[00:00:01]
UH, HEREBY CALL THIS MEETING THE BOARD ADJUSTMENTS INTO SESSION.
YOU HAVE THE SPANISH INTERPRETER COME OUT PLEASE.
UH, STAND AND JOIN ME WITH THE PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG, THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD WITH LIBERTY AND JUSTICE FOR ALL.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE ONE AND INDIVISIBLE.
UH, CHAIR UNA WILL TAKE OVER NOW 'CAUSE IT HAS TO BE, HE NEEDS TO BE PRESENT.
BEFORE WE BEGIN, UM, WE ASK THAT IF YOU CAN SILENCE ALL CELL PHONES.
UM, THE BOARD OF ADJUSTMENTS WILL COME TO ORDER.
UH, STAFF, COULD YOU PLEASE CALL ROLL COMMISSIONER BARRINGTON? HERE.
COMMISSIONER BENAVIDES PRESENT.
[ Briefing and Possible Action on the following items ]
WE BEGIN WITH, UH, 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 MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE THE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, AND I ASK THE BOARD MEMBERS, SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME OF 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 WITH THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT DO NOT GET INVOLVED IN DISPUTES.
OUR LEGAL CLAIMS BETWEEN PARTIES SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN 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 AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.
ARTICLE ONE, SECTIONS 28 THROUGH FIVE.
IN ADDITION, WE HAVE THE POWERS TO HEAR CASES AND ANY OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER 2, 2 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS OR HER REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS 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 THE MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL VOTE.
VOTING BO VOTING BOARD MEMBERS, WHICH PRESENT OR NOT IS NINE VOTES THE BURDEN OF PROOF IN GRANTING THE RELEASE SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST MUST BE PRESENT, MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED.
APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL SPECIAL EXCEPTION OF VARIANCES ARE MADE TO THE DISTRICT COUNTY COURT AT LAW BASED ON THE RECOR RECORD OF THE, OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
STAFF WILL GIVE US A BRIEF PRESENTATION, INSTRUCTIONS ON SPEAKING FOR THE, FOR THE WITNESSES AND STAFF.
UH, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO
[00:05:01]
BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTIES.CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION AND QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OR SPECIAL EXEMPTION.
YOU'LL BE CALLED IN IN THE ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED AT MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM ON TIME LIMITATION.
FOR THOSE I WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALLOWED A MAXIMUM ON TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
DO WE HAVE A REPRESENTATIVE FOR EACH CASE HERE TODAY? DID DID WE WANNA CHECK ON THAT, MARCO? YEP.
UH, DONALD, DO YOU WANNA TAKE OVER FROM HERE OR I THINK NO, NO, NO, NO.
NO, YOU, YOU HAVE TO CONDUCT, YOU HAVE TO CONDUCT IT IN PRES BECAUSE YOU'RE PRESENT? YES.
UH, STEPH, CAN WE HEAR THE FIRST CASE PLEASE? GOOD AFTERNOON.
MY NAME IS JOSEPH LEOS, SENIOR SHORT-TERM RENTAL PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER ONE IS BO OA DASH 25 DASH 1 0 3 0 0 0 6 8.
THE ADDRESS IS 8 2 3 1 TITAN BELT IN COUNCIL DISTRICT FOUR.
THE APPLICANT IS A VERONICA VALERIO AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
UM, AND THE CURRENT ZONING IS R FOUR FOR RESIDENTIAL SINGLE FAMILY, AGAIN, THE SUBJECT PROPERTY IS LOCATED AT A 2 3 1 TITAN BELT.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
UM, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO ON THE BLOCK PHASE PER SECTION 35 DASH 37 4 0.0.
ONE OF THE CITY CODE TYPE TWO SHORT TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK PHASE.
SO THIS IS THE TYPE TWO DENSITY COUNT.
THE BLOCK PHASE EXTENDS FROM 8 2 0 3 TO 8 2 3 9 TITAN BELT.
UM, WITH THAT THERE ARE 10 UNITS ON THIS BLOCK.
PHASE ONE ACTIVE TYPE TWO IS CURRENTLY THERE AT 8 2 1 1 TITAN BELL AS INDICATED BY THE RED CHECKER.
UH, THE BLOCK FACE IS CURRENTLY AT 10% AND IF THIS ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WOULD BE AT 20%, WHICH EXCEEDS THAT 12.5% DENSITY.
UH, ON JAN, UH, FOR INVESTIGATIONS ON JANUARY 7TH, 2025, UH, A CODE INVESTIGATION WAS OPENED FOR OPERATING WITHOUT A SHORT-TERM RENTAL PERMIT.
A NOTICE, A NOTICE OF VIOLATION WAS ISSUED.
UM, THE CURRENT STATUS IS PENDING RESOLUTION AS THE OWNER SUBMITTED AN APPLICATION FOR A SHORT-TERM RENTAL.
UM, AND THIS IS ONE OF THE ACTIVE LISTINGS.
UM, HOWEVER, AS OF THIS MORNING, UM, THE LISTING IS STILL ON THE BOOKING.COM WEBSITE.
HOWEVER, YOU CANNOT, UH, BOOK IT FOR LESS THAN 30 DAYS.
UH, AND THIS IS THE SUBJECT PROPERTY.
AND THEN THE NEXT COUPLE OF SLIDES ARE THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTIONS, STAFF RECOMMENDS A DENIAL AND THIS IS THE NOTIFICATION PLAN.
UH, WE RECEIVE ZERO IN FAVOR, ZERO IN OPPOSITION.
UM, THE SUBJECT PROPERTY IS NOT WITHIN THE BOUNDARY OF A REGISTERED NEIGHBORHOOD ASSOCIATION.
UM, HOWEVER, SOLANA RIDGE, HOA IS IN OPPOSITION.
UM, BUT THEY'RE NOT, NOT REGISTERED WITH COMMUNITY AND ENGAGEMENT.
UM, AND THEN THE THREE CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
LET'S SEE IF WE HAVE ANY QUESTIONS FROM THE BOARD.
ANY MEMBERS OF STAFF? I HAVE, I HAVE A QUESTION FOR STAFF.
UM, REGARDING THE UNIT AT 82 11, IS THAT ACTIVELY, UM, LEASED? HAVE WE, UH, DO YOU KNOW IF THEY'RE COLLECTING HOT TAXES FROM THE, THE PROPERTY THAT IS ON THE EXISTING SHORT TERM RENTAL LICENSE? SO THE UNIT AT 82 11 TITAN BELL, THE ACTIVE TYPE TWO, UM, THEY HAVE BEEN, YOU KNOW, UM, REPORTING THE HOT TAXES AND THEY ARE, UM, MISSING THE MONTH OF MARCH, UM, CURRENTLY.
SO WHAT IS AN ACTIVE, UH, LISTING? OKAY.
ANY OTHER MS. BEN? I HAVE A CITY FIRST.
I HAVE A QUESTION FOR CITY STAFF.
UM, SO THEY WERE, UM, IT CAME TO THE CITY'S ATTENTION JANUARY.
DO WE KNOW HOW LONG THEY'VE BEEN OPERATING WITHOUT PAYING HOT TAX?
[00:10:01]
UM, GIMME A MINUTE.I CAN LOOK FOR REAL QUICK FOR THAT.
WE CAN KEEP LOOKING IF THERE ARE MORE QUESTIONS.
LET ANY OTHER QUESTIONS FOR, UH, STAFF AT THIS POINT? IF NOT, WHILE THAT, I'M SORRY, IS IT, IS THE, UH, IS, IS THAT A NEIGHBORHOOD ASSOCIATION OR HOMEOWNER'S ASSOCIATION THAT THAT'S AN OPPOSITION? IT IS A HOMEOWNER'S ASSOCIATION.
AND WHEN THEY, WHEN THEY SUBMITTED THEIR OPPOSITION, DID THEY IMPLY THAT THEY HAD A, A PUBLIC MEETING TO DISCUSS THE ISSUE? I CAN PULL UP THE PUBLIC COMMENT THAT WAS RECEIVED FROM THEM.
UM, I, I DON'T BELIEVE SO, BUT LET ME DOUBLE CHECK.
ANY OTHER QUESTIONS AGAIN, WHILE STAFF IS RESEARCHING THOSE TWO ITEMS, UH, MR. CHAIR ASKING MS. MENEZ TO ANSWER YOUR QUESTION, THE LISTING WAS FIRST BOUND IN AU IN AUGUST OF 2024.
SO SINCE THAT'S AS LONG AS WE KNOW, THEY'VE BEEN AT LEAST LISTING ONLINE.
ALRIGHT, MS. BEEZ, WAS THAT HELPFUL OR? YEAH.
OKAY, WELL, WELL, STAFF IS LOOKING UP THE OTHER QUESTION.
IF THE APPLICANT, IF YOU CAN PLEASE COME FORWARD AND, UH, LET'S HEAR YOUR CASE.
I AM THE OWNER, UM, OF 8 2 3 1 TITAN BE ALONG WITH MY HUSBAND.
WE OBTAINED THE HOME LATE LAST YEAR, SHORTLY AFTER WE RETIRED FROM THE MILITARY.
UH, IT WAS MAINLY JUST TO KEEP OURSELVES INVOLVED IN THE COMMUNITY.
UM, PLEASE, YOU CAN MOVE THE MIC CLOSER TO YOU.
CAN YOU HEAR ME? UM, LIKE I SAID BEFORE, WE OBTAINED THE PROPERTY SHORTLY AFTER WE RETIRE, UM, LATE LAST YEAR.
AND THE PURPOSE WAS TO MAINLY KEEP OURSELVES INVOLVED SOMEHOW IN THE MILITARY COMMUNITY AND WE FOUND WHAT BETTER WAY TO CATER TO THE FAMILIES OF THE BASIC MILITARY TRAINEE THAT KEEP GRADUATING IN THE AREA.
SO THAT WAS THE MAIN GOAL OF OBTAINING THIS, UH, PROPERTY.
UM, LAST YEAR WE DID START OPERATING, LIKE WAS STATED EARLIER IN UH, UH, AUGUST, LATE AUGUST.
UM, AS WE WERE OPERATING, WE WERE LEARNING OF LEARNING ABOUT ALL OF THE DIFFERENT, UM, LAWS AND REGULATIONS THAT CAME ALONG WITH IT BECAUSE IT WAS A NEW COMMUNITY NEW DEVELOPMENT INLAND RIDGE.
WE DIDN'T HAVE ALL OF THE DETAILS AS FAR AS THE ZONING, UH, AND WHATNOT.
AND IT WAS BROUGHT TO MY ATTENTION AS WELL TODAY, UM, BY MR. LEOS REGARDING THE HOA, WHICH, UM, WE WERE NOT AWARE EITHER BECAUSE WHEN WE FIRST, UH, SIGNED THE CLOSING DOCUMENTS, SO WE DID GET A CONVENTIONAL LOAN, WHICH WAS FOR BUSINESS PURPOSES AND WE HAD THAT CLAUSE IN THERE.
SO I'M NOT QUITE SURE WHAT THE HOA RULES OR REGULATION CAME UP WITH THAT AFTER THE FACT.
SO I DON'T HAVE ANY DETAILS ON THAT AND I HAVE NOT CONTACTED THE HOA REGARDING THAT EITHER.
UM, SINCE WE STARTED, WE HAVEN'T HAD ANY COMPLAINTS, UM, FROM ANY OF THE NEIGHBORS, FROM ANYONE INCLUDING THE HOA.
UM, AND LIKE I SAID, WE DO CATER TO UM, MAINLY MILITARY FAMILIES.
WE, SOME OF THE RULES, REGULATIONS WITHIN THE RENTAL PROPERTIES, NO PARTIES AND NO PETS ALLOWED JUST TO KEEP THAT NOISE LEVEL DOWN.
UM, OBVIOUSLY WITH THE EXCEPTION OF SERVICE ANIMALS PER LAW.
UM, BUT SINCE THEN, LIKE I SAID, WE'VE BEEN GOING, WHEN WE GOT NOTIFIED REGARDING THE NEED FOR THE UM, PERMIT, WE WENT AHEAD AND SUSPENDED AND APPLIED FOR THE PERMIT, UM, INITIALLY, WHICH I BELIEVE WAS AROUND THE SAME TIME THE SECOND PROPERTY WAS GOING UP.
SO I THINK THEY BEAT ME TO THE PUNCH THERE AND I BELIEVE THAT'S THE REASON WHY MINE GOT DENIED THE FIRST GO AROUND FOR THE TYPE TWO, UM, WHICH IS HERE I AM ON MY SECOND ATTEMPT TIME TO FIGURE OUT IF I CAN GET A SECOND PERMIT TO KEEP OPERATING.
ANY QUESTIONS? ALRIGHT, SEE ANY QUESTIONS MR. MADAM? SO, UM, DO YOU HAVE MORE THAN ONE SHORT-TERM RENTAL PROPERTY? NO, SIR.
THIS IS, AGAIN, THIS IS MAINLY TO KEEP MYSELF BUSY AND MY HUSBAND BECAUSE
[00:15:01]
LIKE I SAID, WE JUST LITERALLY RETIRED FROM THE MILITARY THIS PAST YEAR AND I HAVEN'T GOTTEN A JOB JUST YET.IF YOU'RE HIRING, LET ME KNOW.
UH, BUT MAINLY IT'S BECAUSE I DO HAVE TO DISCLOSE MY, UM, DISABLED VETERAN STATUS AND IT, IT'S A LITTLE BIT OF A HASSLE TO GET A JOB.
UH, STAFF, COULD YOU TELL US THE DATE THAT THAT, UH, 82 11 SHORT TERM RENTAL APPLICATION WAS APPROVED? UM, MR. CHAIR, THE A TWO 11 WAS APPROVED ON SEPTEMBER 30TH, 2024.
MADAM, MADAM, SO HAVE YOU ATTEMPTED TO DO ANY LONGER TERM RENTALS? 30 DAYS IS PERMITTED, YOU KNOW, ON A PROPERTY AND THEN, YOU KNOW, CERTAINLY, UM, LONGER TERM IS, IS CERTAINLY PERMITTED AS WELL.
