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I PLEDGE ALLEGIANCE TO BE TEXAS.
ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
ALL RIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.
UH, THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I WILL 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 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 LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION 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 VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION MADE OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE ASSERT, THE CASE WILL BE CLOSED AND A MEMBER OF BOARD, MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION FOR AN 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 RESTLESS 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 FROM 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.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE STAFF.
UH, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND A PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THE PROPERTY OWNER IS IN OPPOSITION FOLLOWING THIS PRESENTATION.
ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE FOR SPECIAL EXEMPTION.
YOU'LL BE CALLED IN THE ORDER THAT YOU SIGN UP TO SPEAK.
THOSE THAT SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE I'D LIKE TO GIVE UP THEIR TIME TO A SPEAKER.
THAT SPEAKER WILL BE ALLOWED 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 THREE MINUTE TIME LIMIT, ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
AND JUST ONE ADDITIONAL REQUEST FOR A FOUR WEEK CONTINUANCE IS ITEM NUMBER SEVEN.
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SHOW THAT COMMISSIONER STEVENS HAS JOINED THE MEETING.WE NOW HAVE 10 SEATED COMMISSIONER SEATED.
[ Briefing and Possible Action on the following items ]
UH, WE'RE GONNA HIT SOME OF THE, UH, CONTINUANCE REQUEST FIRST.THE FIRST IS ITEM NUMBER TWO, WHICH IS REQUESTING A CONTINUANCE TILL OCTOBER 20TH.
IF I CAN READ THAT INTO THE RECORD REAL QUICK.
UM, ITEM NUMBER TWO, BO OA, UM, 1 0 1 5 0 REQUEST BY MITCHELL GONZALEZ FOR AN APPEAL FOR THE ADMINISTRATIVE DECISION TO REVOKE AN APPLICANT'S SSTR PERMIT LOCATED ON 7 0 4 CUNNING WAY STAFF RECOMMENDED DENIAL, UM, REQUESTING A FOUR WEEK CONTINUANCE TO OCTOBER 20TH.
UH, AND THERE'S NO VOICEMAILS OR ANYONE SIGNED UP TO SPEAK ON THAT ITEM? NO PUBLIC COMMENT.
IS THERE A COMMISSION? I'D LIKE TO MAKE A MOTION.
A MOTION FOR CONTINUOUS OCTOBER 20TH.
OKAY, WE HAVE A MOTION TO SECOND.
THE CASE HAS CONTINUED, UH, TO, UH, OCTOBER 20TH.
THE NEXT ONE, UH, IS ITEM NUMBER EIGHT.
THEY'RE ASKING FOR A FOUR WEEK CONTINUANCE TILL OCTOBER 20TH.
THIS IS GONNA BE THEIR THIRD CONTINUANCE OR SECOND, THIS WILL BE THE THIRD ONE, THEIR THIRD CONTINUANCE.
UM, AND AT THIS POINT, JUST STAFF WOULD RECOMMEND THIS JUST BE POSTPONED AND READVERTISED DUE TO THE AMOUNT OF TIME FROM OUR INITIAL NOTICE.
UM, THAT'S WHAT STAFF WOULD RECOMMEND.
IS THERE ANY, HAS STAFF RECEIVED ANY ADDITIONAL INFORMATION REGARDING THIS CASE? UH, SINCE THE LAST TIME IT WAS BROUGHT UP? NO ADDITIONAL PUBLIC COMMENTS.
AND HAS THE APPLICANT REQUESTED, UH, A SPECIFIC REASON FOR THE ADDITIONAL TIME? I BELIEVE HE'S STILL, UM, OR THEY'RE STILL WORKING WITH THE NEIGHBORHOOD ASSOCIATION IF I UNDERSTAND IT CORRECTLY.
SO, UH, WHAT THAT MEANS IS THAT STAFF IS ASKING FOR US TO POSTPONE THIS, WHICH MEANS THERE'S A RE-ADVERTISING FEE, CORRECT? $200.
AND, UM, BECAUSE THIS IS THEIR THIRD TIME, SO, UH, IF THERE IS, UH, DO WE NEED TO MAKE A MOTION TO POSTPONE? NO MOTION NEEDS TO BE MADE.
UM, BUT JUST SO THE APPLICANT'S NOT HAVING TO WAIT AROUND IF, IF YOUR DECISION IS TO NOT HEAR THE CASE SO THEY CAN KNOW.
WELL THEN IF THERE'S NO OTHER, UH, COMMENTARY FROM THE BOARD, I GUESS WE CAN JUST MOVE ON TO THE NEXT, UH, REQUEST UNLESS SOMEBODY WANTS TO MAKE A MOTION FOR CONTINUANCE.
SO THE ITEM HAS BEEN POSTPONED AND WILL BE READVERTISED.
UH, THE NEXT ITEM IS, I BELIEVE IT WAS ITEM NUMBER SEVEN.
SEVEN AND THEY'RE REQUESTING TILL WHEN? UM, SO OCTOBER 20TH ALSO, AND I'LL READ IT REAL QUICK, BO OA 25 1 64 REQUEST BY KIMBERLY DEVOL FOR AN APPEAL FOR THE ADMINISTRATOR'S DECISION TO REVOKE AN APPLICANT'S SHORT-TERM RENTAL ON 1211 SOUTH PINE STAFF.
RECOMMENDED DENIAL, RECOMMENDED FOUR WEEK CONTINUANCE TO OCTOBER 20TH.
IS NO VOICEMAILS OR ANYONE TIME TO SPEAK? NO PUBLIC COMMENT.
SO, UM, SO CAN, CAN THE CITY READ IN, UM, THE RECORD THAT WAS SUBMITTED ONLINE OR, OR THE, IN THE SUPPORT DOCUMENTATION? CAN WE REVIEW THAT? BECAUSE THERE ARE SOME QUESTIONS WITH REGARDS TO THAT CASE AND MAYBE FU OR SOME SUBSEQUENT CASES HERE THAT WE'RE GONNA TALK ABOUT TODAY.
SO CAN WE AT LEAST SHOW, UM, WHAT WAS SUBMITTED IN, IN OUR, IN OUR DOCKET, IN OUR PACKET, YOU GUYS, AND IT WAS SUBMITTED I GUESS, IN THIS AFTERNOON AND IT HAD THE, UM, THE COMMENTS PROVIDED BY THE APPLICANT? YOU TALKING ABOUT THE PUBLIC COMMENTS THERE? UM, YEAH, I GUESS IT'S PUBLIC COMMENTS OR, YEAH, I GUESS IT'S PUBLIC COMMENTS PROVIDED BY THE APPLICANT.
SO, UM, NOPE, THAT'S NOT IT YET.
SO I'M LOOKING FOR, SO IN THE, IN THE DOCUMENT PACKAGE THAT WAS SENT TO US, SUMMARY OF EVENTS, STR PERMIT REVOCATION, THERE WE GO.
SO, SO, UM, SO TODAY WE HAVE A BUNCH OF CASES WITH REGARDS TO SHORT-TERM RENTALS.
AND WHEN I CAME ACROSS THIS, YOU KNOW, THE, I GUESS I JUST HAD A QUESTION OVERALL, UM, YOU KNOW, IF THE CITY HAS ANY COMMENTS TO THIS PARTICULAR LETTER AND, AND THEN WOULD ANY OF THIS APPLY TO SUBSEQUENT NOTES? 'CAUSE I THOUGHT THEY WERE KIND OF RELEVANT BETWEEN THIS CASE AND MAYBE THE OTHER ONES.
YEAH, I WOULD LIKE TO ADDRESS THIS CASE TOO, UH, ALONG WITH THE OTHERS.
UH, ON OUR AGENDA TODAY, UH, THE FIRST CASE, NOT THIS ONE, BUT THE FIRST CASE
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NUMBER ONE 50, UH, 59.THE, UH, SUPPORTING MATERIALS SAY THE APPLICANT FAILED TO PAY THE HOTEL OCCUPANCY TAX FROM AUGUST 24 THROUGH FEBRUARY 25.
NEXT CASE, CASE NUMBER 1 61, THE APPLICANT FAILED TO PAY THE HOT FROM AUGUST 24 THROUGH FEBRUARY 25.
NEXT CASE 1 62, AUGUST 24 THROUGH FEBRUARY 25, LAST CASE 1 64, AUGUST 24, AND THEN OCTOBER 24 THROUGH FEBRUARY 25.
NOW, THAT IS AN AMAZING COINCIDENCE OF THE DATES, IF IT IS A INCIDENTS.
AND SO IT REALLY CAUSES ME TO WONDER IF THERE MIGHT NOT BE SOME KIND OF GLITCH.
UH, WHAT, WHEN WAS THE SYSTEM RESET? WAS THAT JULY? UH, REGARDING WHEN WE TRANSITIONED TO AVENUE? YEAH.
UH, WE TRANSITIONED TO AVENUE IN JUNE OF 2023.
UM, WELL IT STILL STRIKES ME AS AN AMAZING COINCIDENCE OF THE DATES INVOLVED AND I REALLY THINK SOMEONE NEEDS TO LOOK INTO THAT IN TERMS OF THEM NOT REMITTING HOT TAXES FOR THOSE PERIODS.
UM, WE CAN LOOK INTO IT, BUT AGAIN, AS MENTIONED BEFORE, WHEN A PERMIT IS ISSUED, WE DO IDENTIFY, EXPLAIN TO THEM THAT THEY ARE RESPONSIBLE REPORTING HOT TAXES ON A MONTHLY BASIS AND WE DO PROVIDE 'EM THEIR TAXPAYER ID.
ADDITIONALLY, ALL THESE PROPERTIES HAVE RECEIVED NOTICES OF DELINQUENCY FOR THESE PERIODS AND SOME HAVE COME IN COMPLIANT AND BECOME CURRENT WHILE OTHERS FAILED TO REPORT THEIR HOT TAXES.
WELL, YOU'RE NOT REALLY ADDRESSING MY, MY ISSUE.
I CAN'T EXPLAIN OR NOTHING IN OUR SYSTEM.
HAS, I'M GONNA STOP THIS RIGHT NOW 'CAUSE WE NEED TO GET BACK ON TRACK.
WHAT I WOULD LIKE STAFF TO DO, UH, IS, UM, YOU KNOW, WE HAVE A COMMISSIONER HAS RAISED A CONCERN ABOUT, ABOUT SOME, UM, THINGS THAT LOOK A LITTLE ODD WITH THE DATES.
UM, AND THE STAFF COULD LOOK INTO THAT 'CAUSE WE'RE GONNA, THEY'LL BE BROUGHT UP DURING THE CASES AS THEY GET BROUGHT UP.
I JUST DON'T WANT TO GET OFF TRACK FOR THIS CONTINUANCE AS BEFORE US RIGHT NOW.
UH, I KNOW COMMISSIONER MANNA HAD A A QUESTION REGARDING WAS THERE A SPECIFIC QUESTION? RIGHT.
WELL, WELL JUST THAT, SO MY QUESTION WAS, THERE ARE POINTS BROUGHT UP HERE AND ARE THOSE GONNA BE SUBSEQUENT POINTS BROUGHT UP IN, IN THE NEXT CASES? AND SO I DIDN'T WANNA LOSE THIS 'CAUSE I WAS ACTUALLY HOPING TO MOVE THIS TO THE FIRST CASE.
SO WE CAN KIND OF WHITTLE THROUGH SOME OF THE DIALOGUE BEFORE WE GOTTA THE SUBSEQUENT CASES AND JUST SAW SOME NOTES HERE ABOUT, WE'LL SAY SOME CONSISTENCIES, YOU KNOW, WITH REGARDS TO HOW THINGS WERE REPORTED AND JUST WANNA MAKE SURE THAT THAT'S UNIQUE TO THIS CASE VERSUS SOMETHING THAT'S SAY, MAYBE A LITTLE BIT A LARGER, I GUESS WHAT THE OTHER CASE IS AS WELL.
SO FOR, FOR ITEM SEVEN, THERE, THERE IS A NUMBER OF ISSUES.
UH, IS A RE IS THERE A REQUEST FOR A CONTINUANCE TO SPECIFICALLY ADDRESS ANY OF THESE ISSUES? A QUESTION FAIR? YES.
UH, THIS IVANIA, UM, UH, I, I UNDERSTAND OUR, UH, COMMISSIONER'S CONCERN, BUT I THINK WE SHOULD LOOK AT EACH ONE INDIVIDUALLY AND JUST VOTE ON THE CONTINUANCE.
SO THIS, SO ITEM SEVEN IS UNDER CONTINUOUS.
THE, WHAT'S ON THE SCREEN RIGHT NOW ARE, ARE ITEMS SPECIFIC TO THIS ISSUE? AND SO I THINK AS COMMISSIONER MANN, ARE YOU, ARE YOU, UH, NOT IN SUPPORT OF A CONTINUANCE? I'M FINE WITH THE CONTINUANCE, BUT I JUST WANNA MAKE SURE THAT THIS WASN'T LOST IN DIALOGUE.
THAT MAY HAVE BEEN BROUGHT OUT, YOU KNOW, GIVEN THE OTHER, THE OTHER CASES THAT ARE COMING FORWARD.
AND I JUST WANNA MAKE SURE THAT WE'RE CONSISTENT.
I DO AGREE WITH, UM, UM, WITH, UM, MY FELLOW COLLEAGUE DOWN THERE WITH REGARDS TO EACH CASE IS UNIQUE, BUT, YOU KNOW, I JUST SAW THIS AND THEN I JUST WANNA MAKE SURE.
WELL, UH, IF THERE'S NO, IF THERE'S NO ONE AGAINST THE CONTINUANCE, I'M LOOKING FOR A MOTION TO CONTINUE.
SECOND BY COMMISSIONER BRACKMAN.
UH, MOTION IS CONTINUED TO, UH, OCTOBER 20TH, UH, WHICH BRINGS US, UH, AND I'M SORRY, ONE MORE, UH, CONTINUING.
I WAS JUST BROUGHT UP FOR ITEM NUMBER THREE, THE SAME DATE FOR OCTOBER 20TH.
UM, YOU CAN READ IT IN REAL QUICK.
REQUEST BY JENNIFER REESE INGER FOR A SPECIAL EXEMPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE LOCATED AT 33 11 WARREN STREET.
RECOMMENDED FOUR WEEK CONTINUANCE TO OCTOBER 20TH.
THIS IS A LOT OF CONTINUANCES TO OCTOBER 20TH.
IS THERE ANY SPECIFIC REASON ON THIS ONE? UM, THE APPLICANT HAS SOME SCHEDULING ISSUES.
IS THE APPLICANT PRESENT? THEY ARE NOT PRESENT.
UH, NEXT WEEK, UH, WE CAN HOW, HOW'S OUR, HOW'S OUR, UH, AGENDA LOOKING FOR THE 20TH VERSUS,
[00:15:01]
UH, NEXT WEEK ON TUESDAY? UM, SO NEXT WEEK TUESDAY IS PRETTY FULL.UM, THE 20TH IS ACTUALLY A PRETTY GOOD DAY 'CAUSE WE ONLY GOT, UH, SEVEN TOTAL NEW APPLICATIONS.
SO WE'LL HAVE 11 TOTAL IF WE HAVE THIS ONE CONTINUED ALSO.
AND YOU'RE, AND YOU'RE JUST GETTING THESE, YOU KNOW, RIGHT NOW BY EMAIL OR SOMETHING
IS, IS, UH, DOES ANYONE ON THE COMMISSION WANT TO, UH, MAKE A MOTION FOR A CONTINUANCE OR DO YOU WANNA LOOK AT THIS? I MOTION.
WE HAVE A MOTION BY COMMISSIONER, UH, EVEN AS TO OCTOBER 20TH.
SECOND BY COMMISSIONER BRAGMAN.
ANY OPPOSED? WHO? WHO WAS A NAY? OKAY, COMMISSIONER.
SO WE HAVE, UH, TEN FOUR, UH, 9 4 1 AGAINST MOTIONS CONTINUED
UH, THIS IS, UH, BO OA DASH 25 DASH 0 3 0 0 1 3 5.
ADDRESS IS 10 31 SOUTH GIVER STREET COUNCIL.
DISTRICT TWO APPLICANT IS SHIVANI REDDY.
AND THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
SUBJECT PROPERTY IS LOCATED 10 31 SOUTH GVR STREET.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO ON THE BLOCK FACE PER SECTION THREE FIVE DASH 3 7 4 0.01.
SHORT TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF RESIDENTIAL UNITS ON THE BLOCK FACE.
THIS BLOCK OR THIS BLOCK FACE HAS FOUR UNITS.
ONE ACTIVE TYPE TWO SHORTTERM RENTAL ALREADY EXISTING AT 10 23 SOUTH GIVERS BLOCK.
FACE DENSITY IS CURRENTLY AT 25% WITH AN ADDITIONAL TYPE TWO.
UH, THIS BLOCK FACE WILL BE AT 50% EXCEEDING THE 12.5% LIMITATION.
NO INVESTIGATION, PERMITTING, OR ACTIVE LISTING HISTORY.
THIS IS THE SITE PLAN, SUBJECT PROPERTY AND SURROUNDING PROPERTIES.
UH, STAFF RECOMMENDS DENIAL FOR THE, UH, OF THE APPLICANT'S, UH, REQUEST FOR A SPECIAL EXCEPTION.
AND THIS WAS THE NOTIFICATION PLAN.
UH, UH, ZERO IN FAVOR, ZERO IN OPPOSITION.
DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION HAS RESPONDED IN OPPOSITION, UM, WHICH IS THE REASON FOR THE CONTINUANCE.
UM, AND THREE CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
ALRIGHT, MANNA COMMISSIONER MANNA.
SO I BEL I SEEM TO RECALL THAT, UM, DENVER HEIGHTS HAD PROVIDED A WRITTEN STATEMENT IN THE LAST MEETING, BUT I DIDN'T SEE IT IN TODAY'S PACKET.
SO WAS THERE A NEW POSITION PROVIDED BY THE, UM, BY DENVER HEIGHTS OR WE RELYING ON THE ONE FOR THE PRIOR MEETING? UH, THEY DID PROVIDE A SECOND ONE.
IS THE APPLICANT PRESENT? UH, WHY DON'T YOU COME ON UP.
AND WHILE WE'RE WAITING FOR THAT TO BE BROUGHT UP, IF YOU COULD STATE YOUR NAME.
I'M REPRESENTING FOR KUSH, UH, SHIVANI, REDIA AND MYSELF.
AND, UM, SO WE RAISED THIS APPLICATION AND WE WERE THERE IN THE LAST MEETING ON THE 18TH.
AND WE EXPLAINED THAT, UM, WE WEREN'T AWARE OF THE PROCESS WHERE THE CITY NEEDS TO HAVE LIKE A 12% VOLUME AND THIS IS THE FIRST TIME WE WERE DOING THE AIRBNB IN THE CITY AREA.
SO WE JUST WEREN'T AWARE OF THE RULES OF THE 12%.
WE ALSO TRY TO EXPLAIN THAT, UH, THE 12% IS CALCULATED ON THE BASIS OF JUST FOUR HOUSES, WHICH WE DID NOT THINK AT ALL.
AND THEN THE OTHER HOUSE WILL, IN FACT, THE ONE WHICH IS DOING THE AIRBNB IS, UH, THE, ON THE DRIVEWAY OF THAT OTHER HOUSE ON THE OTHER SIDE.
SO THIS WAS OUR APPLICATION WHEN WE TOLD THE DENVER HEIGHTS THAT, UM, OUR HOUSE IS FACING, LIKE THE THREE HOUSES ARE FACING ONE BLOCK FACE AND THE ONE WHICH IS DOING THE AIRBNBS ON THE SIDE, THEIR DRIVEWAYS ON THE SIDE.
SO WE, WE LITERALLY LIKE SET UP THE WHOLE THING AND UH, WE SPOKEN TO SOME OF THE LOCAL CAFES AND EVERYBODY TO PROMOTE THE, UH, AREA AND WE WANTED TO DO BETTER FOR THE CITY.
AND HONESTLY, LIKE JUST FOR A NEW BUSINESS AND WORK THAT WE WANTED TO DO, ME AND MY PARTNER, WE PUT IN A LOT OF MONEY.
AND THEN LATER ON WE CAME TO KNOW THAT THESE ARE THE LIMITS.
SO FIRST WE CHECKED WITH THE HOA AS WELL AND WE KNEW THAT THERE WAS NO HOA AND WE TOOK IT AS AN INVESTMENT PROPERTY.
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WE WERE CHECKING THE BOXES BY THE RULES IS WHAT WE THOUGHT.BUT UH, LIKE ONLY TOWARDS THE END WE CAME TO KNOW ABOUT THIS.
SO WE TOOK OUT THE LOANS AND ALL OF THAT FROM OUR 401K.
AND UH, WE ALSO, UM, DID A LOT OF WORK ON THE HOUSE AND LIKE PUTTING UP TOGETHER THE, FOR THE RULES AND REGULATIONS AND STUFF.
WE ALSO HAVE THE AIRBNB, WHICH IS NOT IN THE CITY, BUT WE ARE FOLLOWING ALL THE RULES OVER THERE AS WELL.
SO THIS IS JUST LIKE A LEARNING MISTAKE I WOULD SAY THAT WE DIDN'T KNOW ABOUT.
BUT, UH, BUT WE COULD TAKE LIKE FULL RESPONSIBILITY OF LIKE IF IT IS APPROVED AND WE TAKE FULL RESPONSIBILITY THAT WE LIVE AROUND HERE AND WE WOULD BE PRESENT FOR ANYTHING THAT GOES WRONG OR GOES SOUTH.
WE ALSO HAVE APPROVALS FROM OUR NEIGHBORS AND UH, WE HAVE SENT IT TO THE CITY AS WELL.
WELL, UM, STATING THAT THEY ARE OKAY WITH US DOING THE AIRBNB AND IT'LL NOT CAUSE ANY PROBLEMS TO THEM.
UH, SO LET ME START WITH SOME QUESTIONS.
IT LOOKS LIKE YOU PURCHASED THIS HOME IN MAY? YES.
AND SO THE OTHER, UH, THE OTHER UH, SHORT TERM WAS ISSUED IN JANUARY, FOUR MONTHS PRIOR? THAT IS CORRECT.
AND ONCE IT'S ISSUED, HOW, HOW SOON BEFORE IT SHOWS UP ON YOUR GIS PRETTY INSTANTLY, UH, 24 HOURS AFTER IT'S ISSUED.
AND, AND FOR THE APPLICANT IS THIS, DO YOU HAVE ANY OTHER, UH, AIRBNBS OR SHORT TERM RENTALS ANYWHERE ELSE? UM, SO THE ONE, THE, MY FRIEND WHO'S DOING IT, YES SHE HAS, BUT IT IS NOT IN THE CITY.
SO WE WERE NOT AWARE THAT THERE WERE CITY REGISTRATIONS THAT WE NEED.
IS IT IN BEXAR COUNTY? NO, IT'S IN AUSTIN.
AND, UH, ANY QUESTIONS FROM THE COMMISSION STAFF? IS THERE ANOTHER SHORT-TERM RENTAL THAT'S, THAT'S FACING THE, THE STREET ON THE SIDE, WHICH IS A, A POINT THAT WAS RAISED BY THE APPLICANT? I, UM, ARANSAS AVENUE CHAIR.
WHILE WE'RE WAITING FOR THAT, MAY I ASK A QUESTION? SURE, OF COURSE.
UM, DID YOU GET AN OPPORTUNITY TO MEET WITH THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION? WE DID, YES.
WE, UH, PUT UP OUR CASE AND WE TRIED TO EXPLAIN TO THEM THAT IT'S JUST THE FOUR HOUSES THAT ARE CALCULATED FOR THE RADIUS, BUT WE SUBMITTED ALL THE DOCUMENTATION AND EVERYTHING TO THEM.
BUT I AM NOT SURE, I THINK WE WERE ON A FACETIME CALL OR LIKE A ZOOM CALL, SO WE WERE NOT ABLE, LIKE THERE WERE SOME CONNECTION ISSUES AND STUFF AND WE WERE NOT ABLE TO PROBABLY PUT FORTH THE IDEA TO THEM TO EXPLAIN IT BETTER, BUT WE SENT OUT ALL THE DOCUMENTS TO THEM, YES.
SO STAFF JUST BROUGHT UP THE MAP.
THERE IS ANOTHER ONE ON ARANSAS.
WAS THE ADDRESS AT THE HARD CORNER, WAS THAT EVER CHANGED TO BE OFF OF, UH, GIVERS OR WAS IT ALWAYS OFF OF UH, GIVERS? DO YOU KNOW? THE REASON WHY I'M ASKING IS I'M WONDERING IF THEY HAD THE ADDRESS CHANGED SO THEY COULDN'T HAVE A DIFFERENT BLOCK FACE SO THEY COULD GET IT A SHORT TERM RENTAL.
YEAH, WE, IT LOOKS LIKE IT WAS ALWAYS ADDRESSED OFF OF KEEPERS.
COULD, COULD WE SEE THE, UM, THE, THE NEIGHBOR'S, UM, SUPPORT FOR THE PROJECT? IF WE CAN SEE THE, AND JUST TO LET YOU KNOW, UH, WE ARE ALSO DOING A LOT OF THINGS WITH THE NEIGHBORS TOGETHER WITH THE NEIGHBORS TO, UH, KEEP THE PROPERTY CLEAN AND, YOU KNOW, MAINTAIN IT WELL, ET CETERA.
SO WE ARE, WE ARE CONSTANTLY WITH THEM ON THAT MANNA COMMISSIONER MANNA.
SO, UM, SO ONE OF THE, UM, SO, SO SHORT TERM RENTAL IS LESS THAN 30 DAYS, SO HAVE YOU HAD OR TRIED ANY ATTEMPTS TO RENT THIS PROPERTY FOR MORE THAN 30 DAYS? WE DID, YEAH, WE PUT IT UP ON ZILLOW AND CRAIGSLIST AND EVERYWHERE, BUT WE HAVEN'T GOTTEN ANYONE YET AS YET, SO WE ARE PAYING FROM OUR POCKET.
ANY OTHER QUESTIONS? IS THERE ANY VOICEMAILS OR ANYONE SIGNING TO SPEAK ON THIS? NO.
WHILE WE'RE WAITING ON THE, UH, DOCUMENTATION FROM THE COMMUNITY, IS THERE ANY OTHER POINTS YOU'D LIKE TO MAKE OR ANYTHING YOU WANT TO UP NO, SIR.
I MEAN, WE ARE, WE ARE REALLY TRYING A LOT TO LIKE BUILD THE COMMUNITY HERE AND, UH, DO A LOT.
SO I HAVE SPOKEN TO A LOT OF SMALL BUSINESSES AROUND THE CITY AND I AM CHECKING LIKE A LOT OF MEETUP GROUPS, ET CETERA, TO PROMOTE LIKE WHOEVER WE COULD PROMOTE TO THE CITY AND LIKE, YEAH, JUST THAT WE ARE TRYING TO MAKE IT WORK.
A LOT MORE THAN JUST A BUSINESS, SO.
[00:25:08]
ALL RIGHT.SO IT LOOKS LIKE THERE'S FOUR IN SUPPORT.
IF THERE'S NO MORE QUESTIONS, I'M LOOKING FOR A MOTION, I'LL TAKE IT.
COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 25 DASH 3 35, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT IS SPECIAL EXCEPTION TO ALLOW FOR ONE A TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 10 31 SOUTH AVER STREET.
APPLICANT BEING SHIVANI ALREADY BECAUSE A TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF PROVISIONS THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE ADDITIONAL SHORT-TERM RENTAL IS LIKELY TO MATERIAL ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE.
THERE'S 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.
UH, THERE DOES NOT APPEAR TO BE A RE THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED, BUT SUCH PROPOSED USE, THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY AND MULTIFAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES AS THE TYPE TWO SHORT-TERM RENTAL UNIT.
THE ADEQUATE UTILITIES ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSE THAT CONFIRMED CITATIONS OR A, UH, ADJUDICATED OFFENSES, UH, UH, OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITH ONE YEAR OF 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 AND AFTER THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING, UH, MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXEMPTION DOES NOT APPEAR TO, TO THE ESSENTIAL CHARACTER OF THE DISTRICT OR THE LOCATION IN WHICH THE PROPERTY IS SEEKING A SPECIAL EXCEPTION AND A MOTION MANNA SECOND BY COMMISSIONER MANNA, COMMISSIONER UNA.
SO I'M GONNA BE IN SUPPORT OF THE MOTION AS READ.
UM, WE DID SEE TESTIMONY OR, UH, UH, TESTIMONY FROM THE NEIGHBORING PROPERTIES THAT'D BE MOST AFFECTED THERE ON GIVER STREET FOUR THAT WERE IN SUPPORT OF THE PROJECT.
UH, WE DID SEE DENVER HEIGHTS, UH, OPPOSITION, BUT IT WAS A GENERAL OPPOSITION IN MY, MY CONSIDERATION.
IT DID NOT SPECIFICALLY ADDRESS ISSUES SPECIFIC WITH THIS VARIANCE REQUEST.
