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ARE WE RECORDING? IF, UH, ZOOM'S UP.
YOU HEREBY CALL THIS MEETING THE BOARD ADJUSTMENT INTO SESSION.
IF WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE.
IF EVERYONE COULD PLEASE RISE AND DRAW ME IN THE PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD AND INVISIBLE WITH LIBERTY AND JUSTICE.
I PLEDGE ALLEGIANCE TO THE DETECTIVES.
ALL RIGHT, IF WE CAN CALL, ROLL PLEASE.
COMMISSIONER BENAVIDES PRESENT.
[ Briefing and Possible Action on the following items ]
UM, I UNDERSTAND THAT.UH, WE HAVE ONE WITHDRAWAL AND ONE POSTPONEMENT TODAY.
UH, IS THE APPLICANT FOR ITEM NUMBER SEVEN HERE? 1 0 8 55 IH 10 WEST ROBINSON HERE AGAIN.
UH, WE WERE GONNA BRING Y ALLALL UP A LITTLE EARLY 'CAUSE WE HAVE, UH, STAFF THAT NEEDS TO GET BACK TO WORK.
UH, THAT'S HERE FOR OUR CONVENIENCE, BUT, SO JUST BE ON THE LOOKOUT.
I'LL BE LOOKING TO SEE WHEN, WHEN YOU'RE, I'LL TAKE.
SO WE'RE GONNA, ARE GOING TO, GREAT.
SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A, EXCUSE ME, A FEW WORDS OF EXPLANATION.
THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
THE FOLLOWING, THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECT.
WHERE IS THAT NOISE COMING FROM? IF EVERYONE COULD PLEASE CHECK YOUR PHONES AND MAKE SURE THEY'RE ON SILENT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED BY TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE, FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN THE 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 IS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT EFFECTS OF YOUR CASE.
UM, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE
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AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND A PROPERTY WITHIN 200 FEET OF THE SUBJECT.PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUESTS AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OR SPECIAL EXEMPTION.
YOU'LL BE CALLED IN THE ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED TO MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION.
FOR THOSE I'D LIKE TO GIVE UP THEIR TIME TO A SPEAKER.
THAT SPEAKER WILL BE ALLOWED AT MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
UH, WE'LL BEGIN WITH ITEM NUMBER 1 2 15 SOUTH PINTO STREET.
MY NAME IS MANUEL TU AND I WILL BE PRESENTING ITEM NUMBER ONE BO OA DASH 25 DASH 0 3 0 0 0 3 9.
ADDRESS IS 2 1 5 SOUTH BETO STREET COUNCIL DISTRICT FIVE.
IT'S A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW IN ADDITION TO A DETACHED ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY.
SUBJECT PROPERTY IS LOCATED WITHIN THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ON THE CORNER INTERSECTION OF MONTEREY STREET AND SOUTH PINTO STREET.
THE APPLICANT BEING THE PROPERTY OWNER 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.
THE APPLICANT IS REQUESTING THE VARIANCE TO ALLOW THE PROPOSED ADDITION UTILIZED AS AN ADDITIONAL GARAGE TO BE ONE INCH FROM THE REAR PROPERTY TO ALIGN WITH THE EXISTING ACCESSORY STRUCTURE.
PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT.
HERE'S THE SITE PLAN AREA VIEW OF THE SUBJECT PROPERTY, HISTORICAL VIEWS OF THE PROPERTY.
AND THIS IS, THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL IN BO OA DASH 25 DASH 1 0 3 3 9.
BASED ON THE FOLLOWING FINDINGS OF FACT, 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 RIGHT OF WAY.
THE DISTANCE OF THE ACCESSORY STRUCTURE FROM THE REAR SETBACK EXCEEDS THE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE, INCREASING THE RISK FOR FIRE SPREAD AND WATER RUNOFF ONTO THE NEIGHBORING PROPERTY.
THREE ARE IN FAVOR, ZERO IN OPPOSITION.
AND THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.
AND THAT CONCLUDES STAFF'S PRESENTATION.
IS THAT, AND JUST AS A REMINDER CHAIR, THIS WAS A CONTINUANCE AND SO THIS HAS BEEN BEFORE THE BOARD BEFORE AND TWO OF THE CHARGES THAT THE APPLICANTS WERE TO TAKE WITH THEM FROM THE PREVIOUS MEETING WERE TO TALK TO THE NEIGHBORHOOD ASSOCIATION AND TALK TO THEIR NEIGHBORS ABOUT THE PROJECT.
I SAW THAT THE NEIGHBORS ASSOCIATION IS NOW IN SUPPORT.
CAN YOU BRING UP THE SUPPORT MAP? I KNOW THE ONE IN THE POWERPOINT ONLY SHOWS TWO CHECK MARKS.
UH, WAS THERE ANYTHING FROM THE NEIGHBOR ABUTTING DIRECTLY? ANY CORRESPONDENCE? WE DID NOT RECEIVE
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ANYTHING IN WRITING.WELL LET'S HAVE THE APPLICANT COME FORWARD.
UH, TELL US WHAT HAPPENED SINCE THE LAST TIME YOU'RE HERE.
SO THREE, THE, THE THREE THAT ARE IN FAVOR HERE ARE THERE, THERE ARE ACTUALLY EIGHT TO NINE THAT ARE IN FAVOR.
I DON'T KNOW WHERE THOSE, THEY GOT MAILED.
MELANIE WAS CLEARLY OUT THIS MORNING.
WELL, THEY CAN PROJECT SOME OF THAT, UH, FOR OUR LOOK IF YOU WANTED TO.
UM, THERE'S, THERE'S, I HAVE TONS OF SUPPORT AT THIS POINT.
I DON'T HAVE THE NEIGHBOR WITH THE PROPERTY ABUTTING ME BEHIND ME DIRECTLY BEHIND ME.
HIS WAS IN THE MAIL ONLY AND SO I DON'T KNOW THAT WAS MAILED LAST TUESDAY.
WELL, IF YOU HAVE ANYTHING, UH, IN ADDITION TO WHAT THE THREE STAFF IS DISPLAYING, WE'D LOVE TO, UH, SEE THEM AND BE AWARE.
WELL, THAT, THAT'S WHAT I'M SAYING.
I DON'T, I DON'T, I DON'T HAVE HIS, I DON'T THINK.
HE DID SIGN IT IN APPROVAL AND SEND IT, BUT I DON'T, I DON'T HAVE IT HERE.
WE GAVE THESE NEIGHBORS STAMPED NO, THAT'S ENVELOPES TO SEND THEM IN, SO, NO, THAT'S FINE.
BUT I WAS JUST CURIOUS IF YOU HAD MORE THAN THE THREE THAT ARE REFLECTING.
SO I HAVE PETRA SILVA, WHICH IS 16 SIX.
SO I HAVE DI DIANA CAVAZOS HERE.
IF YOU COULD HAND THOSE TO STAFF, PLEASE.
I, WELL, DIANA CAVAZOS WAS ONE OF THE ONES YOU SHOWED.
THIS ONE CAN BE SHOWN, WHICH IS THE ONE IN THE 16 20 16 20.
UM, 3 0 3 PINTO SIGNED AS WELL.
THEY SENT IN AN ENVELOPE, STAMPED ENVELOPE.
1711 IS OBVIOUSLY OUR NEIGHBOR WHO IS JUST ON THE OTHER SIDE, WHO'S GOT THAT DRIVEWAY BETWEEN US AND THEM.
UM, 1721, SENT IT IN AND 1622.
MONTEREY ALSO, UM, MAILED IN, UM, THERE FORM.
AND JOSEPH ODO, THE ATTORNEY AT LAW, WHICH IS AT THE TOP OF THAT SCREEN.
HE'S JUST ON THE OTHER SIDE OF JOHN HERNDON.
HE WAS GONNA MAIL HIS IN TOO, AND I DON'T KNOW WHAT HAPPENS TO MAIL STUFF.
YOU'RE STILL BETTER OFF THAN YOU WERE THE LAST TIME YOU HERE.
LET'S SEE IF THERE'S ANY, UH, BOARD QUESTIONS.
COMMISSIONER BRAGMAN, THIS IS FOR STAFF.
THE LETTER, THE EMAIL THAT YOU POSTED FROM THE NEIGHBORHOOD ASSOCIATION WAS DATED APRIL 6TH, AND IT STILL SHOWS IN OPPOSITION.
DO YOU HAVE SOMETHING MORE CURRENT THAT SHOWS SUPPORT? I HAVE THAT RIGHT HERE IF YOU, IF YOU NEED IT, UM, PRINTED IT OUT.
THE ONE THAT WAS SENT OUT, UH, THIS MORNING WAS DATED YESTERDAY, UM, TO THE BOARD.
IT'S JUST NOT IN THE PRESENTATION.
COMMISSIONER BARRINGTON, UH, HAVE YOU AMENDED YOUR APPLICATION TO, UH, REFER TO THE GUTTERS, GUTTERS BEING INSTALLED? I, I DIDN'T KNOW THAT HAD TO DO THAT.
THE NEIGHBORHOOD ASSOCIATION'S SUPPORT IS CONDITIONAL ON THAT.
AND I AGREED TO THE, THE LAST MEETING, BUT I DON'T KNOW THAT, I DON'T KNOW HOW TO WELL, AT THE PODIUM, YOU, YOU AS THE APPLICANT, YOU CAN FORMALLY AMEND YOUR APPLICATION IN PERSON.
UH, TO INCLUDE GUTTERS IF YOU SO DESIRE.
YEAH, THAT'S, YEAH, THAT'S, I DON'T KNOW IF THAT'S WHAT I DID LAST TIME, BUT I'LL TOTALLY WILL SUPPORT GUTTERS.
SO WE'RE ALREADY HAVING GUTTER GUYS COME OUT ANYWAY.
SO YOU AMEND YOUR APPLICATION TO INCLUDE GUTTERS.
IS THERE ANY OTHER QUESTIONS? HEARING NONE? UH, YES, SIR.
I HAVE MR. HENRY RODRIGUEZ HERE WHO IS, UH, GONNA SPEAK ON MY BEHALF AS WELL.
IS THERE IS STAFF? DO WE HAVE A, UM, WE GOT ONE SPEAKER AND ONE VOICEMAIL.
WHAT WE'RE GONNA DO, SIR, IS WE'RE GONNA HEAR THE VOICEMAIL, THEN WE'RE, WE'RE GONNA ASK THE SPEAKER TO COME UP.
AND, UH, WE MAY CALL YOU BACK UP FOR QUESTIONS.
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HI, UH, MY NAME IS LETICIA SANCHEZ.UM, MY PHONE NUMBER IS (210) 363-5895.
AND I'M CALLING ON, ON AGENDA ITEM NUMBER ONE.
I'M THE CO-CHAIR PERSON OF THE HISTORIC WEBSITE RESIDENCE ASSOCIATION.
AND, UH, OUR ASSOCIATION SUPPORTS THE APPLICANT'S REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK WITH THE FOLLOWING CONDITIONS THAT THE NEIGHBORS OF FOOTING THE PROPERTY ARE IN SUPPORT OF THE VARIANCE, AND THAT THE APPLICANT WILL INSTALL GUTTERS ON THE DETACHED ACCESSORY STRUCTURE, ENSURING THAT WATER RUNOFF DOES NOT GO INTO THE NEIGHBOR'S PROPERTY, AND THAT THE APPLICANT WILL MAKE ADJUSTMENTS TO THE GUTTERS IF NEEDED AFTER INSTALLATION.
UH, APPRECIATE YOUR ASSISTANCE.
AND LET'S HAVE THE SPEAKER COME UP, PLEASE.
WE GOT, UH, HE, HENRY RODRIGUEZ.
I KNOW WE'VE ALREADY ANNOUNCED YOUR NAME, BUT IF YOU COULD PLEASE JUST STATE GOOD TO SEE ALL
IF YOU COULD PLEASE JUST STATE YOUR NAME INTO THE MICROPHONE FOR THE RECORD.
AND THAT WAS OKAY FOR THE RECORD.
HENRY RODRIGUEZ, I LIVE AT 5 0 1 OAKWOOD 78 2 28.
AND, UM, FOR THE RECORD, I'M, I'M ALSO PART OF THE LULAC ORGANIZATION.
AND FOR THE RECORD, I'VE LIVED IN THAT COMMUNITY ALL MY LIFE.
EXCEPT FOR THE LAST TWO YEARS, COUPLE OF YEARS.
AND, UH, ACTUALLY I WANT YOU TO CONSIDER SOMETHING.
AND THAT IS THAT THIS COUPLE, THEY'RE NOT FLIPPERS, YOU KNOW, THEY'RE NOT, THEY'RE TO FLIP A HOUSE AND THEN SELL IT FOR A LOT OF MONEY.
THEY'RE ACTUALLY LIVING THERE AND HER MOM, THEY GOT A NICE HOUSE NEXT DOOR.
AND THE UNIFIED DEVELOPMENT CODE ALLOWANCE FOR THE STRUCTURE TO BE THERE IF IT DOES NOT CREATE ANY KIND OF PROBLEM WHERE SHE DOESN'T, IT'S NOT A FIRE HAZARD.
IT'S THE OTHER STRUCTURE'S WAY OUT THERE, 20 FEET AWAY.
AND IT'S JUST A LITTLE CONTINUATION.
THEY COULD POSSIBLY BUILD A, A STORAGE SPACE INSIDE THE HOUSE, BUT YOU DON'T DO THAT INSIDE YOUR HOUSE.
THAT'S WHY THEY, THEY HAVE THE MOM THEY HAVE TO TAKE CARE OF ALSO.
MAYBE SHE'S GOT SOME STUFF SHE NEEDS TO PUT IN THERE.
THEREFORE, THE INTEGRITY OF THE NEIGHBORHOOD IS WHAT'S IMPORTANT HERE.
AND THIS PARTICULAR CASE DOES NOT DO THAT.
IT, IT, IT MAINTAINS THE INTEGRITY IS WHAT I WANNA SAY.
UH, YOU KNOW, THERE'S SO MANY THINGS THAT WE CAN SAY ABOUT THIS, BUT WE, I ASK YOU ALL TO CONSIDER THE FACT THAT, YOU KNOW, NOBODY'S GONNA BE HURT AT ALL.
IT'S A SIMPLE LITTLE CONTINUATION.
SO THEY CAN HAVE ENOUGH STORAGE SPACE AND THEY CAN, UH, KEEP THEIR THINGS.
SO, YOU KNOW, I, I COULD SAY A BUNCH OF STUFF, YOU KNOW, I'VE BEEN ON THIS BOARD AND I CAN TELL YOU, BUT, BUT LOOK, DRIVING THERE, YOU ALWAYS SAY, CAN YOU SEE THE STRUCTURE THAT NO, YOU CAN'T.
OR YOU CAN'T TELL THAT IT'S, THAT IT WASN'T THERE.
SO I ASK YOU TO, YOU KNOW, THESE ARE, THEY, THEY'RE GONNA LIVE THERE FOR THE REST OF THEIR LIVES THERE.
NOW IT'S A, IT'S A, IT'S A GIVEN THAT IT'S, IT'S A SITUATION WHERE IT'S NOT A LUXURY, BUT RATHER IT'S NEC A NECESSITY.
AND THAT'S WHAT THEY'RE, UH, THESE PEOPLE ARE DOING.
AND, YOU KNOW, I, I LOOK AFTER MY NEIGHBORHOOD AND WHEN I WENT THERE, I SAID, WHAT A BEAUTIFUL HOUSE BUILDING BEFORE THE, IN THE 18 BUILDING, THE 18 HUNDREDS, LATE 18 HUNDREDS.
AND, AND THEY'RE GONNA KEEP THAT STRUCTURE.
I CAN, WE TRAVEL DOWN, UM, MONTEREY STREET, YOU SEE A LOT OF HOUSES THAT HAVE BEEN FLIPPED.
AND I DON'T KNOW WHO SOLD THEM OR WHO BOUGHT 'EM, BUT THEY'RE THERE.
THIS IS SOMEBODY THAT WANTS TO COME AND LIVE AND BE PART OF THE NEIGHBORHOOD FOREVER.
THEY WANNA BE THERE AND, AND BE GOOD NEIGHBORS.
AND THEY WILL BE SO MUCH THAT THE NEIGHBOR NEXT DOOR, THE ONES THAT'S RIGHT NEXT TO THAT STRUCTURE, SAYS IT'S OKAY.
SO IF IT'S OKAY WITH THEM, I MEAN, WHAT WOULD BE THE PROBLEM? NONE WHATSOEVER.
AND AS AN ORGANIZATION THAT CARES ABOUT THOSE THINGS, THAT'S WHY I'M HERE.
AND ON BEHALF OF MY ORGANIZATION, THE LULAC ORGANIZATION, CONCILIO ARE ONE OF THE MOST ACTIVE COUNCILS IN THE ENTIRE COUNTRY.
AND WE DON'T JUST GO OUT OF THE WAY TO SPEAK FOR ANYBODY.
ONLY WHEN WE BELIEVE THAT THAT'S THE JUST THING TO DO.
AND, AND THAT'S WHY, THAT'S WHAT I WANT YOU ALL TO CONSIDER.
I MEAN, UH, I KNOW SOME OF YOU HERE, BUT BE THAT AS IN MAY, YOU HAVE TO DO YOUR DUE DILIGENCE.
AND I'M, I APPRECIATE YOUR SERVICE,
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SO I WOULD ASK YOU TO PLEASE CONSIDER THOSE THINGS AND GIVE THEM THIS VARIANCE.WELL, THANK YOU VERY, IT'S NICE TO SEE YOU AGAIN.
AND THAT'S ALL THE PUBLIC COMMENT.
ANY QUESTIONS? ANY QUESTIONS FROM THE BOARD? I'M LOOKING AT YOU,
LET'S HAVE THE APPLICANT COME BACK FORWARD PLEASE.
'CAUSE UM, I GUESS AS FAR AS, UH, YOU HAD A, A LIST OF PEOPLE WHO WERE APPROVING IT AND, UM, THE NEIGHBORHOOD ASSOCIATION, THEIR, UM, THEIR ACCEPTANCE, I GUESS OF THIS, UH, INCLUDED THE CLAUSE OF YOUR NEIGHBOR ALSO PROVEN IT, AND I GOT CONFUSED THERE.
UM, DID YOUR NEIGHBOR ACTUALLY APPROVE IT AND, AND THE LETTER'S IN THE MAIL, OR YOU HAVE A COPY OF IT? OR JUST TRYING TO UNDERSTAND, 'CAUSE I DIDN'T QUITE UNDERSTAND YOUR, AS YOU WERE KIND OF WALKING THROUGH WHAT YOUR NEIGHBOR'S PERSPECTIVE WAS OF THAT.
SO MY NEIGHBOR, MY NEIGHBORS IN FULL SUPPORT OF IT, HE HAS LOOKED AT IT.
THERE'S ACTUALLY, UM, WE'RE GONNA HAVE THE SURVEYOR COME OUT AND, AND MAKE SURE THAT WE ARE RIGHT WHERE WE'RE SUPPOSED TO BE ON THE, ON THE PROPERTY LINE.
UM, BUT HIS FORM, HE DIDN'T MAIL IN ORIGINALLY.
I MADE A COPY OF IT, SENT A BLANK COPY OF MINE, TOOK IT DOWN TO HIM.
I KNOW IT WENT INTO THE MAIL TUESDAY.
I DON'T KNOW WHY IT'S NOT SCANNED IN AS, AS EVIDENCE, SO.
ANY OTHER QUESTIONS? ALL RIGHT.
I, I, I'M STRUGGLING A LITTLE BIT WITH THE ONE INCH SETBACK.
UM, HOW, HOW DO YOU INTEND TO MAINTAIN THAT SIDE OF YOUR STRUCTURE WITHOUT GOING ON YOUR PROPERTIES OR YOUR NEIGHBOR'S PROPERTY? UH, THE OTHER SIDE IS A DRIVEWAY.
UM, AND THERE'S NO MAINTAINING IT WITHOUT GOING ONTO HIS PROPERTY.
THERE'S NO WAY OF MAINTAINING WHAT'S CURRENTLY THERE WITHOUT GOING ONTO THE NEIGHBOR'S PROPERTY.
YEAH, AND I TOTALLY GET THAT WITH THE EXISTING STRUCTURE.
I JUST WONDER IF MAYBE LIKE A THREE FOOT SETBACK WOULD STILL MEET YOUR NEEDS IN TERMS OF PROVIDING STORAGE, BUT ALSO THE ABILITY TO MAINTAIN THIS NEW STRUCTURE.
WELL, SO IF I CREATE, AND MY PROBLEM WITH THIS WHOLE SETBACK TO BEGIN WITH, IF YOU SEE THE PROPERTY, THE, THE BUILDING IS RIGHT ON THE PROPERTY LINE.
THE WHOLE PREMISE BEHIND THIS TO BEGIN WITH IS THAT IT DOESN'T CREATE, IT'S GONNA LOOK UGLY.
IT'S GONNA BE A, THAT'S REALLY GONNA BE A PLACE OF MY PROPERTY THAT I REALLY CAN'T MAINTAIN ON THE REGULAR GRASS GROWING WEEDS, WHATEVER.
I CAN'T GET TO IT REGARDLESS WITHOUT GOING ONTO THE NEIGHBOR'S PROPERTY.
SO EITHER WAY, THERE'S GONNA BE A MAINTENANCE ISSUE.
CAN I ALSO INTERJECT? SO WE RECEIVED IS YES, IF YOU COULD STATE YOUR NAME, PLEASE.
OH, MY NAME IS GRETCHEN BROWN AND I AM, UM, MRS. BROWN.
UM, SO WE ACTUALLY RECEIVED HISTORIC DESIGNATION ON THIS HOUSE IN 2019.
AND WHEN WE RECEIVED THE HISTORIC DESIGNATION, PART OF THAT HISTORIC DESIGNATION WAS NOT JUST THE MAIN HOUSE, BUT ACTUALLY THAT GARAGE, WHICH WE DIDN'T EVEN REALIZE WAS GONNA BE PART OF THAT LISTING WHEN THEY GAVE US THIS HISTORIC DESIGNATION.
SO INITIALLY WHEN WE LOOKED AT, UM, TRYING TO FIX THIS GARAGE, IT WAS JUST TRYING TO PRESERVE THE STRUCTURE BECAUSE WITH SOME, UM, WITH SOME REHAB AND WITH SOME, UM, REALLY WORK ON IT, IT WOULD ALLOW US TO PRESERVE THIS EXISTING STRUCTURE, ADDING ONTO IT VERSUS OUR OTHER ALTERNATIVE IS TO ACTUALLY BUILD ANOTHER STORAGE SPACE, WHICH WOULD LAND, IF YOU SEE ON THAT SLIDE RIGHT THERE, IT WOULD LAND RIGHT BEHIND THAT BIG PECAN TREE THAT'S THERE.
THESE TWO PECAN TREES ARE ABOUT A HUNDRED YEARS OLD.
SO THAT'S THE OTHER, THAT'S THE ONLY OTHER PLACE THAT WE WOULD BE ABLE TO PUT IT.
BUT IF WE PUT THAT STORAGE SPACE THERE, THAT NOW ACTUALLY DETRACTS FROM THE ENTIRE VIEW OF THE HOUSE, WHICH IS THAT WHOLE WRAPAROUND PORCH, WHICH IS HOW WE GOT THE HISTORIC DESIGNATION TO BEGIN WITH, BECAUSE WE'RE ONE OF THE FEW HOUSES IN SAN ANTONIO THAT ACTUALLY HAS THOSE FEATURES THAT ARE ACTUALLY VISIBLE FROM THE STREET.
AND SO THE WAY WE SORT OF LOOKED AT THIS GARAGE WAS THAT, OKAY, WE'RE GONNA ADD ONTO IT, BUT WE ARE NOT GONNA BE ABLE TO JUST ADD ONTO IT.
WE STILL HAVE TO USE MATERIALS THAT LOOK LIKE WHAT WAS USED AT THE TIME THIS GARAGE WAS BUILT IN 1930.
YOU KNOW, WE STILL HAVE TO DO WORK TO PRESERVE WHAT IS IN THAT GARAGE TO EVEN BE ABLE TO ADD ONTO IT.
BUT THAT'S TO US, I MEAN, IF WE'RE TRYING TO PRESERVE THIS HISTORIC LANDMARK, THAT TO US HAS BEEN SORT OF LIKE THE BEST
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ALTERNATIVE WE HAVE.WE REALLY, I MEAN, WE COULD BUILD ANOTHER STORAGE BUILDING, BUT THAT KIND OF WOULD TAKE AWAY FROM THE INTENT OF HAVING THIS PROPERTY AS IT IS.
SO WE FIGURED IF WE DID THE ADDITION, IT WOULD NOT BE VISIBLE TO THE STREET.
IT WOULD STILL HAVE THAT VIEW OF THAT WRAPAROUND PORCH AROUND THE CORNER OF PINTO AND MONTEREY.
SO I HOPE WE'LL TAKE THAT INTO CONSIDERATION.
WELL, I'M GONNA INTERJECT ON, SO WHAT, WHAT THIS PORT COMMONLY SEES, UH, OVER MANY YEARS IS PEOPLE MAINTAINING THE EXISTING LINE OF A STRUCTURE.
BUT WHEN THAT LINE STARTS TO GET WITHIN THREE FEET OF A PROPERTY LINE, IT, IT'S, THERE'S CONCERNS THEY GET RAISED.
AND SO ONE OF THE CONCERNS I HEARD FROM A, A FELLOW COMMISSIONER IS IF THE, IF THE ITEM IN GREEN, IF THIS STAFF COULD BRING UP THEIR SITE PLAN, PLEASE.
UH, IF THE, UH, STORAGE EDITION IN GREEN WAS, UM, THERE'S ANOTHER THAT ONE WHERE IT SAYS FIVE FOOT REQUIRED SETBACK.
IF THAT ONE WALL WAS TO BE MOVED OVER TWO FOOT THREE FOOT, HOW, HOW DOES THAT AFFECT YOUR PLAN? BECAUSE IT LOOKED, IT LOOKED LIKE IT WOULD STILL BE A SIZABLE STORAGE FACILITY.
AND SO THAT'S WHAT WE'RE TRYING TO ASCERTAIN IS NOT MOVING THE OTHER WALLS, BUT JUST MOVING THAT ONE SOLE WALL OVER A FEW FEET, HOW DOES THAT CREATE A HINDRANCE TO YOUR USE OF THE PROPERTY THAT YOU WOULD LIKE THIS BOARD TO BE AWARE OF? THE WAY I SEE IT AND THE WAY THAT THE BUILDING IS LAID OUT TO BEGIN WITH, IF YOU'RE LOOKING AT IT FROM THE STREET, IF YOU PUT A, EVEN A ONE FOOT SETBACK ON THAT SIDE, YOU'RE GONNA HAVE A, A REAL, FROM AN ARCHITECTURAL VIEW, YOU'RE GONNA HAVE A REAL, FOR LACK OF A BETTER WORD, BASTARDIZED BUILDING.
IT'S GONNA LOOK LIKE, IT'S GONNA LOOK LIKE AT THE END THAT IT WAS ADDED ONTO THE WAY I INTEND TO BUILD IT.
IT'S NOT GONNA, IT'S NOT GONNA HINDER THAT.
AND IT'S GONNA SUPPORT THAT OTHER STRUCTURE.
THAT OTHER STRUCTURE THAT RISES THERE IS BUILT ON.
IF YOU ARE FAMILIAR WITH OLD BUILDING TECHNIQUES, THEY WOULD LAY CREOLE LOGS OUT AND THEY WOULD BUILD THEIR, THEIR WALLS ON TOP OF THOSE.
THOSE CILT ARE LONG GONE, AND THOSE WALLS HAVE COME DOWN.
I SAY THEY'RE LONG GONE, BUT THEY, THEY'RE, THEY'RE DIMINISHING.
AND WITH THAT DIMINISHING THE INTEGRITY OF THE STRUCTURES DIMINISHING BY TYING THAT BUILDING TO IT, I THINK IS WHAT SHE WAS TRYING TO SAY, IT ACTUALLY SUPPORTS THAT STRUCTURE AND THE ARCHITECTURAL LAYOUT OF THE WAY IT ACTUALLY LOOKS WITH YOU TAKING A A SETBACK, IT, IT, IT'S NOT GONNA LOOK GOOD.
ANY OTHER QUESTIONS? UH, I YVONNE? YES.
COMM COMMISSIONER YVONNE IS, UM, I NOTICED IN ONE OF THE PHOTOS THAT THERE, THE AREA WHERE THE NEW STRUCTURE, UH, IS PROPOSED THAT THERE'S A PRIVACY FENCE ON YOUR NEIGHBORS.
SO HOW, HOW ARE YOU GOING TO DEAL WITH THAT PRIVACY FENCE AS FAR AS, UM, SO WE JUST, THE MAINTENANCE OF THE BUILDING, WELL, THE PRIVACY FENCE ISN'T GONNA BE THERE.
THAT PRIVACY FENCE IS GONNA COME DOWN.
WE'RE GONNA PUT UP A TEMPORARY FENCE SO THAT FENCE IS, SORRY.
YEAH, THAT FENCE IS YOUR FENCE.
THAT, THAT FENCE IS OUR FENCE.
IT'S GONNA COME DOWN IN THE AREA WHERE WE ARE TO, AND THEN IT'S GONNA COME BACK BACK.
SO THE WAY IT JOINS UP TO THE CORNER OF THE GARAGE IN THE BACK RIGHT THERE.
AND THAT'S EXACTLY WHAT IT WOULD DO WITH THE NEW ADDITION.
