[00:00:04]
ARE WE RECORDING? AND WE HAVE, UH, SOMEONE DIGITALLY, VIRTUALLY.
SO I'M GONNA CALL THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION.
UH, WE HAVE THE SPANISH INTERPRETER COME FORTH PLEASE.
COMMISSIONER BON, IS YOU ABLE TO TURN YOUR CAMERA ON? GOOD AFTERNOON.
IF ANYONE COULD PLEASE JOIN AND JOIN ME IN THE PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, INDIVISIBLE.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE COURT.
IF STAFF COULD PLEASE CALL ROLL.
SO IT LOOKS LIKE WE HAVE 10 FOR THE DAY.
[ Briefing and Possible Action on the following items ]
ALRIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY CITY COUNCIL.
THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN 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 TO DETERMINATION MADE BY THE ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS OR 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 WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES THE CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COORDINATE LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST PARTY PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND A PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS.
INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION AND ANY QUESTION BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST PROPOSED VARIANCE OR SPECIAL POSSESSION.
YOU'LL BE CALLED IN ON THE ORDER YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE YOUR MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP 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.
[00:05:01]
GONNA MOVE TO ITEM NUMBER FIVE.UH, WHO IS REQUESTING A CONTINUANCE? SO IF THERE'S A MEMBER WHO WOULD LIKE TO MOVE, UH, FOR A CONTINUANCE FOR ITEM FIVE TO APRIL 7TH.
SO MOVED, UH, IT CASE ENDING IN 27TH.
SO WE HAVE A MOTION, UH, FOR ITEM FIVE, CASE ENDING IN NUMBER 27 BY COMMISSIONER BARRINGTON TO CONTINUE TO APRIL 7TH.
CASES CONTINUE TILL APRIL 7TH.
ITEM NUMBER ONE IS BO OA 25 1 0 3 0 0 0 3 0 54 31 NORTH SECTION OH FOUR WEST COUNCIL DISTRICT EIGHT.
101 HUNDRED 63 SQUARE FOOT VARIANCE FROM THE 75 SQUARE FOOT DIGITAL SIGN MAXIMUM TO ALLOW A 238 SQUARE FOOT DIGITAL SIGN.
SUBJECT PROPERTY IS LOCATED ALONG NORTH SECTION OH FOUR WEST EAST OF I 10 AND NOT LOCATED WITHIN ANY NEIGHBORHOOD ASSOCIATION.
THE APPLICANT IS REQUESTING SIGN RELIEF FROM THE BOARD OF ADJUSTMENT DUE TO HIGHWAY EXPANSION, RENDERING VISIBILITY ISSUES.
THE APPLICANT WILL BE WITHIN SIGN CORRIDOR SQUARE FOOTAGE GUIDELINES.
HOWEVER, SINCE THEY'RE REQUESTING A DIGITAL SIGN, DIGITAL SIGNS ARE LIMITED TO 25% OF THE TOTAL SQUARE FOOTAGE ALLOWED LOUD.
THIS IS THE SUBJECT PROPERTY FROM ACROSS THE SECTION OH FOUR ON THE ACCESS ROAD ON THE OP OPPOSITE SIDE.
AND THIS IS THE SUBJECT PROPERTY.
AND THIS IS THE APARTMENT COMPLEX, UH, OR HOTEL BEHIND THE SUBJECT PROPERTY AND A CARVANA CAR DEALERSHIP.
AND THERE'S A TOPGOLF IN THE BACK TWO WAY IN THE DISTANCE.
THIS IS SOME OF THE NEW CONSTRUCTION OF THE HIGH RISE FOR THE HIGHWAY IN THE AREA.
OH, STAFF RECOMMENDATION, DIGITAL SIGN SQUARE FOOTAGE.
VARIANCE SIGN RECOMMENDS DENIAL MBOA 25 1 0 3 0 0 3 0 BASED ON THE FOLLOWING FINDINGS.
THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE COMMERCIAL AREA AND A SIGN COULD ACHIEVE THE REQUESTED SQUARE FOOTAGE BY BEING NON-DIGITAL NOTIFICATION PLANS.
ZERO RECEIVED IN FAVOR, ZERO RECEIVED IN OPPOSITION, AND NO REGISTERED ASSOCIATIONS WITHIN 200 FEET.
AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
IS HAVE THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR SIGN.
HELLO, MY NAME IS RAUL FRANCO.
UM, I'M HERE ON BEHALF OF ERNA TO HELP THEM, UH, WITH THEIR PERMIT.
EH, AND I APPRECIATE THE OPPORTUNITY HERE WITH YOU.
SO, EH, I HAVE A, A PRESENTATION THAT I CAN, I CAN SHOW YOU.
SO THAT'S, UM, THAT'S A DR. ELIZABETH HERNANDEZ WITH HER FAMILY.
UM, SHE HAS BUILT HER BUSINESS AND SHE GOT HER THAT, THAT, UH, BUILDING RECENTLY.
AND, AND IT SAYS THERE WE CRIED THAT SHE BROUGHT THIS LETTER.
WHEN WE AC ACQUIRED THIS PROPERTY, IT WAS THE VISION OF NOT JUST BUILDING A BRAND, CONTRIBUTING MEANINGFUL IN THE TO THE LOCAL ECONOMY.
A DIGITAL SIGN, UNLIKE ANY TRADITIONAL STATIC BOX, WILL GIVE US A DYNAMIC VISIBILITY.
UH, WE NEED TO REACH NEW CLIENTS.
AND INCREASINGLY, UH, IN THIS INCREASINGLY COMPETITIVE INDUSTRY AS A SMALL, INDEPENDENT, INDEPENDENT BUSINESS, THE VISIBILITY IS NOT A LUXURY AND IT'S A CRITICAL TOOL FOR THE SURVIVAL OR GROWTH FOR THIS, UH, BUSINESS.
SO, UH, ADDITIONALLY THERE'S A OVERPASS CONSTRUCTION AND, UH, THE OVERPASS CONSTRUCTION IS ESSENTIALLY BLOCKING ALL THE AREA, LIKE THE VISIBILITY WE HAVE ON THAT, THAT THAT LIGHT BOX.
SO, UM, WE ORIGINALLY, SHE, WELL, I'M HELPING THEM, BUT THEY ORIGINALLY WANTED THIS, UH, SIGN BASED ON THE SIGNS THAT ARE, THAT ARE AROUND, YOU HAVE THE JURY IN THAT IT HAS A SLIGHT OR BIGGER SIGN THAT THE ONE WE ARE REQUESTING.
[00:10:01]
A FERTILITY CLINIC THAT ALSO HAS THE SAME SIZE THAT WE'RE LOOKING TO GET.SO WE'RE NOT ASKING FOR ANYTHING OUT OF THE ORDINARY.
UH, WE JUST WANNA HAVE SOMETHING SIMILAR, UH, AS THE OTHER BUSINESSES AROUND US.
SO, UM, IF YOU SCROLL DOWN, UH, THAT'S THE, THAT'S THE EXISTING LIGHT BOX THAT WE HAVE IS, UH, 300 SQUARE FEET.
AND WHAT WE'RE ASKING IS A LESS THAT WE ARE ASKING, UH, IT'S ABOUT AROUND 240 SQUARE FOOT TOTAL, AND WE ARE INSIDE THE GATEWAY CORRIDOR.
IF YOU, UH, SCROLL DOWN, PLEASE.
UH, WHERE EXACTLY ON THE EDGE OF THE GREEN LINE, THAT IS THE END OF THE GATEWAY CORRIDOR.
AND, AND THEN IF YOU CAN SCROLL DOWN PLEASE, YOU WILL SEE SIMILAR SIGNS.
SO THAT'S A FERTILITY, EH, IS IN THE SAME CORRIDOR AS OURS.
AND YOU CAN SEE THERE'S A SIMILAR SIZE.
THAT'S A 255 SQUARE FOOT THAT IS ALREADY THERE IN THAT, IN THAT PROPERTY.
AND IF YOU SCROLL DOWN, THERE'S A DRAWING JUST ACROSS THIS COR THE PRETTY, PRETTY CLOSE TO US IN THE SAME CORRIDOR.
AND THEY HAVE A, A SLIGHTLY BIGGER 270 SQUARE FEET OF SIGN, DIGITAL SIGN.
AND, AND IF YOU GO DOWN, I KNOW THIS IS, UM, THIS IS NOT THE SAME.
THIS IS A OFF-PREMISE SIGN, BUT THIS IS A ALMOST 800 SQUARE FEET OF A DIGITAL SIGN.
IT'S A, IT'S A BILLBOARD, RIGHT? BUT IT'S IN THE SAME CORRIDOR.
SO, EH, I KNOW WHAT YOU'RE TRYING TO DO WITH THE CORRIDORS, MAINTAIN THE AESTHETICS, BUT I DON'T THINK, UH, THERE, THEY'RE, THEY'RE ALLOWING US A SMALLER SIZE, BUT I DON'T THINK THE THE AESTHETICS WILL BE AFFECTED IF WE HAVE JUST, UH, THE OPPORTUNITY TO HAVE A SLIDER, A MORE SPACIOUS SIGN TO, TO PROVIDE THE, THE MESSAGES.
UM, IF YOU SCROLL DOWN, UH, THAT'S WHAT, THAT'S, THAT'S SOME OF THE GATEWAY CORRIDOR DISTRICT PLANS DEVELOPMENT.
AND OVER THERE, THE, THE, THE, THE PROHIBITIONS, IT DOESN'T ALIGN WITH THE CHAPTER 28.
SO YOU CAN SEE IT SAYS THAT THE CHAPTER 28, 220, EH, DOESN'T EXIST ANYMORE IN, IN THE CHAPTER 28.
AND I KNOW THIS DOCUMENT WAS UPDATED AFTER THE LAST UPDATE, THE BIG UPDATE ON THE CHAPTER 28.
SO, UM, WE HAVE GOING BACK AND FORTH THESE, UM, BETWEEN THE DOCUMENTS AND ESSENTIALLY, I DON'T THINK WE HAVE A, UM, A, UM, A REFERENCE, A RIGHT REFERENCE THERE TO THAT DOCUMENT.
SO YOU CAN SEE THE, THIS IS THE GATEWAY CORRIDOR DOCUMENT AND IN THE CHAPTER 28 GOES UP TO THE SECTION 28 76.
IT DOESN'T GO TO THE 220 ANYMORE.
SO THAT'S SOMETHING THAT IT'S NOT ACCURATE ANYMORE.
BUT, UM, YOU CAN SCROLL DOWN, PLEASE.
SO BASED ON THE CHAPTER 28, OF COURSE, WE ARE A MULTI-TENANT.
WE ARE ALLOWED 650 FEET AND OF, OF THE TOTAL SIZE AREA.
AND WE HAVE READ THE, THE, THE DIGITAL SIGNS.
IT COULD GO UP TO 3, 375 SQUARE FEET.
I KNOW THE CORRIDOR SAYS THAT, UH, THERE'S A LIMITATIONS THERE, BUT AGAIN, THE LIMITATION BASED ON THAT DOCUMENT IS NOT ACCURATE WITH THE PROVISION.
SO, UM, SO CAN YOU SCROLL DOWN PLEASE? UH, ALSO, YOU KNOW, UH, AND WE UNDERSTAND THE RES AND RESPECT THE SEAL COMMITMENT TO MAINTAINING VISUAL HARMONY.
WE BELIEVE THAT THE REQUEST TO THE DIGITAL SIGN WE NEED WILL NOT NEGATIVELY IMPACT THE AREA AESTHETICS FOR SEVERAL REASONS, YOU KNOW, THROUGHOUT DESIGN, YOU KNOW, THOUGHT THOUGHTFUL DESIGN, THIS, THE SIGN WILL BE DESIGNED WITH CLEAN LINES, SOLAR FRAMING AND MORE MATERIAL.
SO THE SURROUNDING ARCHITECTURE AND, AND STREET SCAPE, WE WE'RE, WE'RE REPLACING THIS DULL LIGHT BOX FOR A BETTER TOOL FOR COMMUNICATE.
UH, WE CAN CONTROL THE BRIGHTNESS, OF COURSE.
UH, SO, UH, IT WON'T BE A VISUAL DISRUPTION.
UH, THE CONTENT WILL BE GOOD ON THE SCREEN.
YOU KNOW, UH, EH, WE, WE ARE ALLOWED TO, TO, TO UPDATE THIS, UH, THESE MESSAGES CONSTANTLY AND, UH, AND BE ABLE TO, TO BE COMPETITIVE.
AND, AND ALSO WE'RE COMMITTED TO RESERVING PORTION OF THE DISPLAY FOR COMMUNITY MESSAGES, SUCH AS PUBLIC SERVICE ANNOUNCEMENTS, EMERGENCY ALERTS.
WE CAN, WE CAN CONNECT THAT TO, TO, TO THOSE PUBLIC SERVICES IN CASE YOU, LIKE RIGHT NOW, THE CONSTRUCTION, WE CAN, WE CAN PROMOTE LIKE ANY MESSAGES, LIKE DON'T TAKE THE I 10 OR THE 1604, JUST, JUST HELP THE COMMUNITY, UH, WITH THESE TYPE OF MESSAGES.
WE CAN DO THAT, YOU KNOW, WITH THIS TYPE OF, OF DIGITAL SIGN, WE CAN HELP AND SUPPORT LOCAL COMMUNITIES.
[00:15:01]
CAN YOU SCROLL DOWN, PLEASE? THERE'S A VIDEO THERE.IN THAT VIDEO, WE'RE SHOWING THE BLOCKAGE OF THE
YOU CAN OPEN IT AS A, I THINK IT'S CALLED VISIBILITY.
UH, AND YOU CAN SEE THAT RIGHT NOW, THE OVER, WELL, THAT'S THE, THE, THE SIGN, RIGHT? SO WE CAN, WE CAN SHARE, YOU KNOW, VERY AESTHETIC MESSAGES.
UH, AND THIS, THIS BUSINESS IS ALL ABOUT BEAUTY AND AESTHETIC.
SO WHAT THEY'RE TRYING TO SHARE ALSO, THE MESSAGES WILL BE, WILL BE NICE AND CLEAN.
WE, IF YOU ALLOW US ONLY A SMALL SIZE, IT WILL BE CLUTTER.
IT WILL BE, WE, WE CANNOT SHARE LIKE A MESSAGE.
UH, IT WILL BE EVERYTHING IN ONE, JUST SMALL SIZE.
SO I DON'T THINK THAT CONTRIBUTES TO THE AESTHETICS OF THIS, OF THE CITY JUST ALLOWING US A SMALL, SMALLER SIGN.
I THINK IT WILL LOOK, IT WILL LOOK, UH, IT WILL LOOK AS BEAUTY AS IS, RIGHT? SO AS LONG AS WE MAINTAIN GOOD CONTENT, BRIGHTNESS AND, AND, YOU KNOW, MAINTAIN THE, A GOOD COMMUNICATION WITH THE CITY, UH, I DON'T THINK, EH, COULD BE WRONG FOR THE, FOR THE, FOR THE AESTHETICS OF THE CITY.
THIS IS, UH, WELL, THE VISIBILITY THAT'S BEFORE THE OVERPASS.
AND NOW ESSENTIALLY IT'S JUST A BLOCKAGE OF, OF COLUMNS.
SO YOU CAN SCROLL DOWN AND THERE'S ANOTHER VIDEO I ATTACHED, BUT YOU CAN SEE RIGHT NOW THE VISIBILITY IS BETWEEN THIS THREE COLUMNS WHEN YOU'RE DRIVING IS NOT VIEWABLE ANYMORE FOR, FOR THIS BUSINESS.
SO IF YOU GIVE US A SMALLER SIZE AS RIGHT NOW, THEY'RE, THEY'RE SAYING 75 SQUARE FEET IS, IS NOTHING, IT'S PROBABLY LESS THAN THAT PROJECTION SCREEN.
SO IT'S VERY, VERY SMALL TO BE ABLE AN HOUR.
AND THE PILE IS IN THE BACK OF THE PROPERTY.
SO IT'S, IT'S WHERE THE BUILDING IS.
SO ALSO THAT CONTRIBUTES TO THE, TO THE APPRECIATION OF THE SIZE TO THE PERSPECTIVE.
SO THAT'S, UH, WE WANTED TO SEE THAT THE, THIS OVERPASS IS AFFECTING US ON THE, ON THE VISIBILITY.
UM, IF YOU LOWER, IF YOU SCROLL DOWN, UM, YOU CAN SEE THAT'S, THAT'S THE DIMENSIONS WE'RE LOOKING TO, TO REQUEST, UH, 242 SQUARE FEET.
AND, UM, IT WILL BE, IT WILL LOOK PRETTY, PRETTY VISIBLE, EH, WE WILL BE ABLE TO, TO SHARE THE MESSAGES.
UH, AGAIN, WE CAN SHARE, UH, ANY TYPE OF CONTENT, ACCESSIBILITY, MULTILINGUAL MESSAGES.
YOU KNOW, SAN ANTONIO'S A MULTILINGUAL COMMUNITY.
WE CAN SHARE IN SPANISH AND ENGLISH, UH, TO, SO WE NEED TO BE COM THIS BUSINESS NEEDS TO BE COMPETITIVE, YOU KNOW, AND TO BE ABLE TO, TO MAINTAIN IT, YOU KNOW, HE'S BRINGING ECONOMY TO THE CITY.
THEY RECENTLY ACQUIRED, UM, THEY ALMOST LOST THE, THE, THEIR BUSINESS IN COVID, BUT THEY, THEY SHIFTED AND THEY WERE ABLE TO, TO GROW.
SO RIGHT NOW, IN ORDER TO, FOR THEM TO MAINTAIN THAT BUSINESS, UH, I THINK IT'S CRUCIAL TO HAVE A BUSINESS AND, UH, TO HAVE THIS, THIS SIGN SO THEY CAN SHARE THEIR, THEIR MARK MARKETING.
AND IT'S, SO, AND IT'S, IT'S, IT'S, YOU CAN SEE THE BENEFITS.
IT WILL INCREASE SALES FOR THE PLACE.
LIKE 15 TO 150% IS, UH, DIGITAL SIGN WILL BRING THAT TO, TO A, TO A BUSINESS.
YOU, UH, YOU CAN SCROLL DOWN, PLEASE.
UH, OKAY, THAT'S A, THAT'S A VIDEO WE ALREADY SAW, AND THAT'S SOME OF THE BENEFITS.
UH, AS, AS I SAID, CLINICS USING DIGITAL SCIENCE OFTEN SEE A INCREASE IN BUSINESS BETWEEN 15 AND 150%.
UH, WE CAN UPDATE RELEVANT MESSAGES INSTANTLY AND BETTER VISIBILITY, BETTER EXPERIENCE FOR THE, FOR THE PEOPLE AROUND, UH, MORE BROADB BRAND AND CONNECTED COMMUNITY.
WE CAN, WE CAN HELP THE COMMUNITY WITH THESE SIGNS.
UM, ACCESS, AS I SAID, MULTILINGUAL MESSAGES.
AND ANTONIO HAS A LARGE MULTI MULTILINGUAL COMMUNITY.
PUBLIC SERVICE MESSAGES, SUPPORT, LOCAL EVENTS, ALERT MEASURES LIKE AMBER OR SILVER ALERTS, WE CAN, WE CAN CONNECT TO THAT, EH, SUPPORT LOCAL ARTISTS AND BEAUTIFUL CONTENT.
SO AS WELL, TRAFFIC UPDATES FOR THE ROAD CONSTRUCTION AND WEATHER ALERTS.
AND OVERALL A DYNAMIC EXPERIENCE AND ENHANCED COMMUNICATION.
AND I THINK IT'S A BENEFIT FOR EVERYONE.
UH, AND WE CAN TASTEFULLY INTEGRATE IT WITH THE CITY CHARACTER.
UM, SO IF, IF YOU SCROLL DOWN, UH, THIS, THIS A COMPARISON OF THE SIZES.
RIGHT NOW WE HAVE THAT 30 BY 10 BOX AND THE CENTER'S BLUE, UM, IS JUST A REPRESENTATION OF THE, THE NEW SIGN.
WE'RE, WE'RE LOOKING SLIGHTLY SMALLER THAN WE HAVE, EH, BUT STILL, UM, BASED ON THE GATEWAY CORRIDOR, UH, WE'RE ALLOWED UP TO 300 SQUARE FOOTAGE AT 40 FEET.
AND I THINK THE OVERPASS GIVE US ANOTHER
[00:20:01]
10 FEET.UH, WHAT, UH, FOR WHAT INSPECTOR SAID.
SO I THINK WE ARE NOT WANTING TO GET THOSE 10 EXTRA FEET OF HEIGHT, BUT WE WOULD RATHER HAVE A, A BIGGER SIZE, YOU KNOW, SIGN.
UM, SO, EH, THAT'S LETTERS, UH, FROM SUPPORT FROM THE NEIGHBORS.
UH, IF YOU SCROLL DOWN, THAT'S FROM THE HOTEL ON THE BACK, THAT'S THE LEFT.
SO, EH, YOU CAN SEE WE HAVE A, AND THERE'S ANOTHER LETTER COMING FROM THE DEALER FROM CARVANA.
SO WE HAVE THREE LETTERS FROM THE NEIGHBORS THAT THEY APPROVE.
UH, AND, AND WE CAN SHARE THAT WITH YOU THESE LETTERS AS WELL.
UH, SO, UH, THOSE ARE THE LINKS THAT WE BASE FOR THE HILL COUNTRY GATEWAY RECORDER AND THE CHAPTER 28.
THOSE ARE THE OFFICIAL LINKS THAT WERE, WE WERE LOOKING FOR, EH, FOR THIS PRESENTATION.
AND ALSO, UM, THAT, THAT'S IT.
AND THANK YOU FOR YOUR, THANK YOU FOR OUR, FOR YOUR TIME.
UM, AT THIS TIME, I WANT TO ASK THE CITY, UH, SIGN INSPECTOR TO COME UP.
I JUST WANT TO CLARIFY SOME ITEMS FOR THE BOARD AND WE'LL SEE IF WE HAVE ANY QUESTIONS, UH, FOR YOU AFTERWARDS.
SO SOME OF THE QUESTIONS I HAVE, UH, SOME OF THE QUESTIONS I HAVE IS, UH, IS, IS, IS THIS PART OF THE MASTER SIGN PLAN? NO, IT'S NOT.
SO IT'S AN INDIVIDUAL? CORRECT.
SO HE HAD, WE HAD HEARD A TESTIMONY, THIS IS A MULTI-TENANT, BUT IT LOOKS LIKE THERE'S JUST ONE TENANT ON THIS ONE LOT AS WHO, WHO'S THE OTHER TENANT? UH, RIGHT NOW THEY, THEY'RE JUST ONE TENANT, BUT THEY, THEY'RE LOOKING TO HAVE ANOTHER TWO, AT LEAST TWO MORE TENANTS.
IS, IS THERE ANYBODY WITHIN NEARBY THAT HAS A DIGITAL SIGN? WE SAW ONE FROM THAT.
IT WAS ORIGINALLY MEANT TO BE A HOSPITAL.
THE JURY END IS SO OLD THAT PREDATES ALL THAT STUFF.