SO HAVE YOU ATTEMPTED TO DO THAT AT ALL AT THIS PROPERTY? YES SIR.
WE ACTUALLY HAVE PO LIKE I SAID, WHEN WE PULLED IT, WE POSTED IT FOR 30 DAYS INSTEAD.
UM, IT IS A, A LITTLE BIT LESS OF A DEMAND FOR THAT AND WE KEEP ON GETTING MESSAGES FROM, AGAIN, MILITARY FAMILY TRYING TO RENT IT ON A SHORTER TERM BECAUSE THEY, WHEN THEY GO AND DECIDE THEY GET THE CLOTHES THAT THEY CAN'T RENT IT FOR WHATEVER PERIOD OF TIME.
UM, BUT YES, IT, WE HAVE TRIED.
ANY OTHER QUESTIONS FOR THE APPLICANT STAFF? DO WE HAVE ANY, UH, VOICEMAIL OR ANY OTHER PUBLIC COMMENT TO BE, UH, READ INTO THE RECORD? NO PUBLIC COMMENT.
AND MR. CHAIR, TO ANSWER YOUR QUESTION FROM EARLIER REGARDING WHETHER OR NOT THE HOA HAD MET, UM, THE MESS THE PUBLIC COMMENT RECEIVED, UM, ONLY INDICATES, UM, IT FROM A REPRESENTATIVE OF THE HOA UM, SO I WOULDN'T BE ABLE TO VERIFY IF, IF HE MET.
SO IT'S JUST A REPRESENTATIVE OF THE HOA SO IT DOESN'T SAY DEFINITIVELY THAT THERE.
UM, I CAN DISPLAY THE YEAH, PLEASE.
BUT, UM, YEAH, SO QUESTION CITY STAFF.
SO, SO IN THIS NOTE HERE, IT TALKS ABOUT BASICALLY THEM NOT PERMITTING IT WITHIN THEIR HOA AND I BELIEVE THAT'S NOT PERMITABLE PERMITS PERMISSIVE IN AN HOA THAT THEY CAN'T STATE THAT WITH REGARDS TO, UM, THE SHORT TERM RENTAL.
IS THAT CORRECT? WE DON'T, UH, WELL AN HO A'S, UH, DECLARATIONS CAN RESTRICT A SHORT-TERM RENTAL, BUT IT HAS TO BE IN THEIR DECLARATIONS.
IF THEY'RE SAYING THAT THAT IT IS IN THEIR DECLARATION, THEN THEY'RE NOT, THEY SHOULDN'T BE ALLOWED TO HAVE ONE, BUT NEITHER SHOULD THE OTHER ONE.
AND MR. CHAIR, UH, THE CITY OF SAN ANTONIO DOESN'T GET INTO HOA RESTRICTIONS OR DEED RESTRICTIONS.
UH, RE SO WE'RE NOT IN THE BUSINESS OF ENFORCEMENT.
I WAS JUST TRYING TO UNDERSTAND STATE LAW.
'CAUSE I THOUGHT THAT'S KIND OF WHERE SOMEONE WAS DRIVEN BY AND I THOUGHT STATE LAW, YOU KNOW, THERE LIMITATIONS ON WHAT YOU CAN RESTRICT AND I THOUGHT THIS WAS ONE OF THE THINGS THAT WAS LIMITED WITH REGARDS TO RESTRICTIONS.
UM, YOU KNOW, AND, AND SO UNDERSTAND THAT THEY CAN STATE THAT, BUT JUST WANTED TO, NOT FROM THE CITY'S PERSPECTIVE.
I GUESS THE LINE OF QUESTION GOES WHETHER THE HOMEOWNER'S ASSOCIATION WOULD ALLOW YOU EVEN TO DO A SHORT TERM RENTAL ASIDE FROM THE CITY.
'CAUSE THAT WOULD BE A PRIVATE CONTRACT BETWEEN THE HOA AND YOU.
SO EVEN IF THE BOARD WERE TO PERMIT THE SHORT TERM RENTAL, THE HOMEOWNER ASSOCIATION MAY NOT ALLOW IT AND THEY CAN BRING ACTION AGAINST YOU TO NOT OPERATE YOUR HOMEOWNER ASSOCIATION, UH, OPERATE YOUR SHORT TERM RENTAL.
AND THAT'S WHAT WE'RE DISCUSSING AMONGST THE BOARD RIGHT NOW.
SO YOU MIGHT HAVE, THERE MIGHT BE TWO LEVELS OF CHALLENGES FOR YOU.
AND THAT, AND THE PERMITTED ONE MAY BE RUNNING A FOUL OF THE, OF THE HOA REQUIREMENTS.
THAT'S THE WORD TRACKING, DECIDING OR DISCUSSING RIGHT NOW.
HEARING NO OTHER PUBLIC COMMENTS, THIS IS BULLY.
GUESS I HAVE ONE QUESTION FOR THE APPLICANT.
JOSEPH HARNEY, CITY ATTORNEY'S OFFICE.
AS DISCUSSED, UM, THE HOA MATTER IS NOT BEFORE THE BOARD.
AND SO, UH, THAT IT WOULD BE SOMETHING THAT THE APPLICANT WOULD HAVE TO, UM, DO ON, ON HER OWN, UH, WITH THE HOA.
SO WE JUST WANNA MAKE SURE THAT THAT'S CLEAR AS NOT A FACTOR FOR CONSIDERATION BY THE BOARD.
MR. EZ, WHAT ESTIMATE DO YOU HAVE? UM, I GUESS THE PERCENTAGE OF MILITARY FAMILIES THAT DO STAY THERE? IS IT 90%? IS IT THE MAJORITY? OH, YES SIR.
IT IS ABOUT ANYWHERE BETWEEN 90 TO 98%.
IT'S A, A VERY SHORT AMOUNT OF, OF PEOPLE THAT RENT IN THE AREA THAT ARE NOT COMING FOR
[00:20:01]
THE ACTUAL GRADUATIONS.AND MOST OF THIS IS FOR THE GRADUATIONS? YES.
AND THE FAMILIES OF MILITARY BECAUSE IT, IT IS WITHIN ABOUT A 3.7, ALMOST FOUR MILE RADIUS TO THE ACTUAL GATE, TO THE BASE.
ANY OTHER QUESTIONS FOR THE APPLICANT? I HAVE A QUESTION FOR THE, FOR THE CITY.
UM, IS, UH, MS UH, VALERIO, IS SHE CAUGHT UP WITH THE PAST DUE OR ARE WE WAITING FOR THIS TO, WITH ANY PAST DUE HOT TAX, UM, MS. CHAIR, WE DON'T HAVE ANY RECORD OF A HOT TAXPAYER ID IN OUR SYSTEM.
SO WE HAVE TO GET WITH FINANCED ALL THAT PROCESS TO REPORT BACK TAXES.
SO ON THAT LINE OF QUESTIONING, IF THE SHORT TERM RENTAL VAR VARIANCE WERE TO BE APPROVED TODAY, SHE WOULD HAVE TO MAKE UP FOR THE BACK TAXES IN ORDER FOR THE PERMIT TO BE, UM, APPRO, UH, LEGITIMATE OR APPROVED OR WHAT WOULD THE STATUS BE? ON THE HOT TAXES? WE WOULD CONFIRM THAT, UM, THROUGH THE APPLICATION PROCESS TO ENSURE THAT SHE IS COMPLIANT.
AND, UM, IF AT SOME POINT IN THE FUTURE IF SHE IS NOT COMPLIANT, UH, WE DO HAVE THE ABILITY TO REVOKE HER PERMIT.
TRACKING, SO JUST BEING CURRENT ON THE TAXES FOR THE TIME THAT YOU DO, DID RENT IT WITHOUT A PERMIT? YES SIR.
ALRIGHT, NO OTHER QUESTIONS AT THIS TIME, I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION BEDA MS. BENAVIDEZ, REGARDING CASE NUMBER BO A TWO FIVE DASH 0 3 6 8.
I MOVE THAT THE BOARD OF OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT TERM RENTAL SITUATED AT 82 31 TITAN BELT APPLICANT BEING VERONICA VALERIO 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 UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE, 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 REASON TO BELIEVE PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT IS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY AND MULTIFAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTY AS A TYPE TWO SHORT TERM RENTAL.
D ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE NOT BEEN OR ARE BEING PROVIDED HAVE BEEN OR ARE BEING PROVIDED THE SUBJECT PROPERLY.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CODE OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS 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 SPECIAL EXCEPTION WILL NOT APPEAR, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWN OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SUBJECT EXCEPTION, I'M SORRY, THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND A MOTION.
SECOND, MR. MANNA? MS. BEVIS, I'M GONNA SUPPORT, UM, THIS, UM, OFF, SORRY, ONLY, UH, BECAUSE I FEEL THAT THERE'S A NEED FOR, UM, THIS TYPE OF, UH, SHORT-TERM RENTAL, UM, 'CAUSE IT'S SO CLOSE TO THE BASE.
UM, I AM GONNA BE, UH, UH, NOT IN AGREEMENT HERE WITH, WITH MS. BEDA.
UM, SO, SO, YOU KNOW, WE DID PUT IN ORDINANCES WITH REGARDS TO, YOU KNOW, THE NUMBER OF SHORT-TERM RENTALS, YOU KNOW, ON A BLOCK FACE.
[00:25:01]
UM, I DIDN'T HEAR ANY COMPOUNDING REASONS THAT DROVE, YOU KNOW, WHY THIS WAS REQUIRED IN THIS AREA AND OR FOR THIS HOME.AND I THINK THAT THE SHORT TERM OR LONGER TERM RENTALS IS CERTAINLY A VIABLE OPTION.
SO BECAUSE THAT I I CAN'T SUPPORT THIS.
I'M GONNA, I'M GONNA JUST PROVIDE SOME COMMENT.
I'M, I THINK THAT, WELL THE APPLICANT, WHEN SHE LEARNED THAT SHE NEEDED THE, UH, PERMIT DID APPLY FOR THE PERMIT WHEN THERE WERE NO OTHER SHORT-TERM RENTAL PER, UH, PERMITS ON THIS BLOCK FACE.
AND THEN DURING THAT PROCESS, THE 82 11 PERMIT WAS, UH, SUBMITTED.
SO I THINK THERE MIGHT HAVE BEEN A LITTLE TIMING ISSUE.
THAT WAS MY UNDERSTANDING OF HOW THAT WENT DOWN.
SO IT WASN'T HER INTENTION IN PER SE, BUT I'M GONNA BE SUPPORTING THE MOTION AS READ BON UH, I'M GONNA ALSO BE IN SUPPORT OF IT JUST 'CAUSE IT, IT'S SERVING MILITARY FAMILIES.
UM, AND THEN IF WE APPROVE IT, SHE'S STILL GONNA, HAS ALSO HAVE TO DEAL WITH THE HOA.
SO I DON'T WANNA MAKE THINGS, UH, MORE DIFFICULT THAN THEY ALREADY ARE FOR HER.
SO I'LL BE IN, I'LL BE IN SUPPORT.
ANY OTHER COMMENTS FROM THE BOARD? THERE ARE NONE.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? NO, I DO NOT.
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 VASQUEZ? I CONCUR.
CHAIR OONA? I CONCUR, BUT UN UNFORTUNATELY IT WAS SEVEN.
UH, FOR THE MOTION, THE MOTION DOES NOT PASS.
PLEASE GET WITH STAFF AND THEY CAN EXPLAIN YOUR OPTIONS HERE.
I DON'T KNOW IF IT WAS NOTED DURING THE MEETING, BUT AT THE BEGINNING OF THE MEETING.
BUT ITEMS NUMBER THREE AND NUMBER FOUR ARE POSTPONED TODAY.
DO WE NEED TO MAKE A MOTION? ANY MOTION HERE? NO, NO, NO.
AND SO THEN THAT MEANS THE NEXT ITEM ON THE AGENDA FOR CONSIDERATION IS ITEM NUMBER FIVE.
MY NAME IS JOEL PALUS, SONA PLANNER WITH THE BO OA TEAM.
I'LL BE PRESENTING CASE BO OA DASH 25 DASH 1 0 3 0 0 0 6 6 6 6.
THE ADDRESS IS 45 18 NEWCOMB DRIVE.
CONS DISTRICT SEVEN, THE APPLICANT IS BEATRICE RAMIREZ REQUESTING ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK SIDE SETBACK TO ALLOW A CARPORT WITH A ONE INCH SIDE SETBACK AND TWO, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A ONE INCH FRONT SETBACK.
THE SUBJECT PROPERTY IS LOCATED SOUTH OF BABCOCK ROAD AND EAST OF CALLAHAN ROAD.
ON APRIL 9TH, 2025, COURT ENFORCEMENT RESPONDED TO A CITIZEN CALL FOR A DETACHED CARPORT CONSTRUCTED WITHOUT A PERMIT.
FURTHER INVESTIGATION DETERMINED THAT THE CARPORT DID NOT MEET FRONT AND SIDE SETBACK REQUIREMENTS THE CARPORT TO ACCOMMODATE FOUR VEHICLES.
AND THIS IS THE SIDE PLAN, AN AERIAL VIEW OF THE SUBJECT PROPERTY AND SOME HISTORICAL VIEWS.
PROPERTY AS IS WITH THE ALREADY CONSTRUCTED CARPORT.
[00:30:01]
AND THIS IS A SURROUNDING AREA.STAFF RECOMMENDATION FOR THE SITE ON FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL IN BO OA DASH TWO FIVE DASH 0 3 0 0 0 6 6 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE.
AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
18 NOTICES WERE MAILED OUT, THREE WERE IN FAVOR AND TWO IN OPPOSITION.
WELL, THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE PROPERTY.
AND THESE ARE THE SUPPORTING COMMENTS AND THE OPPOSITION.
THIS CONCLUDES OUR PRESENTATION.
LET'S SEE IF WE HAVE, IF WE HAVE ANY QUESTIONS FROM THE BOARD.
