[00:00:02]
I HEREBY CALL THIS MEETING THE BOARD OF ADJUSTMENTS INTO SESSION.
HAVE THE SPANISH INTERPRETER COME OUT, PLEASE? GOOD AFTERNOON.
SO WE'VE GOT 10 SEATED AT THIS MOMENT.
IF EVERYONE COULD PLEASE JOIN ME IN THE PLEDGE.
I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC ONE NATION, NATION UNDER GOD THE ROUTINE JUSTICE, ALL HONOR THE TEXAS FLAG.
I PLEDGE ALLEG, TEXAS, ONE STATE UNDER GOD.
SO BEFORE WE 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.
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 WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR, AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DID NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION 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.
WE ALSO SERVE IN AN ADVISOR IN APPELLATE CAPACITY OF THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON THE FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORDS OF THE BOARD'S PROCEEDINGS.
THE APPLICANT ORS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIGHT MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT'LL 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 IN GRANTING THE RELEASE OUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS AND WHAT 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 OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE, UH, AND LET THE RECORD SHOW THAT COMMISSIONER MANNA HAS, UH, JOINED THE MEETING AT 1:09 PM STAFF
[ Briefing and Possible Action on the following items ]
THANK YOU CHAIR.UM, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOUND THIS PRESENTATION IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST FOR THOSE SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL.
HE'LL BE CALLED IN AN ORDER TO SIGN UP TO SPEAK FOR THOSE IN SUPPORT OR OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER.
YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT'D LIKE TO GIVE WITH THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
YEAH, SO THERE ARE 10 CASES ON THE AGENDA.
[00:05:01]
LOCATED AT 1 22, UH, VI PLACE AND 2 35 EAST COMMERCE HAVE BEEN POSTPONED.SO IF YOU'RE HERE FOR THOSE CASES OR IF YOU SIGN UP TO SPEAK, UH, IF YOU COULD LET STAFF KNOW, WE, WE WILL STILL GIVE YOU AN OPPORTUNITY TO, TO SAY SOMETHING IF YOU WISH.
UH, ITEM FIVE LOCATED AT 1 74 BROOKSHIRE HAS BEEN WITHDRAWN.
THEY WILL WILL NOT BE HEARING THAT CASE TODAY.
UH, AND UH, I'D LIKE TO START OFF WITH, UH, ITEM NUMBER NINE, WHICH IS REQUESTING A CONTINUANCE, UH, TO NOVEMBER 3RD, 2025.
UH, WERE THERE ANY VOICEMAILS OR ANYONE SIGNED TO SPEAK ON NUMBER NINE? NO, BUT A COMMENT AND I'LL JUST READ IT INTO A RECORD REAL QUICK.
BO, A 25 1 0 3 0 0 180 5 REQUEST BY GEORGE RODRIGUEZ FOR, UH, 59.75 SQUARE FOOT VARIANT FROM THE D TWO FREESTANDING SIGN, MAXIMUM OF 12.25 SQUARE FEET TO ALLOW A 72 SQUARE FOOT SIGN, FREESTANDING SIGN, AND A 10 FOOT VARIANCE FROM THE CD TWO FREESTANDING HEIGHT MAXIMUM OF EIGHT FEET WILL ALLOW FOR 18 FOOT TALL FREESTANDING SIZE LOCATED 2119 SAN PEDRO AVENUE.
STAFF RECOMMENDED DENIAL APPLICANT REQUESTING CONTINUANCE TO NOVEMBER 3RD.
ALL RIGHT, IS THERE, UH, COMMISSIONER WOULD LIKE TO MAKE A MOTION TO CONTINUE NOVEMBER 3RD.
I'LL GIVE THAT TO BARRINGTON A SECOND BY, UH, COMMISSIONER BRAGMAN.
UH, THE CASE HAS CONTINUED TO NOVEMBER 3RD AND BEFORE WE BEGIN, UH, SO LAST WEEK WE HAD, LAST WEEK WE HAD A SPECIAL MEETING, UH, AND WE HAD A MOTION TO CONTINUE TO EXTEND, UH, A CASE, UH, TO TODAY, BUT THERE WASN'T ENOUGH NOTIFICATION TO ADEQUATELY PUBLISH IT, SO IT CANNOT BE HEARD TODAY.
SO AT THIS POINT, UH, I AM GOING TO DO SOMETHING WE DON'T RARELY, WE RARELY EVER DO, BUT WE ACTUALLY CAN.
UM, IS THAT I'M, I'M MOVING TO ADD TO THE, UH, OCTOBER 20TH, 2025 AGENDA, BO OA CASE NUMBER BO A DASH 25 DASH 3 0 0 1 60 FROM LAST WEEK'S AGENDA, UH, TO CHANGE THE DATE OF THE MEETING WHERE IT WILL BE HEARD SO THAT IT WILL BE HEARD OCTOBER 20TH, 2025.
UH, AND THEN WE CAN, WE DON'T HAVE TO START THE PROCESS ALL OVER AGAIN.
SO IS THERE A SECOND FOR THAT? SECOND.
SECOND BY COMMISSIONER BRAGMAN.
UH, WE WILL BE HEARING THAT CASE ON THE 20TH OF OCTOBER.
BRINGS US TO ITEM THREE, LOCATED AT 2306 EAST HOUSTON STREET.
MY NAME IS JOSEPH LEOS, SENIOR PLANNER WITH DEVELOPING SERVICES.
ITEM NUMBER THREE IS BO OA DASH 25 DASH 1 0 3 0 1 79 AT 2306 EAST HOUSTON STREET.
IN COUNCIL DISTRICT TWO, THE APPLICANT IS, UH, VANTA CAN MURRAY AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK PHASE.
AND THE CURRENT ZONING IS R FOUR FOR RESIDENTIAL SINGLE FAMILY.
UM, AGAIN, THE SUBJECT PROPERTY IS LOCATED AT 2306 EAST HOUSTON.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
AGAIN, THEY'RE REQUESTING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO ON THE BLOCK PHASE PER THE CODE.
TYPE TWO SHORT TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE A OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS.
ON A BLOCK PHASE, AT LEAST ONE TYPE TWO SHALL BE PERMITTED PER BLOCK PHASE, REGARDLESS OF THE TOTAL NUMBER UNITS SHALL THAT BLOCK PHASE.
UH, SO THIS IS THE TYPE TWO DENSITY COUNT.
THERE ARE 11 UNITS ON THIS BLOCK PHASE.
UM, TWO ACTIVE TYPE TWOS ARE CURRENTLY THERE AT 2314 AND 2344 EAST HOUSTON STREET.
UH, THE BLOCK PHASE IS CURRENTLY AT 18%, AND IF THIS TYPE TWO IS APPROVED, IT'LL BE AT 27%.
UM, THIS IS THE, UM, INACTIVE LISTING THAT WE HAD FOUND.
UM, AND THIS SUBJECT PROPERTY DOES NOT HAVE ANY CODE VIOLATIONS.
THIS IS A SITE PLAN, THE SUBJECT PROPERTY, AND THEN THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THESE SPECIAL EXCEPTIONS, STAFF RECOMMENDS A DENIAL.
AND THIS IS THE NOTIFICATION PLAN.
UH, WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION, AND WE HAD NO RESPONSE FROM THE JEFFERSON HEIGHTS AND HARVARD PLACE, EAST LAWN NEIGHBORHOOD ASSOCIATIONS.
UH, ADDITIONALLY, THE THREE CITYWIDE GROUPS, UH, WERE, WERE NOTIFIED WITH NO RESPONSE.
AND THIS CONCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT.
ALL RIGHT, THANK YOU VERY MUCH.
I'LL HAVE THE APPLICANT COME FORWARD.
[00:10:13]
ALL RIGHT.PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJ, UH, YOUR CASE
UM, I'M HERE FOR REPRESENTING THE PROPERTY OWNER OF 2306 EAST HOUSTON.
UM, SO BASICALLY, UM, WE ARE TRYING TO DO A REQUEST FOR THE SPECIAL EXPECTATION TO OBTAIN A SHORT-TERM RENTAL FOR THIS PROPERTY.
UM, I KNOW THAT Y'ALL HAD ALREADY LISTED IT UP HERE AS IT BEING, UM, ACTIVE, SO WE DID HAVE IT LISTED UNDER JUST LIKE, UM, LIKE A LEASE CASE BY WHICH DIDN'T NEED, DIDN'T REQUIRE AN ACTUAL PERMIT.
BUT WE DO RECOGNIZE THAT THE APPLICATION EX EXTENDS THE STANDARD TWO POINT, I'M SORRY, THE 12.5 BLOCK BLOCK FACE DENSITY THRESHOLD.
AND THEREFORE WE'RE JUST REQUESTING A BOARD OF APPROVAL APPROVAL.
HOWEVER, WE ARE JUST LIKE TRYING TO HELP AND DEVELOP THE, YOU KNOW, THE AREA AS TOURISM AND STUFF LIKE THAT, THAT WE'RE JUST TRYING TO HELP IT LIKE, UM, TO GAIN GROWTH.
AND WE DO KNOW THAT, UM, THE SAN ANTONIO TOURISM INDUSTRY GENERATES OVER 21.5 BILLION IN 2003 AND PER, UM, PURSUING 27 MILLION IN TAX REVENUE, INCLUDING NEARLY A HUN A MILLION FROM HOTEL OCCUPANCY.
UM, LEMME SEE, WHAT ELSE DO WE HAVE HERE? JUST GIMME A MINUTE.