AND THERE'S, THAT'S ACROSS THE HIGHWAY.
AND THEN THERE'S ONE, I DON'T KNOW, WHATEVER, A MILE DOWN, I GUESS.
BUT IS IS IF THE SIGN IS ON A WALL AS OPPOSED TO BEING ON A POST DIFFERENCE, DOES THAT CHANGE? THERE IS A DIFFERENCE.
THERE IS A DIFFERENCE BECAUSE IT'S A FREESTANDING SIGN, BUT IT'S STILL DIGITAL.
SO THE, THE SIGN THAT WE HAVE SAW IN THE PRESENTATION THAT WAS ON THE BUILDING NEAR MILITARY, IS THAT PERMITABLE IN THE COURT OR CORRIDOR DISTRICT RIGHT NOW? IT IS.
IT IS, BUT AT A PERCENTAGE ALSO.
SO THIS, SO THIS, UH, APPLICANT COULD THEORETICALLY PUT A DIGITAL SIGN ON THE BUILDING CORRECT.
AND ATTAIN WHAT THEY'RE LOOKING FOR.
IT'S JUST THE FACT THAT IT'S ON A PEDESTAL, ON, ON A DIFFERENT, YES.
AND YOU CAN HAVE A, A, A DIGITAL SIGN ON THE BUILDING AND KEEP THE LIGHT BOX PEDESTAL AND THAT'S STILL ACCEPTABLE.
UH, ANY QUESTIONS FROM THE COMMISSION? I JUST TRY TO GET SOME OF THE FIRST FLUSH OUT THERE.
SO WITH REGARDS TO THE, UM, 25% RULING WITH REGARDS TO THE, UH, DIGITAL, UM, SO RIGHT NOW THE CURRENT SIGN IS WE'LL SAY 15% UNDER WHAT THE MAX SIZE COULD BE FOR THAT SPACE.
AND SO, SO IF IT'S 300 SQUARE FOOT THAT IT'S ALLOWED, IF THAT'S, IF I UNDERSTOOD CORRECTLY FROM THE APPLICANT, UH, BY PERMIT, THEN IT'D BE LIKE 225 SQUARE FOOT WOULD BE PERMITTED FOR ELECTRONIC SIGN ON THAT POST AND STILL AND THEN BE COMPLIANT.
WOULD THAT BE CORRECT? SO IN OTHER WORDS, THERE'S, IT HAS TO BE 25% LESS SPACE FROM THE 300 SQUARE FOOT.
BECAUSE IT'S DIGITAL FOR DIGITAL TO ALLOW FOR THE DIGITAL COMPONENT.
SO THAT WAS ONE QUESTION AND THAT'S GOOD.
COMMISSIONER ZUNA, MY QUESTION IS, GOING BACK TO THE HILL COUNTRY GATEWAY CORRIDOR OVERLAY, WHEN WAS THAT IMPLEMENTED AND WHAT WAS THE INTENT OF THAT CORRIDOR? UM, THE GATEWAY CORRIDOR, THE, UH, GATEWAY CORRIDOR WAS ESTABLISHED IN MAY OF 2020 OR 2003.
AND THE INTENT OF THE, OF THE GATEWAY CORRIDOR, WHAT WAS THE INTENT OF THE CORRIDOR? UH, AS WITH ALL THE CORRIDORS, IT'S ABOUT UNIFORMITY, UM, DESIGN STANDARDS FOR THE WAY THE BUILDINGS SHOULD LOOK, SIGNAGE SHOULD, SHOULD LOOK, THOSE KINDS OF THINGS.
UM, AND JUST TO CLARIFY, UH, COMMISSIONER STEVENS, UH, POINTED OUT THAT IT'S 25% ON A, NOT A REDUCTION, BUT IT'S 25% OF THE SIGN, RIGHT? OF WHAT'S ALLOWED.
SO IF IT'S 300 SQUARE FEET, THAT'S WHY THE MAX IS 75.
SO ONLY SEVEN FIVE FOOT COULD BE SEVEN, FIVE SQUARE FOOT COULD BE DIGITAL, DIGITAL ON A, ON A PO ON A PEDESTAL SIGN FREE FREESTANDING SIGN.
IF IT'S ON THE BUILDING WALL, IT CAN BE BIGGER.
SO WE SAW, WE, WE SAW AN EXAMPLE OF A, OF A, OF LIKE A TWO OR THREE STORY BUILDING DOWN MILITARY, AND THEY HAD A DIGITAL SIGN ON THEIR BUILDING.
AND THIS APPLICANT CAN, CAN DO THAT AS WELL.
HE JUST CAN'T HAVE IT AS A, AS A FREESTANDING.
SO DO THE MATH AGAIN FOR ME, FOR THE, FOR THE FREESTANDING SIGN.
[00:25:01]
WHAT THAT I DIDN'T UNDERSTAND.HE'S, HE'S ALLOWED TO HAVE A 300 SQUARE FOOT REGULAR SIGN.
AND SO 25% OF THAT IS 75 FEET.
THAT'S THE BIGGEST DIGITAL SIGN HE COULD HAVE.
SO THAT'S WHY YOUR VARIANCE IS 4 1 70, COMMISSIONER ZINA.
AND SO OF THAT RIGHT HERE, WOULD IT BE, COULD HE DO A COMBINATION OF, UH, LIKE A, A STATIC BILLBOARD SIGN AND THE DIGITAL PORTION BEING THAT 75%, 75 SQUARE FEET? HE'S A MULTI 10? YES.
HE COULD, HE COULD SPLIT IT IN HALF AND SAY, MEET MY 75 AND THE REST OF IT'S STATIC.
AND IN THAT CASE, UM, HE WOULDN'T, THERE WOULDN'T HAVE TO BE ANY KIND OF A MASTER SIGN AGREEMENT, BECAUSE THAT WOULD BE ALL TENANTS WITHIN THE SAME, UH, PLATTED LOT, CORRECT? CORRECT.
AND, AND THEN, UM, AS FAR AS THE QUARTER DISTRICT GOES, SO WE, YOU KNOW, THIS QUARTER DISTRICT CAME OUT SOME YEARS AGO.
UM, DOES THE CITY LOOK AT THAT ANY DIFFERENTLY WHEN YOU HAVE THESE REALLY LARGE OVERPASSES? I MEAN, IS IS THERE AN EXAMPLE TO WHERE MAYBE TEXDOT CAME IN WITH THESE REALLY HIGH, UH, PASSES AND THEN MAYBE A QUARTER DISTRICT CAME IN JUST TO KIND OF SEE WHAT ANY CHANGES AT THE CITY WOULD LOOK AT? NO, IN FACT, THIS CORRIDOR BEFORE DIDN'T EVEN ALLOW, IT, DIDN'T ALLOW ANY DIGITAL SIGNS IN THERE UNTIL RECENTLY.
THEN NOW THEY'RE ALLOWED AGAIN.
COMMISSIONER STEVE C COULD YOU EXPLAIN WHY THAT IS? THE, THE REASONING BEHIND THAT? OR GO THE QUESTION WAS, I'M SORRY, JUST ONE MORE TIME.
WELL, I, I GUESS JUST WHY DIGITAL SIGNS ARE, ARE NOT ALLOWED IN THE CORRIDOR OR WEREN'T, THEY WERE NOT, THEY WEREN'T, WEREN'T PREVIOUSLY, I DON'T KNOW HISTORICALLY FOR THIS CITY, BUT I KNOW, UM, FOR SURROUNDING CITIES THAT THE REASON DIGITAL SIGNS WERE WHEN THEY FIRST CAME OUT WERE, THEY WERE SO AGAINST THEM WAS THAT THEY WERE VERY BRIGHT AND FLASHY AND DISTRACTING TO DRIVERS.
AND SO FOR THOSE REASONS, THEY PROHIBIT PROHIBITED THEM IN A LOT OF AREAS.
BUT, UM, AS OUR SIGN EXPERT HAS NOTED, HE, HE CAN DO IT, UH, BUT HE DOES NEED A VARIANCE IN ORDER TO DO IT, OR HE NEEDS TO MEET THE REQUIRED 75 SQUARE FEET.
UH, JUST A COUPLE MORE QUESTIONS.
IS, IS HE LIMITED TO 300 SQUARE FEET FOR SINGLE-TENANT OR MULTI-TENANT? IS IS THAT CONSIDERING MULTI-TENANT, THREE, 300 SQUARE FEET MULTI-TENANT? MM-HMM
AND FOR THE APPLICANT, YOU'RE PROPOSING USING THE SAME POST FOR THE, FOR THE SIGN FOR THE DIGITAL SIGN? YES.
AND YOUR SIGN IS GETTING SMALLER AND YEAH.
RIGHT NOW, UM, I THINK 75 SQUARE FEET DOESN'T DO ANYTHING.
BUT BUT THE SIGN THAT YOU'RE PROPOSING, IT'S SMALLER THAN YOUR EXISTING AH, YES.
IS IF, IF THIS COMMISSION WERE TO APPROVE THIS TODAY, UM, COULD HE HAVE BOTH A LIGHT BOX AND A DIGITAL SIGN OR, OR ONE OR THE OTHER? DEPENDS ON WHAT YOU'RE ADVERTISING.
BECAUSE ON THE DIGITAL SIGN, YOU CAN ONLY, YOU CAN ONLY OCCUPY 375 SQUARE FEET AT ANY GIVEN TIME ON WHATEVER IT MAY BE.
SO I HAVE A WIDGET STATIC AND WIDGET POPS UP IN MY EMC UNIT AND NOW YOU'VE EXCEEDED THAT LIMIT.
SO, SO THAT'S, THAT'S WHAT I'M, I'M WONDERING, UM, IS YOU'RE LIKE AT 600 SQUARE FEET OF WIDGETS, OKAY.
IS YOUR GOAL TO REPLACE THE CURRENT SIGN WITH A DIGITAL SIGN, CORRECT.
THAT'S, IS THERE, IS IT POSSIBLE FOR THIS MOTION TO, I KNOW WE CAN'T DO CONDITIONS, BUT IIII DON'T KNOW IF I WOULD BE, UH, A BIG FAN OF HIM HAVING TWO 300 SQUARE FOOT SIGNS, BUT ONE IS SOMETHING THAT DOESN'T SEEM TO GET TO ME.
SO, SO AS A NOTE, SO WHAT WAS, WAS IT 238 SQUARE FOOT SIGN? WHAT WAS ADVERTISED? YES.
UM, 'CAUSE THE APPLICANT'S, UM, UM, POSITION HERE WAS 242 SQUARE FEET.
SO, BUT IT'S, BUT WELL, IT'S JUST SO WE CAN'T GIVE YOU MORE THAN WHAT'S BEEN ADVERTISED.
OTHERWISE WE HAVE TO GO BACK AND NO, IT'S FINE.
WE CAN, WE CAN COMPLY WITH IT 2 32 THEN, UNLESS YOU WANNA ADVERTISE THERE.
AND THEN, SO, AND IF YOU'RE TALKING ABOUT 300 NOW YOU'RE TALKING ABOUT SIGNIFICANTLY LARGER AND THAT'S, THAT WOULD BE AN ABSOLUTE ADVERTISEMENT.
YEAH, I, I WAS JUST CONCERNED ABOUT WHETHER OR NOT HE OR NOT, HE COULD HAVE KEEP THE CURRENT SIGN AND THEN PUT A DIGITAL ONE ON TOP OR BELOW IT AND HAVE TWO SIGNS.
AND I'VE CONFIRMED WITH THE CITY ATTORNEY THAT YOU CAN NOTE, UH, FOR THE RECORD, THAT IT IS ONE TOTAL SIGN AS, AS A FREESTANDING YES.
ONE TOTAL FREESTANDING SIGN THAT COULD BE DIGITAL.
[00:30:01]
YES.WELL THAT MAKES ME FEEL BETTER.
I DIDN'T UNDERSTAND THE CLARIFICATION THERE.
SO, SO WHAT IS IT THAT YOU, SO IT'S, SO IF WE WERE TO APPROVE THIS WITHOUT DENOTING ANYTHING, IN THEORY, HE COULD HAVE TWO SIGNS.
ONE NON-DIGITAL AND ONE DIGITAL, AS OPPOSED TO JUST HAVING ONE DIGITAL SIGN.
HE'S ASKING TO DO ONE SIGN, BUT YEAH.
SO MULTI-TENANT COULD HAVE MORE THAN ONE SIGN ON A PROPERTY.
SO IT'S SO SIMPLY 'CAUSE IT'S MULTI-TENANT, RIGHT? OR CORRECT.
NO, WE HAVE ANOTHER CLARIFICATION.
OH, YOU CAN, AND IT DEPENDS ON SPACING.
SO YOU COULD HAVE A SPACING ISSUE, DISTANCE BETWEEN SIGNS, RIGHT? SO DISTANCE, DISTANCE BETWEEN SIGN MAY LIMIT HOW MANY SIGNS COULD BE.
SO HE HAS A, HE HAS A, AN EXISTING POLE RIGHT? PEDESTAL.
AND HE HAS AN EXISTING, LET'S SAY 300 SQUARE FOOT SIGN ON THERE.
CAN HE HAVE A DIGITAL SIGN AND KEEP THE EXISTING SIGN ON THAT SAME POLE? AS LONG AS YOU STAY WITHIN THE PARAMETERS OF WHAT'S ALLOWED IN THAT CORRIDOR, WHICH IS 300 SQUARE FEET TOTAL DIGITAL AND NON-DIGITAL.
SO IF WE APPROVE OF 238 SQUARE FOOT DIGITAL SIGN, THE ONLY THING HE COULD DO IS A 62 SQUARE FOOT NON-DIGITAL SIGN.
OH, ZUNA, COMMISSIONER ZUNA, ANDREW, YOU CAN ONLY ADVERTISE THE MAXIMUM SQUARE FOOTAGE.
ALLOW PER, I HAVE A QUESTION FOR THE APPLICANT.
WHAT WOULD THE HARDSHIP BE IF YOU WERE TO PUT THE DIGITAL SIGN ON THE BUILDING VERSUS ON A FREESTANDING POLE? YES.
UH, WE HAVE, WE HAVE ALREADY DISCUSSED THIS OPTION.
UH, THE PROBLEM IS VISIBILITY.
SO THE, THE OTHER OPTION WAS WHERE THE LETTERS ARE, THE, THE TURNOUT LETTERS RIGHT NOW ON THE, ON, ON THAT PART OF THE BUILDING.
BUT IT'S, IT'S ALMOST ZERO VISIBILITY WHEN YOU'RE DRIVING, WHEN YOU, WHEN YOU GET TO THE POINT, IT'S WHEN YOU ARE ABLE TO SEE THAT PART OF THE BUILDING.
SO, AND YOU COULD PUT IT ON THE SIDE OF THE BUILDING, WHICH WOULD BE THE SAME KIND OF SIGN FACING.
AGAIN, IT'S, WE ALMOST HAVE NO VISIBILITY WHEN YOU'RE DRIVING DOWN LIKE THAT PART OF THE BUILDING.
AND, UM, SO WE WILL BE ABLE TO GET IT THIS PERMIT SOONER, BUT WHEN YOU'RE DRIVING IT'S, IT'S ALMOST ZERO VISIBILITY BECAUSE THERE'S TREES ON THE, ON THE LOT BE ON THE, IN THE ADJACENT LOT.
YOU SEE A LOT OF TREES AND THE COLUMNS ARE STILL OF THE THANK YOU.
AND, UH, ANOTHER QUESTION I HAVE IS ON DIGITAL SIGNS.
DOES THE CITY HAVE ANY CODE THAT LIMITS THE, UM, THE BRIGHTNESS? YES, THERE IS.
AND ALSO THE ANIMATION CYCLES.
ANIMATION CYCLES, I MEAN, THERE'S SOME CORRECT.
SO NO ONE'S GONNA GET, UH, HYPNOTIZED VIDEO, NO ANIMATION EPILEPTIC ATTACK.
ALRIGHT, ANY OTHER QUESTIONS? ALL RIGHT.
UH, IS THERE, AND THERE'S, ARE THERE ANY VOICEMAILS OR ANYONE? WE GOT TWO VOICEMAILS.
THIS IS BONNIE CONNOR, 2 1 0 8 6 3 2 2 3 2.
UH, THE, I DON'T HAVE THE CASE NUMBER.
UH, ANOTHER REQUEST FOR DIGITAL SIGNING SIGNAGE ON THE HILL COUNTRY GATEWAY CORRIDOR.
THAT HAS BEEN CHANGED MANY TIMES.
THIS IS FOR A LARGE, LARGE DIGITAL SIGN.
WE DO NOT NEED ANY MORE JUNK, UH, SIGNAGE ON THE CORRIDOR.
THE RATIONALE SEEMS TO BE THE FACT THAT THERE IS NOW A RAMP IN THE AREA.
AS I UNDERSTAND IT, THIS IS A BUSINESS THAT HAS NOT BEEN THERE FOR ONLY A SHORT TIME.
PLEASE CONSIDER THIS REQUEST 2 1 0 8 6 3 2 2 3 2.
THANK YOU FOR YOUR TIME AND YOUR SERVICE TO OUR COMMUNITY.
I ASK YOU TODAY TO DENY THE REQUEST FOR INCREASED SIZE FOR AN ON-PREMISE DIGITAL SIZE FROM 75 SQUARE FOOT TO 238 SQUARE FOOT AT THE BUSINESS LOCATED AT 54 31 WEST LOOP 1604.
THIS BUSINESS IS LOCATED IN THE HILL COUNTRY.
GATEWAY CORRIDOR CORRIDORS THROUGHOUT SAN ANTONIO HAVE DEVELOPED DIFFERENT AESTHETIC STANDARDS IN ORDER TO REFLECT THE UNIQUE CHARACTER OF THOSE AREAS.
THESE CORRIDORS HAVE BEEN DESIGNED AND IMPLEMENTED THROUGH A THOROUGH ANALYSIS IN MULTIPLE OPPORTUNITIES FOR PUBLIC INPUT.
PRIOR TO THE LA LAST UPDATE, JUST TWO YEARS AGO TO THE SIGN ORDINANCE, DIGITAL ON-PREMISE SIGNAGE WAS
[00:35:01]
ALLOWED, WAS NOT ALLOWED IN THE GATEWAY QUARTER.THROUGH A COMPLETE PROCESS, INCLUDING MULTIPLE OPPORTUNITIES FOR PUBLIC INPUT, THE ORDINANCE WAS CHANGED TO ALLOW A MAXIMUM OF 75, UH, EXCUSE ME, OF 25% ARE THE SIGN TO BE DIGITIZED ON-PREMISE SIGNS.
UNLIKE BILLBOARDS ARE NOT REQUIRED TO BE STATIC IMAGES, WHICH CAN ONLY BE CHANGED UP AT TIME IN THE INTERVAL.
ON-PREMISE SIGNS CAN INCLUDE MOVING IMAGES DESIGNED TO CATCH THE DRIVER'S EYE.
IN DOING SO, THEY PROVIDE INCREASED DISTRACTION AND DECREASED SAFETY.
THE APPLICANT HAS INDICATED A DESIRE FOR A HUNDRED PERCENT DIGITAL DUE TO HIGHWAY CONSTRUCTION, WHICH THEY CLAIM WILL REDUCE THE VISIBILITY OF THEIR STOCK.
HOWEVER, THIS BUSINESS WAS RECENTLY BUILT IN AN AREA WHICH HAS BEEN LONG SLATED FOR THE DESIGN.
NEW INTERCHANGE DIGITALIZATION ON THE SIZE WILL NOT MAKE IT MORE VISIBLE, BUT WILL MAKE IT MORE DISTRACTING TO THE DRIVERS, PARTICULARLY THOSE ON THE RAMP TO WHOM THE SIGN WILL NOT SERVE AS A WAYFINDER.
FURTHER, IF THIS VARIANCE OF THE GATEWAY CORRIDOR SIGN STANDARDS IS APPROVED, IT WILL LIKELY RESULT IN A FLOOD OF SIMILAR APPLICATIONS BY OTHER BUSINESSES IN THE AREA WHO HAVE BEEN PUT AT A COMPETITIVE DISADVANTAGE.
BY GRANTING THIS REQUEST AS DIGITAL SIGNS PROLIFERATE, COMPLETING, COMPETING FOR DRIVER'S ATTENTION, SAFETY WILL DECREASE.
I ASK THAT YOU DENY THIS REQUEST FOR INCREASED DIGITAL ON PREMISES SIGNAGE.
1603 TARTAN LANE, SAN ANTONIO, TEXAS 7 8 2 3 1.
ALRIGHT, SO YOU'VE HEARD SOME, UH, SOME VOICEMAILS.
IS THERE ANY CLOSING REMARKS YOU'D LIKE TO MAKE, UH, BEFORE WE UH, OKAY, WELL, ABOUT THE SAFETY, I DON'T THINK IT WILL.
ESSENTIALLY, THESE TYPE OF SCREENS LIKE BILLBOARDS DON'T, DOESN'T AFFECT THE SAFETY OF THE DRIVERS, ESSENTIALLY, BECAUSE THERE ARE OTHER MORE DISTRACTFUL THINGS LIKE THE CELL PHONE OR OTHER THINGS IN THE CAR.
SO, UH, IT'S LIKE READING ANY BILLBOARD OR IT'S THE SAME, SO YOU'RE JUST TURNING AND READING ANY TYPE OF, AND SO IT'S, IT DOESN'T CHANGE ANYTHING ON THE, ON THE, ON THE DISTRACTION PART.
SO IT'S, AGAIN, IF IT'S STATIC OR MOVING, MOVING, YOU'RE STILL RATING THE SAME SIGN.
SO THE ONLY THING IS THAT STATIC YOU, IT WON'T ALLOW US TO COMMUNICATE THE, THIS BUSINESS.
YOU KNOW, THEY HAVE A LOT OF, UH, THEY BRING A LOT OF WITH TESTIMONIALS AND THAT'S WHY THEY WANNA SHARE, YOU KNOW, THE TESTIMONIALS, THE, LIKE THE SEASON SALES OR WHATEVER THEY'RE DOING FOR THEIR MARKETING TO DO THIS BUSINESS, TO, TO KEEP, YOU KNOW, GENERATING, TO BE THRIVING.
SO THAT'S, THAT'S THE MAIN THING FOR THIS KIND OF, OF, OF TYPE OF ME OF SIGNS.
AND ALSO THERE'S A, BEING DIGITAL, YOU CAN UPDATE THE MESSAGING INSTANTLY.
SO IT'S A TOOL ALSO FOR, UM, YOU CAN ASK FOR, FOR COMMUNITY MESSAGES OR WITH THE CITY CAN, WE ARE THE, THESE BUSINESS, THESE OWNERS ARE GREAT.
TWO LO LOCAL PERSONS FROM SAN ANTONIO, THEY HAVE BUILT FROM ZERO.
AND, UM, THEY'RE WILLING TO, TO WORK WITH THE COMMUNITY.
LIKE THEY WANNA PUT A MESSAGE TO HELP SOMETHING LIKE A, LIKE A CHARITY OR A LOCAL ARTIST.
SO TO HELP THE THRIVING OTHER, OTHER BUSINESS.
