[00:00:01]
WE'RE GONNA GO AHEAD AND GET STARTED.I CALL THIS MEETING, UH, END OF SESSION.
WE CAN HAVE A SPANISH INTERPRETER COME OUT PLEASE.
AND LET'S HAVE A ROLL CALL PLEASE.
COMMISSIONER BENAVIDES PRESENT.
COMMISSIONER BONNI, PRESENT CHAIR ORIAN.
SO WE HAVE NINE WE UH, WHICH IS MINIMUM FOR A QUORUM.
IF EVERYONE CAN PLEASE STAND AND JOIN ME IN THE PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC FOR WHICH THIS HAS ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
ALL RIGHT, LET THE RECORD SHOW 1 0 7.
COMMISSIONER ZUNA HAS JOINED THE MEETING.
[ Briefing and Possible Action on the following items ]
PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
THE FOLLOWING, THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME OF THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF COMPETE IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE LAW AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DEC FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 5.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES 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 RELEASE SOUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS AND ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE SUBMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE WITH SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
UPON THIS PRESENTATION AND QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE, LIKE FOR THOSE THAT SIGNED 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 IN SUPPORT IN OPPOSITION WILL BE ALLOWED TO MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT LIKE TO GIVE WITH THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALLOWED OF MAXIMUM TWO PEOPLE GIVEN WITH THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE LI THREE MINUTE TIME LIMIT ALONG
[00:05:01]
WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.UH, SO WE WE'RE GONNA GET RID OF SOME HOUSEKEEPING TO BEGIN WITH.
WE HAVE THREE CASES THAT HAVE REQUESTED A CONTINUANCE, SO WE'RE GOING TO KNOCK THOSE OUT.
THE FIRST ONE IS ITEM NUMBER TWO.
WHO'S REQUESTING A CONTINUANCE TO OCTOBER 6TH? OKAY.
SO IF I CAN READ THAT INTO THE RECORD REAL QUICK.
BO OA ITEM NUMBER TWO, BO 8 25 103 0 0 1 6 0 REQUEST BY UH, BONITA CORDOVA FOR 185 FOOT VARIANT FOR THE REQUIRED 200 FOOT SEPARATION.
TO ALLOW A MOBILE FOOD COURT WITHIN 15 FEET OF A RESIDENTIAL ZONED OR USE LOT LOCATED 38 0 3 SOUTHWEST MILITARY STAFF RECOMMEND RECOMMENDING DENIAL REQUESTING A CONTINUANCE TO OCTOBER 6TH.
NO PUBLIC THAT COMMENT? ALRIGHT, UH, IS THERE A COMMISSIONER THAT'D LIKE TO MAKE A MOTION ON THAT MOVE TO CONTINUE? OCTOBER 6TH.
SECOND HERE WE MOTION IS SECOND.
ANY OPPOSED? UH, MOTION PASSES.
UH, WHO WAS THE, WHO WAS THE SECOND? I'M SORRY.
UH, BRAGMAN WAS, WAS THERE ANY PUBLIC COMMENT ON THAT CASE, SIR? NO, NOT ON THAT ONE.
UH, THE NEXT ITEM I HAD WAS ITEM NUMBER, UM, 10, WHICH I HAVE TO RECUSE FROM.
SO I WILL BE LEADING REAL QUICK IF YOU WANT.
SO ITEM NUMBER 11, UH, BO O 8 25 103 1 0 0 0 1 7 6.
REQUEST BY A UH, ALFREDO ENRIQUE DEVA REQUEST FOR UH, 787 AND A HALF SQUARE FOOT VARIANT FOR THE NCD FIVE STANDARD TO ALLOW MAXIMUM ACCESSORY STRUCTURE FOR A COMBINED 1500 SQUARE FEET.
A TWO FOOT FOUR INCH VARI FOR THE MINIMUM FIVE FOOT SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE TWO FEET EIGHT INCHES FROM THE PROPERTY LINE AND A TWO FOOT NINE INCH VARI FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ACCESSORY STRUCTURE TO BE TWO FOOT THREE INCHES FROM THE WESTERN PROPERTY LINE.
AND 190 FOOT VARIANCE SQUARE FOOT VARIANCE FOR THE MAXIMUM 890 SQUARE FOOT TO ALLOW A 1080 SQUARE FOOT DETACHED ACCESSORY DWELLING LOCATED AT 7 0 3 WEST ROSEWOOD AVENUE.
UM, THEY ARE REQUESTING, UH, CONTINUANCE TO THE 20TH OF OCTOBER AND WE DO HAVE TWO VOICEMAILS ON THAT ONE.
HELLO, MY NAME IS CYNTHIA WALKER.
I LIVE AT 10 38 WEST SUMMIT AVENUE AND MY PHONE NUMBER IS EIGHT 1-848-929-NINE.
I'M CALLING IN REFERENCE TO CASE NUMBER BOA 25 DASH 1 0 3 0 0 1 7 6 7 0 3 WEST ROSEWOOD AVENUE.
DEAR BOARD OF ADJUSTMENT MEMBERS, BY THE WAY, I'M CALLING FOR BEACON HILL NEIGHBORHOOD ASSOCIATION DEAR BOARD OF ADJUSTMENT MEMBERS BEACON HILL AREA NEIGHBORHOOD ASSOCIATION.
REQUEST A CONTINUANCE ON THIS CASE UNTIL AFTER OCTOBER 6TH WHEN THE APPLICANT, MR. ALFREDO ENRIQUE RIVA WILL BE ABLE TO PRESENT TO THE RESIDENCE OF BEACON HILL AT OUR NEIGHBORHOOD ASSOCIATION MEETING.
WE UNDERSTAND FROM MIRACLE MARVI FROM DSC THAT THE PROPERTY OWNER AGREED TO REQUEST A CONTINUANCE TO THE OCTOBER 20TH BOA MEETING, BUT WE DIDN'T.
BUT WE DID NOTICE THIS PROPERTY WAS STILL ON THE JENNIFER'S SEPTEMBER 30TH.
IF A CONTINUANCE IS NOT GRANTED, WE RESPECTFULLY ASK THAT YOU DENY THE APPLICANT'S REQUEST FOR AN INCREASE TO THE SQUARE FOOTAGE OF ACCESSORY STRUCTURES AS WELL AS REAR INSIDE SET BACK VARIANCES WHICH GO AGAINST OUR NCD FIVE STANDARDS.
WE WOULD LIKE TO GIVE THE OPPORTUNITY, YOUR HONOR, THE OPPORTUNITY TO PRESENT THIS CASE TO THE NEIGHBORHOOD.
HELLO, MY NAME IS ROBIN ROGERS AND I LIVE AT 7 0 2 WEST ROSEWOOD AVENUE.
UM, MY TELEPHONE NUMBER IS (210) 725-4860.
I AM SUBMITTING THIS PUBLIC COMMENT REGARDING CASE NUMBER B OH A 2 5 0 3 1 7 6 FOR THE PROPERTY AT 7 0 3 WEST ROSEWOOD AVENUE.
I STRONGLY OPPOSE THIS VARIANCE REQUEST VIA APPLICANT IS SEEKING APPROVAL FOR MASSIVE CONSTRUCTION THAT WAS ILLEGALLY STARTED BY A PRIOR OWNER AND KNOWINGLY REMODELED BY THEM IN DELIBERATE VIOLATION OF CITY CODE.
FIRST, THE HARDSHIP ITSELF CREATED.
THE APPLICANT FAILED TO PERFORM DUE DILIGENCE BEFORE PURCHASING THE PROPERTY AND CONTINUED THE ILLEGAL CONSTRUCTION EVEN AFTER A JOB WORK ORDER WAS ISSUED.
THEIR REMODEL WAS, WAS A KNOWING DISREGARD FOR THE RULES.
SECOND, APPROVING THESE VARIANCES WOULD SUBSTANTIALLY HARM OUR NEIGHBORHOOD.
THE REQUESTED 1080 SQUARE FOOT DETACHED DWELLING AND OVER 1500 TOTAL SQUARE FEET OF ACCESSORY STRUCTURES ARE A GROWTH OVERDEVELOPMENT OF OUR SINGLE FAMILY DISTRICT CREATING EXCESSIVE DENSITY.
THE PROJECT ALSO CREATES SIGNIFICANT PARKING PROBLEMS AND BY VIOLATES
[00:10:01]
ESSENTIAL SETBACK REQUIREMENTS, NEGATIVELY IMPACTING ADJACENT PROPERTIES BY BLOCKING LIGHT AND AIR.THIRD, GRANTING THIS REQUEST WOULD SET A DANGEROUS PRECEDENT.
IT WOULD SIGNAL TO FUTURE DEVELOP DEVELOPERS THAT THEY CAN ILLEGALLY CONSTRUCT BUILDINGS AND THEN SEEK RETROACTIVE APPROVAL UNDERMINING THE CITY'S CODE ENFORCEMENT AND OUR COMMUNITY STANDARDS.
I URGE THE BOARD TO DENY THIS VARIANCE REQUEST AND UPHOLD THE INTEGRITY OF OUR NEIGHBORHOOD.
THAT'S ALL THE PUBLIC COMMENTS.
UH, WITH THAT THEY'RE REQUESTING UNTIL OCTOBER 20TH AS THERE COMMISSIONER, I'D LIKE TO MAKE A MOTION MOVE TO CONTINUE TO OCTOBER 20TH.
I HAVE A MOTION BY COMMISSIONER BARRINGTON.
SECOND BY COMMISSIONER BRAGMAN.
UM, ANY OPPOSED? HEARING NONE.
THE CASES CONTINUE TO OCTOBER 20TH.
I'M NOW PASSING, UM, THE GAVEL OVER TO COMMISSIONER ZUNA FROM MY RECUSAL ON ITEM NUMBER 10.
SO REGARDING CASE NUMBER 10, THIS IS SEEKING A CONTINUANCE AS WELL.
I'M GONNA READ IT TO THE RECORD REAL QUICK.
REQUEST BY UH, KFM ENGINEERING AND DESIGN FOR A 10 FOOT VARIANT FOR THE MINIMUM 30 FOOT, UH, SETBACK TO ALLOW A 20 FOOT REAR SETBACK LOCATED AT 83 30 EIGHTH BROADWAY STREET.
RECOMMENDED APPROVAL, UM, APPLICANT REQUESTING A CONTINUANCE TO THE OCTOBER 20TH MEETING.
DO WE HAVE A MOTION FOR CONTINUANCE? MOVE TO CONTINUE TO OCTOBER 20TH? SECOND.
THE CON CONTINUANCE DOES PASS.
ITEM NUMBER ONE IS CASE NUMBER BO OA DASH 25 DASH 0 3 0 1 5 2.
THE ADDRESS BEING 1 4 3 1 4 5 AND 1 4 7 FOREST AVENUE IN COUNCIL DISTRICT FIVE.
THE APPLICANT IS ANTHONY ALMARAZ IN THE ROOM.
HEY, LET'S JUST WAIT A SECOND.
UM, WE ARE GONNA HAVE 11 SOON AND IN ABOUT AN HOUR ESTIMATE, I'M THINKING ABOUT GOING TO THE APPROVALS FIRST AND HITTING THE DENIALS, UH, UNTIL WE HAVE A FULL BOARD.
UH, THE NEXT, UH, I APOLOGIZE FOR THOSE, UH, IF THAT WAS YOUR CASE, BUT, UH, WHAT HAPPENS IS IS THAT WE HAVE TO HAVE NINE VOTES SO THERE'S 10 PEOPLE SEATED.
UH, SO ANYTIME STAFF IS RECOMMENDING A DENIAL, WE USUALLY LIKE TO HAVE A FULL BOARD JUST TO GIVE THAT BENEFIT TO THE APPLICANT.
SO WE'RE GONNA MOVE TO ITEM NUMBER THREE.
UH, LOCATED AT ONE 16 ROSE LANE WHERE STAFF IS RECOMMENDING APPROVAL.
ITEM NUMBER THREE IS BO OA DASH 25 DASH 0 3 0 0 1 6 5 LOCATED AT 1 1 6 ROSE LANE.
IN CONS DISTRICT THREE, THE APPLICANT IS JOSE EDUARDO FLORES GARRIDO.
A REQUEST FOR ONE A 1,101 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT ON A 4,899 SQUARE FOOT LOT.
AND TWO A NINE FOOT VARIANCE FROM THE MINIMUM REQUIRED 50 FOOT LOT WIDTH TO ALLOW A DEVELOPMENT WITH A 41 A 41 FOOT LOT WIDTH.
THE SUBJECT PROPERTY IS LOCATED BETWEEN MCCULLOUGH AVENUE AND NORTH ST.
ACCORDING TO THE SUBMITTED SURVEY MAP, THE CURRENT LOT SIZE IS 4,899 SQUARE FEET AND 41 FEET WIDE, WHICH IS LESS THAN BOTH A 6,000 SQUARE FOOT MINIMUM REQUIRED LOT SIZE AND THE 50 FOOT MINIMUM REQUIRED LOT WIDTH AS PRESCRIBED BY THE LOT DEVELOPMENT STANDARDS OF THE R SIX BASE ZONING DISTRICT.
DUE TO THE SUBSTANDARD LOT SIZE AND LOT WIDTH, THE APPLICANT IS REQUESTING VARIANCES TO THESE STANDARDS TO PROCEED WITH THE DEVELOPMENT OF A NEW SINGLE FAMILY HOME ON THE PROPERTY.
ALTERNATIVELY, THE APPLICANT MAY REQUEST A, A CHANGE OF ZONING INTO THE R FOUR BASED ZONING DISTRICT AND LOT DEVELOPMENT STANDARDS WHICH ARE MORE CONSISTENT WITH THE EXISTING LOT DIMENSIONS.
AND THIS IS A SITE PLAN, UM, SUBMITTED BY THE APPLICANT HIGHLIGHTING THE LOT SIZE AND THE BELOW MINIMUM
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LOT WIDTH.THIS IS A HISTORICAL VIEW OF THE PROPERTY.
UM, THERE WAS A FENCE NOW THAT SEPARATED THE PROPERTY TO THE LEFT FROM THE SUBJECT PROPERTY AND NOW THE CURRENT VIEW AND THE SURROUNDING AREA.
THIS IS ANOTHER SUBSTANDARD LOT SIZE AND A VIEW DOWN ROSE LANE STAS RECOMMENDATION FOR THE MINIMUM LOT SIZE AND LOT WIDTH VARIANCES ARE AN APPROVAL IN BO OA DASH TWO FIVE DASH 1 0 3 0 0 1 6 5.
BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AS SIMILAR DEVELOPED SUBSTANDARD LOT SIZES WERE OBSERVED ON THE NEIGHBORHOOD BLOCK PHASE AND TWO, THE PROPERTY WILL MAINTAIN ALL OTHER LOT DEVELOPMENT STANDARDS INCLUDING MINIMUM SETBACK REQUIREMENTS OF THE R SIX ZONING DISTRICT.
36 NOTICES WERE MAILED, ONE RECEIVED IN FAVOR AND ZERO IN OPPOSITION.
WE RECEIVED NO RESPONSE FROM TOBIN HILL NEIGHBORHOOD ASSOCIATION OR THE SAN ANTONIO DISTRICT ONE RESIDENT ASSOCIATION.
AND THIS IS THE RESPONSE RECEIVED IN SUPPORT.
THIS CONCLUDES STAFF'S PRESENTATION.
ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
HE'S ARD ROSALES AND BASICALLY YEAH SHE SAY EVERYTHING WHILE WE LOOKING FOR TRYING TO BUILD A NICE HOME AND JUST FOR APPROVAL OF THE VARIANCE OF THE LOT.
AND IT'S GONNA BE A SINGLE FAMILY HOME.
UH, JUST, UH, THE ONLY QUESTION I HAD WAS THERE, WAS THERE AN EXISTING EXISTING HOME THERE BEFORE CONSTRUCTION? NO.
WAS THERE EVER A HOME THERE PREVIOUSLY? NO.
ANY QUESTIONS FROM THE COMMISSION? HEARING NONE.
IS THERE ANYONE SILENT TO SPEAK OR VOICEMAILS? NO PUBLIC COMMENT? WELL THAT'S EASY.
UH, IS THERE ANY UH, COMMISSIONERS LIKE TO MAKE A MOTION ON THIS BRAGMAN COMMISSIONER BRAGMAN R REGARDING CASE NUMBER BOA DASH TWO FIVE DASH 0 3 0 0 0 NO 0 0 1 6 5 MOVE THE BOARD OF ADJUSTMENT GRANT AND REQUEST FOR ONE A 101,101 SQUARE FOOT VARIANCE FROM THE MINIMUM 6,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT ON A 4,899 SQUARE FOOT LOT.
AND TWO A NINE FOOT VARIANCE FROM THE MINIMUM REQUIRED 50 FOOT LOT WIDTH TO ALLOW A DEVELOPMENT WITH A 41 FOOT LOT WITH SITUATED AT 1 1 6 ROSE LANE.
APPLICANT BEING JOSE EDUARDO FLORES GARRIDO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE WILL PRESERVE THE NEIGHBORHOOD CHARACTER BY ADHERING TO ALL OTHER LOT DEVELOPMENT STANDARDS INCLUDING SETBACK REQUIREMENTS AT 40 FOOT, 41 FOOT WIDE, THE LOT IS SUFFICIENTLY LARGE TO ACCOMMODATE DRIVEWAY ACCESS AND USABLE FRONT YARD SPACE.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE ORDINANCE WOULD PREVENT REASONABLE DEVELOPMENT THAT IS CONSISTENT WITH THE CHARACTER OF THE SURROUNDING AREA, DESPITE THE PROPOSED HOME COMPLYING WITH THE MINIMUM SETBACK REQUIREMENTS AND OTHER LOT DEVELOPMENT STANDARDS.
THREE, BY GRANTING THE VARIANCE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SUFFICIENT SEPARATION BETWEEN PROPERTIES WITH MINIMUM LOT WIDTH, LOT SIZE, WIDTH, AND SETBACK REQUIREMENTS.
THE APPLICANT INTENDS TO OBSERVE ALL OTHER REQUIREMENTS OF THE R SIX ZONING DISTRICT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY'S LOCATED THE LOT SIZE IN WIDTH OR REASONABLY SIZED TO DEVELOP THE PROPOSED SINGLE FAMILY HOME WHILE MAINTAINING ADEQUATE SEPARATION FROM ADJACENT PROPERTIES FOR THE PURPOSE PURPOSES OF MAINTENANCE ACCESS WA WATER RUNOFF AND FIRE SAFETY.
THE PLANET THE OWNER OF THE PROPERTY FOR THE VARIANCE IS SOUGHT IS THE DUTY TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY VERSUS THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THAT'S THE NARROW WIDTH OF THE LOT LIMITS THE ABILITY TO MEET THE MINIMUM SQUARE OF
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FOOTAGE REQUIRED BY THE R SIX ZONING DISTRICT.SECOND BY COMMISSIONER BENAVIDEZ.
UM, YEAH, I'LL BE IN SUPPORT OF THE MOTION.
UH, THE FACT THAT IT'S GONNA MEET ALL THE, UH, SIDE AND REAR FRONT SETBACKS.
UH, THERE'S NO OPPOSITION FROM UH, NEIGHBORS.
UM, AND AS ALWAYS WE'RE TRYING TO MAKE SURE THAT ANY, UH, EMPTY LOTS ARE BEING UTILIZED.
SO THIS IS A SMALL VARIANCE REQUEST.
COMMISSIONER BENAVIDES, I AGREE WITH, UH, COLLEAGUE BROCKMAN.
UH, FOR ALL THE SAME REASONS I WILL BE SUPPORTING THIS MOTION.
ALRIGHT, IF THERE'S ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD? YEAH.
UM, THIS MIGHT BE A BE CONSTRUED AS A FRIENDLY AMENDMENT.
UH, I JUST WANT TO POINT OUT THAT THE FIRST BOLD SENTENCE UNDER NUMBER THREE, UH, NEEDS TO BE A COMPLETE SENTENCE.
UH, IS THERE A SUGGESTION, UH, THAT YOU WOULD LIKE TO OFFER? UH, DEFICIENT SEPARATION WILL REMAIN BETWEEN PROPERTY COMMISSIONER BRAGMAN ACCEPTED ALL IS THIS AND THE SECOND COMMISSIONER BENAVIDEZ.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVEN, COMMISSIONER STEVENS.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
SO MOTION PASSES UNANIMOUSLY 10 TO ZERO.
UH, THE NEXT ITEM THAT HAS A FULL APPROVAL IS ITEM NUMBER FIVE.
ITEM NUMBER FOUR IS BO OA DASH FIVE OH, SORRY I NOT NO, IT'S OKAY.
THE APPLICANT IS ANISA ALVARADO.
SHE'S REQUESTING ONE OF 250 FOOT SQUARE FOOT VARIANCE FROM THE MINIMUM 5,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT ON A 4,750 SQUARE FOOT LOT.
AND TWO A SEVEN FOOT VARIANCE FROM THE MINIMUM REQUIRED 45 FOOT LOT WIDTH TO ALLOW A DEVELOPMENT WIDTH.
A 38 LOT WIDTH, 38 FOOT LOT WIDTH.
THE ZONE IS OUR FIVE IN THE HISTORIC MISSION DISTRICT.
THE SUBJECT PROPERTY IS LOCATED WITHIN THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION AND IS GENERALLY BONDED BY THE SAN ANTONIO RIVER TO THE WEST AND NORTH AND MISSION ROAD TO THE EAST ALONG PARKVIEW DRIVE.
ACCORDING TO COUNTY RECORDS, THE LOT IS 4,750 SQUARE FOOT IN SIZE AND 38 FEET WIDE, WHICH IS LESS THAN THE 5,000 SQUARE FOOT MINIMUM REQUIRED LOT SIZE AND THE 45 FOOT MINIMUM REQUIRED LOT WIDTH TO DEVELOP WITHIN THE R FIVE BASE ZONING IN DISTRICT.
THEREFORE, THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW THE CONSTRUCTION OF A NEW TWO STORY SINGLE FAMILY HOME ON THE PROPERTY.
ALTERNATIVE LEAD THE APPLICANT MAY REQUEST A CHANGE OF ZONING INTO THE R FOUR BASED ZONING DISTRICT AND LOT DEVELOPMENT STANDARDS WHICH ARE MORE CONSISTENT WITH THE EXISTING LOT DIMENSIONS.
THIS IS A SUMMARY PROVIDED BY THE OFFICE OF HISTORIC PRESERVATION.
THIS PROPERTY IS LOCATED WITHIN THE MISSION HISTORIC DISTRICT AND EXTERIOR MODIFICATIONS OR NEW CONSTRUCTION WILL REQUIRE APPROVAL FROM THE OFFICE OF HISTORIC PRESERVATION.
APPROVAL OF A SITE PLAN OR MATERIAL SUBMITTED AS PART OF A VARIANCE APPLICATION DOES NOT SUPERSEDE ANY REQUIREMENTS FOR DESIGN.
REVIEW OUTLINE IN ARTICLE SIX OF THE UNIFIED DEVELOPMENT CODE ON JUNE 4TH, 2025.
THE HISTORICAL AND DESIGN REVIEW COMMISSION APPROVED THE REQUEST FOR NEW CONSTRUCTION ON THE VACANT LOT LOCATED AT 1 1 8 PART V DRIVE.
ALL STIPULATIONS FROM THE HDRC CONTINUE TO APPLY.
AND THIS IS, UM, THE SITE PLAN PROVIDED BY THE APPLICANT WITH PARKVIEW TO THE NORTH AND HIGHLIGHTED THE LOT WIDTH AND THE MINIMUM LOT SIZE.
THIS IS A HISTORICAL VIEW FROM 2007.
THE PROPERTY WAS UNDEVELOPED AS FAR BACK AS 2007 AND THIS IS THE CURRENT VIEW AND THE SURROUNDING AREA ALONG PARK VIEW
[00:25:05]
STAFF'S RECOMMENDATION FOR THE MINIMUM LOT SIZE AND LOT WIDTH VARIANCES.STAFF RECOMMENDS APPROVAL IN B OE DASH 25 DASH 1 0 3 0 0 1 68 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AS THE NEIGHBORHOOD BLOCK FACE IS PREDOMINANTLY COMPRISED OF SUBSTANDARD LOT SIZES.
AND TWO, THE PROPERTY WILL MAINTAIN ALL OTHER DIMENSION REGULATIONS AND SETBACK REQUI REQUIREMENTS OF THE R FIVE ZONING.
IN DISTRICT 27 NOTICES WERE MAILED RECEIVED ONE IN OPPOSITION, BUT ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN SUPPORT AND THIS IS THE SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION AND THIS WAS RECEIVED IN OPPOSITION.
THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
I UNDERSTAND THERE'S A VOICEMAIL ON THIS ONE.
MORNING NAME IS EDUARDO DEVIA ON BEHALF OF DEN INVESTMENT, LLC, OWNER OF THE PROPERTY IN 1 26 PARKVIEW DRIVE, SAN ANTONIO, TEXAS 7 8 2 1 0.
THAT'S IN REGARDS OF THE CASE, UH, 1 6 8.
UM, AND BASICALLY WE, WE BELIEVE THAT, UH, SUCH MODIFICATION REGISTERED BY THE, UH, OWNER OF THE LOST ONE 18 PARKVIEW DRIVE, UH, WILL NEGATIVELY AFFECT EXISTING HOMES IN THE CERTAINLY AREA, UH, INCLUDING ALL THE GARAGE SPACES, PLUMBING INSTALLATIONS, AND, UH, YOU KNOW, OTHER, OTHER PROPERTY DEVELOPMENTS THAT HAVE BEEN LONG ESTABLISHED IN THIS, IN THIS AREA, IN THIS COMMUNITY.
SO WE, WE REQUEST THAT THE UNIT BOUNDARIES OF THE LOTS, UH, BE PRESERVED IN ORDER TO MAINTAIN THE SAFETY AND AND VALUE OF THE SURROUNDING PROPERTIES.
UH, WE, WE CONSIDER THAT ANY ALTERATION IN EXTENSION OF THE LAW EQUATION WOULD IMPLY SUBSTANTIAL MODIFICATION THAT WOULD IMPACT THE PREVIOUS APPROVAL AND CONSOLIDATED URBAN DESIGN OF OUR NEIGHBORHOOD AND ALSO, UH, THINK THAT VERY IMPORTANT TO MAINTAIN THESE PROPERTY BOUNDARIES AND, AND AS
UM, SO I THINK THAT'S ALL THAT THAT WE HAVE TO, TO SAY ABOUT IT.
THANK YOU SO MUCH FOR YOUR ATTENTION.
HAVE WONDERFUL DAY IN THIS CASE.
WE ARE IN OPPOSITION OF, UM, THE MODIFICATION OF THIS CASE.
LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
I'M THE HOMEOWNER, OR I'M SORRY, PROPERTY OWNER OF 1 1 8 PARKVIEW DRIVE.
UH, AND I'M BASICALLY REQUESTING THE VARIANCE FOR THE, UM, APPROVAL FOR THE BUILD OF A PRIMARY RESIDENCE.
