[00:00:02]
IS EVERYBODY, UH, UM, HOOKED UP ON ZOOM AND GOOD COMMUNICATION.
ARE WE RECORDING? ALRIGHT, WE'RE WAITING.
WE ARE WAITING ON COMMISSIONER BENAVIDEZ, UH, TO LOG IN.
I'M GONNA GO THROUGH SOME OF THE UH, UM, HOUSEKEEPING WHILE WE'RE WAITING ON THAT.
I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION.
IF WE GET A SPANISH INTERPRETER, COME OUT AND DO THE PRESENTATION, PLEASE.
GOOD AFTERNOON EVERYONE WHEN I START THIS.
UH, IF YOU STAFF COULD PLEASE CALL RO COMMISSIONER BARRINGTON.
SO WE HAVE 10, UH, FOR NOW, SOON TO BE 11.
IF EVERYONE COULD PLEASE STAND AND JOIN ME WITH THE PLEDGE I TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION BEYOND IS VISIBLE LIBERTY JUSTICE FOR ALL.
IP TO THE TEXAS ONE STATE UNDER ONE INDIVIDUAL.
UH, CAN I GET SOME COMPUTER ASSISTANCE FROM THE, UH, STAFF COMMISSIONER BENAVIDEZ? CAN YOU HEAR US? YES, I CAN.
[ Briefing and Possible Action on the following items ]
SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.UH, THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN THE PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES AND REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE 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 REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS AND DECISIONS OF THIS BOARD REGARDING APPEALS FOR AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
UH, PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE.
AND I JUST WANTED TO TAKE A MOMENT FOR THOSE WHO WILL BE COMING UP AND SPEAKING.
UH, THAT TO MAKE SURE YOU SPEAK INTO THE MICROPHONE.
IT DOES MOVE AROUND, BUT YOU HAVE TO GET A LITTLE CLOSE TO IT.
UH, AND THERE IS A LASER POINTER
[00:05:01]
FOR THOSE WHO MAY NEED ONE.SO STAFF THANK YOU STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THE PRESENTATION AND ANY QUESTIONS ABOUT A BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE FOR SPECIAL EXEMPTION, YOU'LL BE CALLED IN AN ORDER TO SIGN UP TO SPEAK.
THOSE IN SUPPORT IN OPPOSITION WILL BE ALL ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALL ALLOWED OF MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVEN AT THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH THREE LIMITED TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
UM, I UNDERSTAND ITEM NUMBER FOUR IS POSTPONED.
UH, ARE THERE ANY ITEMS THAT ARE REQUESTING A CONTINUANCE AT THIS TIME? NONE THAT HAS BEEN COMMUNICATED TO STAFF.
SO WE'LL BEGIN WITH ITEM NUMBER ONE.
ITEM NUMBER ONE IS BO OA DASH 25 DASH 1 0 3 0 0 1 7.
UH, THE ADDRESS IS ONE 18 CALLAHAN AVENUE, UNITS A AND B AND COUNCIL DISTRICT ONE.
THE APPLICANT IS JAMALA KU AND THE REQUEST IS FOR A PARKING ADJUSTMENT TO WAIVE THE REQUIRED TWO OFF STREET PARKING SPACES FOR TWO SHORT-TERM RENTALS AND TWO, UH, A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
THE CURRENT ZONING IS RM FOUR FOR RESIDENTIAL MIXED AND THIS IS, UH, CONTINUANT FROM THE MARCH 10TH HEARING.
UH, AGAIN, THE SUB THE SUBJECT PROPERTY IS LOCATED AT ONE 18 CALLAHAN UNIT A AND B SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
UH, THE APPLICANT IS SEEKING A PARKING ADJUSTMENT TO WAIVE THE TWO REQUIRED OFF STREET PARKING SPACES FOR TWO SHORT-TERM RENTALS AND TWO, A SHORT-TERM, OR I'M SORRY, TO A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM PERMIT ON THE BLOCK PHASE.
THE TYPE TWO SHORT-TERM RENTAL PERMIT FOR UNIT B IS ALLOWED BY RIGHT AS EACH BLOCK PHASE IS ALLOWED AT LEAST ONE TYPE TWO SHORT-TERM RENTAL PERMIT.
HOWEVER, UNIT B DOES REQUIRE A WAIVER OF THE OFF STREET PARKING SPACE BEFORE THAT PERMIT CAN BE ISSUED.
UM, UNIT A HOWEVER, REQUIRES BOTH A PARKING WAIVER AND A SPECIAL EXCEPTION TO EXCEED THAT BLOCK FACE DENSITY FIRST SECTION 35 DASH 37 4 0.01 OF THE CITY CODE TYPE TWO SHORT TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK PHASE.
UM, LASTLY, THE SHORT TERM RENTAL ORDINANCE STATES THAT AN OFF STREET PARKING SPOT SHOULD BE PROVIDED TO QUALIFY FOR A PERMIT.
UM, SO THIS IS THE TYPE TWO DENSITY COUNT.
UM, THERE ARE EIGHT UNITS ALONG THIS BLOCK PHASE FROM ONE 14 CALLAHAN AVENUE ALL THE WAY DOWN TO ONE 40.
UM, AGAIN, CURRENTLY THERE ARE NO ACTIVE TYPE TWO SHORT-TERM RENTALS.
UH, THERE ARE TWO ACTIVE TYPE ONE SHORT-TERM RENTALS.
UM, IF THIS SPECIAL EXCEPTION AND BOTH PARKING ADJUSTMENTS ARE APPROVED, THERE WILL BE A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS ON THIS BLOCK FACE.
TOTAL 25% DENSITY OF THE CURRENT UNITS.
UM, AND THERE ARE NO CODE ENFORCEMENT HISTORY FOUND AS WELL AS NO ACTIVE LISTINGS.
AND THIS IS A SITE PLAN FOR BOTH UNITS A AND B, AND THEN THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE PARKING ADJUSTMENT STAFF RECOMMENDS A DENIAL, AND FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS A DENIAL FOR, UM, FOR IT AS WELL.
AND THIS IS THE NOTIFICATION PLAN.
STAFF MET OUT 23 NOTICES WE RECEIVED FOUR, UM, IN OR BEFORE IN FAVOR TO AN OPPOSITION.
UM, THE LACA NEIGHBORS ASSOCIATION IS AN OPPOSITION OF THE REQUEST AND THEN THE CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
MY HUSBAND AND I ARE THE OWNERS OF ONE 18 CALLAHAN.
SO IN THE LAST MONTH, UM, I'VE REACHED OUT TO SEVERAL NEIGHBORS AND THE LAVACCA NEIGHBORHOOD ASSOCIATION.
UM, THIS DOES STILL SHOW OPPOSITION FROM THE ASSOCIATION.
[00:10:01]
A VOICEMAIL THAT WAS RECEIVED EITHER FRIDAY OR THIS MORNING.UM, WE KIND OF CAME UP WITH, UM, AN AGREEMENT WE THOUGHT WOULD WORK WITH EVERYONE.
UM, MY HUSBAND AND I HAD ASKED FOR ALL OF THE VARIANCES BECAUSE THAT'S, WE WERE UNDER THE IMPRESSION THAT THAT IS HOW UM, THE PROPERTY HAD OPERATED PREVIOUSLY.
SO AFTER TALKING WITH THE ASSOCIATION, WE DECIDED THAT, UH, UNIT A, UNIT A WOULD OPERATE AS A LONG TERM RENTAL AND UNIT B, THE THE UNIT BY RIGHT.
UH, THEY WERE WILLING TO LET THAT OPERATE AS A SHORT TERM RENTAL, BUT I WOULD STILL REQUIRE THE PARKING VARIANCE BECAUSE WE HAVE NO OPTION TO PARK ON OUR LAND.
UM, WE WERE TOLD BEFORE THE, BEFORE WE PURCHASED THE PROPERTY THAT THE LOT HAD BEEN SPLIT BY THE CITY.
AND SO, UH, WHERE OUR PROPERTY HAD PARKING BEFORE WAS, IS NOW A NEW HOME, A NEW BUILD.
UM, SO THAT'S KIND OF WHERE WE ARE.
WE'RE REALLY JUST ASKING FOR THE ONE PARKING VARIANCE, UH, FOR UNIT B.
AND, UM, LET'S SEE IF WE HAVE ANY QUESTIONS.
IS THERE ANY QUESTIONS FROM THE COMMISSION? ALRIGHT, IS THERE ANY VOICEMAILS PUBLIC? UH, ANYONE SEND 'EM DISPUTE? ONE VOICEMAIL.
ALRIGHT, LET'S HEAR THE VOICEMAIL.
HI, THIS IS MELISSA SENDAL CALLING ON BEHALF OF THE BOARD OF THE LAVACCA NEIGHBORHOOD ASSOCIATION FOR ITEM NUMBER ONE, CASE 0 1 7 4 ADDRESS 1 1 8 CALLAHAN AVE.
UH, IT IS OUR UNDERSTANDING THAT THE APPLICANT IS MODIFYING THE REQUEST TO BE FOR A VARIANCE FOR, UH, ONE OFFSITE OFF, SORRY, OFF STREET PARKING SPOT FOR PLANS TO OPERATE ONE, UH, TR TWO AND, UH, THAT THE APPLICANT HAS A SUPPORTIVE NEIGHBORS VIA A PETITION.
UH, WITH THAT MODIFICATION, THE L AND A CAN WITHDRAW THE OBJECTION THAT WAS SUBMITTED WITH THE ORIGINAL, UH, WITH THE ORIGINAL CASE LAST MONTH.
AND I DID GO BACK THROUGH SOME OF THE HISTORIC, UH, STREET VISAS AS FAR AS BACK AS OH SEVEN.
THERE'S NEVER BEEN, UH, PARKING SPACE AT THIS, AT THIS, UH, RESIDENCE.
SO, ALL RIGHT, IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO OA DASH 25 DASH 0 3 0 0 0 1 7.
I MOVE THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR A TYPE TWO SHORT TERM RENTAL SITUATED AT 1 0 1 8 CALLAHAN AVENUE.
IS THIS UNIT A OR B? THIS WOULD BE UNIT B.
UNIT B APPLICANT BEING JAMAL OAK O OCO.
YEAH, I THINK IT'S THE NEXT PAGE IS THE ONE, SO, OKAY.
REGARDING CASE NUMBER BO OA DASH 25 DASH 0 3 0 0 0 1 7, I MOVE THE BOARD OF ADJUSTMENT GRANT OR REQUEST FOR PARKING ADJUSTMENTS TO WAIVE THE TWO REQUIRED OFF STREET PARKING SPACES FOR A JUST ONE.
JUST ONE ONE REQUIRED OFF STREET PARKING SPACE SITUATED AT 1 1 8 CALLAHAN AVENUE, UNIT B.
APPLICANT BEING JAMAL OL BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THOUGH LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THE APPLICANT HAS SUCCESSFULLY DEMONSTRATED THEY MEET THE CRITERIA FOR A PARKING WAIVER.
UM, I'LL BE IN SUPPORT OF THIS MOTION.
UM, AS THE CHAIR POINTED OUT, THERE WAS NO PARKING, UH, FOR THIS PROPERTY PREVIOUSLY.
SO REGARDLESS IF THEY WERE, IF IT WAS A SHORT-TERM RENTAL OR A LONG-TERM RENTAL, THEY WOULD BE IN THE SAME SITUATION.
SO I'LL SUPPORT COMMISSIONER UNA.
I'M SUPPORTING, UH, THE NEIGHBORHOOD ASSOCIATION OF VODKA.
JUST VOICED THEIR SUPPORT FOR THE PARKING VARIANCE.
ALSO, THE SURROUNDING NEIGHBORS, IF YOU LOOK, THEY, UH, ALSO PROVIDED, UH, SUPPORT FOR THE REQUEST.
SO GIVEN THE, UH, SUPPORT FOR THE COMMUNITY, I AM SUPPORTING THE MOTION AS READ.
ANYONE ELSE LIKE TO ADD? MANNA? COMMISSIONER MANNA, THANK YOU VERY MUCH FOR REACHING OUT TO THE NEIGHBORHOOD ASSOCIATIONS THAT IS SO IMPORTANT, I THINK FROM MANY OF US ON THE BOARD.
IF THERE'S NO ONE ELSE, LET'S HAVE A ROLL CALL.
I, I CONCUR WITH THE FINDINGS OF ACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
SENATOR STEVENS? YES, I CONCUR.
[00:15:01]
IBANEZ? I CONCUR.COMMISSIONER DEAN? NO, I DO NOT CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER MANNA I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ I CONCUR.
CHAIR O AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF.
ALRIGHT, AGENDA ITEM TWO IS BO O 8 25 1 0 3 0 0 0 1 4.
ADDRESS IS ZERO SIX ODELL STREET COUNCIL.
DISTRICT ONE APPLICANT IS DO SOTH PROPERTIES.
A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE PROPERTY.
SUBJECT PROPERTY IS LOCATED ALONG ODELL STREET, EAST OF SAN PEDRO AVENUE, LOCATED WITHIN THE KENWOOD NEIGHBORHOOD ASSOCIATION.
APPLICANT STATED THAT THE BUILDERS MISSED FOLLOWING THE SITE PLAN OR THE PROPERTY LINE WAS MISINTERPRETED AT THE TIME OF CONSTRUCTION AND FOUNDATIONAL PILLARS ENDED UP PUTTING THE PROPOSED STRUCTURE WITHIN ONE INCH OF THE PROPERTY LINE.
THE ORIGINAL PERMIT WAS FILED BEFORE THE RM FOUR UNDER A THIRD OF AN ACRE RULE AND SHOWED THE STRUCTURE ABIDING BY THE FIVE FOOT FEET SIDE SETBACK.
THE APPLICANT ADDITIONALLY OWNS THE LOT THAT IS BUDDING WHERE THE VARIANCE IS BEING REQUESTED.
THIS IS THE SIDE PLAN, THIS IS THE SUBJECT PROPERTY, MORE OF THE SUBJECT PROPERTY, AND THIS IS THE REAR OF THE PROPERTY.
IT WOULD BE THE SIDE, THE RAILROAD RIGHT OF WAY AND YOUR SURROUNDING AREA.
STAFF RECOMMENDATIONS, SITE SETBACK VARIANCE.
STAFF RECOMMENDS DENIAL AND BOA 25 1 0 3 0 0 0 1 4 BASED ON THE FOLLOWING, INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF.
FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE.
SIGNIFICANT SPACE EXISTS TO DEVELOP ON THE PROPERTY AND THE RAILROAD RIGHT OF WAY PROVIDES ADDITIONAL DEVELOPMENT AREA NOTIFICATION PLAN.
STAFF NOTE THAT 18 NOTICES THEY WERE RETURNED IN FAVOR, ZERO IN OPPOSITION AND NO RESPONSE FROM THE KENWOOD NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
ALL RIGHT, THANK YOU VERY MUCH.
LET'S HAVE THE APPLICANT COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
I'M ONE OF THE OWNERS OF, UH, DO SOUTH PROPERTIES AND THIS PROJECT.
AND, UH, JUST IT AS A REMINDER, WE KIND OF HAD GONE THROUGH THE HISTORY OF THE, UH, PROJECT AND HOW WE'RE OUR CONTRACTORS KIND OF LEFT US ON OUR OWN AT THIS POINT.
AND SO WE'RE GONNA WORK IT OUT.
WE'RE TRYING TO GET THIS THING BACK ON, ON TRACK.
UH, WE DID PUT YOUR RECOMMENDATION, GO AHEAD AND, UH, GET AN EASEMENT IN PLACE.
UH, CAN YOU PULL UP THAT SLIDE FOR ME PLEASE? SO WE HAVE A FIVE FOOT, UH, MAINTENANCE EASEMENT THERE.
UM, THAT WAS, UH, PUT INTO PLACE FOR THAT.
AND THE NEXT SLIDE, AND PER, I DON'T SEE HER HERE, UH, THIS TIME, BUT THERE WAS, UH, SOME CONCERN ABOUT THE PROXIMITY OF BUILDINGS ON THE OTHER LOT.
AS YOU CAN SEE FROM THIS PICTURE, WHICH I TOOK YESTERDAY AFTER CUTTING THE GRASS, THAT THE, UH, WE, ME AND MY PARTNERS HAVE AGREED TO, UM, REVISE OUR PLAN, REMOVE THE BUILDING THAT WAS SO CLOSE TO THAT, THAT WOULD'VE BEEN SO CLOSE TO THAT ONE.
UH, WE MAY JUST DO A SECOND DUPLEX ON THAT NEXT PROPERTY, OR WE MAY JUST START FROM SCRATCH.
WE ALREADY HAVE A PERMIT FOR IT, FOR IT, BUT WE'RE THINKING THAT WE MAY JUST BAG IT AND JUST GO WITH A MORE TRADITIONAL BUILD THERE.
UH, AND THEN, AND THAT'S REALLY ALL I'VE GOT FOR TODAY, EXCEPT I DID ONE MORE
[00:20:02]
JUST AS A, THIS IS A, A FOLLOW UP.I'M SURE YOU DON'T GET THESE VERY OFTEN, BUT ABOUT TWO YEARS AGO I WAS HERE ON THIS, UH, ASKING FOR A VARIANCE FOR LOT SIZE AND A GOVERNMENT HILL PROJECT.
AND, AND THIS IS WHERE WE'RE AT TODAY.
WE GOT THE VARIANCE, WE GOT A NICE LITTLE HOUSE GOING IN THERE AND, UH, IT SHOULD BE DONE HERE HOPEFULLY IN, UH, EARLY, EARLY SUMMER.
AND, UH, STAFF, CAN YOU BRING UP THAT EASEMENT AGAIN? THERE IT IS.
UH, SO IT, IT, IT LOOKS LIKE THE SURVEYOR SAYING THAT THAT EXISTING STATE, OH, IT'S A STAKED THAT'S NOT BUILT YET.
THAT WAS JUST A STAKING FOR THE STORAGE BECAUSE IT SAYS THAT IT'S, UH, WHAT IS THAT ONE FOOT SEVEN AWAY FROM THE SIDE? I WAS WONDERING IF THAT WAS ANY OF ANY ISSUE.
UH, UH NO, I THINK WE HAD RECEIVED A, UH, DURING THE PLANNING REVIEW BECAUSE IT WAS THE RAILROAD SIDE.
UH, THEY LET THAT BE CLOSE TO THAT, THE RAILROAD RIGHT OF WAY ESSENTIALLY ELIMINATES SETBACK ON THAT SIDE.
UM, JUST WANNA MAKE SURE, UH, GREAT.
IS THERE ANY, UH, QUESTIONS FOR THIS APPLICANT? YES, COMMISSIONER DEAN, CAN YOU REFRESH MY MEMORY HOW THIS GOT, UH, LIKE, UH, WHO YOU HIRED TO PUT IN THE DRILL SHAFTS AND WHY THEY GOT SO KIND OF MISMARKED AND LED TO KIND OF THIS LIKE CROOKED? UH, NOW THAT I SEE THE SURVEY AND I, I NEED MORE FIDELITY TO UNDERSTAND, UH, YOU KNOW, WHY THE MERIT IS HERE.
BECAUSE TO ME IT WAS, IT WAS A MISTAKE AND, YOU KNOW, UH, WE'RE HERE TO HEAR IT, YOU KNOW, AND I NEED TO HAVE A LITTLE BIT MORE BACKGROUND.
SO, UH, WE CONTRACTED WITH A COMPANY METCON TO, UH, THAT WAS SPECIALIZING IN THESE CONTAINER STRUCTURES.
AND THAT WAS WHO SUBMITTED THE ORIGINAL, TOOK IT THROUGH SOME OF THE PLANNING PROCESS.
THEY HAVE SINCE GONE OUT OF BUSINESS.
UM, BUT AS FAR AS WHY THEY ARE OFF, OFF SO FAR ON THE, ON THAT SIDE, I, I DON'T HAVE A GREAT ANSWER WHY THEY MEASURED AND PUT 'EM WHERE THEY DID OR HOW THEY ARRIVED AT THOSE AS THE LOCATIONS BECAUSE WHEN WE WERE PREPARING AFTER THE, UM, PERMITS WERE APPROVED FOR THE ADJACENT LOT, I, I CALLED THE ORIGINAL SURVEYOR AND ASKED HIM TO STAKE THE BOUNDARIES FOR THAT.
'CAUSE WE WERE GONNA PUT THE FENCE IN BETWEEN US AND THE NEIGHBORS.
AND THAT'S WHEN IT BECAME OBVIOUS AT THAT TIME, I WAS LIKE, HEY GUYS, THIS IS, THIS FOUNDATION IS IN THE WRONG SPOT.
AND IT, AND THAT'S AS FAR AS HOW THEY MADE THAT MISTAKE.
I I CAN'T REALLY EXPLAIN MANNA COMMISSIONER MANNA.
SO, UM, YEAH, SO JUST TRYING TO UNDERSTAND.
SO, UM, THE FIRST, WE'RE TALKING ABOUT TWO STRUCTURES MM-HMM
AND THEN SOME OF THE SPACING WAS RELATED TO THAT.
AND SO, SO IF SO, IS IT THAT YOU'RE STILL LOOKING TO HAVE THAT ABILITY? UM, SO JUST TRYING TO UNDERSTAND, DO WE STILL NEED TO EVEN HAVE THE DIALOGUE, UM, YOU KNOW, BASED UPON THE CURRENT PICTURE OF WHERE THE, UM, WHERE THE STRUCTURES ARE? IS, IS THERE EVEN A VARIANCE NEEDED? WELL, HE'S, HE, THIS IS WHAT'S ON THE SURVEY ARE THE STAKED ONES.
THAT'S NOT NO, SO, SO IF YOU GO BACK TO THE PICTURE I JUST TOOK, PLEASE.
SO THE ONES THAT ARE LABELED AS STAKED ARE THE, I'M NOT SURE WHY THEY LABELED THEM AS STAKED, BUT THAT'S THE ONES TO THE LEFT THERE.
AND THEN THE ONES THAT WE'RE ASKING FOR A VARIANCE ON ARE THE ONES TO THE RIGHT, THE PIERS THAT DON'T HAVE ANY BUILDING ON THEM YET.
AND THE INTENTION IS STILL PUTTING THE, SO I MISUNDERSTOOD 'CAUSE I THOUGHT YOU SAID THAT YOU WERE GONNA GO BACK TO NOT OH, I'M, OH, I'M SORRY.
UH, THAT WOULD BE, YOU CAN SEE THE, THE CORD YES.
THAT'S WHERE WE'RE GONNA REVISE OUR PLAN BECAUSE OF THE PROXIMITY OF THIS.
I I WAS A LITTLE CONFUSED HERE, BUT THAT, THAT HELPS.