IS THERE ANY LAST MINUTE QUESTIONS FROM THE COMMISSION BEFORE WE MOVE ON TO THE ATTORNEY? ZUNA? MY QUESTION IS IN REGARDS TO THIS PARTICULAR VARIANCE MOTION, IF IT IS DENIED, IS HIS APPEAL PROCESS THROUGH CITY COUNCIL OR WHAT IS THE APPEAL PROCESS ON THIS SIGNED ORDINANCE? THIS ONE CAN GO TO CITY COUNCIL FOR AN APPEAL IF DENIED.
OKAY, SO IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION COMMISSIONER MANNA.
SO REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 0 3 0, I MOVED AT THE BOARD ADJUSTER GRANT THE REQUEST FOR 163 SQUARE FOOT VARIANCE FROM THE 75 FOOT, UH, UH, DIGITAL SIGN MAXIMUM TO ALLOW A 238 SQUARE FOOT DIGITAL SIGN SITUATED AT 5 4 3 1 NORTH 60 TO FOUR WEST, APPLICANT BEING RO FRANCO BECAUSE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT NECESSARY.
UH, THE VARI THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING OR TOPOGRAPHY, UM, OR TO A DENIAL OF THE VARIANCE, WOULD PRO PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY.
UH, THE PROPERTY IS CURRENTLY PERMITTED A DIGITAL SIGN AT SEVEN FIVE SQUARE FEET.
THE PERMITTED DIMENSIONS MAKE THE VARIANCE NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNAGE ON THE SITE, CONSIDERING THE UNIQUE,
[00:40:01]
THE UNIQUE FEATURES OF A SITE SUCH AS A TOWERING HIGHWAY DEVELOPMENT.THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN SUBPARAGRAPH ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS.
SIMILARLY SITUATED OR POT POTENTIALLY SIMILARLY SITUATED.
THE PROPOSED SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS THE ADDITIONS TO THE STATE HIGHWAY SEVERELY RESTRICT VISIBILITY OF A SIGN THAT WOULD OTHERWISE BE REQUIRED TO FOLLOW THE SIGN.
REGULATIONS B GRANTING A VARIANCE WILL NOT HAVE A SUB, UH, HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE DOES NOT APPEAR TO HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES AS A DIGITAL SIGN.
SQUARE FOOTAGE WILL NOT BE OUT OF CHARACTER FOR THE AREA AND DISTRICT IN WHICH THE PROPERTY IS LOCATED.
C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE.
THE REQUESTED VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE CODE.
FURTHERMORE, THE REQUESTED DIGITAL SIGN EXCEEDING THE 75 SQUARE FOOT WILL NOT BE OUT OF CHARACTER FOR THE IMMEDIATE AREA IN WHICH THE PROPERTY IS LOCATED.
AND A MOTION, SECOND COMMISSIONER STEVENS, COMMISSIONER MANON.
SO, UM, SO WHILE IT IS THAT, I, I, YOU KNOW, I I RESPECT THAT THE NOTION OF, YOU KNOW, TRYING TO GET VISIBILITY, UM, I ALSO WANNA RESPECT THE COURT OR PLAN.
AND SO I, SO I WON'T BE ABLE TO SUPPORT THIS FROM THAT PERSPECTIVE.
AS I LOOK AT GOOGLE DRIVE AND I DRIVE DOWN THE HIGHWAY, UM, GOING ALL THE WAY TO THE INTER, UH, TO THE, TO THE MAJOR OVERPASS INTERSECTION, AND GOING BACK TO THE OTHER OVERPASS, I CAN SEE THE SIGN REALLY ALL THE WAY ACROSS THAT, THAT, THAT, THAT DISTANCE THERE.
AND SO GENERALLY, IF THE SIGN IS HIDDEN AND THERE'S OTHER THINGS GOING ON WITH REGARDS TO, UH, TOPOGRAPHY AND, AND OTHER THINGS OUTSIDE THE BEAMS, I, I STILL SEE THAT, THAT SIGNAGE THERE.
UM, AND THEN ALSO JUST THE NOTION OF, UM, YOU KNOW, UH, MAKING AN ELECTRONIC, UM, YOU KNOW, I'M, I'M NOT NECESSARILY A FAN OF IT, I'LL SAY IN GENERAL, BUT HERE, YOU KNOW, BECAUSE OF THAT QUARTER PLAN, I'M EVEN LESS SO, SO I'LL BE VOTING ENOUGH.
COMMISSIONER, COMMISSIONER STEVENS.
OKAY, I'M GONNA, UM, I WENT BACK AND FORTH ON THIS A COUPLE OF TIMES IN MY HEAD, BUT I'LL, I'LL CAUTIOUSLY BE IN SUPPORT OF THIS.
UM, THERE'S AN EXISTING LIT SIGN THERE, SO I THINK THERE ARE SOME ADVANTAGES FOR SMALL BUSINESS TO BE ABLE TO ALLOW FOR THAT FLEXIBILITY AND TO BE ABLE TO PIVOT FROM A MESSAGING STANDPOINT.
UM, SO I'LL, I'LL BE IN SUPPORT OF THIS ONE.
ANY OTHER COMMISSIONERS LIKE TO ADD, UH, IVANYA? YES, COMMISSIONER, UH, I AL I WILL ALSO BE IN SUPPORT.
UM, I DRIVE DOWN 1604 AND, UM, GO TO DIFFERENT BUSINESSES AROUND THERE, AND SOMETIMES IT'S REALLY DIFFICULT TO SEE WHERE THEY'RE AT OR SEE WHAT I'M LOOKING FOR.
UM, I, I WASN'T A FAN OF DIGITAL BILLBOARDS AND RIGHT NOW THERE'S QUITE A FEW DIGITAL BILLBOARDS AND, UH, ONE IN PARTICULAR ON THE, THE BEND OF 2 81 AND 35.
AND I ALWAYS THOUGHT THAT IT WOULD BE DISTRACTING.
UM, SOMETIMES I WISH I, THE TRAFFIC WAS GOING SLOWER SO I COULD SEE WHAT WAS ON THE BILLBOARD, BUT I CATCH GLIMPSES AND I THINK THIS TYPE OF, OF, UM, BILLBOARD OR SIGNAGE FOR YOUR BUSINESS, AS FOR MANY OF THE BUSINESSES ON THAT HIGHWAY, IS ESSENTIAL FOR THEIR SURVIVAL.
AND, UH, THOUGH I APPRECIATE YOU WANTING TO USE IT AS A COMMUNITY THING.
YOU KNOW, I THINK MAYBE FOR COM, THE COMMUNITY, NOT SO MUCH FOR THE TEXAS HIGHWAY, BUT FOR THE COMMUNITY ANNOUNCEMENTS MIGHT BE A, A NICE THING TO ADD THERE, BUT, UH, FOR ME IT'S MORE SUPPORTING A SMALL BUSINESS, UH, RUN BY A, UH, A WOMAN, A BUSINESS OWNER, UH, DR. HERNANDEZ.
UM, AND I THINK THAT THIS KIND OF SIGNAGE ASSISTS THOSE SITE TYPE OF BUILD OF BUSINESSES.
ANYONE ELSE? COMM, UH, BOEZ, COMMISSIONER BOEZ? YEAH.
UH, I'VE MET HIM BE IN OPPOSITION TO THIS, UM, JUST BECAUSE, YOU KNOW, THEY STILL HAVE THE OPTION TO PUT IT ON THE BUILDING.
UM, IF THEY CHOOSE, IF THEY CHOOSE TO, THEY CAN STILL PUT THE DIGITAL SIGN ON THE BUILDING AND THEN STILL HAVE THE BILLBOARD.
AND, UM, IT'S JUST RIGHT THERE WHERE THERE'S A, A, A MERGING LANE, YOU KNOW, WHERE YOU GOTTA YIELD AND THEN PEOPLE COMING OFF.
SO I THINK THOSE, THOSE PEOPLE DRIVING THERE, YOU KNOW, COULD EASILY BE DISTRACTED.
AND YES, THEY'RE DISTRACTED BY CELL PHONES AND OTHER THINGS.
I THINK PUTTING A DIGITAL BILLBOARD UP THERE IS ONE MORE DISTRACTION, UM, THAT COULD LEAD TO ACCIDENTS RIGHT THERE WHERE CARS ARE, ARE EXITING THE HIGHWAY AND, AND HAVING A YIELD THERE.
SO I'LL, I'LL BE IN OPPOSITION FOR THAT.
YEAH, SO I'M GONNA CONCUR WITH AN, AN OPPOSITION ONLY BECAUSE I THINK THIS WOULD ALLOW THE CITY COUNCIL TO WEIGH IN IF THEY CHOOSE TO APPEAL IT THROUGH THE CITY COUNCIL.
I THINK HAVING THE CITY COUNCIL AND THE, UH, CONSTITUENCY KIND OF INPUT THERE WOULD BE BENEFICIAL TO THE OUTCOME OF THIS BOAT AS WELL.
SO THAT'S WHY I'M IN OPPOSITION.
UM, AND I'LL JUST CLOSE, I'M, I'M,
[00:45:01]
I'M NOT A FAN OF THIS ONE.IT'S, THERE'S ENOUGH STUFF GOING ON, ENOUGH DRIVEWAYS, ENOUGH TRAFFIC ENOUGH.
AND THE FORTUNATE WITH THIS BUSINESS IS, YOU'RE RIGHT THERE ON THE ACCESS ROAD.
IF, IF EVERYBODY CAN EASILY SEE WHAT'S ON THE BUILDING NOW, AND THE SIGN THERE, IF A DIGITAL SIGN I DON'T THINK IS GONNA REALLY HELP, BUT I REALLY THINK THAT IT WOULD BE A DISTRACTION, SO I'LL BE IN OPPOSITION.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BARTON? NO, I DO NOT.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER UNA? I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
COMMISSIONER MONEZ? I DO NOT CONCUR.
CHAIR ORIENT, AND I DO NOT CONCUR.
UH, YOU DO HAVE THE ABILITY TO APPEAL THE CITY COUNCIL.
SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
OKAY, SO FOR CITY COUNCIL, THEY'LL GIMME THE INFORMATION, RIGHT? THANK YOU.
GOOD AFTERNOON, BO O 8 24 1 0 3 0 0 2 1 9.
ADDRESS IS 10 11 WISEMAN STREET COUNCIL.
DISTRICT ONE APPLICANT IS JOSE GALLEGOS.
A REQUEST FOR ONE, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INSIDE SETBACK AND TWO AND NINE FOOT SIX INCH VARIANCE FROM THE MINIMUM 12 FOOT, SIX INCH ROW SETBACK TO ALLOW A THREE FOOT REAR SETBACK.
THE SUBJECT PROPERTY IS LOCATED ALONG WEISMAN STREET, EAST OF WEST AVENUE, LOCATED WITHIN THE NORTH CENTRAL NEIGHBORHOOD ASSOCIATION.
THE PROPERTY OWNER HAD ADDITIONS CONSTRUCTED TO THE HOME WITHOUT PERMIT IN VIOLATION OF SETBACKS SOMETIME AFTER AUGUST, 2022 PER STREET PHOTOGRAPHY.
UPON CODE ENFORCEMENT ORDER, THE PROPERTY OWNER OR CONTRACTOR WENT TO GET PERMITS.
UPON REVIEW, THE APPLICANT TURNED IN A SIDE PLAN WITH SETBACKS OF THREE, THREE FEET, THREE FEET FOR THE REAR, AND ONE FEET FOR THE SIDE.
SCOPE OF WORK WITHIN THE APPLICATION, STATED SETBACKS MUST COMPLY WITH UDC STANDARDS.
HOWEVER, THE SETBACKS INDICATED ON THE SITE PLAN WAS MISSED BY DEVELOPMENT SERVICES STAFF.
IN FEBRUARY OF 2023 PER TO SURVEY, A 15 FOOT ALLEY EXISTS IN THE REAR OF THE PROPERTY, WHICH REDUCES THE REAR FROM BACK FROM 20 FEET OF 12 FEET, SIX INCHES.
THIS IS THE SITE PLAN FOR THE VARIANCES ADDITIONAL SITE PLAN.
AND THIS IS THE SUBJECT PROPERTY.
ADDITIONAL PHOTOS OF THE SUBJECT PROPERTY, THE SITE SETBACK MEASUREMENT FOR THE SITE SETBACK FROM THE, UH, REAR OF THE PROPERTY AND FROM THE INSIDE OF THE BACKYARD SHOWING THE ADDITION.
AND IT'S JUST A GENERAL REVIEW OF THE FRONT FROM THE FRONT SHOWING THE ADDITION.
AND THIS IS THE HOUSE NEXT DOOR, NEIGHBOR'S SURROUNDING AREA, STAFF RECOMMENDATIONS, SITE AND REAR SETBACK VARIANCES.
STAFF RECOMMENDS DENIAL MBO 8 24 1 0 3 0 0 2 0 9 BASED ON THE FOLLOWING FINDINGS, INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE.
AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
NOTIFICATION PLANS, STAFF MAILED OUT 34 NOTICES.
11, RETURN IN FAVOR, ZERO IN OPPOSITION.
AND NORTH CENTRAL NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
AND HERE IS THE, UH, PETITION.
THE NEIGHBOR WENT AROUND GETTING SIGNATURES FROM THE SURROUNDING NEIGHBORS.
AND THEN ONE OTHER ADDITIONAL, AND THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS
[00:50:01]
AVAILABLE.ALRIGHT, MANANA, COMMISSIONER MANANA.
SO ON CASE SUMMARY, THIRD BULLET POINT, IT SAYS THAT, UM, THE, UH, DSD MISSED, I GUESS THE SETBACK.
SO, SO, SO IT WAS SUBMITTED PROPERLY, BUT DSC MISSED, UH, THAT, THAT SETBACK DIALOGUE, AND THEN IT WAS APPROVED, AND THEN THE, THE APPLICANT MOVED FORWARD, CORRECT? YES, SIR.
OH, ALSO I FORGOT TO MENTION ON THE LAST, UH, SLIDES WAS THE EASEMENT THAT THE BOARD ASKED THAT HE GO GET THEIR EASEMENT AGREEMENT.
I KNOW THIS WAS A CONTINUED, UM, SO THAT'S THE EASEMENT AGREEMENT THAT Y'ALL HAD ASKED HIM TO GET, SO HE CAN EXPLAIN HE'S COMING UP WITH THE APPLICANT.
CAN YOU GO BACK TO THE FIRST PAGE OF THE EASEMENT PLEASE? ALL RIGHT, THANK YOU.
LET'S HAVE THE APPLICANT COME FORWARD AND SURE.
TELL US WHAT'S CHANGED SINCE THE FIRST TIME WE HEARD THIS CASE.
WELL, WHAT'S, WHAT'S DIFFERENT NOW? WE, WE UNDERSTAND THAT YOU'RE, YOU DON'T NEED TO BE ONE INCH AWAY.
YOU NEED TO BE 11 INCHES AWAY AND YOU GOT AN EASEMENT AND A LOT OF SUPPORT, UH, AT THIS POINT.
UH,
YOU KNOW, I THINK THAT WE'VE COMPLIED WITH EVERYTHING THAT THE COMMISSION HAS REQUESTED, UH, AS WAS INDICATED, UH, THE ORIGINAL, UM, ISSUE WAS AS A RESULT OF STAFF MISSING, UH, THE SUBMISSION.
UH, HE CAME, UH, AGAIN, IN, IN HIS ATTEMPT TO BE IN COMPLIANCE AND TO OBTAIN, UH, ALL THE REQUIRED PERMITS.
UH, AND, UH, THEY HAD APPROVED THE, UH, APPLICATION FOR THE CONSTRUCTION.
AND, UH, AND THEN, UH, SINCE HE WAS DOING THE WORK HIMSELF, UH, HE EXTENDED, UH, THE TIME ALLOWED FOR THE CONSTRUCTION, CAME BACK TO ASK FOR A CONTINUANCE OF THE APPLICATION.
AND AT THAT TIME, I THINK IS WHEN STAFF, UH, CITY STAFF, UH, CAUGHT THE FACT THAT, UH, IT HAD, UH, EXCEEDED AND HAD IN FACT, UH, WAS IMPEDING ON THE SETBACK REQUIREMENTS.
SO, UH, AT THAT TIME, WE APPLIED FOR A VARIANCE.
AND, UH, WE'VE GOTTEN TOGETHER WITH OUR NEIGHBORS.
UH, WE'VE DONE ALL OUR DUE DILIGENCE AND WHAT IS REQUIRED, UH, AND REQUESTED OF NOT ONLY THE COMMISSION, BUT UH, WHAT WE FEEL IS IN, UH, THE BEST INTEREST OF COMMUNITY SAFETY.
UH, UH, I'D LIKE TO NOTE THAT, UH, FOR THE RECORD, ONCE, UH, THERE WAS AN ISSUE, WE WENT AHEAD AND BACK.
WENT BACK, UH, THE PROPERTY OWNER, UH, REMOVED THE, UM, UH, THE EXISTING SIGHTING AND INSTALLED, UH, FIRE RATED, UH, UH, WALLS AS WELL.
UH, THE VERY FIRST TIME THAT WE CAME TO THE HEARING, IT WAS REQUESTED THAT POSSIBLY SOME, UH, UH, SOME GUTTERS BE INSTALLED.
WE WENT AHEAD AND INSTALLED THE GUTTERS.
UM, AND THEN, UH, THERE WAS AN ISSUE OF THE OWNER, UH, PROPERTY OWNER, UH, TO THE EAST, UH, WHO HAS BEEN IN SUPPORT OF THE APPLICATION FROM DAY ONE.
UH, WE PROVIDED A NOTARIZED LETTER SAYING THAT SHE WAS IN SUPPORT.
I HAD NO PROBLEM WITH, UH, THE APPLICANT GOING INTO HER PROPERTY IN THE EVENT THAT THEY, UH, NEEDED TO ADDRESS SOME MAINTENANCE ISSUE, UH, ON THE SUBJECT PROPERTY, UH, AS WAS NOTED, UH, AT THAT TIME THEN THE COMMISSION REQUESTED
[00:55:01]
A, UH, UH, A PROPERTY EASEMENT AGREEMENT BE FILED, DULY FILED WITH THE COUNTY, AND, UH, WHICH WAS, UH, PRETTY, UH, CHALLENGING, UH, BUT WAS PROVIDED, WAS OBTAINED AND PROVIDED, AND WAS DULY FILED.UH, YOU KNOW, THE PROPERTY OWNER WILL BE SPEAKING, UH, IN JUST AMENDMENT, AND HE'D LIKE TO, TO STATE HIS FRUSTRATION.
AND, AND, UH, WITH THIS, UM, UH, APPLICATION, AGAIN, I THINK THAT, UH, THE APPLICANT OR THE PROPERTY OWNER, UH, HAS BEEN DOING EVERYTHING WITHIN HIS POWER TO, TO BE IN COMPLIANCE.
THIS IS A, UH, HOMEOWNER WHO, UH, IS A HARDWORKING, UH, FAMILY MAN WHO HAS A GROWING FAMILY AND AS A RESULT OF THE GROWING FAMILY DECIDED TO MAKE AN ADDITION TO HIS PROPERTY.
HE WAS NOT AWARE, AND CERTAINLY THERE'S IGNORANCE IS NOT, UH, AN EXCUSE, BUT I OFFERED AS AN EXPLANATION, UH, FOR WHY HE NEEDS THE, UH, THE ADDITIONAL SPACE.
BUT, UH, AGAIN, THE PROPERTY OWNER SEEMS TO FEEL THAT, THAT HE'S BEING SINGLED OUT.
I'VE TRIED TO ASSURE HIM THAT, UH, THERE'S, UH, ORDINANCES THAT MUST BE FOLLOWED AND RULES THAT MUST BE FOLLOWED.
AND HE'S TRIED TO DO THAT SINCE, UH, IT, IT WAS BROUGHT TO HIS ATTENTION.
UH, WE CERTAINLY DON'T FEEL THAT IT IS, UM, WHAT CREATED AN ADVERSE EFFECT TO THE COMMUNITY OR THE ADJOINING PROPERTY OWNERS.
UM, AND, UH, UH, WE'VE DONE, UH, EVERYTHING WITHIN OUR POWER TO BE PROACTIVE AND MEETING WITH THE COMMUNITY RESIDENTS AND, UH, WHO ALL ARE IN SUPPORT.
AS YOU SAW, THEY SIGNED A PETITION.
THERE'S NO OPPOSITION, NO OPPOSITION WHATSOEVER TO OUR APPLICATION.
UH, SO, UH, WE PRAY THAT, UM, THAT YOU GRANT THE APPLICATION.
AND ON A PERSONAL NOTE, I WOULD LIKE TO THANK THE COMMISSION FOR, UH, GRANTING A CONTINUANCE.
AS YOU RECALL, UH, WE WERE SCHEDULED, UH, A MONTH AGO.
UH, I HAD, UH, THE FORTUNE TO BE CALLED TO JURY DUTY AND SERVED ON JURY DUTY, UH, FOR TWO WEEKS.
UH, SO THANK YOU FOR GRANTING THAT CONTINUANCE.
WE'VE BEEN HERE BEFORE, UH, MR. CHAIRMAN, MEMBERS OF THE COMMISSION, UM, CERTAINLY, UH, HOPES AND PRAYS THAT, UH, THE APPLICATION WILL BE GRANTED HERE TODAY.
YOU WILL BE HEARING FROM THE PROPERTY OWNER.
CAN YOU BRING THE SECOND PAGE OF THE EASEMENT? I WANTED TO JUST TO READ IT.
SO, AND ACTUALLY I WAS GONNA ASK FOR ANOTHER PICTURE TOO, SO, SO JUST TRYING TO UNDERSTAND.
UM, SO, SO ONE OF THE THINGS THAT WE TRY TO WORK THROUGH IS, IS RIGHT SIZING.
MAKE SURE THAT, YOU KNOW, WE'RE GRANTING REALLY WHAT IS REQUIRED AND MAKING SURE THAT WE AREN'T SHORT CHANGING IT OR GIVING MORE THAN WHAT'S NEEDED.
AND SO, SO AS WE KINDA GO THROUGH THIS DIALOGUE, AND SO, SO IF THE CITY BRINGS UP THE PICTURE THAT SHOWS THE, THE TWO TAPE MEASURES, UM, WHICH I BELIEVE IS ON THE CUR, ON THE, ON THE SIDE, THAT ON THE SIDE SETTING THAT SHOWS A THREE INCH MARK AND THEN THE 14 INCH MARK RIGHT UNDERNEATH IT.
SO CAN, YEAH, CAN YOU, CAN YOU SHOW THAT PICTURE? SO I JUST WANNA VERIFY WHAT THOSE TWO IMAGES ARE, AND I BELIEVE THE FIRST PICTURE, IF I'M, YOU KNOW, IF I ASSUME THE FIRST PICTURE IS THE EAVES, UH, OF WHAT THE EAVE IS, AND THEN SECOND PICTURE RIGHT UNDERNEATH THAT ONE IS THE DISTANCE TO THE FENCE PROPERTY LINE ITSELF.
WOULD THAT BE A CORRECT ASSUMPTION? AND WE COULD ASK THE APPLICANT, YOU KNOW, AS WELL.
