[00:00:03]
[ Briefing and Possible Action on the following items ]
THE PRESENTATION AND BEGIN THE BOARD MEETING FOR TODAY.UH, PLEASE BE KIND ENOUGH TO SILENCE OFF ALL CELL PHONES AND MOBILE DEVICES.
UH, THE MEETING OF THE BOARD OF ADJUSTMENTS WILL COME TO ORDER.
STAFF, COULD YOU PLEASE CALL ROLL OR WE'RE GONNA WAIT A COUPLE MINUTES.
UM, OR DO YOU WANNA START WITH THE PLEDGE OF ALLEGIANCE? OKAY, I'M JUST GOING BY THE, OKAY.
PLEASE STAND AND JOIN US FOR THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND UH, STATE.
BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETINGS FOLLOWED BY A DIRECTOR'S REPORT.
AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS CHAIR AND I'LL READ THEM AS APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND 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, THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY THE ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AS THE ADVISORY APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REG REGULATIONS WITHIN CHAPTER 28.
ARTICLE ONE, SECTION 28 THROUGH FIVE.
IN ADDITION, WE HAVE THE POWERS TO HEAR CASES, ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDINGS OF FACT MUST BE SUPPORTED BY THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS OR HER REPRESENTATIVE WILL PRESENT THE PETITION AND THERE'LL BE REQUEST AND THERE'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS BEEN HEARD IN THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES THE CONCURRING VOTE OF 75% THE TOTAL MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF IN GRANTING THE RELEASE THOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRE MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN LEGALLY BE GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL SPECIAL, SPECIAL EXCEPTION, ARE VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS.
APPEALS FROM THE BOARD'S DECISION REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
UH, AT THIS POINT I'D ASK, UH, STAFF TO PLEASE, UM, UH, TAKE ROLL.
COMMISSIONER BENAVIDES PRESENT.
CHAIR OR SO? WE DO HAVE A QUORUM.
UM, DID, DID, UH, FOR CASES NUMBER 4 0 9, DO WE HAVE A REPRESENTATIVE FOR EACH CASE PRESENT OR ARE WE STILL MISSING 4 0 9? UM, I'M NOT SURE.
UM, WELL, I'M GONNA, UH, DO MY SPIEL REAL QUICK.
UM, STAFF WILL BEGIN EACH CASE FOR THE SHORT PRESENTATION OF THE REQUEST.
PRIOR OF PRESENTATION INCLUDES A MAP THAT SHOWS THE ERROR TO BE CONSIDERED FOR THE VARIANCE FOR SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
INDICATES THOSE PROP CHECK MARK INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
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FOLLOWING THIS PRESENTATION IN QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE FOR SPECIAL EXEMPTION.YOU'LL BE CALLED IN THE ORDER THAT YOU SIGN OUT TO SPEAK THO.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALL ALLOWED OF MAXIMUM ON THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED LI OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION FOR THOSE WHO WOULD LIKE TO GIVE WITH THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALLOWED OF MAXIMUM OF TWO PEOPLE GIVEN OUT 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.
AND IS THE OP FOR FOR CASE ON 94 19? UH, T JORDAN FREEWAY HERE AND THE APPLICANT FOR 1402 NORTH MAIN.
WE'RE JUST MISSING NUMBER FOUR.
ALRIGHT, STAFF, LET'S UH, BEGIN WITH THE FIRST CASE PLEASE.
UH, MY NAME IS JOSEPH LAOS, SENIOR SHORT-TERM RENTAL PLANNER WITH DEVELOPMENT SERVICES.
UM, ITEM NUMBER ONE IS BO OA DASH 25 DASH OH THREE.
BUT, UM, BECAUSE WE ONLY HAVE 10 COMMISSIONERS, UM, AND THIS IS A RECOMMENDATION OF DENIAL, DO YOU WANNA DO AN APPROVAL FIRST? UM, I WOULD SUGGEST WE DO ITEM NUMBER TWO, PROBABLY YES.
'CAUSE WE'RE EXPECTING OF THE FULL IMPANELMENT TO OKAY.
YEAH, WE'RE EXPECTING AT LEAST 10 AND THEY JUST HAVEN'T ARRIVED YET.
WE'RE EXPECTING ONE MORE, UM, WITHIN THE NEXT 10 MINUTES.
YEAH, THAT PROBABLY MAKES SENSE TO GO AHEAD AND TAKE THE APPROVAL RECOMMENDATION CASES FIRST AND THEN WE CAN COME BACK TO NUMBER ONE, BUT WE'LL DO ITEM NUMBER 42.
FOR THOSE IN THE AUDIENCE WHO DON'T KNOW WHAT'S HAPPENING, IT TAKES NINE AFFIRMATIVE VOTES TO PASS AN ITEM.
AND SO FOR THAT REASON, UM, THEY'RE GOING TO LOOK AT ITEMS WITH RECOMMENDATIONS OF APPROVAL FIRST UNTIL WE HAVE 11 MEMBERS.
I AM THE CASE MANAGER FOR CASE BO OA DASH 25 DASH 0 3 0 0 0 4 2.
ADDRESS IS 7 1 4 CHIHUAHUA STREET COUNCIL, DISTRICT FIVE.
REQUEST FOR A TWO FOOT REAR SETBACK VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW FOR AN 18 FOOT REAR SETBACK.
SUBJECT PROPERTY IS LOCATED ALONG CHIHUAHUA STREET, NORTH OF RA CREEK.
AND WITHIN THE HISTORIC WEST SIDE RESIDENT AND NEIGHBORHOOD ASSOCIATION, THE APPLICANT IS REQUESTING A SETBACK VARIANCE APPROVAL FOR THE BOARD OF ADJUSTMENT FROM THE BOARD OF ADJUSTMENTS TO ALLOW FOR A REAR SETBACK OF 18 FEET.
FROM THE NEW ADDITION, THE PROPERTY IS UNDER A CODE ENFORCEMENT INVESTIGATION FOR CONSTRUCTION WITHOUT A PERMIT PLACE PERMIT ISSUANCE IS PENDING BOARD OF ADJUSTMENT OUTCOME.
THIS IS THE SUBJECT PROPERTY WITH THE CONSTRUCTION IN PLACE.
THIS IS, UH, FACING THE REAR OF THE PROPERTY.
THIS IS FACING THE, UH, WEST SIDE OF THE PROPERTY.
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STAFF RECOMMENDATION FOR THE REAR SETBACK VARIANCE, UH, STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 3 0 0 4 2 FOLLOWING THE FINDINGS OF FACT.UM, NUMBER ONE, THE SETBACK VARIANCE REQUEST DOES NOT APPEAR TO IMPACT THE SURROUNDING RESIDENTIAL PROPERTIES IN A BUTS AND OPEN GREEN SPACE.
NUMBER TWO, UNIQUE CIRCUMSTANCES EXIST ON THE PROPERTIES SUCH AS THE SMALL LOT RESTRICTIONS WHICH LEAVE LIMITED DEVELOPMENT SPACE.
ZERO IN FAVOR, ZERO IN OFFER OPPOSITION.
AND THE HISTORIC WEST SIDE RESIDENCE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
UM, AT THIS ONE I'D LIKE TO, THE RECORDS REFLECT THAT MS. CRUZ JOINED THE, THE PANEL AT ONE 11.
SO WE'RE HAVE ALL 11 MEMBERS HERE ON THE PANEL.
SO WE'D ASK THE APPLICANT TO PLEASE COME FORWARD AND LET'S HEAR YOUR PRESENTATION.
UH, MY NAME IS ES AND I LIVE IN, UH, UA STREET SEVEN 14 CHIWAWA STREET.
AND THE REASON THAT I'M DOING THIS ADDITION ON THE SECOND LEVEL, IT'S BECAUSE WHEN MY HUSBAND WAS ALIVE, HE HAD CONCERNS ABOUT THE SECURITY ON THE NEIGHBORHOOD BECAUSE THERE IS A LOT OF VIOLENCE AND BECAUSE OF MY GRANDKIDS AND ALL THAT, THEY ARE SHOTS.
AND WITH THE MONEY THAT I HAVE, UH, UH, FROM SAVINGS, I WANT TO DO THIS POSSIBLE TO HAPPEN.
WE, THAT WAS A PLAN WITH UNDERSTOOD.
SO ON THE REAR, UH, IT NEEDS TO GO A WINDOW THAT YOU DON'T, YOU ARE NOT ABLE TO SEE ON THE PICTURE, BUT, UH, THEIR, UH, UH, WINDOW IS NEEDED.
LET, LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE, DO YOU HAVE ANY QUESTIONS FROM STAFF? I MEAN, FROM, UH, HANNAH QUESTION FOR CITY STAFF.
SO, SO IT LOOKS LIKE THE PROPERTY BUDDYING IT ON THE BACKSIDE IS A, A, A COMMUNITY PARKING AREA FOR THIS GROUP HERE.
AND SO, UM, YOU KNOW, I I GUESS DOES THAT CHANGE ANY OF THE, ANY OF THE GUIDELINES WITH REGARDS TO SETBACKS IN THAT, YOU KNOW, IT DOESN'T, UH, IT DOESN'T AUTOMATICALLY REDUCE THE SET REAR SETBACK LIKE, UH, LIKE A DRAINAGE EASEMENT OR AN ALLEY WOULD DO.
UM, BUT IT DOES OBVIOUSLY, UM, HAVE THE SIGNIFICANT OF NOT HAVING A BUDDING A RESIDENTIAL TO THE REAR.
AND THEN, UH, I GUESS SECOND QUESTION, AND THIS MAY BE FOR THE APPLICANT OR FOR THE CITY, DO WE KNOW IF THIS IS, UH, THIS, THIS PARKING AREA IS PRIVATELY FUNDED BY THIS, THIS GROUP HERE? 'CAUSE IT DOES SAY ON, THERE'S A STREET SIGN IT SAYS FOR ACCESS FOR RESIDENCE.
AND SO, SO IS THERE, UM, YOU KNOW, IS THIS OWNED AND MANAGED BY, IT IS OWNED BY THE RESIDENTIAL, UM, COMMUNITY.
WE DO, WHEN WE'RE DOING RESEARCH ON THIS PROPERTY, UM, WE, WE SUSPECT THAT THIS WAS BUILT AS A COLLEGE DEVELOPMENT.
UM, AND THAT'S WHY THE EXTRA PARKING, UH, WAS PUT ON THERE.
IT DOESN'T BELONG TO THE APPLICANT.
IT, IT, IT BELONGS TO LIKE THE COMMUNITY.
ANY OTHER MEMBERS OF THE BOARD HAVE QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? UM, I'M JUST CONFUSED NOW, IS THE ADDITION GONNA BE IN
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FRONT AND PART IN FRONT AND IN THE REAR OR JUST IN THE REAR? IN THE FRONT.ADDITION, IT'S TOWARDS THE OU LA TOWARDS THE CREEK.
SO IT'S, IT'S THE CREEK TO THE REAR.
IT'S NOT TOWARDS CHIHUAHUA, IT'S TO THE REAR.
WELL, IT IT'S IN THE REAR, CORRECT? YES, CORRECT.
THAT'S WHAT I WANTED TO MAKE SURE.
ANY OTHER QUESTIONS ON THE BOARD? OKAY, STAFF, DO WE HAVE ANY COMMENTS FROM, UH, VOICEMAIL OR PUBLIC COMMENTS TO BE READ IN? WE HAVE TWO VOICEMAILS.
LET'S LISTEN TO THE VOICEMAILS AND THEN WE'LL GIVE HER A CHANCE TO.
HELLO, MY NAME IS GEORGIA ED RIO AND MY IS 7 2 3 7 ANTONIO CHECK SEVEN TWO SEVEN.
MY PHONE NUMBER IS TWO TEN TWO EIGHT EIGHT FIFTY FOUR NINETY FIVE.
I AM CALLING BECAUSE OF 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 HER 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 PARKED 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.
I HOPE THAT YOU ALL CAN UNDERSTAND.
MY TELEPHONE NUMBER IS (210) 842-0180.
MY ADDRESS IS 6 1 8 TO WALLACE STREET, SAN ANTONIO, TEXAS 7 8 2 0 7.
I'M IN OPPOSITION OF THE, UM, PROPERTY, THE BOARD OF ADJUSTMENT REQUEST FOR 7 1 4 CHIHUAHUA STREET.
THE LEGAL DESCRIPTION IS LINE EIGHT, BUILDING FIVE NCB 2 4 6 3.
UM, THIS SAYS A REQUEST FOR TWO INCH REAL SETBACK VARIANCE FROM THE MINIMUM 20 REAL SETBACK REACH REQUIRED BY THE UNIFIED DEVELOPMENT CODE TO ALLOW A, FOR AN 18 INCH REAL SETBACK.
THE REASON I'M IN OPPOSITION IS BECAUSE MY TAXES WENT UP AND, UH, ALMOST $300.
AND THIS IS SUPPOSED TO BE AFFORDABLE HOUSING AND IF WHY IT'S BEING AFFORDABLE HOUSING, UM, ANYTHING THAT CAUSES THIS TO GO OVER THE AMOUNT THAT I'M, I SHOULD BE REQUIRED TO PAY.
I'M, I'M NOT FOR, AGAIN, MY NAME IS JOANNE MCFADDEN.
THAT'S ALL THE PUBLIC COMMENT.
SO THE, SO THE ADDRESS FOR THE FIRST, UM, VOICEMAIL.
I, I THOUGHT I HEARD 7 0 5, BUT IS IT SEVEN 10? UH, IT WAS, WE HAVE IT AT SEVEN 10.
COULD WE HAVE A, A, THE GOOGLE VIEW OF, OF, UH, OF THESE TWO PROPERTIES IN RELATION TO THE SUBJECT SO THAT WE CAN APPRECIATE, UH, EXACTLY WHETHER THIS IS A VISUAL, UH, IMPAIRMENT, UH, AS, AS AS STATED BY THE CALLERS? YEP.
MR. VASQUEZ, I THINK THAT'S APPROPRIATE REQUEST.
CAN STAFF, CAN YOU PUT THE UH, GOOGLE MAP UP SO WE COULD SEE? YES SIR.
THANK YOU MR. CHAIRMAN AND MANANA.
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MANANA.SO FOLLOW UP ALONG WITH YEAH, PLEASE GO TO THE AERIAL THERE.
SO, SO IF I UNDERSTAND CORRECTLY BY RIGHT, UM, UM, SHE'S ABLE TO BUILD AN 18 FOOT EXTENSION ON THE BACK AND, UM, AND SO, UM, IF THAT WAS THERE, I THINK THE DIALOGUE, YOU KNOW, BY RIGHT, FOR FROM, FROM ADDRESS SEVEN 10 WOULD, WOULD STILL BE IMPACTED.
AND SO REALLY REGARDLESS OF ANY BUILDING THAT WAS DONE AT THIS ADDRESS, I THINK THAT THE CALLER'S POINT, YOU KNOW, IS, YOU KNOW, IS VALID.
AND SO REALLY IT'S, UH, YOU KNOW IT EVEN BY RIGHT.
THEY WOULD BE BLOCKING THAT VIEW.
IS, IS THAT MY UNDERSTANDING? SO PER CODE, THEY HAVE TO HAVE THE 20 FOOT SETBACK.
THE, THE PARKING LOT IS NOT ABLE TO REDUCE IT AND THEY'RE ASKING FOR TWO ADDITIONAL FEET PAST THAT.
UM, IT LOOKS LIKE THE ADDITION IS GONNA BE MADE FIVE MORE FEET WITHOUT NEEDING THE VARIANCE CURRENTLY BECAUSE IT'S A SEVEN FOOT ADDITION AND THEY'RE ONLY ASKING FOR THOSE LAST TWO FEET.
AND SO, SO IF THE ADDITION WAS THERE, THE CALLER'S POINT IS, IS WOULD STILL BE AN ISSUE FROM THEM, FROM THEIR PERSPECTIVE BECAUSE THEY WOULD BE BLOCKING THE VIEW OF, OF THE PARKING LOT SIMPLY BECAUSE OF AN EXTENSION TO THE CORRECT.
I'M LOOKING AT THE PICTURE ON THE FIRST PICTURE AND THEN I'M LOOKING AT THE, UH, GOOGLE MAPS NOW.
SO THE PARKING LOT IS FOR EVERYBODY IN THE NEIGHBORHOOD, IS THAT CORRECT? CORRECT.
SO THEN SHE DOES HAVE A POINT OF, YEAH, IT WOULD BLOCK IF, I MEAN, I WOULD BE THE SAME WAY IF I PUT CAMERAS IN MY HOUSE TO MAKE SURE MY CAR'S STILL THERE IN THE MORNING.
I WOULDN'T WANT ANYTHING TO BLOCK IT, SO.
NEED BE BETTER FOR THEM JUST TO MOVE THE CAMERAS.
WE'LL, WE'LL, SO ROB, REBUTTAL.
SO, SO MS. CRUZ, SO, SO PART OF THE, SO, SO RIGHT THERE IN THE SHADOW, SO, SO IF I LOOK AT THAT SHADOW SPACE THERE, UM, YOU KNOW, TO ME THAT'S, WE'LL SAY THE SPACE THAT ON THE BACK OF THE PROPERTY, THAT'S THE, UH, NO ON THE NEXT PROPERTY OVER.
SO YOU HAVE GO THERE, THERE THAT SHADOW THERE.
SO THAT SHADOW RIGHT THERE TO ME IS WHERE IT IS THAT THEY'RE PERMITTED BY RIGHT.
TO PUT THEIR STRUCTURE AND THEY'RE ASKING FOR TWO ADDITIONAL FEET GOING BACK TOWARDS, UH, TOWARDS THAT BACK OF THE PROPERTY.
AND SO, SO REGARDLESS OF WHAT THEY BUILD THERE, IT'S GONNA OBSTRUCT THE VIEW OF THE PARKING LOT.
THAT WAS MY POINT, CORRECT? NO, NO, I SEE THAT, BUT I JUST WANNA MAKE SURE I WAS LOOKING AT IT CORRECTLY.
ANY OTHER QUESTIONS OR COMMENTS? EXCUSE ME, CHAIR.
I JUST WANTED TO GET SOME CLARIFICATION BECAUSE THE ADDITION THAT, THAT THEY'RE PUTTING IS ON THE SECOND FLOOR AND FROM THE BACK OF THE HOUSE IT'S EXTENDING TWO MORE FEET.
IS THAT CORRECT? UM, I DON'T KNOW IF THEY'RE GONNA ENCLOSE THE FIRST FLOOR.
UM, ENO, HE SAID THEY'RE NOT GONNA, THEY'RE NOT GONNA ENCLOSE THE FIRST, UH, FLOOR.
IT'S GONNA BE KIND OF THE BACKYARD PATIO.
THEY HAVE THE OPTION TO MOVE THE CAMERAS, UH, ON A TREE THAT IS THERE AND THE REAR NEIGHBOR, IT'S JUST NOT BLOCKING AND SHE'S GOT THE OPTION AS WELL.
MOVE YOUR CAMERAS GOMEZ UP HERE.
CAN YOU ASK HER, AFTER THEY FINISH THE TOP FLOOR, THE BOTTOM IS IT, THERE WILL BE NO COVER ALONGSIDE THE, THE SIDES OF THE, IS THERE GONNA BE A PORCH? IS IT GONNA BE A PORCH YOU'RE ABLE TO SEE BACK AND FORTH? IT WON'T BE OBSTRUCTING ANYTHING.
WAIT, OKAY, MR. C*M, IS THAT OKAY? THAT YOUR QUESTION? WE'RE GOOD? OKAY.
MR. IFF, SO, UM, AS WE GO THROUGH THIS DIALOGUE, IF WE'RE GRANTING THIS ACCESS, UM, DOES THAT PUT A RESTRICTION ON THEM NOT BEING ABLE TO CLOSE IT? UM, YOU KNOW, 'CAUSE WE'RE GIVEN THAT, UM, OR I GUESS IS THAT A POSSIBILITY? WELL, THE WHAT'S BEFORE IS BASICALLY THE, UH, THE, THE MEASUREMENTS, NOT NECESSARILY THE, YOU CAN'T GET INTO YEAH.
AND KEEP IN MIND BY RIGHT, SHE IS ABLE TO EXTEND THAT OUT UP TO FIVE MORE FEET
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IF THEY WANTED TO, EVEN ON THE FIRST FLOOR.STEVENS, MR. STEVENS, SO JUST IN SUMMARY, THIS IS A SIMPLE TWO FOOT VARIANCE AND STAFF IS RECOMMENDING APPROVAL BECAUSE SHE'S ABUTTING THE RIVER IN COMMUNAL SPACE, CORRECT? CORRECT.
UH, THIS, AT THIS TIME, NO OTHER QUESTIONS FROM THE BOARD.
I'D ASK THE APPLICANT, YOU'VE, SHE'S HEARD THE COMMENTS FROM THE SPEAKERS, SHE'S HEARD THE BOARD IF SHE WOULD LIKE TO PROVIDE ANY FINAL REMARKS BEFORE WE CLOSE THE PUBLIC PORTION, IF YOU AGREE ON WHAT I'M PROPOSING, JUST ASKING IF YOU AGREE.
UM, SO THAT'S WHAT, THAT'S WHAT THE BOARD'S GONNA DO.
SO AT THIS POINT THAT CLOSES THE PUBLIC PORTION.
UM, IF WE'D LIKE A MEMBER OF THE BOARD TO MAKE A MOTION AND THEN WE CAN DELIBERATE AND DECIDE.
REGARDING CASE NUMBER BO A 25 1 0 3 0 0 0 4 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT REAR SETBACK VARIANCE FROM THE MINIMUM, MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 18 FOOT REAR SETBACK SITUATED 7 1 4 CHIHUAHUA STREET APPLICANT BEING ESELLA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY A MINIMUM SETBACK REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL STRUCTURES.
THE REDUCE SETBACKS ARE OF NO IMPACT TO THE NEIGHBORING PROPERTIES AS A PROPERTY DOES NOT ABUT RESIDENTIAL IN THE REAR TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP.
STAFF FIND SPECIAL CONDITIONS EXISTING ON THE PROPERTY AS LIMITED DEVELOPMENT SPACES AVAILABLE FOR CONSTRUCTION AND ADDITION AND ADHERING TO THE RESTRICTIONS ON A SMALL RESIDENTIAL LOT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE VARIANCE WILL LEAVE SUFFICIENT SPACE IN THE REAR YARD.
FOUR, THE VARIANCE WILL NOT AUTHORIZE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED IN THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE REAR SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE NEIGHBORING CONFORMING PROPERTIES AS THE REAR PROPERTY LINE ABUT THE RESIDENTIAL PARKING AREA.
SIX, APPLIED OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASSAULT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON AND NEAR THE PRO AND NEAR THE PROPERTY, SUCH AS THE SMALL LOT SIZE AND THE PROXIMITY OF ADJACENT PROPERTIES AND OF MOTION.
CAN I GET A SECOND? I DIDN'T HEAR.
ALRIGHT, MS. CRUZ, WOULD YOU LIKE TO PROVIDE SOME COMMENT? YES.
NORMALLY I WOULDN'T, UM, AGREE WITH THIS, BUT BECAUSE OF CIRCUMSTANCES AND OF COURSE WITH THE, UH, PROPERTY WHERE IT'S LOCATED AND WITH THE REAR PROPERTY NEXT TO THE, UH, LA UH, CREEK, I DON'T SEE ANY, UH, HARDSHIP TO ANYONE.
THIS IS A KIND OF A UNIQUE CORNER, BUT I'LL BE IN FAVOR OF THIS BECAUSE IT'S TWO FEET SETBACK THAT SHE'S LOOKING FOR RELIEF FROM.
SHE'S MAINTAINING 18 FEET, UH, ABUTTING A COMMUNAL NON-RESIDENTIAL USE, WHICH THEN ABUTS THE RIVER.
SO IT SEEMS PRETTY STRAIGHTFORWARD TO ME.
I'M GONNA JUST PROVIDE SOME COMMENT.
I I'M GONNA SUPPORT THE MOTION AS WELL.
I THINK THE OPPOSITION THAT WE HEARD FROM THE CALL IN, THEY HAVE OPTIONS WHERE THEY COULD POTENTIALLY MOVE THE, THEY COULD POTENTIALLY MOVE THE CAMERA TO HAVE, YOU KNOW, UH, VISUAL COVERAGE OF THE, OF THE PARKING LOT.
SO I THINK THERE'S OPTIONS WITH THE NEIGHBOR.
UH, AND, AND IN TERMS OF PROPERTY TAX VALUE, I MEAN THAT, THAT'S KIND OF GOING ON EVERYWHERE.
SO, I MEAN, THAT'S MY THOUGHT HERE.
SO THERE'S NO OTHER COMMENTS I'D ASK THE, UH, STAFF TO PLEASE TAKE A ROLL CALL.
[00:30:03]
COMMISSIONER CRUZ.COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER BOEZ? YES, I CONCUR.
THANK, THANK YOU SO VERY MUCH AND GOD BLESS YOU ALL.
ALRIGHT, STAFF, LET'S, UH, LET'S GO BACK TO, UH, CASE NUMBER ONE.
ITEM NUMBER ONE IS BO OA DASH 25 DASH 1 0 3 0 0 0 4 5.
UM, ADDRESS IS 6 2 3 DAKOTA STREET IN COUNCIL DISTRICT TWO.
AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO IN THE BLOCK PHASE.
AND THE CURRENT ZONING IS RM FOUR.
UH, AGAIN, THE SUBJECT PROPERTY IS LOCATED AT 6 2 3 DAKOTA STREET.
SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTIFAMILY.
UM, 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 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 PLEX OR QUADPLEX UNITS ON THE BLOCK PHASE.
AND THIS IS THE TYPE TWO DENSITY COUNT.
UM, THE BLOCK PHASE EXTENDS FROM 6 0 3 ALL THE WAY TO 6 2 3 DAKOTA STREET.
UM, THERE ARE A TOTAL OF EIGHT UNITS ON THIS BLOCK.
PHASE ONE ACTIVE TYPE TWO IS CURRENTLY THERE AT 6 0 9 DAKOTA STREET.
UM, CURRENTLY THE BLOCK FACE IS AT 12.5% AND IF THIS ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WOULD BE AT 25%.
UH, ON JANUARY 8TH, 2025, A CODE INVESTIGATION WAS OPEN FOR OPERATING WITHOUT A STR PERMIT.
THE NOTICE OF VIOLATION WAS ISSUED.
THE CURRENT STATUS IS PENDING RESOLUTION AS THE OWNER SUBMITTED AN STR APPLICATION FOLLOWING.
AND THIS IS AN ACTIVE LISTING AND THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS A DENIAL AND THIS IS THE NOTIFICATION PLAN.
UH, WE RECEIVE ZERO IN FAVOR, BUT ONE IN FAVOR OUTSIDE THE 200 FEET, UH, ZERO IN OPPOSITION.
UM, DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR OF THE REQUESTS AND THEN THE FOUR CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
UM, I ALSO WANT TO REMIND THE BOARD THAT THIS WAS A CONTINUED CASE FROM THE, UH, LAST HEARING.
UM, IT WAS CONTINUED 'CAUSE THE APPLICANT NEEDED TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION.
UM, AND THEN THE APPLICANT NEEDED TO REPORT THE, UM, BACK TAXES FROM WHEN THEY WERE OPERATING.
SO DID YOU HAVE THE LETTER FROM THE NEIGHBORHOOD ASSOCIATION? YES, I CAN PULL IT UP BECAUSE I DIDN'T SEE THAT.
AND, AND THEN WHAT WAS THE, UH, THE RECONCILIATION WITH THE TAX OFFICE? WHAT DID WE FIND OUT THERE? UM, SO WE DID RECEIVE A RECEIPT FORM FOR APRIL, 2025.
UM, THE APPLICANT DID STATE THAT THEY WERE REPORTED, BUT WE HAVE NOT SEEN IT UPDATED ON OUR END.
UM, BUT THE A THE APPLICANT DID BRING THE TAX FILINGS, UM, MAYBE WE CAN PROJECT THEM ONTO THE SCREEN, BUT AS OF RIGHT NOW, IT'S NOT REFLECTED ON, ON OUR END CURRENTLY.
WELL, LET'S SEE THE, UH, THE LETTER AND THEN THE, UH, TAX RECEIPT FILE.
STEVENS JUST, YES, MR. STEVENS.
UH, IN THE MEANTIME, QUESTION FOR STAFF.
