* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. WELL IF WE'RE RECORDING [00:00:01] SINCE WE HAVE NINE, IT IS ONE OH SEVEN, I HEREBY CALL THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION. CAN WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE? GOOD AFTERNOON. THANK YOU VERY MUCH. AND IF EVERYBODY COULD PLEASE JOIN ME IN THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY KING. JUSTICE FOR ALL HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ALRIGHT, STAFF, IF YOU COULD PLEASE CALL ROLL. COMMISSIONER BARRINGTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IBANEZ PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. HERE. COMMISSIONER MANNA PRESENT. COMMISSIONER GOMEZ. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER BENAVIDES PRESENT. COMMISSIONER OZUNA. COMMISSIONER VASQUEZ. HERE. COMMISSIONER BROWN, CHAIR ORIAN. AND I AM HERE. SO WE HAVE 11 SEATED. WE HAVE A FULL, UH, COMMISSION TODAY. UH, BEFORE WE BEGIN, IF I COULD ASK EVERYBODY TO PLEASE SILENCE YOUR MOBILE PHONES. UM, SO [ Briefing and Possible Action on the following items  ] BEFORE WE PROCEED WITH TODAY'S CASES, I'M GONNA OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE 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 SHALL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY'S STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION TO DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCE FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. ARTICLE ONE, SECTION 28 DASH FIVE. UM, IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD AND ANY, ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN ALIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EVERY MEMBER WILL BE ASKED TO VOTE ON THE MOTION. IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISIONS OF THIS BOARD REGARDING APPEALS OR AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. UH, PLEASE LIMIT YOUR PRESENTA PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE. AND I JUST WANTED TO ADD THAT YOU KNOW, WHEN YOU COME UP TO THE PODIUM AND YOU'RE PRESENTING AS AN APPLICANT, WE WANNA MAKE SURE YOU'RE BEING GERMANE AND NOT AND STAYING ON TOPIC. SO STAFF THANK YOU STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST [00:05:01] FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL, YOU'LL BE CALLED IN AN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOT OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION FOR THOSE WHO WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER. THAT SPEAKER WILL BE ALLOTTED MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU CHAIRMAN. YEAH, SO WE HAVE TWO ITEMS THAT ARE REQUESTING CONTINUANCES, SO WE'RE GONNA HIT THOSE OUT FIRST. UH, ITEM NUMBER FOUR IS REQUESTING A CONTINUANCE TILL JULY 21ST. DO WE HAVE ANY VOICEMAILS OR ANY CITIZENS ITEM TO SPEAK ON THE ON ITEM FOUR? NOPE. UH, LEMME READ THAT TO THE RECORD. TO REQUEST BY EDUARDO GARCIA FOR A THREE PARKING SPACE VARIANT FROM THE MINIMUM 12 PARKING SPACES TO ALLOW DEVELOPMENT WITH NINE PARKING SPACES, A VARIANCE TO ELIMINATE THE 10 FOOT SIDE BUFFER YARD. A 13 FOOT VARI FROM A MINIMUM 18 FOOT SIDE DISTANCE TO ALLOW DRIVEWAY WITH A FIVE FOOT SIDE DISTANCE LOCATED 11 11 20 BUENA VISTA WITH STAFF RECOMMENDED DENIAL. THANK YOU. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION TO CONTINUE. ITEM FOUR TO JULY 21ST. SO MOVED. I'LL GIVE THAT TO COMMISSIONER BARRINGTON, THE SECOND TO COMMISSIONER BRAGMAN. ALL IN FAVOR TO CONTINUE ITEM FOUR TO JULY 21ST, SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. ITEM IS CONTINUED. UH, NEXT ITEM IS ITEM NUMBER NINE, REQUESTING CONTINUANCE TO AUGUST 5TH. SO WE HAVE, UH, I'LL READ DOWN TO A RECORD. WE DO HAVE TWO SPEAKERS AND TWO VOICEMAILS FOR THIS ONE. ALRIGHTY. UM, THIS IS A REQUEST BY, UH, JOELLE FERIN FOR AN APPEAL FOR AN ADMINISTRATIVE DECISION FOR A NON-CONFORMING USE DENIAL TO PERMIT THE USE OF AN AUTO AND LIGHT TRUCK REPAIR AND AUTO PAIN AND BODY LOCATED 34 0 6 ROOSEVELT WITH STAFF HAM BEEN IN DENIAL. UH, WE CAN PLAY THE TWO VOICEMAILS FIRST FOR ITEM NUMBER NINE. THANK YOU ANN. FITZ, F AS FRANK, I AS IN IDEA, T AS IN TOM, T AS IN TOM, S AS IN SERVICE. I RESIDE AT 70 15 SYMPHONY LANE. I OPPOSE THE DEVELOPMENT LOT. SEVEN NCB SEVEN SIX SEVEN SIX. MY PHONE NUMBER IS TWO SEVEN TWO FIVE NINE NINE ONE NINE. THANK YOU. IN REGARD TO CASE DOA 2 5 1 0 3 0 0 1, 0 2. MY NAME IS VIRGINIA RUTLEDGE. I LIVE AT 1 6 0 6 EAST PIRON AVENUE. WE CONSIDER ROOSEVELT PART OF OUR NEIGHBORHOOD AND OPPOSE ALLOWING AN UNPERMITTED CONSTRUCTION THAT DOES NOT FALL INTO WHAT WE UNDERSTAND TO BE THE LOCAL GUIDELINES FOR CONSTRUCTION. THANK YOU. ALRIGHT, FIRST, UH, CITIZEN SIGN UP TO SPEAK. THIS IS JANE HENRY AND UH, JOEL, IF YOU CAN PUT THOSE PICTURES UP. HI. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. MY NAME IS JANE HENRY. IS THIS ON? UH, SHOULD BE. SOMETIMES YOU HAVE TO GET REALLY CLOSE TO IT. OKAY. OH, THERE YOU GO. MY NAME IS JANE HENRY. I'M PRESIDENT OF MISSION SAN JOSE NEIGHBORHOOD ASSOCIATION. I LIVE AT 5 22. I GET MY ADDRESS. UH, YOU DON'T HAVE TO OKAY. BUT YOU CAN IF YOU WANT. OKAY. WELL, I LIVE ON DIXON AVENUE. OKAY. ABOUT A, A BLOCK AND A HALF FROM THE MISSION. MISSION SAN JOSE. UH, OUR NEIGHBORHOOD ASSOCIATION, UH, VIGOROUSLY OPPOSES, UM, THIS PROJECT AT 34 0 6 ROOSEVELT AND EVERYTHING THAT HAS HAPPENED THERE. UH, THE NON-CONFORMING USE, UM, THIS, THIS BUSINESS NON-CON CONFORMS IN EVERY WAY. HE BUILT IT WITHOUT, UH, HE MADE ADDITIONS WITHOUT PERMITS. HE CHANGED THE FACADE WITHOUT CONSULTING WITH THE HDRC. HE IS TOTALLY, OH, WE HAVE PICTURES. YEAH. UM, HE ADDED THESE TALL SMOKE STACKS. THIS IS RIGHT NEXT TO MISSION SAN JOSE. YOU UNDERSTAND? AND THIS IS ABSOLUTELY NOT THE THING YOU WANNA SEE. THIS IS, UM, THESE PICTURES ARE FROM THE, UH, HARLANDALE SCHOOL DISTRICT, UM, CULTURAL ARTS FESTIVAL AND PARADE EVERY APRIL, SOMETIMES AT THE END OF MARCH. AND YOU CAN SEE FROM THESE PICTURES, THE ONE ON THE LEFT IS FROM, UM, I THINK 2024. AND IT SHOWS THEM, SHOWS THE PARADE PASSING, UM, 34 0 6 ROOSEVELT. AT THE TIME IT WAS ERDOS AUTOMOTIVE. THERE ARE NO SMOKESTACKS [00:10:01] THERE. UM, AND THEN THE ONE ON THE RIGHT IS, UM, THE PARADE PASSING, UH, IN APRIL OF 2025. AND YOU SEE THE SMOKE STACKS THERE RIGHT IN FRONT OF WHERE ALL THESE SCHOOL CHILDREN ARE PASSING. UM, YOU KNOW, AND ALL THESE EMISSIONS WILL BE FLYING, I GUESS, UM, DURING THEIR PARADE. AND, UM, AND ALSO IT'S, UM, AS YOU'RE COMING NORTH ON ROOSEVELT FROM MILITARY DRIVE, YOU SEE THE SMOKESTACKS AND THEN YOU SEE THE TOWER. I MEAN, THIS DOES NOT, UH, THERE'S NOTHING HARMONIOUS, UM, UH, HIS RESPECTFUL ABOUT THIS PICTURE. SEEING THESE, THESE THINGS ARISE RIGHT NEXT TO THE MISSION TOWERS AND DOME. IT'S, AND YOU CAN SEE IT FROM THE MISSION GROUNDS, FROM THE VISITOR CENTER, FROM THE PARKING LOT AS YOU APPROACH FROM THE BUS STOP. IT'S NOT THE KIND OF THING YOU WANT TO SEE. WE, WE DON'T WANT AN INDUSTRIAL DEVELOPMENT, UH, OR EXPANSION RIGHT NEXT TO THE MISSION. UM, SO WE ARE TOTALLY OPPOSED. OKAY. THAT'S IT. THANK YOU VERY MUCH. AND WE LOOK FORWARD TO COMING BACK IN FOUR WEEKS. IS THAT CORRECT? UH, WE'LL SEE. OKAY. WE'LL SEE. THANK YOU. . NEXT SPEAKER IS MR. BRODY. MY NAME IS BRADY ALEXANDER. I REPRESENT THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION AND RESIDE AT 1839 EAST PYRON. THE HOT WELLS MISSION REACH NEIGHBORHOOD ASSOCIATION SUPPORTS MISSION SAN JOSE IN REQUIRING BUSINESSES IN PROXIMITY TO THE MISSION TO MEET MISSION DESIGN, MANUAL CITY ZONING, AND OTHER OVERLAY REQUIREMENTS IN THIS AREA. UH, WE HOPE THAT IN THE FUTURE THE CITY WILL BE PROACTIVE AND LOOK FOR THESE TYPE OF BUSINESSES THAT MOVE IN AND MAKE SURE THAT THEY'RE IN COMPLIANCE. SO IT'S FAIR FOR ALL, UM, THE APPLICANT PULLING, UM, FOR A CONTINUANCE. UM, IT'S NOT GONNA PHASE US. WE'LL BE BACK NEXT TIME. THANK YOU. UH, BEFORE YOU GO, I ACTUALLY, I HAVE A QUESTION FOR YOU. DID DID THE APPLICANT REACH OUT TO YOUR ORGANIZATION TO DISCUSS ANYTHING ABOUT THIS REQUEST? OUR ORGANIZATION IS, UH, NEXT DOOR TO MISSION SAN JOSE. UM, I PERSONALLY KNEW OF THE SALE. I KNEW THE LAST OWNER, UH, ROBERT GARRA, UH, WHO HAD AN AUTOMOTIVE SHOP THERE. UM, BUT THEY SHOULD HAVE REACHED OUT TO THE NEIGHBORHOOD ASSOCIATION, I BELIEVE, AND MS. HENRY COULD ELABORATE FURTHER. THERE WAS, UM, WITHIN 200 FOOT SOME NOTIFICATION. UH, BUT THIS IS A HISTORIC DISTRICT AND WE HOPE THAT IN THE FUTURE, THE, UM, WORLD HERITAGE DEPARTMENT, OUR DISTRICT THREE AND OTHER CITY AGENCIES WILL DO THIS. SO IT DOESN'T END UP HERE. AND EVERYBODY KNOWS THE RULES BEFORE THEY, HE SPENT A LOT OF MONEY ON THAT PLACE AND IS THERE, AND, AND, AND IF THE APPLICANT WANTED TO REACH OUT AND ACTUALLY MEET WITH YOUR ORGANIZATION, THEY COULD DO SO IN THE NEXT MONTH. I PERSONALLY WOULD BE FINE WITH IT IN OUR NEIGHBORHOOD. WE WOULD WELCOME THAT KIND OF BUSINESS THAT PROVIDES JOBS TO THE COMMUNITY. I MEAN, IF, IF HE TOOK OVER WHERE THE CELLULAR PLASMA PLACE THAT WE GOT IS, UH, WE SHOULD BE JUMPING UP AND DOWN. WE ALREADY HAVE TWO AUTOMOTIVE SHOPS IN OUR NEIGHBORHOOD ASSOCIATION AREA, WHICH IS TO THE EAST OF MISSION SAN JOSE. BUT I'M SURE MRS. HENRY WOULD, UM, WELCOME THEM TOO. I MEAN, OKAY. ALL RIGHT. THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD. IS THE APPLICANT HERE? THE APPLICANT'S, UH, STATED THAT THEIR ATTORNEY WAS NOT AVAILABLE. UM, OKAY. I WAS JUST TRYING TO, TO FIGURE OUT IF THEY WERE, WHAT THE PURPOSE OF THE, UH, DELAY WAS, IS BECAUSE THEIR ATTORNEY IS NOT PRESENT. THEIR, THEIR ATTORNEY'S NOT AVAILABLE UNTIL THAT DATE. OKAY. IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION TO CONTINUE TO AUGUST 5TH. SO MOVED. COMMISSIONER BRAGMAN. UH, SECOND BY COMMISSIONER. UH, BARRINGTON. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. A MOTION PASSES. CASES CONTINUED. AUGUST 5TH. UM, I'M GOING TO BE MOVING UP, UH, ITEM NUMBER 11 TO BE HEARD FIRST. UH, IF, UM, I JUST WANTED TO CONFIRM. IT'S AUGUST 4TH. MONDAY THE FOURTH? YES. AUGUST 4TH. WHAT DAY DID I SAY THE FIFTH? I APOLOGIZE. ENDING IN 1 0 4. IT'S ITEM NUMBER. UH, 11. ALL RIGHT. GOOD AFTERNOON, COMMISSIONERS. ITEM NUMBER 11 IS BO OA DASH 25 DASH 1 0 3 0 1 0 4. THE ADDRESS BEING 4 1 4 REGINA STREET, ONE IN COUNCIL DISTRICT THREE, THE APPLICANT BEING NE DE LEON. UH, THIS IS A REQUEST FOR A VARIANCE FROM THE TRANSPORTATION AND STREET DESIGN REQUIREMENT FOR ALL LOTS [00:15:01] TO FRONT A PUBLIC OR PRIVATE STREET OR PLATTED, IRREVOCABLE INGRESS, EGRESS EASEMENT TO ALLOW FOR PRIMARY ACCESS AND FRONTAGE TO FRONT AN ALLEY. AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 60 FOOT LOT WIDTH TO ALLOW TWO DRIVEWAYS ON A 50 FOOT LOT. THE ZONING IS MF 33 MULTIFAMILY. THE SUBJECT PROPERTY FRONTS AN UNNAMED ALLEY JUST SOUTH OF THE BLOCK, FACING ALONG REGINA STREET BETWEEN SOUTH OLIVE STREET AND SOUTH PINE STREET. BEXAR COUNTY RECORDS INDICATE A RESIDENTIAL STRUCTURE HAS EXISTED ON THE PROPERTY SINCE 1920. THIS SITE IS A SUBJECT OF A 2022 DANGEROUS PREMISES INVESTIGATION DUE TO THE STRUCTURE'S DILAPIDATED CONDITION AT, AT THAT TIME. UH, AND THE HOMEOWNER IS IN THE PROCESS OF REPAIRING THE STRUCTURE TO RESOLVE THIS CASE. THE PROPOSED DESIGN ALLOWS ALSO INITIATES A DRIVEWAY WITH VARIANCE LIMITED TO 50 FEET ON THE LOT. HERE'S A PROPOSED SITE PLAN FOR THE DEVELOPMENT SHOWING THE EXISTING HOME TO BE REHA REHABILITATED, UM, AND THE TWO DRIVEWAY CUTS ON THAT PROPERTY AS PROPOSED. HERE'S A CURRENT VIEW OF THE PROPERTY CURRENTLY UNDER REHABILITATION, AND HERE'S THE VIEW OF THE SURROUNDING AREA. THAT'S THAT UNNAMED ALLEY AND GOING THE OTHER DIRECTION. AND HERE'S THE ALLEYWAY ENTRANCE OFF OF SOUTH OLIVE STREET AND THE ALLEYWAY ENTRANCE OFF OF SOUTH PINE STREET. STAFF. RECOMMENDATION FOR THE TRANSPORTATION STREET DESIGN AND DRIVEWAY VARIANCES STAFF RECOMMENDS APPROVAL AND BO OA DASH TWO FIVE DASH 1 0 3 0 1 0 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE EXISTING 20 FOOT ALLEYWAY IS PAVED AND SUFFICIENT TO SUPPORT PROPER INGRESS, EGRESS OF, OF RESIDENTS AND EMERGENCY SERVICE VEHICLES. AND TWO, THE INITIAL ESTABLISHMENT OF THE HOME AND THE SUBSEQUENT DEVELOPMENT OF THE AREA ARE SUCH THAT THE ONLY VIABLE OPTION FOR PRIMARY ACCESS TO THIS PROPERTY IS VIA THE EXISTING ALLEYWAY. STAFF MAILED 34 NOTICES ZERO WERE RETURNED IN FAVOR, ZERO WERE RETURNED IN OPPOSITION. AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION. GREAT. IS THE APPLICANT. UH, COME FORWARD, PLEASE, UH, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. HI, GOOD AFTERNOON. I'M ERICA RAGSDALE. I'M WITH THE CITY OF SAN ANTONIO. I'M ACTUALLY HERE ON BEHALF OF THE HOMEOWNER AS HE'S PARTICIPATING IN ONE OF OUR NEIGHBORHOOD AND HOUSING SERVICES DEPARTMENTS, HOME REHAB PROGRAMS. AND SO WE HAVE BEEN WORKING WITH THE HOMEOWNERS SINCE 2023. AND AS YOU CAN SEE, WE'VE MADE A LOT OF PROGRESS IN REHABBING THE HOME AND JUST HOPING TO, UH, GET THROUGH THESE TWO ITEMS TODAY SO WE CAN WRAP UP THAT PROJECT AND COMPLETE THE, THE HOME. I DID HAVE A PRESENTATION, BUT IT WAS SORRY. NO, YOU, YOU PRETTY MUCH COVERED IT ALL. UM, SO I'M, I WANNA RESPECT YOUR TIME. I DON'T WANNA REPEAT EVERYTHING. JUST LET ME KNOW IF YOU HAVE ANY QUESTIONS AND I'M HAPPY TO ANSWER. WELL, I HAVE SOME, A FEW QUESTIONS. UH, ONE, I DID SOME, I WAS LOOKING UP THIS PROPERTY 'CAUSE IT WAS BAFFLING TO ME A LITTLE BIT MM-HMM . BUT IT LOOKS LIKE IT'S, IT WAS DEVELOPED IN THE LATE 18 HUNDREDS AND THESE, THESE ARE ACTUALLY ALL CREATED AS LOTS. IT ISN'T, IT WASN'T PARTITION OFF. THEY WERE CREATED AS LOTS AND A HOME WAS BUILT MM-HMM . UH, AND THE ALLEY IS, UH, AT 20 FEET WIDE. UH, THEORETICALLY IF IT WAS PAVED THE WHOLE WAY, YOU COULD HAVE TWO WAY TRAFFIC, BUT WITH NO PARKING, UH, IS THE PURPOSE OF THE, OF THE ROUNDABOUT DRIVEWAY TO OFFER MORE POTENTIAL PARKING BECAUSE PARKING ON THAT ALLEYWAY IS NOT AVAILABLE DUE TO ITS WIDTH BEING BELOW 18 FEET OF PAVE ROAD. SURE. THAT'S, THAT'S ONE ADVANTAGE OF THE KIND OF THE CIRCLE DRIVE THAT'S PROPOSED. IT WOULD ALSO JUST ENABLE, UH, BETTER ACCESS AND CIRCULATION OF THE CAR THAT'S COMING IN AND OUT OF THE PROPERTY. AND THEN THE QUESTION PO POSSIBLY FOR STAFF IS, IS THIS ALLEY ALSO HAS OTHER HOMES THAT ARE THERE THAT ARE ACCESSED SOLELY BY THE ALLEY. I KNOW THE CODE BY DEFINITION, YOU CAN'T USE AN ALLEY AS A MEANS OF ACCESS, BUT ISN'T THERE SOME OTHER CODE, MAYBE IT'S A STATE CODE THAT, THAT SAYS THAT THE CITY CAN'T DENY ACCESS TO YOUR PROPERTY. IS IS THERE SOMETHING LIKE THAT THAT KICKS IN? I MEAN, BECAUSE I MEAN, I'M JUST SAYING IT'S A DEDICATED THERE, THEY, THERE THEY'VE BEEN LOTS FOR OVER A HUNDRED YEARS. SO I DON'T, I DON'T WANT TO GIVE LIKE A FIRM LEGAL OPINION HERE. I'M NOT AN ATTORNEY, BUT THERE IS SOMETHING, I THINK IT'S CALLED ACCESS BY NECESSITY, BUT THERE'S STATE LAWS THAT SAY YOU CAN'T SELL LAND AND THEN DENY ACCESS TO WHAT WAS SOLD. I DON'T KNOW HOW THAT WOULD ALL COME INTO PLAY HERE. OKAY. I'M JUST CURIOUS. UH, ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ, UM, IS THIS ALLEYWAY USED FOR TRASH PICKUP BECAUSE, UM, SOME OF THE HOUSES IT LOOKS LIKE IT IS, BUT YOU CAN'T REALLY SEE IT ALL THE WAY THROUGH. THIS HOUSE IS SERVED BY TRASH PICKUP FROM THE ALLEY. YES. OKAY, THANK YOU. YEP. IF THERE'S NO OTHER QUESTIONS, IS THERE ANYONE SIGNED TO SPEAK OR VOICEMAILS? NO. NO PUBLIC COMMENT. ALRIGHT, SO WITH THAT, I'M LOOKING FOR A MOTION [00:20:01] BRAGMAN, MR. BRAGMAN, REGARDING CASE NUMBER BO OA DASH 25 DASH 0 3 0 0 4. I MOVE THE BOARD OF ADJUSTMENT GRANT ONE, A VARIANCE FROM THE TRANSPORTATION AND STREET DESIGN REQUIREMENT FOR ALL LOTS TO FRONT A PUBLIC OR PRIVATE STREET OR PLATTED IRREVOCABLE INGRESS, EGRESS EASEMENT TO ALLOW FOR PRIMARY ACCESS IN FRONTAGE TO FRONT AND ALLEY. AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 60 FOOT LOT WIDTH TO ALLOW TWO DRIVEWAYS ON A 50 FOOT LOT SITUATED AT 4 1 4 REGINA STREET. WHAT WAS THAT ONE? UH, APPLICANT BEING NA DEON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE EXISTING 20 FOOT ALLEYWAYS PAVED AND SUFFICIENT TO SUPPORT PROPER INGRESS GRAS OF RESIDENCE AND EMERGENCY SERVICE VEHICLES. ADDITIONALLY, THE DOUBLE DRIVEWAY WILL PERMIT ADDITIONAL OFF STREET PARKING TO KEEP THE ALLEY CLEAR. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE HOMEOWNER WOULD BE HELD TO THE RULES AND REGULATIONS OF A NEW HOME DEVELOPER, WHICH WOULD SIGNIFICANTLY INCREASE COST AND ADVERSELY AFFECT THE PROJECT'S VIABILITY. IN THIS CASE, THE APPLICANT'S INTENT IS ONLY TO REHABILITATE THEIR HOMESTEAD. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THESE VARIANCES WOULD SUPPORT THE INTENT OF THE CODE AS THE ALLEYWAYS 20 FOOT WIDE PAVED AND CURRENTLY BEING USED AT SOLE MODE OF INGRESS EGRESS TO THE SUBJECT PROPERTY. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THESE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THESE ADJACENT PROPERTIES ALREADY HAVE PRIMARY ACCESS FROM, UH, COMPLIANT ROADS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY OF 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 ARE NOT MERELY FINANCIAL. THEY'RE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED DUE TO THE ORIGINAL PLACEMENT OF THE HOME AND THE WAY THE SURROUNDING AREAS HAVE SINCE DEVELOPED THE EXISTING ALLEYWAY REMAINS THE ONLY PRACTICAL OPTION FOR PRIMARY ACCESS TO THIS MOTION TO THE PROPERTY. END OF MOTION. SECOND. SECOND BY COMMISSIONER BENAVIDES. COMMISSIONER BREGMAN. UM, I'LL BE IN SUPPORT OF THE MOTION OBVIOUSLY IF THIS, UH, THESE PROPERTIES HAVE BEEN EXISTENCE SINCE THEIR EARLY, UH, 19 HUNDREDS. UH, THEY HAVE TO HAVE SOME ACCESS TO THEIR PROPERTY AND I DON'T SEE AN ISSUE WITH THE TWO DRIVEWAYS TO ALLOW FOR OFF STREET PARKING. SO I'LL BE IN SUPPORT. COMMISSIONER BEES, I AGREE WITH MY COLLEAGUE AL. BE IN FAVOR WITH IT. COMMISSIONERS LIKE TO ADD HEARING NONE THIS EVER ROLL CALL VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER PENEZ? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN. AYE. CHAIR ORIAN. AND I CONCUR AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. UM, ALRIGHT. NEXT ITEM. UH, I THINK ITEM TWO WITH WITHDRAWN. SO WE'RE ON ITEM NUMBER THREE FIRST. OH, I'M SORRY. GOOD AFTERNOON. UH, MY NAME IS TYLER ADAM, UH, PLANNER FOR DEVELOPMENT SERVICES. THIS IS SPECIAL EXCEPTION BO OA DASH 25 DASH 0 3 9 0. ADDRESS, 6 0 7 MASON STREET. UM, THIS IS A SPECIAL REQUEST TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT, UH, ON THE BLOCK FACE. UH, THIS IS, UM, ZONING, R SIX RESIDENTIAL SINGLE FAMILY AND GOVERNMENT HILL HISTORIC, UH, SUBJECT PROPERTY IS LOCATED 6 0 7 MASON STREET. SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE, UH, PER SECTION OR PER CITY CODE. UM, [00:25:01] YOU SPEAKING, UH, TYPE TWO SDRS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5%. THE TOTAL NUMBER, OH, UM, TYPE TWO SHORT TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12 POINT HALF PERCENT OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE. UH, THERE ARE 10 UNITS ON THIS BLOCK FACE. ONE ACTIVE TYPE TWO, UH, STR PERMIT ALREADY ON SIX 11 MASON STREET. UH, CURRENT DENSITY IS 10%. UH, IF AN ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 20% EXCEEDING THE 12.5%. UH, LIMITATION, UH, INVESTIGATIONS IN HISTORY SEPTEMBER 9TH, 2022, TYPE TWO STR APPLICATION WAS SUBMITTED, UH, WHICH WAS SUBSEQUENTLY DENIED ON DECEMBER 16TH, 2022. UH, CODE INVESTIGATION WAS OPENED DECEMBER 9TH, 2024, UH, FOR OPERATING WITHOUT AN SGR PERMIT. UH, IT WAS, UH, STATUS IS THAT NO, NO VIOLATION AS THE LISTING WAS NOT ACTIVE AT THAT TIME. DECEMBER 19TH, 2024, TYPE TWO STR WAS SUBMITTED. UM, PENDING BOA DECISION AS OF APRIL 16TH, 2025. THIS WAS AN ACTIVE LISTING, UH, EARLIER IN THE MONTH. UH, THE SITE PLAN AND THE SUBJECT PROPERTY AND SURROUNDING PROPERTIES , UM, AS WELL AS THE OFF STREET PARKING STAFF RECOMMENDS DENIAL, UM, FOR THE REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. UM, 33 NOTICES WERE MAILED OUT. ONE IN FAVOR, THREE IN OPPOSITION. NO RESPONSE FROM GOVERNMENT HILL ALLIANCE OR THE THREE CITYWIDE GROUPS. ALL RIGHT. AND THE APPLICANT IS HERE, UH, FOR ANY QUESTIONS. ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD. HI. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR, UH, APPEAL. HI, MY NAME IS LISA HENDRICKSON. THANK YOU FOR HAVING ME BACK AGAIN. UH, I DO HAVE A PRESENTATION. I'D LIKE TO, UH, I PUT IN A, A FAIR NUMBER OF EXHIBITS AND ADDRESS, UH, SOME OPEN ISSUES THAT WERE LEFT AT OUR LAST, UH, UH, HEARING, UH, FROM AN ANONYMOUS CALLER. IF I COULD, UM, ARE YOU READY? YEAH. OKAY. SO, UM, THANK YOU FOR HAVING ME BE HERE AGAIN TODAY. IF WE COULD GO TO SLIDE TWO PLEASE. JUST THE REVIEW OF OUR REQUEST. AGAIN, WE'RE LOOKING AT, UH, ASKING FOR THAT SPECIAL EXEMPTION PERMIT. UH, THIS IS OUR HOME. WE ARE NOT REAL ESTATE SPECULATORS. WE RENOVATED THIS HOUSE. IT IS A SECOND HOME FOR US, AND WE WILL TELL THE STORY OF HOW WE, UH, CAME TO BE OPERATING WITHOUT A PERMIT. UNBE, NO, TO US. IF YOU COULD ADVANCE THE, AT OUR LAST MEETING, WE DISCUSSED THE POSITIVE FINANCIAL IMPACT WE WERE MAKING WITH 6 0 7. AND AT THE LAST HEARING, AN ANONYMOUS CALLER HAD CAST A SHADOW ON OUR APPLICATION. AND I'D LIKE TO BE ADDRESSING THESE ALLEGATIONS THROUGHOUT THIS PRESENTATION. PLEASE FORWARD THAT. SO THE ANONYMOUS CALLER IMPLIED WE DO NOT USE OUR HOME AS A SECOND HOME OR A VACATION HOME. I HAVE EXHIBIT ONE IS A LETTER FROM MY NEIGHBOR, NANCY MONTY. NANCY'S MOTHER, MS. GLORIA WAS BORN IN THIS HOUSE. SHE'S A HUNDRED YEARS OLD, 101 YEARS OLD, AND NANCY WILL GO ON TO INHERIT THE HOUSE. THIS IS SIX 18 MASON. SHE SAYS, I SEE THEM LIVE. UH, I SEE THEM AS GOOD NEIGHBORS THAT TAKE CARE OF THEIR PROPERTY AND SPEND TIME LIVING AND WORKING IN THE HOME. SHE CAN SIT, SHE CONTINUES. I ALSO SUPPORT THE HENDRICKSON'S REQUEST FOR THE SPECIAL EXEMPTION. CURRENTLY BEFORE THE BOARD, NO MS. GLORIA CANNOT SIGN, UH, UH, THE, THE, UM, LETTER OF SUPPORT FOR US. BUT NANCY, HER DAUGHTER, DID EXHIBIT TWO WITH THIS THAT WE CAN THEN SHOW IS A LETTER FROM JOE ASHCRAFT. HE'S THE FORMER PRESIDENT OF THE GOVERNMENT HILL ALLIANCE NEIGHBORHOOD ASSOCIATION. HE SAYS, I'M WRITING TO EXPRESS MY FULL SUPPORT FOR MY NEIGHBORS, THE HENDRICKSONS AND THEIR REQUEST. FURTHER, HE CONTINUES, I CONSIDER FELIX AND LISA A POSITIVE, UH, ADDITION TO THE NEIGHBORHOOD AND HAVE BEEN A WELCOME GUEST IN THEIR HOMES SINCE THEY STARTED RENOVATING THE HOUSE IN 2019. THE ANONYMOUS CALLER ALLEGED THAT WE HAVE [00:30:01] KNOWINGLY OPERATED OUR HOME AS A SHORT-TERM RENTAL WITHOUT A PERMIT FOR YEARS. EXHIBIT THREE IS A LETTER, UM, I SENT IN OPPOSITION TO, UH, TO JUAN ALVAREZ, WHO COINCIDENTALLY IS THE SAME CASE MANAGER I HAVE WITH MY REQUEST ON FRIDAY, NOVEMBER 29TH, 2024 IN REGARD TO 6 0 8 MASON STREET'S. REQUEST FOR A SPECIAL EXEMPTION BO OA 24 DASH 1 0 3 0 0 0 2 2 0. AND I'D LIKE TO READ SOME KEY PASSAGES. MY HUSBAND AND I ARE THE OWNERS OF 6 0 7 MASON STREET. OUR HOME IS A RE IS REGISTERED WITH THE CITY OF SAN ANTONIO AS A SHORT-TERM RENTAL PROPERTY. ALTHOUGH WE DO STAY AT OUR HOME ON OCCASION, I CONTINUE THE RESPONSE TELLING JUAN ALVAREZ THAT OUR HOME IS PROFESSIONALLY MANAGED. WE SCREEN, WE HAVE A SCREENING SERVICE IF THAT'S OUR GUESTS. AND I SHARE MY CONCERNS ABOUT THE LACK OF A PARKING PLAN. AND I SAY IN CONTRAST, WE HAVE REAR ACCESS TO THE HOUSE WITH PARKING INSIDE OUR GATED BACKYARD. WE RESPECTFULLY OPPOSE A VARIANCE AND WE GO ON TO SAY WE DO WISH THEM GOOD LUCK AND SELLING THEIR PROPERTY QUICKLY AND GETTING THE PRICE THEY'D LIKE TO SECURE IT. THEY WERE APPLYING FOR THE PERMIT. THE HOUSE WAS UP FOR SALE. THEY HAD IT TO TRY TO RENT IT. THERE WAS ALL DIFFERENT WAYS. EXHIBIT FOUR IS A LETTER FROM AVALARA THAT WE SHOWED LAST TIME. IT SAID, I WANT TO BEGIN WITH ACKNOWLEDGING THE ADMINISTRATIVE OVERSIGHT BY AVALARA, MY LODGE TAX, WHICH LED TO A FAILURE TO FILE THE ORIGINAL APPEAL IN TIME AFTER THE INITIAL 2022 DENIAL. THIS WAS NOT DUE TO NEGLIGENCE ON THE PART OF MRS. HENDRICKSON, BUT TO THE LAPSE IN SERVICE THAT WE DEEPLY REGRET GIVEN THE OPPOSITION LETTER WHERE WE SHARE ABOUT THE CONDITIONS OF OUR SHORT-TERM RENTAL. AND IN FACT, WE ACKNOWLEDGE THAT WE RUN A SHORT-TERM RENTAL. AND THE LETTER FROM AVALARA STATING THE ERROR WAS NOT BECAUSE OF ANY NEGLIGENCE ON MY PART. I WOULD SUGGEST THAT IT WOULD BE ABSURD FOR ME TO KNOWINGLY AND WILLFULLY OPERATE A SHORT TERM RENTAL WITHOUT A PERMIT AND WRITE A LETTER TELLING THE CITY ABOUT OUR OPERATION. SO TWO QUESTIONS I BELIEVE HAVE BEEN ANSWERED THROUGH THE EVIDENCE. QUESTION ONE, DO THE HENDRICKSONS USE 6 0 7 MASON FOR THEIR OWN USE? YES. AND QUESTION TWO, WERE THE HENDRICKSONS KNOWINGLY OPERATING A SHORT-TERM RENTAL WITHOUT A PERMIT? NO. DATA AND EVIDENCE SHOWS US THAT THESE TWO ASSERTIONS MADE BY THE ANONYMOUS CALLER ARE PATENTLY FALSE CITY OF SAN ANTONIO. SO YOU COULD IMAGINE THAT MY LETTER OF PROTESTATION SET A CASCADE OF COMMUNICATIONS BETWEEN MYSELF AND THE CITY, MYSELF AND AVALARA, THE COMPANY I HIRED TO SECURE THE SHORT-TERM RENTAL PERMIT. AND THEN THE CITY AND AVALARA AS THE COMPANY WORKED TO RECTIFY THE SITUATION. ON DECEMBER 2ND, JUAN ALVAREZ EMAILED AND SAID THAT MY OPPOSITION WAS ADDED TO THE OPPOSITION LIST AND THAT MY SHORT-TERM RENTAL PERMIT WAS NOT ISSUED FOR THE HOME. AND I TOLD HIM THAT WE DO HAVE ONE AND POINTED TO AVALARA AND SAID THAT WE HAVE BEEN PAYING TAXES FOR YEARS AND HAVE THESE PERMIT NUMBERS. I'M I'M GONNA PAUSE YOU FOR A SECOND. YES, I I BEFORE YOU GET TOO IN DEPTH OF THIS, SO JUST TO, JUST TO MAKE SURE WE'RE CLEAR, DID YOU HIRED AAVA AVAL? IS THAT THE NAME AVALARA, TO BE YOUR MANAGER? NO, NO. THEY ARE A PERMITTING, TAX AND COMPLIANCE COMPANY TO APPLY FOR THE PERMIT, SET UP ALL THE TAX AND THE REPORTING WITH THAT TO WORK IN PARTNERSHIP WITH OUR PROPERTY MANAGEMENT. SO THERE'S A SEAMLESS STRAIGHT LINE FROM SO DID THEY, DID THEY FAIL IN GETTING YOU A SHORT-TERM RENTAL PERMIT? YES, BUT THEY NEVER SAID. OKAY. BUT HAVE THEY, HAVE YOU EVER BEEN ISSUED A SHORT-TERM RENTAL PERMIT? NO. OKAY. BUT I DIDN'T KNOW. OKAY. SO WE WENT INTO OPERATIONS, WE HIRED THE PROPERTY MANAGER WHO'S BEEN GREAT, AND I'M GOING TO ADDRESS SOME OF THESE THINGS. SO I WANT PEOPLE TO WALK AWAY HERE. NOT WE, WELL, WE HAD NO INTENTION OF BEING A SCOFF LAW TO SAY, I'M JUST GONNA GO. WELL, NO ONE'S ACCUSING YOU OF THAT. YEAH, WELL, THE CALLER WAS, I JUST, WHAT, WHAT I'M TRYING TO DO HERE IS TO KEEP THIS GERMANE. YES. OKAY. SO WHEN YOU'RE HERE AS AN APPEAL AND WHAT THIS COMMISSION IS LOOKING FOR IS, WAS THERE A A A, AN ERROR BY THE