AND SO I, YOU KNOW, UNDERSTAND THE, THE NEIGHBORHOOD JUST GENERALLY OPPOSES SHORT-TERM RENTALS.
I JUST DIDN'T SEE HOW IT WAS SPECIFIC TO THIS PARTICULAR PROPERTY.
AND LASTLY, THE EXISTING SHORT-TERM RENTAL THAT IS ON THE BLOCK, THE DRIVEWAY FACES ARANSAS AVENUE AND REALLY COULD BE ADDRESSED MOST LIKELY ON ARANSAS VERSUS GIVER STREET.
AND, UH, GIVEN THE APPLICANT THE OPPORTUNITY TO HAVE A SHORT TERM RENTAL.
SO WITH THAT SAID, I'M SUPPORTING THE MOTION AS READ.
ALL RIGHT, COMMISSIONER MANON, UM, I, I AM NOT GONNA BE IN AGREEMENT WITH MY COLLEAGUE HERE.
UM, AND SO FOR A COUPLE OF REASONS, UM, ONE IS THAT, THAT, YOU KNOW, THE COMMUNITY, UH, IS IN OPPOSITION.
SO, SO THAT'S ONE AND TWO, UM, EVERY OTHER HOUSE FROM THIS LOT, UM, YOU KNOW, SO BASICALLY WITHIN LIKE 300 FEET, THERE'S UM, FIVE MORE, UM, OR FOUR MORE SHORT TERM RENTALS.
AND SO THAT'S PRETTY DENSE FOR, YOU KNOW, A PRETTY SMALL AREA.
AND SO, SO FROM MY PERSPECTIVE THAT'S NOT, UM, CONSISTENT WITH WHAT I THINK THE CITY OF SAN ANTONIO'S TRYING TO ACCOMPLISH HERE.
SO I WILL NOT BE VOTING IN FAVOR.
ANY OTHER COMMISSIONERS LIKE TO ADD? UH, I, I'M GONNA CLOSE BY AND I WAS, YOU KNOW, I NORMALLY AM, AM UH, IF IF THE NEIGHBORS ARE IN SUPPORT, I'M USUALLY IN SUPPORT.
THIS ONE'S A LITTLE DIFFERENT FOR ME ONLY BECAUSE, UM, YOU KNOW, THIS WASN'T LIKE AN ACCIDENTAL PERMIT ISSUED, UH, IT WAS SOMETHING THAT WAS A PURCHASE AND, AND A AND IT PURSUED AFTER AFTERWARDS FROM SCRATCH.
SO I HAVE A LITTLE TROUBLE WITH THAT.
UH, AND, AND THE BOTH BLOCK PHASES ARE ALSO REPRESENTED BY SHORT-TERM RENTAL.
SO I DON'T, I DON'T THINK I'M GONNA BE IN SUPPORTIVE OF THIS PARTICULAR ONE.
LET'S HAVE ROLL CALL VOTE PLEASE.
COMMISSIONER ENA? YES, I CAN COVER COMMISSIONER MANNA.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER IBANEZ? NO, I DO NOT.
COMMISSIONER GOMEZ? I DO NOT CONCUR.
[00:30:01]
I DO NOT.COMMISSIONER VASQUEZ? I DO NOT CONCUR.
COMMISSIONER BONNIS? NO, I DO NOT.
CHAIR ORIAN AND I DO NOT CONCUR.
UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
LOOKS LIKE WE'RE ON ITEM NUMBER FOUR ALREADY.
THIS IS BO OA DASH TWO FIVE DASH 1 0 3 0 0 1 5 9.
ADDRESS IS 7 6 3 0 CASCADE OAK COUNCIL DISTRICT SEVEN.
AND THIS IS AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT LOCATED AT 76 30 CASCADE OAK, WHICH IS A TYPE TWO SHORT-TERM RENTAL SUBJECT PROPERTY IS LOCATED AT 76 30.
CASCADE OAKS SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY.
UH, THIS IS AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE SHORT-TERM RENTAL PERMIT.
PLATFORMS THAT DIRECTLY REMIT HOT.
ALSO NOW DIRECTLY REMIT CITY HOT, THE CITY'S FINANCE DEPARTMENT.
THIS INCLUDES MAJOR PLATFORMS SUCH AS AIRBNB AND VRBO.
IF THE STR IS RENTED THROUGH A PLATFORM THAT DOES NOT REMIT HOT, THE OPERATOR MUST CONTINUE TO REPORT, UM, CITY AND COUNTY HOT DIRECTLY TO THE CITY THROUGH AVENUE ON A MONTHLY BASIS.
ALL STR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REPORTS AND PAY BEAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS.
I'M SORRY, CAN YOU PAUSE REAL QUICK? UM, COMMISSIONER CRUZ, CAN YOU HEAR US? AND IF YOU CAN TURN ON YOUR CAMERA IF WE CAN GO AHEAD AND CONTINUE.
UH, THE CITY'S FINANCE DEPARTMENT, UM, STATES THAT REVENUE REPORTS WERE MISSING FROM AUGUST, 2024 THROUGH FEBRUARY 20, 25.
NOTICES OF DELINQUENCY WERE MAILED BY AVENUE BETWEEN JULY, 2024 AND MARCH, 2025.
AND A FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON JULY 14TH, 2025.
UM, SECTION ONE SIX DASH ONE 10 D STATES THE FAILURE TO TIMELY REPORT AND PAY HOTEL OCCUPANCY TAX WITHIN 90 DAYS SHALL RESULT IN PERMIT REVOCATION.
NO PAYMENT WAS, UH, MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED IN JULY 29TH, 2025.
UH, AS STATED, THIS IS A TYPE TWO, UM, THERE ARE 34 UNITS ON THIS BLOCK FACE.
THERE IS A, UM, AN ACTIVE TYPE TWO, UH, ON THE BLOCK FACE AT 7 6 1 8 CASCADE OAK.
UH, THE CURRENT DENSITY ONLY BEING 5.8%.
UM, THERE WAS A, UM, SHORT TERM RENTAL PERMIT INVESTIGATION IN 2024.
THE STATUS IS CLOSED, AN ACTIVE LISTING, AND THEN THE SITE PLAN.
AND THIS IS THE SUBJECT PROPERTY WITH THE NEIGHBORING PROPERTIES.
UH, STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL.
UM, THE ORDINANCE REQUIRES THE STAFF REVOKE THE PERMIT FOR THE VIOLATION DESCRIBED IN THIS REPORT.
THE OWNER OPERATOR OF THE SHORT-TERM RENTAL PER UH, PERMIT VIOLATED THE STR ORDINANCE BY FAILING TO TIMELY REPORT REVENUES AND PAY THE ASSOCIATED HOTEL OCCUPANCY TAX.
AND THE OWNER FAILED TO COMPLY WITH THE ORDINANCE EVEN AFTER ATTEMPTS WERE MADE TO INFORM THE APPLICANT OF THEIR DELINQUENT STATUS.
THIS IS THE NOTIFICATION PLAN.
38 NOTICES WERE MAILED, THREE WERE RECEIVED IN OPPOSITION.
UM, THEY'RE NOT ASSOCIATED WITH ANY REGISTERED NEIGHBORHOOD ASSOCIATIONS AND THREE CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
SO WHEN WAS THIS PERMIT INITIALLY ISSUED? UH, THE PERMIT WAS ISSUED ON JANUARY 24TH, 2024.
AND THIS, AND IT WASN'T A RENEWAL, IT WAS THE INITIAL ISSUANCE? CORRECT.
AND DO YOU, IS IS, UH, OTHER THAN THE INITIAL PERMIT,
[00:35:01]
DOES THE STAFF HAVE ANY, ANY, UH, HISTORY OF, OF HAVING EMAILS RETURNED OR COMMUNICATION WITH THE APPLICANT? NONE THAT WE HAVE RECEIVED, NO.'CAUSE I, I, YOU KNOW, I, FROM WHAT I'M HEARING FROM, FROM THE REST OF MY FELLOW COMMISSIONERS, YOU KNOW, WHEN WE HEAR THESE SORT OF CASES, I THINK IT'D BE IMPORTANT TO FIND OUT, UH, WHEN IT WAS ISSUED ORIGINALLY, IF IT WAS A RENEWAL.
AND THEN, AND THEN AGAIN, HAS THERE BEEN ANY EVIDENCE OF, OF ACTUAL CORRESPONDENCE WITH, WITH THE APPLICANT, BECAUSE A LOT OF THESE ARE ALL BASED ON I DIDN'T GET A RENEWAL NOTICE OR I DIDN'T KNOW WHAT HAPPENED, YOU KNOW, ARE THERE, OR THERE'S SOME ISSUE WITH THE TRANSITION FROM A DIFFERENT SYSTEM.
BUT IF WE, I'M, I'M REALLY TRYING TO FIND IF YOU HAPPEN TO HAVE ANY EVIDENCE THAT, THAT THERE WAS COMMUNICATION FLOWING BACK AND FORTH, UH, JUST FOR OUR BENEFIT.
SO MADAM COMMISSIONER MADAM, AND THEN MAYBE ONE MORE THING TO ADD IS, YOU KNOW, SO I THINK HAVING MAYBE A TABLE WITH THOSE DATES KIND OF LAID OUT, I THINK THAT'D BE RELEVANT FOR ME JUST SO I CAN KIND OF READING LOTS OF WORDS VERSUS JUST A SHORT SYNOPSIS WOULD BE BENEFICIAL.
AND MAYBE TO INCLUDE, AND MAYBE IT'S NOT RELEVANT, BUT, BUT MAYBE KIND OF RELEVANT IS WERE THEY ACTUALLY HAVING SHORT-TERM RENTALS DURING THOSE MONTHLY PERIODS TO KNOW THAT, YOU KNOW, IT'S, UH, 'CAUSE I THINK THERE'S A DIFFERENCE FOR WHEN IT IS TRULY NOT PAYING HOT TAX VERSUS, UM, JUST NOT FILING.
UM, YOU KNOW, AND I THINK THAT WOULD BE A DIFFERENCE.
IS THERE ANY OTHER COMMISSIONERS HAVE A QUESTION FOR STAFF BEFORE WE HAVE THE APPLICANT COME FORWARD? WE ALSO HAVE A PRESENTATION FROM THE FINANCE DEPARTMENT REGARDING THE HOT AS WELL.
WELL, WOULD Y'ALL LIKE TO HEAR THAT FIRST? SURE.
THIS IS WHAT WE SEE IN AVENUE, AND AS YOU CAN SEE THE ADDRESS IS, UM, THE MAILING ADDRESS AND THE PHYSICAL ADDRESS OF THE APPLICANT.
UM, THEIR FIRST FILING WAS IN APRIL, 2024 AND IT FOR THREE MONTHS, AND THEN IT CONTINUES WHERE THEY REPORTED LATE.
THEY KEEP REPORTING LATE AND, UM, TRYING TO CATCH UP FROM PREVIOUS MONTHS.
AND IT'S A PATTERN
UM, RIGHT HERE IT SHOWS THAT THEY PAID THEIR BEAR COUNTY HOTS BUT DIDN'T PAY FOR THE CITY OF SAN ANTONIO.
THEY PAY THE TAXES FOR BEAR COUNTY, BUT NOT FOR THE CITY.
WHEN AN APPLICANT PAYS THEIR HOT TAB, I'M SORRY TO INTERRUPT YOU.
WHEN, WHEN THEY PAY THEIR HOT TAX, IS IT A SEPARATE, COMPLETELY SEPARATE BETWEEN THE CITY AND THE COUNTY? OR DO Y'ALL COLLECT AND THEN GIVE TO THE COUNTY
SO WE DO COLLECT AND THEN WE DO SEND THEM THEIR MONEY.
SO ANYTIME THAT THEY'RE SHORT ON THE CITY, THEY ARE SHORT ON THE COUNTY? CORRECT.
AND THEN DOES, DOES THIS SHOW IF THERE'S BEEN A CHANGE OF EMAIL CONTACT, UH, DURING THE LAST YEAR OR WHATEVER? I HAVE THE LETTERS THAT SHOW WHAT WE HAVE, UM, ON FILE FOR THEM AND IT STAYED CURRENT THE WHOLE TIME.
WE RECEIVED THEIR LETTERS BECAUSE REALLY THE PREMISE OF A LOT OF THESE ARE, I DIDN'T GET THE EMAIL, SO THINGS COULD BE LIKE, MAYBE I CHANGED MY EMAIL ADDRESS OR SOMETHING, OR A NEW, I SIGNED IT TO A NEW PERSON TO HELP ME WITH SOMETHING.
I MEAN, I'M REGARDING THE CONTACT INFORMATION.
SO WHATEVER EMAIL ADDRESS OR MAILING ADDRESS THEY PROVIDED, WHEN THEY APPLY FOR THE APPLICATION, THAT'S THE INFORMATION THAT WE UTILIZE FOR BOTH THE PERMITTING SIDE AND THE HOT SIDE.
UNLESS THERE WE RECEIVE AN EMAIL FROM THE APPLICANT OR OWNER THAT THAT CONTACT ROOMMATE HAS BEEN CHANGED OR NEEDS TO BE UPDATED.
THAT'S THE CONTACT INFORMATION THAT WE UTILIZE.
IF AN APPLICANT, IF, IF AN, IF AN STR PERMIT HOLDER NEEDED TO UPDATE, DO THEY HAVE TO UPDATE IT ONLY WITH ONE SOURCE OR IS IT GOING TO MULTIPLE PEOPLE FOR AN UPDATE? UH, WE UPDATE IT ON OUR SIDE AND WE CAN ALSO REACH OUT TO AVENUE TO UPDATE ON THAT SIDE AS WELL.
I'M, I'M JUST TRYING TO FIGURE OUT WHAT IT TAKES.
LIKE DO THEY HAVE TO NOTIFY MULTIPLE PEOPLE OR IS IT JUST YOU GUYS? THEY CAN NOTIFY US BECAUSE WE COMMUNICATE THAT TO AVENUE.
UM, IF THEY REACH OUT TO AVENUE, WE RECOMMEND THEY STILL REACH OUT TO DSD SINCE WE KINDA OVERSEE THE PERMITTING SIDE OF IT.
AND, AND COMMISSIONER MATT, IF I MAY, OH, I'M SORRY.
KIND OF GETTING TO, TO YOUR QUESTION, THE EMAIL ADDRESS THAT WAS USED FOR THE PURPOSE OF OBTAINING THE PERMIT, WE DO HAVE MULTIPLE CORRESPONDENCES WITH THE APPLICANT, UM, ADDITIONAL INFORMATION REQUIRED RECEIVED.
SO WE HAVE REASON TO BELIEVE THAT THAT IS AN APPROPRIATE EMAIL ADDRESS.
[00:40:01]
RIGHT.AND THE LAST SLIDE, SEAN, IS THE ACTUAL EMAIL THAT GOES OUT TO THE OWNERS.
UM, AND IF YOU LOOK IN THE MIDDLE OF THE SLIDE, IT TELLS YOU THE ONLY WAY TO CHANGE IT OR, UM, STOP GETTING THE REMINDER EMAILS.
YOU ACTUALLY HAVE TO GO IN AND REQUEST THAT IF AN EMAIL EVER GETS KICKED BACK.
DO YOU, DO YOU SEE THAT? I DON'T SEE, IT WOULD BE SOMEONE FROM AVENUE, PROBABLY WHATEVER.
I'M JUST ASKING BECAUSE I KNOW THE CITY HAS SOME SECURITY ON THEIR EMAIL, SO I DIDN'T KNOW IF, IF THERE WAS AN ISSUE IF YOU WOULD EVEN KNOW THERE WAS ONE OR NOT.
SO AGAIN, THE EMAIL THAT'S ON FILE IS THE EMAIL ADDRESS THEY USED TO OBTAIN THE PERMIT.
ANY QUESTIONS FROM STAFF REGARDING THE PRESENTATION? COULD, COULD WE GO BACK TO THE SLIDE THAT SHOWS THEIR PAYMENT HISTORY? UM, BEFORE THAT, THAT ONE.
SO IT LOOKS LIKE THEY CEASED OPERATIONS OR, UH, SINCE THEY GOT THEIR REVOCATION SEEN A BUNCH OF ZEROES.
ANY OTHER QUESTIONS? WELL, THIS HAS BEEN MOST INFORMATIVE.
UM, LET'S HAVE THE APPLICANT COME FORWARD A LOT TO TAKE IN.
YOU'RE THE FIRST ONE OF THE DAY TO, TO GET, TO GET ALL THIS GOOD STUFF.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR STR.
AND UM, YEAH, I'M THE ONE IN CHARGE OF THE 76 76 30 CASCADE.
AND, UH, YEAH, I'M JUST TO SAY OFF THE, UH, THE RECORD, SIR, I DID HAVE A LOT OF TROUBLE WITH AVENUE.
THEIR SYSTEM IS VERY HARD TO NAVIGATE AT TIMES AND, UM, WITH THE CITY, UM, I DIDN'T EVEN KNOW I HAD TO PAY BOTH TO BE HONEST WITH YOU.
AND, UH, THAT'S JUST PART OF WHAT I WANTED TO SAY, BUT OKAY.
I WOULD LIKE TO READ SOMETHING THAT I HAVE JUST TO GIVE YOU A BACKGROUND.
AND, UH, SO MEMBERS OF THE COMMISSION, I'M HERE RESPECTFULLY TO, UH, REQUEST THAT YOU RECONSIDER YOUR DECISION TO REVOKE MY SHORT TERM RENTAL FOR THE PROPERTY AT 76 30 CASCADE OAK.
UM, BASICALLY, UM, I UNDERSTAND THE IMPORTANCE OF COMPLIANCE WITH THE REGULATIONS, RIGHT? AND COMMUNITY CONCERNS.
I DON'T TAKE THIS SITUATION LIGHTLY.
UNFORTUNATELY, ME AND MY WIFE WERE EXPERIENCING A REALLY SIGNIFICANT FINANCIAL HARDSHIP.
I LOST MY JOB BACK IN, UH, NOVEMBER OF 2023.
AND, UH, FOR A PERSON MY AGE, IT'S, UH, BEEN EXTREMELY HARD TO LAND THE JOB.
NOW THEY HAVE A NEW THING WHERE THEY, FROM WHAT MY WIFE WAS TELLING ME, WHERE ARTIFICIAL INTELLIGENCE, JUST, IF YOU DON'T DO YOUR RESUME A CERTAIN WAY, THEY JUST REJECT IT AND I'LL SEND MORE THAN 200.
SO I GUESS I HAVE TO GET WITH SOMEBODY WHO'S MORE KNOWLEDGEABLE ABOUT THAT.
BUT, UH, YOU KNOW, UM, I'M CURRENTLY STUDYING TO GET A HEALTH AND LIFE INSURANCE LICENSE, AND I'M, I'LL BE READY FOR THE TEST IN OCTOBER AT THE BEGINNING.
SO THAT SHOULD HELP ME GET BACK ON MY FEET.
MEANWHILE, MY WIFE STARTED A CLEANING BUSINESS FOR AIRBNBS, AND UH, IT'S STARTING TO SLOWLY MOVE AND, UH, THAT'S GONNA HELP US OUT A LOT TOO, SIR.
UM, BASICALLY I'M UP TO DATE WITH ALL MY PAYMENTS AGAIN.
I, THE ONLY TIME I, I HEARD ABOUT THE REVOKING OF THE LICENSE WAS WHEN I GOT AN EMAIL AND I WAS LIKE IN SHOCK.
YOU KNOW, I DIDN'T, IF I WOULD'VE HAD SOMETHING PHYSICAL, LIKE A LETTER, YES, I WOULD'VE DEFINITELY TAKEN STEPS.
LIKE, BUT I NEVER GOT THAT LETTER.
UH, I DON'T KNOW WHY, LIKE I SAID, AVENUE IS KIND OF HARD TO DEAL WITH.
I CALLED HIM THE OTHER DAY, I'M NOT SURE, CORRECT ME IF I'M WRONG, BUT I, I SAW A, A ADDRESS IN ALABAMA, OR I DON'T KNOW IF THAT'S WHERE THEY'RE LOCATED.
SO IT WOULD'VE BEEN EASY IF, UH, I WOULD'VE GOT A LETTER, I WOULD, I WOULD'VE ACTED A LONG TIME BEFORE THAT TO BE IN COMPLIANCE.
'CAUSE UH, I MEAN, I'M NOT THE KIND OF PERSON WHO TAKES ANYTHING LIKE THIS LIGHTLY, SIR.
SO, UM, AND THEN ANOTHER THING WITHOUT ME HAVING A JOB AND MY WIFE TOO, IT'S BEEN A LOT OF MAINTENANCE ISSUES, YOU KNOW, BIG THINGS AND NOT LITTLE ONES.
YOU HAD TO REPLACE TWO AC UNITS, WE HAD TO DO TWO, UM, WHAT DO YOU CALL THAT WHEN,
[00:45:01]
UH, UH, FOUNDATION REPAIRS, WHICH, AND THEY'RE NOT CHEAP AT ALL.AND OTHER THINGS THAT HAVE, BEFORE I PUT THAT PROPERTY INTO THE SHORT TERM RENTAL, IT WAS A RENTAL, JUST A NORMAL RENTAL.
BUT, UH, THEY, I HAD A LOT OF PROBLEM WITH MY TENANTS AND I HAD TO FIX THE HOUSE, PUT IT IN A LOT OF MONEY THAT, SO BASICALLY THAT'S WHERE I'M AT.
SO LET ME ASK YOU, IS THIS YOUR ONLY SHORT-TERM RENTAL PROPERTY? NO, I HAVE TWO OTHER MORE.
BUT, UM, THEY'RE OUTSIDE THE CITY.
SO YOU DON'T DEAL WITH AVENUE ON THOSE? YEAH, I DO, BUT UH, I MEAN THE TAXES ARE NOT THAT EXPENSIVE THEN FOR THIS, THIS ONLY ONE FOR 76 30.
AND YOU'VE HAD THIS ONE SINCE JANUARY 24TH OF 24.
ANY QUESTIONS FROM THE COMMISSION? UH, COMMISSIONER BRAGMAN, THIS IS ACTUALLY FOR STAFF.
DID WE SEE COPIES OF PHYSICAL LETTERS THAT HAD BEEN SENT OUT IN, IN THE PRESENTATION? SO THERE WERE LETTERS THAT WERE PHYSICALLY SENT OUT? YEAH, WE'LL GO AHEAD AND PULL UP THE PRESENTATION SO YOU CAN SEE THE LETTERS.
AND THIS SHOWS LETTERS THAT WERE SENT TO 3 2, 2 3 COLLIN COLLIN AVENUE.
PHYSICAL ADDRESS, THAT WAS MAINLY, MAINLY AVENUE LETTERS.
THOSE ARE THE ONLY LETTERS THAT I REALLY GET.
AND THEY'RE KIND OF LIKE REPETITIVE LETTERS AND, YOU KNOW, BALANCING YOUR EXPENSES AND WHAT YOU HAVE TO PAY.
YOU KNOW, IT SOMETIMES YOU JUST CAN'T MAKE IT.
ARE THERE, SO, SO JUST, ARE YOU, YOU DID RECEIVE THE LETTERS? YEAH, I DID RECEIVE THE AVENUE LETTERS.
MANNA, COMMISSIONER MANNA QUICK FOR CITY STAFF HERE.
SO ONE IS, UM, SO IT WAS MENTIONED THAT IT DID SAY FROM ALABAMA.
AND SO IS IT POSSIBLE WE'RE, WE CAN TALK TO THE, THIS ORGANIZATION ABOUT GETTING LIKE SOME LOCAL REPRESENTATION.
SO IT IS COMING FROM THE CITY OF SAN ANTONIO, SO IT MAKES A LITTLE BIT MORE SENSE.
IS THAT A POSSIBILITY AT ALL? I MEAN, IT, IT, THEY ARE CONTRACTED WITH THE CITY OF SAN ANTONIO AND THE LETTER INCLUDES THE CITY OF SAN ANTONIO'S SEAL ON IT.
BUT, YOU KNOW, JUST, JUST TRYING TO ADDRESS YOU, ONE OF COMMENTS GIVEN AND THEN THE OTHER, UH, QUESTION I HAD.
SO CURRENTLY, UM, THE CITY OF SAN ANTONIO DOESN'T HAVE ANY TRAINING SLASH CERTIFICATION COURSES THAT, THAT WE ADMINISTER FOR PEOPLE ENTERING SHORT-TERM RENTALS? CORRECT.
SO, SO ESSENTIALLY IT'S THROUGH THE ONLINE STUFF, OR DO WE ACTUALLY HAVE COURSES? YEAH, SO AT THE TIME THAT THE SYSTEM SWITCHED, UH, WE DID OFFER IN-PERSON AND VIRTUAL TRAINING COURSES.
THE FINANCE DEPARTMENT WHO IS PRESENT, I DON'T WANNA SOLELY SPEAK FOR Y'ALL, SO JUMP IN IF I SAY THIS WRONG.
WE CONTINUE TO PUBLISH ONLINE TRAINING GUIDES, UH, ON HOW TO REGISTER A HOTEL OCCUPANCY TAX ACCOUNT, HOW TO MAKE THE PAYMENTS ON A MONTHLY BASIS.
WE'VE CREATED FAQ DOCUMENTS, VIDEO GUIDES, AND THEN STAFF IS STILL AVAILABLE TO ASSIST PEOPLE IF THEY'RE STRUGGLING WITH THAT.
WHAT I WILL SAY SO AS TO AVOID CONFUSION AND STREAMLINE THE PROCESS AS BEST AS POSSIBLE, WHEN APPLICATIONS FOR SHORT TERM RENTALS ARE SUBMITTED TO DEVELOPMENT SERVICES DEPARTMENT, WE'LL CONFIRM WITH THE APPLICANT THE INFORMATION, AND THEN WE'LL ACTUALLY CREATE THE HOTEL OCCUPANCY TAX ACCOUNT FOR THEM.
AND WE PROVIDE THEM ALONGSIDE THEIR PERMIT, THEIR HOT NUMBER, AS WELL AS THE DIRECTIONS ON HOW TO LOG IN AND PAY AND CONTACT INFORMATION IF THERE ARE QUESTIONS AS THEY GO TO DO THAT.
SO WHEN SOMEONE DOES TAKE THAT TRAINING, IS IT DOCUMENTED WITH REGARDS TO THEIR, THEIR NAME AND THEIR EMAIL THAT THEY ACTUALLY TOOK THAT, THAT THAT TRAINING COURSE? OR JUST, SO THAT MIGHT BE A SUGGESTION IS JUST TO DOCUMENT THAT SO THAT WAY WE KINDA HAVE THAT IN THE BACKGROUND TO KNOW THAT YES, YOU KNOW, THERE WAS AN ATTEMPT THERE, AT LEAST THE CITY REACHED OUT AND MAYBE THE APPLICANT, YOU KNOW, CAN GIVE FEEDBACK THEN ON THAT TRAINING ITSELF.
I I, I PROBABLY SIMILAR TO MY COMMENTS I MADE AT LAST MEETING, WE HAVE A VERY SMALL STAFF TO MANAGE MANY THOUSANDS OF SHORT-TERM RENTALS.
SO THAT WOULD BE DELEGATING CHALLENGING.
SO THE, THE FINAL LETTER OF REVOCATION, DOES THAT COME FROM AVENUE OR FROM THE CITY? SO AFTER THESE NOTICES ARE MAILED, MY STAFF PROACTIVELY REACHES OUT TO ALL OF THE, THE RECIPIENTS THAT ARE SUBJECT TO REVOCATION.
WE OFFER A FINAL TWO WEEK THAT'S EMAILED FROM CITY STAFF TO SAY, YOU RECEIVE NOTICES FOR THESE MONTHS AND IF YOU DO NOT
[00:50:01]
SOLVE THIS IN TWO WEEKS, WE WILL REVOKE YOUR PERMIT.SO THAT FINAL WARNING AND THEN THE ACTION OF REVOCATION COMES FROM THE CITY VIA EMAIL? BOTH OF THEM VIA, YES.
WHATEVER EMAIL THEY HAVE ON FILE.
COMMISSIONER BARRINGTON? YEAH.
UM, THE ISSUE OF EMAIL VERSUS, UH, PAPER LETTER ONCE AGAIN, UH, DID YOU NOT SEND HIM A PAPER LETTER? WE SENT NINE PAPER LETTERS THAT HE JUST ACKNOWLEDGED HAVING RECEIVED, PARDON ME.
WE EMAILED, IN THIS CASE WE EMAILED, I BELIEVE IT'S NINE PAPER LETTERS THAT HE ACKNOWLEDGED THAT HAVING RECEIVED.
AND THEN THE FINAL ACTION FOR REVOCATION, WHICH HE ALSO RECEIVED CAME VIA EMAIL.
IF THE APPLICANT IS FACING SOME KIND OF FINANCIAL PROBLEMS, WOULD THAT WINDOW THAT TWO WEEK BE AN OPPORTUNITY FOR HIM TO REACH OUT TO THE CITY TO BE ABLE TO ARRANGE FOR PAYMENT OR SOMETHING? I'M GONNA LET SABRINA SPEAK TO PAYMENT PLAN OPPORTUNITIES.