HOW IS THERE AN ACTIVE LISTING IF YOU'RE SUPPOSED TO LIST A PERMIT NUMBER, UH, FOR CLARIFICATION? SO WITH OUR UPDATED ORDINANCE BACK IN 20 JUNE, 2024, UH, LISTINGS WERE REQUIRED FOR, UM, OPERATORS TO PROVIDE THEIR PERMIT NUMBER IN THEIR LISTING.
[00:35:01]
HOWEVER, THEY DON'T VERIFY THAT INFORMATION.SO AN APPLICANT OR HOST COULD PUT ANY NUMBER IN.
IT'S STILL CITY'S RESPONSIBILITY TO CHECK THOSE LISTINGS TO VERIFY IF THE NUMBER THEY PROVIDED IS A VALID PERMIT NUMBER.
IF NOT, WE DO REACH OUT TO THAT PLATFORM TO REMOVE THE LISTING.
AND WHAT WAS THE CASE HERE? DID THEY PROVIDE JUST A INVALID NUMBER OR WAS IT THEY PROVIDED A HOT ACCOUNT NUMBER THAT DOESN'T MATCH ANYTHING IN OUR RECORDS ON OUR END TO ANY PERMIT NUMBER EVER.
NO PERMIT FOUND FOR THIS PROPERTY AT ALL.
IS THAT OKAY? WELL, AT THIS TIME, ASK THE APPLICANT TO PLEASE COME FORWARD.
UH, IF YOU WANNA JUST TELL US THE UPDATES ON THE CASE AND WHAT.
YEAH, SO LAST TIME I WAS HERE WE, UH, THERE WAS A LITTLE BIT OF CONFUSION IN TERMS OF THE TAXES THAT WERE PAID.
I DID ESTABLISH A HOT TAX NUMBER THAT DID ALLOW ME TO PUBLISH THE LISTING ON AIRBNB.
UM, BE, I BELIEVE BECAUSE OF THE CHANGE OF SYSTEMS OR WHATEVER HAPPENED.
AND BECAUSE I HADN'T PAID THE TAXES, IT DIDN'T CARRY OVER, RIGHT? SO THERE WAS CHALLENGES THERE.
UM, I DID SOME FILINGS AS OF LAST MONDAY, THE MOST RECENT ONES.
AND THEN HERE'S A LIST OF EVERYTHING THAT WAS FILED, UM, STARTING FROM WHEN IT OPENED IN APRIL, 2023, ALL THE WAY UNTIL APRIL, 2025.
UM, THE ONLY OTHER THING THAT I WANNA BRING UP IS I DO HAVE MY PRESENTATION FROM LAST WEEK.
I DON'T THINK IT'S NECESSARY BECAUSE I DO HAVE THE LETTER FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.
UM, THERE WAS A CALLER LAST IN THAT DIDN'T APPROVE OF IT FROM ONE 12 CACTUS STREET.
UM, AND THAT'S WHY I HAD ANOTHER, ANOTHER, UH, PERSON THAT LIVED ON CACTUS CACTUS STREET, UM, JUSTIFY, YOU KNOW, THE LETTERINGS AS TO, YOU KNOW, HOPEFULLY SUPPORT TO THE AIRBNB.
AND I BELIEVE ONE OF THE NEIGHBORS NEXT DOOR TO ME, UH, SIX 19 DAKOTA STREET WAS ABLE TO, TO PROVIDE A VOICEMAIL.
AND THEN, UH, I DID A LITTLE BIT OF RESEARCH AND THE OTHER LISTING THAT'S ON, UH, ON THAT BLOCK, 6 0 9 DAKOTA STREET, THAT IS UP FOR SALE NOW, IT'S BEEN LISTED FOR 174 DAYS.
UM, NOT THAT THAT MATTERS 'CAUSE I DON'T KNOW IF A BUYER WOULD LIST THAT AS AN AIRBNB, BUT THAT WOULD BRING IT UP TO, YOU KNOW, I'D BE THE ONLY RUNNING AIRBNB IN THE AREA.
WELL THAT'S INTERESTING BECAUSE THEY WOULD LOSE, BECAUSE IT DOES, IT TRANSFERS WITH THE INDIVIDUAL OWNER, NOT WITH THE PROPERTY.
SO IF THE PROPERTY SELLS, THEY WOULD LOSE THEIR, UH, AIRBNB.
OR THEIR, NOT THE AIRBNB, BUT THEIR SHORT TERM RENTAL.
UM, AND SO THE LAST TIME I ALSO CAME, I ALSO, I DON'T KNOW IF YOU GUYS RECALL, BUT YOU KNOW, I, I GAVE SOME INFORMATION AS TO HOW I RUN MY AIRBNB, HOW IT'S, UH, RAN WITH INTENTION, LOVE AND CARE BECAUSE IT IS MY PROPERTY BECAUSE I HAVE A FUTURE WITH IT.
UM, AND BECAUSE I CARE ABOUT THE NEIGHBORHOOD, RIGHT? SO AGAIN, I'VE BEEN PART OF A LOT OF CLEANUP TO GET RID OF GANGS, UH, DRUG HOUSES IN THE AREA.
AND SO WHEN I MOVED OUTTA THE HOUSE, THAT'S ONE OF THE REASONS I WENT INTO THE AIRBNB AREA.
UH, NUMBER ONE, UH, NOT A LONG-TERM RISK LISTING, LONG-TERM RENTAL LISTING BECAUSE, UM, BASED ON THE PRICE POINT AND THE AREA RIGHT NOW, I'M NOT ABLE TO GET THE TENANTS THAT I WANT.
THAT WOULD BE A GOOD FIT FOR MY NEIGHBORS.
UM, AND THEN ALSO, UH, NUMBER TWO, IT JUST HELPED ME, HELPS ME WITH UPKEEP ON THE PROPERTY.
ALRIGHT, LET'S SEE IF THERE'S ANY QUESTIONS FROM THE BOARD.
ANY, ANY QUESTIONS FOR THE APPLICANT? ANY QUESTIONS? ALRIGHT.
DO YOU RUN ANY ADDITIONAL BACKGROUND CHECKS IN ADDITION, UH, TO AIRBNB? REALLY DOESN'T RUN SUFFICIENT ONES.
DO YOU RUN ANY YOURSELF? I DO NOT.
UH, YOU MEAN FOR PEOPLE THAT COME AND STAY? UM, I DO NOT.
UM, I DO WANNA ADD THAT WE ARE, WE HAVE A 4.94 RATING ON AIRBNB.
SO WE'RE LISTED AS A GUEST FAVORITE.
RIGHT? SO, SO AGAIN, UM, PART OF MY JOB IS REPRESENTING THE CITY REPRESENTING DENVER HEIGHTS, UM, AND THEN ALSO REPRESENTING MYSELF AS A PROFESSIONAL, RIGHT? SO, UM, I AM VERY SELECTIVE ABOUT WHO CAN RENT THE PROPERTY.
UM, NOBODY UNDER 21, I DID THAT ONE TIME, ONE OF THE YEARS FOR FIESTA, WASN'T A GOOD FIT FOR US.
UM, SO EVERYONE THAT STAYS THERE, I LIKE TO CATER TO COUPLES OR FAMILIES TYPICALLY.
UH, STAFF, DO WE HAVE ANY ADDITIONAL VOICEMAIL OR ANY PUBLIC COMMENTS TO, TO BE READ IN? NO ONE ADDITIONAL VOICEMAIL.
I LIVE AT 6 1 9 DAKOTA STREET.
UM, I'M CALLING ABOUT CASE NUMBER B OH A DASH 25 DASH TEN THREE ZERO ZERO ZERO FOUR FIVE.
UM, IT'S FOR B GUZMAN WHO IS OUR NEXT DOOR NEIGHBOR.
UM, AND SHE IS APPLYING FOR, UM, AN EXCEPTION TO THE AIRBNB PERMITTING.
UM, AND WE JUST WANTED TO SAY AS HER NEIGHBORS THAT WE SUPPORT THAT FOR HER AND HOPE THAT WILL BE GRANTED, UM, AS SHE'S A VERY RESPONSIBLE AIRBNB OWNER.
UM, I CAN BE REACHED AT 2 1 0 8 3 3 4 1 9 6
[00:40:02]
IF YOU NEED ANY OTHER ADDITIONAL INFORMATION, UH, FROM ME.THAT'S ALL THE PUBLIC COMMENTS.
I ON THE ACCOUNT STAFF SIDE OVER HERE.
UM, STAFF JUST WANTED TO CLARIFY THAT IN ORDER TO, UH, ADVERTISE ON AIR ON AIRBNB OR ANY STR LISTING, YOU NEED TO PROVIDE THE STR PERMIT NUMBER.
A HOT ACCOUNT NUMBER DOES NOT CONSTITUTE AS A VALID LISTING.
AND DO YOU UNDERSTAND THAT TOO? THE HOT, THE HOT NUMBER IS NOT THE PERMIT NUMBER? I DO NOW
SO I DO NOW AGAIN, RIGHT? UM, I'M NEW, I'M NOT AN INVESTOR.
IT'S CONSIDERED MY SECOND HOME.
UM, I'M LEARNING AS I GO, RIGHT? UM, THERE'S NOT A CHECKLIST WHEN YOU SIGN ON FOR AIRBNB.
THERE'S THINGS THAT I'VE HAD TO BACKTRACK AND FIX.
THERE'S A LOT OF THINGS THAT I'M LEARNING ALONG THE WAY, RIGHT? SO IT'S NOT MY INTENTION TO GET BY ONE ON YOU ALL OR GET ONE BY THE CITY OR THE PLATFORM.
IT'S JUST WHERE WE'RE AT TODAY.
SO, AND THE, AND THE CALL IN WAS YOUR, YOUR NEIGHBOR RIDE IN SUPPORT OF THE RIGHT.
AND SO THE CONSENSUS OF THE NEIGHBORHOOD IS RIGHT, IS THAT THERE HAS BEEN VIOLENCE, UM, ANYTHING FROM DOMESTIC ABUSE TO, THERE'S BEEN, UM, WALK-BY DRIVE-BY SHOOTINGS, RIGHT? THERE'S BEEN AN AREA RIGHT ACROSS FROM OLIVE STREET WHERE THERE'S BEEN A WALKABLE DRIVE-BY SHOOTINGS THAT USED, YOU KNOW, AND THAT'S BEEN FLIPPED TO AN AIR AIRBNB NOW.
UM, BUT AN AIRBNB TYPICALLY RENOVATES THE NEIGHBORHOOD, RIGHT? THERE'S NEW, UH, FIXINGS ON ROOFS.
THERE'S JUST PEOPLE THAT ARE TAKING CARE OF THE PROPERTIES AND IT BEAUTIFIES THE AREA.
SO THE GENERAL CONSENSUS IS THAT IT BEAUTIFIES THE AREA AND IT ALSO BRINGS DOWN A LITTLE BIT OF CRIME.
MR. STEVENS, UH, MR. STEVENS, HOW LONG HAVE YOU BEEN OPERATING THIS? SINCE APRIL, 2023.
THAT'S A LONG TIME TO STUMBLE THROUGH AND NOT, YOU KNOW.
SO I GOT THE VIOLATION IN JANUARY.
IMMEDIATELY THE PLATFORM NOTIFIED ME.
RIGHT? SO, UM, SO I DID GO THROUGH ALL THOSE THINGS.
SO AGAIN, I APOLOGIZE, IT'S NOT GONNA HAPPEN AGAIN, BUT, BUT YOU'RE STILL OPERATING ILLEGALLY RIGHT NOW UNTIL YOU ALL IT'S DENY ME AND THEN I'LL SHUT IT DOWN.
UH, THE OTHER SHORT TERM RENTAL, IT'S 6 0 9.
THE APPLICANT MENTIONED THAT THE PROPERTY IS FOR SALE.
IS IT STILL RUNNING AS AN STR RIGHT NOW? YOU HAVE TO CHECK OUR THIRD PARTY SYSTEM TO VERIFY THAT.
AND THEN WHEN WAS THE LAST TIME THEY HAD A BOOKING OR PAID OR REPORTED ANY HOT TAXES? SO WHILE THEY'RE LOOKING AT, UH, 6 0 9 DOES SHOW UP FOR SALE, UM, UM, THAT THE ADDRESS THAT SHOWS AS THE OTHER STR AND DOES SHOW FOR SALE ON REALTOR.COM, WE, WE CHECKED OUR THIRD PARTY SYSTEM.
THEY ARE STILL ACTIVELY LISTING TODAY AND IT LOOKS LIKE THEY HAD REVIEW, UM, ON JANUARY 13TH, 2025 OF THIS YEAR.
ANY OTHER QUESTIONS? IF NOT, THAT CLOSES THE PUBLIC PORTION.
DID WE GET TO SEE THE, THE LETTER FROM DENVER HEIGHTS? YEAH, IT WAS PRESENTED YOU.
ALRIGHT, THAT CLOSES THE PUBLIC PORTION.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION.
ANNA, MR. MANNA, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 4 5.
I MOVED THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW, UH, FOR ONE A ONE ADDITIONAL TYPE TWO TERM RENTAL UNIT SITUATED AT 6 2 3 DAKOTA STREET, APPLICANT BEING BEATRES GUZMAN, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE 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.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A, A REASON TO
[00:45:01]
BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL.
D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES OR FACULTIES.
NO, THIS FACILITIES, UM, UM, HAVE BEEN OR BEING PROVIDED THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMS CITATIONS OR ADJUDICATED OFFENSES.
CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22, UH, THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICATION, THE APPLICANT OR OWNER DOES NOT PREVIOUSLY, DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS FOR THIS SUBJECT PROPERTY AS THEY ONLY RECEIVED A NOTICE OF VIOLATION FOR OPERATING WITHOUT A PERMIT AND SUBMITTED AN STR APPLICATION SHORTLY AFTERWARDS.
F THE APPLICATION OR THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION FOR WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL PROPERTIES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING, MAINTAINING IT FROM THE NEIGHBORING PROPERTY, THE SPEC, 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 THE MOTION.
UM, MR. MAN, WOULD YOU LIKE TO PROVIDE SOME COMMENT? SO, UM, SO THANK YOU FOR GETTING THE NEIGHBORHOOD ASSOCIATION, UM, AND, AND TALKING WITH THEM.
I KNOW THAT, UM, MY EXPERIENCE WITH UH, DENVER HEIGHTS, UM, FROM THIS BOARD HAS BEEN THAT THEY'RE VERY, THEY, THEY, THEY WATCH THEIR NEIGHBORHOOD AND PROVIDE A LOT OF GUIDANCE FOR HOW THEY WANT TO SEE THEIR COMMUNITY MANAGED AND WITH THEM SAYING, OKAY, UM, YOU KNOW, I, I FIND IT HARD TO GO AGAINST THAT.
I WOULD NOT HAVE BEEN VOTING FOR THIS OTHERWISE.
AND SO, UM, THERE'S 36 OTHER SHORT-TERM RENTALS WITHIN, UM, LESS THAN A QUARTER MILE OF THIS PROPERTY.
SO, SO THE AREA DOES HAVE QUITE A BIT OF SHORT-TERM RENTALS ALREADY, BUT, UM, AS I SAID, BECAUSE UH, DENVER HEIGHTS IS SUPPORTED, I'LL BE VOTING WITH THEM.
I'M ALSO GONNA, UM, I'M IN AGREEMENT WITH, WITH MY COLLEAGUE HERE ALL ALL GETTING DENVER HEIGHTS TO APPROVE.
I ALSO, I'M FAMILIAR WITH THIS NEIGHBORHOOD.
IT IS ROUGH, LIKE YOU SAID, THERE'S A LOT OF VACANT LOTS, THERE'S BEEN A LOT OF DRUG HOUSES, THERE'S A LOT OF VIOLENCE IN THIS AREA.
UM, SO HAVING THESE NICER HOMES IN THERE, IF IT'S NOT WITH AT LEAST LONG-TERM TENANTS, AT LEAST IT'S, IT'S OCCUPIED AT LEAST.
AND, UM, WE'RE ABLE TO ADD SOME VALUE THERE, KEEP IT SAFER.
UM, IT'S ALSO UNIQUE BECAUSE IT'S SO CLOSE TO DOWNTOWN AND TO THE ALAMO DOME AND TO ALL THESE TOURIST ATTRACTIONS AND UM, THAT'S WHY THERE'S SO MANY AIRBNBS IN THIS AREA.
BUT, UM, THAT BEING SAID, YEAH, I WILL BE IN APPROVAL.
ALRIGHT SIR BARRINGTON, UH, JUST A LITTLE EDITORIAL COMMENT.
YOU READ THE MOTION CORRECTLY, BUT I WANNA BE SURE THE STAFF PICKS UP ON THE FACT THAT, UM, PARAGRAPH D THE LAST WORD ON THE LINE IS FACILITIES NOT FACULTIES.
ALRIGHT, WE'LL MAKE THAT CORRECTION.
ALRIGHT, ANY OTHER COMMENTS OR QUESTIONS? ALRIGHT, WITH THAT, UH, CLOSES THE PUBLIC PORTION AND LET'S, UH, GO AHEAD AND TAKE A ROLL CALL VOTE PLEASE.
COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER IBANEZ? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER BENAVIDES? I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
I CONCUR WITH, UH, FOUR, UH, FOUR AND, UH, SEVEN AGAINST THE MOTION DOES NOT PASS.
PLEASE GET WITH STAFF AND THEY CAN GIVE YOU SOME GUIDANCE OF WHAT WE CAN DO THERE.
NAME IS MAN, I'LL BE PRESENTING ITEM NUMBER
[00:50:01]
THREE, CASE BO OA DASH 25 DASH 0 3 0 4.ADDRESS IS 1 1 2 3 5 FISHER ROAD COUNCIL DISTRICT FOUR.
APPLICANT IS IMAGE SOLUTIONS SIGN COMPANY.
UH, REQUEST NUMBER ONE UH, IS A 559 SQUARE FOOT VARIANCE FROM THE MAXIMUM 375 SQUARE FOOT FOOTAGE SQUARE FOOTAGE TO ALLOW FOR A 934 SQUARE FOOT SIGN.
VARIANCE NUMBER TWO IS A 20 FOOT SIGN HEIGHT VARIANCE FROM THE MAXIMUM 50 FOOT SIGN HEIGHT TO ALLOW A 70 FOOT SIGN.
HEIGHT ZONE IS I ONE SUBJECT PROPERTY IS LOCATED AT THE NORTHERN CORNER OF FISHER ROAD AND I 35 ACROSS FROM A LOVE'S GAS STATION AND TRUCK STOP.
THE APPLICANT IS A REFUEL GAS STATION REQUESTING ADDITIONAL SIGN HEIGHT AND SQUARE FOOTAGE.
THE APPLICANT STATED THAT THE PURPOSE OF THE ADDITIONAL SIGN HEIGHT AND SQUARE FOOTAGE WAS TO ALIGN ITSELF WITH OTHER SIGNAGE IN THE AREA.
THE LOCATION WILL HAVE ONE CERTIFICATE OF OCCUPANCY AND AS A SINGLE TENANT SIGN IS PERMIT 50 FEET HEIGHT AND 375 SQUARE FEET PER EXPRESSWAY STANDARDS.
THE APPLICANT IS REQUESTING 70 FOOT HEIGHT AND 934 SQUARE FEET SIDE PLAN OF THE AREA WITH THE LOCATION OF THE SIGN SPINE SIGN SPECIFICATIONS.
THIS IS THE SUBJECT PROPERTY AT THE MOMENT.
SURROUNDING AREA IS DOWN I 35 FRONTAGE DOWN FISHER ROAD.
RECOMMENDATION FOR SIGN HEIGHT AND SQUARE FOOTAGE VARIANCE IS UH, DENIAL IN BO OA DASH 25 DASH 0 3 0 0 4 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED SIGN VARIANCE COULD ALTER THE ESSENTIAL CHARACTER OF THE PROPOSED LOCATION AND TWO, THE SIGN COULD ACHIEVE A SIMILAR RESULT BY ADHERING TO THE SIGN REGULATIONS SPECIFIED BY THE UDC STAFF.
MAILED SIX NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS WITHIN TWO FEET OF THE PROPERTY.
EXCUSE ME, THAT CONCLUDES STAFF PRESENTATION.
ALRIGHT, LET'S SEE MAN, ANY QUESTIONS FOR, SO JUST A QUESTION.
SO, SO, UM, IS THIS PROPERTY, UM, ABUTTING OR I GUESS ADJACENT TO THE EXISTING LOVE ON THE OTHER SIDE OF THE STREET? IS IS THAT TRUE? IT'S, IT'S, IT'S, IT'S ACROSS FISHER ROAD FROM IT.
ALRIGHT, ANY OTHER QUESTIONS? OKAY, GOOD AFTERNOON EVERYONE.
I'M WITH A COMPANY BY THE NAME OF TRIUMPH SIGNS.
MY ADDRESS IS 4 4 9 8 RAVENWOOD COURT AND THAT'S ACTUALLY CINCINNATI, OHIO 4 5 2 4 4.
SO I ACTUALLY FLEW IN FOR THIS MEETING TODAY AND I APPRECIATE THE BOARD'S TIME.
UM, SO I HANDLE FOR A LITTLE BIT ON REFUEL.
UM, THEY'RE OUT OF CHARLESTON.
THEY'RE DEVELOPING A LOT IN TEXAS.
I DON'T KNOW HOW FAMILIAR THE BOARD IS, UH, WITH RE REFUEL, BUT FROM AUSTIN, UM, ALL THE WAY DOWN TO SAN ANTONIO.
UH, WE CURRENTLY HAVE THREE SITES UNDER CONSTRUCTION.
UH, RICHTER ROAD SITE IS UNDER CONSTRUCTION NOW AS WELL AS FISHER ROAD.
AND THEN THERE'S A NEW ONE ON COLLIBRA AND TOF THAT IS, UH, THAT'S BEING, IT'S UNDER CONSTRUCTION RIGHT NOW.
ALL OF THOSE WE'VE BEEN ABLE TO ADHERE TO THE GUIDELINES AND EVERYTHING.
WHAT MAKES THIS SITE A LITTLE BIT UNIQUE FROM THE OTHERS? IT IS AN INTERSTATE SIGN.
UH, OBVIOUSLY IF YOU LOOK AT WHAT WE WOULD CONSIDER THE COMPETITION THERE, IT'S GOT THE LOVES, WHICH YOU JUST TALKED ABOUT AND IT'S ALSO GOT A SEVEN 11 ACROSS THE STREET.
A LITTLE BIT DIFFERENT FOR REFUEL ON THIS SITE THAT IT IS GOING TO BE, IT'S GONNA OFFER THE TRUCK DIESEL.
SO WE ARE LOOKING TO GET THE TRUCK TRAFFIC FROM BOTH I, UH, 35 NORTH AND SOUTH.
UM, I KNOW WHEN YOU LOOK AT THE SIGN AND YOU LOOK AT THE THE NUMBERS, IT DOES LOOK LIKE A BIG AS AS FAR AS THE SQUARE FOOTAGE.
SO KIND OF WHAT I DO FOR REFUEL, UM, AND THIS TYPE OF SITUATION, IT'S, IT'S ALWAYS WHAT THE CUSTOMER WANTS, IT'S WHAT THE SITE NEEDS AND IT'S WHAT THE CITY ALLOWS AND IN THIS CASE THE BOARD.
SO I TRY TO BRING THAT TOGETHER.
IF YOU LOOK AT THE REFUEL SIGN AND AS COMPARED TO REALLY WHAT WE COMPARE TO, AND I KNOW THERE WAS A SLIDE, WE MAY PULL THAT BACK UP, IS THE LOVE'S, UM, SIGN, BELIEVE IT OR NOT, THIS SIGN, EVEN THOUGH IT'S IN, WHEN YOU LOOK AT, I'VE GOT ANOTHER PRESENTATION I BELIEVE YOU HAVE FOR ME TOO THAT WE MAY HAVE EMAILED.
SO WHEN YOU LOOK AT THIS SIGN, AND I'M GONNA KIND OF SHOW
[00:55:01]
IT IN PERSPECTIVE TO THE LOVES, THE CHALLENGE WITH THIS REFUEL LOGO IS, UM, THE SHAPE OF THE SIGN.SO EVEN THOUGH LIKE AT THIS TOP SIGN BEING THE, YOU KNOW, 300 SQUARE FEET, BELIEVE IT OR NOT, THE REFUEL COPY, IF YOU JUST DISSECT WHAT YOU ACTUALLY SEE IN THE SIGN, WHOOPS, EXCUSE ME.
WE LOSE ALL THE SHAPE BECAUSE WE SQUARE OFF FOR THE SQUARE FOOTAGE.
THE R FOR EXAMPLE IS ONLY THREE FOOT 10 INCHES TALL.
SO OUR ROUND OUT TO FOUR FOOT.
SO BY THE TIME WE DO THE LENGTH, THE REFUEL LOGO ITSELF, THE COPY THAT YOU SEE IS ONLY ROUGHLY 80 SQUARE FOOT FOR, FOR CONVERSATION PURPOSES I'LL CALL IT LESS THAN A HUNDRED.
SO THAT'S KIND OF THE CHALLENGE WE'VE ALWAYS HAD WITH THE LOGO.
WHEN YOU LOOK AT THE PRICER, IT'S THE SAME EXACT PRICE SIGN THAT UM, LOVE'S HAS SAME OVERALL SQUARE FOOTAGE, SAME DIGIT HEIGHTS.
A MATTER OF FACT IT EVEN IS THE SAME MANUFACTURER.
AND THEN REFUELS FOOD OFFERING IS THEIR NEW EACH PROGRAM, WHICH THAT'S WHAT ELSE IS GOING TO BE GREAT ABOUT THIS.
IT'S ANOTHER PLACE FOR THE COMMUNITY, IT'S ANOTHER PLACE FOR PEOPLE LOCALLY THERE.
AND IT DOES HAVE EVEN CHAIRS INSIDE THAT THEY CAN COME.
THEY'RE REALLY KNOWN FOR THEIR CHICKEN SO THEY REALLY PUSH THAT.
AND THAT'S ALL UNDER THEIR, EACH PROGRAM.
I THINK WE HAVE SOME SLIDES SHOWING IT IN PERSPECTIVE.
IS THERE ANOTHER SLIDE THAT YOU HAVE? OKAY.
AND THAT MAY HAVE BEEN, WE WERE ON THE DOCKET FOR THE, THE LAST HEARING.
AND LET ME, LET ME STATE THIS TOO FROM, I DON'T WANNA SAY GET GO FROM EARLY STAGES.
THERE'S BEEN A LITTLE BIT CONFUSION ABOUT THE PROPERTY BEING MULTI-TENANT AND I KNOW YOU GET DIFFERENT ALLOWANCE WHEN IT'S MULTI-TENANT EVEN TO THE POINT, UH, I FLEW IN LAST MONTH FOR THE MEETING AND LIKE TWO HOURS BEFORE THE MEETING WE FOUND OUT THAT THE NOTICES THAT WERE SENT OUT WERE SENT OUT FOR A MULTI-TENANT PROPERTY AND THEN WE HAD TO COME BACK FOR THIS BOARD MEETING.
SO ANYHOW, THAT'S WHY WE'RE, WE'RE BACK FOR THE FIRST TIME.
BUT WHAT I DID HAVE, I HAD THIS SHOWING IT FOR AND IF NOT I COULD PASS, I HAVE COPIES THAT I COULD PASS AROUND FOR THE BOARD.
WHAT I WAS TRYING TO DO IS SHOW YOU HOW IT COMPARES TO THE OTHER SIGNAGE IN PERSPECTIVE TO THE, UM, AND, AND I HAVE COPIES I COULD SHARE.
I THINK WHAT MAY BE BETTER, THOSE ARE ALL ONE DOC.
SO YOU'D BE LOOKING AT THE FIRST AND SECOND PAGE.
JUST PROJECT IT ON THE SCREEN BECAUSE IT'S TOO BE THIS ONE AND THIS.
SO REALLY EVEN THAT FIRST PAGE WOULD BE, YEP.
STEVENS, MR. STEVENS, DOES STAFF OR APPLICANT KNOW THE ACTUAL SQUARE FOOTAGE OF GLOVES? YES.
AND, AND WE HAD A, WELL IT WAS ALL IN THIS, I DON'T KNOW IF YOU'LL HAVE IT 'CAUSE WE SENT OVER EVERYTHING FOR THE LAST MEETING AND IT MAY NOT HAVE GOT CARRIED OVER.
SO LOVE'S IS LIKE RIGHT AT 659.
AND WE HAD THE ORIGINAL PERMIT COPY.
THIS'LL GIVE US A, A GOOD IDEA STARTING HERE, WHICH IS THE SOUTHBOUND VIEW.