SO ON THE SKETCH, UH, FOR THE CARPORT, IT'S SHOWING ITEM ONE THAT IT'S THREE INCHES FROM THE FRONT.
IS IT THREE INCHES OR ONE INCH? UH, IT'S ONE INCH WITH THE OVERHANG.
ANY QUESTIONS FOR STAFF? HEARING NONE, I ASK THE APPLICANT TO PLEASE COME FORWARD AND, UH, LET'S HEAR THE CASE.
UH, HELLO? CAN YOU HEAR ME OKAY? RAISE? SO STRAIGHT, STRAIGHT MIC.
OKAY, UH, MY NAME IS JOHN SAXTON.
I'LL, UH, BE SPEAKING FOR MY MOTHER HERE.
SO, UM, I GUESS THE FIRST THING I'D LIKE TO BRING UP IS, UM, WE RECEIVE OUR RECEIPT FOR THE CARPORT WORK WAS COMPLETED MARCH 29TH.
UM, IT WAS STATED THAT NO CHANGES OR REMAKES COULD BE DONE ONCE THE JOB WAS COMPLETED.
UM, SO WE COMPLETED WORK MARCH 29TH AND ONLY ON, UM, APRIL THE NINTH WHERE WE NOTIFIED THAT TO STOP WORK.
SO IT WASN'T A WARNING OR ANYTHING, IT WAS JUST STOP WORK AFTER IT HAD ALREADY BEEN COMPLETED.
SO WE WERE ALREADY DONE WHEN WE RECEIVED NO NOTICE.
UM, WE DIDN'T KNOW WE NEEDED A PERMIT.
UM, SO WE WERE INFORMED A LITTLE TOO LATE.
UM, BUT AFTER WE WERE INFORMED, WE PAID OUR PERMITS.
LET'S SEE HERE, UH, APRIL 10TH.
SO IMMEDIATELY AFTER RECEIVING THE WARNING, WE PAID OUR PERMIT.
UM, AFTER THAT, UM, WE WERE TOLD TO GET LETTERS FROM OUR NEIGHBORS, WHICH WE DID.
UM, WE HAVE THE PHYSICAL LETTERS HERE IF YOU'D LIKE TO READ THEM FOR LOOK AT THEM.
UM, FROM OUR IMMEDIATE NEIGHBORS TO THE LEFT, RIGHT AND IN THE FRONT.
ALL OF THEM SAID THEY WERE FINE WITH OUR CARPORT.
UM, AND THE REASON WE GOT IT IS BECAUSE, UM, WE, ONE OF THE VEHICLES, THE RED VEHICLE WE HAVE THERE, UM, HAS BEEN DAMAGED BY THE SUN.
UM, YOU KNOW, BUNCH OF ISSUES THERE.
UH, SO WE FELT LIKE WE NEEDED A CARPORT.
SO WE, BILL GOT, WE BUILT IT, WE BUILT IT, PAID FOR IT.
IT PERFECTLY FITS OUR FOUR VEHICLES.
SO WE DON'T NEED ANY MORE, ANY LESS.
AND, UM, AS IS, UH, WE WOULD HAVE TO PAY TO RELOCATE IT OR REMOVE IT SINCE THERE IS NO REFUNDS OR ANY CHANGES THAT THE COMPANY WE WORKED WITH WAS WILLING TO MAKE.
SO WE'RE ASKING TODAY, UM, FOR PERMISSION TO KEEP IT ESSENTIALLY.
LET'S SEE IF WE HAVE ANY QUESTIONS.
SO, UM, SO YOU HAVE A RECEIPT FROM A VENDOR, WHAT WAS THE NAME OF THAT VENDOR? UH, ROLANDO'S GENERAL WORK.
WE HAVE THE RECEIPT HERE IF YOU'D LIKE TO SEE IT.
WE'LL GET A COPY OF THAT FOR THE RECORD.
YEAH, SO IF YOU HAND THEM A COPY, UM, SO, SO THEY'LL PUT IT ON THE RECORD, UM, AND TAKE A PHOTO OF IT.
AND SO, YOU KNOW, AS A NOTE, YOU KNOW, I GUESS IF I HAD A CONTRACTOR BUILDING SOMETHING THAT'S NOT PERMITTED, YOU KNOW, THERE
[00:35:01]
MAY BE RECOURSE THERE JUST AS A DIALOGUE THAT, YOU KNOW, FOR YOU TO THINK ABOUT.UM, SO THE, UM, SECOND QUESTION IS, UH, YOU SAID THAT YOU HAVE UH, I GUESS A LETTER FROM BOTH, BOTH NEIGHBORS ON BOTH SIDES CURRENTLY.
THE, THE SHEET THAT WE HAVE HERE ONLY SHOWS ONE NEIGHBOR.
DO YOU HAVE THE LETTER THERE? THEY COULD ALSO, WE HAVE ALL LETTERS.
CAN YOU SHOW THEM AT LEAST A LETTER FOR 45 14? 'CAUSE I GUESS THAT WASN'T IN THE, IN THE MIX THERE.
WHICH IS THAT? THIS ONE? UM, DO YOU KNOW WHICH, HOW DID THEY PUT, THEY DIDN'T PUT THEIR ADDRESS ON IT, BUT OH, BUT THIS IS THE NEXT DOOR.
SO I GUESS IF THEY HAS THE NAME ON IT AND IS THERE IT IS THEIR, THEIR LETTER 22 AND 40.
SO IT HAS TO BE THIS DEDO, MARGARET DEDO.
OH, SHE PUT THE CASE NUMBER HERE CASE.
YEAH, WE'RE JUST, AND THEN TRYING TO GET CONFIRMED THAT BOTH NEIGHBORS.
AND THAT WAY IT COULD BE PART OF THE RECORD AS WELL.
UM, SO, SO AS A SHOW THERE AND SO, SO THE CITY CAN CONFIRM THAT WITH REGARDS TO THE ADDRESS.
UM, AND THEN, UM, FINAL QUESTION HERE IS, SO ONE OF THE THINGS THAT WE LOOK AT, YOU KNOW, WHEN IT IS A, YOU KNOW, WE SEE PEOPLE BUILDING STRUCTURES THAT ARE VERY CLOSE TO PROPERTY LINES IS, IS WE DON'T WANT ANY ADVERSE EFFECTS HAPPENING TO YOUR A BUDDY NEIGHBOR.
AND SO WITH THIS BEING SO CLOSE, IT DOESN'T LOOK LIKE THERE'S GUTTERS ON THE STRUCTURE ITSELF.
AND SO ESSENTIALLY ANY WATER THAT COMES RUNNING OFF IS GOING TO FLOW DIRECTLY INTO YOUR NEIGHBOR'S YARD.
YEAH, WE WERE, UM, PLANNING TO ACTUALLY GET GUTTERS IF THIS WAS APPROVED.
SO WE WERE GONNA, THAT WASN'T THE PLANS IN THE FUTURE.
THIS IS THE, THIS IS THE LETTER FROM THE NEXT DOOR, UM, NEXT TO THE GUTTERS.
THIS IS, OKAY, SO WE, WE CAN'T, SHE SAID IT'S NOT, UH, WE CAN'T CONDITION THE, THE, YOUR APPLICATION HERE.
SO YOU WOULD HAVE TO AMEND IT TO SAY THAT YOU WOULD INCLUDE GUTTERS YEAH.
AS PART OF YOUR APPLICATION HERE TODAY.
SO IF, IF YOU COULD JUST STATE THAT YOU'RE GONNA ADD GUTTERS.
WE JUST WANTED TO DO THIS FIRST.
STEVENS STEVENS, UH, JUST A CLARIFICATION FROM CITY STAFF THAT THE OVERHANGS ONE INCH FROM THE PROPERTY LINE CURRENTLY.
SO, YOU KNOW, I DON'T KNOW HOW YOU'D PUT GUTTERS ON WITHOUT HAVING TO CUT BACK.
THEY TOLD US THAT ON THE TOP, ON THE TOP OF THE, TO THE, MA'AM, IF YOU'RE GONNA SPEAK, YOU NEED TO SPEAK INTO THE MICROPHONE BECAUSE IT WE'RE STREAMING THIS LIVE FOR THE PUBLIC.
AND PLEASE STATE YOUR NAME FOR THE RECORD.
UM, UH, WHAT I WAS SAYING IS THAT, UM, NAME, OH, I'M SORRY, I'M BEATRIZ RAMIREZ, PROPERTY OF 45 18 UCOM DRIVE.
UM, UH, THE ERS, UM, WHEN I CALLED TO THE COMPANY TO GET, UH, INFORMATION ABOUT THE GUTTERS, UM, THEY SAID THAT THEY CAN PUT IT ON THE TAP TO THE, ON THE SIDES, YOU KNOW, TO, WITH THE, WHERE THE ROOF IS, UM, ON THE, ON THE CARPORTS.
UM, BUT ACTUALLY WHEN IT RAINS, THE WATER COMES LIKE, UM, EVENTUALLY COMES TO, BECAUSE THE, HOW DO I SAY THAT? IT GOES LIKE, IT'S LIKE ON THE HILL.
THE, THE, UH, HOUSE, MY NEIGHBOR'S HOUSE IS LIKE HILL.
NOTHING GOES TO THE NEXT DOOR HOUSE.
AND I, AND THAT'S THE REASON WHY MY NEIGHBOR TOLD ME I CAN WRITE YOU A LETTER BECAUSE IT'S UH, ME IS NO WATER COMES OVER HERE.
UM, THE STRUCTURE, IF YOU, IF YOU SEE THE PICTURES, MY HOUSE IS LIKE, LIKE THIS INCLINE.
AND THE, UM, SIGNS, I HAVE PICTURES OF THE OTHER PROPERTY AND YOU COME WITH A CARPORT THE SAME SIZE AS MY SIZE.
UM, I THOUGHT THAT I CAN PUT A CARPORT BECAUSE I WAS SAVING MONEY FOR, UH, OVER A YEAR TO GET THIS CARPORT THAT WE REALLY NEEDED.
AND SO SIGNS, I, WE DON'T HAVE HOAI DIDN'T KNOW THAT I NEED A PER A PER A PERM.
AND WHEN I CONTRACT THIS COMPANY, THEY DIDN'T TELL ME ANYTHING.
SO I, UM, THAT'S THE REASON I DIDN'T, I DIDN'T GET A PERM BECAUSE I DIDN'T, I DIDN'T KNOW.
AND I HAVE PICTURES OF OTHER PROPERTIES AND NEW CONTRACT WITH THE SAME, LIKE I SAID, THE SAME AMOUNT.
SO I DO APOLOGIZE AND MY, YOU KNOW, UM,
[00:40:01]
SPANISH IS MY PRIMARY LANGUAGE.ENGLISH IS, SO I ASK MY SON TO HELP ME.
ALRIGHT, THANK YOU MR. STEVENS, DOES THAT HELP WITH YOU? YEAH, I, I WAS REALLY JUST WANTED TO POINT OUT TO TO Y'ALL THAT WHEN PEOPLE UP HERE ARE TALKING ABOUT ADDING GUTTERS, UM, YOU'D BE OVER YOUR PROPERTY LINE.
SO IT'S REALLY AN IMPLICATION OF MOVING THIS WHOLE STRUCTURE.
AND I JUST WANNA MAKE SURE THAT YOU ALL UNDERSTAND WHAT IS BEING TALKED ABOUT UP HERE.
YEAH, SO ONE, ONE THING I DO NOTICE, UH, TWO POINTS.
SO YEAH, THE, THE NEIGHBORING PROPERTY DOES DRAIN TOWARDS, UH, THIS APPLICANT'S SITE.
THERE IS A RETAINING WALL WITH SOME EXPOSURE.
SO ALL THE WATER'S GONNA RUN DOWN THAT SIDE WHETHER IT FALLS THERE OR NOT.
AND SO THAT THE, THE, EVEN THOUGH NORMALLY I WOULD WANT WOULD LIKE TO SEE GUTTERS, IT, THIS PARTICULAR ONE DOESN'T BOTHER ME.
BUT MY QUESTION FOR THE APPLICANT IS HOW COME, HOW COME THERE'S, THERE'S A SIDEWALK IN FRONT OF YOUR HOME, BUT, AND, AND A FEW HOMES ON EITHER SIDE, BUT THEN IT STOPS? UH, WE'RE NOT QUITE SURE ABOUT THAT
UH, WHEN YOU HAVE A CARPORT TOO CLOSE IN THE FRONT, BUT THE SIDEWALK IS ON THE OTHER SIDE OF THE STREET.
ON YOUR SIDE OF THE STREET, IT'S ONLY FOR LIKE SIX HOUSES.
IT'S BEEN LIKE THAT AS FAR AS WE CAN REMEMBER.
I HAVE ONE QUESTION FOR STAFF IN A MINUTE.
MY, MY QUESTION IS STAFF, UM, IF, IF WE WERE TO APPROVE THE VARIANCE TODAY, UH, THE STRUCTURE WOULD STILL HAVE TO MEET ALL BUILDING CODES, RIGHT? SO THEY STILL WOULD HAVE TO GO THROUGH THE PERMITTING PROCESS, WHICH THEY STARTED THE PROCESS, THAT PROCESS ALREADY.
INCLUDING ANY POTENTIAL FIRE CODE OR WHAT HAVE YOU.
AND WHEN AND WHEN THE APPLICANT SAID THEY STARTED THEIR PERMIT PROCESS, THEY STARTED BUT THEY DIDN'T REALLY APPLY FOR IT YET 'CAUSE THEY HAD THESE SETBACK ISSUES.
SO CURRENTLY WHAT HE WAS TALKING ABOUT WAS THE BOA APPLICATION.
IF THIS GETS APPROVED, THEN HE'LL ACTUALLY APPLY FOR THE ACTUAL PERMIT.
SO, UM, SO I I GOOGLE DROVE DOWN THAT STREET AND I DO SEE, UM, LIKE WAS INDICATED BY THE APPLICANT HERE SEVERAL HOMES WITH CARPORTS.