YES, THE CITY DOES OFFER PAYMENT PLANS.
UH, WE DO OFFER EITHER A THREE, SIX OR A NINE MONTH PAYMENT PLAN TO CONCURRENT ALL THEIR TAXES.
AND IN THIS SITUATION, DID THE APPLICANT REACH OUT FOR ANY KIND OF PAYMENT PLAN WITH THE CITY TO KEEP HIS, DID THEY REACH OUT? YES.
COMMISSIONER UNI ON THESE AVENUE LETTERS THAT ARE SENT OUT, ARE PAYMENT PLANS ON, ON THESE AVENUE LETTERS OR IS THERE SOMETHING THERE THAT SAYS OPTION FOR PAYMENT PLANS? NO, IT'S, IT'S GOT A NUMBER TO CALL TO TALK ABOUT PAYING PAYMENT.
GENERALLY IT DOESN'T SAY, THE LETTER DOESN'T SAY YOU CAN ENTER INTO A PAYMENT PLAN, NOR DOES IT SAY YOU HAVE TO PAY EVERYTHING IN ONE LUMP SUM.
IT JUST DESCRIBES THE MONTHS YOU'RE MISSING AND THEN CONTACT INFORMATION TO MAKE IT.
UH, AND THIS ONE'S FOR THE APPLICANT.
SIR, WHEN YOU RECEIVED THESE LETTERS, UM, AND YOU, AND YOU READ 'EM AND YOU SAW WHAT WAS ON THERE, YOU KNOW, WHAT WAS YOUR COURSE OF ACTION AT THAT POINT ONCE YOU DID GET THE LETTERS? WELL, YES SIR.
I ONLY GOT THOSE LETTERS FROM AVENUE.
BUT AS FAR AS THE LETTER FROM THE CITY, NO.
BUT WHEN YOU GOT THOSE AND YOU READ THROUGH THAT, WHAT, YEAH, WHAT WAS YOUR QUESTION? WELL, I SAID MAYBE I CAN PAY THE SOME MONTHS, BUT I'M REALLY, I REALLY HAVE TO PAY CPS AND SAW HIS FIRST.
IT WAS JUST A JUGGLING KIND OF THING.
WAS REVENUE COMING IN FROM, FROM CASCADE, CASCADE OAK AT THIS TIME WHEN YOU WERE GETTING THE LETTERS? TO BE HONEST, SIR, IT WAS MOSTLY GOING TOWARDS THE MORTGAGE PAYMENT.
IF YOU KNEW THAT THERE WAS A PAYMENT PLAN IN PLACE SOMEWHERE ON THESE LETTERS, WOULD THAT HAVE MAYBE LED YOU TO YES.
REACH OUT TO THE CITY AND SAY, HEY MAN, CAN I GET ON SOMETHING THAT, THAT WOULD MAYBE HELP ME OUT? DEFINITELY, SIR.
I WOULDN'T, AND I HAD NO IDEA ABOUT THAT.
UM, ANY OTHER COMMISSIONER QUESTIONS? IS THERE ANY VOICEMAILS OR ANYONE SEND TO SPEAK? UH, ONE SPEAKER, UM, KYLE BAKER, WHAT WE'RE GONNA DO IS LISTEN TO, UH, SOMEONE SIGN UP TO SPEAK AND THEN WE'LL HAVE YOU COME BACK UP.
PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS.
I AM A RESIDENT THAT LIVES JUST DOWN THE STREET, ACTUALLY NEXT TO THE OTHER SHORT-TERM RENTAL, UM, THERE ON CASCADE OAK.
UH, AND I JUST WANNA SAY, AS PART OF THIS PROCESS, MY WIFE AND I ACTUALLY WENT AND SPOKE WITH A NUMBER OF OUR NEIGHBORS.
UM, AND TO SEE OF THE PEOPLE LIVING ON THE STREET ALONG CASCADE OAK, WHO ARE DIRECTLY AFFECTED BY THIS PROPERTY, WHAT THEY HAD TO SAY, THREE PEOPLE DID MAIL IN LETTERS FOR THE, OR SEND IN EMAILS WITH STATEMENTS, UH, BUT MOST OF THEM THAT ARE ON THE STREET ARE ACTUALLY RENTERS.
AND THESE LETTERS ARE ONLY COLLECTING COMMENTS FROM THE PROPERTY OWNERS.
SO IN CASES WHERE YOU HAVE A RENTAL PROPERTY, THE PEOPLE WHO ACTUALLY HAVE TO LIVE NEXT DOOR HAVE NO VOICE IN THIS MATTER.
UH, AND I THINK THAT THAT'S SOMETHING THAT MAYBE THE CITY SHOULD LOOK AT ADDRESSING IN THE FUTURE.
UM, BUT AS FAR AS THIS ACTUAL PROPERTY GOES, UH, IT ACTUALLY OPERATED AS AN AIRBNB FOR A NUMBER OF MONTHS PRIOR TO, UH, COMING ONLINE WITH A PERMIT.
UH, WE, WE WERE MONITORING IT AS SOON AS THEY STARTED DOING THE RENOVATIONS ON THE PROPERTY FOR IT.
UM, AND EVER SINCE THAT DAY, IT HAS BEEN CONSTANT PROBLEMS WITH THIS PROPERTY.
THEY HAVE, THEY HAVE PARKING CONSTANTLY ON THE SIDEWALKS, UH, WHICH BLOCK THE SIDEWALKS.
SO MY CHILDREN, UM, AND OTHER CHILDREN IN THE NEIGHBORHOOD ON THEIR WAY OF WALKING TO, UH, SCOBY ELEMENTARY, WOULD HAVE TO WALK OUT INTO THE STREET IN THE EARLY MORNINGS WHEN THERE'S LOW VISIBILITY BECAUSE VEHICLES WERE PARKED THERE, UH, INCLUDING LIKE A 30 FOOT GOOSENECK TRAILER WITH A BUNCH OF, UH, ATVS ONE NIGHT.
UM, THAT TRAILER ACTUALLY BLOCKED THE DRIVEWAY FOR 7 6 3 4, UH, CASCADE OAK.
THAT PROPERTY IS VACANT AND FOR SOME REASON, THE RESIDENTS WHO RENT AT THIS PARTICULAR AIRBNB ROUTINELY PARK IN THAT DRIVEWAY.
AND WE'VE SPOKEN WITH THEM, WE'VE SPOKEN, CALLED IT INTO SAPD.
THE NEIGHBORS ACROSS THE STREET HAVE MADE COMMENTS ABOUT THIS.
[00:55:01]
THAT ALL OF THESE GUESTS ARE JUST SPONTANEOUSLY PARKING IN THE PROPERTY NEXT DOOR THAT HAPPENS TO BE VACANT OVER AND OVER AND OVER AGAIN.UH, WITHOUT KNOWLEDGE OF THE OWNER, I WOULD PRESUME.
UM, TRASH HAS CONSTANTLY LEFT OUT ON THE CURB.
WE HAVE OUR NEIGHBORHOOD RULES STATE THAT THE TRASH GOES OUT ON MONDAYS.
IT HAS TO BE ROLLED BACK WITHIN 24 HOURS.
TRASH CANS GET ROLLED OUT DAYS IN ADVANCE WHILE THEY'RE OVERFLOWING.
AND ALL THAT TRASH THAT FALLS OUT ONTO THE STREET BLOWS INTO MY YARD ULTIMATELY, 'CAUSE I LIVE DOWN THE HILL FROM THEM.
WE'VE HAD MULTIPLE CONVERSATIONS WITH GIL WHO LIVES ACROSS THE STREET FROM THIS PROPERTY, AND GIL HAS TOLD ME THAT HE HAS SPOKEN WITH THE OWNER MULTIPLE TIMES TO LET HIM KNOW THE PROBLEMS THAT HE'S HAD WITH IT.
THERE ARE CONSTANT LARGE GROUPS OF CHURCH GROUPS, BUSINESS GROUPS, LIKE IT'S A, IT'S A VERY ACTIVE PROPERTY WITH LARGE NUMBERS OF PEOPLE COMING AND GOING.
THERE'S LOTS OF TRASH, THERE'S LOTS OF PARKING ISSUES CONSTANTLY AROUND THIS PROPERTY.
THERE'S A NUMBER OF VACANT PROPERTIES THAT HAVE BEEN LISTED AS RENTALS FOR, THAT HAVE BEEN VACANT FOR A NUMBER OF MONTHS NOW.
AND I BELIEVE THAT PART OF THE PROBLEM IS NOBODY WANTS TO LIVE NEXT TO A SHORT TERM RENTAL.
UM, I DO GIVE CREDIT TO THE, THE WOMAN THAT WE HEARD EARLIER TODAY WHO WENT AND TALKED TO HER NEIGHBORS TO GET THEIR FEEDBACK AND MAKE SURE SHE WAS BEING A GOOD HOST.
I BELIEVE THAT THERE ARE A NUMBER OF GOOD HOSTS THAT EXIST WITHIN THIS INDUSTRY.
LIKE, THIS IS THE FIRST TIME I'VE MET THIS OWNER.
WE'VE, WE'VE REACHED OUT, WE'VE TALKED WITH OTHER, OTHER NEIGHBORS.
THIS IS NOT SOMEBODY WHO IS BEING PART OF THE COMMUNITY.
I UNDERSTAND THE, AND APPRECIATE THE DIFFICULTIES, THE FINANCIAL SIDE OF THINGS, BUT IF THIS PROPERTY IS A BURDEN, YOU SHOULD JUST SELL IT AND LET IT GO BACK TO BEING AN ACTUAL RENTAL.
AND MAYBE THOSE OTHER PROPERTIES WILL FILL IN AS WELL.
IS YOUR H YOUR HOA IS NOT REGISTERED, BUT IS IT A MANDATORY HOA? IT IS A MANDATORY HOA, UM, WE HAVE LANGUAGE IN THE, UH, DEED RESTRICTIONS THAT PROHIBIT THE OPERATION OF A BUSINESS FROM THE PROPERTIES.
THE STATE OF TEXAS HAS CLARIFIED THAT IF IT DOES NOT EXPLICITLY SAY SHORT TERM RENTAL, IT DOESN'T COUNT.
SO, UM, BUT WE HAVE BEEN IN COMMUNICATION WITH THE SHORT, WITH THE AIRBNB OR WITH THE, UH, I'M SORRY.
THE HOA, UM, WE MOST RECENTLY REACHED OUT BECAUSE HE HAS RECENTLY STARTED ADVERTISING THE NEIGHBORHOOD'S, AMENITIES, THE POOLS, TENNIS COURTS, THINGS LIKE THAT, AS AMENITIES FOR HIS SHORT-TERM RENTAL, WHICH IS SPECIFICALLY NOT ALLOWED BY THE, UM, NEIGHBORHOOD.
AND THE NEIGHBORHOOD HAS BEEN IN COMMUNICATION WITH HIM ABOUT THAT.
ANY, UH, QUESTIONS FROM THE COMMISSION? UH, B****S, THIS IS ACTUALLY FOR STAFF.
UM, SO WHO DO THE LETTERS GET, NOT THE LETTERS FOR, UH, THE APPROVAL OR COMMENT ON A CASE? IS IT MAILED TO THE ADDRESSES WITHIN 200 FEET OR THE OWNERS OF THE PEOPLE WITHIN 200 FEET? THE OWNERS.
ALRIGHT, IS THERE SOMETHING ELSE FOR THE CITY? YES, COMMISSIONER BEEZ.
ARE THERE ANY, UH, CODE COMPLIANCE, UH, AGAINST THIS PROPERTY? ONLY? CODE COMPLIANCE BASICALLY WE HAD WAS BACK IN JUNE OF JANUARY, 2024 WHEN THEY WERE OPERATING WHILE THE PERMIT IT WAS, BUT SUBSEQUENTLY, SUBSEQUENTLY CLOSED WHEN THEY APPLIED FOR A SHORT-TERM RENTAL PERMIT AT THE PROPERTY.
THEY'RE CURRENTLY, THEY ARE CURRENT ON ALL TAXES NOW, RIGHT? HE'S CAUGHT UP.
GIVE US, GIVE US A COUPLE MINUTES TO CALCULATE THAT ONE AND SABRINA AGAIN, WE CAN HAVE THE APPLICANT COME BACK FORWARD.
PLEASE CHIME IN, UH, IF I'M INCORRECT, BUT IT SOUNDS LIKE THE ISSUE IS THAT THEY REPORTED THE REVENUE FOR THE SAKE OF THE COUNTY TAX, WHICH IS 1.9%.
UM, BUT THEY REPORTED FOR THOSE SAME MONTHS THAT THEY REPORTED REVENUE FOR THE COUNTY TAXES, THEY REPORTED NO INCOME WHATSOEVER FOR THE CITY TAXES.
SO YOU CAN REPORT REVENUE FROM ONE AND NOT THE OTHER.
SO YEAH, IN, IN AVENUE YOU STILL HAVE TO REPORT YOUR REVENUES FOR CITY AND COUNTY, THEY'RE, UH, THEY'RE REPORTED ON THE SAME SCREEN, BUT IT'S A DIFFERENT KIND OF TOGGLE FOR CITY AND COUNTY.
SO THEY HAD GONE IN AND ENTERED THE REVENUE FOR THE COUNTY TAXES, BUT HAD ENTERED NO INCOME.
MANNA CAN, CAN YOU SHOW THAT ON THE SCREEN SO I UNDERSTAND WHAT IS IT, YOU KNOW, VISUALLY SO I CAN KIND OF SEE THAT? 'CAUSE I'M A LITTLE CONFUSED HERE.
UM, SO, SO, UM, SO THE APPLICANT HAS TO PUT DATA IN TWO LOCATIONS TO CALCULATE THE TAX CITY AND COUNTY VERSUS MM-HMM
REVENUE AND THEN TWO COLUMNS SHOWING UP, SAY, HERE'S YOUR COUNTY TAX VERSUS CITY TAX.
WELL, THAT SOUNDS, SO TYLER, IF WE CAN PUT THAT ON THE, THAT SOUNDS LIKE SOMETHING THAT NEEDS TO BE, AND IS THAT A WELL, I, I, I WILL SAY IT'S SOMETHING THAT WORKS QUITE WELL FOR THE VAST MAJORITY OF OPERATORS.
IT'S MAYBE NOT THE MOST CONVENIENT, BUT THAT'S THE FUNCTIONALITY FOR THE CONTRACTOR THAT WE HAVE.
IF YOU SEE ON THE SCREEN, YOU'VE GOT THE SAME MONTHS REPORTING REVENUE FOR THE COUNTY TAXES,
[01:00:01]
BUT REPORTING ZERO INCOME FOR THE CITY TAXES.SO I GUESS I'M LOOKING TO SEE THIS IS A REPORT OUT OF THAT PRECURSOR TO THIS ACTUALLY ENTERING THE DATA.
AND THAT'S WHAT I WAS LOOKING FOR, IS TO KIND OF SEE WHAT IT IS THAT THE APPLICANT OR THE, OR THE OWNER WOULD BE PUTTING IN WHEN THEY, WHEN THEY GO TO KEY THIS DATA, WHICH IS THE REPORT OUT OF WHAT THEY KEYED IN.
SO I WAS JUST LOOKING FOR THAT LINE ITEM THAT SAYS, HERE'S MY MONTH, HERE'S THE AMOUNT THAT I, THAT I PAY TAX ON, OR, OR THAT I HAD IN REVENUE.
AND THEN SUBSEQUENTLY, YOU KNOW, I GUESS JUST TRYING TO UNDERSTAND THAT PART VERSUS THIS PART HERE.
SO WHAT THE CUSTOMER, WHEN THEY GO ONLINE TO THE AVENUE PORTAL, THEY DO HAVE THE OPTION BECAUSE WE DO SERVICE CUSTOMERS WHO ARE INSIDE THE CITY LIMITS AND WHO ARE ONLY OUTSIDE THE CITY LIMITS.
SO WHAT CUSTOMERS DO IS THEY CLICK ON THE RADIO BUTTON THAT STATES I AM OUTSIDE THE CITY LIMITS AND THIS BYPASSES THEM PAYING THE SAN ANTONIO TAXES.
SO IF A PROPERTY IS INSIDE THE CITY LIMITS, LIMITS AND THEY MIS CORRECT, THEY INCORRECTLY CLICKED THIS BOX, THEN THAT HEADS DOWN THIS PATH HERE IS CORRECT.
SO, SO IS THAT WHAT THE APPLICANT DID IN THIS PARTICULAR CASE? CORRECT.
THEY SELECTED THE, THEY SELECTED THE WRONG RADIAL BUTTON AND THEREFORE THESE LINE ITEMS DID NOT COME UP.
SO THE SYSTEM DEFAULTS TO INSIDE THE CITY LIMITS.
THEY NEED TO CLICK ON THE RADIAL BUTTON THAT STATES I AM OUTSIDE THE CITY LIMITS.
SO, SO, UM, THE FIRST MONTH THAT AN APPLICANT INSIDE THE CITY LIMIT, UM, DOESN'T SHOW SHOW ZERO REVENUE.
DOES THE CITY
SO THAT SEEMS LIKE A, A, A MISS.
SO NO, THE ONLY TIME THAT THE CITY WILL CATCH THAT THEY DID NOT REPORT CORRECTLY IS WHEN OUR COMPLIANCE AND RESOLUTION DEPARTMENT GOES OUT THERE AND AUDITS THE ACCOUNT.
BONNI, I GOT A BEEZ, I GOT A QUESTION FOR STAFF.
UM, PRIOR TO THESE DELINQUENT MONTHS WHEN HE WASN'T PAYING THE CITY, WERE THERE MONTHS BEFORE THAT WHERE HE WAS PAYING THE CITY AND COUNTY? YEAH.
PRIOR HIM TO HIM? SO AT SOME POINT HE KNEW CITY AND COUNTY, RIGHT? HE WAS PAYING CITY AND COUNTY BEFOREHAND, BUT THEN AFTERWARDS HE JUST DID NINE MONTHS OR HOWEVER MANY MONTHS THERE OF ONLY COUNTY.
DID, DID, WERE YOU, DID YOU UNDERSTAND THAT BEFOREHAND? 'CAUSE WHEN YOU FIRST STARTED WITH AVENUE, YOU WERE PAYING CITY AND COUNTY, BUT THEN SOMEHOW JUST COUNTY ONLY GOT PAID? YES SIR.
THAT WAS WHEN, UM, I SPOKE TO THE AVENUE PEOPLE AND THEY SAID, YEAH, YOU HAVE TO DO IT THIS WAY.
THEY WERE NOT, THEY WERE A LITTLE HELPFUL, BUT I MEAN, THEY, THEY COULD HAVE DONE IT IN A MORE SIMPLE MANNER.
BUT WHAT, WHAT I MEAN IS BEFOREHAND, I GUESS BEFORE THESE, THE CITY SHOWS THAT YOU WERE PAYING BOTH CITY AND COUNTY THROUGH AVENUE WHEN YOU FIRST STARTED, RIGHT? SO, BUT THEN AT SOME POINT YOU STOPPED PAYING THE CITY.
WHERE WAS THE CONFUSION THERE? UM, I THINK THEY CHANGED THE SYSTEM.
I'M NOT SURE WHEN THEY, IF YOU DO AIRBNB AND AIR AND VRBO, YOU HAVE TO, YOU HAVE TO DO SOMETHING DIFFERENT THERE, SIR.
SO, SO, UM, IF I HEARD CORRECTLY, THE APPLICANT HAD CORRECT, HAD CORRECTLY CLICKED THE RIGHT RADIAL BUTTON IN THE BEGINNING AND THEN SUBSEQUENTLY CHOSE A DIFFERENT BUTTON.
SO IS THAT A BUTTON THAT YOU SELECT EVERY SINGLE MONTH? OR, OR, YOU KNOW, WHY WOULD IT, WHY WOULD IT HAVE BEEN THE CASE WHERE IN THE BEGINNING IT WASN'T AND THEN LATER DOWN THE ROAD IT WASN'T, HE SELECTED THE RADIO BUTTON EVERY MONTH.
SO WHY IS THAT AN OPTION? SO, YOU KNOW, SO IT SEEMS TO ME WHEN THE ACCOUNT IS SET UP FROM THE BEGINNING, IT'S NOT GONNA MOVE INSIDE THE CITY OR OUTSIDE THE MOVIE.
SO IT, SO IT SEEMS LIKE ONCE THAT'S SET, WHY WOULD THAT BE, I GUESS AN OPTION? NEVERMIND, THAT WAS A RHETORICAL QUESTION.
SO
YEAH, I THINK I'VE MESSED WITH THAT AVENUE, YOU KNOW, AND IT LEAVES A LOT OF RESPONSIBILITY ON THE, THE APPLIC OR ON THE, UH, THE OPERATOR.
A LOT OF IT IS ON THE OPERATOR UNDERSTANDING HOW TO OPERATE THAT SYSTEM CORRECTLY, WHAT THEY'RE CLICKING, WHAT THEY'RE NOT CLICKING.
CAN I BYPASS SOMETHING THIS MONTH OR, YOU KNOW, BUT A LOT OF IT IS ON THE OPERATOR KNOWING THAT SYSTEM VERY WELL.
IT'S NOT THE FRIENDLIEST SYSTEM.
I AGREE WITH THESE GUYS, BUT ON THERE IT'S LIKE, OKAY, I KNOW I PAY, I KNOW I PAY COUNTY.
LIKE, AND I MEAN IF IT'S WAS DONE AT SOME POINT, YEAH.
SO THIS, THIS, UH, IF THIS DOESN'T GET PASSED TODAY, THEIR, THEIR YEAR STARTS IN JULY.
[01:05:02]
IT WOULD START FROM WHEN IT WAS REVOKED, WHICH I BELIEVE WAS THE END OF JULY.DID WE GET AN UPDATE ON, ON THE TOTAL PAST DUE, IT'S $343 AND 8 CENTS.
I I DIDN'T HOW MUCH IS, IS THREE 40? 3 0 8.
OKAY, SIR, IF, COULD YOU GET, COME UP TO DATE WITH, WITH YOUR YES SIR.
I HAVE, UM, THE AVENUE WHERE I PAY, AND THIS IS FOR AUGUST.
I WENT IN THIS MORNING AND I WANTED TO PAY, CAN YOU GIVE THAT RECEIPT SO THEY CAN PROJECT THAT UP THERE? SO YOU'RE, YOU'RE AS THEY MAY NOT KNOW THIS YET, BUT YOU'RE, AS FAR AS YOU KNOW, THAT YOU'RE UP TO DATE.
IF I WERE NOT, I, I'M, I, I MEAN, I, I TRY TO PAY SEPTEMBER, BUT IT WILL NOT LET ME, IT WOULD JUST SHOW AUGUST, 2025 AND THAT'S, YOU CAN'T GO FURTHER THAN THAT.
SO YOU PAID $62, BUT YOU OWED 348.
YEAH, I'M NOT SURE WHERE TO GET THOSE FIGURES, BUT I'M SURE THAT THEY'LL YEAH.
I'M, I'M JUST, I'M GONNA REAL QUICK KNOW, REAL QUICK, WE'RE, WE'RE NOT GONNA CALCULATE THE OUTSTANDING TAX PAYMENT HERE.
I, I DON'T, WE, WE WOULD NEED SOME TIME TO LOOK AT THAT AND I DON'T WANT TO PUT THAT ON THE RECORD FOR WHAT KNOWS IN, WELL, I THINK THAT WE'VE KIND OF TALKED ABOUT THIS ENOUGH.
UM, IF THERE'S ANYTHING ELSE YOU'D LIKE TO SAY IN CLOSING BEFORE WE DELIBERATE? YES, SIR.
UM, I REALLY APOLOGIZE TO THE GENTLEMAN WHO, UM, WHO LIVES IN CASCADES OAK.
I HAD NO IDEA THAT, I MEAN, I KNEW ABOUT THE, THEY HAVE A SHOOTING RANGE CLOSE TO THERE, AND THAT'S WHERE HE BROUGHT THOSE ATVS.
BUT, UM, I CALLED GIL AND I SAID THAT THAT'S THE NEIGHBOR WHO LIVES IN FRONT OF ME.
AND I SAID, DID THOSE PEOPLE BRING A BUNCH OF LITTLE, YOU KNOW, THOSE LITTLE THINGS AND, AND A BIG TRANSPORTER, RIGHT? YEAH.
AND HE SAYS, YEAH, AND I SAID THAT THEY HAVE TO MOVE IT IMMEDIATELY.
I'M GONNA GET IN TROUBLE WITH THE HOA AND, AND ALL THE NEIGHBORS.
SO I CALLED THEM AND I SAID, YOU NEED TO MOVE THAT.
THEY SAID, NO, THIS IS JUST FOR RIGHT NOW.
WE'RE GONNA MOVE IT IMMEDIATELY.
AND THEY, THEY MOVED IT THE NEXT DAY.
IT WAS NOT AND THEN NEVER CAME BACK.
RIGHT THE STREET TO GET AROUND IT THOUGH.
UM, UM, I DON'T ALLOW PARTIES THERE 'CAUSE IT'S IN THE RULES.
HAVE YOU BEEN CITED BY SAPD FOR BLOCKING THE SIDEWALK PATH ACROSS THE DRIVEWAY, SIR? I HAVE NOT.
AND I, IF I WOULD, I MEAN, I TELL 'EM IF CAN PARK THREE CARS IN THE DRIVEWAY AND ONE IN FRONT, THAT'S IT.
WELL, I'M, I'M, I'M JUST SUGGESTING UHHUH THAT SINCE EVERYONE KNOWS THAT THIS IS AN OCCURRENCE THAT HAPPENS, YEAH, PHONE CALLS CAN BE MADE TO SAD
SIR, YOU HAVE TO COME, IF I, I'LL GO AHEAD AND ASK YOU QUICK.
PLEASE STATE YOUR NAME AGAIN AND, AND, UH, YOU CAN ADDRESS THAT QUESTION.
JUST AS A NOTE ON SAPD, UM, WE'VE BEEN IN CONTACT WITH THE PR SUBSTATION FOR THIS, THIS, UH, ONE AND THE, THE OTHER ONE ON OUR STREET WITH ISSUES WITH THAT ONE AS WELL.
UM, SAPD DOES NOT LIKE TO COME OUT FOR THESE ISSUES AND THEY DO NOT LIKE TO LEAVE FILE OFFICIAL INCIDENT REPORTS AND LIKE ISSUE CITATIONS.
WE HAVE INCIDENT NUMBERS THAT THEY WILL GIVE US, BUT THOSE ARE NOT THE SAME THING AS A CITATION.
THEY USUALLY PREFER TO NOT CITE THEM.
AND ALSO, UM, WHEN WE CALL THOSE IN, IT'S USUALLY THREE TO FOUR HOURS BEFORE AN OFFICER COMES OUT.
SO IF WE ARE GONNA WAIT TO GET THAT INCIDENT NUMBER FROM THEM, WE'RE SOMETIMES WAITING UNTIL THREE O'CLOCK IN THE MORNING TO GET THE, YOU SHOULD TALK TO YOUR COUNSEL'S OFFICE AND YOUR SAFE OFFICER HAVE BEEN IN CONTACT WITH BOTH OF THEM, BUT JUST THERE'S, THERE'S NOT GONNA BE CITATIONS FOR THIS BECAUSE IT'S JUST INCIDENT NUMBERS AND THEN THEY BUGGER OFF COMMISSIONER MAAM.
AND THEN ALSO, YOU KNOW, SO I LEVERAGE 3 1 1 ALL THE TIME.
AND SO, SO I RECOMMEND, YOU KNOW, LOGGING IN THERE AND SO, BECAUSE THAT WAY YOU CAN GO BACK TO YOUR COUNCIL PERSON AND SAY, HERE'S, YOU KNOW, HERE'S HOW MANY TIMES THIS IS OCCURRING.
AND, AND THEY'LL, THEY'LL RUN, THEY, THEY WILL RUN THOSE REPORTS.
AND SO I WORK WITH THE OFFICE REGULARLY IN DISTRICT SEVEN.
YOU CAN WORK WITH, UH, SAUL QUITE A BIT, SO, YES.
SO IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION ON THIS MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 1 5 9.
AND WITH THE BOARD, JUSTIN GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 7 6 3 0 CASCADE OAK, APPLICANT BEING, UH, ROBERTO, UH, BOGRAM BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR ENFORCING SECTION 16 DASH ONE 1D WHEN REVOKING THE SHORT-TERM RENTAL PERMIT.
SECOND BY COMMISSIONER BONNI, COMMISSIONER AMANDA.
[01:10:01]
SO I'VE KIND OF GONE BACK AND FORTH WITH THIS CASE A LITTLE BIT AND UM, AND, BUT ULTIMATELY I'M GONNA END UP THAT I I I DO NOT THINK THAT THE CITY MADE A MISTAKE.I THINK THE CITY HAS SOME CORRECTING TO DO, BUT I THINK ULTIMATELY IT, IT COMES DOWN TO, UM, THE APPLICANT STARTED IN THE RIGHT PATH BUT ENDED IN THE WRONG PATH.