IF YOU LOOK AT THE LOVES IN THE BACKGROUND AS WELL AS THE SEVEN 11 ON THE OPPOSITE SIDE OF INTERSTATE.
THIS WHAT, WHAT WE HAVE DONE, THERE WAS A FORMULA TO THIS.
NOT JUST SAYING, HEY, WE WANT THE BIGGEST SIGN WE CAN GET OR ANYTHING LIKE THAT.
THIS WOULD PUT THAT VIEW AS YOU KIND OF SEE IN PERSPECTIVE OF WHAT YOU WOULD SEE COMING SOUTHBOUND.
UM, WHICH GIVES US A LITTLE, YOU KNOW, WE HAVE A LITTLE BIT MORE ADVANTAGE THERE JUST BECAUSE WE'RE GONNA BE THE FIRST PROPERTY, BUT THAT'S NEGATED COMING, UM, ON THE NORTHBOUND BECAUSE WE'RE GONNA BE THE FURTHEST AWAY.
BUT THIS WOULD GIVE YOU AN ILLUSTRATION KIND OF TO SCALE OF WHAT YOU WOULD SEE IN COMPARED TO THE OTHER TWO SIGNS AT THAT INTERSECTION.
AND THEN IF YOU LOOK AT THE BOTTOM
[01:00:01]
SLIDE, YOU WE'RE GONNA SEE IT, UH, YOU KNOW, HEADING NORTHBOUND.SO BASICALLY, EVEN THOUGH IT'S A LITTLE BIT DIFFERENT IN SQUARE FOOTAGE MATHEMATICALLY, IT'S BASICALLY THE SAME SIGN THAT LOVE'S HAS CURRENTLY WITH THE EXCEPTION IT IS FIVE FEET TALLER LOVE'S IS 65 FEET WHERE WE WERE ASKING FOR 70.
AND THE ONLY REASON BEING, IF YOU LOOK AT THE SOUTHBOUND VISIBILITY, WE ARE A LITTLE BIT MORE DOWNHILL.
UM, THE SEVEN 11 VALERO AND WHERE THE LOVES IS, IT'S MORE AT THE TOP OF THE GRADE VERSUS WHERE WE ARE.
AND WE JUST FIGURED ABOUT, UM, WE WOULD NEED ABOUT FIVE ADDITIONAL SQUARE FOOT JUST TO WHICH WE STILL WON'T BE AS BIG AS OR AS TALL AS THE SEVEN 11, BUT IT WOULD PUT US UP, UH, EQUIVALENT TO UM, THE LOVES.
SO WHAT HAPPENS IS WITH REFUEL, OBVIOUSLY THEY'RE INVESTING A LOT OF MONEY AND THERE'S A BIG GROWTH FOR THEM IN TEXAS AND WE JUST TRY TO MAKE IT SUCCESS SUCCESSFUL.
AND I THINK THEM TO BE SUCCESSFUL FOR THIS PARTICULAR PROPERTY IS GOING TO REQUIRE THEM TO BE AT LEAST TO HAVE ADEQUATE SIGNAGE, YOU KNOW, INTERSTATE SIGNAGE TO WHERE, YOU KNOW, A DRIVER OR A TRUCK CAN, YOU KNOW, MAKE A DECISION WHEN TO, TO SAFELY EXIT.
SO THAT'S, YOU KNOW, LIKE I SAID, THAT GOES BACK TO THE FORMULA OF HOW FAR YOU CAN SEE THESE SIGNS.
UM, OTHER THAN THAT, THE ONLY THING I WOULD ASK BEFORE, YOU KNOW, SO BECAUSE WE'RE A LITTLE BIT LATE ON THIS, YOU KNOW, BECAUSE IT, WHEN WE WERE MULTI-TENANT OR THE PROPERTY ZONE MULTI-TENANT, WHAT WE DIDN'T REALIZE THAT WE HAD TO FILE DIFFERENT COS TO GET THAT MULTI-TENANT STATUS AND FOR SOME REASON REFUEL CAN'T DO THAT.
REFUEL OWNS, YOU KNOW, SO EVERYTHING IS NOT SEPARATE.
THE EACH PROGRAM IS NOT SEPARATE AND THE C-STORE IS NOT SEPARATE.
SO, AND LIKE I SAID, THEY'VE ALREADY, THEY'RE PERMITTED.
WHAT YOU SEE HERE DOESN'T LOOK LIKE THAT.
NOW IF YOU WERE TO MAKE A TRIP OUT THERE, IT'S ALREADY CLEARED AND CONSTRUCTION HAS STARTED.
SO THERE IS A LITTLE BIT OF URGENCY HERE THAT I WOULD, UH, IF I COULD ASK THE BOARD'S HELP FOR, IF FOR SOME REASON EVERY ANYBODY HAD A PROBLEM WITH WHAT WE'RE ASKING IS WHAT WOULD, WITHOUT THE IDEA, I DON'T KNOW IF WE REALLY GOT THE TIME BECAUSE THEY'RE TALKING ABOUT A JULY, UM, AUGUST TURNOVER, WELL ACTUALLY JULY TURNOVER WITH AN AUGUST OPENING, UM, AND I GOTTA GET ALL THIS STUFF BUILT, YOU KNOW, I GOTTA GET IT MADE AND YOU KNOW, THAT TYPE OF STUFF.
SO IF FOR SOME REASON YOU DIDN'T LIKE THIS OR YOU, YOU KNOW, YOU HAD AN ISSUE WITH IT, IS THERE SOMETHING LIKE THAT YOU COULD DO SQUARE FOOTAGE WISE? UM, HEY YOU CAN'T HAVE 900 SQUARE FOOT, BUT WE'LL LET YOU HAVE THE 6 97 OR SOMETHING, SOME KIND OF PARAMETER THAT WE COULD WORK WITH.
SO UNDERSTAND THAT'S ALL I WOULD ASK THERE.
UH, ANY QUESTIONS FROM THE BOARD? MANNA, MR. MANNA? SO FOR SIGNAGE? YEAH.
SO ONE IS, UM, SO THE APPLICANT TALKED ABOUT THE OTHER SIGNS THAT ARE KIND OF IN THE NEARBY AREA AND SO DO WE KIND OF HAVE ROUGH ESTIMATES OF WHEN THOSE SIGNS CAME UP? UM, AND, AND WHETHER OR NOT THE ORDINANCE FOR SIGNAGE SIZE AND HEIGHTS HAVE CHANGED SINCE THOSE OTHER SIGNS WENT UP? THE, UM, YOU KNOW, SO, SO WE DO A, A, A ROUGH COMPARISON.
AND THEN THE THIRD QUESTION, UM, SO I'LL GET ALL THREE OF THEN.
AND THEN THE THIRD ONE IS, UM, ARE THOSE OTHER TWO FACILITIES MULTI-TENANT? AND DOES THAT CHANGE THE PARAMETERS OF WHAT'S ALLOWED AS WE LOOK AT THIS ONE? OKAY, THAT'S EXACTLY RIGHT.
THE OTHER TWO ARE, ARE MULTI-TENANT, SO IT CHANGES THE WHOLE PARAMETERS OF EVERYTHING.
SO THAT'S WHY THEY'RE ALLOWED LARGER SIGNS TO BEGIN WITH.
SO I MEAN, I THINK THAT ANSWERS JUST ABOUT EVERYTHING.
AND UM, A ADDITIONALLY, UM, THE SIGNS WERE BUILT 2004 AND 2003 RESPECTIVELY AND NO, THE REQUIREMENTS WERE NOT THE SAME.
SO DO WE KNOW IF THOSE, WERE THEY WITHIN THE PERMITTED HEIGHTS AND SIZES AT THAT TIME? AT THAT TIME, YES.
AND AND IN TERMS OF THE MULTI-TENANT, IS, IS THAT ON A, LIKE A, A MASTER SIGN PLAN OR THEY JUST A MULTI-TENANT? UH, MULTI-TENANT.
AND SO THE LIMITS ARE 650 SQUARE FEET, TODAY'S WORLD.
AND WITH, WITH THE, UH, REFUELED, BECAUSE ALL OF THE THREE ENTITIES ARE OPERATING WITHIN THE SAME ROLL UP OWNERSHIP STRUCTURE, IT'S NOT CONSIDERED A MULTI-TENANT THAT'S GONNA BE OUT.
I DON'T KNOW HOW THAT GOES ABOUT GETTING A YEAH, THAT'S CORRECT.
THEY WOULD, THEY WOULD HAVE TO HAVE SEPARATE CFOS, UM, TO APPLY THAT.
AND THE WHOLE REASON BEHIND THE MULTI-TENANT IS THAT YOU'RE GONNA HAVE THREE DIFFERENT POINTS OF ADVERTISEMENT BECAUSE YOU HAVE THREE
[01:05:01]
DIFFERENT OCCUPANTS THERE.UM, AND THIS ISN'T THE CASE FOR THIS ONE, THIS IS, THIS IS ONE COMPANY OWNING ONE SIGN WITH THREE DIFFERENT OPERATING ENTITIES? UH, CORRECT.
ANY OTHER QUESTIONS FOR THE SIGN? UM, NO, HE, ALL RIGHT.
WELL, UH, STAFF THA THANK YOU.
AND I DON'T THINK WE GOT YOUR NAME FOR THE RECORD, RODRIGUEZ.
UH, STAFF, DO WE HAVE ANY, UH, VOICEMAIL OR PUBLIC COMMENTS TO BE READ IN? NO PUBLIC COMMENT.
UM, I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND I WOULD ECHO, UH, THE APPLICANT.
YOU KNOW, IF THERE'S ANY ISSUE WITH EITHER THE SQUARE FOOTAGE OR HEIGHT OR SOMETHING, MAYBE WE CAN, UM, DISCUSS THAT WITHIN THE BOARD AND PROVIDE SOME KIND OF FEEDBACK FOR THE APPLICANT.
UM, CRUZ, MS. CRUZ, UM, YOU KNOW, I'M NOT VERY BIG IN WITH BIG SIGNS, SO I'M THINKING OF INSTEAD OF 70, CAN WE GO 65 AND STILL LEAVE IT AT THE LEVEL YOU WANTED OF THE SQUARE FOOT? THE SQUARE FOOTAGE? I'M SORRY.
SO, SO, AND THAT'S A GREAT QUESTION.
THE SIZE RIGHT NOW WOULD BE A LITTLE BIT MORE IMPORTANT THAN THE HEIGHT OF IT, BUT THAT IS A GOOD QUESTION.
AND THE QUES AND THE ANSWER IS YES.
ANY OTHER? ALRIGHT, HEARING NOT, I'D ASK THE, UH, MEMBERS OF THE BOARD TO PLEASE MAKE A MOTION.
I GUESS I WOULD CLOSE THE PUBLIC PORTION AND ASK A MEMBER OF THE BOARD TO MAKE A MOTION.
WE GET A, A MOTION TO BE READ.
I'D LIKE, CAN I ASK A QUESTION? YES.
THIS SEEMS LIKE EGREGIOUS THAT, I MEAN THE SQUARE FOOTAGE, YOU KNOW, THAT YOU'RE ASKING FOR.
COULD I'M, I THINK 65 FEET IS A GREAT COMPROMISE.
COULD YOU GET IT DONE AT THE 6 96 THAT LOVES SO THAT IT'S AN EQUITABLE RESULT? YES.
IF THAT, YES, WE WOULD MAKE SOME CHANGES AND HERE'S HOW MAYBE WE COULD HELP EACH OTHER.
IF YOU LOOK BACK TO THE SHAPE OF THE REFUEL SIGN A LOT AND WE'VE HAD A LOT OF SUCCESS AND A LOT OF BOARDS HAS HELPED US HERE AND OR CITIES IS THE IDEA.
COULD YOU CONSIDER WHAT WE CALL THE NET SQUARE FOOTAGE? MEANING RIGHT NOW IT'S ALL SQUARED OFF BECAUSE THAT'S USUALLY HOW THE CODE READS.
WE'VE HAD A LOT OF PEOPLE THAT'S HELPED US AND THEY ONLY USE A NET SQUARE FOOTAGE.
SO LET'S SAY FOR EXAMPLE, AND WHEN I SAY THE NET, IF WE TAKE OUT ALL THE WASTED SPACE, IT LOWERS THE LOGO SIGN ITSELF BY LIKE OVER 120 SQUARE FEET.
I, I GET WHAT YOU'RE SAYING THERE TO GET THAT MATH, I DON'T KNOW THAT WE CAN DO THAT.
IF YOU CAN DO, THAT'S WHAT I WAS JUST, IF THAT HELPS.
BUT IF NOT, TO YOUR POINT, YES, YES.
WE COULD WORK AND I THINK YOU'RE EFFECTIVELY OPERATING AS A MULTI-TENANT IN SOME WAYS.
I MEAN, YOU DON'T HAVE AN ARBY'S THERE, BUT YOU KNOW, LIKE I GET, I DON'T KNOW THAT WE CAN SAY THAT WE CAN COUNT THE NET SQUARE FOOTAGE THAT WOULD HAVE TO DEFER TO CITY STAFF.
BUT, BUT I, I WILL JUST SAY I DON'T THINK THAT I CAN GET BEHIND THE, THE FULL ASK, BUT I COULD, I COULD DEFINITELY GET BEHIND JUST MATCHING WHAT LOVES HAS.
SO JUST THROWING THAT OUT THERE.
SO THE FULL ASK BEING WHAT THE APPLICANT IS REQUESTING WITH THEIRS.
SO OBVIOUSLY WHOEVER READS THE MOTION IS GONNA MODIFY TO WHAT YEAH, I THINK IN MY NOTES, 696 SQUARE FEET IS WHAT LOVES HAS AND AT 65 FEET TALL.
MR. STEVENS, WOULD YOU LIKE TO MAKE THE MOTION THEN AND WE'LL HAVE A, A SECOND? I, I'M HAPPY TO DO THAT.
I THINK WE'RE READY FOR THE MOTION.
REGARDING CASE NUMBER BOA DASH 25 DASH HUNDRED 3 0 4 0, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A, LET'S SEE, WHAT'S THAT MATH WE'LL ASK STAFF TO CHECK OUR MATH ON HERE TO MAKE SURE THAT WE'RE READING THE VARIANCE CORRECTLY.
JUST THEY'RE ALLOWED 3 75 BY, RIGHT? IS THAT CORRECT? CORRECT.
AND WHAT WAS THE PROPOSED, UH, OVERALL SIZE? 6 9 6.
STARTING OVER
[01:10:01]
SIGN SQUARE FOOTAGE TO ALLOW 696 SQUARE FOOT SIGN AND A 15 FOOT SIGN HEIGHT VARIANCE FROM THE MAXIMUM 50 FOOT SIGN HEIGHT TO ALLOW A 65 FOOT SIGN HEIGHT SITUATED AT 1 1 2 3 5 FISHER ROAD, APPLICANT BEING IMAGE SOLUTION SIGN COMPANY.BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE, WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT, RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE THE VARIANCES IS NECESSARY BECAUSE THE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, OR TO A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE A SECESSION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY WITHOUT THE VARIANCE THE BUSINESS LACKS.
REASONABLE MEANS TO ATTRACT PASSING TRAFFIC, WHICH IS ESSENTIAL TO ESTABLISH, ESTABLISH OPERATIONS.
DENIAL OF THE VARIANCE WOULD LIKELY HINDER VISIBILITY TO THE EXTENT OF THE LONGSTANDING COMMERCIAL ACTIVITY ON THE PROPERTY COULD NO LONGER BE SUSTAINED.
THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH BOTH FINDINGS SET FORTH IN THE SUB PARAGRAPHS, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY THE OTHER SIMILARLY SITUATED OR POTENTIALLY SIMILAR.
SIMILARLY SITUATED EXISTING SIGNS LOCATED IN THE AREA HAS SIMILAR HEIGHT AND SIZE, WHICH MEANS THE PROPOSED SIGN WILL NOT ENJOY A SPECIAL PRIVILEGE NOT SHARED BY OTHERS.
B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON THE NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON THE NEIGHBORING PROPERTIES AS A PROPOSED SIGN.
SQUARES, SQUARE FOOTAGE AND HEIGHT WILL BE SIMILAR TO THE OTHER SIGNS IN THE AREA.
AND C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE, WITH THE STATED PURPOSE OF THIS ARTICLE.
THE REQUESTED SIGN VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THE CHAPTER OF THE SIGN DOES NOT APPEAR TO BE A HAZARD TO THE SURROUNDING AREA.
DO YOU HAVE A SECOND? SECOND, MS. CRUZ? SECOND I, I THINK WE TALKED AT LENGTH ABOUT IT AND I, AND THAT SEEMS LIKE A FAIR COMPROMISE TO ME.
I CONCUR WITH MY COLLEAGUE AND I THINK WITH IT BEING AT 65 FEET HEIGHT THAT I, I CAN GO WITH THAT.
SO I, I WON'T BE SUPPORTING THIS MEASURE FOR A COUPLE REASONS.
AGAIN, YOU KNOW, THE CITY OF SAN ANTONIO, ALONG WITH BUSINESSES ALONG WITH CITIZENS AND ALONG WITH A LARGE COMMUNITY, KIND OF WENT THROUGH A SIDE ORDINANCE DIALOGUE AND, AND I DO RECOGNIZE THAT, UM, YOU KNOW, EVERYTHING THAT WAS PUT UP PRIOR TO THIS WAS PUT UP BY RIGHT.
UM, YOU KNOW, UH, WITH REGARDS TO THE, THE, UM, THE SIZING AND EVERYTHING.
SO WE'RE WE'RE COMPARING EVERYTHING, UM, YOU KNOW, AGAINST SOMETHING THAT WAS PERMITTED.
UM, AND THEN, AND THEN THE NOTION OF, YOU KNOW, IT, THERE IS A DIFFERENCE BETWEEN A SINGLE TENANT AND A MULTI-TENANT, AND THIS ONE IS SINGLE TENANT.
SO, SO WE'RE GIVING 'EM ALL KIND OF BUYS HERE THAT I DON'T NECESSARILY AGREE WITH.
SO I WILL NOT BE VOTING IN FAVOR.
MR. MADO, ANY OTHER COMMENTS FROM STEVENS? MR. STEVENS, IS THERE, I MEAN, I RECOGNIZE THAT THIS GUY HAD TO COME BACK HERE, YOU KNOW, FROM THE MIDWEST.
IS THERE ANYTHING THAT YOU WOULD PROPOSE THAT, THAT GETS HIM A SOLUTION OR IS SO I GUESS THE QUESTION FOR CITY STAFF IS, SO, UM, SIZING FOR MULTI-TENANT, UH, SO WHAT'S THE MAXIMUM SIZE FOR A MULTI-TENANT IN TODAY'S ENVIRONMENT? UM, AND MAXIMUM SIGN HEIGHT FOR A MULTI-TENANT.
SO, UM, IS THIS ABOVE THAT? FINE.
THE MAXIMUM SIZE FOR MULTI-TENANT WOULD BE 60 FEET AT 650 SQUARE FEET.
THAT WOULD BE THE MOST, AND THAT WOULD BE GRACIOUS FROM MY PERSPECTIVE.
AND I STILL DON'T KNOW THAT I'D VOTE FOR IT.
I, I'M HAPPY TO AMEND THIS SIX 50 IF, IF YOU CAN MANAGE THAT.
I MEAN, I, I'M SORRY, I DIDN'T HEAR THAT.
WHAT, WHAT DO YOU AMOUNT, SO FROM 6 96 DOWN TO 650 SQUARE FEET AND THEN THE HEIGHT DEALER'S CHOICE
SO, WELL, THEY SAID THAT BASICALLY THIS WOULD NOT BE PERMITTED EVEN GIVEN MULTI-TENANT.
SO THIS IS ABOVE THE MULTI-TENANT STATUTE ALREADY.
YEAH, I GUESS MY GAUGE WAS REALLY LIKE WHAT'S ALREADY THERE AND THE FACT THAT IT'S, IT'S ESSENTIALLY THE EXACT SAME OPERATION IN MY MIND.
BUT I'M, I'M DEFINITELY FLEXIBLE AND, AND UNDERSTAND WHERE YOU'RE COMING FROM TOO.
WELL, I GUESS I WOULD JUST ASK THE REST, YOU KNOW, I'M JUST SPEAKING FOR MYSELF AND SO WE CAN ASK THE REST OF THE BOARD MAYBE, OR DO WE WANT TO PERHAPS TAKE A ROLL CALL, VOTE AND SEE WHERE WE ARE AND THEN PREVAILING SIDE LOOK TOWARDS AN AMENDMENT ON THE HEIGHT.
IF THAT SEEMS TO BE THE WAY TO GO CHAIR, I THINK WE COULD, SHOULD TAKE A VOTE.
THAT CLOSES A PUBLIC PORTION AND UH,
[01:15:01]
WE, WE HAVE THE MOTION READ INTO THE RECORD.AND IF WE TAKE A ROLL CHAIR, JUST FOR CLARIFICATION, WE'RE, WE'RE STICKING WITH THE ORIGINAL 6 96 HEIGHT, 65 FEET.
IT, IT'S READ AS MR. STEVENS MADE THE MOTION.
THAT IS ON THE TABLE RIGHT NOW.
WHICH IS THE, UM, 6 96 AND THE 65 FOOT HEIGHT.
ALRIGHT, LET'S TAKE A ROLL CALL VOTE.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER YBANEZ? I CONCUR.
COMMISSIONER DEAN, ONE MORE TIME, SIR.
ONE OR YOU CAN GIVE US A THUMBS UP OR THUMBS DOWN.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES, I AM SORRY.
CAN YOU GIVE US A THUMBS UP? A THUMBS DOWN? THUMBS UP FROM COMMISSIONER BON VIDO.
CHARLES ZUNA? YES, I CONCUR WITH TENANT FAVOR ONE AND OPPOSITION.
THE VARIANCE DOES PASS AS READ.
THANK YOU VERY MUCH AND GOOD LUCK WITH THE PROJECT.
ARE WE READY? READY FOR THE NEXT CASE? OR SHOULD? YEAH.
OKAY, LET'S, NEXT CASE IS, IS UH, I GUESS THAT WAS CASE NUMBER FOUR.
DID THE APPLICANT SHOW UP FOR NUMBER FOUR? UH, THEY'RE MUTED.
DO WE HAVE THE APPLICANT FOR NUMBER FOUR? THIS IS, UH, AND COMMISSIONERS.
CAN YOU UNMUTE YOURSELF? 20 13 23 14 PALO ALTO IS THE APPLICANT FOR 2314 PALO ALTO HERE.
OKAY, SO LET'S, UH, LET'S GO TO CASE NUMBER FIVE.
IF YOU CAN GIVE US ONE SECOND.
I'M TRYING TO GET THE, UH, COMMISSIONERS BACK UP.
COMMISSIONER BENAVIDEZ, COULD YOU GO AHEAD AND TRY TO SPEAK SPEAK, CAN YOU NOW I CAN RIGHT IN FRONT OF ME ON THE COMPUTER, BUT NOT OVER THE LOUD SPEAKER.
WELL, SINCE YOU GUYS CAN HEAR THE PRESENTATION, WE'LL GO AHEAD AND DO THE PRESENTATION AND THEN WE'LL TEST AGAIN YOUR MICS BEFORE THE VOTE.
ITEM NUMBER FIVE IS CASE BO A DASH 25 DASH 0 3 5 6.
ADDRESS IS 5 0 7 EAST WHITTIER STREET COUNCIL DISTRICT TWO APPLICANT IS ALICE ESDA.
REQUEST NUMBER ONE IS A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR A CARPORT TO BE ONE INCH.
UH, TO HAVE A ONE INCH SIDE SETBACK, OR EXCUSE ME, TO BE, UH, ONE INCH FROM SIDE.
AND NUMBER TWO IS A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR A TWO FOOT SIDE SETBACK FROM A FRONT ADDITION ZONING IS RM FOUR.
SUBJECT PROPERTY IS LOCATED LOCATED EAST OF THE THOMAS NELSON PAGE MIDDLE SCHOOL ALONG EAST WHITTIER STREET AND LOCATED WITHIN THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION.
THE APPLICANT OBTAINED A BUILDING PERMIT AFTER CODE ENFORCEMENT ISSUED A VIOLATION.
THE CODE ENFORCEMENT INVESTIGATION IS PENDING THE RESULTS FROM THE BOARD OF ADJUSTMENT.
THE APPLICANT IS REQUESTING SIDE SETBACK VARIANCES FOR THE CARPORT AND PATIO COVER.
ADDITION SIDE SETBACK, UM, EXCUSE ME, SIDE PLAN SUBJECT PROPERTY.
THIS IS A CARPORT AND THE, UH, PATIO COVER.
ADDITION MEASUREMENT FROM THE SIDE PROXIMITY TO THE PROPERTY NEXT DOOR.
THIS IS FOR THE SIDE FOR THE PATIO COVER
[01:20:10]
SURROUNDING AREA.STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCES.
STAFF RECOMMENDS DENIAL IN CASE BO OA DASH 25 DASH 3 56 BASED ON THE FOLLOWING FINDINGS OF FACT NUMBER ONE, THE PROXIMITY OF THE ADDED CARPORT AND PATIO COVER TO THE NEIGHBORING PROPERTIES WILL NOT LEAVE ENOUGH SPACE FOR NEITHER FIRE PREVENTION NOR PROPER WATER RUNOFF.
NUMBER TWO, THE REQUESTED VARIANCES WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THREE IN FAVOR, TWO IN OPPOSITION.
AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION IN FAVOR.
THERE IS A NOTE ON THERE THAT ONE OF THOSE SIGNATURES SUBMITTED AN UPDATE TO THEIR RESPONSE FOR FROM, IN FAVOR TO IN OPPOSITION.
AND THERE IS ONE OF THE UPDATED ONES ALONG WITH THE DENVER HEIGHTS RESPONSE.
THAT CONCLUDES STAFF PRESENTATION.
ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF FIRST.
NO QUESTIONS I'D ASK THE APPLICANT TO PLEASE COME FORWARD.
UM, WHAT DO I NEED TO, ALRIGHT, UH, SORRY.
SO IF YOU WANNA TELL US ABOUT, UH, I GUESS THE CARPORT AND KIND OF THE HISTORY OF IT AND THEN WHY WE'RE SEEKING TO BURY.
UH, BEFORE COVID HIT, WE, WE WERE GOING TO FIX UP THE HOUSE AND RENT IT.
MY CURRENT HUSBAND TORE IT APART AND IT WAS BASICALLY A SHELL.
UM, OUR GOAL WAS TO EITHER RENT IT.
UM, THEN OF COURSE THE AIRBNB CAME AROUND AND I'M BARELY LEARNING ABOUT THAT.
UM, THE CARPORT I HAD BEFORE WAS MUCH CLOSER TO MY NEIGHBOR'S HOUSE.
AND SO WE TORE THAT DOWN AND WE STARTED BUILDING THIS.
I DIDN'T KNOW ABOUT PERMITS AND ALL THAT FUN STUFF.
UM, THIS IS ACTUALLY FURTHER AWAY FROM THE NEIGHBOR'S HOUSE THAN BEFORE.
AND IN MEASURING, WE FOUND OUT MY NEIGHBOR'S HOUSE IS ACTUALLY ANGLED TOWARDS MY HOUSE.
SO HER PROPERTY IS ACTUALLY IN MY PROPERTY.
AND AS FAR AS THE CARPORT IN THE FRONT, THERE'S NO CHANGE TO THE SIDE.
UM, SO THERE'S NO CHANGE TO THE SIDE.
UM, IT KIND OF WENT IN, I JUST WANTED IT STRAIGHT ACROSS.
SO WE ADDED, UM, A PIECE OF PLYWOOD AND THAT WAS, THAT WAS THE ONLY DIFFERENCE.
THE LAST TIME THE ROOF WAS DONE WAS BACK WHEN MY DAUGHTER WAS TWO, SO 30, 31 YEARS AGO.
AND MY EX-HUSBAND AND MY, I MYSELF DID IT OURSELVES.
UM, WE ARE JUST TRYING TO GET THE HOUSE LIVABLE AND UH, MY NEIGHBOR DOESN'T HAVE A PROBLEM WITH HOW CLOSE IT IS.
AND SHE ACTUALLY, WE WENT SATURDAY TO GO SEE 'CAUSE SHE DIDN'T UNDERSTAND WHAT WE WERE, WHAT WE WERE TALKING ABOUT AND ALL OF THIS.
AND SHE GOT TO SEE FOR HERSELF THAT HER HOUSE IS ACTUALLY IN MY YARD.