SO YOU WOULD SEE A CONTINUOUS WALL YES.
FROM THE OLD, OLD STRUCTURE TO THE NEW ADDITION.
SEE THIS, CAN, CAN CITY STAFF CONFIRM THAT WE DON'T HAVE EVIDENCE THAT THE, AND AND FOR THE RECORD, WE DID GO OVER THE OTHER DAY, I THINK THE LAST TIME WE WERE HERE, WE DISCUSSED THE, UM, CLEARANCE BETWEEN MY PROPERTY AND THE SIDE OF THAT OTHER, UH, HOUSE RIGHT THERE.
IT IS EXACTLY 20 FEET TO THAT, TO THE CLOSEST POINT OF THAT OTHER STRUCTURE.
SO WE, THERE'S A, THERE'S, SO THE DILEMMA THAT YOU HAVE RIGHT NOW IS THAT, UM, YOU KNOW, THIS, THIS BOARD USUALLY PUTS REAL WEIGHT ON WHAT THE NEIGHBORS THINK AND WHAT THE NEIGHBOR ASSOCIATION THINKS.
AND ONE OF THE CONTINGENTS THAT WAS BROUGHT UP BY FELLOW COMMISSIONER AND DOCUMENTED FROM THAT ABUTTING NEIGHBOR WHERE THE DRIVEWAY IS, UH, YOU MIGHT HAVE SOME CONCERN BY, FROM SOME BOARD MEMBERS.
UH, UM, I'M LOOKING FOR, UM, ANY SUGGESTIONS.
I MEAN, THIS BOARD COULD YES, SIR.
SO WE JUST RECEIVED TODAY'S MAIL, WHICH HAS THESE FIVE PROPERTIES, AS IN FAVOR TO
[00:30:01]
INCLUDE THE NEIGHBORING PROPERTY, UH, SAVED BY THE MAILMAN.UM, NONE OF THE, UM, NONE OF THE, THEY ALL SAY IN FAVOR.
THEY DON'T HAVE A, LIKE A SPECIFIC REASON.
ONE OF 'EM SAYS, GOOD NEIGHBOR.
WELL, IF THERE'S NOTHING ELSE, STEVENS STEVENS, IT'S, IT'S DIFFICULT FOR ME TO, TO GET BEHIND THIS, BUT BECAUSE YOU HAVE YOUR NEIGHBOR, UM, IN SUPPORT NOW, I, I THINK I CAN, I CAN GET BEHIND THIS, BUT I, I, I DON'T BUY THE, THE HISTORIC NATURE.
I THINK OFFSETTING ACTUALLY PROBABLY DELINEATES THE DIFFERENCE BETWEEN HISTORIC AND NEW CONSTRUCTIONS.
BUT, UM, I'M JUST PUTTING THAT OUT THERE.
BUT I, I THINK I CAN SUPPORT THIS AT THIS.
AND FOR THE, FOR THE, WHOEVER MAKES A MOTION, UH, STAFF OR, OR MAYBE THE APPLICANT CAN ANSWER THIS.
WHAT IS THE DEPTH OF THIS, UH, STORAGE STRUCTURE? IT'S A LITTLE BLURRY.
WANT TO TRY TO ZOOM INTO IT? SO THE EXTENSION GOING AWAY FROM THE GARAGE? YEAH.
IF YOU'RE GOING BACK IT'S 16 FEET.
I THINK THE WIDTH OF THE HULL STRUCTURE IS 23 AND A HALF FEET.
YEAH, I COULDN'T, I JUST, SOMETIMES WE LIKE TO, TO PUT THAT NUMBER.
I THOUGHT THERE WAS AN EXPLODED VIEW OF THAT, BUT I MAY, IT MAY HAVE NOT.
OH, THAT'S NOT, YEAH, WE'RE LOOKING AT THE EXPLOSIVE VIEW, I GUESS.
WELL THEN, THANK YOU VERY MUCH.
IF THERE'S SOMETHING ELSE, I'M LOOKING FOR A MOTION UNA OONA, UH, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 0 3 0 3 3 9.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW AN ADDITION TO A DETACHED ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE SITUATED AT 2 1 5 SOUTH PINTO STREET.
APPLICANT BEING WE BROWN, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF PROVISIONS UDC HAS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP.
I WOULD ADD THAT THE LIMITS OF THE, UH, VARIANCE WOULD BE 16 FEET BACK FROM THE EXISTING, UH, GARAGE STRUCTURE, UH, UH, MAYBE 16 AND A HALF FEET TO GIVE THEM A LITTLE BIT OF 16 AND A HALF FEET JUST FOR ANY, UH, S OKAY.
AND, UH, TO INCLUDE GUTTERS AS THE APPLICANT, UH, PROVIDED TESTIMONY THEREOF, SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE ONE INCH REAR SETBACK IS NOT ABUTTING A STRUCTURE.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE LIMITED IN EXPANDING THE ACCESSORY STRUCTURE FROM THE ESTABLISHED NONCONFORMING SETBACK TO, UH, TO THE 16 FOOT LIMIT.
AS AS STATED, UH, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.
THE SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS ONE INCH REAR SETBACK WOULD ALLOW THE PROPOSED ADDITION TO ALIGN WITH THE EXISTING STRUCTURE.
MAINTAINING THE CURRENT DISTANCE FROM THE BUDDING PROPERTY FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIS WILL NOT SUBSTANTIALLY INJU THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH WILL PROPERTY IS LOCATED.
IF GRANTED, THE REDUCED REAR SETBACK WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS A REDUCED SETBACK, UH, WAS ALREADY HISTORICALLY ESTABLISHED.
N SIX APPLIED TO THE OWNER OF THE PROPERTY FOR ITS 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 ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS.
AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS THE APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING OF THE PROPERTY, AS SUCH AS THE LOCATION OF THE EXISTING ACCESSORY STRUCTURE.
SO I'M GONNA BE SUPPORTING, UH, THIS MOTION AS READ.
UM, FIRST, THE APPLICANT DID, DID MODIFY TO INCLUDE THE GUTTERS AS ONE OF THE REQUIREMENTS.
WE, WE, UH, HER TESTIMONY FROM THE NEIGHBORHOOD ASSOCIATION SUPPORTING, UH, SUPPORTING THE REQUEST.
WE, UH, RECEIVED, UH, LETTER TESTIMONY, UH, FROM THE NEIGHBORS THAT WOULD BE MOST LIKELY, MOST AFFECTED BY IT, UH, THAT WERE ALL IN SUPPORT.
UM, THE, THE SETBACK DOES HAVE A BUFFER FROM THE EXISTING STRUCTURE WITH THE NEIGHBOR'S, UH, NEIGHBORING PROPERTY DRIVEWAY THAT, UH, ELIMINATES OR ALLEVIATES SOME OF THE, UH, FIRE, UH, ISSUE THAT WOULD'VE BEEN, UH, PRESENT BEFORE.
AND THEN, YOU KNOW, THE, UH, EXISTING STRUCTURES THAT THERE'S NO ISSUE WITH, UH, UM, THE, THE, THE VISIBILITY FROM THE ROAD TO THE, TO THE FRONT OF THE GARAGE.
SO WITH ALL THAT SAID, I'M SUPPORTING THE MOTION THAT'S READ.
THANK YOU, COMMISSIONER MANNA.
UM, I CONCUR WITH MY COLLEAGUE AND, YOU KNOW, WE, WE ALSO HAVE COMMUNITY LEADERSHIP HERE, UM, ALSO IN FAVOR.
SO, SO I THINK THAT'S, UH, BODES WELL.
UM, AND JUST AS A REMINDER THAT, UM, YOU KNOW, PROPERTY LINES ARE IMPORTANT.
SO THE GUTTERS INSTALLED CAN'T CROSS OVER THAT PROPERTY LINE.
AND SO YOU HAVE TO FIGURE OUT HOW TO MAKE THAT WORK WITHOUT CROSSING THE PROPERTY LINE.
UM, BUT, BUT THAT BEING SAID, I WILL BE VOTING IN FAVOR.
ANYONE ELSE LIKE TO ADD? DEAN, COMMISSIONER, DEAN? UH, I TYPICALLY BELIEVE THAT, YOU KNOW, THE CORNER
[00:35:01]
HOUSE SHOULD BE THE PREMIER HOUSE IN THE COMMUNITY.AND IN THIS CASE, UH, WITH ALL THE SUPPORT, UH, I STILL BELIEVE THAT THIS WILL BE THE PRE PREMIER, UH, HOUSE ON A CORNER LOT, UM, CORNER PARCEL.
ANYONE ELSE? HEARING NONE? UH, LET'S HAVE ROLL CALL.
COMMISSIONER UNA? YES, I, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER GOMEZ? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ, I CONCUR.
UH, AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAVE ANY QUESTIONS, UM, YOU GET WITH STAFF.
SO AS MENTIONED AT THE BEGINNING, WE'LL BE MOVING ITEM NUMBER SEVEN UP SO THAT STAFF CAN GET BACK TO WORKING FOR OUR CITIZENS.
MY NAME IS MANTU AND I WILL BE PRESENTING, UH, ITEM NUMBER SEVEN, CASE BO A DASH 25 DASH 1 0 3 0 0 0 4 8.
ADDRESS, 1 0 8 5 5 I 10 WEST COUNCIL DISTRICT EIGHT APPLICANT.
HORIZON LANDSCAPE, A REQUEST FOR AN 11 FOOT NINE INCH BUFFER VARIANCE FROM THE 15 FOOT TYPE B BUFFER ALONG A HUNDRED, 145 FEET OF THE I 10 WEST RIGHT OF WAY TO ALLOW FOR A PARKING LOT EXPANSION WITH THREE FEET, THREE INCH TYPE BUFFER ZONING IS C3.
SUBJECT PROPERTY IS LOCATED NEAR THE EASTERN INTERSECTION OF I 10, EXCUSE ME, I 10 WEST AND HENER ROAD SOUTH OF EXPO BOULEVARD, ANDBUT, THE I 10 WEST ACCESS ROAD.
THE APPLICANT IS REQUESTING A LANDSCAPE BUFFER VARIANCE APPROVAL FROM THE BOARD OF ADJUSTMENTS TO ALLOW A REDUCED BUFFER OF THREE FOOT THREE INCH FROM THE PROPOSED PARKING LOT EXPANSION.
THE EFFECTIVE BUFFER SQUARE FOOTAGE WILL BE RELOCATED TO OTHER AREAS OF THE PROPERTY TO COMPLY WITH THE UNIFIED DEVELOPMENT CODE.
THIS IS THE RELOCATION SITE PLAN, IMAGES OF THE SUBJECT PROPERTY, ANY SURROUNDING AREAS.
STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 3 4 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THE LIMITED DEVELOPMENT SPACE PREVENTS THE PARKING LOT EXPANSION INTO OTHER AREAS OF THE PROPERTY WHILE STAYING IN COMPLIANCE WITH UDC STANDARDS.
THE AFFECTED TYPE B BUFFER SQUARE FOOTAGE AREA WILL BE RELOCATED TO OTHER PARTS OF THE PROPERTY SURROUNDING THE PARKING LOT.
ONE IN FAVOR, ZERO IN OPPOSITION, AND THERE ARE NO NEIGHBORHOOD ASSOCIATIONS WITHIN 200 FEET OF THE PROPERTY IN FAVOR.
AND THAT CONCLUDES STAFF PRESENTATION.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UH, OUR PROJECT IS A SMALL PARKING LOT EXPANSION AT THE FRONT OF THE, UM, SIERRA AUTO, UH, DEALERSHIP ON INTERSTATE 10.
IT'S ON THE, I GUESS THAT'S THE NORTH I 10 IS 45 DEGREES.
THAT ALWAYS SCREWS UP MY DIRECTION.
UM, IT'S, UH, THE NORTHWEST OR NORTHEAST SIDE OF I 10.
UM, SO SURROUNDED BY COMMERCIAL.
UM, THERE'S AN EXISTING, UH, TWO BAY PARKING LOT IN THE FRONT.
AND THE, UH, OUR, THE OWNER WOULD LIKE TO ADD TWO MORE BASES OF PARKING BETWEEN THE, THE FRONT OF THE EXISTING PARKING AND THE RIGHT OF WAY LINE.
UM, UH, AS STAFF MENTIONED, THERE'S VERY LIMITED SPACE THERE.
UM, CIVIL AND I WORK TO REDUCE THE,
[00:40:01]
UH, DEPTH OF EACH PARKING SPACE AND THE DRY VI A LITTLE BIT WHILE STILL MAINTAINING ENOUGH, UH, UH, UH, SPACE UNDER THE UDC STANDARDS.UM, SO WE'RE LIMITED TO ABOUT THREE FOOT THREE OF BUFFER WIDTH IN, UH, IT'S A TYPE C BUFFER REQUIRED.
UM, WE'RE LIMITED TO, UM, I THINK IT'S THREE FOOT NINE OR THREE FOOT 10 OF BUFFER WIDTH ALONG THE FRONT OF THE PARKING.
AND THEN WE HAVE DEEPER BUFFER AREAS ON BOTH THE RIGHT, THE PLAN, RIGHT.
THE PROPOSED OR THE REQUIRED BUFFER AREA BASED ON A 211 LINEAL FOOT, UH, UM, SECTION OF RIGHT OF WAY, UM, BY 15 FEET DEEP IS THIRTY ONE HUNDRED AND SIXTY FIVE SQUARE FEET OF TOTAL BUFFER AREA THAT'S REQUIRED.
UH, WE HAVE 145 FEET OF, UH, NEW, UH, PROPOSED PARKING LOT LENGTH AT THREE FOOT THREE.
AND THEN THE BALANCE OF THE, OF THE BUFFER, THE REQUIRED BUFFER AREA WILL BE MADE UP ON THE PLAN LEFT SIDE IN THE PLAN RIGHT SIDE, TOTALING SIXTY EIGHT HUNDRED AND SEVENTY THREE SQUARE FEET OF TOTAL BUFFER AREA, WHICH IS MORE THAN DOUBLE WHAT'S REQUIRED.
UH, THERE ARE, UM, A NUMBER OF EXISTING, UH, UH, UM, OAKS AND ELMS OUT THERE.
UM, SEVERAL OF THEM ARE NOT IN VERY GOOD SHAPE.
UM, WE DO HAVE A TREE PRESERVATION PLAN, BUT WE HAVE NOT SUBMITTED A SITE WORK PERMIT APPLICATION YET.
WE WANTED TO GO THROUGH THE, THE B OF A FIRST AND GET THE BUFFER, THE BUFFER VARIANCE, UH, APPROVED.
SO, UM, WE'RE IN COMPLIANCE WITH THE, THE LANDSCAPE ORDINANCES.
UH, WE WERE ABLE TO, UH, UH, TO ALLOW ENOUGH ROOM IN THE FRONT BETWEEN THE PARKING LOT AND THE RIGHT OF WAY TO PROVIDE A, A SHRUB SCREENING AREA, KIND OF MEETING THE INTENT OF THE BUFFER ORDINANCE TO REDUCE VISUAL CLUTTER AND TO SCREEN, UH, UH, VEHICULAR USES FROM ADJACENT RIGHTS OF AWAY.
SO, UM, THE ISSUE ISN'T SO MUCH THE TOTAL, OOPS, I'M SORRY.
I SHOULD LEARN TO NOT TALK WITH MY HANDS.
UM, WE'RE PROVIDING THE, THE TOTAL AMOUNT OF REQUIRED OR OF LANDSCAPE PLANTINGS REQUIRED BY THE BUFFER ORDINANCE.
UH, THEY'RE JUST SPREAD ON NOT ONLY THE FRONT, BUT ALSO THE SIDES.
UM, ANY QUESTIONS FOR THE APPLICANT? IVANEZ, COMMISSIONER IVANEZ? SIR, SIR, ARE YOU GOING TO, I NOTICED THAT YOU'RE GONNA TAKE 12 OF THOSE OAK TREES DOWN.
ARE YOU REPLACING THEM IN THE LANDSCAPING ON EITHER SIDE? UH, WE'RE TAKING THEM DOWN IN COMPLIANCE WITH THE CODE, UM, WHERE THE CODE ALLOWS US TO, TO REMOVE AS MUCH AS 60% OF THE, OF THE EXISTING TREES.
UM, SO I DON'T HAVE THE TREE PRESERVATION QUANTITIES, UH, HANDY, BUT WE ARE MEETING THE MINIMUM REQUIREMENTS OF THE UDC.
SO WE'RE, WE'RE REPLACING, YOU LOOK AT THE PLAN THAT SUB, THIS IS THE LANDSCAPE PLANTING PLAN.
UM, YOU CAN SEE THAT THERE'S A LIMITED AMOUNT OF SPACE ON EITHER SIDE IN BETWEEN, NOT ONLY THE EXISTING PARKING AND THE PROPOSED PARKING, BUT ALSO THE EXISTING TREES, WHICH ARE THE, THE SINGLE LINE CIRCLES THAT YOU SEE UP THERE.
UM, SO WE HAD ROOM ON THE LE THE PLAN LEFT SIDE FOR TWO NEW LACY OAKS, WHICH IS KIND OF A ME THANK YOU.
I'M NOT SURE HOW THAT'S SUPPOSED TO WORK.
THEY ARE THE DARK CIRCLES ON THE, UH, PLAIN LEFT SIDE WITH QL NEXT TO THEM.
UM, THAT'S ABOUT ALL THE ROOM THAT WE HAVE FOR NEW TREES THERE.
AND THEN ON THE RIGHT SIDE, WE'RE TRYING TO REDUCE GRASS AS MUCH AS POSSIBLE, UM, DUE TO CONTINUED WATER RESTRICTIONS AND DROUGHT CONDITIONS.
SO ON THE RIGHT SIDE WE HAVE A RIVER ROCK, KIND OF A DRY CREEK BED.
UM, THAT'S THE KIND OF THE COBBLY PATTERN.
AND UH, UM, SORT OF WINDING THROUGH THE, THE DRY CREEK BED, THERE ARE THREE MOUNT LAURELS AND TWO, UH, MEXICAN RED BUDDS.
SO THAT IS THE TOTAL OF SEVEN PROPOSED TREES.
AND I DON'T KNOW HOW MANY PROPOSED BUSHES WE'RE WAY, WAY OVER THE, SO, SO YOU ARE ADDING, YOU ARE GOING ADD SOME? YES MA'AM.
THAT'S, UH, SEVEN TOTAL COMMISSIONER MANON.
SO CAN YOU BRING UP THE OVERHEAD? AND SO I'M JUST, UM, TRYING TO UNDERSTAND, SO DOES EN SIERRA OWN THE, UH, BUDDING PROPERTY NEXT TO THIS, WHICH BASICALLY HAS THIS LINE CUT ALL THE WAY TO THE STREET? SO IS THAT TRUE? I BELIEVE THAT IS THE CASE.
AND SO, SO, AND THIS CORNER LOOKS LIKE A NICE, YOU KNOW, SO, YOU KNOW, A NICE BREAK INTO THAT CORNER.
AND SO I GUESS, UM, IF I'M LOOKING AT THE LOT THERE, UM, SO, SO HOW FAR TO, SO, OR BASICALLY IS YOUR PLAN TO CUT IT THE SAME LINE THAT'S ALREADY THERE ON THE OTHER LOT? UH, NO, WE'RE CONSIDERABLY FURTHER BACK THAN THAT.
SO I, I, I WAS CONFUSED WITH THEIR PICTURE.
DID TRY TO, I DIDN'T QUITE UNDERSTAND HOW FAR YOU'RE CUTTING BACK INTO, UM, OR CUTTING INTO THAT
[00:45:01]
CURRENT MEDIAN THERE.AND IT LOOKS LIKE THAT WHOLE THING DISAPPEARS AND YOU'RE NOW BACK TO ESSENTIALLY WHAT'S ON THE OTHER LOT.
SO I GUESS HELP ME UNDERSTAND THAT PLEASE.
UM, THERE ARE, UM, IF YOU LOOK DOWN AT THE BOTTOM, YOU CAN SEE THE, UM, THE LIMITS OF THE, THE, UH, I 10 FRONTAGE ROAD.
UM, SO FROM THE LIMITS OF THE I 10 FRONTAGE ROAD TO THE, THE RIGHT OF WAY LINE, WHICH IS CALLED OUT ON THE PLAN AS THE PROPERTY LINE, UM, THAT IS ABOUT 10 OR 12 FEET RIGHT THERE.
THEN WE'VE GOT THE, THE THREE FOOT THREE BETWEEN THE RIGHT OF WAY LINE AND THE, THE, THE PROPOSED PARKING EXPANSION.
SO THAT'S A TOTAL OF ABOUT 15, 16, 17 FEET FROM THE E EXISTING EDGE OF PAVEMENT.
SO UNFORTUNATELY MY PLAN DIDN'T INCLUDE, UH, UH, ENOUGH OF THE ADJACENT AREA TO SEE HOW, HOW IT RELATES TO THAT.
AND, AND SO WHAT IS THE PLAN, UM, FOR THE REMOVAL OF, I GUESS, OR OF THIS BUFFER? WHAT IS THAT SPACE COULD BE USED FOR THAT YOU KNOW, CAN'T BE USED ON THE ABUTTING PROPERTY? I'M SORRY, I DID NOT UNDERSTAND THE QUESTION.
SO, UM, YOU'RE LOOKING TO ADD A BUNCH OF SLOTS OR SLOTS HERE.
SO WHAT IS IT THAT YOU WANNA DO WITH THAT SPACE THERE? UM, IS IT FOR CUSTOMERS OR IS IT FOR PARKING? MORE CARS FOR SALE THERE? UM, YOU'RE TRYING TO UNDERSTAND WHAT IS THAT YOU PLAN TO USE IT FOR, YOU KNOW, BEING THAT YOU LOOK NEXT TO THE PROPERTY NEXT TO YOU AND YOU HAVE A LOT OF PAVEMENT THERE ALREADY.
SO JUST TRYING TO UNDERSTAND HOW WE'RE ADDING TO THIS.
I BELIEVE THAT IS GOING TO BE USED FOR, FOR PARKING.
PRIMARILY INVENTORY AND SOME OF THE OFFICE SPACE FOR THE, UH, SIR, IF YOU CAN, UH, I'M SORRY.
COMING UP, UH, TELL US YOUR NAME AND LOVE TO HEAR YOUR THOUGHTS.
JUST DON'T ASK ME TO TEACH YOU HOW TO USE THE POINTER.
JOE CASTILLO, I'M A REPRESENTATIVE FOR MR. ANTA, UH, AUTO GROUP.
AND UH, I JUST WANTED TO POINT OUT THAT THAT IS PRIMARILY GOING TO BE USED FOR INVENTORY, SO THAT WAY WE DO NOT CREATE MUCH MORE TRAFFIC IN THAT AREA.
SOME OF IT WILL BE USED FOR THE, UH, CORPORATE OFFICE SPACE.
'CAUSE THEIR OFFICES, CORPORATE OFFICES ARE RIGHT BEHIND THERE.
UM, ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ.
SO WITH THE EXPANSION THAT YOU WANNA MAKE, ABOUT HOW MANY PARKING SPACES ARE YOU TALKING ABOUT? DO YOU KNOW? I BELIEVE IT'S, I BELIEVE IT'S 40.
SO IT'LL BE RIGHT NEXT TO THE OTHER PARKING AREA THAT'S THERE TO YOUR LEFT OR MY LEFT? YES MA'AM.
ON THE TOP OF THE SCREEN THERE, YOU SEE THE EXISTING PARKING? YES, SIR.
THERE, THERE, THERE'S A DOUBLE ROAD THERE.
AND THEN THE PROPOSED PARKING IS A DOUBLE ROW BELOW THAT ON THE PLANT.
SO IF YOU GO BACK TO THE AERIAL PHOTO, RIGHT, RIGHT THERE, UM, WHERE THE, THE LITTLE TAG SAYS AUTO DEALERSHIP, THAT'S THE EXISTING PARKING.
AND THEN WHERE THE PARCEL NUMBER OR THE, I GUESS THAT'S THE ADDRESS, THE TEN EIGHT FIFTY FIVE.
SIR, CAN YOU SPEAK INTO THE MIC? I'M SORRY.
UM, WHERE THE TEN EIGHT FIFTY FIVE IS WHERE THE, WHICH IS THE ADDRESS, THAT'S WHERE THE NEW PARKING IS GOING TO BE LOCATED.
BUT I'D LIKE TO ADD SOMETHING.
ONE OF THE REASONS THIS CAME ABOUT WAS BECAUSE ALL THOSE OAK TREES THAT ARE IN THE FRONT STARTED DYING AND I FORGOT THE NAME OF THE DISEASE.
IT'S A, YOU KNOW, ELABORATE DISEASE, BUT THEY'RE ALL DYING.
SO RATHER THAN JUST KNOCK 'EM DOWN, WE INCORPORATED GETTING A CIVIL ENGINEER TOGETHER WITH MR. ROBINSON AND BEAUTIFY THAT AREA.
AND THAT'S WHAT CREATED THE PARKING SPACES THAT ARE THERE.
WE DON'T WANT TO CREATE ANY MORE TRAFFIC INTO I 10 BECAUSE IT'S A VERY DIFFICULT CROWDED AREA.
SO IT'S PRIMARILY GOING TO BE USED FOR INVENTORY.
SO ASIDE FROM THE INVENTORY THAT WE'RE CREATING IN THERE, WE'RE ALSO BEAUTIFYING THAT AREA.
AS YOU CAN SEE FROM THE PICTURE, IT'S KIND OF A, YOU KNOW, DEAD SPACE, ET CETERA.
BUT WITH THE LANDSCAPING, AND JOHN HAS DONE A VERY GREAT JOB ON ANOTHER PROJECT THAT WE DID.
THAT'S WHERE WE ENGAGED THEM ON THE LANDSCAPING AND WE'RE PLANNING TO BEAUTIFY THAT AREA.
UH, I'D LIKE TO ASK FOR LANDSCAPE, UH, STAFF TO COME FORWARD, UH, SEE IF WE HAVE ANY QUESTIONS FOR THAT DEPARTMENT.
I KNOW STAFF IS RECOMMENDING APPROVAL, SO I CAN ONLY ASSUME THAT Y'ALL HAVE LOOKED AT THIS.
UH, MY NAME'S RICARDO ESPINOZA.
I'M ASSISTANT CITY ARBORS IN THE PLAN REVIEW SECTION.
SO, SO WE'VE HEARD FROM THE APPLICANT THAT HE'S GOING TO BE REMOVING SOME TREES THAT ARE, THAT ARE IN DECLINE AND MO PUTTING SOME ADDITIONAL LANDSCAPING ON THE, ON THE, UH, EXTREMITIES, UH, OF THIS AREA.
WHAT, WHAT DO, WHAT DO Y'ALL THINK ABOUT THIS? I MEAN, DID YOU GET AN OPPORTUNITY TO LOOK AT THIS PLAN AT THIS YET? UH, WE'RE LOOKING AT IT JUST, UH, AS FAR AS THE BUFFER REQUIREMENTS ARE, SO LIKE
[00:50:01]
MR. ROBINSON SAID, HE HASN'T SUBMITTED IN A SITE WORK APPLICATION, SO WE HAVEN'T LOOKED AT IT AS A PRESERVATION SIDE OF IT.ONCE THEY DO THAT, WE WILL BE LOOKING FOR, UH, WE WILL SEND AN INSPECTOR OUT THERE TO VERIFY THE CONDITION OF THE TREES.
IF THERE ARE SOME, IF THERE ARE IN DECLINE, WE WILL, UH, HAVE THEM SUBMIT A, A, UH, REPORT FROM CERTIFIED ARBORISTS GIVING US, UH, A REPORT OF THE, THE CONDITION OF THE TREES.
AND SO, NOR WE HAD HER TESTIMONY THAT 40% IS, IS THE MAGIC NUMBER FOR A COMMERCIAL PRESERVATION, IF ANY TREES ARE IN DECLINE, THAT ACTUALLY BUMPS THAT NUMBER UP FOR THE APPLICANT, IS THAT CORRECT? WELL, IF THEY ARE DEEMED TO BE IN, IN DECLINE, WE COUNT 'EM AS EXEMPT.
SO THIS, SO HIS PRESERVATION NUMBER WOULD GO? YES, IT WOULD BE UP, YES, SIR.
UH, IS THERE ANY OTHER QUESTIONS MAN, MR. MANA? SO, SO WITH REGARDS TO, UM, IT'S A, I GUESS 11 FOOT VARIANCE IS WHAT'S BEING SOUGHT.
AND SO, UM, SO ON THIS MAP HERE, UM, CAN YOU SHOW ME WHERE THAT 11 FOOT LINE IS AND ESSENTIALLY WHAT WOULD BE LOST? UM, IF IT WAS THAT WE WERE TO, UM, IT YOU HAVE TO USE THE POINTER.
WE HAVE A LASER POINTER IF YOU WANT TO.
WELL, I COULDN'T FIGURE OUT RIGHT THERE.
SO IS THAT SHOWING UP? YES, HIGHER.
SO THESE TWO LINES RIGHT HERE ARE EXISTING UTILITY EASEMENTS.
MAKE IT MORE DIFFICULT FOR YOU.
EXCEEDS MY COORDINATION CAPACITY.
UM, THE, UH, THE RIGHT OF WAY LINE IS RIGHT HERE, RIGHT WHERE THE, THE, UM, ROW OF CIRCLES HERE ARE BUSHES AND THOSE ABUT THE RIGHT OF WAY LINE ON THE FRONT SO THAT THOSE ARE WITHIN THE OWNER'S PROPERTY.