SO, SO, SO, SO THAT, THAT PATH WAS KNOWN.
AND SO BECAUSE OF THAT, UH, I'M NOT GONNA BE IN SUPPORT OF THE APPEAL COMMISSIONER MUNIEZ AGREEMENT, UH, WITH COMMISSIONER MANNA.
I DON'T THINK THE CITY MADE AN ERROR HERE.
I THINK THEY SENT PLENTY OF NOTICES OUT.
I THINK THAT WAS CONFIRMED BY THE APPLICANT AND, UM, YEAH, I MEAN THAT, THAT'S WHAT WE'RE HERE FOR.
WHETHER THE CITY MADE AN ERROR AND I DON'T THINK THEY DID.
IS THERE ANYONE ELSE LIKE TO ADD? ALL RIGHT.
AND SINCE I'M JUST GONNA SAY THAT AT 5.8% ON THIS BLOCK FACE AND 12 MONTHS FROM THE END OF JULY, THEY'LL BE ABLE TO APPLY AGAIN.
SO LET'S HAVE ROLL CALL VOTE PLEASE.
COMMISSIONER MANNA, I DO REPORT THE APPEAL.
COMMISSIONER BUNNIE? I DO NOT.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER IBANEZ? NO, I DO NOT.
COMMISSIONER CRUZ? COMMISSIONER GOMEZ? I DO NOT.
COMMISSIONER OZUNA? UH, NO, I DO NOT.
COMMISSIONER VASQUEZ? I DO NOT CHAIR ORIENT AND I DO NOT SUPPORT.
UH, DID COMMISSIONER CRUZ VOTE? YEAH, I DON'T THINK WE COULD HEAR YOU.
COMMISSIONER CRUZ, HE GIVES A THUMBS DOWN OR A THUMBS UP.
MOTION PANELS 11 TO ZERO, UM, FOR THE APPLICANT.
IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF AND YOU'LL BE ELIGIBLE TO REAPPLY IN 12 MONTHS FROM THEN.
DATE OF REVOCATION, ITEM FIVE.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER FIVE IS REQUESTED BY 1 45 EAST ARITA AVENUE, LLC AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HARD COLLECTION LOCATED AT 1 45 EAST ARITA AVENUE.
THE SUBJECT PROPERTY IS LOCATED AT 1 45 EAST ARITA AVENUE.
SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE AND MULTIFAMILY.
PLATFORMS THAT DIRECTLY REMIT STATE HOT, ALSO NOT DIRECTLY REMIT CITY HOT TO THE CITY'S FINANCE DEPARTMENT.
ALL STR OPERATOR ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEXAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS.
SEVEN NOTICES OF DELINQUENCY WERE MAILED BY AVENUE FROM SEPTEMBER, 2024 THROUGH MARCH 20, 25.
AND A FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON JULY 14TH, 2025.
NO PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON JULY 29TH, 2025.
THERE IS A TOTAL OF SEVEN UNITS ON THE BLOCK.
PHASE ZERO ACTIVE SCR TYPE TWO PERMITS ON THE BLOCK PHASE CURRENTLY.
AND THE PROPERTY HAS HAD AN INVESTIGATION OPEN BUT RECEIVED NO VIOLATION AND THE SUBJECT PROPERTY DOES NOT HAVE ANY ACTIVE LISTINGS AS OF TODAY.
THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION, AND THIS IS THE SUBJECT PROPERTY.
AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL AND THERE WERE A TOTAL OF 26 MOUNTAIN NOTICES.
ZERO IN FAVOR, ZERO IN OPPOSITION.
NO RESPONSE FROM MONTE VISTA HISTORICAL NEIGHBORHOOD ASSOCIATION AND FOR CITY WHITE GROUPS WERE NOTIFIED WITH NO RESPONSE.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND FINANCES.
ALSO HERE TO ANSWER ANY HOT ACCOUNT QUESTIONS.
BRAGMAN COMMISSIONER BRAGMAN, WHEN WAS THE INITIAL, UH, PERMIT ISSUED FOR THIS? THE INITIAL PERMIT WAS ISSUED ON AUGUST 27TH, 2024.
OKAY, SO I HAVE A QUESTION ABOUT THAT.
THERE WAS AN INVESTIGATION IN 2023.
THERE WAS NO PERMIT ATTACHED TO THIS PROPERTY, IT WAS JUST SOMEONE WAS CONCERNED THAT IT WAS BEING RENTED OUT? YEAH, I I BELIEVE IT WAS, UM, DUE TO NO PERMIT, BUT THEY SHORTLY APPLIED AFTER TO OBTAIN THAT PERMIT.
[01:15:01]
OKAY, THANK YOU.SO THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR STR.
UM, I KNOW I SUBMITTED A PRESENTATION, BUT I'M NOT SURE IF IT, IT'S SOMETHING THAT, UH, THAT GETS UP THERE.
BUT, UM, THANK Y'ALL FOR YOUR TIME.
UH, SO THERE'S BEEN A LOT OF, UH, DISCUSSION TODAY THAT I THINK RIGHTFULLY IS KIND OF ASKING IS THERE SOME PROCEDURAL OR PROCESS RELATED ISSUES GOING ON WITH HOW THINGS ARE MAILED OUT? AND I'M HOPING THAT I CAN BRING A LITTLE BIT OF CLARITY TO THAT.
UM, I, UH, WE RECEIVED, UH, NO EMAILS, UM, BASICALLY REGARDING THE 90 DAY NOTICE, WHICH IS PUT IN THE ORDINANCE FOR, UH, FOR GOOD REASON.
IT'S SUPPOSED TO ALLOW US A, A CHANCE TO, UH, TO EFFECTIVELY CORRECT ANY BEHAVIOR, UM, TO SUCH AS MISSING THE HOT TAX.
AND TO BE HONEST, THIS WAS MY FAULT.
UM, AND I THOUGHT THAT AIRBNB WAS REMITTING THIS ON OUR BEHALF.
AND SO, UH, WHICH THEY EVENTUALLY STARTED DOING, BUT THE NEW ORDINANCE GOT PASSED IN JULY, SHORTLY AFTER IS WHEN WE APPLIED.
AND I JUST THOUGHT THAT THAT WAS ONE OF THOSE THINGS THAT, UH, THAT IMMEDIATELY WENT INTO EFFECT.
BUT IT TURNED OUT TO GO INTO EFFECT IN FEBRUARY OF THIS YEAR, WHICH IS WHY YOU'RE SEEING A LOT OF FEBRUARY SHOW UP.
UM, IN FEBRUARY OF THIS YEAR, AIRBNB STARTED COLLECTING, UH, CITY TAXES ON BEHALF OF THE, UH, UH, OF THE HOSTS AND THEN REMITTING DIRECTLY TO THE CITY.
UM, AND THE COUNTY FOR, FOR WHATEVER REASON, UH, DOES NOT DO THAT.
SO I ACTUALLY DIDN'T KNOW THAT EITHER, BUT, UH, SO YOU STILL NEED A REPORT SO THAT YOU CAN PAY THE COUNTY TAX.
UM, AND, UH, I THINK THE BIG ISSUE HERE ON THIS PARTICULAR CASE, UH, IS THAT WHEN WE APPLIED, UH, FOR THE PERMIT, UH, THE, THE ACTUAL PROPERTY OWNED BY AN LLC, UM, AND SO, UH, YOU KNOW, THERE WAS A, AN ADDRESS FOR THE LLC, BUT WE HAD, WE HAD A DESIGNATED OPERATOR, WHICH WOULD BE MR. SHARP HERE.
UM, AND HE HAD AN EMAIL, UH, HIS OWN MAILING ADDRESS INPUT INTO THE SYSTEM, WHICH IS, UH, PER THE ORDINANCE, UH, WHERE NOTICE IS SUPPOSED TO GO, SHOULD THERE BE A VIOLATION, UH, AND A AND A REVOCATION PROCESS THAT WOULD RESULT IN AFTER 90 DAYS REVOCATION OF THE, OF THE PERMIT.
NO EMAIL, NO MAIL WAS SENT THERE.
UH, THIS HAS BEEN ADDRESSED DIRECTLY BY THE, UM, UM, WHEN WE, WHEN WE INQUIRED, I WAS TRYING TO FIGURE OUT WHAT WAS HAPPENING, UM, ABOUT, UH, ABOUT NOT GETTING NOTICE.
AND, UH, AND THE CITY, AND I HAVE IN MY PRESENTATION THERE, OH, I'M SORRY.
WELL, WE DO HAVE A PRESENTATION.
SORRY, CAN YOU CLICK FORWARD? SORRY, I HAVE PICTURES.
UM, SO THIS IS, UH, THE APPLICATION THERE AND YOU CAN SEE ALEX CRUZ THERE THAT I'M, THE, THE APPLICANT, UH, THE OWNER, UH, IS 1 4 5 EAST AGARITA, LLC.
IT'S THE ONLY PROPERTY THAT IT OWNS.
UH, AND THEN THE ADDRESS FOR THAT IS IN, IN AUSTIN.
SO MY ADDRESS IS 2311 HIGH LEDGE.
UH, AND THEN, WELL, IT WAS AT LEAST IT WAS NOT NOW.
SORRY, CAN YOU PUT IN THE NEXT SLIDE? UH, AND THEN THIS IS ALSO IN THE, IN THE DETAILS AVAILABLE ONLINE WHERE IT SHOWS THE DESIGNATED OPERATOR INFORMATION.
THIS IS ACTUALLY THE MOST IMPORTANT COMPONENT OF THIS BECAUSE IT HAS A MAILING ADDRESS.
UM, NOW THE, THE REASON WHY THAT'S IMPORTANT IS BECAUSE IN THE ORDINANCE, UH, LITERATURE THERE, IT SAYS, UH, THE, THE, THE PROPER REVOCATION, UH, PROCESS, THE OWNER OPERATORS IS MAILED OR NOTIFIED OF, UH, A VIOLATION.
AND I, WE JUST DIDN'T RECEIVE THIS AND MR. SHARP DIDN'T RECEIVE IT.
I'M GOING TO PAUSE REAL QUICK.
SO FOR STAFF, UH, WHERE DO Y'ALL NATIVELY SEND INFORMATION TO THE OWNER, THE APPLICANT, OR THE DESIGNATED OPERATOR, UH, FOR ANY, UM, FOR ANY INFORMATION REGARDING THE PERMITTING SIDE OF IT, UH, BILL TO SAY WE WILL EMAIL ANY CONTACT INFORMATION PROVIDED FOR THAT RECORD.
SO IF IT HAS A DIFFERENT OPERATOR, OWNER, APPLICANT, ALL EMAILS ARE SENT TO THOSE THREE CONTACTS IN EMAIL.
UM, FOR THE MAILING NOTICES, UH, WE ENTERED THE PROPERTY OWNER'S INFORMATION AS THE PROPERTY WAS ULTIMATELY RESPONSIBLE FOR HOT TAXES.
SO THAT'S THE INFORMATION WE PROVIDED TO AVENUE WAS THE OWNER, THE PERSONALLY IDENTIFIED AS THE OWNER'S CONTACT INFORMATION.
SO AND SO ALL THIS INFORMATION IS CAPTURED WITHIN THE, THE ACCESS SYSTEM.
AND SO IS THAT, IS THAT, IS THAT THE BOOK OF RECORD FOR THIS INFORMATION? OKAY, PLEASE CONTINUE.
SO, LISA, AS IT APPLIES TO THIS PARTICULAR CASE, I THINK THAT MIGHT BE AN ISSUE WITH THE MAILING THAT THEY ONLY MAIL IT TO.
UM, I FORGOT IF SHE SAID THE OWNER OR THE OPERATOR, WHOEVER, BUT SHE DOESN'T MAIL IT TO EVERYBODY.
UM, SO I NEVER GOT ANY OF THE MAIL NOTICES.
AND THE EMAIL NOTICE DOES NOT COME WITH, UH, 90 DAYS NOTICE.
THEY ONLY START THE EMAILS, I I BELIEVE 14 DAYS,
[01:20:01]
14 DAYS BEFORE THINGS ARE ACTUALLY DUE.UM, AND IF YOU FLIP TO I THINK THE SECOND TO LAST SLIDE, SLIDE IN OUR PRESENTATION, RIGHT? UH, NOPE.
THIS, THIS WAS THE EMAIL NOTICE THAT I RECEIVED.
UM, SO IF YOU, IF YOU LOOK AT THIS EMAIL NOTICE, UM, YOU CAN TELL THERE ARE FORMATTING ERRORS EVERYWHERE, UH, QUESTION MARKS.
IT JUST COMES THROUGH LOOKING LIKE, UH, KIND OF LIKE SOME GUY, UM, FROM INDIA OR SOMETHING LIKE THAT, SENT ME A NOTICE AND WAS TRYING TO SCAM ME.
UM, AND I GET EMAILS LIKE THAT ALL THE TIME, UH, AND I GET SCAM PHONE CALLS ALL THE TIME.
AND SO THAT IDEAS, IF THIS IS THE ONLY NOTICE THAT I RECEIVE, I GET IT 14 DAYS BEFORE THERE'S A PROBLEM.
AND THEN THE ONLY OTHER NOTICE THAT I RECEIVE IS JUST A, A DAY OF NOTIFICATION THAT, HEY, YOU DIDN'T PAY YOUR HOT TAXES, YOUR PERMITS REVOKED.
UM, AND THAT ONE ACTUALLY LOOKED LIKE A PROFESSIONAL COMMUNICATION.
THAT'S WHERE THE ISSUE END UP.
UH, AND I EMAILED IMMEDIATELY AND I SAID, HEY, LOOK, YOU KNOW, WASN'T AWARE THIS WAS AN ISSUE.
UH, CAN I HAVE ONE HOUR OR ONE DAY OR WHATEVER NOTICE TO, TO FIX THIS? UM, AND, AND I WASN'T GIVEN THAT SO THAT I, YOU KNOW, I WANTED TO MAKE THIS RIGHT AND I WANTED TO DO WHAT I NEEDED TO DO IN ORDER TO PAY, UH, THE PROPER AMOUNTS TO THE PROPER CHANNELS.
UM, BUT I JUST WASN'T NOTIFIED AND, AND ABLE TO DO THAT ON TIME.
AND I, I WOULD LIKE TO ADD TO THAT BECAUSE MR. SHARP, HE, AS SOON AS HE RECEIVED THIS EMAIL, HE, HE MESSAGED ME.
HE, HE MET, HE MAILED ME EVEN THOUGH I WAS, I WAS, UH, ADDED ON THERE, BUT HE MAILED ME AND SAID, IS THIS SOMETHING? AND I WILL BE HONEST WITH YOU, I LOOKED AT IT AND SAID, THIS LOOKS LIKE SOMEONE WENT ON PUBLIC RECORDS, FOUND, GOT OUR INFORMATION.
AND I MEAN, THERE'S LIKE THINGS THAT ARE MISSPELLED AND QUESTION MARKS EVERYWHERE.
I WAS LIKE, THIS CAN'T BE, THIS CAN'T BE LEGITIMATE BECAUSE IT ALSO SAYS THAT WE'VE BEEN NOTIFIED LIKE FOR 90 DAYS.
AND SO I WENT TO SEARCH THROUGH EMAILS, COULDN'T FIND ANYTHING, UH, THAT WAS EMAILED FOR, UH, TO US.
I DIDN'T KNOW THE MAILING ADDRESS WAS GOING TO 2311, BUT IF IT WAS GOING TO THE, THE DESIGNATED OPERATOR AS, UM, AS THE ORDINANCE SAYS IT SHOULD, UH, THEN HE WOULD'VE KNOWN ABOUT IT.
HE WOULD'VE GONE THROUGH THE SAME PROCEDURE WITH ME AND, AND TOLD ME, HEY, UH, IS THIS SOMETHING? AND I, OBVIOUSLY WE WOULD'VE, WE WOULD ADDRESS THIS.
THIS WASN'T SOMETHING THAT WE INTENTIONALLY ARE TRYING TO DO ANYTHING, UM, LIKE SKIRT TAXES, UH, OR ANYTHING OF THAT NATURE.
UM, AND, UH, AND AGAIN, I WANNA TAKE RESPONSIBILITY FOR THAT.
'CAUSE THAT WAS MY CALL ON LOOKING AT THIS, AND I WAS LIKE, I DON'T SEE IT.
UH, THIS, THIS LOOKS LIKE SOMETHING YOU DON'T WANT TO CLICK ON ANY, ANY LINKS DOWN.
SO FOR THE CITY, DO THEY, DOES YOUR RECORDS SHOW THAT THEY CURRENTLY OWE MONEY? YES.
THEY HAVE NOT REPORTED FOR 2023 AND 2024.
THE ENTIRE, THE, NO, WE HAVE, I HAVE IT RIGHT HERE.
UH, PLEASE GIVE THAT TO STAFF SO THEY CAN PROJECT IT.
AND HAS THIS ADDRESS RECEIVED ANY, UH, CO COMPLIANCE COMPLAINTS, UH, REGARDING THE OPERATION OF THE SDR? UH, THERE WAS ONE INVESTIGATION, UM, OPENED ON JULY, 2030 FIRST, 2023.
IT WAS KNOCKED AS NO VIOLATION AS THE PROPERTY HAD AN ACTIVE, UM, BED AND BREAKFAST PERMIT ON FILE PER THE CODE OFFICER.
BON SO WE SHIFTED AWAY FROM BED AND BREAKFAST BECAUSE COMMISSIONER BONS? YES, SIR.
FOR CITY, UM, THOSE SEVEN NOTICES WERE MAILED TO WHAT ADDRESS IT WAS MAILED TO 2311 HIGH ALLEGED STREET.
AND FOR THE APPLICANT WHO IS AT 2311 HIGH LEDGE STREET? THAT WAS, THAT WAS MY ADDRESS WHEN I, I, I HELPED APPLY FOR THE, THE PERMIT, BUT IT'S NOT, IT WAS BASICALLY, IT WAS KIND OF CONFUSING BECAUSE IT, IT'S AN LLC THAT OWNS IT, WHICH DOESN'T REALLY HAVE AN ADDRESS.
SO I PUT IT THE SAME AS APPLICANT.
AND THEN ON OPERATOR IS WHERE WE PUT THE MAILING ADDRESS FOR THE PERSON WHO, WHO'S, WHO LIVES AT 2311 HIGHLAND? NO, NONE OF US.
NOBODY EVER LIVED THERE? NO, I, YEAH, I HAD, UH, RESIDENCE THERE AT ONE POINT.
WHEN DID YOU LIVE THERE? UM, YEARS AGO.
SO MY PARENTS, WHEN YOU, OKAY, SO YOU'S LIKE A, WHEN YOU FILED THE APPLICATION WITH THE CITY, DID YOU LIVE THERE? NO, MY PARENTS, MY PARENTS DID.
SO YOUR PARENTS PROBABLY RECEIVED THESE NOTICES? N NO, THEY WOULD'VE TOLD ME THE MAILED NOTICES.
AND THE, YOU GUYS SAY YOU SENT SEVEN MAILED NOTICES THOUGH, TO THAT ADDRESS? WELL, I DON'T KNOW.
I MEAN, THEY, I ASKED 'EM FOR ANY, LIKE, DID YOU GET ANYTHING AFTER WE GOT ALL THIS? AND THEY DIDN'T SAY THEY DIDN'T GIMME ANYTHING, THEY SAID NO.
I MEAN, I, I MIGHT ADVISE THAT IF I'M OPERATING SOMETHING AND, AND I WANNA MAKE SURE I GET STUFF ON IT, I SEND IT TO WHERE I LIVE, NOT, YOU KNOW, LIKE, 'CAUSE 'CAUSE THIS IS IMPORTANT.
SO I, I WANT TO GET THIS STUFF JUST, JUST, JUST RECOMMENDING THAT.
SO HAVE YOU UPDATED, THANK YOU.
SO HAVE YOU, HOLD ON, HAVE YOU UPDATED YOUR ADDRESS? SO I DIDN'T WANT TO LOOK, MAKE IT LOOK LIKE I WAS TRYING TO
[01:25:01]
RETROACTIVELY CHANGE SOMETHING BEFORE I GOT UP HERE.I WANT TO GO IN THERE AND CHANGE.
THE, THE DESIGNATED OPERATOR ADDRESS HAS BEEN FINE ENTIRE TIME.
ANY OTHER COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, SO RIGHT HERE ON THE SHEET, SO, SO IS IT THAT EVERYTHING WAS BROUGHT THROUGH, BROUGHT UP TO DATE? LIKE, LIKE FOUR DAYS AGO? 'CAUSE BECAUSE THE DATES SHOW HERE, UH, FILED THAT FOR THE 19TH OR THE 18TH, I'M SORRY, 18TH, YEAH, SO WE WERE, WE WERE NOT, WE WERE NOTIFIED OF THE, UH, REVOCATION, UM, LAST MONTH.
AND THEN I'VE BEEN LOOKING INTO IT EVER SINCE TO PULL TOGETHER ALL THIS STUFF AND THIS WAS WHAT WE OWED.
AND SO I WENT AHEAD AND MADE SURE BEFORE WE GOT HERE TODAY TO, TO GET THAT DONE.
UH, EZ ONE MORE, ONE MORE QUESTION FOR THE CITY.
CAN I CONFIRM THAT YOU GUYS SAID THERE'S BEEN NO TAXES COLLECTED FROM WHAT, WHAT'S THAT TIMEFRAME AGAIN? THAT IS CORRECT.
FROM 2023, THEY WERE OPERATING WITHOUT A PERMIT AND IN 2024 THERE WERE NO TAXES PAID.
SO FOR BOTH, FOR BOTH YEARS, THEY GENERATED $98,000 IN REVENUE.
WHAT'S THAT ROUGH ESTIMATE AGAIN? $98,000.
THAT SOUNDS LIKE A LOT, RIGHT? THAT'S GONNA ROUGHLY BE THE TOTAL DUE, THE TOTAL 9% NOT INCLUDING PENALTIES AND INTEREST IS 8,820, AGAIN, NOT INCLUDING PENALTIES AND INTEREST.
DO YOU GUYS HAVE THAT TO BRING CURRENT? SO I, I'VE NEVER RECEIVED THAT NUMBER.
I'M HAPPY TO PAY WHATEVER I NEED TO PAY TODAY.
AND I WOULD ALSO, I JUST WANNA MAKE SURE IT'S CLEAR.
UM, THE, THIS IS WHAT WE WERE TOLD WE WERE SUPPOSED TO PAY WHEN WE GO INTO, UH, WHEN WE, WHEN WE SAW THE, WE HAD 'EM SEND US A COPY OF THE MAIL, A PIECE OF MAIL OR WHATEVER.
I SEE THAT YOU, YOU'VE MADE ALL THESE PAYMENTS, BUT WHAT DOES IT COME OUT TO? UH, IT WAS, SO WE'VE PAID SO SINCE THEN, BECAUSE SINCE AIRBNB STARTED COLLECTING ON OUR BEHALF, IT'S, I MEAN THIS REPRESENTS THAT PLUS THIS WAS, UH, SOMETHING IN THE, IN THE RANGE OF FIVE TO LIKE $8,000 OR SOMETHING LIKE THAT.
I DON'T REALLY KNOW HOW MUCH THEY GIVE TO THE CITY, TO BE HONEST, SO.
WELL, BUT ALL THESE PAYMENTS THAT WE'RE SEEING ON THE SCREEN RIGHT NOW IS ABOUT FIVE TO 8,000? NO, WELL, SO IF YOU LOOK THROUGH FEBRUARY UNTIL, UH, UNTIL UH, AUGUST, AND SO THAT'S WHEN AIRBNB IS PAYING THE CITY DIRECTLY.
AND SO THAT ONLY IS COUNTING AMOUNT.
AND SO THAT DOESN'T REFLECT ALL THE AMOUNT, ALL THE AMOUNTS THAT WERE, THAT WERE PAID, BUT YES.
AND SO IF YOU COUNT HOW MUCH WAS ALSO PAID TO THE CITY, BUT WE DON'T GET TO TRACK THAT, THEN IT SHOULD BE SOMEWHERE IN THE FIVE TO 80,000 BECAUSE WE, WE JUST HEARD FROM THE CITY THAT IT'S VASTLY MORE THAN THAT.
AND EVEN IF YOU DEDUCT FINES AND PENALTIES, IT'S STILL, WELL, THIS INCLUDES, UH, SO VASTLY MORE THAN, I DON'T REALLY UNDERSTAND WHERE THE CITY IS GETTING, LIKE, WE, HOW MUCH DID THEY SAY OF 8,000? I THINK THE GROSS CITY.
CAN WE GET A, A CONFIRMATION HERE ON WHAT THAT, THAT AMOUNT WAS FOR 23 AND 24 FOR THE APPLICANT.
SO IN 2023 HE GENERATED 47,250.
THE 9% ON THAT WAS 4,000 252 50.
AGAIN, NOT INCLUDING PENALTIES AND INTEREST.
2024 HE GENERATED 50759% IS 4,000 567 50, NOT INCLUDING PENALTIES AND INTEREST.
I HAVE ALSO WORKED WITH MR. CRUZ ON 14 OTHER PROPERTIES.
SEVEN OF THOSE PERMITS WERE, WERE REVOKED DUE TO DELINQUENT HOT TAXES.
HAVE ON THIS, ON THIS, UH, CONCERNING THIS PROPERTY RIGHT HERE, WHEN THEY WERE OPERATING AS A BED AND BREAKFAST, ARE THEY STILL PAYING HOT TAX? THEY SHOULD.
SO, BUT AS FAR AS AS, SO THAT'S WHAT I'M WONDERING IS LIKE THE AMOUNTS, 'CAUSE THEY GOT THEIR PERMIT IN WHAT, JULY OF 23.
SO FROM JANUARY TO JULY IT WAS BED, BED AND BREAKFAST HOT TAX.
THEY RECEIVED THEIR PERMIT AUGUST 20, 24.
SO BUT PRIOR TO AUGUST, 2024 WE'RE, WE'RE, WE'RE TALKING ABOUT BEN NON STR, BUT BEN AND BREAKFAST HOT TAX, I CAN'T CON IT'S THE SAME HOT.
YEAH, BUT AGAIN, THERE'S A B AND B PERMIT ISSUED FOR THE PROPERTY, BUT IT'S FROM THE PREVIOUS OWNER.
SO IF THEY CHOSE TO CONTINUE THAT OPERATION AS A, B, B AND B, THEY WOULD HAVE TO GET A DBA CHANGE.
AND THEN, AND THEN WHEN DID, UM, DOES AVENUE HANDLE B AIRBNB AS WELL? YES, THEY DO AVENUE HANDLES SHORT-TERM RENTALS.
DO THEY HANDLE BED AND BREAKFAST AS WELL? YES.
YEAH, IN FACT THEY COLLECT HOTELS.
AND WHEN DID Y'ALL COME IN? SO WE HEARD THIS WAS A BED AND BREAKFAST PRIOR TO YOU GETTING YOUR STR UH, SPLIT 23.
YEAH, SO, SO 2023 SOUNDS ABOUT RIGHT.
UH, WHEN I PURCHASED IT, IT WAS ORIGINALLY BEING OPERATED AS A BED AND BREAKFAST.
AND JUST ANECDOTALLY, UM, I KNOW THE NEIGHBORHOOD HAS BEEN PLEASED THAT WE SWITCHED IT OVER FROM THAT WHERE THERE WERE INDIVIDUAL ROOMS BEING RENTED OUT AND LOTS OF CAR TRAFFIC
[01:30:01]
BECAUSE OF, UM, PEOPLE COMING OUT AND IN AND OUT OF THOSE INDIVIDUAL ROOMS TO NOW HAVING IT UNDER AN AIRBNB WHERE WE ONLY ALLOW GROUP BOOKINGS.SO, YOU KNOW, THAT REDUCES THE NUMBER OF CARS AND PEOPLE COMING IN AND OUT AT ALL HOURS AND THAT SORT OF THING.
SO IT'S BEEN AN IMPROVEMENT TO THE COMMUNITY.
IT'S GOT HOT TAX FROM A B AND V MANANA.
SO IN THE PRIOR CASE, UM, Y'ALL SHOWED A WONDERFUL REPORT THAT SHOWED, UH, THE RADIO BUTTON BEING CLICKED AND THE TAXES BEING PAID OR THE TAXES BEING SUBMITTED.
SO, SO WERE THE TAXES ALSO NOT BEING PAID TO BEXAR COUNTY? YOU KNOW, WERE THOSE ALSO ZEROED IN THIS CASE? SO IT'D BE ZERO FOR BOTH SIDES? CORRECT.
HE DIDN'T REPORT AT ALL FOR BOTH CITY AND COUNTY.
BRAD, COMMISSIONER BRAGMAN, UH, DID THEY, UM, REPORT, I MEAN, DID THEY SEND IN A REPORT? I MEAN, NOT JUST PAY, BUT DID THEY FILE A REPORT? NO, NO REPORTS, NO PAYMENT, NO REPORTS.
SO WE THOUGHT, SO THAT'S WHERE THIS CAME IN OF YOU SPEAKING TO THE MICROPHONE.