SO, SO, SO REALLY, SO RIGHT NOW THE REQUEST WAS FOR ONE INCH, BUT, BUT AS WAS STATED EARLIER, IT REALLY IS THAT YOU JUST NEED 11 INCHES, UH, 11 INCH VARIANCE.
UM, 'CAUSE THAT WOULD SATISFY THE REQUIREMENT WITH THE EVE AND, AND THE OVERHEAD.
AND SO JUST TRYING TO, YOU KNOW, WE WANNA RIGHT SIZE IT.
UM, AND SO THAT'S WHAT I WANTED TO VERIFY WITH THE CITY, AND THEN ALSO THE APPLICANT CAN CONFIRM THAT AS WELL.
UH, SO IN THE, UH, BRIEF TIME I LOOKED AT THE EASEMENT, I, I JUST, IT LOOKED LIKE IT WAS GRANTING THE USE OF, OF A 10 FOOT SECTION ALONG, ALONG THE WEST SIDE OF THE NEIGHBORS AND IT'S BEING USED FOR A ROAD OR SOMETHING, OR DEDICATION OF A ROAD TO THE CITY.
WHAT, WHAT DOES ITEM GO TO THE PAGE BEFORE THAT? YEAH, RIGHT HERE.
WHAT, WHAT IS, I'M TRYING TO WRAP MY HEAD AROUND WHY IT'S LISTING TO GIVE A, HE GIVE THE EASEMENT.
YEAH, HE, HE RESERVES LIKE TO DEDICATE TO THE USE OF THE CITY AS A PUBLIC ROAD
[01:00:01]
OR AN ALLEY.HE JUST WANTS THE RIGHT TO DO ANYTHING WITH HIS LAND THAT HE NEEDS TO, BUT STILL PROVIDE THE EASEMENT.
I JUST WAS TRYING TO FIGURE OUT WHY, YOU KNOW, 'CAUSE HE HAS A HOUSE ON THE WEST 10 FEET.
I MEAN, WHY, WHY DID, UH, IT'S, IT'S, IT'S PROBABLY BOILER LANGUAGE, BUT OKAY.
IT'S, IT'S THE LAND OWNER, THE RIGHT TO USE AND, AND ENJOY THE PROPERTY.
AND, AND THAT WAS THE SPIRIT, UH, OF, UH, THE, UH, THE EASEMENT AGREEMENT WAS THAT'S FINE.
I WAS TRYING TO FIGURE OUT LIKE, WHY WAS IT SO LONG? WELL, THAT'S JUST A VERBIAGE.
UH, WELL I'M NOT AN ATTORNEY SO I, SO THE GIVER DOESN'T, DON'T WANNA SPEAK, GIVE RIGHTS OF THEIR ENJOYMENT OF THE PROPERTY.
SO, UM, IS THERE ANY QUESTIONS FROM THE COMMISSION? HEARING NONE.
IS THERE ANY, WE DO HAVE THE, THE, UH, PROPERTY OWNER DO I BELIEVE WISHING TO SPEAK IF YOU WILL ALLOW HIM, TELL HIM TO COME ON UP AND STAFF, THERE'S NO VOICEMAILS OR ANYTHING ON THIS, IS THERE NO PUBLIC COMMENT.
UH, FOR THE RECORD, UH, MR. CHAIRMAN, THERE WAS, UH, TWO VOICEMAILS IN SUPPORT AT THE LAST HEARING THAT WE HAD AND, UH, WE HEARD HIM NOT FOR THIS ONE.
HI, HOW ARE YOU? GOOD AFTERNOON.
I'M THE PROPERTY OF OF 10 11 WESTMAN.
UM, WE'VE BEEN TRYING TO FINISH THIS CONSTRUCTION FOR A LONG TIME.
THE MISTAKE WAS THAT WE STARTED WITHOUT THE PERMITS, THEN I WENT TO SOLICIT THE PERMITS AND THEY GAVE IT TO US.
SO THE CONTRACTORS DENIED TO DO SOMETHING ABOUT IT.
THEY TOLD ME THAT I SHOULDN'T HAVE DONE THAT.
THEN WHEN WE CAME BACK OVER HERE, THEY NOTICED THAT THEY MADE A MISTAKE AND THEY SHOULD HAVE, THEY SHOULDN'T HAVE ISSUED ME THOSE PERMITS.
THAT'S WHY WE NEEDED MORE SPACE.
UM, I'M HERE FOR ANY QUESTIONS.
MR. MANNA, THE MAJORITY OF THIS SPACE IS, KIND OF LOOKS LIKE IT'S AN OPEN AREA, CABANA OR COVERED PATIO ENVIRONMENT.
IS THAT TRUE? WHERE YOU SEE THE WINDOW OPENINGS, THAT'S AN OPEN SPACE.
THE WHERE, WHERE YOU CANNOT SEE OVER HERE IS A STORAGE MANANA.
UM, SO THERE'S TWO TAPE MEASURES.
ONE IS THREE INCHES THAT SHOWS I BELIEVE THE OVERHANG, UM, ON THE SIDE.
AND THEN THE SECOND TAPE MEASURE SHOWS 14 INCHES FROM THE FENCE.
SO IS THE WHOLE STRUCTURE 14 INCHES AWAY FROM THE FENCE?
[01:05:05]
UHHUHAND, UH, 14 INCHES IS FOR THE REST OF THE HALLWAY IN THAT SPACE.
UH, ON THAT SIDE WE HAVE ONE OF THE BEDROOMS AND THE MASTER BEDROOMS. SO WE ADDED TWO MORE, UH, ON THAT SPACE.
THAT CLOSED THE, THE, THE SETBACK.
UH, WE ADDED TWO BATHROOMS. ONE FOR THE BOYS AND ONE FOR THE GIRLS.
YEAH, WE JUST WANTED TO CLARIFY THAT.
11 INCHES, I THINK IS ALL YOU, ALL YOU NEED.
YOU DON'T NEED ONE INCH, 11 INCHES IS, WE'LL DO IT.
I YOU NEED 11 INCHES OF WHAT? I DON'T UNDERSTAND.
SO THE, THE, THIS WAS ORIGINALLY ADVERTISED THAT YOUR STRUCTURE WAS ONE INCH AWAY FROM THE PROPERTY.
BUT IT LOOKS LIKE IT'S 11 INCHES AWAY.
MAYBE WE DO 10 INCHES JUST TO PIECE.
ALRIGHT, UH, THERE'S ANY OTHER QUESTIONS? ALRIGHT, HEARING NONE.
AND, UH, REAL QUICK JUST TO, I THINK WE MENTIONED THIS THE FIRST TIME WE HAD THIS, UH, ITEM.
UM, SO THIS ORIGINAL PERMIT THAT WAS APPROVED, UM, IT WAS APPROVED WITH, ITS SAYING THAT THEY HAD TO MEET THE CURRENT SETBACKS.
THE PART THAT WAS MISSED IS BECAUSE THE INCH LOOKED LIKE A ONE.
SO IT LOOKED LIKE 11 UM, FEET, BUT IT WAS REALLY ONE FOOT OKAY.
THE WAY IT WAS WRITTEN ON THEIR SITE PLAN.
SO THAT WAS WHAT WAS THE ORIGINAL CAUSE OF THAT.
COMMISSIONER MANNA OR A ZUNA, I'M SORRY OR, OKAY.
MR. YOUR MAN, REGARDING CASE NUMBER BO 8 2 4 1 0 3 0 0 2 1 9, I MOVED THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A, UH, FOUR FOOT, UM, TWO TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK TO ALLOW A 11 OR 10 INCH SIDE SETBACK AND TWO, A 17 INCH VARIANCE FROM THE MINIMUM 20 FOOT OR 17 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A THREE FOOT REAR SETBACK SITUATED AT 1 0 1 1 WISEMAN STREET.
APPLICANT BEING, UH, JOSE GALLEGOS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A OR ONE THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
DECIDED REAR SETBACK VARIANCES ARE NOT CONTRARY TO PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE SIDE AND REAR SETBACK ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD LOSE LIVING SPACE AND WOULD NEED TO DECONSTRUCT THE HOME.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED SIDE AND REAR VARIANCE SETBACK VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS AS WELL AS FOR MAINTENANCE OF THE STRUCTURES.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, 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 FORMING PROPERTY OR ALTER THE ESSENTIAL CARE OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS THAT THE SIDE AND REAR SETBACK VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS SUFFICIENT SPACE WILL REMAIN FOR MAINTENANCE OF THE ADDITION.
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 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 UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY FOR THE SIDE AND WHERE SETBACK FRANCIS, UM, IS EXISTING HOMES POSITION RELATIVE TO THE LOT SETBACKS AND A MOTION.
SECOND BY COMMISSIONER, COMMISSIONER MANNA.
SO, SO YES, I'LL BE IN SUPPORT OF THIS, UH, FOR A COUPLE REASONS.
[01:10:01]
IT, YOU KNOW, IT'S GREAT HAVING A DIALOGUE OF, YOU KNOW, WE'RE TRYING TO PROTECT THE COMMUNITY, NEIGHBORS AND EVERYBODY ELSE.AND SO THE APPLICANT HAS, HAS MADE A LOT OF, UM, CONCESSIONS AND, AND DONE A LOT OF THINGS TO ENSURE, UH, UH, THAT YOU KNOW, THAT HE IS, UM, BEING A SAFE NEIGHBOR.
UM, AND THEN SECOND, YOU KNOW, HE GOT THE COMMUNITY ENGAGED WITH IT AND SO, SO, UM, AND AND SPECIFICALLY THE NEIGHBOR THAT, UH, BUTTS THIS PROPERTY THAT'S MOST IMPACTED BY THAT.
AND UM, SO NORMALLY WE DON'T, YOU KNOW, WE LOOK FOR A LOT MORE SPACE BETWEEN THOSE PROPERTIES, BUT, BUT FOR THOSE REASONS, UM, I'LL BE VOTING IN FAVOR OF THIS.
COMMISSIONER ZUNA, YES, I'M SUPPORTING AS WELL.
UH, IT'S A COMBINATION OF EFFECTS HERE WITH THE CITY ERROR IN KIND OF RE MISREADING WHAT THE APPLICANT PUT DOWN ON THE A APPLICATIONS.
BUT WE ASK THE APPLICANT TO, TO UM, SEEK THE EASEMENTS TO GET COMMUNITY, UH, NEIGHBORING SUPPORT.
SO, YOU KNOW, I FEEL REASSURANCE THAT HE'LL BE ABLE TO MAINTAIN THE STRUCTURE.
UM, IT WILL BE SUBJECT TO ALL CITY PERMITS, INCLUDING THE FIRE RATING AND UH, AND FOR THOSE REASONS I'M SUPPORTING THE MOTION AS RED.
ANYONE ELSE LIKE TO ADD HEARING NONE US HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER BOEZ? YES, I CONCUR.
CHAIR OR, AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
ALL RIGHT, ITEM NUMBER THREE, BO OA 25 1 0 3 0 0 0 0 4.
ADDRESS IS 3 0 6 SOUTH GENERAL MCMULLEN AND 45 38 AND 45 34 MONTEREY STREET COUNCIL DISTRICT FIVE APPLICANT IS ELIA AL MENEZ.
A FENCE MATERIAL VARI, UH, EXCUSE ME, REQUEST ONE A FENCE MATERIAL VARIANCE TO ALLOW CORRUGATED METAL FENCING.
TWO, A FOUR FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT HEIGHT TO ALLOW A SEVEN FOOT PRIVACY FENCE ALONG THE FRONT YARD OF THE LOTS FACING MONTEREY STREET.
AND THREE, A ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A SEVEN FOOT PRIVACY FENCE ALONG THE SIDE AND REAR YARD OF THE EASTERNMOST LOT ZONING.
A C3 R THE SUBJECT PROPERTY IS LOCATED ALONG SOUTH GENERAL MCMULLEN AND MONTEREY STREET, SOUTHWEST COMMERCE STREET.
LOCATED WITHIN THE LOS PALMAS NEIGHBORHOOD ASSOCIATION.
APPLICANT HAD A FENCE CONSTRUCTED WITHOUT A PERMIT AND RECEIVED A VIOLATION NOTICE FROM CODE ENFORCEMENT IN DECEMBER OF 2024.
THE FENCE IS A CORRUGATED METAL FENCE SURROUNDING THE REAR AND SIDE YARDS MEASURING SEVEN FEET.
THE PROPERTY CONSISTS OF A CONCRETE LOT AND A GARAGE STRUCTURE.
THE APPLICANT WILL NOT BE DOING COMMERCIAL ACTIVITIES ON THE RESIDENTIAL PORTION OF THE LOT WHERE A PORTION OF THE FENCE HEIGHT SPECIAL EXCEPTION IS NEEDED AND IT IS CONSIDERED VACANT.
A SINGLE FAMILY USE LOT ABUTTING.
A COMMERCIAL LOT IS PERMITTED AN EIGHT FOOT FENCE ON THE SIDE AND REAR.
HOWEVER, THIS DOES NOT APPLY TO A VACANT RESIDENTIAL LOT.
THIS IS THE SITE PLAN OF SHOWING ALL THREE PROPERTIES.
THIS IS THE SUBJECT PROPERTY OFF OF SOUTH GENERAL MCMULLIN.
THIS IS THE FENCE MEASUREMENT.
THIS IS ON THE SIDE STREET, MONTEREY STREET AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FENCE, MATERIAL VARIANCE AND THE FENCE HEIGHT.
SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BOA 1 0 3 0 0 4 BASED ON THE FOLLOWING FINDINGS, SECURITY CAN BE PROVIDED ON A LOT BY NON FENCE MATERIAL AND THE USE OF CORRUGATED METAL DOES NOT APPEAR TO PROVIDE ANY ADDED SECURITY TO THE PROPERTY IS A BUDDING SINGLE FAMILY DWELLINGS TO THE SOUTH AND NORTH AND THE INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT THE NEIGHBORHOOD LOOK AND CHARACTER.
AND THREE, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF RECOMMENDATION IN THE FENCE HEIGHT STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS.
THE FENCE SITE SPECIAL EXCEPTION BEING REQUESTED IS LOCATED ON THE VACANT RESIDENTIAL ZONE PORTION OF THE LOT WHERE NO OTHER PROPERTIES, INCLUDING VACANT ONES IN THE IMMEDIATE AREA, EXCEEDED UDC GUIDELINES ON FENCE HEIGHTS.
THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
NOTIFICATION PLAN STAFF MAILED OUT 39 NOTICES.
THREE IN FAVOR FOR THE FENCE MATERIAL, ONE IN FAVOR OUTSIDE OF 200 FEET AND OPPOSITION WAS ZERO AND NO RESPONSE FROM THE LAS BAAS NEIGHBORHOOD ASSOCIATION.
[01:15:01]
AND THESE ARE SOME OF THE RESPONSES THAT WERE RECEIVED.AND THIS CONCLUDES STAFF'S PRESENTATION.
APPLICANT IS AVAILABLE, WE'LL NEED A TRANSLATOR AS WELL.
SO HAVE THE A MANNA COMMISSIONER MANNA.
SO, SO, UM, THIS WAS, UM, POSTPONED FOR, UM, A BIT AND IT WAS POSTPONED BECAUSE THERE WAS QUESTIONS WITH REGARDS TO THE SIDE PROPERTY LINE OR THE BACK PROPERTY LINE, I GUESS RIGHT.
FOR THE ADDITIONAL PROPERTY ON MONTEREY STREET.
AND SO, SO UM, SO NOW THIS IS COVERED.
AND SO BASICALLY, UM, ALL THAT'S RESOLVED, I GUESS SO BECAUSE WE INCLUDED THE SECOND PIECE OF THE PROPERTY, CORRECT? YES, SIR, THAT'S CORRECT.
AS YOU MAY RECALL, WHEN THE APPLICANT CAME TO THE PODIUM THAT DAY, THEY NOTED THAT THEY WERE ALSO INCLUDING THE OTHER, THE ADJACENT PROPERTY.
SO AND, AND DO THEY OWN BOTH PROPERTIES OR ALL THREE PROPERTIES? I GUESS THERE'S THREE PROPERTIES THERE.
SO, SO IT'S TWO SEPARATE ROWS GONNA COME WITH ONE CASE I GUESS REPRESENTING SO THE OTHER PERSON CAN REPRESENT HIM.
ALL RIGHT, SO THE APPLICANT COME FORWARD.
UM, VALERIE, AND THIS IS MR. HERMAN OLIVA, UH, ARMANDAREZ.
UH, I SEE THAT Y'ALL ADJUSTED WHERE WE WERE TRYING TO TELL Y'ALL THAT THAT'S WHERE WE PUT THE FENCE UP.
UM, I DON'T KNOW IF WE'RE STILL IN THE, I HAVE TO RE-EXPLAIN OR, UH, DOES ANYBODY IN THE COMMISSION UM, HAVE ANY QUESTIONS? WE'LL DO IT THAT WAY BECAUSE I, I, I DON'T KNOW WHO WASN'T HERE OR, OKAY, SO IT LOOKS LIKE WE'RE ALL FAMILIAR
UH, IS THERE ANY ADDITIONAL INFORMATION, ANYTHING HAPPENED SINCE THE LAST TIME YOU Y'ALL WERE HERE? UM, NOT THAT I AWARE THAT THERE'S ANY OTHER ISSUE.
I MEAN TO US WE FEEL LIKE THE FENCE HAS HELPED US 'CAUSE WE HAVEN'T HAD ANY, UM, OTHER PEOPLE COME TO US AND TELL US THAT THEY HAVE A PROBLEM WITH THE FENCE OR BASICALLY IT WAS MORE BECAUSE THE HOMELESS WERE WALKING PAST AND DOING ALL THEIR STUFF.
SO, UH, WE HAVEN'T HEARD ANY INFORMATION ABOUT THEM HAVING A PROBLEM WITH THAT.
ONE THING I WILL ADD IS THAT IT IS VERY COMMON FOR THIS COMMISSION TO, UM, UH, TO SEE THESE SORT OF FENCES WITH A CAP ON THE TOP OF IT INSTEAD OF IT BEING AN EXPOSED, UH, METAL.
UH, IS THERE ANY, ANY PLANS TO PUT ANYTHING ON TOP TO COVER UP THE EXPOSED METAL EDGES? OH, OH YEAH.
SO WHAT, YES, WE ARE TWO DIFFERENT OWNERS FROM THERE.
UM, BUT WHAT, UM, MR. EVA IS TRYING TO SAY THAT THERE IN THE FUTURE HE DOES WANNA FINISH UP BECAUSE WE STOPPED BECAUSE WE GOT THE VIOLATION, WHICH I HAD, UH, MENTIONED BEFORE THAT WE TRIED TO GO AND PAY AND IT'S STILL NOT IN THE SYSTEM.
UM, BUT WE ALSO, UM, NEED TO FINISH OFF THAT FENCE AND THE PROPERTY TO FINISH THE PROPERTY LINES IN BETWEEN.
SO ARE YOU, ARE YOU AMENDING THE APPLICATION TO INCLUDE A CAP ON THE TOP OF THE CORRUGATED METAL MATERIAL? OKAY.
UM, HE HAS TO SPEAK TO THE, THE FIRST PART THAT HE WAS SURROUNDING RIGHT HERE, RIGHT HERE THAT BELONGS TO HER.
AND ALL OF THESE THAT BELONGS TO ME.
BUT THERE'S AN L WE HAVE TO MAKE SURE THAT WHENEVER SOMEBODY SPEAKS IT'S, IT'S IN THE MICROPHONE 'CAUSE WE'RE RECORDING IT.
SHE SAID THAT THERE'S AN A LETTER L LIKE IN SHAPE.
OH, WE, WE CAN SEE THAT FROM THE PLANS THAT WE JUST WANNA MAKE SURE EVERYONE'S SPEAKING IN THE MICROPHONE.
SO IS THERE, IS THERE A, UH, AN AMENDMENT TO THE APPLICATION TO INCLUDE A CAP OR, OR IS IT GONNA BE AS IS? OKAY.
WHAT DO YOU, WHAT DO YOU MEAN ON AN AMENDMENT
[01:20:01]
OKAY.BUT WE ALSO, UM, HAVE A HISTORY OF WHENEVER WE SEE CORRUGATED METAL, THERE'S USUALLY SOME SORT OF SMALL CAP ON THE TOP TO PROTECT THE SHARPER METAL EDGES FROM BEING EXPOSED.
AND SO WE WERE JUST WONDERING, SINCE YOU'RE NOT DONE WITH THE FENCE YET, IS THERE A PLAN TO PUT A CAP ON THE FENCE? UH, THE SECOND CAN YOU ALLOW ME YES, THERE'S A CAP ON TOP OF IT THAT FALLS DOWN IN CASE SOMEBODY LIKE JUMP OVER THE FENCE.
SO THE, THE PLAN IS TO INCLUDE A CAP.
ALRIGHT, THANK YOU VERY MUCH FOR CLARIFYING.
IS THERE ANY QUESTIONS FROM THE COMMISSION? MANA COMMISSIONER MANNA? SO CAN STAFF, UH, GO ON GOOGLE AND UM, PULL UP ONTO I GUESS MONTEREY? AND SO I JUST WANNA GET SOME PROPERTY LINES HERE.
SO, UM, SO WE HAVE THE FIRST DRIVEWAY THERE.
UM, SO WHOSE PROPERTY IS THAT? IT'S HERS.
AND THEN FOR THE, FOR HERS
I'M SORRY THAT THAT ONE IS MINE.
YEAH, I THINK THE HOUSE IS DEMOLISHED THAT YOU, OKAY, SO THE SECOND ONE, SO I WAS GONNA, SO IT HAS A DEMOLISHED HOUSE ON IT.
IS THE PLAN TO PUT A HOUSE BACK ON THAT LOCATION? NO, IN HERS, THEY WANT TO BUILD ONE, UH, FOR HIS, UH, THAT'S IN THE FUTURE.
THOSE ARE THE PLANS FOR THE FUTURE.
SO I GUESS A QUESTION THEN, UM, SO IF THIS IS AN ADDRESS FRONTING OFF OF, OF 45 38, UM, SO CLEAR VISION SLASH FENCE HEIGHTS FRONT YARD, UM, DOES THAT PRESENT? UM, YEAH, NO CLEAR VISION ISSUE, BUT OBVIOUSLY THE FRONT FENCE HEIGHT IS WHAT'S INCLUDED IN THE SPECIAL EXEMPTION.
SO, YOU KNOW, I GUESS I, SO, YOU KNOW, JUST WANNA CLARIFY TO THE, TO THE BOARD HERE THAT, YOU KNOW, YOU KNOW, THE BACK HALF IS RESIDENTIAL AND THEY'RE ASKING FOR A SEVEN FOOT HEIGHT TO THAT, UM, ON THE FRONT AND UM, YOU KNOW, ON FOR A FRONT YARD AND WE, YOU KNOW, SO SOMETIMES THAT'S LOOKED AT DIFFERENTLY.
AND THEN I GUESS ALONG THE FRONT SIDE OF THIS PROPERTY WOULD ALSO BE FOR WHERE THE HOME PLANS TO BE.
UH, YOU KNOW, GENERALLY THAT'S PART OF THIS DIALOGUE.