SO THIS SPACE RIGHT HERE IS THREE FOOT THREE, SO, AND THESE ARE, I THINK WE LANDED ON 16 FOOT DEEP PARKING PLACES HERE.
SO YOUR 11 FOOT SPOT WOULD BE ABOUT RIGHT THERE, RIGHT AT THE EDGE OF THE EXISTING, UH, EASEMENTS.
SO THEN IF THAT'S, SO, SO IF THAT'S CORRECT OR, OR I GUESS IT COULD BE THAT YOU COULD BRING IN ONE MORE BAY, ESSENTIALLY DOWN AT WHOLE STRIP AND STILL ALLOW FOR PARKING, UM, AND STILL ALLOW FOR THAT GREEN SPACE.
BUT, BUT YOU'RE LOOKING TO ADD ANOTHER ROW INTO THAT, INTO THAT SPACE.
AND THAT WOULD BE LESS THAN HALF OF THE PARKING PLACES? THAT WOULD, THAT WOULD, OKAY.
UM, I JUST ALSO WANTED TO ADD THAT SOME YEARS AGO THERE WAS A-A-U-D-C AMENDMENT THAT REDUCED BUFFERS DOWN TO A FIVE FOOT BUFFER WHEN YOU'RE BUTTING A HIGHWAY.
UH, AND YOU HAD CONFLICTS WITH SOME UTILITIES.
I KNOW THAT THERE IS A UNDERGROUND, I THINK IT'S A DATA OR GAS OR SOMETHING.
HIGH PRESSURE LINE, HIGH HIGH PRESSURE GAS LINE.
THERE'S A HIGH PRESSURE LINE AND A, UH, HIGH FIBER LINE THAT CONNECTS ALL OF I 10 UTILITY.
AND THAT REDUCTION WAS DROPPED TOO.
SO I THINK AT THREE, THREE AND SOME CHANGE THAT IT'S NOT TOO FAR OFF.
AND IF STAFF'S, UH, IN SUPPORT AND I HAVEN'T HEARD ANYTHING NEGATIVE.
YEAH, I, I'M, I'M NOT GONNA BE OPPOSED TO THIS.
IS THERE ANY OTHER, ANYTHING ELSE BEFORE WE MOVE TO A MOTION? IS THERE ANYONE SIGNED TO SPEAK ANY VOICEMAILS? NO PUBLIC COMMENT.
UH, LET'S HAVE, LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 25 DASH 0 3 0 0 0 4 8.
I MOVE THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR AN 11 FOOT NINE INCH BUFFER VARIANCE FROM THE 15 FOOT TYPE B BUFFER ALONG 100 DEGREES.
COMMISSIONER FRAGMENT, IS YOUR MICROPHONE ON? I'M SO SORRY.
IT IS I'LL, I CAN BARELY HEAR YOU.
UM, SITUATED AT 1 0 8 5 5 IH 10 WEST APPLICANT BEING HORIZON LANDSCAPE, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REDUCED BUFFER DOES NOT IMPACT THE NEIGHBORING PROPERTIES.
AS THERE ARE PROPERTIES IN THE SURROUNDING AREAS THAT HAVE SIMILARLY REDUCED LANDSCAPE BUFFERS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE LIMITED AVAILABLE DEVELOPMENT SPACE PREVENTS THE EXPANSION OF THE EXISTING PARKING AREAS TOWARD ANY OTHER DIRECTION OTHER THAN INTO THE BUFFER.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS AFFECTED SQUARE FOOTAGE OF THE LANDSCAPE BUFFER WILL BE RELOCATED TO OTHER PARTS OF THE PROPERTY AND NOT ELIMINATED AS A REMEDY TO THE VARIANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES
[00:55:01]
SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.NO OTHER USES THAN NO OTHER USE.
NO OTHER NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE NEIGHBORING PROPERTIES AS THE PART OF THE LANDSCAPE BUFFER THAT WILL BE ENCROACHED UPON WILL BE RELOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND NEAR THE PROPERTY.
THE LIMITED AVAILABLE DEVELOPMENT SPACE PREVENTS THE EXPANSION OF THE EXISTING PARKING AREA.
END OF MOTION, MANNA SECOND BY COMMISSIONER MANNA.
UM, I'LL BE SUPPORTING THE MOTION.
UM, I I'M GLAD TO HEAR THAT THERE'S A, A BACKSTOP WITH THE, UH, TREE ORDINANCE DIVISION, UH, THAT WILL BE APPROVING, UH, THAT THOSE TREES, UM, ARE NOT SUFFICIENT, UM, CONDITIONED TO BE, UM, SAVED AND SO THAT THEY'LL BE ABLE TO MOVE THEM TO ANOTHER PART OF THE, THE PROPERTY.
AND I LIKE THE, UH, DEVELOPMENT PLAN THAT WAS DEVELOPED 'CAUSE IT DOES ADD SOME ADDITIONAL, UH, LANDSCAPING ON, UM, THE EAST AND WEST SIDE OF, OF THE PROPERTY.
SO I, I'M PROBABLY NOT GONNA BE IN SUPPORT OF THIS.
UM, SO, SO I THINK THAT CORNER IS A BEAUTIFUL CORNER AND I THINK THAT, YOU KNOW, GOING UP TO THIS PARTICULAR PROPERTY, UH, IT'S BEEN CLEAR CUT FOR, FOR A GIANT PARKING LOT FOR THE BUDDING PROPERTY.
UM, AND YOU TO GIVE THEM THE EXTRA, THE EXTRA, I DIDN'T HEAR A COMPELLING CASE FOR DRIVING THE EXTRA SLOTS THERE ALONG THAT FRONT ROW.
UM, AND THEN ALSO TAKING A LOOK, I WAS TRYING TO BRING UP THE MAP FOR THE WATER WHERE IT SITS WITHIN THE, UM, RECHARGE ZONE.
AND SO I KNOW IT'S KIND OF IN BETWEEN.
UM, NOT NECESSARILY IN THE, UM, IT'S IN, IT'S IN THE MIDDLE ZONES.
AND SO I KNOW THAT THERE ARE, UH, HOLES AROUND THAT AREA FOR, THAT ARE FOR RECHARGE.
AND SO TO ME THAT'S TOO MUCH, UM, UM, CLEAR CUTTING, UH, FOR, FOR MY TASTE IN THIS AREA.
ANYONE ELSE LIKE TO ADD? UH, I'M GONNA ADD, UH, THAT, YOU KNOW, I I, WHEN I ZOOM OUT ON I 10 ON THIS SIDE OF HEIER UNTIL YOU GET TO THE HARD CORNER AT HEIR IN 10, THERE'S NOT A, THERE'S NOT A LOT OF LANDSCAPING BUFFER.
SO THIS, THIS, THAT, THAT DOESN'T REALLY BOTHER ME.
BUT THE OTHER POINT I'M LOOKING AT WITH THIS IS IF HE WERE TO GO BACK 11 MORE IN SOME CHANGE, 11 FEET IN SOME CHANGE AND DO SOME TREE PLANTINGS, IT DOES HAVE UNDERGROUND UTILITIES, IT HAS UNDERGROUND FIBER.
THERE'S NOT THAT DIRT, WHICH ISN'T ALL THAT DEEP.
UH, IT ALSO HAS UNDERGROUND HIGH POWER GAS, HIGH PRESSURE GAS LINES.
I THINK COVERING IT UP WITH ASPHALT IS PROBABLY A BETTER SOLUTION THAN PLANTING UH, TREES WITH ROOTS THAT EVENTUALLY GROW DEEP.
SO I'LL BE IN SUPPORT OF THIS, UM, FOR THAT REASON.
IS THERE ANY, UM, VOICE, THERE'S NO MORE VOICEMAILS, RIGHT? NO ONE SIGNED UP.
ALL RIGHT, SO LET'S HAVE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT.
UH, IF YOU HAVE ANY QUESTIONS, I'M SURE YOU'LL GET WITH STAFF.
SORRY I WAS A LITTLE LATE TODAY.
UH, I ALSO UNDERSTAND THAT THE APPLICANT FOR ITEM NUMBER 11, UH, HAS A TO APPEAR IN COURT LATER.
AND SO THEREFORE I'LL BE MOVING ITEM NUMBER 11 UP.
AND FOR THOSE IN THE GALLERY, I APOLOGIZE, BUT YOU KNOW, WE DO TRY TO MAKE, UH, YOU HAVE A SEAT MA'AM.
UH, YOU CAN, YES, PLEASE HAVE A SEAT.
I DIDN'T KNOW IF WE NEEDED TO ADDRESS THE MOTION ON MOVING IT UP.
JOEL PALUS, UM, PRESENTING ITEM NUMBER 11 BO OA DASH 25 DASH 1 0 3 0 0 0 4 9.
THE ADDRESS IS 3,400 PIT LUCK AVENUE AND 74 34 NEW LAREDO HIGHWAY CONSUL DISTRICT FOUR.
THE APPLICANT IS LAW OFFICE OF E-A-R-P-L-L-C-A
[01:00:03]
REQUEST FOR ONE, A THREE FOOT TWO INCH SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW AN EIGHT FOOT SOLID FENCE WITH NINE FEET, TWO INCH SUPPORT BEAMS IN THE SIDE AND REAR YARD.TWO, A VARIANCE FROM FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE.
THREE A 13 FOOT NINE INCH VARIANCE FROM THE MINIMUM 25 FOOT CORNER.
CLEAR VISION TO ALLOW A 11 FOOT THREE INCH CORNER.
THE SUBJECT PROPERTY IS LOCATED SOUTH OF SOUTHEAST MILITARY DRIVE WEST OF SOMERSET ROAD.
ON THE CORNER OF NEW LAREDO HIGHWAY AND PIT LUCK AVENUE.
ON AUGUST 8TH, 2024, CODE ENFORCEMENT INVESTIGATED A SUBJECT PROPERTY FOR A FENCE CONSTRUCTED WITHOUT A PERMIT.
CODE ENFORCEMENT INSTRUCTED THE PROPERTY OWNER TO OBTAIN A PERMIT FOR THE FENCE.
ON SEPTEMBER 18TH, 2024, THE PROPERTY OWNERS SUBMITTED FOR A FENCE PERMIT, BUT WERE UNABLE TO OBTAIN APPROVAL.
THE APPLICANT ON BEHALF OF THE PROPERTY OWNERS IS REQUESTING A THREE FOOT, TWO INCH FENCE HEIGHT SPECIAL EXEMPTION, AS WELL AS A FENCE MATERIAL VARIANCE TO ALLOW AN EIGHT FOOT CORRUGATED METAL FENCE WITH NINE FOOT TWO INCH SUPPORT BEAMS TO REMAIN ALONG THE SIDE AND REAR PORTIONS OF TWO ADJOINING LOTS.
ADDITIONALLY, DURING THE SITE VISIT, STAFF ANNOTATED THAT THE FENCE ADJOINED ON THE CORN OF PIT LUCK AVENUE AND MASTER STREET REQUIRED A 13 FOOT NINE INCH CORNER.
CLEAR VISION VARIANCE AS A FENCE DID NOT MEET THE REQUIRED 25 FOOT CORNER CLEAR VISION DISTANCE.
WHILE THE PROPERTY IS ZONE COMMERCIAL, THE RESIDENTIAL USES ACROSS THE STREET REQUIRE THE CLEAR VISION STANDARDS OF RESIDENTIAL STREETS.
PERMITS ARE PENDING IN THE OUTCOME OF THE BOARD OF ADJUSTMENT.
THIS IS THE SITE PLAN VIEWS OF THE SUBJECT PROPERTY, AND THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR FENCE HEIGHT.
SPECIAL EXEMPTION STAFF RECOMMENDS DENIAL IN BO OA DASH 25 DASH 1 0 3 0 0 0 4 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SPECIAL DEFENSE SPECIAL EXEMPTION DOES NOT APPEAR TO CREATE ANY ADDITIONAL ENHANCED SECURITY AND PRIVACY.
AND TWO, DEFENSE SPECIAL EXEMPTION WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED IN STAFF.
RECOMMENDATION FOR FENCE, MATERIAL AND CORNER CLEAR VISION VARIANCE.
STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THERE ARE NO UNIQUE CIRCUMSTANCES ON THE PROPERTY THAT MERIT DEVIATION FROM THE REQUIRED FENCE MATERIAL AND SECURITY CAN BE PROVIDED ON THE LOT BY A NON PROHIBITED FENCE MATERIAL.
TWO, THE PROPERTY IS ADJACENT TO SINGLE FAMILY DWELLINGS TO THE EAST AND INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT THE NEIGHBORHOOD LOOK AND CHARACTER.
THREE, THE FENCE OBSTRUCTS THE VISION OF ONCOMING TRAFFIC AT PIT LUCK AVENUE AND MASTER STREET INTERSECTION, AND NO OTHER FENCES ARE ENCROACHED INTO THE CORNER.
CLEAR VISION IN THE IMMEDIATE VICINITY.
21 NOTICES WERE MAILED IN FAVOR.
INSIDE THE 200 FEET AND NINE OUTSIDE 200 FEET, THERE WAS ZERO IN OPPOSITION.
AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARY OF A REGISTERED NEIGHBORHOOD ASSOCIATION.
[01:05:12]
THIS CONCLUDES STAFF PRESENTATION.CAN YOU BRING UP, UH, RIGHT BEFORE ALL THE SIGNATURES, IT LOOKED LIKE THERE WAS SOME CONDITIONS, UM, WE WERE JUST HIGHLIGHTING THOSE INSIDE AND OUTSIDE OF 200 FEET.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
MY NAME'S ELIZABETH RUSSELL AND I'M HERE ON BEHALF OF THE APPLICANT.
UM, THE PAGE RIGHT BEFORE THE SIGNATURES WERE A MAILOUT THAT WE SENT TO THE NEIGHBORS THAT DISCUSSED OUR PLANS OF REQUEST FROM THE BOARD OF ADJUSTMENTS AND SPECIFICALLY WHAT WE WERE ASKING FOR.
SO THAT WAS PAGE ONE AND THE SIGNATURES WERE ON PAGE TWO.
SO DOES THAT KINDA CLEAR UP SOME OF THAT QUESTION? UM, I REPRESENT A GENERATIONAL FAMILY OF, UM, INDIVIDUALS WHO RUN A, UM, AUTO REPAIR SHOP WHO HAD HAD MULTITUDES OF BREAK-INS IN THE AREA.
THEY HAVE BECOME, UM, THEY'VE BECOME IN A WORKING COOPERATIVE AGREEMENT WITH THE NEIGHBORHOOD.
AS YOU CAN SEE, THERE'S MANY NEIGHBORS THAT ARE IN SUPPORT OF THEIR FENCE AND, UM, THEY'VE BEEN WORKING WITH THAT NEIGHBORHOOD TO KIND OF CLEAN UP THE NEIGHBORHOOD.
AND BECAUSE OF ALL THOSE BREAK-INS, THEY DID GO FROM A CHAIN LINK FENCE TO A CORRUGATED FENCE.
UNFORTUNATELY, UM, MY CLIENTS DID NOT KNOW THAT THAT WASN'T ALLOWED PER THE CODE.
THEY THOUGHT THEY WERE COMMERCIAL AND IT WAS JUST OKAY BECAUSE THAT WAS KIND OF A COMMERCIAL TYPE OF FENCE.
AND SO THEY CONSTRUCTED THE FENCE AND THEN DURING AN INSPECTION THEY FOUND OUT THAT THAT FENCE WAS NOT APPROPRIATE.
THEY TRIED TO TAKE THE PROPER STEPS TO GET THAT FENCE PERMIT AND ULTIMATELY THEY WERE NOT ABLE TO DO THAT.
AND THAT'S WHAT WE'RE HERE FOR TODAY.
THEY ARE IN AGREEMENT TO MAKING WHATEVER CHANGES NECESSARY THAT DOESN'T INCLUDE THEM TEARING DOWN THAT FENCE.
IT WAS EXPENSIVE FOR THEM TO PUT UP.
THEY DON'T NECESSARILY HAVE THE FUNDS IN WHICH TO REBUILD IT.
AND SO, UM, THAT WOULD INCLUDE CUTTING DOWN THE BARRIER POSTS, THE NINE FOOT TWO BARRIER POST TO MEET THE EIGHT FOOT, UM, HEIGHT LIMIT, UM, AS WELL AS MAKING ANY CHANGE FROM THE CORNER AND WHICH WAS NECESSARY TO ALLOW FOR THAT VISIBLE LINE OF SIGHT AS THE CORNER IS ROUNDED.
UM, THE ONLY THING THEY'RE NOT IN AGREEMENT TO OBVIOUSLY IS REMOVING THE CORRUGATED FENCE.
THEY DO BELIEVE IT ADDS AN ADDITIONAL LEVEL OF SECURITY.
THEY HAVE SEEN THE POSITIVE CHANGES IN THE LEVEL OF SECURITY THAT'S BEEN ADDED SINCE THE, UM, INCEPTION OF THE CORRUGATED FENCE.
AND WE WOULD REQUEST THAT, UM, WE HAVE A VOTE IN FAVOR OF ALLOWING FOR THE CO CORRUGATED FENCE AT THE EIGHT FOOT FENCE HEIGHT, UM, WITH THE NINE FOOT TWO POST, UM, CUT DOWN TO EIGHT FOOT AND WHATEVER, UM, I GUESS CORNER VARIANCE IS NECESSARY.
UM, ANY QUESTIONS FROM THE, FROM THE COMMISSION? MANNA, GERMANA? SO, SO, UM, YOU KNOW, WHAT I'M HEARING IS, UM, BASICALLY ONCE IT BECAME A SOLID SCREENING, A LOT OF THE, IF A LOT OF THE, UH, CHALLENGES WENT AWAY AND SO AND SO THERE WAS A JUMP FROM WHAT THE WOODEN FENCE TO, UH, TO THE STEEL.
AND SO, SO, SO, UM, SO I GUESS ONE QUESTION I'D ASK IS THAT IT'S A PRETTY TALL FENCE.
UM, AND SO, UH, WHAT A SIX FOOT FENCE, UM, BE, BE WORK AS WELL, DO YOU THINK AS THE EIGHT FOOT FENCE? I DON'T THINK SO FOR TWO REASONS.
A SIX FOOT FENCE IS MUCH EASIER TO SCALE THAN THE EIGHT FOOT.
UM, IT'S JUST A LITTLE BIT EASIER TO GET OVER.
BUT ADDITIONALLY, I THINK THE LOGISTICS OF CUTTING DOWN THAT EIGHT FOOT FENCE TO THE SIX FOOT WOULD BECOME ALMOST IMPOSSIBLE TO THE POINT OF THEM JUST NEEDING TO REPLACE THE FENCE ANY ANYWAY, WHICH IS SOMETHING THAT THEY'RE TRULY TRYING TO AVOID.
THEY REALLY DON'T HAVE THE FUNDS FOR THAT, TO BE HONEST.
THEY DIDN'T REALLY WANNA HIRE ME, BUT THEY WANTED THIS TO BE FIXED.
AND SO, UM, THEY WANNA BE IN COMPLIANCE, YOU KNOW, THEY'RE LAW ABIDING PROPERTY OWNERS AND THEY HATED THAT THEY HAD A VIOLATION.
SO, YES, I I WAS JUST GONNA ASK, UH, THE PREVIOUS INCIDENT WITH THE BARBED WIRE, WHAT, HOW TALL WAS IT TO THE TOP OF THE BARBED WIRE? SO THERE WAS NO BARBED WIRE BEFORE? THERE MIGHT'VE BEEN A FEW PORTIONS, BUT IT WAS MOSTLY CHAIN LENGTH AND IT WAS BETWEEN FOUR FOOT AND SIX FOOT BASED ON MY GOOGLE PICTURES.
IT WASN'T CONSISTENT ACROSS THE BOARD.
COMMISSIONER ZUNA, UH, TYPICALLY WHEN WE SEE THESE, UH, THESE METAL FENCINGS, UH, WE SEE KIND OF A CAP ON THE TOP TO PREVENT INJURY OR SOMEBODY KIND OF SCALING THE FENCE, WOULD THAT
[01:10:01]
BE SOMETHING THAT YOUR CLIENT WOULD CONSIDER PUTTING A CAP ACROSS THE TOP OF THE METAL FENCES ACROSS THE PERIMETER DEFENSE? YES.AND THAT'D PROBABLY BE ON THE TOP AND THE BOTTOM AS I UNDERSTAND IT, OR SO ARE YOU AMENDING YOUR APPLICATION TO INCLUDE A CAP ON THE CORRUGATED METAL FENCE? YES, PLEASE.
AND WE WOULD REQUEST THAT AMENDMENT AND I'M NOT SURE IF THEY WOULD BE ABLE TO PUT A CAP UNDERNEATH, UM, BUT TO THE BEST OF THEIR ABILITY, IF THEY CAN, ABSOLUTELY.
I JUST DON'T WANNA COMMIT THEM TO THAT BECAUSE OF SOME OF THE, THE ELEVATION LEVEL OUT WHERE THE FENCE HITS THE GROUND, BUT ON THE TOP, ABSOLUTELY.
ANYONE ELSE? UH, IVANEZ, IVANEZ, UM, ON THE VIEW ON THE CLEAR VIEW, UH, CLEAR VISION, WHICH YOU CONSIDER, COULD THEY AFFORD MAYBE ANGLING THAT A FEW FEET SO THAT THAT CLEAR VISION COULD BE SEEN FROM THAT CORNER MO YOU KNOW, CUTTING IT THERE AND JUST MAKING AN ANGULAR WALL, PUSHING IT BACK SO THAT CLEAR VISION COULD BE SEEN? YES.
AND UM, OUR APPLICATION DOES INCLUDE, SO I KNOW THE 25 FOOT IS THE REQUIREMENT.
IT DOESN'T INCLUDE MOVING IT BACK TO ABOUT 13.2 FEET, I THINK TO ALLOW FOR THAT ANGLED, THAT IS THE PROPOSAL.
AND SO WHAT, WHAT IS IT NOW? NOTHING.
THERE'S NO CLEAR VISION RIGHT ON THE PROPERTY LINE? NO CLEAR VISION.
ANYONE ELSE, UH, HAVE ANY QUESTIONS? STAFF? IS THERE ANY VOICEMAILS OR ANY ANYONE, SENATOR TO SPEAK? THERE'S NO PUBLIC COMMENT.
AND JUST TO CLARIFY, THERE CURRENTLY, UM, IS A 11 FOOT, THREE INCH CLEAR VISION.
SO THERE CURRENTLY IT, BECAUSE IT'S MEASURED TO THE FACE OF CURB, IT'S NOT MEASURED TO THE PROPERTY LINE.
AND SO RIGHT NOW, IF YOU, YOU CURRENTLY HAVE, UM, AN 11 FOOT, UH, CLEAR V UM, I'M SORRY, YOU, YOU HAVE AN 11 FOOT, THREE INCH CLEAR VISION NOW.
AND SO FOR YOU TO, UH, CHAMBER OR CUT THAT CORNER, UH, WE WOULD HAVE TO GO SOMEWHERE BETWEEN, UH, 11 FOOT THREE AND 25 FEET.
SO IS THERE A NUMBER? I MEAN, 'CAUSE OTHERWISE IT'LL, WE CAN JUST EXCLUDE THAT.
SO MY CLIENTS WOULD AGREE TO WHATEVER IS LEAST INTRUSIVE INTO THEIR PROPERTY LINE, BUT IF, IF IT MEANS THAT THE CORRUGATED FENCE IS APPROVED AND ALL THEY NEED TO DO IS MAKE THAT CHANGE, WHATEVER THE COMMITTEE IS WILLING TO ALLOW WOULD BE WHAT THEY WOULD REQUEST.
IS THIS, UH, IF THERE'S NOTHING ELSE, UH, WHAT WE'RE GONNA DO IS LOOK FOR A MOTION AND SEE HOW THIS TURNS OUT.
SO JUST SO FOR WHOEVER MAKES THE MOTION, UH, THE APPLICANT HAS AMENDED, UH, THEIR APPLICATION FOR THE CORRUGATE METAL TO INCLUDE A CAP.
UM, THEY'VE ALSO, UH, TAKEN NO ISSUE WITH CUTTING DOWN THE POST SO THE MAKER COULD READ THE MOTION TO BE TO FOR JUST AN EIGHT FOOT TALL FENCE.
UH, AND, UH, AS FAR AS A CLEAR VISION, UH, SOMEWHERE BETWEEN 13 FOOT NINE INCHES AND, AND ZERO, UH, WHATEVER, LET'S START SOMEWHERE.
SO ANYONE LIKE TO, UH, TAKE A BITE AT THIS ONE? ALRIGHT, I WILL.
I CAN DO IT IF NO ONE ELSE WANTS TO.
STEVENS, IT'S COMMISSIONER STEVENS REGARDING CASE NUMBER BO OA DASH 2 2 5 DASH HUNDRED 3 0 4 9.
I MOVE THAT THE BOARD OF ADJUSTMENT GRAND A REQUEST FOR A THREE FOOT, TWO INCH SPEC SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT TO ALLOW EIGHT FOOT SOLID FENCE IN THE SIDE AND REAR YARD, SITUATED AT 3,400 PIT LOOK AVENUE AND 7 4 3 4 NEW LAREDO HIGHWAY APPLICANT BEING LAW OFFICE OF E-A-R-P-L-L-C.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNITED UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
STAFF FINDS THAT THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND AND PURPOSE OF THE ORDINANCE AS THE EIGHT FOOT SOLID FENCE IN THE SIDE AND REAR YARD WILL PROVIDE SCREENING FOR THEIR COMMERCIAL PROPERTY AND WILL NOT INJURE THE NEIGHBORING PROPERTIES OR IMPEDE RIGHT OF WAY.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC, PUBLIC WELFARE AND CONVENIENCE AS THE ADDITIONAL FENCE HEIGHT PROVIDES ADDITIONAL SECURITY FOR THE SUBJECT PROPERTY AND PROPERTIES IN THE SURROUNDING AREA.
C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE, SPECIAL EXCEPTION LIMITED TO THE SIDE AND REAR YARD APPEARS TO CREATE SEPARATION PRIVACY FOR THE SUBJECT AND THE ADJACENT PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL OFFENSE SITE DOES NOT APPEAR TO ALTER ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
AND E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE REQUEST, THE REQUESTED SPECIAL EXCEPTION, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND WILL PROVIDE SECURITY FOR THE SUBJECT PROPERTY.
[01:15:01]
IS THERE A SECOND? UH, I'LL SECOND IT.UM, IF, IF, UM, I, I DO ASK THAT COMMISSIONER STEVENS, UM, CLARIFY THAT IT'S A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM SIX FOOT FENCE HEIGHT.
I KNOW YOU EXCLUDED ALL THE POSTS.
SO COMMISSIONER STEVENS, WHAT ARE YOUR THOUGHTS? UH, I'M SYMPATHETIC TO, UM, NEEDING TO SECURE THEIR PROPERTY.
SO WITH THE INCLUSION OF THE, THE CAP ON TOP OF THE METAL FENCE, I CAN GET BEHIND THIS, UH, EIGHT FOOT FENCE ALL DAY.
COMMISSIONER, DEAN, UH, FRIENDLY AMENDMENT FOR THE CLEAR VISION.
OH, WE HAVEN'T DONE THAT ONE YET.
YEAH, WE'LL GET ON THAT ONE NEXT.
UH, ALRIGHT, SO MY, MY 2 CENTS ON THIS IS, UH, I DON'T HAVE A, I DON'T TAKE AN ISSUE WITH AN EIGHT FOOT FENCE, UM, UM, AT THIS TIME, ESPECIALLY SINCE, UH, THIS IS A HEAVY COMMERCIAL AND IT'S GOT A LOT OF INDUSTRIAL SURROUNDING IT.
UH, AND WHEN WE TACKLE THE CLEAR VISION ISSUE, I THINK I'LL EVEN BE MORE SUPPORTIVE IT WITH SOME MINOR ADJUSTMENTS.
SO, UM, IF THERE'S ANYONE ELSE THAT'D LIKE TO ADD MANNA COMMISSIONER MANNA.
SO, UM, I, I WILL BE SUPPORTIVE, BUT I, BUT I DON'T AGREE THAT THIS ISN'T GONNA CHANGE THE CHARACTERISTIC OF THAT AREA.
THIS IS SETTING THE CHARACTERISTIC OF THAT AREA TO BE GIANT FENCING.
AND THERE IS ONE OTHER LOT THAT DOES HAVE THAT ALREADY THERE, BUT THIS IS A LOT OF OPEN SPACE.
UM, AND SO THIS WILL BASICALLY DEFINE THIS AREA.
SO, BUT, BUT PER THE DIALOGUE THAT WAS STATED, UM, I'LL BE SUPPORTING IT.
SO WE HAVE A, WE HAVE A MOTION A SECOND FOR AN, UH, A TWO FOOT VARIANCE FOR AN EIGHT FOOT TALL CORRUGATE METAL FENCE WITH A CAP.
LET'S HAVE A ROLL CALL VOTE PLEASE.
COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
UH, I'M LOOKING FOR A MOTION ON THE CLEAR VISION AND THE CORRUGATED MEDAL.
UM, REGARDING CASE NUMBER BO OA DASH 25 DASH 1 0 3 0 49, I MOVE THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR, UH, A VARIANCE FROM THE FENCE OF MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE WITH CAP AS SO AMENDED BY THE APPLICANT.
AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER CLEARANCE CLEAR VISION TO ALLOW A 20 FOOT CORNER CLEAR VISION SITUATED AT 3,400 PIT LUCK AVENUE AND 74 34 NEW LAREDO HIGHWAY, HIGHWAY BEING APPLICANT, BEING OFFICE OF E-A-R-P-L-L-C.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CARE FOR THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCES NOT CONTRARY TO THE PUBLIC INTEREST AS DEFENSE MATERIAL VARIANCE AND CORNER CLEAR VISION PROVIDES PRIVACY SCREENING AND WILL NOT IMPEDE THE SAFETY OF DRIVERS IN THE AREA.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE FENCE MATERIAL ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO DISMANTLE AND REMOVE THE FENCE ON THE PROPERTY AND LOSE THE ADDITIONAL SECURITY AND PRIVACY AFFORDED BY THE FENCE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCES.
THE REQUESTED FENCE MATERIAL WILL PROVIDE ADDITIONAL SAFETY AND SECURITY FOR THE PROPERTY AND THE CORNER.
CLEAR VISION PROVIDES A SAFE DISTANCE FOR DRIVERS AND RIGHT OF FOUR.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE USES WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS A FENCING MATERIAL IS NOT OUT OF CHARACTER, UH, FOR COMMERCIAL USAGE IN THE SURROUNDING PROPERTIES.
AND CORNER, CLEAR, CLEAR VISION WILL NOT IMPEDE THE VIEWS FOR DRIVERS AND PEDESTRIANS UTILIZING THE RIGHT OF WAY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY WHO ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS SUPPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND NOT MERELY FINANCIAL, SUCH AS THE SHAPE OF THE LOT AND THE NEARBY RESIDENTIAL USES AND OF MOTION.
SECOND, SECOND, SECOND BY COMMISSIONER DEAN.
[01:20:01]
A FIVE FOOT VARIANCE.UM, MOSTLY BECAUSE, UH, YOU KNOW, YOU WANT THE EYE LEVEL OF A, OF A CAR PARKED AT A STOP SIGN TO BE WHATEVER, UH, 14 FEET BACK.
UH, AND SO THAT, I FELT LIKE THAT WOULD GIVE ADEQUATE CLEAR VISION TO SERVE THE PURPOSE, BUT I'M CERTAINLY OPEN TO ANY ADJUSTMENT.
UM, BUT AS OTHER THAN THAT, I'M IN SUPPORT COMMISSIONER DEAN, I CONCUR WITH THE MOTION AS READ.
UH, MANANA, COMM, COMMISSIONER, MANNA.
SO PER MY EARLIER POINT WITH REGARDS TO, UM, HOW WE'RE CHANGED IN DYNAMICS OF THIS COMMUNITY, YOU KNOW, I THINK HAVING THE HIGH FENCES IS ONE THING, BUT, YOU KNOW, BASICALLY STARTING TO CUT INTO SAFETY AND, YOU KNOW, WITH REGARDS TO HIGH FENCES, YOU KNOW, I, I START TO STRUGGLE AT THAT POINT.
AND SO I LIKELY I WOULD SUPPORT THE FIRST PART WITH REGARDS TO THE, UH, MATERIAL, BUT I DON'T KNOW THAT I CAN GET BEHIND THE, UM, UM, CLEAR VISION.
COMMISSIONER ZOOM, RIGHT, SO I'M GONNA BE SUPPORTING THE MOTION AS RAY, THE APPLICANT AMENDED, UH, THEIR APPLICATION TO INCLUDE THE CAPS ON THE TOP OF THE, OF THE, UH, CORRUGATED METAL FENCING.
AND THEN OBVIOUSLY THEY PROVIDED TESTIMONY ABOUT THE DECLINE IN CRIMINAL ACTIVITY AFTER THE CORRUGATED METAL WAS PUT UP.
SO THAT BENEFITS THE OWNER AS WELL.
OKAY, COMMISSIONER BRAGMAN, UH, AND I CAN JUST ADD THERE WERE AWFUL LOT OF, UH, NEIGHBORS THAT WERE IN SUPPORT OF, OF, UM, THE FENCE.
UM, SO THAT MAKES ME SUPPORTED AS WELL.
ALRIGHT, SO, UM, IF THERE'S ANYONE ELSE OPPOSED TO THE CLEAR VISION, I'M, I CAN CERTAINLY BREAK IT OUT INTO TWO.
UH, OR IF THERE'S NO ONE ELSE I WOULD LIKE TO, TO ADD, WE CAN MOVE FORWARD AS READ.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
UH, SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF ABOUT ANY ADJUSTMENTS THAT WERE MADE.
THANK YOU FOR TAKING ME OUTTA ORDER.
ALRIGHT, WE ARE BACK ON ITEM NUMBER THREE.
MY NAME IS JOSEPH LAOS, SENIOR SHORT-TERM RENTAL PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER TWO IS, UH, LOCATED AT 7 0 9 EAST LOCUST STREET.
IT'S THE BO OA DASH TWO FIVE DASH 1 0 3 0 0 0 4 3.
UM, AGAIN, IT'S AT 7 0 9 EAST LOCUST STREET IN COUNCIL DISTRICT, DISTRICT ONE, UH, APPLICANT IS THE LEAD PRESENTE AND THE REQUEST IS TO ALLOW A, UM, ONE ADDITIONAL TYPE TWO SHORT TERM RENTAL ON THE BLOCK FACE.
AND THE CURRENT ZONING IS IDZ.
UH, AGAIN, THE SUBJECT PROPERTY IS LOCATED AT 7 0 9 EAST LOCUST.
SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY, UH, A BAR AND SOME MULTIFAMILY.
THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO ON THE BLOCK FACE ON APRIL 16TH, 2019.
THIS TYPE TWO SHORT-TERM RENTAL PERMIT WAS APPROVED BY STAFF AND ON AUGUST 3RD, 2022 WAS RENEWED BY STAFF.
BOTH THE INITIAL APPROVAL AND THE SUBSEQUENT RENEWAL WERE APPROVED IN ERROR AS NEITHER WERE FORWARDED FOR CONSIDERATION BEFORE THE BO OA FOR A SPECIAL EXCEPTION PER SECTION 35 DASH 37 4 0.0, ONE OF THE CODE TYPE TWO ST SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLE LEX OR QUADPLEX STUDENTS ON THE BLOCK PHASE, UM, PER SECTION 35 DASH 3 99 0.03, GRANTING OF THE PERMIT OF A SHORT TERM RENTAL IS TO BE, UH, FOR A DEFINITE PERIOD, UH, NOT TO EXCEED THREE YEARS.
THIS IS THE TYPE TWO DENSITY COUNT.
THERE ARE TWO UNITS ON THIS BLOCK FACE.
UH, THERE'S 7 0 9 AND SEVEN 11 EACH LOCUS, UH, ONE ACTIVE TYPE TWO IS CURRENTLY ON THIS BLOCK FACE.
UM, CURRENTLY THIS BLOCK FACE IS AT 50% AND IF THIS SPECIAL EXCEPTION IS APPROVED, THAT BLOCK FACE WOULD BE AT 100% OF THE CURRENT UNITS.
[01:25:01]
THERE ARE NO CODE ENFORCEMENT, UM, CASES, UH, FOUND FOR THE SUBJECT PROPERTY.AND THIS IS AN ACTIVE LISTING.
THIS IS THE FLOOR PLAN, AND THEN THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREAS FOLLOWING STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDED AN APPROVAL IN BO OA DASH 25 DASH OH 3 0 4 3 BASED ON THE FOLLOWING.
UH, ONE STAFF FINDS THE APPROVAL OF AN INCREASE IN THE TYPE TWO SHORT TERM RENTAL PERMIT DENSITY WOULD NOT BE DETRIMENTAL AS THE REQUEST MEETS THE SIX CONDITIONS FOR APPROVAL.
UH, THIS IS THE NOTIFICATION PLAN.
STAFF MEMO 27 NOTICES WE RECEIVED ZERO IN FAVOR ZONE OPPOSITION, UH, NO RESPONSE FROM TOBIN HILL AND THE FIVE CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
UH, JUST REAL QUICK, IS THERE ANY OUTSTANDING HOT TAXES OR ANY ISSUES WITH HOT TAX FILINGS ON THIS? NO, THE APPLICANT IS, UH, CURRENT ON HIS HOT TAX FILINGS.
ALRIGHT, LISTEN ANNA, COMMISSIONER MANNA.
SO, UM, SO I'M TRYING TO UNDERSTAND, UH, THE NUMBER OF, UM, UNITS ON THIS BLOCK FACE AND SO, SO, UM, ARE THERE NOT UNITS FURTHER? UM, YES.
SO THERE ARE UNITS ACROSS THE STREET, HOWEVER THAT IS CONSIDERED A DIFFERENT BLOCK FACE.
UM, IN THIS SCENARIO, THE BLOCK FACE WOULD ONLY BE 7 0 9 AND SEVEN 11.
OKAY, ANY OTHER QUESTIONS FOR STAFF? ALL RIGHT, AND I DO HAVE ONE MORE QUESTION.
SO WHEN DID SEVEN 11 GET THEIR APPROVAL PRIOR TO 2019 OR SOMEWHERE BETWEEN 2019 AND 2025? IT WOULD HAVE TO BE BEFORE THIS ONE, RIGHT? UH, YES.
SO SEVEN 11, UM, THEY, THEY WERE APPROVED PRIOR, UH, ON FEBRUARY 25TH, 2019.
UM, AND IT HAS BEEN RENEWED TWICE AND DOESN'T EXPIRE UNTIL 2028.
BUT IT WAS APPROVED BEFORE 7 0 9 THE SUBJECT PROPERTY TODAY.
ALRIGHT, SO MANNA AGAIN, MR. MANNING.
SO, SO, UM, SO 7 39 AND 7 43 EAST LOTUS.
SO ARE THOSE APARTMENTS OR SOMETHING? AND, AND THEY DON'T COUNT IN IN NUMBERS OR DO, SO HOW, WHAT IS THEIR ROLE? I GUESS IN THE, IN THE, IN THE ACCOUNT IS SAID 7 39 OR WHICH ONE? YEAH, 7 39.
SO, SO GOING DOWN THE STREET EAST FROM THIS PROPERTY.
UM, AND SO IT'S ON THE RIGHT HAND SIDE, SO THAT RIGHT CORNER THERE, UH, NO, SO THAT WOULDN'T BE A PART OF THIS BLOCK FACE.
UM, IT 7 9 7 11 ARE, UM, GOING TO BE ALONG THE DRIVEWAY THAT, UM, DIVIDES THE REST OF THE PROPERTIES ALONG NORTH ST.
SO IT HASN'T, SO IT HAS THE ADDRESS OF LOCUST STREET AND THESE OTHERS ON LOCUST STREET DON'T COUNT THEN, IS WHAT YOU'RE TELLING ME? CORRECT.
ARE YOU, TO CLARIFY, ARE YOU TALKING ABOUT SEVEN 19 EAST LOCUST OR THE CORNER? UM, LET'S SEE HERE, BUT I'M ON GOOGLE UP.
I KNOW WHAT COMMISSIONER MATT IS SAYING IS, IS THAT THE, THE, UH, INGRESS RES EASEMENT THAT WHERE YOU WOULD GET TO 7 0 9 IS, IS, IS ITS OWN BREAK? THAT'S WHAT, THAT'S WHAT'S HAPPENING, CORRECT? CORRECT.
AND ALSO THE HOUSE IS ON THE OTHER SIDE OF 7 0 9 AND SEVEN 11 EAST LOCUST ARE ADDRESS OFF NORTH ST.
SO THAT'S ALSO WHY IT'S ITS OWN BLOCK FACE.
SO THERE'S A, I GUESS THERE'S AN IDZ THERE.
MAYBE THAT'S WHY IT'S NOT COUNTING.
UM, THAT IS ALSO ADDRESSED OFF OF EAST LOCUST.
YEAH, STAFF, STAFF IS SAYING THAT, I KNOW IN THE PAST WE'VE USED DRESSING, BUT I I THINK THAT THERE'S, THIS HAS ALWAYS COME UP BEFORE AND IT'S ALWAYS BEEN QUESTIONABLE WHETHER AN ALLEY IS A BREAK AND INGERS GER SAYS IS A BREAK.
YOU KNOW, WHAT, WHAT CONSTITUTES BEING A, A BREAK IN THE, IN THE, IN THE NUMBER COUNT.
I JUST, I WAS JUST TRYING TO MAKE SURE THAT WE'RE COUNTING EVERYTHING ON THAT BLOCK, SO, OKAY.
SO, UH, I RECALL THE CITY IS RECOMMENDING APPROVAL.
UM, DID THEY, DO THEY HAVE ANY, UM, CAN THEY JUSTIFY THAT REASON A LITTLE BIT MORE? YEAH, SO, UM, THE STAFF IS RECOMMENDING APPROVAL BECAUSE, UM, IT MEETS THE FOLLOWING SIX CONDITIONS, UM, TO GRANT A SPECIAL EXCEPTION THAT'S, UM, OUTLINED WITHIN THE STAFF REPORT.
LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SHORT TERM RENTAL.
[01:30:01]
MY NAME IS LEE ENTI.I'M HERE WITH MY FATHER DON ENTI.
AND TOGETHER, UH, WE PURCHASED THIS PROPERTY BACK IN 2018 FOR THE PURPOSE OF OPERATING IT AS AN STR.
UH, WE'VE ALWAYS KEPT UP WITH OUR PERMITS.
WE PAY OUR OCCUPANCY TAXES ON TIME.
WE HAVE A GREAT RELATIONSHIP WITH OUR IMMEDIATE HOA AND OUR NEIGHBORS AND, UM, DON'T HAVE ANY VIOLATIONS OR CITATIONS ON OUR RECORDS.
SO THAT'S WHY WE'RE, WE APPRECIATE THE, UH, STAFF'S RECOMMENDATION TO MAINTAIN OUR PERMIT AND HOPEFULLY GET THE SAME RECOMMENDATION FROM YOU GUYS.
ANY QUESTIONS FOR THE APPLICANT? ALL RIGHT.
HEARING NONE, UH, IS THERE ANY VOICEMAILS ANYONE SIGNED TO DISPUTE? NOPE.
ALL RIGHT, WELL THANK YOU VERY MUCH.
WE'LL LOOK FOR A MOTION AND SEE HOW THIS TURNS OUT.
WHO WOULD LIKE TO MAKE A MOTION? I'LL A COMMISSIONER Z.
ALRIGHT, REGARDING CASE NUMBER BOA DASH 25 DASH 3 0 4 3, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO SHORTTERM RENTAL UNIT SITUATED AT 7 0 9 EAST LOCUST STREET, APPLICANT BEING LEAD PERSON AT BECAUSE THE TESTIMONY PRESENTED TO US OF THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CARE OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT THAT AID THE SPECIAL EXCEPTION, WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
UM, AND THAT, AND THAT THIS IS THE SECOND RENEWAL AND STAFF HAS BEEN UNABLE TO IDENTIFY ANY CODE ENFORCEMENT HISTORY TO THE LOCATION AND THE PAST SIX YEARS.
STAFF FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL BEYOND THE A HUNDRED, THE 12.5% DENSITY CAP IS NOT LIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH AND OR SAFETY IF APPROVED.
ADDITIONALLY, THE STRUCTURE IN WHICH THE S ST R IS LOCATED WITHIN DOES NOT POSE A HAZARD TO LIFE, PUBLIC HEALTH OR SAFETY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THE APPLICANT HAS DEMONSTRATED OVER THE PAST, UH, SIX YEARS THAT THE OPERATION OF THIS SDR DOES NOT CAUSE A PUBLIC NUISANCE.
STEPH FINDS THAT THE TREND IS MORE, IS MORE THAN LIKELY TO CONTINUE WITH ZERO COMPLAINTS REGISTERED TO AGAINST THE PROPERTY AND OPERATOR.
SEE, SEE, THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY, UH, BE INJURED BY SUCH PROPOSED USE.
THE DENSITY CAPS WERE ESTABLISHED TO ENSURE THE NEIGHBORS ARE NOT INUNDATED BY PRESENCE OF TYPE TWO STRS, ALLOWING THE ADDITIONAL STR ON THIS BLOCK FACE WILL NOT SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AND HAS BEEN OPERATING SINCE 2019 AND NOT IMPACTED THE SURROUNDING AREA.
THE ADEQUATE UTILITIES ACCESS ROAD STORM DRAINAGE, RECREATION, OPEN SPACE AND UNNECESSARY UH, FACILITIES HAVE BEEN, ARE BEING PROVIDED.
THE SUBJECT PROVIDE THE SUBJECT PROPERTY PROVIDES A MINIMUM, UH, ONE OFF STREET PARKING SPACE AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS IN OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS ARE ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THIS APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY CONFIRMED CITATIONS.
ADJUDICATED OFFENSES ARE CONVICTIONS FOR THIS PROPERTY OR THE OTHER PROP OR OTHER PROPERTIES.
THE APPLICANT DOES NOT HAVE PREVIOUSLY REVOKED LICENSES FOR ANY, ANY OTHER PROPERTY AND F THE SPECIAL EXCEPTION WILL NOT ALTER THE CHARACTER OF THE DISTRICT IN WHICH THE LOCATION, WHICH THE PROPERTY, WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE REQUESTED SPECIAL EXEMPTION IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LO IS ZONED IDC, WHICH ALLOWS FOR THE LAND USE OF STR IN GENERAL RESIDENTIAL LAND USE.
THE DENSITY LIMITS ESTABLISHED BY CITY COUNCIL EXIST TO ENSURE THE NEIGHBOR NEIGHBORHOOD REMAINS PRIMARILY RESIDENTIAL STEP FINDS THAT EXCEED THE 12.5, UH, BLOCK FACE DENSITY IS NOT LIKELY ALTER TO THE ESSENTIAL CHARACTER OF THIS DISTRICT.
SO I'M GONNA BE SUPPORTING THE MOTION.
OBVIOUSLY HE'S BEEN OPERATING THE PROPERTY AS A SHORT TERM RENTAL AND GOOD.
UM, YOU, YOU KNOW, BEING A RESPONSIBLE OPERATOR FOR THE PAST, WHAT, NINE YEARS? UM, UH, PAST SIX YEARS, I'M SORRY.
UH, THE, THE SHORT BLOCK PHASE IS KIND OF, UH, UH, YOU KNOW, ONLY WITH THE TWO SHORT TERM RENTALS HERE IS A LITTLE BIT MISLEADING IN THE 12%, 12 POINT A HALF PERCENT EXCEEDING DENSITY WHEN IT ONLY IS TWO PROPERTIES.
AND THE OTHER PROPERTY IS ALSO A SHORT-TERM RENTAL.
UH, NO, NO REPORTS OF ANY, UM, UH, CODE VIOLATIONS OR ANY OTHER VIOLATIONS WITHIN SHORT-TERM RENTAL.
AND THEN, UH, CURRENT ON ALL HOTEL OCCUPANCY TAX PROVIDES AN OPPORTUNITY FOR THE CITY TO COLLECT, CONTINUE TAXES FROM THIS PROPERTY FOR A GOOD OPERATOR.
ALRIGHT, COMMISSIONER CRUZ? UM, YES, I CONCUR.
MR. UH, AND ALSO TOO IS SINCE THE NONE OF THE NEIGHBORHOOD ASSOCIATIONS, UH, ARE AGAINST IT, I DON'T SEE A PROBLEM WITH IT.
ANYONE ELSE LIKE TO ADD MANNA, MR. MANNA? SO, SO I WAS A LITTLE BIT STUCK ON, SO THERE'S A WHOLE ROW OF BUILDINGS THERE THAT ARE ON EAST LOCUST.
UM, THERE'S 14 UNITS THERE, BUT IT APPEARS THAT EVEN THOUGH THEY FRONT AND ARE PARKING THERE ON LOCUST STREET, UH, IT APPEARS THAT THEY ARE ADDRESSED OFF OF GRAYSON ON THE OTHER SIDE.
UM, BUT, BUT IT DOES NOT APPEAR THAT ANY OF THOSE ARE SHORT-TERM RENTALS.
UM, SO, SO WE'LL SAY MIS MISRE.
UH, SO, SO BECAUSE OF THAT, UH, BE SUPPORTING, IF ANY OF THOSE WERE, THEN I PROBABLY WOULD'VE HAD A PROBLEM.
BUT ANYWAYS, I'LL BE SUPPORTING THIS.
COMMISSIONER IVANEZ, I WILL NOT BE SUPPORTING THIS.
UM, IT REALLY IS DISTURBING THAT THE CITY DOESN'T PAY
[01:35:01]
ATTENTION TO, UH, GETTING THIS RIGHT, YOU KNOW, MAKING SURE THAT THESE KIND OF THINGS AREN'T HAPPENING AND I FEEL, I FEEL BADLY FOR THE OWNERS.UM, BUT AT A HUNDRED PERCENT, EVEN IF IT'S JUST TWO, UM, I WILL NOT BE SUPPORTING THAT.
IS THERE ANYONE ELSE THAT WOULD LIKE TO ADD? YEAH, MR. BARRINGTON, I WILL SUPPORT THIS.
UM, IF I HAD BEEN ON THIS BOARD SIX YEARS AGO AND IT HAD COME BEFORE US, I MIGHT OR MIGHT NOT HAVE SUPPORTED IT, BUT THE FACT IS, UM, THE A HUNDRED PERCENT OCCUPANCY IS, IS AN ARTIFACT OF THE PECULIARITY OF THE STREET LAYOUT IN THE AREA.
UM, THE PERMIT WAS GRANTED BY MISTAKE, BUT THAT MISTAKE WAS NOT THE APPLICANT'S FAULT.
UH, THEY'VE OPERATED IT FOR SIX YEARS IN GOOD FAITH IN RELIANCE ON THAT PERMIT, UH, WITH NO COMPLAINTS.
AND SO I THINK TO PUT 'EM OUTTA BUSINESS AT THIS POINT, WHICH IS WHAT WE WOULD BE DOING, IT'S JUST, UH, JUST UNFAIR, JUST A MATTER OF FUNDAMENTAL FAIRNESS.
AND FOR THOSE REASONS, I WILL SUPPORT THIS.
UH, I'M GOING TO, UH, CHIME IN.
UH, I'LL, I'LL ADD AN ADDITIONAL REASON OR TWO JUST BECAUSE IT IS SURROUNDED BY A LOT OF COMMERCIAL, UH, RESIDENTS AND COMMERCIAL.
THE FACT THAT THIS, UH, SMALL PROPERTY OWNERS ASSOCIATION ONLY HAS SIX MEMBERS AND WE HAVEN'T HEARD A PEEP OUT OF ANYONE ELSE, UH, WHICH I THINK IS UNLIKELY.
UH, IF THERE WAS, IF THERE WAS ANY REAL OPPOSITION, UH, FROM THE NEIGHBORS, ESPECIALLY SINCE THEY, THEY'VE BEEN DOING THIS FOR SIX YEARS.
UH, AND AND SECONDLY, SHORT TERM RENTALS, BECAUSE THIS IS ONE OF THE FEW THINGS THAT WE GET TO APPROVE THAT ACTUALLY HAVE A SHELF LIFE.
THEY'LL HAVE TO COME BACK HERE EVERY THREE YEARS.
IF THEY EVER BECOME A BAD ACTOR, THEY WILL PROBABLY NOT GET, UH, ANY SUPPORT FROM THE BOARD.
AND SO BECAUSE OF, BECAUSE OF THERE'S NOT PERMANENCE OF THIS, I'M, I'M, I'M MORE LIKELY TO, TO BE IN SUPPORT.
SO WITH THAT, LET'S HAVE A ROLL CALL.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER YBANEZ? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UM, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
ITEM NUMBER THREE IS BO EIGHT DASH 24 DASH 1 0 3 0 0 4 5.
THE ADDRESS IS 6 2 3 DAKOTA STREET IN COUNCIL DISTRICT TWO, APPLICANT BEING UR GUZMAN.
AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK PHASE.
AND THE CURRENT ZONING IS RM FOUR FOR RESIDENTIAL MIXED USE.
UH, AGAIN, THIS SUBJECT PROPERTY IS LOCATED AT 6 2 3 DAKOTA STREET.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO ON THE BLOCK PHASE PER SECTION 35 DASH 3 7 4 OH.
ONE OF THE CODE TYPE TWO SHORT TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK PHASE.
AND THIS IS THE TYPE TWO DENSITY COUNT.
UM, IT EXTENDS FROM 6 0 3 ALL THE WAY TO 6 2 3 DAKOTA STREET, UH, WHICH MAKES EIGHT UNITS ON THIS BLOCK FACE.
THERE IS ONE ACTIVE TYPE TWO CURRENTLY AT 6 0 9 DAKOTA STREET.
UM, IF THIS ADDITIONAL TYPE TWO SHORT-TERM RENTAL IS APPROVED, THE BLOCK FACE WILL BE AT 25%, WHICH EXCEEDS THAT 12.5% FOR TYPE TWO SHORT-TERM RENTALS.
UM, ON JANUARY 8TH, 2025, THERE WAS A CODE INVESTIGATION OPEN FOR OPERATING WITHOUT A SHORT-TERM RENTAL PERMIT.
A NOTICE OF VIOLATION WAS ISSUED.
UH, THE CURRENT STATUS, IT'S PENDING RESOLUTION, UM, AS THE OWNER SUBMITTED AN STR APPLICATION AND THEIR CASE IS BEING HEARD BY THE BO OA TODAY.
UH, AND THERE IS AN ACTIVE LISTING AND THIS IS THE SITE PLAN AND THEN THE SUBJECT PROPERTY AND THEN THE, UH, SURROUNDING AREAS.
[01:40:01]
STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTIONS STAFF RECOMMENDS A DENIAL.AND THIS IS THE NOTIFICATION PLAN.
UH, WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION.
UH, WE HAD NO RESPONSE FROM DENVER HEIGHTS NEIGHBOR ASSOCIATION AND THEN THE, UH, OTHER CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
IS THERE ANY WAY YOU CAN TELL HOW LONG THEY'VE BEEN ADVERTISING THIS AS A SHORT TERM RENTAL? UM, I CAN CHECK THAT FOR YOU.
SO THE APPLICANT COME FORWARD.
HELLO, UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SHORT TERM RENTAL.
AND MY SHORT TERM RENTAL IS MY SECOND HOME.
RIGHT? UH, SO I UNDERSTAND I'VE DONE A COUPLE OF THINGS WRONG, BUT I'M NOT AN INVESTOR.
I LIVED, UH, I MOVED TO SAN ANTONIO IN 2010 AND I MOVED TO DENVER HEIGHTS IN 2016.
SO SINCE THEN I HAVE FIESTA, I HAVE WALKED, I HAVE SCOOTED THE NEIGHBORHOOD.
UM, I'VE TAKEN A LOT OF ACTIVITY AND MAKING SURE THE NEIGHBORHOOD IS SAFE.
WE'VE GONE THROUGH LOTS OF DRUG HOUSES, UH, A LOT OF PROSTITUTION, A LOT OF DOMESTIC VIOLENCE THAT ME AND THE NEIGHBORS HAVE PUT TOGETHER.
UM, THERE ARE A COUPLE OF THINGS THAT I DID DO WRONG, RIGHT? I, I CREATED THIS PRESENTATION FOR THE DENVER, UH, HEIGHTS NEIGHBORHOOD ASSOCIATION.
THEY UNFORTUNATELY CANCELED THEIR MEETING, SO WE'RE NOT MEETING UNTIL TODAY, RIGHT? SO, UH, THIS JUST A COUPLE OF TALKING POINTS IF I CAN RUN THROUGH IT.
HOPEFULLY IT TAKES NO MORE THAN A COUPLE OF MINUTES, BUT I JUST WANNA MAKE SURE I GET MY POINTS ACROSS JUST SO THAT YOU ALL UNDERSTAND THAT YES, I WAS OPERATING, UM, OVER A YEAR WITHOUT IT COMPLETELY NAIVE TO THE PROCESS, RIGHT? SO I'M HERE TO ASK FOR AN APOLOGY AND THEN ALSO CONTINUE THE SHORT TERM RENTAL PROPERTY.
SO MY HOUSE IS CALLED THE CITY COTTAGE.
IT'S IN DENVER HEIGHTS, IT'S WAS BUILT IN 2016.
IT MAINTAINS THE CHARACTER OF THE NEIGHBORHOOD.
UM, CAN YOU SCROLL DOWN A LITTLE BIT, PLEASE? AND SO WHAT I'M GONNA, HOPEFULLY WHAT I PRESENT TO YOU, WHAT YOU'LL TAKE AWAY FROM HERE IS THE TENDER LOVE AND CARE THAT I'VE PUT INTO THE HOUSE THROUGHOUT THE YEARS, WHAT I BELIEVE IS THE COMMUNITY IMPACT.
UM, ANSWERING THE QUESTION OF WHY LONG-TERM RENT RENTING AGAINST THE SHORT-TERM RENTAL AND SHOULD I CONTINUE WITH A PERMIT FROM YOU ALL, WHAT MY FUTURE PLANS ARE WITH THAT HOUSE? SO A LITTLE BIT ABOUT ME HERE IS A COUPLE OF POINTS.
UM, SO AGAIN, RIGHT, MOVED HERE IN 2010.
UM, I'M A 15 YEAR SEASONED IT PROFESSIONAL.
I PRETTY MUCH LIVE IN A BUBBLE.
I MOVED HERE TO WORK AT RACKSPACE AND SINCE THEN I WORK FOR A GLOBAL CORPORATE COMPANY.
SO I WORK FROM HOME, SO IT'S ME AND A COMPUTER AND MY FAMILY LIFE.
I, UM, FUTURE MASTER GARDENER, RIGHT? WHICH I IMPLEMENT INTO THE SHORT TERM RENTAL.