UH, WE THOUGHT THIS WAS BEING, WE, UH, BECAUSE OF WHEN THE ORDINANCE WAS, UM, WAS CHANGED, UH, IT WAS A BIG HEADLINE THAT AIRBNB NOW PAYS THE TAXES.
AND THAT WAS AGAIN, MY MISTAKE FOR THINKING THAT.
BUT UM, AS SOON AS WE WERE NOTICED OF THIS, UM, I IMMEDIATELY LOOKED INTO IT AND THIS WAS CORRECTED.
SO, UM, SO I DID, I HEAR THE STAFF RIGHT, THAT THEY HAVE 14 OTHER LOCATIONS AND THEY HAD SEVEN DELINQUENCIES, SEVEN OF THE PROPERTIES HAD DELINQUENCIES.
SO SEVEN PERMITS WERE REVOKED OF THE 14.
SO TO CLARIFY ON THAT, I ONLY OWN ONE AIRBNB PROPERTY.
IT'S THIS ONE AND, UH, THAT, THAT'S IT.
THAT'S THE ONLY AIRBNB I HAVE.
SO THE OTHER, THE OTHER ONES FOR STAFF, THE OTHER ONES ARE ASSOCIATED WITH, WITH WHAT? WITH WHO? UH, ALEX CRUZ.
I WORKED WITH MR. CRUZ ON ALL THE OTHER 14 PROPERTIES.
SO WE HAD A A SO I WAS HELPING ANOTHER OWNER WHO HAD MULTIPLE PROPERTIES AND TRYING TO HELP HIM, UM, RECTIFY HIS SITUATION.
I DON'T THINK HE, I DON'T WORK WITH HIM ANYMORE.
I DON'T THINK HE EVER GOT IT RESOLVED, BUT THOSE WEREN'T MY PROPERTIES OR, UH, CERTAINLY NOT MR. SHARPS.
HE SHOULDN'T, HE SHOULDN'T BE.
SO IS IS ALEX CRUZ ASSOCIATED WITH THIS PARTICULAR PROPERTY IN ANY WAY? I WAS THE APPLICANT.
UM, AND THAT WAS GIVEN PERMISSION TO APPLY ON BEHALF, BUT YOU'RE NOT THE OWNER? I'M NOT THE OWNER.
BUT YOUR NAME IS LISTED AS ASSOCIATED WITH OTHER PROPERTIES, BUT NOT AS THE OWNER.
I THINK THAT'S WHERE THEY'RE POOLING THAT FROM.
IS MY NAME'S ASSOCIATED WITH OTHER, NOT ONES THAT I OWN, BUT NO FINANCIAL ELECTRICITY? YEAH, NO FINANCIAL INTEREST.
YOU WEREN'T AN OWNER OF THE OTHER 14? NO.
'CAUSE THAT'S, THAT'S STEVEN COMMISSIONER.
UH, WERE YOU AN OPERATOR? UH, YES.
ON, UH, WELL NOT ON THE SEVEN THAT SHE, UH, THAT'S BEING SPOKEN TO THERE.
I, LIKE, I HAVE MY OWN RENTAL AND SO I'M AN OPERATOR ON THAT ONE.
MY MOM HAS ONE, SO I HELP HIM OPERATE ON THAT ONE.
UM, I DON'T THINK I'M LISTED ON OPERATOR, UH, ON ANY OTHER ONES THAT ARE ACTIVE ANYMORE.
SO FOR STAFF, UH, FOR THE OTHER PROPERTIES THAT HE SAYS HE'S ASSOCIATED WITH, WHAT'S THE STATUS OF THOSE? SO AGAIN, SEVEN OF THOSE PERMITS WERE REVOKED.
HE'S THE MANAGEMENT COMPANY FOR THE OTHER PROPERTIES.
SO ON ALL THOSE, HE MANAGES THEM AND THE TAXES WERE NOT REPORTED OR PAID, SO WE REVOKED THE PERMITS.
AND THE OTHER SEVEN THAT HE'S ASSOCIATED WITH, THOSE ARE CURRENT? NO, THE PERMITS WERE REVOKED.
SO ON THE OTHER SEVEN WHERE THE PERMITS WERE REVOKED, THOSE WENT TO ANOTHER, THE OWNER ON THOSE, HE DID NOT FULFILL THE PAYMENT PLAN THAT WE ESTABLISHED FOR THEM.
COMMISSIONER STEVENS? OH, I, I'M JUST HOPING THAT THE APPLICANT CAN POINT TO WHAT YOUR SPECIFIC HARDSHIP IS.
I MEAN, WE TALK A LOT ABOUT THIS, THIS SOFTWARE BEING SOMEWHAT CLUNKY, BUT IT'S NOT THE CITY'S OBLIGATION TO HOLD YOUR HAND WITH YOUR BUSINESS ENDEAVORS AND THOUSANDS OF PEOPLE FIGURE THIS OUT.
SO THAT'S, THAT DOESN'T HOLD WATER FOR ME PERSONALLY.
UM, I, I THINK THE SPECIFIC HARDSHIP IS JUST, UH, IN THE CITY CODE.
IT REQUIRES YOU TO GIVE 90 DAYS NOTICE TO THE OWNER OPERATOR.
AND, UM, I HAD ONLY RECEIVED NOTICE 14 DAYS IN ADVANCE OF, UH, THE PERMIT BEING REVOKED.
SO PER THE CITY CODE, UM, IT, IT JUST WASN'T FOLLOWED TO THE LETTER.
UH, AS FAR AS A, A HARDSHIP IS CONCERNED, UM, YOU KNOW, I, I, UH, I I WOULDN'T SAY THAT THERE'S ANYTHING SPECIFIC AS FAR AS LIKE A FINANCIAL HARDSHIP OR ANYTHING LIKE THAT.
UM, I'M NOT INTENDING THAT, UH, IT, YOU KNOW, ALL I'M SAYING IS I'M COMING TO THIS WITH AN INTENTION OF, HEY, UH, I GOT THIS KIND OF LIKE SCAM LOOKING LIKE EMAIL 14 DAYS BEFORE, AND THEN I IMMEDIATELY GOT SHUT OFF.
THAT WAS THE ONLY NOTIFICATION THAT I WAS GIVEN.
[01:35:01]
I HAVE THE INTENTION OF PAYING AND WANT TO PAY IMMEDIATELY.IF YOU GAVE ME A PAY NOW BUTTON, YOU KNOW, I CLICK IT AND I'M READY TO DO IT.
UM, AND I JUST WANT TO CONTINUE OPERATING THE AIRBNB.
SO, UH, I THINK COMING TO THIS MEETING, I WAS VERY ENCOURAGED TO HEAR SOME OF THE QUESTIONS THAT, UH, BOARD MEMBER, MEMBER MANNA AND BOARD MEMBER, UH, DR.
UM, YOU KNOW, THE PROCESS HERE.
AND WHAT I WOULD SAY IS I WOULD ENCOURAGE, UH, MORE EMAIL NOTIFICATIONS.
I THINK THOSE ARE ONES THAT, UH, IT SEEMS LIKE HAVE A HIGHER RESPONSE RATE.
UM, YOU KNOW, IT SOUNDS LIKE FROM SOME OF THE OTHER FOLKS THAT SOME OF THESE MAIL NOTIFICATIONS ARE PEOPLE ARE CHANGING ADDRESSES OR THEY'RE NOT GETTING THEM FOR WHATEVER REASON.
AND IT, IT ALSO LOOKS LIKE FROM THE APPLICANT, UH, PORTAL THAT YOU GUYS HAVE HERE, YOU'RE COLLECTING PHONE NUMBERS OF INDIVIDUALS.
SO ANOTHER THING THAT I'VE SEEN SUCCESSFUL IS TEXT MESSAGES.
UM, JUST SOMETHING TO TO THINK ABOUT AS, UH, YOU'RE THINKING ABOUT NOTIFICATIONS FOR THESE.
'CAUSE WHAT YOU HAVE IN MY INSTANCE IS SOMEBODY THAT, UH, HAS THE ABILITY TO PAY THESE TAXES, WANTS TO PAY THEM, UM, AND STILL DID NOT PAY THEM ACCORDING TO THE, UH, YOU KNOW, WHAT I WAS SUPPOSED TO.
UM, AND THAT, UH, THAT REALLY SHOULDN'T HAPPEN FROM THE SYSTEM, RIGHT? UM, IF, IF, IF YOU HAVE SOMEBODY THAT'S WILLING TO PAY AND WANTS TO PAY, UH, YOU WOULD IMAGINE THAT THOSE PEOPLE, UH, SHOULDN'T BE COMING TO HEARINGS AND, YOU KNOW, TALKING TO YOU GUYS ABOUT, UH, ADMINISTRATIVE DECISIONS BECAUSE THEY SHOULD JUST BE ABLE TO PAY, UM, BY THE PROCEDURES.
SO, UM, IT DID, IT DID LOOK LIKE THERE WERE SOME, SOME, UH, YOU KNOW, THAT AUGUST TO FEBRUARY PERIOD WHERE MAYBE SOME PEOPLE ARE GETTING MIXED UP.
UH, AND I, I CAN'T, I CAN'T SAY EXACTLY HOW TO RESOLVE SOME OF THOSE THINGS.
I THINK ALEX WAS SAYING SOME, SOME WAYS FOR WHY THAT HAPPENED, BUT, UH, IN ANY EVENT, UM, I'M HOPING THAT SOME OF THOSE CAN GET RESOLVED COMING OUTTA THIS MEETING.
UM, FOR CLARIFICATION, I DO WANNA SAY WHEN THE PERMIT WAS ISSUED IN AUGUST OF 2024, EMAILS WERE SENT TO BOTH THE OPERATOR OWNER AND APPLICANT ON FILE FOR THEIR TAX PARITY AND ALSO IDENTIFYING THAT THEY WERE RESPONSE PERMIT, HOT TAXES ONLY MONTHLY BASIS AND AIRBNB AND SHORT TERM, UH, AND AIRBNB'S AND OTHERS WERE NOT COLLECTING HOT TAXES FOR THEM.
ALRIGHT, HANNAH, COMMISSIONER MANANA, BERGMAN, JUST A QUICK ONE.
SO, UM, REGARDLESS OF WHO PAYS THE TAXES, WHEN YOU APPLIED FOR THE PERMITS AS PER THE STAFF, WERE YOU NOT AWARE THAT YOU HAD TO REPORT EVEN IF IT WAS ZERO INCOME, THAT YOU STILL HAD TO FILE A, A REPORT? SO, UM, THAT I, I DIDN'T HAVE A, AN UNDERSTANDING OF THAT.
MY UNDERSTANDING WAS THAT ALEX WAS GOING TO, UM, REPORT THAT AND I'M, AND HE, THAT'S WHERE SPEAK TO HIS UNDERSTANDING THAT'S YEAH, THAT'S WHERE I WAS CONFUSED, UH, BECAUSE I HAD SEEN THE, UM, THAT THE NEW ORDINANCE HAD PASSED AND THAT NOW WE DIDN'T HAVE TO WORRY ABOUT THIS ANYMORE.
AND, UM, AND THAT WAS FOOLISH TO, TO MAYBE NOT LOOK INTO WHEN THAT ACTUALLY, I FIGURED IT GOOD.
IT WAS IN EFFECT IMMEDIATELY WHENEVER SOMETHING GETS PASSED LIKE THAT, I GUESS NOT TOOK A FEW MONTHS, BUT, UM, UH, BUT MY UNDERSTANDING WAS AIRBNB NOW PAYS THIS ON YOUR BEHALF, UH, TO DIRECTLY TO THE CITY, WHICH THEY DO NOW, ONLY TO THE CITY, BUT NOT TO THE COUNTY.
YEAH, WELL, THEY, THEY PAY IT, BUT YOU STILL HAVE TO DO THE REPORTING.
WHICH I DIDN'T, I DIDN'T KNOW THAT AT THE TIME.
UM, AND OBVIOUSLY AS SOON AS I FOUND OUT, UH, THAT THAT WAS THE CASE, WHICH IS WHERE WE'RE AT NOW, BECAUSE THIS ISN'T A, UH, AN INSTANCE OF ME TRYING TO NOT DO SOMETHING.
UM, IT'S, IT WAS A MISUNDERSTANDING.
AND I, AND IF I WERE, IF WE WERE NOTICED, I THINK ON IT IN A WAY THAT, UM, THAT THE OWNER OPERATOR WOULD'VE BEEN ABLE TO, TO SEE IT, UH, I'VE, I'M VERY CONFIDENT THIS WOULD'VE HAPPENED.
AND I REALLY DO THINK THAT, I MEAN, WE, WE TRY TO DO EVERYTHING THE RIGHT WAY.
WE, UM, YOU KNOW, WE WORK WITH OUR NEIGHBORS ON MAKING SURE THEY TELL US IF THERE'S ANY ISSUES AT ALL, UH, WITH THE, WITH THE THING.
THIS IS A HISTORIC HOUSE, UH, THAT MARY BONNER, WHO, IF ANY OF YOU ARE ART ENTHUSIASTS, IS ONE OF THE FIRST, UM, UH, UH, FEMALE KIND OF INTERNATIONAL SUPERSTARS THAT COME OUT OF SAN ANTONIO.
SHE, UH, UH, SHE'S A, A WELL RENOWNED ARTIST.
UM, AND WE, WE CELEBRATE THAT WITH THIS PROPERTY BY LETTING PEOPLE STAY IN THIS PLACE THAT WAS ALSO DESIGNED BY THE SAME INDIVIDUAL WHO ARCHITECTED THE, THE WHITTY MUSEUM.
AND, UH, AND WE ADVERTISE IT AS THIS IS A CHANCE TO EXPERIENCE SOME SAN ANTONIO CULTURE.
WE PUT MARY BONNER PAINTINGS EVERYWHERE AND THINGS LIKE THAT.
UM, WE TRIED TO REALLY CELEBRATE, I'M FROM SAN ANTONIO, SO WE TRY TO CELEBRATE SAN ANTONIO'S HERITAGE HERE.
AND, AND IN DOING THAT, WE DON'T TRY TO DO THINGS THE WRONG WAY BECAUSE THAT WOULD OBVIOUSLY HAVE THE OPPOSITE EFFECT OF WHAT WE'RE TRYING TO GO FOR.
LIKE SHOWING PEOPLE HOW THIS SHOULD WORK.
SO I'LL JUST ADD, I'LL JUST ADD TO THAT, THAT, UM, PART OF THE
[01:40:01]
REASON FOR SWITCHING FROM KIND OF LIKE A BED AND BREAKFAST TO MORE OF AN AIRBNB TYPE SITUATION WAS ALSO TO TRY TO REDUCE THE WEAR AND TEAR ON THE PROPERTY AND RIGHT.THAT, THAT WAS, THAT WAS KIND OF MENTIONED.
JUST A FOLLOW UP, UM, TO MR. CRUZ.
UM, ARE YOU A PROPERTY MANAGER? I MANAGE, UM, YES.
SO YOU'RE LICENSED? UH, NO, NO, I'M NOT A PROFESSIONAL, UH, PROPERTY MANAGER.
YOU'RE REQUIRED TO BE LICENSED TO, OH, NO, I DON'T RENT LONG-TERM, UH, LEASES OR TO MANAGE PROPERTIES.
YOU'RE REQUIRED TO HAVE A LICENSE, UH, TO, UH, TO BE, I BELIEVE IT'S A LONG-TERM, UM, UH, RENTAL AGENT OR WHATEVER, YOU NEED TO HAVE A REAL ESTATE LICENSE, I BELIEVE.
UH, BUT THAT, UH, DOESN'T APPLY TO, UH, HELPING WITH SHORT TERM RENTALS IS WHAT I UNDERSTAND FROM THE, UH, TEXT AS ALL.
'CAUSE I DID LOOK INTO THIS AND I'VE ASKED ABOUT IT TO MAKE SURE THAT I DIDN'T NEED A LICENSE, BUT, UH, THAT'S WHAT I UNDERSTAND, MA'AM.
I'M, I COULD CERTAINLY LOOK INTO THAT MORE ON THAT.
I WOULD DOUBLE CHECK WITH TREK.
I, I CHECKED, THAT'S WHERE I, UH, I, I LOOKED INTO IT WHENEVER I WAS STARTING TO DO THIS SORT OF THING, AND MY UNDERSTANDING IS THIS IS NOT, THIS IS NOT A, UH, A SITUATION WHERE YOU NEED A, A, A REAL ESTATE LICENSE TO, UM, UH, TO MANAGE.
AND SO THAT'S, I'LL LOOK INTO IT MORE THEN BECAUSE THAT'S OBVIOUSLY CONCERNING IF IT'S SOMETHING THAT I, UM, I'M DOING ILLEGALLY, BUT, UH, AS FAR AS I UNDERSTOOD.
THANK YOU MR. I GOT ONE QUESTION, UH, FOR THE, OKAY.
COMMISSIONER BEESE FOR THE APPLICANT.
SO AT THE TIME WHEN YOU THOUGHT AIRBNB WAS TAKING OVER CITY AND COUNTY PAYMENTS, UH, YOU FIGURED THEY WERE JUST TAKING 'EM OUT AND DOING THAT, THAT WAS IN EARLY 24, IS THAT RIGHT? UH, MID, MID 2024.
BEFORE THAT HAPPENED, HOW WOULD YOU PAY YOUR CITY AND COUNTY THOUGH? WELL, SO IT WAS BASICALLY, I DON'T DEAL WITH ALL MY PROPERTIES OF THE PROPERTY, ANY PROPERTY THAT I MANAGE THAT'S ONLY LIKE THE OWNER SORT OF DOES IT.
UM, BUT UH, YOU WOULD GO ONTO, IT WAS A DIFFERENT SITE THAN THIS, I CAN'T REMEMBER WHAT IT WAS.
UH, BUT YOU GO INTO THAT AND THEN YOU INPUT THE, UH, TOTAL REVENUE EARNED AND THEN IT JUST TELLS YOU HOW MUCH, AND THEN YOU WOULD CLICK PAY AND THEN YOU PAY IT.
SO BEFORE YOU KNEW THAT, THAT, I GUESS, VRBO AND AIRBNB WERE DOING IT THEMSELVES PRIOR TO THAT, THE OWNER WHO WAS EVER, I GUESS OPERATING IT WOULD GO AND TAKE CARE OF THE, THE CITY AND THE COUNTY TAXES, NOT YOU, RIGHT? IS THAT RIGHT? THAT, THAT'S CORRECT.
SO THAT WOULD'VE BEEN THE RESPONSIBILITY OF YOU, MR. SHARP? UM, THAT WOULD SOUND CORRECT, YEAH.
AND DID, DID YOU KNOW THAT OR YOU DID NOT KNOW THAT? I, I DID NOT KNOW THAT.
SO I PREVIOUSLY OPERATED AN AIRBNB IN AUSTIN, AND THE WAY THAT IT WORKED IN AUSTIN WAS THAT AIRBNB WOULD AUTOMATICALLY COLLECT ANY HOT TAXES, PROPERTY TAXES, AND REMIT THEM TO THE CITY.
UM, MY UNDERSTANDING IS THAT THAT WAS HAPPENING, UH, HERE AS WELL.
I'M, YEAH, IF, IF THERE ARE ANY DELINQUENT, UH, TAXES AS A RESULT OF THAT, THEN THAT WOULD BE MY ISSUE WITH NOT KNOWING HOW TO OPERATE THINGS IN SAN ANTONIO.
AND PART OF THE REASON THAT I CONTACTED AND BROUGHT ON A PROPERTY MANAGER FROM SAN ANTONIO WAS BECAUSE I WASN'T AWARE OF ALL THE INDIVIDUAL, UM, REGULATIONS AND HOW TO DO THINGS AND, UH, DIFFERENT PERMITS AND EVERYTHING ELSE THAT YOU GUYS HAVE GOING ON HERE.
UM, AND I WANTED TO DO IT CORRECTLY.
AND SO THAT WAS, SO THAT WAS, SO THEN, SO THEN YOU'RE, YOU WERE HOPING, OR OR RELYING ON THE HELP OF MR. CRUZ CRUZ HERE FOR THAT ADVICE? THAT WAS, YEAH, THAT WAS RIGHT.
AND THEN, YOU KNOW, MR. CRUZ, YOU KNOW, BEFORE IT TRANSFERRED OVER, YOU SAID, YOU KNOW, YOU WOULD GO TO THIS SITE, YOU'D DO IT THIS WAY, BEFORE YOU, YOU KNEW AIRBNB WAS DOING IT.
DID YOU RELAY THAT OVER TO MR. SHARP, LIKE, HEY MAN, MAKE SURE YOU DO THIS, YOU GOTTA GO HERE, YOU GOTTA DO THIS, YOU GOTTA, WELL, NO, WE, WE WERE TAKING CARE OF, UH, I FOR THIS PARTICULAR HOUSE, UM, I, YOU KNOW, I APPLIED, I HOPE I APPLIED FOR THE PERMIT.
AND SO I FIGURED I HAD SOME RESPONSIBILITY THERE, AND SO I WAS TAKING CARE OF IT.
HE'S ONE OF THE ONLY ONES WHO, UM, WHO I'VE EVER WORKED WITH THAT ACTUALLY DOESN'T LIVE IN SAN ANTONIO.
SO IT WAS JUST ONE OF THOSE THINGS THAT WE DID.
AND I WANNA MAKE SURE IT'S CLEAR THE, THE NOTICES THAT, UH, THAT WERE MAILED AND EVERYTHING ELSE REPRESENT THE MONEY THAT WE, WHAT WE'VE PAID.
SO, UM, WE HAVEN'T, I, I HAVE TO LOOK, I GUESS, AT WHAT WE'RE TALKING ABOUT ON OWING OUTSIDE OF THAT, BUT THAT'S WHAT THE REVOCATION WAS BASED ON.
ANY OF THE MONEY THAT, UH, WAS BROUGHT UP EARLIER, UM, FROM I GUESS 2023 OR 2024, I'VE RECEIVED NO NOTICE OF THAT.
UH, THIS IS, YEAH, THAT'S WITHIN THIS MEETING.
THAT IS THE FIRST TIME THAT I'VE HEARD OF ANY OF THAT.
SO, UM, QUESTION FOR CITY STAFF.
AND SO DO WE HAVE, SO, SO THANK YOU FOR SHOWING ME THE LIST EARLIER WITH REGARDS TO ACCESS SYSTEM THAT SHOWS THE NAMES OF THE CONTACTS AND WHERE THEY'RE IDENTIFIED.
[01:45:01]
SCHEDULE THAT SHOWS WHAT THE COMMUNICATION IS, WE'LL SAY T MINUS 14 DAYS OR, OR WHATEVER IT IS, AND WHO IS NOTIFIED IN THAT LIST OR HOW WE GO THROUGH THAT NOTIFICATION? DO WE, DO WE HAVE KIND OF LIKE A, YOU KNOW, A WORK PLAN FOR THAT THAT COULD BE SHARED OR MAYBE SUBSEQUENTLY IN, IN ANOTHER DIALOGUE? SO THAT WAY WE HAVE A REALLY GOOD UNDERSTANDING OF THAT WORKFLOW AND I, I THINK THAT WOULD BE BENEFICIAL FOR ME.YOU KNOW, 'CAUSE, 'CAUSE NAMES OR, OR YOU KNOW, UM, DIFFERENT ACCOUNTS ARE BEING CALLED OUT FOR THINGS BEING SENT TO, AND I'M JUST TRYING TO MAKE SURE IN MY HEAD WHICH ONES THERE ARE BEING SENT TO AND, AND THE TIMINGS OF THOSE.
AND SO I JUST WANNA BE CONSISTENT.
'CAUSE THE APPLICANT HERE SAID THAT THERE WAS A 14 DAY REVOCATION NOTICE THAT WAS MAILED BASICALLY THE SAME TIME THAT WAS BEING REVOCATED.
AND SO, SO TRYING TO UNDERSTAND, I'M SURE THERE WAS A NOTICE BEFORE THEN WHO IS IT SENT TO, ET CETERA, ET CETERA, ET CETERA.
SO JUST TRYING TO WORK BACKWARDS.
WHAT WHAT WE CAN DO FOR THE BOARD AND WE'LL, WE'LL NEED TO GET IT TO YOU MOVING FORWARD, WE'LL BE ABLE TO DO IT TODAY, IS WE CAN PUT TOGETHER A KIND OF GENERIC TIMELINE OF WHAT HAS TO HAPPEN BEFORE AN ITEM ENDS UP BEFORE YOU.
WHAT I WILL SAY IS THAT ON A MONTHLY BASIS, WE RECEIVE A REPORT FROM AVENUE THAT SAYS, HEY, THESE ARE PROPERTIES THAT ARE AT LEAST 90 DAYS DELINQUENT BEFORE MY STAFF REACH OUT TO THOSE PERMIT HOLDERS.
WE GO BACK AND VERIFY, DO I SEE AT LEAST 90 DAYS WORTH OF NOTICES? UH, WE ALSO CHECK TO SEE IF DUPLICATE HOT ACCOUNTS HAVE BEEN CREATED.
SOMETIMES THERE IS CONFUSION, PEOPLE CREATE A DUPLICATE, THEY'RE DELINQUENT ON THIS ONE, BUT THEY'RE LEGITIMATELY PAYING ON THAT.
AND WE WORK WITH AVENUE TO, TO SOLVE THOSE ISSUES.
SO IN A GIVEN MONTH, WE USUALLY CAN ELIMINATE BETWEEN 35 AND 45% OF THE ITEMS THAT AVENUE JUST SENDS US BASED ON THEIR REPORT.
SO THERE IS AN EXTENSIVE AMOUNT OF WORK THAT GOES INTO IT BEFORE WE MAIL THAT NOTICE THAT SAYS, HEY, EMAIL THAT NOTICE THAT SAYS, HEY, TWO FINAL WEEKS WE MEAN IT.
AND THEN, UM, YOU KNOW, SO WE, SO WE HAVE A TEAM HERE THAT ARE ADDRESSING THIS ISSUE.
DOES THE COUNTY, 'CAUSE I HEARD A SECOND AGO, THE COUNTY, YOU KNOW, BASICALLY MAY NOT HAVE BEEN PAID ON THIS PARTICULAR COUNT.
UM, AND SO DO THEY HAVE A SIMILAR TEAM ADDRESSING THESE KIND OF THINGS? YOU KNOW, YOU ALL AND US ALL, YOU KNOW, HOW DO THOSE GET ADDRESSED? YOU KNOW, I'M JUST TRYING TO THINK, YOU KNOW, SO THE COUNTY DOES NOT SEND REMINDERS WE COLLECT ON THEIR BEHALF VIA AN INTERLOCAL AGREEMENT.
SO, SO, SO YOU ARE WORKING ON BEHALF OF THE COUNTY FOR AND, AND MS. LIGHT AS WELL.
AND ON THE MONTHLY NOTICES WE WOULD SEND THEM TO LEWIS SHARP EV ON THE 15TH OF EACH MONTH.
HE DID RECEIVE A MONTHLY REMINDER THAT TAXES HAD NOT BEEN PAID FOR THE MONTH.
WHAT ADDRESS DID HE SEND THOSE TO? RESERVATIONS@WELCOMEHOMECLUB.COM.
AND, UH, THAT IS THE EMAIL ADDRESS THAT WAS USED WHEN YOU OBTAINED THE PERMIT.
SO I EMAILS, YEAH, SO WHAT HAPPENS IS, I, I REMEMBER FROM THE, I SAW THAT EMAIL ON THERE SO THAT, YOU KNOW, IT'S VERY IMPORTANT TO CHECK YOUR CONTACTS AND GET THOSE UPDATED.
THAT DOESN'T SOUND LIKE NO, I, I CAN GUARANTEE YOU THAT THEY WERE NOT SENT, EMAILS WERE NOT SENT.
AND IN FACT, AVENUE EX EXPRESSLY SAID THAT ALL THEY DID WAS SEND, THEY MAILED THEM AND THAT'S WHY WE DIDN'T HAVE EMAILS.
AND THAT WAS EXPRESSLY STATED.
SO, UM, I LOOKED FOR THE EMAILS.
THAT'S WHAT, THAT'S THE FIRST THING I DID WHEN I GOT THE, I DON'T KNOW IF ANY OTHER COMMISSIONERS HAVE QUESTIONS.
I'VE, I'VE HEARD ALL, ALL I NEED TO HEAR.
IS THERE ANY OTHER QUESTIONS? I PRESUME THE CITY HAS RECEIPTS FOR THOSE EMAILS SENT IF YOU'RE GUARANTEEING THAT THEY DIDN'T I CAN, I MEAN I CAN, YEP.
BUT IF I WAS RECEIVING THOSE EMAILS THEN THERE'S NO EXCUSE.
I I WOULD TOTALLY, I WOULD SAY THAT THIS WE COULD SAVED, COULD SAVED SOME MONEY HERE.
UM, BUT WE DID NOT RECEIVE THOSE EMAILS AND THEY'VE EVEN ADMITTED AS MUCH IN THE EMAILS THAT FOLLOWED UP.
I DON'T REALLY UNDERSTAND WHERE, WHERE THAT CONFUSION WAS.
WELL, THE EMAILS WERE SENT TO THREE EMAIL ADDRESSES.