UH, SO I'M GONNA START OFF WITH A COUPLE QUESTIONS.
ARE YOU HONORING ALL THE SETBACKS? YES.
I ALSO NOTICED THAT YOUR LOT IS COMPRISED OF A WHOLE LOT AND THEN LIKE 12 FEET OR SOME ODD OF A, OF A LOT NEXT TO YOU YES.
SO IN COULD BEING REP PLATTED.
IN THEORY YOU COULD ACTUALLY BUILD ON THE ONE LOT YOU HAVE MM-HMM
AND IGNORE THE REST OF IT, WHICH SEEMS RIDICULOUS.
BUT, UH, I DID WANT TO ASK, ACCORDING TO SOME OF THE PICTURES I'M SEEING ONLINE, UH, IS THIS A PREDOMINANTLY ZERO LOT NEIGHBORHOOD? NO.
LIKE ARE THERE HOMES THAT ARE REALLY CLOSE TO THEIR PROPERTY LINES WHICH MAY NOT BE APPARENT BECAUSE THEY'RE ALL PARTS OF OTHER LOTS? YES.
AND THAT'S WHAT I WAS NOTICING 'CAUSE YOU'LL BE ONE OF THE HANDFUL OF PEOPLE WHO ACTUALLY HAVE SETBACKS ON BOTH SIDES OF YOUR RIGHT OF YOUR HOUSE.
ANY QUESTIONS FOR THE COMMISSION? BRAGMAN COMMISSIONER BRAGMAN? UM, I NOTICED ON THE CURRENT VIEW THAT THERE'S THREE RATHER LARGE TREES IN THE FRONT OF THE PROPERTY.
ARE YOU PLANNING ON KEEPING THOSE? YES.
ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO, UH, HAVE, HAVE ANY QUESTIONS? UH, HEARING NONE.
UM, IS THERE ANYONE SIGNED UP TO SPEAK? NO OTHER PUBLIC COMMENT.
WELL THEN WE, WITH THAT, I'M LOOKING FOR A MOTION.
COMMISSIONER BARRINGTON, UH, REGARDING CASE NUMBER BO A 20 DASH 25 DASH 1 0 3 0 0 1 6 8, I MOVED AT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR ONE OF 250 F UH, SQUARE FOOT VARIANCE FROM THE MINIMUM 5,000 SQUARE FOOT LOT SIZE TO ALLOW DEVELOPMENT ON A 4,750 SQUARE FOOT LOT AND TO A SEVEN FOOT VARIANCE FROM THE MINIMUM REQUIRED 45 FOOT LOT WIDTH TO ALLOW A DEVELOPMENT WITH A 38 FOOT LOT WIDTH SITUATED AT 1 1 8 PARKVIEW DRIVE.
THE APPLICANT BEING ANNISE ALVARADO BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT
[00:30:01]
A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
STAFF FINDS THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT WILL PRESERVE THE NEIGHBORHOOD CHARACTER BY ADHERING TO ALL OTHER LOT DEVELOPMENT STANDARDS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT WOULD PREVENT REASONABLE DEVELOPMENT THAT IS CONSISTENT WITH THE CHARACTER OF THE SURROUNDING AREA, DESPITE THE PROPOSED HOME COMPLYING WITH THE MINIMUM SETBACK REQUIREMENTS AND OTHER LOT DEVELOPMENT STANDARDS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WOULD SUPPORT THE SPIRIT OF THE ORDINANCE, WHICH IS TO PROVIDE SUFFICIENT SEPARATION BETWEEN PROPERTIES WITH MINIMUM LOT SIZE, WIDTH, AND SETBACK REQUIREMENTS.
THE APPLICANT INTENDS TO OBSERVE ALL OTHER REQUIREMENTS OF THE RI ZONING.
FOR 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 OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE LOT SIZE AND WIDTH ARE REASONABLY SIZED TO DEVELOP THE PROPOSED SINGLE FAMILY HOME WHILE MAINTAINING ADEQUATE SEPARATION FROM ADJACENT PROPERTIES FOR THE PURPOSES OF MAINTENANCE ACCESS WATER SAFETY.
SO PAGE SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OTHER THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE PLIGHT OF THE OWNER FOR WHICH THE VARIANCES ARE SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE NARROW WIDTH OF THE LOT LIMITS THE ABILITY TO MEET THE MINIMUM SQUARE FOOTAGE REQUIRED BY THE R FIVE ZONING DISTRICT.
SECOND BY COMMISSIONER BRACKMAN.
UM, THIS IS AS SIMPLE AND STRAIGHTFORWARD A CASE AS THEY COME.
AND SO, UH, THE OWNER HAS THE RIGHT TO DEVELOP THE PROPERTY RIGHT AND IS GOING TO CONFORM TO ALL THE OTHER REQUIREMENTS OF THE UDC.
THANK YOU COMMISSIONER BRAGMAN.
UM, I AGREE WITH MY COLLEAGUE.
IN ADDITION, THE APPLICANT IS PLANNING ON KEEPING THE TREES THAT ARE EXISTING ON THE PROPERTY.
UM, AND WE ARE ALWAYS LOOKING FOR LOTS TO BE DEVELOPED.
UM, SO YEAH, I'LL BE IN SUPPORT.
AND I JUST WANTED TO ADD THAT IT LOOKS LIKE YOU ALSO ALREADY HAVE AN EXISTING WATER SERVICE IN THE GROUND READY FOR A HOUSE, SO I'LL BE IN SUPPORT AS WELL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT.
IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
ALL RIGHT, NEXT ITEM THAT HAS LISTED A FULL APPROVAL IS ITEM SIX.
THIS IS AT 78 0 2 FARLAND PARK DRIVE AFTERNOON.
I ITEM NUMBER SIX BEING BO OA DASH 25 DASH 0 3 0 0 1 7 0.
ADDRESS BEING 78 0 2 FARLAND PARK DRIVE WITHIN CITY COUNCIL DISTRICT SEVEN.
APPLICANT BEING ISRAEL GARCIA REQUESTING A REQUEST FOR A ONE FOOT SIX INCH SPECIAL EXEMPTION FROM THE MAXIMUM SIX FOOT SOLID FENCE TO ALLOW A SEVEN FOOT SIX INCH PRIVACY FENCE IN THE SIDE AND REAR YARD ZONING BEING R SIX.
THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHWEST CORNER OF THE INTERSECTION OF CEDAR PARK AND FARLAND PARK DRIVE JUST NORTH OF PRU ROAD.
COURT ENFORCEMENT INVESTIGATIONS, UH, OF THE SITE BEGAN IN AUGUST OF 2025 WHEN A NOTICED A VIOLATION
[00:35:01]
WAS ISSUED TO THE PROPERTY OWNER FOR BUILDING WITHOUT A PERMIT, A PRIVACY FENCE OVER SIX FEET IN HEIGHT PRIOR TO ISSUANCE OF A BUILDING PERMIT FOR THE AS-BUILT FENCE.THE OWNER MUST OBTAIN A SPECIAL EXEMPTION TO ALLOW A PRIVACY FENCE OF SEVEN FOOT SIX INCH IN THE SIDE AND REAR YARD.
THE FENCE WAS BUILT ALONG THE SOUTHERN AND EASTERN PROPERTY LINES, WHICH ABOVE A VACANT LOT AND THE CEDAR PARK RIGHT OF WAY.
THE OWNER DOES NOT INTEND TO CONSTRUCT SIMILAR FENCING ALONG THE WESTERN PROPERTY LINE, WHICH IS SHARED WITH ANOTHER RESIDENTIAL USE.
THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, UH, FENCING THERE ON THE SUBJECT PROPERTY, THE SURROUNDING AREA.
MORE PHOTOS OF THE SURROUNDING AREA STAFF'S.
RECOMMENDATION FOR THE OFFENSE HEIGHTS SPECIAL EXEMPTION, UH, IS APPROVAL AND BO OA DASH TWO FIVE DASH 0 3 0 1 7 BASED ON THE FOLLOWING FINDINGS OF FACT ONE.
THE PROPOSED SPECIAL EXEMPTION WILL ADD PRIVACY AND SECURITY TO THE SUBJECT PROPERTY.
THE FENCE HEIGHTS SPECIAL EXEMPTION WILL NOW ALTER THE ESSENTIAL CHARACTERISTICS OF THE DUR DISTRICT IN WHICH THE PROPERTY IS LOCATED.
WE MAILED OUT 22 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION, AND NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN THOSE 200 FEET.
AND THAT'S CONCLUDES STAFF'S PRESENTATION.
AND JUST TO VERIFY, THE COURT REQUEST IS SOLELY FOR THE TALLER FENCE ALONG THE GREEN SPACE IN THE BACK AND ALONG THE CEDAR PARK STREET.
LET'S HAVE THE APPLICANT GO FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR FENCE.
I'M THE CONTRACTOR FOR STARIA BLACK.
AND, UM, WELL WE WERE JUST BUILDING IT.
I WAS, UH, UNDER THE, OH, I HAD THE, UH, HOME ASSOCIATION APPROVAL SHE HAD AND I WAS UNDER THE OPPRESSION WHEN I STARTED BUILDING THAT.
AND, UH, THAT BROUGHT US IN TODAY.
SO THIS, THIS PROPERTY IS WITHIN A MANDATORY HOA OR, OR A NON-MANDATORY? UM, I, I'M NOT SURE.
UH, SHE DID HAVE THE HOA APPROVAL AND I DID SUBMIT THE LETTER FROM THE HOA AND THEIR ARCHITECT STAFF.
DID YOU RECEIVE ANY DOCUMENTS FROM A HOA? I DID NOT.
UM, I DON'T HAVE THE COPY WITH ME.
UM, STAFF IS THERE, IS THERE A, I KNOW THERE MAY NOT BE.
UH, IS THIS A MANDATORY HOA TO YOUR KNOWLEDGE IN THIS AREA? NO.
WELL, UM, THAT BROUGHT US IN TODAY.
SO THE PROJECT WAS STOPPED AND THEN I CAME TO FILE THE, UH, THE PERMIT AND I FOUND OUT THE PERMIT WHEN I WAS FILING THAT I WAS SEVEN FEET, SO THE MINIMUM WAS SIX.
AND THAT BROUGHT ME IN FOR THE EXEMPTION IF WE CAN HAVE THE APPROVAL.
ARE YOU, ARE YOU HAVING A TALLER POST OR IS THE ENTIRE FENCE TALLER? THE TALLER POST.
SO THE ENTIRE FENCE IS SEVEN FEET, BUT THE POST WENT UP 'CAUSE THERE'S A LIGHT THAT GOES ON TOP OF IT.
IT WENT UP TWO AND HALF INTEREST, WHICH BRINGS IT TO SEVEN SIX.
SO IF, IF WE WANTED TO THIS, UH, THE, THE COMMISSIONER MAKES A MOTION, COULD MAKE A MOTION FOR A SEVEN FOOT FENCE.
UM, IS THERE ANY PUBLIC COMMENT OR VOICEMAILS? NO PUBLIC COMMENT.
IS THERE ANY COMMISSIONER QUESTIONS? ALL RIGHT.
WE'RE GONNA SEE HOW THIS TURNS OUT.
I'M LOOKING FOR A MOTION AND I WOULD JUST LIKE TO REMIND THAT THIS IS SOLELY FOR THE EAST SIDE, UH, ALONG THE CEDAR PARK STREET AND THE REAR ALONG A GREEN BELT.
UNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BOA DASH 25 DASH 0 3 70.
I MOVE AT THE BOARD OF ADJUSTMENT REQUEST FOR A ONE FOOT SIX INCH SPECIAL EXCEPTION FOR THE MAXIMUM SIX FOOT SOLID FENCE TO ALLOW A SEVEN FOOT PRIMARY FENCE WITH SEVEN FOOT SIX INCH POSTS ON THE EAST SIDE, UH, OF THE, OF THE PROPERTY LINE, WHICH IS, UH, ALONG THE CEDAR, UH, WHAT IS IT? CEDAR CEDAR PARK.
AND THE REAR, WHICH IS ALONG THE GREEN BELT, UH, SITUATED 7 8 0 2 FARLAND PARK DRIVE APPLICANT BEING ISRAEL GARCIA, BECAUSE THE 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 THE PROVISIONS OF OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
[00:40:01]
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.IF GRANTED STAFF FINDS THE REQUEST WOULD BE A HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE, AS IT WOULD PROVIDE ENHANCED PRIVACY AND SECURITY FOR THE SUBJECT PROPERTY ALONG THOSE PROPERTY LINES WITH THE, WITH, WITH WHICH ABUT A PUBLIC RIGHT OF WAY TO THE EAST AND A VACANT PROPERTY OVER AN ACRE IN SIZE OF THE SOUTH BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
GRANTED, THE SPECIAL EXCEPTION WOULD SUBSTANTIALLY SERVE THE PUBLIC WELFARE INCONVENIENCE AS A PROPOSED FENCE WOULD, WOULD PROVIDE SCREENING FROM THE ROADWAY AND ADJACENT VACANT PROPERTY FOR THE SUBJECT PROPERTY WITHOUT A SUBSTANTIAL CHANGE TO THE EXISTING CHARACTER OF THE IMMEDIATE SURROUNDING AREA.
SEE THE NEIGHBORING PROPERTY NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL NOT BE INJURED AS A FENCE HIDES SPECIAL EXCEPTION CREATES ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT AND ADJACENT PROPERTY FENCE HEIGHT WILL NOT INTERFERE WITH THE EXISTING USE OF THE PROPERTY OR CREATE SIGNIFICANT LOSS OF LIGHT, AIRFLOW OR VISUAL OPENNESS DEED.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR THE LOCATION WHICH THE PROPERTY FOR WHICH IS SPECIAL EXCEPTION IS SOUGHT.
THE SPECIAL, THE SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OR THE SURROUNDING AREA AS THE ADDITIONAL FENCE HEIGHT IS LIMITED IN SCOPE AND SPECIFICALLY SITUATED IN A LOCATION THAT MINIMIZES ITS IMPACT ON THE BROADER COMMUNITY.
AND E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERALS PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE IN ESTABLISHED FOR THE SPEC SPECIFIC DISTRICT.
THE SPECIAL EXCEPTION IS COMPATIBLE WITH THE EXISTING CHARACTERISTICS OF THE NA OF THE DISTRICT AND THE PROPOSED DEFENSE PLACEMENT ENSURES THAT THE OVERALL CHARACTER OF THE, OF THE AREA REMAINS INTACT.
SECOND BY COMMISSIONER BRAGMAN.
SO I'M GONNA BE SUPPORTING, UH, THE APPLICANT BROUGHT IN AT LEAST VERBAL TESTIMONY THAT THE NEIGHBOR HOOD ASSOCIATION SUPPORTED, UH, THE, UH, THE FENCE HEIGHT.
UH, WE'RE LIMITING IT TO SEVEN FEET WITH THE SEVEN FOOT, SIX INCH ONLY ON THE POLES.
UH, THE AREA OF THE FENCE IS, IS THAT IS SCREENING THE ROADWAY AND THE GREEN BELT, WHICH IS NOT AFFECTED BY ANY NEIGHBORING PROPERTIES.
AND THERE'S NO NEIGHBORHOOD OPPOSITION FOR THE REQUEST.
SO I AM SUPPORTING THE MOTION.
IS THERE ANY OTHER COMMISSIONS YOU'D LIKE TO ADD? HEARING NONE I UNLESS HAVE ROLL CALL VOTE PLEASE.
COMMISSIONER UNA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BEES? YES, I CONCUR.
I CONCUR CHAIR OR, AND I CONCUR.
UH, THE LAST ITEM THAT WE HAVE THAT STAFF IS RECOMMENDING APPROVAL IS ITEM NUMBER 12.
ITEM 12 BO 8 25 1 0 3 0 0 1 7 7.
ADDRESS IS 1 26 WEST CAROLINA STREET COUNCIL.
DISTRICT ONE APPLICANT IS RON M ALVARADO AG ASSOCIATES ARCHITECTS REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE AND REAR SETBACK TO ALLOW STRUCTURE TO BE ONE INCH FROM THE SIDE AND REAR.
PROPERTY LINES ZONING IS IDZ TWO, UH, WITH USES PERMITTED IN C TWO COMMERCIAL DISTRICT FOR 10 DWELLING UNITS.
SUBJECT PROPERTY IS LOCATED ALONG WEST CAROLINA, EAST OF SOUTH ST.
MARY STREET BETWEEN THE INTERSECTIONS OF MARLAY AND SMORE.
THIS PROPERTY'S INFILL DEVELOPMENT ZONING ORDINANCE PERMITS 10 DWELLING UNITS.
THE APPLICANT IS REQUESTING A FOUR FOOT 11 INCH VARIANCE TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE AND REAR PROPERTY LINES.
A SIGNIFICANT AMOUNT OF SPACE EXISTS BETWEEN THE PROPERTY LINE AND THE ROADWAY.
THE PREVIOUS USE WAS A NIGHTCLUB NAMED EL FANDANGO AND THE STRUCTURE WAS DEMOLISHED AFTER FEBRUARY, 2022.
THIS DEVELOPMENT WILL BE THE ONLY STRUCTURE ON THE BLOCK FACE WHEN COMPLETED.
HERE'S THE SITE PLAN OF THE PROPERTY AND THIS IS THE ELEVATION PLAN PROVIDED BY THE APPLICANT.
AND HERE'S THE SUBJECT PROPERTY.
IT'S THE EMPTY LOT WHERE THE, UH, VEHICLES ARE.
AND THEN THE SUBJECT PROPERTY FROM THE SIDE AND YOUR SURROUNDING AREAS.
STAFF RECOMMENDATIONS SIDE AND REAR SETBACK VARIANCES.
STAFF RECOMMENDS APPROVAL IN BO O 8 25 1 0 3 0 0 1 7 7 BASED ON THE FOLLOWING FINDINGS OF FACT, THE LIMITED DEVELOPMENTS BASED ON THE LOT PREVENTS THE FULL USE OF THE INFILL DEVELOPMENT.
AND TWO, THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THIS DEVELOPMENT WILL BE THE SOLE STRUCTURE ON THIS BLOCK.
FACE NOTIFICATION PLAN STAFF, NO DOUBT.
[00:45:01]
TO RETURN IN FAVOR FOR, FOR RETURNED IN OPPOSITION.THE LAKA NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND NO RESPONSE FROM THE COMMUNITY ORGANIZATIONS.
AND HERE IS THE LETTER FROM THE LAVACCA NEIGHBORHOOD ASSOCIATION.
AND THESE ARE THE TWO IN SUPPORT
AND, UH, THE FOLLOWING ARE THE OPPOSITIONS THAT WE RECEIVED.
AND THIS INCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
HOW ARE Y'ALL DOING THIS AFTERNOON? UH, WE'RE HERE TO, UH, JUST TO EXPLAIN THE PROJECT THAT WE HAVE THERE, IT'S A 10 UNIT DEVELOPMENT.
IT'S, UH, COMPRISED OF ONE BUILDING WITH THOSE 10 UNITS.
WE ARE FOLLOWING THE, UH, THE ZONING THAT IT'S CURRENTLY AT, AND WE DO REQUEST FOR THAT ADDITIONAL, UH, VARIANTS THAT, THAT WE'RE UP HERE FOR.
UM, THE PROJECT IS WE'LL CONTINUE TO ENHANCE THE SURROUNDING AREA, THE TYPE OF DEVELOPMENT THAT HAS BEEN GOING ON, AND WE FEEL THAT IT'LL BRING A LOT MORE, UM, PEOPLE TO THE, TO THE AREA.
AND IT'LL ALSO BENEFIT THE HIGH SCHOOL, WHICH IS LESS THAN A BLOCK AWAY.
AND I THINK THAT WOULD BE REALLY GOOD FOR PARENTS THAT HAVE KIDS THAT BE GOING TO HIGH SCHOOL AND IT'S JUST A WALK AWAY FROM THEM.
SO WE WISH TO HOPE THAT WE GET YOUR SUPPORT FOR THE PROJECT.
UH, COMMISSIONER BRAGMAN, ARE THESE GONNA BE CONDOMINIUMS OR RENTALS? UH, CONDOMINIUMS. THANK YOU.
ALRIGHT, ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT, SO I HAVE A, JUST A COUPLE QUESTIONS.
UM, WHEN WAS THIS REZONED? I BELIEVE IT WAS REZONED FOUR OR FIVE YEARS AGO.
SO OFF OF, UH, CAROLINA STREET, YOU DO HAVE SOME OVERHEAD ELECTRIC, BUT YOU'RE HONORING THE SETBACKS AT THAT LOCATION? YES.
AND ALL RIGHT, THANK YOU VERY MUCH.
UH, IS THERE ANYONE UNDER THE SPEAKER OR VOICEMAILS? NO PUBLIC COMMENT.
IS THERE ANY, UH, ANYTHING ELSE FROM THE COMMISSION BEFORE WE MOVE ON TO A MOTION? UH, IVANEZ COMMISSIONER IBANEZ, UM, I'M HAPPY TO SEE THAT THAT VACANT LOT IS GOING TO BE FINALLY DEVELOPED.
I GREW UP IN THAT NEIGHBORHOOD, WENT TO BRACKENRIDGE HIGH SCHOOL, AND UM, I LIKE THE DEVELOPMENT THAT'S HAPPENING AROUND THERE.
I THINK THAT IT, FOR OUR STUDENTS AT BRAC SHOWS HOW THE NEIGHBORHOOD IS CHANGING AND THE GROWTH THAT IS HAPPENING IS IN, IN A POSITIVE WAY.
YOU KNOW, NOT WITH BARS AND NOT WITH AUTOMOBILE, UH, REPAIR SHOPS, WHICH ARE ALL ALONG ROOSEVELT AVENUE.
SO I I REALLY APPRECIATE YOUR PROJECT.
I THINK IT'S A REALLY BEAUTIFUL PROJECT.
THANK YOU FOR DOING SOMETHING WITH THAT.
ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE.
I'M LOOKING FOR A MOTION
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE AND REAR SETBACK TO ALLOW A STRUCTURE TO BE ONE INCH FROM THE SIDE AND REAR PROPERTY LINES SITUATED AT 1 26 1 14 WEST CAROLINA STREET, APPLICANT BEING RON M ALVARADO AG ASSOCIATES ARCHITECTS.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT
[00:50:01]
IN AN UNNECESSARY HARDSHIP.SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED ONE INCH SIDE AND REAR SETBACK VARIANCES WILL NOT IMPOSE AN INCREASED RISK OF FIRE SPREAD OR DAMAGE FROM EXCESS WATER RUNOFF AS THE RIGHTS OF WAY PROVIDE ADEQUATE SEPARATION FROM THE ADJACENT PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN UNNECESSARY HARDSHIP.
IN THIS CASE, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS IF IT WOULD PREVENT THE APPLICANT FROM DEVELOPING THE FULL POTENTIAL OF THE LOT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SU SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUEST APPEARS TO BE IN THE SPIRIT OF THE ORDINANCE AS THE INFILL DEVELOPMENT CAN BE MAXIMIZED AND SVI SIGNIFICANCE SPACE EXISTS PAST THE PROPERTY LINE BEFORE THE ROADWAY.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE PROPOSED DEVELOPMENT WILL BE ONE INCH FROM THE SIDE AND REAR PROPERTY LINES, THIS WILL NOT INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES NOR DIRECTLY AFFECT THE SURROUNDING PROPERTIES IN THE IMMEDIATE AREA.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND DOES NOT APPEAR TO BE MERELY FINANCIAL.
THE LIMITED DEVELOPMENT SPACE ON THE LOT PREVENTS THE FULL USE OF THE INFILL DEVELOPMENT.
SECOND, SECOND, SECOND BY COMMISSIONER BON, COMMISSIONER EZ.
UH, I'M GOING TO BE IN SUPPORT OF THIS MOTION.
UM, AS I SAID EARLIER, I'M MERELY HAPPY TO SEE THAT THAT VACANT LOT THAT HAS BEEN VACANT FOR MANY, MANY, MANY YEARS IS BEING UTILIZED FOR HOUSING.
AND, UM, I THINK IT, IT WOULD BE A, A POSITIVE, UH, INFLUENCE, UH, FOR THAT COMMUNITY.
COMMISSIONER BUNNIE? UH, I, I AGREE WITH MY COMMISSIONER.
UH, IN ADDITION, UM, THIS LOT DOESN'T REALLY ABUT UP AGAINST ANYBODY TO THE SIDE OF REAR, SO I DON'T THINK THAT THAT THAT REALLY MATTERS WITH THAT INCH THERE.
UM, IN ADDITION, IT'S, IT'S ZONED IDZ.
SO THAT WAS THE, THE INTENTION OF THIS, UM, THIS ZONING WAS TO MAXIMIZE SPACE AND THAT'S WHAT THIS IS DOING.
IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO ADD? UH, I JUST WANNA SAY I'LL BE IN SUPPORT 'CAUSE THERE'S, UH, THE ONLY ELECTRICAL IS ON THE FRONT WHERE THEY ARE MEETING THE SETBACK, SO I'M HAPPY WITH THAT.
SO LET'S HAVE WE CALL VOTE COMMISSIONER IBANEZ.
COMMISSIONER BARRINGTON? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, WE SHOULD HAVE SOMEONE JOINING US SOON.
SO I'M GONNA TRY TO STALL A LITTLE BIT LONGER AND WE'RE GONNA GO TO THE MEETING SCHEDULE FOR NEXT YEAR.
I NOTICED THAT THE ONLY TWO FEW TOGGLES WERE IN SEPTEMBER AND JANUARY DUE TO HOLIDAYS AND ALSO NOVEMBER.
UH, JUST TO MAKE SURE THAT WE HAVE SOME CLEARANCES BETWEEN OUR MEETINGS.
UH, IS THERE ANY, UH, COMMISSIONER INPUT ON THIS? OH, IT'S ON THE LINK, BUT UM, I'M SURE THEY'LL BRING IT UP IN A SECOND.
[00:55:20]
ALL RIGHT.SO IN JANUARY WE ARE ON THE SECOND AND FOURTH, JUST SO THAT WE HAVE, UH, TWO WEEKS SEPARATION BETWEEN THOSE TWO MEETINGS.
AND THEN THIS OCCURS AGAIN IN SEPTEMBER DUE TO THE LABOR DAY HOLIDAY AND THEN NOVEMBER, UH, JUST TO GET AWAY FROM, UH, JUST TO HOLD THAT TWO WEEK OFFSET.
WE HAD TO, WE HAD TO PUSH OCTOBER, NOVEMBER DOWN TO THE SECOND AND FOURTH, UH, MONDAY.
SO THAT SHOULD GIVE US SOME GOOD SEPARATION BETWEEN OUR MEETINGS.
IS THERE ANY COMMISSIONER, UH, QUESTIONS OR INPUT? ALRIGHT, HEARING NONE.
LETS, UM, LOOKING FOR A MOTION TO APPROVE.
COMMISSIONER BARTON HAS THE MOTION.