WE DO A LOT OF VEGETABLE GARDENING.
WE, UH, ADD FRUIT TREES, HOPEFULLY GONNA TRANSITION INTO FLOWERS BECAUSE MY VISION WAS THAT THE GUESTS WOULD EAT MY VEGETABLES, MAKE SALSA.
SO WE'RE GONNA GO INTO FLOWERS.
SHE HELPS ME RUN THE SHORT TERM RENTAL, RIGHT? SO IT'S ALSO AN EXPERIENCE FOR HER.
AND, YOU KNOW, WE PROMOTE A LOT OF WELLNESS, BOTH WELLNESS JUNKING, SO ANYTHING, MEDITATION, UM, YOU KNOW, POSITIVE AFFIRMATION, THOSE KINDS OF THINGS.
UM, I UNDERSTAND THAT I'M PAINTING MYSELF IN A VERY POSITIVE LIGHT HERE.
SO IF YOU ALL HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME OUTSIDE OF THIS MEETING, HOWEVER YOU FEEL SAFE FIT.
AND HERE I'VE ADDED A COUPLE, A COUPLE OF THINGS THAT, UM, THAT WE DO TO MAINTAIN THE, THE CARE OF THE PROPERTY.
SO NUMBER ONE, MY NEIGHBORS ARE THE PRIORITY.
ONE OF THE REASONS WHY I MOVED THERE WAS BECAUSE, UH, THE NEIGHBORS AND I, UM, HAVE REALLY DONE A LOT OF WORK TO MAINTAIN A COMMUNITY, UM, TO MY RIGHT SIDE OF THE NEIGHBORS.
WE HAVE OMAR AND KIM, WHO ARE A LAWYER AND A DOCTOR ON THE LEFT SIDE OF MY HOUSE, ON THE LEFT SIDE OF MY HOUSE IS THE CORNER UNIT.
AND SO AGAIN, WE'VE DONE A LOT OF CLEANUP BEFORE I DECIDED TO MOVE OUTTA THE NEIGHBORHOOD, JUST BECAUSE DENVER HEIGHTS IS, THERE'S A LOT OF ACTIVITY, THERE'S NOT A LOT OF PEACE, A LOT OF PARTY, UM, YOU KNOW, ALL THE RACES GO THROUGH THEIR PARADES, WHATEVER IT IS.
SO I MOVED SOMEWHERE A LITTLE BIT MORE QUIET.
UM, BUT I DID SPEAK TO THE NEIGHBORS BEFORE I WAS, I MADE THE DECISION TO DO A SHORT-TERM RENTAL.
UM, THE HOUSE IS VERY WELL KEPT AND MANAGED.
UM, THE PEOPLE THAT I HAVE CLEANING FOR ME ALSO DO A LOT OF MAINTENANCE WORK, SO WE DON'T GO WITHOUT HAVING ANY DAMAGE TO THE HOUSE.
UM, RIGHT NOW WE ARE LISTED AS A SUPER HOST WITH A 4.93 RATING.
IT'S LISTED AS A GUEST FAVORITE ON AIRBNB.
SO WHAT WE PROMOTE IS AN EXPERIENCE VERSUS A TYPICAL STAY.
UM, I DON'T, I BELIEVE IN THE IDEOLOGY, RIGHT? THAT IF THE GUESTS HAVE A GOOD EXPERIENCE, THEN THEY HAVE, UM, A GOOD RELATIONSHIP WITH THE HOUSE AND ARE TAKING CARE OF THE HOUSE.
UM, AND THAT IS DIFFERENT THAN SOMEWHERE JUST ASLEEP WHILE YOU HANG OUT IN SAN ANTONIO.
SO WE DO PROMOTE A COZY WELLNESS EXPERIENCE.
UM, WE PROVIDE ROBES, PROVIDE SLIPPERS, UM, COFFEE, UM, ANYTHING THAT YOU COULD THINK OF.
THERE'S, UM, DO A LOT OF LOVE AND CARE FOR THE AMENITIES IN TERMS OF THE SHEETS,
[01:45:01]
MAKING SURE THINGS ARE VERY CLEAN, HYPOALLERGENIC, UM, AGAIN, PROMOTES A COZY WELLNESS EXPERIENCE.SO THE IDEA IS THAT IF YOU COME TO SAN ANTONIO AND HANG OUT, YOU HAVE A SAFE PLACE TO RETREAT.
AND THEN WE'RE ALSO VERY BIG ON, ON MANAGING AND ALLOWING PETS TO COME IN, RIGHT? SO I AM A DOG OWNER.
SO THE IDEA IS THAT IF YOU'RE TRAVELING, YOU BRING YOUR PETS, YOU WANT YOUR PETS TO BE IN A GOOD PLACE TOO.
I PROVIDED A COUPLE OF REVIEWS HERE, RIGHT? TWO RECENT ONES BASED OFF OF LAST WEEK WHEN I WAS GOING TO MEET WITH THE NEIGHBORHOOD ASSOCIATION.
SO WE HAVE, UH, ONE WHERE PEOPLE ARE JUST COMPLIMENTING THE SPACIOUSNESS AND THE CLEANLINESS OF THE HOUSE.
YOU'LL SEE ADAM, WHOSE SON, UH, ATTENDS TRINITY UNIVERSITY.
HE'S A RETURNING GUEST AND THERE IS A PICTURE OF, UM, A, HE WORKS IN DRIPPING SPRINGS AS A, AS A WINE MAKER.
HE BROUGHT ME A BOTTLE OF WINE.
THAT WAS THEIR, UH, THEIR GIFT TO ME, THEIR FAMILY, UH, FOR CHRIS.
AND THEN THAT LAST ONE IS ARIANA, WHO UH, STAYED WITH HER DOG AND, AND JUST LOVED IT, RIGHT? SO IF YOU WANNA TAKE YOUR TIME AND READ THOSE COMMENTS.
SO WE WERE, WE WORK REALLY HARD TO BE PART OF THE COMMUNITY.
UM, IT GOES WITHOUT SAYING THAT AS I'M A HOST FOR THE SHORT TERM RENTAL HERE, UM, I REPRESENT MYSELF AS A PROFESSIONAL.
I REPRESENT THE CITY AND I REPRESENT THE NEIGHBORHOOD, RIGHT? SO THAT'S THE IDEA THERE.
UH, SO THIS IS WHAT I BELIEVE IS A COMMUNITY IMPACT, ALWAYS PROMOTING LOCAL BUSINESSES.
UM, THAT HOUSE IS ABOUT 30 TO 45 SECONDS AWAY FROM A ICE BAR CALLED THE DAKOTA ICE HOUSE.
AND SO, UM, THAT'S USUALLY WHERE, WHERE WE GO, UM, WE PROMOTE THE RICH CULTURE IN THE UNIQUE AREA, RIGHT? IN A VERY POSITIVE WAY.
UM, AGAIN, WE'RE THERE TO ENHANCE SAFETY, MAKE SURE THAT RESIDENTS FEEL GOOD, THAT PEOPLE ARE HAVING A GOOD EXPERIENCE WHEN THEY COME TO SAN ANTONIO.
AND THEN SHOULD I CONTINUE? OH, COMMUNITY IMPACT.
SO COMMUNITY IMPACT, UM, THAT, THAT'S WHERE, OKAY, YOU CAN GO TO THE NEXT ONE.
SO AGAIN, LONG-TERM RENTING VERSUS SHORT-TERM RENTING IS A COMBINATION OF ALL THESE THREE THINGS AND I'M SURE YOU'VE HEARD IT OVER AND OVER AGAIN, RIGHT? IT USUALLY COMES DOWN TO FINANCES.
THE TRUTH OF THE MATTER IS THAT I DO UNDERSTAND THAT DENVER HEIGHTS HAS A LOT OF SHORT-TERM RENTALS AND I'M NOT TRYING TO BE JUST ANOTHER RENTAL ON THE BLOCK, RIGHT? BUT WHEN IT COMES TO MAINTAINING THE BEAUTY AND THE INTEGRITY OF THE HOUSE, A MONTHLY PRICE POINT AND HAVING SELECTIVE TENANTS, I'M NOT QUITE AT THE PLACE WHERE I WANT TO RENT THE HOUSE LONG TERM, NOT YET.
UH, SO LET'S SEE IF THERE ANY QUESTIONS.
UM, SO YOU SAID THAT YOU NO LONGER LIVE IN THIS HOUSE YOU DID PREVIOUSLY.
HOW FAR AWAY DO YOU LIVE FROM THIS HOUSE NOW? ABOUT TWO AND A HALF MILES.
I LIVE ABOUT A MILE SOUTH FROM HERE.
AND SO THAT GIVES ME A BETTER FEELING 'CAUSE I KNOW THEN THAT YOU WOULD BE MORE INCLINED TO PAY ATTENTION ON A DAILY BASIS, UM, TO SEE WHAT'S GOING ON THERE AS OPPOSED TO IF YOU LIVED CONSIDERABLE JUST AWAY.
I'VE HAD A RENTAL PROPERTIES BEFORE AND I KNOW IF IT'S 30 MINUTES AWAY, I DON'T GET THERE AS OFTEN AS I SHOULD.
WEEKLY, DAILY, YOU KNOW, EVERY TWO DAYS.
SO, SO I HAVE A, A A QUESTION FOR YOU.
IS IT, DO YOU OWN THIS PERSONALLY OR IS THERE A, A CORPORATION THAT OWNS IT? I OWN IT.
AND THEN, UM, YOU SAID THAT YOU'RE, THAT DENVER HEIGHTS IS ACTUALLY MEETING LATER TODAY ON YOUR REQUEST? YES.
UH, YOU KNOW, IT'S, IT'S UM, IF I'D SURE LIKE TO OFFER A CONTINUANCE BECAUSE I DON'T FEEL COMFORTABLE, YOU KNOW, WITH, WITH UH, GETTING BEHIND A REQUEST UNLESS THERE'S DOCUMENTED SUPPORT FROM THE NEIGHBORS AND FROM THE NEIGHBORHOOD ASSOCIATION THAT AT LEAST THAT MEANS A LOT TO ME.
I DON'T KNOW IF ANYONE ELSE WOULD LIKE TO CHIME IN ON THAT ISSUE.
SO, SO I CONCUR WITH MY COLLEAGUE THERE AND SO, 'CAUSE I KNOW THAT THEY NORMALLY DO SPEAK UP AND THEY'RE, YOU KNOW, HAVE IT, YOU KNOW, CERTAINLY WITH VOICE OPINION, HAVING THEIR SUPPORT WOULD, UM, CERTAINLY, UH, WEIGH IN HEAVILY ON, ON MY DECISION.
YOU KNOW, AND WHEN I LOOK AT A, A QUARTER MILE CIRCLE HERE FROM YOUR PROPERTY, THERE ARE 50 PLUS RENTALS THERE IN THAT AREA, IN THAT QUARTER MILE CIRCLE.
AND SO, SO WE'RE ADDING TO THAT DENSITY HERE AND YOU KNOW, SO, SO, YOU KNOW, YEAH, I WOULD JUST, I WOULD CHUCK A LITTLE BIT, I'D ALSO LIKE TO, TO TALK ABOUT ANY POTENTIAL NEGATIVE ISSUES.
I MEAN, YOU HAVE A LOT OF POSITIVE ISSUES, BUT YOU'VE BEEN RUNNING THIS THING FOR A WHILE.
HAVE YOU BEEN PAYING HOT TAX? YES.
UH, THIS, SO OTHER THAN NOT HAVING A PERMIT, IS, IS THERE ANY VIOLATIONS THAT, THAT, UH, THIS APPLICANT NEEDS TO ADDRESS DURING ANY CONTINUANCE? IF IT GETS APPROVED? THE ONLY THING THAT SHE WOULD HAVE TO FOLLOW UP ON IS TO ENSURE THAT THOSE HOT TAXES ACTUALLY HAVE BEEN PAID.
UM, RIGHT NOW WE DON'T SHOW ANY RECORD FOR THOSE, BUT THAT SHE HAS TO WORK WITH YEAH.
[01:50:01]
THEY, THE DATA THAT WE FOUND, UM, ON THIS SITUATION WAS A PROACTIVE, UM, ENFORCEMENT CASE ON SHORT TERM RENTALS.SO WE HAVE STAFF DEDICATED TO GO AND, UH, SEARCH FOR THESE POTENTIAL VIOLATORS.
UM, AND A LOT OF IT IS THAT THEY WERE NOT AWARE.
OKAY? UM, WE ARE WORKING WITH THE PLATFORMS, UM, MR. CHAIR AND THE PLATFORMS HAVE NOW COMMITTED TO REMOVING UNPERMITTED SHORT-TERM RENTAL USERS AND FORCING THEM TO COME PULL A PERMIT BEFORE THEY CAN POST THEM BACK ON THEIR UH, PLATFORM.
ALRIGHT? SO IS HOW MUCH TIME ARE WE LOOKING AT? IT'S TWO WEEKS.
ENOUGH FOR YOU TO, TO TALK TO THE NEIGHBORS, TO TALK TO THE NEIGHBOR ASSOCIATION AND GET SOME TALK TO STAFF ABOUT YOUR HIGH TAX SCENARIO BECAUSE IT'S, WE DON'T, THIS BOARD DOESN'T HAVE A HISTORY OF APPROVING A LOT OF THESE.
UM, AND SO, BUT ONE OF THE THINGS THAT THE, THAT APPLICANTS THAT WHO ARE SUCCESSFUL DON'T OWE ANY MONEY, THEY DON'T HAVE COMPLIANCE ISSUES AND THEY HAVE SUPPORT FROM THEIR NEIGHBOR AND OR NEIGHBORHOOD ASSOCIATION.
AND I APOLOGIZE, I AM NEW TO THIS GAME, YOU KNOW, AGAIN, GLOBAL IT WORKER THAT HAPPENS A LOT TO YOU.
AND SO IT'S NOT MY INTENTION TO HAVE THAT AND I, I DON'T MEAN TO MINIMIZE THE IMPACT OR THE TIME THAT YOU'VE GIVEN ME HERE TODAY.
UM, BUT AGAIN, I'M NEW TO THE GAME, I AM STILL LEARNING AND ALL MY FOCUS HAS GONE INTO AN EXPERIENCE WITH THE AIRBNB.
SO, WELL OUR, OUR NEXT MEETING IS MAY 5TH.
AND SO IS THAT ENOUGH TIME TO ABSOLUTELY ACQUIRE SOME OF THIS STUFF? OKAY.
SO I'M LOOKING FOR A MOTION TO CONTINUE TO MAY 5TH.
I'LL GIVE THE SECOND TO COMMISSIONER BARRINGTON.
UH, WE WILL SEE YOU ON MAY 5TH AND WE LOOK FORWARD TO, UH, WHATEVER YOU CAN, NEW INFORMATION YOU CAN PROVIDE.
AND I DO HAVE A QUESTION FOR CITY STAFF.
SO, SO, UM, IS IT POSSIBLE TO NOT HAVE REGISTERED WITH THE CITY AND PAY HOT TAX? AREN'T THOSE LIKE KIND OF A SEQUENTIAL THING WHERE YOU BASICALLY REGISTER THEN THAT STARTS THE ACCOUNT? SO JUST SO I UNDERSTAND.
YEAH, SO COMMISSIONER, SO THE PROCESS WE HAVE FOR WITHIN IN THE CITY, YOU'RE SUPPOSED TO APPLY FOR AN SGR PERMIT WITH US AND THEN IF IT'S APPROVED STAFF CREATES YOU A HOT ACCOUNT FOR YOU.
HOWEVER, IT DOES NOT STOP ANY CITIZEN FROM GOING TO AVENUE AND CREATING THEIR OWN HOT ACCOUNT.
I WAS TRYING TO UNDERSTAND YEAH.
AND REAL QUICK FOR THE RECORD, WE DO NEED TO PLAY A VOICEMAIL ON THIS.
HELLO, MY NAME IS AHA GARCIA AND I RESIDE AT ONE ONE TWO TACTUS STREET.
MY TELEPHONE NUMBER IS (210) 505-6239.
THE CASE NUMBER IS BOA 25 1 0 3 0 0 0 4 5.
UM, I AM IN OPPOSITION FOR ADDING ANOTHER AIRBNB IN THIS BLOCK.
I DO NOT AGREE WITH HAVING ANOTHER AIRBNB ON THE, ON THIS PROPERTY.
I ALREADY LIVE NEXT TO TWO AIRBNBS.
THERE IS A LOT OF DRUG TRAFFICKING COMING OUT OF THESE TWO AIRBNBS.
I MEAN THE ONE THAT THERE'S A LOT OF DRUG TRAFFICKING COMING OUT OF ONE PROPERTY MORE THAN ANOTHER ONE.
ALSO A LOT OF PROSTITUTION IS BEING DONE OUT OF THESE TWO AIRBNBS.
I WOULD SAY STARTING FROM TEENAGERS AS YOUNG AS 16 THREE, I JUST HAD ONE OF THE OWNERS OF ONE AIRBNB COME ONTO MY PROPERTY, BRANDISHING HIS WEAPON IN FRONT OF MY CHILDREN AND LOADED THE GUN THREATENING ME AND MY CHILDREN TO KILL US.
THERE IS POLICE REPORTS AND VIDEOS OF THIS INCIDENT.
ALSO, PARKING SPACES ARE VERY LIMITED DUE TO ALL THE EVENTS HAPPENING DOWNTOWN, ESPECIALLY DURING THE CONCERTS AND GRADUATION.
ALSO, THE CITY CLOSES OFF ALL THE FRONT STREETS OFF OF BERRY LEAVING PEOPLE TO PARK ON THIS STREET.
FIVE CRIME, CRIME IS HIGH DUE TO PARKING DISPUTES.
SIX PEOPLE IN CHILDREN LEAVING THESE RESIDENTIAL HOMES.
Y'ALL ARE CLEARLY PUTTING US, OUR CHILDREN AND OTHER TEENAGERS IN DANGER FOR NOT FOLLOWING UP AND INVESTIGATING THESE SITUATIONS.
ALSO US AS PROPERTY OWNERS AND RESIDENTIALS OR UH, A RESIDENT IN THIS STREET.
Y'ALL LEAVE US NOT BEING ABLE TO TALK TO
[01:55:01]
A PROPER OWNER OR GROW A LONG-TERM RELATIONSHIP WITH THEM FOR RENTING OUT THESE HOMES AS AIRBNBS.I DO NOT AGREE FOR HAVING ANOTHER AIRBNB IN THE SAME BLOCK.
THANK YOU AND HAVE A NICE DAY.
HER ADDRESS IS 1 0 5 CACTUS, CORRECT? THE INTERSECTION STREET GOING SOUTH OF IT.
SOMEONE YOU SHOULD PROBABLY TALK TO.
AND MR. CHAIR, I BELIEVE THERE IS A SHORT-TERM RENTAL RIGHT DOOR TO HER PROPERTY.
THE CALLER WHO LEFT THE MESSAGE.
SO WE'RE NOT QUITE SURE WHO, WHAT PROPERTY SHE'S REFERRING TO.
YEAH, I MEAN YOU DIDN'T WALK UP TO HER BRANDISHING A WEAPON OR ANYTHING? NO.
WELL, WE'LL SEE YOU BACK HERE IN TWO WEEKS.
UH, WE LOOK FORWARD TO WHATEVER NEW DOCUMENTATION.
IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF.
ANYONE NEED A BREAK? ALL RIGHT, WE'RE GONNA TAKE A SHORT BREAK.
WE'LL SEE Y'ALL BACK IN ABOUT SEVEN MINUTES OR SO.
WE'RE CALLING THIS BACK INTO SESSION.
UH, WE ARE ON ITEM NUMBER FOUR, OWEN, BEFORE WE GO TO FOUR, ITEM 10 IS ASKING FOR A TWO WEEK CONTINUANCE TO MAY 5TH.
IF UH, ANYONE WOULD LIKE TO MAKE A MOTION FOR THAT PLEASE.
AND REAL QUICK, I'LL JUST READ IT QUICKLY INTO THE RECORD.
UH, AS A REQUEST BY ELLA VILLA REAL FOR A TWO FOOT SET REAR SETBACK FOR A MINIMUM OF TWO FOOT 20 FOOT REAR SETBACK TO ALLOW AN 18 FOOT REAR SETBACK LOCATED AT SEVEN 14 CHIHUAHUA STREET AND STAFF RECOMMENDING APPROVAL.
ALRIGHT, IS THERE ANY VOICEMAILS OR ANYONE SIGNED TO THE SPEAK? THERE IS TWO VOICEMAILS.
ALL RIGHT, LET'S HEAR 'EM PLEASE.
HELLO, MY NAME IS GEORGIA EDGE RIOS AND MY ADDRESS IS SEVEN 10 CHIHUAHUA STREET, SAN ANTONIO, TEXAS SEVEN EIGHT TWO OH SEVEN.
MY PHONE NUMBER IS TWO TEN TWO EIGHT EIGHT SIXTY FOUR NINETY FIVE.
I AM CALLING BECAUSE, OH, THE NEIGHBOR ON SEVEN 14 CHIHUAHUA STREET, LOT EIGHT BLACK FIVE NCB 24 63.
JUST TO LET YOU KNOW THAT I AM AGAINST OF HER BUILDING UP ON OUR HOUSE BECAUSE IT KNOCKS DOWN THE VALUE OF MY HOUSE.
AND IT ALSO BLOCKS THE, WHERE WE PARK OUR CARS IN OUR BIG DRIVEWAY WHERE WE ALL PARK OUR CARS, OUR NEIGHBORS.
I WILL PUT CAMERAS SO I COULD BE PROTECTED.
NOW IT BLOCKS ALL THE CAMERAS OF MY HOUSE AND I JUST THINK IT'S A SAFETY HAZARD THE WAY SHE'S BUILDING.
AND PLUS IF OUR TAXES ARE GOING TO BE GOING UP BECAUSE OF THIS REASON, I AM VERY AGAINST IT.
MY TELEPHONE NUMBER IS (210) 842-0180.
MY ADDRESS IS 6 1 8
I'M IN OPPOSITION OF THE, UM, PROPERTY, THE BOARD OF ADJUSTMENT REQUEST FOR 7 1 4 CHIHUAHUA STREET.
THE LEGAL DESCRIPTION IS LOCK EIGHT, BUILDING FIVE NCB 2 4 6 3.
UM, THIS SAYS A REQUEST FOR TWO INCH RE SETBACK VARIANCE FROM THE MINIMUM 20 REEL SETBACK REACH REQUIRED BY THE UNIFIED DEVELOPMENT CODE TO ALLOW PAYING FOR AN 18 INCH REAL SETBACK.
THE REASON I'M IN OPPOSITION IS BECAUSE MY TAXES WENT UP AND, UM, ALMOST $300.
AND THIS IS SUPPOSED TO BE AFFORDABLE HOUSING.
AND IF WHY BEING AFFORDABLE HOUSING, UM, ANYTHING THAT CAUSES THIS TO GO OVER THE AMOUNT THAT I'M, I SHOULD BE REQUIRED TO PAY.
[02:00:01]
THAT'S ALL THE PUBLIC COMMENT.MANNA COMMISSIONER MANNA, UH, DO YOU KNOW WHAT THE ADDRESS WAS ON THE FIRST, THE FIRST CALL IT WAS SEVEN 10 CHIHUAHUA AND THE OTHER ONE WAS SIX 18 CHIHUAHUA.
AND THEN, UM, SO WHEN SOMEONE CALLS IN, SO SHE WAS MIXING INCHES AND OTHER THINGS WITH REGARDS TO THE SETBACK.
DO WE GO BACK AND DO ANY VERIFICATION OR VALIDATION WITH, WITH THE, UM, PEOPLE WHO MAY BE VOICING CONCERNS JUST TO, SO THAT THEY UNDERSTAND WHAT IS ACTUALLY BEING REQUESTED? 'CAUSE SHE WAS TALKING ABOUT 18 INCHES, WHICH IS SIGNIFICANTLY DIFFERENT THAN 18 FEET.
YEAH, WE, WE GOT THIS, UM, THIS MORNING, SO WE WERE NOT ABLE TO FOLLOW UP WITH THEM.
SO WE HAVE, UH, ANYONE LIKE TO MAKE A MOTION TO CONTINUE TO MAKE FIFTH MANA COMMISSIONER MANNA SOMO.
SECOND BY COMMISSIONER BARTON.
ANY OPPOSED? HEARING NONE, UH, CASE WILL BE CONTINUED TO MAY 5TH.
SO WE'RE BACK ON ITEM NUMBER FOUR.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER FOUR IS REQUESTED BY CYNTHIA PAUL SINEK AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE LOCATED AT COUNCIL DISH ONE.
THE SUBJECT PROPERTY IS LOCATED AT 2 0 3 PASCAL STREET, UNIT 1 0 1.
SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY, RESIDENTIAL, MULTI-FAMILY, AND COMMERCIAL USES.
THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK PHASE ON MAY 20TH, 2022.
THIS TYPE TWO SHORT-TERM RENTAL PERMIT WAS APPROVED BY STAFF WHO MADE AN ERROR BY NOT PROCESSING THE REQUEST FOR CONSIDERATION BEFORE THE BOARD OF ADJUSTMENT FOR A SPECIAL EXCEPTION PER SECTION 35 DASH 3 99 3 F.
GRANTING OF THE PERMIT FOR SHORT-TERM RENTAL TYPE TWO IS TO BE FOR A DEFINITE PERIOD OF TIME, NOT TO EXCEED THREE YEARS AND ONLY AFTER NOTICE AND HEARING AS PROVIDED IN THIS CHAPTER TO THE BOARD OF ADJUSTMENTS.
APPLICATIONS FOR SUB SUBSEQUENTIAL PERMITS MUST BE SUBMITTED PRIOR TO THE EXPIRATION OF THE PREVIOUS PERMIT, AND GRANTING FOR THE PERMIT IS NON-TRANSFERABLE TO ANOTHER OWNER OPERATOR OR LOCATION.
THERE IS A TOTAL OF SEVEN UNITS ON THE BLOCK FACE.
ONE ACTIVE TYPE TWO IS LOCATED AT 2 0 3 PASCO STREET, UNIT 1 0 3 ISSUED ON MAY 20TH, 2022.
THE BLOCK FACE IS CURRENTLY AT 14% AND IF THE SECOND TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 28% EXCEEDING THE 12.5 DENSITY LIMITATION FOR TYPE TWO STR.
THE PROPERTY HAS NO CODE ENFORCEMENT HISTORY AND THE PROPERTY IS ALSO NOT CURRENTLY LISTING.
OH, THE PROPERTY IS CURRENTLY LISTING.
THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION, AND THIS IS THE SUBJECT PROPERTY.
AND THE NEXT FEW SLIDES ARE THE NAME, READING PROPERTIES AND SURROUNDING AREAS.
STAFF RECOMMENDS APPROVAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION.
STAFF FINDS THAT THE APPROVAL OF AN INCREASE IN THE TYPE TWO SHORT-TERM RENTAL PERMANENT DENSITY WILL NOT BE DE DETRIMENTAL AS THE REQUEST MEETS THE SIX CONDITIONS.
THERE WERE A TOTAL OF 57 MALE NOTICES.
NINE IN FAVOR TO AN OPPOSITION.
NO RESPONSE FROM TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION.
NO RESPONSE FROM THE SAN ANTONIO DISTRICT ONE RESIDENT ASSOCIATION AND THREE CITY GROUPS WERE NOTIFIED AS WELL WITH NO RESPONSE.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
ALL RIGHT, THANK YOU VERY MUCH.
LET'S HAVE THE APPLICANT COME FORWARD.
HELLO, AFTERNOON, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SHORT TERM.
I'M, OH, MY NAME IS CYNTHIA PULK.
I'M HERE ON BEHALF OF MYSELF AND MY HUSBAND.
WE ARE THE, UH, PROPERTY OWNERS OF, UH, 2 0 3 PASCAL UNIT 1 0 1.
UM, IT IS OUR SECOND HOME AND WE HAVE OPERATED AS A SHORT-TERM RENTAL SINCE 2022.
UM, JUST A FEW SMALL POINTS I WANNA MAKE.
I THINK JUAN HIT ON A, A, A LOT OF GREAT ONES IS WHAT'S UNIQUE ABOUT OUR RENEWAL REQUEST IS THAT, UM, WE HAVE THE FULL SUPPORT OF THE OTHER TYPE TWO PERMIT OWNER, THAT 1 0 3.
WHEN WE FIRST PURCHASED THE PROPERTY, UM, THERE WAS THE INTENT FOR THE BACK HALF OF THE UNITS TO BE FINISHED, WHICH WOULD'VE BROUGHT US UP TO MEETING THE APPROVAL OF HAVING TWO TYPE TWO STR PERMITS.
BUT SINCE THAT TIME, UNFORTUNATELY, THE DEVELOPER WENT BANKRUPT, LEAVING ONLY THE REMAINING SEVEN UNITS AVAILABLE UP FRONT, WHICH YOU CAN SEE IN THIS PICTURE UP HERE THAT THAT BACK HALF IS BLANK.
THOSE WERE SUPPOSED TO BE THE UNITS.
UM, BUT GIVEN THOSE CIRCUMSTANCES, UM, FAST FORWARD TO 2025, NOW WE'RE RESTRICTED TO SEVEN.
THE OWNER AT 1 0 3 IS ACTUALLY OWNER OCCUPIED, SO THERE WAS ALSO SOME CONFUSION
[02:05:01]
THERE.I THINK WHEN THEY APPLIED INITIALLY THEY DIDN'T APPLY UNDER THE TYPE ONE PERMIT, BUT RATHER HELD A TYPE TWO PERMIT.