WE SEE PROOF THAT ONE OF THEM AT LEAST WENT THROUGH WITH ALL THE QUESTION MARKS.
SO SOMEBODY'S GETTING SOMETHING THAT, THAT'S RIGHT.
SO THE 14 DAY NOTICE, I DID GET THAT EMAIL.
UM, AND UH, SO THAT WAS THE EMAIL THAT WE DID RECEIVED.
YOU THOUGHT YOU THOUGHT IT WAS SPAM? THAT'S RIGHT.
IS THERE ANY OTHER QUESTIONS? AND AGAIN, THAT WAS THE ONLY NOTIFICATION THAT I RECEIVED.
ALL RIGHT, SO WHAT WE'RE GONNA DO IS, SINCE THERE'S NO VOICEMAILS OR ANYONE SIGNED TO SPEAK ON THIS ONE, WE'RE GONNA GO TO A MOTION, WE'LL SEE HOW THIS TURNS OUT.
WHO WOULD LIKE TO MAKE A MOTION ON THIS BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO OA DASH 25 DASH 1 0 3 0 0 1 61.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 1 4 5 EAST AGITA AVENUE, APPLICANT BEING 1 4 5 EAST ARITA AVENUE, LLC, BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH HUNDRED
[01:50:01]
ONE 10 D WHEN REVOKING THE SHORT TERM RENTAL PERMIT.UM, I, I, I'M JUST AFRAID I'M NOT GONNA BE ABLE TO SUPPORT THIS MOTION BECAUSE I THINK THAT THERE WERE A LOT OF OPPORTUNITIES GIVEN, UM, THE, THE, NOT JUST THE APPLICANT, BUT THE APPLICANT'S ASSISTANT, UM, IN WORKING WITH SHORT-TERM RENTALS, BOTH PERSONALLY AND FAMILY RELATED.
UM, AND THAT THE, THE CITY IS VERY CLEAR WHEN YOU SIGN UP, WHEN YOU REQUEST A PERMIT OR APPLY FOR A PERMIT, THESE ARE THE REQUIREMENTS OF YOU AND THAT THEY PUT IN THE CORRECT INFORMATION AND IF YOU MOVE, YOU CHANGE THE INFORMATION.
SO I REALLY THINK THAT IT'S ON THE ONUS OF THE OPERATOR AND OWNER TO MAKE SURE THAT THAT IS DONE CORRECTLY.
SO I WILL NOT BE SUPPORTING THE MOTION.
COMMISSIONER BOICE, ONCE AGAIN, I WOULD AGREE WITH, UH, WITH MY COLLEAGUE THERE, YOU KNOW, I THINK A LOT OF THIS IS ON, ON THE OPERATORS THEMSELVES.
YOU KNOW, YOU CAN GO TO THE SAN ANTONIO WEBSITE RIGHT NOW.
LOOK UP ST YOU CAN SEE WHAT YOUR PERCENTAGES THAT YOU HAVE TO PAY EVERY MONTH.
SO IF I'M MAKING REVENUE EVERY MONTH, I KNOW, OKAY, 16% OF THIS OR WHATEVER IT IS THAT'S COMING OUT EVERY MONTH.
IF I'M NOT PAYING THAT, I KNOW I'M IN THE WRONG SOMEWHERE, REGARDLESS OF WHETHER I'M GETTING NOTICES OR NOT.
I KNOW EVERY SINGLE MONTH A PERCENTAGE OF MY REVENUE HAS TO GO TO THESE GUYS.
WHETHER I'M, WHETHER THEY'RE SENDING ME NOTICES OR NOT, I KNOW I'M OBLIGATED TO THIS.
IT'S RIGHT HERE ON THE WEBSITE.
WE CAN GOOGLE IT RIGHT NOW AND FIND IT.
LIKE WE KNOW THAT A PERCENTAGE OF MY REVENUE EVERY MONTH IS GOING TO THEM, WHETHER THEY SEND ME A NOTICE OR THEY DON'T.
IT'S ON ME, THE OPERATOR, THE APPLICANT, THE OWNER, HOWEVER YOU GUYS WANNA DO IT.
IT'S ON YOU GUYS TO PAY THAT PERCENTAGE EVERY MONTH.
ANYONE ELSE LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL.
I, COMMISSIONER BRAGMAN? NO, I DO NOT.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER IBANEZ? I DO NOT CONCUR.
COMMISSIONER CRUZ? NO, I DO NOT.
COMMISSIONER GOMEZ? I DO NOT CONCUR.
COMMISSIONER MANNA? I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YEAH, I CONCUR.
COMMISSIONER VASQUEZ, I DO NOT CHAIR ORIAN AND I DO NOT CONCUR.
SO IF ANY QUESTIONS PLEASE GET WITH STAFF.
THANK YOU VERY MUCH FOR YOUR TIME.
DOES ANYBODY NEED A BREAK, BRUCE? ALL RIGHT, SEE Y'ALL BACK IN ABOUT SEVEN OR EIGHT MINUTES.
ALL RIGHT, THIS ONE IS BO OA DASH 25 DASH 1 0 3 0 0 1 62.
ADDRESS IS 1 2 1 1 5 STONY FALLS IN COUNCIL DISTRICT 10.
APPLICANT IS ALEJANDRO BENAVIDES AND THIS IS AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT.
IT IS A TYPE TWO PERMIT AND THE ZONING IS R SIX RESIDENTIAL SUBJECT PROPERTIES LOCATED AT 1 2 1 1 5 STONY FALLS.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY, AND THIS IS AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT.
SDR OPERATORS ARE REQUIRED TO REPORT HOT TAXES TO THE CITY'S FINANCE DEPARTMENT ON A MONTHLY BASIS.
THIS INCLUDES REPORTING $0 IF NO REVENUE IS COLLECTED.
ALL SDR ALL SDR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEXAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS.
CITY'S FINANCE DEPARTMENT, UH, STATES THAT REVENUE REPORTS WERE MISSING FROM AUGUST, 2024 THROUGH FEBRUARY 20, 25.
SEVEN NOTICES OF DELINQUENCY WERE MAILED BY AVENUE BETWEEN SEPTEMBER, 2024 THROUGH MARCH 20, 25.
AND A FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON JULY 14TH, 2025.
UH, THE PERMIT WAS REVOKED ON JULY 29TH, 2025 AFTER NO PAYMENT WAS MADE.
UM, THERE ARE SEVEN TOTAL UNITS ON THIS BLOCK FACE.
UM, THERE ARE NO OTHER, UH, TYPE TWOS.
UM, SO IF THIS ONE REMAINS, IT'S, IT'LL REMAIN AT A 14.3% DENSITY.
UH, TWO PAST INVESTIGATIONS FOR OPERATING WITHOUT SHORT-TERM RENTAL PERMITS.
UH, ONE IN, UH, THAT ONE WAS ONE THAT WAS CLOSED IN NOVEMBER OF 2023 AND ANOTHER ONE CLOSED IN SEPTEMBER OF 2024.
UH, THIS IS THE SITE PLAN AND THEN SUBJECT PROPERTY AND THE SURROUNDING PROPERTIES TO FOLLOW.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL.
[01:55:01]
THIS IS THE NOTIFICATION PLAN.UM, WE RECEIVED TWO RESPONSES IN FAVOR FOR AN OPPOSITION.
STONE RIDGE, HOA HOMEOWNERS ASSOCIATION HAS BEEN NOTIFIED, UH, AND HAS NOT RESPONDED, AND THE THREE CITYWIDE GROUPS WERE NOT NOTIFIED OR WERE NOTIFIED WITH NO RESPONSE.
AND, UH, FINANCE HAS A PRESENTATION ON THIS ONE AS WELL.
AND YOU SAID THAT THERE ARE TWO NOTICES OF, OF, UM, CITATIONS OF FOR RUNNING A SHORT TERM AND SO TWO PREVIOUS ONES? YES.
AND SO BETWEEN THE TWO WAS, WERE THEY BROUGHT BACK IN? SO IT WAS NOTICED THAT THEY DIDN'T AND THEN THEY, THEN THEY DID APPLY AND THEN THEY LET IT EXPIRE SOMETHING? OR HOW DID THEY HAVE I GUESS TWO OF THEM GO BY, UH, FOR CLARIFICATION.
SO THE FIRST INVESTIGATION WAS, UM, IN 2023 THAT WAS CLOSED AS THE LISTING WAS REMOVED.
AND THEN IT CAME ON OUR LIST AGAIN AS BEING OPERATING WITHOUT A PERMIT BACK IN 2024.
AND IT WAS EVENTUALLY CLOSED OUT ONCE THE APPLICANT APPLIED FOR AN YEAR APPLICATION AND IT WAS APPROVED.
A FOLLOW UP QUESTION, DID THAT GO TO THE SAME PERSON OR WERE THEY DIFFERENT OWNERS? LET ME VERIFY THAT REAL QUICK.
WELL THE APPLICANT, IF THERE'S NO OTHER QUESTIONS, THE APPLICANT COME FORWARD.
I THINK STAFF WAS GONNA DO A PRESENTATION ON, DID THE FINANCE PRESENTATION.
THIS IS WHAT WE SEE IN AVENUE.
UM, 8 0 1 5 2 DIDN'T HAVE ANYTHING REPORTED.
UM, THEY REPORTED, BUT THEY REPORTED LIKE A YEAR LATER, 7 28, 20 25.
UM, THEY HAD TWO LISTED, TWO LISTINGS.
AND THIS IS THE INCOME THAT'S IN ARI THAT THEY GOT ON THE AIRBNB.
WHAT IS HARARI? THAT'S WHERE THE, WHERE THE REVENUE IS COLLECTED.
WHEN THEY DO AIRBNB, THEY HAVE THAT.
HARARI IS KIND OF A SUBSET OF AVENUE, BUT IT'S ALL COLLECTIVELY THE SAME CONTRACT TO COLLECT.
JUST REAL QUICK POINT OF CLARIFICATION.
MY UNDERSTANDING OF THIS ONE IS THAT AFTER THE PERMIT WAS REVOKED, THEY DID PAY FULLY.
HOWEVER, AT THE TIME THEY PAID, RATHER THAN PAYING ON THE DELINQUENT ACCOUNT, THEY PAID ON A NEW ACCOUNT THAT THEY CREATED.
SO WE CAN RESOLVE THE DISCREPANCY.
BUT THEY ARE PAID UP AT THIS TIME.
AND THESE ARE THE LETTERS, LETTERS THAT WERE SENT OUT.
EZ UH, COMMISSIONER BONNI, WHO'S BRENT COLEMAN? UH, HE'S LISTED AS THE PROPERTY OWNER ON BCAT.
AND I CAN CONFIRM BOTH INVESTIGATIONS WERE FOR THE SAME PROPERTY OWNER.
ALL THOSE MAILED ONES WENT TO BRENT COLEMAN.
THEY WENT TO BRENT COLEMAN OR THEY WERE ADDRESSED TO BRETT COLEMAN.
BUT THE MAILING ADDRESS WAS THE STR PROPERTY.
JUST HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR STR.
MY NAME IS ALEJANDRO VEZ, MY WIFE, UH, JESSICA VEZ.
BASICALLY WE GOT THE AIRBNB BACK IN 2000, WHAT WAS IT, 2020? IT WAS IN, IT WASN'T 2023.
WE'RE ON A RENT TO OWN AGREEMENT WITH MR. COLEMAN.
AND HE WROTE US A LETTER GIVING US THE APPROVAL TO OH.
OPERATE IT AS A SHORT TERM RENTAL, WHICH WE HAD THE LETTER WHENEVER WE FILLED OUT THE APPLICATION FOR THE PERMIT.
SO, TO MAKE SURE THIS I'M CLEAR, SO MR. COLEMAN OWNS A PROPERTY, YOU'RE ON A RENT TO OWN AGREEMENT.
UM, BUT BRENT COLEMAN STILL HAS TO BE THE SIGNATORY ENLISTED IN THE SYSTEM 'CAUSE HE IS THE OWNER.
ARE YOU LISTED AS AN OPERATOR? UH, OR ANOTHER CONTACT IN THE SYSTEM? OH, THE OPERATORS, THE OPERATOR.
DID YOU RECEIVE THE EMAILS, UH, OR LETTERS? WE DID, SIR.
AND SO WHAT WAS THE REASON FOR THE DELINQUENCY? JUST THIS IS OUR FIRST TIME TRYING THIS.
UH, WE'RE, I'M STILL LEARNING.
GOT A LITTLE OVERWHELMING AS WE DO OWN TWO OTHER, WE'RE SELF-EMPLOYED AS WELL.
SO WE HAVE RECENTLY HIRED, UH, AN ACCOUNTANT WHO ALSO DOES BOOKKEEPING,
[02:00:01]
WHO IS HELPING ME GET THINGS ORGANIZED AND STRAIGHTENED OUT SO THAT THIS DOESN'T HAPPEN AGAIN.ANYONE'S UNDER SPEAK? NO PUBLIC COMMENT.
IS THERE ANYTHING ELSE YOU'D LIKE TO ADD? AND ANYTHING WE'VE UH, WE'VE BEEN PART OF THE COMMUNITY, UH, FOR I'D SAY ABOUT EIGHT YEARS NOW.
WE'VE, WE, WE USED TO RENT ANOTHER HOUSE ON THE, UH, 1 2, 1 2 7 STONY FALLS.
UH, MY WIFE AND I AND DAUGHTER LIVED THERE FOR FIVE YEARS.
SO WE'RE, WE'RE VERY WELL KNOWN IN THAT NEIGHBORHOOD.
WE, WE OBVIOUSLY SPEAK WITH EVERYONE.
UM, EVERY, UH, NEIGHBORS THAT I'VE SPOKEN WITH, UH, I'VE ASKED THEM IF THERE'S EVER BEEN A SITUATION.
THEY ALL HAVE OUR CONTACT NUMBER, MY WIFE.
AND I'S, UH, JUST IN CASE THERE'S EVER A, A ANYTHING, ANY, ANY, ANY, ANY ISSUE, ANYTHING BROUGHT UP.
UH, THEY'RE, THEY'RE, THEY CAN CONTACT US, LET US KNOW THE ISSUE.
AND OBVIOUSLY WE RENT RIGHT ACROSS THE STREET FROM THAT, FROM THAT PROPERTY.
SO, UH, WE'RE ABLE TO KEEP OBVIOUSLY AN EYE ON EVERYTHING THAT GOES ON.
UH, WHAT'S, WHAT'S, WHAT ADDRESS DO YOU RESIDE AT THEN? 1, 2, 1 0.
IS THERE, BECAUSE THE NEIGHBORING THE PERSON TO THE, TO THE EAST OF YOU AND THE PERSON DIRECTLY ACROSS THE STREET ARE BOTH IN OPPOSITION, CAN YOU PROVIDE SOME CLARIFICATION ON WHAT THEY'RE OPPOSED TO OR DO YOU TALK TO THEM? IT'S 1 2, 1 1 4.
IT WAS A RENTAL AND SHE MOVED OUT, BUT OH, RIGHT NEXT TO US.
VERONICA'S OLD HOUSE ONE THERE.
SO THAT HOUSE, THERE'S ONE THERE HAS BEEN VACANT FOR MONTHS.
AND THE ONE DIRECTLY TO THE EAST, THAT IS ALSO A RENTAL.
AND WE'VE BEEN ON GOOD TERMS WITH THEM.
THEY HAVEN'T HAD A SINGLE COMPLAINT TO US.
THE 1, 2 1, 1 1, ALSO A RENTAL.
GREAT RELATIONSHIP WITH THAT FAMILY AS WELL.
BUT THAT THE, THE OPPOSITION COULD HAVE COME FROM THE PROPERTY OWNER, NOT THE OWNER, NOT TENANT.
THIS IS ONE OF THOSE CASES WHERE THERE'S A DISCREPANCY BETWEEN THE OWNERSHIP AND THE, THE MOST IMPACTED PARTY, WHICH WOULD'VE BEEN THE RENTER.
ALRIGHT, ANY OTHER QUESTIONS? BON I GOT ONE FOR CITY REAL QUICK.
UM, THOSE APPLICANT OR THOSE, THOSE MAILED LETTERS SENT TO BRENT COLEMAN, DID, UH, DO THE OPERATORS GET A MAILED LETTER TO OR ONLY THE OWNER FOR IN AVENUE WE PROVIDE THE OWNER INFORMATION ON THERE.
UM, AGAIN, THE MAILING A, EVEN THOUGH IT WAS ADDRESSED TO BRENT COLEMAN, THE MAILING ADDRESS WAS THE S PROPERTY, WHICH IS 12 11 5 STONY FALLS.
MANNA, CAN YOU BRING UP THE, THE LISTING WITHIN ACCESS SO WE CAN SEE THAT TO, AND THEN WALK THROUGH WHO RECEIVED WHAT? 'CAUSE AGAIN, I'M TRYING TO KEEP UP WITH A LOT OF MAILS GOING ON AND EMAILS AND STUFF.
AND SO JUST TO CLARIFY WHO RECEIVED AND WHO DIDN'T RECEIVE EMAILS, THAT WOULD BE BENEFICIAL FOR ME TO APOLOGIZE.
UH, FOR CLARIFICATION, ALTHOUGH THEY DO IDENTIFY BRETT COLEMAN AS THE PROPERTY OWNER, THE MAILING AND EMAIL ADDRESS IS THE SAME FOR ALL, FOR BOTH THE APPLICANT AND OPERATOR.
SO THEY PROVIDE THE SAME MAILING ADDRESS FOR ALEX BENAVIDEZ IS 12 11 5 SONY FALLS, AS WELL AS THE SAME EMAIL ADDRESS AS THE OWNER.
SO IT'S THE SAME, IT'S JUST, IT'S JUST THE TWO EMAIL AND MAILING ADDRESS.
SO FOR, FOR THE APPLICANT, DID YOU GUYS GET EMAILS AND LETTERS IN THE MAILBOXES AT THIS ADDRESS? UH, WE DID RECEIVE SOME EMAILS AND AGAIN, LIKE SOMETIMES THEY GO INTO A DIFFERENT FOLDER AND OKAY.
BUT YOU GOT THE LETTERS THAT WERE MAILED THERE, YOU CHECKED THE MAIL WITH THE POLICE.
THERE WAS A FEW LETTERS, BUT IF THEY'RE MAILED TO BRENT COLEMAN, THE MAILMAN KNOWS THIS AND HE WON'T PUT SOMETHING THAT THAT BELONGS TO HIM, THAT BELONGS TO HIM INTO THAT, INTO THAT MAILBOX.
THEY DON'T EVER DELIVER SOMETHING THAT DOESN'T BELONG TO SOMEBODY ELSE.
IF I BON IF I GO BACK TO THE CITY ON ON.
OKAY, SO IF THE PROPERTY OWNER, REGARDLESS OF WHO APPLIES OR WHO'S THE OPERATOR, THE AVENUE LETTERS ARE ALWAYS GONNA GO TO THE PROPERTY OWNER'S ADDRESS TO THE, TO THE ADDRESS THEY PROVIDED TO THE STAFF, CORRECT.
SO WHOEVER'S LISTED AS THE OWNER, THAT'S THE INFORMATION WE PROVIDE TO AVENUE AND WHATEVER THE MAILING ADDRESS AND EMAILS PROVIDED, THAT'S WHAT WE PROVIDE.
YEAH, IT LOOKS, IT LOOKS LIKE THE, UH, THE SYSTEM MAILED IT TO BRENT COLEMAN AND WE JUST HEARD TESTIMONY, THE THE POSTMAN MAY NOT PUT, LEAVE IT IN THE BOX, MAN.
SO DOES THE CITY PROVIDE, I KNOW THAT SOMETIMES I'LL GET MAIL THAT SAID IF NOT DELIVERED RETURN BACK TO THE SENDER.
SO WOULD THAT OCCUR FOR THESE, DO WE KNOW? NO, IT DOESN'T.
I MEAN, IT WOULD GO BACK TO AVENUE.
WELL, SO WHOEVER, SO SO DOES IT GET, DOES IT GET REJECTED TO SAY THAT THE APPLICANT DOESN'T LIVE HERE OR SOMETHING? SO,
[02:05:01]
EXCUSE ME, EVEN, BUT MRS. BEES DID SAY THAT SHE DID GET THE MAIL AND, AND SO SHE, AND SHE GETS THE MAIL AT THE OWNER AT THE RENTAL THAT THEY'RE RENTING FOR WHAT'S ON THE SCREEN.NOW, HAVE YOU EVER RECEIVED ONE OF THESE LETTERS? WE'VE, WE, I GUESS YES WE HAVE, BUT IT'S BEEN IN HIS NAME.
NOT UNDER BRENT COLEMAN'S NAME.
I I, I DO JUST WANT TO CLARIFY ONE THING.
THE REASON THAT THE HOT ACCOUNT IS TIED TO THE PROPERTY OWNER IS LEGAL IN NATURE, THAT THE PROPERTY OWNER IS ULTIMATELY RESPONSIBLE FOR THE TAX.
BUT TO, UH, COMMISSIONER YE'S POINT, IT DOES SOUND LIKE THERE WERE, UH, THEY DID RECEIVE THE NOTICE WHETHER IT WAS EMAILED OR MAILED.
YEAH, I'M JUST TRYING TO SEE IF WE JUST, 'CAUSE WE'RE GETTING, WE GET A LOT OF THESE WITH CONFUSED MAIL GOING OUT.
DOES, SO THERE CAN NEVER BE AN OPTION FOR AVENUE TO SEND TWO MAILED NOTICES TO TWO DIFFERENT A ADDRESSES.
IT'S ONLY GONNA BE ONE ALWAYS TO THAT PROPERTY OWNER.
SO WHEN STAFF CREATES THE HOT ACCOUNT, WE PROVIDE THE PROPERTY OWNER'S MAILING ADDRESS.
HOWEVER, ANYONE ASSOCIATED WITH THOSE SGR PROPERTIES CAN REACH OUT TO AVENUE AND ADD THEIR CONTACT INFORMATION.
THE OWNER, THE OWNER I THE, THE, THE OWNER CAN THEN DESIGNATE SOMEONE.
BUT THAT IS, THAT'S THE OWNER'S TAX ACCOUNT.
SO THE OWNER HAS TO MAKE THAT DECISION, THE PROPER ISSUE.
EZ WHICH IN THIS CASE WOULD BE MR. COLEMAN, RIGHT? WHICH WOULD BE MR. COLEMAN.
I JUST WANT CLARIFICATION, UM, IF, ARE THEY UP TO DATE AND THEIR PAYMENTS FOR THEIR HOT TAXES RIGHT NOW? YES.
WELL, WE'RE GONNA LOOK FOR A MOTION TO SEE HOW THIS TURNS OUT, BUT THANK YOU VERY MUCH.
WHO WOULD LIKE TO MAKE A MOTION ON THIS? OH, I'LL DO IT.
UH, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 1 0 3 0 1 16 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 1 2 1 1 5 STONY FALLS APPLICANT BEING ALEJANDRO BENAVIDES BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH D WHEN REVOKING THE SHORT TERM RENTAL PERMIT.
A SECOND, SECOND BY COMMISSIONER UNA.
UM, YEAH, I MEAN, I, WE, WE SEE A LOT OF THESE AND AS TIME GOES BY, YOU KNOW, IT'S, IT'S JUST, YOU GET A NOTICE AND YOU EITHER RESPOND TO IT OR YOU DON'T.
UM, BUT IF Y'ALL ARE NEW AT THIS, UM, AND YOU DON'T HAVE ANY CODE VIOLATIONS, THERE ARE SOME PEOPLE SUPPORTING YOU.
AND THE TWO MAIN ONES THAT ARE IN OPPOSITION ARE, YOU KNOW, THEY'RE NOT THE ONES THAT ACTUALLY LIVE THERE.
I'M GONNA GO AHEAD AND BE IN SUPPORTIVE, THIS PARTICULAR ONE TODAY.
UH, SO YEAH, I I ALSO FIND COMFORT IN KNOWING THAT YOU LIVE, I MEAN, YOUR RESIDENCE IS RIGHT ACROSS THE STREET FROM THE, THE OPERATION.
SO ANY ISSUES, YOU'RE RIGHT ON TOP OF IT.
AND SO THERE'S NO VIOLATIONS, THERE'S NO CODE ISSUES, YOU'RE CURRENT ON THE TAXES.
YOU'RE GONNA CATCH UP WITH THAT AND IT APPEARS YOU'RE GOOD OPERATORS HERE.
SO I WOULDN'T HOLD THAT AGAINST YOU GUYS.
AND SO I'LL BE IN SUPPORT OF THE APPEAL.
ANYONE ELSE LIKE TO ADD WOULD SIR? YES.
UM, MR. AND MRS. BEN, I, I HOPE THAT YOU TAKE SOME TIME TO COME TO THE CITY SO THEY CAN SHOW YOU EXACTLY HOW TO USE, UM, THE APP, THE, THE APP, THE APPLICATION, THE WEBSITE TO PAY YOUR TAXES BECAUSE IT IS A LITTLE COMPLICATED.
UM, BUT AFTER YOU LEARN IT, IT GETS EASIER.
AND SO, UH, THAT WAY YOU, MAYBE YOU DON'T NEED TO DO YOUR ACCOUNTANT AND SAVE YOURSELF SOME MONEY BECAUSE ONCE YOU KNOW THE PROCESS, IT DOES GET A LITTLE EASIER.
THE MOST IMPORTANT THING IS THAT YOU HAVE TO STAY ON TOP OF IT EVERY MONTH AND, AND HIT THAT DEADLINE DATE, I THINK THE 29TH OR 28TH OF EACH MONTH THAT YOU HAVE TO PAY THOSE TAXES IN SO THAT YOU DON'T RUN INTO THIS PROBLEM AGAIN.
ANYONE ELSE HERE NOW HAVE ROLL CALL, VOTE PLEASE.
COMMISSIONER CRUZ? YES, I CONCUR.
UM, I DO NOT THINK THE CITY MADE A MISTAKE, BUT I WILL, UH, VOTE IN FAVOR OF THE APPLICANT'S REQUEST.
COMMISSIONER VASQUEZ? NO, I DON'T, I DON'T THINK THE CITY MADE A MISTAKE, BUT I'LL BE VOTING.
UH, I DO RECOMMEND YOU, YOU TAKE THIS AND, AND MAKE
[02:10:01]
SURE, YOU KNOW, COME BACK HERE EVER AGAIN.UM, NEXT ITEM IS ITEM NUMBER NINE.
ITEM NUMBER NINE IS CASE BO OA 25 DASH 3 4 7.
LOCATED AT 5 4 6 BUNDY STREET IN COUNCIL DISTRICT TWO, THE APPLICANT BEING EDGAR SANCHEZ.
AND THIS IS A REQUEST FOR A 225 SQUARE FOOT VARIANCE FROM THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT ON A 3,775 SQUARE FOOT LOT.
THE SUBJECT PROPERTY IS GENERALLY BOUNDED BY MARTIN LUTHER KING DRIVE INTERSTATE HIGHWAY 10, AND, UH, THE SATO CREEK.
THE PROPERTY IS CURRENTLY VACANT WITH NO EVIDENCE OF PRIOR DEVELOPMENT.
UH, THE APPLICANT IS PROPOSING THE DEVELOPMENT OF A NEW SINGLE FAMILY HOME ON THIS LOT AND CURRENTLY THE LOT SIZE DID NOT MEET THE MINIMUM SQUARE FOOTAGE REQUIRED OF THE R FOUR BASE ZONING DISTRICT.
THE PROPERTY WAS ORIGINALLY PLATTED IN 1950 AND LATER SPLIT BY DEED IN 1969 TO ESTABLISH THE CURRENT LOT SIZE AND WITH THE ADOPTION OF THE 2001 UNIFIED DEVELOPMENT CODE, THE PROPERTY ZONING DESIGNATION CONVERTED TO THIS CURRENT R FOUR.
DESPITE THE LOT NOT MEETING THE MINIMUM REQUIRED LOT SIZE FOR THAT DISTRICT, UH, RECORDATION OF A NEW PLAT WILL BE REQUIRED PRIOR TO ANY NEW DEVELOPMENT ON THE SUBJECT PROPERTY.
SHOWN HERE IS A SITE PLAN OF THE PROPOSED DEVELOPMENT ON THAT LOT ON 5 46 BUNDY.
UM, HIGHLIGHTED IS THE EXISTING SQUARE FOOTAGE OF THAT LOT THERE.
AND THIS IS THE SUBJECT PROPERTY AGAIN, UH, CURRENTLY VACANT.
AND UH, THIS IS JUST TO DEPICT, UH, THE FULL DEPTH OF THAT LOT.
THERE IS A, CURRENTLY, FROM THIS VIEW, IT LOOKS A LOT MORE SHALLOW THAN IT ACTUALLY IS.
THERE'S A FENCE THERE THAT KIND OF CUTS OFF OR RUNS THROUGH THE MIDDLE OF THE PROPERTY.
SO THAT TRUE DEPTH IS TO THAT NEWER, UM, CEDAR FENCE TO THE BACK THERE.