SO BASICALLY WE'RE JUST TRYING TO SEE IF WE CAN GET THIS APPROVED.
UM, WE KNOW THAT THERE IS OTHER SHORT TERM RENTALS ON THE PROPERTY.
UM, WE JUST FEEL THAT OUR PROPERTY WILL, UM, GIVE MORE TO THE, TO THE COMMUNITY AND WE ARE VERY CAREFUL AS HOW WE HANDLE LIKE NOISE REDUCTION.
WE DON'T WANNA CAUSE ANY OF THAT.
SO WE'RE, WE'RE HANDLING IT REALLY WELL AND WE JUST FEEL THAT THIS IS SOMETHING THAT THAT CAN, UM, DONE IN THE RIGHT MANNER.
HAS THIS PROPERTY EVER BEEN A SHORT-TERM RENTAL BEFORE? IT HAS NOT.
IT HAS BEEN ONLY A LONG-TERM RENTAL.
WHICH WE DID HAVE LIKE A LEASE AND WE WOULD GIVE IT OUT FOR THE 30 DAYS, WHICH DOESN'T REQUIRE PERMIT.
UH, ANY COMMISSIONER QUESTIONS? UH, HEARING NONE, UH, STAFF, HAS ANYONE SIGNED TO SPEAK ON THIS? I NOTICED THAT THERE WEREN'T ANY VOICEMAILS, NOT PUBLIC COMMENT.
UM, IF THERE'S NOTHING ELSE, UH, THANK YOU VERY MUCH AND WE WILL LOOK FOR A MOTION TO SEE HOW THIS TURNS OUT.
UH, WHO'D LIKE TO MAKE A MOTION ON THIS CASE? COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 79, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT TERM RENTAL UNIT SITUATED 2 3 0 6 EAST HOUSTON STREET, APPLICANT BEING, UH, VANTA
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENGAGE PUBLIC SAFETY.
I'M, I'M SORRY, COMMISSIONER, CAN WE USE THE MIC? THE MICROPHONE SEEMS TO HAVE GONE SILENT.
I CAN START OVER OR JUST PICK UP.
UH, B THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
UH, THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT TERM RENTAL, DE ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
EITHER APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSE.
CONFIRMED CITATIONS ARE ADJUDICATED OFFENSE OFFENSES, UH, CONVICTIONS ARE VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES.
CONFIRMED CITATIONS ARE ADJUDICATED OFFENSES OR CONVICTIONS AFTER THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
UH, THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH THE PROPERTY IS SEEKING, THE SPECIAL EXCEPTION AND OF MOTION.
SO I DIDN'T SEE ANY, UM, OPPOSITION TO THE, UH, NEIGHBORS THAT WOULD BE MOST AFFECTED.
UH, NO OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION HERE, UH, UNDERSTAND THAT IT WOULD EXCEED THE DENSITY COUNT, BUT, UM, YOU KNOW, I THINK IF, IF APPROVED IT WOULD BE FOR THREE YEARS, CORRECT.
[00:15:01]
AND THEN THERE'D BE, UH, BACK BEFORE THE, THE BOARD IF THERE ARE ANY VIOLATIONS.UM, THEY HAVE NOT BEEN OPERATING AS A, AS A, AS A SHORT TERM RENTAL AS THEY INDICATED.
SO I, I, SO FAR THE MOTION IS READ COMMISSIONER MANNA.
SO, UH, UNFORTUNATELY I WON'T BE IN AGREEING WITH MY COLLEAGUE.
AND SO, UM, AS I TAKE A LOOK AROUND, THIS AREA IS WELL REPRESENTED FROM SHORT-TERM RENTALS.
UH, WITHIN A QUARTER MILE THERE'S, UH, 25 ADDITIONAL, UM, STR TWOS AND FIVE STR ONES.
SO IT DOES LOOK LIKE IT'S, YOU KNOW, PRETTY REPRESENTED THERE.
AND I THINK, YOU KNOW, BEING THE APPLICANT MENTIONED THAT THEY'RE DOING 30 DAY RENTALS, YOU KNOW, LOOK, THEY HAVE A PATH THERE, UH, WHICH THEY CAN LEVERAGE.
SO I WILL NOT BE VOTING IN FAVOR.
ALL RIGHT, ANYONE ELSE LIKE TO ADD? UH, IVANIA COMMISSIONER PON, UM, I AM NOT GOING TO SUPPORT THIS REQUEST, UM, FOR THE REASON THAT THERE'S ALREADY TWO ON THE BLOCK FACE AND THIS IS AN AREA THAT, UM, LIKE DIGNITY AND, UH, DENVER HEIGHTS IS BEING SATURATED, WANTING TO BE SATURATED WITH AIRBNBS.
UM, SO I WILL NOT BE IN SUPPORT OF THIS REQUEST.
OKAY? UH, THANK YOU VERY MUCH.
UH, ANYONE ELSE? ALL RIGHT, HEARING NONE, LET'S HAVE A UH, ROLL CALL VOTE PLEASE.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? NO, I DO NOT CONCUR.
COMMISSIONER IBANEZ? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER BRAGMAN? I DO NOT CONCUR.
COMMISSIONER BEES? OH, THANK YOU.
COMMISSIONER BOEZ, CHAIR ORIAN AND I DO NOT CONCUR.
UH, IF YOU HAVE ANY FURTHER APPLICANT, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
UH, ITEM FOUR, GOOD AFTERNOON.
MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER FOUR IS REQUESTED BY REMAN DEEP CARR AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO A HOT COLLECTION LOCATED AT 62 15 VIA LA ERO UNIT 2 85.
THE SUBJECT PROPERTY IS LOCATED AT 62 15 VIA LA ERO, UNIT 2 85.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY AS OF MARCH 10TH, 2025.
PLATFORMS THAT DIRECTLY REMIT STATE HOT.
ALSO NOW DIRECTLY REMIT CITY HOT TO THE CITY'S FINANCE DEPARTMENT.
ALL STR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEXAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS.
SEVEN NOTICES OF DELINQUENCY WERE MAILED BY AVENUE BETWEEN NOVEMBER, 2024 THROUGH MARCH 20, 25.
AND THE FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON JULY 28TH, 2025.
NO PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON AUGUST 12TH, 2025.
THERE ARE A TOTAL OF 325 UNITS ON THE BLOCK.
PHASE THREE ACTIVE STR TYPE TWO PERMITS ARE ALREADY ON THE BLOCK AND THE CURRENT DENSITY IS 1%.
SO A LITTLE BACKGROUND HISTORY.
ON JUNE 7TH, 2023, THERE WAS AN OPEN INVESTIGATION FOR OPERATING WITHOUT A PERMIT.
THE OWNER COMPLIED AND THEN THE INVESTIGATION HAS THEN BEEN CLOSED.
AND IN TERMS OF PERMITTING, ON AUGUST 2ND, 2024, THE APPLICANT APPLIED FOR A SHORT TYPE TWO SHORT-TERM RENTAL.
AND ON AUGUST 27TH, 2024, THE STR TYPE TWO PERMIT WAS ISSUED.
AND THEN MOVING FORWARD, A YEAR LATER ON AUGUST 12TH, 2025, THE STR PERMIT WAS REVOKED DUE TO HOT DELINQUENCY.
THIS IS THE CURRENT ACTIVE LISTING
THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION.
THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL AND THERE WERE A TOTAL OF 16 MIL NOTICES.
ZERO IN FAVOR, ZERO IN OPPOSITION.
[00:20:01]
PROPERTY IS NOT WITHIN A REGISTERED NEIGHBORHOOD ASSOCIATION.AND FOUR CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
THIS CONCLUDES THAT PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
HAVE THEY, HAS THIS APPLICANT EVER FILED ANYTHING AT ALL? LET'S SEE.
OKAY, I'M JUST CURIOUS BECAUSE THEY'VE BEEN AROUND FOR A YEAR.
LIKE HOW MANY OUTTA THE LAST 12 MONTHS DID THEY ACTUALLY FILE? DO THEY FILED LIKE, UH, THREE OR FOUR TIMES, BUT IT DID LIKE A COUPLE OF MONTHS AT A TIME.
THIS THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR STR.
UH, DO YOU MEMBER AND UH, MEMBER OF THE BOARD? MY NAME IS JIN PAUL SING YOUR NAME PLEASE.
CAN YOU SAY, MY NAME IS JIN PAUL SING AND I AM PRESENTING THIS APPEAL ON THE BEHALF OF MY SPOUSE, RAM DIP CAR.
KAR, A MEMBER OF REM STATE LLC, WHO IS CURRENTLY PREGNANT AND IN HER THIRD TRIMESTER AND UNABLE TO TRAVEL DUE TO MEDICAL TRAVEL RESTRICTIONS WE BASE IN CALIFORNIA.
AND I FLEW FROM CALIFORNIA YESTERDAY AND I'M PRESENTING YESTERDAY.
SO THANK YOU FOR TAKING YOUR TIME TODAY.
SO THIS IS OUR FIRST YEAR, LIKE IN, UH, IN SAN ANTONIO SHORT TERM RENTAL THROUGH AIRBNB.
AND I WOULD LIKE TO BEGIN WITH BY SAYING THAT WE TAKE THE FULL RESPONSIBILITY FOR THE MISUNDERSTANDING RELATED TO OUR HOT PAYMENTS, WHICH TRULY VALUE THE COMPLIANCES WITH THE CITY'S, UM, SHORT TERM RENTAL REGULATIONS.
AND OUR GOAL HAS ALWAYS BEEN TO OPERATE RESPONSIBILITY AND TRANSPARENTLY.