HOWEVER, ALL OF THEM ARE MUCH SHORTER WITH REGARDS TO THE DEPTH AND SO, SO THEY, THEY LOOK LIKE THEY MEET THE REQUIREMENT TO BE SO FAR FROM THE STREET, WHICH IS ONE REQUIREMENTS, AND THEN ALL OF THEM LOOK LIKE THEY ARE ABIDING BY THE SETBACKS ON THE SIDE.
AND SO THIS ONE LOOKS A LITTLE BIT LARGER WITH REGARDS TO THAT.
AND UM, MAYBE A QUESTION FOR MR. ORIAN.
SO WHEN I LOOK AT IT, YOU KNOW, AND THERE IS THAT RETAINING WALL, IF THERE'S WATER STREAMING OFF THIS PROPERTY ON A REGULAR BASIS, POTENTIAL FOR WASHOUT ON THAT RETAINING WALL AND BASICALLY THE DEMISE OF IT.
AND SO I WOULD BE CONCERNED ABOUT THAT, YOU KNOW, UH, WITH REGARDS TO WATER RUNOFF AND SO, SO, UM, YOU KNOW, TO ME IT'S, IT'S TOO CLOSE TO, UH, TOO CLOSE TO THE NEIGHBOR'S PROPERTY.
AND SO YOU, WHEN I DO LOOK AT THIS, I SEE A THREE FOOT PATH FROM THE ONE POST THAT'S, UH, CLOSER TO THE CENTER OF THE YARD AND GRASS.
SO THERE'S A GRASS PATH THERE.
AND SO IT LOOKS LIKE THERE'S ABILITY TO MOVE, SHIFT EVERYTHING OVER BY THREE FEET, YOU KNOW, TOWARDS THAT GRASS SPOT THERE.
AND SO, SO YOU KNOW, I GUESS, UM, YOU KNOW, THAT'S WHAT I'M THINKING WHEN I LOOK AT THIS.
AND SO I JUST SEE SPACE ON THE SIDE THERE WHERE, UM, YOU KNOW, THERE DOES LOOK LIKE THERE'S A, THE ABILITY TO MOVE IT.
ALRIGHT, IS THAT ANY OTHER PUBLIC, UH, ANY OTHER QUESTIONS FOR THE APPLICANT? BON MR. EZ, UH, FOR THE APPLICANT? SIR? DID, UH, THE COMPANY THAT DID THIS, WHAT COMPANY DID THIS AGAIN? UM, I SEAT OVER THERE.
ROLANDO'S GENERAL? YEAH, ROLANDO'S GENERAL WORK.
UH, ARE, DO THEY HAVE A LICENSE NUMBER? ARE THEY LICENSED WITH THE CITY OF SAN ANTONIO OR DO THEY PROVIDE YOU ANYTHING LIKE THAT? UH, I'M NOT SURE.
WE GOT THEIR INFORMATION, SO WE'RE GONNA CHECK THAT.
WHEN, WHEN THEY, UH, WHEN THEY DID THIS WORK FOR YOU, DID THEY, DID THEY SAY ANYTHING ABOUT PERMITS? DID THEY, DID THEY SAY WE WE CAN PROVIDE PERMITS, THERE'S A PERMIT NEEDED FOR THIS PROJECT, ANYTHING LIKE THAT? NO.
DID THEY PROVIDE YOU GUYS WITH LIKE A WARRANTY OR A GUARANTEE ON THE WORK, THE WORK ITSELF, LIKE A ONE YEAR LABOR WARRANTY OR NOTHING LIKE THAT? NO.
ANY OTHER QUESTIONS FOR THE APPLICANT? YEAH, UM, THE RETAINING WALL ON THE SIDE, IS THAT ON YOUR NEIGHBOR'S PROPERTY? UM, NO.
YOU SAY IT'S LIKE THAT YOUR PROPERTY TECHNICALLY IT'S ON MY PROPERTY, TECHNICALLY, YES.
MY, MY CONCERN IS IF YOU DID PUT A GUTTER ON THAT SIDE, THE GUTTER ITSELF MIGHT BE ENCROACHING ACROSS THE LINE INTO YOUR NEIGHBOR'S PROPERTY.
YEAH, THAT, YEAH, THAT'S THE REASON WHY MY NEIGHBOR SAID YOU DON'T HAVE TO PUT A GUTTER.
[00:45:01]
NOT EVEN COME TO MY SIDE.AND THAT'S WHY SHE BROUGHT ME.
SO, AND THEN ON THIS SIDE IS MY YARD.
SO WHAT THE, YOU KNOW, TO THE, THE, THE, UM, RIGHT SIDE IS MY YARD, SO IT COMES TO MY YARD, THE WATER, SO IT'S NOT AFFECTING ANYONE.
THAT'S WHY BOTH OF MY NEIGHBORS GAVE ME THE LETTER THAT THEY WROTE THE LETTER FOR ME.
AND JUST TO MR. MATT, SO JUST THE DISTANCE THERE, BECAUSE THE TAPE MEASURE, YOU KNOW, AS I SEE IT LOOKS LIKE, ARE WE MEASURING TO THE INSIDE OF THAT CURB OR THE OUTSIDE? BECAUSE THERE'S MUCH MORE DISTANCE TO THE OUTSIDE, IT'S NINE INCHES VERSUS THE THREE VERSUS, OR THE ONE, UH, IT LOOKS LIKE WHEN WE MEASURED IT, IT LOOKED LIKE THEY WERE RIGHT ON THEIR PROPERTY LINE, UH, BECAUSE THE PROPERTY GOES BACK A LITTLE BIT FURTHER FROM THE, UH, THE BACK OF THE SIDEWALK.
SO SIDE YOU TALKING ABOUT THE SIDE STEP BACK, SO, SO ON SIDE SETBACK AND SO THERE'S A PICTURE, UM, THAT SHOWED THE TAPE MEASURE AND WE WERE TALKING ABOUT EARLIER WITH REGARDS TO THE DISTANCE THAT WE'RE LOOKING FOR THE VARIANCE.
OH, I'M SORRY, I THOUGHT YOU WERE TALKING ABOUT THE FRONT SETBACK.
NO, UM, YEAH, UH, SO IF THEY'RE SAYING THAT THAT'S THEIR RETAINING WALL, THEN THAT COULD GIVE THEM A FEW MORE INCHES, UM, ON THEIR PROPERTY.
SO Y'ALL WERE MEASURING TO THE CENTER OF THE WALL? NO, WE MEASURED UP TO WHERE THE, TO THE FACE WALL RIGHT THERE WHERE THE FACE OF THE WALL STARTED.
SO THEY DIDN'T TURN IN A A SURVEY PRODUCT.
SO IS STAFF IS STAFF JUST DEFERRING TO THE ONE INCH MINIMUM THAT, THAT, THAT CAN BE PURSUED JUST BECAUSE IT'S SO CLOSE AND THAT WE DON'T REALLY KNOW FOR SURE, BUT WE'RE JUST DEFERRING TO THE ONE INCH.
UM, WHEN STAFF WENT OUT THERE, WE SAW THE RETAINING WALL WAS KIND OF IN LINE WITH THE YARD OF THE NEIGHBORING LOT.
SO IT LOOKS LIKE THAT'S, THAT WAS THEIR PROP, NOT, NOT THE APPLICANT'S PROPERTY.
SO THAT'S WHY WE MADE A DETERMINATION OF THE ONE INCH.
YEAH, THE REASON WHY I BRING IT UP IS 'CAUSE A LOT OF TIMES THESE RETAINING WALLS ARE TIED TO THE DRIVEWAY AND SO IT, IT, IT, IT, IF I, IF, YOU KNOW, WITHOUT THE BENEFIT OF THE SURVEY, I WOULD DEFER TO IT BEING PART OF THIS APPLICANT'S PROPERTY.
UM, AND MAYBE, UH, LOOKING WHERE THE POSTS ARE ON THE INSIDE OF THE WALL WITH THE OVERHANG, MAYBE IF THEY PUT A SMALL GUTTER THEY COULD MAKE IT, BUT I DON'T KNOW.
I MEAN IF THAT WALL'S SIX INCHES WIDE AND THE OVERHANGS A FEW INCHES, THEY MIGHT BE ABLE TO SNEAK IN AT A THREE INCH GUTTER.
WELL I BELIEVE THE APPLICANT'S APPLICATION WAS AMENDED TO INCLUDE CUTTERS ON THAT SIDE.
ALRIGHT, ANY OTHER QUESTION? YES, I'M SORRY.
WELL, AND I ALSO WANTED TO ADD THAT IF, IF THERE WAS, IF IF THE RETAINING WALL EVER GOT COMPROMISED BECAUSE OF ANY ADDITIONAL WATER, IT'S REALLY GONNA BE A BURDEN ON THE APPLICANT, NOT THE NEIGHBOR.
SO IT'S, IT'S, THAT'S WHY A SIDE STEP BACK DOESN'T BOTHER ME.
SO, UH, MANANA, AND SO ONE QUESTION HERE.
AND SO IF IT IS TRULY NINE INCHES THEN UM, REALLY THEY'RE LOOKING FOR A SIX INCH VARIANCE THEN, UM, UM, OR THEREABOUTS AND THEN, UH, WITH REGARDS TO GUTTER, THERE IS, UM, UM, CITY HAS THE ABILITY TO WEIGH THAT INTO THAT SIX INCHES, CORRECT? OR NO, THIS A SPECIFIC, WE DO HAVE THE ABILITY FOR A ADMINISTRATIVE VARIANCE, UM, AS IF, IF IT'S NOT CORRECT FOR WHAT WE'RE DOING HERE.
ANY OTHER QUESTIONS FOR THE APPLICANT HEARING ON STAFF? DO WE HAVE ANY, UM, OTHER COMMENTS OR VOICEMAILS TO READ INTO THE RECORD? NO PUBLIC COMMENT.
BEDA MS. BEDA, I HAVE A QUESTION.
THE TWO IN OPPOSITION, ARE THEY WITHIN THE 200 FEET? THE, WHICH ONE? I'M SORRY.
YES, THEY ARE, THEY ARE THEY THE TWO X'S ON THE SCREEN? SO ANYTHING THAT TOUCHES THE DOTTED HASH LINE IS WITHIN 200 FEET.
AND THE PROPERTY TO THE RIGHT, IT'S UNDER, UM, A FAMILY NAME.
IT'S, IT DOESN'T MATCH WHAT THE LETTER SENT, BUT THAT DOESN'T SAY THE, I THE PERSON THAT WROTE THE LETTER DOES NOT LIVE THERE AS A RENTER OR SOMETHING LIKE THAT.
OH YEAH, IT'S THE ADDRESS, THE STREET, THE STREET ADDRESS WAS THROWING ME OFF THOSE TWO OPPOSITION.
UH, WOULD YOU LIKE TO HAVE ANY CLOSING REMARKS BEFORE WE CLOSE THE PUBLIC PORTION OF THE MEETING? NO, I THINK WE'RE OKAY.
AT THIS POINT, UH, THE PUBLIC PORTION OF THE MEETING IS CLOSED.
I'D ASK A MEMBER OF THE BOARD TO PLEASE
[00:50:01]
MAKE A MOTION ORIAN IAN REGARDING CASE NUMBER VO A DASH 25 DASH 1 0 3 0 0 0 66.I MOVE THAT THE BOARD OF ADJUSTMENT GRANT ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A ONE INCH SIDE SETBACK AND TWO A NINE INCH, UH, UH, NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH GUTTERS, UH, TO BE ONE INCH FROM THE GUTTER TO HAVE A ONE INCH FRONT SETBACK SITUATED AT 45 15 NEWCOMB DRIVE APPLICANT BEING BEATRICE RAMIREZ.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A MIDDLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THIS IS NOT SUFFICIENT SEPARATION BETWEEN STRUCTURAL PROPERTY LINE AND RIGHT OF WAY.
TWO, DUE TO SPECIAL CONDITIONS, A LIBERAL ENFORCEMENT OF THE ORDINANCE RESULTED IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE RESULTED IN AN UNNECESSARY HARDSHIP AND THE CARPORT CANNOT BE ADJUSTED TO MEET THE FRONT AND SITE SETBACK REQUIREMENTS FOR COVERAGE OF THE APPLICANT'S VEHICLES.
THREE, BY GRANTING THE VARIANCES SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
THE REDUCTION OF THE SIGN IN FRONT SETBACK REQUIREMENT WILL NOT INJURE NEIGHBORING PROPERTIES AS A CARPORT IS AWAY FROM THE NEIGHBORING HOME, WOULD NOT RESULT IN OVERCROWDING IN THE FRONT YARD AGAINST THE RIGHT OF WAY.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE SHALL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY, THE SIDE IN FRONT SETBACK WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WILL NOT CREATE WATER RUNOFF ISSUES AND CROWNING AGAINST THE RIGHT OF WAY.
SIX PART OF THE OWNER FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
UNIQUE CIRCUMSTANCES ARE 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 THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE PART OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE PROPERTY OWNER WILL NOT BE ABLE TO ADJUST THE CARDBOARD TO ABIDE BY FRONT SETBACK REQUIREMENTS IN DIVISION.
ALRIGHT, UH, MR. ORIAN? YEAH, I'M, I'M GONNA BE IN SUPPORT OF THIS, UH, BECAUSE I, BECAUSE THE RETAINING WALL THAT'S OF ISSUE WITH IT BEING COMPROMISED, OUR RUNOFF IS THE, I BELIEVE IS THE APPLICANT'S AS WE AS PER THEIR TESTIMONY.
UH, AND ALSO THE FRONT SETBACK, WHICH NORMALLY I WOULD NOT BE IN AGREEMENT WITH BECAUSE OF THE PROXIMITY TO THE FRONT SIDEWALK.
THE SIDEWALK IS NOT CONTINUOUS DOWN THE STREET, IT'S ONLY FOR A HANDFUL OF HOMES.
SO THEREFORE THERE'S NOT, UH, PEDESTRIAN CONTINUITY THAT'S BEING COMPROMISED.
UM, SO I'LL BE IN SUPPORT MR. MANA.