CITY? WAS THERE SOME SORT OF, OF SECTION OF THE CODE THAT WOULD OPEN A DOOR FOR US TO, TO GRANT SUCH AN APPEAL? THAT'S THE KIND OF TRAIN OF THOUGHT WE'RE TRYING TO KEEP ON. IF YOU HIRED SOMEBODY THAT DIDN'T DO THEIR JOB, THAT'S NICE THAT WE KNOW THAT I GET THAT. I'M, YOU KNOW, THAT TAKES YOU IN A DIFFERENT POSITION THAN IF YOU DID SOMETHING ON PURPOSE. BUT I WANNA MAKE SURE THIS STAYS GERMANE, UH, TO, TO THOSE [00:35:01] POINTS THAT I HAD RAISED ABOUT YES, I'D LIKE TO SPEAK ABOUT WHERE WE WERE WITH THE CITY. SO WE, IF WE'RE TRAVELING WITH ALL OF THIS TRAIN OF THOUGHT, WHAT AVALARA THEN DID WAS WORK WITH JUAN ALVAREZ IN THE CITY TO RECTIFY THIS. AND WE GOT TO A PLACE WHERE WE RECEIVED AN EMAIL THAT SAID OUR PERMIT IS PENDING. RIGHT. AND SO FOR THAT, AND FOR AVALARA IMPLIED THAT IN FACT WE DO THIS WORK, YES, WE'RE THIS IS GOING TO HAPPEN. HOWEVER, WE HAD TO, THEY DIDN'T, WE DIDN'T HAVE THE CONCRETE PAD IN THE BAG. AND SO WE DIDN'T KNOW THAT THAT WASN'T IN COMPLIANCE. WHY AVALARA NEVER TOLD US IN WITH THEIR PERMITTING PROCESS THAT WE NEEDED TO HAVE THAT AS PART OF THE APPLICATION WAS TO BE IN, IN, IN COMPLIANCE WITH THAT. SO WE WEREN'T TOLD THAT EITHER. SO WE WENT ABOUT TO GO AHEAD AND DO THIS. AND SO THE TIMELINE FOR THE NOTIFICATION BETWEEN THE COMPLETION OF THE CONCRETE ENTRANCE AND THE PARKING PAD WORK WAS BETWEEN WEDNESDAY, JANUARY 8TH AND TUESDAY APRIL 8TH. THIS IS 64 BUSINESS WORK DAYS OR 90 CALENDAR WORK DAYS. AND IT INVOLVE FOUR DIFFERENT TOUCH POINTS WITH THE CITY, INCLUDING HISTORIC TRAFFIC, SHORT-TERM RENTAL AND CONSTRUCTION PERMITTING. SOMETIME DURING THIS TIMEFRAME IN FEBRUARY SIX 11, WINNER CIRCLE WAS GRANTED THE SHORT TERM PERMIT THAT SET THE NECESSITY FOR US TO BE HERE TODAY. AND AT NO TIME WERE WE INFORMED THAT UPON COMPLETION OF OUR WORK COULD WE BE TURNED DOWN FOR THE PERMIT. WE SPENT $4,318 AND 50 CENTS FOR CONCRETE WORK IN THE PARKING PAD AND ANOTHER $600 TO BE HERE TO APPEAR RIGHT. FOR A GRAND TOTAL OF $4,918 AND 50 CENTS. AND WE SHOULD HAVE HAD AN OPPORTUNITY TO DISCUSS IF WE WANTED TO GO THROUGH WITH THIS EXPENSE PRIOR TO MAKING IT, IF THERE WAS RISK INVOLVED. BECAUSE IF I DON'T GET THIS PERMIT, WHICH I BELIEVE THIS IS A VERY DIFFICULT UPHILL CLIMB, I JUST SPENT $5,000 NOT KNOWING THAT I MIGHT NOT GET SOMETHING FOR THAT EXPENDITURE. WHAT WOULD I HAVE SPENT AND MY PLAN FOR IT, I WOULD'VE GOTTEN A WATER FILTER, A WATER SOFTENER TO GO WITH MY TANKLESS WATER HEATER. I NEED TO FIX THE SKIRTING IN MY HOUSE. IT COULD HAVE GONE A FAR AWAY THAT $5,000. BUT WHAT I HAVE NOW IS A CONCRETE ENTRANCE TO THE BACK OF MY HOUSE THAT IS USELESS TO ME AS, AS AN OWNER AND A CONCRETE AND, AND A, AND A PARKING PAD. I REALLY DON'T WANT FROM AN AESTHETIC STANDPOINT, THE REASON WHY IT'S THERE IS TO BE IN COMPLIANCE. NO ONE AT ANY TIME TOLD US THERE WAS A RISK THAT WE WOULD NOT GET THIS PERMIT. SO I MEAN, I CAN CARRY ON WITH, WITH MORE OF THIS. AND SO SLIDE SEVEN WITH NOTES AND CONDITIONS, ALL OF THIS IS GOING ON BECAUSE WE, WE WORK FULL TIME LIKE THIS. WE'RE NOT REAL ESTATE PEOPLE. YOU KNOW, THIS IS, THIS IS A HEAVY LOAD AND WE GOT IT DONE IN 64 DAYS. OKAY. 64 BUSINESS DAYS. I I UNDERSTAND WHAT'S HAPPENING. SO STAT, DID THEY, DID THEY, THIS APPLICANT, THEY OWE ANY HOT TAX AT THIS MOMENT IN TIME? THEY'RE CURRENT AT THIS TIME. THEY'RE CURRENT. OKAY. UH, TO CLARIFY, IN THE NEW SYSTEM AVENUE WHEN WE TRANSITIONED IN JUNE, 2023, SO WE ONLY HAVE HOT TAX INFORMATION FROM JUNE, 2023 TILL NOW. AND THEY ARE CURRENT FROM THAT PERIOD. OKAY. AND THE FIRST TIME THEY APPLIED FOR AN STR, THIS ADDRESS WAS IN 2022? YEAH. OKAY. DO YOU HAVE ANY EVIDENCE THAT THEY OPERATED BETWEEN 2022 AND WHEN THE NEW SYSTEM TOOK OVER IN 2023? UH, NOT THAT WE CAN CHECK. WE CAN CHECK WITH OUR THIRD PARTY SYSTEM, ARI, BUT THAT'S NOT CONCLUSIVE EVIDENCE. BUT IN 2022, THEY, THEY WERE NEVER ISSUED AN SDR PERMIT. CORRECT. IT WAS PLACED ON HOLD PENDING BOA AT THAT TIME AND THEN SUBSEQUENTLY DENIED AFTER NO, NO APPLICATION WAS SUBMITTED. OKAY. DID AND THAT COMPANY THAT YOU HIRED, UH, DID, DID, WERE THEY INVOLVED IN 2022? YES, THEY WERE THE ONES, WE HIRED THEM TO DO PERMITTING, TAX AND COMPLIANCE BECAUSE WE'RE NOT EXPERTS AND THE RIGHT. UM, WELL I FEEL FOR YOU PAID THE MONEY, THAT'S, UH, IT JUST, I WANTED TO [00:40:01] MAKE SURE I GET THE TIMING RIGHT. YES. IVANIA. UH, THE LAST TIME, UM, YOU WERE HERE, THE FIRST HEARING, UM, YOU MENTIONED, AND WE SAW THE, THE HOUSE, YOUR NEIGHBORS WHO HAVE, UH, THE STR UH TWO. YEAH. ARE THEY ACTIVE RIGHT NOW? NO. ARE THEY STILL DOING RENOVATIONS IN THE HOUSE? THEY HAVEN'T STARTED RENOVATION. OKAY. THAT IS BY THE WAY, WHAT OUR HOUSE USED TO LOOK LIKE WHEN WE BOUGHT IT. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? I HAVE A QUESTION. YES, MR. I'M A LITTLE CONFUSED ABOUT SOME THINGS. DO YOU OWN THE HOUSE OR DOES THE, THE LADY WHO IS THE SENIOR CITIZEN THAT OWNS THE HOUSE? NO, I OWN THE HOUSE. OKAY. DO DID YOU HAPPEN TO BRING IN YOUR DEED? WE OWN THE HOUSE SINCE 2019 AND IF YOU LOOK AT YOUR ROLES IN, IN, UM, BEXAR COUNTY, WE HAVE BEEN PAYING TAXES SINCE 2019. THAT'S WHEN WE PURCHASED OUR HOUSE. I I UNDERSTOOD YOU TO SAY THAT THAT SENIOR CITIZEN OWNED THE HOUSE AND IT WAS GONNA BE WILL TO HER DAUGHTER. NO, NO, THAT'S SIX 18. IT'S A NEIGHBOR. OKAY. IT'S A NEIGHBOR. YOU KNOW, YOU DIDN'T CLARIFY THE DATES, SO THAT'S WHY I'M ASKING. NO, WE BOUGHT THE HOUSE IN 2019. AND SO HAVE YOU BEEN OPERATING IT AS A, UH, STR ONE? NO, WE, WE DON'T LIVE THERE. IT'S A SECOND HOME. THE FIRST THING WE DID DURING THE PANDEMIC IS RENT IT OUT AS A LONG-TERM RENTAL, UM, TO, TO A COUPLE. BUT WE ALSO HAD THAT PROFESSIONALLY MANAGED AND THE REASON WHY THERE'S NO 20 20 22 RECORD IS BECAUSE THOSE FOLKS WERE LIVING THERE IN 2022. SO WE HAD IT AS A LONG-TERM THEN. SO YOU HAD IT AS A LONG-TERM RENTAL WITHOUT PERMITS, IS THAT CORRECT? DO WE NEED A PERMIT FOR A LONG-TERM RENTAL? A PERMIT'S, YEAH, PERMIT'S NOT NEEDED FOR A LONG TERM. THAT'S YOUR RESPONSIBILITY, MA'AM, TO FIND IT OUT FROM THE CITY? I'M SORRY? WE SHOULDN'T GET A LONG TERM, UH, PERMIT WHEN SOMEBODY RENTS THE HOUSE, UM, OVER 31 DAYS FROM MY UNDERSTANDING. YEAH, YOU DON'T NEED, YOU DON'T NEED AN SDR PERMIT FOR THAT? NO. UM, I THINK WHAT I'M SEEING HERE IS, IS THAT YOU HAVE, UM, YOU HIRED A COMPANY THAT DIDN'T DO THEIR JOB AND UM, AND, AND YOUR NEIGHBOR CAME IN AND GOT AN SDR PERMIT. BUT THE WAY THIS, I'M JUST GOING TO BE ON A SIDE HERE. THE WAY THIS WORKS IS ONCE YOU HAVE THE PERMIT, IT'S GOOD FOR THREE YEARS, YOUR NEIGHBOR CAN THEN DO RENOVATIONS AND THEY HAVE THE PERMIT. YES. AND THAT WAS THE, THAT'S ONE OF THE ERRORS THAT OCCURRED AS FAR AS YOU, YOU MOVED FORWARD YES. BUT YOUR HOUSE MAY HAVE NOT HAVE BEEN IN A GOOD ENOUGH SHAPE TO ACQUIRE A PERMIT, IS THAT CORRECT? NO, OUR RENOVATION WAS DONE THROUGH T MY ARE YOU TALKING ABOUT SIX 11? I OWN 6 0 7. NO, I'M TALKING ABOUT 6 0 7. NO, 6 0 7 HAS BEEN RENOVATED AND THE RENOVATION WAS COMPLETED WHEN? BY 2021. 2021. SO YOU, SO WHEN YOU APPLIED FOR AN SDR PERMIT IN 2022, WHY WAS IT DENIED IF YOU WERE THE ONLY, I WAS NOT AVALARA PUT IN THE APPLICATION. THEY NEVER SAID IT WAS DENIED. OKAY. IN 2022, WAS IT, WHAT WAS THE REASON FOR DENIAL? UM, THE APPLICATION WAS PLACED ON HOLD PENDING BO OA DUE TO A TYPE TWO ALREADY B ON THE BLOCK PHASE. OH, THAT THEN IT WENT, IT HAD EXPIRED OR LIKE OWNERSHIP CHANGE BETWEEN 2022 TO 2025, THE NEW OWNER CAME IN. WELL YOU REALLY GOT THE SAME ON TOP OF THIS STUFF. IF YOU WANT PERMIT, CORRECT. YEAH. SO IT WAS PLACED ON ALL FOR, UH, DENSELY BEING MET AND PLACED ON HOLD. DID EVERYONE WITH THE COMMISSION FOLLOW THAT? NO. SO IN 2022, THIS, THE, THE HOMEOWNER AT 6 0 7 THROUGH THEIR, THEIR, UH, CONSULTANT APPLIED FOR AN SDR PERMIT. THERE WAS ALREADY ONE ON THE BLOCK FACE. SO THEY WERE, THEY NEEDED TO GO TO THE BO OA, AN APPLICATION DID NOT OCCUR AFTER THAT TIME. THE ONE THAT WAS ON THE BLOCK FACE CHANGED OWNER. SO THE, SO THE PERMIT WENT AWAY. THEY APPLIED AGAIN AFTER THEIR RENTAL WAS UP, BUT IN THE TIME THAT THEY WERE DOING RENOVATIONS, UH, PRIOR TO THE ISSUANCE OF AN SDR PERMIT, THE NEIGHBOR CAME IN AND, AND GRABBED THE PERMIT ON THE BLOCK FACE. SO THAT, THAT'S CORRECT. OKAY. STEVENS. WOW. OKAY. COMMISSIONER STEVENS, DO YOU HAVE ANY, ANY DIRECT CORRESPONDENCE FROM THE CITY TELLING YOU TO POUR THIS PAD IN ORDER TO OBTAIN A PERMIT DIRECTLY FROM THE CITY, NOT FROM YOUR THIRD PARTY GROUP? ABSOLUTELY. EXHIBIT SIX. AND THEY CAN, THEY CAN PROJECT IT FOR US. I THINK YOU HAVE THIS, TYLER. SO WE STARTED AND ASKED FOR INFORMATION HOW TO BE IN COMPLIANCE WITH THAT. PLEASE SHARE INFORMATION, PHOTOS WOULD BE HELPFUL. UM, THEN THEY SENT US TO, UH, THE TRAFFIC, UH, TEAM TO BE ABLE TO HELP US. THE TRAFFIC [00:45:01] TEAM, UH, UH, GAVE US A, A, A PICTURE, BUT IT DIDN'T NECESSARILY, UH, ANSWER ALL OF THE QUESTIONS. YOU CAN SEE THE ENTIRE CONVERSATION THERE. UH, THAT IS SO YES. ON JANUARY 8TH, STAFF DID INFORM THE APPLICANT THAT THEY WOULD HAVE TO PROVIDE A CODE COMPLIANT OFF STREET PARKING SPACE IN ORDER TO OBTAIN A PERMIT. THE APPLICANT WAS ALSO TOLD ON DECEMBER 18TH THAT THE BLOCK FACE DENSITY HAD BEEN EXCEEDED AND THAT THE BOARD OF ADJUSTMENT WOULD HAVE TO APPROVE THIS REQUEST. OKAY. THAT, THAT ANSWERS THOSE QUESTIONS FOR ME. IS THERE ANY OTHER COMMISSIONER QUESTIONS? OKAY. UM, EXCUSE ME. IS THERE ANY VOICEMAIL ANYONE SIGN UP TO SPEAK? IT'S FOUR VOICEMAIL QUESTIONS. UH, COMMISSIONER BROWN, UH, THE, THE WHITE, UH, PROPERTY THAT'S, THAT'S THERE ON THE SCREEN. I HAVE A YELLOW ONE ON MY SCREEN. SO IS THIS THE ONE THAT YOU ARE CURRENTLY RENOVATING? THE YELLOW ONE. THIS WAS THE HOUSE IN 2018 PRIOR TO BUYING IT. CAN YOU SHOW THE TITLE SLIDE PLEASE? THIS IS WHAT OUR HOUSE LOOKS. OKAY, THIS IS WHAT IT THE YELLOW, THIS IS THE YELLOW HOUSE NOW? YES. IS THAT CORRECT? CORRECT. OKAY. SO NOW I HEARD YOU SAY WHERE DO YOU LIVE? I LIVE IN BUTTA, TEXAS. OH, IN BUTTA. OKAY, SO YOU WANT JUST THE ONE HOUSE? I JUST HAVE THIS, I OWN A HOUSE IN BUTTA, TEXAS AND I OWN THIS HOUSE. OKAY. OKAY. WE GOT FOUR VOICEMAILS. ALL RIGHT, LET'S HEAR 'EM ALL. I'M THE OWNER OF THE HOUSE AT SIX ZERO TWO MASON STREET. MY PHONE NUMBER IS (402) 960-9422. THE LAST THREE DIGITS OF THE CASE NUMBER I'M CALLING ABOUT ARE 0 9 0 AND ONE OF SEVERAL NEIGHBORS WITHIN 200 FEET WHO STRONGLY DISAPPROVES OF THIS PETITION DESPITE FEAR OF RETRIBUTIONS. I'M LEAVING THIS RECORDING BECAUSE I FEEL IT NEEDS TO BE DONE. IN THE LAST HEARING, MS. HENDRICKSON ATTEMPTED TO DECEIVE THE BOA BY SAYING THAT THEY WERE NOT QUOTE UNQUOTE SCOFFLAW AND HAD ABSOLUTELY NO IDEA THAT THEIR STR WAS UNLICENSED. THE TRUTH IS THAT AFTER THE WARNING THEY RECEIVED FROM THE DSD FOR OPERATING AN UNLICENSED SCR ON DECEMBER 9TH, 2024, AFTER WHICH YOU QUICKLY FILED A PERMIT APPLICATION, THEY CONTINUED SDR IN THEIR HOUSE FULL-TIME WITH FULL KNOWLEDGE THAT THEY DID NOT HAVE A PERMIT TO DO. SO ACCUMULATING MANY REVIEWS FOR THESE LICENSED DRINKS. I WOULD LIKE TO ASK FOR MR. LOGAN SPARROW, THE DSD TO PLEASE CONFIRM THAT TO HIS KNOWLEDGE, THEY HAVE INDEED CONTINUED TO LOCALLY OPERATE THEIR UNLICENSED SCR AFTER DECEMBER 9TH, 2024, AND THAT HE HAS PERSONALLY SEEN PAGES OF THESE REVIEWS THAT HE'S UNLICENSED RENTALS. SECONDLY, ALL OF THEIR SEVEN PLUS UNLICENSED SCR LISTINGS, WHICH WERE ACTIVE DURING THE DATE OF THEIR HEARING ON JUNE 16TH, AND SOME OF WHICH ARE STILL ACTIVE TODAY, AVOIDED INCLUDING ANY PHOTOS OF THE EXTERIOR OF THEIR HOUSE. THIS SEEMS MORE CONSISTENT WITH SOMEONE TRYING TO EVADE DETECTION BY THE DIC THAN SOMEONE TRYING TO FOLLOW THE LAW IN GOOD FAITH. THIRD, MRS. HENDRICKSON FALSELY CLAIMED DURING THE JUNE 15TH HEARING THAT THEIR AIRBNB ACCOUNT LISTED THAT THEY WERE EXEMPT FROM HAVING AN SDR PERMIT NUMBER BECAUSE THEY HAD IN GOOD FAITH ACCIDENTALLY WRITTEN THEIR HOT TAX NUMBER IN THAT FIELD. INSTEAD, THIS IS NOT HOW AIRBNB WORKS. RESEARCH INDICATES THAT THE ONLY REASON IT WOULD SAY EXEMPT IS THAT THE HENDRICKSON'S FRAUDULENT SELF-REPORTED THAT PROPERTY IS EXEMPT. FOURTH, THEY'RE NOW AGAIN, UNDER INVESTIGATION FOR CONTINUING TO OPERATE AS AN UNLICENSED STR AS OF JUNE 19TH, AND THEY CONTINUE KNOWINGLY TO HAVE ACTIVE STR LISTINGS AND BOOKINGS EVEN NOW, ADDITIONALLY FROM WHAT I AND OTHER NEIGHBORS HAVE SEEN WITH GUEST CARS PARKED ON THE STREET IN FRONT OF THE HOUSE ON MOST DAYS. AND BASED ON THE AIRBNB LISTING FOR THE HOUSE SAYING IT IS, MY NAME IS MARLENE HAWKINS. MY PREVIOUS MESSAGE, I FORGOT TO GIVE THE CASE NUMBER. I LIVE AT 6 0 1 EAST CARSON AND WHEN WITH THE GOVERNMENT HEALTH COMMUNITY ASSOCIATION, THE UH, CASE NUMBER IS BOA TWENTY FIVE ONE OH THREE ZERO ZERO ZERO NINETY. AND MY TELEPHONE NUMBER IS TWO TEN THREE TWO TWO TWO FIVE SIX SEVEN. AND I ASK ON BEHALF OF THE MEMBERS THAT I'VE TALKED TO, FOR YOU TO PLEASE DENY THE REQUEST FOR A SECOND TYPE TWO AIRBNB ON THE 600 BLOCK OF MASON STREET. IT WOULD SIT RIGHT NEXT TO THE ONE THAT ALREADY HAS PERMISSION TO BE THERE. PLEASE, UH, DENY THAT REQUEST AND THANK YOU FOR ALL YOU DO AND CONTINUE TO PROTECT OUR NEIGHBORHOODS. THANK YOU. BYE-BYE. MY NAME IS NANCY MONTE, M-A-U-N-E-Y. ADDRESS, [00:50:01] SIX 18 MASON STREET, 7 8 2 0 8. LAST FOUR DIGITS 0 0 9 0. MY MESSAGE IS I WOULD LIKE TO AGREE WITH THE PROPERTY THAT IS IN QUESTION. I THINK IT'S 6 0 7 MASON STREET. AND THESE PEOPLE HAVE DONE A WONDERFUL JOB. THE OWNERS, UM, HAVE DONE A WONDERFUL JOB AND THEY SHOULD BE ABLE TO, UH, HAVE THEIR PROPERTY, UH, BECOME A BED AND BREAKFAST AGAIN. THEY'VE BEEN DOING IT FOR YEARS AND BEEN DOING A WONDERFUL JOB. THEY ARE AN ASSET TO OUR NEIGHBORHOOD AND ESPECIALLY THE 600 BLOCK. IF CODE, UH, THE CODE REINFORCEMENT COULD DRIVE DOWN THAT AREA, THEY WOULD SEE TERRIBLE CONDITIONS AT A LOT OF THE HOUSES ON MASON STREET THAT APPARENTLY ARE NOT BEING LOOKED AT. I KNOW THIS IS NOT THE FORUM FOR THAT, BUT I DO WANT TO ADD THAT BECAUSE THESE PEOPLE, UM, LISA AND UH, HER HUSBAND ARE AN ASSET TO THE COMMUNITY. THANK YOU. HI, MY NAME'S JOHN. I'M CALLING BECAUSE OF CASE NUMBER BO OA DASH 25 DASH 10 30 0 0 9 0. THIS IS FOR CASE MANAGER. TYLER, I'M CALLING BECAUSE I DON'T WANT ANY MORE OF THESE ON MY BLOCK. THERE'S ALREADY SEVERAL AND THEY ALL PARKED IN THE, IN THE STREET AND THEY MAKE IT REALLY HARD TO GET AROUND. THEY'RE ALSO VERY LOUD SOME NIGHTS AND THEY LEAVE TRASH. THEY LEAVE TRASH IN THE ALLEY AND I CAN'T DRIVE MY PICKUP DOWN THE ALLEY WHEN THERE'S TRASH IN IT. I GOTTA PICK IT UP. THERE'S ALREADY A LOT OF THESE IN THE NEIGHBORHOOD AND I DON'T LIKE THEM. AND PLEASE DON'T MAKE ME HAVE TO KEEP ANOTHER ONE PLEASE. THAT'S NOT A PUBLIC COMMENT. IS THERE, IS THERE ANYONE SIGN UP TO SPEAK? I HAVE A QUESTION. NO. OKAY, SO NO, I HAVE A QUESTION. YES, COMMISSIONER BROWN. UH, COULD YOU TELL ME, UH, FOR STAFF HOW MANY, UM, STR OR ONE OR TWO ARE ON THIS BLOCK? WE CAN PUT THE MAP UP ON THE SCREEN HERE. SO THOSE KIND OF ORANGE CIRCLES REPRESENT THE PRESENCE OF AN STR SPEAK? YEAH, I'LL SPEAK UP, BUT DO YOU HAVE A MICROPHONE OVER THERE? YEAH, BECAUSE I'M, I SWEAR IT IS HARD TO HEAR. HE HAD A LOT OF WHITE NOISE GOING ON IN HERE AND YOU CAN'T HEAR IT UNLESS YOU'RE IN THE MIC. OKAY. SO IF YOU LOOK AT YOUR SCREEN, THOSE ORANGE CIRCLES REPRESENT SHORT-TERM RENTALS. SO I COUNT SEVEN IN THE SAME BLOCK, NOT ON THE SAME BLOCK ON THAT WHOLE SCREEN ON THE SAME BLOCK. I COUNT THREE BOTH SIDES OF THE STREET. THREE. OKAY. SO YEAH, ISN'T IT SUPPOSED TO BE NO MORE THAN ONE PER BLOCK? PER BLOCK FACE PER BLOCK, YES. I'M SORRY. PER, SO IT'S 12.5% OF THE UNITS ON A BLOCK FACE ARE ALLOWED TO BE A TYPE TWO. EVERY PROPERTY CAN QUALIFY FOR A TYPE ONE. THAT'S WHERE THE OWNER LIVES ON SITE, RIGHT? THAT'S WHERE THE OWNER LIVES. BUT IS SHE, IS THIS GOING, THIS IS NOT GONNA BE A TYPE ONE, IS IT? THIS IS A TYPE TWO. TYPE TWO. SO THAT MEANS SHE'S NOT GONNA BE THERE, IS THAT CORRECT? CORRECT. THE OWNER IS NOT GENERALLY PRESENT. OKAY. SO THEY ALREADY HAVE THREE ON THAT BLOCK. WELL, THEY HAVE ONE. I'M SORRY. ONE, YEAH. SO IF, IF YOU LOOK AT THE ORDINANCE REGULATES BY BLOCK FACE, SO BY ONE SIDE OF THE STREET, NOT BOTH. SO IF YOU LOOK AT THE BLOCK FACE, THERE'S ONE AND IT'S THE PROPERTY RIGHT NEXT DOOR. IF YOU LOOK AT THE WHOLE BLOCK, BOTH SIDES OF THE STREET, THERE'S TWO ONE NEXT DOOR AND ONE KIND OF ACROSS THE STREET. ALL RIGHT. CAN I ADD SOMETHING JUST SUPER QUICK? HOLD ON A SECOND. UH, SO I HAVE A QUESTION FOR STAFF. SO IN 2022 WHEN THE APPLICANT APPLIED AND WAS DENIED BECAUSE IT WAS ALREADY WON ON THE BLOCK FACE AND THEY WERE TOLD TO GO TO THE BO OA, WERE THEY ALSO WAS, [00:55:01] WAS IT ALSO EXPRESSED THEY NEEDED A PARKING SPACE OR DID THAT NOT COME UP UNTIL 2024? UH, BASED ON OUR RECORDS, I ONLY SEE WAS PLACED ON HOLD PENDING BOA, NOTHING REGARDING PARKING AT ALL. BUT THE BOA COULD HAVE, COULD HAVE ATTACKED THE PARKING ISSUE AS WELL, CORRECT? 'CAUSE IT'S A REQUIREMENT OF OUR CODE. OKAY. ALRIGHT, UH, COMMISSIONER QUESTIONS? ANY OTHER COMMISSIONER QUESTIONS? MANANA COMMISSIONER MANANA S SO ON THE, IN 2022, THE ONE THAT WAS ON THE BLOCK FACE, UM, IS IT THE SAME ONE THAT'S CURRENTLY APPROVED ON THE BLOCK FACE RIGHT NOW? SO, UH, THE ONE AT, UH, NEXT DOOR, 2011 OR SIX 11, WE'RE PROBABLY GONNA NEED A MINUTE TO LOOK AT THAT. OKAY. OKAY. WHILE WE'RE WAITING, ANY OTHER COMMISSIONER QUESTIONS AND CAN I STATE SOMETHING? HOLD ON A SECOND. YES, IT WAS THE SAME PROPERTY. THE PERMIT THAT WAS THERE IN 2022 WAS RENDERED NULL AND VOID WHEN THE PROPERTY WAS SOLD. SO THE PROPERTY AT SIX 11 HAD A, HAD A TYPE TWO SHORT TERM RENTAL WAS SOLD AND THEN THE NEW PERSON RE-REGISTERED FOR ANOTHER SHORT-TERM RENTAL. CORRECT. OKAY. ALL RIGHT. SO WHAT WE DO IS AFTER WE HEAR FROM THE PUBLIC AND WE HEAR A ROUND OF QUESTIONS, WE ALWAYS GIVE THE APPLICANT, UH, THE ABILITY TO REBUT OR EXPRESS THEIR, THEIR THOUGHTS BASED ON WHAT THEY JUST HEARD. AND SO PLEASE, UH, LET US KNOW WHAT YOU THINK. OKAY. I JUST WANNA ALSO SAY WE HAVE PROFESSIONAL MANAGEMENT. THE REASON WHY WE'RE ON ALL OF THESE DIFFERENT WEBSITES AND SUCH IS WE HIRED A REALLY GOOD COMPANY. THAT'S THEIR JOB. THEY, THEY MARKET AND ADVERTISE. AND I'D LIKE TO JUST READ BRIEFLY FROM A LETTER THAT WE GOT FROM OUR MANAGEMENT COMPANY THAT'S EXHIBIT 14. UM, GREG STATES IN HIS LETTER ONE FINE, B AND B IS THE EXCLUSIVE AND AUTHORIZED PROPERTY MANAGEMENT COMPANY FOR THE SHORT-TERM RENTAL LOCATED AT 6 0 7 MASON STREET. FURTHER, GREG ADDS, AS HE WRITES, AS A FULL SERVICE MANAGEMENT PROVIDER, ONE FINE. BMB IS RESPONSIBLE FOR ALL ASPECTS OF THE TIES. SHORT-TERM RENTAL OPERATIONS, INCLUDING MARKETING AND LISTING THE PROPERTY ON PLATFORMS SUCH AS AIRBNB, VBO AND BOOKING.COM, MANAGING, BOOKING, INQUIRIES, RESERVATIONS AND CALENDAR, PROVIDING 24 7 GUEST COMMUNICATION AND CUSTOMER SUPPORT, COLLECTING GUEST PAYMENTS SERVICES AND APPLICABLE TAXES, COORDINATING PROFESSIONAL HOUSEKEEPING, NO OWNER INVOLVEMENT IN THE DAY-TO-DAY OPERATIONS. ONE FINE B AND B BOOKS THROUGH ALL OF THESE PLATFORMS, RIGHT? AND THE PLATFORMS CALCULATE THESE TAXES IF ANYBODY'S EVER STAYED AT AN AIRBNB, RIGHT? YOU PAY THROUGH THE PLATFORM, THEY COLLECT TAXES, THEY DO ALL OF THAT WORK. SO WHAT I WAS TRYING TO DO BY HIRING PROFESSIONAL MANAGEMENT IS ONE, USE OUR SCREENING SERVICE. SO WE DIDN'T HAVE PARTIES OR PEOPLE WHO THREW TRASH OUT IN AN ALLEY OR ANYTHING LIKE THAT. THAT'S RIGHT. WE, WE STAY AT THIS HOME TOO. THIS ISN'T JUST A MONEY MAKING, IT'S REALLY NOT. AND I WANTED TO CONNECT THEM WITH AVALARA. SO WE HAD A THROUGH LINE BETWEEN ANYTHING THAT ISN'T COVERED FROM BEING PAID THROUGH THE APP, THAT THAT MONEY THEN GETS POSTED THROUGH AVALARA AND PAID. I WAS LOOKING TO BE PERFECTLY IN COMPLIANCE. AND SO I'D LIKE TO SUGGEST THAT THE CALLER, WHICH I BELIEVE AT 4 2 0 IS SAN JOSE, CALIFORNIA IS 6 0 8 MASON, WHICH WAS HOW WE GOT HERE TODAY WHEN I SENT A NOTE IN OPPOSITION TO HIS REQUEST. AND THAT'S WHAT CASCADED ALL OF THESE THINGS. I'D ALSO LIKE TO SUGGEST THERE'S PROFESSIONAL, YOU KNOW, REAL ESTATE PROPERTY. WE'VE GOT SIX 10, WHICH IS A SHORT TERM RENTAL ONE, AND THAT'S DALTON AND HIS FAMILY AND THEY OPERATE THAT AND SIX 11 WINNERS CIRCLE. I IMAGINE THAT THEY ARE PROFESSIONAL REAL ESTATE COMPANIES. I AM NOT ONE OF THOSE. AND SO, YES, GRANTED WE TRIED TO HIRE APPROPRIATELY TO GET THIS DONE CORRECTLY, BUT SOMEWHERE, AND THE WAY THAT THIS WAS EXPLAINED TO ME BY AVALARA IS THIS WAS AN ADMINISTRATIVE ERROR, RIGHT? I DIDN'T REALIZE THAT WE WOULD BE BLOSSOMING INTO THIS. I ALSO, THESE ARE ALL NEW PEOPLE AND OWNERS ON THE BLOCK AND THESE ARE NOT THE PEOPLE THAT I'VE MET AND DEALT WITH. PEOPLE LIKE NANCY AND MS. GLORIA, PEOPLE WHO USED TO LIVE AT, YOU KNOW, GARY WHO [01:00:01] WAS AT 6 0 1, WHICH IS NOW A TRIPLEX THAT WAS AN AIRBNB AND NOW IS NOT. I JUST WANNA SAY I, I UNDERSTAND LIKE NOT EVERYBODY LOVES TO HAVE A SHORT-TERM RENTAL PROPERTY IN THEIR NEIGHBORHOOD, BUT WHAT WE HAVE TRIED TO DO IS RUN IT IN A WAY THAT BRINGS EXCELLENCE, CARE FOR OUR NEIGHBORS IN THE NEIGHBORHOOD. EVERYTHING FROM BRINGING IN OUR OWN HIRING A PERSON THAT BRINGS IN AND OUT THE TRASH TROLLEY SO IT DOESN'T SIT IN THE STREET. OKAY? RIGHT. SO WE HAVE DONE AND GONE ABOVE AND BEYOND WHAT WE IMAGINE BECAUSE IT IS OUR HOME. THIS ISN'T JUST LIKE, OH, THIS INVESTMENT PROPERTY. AND AT THE END OF THE DAY, WHY DO WE WANT THE SHORT TERM RENTAL PERMIT? 'CAUSE WE USE THE HOME OURSELVES. GOT IT. THAT'S WHY WE WANT IT. WELL, THANK YOU VERY MUCH. WE'RE GONNA SEE, UH, THANK YOU. THE COMMISSIONER LIKE TO MAKE A MOTION ON THIS. ANYBODY MANNA MR. MANNA REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 0 9 0, I MOVE TO THE BOARD ADJUSTMENT GRANTERS SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 6 0 7 MASON STREET, APPLICANT B AND LISA HENDRICKSON. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED 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 THEIR REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THIS PUBLIC'S 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 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 PROPERTY CONSISTS OF SINGLE-FAMILY, MULTI-FAMILY STRUCTURES. THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT'LL BE SUBSTANTIALLY INJURED NEIGHBORING PROPERTY AS A TYPE TWO SHORT TERM RENTAL. D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITY ACCESS AND OPEN SPACE E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTIONS DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES. CONVICTIONS, UH, FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22, UH, THE CITY CODE WITH ONE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS OF CHAPTER 16. THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION WITH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES, THE PROPERTY OWNER PROVIDING, UH, OFF STREET PARKING TO MAINTAIN IT AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CARE OF THE DISTRICT AND LOCATION, WHICH IS PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION. I'LL SECOND THAT SECOND BY COMMISSIONER BARRINGTON. COMMISSIONER MANON. SO, UM, ONE OF THE THINGS THAT I THINK WE TALKED ABOUT LAST TIME WAS GOING OUT TO REACH OUT TO THE COMMUNITY, UM, AND, AND GETTING, YOU KNOW, GOVERNMENT HILL ENGAGED IN THE DIALOGUE. AND I DON'T NECESSARILY KNOW THAT, UH, UH, THAT OCCURRED, BUT THE, THE CALLER DID COME IN REP AND I BELIEVE REPRESENTING GOVERNMENT HILL AND WAS IN OPPOSITION. AND, UM, AND WHEN I HEAR, UM, COMMUNITIES BEING IN OPPOSITION, THEN I KIND OF HAVE TO FAVOR WITH THEM AS WELL. SO I WILL NOT BE SUPPORTING THIS MOTION. I DO. COMMISSIONER BARRINGTON, UH, UM, I WILL SUPPORT THE MOTION BECAUSE I THINK THE APPLICANT HAS GOTTEN CAUGHT IN A TANGLE FOR WHICH, UH, YOU ARE CERTAINLY NOT CULPABLE. YOU'VE OBVIOUSLY INVESTED A SIGNIFICANT AMOUNT OF MONEY TO, UH, REHABILITATE THIS HOUSE TO A VERY HIGH STANDARD. AND, UM, I'M A LITTLE NERVOUS ABOUT BEING RIGHT NEXT DOOR TO ANOTHER ONE. BUT, UH, UNDER THE CIRCUMSTANCES, UH, I THINK WE SHOULD APPROVE THIS EXCEPTION IF, ALL RIGHT. ANY OTHER COMMISSIONS LIKE TO ADD, IF I MAY JUMP IN VERY QUICKLY TO ADDRESS COMMISSIONER MANNAS COMMENTS. MY UNDERSTANDING IS THAT THIS IS A COMMUNITY WITH EFFECTIVELY TWO NEIGHBORHOOD ASSOCIATIONS. I BELIEVE THE PRESIDENT OF THE OFFICIAL REGISTERED NEIGHBORHOOD ASSOCIATION IS A ROSE HILL THAT WE DID NOT HEAR FROM KIND OF A SECOND. IT IS A REGISTERED COMMUNITY ORGANIZATION WAS REPRESENTED BY THE VOICEMAIL. SO I JUST WANNA MAKE SURE THAT THE BOARD UNDERSTANDS. THANK YOU FOR THE CLARIFICATION. OKAY. UH, I, I'M JUST GONNA ADD, I'M NOT GONNA BE OPPOSED TO THIS ONE. UH, AND, AND REALLY [01:05:01] THE, MY, MY REASONING IS, IS THAT, YOU KNOW, WHEN THIS APPLICANT ATTEMPTED TO DO THIS BACK IN 2022 AND, AND SHE COULDN'T DO IT, THEY PURSUED, UH, DOING A RENTAL. AND I THINK THAT THEY'RE BACK HERE TODAY. I AT LEAST, I PERSONALLY BELIEVE IS BECAUSE MAYBE THE, THE SHORT TERM, UH, THAT LONGER TERM RENTAL MAYBE WASN'T TOO CONDUCIVE TO THEIR SCENARIO. UH, AND SO THEY'RE GONNA TRY THIS TO SEE IF THEY CAN TRY TO RECOUP SOME OF THEIR INVESTMENT BACK. UH, AND ALSO I, I ACTUALLY LIKE THE FACT THAT IT'S NEXT TO ANOTHER ONE AND NOT HAVING SOMEBODY SURROUNDED BY ONE ON EITHER SIDE. SO, YOU KNOW, THE NEIGHBORING, UM, IT, IT, I JUST THINK IT HAS LESS OF AN EFFECT. SO FOR THIS ONE, I'LL BE IN SUPPORT. I MAY NOT BE THREE YEARS LATER IF IT PASSES, BUT WE'LL SEE. UM, LET'S HAVE A ROLL CALL. VOTE PLEASE. OH, BENAVIDES. OH, COMMISSIONER BENAVIDES. UM, I'M, I AGREE. I, I'LL BE IN SUPPORT OF IT. I THINK IT'S, UH, A SERIES OF UNFORTUNATE EVENTS AND I, I BELIEVE BACK IN JANUARY WHEN THERE WAS A PARKING ISSUE, SOMETHING POSSIBLY COULD HAVE BEEN DONE BETWEEN, UH, JANUARY AND IN APRIL WHEN IT WAS COMPLETED. IF THAT WOULD'VE BEEN COMPLETED QUICKER, YOU WOULD'VE HAD YOUR, YOUR PERMIT. SO, UM, UH, I'LL BE IN SUPPORT OF IT AS WELL. IS THERE ANY OTHER COMMISSIONERS LIKE TO ADD? OKAY, LET'S HAVE ROLL CALL. VOTE PLEASE. YEP. CAN I ASK ONE ANOTHER QUESTION? INSTEAD OF HAVING, UH, AN UH, STR TWO ON THE BLOCK, CAN SHE, CAN'T YOU JUST RENT THE, RENT THE PROPERTY? IF I, IF I DID, THEN I WOULDN'T HAVE ACCESS TO MY OWN PROPERTY. OKAY. WE'RE, WE'RE, WE'RE PAST OH YEAH, NO. WELL, I'M GONNA REOPEN THE PUBLIC HEARING SO YOU CAN ANSWER THAT QUESTION, BUT SORRY. OKAY. YEAH, BECAUSE REALLY OUR WHOLE POINT IS, IS WE'D LIKE SPENDING HOLIDAYS AT THAT HOUSE. WE LIKE INVITING OUR FAMILY OVER. AND IF WE HAVE IT AS A LONG-TERM RENTAL WITH RENTERS, WE WON'T BE ABLE TO DO ANYTHING WITH IT. AND WE'D REALLY LIKE TO STAY IN OUR HOUSE. IT'S IT PART OF WHY WE DID THAT. WE LEFT THE HOUSE. WE, WE