WITH REGARDS TO THE HEIGHT, FENCE HEIGHT? CORRECT.
WE'RE, WE HAVE THE STANDARD FOR A VACANT LOT RIGHT NOW BECAUSE THE APPLICANT INDICATED TO US THAT IT'S VACANT.
THERE IS NO PLANS TO BUILD A HOME RIGHT NOW.
BUT IF THIS, IF THEY DO BUILD A HOME, THEY WILL HAVE WHATEVER THE BOARD APPROVES RIGHT NOW AS A, AS A FENCE.
SO IF, IF THIS BOARD APPROVES THE APPLICATION THAT'S BEFORE US AND THEY COME IN AND BUILD A HOME, BECAUSE YOU HAVE A SEED ZONING WITH AN R FOUR ZONING, THEY WOULD HAVE TO KEEP THE HOME ON THE R FOUR PORTION, CORRECT? CORRECT.
YEAH, THEY CAN ONLY BUILD THE HOME IN THE R FOUR PORTION.
AND IF, IF THERE WAS ANY, UM, IS THERE ANYTHING THAT MAKES WHATEVER WE DO TODAY GO AWAY? LIKE IF THEY, IF THEY PURSUE A PLAT AND CHANGE THE LOT DIMENSIONS OF THE R FOUR SOMEHOW, DOES THAT CHANGE WHAT WE MAY OR MAY NOT PASS TODAY? THEY WOULD HAVE TO REZONE IF ANY CHANGES LIKE THAT'S GONNA, UM, THEY CAN RE PLAT, BUT THE PLAT WON'T GET APPROVED IF THEY'RE NOT ZONED CORRECTLY.
I MEAN, BECAUSE RIGHT NOW IT'S, IT'S KIND OF LIKE A, LIKE AN L KIND OF.
BUT IF THEY WERE SOMEHOW WOULD PLATTED AS A STRAIGHT RECTANGLE THAT RECT, SO IF THEY PLAT AS A STRAIGHT RECTANGLE IS THAT WOULD NOT BE APPROVED UNTIL A REZONING IS DONE BECAUSE WHATEVER RECTANGLE, WHETHER IT'S ON THE RESIDENTIAL OR COMMERCIAL SIDE, IT'S, IT HAS TO BE ONE OR THE OTHER.
IT WON'T, BUT, BUT IF ALL THAT HAPPENS, EVEN THOUGH WE'VE, IF WE APPROVE THE FENCE SITE THAT STAYS NO MATTER WHAT THEY DO.
AND IF THEY REZONE TO COMMERCIAL AT THAT POINT THEY WON'T NEED THE FENCE HEIGHT VARIANCE.
THEY WOULD JUST NEED THE, THE FENCE MATERIAL VARIANCE.
SO JUST, JUST TO CLARIFY TO THE APPLICANT, WE, WHAT
[01:25:01]
WE'RE TRYING TO GET TO THE BOTTOM OF IS THERE IS A PORTION OF THE BACK PART THAT IS ZONED R FOUR.IF YOU BUILD A HOME ON IT, YOU'RE GOING TO HAVE A TALL FENCE ALONG MONTEREY, WHICH ISN'T REALLY, UM, SOMETHING ALLOWED FOR A SINGLE FAMILY HOME.
IS THE INTENT TO BUILD A SINGLE FAMILY HOME ON THAT BACK RESIDENTIAL PART? YES.
LIKE IN THE FUTURE WE WANNA BUILD A HOME, BUT WE ARE AWARE THAT ON THAT GATE WE HAVE TO LOWER IT SO WE CAN HAVE CLEAR VISION IN THE FRONT.
SO, SO, UM, I'M STRUGGLING A LITTLE BIT FOR THAT SIDE FENCE ALONG MONTEREY.
AND SO THE QUESTION WOULD BE IF, UM, IF WE SAID, UM, NO ALONG THAT MONTEREY AND THEN BACK TO WHERE THE FRONT FACADE OF THE HOUSE WAS, BUT ALLOWING 70 FOOT SEVEN FOOT ALL THE WAY ALONG THE REST OF IT WOULD, I GUESS WHAT HARDSHIP WOULD THAT PRESENT TO YOU? UM, WOULD THAT, WOULD THAT BE OKAY FROM YOUR PERSPECTIVE? THE, WELL, WHAT STAFF CAN BRING UP THE MAP THAT SHOWS THE ZONING WITH THE BLUE LINE ON IT? OKAY.
SO WE'RE, WE'RE LOOKING AT POSSIBLY NOT GRANTING THE FENCE HEIGHT ALONG THE MONTEREY FRONTAGE BECAUSE OF THE SINGLE FAMILY HOME.
COULD YOU, COULD YOU REPEAT THAT? YEAH, SO THE BLUE LINE REPRESENTS WHERE THEY'RE ASKING FOR CORRUGATED METAL AND A, AND A HEIGHTENED FENCE HEIGHT.
BUT, BUT THE APPLICANT HAS SAID THAT IN THE FUTURE THEY'RE GOING TO BUILD A HOME WHERE IT HAS R FOUR RIGHT THERE.
AND THAT IF, YOU KNOW, WHEN YOU HAVE A HOME WITH THE DRIVEWAY GOING ONTO MONTEREY, HAVING A SEVEN FOOT TALL FENCE IS DIFFERENT THAN WHAT, THAN NOT HAVING A STRUCTURE THERE.
AND NOT THERE MAY, THERE MAY BE CONCERN FROM THE COMMISSION ABOUT ALLOWING SUCH A TALL FENCE IF THE INTENT IS TO HAVE A HOME AND A DRIVEWAY IF HE, IF HE CONSTRUCTS THERE, UH, IF HE CONSTRUCTS A HOME.
BUT SEE ONCE, SO THE, THE ISSUE, THE ISSUE IS, IS THAT IF WE VOTE TO APPROVE IT, IT'S FOREVER, YOU KNOW, WHETHER HE CHANGES IT OR NOT.
I MEAN, IT'S, HE CAN ALWAYS HAVE THAT TALL FENCE AND THAT'S OF CONCERN TO US.
DO I HAVE TO SPEAK TO THE
CAN YOU, CAN WE LOWER IT A LITTLE BIT? WELL, WE COULD JUST EXCLUDE THAT SECTION FROM THE MOTION ALTOGETHER.
PLUS 16 FEET FROM THE STREET PLUS 16 FEET FROM THE STREET.
IT LOOKS LIKE YOU'RE MAKING THIS MOTION.
IS THERE ANY OTHER QUESTIONS? YES, WHATEVER YOU SAY.
OKAY, THEN I GUESS WE'RE GOING TO, SINCE THERE'S NOBODY NO VOICEMAILS, RIGHT? NO ONE SIGNED TO SPEAK.
NO, NOTHING ELSE FROM THE COMMISSION.
COMMISSIONER MANNA, TAKE IT AWAY.
IN CASE NUMBER BO 8 2 5 1 0 3 0 0 0 0 4.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR FENCE MATERIAL TO ALLOW CORRUGATED METAL FENCE SITUATED, SITUATED AT 3 0 6 SOUTH GENERAL MCCULLUM MCMULLEN, I'M SORRY.
UM, 4 3 4 5 3 8 MON, UH, MONTEREY STREET AND 4 5 3 4 MONTEREY STREET.
[01:30:01]
UH, OLIVAS BECAUSE THE TESTIMONY PRESENTED TO US OH, OH, UM, TO BE, UH, 16 FEET FROM, UM, MONTEREY.SO, SO EXCLUDING THE FIRST 16 FEET, UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE DEFENSE MATERIAL WILL PROVIDE ADDITIONAL SECURITY AND PRIVACY FOR THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE FENCE MATERIAL ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED, WOULD NEED TO DISMANTLE AND REMOVE THE FENCE ON THE PROPERTY AND LOSE THE ADDITIONAL SECURITY AND PRIVACY AFFORDED BY THE FENCE.
THREE, BY GRANTING THE VARIANCE, THE 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 THE REQUESTED FENCE MATERIAL WILL PROVIDE ADDITIONAL SAFETY AND SECURITY FOR THE PROPERTY, FOR THE VARIANCE, WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS THAT THE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS THE FENCE MATERIAL IS IS NOT UNCHARACTERISTIC FOR THE AUTO REPAIR USAGE OF THE PROPERTY AND THE SURROUNDING PROPERTIES.
AS THE SURROUNDING PROPERTIES CONDUCT BUSINESS AS, UH, THE APPLY TO THE, UH, SIXTH APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTENCE, THIS PROPERTY IS NEED FOR ADDITIONAL, UH, SAFETY AND SECURITY THAT THE DEFENSE MATERIALS CAN PROVIDE.
AND A AND A MOTION IS THERE A SECOND? SECOND BACK.
ALL RIGHT, COMMISSIONER AMANDA.
SO, UM, YOU, SO, SO I I I AGREE WITH THE APPLICANT WITH REGARDS TO, UM, WITH THE PICTURES PROVIDED THAT IT DOES APPEAR THAT THIS PROPERTY, UM, CAN USE THE ADDITIONAL, UM, SECURITY, UH, UH, AS PROVIDED BY, UM, UM, THIS MATERIAL AND, AND THE HEIGHT.
UH, WE'LL TALK ABOUT THE HEIGHT IN A SECOND HERE.
UM, AND SO THE ONLY CHALLENGE I HAVE IS, IS THE LONG MONTEREY.
AND SO, SO, UM, SO I READ THE MOTION TO EXCLUDE, UH, THE FIRST ESSENTIALLY 26 FEET, UH, 10 FEET FOR THE CITY PROPERTY AND 16 FEET TO THE EXISTING FOUNDATION.
AND SO ESSENTIALLY, UM, EXCLUDING THAT PIECE, UM, ALL THE REST OF IT, YOU KNOW, I THINK IS FINE AND APPROPRIATE FOR THIS, UH, PARTICULAR MOTION.
UH, COMMISSIONER MANNA, DID YOUR MOTION INCLUDE OR OR REFERENCE TO THE CAP DISCUSSION THAT WE HAD? OH, AND, AND, UH, THANK YOU.
UM, AND THEN ALSO BECAUSE THE APPLICANT DID INCLUDE, UH, AMENDED THE MOTION TO INCLUDE A CAP ALL THE WAY AROUND FOR SAFETY FOR OUR COMMUNITY.
I CONCUR WITH, UH, MR MAN AND IT WILL BE A CHALLENGE TO THE O HOMEOWNERS, BUT I THINK THEY CAN DO IT.
ANY OF THE COMMISSIONERS LIKE TO ADD HEARING NONE.
LET HAVE ROLL CALL VOTE ON THE USE OF A CORRUGATED MEDAL.
COMMISSIONER MANUP, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH FINES OF FACT MOTION.
SHE, EXCUSE ME, THEY DIDN'T CALL ME.
UH, COMMISSIONER MR. EZ? I CONCUR.
UH, AND NOW ALSO HAVE A MOTION FOR THE DEFENSE.
SEE, HOLD ON A SECOND HERE, EVERYONE.
SO STAFF, IF SO, AS THIS IS READ, IF I EXCLUDE ONE, UM, THAT REMOVES THE DIALOGUE WITH REGARDS TO, UH, UH, MONTEREY AND THE, AND THE UP TO THE, THE EXISTING FOUNDATION, WOULD THAT BE CORRECT? NOT TO THE EXISTING FOUND.
IT DOES ELIMINATE ON MONTEREY, BUT IT DOES NOT, UM, ELIMINATE TO THE, UH, PREVIOUS FRONT YARD.
YOU WANT TO JUST ELIMINATE THE ENTIRE MONTEREY FRONTAGE.
BUT I GET BUT ON THE SIDE PROPERTY OF THAT
[01:35:01]
GOING 16 FOOT, SO THAT WOULD OH, SO, SO THAT'S WHERE I'M LOOKING TO, YOU KNOW, PUSH IT BACK 16 FEET.SO, AND SO I'LL, I'LL ADD THAT.
UM, WHY DON'T YOU JUST EXCLUDE MONTEREY WHERE IT'S OWNED R FOUR.
'CAUSE WE ARE ALLOWING IT FOR THE SIDE PROPERTY BEYOND, UM, THE 16 FOOT.
UM, SO, OKAY, SO THAT WHOLE PIECE THERE.
OKAY, THAT'S WAY I'M GONNA READ IT AND THEN WE CAN COME BACK AND TALK ABOUT IT.
SO REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 0 4, I MOVED THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR, UM, A SEVEN FOOT OR, OR YEAH, A ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT HEIGHT TO ALLOW A SEVEN FOOT PRIVACY FENCE ALONG THE SIDE, UM, AFTER 16 FEET FROM MONTEREY AND REAR YARD OF THE EAST, MOST EASTERN LOT SITUATED AT 3 0 6 SOUTH GENERAL MCMULLEN, UH, THREE FIVE, UH, 4 5 3 8 MONTEREY AND 4 5 3 4 MONTEREY BECAUSE THE APPLICANT, UH, HERMAN, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH AS LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT BE IN HARMONY WITH THE SPIRIT.
THE PURPOSE OF THE CHAPTER STAFF FINDS THAT THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS THE FRONT SIDE AND REAR YARD PRIVACY FENCE WILL PROVIDE ADDITIONAL SECURITY AND PRIVACY FOR THE EASTERN MOST LOT.
UM, B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS ADDITIONAL FENCE HEIGHT PROVIDES PRIVACY AND ADDITIONAL SECURITY TO THE SUBJECT PROPERTY AND ABUTTING PROPERTIES AND IS NOT UNCHARACTERISTIC FOR THE AREA C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE THE FENCE.
SPECIAL EXCEPTIONS APPEAR TO CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES AND IS LIMITED BEHIND THE FRONTAGE OF SOUTH, UH, GENERAL, UH, MCMULLEN AND, UM, AND PUSH BACK ALONG.
RE UM, UM, SO D THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE HEIGHT DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THIS DISTRICT AND LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THIS DISTRICT AS IT IS LIMITED TO SEVEN FOOT IN LENGTH OR IN HEIGHT ALONG THE, UM, SIDE AND REAR OF THE EASTERNMOST LOT.
AND WE'LL PROVIDE SECURITY FOR THE SUBJECT PROPERTY END OF MOTION, SECOND BY SECOND, SECOND BY COMMISSIONER CRUZ, COMMISSIONER MANNA S SO I EXCLUDED, YOU KNOW, SO, SO I'VE CONTINUED TO EXCLUDE THE, THE, UH, RESIDENTIAL PROPERTY WITH REGARDS TO HOW WE WOULD NORMALLY LOOK AT ZONING, UH, OR UH, PROVIDING FENCING FOR THAT.
AND UM, AND, AND, AND THAT SAID, YOU KNOW, THE APPLICANT CAN COME BACK AT A FUTURE DATE IF THEY ACTUALLY TRULY WANT TO HAVE THE SEVEN FOOT AND COMBINE THOSE TWO PROPERTIES TOGETHER TO KIND OF HAVE THAT DIALOGUE.
AND SO, SO, SO AS A DEFAULT, AS IT STILL IS A RESIDENTIAL, I WANTED TO EXCLUDE THAT.
OUTSIDE OF THAT I AM, UH, WILLING TO ACCEPT SEVEN FOOT ON THE REST OF THE PERIMETER.
SO JUST TO, UH, JUST TO CLARIFY, IT'S THE ENTIRE, THE SOUTH SIDE, THE BLUE LINE, THE EAST SIDE OF THE BLUE LINE, AND ALONG MONTEREY IT'S, IT'S EVERYTHING EXCEPT FOR THE, THE VACANT RESIDENTIAL LOT.
SO, UH, IT'S 16 FEET OF THE VACANT LOT, UH, 4 5, 3 4 COMING BACK FROM MONTEREY ON THE, ON THAT PICTURE ON THE, UM, EAST SIDE.
OKAY, SO EXCEPT FOR THE 16 FEET.
SO THAT WHOLE STRIP IS NOT THERE.
SO WHAT'S BEING POINTED TO? UM, SO, SO THE PART FRONTING MONTEREY IS EXCLUDED AND IT GOES 16 FEET BACK DOWN THERE, UM, ALONG THAT LINE OF BEING EXCLUDED AND THE REST OF IT IS BEING INCLUDED.
ALRIGHT, THANK YOU VERY MUCH FOR CLARIFYING.
THE ONLY QUESTION IS THOUGH, WE STILL NEED TO INCLUDE THAT IT HAS TO BE CAPPED.
UH, THAT WAS INCLUDED ON THE PREVIOUS, OKAY, THAT'S WHAT I WANNA MAKE SURE.
ANY OTHER COMMISSION YOU'D LIKE TO ADD? HEARING NONE, LET'S HAVE ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
[01:40:01]
I CONCUR.CHAIR WILLIAMS AND I CONCUR THE FINES OF FACT.
IF YOU HAVE ANY QUESTIONS OVER ALL THEIR DISCUSSIONS, PLEASE GET WITH STAFF AND THEY'LL, THEY'LL WALK YOU THROUGH IT.
ITEM NUMBER? OKAY, ITEM NUMBER FOUR, BO OA DASH TWO FIVE DASH 0 3 0 0 0 2 6.
ADDRESS IS 37 23 COLLIBRA ROAD COUNCIL DISTRICT SEVEN APPLICANT IRVING ALMAN, UH, REQUEST FOR A TWO FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FIVE FOOT PRIVACY FENCE IN THE FRONT YARD.
AND TWO, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE.
ZONING IS C3 NA SUBJECT PROPERTY IS LOCATED EAST OF CALLAHAN ROAD, SITUATED BETWEEN ROANOKE STREET AND MAIDEN LANE ALONG COLLIBRA ROAD.
ON DECEMBER 17TH, 2024, CODE ENFORCEMENT INVESTIGATED THE SUBJECT PROPERTY FOR CONSTRUCTION OCCURRING ON THE PROPERTY WITHOUT OBTAINING PERMITS.
THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING THE VARIANCE TO ALLOW CORRUGATED METAL FENCE LOCATED ALONG THE REAR SIDE YARD TO REMAIN ON THE PROPERTY AS PORTIONS OF THE CORRUGATED METAL FENCE EXTEND PAST THE FRONT FACADE OF THE PRIMARY STRUCTURE.
THE APPLICANT REQUIRES A TWO FOOT SPECIAL EXCEPTION TO ALLOW A FIVE FOOT PRIVACY FENCE IN THE FRONT YARD.
PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT.
UH, EVERYTHING HIGHLIGHTED IN YELLOW IS WHERE THE CURRENT CORRUGATED METAL FENCING IS LOCATED.
EVERYTHING IN GREEN IS ACTUALLY A OPEN WROUGHT IRON FENCE ALONG THE FRONT AERIAL VIEW OF THE PROPERTY.
HISTORICAL VIEW SUBJECT PROPERTY.
THIS IS THE FRONT OF THE SUBJECT PROPERTY AND THIS IS SURROUNDING AREA, SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE FENCE, MATERIAL VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH TWO FIVE DASH OR 1 0 3 0 0 0 2 6 BASED ON THE FOLLOWING FINDINGS OF FACT, WHEN THE SECURITY CAN BE PROVIDED ON THE LOT BY NON PROHIBITED FENCE MATERIAL AND THE USE OF CORRUGATED METAL DOES NOT APPEAR TO PROVIDE ANY ADDED SECURITY.
TWO, THE PROPERTY IS ABUTTING A SINGLE FAMILY DWELLINGS TO THE NORTH AND THE INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT THE NEIGHBORHOOD LOOK AND CHARACTER.
AND THREE, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERS STICKS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF RECOMMENDATION FOR THE FENCE HEIGHT EXCEPTION STAFF RECOMMENDS DENIAL AND BO OA DASH 25 DASH 0 3 26 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCE SPECIAL EXCEPTION DOES NOT APPEAR TO CREATE ANY ADDITIONAL OR ADDITIONAL ENHANCED SECURITY AND PRIVACY.
AND TWO, THE FENCE SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF MILL 19 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THE COLLIBRA PARK NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
AND THIS IS THE CALIBRA PARK NEIGHBORHOOD ASSOCIATION RESPONSE.
AND THIS CONCLUDES STAFF'S PRESENTATION.
OKAY, I I JUST WANTED TO ASK, UH, SO THAT THE PROPERTY IN QUESTION IS A SINGLE FAMILY HOME? IT IS NOT.
IF YOU GO TO THE, OKAY, IT HAD A HOUSE ON THE FRONT THAT WAS PART OF THE, UH, CONSTRUCTION THAT WAS, THAT WAS COMPLETED WITHOUT A PERMIT, SO IT WAS DEMOLISHED.
SO THEY DEMOLISHED THE SINGLE FAMILY STRUCTURE ON THAT PROPERTY AND THEY ALSO DEMOLISHED THIS, UH, SHED TYPE STRUCTURE HERE.
SO THIS IS NOW GONE AND THIS IS GONE.
AND THEN THE NEXT SLIDE YOU'LL SEE THAT.
NOW IT'S JUST, SO THIS IS WHERE THAT HOUSE USED TO BE THAT'S BEEN REMOVED AND THEN THAT ONE STRUCTURE.
SO NOW IT'S JUST THAT PRIMARY STRUCTURE OF GARAGE.
LET'S HAVE THE APPLICANT COME FORWARD.
I'M HERE, UH, REPRESENTING THE OWNER.
[01:45:01]
HE WAS UNABLE TO MAKE IT TODAY, SO I'M GONNA TRY TO MAKE THE PITCH.UM, THE OWNER BOUGHT THIS PROPERTY AS A C TWO COMMERCIAL.
HE'S LOOKING TO INTENDING TO PUT A DEALERSHIP AT THIS LOCATION.
AND SO WE'RE TRYING TO FIX HIS, UH, THE VIOLATIONS WHERE AN ENGINEERING FIRM, UH, SO IF YOU COULD GO TO THE SECOND SLIDE.
SO I, I I MEAN, HERE'S THE PICTURES OF THE CORRUGATED FENCE.
UM, ON, ON EACH SIDE, I WILL SAY ONE OF THE CHANGES TO THE AMEN OR THE, THE CASE IS HE HAS A SIX FOOT FENCE.
AND, AND, AND I THINK THE CASE SAID FIVE FOOT FENCE.
AND SO WE EITHER ASK FOR AN AMENDMENT OR OR TO, TO THE CASE.
SO YOU'RE, THE FENCE IS SIX FEET? IT IS SIX FEET.
AND THE FRONT, THE FRONT, UH, CAN YOU COME DOWN? SO HERE'S, HERE'S THE DILEMMA.
AND THE REAR SIX FEET, WE CAN, YOU KNOW, THAT'S THERE.
BUT IN THE FRONT, YOU, YOU, THE MOST, YOU'RE ASKING, THE WAY THIS WAS ADVERTISED WAS FOR A FIVE FOOT, AND I HATE TO TELL YOU, BUT IF YOU, IF YOU HAVE SIX ALONG THE FRONTAGE OF, OF THE, OF THE PROPERTY, WE'D HAVE TO RE ADVERTISE, CORRECT? UM, YES.
WILL YOU APPROVE A FIVE FOOT OF THE R AND IRON FENCE IN THE FRONT? AS A MATTER OF FACT, I, I, I, WELL, FIVE FOOT'S ALLOWED ALREADY.