SO, UH, MR. RE, WOULD YOU CONSIDER A FRIENDLY AMENDMENT FOR A SEVEN INCH, UH, MOVE IT FROM THE ONE INCH TO A SEVEN INCH? UM, SIMPLY FOR THE REASON OF IF THEY DON'T OWN THAT CURB STOP, THEN THEY STILL NEED TO PROVIDE THE GUTTERS AND WOULD HAVE TO MOVE IT.
BUT IF THEY DO OWN IT, THEN IT ALLOWS FOR THE GUTTERS.
AND SO I'M JUST TRYING TO PROVIDE FOR THAT.
UH, UH, SO MY ISSUE WITH THAT IS, IS THAT I, I, WITHOUT A SURVEY, WE DON'T REALLY KNOW WHAT'S HAPPENING OUT THERE.
AND SO DEFERRING TO THE ONE INSIDE SETBACK IS I THINK A CASE, WELL, I GUESS THE CHALLENGE WOULD BE IF WE'RE SITTING FOR A WELL, OKAY.
WE'LL GO AHEAD AND TAKE A ROLL CALL VOTE AND SEE WHERE LIES, I MEAN I DO SEE SOMEWHAT OF AN OVERHANG BETWEEN THE EDGE OF THE, THE FASCIA THERE AND THE IN OVER AND THE, THE PANELS, RIGHT? SO THERE MAY BE ABILITY TO PUT SOME KIND OF GUTTER IN THERE.
SO ALRIGHTYY AT, AT THIS POINT THEN I'D ASK FOR A ROLL CALL VOTE.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
CHAIR OONA? YES, I CONCUR WITH NINE IN FAVOR, TWO IN OPPOSITION.
THE VARIANCE IS READ, UH, PASSES.
UM, PLEASE GET WITH STAFF IN TERMS OF THE PERMITTING AND UH, THANK YOU.
[00:55:09]
GOOD AFTERNOON.MY NAME IS JOEL VELA, SENIOR ZONING PLANNER, CITY OF SAN ANTONIO.
UH, SPEAKING ON OR PRESENTING ON CASE BOA DASH 25 DASH 1 0 3 6 9.
ADDRESS IS 56 0 4 VANCE JACKSON ROAD CITY COUNCIL DISTRICT NUMBER ONE.
THE APPLICANT IS THE POLY GROUP, LLC.
UH, THIS IS A REQUEST FOR ONE ON 11 FOOT, ONE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW FOR AN EIGHT FOOT 11 INCH REAR SETBACK.
A UH, TWO, A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR A ONE FOOT SEVEN INCH SIDE SETBACK.
THREE A THREE FOOT VARIANCE FROM THE 15 FOOT DRIVEWAY.
CLEAR VISION AREA REQUIREMENT TO ALLOW FOR A 12 FOOT DRIVEWAY CLEAR VISION AREA FOR A ONE FOOT FIVE INCH FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT HEIGHT TO ALLOW FOR A FOUR FOOT FIVE INCH FENCE FROM, UH, WITH SIX FOOT STONE COLUMNS.
THE SUBJECT PROPERTY IS LOCATED ON THE NORTHERN CORNER OF THE INTERSECTION OF VANCE JACKSON ROAD AND DREAMLAND ROAD AND SOUTHWEST OF THE TRINITY BEHAVIORAL HEALTH CENTER.
THE APPLICANT IS PROPOSING THE COMBINATION OF TWO EXISTING STRUCTURES INTO ONE PRIMARY RESIDENCE AND IS REQUESTING A SIDE AND REAR SETBACK VARIANCE, A DRIVEWAY CLEAR VISIONARY VARIANCE AND A FRONT YARD FENCE HEIGHT.
THE PROPERTY IS UNDER A CODE ENFORCEMENT INVESTIGATION FOR BUILDING WITHOUT A PERMIT AND PERMIT ISSUANCE IS PENDING.
THE RESULTS OF THE BOARD OF ADJUSTMENT DECISION SHOWN HERE IS A SITE PLAN SHOWN HERE IS THE SUBJECT PROPERTY AND HERE IS THE SUBJECT PROPERTY UNDER CONSTRUCTION.
THIS IS THE EXISTING SIDE SETBACK AND THAT'S THE OVERHANG ON THE EXISTING SIDE SETBACK.
THE REAR SETBACK SHOWN HERE IS THE FRONT YARD FENCE AND THE CLEAR VISION AREA FOR THAT FRONT YARD FENCE SHOWN HERE IS THE SURROUNDING AREA TO THE NORTHEAST, TO THE SOUTHEAST, TO THE NORTHWEST AND TO THE NORTHWEST HERE AS WELL.
STAFF RECOMMENDATION FOR THE SETBACK, VARIANCE AND CLEAR VISION AREA.
STAFF RECOMMENDS APPROVAL AND BO OA DASH 25 DASH 1 0 3 0 6 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THE SIDE AND REAR SETBACK VARIANCE PROVIDE SUFFICIENT SPACING FOR MAINTENANCE AND FIRE SPREAD PREVENTION AND THE CLEAR VISION AREA VARIANCE PROVIDES SUFFICIENT SPACE FOR VEHICLES TO HAVE UNOBSTRUCTED VIEWS OF THE PUBLIC RIGHT OF WAY.
THE SETBACK VARIANCE DOES NOT APPEAR TO SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF RECOMMENDATION FOR THE FENCE HEIGHT SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 360 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THE FENCE HEIGHT IS APPROPRIATE FOR THE AREA AND DOES NOT APPEAR TO IMPEDE THE VIEW TO AND FROM THE PROPERTY.
UH, AND THE SPECIAL EXCEPTION DOES NOT APPEAR TO WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
ZERO WILL RETURN BACK IN FAVOR.
ONE WAS RETURNED IN OPPOSITION.
UH, THE SAN ANTONIO, TEXAS, UH, DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND.
SHOWN HERE IS THE OPPOSITION WE RECEIVED FOR THIS REQUEST.
[01:00:06]
THIS CONCLUDES STAFF'S PRESENTATION.THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF.
SO AGAIN, FOR THE, UH, ADMINISTRATIVE VARIANCE, SO, SO, UM, IF I SAW CORRECTLY, IT LOOKS LIKE SOME OF THE OVERHANG HERE WAS ACCOMMODATED, UM, FOR THE, UM, FOR THE SIDE SETBACK.
AND SO IF IT WAS SET AT TWO FOOT SIDE SETBACK, UM, AND CITY ALLOWED FOR THE VARIANCE, THEY WOULD BE ABLE TO CONTINUE, IS, WOULD THAT BE CORRECT STATEMENT? SO SO YOU'RE SAYING IF THEY'RE PERMITTED BY RIGHT? NO.
SO WHAT I'M STATING IS IF WE SET UP FOR, SO IF, IF WE WENT DOWN A PATH INSTEAD OF TWO FOOT VARIANCE, UM, AND, AND THEN THE CITY ADMINISTRATIVELY COULD PROVIDE FOR THE ROOF OVERHANG, BUT STILL ALLOW FOR A LARGER, UM, SETBACK, BUT THEY WOULD STILL BE ABLE TO KEEP THE ROOF, WOULD THAT BE A CORRECT STATEMENT? CORRECT.
ANY OTHER QUESTIONS FOR THE STAFF? CRUZ, MS. CRUZ? UH, QUESTION I, BECAUSE I CAN'T SEE IT THAT WELL ON THE, ON, ON WHAT I'M LOOKING AT, HOW TALL IS THE FENCE GOING TO BE AND DOES IT HAVE ONE CURRENTLY? SO RIGHT NOW THE FENCE IS PREDOMINANTLY FOUR FOOT, UH, FIVE INCHES.
THE ONLY REASON, AND IT'S PRETTY HISTORIC FENCE, THE ONLY REASON IT'S COMING HERE IS BECAUSE THEY DID US, UM, I THINK ABOUT A ONE FOOT, ONE FOOT AND A HALF FOOT ADDITION TO THE TOP OF THE COLUMNS.
UM, SO THAT'S WHY WE ADDED THIS ON THERE.
OKAY, SO THEN THEY WOULD GO TO SIX FEET, IS THAT CORRECT? CORRECT.
UH, BUT WE SPECIFICALLY PUT THE SIX FOOT IS ONLY FOR THE COLUMN, SO IT WOULDN'T BE THE ENTIRE FENCE, JUST A COLUMN.
THAT'S WHAT, THAT'S WHAT I WANNA MAKE SURE.
ANY OTHER QUESTIONS FOR THE STAFF? NO.
MS. BARRINGTON, UM, THE AREA BEHIND THE BACK FENCE, THE PROPERTY ADJOINING IT, IS THAT PART OF THE PARKING LOT FOR THE CHURCH ON THE CORNER OF VANCE JACKSON AND DREAMLAND? JOEL'S GOT IT FOR YOU? YES, THAT'S, YES, THAT'S A SEPARATE PROPERTY THERE.
ANY OTHER QUESTIONS FOR STAFF HERE? NONE I'D ASK THE APPLICANT TO PLEASE COME FORWARD.
MY NAME IS MICHELLE TORRES, I'M THE OWNER OF THE POLY GROUP, LLC.
UM, I DO WANNA SAY THAT WE DID REACH OUT, WE WENT TO VISIT, UM, MELISSA AND RAFAEL CORTEZ, WHICH ARE THE PROPERTY OWNERS RIGHT NEXT DOOR TO EXPLAIN WHAT WE WERE DOING.
AND UM, THEY DID HAVE A CONCERN WITH THE PRIVACY ISSUE, UM, BECAUSE THE, THE, UM, WHERE WE'RE, WHERE WE'RE REALLY CLOSE TO THE FENCE IS WHERE WE WOULD PUT A BALCONY.
AND SO WE HAD AGREED THAT WE WOULD PUT UP A SCREEN THERE SO THAT THERE WOULD BE PRIVACY ON BOTH SIDES, BOTH FOR, UM, THE PEOPLE ON THE BALCONY AND FOR THEIR BACKYARD.
UM, I DON'T KNOW, I WASN'T, I DID NOT GET A COPY OF THE LETTER OF THE OPPOSITION, SO I DON'T KNOW IF THERE'S ANYTHING ELSE IN THERE THAT THEY HAD OPPOSED, BUT THAT'S WHAT THEY DISCUSSED WITH US YESTERDAY.
UM, AND I THOUGHT WE HAD COME TO AN AGREEMENT ON WHAT WE WOULD DO TO FIX THAT CONCERN.
UM, THAT, UM, GARAGE IS ALREADY PREEXISTING SO WE DID NOT BUILD THAT, THAT CLOSE TO THE FENCE.
UM, THE SAME WITH THE SETBACK DISTANCE FROM THE BACK.
NOW WE ARE TRYING TO BUILD, UM, AN ADDITION THAT WOULD CONNECT THE SEPARATED GARAGE FROM THE MAIN HOUSE AND THAT AGAIN GOES INTO, UM, THAT SETBACK DISTANCE, BUT IT DOESN'T ENCROACH ANY FURTHER THAN WHAT THE BUILDING IS ALREADY, WHAT THE, THE GARAGE IS ALREADY.
SO WE'RE WITH, YOU KNOW, WE'RE INSIDE WHAT THE GARAGE, UM, IS ALREADY IMPEDING WITHIN THAT.
UM, THAT'S, WE DID, WE ALSO TALKED TO UM, THE SAN ANTONIO DISTRICT ONE RESIDENT ASSOCIATION, MR. FRENCH, TERRY FRENCH, AND IN OUR TELEPHONE CONVERSATION HE WAS IN SUPPORT OF, UM, OUR VARIANCE.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT.
ANY QUESTIONS? MANNA MR. MANNA? SO REGARDING THE FENCE, SO, SO THERE'S A PICTURE THERE ON 14TH, SO IN OUR, IN OUR SLIDE DECK WHERE IT SHOWS, I GUESS THE ADD-ON THAT WAS DONE TO THE ORIGINAL FENCE.
AND SO, SO MY ASSUMPTION IS THAT, THAT THAT HEIGHT THERE IS INDICATIVE OF WHAT THE REST OF THE FENCE IS GONNA LOOK LIKE EXCEPT FOR THE COLUMNS.
IS THAT, IS THAT WHAT I UNDERSTOOD TO BE CORRECT? THAT IS CORRECT.
UM, THERE IS A PORTION WHERE YOU COULD
[01:05:01]
SEE THAT RUSTED, LIKE LITTLE DOORWAY AREA THAT WE TOOK OFF, AND WE'RE GONNA REPLACE THAT WITH SOMETHING NEW.BUT AGAIN, IT WOULD ONLY BE THE HEIGHT OF THE TOP OF WHERE THEY'RE MEASURING.
IT WOULD NOT BE UP TO THE COLUMN.
ANY OTHER QUESTIONS FOR THE APPLICANT? ANY QUESTIONS? ALL RIGHT, STAFF.
DO WE HAVE ANY, UH, OTHER PUBLIC COMMENT OR VOICEMAILS TO BE READ INTO THE RECORD? YES, WE HAVE FIVE VOICEMAILS.
HI, MY NAME'S CHRISTINA SHEKO.
ADDRESS IS 1 0 2 0 6 CHARTER RIDGE, CALLING ABOUT CASE NUMBER ENDING IN 0 6 9.
AND LOOKING AT THE, THE BUILDING THAT'S GOING ON AND THE PAPERWORK THAT YOU SENT US, I THINK FOR ME, I WOULD LIKE TO SAY I'M WILLING TO AGREE WITH ANYTHING THAT THE PEOPLE IN 1 0 2, 0 3 WILL AGREE TO.
THE SUNROOM IS DIRECT, LIKE DIRECTLY ALMOST ON THEIR FENCE.
AND SO WHATEVER THEY THINK IS APPROPRIATE IN, IN TERMS OF WHETHER THEY CAN SUPPORT IT, THEN I'M GOING TO GO THE SAME WAY AS IT WON'T HAVE AN IMPACT ON ME, BUT IT WILL HAVE AN IMPACT ON THEM, AND THEY'RE, THEY'RE WONDERFUL NEIGHBORS.