SECOND BY COMMISSIONER BRAGMAN.
UH, ITEM 14, APPROVAL OF THE MINUTES FROM SEPTEMBER 22ND.
IS THERE ANY COMMISSIONERS THAT HAVE ANY AMENDMENTS? HEARING NONE.
I'M LOOKING FOR A MOTION MOVE APPROVAL.
COMMISSIONER, COMMISSIONER BARTON.
IS THERE ANYONE OPPOSED? JUST GOING AND ASK HEARING NONE.
UH, WE DO HAVE 10 SEATED, SO WE WILL HAVE TO START WITH, UH, THE FEW THAT ARE REMAINING WHERE STAFF IS RECOMMENDING DENIAL.
PARDON? LUCKILY ITEM NUMBER ONE IS A CONTINUANCE.
SO MOST OF Y'ALL HAVE ALREADY BEEN BRIEFED ON THIS ITEM.
ITEM NUMBER ONE IS CASE BO OA DASH 25 DASH 0 3 1 5 2.
THE ADDRESS BEING 1 4 3 1 4 5 1 4 7 FOREST AVENUE IN COUNCIL DISTRICT FIVE.
THE APPLICANT IS ANTHONY ALMARAZ, AND THIS IS A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM 2.5 STORIES TO ALLOW FOR THE DEVELOPMENT OF THREE SINGLE FAMILY HOMES BUILT TO THREE STORIES IN HEIGHT.
THE ZONING IS IDZ ONE USES PERMITTED FOR THREE DWELLING UNITS.
THE SUBJECT PROPERTY IS GENERALLY LOCATED BETWEEN NODO STREET AND SOUTH FLO STREET ALONG FOREST AVENUE.
A REQUEST WAS RECEIVED IN NOVEMBER, 2022 TO CHANGE THIS PROPERTY.
ZONING DESIGNATION FROM R FIVE SINGLE FAMILY TO IDZ ONE, LIMITED INTENSITY INFILL DEVELOPMENT ZONE TO BUILD THREE NEW HOMES AT PROPOSED HEIGHT OF 2.5 STORIES AMENDMENTS TO THE UDC, WHICH TOOK EFFECT ON JANUARY 1ST, 2023.
UPDATED THE DEFINITION OF A HALF STORY AND WHEN APPLIED TO THIS PROPOSED CONSTRUCTION, THE THREE PROPOSED NEW HOMES AT THE SUBJECT PROPERTY WOULD BE THREE STORIES IN HEIGHT UNDER THE NEW HALF STORY DEFINITION BECAUSE THE MAXIMUM ALLOWABLE HEIGHT FOR THE RESIDENT FOR RESIDENTIAL BUILDINGS IN IDZ ONE IS 2.5 STORIES.
A VARIANCE TO THE MAXIMUM ALLOWABLE BUILDING HEIGHT IS REQUIRED TO PROCEED WITH A PROPOSED CONSTRUCTION DESIGN.
SHOWN HERE IS A PROPOSED SITE PLAN FOR THIS DEVELOPMENT AND THE PROPOSED ELEVATIONS SHOWING THE THREE STORIES AND HEIGHT SHOWN IS AN AERIAL VIEW OF THE SUBJECT PROPERTY AND ITS CURRENT STATE AND THE SUBJECT PROPERTY AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE BUILDING HEIGHT VARI STAFF RECOMMENDS DENIAL AND BO OA DASH 25 DASH 0 3 0 1 5 2.
BASED ON THE FOLLOWING FINDINGS OF FACT, ONE HOMES IN THE IMMEDIATE SURROUNDING AREA ARE BUILT NO TALLER THAN A SINGLE STORY IN HEIGHT.
TWO, THE ESSENTIAL CHARACTER OF THE LIMITED INFIELD DEVELOPMENT ZONE WOULD BE SUBSTANTIALLY ALTERED.
STAFF MAILED 41 NOTICES SIX WERE RETURNED IN FAVOR, ZERO IN OPPOSITION.
AND THE COLLINS GARDEN NEIGHBORHOOD ASSOCIATION IS OPPOSED SHOWN HERE IS THE SUPPORT RECEIVED FOR THIS REQUEST AND THE OPPOSITION RECEIVED.
THIS CONCLUDES STAFF'S PRESENTATION.
ALL RIGHT, LET THE RECORD SHOW AT 2 0 5.
COMMISSIONER MANANA, JOIN THE MEETING.
COMMISSIONER MANANA, UH, UM, THIS IS A CONTINUANCE.
DO YOU NEED ANYTHING REPRESENTED OR YOU YOU CAN PARTICIPATE WITH THIS ONE? GREAT.
[01:00:02]
LET'S HAVE THE APPLICANT COME FORWARD.PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
OKAY, SO WE'RE GONNA TRY THIS, UH, ONE MORE TIME AND, UM, I, I WANNA START AGAIN WITH THESE EMAILS JUST SO I CAN MAYBE BRING THIS HOME ONE MORE TIME.
UM, BECAUSE I, I BELIEVE WE'RE MAYBE OVERLOOKING THESE EMAILS, WHICH I THINK PLAYS A BIGGER FACTOR IN, IN THIS, UM, WHOLE YAY OR NAY.
SO AS HE'S PULLING THAT UP, UM, FROM THIS EMAIL STANDPOINT, IF THIS WOULD'VE NOT HAVE BEEN TOLD TO ME THAT WE ARE, WE ARE GOOD, WE'RE ABLE TO BE MOVING FORWARD, THEN I WOULD'VE DONE THE CHANNELS THAT WERE NEEDED, UH, TO BE PERFORMED TO MAKE SURE THAT I WOULDN'T BE HERE TODAY.
UM, IN THIS EMAIL I WAS TOLD, AND WE'LL, WE'LL GO THROUGH THIS AND, AND I'LL READ IT BECAUSE I WANNA MAKE SURE THAT, YOU KNOW, I EXPLAINED THIS IN, IN DEPTH.
UM, BUT IF YOU'RE TOLD THAT, HEY, NOTHING IS NEEDED ON YOUR END, YOU WOULD TAKE THAT AND UNDERSTAND THAT, THAT, HEY, I'VE DONE EVERYTHING ON MY END.
IF THERE WAS SOMETHING THAT I WAS MISSING, THEN I WISH THAT WOULD'VE BEEN A LITTLE BIT MORE CLEAR IN THESE EMAILS BECAUSE IF I REALIZED OR RECOGNIZED THAT SOMETHING WAS MISSING, THEN I WOULD'VE MADE SURE THAT I RECTIFIED IT.
SO I'M NOT IN THIS POSITION BECAUSE BEFORE 2023 TOOK EFFECT, UM, WHAT MY PLANS WERE, WERE A HUNDRED PERCENT OKAY.
I WAS OKAY TO BE ABLE TO MOVE FORWARD.
I WAS OKAY TO BE ABLE TO PRESENT THIS PROJECT.
THE HALF STORY THAT WE'RE LOOKING AT THAT IS NOW CONSIDERED A THREE STORY, UM, IN, IN DEFINITION BEF IN IN 2022 WHEN THIS WAS PRESENTED, WAS PERMISSIBLE.
AND YOU'LL SEE IN THIS EMAIL THAT EVERYTHING WAS OKAY BASED UPON, UM, ME SUBMITTING A SITE PLAN.
AND I'M GONNA GO AHEAD AND START WITH READING THIS EMAIL SO WE CAN KIND OF UNDERSTAND THE FULL CONTEXT.
UH, I AM GONNA PRESENT A LOT MORE INFORMATION, UM, BECAUSE I'M HERE TODAY ON THE STEPS THAT I HAD TO DO.
BUT AGAIN, THOSE STEPS SHOULD HAVE NEVER BEEN TAKEN PLACE IF WE WOULD JUST BE LOOKING AT THIS EMAIL.
SO, UH, IT STARTS OUT, HI ANTHONY.
AND, AND JUST SO I CAN GIVE AGAIN, MORE CONTEXT, UH, THIS HAD TO DO WITH, UM, REZONING AND RE PLATTING.
I, UH, PREVIOUSLY PURCHASED TWO PROPERTIES AND THEN IN PURCHASING THOSE TWO PROPERTIES, WE WERE LOOKING AT, UM, RE PLATTING REZONING TO MAKE THIS THREE PROPERTIES.
UH, THERE WAS A STRUCTURE ON ONE OF THE PROPERTIES.
THERE WAS LIKE A SHED ON ANOTHER PROPERTY.
UM, ACCORDING TO THE HOA, THEY FELT LIKE THAT WAS A HISTORICAL, UH, BUILDING, WHICH I DON'T, I DON'T WANNA EXPLAIN WHAT, WHAT THAT IS.
YOU'LL SEE IN PHOTOS WHAT THAT IS.
UH, BUT IT'S NOTHING HISTORICAL ABOUT THAT.
UM, EVEN THOUGH THAT WAS THEIR THOUGHT PROCESS AND HEY, DON'T KNOCK THIS DOWN, I HAD TO GO ALL THE WAY TO CITY COUNCIL IN FRONT OF MAYOR AND THAT WAS ABLE TO GET APPROVED WITH DOING SITE PLANS ON CONSTRUCTION.
SO AS IT SITS RIGHT NOW, THAT'S NOT A CONCERN ACCORDING TO, UM, HOA.
I WANTED TO FOLLOW UP ON OUR CONVERSATION FROM EARLIER THIS AFTERNOON WITH AN EMAIL BECAUSE I HAVE A FEW THINGS TO CLARIFY.
ADDRESS RIGHT NOW, THERE IS NOTHING IN THE UDC THAT DEFINES A HALF STORY.
THE CRITERIA WE SPOKE ABOUT YESTERDAY ON THE HALF STORY BEING DETERMINED BASED OFF THE SQUARE FOOTAGE ON THE GROUND FLOOR, AND FORCED BY OUR DEPARTMENT.
HOWEVER, ONE OF THE UDC AMENDMENTS TO BE PASSED JANUARY 1ST, 2023, SEEKS TO CLEARLY DEFINE THE HALF STORY.
THE PLANS AS THEY EXIST ARE OUT OF COMPLIANCE WITH THAT.
UM, OR I'M SORRY, WITH WHAT WILL CONSTITUTE A HALF STORY WHEN IT COMES TIME TO PULL THE PERMITS.
SO THE STRUCTURES WILL IN TURN BE OUT OF COMPLIANCE WITH THE HEIGHT REQUIREMENTS OF THE IDZ ONE BASED ZONING DISTRICT.
SO IN OTHER WORDS, AS IT SITS RIGHT NOW, WE'RE GOOD.
AND THIS IS MARKED DECEMBER 1ST, RIGHT? I HAVE PLENTY OF TIME TO MAKE SURE THAT I NEED TO DO WHAT I NEED TO DO.
I HAVE A WHOLE MONTH BEFORE THIS HAPPENS.
SO, UM, NEXT SENTENCE, UM, OR PARAGRAPH I SHOULD SAY.
SO WHAT, UH, WHAT WE NEED TO DO TO KEEP EVERYTHING MOVING FORWARD IS TO KEEP THE REQUEST AS IDZ ONE FOR THREE UNITS AND GET THE BALL ROLLING ON THE SITE WORK PERMIT BEFORE JANUARY 1ST, 2023.
YOU NEED TO, YOU NEED TO PUT THIS SITE PLAN PERMIT APPLICATION IN BEFORE THESE UDC AMENDMENTS GO INTO EFFECT.
THAT WAY YOU HAVE A 2022 PERMIT APPLICATION AND ALL IS IN COMPLIANCE.
THE ATTACHED SITE PLAN IS GOOD TO SUBMIT FOR THAT APPLICATION.
AGAIN, THIS, THE ATTACHED SITE PLAN, WHICH I
[01:05:01]
ATTACHED, UM, IS GOOD TO SUBMIT FOR THAT APPLICATION IN A REGULAR ZONING DEVELOPMENT SCENARIO.THIS IS DEFINITELY PUTTING THE CART BEFORE THE HORSE IN THAT THE SITE WORK PERMIT WILL GET FLAGGED FOR A ZONING REVIEW AS THE PROPERTIES ARE ZONED SF BUT WITH THESE AMENDMENTS, IT'S JUST THE WAY IT HAS TO GO.
SO ALREADY THIS IS A LITTLE UNCONVENTIONAL.
ALSO, YESTERDAY I TOLD YOU THAT WHEN IDZ BASED ZONING DISTRICT, UM, IS RE PLATTED, ALL RE PLATTED LOTS NEED TO BE IN COMPLIANCE WITH IDZ SETBACK REGULATIONS.
THIS IS THE WAY IT WORKS WITH ZONING DESIGNATIONS.
BUT IDZ IS A SPECIAL DISTRICT, SO THE SETBACKS AS YOU, UM, HAVE THEM ARE FINE.
WHETHER YOU REPL THE LOT INTO THREE INDIVIDUAL PROPERTIES FOR SALE OR KEEP IT AS ONE.
SO YOU JUST NEED TO REPL TO BUILD ACROSS THE LOT LINE.
BUT I JUST WANNA CLARIFY BECAUSE I KNOW YESTERDAY YOU LEFT THINKING THE ONLY OPTION WAS TO REPLANT INTO ONE LOT AND TO GO WITH THE MANAGEMENT COMPANY.
AND THEN IF WE CAN GO TO THE NEXT EMAIL.
UH, THANK YOU SO MUCH FOR YOUR TIME YESTERDAY AND ALL THE INFORMATION YOU HAVE BEEN ABLE TO PROVIDE.
HOW DO YOU MOVE FORWARD WITH THIS SUBMISSION? CAN WE DO THIS WITH YOU? I'M WANTING TO PROCEED TO MAKE SURE THAT WE'RE GOOD TO GO.
I'M ASKING THE QUESTIONS AS TYPICAL, UM, PERSON WOULD, WOULD NOT KNOW THESE STEPS.
UH, WE CAN GO TO THE NEXT ONE.
THIS IS DATED DECEMBER 1ST, DECEMBER 13TH.
I STILL HAVEN'T RECEIVED AN EMAIL, BUT I DID SUBMIT A SITE PLAN.
YOU CAN SEE THAT THERE'S CC, THERE'S AN ANN AND I THINK THAT'S KELLY.
UM, SO I PERSONALLY SENT HER AN EMAIL OF OUR SITE PLAN BECAUSE I HAVE A MEETING COMING UP.
SO, UM, AND AGAIN, THIS IS FOR ZONING AND REPLANNING, BUT THAT MEETING WAS IMPORTANT TO MAKE SURE THAT I ALREADY HAD, UM, MY LOT, UH, THE, THE PLANS AND EVERYTHING ELSE THAT WAS GONNA BE SUBMITTED BECAUSE I'M GONNA END UP GOING IN FRONT OF CITY EVENTUALLY AND THEY NEED TO SEE WHAT IS GOING TO END UP BEING THERE.
NOT JUST THAT I'M GOING TO BE RELOTTING, THEY WANNA SEE WHAT IS GONNA END UP BEING DEVELOPED.
SO, HELLO, JUST FOLLOWING UP AGAIN, NOT SURE IF YOU RECEIVE MY PREVIOUS EMAIL, WANTING TO SEE IF THERE'S ANYTHING THAT IS NEEDED TO BE DONE ON OUR END.
AGAIN, I, I'M, I'M SEEKING NOW, UH, WHAT THE NEXT STEPS ARE.
I'M TAKING INITIATIVE TO BE ABLE TO GET THOSE RESPONSES TO MAKE SURE I'M DOING WHAT I NEED TO DO AS AN APPLICANT.
SO WE GO TO THE NEXT EMAIL, DECEMBER 13TH, I GET A RESPONSE.
SORRY FOR THE DELAY IN MY RESPONSE.
NOTHING IS NEEDED ON THIS END FOR TOMORROW'S PLANNING COMMISSION.
SO AS FAR AS I'M CONCERNED, I'M, I'M GOOD.
I DON'T NEED TO SUBMIT ANYTHING.
'CAUSE THAT SITE PLAN THAT I SENT OVER IS THE, UH, THE, THE THING THAT NEEDS TO GO AHEAD AND GET LOOKED AT AND, AND GET APPROVED.
SO, UH, THE MEETING STARTS AT 9:00 AM STAFF IS RECOMMENDING APPROVAL.
I SUBMITTED THE SITE PLAN OVER WE'RE, WE'RE RECOMMENDING APPROVAL.
THERE'S NOTHING ELSE THAT'S NEEDED ON MY END, UM, UH, FOR TOMORROW.
SO HOPEFULLY THE ITEM REMAINS ON THE CAS CONSENT, UHS CONSENT AGENDA.
HOWEVER, YOU SHOULD BE PREPARED TO COME TOMORROW TO PRESENT THE ITEM AND ANSWER ANY QUESTIONS THE COMMISSIONS MAY HAVE IN THE EVENT THAT THE ITEM IS PULLED FOR INDIVIDUAL CONSIDERATION.
YOU CAN USE A LINK BELOW TO LOOK AT THE PAST COMMISSIONS, UH, COMMISSION MEETINGS TO FAMILIARIZE YOURSELF WITH THE FORMAT.
UNFORTUNATELY, AS THE COMMISSIONERS AND MY SUPERVISORS HAVE WORK SESSION TOMORROW, UH, BEFORE THE MEETING, WE WILL NOT KNOW RIGHT UNTIL THE MEETING STARTS FOR SURE WHETHER OR NOT THIS CASE WILL BE PULLED.
BUT GIVEN THE STAFF'S RECOMMENDATION AND THE LACK OF OPPOSITION FOR THIS CASE, I WOULD SAY YOU ARE IN GREAT SHAPE.
YOU WOULD, UH, YOU WOULD LIKE, IF YOU WOULD LIKE ANY VISUAL PRESENTATIONS READY, PLEASE LET ME KNOW AND I WILL HAVE YOUR SITE PLAN READY JUST IN CASE.
ALSO, THIS IS A SITE PLAN THAT I'M REFERRING AGAIN, THAT I HAD SUBMITTED AND THIS IS WHAT WAS NEEDING TO BE SUBMITTED IN THE PREVIOUS EMAILS TO MAKE SURE THAT I'M NOT HERE TODAY.
RIGHT? SO AS FAR AS I'M CONCERNED, AS I'M READING THESE THINGS, I'M DOING EVERYTHING IN MY POWER THAT NEEDS TO HAPPEN, RIGHT? WE LOOK AT THE NEXT EMAIL.
DECEMBER 19TH, SIX DAYS HAVE PASSED.
PLANNING COMMISSION WENT GREAT.
I THINK EVERYTHING'S FANTASTIC.
THE CASE IS SCHEDULED FOR TOMORROW'S ZONING COMMISSION MEETING BEGINNING AT 1:00 PM EVEN THOUGH STAFF IS ALSO RECOMMENDING APPROVAL ON, ON THAT PORTION, I WOULD STILL COME PREPARED FOR THE ITEM TO GET PULLED FOR INDIVIDUAL CONSIDERATION.
THE FORMAT FOR THIS MEETING WILL BE ALMOST IDENTICAL TO THE LAST MEETING, BUT I WOULD EXPECT THE QUESTION TO BE MORE SPECIFIC TO YOUR SITE PLAN AND MORE GEARED TOWARD THE DEVELOPMENT DETAILS.
I WOULD ALSO DEFINITELY CONTACT THE DISTRICT OFFICE AND THE NEIGHBORHOOD ASSOCIATION BEFORE TOMORROW'S MEETING.
WHILE THE APPROVAL IS NOT NECESSARY, UH, NOT NECESSARILY REQUIRED FOR THE CASE TO BE APPROVED IN THE END, BUT IT WILL DEFINITELY COME UP IF THERE HASN'T BEEN ANY KIND OF ATTEMPT TO WORK WITH THEM.
ALSO, I WOULDN'T BE SURPRISED IF THEY ATTENDED TOMORROW'S MEETING.
UH, LET ME KNOW IF YOU NEED ANYTHING.
AND I ENDED UP SHOWING UP TO THIS HOA MEETING 'CAUSE I WANTED TO MAKE SURE THAT I GET APPROVAL OF, OF THE HOA,
[01:10:01]
BECAUSE I BELIEVE WHAT THEIR VALUES AND THEIR CONCERNS ARE AS A NEIGHBORHOOD ARE IMPORTANT.AND IF THERE'S ANYTHING THAT NEEDS TO MAKE, MAKE AS CHANGED, UM, THOSE, THOSE CHANGES WOULD BE MADE.
I DON'T WANNA JUMP THE GUN, BUT, UH, I ENDED UP CHANGING THESE SITE PLANS ACCORDING TO WHAT THE HO'S CONCERNS WERE.
THERE'S FIVE PEOPLE PRESENT IN THAT MEETING.
UH, THREE PEOPLE HAD VOTED AND THREE WERE, UH, OPPOSED TO IT.
UM, I ENDED UP WALKING WITH, UH, MR. JOHN BUSANTE, UH, IN THAT NEIGHBORHOOD, UM, AFTER HAVING A CONTINUANCE ON ONE OF THESE STAGES AS WELL.
AND MR. BUSANTE WAS ACTUALLY ABLE TO WALK WITH ME.
AND OUT OF THOSE THREE PEOPLE THAT WERE OPPOSED HAVE SIGNATURES THAT TWO OF ACTUALLY CHANGED THEIR MIND AND WENT FOR APPROVAL.
SO IF WE'RE CONSIDERING HOA, WHICH HOA IS IMPORTANT RIGHT ON APPROVAL, THEN TECHNICALLY WE HAVE A SWING VOTE BECAUSE THE THREE THAT WERE OPPOSED TWO ARE IN FAVOR, ONE IS DENIED.
SO, AND IN MY RECOLLECTION, THAT WOULD MEAN HOA IS AN APPROVAL ACCORDING TO SIGNATURES AND ACCORDING TO THE PEOPLE THAT VOTED.
UM, ALSO, UM, OUT OF THE FIVE PEOPLE THAT ATTENDED AND THREE PEOPLE VOTING, I HAVE DOUBLED THE AMOUNT OF VOTES, UH, THAT ASKED FOR IT BEING APPROVED.
AND THE CONCERN AND THE CHANGES THAT I MADE TO THESE PLANS AFTER ALREADY SUBMITTING THESE AGAIN BEFORE 2023, IS THEY WERE CONCERNED ABOUT THE PARKING.
I ENDED UP CHANGING THE, THE, THE GARAGE SO WE CAN ACTUALLY FIT TWO CARS INSIDE THE PROPERTY LINE, WHICH IS IMPORTANT FOR, YOU KNOW, NOT HAVING MORE TRAFFIC IN THE ROADWAYS.
UM, THERE WAS ALSO A CONCERN OF A THREE STORY STRUCTURE, AND I HAVE A LOT OF EVIDENCE ON THESE THREE STORIES, BUT IT WAS SPECIFICALLY MENTIONED THAT THE PERSON BEHIND ME WOULDN'T HAVE FIELD OF VIEW.
THAT WOULD PROBABLY BE A HINDRANCE, RIGHT? SO THE GREAT THING IS I WANT TO TALK TO THESE PEOPLE, YOU KNOW, ACCORDING TO WHAT PEOPLE THINK AND THE PERCEPTION IS, BUT WHAT THE REALITY IS.
AND THE REALITY IS, ALTHOUGH THAT CAME UP IN CONTEXT, I TALKED TO THE NEIGHBOR DIRECTLY BEHIND ME AND SHE SIGNED IN FAVOR OF THESE THREE STORY STRUCTURES.
HER, HER HOUSE ACTUALLY TAKES UP THE FULL SURROUNDING BEHIND IT.
UM, SO I THINK WE CAN GO TO THE NEXT EMAIL.
I BELIEVE THIS MIGHT BE THE LAST ONE.
I'M CONFUSED, UH, WHAT THIS MEETING IS FOR.
I THOUGHT THE PREVIOUS MEETING WAS APPROVED, SO I, I THINK, I THINK I'M GOOD TO GO, RIGHT? THERE'S SOME CONFUSION IN IT.
I I THOUGHT WE WERE ALREADY APPROVED ON THIS.
UH, I DIDN'T KNOW WE HAD A TAKE IT.
THE PREVIOUS MEETING WAS FOR THE PLAN AMENDMENT PORTION OF THE PROCESS.
WE STILL HAVE THE ZONING COMMISSION AND THEN CITY COUNCIL BEFORE THE DEVELOPMENT IS ULTIMATELY APPROVED.
UM, I DON'T HAVE ANYTHING ELSE AFTER THAT.
AND THEN WE CAN END UP LOOKING AT, UM, WHAT WAS ON THOSE, THOSE PREVIOUS, UH, I, I DO WANNA JUMP INTO THIS AS WELL, BUT, UM, CAN YOU, CAN YOU SHOW FROM THAT OTHER THREAD THAT WE HAVE? UM, NO.
UM, I THINK IT WAS FROM LIKE THE LAST EMAILS THAT WE HAVE.
UM, THE SIGNATURES MAYBE CAN SHOW THE SIGNATURES.
SO MY PRESENTATION, I HAVE THE SIGNATURES HERE.
IS THIS WHAT YOU'RE LOOKING FOR? YEAH, THAT'S FINE.
SO THESE ARE THE SIGNATURES THAT WE WERE TALKING ABOUT.
UM, WE CAN ACTUALLY PULL UP, UH, THE MAP AS WELL.
AND IF YOU WANT TO MAYBE JUST, UH, SCREENSHOT THAT.
UM, BUT 1 0 8, UM, ACTUALLY TAKES UP, IF I'M NOT MISTAKEN, YEAH, 1 0 8.
IT TAKES UP THE WHOLE PROPERTY FROM 1 4 5 1 4 3 AND 1 4 7.
UH, WHICH IS THAT? AND THAT ONE IS THE ONE THAT IS IN, UH, APPROVAL.
UH, THAT'S, I BELIEVE THE OLD E I'M SORRY.
THAT'S THE OLD STRUCTURE THAT WE ACTUALLY ENDED UP HAVING, UM, ON THIS ONE.
WAS IT 1, 4 3? 'CAUSE IT'S THE ONE DIRECTLY BEHIND 1 0 8.
SO 1 0 8 AND THEN YOU KNOW, HER, HER ADDRESS IS RIGHT THERE.
NOW, UH, ACCORDING TO, YOU KNOW, UH, THIS AREA, UM, WE SAID LAST TIME THAT THERE'S NOT ANY THREE STORY STRUCTURES THAT ARE SIMILAR TO THIS AND WE DON'T WANT TO END UP CHANGING, UH, WHAT'S PRESENT.
I ACTUALLY, UH, DROVE AROUND AND MARKED EVERYTHING ON A MAP SO WE CAN ACTUALLY SEE, UH, THERE'S 28 3 STORY STRUCTURES.
YOU CAN SEE WHERE FOREST AVENUE IS AT, AND LITERALLY WE'RE TALKING A COUPLE STREETS OVER A FEW STREETS OVER, UH, JUST TO CLARIFY THAT, ALL IN LONE STAR DISTRICT.
UM, AND THERE'S 28 OF THESE, UH, DIFFERENT, DIFFERENT SETUPS.