AND SO WE'RE TRYING TO WORK TOGETHER TO FIGURE OUT HOW WE'RE GONNA DO THE RUNOFF FROM HER HOUSE.
SO DO YOU HAVE GUTTERS ON ON THE CO I DO NOT.
DOES THE WATER FLOW TOWARDS THE NEIGHBOR'S HOUSE OR WHERE DOES THE WATER FLOW TOWARDS? IT'S, IF IT'S GONNA FLOW INTO HER HOUSE, BUT IT FLOWED WORSE WITH THE OTHER ONE.
WE'RE GONNA DO A, UM, MY HUSBAND CALLED IT A, A FRENCH DRAIN.
AND HER HUSBAND AND MY HUSBAND ARE GONNA GET TOGETHER AND DO THAT TOGETHER AND HAVE IT GO OUT INTO THE STREET.
AND WHOSE PROPERTY IS THE FRENCH DRAIN GONNA, IT'S GONNA BE ON BOTH.
WE'RE GONNA KIND OF COMBINE IT.
WE'RE, WE'RE, WE'VE BEEN NEIGHBORS AND BEST FRIENDS FOR QUITE SOME TIME, SO WE'RE WORKING TOGETHER TO GET ON THAT.
AND THEN, SO YOU HAVE NOT APPLIED FOR A BUILDING PERMIT YET ON THIS, RIGHT? I'M WAITING FOR THIS.
I, THEY TOLD ME I HAD TO WAIT FOR THIS.
AND BEING SO CLOSE TO YOUR NEIGHBOR'S PROPERTY, THERE'S A, YOU WILL BE REQUIRED TO FIREPROOF AND THERE'S GONNA BE SOME FIREPROOFING REQUIREMENT SHE HAS TO THE CITY.
THE CITY IS CURRENTLY BUILDING.
UM, THEY'RE REDOING HER HOME, HER HOME.
THEY'RE DOING TO HER HOME FOR FREE.
UM, BUT I NEED TO KNOW IF SHE'S GONNA HAVE HER AREA FIREPROOF.
[01:25:01]
TRYING TO FIND OUT THROUGH THE CITY.'CAUSE SHE'S ON A PROGRAM WHERE THEY'RE REDOING HER ENTIRE HOUSE.
BOTH WOULD HAVE TO BE FIRE RATED PROPERLY.
AND IT HAS NOTHING TO DO WITH WHAT THEY HAVE TO APPROVE HERE.
IF IT'S APPROVED, JUST NOTE THAT YOU HAVE TO ABIDE BY THE FIRE RATING STANDARDS.
I'LL, YOUR NEIGHBOR DOES ALSO HAVE TO.
I, I DON'T KNOW WHAT ALL THAT.
YEAH, THAT'S SOMETHING THAT PERMITTING WILL DISCUSS WITH YOU IF THIS IS APPROVED.
ANY OTHER, ANY QUESTIONS FOR THE APPLICANT? YES MAAM.
UM, CAN WE DO A QUICK SOUND CHECK, UH, WITH ONE OF THE COMMISSIONERS ONLINE PLEASE? CAN YOU HEAR ME? YEP.
SO I'M LOOKING AT, AT THE PHOTOS THAT ARE PROVIDED THAT WERE PROVIDED.
AND SO, SO IT LOOKS LIKE ONE OF THE PICTURES SHOWS A SHOWS, UM, WE'LL SAY THE FRONT OF THE CARPORT SLOPING TOWARDS THE STREET.
UH, WHICH ONE IS THAT? AM I MISUNDERSTANDING THAT, THAT PARTICULAR PICTURE? SO YOU SEE THE BACK PORTION LOOKS LIKE IT IS SLOPING TOWARDS THE NEIGHBOR'S PROPERTY.
BUT IF I GO TO THE PICTURE AT THE FRONT OF THE HOUSE, THAT ONE RIGHT THERE.
SO IT LOOKS LIKE THAT PORTION IS SLOPING TOWARDS THE FRONT OF IT'S A MATCH PITCH TO THE REST OF THE HOUSE.
SO, SO, SO YOU HAVE A MATCH PITCH GOING FOR THE FRONT PART OF THE CARPORT AND THEN THE BACK PART OF THE CARPORT IS SLOPING TOWARDS YOUR NEIGHBOR'S PROPERTY.
AND THEN, UM, SO AND SO QUESTION FOR CITY STAFF HERE.
IT IT, YOU KNOW, BY THIS PICTURE, IT LOOKS LIKE THERE IS NOT REALLY A GAP BETWEEN THE TWO HOMES WITH REGARDS TO THE, UM, SPACING BETWEEN THE TWO ROOFS THERE.
UM, SO IS MY, IS IT OPTICAL? UM, NO.
WITH REGARDS TO THE PICTURE THERE OR YEAH, I THINK THERE'S A RIGHT THERE THAT, THAT SHOWS BETTER.
SO, SO, UM, IT STARTS WITH A PRETTY GOOD GAP.
MY LINE IS STRAIGHT AND AS I SAID, HERS IS AT AN ANGLE, SO IT, IT, HERS COMES INTO MINE, MINE IS STRAIGHT AND IT'S OFF HER OFF THE PROPERTY.
SO, SO ONE OF THE THINGS THAT I ALWAYS LOOK FOR IS, YOU KNOW, IS, IS WE WANT EVERYBODY TO BE SAFE IN CITY SAN ANTONIO.
AND SO, AND SO WHEN IT IS THAT WE HAVE A STRUCTURE WITHIN FIVE FEET OF THE PROPERTY LINE, UM, YOU KNOW, AND THEN WE PUT ANOTHER ONE WITHIN FIVE FEET.
THAT'S, THAT'S A NICE GAP THERE.
WHEN WE START TO CLOSE THAT GAP, THEN ALL OF A SUDDEN IT STARTS TO BE THE FIRE RATING DIALOGUE AND, AND, AND FIRE SPREAD.
AND HERE BECAUSE THEY'RE SO CLOSE, YOU KNOW, THAT THAT'S, THAT'S UM, FROM MY PERSPECTIVE, THE PREVIOUS, THE PREVIOUS ONE I HAD WAS ACTUALLY OVER HER PROPERTY.
AND THE ONE THAT I HAD IN THE FRONT, IT WAS OVER HER PROPERTY.
THE ONE IN THE BACK, UH, WAS ACTUALLY ON THE FENCE LINE.
SO THIS IS ACTUALLY IN MY PROPERTY AND AWAY FROM THE FENCE LINE.
AND AGAIN, I MEAN WE'RE GONNA DO A FRENCH DRAIN TOGETHER AND, AND TAKE CARE OF THAT.
SO HER HOUSE DOESN'T GET AFFECTED AND I'M JUST TRYING TO WORK WITH THE OTHER NEIGHBOR 'CAUSE HIS WATER IS ACTUALLY COMING INTO MY HOUSE.
SO WE'RE TRYING, THEY'RE NEW NEIGHBORS SO WE GOTTA WORK WITH THEM AS WELL.
AND SO IT, SO IT LOOKS, SO, SO THERE'S A PICTURE PROVIDED ON THE FIRST, I GUESS THAT WAS HAND DRAWN AND IT SHOWS THE WIDTH OF THE CARPORT TO BE 15 FOOT.
IS THAT CORRECT? I BELIEVE SO.
AND SO, SO A QUESTION I WOULD ASK IS, UM, YOU KNOW, SO 15 FOOT'S A LITTLE BIT GENEROUS WE'LL SAY WITH REGARDS TO A CARPORT MM-HMM
AND SO COULDN'T THAT BE REDUCED ANY SO THAT THERE'S I'M RIGHT ON MY LINE.
LIKE THE, LIKE I SAID, THE PREVIOUS ONE WAS ACTUALLY FURTHER OUT.
WE PUSHED IT AS FAR AS WE POSSIBLY COULD.
THE, THE HOUSES ARE SO CLOSE TOGETHER.
I EVEN HAVE PICTURES, JUST RANDOM PICTURES FROM THE NEIGHBORHOOD FROM STREET TO STREET AND THERE ARE SEVERAL OF THEM LIKE THAT.
AND WE'RE, WE'RE PRETTY FAR OVER.
SO, UM, SO, SO YEAH, WE SEEN CAR, YOU KNOW, WE'VE SEEN CARPORTS AS NARROW AS NINE FEET, YOU KNOW, SO, SO, SO YOU KNOW, SO TRYING TO FIGURE OUT MINIMALLY WHAT'S REQUIRED WITH REGARDS TO THE COVERING.
SO TRYING TO PROVIDE SOME FOR SOME SPACING THERE.
AND SO, SO THAT'S WHAT I'M LOOKING AT IS THAT, THAT LINE THERE.
ANY OTHER QUESTIONS FOR THE APPLICANT STAFF? DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENTS TO BE READ IN? NO PUBLIC COMMENT.
AND JUST TO CLARIFY, WE DID SEARCH, UM, WE DID NOT FIND ANYTHING THAT SAID THIS IS A ZERO LINE DEVELOPMENT.
UM, EVEN THOUGH IT WAS BUILT AT A TIME BEFORE THOSE REQUIREMENTS WERE HAVING TO BE PUT ON THE PLA WE JUST COULDN'T FIND ANY EVIDENCE OF THAT.
WE DO RECOGNIZE THAT THESE HOUSES ARE BUILT CLOSE.
AND WITH THAT SAID, IF THE VARIANCE WERE TO BE APPROVED TODAY, THE BUILDING PERMIT PROCESS WOULD HAVE HER COMPLY WITH ALL BUILDING FIRE CODE AND CORRECT OTHER REGULATIONS.
[01:30:01]
THAT THE FRENCH DRAIN WOULD BE BUILT KIND OF BETWEEN THE PROPERTIES.UM, IS THAT AN ISSUE WHERE THEY HAVE SHARED MAINTENANCE WITH THE, UH, IT'S, UH, THE FRENCH DRAIN WOULD BE ON THE GROUND SO THAT IT WOULDN'T REQUIRE ANY KIND OF ZONING APPROVAL OR ANYTHING LIKE THAT? ANY OTHER QUESTION FOR THE APPLICANT? HEARING NONE THAT WOULD CLOSE THE PUBLIC PORTION AND I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANNA MR. MANNA REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 5 6.
I MOVED THAT THE BOARD ADJUSTMENT GRANT, UM, GRANT A THREE FOOT VARIANCE FROM THE MINI MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT TO BE TWO FOOT SIDE SETBACK AND TWO, A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT SIDE SETBACK FOR THE FRONT SITUATED AT 5 0 6 EAST WHITTIER STREET.
APPLICANT BEING ALICIA ES STRADA BECAUSE TESTIMONY PRESENTED TO US AND FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER'S PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC ASS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE OF VARIANCES NOT CONTRARY TO PUBLIC INTEREST.
THE VARIANCES ARE NOT CONTRARY TO PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE PREVENTION.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE REQUIREMENTS WOULD RESULT IN UNNECESSARY HARDSHIP AS A LOT IS LIMITED IN DEVELOPMENT SPACE WITHOUT THE VARIANCES.
THREE, BY GRANTING THE VARIANCES SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE REQUESTED APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE ENCROACHMENT OF THE ADDED STRUCTURES INTO THE REQUIRED SETBACK.
DOES NOT ALLOW ENOUGH SPACE FOR FIRE PREVENTION AND PROPER WATER READ OFF FROM THE PROPER PERMITTED PERMITTING.
SAFEGUARDS FOR THE VARIANCES 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.
FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE JAMES FORM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN HIS PROPERTY IS LOCATED THE SIDE SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES, UH, AS SUFFICIENT SPACE WILL REMAIN FOR FIRE PREVENTION AND PROPER WATER RUNOFF.
SIX APPLIED TO THE OWNER OF PROPERTY FOR WHICH A VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS AND DISTRICT, WHICH IS PROPERTY IS LOCATED.
THERE ARE UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY FROM THE SIDE.
SETBACK VARIANCES IS THE LIMITED DEVELOPMENT SPACE AVAILABLE ON THE LOT.
END OF MOTION OF A SECOND, SECOND, SECOND.
SO, SO I DID READ THIS TO, UH, LIMIT THE SIZE OF THE, OF THE CARPORT SIMPLY BECAUSE I, I, YOU KNOW, I, I DO WORRY WHEN I SEE, UH, STRUCTURES BUILT SO CLOSE TOGETHER FOR THE, FOR THE NOTION OF THIS FIRE SPREAD, BUT I THINK IT STILL LEAVES ENOUGH SPACE, UM, PER THE DIAGRAM THAT WAS PRESENTED TO ALLOW FOR ADEQUATE PARK UNDERNEATH.
AND SO, SO WITH THAT I'LL BE, UM, VOTING IN FAVOR OF THE MOTION AS AMENDED.
MR. STEVENS, I TOO WILL BE IN FAVOR OF THE AMENDED MOTION.
I THINK THAT IT WAS A REALLY GOOD COMPROMISE THAT MR. MANA FOUND.
I'M VERY FAMILIAR WITH THIS NEIGHBORHOOD AND I KNOW, YOU KNOW, THERE ARE A HUNDRED YEAR OLD HOUSES BUILT ON LOTS THAT USED TO HAVE ONE HOUSE.
BUT I THINK GIVING TWO FEET OF BREATHING ROOM IS, IS ADEQUATE.
UH, LET'S GO AHEAD AND TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
PROBABLY NOT EVERYTHING WAS INCLUDED.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
'CAUSE THERE WAS AN AMENDMENT FROM WHAT YOU ORIGINALLY REQUESTED.
AS YOU UNDERSTAND WHAT, WHAT, UH, WAS APPROVED TODAY.
HOW ARE WE DOING? UH, ANYBODY NEED A BREAK OR DO YOU WANT TO CONTINUE TO ROLL? GREAT.
LET'S TAKE, UH, WHAT, A EIGHT MINUTE BREAK.
EIGHT MINUTE BREAK AS REQUESTED FOR CONTINUANCE TO THE JUNE 2ND, UH, MEETING.
SO MOVED TO WHAT TO WHAT DATE? JUNE 2ND.
JUST SO THAT IT'S FOR THE RECORD, ITEM NUMBER FOUR IS LOCATED AT 2314 PALO ALTO.
[01:35:01]
DO WE NEED TO READ IN ANY, UM, ANY VOICEMAILS OR ANY PUBLIC, UH, CONFERENCES? THERE, THERE IS ONE VOICEMAIL THAT WE NEED TO, UM, PUT ON REAL QUICK.MAYBE YOU CAN DO VOICEMAIL FOR ITEM NUMBER FOUR, PLEASE.
HI, THIS IS MARIA LISA CASTANERA.
MY TELEPHONE NUMBER IS SEVEN TWO FIVE NINE THREE FOUR TWO.
UM, I'M CALLING BACK BECAUSE I AM IN FAVOR OF THAT FENCE BECAUSE IT WILL PROTECT MY PROPERTY.
2318 PALO ALTO IN 2322 PALO ALTO ROAD SINCE I WAS ONE TIME, UH, THERE'S A LOT OF HOMELESS BODY AND THEY BROKE INTO ONE OF MY HOUSES.
DOES THAT CONCLUDE THE PUBLIC PORTION OF THAT? YES, SIR.
SO WE, UH, JUST NEED THE OFFICIAL VOTE.
UH, LET'S TAKE, DO ROLL CALL, VOTE OR VOICE? VOICE, VOICE VOTE FINE.
WE HAD A MOTION FOR APPROVAL FOR CONTINUANCE FOR THE CONTINUE.
MY NAME IS JOEL PAULUS, PLANNER WITH DEVELOPMENT SERVICES AND THIS IS BO OA DASH 25 DASH 1 0 3 0 0 0 5 8.
THE ADDRESS IS 3 22 COUPLES ROAD.
CONS DISTRICT FIVE AND THE APPLICANT IS ELISA RAMIREZ.
SHE'S REQUESTING ONE A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR A CARPORT WITH A SIX INCH SIDE SETBACK.
TWO, A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ADDITION WITH A TWO FOOT SIX INCH SIDE SETBACK AND THREE A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR AN ACCESSORY STRUCTURE WITH A SIX INCH SIDE SETBACK.
THE SUBJECT PROPERTY IS LOCATED JUST SOUTH OF CASTROVILLE ROAD ACROSS FROM SAN FERNANDO CEMETERY TWO IN MARCH, 2025.
THE PROPERTY WAS CITED BY CODE COMPLIANCE FOR BUILDING THE CARPORT IN QUESTION WITHOUT A PERMIT AND WITHIN THE SIDE SETBACK UPON SITE VISITS, STAFF FOUND AN ADDITIONAL STRUCTURE IN THE REAR THAT REQUIRED A SIDE SETBACK AND A RECENT ADDITION TO THE REAR OF THE PROPERTY THAT REQUIRES A SETBACK VARIANCE.
MAINTAINING THE TWO FOOT SIX INCH ON THE ADDITION REQUIRES A VARIANCE.
HOWEVER, A SIX INCH ADMINISTRATIVE VARIANCE WOULD ALLOW ADDITION IF APPROVED.
DATED STREET VIEW PHOTOGRAPHY SHOWS THE CARBO CARPORT WAS BUILT AFTER APRIL, 2016.
THIS CASE WAS INITIATED BY A CODE COMPLIANCE INVESTIGATION THAT STARTED ON MARCH, 2025.
THIS IS SHOWING THE LOCATIONS OF THE VARIANCE REQUESTED.
THIS IS THE SUBJECT PROPERTY AND SOME HISTORICAL PHOTOGRAPHS.
THIS IS THE CURRENT VIEW OF THE STRUCTURE IN THE REAR AND THE SET SIDE SETBACK.
THE FOLLOWING PHOTOS ARE THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR CARPORT AND ACCESSORY STRUCTURE.
SETBACK VARIANCE STAFF RECOMMENDS DENIAL BASED ON
[01:40:01]
THE FOLLOWING FINDINGS OF FACT ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF.FIRE SAFETY AND STRUCTURE MAINTENANCE.
AND TWO, SUFFICIENT DEVELOPMENT DEVELOPMENT SPACE EXISTS ON THE REAR YARD.
RECOMMENDATION FOR THE PRINCIPAL STRUCTURES SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BOA DASH 25 DASH 1 0 3 0 0 0 5 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE ESTABLISHED SETBACK ON THE STRUCTURE AND REDUCED HISTORICAL SETBACKS WERE OBSERVED IN THE AREA.
AND TWO SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
THREE WERE IN FAVOR WITH ONE IN OPPOSITION.
EL CHARO NEIGHBORHOOD ASSOCIATION IS ALSO IN SUPPORT.
THIS IS THE SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION AND A PETITION THAT WAS SUBMITTED.
THIS CONCLUDES STAFF PRESENTATION.
ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF.
ANY QUESTIONS FOR STAFF? HEARING NONE, I ASK THE APPLICANT TO PLEASE COME FORWARD.
AND, UH, LET'S HEAR YOUR, UH, PRESENTATION OF THE CASE REQUESTING THE VARIANCE, RIGHT? YES.
UM, MY NAME IS ELISSA RAMIREZ.
I'VE BEEN LIVING AT 3 22 COUPLES, UM, FOR ABOUT 13 YEARS NOW, EVER SINCE OUR SON TURNED THREE MONTHS OLD.
UM, SO MY CARPORT HAS BEEN UP THERE FOR NINE YEARS, RIGHT? I'M REQUESTING A PRE APPROVAL VARIANCES FOR MY CARPORTS IN THE FRONT AND IN THE BACK.
AND THEN ALSO FOR THE SITE EDITION THAT I RECENTLY ADDED.
UM, THE ITEMS WERE BUILT TO PROTECT OUR VEHICLES AND OUR PROPERTY FROM, UM, WEATHER DAMAGE, HAIL, THINGS LIKE THAT.
ALSO, YOU KNOW, A PLACE FOR MY CHILDREN TO PLAY WHEN IT'S RAINING.
THE HOUSES ARE VERY CLOSE TOGETHER.
UM, AND AS YOU WERE ABLE TO SEE IN SOME OF THE PHOTOS, UM, MANY OF THE, UM, CARPORTS WERE ALSO SLANTED OR ALSO BUILT RIGHT UP AGAINST PROPERTY LINES.
UM, I FEEL LIKE MY CARPORT IS MUCH SAFER THAN SOME OF THE ONES AROUND BECAUSE IT IS MADE OF METAL AND THE WAY WE BUILT IT, WE BUILT IT SO THAT IT'S SLANTED TO THE STREET AND TO OUR BACKYARD.
IT'S NOT SLOPING DOWN INTO OUR NEIGHBOR'S PROPERTY.
UM, SO I AM HUMBLY ASKING FOR YOU GUYS TO REPRESS, RE ACCEPT OR APPROVE OUR VARIANCE REQUEST JUST BECAUSE I FEEL LIKE IT'S NOT DOING ANY HARM TO ANYONE NEARBY.
AND, UM, IT'S JUST TO PROTECT OUR PROPERTY, OUR VEHICLES AND THINGS LIKE THAT.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT.
YES, I SAW TO THE STAFF, I SAW SOMETHING EARLIER THAT SAID THAT THEIR CARPORT WAS ABUTTING TO THEIR HOUSE.
THE WOOD WAS ABUTTING TO THE HOUSE.
CAN I SEE THAT PHOTO? UM, WE WERE JUST MENTIONING, WE WERE JUST MENTIONING THAT THE CARPORT IS SIMILAR TO THE LAST CASE, UM, STRAIGHT, UM, ABUTTING TO THE HOUSE.
THE REAR CARPORT IS NOT ABUTTING TO ANY JUST A YARD.
THAT PREVIOUS PICTURE I SHOWED IT.
GO TO THE OVERHEAD, OVERHEAD PHOTO.
AND THAT'S OUR NEIGHBOR'S, UM, PROPERTY RIGHT THERE WHERE THE WOOD ONE ONE SOMETHING OF METAL UP, UH, GO UP.
SO THREE 18 HAS THE WOOD CARPORT ON THE RIGHT SIDE.
UH, SOUTH SIDE IS ABUTTING THE, THE ACTUAL PROPERTY NEXT DOOR.
BUT THE ACCE, THE DETACHED ACCESSORY STRUCTURE IN THE REAR DOES NOT ABUT ANYTHING.
NUMBER THREE THAT YOU SEE ON THE SCREEN, HOW MUCH SAYS THAT? OKAY, SO, SO I STILL DON'T SEE ANY, ANY PART OF THE CARVER TOUCHING THE OTHER HOUSE.
IT'S NOT, AND IT'S SLANTED, LIKE I SAID, TOWARDS THE STREET.
SO THE WATER RUNOFF GOES DOWN TO THE STREET AND TO OUR BACKYARD, SO NOTHING'S TOUCHING OUR NEIGHBORS.
AND WE DID SIX INCHES FROM THE PROPERTY LINE.
WE DID MEASURE, UH, SIX INCHES FROM THE PROPERTY LINE.
AND STAFF DID RECOGNIZE THAT THE WAY THE CARPORT IS BUILT SL FORWARD, UH, WITH THE METAL.
UH, YEAH, BECAUSE I'M, I'M LOOKING AT A PHOTO AND RIGHT THERE IT'S THEIR OVERHANG.
[01:45:01]
THAT'S ACTUALLY, IT'S HER, YEAH, IT'S THERE OVERHANG THROUGH THERE.I ALSO HAVE A PHOTO THAT, UM, IS THAT WHAT YOU'RE TALKING ABOUT? THERE'S A VIDEO.
IT'S, SO MY HOUSE IS WITH THE METAL ROOF THAT I GUESS THE OPPOSITION IS FIGHTING THAT WE'RE DOING DAMAGE, BUT IT'S ACTUALLY HER PROPERTY THAT'S GOING INTO OUR AREA.
IF YOU PLAY THAT VIDEO WITHOUT SOUND
THERE'S NOTHING GOING OVER TO HER HOME.
UM, ALL THE RUNOFF IS ACTUALLY COMING INTO OUR HOUSE.
AND THEN THERE'S A REALLY BAD PORTION WHERE THERE'S SOMETHING CURVED AND CIRCULAR AND IT'S POURING VERY HARD INTO OUR PROPERTY.
WHICH I MEAN, AGAIN, THANK YOU.
MR. MANER, DID YOU HAVE ANY QUESTIONS OR? NOT AT THIS TIME.
UH, SO I DID HAVE, HAVE A QUESTION OBVIOUSLY.
I, I, ON THE NOTIFICATION, UH, I SAW THE NEIGHBOR SUPPORTING THE REQUESTS AND THEN WE GOT THE NEIGHBORHOOD ASSOCIATION CHARRO IN SUPPORT.
I GUESS THE, THE NEIGHBOR THAT IS WHAT, AT 3 26 COUPLES.
I I IMAGINE WE'RE GONNA HEAR FROM HER.
AND I WANTED TO SEE IF YOU HAD A CHANCE TO REACH OUT AS HOW MAYBE THERE'S, UM, SOME ONGOING ISSUES.
I, I MEAN THERE'S I GUESS A LITTLE BIT OF A HISTORY.
I TRY TEND TO BE VERY BUSY, SO I'M JUST LIKE IN AND OUT MINDING MY OWN BUSINESS WITH MY FAMILY.
I'VE RECENTLY STARTED CARING FOR MY MOTHER.
SO IT'S JUST LIKE BUSY, BUSY BETWEEN MY KIDS' SCHEDULES AND HER APPOINTMENTS AND, OKAY.
UM, AND I ACTUALLY HAVE THIS PHOTO THAT I DON'T THINK I SUBMITTED, BUT THIS PORTION OF HER HOUSE THAT'S HANGING INTO MY, THAT'S WHERE IN THE VIDEO, LIKE YOU COULD SEE LIKE THE WATER GUSHING INTO, 'CAUSE IT'S FALLING OFF THIS ONE PART OF HER HOUSE.
YOU KNOW, IT'S NOT, IF YOU COULD HAND THAT TO STAFF, WE'LL PROJECT IT ON THE SCREEN.
SO IT'S JUST THAT ONE LITTLE PIECE OF HER HOUSE THAT'S OVERTHINKING.
WELL STAND TIED WE'LL IN AND BRING IT BACK UP FOR FINAL REBUTTAL.
UM, OKAY, SO NOW STAFF, DO WE HAVE ANY OTHER VOICEMAIL OR PUBLIC, UH, COMMENTS? WE DO HAVE ONE SIGN UP TO SPEAK, UH, MS. GARCIA.
AND ACTUALLY WHAT YOU'RE SEEING IS A RUNOFF FROM MY HOUSE ONLY BECAUSE THEY BUILT THEIR CARPORT ILLEGALLY.
AND WHEN I ASKED HIM ABOUT IT, HE SAID HE HAD A PERMIT AND HE HAD IT ON THE CORNER OF THE HOUSE.
AND I SAID, DON'T YOU THINK THAT'S A LITTLE BIT TOO CLOSE? AND HE SAYS, WHY DON'T YOU MOVE YOUR HOUSE,
AND MY AND MY HOUSE FOUNDATION HAS GONE DOWN BETWEEN SIX AND 12 INCHES.
AND THAT'S WHY NOW THE RUNOFF GOES, BECAUSE MY HOUSE IS NOW SLANTED.
HE SAYS HE IS NOT DOING DAMAGE, BUT HE IS, YOU KNOW, ALL THAT WATER IS COMING TO MY HOUSE.
AND BECAUSE IT'S KIND OF SPITS BECAUSE HIS PLATES ARE GOING DOWN, IT SPITS, IT'S RUINED.
AS FAR AS THE BACK GOES, YES, HIS, HIS ROOF IS OVER KIND OF TOWARDS MY FENCE.
HE HAS PLENTY OF ROOM TO MOVE IT.
AND I'M NOT WORRIED ABOUT THAT ONE.
I'M, I'M WORRIED ABOUT THE CARPORT THAT HE NEEDS TO EITHER MOVE IT OR DO SOMETHING DIFFERENT BECAUSE THAT'S WHY MY HOUSE IS, WHEN THEY MOVED IN, I HAD NO PROBLEMS. BUT THEN WHEN THEY BUILT THAT CARPORT, MY HOUSE HAS JUST SANK.
THAT FOUNDATION IS JUST GOING BAD, YOU KNOW, AND I WAS TRYING TO BE REASONABLE WITH HIM, BUT AT FIRST HE JUST DIDN'T WANNA BE REASONABLE.
I JUST, YOU KNOW, TOLD HIM IN A NICE WAY, YOU KNOW, WHEN I SAID, OH, YOU KNOW, IT'S JUST TOO CLOSE.
AND HE SAID, WELL, I HAVE THE PERMITS.