I LIVE AT 1 0 2 0 6 CHARTER RIDGE, CALLING ABOUT CASE NUMBER 0 6 9.
I LEFT A MESSAGE BEFORE, BUT I, I THINK I NEGLECTED TO LEAVE MY ADDRESS AND MY NAME, THOSE TYPE THINGS.
UM, IN DRIVING BY THE, UM, THE 56 0 4 VANCE JACKSON PLACE, UM, I DO HAVE A COUPLE OF QUESTIONS AND THINGS THAT WORRY ME FOR THE FUTURE.
THE FIRST IS THAT THAT SUN DECK WAS BUILT VERY CLOSE TO THE CORTEZ HOUSE.
THE CORTEZES LIVE IN 1 0 2, 0 3 CHARTER RIDGE.
UM, AND THEREFORE IT LOOKS DIRECTLY INTO THEIR PROPERTY.
IT'S ALMOST RIGHT OVER THEIR FENCE.
UM, IF NOTHING IS DONE ABOUT THAT, THEN THEY HAVE TO COUNT ON THE GOODWILL OF THOSE PEOPLE THAT MOVED THERE.
AND SUBSEQUENTLY, IF THAT PLACE SELLS THE GOODWILL OF THE NEXT PERSON, THEY ALSO HAVE TO WORRY ABOUT THE, THE ABILITY FOR THEM TO BE ABLE TO SELL THEIR HOUSE IN THE FUTURE WITH A SUNDEX SITTING DIRECTLY ON TOP OF THEIR BACKYARD.
SO THEY HAVE NO PRIVACY EITHER.
UM, IF THERE IS A WAY TO NOT ALLOW THE SUNDEX, THAT WOULD BE GREAT.
THE REST OF THE ITEMS DON'T SEEM TO BE A PARTICULAR PROBLEM, BUT THAT SUNDEX, THE WAY IT WAS BUILT RIGHT OVER THEIR BACKYARD IS, IS, IS A PROBLEM.
UM, AND IF IT AFFECTS THEIR PROPERTY VALUE, IT AFFECTS EVERYBODY ELSE AROUND.
I LIVING IN THE PROPERTY OF ILLA MARTINEZ.
UM, MY ADDRESS IS ONE ZERO TWO ZERO SEVEN CHARTER RIDGE STREET.
MY PHONE NUMBER IS (210) 330-6564 AND I'M CALLING ABOUT CASE NUMBER, UH, BO, A 2 5 1 0 3 0 0 0 6 9.
SO THE LAST THREE DIGITS OF THE CASE NUMBER ARE 0 6 9, AND I'M CALLING TO SUPPORT THE OPPOSITION TO REQUEST NUMBER TWO REGARDING THE SECOND STORY TECH.
I WOULD LIKE IT TO BE REMOVED.
IT WAS BUILT, UH, WITHOUT A PRIOR APPROVAL AND IT DOES AFFECT THE, UH, PRIVACY AT OUR BACKYARD.
HELLO, I'M CALLING IN REFERENCE TO DOA DASH 2 5 1 0 3 0 0 0 6 9.
WELL, I LIVE WITHIN THE 200 FOOT RANGE AND RECEIVE NOTICE, I WISH TO, UH, VOICE MY, UM, MY DISAPPROVAL WITH THE PROPOSED VARIANCES FOR THE PROPERTY OF 5 6 0 4 VANCE JACKSON ROAD.
UM, SPECIFICALLY BECAUSE IT IS, I MEAN THE, THE REQUIRED VARIANCES ARE VERY SIGNIFICANT AND WILL CREATE, UM, PRIVACY ISSUES FOR THOSE OF US THAT ARE THE BACK FENCE NEIGHBORS.
UM, I LIVE AT 1 0 2 0 2 CHARTER RIDGE.
MY NAME IS MARLENE MARTIN, M-A-R-L-E-N-E, MARTIN.
[01:10:01]
RAFAEL CORTEZ, PROPERTY OWNERS OF 1 0 2 0 3 CHARTER RIDGE.WE'RE CALLING IN REGARDING CASE NUMBER BO A DASH 25 DASH 1 0 3 0 0 0 6 9.
WE ARE WRITING TO PROVIDE INPUT REGARDING THE VARIANCE REQUEST.
WE ARE OPPOSED TO NUMBER TWO, WHICH INVOLVES A SECOND STORY DECK THAT HAS ALREADY BEEN CONSTRUCTED.
THIS REQUEST SEEKS RETROACTIVE APPROVAL AND WE HAVE SERIOUS CONCERNS, PARTICULARLY DUE TO THE ABSENCE OF ANY WRITTEN ASSURANCES FROM THE PROPERTY OWNER OWNERS REGARDING PRIVACY SCREENS OR OUTDOOR LIGHTING COLLABORATION.
THESE, WHILE THERE HAVE BEEN VERBAL AGREEMENTS, THESE DO NOT OFFER PROTECTION SHOULD THE PROPERTY CHANGE HANDS IN THE FUTURE.
IF THIS VARIANCE IS APPROVED, IT COULD SET A PRECEDENT ALLOWING CURRENT OR FUTURE OWNERS TO BUILD LESS THAN TWO FEET FROM OUR PROPERTY LINE, SPANNING THE FULL LENGTH OF THE BOUNDARY AND POTENTIALLY INCLUDE EVEN TALLER STRUCTURES.
WE FIND THIS UNACCEPTABLE AND FEEL IT SIGNIFICANTLY IMPACTS OUR PRIVACY AND ENJOYMENT OF OUR PROPERTY.
WE RESPECTFULLY REQUEST THAT THE DECK BE REMOVED.
THE GARAGE WAS IN PLACE WHEN WE PURCHASED OUR HOME AND WAS NOT INTENDED TO SERVE AS A LIVING AREA.
THE ADDITION OF A SECOND FLOOR DECK ABOVE IT IS INTRUSIVE AND COMPROMISES OUR SENSE OF SPACE AND PRIVACY.
AS FOR REQUEST NUMBER ONE, THREE, AND FOUR, WE ARE NEUTRAL AND DO NOT TAKE A POSITION EITHER IN SUPPORT OR OPPOSITION.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
ALRIGHT, THAT CONCLUDES PUBLIC COMMENT.
UM, SO THE APPLICANT, I'LL GIVE YOU A CHANCE TO REBUTTAL.
UH, YOU HEARD THE VOICEMAILS, YOU HEARD SOME OF THE QUESTIONING OF THE BOARD.
SO WOULD YOU LIKE TO PROVIDE ANY FINAL RESPONSES TO THE VOICEMAILS? UH, ANYTHING BEFORE WE CLOSE THE PUBLIC PORTION? UM, I CAN YOU LET ME KNOW THE DATE OF WHEN THE CORTEZES MADE THAT, UM, VERBAL? IS THAT, I DON'T HAVE THAT.
UM, AGAIN, WE SPOKE TO THEM YESTERDAY, SO, UM, I DON'T KNOW IF THAT WOULD CHANGE THEIR OPINION.
I TOLD YOU THAT WE DID SPEAK WITH THEM AND WE KNEW THAT THAT WAS GOING TO BE AN ISSUE.
AND WE HAVE ASSURED THEM THAT WE ARE GOING TO PUT UP A SCREEN.
UM, AGAIN, UH, WE PLAN TO KEEP THE PROPERTY.
UM, WE PLAN FOR, UM, MY SON TO MOVE IN THERE.
UM, BUT YOU KNOW, I UNDERSTAND THAT.
BUT THE PLAN IS TO PUT UP A SCREEN SO THAT THE PRIVACY WILL NOT BE AN ISSUE.
UM, YOUR NEIGHBOR WAS CONCERNED THAT YOU DIDN'T GIVE HER, UM, GUARANTEE, UH, IN WRITING.
ARE YOU INTENDING TO GIVE SOMETHING IN WRITING TO THEM IN GUARANTEE WE, WE CAN.
SO WHEN THIS GETS PERMITTED WITH THE PICTURES I'M SEEING NOW, IT LOOKS LIKE THEY'RE SEPARATE.
IS THIS BEING, IS THIS BEING PROCESSED AS AN ACCESSORY? NO, SIR.
WE ARE, WE ARE, UM, IT'S GONNA BE ONE LIVING AREA.
WE'RE GONNA CONNECT THE, THE GARAGE, UM, WITH THE MAIN HOME.
CAN WE GET YOUR, IT'S AN ADDITION.
IT'S NOT A, IT'S NOT A, COULD WE GET YOUR NAME? ELISE SMITH ARCHITECT.
IT'S NOT A ACCESSORY RESIDENTIAL DWELLING TYPE STRUCTURE.
HAVE YOU GONE TO HISTORIC BECAUSE THAT BUILDING WASN'T THAT BUILT IN 1900? UH, AS OF NOW, WE HAVE NOT HAD ANY COMMENTS FROM HISTORIC AT ALL.
HAVE YOU? WE DID, WE DID PUT IN, WE DID PUT THE DRAWINGS IN FOR A PERMIT.
AND BECAUSE OF THE VARIANCE ISSUES, EVERYTHING'S JUST BEEN ON HOLD.
BASICALLY STEVENS DID, DID Y'ALL INCREASE THE FOOTPRINT OF THAT EXISTING GARAGE OR DID YOU ONLY BUILD UP? THEY, THEY, THEY ONLY BUILT A AND THEY BUILT IT PRIOR TO RECEIVING A PERMIT? YES, THEY WERE WORKING ON IT.
UH, ACTUALLY THE, WHAT IT HAD IS IT HAD A ATTIC AREA, A SUBSTANTIAL SIZE ATTIC AREA OVER IT.
AND THERE WAS SOME ISSUES, I THINK WITH SOME FRAMING FOR THE ROOF.
SO THEY DECIDED TO GO AHEAD AND MAKE IT A, LIKE A FULL FLOOR ABOVE THE GARAGE, BUT IT ALREADY HAD AN ATTIC OVER IT WITH A SUBSTANTIAL CEILING HEIGHT.
UM, SO WOULD YOU LIKE TO, UH, IS IT, DOES THAT CONCLUDE YOUR REPUBLIC COMMENTS? YES.
AND THAT WOULD KIND OF CLOSE THE PUBLIC PORTION JUST TO OFFER CLARIFICATION ON THAT VOICEMAIL FOR THE CORTEZES AT 1 0 2, 0 3, THAT WAS RECEIVED BY STAFF SUNDAY NIGHT,
[01:15:01]
10:00 PM SO THAT WAS PROBABLY AFTER, SO THAT PREDATED, THAT WAS MOST LIKELY AFTER WE SPOKE WITH THEM.BUT BEFORE, BUT WHEN YOU SPOKE WITH THEM, YOU SAID YESTERDAY AFTERNOON.
AND THIS WAS THE EVENING, RIGHT? YESTERDAY EVENING YOU SAID? CORRECT, YEAH.
WELL THAT CLOSE THE PUBLIC BOARD, SHOULD I ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION MANNA MR. MANNA? SO, AND JUST TO CONFIRM WITH THE CITY WITH REGARDS TO THE THREE FOOT OR ASKING FOR THREE FOOT VARIANCE, UM, SO THE CITY CAN PROVIDE AN ADMINISTRATIVE FOR THE ROOF, UH, IF IT IS IN THAT SPACE, IS THAT CORRECT? YEAH, WE CAN, UH, THAT WOULD JUST BE CONSIDERED A SETBACK IF THEY NEED THE ADDITIONAL SIX INCHES.
AGAIN, THAT'S A SEPARATE APPLICATION.
UM, SO, OKAY, SO REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 6 9, LET'S SEE, I'M GONNA DO THE FIRST ONE HERE.
UM, I MOVED TO THE BOARD OF JUSTIN GRANTOR REQUEST FOR A THREE FOOT FENCE HEIGHT, SPECIAL EXCEPTION WITH THE MAXIMUM THREE FOOT HEIGHT TO ALLOW FOR A FOOT FOUR FOOT SIX INCH FENCE WITH SIX FOOT STONE COLUMN SITUATED AT 5 6 0 4 VANCE JACKSON ROAD.
APPLICANT BEING THE POLY GROUP LLC.
BECAUSE THE TESTIMONY PRESENTED 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 UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
IF GRANTED, STAFF FINDS THE REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE AS OFFENSE HEIGHT IS SIMILAR OR LOWER THAN OTHER FENCES IN THE IMMEDIATE AREA AND DOES NOT IMPEDE THE VIEW OF THE PROPERTY.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE FRONT YARD FENCE DOES NOT APPEAR TO PROMOTE A SENSE OF, UH, DOES, UH, APPEAR TO PROMOTE A SENSE OF COMMUNITY AS A VIEW TO AND FROM.
THE PROPERTY IS NOT OBSTRUCTED BY THE FENCE HEIGHT AND IS LOWER IN HEIGHT THAN THE FENCES IN THE SURROUNDING AREA.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE FENCE SPECIAL EXCEPTION DOES NOT APPEAR TO SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTIES AS THE FENCE HEIGHT IS NOT OUTTA CHARACTER FOR THE SURROUNDING AREA AND CREATES ADDITIONAL SECURITY.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE ADDITIONAL FENCE HEIGHT IS THE FRONT YARD DOES NOT ALTER THE LOCATION FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS SIMILAR MASONRY FENCES WERE OBSERVED TO BE PRESENT IN THE IMMEDIATE SURROUNDING AREA.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE SPECIAL EXCEPTION FOR A FOUR FOOT, SIX INCH TALL FRONT YARD FENCE WILL NOT WEAKEN THE GENERAL PURPOSE AS MULTIPLE FENCES WITHIN IMMEDIATE AREA THAT FACE VAN JACKSON ROAD HAVE GREATER HEIGHTS THAN THE SUBJECT'S PROPERTY AND OF MOTION.
DO WE HAVE A SECOND, SECOND, MS. VIS WITH A SECOND? UH, SO THIS IS JUST FOR NUMBER FOUR, RIGHT? THE, OF THE, OF THE NUMBER FOUR, OF THE FOUR REQUESTED, UH, VARIANCE REQUESTS.