SO IN APRIL, WE UH, RECEIVED AN EMAIL FROM ENU STARTING THAT OUR ACCOUNT APPEARED TO BE A FILED UNDER A WRONG CATEGORY LISTED AS A HOTEL INSTEAD OF SHORT-TERM RENTAL AND NEEDS TO BE CORRECTED TO STAY IN GOOD STANDING.
SO RIGHT AFTER RECEIVING THAT EMAIL, SO I CONTACTED THE AVENUE TO UNDERSTAND WHAT NEEDS NEEDED TO BE FIXED.
UM, THEIR SUPPORT TEAM, AMAZING SUPPORT TEAM HELPED ME THROUGH THE PROCESS AND, AND THE ACCOUNT CATEGORY WAS CORRECTED AT THAT TIME.
SO I HAVE ACTUALLY OVERPAID THIS TAXES UNDER THE WRONG CATEGORY AND I ASSUME THAT OVERPAID TAXES WOULD AUTOMATICALLY ROLL OVER AND ADJUST IT TOWARDS THE FOLLOWING MONTHS, BUT THAT ASSUMPTION WAS MY OWN MISUNDERSTANDING.
SO EARLIER THIS YEAR WE HAD RECEIVED THE LETTERS FROM ENU ABOUT ACTUALLY PAYMENTS, BUT AT THAT TIME I BELIEVE, UM, AIRBNB WAS ALREADY HANDLING TAX, UH, COLLECTIONS AND
LATER, WHEN WE RECEIVED A PERMIT REVOCATION NOTICE IN AUGUST, I WAS GENERALLY SURPRISED BECAUSE I BELIEVE EVERYTHING HAS HAD BEEN TAKEN CARE OF.
BUT AFTER REVIEWING THE ACCOUNT AGAIN, I DISCOVERED THAT WHILE AIRBNB PAYS MOST OF THE REQUIRED TAXES, A SMALL LOCAL PORTION STILL HAS TO BE PAID DIRECTLY TO THE LOOK DIRECTLY BY THE HOST.
SO ONCE I UNDERSTOOD THAT I PAID THE REMAINING BALANCE IN FULL, NOW OUR ACCOUNT IS FULLY PAID AND UP TO DATE.
THIS EXPERIENCE HAS BEEN A REAL LEARNING, UH, MOMENT FOR US.
WE ARE NOW FULLY UP TO DATE AND OUR REQUIRED PAYMENTS AND I HAVE, UH, SET UP A MONTHLY REVIEW PROCESS WITH OUR ACCOUNTANT TO MAKE SURE FUTURE FILINGS ARE ACCURATE AND ON TIME.
WE ARE ALWAYS ACTED IN GOOD FAITH AND PROMPTLY CORRECTED EVERY ISSUE AS SOON AS WE BECOME AWARE OF IT.
I SINCERELY APOLOGIZE FOR THE CONFUSION AND RESPECTIVELY ASK THE CITY TO REINSTATE OUR SHORT-TERM RENTAL PERMIT SO WE CAN CONTINUE OPERATING IN FULL COMPLIANCE MOVING FORWARD.
UH, SO THERE'S A DIFFERENCE BETWEEN HAVING THE TAXES PAID AND HAVING THE FILINGS DONE.
SO YOU'RE HERE BECAUSE YOU HAVEN'T BEEN MAKING THE FILINGS.
AND, AND THEN, UM, THE APPLICANT HAD MENTIONED THAT THERE WAS A SMALL PORTION OF TAXES THAT IS NOT COLLECTED BY AIRBNB OR SO.
IS IS IS THERE A, A SMALL PIECE THAT IS NOT COLLECTED THAT THEY HAVE TO PAY? SO PRIOR, PRIOR TO MARCH, 2025 OF THIS YEAR, UM, AIRBNB AND BOROUGH WERE ONLY REQUIRED TO PAY STATE HOT TAXES.
THEY WERE OWNERS AND OPERATOR RESPONSIBLE PAYING CITY AND COUNTY HOT TAXES TO THE CITY.
[00:25:01]
VERBAL PLA AND AIRBNB ARE NOW RESPONSIBLE ADMITTING CITY HOT TAXES ON BEHALF OF OWNERS AND OPERATORS, BUT OWNERS AND OPERATORS STILL RESPONSIBLE REPORT REVENUE TO AVENUE AND PAY COUNTY HOT TAXES ON A MONTHLY BASIS.ALRIGHTYY, UM, WITH ANY COMMISSIONER QUESTIONS? MANA COMMISSIONER, COMMISSIONER MANNA, THEN UNA.
SO, UM, SO I WAS TRYING TO UNDERSTAND THE A, UM, THE APPLICANT HERE WAS TALKING ABOUT, UM, THAT HE HAD PAID OR WAS MISCATEGORIZED AND WAS PAYING INTO, UM, THE SYSTEM AS A HOTEL AND THEN IF I HEARD CORRECTLY, WAS DIALOGUE WITH REGARDS TO, UH, MONEY'S NOT BEING FORWARDED.
SO WAS THE MONEY SENT BACK TO HIM OR THERE WAS, WAS THE ACCOUNT ACCRUED OR WAS THERE ANY MONEY, YOU KNOW, THAT THE CITY, JUST TRYING TO UNDERSTAND THAT, THAT NOTION OF WHAT WAS STATED THERE IS NOTHING NOTATED, UM, NOTATED ON HIS ACCOUNT AS ANYTHING BEING MOVED OR TRANSFERRED.
WHAT, WHAT I WILL SAY IS WHETHER IT'S A HOTEL OR A SHORT TERM RENTAL, IT GOES INTO THE SAME POT.
UM, WHEN HOTEL OCCUPANCY TAX ACCOUNTS ARE CREATED, ONE OF THE THINGS THAT WE ENTER IN IS CALLED A NAS CODE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM.
THAT JUST HELPS THE FINANCE DEPARTMENT UNDERSTAND IS THIS REVENUE COMING FROM A HOTEL OR IS IT REVENUE COMING FROM AN STR? UM, AVENUE MAY REACH OUT TO CORRECT THAT IF IT'S MISCATEGORIZED, BUT IT GOES INTO THE SAME POT OF MONEY.
AND THEN SECOND QUESTION WITH REGARDS TO, UM, MONIES THAT, SO, SO I KIND OF HEARD A LITTLE BIT MAYBE OPPOSING DIALOGUE HERE.
UM, SO WAS IT THE CASE THAT IT WAS JUST THAT HE WASN'T FILING THE HOT TAX FORMS BUT MONIES WEREN'T DUE BECAUSE HE WAS PAYING THAT AS WELL? OR WAS THERE ALWAYS MONIES DUE? IT WAS ALWAYS MONEY MONIES DUE.
YEAH, SO MY QUESTION IS, UH, IN TERMS OF THE NOTIFICATION, ARE YOU SAYING YOU WERE NOT GETTING THE NOTIFICATIONS, THE EMAILS OR THE LETTERS THAT WERE SENT OUT TO YOU TO, UM, TELL YOU YOUR ACCOUNT WAS THAT'S DUE? NO, I, I WAS PAYING ON THE OTHER CATEGORY, THE, THE, UH, LISTED AS A HOTEL ACTUALLY, BUT I WAS NOT AWARE AND LIKE IF THAT IS A RIGHT CATEGORY OR NOT.
SO I WAS, I WILL KEEP PAYING THAT.
SO, BUT WERE YOU GETTING MY QUESTION IS THE NOTIFICATIONS, THE LETTERS THAT THE CITY SENT OUT, WERE YOU GETTING THOSE? YEAH, I GET THAT.
THEN I CALLED THE AVENUE AND TO CHANGE THE CATEGORY.
I SIR, I THINK WHAT THE ISSUE HERE IS IS THAT IT'S NO ONE'S QUESTIONING WHETHER YOU PUT MONEY IN ONE CATEGORY OR ANOTHER.
ASIDE FROM THAT AND COMPLETELY INDEPENDENT OF THAT, YOU ARE REQUIRED TO MONTHLY GO ONLINE AND TELL THE CITY YOU KNOW, YOUR ACTIVITY AND THAT'S WHAT'S NOT BEING DONE.
SO WHEN YOU RECEIVE THOSE LETTERS, THOSE LETTERS SHOULD TELL YOU THAT YOU'RE SUPPOSED TO GET ONLINE AND MAKE THESE FILINGS, WHICH HAS NOTHING TO DO WITH ANYBODY COLLECTING TAXES OR PAYING TAXES ON YOUR BEHALF COMPLETELY SEPARATE.
AND I, AND, AND SO I'M I'M TRYING TO FIGURE OUT LIKE, DO, DO YOU KNOW THAT YEAH, WE, WE KNOW THAT IN, IN JULY YEAH, WE GET THAT LETTERS AND THEN ONLY WE START, UH, FIXING THE THINGS LIKE WHY, WHY WE ARE GETTING THOSE LETTERS.
SO WE WERE PAYING, ACTUALLY WE WERE PAYING ON THE WRONG CATEGORY.
WE WERE IN THE ASSUMPTION IT'S NOT ABOUT PAYING, THIS IS ABOUT FILING TWO DIFFERENT, THE FILING, THE TEXT, FILING THE RETURNS OVER THERE IN THE PORTAL, THE, THE REPORTS ON YES.
SO, SO YOU, YOU HAVE GOTTEN ONLINE AND FILED THE REPORTS? YES.
WHEN WE GO ONLINE AND PUT IN THE, UH, THERE IS AN OPTION CALLED FILING A REPORT AND THERE IS A CATEGORY OVER THERE.