HE GOES, AND THE INSPECTOR'S GONNA COME.
AND I WAS LIKE, OKAY, YOU KNOW, WHAT COULD I DO? BUT WHEN THEY PUT MY CAMERAS UP, THE GUY WHO DID MY CAMERAS DOES RENOVATION, HOME RENOVATIONS.
AND I DIDN'T EVEN KNOW I HAD TO GO TO MY NEIGHBOR ASSOCIATION TO FIGHT THIS.
BUT WHEN HE PUT THE CAMERAS UP, HE SAID, WHY IS THIS CARPORT SO CLOSE TO YOUR HOUSE? AND I SAID, WELL, I DON'T KNOW.
HE GOES, NO, MS. GARCIA, THERE'S, UNLESS HE GOT PERMISSION FROM YOU, UM, TO PUT THIS CARPORT SO CLOSE, HE GOES, DOESN'T IT SPIT A
[01:50:01]
LOT OF WATER? AND I SAID, YEAH, IT DOES.HE SAID, I CAN SEE YOUR FOUNDATION ALREADY, THE CRACKING.
SO HE SAID, I WOULD GO AND CALL CODE COMPLIANCE.
SO THAT'S WHY IT TOOK ME SO LONG BECAUSE I REALLY BELIEVED HIM AND HER THAT THEY WERE LEGIT.
AND NOW WE FIND OUT, YOU KNOW, EVERYTHING THAT HE'S BUILT HAS NOT BEEN WITH PERMITS.
SO EITHER THEY HAVE TO REMOVE IT OR PUSH IT BACK, OR THE DRAINAGE DOESN'T COME TO MY HOUSE BECAUSE I CAN'T AFFORD TO BUY A NEW FOUNDATION.
YOU KNOW, I AM ON A SET INCOME AND THAT'S NOT FAIR TO ME.
YOU KNOW? UM, AND THAT'S ALL I HAVE TO SAY.
SO, SO, SO ONE OF THE THINGS THAT, UM, WE HEAR FROM APPLICANT SOMETIMES IS THAT, YOU KNOW, SO WATER RUNOFF IS CERTAINLY A CONCERN THAT WE HEAR ABOUT A LOT.
AND SO SOMETIMES WE TALK TO THE APPLICANTS WITH REGARDS TO MANAGING THE WATER RUNOFF AND BY PUTTING IN GUTTERS AND, AND RUNNING THE WATER INTO WE'LL SAY, UM, UH, AREAS THAT WOULDN'T IMPACT NEIGHBORS.
AND SO DO YOU THINK IF THEY HAD ADDED A GUTTER? WELL, YOU KNOW, I DID TELL HIM THAT IN THE VERY BEGINNING.
I SAID, YOU'RE GONNA PUT A GUTTER.
AND HE SAID, YOU DON'T HAVE TO WORRY ABOUT IT.
SO HE GOES, IT'S NOT GONNA RUN OFF.
AND I SAID, IT IS GONNA RUN OFF BECAUSE YOU'RE SO CLOSE.
HE SAID, NO, I MEAN, I'VE TRIED, I ACTUALLY TRIED TO COMPROMISE WITH HIM, BUT YOU KNOW, HE JUST KEEPS MAKING EXCUSES, YOU KNOW? AND THEN, UM, THERE WAS AN ACCIDENT, YOU KNOW, WHERE, YOU KNOW, AND IF, IF NOT THAT, YOU KNOW, WHEN I DID REPORT IT, THE LADY SAID, WELL, HE SAID HE DIDN'T KNOW WHEN THEY WERE BUILDING IT.
I SAID, JUAN HAS, HAS WORKED IN CONSTRUCTION AND REBUILDING.
NOT ONLY THAT ELISA'S BROTHER, HE DOES THE SAME THING.
HE DOES FOUNDATIONS AND HE DOES WOODWORK.
AND HE'S WORKED WITH EITHER THE CITY AS HE'S WORKING WITH NOW, I'M NOT SURE, BUT HE EVEN HAS A TRUCK.
SO HE KNEW THAT THAT SETBACK WAS WRONG.
THE ONLY PERSON THAT DIDN'T KNOW WAS ME.
YOU KNOW, I WASN'T KNOWLEDGEABLE, BUT THEY WERE, THEY WERE KNOWLEDGEABLE AND SHE IS KNOWLEDGEABLE.
YOU KNOW, SHE, SHE WENT TO THE ASSOCIATION TO, OKAY THIS, BUT IT'S NOT OKAY BECAUSE SHE DIDN'T SAY THE TRUTH.
AND NOTHING WAS WRONG WITH MY FOUNDATION UNTIL THAT CARPORT WENT UP AND IT STARTED CRACKING.
IT CRACKED THE FIRST ONE, AND THEN IT STARTED WITH THE SECOND ONE THAT JUST CRACKED AND IT KEEPS SINKING.
SO DO YOU THINK IF THEY, IF THEY WERE TO PUT UP GUTTERS AND ROUTE THE WATER AWAY FROM AWAY FROM YOUR HOUSE, THAT THAT, THAT WOULD BE ACCEPT MORE ACCEPTABLE FROM YOUR PERSPECTIVE? AS LONG AS THEY WOULD PUT UP GUTTERS AND, YOU KNOW, THAT LADY WAS SAYING THE FRENCH THING.
YOU KNOW WHAT I MEAN? AS LONG AS IT'S NOT RUINING MY HOUSE AND MY PROPERTY, YOU KNOW, I CAN COMPROMISE.
BUT, YOU KNOW, EVERY TIME I TRY TO, THEY JUST DON'T WANT TO HEAR IT, YOU KNOW? AND THAT'S NOT FAIR TO ME.
YOU KNOW, I, I'VE LIVED IN THAT HOUSE ALL MY LIFE AND NOTHING, YOU KNOW, I MEAN, I'VE HAD OTHER, UM, NEIGHBORS THAT WERE GREAT, YOU KNOW, AND, AND THEN NOT ONLY THAT IT'S A FIRE HAZARD AND IT'S NOT LIKE THEY RESPECT THAT BECAUSE THEY'RE ALWAYS FIRE AND FIRECRACKERS, YOU KNOW? WHICH IS A DANGER TO ME.
'CAUSE I HAVE H UH, A HOUSE WITH TREES KIND OF, KIND OF POINT OF ORDER.
AND WE'RE NOT TALKING ABOUT HERE.
SO LET'S, LET'S KEEP IT TO THE, UH, SIDE.
SO I THINK IT'S JUST, YOU KNOW, A DANGER FOR ME AND MY HOUSE, YOU KNOW? THANK YOU.
ANY OTHER QUESTION FOR THE APPLICANT? WELL, THANK YOU FOR YOUR TIME.
SO THAT'LL BE IN CONSIDERATION.
AT THIS TIME I, I'D ASK THE, UH, THE APPLICANT IF YOU'D LIKE TO COME FORWARD.
YOU, YOU HEARD YOUR NEIGHBOR, UH, LET'S TALK ABOUT ANY KIND OF, WELL, I'M MORE THAN WILLING TO PUT UP GUTTERS IF THAT'LL MAKE HER FEEL BETTER, BUT I THINK AS IF WE WERE TO SEE THE FULL VIDEO, AS YOU CAN SEE, THE SHAPE OF THE CARPORT, IT BEING METAL, IT BEING OFF OF HER FRIENDS AT LEAST SIX INCHES.
THERE'S NO RUNOFF COMING DOWN FROM MINE.
AND FROM SPECIFICALLY THAT PIECE THAT THEY SHOWED YOU WHERE IT'S GUSHING, IF YOU WATCH FURTHER INTO THE VIDEO OR MAYBE FAST FORWARD AND PAUSE IT, YOU COULD SEE EXACTLY WHERE THAT SPOT OF HER HOUSE IS FALLING, FALLING DOWN, GUSHING.
AND THEN THAT'S EXACTLY WHERE SHE'S HAVING TO LIKE, TRY TO MAKE MODIFICATIONS.
[01:55:01]
SOMEWHERE TOWARDS THE MIDDLE PROBABLY, UM, THAT SPOT RIGHT THERE, IF HE'S, MY HUSBAND'S GONNA GO DOWNWARDS SOON.UM, AND YOU'LL SEE THAT THAT'S EXACTLY WHERE THAT WATER'S FALLING INTO HER AND MOSTLY INTO MINE, BUT IT'S DRAINING BACK INTO HERS.
UM,
AND I MEAN, LIKE I SAID, WE HAVE NO PROBLEM WITH IT.
WE'RE TRYING TO BE REASONABLE, BUT WE'RE ALSO NOT GONNA ENGAGE IN SOMETHING WHEN SHE'S TRYING TO TELL US LIKE HOW TO BUILD OR HOW TO USE OUR PROPERTY.
UM, NOW, YES, WERE WE WRONG? DID WE NOT GET PERMITS? YES, I WOULD ADMIT TO THAT AND WE'LL DO WHAT WE NEED TO DO TO FIX THAT.
UM, BUT IT IS NOT AFFECTING HER PROPERTY AT ALL.
AND LIKE I SAID, THE SHAPE OF IT, IF GUTTERS WILL MAKE HER FEEL BETTER, I'M MORE THAN WILLING.
MY HUSBAND, WE'VE ALREADY SCHEDULED SOMETHING TO GET THAT DONE, BUT IT'S OBVIOUSLY COMING FROM HERS BASED ON THAT VIDEO.
UM, HER HOUSE HAS BEEN DAMAGED FOR A WHILE, AND AGAIN, OUR CARDBOARD IS SLANTED TOWARDS THE STREET AND TOWARDS OUR BACK.
IT'S NOT GOING DOWN INTO HER AREA AT ALL.
SO YOU WILL, YOU'RE AMENDING TO PUT THE GUTTERS, I WILL PUT GUTTERS.
SHE HAD ALSO MENTIONED ABOUT PUTTING A FRENCH DRAIN ALONG YOUR PROPERTY WITH THAT, I'M NOT WILLING TO DO ANYTHING THAT'S GONNA LIKE, HAVE TO LIKE, BENEFIT BOTH OF US.
I'M JUST GONNA DO WHAT I THINK SHE WANTS ME TO DO OR WHAT, WHAT'S BEST FOR US.
LIKE I SAID, I DON'T FEEL LIKE ANY OF IT'S AFFECTING HER, BUT IF IT'LL MAKE HER FEEL BETTER, MORE THAN WILLING TO PUT THE GUTTERS AND DRAY THE WATER INTO OUR BACKYARD FURTHER.
I, WE HAVE AN APPOINTMENT ON MAY 18TH TO GET ALL THAT DONE AND GET IT FIGURED OUT, BUT, UM, YEAH, IT, IT'LL GET DONE.
ANY OTHER STEVENS? AND I'M SORRY, AND I JUST WANNA MENTION LIKE WE DO LIVE ON COUPLES ROAD, THERE'S NO PARKING ON THE OUTSIDE.
SO AGAIN, IN ORDER FOR ME TO LIKE, UTILIZE MY HOME AND PARK MY CARS AND PROTECT MY VEHICLES AND HAVE A SPOT FOR MY CHILDREN TO PLAY, UM, YOU KNOW, A CARPORT'S, VERY FUNCTIONAL AND PROTECTS MY PROPERTY, MR. STEVENS, WE, WE JUST HAD A HEARING VERY SIMILAR TO THIS ONE, RIGHT? AND WHEN WE ASKED THEM TO PUSH THE CARPORT OFF TWO FEET FROM THEIR PROPERTY LINE, IS THAT SOMETHING THAT YOU WOULD BE SATISFIED WITH OR YOU'RE GRABBING ROLL? NO, I WOULDN'T BE INTERESTED IN DOING THAT OR HAVING TO MOVE IT BECAUSE OKAY.
YOU KNOW, LIKE I SAID, WE, WE HAVE BILLS.
WE'RE ALL ON FIXED INCOMES TO AN EXTENT.
AND I RECENTLY TOOK IT IN MY MOTHER AND PAYING HER BILLS AND TRYING TO, YOU KNOW, CARE FOR HER.
LIKE I DON'T HAVE MONEY TO BE SPENDING MOVING IN THINGS FIVE FEET IN OR JUST TO APPEASE ONE PERSON.
AND AS THE COMMUNITY SUPPORT SHOWN EVERYBODY'S CARPORTS ARE SLANTED ARE VERY CLOSE TO THE PROPERTY LINE.
IT PROTECTS PEOPLE AROUND THEM.
THIS IS WHY THEM WHY WE, WE HAVE TO GET PERMITS THOUGH, YOU KNOW, TO FOR YEAH, FOR SURE.
IS IT? ALRIGHT, ANY OTHER QUESTIONS FROM THE BOARD? I DO HAVE A, A REBUTTAL.
UH, YOUR REBUTTAL SHE WANTS TO REBUT.
THAT CLOSES THE PUBLIC PORTION.
I WOULD ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANA MR. MANA, REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 0 5 8.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, ONE A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A SIX INCH SIDE SETBACK TO A TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ADDITION WITH A TWO FOOT SIX INCH SIDE SETBACK AND THREE, A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR AN ACCESSORY STRUCTURE WITH A SIX INCH SIDE SETBACK.
UM, WITH THE PRI UH, PRIMARY STRUCTURE OF THE CARPORT AMENDED TO INCLUDE, UH, GUTTERS AND SITUATED AT 3, 2, 2 COUPLES ROAD.
APPLICANT BEING CASSANDRA AT DEARTH BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER'S PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE SIDE SETBACK VARIANCES ARE NOT CONTRARY TO PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND STRUCTURED MAINTENANCE.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE SIDE SETBACK ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS INSUFFICIENT SPACE EXISTS IN THE REAR YARD TO CONSTRUCT A CARPORT WITHIN THE REQUIRED SETBACK.
AND THE REAR ADDITION WOULD BE, UH, MISALIGNED FROM THE EXISTING STRUCTURE.
THREE OF OUR GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED SIDE SETBACK VARIANCES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS, AS WELL AS THE MAINTENANCE OF THE STRUCTURE FOR THE VARIANCE WILL NOT AUTHORIZE THE
[02:00:01]
OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT.THIS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
5 CENT VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY.
WHERE, WHERE WAS I?
SO THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS ASIDE SETBACK VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFOR ADJACENT PROPERTIES.
UM, UH, ASSUMING OR OR WITH THE EX EXPECTATION THAT THE ADMITTED, INCLUDING GUTTERS WOULD, UM, UH, NOT CAUSE ANY ADDITIONAL CHA UH, CHALLENGES FOR THIS PROPERTY.
UH, AND, AND, AND THEN ALSO WITH REGARDS TO THE MATERIAL, UH, UH, MINIMIZING THE RISK OF FIRE SPREADING, UH, WOULD NOT BE AGGRAVATED.
SIX, APPLY TO THE OWNER PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY.
THEY'RE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS.
UH, IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY FOR THE SIDE SETBACK VARIANCES AS INSUFFICIENT DEVELOPMENT SPACE EXIST ON THE REAR YARD.
SO, UM, SO, SO, UM, WITH THE AMENDMENT OF THE GUTTERS, I THINK THAT, UM, YOU KNOW, AND, AND WITH, UH, APPROPRIATELY MANAGING THE WATER RUNOFF, I THINK THAT, UM, UM, SOME OF THE CONCERNS OF THE NEIGHBOR WOULD BE MITIGATED WITH REGARDS TO MANAGING THAT WATER RUNOFF.
UM, WITH REGARDS TO, UM, YOU KNOW, HAVING THE NEIGHBORHOOD ASSOCIATION, UM, YOU KNOW, SO, SO ONE OF THE THINGS THAT WE ALWAYS LOOK FOR, OR I ALWAYS LOOK FOR IS, IS, YOU KNOW, THEIR, THEIR, UH, BUY-IN INTO WITH REGARDS TO WHAT'S BEING DONE AND, UM, AND THEN, UM, THE, THE, UH, THE NEIGHBOR ON THE OTHER SIDES AND, AND A COUPLE OTHERS ARE IN FAVOR.
SO, SO I THINK WITH THE ADDITION OF THE GUTTERS, UH, I, I THINK THAT WILL MINIMIZE, UH, OR, OR HOPEFULLY, UH, REMOVE MOST OF THE ISSUES, UH, WITH REGARDS TO WHAT THE NEIGHBOR IS CONCERNED WITH.
SO WITH THAT, I'LL BE VOTING IN FAVOR.
MS. BEVIS, I'M IN AGREEMENT WITH, UH, COMMISSIONER, UM, MANNA.
I'LL ALSO BE VOTING FOR THE MOTION.
ANY OTHER, UH, COMMENT THAT MEMBERS OF THE BOARD WOULD LIKE TO MAKE STEVENS? MR. STEVENS? I AM, I'M NOT GOING TO BE IN FAVOR OF THIS BECAUSE I'M TRYING TO STAY CONSISTENT.
UM, AND WE GAVE THE, YOU KNOW, A MODIFIED VARIANCE TO THE PREVIOUS CASE.
IT WAS VERY SIMILAR TO THIS, AND THOSE TWO NEIGHBORS WERE BEST FRIENDS LOOKING TO WORK TOGETHER.
SO I, I JUST, I'M TRYING TO STAY CONSISTENT AND I CAN'T GET BEHIND SIX INCHES OFF THE PROPERTY LINE.
SO WOULD THERE BE, SORRY, ARE YOU LOOKING FOR THE TWO FOOT, THE SAME THING? TWO FEET.
BUT THAT'S, THAT'S WHY I ASKED THE APPLICANT, RIGHT? SHE'S NOT INTERESTED IN THAT.
SO I JUST, YOU KNOW, THAT'S JUST THE WAY THAT I'M THINKING THROUGH THIS.
AND, AND AS A NOTE, ONE DIFFERENCE BETWEEN THIS ONE AND THE OTHER ONE WAS THAT, THAT I THINK THE SLOPE OF THE ROOF AND, AND SO THE OTHER, THIS ONE'S SLOPING AWAY, BUT, BUT I CONCUR THAT I AM NOT BEING CONSISTENT.
WELL IN THIS CASE, WOULD WE LIKE JUST GO MISS MS. GOMEZ? YES, I'LL BE VOTED IN FAVOR OF THIS.
IF YOU HAD NOT BROUGHT IN THAT VIDEO, THEN THAT WOULD'VE HAD A REAL BIG CONCERN.
BUT SHOWING THAT THE WATER RUN OUT RUINS TO THE BACK, THE GUT IS GONNA HELP.
I DON'T, I DON'T SEE HOW, BUT, UH, BUT, BUT BECAUSE
ANY OTHER COMMENTS? NOT THAT THAT PRETTY MUCH CLOSES PUBLIC PORTION.
AND LET'S GO AHEAD AND TAKE A ROLL CALL VOTE AND SEE WHERE IT COMES OUT.
AND THEN WE COULD PROBABLY SEE PREVAILING SIDE IF WE WANT AMEND TO UH, LOOK TO SOME KIND OF SIDE SETBACK.
COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES, I CONCUR.
COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN, I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
UNFORTUNATELY, WE DO NOT HAVE THE NINE VOTES FOR IT'S SEVEN, FOUR AND, UH, FOUR AGAINST, UM, ON THE PREVAILING SIDE, IS THERE, UM, ANYBODY ON THE PREVAILING SIDE THAT WOULD LIKE TO MR. MANNA MAKE
[02:05:01]
A, OKAY, MR. STEVENS.I'D BE HAPPY WITH TWO FEET, BUT IT JUST DOESN'T SOUND LIKE I FEEL LIKE YOU'RE JUDGING ME BASED ON THE CASE BEFORE.
AND YOU WANNA BRING YOUR OPINION BASED OFF OF CONSIST CONSISTENCY, MA'AM, THE PUBLIC MOTION CLOSED AT ALL.
SO RIGHT NOW YOU HAVE NO SIDE SETBACK MOTION FOR RECONSIDERATION, RIGHT? OH YEAH.
SO IT'S GONNA BE A MOTION FOR RECONSIDERATION ON THE PREVAILING SIDE.
SECOND, UH, ALL IN FAVOR SAY AYE.
OKAY, SO NOW THE CASE IS BROUGHT BACK NOW AS, AS IT SITS RIGHT NOW, THERE WAS NO MANA VARIANCE DID NOT PASS.
SO NOW WE'RE TRYING TO SEE IF THERE'S SOMETHING OUT THERE THAT COULD POSSIBLY, UH, THE BOARD COULD POSSIBLY APPROVE TO GET SOMETHING MANA MR. MANA.
UM, AND SO, UH, REGARDING CASE NUMBER BO A, UH, 2 5 1 0 3 0 0 0 5 8, I MOVED THE BOARD ADJUSTMENT GRANT A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE OR WAS IT THREE FOOT, THREE FOOT VARIANCE TO ALLOW, UM, A UH, CARPORT.
LET'S SEE, UH, OH, SORRY, LEMME START AGAIN HERE.
REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 5 8.
AND WITH THE BOARD ADJUSTMENT GRANT A UH, TWO FOOT VARIANT, TWO FOOT VARIANCE TO ALLOW A, UM, MINIMUMS FIVE FOOT SIDE SETBACK TO ALLOW CARPORT TO BE, UM, THREE FOOT VARIANCE, THREE FOOT VARIANCES TO ALLOW CARPET TO BE TWO FOOT
AND THEN, UM, LET'S SEE, DO I NEED TO REDRESS OF IT? AND THEN LET'S SEE, WITH GUTTERS, YEAH, WITH GUTTERS, UH, AS AMENDED AND I THINK THE REST OF IT.
SO ESSENTIALLY ADJUSTING JUST FOR THE FIRST STRUCTURE TO BE, UM, UH, UM, TWO FOOT AWAY FROM THE FRONT STRUCTURE.
SO DO I NEED TO READ THE REST OF, UH, THE MOTION, UH, SINCE NOTHING CHANGED? NO, WE UNDERSTAND.
SO DOES THAT MAKE SENSE WHAT I JUST SAID? OKAY.
DO WE GET A SECOND ON THAT MOTION? SECOND.
SO, SO I THINK HEARING, YOU KNOW, THE, THE INPUT UH, FROM THE, UM, THAT WAS PROVIDED FOR THIS CASE AS WELL AS, UH, REMAINING CONSISTENT WITH REGARDS TO THE DIALOGUE FROM THE PREVIOUS CASE, I THINK, UH, I CONCUR WITH THAT MOTION.
MS. BEDA, I AGREE WITH COMMISSIONER MANNA.
ALRIGHT, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE COMMISSIONER MANNA.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES, I CONCUR.
COMMISSIONER BARRINGTON, I DO NOT CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
SO THAT IS A NINE IN FAVOR TO AGAINST THE VARIANCE.
DOES PASS AS READ, PLEASE GET WITH STAFF AND THEY CAN EXPLAIN TO YOU WHAT, UH, WHAT THE VARIANCE IS.
MY NAME IS JOEL PAULUS AND I'LL BE PRESENTING CASE BOA DASH 25 DASH 1 0 3 0 0 0 6 0.
THE ADDRESS IS 1101 WEST MULBERRY AVENUE COUNCIL DISTRICT ONE.
THE APPLICANT IS MIGHTY LANDA REQUESTING ONE A VARIANCE FROM THE NNC D FIVE STANDARDS TO EXCEED THE 40% FOOTPRINT FOR AN ACCESSORY DWELLING.
TWO, A VARIANCE FROM THE NCD FIVE STANDARD FOR MATCHING ROOF MATERIAL WITH THE PRINCIPAL DWELLING AND ACCESSORY DWELLING.
THREE, A VARIANCE FROM THE NNC D FIVE STANDARD REQUIRING FRONT FACADE WINDOWS AT A TWO TO ONE RATIO.
THE SUBJECT PROPERTY IS IN THE BEACON HILL AREA JUST NORTH OF DOWNTOWN.
THE APPLICANT APPLIED FOR A PERMIT TO REMODEL AND EXPAND ACCESSORY DWELLING UNIT BY ENCLOSING A PORCH, EXTENDING THE ROOF, REPLACING SOME WALLS AND PART OF THE SLAB FOUNDATION.
DUE TO THE CARPORT BEING REPLACED, THE STRUCTURE WOULD NOT QUALIFY FOR A NONCONFORMING STRUCTURE.
THE REMODEL DETACH ACCESSORY DWELLING EXCEEDS THE UNIFIED DEVELOPMENT CODE STANDARD OF 800 SQUARE FEET OR 50%
[02:10:01]
OF THE PRINCIPLE DWELLING.AND THE MORE STRINGENT NCD FIVE STANDARD OF A 40% OF THE PRINCIPAL STRUCTURES FOOTPRINT LIMIT ON ALL ACCESSORY STRUCTURES.
THE PRINCIPAL STRUCTURE FOOTPRINT IS 1,448 SQUARE FEET, WHICH WOULD PERMIT 579 SQUARE FEET OF ACCESSORY STRUCTURES.
THE REQUESTED ACCESSORY STRUCTURE DWELLING IS A NINE, IS 924 SQUARE FEET.
ADDITIONALLY, THE ACCESSORY STRUCTURES ROOF MATERIAL DOES NOT MATCH THE PRINCIPAL STRUCTURES ROOF MATERIAL, WHICH IS REQUIRED IN THE NCD FIVE.
LASTLY, THE STREET FACING WINDOW OF THE ACCESSORY DWELLING UNIT DOES NOT MEET THE NCD FIVE RATIO OF TWO TO ONE.
THE ORIGINAL DETACHED ACCESSORY DWELLING HAD NO STREET FACING WINDOWS.
HOWEVER, THE NEW STRUCTURE HAS A WINDOW THAT IS NOT COMPLIANT WITH THE NCD FIVE STANDARD.
AND THIS IS THE SUBJECT PROPERTY HISTORICAL VIEWS FROM 2018 AND 2022.
THIS IS THE CURRENT VIEW AND THE SURROUNDING AREAS.
STAFF'S RECOMMENDATION FOR THE NCD FIVE STANDARDS VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 1 0 3 0 0 0 6 0 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SIZE OF THE ACCESSORY STRUCTURE IS EXISTING.
A LIMITED AREA OF THE ACCESSORY DWELLING FACES THE STREET AND THE ROOFING MATERIAL DOES NOT PRESENT AN AN UNSIGHTLY APPEARANCE.
THE REQUESTED VARIANCES ARE IN SPIRIT OF THE ORDINANCE AND MEETS THE INTENT OF THE CODE.
BEACON HILL AREA NEIGHBORHOOD ASSOCIATION IS ALSO IN SUPPORT.
AND THIS IS THEIR SUPPORT LETTER AS WELL AS SUPPORT FROM THE NEIGHBORS.
THIS NEXT ONE IS A PETITION, AND THREE OF THOSE WERE FROM NEIGHBORS WITHIN THE 200 FEET AND FIVE WERE FROM OUTSIDE.
ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF.
OH, HEARING NONE, I'D ASK THE APPLICANT TO PLEASE COME FORWARD.
AND JUST TO CLARIFY, UM, YOU'RE ONLY SEEING FOUR CHECK MARKS 'CAUSE THE OTHER ONES ARE OUTSIDE THE 200 FEET.
ALRIGHTY, LET'S HEAR THE CASE.
SO, UH, THEY PUT MY NAME AS MAE, BUT MY NAME IS MARIA TERESA MAE IS A MASHUP.
WE HAVE LIVED AT, UH, 1101 WEST MULBERRY SINCE MARCH OF 2001.
AND WE HAD, UH, WHEN WE BOUGHT THE HOUSE, THIS IS WHAT THE BACK HOUSE LOOKED LIKE.
AND, UH, IT WAS ROUGHLY BUILT OUT.
IT WAS A MOTHER-IN-LAW'S, UM, QUARTERS.
AND I SAY THAT WITH A WINK BECAUSE IT WAS NOT VERY WELL DONE.
SO ANYWAY, WE HAD SOME DRYWALL PUT UP.
WE MADE IT A LITTLE BIT MORE LIVABLE, AND THEN WE JUST HAD IT.
UM, AND THAT HAS BEEN A HOME FOR A LOT OF PEOPLE WHO HAVE FRIENDS WHO HAVE BEEN EVICTED, DIVORCED, STUFF LIKE WE'VE NEVER RENTED IT.
WE'VE NEVER MADE MONEY OFF OF IT.
BUT NOW ANNA'S MOM IS, UH, ELDERLY AND SHE LIVES IN LAREDO, AND WE WANT HER TO COME LIVE WITH US.
SO WE WANTED TO MAKE THAT READY FOR HER.
RIGHT? SO THAT WAS WHERE THIS ALL STARTED.