UM, MR. MANNA, WOULD YOU LIKE TO PROVIDE SOME COMMENT? SO, SO YEAH, SO I'LL, I'LL BE SUPPORTING THIS AND SO GENERALLY WHERE I DO HAVE CONCERNS IS, IS FOR, UH, FIELD OF, UH, THE FIELD OF VISION, UH, WITH REGARDS TO EXITING ONTO VANCE JACKSON.
AND SO BEING THAT IT'S ONLY FOUR FOOT, SIX INCH, UM, I DON'T THINK THAT'S GONNA PLAY INTO HERE.
SO, SO I'LL BE VOTING IN FAVOR.
BEAVIS, I AGREE WITH MY, WITH COMMISSIONER, UH, MANNA, I THINK THAT THE HEIGHT FENCE, UM, IS APPROPRIATE FOR THE, UH, FOR THE VIEW.
SO I I'LL BE IN FAVOR AS WELL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? I DON'T CONCUR.
10 IN FAVOR? ONE IN OPPOSITION.
THIS VARIANCE REQUEST DOES PASS, UM, ONTO THE NEXT, UH, SET OF VARIANCES.
MANA MR. MANA, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 0 6 9.
I MOVED THAT THE BOARD ADJUSTER GRANT A REQUEST FOR A 11 FOOT, 11 FOOT ONE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW FOR AN EIGHT FOOT 11 INCH REAR SETBACK AND TO A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR A TWO FOOT SIDE SETBACK.
AND THREE, A THREE FOOT VARIANCE FROM THE 15 FOOT DRIVEWAY CLEAR VISION AREA, UH, REQUIRED TO ALLOW FOR A 12 FOOT DRIVEWAY CLEAR VISION AREA SITUATED AT 5 6 0 4 V JACKSON, VINCE JACKSON ROAD, APPLICANT BEING THE POLY GROUP BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED
[01:20:01]
SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMEN WOULD RESULT IN UNNECESSARY HARDSHIP.THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS THAT IF GRANTED THAT THE SIDE AND REAR SETBACKS WILL LEAVE SUFFICIENT SPACE FOR MAINTENANCE AND FIRE SPREAD PREVENTION AND A CLEAR VISION AREA OF VARIANCE WILL NOT IMPEDE THE SAFETY OF DRIVERS IN THE AREA.
TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A RE RECONFIGURATION OF THE EXISTING ACCESSORY STRUCTURE IS NOT POSSIBLE AND THE DRIVEWAY APPEARS TO HAVE SUFFICIENT SPACE THAT DOES NOT IMPEDE THE SAFETY OF DRIVERS.
THREE BAR GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE APPEARS TO, UH, BE OBSERVED AS THERE WILL BE SUFFICIENT SPACE BETWEEN THE SIDE AND REAR PROPERTY LINES AND ACCESSORY STRUCTURE FOR MAINTENANCE AND FIRE SPREAD PREVENTION.
AND THE DRIVEWAY APPEARS TO HAVE SUFFICIENT CLEAR VISION.
UH, THAT DOES NOT IMPEDE THE SAFETY OF DRIVERS.
UH, FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH HIS VARIANCE.
SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
DECIDING SETBACK, VARIANCES AND CLEAR VISION AREA VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR AS THE REAR SETBACK DIRECTLY ABUTS A PARKING LOT.
THE SIDE SETBACK, UH, DIRECTLY ABUTS OPEN SPACE IN THE ADJACENT LOT AND THE DRIVEWAY CLEAR VISION VARIANCE, LEAVES SUFFICIENT SPACE AND DOES NOT IMPEDE THE SAFETY OF DRIVERS.
SIX, APPLY TO THE ON PROPERTY FOR WHICH THE S VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXIST IN THE PROPERTY.
UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, THEIR PROPERTY OWNER WOULD NEED TO RELOCATE THE EXISTING RESIDENTIAL STRUCTURE TO CONFORM TO THE UDC REQUIREMENT.
MR. MANN, WOULD YOU BE INTERESTED OR WOULD YOU CONSIDER A, UH, LIMITING THE SIDE AND REAR TO THE LIMITS OF THE SITE PLAN THAT WAS, UH, PROVIDED TO THE BOARD AS A ACCEPTED.
UH, ANY OTHER COMMENTS, MS. MR. MANO? YEAH, I HAVE A, SO, SO, UM, SO I THINK, YOU KNOW, SO, SO I, SO I READ IT AS ONE OF THE, ONE OF THE REQUESTS WAS, YOU KNOW, THEY DID, THEY WANTED, DIDN'T WANT IT LESS THAN TWO FEET AND SO WE READ IT AS TWO FEET.
AND SO THAT STILL ALLOWS FOR THE STRUCTURE AS IS.
AND SO I THINK WE'RE ACCOMMODATE ONE OF THE, ONE OF THE REQUESTS.
UM, AND SO, SO WITH REGARDS TO EXISTING STRUCTURES AND ALL THAT, I THINK THAT PLAYS IN AND SUPPORTS THAT PARTICULAR BROTHER DIALOGUE.
UM, AND OUTSIDE OF THAT I'LL BE, UH, UM, READING OR APPROVING IT AS I READ.
ALRIGHT, MR. STEVENS, I'LL BE IN FAVOR OF THIS JUST BECAUSE YOU HAVEN'T INCREASED THE FOOTPRINT OF THAT BUILDING.
I DON'T KNOW HOW YOU, YOU DON'T GO AND GET A PERMIT FOR ADDING A SECOND STORY TO A BUILDING AND, UH, CHAIR ORIAN DID ALLUDE TO HISTORIC.
I WOULD THINK OHP IS GONNA WANT TO LOOK AT THIS WITH ALL THE STONE BEING REMOVED, BUT I'LL I, FOR THE VARIANCES IN FRONT OF US, I'LL BE IN FAVOR.
ALRIGHT, ANY OTHER COMMENT? ORIAN HISTORIAN.
SO WE, WE HEARD TESTIMONY FROM, UH, UH, OR COMMENTARY FROM THE, A BUDDING NEIGHBOR THAT THEY DIDN'T WANT ANYTHING ON TOP OF THAT EXISTING STRUCTURE.
UM, I, I HAVE A, I KIND OF HAVE A LITTLE ISSUE WITH THEM PUTTING A, PUTTING THAT, PUTTING SOMETHING ON TOP.
I MEAN THE EXISTING BUILDING'S FINE, BUT, BUT FOR THE SIDE SETBACK, I JUST HAVE AN ISSUE WITH IT.
I HAD LIKE, IT LIMITED TO JUST THE FIRST STORY.
I DON'T, CAN WE DO THAT? I DON'T, I DON'T KNOW THAT WE CAN DO THAT, UM, BY, YOU KNOW, BY THIS BOARD HERE, YOU KNOW, UNLESS THE CITY TELLS ME OTHERWISE.
WELL, BECAUSE IT'S EXISTING, IF WE DON'T APPROVE IT, IT, THEY CAN'T MAKE THEM REMOVE IT 'CAUSE IT'S BEEN THERE FOR A HUNDRED YEARS.
SO THE ACCESSORY STRUCTURE MOST LIKELY IS NOT REGISTERED, BUT MOST LIKELY WOULD BE NON-CONFORMING.
UM, ANY NEW ADDITION WOULD HAVE TO BE WITHIN A FIVE FOOT SETBACK.
SO TECHNICALLY, BUT THEY CAN'T.
BUT CAN THE MOTION BE READ FOR THE SIDE SETBACK TO BE LIMITED, UH, TO JUST ONE STORY? THAT'S THE, UH, 35 FEET, THAT'S TWO AND A HALF STORIES IS PERMITTED BY RIGHT IN THE ZONING DISTRICT.
SO WE CANNOT LIMIT THAT OR WE'RE LIMIT, BUT WE ARE LIMITING THE EXTENT OF THE SET SETBACKS TO THE SITE PLAN SUBMITTED, RIGHT? I MEAN THAT THAT'S CORRECT.
PERMISSIBLE THAT PART IS CORRECT.
SO LET'S, LET'S, LET'S READ THE MOTION AND, AND SEE HOW IT KIND OF FALLS OUT.
SO ANY OTHER, ANY OTHER COMMENT BEFORE WE CLOSE THE PUBLIC UH, BEFORE WE CLOSE THE MEETING FOR ROLL CALL? VOTE.
[01:25:01]
ALRIGHT.I WOULD ADD THAT I'M, I'M GONNA BE IN SUPPORT OF THE MOTION AS READ TO, I MEAN, I, I THINK WE'VE GIVEN THE, THAT WE'RE LIMITING THE, THE SCOPE TO, TO THE SITE PLAN SUBMITTED, UH, THE APPLICANT PROVIDED TESTIMONY THAT SHE WILL BE SCREENING, UH, PROVIDED WRITING THAT SHE'S GONNA SCREEN THAT FROM THE NEIGHBORING PROPERTY OWNER TO PROVIDE THAT SET OF PRIVACY.
I THINK THAT'S BETTER THAN NOTHING, BUT, UM, I'LL LEAVE IT UP TO THE BOARD.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN, I DO NOT CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
CHAIR ZINA? YES, I CONCUR WITH NINE.
THE VARIANCE PASSES AS LIMIT AS READ.
UH, THEY COULD DISCUSS WHAT THE LIMITS ARE FOR THE APPROVAL.
THANK, THANK YOU FOR YOUR TIME.
THE FOR ITEM NUMBER SEVEN, WE RECEIVED A WORD FROM THE APPLICANT THEY WOULD LIKE TO CONTINUE TO JUNE 16TH.
WE'LL HAVE DISCUSSION WITH THE HOMEOWNER ASSOCIATION.
DO WE HAVE ANY PUBLIC RECORD TO BE READ INTO THE, INTO THE ONE VOICEMAIL THAT WE HAVE TO PLAY? OKAY.
AND SHOULD AND I WILL READ THE ITEM REALLY QUICKLY.
IT'S BO A 2 5 1 0 3 0 0 0 7 0 LOCATED AT 10 43 WEST MAGNOLIA AVENUE.
ALRIGHT, I'M CYNTHIA WALKER, 10 38 WEST SUMMIT AVENUE, AREA CODE 8 1 8 4 8 9 2 5 9 9.
I'M CALLING ABOUT CASE NUMBER VOA 25 DASH 1 0 3 0 0 0 7 0.
I HAPPEN TO BE THE CHAIR OF THE ZD COMMITTEE FOR BEACON HILL NEIGHBORHOOD ASSOCIATION AND I'M CALLING IN REFERENCE TO 10 43 WEST MAGNOLIA.
DEAR BOARD OF ADJUSTMENT MEMBERS, BEACON HILL AREA NEIGHBORHOOD ASSOCIATION.
REQUEST A CONTINUANCE ON THIS CASE UNTIL JUNE 9TH WHEN THE APPLICANT, MR. GREGORY SCHMIDT WILL BE ABLE TO PRESENT TO THE RESIDENCE OF BEACON HILL TO ASK FOR SUPPORT.
MR. SCHMIDT EXPRESSED THAT HE HAS NO OBJECTION TO THIS REQUEST.
IF CONTINUANCE IS NOT GRANTED, WE RESPECTFULLY ASK THAT YOU DENY THE APPLICANT'S REQUEST TO REMOVE A BALCONY AND PORCH, WHICH VIOLATES OUR NCD FIVE STANDARDS.
WE HAVE A MANDATE FROM OUR RESIDENCE TO SUPPORT OUR NC D FIVE STANDARDS UNLESS THERE IS SOME MITIGATING CIRCUMSTANCE AND IT IS IMPORTANT THAT THE APPLICANT HAVE THE OPPORTUNITY TO PRESENT TO THE REFERENCES, EXCUSE ME, TO THE RESIDENTS FOR A VOTE.
THANK YOU SO MUCH FOR YOUR CONSIDERATION.
CYNTHIA WALKER SHARE OF THE ZONING AND URBAN DESIGN COMMITTEE FOR BEACON HILL NEIGHBORHOOD ASSOCIATION.
ALRIGHT, UH, I SAW THE PUBLIC COMMENT.
SO JUST ONE THING WITH THE PUBLIC COMMENT SHE MENTIONED SIX NINE AND I BELIEVE SHE'S REFERRING TO THEIR MEETING.
SO IF THAT'S THE CASE, THAT MEANS IT WOULD NEED TO BE CONTINUED TO JUNE 16TH, NOT BECAUSE YOUR MEETING'S THE SECOND, YOUR NEXT JUNE MEETING THEY, THEY REQUESTED JUNE 16TH.
SO WE HAVE A MOTION FOR CONTINUANCE TO YES, I MADE THE MOVE.
CAN WE JUST TAKE A, A VOICE VOTE? ALL IN FAVOR SAY AYE.
WHO MADE THE UH, MOTION AND THE SECOND BARRINGTON? SECOND.
UH, SO WE HAVE TWO CASES LEFT OR ONE LEFT.
YEAH, WE'RE ON ITEM NUMBER EIGHT.
ITEM NUMBER NINE WAS WITHDRAWN.
THEY FOUND A WAY TO MEET THE REQUIREMENTS.
ALRIGHTY, STAFF, LET'S HEAR CASE NUMBER EIGHT PLEASE.
I'LL PRESENTING CASE BO A DASH 25 DASH 0 3 0 0 0 71.
THE ADDRESS IS 3 0 7 SOUTH SAN BERNARDO COUNCIL DISTRICT FIVE.
THE APPLICANT IS LAURA DE LEON.
SHE'S REQUESTING A ONE FOOT SIX INCH VARI FIGHT SETBACK TO ALLOW A THREE FOOT SIX INCH SIDE SETBACK.
THE SUBJECT PROPERTY IS LOCATED WEST OF SOUTH GENERAL MCMULLEN AND IS SITUATED ON SOUTH SAN BERNARDO BERNARDO AVENUE.
THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS REQUESTING A ONE FOOT SIX INCH SIDE SETBACK VARIANCE TO REDEVELOP A SINGLE FAMILY RESIDENCE.