AND YOU'LL SEE THAT THERE'S NO RENTAL HISTORY FOR THAT.
UM, OWNER AGAIN, THEY HAVE WRITTEN A LETTER OF SUPPORT STATING THAT THEY WOULD, IT'S NOT LIKE THEY'RE TRYING TO BLOCK US OR THEY'VE HAD ISSUES.
THEY WOULD ACTUALLY LIKE TO CONTINUE TO SEE US OPERATE IT.
UM, SO THAT'S KIND OF WHAT HAS BROUGHT US HERE TODAY.
WE DO HAVE THE HISTORY, NO ISSUES WITH, UM, VIOLATIONS.
WE'VE BEEN UP TO DATE ON ALL OUR TAXES AND PAYING IT.
UM, I WILL ALSO LIKE TO STATE, I KNOW OTHER OWNERS HAVEN'T MENTIONED THIS BEFORE, BUT WE DO EMPLOY A LOCALLY OWNED PROFESSIONAL, UM, CLEANING COMPANY THAT GENERATES ABOUT 15,000 IN GROSS REVENUE FROM OUR SERVICES THAT THEY PROVIDE, WHICH IS THE DIRECT PASS THROUGH TO THEM.
WE DON'T COLLECT ANY ADDITIONAL CLEANING FEES THAT THEY PROVIDE AND IT WOULD REALLY BE SLIGHTLY DETRIMENTAL TO THEIR CLEANING SERVICES AS WELL TO HAVE THAT MISSING REVENUE.
SO THAT'S ANOTHER POINT I JUST WANTED TO, UH, BRING UP TO THE BOARD.
THAT'S ALSO INTO PLAY WHEN, UM, WE'RE OPERATING THESE SHORT-TERM RENTALS.
UM, I DUNNO IF YOU GUYS HAVE ANY OTHER QUESTIONS.
WE DO, I ACTUALLY HAVE A TEXT EXCHANGE WITH 1 0 2, WHICH IS THE NEIGHBOR THAT WE ACTUALLY SHARE THE WALL WITH.
WE ARE THE END UNIT THAT HAS SAID THAT THEY WOULD LEND THEIR SUPPORT, BUT I'M NOT SURE IF THEY WERE ONE OF THE ONES THAT SENT IN A, UM, A LETTER OF SUPPORT AS WELL.
UH, SO QUICK QUESTION FOR STAFF.
UM, UH, UNIT 1 0 3 WAS GRANTED ON MAY 20TH, AND THEN THIS ONE WAS ALSO GRANTED ON MAY 20TH MM-HMM
SORRY, IS THAT, IS THAT WHAT CAUSED THE CONFUSION? THEY WERE BOTH ISSUED ON THE SAME DAY AND, UM, MR. CHAIR? YES.
THE DAY THAT THEY CAME IN, THE SYSTEM WAS DOWN.
SO THEY APPLIED FOR AN APPLICATION AND WERE APPROVED AND PERSON, BUT THEY WERE NOT UPLOADED TO THE RECORD UNTIL LATER TILL LATER DATE.
SO UNFORTUNATELY ONE, OH, UH, 1 0 3 WAS SUBMITTED FIRST THEN VERSUS 1 0 1 LIKE HOURS.
AND AGAIN, THAT OWNER, HE DOES HAVE HOME, HE DID HAVE HOMESTEAD EXEMPTION STATUS UP TILL 2025 TILL LAST MONTH WHEN HE WAS ALERTED THAT, HEY, IF YOU'RE GONNA CONTINUE TO HOLD A PERMIT, YOU NEED TO EITHER FILE UNDER OR TYPE ONE OR REMOVE YOUR HOPE EXTENSION STATUS.
SO, SO HOW, HOW DOES THAT WORK IF SOMEBODY GETS A TYPE TWO BUT THEY STILL LIVE IN THE PLACE, IS THAT GROUNDS FOR REMOVAL OF A TYPE TWO PERMIT? SO, MR. CHAIR, WHEN WE, YOU APPLY FOR A TYPE TWO APPLICATION, WE VIEW IT AS A NON-OWNER OCCUPIED UNIT.
SO WE DON'T VERIFY, UM, THE, IF THEY, THAT THEY'RE, IF THEY LIVE WITH THAT PROPERTY, IF THEY HAVE A HOMESTEAD ON THE PROPERTY, STAFF DOES SAY, HEY, YOU A HOME ON THE PROPERTY, YOU DO QUALIFY FOR A TYPE ONE, WE CAN UPDATE YOUR APPLICATION TO THAT.
IF YOU WANNA STILL PROCEED A TYPE TWO, YOU HAVE TO REMOVE YOUR HOMESTEAD ON THAT PROPERTY.
AND THAT IS WHAT THE APPLICANT DID.
BECAUSE WHAT I'M, I KNOW THIS IS A TIMING THING, YOU'RE TALKING ABOUT HOURS OR WHATEVER SEPARATING THIS, BUT I JUST WAS CURIOUS IF THEY HAD A HOMESTEAD EXEMPTION FOR, YOU KNOW, THREE YEARS, IS THAT SOMETHING THAT WOULD'VE FOR FORCED STAFF TO REMOVE IT BECAUSE THEY HELD IT FOR MULTIPLE YEARS, US MAKING THIS PERSON IN AS THE, AS THE FIRST ONE ON, ON THE BLOCK FACE? I'M JUST KIND OF CURIOUS ABOUT THE, JUST HOW SOME OF THOSE TECHNICALITIES THE LOGISTICS WORK ON THAT.
SO AGAIN, UM, IF THE APPLICANT WANTED TO KEEP HIS HOMESTEAD ON THERE, WE WOULD'VE UPDATED HIS APPLICATION TO A TYPE ONE AND THEN SHE WOULD BE THE ONE BY RIGHT.
HOWEVER, THE APPLICANT FOR 1 0 3 CHOSE TO REMOVE HIS HOMESTEAD TO MAINTAIN HIS TYPE TWO PERMIT ON THE PROPERTY.
AND WHAT, HE REMOVED THE HOMESTEAD THIS YEAR THOUGH? YEAH, LIKE LAST MONTH AND STAFF WAS FOUND THAT IT WAS ISSUED AN ERROR BACK IN 2022 AGAIN, SO THEY KEPT THEIR HOMES.
I'M JUST, YOU KNOW, I, I KNOW THAT THAT'S HERE AND THERE, BUT OUTTA JUST CURIOSITY, YOU KNOW, AS ASSUMING THAT, YOU KNOW, YOU HAD THE MANPOWER TO FOLLOW UP ON EVERY LITTLE THING THAT COME CORRECT.
THAT HAPPENS IN THE CITY OF SAN ANTONIO WHEN IT HAPPENS.
YOU KNOW, AND, AND ALSO TO, UM, CLARIFY, HE'S ALSO UP FOR RENEWAL AT THE END OF JUNE AS WELL.
SO STAFF WOULD'VE CAUGHT THAT UPON RENEWAL IF THERE WAS AN ISSUE WITH A TYPE ONE, TYPE TWO? YEAH, I MEAN, I, I JUST THINK IT'S INTERESTING THAT, YOU KNOW, LET'S, LET'S JUST SAY THAT IT WAS NOTICED AND THEY, THEY KEPT IT ON FOR MULTIPLE YEARS AND THEN SHE WOULDN'T HAVE TO BE HERE.
MR. BAR, I BELIEVE YOU SAID THIS IS YOUR SECOND HOME? YES.
WHAT PROPORTION OF THE TIME DO YOU LIVE THERE AND WHAT PROPORTION OF THE TIME IS IT AVAILABLE AS A SHORT TERM RENTAL? WE TRY TO KEEP IT OPEN YEAR ROUND, BUT WE OBVIOUSLY COME AND WE'LL BLOCK IT FOR PERIODS OF TIME WHEN WE'RE COMING TO VISIT, SPEND TIME WITH FRIENDS, FAMILY, THINGS OF THAT NATURE.
SO IT COULD BE UPWARDS OF LIKE QUARTER, LIKE ONCE A QUARTER, SOMETIMES IT'S BEEN ONCE A MONTH.
IT REALLY JUST, SO SUMMER MONTHS, I FEEL LIKE WE COME HERE MORE OFTEN BECAUSE YOU DON'T GET A LOT OF INFLUX OF, UH, GUESTS THAT WANT TO COME.
UNFORTUNATELY, RIGHT NOW IT'S, IT'S, IT'S HIGH SEASON WITH APRIL, BUT COME JUNE, JULY, AUGUST, YOU'LL SEE THAT IT GOES REALLY QUIET IN THESE, UH, SHORT-TERM RENTALS JUST 'CAUSE OF THE, THE WEATHER I THINK KEEPS A LOT OF TOURIST AWAY.
YEAH, I'M NOT SURE WHO THIS QUESTION SHOULD BE ADDRESSED TO.
[02:10:01]
THE APPLICANT MENTIONED THOSE, UM, UNITS IN THE, THE BACK THAT HAVE NOT BEEN BUILT.I ASSUME THEY STILL HAVE NOT BEEN BUILT.
WOULDN'T, WOULD THOSE BE ADDRESSED OFF OF UM, PASCAL OR WOULD THEY BE ADDRESSED OFF OF EVERGREEN? THEY WOULD BE ADDRESSED OFF OF 2 0 3 PASCAL.
SO IN, I THINK WE'RE MY FELLOW COMMISSIONER'S GOING IS THAT IF THEY EVER GET BUILT IN THE FUTURE, SHE MIGHT BE ALLOWED BY, RIGHT? MAYBE.
SO SINCE SHE WAS APPROVED IN 2022 BEFORE THE SSTR, BEFORE THE UDC UPDATE IN 2023 SAYING WE COULD NOT ROUND DOWN, UM, THE BLOCK FACE WOULD THEN BE 14 UNITS AND IF YOU ROUND UP TWO ARE ALLOWED BY WRIGHT BECAUSE AGAIN, SHE WAS APPROVED BEFORE THAT 2023 UDC UPDATE TO NOT ROUND DOWN THIS CASE SAYS, HAS IT ALL.
ALRIGHT, ANNA, COMMISSIONER MANANA QUESTION FOR CITY STAFF.
SO, SO IT SOUNDS LIKE THERE'S A WORKFLOW CHALLENGE GOING ON WITH REGARDS TO TIMINGS AND THINGS LIKE THAT AND YOU KNOW, WITH SYSTEM DOWN, ET CETERA.
AND SO, SO HAS THE WORKFLOW BEEN RESOLVED SO THAT THE SITUATION, I GUESS WOULDN'T OCCUR AGAIN? UM, SO THAT, YOU KNOW, SO THAT IF THE SYSTEM FOUND SOME CHECKS OCCUR AND SO THAT SUBSEQUENT APPROVALS WOULD THEREFORE NOT HAPPEN, YOU KNOW, PRIOR TO THEM TRULY BEING, YOU KNOW, VETTED? YES, THAT'S CORRECT.
UM, DURING A COMPLAINANT'S REVIEW, STAFF WILL CHECK THE TYPE THEY ARE APPLYING FOR TYPE ONE OR TYPE TWO AND THEY WILL VERIFY IF THEY QUALIFY FOR A TYPE ONE, WHICH WOULD BE A HOMESTEAD EXEMPTION DRIVER'S LICENSE.
OR IF THEY DON'T HAVE THAT, THEY DON'T LIKE THEY LIVE ELSEWHERE, UM, STAFF DOES VERIFY THE TYPE THAT THEY ARE APPLYING FOR IS CORRECT AND IF IT'S NOT, THEY WILL LET THE APPLICANT KNOW WHAT THEY NEED TO DO TO BE ELIGIBLE FOR THAT TYPE OF PERMIT.
SO IF I COME IN, SO, SO IS THE APPLICATION AN IN-PERSON EXPERIENCE OR IS IT ONLINE? IT'S MAJORITY, MAJORITY ONLINE.
SO, SO WHEN I LEAVE THAT PORTAL, UM, DOES IT PUT UP A BIG FLASHING THING THAT SAYS, CONGRATULATIONS, YOU'VE BEEN APPROVED, OR, OR IT SAYS WE'LL GET BACK WITH YOU AND NOTIFY YOU, UH, ONCE IT IS THAT EVERYTHING'S COMPLETED.
SO ONCE IT'S SUBMITTED, IT'LL SAY THANK YOU FOR SUBMITTING YOUR APPLICATION AND MAKING PAYMENT.
YOUR CASE MANAGER WILL BE ASSIGNED SHORTLY, UM, THE NEXT DAY STAFF REASSIGNS THOSE CASES TO THE CASE MANAGER AND IF THERE'S ANYTHING THAT THEY'RE MISSING IN THE APPLICATION, IT'LL THEN BE GOING TO ADDITIONAL INFORMATION REQUIRED AND OUTLINE SPECIFICALLY WHAT STAFF IS MISSING.
SORRY, JUST WANTED TO DIG IN, YOU KNOW, JUST UNDERSTAND THAT WORKFLOW, SO THANK YOU VERY MUCH.
AND ONCE YOU HIT COMPLETENESS AND IT GOES TO A, IT GETS ASSIGNED TO A STAFF MEMBER, THAT'S WHEN YOUR TIMESTAMPED IS BEING ACCEPTED OR IS IT TIMESTAMPED ON THE PERMITS ISSUE? UM, SO WE HAVE TWO UH, REVIEWS.
IT'S COMPLETENESS REVIEW AND THEN TECHNICAL REVIEW.
UM, IF IT IS APPROVED, THEY WILL RECEIVE DURING TECHNICAL REVIEW, THEY WILL RECEIVE A NOTIFICATION OF RESULTS SAYING YOUR PERMIT HAS BEEN APPROVED FOR A TYPE ONE, TYPE TWO FOR THIS ADDRESS ON THIS DATE.
TELLS YOU YOUR EXPIRATION DATE, YOUR HOT ACCOUNT NUMBER, HOW TO PAY YOUR HOT ACCOUNT NUMBER, BUT GETTING THROUGH A COMPLETENESS REVIEW IS WHAT GETS YOU IN LINE OR NOT.
IT'S, IT'S ONCE IT'S SUBMITTED THAT'S LIKE THE WAY THE THE ORDER IS AND THAT YOU'RE IN LINE OKAY.
ALRIGHT, WELL IS THERE ANY OTHER QUESTIONS? ALRIGHT, I WAS LOOKING FOR A MOTION.
OH, IS THERE ANY UH, UM, ANYONE SIGNED UP TO SPEAK ONE VOICEMAIL? ALRIGHT, LET'S HEAR IT.
UH, I LIVE AT 3 29 EAST MYRTLE.
I ALSO OWN THE DUPLEX AT 3 22 EAST PARK AVENUE.
UH, MY NUMBER IS 2 1 0 8 4 2 5 4 5 OH.
AND THE LAST THREE DIGITS OF THE CASE NUMBER IS 0 4 6.
THIS MESSAGE CONCERNS A REQUEST FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE FOR 2 0 3 PASCAL STREET, UNIT 1 0 1.
I WANT THE CITY TO ABIDE BY THE RULES THAT HAVE BEEN ESTABLISHED FOR SHORT-TERM RENTALS AND ACTUAL HARDSHIP MUST BE SHOWN TO GRANT A VARIANCE.
MY CONCERN IS ALSO GRANTING AN ADJUSTMENT WILL SET A PRECEDENT FOR OTHERS THAT ALSO EXPECT THE SAME RULING.
THE PROPERTY THAT SHARES A WALL WITH SHORT-TERM RENTALS WILL HAVE THEIR VALUES REDUCED.
PARKING IS ALSO AN ISSUE WITH ADDITIONAL SHORT-TERM RENTALS.
THAT'S ALL THE PUBLIC COMMENT.
ALRIGHT, SO THERE'S, UH, IF COMMISSIONER WOULD LIKE TO MAKE A MOTION ON THIS CASE.
MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 0 4 6.
I MOVED TO THE BOARD OF JUSTIN GRANT A SPECIAL EXCEPTION TO ALLOW FOR, UM, A ONE, A ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL, UH, SITUATED AT 2 0 3 PASCAL STREET, UH, UNIT 1 0 1, APPLICANT BEING CYNTHIA
[02:15:01]
PALC ALSAC.UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
AND, UM, IN THAT THIS IS THE FIRST RENEWAL AND STAFF HAS BEEN UNABLE TO IDENTIFY ANY CODE ENFORCEMENT HISTORY AT THIS LOCATION IN THE PAST THREE YEARS.
STAFF FINDS THE REQUEST TO OPERATE IN ADDITIONAL SHORT-TERM RENTAL BEYOND THE 12% DENSITY CAP IS NOT LIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH AND OR SAFETY IF APPROVED.
ADDITIONALLY, THE STRUCTURE IN WHICH THE STR IS LOCATED WITHIN DOES NOT POSE A HAZARD TO LIFE HEALTH OR PUBLIC SAFETY.
B THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THE APPLICANT HAS DEMONSTRATED OVER THE PREVIOUS THREE YEARS THAT THE OPERATION OF THE STR DOES NOT CAUSE A PUBLIC NUISANCE.
STAFF FINDS THAT THIS TREND IS NOT, UH, IS MORE THAN LIKELY TO CONTINUE WITH ZERO COMPLAINTS REGISTERED AGAINST THE PROPERTY OR OPERATOR.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE DENSITY CAP WERE ESTABLISHED TO ENSURE THAT NEIGHBORS ARE NOT INUNDATED BY THE PRESENCE OF TYPE TWO S STR ALLOWING THIS ADDITIONAL SST R ON THIS BLOCK FACE WILL NOT SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTIES AS IT HAS BEEN OPERATING SINCE 2022 AND HAS NOT IMPACTED THE SURROUNDING AREAS SINCE THEN.
D ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER UNNECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS IN OPEN SPACE.
E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMS CITATIONS OR ADJUDICATED OFFENSES.
CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22, THE, UH, CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THIS APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE ANY CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS.
F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF THIS PROPERTY IS ZONED MF 33, WHICH ALLOWS FOR THE LAND USE OF A STR AND GENERAL RESIDENTIAL LAND USES THE DENSITY LIMITS, UH, ESTABLISHED BY CITY COUNCIL, EXISTS TO ENSURE THAT NEIGHBORHOOD REMAIN PRIMARILY RESIDENTIAL STAFF FINDS THAT EXCEEDING THE 12.5% BLOCK FACE DENSITY IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT.
SO I WILL BE VOTING, UH, TO SUPPORT THIS.
YOU KNOW, UM, I I I HAVE STRUGGLES WHENEVER IT IS THAT IT SEEMS LIKE OUR WORKFLOWS WITHIN THE CITY ARE PART OF THE CAUSE OF THESE KIND OF THINGS AND I, I CAN'T, UM, BLAME, UM, YOU KNOW, I GUESS CITIZENS WHEN THIS HAPPENS.
UM, SECOND THING IS THAT WHEN I, YOU KNOW, ON THE PREVIOUS CASE WE LOOKED AT THE DENSITY AROUND IT AND IT WAS JUST INUNDATED.
UM, WITH REGARDS TO THE NUMBER OF SHORT TERM RENTALS, THIS AREA ISN'T AS SATURATED AND SO, SO I'M NOT AS CONCERNED WITH THAT.
AND THEN I THINK ALSO JUST THE DIALOGUE WITH REGARDS TO, UM, YOU KNOW, HAD THIS BEEN BUILT OUT AND, AND IS IS CURRENTLY, UH, YOU'LL SAY, UM, MARKETED, UH, TO BE BUILT OUT FURTHER, THE DENSITY WOULD BE IN COMPLIANCE WITH REGARDS TO, UM, APPROVAL.
SO, SO FOR THOSE REASONS, UM, I'LL BE VOTING IN FAVOR, COMMISSIONER ZUNA.
ALRIGHT, I'LL ADD TO THAT JUST THE OVERWHELMING NEIGHBOR SUPPORT FOR THE APPLICANT.
HER CURRENT, UM, OPERATION, PROFESSIONAL OPERATION OF THE PROPERTY, CURRENT ON THE TAXES, NO VIOLATIONS OF THE SHORT TERM RE RENTAL ORDINANCE, UH, ALL THOSE REASONS, UH, I'D SUPPORT THE MOTION IS READ.
ANYONE ELSE LIKE TO ADD STEVENS MEASURE? STEVENS I'LL, I'LL BE VOTING IN SUPPORT OF THIS ONLY BECAUSE IT'S EFFECTIVELY A RENEWAL.
IF IT WERE A NEW APPLICATION FOR A, A HOME THAT WASN'T PREVIOUSLY IN STR WOULDN'T BE IN SUPPORT OF IT, NOR WOULD I BE IN SUPPORT OF IT IF IT WAS A NEW OWNER.
SO FOR THOSE REASONS, I'LL SUPPORT THIS.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER GOMEZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION PASSES NINE TO TWO.
IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF.
[02:20:04]
GOOD AFTERNOON.MY NAME IS JUAN AEZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER FIVE IS REQUESTED BY CARLA PENA AND IS REQUESTING FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE LOCATED AT COUNCIL DISTRICT TWO.
THE SUBJECT PROPERTY IS LOCATED AT SIX 30 EAST CARSON STREET.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE PER SECTION 35 DASH 3 7 4 0.01 OF THE CITY CODE TYPE TWO SHORTTERM RENTAL SHALL BE LIMI SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS.
ON THE BLOCK FACE, THERE IS A TOTAL OF 12 UNITS ON THE BLOCK FACE.
ONE ACTIVE TYPE TWO IS ALREADY ACTIVE ON THE STREET BEING SIX 10 EAST CARSON ISSUED ON NOVEMBER 26TH, 2024.
THE BLOCK FACE IS CURRENTLY AT 8% AND IF IT'S SECOND, TYPE TWO IS APPROVED, THE BLOCK BASE WILL BE AT 17% EXCEEDING THE 12.5 DENSITY LIMITATION FOR TYPE.
THERE IS NO CODE VIOLATIONS OR INVESTIGATIONS, AND THE PROPERTY HAS NO ACTIVE LISTINGS AS WELL.
THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.
AND THIS IS THE SUBJECT PROPERTY.
AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST FOR A SPECIAL EXCEPTION
ZERO IN FAVOR, ONE IN OPPOSITION AND NO RESPONSE FROM THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION.
AND THERE WAS NO RESPONSE FROM THREE CITYWIDE GROUPS AS THEY WERE NOTIFIED WITH NO RESPONSE.
THIS CONCLUDES THAT PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
ALL RIGHT, THANK YOU VERY MUCH.
AS HAVE THE APPLICANT COME FORWARD.
HELLO, MY NAME IS CARLA PENA AND I'M, UH, REQUESTING THE STR EXEMPTION FOR SIX 30 EAST CARSON STREET.
ALRIGHT, WELL TELL US ABOUT YOUR, UH, SHORT TERM RENTAL.
SO, UM, IN, IN TERMS OF THIS PARTICULAR, UH, RENTAL, AND I KNOW A LOT OF, UM, THE ISSUES THAT WE'VE BEEN HEARING TODAY HAVE TO DO TO DO, ESPECIALLY WITH THOSE TYPES OF AREA WITH PARKING ISSUES, UM, AND SATURATION OF THE AREA.
AND WITH THAT IN MIND, WE ACTUALLY HAVE PLANNED AND INITIATED, UM, THE ADDITION OF PARKING SPACES THAT WERE NOT AVAILABLE PRIOR, UM, TO THE PROPERTY.
UM, WE DO SEE THAT ALL THE OTHER PROPERTIES DON'T HAVE PARKING AVAILABLE AND WE WANTED TO MAKE SURE WE DIDN'T ADD TO THAT ISSUE WHERE THERE'S MULTIPLE VEHICLES, UM, ON THE STREET.
UM, IT WILL HAVE ITS OWN PARKING, IT WILL HAVE, UH, BEAUTIFIED PRIVACY FENCE.
UM, AND SO THAT SHOULD KEEP THE PROPERTY IN, UH, GOOD ORDER AND ACTUALLY ADD TO THE VALUE.
UM, AND THE, UH, BEAUTIFICATION OF THE NEIGHBORHOOD.
WE ALREADY HAVE ANOTHER, UM, STR, UM, THAT WE OPERATE CLOSE TO LACKLAND AIR FORCE BASE.
WE DO CATER, UM, ON OUR LISTINGS OR OUR LISTING MAINLY TO MILITARY FAMILIES.
AND THIS PROPERTY IS CLOSE TO FORT AND HOUSTON.
UM, AND A LOT OF THE PEOPLE WE CATER TO MAINLY ARE MILITARY FAMILIES AND PEOPLE.
TDY ON, UM, TEMPORARY DUTY ASSIGNMENT, UM, TO THE BASIS AND, UM, AND TO DIFFERENT ASSIGNMENTS.
UM, WE DID BRING LETTERS OF RECOMMENDATION FROM OUR CURRENT NEIGHBORS, UM, IN THE PROPERTY THAT WE DO ALREADY HAVE AS A SHORT-TERM RENTAL.
SO WE ARE A SUPERHOST, WE'RE AT 4.96% FOR OUR OPERATION.
AND UM, THIS IS, YEAH, ONE OF 'EM.
AND SO WE PROVIDED FROM EITHER ONE OF OUR NEIGHBORS, WE PROVIDED OUR LETTERS OF REFERENCE.
UM, WE ARE VERY OPEN IN COMMUNICATION WITH ALL OF OUR NEIGHBORS AND THE COMMUNITIES.
IN FACT, WE'VE ALREADY, UM, BEGAN TO BEFRIEND THE NEIGHBOR NEXT TO, UM, THE PROPERTY ON EAST CARSON STREET.
UM, WE KEEP OURSELVES EXTREMELY ACCESSIBLE AND SO I, WE LIKE TO THINK THAT WE'RE A POSITIVE ADDITION TO THE COMMUNITY.
I WILL LIKE TO POINT OUT THAT THE OPPOSITION, UM, THAT WAS SENT IN IS A VACANT LOT.
SO IT'S, IT'S JUST A LOT THAT LOOKS VERY UNKEPT AND THERE WAS NOTHING THERE.
SO WE WERE NOT ABLE TO REACH OUT TO ANYONE IN RETURNS TO THEIR OPPOSITION BECAUSE IT'S, IT'S NOT, THERE'S, THERE'S NOT EVEN A STRUCTURE ON IT.
[02:25:02]
AND THIS IS NOT A DUPLEX, RIGHT? THIS IS JUST A SINGLE NO, IT'S A SINGLE, IT'S A SINGLE FAMILY RESIDENCE.'CAUSE YOU HAVE A, IT LOOKS LIKE, UH, YOU DO HAVE A DRIVEWAY ACCESS OFF NORTH PALMETTO AND IT, IT'S, IT'S THE CORNER LODGE.
SO IT ACTUALLY HAS TWO, IT LOOKS LIKE IT HAS TWO MAIN ENTRANCES, BUT IT'S A ONE.
BUT YOU HAVE A, YOU HAVE A, AN ACTIVE GARAGE BUILDING? OR IS IT USED? NO, UH, WHEN THE PROPERTY WAS PURCHASED IT HAD THAT, UM, SEMI BUILT CASITA, BUT IT'S NOT FINISHED.
SO IT, IT'S JUST LIKE A STORAGE BUILDING THAT LOOKS LIKE A CASITA.
IT'S, IT'S NOT, IT'S PART OF THE PROPERTY, BUT IT'S NOT ANOTHER RESIDENCE OR ANYTHING LIKE THAT.
SO, SO WHERE IT'S THERE, SO YOUR PARKING WOULD BE JUST TWO SPACES.
UM, SO WE DID PROVIDE A PICTURE.
SEE THAT'S WHERE WE'RE BUILDING IT.
SO IT WOULD HAVE THE TWO, THE TWO PARKING SPACES THAT CAN DRIVE IT.
AND THEN THAT WILL BE COVERED.
IT WILL BE A PRIVACY, UM, REALLY NICE WOODEN PRIVACY LOOKING FENCE FOR THE AREA OF WHERE THE VEHICLES ARE AT TO KEEP BOTH, TO KEEP THE VEHICLE SECURE, BUT ALSO TO NOT IMPEDE, UM, ON THE PROPERTY AND THE LOOK OF THE PROPERTY.
WE ARE VERY SELECTIVE WITH THE GUESTS THAT WE DO ALLOW INTO OUR PROPERTIES AND MAKE SURE THAT THEY'RE HERE WITH FAMILY.
UM, THEY'RE NOT HERE, UM, TO HAVE PARTIES OR COMING IN A GROUP OF YOUNG PEOPLE OR ANYTHING LIKE THAT.
ARE YOU CURRENTLY RENTING IT OUT AS A SHORT-TERM RENTAL? NO, RIGHT NOW, UM, IT WAS ACTUALLY LONG-TERM RESIDENCE, UH, BY THE OWNER AND UM, THEY PURCHASED ANOTHER PROPERTY, SO IT'S NEVER BEEN A RENTAL.
ANY QUE QUESTIONS FROM THE COMMISSION? WELL, BRAGMAN COMMISSIONER BRAGMAN, THIS ACTUALLY JUST GOES BACK TO WHAT YOU WERE TALKING ABOUT, ABOUT CREATING MORE PARKING SPACES.
SO THE PICTURE THAT WE'RE SEEING RIGHT NOW, YOU'VE GOT BASICALLY STRIPS THAT PEOPLE CAN PARK ON? YES.
AND SO YOU'RE NOT ADDING ANYTHING ADDITIONAL TO THAT, YOU'RE JUST PAVING IT.
SO WE'RE ADDING THAT AND THEN THERE'S GONNA, THERE'S GONNA BE A A, A PRIVACY FENCE WITH A, WITH A SLIDE DOOR TO, TO ALLOW THE PARKING AND THEN COVER.