AND WHAT I, WHAT I RECALL WAS THAT YOU WERE, SO YOUR VARIANCE IS REQUESTING DOWN TO ONE INCH, BUT IT'S, IT, IT VARIES.
IT GOES FROM ONE INCH AT ITS CLOSEST TO ABOUT HOW FAR? UH, WELL THE BACK IS FIVE FEET.
SO AT THAT, THAT FARTHEST PIER THAT IS AT THE SETBACK.
SO IT'S JUST THEY SET THE ANGLE, THEY, THEY SET THE REAR IN THE RIGHT PLACE.
THEY JUST ANGLED IT INCORRECTLY.
SO IT, IT'S A VARIABLE FROM FIVE FEET TO ONE ONE INCH.
IS THERE ANY VOICEMAILS, ANYONE SIGNING UP TO SPEAK? IT'S NOT PUBLIC COMMENT.
ARE THERE ANY ADDITIONAL QUESTIONS FROM THE COMMISSION? YES, COMMISSIONER DEAN, THE DRILL SHAFTS ON THE EXISTING STRUCTURE WITH THE, UH, FOUNDATION, UH, I NOTICED IN ONE OF 'EM, LIKE WHEN YOU, WHEN YOU PLACE THE STRUCTURE ON THERE, THE, UH, UM, WAS IT CONTAINER, SOME OF THE PLATES, UM, ARE THEY POSITIONED PROPERLY, UH, TO THE DES DESIGN, LIKE THE WAY IT WAS DESIGNED? BECAUSE I'M CONCERNED THAT THEY'RE NOT, UM, JUST
[00:25:01]
THE WAY I SEE IT, JUST FROM THE EXISTING PICTURES, THIS IS ALL I HAVE TO LOOK AT, BUT THOSE ARE MY CONCERNS.SO THE PLAN MOVING FORWARD, IF, IF THIS VARIANCE IS, UH, AWARDED IS WE'RE GONNA, UH, APPROVED, IS THAT WHEN WE GO TO BRING IN THE OTHER UNITS, THOSE UNITS THAT HAVE BEEN SET ARE TO BE LIFTED AND THEN THEY'RE GONNA PUT BEAMS UNDERNEATH THEM, THE ONES ON THE LEFT AT THE SAME TIME WHEN WE HAVE THE HEAVY EQUIPMENT OUT THERE BETWEEN SPANNING BETWEEN THE ACTUAL IS, IS THAT ANSWER YOUR QUESTION? YEAH, A LITTLE BIT.
UM, AND SO YOU'RE STILL KIND OF EARLY IN THIS, AND I KNOW YOU WENT AND DID THE, UM, EASEMENT.
I MEAN, WOULD IT BE TOO MUCH TO TRY TO GET IT RIGHT LIKE THE FIVE FEET AND YOU KNOW WHAT I MEAN, DOES HAVE UH, YEAH, I DEFINITELY KNOW WHAT YOU MEAN.
AND THEN, AND THAT WAS CONSIDERED, BUT AT THIS POINT, UH, FRANKLY WE'VE LOST SO MUCH MONEY GETTING TO THIS POINT WITH THE COMPANY GOING OUT OF BUSINESS.
THEY TOOK A LOT OF WHAT WE'D INVESTED, YOU KNOW, GIVEN THEM TO WORK WITH IS NOW GONE.
SO WE'RE TRYING TO, TRYING TO
UH, IS THERE ANY OTHER, UH, COMMISSIONER QUESTIONS? ALL RIGHT.
HEARING NONE, I'M LOOKING FOR A MOTION COMMISSIONER MANNA, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 1 4.
I MOVED THE BOARD ADJUSTMENT GRANT THE REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE BE ONE INCH FROM THE SIDE PROPERTY LINE SITUATED AT 3 0 6 ODELL STREET, APPLICANT BEING, UH, DUE SOUTH PROPERTIES.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE SHOW THAT THE PHYSICAL CHARACTER, THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THIS REQUEST IS NOT CONTRARY TO PUBLIC INTEREST AS REQUESTED.
SIDE SETBACK VARIANCE WILL BE ABUTTING THE PROPERTY ADDITIONALLY OWNED BY THE APPLICANT AND SUCH PROPERTY WILL BE CONFORMING TO SETBACKS.
TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE SIDE SETBACK ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO RELOCATE AND REBUILD FOUNDATIONAL PILLARS OR REMOVE A DWELLING UNIT FROM THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPHERE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED SIDE SETBACK VARIANCE DOES NOT APPEAR TO BE IN THE SPIRIT, APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE, AS THE PROPERTY WILL BE ABIDING BY ALL OTHER LOT AND BUILDING STANDARDS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS THAT THE SIDE SETBACK VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS THE ABUDDING PROPERTY IS ALSO OWNED BY THE APPLICANT.
AND SAID PROPERTY WILL BE ABIDING BY SETBACKS, ALLOWING SUFFICIENT SPACE BETWEEN STRUCTURES SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASAD IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES ARE NOT CON CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL, ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, IS THE UNIQUE SHAPE OF THE LOT IMPOSED, UH, IMPOSING IRREGULAR BUILDING RESTRICTIONS AND DIFFICULTIES AND A MOTION SECOND, SECOND BY COMMISSIONER CRUZ, COMMISSIONER MANNA.
SO YEAH, I'LL BE VOTING IN FAVOR OF THIS, UM, FOR, UM, I GUESS A COUPLE REASONS.
ONE IS, UM, AS WE'RE NORMALLY REMINDED THAT THERE IS A HOUSING SHORTAGE AND, AND I THINK THIS PROVIDES, UM, A NICE SOLUTION.
THIS, I THINK THE APPLICANT'S COMMITMENT THAT THE, UH, ABUTTING PROPERTY THAT THEY ALSO OWNED IS GOING TO BE DEVELOPED SO THAT THE SETBACKS ARE OBSERVED.
AND SO, SO THAT KIND OF PROVIDES THE, THE SPACE THAT I GENERALLY LOOK FOR BETWEEN THE BUDDING STRUCTURES.
UM, YOU KNOW, UH, YOU KNOW, THEY'RE, THEY'RE GONNA WORK WITH THEM, WHAT IT'S THAT THEY HAVE.
AND, UH, THIRD, WE DIDN'T HEAR ANYTHING FROM THE NEIGHBORHOOD ASSOCIATION.
SO, UM, I'M GOING TO, UM, I GUESS JUST MOVE ON THE FACT, UH, WITH THAT.
AND THEN, SO I'LL BE SUPPORTING THIS MOTION AS READ.
COMMISSIONER CRUZ? UH, YES, I CONCUR MR. MAN.
I, I, I WAS KIND OF HESITANT ABOUT THAT PROJECT, BUT I CAN, BUT I CAN UNDERSTAND WHAT THEY WANNA TRY AND DO, SO I'LL GO AHEAD AND CONCUR WITH THAT.
ANYONE ELSE LIKE TO ADD? DEAN, COMMISSIONER, DEAN, UH, TO ME THIS IS NEW CONSTRUCTION AND I HATE THAT WE HAVE TO SALVAGE THIS LOT, UM, BECAUSE OF THIS MISTAKE.
I JUST DON'T SEE THE MERIT THERE.
[00:30:01]
I FEEL LIKE IT SHOULD, YOU KNOW, EARLY ENOUGH, STILL EARLY ENOUGH TO, UH, REPAIR, UM, BEFORE IT WAS FURTHER, UH, YOU KNOW, BUILT.THE OTHER THING TO CONSIDER IS THIS, UH, AREA IS THESE LOTS ARE THE ONLY LOTS WITH THIS TYPE OF FOUNDATION.
SO IF YOU LOOK AT ANY, UM, OTHER HOUSE, UH, IN THE COMMUNITY, THEY'RE NOT ON PIERS, THEY'RE ON, YOU KNOW, MORE SLAB ON GRADE.
SO THIS IS KIND OF AWKWARD TO LET, UH, HAPPEN, UH, SO CLOSE.
UM, SO THAT, THAT'S ONE THING TO CONSIDER, YOU KNOW, ALLOWING THIS TO MOVE FORWARD, UH, WHEN IT'S NEW CONSTRUCTION AND TRYING TO SALVAGE SOMETHING TO, YOU KNOW, THE, TO BENEFIT.
IS THERE ANYTHING, COMMISSIONER BARTON, UH, NOT A SUBSTANTIVE COMMENT, BUT JUST A LITTLE EDITORIAL CORRECTION, WHICH I HOPE YOU WILL ACCEPT.
UH, UNDER ITEM SIX, THE, UH, PARAGRAPH STAFF FINDS THE UNIQUE CIRCUMSTANCES, PLURAL, EXISTING ON THE PROPERTY, ARE THE UNIQUE SHAPE OF THE LOT.
I ACCEPT THE, UH, ADJUSTMENTS.
ALL RIGHT, ANYONE ELSE? COMMISSIONER RAGMAN? YEAH, I, I'M GONNA BE IN SUPPORT OF THIS MOTION BECAUSE, YOU KNOW, I'M LOOKING AT THE FACT THAT THIS LOT BACKS UP TO A RAILROAD TRACK AND THAT'S NOT THE MOST DESIRABLE PROPERTY TO HAVE, UH, RESIDENTIAL CONSTRUCTION.
SO I THINK THAT THEY ARE DUE A LITTLE LEEWAY, UH, GIVEN THE CIRCUMSTANCES OF WHAT THEY'VE GONE THROUGH WITH THEIR, UM, BUILDER AND THE FACT THAT IT'S LOCATED RIGHT NEXT TO, UM, A RAILROAD TRACK.
ALRIGHT, ANYONE ELSE? UH, COMMISSIONER'S UNIT I'M SUPPORTING AS WELL.
AND, AND JUST THE, MY CONSIDERATION IS THAT THE ONE INCH VARIANCE IS ONLY ONE PORTION OF IT.
IF YOU LOOK AT THE AVERAGE OF THE VARIANCE, IT'S GONNA BE ABOUT TWO AND A HALF FEET BECAUSE OF THE MEETS, THE FIVE FOOT SETBACK AT ONE EDGE OF THE BUILDING, PLUS THE RIGHT OF WAY, THE RAILROAD TRACK, RIGHT? SO I THINK ALL THOSE ARE FACTORED INTO THE, MY CONSIDERATION TO SUPPORT IT.
ANYONE ELSE? YES, COMMISSIONER DEAN.
UH, WE HEARD TESTIMONY EARLIER THAT THE SURVEYOR WAS, YOU KNOW, WAY OFF TO BEGIN WITH IT.
THIS WAS NOT, YOU KNOW, UM, VERY MUCH OF A SMALL ACCIDENT I'LL SAY.
UM, AND SO THIS IS ASKING A LOT TO ME AND I WOULD HOPE THAT, UH, YOU CAN SEE THAT HERE FROM THE GEOMETRY.
I KNOW THE LOT IS VERY UNIQUE.
HOWEVER, UM, THIS MISTAKE WAS, UH, VERY AGGRESSIVE AND, AND US MAKING THIS KIND OF, UH, UM, APPROVAL MAY NOT BE WARRANTED BECAUSE WE'RE THIS EARLY IN THE NEW CONSTRUCTION AND, YOU KNOW, THE DRILL SHAFTS AND KIND OF THE UNIQUENESS OF THAT TYPE OF FOUNDATION VERSUS OTHER FOUNDATIONS IN THE COMMUNITY.
UM, SO JUST WANT TO ADD THAT OUT THERE.
I JUST WANT TO, CAN I CLARIFY? HOLD ON, SIR.
I'M GOING, I'M GOING TO REOPEN THE PUBLIC HEARING.
UM, AND, AND I DO HAVE ONE QUESTION.
MICHAEL WILLIAMS, A SURVEYOR THAT SHOW THERE, WAS HE THE INDIVIDUAL THAT STAKED THIS OR ORIGINALLY NO, SIR.
I WAS JUST GONNA CLARIFY THAT.
WAS IT AS A SURVEYOR THAT STAKED IT OR WAS IT A, UH, THE GUY DOING THE, IT WAS THE GUYS DOING THE ACTUAL CONSTRUCTION.
SO SURVEY, IT WAS NOT A LICENSED SURVEY, IT WAS JUST THE, THE CONTRACTOR THAT, THAT STAKED OUT THE FOUNDATIONS? YES, SIR.
COMMISSIONER DEAN, I'D LIKE IF YOU HAVE ANY QUESTIONS.
SO HOW COME THE ORIGINAL SURVEYOR DIDN'T STAKE IT OUT, UH, TO BEGIN WITH? WHY WAS THAT OVERSEEN? UM, THAT I, I CAN'T EXPLAIN.
YOU KNOW, THAT WAS ON THE, THE CONTRACTOR AND THE SUB WHO ACTUALLY DID THE, THE, THE FOUNDATIONS, THE PI I, I INITIATED THE BOUNDARY RETAKING WHEN WE WERE GETTING READY TO PUT FENCING IN.
AND THEN ON THAT SIDE BETWEEN THE, UH, THE HOUSE AND OUR PROPERTY, THE ONE THAT WE DON'T, DON'T OWN THERE.
AND SO, AND THAT'S WHEN IT BECAME APPARENT TO ME, YOU KNOW, IN HINDSIGHT IT, I WISH, YEAH, THEY WOULD'VE HAD THE SUR PAID THE, THE MONEY TO HAVE THE SURVEYOR COME BACK OUT AND STAKE OUT THE ACTUAL FOUNDATION FOR THEM INSTEAD OF JUST GETTING THE OLD TAPE MEASURE OUT AND THINKING THEY KNEW WHERE THE BOUNDARY WAS.
I THINK WHAT THEY DID IS THEY MEASURED OFF OF THE FENCE LINE, WHICH IS NOT RIGHT ON THE, ON THE ACTUAL SURVEY OR ON THE PROPERTY LINE, MANNA COMMISSIONER MANNA.
SO CAN STAFF BRING UP THE, UH, PICTURE THAT SHOWS THE LOT LAYOUT THAT, UH, YOU HAD UP WITH THE, I GUESS THE OUTLINE OF TWO THEORY? PERFECT.
[00:35:01]
SO, SO ONE OF THE THINGS, YOU KNOW, THAT I LOOK WHEN I SEE THIS PICTURE, YOU KNOW, IT LOOKS LIKE THE STRUCTURE THAT EXISTS, WHICH I BELIEVE IS THE ONE ON THIS PICTURE TO THE RIGHT, YOU KNOW, IS UM, IS NOT FOLLOWING THE ANGLE OF THE FENCE.AND SO, AND THE ONE ON THE LEFT IS THE ONE THAT WE'RE TALKING ABOUT WITH REGARDS TO THE SETBACK.
AND SO IF WE PUSHED IT OVER FIVE FEET, UM, BASICALLY THAT WOULD SHUT THE GAP BETWEEN THOSE TWO FACILITIES.
AND SO TO ME, IF THE, THE REMEDY TO THIS IS THEY WOULD ACTUALLY HAVE TO MOVE BOTH FACILITIES, YOU KNOW, IF WE TAKE A LOOK AT IT.
AND SO I THINK PERSONALLY, I THINK THAT'S QUITE A BIT OF A, A BIG LIFT, YOU KNOW, BEING THAT THEY ALREADY HAVE A STRUCTURE IN PLACE, BUT YOU'LL JUST, OKAY, I UNDERSTAND WHAT YOU'RE, WHERE YOU'RE GOING, BUT YOU KNOW, IT, IT IS MORE THAN JUST MOVING THE ONE AND REDOING IT.
SO I'M GONNA CLOSE A, UH, HEARING BACK UP.
UM, AND I'M GONNA PUT IN MY 2 CENTS ON THIS.
SO, YOU KNOW, WHEN, WHEN WE DO PROJECTS, SOMETIMES THE CONTRACTOR WILL HIRE NOT THE SURVEYOR TO DO THINGS AND SOMETIMES WE HAVE TO COME IN AND TRY TO FIGURE OUT SOLUTIONS AND IT'S FRUSTRATING.
UM, AND THIS ONE, I, I'M, I WILL BE IN SUPPORT FOR TWO BIG REASONS.
NUMBER ONE, YOU REALLY ONLY HAVE ONE PROPERTY THAT IT'S AFFECTING.
AND SO I KNOW YOU CAN MAKE, UH, ACCOMMODATIONS AS YOU MOVE FORTH ON THAT PROPERTY.
THE SECOND THING IS YOU GOT AN EASEMENT.
UM, IT'S, THERE'S PERMITS TO IT.
SO YOU KNOW, ONCE YOU SELL THIS OR SOMEONE'S USING IT, YOU CAN'T JUST GET RID OF IT.
SO LET'S HAVE A ANY IF THERE'S NOTHING ELSE, ZACH? YES, COMMISSIONER? UH, I THINK THIS WAS TOO MUCH OF A OVERSIGHT.
UM, YOU KNOW, FROM THE PICTURE I COULD SEE MINOR MISTAKE, BUT THIS IS LIKE VERY BIG DISTANCE.
UM, SO I WILL NOT BE IN, UH, SUPPORT AND THERE WAS A LOT OF OVERSIGHTS TO WHERE THIS HAPPENED.
AND YOU KNOW, I THINK WE'RE EARLY ENOUGH THAT THIS COULD BE REPAIRED, UM, AT A SMALLER COST THAN, THAN THIS LONG TERM.
UM, AND APPROACHING THE OTHER LOT, EVEN THOUGH HE'S THE OWNER, HE MAY NOT BE THE OWNER FOREVER.
UM, UH, AND THEN THE EASEMENT IS THERE, BUT JUST THE UNIQUENESS OF ALL THOSE PUTTING TOGETHER, UM, I CAN'T BE IN SUPPORT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINDINGS.
HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU VERY MUCH.
ALRIGHT, ITEM THREE, ANOTHER CONTINUANCE.
ITEM NUMBER THREE IS BO O 8 2 5 1 0 3 0 0 0 27.
ADDRESS IS SIX 10 NORTHWEST 20TH STREET COUNCIL DISTRICT FIVE APPLICANT IS SANTOS BARRERA.
A REQUEST FOR A FIVE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A FOUR FOOT EIGHT INCH FRONT SETBACK TO INCLUDE A TWO FOOT FOUR INCH OVERHANG.
UH, ZONING IS RM FOUR, EXCUSE ME, R FOUR.
SUBJECT PROPERTY IS LOCATED ALONG NORTHWEST 20TH STREET, NORTH OF WEST MARTIN STREET, LOCATED WITHIN THE PROSPECT HILL AND WESTIN HOPE IN ACTION.
THE APPLICANT EXPANDED THEIR EXISTING ATTACHED CARPORT WITHOUT PERMIT AND IS PENDING BOARD OF ADJUSTMENT OUTCOME TO PULL A PERMIT FOR EXPANSION TO THE EXISTING CARPORT, THERE'S A 20 FOOT ALLEYWAY TO THE LEFT OF THE PROPERTY, WHICH ELIMINATES THE SIDE SETBACK.
HISTORIC PHOTOGRAPHS SHOW THE ADDITION TO THE HOME AND CARPORT WERE DONE AFTER 2019.
SUBJECT PROPERTY SHOWING THE CARDBOARD ATTACHED TO THE MAIN STRUCTURE OVERHANG DRIVEWAY.
AND THIS IS THE SIDE OF THE, UH, CARPORT SHOWING THE DISTANCE FROM THE SIDE ALLEY.
AND THIS IS FROM THE ALLEY SHOWING THE PICTURE OF THE, UH, CARPORT.
[00:40:06]
ANOTHER PICTURE OF THE ALLEYWAY AND YOUR SURROUNDING AREA.STAFF RECOMMENDATION AND THE FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO 8 25 1 0 3 0 0 2 7 BASED ON THE FOLLOWING INTERVENTION SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY AND NO STRUCTURES WERE SEEN IN IMMEDIATE AREA TO BE WITHIN FRONT SETBACKS, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
NOTIFICATION PLAN, STAFF MAIL 23 NOTICES ZERO.
NO RESPONSE FROM THE PROSPECT HILL IN WEST END HOPE.
ACTION NEIGHBORHOOD ASSOCIATIONS, THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT WILL NEED A TRANSLATOR.
ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
HELLO, SIR, IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
AND TELL US ABOUT YOUR CARPORT.
I'M ASKED, AM ASKING FOR YOU TO LET ME KEEP MY PORCH.
OKAY, LET, LET ME ASK SOME QUESTIONS.
UM, HOW MANY CARS CAN YOU FIT UNDER YOUR CARPORT? TWO.
SO ONE UNDER THE NEW ONE AND THEN ONE IN THE EXISTING, CORRECT? YES.
AND, UH, WHEN YOU DO HAVE, UH, BOTH CARS PARKED THERE, ARE ANY OF THEM CLOSE TO BLOCKING THE PUBLIC SIDEWALK? NO.
PEOPLE CAN WALK OVER THE, OVER THE, THE STREET.
UM, IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT? COMMISSIONER CRUZ.
UM, AND I GUESS IS THIS MORE FOR STAFF? UM, WHY DID IT TAKE SO LONG FOR THIS CASE TO COME TO US? OKAY, ONE MORE TIME.
WHY DID THIS CASE TAKE SO LONG TO COME TO US SINCE, ACCORDING TO HIM, HE BILLED IT IN 2019 AS A CODE COMPLIANCE.
UM, UM, CAUGHT IT, UH, FROM A NEIGHBOR COMPLAINT, I, I BELIEVE.
ANY OTHER QUESTIONS? UM, I DO HAVE ANOTHER QUESTION.
UH, THE COVER OF THE CARPORT, IS IT IN LINE WITH THE FRONT PORCH FRONTAGE? YES.
SO, SO THEN WHEN, WHEN HE BUILT THE CARPORT, DID HE ALSO EXTEND HIS FRONT PORCH A LITTLE BIT? THE FIRST PORT? NO, I DIDN'T, I HAD PERMIT FOR THAT.
UH, IS THERE ANY OTHER QUESTIONS? ALRIGHT, HEARING NONE, UH, IS THERE ANY VOICEMAILS ANYONE SIGN UP TO SPEAK? NO PUBLIC COMMENT.
UM, IF THERE'S ANYTHING ELSE THAT YOU'D LIKE TO ADD.
ALL RIGHT, WELL WE'RE LOOKING FOR A MOTION THEN.
UM, REGARDING CASE NUMBER BO OA 25 DASH 1 0 3 0 0 0 27, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A FIVE FOOT FOUR INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW FOUR FOOT EIGHT INCH FRONT SETBACK TO INCLUDE A TWO FOOT FOUR INCH OVERHANG SITUATED AT SIX 10 NORTHWEST 20TH STREET, APPLICANT BEING SANTOS BARRERA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS
[00:45:01]
PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AND UNNECESSARY HARDSHIPS.SPECIFICALLY, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY ADHERING TO SETBACK REQUIREMENTS TO PROVIDE ADEQUATE SPACING BETWEEN PROPERTIES.