IN THE CURRENT FOOTPRINT, THERE IS AN EXISTENCE SEVEN FOOT BY 8.4 FOOT ATTACHMENT THAT WILL BE REMOVED LEAVING A SIDE SETBACK OF THREE FOOT, THREE FOOT SIX INCHES
[01:30:02]
TO APPROVE.CERTIFICATE OF DETERMINATION HAVE BEEN OBTAINED, WHICH PERMITS DEVELOPMENT ON A SUBSTANDARD LOT.
THE APPLICANT STATED LOT 34 WILL BE USED AS A DRIVEWAY FOR LOT 35 AND LOT 33.
AND IS AWARE OF THE REQUIRED CROSS ACCESS AGREEMENT THAT MUST BE ATTAINED.
PERMITS ARE PENDING IN THE OUTCOME OF THE BOARD OF ADJUSTMENT AND THIS IS THE SITE PLAN SHOWING THE THREE DIFFERENT LOTS AND THE AREA THAT WILL BE, THAT WILL BE REMOVED.
A CURRENT VIEW, AERIAL AND SOME HISTORICAL VIEWS.
THIS IS LOT 35 A AND THE REAR OF IT.
AND THIS WOULD SHOW THE CENTER LOT 34 AND THE OTHER END 33 AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SITE SETBACK VARIANCE STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 1 0 3 0 0 0 7 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD.
AND TWO, THE PROPERTY WILL BE ABIDING BY ALL OTHER DIMENSION AND SETBACK REQUIREMENTS.
46 NOTICES WERE MAILED, UM, ZERO NO FAVOR AND ONE IN OPPOSITION.
THERE WAS NO RESPONSE FROM THE LAS PALM NEIGHBORHOOD ASSOCIATION.
AND THIS IS FROM, WE RECEIVED THIS THIS MORNING.
UM, IN OPPOSITION, THE APPLICANT IS PRESENT TO ANSWER ANY QUESTIONS.
LET'S SEE, MAY I, YEAH, SO, SO JUST FOR CLARIFICATION ON THE PICTURE HERE.
AND SO, SO THERE'S A, ON THE FIRST PAGE THERE WAS A SITE MAP, WHICH SHOWS THE HOUSE STRUCTURE AND THEN THE PICTURE HERE THAT WE HAVE ON THE NEXT PAGE SHOWS, UH, SHOWS A SECTION IN WHITE THAT PART IS BEING REMOVED AS PART OF THE CODE.
AND SO ESSENTIALLY THAT WHOLE, THAT'S WHAT'S BEING REMOVED.
AND THEN THE ORIGINAL STRUCTURE IS ON THE ORIGINAL LOT.
AND, AND SO, SO SO REALLY WE'RE LOOKING ABOUT, UH, UM, UH, BRINGING IN COMPLIANCE, I GUESS THE NON-CONFORMING STRUCTURE WITH REGARDS TO WHERE IT SITS ON THE LOT.
AND ON THE MOTION WE PUT ON SPECIFICALLY ON LOT 35.
UM, BECAUSE THE INDIVIDUAL LOT THAT WE'RE TALKING ABOUT.
ANY OTHER QUESTIONS FOR STAFF CRUZ, MS. CRUZ? SO, UM, I, I'M TRYING TO MAKE SURE I'M CORRECT.
SO THEN WHAT THEY'RE ADDING ON IS SOMETHING NEW BESIDES WHAT'S ALREADY THERE OR THEY'RE TEARING IT DOWN COMPLETELY AND BUILDING SOMETHING NEW.
THEY'RE JUST, UM, THEY'RE JUST TEARING DOWN THAT YELLOW PART TO MAKE THE HOUSE INTO COMPLIANCE BECAUSE THEY'RE DOING A, THEY HAVE A, UM, COD FOR A NON-CONFORMING LOT OF RECORD.
SO TO DEVELOP IT, THEY HAVE TO BE WITHIN THE STANDARDS OF THE, OF THE SETBACK.
SO THAT'S WHAT THEY'RE HERE FOR.
IT'S NOT GONNA BE A NEW BUILDING, IT'S JUST THEY HAVE TO BE WITHIN THE STANDARDS AND CURRENTLY THEY'RE NOT.
AND SECOND QUESTION IS, SO THE PERSON THAT IS AN OPPOSITION EXACTLY WHERE HE IS AT ON THE MAP BECAUSE IT DOESN'T SHOW IT OR I DIDN'T SEE IT.
THAT RESPONSE CAME IN FROM, UH, A PROPERTY OWNER, NOT WITHIN THE 200 FOOT NOTIFICATION AREA.
THAT'S WHAT I WANTED TO MAKE SURE.
ANY OTHER QUESTIONS FOR STAFF ORIAN MR. ORIAN? SO STAFF, THANK YOU FOR PUTTING THE LIMITED TO LOT 35, BUT DO THEY NEED THE SIDE STEPBACK REDUCTION, UH, ON BOTH SIDES OR JUST ONE SIDE? JUST ON THE ONE SIDE.
SO THEN WE, IT COULD JUST BE READ TO BE FOR THE SOUTH SIDE WHERE THEY'RE REMOVING THAT STRUCTURE.
MR. OREN, DOES THAT CONCLUDE YOUR QUESTIONING? YES, I MEAN I, THAT I JUST WANTED TO MAKE SURE THAT WE, WE WEREN'T APPROVING A, A SITE SIDE EFFECT REDUCTION YEAH.
OTHER THAN WHAT WAS SPECIFICALLY NEEDED.
ANY OTHER QUESTIONS FOR STAFF? HEARING NONE, I'D ASK THE
[01:35:01]
APPLICANT TO PLEASE COME FORWARD AND LET'S UH, HEAR YOUR CASE.AND AS Y'ALL SAW, WE ARE ASKING FOR THE 1.6 SO THAT WE CAN BE IN COMPLIANCE TO BE ABLE TO EVENTUALLY BE ABLE TO BUILD IN THE SITE LOT.
LET'S SEE IF THERE'S, IF WE HAVE ANY QUESTIONS FOR YOU.
ANY QUESTIONS FOR THE APPLICANT HERE, CRUZ, MS. CRUZ? UH, YES MA'AM.
UM, BY CHANCE, SO ALL THREE PROPERTIES BELONG TO YOU, IS THAT CORRECT? YES, THEY DO.
SO EVENTUALLY YOU WILL TRY AND DO SOMETHING ELSE WITH THE OTHER PROPERTIES.
IS THAT WHAT YOU'RE TRYING TO DO? CORRECT.
ANY OTHER QUESTIONS FOR THE APPLICANT HERE? ALRIGHT, AND WE READ INTO THE RECORD ANY VOICEMAIL OR ANY, UH, PUBLIC COMMENT, CORRECT? NO VOICEMAILS, JUST HAD THOSE, UH, WRITTEN RESPONSES.
AND WOULD YOU LIKE TO HAVE ANY FINAL COMMENT BEFORE WE CLOSE THE PUBLIC PORTION OR NO? I'M JUST HOPING THAT WE CAN GET THE VARIANCE SINCE IT WAS ALREADY THERE.
IT'S BEEN THERE FOR A LONG TIME.
LET'S, UH, SEE, UH, MR. IAN, DO YOU WANT, DID YOU WANNA MAKE A MOTION THERE MR. SURE.
UH, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH HUNDRED 3 0 7 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS REQUEST FOR A ONE FOOT SIX INCH VARI IN THE MINIMUM FIVE FOOT SETBACK TO ALLOW A THREE FOOT SIDE SETBACK ON THE SOUTH SIDE, LIMITED TO LOT 35 LIT, SITUATED AT 3 0 7 SOUTH BERNARD BERNARDO, APPLICANT BEING LAURA DA LEON.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE STAFF FINDS THIS VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THAT THE APPLICANT IS INID BY ALL REMAINING DEVELOPMENT AND SETBACK REQUIREMENTS AND WILL NOT INFRINGE ONTO RENEWING PROPERTY TO THE SOUTH, WHICH IS ALSO OWNED BY THE PROPERTY OWNER DUE DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULTED IN UNNECESSARY HARDSHIP.
AND THIS CASE, A SPECIAL CONDITION FOUND ON THIS SUBJECT PROPERTY IS A LOT SIZED.
WITHOUT THIS VARIANCE, AN UNNECESSARY HARDSHIP WILL PREVENT THE APPLICANT FROM DEVELOPING ON THE SUBSTANDARD LOT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
ALL REMAINING SETBACK AND BUILDING REQUIREMENTS SUCH AS BUILDING HEIGHT DENSITY WILL BE FOLLOWED.
THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED BY GRANTING THIS VARIANCE FOR THE VARIANCE NOT AUTHORIZED THE OPERATION OF OTHER, THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE SHALL NOT SUBSTANTIALLY ISSUE THE APPROPRIATE USE OF ADJACENT PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED UPON SITE VISITS.
STAFF HAS FOUND THAT THE REQUEST OF DURING SHALL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
AND SETBACK REGULATIONS WILL ENSURE ADJACENT PROPERTIES REMAIN UNINJURED.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES INSISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT REALLY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE PLIGHT OF THE PROPERTY OWNER FOR WHICH THIS VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS WHAT SIZE AND DO NOT APPEAR TO BE MERELY FINANCIAL.
A SECOND, SECOND, SECOND, MS. CRUZ ALRIGHTYY.
MR. WHERE WOULD YOU I'M IN FULL SUPPORT.
I KNOW WITH THESE 25 FOOT WIDE LOTS, YOU KNOW, GOING DOWN TO, UH, UH, THREE AND A HALF FEET ON ONE SIDE IS, IS PERFECTLY ACCEPTABLE TO ME.
MS. CRUZ? UH, THANK YOU MS. CRUZ.
UH, YES, I CONCUR WITH MR. ORA AND I DON'T SEE WITH ANY PROBLEMS WITH THAT SINCE THEY'RE, THEY'RE THE ONES THAT ARE TAKING THE INITIATIVE TO MAKE SURE THIS PROPERTY IS IN COMPLIANCE.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
11 IN FAVOR? ZERO IN OPPOSITION.
UH, GOOD LUCK WITH THE PROJECT.
PLEASE GET WITH STAFF AND IT CAN ASSIST YOU WITH ANYTHING YOU NEED.
STAFF, DO WE HAVE ANY REPORTS OR ANYTHING TO BE READ OR, I'M SORRY, DID YOU DO THE MINUTES? OH
[ Approval of Minutes ]
NO, UH, THE MINUTES.UH, DID WE HAVE ANY COMMENTS ON THE MINUTES THAT ANY EDITS OR
[01:40:01]
I I DIDN'T SEE ANYTHING THAT NEEDED TO BE CHANGED, SO.AND WAS THERE A SECOND? OH, DO WE HAVE A SECOND? WHAT BETTER BE THIS? ALL IN FAVOR SAY AYE.
[ Director’s Report ]
BOARD MEETINGS TO READ IN? SO THE ONLY THING IS, UH, I'LL PROBABLY JUST HAVE MONICA SEND IT TO YOU AS SOON AS IT'S AVAILABLE.I DON'T KNOW HOW MANY OF YOU WERE FOLLOWING THE LATEST COUNCIL MEETINGS, BUT THEY DID ACCEPT THE VAPE TOBACCO, UH, UPDATE, WHICH MEANS THAT ANYBODY WHO'S OPERATING A VAPE SHOP OR A TOBACCO SHOP THAT'S WITHIN A THOUSAND FEET OF A SCHOOL, A DAYCARE, OR A UNIVERSITY, THEY NOW HAVE TO OBTAIN A SPECIFIC USE AUTHORIZATION THROUGH REZONING IF THEY WANNA TRY TO DO THAT UNLESS THEY'RE ALREADY EXISTING NON-CONFORMING IN WHICH, AT WHICH TIME THEY WOULD GET A NON-CONFORMING USE REGISTRATION.
SO WE JUST WANT YOU TO HAVE THAT INFORMATION BECAUSE IT'S NEW, HOT AND FRESH.
AND WE DID DO A F AQ FOR IT IN CASE YOU GUYS ARE ASKED BECAUSE YOU'RE BOARD MEMBERS.
SO SOMEBODY MIGHT SAY, HEY, WHAT'S THIS THING ABOUT? THAT WAY YOU'LL AT LEAST HAVE THAT INFORMATION.
AND LET'S SEE, WE DID THE FAQ AND ALSO AN INFORMATION BULLETIN ON IT, I BELIEVE.
SO WE'LL BE SURE THAT YOU HAVE ACCESS TO THAT, THOSE DOCUMENTS FOR YOUR REFERENCE.
AND THEN I JUST WANTED TO SAY AS A POINT OF PERSONAL PRIVILEGE THAT I APPRECIATE EVERYTHING, UH, THAT YOU HAVE DONE ON THIS BOARD.
THIS IS MY LAST OFFICIAL MEETING WITH YOU.
IT DOESN'T MEAN THAT YOU WON'T SEE ME.
I WILL JUST BE OVER AT TRANSPORTATION HELPING OUT KAT.
SO I'M SURE I'LL BE BACK TO GIVE PRESENTATIONS EVERY NOW AND AGAIN.
SO THANK YOU VERY MUCH FOR ALL YOU DO.
YOU ARE VERY MUCH APPRECIATED.
AND I, AND I AM STILL A RESOURCE FOR YOU, SO IF YOU NEED ME, JUST CALL ME, EMAIL ME AND I'M HAPPY TO AT LEAST POINT YOU IN THE DIRECTION YOU NEED TO GO IF I'M NOT, DON'T HAVE THE ANSWER FOR YOU.
APPRECIATE UH, ORIAN ON THAT, ON THAT THOUSAND FEET, IS, IS THE DISTANCE APPEALABLE TO THE BOA? NO, IT IS NOT.
SO THERE, IT CHANGED THE ZONING OR, OR THAT'S IT? CORRECT.
NOTHING, NO OTHER BUSINESS BEFORE THE BOARD.
THE BOARD OF ADJUSTMENTS IS ADJOURNED.