REALLY DO. AND IT'S MAGIC INSIDE. OKAY. IS THERE ANY COMMISSIONER QUESTIONS BEFORE I CLOSE THE PUBLIC HEARING? GO BACK TO THE ROLL CALL VOTE. ALRIGHT, I'M CLOSING THE PUBLIC HEARING. UH, LET'S HAVE A ROLL CALL. VOTE ON THE MOTION ON THE TABLE. COMMISSIONER MANA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN? I DO NOT CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION DOES FAIL THOUGH. SIX TO FIVE 'CAUSE YOU HAVE TO HAVE NINE VOTES. SO IF YOU HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF. ALL RIGHT, ITEM NUMBER FIVE. GOOD AFTERNOON COMMISSIONERS. UM, ITEM NUMBER FIVE IS CASE BO A DASH 25 DASH 0 3 0 9 3. ADDRESS BEING 3 3 4 SINISA DRIVE AND COUNCIL DISTRICT SEVEN. THE APPLICANT IS EDGAR MANRIQUE, AND THIS IS A REQUEST FOR AN EIGHT FOOT SIX VARIANCE FROM THE MINIMUM 20 FOOT NCD SEVEN RESIDENTIAL FRONT YARD SETBACK STANDARD TO ALLOW FOR A DETACHED CARPORT WITH AN ANO WITH AN 11 FOOT SIX INCH FRONT YARD SETBACK. AND TWO, AN ELIMINATION OF THE NCD SEVEN RESIDENTIAL DESIGN STANDARD FOR SCREENING OF A DETACHED FRONT YARD CARPORT'S ROOFING MATERIAL. THE ZONING IS R SIX. UH, IN MARCH, 2025, CODE ENFORCEMENT INVESTIGATION FOUND, UH, EVIDENCE OF A VIOLATION FOR BUILDING A CARPORT WITHOUT A PERMIT. THE APPLICANT WAS INFORMED OF THE JEFFERSON NCD RESIDENTIAL DESIGN STANDARDS, [01:10:01] BY WHICH THE CARPORT DESIGN WOULD BE REVIEWED. THE NEIGHBORHOOD CONSERVATION STANDARDS STATE THAT THE A FRONT YARD SETBACK MINIMUM IS 20 FEET. AND TO CLARIFY THAT CARPORTS SHALL BE ENTIRELY WITHIN THE FRONT YARD SETBACK, UH, THE CONSERVATION STAND STANDARDS. ALSO, STATE CARPORTS SHALL HAVE A FLAT ROOF WITH BASEBOARD SCREENING OF THE ROOFING MATERIAL. THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT WAS ESTABLISHED ON APRIL 16TH, 2009, AND THE ISSUANCE OF THEIR BUILDING PERMIT IS PENDING THE RESULT OF THE BOARD'S DECISION. UH, HERE'S A SITE PLAN OF THAT DETACHED CARPORT SHOWING THE, UH, REQUESTED VARIANCE FOR AN EIGHT FOOT SIX, UM, EIGHT FOOT SIX VARIANCE FOR THE FRONT YARD SETBACK, AND, UM, THE ELIMINATION OF THE NCD STANDARD FOR ROOFING MATERIAL SCREENING. AND HERE ARE THOSE NCD STANDARDS SHOWN HERE IS THE SUBJECT PROPERTY. ON THE RIGHT THERE IS THE DETACHED CARPORT, ANOTHER VIEW OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA STAFF RECOMMENDATION FOR THE NCD CARPORT, SETBACK AND DESIGN VARIANCES STAFF RECOMMENDS DENIAL AND BO OA DASH TWO FIVE DASH 1 0 3 0 0 9 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED SET, REDUCED FRONT SETBACK AND NON-COMPLIANT DESIGN CREATES A CONSPICUOUS DISRUPTION IN THE APPEARANCE OF THE BLOCK FACE AND ALTERS THE CHARACTER OF THE FRONT YARD BY PLACING AN EMPHASIS ON A SPACE DESIGN FOR AN AUTOMOBILE RATHER THAN PROMOTING THE USE OF FRONT YARDS AS A SPACE FOR NEIGHBOR AND COMMUNITY INTERACTION. AND TWO, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT CREATE AN UNN UNNECESSARY HARDSHIP AS THE HOME HAS AN EXISTING ATTACHED GARAGE, WHICH COULD BE USED TO PROTECT THE OWNER'S VEHICLES FROM WEATHER DAMAGE IN LIEU OF A CARPORT. STAFF MAILED 26 NOTICES. SEVEN WERE RETURNED IN FAVOR, ONE RETURNED IN OPPOSITION. AND THE JEFFERSON NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. SHOWN HERE IS THE SUPPORT RECEIVED BY STAFF, AND HERE IS SHOWN THE OPPOSITION. AND I BELIEVE WE HAVE SOME ADDITIONAL ATTACHMENTS THAT I CAN PULL UP HERE IN JUST A SECOND, UH, TO SHOW IN SUPPORT. BUT THAT CONCLUDES STAFF'S PRESENTATION. OKAY. AND I, I HAVE TO GET A CLARIFICATION ON THIS SURE THING. SO THE, THE NCD SAYS THAT THE, THE SETBACK IS 20 TO 35 FEET. HOW FAR AWAY FROM THE FRONT PROPERTY LINE IS THE HOME RIGHT NOW IS THE HOME. UM, LET ME SEE. WE'VE, AND WHERE I'M GOING WITH THIS IS, IS THAT THE LANGUAGE SAYS THAT THE CARPORT SHALL BE ENTIRELY WITHIN THE FRONT YARD SETBACK. TO ME, THAT MEANS IF THE SETBACKS 30 FEET, THAT CARPORT HAS TO BE IN THAT 30 FEET. THAT'S HOW I READ THAT. AM I ANYONE ELSE NOTICING THAT? I'M SORRY. REPEAT THAT AGAIN. HOW ARE YOU? WELL, THIS, THIS LANGUAGE FROM THE PACKAGE SAYS THAT FRONT YARD CARPORTS SHALL BE ENTIRELY WITHIN THE FRONT SETBACK. SO IF THE FRONT SETBACKS, LET'S SAY 30 FEET, UM, SHOULDN'T THE, DOESN'T THE CARPORT HAVE TO EXIST WITHIN THE 30 FEET? I MEAN, IS THAT THE LANGUAGE FROM THE NCD VERBATIM? YES. THIS IS SCREEN GRABS FROM THE NCD. DOES ANYBODY, ANY OF THE COMMISSIONERS, UM, NOTICE THAT? OR IS IT JUST ME? THAT'S WHY I WAS ASKING LIKE HOW FAR AWAY THE HOUSE IS FROM THE FRONT PROPERTY LINE. 'CAUSE TO ME IT SOUNDS LIKE IT HAS TO BE, IT HAS TO BE IN THAT FRONT SETBACK AND OR, OR THAT'S THE VIOLATION OF THE NCD. AND ALSO I WOULD LIKE STAFF TO TALK ABOUT WHAT ADDING A BASEBOARD TO BLOCK THE ROOFING MATERIAL WOULD ACTUALLY LOOK LIKE. IS THAT LIKE A SHORT PARA PIT OR SOMETHING? OR WHAT? I COULD PULL UP AN EXAMPLE OF THAT. OKAY. SO WHEN WE'RE LOOKING AT THIS SHELBY ENTIRELY WITHIN THE FRONT BACK, FRONT YARD SETBACK WHERE IT DEFINES IT FROM 20 FEET TO 35 FEET. SO IT SHOULD BE WITHIN THAT AT LEAST BEHIND 2020 FEET. WELL, BUT IN THE ZONING CODE, WE DO SEE RANGES OF SETBACKS. LIKE SOMETIMES WE SEE THERE'S A MINIMUM AND A MAX, AND THAT JUST TELLS, WELL, THAT JUST TELLS ME LIKE WHERE THE HOUSE HAS TO BE. MM-HMM . AND THEN THERE'S ALSO A BLOCK FACE REQUIREMENT. AND SO FIRST, WHAT, WHAT IS THE SETBACK OF THE ACTUAL HOME SEPARATE FROM THE CARPORT AND WHATNOT? SO LIKE, WHERE IS THE FRONT SETBACK? I KNOW IT'S 20 FOOT MINIMUM, BUT IT'S SUPPOSED TO BE 20 TO 35. WHAT ARE THEY INVOKING ON THIS SITE? LIKE HOW FAR AWAY IS THE HOUSE FROM THE PROPERTY? IS IT WITHIN THE 20 FEET, THE 20% OF THE MEAN STRUCTURES WITHIN THE BLOCK PHASE? IS IT, IS THE HOUSE FULLY COMPLIANT? AND IF SO, IS IT NO MORE THAN 35 FEET AWAY FROM THE FRONT PROPERTY LINE? I GUESS I'M TRYING TO FIND THE, HOW IS THIS RELEVANT SINCE WE'RE LOOKING AT THE CARPORT? SO IF THE FRONT HOUSE IS 30 FEET AWAY, AS AN EXAMPLE, YES. 30 FEET AWAY FROM THE FRONT, FRONT PROPERTY LINE MM-HMM . IT MEETS A SETBACK REQUIREMENT OF BEING BETWEEN 20 AND 35 [01:15:01] FEET. CORRECT. AND THEN WE GO TO THE NEXT PART THAT SAYS THAT IF YOU, THAT THE CARPORT SHALL BE ENTIRELY WITHIN THE FRONT YARD SETBACK, WHICH IF IT'S ESTABLISHED TO BE, IF 30 FEET IS THAT SETBACK, THEN THE CARPORT HAS TO BE WITHIN THE 30 FEET, MEANING FROM THE PROPERTY LINE TO THE HOME AND, OR, OR THAT'S THE VIOLATION. YEAH. IT LOOKS LIKE STAFF IS SAYING THAT, THAT THEY'RE TAKING THE MINIMUM SETBACK OF 20 FEET AND SAYING THE CARPORT CAN'T BE ANY CLOSER THAN THAT. AND I THINK THAT'S THE OPPOSITE OF WHAT THE CODE IS SAYING. SO THE HOUSE APPEARS TO BE ABOUT THE 25 FOOT, UH, FRONT SETBACK. UM, I THINK THE WAY YOU'RE READING IT IS CORRECT. SO THAT, SO AS LONG AS THEY, IF THEY GET THIS VARIANCE, THEY WILL STILL BE TOTALLY WITHIN THE FRONT YARD ALLOWABLE SETBACK, I GUESS IT WOULD, OR FRONT YARD. I WOULD SAY THAT IT WOULD BE ALLOWED IN THE FRONT YARD. BUT WHEN I READ SETBACK, YOU KNOW, WITHIN THE SETBACK, THAT MEANS I'M SEEING IT THAT IT HAS TO COMPLY TO THAT FRONT 20 FOOT SETBACK. I MEAN I, I, I CAN, I WAS SPECULATING WHAT THE INTENT WAS, BUT WHEN I READ THAT SPECIFIC LANGUAGE, IT, IT'S, THAT TELLS ME THAT INTENT IS THAT IT HAS TO LIE WITHIN, WHICH WOULD'VE THEN ALLOW IT TO BE CLOSER THAN 10 FEET TO THE FRONT. I MEAN, UN UNLESS I'M MISSING SOMETHING HERE. SO THERE WOULD STILL NEED THAT, HAVE LEGAL CHIME IN. YEAH. THERE WOULD STILL NEED THE VARIANCE FOR THE FRONT SETBACK. UM, BUT THE OTHER PART THAT YOU WERE SAYING AT FIRST HAS TO BE BETWEEN THAT 20 FEET AND 35 FEET, IT WILL MEET THAT STANDARD. AND THAT'S, THAT'S ANOTHER ISSUE IS THAT IF THE NCD IS REQUIRING THE, THE CARPORT TO BE IN THE FRONT, THEN DOESN'T THAT OVERRIDE THAT 10 FOOT SETBACK? UH, 'CAUSE WE'VE SEEN THAT HAPPEN BEFORE. WHERE, WHERE CODE IS OVERRIDED, WHAT, I THINK IT JUST STARTS TO SQUEEZE YOUR CARPORT DOWN TO NOTHING, NOTHING . RIGHT. BUT, BUT WITHIN, I, I'M READING IT AS THE FIRST FROM THE PROPERTY LINE TO WHEREVER WITHIN THE SETBACK, WITHIN THE, YOU KNOW, 20 TO 35 FEET. THAT'S HOW I'M READING IT. IT'S LIKE AN OVERRIDE. SO ANY, ANY THOUGHTS FROM LEGAL? YEAH. SO IF, IF THEY GET THIS VARIANCE, THEY WILL STILL, THEY WILL BE BETWEEN, OR THEY WILL MEET THE 35 FEET MAXIMUM. UM, BECAUSE THE HOUSE IS AT THE 25 FEET. YEAH. SO ALL THEY'RE GETTING IS A VARIANCE FOR THAT 20 FEET. SO, SO RIGHT NOW THEIR CARPORT IS TECHNICALLY WITH ENTIRELY WITHIN THE FRONT YARD SETBACK OF 25 FEET. IT IS NOT BECAUSE THEY DON'T HAVE, THEY'RE, THEY'RE NOT ABIDING BY A 20 FOOT, 20 FOOT IN THE FRONT. OKAY. WHAT, WHAT IS REQUIRING A CARPORT TO BE 20 FOOT SETBACK FROM THE ROAD? NOT THE ROAD, UH, THE PROPERTY LINE. OKAY. SO I, I'M, I'M STILL, I HAVE TO SAY I DON'T AGREE WITH STAFF ON THIS BECAUSE OF THE LANGUAGE. CAN LEGAL, CAN YOU, IS THERE MY READING THIS INCORRECTLY OR WHAT, COULD YOU BRING UP A PICTURE PLEASE OF THE, OF THE HOUSE THAT IS THE PLAIN LANGUAGE? UM, I'M NOT FAMILIAR IF THERE'S EVER BEEN A PRIOR INTERPRETATION. I, I DUNNO ABOUT THE, THE EVOLUTION OF THE NCD STANDARDS. UM, BUT I THINK THERE'S, IT MIGHT BE THE USE OF THE TERM, UM, WAS MORE OF A DESCRIPTOR, UM, TO KIND OF DESCRIBE, YOU KNOW, THE, THE OVERALL PLACEMENT VERSUS THE ACTUAL, YOU KNOW, LINE. YEAH, THAT'S, I DON'T KNOW. I'D LIKE TO, I READ THE BLACK AND WHITE I GUESS. UM, SO YEAH, THE WAY WE'RE LOOKING AT IT, THEY'RE SAYING THE SETBACK SHALL BE BETWEEN 20 FEET. SO WE ARE LOOKING AT THAT 20 FEET AS THE MINIMUM FRONT SETBACK. THAT'S, THAT'S THE WAY WE'RE LOOKING AT IT. YEAH. AND OR SO I HAVE A QUESTION ALSO. YES. COMMISSIONER, COULD YOU BRING UP A PICTURE OF THE, UH, THE HOUSE, THE HOUSE WITH THE CARPORT ON IT? NOT, NOT THAT, THE ACTUAL HOUSE THAT YOU HAD. OKAY, SO I, I DON'T SEE THE PROBLEM HERE. IT'S NOT HANGING OVER THE STREET. THE HOUSE IS BACK FAR ENOUGH AND THE, THE, UM, THE OVERHANG GOES FROM THE HOUSE TO, WELL, HALFWAY THE YARD, THE POST. SO WHAT I DON'T SEE THE PROBLEM HERE, COMMISSIONER BROWN, THE REGULATION THAT WE REVIEW IT AS IS THAT THE CARPORT MUST BE SET 20 FEET FROM THE PROPERTY LINE. AND THIS CARPORT IS HOW CLOSE TO THE PROPERTY LINE. WE'RE LOOKING AT 11 AND A HALF FEET. 11 AND A HALF FEET. 11, 11 AND A HALF FEET AWAY. WHEN WE'RE SAYING THAT IT SHOULD BE 20 FEET AWAY. OKAY. GO BACK TO THE PICTURE. Y'ALL KEEP MOVING THE PICTURE. THIS IS NOT, SO YOU'RE SAYING FROM THE FRONT POST OF THE CARPORT TO THE STREET, IS IT ON 11 FOOT OR TO THE PROPERTY LINE? TO THE PROPERTY LINE, CORRECT. TO THE PROPERTY LINE. BUT IT'S NOT, IT'S NOT IMPAIRING ANYTHING. I, I DON'T UNDERSTAND. AND THIS IS AN NCD STANDARD. IF THIS WAS NOT AN NCD, UM, ACTUALLY D OVERHANG, IT WOULD GO FROM THE POLES AND IT, IT WOULD NOT BE AN ISSUE. UM, BUT BECAUSE THIS IS AN NCD STANDARD, THAT'S WHY IT'S UP HERE. YEAH. MY, MY BIG PROBLEM IS THAT THE NCD REQUIRES A HOME TO BE, LET'S SAY, A MINIMUM OF 20 FEET. IN MY, THERE'S A POINT WHERE I'M JUST NOT ALLOWED TO BUILD A CARDBOARD. IF I LOOK AT IT THE WAY STAFF IS LOOKING AT IT, AND, AND THE CO THE NNC, IF THE NCD INTENDED IT TO NOT EXIST WITHIN THE FRONT SETBACK, MEANING FROM THE PROPERTY LINE TO WHEREVER THE HOUSE IS, [01:20:01] THEN IT WOULD JUST SAY YOU CAN'T HAVE A CARPORT. I MEAN THAT'S, BUT TO THAT. RIGHT. AND I UNDERSTAND THAT, BUT TO THAT, THAT NOTICE, YOU'RE PRETTY MUCH SAYING THAT A CARPORT CAN GO TO ONE, LIKE LESS, LIKE UP TO THE PROPERTY LINE. YES, I AM. I'M SAYING THAT THE NCD STANDARD IS AN OVERRIDE OF THE CURRENT OF THIS, OF THE TYPICAL 10 FOOT REQUIREMENT THAT WE HAVE AND THAN ELSEWHERE. 'CAUSE NCDS CAN OVERRIDE THINGS. YES, THEY CAN, BUT THEY'RE USUALLY MUCH MORE RESTRICTIVE. SO STATING THAT IT CAN GO TO LIKE LESS, LIKE UP TO THE PROPERTY LINE WOULD GO AGAINST PRETTY MUCH ALL OF BEACON HILLS NCDS. YEAH. SO THAT'S WHY WE STATED THAT IT HAS TO MEET THAT 20 FOOT SETBACK. I, I THINK THAT THE CITY SHOULD REWRITE THIS SECTION BECAUSE THIS DOESN'T MAKE ANY SENSE TO ME, MADAM. I THINK IT'S COMMISSIONER MANNA. SO, UH, DID WE LOOK AT ANOTHER PROPERTY ON THE STREET? UH, 3 3 9 SINISA. UM, 'CAUSE IT HAS, UH, IT LOOKS TO BE A FAIRLY NEW CARPORT THAT WAS BUILT. AND I SEEM TO RECALL, YOU KNOW, THERE WAS A LOWER ONE AND A BIGGER ONE WAS PUT IN PLACE. DID, DID THAT ONE COME BEFORE US ALREADY? THERE WAS A CASE AT 3, 3 8 SINISA THAT WAS DENIED BY THE BOARD. I THINK THAT WAS IN 2022. AND THEN ALSO I JUST WANTED TO CLARIFY, UH, CHAIR ORIAN THE, WHAT WE'RE TALKING ABOUT WITH THE BASEBOARD COVERING THAT, UH, THE MATERIAL IS SOMETHING OF A FASCIA KIND OF JUST TO COVER THE END, THE, UH, ROOF. OH, OKAY. THAT'S KIND OF WHAT WE WERE RE THAT'S WHAT WE IT AS. GOTCHA. IS THERE ANY MORE COMMISSION QUESTIONS BEFORE WE HEAR FROM THE APPLICANT? ALRIGHT, IF YOU COULD STATE YOUR NAME AND TELL US ABOUT YOUR CARPORT. OKAY. DO YOU NEED THIS ONE? I'M SORRY. THAT'LL BE THE ONE THAT DIRECTLY ACROSS THE STREET. WE HAVE A PHOTO OF THAT HERE. OH, NO, NO. I DON'T THINK THIS ONE WAS SENT, SUBMITTED. IS IT, UH, THIS ONE RIGHT THERE ACROSS THE STREET. OH. OH, OKAY. YOU TOOK THAT ONE. OKAY. I'M SORRY. HELLO. I APOLOGIZE. MY NAME IS EDGAR MANRIQUE. I'VE LIVED AT 3 34 SINISA FOR 27 YEARS, I BELIEVE. AND, UH, MY WHOLE LIFE I'VE LIVED THERE AND, UH, WE NEVER KNEW THAT THERE WAS AN NCD IN THE NEIGHBORHOOD OR ANYTHING. I'VE ASKED ALL MY NEIGHBORS AND NOBODY EVER HEARD OF THIS OR, OR THEY WERE ALL LIKE, BOGLE, LIKE WHAT'S AN NCD? SO I HAD TO EDUCATE THEM WHEN I LEARNED WHAT IT WAS AFTER I PUT UP MY CARPORT. AND, UH, THE EXAMPLE THAT I USED WAS I SAW WHAT WAS THERE AND I ADJUSTED MINE AWAY AS, SO THERE'S LIKE 1, 2, 1, 2, 3 OTHER ONES BESIDE MINE ON THE SAME BLOCK. AND I MADE MINE SMALLER THAN ALL OF 'EM. AND SO I GOT THE NCD TO SAY THAT MINE IS TOO BIG WHEN JUST LITERALLY ACROSS THE STREET, MY NEIGHBOR HAS ALMOST TWO VEHICLES UNDER HER CARPORT SEE IT. AND THEN, BUT YET THEY'RE SAYING THAT MINE, I NEED TO MOVE. I'M SORRY. UM, AND IF I GO AND, 'CAUSE I'M LIKE, LIKE I SPOKE WITH JOELLE AND I SAID, OKAY, WE, WE ESTABLISHED OUR STARTING POINT, WHICH IS INTO MY DRIVEWAY ON THE APPROACH WHERE THEY SAY THE PIN, THE, THERE'S A PIN THERE. THEY SAY, OKAY, THAT'S WHERE WE START OUR MEASURING. SO WE GOTTA GIVE ALL THAT TO THE CITY, YOU KNOW, BEFORE, AND MY PROPERTY LINE STARTS. SO I TOOK PICTURES. IT SHOULD BE LIKE THE FIRST ONES I MEASURED PRECISELY, UM, AS YOU CAN SEE. OKAY, THAT'S OKAY. THE, THE ONE BEFORE THAT ONE, UH, I THINK GOING THE OTHER WAY. WELL, I, I TOOK PICTURES FROM THE STREET, LITERALLY FROM THE STREET WHERE YOU CAN SEE IT. AND THEN I WENT FORWARD AND I MEASURED TO WHERE THE PIN STARTS. SO THAT'S GROUND ZERO. SO I MEASURED 20 FEET FROM WHAT THE 10 CD SAYS I NEED TO BE BEFORE I CAN START. AND IT'S LIKE, I MEASURED IT AND I MEASURED THE, THAT'S THE OVERHANG. I HAVE A 30, 30 INCH OVERHANG. OKAY. SO RIGHT THERE IS, THAT'S THE 30 INCH OVERHANG THAT I MERGE IT UNDER GROUND. SO THE, THE, THAT MEASUREMENT RIGHT THERE COMES OUT TO 12 FEET, THREE INCH. OH, I WANTED TO MAKE AN AMENDMENT, I'M SORRY, FROM THE NUMBERS THAT THEY QUOTED, IT'S 12 FEET, THREE INCHES TO THE OVERHANG FROM THERE TO THE, THE VARIANT? NO, THE, THE SETBACK. 12 FEET THREE. AND THEN I NEED SEVEN FEET, NINE INCHES MORE TO GET TO THOSE 20 FEET THAT, THAT THEY'RE SAYING THAT I NEED TO BE AT. AND THAT 20 AND THAT SEVEN FEET, NINE INCHES ENDS UP AT MY BACK TIRE OF MY TRUCK. AND SO THEY'RE SAYING, SO I SAID, SO THIS IS WHAT THE NCD SAYS, MY CARPORT [01:25:01] HAS TO END RIGHT HERE IN THE BACK OF MY TRUCK AND IT'S GONNA STICK OUT. AND YOU KNOW, I SEE ALL THESE OTHER ONES ACROSS THE STREET. YEAH. YOU KNOW, SO, SO ABOUT THE, UH, THE, THE, UM, THE BASEBOARD SCREENING OF THE ROOFING MATERIAL, DID YOU UNDERSTAND WHAT THAT IS? THAT ONE, THAT'S, THAT'S ANOTHER THING. I ASKED THE CITY TO GIMME AN EXAMPLE AND THEY SAID, FIRST THEY TOLD ME, I WAS TOLD THAT I HAD TO COVER THE WHOLE ENTIRE BOTTOM OF MY CARPORT. THAT THAT'S WHAT IT WAS. THAT'S WHAT THE, AND I'M LIKE, I'VE NEVER SEEN A METAL CAR CARPORT COVERED FROM THE BOTTOM UP. AND THEN I'M LIKE, THAT'S WEIRD. I SAID, I DROVE AROUND LOOKING FOR ONE AND I NEVER FOUND ONE. AND THEN RECENTLY I, I WAS ADVISED THAT OKAY, IT'S, THEY'RE SAYING I NEED TO PUT A BOARD ALONG THE, THE FRONT OF, LIKE THE FASCIA ALONG ON THE METAL. AND I SAID, I'VE NEVER SEEN A CAR, I'VE NEVER SEEN A CARPORT THAT DID THAT. AND, AND THERE'S ONE ACROSS THE STREET DIRECTLY. IT'S NOT EVEN PAINTED MUCH LESS. HAS THAT FASCIA THAT THAT'S I'M BEING REQUESTED TO, TO PUT UP OR I'VE NEVER SEEN ANOTHER ONE THAT HAS THAT EITHER. ARE YOU, ARE YOU A, UM, WOULD YOU, WHILE YOU'RE AT THE PODIUM IS YES SIR, IS PUTTING A BOARD ALONG THE OUTSIDE OF THE FASCIA, IS THAT SOMETHING THAT YOU WOULD, YOU COULD DO OR DO YOU WANT OH, AND, AND WHEN I SAID THAT I COULD DO, BUT I, BUT I'M WOULD REQUEST A VARIANCE FOR WHY AM I GONNA BE THE FIRST ONE? 'CAUSE I'VE ASKED THE JEFFERSON ASSOCIATION, YOU'RE NOT THE, I'LL JUST TELL YOU YOU'RE NOT THE FIRST. SOMETIMES STAFF WHEN THEY'RE IN, IN THE AREA, OTHER PEOPLE GET, WILL HAVE TO COME BEFORE US TOO. UH, BUT YOU'RE DON'T, I MEAN, I MEAN, I, I, I'LL, I, I'D SAID I WOULDN'T, THAT I I COULD AGREE. OKAY. I COULD PUT THAT AND, UH, BUT I'M SAYING I, I, I WENT AROUND LOOKING FOR ONE, YOU KNOW, METAL CAR PORTS AND UH OKAY. I SAID I WOULD DO THAT. DO WE HAVE ANY VOICEMAILS OR ANYONE SIGN UP TO SPEAK? I HAVE THREE VOICEMAILS I WANT SPEAKER. OKAY. SO WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR THE VOICEMAILS IN THE SPEAKER AND THEN WE'LL BRING YOU BACK UP. SO IF THERE'S ANY QUESTIONS. OKAY. THANK YOU. MY PHONE NUMBER IS (210) 286-0718. MY ADDRESS IS 3 3 8 SUNIS DRIVE. I AM CALLING IN REFERENCE TO CASE NUMBER 0 9 3. HI. I AM A RESIDENT AT 3 3 8 DRIVE AGAIN AND A NEIGHBOR TO EDGAR AT 3 3 4 SINISA DRIVE. I AM WRITING IN SUPPORT OF THE CURRENT CARPORT AT THIS PROPERTY. THE CARPORT POSES NO HARM AND IS IN FACT A VALUABLE ADDITION TO THEIR HOME. IT PROVIDES PROTECTION FOR THEIR BELONGINGS AND CARS AND ENHANCES THE OVERALL FUNCTIONALITY AND APPEARANCE OF THE PROPERTY. WE HAVE LIVED IN OUR HOME FOR OVER 30 YEARS AND HAVE BEEN NEIGHBORS FOR JUST AS LONG IMPROVEMENTS LIKE THESE, ESPECIALLY WHEN MADE TO HOMES THAT HAVE BEEN PART OF THE NEIGHBORHOOD FOR DECADES. CONTRIBUTE POSITIVELY TO THE COMMUNITY AND HELP MAINTAIN ITS LONG-TERM VALUE AND APPEAL. THANK YOU FOR YOUR TIME AND CONSIDERATION. I AM IN FAVOR OF THIS REQUEST. THANK YOU. MY NAME IS TED RA, THE PRESIDENT FOR THE JEFFERSON NEIGHBORHOOD ASSOCIATION. MY, MY MAILING ADDRESS IS 2352 WEST MULBERRY, SAN ANTONIO, TEXAS 7 8 2 0 1. I'M CALLING IN REFERENCE TO THE AGENDA ITEM NUMBER FIVE. CASE NUMBER BO A 25 1 0 3 0 0 0 0 9 3. THE JEFFERSON NEIGHBORHOOD ASSOCIATION MET WITH THE APPLICANT TWICE REGARDING HIS REQUEST FOR THE TWO VARIANCES FROM THE JEFFERSON NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES. THE VARIANCES WILL HAVE AN ADVERSE IMPACT ON THE MASSING SCALE AND THE MATERIALS OF THE PROPOSED CARPORT. AND OUR IN TO THE NPD STANDARDS. WE CONSULTED WITH THE CITY CODE COMPLIANCE DIVISION FERNANDO MUNOZ CODE COMPLIANCE DISTRICT SEVEN SUPERVISOR, AND CONFIRMED THAT THE APPLICANT WAS CONTACTED BY CODE COMPLIANCE AT THE END OF MARCH FOR HIS UNPERMITTED CONSTRUCTION OF THE CARPORT. THE APPLICANTS APPLIED FOR A PERMIT WITH DSD ON APRIL 1ST, 2025, BUT NEVER COMPLETED THE PERMIT PROCESS. HOWEVER, HE DID COMPLETE THE WORK. THE APPLICANT IS AWARE OF THE NC NCD STANDARDS AS HE SHARED THAT HE HAD PREVIOUSLY SUBMITTED A RESPONSE FOR ANOTHER BOA CASE SEEKING A VARIANCE FOR THE JEFFERSON CONSERVATION DISTRICT STANDARDS FOR A CARPORT AS WELL. WE RESPECTFULLY ASK THE BOA TO UPHOLD THE JEFFERSON NCD STANDARDS AND DENY THE REQUEST BEFORE YOU TODAY WE SUPPORT STAFF'S RECOMMENDATION FOR DENIAL OF BOTH VARIANT REQUEST. THANK YOU FOR YOUR CONSIDERATION OF OUR COMMENT. [01:30:04] YES, MY NAME IS BIANCA MALDONADO. I'M PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. PO BOX 1 0 0 3 1 5 7 8 2 0 1. I'M CALLING IN REFERENCE TO AGENDA ITEM NUMBER FIVE, CASE NUMBER BO OA 25 1 0 3 0 0 0 9 3. THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION ABUTS THE JEFFERSON NCD ALONG WILSON BOULEVARD AS A DIRECT GOAL FROM THE, FROM NPNA IN THE JNA COMMUNITY NEAR NORTHWEST PLAN NPNA PARTICIPATED AND WAS INVOLVED AND SUPPORTED THE CREATION OF THE JEFFERSON NCD STANDARDS. OUR NEAR NORTHWEST PLAN SPECIFICALLY IDENTIFIED THE CREATION OF THE JEFFERSON NCD TO PROTECT THE ARCHITECTURAL CHARACTER OF THE NEIGHBORHOOD AND PROVIDE STANDARDS FOR AND FILL DEVELOPMENT AND CHANGES. NPNA WAS INVITED BY J AND A TO MEET WITH THE APPLICANT TWO TIMES TO DISCUSS THE APPLICANT'S VARIANCES REQUEST. MPNA ALSO RECEIVED AN UPDATE FROM CODE COMPLIANCE ON THE ACTIONS TAKEN FOR THE CONSTRUCTION, WHICH OCCURRED WITHOUT A PERMIT. FERNANDO MUNOZ, THE DISTRICT SEVEN CODE COMPLIANCE SUPERVISOR EXPLAINED AT THE END OF MARCH, A CODE OFFICER MADE CONTACT WITH THE A APPLICANT ON APRIL 1ST. THE APPLICANT APPLIED FOR A PERMIT WITH DSD, BUT DID NOT COMPLETE THE APPLICATION FOR THE PERMIT, NOR DID HE RECEIVE A PERMIT. THE, A APPLICANT UNFORTUNATELY COMPLETED THE CARPORT WITHOUT THE PERMIT AND CREATED A VIOLATION OF THE NCD STANDARDS, WHICH HE'S SEEKING A VARIANCE FOR TODAY. CODE COMPLIANCE ISSUED A CITATION FOR THE VIOLATION ON MAY 8TH AS THE SECOND INSPECTION WHEN A PERMIT WAS NOT OBTAINED AND THE WORK WAS COMPLETED. IT IS UNFORTUNATE THE APPLICANT DID NOT CHANGE HIS DESIGN TO MEET THE NCD STANDARDS, BUT COMPLETED THE WORK. THE REQUESTED VARIANCES HAVE AN IMPACT ON THE COMMUNITY WITH RESPECT TO THE POSITIONING MASSING AND MATERIALS. THE APPLICANT DID ADMIT TO US THAT HE WAS AWARE THAT HIS NEIGHBOR, HE HAD SUBMITTED AN OPINION FOR A BOA CASE ON A CARPORT FOR VARIANCES TO THE NCD STANDARDS. UH, SO HE HAD TO HAVE BEEN AWARE AT LEAST OF THE NCDA PERMIT AND THE NCD STANDARDS. AND IT'S VERY UNFORTUNATE THAT WE ARE WHERE WE ARE TODAY. WORK SHOULD NOT HAVE BEEN COMPLETED. I RESPECTFULLY ASK THAT YOU UPHOLD THE WORK DONE BY THE COMMUNITY TO ESTABLISH THE NCD STANDARDS AND PRIOR DENIALS OF THAT OCCURRED BEFORE BOA FOR THE SAME VARIANCES IN THE SAME NCE. THANK YOU FOR CONSIDERATION OF OUR COMP. AND THE ONE SPEAKER IS, UH, PATTY THAT NOTES CLOSE NOTES . ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. GOOD AFTERNOON. MY NAME IS PATTY ZIONS. I RESIDE AT 3 42 CSA DRIVE, ONE HOUSE OVER FROM THE SUBJECT PROPERTY RESIDENT OF DISTRICT SEVEN BOARD MEMBER OF THE JEFFERSON NEIGHBORHOOD ASSOCIATION. AND I AM HERE TO SPEAK IN OPPOSITION OF GRANTING THESE VARIANCES. CAN YOU BRING THE SLIDE UP WITH THE YELLOW, THE HOUSE THAT'S IN BETWEEN THE TWO OF US. THE APPLICANT, UH, SHOULD BE AWARE OF WHAT WAS REQUIRED OF HIM BECAUSE YOU'RE CORRECT. UH, MR. MANNA, I WAS HERE TWO YEARS AGO, THIS CARPORT RIGHT HERE, THAT HOUSE HAS, UH, FOUR TO SIX CODE VIOLATIONS FOR THAT CARPORT. THAT CARPORT REMAINS. IT WAS ERECTED WITHOUT A PERMIT, MUCH LIKE THIS AT THE TIME. THIS GENTLEMAN THAT WAS RESIDING IN THIS HOUSE, UM, WENT OFF ON ME LIKE A POP BOTTLE ROCKET IN MY FRONT YARD. BERATED ME, CURSED ME, TALKED HORRIBLY TO ME. AND, UH, THE APPLICANT WAS STANDING RIGHT THERE NEXT TO HIM THINKING I REPORTED IN WHICH I DID NOT. AND I JUST SAID, YOU HAVE TO HAVE A PERMIT GILBERT TO BUILD ANYTHING LIKE THIS. AS A LONGTIME PRESERVATIONIST AND FORMER PRESIDENT OF CONSERVATION SOCIETY ARE CODES THAT PROTECT OUR HISTORIC NEIGHBORHOODS AND OUR CONSERVATION NEIGHBORHOODS ARE VERY IMPORTANT. SO WHILE I UNDERSTAND THAT THERE ARE CARPORTS ON THAT STREET, THE NEIGHBORHOOD JEFFERSON NEIGHBORHOOD ASSOCIATION IS RAMPANT WITH CARPORTS THAT ARE GOING UP WITHOUT PERMITS. THE, IF PEOPLE CAME TO OUR NEIGHBORHOOD ASSOCIATION MEETINGS, THEY WOULD KNOW THAT THIS IS REQUIRED. THESE ARE REQUIRED. IT DOESN'T TAKE A ROCKET SCIENTIST TO KNOW THAT THERE'S CODES. CITIES HAVE CODES. CODES KEEP OUR NEIGHBORHOODS SAFE, AND THEY KEEP US COMPLIANT AND THEY MAKE OUR HISTORIC NEIGHBORHOODS AND OUR CONSERVATION NEIGHBORHOODS BEAUTIFUL. I UNDERSTAND. HE, HE DID STOP THE WORK. I, I KNOW THAT, UH, BIANCA MALDONADO AND TED GARRA DID SPEAK WITH HIM. THEY MET WITH HIM ON THE PROPERTY. THEY EXPLAINED TO HIM WHAT, WHAT THEY WOULD LIKE FROM [01:35:01] THE NEIGHBORHOOD'S PERSPECTIVE, WHAT'S REQUIRED BY THE CONSERVATION, UH, UH, WHAT THEY, WHAT THOSE DISTRICTS DICTATE. AND HE PROCEEDED TO COMPLETE THE CONSTRUCTION, AS YOU HEARD. HE STARTED IT WITHOUT A PERMIT. HE WAS STOPPED BY CODE COMPLIANCE AND THEN PROCEEDED TO CONTINUE ON HIS OWN PART. THERE HAS TO BE SOME ACCOUNTABILITY HERE WHILE, YEAH, THERE'S OTHER PEOPLE ON THE BLOCK. THOSE ARE OLD. SOME OF THEM HAD BEEN THERE FOR A WHILE. HE'S LIVED THERE 30 YEARS. THAT HOUSE THAT I LIVE IN, MY PARENTS BOUGHT IN 1948 AND I MOVED BACK TO IT THREE YEARS AGO. SO I HAVE A LOT OF LONGEVITY. I KNOW WHEN PEOPLE USED TO DROP, PARK THEIR CARS IN THEIR GARAGES AND THEY DIDN'T HAVE TO PARK THEM IN OUTSIDE, BUT, YOU KNOW, VERSUS SATIETY OF STUFF. SO, UM, I SPEAK IN OPPOSITION. I HOPE YOU'LL RESPECT THE REQUEST OF OUR NEIGHBORHOOD ASSOCIATIONS FROM MONTICELLO AND FROM JNA. AND I HOPE THAT YOU CAN CONVINCE THE APPLICANT TO GO AHEAD AND MAKE THE NECESSARY RESTRICTIONS OR THE, THE ACCOMMODATIONS TO SCREEN FROM THE STREET, PUT SOME FASCIA, IT, IT GOES AROUND THE COAT, IT AROUND THE POLES AND AROUND THE FASCIA, AND, UH, AND CORRECT HIS SETBACK SO THAT IT'LL BE IN COMPLIANCE, A COMPLIANT CARPORT IS ACCEPTABLE, A NON-COMPLIANT CARPORT IS NOT. SO I APPRECIATE YOUR TIME. I THANK YOU FOR WHAT Y'ALL DO. I KNOW IT CAN'T BE EASY. THERE'S SOME FAMILIAR FACES UP HERE AND SOME NOT, BUT Y'ALL HAVE A JOB TO DO AND I HOPE AT THIS POINT THAT YOU'LL DENY THE VARIANCES FOR THIS PROPERTY. THANK YOU VERY MUCH. THANK YOU MANNA COMMISSIONER MANNA PATTY. SORRY. YES. UM, SO ARE YOU AWARE THE DIALOGUE THAT WAS HELD, UM, BETWEEN, UM, TED, TED AND, UM, THE APPLICANT WITH REGARDS TO WHAT IT WAS GOING TO TAKE TO BRING IT INTO, UM, INTO AN AGREEMENT? I GUESS FOR WHAT IT WAS WHERE THEY SAID WOULD BE. OKAY, SO YOU TALKED ABOUT THE WRAPPING. YES. AND THEN, AND THEN AS FAR AS A DISTANCE YES. WAS IT, WAS IT ALL THE WAY EXACTLY TO WHERE IT WAS OR, OR SHAVE IT OFF PART OF IT? OR WAS IT, YOU KNOW, WHERE, DO YOU KNOW WHERE IT WAS WITH REGARDS TO WHAT THEY WERE EXPECTING? YES, AND, AND I, THIS IS THIRD PARTY 'CAUSE I DIDN'T KNOW THEY WERE MEETING THAT DAY, OR I'D HAVE JOINED THEM AND HEARD FIRST HIM, BUT I WAS NOT THERE. BUT BIANCA MALDONADO AND TED GARRA MET WITH THE APPLICANT AND EXPLAINED TO HIM WHAT THE GUIDELINES ARE, WHAT THE RULES ARE, AND IF YOU