THE FRONT SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF FIRE SAFETY AND WATER RUNOFF.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE FRONT SETBACK ORDINANCE RESULTED IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO REMOVE A LARGE PORTION OF DESTRUCTION WOULD HAVE AN INADEQUATE COVERAGE FOR VEHICLES AND SHADE.
BY GRAIN OF THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED FRONT SETBACK VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCES OF THE EXPANSION, WILL BE LIMITED TOWARDS THE RIGHT OF WAY AND NOT OTHER PROPERTIES.
AND THE PROPERTY ITSELF IS FLANKED BY AN ALLEY TO PROVIDE ADEQUATE BUFFERING.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCES LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT BE SUBSTANTIALLY IN, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE FRONT SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS SUFFICIENT SPACE WILL REMAIN TO BUFFER IT AGAINST NEIGHBORING PROPERTIES AND LIMIT FIRE SAFETY AND WATER RUNOFF ISSUES.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR ITS VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT REALLY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
VARIANCE IS A LOCATION OF THE PRIMARY STRUCTURE RELATIVE TO THE LOT.
WELL THERE'S ACTUALLY THREE REASONS.
SO ANY IMPOSITION OF ADDITIONAL, UH, OF THE ADDITIONAL BUILT ENVIRONMENT HAS THAT EXTRA BUFFER TO, UH, ON THESE SORT OF CASES.
IT'S VERY IMPORTANT TO ME THAT THE PUBLIC SIDEWALK IS CLEAR.
UH, I THINK WITH THE, WITH THE PORCH BEING, UH, A GOOD DECENT AMOUNT OF WAY WITH A VERY LIMITED OVERHANG THAT IS BEING ACCOMPLISHED.
AND TWO, UH, THERE ARE SOME NO PARKING SIGNS ON THAT SIDE OF THE STREET, SO I THINK IT'S GONNA BE RELATIVELY CLEAR, UM, UH, FOR, FOR ANY IMPOSITION ON ANY, UH, UH, ONCOMING CARS.
SO WITH THAT, I TURN IT OVER TO COMMISSIONER MANON.
UM, YEAH, I'M GONNA CONCUR WITH MY COLLEAGUE.
UM, ALSO, UM, GOOGLE DRIVING AROUND THE NEIGHBORHOOD, THERE ARE A FEW STRUCTURES THAT ARE VERY SIMILAR.
UM, I GUESS WITH REGARDS TO THE DISTANCE AND SO, SO, UM, SO I DON'T SEE IT NECESSARILY OUTTA PLACE.
UM, UM, THERE AREN'T MANY BUT, BUT THERE ARE A FEW, SO I'LL BE VOTING IN FAVOR.
ALRIGHT, IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD TO THE COMMENT, UH, DISCUSSION? YEAH, COMMISSIONER TON.
UH, SAME EDITORIAL CORRECTION AS ON THE LAST ONE.
ITEM SIX, GOING TO THE SINGULAR.
UM, ANYONE ELSE? UM, HEARING NONE, LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
WE ARE ON ITEM NUMBER FOUR, WHICH WAS POSTPONED.
SO NOW WE'RE ON ITEM NUMBER FIVE.
ITEM FIVE IS BO O 8 25 1 0 3 0 0 0 2 0.
ADDRESS IS 2222 CHIHUAHUA STREET, 2226 CHIHUAHUA STREET AND 2230 CHIHUAHUA STREET COUNCIL.
DISTRICT FIVE APPLICANT IS AR CASA'S RESIDENCE COUNCIL.
COUNCIL INCORPORATED ONE A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE FOOT SIDE SETBACK ON THE WESTERN PROPERTY.
LINES FOR TWO RESIDENTIAL STRUCTURES AND TWO, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT SIDE SETBACK ON THE EASTERN PROPERTY.
LINES FOR THREE RESIDENTIAL STRUCTURES AND THREE 18 FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A FIVE FOOT DRIVEWAY.
CLEAR VISION ZONING IS R FOUR.
SUBJECT PROPERTY IS LOCATED ALONG CHIHUAHUA STREET, WEST OF SOUTH ZAMO STREET, LOCATED WITHIN A NOTIFICATION, BOUNDARIES OF HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION AND EL CHARO NEIGHBORHOOD ASSOCIATION.
[00:50:01]
THE LOTS ARE CURRENTLY VACANT.THE APPLICANT IS SEEKING TO CONSTRUCT THREE SINGLE FAMILY HOMES ON THREE SEPARATE LOTS AND DUE TO THE LOT SIZE AND REQUESTING RELIEF FROM THE BOARD OF ADJUSTMENT ON SIDE SETBACKS AND THE DRIVEWAY CLEAR VISION.
THE STRUCTURE WILL BE THREE FEET FROM THE SIDE, SETBACKS WITH A 16 INCH OVERHANG, WHICH WILL MAKE THE OVERALL SITE SETBACK ONE FOOT EIGHT INCHES.
THE THREE LOTS HAVE A CERTIFICATE OF DETERMINATION AND SUCH DO NOT REQUIRE MINIMUM LOT SIZE VARIANCE.
SO NUMBER ONE IS THE, UH, SETBACK ON THE WESTERN PROPERTY LINES AND NUMBER TWO IS ON THE EASTERN.
AND THEN THREE IS YOUR, UH, CLEAR VISION FOR YOUR DRIVEWAY.
ANOTHER PICTURE OF THE SUBJECT PROPERTY'S SUBJECT PROPERTY AND THE SURROUNDING AREA IS A CREEK ON THE, I BELIEVE IT WOULD BE THE EASTERN SIDE AND THEN A LOT ACROSS THE STREET.
ANOTHER PICTURE OF THE CREEK STAFF RECOMMENDATION SIDE SETBACK AND DRIVEWAY.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO O 8 25 1 0 3 0 0 20 BASED ON THE FOLLOWING, INADEQUATE SPACE BETWEEN STRUCTURES WILL AGGREGATE WATER RUNOFF ISSUES LEADING TO POTENTIAL FLOODING OR EROSION PROBLEMS. AND TWO, INSUFFICIENT DISTANCE CAN FACILITATE THE RAPID SPREAD OF FIRE FROM ONE BUILDING TO ANOTHER.
STAFF RECOMMENDATION AND DRIVEWAY CLEAR VISION VARIANCE STAFFER COMMENDS APPROVAL MBOA 25 1 0 3 0 0 2 0 BASED ON THE FOLLOWING, SUFFICIENT SPACE WILL REMAIN TO SAFE SAFELY BACK FROM AND ONTO THE LOCAL ROAD.
AND REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERS OF THE DISTRICT IN WHICH IT IS LOCATED.
NOTIFICATION PLAN, STAFF MAIL OUT.
RETURN IN FAVOR, ZERO IN OPPOSITION, ONE IN FAVOR WAS OUTSIDE OF 200 FEET.
HISTORIC WEBSITE, RESIDENTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND NO RESPONSE FROM NO CHILD OR NEIGHBORHOOD ASSOCIATION.
AND THIS IS THE, UH, EMAIL THAT WE GOT FROM THE HISTORIC WEST RESIDENCE ASSOCIATION IN SUPPORT.
AND THIS CAN GO, OH, I'M SORRY.
AND THEN THEY HAVE A, UM, PETITIONS FROM, UH, THEIR NEIGHBORS IN THE AREA.
UM, THIS IS BEFORE THE BOARD, ONCE BEFORE.
DO YOU KNOW WHAT IS IT THAT HAS CHANGED SINCE THE LAST TIME WAS HERE? SO WAS IT JUST A RE ADVERTISEMENT OR? IT WAS A RE ADVERTISEMENT I BELIEVE FOR THE SIDE.
AND I THINK YOU GUYS WERE ASKING FOR THE OVERHANG.
I, I BELIEVE SOMETHING WITH THE OVERHANG AND WANTING TO MOVE THE STRUCTURES OVER ONE DIRECTION.
YEAH, BECAUSE I THINK IT WAS TOO CLOSE TO THE WESTERN, I BELIEVE, OR SO I, I, I'LL, I'LL SPEAK ON THAT.
ONE OF THE COMMENTS THAT CAME UP WAS MAINTAINING THE HISTORIC THREE FOOT SETBACK AND NOT HAVING EVERYTHING BE SO CLOSE, ESPECIALLY TO THE PROPERTY WASN'T THEIRS.
BUT ONE THING I WANTED TO ASK IS, DID THE, THE LITTLE BUMP OUT WHERE THE PORCH IS? WELL THAT ALWAYS PART OF IT.
I DON'T, WHY DID I NOT REMEMBER SEEING THAT LAST TIME ON THE TOP PORTION? THE, THIS PORTION HERE? WELL, I'M, I'M, YEAH, 'CAUSE I, I DON'T RECALL.
I THOUGHT IT WAS, THE INTENT WAS TO TRY TO PROVIDE THREE FEET BY MOVING EVERYTHING OVER.
I'M O I'M OPENING THE, THE CASE FROM A MONTH AGO.
UH, THE BUILDING'S GOT A LITTLE WIDER.
IT LOOKS LIKE, UM, THE BUILDINGS DID GET A, A SLIGHTLY WIDER THAN WHAT WAS PROVIDED ON THE EXHIBIT PREVIOUSLY.
SO WE'LL, WE'LL ASK THE APPLICANT ABOUT THAT.
AND THEN, UH, YES SIR, FOR WHOEVER MAKES THE MOTION BECAUSE OF THE, THE CREEK NEXT DOOR, IT'S NOT A FIVE FOOT SIDE SETBACK ON THAT ONE PORTION.
IT'S ONLY A TWO AND A HALF BECAUSE THEY GET HALF CREDIT OR SOMETHING ON THE CREEK.
I ISN'T THAT CONSIDERED LIKE A LARGE DRAINAGE EASEMENT OR SOMETHING? DRAINAGE RIGHT OF WAY, I THINK DON'T THEY GET LIKE HALF CREDIT WHERE THAT, UH, NUMBER ONE IS CORRECT.
THE NUMBER ONE SHOULD ONLY BE FOR THE MIDDLE AND RIGHT LOT.
SO WHEN IT COMES TO THE, TO THE WEST MOSTS LOT, THE, THE, THE MOTION SHOULD BE READ AS A, A FOOT AND A HALF VARIANCE FROM THE TWO AND A HALF FOOT SIDE SETBACK.
UH, IT DOES, IT DOES NOT NEED IT FOR THE SIDE SETBACK FOR THE, UM, WESTERN MOST LOT.
TELL US ABOUT YOUR PROJECT AND IF YOU COULD PLEASE, UH, DURING YOUR PRESENTATION, I DUNNO IF YOU HEARD MY QUESTIONING, BUT IT LOOKED LIKE A MONTH AGO WHEN YOU CAME HERE, YOUR BUILDINGS WERE A LITTLE BIT NARROWER.
[00:55:01]
MY NAME IS MARI CASANOVA.UH, I REPRESENT, UH, UH, OUR CASAS AND UH, IN REGARDS TO THE HOMES.
UM, THEY, THE CITY WAS, UH, SPEAKING TO US, UH, IN REGARDS TO HOW LIKE IT WAS BEING WORDED.
UM, THEY SUGGESTED THAT WE, UM, INCREASE THAT, UH, AND WE SUBMITTED ANOTHER PROPOSAL 'CAUSE UH, OUR ORIGINAL ONE, THEY HAD DOUBTS ABOUT IT.
SO THERE WAS SOME BACK AND FORTHS.
UM, BUT ORIGINALLY IT IS CORRECT, IT IS A MUCH SMALLER BUILDING.
UH, SO THIS JUST SHOWED LIKE THE FULL AREA THAT UH, HOW WE UNDERSTOOD WHAT WAS BEING, UM, REQUESTED.
'CAUSE PREVIOUSLY YOUR BUILDING WAS 19 FEET WIDE.
SO, BUT THE ORIGINAL, THE ONLY PLANET THAT WE'RE DOING IS, UH, IT'S 19, BUT THAT WAS JUST LIKE THE FULL AREA THAT WAS BEING REQUESTED.
SO IS BASED ON THE DESCRIPTION, IS YOUR PROPOSED BILLING INTENDED TO BE 21 FEET FOR TWO THIRD FOR THE FRONT TWO THIRDS AND THEN IT'S GONNA BE 19 THE WHOLE WAY.
IT'S 19, UH, BY 30 AND THERE'S LIKE A LITTLE LIKE, UM, INDENTION.
'CAUSE ON THAT SKETCH IT'S 21 FEET ON THE TOP.
SO ARE YOU DOING 19 OR ARE YOU, ARE YOU BUILDING A 20 FOOT, 21 FOOT WIDE BUILDING? WE'RE DOING 19.
SO WE CAN READ THE VARIANCES IF YOU'RE DOING A 19 FOOT WIDE BUILDING.
UH, ARE THERE ANY OTHER, UH, QUESTIONS? ANYONE SIGN UP TO SPEAK VOICEMAILS? NO.
HI, MY NAME IS LETICIA SANCHEZ.
MY ADDRESS IS 1710 CRUZ ZIP CODE SEVEN EIGHT TWO OH SEVEN.
AND MY PHONE NUMBER'S (210) 363-5895.
I'M CALLING IN, UH, TO SPEAK ON AGENDA ITEM NUMBER FIVE.
I'M THE CO-CHAIR PERSON OF THE HISTORIC WEST SIDE RESIDENCE ASSOCIATION AND OUR ASSOCIATION SUPPORTS THE VARIANCES REQUESTED BY THE APPLICANT.
OUR
THE PROPERTIES REGARDING CASE, UH, NUMBER BOA DASH 25 DASH 1 0 3 0 0 0 2 0 ARE LOCATED WITHIN THE HISTORIC WEBSITE.
RESIDENCE ASSOCIATION BOUNDARIES AND THE RESIDENTIAL STRUCTURES WILL PROVIDE MUCH NEEDED QUALITY AND AFFORDABLE HOUSING FOR OUR RESIDENTS.
THEREFORE, WE RESPECTFULLY ACCESS THE BOA UM, MEMBERS VOTE TO APPROVE OUR PROCESS.
REQUEST FOR NUMBER ONE, A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE FOOT SIDE SETBACK ON THE WESTERN PROPERTY LINE FOR TWO RESIDENTIAL STRUCTURES.
NUMBER TWO, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW TO ALLOW A THREE FOOT SIDE SETBACKS ON THE EASTERN PROPERTY LINES FOR THREE RESIDENTIAL STRUCTURES.
AND NUMBER THREE, A 10 FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A FIVE FOOT DRIVEWAY CLEAR VISION.
THANK YOU FOR YOUR TIME AND CONSIDERATION OF OUR REQUEST.
THAT'S ALL THE PUBLIC COMMENT.
UM, SOUNDS LIKE YOU HAVE A SUPPORT FROM THE COMMUNITY.
IS THERE ANY QUESTIONS FROM THE COMMISSION, MR. MANNA? SO, SO JUST TRY TO CLARIFY.
SO, SO WHILE IT IS I'M TAKING A LOOK AT, UH, WHAT'S BEING STATED WITH REGARDS TO EASTERN AND WESTERN, IF I UNDERSTOOD CORRECTLY, THEY'RE REALLY LOOKING FOR, UM, A THREE FOOT SETBACK ON BOTH EAST AND WEST SIDES OF EACH OF THE STRUCTURES EXCEPT FOR THE ONE THAT IS MOST WEST, WHICH ARE ONLY LOOKING FOR THE UM, UM, THEY DON'T NEED A VARIANCE.
THEY DON'T NEED A VARIANCE AT ALL.
SO, SO, SO IT'S BOTH EAST AND WEST FOR THE, FOR THE CENTER STRUCTURES.
AND THEN, AND THEN THE, THE EAST VARIANCE ON THE THREE LOTS.
WELL, OKAY, SO IT'S EAST AND WEST FOR THE THREE LOTS.
'CAUSE THERE'S GONNA BE SIX FOOT BETWEEN THE STRUCTURES, CORRECT.
YEAH, BUT THE, THE WESTERNMOST LOT DOESN'T NEED ONE ON THE SIDE THAT'S NEXT TO THE CREEK, SO, OKAY.
SO IT'S, BUT IT, WELL I GUESS THE, THE DIALOGUE READS THE EASTERN SIDE OF, BUT IT'S ACTUALLY THE EAST AND WEST SIDE OF, OF
[01:00:01]
TWO OF THE STRUCTURE OR THREE OF THE STRUCTURES EXCEPT FOR THE ONE ON THE MOST WEST WHERE IT'S JUST THAT ONE DOESN'T NEED, NEED A VARIANCE.SO IT WOULD BE A, IT WOULD BE A, A TWO FOOT VARIANCE ON THE EAST SIDE OF LOTS 25 THROUGH 27 AND A TWO FOOT VARIANCE ON THE WEST SIDE OF LOTS 25 AND 26.
I GUESS YOU'RE READING THIS ONE
I WAS, I WAS GONNA READ A LITTLE BIT DIFFERENTLY, BUT YES.
SO, BUT YES, SO TO TO THE POINT I I JUST WANNA MAKE SURE THAT WE'RE, WE'RE SPEAKING ON THE SAME, SO COMMISSIONER MANNA
UM, AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 15 FOOT CLEAR VISION TO ALLOW A FIVE FOOT DRIVEWAY CLEAR VISION SITUATED AT 2 2 2 CHIHUAHUA, UH, 2 2 6 CHIHUAHUA AND 2 2 3 0 CHIHUAHUA.
APPLICANT BEING OUR COSTA'S RESIDENTIAL COUNSEL BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
UM, THE VARIANCES DO NOT CONTRARY ARE NOT CONTRARY TO THE PUBLIC INTERESTS AS SUFFICIENT SPACE WILL REMAIN FOR FIRE SAFETY AND WATER RUNOFF AS WELL SAFELY BACKING FROM THE DRIVEWAY INTO THE LOCAL ROAD.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS INSUFFICIENT SPACE EXISTS ON THE LOT AND THE FENCE AND THE GATE LINE IS AT AN ESTABLISHED LINE IN NEIGHBORHOOD THREE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS ADEQUATE SPACE WILL REMAIN FOR THE PURPOSES OF FIRE SAFETY AND WATER RUNOFF.
AND THE FENCING GATE IS LOCATED ON ESTABLISHED LINE IN NEIGHBORHOOD FOUR.
THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS THAT VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS A WATER RUNOFF WILL NOT HAVE VASTLY NOT ADVERSELY IMPACT THE IMMEDIATE NEIGHBORS.
AND THE FENCE AND GATE LOCATION IS CONSISTENT IN NEIGHBORHOOD IN WHICH RELIEF IS SOUGHT.
SIX APPLIED IN THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND 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 THIS PROPERTY IS THE LAW, SIZE AND DIMENSIONS AS WELL AS THE ESTABLISHED FENCE AND GATE LINE IN THE NEIGHBORHOOD.
SO, UM, SO I'LL BE VOTING IN FAVOR OF THIS.
UM, YOU KNOW, SO SO AGAIN, YOU KNOW, IT IS, UH, AN ANSWER FOR SOME OF OUR HOUSING, UM, SHORTAGES THAT WE HAVE.
UM, AND, AND I BY, BY THE CITY RECOGNIZING THAT ONE WAS NOT NEEDED.
UM, I THINK JUST SETTING THE THREE FOOT SETBACK FOR EACH, FOR BOTH SIDES OF THE PROPERTY, UH, BASICALLY ACCOMPLISHES WHAT WE'RE TRYING TO DO, I GUESS, WITH REGARDS TO THIS AND HAVING ADEQUATE SPACE BETWEEN THE HOMES THEMSELVES.
AND THEN, UM, AND THEN HAVING THE NEIGHBORHOOD ASSOCIATION, YOU KNOW, IN FULL SUPPORT OF THIS.
YOU KNOW, I, I CAN'T VOTE AGAINST THIS.
COMMISSIONER CRUZ? UM, YES, I AGREE WITH MR. MANNA.
I DON'T SEE A PROBLEM WITH, I KNOW THAT THERE WAS QUESTIONS BEFORE AND I SEE WHERE THEY HAVE CHANGED THE, THE, THE LINE.
SO IT WOULD BE A GOOD PROJECT IN THAT AREA.
ANY OTHER COMMISSIONERS LIKE TO ADD? YEAH, TON, COMMISSIONER TON.
UH, I'LL, I'LL BE SUPPORTING THIS, UH, ALSO, BUT I HAVE THE SAME EDITORIAL PROBLEM.
R I'LL, I'LL CHANGE IT TO R ALONG WITH, UH, PARAGRAPH THREE, THE REQUESTED VARIANCE VARIANCES, PLURAL APPEAR TO BE IN THIS PERIOD ACCEPTED.
AND, UH, JUST TO CLARIFY, UH, WHEN YOU, WHEN YOU, YOU READ THIS, YOU READ IT AS A TWO FOOT VARIANCE ON BOTH SIDES FOR ALL THREE, I READ IT FOR ALL, ALL SIDES WITH THE, WITH THE KNOWLEDGE OF THE ONE SIDE IS, IS, IS NOT NEEDED BECAUSE IT GETS IT BY, BY EXCEPTION.
UH, AND JUST TO BE CLEAR, I JUST WANNA MAKE SURE THE APPLICANT UNDERSTOOD WHAT WAS, UH, BEING REQUESTED.
'CAUSE RIGHT NOW THE REQUEST IS FOR A ONE FOOT SIDE SETBACK ON THE, UM, WESTERN PROPERTY LINE.
AND THIS IS NOT GONNA DO THAT.
THIS IS GONNA GIVE HER, UM, A THREE FOOT SETBACK ON BOTH SIDES, JUST SO EVERYBODY'S CLEAR.
RIGHT? THAT WAS THE INTENTION.
WELL, SO YOU'RE TALKING ABOUT NUMBER ONE HERE ON
[01:05:01]
THE CHART, CORRECT.'CAUSE AND THEY HAVE A, THEY HAVE A ONE FOOT ON THE TWO PROPERTIES ON THE, THE CENTER AND EASTERN, THEY HAVE A ONE FOOT SETBACK ON THE LEFT SIDE, THE WESTERN SIDE, AND A THREE FOOT SETBACK ON THE EASTERN SIDE.
YEAH, THAT, THAT'S WHY I WAS ASKING ABOUT THE WIDTH.
YOU SEE HOW THE BUILDING'S WIDER IN THE FRONT? RIGHT.
BUT I THOUGHT WE HAD DIALOGUE THAT SAID WE DID.
AND SO I WANTED TO, SO IT'S THREE FOOT ON BOTH SIDES.