WR IRON IN THE FRONT PREDOMINANTLY OPEN.
AND I THINK MR. SORELL HAD APPROVED THAT IN EMAIL.
HE HAD APPROVED THAT COMMENT IN THE FRONT.
THE THE, WE'RE NOT IN THE, THE PIECE IN THE FRONT.
THE ONLY ITEM IN QUESTION IS IN FRONT OF THE PLANE.
OF THE EXISTING OF THOSE BUILDINGS.
YEAH, EVERYTHING IN GREEN WE'RE NOT, WE DON'T HAVE ANY OH, OKAY.
SO, SO THAT'S, THAT'S A SIX FOOT CORRUGATED METAL FENCE.
UM, AND I, I, I GUESS THE CASE IS THE HEIGHT OR THE MATERIAL, OR BOTH? IT'S BOTH.
SO, AND THEN, YOU KNOW, YOU, IF, IF WE VOTE ON IT TODAY, YOU WOULD HAVE TO REAPPLY TO COME BACK TO ADDRESS THOSE TWO PORTIONS ON EITHER SIDE.
OR THEY CAN RE ADVERTISE AND YOU CAN COME BACK AND HANDLE IT ALL IN ONE.
YEAH, I, I, I'D REQUEST THAT, UH, THE COMMISSION ALLOW ME TO COME BACK AND, AND LET'S GET IT, YOU KNOW, LET, LET ME PETITION THE, THE, THE, THE ZONING COMMISSION TO, TO GO BACK TO A SIX FOOT FENCE IF POSSIBLE.
AND BY BY CHANCE, DO YOU KNOW IF THE APPLICANT HAD AN OPPORTUNITY TO TALK WITH, UH, COLLIBRA COLLIBRA PARK? IS THAT WHO IT WAS? SO THAT THE NEIGHBORHOOD ASSOCIATION ASSOCIATED WITH THAT PROPERTY? I, I DID NOT.
WE DID NOT, UH, TO BE HONEST WITH YOU, WE DID NOT.
WE DID SEND LETTERS OUT TO THE NEIGHBORS AND ASSOCIATED, WE DIDN'T GET ANY, UH, WE, WE LEFT THE INFORMATION FOR THE CASE MANAGER ON THOSE LETTERS.
UH, WE DIDN'T RECEIVE ANY FEEDBACK WHATSOEVER.
SO THE, SO THE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION? YEAH.
AND THAT WEIGHS IN A LOT ON SOME OF THE COMMISSIONERS HERE.
AND SO IT MAY BEHOOVE YOU TO REACH OUT TO THEM AS WELL.
IT MAY HAVE BEEN THAT THEY WERE JUST TOTALLY AGAINST ANYTHING FORWARD OR A HUNDRED PERCENT OF, OF THE METAL.
SO DON'T KNOW WHAT THEY WERE IN OPPOSITION 'CAUSE IT DIDN'T GO INTO DETAILS.
UM, SO, SO CERTAINLY IT WOULD BE BENEFICIAL TO TALK TO THEM TO, AND YOU KNOW, GET THEIR POSITION.
STAFF FOR THIS TO BE READVERTISED ONCE AS SOON AS HE CAN COME BACK WHILE THEY'RE LOOKING THAT UP.
SO YOU ARE REQUIRED OR YOU CAN HAVE UP TO AN EIGHT FOOT FENCE BETWEEN THE REAR OF THE PROPERTY AND THE RESIDENTIAL THAT EXISTS THERE THAT YOU CAN DO WITH PERMITTING.
HOWEVER, THE MATERIAL IS STILL NOT PERMITTED UNDER NO CIRCUMSTANCES WITHOUT THE APPROVAL OF THIS BOARD.
CAN YOU HAVE CORRUGATED METAL? IT'S A PROHIBITED MATERIAL ALONG THE SIDES OF THE PROPERTY, UM, ON THAT ARE NEXT TO YOUR COMMERCIAL NEIGHBORS.
YOU CAN ALSO HAVE A FENCE THAT IS UP TO EIGHT FEET IN HEIGHT.
SO WE'RE, SO WE DON'T NEED TO DO ANYTHING WITH HEIGHT.
WE CAN DO THIS RIGHT NOW THEN.
'CAUSE IT HAS TO DO WITH THE CORRUGATED METAL IT LOOKS LIKE.
AND THE ONLY HEIGHT THAT WE PUT IN HERE IS THE SMALL PORTION THAT GOES BEYOND THE FRONT FACADE OF THE COMMERCIAL BUILDING.
YEAH, THAT'S WHAT HE WAS MENTIONING THAT IT WAS, IT'S SIX FEET, BUT IT LOOKS LIKE IT WAS ADVERTISED FOR FIVE.
SO YEAH, I THINK THE OWNER CAN LIVE WITH A FIVE FEET IN THE FRONT.
THE WR IRON FROM THE FACADE POLE.
IS HE ALLOWED TO HE'S OKAY ON THE HEIGHT, EVEN PAST THE FRONT FACADE GOING TOWARDS GBRA.
WELL, BUT HE, HE, HE'S TALKING ABOUT, HE'S BRINGING UP A DIFFERENT ITEM, WHICH HE'S TALKING ABOUT WR IRON, AGAIN, WR IRON YOU CAN DO ALONG THE FRONT OF THE PROPERTY AND ALONG YOUR FRONT SETBACK, FIVE FEET PREDOMINANTLY OPEN.
THAT IS ALLOWED WITH A PERMIT.
[01:50:01]
THE WR IRON'S COMPLETELY FINE.THE ISSUE, I I, THE QUESTION WE HAVE IS IN FRONT OF THE FACADE OF THE BUILDING TO WHERE IT TOUCHES THE ROD IRON, WHAT IS THE MAX HEIGHT OF THAT FENCE? IN FRONT OF, IN FRONT OF IT IS THE IRREGULAR FIVE FOOT PREDOMINANTLY OPEN OR THREE FOOT PRIVACY FENCE ON A COMMERCIAL? CORRECT.
SO HE WOULD HAVE TO RE ADVERTISE BECAUSE THAT IS SIX FEET TALL.
SO, SO FROM THE, FROM THE FRONT FACADE GOING BACKWARDS TO THE REAR WOULD BE, SO EVERYTHING JUST THIS RIGHT HERE.
EVERYTHING HERE NEEDS TO BE RIGHT.
THE HEIGHT IS COMPLETELY FINE EXCEPT FOR THAT LITTLE PIECE.
AND THEN, AND THEN THE REAR FENCE HAS TO BE A MIN, A MAXIMUM THREE FOOT SOLID? NO, THE NO, NO.
YOU, YOU CAN GO EIGHT FEET AS LONG AS, BUT JUST NOT IN THE FRONT OF THE BUILDING.
SO OUR ONLY QUESTION IS THAT SMALL PIECE ON EITHER SIDE THAT WOULD HAVE TO COME BACK.
AND, AND THEN ALSO JUST ONE SECOND, WE'RE JUST DOUBLE CHECKING JUST TO MAKE SURE WE HAVE THE RIGHT INFORMATION.
AND ALSO THAT WHAT IT WAS, THAT THE NEIGHBORHOOD ASSOCIATION WAS OBJECTING IN REGARDS TO THE MATERIAL.
ONE THING IS, IS UM, YOU KNOW, THE, WHAT THE NEIGHBORHOOD ASSOCIATION INPUT IS VERY IMPORTANT.
UH, HISTORICALLY TO THIS, THIS COMMISSION.
AND SO FINDING OUT WHAT EXACTLY THERE, THEY MAY ONLY BE OPPOSED TO THE REAR PART.
YEAH, I, SO, SO I, I, I DROVE ON BRANDYWINE, WHICH TO THE REAR AND THERE'S SO MUCH TREE COVERAGE, YOU CAN'T EVEN SEE THE FENCE, THE CORRUGATION, YOU CAN'T HARDLY SEE IT.
SO IT MIGHT BE, BUT I, I CERTAINLY, UH, UH, REACH OUT TO THEM.
IF WE WANNA DO A CONTINUOUS, I'LL BE HAPPY TO DO THAT.
WELL IF IT HAS TO GET READVERTISED, YOU'LL BECAUSE OF HOW MANY DAYS YOU HAVE TO DO IT IN THE YEAH, THE TIMING YOU MAY, IT MAY BE TWO MEETINGS.
SO, SO ON THE CURRENT PICTURE, IT LOOKED LIKE THERE WAS BARBED WIRE, UM, ON THE CURRENT FENCING.
AND SO, UH, DOES THE CITY NEED TO BE, I GUESS IS THAT, DOES THAT NEED TO BE PART OF THE DIALOGUE AS WELL? BECAUSE I DON'T THINK THAT'S PERMITTED BY RIGHT.
WHERE, WHERE'S, SO I THOUGHT I LOOKED AT THE OLD PICTURE AND MAYBE IT'S BEEN REMOVED ALREADY.
SO I, I, YEAH, I WAS THERE THIS MORNING.
I DIDN'T SEE ANY BARB WIRE, BUT WE STARTED REMOVE THAT.
IT MAY, I MAY HAVE BEEN LOOKING AT AN OLD PICTURE THEN.
AND THEN ON THE EAST SIDE, IT LOOKS LIKE YOU HAVE A CAP ON TOP OF THE CORRUGATED METAL, BUT DOESN'T APPEAR TO BE ONE ON THE WEST SIDE.
YOU SEE THAT RED CAP ON THE RIGHT PORTION? NOT THE GATE, BUT YEAH.
I DIDN'T SEE THAT ON THE OTHER SIDE OF THE YEAH, THE LOCK.
YEAH, WE CAN CERTAINLY MODIFY THAT.
YEAH, WE WE'RE GONNA REMOVE, WE WOULD REMOVE ALL OF THAT ANYWAY, SO, AND THEN ON THE BACKSIDE WE WOULD PUT A CAP ON IT.
SO WHAT'D Y'ALL FIND OUT? SO YEAH, IT'S THE FIVE FOOT, PREDOMINANTLY OPEN THREE FOOT ON THE, UM, ON THE PRIVACY.
NOW THE FENCE, SIR, IS SIX FEET.
SIX FEET, YOU'RE SAYING IN THE BACK? YES.
NO, ITS BUILDING, NOT, NOT THE BACK IN THE, IN THE FRONT.
WHICH ONE? OH YEAH, THE, THE FRONT ROD IRON IS SIX FEET.
SEE THIS IS THE PART CORRUGATED.
SO THE PICTURES THAT'S SHOWN RIGHT NOW ON THE SCREEN, IF THAT'S A FIVE FOOT CO, IF THAT'S A FIVE FOOT PREDOMINANTLY OPEN FENCE, IT LOOKS LIKE YOUR CORRUGATED METAL IS THE SAME HEIGHT.
IS THAT CORRUGATED PORTION OF THE CORRUGATED METAL ALSO FIVE FEET? IT NO, IT'S SIX FEET.
THE ROT, THE, WE'RE TALKING WR IRON, THE FRONT, THE WHOLE THING IS SIX FEET.
CAN I UH, HAVE THE LASER POINTER FOR A SECOND? I WANT TO THANK YOU
SO WHAT I'M LOOKING AT IS IF YOU'RE SAYING THAT THIS IS FIVE FEET TALL, NO, THAT'S SIX FEET.
SO THAT'S ANOTHER ISSUE THAT NEEDS TO BE DISCUSSED.
THE MOST YOU CAN HAVE IS FIVE FEET ON AN OPEN FENCE.
'CAUSE IT LOOKS LIKE THAT'S THE SAME HEIGHT AS THE, AS THE UH, OPEN SIX.
SO IT LOOKS LIKE THIS HAS TO COME BACK TO US IF HE AS HIS INTENT IS TO KEEP IT THE WAY HE HAS IT.
ALRIGHT, WELL THAT GIVES YOU FOUR WEEKS.
WHAT WE WILL HAVE TO, THEY'LL HAVE TO RE ADVERTISE, YOU'LL HAVE TO COME BACK.
GIVES YOU PLENTY OF TIME TO TALK TO THE NEIGHBORHOOD ASSOCIATION, POSSIBLY SOME MORE OF THE NEIGHBORS.
AND JUST BE PREPARED THAT, UM, THIS BOARD CAN, CAN, HAS THE ABILITY TO GRANT WHAT YOU'RE REQUESTING OR LESS.
LIKE FOR EXAMPLE, NOT HAVING CORRUGATED METAL ABUTTING THE RESIDENTIAL HOME.
SO JUST BE AWARE OF ALL THE LITTLE THINGS THAT CAN HAPPEN AS YOU MAKE THESE DISCUSSIONS WITH YOUR NEIGHBORS AND YOUR HOMEOWNERS ASSOCIATION.
JUST, AND JUST, UM, I KNOW IF WE'RE NOT MAKING A DECISION NOW, UH, BUT JUST TO, UH, THERE IS ONE PERSON SIGN UP TO SPEAK.
CAN I JUST FOR CLARITY, IT, UH, COMING BACK WITH A CASE OF FIVE FOOT IN THE FRONT FROM THE FACADE, SIX FEET IN THE FRONT YARD ON THE STREET, IT'S A DISPEN.
[01:55:01]
I THINK THAT WHAT'S GONNA HAPPEN IS YOU'RE GONNA TALK TO STAFF AND THEY'RE GONNA MAKE SURE THIS APPLICATION IS PERFECT.NEXT TIME WE SEE IT, WE OVER SIX FEET.
SO YOU'RE REQUESTING IT'S SIX, RIGHT? YES.
AND THAT'S WHAT I'M SAYING, FIVE FEET IN THE FRONT.
AND YOU ALSO ALSO HAVE TO LOOK AT THE RETAINING WALL BECAUSE I THOUGHT FOR RETAINING WALLS THERE'S A LIMIT TO, IS THERE A LIMIT TO THE FENCE SITE NEXT TO A RETAINING WALL IF THAT WALL'S MORE THAN FOUR FEET TALL OR SOMETHING? NO.
FOR A RETAINING WALL JUST DOESN'T, IT DOES NOT COUNT AGAINST YOU.
SO, SO THE RETAINING WALL COULD BE NINE FEET TALL AND OKAY, JUST WANNA MAKE SURE.
SO FIVE FEET IN THE FRONT, SIX IN THE REAR, AND THEN CORRUGATION THE REAR IS THE HEIGHT IN THE REAR? YEAH.
BUT YOU NEED JUST THE CORRUGATION IN THE REAR.
PREDOMINANTLY OPEN WHERE, WHERE YOU HAVE IT AND SIX FEET CORRUGATED METAL WHERE YOU HAVE IT AND STAFF WILL HELP YOU WITH THAT.
IF ANYTHING THEY'LL ADVERTISE IT FOR PROBABLY MORE.
'CAUSE WE CAN ALWAYS DO LESS
ALRIGHT, SO WE HAVE A CITIZEN SIDE TO SPEAK.
HOW YOU DOING SIR? PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS.
I'M MR. UH, MANUEL SALAZAR AND I OWN A BUILDING 37 0 9
YOU'RE THE ABUTTING BUILDING NEXT DOOR.
UH, I'M CONCERNED ABOUT THEM PUTTING THE FENCE, UH, PRIVACY, LIKE A PRIVACY FENCE BECAUSE IT'S GONNA COVER MUCH OF MY BUILDING.
AS A MATTER OF FACT, THE NEXT NEIGHBOR TO US, HE ALREADY PUT A FENCE AND THAT'S COORDINATED PRETTY MUCH ON THE OTHER SIDE.
SO IF THEY PUT THAT FENCE THERE, IT'S GONNA BE, UH, MY BUILDING WOULD BE PRETTY MUCH COVERED.
AND AND DO YOU HAVE ANY OPPOSITION, UH, TO IT BEING PREDOMINANTLY OPEN WROUGHT IRON OR, OR YOU OPPOSED TO IT BEING SOFT? WELL, IF IT WAS BROUGHT IRON, YOU KNOW, I, I WOULDN'T MIND IT, BUT NOT LIKE A, YOU KNOW, LIKE THAT CORRUGATED FENCE.
SO SIR, WE HAVE A, IF YOU LOOK AT THE PICTURE ON THE RIGHT, THAT'S THE FENCE THAT SEPARATES RIGHT NEXT TO YOUR BUILDING, RIGHT? UH, IS, IS YOUR, JUST TO MAKE SURE WE'RE CLEAR ON, IF THAT PORTION OF THE CORRUGATED WAS PREDOMINANTLY OPEN, YOU WOULD FIND IT ACCEPTABLE? UH, I BELIEVE SO.
WELL WE WANT TO HEAR ALL THESE THINGS AS WE'RE YES.
WE'RE GOING TO, WE'LL ALL REMEMBER, YOU'LL BE SURPRISED.
SO, UH, THAT'S, THAT'S MY MAIN CONCERN, YOU KNOW, AND THEN, UH, GETTING OUT OF THERE, IF IT WAS FANS ON BOTH SIDES, IT'LL BE A LITTLE PROBLEM THERE.
FROM MY CUSTOMERS AND, AND, UH, TENANT CUSTOMERS NEXT.
IS THERE ANY QUE OTHER QUESTIONS, COMMISSIONER? SO YEAH, SO I'M STILL, SO, SO I WENT ON TO GOOGLE DRIVE, UM, AND SO I'M IN FRONT OF THE, THIS APPLICANT'S OR THE THIS, UH, CITIZEN'S PROPERTY AND LOOKING TOWARDS THIS OTHER PROPERTY AND THERE IS A CHAIN LINK FENCE WITH BARB WIRE ON IT.
SO IS THAT FENCE YOURS? UM, IT WAS THERE PRETTY MUCH, UH, WHEN I GOT THE BUILDING THERE.
SO, SO THERE IS A FENCE THERE.
AND SO I GUESS, UM, YOU KNOW, AND SO, SO IT LOOKS LIKE THAT FENCE ABUTS INTO OR IS CONNECTED TO THE FENCE IN QUESTION.
UM, AND SO, SO I GUESS, YOU KNOW, SO REITERATE MY QUESTION WITH REGARDS TO BARB WIRE.
THAT SHOULDN'T BE THERE PROBABLY.
WE'RE, WE'RE GONNA, WE'RE GONNA FINISH WITH UM, THIS PERSON'S TIME TO SPEAK SIR.
IS THERE ANY OTHER REMARKS YOU WOULD LIKE TO HAVE? I DON'T HAVE ANY OTHER THINGS TO SAY.
YOU KNOW, I WILL SAY THAT, UM, THERE IN ANOTHER MONTH THEY'LL BE BACK.
I DO URGE YOU TO EXCHANGE INFORMATION WITH THE APPLICANT SO MAKE SURE THEY CAN DISCUSS EXACTLY WHAT THEY'RE DOING AND SEE, YOU KNOW, THEY WOULD PROBABLY LOVE YOUR SUPPORT IF THERE'S SOMETHING YOU CAN WORK OUT WITH EACH OTHER.
AND I KNOW THAT YOU HAVE TO SIGN UP TO SPEAK, BUT IF ONE OF Y'ALL WANT TO COME UP, COME ON UP.
SO IF YOU COULD STATE YOUR NAME AND TELL US WHAT YOU THINK.
I'M THE BARB WIRE FENCE MAKE, IT'S BEEN THERE LONGER THAN I'M ALREADY LIKE 35 I THINK.
THE BARBED WIRE FENCE HAS BEEN THERE 'CAUSE THAT'S HOW LONG MY GRANDPA'S BEEN THERE AND WE USED TO PLAY ON IT AND IT'S BEEN THERE 'CAUSE WE COULDN'T CLIMB OVER.
BUT I GUESS FOR YOUR BOB WAR FENCE, IT'S BEEN THERE.
WELL THE QUESTION IS, YOU KNOW, WHO OWNS THAT FENCE AND THEY WOULD HAVE TO BE RESPONSIBLE IF IT, IF IT'S THE APPLICANT'S, THEN THEY'RE THE ONES THAT WOULD HAVE TO ADDRESS IT.
AND THAT'S WHY, THAT'S WHY I BROUGHT THE QUESTION.
AND SO, SO IT LOOKS LIKE IT'S ON THEIR PROPERTY AND SO I JUST WANNA MAKE SURE THAT IT'S BEING ADDRESSED.
YES, IT'S, IT'S ON THEIR PROPERTY.
IS THERE ANYTHING ELSE FROM THE COMMISSION? ANY QUESTIONS? ALRIGHT.
[02:00:01]
YOU'RE THE APPLICANT, RIGHT? SO HERE, UM, IT'S SHOWING THE 60 INCH FENCE HEIGHT OF WHAT YOU GAVE US.I JUST WANNA MAKE SURE THIS IS SUPPOSED TO BE UM, THE UM, 72 INCHES, NOT 60 INCHES.
IS THAT CORRECT? ON, ON HIS SIDE? NO, THIS IS FOR THE APPLICANT.
YEAH, SO IT'S A SIX FOOT FENCE.
SO WE'LL COME BACK AND READDRESS ALL THAT.
ALRIGHT, WELL UM, WE DON'T NEED TO DO ANYTHING 'CAUSE IT'S GOTTA BE READVERTISED.
ALRIGHT, SO WE WILL SEE, WELL THEY'LL BE BACK IN A MONTH.
I WOULD RECOMMEND EXCHANGING INFORMATION AND SO THAT YOU CAN KEEP IN TOUCH WITH OKAY SIR, WHAT THEY'RE ASKING FOR.
'CAUSE WE'D LOVE TO HEAR YOUR THOUGHTS.
HOWEVER, THIS ENDS UP TURNING OUT IN FOUR WEEKS.
WE NORMALLY TAKE A BREAK UNLESS Y'ALL WANT TO.
WE'RE GONNA TAKE OURSELVES A FIVE TO SEVEN MINUTE BREAK.
SEE Y'ALL BACK IN FIVE TO SEVEN MINUTES IN.
YEAH, ITEM NUMBER SIX BOA DASH TWO FIVE DASH 0 3 0 0 0 2 8.
ADDRESS IS 1 58 ORIENTAL AVENUE COUNCIL DISTRICT FIVE APPLICANT ANTONIO MEDRANO.
AND IT IS A REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE INCH UH, FROM THE EAST SIDE PROPERTY LINE TWO, A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT TO BE ONE INCH FROM THE FRONT SETBACK AND THREE A ONE IN ONE FOOT.
SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT FENCE HEIGHT TO ALLOW A FOUR FOOT PRIVACY FENCE IN THE FRONT YARD.
SUBJECT PROPERTY IS LOCATED WITHIN THE NORTHWEST CORNER OF I 35 SOUTH AND I 90 WEST INTERCHANGE APPROXIMATELY 50 FEET EAST OF MARLEY STREET AND ORIENTAL AVENUE INTERSECTION ON FEBRUARY 4TH, 2025.
CODE ENFORCEMENT INVESTIGATED THE SUBJECT PROPERTY FOR BUILDING AND ATTACHED STRUCTURE AND CARPORT WITHOUT A PERMIT.
THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A VARIANCE TO ALLOW THE ATTACHED CARPORT AND REAR ADDITION TO BE ONE INCH FROM THE FRONT AND SIDE SETBACK.