WANNA BE IN COMPLIANT, WE REQUEST THAT YOU SHAVE IT OFF AND WRAP IT AND BE THESE, THIS IS IT. THEY EXPLAINED TO HIM. AND IF ANY OF YOU KNOW, BIANCA MALDONADO, SHE KNOWS THESE THINGS IN AND OUT. SO, SO IF I UNDERSTOOD CORRECTLY THEN THE DISTANCE, SO THERE, SO THE COMMUNITY'S PERSPECTIVE WAS THAT THEY WEREN'T GIVING ANYTHING WITH REGARDS TO THE SETBACK REQUIREMENT. UH, BUT, BUT A WRAP WAS, WAS ACCEPTABLE FROM THEIR PERSPECTIVE AS FAR AS THAT PARKING? WELL, I THINK THEY WERE REQUESTING A SETBACK REQUIREMENT AND THE WRAP, RIGHT? THAT YES, THAT'S WHAT I WAS STATING. YES. YES. SO, OKAY. CORRECT. THE CARPORT BUILT IN ACCORDANCE WITH THE RULES IS FINE, BUT IT NEEDS TO BE BUILT IN ACCORD AND RULES AND NOT JUST BECAUSE THEY FEEL LIKE IT. I HAVE A QUESTION FOR YOU. SO YES, SIR. I HAVE A HUGE PROBLEM WITH THE WAY THIS IS WRITTEN, OKAY? MM-HMM . IS THAT A DETACHED CARPORT OR AN ATTACHED CARPORT? IS THAT CARPORT ATTACHED TO THE HOUSE? NO, IT IS NOT. IF YOU LOOK CAREFULLY, UH, YOU CAN SEE, YOU SEE WHERE THE FACE IS FOR THE ROOF OF THE ORIGINAL HOUSE. SO IT'S, THERE'S THAT LITTLE GRAY, LIKE A LITTLE SIX INCH MM-HMM . AND THEN YOU SEE WHERE THE METAL GOES, RIGHT UP THERE. THERE'S A A, YOU KNOW, MAYBE THAT PART IS CORRECT 'CAUSE IT CAN'T BE ATTACHED. NO, THAT'S WHAT I WAS ASKING. IF THAT CARPORT IS ATTACHED, BUT IT'S NOT, IT IS NOT. IT'S FREESTANDING. OKAY. IT IS NOT. AND NEITHER IS THE ABOMINATION NEXT DOOR. SO THE, SO WHEN THE CODE SAYS THAT IT HAS TO BE IN THE FRONT SETBACK, AND Y'ALL ARE INTERPRETING IT TO MEAN THAT IT'S NOT IN THE FRONT SETBACK, HOW, HOW WAS THAT? HOW WAS SOMEBODY SUPPOSED TO KNOW IF THE LANGUAGE OF THE CODE IS WRITTEN SO SPECIFICALLY THAT, YOU KNOW, IF, IF IF CITY STAFF AND THE NEIGHBOR ASSOCIATIONS ARE JUST GONNA DO WHATEVER THEY THINK IT OUGHT TO BE AS OPPOSED TO WHAT IT ACTUALLY SAYS, THAT KIND OF BOTHERS ME. AND I DON'T THINK THIS INDIVIDUAL IS VIOLATING THAT SETBACK REQUIREMENT AT ALL. WELL, IF YOU, I MEAN, AND WHEN YOU COME DOWN AND APPLY FOR A PERMIT AND, OR YOU GO ONLINE AND APPLY FOR A PERMIT, SUBMIT YOUR DRAWINGS AND YOU MEET WITH STAFF, AND STAFF IS SUPPOSED TO HELP YOU NAVIGATE THE PROCESS OF OBTAINING A PERMIT AND WHAT YOU'RE GONNA NEED TO DO. AND THAT'S ONE OF THE BIG PROBLEMS I HAVE WITH PEOPLE NOT OBTAINING A PERMIT FOR THE WORK THAT THEY DO WHEN YOU, YOU KNOW, IF YOU OBTAINED A PERMIT, WE WOULDN'T BE HERE RIGHT NOW BECAUSE ALL OF THAT WOULD'VE BEEN EXPLAINED THE SEMANTICS OF, YOU KNOW, 20 FEET THIS WAY. AND THERE THE OTHER ONE ON THE OTHER SIDE IS RIGHT ON THE PROPERTY LINE. THERE'S NO SIDE. BUT THIS ISN'T SEMANTICS. THAT'S [01:40:01] NOT, AND I UNDERSTAND WHAT YOU'RE SAYING, SAYING THE LANGUAGE OF THE CODE. I UNDERSTAND, BUT THE LANGUAGE OF THE CODE. BUT YOU DIDN'T WRITE THE CODE, YOU DIDN'T AND NEITHER DID I. AND THAT'S PART OF WHEN YOU HAVE REVISIONS OF CODE, HOW WE NEED TO ADDRESS THOSE THINGS. WHAT WHAT, WHAT SCARES ME THE MOST IS WHEN PEOPLE IN CHARGE APPLY WHAT THEY THINK THEY WANT IT TO BE AS OPPOSED TO WHAT IT'S WRITTEN AS. THAT SCARES ME MORE THAN A, THAN SOME STEVENS. MR. STEVENS, CAN I JUST ASK, UH, ASIDE FROM THEM NOT PULLING A PERMIT FOR THIS, WHICH IS BEING RESOLVED HERE REGARDLESS TODAY. THAT'S RIGHT. RIGHT. YEAH. WHAT SPECIFICALLY ABOUT THIS CARPORT DOES NOT MEET YOUR REQUIREMENTS PER THE NCD, THOSE ARE THE TWO, THE SETBACKS AND THE SCREENING FROM THE SCREEN. CAN, CAN YOU EXPLAIN THE SPIRIT OF THE SETBACK? WHAT IS REQUIRED BY THE, WHAT IS WRITTEN IN YOUR NCD? I WASN'T ON THE PLANNING FOR THAT, SO I DON'T KNOW HOW THAT, WHY THAT CAME ABOUT. I AM MORE FAMILIAR WITH HISTORIC PRESERVATION SETBACK AS CONSERVATION DISTRICT, BUT, UM, NOBODY HAD CAR PAR. I'M 72 YEARS OLD AND THERE WERE NO CARPORTS WHEN I WAS GROWING UP. I UNDERSTAND THAT. AND SO PART OF IT IS PRESERVING THE CHARACTER OF THE NEIGHBORHOODS. AND WHEN YOU TALK ABOUT, YOU KNOW, BLOCK FACES AND HOW YOU CHANGE WHEN ROOFS AND PORCHES AND THE CHARACTER OF THE FRONTS OF THE HOMES, WE DIDN'T HAVE CARPORT. SO NOW WE'RE MAKING CONCESSIONS TO HAVE PROTECTION FOR YOUR VEHICLES. AND THIS IS THE BEST CONCESSION THAT THEY CAME UP WITH AT THE TIME. I CAN'T SPEAK TO THE PEOPLE THAT WROTE THIS CODE, BUT I CAN SAY I SEE WHERE IT'S CONFUSING WHERE YOU'RE, WHERE YOU'RE SAYING THAT. 'CAUSE AFTER YOU SAID IT, I REREAD IT AND I THOUGHT, HMM. UM, BUT I DIDN'T WRITE IT. I DON'T ENFORCE IT. I'M JUST HERE TO GIVE YOU MY OPINION. THANK YOU. AND I THINK THAT IT WOULD BE A GOOD IDEA AS YOUR CHAIR OF THIS TO I, I, I DO THINK THAT WHEN INSTANCES LIKE THIS COME UP THAT IT'S IMPORTANT TO GO BACK AND REVISIT SOME OF THE LANGUAGE MM-HMM . JUST TO MAKE IT CRYSTAL CLEAR. BUT HEY, PRESERVATION IS ABOUT MANAGING CHANGE. WELL, BUT WE HAVE TO, WE HAVE TO LOOK AT WHAT'S IN FRONT OF US. YES, I UNDERSTAND. AND THESE ARE, YOU DO, WORDS ARE IMPORTANT, RIGHT? YEAH, I AGREE. SO THERE, THERE CAN'T BE A MOVING TARGET BASED ON PREFERENCE. MANA, COMMISSIONER MANNING. SO, SO I WILL SAY, UM, YOU KNOW, SO HAVING BEEN ENGAGED IN WRITING SOME OF THIS IN THE PAST, IT WAS REALLY THE CITY WHO WORDSMITH A WHOLE LOT OF WHAT IT WAS THAT WE WERE ASKING FOR. AND SO, SO TO ME, I WOULD, I WOULD SAY I WOULD GO TO THE CITY TO SAY WHAT IS BEEN WRITTEN AND WHAT IS THE DISTANCE, YOU KNOW, TO THE POINT BEING MADE HERE BY, UM, BY PATTY HERE IS, YOU KNOW, WHEN AN APPLICANT COME, WHEN SOMEBODY COMES IN TO ASK, THAT'S WHO I WOULD BE GOING TO FOR THAT AS A KNOWLEDGE EXPERT. AND IF IT IS HORRIBLY WRITTEN, YOU KNOW, I WOULD GO BACK TO THE CITY'S AND DON'T DISAGREE, YOU KNOW, IT COULD BE IMPROVED. BUT I WOULD ASK THE CITY, WHAT IS THE, WHAT IS THE WRITTEN WORD HERE AND WHAT IS CONSIDERED TO BE ACCEPTABLE WITH REGARDS TO, UM, THE PERMIT, YOU KNOW, THAT THEY'RE ASKING FOR. AND SO WHAT IS THE DISTANCE? YOU KNOW? AND THAT WOULD BE WHO I WOULD ASK AND WHERE I WOULD GO. OKAY. IS THERE ANYTHING, IF I CAN, UM, IF I CAN INTERJECT REAL QUICK. SO, UM, I'M, YOU'RE, I THINK YOU'RE RIGHT, UM, CHAIR, IF YOU'RE READING THIS, IT, IT SEEMS LIKE YOU CAN ONLY HAVE A 15 FOOT CARPORT BETWEEN THE 20 AND 35 FEET. I DON'T THINK THAT WAS THE INTENTION. AND AGAIN, NOT HAVING, BEING PART OF THE ONE, THE ONES THAT WROTE THIS, I BELIEVE THE ENTIRETY MIGHT BEING, UM, IN THE NORMAL CODE, THERE IS AN EXEMPTION FROM THE FRONT SETBACK THAT YOU CAN HAVE THE OVERHANG PAST THE FIVE FEET, AS LONG AS IT'S NO CLOSER TO THREE FEET FROM THE SIDE PROPERTY LINE. THAT MAY BE WHAT THEY WERE INTENDING. HERE. THERE IS NO OVERHANG EXEMPTION IN THIS NCD. SO THAT'S WHY THE FRONT SETBACK NEEDS TO BE AT THAT 20 FEET, NOT THE 20 FEET PLUS THE FIVE FOOT OVERHANG THAT IS NORMALLY ALLOWED BY THE CODE. UM, AGAIN, IT'S NOT A HUNDRED PERCENT CLEAR, BUT THAT'S WHAT I BELIEVE THAT THEY WERE GETTING AT. OKAY, THANK YOU. UH, LET THE APPLICANT COME BACK UP, PLEASE. ALL RIGHT, SO YOU HEARD A WHOLE BUNCH OF STUFF THAT'S IT'S TIME FOR, UH, TIME FOR A REBUTTAL. TELL US WHAT YOU THINK. ANYTHING YOU WANT US TO KNOW. UH, WHAT I'M ASKING IS TO, FOR THE VARIANCE, WHICH IS ONLY GONNA BE SEVEN FEET, NINE INCHES TO COMPLETE THE 20. AND, UH, THERE'S A PICTURE WHERE IT'LL BE, I THINK, I DON'T THINK THEY CAN BRING IT UP, BUT THERE'S, I HAVE A PICTURE AND IT'LL BE, LIKE I SAID, IN THE MIDDLE OF MY BACK TIRE. SO THAT'S WHERE THEY'RE, THEY WERE SAYING, YOU KNOW, TO, THAT'S THE 20 FEET THAT THEY WANTED ME TO CUT OFF. SO MY, MY WIFE DRIVES A HONDA AND THAT CAR WILL BE STICKING OUT AT THAT, AT THAT LENGTH. ALSO, THE TAIL END OF HER CAR, HER, HER TRUNK WILL BE STICKING OUT ALSO. SO I'M, YOU KNOW, ASKING, YOU KNOW, [01:45:01] IF I COULD BE ALLOWED TO GIVE THE, YOU KNOW, THAT VARIANCE OF SEVEN FEET, NINE INCHES TO PROTECT MY VEHICLES, YOU KNOW, 'CAUSE WE'VE BEEN HAVING A LOT OF HAILSTORMS AND I'VE ALREADY BEEN THROUGH THIS LIVING HERE HAILSTORMS ON MY VEHICLES AND ON THE HOUSE, YOU KNOW, WITHOUT A CARPORT, YOU KNOW, HAVING TO PAY ALL THAT DEDUCTIBLES. AND I FINALLY, YOU KNOW, SAVED UP THE MONEY AND SAID, WELL, YOU KNOW, LET'S GET IT. AND LIKE I SAID, I ALWAYS MADE SURE, AND YOU'RE, SHE'S RIGHT. I DIDN'T GET A PERMIT, BUT I'M, I SAID, 'CAUSE I KNOW THERE'S A, A VARIANCE WHERE IF YOU'RE WITHIN YOU, YOU'RE OKAY. YOU DON'T NEED A, A, A PERMIT. SO I MADE SURE MY, MY CARPORT WAS BUILT ONLY FOR MY VEHICLE. AND, UH, AND I SAID I LOOKED AROUND AND, AND I MADE SURE I DID NOT GO. SO, SO STAFF, THIS APPLICANT DOES NEED A PERMIT ONE WAY OR ANOTHER, CORRECT? ON, ON THIS ONE, YES. CORRECT. HAVE YOU APPLIED FOR A PERMIT AS YES, I APPLIED FOR IT AND IN THE MEANTIME I WAS DOING THE APPLICATION FOR THE BOA. SO THAT'S WHY, UM, SHE SAID THERE WAS A LAPSE OF TIME THAT I WASN'T, THAT I, AND I DID GET PERMISSION, UH, BY THE CODE COMPLIANCE WAS TO PUT THE ROOF BECAUSE THE HAILSTORM WAS COMING IN AND SHE SAID SHE WAS, HAD GAVE ME PERMISSION TO PUT THE, THE ROOF ON AND FINISH IT. OKAY. IS THERE ANY OTHER QUESTIONS FOR THE APPLICANT? ANNA? COMMISSIONER MANN? WHAT IS THE CURRENT DEPTH OF THE CARPORT? THE DEPTH IS, YEAH. SO HOW, HOW DEEP, HOW, HOW LONG IS THE CARPORT? HOW DEEP IS THAT? THE OH, THE CARPORT IS 20, 25 FEET, I BELIEVE. 26 FEET, I THINK 25 TO 26 FEET FROM THE BEGINNING. BEGINNING FROM THE INSIDE. RIGHT. YOU'RE, THAT'S WHAT YOU'RE ASKING, RIGHT? YES. I'M TRYING TO FIGURE OUT. AND SO, AND THEN THE CITY, YOU KNOW, UM, THE CITY, THE APPLICANT HAS STATED HERE THAT, UM, IT WOULD HAVE TO BE SHAVED BY SEVEN FEET, NINE INCHES. IS THAT, HOW FAR WOULD IT HAVE TO BE CUT BACK? UH, WITH REGARDS TO THE EXISTING CARPORT? UH, SO IT WOULD HAVE TO BE CUT, UM, EIGHT FOOT SIX INCHES TO BE WITHIN THAT 20 FOOT. UM, BACK. AND THEN THAT, THAT'S WHERE I HAD THE AMENDMENT TO FOR MY NUMBERS. AND THAT'S WHY I HAD PICTURES OF ALL THE MEASUREMENTS WE KNOW SHOWING EVERYTHING. AND MIKE CAME UP WITH A VARIANCE OF SEVEN FEET, NINE INCHES AS FAR AS OPPOSING STAFF WILL SOMETIMES ROUND UP A HAIR JUST TO BE SAFE. YEAH. AND I, BUT, AND THAT'S WHY I DID MY PICTURES, YOU KNOW, SO I COULD BE MORE, I MEAN, PRECISE TO HELP, YOU KNOW, IT'D BE LESS OF A VARIANCE, BUT STILL A VARIANCE, YOU KNOW? YEAH. AND LIKE I SAID, IT'S JUST, JUST TO COVER MY ONE VEHICLE, MY TRUCK, YOU KNOW? RIGHT. THAT'S ALL I'M ASKING FOR, YOU KNOW. SO IF THERE'S NO OTHER QUESTIONS, I THINK WE HAVE EVERYTHING WE NEED, WE CAN MOVE FORWARD TO A MOTION. I HAVE, I HAVE A QUESTION. YES. COMMISSIONER EZ, UM, MR. MANRIQUE? YES MA'AM. UM, THEY ALSO HAD REQUEST PUTTING SCREENS. THEY DIDN'T MENTION ANYTHING ABOUT THE BASEBOARD, YOU KNOW, PUTTING THE WOOD AROUND THE EDGES, BUT WHAT YOU AMEND YOUR APPLICATION TO A ADD THE SCREENS TO YOUR, AND NO, IT'S NOT SCREENS, RIGHT? NO, IT'S THE BASEBOARD. WE DON'T IS THE BASEBOARD, IS THAT WHAT SHE WAS TALKING ABOUT? THE BASE BOARD? SHE USED THE WORD SCREENS. WE DON'T EVEN HAVE TO READ THAT MOTION. IF HE'S WILLING TO, TO PUT A, A BASEBOARD SCREENING, THAT, THAT WOULD BE THE SCREENING ON FASCIA. THE FASCIA ON THE TOP. THE TOP, YES. UHHUH, WHICH YOU AND YOU. AND I SAID I WOULD EVEN THOUGH, YOU KNOW, LIKE MY NEIGHBORHOOD, MY NEIGHBOR ACROSS THE STREET JUST HAD HER CAR PORTED LIKE TWO YEARS AGO, AND SHE SAID SHE DIDN'T EVEN HAVE ANYTHING TO NCD OR SHE NEVER HEARD OF IT. I MEAN, THEY DIDN'T EVEN TELL HER THAT. AND HER CARPORT BLOCKS A VEHICLE PLUS TWO TRUCKS, ALMOST TWO TRUCKS, AND HERS IS CLOSER TO THE PROPERTY LINE. AND I HAVE ANOTHER ONE, A PICTURE OF ANOTHER ONE ON WOOD LONG THAT WAS LIKE, AND THIS, THEY'RE ONLY SUPPOSED TO BE NINE FEET HIGH. I I MEAN 10 FEET HIGH FLAT ROOF. AND THIS ONE HAS A GABLE ROOF AND IT'S LIKE 13 FEET HIGH. AND SHE GOT APPROVED BY THE BOARD FOR HER VARIANCE. I'M, I'M JUST GONNA SAY THAT I, I DON'T KNOW WHAT THIS PIECE OF METAL FASCIA SCABBED ONTO YOUR CARPORT IS GONNA DO FROM A AESTHETIC STANDPOINT. THAT'S WHAT I, YEAH. UM, I THINK IT'S A GOOD LOOKING CARPORT. AND SO, AND I SAID MINE IS PAINTED, YOU KNOW, AND I SAID EVEN MY SCREWS ARE ALL PAINTED. YEAH. I'M HAPPY EITHER WAY PERSONALLY, BUT LET'S, I APPRECIATE, YOU KNOW, ANYTHING, YOU KNOW, I'M HAPPY TO MAKE A MOTION. PLEASE DO, SIR. OKAY. UM, AND I'M JUST GONNA READ THIS AS IS TO, I'M TO ALLOW FOR THAT BUFFER, THAT DISCREPANCY BETWEEN THE TWO DIMENSIONS, JUST SO YOU KNOW. AND SO THE BOARD KNOWS REGARDING CASE NUMBER BOA DASH 25 DASH 3 9 3. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, ONE AN EIGHT FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT NCD SEVEN RESIDENTIAL FRONT YARD SETBACK STANDARD TO ALLOW FOR A DETACHED CARPORT WITH 11 FOOT SIX INCH FRONT YARD SETBACK. AND TWO, AN ELIMINATION OF THE NCD DASH SEVEN RESIDENTIAL DESIGN [01:50:01] STANDARD FOR SCREENING OF A DETACHED FRONT AND YARD, FRONT YARD CARPORTS ROOFING MATERIAL SITUATED 3, 3 4 SINCE DRIVE APPLICANT BEING EDGAR MENRIQUE. 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 UNITED UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE FRONT SETBACK LEAVES SUFFICIENT SPACE IN THE FRONT YARD AND THE SCREEN DOES NOT HINDER THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP BECAUSE THE PROPERTY OWNER WOULD NOT HAVE THE ABILITY TO PROTECT THEIR VEHICLES WITH THE CARPORT. AND THE SCREENING WOULD REDUCE THE SPACE UNDER THE CARPORT. THREE, BY GRANTING THE VARIANCE, THE SPHERE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE VARIANCE WOULD LEAVE SUFFICIENT SPACE IN THE FRONT YARD AND PROVIDE MINIMAL SCREENING BENEATH THE CARPORT. FOUR. THE VARIANCE WILL NOW AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE CARPORT WOULD, PROVIDES SIGNIFICANT SPACE FROM THE FRONT SETBACK AND THE LOW CARPORT REQUIRES MINIMUM SCREENING. SIX. THE PLIGHT 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 NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, SUCH AS THE LIMITED AREA IN THE FRONT YARD AND CONFIGURATION OF THE CARPORT AND A MOTION. SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER STEVENS. I THINK THAT SOME OF THE LANGUAGE IN THE NCD IS A BIT WONKY AND YOUR NEIGHBORHOOD ASSOCIATION MIGHT WANT TO GO BACK AND LOOK AT THAT. I'M IN FULL SUPPORT OF THIS. I THINK THERE'S ADDITIONAL RIGHT OF WAY PAST THE PIN OF YOUR PROPERTY LINE THAT ALLOWS FOR PLENTY OF SPACE. UM, THE CARPORT LOOKS LIKE IT'S BEEN CONSTRUCTED QUITE NICELY AND THAT'S WHAT I ASKED. AND I THINK SCION METAL FASCIA IS JUST GONNA LOOK LIKE METAL SCABBED ON THE SIDE OF YOUR CARPORT. SO I'LL BE IN FULL SUPPORT. APPRECIATE IT. COMMISSIONER MANNA. UM, I WON'T BE IN SUPPORT OF THIS SIMPLY BECAUSE, YOU KNOW, AS THE COMMUNITY GETS TOGETHER AND WORKS THROUGH, UM, YOU KNOW, HOW THEY DEFINE, IT'S NOT DONE BY, YOU KNOW, A SMALL GROUP. IT GENERALLY TAKES YEARS TO KIND OF GO THROUGH THAT PROCESS AND THE, THE THE TEAM OR THE THE NEIGHBORHOOD DEFINES HOW THEY WANT EVERYTHING TO LOOK. AND, UM, I DON'T KNOW THAT IT'S IN MY ROLE TO, TO, UM, I GUESS MOVE AWAY FROM WHAT IT IS THAT THE COMMUNITY ASKS FOR. ALL RIGHT. ANYONE ELSE LIKE TO ADD? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER BRAGMAN? I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN? I DO NOT CONCUR. CHAIR ORIAN. UH, AND I CONCUR WITH THE FINDINGS OF FACT. UH, FORTUNATELY THE MOTION DIDN'T PASS. UH, I WILL, I'M JUST GONNA GIVE YOU MY 2 CENTS ON THIS. I WOULD GO TALK TO THE DIRECTOR OF DEVELOPMENT SERVICES BECAUSE THAT CODE IS WRITTEN IN YOUR FAVOR ON THIS. OKAY? OH, YES. AND I DON'T, IT JUST, IT DOESN'T SEEM RIGHT, LIKE YOU'RE ABSOLUTELY RIGHT. THAT'S THE WAY I THAT'S THE WAY THE CODE'S WRITTEN. YEAH, I THINK YOU'RE COMPLYING WITH THE CODE AND I WOULD GO TAKE IT TO THE TOP. OKAY. CHAIR. IS THERE AN OPPORTUNITY TO REOPEN THIS TO FIND A, A RESOLUTION THAT WORKS FOR EVERYONE? IS ANYBODY WHO VOTED IN THE, IN, IN, UM, IN THE PREVAILING SIDE WANT TO OFFER ANY SORT OF, UM, ANYTHING RELIEF? WELL, I THINK PER DIALOGUE NUMBER TWO WAS RESOLVED 'CAUSE THE APPLICANT SAID THEY WOULD RESOLVE THAT. AND SO THE QUESTION WAS WITH REGARDS TO THE NUMBER OF FEET AND IT DOESN'T LOOK LIKE THERE WAS DIALOGUE, UM, BETWEEN THE COMMUNITY AND HIM THAT RESOLVED THAT. SO, SO, UM, I WOULD SAY NO FOR, AT LEAST FOR ME, I APOLOGIZE THAT PEOPLE ARE ENFORCING CODE, NOT THE WAY IT'S WRITTEN. IT'S, UM, BUT I WOULD GO TAKE IT UP TO THE TOP. IS IT, IS THIS A PLACE? IT'S NOT FOR US TO, TO GET WITH THIS, YOU NEED TO GET WITH STAFF, BUT YOU NEED TO TAKE IT A LITTLE BIT HIGHER THAN THE PEOPLE YOU'VE BEEN TALKING TO. OKAY. ALRIGHT. OKAY. THANK YOU. THANK YOU. AND IF, UH, WE CAN TAKE A BREAK OR HAVE A MAN UPDATED THAT'S FORCING US TO DO IN THE COMPUTER, IT SHOULD ONLY TAKE A FEW MINUTES. YEAH, WE'LL BE BACK IN FIVE TO SEVEN MINUTES SESSION. IT'S THREE 11. IS IS EVERYBODY HERE WHO WE MISSING? RIGHT, RIGHT. OKAY, WE'LL WAIT FOR HER. [01:55:21] YOU CAN, AND CAN EVERYONE SEE THAT THERE, EVERYONE'S ABLE TO READ THE TEXT UP THERE ON THE SCREEN? YEAH, LOOKS GOOD. OKAY. PERFECT. DID YOU FIX IT? NO, THIS IS, OH, YOU'RE JUST PROJECTING IT. OH, VERY GOOD. GOOD AFTERNOON. ITEM NUMBER SIX IS BO O EIGHT. HOLD ON. I THINK WE'RE STILL WAITING. SORRY. YEAH, I'M SORRY. ONE MORE . SORRY, MR. CHAIR. OKAY, HOLD ON A SECOND. SO COMMISSIONER BRAGMAN IS, UH, WE'RE GONNA CALL THIS MEETING BACK INTO SESSION. IT IS THREE 11. UM, I UNDERSTAND THAT, UH, COMMISSIONER BROWN WILL BE MAKING A MOTION TO REOPEN ITEM NUMBER FIVE VOA CASE 25 1 0 3 0 0 93. IS THAT YOUR MOTION? COMMISSIONER BROWN? YES, IT IS. I'D LIKE TO REOPEN IT BECAUSE, UH, THE DAMAGE HAS ALREADY BEEN DONE AND I WANTED TO, TO MEDIATE THE CASE TO JUST PUT THE FACIAL BOARDS UP AND LEAVE IT WHERE IT IS. THE DAMAGE HAS ALREADY BEEN DONE. GOTCHA. YOU CAN'T MOVE IT BACK. YOU CAN'T MOVE IT FORWARD. AND HE DIDN'T PULL A PERMIT, WHICH HE NEEDS A TONGUE RATION FOR THAT, BUT, OKAY. I WOULD JUST LIKE TO SEE HIM PUT THE FACIAL BOARDS UP SO IT CAN COMPLY WITH THE OTHER, UM, CARDBOARDS AROUND IT IF POSSIBLE. RIGHT. THANK YOU. COMMISSIONER BROWN. I'LL SECOND THAT MOTION. LET'S HAVE A ROLL CALL VOTE ON REOPENING. ITEM NUMBER FIVE. COMMISSIONER BROWN. THIS IS JUST TO RECONSIDER THE CASE AND NOTHING ELSE. YES OR NO? YES, YES OR NO? NO. OH, YES. I TO REOPEN THE CASE? YES. CHAIR ORIAN? YES. COMMISSIONER BARRINGTON? YES. COMMISSIONER STEVENS? YES. COMMISSIONER EBAN? YES. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ? NO. COMMISSIONER MANNA? NO. COMMISSIONER BRAGMAN? YES. COMMISSIONER BENAVIDES? YES. COMMISSIONER VASQUEZ? YES. ALL RIGHT. MOTION PASSES. NINE TO TWO. UM, NOW THAT THE CASE IS REOPENED, I MOVE TO, UM, I I MOVE TO APPROVE, UH, ITEM, ACTUALLY LET ME READ IT FROM THE, UH, MAKE SURE I GET THIS CORRECT HERE. ITEM NUMBER FIVE. SO I, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT AN EIGHT FOOT SIX INCH VARIANCE FROM THE MINIMUM 20 FOOT NCD SEVEN RESIDENTIAL FRONT YARD SETBACK TO ALLOW FOR A DETO CARPORT WITH AN 11 FOOT SIX INCH FRONT SETBACK SITUATED AT 3 3 4 SINISA DRIVE, APPLICANT BEING EDGAR MANRIQUE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE 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 AN UNNECESSARY HARDSHIP. ALL PREVIOUS FINDINGS REMAIN SECOND. SECOND BY COMMISSIONER STEVENS. UM, I DID NOT READ THE ISSUE REGARDING THE SCREENING OF THE FRONT CARPORT'S ROOFING MATERIAL. SO THIS IS ONLY FOR THE LOCATION OF THE CARPORT. IS THERE ANY COMMISSIONERS LIKE TO CHIME IN MANNA COMMISSIONER MANNA? SO, UM, THE REASON I DIDN'T VOTE FOR THIS THE FIRST TIME, UH, WAS SIMPLY BECAUSE HAD THE APPLICANT FILED A PERMIT, UM, IT WOULD'VE, UH, BEEN RESOLVED AT, UH, WHAT IT WAS THAT HE WAS TRYING TO DO WOULDN'T HAVE BEEN PERMITTED. AND IF WE'RE GOING TO GO DOWN THIS PATH OF LETTING PEOPLE BUILD THINGS WITHOUT PERMIT THAT, YOU KNOW, THAT THE COMMUNITY HAS VOTED AGAINST AND DIDN'T WANT, UM, YOU KNOW, THEN, THEN, YOU KNOW, I GUESS I'M GONNA STRUGGLE WITH THAT. UM, BUT, UH, I WILL STILL NOT BE SUPPORTING THIS. ALL RIGHT. ANYONE ELSE? HEARING NONE THIS HAVE A ROLL CALL VOTE ON JUST THE LOCATION OF THE CARPORT CHAIR. ORIAN? YES. COMMISSIONER STEVENS? YES. COMMISSIONER BARRINGTON? YES. COMMISSIONER IBANEZ? YES. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MANNA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN? YES. COMMISSIONER [02:00:01] BENAVIDEZ? YES. COMMISSIONER BASQUEZ? YES. COMMISSIONER BROWN? YES. ALL RIGHT. MOTION PASSES IS NINE TO TWO. UH, PLEASE LET THE APPLICANT KNOW HE'S GOTTA FIX THAT, UH, SCREENING ISSUE. ALL RIGHT. ITEM NUMBER SIX, GOOD AFTERNOON. ITEM NUMBER SIX IS BO OA DASH 25 DASH 1 0 3 0 0 0 9 7. THE ADDRESS IS 6 2 3 8 RANDOLPH BOULEVARD. IN CONS, DISTRICT 10, THE APPLICANT IS RONNIE CAPELLO REQUESTING A FENCE, MATERIAL VARIANCE TO ALLOW FOR SHEET ROLL OR CORRUGATED METAL. THE ZONE IN IS C3 NA WITH UH, CONDITIONAL USE FOR PARKING AND OR STORAGE LONG TERM. THE SUBJECT PROPERTY SITUATED SOUTH OF IH 35 ALONG RANDOLPH BOULEVARD. THIS APPLICATION STEMS FROM A CODE ENFORCEMENT INVESTIGATION CONCERNING THE USE OF PROHIBITED FENCING MATERIAL. SPECIFICALLY RAISE A WIRE AND METAL FENCING. ACCORDING TO THE APPLICANT WHO REPRESENTS SAN ANTONIO LAND, LLC, THE INSTALLATION OF THE PROHIBITED FENCING HAS HELPED DETER THEFT AND PREVENT DAMAGE TO THE NEW VEHICLE INVENTORY STORED ON SITE. DURING SITE INSPECTIONS, STAFF OBSERVED THAT THE CORRUGATED METAL FENCING WAS PLACED ALONG THE SIDE AND REAR BOUNDARIES OF THE PROPERTY, WHICH NECESSITATED THE REQUEST FOR VARIANCE. THE APPLICANT WAS ALSO ADVISED THAT THE USE OF RAZOR WIRE DOES NOT REQUIRE REVIEW BY THE BOARD AND CAN INSTEAD BE ADDRESSED THROUGH AN ADMINISTRATIVE EXCEPTION VARIANCE REQUEST. AND THIS, UM, HIGHLIGHTED RED BOXES SHOW THE LOCATIONS OF WHERE THE CORRUGATED METAL IS AND THE CURRENT VIEW. THE PROPERTY IS, UM, CONSISTED OF THREE LOTS, AND THIS IS A FENCE MATERIAL. IT'S ALL DARK, BUT IT WAS SUPPOSED TO HIGHLIGHT THE SIDE AND REAR. AND THIS IS CONTINUING TO SHOW THE REAR AND THE OTHER SIDE. AND ALONG THAT BLUE BUILDING, THERE'S A VERY SMALL PORTION OF CORRUGATED FENCE IN, AND THIS IS ON THE OTHER LOTS. UM, THAT SIDE AND PART OF THE REAR AND THE REAR CONTINUED. THESE ARE THE SURROUNDING AREAS. IT'S DIRECTLY ACROSS FROM LOWE'S AND THE REAR, UM, IS AN UNDEVELOPED PRESIDENTIAL ZONE STAFF. RECOMMENDATION FOR FENCE MATERIAL STAFF RECOMMENDS DENIAL IN BO OA DASH 25 DASH 0 3 0 0 0 9 7. BASED ON THE FOLLOWING FINDINGS OF FACT FENCE MATERIAL UTILIZED IS PROHIBITED WITHIN THE CITY. AND APPROVED USE OF CORRUGATED FENCING WAS NOT OBSERVED IN THE IMMEDIATE SURROUNDING AREA. AND TO THE PROPERTY IS ABUT SINGLE FAMILY USED TO THE SOUTH. AND THOUGH VACANT THE INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT THE NEIGHBORHOOD'S LOOK AND CHARACTER AS THIS AREA CONTINUES TO BE DEVELOPED. STAFF MAIL 16 NOTICES NONE RECEIVED IN FAVOR OR OPPOSITION. RANDOLPH HILLS CIVIC CLUB IS IN FAVOR AND THIS IS THE SUPPORT. THIS CONCLUDES NA'S PRESENTATION. APPLICANT IS PRESENT. MANNA COMMISSIONER MANNA. SO WHO, UH, RANDOLPH HILLS CIVIC CLUB. WHO IS THAT A NEIGHBORHOOD ASSOCIATION OR IS, IS, IT WAS KIND A STRANGE NAME. SO JUST TRYING TO MAKE SURE WHO THAT WAS, THAT WAS, UH, SENDING THAT INFORMATION. THEY'RE NOT REGISTER, THEY'RE NOT REGISTERED WITH THE CITY. SO DO YOU KNOW WHAT DO, DO WE KNOW WHAT THEY ARE? UH, WE DO, WE DO NOT. UH, IT'S A PROPERTY OWNER WITHIN ASSOCIATION THAT'S, UH, WITH A PROPERTY OWNER WITHIN THE 200 FEET. OKAY. THANK YOU. CRUZ. COMMISSIONER CRUZ FOR, UM, QUESTION FOR STAFF. SO EXACTLY WHAT DO THEY DO ON THIS PROPERTY? ALL I SEE IS LOTS OF CARS. YES. IT'S AN OFFSITE FOR I BELIEVE DODGE RAM JEEP. UM, THAT'S WHERE THEY STORE THEIR INVENTORY. OKAY. THE APPLICANT CAN, UM, CONFIRM THAT. OH YEAH. OKAY. I'LL WAIT. THANK YOU. ALL RIGHT. LET'S HAVE THE APPLICANT COME FORWARD. [02:05:08] HI. STATE YOUR NAME. TELL US ABOUT YOUR FENCE. OH, AUDIO. CAN YOU HEAR ME? YES. YES, YOU HAVE TO. ONE MORE TIME. THERE YOU GO. THERE YOU GO. YEAH. MY NAME IS RON CAP PATILLO AND I WORK FOR SAN ANTONIO DODGE. I DO OTHER MAINTENANCE. SO THE ISSUE HERE IS, WHEN WE FIRST STARTED IT IS THEY WERE GETTING BURGLARIZED. SO A LOT OF THE VEHICLES WERE, THEY TOOK, UH, CADILLAC CONVERTERS. THEY WERE CUTTING THE, THE CHAIN LENGTHS FENCE TO GET IN THROUGH THE BACKSIDE. SO WHAT WE DID IS WE TURNED AROUND 'CAUSE RIGHT NEXT TO IT WHERE THERE WAS A BLUE BUILDING, UM, IT HAD ALREADY CORRUGATED FENCING ON THERE. SO WE DECIDED TO GO AHEAD AND RUN THE CORRUGATED FENCE ALL THE WAY AROUND THROUGH THE BACKSIDE AND THEN TO THE SIDE. SINCE WE DID THAT, WE HAVE NOT HAD NO MORE BURGLARIES OR NOTHING GOING ON THERE, WHICH IT HELPED OUT A LOT. OKAY. UH, IS THE STORAGE OF THE VEHICLES, I MEAN, HOW, HOW IS IT MONITORED AT ALL? IS THERE, THEY GOT CAMERAS THERE. UH, THEY'VE ALSO HAD, UM, BEAR COUNTY SHERIFFS GO THERE AND SIT THERE ALL NIGHT WHEN THEY WERE GETTING BURGLARIZED. UH, EVERY TIME THEY GET BURGLARIZED IT TAKES THE POLICE DEPARTMENT MORE THAN 20 MINUTES TO 30 MINUTES BEFORE THEY GET THERE. BY THAT TIME, THE PEOPLE WERE GONE ALREADY, WHOEVER WAS THERE, UM, THEY JUST HAVEN'T BEEN ABLE TO CATCH ANYBODY WHEN THEY'VE BEEN IN ON THE SITE. OKAY. ANY OTHER COMMISSIONER QUESTIONS? UH, STEVENS AND MR. STEVENS? MAYBE THIS IS FOR STAFF OR, UM, THE BOARD. DID WE HEAR A VERY SIMILAR CASE RIGHT NEXT DOOR AT THAT BLUE BUILDING? OR MAYBE MY RECOLLECTION'S WRONG, BUT THAT BLUE BUILDING'S NOT PART OF YOUR PROPERTY. ALL THOSE THREE PROPERTIES BELONG TO, UH, SAN ANTONIO DODGE. OKAY. MAY, MAYBE IT WAS A DIFFERENT PROPERTY THEN. YEAH. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? IS THERE ANYONE SIGN TO SPEAK OR ANY VOICEMAILS? NO PUBLIC COMMENT. OKAY. AND IF YOU PUT THIS FENCE UP, YOU'RE GONNA TAKE DOWN THE, UH, RAISE WIRE. UH, IF WE HAVE TO GET, TAKE DOWN THE RAZOR WIRE, WE WILL. UH, THERE WAS ALREADY, WHAT THEY HAD ON THERE BEFORE WAS, UH, BARBED WIRE. OR BARBED WIRE. I'M SORRY. RIGHT. WHAT THEY HAD ON THERE BEFORE. SO STAFF, IF THIS GETS APPROVED TODAY AND HE AND HE OBTAINS A, HIS PERMIT, UM, IF THERE'S ANY BARBED WIRE EXISTING ON THERE, DO Y'ALL LOOK AT THAT AND MAKE YES. SO WE NOTIFIED THE APPLICANT THAT FOR ANY REMAINING BARBED WIRE THAT THEY'RE KEEPING, THEY'RE GONNA HAVE TO DO ADMINISTRATIVE VARIANCE. AND THE HEIGHT OF THE FENCE IS WHAT? SIX FOOT? SIX FEET? SIX. OKAY. IS HE ALLOWED TO GO OVER? UM, YEAH. UM, BARBED WIRE WITH THE ADMINISTRATIVE EXEMPTION COULD GO, UH, ANOTHER FOOT HIGHER. BUT IS HE, IS HE ALLOWED TO GO TO EIGHT FEET WITHOUT BARBED WIRE? CURRENTLY HE IS NOT. HE IS NOT. OKAY. ALRIGHT, SO WE, THIS IS, UH, JUST FOR, UH, CORRUGATED METAL SIX FEET. ALRIGHT, UM, LOOKING FOR MOTION BRAGMAN. COMMISSIONER BRAGEN, REGARDING CASE NUMBER BO OA DASH 25 DASH 0 3 9 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT FENCE MATERIAL VARIANCE TO ALLOW FOR SHEET ROLL OR CORRUGATED METAL SITUATED AT 6 2 3 8 RANDOLPH BOULEVARD, APPLICANT BEING RONNIE CAP. CAP. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE DEFENSE MATERIAL IS LOCATED PRIMA PRIMARILY TO THE REAR END SIDE. IT DOES NOT APPEAR AESTHETICALLY IN PLEASING ALONG RANDOLPH BOULEVARD. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE APPLICANT WOULD HAVE TO RECONSTRUCT THE FENCE UTILIZING AND ALLOWED MATERIAL IN COMPLIANCE WITH THE UNIFIED DEVELOPMENT CODE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS DEFENSE MATERIAL WILL AFFORD THE PROPERTY OWNER SAFETY AND SECURITY OF THEIR ONSITE STORAGE OF VEHICLES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USED OF SPECIFIC 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 VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. BECAUSE THE USES [02:10:01] ALONG RANDOLPH BOULEVARD ARE PRIMARILY COMMERCIAL IN NATURE, IT WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE SURROUNDING AREA. SIX. THE PAU THE OWNER OF THE PROPERTY OF WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIR CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. AND WERE NOT MERELY FINANCIAL OR 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, OF WHICH VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE QUANTITY OF ONSITE STORED NEW VEHICLES. END OF MOTION. SECOND. SECOND BY COMMISSIONER MAN. COMMISSIONER BRAGMAN. UH, YEAH, I'LL BE IN SUPPORT OF THIS MOTION. IT, IT'S, UH, VERY APPARENT THAT, UH, THIS IS NECESSARY FOR THE SAFETY AND SECURITY OF THE VEHICLES, UH, AND THOSE WHO WORK THERE. SO I'LL BE IN SUPPORT. COMMISSIONER MANNA? UM, YES, I I WILL ALSO BE IN SUPPORT OF IT. UM, RANDOLPH HILLS, UM, UM, IS BASICALLY, UH, THAT NEIGHBORHOOD THAT THEY, BUT AS WAS STATED, UH, THEY STOPPED THE REGISTRATION IN 2015, BUT, UH, SOMEONE WAS SPEAKING IN FRONT OF THE COMMUNITY THAT LIVES RIGHT THERE THAT WAS GONNA BE DIRECTLY IMPACTED. SO IF THEY'RE OKAY WITH IT, I'LL BE OKAY WITH IT. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING KNOWS I ROLL. CALL COMMISSIONER DEAN. A IS IT USUALLY WE ASK FOR A CAP? IS THAT, IS THAT, ARE YOU INTERESTED IN THAT, UH, DISCUSSING THAT, THAT DIALOGUE? YOU KNOW, THAT IS A WONDERFUL POINT. UM, I'M REOPENING THE PUBLIC HEARING AT THIS TIME. I'M WILLING TO AMEND THE MOTION TO INCLUDE A CAP. WELL, IS THE APPLICANT, UM, IS THE APPLICANT, UM, WILLING TO, UM, AMEND HIS APPLICATION TO INCLUDE A CAP ON THE, SO THE EDGES OF THE CORRUGATED METAL ARE NOT, UM, SHARP OR ABRASIVE? YES. OKAY. THANK YOU VERY MUCH. UH, WE ARE CLOSING THE PUBLIC HEARING AGAIN AND WE HAVE AN AMENDED MOTION TO NOW INCLUDE A CAP AS AMENDED BY THE APPLICANT AS A SECOND IN FAVOR. SECOND IS IN FAVOR. THANK YOU. ALL RIGHT. SO LET'S GO BACK TO A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER EBAN? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN, I CONCUR. CHAIR ORIAN AND I CONCUR. MOTION PASSES. 11 TO ZERO. CONGRATULATIONS. YOU HAVE ANY QUESTIONS YOU GET WITH STAFF? UH, NO. THAT'LL BE IT. THANK YOU VERY MUCH. THANK YOU. ITEM NUMBER SEVEN, IS THAT WHERE I'M AT? OKAY. UH, CHAIR. YES. I'M GONNA RECUSE MYSELF FROM THIS CASE. ALL RIGHT. IT IS THREE 30 AND COMMISSIONER CRUZ IS LEAVE, UH, LEAVING FOR REASONS OF RECUSAL. ITEM NUMBER SEVEN IS BO OA DASH 25 DASH 1 0 0 9. THE ADDRESS IS 8 0 2 SIMS AVENUE. CONS, DISTRICT FIVE, APPLICANT MARIA MARIA CAST A REQUEST FOR ONE A SIX FOOT SIX INCH FRONT SETBACK VARIANCE FROM THE MINIMUM 10 FOOT SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE THREE FOOT SIX INCHES FROM THE FRONT PROPERTY LINE. TWO, A FOUR FOOT 11 INCH SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE INCH FROM THE WEST SIDE PROPERTY LINE. THREE, A THREE FOOT, THREE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT PRIVACY FENCE TO ALLOW A SIX FOOT THREE INCH FRONT YARD PRIVACY FENCE LIMITED TO 30 FEET SIX INCHES PAST THE FRONT FACADE. AND ON THE WEST SIDE PROPERTY LINE FOUR, A 17 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER. CLEAR VISION TO ALLOW AN EIGHT FOOT CORNER CLEAR VISION. FIVE, A FENCE MATERIAL VARIANCE TO ALLOW CORRUGATED METAL FENCING LIMITED TO THE REAR PROPERTY LINE ON THE SOUTH 10 FEET OF THE EAST AND WEST SIDE. PROPERTY LINES. AND SIX A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT ALLEYWAY DRIVEWAY CLEAR VISION AREA TO ALLOW. FIVE SEPARATE NINE FOOT ALLEYWAY DRIVEWAY CLEAR VISION AREAS. THE ZONING IS R FOUR. THE SUBJECT PROPERTY IS LOCATED TWO BLOCKS EAST OF ALITO STREET ON SIMS AVENUE. IN FEBRUARY, 2024, COURT ENFORCEMENT RESPONDED TO A CITIZEN COMPLAINT REGARDING A NEWLY INSTALLED FRONT YARD PRIVACY FENCE. DURING THE SITE INSPECTION, IT WAS ALSO OBSERVED [02:15:01] THAT A CARPORT WAS UNDER CONSTRUCTION WITHOUT THE NECESSARY PERMITS. THE PROPERTY OWNER WAS CITED AND INFORMED OF THE REQUIREMENT TO OBTAIN PROPER PERMITS. IN JANUARY, 2025, COURT ENFORCEMENT REVISITED THE SITE AND FOUND THAT THE COURT CARPORT HAD BEEN FULLY CONSTRUCTED STILL WITHOUT PERMITS. IN ADDITION TO THE CARPORT SET BACK ENCROACHMENT AND THE FRONT YARD PRIVACY FENCE EXCEEDING THE MAXIMUM ALLOWABLE HEIGHT, STAFF OBSERVE FENCE ENCROACHMENT INTO THE MINIMUM REQUIRED CORNER DRIVEWAY AND ALLEYWAY, CLEAR VISION AREA, AND THE USE OF A PROHIBITED FENCE IN MATERIAL. AND THIS HIGHLIGHTS THE LOCATIONS OF THE VARIANCES. AND THIS IS THE CURRENT VIEW OF THE PROPERTY. THIS IS THE FRONT YARD SETBACK AND THE SIDE ON THE WEST SIDE. AND THIS IS THE FRONT PRIVACY FENCE. PASSING THE FRONT FACADE OVER A HEIGHT OF THREE FEET. AND THIS IS THE CORNER CLEAR VISION. THE FENCE BEING ABOUT FIVE FEET PREDOMINANTLY OPEN, AND THE FRONT DRIVEWAY, CLEAR VISION. AND THIS IS THE FIRST DRIVEWAY FROM THE SIDE. AND THIS IS NUMBER TWO AND NUMBER THREE. AND THIS SHOWS, UM, THE CORRUGATED METAL FENCED IN WHERE IT STARTS GOING INTO THE ALLEYWAY. AND THIS IS THE VIEW EAST. AND THIS IS ACROSS THE SUBJECT PROPERTY AND LOOKING DON FERNDALE. AND THIS IS DIAGONAL TO THE PROPERTY STAFFS RECOMMENDATION FOR THE CARPORT. FRONT AND SIDE SETBACK STAFF RECOMMENDS DENIAL IN BO A DASH 25 DASH 0 3 0 0 0 99 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCES WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. AND TWO, THE REQUESTED VARIANCE WILL LIMIT ACCESS FOR MAINTENANCE OF THE STRUCTURE. AND THE REDUCED SEPARATION FROM THE PROPERTY LINES WILL ALTER THE CHARACTER OF THE IMMEDIATE SURROUNDING AREA. STAFF'S RECOMMENDATION FOR THE CO CLEAR VISION STAFF RECOMMENDS DENIAL IN B OE DASH 25 DASH 0 3 0 0 0 9 9 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE VARIANCES ARE NOT SOUGHT DUE TO ANY UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY. AND TWO, THE REQUESTED VARIANCE WILL REDUCE VISIBILITY AT THE INTERSECTION OF RESIDENTIAL STREETS. STAFF'S RECOMMENDATION FOR THE DRIVEWAY AND ALLEYWAY CLEAR VISION STAFF RECOMMENDS APPROVAL IN BOA DASH TWO FIVE DASH THREE NINE BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE SARIN AREA HAS A HISTORICALLY ESTABLISHED CLEAR VISION STANDARD AM MEETING THE CURRENT DISTRICT REQUIREMENTS WOULD REQUIRE THE PROPERTY OWNER TO SIGNIFICANT SIGNIFICANTLY REDUCE THEIR YARD SPACE. AND TWO, THE REDUCED CLEAR VISION AT THE ALLEYWAY AND DRIVEWAY STILL ALLOWS FOR SAFE INGRESS AND EGRESS ONTO THE RESIDENTIAL STREET STAFF'S. RECOMMENDATION FOR THE FENCE HEIGHT. SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL IN B OE DASH 25 DASH 0 3 0 0 0 99 BASED ON THE FOLLOWING FINDINGS OF FACT, THE FENCE WILL INTERFERE WITH THE CLEAR VISION AREA OF THE NEIGHBOR WHEN EXITING THEIR PROPERTY. AND TWO, THE FENCE HEIGHT, SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF'S RECOMMENDATION FOR DEFENSE MATERIAL STAFF RECOMMENDS DENIAL IN D OE DASH 25 DASH 0 3 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE DEFENSE MATERIAL UTILIZED IS PROHIBITED WITHIN THE CITY AND APPROVE USE OF CORRUGATED FENCING WAS NOT OBSERVED IN THE IMMEDIATE SURROUNDING AREA. AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED 29 NOTICES ZERO RETURN IN FAVOR AND ZERO IN OPPOSITION [02:20:01] AND NOR RESPONSE FROM PALM HEIGHTS NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS PRESENT BEFORE YOU GO, CAN YOU PLEASE CLARIFY ITEM FOUR SPECIFICALLY THE PART WHERE IT SAYS, UM, FIVE SEPARATE NINE FOOT ALLEY CORNER CLEARANCE ISSUES. I'M, I'M, I'M, OKAY. SO SIX, UM, IS NUMBER SIX YOU'RE REFERRING TO. SO WE, WE GROUPED THEM AS ONE. SO THE ALLEYWAY WAS THE FIRST ONE. UM, WE SPOKE WITH TRAFFIC AND THAT RIGHT ABOVE THE ALLEYWAY. THAT ONE, UM, THEY IDENTIFIED THAT AS A SEPARATE DRIVEWAY AS WELL AS THE ONE NEXT TO IT BECAUSE IT'S A GATE. OKAY. AND THEN THE ONE, UM, ABOVE THAT IS ALSO AN ENTRANCE TO THE SIDE. AND THEN THE FIRST ONE WAS THE FRONT ENTRANCE. I DON'T THINK I'VE EVER SEEN THAT BEFORE. YES. DIFFERENT MANNA COMMISSIONER MANNA. UM, ALSO, SO IN THE PAST, WHENEVER WE'VE TALKED ABOUT CORRUGATED METAL FENCING, IT WAS, UM, NOT NECESSARILY AS INDUSTRIAL LOOKING. AND SO IS THE CITY HAVE A DEFINITION OF, WE'LL SAY HOME-BASED CORRUGATED METAL VERSUS INDUSTRIAL SCALE CORRUGATED METAL? I MEAN, IS THERE, IS, IS ALL CORRUGATED METAL THE SAME FROM A CITY'S PERSPECTIVE? FROM THE CITY'S PERSPECTIVE, YES. THERE IS NO DIFFERENCE. SO WHEN WE GO BACK TO THE UDC REWRITE AND WE, WE BRING THIS UP, THAT MAY BE SOMETHING THAT WE WANNA DELVE INTO. 'CAUSE THERE'S CERTAINLY, TO ME, A DEFINITION, A DEFINITE DIFFERENCE FROM WHAT IT IS THAT I SEE ON THIS HOME VERSUS WHAT IT IS THAT WE'VE LOOKED AT ON, ON LOTS OF OTHER LOCATIONS. SO, UH, MAYBE SOME CLARITY ON THAT IN THE FUTURE. WE'LL, WE'LL PUT THAT IN OUR UDC AMENDMENT NOTES. ALRIGHT. LET'S HAVE THE APPLICANT COME FORWARD. HI. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. YES SIR. MY NAME IS MARIA DERO CASTANON, BUT I JUST GO BY MARIA CASTANON. UM, I LIVE AT 8 0 2 SIMS. I'VE LIVED THERE SINCE THE YEAR 2009, UM, SINCE THE YEAR 2009. AND IN THE YEAR 2024, I HAD ENOUGH MONEY TO BUY THE HOUSE. SO, UH, THE PREVIOUS OWNER WAS MR. RUDY GUERRA, UM, GUTIERREZ. AND, UM, I PURCHASED THIS HOME. UM, THE METAL FENCE THAT WAS INQUIRED WAS ALL OVER. UM, I PURCHASED THIS HOME. IT DIDN'T HAVE A FENCE IN THE FRONT AND I WOULD GET A LOT OF STRAY DOGS. AND I HAD EVEN, YOU KNOW, UH, QUITE A FEW THEFTS TO THE FRONT OF MY HOUSE. SO WHEN I PURCHASED THIS HOME, UM, I WANTED TO MAKE IT LOOK MORE LIVABLE BECAUSE MY HOUSE WAS ACTUALLY THE UGLIEST HOUSE ON THE BLOCK. AND SO, UM, WHEN I CAME HOME FROM WORK ONE DAY, I NOTICED THAT, UM, MY NEIGHBOR TWO HOUSES AWAY FROM MINE WAS HAVING, UM, A GATE PUT ONTO THEIR HOUSE. SO I WENT AND I TALKED TO THE GUY AND UM, HE CAME AND HE LOOKED AT MY HOUSE AND I TOLD HIM RIGHT AWAY, DO I NEED A PERMIT SO I CAN GO GET A PERMIT? AND HE TOLD ME IN SPANISH THAT I DIDN'T NEED A PERMIT BECAUSE IT WAS MY PROPERTY AND IT WAS NOT, UM, LIKE THE CARPORT WAS NOT GOING TO, UH, IT WAS WITHIN MY PROPERTY. RIGHT. THAT'S WHAT HE TOLD ME. YOU KNOW, AND I HAD NEVER BEEN A HOMEOWNER OR ANYTHING. AND SO, UM, SO HE SAID, LET ME FINISH WITH MY JOB WITH YOUR NEIGHBOR AND THEN I'LL COME GET STARTED ON YOURS. AND SO HE DID, YOU KNOW, BUT IF I WOULD'VE KNOWN RIGHT THERE AND THEN THAT I NEEDED A PERMIT, THEN I WOULD'VE TOOKEN OUT ONE. 'CAUSE I'VE ALWAYS BEEN A LAW ABIDING CITIZEN. THIS HAPPENS ALL THE TIME. AND I DIDN'T KNOW THAT, YOU KNOW, SO [02:25:03] THAT'S WHY I'M HERE. OKAY. SO YOU ADDED, YOU ADDED THE CARPORT AND, AND SOME OF THE FENCING. YES. AND IT WAS QUITE EXPENSIVE. VERY EXPENSIVE. AND THAT, AND THAT METAL FENCE THAT YOU, YOU HAD BROUGHT UP, THERE WAS ONE THERE BEFORE, CORRECT? YES, THERE WAS ONE THERE BEFORE. IT WAS LIKE THE SAME FENCE IN THE BACK. UM, YEAH, I'M LOOKING AT, UH, GOOGLE STREET VIEW AND I COULD TELL THAT THERE WAS SOME FENCING THERE. YEAH, THE FENCING THAT WAS, UH, THAT'S IN THE ALLEY. YES. YES. THAT'S THE FENCE THAT WAS THERE BEFORE. THE ONLY THING THAT THAT MAN DID WAS JUST REPLACE, UM, THAT FENCE. 'CAUSE IT WAS FALLING OVER. AND IT ALSO, IT ALSO LOOKS LIKE YOU HAD A FENCE ON THE SIDE OF YOUR CARPORT BEFORE. YES, YES. THERE WAS A FENCE THERE BEFORE ALSO. AND THAT WAS ALSO FALLING OVER. I COULD SEE THAT. I JUST WANTED A, I GUESS YOU CAN SAY BEAUTIFY MY HOUSE. OKAY. YEAH, IT LOOKS LIKE THE FENCING YOU PUT UP IS, IS SIMILAR IN HEIGHT. IT'S JUST A LITTLE NIGHT HEIGHTS ARE LOOKING. YEAH. YOU SEE HOW THE FENCE WAS LIKE LEANING OVER AND, UM, I DIDN'T HAVE A FENCE IN THE FRONT, BUT I GET A LOT OF STRAY DOGS AND I'VE HAD, UM, UM, DEPTHS, YOU KNOW. YEP. WELL, TELL ME ABOUT YOUR CARPORT. WHICH WAY DOES THE WATER DRAIN OFF OF IT? DOES IT GO TO THE FRONT TO THE STREET OR DOES IT RUN TO THE SIDE? IT RUNS TO THE FRONT OF THE STREET. OKAY. IT DOESN'T RUN TO THE SIDE, IT RUNS TO THE FRONT. 'CAUSE AS YOU CAN SEE BY THE DRIVEWAY, IT'S LIKE IN A LITTLE SLOPE. AND I HAVE EVEN FALLEN WHEN I DIDN'T HAVE THE CARPORT ABOUT THREE YEARS AGO, I FELL AND I TWISTED MY ANKLE AND MY KNEE. OKAY. AND I'M STILL, YOU KNOW. WELL, UH, UH, ONE THING I'D LIKE TO, UH, JUST TALK TO YOU ABOUT IS, ONE, ONE THING THAT COMES TO MY MIND IS ON THE SIDE OF YOUR CARPORT THAT FENCING, UH, YOU KNOW, CAN BE AN, A VISUAL OBSTRUCTION IF YOU'RE TRYING TO BACK OUT OR, OR YOUR NEIGHBOR'S TRYING TO BACK OUT. UM, IS, IS, UM, YOU KNOW, THE CITY REQUIRES IT TO BE A CERTAIN DISTANCE WITHOUT FENCING. UM, IS IS IT THE END OF THE WORLD TO TAKE SOME OF THOSE PLANKS OFF TO, UH, GIVE A LITTLE MORE VISUAL CLEARANCE? I CAN HAVE IT TRIMMED DOWN. OKAY. WELL THAT IS, THAT'S MY 2 CENTS. WE'LL SEE WHAT THE REST OF THE COMMISSION THINKS. IS THERE ANY QUESTIONS FROM THE COMMISSION? MANA, MR. SHEA? SO, SO YOU HAVE, I I DO THINK THE PANELS ON THE, ON THE, UM, THE OPEN FENCING IS VERY PRETTY, SO VERY NICELY DONE THERE. UM, SO, SO WOULD, WOULD SOMETHING LIKE THAT BE AN OPTION FOR THE, UM, UM, PROPERTY ON THE SIDE BETWEEN YOU AND YOUR NEIGHBOR? SO IT'S OPENED UP THAT FENCING AS WELL THERE ALONG THAT SIDE. IS, IS THAT AN OPTION POTENTIALLY, DO YOU THINK ALONG THAT SIDE? THERE, THERE, YEAH, I CAN HAVE IT TRIMMED DOWN. WELL, SO HEIGHT, HEIGHT IS ONE THING, BUT THEN, BUT THE OPENNESS AND SO, SO, SO ONE OF THE THINGS WE WANT, UM, WE WANT ALL THE CITIZENS TO BE SAFE. AND SO WE TALK ABOUT, AS YOU PULL IT OUT, THERE'S A CAR, I SEE A CAR PARKED THERE. ARE YOU USING THAT CARPORT THAT'S THERE? YES. OKAY. SO AS YOU PULL OUT THE, SO A CHALLENGE IS, IS THAT YOU HAVE A PRETTY SOLID FENCE THAT'S, THAT'S HIGHER THAN THE CITY CARES FOR IT TO BE. AND, AND POTEN POTENTIALLY PUTS YOU AND OTHERS AT RISK WHEN YOU, WHEN YOU'RE MO MOVING IN AND OUTTA THE DRIVEWAY. SO THEY WOULD SAY OPENING UP, SO THAN JUST OPENING THE GAPS. SO, SO AN EXAMPLE WOULD BE, SO IT'S SUPPOSED TO, SO PREDOMINANTLY OPEN MEANS MORE THAN I THINK 50, 70%. 70%. SO YOUR METAL FENCE THAT YOU HAVE ON THE REST OF THE SIDES IS MEETS THAT CRITERIA. AND SO THE QUESTION I'M ASKING IS, WOULD IT BE OKAY TO, UM, HAVE THE SAME HEIGHT BUT PUT IN, UM, BUT PUT THAT IN ON THE SIDE THERE. SO IT IS, IT IS OPEN ON THE SIDE. UM, ON THAT ONE SIDE, IS THAT AN OPTION THAT LIKE YOU MEAN NOT TO HAVE ANY WOOD ON THERE? YES. AND JUST PUT AN IRON FENCE ON THERE? YES. UM, I CAN PROBABLY DO THAT. THE THING IS, IS THAT SINCE I BOUGHT THE HOME MM-HMM . AND I'VE IMPROVED IT, MY NEIGHBORS ON THE OTHER SIDE, THEY, UM, HARASS ME QUITE A BIT SOMETIMES. OKAY, SO YOU, YOU WANT THE O YOU WANT THE OPAQUENESS OF THE FENCE TO GIVE YOURSELF PRIVACY FROM YOUR NEXT DOOR NEIGHBOR? YEAH. OKAY. YEAH. SO, SO THEN PER, PER, PER THE DIALOGUE EARLIER, SO THAT, SO THE CITY LIKES I THINK IT'S 15 FEET, [02:30:01] UM, WITH REGARDS TO THE, UH, BEING OPEN. AND SO DO YOU THINK YOU COULD DO 15 FEET ALONG THE FRONT WITH THE SAME SIMILAR FENCING SO THAT THAT WAY YOU HAD THE SOLID AND THEN THE FIRST 15 FEET BEING THAT OPEN FENCING? OKAY, WELL, LET'S, LET'S SEE. UH, IT'S 15 FROM THE FACE OF CURB, RIGHT? FOR THE CLEAR VISION? YES. OKAY. YEAH. AND SO FROM THE FACE OF CURB, YOU MAY ONLY NEED TO REMOVE THE PLANKING UP TO THE POST. MAYBE. MAYBE. OKAY. I MEAN, I'M, I'M TRYING TO THINK WHERE 15 FEET PUT YOU, BUT IT, IT SURE LOOKS LIKE JUST FROM THE DIFFERENT ANGLES LIKE THAT YOUR, YOUR CURRENT FENCE ON THE SIDE APPEARS TO BE, THAT COULD BE PROBABLY ABOUT SEVEN OR EIGHT FEET MAYBE. AND THEN THE SECOND THING WOULD BE THE HEIGHT OF THAT FENCE THERE. YOU KNOW, IT, IT DOES LOOK, I THINK, UM, WAS IT TALLER THAN EIGHT OR TALLER THAN SIX FOOT? I BELIEVE. YEAH. SO WHERE THAT, WHERE THEY, WHERE THEY'RE MEASURING TO THE FACE THE CURB, IT, IT, HOW TALL IS THAT FENCE? WHAT'S, UM, IT'S NO. IS IT TALLER THAN SIX FEET? NO, I DON'T THINK SO. I MEAN, IT CAN'T BE MORE THAN THREE AS A SOLID FENCE. SO THAT'S ONE OF THE ISSUES BEFORE THE COMMISSION, BUT, UM, FOR THIS BOARD. BUT, UH, WHAT DO YOU THINK COMMISSIONER MANO, WHAT, WHAT ARE YOU LOOKING AT AS FAR AS PLANK REMOVAL? LIKE GETTING RID OF ANOTHER SIX, SEVEN FEET OR SOMETHING? OR YOU WANT THE FULL 15? WELL, I THINK, YOU KNOW, SOLID, SOLID LOW ENOUGH. SO, SO TO ME IT JUST HAS TO BE, IT SHOULD BE LOW ENOUGH TO SEE A CAR PULLING OUTTA THE YES. THE BUDDING DRIVEWAY. YEAH. SO YOU COULD KEEP THE PLANKS IF YOU JUST TRIMMED THEM INTO THREE FEET TALL. YES, THAT'S WHAT I'M SAYING. I CAN TRIM THEM. TRIM, YEAH. SO, WELL I WAS GONNA, SO WHERE I WAS GOING, I WOULD, I WOULDN'T MIND EITHER THE, THE NICE FENCING THAT YOU ALREADY HAVE SO THAT YOU MAINTAIN THE HEIGHT OR THREE FOOT AND SO, SO YOU KNOW, I, I DON'T KNOW HOW THAT GETS READ. YEAH. I'M JUST TRYING TO, YOU KNOW, KEEP IT OPEN BUT ALSO, YOU KNOW, SATISFY YOUR REQUIREMENT FOR HAVING THE HEIGHT TO BEGIN WITH. SO FOR, FOR LEGAL, CAN WE READ ON, ON THE FENCE SITE? COULD WE SAY, UM, A SIX FOOT PREDOMINANTLY OPEN IN THE CLEAR VISION AREA OR, UM, THREE FEET TALL, OPAQUE, IS IT, CAN IT BE RED IN THAT MANNER? I THINK YOU WOULD HAVE TO PICK ONE OR THE OTHER. OKAY. SO, UH, WELL QUESTION. SO A PREDOMINANTLY OPEN FENCE. SO, SO WE DO ALLOW FOR A THREE FOOT BERM ON THE, UH, AS A NORMAL FENCE IN THE FRONT YARD. CORRECT? IT WOULD'VE TO BE A RETAINING WALL IF THAT'S WHAT YOU'RE OKAY. REFERRING TO. YEAH. BUT IT, BUT IN THE, FOR A CLEAR VISION PURPOSES, IF IT'S A THREE FOOT FENCE, IS THERE A CLEAR VISION VIOLATION ON THAT? NO. OKAY. SO WE WOULD JUST READ IT AS PREDOMINANTLY OPEN AND IF SHE DOESN'T INVOKE HER RIGHT TO DO PREDOMINANTLY OPEN, SHE COULD JUST TRIM IT TO THREE FEET. DO YOU KNOW WHAT WE'RE, SO WHAT WE'RE DISCUSSING IS THE FENCE THAT'S ON THE SIDE OF YOUR CARPORT CURRENTLY IT'S A TALL WOOD YES. WOOD FENCE. AND SO WE'RE, WHAT, WHAT WE'RE LOOKING AT ENTERTAINING IS SAYING FOR THE FIRST 15 FEET OKAY. FROM THE STREET IT WOULD HAVE TO BE, UM, EITHER THREE FEET TALL OR PREDOMINANTLY OPEN, SIMILAR TO YOUR WROUGHT IRON FENCE THAT YOU HAVE ELSEWHERE. OKAY. LET'S TWO OR THE OTHER ONE IS THREE FEET. COMMISSIONER STEVEN. COULD STAFF POINT OUT APPROXIMATELY WHERE 15 FEET FROM THE CURB WOULD BE, JUST SO WE HAVE A BETTER UNDERSTANDING FROM THE CURB. SO IT WOULD BE ABOUT THREE FEET BEHIND THE FENCE. SO MAYBE ABOUT TO THE FIRST POST OF THE CARPORT. I THINK MAYBE JUST A LITTLE BIT TO THE FRONT, BUT YEAH, YEAH. FIRST POST OF THE CARPORT. THAT FIRST POST IS PROBABLY A GOOD INDICATOR. SO WHAT THEY'RE SAYING IS THAT YOU COULD, YOU COULD TRIM THAT WOOD FENCE, YOU COULD TRIM IT DOWN TO THREE FEET JUST TO THAT POST, THAT FIRST POST OF THE CARPORT. OKAY. AND THEN POTENTIALLY MAINTAIN THE HEIGHT DEPENDING ON HOW WE VOTE. YEP. OKAY. SO THAT'S ONE ISSUE. UM, IS THERE ANY QUESTIONS, UH, FROM THE COMMISSION REGARDING THE REST OF THIS APPLICATION? IS THERE ANYTHING ELSE? IS THERE ANY ONE SIGN UP TO SPEAK OR ANY VOICEMAILS? YOU GOT ONE SPEAKER. OKAY. WHAT WE'RE GONNA DO IS WE'LL HEAR FROM A SPEAKER AND THEN WE'LL HAVE YOU COME BACK UP AND SEE IF WE HAVE ANY OTHER QUESTIONS. OKAY. THANK YOU. YOU'RE WELCOME. UH, MARIA HERNANDEZ? UH, YES. MY NAME IS MARIA HERNANDEZ, UM, HER SISTER. AND, UH, WE'RE GONNA GET IT DONE. [02:35:01] UM, WE'LL GET A STALL AND I'LL GET A ONE OF LITTLE SALT, YOU KNOW, TO CUT THE METAL AND EVERYTHING AND SURE. ME AND HER, WE'RE GONNA GET IT DONE. ALRIGHT. THANK YOU VERY MUCH. OH, WE'LL GET SOMEBODY TO HELP US, BUT WE'RE GONNA GET IT DONE. I BELIEVE YOU. I MEAN, UH, WE'RE A FAMILY AND SO WE'RE GONNA STICK TOGETHER. YES, MA'AM. YES. THANK YOU. AND SHE WAS LOOKING AND LOOKING FOR A HOUSE EVERYWHERE, BUT THEN ONE DAY WE JUST SAT DOWN AND I SAID, YOU KNOW WHAT, YOU LIVE HERE AND THIS IS WHERE HER, YOU KNOW, HER PARTNER PASSED AWAY AND THAT'S WHERE HER MEMORIES ARE AT. SO YOU KNOW, SHE'S GONNA BE THERE AND I'M GONNA HELP HER TO BE THERE. YES MA'AM. YES. SO WE'RE GONNA DO IT, COME BACK UP, OKAY? YES, SIR. IS THERE ANYTHING ELSE YOU'D LIKE US TO KNOW OR ANYTHING ELSE YOU'D LIKE TO EXPRESS TO THIS? THIS BOARD? NO, I WAS JUST SCARED. 'CAUSE I'VE NEVER BEEN THROUGH NOTHING LIKE THIS. IT'S NOT SO BAD. AND I'VE INVESTED SO MUCH MONEY. I, I, I BELIEVE ME, I I KNOW MY LIFE SAVINGS. WELL, WE'LL SEE HOW, WE'LL SEE HOW THIS TURNS OUT. UM, IF THERE'S ANY OTHER QUESTIONS BEFORE WE ENTERTAIN A MOTION. THE CAPPING ON THE OH YES. UM, THE TOP OF THE CORRUGATED METAL FENCE THAT YOU HAVE BY THAT ALLEY. UM, THE BOARD IS USUALLY, UH, CONCERNED ABOUT, YOU KNOW, EXPOSED METAL EDGES. UM, I NOTICED THE TOP I THINK WAS ROLLED. IS IT TURNED IN ON THE TOP? YES. UM, IT'S LIKE CURVED IN, IT'S NOT STICKING OUT OR ANYTHING LIKE THAT. DOES THAT, DOES THAT COUNT AS A CAP? UH, YEAH. OKAY. SO THAT'S WHY I WAS ASKING EARLIER ABOUT THE DIFFERENT TYPES. THIS IS THE FIRST TIME I'VE SEEN THIS TYPE OF FENCING DIFFERENT. THAT FENCE HAS BEEN APPLIED FOR 40 YEARS. I THINK SO. WELL I THINK IT'S MORE INTERESTING THAN WHAT WE USUALLY SEE. YEAH, VERY INTERESTING. SO, YOU KNOW, IT ALMOST LOOKS LIKE HIM. IT'S LIKE FOREVER. WELL, THANK YOU VERY MUCH. LET'S SEE HOW THIS TURNS OUT. UH, WHO WOULD LIKE TO START OFF ON THIS VERY LONG MOTION? , MANNA. COMMISSIONER. MANNA. SEE I JUST HAVE TO FIGURE OUT THE ONE MORE. I'M GONNA JUST, SO HOLD ON JUST A SECOND HERE. LET ME, WHERE WOULD YOU SUGGEST A PREDOMINANTLY OPEN COMPONENT? UM, I WOULD JUST SAY THAT, UM, BEING A SPECIAL EXCEPTION. THAT WOULD BE THE SPECIAL EXCEPTION, CORRECT. WELL, NUMBER OH, SO THAT'LL BE ON THE NEXT PAGE? YEAH, THE, THE, OKAY, GOT IT. NUMBER THREE. IS IT? SO, SO THIS ONE I'M GONNA READ AS IS, SO I DON'T, I DON'T SEE ANYTHING THAT I'M GONNA CHANGE ON. AND JUST TO CLARIFY, THE, THE, THE CLEAR VISION ISSUE ON THE SIDE OF THE CARPORT, I THINK THAT'S WRAPPED UP IN NUMBER SIX OR NUMBER FOUR. I'M SORRY. 'CAUSE IT SAYS IT'S IN FIVE SEPARATE ALLEY DRIVEWAY AREAS. THIS WOULD BE ONE OF THOSE AREAS. YEAH, IT WOULD BE IN BOTH OF 'EM ACTUALLY. YEAH, ERIC. OH GEEZ. SO I MEAN, WHEN YOU GET TO THERE, YOU WOULD NEED TO VERIFY OR CLARIFY ON ONE OF THE DRIVEWAY CLEAR VISIONS, UM, SERVING THE CARDBOARD. OKAY, I'LL, I'LL, I'LL RUN FORWARD. ACTUALLY YOU JUST CUT IT DOWN TO FOUR. IF THAT'S, IF THE INTENT IS FOR THE SPECIAL EXEMPTION TO BE THREE FOOT, SO YOU JUST CUT THAT DOWN FROM FIVE TO FOUR, THAT'S ALL YOU HAVE TO DO. UH, OKAY. SO I, I WOULD RECOMMEND WHEN YOU READ ITEM NUMBER FOUR, JUST JUST SPECIFY THAT YOU'RE EXCLUDING THE DRIVEWAY AT SERVING THE CARPORT. THERE YOU GO. OKAY. UM, REGARDING BOA 2 5 1 0 3 0 0 0 9 9, I MOVED THE BOARD ADJUSTMENT GRANT. ONE A SIX FOOT SIX INCH FRONT SETBACK VARIANCE FROM THE MINIMUM 10 FOOT SETBACK REQUIREMENT TO ALLOW ATTACHED CARPORT TO BE THREE FOOT SIX INCHES FROM THE FRONT PROPERTY LINE. TWO, A FOUR FOOT 11 INCH SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A ATTACHED CARPORT TO BE ONE INCH FROM THE WEST SIDE PROPERTY LINE THREE, A 17 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER. CLEAR VISION TO ALLOW A EIGHT FOOT CORNER CLEAR VISION FOR A SIX FOOT VARIANCE FOR THE MINIMUM 15 FOOT ALLEYWAY SLASH DRIVEWAY. UM, A CLEAR VISION AREA TO ALLOW FIVE SEPARATE NINE FOOT ALLEY CL DRIVEWAY CLEAR VISION [02:40:01] AREAS EXCLUDING THE PORTION NEXT TO THE CARPORT. UM, AND FOR THAT WE'RE GOING TO ALLOW FOR, UM, UM, A, WELL I GUESS IT'LL COME BACK IN THE SECOND, SECOND ONE. AND THEN FIVE. A FENCE MATERIAL VARIANCE TO ALLOW CORRUGATED METAL FENCING LIMITED TO THE REAR PROPERTY LINE IN THE SOUTH 10 FOOT OF THE EAST AND WEST SIDE PROPERTY LINE SITUATED AT 8 0 2 SIM AVENUE. APPLICANT BEING MARIA CASTON BECAUSE THE TESTIMONY PER, UM, PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS LITTLE ENFORCEMENT OF THE PROVISIONS OF THE EEC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE CARPORT FRONT AND SIDE SETBACK, THERE IS ADEQUATE SPACING BETWEEN STRUCTURES FOR MAINTENANCE ACCESS AND RIGHT OF WAY. UM, THE CORNER CLEAR VISION, UH, AND THIS IS SPEAKING SPECIFICALLY ON THE ALLEYWAY, DOES NOT LIMIT VISIBILITY OR INCREASE THE RISK OF TRAFFIC ACT ACCIDENTS 'CAUSE IT IS AN OBSTRUCTING MOTORIST CLEAR LINE OF SIGHT AT THE CORNER OF SIMS AVENUE AND FERNDALE STREET DRIVEWAY. AND, UH, OR ACTUALLY THE ALLEY CLEAR VISION, AMPLE SPACE REMAINS TO ALLOW FOR SAFE BACKING, UH, OUT ONTO THE, UH, RESIDENTIAL STREET. UM, THE, THE FENCE MATERIAL. THE FENCE MATERIAL UTILIZES LOCATED ONLY ALONG THE ALLEY AND LIMITED 10 FEET ON EACH SIDE, PROVIDING SAFETY AND SECURITY, UH, THE PROPERTY OWNER TO DUE TO SPECIAL CONDITIONS. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE CARPORT FRONT AND SIDE SETBACK THE PROPERTY WOULD NEED TO REBUILD THE CARPORT WITH REDUCED WIDTH AND DEPTH. THE CORNER CLEAR VISION, THE PROPERTY OWNER WOULD NEED TO REDUCE THE FENCE HEIGHTS TO THREE FOOT AT THE CORNER AND ANGLE, WHICH WOULD NOT SUBSTANTIALLY IMPROVE, UH, VISIBILITY. UH, THE DRIVEWAY OR THE CLEAR, THE ALLEY CLEAR VISION REPOSITIONING FENCE WOULD RESULT IN THE PROPERTY OWNER LOSING A SIGNIFICANT PORTION OF THE YARD. UM, THE FENCE MATERIAL THE PROPERTY OWNER WOULD HAVE TO REMOVE OR REPLACE A FENCE THAT PROVIDES PRIVACY SECURITY FROM THE BUDDING ALLEYWAY. THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE CARPORT FRONT AND SIDE SETBACK. UM, THERE IS THE ADEQUATE SPACE BETWEEN PROPERTY AND THE ACCESS OF THE MAINTENANCE AND THE SUFFICIENTLY SPACED FROM THE STRUCTURE ON THE BUDDING PROPERTY. THE CORNER CLEAR VISION, THE REDUCED CORNER CLEAR VISION DOES NOT OBSTRUCT THE VIEW OF TRAFFIC ALONG SIMS AVENUE AND FERNA FERNDALE STREET, UH, THE ALLEY CLEAR VISION, THE REDUCED CLEAR VISION AT THE ALLEYWAY AND DRIVEWAY STILL ALLOWS FOR SAFE INGRESS AND EGRESS ONTO THE RESIDENTIAL STREET. UM, FENCE MATERIAL. THE PROHIBITED FENCING IS LIMITED TO AREAS OF BUDDING THE ALLEYWAY. UH, FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN A DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED BECAUSE, UH, THE CARPORT PROPERTY CARPORT FRONT AND SIDE SETBACK, REDUCING THE SETBACK, RE REDUCING THE REQUIRED SETBACKS DO NOT LIMIT ACCESS FOR NECESSARY MAINTENANCE OF THE STRUCTURE. OR THREE ESSENTIAL CHARACTER OF THE DISTRICT CORNER. CLEAR VISION, THE PREDOMINANTLY OPEN FENCE WOULD NOT INCREASE TRAFFIC HAZARDS ALONG THE INTERSECTION OF SIMS AVENUE AND FERNDALE STREET. UH, THE ALLEY CLEAR VISION, THE CLEAR VISION STANDARDS FOR ALLEYWAYS ARE CONSISTENT WITH THE COMMONLY FOUND IN THE AREA. AND ACTUALLY I'M GONNA AMEND THIS A LITTLE BIT FOR, GO BACK TO FOR THE DRIVEWAY 'CAUSE WE'RE ASKING FOR THE PREDOMINANTLY OPENING FENCE. UH, IN THE CLEAR VISION SPACED ALONG THE DRIVEWAY, UH, FENCE MATERIAL, IT PRESERVED THE CONSISTENT APPEARANCE OF CORRUGATED FENCING METAL ALONG THE DRIVEWAY, THEREBY MAINTAINING THE OVERALL CHARACTER OF THE SURROUNDING AREA TO THE SOUTH. SIX APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY, OR THE WERE CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT THAT GENERAL CONDITIONS IN DISTRICT IN WHICH HIS PROPERTY IS LOCATED. CARPORT, FRONT AND SIDE SETBACK, UH, THOSE SUFFICIENT SPACE EXISTS WITHIN THE FRONT YARD. THE CONFIGURATION OF THE PATIO PAVEMENT AND SLOPED ENTRANCE PRESENTS A CHALLENGE FOR THE RECONSTRUCTION OF THE CARPORT, WHICH IS BUILT TO PREVENT FURTHER SLIP AND FALL FOR THE PROPERTY OWNER CORNER. CLEAR VISION ANGLING THE FENCE TO ABIDE BY CLEAR VISION REQUIREMENTS WOULD REQUIRE THE PROPERTY OWNER TO SIGNIFICANTLY REDUCE THEIR FRONT YARD SPACE. UM, ALI, CLEAR VISION. THE, UM, SURROUNDING AREA HAS HISTORICALLY ESTABLISHED CLEAR VISION STANDARDS AND MEETING THE CURRENT DISTRICT REQUIREMENTS WOULD REQUIRE THE PROPERTY OWNER TO SIGNIFICANTLY REDUCE THEIR YARD SPACE FOR THE UM, UH, FENCE MATERIAL. THE PROPERTY OWNER RECENTLY PURCHASED A HOME WITH THE EXISTING FENCE AND MADE SEVERAL IMPROVEMENTS TO THE, UH, PROPERTY FOR SAFETY AND SECURITY, UH, AND OF MOTION. SECOND. SECOND BY COMMISSIONER STEVENS. UH, CAN I OFFER A FRIENDLY AMENDMENT TO REREAD ITEM THREE? [02:45:01] UH, TO INCLUDE, UH, TO BE A 17 FOOT VARIANCE FROM THE MINIMUM 25 FOOT CORNER CLEARANCE TO ALLOW AN EIGHT FOOT CORNER CLEARANCE CORNER, CLEAR VISION, UH, DUE TO A PREDOMINANTLY OPEN FENCE, CAN WE ADD CHOICE? THANK YOU. YES, I'LL ACCEPT THAT AND THAT ADJUSTMENT. YEAH, SO AND, AND, AND SO IT WAS, YOU KNOW, THE REASON WHY I'M OKAY WITH THAT IS BECAUSE OF CLEAR THE, THE PROBABLY OPEN FENCE AND SO I ASSUME THAT WAS, AND THEN ITEM FOUR TO READ A SIX FOOT VARIANCE FROM THE MINIMUM 15 FOOT ALLEY DRIVEWAY CLEAR VISION TO ALLOW FOUR SEPARATE NINE FOOT ALLEY DRIVEWAY, CLEAR VISION AR AREAS OF WHICH DOES NOT INCLUDE THE DRIVEWAY SERVING THE CARPORT. YEAH. SO I LEFT, I DID INCLUDE THE SECOND HALF OF THAT WITH REGARDS TO, BUT I DIDN'T INCLUDE THE FOUR, I DIDN'T CHANGE IT FROM FIVE TO FOUR, SO I WOULD, I ACCEPT THAT AS WELL. COMMISSIONER STEVENS? YES. ALL RIGHT. SO WE HAVE, UH, COMMISSIONER MANNA, PLEASE TELL US YOUR THOUGHTS. SO, UM, YEAH, SO I THINK DEFENSE, YOU KNOW, HAS A LONG HISTORY WITH IT WITH REGARDS TO, UH, THE STRUCTURE THAT'S BEEN THERE. AND, UM, YOU KNOW, I THINK I DIDN'T SEE ANYTHING ELSE WITH REGARDS TO THE REST OF THE, UM, UM, ADDITIONS OR CHANGES THAT THAT, THAT I WAS REALLY, TRULY, UM, INTERESTED IN TALKING ABOUT EXCEPT FOR THE CLEAR VISION ALONG THAT DRIVEWAY. AND THAT'S REALLY THE ONLY THING THAT I'M INTERESTED IN. SO, SO, UH, I'LL BE VOTING PAPER. GREAT, THANK YOU. COMMISSIONER STEVENS? UH, YEAH, I'LL BE IN FULL SUPPORT AS, UM, YOU KNOW, THE MEASUREMENT OF SIX THREE FOR THE, THE FRONT AND SIDE FENCE IS, YOU KNOW, PROBABLY EFFECTIVELY MAYBE A FOOT SHORTER BECAUSE OF THAT CURVE. AND UM, I CAN TELL THAT THE HOMEOWNER PUT IN A LOT OF WORK. SO I THINK THAT THIS IS A, A REALLY GOOD SOLUTION WHERE THERE'S A MINIMAL AMOUNT OF WORK AND MONEY SPENT TO, TO MEET THE REQUIREMENTS OF WHAT WE'VE GONE THROUGH. SO I'LL BE IN FULL SUPPORT. THANK YOU. ANYONE ELSE LIKE TO ADD HEARING NONE THIS HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN. AYE. CHAIR ORIAN. I CONCUR WITH THE FINES OF FACT. MOTION PASSES UNANIMOUSLY. NEXT MOTION. OKAY, SO, UM, SO I'M GONNA READ THIS AND THEN BACK OUT A LITTLE BIT OF IT IS WHERE I'M GOING 'CAUSE I DON'T KNOW ALL THE MEASUREMENTS, BUT I THINK WE CAN FIGURE IT OUT. SO I MOVED THE BOARD OF ADJUST, LET'S SEE, UH, REGARDING CASE NUMBER BOA 2 5 1 0 3 0 0 0 9 9, I MOVED TO THE BOARD ADJUSTMENT GRANT, A THREE FOOT, THREE INCH SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT PRIVACY FENCE TO ALLOW A SIX FOOT THREE FRONT PRIVACY, UM, FENCE LIMITED TO 30 FEET SIX INCHES PAST THE FACADE. UM, BUT, BUT NOT, BUT UP TO 15 FEET AWAY FROM THE STREET. UM, UM, AND ON THE WEST SIDE, UH, UH, AND ON THE WEST SIDE PROPERTY LINE WITH THE FIRST 15 FEET BEING PREDOMINANTLY OPEN, UH, SITUATED 8 0 2 SIMS AVENUE, APPLICANT B MARIA SENON BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS CHAPTER AS A PRIVACY OFFENSE WOULD NOT OBSTRUCT THE VISIBLY ACROSS THE FRONT YARDS OF THIS BLOCK. FACE B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED AS THE FENCE IS LIMITED, UM, TO 30 FEET, SIX INCHES PAST THE FRONT FACADE BEING THE FIRST 15 FEET WOULD BE LY OPEN, WHICH DOES NOT COMPLETELY ISOLATE THE PROPERTY FROM THE REST OF THE NEIGHBORHOOD. UH, C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED, UH, SUCH BY SUCH PROPOSED USE AS THEIR SUFFICIENT CLEAR VISION AREA FOR THE NEIGHBOR TO SAFELY EXIT THEIR PROPERTY. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT AS A FENCE, IS WELL MAINTAINED AND PROVIDE SAFETY AND SCREENING FOR THE PROPERTY OWNER. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ESTABLISHED FOR THE SPECIFIC DISTRICT AS IT DOES NOT INTRODUCE A COMPLETE FRONT YARD PRIVACY FENCE THAT REDUCES THE SENSE OF COMMUNITY INTO THE NEIGHBORHOOD. RESIDENTIAL BLOCK FACE END OF MOTION. I'LL SECOND THAT. UM, AND JUST TO MAKE SURE WE'RE CLEAR, SO YOU READ THAT AS BEING, UM, AS READ, BUT WITH THE LIMITATION THAT IT'S AT, THAT THE UM, THE SOLID FENCE IS AT LEAST 15 FEET AWAY FROM THE, FROM THE CURB LINE AND WITHIN THE 15 FEET IT HAS TO BE PREDOMINANTLY OPEN. IS THAT HOW YOU CORRECT. WITH THE SAME HEIGHT, SO, SO NO HEIGHT'S DIFFERENT, UM, BUT PREDOMINANTLY OPEN. ALRIGHT, AWESOME. SO WHAT DO YOU THINK COMMISSIONER MANNA? UM, THAT WAS, YOU KNOW, AGAIN, [02:50:01] SO WE ALWAYS HAVE TALK ABOUT THE SAFETY OF OUR NEIGHBORS AND SO I THINK, UH, HAVING THAT PART, BEING PREDOMINANTLY OPEN ALLOWS FOR THAT SAFETY. AND SO, UM, BUT ALSO ALLOWS FOR THE PRIVACY THAT THE APPLICANT WAS TALKING ABOUT. SO I THINK I'LL BE VOTING FOR I COMPLETELY AGREE. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE. HAVE A ROLL CALL VOTE PLEASE. COMMISS MANA. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. YES, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER BASQUEZ? I CONCUR. COMMISSIONER BROWN? YES. ALL RIGHT. MOTION PASSES. CONGRATULATIONS. UH, WE HAD ONE LITTLE TWEAK CONSIDERING THAT SIDE FENCE, BUT WE, WE TALKED TO YOU ABOUT IT. IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. I AM, I'M SORRY, I JUST WANNA CLARIFY WHEN YOU'RE SAYING PREDOMINANTLY OPEN, YOU'RE SAYING ABOVE THE THREE FEET? UM, YES. YES. BECAUSE ANYTHING THAT'S ABOVE THE THREE FEET STILL IS GOING TO IMPOSE A CLEAR VISION ISSUE. RIGHT. THAT'S WHY. UM, SO I THOUGHT WE WERE VOTING ON CLEAR VISION. SO I WAS GRANTING PERMISSION FOR A SIX FOOT PREDOMINANTLY OPEN FENCE IN THAT CLEAR VISION AREA. DOES THE CLEAR VISION, I DON'T THINK THE CLEAR VISION CAN BE COVERED WITH THE SPECIAL EXCEPTION THOUGH. CAN IT IT WOULD HAVE TO BECAUSE IT IT WAS IN RED FOR THE DRIVEWAY, CORRECT? WE EXCLUDED IT. IT WAS EXCLUDED IN THE FIRST MOTION. IT CAN'T BE, COULD IT BE ADDED TO THE SECOND MOTION? NO, IT, IT'S NOT A SPECIAL EXEMPTION. SO IT'S A SPECIAL EXCEPTION. SO WE WOULD'VE TO REOPEN AND JUST ADD THAT REALLY QUICK. YES. OKAY. SO I JUST TO CON JUST TO CLARIFY, 'CAUSE AGAIN, IF SHE WANTS ANYTHING ABOVE THREE FEET, YEAH, IT WOULD NEED THE CLEAR VISION. UH, I MOVED TO REOPEN, UH, THE VARIANCE PORTION OF ITEM SEVEN. IS THERE A SECOND? SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. UH, ALL RIGHT. IT'S BEEN REOPENED. I HEREBY, UH, HEREBY MOVE, UH, TO, TO, FOR THE VARIANCES TO BE EXACTLY AS PREVIOUSLY READ BY COMMISSIONER ARMANA, UH, WITH THE ADDITION IN ITEM NUMBER FOUR TO INCLUDE THE, UM, BACK TO FIVE SEPARATE ALLEY DRIVEWAY CLEAR VISION AREAS AS ORIGINALLY MOTION. THANK YOU. ALL RIGHT. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BRAGMAN. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. SO, SO JUST FOR CLARIFICATION, UM, SO, SO WHILE IT IS THAT WE SAID UH, WE ALLOWED FOR IT, BUT IT CAN'T BE, IT HAS TO BE PRINTED PREDOMINANTLY OPEN ON THAT SIDEWAYS SIDE, RIGHT? CORRECT. OKAY, GOOD. THANK YOU. THANK YOU. ALRIGHT, OUTTA ACTION TODAY. UH, ITEM NUMBER EIGHT, THANK. ITEM NUMBER EIGHT IS BO O EIGHT DASH TWO FIVE DASH 1 0 3 0 0 0 0 0 1 1. THE ADDRESS IS 1310 WATKINS LAKE LANE. CONS, DISTRICT SEVEN, THE APPLICANT IS EARL AND ASSOCIATES PC, A REQUEST FOR ONE AND ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 200 FEET OF A RESIDENTIAL LOT OR USE TWO, AN ELIMINATION OF A 10 FOOT BUFFER YARD ALONG COLLIBRA ROAD AND THREE, A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT, PREDOMINANTLY OPEN FENCE HEIGHT TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. THE ZONING AND IS C TWO. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF COLLIBRA ROAD AND WATKINS LANE. CURRENTLY THE HEIGHT THE SITE HOSTS TWO FOOD TRUCKS, WHICH IS BELOW THE THRESHOLD TO QUALIFY AS A MOBILE FOOD COURT AND IS THEREFORE CLASSIFIED AS A FOOD SERVICE ESTABLISHMENT. ADDITIONALLY, THERE ARE TWO DWELLING UNITS WHICH ARE NOT PERMITTED UNDER THE EXISTING SEA TO BAY ZONING DISTRICT. THE APPLICANT ON BEHALF OF THE PROPERTY OWNER IS PROPOSING TO DEVELOP THE SITE INTO A MOBILE FOOD COURT WITH UP TO 10 FOOD TRUCKS ON THE COMMERCIAL LOT. SINCE THE PROPERTY LIES WITHIN 200 FEET OF EXISTING SINGLE FAMILY RESIDENTIAL USE, THE APPLICANT IS REQUESTING AN ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION. THE APPLICANT IS ALSO SEEKING A VARIANCE FROM THE MINIMUM 10 FOOT LANDSCAPE BUFFER REQUIREMENT ALONG COLLAB ROAD TO ACCOMMODATE PARKING. LASTLY, THE EXISTING FRONT YARD FENCE REQUIRES A ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION TO REMAIN IF THE VARIANCES ARE APPROVED. THE [02:55:01] PROPERTY OWNER HAS INDICATED THAT THE SINGLE FAMILY RESIDENCE WILL BE REPURPOSED FOR COMMERCIAL USE AS PART OF THE MOBILE FOOD COURT DEVELOPMENT. AND THIS IS HIGHLIGHTING THE AREAS ADDRESSED IN THE VARIANCE. AND THIS IS THE CURRENT VIEW ALONG WATKINS LANE AND THE BUFFER TO COLLIBRA ROAD AND, AND THE FRONT FENCE HEIGHT, SPECIAL EXCEPTION, AND PART OF THE RESIDENTIAL USE ON THE PROPERTY AND THE SURROUNDING AREA ALONG WATKINS I AND ACROSS THE STREET OF COLLIBRA STAFF'S. RECOMMENDATION FOR RESIDENTIAL SEPARATION ELIMINATION STAFF RECOMMENDS DENIAL IN BO OA DASH 25 DASH 1 0 3 0 0 1 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, AN ELIMINATION OF THE 200 FOOT SEPARATION WOULD INJURE RESIDENTIAL PROPERTIES AS IT DOES NOT PROVIDE AN ACCEPTABLE DISTANCE BETWEEN RESIDENTIAL AND NON-RESIDENTIAL USE. AND TWO, THE PROPERTY OWNER CAN REDUCE THE NUMBER OF PROPOSED MOBILE FOOD TRUCKS TO REMAIN AS A MOBILE FOOD ESTABLISHMENT. STAFF'S RECOMMENDATION FOR THE BUFFER VARIANCE STAFF RECOMMENDS DENIAL IN BO OA DASH 25 DASH 0 3 0 0 1 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ELIMINATION OF THE BUFFER TO ACCOMMODATE PARKING WOULD REDUCE GREEN SPACE INTENDED TO SEPARATE PATRONS OF THE MOBILE FOOD COURT FROM THE TRAFFIC OF COLLIBRA ROAD. AND TWO, THE ELIMINATION OF THE BUFFER WILL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT STAFF'S RECOMMENDATION FOR FENCE HEIGHT. SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BOA DASH TWO FIVE DASH 0 3 0 0 1 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT. THIS ONE, THE SIX FOOT FRONT FENCE OBSTRUCTS A LINE OF SIGHT FOR UNCOMMON AND EXITING. TWO. THE FENCE HEIGHT SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MALE 25 NOTICES. UM, THESE HIGHLIGHTED THAT'S IN FAVOR, THOSE WERE SUPPORT, UM, THE APPLICANT PROVIDED, UM, WE DIDN'T RECEIVE ANY OURSELVES, BUT THEY WERE WITHIN THE 10, UM, THE 200 FEET. THOSE THAT ARE CHECK MARK IN GREEN. UM, WE DIDN'T RECEIVE ANY OPPOSITION EITHER, NEITHER DID THE APPLICANT. UM, COLLIBRA PARK NEIGHBORHOOD ASSOCIATION, THEY'RE IN SUPPORT OF VARIANCE REQUEST NUMBER ONE AND THREE AND IN THEIR SUPPORT EMAIL YOU'LL SEE THEIR REASON, THEIR REASONING BEHIND, UM, ITEM NUMBER TWO. AND THESE ARE THE SUPPORT SIGNATURES. THOSE WITH THE STAR, UH, THOSE WITHIN 200 AND THE OTHERS ARE RIGHT OUTSIDE THAT RADIUS. AND THESE ARE THE COMMENTS RECEIVED FROM THE COLLIBRA PARK NEIGHBORHOOD ASSOCIATION AND THEY'RE REASONING FOR TWO, THEY APPROVED A COMPROMISE OF NO LESS THAN A FIVE FOOT BUFFER YARD ALONG COLLIBRA ROAD FOR THE PURPOSE OF TREE PLANTINGS. HOWEVER, THEY PREFER THE PRESCRIBED 10 FOOT BUFFER YARD PRESERVATION OF EXISTING TREES AND INCREASING OUR TREE CANOPY HAS BEEN A CONSISTENT FOCUS OF COLLIBRA PARK. AND THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. ALL RIGHT, UH, LET'S HAVE THE APPLICANT COME FORWARD. GOOD AFTERNOON. MY NAME IS JENNIFER OSTEEN. I'M HERE WITH EARL AND ASSOCIATES PC ON BEHALF OF THE PROPERTY OWNERS, MR. JUAN AND SYLVIA BONILLA. THIS PROPERTY IS LOCATED AT 1310 WATKINS. PREVIOUSLY IT WAS TWO PROPERTIES, 4 40, 51 AND 40 41 OF CULEBRA. IT'S BEEN REPLANTED AND NOW THE MAIN ENTRANCE AND THE ONLY ENTRANCE FOR THIS PROJECT WILL BE OFF OF WATKINS. SO IT'S BEEN RE-ADDRESSED. YOU'LL NOTE THAT IF YOU LOOK AT THE, THE MAP THAT'S UP ON THE SCREEN, THAT THE BOX FOR NUMBER ONE INCLUDES THE TWO RESIDENTIAL STRUCTURES THAT CURRENTLY EXIST ON THE SUBJECT PROPERTY WITHIN THAT 200 FOOT RADIUS. WE ONLY CLARIFY THAT WHEN JUUL WAS UP HERE. SHE SAID THAT THE RESIDENTIAL USES WOULD BE EXTINGUISHED IF THIS IS APPROVED FOR THE [03:00:01] VARIANCE TO MOVE FORWARD. WE'VE DISCUSSED THAT IN C TWO, A RESIDENTIAL USES ALLOWED FOR A CARETAKER FOR THE PROPERTY AND BECAUSE OF SECURITY CONCERNS, THERE WOULD BE A COUPLE THAT WOULD BE A CARETAKING, UH, ROLE THAT WOULD BE IN THE RESIDENCE THAT'S CLOSEST TO COLLIBRA, RIGHT THERE IN THE LEFT HAND. YES, RIGHT THERE. SO I WANNA MAKE SURE WE CLARIFY THAT. UM, THIS PROJECT IS A GREAT PROJECT FOR THE NEIGHBORHOOD. THE VARIANCE IS NOT CON CONTRARY TO THE PUBLIC INTEREST. THE UDC POINTS US TO SOME OF THE CITY'S OVERARCHING THEMES AND DEVELOPMENT. AND ONE OF THOSE THINGS IS THAT WE SHOULD PERMIT GENERAL, EXCUSE ME, COMMERCIAL ACTIVITIES DESIGNED TO SERVE THE COMMUNITY SUCH AS REPAIR SHOPS, WHOLESALE BUSINESSES, AND LIMITED RETAIL SALES WITH SOME OUTDOOR DISPLAY OF GOODS. THESE DISTRICTS PROMOTE A BROAD RANGE OF COMMERCIAL OPERATIONS AND SERVICES NECESSARY FOR LARGE REGIONS OF THE CITY, PROVIDING COMMUNITY BALANCE. THERE ARE SEVERAL OTHER THINGS THAT WE LOOK TO WHEN WE'RE LOOKING AT THE CITY'S MASTER PLAN, INCLUDING SUPPORTING, ENCOURAGING EFFORTS TO DIVERSIFY THE ECONOMIC BASE OF SAN ANTONIO. ANOTHER IS TO DEFINE, PRESERVE, AND PROMOTE NEIGHBORHOOD CENTERS, WHICH INCLUDE SCHOOLS, LIBRARIES, STORES, TRANSIT CENTERS, COMMUNITY SERVICES, FACILITIES IN ACCESSIBLE PEDESTRIAN FRIENDLY ENVIRONMENTS. ALLOWING THIS VARIANCE WOULD ACTUALLY IMPROVE THE WELLBEING OF THE COMMUNITY IN AT LEAST THE FOLLOWING WAYS. IT WOULD PROMOTE ECONOMIC DEVELOPMENT, ENHANCE ACCESSIBILITY FOR ADDITIONAL DINING OPTIONS, ENCOURAGE SOCIAL INTERACTION AND STRENGTHEN COMMUNITY AND PROMOTING SUSTAINABILITY IN THAT FOOD TRUCKS CONSUME LESS ENERGY AND LESS WASTE, PRODUCE LESS WASTE THAN A TRADITIONAL FOOD SERVICE ESTABLISHMENT. THE TWO FOOD TRUCKS THAT ARE CURRENTLY ON THE LOT ARE ALLOWED UNDER C TWO ZONING. THE ONLY WAY FOR THIS PROPERTY TO BE DEVELOPED INTO A MOBILE FOOD COURT WOULD BE TO ALLOW THIS VARIANCE FOR UP TO 10 TRUCKS. I READ THROUGH THE STAFF'S RESPONSE AND REASONING BEHIND RECOMMENDING DENIAL. AND I HAVE TO SAY THAT THE NEIGHBORHOOD USE AROUND THIS AREA IS MOSTLY ZONE COMMERCIAL. THERE ARE A FEW COMMERCIAL LOTS THAT ARE CURRENTLY BEING USED RESIDENTIALLY, BUT IF YOU LOOK ALONG COLLIBRA SPECIFICALLY, IT IS VERY CONSISTENT, UH, THAT THIS IS A COMMERCIAL USE AND THERE'S NO DANGER TO THE PUBLIC. UM, BY HAVING A FOOD TRUCK PARK HERE. UM, SPECIFICALLY NOT HAVING THE BUFFER AND HAVING THE HIGHER FENCE, I DON'T THINK ENDANGERS THE PUBLIC AND I DON'T SEE THAT YOU WOULD AGREE WITH THAT EITHER. BUT FIRST AND FOREMOST, I MUST SAY THAT THE 200 FOOT REQUIREMENT FOR THE UP TO 10 FOOD TRUCKS IS SOMETHING THAT I CAN'T QUITE WRAP MY BRAIN AROUND. YOU HAVE THE SAME AMOUNT OF NOISE AND THE SAME AMOUNT OF, UM, BUSINESS ACTIVITY PRETTY MUCH BETWEEN THE TWO THAT ARE ALLOWED AND THE 10 THAT HE SEEKS TO HAVE. I WOULD ASK THAT YOU WOULD CONSIDER THAT MAYBE THAT 200 FOOT RADIUS REQUIREMENT WASN'T REALLY INTENDED TO PREVENT SOMETHING THAT WOULD OTHERWISE MAKE SENSE AND BE ALLOWED THERE. THIS IS ALREADY HIS ZONE C TWO. THIS, THIS USE IS ALLOWED. IT'S JUST THE NUMBER OF TRUCKS THAT HE'S SEEKING TO INCREASE AS FAR AS THE, UM, THE FENCING, THE FENCING THAT THEY'RE CONSIDERING. THE FRONT YARD IS NOW OFF OF WATKINS. PREVIOUSLY THAT, I MEAN IT WAS ALWAYS A FRONTAGE ROAD, BUT THAT WAS NOT WHERE THE MAIN ENTRANCE USED TO BE. CLOSING OFF THE ENTRANCE TO COLLIBRA TO WHERE NOW IT'S ONLY GOING TO BE OFF WATKINS AND IT'S A PREEXISTING SIX FOOT CHAIN LINK FENCE. AND WE JUST ASK THAT YOU ALLOW THAT CHAIN LINK FENCE TO REMAIN. IT IS PREDOMINANTLY, UM, OPEN AND EASILY PEOPLE CAN EASILY SEE THROUGH IT. AS FAR AS THE, UM, THE BUFFER GOES, I WANTED TO ASK THAT YOU LOOK AT THE EXEMPTIONS THAT ARE ALLOWED UNDER 35 DASH FIVE. 10 35. FIVE DASH FIVE 10 IS WHERE WE GET THE REQUIREMENT FOR A BUFFER ZONE. AND THERE ARE DIFFERENT THINGS THAT TRIGGER THAT REQUIREMENT. ONE OF THOSE BEING THE CONSTRUCTION OF A PARKING LOT. I CAN SEE THAT PUTTING IN THE PARKING LOT FOR THIS MOBILE FOOD TRUCK COURT MIGHT TRIGGER THE REQUIREMENT OF THE BUFFER. BUT LOOKING DOWN BELOW THAT TO 35 DASH FIVE 10 A1C, OR PARDON ME A TWO, YOU'LL SEE THAT THERE ARE EXEMPTIONS THAT KEEP THAT BUFFER FROM BEING TRIGGERED. AND ONE OF THEM WOULD BE ANY USE BUILDING OR STRUCTURE FOR WHICH ONLY A CHANGE OF USE IS REQUESTED AND DOES NOT INCREASE THE EXISTING BUILDING SQUARE FOOTAGE. MR. BONIA WILL NOT BE BUILDING ANY NEW PRIMARY STRUCTURES OR ENLARGING EXISTING STRUCTURES. THE SITE PLAN INDICATES THAT ONLY CONSTRUCTION MIGHT BE SMALL ACCESSORY STRUCTURES AND PARKING LOTS IN ADDITION TO ANY NECESSARY SITE WORK. SO IT'S MY OPINION AND I'M HOPING YOURS TOO, THAT IN FACT THAT BUFFER REQUIREMENT HAS NOT BEEN TRIGGERED WITH THIS PROJECT AND DOES NOT APPLY. IF IN FACT YOU DO FIND THAT THE BUFFER REQUIREMENT IS TRIGGERED, WE ASK THAT YOU CONSIDER REDUCING THE BUFFER REQUIREMENT FROM 10 FEET TO FIVE FEET TO ALLOW THIS PROJECT TO CONTINUE. YOU CAN SEE THAT THE SITE PLAN HAS BEEN CAREFULLY DESIGNED TO ALLOW FOR ADEQUATE PARKING THAT'S REQUIRED PER NUMBER OF FOOD TRUCKS. SO IN ORDER TO ENSURE WE HAVE ADEQUATE PARKING, WE WOULD ASK THAT YOU CONSIDER REDUCING AGAIN, [03:05:01] FROM, FROM 10 FEET TO FIVE FEET. OVERALL. THIS PROJECT, LIKE I SAID, IS A, A GOOD PROJECT FOR THE NEIGHBORHOOD AND FOR THE COMMUNITY. MR. BONIA DID GO DOOR TO DOOR AND VISITED WITH A LOT OF HIS NEIGHBORS. 20 DIFFERENT PEOPLE SIGNED THE LETTER IN SUPPORT, 10 OF THEM BEING WITHIN THE 200 FOOT BUFFER. HE ALSO VISITED WITH THE NEIGHBORHOOD ASSOCIATION AT TWO SEPARATE MEETINGS AND WAS ABLE TO GET THEIR SUPPORT. UM, AND I THINK THAT'S IMPORTANT TO SHOW THAT HE HAS THAT RELATIONSHIP WITH HIS NEIGHBORHOOD AND PLANS TO CONTINUE TO HAVE THAT NEIGHBORHOOD UM, RELATIONSHIP. THE SPIRIT OF THE ORDINANCE BEHIND ALL OF THIS IS TO ENSURE THAT THE INTERESTS OF A PROPERTY OWNER ARE BALANCED WITH THE INTERESTS OF THE COMMUNITY AT LARGE AS WELL AS THE INTERESTS OF THE OTHER ADJOINING PROPERTY OWNERS. BY SIGNING THE LETTER PROVIDED THOSE 20 NEIGHBORS HAVE SHOWN SUPPORT AND RECOGNIZE THAT THE MOBILE FOOD TRUCK COURT WILL BENEFIT THEIR AREA. THIS VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT BEING LOCATED ALONG CULEBRA. THE USE OF THIS PROPERTY FOR COMMERCIAL PURPOSES IS APPROPRIATE AND THE CURRENT ZONING ALLOWS FOR VARIOUS COMMERCIAL USES. THIS PROPERTY IS SUITED FOR FOOD RELATED BUSINESSES AND PUBLIC GATHERING SPACES. THERE ARE CURRENTLY NO RESIDENTIALLY ZONED LOTS ADJACENT TO THE SUBJECT PROPERTY. IN ADDITION, THE COUNCILWOMAN IN THIS DISTRICT STAFF MEMBER INDICATED THAT EVEN CITY STAFF BELIEVES THAT GRANTING THIS VARIANCE WILL NOT AFFECT THE LARGE AREA OF REZONING CCR THAT HAS BEEN SUBMITTED FOR THIS AREA. THE PLIGHT OF THE OWNER OF THIS PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES. SPECIFICALLY IT'S AN IRREGULARLY SHAPED LOT IF YOU TAKE A LOOK AT IT. IF AT THE REPL WE'VE ADDED TWO ZONES, SO PARDON ME, TWO LOTS HAVE BEEN COMBINED INTO ONE, BUT IT IS IN IRREGULAR SHAPE. AND NOW AT THE CITY STAFF'S, UH, REQUEST, HE HAS AGAIN AGREED TO CLOSE THE ENTRANCE OFF OF COLLIBRA. SO YOU HAVE LIMITED ACCESS JUST TO WATKINS. IT DOESN'T NEGATIVELY AFFECT THE USE OF THE PROPERTY IN THE WAY THAT THE OWNER SEEKS TO USE IT, BUT IT DOES LIMIT WHAT OTHER POTENTIAL USES GRANTING THIS VARIANCE WILL ALLOW THE PROPERTY OWNER TO UTILIZE THIS SUBJECT PROPERTY IN A WAY THAT MEETS COMMUNITY DEMAND. THE PRIMARY REASON FOR THIS REQUEST IS LOCATION, SHAPE, AND ACCESS OF THE SUBJECT PROPERTY. AND WE RESPECTFULLY REQUEST THAT YOU APPROVE THE VARIANCES HE'S ASKED FOR TODAY. OKAY. UH, ONE QUICK THING, UM, BEFORE WE GO INTO SOME QUESTIONS. STAFF, CAN YOU BRING UP THE CSA ONE STOP MAP? 'CAUSE WHEN I BRING IT UP, IT SHOWS A SECOND LOT OVER TO BE ZONED ARE, UH, RESIDENTIAL AND NOT C TWO AS, AS, AS IN THE, UH, EXHIBITS. THERE WAS A A LOT ADJACENT THAT JUST WENT THROUGH, UM, YOUR BOARD, I THINK LAST MONTH OR THE MONTH BEFORE AND REQUESTED A REZONING. THEY HAD ALREADY BEEN BUILDING A RESIDENTIAL STRUCTURE AND I BELIEVE CAME AND ASKED FOR IT TO BE REZONED TO MATCH THE BUILDING THAT WAS UNDER CONSTRUCTION. YEAH, THAT'S WHY BECAUSE I SOMETIMES THESE DON'T GET UPDATED AS FAST AS YOU LIKE 'EM TO, BUT THAT WOULD BE KIND OF, BECAUSE THAT WAS THE ONE LOT THAT YOU DIDN'T GET A RESPONSE FROM. AND THAT'S WHY I WAS CURIOUS. AND JUST TO CLARIFY, UM, HAS NOTHING TO DO WITH THE REQUEST, BUT WE ARE JUST VERIFYING THAT THE USE OF A CARETAKER FACILITY DOES QUALIFY AS A NON-RESIDENTIAL USE. UM, AGAIN, SPECIFICALLY TO THE VARIANCE REQUESTED, IT'S NOT RELEVANT, IT'S JUST GONNA BE RELEVANT TO THE DEVELOPMENT MOVING FORWARD. YEAH. 'CAUSE I WAS WONDERING ABOUT LIKE STORAGE UNITS SOMETIMES HAVE THOSE AND SO I KNOW THAT, YOU KNOW, THEY'LL HAVE A CARETAKER FACILITY ON THAT AND, AND THAT, YOU KNOW, WE LOOKED AT IT EARLIER. I JUST WANTED TO NOT MISLEAD YOU IN THINKING THAT THERE WOULD BE NO ONE LIVING THERE EVER. BECAUSE IF IT IS ALLOWED, THAT MAY OCCUR. BRAGMAN COMMISSIONER BRAGMAN. SO IS THE SECOND STRUCTURE BEING ELIMINATED? NO, THE SECOND STRUCTURE WILL BE REMAIN, BUT IT WILL BE UTILIZED IN THE COMMERCIAL BUSINESS. UM, THIS WILL BE FOOD TRUCKS AND THERE'S ALSO GOING TO BE, UH, THAT BUILDING THAT'LL BE UTILIZED FOR BATHROOM SPACE AND STORAGE, THINGS LIKE THAT. OKAY. UH, TON. COMMISSIONER PERRY, HOW MUCH OF A PROBLEM WOULD IT BE FOR YOU TO HAVE THE FIVE FOOT BUFFER ALONG COLLIBRA? I THINK THAT'S DOABLE. UM, I JUST WANTED TO BRING UP THE, THE TEXT OF THE UDC THOUGH, 'CAUSE I'M NOT SURE IT'S ACTUALLY TRIGGERED, BUT THE OWNER HAS INDICATED THAT WE CAN THINK WE CAN ACCOMMODATE A FIVE FOOT BUFFER. AND, AND PLEASE I WAS LOOKING THROUGH THOSE EXEMPTION. YOU'RE TALKING ABOUT THE ONE ABOUT WHERE IT SAYS THE RECONSTRUCTION OF AN EXISTING BUILDING. LET ME FIND THAT NUMBER FOR YOU. IT WAS A TWO F ANY USE BUILDING OR STRUCTURE FOR WHICH ONLY A CHANGE OF USE IS REQUESTED AND WHICH DOES NOT INCREASE THE EXISTING BUILDING SQUARE FOOTAGE. HE'S NOT BUILDING ANYTHING BUT PARKING LOT. UM, AND MAYBE ACCESSORY STRUCTURES DOWN THE ROAD, BUT THE CITY'S CLASSIFYING AS A CHANGE OF USE BECAUSE YOU'RE GOING FROM TWO FOOD TRUCKS TO MORE THAN ONE. BUT IT'S NOT A CHANGE OF USE, IT'S JUST THAT THE SPECIAL MOBILE FOOD TRUCK PROVISIONS REQUIRE THAT 200 FOOT RADIUS, EVEN THOUGH THE REGULAR TWO TRUCKS. SO FOR STAFF, WHEN THE, WHEN IT SAYS CHANGE OF USE, IS THAT, WOULD THAT BE ANYTHING THAT'S [03:10:01] ITEMIZED ON THE ZONING USE TABLE? OR IS IT LIKE, IS LIKE I SAID, IF IT'S TWO FOOD TRUCKS AND THAT'S DIFFERENT THAN 10 FOOD TRUCKS, IS THAT CONSIDERED A CHANGE OF USE? CORRECT. SO WE CLASSIFY ONE AND TWO FOOD TRUCKS AS A FOOD SERVICE ESTABLISHMENT JUST LIKE WE WOULD ANY OTHER RESTAURANT ONCE THEY GO THREE TO 10. IT'S A MOBILE FOOD COURT. OKAY. PER THE DEFINITION. APPENDIX DI JUST WANTED TO MAKE SURE. OR APPENDIX A. ALRIGHT. ANY OTHER COMMISSION QUESTIONS? THAT EXEMPTION? I WAS ASSUMING THAT THAT WAS HIS INTERPRETATION AND I THINK THE EXEMPTION STILL ALLOWS IF IT'S CONSIDERED A CHANGE OF USE. I, I I I I'M GOING TO, I SEE STAFFS OKAY ON THIS ONE. FAIR ENOUGH. AND I SAY THAT 'CAUSE THAT EXISTS, YOU KNOW, WE HAVE THE SAME THING WITH ASSISTED LIVING FACILITIES. YOU HAVE MORE THAN SIX, LESS THAN SIX. THERE'S PERMITING REQUIRES OF THE STATE OF EF. SO MORE THAN THREE. LESS THAN THREE. I MEAN, SO THERE'S, THAT OCCURS ALL THE TIME. SO ANYWAY, ANY OTHER QUESTIONS? STEVENS? COMMISSIONER STEVENS? NOT SO MUCH OF A QUESTION, BUT, UM, I THINK THAT THIS, THIS LOOKS LIKE A GREAT OPPORTUNITY FOR THE AREA. I, I DON'T KNOW THAT I WOULD FALL ON LIKE THIS FIVE FOOT BUFFER WOULD BE THE SWORD THAT I'D FALL ON. I THINK THE 200 FOOT SEPARATION IS PROBABLY A BIGGER HURDLE. BUT I WILL SAY, YOU KNOW, YOU TOUCHED ON THIS, IS TO HELP AVOID NOISE AND, AND, AND SMELLS OFF-PUTTING SMELLS. BUT IT SEEMS THAT YOU'VE GOT A TON OF SUPPORT AND WHEN THESE THINGS ARE REQUIRED TO BE 200 FEET AWAY FROM MANY RESIDENCES, THEY, THEY TEND TO FAIL TO SERVE THE NEIGHBORHOOD. SO I'LL BE IN FULL SUPPORT OF THIS BECAUSE I THINK IT'S A GREAT PLACE ALONG A COMMERCIAL CORRIDOR AND IT CAN ACTUALLY SERVE THE NEIGHBORHOOD IT'S IN. ALL RIGHT. ANY OTHER, UM, COMMISSIONERS LIKE TO CHIME IN? OKAY. SO, UM, IS THERE ANY VOICEMAILS ANYONE SEND TO DISPUTE? IT'S NO PUBLIC COMMENT. ALRIGHT, WELL, WE'LL SEE HOW THIS TURNS OUT. I'M LOOKING FOR A MOTION. THANK YOU FOR YOUR TIME. COMMISSIONER BREGMAN REGARDING CASE NUMBER BO OA DASH 25 DASH 0 3 0 0 1. I MOVE THE BOARD OF ADJUSTMENT GRANT ONE AND ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 200 FEET OF A RESIDENTIAL LOT OR USE. AND TWO, THE REDUCTION OF A 10 FOOT BUFFER TO FIVE FOOT ALONG COLLIBRA ROAD SITUATED AT 1 3 1 0 WATKINS LANE. APPLICANT BEING EARL AND ASSOCIATES PC BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, OTHER 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 BECAUSE THE LACK OF SEPARATION WOULD NOT CREATE POTENTIAL NUISANCES AS THE LOT HAS EXISTING STRUCTURES THAT WOULD SEPARATE THE USE FROM THE RESIDENTIAL USE LOT. ADDITIONALLY, THE ELIMINATION, THE REDUCTION OF THE BUFFER WOULD NOT EXPOSE PEDESTRIANS AND TRAFFIC TO NOISE AND POTENTIAL POLLUTANTS AS PARKING IS PROPOSED TO BE A ALONG ON COLLIBRA ROAD TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THE USE WOULD NOT BE PREVENTED DUE TO THE SEPARATION REQUIREMENTS AND THE DE DEVELOPMENT AREA WOULD BE REDUCED TO ABIDE BY THE BUFFER REQUIREMENTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THERE IS SUFFICIENT SPACE BETWEEN LOTS AND BUFFERING AGAINST THE ARTERIAL ROAD TO PROPERLY ACCOMMODATE THE PROPOSED DEVELOPMENT. FOUR, THE VARIANCE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED, NO USES OF THOSE IN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE ADEQUATE SPACE WILL REMAIN BETWEEN MOBILE FOOD COURT AND THE RESIDENTIAL LOT AND THE REDUCTION OF THE BUFFER WILL NOT IMPACT THE HEAVILY TRAFFICKED ARTERIAL ROAD. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY OF WHICH VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTED 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 THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS SUPPLY TO THE OWNER OF THE PROPERTY. FIRST VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS A RECONFIGURATION OF THE DEVELOPMENT WOULD RESULT IN LESS PARKING AREA AND ELIMINATE THE USE OF MOBILE FOOD TRUCKS. END OF MOTION. I'LL SECOND THAT. UH, COMMISSIONER BAGMAN. CAN WE HAVE A, UM, CAN, CAN I ASK THAT THE, THAT THE, INSTEAD OF USING THE WORD ELIMINATION OF THE 10 FOOT BUFFER TO SAY A A FIVE FOOT VARIANCE FROM THE 10 FOOT BUFFER TO ALLOW FOR A FIVE FOOT BUFFER ALONG COLLAB I SAID REDUCTION. YOU DID, YEAH, YOU DID. AND MULTIPLE TIMES WHEN YOU WERE INITIALLY READY, RIGHT? THE TERM ELIMINATION? NO, I SAID REDUCTION. YOU SAID REDUCTION. I SAID YES YOU DID, BECAUSE I WROTE IT DOWN. OKAY. BUT IF IT MAKES YOU HAPPY, I WILL [03:15:01] REREAD AND SAY THE REDUCTION OF A 10 FOOT BUFFER TO A FIVE FOOT BUFFER YARD ALONG OR A VARIANCE, LIKE I DON'T, I DON'T KNOW IF WE HAVE TO SAY THE WORD VARI. DO WE HAVE TO SAY THE WORD VARIANCE ON EMOTION IF IT, IF IT'S NOT AN ELIMINATION? THAT'S WHAT I WAS GETTING AT. THAT'S ALL. YEAH. ONE MORE TIME. SORRY. DO WE HAVE TO DO, WHEN WE, WHEN WE ARE GOING FROM A 10 FOOT TO A FIVE FOOT BUFFER, DO WE HAVE TO USE THE TERM VARIANCE AND THE READING OF THE MOTION? UM, SO YES, YOU'RE DOING A, A 10 FOOT VARIANCE TO ALLOW A FIVE FOOT BUFFER. I THINK THAT IS A FIVE FOOT VARIANCE TO ALLOW A FIVE FOOT BUFFER. OKAY. RIGHT. I'M SORRY. YEAH. A FIVE FOOT VARIANCE. FOUR A FIVE FOOT BUFFER. YES. FIVE FOOT VARIANCE TO ALLOW A FIVE FOOT BUFFER. YES. ALONG COLLIBRA ROAD. OKAY. OKAY. SORRY TO THAT'S ALL RIGHT. BE A STICKLER ABOUT THAT. OKAY. SO WHAT DO YOU THINK COMMISSIONER BREGMAN I'LL BE SUPPORT OF THE CORRECTED MOTION. I THINK IT, UH, THERE'S A LOT OF SUPPORT IN THE COMMUNITY. I THINK IT'LL PROVIDE, UM, A LOT OF OPTIONS FOR PEOPLE. UM, AND SO I'LL BE IN SUPPORT. UH, I AGREE. UH, ANYONE ELSE LIKE TO ADD, UH, HEARING AS A ROLL CALL VOTE PLEASE. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN. YES, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER I EZ I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER MENNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES. I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN. I CONCUR. ALL RIGHT. MOTION PASSES A SPECIAL EXCEPTION. OKAY, REGARDING CASE NUMBER BO A DASH 25 DASH 0 3 0 0 1 0 1, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A ONE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT, PREDOMINANTLY OPEN FENCE HEIGHT TO ALLOW SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT 1 3 1 0 WATKINS LANE. APPLICANT BEING EARL AND ASSOCIATES PC BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY. AS SUCH, THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER AS THE LIMITED FRONT YARD FENCE HEIGHT MAINTAINS PRIVACY AND SECURITY, WHILE ENSURING THE COMMERCIAL FRONTAGE REMAINS VISIBLE, ACCESSIBLE AND WELCOMING. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUB SUBSTANTIALLY SERVED AS THE PREDOMINANTLY OPEN FENCE DOES NOT APPEAR TO INTERFERE WITH THE VISION TO SAFELY EXIT ONTO COLLIBRA ROAD. C. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE USE BY SUCH PROPOSED USE AS THE PREDOMINANTLY OPEN FENCE REMAINS VISIBLY VIS VISUALLY ACCESSIBLE AND WELCOMING. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY, WHICH THE SPECIAL EXCEPTION IS SOUGHT AS THE ADDITIONAL FENCE HEIGHT MAINTAINS VISUAL OPENNESS TO THE COMMERCIAL AREA IN THE SURROUNDING AREA. E THE SPECIAL EXCEPTION WILL NOT ALTER, WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. AS THE DESIGN REMAINS COM COMPATIBLE WITH THE SURROUNDING ENVIRONMENT, IT DOES NOT CREATE A PRECEDENT THAT WOULD UNDERMINE THE INTENT OF THE UDC END OF MOTION. SECOND. SECOND BY COMMISSIONER MANER. COMMISSIONER BRIGMAN, UH, I'LL BE SUPPORT OF THE MOTION AGAIN BECAUSE OF THE SUPPORT FROM THE NEIGHBORHOOD COMMISSIONER MANNA, UH, MY CONCUR WITH MY COLLEAGUE. THERE ARE OTHER FENCES ALONG, UH, THESE, UH, THIS ROADWAYS THAT ARE AT THAT HEIGHT AS WELL. UM, AND AS LONG AS IT'S PREDOMINANTLY OPEN, THAT SOUNDS FINE WITH ME. ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING UNANIM US? HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MENNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER A BONIS? I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BEES? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN? I CONCUR. CHAIR ORIAN? YES. AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UH, CONGRATULATIONS. YEP. UM, WE ARE ON ITEM 10. YES. ITEM NUMBER 10 IS BO OA DASH 25 DASH 1 0 3 0 0 1 0 3 ADDRESSED AT 3 9 0 9 ELLO LANE IN COUNCIL DISTRICT EIGHT. THE APPLICANT IS JASON MATT. A [03:20:01] REQUEST FOR A THREE FOOT THREE INCH SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT PRIVACY FENCE TO ALLOW A SIX FOOT THREE INCH FRONT YARD PRIVACY FENCE. THE ZONE IS R SIX. THE SUBJECT PROPERTY SITUATED IN THE NORTHWEST PART OF THE CITY WEST OF IH 10 ONTO PELLO LANE. THE UNDEVELOPED PROPERTY HAS SPLIT ZONING WITH AN R SIX BASE DISTRICT AT THE FRONT AND AN MF 33 BASE DISTRICT AT THE REAR. THE APPLICANT HAS INDICATED THAT THE PROPERTY OWNERS ARE REQUESTING A VARIANCE TO ALLOW THE INSTALLATION OF A FRONT YARD PRIVACY FENCE WITH VARYING HEIGHTS EXCEEDING THE THREE FOOT MAXIMUM ALLOWABLE HEIGHT. THE PROPERTY MEETS THE STANDARD FOR A LARGE LOT FENCE, HOWEVER, THAT IS LIMITED TO A SIX FOOT PREDOMINANTLY OPEN FENCE. THE PROPOSED FENCE WOULD BE SIX FOOT THREE INCH IN HEIGHT AT ITS TALLEST POINT. THE FENCE LOCATED ON 3 8 4 2 TAPELLA DRIVE WAS APPROVED ON MARCH 8TH, 1985. AND THIS IS LOCATE LOCATED HIGHLIGHTING THE LOCATION OF THE SIX FOOT THREE INCH PRIVACY FENCE. AND THE WORDING BELOW WAS SOME OF THE EXAMPLES THAT THE APPLICANT PROVIDED. AND THIS IS A CURRENT VIEW OF THE PROPERTY AND THE SURROUNDING AREA. STAFF'S RECOMMENDATION FOR THE FENCE HEIGHT. SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL AND BO OA DASH 25 DASH 0 3 0 0 1 0 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE DEFENSE SPECIAL EXCEPTION DOES NOT APPEAR TO CREATE ANY ADDITIONAL ENHANCED SECURITY AND PRIVACY. AND TWO, THE REQUESTED SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF MAILED 14 NOTICES. UM, THE TWO THAT'S IN FAVOR WERE, UM, PROVIDED BY THE APPLICANT NO RESPONSE FROM WRIGHT COMMONS. AND THIS IS THE SUPPORT ADDRESS AT 39 23 AND 39 1 9. AND THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT STAFF. ALRIGHT, UH, COMMISSIONER BRACKMAN. UH, JUST GOING BACK TO THE, UH, NOTIFICATION AND THE, UM, IN FAVOR ON THE ONE THAT YOU JUST SHOWED, IT SHOWS THE TWO MULTIFAMILY, BUT THEN ON OURS IT ALSO SHOWS A, UH, IN FAVOR AT 39 35, UH, TUPELO LANE. SO IS, IS THAT THREE THEN THAT ARE IN FAVOR? I THINK I ONLY HAD THE TWO UP FOR 23 AND 19, BUT LET'S, I'M LOOKING AT THE POWERPOINT. OKAY. YEAH, THE POWERPOINT. POWERPOINT SHOWS ON OURS. THERE'S A IN FAVOR AT 39 35 2 BELOW. OH, THAT WAS BEFORE I, UM, EDITED THIS MORNING. YES. SO THAT ONE WASN'T RECEIVED. NO. OKAY, SO IT'S JUST THE TWO. YES. OKAY. THANK YOU. ALRIGHT. HAVE THE APPLICANT COME FORWARD? YEAH, THE POWERPOINTS WE SEND Y'ALL IS LIKE, BEFORE WE GET ALL THE FINAL COUNTS, SO SORRY, THAT WAS MISLEADING. GOOD AFTERNOON. UM, MY NAME'S KEVIN FITZGERALD. I'M WITH MATTER AND FITZGERALD CUSTOM BUILDERS. WE ACTUALLY HELPED, UH, PONES, UM, DEVELOPED THEIR PLANS OVER THE LAST YEAR AND A HALF. AND, UM, ACTUALLY PERONE ARE HERE AS WELL. AND, UM, MS. PERONE WOULD MAY COME UP AND SPEAK, UM, IF TIME ALLOWS. UM, SO FIRST OF ALL, THE, UH, WE DID HAVE THREE APPROVALS. UM, THERE WAS THE, I CAN'T REMEMBER THE EXACT ADDRESS Y'ALL HAD MENTIONED, BUT IT WAS AN EMAIL FORMAT FROM MR. UH, JOHN HAYNES WHO LIVES DIRECTLY TO THE RIGHT OF THE PROPERTY. UM, THIS, UH, STREET'S KIND OF, UH, UNIQUE IN THE SENSE THERE'S ONLY 15, UM, RESIDENTIAL LOTS, UH, ON THIS STREET. AND THERE FOR THE LONGEST TIME, THERE WAS ONLY TWO AVAILABLE TO BUILD ON, AND I JUST SO HAPPENED TO BUILD THE HOUSE TO THE RIGHT. UM, SO WHEN I REACHED OUT TO HIM AND ASKED FOR APPROVAL, UM, HE SAID, NO PROBLEM. SO, UM, UH, KIND OF A CRAZY STORY, BUT WHEN THEY HAD CALLED ME TO INQUIRE ABOUT, UM, BIDDING ON THEIR PROJECT AND BUILDING IT, I THOUGHT IT WAS BECAUSE OUR SIGN WAS NEXT DOOR TO IT, BUT [03:25:01] THEY HAD NO IDEA THAT WE ACTUALLY BUILT A HOUSE TO THE RIGHT. SO, UM, JUST KIND OF A GOD THING THAT WE ENDED UP ENGAGING WITH THEM AND BEING SUPER FAMILIAR WITH THE STREET. WE WOULD BE, UM, IF THIS ORDINANCE, UH, UH, STANDS, WE WOULD ACTUALLY BE THE ONLY HOUSE ON THE ENTIRE STREET THAT WOULD BE SUBJECT TO THIS ORDINANCE. UM, WE DO HAVE A POWERPOINT PRESENTATION THAT WE SUBMITTED IN AND, UM, WE PHYSICALLY TOOK MEASUREMENTS, UH, UP AND DOWN THE STREET. THIS IS AN ESTATE TYPE, UH, LOT COMMUNITY, WHICH, UM, HAS SIZABLE ACREAGE LOTS, UM, AND SIZABLE HOMES, AND THEY ALL HAVE ENTRY GATES TO THEM. SO GENERALLY WITH THE, UH, WITH THE ENTRY GATES, YOU KNOW, THEY'RE, THEY DON'T HAVE TO BE, BUT, UM, OFTENTIMES YOU'LL SEE LIKE WHAT WE CALL WING WALLS, WHICH ARE LIKE, UH, KIND OF DECORATIVE, PRETTY STUCCO WING WALLS THAT MIGHT HAVE EITHER AN ADDRESS PLACARD ON THEM OR SOMETHING THAT CONCEALS THE, UH, GATE OPERATORS OR THE OPENER. AND, UM, YOU SEE THIS CONDITION GOING UP AND DOWN THE STREET, UM, ONTO TUPELO. UM, THIS IS THE ACTUAL, THEY HAVE A 340 FEET OF FRONTAGE. SO, AND THE HISTORY BEHIND THE PROPERTY WAS, IT WAS ZONED R SIX AND MF 33. SO THEY'RE CURRENTLY, UM, IN THE PROCESS OF, OF REZONING THAT, UM, BECAUSE THEY WANT TO TAKE THE PLATS AND, YOU KNOW, COMBINE THE TWO PROPERTIES AND, AND BASICALLY TURN THEM FROM COMMERCIAL TO RESIDENTIAL. SO IT'S A TWO AND A HALF ACRE PROPERTY IN TOTAL. AND, UM, THIS IS, UH, THE INSPIRATION PHOTO FOR, UH, THE FENCING THAT THEY WOULD LIKE TO HAVE. AND THIS IS FROM A COMPANY CALLED SLEEK FENCE. AND, UM, IT'S A BASICALLY A, UM, ANODIZED ALUMINUM FENCE THAT HAS SOME, UH, OBSCURITY TO IT, BUT ALSO A VISUAL SEE-THROUGH. SO IT'S NOT LIKE COMPLETELY SOLID. BUT, UM, THE BENEFIT OF A FENCE LIKE THIS IS ANYTIME YOU USE A STEEL FENCE, UM, ANY, ANY TYPE OF, UM, WELDING JOINT HAS A PROPENSITY TO ALLOW WATER TO ENTER INTO IT AND BEGIN A RUSTING CYCLE. SO THIS IS A COMPLETELY LIKE MODULAR KIT TYPE FENCE THAT ALLOWS YOU TO INTRODUCE THESE ALUMINUM SLATS IN THERE AND IT HOLDS UP REALLY NICE. IT'LL, YOU KNOW, STAND THE TEST OF TIME FOR, UH, EROSION. AND BECAUSE IT'S ANODIZED IT'S GONNA HOLD UP REALLY WELL AND NOT NEED TO BE PAINTED OR ANYTHING LIKE THAT. SO ALL THAT TO SAY, DON'T WANNA BRING SHAME TO THE NEIGHBORHOOD, UM, YOU WANT, WE WANT TO ENHANCE THE, THE QUALITY AND LOOK AND ASPECT OF THE, OF THE NEIGHBORHOOD, UM, IN BUILDING THAT, UH, HOUSE IMMEDIATELY TO THE RIGHT. UH, I FINISHED, I THINK WE FINISHED THAT IN 2022. UM, THIS IS, UH, UH, A, A COMMUNITY THAT IS, UH, NESTLE, RIGHT IN BETWEEN MULTIFAMILY, UH, PRETTY MUCH IH 10. I KNOW IT'S TOUGH TO SEE FROM THE PHOTO Y'ALL HAVE, BUT IH TEN'S RIGHT NEXT TO IT AS WELL IN CALLAHAN. SO IT'S IN THIS, UH, CROSS HAIR OF, OF, UM, A A LOT OF OF HOMELESS ACTIVITY. UM, YOU CAN SEE THERE'S, THERE'S TONS OF ENCAMPMENTS, UH, ON THE, ON THE, UH, PROPERTY THAT ARE CONSTANTLY BEING, YOU KNOW, LITERALLY MOVED OUT. LIKE WE WE'RE CONSTANTLY HAVING TO MOVE PEOPLE OFF THERE. SO, UM, WHEN WE WERE BUILDING THE PROJECT TO THE RIGHT, AND I DIDN'T GET MR. HAYNES TO WRITE ANYTHING ABOUT THIS, I SHOULD HAVE, BUT WE DID HAVE QUITE A BIT OF HOMELESS ACTIVITY ON THERE AND WE HAD A LOT OF THEFT WITH, UH, LIKE THE, WHEN WE HAD WIRED THE HOUSE WITH ALL THE COPPER, WE ACTUALLY HAD ALL THE COPPER RIPPED OUT OF IT, UM, THROUGH THE FRAMING. SO WE DID HAVE TO AMP UP SECURITY, NOT ANYBODY'S PROBLEM, BUT OURS. BUT WE JUST FEEL LIKE THAT'S ALL THE MORE REASON THAT, UM, YOU KNOW, OFFENSE IS, UH, DESIGNED TO HELP PROTECT, UM, THOSE FOLKS ON THE, IN INSIDE OF IT, UH, ESPECIALLY WHEN, UM, EVERYBODY ELSE HAS THAT. AND I BELIEVE THE LAST APPLICATION THAT WE LOOKED UP PUBLICLY ON RECORD WAS ACROSS THE STREET FROM US TO THE RIGHT, THE CEO OF, UH, SAS, MR. PUENTE, ROBERT FUENTE, OR PUENTE, I BELIEVE IS HIS NAME. HE WAS, UH, GRANTED, UM, A VARIANCE, UH, FOR A, FOR AN EIGHT FOOT FENCE. UM, AND Y'ALL SHOULD HAVE THAT ON RECORD AS WELL. UM, SO WE'RE JUST ASKING FOR THE SAME THING. UM, AND, BUT YOU KNOW, OPEN TO WHATEVER WE NEED TO DO TO, UH, YOU KNOW, NOT BE RULE BREAKERS, BUT YOU KNOW, NOT, UH, OR NOT DO ANYTHING THAT YOU GUYS VIEW AS WRONG. WE, THAT'S NOT THE INTENT AT ALL. BUT, UM, LEMME THINK IF THERE'S ANYTHING ELSE. UM, THERE WAS A, YOU [03:30:01] KNOW, IF YOU CAN IMAGINE THIS, THERE WAS A, A, A FATAL SHOOTING ON THE STREET. IT'S ONLY 15 HOUSES JUST, UH, LAST OCTOBER, UM, ON HALLOWEEN. SO KIND OF A, A LITTLE BIT OF A, OF A HITTING CLOSE TO HOME FOR THEM SINCE IT WAS SO RECENT. AND, UM, ALSO KIND OF LIKE, UH, NOT TO BE DRAMATIC, BUT IT DOES KIND OF POINT OUT THE, THE AREA THAT WE'RE IN. IT IS A, UM, IT IS KIND OF LIKE, UH, BEING ALMOST A LITTLE BIT IN DOWNTOWN. IT'S A PRETTY ACTIVE AREA WITH A LOT OF COMMERCIAL AND TRANSIENT TYPE ACTIVITY GOING ON, BUT IT'S A BEAUTIFUL STREET. SO, UM, I'M NOT SURE IF THERE'S ANYTHING ELSE THAT I'D, YOU KNOW, LIKE TO ADD AT THIS POINT WITHOUT, YOU KNOW, OPENING UP TO ANY KIND OF QUESTIONS OR, UM, BUT WE HAVE STARTED THE PROJECT WE'VE JUST DONE, UM, WE WERE WORKING WITH THE CITY PRETTY CLOSELY ON IT, AND, UM, WE TOLD THEM WHAT WE'LL TOTALLY REMOVE THE FENCE AND NOT EVEN HAVE THAT AS PART OF THE PERMIT, PART OF THE PERMIT APPROVAL PROCESS. AND, UM, THEY SAID, OKAY, YEAH, SO JUST, YOU KNOW, BRING IT UP, WE'LL BRING IT IN FRONT OF THE, UH, BOARD OF ADJUSTMENTS AND, UM, WE'LL APPROVE THIS AS, YOU KNOW, LIKE TO BE DETERMINED LATER KIND OF A THING. SO, SO STAFF, CAN YOU BRING UP THE SITE LINE PLEASE? ALL RIGHT. SO, UM, IS THE, IS THE DARK HEAVIER LINE ABOVE THAT RED BOX, IS THAT THE ACTUAL PROPERTY LINE? UH, NO SIR. THAT DARK HEAVIER LINE IS ACTUALLY THE FENCE. SO THE WHERE THE, THE RED OUTLINE IS, IS ACTUALLY, UM, I, I'M NOT SURE, UH, WHAT THAT RED BOX IS TO REPRESENT OTHER THAN OKAY. THE, SO YOU'RE WANTING TO PUT THE FENCE PRETTY FAR AWAY FROM THE ASPHALT OF THE STREET? YES, SIR. IT'S ABOUT 25 FEET AND THEN, UH, THE FRONT YARD, IS IT, THE FRONT YARD STARTS AT THE BEGINNING OF THE HOME, UHHUH, , ARE YOU WANTING TO PUT A TALLER FENCE, UM, ALL THE WAY UP DOWN THE SIDE OR JUST ALONG THE FRONT? UH, WELL, JUST ALONG THE FRONT IF WE'RE ASKING FOR THE, BECAUSE ONCE YOU, THE MOMENT YOU TURN 90 DEGREES AND START GOING BACK TOWARDS THE HOUSE, UHHUH, , IT DOESN'T, IT ALSO HAVE TO BE THREE FEET UNTIL YOU HIT THE HOUSE. AND SO THAT IS CORRECT. AND SO I JUST WANTED TO MAKE SURE THAT WE'RE CLEAR ON WHAT YOU'RE ACTUALLY LOOKING FOR. SO THE, I BELIEVE THE SIDE, THE, THE SIDE SETBACKS FOR THE FENCE REQUIREMENT ARE DIFFERENT, IF I'M NOT MISTAKEN, BUT, BUT THE FRONT, WHEN IT SAYS THE FRONT MM-HMM . IT MEANS FROM THE FRONT FAC SIDE OF THE HOUSE DOWN TO THE PROPERTY LINE, ANYWHERE IN THAT REGION, IT CAN EXCEED THREE FEET. UNLESS IT'S, I, IT'S, YEAH. OKAY. SO WHAT, WHERE ARE YOU, CAN YOU, CAN YOU HAND HIM THE POINTER AND KINDA SHOW US WHERE YOU'RE, YOU'RE DESIRING THIS TALLER FENCE? SURE. DO. I, IT'S A BUTTON RIGHT THERE. OH, GOTCHA. OKAY. UM, FIRST TIME OPERATING ONE OF THESE, SO THE FENCE THAT WE'RE REFERRING TO IS RIGHT HERE. UHHUH . OKAY. AND THIS IS ACTUALLY A DRIVEWAY OKAY. LEADING INTO THE GARAGE, WHICH IS RIGHT HERE. OKAY. I'M MISTAKE. I'M SORRY. YEAH. OKAY. UM, SO THE FRONT FACADE OF THE HOUSE IS ACTUALLY RIGHT HERE? YES. AND THEN THIS IS ALL, UM, WHAT WE CALL FLAT WORK OR DRIVEWAY THAT LEADS UP TO TWO. YEAH, BUT DO YOU WANT, ARE YOU GONNA PUT A FENCE ON THE SIDE OF THE HOME? THERE'S ACTUALLY A PREEXISTING FENCE HERE. OKAY. AND IS THAT FENCE OVER THREE FEET TALL? UH, IT IS OPEN AND IT IS, UH, OVER THREE FEET TALL. YES, SIR. WELL, IT CAN BE PREDOMINANTLY OPEN UP TO FIVE FEET. OKAY. BUT FROM THE CORNER OF THE HOUSE MM-HMM . DOWN TO WHERE YOU'RE WANTING TO PUT THE FENCE FROM HERE TO HERE, UHHUH TO, TO THERE, YEAH. YEAH. THAT CAN, THAT CAN BE EITHER THREE FEET SOLID OR FIVE FEET OPEN. TH THIS IS ALREADY THERE. OKAY, BUT YOU'RE NOT, YOU HAVE NO DESIRE TO MAKE IT? NO, SIR. NON TO MAKE IT A SOLID FENCE? NO. OKAY. NO. WE'RE, I JUST WANTED, WE'RE NOT ASKING TO DO ANYTHING ON THE SIDE OR, OR I JUST WANTED TO ASK BECAUSE YOU'RE HERE AND YOU KNOW, YEAH, NO, THIS IS PREDOMINANTLY, THIS IS, WELL, ONLY PREDOMINANTLY THIS IS ONLY RELATED. SO IT'S ONLY ALONG THE FRONT PROPERTY. YES, SIR. OKAY. BRAMAN, COMMISSIONER BRAMAN, IS THERE ANY ELEVATION CHANGE FROM THE FAR LEFT HAND SIDE OF THE PROPERTY TO THE FAR RIGHT HAND SIDE OF THE PROPERTY? YES, MA'AM. THERE IS, UM, IT ACTUALLY DECREASES IN, IN ELEVATION. SO THESE CONTOUR LINES RIGHT HERE ARE REPRESENTATIVE OF ONE FOOT AND THEY ACTUALLY DECLINE. SO THERE'S, UH, A SLIGHT DROPPING, UH, MOVING FROM LEFT TO RIGHT VISUALLY, BUT ALSO FROM FRONT TO BACK. SO IF YOU'RE STANDING THERE AND OUR EYES ARE AT FIVE FEET, TYPICALLY, UM, YOU CAN ACTUALLY LOOK, UH, IF THIS MAKES SENSE IN PROPORTION. SO I'M, I'M, YOU KNOW, 25, 30 FEET AWAY AND MY FENCE IS, UH, AT A SIX FEET HEIGHT, BUT IT'LL ACTUALLY BE RELATIVE TO MY EYE VIEW. LOWER IS YOUR, ARE YOU ASKING ABOUT WHETHER OR NOT HE CAN BENEFIT FROM THE TWO FOOT INCREASE? YES. STAFF, THAT'S ONLY FOR THE SIDE AND REAR YARD BEHIND THE FRONT [03:35:01] FACADE. IT DOESN'T APPLY TO THE FRONT YARD FENCE. THANK YOU FOR CLARIFY. UM, AND ADDITIONALLY, THE, UH, FRONT YARD PREDOMINANTLY OPEN FENCE, BECAUSE THIS IS CONSIDERED A LARGE LOT OVER A HUNDRED FOOT, UM, FRONT EDGE AND 10,000 SQUARE FEET, IT CAN ACTUALLY HAVE A SIX FOOT, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, BUT, BUT A THREE FOOT SOLID THAT DIDN'T, THREE FOOT, UH, PRIVACY. OKAY. SO THERE WE ARE. UH, ANY VOICEMAILS OR ANYONE TIME TO SPEAK? UH, TWO SPEAKERS. ALL RIGHT. OH, THAT WAS PROPERTY OWNERS. THAT WAS ACTUALLY, I WAS ONE OF THEM. AND THEN MR. FITZGERALD? YEAH, THAT WAS ME. AND THEN, UH, PATRICIA PERONE. HI. AND THERE'S NO MR. FITZGERALD, RIGHT? YEAH. OH, THAT'S YOU. OH, OKAY. MRS. PERONE. YEAH. STATE YOUR NAME. TELL US YOUR, UH, THOUGHTS. I'M GONNA STAND TO THE SIDE SO YOU CAN ACTUALLY SEE ME. SO , UM, PATRICIA ON, I'M ONE OF THE HOMEOWNERS. MY HUSBAND IS IN THE BACK. HE'S PATRICK. UM, I WANTED TO SHARE JUST A LITTLE BIT ABOUT WHY WE ACQUIRED THE HOUSE AND WHY WE'RE LOOKING FOR THE VARIANCE. UM, DURING COVID MY MOM CAME TO LIVE WITH US WHEN SHE'S 86 YEARS OLD AND WE ACTUALLY LIVE ON THE HOUSE ON THE OTHER SIDE OF THE WALL HERE OF THE, OF THE EASEMENT. UM, AND SO WHEN THE LOT TO THE SIDE OF US WAS AVAILABLE, WE DECIDED TO ACQUIRE IT SO THAT WE COULD BUILD A LARGER HOME TO ALLOW MY MOM TO AGE IN PLACE, UM, AND ALSO BE ABLE TO PUT ALL THE ACCESSIBLE TYPE, YOU KNOW, ACCOUTREMENTS TO THE HOUSE ASSOCIATED WITH IT. UM, SHE ALSO SUFFERS FROM ANXIETY AS WELL AS MY HUSBAND AND MY DAUGHTER. UM, AND AS KEVIN MENTIONED, OUR NEIGHBORHOOD HAS BEEN A LITTLE BIT ON EDGE. UH, WE'VE HAD THE MURDER DOWN THE STREET. UH, WE HAVE A, A HOME THAT HAS BEEN LOCKED UP AND BOARDED UP BY THE CITY BECAUSE IT'S GOT UNHOUSED INDIVIDUALS COMING IN AND OUT OF IT CONSTANTLY. WE'VE HAD ENCAMPMENTS ON OUR LOT. UH, WE HEAR SHOOTINGS FAIRLY REGULARLY. UH, WE THINK IT'S BECAUSE OF THE DEER. WE HAVE SOME REALLY BEAUTIFUL DEER WITH RACKS ON THEM. UM, WE ARE AND WOULD BE THE ONLY PROPERTY THAT WOULD HAVE A, A SHORT THREE FOOT SOLID FENCE, UH, WHICH COULD BE EASILY WALKED OVER, UH, AS OPPOSED TO A TALL ONE. WE DO HAVE OPEN FENCING IN OUR EXISTING NEIGHBORHOOD, WHICH WAS EASILY PRIED APART AND INDIVIDUALS CLIMBED THROUGH AN OPEN FENCE, UH, AND CREATE ENCAMPMENTS. UH, SO OUR HOPE IS BY PUTTING A SOLID FENCE, ONE, WE WOULD ELIMINATE THE DEER SHOOTINGS, RIGHT? BECAUSE WE WOULD NO LONGER HAVE THEM JUMPING FENCES 'CAUSE THE CLEAR FENCES ALLOWS THEM TO BE ABLE TO HAVE MORE MOBILITY. UM, WE WOULD ALSO MINIMIZE THE UNHOUSED ENCAMPMENTS THAT ARE COMING ON. UH, SO WE WOULD ONE, BE IMPROVING THE AREA FOR THOSE REASONS. WE WOULD ALSO BE ABLE TO, UH, MEET THE AESTHETIC OF THE NEIGHBORHOOD SINCE THEY'RE ALL THAT WAY. THE OPEN FENCING THAT YOU DID OBSERVE ON THE STREET, THOSE HOMES ARE SET VERY FAR BACK FROM THE STREET, SO THEY HAVE A LOT OF SPACE, UH, AND OPPORTUNITY TO OBSERVE ANYBODY WHO MIGHT BE JUMPING INTO THEIR AREA AND DEAL WITH IT, WHICH WE WOULD NOT. UM, I'M ALSO A BIT CONFUSED OVER THE RECOMMENDATION OF NILE, GIVEN THAT OUR NEIGHBOR JUST RECENTLY, FEW, COUPLE YEARS AGO WAS ACCEPTED ON THE FINDING OF FACT THAT THE HEIGHT OF THE FENCE WAS UNLIKELY TO DETRACT FROM THE CHARACTER OF THE COMMUNITY. AND THEIR FENCE IS EIGHT FEET SOLID, UH, AND ON A CORNER. UH, AND SO WE'RE 25 FEET BACK. IT IS WITHIN THE AESTHETIC AND I'M HOPING Y'ALL WILL CONSIDER THAT. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. UH, IF THERE IS, UH, NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION MANA COMMISSIONER MANNA REGARDING CASE CENTER BO A 2 5 1 0 3 0 0 1 0 3. I MOVED TO THE BOARD ADJUSTMENT GRANT. A THREE FOOT, THREE INCH SPECIAL EXCEPTION FOR THE MAXIMUM THREE FOOT PRIVACY FENCE TO ALLOW A SIX FOOT THREE INCH FRONT PRIVACY, UH, FENCE SITUATED AT 3 9 0 9 ELLO LANE OR TUPELO LANE. UH, APPLICANT BEING JASON. UM, MAYER, UH, BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY SUCH LAW ENFORCEMENT, OTHER 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 THIS CHAPTER. AS A PRIVACY FENCE ABIDES WITH THE DRIVEWAY, CLEAR THAT DRIVEWAY CLEAR VISION, UH, B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED AS PROPERTY HAS EXTENDED FRONTAGE FENCE WILL ENHANCE BOTH [03:40:01] SAFETY AND SECURITY. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE AS THE PROPERTY OWNER IS ING THEIR OTHER PROPERTY TO THE NORTHWEST AND WOULD NOT BE AFFECTED BY THE INCREASED FENCE HEIGHT. LIKEWISE, A NEIGHBORING PROPERTY TO THE EAST HAS THEIR FRONT ENTRANCE ADEQUATELY SPACED FROM THE PROPOSED FENCE. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THIS PROPERTY FOR WHICH THIS SPECIAL EXCEPTION IS SOUGHT AS OTHER FENCES WITH ADDITIONAL FRONT FENCE HEIGHT AND VARYING MATERIALS WERE OBSERVED IN THE IMMEDIATE AREA WITH PRIOR APPROVAL WITH PRIOR APPROVED FROM THE BOARD. UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEARING ESTABLISHED FOR THE SPECIFIC DISTRICT AS THE FENCE COMPLIES WITH THE DRIVEWAY. CLEAR VISION REQUIREMENTS, ENSURING SAFETY AND MAINTAINING THE INTEGRITY OF THE DISTRICT AND OF MOTION. SECOND, SECOND, SECOND BY COMMISSIONER BEEZ. COMMISSIONER MANNA. SO I'LL BE VOTING IN FAVOR OF THIS. UH, CHAMBERS IS ONE OF THE PRETTIEST STREETS, I THINK, AROUND THIS AREA. SO IT'S A BEAUTIFUL DRIVE DOWN THAT ROAD. I'VE BEEN DOWN THERE MANY TIMES ALSO DIMOND STATES, PARKS THERE. SO, UM, SO I THINK THAT THERE IS A LOT OF COMMUNITY THAT GOES THROUGH THERE AND, AND AS HAS BEEN SAID, THESE ARE LARGE LOTS AND I THINK THE FENCE IS CONSISTENT WITH WHAT IT IS THAT I'VE SEEN ON THAT DRIVE, UH, MANY TIMES. THANK YOU. COMMISSIONER BENAVIDEZ. UH, I AGREE WITH MY COLLEAGUE. I'LL BE IN FAVOR OF THIS MOTION. ANYONE ELSE LIKE TO ADD? ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN? I CONCUR. AND IT'S FIVE O'CLOCK CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. SO CONGRATULATIONS. YOUR, SO IT'S FIVE O'CLOCK COMMISSIONER, UH, BROWN IS LEAVING THE MEETING. CRUZ TOO. CRUZS COMMISSIONER CRUZ, ARE YOU HERE TILL FIVE 30? I CAN STAY, SIR. OKAY, THANK YOU. ALL RIGHT. ITEM NUMBER 12. I USED TO LIVE IN THAT APARTMENT COMPLEX. ITEM NUMBER 12 IS BO OA DASH 25 DASH 1 0 3 0 0 1 0 5 ADDRESSED AT 4 4 2 CATON AVENUE. IN CONS. DISTRICT THREE, THE APPLICANT IS MARIA RODRIGUEZ. A REQUEST FOR ONE, UH, FOUR FOOT 11 INCH SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE EAST SIDE PROPERTY LINE. AND TWO, A NINE FOOT 11 INCH FRONT SETBACK VARIANCE FROM THE MINIMUM 10 FOOT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE. THE ZONE IS R FOUR. THE SUBJECT PROPERTY IS LOCATED JUST SOUTH OF IH 10, SITUATED ON CATON AVENUE WITH WITHIN THE BOUNDARIES OF THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. THE EXISTING CARPORT IS SEVERELY AGED AND FAILS TO COMPLY WITH THE REQUIRED FRONT AND SIDE SETBACK STANDARDS DURING SITE VISITS. STAFF MEASURE THE STRUCTURE AS BEING JUST ONE INCH FROM BOTH THE FRONT AND SIDE PROPERTY LINES. ACCORDING TO DATA PHOTOGRAPHY, THE CARPORT WAS BUILT AFTER JULY, 2013. IF THE VARIANCES ARE APPROVED, THE PROPERTY OWNER INTENDS TO RECONSTRUCT THE CARPORT WITHIN ITS CURRENT FOOTPRINT. THE AREA HIGHLIGHTED IN BLUE IS JUST TRYING TO GIVE A DEPICTION OF WHERE THE EXISTING CARPORT IS. AND THIS IS IT CURRENTLY. AND THIS IS A VIEW FROM THE INSIDE AND THIS IS SHOWING IT'S ATTACHED. AND THIS IS THE CARPORT SIDE SETBACK IN THE FRONT. THIS IS THE VIEW LOOKING EAST ON CATON ACROSS FROM THE SUBJECT PROPERTY AND LOOKING WEST STAFF'S RECOMMENDATION FOR THE CARPORT, FRONT AND SIDE SETBACK STAFF RECOMMENDS DENIAL AND B OE DASH 25 DASH 1 0 3 0 0 1 0 5 BASED ON THE FOLLOWING FINDINGS OF FACT, [03:45:02] 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. STAFF MAILED 27 NOTICES. ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM HIGHLAND PARK NEIGHBORHOOD ASSOCIATION. AND THIS IS THE SUPPORT RECEIVED. THIS CONCLUDES STAFF'S PRESENTATION. APPLICANT IS PRESENT. ALL RIGHT, THANK YOU VERY MUCH. LET THE APPLICANT COME FORWARD. HOW, HELLO? GOOD AFTERNOON. MY NAME IS MARIA RODRIGUEZ AS YOU KNOW ALREADY. AND WE, I'M JUST HERE TO ASK FOR PERMISSION TO REBUILD ALL OR YOU CAN GIVE ME AN OPTION SO WE CAN DO WITH WHAT WE HAVE BECAUSE IT'S IN VERY BAD CONDITION. OKAY. HOW LONG HAS THE CARPORT BEEN THERE? THE EXISTING ONE HAVE NO IDEA. I LIVE IN FLORIDA. MY DAD LIVES THERE, SO . OKAY, SO YEAH, LIKE MORE THAN 10 YEARS, 20 YEARS KIND OF THING. PROBABLY 10 YEARS. I DON'T KNOW. IT'S WHEN, YEAH, I DUNNO. SORRY. WHEN WE WERE LOOKING AT THE HISTORY, IT LOOKS LIKE IT WAS BUILT, UH, PROBABLY 2015. OKAY. ALL RIGHT. UH, ANY COMMISSION QUESTIONS? WE, WE, UH, WE GET THE HOUSE IN 2018, SO IT WAS OKAY THERE. SO COMMISSIONER MANDER. SO I'M TRYING TO, UM, I WAS LOOKING FOR A PICTURE TO KIND OF DEFINE THE CARPORT VERSUS THE OTHER PART OF THE COVERING. AND SO, SO, UM, I'M TRYING TO GO THROUGH THE PICTURES HERE. UM, SO DOES IT MORE THAN JUST COVER THE CAR, DOES IT ALSO COVER PART OF THE, PART OF THE ENTRYWAY AS WELL? YES. SO, OKAY. UM, ARE WE WILLING TO DO WHATEVER YOU ALLOWED , CRUZ, COMMISSIONER CRUZ. UH, SO ARE YOU ALL WANTING TO TEAR THIS ONE DOWN AND MAKE A NEW ONE OR YOU'RE JUST GONNA FIX THIS ONE UP? NO, WITH WHAT'S THERE. TEAR IT DOWN AND MAKE IT LIKE METAL. SOMETHING THAT, IT'S MORE SAFETY FOR FIRES, SO IT'S VERY CLOSE TO THE NEIGHBOR. SO WE WANNA MAKE SOMETHING MORE FOR SAFETY. OKAY. SO IF YOU TEAR THIS ONE DOWN AND MAKE A NEW ONE, YOU DO KNOW THAT YOU'RE GONNA HAVE TO BE A LITTLE BIT CLOSER TO THE HOUSE, OF COURSE. AND OF COURSE, IF POSSIBLE, UH, GUTTERS. SO YOU WON'T HAVE ANY PROBLEMS. YEAH, WE, WE WILLING TO, UM, DO GUTTERS, BUT IT'S NO WAY. SO WE CAN MOVE IT TO THE, THE REGULAR RULES IS FIVE FEET FROM THE NEIGHBORS, BUT IF WE MOVE IT, THE, IT IS VERY CLOSE TO THE HOUSE AND THE, IT'S, IT'S WHERE THE DI DRIVER DRIVEWAY IS. SO IF WE MOVE IT FIVE FEET, THERE'S NO WAY WE CAN BUILD IT FOR THE CARPORT IF IT HAS TO BE THERE WHERE IT IS. WELL THIS, UH, CADEN STREET LOOKS LIKE YOU HAVE A PRETTY GENEROUS DISTANCE BETWEEN THE FRONT PROPERTY LINE AND THE ASPHALT CURB. CURB APOLOGIZE. AND UH, DO YOU HAVE ANY IDEA HOW, WHAT THAT DISTANCE IS? OKAY. NO. ALRIGHT. UM, UM, ANY OTHER QUESTIONS? SO I WAS GOING, UH, SO CAN YOU BRING UP, UH, PAGE SEVEN. THERE WE GO. SO, OKAY, SO THERE SHOWS THE LINE FOR, FOR MS. CRUZ. SO, SO, UM, SO, SO YOU'RE PROBABLY GONNA REUSE THOSE METAL POLES, I'M ASSUMING, AND THEN ATTACH YOUR NEW CARPORT TO THE TOP OF THAT, CORRECT? MM-HMM . IF YOU GO TO PAGE FIVE, SO I'M JUST TRYING TO UNDERSTAND, SO THERE'S ANOTHER COVER. OKAY. SO THERE'S A SECOND COVER THERE. SO, SO JUST TRYING TO UNDERSTAND, UM, HOW MUCH OF THE FRONT IS ALREADY COVERED AND SO, SO IS THAT A NEW ADDITION THERE AS FAR AS THE WHITE AWNING? IS THAT A NEW CARPORT OR WHAT IS THAT? THAT WHITE PART THERE THAT I'M SEEING ABOVE THAT PICTURE THERE THAT'S RIGHT IN FRONT OF THE HOUSE. IT'S LIKE THAT'S PART OF THE HOUSE. YEAH, IT'S AN OVERHANG THAT STICKS OUT IN THE FRONT, BUT IT IS PART OF THE RESIDENCE. OKAY. WITH THOSE WHITE COLUMNS, CORRECT? YEAH, THAT'S WHAT YOU WERE ASKING, RIGHT? SO YEAH, JUST SEE IF IT'S A SEPARATE STRUCTURE HERE. SO, SO YOU'RE GONNA KEEP IT A SEPARATE STRUCTURE. SO THE, THE DUE PIECE IS NOT GONNA BE ATTACHED TO THAT, BUT IT'S [03:50:01] GONNA BE BASICALLY BUILT ON THE PRIOR SPACE WHERE THE OTHER ONE WAS. CORRECT? UHHUH. . OKAY. SO GO AHEAD. COMMISSIONER BRAGMAN. UM, THIS IS FOR STAFF. DID YOU HAPPEN TO ME MEASURE THE DISTANCE FROM THE FENCE TO THE CURB? 'CAUSE IT SEEMS TO BE QUITE A LARGE YES, WE DO HAVE THAT MEASUREMENT. I'M TRYING TO PULL IT UP, BUT, UH, WE DID MEASURE FOR CLEAR VISION FOR THE DRIVEWAY AND UH, WE DID NOT ADD THAT TO THIS REQUEST. SO I CAN SAY IT'S MORE THAN 15 FEET, BUT IF YOU GIVE ME A FEW MORE MINUTES, I CAN FIND THE, THE ACCURATE MEASUREMENT. AND, AND AM I LOOKING AT THE SIDE PROFILE? RIGHT? DOES, DOES THIS CARPORT, UM, IS IT COMPLETELY IN THE FRONT OF THE NEIGHBORING HOUSE OR DOES IT GO, DOES IT CON DOES IT CONTINUE AND SHARE, UM, THE, THE SIDE, THE SIDE OF THE EXISTING OF THE HOME NEXT DOOR TO YOU? NO, BECAUSE I'M LOOKING AT THE SIDE PROFILE ON THAT PICTURE UP THERE AND IT JUST, I CAN'T TELL IF IT, IF IT'S COMPLETELY CLEAR. IT'S LIKE, IS IT, IS IT ALL YARD ON THE SIDE OF THE CARPORT? YES. IF YOU LOOK AT IT FROM THE FRONT SIDE, YOU, YOU WILL BE ABLE TO TELL LIKE THEIR IN FRONT . YEAH, IT LOOKS LIKE IT'S RIGHT ON THE CORNER. I'M GLAD TO BE HERE BECAUSE I'M A FIRST TIME OWNER SO I'M LEARNING A LOT OF RULES THAT I DIDN'T KNOW, SO I'M GLAD THEY'LL BE HERE ALL DAY. WELL THEY VARY BY, BY CITY. YEAH. AND KNOW MANNA. YES. COMMISSIONER MANNA. CAN YOU BRING UP THE, SO WHICH PROPERTY IT WAS THAT UH, VOTED IN FAVOR? THERE WAS THAT. I COULDN'T TELL IF IT WAS THE NEIGHBOR. RIGHT, BUT THE ONE TRIED TO FIGURE OUT, YEAH, RIGHT NEXT DOOR. I DIDN'T KNOW I, I CAN BRING SIGNATURES BUT WE RUN AND GET SOME SIGNATURE FROM THE NEIGHBORS TOO THAT THEY APPROVE. OH YEAH, THAT'D BE GREAT TO LOOK AT THAT. 'CAUSE I'M LOOKING, SO DID YOU TALK TO EACH NEIGHBOR? DID BOTH SIDES APPROVE? YES. OKAY, THAT'S REALLY NICE TO HEAR. SO WHAT WE DID RECEIVE, ESPECIALLY THE ONE NEXT TO, TO IT, HE SAY HE'S, HE IS, UH, HE'S OKAY WITH IT. THE ONE THAT WAS SHOWN ON THE NOTIFICATION PLAN WAS THE PROPERTY OWNER TO THE LEFT HERE. SO THERE'S THE CARPORT. SO IT'S THIS PROPERTY OWNER THAT WE SHOWED ON OUR MAP PREVIOUSLY. AND WE'LL GO AHEAD AND GET THESE PROJECTED RIGHT HERE NOW. AND I AM SORRY IT'S VERY INFORMAL, BUT SHE RUN TO DO THE SIGNATURES 'CAUSE WE DIDN'T KNOW WE CAN BREAK THE SIGNATURES. . OKAY. YEAH. 4, 4, 3 4. FIVE THREE ACROSS THE STREET. SO WE HAD 4, 4 3 ACROSS THE STREET AND 4, 5 3, WHICH IS ALSO ACROSS THE STREET. 4, 4, 3 HERE AND 4, 4, 4, 5, 3 HERE. SO 1, 2, 3 AND THEN 4, 4 7. THERE'S NOBODY LIVING THERE. WHAT ABOUT, WHAT ABOUT 4, 4, 6. THAT OKAY. 4, 4, 6. SO THAT WOULD BE THE HOUSE MOST IMPACTED THIS IS THE HOUSE MOST IMPACTED RIGHT HERE? 4, 4, 6. YES. WE HAVEN'T HEARD FROM THAT ONE. I DON'T HAVE ANY PUBLIC COMMENT FROM THAT. WHEN WE VERBALLY TALK HE SAY, UM, MORE THAN YEAH. 'CAUSE THAT WILL BENEFIT IF IT THE LOOKING OF THE HOUSE. OKAY. DO YOU KNOW HOW DEEP THE CARPORT IS? 30 FEET. IT'S 30 FEET I THINK. I DON'T KNOW. ? NO. IS THAT, I THINK IT'S, I AM LOOKING AT EAGLE VIEW AND I WAS ABLE TO TAKE A MEASUREMENT AND IT DOES LOOK LIKE THE LONGEST PORTION WOULD BE ABOUT 30 FEET. OKAY. AND IT DOES GO BEYOND THE FRONT FACADE OF THE NEXT DOOR HOUSE YOU WERE ASKING? IT PROBABLY GOES TWO, THREE FEET? YES. OKAY. ALRIGHT. UH, IS THERE ANYONE TIME TO SPEAK ANY VOICEMAILS? TWO VOICEMAILS. ALL RIGHT, LET'S HEAR 'EM ABOUT A LETTER I RECEIVED, UM, FOR THE ADDRESS. 4 4 2 CATON AVENUE. UM, THEY WANNA PUT A CAR PART PORT UP AND I'M OKAY WITH IT. UM, 2 1 5. I LIVE AT, UH, FOUR THREE THREE CATON [03:55:01] AVENUE. MY PHONE NUMBER'S (210) 915-4334. YES. MY NAME'S JOE DE MERCER. I LIVE AT 4 3 7 CATON AVENUE. I DO APPROVE OF CARPORT, REIM IMPROVEMENTS. LAST FOUR DIGITS OF CASE NUMBER IS 1 0 5. I DO APPROVE. ALL RIGHT. MANA COMMISSIONER MADOFF. SO, SO ONE OF THE THINGS THAT UM, WE, UM, TRY NOT TO DO IS ALLOW WATER TO FLOW ONTO OUR NEIGHBORING PROPERTIES. AND SO DO YOU HAVE AN OCEAN OF HOW YOU'RE GOING TO DESIGN THE ROOF ON THIS STRUCTURE? IS IT GONNA BE FACING, UH, SLOPING TOWARDS THE STREET OR IS IT GONNA BE SLOPED KIND OF LIKE IT IS RIGHT NOW? UM, UH, OR HOWEVER YOU ALLOWED US TO DO IS, I MEAN, WE'RE TRYING TO DO LIKE, IT IS SIMILAR TO HOW IT IS AND WILLING TO PUT GATHERERS ON IT SO THE WATER DOESN'T GO TO THE OUR NEIGHBOR, BUT WE WILLING TO DO SO DO YOU MEND, SO WOULD YOU AMEND YOUR, ARE YOU AMENDING YOUR APPLICATION, UH, SUCH THAT IT INCLUDES, UH, GUTTERS ON THE EAST SIDE OF YOUR CARPORT? YES. DO I? YES. . OKAY. OH, I HAVE TO BEVERLY SAY SAY I JUST MOVE MY HEAD. OKAY. OKAY. YES SIR. IS THERE ANY OTHER QUESTIONS? DID WE GET A CLARIFICATION IN TERMS OF THE DISTANCE FROM THE FENCE? I'M SORRY, I DIDN'T TAKE A PHOTO OF THAT DISTANCE, BUT I DO KNOW IT WAS GREATER THAN 15 FEET THAT DISTANCE FROM THE FRONT PROPERTY LINE TO THE BACK OF THE CURB. OKAY. THANK YOU. ALL RIGHT. THERE'S NOTHING ELSE. I'M LOOKING FOR A MOTION AND I WOULD JUST PUT OUT THERE THAT THE APPLICANT DID AMEND THEIR APPLICATION TO INCLUDE GUTTERS ON THE EAST SIDE, UH, AND THAT IT, THE CARPORT, UH, IS ABOUT 30 FEET DEEP. ALRIGHT, I'LL DO IT. YES, YOU DON'T MIND. OKAY. IS WEARING OUT. OKAY. UM, LET'S SEE HERE. OKAY, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 0 1 0 5, I MOVE THAT THE BOARD OF JUDGMENT GRANT, ONE A FOUR FOOT 11 SIDE SETBACK VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW A CAR PORT WITH GUTTERS ON THE EAST SIDE TO BE ONE INCH FROM THE EAST SIDE PROPERTY LINE AND TWO, A NINE FOOT 11 INCH FRONT SETBACK VARIANCE FROM THE MINIMUM 10 FOOT SETBACK VARIANCE TO ALLOW A CARPORT NOT TO EXCEED 30 FEET AND DEPTH TO BE ONE INCH FROM THE FRONT PROPERTY LINE SITUATED AT 4 4 2 CATON AVENUE. APPLICANT BEING MARIA RODRIGUEZ 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, A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THERE IS ADEQUATE SPACING BETWEEN STRUCTURES FOR WATER RUNOFF AND FIRE SAFETY AND THERE IS SUFFICIENT ACCESS FOR MAINTENANCE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE A REDESIGN OF THE CARPORT RESULT IN LIMITED FRONT YARD SPACE AND THE REMOVAL EVERY PORTION OF THE EXISTING CARPORT. THREE, BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS ADEQUATE MAINTENANCE ACCESS IS INSURED IN SUFFICIENT SPACING BETWEEN PROPERTIES WILL EXIST. FOUR. THE VARIANCE DOES NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES OF SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT AND WHICH IS VARIANCE IS LOCATED, NO OTHER U NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE SHOULD NOT SUBSTANTIALLY INJURE THE, IN THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF WHICH THE PROPERTY IS LOCATED BECAUSE SUFFICIENT SPACE WILL REMAIN FOR MAINTENANCE OF THE CARPORT AND SUFFICIENT SPACING BETWEEN PROPERTIES WILL EXIST. SIX. THE P TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES IS 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 THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DO NOT APPEAR TO BE MERELY FINANCIAL. HAS LIMITED SPACE IN THE FRONT YARD EXISTS TO PROPERLY PROTECT VEHICLES UNDER A CARPORT END OF MOTION. SECOND. OKAY. WE HAVE A MOTION A SECOND. I DON'T HAVE A A A, UH, I'M OKAY WITH WITH THE WAY IT'S READ. UH, I DID LIMIT IT TO 30 FIT IN DEPTH AND INCLUDE THE, UH, AMENDING BY THE APPLICANT TO INCLUDE GUTTERS ON THE EAST SIDE COMMISSIONER, UM, BRAGMAN. UM, I AGREE WITH ALL THOSE THINGS, PLUS THE FACT THAT THE UM, PROPERTY SITS RATHER FAR BACK FROM THE CURB, ALMOST 15 FEET IF NOT MORE. SO IT [04:00:01] ALLOWS FOR A LOT OF SPACE FOR, UM, VEHICLES AS WELL AS IF THERE'S ANY POTENTIAL RUNOFF. SO I'LL BE IN SUPPORT. ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING? NONE HAVE ROLL CALL, VOTE PLEASE. CHAIR ORIAN? YES, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEES? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. ALL RIGHT. MOTION PASSES. 10 TO ZERO. THANK YOU. CONGRATULATIONS. DO YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN ASK STAFF? OKAY, THANK YOU EVERYONE. APPRECIATE IT. LAST ITEM 13. I'M JUST THINKING I'M, THEY DIDN'T EVEN ASK ANYTHING ABOUT FOOD OR NOTHING ABOUT WHAT? FOOD. OH, GREAT, BECAUSE STILL SOME SANDWICHES. ALRIGHTYY. ITEM 13 IS BO OA CASE, UH, BO OA DASH TWO FIVE DASH 1 0 3 0 0 1 0 6. THE ADDRESS BEING 5 23 ELEANOR AVENUE COUNCIL DISTRICT TWO. THE APPLICANT IS BEN WILDE AND THIS IS A REQUEST FOR A VARIANCE FROM THE NCD SIX RESIDENTIAL DESIGN STANDARDS TO ALLOW FOR A REAR ADDITION WITH A FLAT ROOF THAT DOES NOT MATCH THE PITCH OF THE EXISTING STRUCTURE. THE ZONING IS MF 33. THE APPLICANT IS PROPOSING AN ADDITION TO THE EXISTING HOME IN THE REAR YARD OF THE PROPERTY. THE PROPOSED DESIGN OF THE ADDITION INCLUDES A ROOF PITCH THAT DOES NOT CURRENTLY MATCH THE ROOF PITCH OF THE EXISTING STRUCTURE. UH, THE NEIGHBORHOOD CONSERVATION DISTRICT WAS ESTABLISHED IN JANUARY 17TH, 2008 AND UPDATED ON APRIL 11TH, 2019. THE APPLICANT'S PERMIT TO START WORK IS PENDING THE RESULT OF THE BOARD OF ADJUSTMENT HEARING. SHOWN HERE IS A SITE PLAN OF THE PROPOSED ADDITION CURRENTLY NOT BUILT ON THE PROPERTY. THAT DARKER GRAY STRUCTURE IS WHAT'S EXISTING. THAT IN THE LIGHTER GRAY OUTLINED IN RED IS THE PROPOSED ADDITION. HERE'S JUST FOR HISTORY ON THE NCD STANDARDS SHOWING THAT, UH, ROOFS FOR ADDITIONS OR RENOVATIONS SHALL MATCH THE PITCH CONFIGURATION AND STYLE OF THE EXISTING STRUCTURE. SHOWN HERE IS THE CURRENT VIEW OF THE SUBJECT PROPERTY AND ANOTHER VIEW FROM THE STREET AND THE SURROUNDING AREA. YES. STAFF RECOMMENDATION FOR THE NCD RESIDENTIAL DESIGN STANDARDS, VARIANCE STAFF RECOMMENDS DENIAL AND BO OA DASH TWO FIVE DASH 0 3 6 BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AS THE CHANGE IN ROOF PITCH WOULD DISRUPT THE CONTINUITY OF THE EXISTING HOME'S ARCHITECTURE AND VISUAL CHARACTER. AND TWO, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT RESULT IN AN UNNECESSARY HARDSHIP AS THE APPLICANT MAINTAINS THE OPTION TO REDESIGN THE ROOF OF THE PROPOSED EDITION TO BE CONSISTENT WITH THE EXISTING STRUCTURE. STAFF MAILED 25 NOTICES TWO WERE RECEIVED IN FAVOR, ZERO IN OPPOSITION. THE MANKEY PARK NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND HERE'S THE REPORT. RECEIVED, UH, SUPPORT RECEIVED BY STAFF AND THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS HERE. ALL RIGHT, DOES THE APPLICANT COME FORWARD? OH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR ADDITION. UM, MY NAME'S BEN WILDE AT 5 23 ELEANOR. UM, LET'S GO NEXT SLIDE. OKAY, SO ABOUT ME AND MY FAMILY, WE'RE FROM SAN ANTONIO. MET AT MACARTHUR HIGH. WE'RE HIGH SCHOOL SWEETHEARTS. I'M AN ARCHITECT, UM, LICENSED ARCHITECT. MY WIFE STAYS AT HOME WITH THE BOYS, UH, SIX, THREE AND TWO. UH, AS AN ARCHITECT I'VE DONE PRESERVATION WORK ON SIGNIFICANT MID-CENTURY PROPERTIES, UM, IN LOS ANGELES, IN PALM SPRINGS AREA AND BAY AREA. UH, I STARTED MY CAREER OUT THERE. WE MOVED BACK TO SAN ANTONIO IN 2020 TO BE CLOSE TO FAMILY. UM, I ACTUALLY AM NOT CURRENTLY WORKING AS AN ARCHITECT. I'M WORKING WITH AS A SUPERINTENDENT FOR A CONTRACTOR. UM, WE'RE IN A TWO BED, ONE BATH HOUSE THERE THAT YOU SAW THE PHOTOS OF AND WE NEED MORE SPACE. SO WE'RE LOOKING TO DO AN ADDITION OUT THE BACK. UH, AND WE LOVE OUR NEIGHBORHOOD AND WE BOUGHT OUR HOUSE BECAUSE OF THE HISTORIC ASPECTS AND CHARM. NEXT SLIDE. SO OUR HOME IS NOT HISTORICALLY DESIGNATED, BUT YOU KNOW, AS AN ARCHITECT I LOOK AT PROJECTS, UM, AND TRY TO COME UP WITH AN APPROACH THAT MEETS THE STANDARDS, UM, FOR PRESERVATION. YOU KNOW, WHETHER OR NOT IT'S DESIGNATED THAT HOUSE [04:05:01] IS OVER A HUNDRED YEARS OLD. UM, AND SO THE STACK OF INTERIOR HAS STANDARDS FOR PRESERVATION, UH, REBUILDING. WHAT ARE THE OTHER ONES? RESTORATION AND REHABILITATION. REHABILITATION BEING, IF YOU'RE GONNA DO AN ADDITION TO A PROJECT, HOW DO YOU APPROACH THAT? IT'S NOT ACTUALLY, IT ALLOWS FOR CHANGE OF USE, BUT NOT, UH, GOING BACK TO THE, YOU KNOW, HOW IT WAS IN 1910 WHEN IT WAS BUILT. UM, SO THERE'S FIVE KEY, UH, STANDARDS THAT I WAS LOOKING AT WHEN DEVELOPING THIS PROJECT. THE HISTORIC CHARACTER SHALL BE RETAINED AND PRESERVED. NEW WORK MUST BE COMPATIBLE WITH HISTORIC CHARACTER, BUT DISTINGUISHABLE CLOSE INSPECTION, CHANGES THAT CREATE A FALSE SENSE OF HISTORICAL DEVELOPMENT SHOULD BE AVOIDED. UH, ADDITION SHALL BE CONSTRUCTED SO THEY CAN BE FULLY REMOVED IN THE FUTURE WITHOUT DAMAGE. ADDITION SHALL BE SUBORDINATE TO THE HISTORIC STRUCTURE AND ADDITIONS WILL NOT DESTROY HISTORIC MATERIALS, FEATURES AND SPATIAL RELATIONSHIPS THAT CHARACTERIZE THE PROPERTY. NEXT SLIDE. SO THIS IS THE PROPOSED PROJECT, THE EXISTING HOUSE HERE. UM, IT IS 1200 SQUARE FOOT HOUSE. WE'RE LOOKING TO ADD A ONE BEDROOM, ONE BATH ADDITION HERE AND A THREE CAR GARAGE HERE. UH, ATTACHED THE DRIVEWAY WOULD REMAIN AS IT IS THROUGH THE SIDE. UM, AND THEN PEEL THROUGH A LITTLE SMALL YARD HERE INTO THE THREE CAR GARAGE. THE REQUEST FOR VARIANCE IS FOR A LOW SLOPE ROOF, WHICH IS NOT ALLOWED BY NC D SIX STANDARDS. THE PURPOSE OF THOSE NC NCD SIX STANDARDS IS TO PRESERVE THE CHARACTER OF MANKEY PARK, WHICH I'M IN FULL SUPPORT OF. UM, MY STREET VIEW HAS THIS BEAUTIFUL FRONTAGE FRONT PORCH AND HISTORIC ROOF, AND I WANT TO PRESERVE THAT AT ALL COSTS. SO THIS PROPOSED ADDITION BEING A LOW SLOPE ROOF IS REALLY DONE SO THAT I CAN TUCK THAT ROOF UNDER THE EXISTING ROOF LINE AND NOT TOUCH THE MAIN ROOF. UM, IF I WERE TO TOUCH THE MAIN ROOF, I WOULD LOSE THAT ROOF. SO FOR A REAR ADDITION, THIS IN CITY STANDARD STANDARDS WOULD HAVE ME REPLACE THAT ROOF. AND I THINK THAT LITERAL READING OF THE IN CITY STANDARDS JUST DOESN'T MAKE SENSE IN THIS CASE. IT'S A VERY SPECIFIC CASE. UM, BUT THAT'S WHY I WANT TO DO A FLAT ROOF. A LOW SLOPE ROOF. KEEP GOING, PLEASE. UH, HERE'S A STREET VIEW AGAIN SHOWING WHERE THE ADDITION IS GOING TO BE LOCATED IN THE REAR OF THE PROPERTY. UH, I THINK IF YOU SQUINT YOU COULD PROBABLY SEE IT FROM THE STREET, BUT IT'S VERY HARD TO SEE THAT AREA THAT THE ADDITION'S GONNA BE THERE. OKAY, HERE'S A 3D VIEW AGAIN, JUST NOTING HOW THE ROOF, UH, THE LOW SLOPE ROOF TUCKS UNDERNEATH THE EXISTING ROOF. NEXT ONE, SAME CONCEPT HERE. UH, THE EXISTING HOUSE HAS 11 FOOT SIX CEILINGS, 12 FOOT CEILINGS. AND THAT'S HOW WE'RE ABLE TO DO AN ADDITION WITH NINE FOOT CEILINGS AND STILL TUCK UNDER THAT MAIN ROOF LINE. NEXT ONE. SO HERE, YOU KNOW, THE QUESTION'S BEEN ASKED, WHY NOT JUST DO A PITCHED ROOF? THIS IS WHY IF YOU DO A PITCHED ROOF, YOU HAVE TO TIE IN HERE AND HERE. AND THAT WOULD REQUIRE, ESPECIALLY ALONG THIS SIDE HERE, TAKING THE ROOF OFF, UP TO THAT POINT, IT CAN'T BE TIED IN. I CAN'T BUY THAT RUST COLORED METAL TILE A HUNDRED YEARS OLD. UM, AND WHAT WOULD THE RESULT WOULD BE IS THAT MY FRONTAGE WOULD HAVE A NEW STANDING SEA METAL ROOF, SHINY GAL LOOM METAL, UH, WHICH IS NOT WHAT I WANT AND NOT IN KEEPING WITH HISTORICAL CHARACTER OF THE NEIGHBORHOOD. THAT'S IT. OH, ONE OTHER POINT, THIS, UH, I DIDN'T PULL THE IDEA OF A LOW SLOPE ROOF OUT OF NOWHERE. THIS IS MY FRONT PORCH. IT'S DOING EXACTLY WHAT I'M PROPOSING IN THE REAR BY TUCKING UNDER THE, THE MAIN ROOF. IT'S OUR LOW SLOPE ROOF. IT ACCOUNTS FOR LIKE 65% OF MY FRONTAGE. UM, AND SO IT'S NOT A FOREIGN ROOF FORM TO HAVE A FLAT ROOF. IT'S NOT THE PREDOMINANT ROOF FORM, BUT IT EXISTS. THAT'S IT. OKAY. SO IN SUMMARY, UH, IT'S A CAREFULLY THOUGHT OUT PROPOSED ADDITION, THOUGHTFUL OF PRESERVATION STANDARDS, UH, OF, YOU KNOW, IT, IT, IT WASN'T SOMETHING THAT I'M DOING OFFHAND. I'VE THOUGHT A LOT ABOUT IT MEETS ALL THE SETBACK REQUIREMENTS. IT'S IN THE REAR OF THE PROPERTY, PRESERVES THE EXISTING ROOF, AND IT MATCHES THE EXISTING, UH, PORCH THAT'S THERE. THAT'S IT. OKAY. I, I NOTICED THAT THE ALLEY THAT'S BEHIND YOUR HOUSE, UH, YOU KNOW, IF YOU COME IN, IF YOU COME IN FROM, UM, FROM BAL BALKAN STREET MM-HMM . IT'S NOT REALLY A [04:10:01] DRIVABLE ALLEY. IT'S NOT USED FOR ANYTHING OTHER THAN THAT CPS OVERHEAD LINER. CORRECT. UTILITIES DRIVE DOWN HERE, WE HAVE TO ALL CLEAR IT OUT. WE GET LETTERS OVER SO OFTEN, BUT IT'S NOT DRIVABLE. YEAH. AND IT DOESN'T EVEN LOOK LIKE IT CONTINUES ALL THE WAY TO NORTHVIEW BRAUNFELS. IT'S LITERALLY JUST FOR THE PURPOSE OF THAT OVERHEAD ELECTRIC. CORRECT. OKAY. SO, SO I UNDERSTAND WHERE YOU'RE GETTING AT TO WHERE YOU CAN'T REALLY SEE IT FROM ELEANOR, AND SINCE THE ALLEY'S NOT DRIVABLE, YOU WON'T BE ABLE TO REALLY SEE IT FROM BACK THERE. IS THAT APARTMENT COMPLEX TO THE RIGHT OF YOU, THAT SIZABLE BUILDING, IS THAT A LOW SLOPE ROOF AS WELL? OR IS THAT A FLAT ROOF? IT IS A LOW SLOPE ROOF. OKAY. SO IT'S SIMILAR TO WHAT YOU'RE DOING OR ARE YOU MORE LOW SLOPED? UM, NO, IT'S SIMILAR TO WHAT WE'RE DOING. THEY, THEY HAVE A QUARTER INCH PER FOOT SAME THAT WE'LL HAVE. OKAY. MANNA. SO YES. COMMISSIONER MANNA, SO, SO THE ABUTTING PROPERTY, UM, TO THE EAST I GUESS, OR OR TO WEST. SO FIVE 17. UM, SO IS THAT ALSO A HISTORICAL STRUCTURE, DO YOU KNOW, OR THAT STRUCTURE IS, UH, PROBABLY 40 YEARS NEWER THAN, THAN MY HOUSE. OKAY. SO, 'CAUSE THERE IS A, IT DOES APPEAR TO HAVE A SIMILAR STRUCTURE ON THE BACKSIDE OF IT WITH, WITH WHAT APPEARS TO BE A FLAT ROOF AS WELL. OH, COMING THE OTHER WAY, SORRY. SO YES. YEAH, THAT'S, THAT'S UH, MIKE'S PROPERTY. HE WROTE US A LETTER OF SUPPORT. HE HAS A, UM, GOING THAT DIRECTION DOWN TOWARDS BROADWAY. THAT HOUSE STYLE IS JUST STAMPED ALL THE WAY DOWN. WE'RE RIGHT ACROSS FROM FORT SAM. SO THAT HOUSE STYLE, THIS IS STAMPED ALL THE WAY DOWN THE STREET ALMOST TO THE BOTTOM OF THE HILL. IT'S PROBABLY 15 HOMES JUST LIKE THAT. THEY ALL HAVE LITTLE DIFFERENT THINGS. UM, AND THEN A LOT OF THEM HAVE DONE ADDITIONS IN THE BACK. SO HIS FLAT, HE DOES HAVE A LOW SLOPE ADDITION IN THE BACK AND THEN THERE'S A FOUR CAR GARAGE SIZE SHED THAT'S ALSO SLOPE. YEAH. THAT, THAT HOUSE TO THE WEST THAT WAS BUILT IN 1940. YEAH. SO, SO YEAH, IF YOU BRING UP GOOGLE EARTH, YOU KNOW, SO, UM, UH, FOR THAT, 'CAUSE YOU CAN KIND OF, UH, NAVIGATE AROUND TO SEE THE, SEE THAT BACKSIDE WITH THE UH YEP. THREE DV SO, SO, SO SIMILAR DESIGN REALLY TO YOUR NEIGHBOR IS KIND OF WHAT YOU'RE PUTTING IN THEN? YES. HE'S GOT THE DRIVE ON THE RIGHT AND THEN HE'S DONE A GARAGE ON, ON, YOU KNOW, RUNNING BACK THE LENGTH OF THE PROPERTY. I DON'T BRING HIM UP 'CAUSE I DO NOT KNOW THE STATUS OF HIS, OF ANY OF THE PERMITS THAT WENT ON OVER THERE. I DIDN'T LOOK IT UP. WELL, THAT'S WHY I BROUGHT IT UP. . I'M NOT TRYING TO BRING HIM INTO THIS. NO, NO. WELL, WELL I JUST SEE THOSE KIND OF THINGS AND YOU KNOW, BUT, BUT ALSO, YOU KNOW, PART OF THE DIALOGUE IS CONSISTENCY IN THE NEIGHBORHOOD AND SO, YOU KNOW, SO IF IT'S SOME AS WE'VE DONE OR, YOU KNOW, BEEN APPROVED IN THE PAST, YOU KNOW, JUST CALLING IT OUT, SO MM-HMM . IT DOES LOOK LIKE THAT ROOF WAS DEVELOPED MANY YEARS AGO, SO, RIGHT. IT WAS BEFORE 2009. BEFORE THE ORIGINAL C IS WHAT BCAT IS SAYING THAT ADDITION WAS. OKAY. UH, ANY OTHER QUESTIONS? ANY VOICEMAILS, ANYONE SIGN UP TO SPEAK? NO PUBLIC COMMENT. I DON'T SEE ANYBODY. UM, ALL RIGHT, WELL IF THERE'S ANYTHING ELSE I'D LIKE TO ADD BEFORE WE ENTERTAIN A MOTION. NOPE. ALRIGHT. WHO'D LIKE TO MAKE A MOTION? STEVENS COMMISSIONER STEVENS REGARDING CASE NUMBER BO OA DASH 25 DASH HUNDRED THREE SIX MOVE TO THE BOARD OF ADJUSTMENT GRANT, A VARIANCE FROM THE NCD SIX RESIDENTIAL DESIGN STANDARDS TO ALLOW FOR A REAR ADDITION WITH A FLAT ROOF THAT DOES NOT MATCH THE PITCH OF THE EXISTING STRUCTURE SITUATED AT 5 2 3 L AND RA WIELDY. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE 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 UNNECESSARY HARDSHIPS. SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE THE ADDITIONAL WILL NOT ADVERSELY AFFECT THE GENERAL HEALTH, SAFETY, OR PUBLIC WELFARE. TWO, DUE TO SPECIAL CONDITIONAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP BECAUSE THE ADDITION LOCATED IN THE REAR WOULD NOT NEED, WOULD NEED TO MATCH THE SAME STANDARD AS THEIR FRONT FACING, FRONT STREET FACING PORTION OF THE HOME. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE ADDITION LOCATED IN THE REAR WOULD NOT HAVE VISIBILITY FROM 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, THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED BECAUSE THE VARIANCE DOES NOT CREATE ANY SETBACK, CONFLICTS AGAINST ADJACENT PROPERTIES. AND SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS 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 THE, DUE TO, OR THE RESULT OF GENERAL, OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE [04:15:01] VARIANCE FROM THE CONSERVATION DISTRICT IS LOCATED ON THE REAR OF THE PROPERTY, WHICH ALLOWS THE LOT TO RETAIN THE STANDARDS AS SEEN FROM THE RIGHT OF SEEN, FROM THE RIGHT OF WAY. END OF MOTION. SECOND MOTION IS SECOND. COMMISSIONER STEVENS, UH, I'LL BE IN FULL SUPPORT OF THIS. I THINK THAT IN PRACTICE A LOT OF THE HISTORIC REQUIREMENTS, WHETHER FROM OHP OR WITH THESE NCDS ARE KIND OF HEAVY HANDED AND ULTIMATELY RESULT IN LIKE MIMICRY, WHICH I THINK TAKES AWAY FROM THESE HISTORIC STRUCTURES. AND I THINK YOU'VE DONE A REALLY GOOD JOB TRYING TO RESPECT THAT HISTORIC BUILDING. AND, UM, YOU KNOW, YOUR RATIONALE FOR THE ROOF LINE MAKES A LOT OF SENSE TO ME, SO I'LL BE IN SUPPORT. ALL RIGHT, COMMISSIONER MANNA, UM, I'M GONNA CLEAR WITH MY COLLEAGUE FOR, UH, I GUESS VOTING IN FAVOR OF THIS. UM, YEAH, IT'S CONSISTENT I THINK WITH REGARDS TO THE ITS NEIGHBOR. SO, SO THAT'S, UH, I GUESS FIRST STEP FOR ME SECOND IS THAT, YOU KNOW, IT IS A STREET VIEW VERSUS THE BACKSIDE. SO I, I THINK PRESERVING THAT LINE IS, IS FINE FOR ME. ALRIGHT. DOES ANYONE ELSE LIKE TO ADD BRAGMAN, COMMISSIONER BRAGMAN? UH, I'LL JUST ADD ALSO THAT THE NEIGHBORS ON, UH, THE LEFT AND THE RIGHT OF THE SUBJECT PROPERTY WERE BOTH IN SUPPORT AND THERE'S NO OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION AND THEY ARE TYPICALLY QUITE VOCAL. ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BETIS? I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. ALRIGHT, SO, UH, NOW WE'RE AT THE MINUTES. [ Approval of Minutes  ] I HAD TWO VERY, VERY MINOR COMMENTS. STAFF DOES THIS, WHAT'S IN FRONT? SO I DID AS WELL. SO I DON'T KNOW IF YOU SAW MINES, SO I MAY YES, SIR. OKAY. IS IS, IS IT IN THIS PRINTOUT THAT'S IN THIS, UH, I HAVE ONE LAST MINUTE CHANGE FOR COMMISSIONER MANOR ON THIS. OKAY. JUST WANTED TO MAKE SURE. UH, IS THERE ANY, UH, ADDITIONS OR IS IT LOOKING FOR A MOTION TO APPROVE THE MINUTES? SO APPROVED. SECOND. ALL RIGHT, WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. IS THERE A DIRECTOR'S REPORT? NO. DIRECTOR'S REPORT. ALRIGHT, WELL IT IS 5 34 AND I GUESS WE'RE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.