UM, SO WE THOUGHT, WELL, WHY DON'T WE ENCLOSE THE PORCH AND WHY DON'T WE DO THIS AND WHY DON'T WE DO THIS? AND SO WE STARTED TO DO THAT.
WE STARTED TO MAKE VISITS HERE, UH, TO ASK QUESTIONS AND SEE WHAT WE COULD DO AND NOT DO, AND WHAT
[02:15:01]
PERMITS WE NEEDED AND AND WHATNOT.UM, SO WE GOT A COUPLE OF PERMITS, EXCUSE ME, UH, THE PERMITS THAT WE WERE GIVEN BASED ON THE EXPLANATIONS THAT WE GAVE OF WHAT WE WANTED TO DO.
RIGHT? UM, I DIDN'T BRING THEM, BUT WE HAD PICTURES WHERE I WROTE LIKE DREW ON SHARPIES.
LIKE, THIS IS WHAT WE WANT THE ROOF TO LOOK LIKE.
THIS IS WHAT WE WANTED, AND THESE ARE THE PERMITS THEY GAVE US.
SO WHEN THEY GAVE US THE PERMITS, WE WENT AHEAD AND WE DID ALL THE WORK.
WELL, THE INSPECTOR CAME AND SHE SAID, WHOA, YOU GUYS, THIS SCOPE OF WORK IS WAY BEYOND THESE TWO PERMITS.
AND I SAID, OKAY, SO WHAT DO WE DO? AND SHE SAYS, WELL, LET ME CALL MY BOSS.
SO SHE CALLED HER BOSS AND HE CALLED HIS BOSS BEFORE I TALKED TO LIKE SIX PEOPLE THAT DAY.
UM, AND THEY SAID, NO, WHAT YOU NEED IS A, UH, ACCESSORY DWELLING UNIT PERMIT, WHICH IS A WHOLE OTHER THING, UM, THAT I DIDN'T KNOW EXISTED.
UM, HAD I KNOWN THAT WE WERE GONNA BE GOING DOWN THAT ROUTE, WE WOULD NEVER HAVE DONE ANY OF THIS.
WE WOULD'VE JUST PUT NEW SIDING ON IT SLAPPED A, A NEW ROOF ON IT AND MADE IT NICE AND COMFORTABLE, BUT WE WANTED TO PUT RAMPS AND WE WANTED TO DO ALL THAT OTHER STUFF.
RIGHT? SO, UM, SO THIS DRAWING HERE, I THINK THIS IS WHERE IT ALL WENT WRONG.
OKAY? UH, WE MADE, WE CAME IN, UH, YOU'LL SEE THE, IF, IF WE CAN GO TO THE FRONT PAGE OF THAT ALL.
SEE, THAT'S MY CONTRACTOR'S HANDWRITING.
I, I BROUGHT HIM SO HE COULD EXPLAIN IN CONTRACTOR LANGUAGE RIGHT.
AND SO IF WE CAN GO TO THE NEXT ONE, PLEASE.
SO IN EXPLAINING TO THEM, CITY STAFF DREW THIS AND WE AGREED TO IT.
THIS IS WHAT WE'RE DOING, RIGHT? THEY IMMEDIATELY TOLD US ABOUT THE CARPORT, WHICH SEEMS TO BE A THEME TODAY.
UM, AND THEY EXPLAINED TO US ABOUT THE CARPORT, ABOUT THE, THE VARIANCE AND ALL THAT.
AND THEY SAID, OKAY, ARE YOU GOING TO JUST REPLACED THE ROOF? AND WE SAID, NO, WE WANT TO MAKE THE HIGHER, UM, SO WE'LL HAVE TO PUT IN NEW POSTS.
AND THEY SAID, OKAY, SO IF YOU DO THAT, THEN YOU GOTTA MOVE EVERYTHING OVER FIVE FEET AND ALL THAT.
AND I SAID, WHAT IF I DON'T WANNA DO THAT? AND THEY SAID, WELL, THEN YOU'D HAVE TO COME HERE.
AND WE SAID, WE DON'T WANT TO COME HERE, WE'LL MOVE THE CARPORT.
SO WE MOVED IT, UM, BECAUSE WE WANTED TO AVOID ALL OF THIS AND FOLLOW ALL THE RULES.
BUT THEN WHEN THEY CAME BACK AND THEY SAID, OKAY, BUT YOU ENCLOSED THIS AND YOU DID THIS OTHER STUFF, AND NOW YOU'RE IN VIOLATION OF YOUR NEIGHBORHOOD ASSOCIATION.
AND I THOUGHT, WHAT IS THAT? I, WE DIDN'T KNOW THAT THAT WAS A SECOND LAYER.
AND I THINK THE NCD IS ALSO NEW-ISH IN OUR NEIGHBORHOOD.
UM, SO I, WE VIOLATED A WHOLE BUNCH OF STUFF THAT WE DID, STUFF WE WEREN'T SUPPOSED TO DO.
SO THEN WE TRY TO RECTIFY IT, AND I THINK THAT GOES INTO THE NEXT, UM, UM, YEAH.
OKAY, THIS IS WHERE WE ARE NOW.
YES, THIS IS WHERE WE ARE NOW.
UM, WE WENT AHEAD AND PUT THE IN OC IN AUGUST.
I ASKED THE INSPECTOR, YOU KNOW, CAN I PUT THE SIDING ON THERE AND ALL THAT BECAUSE, UM, I DON'T KNOW HOW LONG THIS PROCESS IS GONNA TAKE.
AND EVERYTHING WOULD'VE BEEN DAMAGED.
WE'VE BEEN AT A HALT SINCE OCTOBER.
SO I SAID AUGUST, OCTOBER, OKAY.
SO THE WINDOWS THERE ON THE, ON THE RIGHT SIDE OF THE DOOR, UH, THEY WERE NOT THE RIGHT SIZE, UH, AND THEY WEREN'T THE RIGHT SIZE FOR CITY, UM, BECAUSE IT WASN'T BIG ENOUGH FOR A RESCUE OR ESCAPE OR WHATEVER IT IS, WHATEVER THAT RULE IS.
SO WE ALREADY MADE THOSE BIGGER.
THE, IT DOESN'T SHOW THERE, BUT THEY ARE.
UM, AND, AND CITY, THEY CAME BY AND THEY LOOKED AT IT AND THEY MEASURED AND THEY'RE LIKE, OKAY, YOU'RE, YOU'RE GOOD WITH THAT.
UM, THE PROBLEM CAME IN THE MIS ANOTHER MISCOMMUNICATION THAT CAME IN IS WE PUT A FRONT DOOR HERE.
IT WAS ON THE INSIDE WHERE THE PORCH WAS.
SO IN OUR MIND, THIS IS STREET FACING, RIGHT? UM, AND THEY SAID, NO, THE WINDOW THAT YOU HAVE IN THE CARPORT THAT'S UNDER THE CARPORT FACING THE HOUSE PICTURE DOWN AT THE BOTTOM, UH, YES.
THAT ONE ON THE BOTTOM RIGHT, THAT ONE IS NOT TWO TO ONE FOR NCD AND ALL THAT.
AND I THOUGHT, OKAY, WELL HOW IS THAT STREET FACING? BECAUSE IT'S, ANYWAY, IT'S, I GUESS IT'S SEMANTICS.
UM, WE'VE ALREADY PUT IT, IF YOU GUYS WANT US TO CHANGE IT, WE'LL CHANGE IT TO THE DIMENSIONS IT'S SUPPOSED TO BE.
UM, BUT THE ROOF NOW IS, YES, IT'S METAL.
BUT WE HAD ALREADY, EVEN BEFORE WE KNEW, WE BROKE THE RULES, WE HAD ALREADY THOUGHT, OKAY, WE HAD PUT NEW ROOF IN 2018 IN BOTH THE HOUSE AND, AND THE UH, UH, APARTMENT.
SO WE THOUGHT, OKAY, NEXT TIME WE CHANGE THE ROOF, WE'LL CHANGE THE ROOF.
'CAUSE WE ALSO DON'T WANT IT TO NOT MATCH, BUT I'M NOT GONNA YANK OFF A RELATIVELY NEW ROOF JUST TO, JUST TO PUT A METAL ROOF RIGHT NOW.
WE'RE GONNA, WE'RE GONNA FIX THAT.
SO THOSE ARE THE, THOSE ARE THE VARIANCES.
SO YOU'LL SEE THERE WHERE, UM, THE ENCLOSED PORCH DID INCREASE OUR SQUARE FOOTAGE, BUT IN YOUR PRESENTATION, YOU HAVE THE WRONG NUMBERS.
WE DIDN'T, WE DID NOT GO OVER 50%.
UH, THE SQUARE FOOTAGE OF THE NEW, UH, UH, ONCE IT'S CLOSED, IT'S 624 AND I THINK YOU HAD 900.
[02:20:01]
NO, WE DON'T GO OVER 50%, BUT WE DO VIOLATE THE NEIGHBORHOOD ASSOCIATION THAT IS 40%.UM, SO YEAH, THOSE ARE OUR VIOLATIONS.
AND JUST TO CLARIFY THAT THE, THE NUMBER THAT WE PUT IN THERE IS CORRECT.
WE WENT BY THE NEIGHBORHOOD CONSERVATION STANDARD, NOT BY THE UDC STANDARD OF THE 50%, BECAUSE THE NCD IS MORE RESTRICTIVE.
BUT DID YOU SAID THAT YOUR DWELLING UNIT IS LESS THAN 924 SQUARE FEET? YES.
THAT, THAT'S WHAT IT'S BEING ADVERTISED AT.
RIGHT? UH, THE, THE REQUEST TO ACCESSORY STRUCTURE IS 924 SQUARE FEET IS WHAT IT SAYS.
THAT'S, THAT WAS THE WRONG NUMBER.
IT INCLUDES, IT INCLUDES THE CARPORT THOUGH.
THAT IS, THAT'S THE DIFFERENCE.
SO AGAIN, A LOT OF WHAT HAS HAPPENED, AND THIS IS JUST FEEDBACK, RIGHT? I'M NOT COMPLAINING OR ANYTHING.
THERE'S A LOT OF MISCOMMUNICATION WITH, AND IT'S, A LOT OF IT IS JUST SEMANTICS.
I WAS ASKED INITIALLY, ARE YOU GONNA PUT NEW WALLS IN? NO, I REPLACED, WE REPLACED SOME THE FRAME, BUT FOR ME, A NEW WALL IS TO PUT ONE WHERE ONE WAS NOT BEFORE WE DID REPLACE BECAUSE IT'S AN OLD, AND SOME OF THAT STUFF WAS ROTTED AND, AND IT WAS GOOD THAT WE TOOK THE DRYWALL OFF AND SAW THAT, YOU KNOW, IT'S OLD.
AND SO WHEN THE INSPECTOR CAME OUT, SHE GOES, THIS IS NEW.
AND I SAID, WELL, YEAH, BUT EVERYTHING ELSE IS THE SAME.
SO IT, IT WAS JUST MIS A LOT OF MISCOMMUNICATION.
UM, AND SO IT, IT'S, IT'S FROM, FROM A CONSTRUCTION LAY PERSON, UM, THAT IS REALLY PARTICULAR ABOUT LANGUAGE AND TERMINOLOGY.
UM, IT'S REAL IMPORTANT THAT I WOULD SAY THE THINGS THAT I WAS COMMUNICATING, BUT I DIDN'T CATCH THAT WE WERE NOT ON THE SAME PAGE EVERY TIME I CAME IN HERE.
UM, AND, AND TRUTHFULLY, WE CAME IN HERE FOUR TIMES BEFORE WE EVEN BROKE A HAMMER OR, OR HAMMERED A NAIL AND NOTHING, FOUR TIMES TWICE WITH A CONTRACTOR AND WE STILL GOT IT WRONG.
UM, AND SO, AND SINCE THEN, AS YOU CAN SEE, OUR INTENTIONS HAVE BEEN
WE'VE ALWAYS WANTED TO TRY TO DO THIS THE RIGHT WAY.
WE JUST, WE'VE NEVER EVEN WANTED TO DO IT.
UM, AND SINCE THEN I'VE BEEN HERE ABOUT A DOZEN TIMES.
DID Y'ALL INCREASE THE SQUARE FOOTAGE AT ALL? IT'S THE SAME FOOTPRINT, RIGHT? IT'S THE SAME FOOTPRINT.
WELL, I'LL SAY IT'S A DAUNTING TASK TO DO THIS.
AND JUST FOOD FOR THOUGHT THAT, I MEAN, THIS IS THE EXACT PURPOSE FOR THESE ADUS RIGHT? IS TO KEEP FAMILIES TOGETHER.
YOU KNOW? SO I CAN APPRECIATE THAT.
BON ON, ON THE SIDING ON THIS.
DID YOU GUYS JUST GO OR GO OVER THE EXISTING, UH, OLD STUFF OR DID NO, WE, WE TOOK OFF THE OLD STUFF.
WELL, IT WAS, IT WAS WOOD, RIGHT.
YOU SEE THE OLD PICTURES? YEAH.
SO DID YOUR CONTRACTOR JUST CUT OUT THE BAD STUFF, PUT OSB AND THEN GO OVER THAT, LIKE DO AN OVERLAY? MM-HMM
THE, THE OSB UNDER THERE IS ALL NEW MM-HMM
NO, THEY, THEY, THEY TOOK EVERYTHING OUT AND THEY PUT THE O SB AND SEE.
AND I THINK AT THAT, THAT POINT, I, I HAVE A BONE TO PICK ON MY CONTRACTOR BECAUSE I THINK AT THAT POINT HE SHOULD HAVE KNOWN WE'RE DOING MORE THAN WE SHOULD.
'CAUSE AN OVERLAY, I DON'T THINK, I DON'T THINK YOU NEED A PERMIT WITH A SIDING OVERLAY, RIGHT? YEAH, NO.
SO WHEN YOU SAID THAT THEY TOLD YOU THAT YOU BUILT NEW WALLS AND YOU TOLD 'EM IT WAS JUST YOU WERE REPLACING RIGHT? WHAT WAS ROTTED ONLY, RIGHT.
SO YOU DIDN'T MOVE THE WALLS, YOU DIDN'T BUILD ANYTHING NEW.
BUT HE TOOK IT THAT YOU WERE BUILDING BECAUSE HE SAW NEW WOOD AND HE THOUGHT YOU WERE BUILDING WOOD.
AND SO THEY SAID THIS IS AN A D BUT IT WAS JUST REPLACING OR IT WAS ROTTED.
YEAH, EXCEPT FOR, WELL OBVIOUSLY THE ONES WE CLOSED, RIGHT? THOSE ARE BRAND NEW BECAUSE WE ENCLOSED THE PORCH.
AND I THINK THAT'S WHERE WE WENT OVER SOME PERCENTAGE, UH, OF MEASURED FROM HERE TO THERE BECAUSE WE HAD A, THE PORCH HAD A, UM, A LAUNDRY ROOM AND THEN THE BATHROOM, SO THAT, THAT WHOLE FRAME, THAT ONE.
AND THEN WHEN THEY TOOK DOWN THE, THE LAUNDRY ROOM, THAT WAS, THAT FRAME WAS JUST AN EXTERIOR THING.
IT WASN'T REALLY LOAD BEARING OR INSIDE, SO IT WAS KIND OF SHIFTY.
AND SO I SAW IT AND HE'S LIKE, WE NEED TO REPLACE THIS TOO.
SO WE JUST KIND OF WENT ON AND ON AND ON.
AND BEFORE WE KNEW IT, IT WAS, IT WAS A LOT MORE THAN JUST CLOSING THE PORCH.
WE HAD A CERTAIN AMOUNT OF DISTANCE AND THEN A LITTLE MORE WHEN WE STARTED TO NOTICE WHAT WAS REALLY UNDER THERE.
BECAUSE BEFORE, I DON'T KNOW IF WE CAN GET TO THE OLD HOUSE THE WAY IT LOOKED, YOU'LL SEE THAT IT WAS PATCHY.
[02:25:01]
SEE, UM, OH YEAH, THIS THING, OOH, FANCY.DO YOU DO THIS? OH, RIGHT HERE.
UM, SO THIS IS THE, THIS IS THE END OF IT RIGHT HERE.
THIS IS THE OLD, UH, UH, BARN DOOR, RIGHT WHEN YOU SLIDE IT OVER.
'CAUSE IT WAS, IT WAS A GARAGE.
AND THEN THIS PART RIGHT HERE IS A, WAS AN OLD KITCHEN.
THIS IS A BATHROOM THAT LITERALLY THEY JUST LIKE BUILT IT.
WE BOUGHT, WHEN WE BOUGHT THE HOUSE, IT WAS LIKE THAT, RIGHT? IT WAS, YOU KNOW, THE OLD WAY OF DOING THINGS.
YOU JUST, YOU HAVE LITTLE PATCHES.
YOU, YOU, YOU HAVE THE NEXT ROOM AND THE NEXT ROOM, RIGHT? UM, THIS IS MESSY LIKE THIS.
'CAUSE WE HAD ALREADY MOVED EVERYTHING OUT.
THIS IS JUST THE DOOR THAT'S LEANING THERE.
SO WE ENCLOSED IT FROM WAY BACK HERE BECAUSE IT DIDN'T, IT, IT WASN'T STRAIGHT.
SO I THINK WHAT HAPPENED WAS ALL OF THIS AND ALL OF THAT MADE IT SOMETHING ELSE, RIGHT? AND NO, THERE, TO ME, THEY WEREN'T NEW BECAUSE NO WALLS WERE NOT THERE.
BUT THERE WAS A ROOF AND THERE WERE POSTS.
AND THEN IN DOING THAT, THEN THE ROOF HAD TO CHANGE.
I MEAN, AND SO IT, IT, IT JUST KIND OF KICKED IT INTO A WHOLE OTHER MESS.
UM, BUT YOU KNOW, WE'VE, WE'VE, THEY GAVE US THE, THE A DU AND THEY SAID, THESE ARE THE LIST OF THINGS THAT YOU NEED TO DO.
SO THE FIRST THING, IT'S BEEN A LEARNING EXPERIENCE.
UM, THE CERTIFICATE OF DETERMINATION, I, I DIDN'T KNOW WHAT THAT WAS.
SO WE FIGURED OUT WHAT THAT WAS.
AND WE, WHEN WE GOT THOSE AND WE, WE GOT THE SITE PLAN AND THE, UH, FLOOR PLAN, WE GOT THE, UM, A STRUCTURAL ENGINEER TO COME AND, AND WE, I, HE MADE HIM DIG SO HE COULD SEE, HE GOES, I'M NOT GONNA SIGN ANYTHING IF I DON'T SEE WHAT I'M SIGNING.
SO YEAH, THEY DUG A BIG OLD TRENCH AND IT WAS, UH, THEY, HE WENT DOWN THERE AND HE LOOKED, HE SIGNED, UH, SENT THE LETTER.
UM, EVERYTHING ELSE THAT WAS, THAT WAS REQUIRED, UH, RES CHECKS, I LEARNED ABOUT THAT.
UM, AND SO ALL OF THAT IS, IS SET NOW.
WE'RE JUST DOWN TO THE NEIGHBORHOOD, WHICH, UM, IS WEIRD BECAUSE, UM, I SAT ON THE BOARD OF THE NEIGHBORHOOD ASSOCIATION, UH, 12 YEARS AGO, BUT THESE NCDS CAME AFTER.
AND SO I WASN'T UP TO DATE AND I DIDN'T EVEN THINK OF ASKING.
I SHOULD HAVE, BUT I ALSO FEEL THAT CITY STAFF MAY HAVE SAID, HERE'S THIS NCD FROM YOUR NEIGHBORHOOD.
MAKE SURE YOU GO THROUGH THAT BEFORE YOU START DOING ANYTHING.
ANY OTHER QUESTIONS FOR THE APPLICANT? MR. MENON? SO, SO I DID LOOK UP THE NCD AND IT STARTED IN 2005.
SO IT'S BEEN, IT IS BEEN AROUND FOR, YEAH.
SO THEN I SHOULD HAVE KNOWN ABOUT IT.
SO IT'S A LITTLE BIT, IT'S BEEN AROUND A LITTLE BIT, A LITTLE WHILE ACTUALLY.
AND THE REASON WHY I THINK THEY ALTERED IT, BUT YEAH.
BUT, UM, AND, AND YOU KNOW, NCDS ARE THERE TO, YOU KNOW, KIND OF PROTECT THE LOOK AND FEEL OF HOW THAT COMMUNITIES WANNA BE DEVELOPED.
AND, AND, AND THEY GO THROUGH A LOT OF EFFORT.
AND SO SOME SAY DON'T EVER START NCD AND SOME SAY, YOU KNOW, IT IS THE BEST THING DO TO PROTECT SOME OF THE NEIGHBORHOODS MM-HMM
AND SO, UH, BUT, BUT HAVING THEM BUY INTO, YOU KNOW, YOUR PROJECT IS, IS GREAT.
SO, WELL, AND WE'RE ALSO GOING TO REPLICATE THE WAY IT LOOKS THERE, SEE THOSE SLATS SO THAT THE NEW ONE, RIGHT? IT DOESN'T HAVE IT RIGHT NOW.
UH, THE, THE, THE SIDING, WE'RE TRYING TO MAKE IT LOOK LIKE THAT, RIGHT? HOWEVER, THAT DOESN'T MATCH THE HOUSE.
SO WE THOUGHT, OKAY, SO DO WE PUT THE SIGNING TO MATCH THE HOUSE OR DO WE TRY TO REPLICATE THE ORIGINAL 1920 TO KEEP, YOU KNOW, THE, THE, THE AESTHETICS OF IT.
SO WE WENT WITH THAT TO REPLICATE WHAT WAS ALREADY THERE.
ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, UM, STAFF, ANY VOICEMAIL OR OTHER PUBLIC COMMENTS TO READ INTO THE RECORD? NO.
8 1 7 WEST MAGNOLIA AVENUE ON BEHALF OF THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION REGARDING AGENDA ITEM NUMBER SEVEN.
DEAR BOARD OF ADJUSTMENT MEMBERS, THE GENERAL MEMBERSHIP OF THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION AT THEIR APRIL 14TH MONTHLY MEETING VOTED UNANIMOUSLY TO SUPPORT THE APPLICANT'S REQUEST FOR THE THREE VARIANCES NEEDED TO SECURE THEIR A DU BUILDING PERMIT AND PROCEED WITH THE REMODELING PROJECT.
THE HOMEOWNERS HAVE LIVED IN BEACON HILL SINCE 2001 AND THEY'RE VALUABLE MEMBERS OF OUR COMMUNITY.
THEY DID NOT TRY TO AVOID REGULATION, BUT RATHER MADE THE EFFORT TO GO DOWN TO DSD SEVERAL TIMES, INCLUDING TWICE WITH THEIR CONTRACTOR IN ORDER TO MAKE SURE THEY WERE DOING EVERYTHING CORRECTLY DUE TO A SERIES OF MISUNDERSTANDINGS.
THE PERMITS THEY APPLIED AND PAID FOR WERE NOT THE PERMITS THEY NEEDED AND DID NOT RESULT IN THE PROPER NCD REVIEW FOR COMPLIANCE.
AFTER REACHING OUT TO THE BAHAMAS Z COMMITTEE, WE WERE ABLE TO HAVE A MEETING WITH DSC ADMIN AND STAFF IN ORDER TO CLARIFY THE SITUATION AND FIND A WAY TO RESOLVE WITHOUT CAUSING HARDSHIP TO THE PROPERTY OWNER.
THESE VARIANCE REQUESTS ARE A RESULT OF THAT MEETING.
WE APPRECIATE DSC ADMIN AND STAFF WORKING WITH US TO BRING ABOUT A REASONABLE RESOLUTION.
WHILE THE SQUARE FOOT RATIO BETWEEN THE MAIN HOUSE AND THE A DU IS ABOVE OUR NCD FIVE LIMIT OF
[02:30:01]
40%, IT IS ONLY 47% AND IT WOULD CREATE AN UNDUE HARDSHIP ON THE OWNERS TO COMPLY.THE OWNER'S PLAN TO REPLACE THE MAIN HOUSE ROOF WITH A METAL SEA ROOF IN FUTURE, AT WHICH TIME THE ROOFS WOULD MATCH IN MATERIAL AND BE IN COMPLIANCE TO REQUIRE THAT COMPLIANCE NOW WOULD PLACE AN UNDUE HARDSHIP ON THE OWNERS.
THE WINDOW ON THE FACADE IS UNDER THE CARPORT DECK AND NOT VISIBLE FROM THE STREET.
SO THE MEMBERSHIP ALSO SUPPORTED THIS VARIANCE.
BAHANA RESPECTFULLY ASKED THIS BOARD TO SUPPORT STAFF AND THE NEIGHBORHOOD ASSOCIATION'S RECOMMENDATIONS AND APPROVE THE REQUESTED VARIANCES.
THAT'S THE ONLY PUBLIC COMMENT, CORRECT? UM, I'D ASK APPLICANT, IS THERE ANY FINAL, UM, COMMENT YOU'D LIKE? UH, NO THANKS.
ALRIGHT, LET'S SEE IF WE GOT A MOTION FROM THE BOARD.
STEVENS, MR. STEVENS, REGARDING CASE NUMBER BO OA DASH 25 DASH HUNDRED 3 0 0 6 0.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST ONE A VARIANCE FROM THE N-D-C-N-C-D DASH FIVE STANDARD TO EXCEED THE 40% FOOTPRINT OF AN ACCESSORY DWELLING.
AND TWO, A VARIANCE FROM THE NCD DASH FIVE STANDARD FOR MATCHING ROOF MATERIAL FOR THE PRINCIPAL DWELLING AND ACCESSORY DWELLING.
AND THREE, A VARIANCE FROM THE NCD FIVE STANDARD REQUIRING FRONT FACADE WINDOWS TO BE A TWO TO ONE RATIO SITUATED AT 1101 WEST MULBERRY AVENUE, APPLICANT BEING MARIA LANDA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN THE UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUEST WOULD NOT BE AGAINST PUBLIC INTEREST AS THE HISTORICAL SIZE OF THE ACCESSORY STRUCTURE WOULD REMAIN THE SAME AND FOLLOWS ACCESSORY STRUCTURE REQUIREMENTS.
THE ROOF MATERIAL PROVIDES A MORE DURABLE ROOF FOR THE STRUCTURE AND THE PRIMARY STRUCTURE WILL ALSO BE RE-ROOFED TO MATCH AND WINDOWS REPLACED REPLACEMENT.
IS THAT TRUE? WHAT'S THAT? THE ROOF, THE PRIMARY STRUCTURES ROOF IS BEING REPLACED TO MATCH WHEN? WHEN? I'M SORRY.
SO WE INSTALLED BOTH ROOFS IN 2018.
WHEN IT'S TIME TO GET A NEW ROOF, THEN WE WON'T REPLACE IT TO MATCH.
UH, PICKING UP RELA THE REQUEST WOULD NOT BE AGAINST PUBLIC INTEREST AS A HISTORICAL SIZE OF THE ACCESSORY STRUCTURE WOULD REMAIN THE SAME AND FOLLOWS ACCESSORY STRUCTURE REQUIREMENTS.
THE ROOF MATERIAL PROVIDES A MORE DURABLE ROOF FOR THE STRUCTURE AND THE PRIMARY STRUCTURE WILL ALSO BE RE-ROOFED TO MATCH AND WIDOW WINDOW PLACEMENT IS LOCATED APPROXIMATELY MORE THAN A HUNDRED FEET FROM THE STREET.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE SIZE OF THE STRUCTURE WOULD BE UNNECESSARILY REDUCED.
THE REPLACED ROOF WAS SUBSTANDARD AND NEEDED TO BE REPLACED IN THE, AND THE LIMITED STREET FACING ACCESSORY STRUCTURE FACADE WOULD BE DOMINATED BY THE TWO TO ONE RATIO WINDOW, WHICH IS RESERVED FOR THE PRIMARY STRUCTURE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE HISTORICAL EXISTING SIZE OF THE STRUCTURE EXCEEDS THE CONSERVATION DISTRICT STANDARD AND REDUCING THE SIZE IS NOT THE INTENT OF THE CODE.
THE MISMATCHING ROOF MATERIAL WAS A REPLACEMENT OF AN AGING ROOF ON THE ACCESSORY STRUCTURE.
AND PREVENTING A STRUCTURAL ROOF IS NOT CONTRARY TO THE SPIRIT OF THE ORDINANCE.