SO THEY'RE NOT GONNA BE JUST KIND OF LIKE STICKING OUT THERE ON THE SIDEWALK.
IT'S GONNA BE COMPLETELY ENCASED.
OKAY, BUT YOU'RE NOT ADDING ANY MORE ADDITIONAL PARKING SPACES? OH, ABSOLUTELY NOT.
NO, JUST WHAT YOU SEE THERE IS, IS THE TOTALITY OF IT.
SO FOR STAFF, UH, BECAUSE THEY HAVE WHAT APPEARS TO BE TWO ENTRY DOORS WITH ONE FACING MENTO, COULD SHE GET THIS READDRESSED AND THEN NOT HAVE TO BE HERE? I I'M JUST CURIOUS.
SO MANNA, SO, SO I, I'M CONFUSED WITH REGARDS TO WHICH ADDRESS AND I THINK THERE'S TWO.
SO THIS PICTURE SHOWS TWO FACILITIES, UM, AND THE ONE DIRECTLY WITH THE DRIVEWAY IS AN, IS A HOUSE THAT THEY'RE LOOKING AT AND THE ONE TO THE RIGHT IS NOT THEIR PROPERTY, I BELIEVE.
IS THAT CORRECT? YOU'RE AT THE HEART CORNER, AREN'T YOU? YES.
THAT, THAT'S THE SAME, THAT'S THE SAME PROPERTY.
SO WHAT YOU, YOU SEE THAT PORCH STICKING OUT ON THE LEFT HAND SIDE OF THE BUILDING? THAT'S THE OTHER ENTRANCE THAT YOU SEE WHEN YOU'RE LOOKING AT IT FROM THE OTHER ANGLE WHERE THE PARKING IS LOCATED.
SO IT KIND OF HAS TWO FRONTS, JUST THE WAY THAT THE HOUSE IS BUILT.
YEAH, I WAS JUST, I WAS, IT HAS TWO FRONTS.
I WAS JUST CURIOUS 'CAUSE THAT DOOR FACING PALMETTO LOOKS A LOT MORE GRAND AND I THOUGHT SO TOO.
IN FACT, THAT'S THE ONE WE USE WHEN, YOU KNOW, WE'VE NEVER, SO HOW DOES THAT WORK STAFF? COULD THEY GET THIS READDRESSED? I MEAN, BECAUSE OF THE WAY, THE WAY THAT LOOKS, I MEAN IT JUST LOOKS LIKE THAT'S, I THOUGHT THAT WAS GONNA BE, THAT'S WHY I THOUGHT IT WAS A DUPLEX.
'CAUSE I THOUGHT THAT WAS A MAIN ENTRANCE ON PALMETTO.
BUT I WAS CONFUSED TOO, WHEN WE INITIALLY WERE LOOKING AT THE PROPERTY, I THOUGHT IT WAS ODD, RIGHT? THEY WOULD BE ALLOWED TO HAVE THE CHURCH ROOM RENTAL BECAUSE THEY WOULDN'T EXCEED THE BLOCK CASE.
WHEN WE ARE PROCESSING A PLAT IS REALLY WHEN THE ADDRESS IS BEING ASSIGNED.
UM, AND IF THIS ONE IS IN THE INNER CITY AND HAS BEEN EXISTING, THEIR ADDRESS PROBABLY WAS ASSIGNED ASSIGNED QUITE SOME TIME AGO.
SO WE'RE GONNA BE LOOKING FOR ADDRESSING WHERE THE FRONT OF THE STRUCTURE IS AND THAT IS GONNA DICTATE TO FRONTAGE SIDE YARD SETBACKS, ET CETERA, REAR YARD SETBACKS.
SO IT'S VERY IMPORTANT FOR THAT, ALL OF THAT TO BE TAKEN INTO CONSIDERATION, NOT JUST TO MEET A REQUIREMENT FOR SHORT-TERM RENTAL COMPLIANCE.
AND IT ALSO LOOKS LIKE IT WOULD CREATE A NON-CONFORMING TO THE REAR, TO THE REAR SETBACKS.
OKAY, SO MANNA, SO I APOLOGIZE.
I WAS LOOKING AT A PICTURE ON THE PRIOR CASE THAT SHOWED THIS ALSO A SIMILAR SITUATION.
SO IN THE PICTURE ON, UM, ONLINE, SO I GUESS THERE'S ANOTHER STRUCTURE IN THE BACKYARD WHERE THIS STRUCTURE IS PULLING INTO.
SO, SO WHAT IS THAT STRUCTURE GONNA BE USED FOR THERE ON THE BACKSIDE IS NOTHING, IT'S JUST STORAGE.
IT'S KIND OF LIKE A STORAGE UNIT, BUT THEY, IT'S, THEY, THEY STARTED TO MAKE IT LOOK LIKE A CASITA.
THAT WAS FROM LIKE TWO OWNERS AGO
[02:30:01]
AND THAT'S WHAT I WAS LOOKING FOR.SO, SO MAKING SURE THAT WASN'T, YOU'RE RENTING ON A CASITA AND THEN NO, DIDN'T HAVE THE OTHER PART OF THE HOUSE, SO I JUST WANTED MAKE SURE.
SO THERE'S NO LIKE PLUMBING INSIDE OR ANYTHING LIKE THAT TO BE USED AS A ADDITIONAL RESIDENCE.
ALRIGHT, WELL, IS THERE ANY VOICEMAILS? UH, ANYONE SIGNED THIS SPEAK? NO PUBLIC COMMENT.
IF, UM, IS THERE A COMMISSION? IS THIS NUMBER OF QUESTIONS? I'M LOOKING FOR A MOTION.
WHERE AM I? OKAY, REGARDING CASE NUMBER, UH, BO OA 25 103 0 0 0 5 0.
I MOVE AS A BOARD ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR A ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT SIX 30 EAST CARSON STREET.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT, THAT A LITERAL ENFORCEMENT OF THE PROHIBITIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
BE THE SPECIAL EXCEPTION, DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT TERM RENTAL PERMIT WAS APPROVED.
THE NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSISTS OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WAS SUBSTANTIALLY INJURED NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL.
THE UA, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES ARE ADMIN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE, AND IT DOES HAVE ROOM FOR TWO CAR PARKING.
THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATION OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT OR OWNER DOES NOT HAVE CONFIRMED CITATIONS OR ADJUDICATION OFFENSES OR CONVICTIONS FOR THIS PROPERTY OR OTHER PROPERTIES.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL PROPERTIES WHERE THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY, THE SPECIAL EXCEPTION, DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND A MOTION.
UH, WITH THERE BEING NO VIOLATIONS OR ANY, UH, ACTUAL, UM, COMMENTS ABOUT THIS PROPERTY? I DON'T SEE A PROBLEM WITH IT, UH, BEING GRANTED THIS REQUEST.
UH, LIKEWISE WITH NO OPPOSITION FROM THE NEIGHBORS THAT'D BE AFFECTED WITH THE PARKING THAT THEY'RE PROVIDING TO THE PROPERTY.
UH, AND THEIR EXPERIENCE WITH OPERATING, UM, OTHER, UM, SHORT TERM RENTALS, UH, IS THESE APPEAR TO BE GOOD OPERATORS WITH THE TESTIMONY THEY PROVIDED.
SO I SUPPORTING THE MOTION IS READ.
ANYONE ELSE LIKE TO ADD? UH, YEAH.
FRIENDLY BARR, UH, EDITORIAL AMENDMENT.
UH, PARAGRAPH D THE LAST WORD ON THE LINE, I BELIEVE IS INTENDED TO BE FACILITIES RATHER THAN FACULTIES.
UH, I, UM, I I WILL NOT BE SUPPORTING THIS, UH, AGAIN, BECAUSE IT EXCEEDS THE DENSITY LIMITATION.
ANYONE ELSE? HEARING NONE? LET'S HAVE A ROLL CALL.
[02:35:03]
COMMISSIONER CRUZ? YES, I CONCUR.COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT CONCUR.
COMMISSIONER IBANEZ? NO, I DO NOT.
COMMISSIONER DEAN? I DO NOT CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
UM, I, I DO NOT CONCUR ON THIS ONE.
DO YOU HAVE ANY QUESTIONS? YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? OKAY, THANK YOU FOR YOUR TIME.
I AM A PLANNER WITH THE CITY OF SAN ANTONIO.
PRESENTING CASE NUMBER SIX BOA DASH 25 DASH 1 0 3 0 0 0 5 2.
ADDRESS, 1 1 9 0 0 I 10 WEST COUNCIL DISTRICT EIGHT.
APPLICANT IS FAST SIGNS OF SAN ANGELO.
A REQUEST FOR A 123 SQUARE FOOT VARIANCE FROM THE MAXIMUM 87.5 SQUARE FEET FOR A DIGITAL SIGN TO ALLOW FOR A 210.5 SQUARE FOOT DIGITAL SIGN.
ZONING IS C3 SUBJECT PROPERTY ABOVE THE INTERSTATE HIGHWAY 10 ACCESS ROAD LOCATED JUST NORTH OF NORTH NORTHWEST PARKWAY AND WITHIN THE BOUNDARIES OF THE UC.
URBAN CORD OVERLAY THE LOT CURRENTLY HOUSES A MOTORCYCLE AND SIMILAR VEHICLE DEALERSHIP AND SITS NEXT TO PROPERTY WITH A MOTOR VEHICLE DEALERSHIP.
THE APPLICANT IS SEEKING AN APPROVAL FROM THE BOARD OF ADJUSTMENTS FOR 1800 210.5 SQUARE FOOT DIGITAL SIGN, WHICH WHICH WILL REPLACE AN EXISTING FREESTANDING SIGN SITE PLAN OF THE PROPERTY AND LOCATION OF THE CURRENT SIGN AND NEW SIGN.
THESE ARE, UH, SIGN SPECIFICATIONS, UM, SHOWING THE EXISTING SIGN, COMPARING THEM TO THE NEW SIGN AND WHAT WOULD NORMALLY BE ALLOWED UNDER CODE.
SO MORE SIGN SPEC SPECIFICATIONS.
THIS SHOWING THE, UH, NEW HEIGHT OF THE SIGN IN COMPLIANCE WITH CODE, IMAGES OF THE SUBJECT PROPERTY SURROUNDING AREA, OTHER DIGITAL SIGNS IN THE AREA.
STAFF RECOMMENDATIONS FOR DIGITAL SIGN SQUARE FOOTAGE.
VARIANCE STAFF RECOMMENDS DENIAL IN BO OA DASH 25 DASH 0 3 0 0 5 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SIGN EXCEEDING THE PERMITTED 87.5 SQUARE FEET IN DIGITAL SQUARE FOOTAGE DOES NOT FOLLOW THE SIGN REGULATIONS SET FORTH BY THE UNIFIED DEVELOPMENT CODE.
AND TWO, THE VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE COMMERCIAL AREA.
STAFF MAILED OUT EIGHT NOTICES.
ONE IN FAVOR, ZERO IN OPPOSITION.
AND THERE ARE NO NEIGHBORHOOD ASSOCIATIONS WITHIN 200 FEET OF THE PROPERTY.
THIS IS IN FAVOR AND THAT CONCLUDES STAFF PRESENTATION.
[02:40:02]
ALL THANK YOU VERY MUCH.LET THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR, UH, SIGN.
MY NAME'S STACEY MCINTYRE WITH FAST SIGNS OF SAN ANGELO.
UH, I'VE WORKED WITH FAMILY POWER SPORTS FOR THE LAST EIGHT YEARS.
WE HAVE THIS EXACT SIGN AT THEIR SAN ANGELO LOCATION, WHICH IS THEIR MAIN OR THE ORIGINAL LOCATION.
THEY HAVE OTHERS IN LUBBOCK, MIDLAND, BUDDHA, AND THEY PURCHASED THIS ONE.
AND HE'S GOING THROUGH A REBRANDING OF THIS, THE ONE IN SAN ANGELO THAT HAS THIS SIGN.
THEY'VE USED VERY EFFECTIVELY FOR ADVERTISING, FOR COMMUNITY STUFF, FOR PRODUCT, FOR HIRING, THAT TYPE OF ACTIVITY.
BUT IT'S, I MEAN THEY'VE USED IT EXCLUSIVELY FOR THEIR BUSINESS.
AND SO WHEN IT CAME UP, WHEN THE SUBJECT CAME UP THAT THE CURRENT SIGN THAT IS THERE TAKES PRETTY MUCH THE SAME SQUARE FOOTAGE.
WE APPLIED AND THEN THAT'S WHEN WE REALIZED THAT THERE WAS A RESTRICTION IN SIZE.
AND SO MOVING FORWARD THEY WOULD LIKE TO SEE IF IT'S POSSIBLE TO USE THAT SAME SIZE THAT WE USE AT THE LOCATION IN SAN ANGELO.
UH, DO YOU HAPPEN TO KNOW, UM, I'LL JUST JUMP IN WITH SOME QUESTIONS.
YOU GOT THREE FACE POWER, RIGHT? GOING ALONG THE HIGHWAY, FRONTAGE.
IS THIS SIGN WITHIN ANY EASEMENTS? THIS SIGN IS NOT WITH, I MEAN IT'S AT THE SAME EXACT LOCATION AS THE OTHER ONE.
IS THE EXISTING SIGN WITHIN ANY EASEMENTS,
IT'S SET BACK INTO, ONTO THEIR PROPERTY.
I JUST WANTED TO MAKE, YEAH, ALL I CAN SEE IS STREET VIEW AND SOMETIMES IT'S HARD.
NO, IT'S A LOT FURTHER BACK THAN WHAT YOU, ALRIGHT.
UM, ANY QUESTIONS TO COMMISSIONER UNA? YEAH, JUST KIND OF SEEKING THE HARDSHIP HERE.
WHAT, WHAT IS THE HARDSHIP THAT YOU'RE CLAIMING FOR THE VARIANCE REQUEST? BECAUSE IF, IF THE THE CURRENT SIZE AT THIS LOCATION, THE, IT JUST WOULDN'T BE EFFECTIVE FOR WHAT THEY DO BECAUSE LIKE I SAID, HE'S LOOKING AT REPLACING, HE'S NOT ADDING SQUARE FOOTAGE TO SIGNAGE.
HE'S REPLACING ONE WITH THE OTHER.
UM, ANY OTHER QUESTIONS? MANANA, COMMISSIONER MANANA? SO, UM, SO A COUPLE THINGS I GUESS.
SO, SO ONE IS THAT, YOU KNOW, UM, FOR CITY STAFF YOU HAD TWO PICTURES ON PRIOR SCREENS AND JUST WANTED TO CONFIRM THAT THOSE WERE IN COMPLIANCE AND WERE NOT POINTED OUT JUST BECAUSE THEY WERE ALSO OUTTA COMPLIANCE, SO THEY WERE OF CORRECT SIZE.
IS THAT CORRECT? SO ONE WAS ON THE BOTTOM OF BILLBOARD AND THE OTHER ONE WAS, UM, YEAH, SO THERE YOU GO.
SO, SO IT'S KIND OF HARD TO POINT OUT ON THE FRONT SIDE WHAT IS ACTUALLY, UH, THE DIGITAL PORTION AND THEN ON THE BACK SIDE, WHAT PORTION OF IT.
AND SO THOSE ARE SMALL AND LINEAR DISPLAYS, CORRECT? YES SIR.
ART CITY SANTOS, CHIEF LIE INSPECTOR, THAT ONE BILLBOARD THAT IS AN ACTUALLY PERMITTED, UH, DIGITAL BILLBOARD, WHICH WAS ALLOWED BASED ON OUR 2023, UH, ORDINANCE.
THE OTHER SIGN COULD POSSIBLY BE A MULTI-TENANT, WHICH IS ALLOW, UH, LARGER SQUARE FEET ALLOWANCES.
BUT THE, BUT THE FIRST PICTURE THERE IS THAT WHOLE BILLBOARD IS NOT A SIGN.
IT'S JUST A SMALLER, IT'S A LITTLE TINY SUBSET OF THAT.
THAT IS DIGITAL, CORRECT? OR IS THAT WHOLE THING? NO, THE DIGITAL BILLBOARDS ARE ALLOWED TO BE 672 SQUARE FEET.
BUT SO, BUT SO ON THE FIRST PICTURE THERE, THERE'S A SMALL PIECE THAT IS DIGITAL.
IS THAT THE PART THAT'S DIGITAL IS JUST A LOWER PORTION OR IS THAT WHOLE THING, THAT WHOLE FRAME DIGITAL ON THE FIRST ONE? THAT'S TO THE RIGHT.
OH, TO THE, TO THE, TO THE RIGHT.
IT'S A DIGITAL BILLBOARD TO THE LEFT.
IT'S AN ON PREMISES SIGN AND IT'S A MULTI-TENANT SIGN, WHICH TYPICALLY ARE ALLOW A LARGER SQUARE FEET ALLOWANCES FOR DIGITAL.
SO LET ME ASK THE QUESTION A DIFFERENT WAY.
IT, WHAT WE'RE SEEING, THE PICTURE IS, IT'S HARD TO MAKE OUT WHAT THAT IS.
IS THAT, IS IN ITS ENTIRETY A DIGITAL YES.
WHICH IS ALLOWED BY CODE, BY THE ART ORDINANCE.
AND THEN, UM, IF I CAN CHIME IN REAL QUICK, UM, THE SECOND ONE, UM, UH, IN THE MIDDLE, KIND OF THERE ON THE LEFT SIDE, UM, THAT ONE WAS ACTUALLY, IT'S BEEN THERE SINCE LIKE 2005.
UM, SO THAT WOULD'VE PREDATED, UM, THESE DIGITAL REQUIREMENTS.
SO, AND SO I, SO I GUESS TRYING TO UNDERSTAND THE HARDSHIP AS WELL.
'CAUSE I DRIVE BY THIS LOCATION DAILY, UM, MULTIPLE TIMES A DAY ACTUALLY.
UM, AND SO, SO I AM ABLE TO SEE THE CURRENT SIGN VERY WELL.
SO I GUESS TRYING TO FIGURE OUT, UM, WHAT IS THE HARDSHIP, UM, 'CAUSE IT DOES APPEAR, YOU KNOW, IT DOES SEEM LIKE THE CURRENT ONE IS PROVIDING THE VISUAL LINE OF SIGHT.
YOU KNOW, THERE ISN'T ANY OBSTRUCTIONS, UH, YOU KNOW, HILLS, VALLEYS, UM, CHANGES
[02:45:01]
OF, OF, UH, TOPOGRAPHY I GUESS.AND SO TRYING TO UNDERSTAND OUTSIDE OF JUST HAVING A BIGGER SPACE TO DISPLAY A MESSAGE ON, YOU KNOW, IS THERE ANYTHING ELSE WITH REGARDS TO HARDSHIP FOR, UM, A BIGGER SIGN? NOT AS FAR AS, I GUESS WOULD BE A HARDSHIP.
IT WOULD BE THE EFFECTIVENESS OF THAT SIGN.
'CAUSE I SAY THEY'LL SHOW ANYWHERE FROM DEAR DIFFERENT PRODUCTS TO PUBLIC.
THEY'VE BEEN REALLY GREAT IN SAN ANGELO AS FAR AS PUBLIC EVENTS.
AND I MEAN, IT'S A VERY COMMUNITY SUPPORTIVE COMPANY.
AND THEN ONE QUESTION, ONE MORE QUESTION FOR CITY.
SO, SO THIS IS IN THE MILITARY OVERLAY DISTRICT FOR CAMP BULLIS.
AND LORD KNOWS WE DON'T WANT TO, UM, MAKE THEM GO AWAY.
AND SO AS WE ADD LIGHT, YOU KNOW, THEY HAVE THEIR, THE WHOLE THING ABOUT CAMP BULLIS IS NIGHTTIME ACTIVITIES.
AND SO IF WE ADD MORE LIGHTS, YOU KNOW, DOES THIS, DOES THIS WEIGH INTO THAT PICTURE AT ALL? OR ADD TO THAT WITH REGARDS TO, YOU KNOW, THE LIGHT CANOPY, UH, HEADING TOWARDS BULLIS COULD, IS IT IN THAT OVERLAY DISTRICT? SO SURE.
THE PROVISIONS FOR THE OVERLAY DISTRICTS, THEY CANNOT HAVE UPWARD LIGHTING.
SO THEY'LL PUT SOME SORT OF BUFFERS TO, TO SHOW THE, THE SIGN DOWN DOWNWARDS INSTEAD OF UPWARDS.
BILLBOARDS, THEY HAVE A DAMPER ON THEIR DIGITAL SCREEN.
SO IT ALLOWED NOT TO ALLOW OVER SPILL GOING UPWARDS.
BUT IN A, IN A, SO ARE THESE SIGNS DESIGNED SO THAT THERE IS NEVER UPWARD LIGHTING? SO, SO TO ME IT'S A, YOU HAVE A DAMPER, YOU HAVE LIKE A LITTLE LOUVER ON TOP OF THE, OF THE EAST OF THE UNIT.
SO, SO IT SHOWS THE SIGN THE LIGHT FACING DOWN ON A NORMAL BILLBOARD.
BUT ON A, ON A LCD PANEL, UM, BASICALLY IT'S A LIGHT THAT'S HAS LIKE 135 DEGREE DIRECTION ON.
NO, EVEN THE BILL, EVEN THE BILLBOARDS, THEY, THEY HAVE THE LITTLE DAMPER.
THEY'RE SUPPOSED TO HAVE THOSE DAMPERS.
THEY DO THAT SO THAT THE DIGITAL BOARDS CREATE MORE OF A GLOW AROUND THEM THAN THEY DO.
THEY DON'T PROJECT LEDS LIKE THIS DON'T PROJECT UPWARDS DOWNWARDS OR WHATEVER.
IT'S MORE OF A GLOW AROUND THE SIGN AS FAR AS ANY LIGHTING THAT'S OUTSIDE OF THE, THE STRUCTURE ITSELF.
AND REGARDLESS OF THE DECISION TODAY, THE DIGITAL BILLBOARD, UM, WOULD BE REQUIRED TO COMPLY WITH THE MLOD ORDINANCE.
UM, RIGHT NOW WE'RE NOT, IT, WHAT'S ON HERE IS NOT WHETHER OR NOT THE DIGITAL BILLBOARD IS ALLOWED.
IT IS, IT'S JUST THE SIZING THAT Y'ALL ARE REVIEWING.
BUT WHERE I WAS GOING IS EVENTUALLY WE'RE, YOU KNOW, POTENTIALLY IMPACTING THE MLD REQUIREMENT.
'CAUSE WE KEEP ADDING THESE ALL THE WAY DOWN.
AT SOME POINT IT WILL BE IMPACTFUL.
SO, AND SO THE QUESTION IS, YOU KNOW, RIGHT.
BUT RIGHT NOW THE ORDINANCE DOESN'T ALLOW ANY UP LIGHTING.
IT, IT DOESN'T RESTRICT, IT'S NOT A LOWER AMOUNT.
IT'S, IT'S FLAT, NOT ALLOWED UPWARD.
AND SO IN THE MLOD ORDINANCE, REALLY, EVEN IF YOU HAVE IT ALL ALONG THE CORRIDOR, YOU'RE NOT GETTING THE UPWARD LIGHTING.
SO MY QUESTION HAS TO DO WITH, UM, IF THIS WERE TO GET APPROVED, WOULD THEY BE ALLOWED TO PUT ANY OTHER TYPE OF NON BUILDING SIGNAGE UP? UH, OKAY.
THERE, THIS WILL BE AN ON-PREMISE SIGN.
THEY WILL NOT BE ALLOWED TO DO ANY OFF-PREMISE ADVERTISING, EVEN IF IT'S A COMMUNITY MESSAGE OR ANYTHING LIKE THAT.
BUT THEY CAN'T HAVE ANY OTHER SIGNAGE LIKE ON THIS POST OR ANOTHER POST.
I MEAN, THIS IS, THIS WOULD BE IT, RIGHT? LIKE YOU CAN'T HAVE A DIGITAL SIGN IN CONJUNCTION WITH A NON-DIGITAL SIGN ON THIS POST.
THE ALLOWANCE ON THE, ON THIS CORRIDOR IS 350 SQUARE FEET.
SO OUT OF THE 350 SQUARE FEET, YOU ALLOW 25% OF THAT TO BE DIGITAL, WHICH IS A 87.5 SQUARE FEET.
SO THEY COULD STILL PUT IN A 350 SQUARE FOOT REGULAR SIGN? NO.
THEY CANNOT, THEY CAN'T PUT ANY OTHER REGULAR STUFF.
AND THEN, UH, A, A QUESTION FOR THE APPLICANT.
KNOW IF YOU AWARE OF THE HISTORY, BUT UH, ON SOME OF THE PICTURES THAT WERE SEEN BY STAFF, THERE'S SOME TREES AND VEGETATION THERE.
BUT WHEN I GO TO STREET VIEW VIEW, I DON'T REALLY SEE THAT.
HAVE THERE BEEN TREES REMOVED OR ANYTHING? NO.
I, IN, AS I CAME BACK IN TO TOWN TODAY, COMING FROM SAN ANGELA, THE THESE PICTURES ARE REALLY KIND OF SKEW, LIKE THESE ARE RECENT WHEN YOU DRIVE BY.
THESE ARE RECENT PICTURES? YES.
BUT AT, AT ACTUAL TRAVEL LEVEL AND EVERYTHING, THE SIGN OKAY.
I MEAN, WHETHER OR NOT THERE'S, THERE'S VISUAL BREAKS IN THE WAY.
I MEAN, I'M JUST CURIOUS TO SEE IF IT YEAH, NO, IT'S ALRIGHT.
ANY OTHER QUESTIONS? IS THERE ANY VOICEMAILS THAT ANYONE SOUNDED TO SPEAK? YES.
UH, WE HAVE ONE VOICEMAIL AND TWO SPEAKERS.
ALL RIGHT, WELL, WE'RE GONNA HEAR THE, WE'RE WE'RE HEAR FROM THE CITIZENS AND WE'LL SEE IF WE HAVE ANY QUESTIONS.
[02:50:21]
CO WA 1603 TART LANE, SEVEN EIGHT TWO THREE ONE.MEMBERS, THANK YOU FOR YOUR SERVICE TO OUR COMMUNITY.
I APPRECIATE THE OPPORTUNITY TO SPEAK TO YOU TODAY.
I'M HERE ASKING YOU TO DENY THE SIZE BEARING TO ALLOW A FULL SIZE DIGITAL SIGN AS REQUESTED.
THE PETITIONER HAS NOT SHOWN THAT SIGN ERECTED UNDER THE CURRENT STANDARDS WOULD NOT ALLOW, ALLOW FOR AN ONGOING SUCCESSFUL BUSINESS AT THAT LOCATION.
THERE'S NOTHING ABOUT THE LOCATION THAT NECESSA NECESSITATES.
GRANTING OF THE EXPERIENCE WOULD CREATE AN ADVANTAGE TO THIS BUSINESS NOT ENJOYED BY OTHER BUSINESSES IN THE CORRIDOR.
THIS SIZE RESTRICTION IS IN PLACE ON MANY URBAN CORRIDORS THROUGHOUT SAN ANTONIO.
THESE STANDARDS HAVE BEEN ESTABLISHED BY COMMITTEES CON ASSISTING OF BOTH, UH, BUSINESSES, SIGN REPRESENTATIVES AND COMMUNITY MEMBERS, UM, IN, IN A THOROUGH PROCESS ALLOWING FOR PUBLIC COMMENT.
UM, ANY SUBSTANTIAL CHANGES TO IT SHOULD GO THROUGH THE SAME PROCESS WHERE THERE'S FULL UH, PUBLIC ENGAGEMENT.
ALRIGHT, FIRST SPEAKER, WE HAVE, UH, STACY MCINTYRE.
THAT'S JUST THE PROPERTY OWNERS.
ALRIGHT, SO THERE'S UH, ANY OTHER FURTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ.
OKAY, I'M STILL TRYING TO GET MY HEAD AROUND THIS PROJECT AND I'M STILL TRYING TO FIGURE OUT, UH, SIR, THE APPLICANT.
IS THERE ANY REASON WHY YOU COULDN'T STAY AT THE 87 SQUARE FEET OR MAYBE EVEN GO TO 90? BUT THAT'S ABOUT AS FAR AS I WOULD GO.
WELL THE QUESTION THAT THE OWNERS OF, OF THE DEALERSHIP OR FAMILY POWER SPORTS PROPOSED WAS, CAN WE GO TO THE SAME SIZE THAT WE HAVE AT THE OTHER LOCATION? THE REASON BEING THAT SIZE AT THE SPEED OF, I MEAN, JUST THE EFFECTIVENESS OF ACTUALLY ACCOMPLISHING WHAT THEY WANT TO AS FAR AS SHOWING THEIR MERCHANDISE AND THAT KIND OF STUFF.
THOSE TYPE, YEAH, BUT MY BIGGEST THING IS DIGITAL ALWAYS DISTRACTS MORE THAN ATTRACTS TO, TO ME AND I'M SURE TO A LOT OF OTHER PEOPLE.
SO I'M JUST TRYING TO FIGURE OUT IF, IF IT'S DIGITAL, IF IT'S THAT BIG, WOULD IT REALLY HELP? THAT'S MY THING.
SO I'LL, I'M GONNA ASK THIS QUESTION.
WHAT IS THE BIGGEST OR THE SMALLEST DIGITAL SIGN THAT YOU CAN LIVE WITH? BECAUSE IF, IF, IF WE CAN'T GET TO NINE VOTES, MAYBE YOU CAN GET TO NINE.