SO WE WERE DOING AN ACTUAL, A HOTEL CATEGORY AND I WAS IN THE IMPRESSION LIKE, WE ARE DOING IT AND THEN WE GET THE LETTERS LIKE, LIKE FROM THE, FROM YOUR SIDE, LIKE WE ARE NOT DOING THE RIGHT CATEGORY.
THEN WE FIXED THE CATEGORY AND THEN WE WERE THINKING LIKE, OKAY, WE FIXED THAT CATEGORY BECAUSE WE ALREADY PAID FOR THOSE MONTHS.
AND THEN IT MAY BE IT, IT IS ALREADY IN THE SAME PORTAL, IT GO OVER ONE TO THE SAME CATEGORY.
SO FOR THE LAST 12 MONTHS, HAVE YOU GONE ONLINE 12 DIFFERENT TIMES AND FILED 12 DIFFERENT REPORTS EVERY TWO MONTHS? WE DO THAT EVERY TWO MONTHS.
AND STAFF YOU DO YOU HAVE RECORD THAT THEY'RE DOING SOME ACTIVITY EVERY TWO MONTHS OR ATTEMPTING TO, SO YEAH, I, I WILL SAY THAT GOING BACK, UH, TO OCTOBER OF 2024, UH, THERE WAS REPORTING IN DECEMBER OF 24, APRIL OF 25 AND THEN FOLLOWING THE PERMIT BEING REVOKED, HE REPORTED AND PAID IN AUGUST FOR, UH, YEAH, THAT'S, UH, MAY, JUNE AND JULY WERE MADE IN AUGUST.
SO ACROSS APPROXIMATELY 14 MONTHS THERE HAVE BEEN FOUR DAYS THAT THEY MADE REPORTS.
SO IT WAS NOT OCCURRING MONTHLY.
ANY OTHER COMMISSIONER QUESTIONS? DEAN? COMMISSIONER, DEAN.
[00:30:01]
SO IT SAYS UNIT 2 85, IT IS THIS CONDO OR IT IT'S AN APARTMENT.IT'S AN APARTMENT AND YOU CAN, DOES YOUR APARTMENT ALLOW THIS TYPE OF ACTIVITY? YES SIR.
TO DO SHORT TERM RENTALS AS A YES.
SO I, WHILE APPLYING FOR THE, UH, LICENSE, WE SUBMIT THAT LETTER FROM THE UH, PERMIT FROM THE APPROVAL LETTER FROM THE SOCIETY, FROM THE COMMUNITY.
DO DO YOU HAVE THAT TODAY? DO YOU HAVE THAT EVIDENCE TODAY? NO, I SUBMITTED AT THE TIME OF LICENSE APPLYING THE LICENSE.
AND THEN TODD, IF I MAY, UM, GO AHEAD.
CITY STAFF OVER HERE, WE DO HAVE WRITTEN PERMISSION FROM THE APARTMENT TO OPERATE THE UNIT AS AN STR.
WE, WE REQUIRE, UM, SOMETHING IN WRITING FROM THE PROPERTY MANAGEMENT ASSOCIATION, WHICH WE RECEIVED OR IT HAS TO BE EXPRESSLY AUTHORIZED IN THE LEASE.
UH, AND THEN ALSO, OH APOLOGIZE, UM, TYPE TWO.
NOW THAT REQUIRES HE DOESN'T HAVE TO BE THERE GENERALLY OR I'M JUST, UH, THAT THAT'S CORRECT.
TYPE TWO IS NON-OWNER OCCUPIED, SO ENTIRELY DEDICATED TOWARDS A SHORT TERM RENTAL.
ALRIGHT, THAT'S NO FURTHER QUESTIONS.
I DON'T THINK THERE'S ANY VOICEMAILS ANYONE'S UNDER TO SPEAK.
ALL A COMMENT ALL, SO THANK YOU VERY MUCH.
WE'RE GOING LOOK FOR MOTION, MOTION ON THIS.
WHO WOULD LIKE TO MAKE A MOTION? MANANA COMMISSIONER MANNA REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 1 8 0.
I MOVE DID THE BOARD ADJUSTMENT GRANT THE APPEAL FOR THE PROPERTY SITUATED AT 6 2 1 5 VIA LACAN, UH, UNIT 2 85? APPLICANT BEING, UH, KO BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR ENFORCING SECTION 1 16 16 OR 16 1 1 1D WHEN REVOKING THE SHORT TERM RENTAL PERMIT AND OF MOTION? I'LL SECOND.
I CAN MEASURE EZ COMMISSIONER MANNA.
SO, YOU KNOW, IF I'M LOOKING STRAIGHT AT, UH, THE DIALOGUE WITH REGARDS TO DID THE CITY MAKE AN ERROR, UM, YOU KNOW, LOOKING AT, UM, I GUESS THE NON-FILING EVERY MONTH AND ONLY GETTING FOUR OVER THE LAST, I THINK I HEARD 16 MONTHS, IT DOES NOT APPEAR TO BE THE CASE THAT, UM, YOU KNOW, THAT, THAT THE APPLICANT WAS MEETING THAT REQUIREMENT.
AND SO BECAUSE OF THAT, I DON'T THINK THAT THE CITY MADE AN ERROR.
SO I WILL NOT BE SUPPORTING THIS MOTION.
COMMISSIONER YEZ, UM, I'LL BE CONTRARY TO COM COMMISSIONER MANIS NON-SUPPORT.
I I THINK THAT THE APPLICANT MUST BE AWARE THAT HE MUST GO EVERY MONTH, NOT WAIT 2, 4, 5 MONTHS TO PAY OR EVEN JUST TO NOTIFY IF PAYMENT WAS DONE.
I, I AGREE WITH, UH, COMMISSIONER MANNA THAT IT WAS NOT AN ERROR BY THE STAFF OR THE CITY.
UH, BUT I CAN UNDERSTAND THE CONFUSION.
UH, WE'VE HEARD OVER AND OVER AGAIN, UH, PEOPLE COMING IN BECAUSE OF THE CHANGES THAT HAVE HAPPENED WITH THE SYSTEMS THAT ARE USED TO, UH, FOR FILING THE TAXES, UH, WITH AVANT AND AIRBNB.
UM, AND I UNDERSTAND THAT, UM, THIS IS A DIFFERENT DENSITY THAN WHAT WE SEE ON BLOCK FACE.
THIS IS A APARTMENT UNIT THAT HAS 325 UNITS.
THEY ARE ALLOWED TO HAVE, UH, MORE AIRBNBS BECAUSE OF THE NUMBER OF UNITS.
UM, SO I'M, I'M GONNA BE IN SUPPORT OF THEM.
THE, THE REQUEST TO ALLOW THEM TO GET THEIR PERMIT.
ANYONE ELSE LIKE TO ADD? I HAVE A COMMISSIONER'S UNIT.
COMMON IN QUESTION IN, IN REGARDS TO LIKE THE NOTIFICATION, DO ALL 320 APARTMENT UNITS GET NOTIFIED OR HOW, HOW DOES NOTIFICATION OCCUR WITH A PROJECT LIKE THIS? ARE YOU TALKING ABOUT NOTIFICATION FOR TODAY'S HEARING WOULD GO TO THE PROPERTY OWNER, NOT TO TAX TO THE OWNERS SO THAT THE TENANTS WOULD NOT HAVE AN OPPORTUNITY TO THAT'S CORRECT.
UM, I, I SEE, WELL, OBVIOUSLY NO OPPOSITION FROM THE, FROM THE LANDLORD ON THIS.
UH, BUT I MEAN, I, I DO CONCUR THAT THERE IS, YOU KNOW, SOME NOTIFICATION ISSUES HERE.
I DON'T SEE AN ERROR, BUT I DON'T THINK THERE'S A DENSITY
[00:35:01]
ISSUE OR AN ISSUE ABOUT THE NEIGHBORHOOD FABRIC IF OPERATING A SHORT TERM RENTAL WITHIN THE UNIT.I DON'T SEE THE SAME ISSUES HERE THAT WE WOULD SEE IN OTHER EITHER DOWNTOWN AREAS OR TOURIST AREAS.
AND I, I DON'T SEE AN ISSUE WITH, UH, THE CITY COLLECTING TAXES HERE FOR THE HOT FOR TO RUN THIS, UM, THIS SHORT TERM RENTAL.
ANYONE ELSE LIKE TO ADD? UH, I'M GONNA CLOSE BY SAYING I'LL BE IN SUPPORT AS WELL.
MOST, MOSTLY BECAUSE IT'S IN LOCK ANDERA, IT'S SURROUNDED BY A LARGE COMMERCIAL SHOPPING CENTER IN FIESTA, TEXAS AND COMPLETELY DIFFERENT THAN OTHER SDRS THAT WE SEE AND THE DENSITY IS LESS THAN 1%.
SO WITH THAT, LET'S HAVE A ROLL CALL VOTE PLEASE.
COMMISSIONER VANNA, I DO NOT SUPPORT THE APPEAL.
COMMISSIONER IBANEZ, I CONCUR.
COMMISSIONER BARRINGTON? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER BRACKMAN? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
COMMISSIONER EZ AND CHAIR ORIAN A AND I CONCUR, BUT THE MOTION DOES FAIL.
I'M SORRY, SIX TO SIX TO FIVE.
UH, SO IF YOU HAVE ANY QUESTIONS REGARDING THAT, UH, PLEASE GET WITH STAFF.
ALL RIGHT, ITEM NUMBER SIX, GOOD AFTERNOON.