ADDITIONALLY, DURING THE SITE VISIT THE PROPERTY ON THE OF THE PROPERTY STAFF FOUND THAT THE FRONT YARD FENCE EXCEEDED THE MAXIMUM FRONT YARD, YARD FENCE HEIGHT.
AND THE PROPERTY OWNER IS REQUESTING A ONE FOOT FENCE HEIGHT SPECIAL EXCEPTION TO ALLOW THE FRONT YARD FENCE TO BE FOUR FOOT IN THE FRONT YARD.
UH, PERMITS ARE PENDING THE BOARD OF ADJUSTMENT.
UH, THIS IS THE SITE PLAN STRUCTURE INCLUDES THIS ITEM HERE AND THIS ITEM HERE.
THESE ITEMS IN THE REAR ARE NOT, ARE MOVABLE AND WE'RE SELECTED TO BE OR PER THE APPLICANT WE'RE GONNA BE MOVED UM, FROM THAT SIDE SETBACK.
SO ITEM NUMBER FOUR IS NOT INCLUDED.
WAS THAT WAS INCLUDED OR NOT INCLUDED? NOT INCLUDED.
WE, THEY COMBINE THEM BECAUSE IT'S ALL ON THIS SIDE HERE.
SO THERE, THERE THIS ONE SHOULD NOT BE IN THERE 'CAUSE THEY'RE ALL ON THIS EASTERN SIDE.
SO THE ONE INCH SIDE SETBACK IS FOR THESE TWO STRUCTURES HERE.
ALRIGHT, THIS IS A HISTORICAL VIEW OF THE PROPERTY.
THIS IS A HISTORICAL VIEW FROM 2021.
AND THIS IS A SIDE VIEW OF THE NEIGHBORING PROPERTY AND THEN THE FRONT VIEW VIEW OF THAT ONE.
THIS IS THE CARPORT, FRONT SETBACK AND THIS IS THE ATTACHED REAR ACCESSORY STRUCTURE IS THIS AREA HERE.
[02:05:01]
CARPORT HERE.BOTH OF THESE IS COMBINED BECAUSE THEY'RE BOTH A ONE INCH FROM THE EASTERN SIDE SET OR THE SIDE SETBACK.
THAT'S THE REAR STRUCTURE IN THE FRONT YARD FENCE, HEIGHT AND SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FRONT AND SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH TWO FIVE DASH 0 3 0 0 0 2 8 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE REQUEST WILL BE SUBSTANTIALLY, WILL SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES IN THE SURROUNDING AREA AS A ONE INCH FRONT SETBACK.
DOES NOT PROVIDE SUITABLE DISTANCE BETWEEN THE PROPERTY AND THE RIGHT OF WAY.
AND TO THE DISTANCE OF THE ATTACHED CARPORT AND REAR ADDITION FROM THE SIDE SETBACK EXCEEDS THE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE, INCREASING THE RISK OF FIRE SPREAD AND WATER RUNOFF IN THE NEIGHBORING PROPERTY.
RECOMMENDATION FOR THE FENCE HEIGHT.
SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL IN BO OA DASH TWO FIVE DASH 3 28.
UH, ONE THE FENCE SPECIAL EXCEPTION DOES NOT APPEAR TO CREATE ANY ADDITIONAL ENHANCED SECURITY AND PRIVACY.
AND TWO, THE REQUESTED SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
ZERO IN FAVOR, ONE IN OPPOSITION.
AND COLLINS GARDEN NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
THIS IS COLLINS GARDEN'S RESPONSE AND THIS IS THE OPPOSED, THIS IS THE ONE AND THIS IS THE SAME ONE.
JUST THE SURVEY OF THE NEIGHBORING PROPERTY, THE ONE THAT'S OPPOSED
AND THIS CONCLUDES SAS PRESENTATION.
LET HAVE THE APPLICANT COME FORWARD.
TELL US YOUR NAME AND TELL US ABOUT THE PROJECT.
ANTONIO MADANO LIVE ON 1 5 8 ORIENTAL.
UM, THE MAIN ISSUE WE'RE HAVING IS THE WATER RUNOFF FOR THE REAR, UM, CARPORT.
I DON'T THINK THE FRONT ONE'S IN QUESTION OF MY NEIGHBOR HERE, I DON'T BELIEVE SHE HAS AN ISSUE WITH THAT ONE.
'CAUSE THAT ONE DOESN'T HAVE NO WATER RUNNING TO HER SIDE.
AS FAR AS, UH, THE WATER RUNOFF, I DID BUY A 3 275 GALLON, UH, TANK WHERE I RUN MY GUTTER TO GO THROUGH THAT TANK AND THEN A WATER HOSE TO THE, THE FRONT.
UH, I JUST BARELY SET THAT UP.
UM, I'M NOT AN INSIDE DOOR PERSON.
YOU KNOW, THE HARSH WEATHER'S HERE.
SO THAT'S WHY WE HAVE A CARPORT IN THE FRONT.
LIKE I SAID, I LIKE MY WIFE BEING OUTSIDE.
SHE CAN'T BE OUTSIDE WHEN IT WAS, IT WAS OUTSIDE WHEN THE CARPORT WASN'T THERE BECAUSE SHE GETS ROWDY MIGRAINES, UH, THE SUN, YOU KNOW, THE BRIGHTNESS AND ALL THAT.
SO THAT'S WHY ONE OF THE MAIN REASONS WE BUILT THAT CARPORT WAS, FOR THAT ASIDE, IS THE ONE ON THE, ON THE BACKSIDE.
THE ONE SHE'S COMPLAINING ABOUT IS BECAUSE THE WATER RUNOFF.
'CAUSE WE HAVE A, MY WIFE HAS A SIX SIX MUSTANG THAT WE PARK UNDER THERE.
AND UH, THAT WAS THE MAIN REASON WHY THAT ONE WAS BUILT.
NOW, UH, YOU KNOW, I TRIED TO DO MY BEST TO PLEASE MY NEIGHBORS, ALTHOUGH SHE COMPLAINS ABOUT A LOT OF STUFF ABOUT ME.
UM, IF SHE DOES HAVE AN ISSUE WITH ONE ON THE SIDE, I DON'T MIND KNOCKING DOWN ONE DOWN AND THEN BUILDING SOMETHING FURTHER IN THE FUTURE IN THE BACK.
'CAUSE I MOVED THAT CONTAINER THAT WAS BACK THERE, I MOVED IT SO I COULD BUILD SOMETHING LATER.
NOT RIGHT NOW, I DON'T HAVE THE FINANCES FOR THAT, BUT LATER BUILD ANOTHER CARPORT SO I CAN PUT THE MUSTANG WAY BACK IN THE BACK.
UM, THAT'S THE MAIN ISSUE IS THE ONE ON THE SIDE, THE ONE WITH THE GUTTER, UH, STICKING OUT.
I'VE LIVED IN THAT HOUSE FOR OVER 20, 20 YEARS, 20 SOME ODD YEARS.
AND EVER SINCE BEFORE SHE EVEN MOVED IN, THAT HOUSE WAS ALWAYS FALLING APART.
I EVEN MEOWED SOME OF THE SIDINGS BACK UP 'CAUSE THEY WERE ON THE FLOOR ONE TIME ON MY SIDE.
THAT WAS BEFORE THE GATE WAS BUILT.
UM, AS FAR AS THEIR WATER RUNOFF ON BEFORE THE CARPORT WAS BUILT, IT'S ALWAYS RAN TO THAT SECTION.
[02:10:01]
PROPERTY'S HIGHER THAN HERS.UM, SO I DON'T KNOW IF SHE'S TRYING TO THROW THE BLAME ON ME FOR HER FOUNDATION ISSUES, BUT IT'S BEEN LIKE THAT WAY BEFORE SHE EVEN MOVED IN.
AND THEN, UH, AS FAR AS THE FENCE, THE FENCE IS NOT MINE.
ME AND HER AGREED ON THE, THE POST THAT'S HER FENCE.
THE LITTLE FOUR FOOT FENCE, THAT'S HER FENCE.
I DON'T HAVE AN ISSUE WITH THAT FENCE.
LIKE I SAID, I'M PRETTY SURE SHE DOESN'T HAVE AN ISSUE WITH MY FRONT CARPORT.
THE ISSUE'S, THE ONE IN THE BACK.
IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? SO I GUESS MANNA, SO QUESTION IS, UM, THE BACK.
SO, SO, UM, I GUESS I HAVE CONCERN WITH REGARDS TO, UH, WE LOOK AT THE SAFETY OF THE NEIGHBORS AND SO THE BACK PORTION APPEARS TO BE A WOOD STRUCTURE.
UM, AND IT LOOKS LIKE IT IS A BUDDING, UM, OR, OR CLOSE TO THE, UH, UM, THE NEIGHBOR'S PROPERTY.
SO WHAT IS A DIFFERENT, WHAT IS A DISTANCE FROM UM, WE'LL SAY THEIR ROOF LINE TO YOUR ROOF LINE? UM, YOU KNOW, THERE AT THAT SECTION IT'S BASICALLY ALMOST UNDER, UNDER HERS.
UM, WITH MY GUTTER, IT'S UNDER HER ROOF.
SO MY, MY GUTTER PRETTY MUCH, UH, SERVES A PURPOSE FOR BOTH OF OUR PROPERTIES, UH, TO RUN THE WATER OFF TO A DIFFERENT AREA.
UM, MY NEIGHBOR DOES, UM, COMPLAIN ABOUT A LOT OF STUFF AND I'M PRETTY SURE SHE HEARD THAT WATER, UH, RUNNING.
SO SHE WENT OUTSIDE, SHE SAW THAT A PIECE OF THE GUTTER HAD GOT BROKEN OR WHATEVER, AND IT WAS RUNNING STRAIGHT DOWN, WHICH IS SUPPOSED TO RUN TO THE STREET.
BUT LIKE I SAID, MY PROPERTY'S HIGHER THAN HERS.
SO EITHER WAY IT STILL GOES TO HER SIDE.
SO, SO TWO THINGS WERE SAID THERE.
SO, SO ONE IS, UM, SO, SO WE HAVE WATER MITIGATION, BUT UM, SO WE, SO WE CAN'T, WE CAN'T VOTE, UM, ON ALLOWING YOU TO BE BEYOND THE PROPERTY LINE, YOU KNOW, INCLUDING GUTTERS AND SO, SO THERE HAS TO BE A DIFFERENCE THERE.
I DON'T MIND KNOCKING IT DOWN.
I MEAN, IT COST ME MONEY TO PUT IT UP THERE.
'CAUSE UH, I HAVE A BUDDY OF MINE THAT, THAT BUILT STUFF.
I MEAN, WHEN I TOLD HIM, HEY, I NEED, I WANTED TO ROOT UH, CARPORT FOR MY WISE MUSTANG, WE JUST ENDED UP BUILDING IT WITHOUT, YOU KNOW, HIM EXPLAINING.
'CAUSE HE WORKS ON THAT TYPE OF STUFF.
HE DIDN'T EXPLAIN TO ME, HEY, WELL THIS IS GONNA BE, THEY NEVER HAD NOTHING LIKE THAT BROUGHT UP TO ME.
YOU KNOW WHAT I MEAN? SO IT'S THE IGNORANCE ON THAT PART ON MY SIDE.
SO, AND THEN THE SECOND POINT IS THAT WHENEVER, UM, ANY STRUCTURE IS WITHIN FIVE FEET OF ANOTHER STRUCTURE, THEN UH, ESSENTIALLY FIRE RATING IS REQUIRED.
AND SO, SO, SO WOOD STRUCTURE WOULD NOT BE FIRE RATED.
UM, SO JUST, JUST THOSE TWO POINTS.
SO LEMME ASK AS FAR AS THAT FIRE RATING, IF I MOVED IT TO THE BACK, NOT RIGHT NOW, OF COURSE I KNOCK IT DOWN TO SAVE THE MATERIAL AND I BUILD IT IN THE BACK BACKYARD WHERE I COULD PARK MY WIFE'S MUSTANG.
WOULD THAT BE, UH, LEGAL? I GUESS YOU COULD SAY? WELL, IF YOU'RE FIVE FEET AWAY FROM THE PROPERTY LINE, IT'S JUST BETWEEN YOU AND THE CITY, THEY'LL FIGURE THAT OUT.
'CAUSE IT'S NOTHING BACK THERE ON HER SIDE, JUST A BASKETBALL COURT.
ANY OTHER QUESTIONS? COMMISSIONER ZUNA? YEAH, SO QUESTION FOR STAFF.
JUST GOTTA OF HOW, HOW WAS THIS CASE ORIGINATED? THIS WAS A CODE ENFORCEMENT CASE, CODE ENFORCEMENT, UH, FROM A, UM, CUSTOMER COMPLAINT OR, YES.
WHAT ARE, WE'RE GONNA DO NOW IS, IS THERE ANYONE CENTERED TO SPEAK ANY VOICEMAILS? YEAH.
UM, YOU HAVE A VOICEMAIL? DID YOU WANT TO SPEAK OR DID YOU WANNA PLAY YOUR VOICEMAIL? I, OKAY.
SO YEAH, WE HAVE ONE SPEAKER, MS. BALBOA.
SO WE WILL SEE IF YOU HAVE ANY QUESTIONS AFTER HER.
JUST STATE YOUR NAME AND TELL US YOUR THOUGHTS.
AND, UM, THAT IS MY PROPERTY WITH THE BASKETBALL COURT ON THERE.
UM, AND UM, I WROTE SOMETHING SO THAT WAY I COULD.
UM, BUT I KNOW HE SAYS I COMPLAIN A LOT, BUT IT'S 'CAUSE HE'S ALL OVER MY PROPERTY ALL THE TIME.
UM, YOU KNOW, I'M, I'M HERE TO JUST EXPRESS MY CONCERNS REGARDING THE PROPERTY AND THE IMPACT.
UM, THE WATER RUNOFF, IT'S TWO AREAS.
UM, I DID COMMUNICATE WITH IT WITH HIM ABOUT ONE OF 'EM.
UM, AND I GUESS HE TRIED TO FIX IT BUT IT DIDN'T FIX VERY WELL.
UM, AND I SENT PICTURES OF THAT AS WELL AS VIDEO SHOWING THE WATER RUNOFF.
[02:15:01]
ESPECIALLY IT RAINED LAST NIGHT, SO IT WAS STILL HAPPENING.IT IS IN THE FRONT AREA AND IT IS ON THAT SIDE AREA.
UM, BUT MY WHOLE THING IS I BUILT MY FENCE THERE TO KIND OF KEEP THE LITTLE, I BUILT MY FENCE A LITTLE OVER ON MY PROPERTY SO THAT I COULD KIND OF KEEP HIS STUFF AND HIS MESS OVER ON HIS SIDE.
BUT HE STILL MOVED OVER ALL THE WAY ONTO MY SIDE, SO IT'S STILL SPILLING ONTO MY PROPERTY.
THAT'S WHERE I STARTED COMPLAINING.
'CAUSE I KEEP MY STUFF PRETTY NEAT.
UM, BUT WHEN STUFF STARTS SPILLING INTO MY YARD, THEN YEAH, I'M COMPLAINING.
UM, AND THEN SO I BUILT THE FENCE THERE.
I HAD TO BUILD IT WHERE I BUILT IT 'CAUSE HE HAD ALREADY BUILT HIS CARPORT ON MY PROPERTY FENCE.
SO I JUST BUILT IT LIKE RIGHT THERE, YOU KNOW.
UM, BECAUSE BEFORE IT'S LIKE EVERYBODY WAS WALKING ON MY PROPERTY, EVERYBODY'S JUST ALL OVER MY STUFF.
UM, BUT MY CONCERN IS THE FIRE HAZARD.
UM, IF ANYTHING WERE TO EVER HAPPEN, LIKE MY PROPERTY DOESN'T STAND A CHANCE 'CAUSE WE'RE SO CLOSE TO EACH OTHER.
UM, AND THEN WILL THE WATER RUN OFF THAT POLE RIGHT THERE IN THE FRONT? UM, I SUBMITTED A VIDEO AND IT LITERALLY JUST DRAINS OFF TO MY PROPERTY.
UM, AND UM, LET'S SEE, AS FAR AS, UM, UM, THE EXCESSIVE WATER RUN RUNOFF IS ONE OF ONE OF MY ISSUES AS WELL AS THE, THAT'S ONE OF THEM.
AND AS FAR AS MY HOUSE, I'M NOT COMPLAINING ABOUT, YES, MY STUFF WAS MESSED UP ON THE SIDE, BUT I DON'T NEED ANY HELP FROM OTHER PEOPLE.
AND I HAVE PROFESSIONAL GUTTERS.
I ACTUALLY WENT AND INSTALLED GUTTERS AFTER THAT BECAUSE HE WAS BLAMING, SAYING, OH, YOUR PROPERTY'S ALWAYS FLOODED.
SO I SAID, OKAY, LEMME GO GET SOME GUTTERS.
SO I'M A SINGLE MOTHER, YOU KNOW, IT'S ME AND MY SON THERE.
I WORK REALLY HARD TO KEEP MY STUFF NICE AND I DON'T NEED HELP FROM ANYBODY MAKING IT LOOK OR BE, YOU KNOW.
AND IN THAT, THAT BLUE CARPORT THERE TOO, OR THAT BLUE LITTLE THING, IT'S SUCH AN EYESORE AND IT'S ALWAYS JUST BLOWING ON MY SIDE, ON MY SIDE, ON MY SIDE.
LIKE, I DON'T CARE IF HE HAS A CARPORT, I DON'T CARE.
I JUST WANT HIM TO MOVE OVER, UM, BECAUSE IT'S LIKE CONSTANT NOISE.
UM, WITH THE MECHANICAL STUFF THAT HE'S DOING FROM 11 IN THE MORNING TILL 1:00 AM AT NIGHT, WHICH I'VE SHOWN VIDEOS OF THAT AS WELL.
WE'RE SO CLOSE THAT I HEAR EVERYTHING.
LIKE OUR WALLS ARE SO THIN AND HE'S RIGHT THERE.
SO I HEAR EVERYTHING, THE COMPRESSOR, THE, YOU KNOW, THE TOOLS, YOU KNOW HIM GOING IN AND OUT WITH THE BIG OLD WRECKER TRUCK, YOU KNOW, SOMETIMES HE EVEN HITS THAT POLE AND IT'LL SHAKE MY ENTIRE HOUSE.
I HAVE VIDEO OF THAT AS WELL, YOU KNOW, SO I'M NOT JUST COMPLAINING JUST TO COMPLAIN.
I'M COMPLAINING BECAUSE IT'S, IT'S A NUISANCE.
LIKE IT'S, IT'S ON MY PROPERTY.
UM, SO I JUST, YOU KNOW, I HAVE PICTURES, I HAVE VIDEOS, UM, AND THAT'S ABOUT IT.
SO, SO A QUESTION IS, SO, SO YOU, UM, YOU PUT UP THE FENCE, SO THERE, ALONG, ALONG THE SIDE AND WHAT IS THE DISTANCE? AND, AND YOU, YOU BROUGHT IT, IT, IT APPEARS THAT YOU BROUGHT IT WELL IN WITH REGARDS TO THE ACTUAL PROPERTY LINE ITSELF.
WHAT IS THE DISTANCE FROM YOUR HOUSE TO, TO THE FENCE AS IT'S CURRENTLY INSTALLED? SO WHAT IS THAT DISTANCE ON THAT SIDE? UM, WHAT DO YOU MEAN? ON HIS SIDE? NO, ON YOUR SIDE.
SO, SO, SO HOW WIDE OR HOW MUCH SPACE DO YOU HAVE ON THE SIDE OF YOUR PROPERTY, UH, WITH YOUR FENCE AS IT IS? IS IT TWO FOOT, THREE FOOT? UM, I DON'T KNOW.
I JUST KNOW THAT WHEN I FIRST MOVED IN THERE, THERE WAS ALREADY A FENCE THERE, BUT THERE WAS A LOT OF, YOU KNOW, THE WAY THAT HIS YARD WAS.
SO I WAS LIKE, YOU KNOW WHAT, I'M JUST GONNA BUILD MY FENCE.
SO THAT WAY, THAT FENCE THAT'S ALREADY THERE, IT CAN SERVE AS A, YOU KNOW, DON'T MOVE INTO MY SIDE.
BUT INSTEAD IT'S JUST MOVED ALL THE WAY ONTO MY SIDE NOW AS WELL AS THE BUILT STRUCTURE THAT'S THERE, RIGHT THERE.
THAT IS BUILT ON MY, YOU KNOW, PIECE ALSO.
AND I KNOW HE BILLED A, A LITTLE PIECE THERE, BUT BECAUSE HE HAD, HE'D DONE THAT, HE DID THAT FIRST.
SO, YOU KNOW, AND YEAH, IT'S ON MY PROPERTY.
I DIDN'T COMPLAIN 'CAUSE I WANT IT TO BE COVERED.
'CAUSE I DON'T WANT TO SEE, OR I DON'T WANT MY PEOPLE TO SEE EVERYTHING THAT HE HAS THERE.
LIKE YOU'VE SEEN THE PICTURES OF THE YARD, YOU KNOW, DO WHATEVER YOU WANT IN YOUR YARD, BUT KEEP IT ON YOUR SIDE.
LIKE WHEN IT STARTS SPILLING OVER, THEN THAT'S WHERE THE PROBLEM HAPPENS.
WELL, SO, UH, I DON'T KNOW HOW MUCH, HOW MUCH SPEED IT IS.
SO IF YOU STAND, YOU COULD YOU PUT YOUR ARMS ALL THE WAY OUT AND TOUCH IT FROM OH, ABSOLUTELY.
SO THAT'S MAYBE FOUR FOOT THERE.
SO, SO PROBABLY NOT WITHIN FIVE FEET.
SO JUST TRYING TO, I'M JUST TRYING TO ST ESTABLISH, YOU KNOW, WHAT THE DISTANCE IS
[02:20:01]
BETWEEN YOU AND THE WALL BECAUSE SOMETIMES HOMES ARE THREE FOOT, SOMETIMES THEY'RE FOUR AND NORMALLY THEY'RE FIVE FOOT.BUT IT SOUNDS TO ME LIKE YOUR FENCE IS CLOSER THAN THAT.
AND LOOK AT PICTURE LOOKS IT'S CLOSER TO MY HOUSE.
UM, AND THEN A QUESTION FOR CITY STAFF WITH REGARDS TO, UM, UM, THE SHADE CLOTH THAT'S ON THE, THAT IS ATTACHED TO THE, UH, CARPORT.
SO, SO, SO I GUESS FROM A WALL PERSPECTIVE, ON A CARPORT, YOU CAN HAVE A WALL THAT HANGS FROM THE TOP, IT GOES DOWN CORRECT.
AND IT'S A CERTAIN PERCENTAGE OF IT WHERE ALL OF A SUDDEN CHANGES FROM BEING, I GUESS, CAN YOU WALL IN A SIDE OF A CARPORT? WELL, THE, THIS ISN'T A WALL, IT'S JUST LIKE A TEMPORARY SHEET OR TARP OR, UM, SO FOR THAT REASON IT'S REMOVABLE AT ANY TIME.