SO IF WE CAN MAYBE JUST SLIDE THROUGH, UM, ON, ON ALL THESE PHOTOS.
UNFORTUNATELY, I WAS GONNA GET SOME SIGNATURES AFTER THIS.
UH, IT SEEMS LIKE NOTHING IS IN MY FAVOR.
I WAS IN A CAR ACCIDENT, UM, AS I WAS DOING THIS, SO, UH, I WASN'T ABLE TO GET ANY SIGNATURES.
BUT THESE ARE ALL THE STRUCTURES.
AND YOU CAN SEE, UM, THESE ARE QUITE, UH, BIGGER ACTUALLY THAN, THAN MY, UH, MY PROPOSAL.
UM, ON THESE, THE SQUARE FOOTAGE ON ON THESE ARE 2,800 PLUS SQUARE FEET.
[01:15:01]
UH, THERE WAS 10 OVER THERE.UM, UH, NEXT TO AVIOS STREET ON SIMON STREET, EAST FEST STREET.
UM, WE HAVE, I THINK THAT'S WHAT, SIX, UH, RIGHT THERE ON THAT STREET.
UH, THEN THE NEXT STREET THAT WE HAVE OVER LONE STAR BOULEVARD AND ALL THE WAY ON BANK STREET, WE HAVE THOSE DOWN THERE.
SO I'M, UH, AGAIN, I DON'T WANT TO MAKE THIS ABOUT, WELL, IS THERE STUFF HERE THAT ARE MAYBE SIMILAR, YOU KNOW, WHAT ARE WE MAYBE LOOKING AT? UM, BECAUSE AGAIN, I WANNA GO BACK TO THIS EMAIL AND THE EMAIL AGAIN IS THE MISINFORMATION THAT I BELIEVE THAT I READ THAT YOU'RE GOOD AND YOU HAVE NOTHING ELSE TO MOVE FORWARD WITH.
AND WITH IT, I'M ASKING FOR FAVOR AS WE LOOK AT THIS EMAIL THAT YOU'RE GOOD.
AND I READ THAT AS WE'RE GOOD.
IF I WAS TOLD THAT YOU'RE NOT GOOD AND YOU NEED TO DO SOMETHING ELSE, I WOULD'VE DONE THAT IN WHICH WE WOULD'VE BEEN FINE IN THE OLD CONTEXT OF A RULES AND REGULATIONS.
ALL RIGHT, SO A QUICK QUESTION FOR STAFF.
UM, THE, THE ELEVATION AND SITE PLAN THAT, THAT, THAT IS BEFORE US TODAY, WOULD THIS HAVE BEEN ALLOWABLE PRIOR TO 2023? UH, YES.
I THINK WHEN WE EVALUATED HIS, UH, HIS UH, SITE PLAN OR ELEVATION PLAN, WE SAW THAT IT WAS PERMITTED BEFORE THE UDC AMENDMENT.
ALRIGHT, THAT'S GOOD ENOUGH FOR ME.
ALRIGHT, IS THERE ANY, UH, COMMISSIONER QUESTIONS FOR THE APPLICANT MANAGER? AMEN.
SO MAYBE A QUESTION FOR CITY STAFF.
SO, SO, SO THERE'S, YOU KNOW, SO THERE'S A THREE STEP PROCESS TO GET HERE, RIGHT? SO BEFORE WE GOT HERE, AND SO, SO THE PLAN AMENDMENTS AND CHANGE AND ZONING CHANGE.
AND SO, SO I KNOW THAT, YOU KNOW, AS I RECALL AS IT WAS THAT WE DID THE UDC REWRITE, WE HAD A WHOLE SLEW OF, UH, DEVELOPERS COMING IN, YOU KNOW, TRYING TO MAKE SURE THAT THEY FIT WITHIN THE UMBRELLA OF THE THREE STORY VERSUS TWO AND A HALF STORY.
AND WERE, WE HAD A LOT OF THAT GOING ON.
AND, UM, AND WAS THERE, I GUESS WHEN WAS WHAT WAS REQUIRED FOR THE APPLICANT TO HAVE TURNED IN WHERE HE WOULD'VE BEEN, LET'S SAY, GRANDFATHERED IN AND WHAT WASN'T THAT PIECE THAT HE TURNED IN? I GUESS THAT THAT WHY IT IS THAT WE'RE HERE TODAY.
AS ANNE HAD STATED IN HER FIRST EMAIL THAT HE NEEDED TO, UM, SUBMIT FOR A SITE PLAN, UM, PERMIT, WHICH IS DONE THROUGH PLAN REVIEW.
AND, UM, SO THAT'S BASICALLY WHAT HE NEEDED TO START, WHICH HE DID NOT.
AND SO, UM, SO WHEN DID YOU SUBMIT YOUR SITE PLAN, PLEASE? WELL, AND, AND IF WE CAN LOOK BACK THAT EMAIL, I, I SENT HER SPECIFICALLY THE SITE PLAN AND THAT'S WHERE I WASN'T GETTING ANY, ANY RESPONSE AND I WAS YEAH, IT BUT ZONING, TURNING INTO THE ZONING IS NOT A PERMIT, CORRECT? RIGHT.
IT'S A, IT IS A SITE PLAN FOR THE PERMIT REVIEW, NOT THE ZONING.
YEAH, IT WOULD'VE HAD TO BEEN A CONSTRUCTION PERMIT APPLICATION SEPARATE FROM THE ZONING.
SO THAT IS BASICALLY WHAT THE CONCERN IS.
YOUR, YOUR PLAT IS A, IS A 2023 PLAT.
WHEN, WHEN, WHEN WAS THAT SUBMITTED? I'M LOOKING, AND I'M NOT TRYING TO SAY THAT TURN.
I MEAN, A PLAT IS THEORETICALLY A PERMIT WHEN YOU LOOK AT, YOU KNOW, RIGHTS AND ALL THAT GOOD STUFF.
BUT ONE THING THAT YOU DO WITH A PLAT IS THAT YOU ALSO ARE TURNING IN, UH, SITE PLANS LIKE FOR THE DRAINAGE SUBMITTAL.
SO SOMETIMES IT'S, IT'S, SO THE PLAT WAS SUBMITTED OCTOBER, 2023.
SO THAT WAS AFTER THE JANUARY 1ST.
ALRIGHT, ANY QUESTIONS? AND SO THEN, UM, SO WE, WE DID HAVE DI OR WE, WE HAD A POSITION ON TWO AND A HALF STORY.
SO I'M TRYING TO, I'M A LITTLE CONFUSED WITH REGARDS TO THAT NOTE THERE OF WHAT A, WHAT A DELTA WAS BETWEEN A THREE STORY AND A TWO AND A HALF STORY.
SORRY, I DIDN'T MEAN TO INTERRUPT.
I DIDN'T, WHAT'S THE END OF YOUR QUESTION? SO, SO I GUESS THE QUESTION IS WHAT, WHAT WAS THE DELTA BETWEEN THOSE TWO AND AS SUBMITTED RIGHT NOW, UM, WHAT IS, WHAT IS THAT DELTA BETWEEN A TWO AND A HALF STORY? 'CAUSE HE'S NOT FAR FROM THE TWO AND A HALF STORY AS FAR, AS FAR AS MY UNDERSTANDING OF WHAT'S GOING ON.
UM, AND REALLY IT'S ABOUT THE LOCATION OF, OF THAT TOP STORY AND THE AMOUNT OF AMOUNT THAT'S UP THERE, RIGHT? SO THE OLD, UM, INTERPRETATION FOR A TWO AND A HALF STORY IS AS TOP AS YOUR TOP FLOOR WAS ONLY LIKE, LIVABLE SPACE WAS ONLY 50% OF THE BOTTOM FLOOR.
SO IT DIDN'T MATTER IF YOU HAD WALLS TO THE EDGE, UM, BASICALLY AS LONG AS YOUR LIVABLE SPACE.
AND THAT'S INCLUDING JUST YOUR BEDROOMS, ANY LIVING SPACES, IT'S NOT INCLUDING BATHROOMS OR UH, HALLWAYS.
THOSE KIND OF ITEMS. THEY WERE NOT PART OF THAT LIVING SPACE.
SO AS LONG AS THE LIVING SPACE THOUGH WAS LESS THAN HALF 50% OF THE BOTTOM FLOOR OR THE FLOOR UNDERNEATH IT, I'M NOT EXACTLY CERTAIN.
WHEREAS NOW THE CURRENT CODE IS YOU HAVE TO BRING IN WALLS ON THE SIDES AND UM, STILL MEET THAT 50% ON THE FLOOR UNDERNEATH IT.
YOU HAVE TO BRING IN 20% AND THEN YOU ALSO CANNOT HAVE A TERRACE.
[01:20:01]
UM, LIKE YOUR, THE OLD VERSION WOULD PERMIT BALCONIES, TERRACES ON THAT TOP FLOOR THAT IS OPEN, BUT NO, THAT IS NOT, UH, PERMITTED NOW.UH, BUT, AND ALSO I WANTED TO ADD THAT, THAT WHILE THIS APPLICANT REALLY COULD HAVE PUSHED, UH, THESE BUILDINGS TO BE MUCH MORE MASSIVE 'CAUSE IDZ ALLOWS FOR A FIVE FOOT EXTERIOR, WHICH IS SURROUNDING ALL THREE WITH IN INTERIOR WISE, LIKE HE'S SHOWING 10 FEET BETWEEN, HE DIDN'T EVEN HAVE TO DO THAT.
AND SO THIS IS, UM, ONE THING I'M NOTICING IS, IS THAT THE FOOTPRINT OF THE STRUCTURE IS PRETTY DARN SMALL TO WHAT I USUALLY SEE ON ID Z.
UH, ANY OTHER QUESTIONS? SO, ZUNA, COMMISSIONER UNA, UM, SO YOU HAVE THE SUPPORT OF THE NEIGHBOR THAT ABUTS THE REAR OF THE PROPERTY LINE.
DID THEY SEE THE, THEY WERE, UM, PRIVY TO THE PLANS AND THE YES, SIR.
FIRST TIME AROUND AND THEN I HAVE THEIR SIGNATURE AND THEN THE SECOND TIME AROUND JUST TO CONFIRM, SINCE WE HAVE THIS MEETING AND THOSE WOULD, THAT WOULD BE THE MOST AFFECTED PROPERTY ON THE RIGHT? YES SIR.
TO WHAT YOU'RE PLANNING, SO CORRECT.
UH, IS THERE ANY VOICE? WELL, SO MAYOR AS A, SO 1 39 IS BUTTS AT THE OTHER SIDE OF THE PROPERTY, SO, SO THAT ONE IS GONNA HAVE, YOU KNOW, BASICALLY A WALL THERE AS WELL.
SO, BUT, BUT I THINK, YOU KNOW, TO YOUR POINT, I THINK THAT IT CERTAINLY IS MORE IMPACTFUL ON THE 1 0 8, BUT THERE'S THE 1 39 THERE, MON, I, I JUST GOT SOMETHING FOR CITY.
IS THIS A HISTORIC, UH, IN THE HISTORIC DISTRICT? NO, IT IS NOT.
IT'S 'CAUSE I'M NOTICING COLLINS GARDEN, UM, I GUESS HAD SOME, SOME ISSUES WITH THINKING IT'S HISTORIC, BUT IT'S, IT'S NOT CORRECT.
THERE'S NO HISTORIC OVERLAYS OR ANY NCD OVERLAYS THAT I SEE HERE.
IS ANYONE SIGNED UP TO SPEAK OR VOICEMAILS? NO PUBLIC COMMENT.
I THOUGHT YOU WERE LEANING FORWARD TO COME.
UH, ANY OTHER QUESTIONS FROM THE COMMISSION? I THANK YOU VERY MUCH.
WE'RE GOING TO LOOK FOR A MOTION AND SEE HOW THIS TURNS OUT.
WHO? I HAVE ONE MORE BEFORE THE, FOR THE APPLICANT? YES.
COMMISSIONER LEAVES ACTUALLY, UM, THE, THIS TOP STORY OF THESE, OF THESE HOMES, UM, WHAT'S, WHAT'S ON THAT TOP STORY? IS IT, IS IT LIVING SPACE? IS IT THE PHOTOS THAT I TOOK OR OF OUR, OF OF MINE O OF THESE, OF THESE HOUSES WHEN THEY'RE BUILT, WHAT IS THAT THIRD STORY GONNA BE? IS IT A YEAH, THE THIRD STORY, UH, FACING, UH, FOREST, UM, THAT'S ACTUALLY JUST LIKE WOOD CLADDING ON THAT THIRD STORY ON THE BACK IS ACTUALLY THE BALCONY.
50% OF LIVING SPACE IS OF THE FIRST FLOOR.
IS THAT LIKE A BEDROOM? WHAT IS HAPPENING UP THERE? HE'S ASKING WHAT HAS HAPPENED.
IS IT LIKE A BEDROOM? IS IT A BEDROOM? OH YES, IT'S A, THE MASTER MASTER BEDROOM.
SO IT'S BEDROOM, CLOSET, AND MASTER BATH.
SO IF WE HAVE TO ALTER THIS IN ANY WAY, DOES IT, DOES IT CHANGE THAT MM-HMM
RIGHT? YEAH, IT WOULD, UH, WE, WE LOOKED AT WHAT IT WOULD BE.
THEY GAVE ME A MOCK, UH, TO SEE ON THAT.
Y'ALL CALL IT A PANCAKE, I GUESS AT THE VERY TOP.
UM, IT, UH, LITERALLY WILL TAKE, TAKE AWAY EVERYTHING, UM, OF THAT THIRD STORY.
SO YOU LOSE THAT BEDROOM, I LOSE A STAIRCASE, I CAN'T EVEN GET UP TO, UH, THE THIRD STORY BY CHANGING OR ALTERING.
SO YOU LOSE OCCUPANTS, YOU LOSE A MASTER BEDROOM, YOU LOSE A LOT IF WE DON'T MM-HMM
AND MY, MY FEAR ON THIS IS THAT HE WOULD, HE WOULD TAKE THESE BUILDINGS TO BE THREE FEET APART AND MAKE A MASSIVE, YOU KNOW, FOOTPRINT INSTEAD OF THINNER.
SO THAT'S THE OTHER, UH, ITEM UP WHEN, UH, ANOTHER QUESTION FOR THE APPLICANT.
SO I KNOW WHEN YOU WERE SPEAKING WITH MS. BENAVIDEZ, UM, GOING BACK AND FORTH, YOU WERE KIND OF CONFUSED THERE.
DID SHE EVER TELL YOU, 'CAUSE IT AS CITY WAS A CONSTRUCTION PERMIT THAT WAS MISSING? RIGHT? AGAIN, UM, HE NEEDED TO EITHER START A SITE PLAN, A CONSTRUCTION SITE PLAN, UM, OR SUBMIT CONSTRUCTION PLANS.
DID MS. BENAVIDEZ IN ANY OF THOSE EMAILS SPECIFICALLY TELL YOU ANY OF THOSE ITEMS? NO.
WHAT I, WHAT I BROUGHT WAS IN THE CONTEXT OF WHAT I UNDERSTOOD AND THAT'S WHERE I WAS TRYING TO FIGURE OUT WHAT ELSE I NEEDED, UM, FROM HER.
LIKE THE FIRST ONE YOU'RE ASKING LIKE, HEY, WHAT, WHAT'S, WHAT IS THIS, WHAT'S THE NEXT STEPS? YOU ASKED FOR AN UPDATE ON THAT, BUT THEN NEVER DO YOU GET A REPLY BACK STATING SPECIFICALLY YOU ALSO, YOU YOU NEED TO GET THIS CONSTRUCTION PERMIT CORRECT.
PUSHED AS QUICKLY AS POSSIBLE.
I DIDN'T SEE THAT IN A, IN A REPLY.
RIGHT? UH, I DIDN'T SEE IT IF YOU DIDN'T SEE IT.
SO, AND QUESTION FOR SAY STAFF HERE.
SO, SO, SO IF YOU GO BACK TO THE, THE, THE PICTURE OF THE BUILDING ITSELF, AND SO, SO I'M JUST LOOKING FOR SOME NAMING QUALIFICATION OR SOME NAMING, UM, STANDARDS.
SO, SO, SO WE'VE SEEN THIS ONCE OR TWICE WHERE THE LOWER STORY IS SMALLER THAN THE SUBSEQUENT SECOND STORY.
UM, AND SO, UM, SO WHAT IS THAT DESIGN CALLED? SO, SO A BUILD OUT OR, OR YOU KNOW, 'CAUSE YOU GOT, UM, YOU KNOW, IT LOOKS LIKE TWO FEET OR THREE FEET ON BOTH SIDES THERE, UH, FROM THAT ARE LARGER THAN THE, THE BOTTOM FLOOR.
SO WHAT WOULD YOU CALL THAT MIDDLE SECTION? I NOT, I COULDN'T SAY I AM NOT AN ARCHITECT.
[01:25:01]
ANY ARCHITECTS HERE.SO WHAT WOULD YOU CALL THAT? SO JUST TRYING TO UNDERSTAND IT AS WE TALK ABOUT THAT.
UM, AND THEN THE SECOND CANTILEVER, CANTILEVER, CANTILEVERED.
SO, SO IS THE SQUARE FOOTAGE BASED ON THE CANTILEVER SPACE OR IS IT ON THE FIRST FLOOR SPACE? FIRST FLOOR.
I'M, I'M JUST CONFIRMING, I'M LOOKING AT THE OLD, I'M TRYING TO LOOK FOR THE OLD IB INFORMATION BULLETIN THAT TALKED ABOUT THE OLD SCHOOL WAY OF, UM, INTERPRETING THIS BRAGMAN COMMISSIONER BRAGMAN.
UM, WHAT IS THE DISTANCE BETWEEN THE PROPOSED, UH, STRUCTURE THAT'S FURTHEST TO THE EAST AND THE NEIGHBORING PROPERTY, WHICH IS 1 39 I BELIEVE FOREST? THAT WOULD BE, UM, YOU'VE GOT FIVE FOOT, IT'S SHOWING ON THE SITE PLAN AND THEN HOW FAR TO THE STRUCTURE AT 1 39? YEAH, I'M FIVE FEET FROM, UH, THE NEIGHBOR, THE FENCE LINE.
BUT I'M SAYING THE ACTUAL STRUCTURE ON 1 39, HOW THEY'RE ALMOST ON A ZERO LOT LINE.
SO THEY HAVE MAYBE LIKE TWO FEET.
SO ESSENTIALLY ABOUT SEVEN, LIKE SEVEN FEET, SEVEN FEET AWAY FROM YOUR STRUCTURE.
THANK YOU MANNA COMMISSIONER MANNA.
SO, UM, WITH REGARDS TO THE PLAN HERE, SO IF WE WERE, IF WE WERE TO READ IN THE MOTION AND, AND WISH FOR IT NOT TO CHANGE MORE THAN WHAT IS CURRENTLY PICTURED, UM, IS THERE A WAY THAT THE MOTION COULD BE READ SO AS TO ENSURE THAT THIS IS THE MOST THAT WE'RE GRANTING? YEAH.
IS THE, IS THE SITE PLAN AND ELEVATION PART OF THE PACKAGE THAT CAN BE REFERENCED BY THE MAKER OF THE MOTION? UM, I WOULD BELIEVE THAT YOU COULD TECHNICALLY, UM, I BELIEVE THAT WAS WHAT Y'ALL DID.
UH, THE LAST TIME WHEN THIS WAS CONTINUED, SOMEBODY HAD NOTE NOTED THE, UM, ARCHITECTURAL PLANS AS WHEN THEY READ IN THE MOTION.
IT WAS PRESENTED DURING TODAY'S MEETING.
UM, SO YOU CAN REFERENCE THAT.
YEAH, I WOULD, I WOULD SUGGEST RECOMMENDING THE SITE PLAN AND THE ELEVATIONS, UM, YOU KNOW, YEAH.
PLANS AS SUBMITTED AND REVIEWED DURING THE NINE 30 BOA MEETING.
AND THEN JUST, SORRY, UH, BACKTRACKING THE OLD SCHOOL WAY, WE USED TO, UM, INTERPRET THE HALF STORY.
IT WOULD BE BASED OFF OF THE SQUARE FOOTAGE ON THE GROUND FLOOR.
UM, DID YOU SPEAK TO THE OWNER OF 1 39 FOREST, THE ONE THAT'S CLOSEST TO THE EAST BUILDING? UM, THE RENTERS ON, ON THAT ONE.
I WASN'T ABLE TO GET AHOLD OF THE OWNER.
DID THE RENTERS HAVE ANY OBJECTION? I THINK IF WE CAN PULL UP MAYBE THE FIRST SIGNATURES, I DON'T KNOW IF I GOT THEIR SIGNATURES THE FIRST TIME AROUND.
UM, NO, IT DOESN'T LOOK LIKE I, I DID.
AND JUST TO, UH, HIGHLIGHT, I KNOW JUST TO CLEAR UP ANY CONFUSION, UM, WHENEVER THE EARLY CONVERSATION BETWEEN ZONING STAFF AND THE APPLICANTS, UM, MENTIONED SITE WORK PERMIT, UM, WE WERE INDICATING THAT IS A DIFFERENT PROCESS.
I UNDERSTAND THAT THE APPLICANT THOUGHT THAT IT WAS A PROCESS OF THE SITE PLAN.
UM, I DON'T THINK THE APPLICANT JUST DIDN'T DO NOTHING ON PURPOSE AND WAITED FOR YEARS TO DO IT.
UM, I JUST THINK THERE WAS A MISUNDERSTANDING, BUT THE ZONING STAFF DID SAY SITE WORK PERMIT NEEDS TO BE TURNED IN BEFORE THIS CERTAIN DATE.
UM, SO JUST WANTED TO CLEAR THAT UP SINCE IT WAS BROUGHT UP.
ALRIGHT, SO WITH THAT, IF THERE'S, UH, NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION.
ANNA COMMISSIONER MANANA, REGARDING CASE NUMBER BOA 2 5 1 0 3 0 0 1 5 2.
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
TWO, DUE TO SPECIAL CONDITIONS, A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT WOULD BE REQUIRED TO ALTER THE PROPOSED DESIGNS OF THE HOME, WHICH WOULD SIGNIFICANTLY REDUCE THEIR OVERALL SQUARE FOOTAGE.
THREE, BY GRANTING THE VARIANCE OF THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED, THE SUBSTANTIAL JUSTICE WILL BE DONE AS THE HEIGHT OF THE STRUCTURES, INCLUDING THE PROPOSED THIRD STORY, WOULD NOT EXCEED THE OVERALL MAXIMUM ALLOWABLE HEIGHT LIMITATIONS MEASURED IN FEET FOR THE DISTANCE OR FOR THIS DISTRICT, UH, FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THESE VARIANCES ARE LOCATED OR IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE, UH, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED
[01:30:01]
AS A TYPICAL HEIGHT.VARIATION BETWEEN STRUCTURES IN THIS AREA WOULD NOT BE SIGNIFICANTLY DISRUPTED OR OTHERWISE DE UH, DEPARTED FROM BY GRANTING THIS VARIANCE.
SIX BY PLOT OF THE OWNER OF THE PROPERTY, OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
UH, THE VARIANCE OF SOUGHT, UH, BEING, UH, THE VARIANCE IS BEING SOUGHT AS THE UNIFIED DEVELOPMENT CODE WAS AMENDED DURING THE TIME AT THIS PROJECT, ORIGIN ORIGINAL PROPOSITION BY CHANGE OF ZONING AND THE CURRENT STATE MAKE THE PROPOSED DESIGN NON-COMPLIANT WITH THE CURRENT CODE.
AND I'M GOING TO ADD, I APOLOGIZE, I MISSED A POINT IN THE BEGINNING WITH REGARDS TO, UM, THAT THE RESTRICTIONS BEING, UM, UM, UM, DEFINED BY WHAT HAS BEEN SUBMITTED HERE BEFORE THE BOARD.
AND SO WE'LL INCLUDE THAT IN THERE WITH REGARDS TO THE INITIAL READING.
SO I APOLOGIZE FOR MISSING THAT.
THE SUBMIT IS, UH, SEPTEMBER 30TH.
SO FOR TODAY'S DATE, WHICH IS, UH, NINE 30, AND SO AS SUBMITTED IN TODAY'S DATE, THANK YOU.
UH, IS THERE A SECOND? SECOND.
SO, WELL, THANK YOU FOR GOING BACK AND, AND, AND DOING, UM, A, UM, A VERY GOOD JOB WITH REGARDS TO GIVING SOME OF THE DETAILS WITH REGARDS TO THE WORKFLOW, AND I APPRECIATE THAT SIGNIFICANTLY.
UM, YOU KNOW, SO, SO PART OF THE DIALOGUE, YOU KNOW, FOR THE, FOR THE LIGHT, YOU KNOW, AS WE LOOKED AT THAT WITH REGARDS TO THE UDC REWRITE, YOU KNOW, I THINK IT WAS, YOU KNOW, THERE'S A LOT OF RELEVANCE TO IT AND, AND, AND I THINK THAT YOU ARE PROVIDING THAT WITH THE STRUCTURE AS BEEN DEFINED.
YOU KNOW, THERE WAS SOME DIALOGUE WITH REGARDS TO ALLOWING PEOPLE UP THERE.
SO THAT'S A, THAT'S A KIND OF A NUANCE KIND OF THING.
UM, BUT I THINK BECAUSE IT IS THAT YOU ARE LIMITING THAT TOP STORY TO LESS THAN 50%, UM, AS, UM, YOU KNOW, AS, WHICH IS REALLY KIND OF WHAT THE GOAL OF THE, UM, YOU KNOW, BOTH BEFORE AND AFTER.
UM, I THINK THAT'S APPROPRIATE.
I THINK, UM, YOU KNOW, HAVING THE COMMUNITY AROUND YOU IN SUPPORT IS ALSO OF RELEVANCE.
UM, AND THEN I ALSO THINK THAT MAYBE, UM, YOU KNOW, OVERALL WITH REGARDS TO HOW THIS PLAN WAS SUBMITTED AND SOME CONFUSION THERE, UM, MY PREFERENCE WOULD'VE BEEN THAT THIS CONFUSION WOULD'VE BEEN LAID OUT RIGHT AFTER ALL OF THIS STUFF HAPPENED, AND IT'D BEEN AN EASIER CONVERSATION FROM MY PERSPECTIVE.
BUT THAT ALL THAT SAID, UH, I WILL BE VOTING IN FAVOR.
THANK YOU, COMMISSIONER BEESE.
YEAH, I, I AGREE WITH, UH, COMMISSIONER MANUP.
UM, ALSO, I, I THINK THAT, UH, LOSING ANY SPACE ON THAT THIRD FLOOR LOSES THE MASTER BEDROOM.
I THINK IT'S IMPORTANT TO KEEP THAT UP THERE.
UM, I THINK HE DID TRY TO COMMUNICATE WITH CITY AND GET SOME ANSWERS.
UH, I THINK IT WAS JUST TIMING AND, AND DELAYS KIND OF WAS, UH, THE ISSUE THERE.