SO, SO, SO IT'S, SO AS I UNDERSTOOD IT, PER THE DIALOGUE, IT WAS GONNA BE THREE FOOT ON BOTH THE E EAST AND WEST SIDES OF ALL THREE BUILDINGS.
UM, AND THEN THE DIALOGUE FOR ONE WAS THAT BY RIGHT, THEY CAN PUT IT CLOSER TO THE, UM, TO THE, UM, UM, THE CREEK PROPERTY THERE.
JUST, JUST ON THE EASTERN MOST, I'M SORRY, THE WESTERN MOST, CORRECT.
THAT'S NOT THE TWO OTHER ONES.
AND SO BY STATING, OKAY, SO BY STATING THREE FOOT ON EAST AND WEST SIDES, UM, FOR ALL THREE STRUCTURES, UM, SO THAT WAS THE FIRST MOTION AND THEN THE SECOND MOTION OR, OR THE SECOND PART OF THAT IS UNDERSTOOD THEY HAVE BY RIGHT.
THE ABILITY FOR THE ONE, UH, TO PUT IT CLOSER TO THAT PROPERTY LINE.
NO, I JUST WANNA MAKE SURE IT WAS UNDERSTOOD THAT THAT'S NOT WHAT WAS BEING REQUESTED, BUT IF THAT'S, YEAH.
SO WHAT, WHAT HE'S, WHAT WHAT STAFF IS TRYING TO SAY IS THAT AS, AS DOCUMENTED, THEY'RE ASKING FOR A FOUR FOOT VARIANCE ON TWO OF THE SIDES, WHICH WE HAD A, A, UM, EXCHANGE ABOUT.
AND IT, WHAT I HEARD FROM THE APPLICANT WAS THAT, THAT THEY ARE THREE FOOT ON ALL SIDES WAS ACCEPTABLE.
SO THE MOTION DOES NOT NEED TO BE CHANGED.
I THINK THAT'S EXACTLY HOW I READ IT.
SO, ALL RIGHT, SO LET'S HAVE A ROLL CALL VOTE.
WHO WAS SECONDED? UH, THAT WAS, UH, COMMISSIONER CRUZ.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH FINDINGS OF FACT.
HAVE, HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? OKAY, THANK YOU.
ITEM NUMBER SIX IS CASE BOA 25 1 0 3 0 0 0 3 3.
ADDRESS IS 1 6 5 EAST PETALUMA BOULEVARD.
UM, A REQUEST FOR, I'M SORRY, APPLICANT IS GOOD.
REQUEST FOR A ONE FENCE, A ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FOR THE MAXIMUM OF FIVE FOOT.
FRONT YARD FENCE HEIGHT TO ALLOW FOR A SIX FOOT, PREDOMINANTLY OPEN FRONT YARD FENCE ZONING IS R FOUR.
THE SUBJECT PROPERTY IS LOCATED ALONG EAST PETALUMA BOULEVARD, EAST OF PLEASANTON ROAD.
LOCATED WITHIN THE HARLAND DEL MCCULLUM NEIGHBORHOOD ASSOCIATION.
THE APPLICANT IS REQUESTING RELIEF FROM THE BOARD OF ADJUSTMENTS TO ALLOW FOR A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD DUE TO EXPRESSED SECURITY AND SAFETY CONCERNS.
OVER BREAK-INS, THE APPLICANT HAS NOT CONSTRUCTED THE FENCE YET AND THE ISSUANCE OF PERMITS IS PENDING THE BOARD OF ADJUSTMENT OUTCOME.
THIS IS THE SITE PLAN, IMAGES OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL OF BOA 2 5 1 0 3 0 0 0 3 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST IS IN A MOSTLY RESIDENTIAL AREA WHERE ALL NEIGHBORING PROPERTIES WITHIN THE IMMEDIATE VICINITY HAVE FENCES WHICH DO NOT EXCEED THE FENCE HEIGHT LIMITATIONS.
THE FENCE HEIGHT, SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
18 NOTICES WERE MAILED OUT, ONE IN FAVOR, ZERO OF OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HARLANDALE MCCULLUM NEIGHBORHOOD ASSOCIATION.
[01:10:04]
AND THAT CONCLUDES STAFF PRESENTATION.HAVE THE APPLICANT COME FORWARD? HOW YOU DOING, SIR? STATE YOUR NAME AND TELL US ABOUT YOUR FENCE.
AND, UH, CAN WE SEE THE POLICE REPORTS? YOU HAVE THEM? THERE ARE, DO WE HAVE THE POLICE REPORTS? I HAVE DONE RIGHT HERE, SIR.
SO LIKE, UM, WHAT WAS MENTIONED WAS THE SECURITY THERE, THERE HAVE BEEN, AS YOU CAN SEE ON THE NUMBER OF POLICE REPORTS, THIS IS PROBABLY JUST LIKE HALF OF THE NUMBER OF POLICE REPORTS.
AND THEN THERE HAVE BEEN INCIDENTS WHERE, WHERE, UH, NO POLICE REPORTS WERE DONE, BUT, BUT THERE WERE PROBLEMS, UH, IN ONE OF THE HOUSES.
UH, BEHIND THERE IS, UH, I BELIEVE ALASKA SCALE, UH, DRUGS SOLD SELLING GOING ON.
AND, UH, THIS HOUSE IS LIKE AN OUTPOST.
SO I HAVE BEEN, UH, NOT ONLY BEEN UNDER ATTACK AS ALL ALSO THESE POLICE REPORTS CAN SHOW, BUT ALSO THERE'S A AGGRESSIVE HABIT OF PEOPLE JUST WALKING OVER THE LOT TO GET YOU, CAN YOU HEAR ME? SORRY.
TO GET TO THE DRUG SELLING, UH, PARTS AND, AND SOME, UH, LOCALITIES THERE IN THE BACK.
AND THEY'RE ALSO COMING THE OTHER WAY.
I BELIEVE THAT FIVE FOOT FANS IS NOT THE PROBLEM FOR A PERSON THAT IS TRYING TO GET A DRUG AND OR, AND THE INFLUENCE OF, OF TRUCK.
UH, YOUNG, HEALTHY PEOPLE JUST JUMP OVER FIVE FEET.
I THINK A NEED TO GO FOR, FOR SIX FOOT.
UH, CAN WE NOW SEE THE PICTURES FROM, UH, FROM THE STREET? THESE ARE PICTURES OF, OF, OF, UH, SIX FOOT, UH, FENCES IN THE STREET.
SOME OF THESE ARE, OR, OR AT LEAST ONE IS, IS A CHURCH, WHICH I CAN UNDERSTAND CAN GET EXCEPTION, BUT THAT SHIRT IS ALMOST JUST ADJACENT TO, TO THIS LOT, SO IT'LL CLOSE.
AND THE OTHER ONES ARE, ARE, ARE, ARE, UH, HOMES, JUST PEOPLE'S HOMES.
AND THESE ARE ALL SIX FOOT FENCES.
AND, UH, IF YOU DRIVE THIS, UH, STREET, YOU CAN SEE THAT THERE IS NO OVERALL, UH, IMAGE OF, OF, OF, OF, OF FENCE HEIGHTS.
THEY'RE IN ALL KINDS OF HEIGHTS AND, AND, AND, AND, AND, AND MOTELS AND, AND, AND, UH, THEY LOOK ALL KINDS OF, OF IMAGES.
AND, AND, UH, SORRY, I'M ENGLISH IS NOT MY FIRST LANGUAGE, BUT, UH, JUST LET ME KNOW IF, IF, IF YOU, IF YOU DON'T UNDERSTAND ME.
UH, AND, UH, SO YES, I THINK, UH, MY FANS WILL NOT CREATE ANYTHING WHICH IS UNUSUAL IN THIS STREET.
YOU HAVE FIVE FOOT FANS, AND THEN YOU HAVE SIX FOOT FANS.
THEN YOU HAVE SOMETHING THAT COULD BE IN THE UKRAINIAN FRONTIER, AND THEN YOU HAVE FIVE FOOT FANS AND YOU HAVE SIX, ET CETERA.
UH, YEAH, WE HAVE AL WE HAVE ALREADY SEEN, UH, THE SIGNATURE FROM, FROM THE NEIGHBOR, WHICH IS ON THE OTHER SIDE OF THE STREET.
I HAVE BEEN TRIED TO REACH THE NEIGHBOR ON THE SIDE, BUT SHE DIDN'T RESPOND.
UH, MY, UH, UH, MY, MY, UH, CONTRACTOR WAS ABLE TO TALK TO HER.
UH, THERE WAS SOME LANGUAGE BARRIERS, BUT ALL IN ALL, I DON'T THINK SHE IS AGAINST THIS.
UH, I I TRULY BELIEVE SHE'S NOT AGAINST THIS.
UH, LET SEE IF, IF THEY HAVE ANY QUESTIONS, ANY QUESTIONS FROM THE COMMISSION.
IS THERE ANY VOICEMAILS, UM, ANYONE SEND TO SPEAK? NO PUBLIC COMMENT.
UM, I MEAN, I, I, UH, I, I DID THE GOOGLE STREET VIEW AND THERE ARE A LOT OF, ARE YOU DOING A ROD IRON OR A CHAIN LINK? UM, IT'S VERY SIMILAR TO, TO, TO THIS.
JUST, UH, IT'S, IT'S BOUGHT FROM, FROM JUST AMAZON AND IT'S JUST VERY STANDARD.
SO IT'S, DOESN'T LOOK OUTTA CHARACTER WITH THE AREA.
SO IF THERE'S SOMETHING ELSE, WE CAN GO STRAIGHT TO A MOTION.
WHO COMMISSIONER UNA REGARDING CASE NUMBER A DASH 25 DASH 0 3 3 3.
I MOVE THAT THE BOARD OF ADJUSTMENT GRABBED A REQUEST FOR A ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FOR THE MAXIMUM FIVE FOOT FRONT YARD FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN WROUGHT
[01:15:01]
IRON FENCE.UH, FRONT YARD FENCE SITUATED AT 1 6 5 EAST, UH, PETALUMA BOULEVARD.
APPLICANT BEING, UH, UH, GOOD BRANSON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND AND PURPOSE OF THE CHAPTER.
THE UDC STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION.
STAFF FINDS THAT SIX FOOT FENCE HEIGHT BEING REQUESTED FOR THE FRONT AND PARTIAL SIDE OF THE PROPERTY WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS CHAPTER.
THE PUBLIC WELFARE CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPERTY PROPOSED FENCE HEIGHT APPEARS TO PROVIDE ADDITIONAL SECURITY BEYOND THE UDC FENCE HEIGHT LIMITATIONS AND APPEAR TO BE IN LINE WITH THE FENCE TYPES FROM SURROUNDING PROPERTIES.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED USE.
THE FENCE, THE FENCE HEIGHT, SPECIAL EXEMPTION DOES NOT APPEAR TO CREATE ADDITIONAL ENHANCED SECURITY FOR THE SUBJECT.
AND ADJACENT PROPERTIES WILL NOT SUBSTANTIALLY INJURE, UH, SAID PROPERTIES.
UH, DE THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
THE LOCATION OF WHICH THE PROP PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT.
THE ADDITIONAL FENCE HEIGHT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT DUE TO THE NEIGHBORING, UH, SINGLE FAMILY RESIDENCE PROPERTIES WITHIN THE IMMEDIATE VICINITY, ALL HAVING FENCES OF SIMILAR DESIGN AND E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE UN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS IT WILL PROVIDE ADDITIONAL SAFETY AND SECURITY FOR THE PROPERTY AND NEIGHBORING PROPERTIES.
SO THE APPLICANT PROVIDED TESTIMONY WITH THE POLICE REPORTS OF THE ONGOING CRIMINAL ACTIVITY ON THE PROPERTY, UH, NOTED THAT, UH, PEOPLE USED ACROSS THE PROPERTY TO GET TO ACCESS TO THEIR CRIMINAL ACTIVITY.
UH, I THINK THE SIX FOOT FENCE IS IN HARMONY.
THERE ARE A NUMBER OF PROPERTIES UP AND DOWN THE STREET THAT HAVE THE SIX FOOT FENCE.
HE'S PROPO PROPOSING PREDOMINANTLY OPEN, WHICH IS A BROAD IRON IN CHARACTER.
THERE IS NO OPPOSITION FROM THE NEIGHBORING AS NEIGHBORHOOD ASSOCIATION NOR OPPOSITION FROM NEIGHBORING PROPERTIES.
UH, WITH THAT ALL SAID, I SUPPORT THE MOTION AS READ.
I CONCUR WITH MY COLLEAGUE FOR ALL THOSE REASONS, I'LL BE IN SUPPORT AS WELL.
ALRIGHT, IS THERE ANY OTHER COMMISSION YOU'D LIKE TO ADD? MANNA COMMISSIONER MANNA.
SO, UM, I, SO I WILL BE VOTING IN FAVOR, BUT, UM, I, THERE ARE NO OTHER SIX FOOT FENCES ON THIS STREET.
THEY ALL LOOK TO BE FOUR FOOT TO FIVE FOOT ORN, EIGHT, UH, METAL.
BUT, YOU KNOW, I DO CONCUR ACROSS THE STREET THERE IS, UH, A BUSINESS THAT HAS BAR, BAR FENCE.
UM, SO, SO THEY'RE TRYING TO PROTECT THE PROPERTIES THERE.
SO IT'S, SO IT'S RECOGNIZED IN THAT AREA, BUT, BUT THIS WILL BE DIFFERENT THAN THE, THAN THE HOUSES IN THE NEIGHBORHOOD.
ANYONE ELSE LIKE TO ADD? HEARING NONE? LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER YBANEZ? I CONCUR.
COMMISSIONER ROMANA? I CONCUR WITH THE PANCE OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
OH, CHAIR ZUNA? UH, YEAH, I CONCUR.
AND THEN, UH, I ALSO CONCUR SO THAT UNANIMOUS 11 IS ZERO.
OKAY, ITEM NUMBER SEVEN IS BO OA DASH TWO FIVE DASH 1 0 3 0 0 0 3 4.
ADDRESS IS 1 35 EAST PAL FREE AVENUE COUNCIL DISTRICT THREE APPLICANT RUDOLPH CAVASSO.
AND A REQUEST FOR ONE A FOUR FOOT SIX VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ATTACHED CARPORT TO BE SIX INCH FROM THE SIDE SETBACK.
NUMBER TWO, A ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW THE FENCE GATE SUPPORT BEAMS OF A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE SIX INCH, SIX FEET IN HEIGHT.
SUBJECT PROPERTY IS LOCATED EAST OF GD ROAD, APPROXIMATELY 225 FEET WEST OF EAST PAL.
FREE AVENUE, UH, AND DOLLAR HIDE AVENUE INTERSECTION.
THE APPLICANT BEING THE PROPERTY OWNER CONSTRUCTED A CARPORT WITHOUT OBTAINING PERMITS AND IS REQUESTING A FOUR FOOT 11 INCH VARIANCE.
UM, I THINK IT'S A FOUR FOOT, UM, SIX INCH, SIX INCH VARIANCE.
TO ALLOW A ATTACHED CARPORT TO REMAIN SIX INCHES FROM THE SIDE SETBACK DURING VISITS, STAFFS OBSERVE THE FENCE GATE SUPPORT POLE, UH, EXCEEDING THE FRONT YARD FENCE.
HEIGHT PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT
[01:20:03]
SITE PLAN.AERIAL VIEW OF THE PROPERTY, HISTORIC VIEW OF THE PROPERTY.
CURRENT VIEW OF SUBJECT PROPERTY.
THIS IS A VIEW OF THE SIDE SETBACK FROM THE CARPORT AND MEASUREMENTS AND VIEW OF THE OVERHANG.
AND THIS PORTION HERE ON THIS SIDE OF THIS GATE.
AND I BELIEVE ON THE OTHER SIDE IT'S JUST THE SUPPORT BEAMS. IT'S JUST THE FOOT TALLER THAN THE REST OF THE FENCE.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH TWO FIVE DASH 0 3 0 0 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE.
THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTER CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF RECOMMENDATION FOR THE FENCE SIZE SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL MBOA DASH TWO FIVE DASH 1 0 3 4.
THE ONE, THE FENCE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS THE BEAMS ARE LIMITED TO SUPPORTING THE ROLLING GATE AND REMAINING FENCE MEETS UDC REQUIREMENTS.
AND TWO, THE FENCE SPECIAL, UH, EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS EXCEPT THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THREE IN FAVOR, ZERO IN OPPOSITION.
AND THERE WAS NO RESPONSE FROM THE HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION.
AND THESE WILL BE THE ONES IN FAVOR.
AND THIS CONCLUDES STAFF'S PRESENTATION.
ALL RIGHT, THANK YOU VERY MUCH.
HAVE THE APPLICANT COME FORWARD.
UH, MY NAME IS RUDOLPH CASOS AND UH, I'M HERE ABOUT MY CARPORT.
UM, I GUESS MAINLY, UH, TO ADDRESS THE SETBACK, THE FIVE FOOT SETBACK.
UH, IF WE WERE TO DO THAT, THE SETBACK WOULD BE LIKE ALMOST DEAD CENTER OF MY DRIVEWAY, SO IT'D BE KIND OF POINTLESS TO, TO HAVE A, A CARPORT AND YOU KNOW, WE JUST MAINLY NEED THE CARPORT TO PROTECT OUR VEHICLES AND, YOU KNOW, ME AND MY WIFE ARE GETTING, YOU KNOW, UP IN AGE AND, YOU KNOW, TRYING TO AVOID THE, THE RAIN AND WHATNOT.
UH, WELL I'M GONNA START WITH A COUPLE QUESTIONS.
UH, WHAT I DIDN'T SEE ON THE SITE PLAN IS HOW DEEP IS YOUR CARPORT? DOESN'T LOOK LIKE IT'S DEEPER THAN ONE CAR, BUT NO, IT'S, IT'S FITS TWO CARS.
I COULDN'T TELL FROM THE, FROM THE PICTURE.
AND THEN, UM, DOES IT HAVE GUTTERS? NO, BUT I WAS THINKING ABOUT PUTTING THAT ON.
WOULD YOU LIKE TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS? UH, SURE, YEAH, WE CAN DO THAT.
IT'S A QUESTION WE USUALLY ASK.
UH, YOU KNOW, YOU WANT TO, YEAH, THAT WAS AN IDEA I THOUGHT OF AFTERWARDS, BUT YEAH.
AND DO YOU KNOW THE APPROXIMATE DEPTH OF THE CARPORT FROM FRONT TO BACK? MM-HMM
SO WHAT HAPPENS IS, UM, YOU KNOW, THIS, THIS ONE WE GRANT VARIANCES.
SO SOMETIMES WE, WE LIKE TO KNOW, UH, YOU KNOW, DISTANCES SO THAT WE CAN MAKE THAT PART OF A MOTION.
SO YOU FEEL THAT 50 FEET IS, IT'S NOT MORE THAN 50 FEET.
IS THERE ANY QUESTIONS FROM THE COMMISSION? HEARING NONE, UH, ANY VOICEMAILS? NO PUBLIC COMMENT.
WELL, UM, SO WE HAVE, WE HAVE A, UH, AN APPLICANT WHO IS, UH, AMENDED HIS APPLICATION TO INCLUDE GUTTERS AND LOOKING FOR A MOTION COMMISSIONER MANNA
[01:25:02]
REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 3 4.I MOVED TO THE BOARD ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT, UH, 50 FOOT IN LENGTH, UH, WITH GUTTERS TO BE SIX INCHES FROM THE SIDE SETBACK SITUATED AT 1 3 5 EAST PAL FREE AVENUE.
APPLICANT BEING RUDOLPH CAVAZOS 'CAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH A LITTLE ENFORCEMENT.
THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS A SETBACK PROVIDES ENOUGH SPACE IN BETWEEN THE NEIGHBORING PROPERTY TO MAINTAIN SAFETY AND GENERAL UPKEEP.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO RECONFIGURE OR REMOVE THE ACCESSORY, UH, MOVE THE ACCESSORY CARPORT TO MEET REQUIREMENTS.
THREE, BY GRANTING THE VARIANCE, THE SPARE 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 A SIX INCH SIDE SETBACK, PROVIDES A RE REASONABLE DISTANCE FROM THE RIGHT OF WAY AND THE ABUTTING PROPERTIES.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE AUTH.
THE AUTHOR WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALL TO THE ESSENTIAL CHARACTER OR THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
IF GRANTED, THE REDUCED SIDE SETBACK WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS A SIX INCH SIDE SETBACK WILL PROVIDE ENOUGH SPACE BETWEEN PROPERTIES SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THEIR PROPERTY ARE NOT MERELY FINANCIAL, ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY.
UM, I DID PUT A PLURAL ON NUMBER THREE, BUT, UH, REALIZING IT'S ONLY SINGLE THING, SO STRIKE THE PLURAL.
ALRIGHT, IS THERE A SECOND? I'LL SECOND.
SO, UM, I'LL BE VOTING IN FAVOR OF THIS.
AND SO WE, WE DID LIMIT IT TO THE 50 FEET AS, AS, UM, AS, UM, REQUESTED BY THE APPLICANT.
UM, AND ALSO THE COMMITMENT FOR GUTTERS.
AND SO ONE OF THE THINGS WE ALWAYS WANNA MAKE SURE THAT IS THAT WE AREN'T, UM, DROPPING WATER ONTO OUR NEIGHBOR'S PROPERTY.
AND, AND THAT'S WHY IT IS THAT WE LIKE TO HEAR WHEN THE APPLICANT DOES AMEND, UH, WITH REGARDS TO THE GUTTERS.
UM, AND BEING THAT THE NEIGHBORHOOD ASSOCIATION DIDN'T, YOU KNOW, DIDN'T SAY ANYTHING.
UM, AND THERE ARE OTHER STRUCTURES IN THIS NEIGHBORHOOD, UM, THAT ARE SIMILAR, UH, IN I, I GUESS IF WITH REGARDS TO THE SETBACKS, I'LL BE VOTING IN FAVOR.
MR. MAN, I WAS, UH, WAS LOOKING AT THE NEIGHBORHOOD AND SEEING QUITE A FEW FENCES JUST AS TALL.
UM, AND UH, AND WITH HIM PUTTING IN GUTTERS, I THINK THAT WOULD HELP THE NEIGHBORS TOO.
ALRIGHT, ANYONE ELSE LIKE TO ADD, UH, HEARING NONE AS HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER YBANEZ? I CONCUR.
COMMISSIONER GOMEZ? I, COMMISSIONER BRAGMAN.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT.
WE HAVE ANOTHER MOTION FOR THE DEFENSE SITE.
I'LL GO AHEAD AND READ IT SINCE IT'S A LITTLE SHORTER.
REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 34, I MOVE THAT THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR A ONE FOOT FENCE HEIGHT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE SITE TO ALLOW THE FENCE GATE SUPPORT BEAMS OF A PREDOMINANTLY OPEN FRONT YARD FENCE TO BE SIX FEET IN HEIGHT, SITUATED AT 1 35 E EAST RE AVENUE APPLICANT BEING RUDOLPH CAVASSO BECAUSE THE TESTIMONY PRESENTED US IN THE FACTS THAT WE HAVE DETERMINED, SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
STAFF FINDS THE REQUEST WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, AS WELL AS THE BEAMS FOR THE PREDOMINANTLY OPEN FENCE DO NOT INTERFERE WITH CLEAR VISION OR INJURE THE PROPERTIES WITHIN THE
[01:30:01]
SURROUNDING AREA.B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AS THE BEAMS ARE LIMITED TO THE FENCE GATE AND THE REMAINING FRONT YARD FENCE MAINTAINS HEIGHT REGULATIONS C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE SPECIAL EXCEPTION APPEARS TO PROVIDE ADDITIONAL ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES AS THEY'RE UTILIZED IN PROVIDING STABILITY FOR THE ROLLING GATE ENTRANCE.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION AND LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE SIDE IN THE FRONT YARD DOES NOT APPEAR TO ALTER LOCATION FOR WHICH A SPECIAL EXCEPTION IS SOUGHT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR REGULATIONS HERE AND ESTABLISH FOR THE SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS THE BEAMS ARE LIMITED TO SUPPORTING THE ROLLING GATE AND REMAINING FENCE FENCING MEETS UDC REQUIREMENTS AND A MOTION.
UM, THE GATE HAS A NICE LOOK TO IT AND A HANDFUL OF BEAMS AREN'T, AREN'T AREN'T THE END OF THE WORLD, SO I'LL BE IN SUPPORT.
YEAH, I THINK, YOU KNOW, JUST OVERALL THE BEAMS ONLY.
AND SO I DON'T KNOW HOW YOU WOULD SUPPORT THIS FENCE 'CAUSE IT DOES LOOK LOVELY WITHOUT HAVING THE BEAM SET UP LIKE IT IS.
AND, AND SO I I DON'T THINK, UH, I THINK IT'S APPROPRIATE HERE, SO I'LL BE PUT IN FAVOR.
ALRIGHT, ANYONE ELSE LIKE TO ADD? HEARING NONE? ROLL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
ITEM NUMBER EIGHT IS BO OA DASH TWO FIVE DASH 0 3 0 0 0 3 6.
ADDRESS IS 9 1 1 5 CALLAHAN ROAD COUNCIL.
DISTRICT ONE APPLICANT IS LEROY B HORN.
THE THIRD A REQUEST FOR A THREE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT SOLID FRONT YARD FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD.
SUBJECT PROPERTY IS LOCATED UH, IN, ON CALLAHAN ROAD, SOUTHWEST OF VANCE JACKSON ROAD WITHIN BLOCKS OF KIPP ACADEMY ON FEBRUARY 7TH, 2025, CODE ENFORCEMENT RESPONDED TO A CITIZENS CALL FOR A PRIVACY FENCE CONSTRUCTED WITHOUT A PERMIT.
APPLICANT IS SEEKING A THREE FOOT FENCE HEIGHT VARIANCE TO ALLOW A SIX FOOT FRONT YARD FENCE.
IN 2011, THE BOARD OF ADJUSTMENT APPROVED A SIX FOOT FRONT YARD PRIVACY FENCE HEIGHT FOR 90 22 CALLAHAN ROAD, MULTIPLE SIDE AND REAR YARD FENCES FACE, CALLAHAN ROAD IN THE AREA AND PERMITS ARE PENDING THE BOARD OF ADJUSTMENT.
THIS A SITE PLAN, AERIAL VIEW OF THE PROPERTY, HISTORICAL VIEW, CURRENT VIEW.
AT THIS TIME IT'S JUST THE POSTS THAT HEAVEN PUT IN AND THIS SHOWS THE MEASUREMENT OF THE FENCE HIKE POSTS THAT HAVE BEEN PLACED.
UH, THIS SHOWS THE SURROUNDING AREAS.
SO THE NEIGHBORING PROPERTY IS ALSO BEING REVIEWED.
UM, AND THEN THIS IS THEIR, THEIR COMPLETED FENCE.
AND THIS IS 90 22 CALLAHAN ROAD, WHICH WAS MENTIONED, UH, IN THE SUBJECT, UM, SUMMARY OR THE SUMMARY OF THE CASE AND SURROUNDING AREA STAFF RECOMMENDATION FOR THE FENCE SIZE SPECIAL EXCEPTION, UH, STAFF RECOMMENDS APPROVAL ON BO OA DASH 25 DASH 0 3 3 6 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE FENCE WILL MATCH THE MULTIPLE SIDE AND REAR YARD FENCES FACING
[01:35:01]
CALLAHAN ROAD AND THE PREVIOUSLY APPROVED FRONT YARD PRIVACY FENCE TWO, THE FENCE SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.STAFF MAILED 28 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION, UM, AND NO RESPONSE FROM THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENTS ASSOCIATION.
AND THIS IS IN FAVOR AND ZERO IN OPPOSITION.
AND THIS CONCLUDES SAS PRESENTATION APPLICANT IS AVAILABLE.
UM, ONE, I DO HAVE ONE QUICK QUESTION.
ON THE, ON THE SITE PLAN THAT'S ATTACHED, IT LOOKS LIKE THE HIGHLIGHT IS GOING PAST, UM, ALL THE WAY TO THE BACK OF THE HOME.
NO, THEY, THIS WHOLE PROPERTY IS THEIRS.
THEY ACTUALLY HAVE LIKE 145 FEET FROM THE FRONT OF THEIR PROPERTY.
SO IT'S, I MEAN, IT'S GOING ALL THE WAY AROUND.
IT MAY GO INTO THE SIDE A LITTLE BIT, BUT WE'RE TALKING ABOUT BECAUSE OF THE, THE TALL, THE TALLER FENCE.
IT, IT, IT, OUR, OUR PURVIEW IS TO THE VERY, VERY FRONT OF THE BUILDING THOUGH.
IT'S GONNA BE IN THE FRONT YARD FENCE, NOT THE, NOT THE SIDE ON THAT RIGHT SIDE.
PUT THE, AT THE BACK OF THE RIGHT SIDE HIGHER.
THAT, THAT STOPS WHERE THE WOOD FENCE FOR THE NEIGHBOR STARTS.
SIR, CAN WE, CAN WE GET YOU TO GO AHEAD AND HANG ON FOR A YEAH, YOU CAN STATE YOUR NAME.
I'LL GO AHEAD AND READ THIS AND, AND JUST, AND WHEN YOU DO RESPOND, WHAT I WAS ASKING IS, IS THAT THE HEIGHT LIMIT OF THREE FEET, UH, YOU KNOW, STARTS AT THE VERY, VERY FRONT OF YOUR HOME AND THE YELLOW HIGHLIGHT IS GOING PAST THAT.
SO WHAT, WHAT'S, YOU KNOW THAT BACK PART? IT'S, IT'S NOT PART OF WHAT OH YES.
BUT PLEASE TELL US ABOUT YOUR FENCE.
THANK YOU FOR THE OPPORTUNITY TO SPEAK.
MY NAME'S ROY HORN LIVE AT, UH, 9 7 2 5 TOWER VIEW.
MY WIFE AND I OWN THE PROPERTY AT 9 1 1 5 CALLAHAN ROAD.
THIS WAS HER CHILDHOOD HOME THAT WAS BUILT IN 1948 WHEN THIS WAS OUT IN THE COUNTRY.
AND THE STREET WAS ACTUALLY CALLED KENNY ROAD.
UH, THE CITY THEN GREW AROUND THIS RURAL AREA.
UH, I BELIEVE I'VE MET ALL THE CONDITIONS TO HAVE MY VARIANCES APPROVED AND THERE'S EVEN MORE EVIDENCE IN THE CASE, NOT IN MY APPLICATION.
UH, ONE, I THINK THEY'VE KIND OF COVERED THAT FOR MANY BLOCKS TO THE WEST.
ON MY SIDE OF CALLAHAN, YOU SEE MOSTLY SIX FOOT WOODEN PRIVACY FENCES.
AND THEN ON THE OTHER SIDE OF CALLAHAN, IT'S STONE HAVEN, WHICH IS KIND OF NEAR THAT KIPP SCHOOL.
UM, THAT'S 89 0 2 CALLAHAN, WHERE I ACTUALLY LIVED WHEN I WAS IN HIGH SCHOOL.
AND IT'S GOT HAD A SIX FOOT WOODEN PRIVACY FENCE IN THE FRONT YARD, UH, UP AT THE FRONT LIKE WE'RE OUR APPLICATION.
UH, IT'S BEEN THERE FOR ABOUT 20 YEARS.
UH, THE OTHER CONDITION NOT MENTIONED IN MY APPLICATIONS OF PUBLIC SAFETY AND ANIMAL PROTECTION ISSUE.
UH, FOR YEARS, A FEW DOS HAVE CROSS FENCE CHECKS AND TO BRING THEIR FAWNS TO OUR BACKYARD.
UH, WE LOVE FEEDING 'EM AND SEEING THEM, BUT MOST OF THE YOUNG DEER GET HIT IN THE ROAD AND THEN DIE ON OUR PROPERTY.
THIS IS MULTIPLE DEER PER YEAR.
UH, WE QUIT FEEDING THEM A FEW YEAR AGO, SO WHEN WE REALIZED WE WERE CONTRIBUTING TO THE PROBLEM, BUT THE DOS THAT KNOW THAT THAT'S THERE STILL COME.
SO WHILE WE MISS THEM COMING ONTO OUR PROPERTY, IT'S BETTER FOR THE DEER AND THE DRIVERS THAT HIT 'EM, UH, TO PUT THE FENCE UP AND CHANGE THE WAY THEY TRAVEL BACK AND FORTH ACROSS FENCE JACKSON, KIND OF TO THAT RAILROAD TRACK AREA.
CAN, CAN YOU, UH, WE'RE WERE PASSED OUT A, A PICTURE.
UH, CAN YOU EX UH, ELABORATE THAT'S CALLAHAN AND STONEHAVEN.
THE HOUSE I LIVED AT WHEN I WAS IN HIGH SCHOOL AND UH, THAT'S THE FRONT YARD AND THAT'S A SIX FOOT WOODEN FENCE.
OH, YOU WERE JUST SHOWING IT AS AN EXAMPLE OF A I JUST MISSED IT IN MY APPLICATION THAT THAT WAS THERE THE OTHER DAY.
I LOOKED AT IT AND SAID, I CAN'T BELIEVE I DIDN'T PUT THAT ONE IN THE PACKET SINCE I LIVED THERE.
IS THERE ANY COMMISSIONER QUESTIONS? UH, ANY, UH, VOICEMAILS? ANYONE SIGNED UP TO SPEAK? SO WE HAVE ONE, UH, SIGNED NOTE TO SPEAK, BUT THEY SIGNED IN AFTER ONE O'CLOCK, SO IT'S UP TO THE CHAIR.
COME ON UP, MR. VANESSA PATTA.
OKAY, WE'RE GONNA HEAR FROM, YEAH.
PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS.
UH, MY NAME IS, UH, VINCE PATTA.
I LIVE AT 28 11 DEER LEDGE AND WE GOT THE NOTICE IN THE MAIL.
AND, UH, WE'VE LIVED AT ON DEER LEDGE, UH, ABOUT 27 YEARS.
SO, UM, I'M MARRIED TO MY WIFE, SHE'S ALSO THERE.
UH, I'M KIND OF JUST, UH, HAVE MIXED FEELINGS ABOUT THIS BECAUSE, UH, BASICALLY, UH, WHEN YOU ASK FOR VARIANCES, YOU GIVE IT TO ONE PERSON, THEN YOU HAVE TO START GIVING IT TO OTHER PEOPLE.
SO I REALLY FEEL THAT YOU SHOULD TRY TO FOLLOW WHAT CODES YOU HAVE ALREADY ON THE, UH, BOOKS AND IT'S UP TO THE CITY TO MAKE ADJUSTMENTS TO THOSE CODES.
[01:40:01]
SO I'M JUST NOT REALLY FEELING GOOD ABOUT IT BECAUSE IF YOU LET ONE DO IT, THEN SOMEBODY ELSE IS GONNA COME ALONG AND YOU GOTTA GIVE THEM A VARIANCE.UH, WE HAD THAT KIND OF THING HAPPEN TO US ABOUT SEVEN YEARS AGO, EIGHT YEARS AGO, AND WE DIDN'T, WE WERE DENIED THE VARIANCE.
I CAN UNDERSTAND THEY MADE THE DECISION, WE LIVED IT WITH IT, BUT I JUST FEEL THAT, UM, PUTTING FENCES UP, PARTICULARLY IN OUR NEIGHBORHOOD, IT DETRACTS FROM THE BEAUTY.
AND, UH, I GO RUNNING IN THE NEIGHBORHOOD AND I RUN RIGHT BY THIS PROPERTY.
AND TO SEE MORE AND MORE FENCES GOING UP, IT JUST LOOKS MORE AND MORE UGLIER.
AND I JUST LIKE TO SEE THE OPEN OPENNESS OF THE, UH, OF THE AREA.
IT STARTS TO LOOK MORE AND MORE, I DON'T KNOW WHAT YOU SAY IT INDUSTRIAL AND I DO THINK IT AFFECTS OUR PROPERTY, PROPERTY VALUES.
SO, UM, SO, SO YOU LIVE AT, UM, ON THE PROPERTY OR GUESS IN THE NEIGHBORHOOD DEER LEDGE, UH, BEHIND LOCATED BEHIND HIS THIS PROPERTY.
AND SO, SO, UM, SO AN OBSERVATION I HAVE IS CALLAHAN CERTAINLY IS PROBABLY A BUSIER STREET THAN, THAN YOUR STREET.
WOULD THAT BE A TRUE STATEMENT? SO, SO, UM, YEAH, I JUST WANT OKAY.
I KIND OF JUST SEE IT AS OUR WHOLE NEIGHBORHOOD BECAUSE I GO RUNNING AROUND THAT WHOLE AREA.
IT'S A REAL NICE PIECE OF, UH, NICE NEIGHBORHOOD.
I HAD A QUESTION FOR YOU AS WELL.
YOU SAID YOU WERE SEEKING A VARIANCE ON YOUR PROPERTY.
WERE YOU SEEKING A SIX FOOT? NO, WE WERE SEEKING AN EIGHT FOOT, BUT WE WERE DENIED.
SO WE HAD TO HAVE FOOT, WE HAD TO CUT IT DOWN TO SIX ON DEER LEDGE OR ON, ON DEER LEDGE.
'CAUSE THE PROPERTY SLOPES DOWN, UH, IN FRONT OUR NEIGHBOR IN THE FRONT OF THE PROPERTY? NO, ON THE SIDE.
I DON'T KNOW WHAT SIDE THAT IS, BUT WE WANTED TO PUT IT BECAUSE OF THE CHANGE IN ELEVATION OF THE, OF THE LAND.
WHAT WAS YOUR ADDRESS? DEER? 2 8 1 1 28 11 DEER LEDGE.
YOU'RE CLOSER TO VINCE JET, RIGHT? RIGHT AT THE VERY EDGE OF THE, THAT NORTHERN, UM, YEAH, HE, HE GOT, HE SAID HE GOT A NOTICE, BUT THAT WOULD BE, THAT LOT'S NOT IN, THAT DOESN'T APPEAR TO BE IN THE RED DASHED AREA.
YEAH, IT LOOKS LIKE THE RED IS LIKE JUST BARELY HITTING IT AND THAT'S WHY HE RECEIVED A NOTICE.
WELL, MY WIFE ALSO, UH, OWNS THE PROPERTY ACROSS THE STREET AT 28 14.
AND, AND DOES, DOES IT, YOU KNOW, THAT ONE OF THE CODES DID CHANGE, IT LOOKS LIKE YOUR NEIGHBOR AT 28 18 APPEARS TO HAVE A POOL IN THE BACKYARD.
YEAH, YOU CAN DO AN EIGHT FOOT FENCE IF YOU ON THE, ON A SIDE WHERE YOU OR YOUR NEIGHBOR HAS A POOL.
SO YOU DON'T NEED A VARIANCE ANYMORE.
IF YOU WANTED TO PURSUE SUCH A THING ON THAT, ON THAT SIDE, THAT SIDE OF THAT ONE LOT.
OH, WELL, WE'RE, WE'RE NOT TOO WORRIED ABOUT THAT ANYMORE.
I MEAN, UH, THOSE PEOPLE ARE PRETTY MUCH, UH, WHAT DO YOU CALL IT? UH, YOU KNOW, QUIET,
BUT THEY, THEY, THEY TEND TO, YOU KNOW, DO THEIR OWN THING.
SO WE'RE NOT TERRIBLY TOO WORRIED ABOUT THAT.
ANY, BUT I APPRECIATE YOU LETTING ME KNOW.
IS THERE ANY OTHER QUESTIONS FOR THE SPEAKER? THANK YOU VERY MUCH.
WE HAVE THE APPLICANT COME BACK FORWARD.
SO YOU HEARD SOME, UH, CONCERNS.
UM, IS THERE ANYTHING YOU'D LIKE TO ADD OR, OR I'D SAY THE MAIN THING, THE CHARACTER OF THAT PART OF CALLAHAN, EVEN THOUGH IT'S R FIVE ZONING, MINES A RURAL TWO ACRES.
IT WAS BUILT AROUND BY OTHER SUBDIVISIONS AND, UM, IT'S NOT A NORMAL R FIVE NEIGHBORHOOD WHERE YOU SEE A BLOCK OF 20 HOUSES IN SOMEBODY'S STICKS, A FENCE IN THE FRONT YARD THAT BLOCKS THE VIEW TO THE LEFT OR RIGHT.
IT'S NOT THAT SITUATION AT ALL.
UH, STAFF I I IS IS THERE A CHANGE IN THE FENCE CODE IF YOU'RE CONSIDERED A LARGE LOT? WHY DON'T I THINK OF THAT? IF YOU WERE LIKE A MORE THAN AN ACRE, THERE WAS SOME DIFFERENT RULE, UM, YOU COULD HAVE A PREDOMINANTLY OPEN FENCE, AN EXTRA FOOT IN THE FRONT.
SO LONG AS, UM, YOU ARE, YOU'RE CONSIDERED A LARGE LOT.
AND IS THERE, IS THERE ANYTHING ASSOCIATED WITH A BUDDING, A THOROUGHFARE? NO, IT'S JUST A HUNDRED FOOT, UM, A HUNDRED FOOT STREET FRONTAGE AND, UM, THE CONSIDERATION OF A LARGE LOT, WHICH IS, UH, SO THEY CAN HAVE A SIX FOOT PREDOMINANTLY OPEN FENCE AND THEN IT HAS TO BE TWO THOU 20,000 SQUARE FOOT LOT.
[01:45:01]
OKAY.I JUST WANTED TO PUT THAT OUT THERE.
I THOUGHT THERE WAS SOMETHING.
IS THERE ANY, UH, QUESTIONS FOR THE APPLICANT? THANK YOU.
HEARING NONE IS LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO OA DASH 25 DASH 0 3 0 0 0 3 6.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR THREE FOOT FENCE HEIGHT, SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT SOLID FOOT FRONT YARD FENCE HEIGHT TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD, SITUATED AT 9 1 1 5 CALLAHAN ROAD.
APPLICANT BEING LEROY B HORN III BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER STAFF FINDS THE REQUEST TO BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE ORDINANCE AS THE SIX FOOT PRIVACY FENCE WILL NOT INTERFERE WITH A CLEAR VISION OR INJURE THE PROPERTIES WITHIN THE SURROUNDING AREA.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AS THE SIX FOOT FRONT YARD FENCE WILL MATCH THE EXISTING APPEARANCE.
UH, AND PREVIOUSLY APPROVED VARIANCE.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE THIS FENCE, SPECIAL EXCEPTION WILL NOT INJURE NEIGHBORING PROPERTIES AS THE IMMEDIATE AREA IS DOMINATED WITH SIX FOOT PRIVACY FENCE FENCES.
D THE SPECIAL EXCEPTION 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 IN THE FRONT YARD DOES NOT APPEAR TO ALTERNATE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS IT WILL MATCH THE IMMEDIATE AREA.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS WE'RE IN ESTABLISHED BY THE SPECIFIC DISTRICT FOR THE SPECIFIC DISTRICT THAT THE REQUESTED SPECIAL EXEMPTION EXCEPTION FOR A SIX FOOT PRIVACY FRONT YARD FENCE WILL NOT WEAKEN THE GENERAL PURPOSE AS MULTIPLE SIDE AND REAR FENCES THAT FACE, FENCES THAT FACE CALLAHAN ROAD.
SECOND BY COMMISSIONER BARRINGTON.
YEAH, I'M VERY FAMILIAR WITH THIS AREA AND I KNOW THAT THE ARE, UH, NOT ONLY A NUMBER OF SCHOOLS IN THE AREA, UM, THEY ARE VERY CLOSE TO I 10 AND FOUR 10.
A LOT OF COMMERCIAL UP AT THAT END OF THE STREET.
UH, THE KIPP ACADEMY IS NEW, UH, WITHIN THE LAST, I'M GONNA SAY LESS THAN 10 YEARS, OBVIOUSLY, UM, MUCH NEWER THAN THE SUBJECT PROPERTY.
UM, AND SO THEY ARE SURROUNDED BY A LOT OF DIFFERENT FACTORS THAT I THINK DO, UH, WARRANT HAVING A A, A TALLER FENCE, ESPECIALLY SINCE THEY ARE, IT IS IN HARMONY WITH OTHER FENCES, UH, IN THE NEIGHBORHOOD.
UH, BARRINGTON? YEAH, I'M ALSO, UM, QUITE FAMILIAR WITH THIS AREA BECAUSE I HAPPEN TO LIVE, UH, JUST SOUTH OF CALLAHAN ROAD, UH, WEST OF VANCE JACKSON.
AND I KNOW THAT THIS REQUEST IS IN HARMONY WITH THE CHARACTER OF THE SURROUNDING NEIGHBORHOOD WHERE THERE ARE A LOT OF SIDE AND REAR YARD FENCES THAT ARE SIX FEET.
AND, UH, I ALSO KNOW THAT THERE ARE DEER THAT RUN UP AND DOWN THE RAILROAD LINE AND COME INTO THE NEIGHBORHOOD.
UH, SO I, I'M IN FAVOR I'LL SUPPORT THIS CASE AS WELL AS THE NEXT ONE ON OUR AGENDA FOR THOSE REASONS.