THE STREET FACING PORTION OF THE ACCESSORY DWELLING IS LIMITED AND A CONSERVATION DISTRICT STANDARD WOULD FORCE A LARGER WINDOW IN A CERTAIN PORTION OF THE ACCESSORY DWELLING, WHICH IS NOT THE INTENT OF THE CODE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO OTHER NO USE IS OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS ALTER OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTING THE NEIGHBORHOOD, IF GRANTED THE NEIGHBORHOOD'S CONSERVATION STANDARD VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE SIZE OF THE ACCESSORY STRUCTURE IS EXISTING.
A LIMITED AREA OF THE ACCESSORY DWELLING FACES THE STREET AND THE ROOF MATERIAL DOES NOT PRESENT AN UNSIGHTLY APPEARANCE.
THE PLATE OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES ARE SOUGHT ARE DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE HISTORICAL SIZE OF THE ACCESSORY STRUCTURE, AGING ROOF AND LIMITED STREET FACING AREA OF THE ACCESSORY DWELLING.
DO WE HAVE A SECOND? MS. CRUZ? SECOND.
MS. CRUZ, UH, MS. CRUZ TOOK CREDIT FOR IT.
AND AGAIN, I APPLAUD YOU GUYS FOR TAKING ON SUCH A PROJECT.
IT'S LIKE A COUPLE HUNDRED SQUARE FEET.
WE'LL BE IN AND OUT DONE IN A COUPLE MONTHS, BUT
[02:35:01]
I, I MEAN, I FEEL YOUR PAIN.I DON'T SEE A PROBLEM WITH IT SINCE IT IS TO THE BACK OF THE HOME AND, UH, EVERYTHING IS BEING FOLLOWED THE WAY IT SHOULD BE.
OR ANY OTHER COMMENT? ALRIGHT, LET'S TAKE A ROLL CALL.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
THE VARIANCE HAS PASSED AS REQUESTED.
WE'LL DRIVE BY AND TAKE A LOOK AT.
I'LL BE PRESENTING, I'LL BE PRESENTING CASE NUMBER EIGHT.
UH, BO A DASH 25 DASH 0 3 0 0 6 1.
ADDRESS IS 6 0 2 HOOD STREET COUNCIL DISTRICT TWO, APPLICANT BRADLEY WAR A.
A REQUEST FOR A 10 FOOT AND FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK AND 10 FOOT REVERSE CORNER.
LOT SETBACK TO ALLOW FOR A DETACHED GARAGE WITH A 10 FOOT GARAGE SETBACK AND A FIVE FOOT REVERSE CORNER.
ZONING IS OUR SIX SUBJECT PROPERTY IS LOCATED SOUTH OF JBSA, SAM HOUSTON MILITARY BASE ALONG HOOD STREET AND WITHIN THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION ON A CORNER LOT.
THE APPLICANT IS PROPOSING THE REPLACEMENT OF, OF AN EXISTING DETACHED GARAGE WITH A LARGER DETACHED GARAGE.
THE NEW GARAGE WILL BE ENCROACHING ONTO THE REQUIRED 20 FOOT GARAGE SETBACK AND THE 10 FOOT REVERSE CORNER LOT SETBACK.
THERE ARE NO CODE ENFORCEMENT VIOLATIONS FOR THE PROPERTY AND NO PERMIT APPLICATIONS HAVE BEEN SUBMITTED.
SITE PLAN AND A ZOOMED IN VERSION OF THE SITE PLAN.
SUBJECT PROPERTY, EXISTING GARAGE AND SURROUNDING AREAS.
THIS IS DOWN, UH, SHIRLEY STREET AND DOWN HOOD STREET AND THE SURROUNDING AREAS FOR, UH, ADDITIONAL DETACHED GARAGES.
STAFF RECOMMENDS, UH, DENIAL IN CASE, UH, BO OA DASH 25 DASH 0 3 0 61 BASED ON THE FOLLOWING FINDINGS OF FACT NUMBER ONE, THE SETBACK RIGHT.
THE SETBACK VARIANCE WILL NOT LEAVE SUFFICIENT SPACE BETWEEN THE RIGHT OF WAY AND THE PROPOSED DETACHED GARAGE.
AND NUMBER TWO, THE REQUEST WOULD DISRUPT THE ESTABLISHED SETBACKS OF THE ADJACENT CONFORMING PROPERTY.
AND THE SCALE OF THE PROPOSED GARAGE WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
STAFF MAILED OUT 16 NOTICES, SIX IN FAVOR, ZERO IN OPPOSITION.
THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
AND THE GOVERNMENT HILL TOMORROW COMMUNITY ORGANIZATION DID NOT RESPOND.
SO I HAVE A QUESTION ON THIS PRESENTATION.
IT'S, IT HAS A STAFF RECOMMENDED APPROVAL FOR BO OA 25 DASH 0 3 6 1 MM-HMM
AND IT SHOWS THAT THE, IS THERE A SPLIT? YEAH.
SO I'M NOT SURE WHAT YOU'RE READING AND WHAT'S ON HERE.
THERE'S A DISCONNECT ON THE PRESENTATION.
IT IS THE SAME FINDINGS, A FACT THAT YEAH.
TRYING TO UNDERSTAND WHAT THE CLARIFICATION WOULD BE FOR, FOR DENIAL.
THAT CONCLUDES THE PRESENTATION.
THAT DOES CONCLUDE PRESENTATION.
AND, UH, APPLICANT IS PRESENT.
[02:40:02]
SO, SO ON PAGE 11, SO ON OUR PRESENTATION IT DOES SAY APPROVAL, BUT WHAT YOU JUST PRESENTED IS DENIAL AND THAT'S REALLY THE CITY'S POSITION, CORRECT? CORRECT.AND ON OUR PRESENTATION, IT SHOWS THAT YOU SEND OUT 16 NOTICES, FIVE IN FAVOR, ZERO IN OPPOSITION, AND GOVERNMENT HILL DID NOT RESPOND AND NEITHER ONE OF THE COMMUNITY, UH, NEIGHBORHOODS RESPONDED.
IS THAT CORRECT? OKAY, THANK YOU.
MR. OZUNA, IS YOUR MIC WORKING? IT'S REALLY HARD TO HEAR.
I THOUGHT IT WAS, CAN YOU HEAR ME NOW? YES.
UH, I CURRENTLY OWN 6 0 2 HOOD STREET.
I AM IN THE PROCESS OF, UH, REMODELING IT AND BUILDING THIS, HOPEFULLY BUILDING THIS GARAGE FOR A, A FRIEND OF 30 YEARS IS, WAS THEN GONNA MOVE TO SAN ANTONIO AND, AND PURCHASE THIS FOR ME FROM THE STATE OF IDAHO.
UH, I INCLUDED IN THE, ON MY, UH, SLIDE HERE WHAT IT CURRENTLY LOOKS LIKE AND WHAT THE ELEVATION, YOU KNOW, WE WANT TO RETURN THE HOUSE TO ITS ORIGINAL CRAFTSMAN CHARACTERISTICS.
THE CURRENT SHOWS, THE, WHERE THE, UH, GARAGE CURRENTLY IS IN THE LOWER LEFT HAND CORNER, THERE IN THE MIDDLE, UH, VERSUS WHAT WE WANT TO PUT IN THERE.
WE CAN FEEL THAT, YOU KNOW, HAVING A GARAGE THAT ACCOMMODATES THREE CARS OFF STREET PARKING WOULD BE REASONABLE.
UH, AS MANY FAMILIES HAVE THAT REQUIREMENT.
NOW, UH, IN DOING SO, NOT ONLY WILL WE KEEP, UH, THE VEHICLES PROTECTED, BUT ALSO KEEP THE CARS OFF THE STREET.
UH, IT'LL STILL LEAVE AMPLE SPACE BETWEEN THE BACK OF THE SIDEWALK AND THE FRONT OF THE GARAGE.
UM, AND I MEAN, THAT'S PRETTY MUCH IT UNLESS THERE'S ANY QUESTIONS FROM ME.
LET'S SEE IF WE HAVE ANY QUESTIONS, MS. CRUZ.
SO TECHNICALLY YOU'RE GOING TO DEMOLISH THE GARAGE THAT'S THERE NOW AND MAKE IT BRAND NEW AND IS THAT CORRECT? OR YOU'RE JUST GONNA YES, MA'AM.
IT'S IN A PRETTY BAD STATE OF DISREPAIR.
THAT'S WHAT I WANNA MAKE SURE.
STEVENS, WHAT'S GOING ON WITH THE, THE WEDGE PROPERTY THAT YOU'RE BUDDING ON YOUR, ON THE, I THINK IT'S THE SOUTH SIDE.
UH, UH, I HAVE, WE HAVE TALKED TO THE OWNER OF THAT PROPERTY.
HE LIVES ON THE OTHER SIDE OF TOWN.
UH, IF, IF, IF THAT'S THE QUESTION YOU'RE ASKING ABOUT.
I JUST WASN'T SURE IF THERE WAS A HOUSE THERE OR NOT.
YEAH, THERE IS A, A SMALL ONE THAT IT'S PROBABLY ITSELF IS PROBABLY LESS THAN 10 FEET FROM THE SIDEWALK.
AND IF YOU NOTICE ACROSS THE STREET THAT THAT GARAGE THAT'S IN A STATE OF DISREPAIR IS ALSO WITHIN ABOUT 10 FEET.
SO TERMS OF CHANGING THE CHARACTERISTIC, WE HAD AN ARCHITECT DRAW UP THE PLANS FOR A GARAGE JUST TO KIND OF KEEP IT CONSISTENT WITH THE NEIGHBORHOOD AND THEN THE EXISTING HOUSE, I MEAN, KIND OF TOUGH TO MESS THAT UP, BUT GOMEZ THANK YOU MR. GOMEZ.
DO YOU, IS IT UNDER THE HISTORICAL SOCIETY? HAVE YOU CHECKED? UH, NO SIR.
WHEN WE CO CONSULTED WITH, UH, THE CITY HERE AT THE OFFICE, THERE WAS NO HISTORICAL REQUIREMENTS.
ANY OTHER QUESTION FOR THE APPLICANT? ALRIGHT, STAFF, DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENT TO BE READ IN? THEY'RE WORKING ON IT? NO PUBLIC COMMENT.
SO, UH, IF YOU'D HAVE LIKE TO HAVE ANY CLOSING REBUTTAL REMARKS OR IT'S ANY, UH, BOARD MEMBERS WOULD HAVE TO LIKE TO ASK ANY FINAL QUESTIONS? THE ONLY THING I WOULD LIKE TO SAY IS I DID TALK TO GOVERNMENT HILL, ALLIANCE GROSS HILL THERE.
I'VE WORKED WITH HER BEFORE AND SHE WAS PRETTY BUSY WITH THE CURRENT ELECTIONS.
WELL THAT WOULD CLOSE THE PUBLIC PORTION.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION.
YES, LEMME JUST FIND IT REAL QUICK.
REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 6 1.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A 10 FOOT AND A FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT GARAGE SETBACK AND A 10 FOOT REVERSE CORNER LOT SETBACK TO ALLOW FOR A DETACHED GARAGE WITH A 10 FOOT GARAGE SETBACK AND A FIVE FOOT REVERSE CORNER LOT SETBACK SITUATED AT 6 0 2 HOOD STREET.
APPLICANT BEING PHOENIX VINTAGE OPPORTUNITY FUND, LLC.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS
[02:45:01]
OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY WE FIND THAT NUMBER ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS, UH, THE REDUCED SETBACK DOES NOT APPEAR TO IMPACT THE PUBLIC INTEREST AS ENOUGH SPACE EXISTS TO SAFELY EXIT IN INTO A RESIDENTIAL STREET.
NUMBER TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A SPECIAL CONDITION EXISTS ON THE PROPERTY AS THE GARAGE CANNOT BE REDUCED IN SIZE WHILE STILL ACCOMMODATING MORE THAN TWO VEHICLES.
NUMBER THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS IT WOULD RESULT IN SUFFICIENT SPACE FOR VEHICLES TO EXIT THE GARAGE SAFELY AND CREATE A CONSISTENT SETBACK ALONG THE BLOCK FACE.
NUMBER FOUR, THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO, UH, UH, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
NUMBER FIVE, SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS THE REQUEST WOULD COMPLY WITH REQUIRED SETBACKS AGAINST ALL SHARED PROPERTY LINES OF RESIDENTIAL DWELLINGS.
NUMBER SIX, THE PLIGHT OF THE OWNER, UH, OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SALT IS DUE TO YOUR UNI UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY AS THE SIZE OF THE GARAGE COULD NOT BE SUBSTANTIALLY REDUCED AND TO CONTINUE TO ACCOMMODATE MORE THAN TWO VEHICLES.
YEAH, I'LL BE IN SUPPORT OF THIS.
UH, I THINK, UH, YOU KNOW, THERE'S A PRE-EXISTING GARAGE THERE.
HE, HE WENT THROUGH AN ARCHITECT, GOT SOME GOOD PLANS SET AND IT SEEMS LIKE HE'LL DO A GOOD JOB WITH THIS.
UM, I CONCUR WITH HIM, WITH MY COLLEAGUE AND I DON'T SEE A PROBLEM WITH IT, ESPECIALLY SINCE IT'S RIGHT ACROSS FROM, UH, PORT TAM HOUSTON AND I KNOW THERE'S NOTHING THERE THAT, THAT WILL BE IN THE WAY.
ALRIGHT, LET'S GO AHEAD AND TAKE A ROLL CALL.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
UH, I CONCUR WITH 11 IN FAVOR.
I'LL BE PRESENTING ITEM NUMBER NINE, BO OA DASH 25 DASH 1 0 3 0 0 0 6 2.
THE ADDRESS IS 1402 NORTH MAIN AVENUE COUNCIL DISTRICT ONE.
THE APPLICANT IS MRO GARZA REQUESTING AN EIGHT FOOT VARIANCE FROM THE MINIMUM 20 FOOT FRONT SETBACK TO ALLOW A 12 FOOT FRONT SETBACK.
THE SUBJECT PROPERTY IS LOCATED AT THE INTERSECTION OF NORTH MAIN AVENUE AND EAST LAUREL STREET JUST NORTH OF DOWNTOWN.
THE PROPERTY IS IN AN URBAN CORRIDOR THAT REQUIRES A 15 FOOT FRONT SETBACK ON A LOCAL STREET WHERE NORMALLY A C3 WOULD NOT REQUI REQUIRE ANY SETBACK.
THE REQUEST IS TO ADD A COVERED AREA WITH A 12 FOOT FRONT SETBACK.
THE APPLICANT STATED THAT THE USE IS FOR A BAR WITH NO COVER CHARGE.
THE BOARD OF ADJUSTMENT APPROVED A SIMILAR REQUEST ON A NEIGHBORING PROPERTY ON AUGUST 19TH, 2024 TO ALLOW A ONE FOOT FRONT SETBACK.
AND THIS IS THE SITE PLAN SHOWING WHERE THEY WOULD LIKE THE VARIANCE FOR.
AND THIS IS THE SUBJECT PROPERTY.
CURRENTLY, THE FOLLOWING PHOTOS ARE OF THE HISTORICAL VIEWS AND THE CURRENT VIEWS
[02:50:05]
AND THE SURROUNDING AREA.STAFF RECOMMENDATION FOR THE URBAN CORRIDOR SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BOA DASH 25 DASH 1 0 360 2 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE OTHER PROPERTIES IN THE VICINITY ARE ALSO WITHIN THE URBAN CORRIDOR DISTRICT.
HAVE STRUCTURES WITHIN THE SETBACK PRESCRIBED IN SECTION 28 DASH SIX 90 AND TWO.
IT'LL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION.
DO WE HAVE ANY QUESTIONS, UH, FOR STAFF HEARING NOT ASK THE APPLICANT TO PLEASE COME FORWARD.
HELLO, HOW ARE YOU? GOOD, THANK YOU.
OH, UH, WELL, UH, WHAT WE'RE TRYING TO DO IS IMPROVE THE WELLBEING OF THE GENERAL.
WE'RE TRYING TO, UH, IMPROVE THE, UH, WELLBEING IN TERMS OF THE GENERAL PUBLIC IN TERMS OF SAFETY, UH, FROM THE SUN AND MAYBE HAIL ELEMENTS OR THINGS LIKE THAT BY COVERING THE BAR AREA THERE.
UM, PROVIDING SHADE ALSO FROM, AND PROTECTION FROM RAIN AND SO FORTH.
SORT OF LIKE, UH, UH, WE HAD WRITTEN HERE BASED ON THE QUESTIONS WE HAD.
UM, THE OTHER THING IS, UM, IT'S THE, WE BY DOING THAT, YOU KNOW, UH, CURB APPEAL, WE'RE TRYING TO MAKE IT LOOK RIGHT.
UH, WE HAD APPLIED FOR A GRANT, THE FACADE GRANT, AND UH, THE CITY GAVE IT TO US.
WE'RE TRYING TO, UH, THE ENGINEERS COMING UP WITH THE STRUCTURAL PARTS SO THAT IT IS DONE THE RIGHT WAY.
UM, AND 'CAUSE WE'LL NEED THAT.
SHOULD WE, BASED ON YOUR RECOMMENDATION, IF THAT GOES FORWARD, UH, WE CAN THEN GET THE PERMIT, WHICH WAS ALSO GIVEN TO US, UH, GRANTED TO US.
SO, UH, WE'RE VERY, VERY LUCKY TO HAVE GOTTEN THE GRANT.
UM, AND LIKE WE MENTIONED EARLIER, UM, IT'S THE SAME AS IT WAS APPROVED NOVEMBER 20, 24 N NEXT DOOR.
UM, SO, AND THERE'LL BE NO OTHER USE AND THOSE AUTHORIZED SPECIFICALLY FOR THE PROPERTY.
I SOME OF THIS IS, IS, UH, WORDED IN A WAY THAT I DON'T FULLY UNDERSTAND IT.
I THINK THAT'S, I GOT, THAT'S ALL I GOT.
UH, UH, IF YOU HAVE QUESTIONS.
MR. GARZA, UM, MISSES, UM, SO THE, THE CANOPY THAT YOU'RE THINKING OF DOING, IT'S GONNA BE SIMILAR TO THE ONE THAT'S ON THE OPPOSITE CORNER? YES, EXACTLY.
AND, AND SO IT'LL EXTEND BEYOND THAT, UH, BRICK WALL THAT'S CURRENTLY THERE.
I DON'T THINK, I THINK IT'S JUST GONNA COVER IT, JUST BARELY.
I DON'T THINK IT'S GONNA GO PAST THAT, THAT THAT WOULD LOOK UGLY.
I DON'T THINK IT WOULD LOOK NICE.
DO, DO YOU WANNA SEE SOME OF WHAT THE ENGINEER HAS IS COMING UP WITH? LET, LET ME GO GET IT.
THEY'RE, THEY'RE JUST PRELIMINARY.
HE SHOULD HAVE IT DONE IN THE NEXT FEW DAYS, IF YOU KNOW.
SO FOR THE BOARD'S, UH, UH, REC RECOLLECTION, I THINK IT WAS THE LUTHER'S RIGHT? THAT WE APPROVED.
UH, NOT MORE THAN WHAT, SIX MONTHS AGO? A YEAR AGO? IT WAS, YES.
IT, I THINK IT'S, UH, IT'S RIGHT NEXT DOOR TO US.
THE LUTHER'S, I DON'T THINK THAT'S LUTHER'S.
I THINK LUTHER'S IS STILL THERE.
WELL, I THINK IT WAS THE SAME OWNER AS THE LUTHER'S THAT YES.
[02:55:09]
THERE'S THAT.AND IT APPEARS THE ENGINEERING STUFF.
I DON'T UNDERSTAND TOO MUCH OF THAT.
CRUZ, UH, WHAT'S, WHAT'S ON THE OTHER SIDE OF YOU, SIR? BECAUSE ACCORDING TO THIS DRAWING, IT SAYS OFFICE, BUT I'M NOT SURE WHAT THERE, IT'S BEEN A WHILE SINCE I'VE BEEN THERE.
UH, YOU MEAN RIGHT ACROSS? NO, ACCORDING TO THE DRAWING HERE THAT WE HAVE, UM, YOU'RE AT THE CORNER AND RIGHT NEXT DOOR TO YOU IS SOMETHING ELSE.
IT'S, IT, IT'S, IT'S ON EAST LAUREL STREET, IT MRS. JIMENEZ'S BUILDING.
SO BEHIND YOU IS ANOTHER RESTAURANT AND THEN NO, NO, BEHIND ME IS AN OFFICE BUILDING.
I BELIEVE THEY'RE FEDERAL CONTRACTORS.
I BELIEVE YOU SAW LIKE TWO OR THREE OFFICE SUITES BACK THERE WHERE WE PARKED WHEN WE DID SITE VISITS.
THAT'S WHAT I'M TRYING TO FIGURE OUT.
AND MRS. JIMENEZ, THE OWNER OF THAT BUILDING IS HERE, TO MY SURPRISE,
UM, BUT ACROSS FROM ME IS THE, UH, THE APARTMENT COMPLEX.
UH, I KNOW THE APARTMENT COMPLEX.
I'M TRYING TO FIGURE OUT ACCORDING TO WHAT THE CITY IS SHOWING, UH, YOU'RE AT 1402, BUT WHAT'S NEXT TO YOU AT 1416? OH, THAT PART.
THE, THAT'S THE OTHER OWNER THAT GOT THE APPROVED.
BUT WHAT IS IT NOW? I THINK THEY'RE, THEY HAVE PLACES TO EAT.
YEAH, THAT'S, IT'S ANOTHER C3 I THINK.
THAT'S WHAT I WANNA MAKE SURE.
I THOUGHT YOU WERE TALKING BEHIND ME.
WE APPROVED, UH, THE SAME KIND OF, UH, UMBRELLA SHADE STRUCTURES.
DID THAT ANSWER THE QUESTION? ARE WE MOVING UP MANNA, MR. MANNA? SO, SO I THINK, UM, LAST TIME ONE OF THE CONVERSATIONS THAT I RECALL WAS, YOU KNOW, WHERE PEOPLE ARE PARKING AND, AND, AND SO, SO I THINK THE LAST TIME THERE WAS PARKING IN THIS, UH, ON THE STRUCTURE AND THEY WERE GOING TO MAYBE MOVE SOME THEM OUT.
AND SO, SO FOR THE, FOR THE PEOPLE THAT COME TO VISIT, IT'S A CONTRACT WITH THE, THE COLLEGE, UH, THEY'RE HIGH-RISE, UH, PARKING, WE'VE BEEN IN GOOD TERMS WITH THEM.
AND THEN A SECOND QUESTION IS, UM, SO, SO THERE'S A PICTURE THERE THAT SHOWS A KIND OF A ROUND AREA, UM, WHICH IS IDENTIFIED AS ONE, WHICH IS WHERE IT, IS THAT THE ONLY SPACE THAT YOU'RE LOOKING FOR TO HAVE THE COVERED OR, OR THAT'S NEEDING THIS VARIANCE? OR IS IT TRULY ALL THE WAY ALONG? UH, MAIN NO.
IF YOU, THE ROUND AREA, YOU'RE LOOKING AT THE, THE WALL, RIGHT.
THE FENCE IF CITY WANTS TO BRING UP.
SO, SO, SO THE AREA THAT YOU'RE LOOKING FOR THE VARIANCE IS, UM, IT, IT, SO, SO, SO THE WHOLE, THE WHOLE FENCE DOESN'T REQUIRE THE VARIANCE, IT'S JUST A PORTION OF IT.
IS THAT CORRECT? NOT SURE WHAT THAT MEANS.
UH, I JUST KNOW IT'S GONNA GO OVER THAT FENCE A LITTLE BIT.
WHAT WAS THAT MRS. THE FENCE ISN'T GONNA CHANGE YOUR WALL THERE IS NOT CHANGING.
AND THAT WALL HAS BEEN THERE FOR A WHILE, BUT YOU'RE JUST A ASKING FOR THE VARIANCE TO PUT THE COVER, WHICH GOES OVER THE 12, UH, GOES THAT TO MATCH THE RIGHT.
AND SO ONE OF THE DOS WE ASK OR OR WE HAVE IS, UM, AND SO, SO AS WE LOOK AT THE WAY IT'S KIND OF WRITTEN, UM, THE CANOPY COULD BE ALONG THE ENTIRE ROADWAY THERE ALONG MAIN AVENUE.
AND SO, SO SOMETIMES WE WOULD LIKE TO RIGHTSIZE IT.
YOU'LL GIVE YOU WHAT IS THAT YOU'RE LOOKING FOR OR TALK ABOUT IT, WHAT THAT YOU'RE LOOKING FOR, WHICH SOUNDS LIKE A, A SUBSET OF THAT WHOLE STRIP.
AND SO, SO HOW, HOW BIG IS THAT, UM, THAT, THAT CIRCULAR AREA THERE? DO YOU KNOW? WELL, I'D HAVE TO LOOK AT THIS.
UH, YEAH, THE SECOND PRINT GRAY OUT.
SO I REALLY CAN'T SEE THE SIZE OF IT.
AND THIS IS, UH, THIS CAME LATER.
I DIDN'T INCLUDE IT IN THE, UH, REQUEST.
IT'S A LITTLE LESS THAN 60 FEET IN LENGTH, 70 FEET IN LENGTH.
A LITTLE LESS THAN 60 FEET IN LENGTH.
SO DO YOU THINK IF WE TALKED ABOUT IT BEING 60 FOOT AND YOU KNOW, ALLOWING FOR THAT, UM, THAT VARIANCE ALONG THAT, THAT 60 FOOT THAT WOULD BE SUFFICE TO WHAT IS THAT YOU'RE LOOKING TO ACCOMPLISH? WHATEVER IS LEGAL? YES.
I MEAN, WE, WE NOT, I MEAN WE'RE TRYING TO ACCOMMODATE YOU.
WE'RE TRYING TO MAKE SURE, YOU KNOW, WITHOUT TRYING TO UNDERSTAND.
[03:00:01]
AND SO IS 60 FEET ENOUGH I GUESS IS THE QUESTION? UH, I, I, I THINK SO, BUT I, I, UH, I'M NOT THE ENGINEER OR THE STEVENS THE CONTRACTOR SAID HE WAS GONNA BE HERE.MR. STEVENS, CONSIDERING THAT WE APPROVED, UM, UH, NEXT DOOR FOR ONE FOOT AND THEY'RE ONLY ASKING FOR 12 FOOT, I'VE GOT NO PROBLEM GIVING IT TO 'EM ACROSS THE WHOLE FACE OF THIS PROPERTY.
ESPECIALLY IN CONSIDERING IT'S IN THE URBAN CORRIDOR.
WELL, IT'S, IT IS GREAT QUESTIONS.
ANY OTHER QUESTIONS FOR THE APPLICANT? ALRIGHT, AND DID WE, UH, DID WE READ INTO THE RECORD ANY VOICEMAIL OR PUBLIC COMMENTS? NO PUBLIC COMMENT.
UM, ANY CLOSING REMARKS? UH, NO THANK YOU MUCH.
I DON'T, I DON'T SEE HOW Y'ALL DO IT.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION BON MR. BOEZ REGARDING CASE NUMBER BO OA 2 5 1 0 3 0 0 0 6 2.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM 15 FOOT FRONT SETBACK TO ALLOW 12 FOOT FRONT SETBACK SITUATED AT 14 0 2 NORTH MAIN AVENUE APPLICANT BEING MARO GAR GARZA.
UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT NUMBER ONE, THE VARIANCE IS NOT CONTRARY, CONTRARY TO PUBLIC INTEREST, STAFF FINDS THE REDUCED SETBACKS TO BE CONSISTENT WITH OTHER STRUCTURES ALONG THE CORRIDOR IN THE IMMEDIATE VICINITY AND NOT OUT OF CHARACTER FOR THE URBAN CORRIDOR DISTRICT.
NUMBER TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
STAFF FOUND A SPECIAL CONDITION EXISTING ON THE PROPERTY WHERE A LITTLE ENFORCEMENT OF THE ORDINANCE DOES NOT LEAVE ADEQUATE SPACE TO FULLY DEVELOP THE COMMERCIAL LOT.
NUMBER THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AND AS THE REQUIREMENT IS THERE TO PROTECT THE URBAN CORRIDOR.
AND THERE ARE OTHER STRUCTURES ALONG THE CORRIDOR, ALSO WITHIN THE URBAN CORRIDOR SETBACK IN THE IMMEDIATE IMMEDIATE VICINITY.
NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF A USE OTHER THAN THE, 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.