IF YOU, IF YOU ASK FOR SOMETHING SMALLER, IS THERE A SMALLER SIZE THAT YOU CAN OFFER UP THAT MAYBE WE CAN ENTERTAIN? I MEAN, YOU'RE ASKING FOR TWO 10, THE MAX IS 87.
COULD ONE 50 DO IT FOR YOU? I THINK HE, I THINK HE WOULD WORK WITH, I MEAN, COULD WORK WITH ONE 50.
NO, NO, I MEANT THAT'S DEFINITELY ALRIGHT, WELL, UM, I'M JUST PUTTING THAT OUT THERE.
SO IF THERE'S A, WHOEVER LIKE TO MAKE THE MOTION, I THINK IF YOU WENT DOWN TO A, UM, THE MAX VARIANCE FOR THE MAXIMUM TWO 10, SO YOU COULD GO, YOU COULD DO A 60.5 FOOT VARIANCE AND GET IT DOWN TO ONE 50, IT MIGHT BE SOMETHING.
IS THERE ANYONE WHO'D LIKE TO MAKE A MOTION? ZUNA? I'LL TAKE IT.
REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 5 2, I MOVED AT THE BOARD OF ADJUSTMENT GRAND REQUEST FOR A 60.5 SQUARE FOOT VARIANCE FROM THE MAXIMUM 87.5 SQUARE FOOT VARIANCE FOR A DIGITAL SIGN OF SIGN TO ALLOW FOR 150 SQUARE FOOT DIGITAL SIGN SITUATED AT 11,900 IH 10 WEST APPLICANT BEING FAST SIGNED TO SAN ANGELO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FOUND THAT ONE, THE VARIANCE IS NOT CON THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGN ON THIS SIGNAGE ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS DIMENSIONS, LANDSCAPING OR TOPOGRAPHY, AND A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE CESSATION OF LEGITIMATE LONGSTANDING
[02:55:01]
ACTIVE COMMERCIAL USE OF THE PROPERTY.THE PERMITTED, UH, DIMENSIONS WILL CAUSE A CESSATION OF LEGITIMATE LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY DUE TO THE LIMITED DIGITAL DISPLAY AREA TO PROPERLY DISTRIBUTE COMMERCIAL INFORMATION.
THREE, AFTER SEEKING ONE OR MORE THE FOLLOWING SET FORTH IN SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH THE, WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY BY OTHERS.
SIMILARLY, UH, SIT, UH, SITUATED OR POTENTIALLY SIMILARLY SITUATED.
THE PROPOSED DIGITAL SIGN DOES NOT APPEAR TO PROVIDE A SPECIAL PRIVILEGE AS EXISTING DIGITAL SIGNS IN THE AREA HAVE SIMILAR SQUARE FOOTAGE.
B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
UH, THE PROPOSED VARIANCE DOES NOT APPEAR TO HAVE AN OBER, UH, HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES AS A DIGITAL SIGN.
SQUARE FOOTAGE WILL BE OF SIMILAR SIZE TO THE EXISTING NON-DIGITAL SIGNS.
AND C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE.
THE PROPOSED DIGITAL SQUARE SIGN SQUARE FOOTAGE DOES NOT APPEAR TO POSE A HAZARD NOR DANGER TO THE SURROUNDING PROPERTIES THAT MUST FOLLOW THE SAFETY REGULATIONS OF ALL THE SIGNED CODES AND OF MOTION.
SECOND, UH, WE HAVE A SECOND BY COMMISSIONER MANNA.
YEAH, I THINK THIS IS KIND OF A GOOD COMPROMISE, RIGHT? I MEAN IF YOU LOOK AT, UH, ALTHOUGH WE DIDN'T HAVE ANY, UH, YOU KNOW, SPEED, SPEED, UH, KIND OF, UH, UH, DATA OR ANY KIND OF VISIBILITY DATA, YOU KNOW, I THINK THERE IS KIND OF THE CURVE ON I 10 THERE, THERE MAY BE SOME OF THE TREES THAT IMPACT THE SIGN A LITTLE BIT AND I, I THINK, YOU KNOW, THE CREATING THIS, THE ADDITIONAL SQUARE FOOTAGE AGAINST WHAT THEY'RE ALLOWED IS KIND OF A MEDIATED, UM, UH, YOU KNOW, UM, AGREEMENT HERE THAT, YOU KNOW, THE 150 FOOT SHOULD SERVE AS PURPOSE AS HE AS HE STATED AND IT KIND OF MINIMIZES THE IMPACT OF THAT DIGITAL BOARD ALONG I 10.
UM, I'M GONNA BE IN DISAGREEMENT WITH MY COLLEAGUE.
UM, SO, UM, THERE WASN'T ANY SUBSTANTIAL JUSTIFICATION PROVIDED FOR WHY, I GUESS THE HARDSHIP ITSELF OUTSIDE OF JUST A BIGGER SIGN.
UM, THE CITY OF SAN ANTONIO, UM, COMMUNITIES, BUSINESSES ALL SAID THIS IS, THIS IS THE BIGGEST SIGN THEY WANTED AND ALL OF A SUDDEN WE'RE GONNA GRANT SOMEBODY ACCESS TO A BIGGER SIGN SIMPLY BECAUSE THEY'RE ASKING.
AND I, YOU KNOW, I CAN'T RIDE THAT, UM, UH, DOWN THAT PATH.
UM, ALSO, YOU KNOW, I, I'M STRUGGLING A LITTLE BIT WITH THE PICTURES HERE, UH, THAT ARE BEING SHOWN BECAUSE, YOU KNOW, IF YOU LOOK AT GOOGLE MAPS, THAT'S NOT WHAT THE STREET LOOKS LIKE.
AND SO THOSE TREES, YOU KNOW, I JUST SEE THE SIGN AS IT IS, YOU KNOW, EVERY DAY JUST BASICALLY OUT IN THE MIDDLE OF THE, OF THE LOT.
SO THERE'S NO OBSTRUCTIONS AT ALL.
AND, UM, YOU KNOW, THE, THE HIGHWAY IS ELEVATED SO YOU CAN CLEARLY SEE ON SIGN FOR A LONG WAY.
AND SO, SO I, SO IF THEY PUT A BILLBOARD ON TOP OF IT, UM, THAT WILL PROVIDE A LONG VIEW OF WHATEVER IT'S THAT THEY PUT UP ON TOP OF IT, UH, UNOBSTRUCTED FROM MY PERSPECTIVE.
SO, SO I HAVE ALL KIND OF REASONS WHY IT IS THAT I WON'T BE SUPPORTING IT, SO.
ANYONE ELSE LIKE TO ADD? UH, I'M JUST GONNA UH, CHIME IN.
YOU KNOW, GOING DOWN I 10 IN THIS AREA, THERE'S A REALLY, REALLY GOOD SEPARATION BETWEEN THE DIFFERENT BUSINESSES.
UH, I I DON'T, I I THINK MAYBE A LARGER SIGN IS WARRANTED.
I COULD NEVER GO UP TO WHAT THE APPLICANT WAS ASKING FOR.
HOW WAS IT SHOOTING FOR? AND IT SHOULD BE A 62.5 FOOT VARIANCE.
I MAY HAVE GIVEN YOU THE WRONG NUMBER.
SO, UM, YOU KNOW, BEFORE WE GO ON TO VOTE, IF THERE'S ANYBODY HERE THAT'S ON THE FENCE AND THEY WANT IT EVEN SMALLER OR, OR IF THERE'S ANYTHING THEY WANT TO OFFER A FRIENDLY AMENDMENT TO.
I WAS JUST TRYING TO PUT SOMETHING OUT THERE.
MR. DEAN, WHAT ARE WE AT AGAIN? ONE 50, RIGHT? ONE 50.
IS THERE ANYONE ELSE LIKE TO ADD OR CHIME IN? NO.
ALRIGHT, LET'S HAVE A ROLL CALL.
COMMISSIONER OZUNA? YES, I CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BEES? I DO NOT CONCUR.
UH, BUT MOTION FAILS SEVEN TO FOUR.
UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
AND THEY'LL, THEY'LL EXPLAIN TO YOU IF YOUR ABILITY TO APPEAL IF YOU SO DESIRE.
OKAY, I THINK WE ARE ON ITEM NINE, LAST CASE.
[03:00:06]
YEAH, RIGHT.BUT ACCOMMODATION, BUT WHEN? NINE, NINE, SORRY, NUMBER NINE.
AND, UH, IF WE CAN DO ITEM NUMBER NINE NEXT WE'RE ABOUT TO LOSE A SPANISH INTERPRETER.
UM, AND NINE NEEDS A INTERPRETATE.
IT'S OUR LAST CASE, SO LET'S HAVE THE INTERPRETER COME OUT.
WE DO, UH, ITEM NUMBER NINE, NEXT PLEASE.
MY NAME'S JOELLE VELA, SENIOR ZONING PLANNER WITH THE DEVELOPMENT SERVICES DEPARTMENT.
UM, THIS IS CASE NUMBER NINE, BO A DASH 25 3 0 0 2 6.
SUBJECT ADDRESS IS 37 23 COLLIBRA ROAD COUNCIL DISTRICT SEVEN APPLICANT IS IRVING ALEMAN.
UH, THIS IS A REQUEST FOR ONE A ONE INCH, EXCUSE ME, ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW FOR A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
AND TWO, A VARIANCE FROM THE FENCE MATERIALS TO ALLOW FOR A CORRUGATED METAL FENCE.
UH, THE ZONING IS C3 NA, UH, MLOD TWO MLR TWO A HOD.
IN SUMMARY, THE SUBJECT PROPERTY IS LOCATED EAST OF CALLAHAN ROAD SITUATED BETWEEN ROANOKE STREET AND MAIDEN LANE ALONG CBRA ROAD.
ON DECEMBER 17TH, 2024, CODE ENFORCEMENT INVESTIGATED THE SUBJECT PROPERTY FOR CONSTRUCTION OCCURRING ON THE PROPERTY WITHOUT OBTAINING PERMITS.
THE APPLICANT BEING THE OWNER, UH, IS REQUESTING THE VARIANCE TO ALLOW FOR A CORRUGATED METAL FENCE LOCATED ALONG THE REAR AND SIDE YARD TO REMAIN ON THE PROPERTY.
ADDITIONALLY, DURING THE SITE VISIT, STAFF FOUND THAT THE FRONT YARD FENCE REQUIRES A ONE FOOT SPECIAL EXCEPTION TO ALLOW FOR A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
PERMITS ARE PENDING THE OUTCOME OF THE BOARD OF ADJUSTMENT.
THIS IS AN AERIAL VIEW OF THE SUBJECT PROPERTY.
I SHOWN OUR HISTORICAL VIEWS OF THE PROPERTY AND THIS IS THE SUBJECT PROPERTY AS WELL.
I, THIS WILL SHOW THE AREA TO BE REMOVED AND THIS IS THE SURROUNDING AREA FROM ACROSS THE STREET, EAST OF CBRA ROAD, WEST OF CBRA ROAD FOR THE FENCE HEIGHT.
SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL FOR THIS CASE BASED ON THE FOLLOWING FINDINGS OF FACT, THE FENCE SPECIAL EXCEPTION APPEARS TO CREATE ADDITIONAL ENHANCED SECURITY FOR THE PROPERTY WITHOUT IMPEDING THE SAFETY OR AESTHETICS WITHIN THE SURROUNDING AREA.
AND TWO, THE FENCE SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED FOR THE FENCE.
MATERIAL REQUEST STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, SECURITY CAN BE PROVIDED ON THE LOT BY A NON PROHIBITED FENCE MATERIAL.
AND THE USE OF CORRUGATED METAL DOES NOT APPEAR TO PROVIDE ANY ADDED SECURITY TO THE PROPERTY AS ABUTTING SINGLE FAMILY DWELLINGS TO THE NORTH AND THE INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT THE NEIGHBORHOOD LOOK AND CHARACTER.
AND THREE, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF MAILED OUT 19 NOTICES ZERO WERE RECEIVED BACK IN FAVOR AND ZERO WERE RECEIVED IN OPPOSITION.
COLLIBRA PARK NEIGHBORHOOD ASSOCIATION DID RESPOND IN FAVOR TO THE REQUEST.
AND HERE IS THAT RESPONSE IN FAVOR FROM THE CBRA PARK NEIGHBORHOOD ASSOCIATION, AND WE RECEIVED NO OPPOSITION HERE.
AND THAT CONCLUDES STAFF'S PRESENTATION.
[03:05:01]
TO THE BOARD THAT WHEN THIS WAS INITIALLY PRESENTED AS IT HAD TO BE READVERTISED 'CAUSE OF THE CORRUGATED METAL IN FRONT OF THE FRONT PLANE OF THE STRUCTURE, WAS THAT THE REASON DO WE HAVE THAT INFORMATION? UM, SO YEAH, HE HAD SOME, OR THEY HAD SOME CORRUGATED METAL IN THE FRONT.UM, BUT ALSO THEY WANT TO SHOW THE, UM, THE PREDOMINANTLY OPEN FENCE IN PLACE OF THE CORRUGATED METAL IN FRONT OF THE FRONT FACADE.
AND THEY HAD GIVEN US AN EXHIBIT THAT SAID THAT THE HEIGHT WAS FIVE FEET.
BUT THE APPLICANT, WHEN HE WAS HERE, CONFIRMED THAT THAT WAS NOT ACCURATE, THAT IT IS ACTUALLY SIX FEET.
SO THAT IS WHY WE HAD TO REDO IT.
THAT'S, I THINK I, I VAGUELY REMEMBER THOSE TWO ISSUES.
UM, LET'S HAVE THE APPLICANT COME FORWARD.
UH, MS. CHAIRMAN, MEMBERS OF THE BOARD MEETING IS GUS.
I'M THE ENGINEER AND THE AGENT, UH, FOR MR. ALEMAN WHO'S HERE TODAY TO REPRESENT HIMSELF.
IF YOU HAVE ANY QUESTIONS, WE DID GO BACK, AS YOU SUGGESTED, GO BACK TO THE COLLIBRA NEIGHBORHOOD ASSOCIATION.
AND THEY, YOU CERTAINLY SAW A LETTER THAT THEY WOULD APPROVE IT.
HE ALSO WENT TO THE NEIGHBOR AND THE NEIGHBOR, THEY, THEY CAME TO AN AGREEMENT.
UH, HE SAID THE NEIGHBOR SAID HE WASN'T GONNA SHOW UP TODAY BECAUSE THEY, THEY SETTLED THEIR ISSUE.
UH, MR. ALEMAN HAS ALSO, WE AGREED LAST TIME AS FAR AS THE, THE FENCE, THE CORRUGATED FENCE TO THE FACADE OF THE, OF THE BUILDING.
UM, YEAH, SO, SO AGAIN, THE TWO VARIANCES ARE, IS A SOLID FENCE IN THE BACK.
YOU CAN'T SEE IT FROM BRAND NEW ONE.
YOU CAN'T SEE IT FROM, HE JUST, YOU KNOW, I'M SURE HE IS GONNA HAVE CERTAIN VEHICLES BACK THERE AND HE JUST WANTS SECURITY.
AS FAR AS A WROUGHT IRON FENCE, AGAIN, IT'S A SIX FOOT FENCE AND, UH, IT'S, IT'S CIRCLING THE FRONT FOR SECURITY AND CLOSING THE GATE AND THAT KIND OF THING, SO.
CERTAINLY THE, THE, THE OWNER'S HERE, IF YOU HAVE ANY QUESTIONS FOR HIM AS WELL.
DID, AND, AND REFRESH MY MEMORY, WAS THERE A DISCUSSION OF WHETHER OR NOT, UH, THERE WAS AN AMENDMENT TO THE APPLICATION TO INCLUDE A CAP ON THE CORRUGATED METAL? UH, YE I DON'T THINK WE GOT THAT FAR LAST TIME.
I, I THINK THERE'S A CAP ON ONE SIDE, BUT YEAH, WE'D CERTAINLY AMEND THE APPLICATION TO INSTALL A CAP ALL THE WAY AROUND.
WELL THEN WE'LL TAKE THAT AS AN AMENDMENT TO THE APPLICATION TO INCLUDE A CAP ON THE CORRUGATED MEDAL.
UM, IS THERE ANY, UH, QUESTIONS FROM THE BOARD? IS THERE ANY VOICEMAILS, ANYONE SIGNED TO SPEAK? NO PUBLIC COMMENT.
SO JUST, JUST WANTED TO CLARIFY.
SO, SO ONE OF THE STIPULATIONS THAT, UH, KBRA PARK HAD STATED WAS THE PANEL WOULD NOT BE FORWARD OF THE FRONT LINE OF THE EXISTING PARKING STRUCTURE.
SO THAT'S BEEN MET, CORRECT? OR THAT IS, THAT IS THE INTENT OF WHAT'S GONNA BE ASKED.
UH, I'M SORRY, SAY THAT AGAIN.
SO, SO, UH, PART OF THE DIALOGUE FROM, UH, KBRA PARK WAS THAT THEY WANTED THE R PANEL NOT TO, NOT TO MOVE FORWARD OF THE FRONT LINE OF THE EXISTING GARAGE.
AND SO THAT'S WHAT IT IS THAT YOU ARE ASKING FOR, CORRECT? THAT IS, THAT IS CORRECT.
ANYTHING GOES, I THOUGHT I UNDERSTOOD THAT, BUT JUST WANNA MAKE SURE.
UH, THERE'S NO OTHER QUESTIONS.
SO THERE'LL BE TWO MOTIONS HERE, SO I'LL, I'LL READ BOTH OF THEM, BUT WE'LL DO THE FIRST ONE HERE.
FIRST, REGARDING CASE NUMBER BOA 2 5 1 0 3 0 0 0 2 6, I MOVED THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT, UH, 3 7 2 3 COBRA ROAD APPLICANT.
BE IRVING AMAN, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACT OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS ORDINANCE AS A SIX FOOT FRONT YARD, PREDOMINANTLY, PREDOMINANTLY OPEN FENCE WILL PROVIDE SCREENING FOR THE COMMERCIAL STRUCTURE AND WILL NOT INJURE THE NEIGHBORING PROPERTIES OR IMPEDE THE RIGHT OF WAY.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE APPEARS TO SERVE THE PUBLIC WELFARE AND CONVENIENCE AS THE ADDITIONAL FENCE HEIGHT PROVIDES ADDITIONAL SECURITY TO THE SUBJECT PROPERTY AND ABUTTING PROPERTIES.
C THE DAMING PROPERTIES WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE HEIGHTS SPECIAL EXCEPTION APPEARS TO CREATE SEPARATION AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTIES AND WILL BE WITHIN ONE FOOT OF THE UDC FENCE GUIDELINES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE HEIGHT DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION FOR WHICH A SPECIAL EXCEPTION IS SOUGHT.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL WELFARE
[03:10:01]
OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED BY THE SPECIFIC DISTRICT.THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AND WILL PROVIDE SECURITY FOR THE SUBJECT PROPERTY.
SECOND BY COMMISSIONER STEVENS.
SO I'LL BE VOTING IN FAVOR OF THIS.
UM, SO, SO THANK YOU FOR, FOR REACHING OUT TO COLLIBRA PARK 'CAUSE YOU KNOW, GETTING THEM TO BUY INTO THIS IS MEANS THE WORLD TO ME, CERTAINLY.
UM, AND THEN I THINK, YOU KNOW, AS I DRIVE DOWN, UM, UH, KBRA, I, YOU KNOW, THIS IS NOT OUTTA CHARACTER WITH THE, WITH WHAT I SEE AS I DRIVE DOWN THAT.
SO, SO I THINK IT WILL BE, UH, TIE IN NICELY, I GUESS TO THAT COMMUNITY.
ALL RIGHT, THANK YOU COMMISSIONER STEVENS.
I CONCUR WITH EVERYTHING THAT COMMISSIONER MANNA SAID.
AND ANYONE ELSE LIKE TO ADD HEARING UNANIM HAVE ROLL CALL, VOTE ON THE, UH, PREDOMINANTLY OPEN FENCE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVEN? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
CHAIR OR AND YES, I CONCUR WITH THE FINDINGS OF FACT OF MOTION REGARDING THE PREDOMINANTLY DEFENSE.
PASSES NOW ONTO THE CORRUGATED METAL REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 2 6.
I MOVED THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR A VARIANCE FROM THE FENCE MATERIALS TO ALLOW A CORRUGATED METAL FENCE SITUATED AT 3 7 2 3 CLA ROAD, UH, APPLICANT BEING IRVINE IRVING, UH, AMAN BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTERS' PROPERTY IS SUCH AS LITTLE ENFORCEMENT OF THE PROVISIONS OF THE EDC AS A MINIMUM RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS FENCE MATERIAL WILL PROVIDE ADDITIONAL SECURITY AND PRIVACY FOR THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE FENCE MATERIAL ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD NEED TO DISMANTLE AND REMOVE THE FENCE ON THE PROPERTY AND LOSE THE ADDITIONAL SECURITY AND PRIVACY AFFORDED BY THE FENCE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS A REQUESTED FENCE MATERIAL WILL PROVIDE ADDITIONAL SAFETY AND SECURITY FOR THE PROPERTY.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH HIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM OF PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS THAT THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTY AS THE FENCING MATERIAL IS NOT OUT OF CHARACTER FOR COMMERCIAL USAGE AND THE SURROUNDING PROPERTIES.
SIX, APPLIED TO THE OWNER 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 AND DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND OF MOTION.
SECOND BY COMMISSIONER STEVENS.
COMMISSIONER MANNA FOR THE SAME THINGS MENTIONED BEFORE.
I'LL BE VOTING IN FAVOR OF THIS.
COMMISSIONER STEVENS? YES, I CONCUR WITH THAT.
AND, AND JUST TO CLARIFY, DID YOUR MOTION INCLUDE UH, REFERENCE TO THE CAP AND I'M SORRY, THE REFERENCE FOR THE CAPS.
SO, SO, SO, AND THE APPLICANT DID INCLUDE CAPS ON, ON THE FENCING.
SO, UM, SO WE DO LOOK FOR THE SAFETY OF OUR AND DID YOU SPECIFY, UH, SIDE AND REAR YARD ONLY? UH, UM, DO I NEED TO, 'CAUSE IT'S, UM, THIS WOULDN'T BE PART OF THE SIDE YARD SINCE IT'S ALL IN FRONT OF THE FRONT FACADE.
YEAH, IT'S FOR THE SIDE AND REAR YARD.
SORRY, OPPOSITE OF WHAT I SAID.
FOR, FOR SIDE AND REAR YARD? I GUESS SO.
'CAUSE THE REST OF THE REST OF THE MOTION, PRIOR MOTION WAS FOR THE ENTIRE FRONT YARD, SO, OKAY.
SEE THAT'S WHY I WAS CURIOUS TO READ TWO MOTIONS.
THEY COULD THEY INVOKE THAT IF THEY WANTED TO LATER? I, I WAS GOTCHA.
SO THE MOTION, UH, FOR A, UH, CO METAL WITH CAB LIMITED TO THE SIDE AND REAR YARD, IS THAT ACCEPTABLE? COMMISSIONER STEVENS, THANK YOU FOR CLARIFICATION.
I JUST WANNA MAKE SURE, UH, LIMITED.
WE TALKING ABOUT THE SIDE AND REAR.
SO IT CAN'T GO PAST THE FRONT OF THE BUILDING, THE FRONT PLANE OF THE BUILDING? YEAH, WELL I DON'T HAVE A BIG PROBLEM WITH THE SIDES, BUT I DO HAVE A PROBLEM WITH THE REAR YARD.
IS THERE ANY WHILE, WHILE WE'RE ON THE SUBJECT, IS THERE ANY COMMISSIONERS THAT WOULD LIKE TO CHIME IN ON THAT SUBJECT? OKAY.
I THOUGHT HE HAD SUPPORT FROM THE NEIGHBOR BEHIND HIM, UH, ABOUT THE FENCE, UH, CORRUGATED METAL FANS.
WAS THERE, WAS THERE SUPPORT FROM
[03:15:01]
ANY OF THE NEIGHBORS OF BUDDING IN THE REAR? DID YOU GO BACK TO THE NOTIFICATION? WE DID NOT RECEIVE ANYTHING.SO WHAT WE'LL DO IS, UM, IF, UH, I THINK WE'RE GONNA LET THE VOTE MOVE FORWARD.
WE'LL SEE IF THERE'S, IF IT, IF IT CAN ACHIEVE IT.
IF NOT, WE, WE WILL HAVE TO, UH, SEE WHAT WE'RE GONNA DO ABOUT THAT.
SO LET'S HAVE A, LET'S HAVE A ROLL CALL VOTE AND SEE WHERE THIS COMES OUT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
UM, WITH THAT, UH, CONGRATULATIONS.
IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
[ Approval of Minutes ]
ALL RIGHT, NEXT IS THE MINUTES.ARE THERE ANY AMENDMENTS TO THE MINUTES BEFORE WE MOVE FORWARD? UH, ANY, UM, AMENDMENTS THAT I RECEIVED IN THE MAIL WERE UPDATED ON THE MINUTES THAT I SENT THIS MORNING.
I DIDN'T SEE ANY, UH, WHEN I LOOKED AT IT LATER, SO I MOVED.
SECOND BY COMMISSIONER BARRINGTON.
[ Director’s Report ]
UM, UH, MINUTES PASS.IS THERE A DIRECTOR'S REPORT? NOTHING TO REPORT.
NOTHING REGARDING FIESTA OR ANYTHING CHANGES? WELL, I WAS JUST GONNA DO IT UP.
NO, I MEAN THERE YOU SHOULD HAVE GOTTEN YOUR TICKETS.
THERE'S A COUPLE OF DISTRICTS THAT HAVE NOT.
UM, BUT WE ARE WORKING ON THE THOSE TWO.
AND JUST FOR THE RECORD, THE CITY OF SAN ANTONIO DOES NOT COORDINATE THIS.
THIS COMES FROM THE CONSERVATION SOCIETY, WHICH WE HAVE NO DIRECT IMPACT WITH OR ASK THEM FOR ANYTHING.
SO THIS IS THE CONSERVATION SOCIETY GIVING THOSE TICKETS TO THE COMMISSIONERS, NOT TO THE CITY.
SO WHAT, UH, IS THERE ANYTHING GOING ON NEWS FOR THE CITY AS FAR AS ANY CLOSURES OR ANY, ANYTHING GOING ON WITH ONE STOP THAT ONE STOP.
WE, WE DON DON'T 'CAUSE OF FIESTA OR ANYTHING.
WE ONLY HAVE, I BELIEVE, UH, NEXT FRIDAY THERE IS A CITY HOLIDAY, UM, FOR THE CITY OF SAN ANTONIO.
UH, SO THAT WILL BE AN APPROVED HOLIDAY THAT WAS APPROVED BY CITY COUNCIL ALREADY.
SO THAT'S ON THE CITY CALENDAR.
UM, BUT IF ANY WE, OUR CUSTOMERS ARE STILL ABLE TO SUBMIT THROUGH OUR PORTAL OKAY.
AND THEN WE WILL START TO REVIEW THOSE THE NEXT BUSINESS DAY.
WE ARE BACK IN THE OFFICE, WHICH WILL BE THE FOLLOWING MONDAY.
I WAS JUST WONDERING IF Y'ALL STILL DO THAT LITTLE CHAIR PARADE.
THOSE ARE FUNDRAISERS THAT WE DO FOR THE CHARITABLE CAMPAIGN.
I DON'T BELIEVE WE HAVE ANY OF THOSE GOING ON AT THIS TIME, BUT THANK YOU.
FIRST TIME SAW FOR THE REMINDER SAW.
I WAS LIKE, WHERE DID THIS GO FROM? OKAY, MELISSA, HOW ABOUT OUR WONDERFUL FIESTA PINS? AND SO THE OTHER THING IS, IS WE ARE CUTTING BACK DEVELOPMENT SERVICES, IS CUTTING BACK ON SPENDING MONEY, UH, WITH EVERYTHING GOING ON IN THE ECONOMY.
SO THEY, THERE IS SOME THAT WERE LIMITED, BUT UNFORTUNATELY FOR THE DEPARTMENT, WE DON'T HAVE DEDICATED DSD UH, FIESTA PINS.
MELISSA, YOU KNOW, HE'S HIDING, SO THAT MEANS HE'S GOT SOMETHING HE'S SUPPOSED TO HAVE DONE.
THERE ARE SOME GRAFFITI PINS THAT ARE OUT THERE, BUT TO BE HONEST, I DON'T KNOW HOW MANY, BUT THOSE ARE NOT, NOT DSD UH, OVERALL DEPARTMENT PINS.
UM, SO OUR GRAFFITI TEAM DOES THIS FUNDRAISER TO, UM, WITH SCHOOLS TO HELP PROMOTE GRAFFITI AND EDUCATE OUR SCHOOL DISTRICTS.
SO THEY CREATE THOSE TO HELP, UH, COMMUNICATE THAT MESSAGE OUT.
FOR THOSE, FOR THOSE COMMISSIONERS THAT UNFORTUNATELY DIDN'T GET THEIR TICKETS TODAY, DO THEY NEED TO BE ADVOCATING WITH SOMEBODY TO FOLLOW THROUGH OR? I WOULD RECOMMEND COORDINATION WITH THE CONSERVATION SOCIETY.
WELL IF THERE'S, AND I APOLOGIZE FOR THEM IF THERE'S NOTHING ELSE, UH, THANK Y'ALL EVERYBODY AND HAVE A GREAT REST OF THE WEEK.
IT'S 4 28 AND WE'RE ADJOURNED.