UM, AND, AND, UH, YEAH, I'VE BE SUPPORT.
ANYONE ELSE LIKE TO ADD? OH, ZUNA COMMISSIONER ZUNA, I'LL BE IN SUPPORT AS WELL.
I THINK IF THIS, UH, VARIANCE WERE TO BE DENIED, THE ALTERNATIVE WOULD BE A MUCH MORE DENSER DEVELOPMENT TO TRY TO MAXIMIZE THE USE OF THIS PROPERTY.
AND I THINK WHAT HE'S PROPOSING HERE WITH THE VARIANCE IS THE MOST, UM, UH, I THINK MOST LEAST IMPACTFUL TO THE NEIGHBORHOOD.
AND I THINK GIVEN THE NEIGHBOR'S SUPPORT BEHIND HIM, I'M SUPPORTING THE, THE VARIANCE AS REQUESTED.
ANYONE ELSE LIKE TO ADD HEARING NONE.
LET HAVE A ROLL CALL VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR WILLIAMS AND I CONCUR WITH THE FINDINGS OF FACT.
IS THERE ANYTHING ELSE THAT I NEED TO DO? NO, I, I THINK YOU'VE WAITED IN THIS ROOM LONG ENOUGH.
CONSIDER A REAL ESTATE ATTORNEY, APPLY FOR YOUR PERMIT WITHIN 12 MONTHS.
PLEASE GO TO CUSTOMER CONSULTATIONS AND GET THOSE APPLICATIONS STARTED.
AND REMEMBER, YOU HAVE ONE YEAR TO APPLY FOR A PERMIT OR THIS ALL OF BECOMES VOID, THIS DECISION TODAY.
IS IT GET A PERMIT OR APPLY FOR A PERMIT? APPLY.
WE'RE GONNA TAKE A SEVEN MINUTE BREAK.
WE ARE GOING TO GO BACK INTO SESSION.
UH, WE'RE GONNA MOVE TO ITEM NUMBER SEVEN, UM, SEVEN EIGHT OH, UH, WHICH IS AT, UH, 1323 WEST THEO.
[01:35:01]
ADDRESS IS 1323 WEST THEO AVENUE COUNCIL DISTRICT FIVE APPLICANT IS ROBERTO AGUILAR.REQUEST A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FOOT FROM THE SIDE.
PROPERTY LINE ZONING IS R FIVE.
SUBJECT PROPERTY IS LOCATED ALONG WEST STEEL AVENUE, EAST OF SOUTH ZAMO STREET.
THE APPLICANT BEING THE PROPERTY OWNER IS REQUESTING A FOUR FOOT VARIANCE TO ALLOW A CARPORT TO REMAIN ONE FOOT FROM THE SIDE PROPERTY LINE.
THE APPLICANT OBTAINED A PER OBTAINED A PERMIT TO CONSTRUCT A CARPORT IN FEBRUARY OF 2025.
HOWEVER, THE APPLICANT DEVIATED FROM THE PROPOSED FIVE FOOT SIDE SETBACK AS SHOWN ON THE COMPANY SIDE PLAN TO ALLOW FOR TWO CARS TO PARK UNDER THE CARPORT DURING A STAFF SIDE VISIT.
THE CARPORT WAS OBSERVED TO BE ONE FOOT FROM THE SIDE PROPERTY LINE.
THE CARPORT IS APPROXIMATELY 18 FEET WIDE.
HERE'S YOUR SIDE PLAN SHOWING THE CARPORT, THE SUBJECT PROPERTY AND THE SIDE SET BACK AND THE SIDE SET BACK UP CLOSE.
HERE'S THE PORTION SHOWING THE, UH, CARPORT ATTACHED TO THE MAIN STRUCTURE AND YOUR SURROUNDING AREA.
STAFF RECOMMENDATION, CAR CARPORT, SITE SETBACK VARIANCE.
STAFF RECOMMENDS DENIAL AND BO O 8 25 1 0 3 0 0 1 7 1 BASED ON THE FOLLOWING FINDINGS, INTERVENTION SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
THE REQUESTED VARIANCE WILL ALTER ESSENTIAL CHARACTERS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
NOTIFICATION PLAN STAFF, NO DOUBT, 41 NOTICES ZERO.
UH, RECEIVED IN FAVOR, ZERO RECEIVED IN OPPOSITION.
NO RESPONSE FROM PALM HEIGHTS NEIGHBORHOOD ASSOCIATION AND NO RESPONSE FROM THE COMMUNITY ORGANIZATIONS.
THIS CONCLUDES STAFF'S PRESENTATION AND APPLICANT IS AVAILABLE.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
STATE YOUR NAME, TELL US ABOUT YOUR CURRENT BOARD.
HI, UM, ROBERT AGUILAR, HOMEOWNER BORN AND RAISED HERE IN SAN ANTONIO.
UM, IT'S TAKEN ME 15 YEARS TO BASICALLY SAVE UP TO FINALLY UPGRADE MY HOUSE.
UM, THE EXISTING STRUCTURE OF THE CARPORT THAT WAS ON THE ALREADY THERE WAS FOR TWO CARS TO BE INSIDE THE CARPORT.
UM, I THOUGHT IT WAS EASIER TO BREAK IT DOWN AND PUT IN A NEW ONE AND HAVE NO ISSUES.
BUT, UH, THROUGH MY NAIVENESS I'VE NEVER GONE THROUGH THIS WHOLE PROCESS.
UH, I DIDN'T KNOW WHAT ARE THE INS AND OUTS OF EVERY PERMIT THAT YOU HAVE TO DO AND WHAT ARE THE REQUIREMENTS, ET CETERA.
BUT UPON THE CONTRACTOR INDICATING TO ME THAT WITH THE FIVE FOOT VARIANCE, THERE WAS NO WAY THAT I COULD PUT TWO CARS IN THERE.
UH, AND SO HE SAID, YOU KNOW, THIS IS WHERE IT COULD BE SAFELY TO FIT TWO CARS.
I SAID, GO AHEAD, PUT IT RIGHT THERE.
I DIDN'T KNOW WHAT THE IMPLICATIONS WERE.
UM, SO MY, I GUESS MY FOUR FOOT VARIANCE NOW SO THAT I COULD STAY ONE FOOT AWAY FROM THE PROPERTY LINE IS WHAT I'M ASKING FOR.
UH, AND THE REASON I'M ASKING FOR IT IS BECAUSE, AGAIN, PUT TWO CARS IN THERE, BUT MORE IMPORTANTLY, UM, THEO AVENUE IS AN AVENUE ONE WAY STREET ON A DAILY BASIS.
WE HAVE CARS COMING THE WRONG WAY ON A DAILY BASIS.
THERE'S CARS ZIPPING THROUGH, UH, THEO AVENUE.
IT'S A RACING CARNA STREET FOR SOUTHERNERS.
UM, AND SO IT'S REALLY IMPORTANT TO BE ABLE TO PARK OUR CARS FURTHER IN THAN OUT STICKING TOWARDS THE ACTUAL, UM, ROAD.
UM, MORE SPECIFICALLY ON OUR AVENUE.
THERE'S NO WAY TO PARK ON THE SIDE OF THE ROAD OF OUR HOME.
IT'S GOTTA BE ON THE OPPOSITE SIDE, WHICH IS TYPICALLY FULL OF EVERYBODY ELSE.
UM, AND SO I HAVE NOTHING BUT GIRLS AND I, MY GIRLS ARE THE ONES THAT LIVE IN MY HOUSE.
I ACTUALLY THROUGH WORK LIVE IN HOUSTON NOW, HENCE WHAT YOU SEE.
UM, BUT I'M ASKING FOR YOUR, UH, LENCE ON HAVING THIS VARIANCE.
UH, MY FRONT DOOR NEIGHBOR HAS THE SAME VARIANCE RIGHT AT THE LINE, TWO DOORS DOWN.
MY NEIGHBOR HAS THE SAME SORT OF VARIANCE ON THE ACTUAL PROPERTY LINE, SO I DON'T THINK I'M CHANGING THE APPEARANCE OF THE NEIGHBORHOOD BY HAVING IT THE WAY IT WAS.
UM, I DON'T KNOW IF YOU HAVE THE HISTORICAL PERSPECTIVE VIEW OF WHAT IT LOOKED LIKE, UM, BUT THE POST THAT WE'RE HOLDING THE CARPORT PRIOR TO WERE ON THE PROPERTY LINE BEFORE NOW I BROUGHT 'EM BACK ONE FOOT AWAY FROM THE PROPERTY LINE.
SO HENCE, YOU KNOW, WHY I NEED THESE VARIANTS.
THE CARPORT'S NOT FULLY FINISHED BECAUSE WE GOT STOPPED OF COURSE.
AND SO I DO INTEND TO PUT A GUTTER SYSTEM SO THAT THERE IS NO WATER SORT OF TO
[01:40:01]
MY NEIGHBOR.MY NEIGHBOR, UH, UH, SHE'S A LITTLE OLDER NOW, BUT I DID TALK TO HER.
UM, MS. SUNGA HAS STATED TO ME AND MY WIFE, THEY HAVE A VERY GOOD RELATIONSHIP, HER AND MY WIFE.
SO THERE IS NO ISSUES WITH MY NEIGHBOR.
UM, IF GRANTED, I WILL PUT THE, THE GUTTER SO THAT THE WATER GOES STRAIGHT INTO THE STREET.
AND THEN AS FAR AS ANY WHATEVER I NEED TO DO TO HAVE IT.
AND I WILL AMEND MY PERMIT TO MAKE SURE THAT IT'S WITHIN CODE.
SO ARE YOU AMENDING YOUR APPLICATION, UH, AT THE PODIUM TO INCLUDE GUTTERS? UM, I DON'T KNOW.
THAT'S WHAT I HAVE TO DO, BUT, WELL, WE CAN'T DO CONDITIONAL, YOU KNOW, YOU, YOU EITHER HAVE AN APPLICATION BEFORE US THAT INCLUDES GUTTERS OR IT DOES NOT.
WOULD YOU LIKE TO ADD GUTTERS TO IT? YES, PLEASE.
SO WE HAVE AN APPLICATION THAT'S BEEN AMENDED BY THE APPLICANT TO NOW INCLUDE GUTTERS, UH, ON THE, ON THE, UH, WEST SIDE.
UH, IS THERE ANY COMMISSIONER QUESTIONS? BRAGMAN COMMISSIONER BREGMAN? UM, SO LOOKING HISTORICALLY, IT LOOKS LIKE THAT PREVIOUS, UM, CARPORT WAS THERE SINCE 2007.
HAVE YOU OWNED IT? I'VE OWNED IT SINCE TWO, SINCE 1989.
AND, AND IT'S BEEN THERE FOREVER? IT HAS.
AND THEN ON THE, UM, THE SIDE CLOSEST TO YOUR NEIGHBOR, MS. ZUNIGA ZUNIGA.
HOW CLOSE IS HER HOUSE TO THE FENCE? THE, YES.
UH, I WOULD SAY ABOUT FOUR OR FIVE FEET AWAY.
ANY OTHER QUESTIONS? NANA? COMMISSIONER AMANDA? SO, UH, SO I WAS TRYING TO KEEP UP, UH, UM, WITH, UH, I GUESS HOW IT IS THAT WE GOT TO WHERE WE ARE.
AND SO YOU INDICATED THAT THE BUILDER, UM, WAS THAT YOU'RE WORKING WITH, HE SAID THAT, UH, IT HAS TO BE FIVE FEET AWAY.
UM, I GUESS COULD YOU GO THROUGH THAT DIALOGUE AGAIN? AND THEN ALSO, WHAT WAS THE BUILDER'S NAME? UM,
UM, AGAIN, I'M JUST A HOUSEHOLD HOMEOWNER, WHATEVER.
UM, AND SO, UH, HE ASKED ME DID I GET A PERMIT? I SAID, YES, HERE'S THE PERMIT.
HE SAW THE PERMIT, HE MARKED DOWN WHERE IT WOULD GO, AND THEN HE LAID DOWN THE TAPE MEASURE AND SAID, YOU'RE NOT GONNA FIT TWO, TWO CARS IN THE SPACE.
AND SO HE SAID, WHERE DO YOU WANT ME TO PUT IT? AND I SAID, WHERE DOES IT FIT? AND HE SAID, WELL, IT FITS HERE BARELY.
AND I SAID, LET'S JUST DO IT THERE.
SO YES, I GAVE HIM THE GO AHEAD, BUT I DIDN'T KNOW WHAT THAT IMPLIED.
UM, I WILL AMEND MY PERMIT ACCORDINGLY IF GRANTED PERMISSION TO DO SO.
WELL, WHAT I'M SEEING HERE IS, IS THAT PREVIOUSLY YOUR POSTS ARE IN THE SAME PLACE, BUT THE COVER DIDN'T GO PAST THE SIDE OF YOUR HOME.
AND SO IT'S EITHER WAY, IT STILL WOULD'VE BEEN IN VIOLATION.
I MEAN, SO DOES HE HAVE A LAST NAME?
AND I JUST, I, I JUST WANT, SO, SO I'M ON A MISSION TO KIND OF UNDERSTAND WHO ALL OF OUR BILLERS ARE AND AS IT IS THAT WE HAVE SOME THAT AREN'T NECESSARILY MORALES MORALE LESS.
JUST FOR THE RECORD, I DON'T THINK THAT OUR BOARD SHOULD BE POLICING THIS KIND OF THING OF WHO BUILDS WHAT I, I REALLY BELIEVE BOTTOM LINE IT'S THE HOMEOWNER'S RESPONSIBILITY FOR THESE KINDS OF PROJECTS.
BOTTOM LINE AND, AND WHAT, AND SO I DO AGREE THAT THIS, IT'S THE CITY'S ROLE FOR POLICING THESE, AND I'M TRYING TO WORK THEM INTO KEEPING A LIST OF THIS.
AND THAT'S WHY I KEEP ASKING FOR THAT QUESTION.
WELL, THEY NEED TO ASK, NOT US.
I'M NOT GONNA GET INTO THAT DISCUSSION.
UH, BUT, UH, ARE THERE ANY OTHER, UH, QUESTIONS REGARDING THIS CARPORT? UH, ALRIGHT, SO IN, IN YOUR, YOUR, IF YOU HAVE GUTTERS ON THE SIDE, THEY'LL BE EASILY LOCATED.
AND WHERE'S YOUR SITE, UH, DRAIN? IS IT US? DOES IT DRAIN TOWARDS THEO OR DOES IT DRAIN TO THE REAR? IT DRAINS TOWARDS THEO.
UH, IS THERE ANY OTHER QUESTIONS? ARE THERE ANY VOICEMAILS, ANYONE, SENATOR TO SPEAK? NO PUBLIC COMMENT.
UH, WELL THEN WITH THAT, I'M LOOKING FOR A MOTION BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO A DASH 25 DASH 0 3 0 0 1 7 1.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FOOT FROM THE SIDE PROPERTY LINE, INCLUDING GUTTERS ON THE WEST SIDE OF THE PROPERTY, SITUATED AT 1 3 2 3
[01:45:01]
WEST THE AVENUE, APPLICANT B AND ROBERTA AGUILAR.BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE HEIGHT DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE SITE SETBACK VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
UH, SUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERN.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
UH, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE APPLICANT CANNOT REDUCE THE SIZE OF THE CARPORT TO BE WITHIN SETBACKS ON THE LOT.
THREE, BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED SIDE SETBACK VARIANCE DOES NOT APPEAR, DOES APPEAR TO BE IN THE SPIRIT OF THE ORDINANCE AS SUFFICIENT SPACE WILL BE, WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF AND FIRE SAFETY CONCERNS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT.
WHEN THE VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS SIDE SETBACK VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES AS SUFFICIENT SPACE WILL REMAIN FOR MAINTENANCE OF THE CARPORT AND THE RISK OF POTENTIAL FIRE SPREAD WOULD NOT BE AGGRAVATED.
SIX P TO THE OWNER OF THE PROPERTY WHICH THE VARIANCE HAS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOW CREATED BY THE OWNER PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NOT MERELY FINANCIAL, THAT ARE NOT A RESULT OF GENERAL CONDITIONS IN THE DISTRICT AS A CARPORT COULD NOT BE LOCATED ON THIS PROPERTY TO FOLLOW THE SETBACK REQUIREMENTS.
UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION, ESPECIALLY SINCE THE APPLICANT AMENDED, UH, HIS, UM, APPLICATION TO INCLUDE GUTTERS.
UM, AND THE FACT THAT THE, UH, PREVIOUS CARPORT WAS ACTUALLY ONE FOOT FURTHER OVER TO THE WEST CLOSER TO THE FURTHER INTO THE SIDE SETBACK LINES, UM, BY WITNESS BY, UH, GOOGLE MAPS GOING BACK TO 2007 AND THE APPLICANT SAID SINCE 1998.
SO I'LL BE IN SUPPORT OF THE MOTION.
COMMISSIONER CRUZ? YES, I AGREE WITH MR. UH, BRAGMAN AND I DON'T SEE ANY PROBLEMS, ESPECIALLY LIKE SHE SAID, HE DID AMEND HIS APPLICATION TO INCLUDE THE GUTTERS AND, AND THAT WAS A BIG CONCERN FOR THE NEIGHBORHOOD.
ANYONE ELSE LIKE TO ADD HEARING NUNEZ? I HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACTS.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BEEZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
ALL RIGHT, IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF.
WE'RE BACK ON ITEM NUMBER FOUR.
ITEM NUMBER FOUR IS BO OA DASH 25 DASH 1 0 3 0 0 1 6 7 ADDRESSED AT 3 7 6 HAWTHORNE STREET IN CONS.
THE APPLICANT IS YES V INVESTMENTS LLCA REQUEST FOR THE ELIMINATION OF A 15 FOOT LANDSCAPE BUFFER ON THE WEST, SOUTH AND EASTERN PROPERTY LINE.
THE ZONE IS C ONE WITH A CONDITIONAL USE FOR MOTOR VEHICLE SALES.
THE SUBJECT PROPERTY IS LOCATED OFF THE INTERSTATE HIGHWAY 35 SOUTH ACCESS ROAD ON HAWTHORNE STREET.
THE APPLICANT PROPOSES TO DEVELOP THE LOT FOR MOTOR VEHICLE SALES GIVEN THE C ONE ZONE AND DESIGNATION 1515 FOOT LANDSCAPE BUFFERS ARE REQUIRED ALONG THE EASTERN AND SOUTHERN PROPERTY LINES, WHICH ARE SHARED WITH RESIDENTIAL DISTRICTS AND ALONG THE WESTERN PROPERTY LINEUP.
THE APPLICANT IS REQUESTING A VARIANCE ELIMINATE THESE LANDSCAPE BUFFER REQUIREMENTS TO ALLOW PARKING OF THE MOTOR VEHICLES FOR SALE WITHIN THE DESIGNATED BUFFER AREA.
[01:50:01]
AND THIS IS THE SITE PLAN.THE PARKING SPOTS FOR THE VEHICLES WILL BE LOCATED ALONG THE SIDE THAT ABUTS IH 35 AND THE RESIDENTIAL USES WERE ON THE WEST AND THE UM, SOUTH, THIS IS A HISTORICAL RESIDENTIAL VIEW FROM 2007 AND OF AS OF CURRENT OF JANUARY, 2022 BEFORE THE REZONING AND THE STATE AS IS, THIS IS A VIEW OF OF THE PROPERTY FROM THE SIDE, A BUTTON IH 35 AND THAT'S THE LOCATION WHERE THE VEHICLES ARE TO BE PARKED ACCORDING TO THE SITE PLAN.
AND ANOTHER VIEW OF THE INTERIOR OF THE PROPERTY AND THE SURROUNDING AREA.
STAFF'S RECOMMENDATION FOR THE BUFFER ELIMINATION STAFF RECOMMENDS DENIAL AND BO OA DASH 25 DASH 1 0 3 0 0 1 67 WITH AN ALTERNATE RECOMMENDATION FOR A FOUR FOOT LANDSCAPE BUFFER ON THE SOUTHERN PROPERTY LINE.
AN ELIMINATION OF THE LANDSCAPE BUFFER ON THE EASTERN AND WESTERN PROPERTY LINES EXCEPT FOR TWO LARGE NATIVE SPECIES TREES AND TWO UNDERSTORY NATIVE SPECIES TREES.
BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE WILL EXPOSE THE NEIGHBORING RESIDENTIAL USE TO INCREASE NOISE AND LIGHTING, REDUCING THEIR SAFETY AND PRIVACY.
AND TWO, THE REQUESTED VARIANCE WILL EXPOSE THE SUBJECT PROPERTY TO EXCESSIVE NOISE AND TRAFFIC IMPACTS FROM IH 35 SOUTH 21.
NOTICES WERE MAILED OUT, WE RECEIVED NONE IN FAVOR OR OPPOSITION FROM THOSE WITHIN THE 200 FEET AND NO RESPONSE FROM ST.
LEO'S NEIGHBORHOOD ASSOCIATION.
WE DID HOWEVER, RECEIVE OPPOSITION FROM DISTRICT FIVE'S OFFICE AND ANOTHER OPPOSITION WITH NO ADDRESS.
AND THIS CONCLUDES STAFF'S PRESENTATION.
LET'S HAVE THE APPLICANT COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
AND WHAT I WOULD LIKE TO HEAR IS, UH, DO YOU AGREE WITH STAFF'S ALTERNATE RECOMMENDATION AT SOME POINT DURING YOUR PRESENTATION? YES.
UH, GOOD AFTERNOON, MEMBERS OF THE BOARD.
MY NAME IS YESICA RAMIREZ WITH YES, VIC INVESTMENTS FOR 3 76 HAWTHORNE.
TODAY I'M HERE TO ASK FOR THE ELIMINATION OF THE LANDSCAPING BUFFER FOR BOTH SIDES OF THE PROPERTY.
AS THIS BUFFER WOULD NOT ALLOW FOR OUR SMALL USE CAR DEALERSHIP TO PROPERLY HAVE A DISPLAY AREA WITH A VERY LIMITED SPACE THAT WE DO HAVE.
UH, WHEN HIGHWAY 35 WAS BUILT, THE PROPERTIES BECAME MUCH SMALLER AND NOW WANTING TO CREATE SOMETHING THAT WILL BRING VALUE TO THE COMMUNITY THAT SURROUNDS THAT WOULD ALMOST MAKE IT IMPOSSIBLE FOR FOR US TO BE ABLE TO DO THAT WITH THESE BUFFERS IN, IN, IN PLACE.
UH, WE DID SPEAK WITH MR. MARK BUR CITY ARBORIST WITH, UH, LAND DEVELOPMENT OF HAVING THE FOUR FOOT SHRUB, UH, SHRUBBERY BUFFER ON THE BACK, WHICH IS THE SOUTH SIDE OF THE PROPERTY.
AND EVEN THOUGH IT DOES REDUCE A LITTLE BIT, I DON'T THINK WE HAVE ANY ISSUES AND I THINK THAT WOULD BE A GREAT COMPROMISE FOR US TO BE ABLE TO STILL CONDUCT OUR BUSINESS.
UH, WE RECENTLY HAD A ZONE CHANGE A FEW MONTHS AGO, UH, FROM RESIDENTIAL TO COMMERCIAL AND WE DID HAVE ABOUT FIVE OR SIX NEIGHBORS THAT SURROUND US IN FAVOR, ESPECIALLY THE ONE, UH, NEXT TO US ON THE EAST SIDE, UH, BEING THE ONE THAT WOULD ACTUALLY BE AFFECTED.
WE'RE DOING LIKE, WE'RE DOING A SIX FOOT PRIVACY FENCE TO REDUCE NOISE OR ANYTHING AND THEIR PRIVACY.
SO WE WE DO HAVE THAT IN PLACE.
AND THE TREES THAT ARE THERE, WHERE THEY'RE STAYING AND EVERYTHING.
WAS THE ZONING CHANGE I INITIATED BY YOU OR WAS IT INITIATED BY ME? BY YOU? OKAY.
AND FOR STAFF, UH, YOU'RE ALSO RECOMMENDING, UH, THE ELIMINATION OF THE BUFFER ON THE, UH, ON THE SIDE NEAR THE EXISTING HOME EXCEPT FOR THESE TWO TREES.
UH, WHAT DOES THAT MEAN EXACTLY? DO THEY, DO THEY HAVE TO HAVE THE ROOT PROTECTION ZONE OR NOT? OR, OR WHAT? UM, SO THEY HAVE TO HAVE WHATEVER IS REQUIRED FOR THOSE TWO TREES AS INDICATED ON A SIDE PLAN.
UM, BUT YEAH, ANYTHING THAT'S REQUIRED TO HAVE THOSE TREES, THEY'RE GONNA HAVE TO HAVE THAT AREA.
UM, ADDITIONALLY, THEY WILL HAVE TO HAVE A SIX FOOT OP UH, PRIVACY FENCE ALONG THE, UH, RESIDENTIAL THERE.
AND DO YOU, AND, AND DO YOU, I NOTICED YOUR PROPERTY, IS THERE A HOSE BIB ON THE REAR OF THAT BUILDING? YES, THERE IS.
SO IF YOU WERE TO KEEP THOSE TWO TREES AND HAVE THAT BUFFER IN THE REAR, UH, YOU WOULD HAVE TO HAVE HOSE BED WITHIN A HUNDRED FEET? YEAH.
[01:55:01]
THE COMMISSION? CRUZ COMMISSIONER UNA, THEN CRUZ? UH, RIGHT HERE.UH, JUST CURIOUS, ARE YOU GOING TO DO ANY LIKE, UH, AUTO REPAIR OR BODY SHOP? NO, WE DON'T HAVE A MECHANIC ON SITE.
SO AS WE BRING THE VEHICLES IN, THEY'RE ALREADY A GOOD 90% READY, JUST CLEAN 'EM OUT AND GET 'EM READY TO SELL.
WHAT ARE THE HOURS OF OPERATION FOR THE, UH, IT IS NINE TO 6:30 PM OKAY.
UM, I NOTICED THAT THE COUNCILMAN'S OFFICE IS OPPOSING THIS.
DO YOU KNOW WHY? NO, I DO NOT.
I JUST FOUND OUT AS I WAS WALKING INTO THE MEETING.
DID YOU TALK TO THE COUNCILMAN'S OFFICE AT ALL? NO, I DID NOT.
I DIDN'T HAVE ANY KNOWLEDGE THAT THERE WAS GONNA BE ANY OPPOSING SINCE I, I KNEW I HAD ALREADY TALKED TO MY NEIGHBORS AROUND AND NOBODY HAD ISSUES, SO I DID NOT KNOW AND I DID NOT TALK TO THE COUNCIL.
DIDN'T, YEAH, BUT THEY DIDN'T TALK TO THE COUNCIL WOMAN'S OFFICERS.
I, I WOULD, I, I HONESTLY WOULD RECOMMEND, UM, A CONTINUANCE SO THAT, UH, THE APPLICANT CAN GO AND SPEAK WITH THE OFFICE BECAUSE THE OFFICE LIKELY RECEIVED INPUT FROM OTHER VOTERS WHO DID NOT PROVIDE THEIR INPUT HERE.