ITEM SIX IS CASE NUMBER BO A DASH TWO FIVE DASH 1 0 3 0 0 1 5 7.
THE ADDRESS BEING 1206 AND 1200 WEST AVENUE IN COUNCIL DISTRICT ONE.
THE APPLICANT IS CALVIN AND ISANO.
THIS IS, UH, THIS IS A REQUEST FOR A VARIANCE FROM THE FENCE MATERIAL STANDARDS TO ALLOW FOR A CORRUGATED METAL FENCE AND TWO, A TWO FOOT VARIANCE FROM THE MAXIMUM ALLOWABLE EIGHT FOOT REAR YARD FENCE TO ALLOW FOR A 10 FOOT REAR YARD FENCE LIMITED TO THE EAST PROPERTY LINE AND THE NORTH PROPERTY LINE.
THE SUBJECT PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF WEST AVENUE AND SACRAMENTO STREET.
THE ACTIVE USE IS A TIRE SHOP, WHICH WAS REGISTERED AS A LEGAL NON-CONFORMING USE IN AN OH 1.5 BASE ZONING DISTRICT IN AUGUST OF 2025.
CODE ENFORCEMENT STAFF IDENTIFIED THE USE OF AN UNAPPROVED FENCE MATERIAL DURING AN INSPECTION OF THE SITE IN JUNE, 2025.
AND THE SUBJECT FENCE WAS ALSO OBSERVED TO BE 10 FEET TALL.
THE SUBJECT PROPERTY ABUTS AN ALLEY TO THE SIDE, WHICH ALLOWS DEVELOPMENT OF AN EIGHT FOOT FENCE ON THE SIDE AND REAR AND REQUESTS FOR FENCES HIGHER THAN NINE FEET.
FOR A COMMERCIAL ZONE, PROPERTY SHALL REQUIRE A VARIANCE AND NOT A SPECIAL EXCEPTION.
SHOWN HERE IS A SITE PLAN OUTLINED IN BLUE IS THE LOCATION OF THAT FENCE.
UH, THE 10 FOOT FENCE IS LIMITED AGAIN TO THE NORTH AND THE EAST PROPERTY LINE SUBJECT PROPERTY SHOWN HERE AND THE SUBJECT FENCE AND THE SIDE AND REAR YARD.
AGAIN, THAT SAME FENCE IN THAT UH, NORTHEASTERN CORNER OF THE PROPERTY WHERE IT'S ABOUT 10 FEET TALL AND HEIGHT.
AND THAT'S LOOKING SOUTHWARDS.
AND THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FENCE, MATERIAL AND HEIGHT VARIANCES, STAFF RECOMMENDS DENIAL AND BOA DASH 25 DASH 0 3 57 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCE UTILIZES A MATERIAL EXPRESSLY PROHIBITED BY THE CODE AND THE INCREASED FENCE HEIGHT WOULD ALLOW, UH, WOULD SIGNIFICANTLY IMPACT THE ADJACENT PROPERTY'S ACCESS TO LIGHT VISIBILITY AND FREE AIRFLOW.
AND TWO, THE FENCE MATERIAL AND HEIGHT ARE NOT IMPACTED BY ANY CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND WERE CREATED BY THE OWNER OF THE PROPERTY.
EIGHT WERE, UH, RECEIVED IN FAVOR, ZERO IN OPPOSITION.
AND THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
UH, THIS IS A COMMUNITY PETITION PROVIDED BY THE APPLICANT FOR THOSE EIGHT NOTICES OF, UH, SUPPORT.
AND THIS IS THE OPPOSITION RECEIVED FROM THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION AND THIS CONCLUDES STAFF'S PRESENTATION.
OKAY, SO A COUPLE CLARIFICATION ISSUES THAT LOOK LIKE THE NEIGHBORHOOD ASSOCIATION WAS ONLY OPPOSED TO THE TYPE OF MATERIAL AND NOT NECESSARILY THE HEIGHT OF THE FENCE.
UH, I JUST WANTED TO SEE IF THERE WAS ANY OTHER CORRESPONDENCE WHERE THEY WERE OPPOSED TO THE HEIGHT.
UH, THEY, THIS, THIS WAS THE ONLY CORRESPONDENCE THAT WE RECEIVED.
AND THE OTHER QUESTION IS, IS ON THE PICTURE WITHIN THE PRESENTATION, IT SHOWS A DIMENSION FOR THE 10 FOOT FENCE.
IS THAT THE ONLY LOCATION FOR THE 10 FOOT FENCES WITHIN THIS GARAGE AREA? SO THAT'S THE, THAT'S THE HIGHEST POINT.
[00:40:01]
JUST TO THE RIGHT OF THAT, IT'S, GO BACK TO THAT JUST A LITTLE BIT SHORT.SORRY, CAN WE GO BACK TO THAT ONE JUST TO THE RIGHT OF THERE? IT'S JUST A LITTLE BIT SHORTER, BUT THAT'S STILL TALLER THAN NINE FEET.
SO THE PREMISE OF MY QUESTION IS, IS THAT, SO THIS IS A TIRE SHOP THAT HAS A NONCONFORMING USE AND IT WHERE THEY'RE ACTUALLY CONDUCTING THE WORK.
IS THAT PERCEIVED AS A FENCE OR A WALL? THAT'S WHAT I'M TRYING TO FIND OUT.
'CAUSE IF, IF YOU LOOK AT IT AS A WALL, IT'S, IT'S JUST AN INCOMPLETE WALL.
IT'S, THAT COULD BE THE PROBLEM.
THE WALL HAS TO BE WITHIN THE, UH, BUILDING SETBACKS.
NO, I MEAN A, A WALL FOR THE GARAGE.
SO LIKE, YOU KNOW HOW A CARPORT HAS TO BE, YOU CAN'T ENCLOSE IT IN ALL THIS IN MORE THAN TWO SIDES OR SOMETHING.
SO IS THERE, IS THERE IS STAFF LOOKING AT THIS AS TO WHERE IT'S LOOK LOOKED AT AS A FENCE, BUT, AND I'M LOOKING AT IT AS BECAUSE I GOT A MASONRY WALL, THERE'S AS A PLACE WHERE WORK IS CONDUCTED, IT SEEMS DIFFERENT THAN A CARPORT.
IT KIND OF SEEMS LIKE IT'S MORE PART OF A, I THINK IT'S WALL TO THE FACILITY.
PARTIALLY ENCLOSED SHADE STRUCTURE THERE.
I THINK THAT IF I WOULD RECOMMEND, UH, THAT WE PROCEED AS CONSIDERING AN FENCE.
IF WE START TO LOOK AT IT AS UH, WALLS OF A STRUCTURE AND THEN WE'RE GETTING INTO THE ENLARGEMENT DIFFERENCE YEAH.
AND THEN, AND THEN LASTLY, IF THIS BOARD, THEY'RE ALLOWED TO HAVE UP TO EIGHT FEET.
SO IF WE DON'T APPROVE THE HEIGHT PART OF IT IS THERE IS THE ONLY, UH, FENCE THAT'S, THAT'S IN VIOLATION IS THE ONE THAT IS ENCAPSULATING THIS WORK AREA? THAT'S CORRECT, YES.
AND IT WOULD BE ALLOWED TO BE UP TO EIGHT, EIGHT FEET BECAUSE THEY'RE ADJACENT TO THAT ALLEY THERE IN THE SIDE AND REAR YARD.
IT'S UH, THE MATERIAL AND GOING BEYOND THE EIGHT FEET, THAT'S THE TWO ISSUES PRESENTED.
ANY STAFF QUESTIONS? I MEAN, NOT STAFF.
ANY COMMISSIONER QUESTIONS BEFORE WE MOVE ON? I, I DO WANT TO UH, YES SAY AS WELL FOR THE BOARD'S CONSIDERATION THAT ANY FENCE IN EXCESS OF EIGHT FEET, EVEN IF IT IS APPROVED BY THE BOARD, IS GOING TO BE, UH, REQUIRED TO HAVE ENGINEERING SUBMITTED WITH IT TO SHOW THAT IT CAN SUSTAIN THE WIND LOAD ON THAT FENCE.
LET THE APPLICANT COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR FENCE.
UH, MY NAME IS CALVIN MEDRANO.
UH, WE ARE HERE TO ASK FOR LENIENCY ON THIS FENCE.
UM, SO WHAT I DID WAS JUST REPLACE THE OUTSIDE FENCE WITH WHAT WAS ALREADY THERE.
IT WAS ALREADY EXISTING, IT WAS JUST SHORTER.
I MADE IT A LITTLE HIGHER SO THAT WE CAN HAVE A LITTLE SECURITY IN THE AREA AS PEOPLE ARE WALKING BY BACK AND FORTH.
A LOT OF HOMELESS PEOPLE, UH, DO WALK BY THERE AND, UM, YOU KNOW, IT WAS KIND OF SHORT TO WHERE THEY CAN PEEK OVER.
SO, UM, I DID WANT A LITTLE SECURITY, UH, FOR OUR YARD BACK THERE BECAUSE WE HAVE A LOT OF VALUABLE STUFF BACK THERE.
SO, UM, THAT WAS THE ONLY THING THAT I REPLACED ALL THAT WAS ALREADY THERE.
MY WIFE AND I DID TAKE OVER FROM, UH, MY FATHER-IN-LAW WHO PASSED AWAY IN 2021.
AND, UH, SO ALL THIS WAS ALREADY THERE.