UM, ANYONE ELSE LIKE TO ADD MANNA? COMMISSIONER MANNA? UM, ALSO, AND THE REASON WHY I BROUGHT UP THE DIALOGUE WITH REGARDS TO, UM, THE TRAFFIC ON THE STREET, SO, SO A LOT OF TIMES FENCES ARE PUT UP FOR NOISE ABATEMENT AND I THINK, UM, A SOLID STRUCTURE HERE WILL, I GUESS ENABLE MORE, UH, THE, I GUESS THE ENJOYMENT OF THE PROPERTY ITSELF.
ALRIGHT, ANYONE ELSE LIKE TO ADD? UH, I'M GONNA JUST CHIME IN.
UH, THAT, YOU KNOW, THIS IS A LARGE LOT, UH, HISTORICALLY WHEN WE'VE SEEN THESE, I REMEMBER ONE PROBABLY FROM SIX, SEVEN YEARS AGO OFF OF BLUE SKY BY BIDDERS, ANOTHER LARGE LOT, UH, THAT ONE COME TO MIND FOR SOME REASON.
BUT ACROSS THE STREET THERE WAS ALSO SOME MORE LARGE LOTS.
SO THERE'S, THIS IS JUST KIND OF LIKE AN ISOLATED TYPE OF SITE THAT THAT'S OFF OF A THOROUGHFARE.
SO I HAVE NO ISSUE WITH A TALLER FENCE ON THIS ONE.
SO IT'S UM, A RULE CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS, CHAIR STEVENS.
COMMISSIONER, I BONIN COMMISSIONER.
[01:50:01]
MANNA.I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
UH, I THINK I'D LIKE TO HEAR NINE BEFORE WE TAKE A BREAK SINCE IT'S SO SIMILAR AND IT'S A NEIGHBORING PROPERTY.
SO ITEM NINE, AGENDA ITEM NINE, BO O 8 25 1 0 3 0 0 0 3 7.
ADDRESS IS 91 0 3 CALLAHAN ROAD.
APPLICANT IS RAYMOND L. JOHNSON.
REQUEST A FOUR FOOT SIX INCH FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT SOLID FRONT YARD FENCE HEIGHT TO ALLOW A SEVEN FOOT SIX PRIVACY FENCE IN THE FRONT YARD.
AND TWO, A FIVE FOOT DRIVEWAY.
CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION ZONING IS R FIVE.
SUBJECT PROPERTY IS LOCATED ON CALLAHAN ROAD NORTHWEST OF VINCE JACKSON ROAD WITHIN BLOCKS OF KIPP ACADEMY.
ON FEBRUARY 7TH, 2025, CODE ENFORCEMENT RESPONDED TO A CITIZEN CALL FOR A PRIVACY FENCE CONSTRUCTED WITHOUT A PERMIT.
THE APPLICANT IS SEEKING A FOUR FOOT SIX INCH FENCE HEIGHT, VER SPECIAL EXCEPTION TO ALLOW A SEVEN FOOT SIX FRONT YARD FENCE AND A FIVE FOOT CLEAR VISION VARIANCE TO ALLOW A FENCE TO BE 10 FEET FROM THE STREET CURB.
THE BOARD OF ADJUSTMENT APPROVED A SIX FOOT FENCE, FRONT YARD PRIVACY FENCE HEIGHT AND 90 22 CALLAHAN ROAD, MULTIPLE SIDE REAR YARD FENCES, FACE CALLAHAN ROAD IN THE AREA.
AND THEN THIS IS THE SUBJECT PROPERTY, WHICH IS NEXT DOOR TO THE PREVIOUS 1 91 0 3 AND THIS IS THE ONE OF THE DRIVEWAY ENTRANCES TO THE PROPERTY.
THERE'S TWO DRIVEWAY ENTRANCES TO THIS PROPERTY.
AND THIS IS THE PICTURE OF THE FENCE HEIGHT.
AND THEN THIS IS THE CLEAR VISION MEASUREMENT FROM THE CURB.
AND THE NEXT PICTURES ARE SURROUNDING AREAS.
YOU'RE GONNA SEE VARIOUS FENCES ACROSS CALLAHAN.
AND ON THIS SAME SAME SIDE, THE STAFF RECOMMENDATION DRIVEWAY, CLEAR VISION VARIANCE STAFF RECOMMENDS DENIAL MBO 8 25 1 0 3 0 0 0 3 7 BASED ON THE FOLLOWING, THERE ARE NO UNIQUE CIRCUM CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED CLEAR VISION REQUIREMENT AND THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER FENCES ENCROACHED INTO THE CLEAR VISION IN THE IMMEDIATE VICINITY.
STAFF RECOMMENDATION, FINITE SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL MBO 8 25 1 0 3 0 0 3 7 WITH AN ALTERNATE ALTERNATE RECOMMENDATION OF SIX FEET FRONT YARD PRIVACY FENCE BASED ON THE FOLLOWING FINDINGS, THE FENCE SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS NO OTHER PROPERTIES IN IMMEDIATE AREA HAVE FENCES EXCEEDING THE REGULATIONS OF THE UDC AND HEIGHTENED PRIVACY.
AND THE FENCE WILL MATCH THE MULTIPLE SIDE REAR YARD FENCES FACING CALLAHAN ROAD AND THE PREVIOUSLY APPROVED FRONT YARD PRIVACY FENCE STAFF NOTIFICATIONS.
ONE RECEIVED IN FAVOR KNOWN OPPOSITION AND NO RESPONSE FROM THE REGISTERED COMMUNITY ORGANIZATIONS.
AND THIS IS THE ONE RESPONSE FROM THE NEIGHBOR ACROSS THE STREET.
AND THIS CONCLUDES, THAT'S PRESENTATION AND APPLICANT IS AVAILABLE.
SO WITH REGARDS TO THE CLEAR VISION, UM, WHAT WOULD THE FENCE HAVE TO HAVE HAPPENED TO IT TO BECOME COMPLIANT? THEY WOULD HAVE TO MOVE IT BACK.
THE WHOLE FENCE OR, OR THE, UH, AREA AROUND THE DRIVEWAY ITSELF.
TYPICALLY IT'S THE WHOLE FENCE.
THE ONLY TIME WE WOULD DO THAT 45 IS LIKE ON THE CORNER LOTS WHEN WE HAVE THAT 25, UH, IT, IT'S 15 FEET FROM 15, UH, DRIVEWAY DRIVEWAY, 15 FEET FROM THE DRIVEWAY.
IT'S A, IT'S A, IT'S A, SO ON YOUR THING IT IS A TRIANGLE ON THE UDC TRIANGLE, BUT IT'S ALSO THE UDC IS SHOWING IT MEASURED TO THE STREET CURB.
WAS THAT MEASUREMENT TAKEN IT TO THE BACK OF THE RETAINING WALL CURB? NO, IT, IT SHOULD HAVE BEEN TAKEN IT TO THE STREET CURB TO THE STREET.
SO CAN YOU BRING UP BACK FROM THE SIDE, FROM THE SIDEWALK? YEAH, THERE'S A, THERE'S A PICTURE WHERE IT'S, YEAH, THAT PICTURE.
SEE THAT'S, THAT'S, IT NEEDS TO BE FURTHER TO THE STREET.
I'M JUST WONDERING IF THIS VARIANCE IS ACTUALLY REQUIRED BECAUSE IT LOOKS LIKE IF THE SIDEWALK'S FOUR FEET IN THAT RETAINING WALL IS WHATEVER, THICK AND THEN THE CURBS GONNA BE SEVEN TO NINE INCHES THICK, IT MAY ALREADY BE 15 FEET.
THAT THAT'S, THAT'S WHY I WAS GOING DOWN THAT PATH.
AND I SEE THE APPLICANT, HOPEFULLY
[01:55:01]
HE HAS A MEASUREMENT OR SOMETHING, SOAND THEN, UH, PRESENTATION, UH, STATE YOUR NAME, TELL US ABOUT YOUR, YOUR FENCE AND MAYBE YOU HAVE A PICTURE OF A DIFFERENT MEASUREMENT.
UM, MY NAME IS RAYMOND JOHNSON.
UM, I'M A CPA HERE, UH, WITH ONE OF THE ACCOUNTING S IN ANTONIO.
AND I'M HIS WIFE CHRISTINA JOHNSON.
I AM A, UH, SCHOOL COUNSELOR WITH IDEA.
SO EARLIER TODAY, UM, I HEARD YOU ASK SOMEONE, LIKE, TELL YOU, TELL 'EM A LITTLE BIT ABOUT THE BACKGROUND AND LIKE WHY WE'RE HERE.
UM, THE MAIN REASON WE'RE HERE, I'LL BE HONEST, LIKE THIS IS THE FIRST HOME WE'VE EVER BUILT, TRUSTED THE BUILDER, TRUSTED A CON CONTRACTOR TO DO THE THINGS THEY WERE SUPPOSED TO DO.
UM, OBVIOUSLY THAT DIDN'T HAPPEN, RIGHT? UM, AND THEN, YOU KNOW, THERE WAS SOMEONE WHO CALLED IN A COMPLAINT ABOUT THE FENCE.
UM, REALLY DIDN'T MAKE A LOT OF SENSE TO ME SINCE THE, THE FENCE IS ACTUALLY VERY COMPARABLE TO A LOT OF OTHER PROPERTIES THAT WE SEE ON CALLAHAN.
UM, I DID NOTICE THAT ON ONE OF THE PICTURES IT MENTIONED THAT THE FENCE WAS SEVEN FEET, SIX INCHES.
IF YOU CAN SEE FROM THIS FIRST PICTURE ON THE LEFT, IT ACTUALLY IS DUE TO THE SLOPE OF THE PROPERTY.
ONCE IT LEVELS OFF, THERE IS NO FENCE THAT'S ABOVE, UM, SIX FEET IN THE HEIGHT, RIGHT? SO WE DIDN'T, YOU KNOW, BUILD A TERRAIN OR ANYTHING LIKE THAT, ALL THE DRIVEWAYS AND, AND, AND THOSE THINGS WERE ALREADY PRESENT WHEN WE GOT THE PROPERTY.
UM, MAIN REASON, UM, SORRY, THIS IS MAKING ME MORE NERVOUS THAN I WAS ON MY WAITING DAY.
UM,
SO WE BOUGHT THE PROPERTY IN 2021, HAD ISSUES WITH, UH, PEOPLE FACING HOMELESSNESS, KIND OF HANGING OUT IN THE WATER WELL AREA WITH, UH, DRUG PARAPHERNALIA AND STUFF LIKE THAT.
WE HAVE A DOG, WE DON'T WANT THEM TO FIGHT.
UM, A THREE FOOT FENCE, THE DOG CAN JUMP OVER THAT.
UM, AND WITH THERE BEING AN ELEMENTARY SCHOOL RIGHT NEARBY AND THE BUS STOP, WE DIDN'T WANT THAT KIND OF INTERACTION BETWEEN OUR DOG AND THOSE, THE, YOU KNOW, THE WALK BYS.
UM, WE'VE ALSO HAD, UM, WHEW, WE'VE HAD ABOUT THREE INCIDENTS WHERE WE HAD TO CALL THE AUTHORITIES.
WE'VE HAD WINDOWS STOLEN BEFORE THE PROJECT WAS DONE.
UH, POWER WASHER STOLEN, WASHER AND DRYER STOLEN.
UM, EVEN RECENTLY, YOU KNOW, THERE KIDS THAT RIPPED THE NUMBERS OFF OF OUR MAILBOX.
UM, WE'VE HAD PEOPLE THAT DRIVE BY AND THROW TRASH AND MAIL INTO LIKE THE PROPERTY.
AND SO FOR US AND, AND ME AS THE, YOU KNOW, THE, THE HEAD OF THE HOUSEHOLD, IT'S MY RESPONSIBILITY TO PROTECT MY FAMILY.
UM, AND SOME OF THAT IS JUST HAVING A PRIVACY BARRIER THERE.
UM, SO THIS PICTURE HERE IS DIRECTLY ACROSS THE STREET FROM THE PROPERTY.
THAT'S AN EXAMPLE THAT WE SAW WHERE THE, THE STRUCTURE ITSELF IS SIX FEET, BUT THEN OF COURSE ONCE YOU ADD THE CONCRETE, UH, CONCRETE FLOOD THAT THEY HAVE THAT SIX FEET.
UM, AND JUST LITERALLY DRIVING UP AND DOWN CALLAHAN, YOU'LL SEE SEVERAL STRUCTURES THAT ARE EITHER SIX FOOT WOOD OR SIX FOOT VINYL OR SIX FOOT, WHATEVER THAT MATERIAL IS.
SO YES, ON, ON THAT, THAT LITTLE INCLINE THAT YOU SEE THERE ON THE FIRST, THE FIRST PICTURE, YEAH, THAT BOTTOM PIECE, BOTTOM LEFT PIECE DOES EXTEND PAST SIX FEET, BUT ONCE IT LEVELS OFF, EVERYTHING IS SIX FEET THERE.
YEAH, THAT'S WHAT I MEAN IN THE, IN THE FRONT.
UH, THIS IS MAINLY ABOUT JUST SECURITY AND SAFETY FOR OUR PROPERTY.
UM, SO WE DO HAVE, YOU KNOW, A, A CAMERA ON THE ENTRANCE AND THE THING IS, THERE'S BEEN NUMEROUS PEOPLE WHEN THE GATE IS OPEN OR THERE WASN'T A GATE THAT JUST THINK IT'S OKAY TO JUST WALK UP TO THE PROPERTY AND ONE OF THEM LOOKS LIKE A GENTLEMAN THAT SPOKE EARLIER.
SO FOR ME, MY FAMILY IS MY NUMBER ONE, RIGHT? UM, AND I TRUSTED PEOPLE TO TAKE THE RIGHT STEPS TO GET PERMITS AND THINGS LIKE THAT.
AND FOR WHATEVER REASON THAT DIDN'T HAPPEN.
UM, AND NOW I'M JUST HERE TO TRY TO MAKE SURE ONE, MY FAMILY'S PROTECTED, BUT TWO, Y'ALL HAVE THE INFORMATION THAT I HAVE TO MAKE THE DECISION THAT'S KIND OF BEST FOR THE COMMUNITY AND BEST FOR OUR FAMILY.
SO, UM, DO YOU FEEL LIKE I MISSED ANYTHING THAT I NEED TO NO, I THINK YOU DID.
SO WE, WE SENT SEVERAL PICTURES OF EITHER, YOU KNOW, UH, PROPERTIES THAT ARE SIMILAR AND ROY AND I KIND OF TALKED ABOUT THIS.
DEFENSE DESIGN IS BASED ON SOMETHING THAT THE PREVIOUS APPLICANT, UH, AND I HAD AGREED ON IN LOOKING AT NEIGHBORING PROPERTIES AND THINGS LIKE THAT.
SO THIS WASN'T SOMETHING THAT WAS DONE, YOU KNOW, AND ISOLATED.
WE WANTED TO COME TOGETHER AND MAKE SURE WE WERE PRESENTING SOMETHING IN TERMS OF VISUAL APPEAL THAT WE WOULD AGREE ON AND WE THOUGHT STILL BROUGHT A, A GOOD HIGHLIGHT TO
[02:00:01]
THE COMMUNITY, RIGHT? UM, SO THAT'S, THAT'S OUR THOUGHTS THERE.SO I'M GONNA JUST, UH, CHIME IN JUST A COUPLE THOUGHTS.
UM, SO THE FENCE CODE DOES GIVE SOME LEEWAY ONLY FOR SITE AND REAR FENCES.
DUE TO SLOPE CHANGES WHERE YOU GET UP TO TWO FEET.
SO IF YOU'RE, IF YOU'RE PUTTING IN THAT SIX FOOT FENCE AND IT GOES UP TO SEVEN AND A HALF ON A SIDE OR REAR, UH, THAT'S OKAY.
AND SO YOUR FENCE CONTRACTOR PROBABLY THOUGHT IT MEANT ALL SIDES, YOU KNOW.
UM, THE THING ABOUT THE, UM, THE CLEAR VISION IS, UH, CALLAHAN IN THIS PART HAS A, AN EXTREMELY NARROW SIDEWALK.
IT ISN'T A FOUR OR SIX FOOT THAT YOU WOULD NORMALLY SEE.
IT LOOKS LIKE IT'S THREE FOOT BARELY.
AND THAT'S PROBABLY WITH THE CURBING.
UM, SO IT WOULD, SO IF, UM, I THINK THAT THEY MAY STILL NEED A VARIANCE, BUT THEY PROBABLY DON'T NEED FIVE FEET.
SO YES, COMMISSIONER MANN AND, AND SO I GUESS, SO THE DISTANCE FROM THE, AGAIN, SO IT'S A DIALOGUE ABOUT 15 FOOT, UM, UH, ON THE DRIVEWAY ITSELF.
AND SO THE QUESTION I WOULD ASK IS, UM, TO BE CLEAR FROM THE, FOR THE CLEAR VISION OR, OR TO REMOVE THAT REQUIREMENT, BASICALLY YOU HAVE TO HAVE 15 FEET CLEARED.
AND SO COULD THAT CORNER BE SHAVED A LITTLE BIT, UM, SO THAT IT DOESN'T GO ALL THE WAY TO THE STREET AND YOU DO HAVE THAT 15 FOOT AT THAT SPOT.
THE REST OF IT, YOU KNOW, UM, ONCE YOU'RE PAST THAT 15 FOOT, YOU KNOW, I THINK IT'S A DIFFERENT DIALOGUE, BUT REALLY IT'S JUST COMING IN AND OUTTA THE DRIVEWAY.
AND, AND ONE OF THE REASONS WE GO THERE AND, AND IT'S A CONCERN TO ME IS BECAUSE AGAIN, I'VE BROUGHT UP THAT CALLAHAN'S BUSY, RIGHT? AND SO, SO WE WANT SAFETY OF EVERYBODY ENTERING THE DRIVEWAY AND EXITING THE DRIVEWAY AND ALL THE COMMUTERS THAT ARE GOING BY THERE.
AND THAT'S WHY I THINK THE, THE, THE CLEAR VISION IS IMPORTANT FOR THIS PARTICULAR LOT.
CAN, CAN I RESPOND TO THAT? YEAH.
SO FOR, FOR US, THAT WAS BEFORE HE EVEN PUT THE FENCE UP, ONE THING THAT WE DID WAS DRIVE OUT THERE AND SEE AS WE'RE EXITING PROPERTY, MAKE SURE WE HAD CLEAR VISION WHERE HE HAD INITIALLY STUCK OUT WHERE HE WAS GOING TO PUT THE FENCE.
UM, AND THAT'S ON BOTH SIDES OF THE DRIVEWAY.
NOW, UNFORTUNATELY, THE DRIVEWAY ON THE RIGHT SIDE, IF YOU'RE LOOKING AT THE PROPERTY, IS A LITTLE BIT MORE NARROW THAN THE ONE ON THE, ON THE LEFT SIDE OF THE PROPERTY.
WHY? I DON'T KNOW, THE SLOPE IS ALSO DIFFERENT, RIGHT? AND SO WHAT THE, THE FENCE CONTRACTOR DID WAS HE, HE TRIED TO MAKE SURE THAT ALL OF THE, THE MATURE OAK TREES WERE BEHIND THE FENCE.
SO THERE, THERE WASN'T ANY ISSUE WITH ANYONE COMING BY AND A, YOU KNOW, POTENTIALLY A BRANCH KIND OF SNAPPING OFF AND HITTING THEM OR SOMETHING.
OR WE, OR, YOU KNOW, ANY OF THE KIDS WALKING BY OR ANY OF THE HOMELESS PEOPLE WALKING BY FOUND A WAY TO CLIMB THAT AND THEN ENTER THE PROPERTY, RIGHT? SO IT WAS MORE ABOUT WHAT DO WE HAVE TO DO TO POSITION IT TO ENSURE THAT WE ARE PROVIDING A, A SAFETY MEASURE FOR THE FAMILY, RIGHT? SO THAT WAS KIND OF THE, THE THOUGHT THERE BEHIND ALL OF THAT.
NOW, AGAIN, I DON'T KNOW IF IT, IF IT'S, YOU KNOW, IF YOU MEASURE FROM THE SIDEWALK TO THAT FENCE, IF IT'S 14 AND A HALF OR, YOU KNOW, 14 AND EIGHT, EIGHT INCHES, AND THEN TO MOVE IT ALL, ALL BACK, YOU KNOW, SIX INCHES WOULD BE AN INCREDIBLE COST FOR US.
WE'RE TALKING JUST THAT CORNER NOW, OR THE CORNERS NEXT TO THE DRIVEWAY.
NOT THE WHOLE FENCE, NOT THE WHOLE FENCE, JUST THE CORNERS.
AND SO THE EXAMPLE IS ON THE FENCE, UM, YOU WOULD, YOU WOULD GET RID OF THE CORNER POST AND THEN CONNECT THE DOTS BETWEEN THE TWO POSTS ON THE SIDE AND THEN ALSO THE PICTURE ON THE LEFT.
SO THE FENCE ON THE LEFT, IT, IT, IT BUTTS OUT, OR SIX OUT FOUR FEET FROM THE BUDDING FENCE BEHIND.
UH, THAT'S BASICALLY TO THE, ON THIS PICTURE, WE'LL SAY ON THE WEST SIDE.
SO IT, IT'S STICKING OUT PAST THAT FENCE THERE.
AND THAT'S EXAMPLE, SO, SO NOT FOLLOWING ALL THE WAY DOWN THAT SLOPE, BUT CUTTING IT BACK.
SO IT IS, IS AT 15 FOOT WOULD BE, YOU KNOW, LIKE THE REQUEST I WOULD MAKE BE MAKING.
SO I BELIEVE, UM, IN THE PICTURE YOU WERE JUST SHOWING ON THE LEFT SIDE, THAT IS 15 FOOT, THE SIDE THAT THEY MEASURED WAS THIS SIDE OVER HERE CLOSEST TO UM, ROY, ON THE RIGHT HAND SIDE, THAT ONE IS THE SHORTER DISTANCE.
BUT ON THE OTHER SIDE WE DO MEET, DO YOU KNOW WHAT THAT DISTANCE IS, I DON'T, OFF THE TOP OF MY HEAD.
I, I MAY HAVE MEASURED BECAUSE HE, WHAT WE HAD WAS A MEASURING TAPE THAT WENT OUT TO THAT RETAINING WALL.
AND IT LOOKS LIKE YOU, YOU WOULD HAVE ABOUT ALMOST THREE FEET OF ADDITIONAL.
SO THAT, THAT DIMENSION IS 10 FEET.
SO IF YOU HAD, YOU KNOW, FOR THAT THREE FOOT NARROW SIDEWALK, THAT'D BE A TWO FOOT VARIANCE INSTEAD OF A FIVE.