NUMBER FIVE, SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE URBAN CORRIDOR SETBACK VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY AS A LESS RESTRICTIVE VARIANCE WAS APPROVED FOR THE ADJACENT PROPERTY, THE PROPOSED DEVELOPMENT WILL LEAVE SUFFICIENT ROOM FROM THE PROPERTY AND NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT WOULD NOT ADHERE, AS IT WOULD ADHERE, ADHERE TO OTHER SETBACK REQUIREMENTS.
NUMBER SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SALT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS LIMITED SPACE FOR THE COVERED OUTDOOR ENVIRONMENT.
YEAH, I'LL, UH, I'LL, I'LL BE IN SUPPORT OF THIS, UH, FOR, YOU KNOW, SPECIFIC REASONS STATED BY, UH, COMMISSIONER STEVENS.
THE, THE FACT THAT WE HAVE ANOTHER ONE THAT'S THAT'S ONE, UH, HAS A ONE FOOT SETBACK.
I, I SEE NO REASON WHY WE COULDN'T GRANT, UH, THE, THE SETBACK TO, UH, MR. GARCIA.
UH, YES, I, I AGREE WITH MR. POY.
I I, WITH IT BEING A A A PUBLIC RESTAURANT AND BAR, I WOULD SEE NO PROBLEMS WITH IT BECAUSE IT WOULD HAVE SUFFICIENT ROOM FOR EVERYTHING ELSE.
UH, A A UH, FRIENDLY AMENDMENT.
UH, LIMIT THE VARIANCE TO THE NORTHERN MOST 60 FEET ALONG MAIN AVENUE.
LIKE GOING TOWARDS TOWARDS THE STREET.
YEAH, YEAH, YEAH, YEAH, ABSOLUTELY.
UM, SO JUST TO CLARIFY, THE 60 FEET IS NOT TO THE PROPERTY LINE.
A 60 FEET IS JUST THE LENGTH OF THAT STRUCTURE, YOU SEE.
SO IF YOU DO 60 FEET FROM THE NORTHERN PROPERTY LINE, THAT'S, IT'S NOT GONNA COVER THIS STRUCTURE, WHICH I BELIEVE THE APPLICANT IS TRYING TO DO STRUCTURE.
SO HOW DO I NEED TO REPHRASE THAT? IF, IF THAT'S YOUR INTENT, UM, YOU CAN SAY SOMETHING TO THE EFFECT OF LIMITED TO 60 FEET.
THAT WAY HE HAS, HE ONLY, HE WOULD ONLY HAVE 60 FEET TO PUT IT.
UM, THAT'S WHAT I WOULD SUGGEST.
WELL, THE INTENT IS TO ALIGN WITH THE SITE PLAN THAT HE HAS PROVIDED.
COULD WE JUST REFERENCE A SITE PLAN AND PUT THAT AS AN EXHIBIT AND THAT WAY THERE'D BE NO, UM, ISSUE OF IT NOT MEETING THE YEAH.
THAT'S A BETTER ALTERNATIVE I THINK.
I THINK WE SHOULD GO AHEAD AND JUST SUBMIT THE SITE PLAN.
SO IS THAT AMENDMENT ACCEPTANCE? YES.
[03:05:01]
I'LL ACCEPT THE FRIENDLY AMENDMENT.AND SECOND MS. CRUZ? YES, THAT'S FINE.
AND THAT SHOULD WORK, RIGHT? YEAH.
WHATEVER'S IN THE PLAN IS WHAT'S GONNA BE DONE.
ALRIGHT, LET'S GO AHEAD AND TAKE A ROLL CALL.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
MY NAME IS MANTU AND I'LL BE PRESENTING CASE.
UH, ITEM NUMBER 10, CASE BO A DASH 25 0 3 0 0 0 6 3.
ADDRESS IS 49 50 CALLAHAN ROAD COUNCIL DISTRICT SEVEN APPLICANT IS HOLT RENEWABLES A REQUEST FOR A 15 FOOT SETBACK VARIANCE FROM THE MINIMUM 30 FOOT SETBACK TO BE ALLOWED FOR A PV ARRAY SOLAR FARM SYSTEM WITH A 15 FOOT SETBACK.
ZONING FOR THIS PARTICULAR AREA IS C TWO S WITH A SPECIFIC USE AUTHORIZATION FOR SOLAR FARM SUBJECT PROPERTY LIES WEST OF THE INTERSECTION OF BANDERA ROAD AND CALLAHAN ROAD AND IS WITHIN THE INGRAM HILLS NEIGHBORHOOD ASSOCIATION.
THE PROPERTY WAS RECENTLY REZONED TO ALLOW FOR A SOLAR FARM ON THREE POINT 11 ACRES LOCATED ON THE WESTERN AND SOUTHERN PARTS OF THE LOT WITH THE WESTERN PORTION ABUTTING A RESIDENTIAL AREA AND THE SOUTHERN PORTION ADJACENT TO A DRAINAGE EASEMENT.
THE APPLICANT IS REQUESTING A 15 FOOT SETBACK VARIANCE TO ALLOW FOR THE PLACEMENT OF SOLAR PANELS CLOSER TO THE NEIGHBORING RESIDENTIAL PROPERTIES, WHICH WILL ALLOW FOR THE PRODUCTION OF SUFFICIENT POWER FOR THE SUBJECT PROPERTY SITE PLAN, SUBJECT PROPERTY SURROUNDING AREAS.
THIS IS, UH, FACING A COMMERCIAL PROPERTY AND THE WESTERN PORTION, UH, NEXT TO RESIDENTIAL PROPERTIES.
THESE BE COMMERCIAL PROPERTIES ON CALLAHAN STAFF.
RECOMMENDATION FOR STEP AT VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 360 3 BASED ON THE FOLLOWING FINDINGS OF FACT NUMBER ONE, THERE WILL BE SUFFICIENT SPACE BETWEEN THE PROPOSED SOLAR FARM AND THE NEIGHBORING RESIDENTIAL PROPERTIES TO ADDRESS FIRE SAFETY AND NOISE CONCERNS.
AND NUMBER TWO, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
ZERO IN FAVOR, ZERO IN OPPOSITION.
THE INGRAM HILLS NEIGHBORHOOD ASSOCIATION AND THUNDERBIRD HILLS NEIGHBORHOOD ASSOCIATIONS DID NOT RESPOND.
THAT CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF CRUZ, MS. CRUZ.
UM, AND I KNOW IT'S BEEN A WHILE SINCE I'VE BEEN IN THAT NEIGHBORHOOD.
ISN'T THERE ANOTHER SOLAR FARM CLOSE TO IT? OR MAYBE LESS THAN A MILE AWAY? I CAN LOOK, BUT WE DIDN'T OBSERVE ANY ON SITE VISITS, BUT I'LL, I'LL DO A OVERHEAD LOOK.
ALL RIGHT, WELL, STAS LOOKING AT THAT.
ANY OTHER QUESTIONS, UH, FOR STAFF HEARING NONE AT ASK THE APPLICANT TO PLEASE COME FORWARD AND, UH, LET'S HEAR THE CASE.
GOOD AFTERNOON AND UH, THANK YOU FOR GUTTING IT OUT THROUGH ALL 10 ITEMS.
MY NAME'S TIM HALLER AND I'M WITH INTERTECH AUTOMOTIVE RESEARCH.
UM, WE ARE THE PROJECT OWNERS.
I'M THE PROJECT MANAGER FOR THE, FOR HOPE RENEWABLES THAT WOULD THE, UH, GENERAL CONTRACT ON THE PROJECT.
LET'S TALK ABOUT THE, THE VARIANCE REQUEST AND, UH, WHAT YOU GUYS ARE LOOKING FOR AND, UH, IT'S
[03:10:01]
PRETTY STRAIGHTFORWARD.OUR GOAL HERE IS TO DO ABSOLUTELY AS MUCH SOLAR GENERATION, UH, AS WE CAN.
SO WE HAVE AN AUTOMOTIVE TESTING LABORATORY THAT'S ADJACENT TO IT.
THE MORE SOLAR PANELS WE CAN PUT IN, THE LESS GNAT GAS AND COAL CPS HAS TO BURN AND PUT CO2 INTO THE AIR TO POWER.
SO WE'RE JUST TRYING TO MAXIMIZE THE USABLE SPACE EFFECTIVELY.
ANY QUESTIONS FOR THE APPLICANT HERE, MS. CRUZ? OKAY.
UM, I'M LOOKING AT THE MAP THAT THEY CAME UP WITH.
SO THE NEIGHBORHOOD IS ALL AROUND YOU, CORRECT? BECAUSE, OR IS IT JUST ON THE SIDE OF, UH, IT'S HORSESHOE BEND.
IT'S JUST ON THAT ONE SIDE OF HORSESHOE BEND.
SO CALLAHAN, WHERE WE'RE LOCATED NEXT TO US IS ROCKWELL, UH, TRAILER.
NEXT TO THAT IS LIKE A BOAT AND RV STORAGE FACILITY.
UH, ACROSS THE STREET IS ANOTHER PROPERTY OF OURS THAT'S AN INDUSTRIAL ZONE SITE.
UM, AND THEN THERE'S LIGHT INDUSTRY KIND OF UP AND DOWN ALL THE CALLAHAN THERE.
SO WE'RE HOPING FOR ABOUT HOW MANY SOLAR PANELS.
DO YOU KNOW WHAT THE TONAL NODULE COUNT IS? IT'S A LITTLE UNDER A MEGAWATT OF SOLAR GENERATION.
IT'S, BESIDES THAT, MY, MY BIGGEST CONCERN IS SINCE IT'S AN EMPTY LOT, YOU HAVE SUCH BEAUTIFUL TREES ON IT AND I KNOW YOU'RE GONNA HAVE TO CUT 'EM DOWN.
SO WE DID, WE DID ACTUALLY, UH, PEEL FOR A TREE REMOVAL VARIANCE AND ALL OF THAT.
AND WE, WE WENT THROUGH THAT TWO, THREE WEEKS AGO.
UH, WE WERE IN THE SAME ROOM, UH, DISCUSSING THAT WITH OUR ARBORIST AND SOME OTHER FOLKS THAT VARIANCE DID GET APPROVED AND IT'S, UH, IF YOU LOOK RIGHT THERE ON THE, YOU GONNA SPEAK INTO THE MIC, SIR? IT'S 1,638 MODULES THAT'S GONNA BE THERE, RIGHT THERE.
CAN, WELL, AND WHAT HE WAS TELLING YOU AWAY FROM THE MIC WAS THAT IT WENT TO PLANNING COMMISSION AND IT DID GET, UH, THEIR VARIANCE FOR THE TREES TO GET APPROVED.
AND TO ANSWER YOUR EARLIER QUESTION, UM, THERE IS THE HOSPITAL, UH, ON THE OTHER SIDE OF FOUR 10 THAT WAS RECENTLY APPROVED ABOUT SIX OR EIGHT MONTHS AGO BY THIS BOARD.
UM, OBVIOUSLY THAT WAS SURROUNDED NOT BY RESIDENTIAL.
THAT'S, IS THAT GONNA BE THE NEW, UH, BAPTIST? UH, I BELIEVE YES.
TO THE REAR, NEXT TO THE HELIPAD? YEAH.
YEAH, I, I KNOW WHAT YOU'RE TALKING ABOUT NOW.
ALRIGHT, ANY OTHER QUESTIONS FOR THE APPLICANT? STEVEN? OH, OH OH, GO AHEAD STEVENS.
COULD Y'ALL SPEAK TO THE HEIGHT OF THESE ARRAYS? LIKE, I KNOW, I KNOW THAT THEY MOVE, BUT LIKE AT THEIR TALLEST, HOW, HOW TALL DO THESE THINGS GET? THESE AREN'T ARTICULATED RIGHT? NO.
SO IT'S GONNA, THIS IS A FIXED TILT SYSTEM, SO IT'S NOT, IT IS NOT GONNA MOVE AT ALL.
AND YOU'RE LOOKING AT LIKE, IS IT GONNA BE OVER THAT SIX FOOT FENCE OR ARE THEY LIKE WAIST HIGH? LIKE HOW TALL ARE THESE? UH, THEY'LL PROBABLY BE AROUND SIX FOOT.
I DON'T HAVE A FIGURE RIGHT OFF HAND.
BUT THEN IT IS NOT LIKE SUPER TALL THOUGH.
YEAH, THE, THE MAKING THEM TALLER IS NOT NECESSARILY GOOD.
'CAUSE THAT'S MORE RACKING EXPENSE.
SO WE'RE TRYING TO KEEP 'EM KIND OF AS LOW AS WE CAN WITHOUT HAVING TO WORRY ABOUT LIKE, OVERGROWTH AND, UH, YOU KNOW, SHADING, THAT KIND OF STUFF.
I WAS JUST CONCERNED THAT MAYBE THEY WOULD BE LIKE POKING OVER THE TOP OF RESIDENTIAL FENCES AND MAYBE A 30 FOOT SETBACK WOULD MAKE MORE SENSE THEN.
BUT NO, IT DOESN'T SOUND LIKE THAT'S AN ISSUE.
ALRIGHT, MR. MANON? NO, THAT WAS ACTUALLY THE QUESTION I WAS GOING FOR.
AND THEN, AND THEN I GUESS ANOTHER QUESTION.
SO, YOU KNOW, THERE'S, THERE'S ALL KIND OF, UM, EXTERNAL DIALOGUE WITH REGARDS TO REGULATIONS ON HAVING SOLAR PANELS IN THAT AND SO, SO, SO, UM, DOES THAT WEIGH INTO THIS PICTURE AT ALL WITH REGARDS TO SETBACKS OR ANYTHING ELSE? UM, WITH REGARDS TO FEDERAL AND OR STATE AND OR OTHER REGULATIONS? THE, UM, THE ONLY THING I CAN SPEAK TO THAT THIS WOULD NOT WAIVE ANY OF THAT.
UM, THIS IS JUST WAIVING THE INDIVIDUAL CITY CODE IN THE UDC FOR THE 30 FOOT SETBACK.
UH, THEY ARE MEETING THE BUFFER BETWEEN, UH, THE COMMERCIAL AND RESIDENTIAL.
UM, THIS WAS SHOWN TO CITY COUNCIL WHEN IT WAS RECENTLY REZONED, BUT IT WILL NOT NEGATE THEM FROM HAVING TO, UH, UM, STILL COMPLY WITH ANY STATE OR FEDERAL.
UM, IT, AND JUST TO HELP ME UNDERSTAND A LITTLE BIT WITH REGARDS TO THIS TYPE OF STRUCTURE.
SO IF IT'S, UM, HOW IS THIS BEING REGULATED WITHIN THAT SETBACK, I GUESS? AND SO, SO TO ME, YOU KNOW, IF I GO AND I PUT IN A, UM, A RAISED BED GARDEN, UM, YOU KNOW, IN MY 30 FOOT STRUCTURE, IS THAT PERMITTED? AND SO, SO WHY IS IT THAT THIS IS BEING REGULATED VERSUS ANYTHING ELSE? SO JUST TRY UNDERSTAND THAT DIFFERENCE THERE.
THE UDC HAS AN INDIVIDUAL CODE FOR THIS UNDER 35 3 98 BRAVO, UM, WHICH IS SPECIFICALLY FOR THIS TYPE OF STRUCTURE.
NORMALLY THIS IS A ENTIRE FIELD OF THESE,
[03:15:01]
UM, ARRAYS, BUT THIS IS ONLY IN THIS INDIVIDUAL CASE.THIS IS JUST A PORTION OF IT, THEIR PROPERTY SPECIFICALLY FOR THEIR USE ON THEIR PROPERTY.
THAT'S KIND OF THE ONLY DIFFERENCE.
SO WE HAVE REGULATION SPECIFIC TO SOLAR ARRAY PANELS, UH, IN A FIELD.
AND THAT'S WHAT, THAT'S CORRECT.
IT'S NOT A, IT'S NOT UNDER THE ACCESSORY STRUCTURE.
THEY HAVE THEIR OWN CODE ON THIS.
I'M JUST TRYING TO UNDERSTAND WHY IT'S HERE.
ANY OTHER QUESTION FOR THE APPLICANT OR FOR STAFF? OKAY, HEARING NONE.
UH, DO WE HAVE ANY VOICEMAIL OR OTHER PUBLIC COMMENTS TO READ INTO THE RECORD? NO PUBLIC COMMENT.
ANY, UH, CLOSING REMARKS YOU'D LIKE TO MAKE BEFORE WE CLOSE THE PUBLIC PORTION? NO, SIR.
UH, LET'S, UH, CLOSE THE PUBLIC PORTION.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANA MR. MANO, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 6 3.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A 15 FOOT SETBACK VARIANCE FROM THE MINIMUM 30 FOOT SETBACK TO ALLOW FOR A PV ARRAY SYSTEM, UH, WITH A 15 FOOT SETBACK SITUATED AT 4 9 5 0 CALLAHAN ROAD.
APPLICANT BEING INTERTECH AUTOMOTIVE RESEARCH BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN AN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS SUFFICIENT SPACE WILL REMAIN BETWEEN THE PROPOSED SOLAR FARM AND THE NEIGHBORING RESIDENTIAL PROPERTIES TO ADDRESS FIRE SAFETY, MAINTENANCE ACCESS, AND EMERGENCY RESPONSE.
TWO, DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN, IN A LIMITED RESTRICTED AMOUNT OF DEVELOPMENT SPACE IN WHICH TO INSTALL AN EFFICIENT SOLAR FARM.
THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED.
THE SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS ENOUGH SPACE WILL REMAIN WITHIN THE REDUCED SETBACK, WHICH APPEARS TO ADDRESS FIRE SAFETY AND NOISE CONCERNS.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED.
NO USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED.
THEIR PROPOSED SOLAR FARM WILL BE INSTALLED FAR ENOUGH AWAY FROM THE NEIGHBORING RESIDENTIAL PROPERTIES THAT THE REQUESTED VARIANCE WILL NOT INJURE THE NEIGHBORING PROPERTIES WITH THE IMMEDIATE, WITHIN THE IMMEDIATE AREA.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE ASATA IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON A PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE THE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE LIMITED DEVELOPMENT ON THE LOT AND THE DRAINAGE EASEMENT THAT PREVENTS THE RELOCATION OF THE PROPOSED INSTALLATION.
OH, WHAT I HEAR CRUZ, MS. CRUZ.
SO I HAVE, UH, SOLAR PANEL ENVY HERE BECAUSE MY 8.75 KILOWATT SYSTEM IS A LITTLE BIT SMALLER THAN THIS.
UM, SO, SO YEAH, SO I I THINK THAT, YOU KNOW, IT'S, IT'S, IT'S HEALTHY FOR THE CITY TO HAVE, UM, ALTERNATE MEANS OF PROVIDING POWER, YOU KNOW, TO THE ENVIRONMENT.
UM, YOU KNOW, WE ARE GOING TO LOSE SOME TREES, BUT WE'RE PROBABLY GAINING A LOT OF OTHER THINGS WITH REGARDS TO, UH, CARBON FOOTPRINT AND SETBACK AND STUFF.
SO, SO I'LL BE VOTING IN FAVOR OF THIS, MR. MANO, MS. CRUZ.
I WILL AGREE WITH MR. MANO AND I'M LIKE HIM.
MY SOLAR PANEL DOESN'T TAKE AS MUCH AS THEIRS BECAUSE I HAD TO CUT DOWN MY BEAUTIFUL PECAN TREE.
SO THAT'S WHY I KNOW ABOUT TREES.
SO ANYWAY, SINCE YOU ALL ALREADY GOT APPROVAL ON THAT, I WILL CONCUR WITH HIM AND, UH, GO AHEAD WITH THE PROJECT.
LET'S GO AHEAD AND TAKE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
WE'VE BEEN WORKING ON THIS FOR TWO AND A HALF YEARS.
AND I THINK THIS IS OUR LAST HURDLE.
UM, AND THEN MRS. CRUZ, THE QUESTION HAD COME UP ABOUT CARBON SEQUESTRATION ON TREES VERSUS PANELS AND I DID GO LOOK INTO IT.
[03:20:01]
30 YEAR LIFE OF THE PANELS, THEY WILL ELIMINATE MORE EMISSIONS FROM POWER GENERATION THAN WOULD'VE BEEN SEQUESTERED BY THE TREES.SO IT'S A SAY IT'S A NET ABOUT THAT.
I WAS WORRIED ABOUT IT TOO AFTER SOMEBODY ELSE BROUGHT IT UP AND I WAS LIKE, WELL, IF YOU GO AROUND CUTTING YAK TREES, SEQUESTER CARBON.
BUT ANYWAYS, FOR WHAT IT'S WORTH.
ALRIGHT, DO WE HAVE, SO STAFF REPORTS OR, UH, SO THE UPDATED MINUTES, UM,
[ Approval of Minutes ]
WITH CORRECTION FROM A FEW COMMISSIONERS WAS SENT OUT THIS MORNING.I MAKE A MOTION TO ACCEPT, UH, MINUTES AS, UH, REAC ACCOMPLISHED AMENDED.
ANY OTHER BUSINESS BEFORE THE I HAVE A QUESTION.
OH, HE WAS GONNA CUT ME OFF, BUT I NEED TO, THE, UH, PUBLIC COMMENT IS OVER.
MR. VANNA HAD MENTIONED 15 FEET ON MY CASE.
THAT MOVED MY, UH, MA'AM THIS CASE IS OVER, TWO FEET OVER.
AND I THOUGHT, OKAY, THAT'S NOT A BIG DEAL, BUT THE NUMBERS WERE WRONG.
IT'S ONLY NINE AND A HALF FEET OR NINE FEET? FIVE.
MY HUSBAND IS IN THE MILITARY.
I HAVE NO COMMUNICATION WITH HIM RIGHT NOW.
WHEN HE MEASURED, HE PUT, HE PUT DOWN 15 FEET FROM THE LONGEST PORTION.
IT'S NOT, IT'S ONLY NINE FEET, FIVE INCHES.
SO I CAME IN WITH THE WRONG INFORMATION.
LUCKILY FOR ME, THERE WAS SOME CITY EMPLOYEES THERE AND THEY MEASURED FOR ME AND WE GOT IT.
UM, IT'S EIGHT AND A HALF FEET.
IF I, IF, IF, IF I, IF I SHRINK IT DOWN TO THE TWO FEET.
IF I SHRINK IT DOWN TWO FEET LIKE Y'ALL ASKED, A CAR WON'T FIT.
I CAN'T GO IN AT ALL UNLESS I GET A SMART CAR.
BUT, UM, MY HUSBAND STAFF HAS PROVIDED, UH, COURSES OF ACTION TO THIS APPLICANT ALREADY.
SO IF YOU WANNA MOVE ON WITH THE, UH, RIGHT NOW IT'S UP TO YOU BOARD.
I HAD, THIS WAS NOT DONE CORRECTLY.
I'M, I PAID A LOT OF MONEY FOR A FAIR HEARING.
SO WE, I CAME IN WITH THE WRONG INFORMATION.
LIKE I SAID, MR. MANNA IS WHAT? I'M SORRY.
THE, WHEN HE SAID 15 FEET, I THOUGHT, WAIT A MINUTE, THAT'S A LOT.
IT WASN'T, IT'S NINE FEET, FIVE INCHES FOR THE ENTRANCE.
SO I'M GONNA ASK CITY ATTORNEY FOR RECOMMENDATION HERE.
UM, OBVIOUSLY WRONG INFORMATION WAS IN THE ORIGINAL WRITEUP.
UM, I DON'T KNOW IF THE BOARD HAS THE ABILITY TO REOPEN AND MAYBE ASK FOR A CONTINUANCE OR SOMETHING FOR THE NEW INFORMATION TO BE REEVALUATED BY STAFF OR WHAT THIS, WHAT Y'ALL WOULD RECOMMEND IN THIS PARTICULAR CASE.
SO SINCE WE'RE THE DECISION WAS MADE AT THE SAME MEETING, THE UH, COMMISSION HAS THE RIGHT TO MAKE A, TO RECONSIDER IT AT THE, AT THIS SAME MEETING.
SO IT'S UP TO YOU IF YOU WANT TO, UM, REOPEN THE CASE FOR RECONSIDERATION.
YOU'D HAVE TO HAVE A MOTION FOR THAT FIRST, AND THEN IF THAT HAPPENS, THEN UM, YOU CAN LISTEN TO THE NEW EVIDENCE AND, AND MOVE FORWARD FROM THERE.
I WOULD MAKE THAT MOTION WITH THE HOPE THAT WE WOULD, UH, SECOND APPROVE A CONTINUANCE.
SECOND, I CAN WE OPEN IT UP FOR A CONTINUANCE FOR THE INFORMATION TO BE REEVALUATED? I DON'T THINK WE'RE IN A POSITION TO MAKE A DECISION NOW ON RIGHT NOW.
RIGHT NOW YOU ALL YOU'RE DOING IS A MOTION TO RECONSIDER AND THEN AFTER THAT IT'S WHATEVER ACTION THAT YOU DECIDE.
SO CAN I GET A MOTION FOR RECONSIDERATION? AND THE CASE IS, UH, WHICH CASE AGAIN? IT WAS, IS IT ITEM NUMBER FIVE OR ITEM NUMBER FIVE? ITEM NUMBER FIVE.
I, I WOULD MOVE TO RECONSIDER.
UH, IS THIS A ROLL CALL VOTE OR IS THIS A, UM, VOICE VOTE? YOU CAN DO ROLL CALL.
OKAY, LET'S GO AND TAKE A ROLL CALL.
SO MOTION FOR, UH, RECONSIDERATION PASSES AT THIS TIME I THINK WE'LL, UH, I'LL MAKE THE MOTION FOR A CONTINUANCE OF THE CASE SO THAT THE
[03:25:01]
NEW INFORMATION COULD BE PRESENTED TO STAFF AND WE COULD REEVALUATE.'CAUSE OBVIOUSLY THERE WAS SOME WRONG INFORMATION THAT WAS PRESENTED.
AND JUST, JUST A REMINDER AS WE UNDERSTAND IT, JUST A REMINDER, THERE IS A PROCESS FOR THIS.
IF APPLICANT WANTS THE BOARD TO RECONSIDER IT, JUST LIKE WE'VE HAD A COUPLE TIMES, UM, THEY CAN STATE THE WHAT WAS MENTIONED INCORRECTLY AND THEN THE BOARD CAN DECIDE.
SO JUST A REMINDER THAT THERE IS AN AVENUE FOR THIS.
THAT, THAT WAS SHARED WITH HER PREVIOUSLY.
UM, THE NEXT AVAILABLE DATE FOR CONTINUANCE WOULD BE JUNE 2ND.
SO I NEED A MOTION FOR CONTINUANCE.
THAT'S TO CONTINUE TO WHAT DATE TO JUNE 2ND.
UH, ALL IN FAVOR AS THE ROLL CALL A VOICE VOTE OR YOU CAN VOICE.
SO WE'RE GOING TO PRESENT THE NEW INFORMATION TO THE STAFF AND THEN IT'LL BE RE READVERTISED AND THEN WE'LL BE BACK AGAIN ON JUNE THE SECOND.
BUT IS THERE GONNA BE ANOTHER FEE THEN FOR THAT? NO, THERE'D BE NO FEE, ADDITIONAL FEE FOR THAT.
UM, NO OTHER BUSINESS BEFORE THE BOARD? UH, NO OTHER BUSINESS OTHER THAN A POINT OF, UH, PERSONAL, UH, INFORMATION.
I ACCEPTED A PROMOTION TO THE TRANSPORTATION DEPARTMENT.
AND SO THIS IS MY SECOND TO THE LAST MEETING WITH YOU, YOU GUYS.
CAT CAT'S IN TRANSPORTATION, RIGHT? YES.
IT'S ALL, IT'S ALL MAKING SENSE NOW.
I KNOW WHY KA SAID SHE WAS GONNA GIVE YOU MY STUFF.
WE'RE GONNA ASK FOR A CONTINUANCE.
DECEMBER, IT'S GONNA BE KELLY
UNTIL SOMEBODY ELSE IS APPOINTED.
AND THEN WITH, UH, COUNCIL NEW, NEW APPOINTEES, IS THAT GONNA POTENTIALLY CHANGE THE COMPOSITION OF OUR BOARD? IT MAY.
THERE'S A COUPLE OF, OF DISTRICTS THAT ARE CHANGING.
THERE'S SOME THAT ARE GONNA HAVE RUNOFF, SO IT'LL BE A WHILE UNTIL ALL OF THAT HAPPENS.
SO EXCEPT YOURS TRULY STAYS FOR ANOTHER FOUR.
UM, UH, ITEM NUMBER FOUR, DID THEY EVER SHOW UP? WE, UH, CONTINUE THAT TO JUNE 2ND.
THE BOARD OF ADJUSTMENT CONVENES.