UM, THE ONLY THING WE DID RIGHT THERE WHERE IT SAYS A 10 FEET, WE ADDED A, A BARRIER RIGHT THERE ON THAT, THAT UM, THAT MESH FENCE.
'CAUSE IT GETS PRETTY COLD DURING THE WINTER, SO THEY WE'RE BLOCKING THE WIND WITH THAT.
THAT COULD BE TAKEN OFF IF IT NEEDS TO.
UM, BUT THE EXTERIOR FENCE THAT GOES ALONG SACRAMENTO ROAD, UM, THAT I DID REPLACE, WE DID A, UM, PURCHASE THE BUILDING THAT'S ADJACENT TO OURS.
UH, THE, THE SIDE WHERE IT SAYS AUTO REPAIR, WE PURCHASED THAT RECENTLY.
SO THE BACK FENCE TO THAT PART RIGHT THERE WAS REALLY WHAT WE ADDED TO THE, TO THE WHOLE STRUCTURE.
UM, RIGHT THERE WHERE IT SAYS THE, UM, THE, UH, THE LITTLE SIGN RIGHT THERE.
UM, BUT OTHER THAN THAT, I MEAN, I JUST WANTED TO MAKE IT LOOK A LITTLE NICER THAN WHAT IT ALREADY WAS.
SO, QUICK QUESTION, WAS IT CORRUGATED METAL WHEN YOU RE YES SIR.
AND STAFF? UH, IF THE FENCE, IS THERE A DATE IF THAT CORRUGATED ME FENCE, UH, PRE-DATED A CERTAIN DATE OR IT WOULDN'T HAVE BEEN IN CONFLICT WITH THE CODE? IS IT LIKE 87 OR THE 2001 UDC OR SOMETHING? USUALLY IF IT'S, IF WE CAN SEE THAT IT WAS THERE BY THE, THE CONVERSION MM-HMM
UM, AND THERE'S NO ADDITION OR REPLACING, WE, WE USUALLY DON'T REQUIRE THEM TO COME TO THE BOARD OF ADJUSTMENT, HOWEVER, THERE'S NOTHING IN THE UD SEAT.
AND THEN THE QUESTION FOR YOU IS, UH, OR ACTUALLY IT'LL STICK WITH STAFF.
IF YOU REPLACE 25% OR LESS OF AN EXISTING FENCE THAT'S CONSIDERED NON-CONFORMING, DOES IT CHANGE ANY OF YOUR NON-CONFORMING STATUS? BECAUSE, YOU KNOW HOW 25% IS THAT MAGIC NUMBER? HOW DOES THAT LOOK? 'CAUSE I'M GONNA ABOUT TO ASK THE APPLICANT IF, IF THE, THE FENCE THAT HE REPLACED WAS AN EXCESS OF 25% OF THIS EXISTING FENCE.
SO FOR NON-RESIDENTIAL IT'S 50% OF THE, UM, STRUCTURE.
SO IF WE'RE JUST TALKING ABOUT THE FENCE, IT WOULD BE 50% OF THE FENCE.
DID YOU REPLACE OR ALTER MORE THAN 50% OF THE
[00:45:01]
FENCE? NO SIR.DO YOU HAVE ANY PICTURES OR ANYTHING? IT'S RIGHT THERE.
UM, IF YOU GO BACK TO THE LAST ONE, HISTORICAL PICTURES.
THE ONLY THING HISTORICAL, I DON'T HAVE ANY HISTORICAL PICTURES BECAUSE, BECAUSE HERE'S WHAT HAPPENS.
UH, IF YOU, FROM WHAT I'VE, AND STAFF, PLEASE CORRECT ME IF I'M WRONG, BUT IF YOU REPLACE LESS THAN 50% OF YOUR FENCE MM-HMM
AND YOU DID NOT EXCEED EIGHT FEET IN HEIGHT THERE, YOU COULD THEORETICALLY STILL BE ACCEPTABLE UNDER THE NONCONFORMING USE.
UH, THE FENCE THAT IS OVER EIGHT FEET IS SOMETHING THAT WE WOULD HAVE TO ENTERTAIN.
'CAUSE YOU DID ADMIT THAT YOU DID REPLACE IT TALLER.
WELL THE ONLY THING THAT WE REPLACED OR PUT WAS THE BARRIER THAT WAS ON TOP.
UM, IT WAS PROBABLY LIKE ABOUT FOUR FEET, MAN.
UM, IT WAS JUST TO COVER THE WIND.
SO THOSE ARE, THOSE ARE JUST ATTACHED TO THAT, THAT SCREEN THAT WELL JUST, WE JUST, THE WAY WE ENTERTAIN IT, WE JUST WANT TO KNOW THAT THERE'S CERTAIN, THE WAY WE WOULD READ A VARIANCE OR HOW WE LOOK AT STUFF.
SO CAN YOU BRING UP GOOGLE DRIVE AND, AND, AND IF CORRECTION, UM, FOR NON-RESIDENTIAL AT 50% OF THE UH, OF VALUE THE RESIDENTIAL FOR THE FOOTPRINT.
SO IN SACRAMENTO STREET? YEAH, IT LOOKS LIKE IT WAS CORRUGATED WAY BACK WHEN.
CLICK BACK TOWARDS THE BACK BACK PROPERTY WHERE THE FENCE IS.
SO IT LOOKS LIKE IT WAS MAYBE SIX FOOT IN HEIGHT.
UM, YEAH, IF HE REPLACED IT AND WENT NO HIGHER THAN EIGHT FOOT AND THE VALUE DIDN'T EXCEED 50% OF THE VALUE OF THE BUILDING, THEN IN THEORY IT WOULD BE OKAY.
IS THAT FENCE AROUND ALONG THE STREET, IS THAT HIGHER THAN EIGHT FEET? THIS ONE, THE ONE THAT EXISTING ALREADY WHAT YOU REPLACED IT WITH? WELL, I BOUGHT EIGHT FOOT PADDLES.
SO THAT ANSWERS THAT QUESTION AND I CUT IT TO LEVEL IT OFF.
SO I JUST WANT, THE REASON WHY I'M ASKING IS 'CAUSE IF THIS VARIANCE DOES NOT PASS TODAY, THEN IT LOOKS LIKE YOU MIGHT ONLY HAVE TO REMOVE THE PART WITHIN YOUR GARAGE PART AREA.
AND REAL QUICK, UH, JUST TO CLARIFY, OBVIOUSLY WE'RE NOT HERE DETERMINING WHETHER OR NONCONFORMING WOULD BE APPROVED OR DENIED HERE.
UM, BUT A STRUCTURE OR READING, THIS IS A BUILDING, SO IT DOES NOT APPEAR THAT A FENCE WOULD MEET THE DEFINITION TO QUALIFY FOR A NON-CONFORMING.
SO IS THERE, IS IT THEN LIMITED TO 25% OR SOMETHING? I MEAN, YOU, YOU ARE ALLOWED TO REPLACE 25% OF A WITH THE SAME WITHOUT A PERMIT.
BUT YOU ARE THE, THE SECTION THAT IS BEING QUOTED, THE REPLACING 50% OF THE REPLACEMENT VALUE DEALS WITH NON-CONFORMING STRUCTURES AND STRUCTURES ARE DEFINED.
IT STARTS OFF WITH A WALLED AND ROOFED BUILDING THAT'S NOT A FENCE.
SO THAT WOULD, SO THAT, SO THAT'S, AND THIS IS GOOD FOR OUR COMMISSION TO KNOW, IS THAT IF SOMEBODY EVER REPAIRS A FENCE THAT MAY HAVE BEEN NON-CONFORMING, THERE IS NO CON NON-CONFORMING ON A FENCE.
JUST I THINK THAT'S IMPORTANT FOR US.
AND IT'S THE SAME THING AS SOMETIMES THEY BUILD AN ACCESSORY STRUCTURE THAT DOES NOT REQUIRE A PERMIT, BUT IT STILL NEEDS TO BE WITHIN THE SETBACKS AS THAT CONCEPT.
SO DID YOU HAVE A CHANCE TO TALK WITH THE NEIGHBORHOOD ASSOCIATION TO FIND OUT I DID NOT.
YOU KNOW WHAT THEIR DIALOGUE WAS ABOUT IT? NO, SIR.
SO, UM, I I THINK THE BOARD KNOWS WHERE I'M GOING AND SO JUST, YOU KNOW, AND SO MAYBE THAT'S SOMETHING, YOU KNOW, WE EITHER, SO IT IS VERY COMMON FOR THIS COMMISSION TO PUT A LOT OF WEIGHT ONTO THE THOUGHTS OF YOUR NEIGHBORHOOD ASSOCIATION.
UH, WOULD YOU LIKE TO REQUEST A CONTINUANCE TO MEET WITH YOUR NEIGHBORHOOD ASSOCIATION TO FIGURE OUT IF THEY COULD BE IN SUPPORT OF THIS OR NOT? SURE.
I, I BELIEVE MY WIFE HAS TALKED TO THEM BEFORE, UH, NOT FOR THIS, UH, SITUATION, BUT I BELIEVE SHE HAS TALKED TO THEM BEFORE.
WELL, WE'LL LEAVE IT UP TO YOU.
IF YOU WOULD LIKE TO REQUEST A CONTINUANCE, WE'LL BE OPEN TO IT.
IF YOU'D LIKE TO MOVE FORWARD, WE CAN DO THAT AS WELL.
WHICH ONE WOULD YOU LIKE, UH, TO MEET WITH THE NEIGHBORHOOD ASSOCIATION? HOW MUCH TIME WOULD YOU NEED? UH, LIKE A MONTH IS, IS NOVEMBER 3RD GETTING A LITTLE FULL? SO I WOULD RE I WOULD, UM, SUGGEST NOVEMBER 17TH.