IT SURE MAKES ME FEEL BETTER ABOUT IT.
SO THE, THE ONE ON THE LEFT I HAVE, IT LOOKS LIKE IT'S OVER.
OF COURSE, I DID A VIDEO INSTEAD OF A PICTURE 'CAUSE I WAS DOING IT BY MYSELF.
UM, OH, HOW DO YOU STOP THIS? YOU HAVE TO PAUSE IT.
WAIT, DO YOU KNOW HOW TO DO THIS? TECHNOLOGY'S NOT MY THING.
[02:05:01]
UH, ARE THERE ANY OTHER COMMISSIONER QUESTIONS WHILE THEY'RE LOOKING THAT UP? SEES DOING, HEARING NONE, THE VIDEO JUST KEEPS LOOPING, BUT YOU THINK FOR SURE YOU, FOR SURE YOU HAVE 15 ON ONE SIDE.
UH, SO THE, THE LEFT SIDE IS DEFINITELY LONGER THAN THE RIGHT SIDE.
NOW, I DON'T KNOW THE, THE WIDTH OF THAT PARTICULAR SIDEWALK, BUT IF THAT MEASUREMENT THAT THEY HAVE RIGHT THERE IS A LITTLE OVER 10 FEET.
THE SIDEWALKS, LET'S SAY THREE, THE WEST, THE WEST END IS LONGER THAN THAT ONE.
SO IT'S PROBABLY CLOSER TO, SO YOU WOULD ONLY NEED A CLEAR VISION, VA VARIANCE ON THE WEST SIDE DRIVEWAY AND, AND AT THAT TWO FEET, BECAUSE THE OTHER ONE, UM, ON HIS MEASURE WAS 14 FEET, NINE INCHES.
NOT TO THE, NOT TO THE, NOT TO THE ASPHALT, BUT TO THE EDGE OF SIDEWALK.
IT, IT DIDN'T EVEN GO ALL THE WAY TO THE EDGE OF THE SIDEWALK.
I STOPPED BEFORE THE, OF THE SIDEWALK.
SO ONLY THE WEST SIDE HAS A CLEAR VISION ISSUE, IT SOUNDS LIKE.
IS THERE ANY OTHER QUESTIONS? MANNA, MR. MANNA? SO, CITY STAFF, SO IS THERE, UM, I KNOW THAT SOMETIMES WE ALLOW FOR, UH, A LITTLE BIT OF A CITY VARIANCE, I GUESS AS THEY'RE LOOKING AT DOING A MEASUREMENT.
IS THERE LIKE A SIX INCH PIECE? UM, I GUESS WITH REGARDS TO THE VARIANCE, THAT WOULD BE FOR THE SETBACK, UM, CLEAR VISION IS NOT A SETBACK, SO IT WOULDN'T IMPLY TO THIS.
SO THERE IT'S EXACTLY 15 FEET, UH, FROM A CITY COMPLIANCE PERSPECTIVE THEN.
AND WE DO ACKNOWLEDGE WHAT, UH, CHAIR ORIAN SAID ABOUT THE THREE EXTRA FEET.
SO AT MOST THEY WOULD ONLY NEED THE TWO FOOT VARIANCE, NOT WHAT WAS THE FIVE FOOT.
THE SECTION CLOSE TO THE DRIVEWAYS PLURAL.
WELL, ANYONE LIKE TO, THERE'S NO VOICEMAILS.
ANYONE SIGNED AT SPEED? NO PUB PUBLIC COMMENT.
ALL RIGHT, SO LET'S LOOKING FOR A MOTION ZUNA.
I'LL TAKE A STAB AT THE COMMISSIONER ZUNA.
A UH, SO, UH, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 0 3 3 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUIRES FOR A TWO FOOT DRIVEWAY CLEAR VISION VARIANCE ON THE WEST SIDE OF THE PROPERTY FROM THE MINIMUM 15 FOOT DRIVEWAY CLEARANCE VISION TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION SITUATED AT 9 1 0 6 CALLAHAN ROAD, A APPLICANT BEING RAYMOND JOHNSON.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, UH, OF THE PROVISIONS OF THE UDC AS IT MATTER, WILL RESULT IN UNNECESSARY HARDSHIPS.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST AS A SETBACK PROVIDES ENOUGH SPACE DISTANCE BETWEEN THE NEIGHBORING PROPERTY TO MAINTAIN SAFETY IN GENERAL UPKEEP.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THAT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO RECONFIGURE THE, OR REMOVE THE ACCESSORY, UM, FENCE TO MEET THE REQUIREMENTS.
BY GRANTING THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS SUBSTANTIAL JUSTICE WOULD BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS A, UM, UH, SETBACK PROVIDES A REASONABLE DISTANCE FROM THE RIGHT OF WAY.
AND THE ABUTTING PROPERTIES FOR THE VARIANCE WILL NOT AUTHORIZE THE APPROPRIATE USE OF THOSE USES, SPECIFICALLY AUTHORIZED THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR, OR TO THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
IF GRANTED THE REDUCED SITE, UH, IF GRANTED, THE, UH, CLEAR VISION SETBACK WILL NOT ALTER THE ESSENTIAL CHARACT OF THE DISTRICT AS THE, UH, SETBACK REQUIREMENT WILL PROVIDE ENOUGH, UH, DISTANCE FOR VISION REQUIRED, UM, SIXTH APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS.
THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY.
'CAUSE THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES AND THE, UH, UH, TRIANGULATION OF THE PROPERTY FOR THE VISION.
UH, AND, AND ON THE EXISTING OF THE PROPERTY.
END OF MOTION AS READ MANA, CORRECT? YEAH.
WELL, I MEAN, THE MOTION I WAS IS READ SAYS 9 1 0 6.
CAN THERE'S, CAN YOU A LOT OF, UH, CAN YOU REDO THE, UH, PREAMBLE OF THIS, I MEAN THE OKAY.
REGARDING CASE NUMBER BO 8 25 DASH 0 3 3 7, I MOVE TO THE BOARD OF ADJUST GRANT TO REQUEST FOR A TWO FOOT DRIVEWAY CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY CLEARANCE TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION, 12 FOOT 13, 13 FOOT, UH, YEAH, 13 DRIVEWAY.
13 FOOT DRIVEWAY CLEAR VISION SITUATED AT 9 1 0 3.
APPLICANT BEING RAYMOND JOHNSON L JR.
UH, 'CAUSE THE TESTIMONY PRESENTED TO US AND FACTS, WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF PROVISIONS, THE UDC AS ESTIMATED WOULD RESULT IN NECESSARY HARDSHIP.
[02:10:01]
THAT THERE'S A NUMBER OF MISPRINTS HERE TALKING ABOUT A SIDE STEP BACK, AND THAT'S NOT THE CASE HERE.WE'RE DEALING WITH THE, UH, THE CLEAR VISION VARIANCE.
DO YOU WANT TO, UH, TRY TO COME UP WITH SOMETHING ON FINDINGS
THE, UM, APPLICANT WOULD BE REQUIRED TO RELOCATE OR MOVE THE FENCE TO MEET THE, UH, WEST ON THE WEST SIDE TO MEET THE REQUIREMENTS.
UH, UH, IT'S, IT'S IN SPIRIT OF THE ORDINANCE IS KEEPING WITH A REASONABLE DISTANCE, PROVIDES FOR THE CLEAR VISION NECESSARY.
UM, AND THE, IF, IF GRANTED THE, UH, IF CLEAR VISION SETBACK WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, UM, WE SAW NEIGHBORING PROPERTIES AND, AND THE PLY TO THE OWNER, UH, FOR WHICH THIS VARIANCE IS SOUGHT IS NOT, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
BASICALLY DOES THE, UH, DIMENSIONS OF THE FENCING AND THE PER THE, THE, UM, LOT PERIMETERS AND OF MOTION.
SECOND, I'M SORRY, I THOUGHT THAT THE, THE AREA OF DISCUSSION WAS ON THE EAST SIDE, NOT ON THE WEST SIDE.
THE, THE EAST SIDE HAS A CLEAR VISION ISSUE.
THE WEST SIDE DOES NOT CORRECT, CORRECT.
SO IT'S ONLY, BUT I THINK WE'RE JUST READING.
WELL, I THINK YOU'RE JUST READING A CLEAR VISION AND REGARDLESS OF WHERE IT IS, YOU KNOW, WE'RE DEFINING CLEAR VISION AND SO EAST OR WEST, TO ME, IT'S ONE AND THE SAME.
AND SO I DON'T NECESSARILY KNOW THAT WE NEED TO CALL IT OUT.
ONE SIDE, ONE SIDE APPARENTLY IS GONNA HAVE TO BE ADJUSTED, BUT WE'RE JUST DECLARING THAT.
AMANDA, WHAT DO YOU THINK, COMMISSIONER? YEAH.
CONSIDERING HOW MUCH CLEANUP THIS RESOLUTION REQUIRES, COULD I ASK YOU TO READ IT AGAIN FROM TOP TO BOTTOM? OKAY.
REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 1 0 3 0 0 0 3 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST BREAK, TWO FOOT DRIVEWAY CLEARANCE, UH, CLEAR VISION VARIANCE OF THE MINIMUM 15 DRIVEWAY CLEAR VISION TO ALLOW A 13 FOOT DRIVEWAY CLEAR VISION SITUATED AT 9 1 0 3 CALLAHAN ROAD, APPLICANT BEING RAYMOND JOHNSON L JR.
BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP.
THIS VARIANCE REQUEST, UH, APPLIES TO BOTH THE EAST AND WEST SIDES OF THE PROPERTY.
UH, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED, UH, THE REQUESTED VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS THE CLEAR VISION, UH, REQUESTED, PROVIDES ENOUGH, UH, ENOUGH DISTANCE TO, UH, ALLOW, MAINTAIN SAFETY IN GENERAL, UM, UPKEEP OF BASICALLY THE SAFETY OF NEIGHBORING OF BACKING OUTTA THE PROPERTY, AND THEN PEOPLE WALKING UP AND DOWN CALLAHAN ROAD DUE TO, DUE TO TWO, DUE TO THE UNIQUE GENERAL, DUE TO THE SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD REQUIRE A HARDSHIP ON THE APPLICANT THAT THEY WOULD HAVE TO REBUILD THEIR FENCE.
UH, THREE, BY GRANTING THE VARIANCE, THE SPIRIT, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AGAIN, UH, ONE OF THE SIDES IT, UH, COMPLIES WITH THE CLEAR VISION, WE BELIEVE.
AND THE, THE OTHER EAST SIDE IS REQUESTED, UH, TO AMENDMENT TO COMPLY WITH THE CLEAR VISION.
ORDINANCE FOR THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED THE ZO DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT AND CONFORMING PROPERTY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
UH, THIS CLEAR VISION VARIANCE REQUEST WILL NOT, UM, WILL NOT CHANGE THE, THE WILL NOT ALTER THE, THE, THE DISTRICT IN WHICH THE VARIANCE IS LOCATED.
AND IF GRANTED, UM, THE CLEAR VISION WILL PROVIDE ADEQUATE SAFETY FOR THE APPLICANTS TO BACK UP SAFELY AND PROVIDE VISION FOR PEOPLE UP AND DOWN CALLAHAN AND WALKING UP AND DOWN TO BE ABLE TO SEE THE CARS AND PEDESTRIANS.
THE OWNER OF THE PROPERTY, WHICH THE VARIANCE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO, UH, THE RESULT OF GENERAL CONDITIONS.
THE DISTRICT WHICH THE PROPERTY IS LOCATED.
AGAIN, WE, UH, UH, REFERENCE THE, UH, THE DIMENSIONS AND GEO GEOMETRY OF THE PROPERTY AND FENCE THAT THEY'RE HAVING TO MAINTAIN THAT CLEAR VISION WITH THE VARIANCES THAT WE REQUESTED HERE.
SO, COMMISSIONER ZUNA, WHAT ARE YOUR THOUGHTS? I CONCUR.
UM, WELL BLESS YOUR HEART FOR READING THAT.
SO I I, SO I'M GOING TO BE IN DISAGREEMENT HERE AND I APOLOGIZE.
SO ESPECIALLY WHEN IT COMES TO PUBLIC SAFETY, WHAT HAVE YOU ON THIS BUSY STREET, AND AS I GOOGLE DRIVE DOWN CALLAHAN
[02:15:01]
AND I LOOK AT THE DRIVEWAYS THAT DO EXIST, THEY ARE PROVIDING FOR THE CLEAR VISION, AND SO THEY ARE PROVIDING WIDER DRIVEWAYS OR WIDER EXITS FOR THAT VIEW.AND SO, UM, I, I CANNOT VOTE FOR SOMETHING THAT I THINK PUTS NOT ONLY THE RESIDENTS AT, AT, AT RISK, BUT ALSO, UM, THE, THE, THE CARS THAT ARE BUSY DOWN THE STREET AS WELL AS PEDESTRIANS.
SO I WILL NOT BE VOTING IN FAVOR OF THIS.
ALL RIGHT, ANYONE ELSE LIKE TO ADD? OKAY.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN, I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES, I CONCUR.
UH, AND I CONCUR WITH THE FINDINGS OF FACT.
SO WHAT THAT MEANS IS, UH, ON ONE OF YOUR DRIVEWAYS WHERE YOU DO HAVE 15 FEET FROM THE FACE OF CURVE TO YOUR FENCE, YOU DON'T HAVE TO DO ANYTHING ON THE OTHER ONE.
UH, IF THE MEASUREMENT DOES COME OUT THAT IT'S SHORT A LITTLE BIT, UH, YOU'LL HAVE TO CROP THE CORNERS, NOT MOVE THE WHOLE FENCE, BUT JUST KIND OF CHAIN FOR THE CORNERS SO THAT YOU CAN GET THAT 15 FEET MEASUREMENT.
UM, IT MAY NOT EVEN BE ALL THAT MUCH, BUT WHAT I WOULD DO IS, UM, MAKE SURE YOU MEASURE IT REALLY, REALLY CAREFULLY.
AND FOR THE MEASUREMENT, WHERE DO WE START FROM THE, UH, SIDEWALK? YES.
STAFF WILL, UH, THERE'S ACTUALLY A PICTURE IN THE UDC.
UM, YOU'LL, YOU'LL SEE, UH, UM, A, A SMALL EXHIBIT THAT YOU CAN, THAT'S WHAT WE USE TO EVALUATE THAT.
OKAY? UH, THE NEXT ITEM IS OFFENSE HEIGHT.
WHO WOULD LIKE TO READ THAT? COMMISSIONER ZUNA? YEAH, I'LL GO DO THAT.
REGARDING CASE NUMBER B OH EIGHT, JUDGE, I'M SORRY, I WAS GONNA ASK ONE QUESTION.
WHAT DID, WHAT DID THE VOTE HAVE TO BE FOR IT TO PASS? THE, THE VOTE WOULD HAVE TO HAVE NINE, UH, IN THE AFFIRMATIVE FOR ANY ACTION TO BE APPROVED BY THIS BOARD.
SO BECAUSE YOU ONLY HAD AID, IT DID NOT GET PASSED.
REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 0 3 0 0 3 7, I MOVED THAT THE BOARD OF ADJUST GRANT REQUEST FOR A FOUR FOOT SIX INCH FENCE HEIGHT, SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT SOLID FRONT YARD FENCE HEIGHT TO ALLOW A SEVEN FOOT SIX PRIVACY FENCE IN THE FRONT YARD, SITUATED AT 9 1 0 3 CALLAHAN ROAD, APPLICANT BEING RAYMOND JOHNSON L JR.
BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY OF THE SPIRIT OF THE PURPOSE OF THIS CHAPTER.
STAFF FINDS THAT THE REQUEST WOULD BE IN HARMONY OF THE SPIRIT OF THE PURPOSE OF THE ORDINANCE AS THE PRIVACY PRIVACY FENCE IN THE FRONT YARD DOES NOT INTERFERE WITH CLEAR VISION OR IN INJURE THE PROPERTIES WITHIN THE SURROUNDING AREA.
UM, AS WE KNOW THAT THEY'RE HAVING TO AMEND THE FENCE TO MEET THE CLEAR VISION REQUIREMENT, BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AS A PRIVACY FENCE IS LIMITED TO THE FRONT YARD AND MAINTAINS SECURITY FOR THE SUBJECT PROPERTY SURROUNDING PROPERTIES.
SEE THE NEIGHBORING PROPERTY NOT, WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE SUSPENSE.
SPECIAL EXCEPTION APPEARS TO BE, APPEARS TO PROVIDE ADDITIONAL ENHANCED SECURITY PROVIDE FOR THE SUBJECT AND ADJACENT PROPERTIES.
UH, D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE HEIGHT IN THE FRONT YARD DOES NOT APPEAR TO ALTER THE LOCATION, WHICH THE SPECIAL EXCEPTION IS SOUGHT EITHER.
THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIED DISTRICT.
THE REQUEST, A SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DIS DISTRICT AS A PRIVACY EVENT MEETS THE UDC REQUIREMENTS.
UH, BEFORE WE MOVE ON STAFF, UM, IT, OR FOR LEGAL, IS IT POSSIBLE TO READ THE MOTION TO SAY THAT IT CAN, THAT WE GIVE THEM, IT'S FOR SIX FEET WITH, YOU KNOW, NO MORE THAN 10% TO EXCEED SIX FEET UP TO SEVEN AND A HALF DUE TO SLOPE ISSUES.
IS THERE A WAY TO READ IT IN THAT MANNER? BECAUSE IT, BECAUSE IT'S OVER 90, 95%, SIX FEET TALL, THERE'S JUST THAT SMALL LITTLE PIECE THAT'S DUE TO SLOPE CONCERNS WHERE IT EXCEEDS AND YOU, YOU KNOW WHAT I'M GETTING AT.
IT WOULD BE EASIER, I GUESS TO GIVE A, I GUESS A DIMENSION.
YOU, UM, IF WE HAD SOME KIND OF MEASUREMENT, UH, AND, AND THEN THAT, THAT MEASUREMENT WOULD BE SUBJECT TO, YOU KNOW, THE, OR WE CAN PUT
[02:20:01]
STAYS IN LINE WITH THE, UH, SIX FOOT FENCE, UH, DIRECTLY IN FRONT OF THE DRIVEWAY BECAUSE THAT'S THE SAME STANDARD AS THE SIDE AND REAR YARD BECAUSE I I I HATE TO READ IT TO SAY SEVEN AND A HALF.'CAUSE THEN YOU COULD THEORETICALLY MAKE THE WHOLE THING SEVEN AND A HALF.
COULD YOU, UH, MAKE IT, UH, SUBJECT TO THE EXISTING AS-BUILT CONDITION OF THE PROPERTY? UM, YEAH, SUBJECT TO YEAH.
SITE PLAN AND AS-BUILT, I GUESS WOULD WORK.
YEAH, I I I WOULD AMEND A MOTION TO DEFINE THE LIMITS OF THE VARIANCE TO THE AS-BUILT CONDITION OF THE PROPERTY AS IT SITS TODAY.
YEAH, I MEAN, I, I WOULD EVEN GO SO FAR AS TO SAY, YOU KNOW, THAT IT'S A FOUR, PRIMARILY SIX FOOT TALL FENCE WITH MINOR DEVIATIONS TO ACCOUNT FOR SLOPE, I MEAN IN, IN ADHERENCE TO THE GAS BUILT CONDITION.
IN ADDITION TO THAT, UH, WOULD SUBJECT OF THE VARIANCE TO THE SIX FOOT PREDOMINANTLY HEIGHT WITH THE VARIANCES FOR THE SLOPE CONDITION THAT EXIST ON THE PROPERTY, AGAIN, THE, AS BILL CONDITIONS TO REMAIN, COULD YOU LIMIT, COULD YOU DEFINE THAT IN TERMS OF SOME DISTANCE BACK FROM THE FRONT, UH, PROPERTY LINE? WELL, I MEAN, YOU COULD, YOU COULD ALMOST SAY THAT IT DOESN'T EXCEED, YOU KNOW, LET'S SAY 20 FEET OF LENGTH OR SOMETHING BEYOND THAT GOES BEYOND SIX FEET IN HEIGHT.
I MEAN, I JUST DON'T FEEL COMFORTABLE JUST OUTRIGHT SAYING SEVEN AND A HALF FEET TALL ASBUILT CONDITION IS THE AS BILL.
YEAH, THERE'S NONE OF THAT'S A MATTER OF RECORD EXCEPT FOR A PHOTO.
UM, AND IT LOOKS LIKE IT IS THE LAST EIGHT FEET.
YOU KNOW, IF, IF EVERYONE OF THOSE PANELS IS EIGHT FEET, UM, IT LOOKS LIKE IT'S THE EIGHT FOOT, THE LAST EIGHT FOOT PANELS FOR BOTH OF THEM.
MAYBE WE CAN USE THAT FOR THE LAST EIGHT FEET.
PANELS WILL ALLOW FOR A LITTLE BIT OF, YEAH, THE EXTERIOR EIGHT FOOT PANELS, UM, ON EITHER SIDE OF THE DRIVEWAY CAN, CAN EXTEND UP TO SEVEN AND A HALF FEET TO ACCOUNT FOR SLOPE CHANGES.
DEFINITION IS THAT CITY RECORD.
THAT HELPS DEFINE IT, YOU KNOW, GIVES A MEASUREMENT THE EIGHT FOOT.
SO IS IS ANY OTHER COMMISSIONERS WANT TO COMMENT OR ADD OR ANYTHING? OKAY.
WELL THEN I GUESS WE'RE BACK TO COMMISSIONER O ZUNA.
WHAT ARE YOUR THOUGHTS? I CONCUR.
I CONCUR WITH MY COLLEAGUE AT CONCURRING.
OKAY, SEVERAL ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT AS AMENDED.
SO, UM, WHAT, WHAT HAPPENS IS, IS THAT YOU CAN KEEP THE FENCE HEIGHT, BUT JUST GO MEASURE THAT AND STAFF WILL, WILL GIVE YOU SOME ADDITIONAL GUIDANCE.
AND, AND IF YOU WANNA LOOK IT UP ONLINE, IT'S UNIFIED DEVELOPMENT CODE 35 DASH FIVE 14 SECTION A.
YOU'LL SEE SOME, SOME EXHIBITS.
AND THIS IS, THIS IS THE CLEAR VISION PIECE THAT YOU'RE TALKING ABOUT, RIGHT? YEAH.
UH, I WAS JUST GOING BACK TO THAT.
YOUR FENCE SITE, UH, DID PASS.
THERE'S NO ISSUE WITH THE FENCE SITE AND IF YOU HAVE QUESTIONS, UH, JUST GET WITH STAFF, THEY'LL BE MORE THAN HAPPY TO, UH, HELP, HELP YOU A LITTLE BIT WITH THAT.