AND I WOULD HAVE A HARD TIME, YOU KNOW, GOING AGAINST THE, THE OFFICE BECAUSE THAT IS, YOU KNOW, THAT THAT IS A BIG SAVE LARGER THAN THESE NEIGHBORS.
IT'S REALLY THE WHOLE COMMUNITY SAYING, YOU KNOW, GIVEN A POSITION.
SO, SO I WOULD, I WOULD WANT PROBABLY HEAR THAT STAFF IS THERE, DID YOU HEAR ANYTHING FROM THE COUNCIL'S OFFICE AS TO ANY REASONING OR ANY DISC NARRATIVE? UM, JUST WHAT WAS UH, PRESENTED.
UM, HERE, THAT'S THE ONLY, UH, INDICATION THAT, OR ONLY INFORMATION THAT WE RECEIVED FROM THEM.
UM, AND JUST ADDITIONALLY, THE ORDINANCE PASSED, DID RESTRICT HOURS OF OPERATION MONDAY THROUGH SATURDAY, 9:00 AM TO 6:30 PM AND NO, NO OUTDOOR AMPLIFICATION OF SOUND.
YEAH, WE HAD ALREADY AGREED TO THAT WHEN WE DID THE ZONING CHANGE.
UH, CAN YOU BRING UP THE CONDITIONAL SITE PLAN? WHEN THIS, WHEN, WHEN WOULD, WHEN DID THE ZONING GO THROUGH? I WANNA SAY IT WAS FEBRUARY, MARCH, I THINK OF THIS YEAR.
SO THERE'S YOUR SITE PLAN CHAIR.
I, WHILE WE'RE LOOKING AT THE SITE PLAN, UM, MS. RAMIREZ, WHERE WOULD YOUR OTHER DRIVEWAY BE FOR BECAUSE SEE IT ON THE PLAN.
WELL, I SAW, SEE THE ONE ON THE FRONT EXISTING.
IT'S THE EXISTING DRIVEWAY THAT, SO YOU'RE ONLY GONNA HAVE ONE ENTRY AND THE EXIT.
AND, AND THAT'S ON THE REST, IT'S EXISTING AND THAT'S THE STREET WHERE THE RESIDENTIAL YES.
UM, SO YOU'RE NOT GONNA HAVE, UH, AN, AN INGRESS OR EGRESS ON A DRIVEWAY ON THE HIGHWAY SIDE STREET.
NO TRAFFIC SAID IT WAS FINE TO THAT.
YES, I WILL STATE, UM, WHEN SHE WAS GOING THROUGH THE REZONING, WE CONTACTED TEXDOT ABOUT THIS AND I THINK THEY HAD CONCERNS ABOUT THE ACCESS OFF OF THE FRONTAGE ROAD, HENCE WHY SHE WAS STICKING TO THE, JUST THE FRONT.
SO JUST A SINGLE DRIVEWAY OFF OF HAWTHORNE? YES.
UM, I I I'M JUST GOING TO CHIME IN.
I MEAN, YOUR SITE IS HOW WIDE AT THE REAR? I CAN'T RECALL.
AND YOU'RE BEING ASKED TO PUT IN A 15 FOOT BUFFER ON EITHER SIDE.
THAT, THAT IS, THAT'S MORE THAN HALF.
IT'S ACTUALLY JUST, IT'S A WHOLE, YEAH.
UM, AND IT STARTED, WOULD JUST LEAVE US ABOUT 20 FEET.
I, I, UH, I JUST HAVE TO SAY, I MEAN THIS, THIS SITE PLAN THAT WENT THROUGH ZONING COMMISSION, PUBLIC HEARINGS, AND CITY COUNCILS THAT SPECIFICALLY SAYS LANDSCAPING NONE ON IT.
I JUST FEEL LIKE I DIDN'T MENTION THEY'VE HAD THEIR BITE AT THE APPLE.
I MEAN, I, I'M, I'M NOT OPPOSED TO A CONTINUANCE, BUT I DON'T SEE, I DON'T THINK IT'S NECESSARY BECAUSE, YOU KNOW, I, I PERSONALLY WOULD ONLY, I WOULD ONLY SUPPORT THE STAFF'S RECOMMENDATION TO KEEP THE TREES, WHICH MEANS YOU HAVE TO HAVE SOME LANCE, SOME GREEN AREA AROUND THE TREES.
AND WE COMPLETELY AGREE WITH THAT AS WELL.
BUT I'M GONNA LEAVE IT UP TO THE BOARD.
I MEAN, I THINK THAT IF SOMEONE MOVES TO MAKE, TO CONTINUE THIS AND IT PASSES, WELL THEN THAT'S WHAT, UH, YOU KNOW, YOU SHOULD DO IS GO TALK TO THE COUNCIL'S OFFICE.
BUT I, I WILL NOT BE IN SUPPORT OF THE CONTINUANCE.
I, I'D ALSO LIKE TO ADD THAT ON, UH, INTERSTATE 35, THE, THE COMMERCIAL PROPERTY THAT'S JUST TO THE NORTH OF YOU ONLY HAS ACCESS OFF OF THE HAWTHORNE ROAD AS WELL.
THEY DON'T HAVE ACCESS OFF OF 35 RIGHT THERE.
SO THAT'S NOT AN UNUSUAL CONDITION TO HAVE THE ACCESS OFF OF, UH, HAWTHORNE.
ANY OTHER COMMISSIONERS LIKE THAT? UH, SO WE'RE GONNA LEAVE THIS UP TO THE COMMISSION FOR WHOEVER WOULD LIKE TO MAKE A MOTION FOR WHATEVER.
DOES ANYBODY WANNA MAKE A MOTION FOR ANYTHING? MOTION TO, UM,
[02:00:01]
ON, ON THIS? OKAY.SO YOU JUST MAKE A MOTION THEN? YEAH, MAKE A MOTION.
SHE CAN I PUT YOUR PAPER? NO, THERE YOU GO.
NOW, DOES THIS MOTION READ AS WHAT WAS RECOMMENDED AS THE ALTERNATE, UH, RECOMMENDATION IS? UM, HOW IT WAS WRITTEN? OH, I'M SORRY.
UM, NO, IT WAS WRITTEN AS REQUESTED.
I JUST WANNA PULL UP THIS, UH, WELL, THE SIDE PLAN TO SEE WHICH ONE'S THE SIDES.
OUR RECOMMENDATION DOES CALL OUT THE SOUTHERN PROPERTY LINES AND THEN THE WESTERN, EASTERN AND WESTERN PROPERTY LINES.
YOU, YOU, I DIDN'T SEE YOUR TEMPLATE AS A, YOU DON'T HAVE A TEMPLATE FOR THE ALTERNATE, RIGHT? I HAVE THE ALTERNATE RECOMMENDATION DISPLAYED ON SCREEN.
SO, REGARDING CASE, UH, NUMBER BO EIGHT DASH 25 DASH 360 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR THE ELIMINATION OF A 15 FOOT LANDSCAPE BUFFER, UH, ON THE WEST SIDE OF THE PROPERTY, WHICH ABUTS I 35 AND A, AN ELIMINATION ON THE EAST SIDE OF THE PROPERTY, UH, WITH EXCEPTION OF TWO LARGE NATIVE SPECIES TREES AND TWO UNDERSTORY NATIVE SPECIES TREES.
UH, AND THE REDUCTION OF THE LANDSCAPE BUFFER ON THE SOUTH SIDE, UH, DOWN TO FOUR FEET, A 11 FOOT, UH, VARIANCE OF THE 15 FOOT LANDSCAPE BUFFER ON THE SOUTH SOUTH SIDE, UH, RESULTING IN A FOUR FOOT LANDSCAPE BUFFER, SITUATED AT 3 7 6 HAWTHORNE STREET.
APPLICANT BEING E IKA MARIA ELENA RAMIREZ.
UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE REVISION OF THE UNIFIED DEVELOPMENT CODE IS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE BUFFER ELIMINATION ONLY THE EASTERN SOUTHERN PROPERTY LINE WILL NOT IMPACT, UH, I'M SORRY.
THE BUFFER ELIMINATION ALONG THE WEST, UH, PROPERTY LINE WOULD NOT IMPACT THE PROPERTY, UH, AND SAFETY NECESSARY FOR RESIDENTIAL USE AS A SIX FOOT SOLID SCREEN OPAQUE FENCING IS REQUIRED.
LIKEWISE, DUE TO THE SIDEWALK SEPARATION FROM IH 35 SOUTH, ELIMINATING THE BUFFER ALONG THE WEST SIDE WOULD NOT EXPOSE THE SUBJECT PROPERTY TO AN INCREASE IN HAZARDS FROM THE ROADWAY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE HAS RESULTED IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE HAS RESULTED INA UNNECESSARY HARDSHIP, IS COMPLYING WITH THE BUFFER REQUIREMENT ALONG THE EAST, WEST, AND SOUTH PROPERTY LINES THAT HAVE, WOULD LEAVE INSUFFICIENT SPACE FOR THE REASONABLE AND FUNCTIONAL USE OF THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WILL SUPPORT THE SPIRIT OF THE ORDINANCES.
THERE IS AN AL THERE IS AN ALTERNATIVE TO NO BUFFERS PER DSD TREE AND LANDSCAPING RECOMMENDATION.
THIS INCLUDES, UH, WHAT IS BEING, UH, MOTION, A FOUR FOOT BUFFER AT THE SOUTH END OF THE PROPERTY TO BE PROVIDED AS AN ALTERNATE TO NO BUFFERS ALONG I 35 AND THE ADJOINING RESIDENTIAL LOT.
THE APPLICANT WOULD NEED TO PLANT TWO LARGE NATIVE SPECIES TREES, UH, AND TWO UNDERSTORY NATIVE SPECIES TREES WITHIN THE FOUR FOOT PLANTING STRIP.
BUT THAT WASN'T PART OF THE, UH, RECOMMENDATION.
NO, I'M SORRY, THAT WAS, YEAH.
I'M JUST GONNA, I'LL REREAD THAT.
THIS INCLUDES A FOUR FOOT BUFFER AT THE SOUTH END OF THE PROPERTY TO BE PROVIDED AS AN ALTERNATE.
UH, AND THE, AND ALONG THE ADJOINING RESIDENTIAL, ALONG THE ADJOINING RESIDENTIAL LOT, THE APPLICANT WOULD RETAIN TWO LARGE NATIVE SPECIES TREES AND 200 STORY NATIVE SPECIES TREES, UH, ALONG THE EAST PROPERTY LINE IN THE WEST.
ON THE WEST, WEST PROPERTY LINE FOR THE VARIANCE ON AN AUTHORIZED OPERATION OF A USE, OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED,
[02:05:01]
NO USES ON THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.ARE YOU SURE IT'S THE WEST? BECAUSE THE, THE, THE HIGHWAY SIDE IS THE WEST SIDE.
THERE WAS ONE TREE I BELIEVE THAT WAS PROPOSED OVER THERE.
IT'S ON THE CORNER OF HAWTHORNE AND 35.
SO, OKAY, SO THERE'S FOUR TREES IN TOTAL.
ONE ON ONE SIDE, ONE ON THE WEST SIDE.
YEAH, I'M GOING THREE ON THE, I'M GONNA READING NUMBER THREE.
BY GRANTING THE VARIANCE OF SPIRIT OF THE ORNS WILL RESERVE AND SUBSTANTIAL JUSTICE WILL BE DONE GRANTING THE SPARE, THE, THE VARIANCE WILL SUPPORT THE SPIRIT OF THE ORDINANCE AS THERE IS AN ALTERNATE TO NO BUFFERS PER DSD TREE AND LANDSCAPING RECOMMENDATION.
NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE OPERATION OF THE USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
GRINDING THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, UH, BY, UH, REDUCING THE REQUIRED BUFFERS DOWN TO THE STAFF.
RECOMMENDATION, THE NEIGHBORING RESIDENTIAL USE NOT BE EXPOSED TO INCREASED NOISE AND LIGHTING, NOR WILL THEIR SAFETY AND PRIVACY BE REDUCED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND NOT DUE TO, UH, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
SUCH, SUCH ITS SMALL LOT SIZE, WHICH LIMITS THE ABILITY TO COMPLY WITH THE BUFFER REQUIREMENTS FOR ABUTTING ADJACENT RESIDENTIAL USES AND A SUPER ARTERIAL, AND DEVELOP THE PROPERTY WITHIN REASONABLE AND FUNCTIONAL USES AND OF MOTION.
AND TO CLARIFY, THIS MOTION IS FOR A, AN ELIMINATION OF THE, UH, UM, OF THE BUFFER ALONG THE HIGHWAY SIDE, THE WEST SIDE, THE REDUCE REDUCTION OF THE BUFFER DOWN TO FOUR FEET ALONG THE SOUTH SIDE, AND, UH, THE ELIMINATION OF THE BUFFER ALONG THE EAST SIDE, EXCEPT FOR THE EXISTING TREES, WHICH ARE TWO NATIVE TREES AND, AND SOME UNDERSTORY TREES.
SECOND BY COMMISSIONER BENAVIDES.
UH, I'M IN FAVOR OF THE STAFF RECOMMENDATION.
THIS LOT IS RIDICULOUSLY NARROW AND GOING THROUGH A ZONING CHANGE WITH A CONDITIONAL USE, WHICH REQUIRES A SITE PLAN AND WHICH SPECIFICALLY SAID NO LANDSCAPING, THAT THAT PASSES ONLY COMMISSION.
AND COUNCIL, IT'S GOOD ENOUGH FOR ME.
COMMISSIONER BEVIS, I WOULD SUPPORT THIS MOTION AS WELL FOR THE SAME REASONS.
ANYONE ELSE LIKE TO ADD HEARING UNANIM IVO? YEAH.
UH, UH, COMMISSIONER BARRINGTON, I JUST WANNA SUGGEST THAT IN A CASE LIKE THIS WHERE WE HAVE AN ALTERNATIVE STAFF RECOMMENDATION, CONSIDERING THE DIFFICULTY OF REWRITING THE RESOLUTION ON THE FLY, IT, IT WOULD BE HELPFUL IF WE HAD BOTH A DRAFT RESOLUTION APPROVING THE APPLICATION AND RIGHT BEHIND IT, A DRAFT RESOLUTION EXPRESSING THE STAFF ALTERNATIVE.
I WILL SAY THAT, UH, COMMISSIONER CRUZ AND I REMEMBER THEM ACTUALLY DOING THAT EIGHT YEARS AGO, BUT EVERYONE HERE IS NEW.
ANYONE ELSE LIKE TO ADD HEARING KNOWS.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I, COMMISSIONER VASQUEZ? I CONCUR.
YOU HAVE ANY QUESTIONS TO GET WITH STAFF? THANK YOU.
CAN YOU DO, UH, ONE MORE SOUND CHECK, COMMISSIONER, UH, VASQUEZ REAL QUICK.
COULD YOU HEAR ME OKAY? I THINK WE CAN HEAR YOU A LITTLE BETTER.
[02:10:09]
GOOD AFTERNOON, MARCO AVI, PRINCIPAL PLANNER.UM, NEXT ITEM IS BO OA 25 1 0 3 0 0 1 72, LOCATED AT 4 0 9 ILLINOIS AVENUE, DISTRICT TWO, APPLICANT BEING, UH, TAYLOR FORWARDING.
UH, THIS IS A REQUEST FOR A 40 FOOT VARI FROM THE MAXIMUM 50 FOOT, 50% IMPERVIOUS COVER TO ALLOW 90% IMPERVIOUS COVER IN THE FRONT YARD ZONE MF 33.
SO THEY PROPERTY LOCATED JUST EAST OF BROADWAY AND NORTH OF JOINT BASE SAN ANTONIO WITHIN THE MAHANEY PARK NEIGHBORHOOD CONSERVATION DISTRICT.
THE APPLICANT WHO RECENTLY PURCHASED A PROPERTY WAS CITED BY CO COMPLIANCE FOR STARTING TO POUR CONCRETE ON THE FRONT YARD WITHOUT PERMITS AND EXCEEDING THE MAXIMUM PERVIOUS COVER.
THE APPLICANT'S GOAL IS TO ENHANCE SAFETY AND FUNCTIONALITY OF THE PROPERTY BY ALLOWING ADDITIONAL PARKING IN THE FRONT YARD WHILE THE PROPERTY IS IN A CONSERVATION DISTRICT TO REQUEST VARIANCES FOR THE UNIFIED DEVELOPMENT CODE STANDARDS.
THIS IS THE SUB, THE, UH, SITE PLAN SHOWING THE PROPOSED CONCRETE, UM, PARKING AREAS IN THE FRONT YARD.
THIS IS WHAT THE SUBJECT PROPERTY LOOKS LIKE RIGHT NOW.
UM, OBVIOUSLY THE, UH, WORK STOPPED ONCE THEY WERE CITED BY CODE COMPLIANCE.
SOME CLOSEUP LOOK AND SURROUNDING AREA STAFF RECOMMEND DENIAL OF BO O 8 25 1 0 3 0 0 1 7 2.
BASED ON THE FOLLOWING FINDINGS OF THE FACT GRANTING A VARIANCE TO NEARLY DOUBLE THE ALLOWABLE IMPERVIOUS SERVICES, UN UNDERMINES THE INTENT AND SET PRECEDENCE THAT COULD LEAD TO WIDESPREAD, UH, DEGRADATION OF FRONT YARDS IN THE DISTRICT.
AND THE FRONT YARD THAT IS OVER 50% PAID WOULD VISUALLY WOULD BE VISUALLY OUT CHARACTER WITH THE SURROUNDING CONFORMING PROPERTIES, DISTURBING A UNIFORM AND LANDSCAPE APPEARANCE OF THE NEIGHBORHOOD.
UH, APPLICANT, UH, 30 NOTICES WERE MAILED.
THE NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
AND HERE IS THE, UH, ON TOP FROM THE, UH, NEIGHBORHOOD ASSOCIATION AND THE BOTTOM FROM MY NEIGHBOR.
THIS CONCLUDES STAFF, UH, PRESENTATION.
ALL RIGHT, THANK YOU VERY MUCH.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
SO DO YOU HAVE THE NOTICE, UH, THESE LETTERS IN A FOLDER THAT'S AVAILABLE ON OUR DRIVE SO THAT WE CAN LOOK AT IT, UM, OUTSIDE OF THE FLAT, THE BLIP VER THAT HAPPENS? UM, 'CAUSE I WAS NOT READ ABLE TO READ ANY OF THAT AND SO, SO IS IT AVAILABLE ON OUR DRIVES YET? UH, IT SHOULD BE A, I KNOW THE DRIVE, THE SHARED DRIVE.
WE'RE WORKING ON THAT WITH OUR IT FOLKS.
UM, BUT WE, YOU SHOULD HAVE GOT AN EMAIL THIS MORNING WITH THOSE, UM, PUBLIC RESPONSES.
YEAH, I, I UNFORTUNATELY DIDN'T GET TO LOOK AT 'EM TODAY, SO, OKAY.
YEAH, IF YOU COULD BRING THAT LETTER BACK UP.
WE CAN PUT THE, UH, PUBLIC, IF YOU CAN MAKE IT A LITTLE BIT BIGGER, IF YOU COULD THAT, THAT LETTER INSINUATES THAT THE CONCRETE'S ALREADY BEEN POURED.
HAS IT BEEN POURED? HAS NOT BEEN POURED? NO, IT'S BEEN, IT'S BEEN POURED.
COMMISSIONER MANTO HAS THE FLOOR.
SO I GOT READ IT, SO THANK YOU.
UH, IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
MY NAME IS TAYLOR, LAST NAME 40, AND I'M HERE REPRESENTING 4 0 9 ELEANOR.
MY HOME HAS BEEN THE CENTER POINT OF GUNFIRE ON TWO SEPARATE OCCASIONS.
AND SO I BOUGHT THE HOME WITH NO HOMEOWNERS AS ASSOCIATION.
I QUICKLY LEARNED THAT THE CITY'S FAR MORE POWERFUL THAN THE HOMEOWNERS ASSOCIATIONS.
AND SO AFTER THE SECOND GUNFIRE, MY THOUGHT WAS IF I POURED CONCRETE IN THE FRONT OF MY HOUSE, IT WOULD BE AN APPROPRIATE VISUALIZATION TO BE ABLE TO PARK A VEHICLE IN FRONT OF MY SON'S WINDOW SO THAT THE NEXT BULLET DOESN'T HIT HIM.
UM, IT WAS MADE, MADE KNOWN QUICKLY ON SATURDAY.
I NOTICED THAT THERE WAS A LOT OF CITY OFFICIALS.
I'VE SEEN A LOT OF FAMILIAR FACES THAT HAVE COME OUTSIDE IN MY HOME AND TAKING PHOTOS.
AND PARANOIA WAS AT AN ALL TIME HIVE.
I FINALLY WENT OUT, I, UH, I ADDRESSED ONE OF THE CITY OFFICIALS.
I FOUND OUT WHAT THE ISSUE WAS AND IT WAS ON A SATURDAY.
AND THAT MONDAY I WAS HERE TO DO ANYTHING AND EVERYTHING I COULD TO GET THIS APPROVED.
THE, UH, CONCRETE THAT YOU GUYS ARE SEEING THAT WAS ALREADY PAID FOR IN FULL.
AND I ACTED OUT OF EMOTION IMMEDIATELY IN ORDER TO BE ABLE TO LIKE APPROPRIATELY AND RESPECTFULLY PARK A VEHICLE THERE.
IT WAS IN NO WAY, SHAPE OR FORM TO DISRESPECT ANY OF MY NEIGHBORS.
AND IT WAS, UH, UNFAMILIAR TO ME THAT THERE WAS AN ISSUE DOING.
[02:15:01]
I CAME HERE JUST OUTTA RESPECT TO FOLLOW SUIT ALL THE WAY THROUGH AND THROUGH THE CONCRETE BEING POURED RIGHT THERE IN FRONT OF THAT WINDOW THAT WAS SHOT OUT, THAT 25 BY 1 46.I'VE GOT NO ISSUE COVERING THAT UP WITH TURF.
THAT'S A, I MEAN, I'VE ALREADY BOUGHT THE TURF AND I'M ALREADY UNDERSTANDING IF THAT'S WHAT NEEDS TO BE DONE, THAT THAT'S WHAT NEEDS TO BE DONE.
I ONLY CAME HERE TO TO VOCALIZE TO EVERYONE AND TO COMMUNICATE THAT I'M NOT HERE TO DISRESPECT ANYONE.
I'M NOT HERE TO GET ATTENTION FROM ANYONE.
I'M NOT HERE TO DO ANYONE WRONG.
UM, IT WAS A SAFETY THING THAT I ACTED ACCORDINGLY IN THE FASTEST WAY POSSIBLE.
IF I COULD HAVE SOLD THE HOME AND THAT WAS A FAVORABLE DECISION, IT WOULD'VE BEEN DONE IMMEDIATELY.
THAT WASN'T WHAT WAS IN FAVOR.
AND SO THIS WAS THE NEXT BEST THING IS TO IMPROVE THE HOME FOR SAFETY AND FUNCTIONALITY.
IS THERE ANY QUESTIONS FOR THE APPLICANT? ZUNA, COMMISSIONER ZUNA? DO YOU HAVE A POLICE REPORT THAT YOU COULD PROVIDE AS, AS A, FOR THE RECORD? SO THAT'S WHAT, IT WAS EXTREMELY FRUSTRATING.
THE FIRST SHOOTING HAPPENED THE WEEK PRIOR TO CLOSING AND SO ON.
GOOD FAITH, WE CLOSED THE HOUSE.
AND THE SECOND SHOOTING, I CALLED THE POLICE.
I WAITED OUTSIDE MY HOUSE FOR THREE AND A HALF HOURS FOR THEM TO SHOW UP.
'CAUSE THEY STATED THAT THEY WERE GONNA COME AND THEY WERE GONNA DO A POLICE REPORT AND THEY NEVER CAME.
AND, UH, THAT'S WHY I THOUGHT IT WAS FUNNY THAT THE NEIGHBORS, I MEAN, I'M FRIENDS WITH ALL THE NEIGHBORS NEXT DOOR TO ME IN FRONT OF ME.
THE NEIGHBOR THAT WROTE THAT EMAIL WHEN THE GUNS WERE FIRING.
AND I WISH THEY HAD MADE AN APPEARANCE, BUT I'M THANKFUL I HAVE THEIR ATTENTION.
OTHER QUESTION, THIS IS FOR CITY.
UH, IF HE DOES INSTALL THE TURF, IT WOULD STILL HAVE TO MEET THE IMPERVIOUS REQUIREMENT, CORRECT? UH, ON THE MATERIAL THAT HE WAS TO INSTALL? YES.
HE CAN USE, UH, PERVIOUS MATERIAL, WHICH IS IMPERVIOUS MATERIAL.
UH, MY QUESTION IS, IS, UH, THIS, ACCORDING TO THE SITE PLAN, THIS THING IS SHOWING A 24 FOOT BY 21 FOOT PIECE OF CONCRETE.
WELL, ACTUALLY IT'S EVEN LONGER THAN THAT.
YOU GOT THREE PIECES OF CONCRETE SUBDIVIDED BY TURF.
AND IT WAS TO TRY TO SHOW RESPECT TO THE NEIGHBORS TO KIND OF GIVE IT A MORE, UM, SOMETHING A LITTLE BIT PRETTIER THAN JUST A CONCRETE SLAB.
BUT THAT, BUT THAT'S SHOWING SIX INCHES OF TURF, RIGHT? SIX INCHES IN BETWEEN EACH SLAB.
SO IF YOUR GOAL IS TO PARK A CAR IN FRONT OF YOUR HOME MM-HMM
UH, YOU DON'T NEED ALL THAT CONCRETE.
SO IF YOU LOOK AT THE 25 BY 1 46, THAT WINDOW WHERE THAT GARDEN, THAT 13 BY FOUR GARDEN.
THAT WAS THE FIRST WINDOW THAT GOT SHUT OUT.
AND THEN IF YOU SEE NUMBER ONE, THAT'S MY SON'S ROOM.
AND THAT'S WHERE THE SECOND, THE ATTEMPTED ROBBERY AND THEN THE SECOND GUNFIRE OCCURRED.
BUT AT THE END OF THE DAY, I'M, I'M ONLY HERE OUTTA RESPECT.
I UNDERSTAND THAT I CAN COVER THE 25 BY 1 46 NO ISSUES.
THAT CAN BE DONE AS SOON AS TOMORROW.
WELL, I MEAN, IF, IF, IF, IF ALL HE DOES IS THAT, I MEAN HIS REQUIREMENT IS 50% IMPERVIOUS COVER.
THAT IF, IF HE GOT RID OF THAT ONE PANEL ON THE LEFT AND THE PANEL CLOSEST TO THE FRONT SIDEWALK, HE'D EASILY BE UNDER 50%.