UH, NOVEMBER 3RD IS PRETTY FULL.
NOVEMBER 17TH, IS THERE A MOTION TO CONTINUE? IS THERE ANY VOICEMAILS OR ANYONE SIGNED TO SPEAK? NO PUBLIC COMMENT.
UM, UNLESS ANYONE'S OPPOSED, I'M LOOKING FOR A MOTION TO CONTINUE TO NOVEMBER 17TH.
SO MOVED TO CONTINUE TO NOVEMBER 17TH AND I'LL GIVE THE SECOND TO COMMISSIONER BRAGMAN.
UH, WE'LL SEE YOU ON THE 17TH AND WE'RE LOOKING FORWARD TO SEE WHAT
[00:50:01]
YOU HEAR FROM THE NEIGHBOR ASSOCIATION.I'M A PLANNER WITH DEVELOPMENT SERVICES.
UH, THIS CASE IS BO, OA 2 5 1 0 3 0 0 1 7 8.
THE ADDRESS IS 2 0 3 WEST BUCHANAN BOULEVARD.
IT'S IN COUNCIL DISTRICT THREE.
THE APPLICANT IS JESUS TORRES DAY.
THE REQUEST IS A REQUEST FOR OFFENSE, MATERIAL VARIANCE TO ALLOW FOR SHEET ROLL OR CORRUGATED METAL WITH A CAP LIMITED TO THE AS-BUILT PORTION IN THE REAR YARD.
THE ZONING IS C TWO NACD, WHICH IS A COMMERCIAL DISTRICT WITH THE CONDITIONAL USE FOR A AUTO REPAIR SHOP, AND IT'S A NON-ALCOHOLIC SALES DISTRICT.
UH, THE SUBJECT PROPERTY IS LOCATED ALONG WEST BUCHANAN BOULEVARD BETWEEN COMMERCIAL AVENUE AND MOR MORTONVILLE BOULEVARD.
A CODE ENFORCEMENT INVESTIGATION WAS CONDUCTED AND CONCLUDED THAT A FENCE WAS BUILT WITHOUT A PERMIT AND WITH THE PROHIBITED MATERIAL OF CORRUGATED METAL.
THE FENCE IS PART OF A FUTURE AUTO REPAIR DEVELOPMENT THAT WILL HAVE A PRINCIPLE STRUCTURE IN FRONT OF THE CURRENT CORRUGATED METAL FENCE.
AS YOU CAN SEE, THE FUTURE BUILDING IN THE FRONT WITH THE CURRENT AS-BUILT PROPORTION OF THE FENCE IN THE BACK HIGHLIGHTED IN BLUE.
AND IN THE REAR YOU CAN SEE THE CORRUGATED METAL FENCE THAT IS THE SUBJECT PROPERTY WITH THE CORRUGATED METAL FENCE IN THE BACK.
STAFF RECOMMENDS DENIAL AND BO OA 2 5 1 0 3 0 0 1 7 8.
BASED ON THE FOLLOWING FINDINGS OF FACT, SECURITY CAN BE PROVIDED ON THE LOT BY A NON PROHIBITED FENCE MATERIAL.
AND THE USE OF CORRUGATED METAL DOES NOT APPEAR TO PROVIDE ANY ADDED SECURITY.
THE PROPERTY IS A BUDDING SINGLE FAMILY DWELLINGS AND THE INDUSTRIAL LIKE FENCE MATERIAL WOULD ADVERSELY IMPACT THE NEIGHBOR'S LOOKING CHARACTER.
AND THE, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THIS IS THE NOTIFICATION PLAN.
THE HARLANDALE MC NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
ALRIGHT, AND THESE ARE, UH, THE LETTERS IN SUPPORT.
ALRIGHT, SO THE APPLICANT COME FORWARD.
OKAY, UH, PLEASE, UH, IF YOU COULD PLEASE STATE HIS NAME AND GOOD AFTERNOON TO ALL.
UM, I HAVE A BUSINESS TO THE DEALERSHIP.
UH, I SELL I SALES CAR FOR 20 YEARS.
THIS PROPERTY WAS BOUGHT WITH THE INTENTION AT, TO PUT UP A REPAIR SHOP.
AT THE MOMENT, UH, WE PUT UP THAT WE SET UP THE FENCE BECAUSE WE'RE GONNA USE IT AS A CAR STORAGE, NOT FOR REPAIR, BUT TO, TO PUT CARS INSIDE SIDE AND STAYED OVERNIGHT.
IN THE FUTURE, EVENTUALLY THIS WILL BECOME A REPAIR SHOP FOR CARS.
MILITARY, UH, ROBO, UH, MY SHOP IS IN, IN MILITARY AND I HAVE SUFFERED A LOT OF, UH, PROBLEMS WITH THEFT.
THEY, THEY'VE BEEN THEFT, THEY'VE BEEN DIFFERENT KIND OF, WE CAN PROJECT THOSE UP ON THE SCREEN IF HE COULD HAND THOSE OVER TO STAFF.
SO DUE TO THE THEFTS, THEY'VE DECIDED TO PUT THE CARDS INSIDE.
UH, SO PEOPLE CANNOT SEE THEM AND, UH, AVOID THIS KIND OF, UH,
[00:55:01]
CRIMINAL ACTIVITY.I'VE HAD, I'VE RECEIVED SEVERAL NOTIFICATIONS WHERE THE PROPERTIES DIRTY AND UH, HE HAS IT, UH, HE'S CLEANED IT UP.
HE WILL BE TRYING TO COMPLY WITH THE RULES.
SO HE'S RECEIVED THE SIGNATURES OF THE PEOPLE WHO ARE RIGHT NEXT TO HIS PROPERTY AND IT SEEMS LIKE IT'S OKAY.
IT WAS, UM, AND, AND UH, WHAT HE'S LOOKING FOR IS THAT HE GETS A PERMIT TO BE ABLE TO USE THAT PROPERTY.
SO THE METAL FENCE IS, UH, RIGHT NEXT IS NOT RIGHT NEXT TO THE STREET.
AND SO I DON'T BELIEVE THAT, UH, IT, IT DOESN'T, UH, IT DOESN'T LOOK BAD.
I DON'T THINK IT, UH, INTERFERES WITH ANYBODY.
AND IT, AND ALSO THE PROPERTIES THAT ARE RIGHT IN FRONT OF HIS PROPERTY ALSO HAVE METAL FENCES.
UM, A QUICK QUESTION FOR, FOR STAFF.
IT, IT, ONE OF THE PICTURES, IT, IT SHOWS COREY THE VERY LAST PICTURE, UH, AND THE ATTACHMENTS.
IT SHOWS A WHAT APPEARS TO BE A METAL FENCE.
IS THAT, IS THAT THE NEIGHBOR? OKAY, IT'S LIKE GREEN THAT YEAH, THAT WOULD BE THE NEIGHBOR, YES.
UH, THIS IS FOR THE APPLICANT.
UM, IF, COULD WE GO TO THE SITE PLAN? THAT ONE? SO HE SAID THAT THE, THE FENCE WAS, I CAN'T HEAR YOU, BUT YEAH, HE SAID THAT THE FENCE WAS 300 FEET AWAY FROM THE PROPERTY LINE, BUT THIS SITE PLAN SHOWS IT'S RIGHT ON THE PROPERTY LINE.
BU BUCHANAN, UH, STREET HAS A CLOTH, A CLOTH WALL OR FENCE.
SO THE, THE METAL FENCE IS ON THE PROPERTY LINE IN BACK, IS THAT CORRECT? I DON'T KNOW ABOUT YOUR MICROPHONE.
OKAY, SO IT'S, SO YOUR QUESTION IS, I'M SORRY AGAIN.
SO THE, THE FENCE IS ON THE PROPERTY LINE IN BACK, IT'S, IT'S RIGHT ON THE PROPERTY LINE.
THE METAL FENCE IN BACK A PART, A PART OF THE PROPERTY WAS DIVIDED TRUST.
I THINK THE PREMISE OF THE PREMISE OF THE QUESTION IS, IS WHETHER OR NOT THE CORRUGATED METAL FENCE IN THE REAR AND ON THE SIDES, ARE THEY ON THE PROPERTY LINE OR ARE THEY SET INTO THE PROPERTY IN THE BACK PART? THERE'S UH, A FENCE THAT'S RIGHT NEXT ADJACENT TO THE, THE NEIGHBOR RIGHT NEXT TO IT IN THE BACK.
SO THE RESIDENTIAL HOMES ALSO HAVE THEIR OWN FENCE BEHIND YOURS,
[01:00:06]
UHHUH? YES.AND COMMISSIONER QUESTIONS CRUZ.
OKAY, SO I'M LOOKING AT THE PICTURE THAT THEY HAVE RIGHT NOW UP THERE.
UM, HOW HIGH IS THE FENCE RIGHT NOW? AND I THOUGHT HE SAID IT'S ALREADY COVERED.
IS THAT CORRECT OR CAPPED? SEVEN FEET.
IT'S ALREADY CAPPED, CORRECT? YES.
FOR THE REASON BEING, UH, THEY MADE THE FENCE FOR SEVEN FEET TALL, SO THE CARS WILL, YOU COULD NOT SEE THE CARS.
AND DOES HE KNOW WHAT, WHAT IF WHAT THE NEXT, THE PROPERTY ACROSS THE STREET, WHAT IT DOES.
'CAUSE THEY HAVE A FENCE JUST ALMOST LIKE IT.