SEE Y'ALL BACK IN SEVEN MINUTES.
ITEM NUMBER 10 IS BO A DASH TWO FIVE DASH 0 3 3 9.
ADDRESS IS TWO 15 SOUTH PINTO STREET COUNCIL DISTRICT FIVE.
APPLICANT IS WENDELL BROWN AND I REQUEST FOR A FOOT, FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ADDITION TO BE ADDITION TO AN ATTACHED ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY.
SUBJECT PROPERTY IS LOCATED WITHIN THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD WEST OF INTERSTATE 35 SOUTH, NORTH OF WEST EAST OR CAESAR EAST CHAVEZ BOULEVARD, SOUTHWEST, SOUTH OF WEST
[02:25:01]
COMMERCE STREET ON THE CORNER INTERSECTION OF MONTEREY STREET AND SOUTH PINTO STREET.APPLICANT BEING THE PROPERTY OWNER IS REQUESTING, IS PROPOSING CONSTRUCTION OF AN ADDITION TO THE REAR OF AN EXISTING DETACHED GARAGE.
THE EXISTING DETACHED GARAGE BUILT IN 1930 FACES MONTEREY STREET WITH THE EAST SIDE OF THE ACCESSORY STRUCTURE RESIDES ALONG THE REAR PROPERTY LINE.
APPLICANT IS REQUESTING THE VARIANCE TO ALLOW THE PROPOSED ADDITION UTILIZED AS ADDITIONAL STORAGE TO BE ONE INCH FROM THE REAR PROPERTY LINE TO ALIGN WITH THE EXISTING ACCESSORY STRUCTURE.
PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT.
THIS AREA IN BLUE IS THE EXISTING DETACHED GARAGE.
THIS AREA IN THE MIDDLE IS THE PRIMARY STRUCTURE ON THE PROPERTY AND THIS AREA IN GREEN WITH THE NUMBER ONE IS THE PROPOSED ADDITION.
THIS IS A CLOSER VIEW OF THE GARAGE PROPOSED ADDITION AERIAL VIEW OF THE PROPERTY, HISTORICAL VIEWS.
AND THIS IS HISTORICAL VIEWS FROM PINTO STREET VIEW.
THIS IS THE HISTORICAL VIEWS OF THE PROPERTY FROM MONTEREY STREET, WHICH IS THE LOCATION OF THE DETACHED GARAGE.
THIS IS CURRENT VIEW OF THE PROPERTY.
THIS IS THE LOCATION OF THE GARAGE, UH, ABUTTING THE NEIGHBORING PROPERTY, SUBJECT PROPERTY.
THIS IS DISTANCE BETWEEN THE NEIGHBORING DRIVEWAY AND THE REAR PROPERTY LINE OF THE SUBJECT PROPERTY.
AND THIS IS THE SURROUNDING AREA.
SO THOSE ARE JUST DIFFERENT VIEWS.
UM, FROM PINTO STREET TO MONTEREY STREET FOR THE REAR, UH, SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH TWO FIVE DASH 0 3 0 0 0 3 9 BASED ON THE FOLLOWING FINDINGS OF FACTS.
ONE, THE REQUEST WILL SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES IN THE SURROUNDING AREA AS A ONE INCH REAR SETBACK.
DOES NOT PROVIDE A SUITABLE DISTANCE BETWEEN THE PROPERTY AND THE RIGHT OF WAY TO THE DISTANCE OF THE ACCESSORY STRUCTURE FROM THE REAR SETBACK EXCEEDS THE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE, INCREASING THE RISK OF FIRE SPREAD AND WATER RUNOFF ONTO THE NEIGHBORING PROPERTY.
TWO WERE IN FAVOR, ZERO IN OPPOSITION.
AND THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
NOW, THE TWO THAT WERE IN FAVOR ARE THE SAME PROPERTY OWNER.
THEY OWN BOTH OF THOSE PROPERTIES.
AND THIS IS THE, UH, IN FAVOR AND THIS IS THE RESPONSE FROM THE HISTORIC WEST SIDE RESIDENCE.
AND THIS CONCLUDES STAFF'S PRESENTATION.
APPLICANT IS AVAILABLE, HAVE THE APPLICANT COME FORWARD.
TELL US ABOUT YOUR ACCESSORY STRUCTURE.
UH, SO MY NAME IS WENDELL BROWN.
UM, I AM, SO THIS, THIS, THIS AREA TO THE BACK OF THE, UH, GARAGE HERE IS JUST AN AWKWARD AREA.
AND, UH, INSTEAD OF IT BEING THIS UNUSED AREA ON OUR PROPERTY, IT'S VERY MUCH HIDDEN FROM ANYBODY'S VIEW.
IF YOU COULD LOOK DOWN THE DRIVEWAY OF THE NEIGHBOR, UM, THERE'S A A, A PRIVACY FENCE THERE CURRENTLY, WHICH WOULD JUST BE THE WALL OF THE SIDE OF THE BUILDING.
SO IT WOULDN'T CHANGE THE LOOK OF ANYTHING ON THE OTHER SIDE.
IF YOU LOOK FROM THE OTHER VIEW FROM THE CORNER, YOU'LL SEE THERE RIGHT BEHIND THAT TRUCK THERE, THERE'S A PRIVACY FENCE RUNS DOWN THAT SIDE AS WELL.
NOT GONNA CHANGE THE VIEW MUCH EXCEPT IT'S JUST GONNA BE A WALL THERE VERSUS A FENCE.
UM, THE DISTANCE BETWEEN LIKE THIS, THIS DRIVEWAY HERE, I'M ASSUMING I DIDN'T GO IN THERE AND MEASURE, BUT I'M ASSUMING THERE'S ABOUT A 20 FROM MY MEASUREMENTS ON MY COMPUTER, I'M ASSUMING THERE'S ABOUT A 20 FOOT DISTANCE IN BETWEEN THE STRUCTURE ON THE LEFT, WHICH IS THE N THE NEIGHBORING PROPERTY.
AND, UM, AND MY FI YOU KNOW, MY PROPERTY LINE RIGHT THERE.
UM, I'VE SPOKE WITH ALL THE NEIGHBORS IN THE AREA.
[02:30:01]
HAD ANY SORT OF, UM, ISSUES WITH IT.AND UM, LIKE I SAID, I THINK IT'S, IT'S A PRETTY BENIGN ASK.
THIS BUILDING'S BEEN THERE FOR NEARLY A HUNDRED YEARS AND WE'RE JUST TRYING TO MAKE IT A LITTLE BIT MORE SPACE FOR US FOR STORAGE.
UH, IS THERE ANY COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, UM, SO BY CHANCE, DID YOU TALK TO THE HOUSE, UH, THAT UH, I GUESS IS ON THE BACK OF THE PROPERTY THAT ABUTS TO UH, 1711? DID YOU HAVE A CHANCE TO TALK TO THEM? YES, I SPOKE WITH, HIS NAME IS NO VALEZ THE OWNER.
HE, I ASKED HIM TO MAIL IN THE, THE DEAL AND HE TOLD ME HE WOULD, I DON'T KNOW, I, I DON'T KNOW UNTIL NOW WHO MAILED IN OR WHATEVER.
AND THEN, UM, SO CURRENTLY, UM, SO SO IF THE CITY BRINGS UP, CAN YOU BRING UP THE PICTURE THAT SHOWS EITHER GOOGLE DRIVE BY IT OR THE BACK OF THE EXISTING STRUCTURE? THERE YOU GO.
SO, OKAY, SO, UM, SO YOU HAVE A WALL THERE.
SO IS THAT WALL THE ZERO LOT LINE FOR THE PROPERTY? UM, OR IS IT THE OVERHANG? UM, 'CAUSE YOU HAVE A GUTTER BASICALLY DRIPPING ONTO THE NEIGHBOR'S PROPERTY, SO JUST TRYING TO UNDERSTAND WHERE THE LINE IS AND SO I'M NOT CLEAR ON ON IF IT'S THE ACTUAL WALL OR IF IT'S THE, THE OVERHANG THAT OVERHANG IS ABOUT MAYBE YEAH, LOOKS LIKE SIX INCHES.
BUT SO, SO I DO HAVE, SO, SO ONE OF THE THINGS YOU KNOW, THAT, THAT I LOOK FORWARD OR LOOK TOWARDS WHENEVER I'M LOOKING AT THESE CASES IS, IS WHERE WATER RUNOFF GOES.
AND SO, SO I'M CHALLENGED ALREADY WITH THE EXISTING STRUCTURE, UH, DROPPING WATER ONTO THE NEIGHBORING PROPERTY AND THEN, YOU KNOW, FOR THE NEW STRUCTURE COMING IN, UH, I GUESS WHAT IS THE DESIGN GONNA BE OR HOW ARE WE GONNA MITIGATE THAT? UM, YOU KNOW, SO THAT WATER ISN'T GOING ON TO YOUR, YOU KNOW, ONTO THE NEIGHBOR'S PROPERTY.
UM, YEAH, AND WE HAVE, WE HAVE GUTTERS COMPLETELY AROUND OUR HOUSE.
UM, AND I DON'T, I DON'T KNOW WHETHER IT'S NOT GUTTERS THERE, UM, THAT BUILDING IS EXACTLY THE WAY IT WAS WHEN WE BOUGHT IT.
SO, UM, AND I WOULDN'T BE OPPOSED TO ADDING THOSE TO, YOU KNOW, TO MOVE THIS FORWARD.
UM, YEAH, THAT WOULD BE A PRETTY SIMPLE ASK.
AND THEN SUBSEQUENT QUESTION IS, UM, THE NEIGHBORHOOD ASSOCIATION.
YO, SO WOULD, SO, UM, HAVE YOU HAD AN OPPORTUNITY TO TALK WITH THEM WITH REGARDS TO THIS REQUEST? I DIDN'T, I DIDN'T EVEN KNOW THAT.
I KNOW LETITIA PERSONALLY AND I DIDN'T EVEN KNOW THAT THEY WOULD EVEN BE CONTACTED ON THIS DEAL OR ELSE I WOULD'VE WENT AND VISITED WITH THEM, UH, REGARDING THIS.
UM, I'VE BEEN A VERY, I'VE BEEN A VERY FAITHFUL DONOR TO THEIR, THEIR, UM, THEIR ASSOCIATION.
UH, EVEN JUST LAST YEAR, UH, A HUGE ASK FOR ME.
SO I DON'T KNOW WHY THEY WOULD BE OPPOSING SOMETHING VERY MINUSCULE LIKE THAT.
SO MAYBE MINUSCULE, BUT MAYBE NOT NECESSARILY TO THEM.
UM, I DO HAVE CONCERNS WITH REGARDS TO THAT TOO.
AND SO ECHOING, UM, THOSE CONCERNS AS WELL, I MEAN, I WOULD LIKE TO KNOW WHERE THAT OVERHANG PROPERTY LINE IS IN, IN REGARDS TO THE, UH, EXISTING STRUCTURE AND, AND IF, HOW WE CAN ACCOMMODATE GUTTERS ON YOUR PROPERTY VERSUS ON THE NEIGHBORING PROPERTY.
SO I THINK MAYBE SOME KIND OF MEASUREMENT WOULD BE WARRANTED AND THEN ALSO WOULD LIKE TO GET SOME DIALOGUE MAYBE IF HE HAS THE OPPORTUNITY TO TALK WITH THE ASSOCIATION, NEIGHBORHOOD ASSOCIATION TO SEE IF THERE'S SOMETHING YEAH.
THAT WAS MISSED, THAT HE COULD GET SOME SUPPORT THERE.
YEAH, AND MY, AND MY, MY CONCERN IS, IS THAT YOU HAVE, I I DON'T LIKE GOING DOWN TO ONE INCH PERSONALLY 'CAUSE I KNOW YOU CAN'T MAINTAIN IT.
UM, THE HOUSE NEXT DOOR, THEIR EXISTING STRUCTURE IS HUGGING THEIR WEST PROPERTY LINE, SO THE FACT THAT THERE'S A DRIVE THERE IS PROBABLY ALWAYS GONNA BE A DRIVE THERE'S, SO I DON'T THINK THERE'S, THERE'S EVER A CHANCE OF ANYBODY BUILDING ANYTHING RIGHT UP NEXT TO IT.
BUT, YOU KNOW, WE, WE, WE HAVE BEEN CAUTIOUS TO DO THAT AND IN SOME EXTREME CASES WE'VE EVEN SUGGESTED AN EASEMENT OR SOMETHING, A MAINTENANCE EASEMENT WAS ATTAINED.
BUT, YOU KNOW, I'M, I AM NOT A FAN GOING DOWN TO ANYTHING BELOW THREE FEET.
I, I'M VERY HESITANT TO THAT, UH, AT LEAST WITHOUT SOMETHING IN WRITING FROM THE NEIGHBOR.
UM, I THINK WE SHOULD OFFER A CONTINUANCE FOR HIM TO GO MEET WITH THE NEIGHBORS ASSOCIATION AND, AND GET SOME MORE, UH, DOCUMENTATION AND WRITING FROM THE NEIGHBOR.
CONCUR, BRAGMAN, COMMISSIONER BRAGMAN, UM, YOU SAID YOU RECENTLY PURCHASED THE PROPERTY.
DO YOU, DID YOU GET A SURVEY WHEN YOU PURCHASED IT? UM, THESE, THESE PLANS ACTUALLY ARE DRAWN OFF OF THE SURVEY, SO I COPIED THOSE INTO PHYSIO AND UM, AND SCALED THEM PROPERLY.
AND, UM, SO I KNOW WHAT I'M DOING.
I DREW ALL THESE PLANS MYSELF.
I'M, I USED TO BE AN ESTIMATOR, SO
[02:35:01]
I'M SO, SO YOU KNOW WHERE THE PROPERTY LINE IS? I I'M, I'VE NEVER FOUND THE PEN.I'VE NEVER REALLY LOCATED THE PEN, BUT ACCORDING TO THEIR SURVEY IT IS RIGHT, LIKE IF, CAN YOU PULL UP THE, WHERE THE DRIVE, THE, LOOKING DOWN THE DRIVEWAY THERE IS THIS ON, HOW DO YOU TURN THIS ON? RIGHT HERE.
SO IF YOU, IF YOU LOOK RIGHT HERE, THIS POST RIGHT HERE, IT LOOKS LIKE ON THE SURVEY RIGHT AT THE EDGE OF THAT POST THAT, THAT THIS COMES DOWN THE SIDE, THE EDGE OF THAT WALL RIGHT HERE AND ALL OF THAT RIGHT THERE LOOKS LIKE IN THE SURVEY THAT IS RIGHT ON THE EDGE OF, OF MY, MY PROPERTY VERSUS THEIR PROPERTY.
THAT'S THE, THEIR FENCE IS RIGHT ON THE EDGE.
MY BUILDING IS RIGHT ON THE EDGE, BUT THAT, THAT FENCE THERE ON THE RIGHT IS THEIR FENCE.
SO IT WOULD CONCEIVABLY BE JUST INSIDE YOUR, JUST INSIDE THEIR PROPERTY LINE.
OUTSIDE YOUR PROPERTY LINE IN ORDER FOR IT TO BE ON THEIR FENCE? YES.
IT'S, YEAH, IT'S JUST THE DIVIDER RIGHT DOWN THE MIDDLE.
BASICALLY MY BUILDING DIVIDES IT ON MY SIDE.
THEIR FENCE DIVIDES IT ON THEIR SIDE.
WELL I MEAN I, I I THINK THAT WE SHOULD, UH, UM, OFFER A CONTINUANCE TO GET SOME MORE DOCUMENTATION IN WRITING.
OTHERWISE I COULDN'T, UH, SUPPORT ANYTHING LESS THAN THREE FEET.
ALRIGHT, LET'S HEAR A VOICEMAIL.
HI, MY NAME IS LETICIA SANCHEZ.
MY ADDRESS IS 1710 CRU CODE SEVEN EIGHT TWO OH SEVEN AND MY PHONE NUMBER IS (210) 363-5895.
I'M THE CO-CHAIR PERSON OF THE HISTORIC WEBSITE RESIDENCE ASSOCIATION AND I'M CALLING ON BEHALF OF OUR ASSOCIATION REGARDING AGENDA ITEM NUMBER 10.
OUR ASSOCIATION OPPOSES THE REQUEST FOR THE FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO THE, UM, PROPERTY.
THE APPLICANT AT LOWER TWO 15 SOUTH PINTO SHOULD NOT BE GRANTED A VARIANCE FROM THE WEST SIDE PROPERTY LINE AND THERE'S NO IMPEDIMENT TO BUILD THE PROPOSED ADDITION WITHOUT THE BEARING.
IT SHOULD RESPECT THE FIVE FOOT SETBACK AS REQUIRED FOR THIS PROPERTY PER UDC SECTION 35 DASH 3 73, SECTION 35 DASH THREE 10 DASH ZERO ONE AND NOT FURTHER INFRINGE ON THE FIRE SAFETY AND SITE DRAINAGE OF THE ADJACENT PROPERTY, WHICH IS 1710 MON, I'M SORRY, 1711 MONTE STREET AND FIRE DEPARTMENT.
ACCESS TO THIS STRUCTURES WEST WALL WOULD REQUIRE USE OF 1711 MONTE STREET.
FURTHERMORE, THERE'S AN EXISTING GARAGE BUILT ALONG THE PROPERTY OF MINE.
THIS GARAGE SETS WATER ON THE SIDE YARD, DRIVEWAY AND TRASH CANS OF 1711 MONTE BAY STREET, CREATING PONDING MOLD AND MILDEW ON THIS ADJACENT PROPERTY.
ACCESS TO THIS GARAGE STRUCTURE'S EXTERIOR WEST WALL ALREADY REQUIRES USE OF THE 1711 MONTHS OF BAY STREET PROPERTY AS WELL.
WE ASK THAT YOU NOT GRANT THE VARIANCE FOR THIS APPLICANT'S REQUEST.
OKAY, SO IS THERE ANYONE ELSE, SENATOR TO SPEAK? AND THAT'S ALL A PUBLIC COMMENT.
COMMISSIONER BREGMAN, GIVEN THAT THIS, UM, THE HOUSE AND THE GARAGE SEEM TO BE BUILT RIGHT ON THE LOT LINE AS WELL AS 1711 SEEMS TO BE CONCEIVABLY BUILT, IS IT POSSIBLE THAT THESE ARE ZERO LOT LINES, THESE PROPERTIES? WELL, THE, THE EXISTING HOME LOOKS LIKE IT'S FIVE FEET OFF.
SO IF YOU LOOK AT THE, UM, CITY ONE STOP, IT DOES SH DOESN'T SHOW THE THE NEW GARAGE OR THE EXISTING GARAGE, BUT IT DOES SHOW THE OTHER HOUSE BEING FIVE FOOT OFF.
THE, THE THE OUR HOUSE, AND I CAN ASSURE YOU THERE WAS NO FIVE FOOT VARIANCE IN 1896 WHEN OUR HOUSE WAS WAS CONSTRUCTED.
THERE WAS THAT, THAT'S JUST BY CHANCE.
DO YOU KNOW HOW OLD THE GARAGE IS? I'M SUSPECTING 'CAUSE THERE WAS A, THERE WE WE DO HAVE AN ADDITION ON THE HOUSE AS WELL.
UM, ONE ADDITIONAL ROOM WAS BUILT ON AND MY WIFE BEING A RESEARCHER, SHE FOUND, UM, THE ACTUAL RECEIPT FROM WHEN THE BUILDER OR WHEN THE, UH, ORIGINAL
[02:40:01]
OWNER HAD THAT PUT, THAT ADDITION PUT ON.AND I'M, MY ASSUMPTION IS THAT THE GARAGE WAS BUILT AT THE SAME TIME, WHICH WAS AROUND 1930.
SO, WHICH WAS CONCURRENT WITH BEXAR COUNTY RECORDS.
UM, WELL WE USUALLY OFFER A CONTINUE.
WOULD YOU LIKE A CONTINUANCE TO MEET WITH THE NEIGHBOR AND OBTAIN, TO TRY TO PURSUE SOMETHING IN WRITING? THERE'S NO GUARANTEES OF COURSE, BUT IT WOULD PROBABLY BE HELPFUL TO YOU.
HOW MUCH TIME DO YOU THINK YOU WOULD NEED? UM, I DON'T, I COULD PROBABLY CALL THE GUY RIGHT NOW AND, AND GET THE, THE INFORMATION IF, IF THAT WAS ALLOWED.
YOU KNOW, NO
WE'RE GONNA PUSH IT BACK ANYWAY AND, AND WHENEVER Y'ALL'S NEXT MEETING IS, I CAN PROBABLY GET EVERYTHING WRAPPED UP BY THEN.
WE'RE NOT SUPER LOADED UP, ARE WE? NO.
APRIL 21ST, COULD ANYBODY LIKE TO MAKE A CONTINUANCE TO APRIL 21ST? CRUZ, COMMISSIONER CRUZ.
I MOVE THAT WE, UH, MOVE THIS SUB BOA CASE TO, UH, APRIL 21ST.
SECOND BY COMMISSIONER BARRINGTON.
UH, WE WILL SEE YOU IN TWO WEEKS AND HOPEFULLY YOU'VE HEARD WHAT WE'RE LOOKING FOR AND WE CAN'T WAIT TO, IT'S JUST, JUST JUST SOMETHING FROM THE NEIGHBOR BEHIND ME.
IT'S, I GUESS, WELL IT'S YOU, YOU NEVER KNOW HOW SOMETHING'S GONNA TURN OUT.
BUT WHAT IS USUALLY VERY HELPFUL IS NEIGHBOR ASSOCIATION AND, AND A BUDDING NEIGHBORS ARE HISTORICALLY WHAT IS MOST CHERISHED BY THIS COMMISSION FOR WHAT THAT'S WORTH.
AND I, LIKE I SAID, I'VE BEEN VERY CHARITABLE WITH THOSE GUYS AND LIKE, I DON'T KNOW, THEY KNOW MY NAME.
I DON'T, I DON'T KNOW WHY THAT WOULD'VE HAPPENED, BUT, WE'LL, WE'LL GET DOWN TO IT.
[ Approval of Minutes ]
MINUTES.ANYBODY HAD A CHANCE TO READ? I THINK I HAD ONE COMMENT.
AND AS WELL AS I, SO I THINK IT WAS TAKEN CARE OF ALREADY.
ALL THE, UH, ALL THE CHANGES WERE MADE, UH, FROM THE THREE COMMISSIONERS I RECEIVED FROM.
ANY, UH, ONE LIKE TO MAKE A MOTION TO APPROVE MOVE APPROVAL.
UH, IS THERE A DIRECTOR'S REPORT? NOPE.
UH, WELL IT IS THREE 50 AND WE ARE ADJOURNED.