AND THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 3 1 47 BASED ON THE FOLLOWING FINDINGS OF FACT, UH, ONE, THE LOT IS REASONABLY LARGE ENOUGH TO SUPPORT A NEW SINGLE FAMILY HOME WITHOUT SIGNIFICANTLY ALTERING THE CHARACTER OF THE IMMEDIATE SURROUNDING AREA.
AND TWO, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS THE APPLICANT INTENDS TO ADHERE TO ALL OTHER LOT DEVELOPMENT STANDARDS OF THE R FOUR DISTRICT STAFF.
MAIL 26 NOTICES TWO WERE RETURNED IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY.
AND SHOWN HERE IS THE SUPPORT RECEIVED FROM THE NEIGHBORING PROPERTY OWNERS.
THIS CONCLUDES STAFF'S PRESENTATION.
I LET THE APPLICANT COME FORWARD.
IS THE APPLICANT HERE, MR. SANCHEZ OR MR. SANCHEZ DID LET ME KNOW HE WAS GONNA BE ON THE WAY.
I HAVE, I'M JUST GONNA SAY I HAVE NO ISSUE APPROVING THIS TODAY.
SO, UM, MANNA,
SO, SO I JUST, UM, THERE'S ANOTHER PROPERTY THAT'S EVEN SMALLER ON THIS LOT THAT'S, UH, TWO HOUSES DOWN I GUESS.
AND SO, SO I GUESS THIS WILL OPEN UP FOR THAT OTHER LOT, WHICH IS EVEN SMALLER TO HAVE ANOTHER SIMILAR DIALOGUE.
AND THAT WAS THE ONLY COMMENT I HAD.
YEAH, SO WITH THAT, UM, ANYONE WOULD LIKE TO MAKE A MOTION.
UNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 0 3 4 7.
I MOVE THAT THE BOARD OF ADJUSTMENT GRADUATE REQUEST FOR 225 SQUARE FOOT VARIANCE FOR THE MINIMUM 4,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT OF 3007 75 SQUARE FOOT SITUATED 5 46 BUNDY STREET, APPLICANT BEING ED EDGAR SANCHEZ.
BECAUSE THE TESTIMONY PERTAINED TO US AND THE FACTS THAT WE DETERMINE SHOULD THAT THE PHYSICAL CHARACTER, THIS PROPERTY SAYS THAT LITERAL ENFORCEMENT PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS SUFFICIENT SPACE EXIST IN THE
[02:15:01]
PROPERTY BILL OF NEW HOME WHILE MAINTAINING THE EXISTING CHARACTER OF THE AREA BY ADHERING TO ALL OF THE LOT DEVELOPMENT STANDARDS.TWO, DUE TO SPECIAL CONDITIONS, THE LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A HARDSHIP AS IT WOULD PERPETUATE THE UNDERUTILIZED THE SPACE WITH AN ESTABLISHED RESIDENTIAL AREA.
THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE SUBSTANTIAL, JUSTICE WILL BE DONE AS THE APPLICANT INTENDS TO ADHERE TO ALL THE LOT DEVELOPMENT STANDARDS OF THE R FOUR DISTRICT FOR THE VARIANCE WITHOUT AUTHORIZE THE OPERATION OF USE OF THE NO USE, SPECIFICALLY THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED.
NO USE SAID THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT ESSENTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED AS ALLOWED IS REASONABLY LARGE ENOUGH TO SUPPORT A NEW SINGLE FAMILY HOME WITHOUT SIGNIFICANTLY ALTERING THE CHARACTER OF THE IMMEDIATE SURROUNDING AREA.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE ASSAULT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS.
AND THE DISTRICT WAS TO, THE PROPERTY IS LOCATED, THE LOT SIZE WAS ESTABLISHED WHEN THE PROPERTY WAS SPLIT BY DEED, WHICH ESTABLISHED THE CURRENT MINIMUM LOT SIZE REQUIREMENT AND A MOTION.
SECOND BY COMMISSIONER BRAGMAN.
UM, ANY DISCUSSION? ALL IN FAVOR SAY AYE.
OKAY, ITEM NUMBER 10 IS CASE NUMBER BO OA DASH 25 DASH 1 0 3 51.
THE ADDRESS BEING 98 23 CODA ROAD IN COUNCIL DISTRICT SIX, THE APPLICANT IS RAHIM TAMER.
THE REQUEST IS FOR AN ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW A MOBILE FOOD COURT USE WITHIN 200 FEET OF A RESIDENTIAL ZONE OR USE LOT.
THE SUBJECT PROPERTY IS LOCATED BETWEEN HIGHWAY LOOP 1604 AND TSEL ROAD ALONG COLLIBRA ROAD AND JUST SOUTH OF ZACHARY MIDDLE SCHOOL, A PUBLIC EDUCATION INSTITUTION IN THE NORTH SIDE INDEPENDENT SCHOOL DISTRICT.
THE APPLICANT IS PROPOSING THE DEVELOPMENT OF A NEW MOBILE FOOD COURT ON THE CURRENTLY VACANT ONE ACRE TRACT.
THE UNIFIED DEVELOPMENT CODE REQUIRES THE MOBILE FOOD COURTS ARE ESTABLISHED NO CLOSER THAN 200 FEET OF ANY SINGLE FAMILY RESIDENTIAL USE OR SINGLE FAMILY ZONING DISTRICT.
THE PUBLIC SCHOOL TO THE NORTH OF THE SUBJECT PROPERTY CURRENTLY OCCUPIES A LOT ZONED R SIX RESIDENTIAL SINGLE FAMILY DISTRICT, AND THE CLOSEST DISTANCE TO A PROPERTY OCCUPIED BY A SINGLE FAMILY RESIDENTIAL USE IS APPROXIMATELY 240 FEET AWAY.
MEASURED PROPERTY LINE TO PROPERTY LINE SHOWN HERE IS A SITE PLAN OF THE PROPOSED DEVELOPMENT.
UM, THIS JUST EXHIBITS THE, UM, SHARED PROPERTY LINE BETWEEN THE SUBJECT PROPERTY AND THE SCHOOL PROPERTY.
AND SHOWN HERE IS THE SUBJECT PROPERTY AGAIN, CURRENTLY VACANT, APPROXIMATELY ONE ACRE IN SIZE AND ANOTHER VIEW OF THAT SUBJECT PROPERTY AND THE SURROUNDING AREA ALREADY ESTABLISHED COMMERCIAL IN NATURE ALONG COLLIBRA ROAD.
STAFF RECOMMENDS APPROVAL AND BO OA DASH 25 DASH 0 3 0 1 51 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPERTY IS ADJACENT TO A PROPERTY ZONE FOR RESIDENTIAL SINGLE FAMILY USE THAT IS OCCUPIED BY A NON-RESIDENTIAL USE.
AND TWO, THE NEAREST RESIDENCES ARE ADEQUATELY SEPARATED FROM THE SUBJECT PROPERTY STAFF MAILED EIGHT NOTICES.
ZERO WERE RETURNED IN FAVOR, ZERO IN OPPOSITION.
AND THERE IS NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY.
AND THIS CONCLUDES STAFF'S PRESENTATION.
THE APPLICANT IS ACTUALLY PRESENT.
ALL RIGHT, SO THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR FOOD COURT.
MY NAME IS ABRAHAM TAMR AND IT'S MY, UH, FIRST BUSINESS THAT I WANT TO DO.
AND, UH, YEAH, SO I'M GONNA BE HONEST, LIKE I WANNA MAKE IT LOOK REALLY NICE, YOU KNOW, CLEAN.
I REALLY CARE ABOUT HOW IT'S GONNA LOOK AND EVERYTHING.
IT'S NOT GONNA BE LIKE ANY, I'LL, I'LL MAKE SURE LIKE ANYBODY WHO'S GONNA RENT THAT, YOU KNOW, FOOD COURT.
IS GONNA BE, IT HAS TO BE REALLY GOOD.
IS THERE ANY QUESTIONS FOR THE APPLICANT? MADAM? MR. MAD? I'LL LET CRUZ GO FIRST.
UH, HOW MANY TRUCKS ARE YOU THINKING OF HAVING IN THERE? I MEAN, HONESTLY FOR NOW, I DON'T KNOW.
IT'S, YOU KNOW, I DON'T, I DIDN'T EVEN, I I DIDN'T DO LIKE, UM, I'M JUST THINKING OF PROBABLY LIKE SIX TO SEVEN, YOU KNOW.
I'M ASSUMING FOR, FOR DIFFERENT, DIFFERENT TYPES OF, OF FOOD.
UH, I'LL, YOU KNOW, IT DEPENDS LIKE ON THE DEMAND, BUT OBVIOUSLY LIKE, YOU KNOW, I, I WANNA HAVE A MIXTURE OF EVERYTHING, ALL TYPE OF FOOD, YOU KNOW.
EZ WHAT ARE YOUR, UH, WHAT ARE YOUR PLANS COMMISSIONER? OH, I'M SORRY.
UM, WHAT ARE YOUR, YOUR, YOUR PLAN DAYS OF, UH, OPENING AND OPERATION HOURS? SO, UM, IT'S NOT GONNA, LIKE, I'M THINKING IT'S, IT'S GOING TO BE LIKE MORNING AND THEN
[02:20:01]
NOT DURING SCHOOL HOURS, YOU KNOW, UM, BECAUSE THERE IS NO BUSINESS, UH, AT NIGHT, YOU KNOW, I ALWAYS GO AT NIGHT IN THAT AREA.THERE IS A LOT OF NEIGHBORHOODS AND YOU KNOW, AND THERE IS ONLY ONE REALLY DOWN THE STREET, A FOOT COURT INSIDE.
BUT, UH, THIS ONE IS GONNA BE NOT EVEN CLOSE TO WHAT THAT ONE IS LOOKING LIKE.
YOU KNOW, THIS ONE IS GONNA BE REALLY NICE.
IT'S FOR THOSE NEIGHBORHOODS, LIKE BEHIND MM-HMM
I THINK IT'S GONNA BE REALLY GOOD.
IT'S GONNA LOOK REALLY NICE OVER THERE.
AND SO, SO IT IS A MIDDLE SCHOOL BEHIND IT AND SO, SO IT IS ON A RESIDENTIAL LOT, BUT, BUT THERE ARE NO REQUIREMENTS WITH REGARDS TO FOOD COURTS ABUTTING, UM, A SCHOOL, A SCHOOL PERIOD, UM, ON, ON, ON THE CODE.
SO THERE'S NOTHING, YEAH, THERE'S NO EXEMPTION.
UH, WE DO HAVE A PENDING UDC AMENDMENT TO SAY IF IT'S ZONED RESIDENTIAL, BUT IT'S USED AS A SCHOOL OR PARK.
BUT AGAIN, THAT'S JUST A PROPOSAL.
AND WHAT IS THE, SO THERE'S PROPOSAL AND WHAT IS, WHAT IS IT THAT IS BEING PROPOSED? OH, SO THE 200 FOOT SEPARATION RULE.
UM, IF IT'S ZONED RESIDENTIAL, BUT IF THE USE AS A SCHOOL OR PARK, UM, WE'RE GONNA SEE IF CITY COUNCIL WANTS TO ENTERTAIN THAT TO NOT REQUIRE A 200 FOOT SEPARATION.
SO TO, SO IN THIS CASE IT WOULD, IT, IT WOULD HAVE BEEN THE CASE WHERE IT'S BEING A SCHOOL, REGARDLESS OF THE ZONING, IT WOULD'VE ASKED FOR THE 200 FOOT.
JUST OUTTA CURIOSITY, ARE Y'ALL INCLUDING CHURCH WITH THAT JUST OR JUST SCHOOL IN PART? NOPE.
YEAH, THAT'S SOMETHING WE CAN LOOK AT.
IT IS JUST IN OUR PROPOSALS, IT'S NOTHING.
I'M JUST WONDERING 'CAUSE THAT'S THE OTHER ONE THAT COULD BE ON DIFFERENT ZONING.
ALRIGHT, WELL, I GUESS, UH, THANK YOU VERY MUCH.
UM, IS THERE ANY VOICEMAILS OR ANYBODY UNDER NO PUBLIC COMMENT? ALL RIGHT.
UM, I WOULD LIKE TO SAY THAT I GREW UP IN THAT NEIGHBORHOOD BEHIND THERE AND NOT FAR FROM HERE.
IN FACT, I USED TO PLAY WHERE ZACHARY MIDDLE SCHOOL WAS NICE AND A LOT OF KIDS.
WE USED TO GO HIT THE STOP AND GO AND I'M TELLING YOU, THAT'LL BE VERY POPULAR.
ALL RIGHT, LET'S LOOKING FOR MOTION BRAGMAN.
COMMISSIONER BRAGMAN, I DON'T THINK I CAN DO IT AS BEST AS YOU.
REGARDING CASE NUMBER BO A DASH 25 DASH 0 3 0 0 1 51, I MOVED THE BOARD OF ADJUSTMENT GRANT AND REQUEST FOR AN ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW MOBILE FOOD COURT USE WITHIN 200 FEET OF A RESIDENTIAL ZONED OR USE LOT SITUATED AT 98 23 COLLIBRA ROAD, APPLICANT BEING IBRAHAM TAMER BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THE ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE RESIDENTIAL ZONING DISTRICT WITHIN THE MINIMUM SEPARATION DISTANCE IS OCCUPIED BY A PUBLIC SCHOOL TWO TO SPECIAL DUE TO SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT'S PROPOSED USE OF THE PROPERTY WOULD BE HALTED DESPITE THE NEAREST RESIDENCE BEING ADEQUATELY SEPARATED FROM THE SUBJECT PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS THE EXISTING SCHOOL CAMPUS ON THE ADJACENT PROPERTY MAKES FUTURE DEVELOPMENT OF RESIDENCES ON SUCH PROPERTY, UNLIKELY.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMITY PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED AS THE APPLICANT INTENDS STAY HERE TO ALL OTHER DEVELOPMENT STANDARDS, INCLUDING THE ADDITION OF LANDSCAPING BUFFERING ALONG THE RESIDENCE OR ALONG THE REAR PROPERTY.
LINE SIX, PLIGHT OF THE OWNER OF THE PROPERTY FOR PERSEVERANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE SUBJECT PROPERTY IS SUBJECT PROPERTY SECOND.
SECOND BY COMMISSIONER, MAD COMMISSIONER BRAGMAN.
UH, YEAH, I DON'T HAVE ANY, UH, ISSUES WITH THIS.
IT SOUNDS LIKE, UH, DUE TO THE SCHOOL BEING THERE, THAT AGAIN, IT'S NOT GONNA BE DEVELOPED INTO SINGLE FAMILY RESIDENTIAL.
UH, SO IT SOUNDS LIKE THIS IS A GOOD USE OF A VACANT PROPERTY TO HELP BE IN SUPPORT.
THANK YOU COMMISSIONER MAMMO? YEAH, THE ONLY THING THAT I WOULD'VE, YOU KNOW, UM, LOOKED AT MAYBE DIFFERENTLY IS HAD IT BEEN THAT THE SCHOOL HAD FRONTED MORE CLOSER TO THE FRONT TO THIS, UH, TO THIS PARTICULAR PROPERTY.
AND SO, UM, BEING THAT IT IS THE BACK, WE'LL SAY OPEN SPACE, UH, FOR THE SCHOOL, I DON'T HAVE AN ISSUE WITH THAT.
ALL RIGHT, ANYONE ELSE LIKE TO ADD? I'M GONNA GO ON A LIMB AND ASK FOR A VOICE VOTE.
[02:25:01]
MOTION PASSES.ITEM 11, ITEM 11 IS CASE BO A DASH 25 DASH 0 3 53.
THE ADDRESS IS 5 0 7 WEST CREEK PLACE IN COUNCIL DISTRICT ONE, THE APPLICANT BEING ADAM OCHOA.
UH, THIS IS A REQUEST FOR AN 818 SQUARE FOOT VARIANCE FROM THE NCD TWO DESIGN STANDARD, MAXIMUM ALLOWABLE ACCESSORY STRUCTURE SIZE TO ALLOW FOR A COMBINED 1,403 SQUARE FEET OF ACCESSORY STRUCTURES.
TWO, A FOUR FOOT 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR A GARAGE IN THE REAR YARD TO BE ONE INCH FROM THE EAST SIDE PROPERTY LINE.
AND THREE A 19 FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT GARAGE ENTRY SETBACK TO ALLOW A SIX INCH GARAGE ENTRY SETBACK.
OKAY, THE SUBJECT PROPERTY IS LOCATED ONE BLOCK WEST OF SAN PEDRO AVENUE ALONG WEST CREEK PLACE IN THE ALTA VISTA NEIGHBORHOOD CONSERVATION DISTRICT.
THE PROPERTY OWNER IS CURRENTLY RENOVATING THE EXISTING STRUCTURES ON THE SITE.
THE PROPERTY OWNER ORIGINALLY INTENDED TO REMODEL AND REPAIR THE GARAGE.
HOWEVER, UPON FURTHER CONSIDERATION OF THE ASSOCIATED REPAIRS, THE PROPERTY OWNER'S INTENT IS NOW TO DEMOLISH AND REBUILD THE EXISTING GARAGE IN ITS CURRENT CONFIGURATION.
ACCORDING TO COUNTY RECORDS, THE EXISTING GARAGE WAS ESTABLISHED ON THE PROPERTY IN 1985.
A VARIANCE IS REQUIRED FOR THE REDUCED SIDE SETBACK, REDUCED GARAGE ENTRY SETBACK, AND THE INCREASE BEYOND THE MAXIMUM PERMITTED ACCESSORY STRUCTURE.
SQUARE FOOTAGE IN THE NCD, THE CURRENT MAXIMUM ALLOWABLE ACCESSORY STRUCTURE SIZE IN THE NCD BEING 40% OF THE PRINCIPAL STRUCTURE SIZE IS 585 SQUARE FEET.
THE EXISTING ACCESSORY STRUCTURES ON THIS PROPERTY, INCLUDING THE GARAGE, REPRESENT AN 818 SQUARE FOOT INCREASE TO THIS MAXIMUM FOR A TOTAL OF 1,403 SQUARE FEET OF ACCESSORY STRUCTURES.
THE PROPOSED DEVELOPMENT DOES MEET THE UNIFIED DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES TOTAL AREA.
SO THAT WILL NOT BE AN ISSUE FOR THIS CASE SHOWN HERE AS A SITE PLAN.
EVERYTHING, UH, SORT OF HIGHLIGHTED THERE IN THAT ORANGE-ISH YELLOW COLOR ARE THE EXISTING ACCESSORY STRUCTURES.
UM, THOSE TWO ON THE LEFT ARE TWO REMAIN, AND THE SUBJECT STRUCTURE IS THAT ONE STORY GARAGE THERE ON, ON THE FAR RIGHT THERE.
UM, THAT'S GOING TO BE OR PROPOSED FOR DEMOLISH AND REBUILD.
UH, AND YOU CAN ALSO SEE ITEM NUMBER TWO IS THE REDUCED SETBACK TO THAT PROPERTY LINE.
AND ITEM NUMBER THREE BEING THE REDUCED GARAGE ENTRY SETBACK, WHICH IS MEASURED TO THE BACK OF THE SIDEWALK RATHER THAN TO THE PROPERTY LINE SHOWN HERE IS THE SUBJECT PROPERTY AND THAT GARAGE ON THE SIDE, UM, OFF OF THE SIDE STREET IN THE REAR YARD OF THE PROPERTY AND THE SURROUNDING AREA.
THIS IS DOWN AN ALLEY THAT ABUTS THE REAR OF THE PROPERTY.
THIS IS DIRECTLY ACROSS THE STREET, ACROSS THAT SIDE STREET FROM THAT GARAGE WE WERE JUST LOOKING AT.
AND THIS IS ON THE OTHER CORNER AGAIN, RIGHT ACROSS THE STREET.
AND THERE'S THAT ALLEY AGAIN RUNNING THROUGH THE REAR OF THESE PROPERTIES ON THAT BLOCK.
AND THIS IS THE SURROUNDING AREA FROM THE FRONT YARD IN THAT ALTA VISTA NEIGHBORHOOD STAFF RECOMMENDATION FOR THE SIDE SETBACK AND GARAGE ENTRY SETBACK VARIANCES, STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 3 0 53 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE GARAGE WOULD BE REBUILT WITH ADEQUATE SEPARATION FROM NEIGHBORING PROPERTIES TO SUPPORT MAINTENANCE OF THE STRUCTURE AND TO MITIGATE THE RISK OF FIRE SPREAD AND POTENTIAL DAMAGE FROM WATER RUNOFF.
AND TWO, THE VARIANCE WOULD BE IN THE SPIRIT OF THE ORDINANCE AS THERE ARE SEVERAL INSTANCES OF SIMILARLY PLACED GARAGES IN THE IMMEDIATE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE NCD TWO ACCESSORY STRUCTURE SIZE VARIANCE STAFF RECOMMENDS DENIAL AND BOA DASH 25 DASH 0 3 0 53 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED OVERALL ACCESSORY STRUCTURE SQUARE FOOTAGE REPRESENTS A ROUGHLY 40% INCREASE BEYOND THE MAXIMUM ALLOWABLE ACCESSORY STRUCTURE SIZE AS PRESCRIBED BY THE NCD AND TWO GRANTING THE VARIANCE WOULD NOT SUPPORT THE SPIRIT OF THE ORDINANCE, WHICH AIMS TO ENSURE PROPORTIONALITY BETWEEN ACCESSORY STRUCTURES AND THEIR RESPECTIVE PRINCIPAL STRUCTURES.
ONE WAS RETURNED IN FAVOR, ZERO IN OPPOSITION.
THE ALTA VISTA NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND.
SHOWN HERE IS THE SUPPORT RECEIVED BY STAFF FOR THIS REQUEST.
AND THIS CONCLUDES STAFF'S, UH, PRESENTATION.
THE APPLICANT IS PRESENT MANNA COMMISSIONER MANNA.
SO SO, BECAUSE THIS IS AN NCD, SO ANY HOME THAT HAD, WE'LL SAY AN EXISTING STRUCTURE ON IT THAT WAS OVER
[02:30:01]
THE LIMIT, WOULD ALSO RECEIVE THE SAME POSITION FROM THE CITY BECAUSE IT'S NOT BECAUSE IT'S LARGER THAN WHAT IT IS THE NC D'S SUPPORTS.IS THAT CORRECT? THAT'S CORRECT, BECAUSE IT'S EXISTING, UM, THAT THAT WOULD BE FINE TO, TO REMAIN AS IS.
IT'S THE WRECK AND REBUILD THAT, THAT MAKES THE VARIANCE REQUIRED.
THANK YOU FOR THAT CLARIFICATION.
BARTON COMMISSIONER BARTON, UH, WHAT IS THE USE OF THOSE OTHER TWO STRUCTURES ALONG THE ALLEY? SO YEAH, I MIGHT TURN TO THE APPLICANT FOR THAT.
I KNOW THE TWO STORY STRUCTURE IS AN ART STUDIO, I BELIEVE, BUT I BELIEVE THE APPLICANT COULD PROBABLY, UM, GIVE US SOME MORE CLARITY ON THAT.
HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
I'M THE DESIGNER AND CONTRACTOR ON THE PROPERTY AT 5 0 7 WEST CRAIG.
UH, TO ANSWER THE DOCTOR'S, UM, QUESTION, THE GARAGE RIGHT, UH, IN BACK OF THE GARAGE IS A STUDIO, UM, AN ART STUDIO, THE LADY PAINTS, AND THAT'S BASICALLY WHAT IT'S GONNA BE USED FOR.
AND THEN FURTHER BACK IS, UM, LABELED AS THE ONE STORY WOULD, UH, RIGHT NOW IT'S PRETTY MUCH A CONDEMNED, UM, CARRIAGE HOUSE, IF YOU WILL.
IT WAS, I I'M THINKING THAT IT WAS THE ORIGINAL GARAGE, 'CAUSE THAT, THAT ACTUALLY USED TO BE TWO PROPERTIES.
THE ONE ON THE RIGHT HAND SIDE, THE HOUSE BURNT DOWN AND THE, UM, OWNERS WENT AHEAD AND PURCHASED IT AND THEN I GUESS REPLANTED IT TO, UH, COMBINE TO ONE.
SO LET ME ON THE SIDE PLAN RIGHT HERE.
AND WHERE'S THE POOL AT? UH, RIGHT THERE WHERE IT SAYS POOL WITH THE WAVY LITTLE LINES.
I'M TRYING TO FIGURE OUT LIKE, OKAY.
AND THEN, UH, ON THE R STUDIO, IS THERE GONNA BE, UH, WHAT'S ON THE SECOND FLOOR? IS THERE, THERE IS NO SECOND FLOOR.
IT'S A 20, I WANT TO SAY IT'S ABOUT 20 FEET TALL.
OKAY, SO IT'S COMPLETELY 18 FEET.
SO IT ISN'T A TWO STORY, IT'S JUST A, IT'S GONNA BE A SINGLE STORY.
THEY ACTUALLY DO HAVE A STORAGE LOFT THOUGH, BUT IT'S, DOESN'T COVER THE WHOLE PROPERTY.
AND THEN, UM, THE GARAGE CURRENTLY, WAS IT THAT YOU'RE GONNA DEMO AND REBUILD? WE WANTED TO GO AHEAD AND DECONSTRUCT AND, UH, UH, DO BASICALLY DO A WRECK AND BUILD BECAUSE ONE, ONE THING ABOUT THIS, THIS LOT IS A LITTLE BIGGER THAN SOME OF THE ONES AROUND IT.
UM, YOU KNOW, WHEN YOU START THROWING IN ALL THIS EXTRA STUFF TO, THE FIRST THING THAT COMES TO MY MIND IS THE NEED FOR PARKING.
SO CURRENTLY, UH, IF YOU'RE OFF WE WEST CRAIG, IT LOOKS LIKE YOU CAN GET A COUPLE CARS STACKED IN ON THAT DRIVEWAY.
BUT OTHER THAN THAT, IS THERE ANY OTHER OFF STREET PARKING ASIDE FROM THE GARAGE? UM, NO SIR.
UM, THE, UH, TENANTS, WELL, NOT TENANTS, BUT THE OWNERS, UM, ONLY HALF TWO VEHICLES.
SO THE WIFE IS PARKING IN THE, IN THE, UH, GARAGE CAREFULLY OR, UH, SECURELY WHILE THE HUSBAND WILL PARK IN THE FRONT AND GET WET WHILE IT RAINS.
BUT WHEN YOU
BUT YOUR DESIGN ON THE ONE STORY GARAGE, IT'S NOT TO USE IT FOR STORAGE, IT'S ACTUALLY GONNA BE FINISHED LIKE IT WOULD HOUSE VEHICLES.
A A GARAGE, A VEHICLE? YES, SIR.
ANY QUESTIONS FROM THE COMMISSION? HEARING NONE.
IS THERE ANY VOICEMAILS OR THERE'S NO PUBLIC COMMENT? ALL RIGHT, WELL, I GUESS WE'RE READY FOR A MOTION THEN I CAN DO IT.
REGARDING CASE NUMBER BO 8 2 5 103 0 0 1 53, I MOVED AT THE BOARD ADJUSTMENT GRANT, A REQUEST FOR ONE AND 18 OR 818 FOOT OR 818 SQUARE FOOT VARIANCE FROM THE NCD TWO DESIGN CENTER AND MAXIMUM ALLOWABLE ACCESSORY STRUCTURE SIZE TO ALLOW FOR A COMBINED 1,403 SQUARE FEET OF ACCESSORY STRUCTURES TO A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW GARAGE IN THE REAR YARD TO BE ONE INCH FROM THE EAST SIDE PROPERTY LINE.
AND THREE, A 19 FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT GARAGE ENTRY SETBACK TO ALLOW A SIX FOOT GARAGE ENTRY SETBACK SITUATED AT 5 0 7 WEST CRAIG PLACE.
APPLICANT BEING, UH, AIDAN OCHOA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER THIS PROPERTY IS SUCH THAT LAW ENFORCEMENT, THE PROVISIONS OF THE EDC AS AMENDMENT WOULD RESULT IN A UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS THE SIDE AND ENTRY SETBACK THE GARAGE WOULD BE REBUILT TO ITS EXISTING CONFIGURATION, MAINTAINING ACCEPTABLE SEPARATION FROM THE RIGHT OF WAY, APPROXIMATELY 12 FEET FROM THE BACK OF THE SIDEWALK TO THE LOCAL STREET.
UH, THE NCD TWO ACCESSORY STRUCTURE SIZE, THE PROPERTY IS ADEQUATELY SIZED TO SUPPORT THE PROPOSED OVERALL ACCESSORY STRUCTURE.
SQUARE FOOTAGE AS HAS HISTORICALLY BEEN PRESENT, PRESENT ON THE SUBJECT PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, THE LITTLE
[02:35:01]
ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE SIDE AND ENTRY SETBACK.UM, THE VARIANCE WOULD ALLOW FOR THE CONTINUATION OF THIS YARD, THIS REAR YARD GARAGE CONFIGURATION, WHICH IS CHARACTERISTIC OF THIS IMMEDIATE SURROUNDING AREA.