I'M NOT SURE OF THE MATH OFF THE TOP OF MY HEAD, BUT WELL, WE'LL, THAT SOUNDS ACCURATE.
UM, IS THERE ANY OTHER COMMISSIONER QUESTIONS? CRUZ? COMMISSIONER CRUZ? OH, SIR.
HOW LONG HAVE YOU HAD THE PROPERTY? I'VE ONLY HAD THE PROPERTY LESS THAN 90 DAYS.
SO THE, THE HOMEOWNERS BEFORE YOU M UH, MOVED OUT AND THERE WAS SOME ISSUES, I'M ASSUMING? UH, HE MOVED 'CAUSE HIS FAMILY WAS HAVING HEALTH ISSUES AND HE WANTED TO BE CLOSER TO THEM.
BUT IF YOU LOOK AT LIKE, THE HISTORY OF THE CELLS ON THE STREET, WHICH I WAS NAIVE TO, LIKE EVERY HOUSE THAT'S BEEN FOR SALE ON THE STREET'S, BEEN FOR SALE FOR OVER A HUNDRED DAYS.
IT, IT, IT'S A FAR BUSIER ATMOSPHERE THAN WHAT I HAD ANTICIPATED.
MISS, YOU'VE GOT THE BASE HERE.
UH, IS THERE ANY OTHER QUESTIONS OR IS THERE ANYONE SIGNED TO SPEAK? I HAVE ONE SPEAKER.
STATE YOUR NAME, TELL US YOUR THOUGHTS.
UH, SCOTT DAY WITH THE VICE PRESIDENT OF THE MACKEY PARK NEIGHBORHOOD ASSOCIATION AND CO-CHAIR OF THE LAND USE, UH, COMMITTEE, UH, MACKEY PARK'S NEIGHBORHOOD POSITION IS THAT WE ARE ADAMANTLY OPPOSED TO THE PROJECT AS IS UNLESS IT'S CHANGES TO MEET THE CONSERVATION DISTRICT GUIDELINES THAT ARE PRESENTLY WRITTEN AND APPROVED BY THE CITY COUNCIL.
UM, THE APPLICANT DID FILE AN EARLIER REQUEST FOR A VARIANCE FOR AR REAR ADDITION TO THE PROPERTY.
SO HE'S AWARE THAT THERE ARE CONSERVATION GUIDELINES, UH, FOR THE PROPERTY.
UM, THE STEEL WENT INTO PLACE FOR THE SLAB IN AUGUST.
UH, WE CALLED ON AUGUST 15TH WHEN OTHER NEIGHBORS CALLED US.
UH, SO IT WAS OVER THREE WEEKS BEFORE THEY ACTUALLY POURED THE CONCRETE, UH, IN THE HOUSE.
UH, THERE'S SEVERAL SPECIFICS.
[02:20:01]
THIS IS A CONSERVATION DISTRICT, NOT JUST A UDC.UH, SO WHEN THERE'S, UH, VARIATIONS BETWEEN THE TWO, SOMETIMES THE CONSERVATION DISTRICT WINS OUT OVER THE U OVER THE UDC.
ONE OF THE KEY THINGS HERE IS THAT DRIVEWAYS AND A CONSERVATION DISTRICT CANNOT BE IN OUR CONSERVATION DISTRICT, CAN NOT BE ANY LESS THAN EIGHT FEET IN WIDTH AND NO MORE THAN 12 FEET AND WIDTH.
THERE ALSO NEEDS TO BE A SEPARATION BETWEEN A DESIGNATED SIDEWALK BETWEEN THE FRONT DOOR AND THE, AND THE, UH, THE MAIN SIDEWALK IN FRONT OF THE HOUSE.
THAT SEPARATION IS NOT SUPPOSED TO BE LESS THAN, UH, FOUR FEET.
ONE OF THE KEY THINGS IN THE GUIDE AND THE GUIDELINES, AND THE REASON IT'S WRITTEN THAT WAY IS THE NEIGHBORHOOD HOPES TO PROMOTE THESE SURPRISING CONSIST CONSISTENCY OF EXISTING DRIVEWAY CONFIGURATIONS AND COMPOSITION.
IF YOU LOOK THROUGH THE WHOLE NEIGHBORHOOD, THIS IS THE WAY IT'S LAID OUT.
FURTHERMORE, IT IS INTENDED TO LIMIT THE PERCENTAGE OF PER IMPERVIOUS FRONT YARD COVERAGE, PROMOTE THE EXISTING RHYTHM OF NARROW DRIVEWAYS AND LANDSCAPE, AND TO PROMOTE BARRIER FREE ACCESS, PEDESTRIAN ACCESS BETWEEN AND ACROSS THE LOT.
SINGLE CAR RIBBON TYPE DRIVEWAYS ARE FOUND TO BE PREVALENT IN THE NEIGHBORHOOD AND ARE STRONGLY ENCOURAGED.
SO WHAT YOU'RE SEEING IS HUMONGOUS AND AS POURED RIGHT NOW, ALL THE WATER'S GOING TO HIS NEIGHBORS
I HATE TO BE THE DOWNHILL NEIGHBOR IN THAT, THAT INSTANCE.
SO, UH, AGAIN, WE ARE ADAMANTLY OPPOSED.
UH, WE'LL SUPPORT THE PROJECT IF IT COMES INTO COMPLIANCE WITH THE CONSERVATION DISTRICT GUIDELINES.
UH, THE CONSERVATION GUIDELINES THAT, THAT THIS, UH, SPEAKER JUST MENTIONED.
IF THIS APPLICANT REMOVED THE CONCRETE AT LEAST FOUR FEET AWAY FROM THE SIDEWALK, THEN IT WOULD BE IN COMPLIANCE WITH THE NCD AND ONLY IN VIOLATION OF THE UDC WITH THE IMPERVIOUS COVER.
BECAUSE THE DRIVEWAY, ONCE YOU'VE TURNED LEFT AND PARK OFF THE DRIVEWAY, IT'S NOT A DRIVEWAY ANYMORE.
IS THAT CORRECT? SO THE NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS, UM, THE REASON WE DIDN'T PUT THEM AS A REQUEST IS IT'S NOT A WALKWAY.
SO THE FOUR FOOT SEPARATION WOULD NOT HAVE TO BE THERE.
UM, THIS IS NOT A NEW CONSTRUCTION AS FAR AS THE PRINCIPAL STRUCTURE.
SO ESSENTIALLY HE'S GRANDFATHERED IN FROM REQUIRING A WALKWAY.
UH, IF THIS WAS A NEW HOUSE, HE WOULD HAVE TO HAVE THAT WALKWAY.
UM, THE ABSENCE OF A WALKWAY DOES, DOES NOT MAKE IT HAVE TO HAVE ONE IF IT'S, IF IT'S ALREADY GRANDFATHERED IN.
UM, SO THESE ARE NOT NEIGHBORHOOD CONSERVATION DISTRICT STANDARDS.
THIS IS JUST THE UNIFIED DEVELOPMENT CODE STANDARD THAT WE'RE HERE, THAT THAT'S IN VIOLATION.
BUT, BUT THE NEIGHBORHOOD ASSOCIATION HAS EXPRESSED THAT, THAT THIS, THAT THEY'RE NOT SUPPORT, CORRECT? YEAH.
NO, THEY'RE, THEY'RE VERY MUCH NOT IN SUPPORT.
'CAUSE I MEAN, I'D LIKE TO KNOW THAT AS WELL.
SO, AND MAYBE FOR, IF YOU CAN COME BACK UP FOR A SECOND HERE.
SO THE, NO, THE, UM, NEIGHBORHOOD FOR NEIGHBORHOOD, YEAH.
SO, SO PART OF THE DIALOGUE HERE IS, UM, I GUESS THAT WE'VE HAD IS IF IT IS THAT THEY ELIMINATE ON THIS PICTURE HERE THAT'S SHOWING THE, OH, NO.
UM, GO BACK TO YOUR, UH, THE, THE, UH, SITE PLAN THAT WAS, THAT WAS ON PAGE.
UH, THE 25 BY 14 FOOT, IF WE ELIMINATE THAT.
AND THEN THE FRONT PIECE OF THE 2021 BY 13, AND WE LEFT THE FIRST ONE THERE, THE 21 BY 11.
SO, SO IS DOES THAT MORE ALIGNED WITH YOUR, WHAT? IS THAT YOUR NEIGHBORHOOD? NO.
IF, IF YOU LOOK AT THE DESIGN GUIDELINES AND THE WAY THE NEIGHBORHOOD IS LAID OUT, ORIGINALLY THERE WERE RIBBON DRIVES THAT WENT DOWN THE RIGHT HAND SIDE.
THIS DRAWING IS ACTUALLY NOT PROPERLY LAID OUT.
THE DRIVEWAY THAT'S SHOWN THERE IS NOT THE SCALE.
THE DRIVEWAY THAT WAS ORIGINALLY WITH THE HOUSE IN THE PREVIOUS PHOTO WENT OVER TO THE YELLOW LINE ON THE RIGHT SIDE, AND IT GOES PAST THE HOUSE.
UM, SO WHAT WAS THERE, MET THE GUIDELINES.
HE'S TAKEN THAT OUT AND HAS PAVED THE ENTIRE FRONT YARD.
SO THE QUESTION FOR CITY STAFF THEN, SO IF IT HAD BEEN THE CASE THAT THE APPLICANT HAD COME THROUGH AND, UM, HAD NOT INCLUDED THE 25 BY 14 AND THE 25 OR 21 BY 13 AND JUST INCLUDED THE FRONT FACING ONE, THE 21 BY 11, WOULD THIS HAVE, UM, UM, OUT, WOULD THIS HAVE BEEN ADDRESSED BY THE NCD VIOLATION OR WOULD THIS NOT HAVE BEEN INCLUDED WITH THAT? THERE WOULD BE NO, UM, REVIEW THAT WOULD BE STOPPED BY ZONING FROM WHAT I'M TRACKING, IF HE WAS UNDER THE 50% IMPERVIOUS COVER AND HE WAS CORRECT, UM, UNDER THE TREE IS MORE DRIVEWAY, WE JUST KIND OF FIT IN HIS SITE PLAN TO WHAT WAS ON THE RIGHT.
WELL, I GUESS I WAS JUST TRYING TO ADDRESS THE, SO WHAT IS BEING STATED WITH REGARDS TO PERMITTED, IF I'M HEARING CORRECTLY FROM YOUR REVIEW OF THE NNC D OF THE NCD AS WE HAD STATED THAT THE ONE WOULD, THE ONE CLOSEST TO IT WOULD BE, WOULD
[02:25:01]
NOT HAVE REQUIRED THEM TO COME HERE BEFORE THE BO OA CORRECT? AS LONG AS THEY'RE UNDER 50%.WE DIDN'T FIND ANY OTHER VIOLATIONS.
UH, I, JUST TO CLARIFY, THIS IS IVANIA.
UM, CAN YOU BRING UP THE OLD PHOTO THAT YOU SHOWED OF, OF THE HISTORICAL? YEAH.
SO DID YOU REPLACE THAT WHOLE DRIVEWAY THAT WAS THERE OR IS THAT THE DRIVEWAY THAT WE'RE SEEING IN THE CURRENT PHOTOS? IS IT THAT DRIVEWAY? SO THERE'S ONE PIECE RIGHT WHERE THAT ARROW WAS RIGHT HERE.
IT WAS JUST, IT WAS DAMAGED AND IT NEEDED TO BE REPAIRED.
AND THAT WAS THE ONLY PART OF THAT INITIAL DRIVEWAY THAT HAD BEEN REPLACED.
SO THAT'S THE DRIVEWAY THAT CAME WITH THE HOUSE YES, MA'AM.
THAT YOU PURCHASED? YES, MA'AM.
AND NOW YOU'RE SAYING THAT MAYBE YOU WANT TO, IF, IF PUT IMPERVIOUS, IMPERVIOUS COVER AND JUST KEEP THAT, UM, CEMENT, UH, AREA IN FRONT OF THE PORCH? YES MA'AM.
THAT'S THE ONLY ONE THAT'S IMPORTANT TO YOU.
AND, AND YOU'RE WILLING TO PUT THE REST OF THE YARD AS WHAT, WHATEVER, WHATEVER'S NEEDED.
I'M HERE TO WRONG MY RIGHTS OR RIGHT.
MY WRONGS AND THERE'S A FENCE GOING IN.
AND WHEN HE SPOKE ON, WHEN I GOT MY PERMITS, IT WAS, I DID EVERYTHING AT ONCE.
SO WHATEVER DATE HE STATED THAT I CAME IN AND GOT MY PERMITS FOR THE FENCE, I CAME IN AND ADDRESSED THE ISSUES WITH MY DRIVEWAY.
SO I DIDN'T KNOW THAT I WAS DOING WRONG BY ANY MEANS.
AND I'M HERE TO FIX WHATEVER I NEED TO DO, BUT THERE'S GONNA BE A FENCE THAT BLOCKS ALL THAT IN.
UH, SO YOU WON'T EVEN SEE ANY OF THAT CONCRETE.
AND THEN AS FAR AS THE RUNOFF GOES, IF YOU SEE EVERYTHING THAT IT'S ANGLED AND THEN ON THE SIDE OF THE HOUSE THERE'S A, THERE'S CONCRETE THAT GOES.
AND SO, UM, NONE OF THIS WAS DONE WITH ANY, LIKE, IMPROPER PLANNING.
ALL THE RUNOFF REMAINS THE SAME.
THERE'S NO LIABILITY GOING TOWARDS MY NEIGHBOR'S HOME.
UH, THOSE TWO YOUNG LADIES I'VE SPOKEN WITH.
I MEAN, THERE'S NOT A LACK OF COMMUNICATION.
AND MY TAKE IS WHEN I TALK TO ALL THE NEIGHBORS ABOUT THIS INCIDENT TODAY, HEY, DO I NEED TO WRITE A LETTER? DO I NEED TO SUPPORT YOU? I SAID, NO, IF YOU JUST DON'T APPROVE IT, BY ALL MEANS, LET THE CITY KNOW.
YOU KNOW, I DIDN'T WANT TO INCONVENIENCE ANYBODY.
UM, MR. FORDING, COULD YOU TAKE THE LASER POINTER AND SHOW US ON THE SCREEN THERE, THE, THE, THE SHOT WITH THE, UM, THE SITE PLAN, IF WE COULD SEE THE SITE PLAN? CAN YOU BRING THE SITE PLAN BACK UP AND SHOW ME WHERE YOU SAID THE FENCE IS GONNA BE? SO THE FENCE IS GONNA COVER THIS WHOLE AREA.
SO ALL THIS RIGHT HERE, IT'S ALL BEEN APPROVED, IT'S ALL BEEN PROCESSED, IT'S ALL GOOD TO GO.
AND THERE'S GONNA BE A FENCE THAT GOES AROUND MY, THE WHOLE FRONT OF MY HOUSE JUST FOR EXTRA SECURITY.
WHAT'S THE HEIGHT OF THE FENCE? THE, IT'S GONNA BE 42 INCHES, 42 INCHES.
IT'S GONNA, IT'S, IT'S GONNA BE TWO FEET OFF THE FENCE, LINE OFF THE PROPERTY LINE.
AND THEN THERE'S GONNA BE A, UH, OPENING.
NO, BUT IS IT, IS THE FENCING GONNA BE, UM, PRIVACY WHERE YOU CAN SEE, IS IT NO, YOU CAN BE ABLE TO SEE THROUGH IT.
I THOUGHT THAT WOULD KIND OF BE DISRESPECTFUL TO SO THEN, SO THEN YOU'RE ALLOWED TO GO UP TO FIVE FEET PREDOMINANTLY OPEN, BUT YOU'RE DOING 42 INCHES.
JUST 'CAUSE IT WAS UNIFORM TO THE NEIGHBOR NEXT DOOR.
AND THE NCD DOES ONLY ALLOW UP TO FOUR FEET.
SO HE'S NOT, THAT'S NOT IN VIOLATION OF ANYTHING.
BUT, BUT YOUR LONG-TERM GOAL IS TO BE ABLE TO DRIVE UP YOUR DRIVEWAY AND THEN TURN LEFT AND PARK A CAR IN FRONT OF, UH, WHAT WE SEE AS YOUR PORCH AND, AND THE STREET VIEW PICTURES.
'CAUSE THIS IS WHERE MY SON'S ROOM IS.
THIS IS WHERE THE FIRST SHOT HAPPENED AND IT WENT THROUGH THIS WINDOW INTO THE LIVING ROOM.
AND THEN THE SECOND TIME THAT HA THE GUNFIRE OCCURRED AT THE HOUSE, IT WAS RIGHT HERE IN FRONT OF HIS ROOM.
AND SO HERE'S THE DRIVEWAY AND I JUST WANNA BE ABLE TO PARK A CAR HERE.
'CAUSE I'D RATHER MY CAR GET SHOT THAN MY HOUSE.
UH, BECAUSE, BECAUSE WHAT'S HAPPENING IS, IS THAT THE ONLY THING BEFORE US IS THE, IS THE EXCEEDING OF THE 50% OF THE IMPERVIOUS COVERAGE.
IF YOU, IF YOU WERE TO PARK, UM, A A A A NINE FOOT WIDE STRIP, YOU KNOW, OFF OF THAT DRIVEWAY IN FRONT OF YOUR HOME, YOU WOULDN'T BE IN VIOLATION OF THE NCD AND YOU WOULDN'T BE IN VIOLATION OF THE 50%.
ALTHOUGH I THINK THAT, THAT, UH, YOU KNOW, JUST IN PLAY IT SAFE, I THINK WE OUGHT TO GIVE 'EM A 10% BREAK, YOU KNOW, JUST IN CASE.
BUT THIS RIGHT HERE WAS THE ADDITION THAT WAS IN QUESTION.
SO IF WE JUST LEFT IT AT THIS, IT WAS 50%.
SO AFTER I CAME HERE TO GET MY PERMITS FOR MY ADVANCE, THEY HAD TOLD ME THAT I DIDN'T NEED TO COME IN.
AND, UM, WELL, THE, THE DRIVEWAY DOES COUNT TOWARDS THE 50%, CORRECT? YEAH.
SO WHAT'S THE WIDTH OF YOUR HOUSE? UM, I DON'T KNOW OFF THE TOP OF MY HEAD.
I'D HAVE TO PULL MY PHONE OUT.
I DON'T WANNA BE DISRESPECTFUL AND PULL IT OUT AND GET YOU GUYS THAT WHAT I HAD SUBMITTED, I HAD SUBMITTED THE MEASUREMENTS, I THINK RIGHT HERE, JUST 'CAUSE THE FENCE OFF THE TOP OF MY HEAD WAS, I DON'T WANNA LIE TO YOU.
I THOUGHT IT WAS 53 AND 33, OR MAYBE IT WAS 53 FEET ACROSS, ACCORDING TO YOUR DIMENSIONS AT, AT 14 AND 20.
I MEAN, YOUR HOUSE IS A APPROXIMATELY 45
[02:30:01]
TO 50 FEET WIDE ON YOUR LOT IT LOOKS LIKE.I MEAN, YOU'RE SAYING THAT PIECE OF CONCRETE IS A, IS A THIR 21 FOOT DEEP, THE FIRST PANEL AND THE ONE ON THE LEFT IS 14.
SO THAT'S 35 FEET RIGHT THERE WITH THE SIX INCHES.
THAT'S 35 AND A HALF PLUS YOUR DRIVEWAY.
HOW WIDE IS YOUR DRIVEWAY? I'D SAY SIX FEET.
OH, IT'S GOTTA BE WIDE THAN THAT.
I MEAN, A CAR IS EIGHT FEET WIDE.
WELL, MY TRUCK DOESN'T FIT IN THE DRIVEWAY.
IT'S A, IT'S A SMALLER DRIVEWAY.
I DON'T WANNA LIE TO YOU ON ANY OF THE MEASUREMENTS.
EVEN IF IT'S EIGHT FEET, THAT'S STILL, THAT STILL GETS YOU TO LIKE, LET'S SAY IT'S 45 FEET.
I'M JUST TRYING TO FIGURE OUT WHAT WE NEED TO DO TO MAKE IT RIGHT FOR THE 50% VARIANCE OR 50%.
WELL, IF YOU DO 50, YOU DON'T EVEN NEED TO BE HERE.
WELL, THE COMING HERE TODAY WAS REALLY MORE OUT OF A RESPECT BECAUSE THIS HAS DRAWN A LOT OF ATTENTION TO THE NEIGHBORHOOD.
AND I UNDERSTAND THAT BY DOING THIS, I WAS DISRESPECTING A LOT OF PEOPLE.
AND SO MY THOUGHT IS IF I CAME HERE AND I LET IT BE KNOWN, LIKE I'M WILLING TO, YOU KNOW, DO THE RIGHT THING.
THAT WAS KIND OF MY INTENTIONS.
AT THE END OF THE DAY, MY MINDSET, NO MATTER WHAT WAS THAT, THIS AREA HERE NEEDS TO BE COVERED.
SO IT LOOKS LIKE A TRADITIONAL YARD AND I FALL UNDER THE 50%.
SO THAT WAS SOMETHING THAT I HAD UNDERSTOOD THAT I WAS GONNA DO REGARDLESS ME COMING HERE TODAY WAS REALLY MORE OUTTA RESPECT TO MY NEIGHBORS AND, AND THE CITY.
'CAUSE OKAY, I DID THIS WITHOUT UNDERSTANDING, WELL, WITHOUT HAVING THE SPECIFIC NUMBERS, I, I, I, I DON'T KNOW.
I I WOULD SUGGEST THAT WE GIVE THEM 10% JUST TO MAKE SURE IT'S SAFE.
BUT THAT'S JUST MY TWO THINGS.
UH, I I GUESS I WOULD
AND SO IF WE TOOK OFF THE 623 FEET, YOU KNOW, I, YOU KNOW, IT LOOKS TO ME THAT IT WOULD STILL BE WITHIN THE 50%.
AND SO I I, I WASN'T, I WASN'T KEEN ON GIVING MORE IF IT WASN'T NECESSARY.
SO, AND, AND IT IS THAT 623 SQUARE FEET THAT WOULD BE PULLED OUT OF THAT.
UM, SO WHEN STAFF DID ROUGH CALCULATIONS, ESTIMATED FRONT YARD SQUARE FOOTAGE IS 1400 SQUARE FEET.
UM, ALL OF THE TOTAL CONCRETE AREAS TO INCLUDE THE DRIVEWAY WE ESTIMATED AT 1235 SQUARE FEET.
UM, SO HE'S SHORT ABOUT 535 SQUARE FEET.
HE'S OVER BY AROUND 535 SQUARE FEET.
SO IF WE REDUCE IT BY 623, WHICH WOULD BE THE, THOSE TWO LOTS, THEN HE WOULD BE UNDER THE 50%, RIGHT? CORRECT.
BUT THEN, UM, YOU DON'T EVEN NEED A VARIANCE, IT SOUNDS LIKE IT WAS, JUST HELP ME OUTTA RESPECT.
DOES ANYBODY WANT TO OFFER HIM ANYTHING OR DO WE JUST ADD THIS DIVE FOR LACK OF MOTION CITY REAL QUICK? BONNI YES.
I'M STILL TRYING TO JUST UNDERSTAND HERE.
IF HE GETS RID OF THE 25 BY 14 LARGE CONCRETE, HE'S GOOD.
SO IF HE JUST GETS RID OF THAT, THAT'S ABOUT 350 SQUARE FEET, HE WILL STILL BE OVER THE 50%.
BY HOW MUCH? BY ABOUT 200 SQUARE FEET.
WHAT, WHAT IS THAT AS A PERCENTAGE? I'M JUST TRYING TO FIND OUT HOW MUCH WE WOULD BE OVER THE 50 AT THAT POINT.
THE ONLY REASON WHY I WAS SUGGESTING THE 10% GIVE IS THAT FOR HIM TO TURN INTO A PARKING SPACE AND NOT ACTUALLY BE A BUTTING HIS HOUSE, HE'D HAVE TO HAVE SOME KIND OF A SEPARATION.
MAYBE A SLIGHT LITTLE CURVE OR A CHAMBER OR SOMETHING, JUST SO HIS CAR COULD MAKE THE TURN AND NOT LIKE HIT THE PORCH WITH HIS BUMPER OR SOMETHING.
THAT'S THE ONLY REASON WHY I WAS SUGGESTING 10%.
I JUST WANTED SOME CLARIFICATION BECAUSE, UM, IF HE'S, SAY, IF, IF MR. FORTING IS SAYING, UM, I'M WILLING TO NOT DO THE PERVIOUS COVER, UH, ON THE LEFT SIDE AND THE FRONT SIDE, AND WE ALLOW HIM, WE, WE SAY, OKAY, WE'RE GONNA ALLOW YOU TO DO THE ONE THAT IS CLOSE TO THE PORCH.
UM, I NOTICED THAT THAT ONE WAS SIX FEET WIDE.
SO IF HE'S PLANNING TO USE IT MORE AS A DRIVEWAY TO PARK HIS TRUCK, IT WOULD HAVE TO BE A LITTLE WIDER.
WELL, THAT'S WHY I WAS SAYING IF YOU GIVE HIM 10%, HE'LL, HE'LL HAVE THE ROOM TO DO SOMETHING.
SO AS IF HE GOT RID OF THAT DRIVEWAY, HE WOULD BE AT AROUND 64% JUST DOING ROUGH MATH.
SO THAT WOULD BE A 15% 15% YEAH.
BUT IF WE WANTED TO BE STRICT, I, I MEAN I, I'D BE OPEN TO 15%.
[02:35:03]
SO I'LL TELL YOU WHAT, WHY DON'T SOMEBODY MAKE A MOTION.WE'LL JUST SEE HOW IT TURNS OUT.
I HAD A QUICK QUESTION FOR THE APPLICANT, UH, BEFORE YES.
UH, ALL OF THIS IS PORTER READY? YES, SIR.
AND YOU'RE, YOU'RE OKAY WITH TAKING SOME OF IT UP? WHATEVER YOU GUYS LIKE, AT THE END OF THE DAY, IT'S, Y'ALL SAY OVER MINE WHAT I NEED TO DO IN ORDER TO MAKE THIS RIGHT.
MY THOUGHT AND BELIEF WAS THIS, THIS SIDE THAT'S IN FRONT OF THE WINDOW, THE BIGGER PORTION OF IT THAT I COULD JUST TURN THAT INTO A YARD WITHOUT ANY ISSUES OR CONCERN.
AND THAT WOULD BE ABLE TO SAVE FACE FOR WHAT WE NEED IN ORDER IT TO APPEAR AS A FRONT YARD AND NOT A PARKING SPACE OR A DISRESPECT TO THE UNIFORM OF THE NEIGHBORHOOD.
AND IF I NEED TO MAKE MORE OF THAT A YARD, I'M, I'M HAPPY TO DO SO.
I'M NOT HERE TO TRY TO DISRESPECT ANYBODY.
SO AT THE END OF THE DAY, IF MORE OF THAT NEEDS TO BE COVERED AND LOOK LIKE A FRONT YARD, I'M HAPPY TO DO SO.