AND SO THEN THAT WOULD BE PERMITTED IS I GUESS WHERE I WAS GOING.
SO, SO IF I HAVE A CARPORT, I CAN PUT UP A PLASTIC SHEET ACROSS THE SIDE OF IT AND THAT WOULD BE PERMITTED BY THE CITY'S PERSPECTIVE.
WE WOULDN'T HAVE ANYTHING FOR A TEMPORARY OBJECT, UM, LIKE THAT IN A CARPORT.
THE WALLS, IT'S NO MORE THAN TWO WALLS.
ANYTHING ELSE BESIDES TWO WALLS? IT WOULD BE CONSIDERED A GARAGE.
ALRIGHT, ANY OTHER QUESTIONS? STEVENS? MR. STEVENS.
CAN, DO YOU HAVE A CLEAR UNDERSTANDING OF HOW FAR ANY OF THESE STRUCTURES ARE ENCROACHING INTO YOUR PROPERTY? I DON'T, UM, THAT'S WHY I, I BROUGHT THE, MY SURVEY, UM, BECAUSE IT SHOWS LIKE THE, THE FENCE POST LIKE NUMBER THREE OR I MEAN, WHAT'S CLOSER RIGHT THERE, THAT'S LIKE THE, THE FENCE POST.
SO I'M GUESSING NUMBER THREE IS LIKE THE START OF KIND OF HIS PROPERTY.
BUT LIKE RIGHT BY NUMBER THREE, THERE'S A LITTLE DOT THERE AND WE HAVE LIKE A, A CITY POST.
CAN, CAN YOU ZOOM INTO THAT A LITTLE BIT? IS THAT POSSIBLE TO ZOOM IN A LITTLE MORE? LIKE RIGHT THERE, THERE'S A, A POST, WHICH IS THE ONE THAT'S IN THE PICTURE AS WELL.
THIS IS THE ONE THAT WE'RE TALKING ABOUT.
SO THIS IS THE LINE RIGHT HERE, RIGHT, RIGHT IN THIS AREA RIGHT HERE.
THERE'S A, A FENCE POST OR THERE'S A, I DON'T KNOW, LIKE FROM THE CITY.
UM, S SO I'M GUESSING LIKE THE POLES THERE, I'M GUESSING THIS SIDE IS MY SIDE AND THIS SIDE IS HIS SIDE, RIGHT? I DON'T, I DON'T REALLY KNOW.
UM, BESIDES WHAT WE SEE, THE, THE N THE THE SUBJECT PROPERTY WOULD BE TO THE LEFT OF THIS PICTURE, RIGHT? NOT TO THE RIGHT.
I'M ASK, IT SHOULD BE OTHER SIDE.
A LOT OF TIMES THESE SURVEYS HAVE DIMENSIONS.
LIKE IF YOU GO UP, UH, TO THE FRONT LEFT CORNER OF THE HOUSE, IS THERE ANY DIMENSIONING ABOUT HOW FAR OFF FROM THE PROPERTY LINE? IT'S KIND OF BLURRY EXCUSE.
SO JUST TO THE RIGHT OF THE WORD FIELD.
UM, SOMETIMES THEY PUT DIMENSIONS.
THERE MAY NOT BE, YOU DIDN'T BRING THE ORIGINAL WITH YOU, DID YOU? NO, I DIDN'T.
IT'S ON THERE, BUT IT'S VERY BLURRY.
I MEAN, IT LOOKS LIKE THIS WAS A THREE FOOT OFFSET CONSTRUCTION.
IS THIS HOUSE, DO YOU KNOW WHEN THE HOUSE WAS CONSTRUCTED? LIKE 1925? I THINK IT PROBABLY THREE.
I, I GUESS I ASKED, I MEAN, IF ANYBODY'S ENCROACHING INTO YOUR PROPERTY, THAT'S INAPPROPRIATE, BUT WHENEVER WE DO GET TO A MOTION, WHAT ARE WE MEASURING FROM? ARE WE MEASURING FROM THE FENCE THAT SHE PUT INSIDE OF HER PROPERTY LINE OR? SO IT DOES LOOK LIKE, UM, HE'S, THEY'RE EITHER ON THEIR PROPERTY LINE, UM, WHEN THE BOARD, IF THE BOARD OF ADJUSTMENT APPROVES THE ONE INCH SETBACK, HE WOULD HAVE TO, WHATEVER HIS PROPERTY LINE IS, HE WOULD HAVE TO, EVEN IF RIGHT NOW HE MIGHT BE OVER IT OR NOT, HE WOULD HAVE TO GO BACK AT LEAST ONE INCH OR WHATEVER ALTERNATIVE YOU APPROVE? YEP.
SO IS THERE ANY OTHER QUESTIONS? GET OUR REBUTTAL.
OH, YOU'LL HAVE AN OPPORTUNITY, SIR.
ANY OTHER QUESTIONS FOR THE SPEAKER AT THE TIME? ALL RIGHT, THANK YOU VERY MUCH.
UH, AND WE HAVE THE APPLICANT COME BACK FORWARD.
ALL RIGHT, SO YOU'VE HEARD SOME CONCERNS? YEAH, UH, UH, AS FAR AS THE TRAFFIC THAT SHE CLAIMS THAT I HAVE, I CAN'T CONTROL OF PEOPLE PARK.
SHE HAS A CONCRETE FRONT YARD'S, NOT A DRIVEWAY, AND PEOPLE PARK IN THERE.
SHE SAYS THEY SHOULD HAVE THE COMMON SENSE NOT TO PARK THERE.
I DON'T TELL PEOPLE PARK RIGHT THERE,
[02:25:01]
YOU KNOW WHAT I MEAN? THEY PARK AND THEY COME GET OFF AND TALK TO ME REAL QUICK AND THEN THEY LEAVE AND SHE COMPLAINS ABOUT THAT.AS FAR AS THE MUSIC, I LIKE LISTENING TO MUSIC WHEN I'M OUTSIDE, I LOWERED IT DOWN THREE QUARTERS AWAY AND SHE STILL COMPLAINS.
NOW I KNOW THIS HAS NOTHING TO DO WITH IT, BUT SHE DOES SMOKE WEED AND THAT MIGHT AMPLIFY THE, THE NOISE LEVEL POINT VOTER POINT VOTER.
I, IT IT AMPLIFIES THE, THE NOISE, YOU KNOW WHAT I MEAN? SO THAT'S WHAT YOU GOTTA STAY ON POINT.
WE'RE JUST HERE TALKING ABOUT THE CARDBOARD.
WELL, I'M JUST SAYING BECAUSE, UH, SHE COMPLAINED ABOUT THE NOISE AND ALL THAT, SO I'M JUST TRYING TO JUSTIFY AND SHE'S SAYING THAT, OH, I HAVE THE, ALL THESE PEOPLE COMING IN AND OUT.
SARAH, WE NEED TO STICK TO THE CARPORT ISSUE PLEASE.
AND YOU'RE SETBACKS AND YOUR ENCROACHMENTS, LIKE I SAID, THE FRONT ONE SHOULDN'T BE AN ISSUE.
SHE ASKED ME IF SHE BUILT HER GATE ON THE POST.
I HAD ASKED HER BEFORE I BUILT THE CARPORT IF I BUILD IT THERE, AND SHE GAVE ME PERMISSION.
SO THE ONE IN THE ISSUE IS THE ONE IN THE BACK.
SO IF SHE HAS AN ISSUE WITH THAT ONE, I WOULD TAKE IT DOWN GLADLY.
AND, UH, JUST TO AVOID ANYTHING ELSE WITH HER.
I'M JUST TRYING TO SAVE MY FRONT CARPORT, THAT'S ALL.
ALRIGHT, ANY OTHER QUESTIONS BEFORE WE MOVE ON? HEARING NONE? YEAH, I'M SORRY.
IT'S, IT'S OKAY UNLESS A COMMISSIONER HAS A QUESTION FOR YOU.
SO WHO WOULD LIKE TO MAKE A MOTION ON THIS ONE? I'LL DO IT IF NO ONE WANTS TO GO AHEAD.
UM, REGARDING CASE NUMBER BO 8 25 103 0 0 0 2 8, I MOVE AS A BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A ONE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FEET, UH, FENCE HEIGHT TO ALLOW A FOUR FOOT FENCE PRIVACY FENCE IN THE FRONT YARD, SITUATED AT 1 58 ORIENTAL AVENUE APPLICANT BEING ANTONIO MEDRANO.
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 PROVISIONS OF THE U AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHARACTER STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS A FOREFOOT FRONT YARD PRIVACY FENCE WILL PROVIDE SECURITY AND PRIVACY FOR THE RESIDENTIAL STRUCTURE AND WILL NOT INJURE THE NEIGHBORING PROPERTIES OR IMPEDE THE RIGHT OF WAY.
B, THE PUBLIC WELFARE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE ADDITIONAL FENCE HIDE PROVIDES PRIVACY AND ADDITIONAL SECURITY TO THE SUBJECT PROPERTY AND ABUTTING PROPERTIES.
SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE SPECIAL EXCEPTION APPEARS TO CREATE SEPARATION AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES AND WILL BE WITHIN ONE FOOT OF THE UDC FENCE GUIDELINES.
D 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 ADDITIONAL FENCE HEIGHT DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE DISTRICT, FOR THE SPECIFIC DISTRICT THAT REQUESTED SPECIAL EXCEPTION WILL NOT ALTER, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND WILL PROVIDE PRIVACY FOR THE SUBJECT PROPERTY AND OF MOTION.
I WILL CONCUR WITH THIS PART OF THE, UH, MOTION FOR THE SPENCE HEIGHTS.
I DON'T SEE A PROBLEM WITH IT.
UM, WOULD YOU CON, UH, CONSIDER PUTTING A RESTRICTION ON IT TO BE, UM, AS CURRENTLY BUILT SO IT DOESN'T GET ANY CLOSER TO THE STREET? CORRECT.
I I WILL CONCUR WITH THAT THEN.
UM, AGREE WITH THAT POSITION COMM COMMISSIONER EZ? UM, I I JUST WANT SOME CLARITY BECAUSE I UNDERSTOOD THAT, UM, MR. MEDRANO'S, THAT FENCE WAS NOT BUILT BY HIM, SO THE FENCE WAS BUILT, UH, BY THE NEIGHBOR.
SO SHOULD IT REALLY BE IN THIS? WELL, HERE'S THE, THIS IS THE INTERESTING PART.
SO THEORETICALLY THE NEIGHBOR SHOULD BE GETTING A VARIANCE, BUT IF THE, IF BOTH PEOPLE DON'T JOIN IN, ONLY ONE PERSON'S ALLOWED TO HAVE THE FENCE, THE OTHER ONE ISN'T, THIS WOULD AT LEAST ALLOW HER TO KEEP THE FENCE.
I WOULD ALLOW HER TO KEEP THE FENCE.
UM, AT LEAST MAKE IT EASIER FOR
[02:30:01]
HER TO ALSO GET A VARIANCE, UH, IN THE FUTURE IF IT EVER FOUND WHERE THE PROPERTY LINE IS IN RELATION TO THE FENCE, WHICH IS QUESTIONABLE.SO IT CAN STILL BE PART OF THIS REQUEST? I WOULD THINK SO.
YEAH, AND THAT'S HOW I UNDERSTOOD IT AS WELL, AND THAT'S WHY I, YEAH, MS. CRUZ AND I HAD THAT DIALOGUE DURING THE MOTION OR PRIOR TO THE MOTION AND UNDERSTOOD THAT OURSELVES.
AND, AND SO THAT'S WHY I THINK WE AGREE WITH THAT.
SO WITH THAT, THAT VERBAL CALL VOTE COMMISSIONER CRUZ? YES, I CONCUR.
SO DID, DID WE SPEAK ON EVERYTHING? SO DID YOU GIVE YOUR OPINION? YES.
YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ, I I NEED SOME CLARITY.
COMMISSIONER OZUNA? YES, I CONCUR.
SO THE FENCE HEIGHT PASSES, UH, UNANIMOUSLY NOW ONTO THE SETBACK.
AND I'LL GO AHEAD AND READ THAT ONE.
UH, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 0 28, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE SETBACK TO ALLOW, UH, A THREE TO ALLOW THREE FEET FROM THESE PROPERTY LINE TO ALLOW STRUCTURE FOR THREE FEET FROM THESE PROPERTY LINE AND TWO, A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CORE CAR PORT TO BE ONE INCH FROM THE FRONT SITUATED AT 1 58 ORIENTAL AVENUE APPLICANT BEING ANTONIO MEDRANO.
BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS SETBACKS WILL PROVIDE ENOUGH SPACE BETWEEN ABUTTING PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO RECONFIGURE OR REMOVE THE ACCESSORY STRUCTURES AND THE CARPORT TO MEET REQUIREMENTS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS OF REDUCED FRONT, UH, INSIDE SETBACKS PROVIDE A REASONABLE DISTANCE FROM THE RIGHT OF WAY AND ABUTTING PROPERTIES.
FOUR, THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJU THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE REDUCED FRONT AND SITE SETBACK WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AS REDUCED FRONT AND SIDE SETBACKS PROVIDE A SAFE DISTANCE BETWEEN THE RIGHT OF WAY AND THE NEIGHBORING PROPERTIES.
SIX, APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF HIDES APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCES.
SAW IT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
SECOND, MR. CHAIR, WOULD YOU CONSIDER A, UM, DEFINING THE SPECIFIC AREA THAT THE VARIANCE WOULD APPLY TO VERSUS THE ENTIRE EAST SIDE OF THE PROPERTY LINE? AS THE, UH, I STARTED WITH THAT.
I WAS, I WAS LOOKING FOR, UH, PEOPLE IN THE, UH, THE COMMISSIONERS TO CHIME IN AND LET ME KNOW WHAT SHOULD BE ALTERED.
SO I, THE APPLICANT PROVIDED TESTIMONY THAT HE WOULD BE WILLING TO REMOVE THE PORTION OF THE, THAT WAS IN THE REAR.
UM, SO I WAS, I JUST READ IT AS A WHOLE SIDE BECAUSE WHETHER HE MOVES IT OR NOT, TO ME IT'S, YOU KNOW, IF IT'S THREE FEET AWAY, THEN THAT SERVES A PURPOSE FOR ME, BUT RIGHT.
COMMISSIONER STEVEN, YOU, YOU BASICALLY DEFINED THREE FOOT SETBACK ALONG THE ENTIRE EAST PROPERTY LINE.
A TWO FOOT SETBACK? WELL, TWO FOOT VARIANCE.
YEAH, BECAUSE THAT'S, IN THIS AREA, THREE FOOT IS A, WAS WHAT WAS STANDARD.
AND SEEMS LIKE IT'S FINE TO ME, BUT I'M LOOKING FOR ANY INPUT.
SO, AND, AND THE ONLY CALL OUT IS, UM, IT'S FROM THE PROPERTY LINE AND NOT THE FENCE.
AND SO, SO THE, SO THE APPLICANT, UH, WOULD NEED TO VERIFY THE PROPERTY LINE TO MAKE SURE THAT THEY AREN'T ENCROACHING ON THAT? YES.
SO THE FENCE IS NOT, THE PROPERTY LINE IS, IS PER TESTIMONY PROVIDED BY, UH, RIGHT.
I MEAN THAT IT'S, I I JUST THINK THAT IN THIS PART OF TOWN, THREE FOOT WAS A PREVALENT SETBACK.
YEAH, NO PROBLEM WITH THE, NO PROBLEM WITH THAT DIALOGUE.
[02:35:01]
UH, THE, THE APPLICANT ABOUT THAT LINE AND, AND RIGHT.AND, AND I READ THE FRONT AS IT REQUESTED BECAUSE THE SETBACK, UH, FROM THE FRONT TO THE FRONT SIDEWALK, UH, IT LOOKS LIKE THERE'S, IT'S OKAY, SO I, THAT DIDN'T BOTHER ME.
SO IS THERE ANYONE ELSE LIKE TO ADD? SO, YOU KNOW, AND ADDITIONALLY, WELL, SO, UH, COLLINS GARDEN, UH, IS OPPOSING THIS, YOU KNOW, SO, AND I'M NOT QUITE SURE WHAT IT, WHAT ALL THAT THEY ARE OPPOSING.
AND YOU KNOW, WHEN I DO GOOGLE DRIVE, I DON'T SEE ANY OTHER CARPORTS HERE THAT ARE FRONTING THE STREET.
AND SO, SO, UM, YOU KNOW, SO THAT MAY BE OF CONCERN I GUESS JUST IN GENERAL.
I MEAN, IF YOU WOULD LIKE ME TO MAKE AN AMENDMENT, JUST LET ME KNOW.
I, I, I WAS MORE CONCERNED WITH THE SITE SETBACK.
BUT, BUT AGAIN, YOU KNOW, JUST TRYING TO, YOU KNOW, UM, AND THE REQUEST GOES OUT TO THE CITY WHENEVER IT IS THAT WE DO GET A RESPONSE, YOU KNOW, THAT WE DO GET SOME CLARIFYING POSITIONS JUST BECAUSE OTHER THAN JUST NO, 'CAUSE THAT'S BASICALLY WHAT THEY SAID.
AND SO IT'D BE NICE TO KNOW WHAT IT WAS THAT THEY WERE ALL OBJECTING TO.
AND IF IT'S A HUNDRED PERCENT, WHICH I'M GOING TO ASSUME IT WOULD INCLUDE THE FRONT, THE FRONT DISTANCE, YOU KNOW? RIGHT.
WELL LET'S SEE HOW THIS TURNS OUT.
CHAIR ION, I CONCUR THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BOEZ? YES, I CONCUR.
AND IS ANYBODY ON THE PREVAILING SIDE WANT TO, UH, BRING THIS BACK UP? JUST IF THERE'S ANYTHING THAT THEY COULD GET BEHIND OR DO YOU WANT TO, UH, LOOK GOING ONCE ANNA, COMMISSIONER MANNA.
SO, UM, YOU KNOW, IN THE PAST WE'VE TALKED ABOUT THE FIVE FOOT AND PUSHING 'EM BACK TO THE FIVE FOOT LINE.
UM, SO LOOKING DOWN THE STREET, I DO SEE THAT THERE ARE OTHER STRUCTURES.
THEY LOOK CLOSER TO 10 FOOT, BUT FIVE FEET WOULD PROBABLY BE MORE IN LINE TO WHAT IT IS THAT WE'VE DONE IN THE PAST WITH REGARDS TO THESE, YOU KNOW, LOOK AT THE NEIGHBORHOOD AND, YOU KNOW, CONSISTENCY.
AND SO PERSONALLY I WOULD BE OKAY WITH PUSHING TO FIVE FEET WITH REGARDS TO THE, THE FRONT SETBACK.
WILL YOU MOVE TO RECONSIDER, MOVE TO RECONSIDER SECOND.
UM, WE, THIS THE CASE CAN NOW BE RECONSIDERED.
UM, I'LL START OFF WITH MOVING, UH, EXACTLY WHAT I SAID BEFORE, WITH THE EXCEPTION OF THE FRONT SETBACK BEING A FIVE FOOT VARIANCE, UH, TO ALLOW, UH, A STRUCTURE CARPORT TO BE FIVE FEET FROM THE FRONT PROPERTY LINE.
IS THERE A SECOND FOR THAT? SECOND? OKAY, SO THERE'S A SECOND FOR THAT.
WHAT DO YOU THINK COMMISSIONER, MAN? YEAH, I THINK SO.
YOU KNOW, AGAIN, AS I STATED, UM, YOU KNOW, DRIVING DOWN THE STREET, I DO SEE THAT THERE ARE OTHER STRUCTURES AND SO IT DOESN'T LOOK AS OUT OF, OUT OF SORTS WITH REGARDS TO THE REST OF THE COMMUNITY.
AND SO, SO I WOULD BE SUPPORTING THAT AS READ.
ANY OTHER COMMISSIONERS LIKE TO ADD? ALL RIGHT, LET'S HAVE A ROLL CALL.
WE'RE IN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER BUNIA? YES, I CONCUR.
SO WHAT JUST HAPPENED IS, UH, FOR THE APPLICANT, UM, WE COULDN'T APPROVE WHAT YOU ORIGINALLY ASKED FOR, BUT WE APPROVED TWO FEET, UH, VARIANCE ON THE SIDE AND FIVE FEET ON THE FRONT.
AND IF YOU HAVE ANY QUESTIONS, STAFF WOULD HAPPY TO ANSWER THEM FOR YOU.
AND ALSO I'D RECOMMEND, YOU KNOW, THERE'S A NOISE ORDINANCE THAT THE CITY HAS THAT I DON'T KNOW IF YOU'VE TRIED CALLING THE CITY, THE 4 1 1 OR THE NUMBER, IF THERE'S NOISE COMPLAINTS THERE, CITY HAS RESOURCES AVAILABLE.
WHAT'S FOUR? ONE ONE INFORMATION.
BUT THAT STILL EVEN STILL WORKS.
OH GOSH, I REMEMBER THAT GROWING UP.
[ Approval of Minutes ]
NEXT IS THE MINUTES.DOES ANYBODY, EVERYBODY, UH, HAVE A CHANCE TO READ ANY
[02:40:01]
AMENDMENTS? SO I JUST HAD ONE SLIGHT ONE, WHICH, UM, I GAVE IT TO THE STAFF AND IT WAS ON THE CONTINUING OR THE CHANGE OF DATE, AND I THINK IT WAS MADE BY STEVENS AND NOT MANNA.AND SO, SO THEY'RE GONNA GO BACK AND LISTEN TO IT, JUST TO CONFIRM.
SO THAT WAS THE ONLY CHANGE THAT I SAW.
DO YOU REMEMBER? I DON'T RECALL.
SO IS THERE A MOTION TO APPROVE? MOTION TO APPROVE WITH JUST THAT ONE SLIGHT REVIEW FROM THE CITY TO CONFIRM WHO ACTUALLY MADE THAT ONE MOTION.
IS THERE A SECOND? I CONCUR WITH THE CHANGES.
ALL IN FAVOR AS AMENDED BY BROUGHT UP BY COMMISSIONER MANNA.
ANY OPPOSED? HEARING? NONE MINUTES.
SO APPROVED, UH, PENDING STAFF'S REVIEW OF, OF THE, OF THE, UH, THAT ONE ITEM.
[Director’s Report ]
THEIR DIRECTOR'S REPORT TODAY.JUST A QUICK INTRODUCTION TO, UM, MANUEL MATU.
HE'S TAKING THE PLACE OF COLTON.
COLTON IS GONNA TRY A DIFFERENT PLANNING POSITION STILL ON THE SAME TEAM.
IS THIS YOUR FIRST MEETING YOU'VE ATTENDED? YOU, YOU DIDN'T SIT IN ON ANY AND FIRST OFFICIAL MEETING? THE HE HE PRESENTED AT THE LAST ONE JUST AS A, HE WANTED TO TRY IT OUT.
HE DIDN'T KNOW HE WAS GONNA GET TO STAY
YEAH, I'LL SAY ALL THE MEETINGS END AT THREE 30, SO YEAH, DON'T WORRY ABOUT IT.
ALRIGHT, SO IF THERE'S NOTHING ELSE, IT IS THREE 50 WORD ADJOURN.