AND THE NCD TWO ACCESSORY STRUCTURE SIZE.
THE, THE CONSERVATION DISTRICT'S LIMITATIONS WOULD NOT, WOULD NOT ALLOW THE PROPOSED RECONSTRUCTION OF THE EXISTING STRUCTURE.
UM, AS PART OF THE OVERALL EFFORT TO REHABILITATE EXISTING PROPERTY.
THREE OF OUR GRANTING THE VARIANCE OF SPARE THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE AS DECIDED IN GARAGE ENTRY SETBACK.
THERE ARE SEVERAL INSTANCES OF SIMILARLY PLACED GARAGES IN THE IMMEDIATE SURROUNDING AREA.
FURTHER, THERE IS ADEQUATE SEPARATION OF THE STRUCTURE FROM STRUCTURE ON, FROM STRUCTURES ON NEIGHBORING PROPERTIES.
AND WITH REGARDS TO NCD TWO ACCESSORY STRUCTURE, SIZE, THE VARIANCE WOULD ALLOW FOR THE RECONSTRUCTION OF DILAPIDATED BUILDINGS WHERE REHAB IS NOT FEASIBLE.
FOUR, THE VARIANCE IS NOT, UH, 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 THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
UH, FIVE, UH, SUBSTANTIAL SUCH, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE PROPERTY USE OF ADJACENT FORM PROPERTY OR ALTER THE ESSENTIAL, UM, CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
UM, AS, UM, WITH REGARDS TO THE SIDE AND ENTRY, UH, SETBACK, THIS APPLICANT IS NOT PROPOSING TO ALTER THE EXISTING CONFIGURATION OF THE GARAGE.
UM, AND THERE ARE SIMILARLY LOCATED GARAGES IN THE IMMEDIATE SURROUNDING AREA.
AND TWO, UH, THE NCD UH, TWO ACCESSORY STRUCTURES.
THE VARIANCE WOULD ALLOW FOR THE CONTINUATION OF HISTORICAL CONDITIONS AND STRUCTURED CONFIGURATIONS RATHER THAN FURTHER INCREASES BEYOND THE MAXIMUM ALLOWABLE SQUARE FOOTAGE.
SIX, APPLY TO THE OWNER FOR THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT.
THE SIDE AND ENTRY SETBACK THE GARAGE IS IN ITS CURRENT CONFIGURATION, HAS EXISTED ON THE PROPERTY SINCE 1985 AND REDUCED SETBACK AS CHARACTERISTIC OF PROPERTIES IN IMMEDIATE SURROUNDING AREA.
AND WITH REGARDS TO THE ACCESSORY STRUCTURE SIZE, THE UH, STRUCTURE PROPOSED WOULD BE A RECONSTRUCTION OF EXISTING GARAGE IN ITS CURRENT FOOTPRINT AND WOULD NOT INCLUDE ANY FURTHER EXPANSION.
SECOND BY COMMISSIONER BRACKMAN.
SO, SO LOOKING AT THE, YOU KNOW, HISTORICAL PICTURES, UM, SO IT, IT IS CORRECT IN THE, THE, UH, IN THE RE AS THE PROPERTY THAT'S RIGHT BEHIND THIS PROPERTY IS BUILT ALMOST EXACTLY, UH, THE SAME FOOTPRINT.
SO, SO I THINK IT IS CONSISTENT WITH THE COMMUNITY.
I THINK BUILDING ON THE SAME FOOTPRINT, UM, UM, WITHOUT CHANGING THAT, UH, IS ALSO, UM, YOU KNOW, RECOGNIZED HERE AS WELL AS IN A PRIOR CASE THIS PARTICULAR COMMUNITY WAS AN OBJECTION.
UM, AND BECAUSE THEY DIDN'T PARTICIPATE IN THIS, I'M GONNA ASSUME THAT THEY'RE OKAY WITH THIS AS READ.
THANK YOU COMMISSIONER BRACKMAN.
I CONCUR WITH MY COLLEAGUE AL BE IN SUPPORT.
ANY OTHER COMMERS LIKE TO ADD HEARING NONE? UH, LET HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
CHAIR ORIENT AND I CONCUR THE FINDINGS OF FACT.
AND JUST ONE LITTLE NOTE, Y'ALL ARE LIKE WAY EASIER THAN HGRC.
'CAUSE HAD I NOT BEEN HERE
WELL, THERE'S NO ONE ELSE IN THE ROOM.
IS THE APPLICANT FOR 12 HERE? HE WAS PRESENT.
UM, HE SAID HE'S ON HIS WAY BACK.
WELL I, WHAT WE'RE GONNA DO IS A MINUTES FIRST, UM, JUST TO, TO LAY A MINUTE OR SO.
SO IS THERE ANY COMMENTS? THE MINUTES? I HAD A FEW.
ANYONE ELSE? YEAH, AND JUST, JUST AS A COMMENT ON THE MINUTES, SO SINCE WE HAVE SOME TIME HERE, SO, SO I DID GET A NOTICE FROM THE CITY WITH REGARDS TO UPDATES TO THE MINUTES AND ANOTHER PDF WAS SENT AND SO NOW WE HAVE TWO BOOKS OF RECORD.
UM, SO WE HAD THE PDF THAT WAS SENT IN THE EMAIL VERSUS WHAT WAS POSTED ONLINE.
AND SO MY RECOMMENDATION WOULD BE THAT WHENEVER THERE IS AN UPDATE, REFERENCE THE SOURCE WHERE THAT DATA IS AND IF IT'S ONLINE, WHICH IS WHERE IT PROBABLY SHOULD BE, SAY THAT THE UPDATES HAVE BEEN MADE TO THE ONE ONLINE BECAUSE I READ IT JUST BEFORE OR WHILE IT WAS THAT THE EMAIL WAS GOING OUT AND I DIDN'T KNOW WHICH ONE WAS THE CORRECT ONE.
SO MY PREFERENCE WOULD BE THAT
[02:40:01]
REFERENCE THE POSTED ONE AND MAKE THE CHANGES TO IT, YOU KNOW, AS WE GO THROUGH.AND SO, BUT THAT SAID, I DIDN'T SEE ANY CHANGES.
THE ONE THAT WAS POSTED WITH THE AGENDA.
DID MY STUFF GET CAUGHT IN THERE ALREADY? UH, YOU SENT YOUR EMAIL AFTER THE AGENDA WAS POSTED.
'CAUSE NOW WE HAVE THAT THREE FULL DAYS, BUT IF WE EVER GET THAT, UM, AND WE RESEND IT OUT, WE'LL MAKE SURE WE TELL YOU WHAT WAS CHANGED AND IT'S CLEARLY STATED WELL, SO, OKAY, SO, SO WHY SO WHY WOULD IT BE THAT WE WOULDN'T CHANGE THAT ONE? BE, YOU KNOW, AS PEOPLE MAKE THEIR CHANGES? SO IS THAT WE'RE WAITING FOR EVERYBODY TO AGREE THOSE CHANGES OR THAT'S WHAT THIS YEAH, USUALLY WE GET ANY ADJUSTMENTS BEFORE WE POST THE AGENDA.
IT'S JUST HAPPENED THAT THIS ONE WE RECEIVED THE DAY AFTER WE POSTED.
SO OBVIOUSLY WE COULDN'T CHANGE WHAT WAS ONLINE.
AND WHY IS THAT? UH, WE CAN'T REPO, WE CAN'T REPOST WITHIN THREE BUSINESS DAYS NOW THREE FULL BUSINESS DAYS.
YEAH, THAT BECOMES THE RECORD, THAT PART OF THE AGENDA.
SO TECHNICALLY ANY, ANY CHANGES I SUBMITTED, IT'S, WE HAVE TO ADOPT AS AMENDED, BUT Y'ALL DON'T KNOW WHAT I CHANGED.
UM, SO IT WAS THE CASE THAT WAS DENIED.
UM, WE DIDN'T, THE, IT WAS A FOR A ONE INCH VARIANCE, BUT THE, THE WAY THE MOTION WAS READ, IT WAS FOR A THREE FOOT VARIANCE FOR A TWO FOOT SETBACK.
YEAH, WE DIDN'T CHANGE IT 'CAUSE IT WAS DENIED.
SO ONE OF THE THINGS I MENTIONED AT THE LAST MEETING WAS HAVING A WORKING DIRECTORY, YOU KNOW, WHERE MAYBE IT IS AT, YOU KNOW, WE HAD THE OFFICIAL POSTING BUT ALSO SOMETHING THAT WE'RE WORKING WITH SO THAT WAY WE CAN GO BACK AND TAKE A LOOK AT THAT TO SEE AS WE'RE WORKING THROUGH THAT.
WOULD THAT LIKE A RED LINE, LIKE A YEAH.
SO, SO, SO BASICALLY SOMETHING THAT WE CAN WORK THROUGH AS WE'RE SEEING THOSE DOCUMENTS BEING MADE, UM, YOU KNOW, TO RECOGNIZE THAT THAT IS BEING CAUGHT.
WE'LL, WE'LL WE'LL MAKE IT CLEAR, UH, ESPECIALLY IF IT'S AFTER THE POSTING.
SO BASICALLY THE DRAFT MINUTES WERE POSTED AND WE WILL FI HAVE A FINAL VERSION OF THE MINUTES POSTED AFTER YOU GUYS HAVE MADE YOUR VOTE.
SO, SO THAT'S, SO YOU DO GO BACK AND CHANGE WHATEVER, WHATEVER IT WAS POSTED THREE DAYS OUT? WE DON'T TAKE, YEAH, WE DON'T TAKE THE ORIGINAL DRAFT OUT BECAUSE AGAIN, IT'S THE DRAFT VERSION, BUT WE DO PUT UP A FINAL VERSION.
OH, I GUESS I'VE NEVER SEEN, I GUESS I'VE NEVER GONE BACK TO SEE WE ACTUALLY DO POST TWO, A SIGNED COPY, LIKE THE ONE THAT'S, UH, SIGNED BY THE, UH, CHAIR AND UH, I THINK THE ASSISTANT DIRECTOR OR THE DIRECTOR.
BUT IS THAT CHANGED ONLINE OR IS IT JUST, OR LAST CASE BECAUSE IT, OKAY, SO THERE IS THERE A SECOND? UM, A SECOND MINUTES DOES GET ATTACHED TO THE EXISTING MEETING'S RECORD.
SO IS IF, UH, IF THERE'S ANY OTHER AMENDMENTS TO THE MINUTES LOOKING FOR A MOTION TO, TO ADOPT AS AMENDED BY WHATEVER THEY GOT BETWEEN THEY WERE POSTED IN TODAY.
SECOND BY COMMISSIONER BRAGMAN.
ANY OPPOSED? UH, HEARING NONE.
UH, WE'RE GONNA, I THINK WE SHOULD HEAR ITEM NUMBER 12.
UH, I NEED TO, UH, LEAVE THE MEETING.
SO AT IT IS 3 56, COMMISSIONER CRUZ IS LEAVING THE MEETING.
SORRY, DID YOU THINK IT WAS LATER OR EARLIER? OH, SO ITEM 12, YOU'VE GOT THREE MINUTES.
IN CONS, DISTRICT THREE, THE APPLICANT IS ROBERT GRANT AND HE'S REQUESTING A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT PREDO.
PREDOMINANTLY OPEN FENCE TO ALLOW A SIX FOOT FOUR INCH, PREDOMINANTLY OPEN FENCE WITH EIGHT FOOT SUPPORTING BEAMS. THE ZONE IS C3.
THE SUBJECT PROPERTY IS LOCATED ALONG THE IH 37 SOUTH ACCESS ROAD AT THE INTERSECTION WITH P CAMP VALLEY DRIVE.
THE EXISTING STRUCTURE IS CURRENTLY BEING REMODELED FROM ITS FORMER FULL SERVICE AUTOMOTIVE GARAGE USE.
THE PROPOSED NEW USE IS FOR USED MOTOR VEHICLE SALES AND A DETAILING AND MAKE READY SERVICE.
ACCORDING TO THE APPLICANT, THE PREDO PREDOMINANTLY OPEN CHAIN LINK FENCE WAS RECENTLY INSTALLED AFTER APPROXIMATELY 80 FEET OF FENCING WAS DAMAGED FROM A VEHICLE ACCIDENT.
HOWEVER, THE HEIGHT OF THE FENCE EXCEEDS THE MAXIMUM ALLOWABLE HEIGHT REQUIRED FOR THE FRONT YARD FOR THE COMMERCIAL ZONE AND DISTRICT NECESSITATING
[02:45:01]
THE REQUEST BEFORE THE BOARD FOR REVIEW.THE PROPERTY IS PERMITTED AN EIGHT FOOT FENCE ON THE SIDE AND REAR AS IT ABUTS AN ARTERIAL STREET ON THE SIDE.
IF THE VARIANCE IS APPROVED, THE APPLICANT WILL BE REQUIRED TO SUBMIT AN ADMINISTRATIVE EXCEPTION VARIANCE REQUEST TO ALLOW THE USE OF BARBED WIRE.
THE TRAFFIC SECTION REVIEWED THE REQUEST AND CONCLUDED, CONCLUDED THERE IS NO SITE VISION ISSUE.
AND IN THE SITE PLAN WE'RE HIGHLIGHTING THE FRONT YARD AREA DUE TO THE FACT THAT THE EIGHT FOOT FENCE IS PERMITTED ON THE SIDE AND REAR DUE TO THE ARTERIAL.
THIS IS A HISTORICAL VIEW OF THE PROPERTY.
UM, THE FRONT YARD FENCING ISN'T IN PLACE AS YET, BUT THERE ARE VIEWS IN THE FOLLOWING SLIDE FROM 2022 THAT SHOWS, UM, EXISTING FENCING.
AND THIS IS LOCATED TO BOTH SIDES ALONG THE ARTERIAL AND PILE STREET.
THIS IS THE CURRENT VIEW OF THE PROPERTY UNDER RENOVATION WITH THE NEW FENCE IN.
AND THIS IS A VIEW FROM PY STREET AND THE FENCE HEIGHT, UM, MEASUREMENTS, THIS IS THE SURROUNDING AREAS STAFF'S RECOMMENDATION FOR THE FENCE HEIGHT.
SPECIAL EXCEPTION IS AN APPROVAL IN BO OA DASH 25 DASH 0 3 0 1 66 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCE HEIGHT SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT AS IT MAINTAINS VISIBILITY OF THE PROPERTY AND COMPLIES WITH SIDE DISTANCE REQUIREMENTS.
AND TWO, THE FENCE HEIGHT SPECIAL EXCEPTION WILL ENHANCE THE SECURITY AND SAFETY OF THE PROPERTY BY HELPING TO REDUCE THE RISK OF THEFT AND VANDALISM.
19 NOTICES WERE MAILED, THREE ARE IN FAVOR AND THE REMAINING THREE ARE JUST OUTSIDE THAT 200 FEET RADIUS.
HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION IS ALSO IN SUPPORT AND THIS IS THE, UM, PETITION THAT THE APPLICANT PROVIDED.
AND IN GREEN STAR WOULD BE THOSE LOCATED JUST OUTSIDE THE 200 FEET AND THE OTHERS ARE WITHIN.
AND THIS IS THE SUPPORT PROVIDED BY THE HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES TASK'S PRESENTATION AND THE APPLICANT IS PRESENT.
LISTEN, THE APPLICANT COME FORWARD.
SORRY, I NEED TO CATCH MY BREATH.
ALL, I WASN'T GONNA BE UP TILL FIVE O'CLOCK AND I HAD TO FINISH FILING A POLICE REPORT ON SOMETHING THAT HAPPENED OVER THE WEEKEND AT SOME OF MY OTHER BUILDINGS.
ANYWAY, UH, BEEP BIT OF BEEP, BRIEF BIT OF BACKGROUND ON THE PROPERTY ITSELF.
CAN SIR, CAN YOU STATE YOUR NAME, SIR? I'M SORRY.
UH, ROB GRANT, 13 AND 9 0 7 BLUFF LANE, SAN ANTONIO.
UH, I PURCHASED THE PROPERTY BACK IN UH, FEBRUARY.
UH, A FRIEND OF MINE HAD OWNED IT FOR DECADES AND I WAS THE FIRST PERSON, UH, HE THOUGHT OF, UH, TO TAKE ON A RATHER ODD, ODD PROJECT LIKE THIS.
I DO A LOT OF INNER CITY, UH, REDEVELOPMENT ALL OVER THE, UH, SOUTH AND WEST SIDES OF TOWN.
BEEN DOING IT FOR 42 YEARS TOTAL, AND I OWN MULTIPLE BUILDINGS JUST ACROSS THE, UH, ACROSS THE HIGHWAY THERE.
UH, THE FENCE PROJECT IS PART OF A, A COMPLETE REDEVELOPMENT, UH, OF THE CORNER THAT I'M DOING.
UH, THE FENCE ITSELF, UH, THERE WAS A, THERE WAS A FENCE ON THE PROPERTY AT SIX FOOT FOR APPROXIMATELY 35 YEARS.
UH, BACK TO GOING BACK EVEN TO THE FIFTIES.
UH, THERE, THERE WAS THIS BUSINESS ON THERE AND, UM, EVERYTHING HAD FALLEN OUTTA REPAIR, I'M SURE, UH, THAT JULES SHOWED YOU GUYS SOME, UH, PHOTO SHIFTS BEFORE I ARRIVED.
EVERYTHING WAS VERY OVERGROWN AND, UH, IT WAS A HAVEN FOR, UH, FOR THE HOMELESS AND VAGRANT TO, TO BE HANGING OUT MUCH, MUCH TO THE, UH, DETRIMENT OF THE, UH, SURROUNDING NEIGHBORHOOD THERE.
SO, UH, UH, AFTER I, AFTER I UH, FINISHED MY PROPERTY PURCHASE, I WASN'T SURE EXACTLY WHAT I WAS GONNA DO WITH IT.
UH, A LOT OF MY PURCHASE HAD TO DO WITH THE FACT THAT IT HAD A LARGE, UH, PILE ON, UH, BILLBOARD, HIGHWAY BILLBOARD ON THE PROPERTY.
AND, UM, THE BUILDING WAS KIND OF AN AFTERTHOUGHT.
UH, I WASN'T SURE WHAT I WAS GONNA DO TO IT, SO I DECIDED TO PUT A FOR INFORMATION SIGN ON IT.
UH, WOUND UP, UH, FINDING A GUY WHO IS ALIGNED WITH, UH, DOO VARA CHEVROLET.
AND THERE'S SO MANY CARS APPARENTLY COMING BACK TO DOMINGO VARA ON, UH, ON THAT HAD BEEN REPOSSESSED.
THEY HAVE, THEY HAVE STRUCK AN AGREEMENT THAT THIS WILL BE A, BASICALLY A SATELLITE LOCATION FOR, UH, RE YOU KNOW, FAIRLY RECENT, UH, CARS.
MOST OF THE CARS I'M TOLD ARE GONNA BE ANYWHERE BETWEEN, UH, THREE TO ONE YEARS OLD THAT THEY'RE GONNA BE SELLING.
IT'S NOT GONNA BE SOME JUNK UP USED CAR LOT.
THE REST OF MY PORTFOLIO PROPERTIES AROUND
[02:50:01]
SAN ANTONIO IS COMMERCIAL SHOPPING CENTERS.I HAVE A NATIONAL COMPANY IN EVERY SINGLE LEASE SPACE IN EVERY SINGLE BUILDING.
I'M JUST USED TO THINGS BEING AT A, A QUITE NICE STANDARD.
ALL MY TENANTS, WHETHER IT BE WALGREENS, UH, AUTOZONE, DOMINO'S PIZZA, EVERYBODY EXPECTS IT TO BE AT A HIGH STANDARD AND IT'S THE ONLY WAY I OPERATE.
SO, UH, WE, I WOUND UP, UH, COMPLETELY RENOVATING THE PROPERTY.
IT'S GONNA BE BASICALLY FINISHED, I'D SAY IN ABOUT 30 DAYS TIME.
BUT WITH THE NATURE OF THE USE BEING CAR LOT AND BEING IN THIS AREA, IT NEEDED MORE SECURITY.
PART OF THAT SECURITY WILL BE PROVIDED BY, UH, SOME, SOME PROPER DIRECTIONAL SECURITY LIGHTING ALL AROUND THE PERIMETER.
I'M GONNA BE VERY SENSITIVE TO MY SECURITY LIGHTING, PARTICULARLY ON THE, UH, RESIDENTIAL SIDE.
I'VE GOTTEN TO KNOW EVERYONE OVER THERE.
THEY SEE ME WORKING AND ON THE SHOVEL AND WHATEVER I NEED TO DO, WE WAVE AS THEY GO BY.
SO, UH, IT'S, UH, IT'S, IT IS QUITE WORKABLE AT THIS POINT AND I APPRECIATE THEM WATCHING OUT, UH, FOR THE PROPERTY ALSO.
'CAUSE IF THERE WAS ANYBODY COMING OVER THERE, THEY CALL ME IMMEDIATELY.
SO, BUT BY VIRTUE OF THE NATURE OF BEING RATHER NEW CARS, WE JUST NEED MORE SECURITY AND THAT'S REALLY WHERE THE FENCE CAME IN WHEN I ORIGINALLY APPLIED FOR THE FENCE PERMIT AND PARTICULARLY SINCE THERE WAS A SIX FOOT PERIMETER FENCE AROUND TWO THIRDS OF THE PROPERTY AND THE BEGINNING TIME, I NEVER EVEN NEVER IMAGINED THAT, UH, THAT THERE WOULD BE A LIMITATION ON, ON FIVE FEET.
SO THAT CAME AS A BIT OF A SURPRISE, UH, WHEN I WENT THROUGH THE, UH, THE FENCE, UH, PERMIT PROCESS.
SO THAT'S BASICALLY THE, THAT, THAT'S WHAT PRECIPITATED THE, THE CASE TODAY IS THE, THE KNEE ADD THAT, THAT ONE MORE FOOT FENCE LINE TO JUST TO MAKE IT HARDER FOR PEOPLE TO GET OVER.
THERE'LL BE OTHER SECURITY AND CAMERAS ON THE PROPERTY ANYWAY, BUT THE, UH, THE UH, MAN WHO'S GONNA BE OPERATING THE BUSINESS, UH, WHO'S BEEN IN BUSINESS, UH, DOING WHAT HE DOES FOR 16 YEARS, VERY EXPERIENCED OPERATOR.
UH, HE JUST FELT SAFER WITH, WITH A FULL SIX FOOT SET FENCE ON THE COMPLETE PARAMETER.
ALRIGHT, SO IF YOU HAVE ANY QUESTIONS, BE HAPPY TO TRY TO ANSWER.
WELL WE DO HAVE A VOICEMAIL ON THIS ONE, I BELIEVE.
SO WE'LL HEAR THAT AND THEN WE'LL SEE IF THERE'S ANY QUESTIONS.
YES, THIS IS ERNEST SANCHEZ AT 2 0 5 ACLA STREET.
THE, UH, PROPERTY WE'RE TALKING ABOUT IS 6 6 3 5 PECAN VALLEY DRIVE, AND THE CASE NUMBER IS THE LAST THREE IS 1 6 6.
AND I DO APPROVE, I DO SUPPORT, UM, THE FENCING DUE TO THE FACT THAT WE DO HAVE A LOT OF HOMELESS UNDERNEATH THAT BRIDGE.
AND BEFORE IT WAS, UH, RENOVATED, WE USED TO, UH, I USED TO CALL IN TO THE POLICE DEPARTMENT, UH, ABOUT THE HOMELESS GOING TO THAT PROPERTY.
I UNDERSTAND WHERE HE IS COMING FROM.
MY PHONE NUMBER IS TWO TEN THREE NINE SIX ZERO SEVEN NINE NINE.
IS THERE ANY QUESTIONS FOR THE APPLICANT? NO.
SO, SO IS THE, UM, SO SO YOU'RE LOOKING FOR THE SIX FOOT WRAPAROUND THERE.
IS THERE GONNA BE BARBED WIRE BY THAT OR IS IT UH, YES, WE WOULD LIKE, AND THAT'S GONNA BE BY A, BY A SEPARATE, UH, UH, PIECE OF PAPERWORK WITH THE CITY OF SAN ANTONIO.
I'VE READ THAT'S ALREADY BEEN UNDERSTOOD AND WE HAVE PLANS TO DO THAT, UH, SHORTLY.
SO, SO FROM A UM, MOTION PERSPECTIVE, WE DON'T NEED TO CONSIDER IT BECAUSE THAT WILL BE PROVIDED BY RIGHT.
ANY OTHER QUESTIONS? UNA COMMISSIONER UNA, JUST A QUESTION ON CLEAR VISION.
I, I GUESS THERE'S NO ISSUES WITH CLEAR VISION WITH THE, UH, FENCING UP TO CORRECT.
UH, THE TRAFFIC DEPARTMENT REVIEWED THIS.
THEY DETERMINED NO SITE DISTANCE ISSUES WITH THIS.
ANYONE ELSE? IT IS CYCLONE FENCE.
IT'S NOT AS IF IT'S A SOLID WOOD FENCE AND I'VE STUDIED IF IT WAS A PROBLEM I WOULDN'T BE BILLING IT ANYWAY.
ALRIGHT, SO I'M LOOKING FOR A MOTION.
BON BRAGMAN COMMISSIONER BECK BON.
IS THERE A QUESTION? BONNI? YES.
COMM COMMISSIONER BONNI REGARDING CASE NUMBER BO OA 2 5 1 0 3 0 0 1 6 6, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, UH, A REQUEST FOR A THREE FOOT SPECIAL EXCEPTION FROM THE FIVE FOOT, FROM THE MAXIMUM FIVE FOOT, PREDOMINANTLY OPEN FENCE TO ALLOW A SIX FOOT, FOUR INCH PREDOMINANTLY OPEN FENCE WITH A, UH, WITH EIGHT FOOT SUPPORTING BEAM SITUATED AT 66 35 PECAN VALLEY DRIVE, APPLICANT BEAM ROBERT GRANT, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE, UH, DETERMINED SHOW THAT THE PHYSICAL CHARACTERISTIC OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY, UNNECESSARY, UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL, SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND THE PURPOSE OF THE CHAPTER AS THE PROPERTY IS LOCATED OFF AN ARTERIAL AND HIGHWAY GRANTING THIS SPECIAL EXEMPTION WOULD ENHANCE SECURITY AND SAFETY AGAINST THEFT AND VANDALISM
[02:55:01]
FOR THE PROPOSED BUSINESS AND WOULD NOT CREATE A SITE DISTANCE ISSUE.B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY, SUBSTANTIALLY SERVED AS THE FENCE IS PREDO PREDOMINANTLY OPEN AND MAINTAINS VISUAL OPENNESS TO WELCOME PATRONS OF THE PROPOSED BUSINESS SEA.
THE NEIGHBORING PROPERTY WILL BE SUBSTANTIALLY, UH, WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE AS THE FENCE MAINTAINS THE REQUIRED SITE DISTANCE AND WOULD NOT OBSTRUCT VISIBILITY ONTO PEON VALLEY DRIVE AND PYLE STREET D.
THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT AS THE FENCE PRESERVES VISUAL OPENNESS TO THE PROPERTY WHILE ENHANCING SECURITY AND MAINTAINING THE OVERALL AESTHETIC OF THE AREA.
E THE SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS.
HEREON ESTABLISHED FOR THE, THE SPECIFIC DISTRICT AS THE PREDOMINANT PREDOMINANTLY OPEN DESIGN MAINTAINS, UH, VISIBILITY OF THE PROPERTY, COMPLIES WITH THE SITE DISTANCE REQUIREMENTS AND PRESERVES THE ESSENTIAL CHARACTER OF THE DISTRICT, UH, IN MOTION.
SECOND BY COMMISSIONER BRAGMAN.
YEAH, I'LL BE IN SUPPORT OF THIS.
UM, THE GENTLEMAN SEEMS LIKE HE HAS, UH, VAST KNOWLEDGE AND EXPERTISE OF THESE TYPE OF DEVELOPMENTS.
UH, I'M FAMILIAR WITH THIS EXACT, UH, PROPERTY AND IT HAS BEEN, IT, IT HAS BEEN VERY DISTRESSED FOR A NUMBER OF YEARS.
THERE'S A LOT, A LOT OF, JUST, JUST A LOT OF FRAGRANCE IN THIS AREA, SO I THINK THAT'D BE GOOD FOR IT TO HAVE A, A GOOD ESTABLISHMENT LIKE VADA CHEVROLET THERE AND, UM, AND KIND OF, KIND OF CLEAN THIS AREA UP.
SO I'M IN SUPPORT COMMISSIONER BRAGMAN.
UM, I CONCUR WITH MY COLLEAGUES FOR ALL THE SAME REASONS, SO I'LL BE IN SUPPORT.
ALRIGHT, IF THERE'S ANYONE ELSE LIKE TO ADD HEARING NONE.
SO IS THERE A DIRECTOR'S REPORT? NOTHING FROM THE NO REPORT.
SO WE'LL SEE ALL OF Y'ALL ON TUESDAY NEXT WEEK FOR OUR EXTRA MEETING.