IS THERE ANY VOICEMAILS? UH, NO OTHER PUBLIC COMMENT.
I'M GONNA MAKE A MOTION TO JUST GET THIS THING ROLLING 'CAUSE I FEEL LIKE WE'RE JUST KIND OF GETTING STAGNATED ON THIS ISSUE.
UH, REGARDING CASE NUMBER BO A DASH 25 DASH OH THREE DOUBLE 0 1 7 2, MOVE THE BOARD OF ADJUSTMENT GATHER REQUEST FOR A 10% VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER ALLOWABLE 60% IMPERVIOUS COVER ON THE FRONT YARD, SITUATED AT 4 0 9 L AVENUE.
APPLICANT BEING TAYLOR FORWARDING BECAUSE THE TESTIMONY PRESENTED US IN THE FACTS THAT WE'VE DETERMINED, SHOWED THAT THE PHYSICAL CHARACT OF THIS PROPERTY, SUCH AS A LITERAL ENFORCEMENT, OTHER PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE ENHANCED IMPERVIOUS COVER WILL NOT CREATE TRAFFIC OR SAFETY CONCERNS FOR NEIGHBORS OR PASSENGERS BY TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE PROPERTY SPECIFICALLY VULNERABILITIES SECURITY THREATS SUCH ITS SUCH AS ITS LOCATION NEAR HIGH TRAFFIC AREA CORNER LOT EXPOSURE OR LACK OF REAR ACCESS CREATES A HARDSHIP, HAS LIMITED ONLY 50% OF PER COV PER COVER.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
THIS REQUEST WILL BE IN THE SPIRIT OF THE ORDINANCE AS IT PROPOSES HARDSCAPE THAT ADDRESSES AN URGENT NEED FOR SAFETY WHILE MAINTAINING APPROPRIATE DRAINAGE, DRAINAGE, AND USING MATERIALS THAT MAINTAIN AESTHETICS, HARMONY WITH THE NEIGHBORHOOD FOR THE VARIANCE OF NOT AUTHORIZED OPERATION OF USE.
OTHER THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT OF VARIANCE IS LOCATED.
NO USES ON THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJU THE APPROPRIATE USE OF ADJACENTS CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
THE REQUESTED VARIANCE WILL BE IMPLEMENTED WITH DESIGN AND SENSITIVITY TO NEIGHBORING PROPERTIES, INCLUDING, UH, VISUAL SCREENING LANDSCAPE BUFFERING AND MAINTAINING CONSISTENT FRONT AIR SETBACKS.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST IS NOT BASED ON FINANCIAL REASONS OR COSMETIC PREFERENCE, BUT RATHER ON LEGITIMATE NEED FOR SECURE ACCESS AND MONITORING, WHICH CANNOT BE SUFFICIENTLY ACHIEVED UNDER THE CURRENT 50% IN PER COVER LIMIT.
NOW I READ THIS JUST TO GET THIS THING GOING.
UM, I JUST WANTED TO GIVE THE APPLICANT 10% SO WE HAVE A LITTLE BIT MORE LEEWAY AS FAR AS HOW WE PROVIDES, UH, THIS PARKING SPACE IN FRONT OF HIS, HIS SON'S WINDOW.
UH, SO AS READ, I'M IN SUPPORT, I'M IN SUPPORT FOR A 15%.
I'M IN SUPPORT TO, TO OPEN TO ANY AMENDMENTS FROM ANYBODY.
SO I WAS GOING TO LET THIS, UM, UM, NOT BE READ.
AND SO I WAS, I DIDN'T THINK THAT THERE WAS ANYTHING NEEDED.
AND SO, JUST AS CLARIFICATION, THE ONE CONCRETE PAD THAT IS THERE IS 21 BY 11.6 FEET.
SO IT'S 11 FOOT WIDE WITH REGARDS TO THE ONE LOT THAT'S THERE IN FRONT OF THE HOUSE.
AND SO, SO IT IS A FULLY USABLE DRIVEWAY.
UM, AND, AND, AND NOT SO, SO IT IS A FULL WIDTH.
AND SO, UM, BECAUSE OF THAT, I DIDN'T THINK THAT ANYTHING ELSE WAS NEEDED.
AND, AND, AND AS THIS BOARD KNOWS, I GENERALLY WANT LESS CONCRETE.
AND SO I ALWAYS VOTE FOR LESS CONCRETE.
ALRIGHT, ANYONE ELSE LIKE TO ADD? OKAY.
SO WE'LL JUST SEE HOW THIS TURNS OUT AT, AT, AT, AT THE, AT THE LOW 10%.
UH, LET'S HAVE A ROLL CALL VOTE, SIR, IF, IF YOU DON'T MIND REAL QUICK, THAT SIX BY THREE GARDEN, UH, SIR, IT ACTUALLY TIES INTO THE 21 BY, AND THAT'S MY I KNOW, BUT WE, DRAINAGE OR SEWAGE OR YEAH, IT'S, I'M JUST, I'M GONNA TAKE THIS BRIEF MOMENT JUST TO, TO EXPLAIN, APOLOGIZE THAT, YOU KNOW, JUST TO LET YOU KNOW THAT YOU NEED TO HAVE NINE OUT OF 11 PEOPLE VOTE FOR ANYTHING.
AND SO, YOU KNOW, JUST FROM WHAT WE'VE HEARD, I'M JUST UNDERSTOOD PUTTING SOMETHING OUT THERE.
SO LET'S HAVE ROLL CALL BILL CHAIR ORIAN? YES.
[02:40:01]
WITH THE FINDINGS OF FACT.COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
YOU KNOW, MEASURE YOUR FRONT YARD AS HARD AS YOU CAN AND DON'T EXCEED 60% INCLUDING YOUR DRIVEWAY.
PLEASE TALK TO STAFF ABOUT WHAT THAT MEANS AND, AND YOU KNOW, EVERYONE'S WATCHING, SO MAKE SURE I'LL HAVE THAT DONE THIS WEEK.
AND MARCO RAVI, PRINCIPAL PLANNER, UH, ITEM NUMBER NINE, BO O 8 2 5 1 0 3 0 0 1 74 LOCATED AT 1155 ARROWHEAD TRAIL, DISTRICT FOUR, APPLICANT BEING, UH, SHERRY BETTY.
I REQUEST FOR A NINE FOOT, 11 INCH VARI FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW CARPORT, UH, ONE INCH CARPORT.
SUBJECT PROPERTY IS SITUATED SOUTH OF PETRANKO ROAD, JUST WEST OF CODY ELEMENTARY.
THE PROPERTY OWNER IN COLLABORATION WITH THEIR CONTRACTOR IS REQUESTING A VARIANCE TO REDUCE THE MINIMUM FRONT SETBACK OF THE PROPOSED CARPORT DOWN TO ONE INCH.
THE EXISTING RESIDENCE IS LOCATED APPROXIMATELY 20 FEET BEHIND THE FRONT PROPERTY LINE, MAKING IT IMPRACTICAL TO CONSTRUCT A FRONTAL CARPORT WITHOUT ENCROACHING INTO THE MINIMUM REQUIRED, UH, SETBACK AREA.
AS A RESULT, A REQUEST OF VARIANCE IS NECESSARY TO PROVIDE USABLE COVERED PARKING ON THE EXISTING DRIVEWAY.
THE PROPERTY CURRENTLY INCLUDES A TWO CAR GARAGE.
STAFF HAS IDENTIFIED NUMEROUS CODE VIOLATIONS ON PROPERTIES AND SURROUNDING AREA RELATED TO CARPORT SETBACKS.
THIS IS A SITE PLAN SHOWING WHERE THE, UH, UH, CARPORT'S GONNA BE.
UM, AND THAT'S ONLY A 20 FOOT, UM, DEPTH THAT THEY HAVE TO FIT THE VEHICLE ON THERE.
SUBJECT PROPERTY, THAT FENCE TO THE RIGHT IS OUTTA COMPLIANCE, BUT IT'S NOT THE, NOT THE SUBJECT PROPERTY.
STAFF RECOMMEND A NOW IN BO OA 25 1 0 3 0 0 1 74, BASED ON THE FOLLOWING, FINDS THAT A FACT, UH, THE PRESENT OF TWO CAR GARAGE PROVIDE ADEQUATE, UH, COVERED PARKING.
SO THE INABILITY TO ADD CARPORT DOES NOT CONSTITUTE AN UNNECESSARY HARDSHIP.
THE ESTABLISHED, UH, BUILDING LINE WITH THE CARPORT NEAR THE SIDEWALK CAN CHANGE THE, UH, ESSENTIAL CHARACTER OF THE DISTRICT SLIDE.
UH, SO THE APPLICANT DID TURN IN, UM, SOME, UH, PUBLIC RESPONSES THAT WE'LL SHOW HERE IN A SECOND.
UM, THIS IS JUST SHOWING BY 10 O'CLOCK, BUT, UH, WE'LL HAVE THOSE SLIDES PULLED UP.
AND THAT CONCLUDES STATUS PRESENTATION MANANA, COMMISSIONER MANNA DID, I'M SORRY.
UM, DID, DID YOU STATE THAT THERE WAS I GUESS A PRECEDENT OR, OR PRECEDENT OR OTHER THINGS THAT YOU WERE SEEING WITHIN THE COMMUNITY ITSELF OF SIMILAR CARPORTS? YEAH, I BELIEVE THERE WAS FOUR, MAYBE FIVE CARPORTS THAT WERE BUILT RECENTLY WITH NO VARIANCE.
UM, SO CO COMPLIANCE SHOULD BE GOING AROUND THOSE.
SO MY QUESTION IS, IS ON THE SIDE PLAN THAT SOME OF THESE DIMENSIONS ARE PRETTY BLURRY.
WHAT, UH, WHAT, WHAT IS THE LENGTH ON THE SIDE? THERE'S SOME DIMENSION STRINGS ON THE SIDE OF THE, UH, YELLOW, UH, CARPORT.
IS THAT, SAY 20 FEET? UM, I THINK IT'S AT 18, BUT, UM, THE CONTRACTOR IS HERE.
ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
DID YOU SHOW THE PUBLIC COMMENT? OH, YES.
AND THIS IS PUBLIC COMMENT, THE UPDATED PUBLIC COMMENT.
UH, THESE THREE PROPERTIES, UM, WERE TURNED IN AND THEN, UH, IT'S LETTERS FROM THE, UH, PROPERTY OWNERS, ALL THREE OF 'EM WITHIN 200 FEET.
AND THAT CONCLUDES, THAT'S PRESENTATION.
HELLO, SIR, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR CARPORT.
UH, WE'RE THE GENERAL CONTRACTORS, UH, REQUESTING THIS VARIANCE, UH, FOR MS. BAYETT.
AND, UH, WE'RE TRYING TO PROTECT HER, HER BELONGINGS.
[02:45:01]
SERVED, UH, STUDENTS FOR 20 PLUS YEARS AND, UH, SHE IS WANTING TO PROTECT HER INVESTMENTS, HER VEHICLES.UM, SHE HAS A CAR AND A TRUCK.
UH, AND THEN HER HUSBAND HAS A VEHICLE AS WELL.
THEY ALSO HAVE INVESTED IN SOME PERSONAL CRAFTS THAT THEY KEEP IN THE GARAGE, ALONG WITH OTHER, UH, IMPORTANT BELONGINGS TO PROTECT FROM, HOW WOULD I PUT THIS? UM, ANY OPPORTUNITIES OF INVOLUNTARY LOSS OF PERSONAL PROPERTY.
SO THAT'S WHY THEY KEEP THAT STUFF IN THE GARAGE.
AND, UM, THEY WOULD SIMPLY LIKE TO PROTECT THEIR, THEIR VEHICLES FROM NUMBER ONE, THE, THE PROTECT THE UV RAYS FROM THE SUN.
'CAUSE IT DOES CAUSE OXIDATION AS ONE OF THE VEHICLES HAS SERIOUS OXIDATION FROM EXCESSIVE SUN, UH, DAMAGE.
UH, FURTHERMORE THERE'S BEEN SOME HELL STORMS THAT CAUSE SOME DAMAGE TO THEIR VEHICLES.
AND, UH, WE'RE TRYING TO DO EVERYTHING WE CAN TO HELP PROTECT, PROTECT THEIR INVESTMENT.
SINCE WE ONLY HAVE 20 FEET FROM THE APRON ITSELF GOING TO THE HOUSE, WE'D, WE'D NEED AT LEAST, UH, THE NINE FOOT, 11 INCH VARIANCE.
UH, WITH THE BOARD'S PERMISSION, OF COURSE, WE WANNA DO WHATEVER'S NECESSARY TO COMPLY WITH WHAT'S NECESSARY TO SATISFY HER NEEDS, BUT OF COURSE, SATISFYING THE CITY OF SAN ANTONIO AND DO EVERYTHING THE WAY IT NEEDS TO BE DONE IN A PROPER MANNER.
UH, THE SIDEWALK THAT'S ABUT THE CURB ON THIS PROPERTY, IS IT FOUR FOOT SIDEWALK? THE SIDEWALK, THE WIDTH OF THE FOOT SIDEWALK? I'M NOT SURE THE WIDTH OF IT.
IT'S STANDARD, I WOULD IMAGINE IS FOUR FOOT.
LIKE THIS HOME WAS BUILT WHEN IT WAS IN THE CITY LIMITS, RIGHT.
IT'S IN THE CITY LIMITS TO THE BEST OF MY KNOWLEDGE.
SO THAT WOULD BE A FOUR FOOT SIDEWALK.
SO IT LOOKS LIKE FROM YOUR PLAN THAT YOUR, YOUR EDGE OF THE, OF THE, UH, CARPORT WOULD BE SEVEN FEET AWAY FROM THE BACK OF THE SIDEWALK.
UH, APPROXIMATELY, I THINK IT'S FIVE FEET, ACTUALLY.
I APOLOGIZE, THAT'S GOING TO THE CURB.
SO IT WOULD BE THREE FEET AWAY? YEAH.
FROM WHAT MY MEASUREMENTS WERE IS I THOUGHT IT WAS FIVE FEET FROM THE EDGE OF THE SIDEWALK TO THE VERY FIVE FOOT, ONE INCH.
IT WOULD BE FROM THE SIDEWALK TO THE, THE, UH, PROPERTY, UH, OR TO WHERE WE'RE PROPOSING THE CARPORT.
ONE, ONE OF MY PERSONAL CONCERNS IS HOW FAR AWAY PEOPLE ARE BUILDING THINGS TO WHERE PEDESTRIANS TRAVEL.
SO THAT'S AH, THAT'S WHY I WAS ASKING.
ANY COMMISSIONER QUESTIONS? SO THE 20 FOOT, UM, LENGTH OF THE CARPORT.
SO IS THAT, I GUESS 20 FOOT DEPTH, 20 FOOT DEPTH, I'M SORRY.
SO, SO, UH, WHAT'S DRIVING THE 20 FOOT DEPTH, THE LENGTH OF THE VEHICLE THAT SHE DRIVES IS 19 FEET FOUR INCHES LONG.
SO IT'S, UH, UM, THAT WAY WE HAVE ENOUGH COVERAGE FOR THE VEHICLE.
UH, ANY OTHER COMMISSIONER QUESTIONS? BRAGMAN, COMMISSIONER BRAGMAN, WHERE ARE THE POSTS THAT ARE GONNA BE CLOSEST TO THE SIDEWALK GONNA BE LOCATED? ARE THEY GONNA BE ON THE, THE VERY CORNERS OR ARE THEY GONNA BE SET IN FROM THE EDGE OF THE CARPORT? THAT'S AN EXCELLENT QUESTION.
UH, I THINK IT NEEDS TO BE A LITTLE BIT AWAY FROM THAT.
SO EVEN THOUGH IT'S NINE FOOT ONE INCH, I'M GONNA ACTUALLY GO FURTHER BACK TO KEEP IT A LITTLE BIT FURTHER.
SOME MORE, UM, I WOULD SAY AT LEAST 12 INCHES AWAY.
AND WE COULD GO EVEN FURTHER BACK BECAUSE I COULD PUT THE POST AND DO AN OVERHANG.
I WANNA DO WHATEVER'S NECESSARY TO COMPLY WITH, WITH WHAT'S NECESSARY TO, OBVIOUSLY FOR THE SAFETY OF THE NEIGHBORHOOD.
'CAUSE I CAN'T IMAGINE WHY WE'D NEED THAT.
BUT YOU GUYS KNOW MORE THAN I DO AS FAR AS THAT'S CONCERNED.
I JUST WANNA, YOU KNOW, DO WHATEVER'S NECESSARY TO, SO TO EXPAND ON, COMMISSIONER BRAGG'S QUESTION, THE, THE PLAN THAT WE'RE LOOKING AT ON THE SCREEN, HAS THIS BEEN SUBMITTED FOR A PERMIT? I HAVE NOT SUBMITTED FOR A PERMIT BECAUSE I WANTED TO FIND OUT WHAT I NEED TO DO.
UH, WE PAID FOR THE, THE, UH, MEETING FOR THE BOARD, BUT I HAVEN'T SUBMITTED A PERMIT.
'CAUSE I WANNA KNOW WHAT I NEED THE PERMIT FOR TO MAKE SURE IT'S IN COMPLIANCE.
AND, UH, OBVIOUSLY IF WE CAN GET THIS DONE, WE'RE GONNA DEFINITELY GET THE PERMIT.
'CAUSE WE ALWAYS COMPLY WITH WHAT NEEDS TO BE DONE.
THE, THE REASON WHY I ASK IS YOU'RE, YOU'RE PROPOSING A 20 FOOT CARPORT AND THE, THE POST IS, IT LOOKS LIKE IT, IT'S, IT'S TWO OR THREE FEET AWAY FROM THE PROPERTY LINE PER THIS PLAN.
I MEAN, IF YOU TAKE 10 FEET FROM THE CURB TO THE POST AND YOU, AND YOU AND YOU REDUCE, UM, WELL IT SAYS IT'S, IT'S SEVEN FEET FROM THE PROPERTY LINE TO THE CURB.
SO YOUR POST WOULD BE THREE FEET AWAY FROM THE PROPERTY LINE.
THAT SOUNDS APPRO, THAT SOUNDS ABOUT RIGHT.
I'M LOOKING AT THE DIMENSIONS ON EITHER SIDE WHERE IT'S SEVEN FEET TO THE CURB TO THE EDGE, AND THEN 10 FEET FROM THE CURB TO THE POST, UH, ON THE LEFT SIDE.
SO THAT WOULD GIVE YOU A THREE FEET AWAY FROM THE PROPERTY LINE.
YEAH, AND I CAN MOVE IT FURTHER
[02:50:01]
BACK IF NEED BE.'CAUSE WE CAN MOVE THE, THE POST CLOSER, UH, TOWARDS THE HOUSE AND HAVE MORE OVERHANG IF NEED NEEDED.
SO, YOU KNOW, WHATEVER YOU GUYS RECOMMEND, WE WILL DEFINITELY ADHERE TO.
UH, ANY OTHER QUESTIONS, MR. ZU? UH, REGARDING WATER, RAIN WATER, UH, WHICH WAY DOES THE WATER RUN OFF AND GUTTERS? EXCELLENT QUESTION.
RIGHT NOW WHAT WE HAVE IS AN STRUCTURAL DRAWING WITH THE SLOPE LEANING TOWARDS THE ROAD FOR PROPER RUNOFF.
UH, YOU KNOW, IF THAT'S ACCEPTABLE THEN WE'LL DO THAT.
THE, THE MAIN THING I WANNA DO AS FAR AS THE INTEGRITY OF THE CARPORT IS MAKE SURE IT'S STRUCTURALLY SOUND SO THERE'S NO SAGGING.
THAT'S VERY, VERY IMPORTANT TO ME AS WELL AS A HOMEOWNER OBVIOUSLY.
UH, SO WE'VE GOT IT SET UP AS A FLAT CAR PORT, LEANING TOWARDS, UH, DRAINING TOWARDS THE ROAD AS IT SHOULD TO PROTECT, PROTECT THE, THE NEIGHBORS.
WHAT IS THE MATERIAL OF THE, OF THE ROOF? IS IT LIKE CORRUGATED OR IS IT CORRUGATED? YES SIR.
SO IT WOULD HAVE NATURAL YES SIR.
ALRIGHT, ANY OTHER QUESTIONS? ALL RIGHT.
HEARING NONE STAFF, UH, JUST OUTTA CURIOSITY, BECAUSE THIS IS SO CLOSE TO THE FRONT PROPERTY LINE AND THEY'RE ASKING FOR THE ONE INCH, CAN WE SPECIFY THE DISTANCE FROM THE POST? SO YES, YOU WOULD'VE TO DO IT AS IN OVERHANG.
SO IF YOU WANT THE POSTS, I'LL SAY FIVE FEET OR FOUR FEET.
YOU WOULD LIKE TO INCLUDE A FOUR FOOT OVERHANG? WELL, 'CAUSE THIS, THE PLAN THAT'S BEFORE TODAY, HAVING THEM BE SEVEN FEET APART IS, IS MAKES A LOT OF STRUCTURAL SENSE.
UM, YOU KNOW, I THINK THAT IT WOULD MAKE IT A LITTLE MORE STYLE IF THE FURTHER YOU START MOVING THAT POST IN THE LESS IT GETS A LITTLE BIT LESS.
SO I, I MEAN, I, I DON'T MIND, UH, SUGGESTING AND, AND I WILL SUGGEST, UH, MAYBE TO FOLLOW THIS PLAN AS FAR AS SPACING SINCE IT'S BEFORE US, BUT THAT'S JUST MY 2 CENTS.
UH, WHOEVER LIKE TO MAKE A MOTION.
COMMISSIONER MANANA REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 1 7 4.
I MOVED TO THE BOARD OF JUDGMENT GRANT, A REQUEST FOR NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH CARPORT FRONT SETBACK SITUATED AT 1 1 5 5 ARROWHEAD TRAIL, APPLICANT BEING SHERRY BETE.
UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT ALL LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
UM, SPECIFICALLY FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
UM, THE VARIANCE WILL NOT OBSTRUCT PUBLIC VISIBILITY IN, UM, INTERFERE WITH PEDESTRIAN ACCESS OR ENCROACH UPON THE PUBLIC RIGHT OF WAY.
THE MINIMUM SETBACK FOR THE FRONT PROPERTY LINE STILL PRESERVES THE SEPARATION FROM THE STREET DUE TO EXISTING SPACE BETWEEN THE PROPERTY LINE AND THE CURB.
AND I'D LIKE TO ADJUST IT JUST A LITTLE BIT.
UM, TO INCLUDE, UH, THE PLAN AS SUBMITTED SO THAT THERE IS ADEQUATE DISTANCE BETWEEN THE POST, UM, AND THE SIDEWALK.
UM, SO, SO AS SUBMITTED, UM, AND I THINK THAT ADDRESSES THIS PARTICULAR POINT, UM, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SUBJECT PROPERTY HAS A NOTABLE SHALLOW FRONT YARD, WHICH SIGNIFICANTLY LIMITS THE ABILITY TO CONSTRUCT COVERED PARKING WITHOUT ENCROACHING ON THE SETBACK AREA.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE CARPORT WILL BE OPEN ON THE SIDES, MAINTAINING VISUAL OPENNESS AND MINIMIZING STRUCTURAL BULK.
WITHOUT THE VARIANCE, THE HOMEOWNER WOULD BE PREVENTED FROM ENJOYING A BASIC RESIDENTIAL AMENITY AVAILABLE TO OTHERS WITHOUT ACHIEVING ANY SUBSTANTIAL PUBLIC BENEFIT.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN A DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
THE CARPORT WILL NOT BLOCK LIGHT VIEWS OR ACCESS TO ADJACENT PROPERTIES.
IT IS DESIGNED TO BE VISUALLY UNOBTRUSIVE AND CONSISTENT WITH EXISTING NEIGHBORHOOD CHARACTER.
SIX, APPLY TO THE OWNER PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN A DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PROPERTY'S UNIQUE HARDSHIP ARISES FROM ITS LIMITED FRONT YARD DEATH AND THE ORIGINAL SITTING, SITING SITTING ORIGINAL, UH OH, THE ORIGINAL, UM, I DON'T KNOW, SITTING OF THE HOME, UM, WHICH IS NOT ESTABLISHED BY THE CURRENT OWNER.
UM, THIS LAYOUT LEAVES NO FEASIBLE SPACE TO ACCOMMODATE A CARPORT WITH THE STANDARD SETBACK LIMITS END OF MOTION.
AND I'M STILL NOT SURE WHAT THAT WORD SHOULD BE.
SO THE SITTING OR THE SIDING SECOND.
SECOND BY COMMISSIONER CRUZ, COMMISSIONER MANNA.
SO REGARDLESS OF THE WORD THERE, UM,
[02:55:01]
SO, SO I THINK YOU KNOW THAT I DID GOOGLE DRIVE AROUND THE NEIGHBORHOOD AND IT DOES APPEAR THAT THERE ARE MANY OTHER STRUCTURES IN PLACE THAT ARE VERY, UH, SIMILARLY CONSTRUCTED.SO IT DOES APPEAR THAT THIS IS, IT IS CONSISTENT WITH, UM, WHAT IT IS THAT THE COMMUNITY'S ALREADY BUILDING.
UM, ALSO, UH, BECAUSE IT WASN'T, YOU KNOW, IT IT IT IS OBSERVING THE SIDE SETBACK.
AND SO BECAUSE OF THAT, UM, UM, AND ALSO WITH THE FRONT POST BEING SETBACK, UM, I'LL BE VOTING IN FAVOR.
I CONCUR WITH COMMISSIONER MANNA.
AND OF COURSE, UH, THE BEST THING IS IT HASN'T BEEN BUILT YET, SO THAT'S EVEN A BETTER BONUS
BUT I DO LIKE WHAT IT SHOWS AND THERE IS QUITE A FEW HOMES IN THAT AREA WITH THE SAME, SAME, UH, CARPORT.
ANY OTHER COMMISSIONERS LIKE TO ADD, UH, HEARING NONE, UH, LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, UH, THANK YOU VERY MUCH.
I APPRECIATE THE BOARD'S TIME VERY MUCH.
AND I'D LIKE TO ADD THAT THE WORD SITING IS A MADE UP BOARD, I THINK IN THE REALM OF DEVELOPMENT HAPPENS.
I WAS STRUGGLING, SO I DON'T KNOW.
SO THE POSITION, HOW ABOUT JUST THE POSITION ON THE PROPOSITION POSITION? THANK YOU.
WELL, IS THERE A DIRECTOR'S REPORT? NO DIRECTOR'S REPORT.
AND OUR NEXT MEETING IS MONDAY NEXT WEEK.
DON'T YOU HAVE TO ADVERTISE THAT TOMORROW? IT WAS PUBLISHED A FEW HOURS AGO.
SO WE WON'T BE HEARING MINUTES ON THE NEXT MEETING.
AND THANK YOU FOR, UH, THE AVAILABILITY OF THE BOARD MEMBERS.
THIS IS, THIS, THIS FLEW BY PRETTY GOOD.