SO, SO THE NEIGHBOR RIGHT BEHIND, UH, HIS PROPERTY IS ALSO HAS A METAL FENCE.
THE, ACROSS THE STREET ACROSS BUCHANAN.
SO IT'S A BUSINESS, LIKE A FLEA MARKET AND IT'S GOT ALL METAL.
ANY OTHER QUESTIONS? HAS ANYONE SIGNED UP TO SPEAK OR VOICEMAILS? NO.
PUBLIC COMMENT? YES TO COMMISSIONER MAN.
SO, UM, WITH REGARDS TO SEVEN FOOT, SO WE'RE ELITE, WE'RE ALLOWED TO KIND OF GO THROUGH THAT.
CORRECT? THEY'RE PERMITTED UP TO EIGHT FOOT FENCE SINCE IT'S COMMERCIAL AGAINST RESIDENTIAL.
WITH THAT, IF THERE'S NOTHING ELSE, THANK YOU VERY MUCH.
WAS THERE A CAP? IT WAS RIGHT, YES.
THERE WAS A CAP REGARDING, CAN, CAN YOU HEAR ME? CAN'T HEAR ME.
REGARDING CASE NUMBER BO A DASH 25 DASH 1 0 3 0 0 1 78.
A MOVE TO THE BOARD ADJUSTMENT.
GRANTED REQUEST FOR OFFENSE MATERIAL VARIANCE TO ALLOW FOR SHEET ROLL, SHEET ROLL OR CORRUGATED METAL WITH A CAP LIMITED TO THE AS BILL PORTION IN THE REAR YARD, SITUATED AT 2 0 3 WEST BUCHANAN BOULEVARD.
APPLICANT BEING JESUS TO DAY, 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 UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS DEFENSE MATERIAL WILL PROVIDE ADDITIONAL SECURITY AND PRIVACY FOR THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE DEFENSE MATERIAL ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AFTER THE APPLICANT WOULD NEED TO DISMANTLE AND REMOVE THE FENCE ON THE PROPERTY AND THEREBY LOSE THE ADDITIONAL SECURITY AND PRIVACY AFFORDED BY THE FENCE.
THREE, BY GRANTING THE VARIANCE OF THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCE OBSERVES THE SPIRIT OF THE ORDINANCE AS THE REQUESTED FUNDS MATERIAL WILL PROVIDE ADDITIONAL SECURITY FOR THE PROPERTY.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE DIS ZONING DISTRICT IN 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 CONFORMITY PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUESTED VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS SIMILAR FENCING CAN BE FOUND ON THE PROPERTY DIRECTLY ACROSS THE STREET.
THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, 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 UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE NEED FOR ADDITIONAL SECURITY, SAFETY AND SECURITY, THE DEFENSE PROVIDES ENDS OF MOTION.
UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION.
I'M PLEASED THAT, UH, THEY'VE ALREADY, UH, PUT A CAP ON THE CORRUGATED MATERIAL.
UM, I UNDERSTAND, UM, FOR SAFETY AND SECURITY REASONS THAT THEY, THEY NEED THAT TYPE OF MATERIAL, UH, TO BLOCK VIEW, UH, 'CAUSE OF THE ISSUES THAT THEY'VE HAD WITH THEIR EXISTING, UH, LOCATION ON, ON MILITARY.
[01:05:01]
UH, COMMISSIONER MANNA.UM, I CONCUR WITH MY COLLEAGUE AND I JUST WANT CLARIFICATION FROM THE CITY.
SO, SO, SO THE ENTIRE FENCE IS ASBUILT.
IT'S ALREADY BUILT, UH, WITH REGARDS TO, AND THAT'S WHAT WE'RE VOTING ON, IS JUST THE AS-BUILT.
ANYONE ELSE LIKE TO ADD HEARING NONE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
COMMISSIONER BOEZ, CHAIR ORIAN AND I CONCUR THE FINES OF FACT.
ITEM NUMBER EIGHT IS BO OA DASH 25 DASH 1 0 3 0 0 180 4 LOCATED AT FIVE 19 WEST HIGHLAND BOULEVARD.
IN CONS, DISTRICT FIVE, THE APPLICANT IS GINA PEREZ AND HE'S REQUESTING ONE A 400 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF 6,000 SQUARE FOOT TO ALLOW DEVELOPMENT ON A 5,600 SQUARE FOOT LOT.
AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDTH TO ALLOW A DEVELOPMENT ON A LOT WIDTH.
THE SUBJECT PROPERTY IS LOCATED WEST OF ROOSEVELT AVENUE ALONG WEST HIGHLAND BOULEVARD WITHIN THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION.
THE PROPERTY IS CURRENTLY A VACANT LOT SINCE THE DEMOLITION IN 2023 OF THE PRE PREVIOUSLY EXISTING RESIDENCE, WHICH SUSTAINED SIGNIFICANT FIRE DAMAGE AT 5,600 SQUARE FEET.
THE LOT SIZE IS BELOW THE 6,000 SQUARE FOOT MINIMUM LOT SIZE REQUIREMENT AND 10 FEET BELOW THE MINIMUM LOT WHICH REQUIREMENT FOR THE R SIX BASED ZONING DISTRICT.
AS A RESULT, VARIANCES FROM THE MINIMUM LOT SIZE AND LOT WITH REQUIREMENTS WERE PREVIOUSLY REQUESTED AND SUBSEQUENTLY APPROVED BY THE BOARD OF ADJUSTMENT ON JUNE 3RD, 2024 TO ENABLE THE REDEVELOPMENT OF THE PROPERTY.
HOWEVER, NO BUILDING PERMITS WERE APPLIED FOR WITHIN THE 12 MONTHS AS SPECIFIED IN A NOTICE OF DECISION LETTER, THEREFORE RENDERING THE VARIANCES INVALID.
CONSEQUENTLY, THE APPLICANT IS REQUESTING ONCE AGAIN LOT SIZE AND LOT WITH VARIANCES TO ALLOW FOR THE REDEVELOPMENT OF THE PROPERTY WITH THE NEW SINGLE FAMILY RESIDENCE.
AND THIS IS THE SITE PLAN WITH THE PROPOSED DIMENSIONS OF THE HOME.
THIS IS THE HISTORICAL VIEW FROM OCTOBER, 2007.
YOU CAN SEE THAT THERE WAS PREVIOUSLY AN EXISTING SINGLE FAMILY HOME AS WELL AS IN JANUARY, 2022.
AND THIS IS THE CURRENT VIEW OF THE PROPERTY.
THIS HOME ADJACENT ON THE EAST IS A HOME THAT THE APPLICANT HAS ALSO RENOVATED AND RESTORED.
AND THE AESTHETIC WILL BE SIMILAR FOR THE NEW UM, BUILDING.
AND THIS IS THE SURROUNDING AREA.
STAFF'S RECOMMENDATION FOR THE MINIMUM LOT SIZE AND LOT WIDTH IS APPROVAL IN BO OA DASH 25 DASH 0 3 0 0 180 4.
BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE REQUEST AND VARIANCES WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD AS IT'LL REVIVE AND MAINTAIN THE AESTHETIC OF THE NEIGHBORHOOD BLOCK PHASE.
AND TWO, THE PROPERTY WILL ABIDE BY ALL OTHER LOT DEVELOPMENT STANDARDS OF THE R SIX ZONING DISTRICT.
WE RECEIVED SEVEN IN SUPPORT, ZERO IN OPPOSITION.
ACTUALLY, IT'S UM, YES, SEVEN, NO, EIGHT, SORRY, THAT SHOULD BE EIGHT.
UM, NO RESPONSE FROM THE ROOSEVELT PARK, UM, FROM NEIGHBORHOOD ASSOCIATION.
AND THESE ARE THE RECEIPTS OF SUPPORT AND OPPOSITION.
WERE THERE ANY VOICEMAILS OR ANYONE SIGNED TO SPEAK ON THIS? NO.
I HATE, I I KNOW I DON'T LIKE TO DO THIS.
IS THERE ANY COMMISSIONERS HAVE, HAVE TAKEN ANY ISSUE WITH THIS? NO.
DOES ANYBODY WANNA MAKE A MOTION NOW JUST TO MOVE THIS ALONG? I WILL.
COMMISSIONER EZ, JUST A MOTION REGARD REGARDING CASE NUMBER REGARDING CASE NUMBER BO A 25 1 0 3 0 0 180 4.
I MOVE THAT THE BOARD OF ADJUSTMENTS, UH, GRANT A REQUEST.
[01:10:01]
FOR ONE, A 400 SQUARE FOOT VARIANCE FROM THE MINIMUM LOT SIZE REQUIREMENT OF FI OF 6,000 SQUARE FEET TO ALLOW DEVELOPMENT ON A 5,600 SQUARE FOOT LOT.AND TWO, A 10 FOOT VARIANCE FROM THE MINIMUM 50 FOOT LOT WIDTH TO ALLOW A DEVELOPMENT ON A LOT WITH A 40 FEET WIDTH SITUATED AT FIVE 19 WEST HIGHLAND BOULEVARD.
APPLICANT BEING GINO BETIS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTERESTS.
THE APPLICANT INTENDS TO ABIDE BY ALL OTHER DEVELOPMENT STANDARDS INCLUDING MINIMUM SETBACK REQUIREMENTS TO ENSURE ADEQUATE SEPARATION BETWEEN STRUCTURES.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PREVENT REASONABLE DEVELOPMENT OF THE PROPERTY CONSISTENT WITH THE SURROUNDING AREA, DESPITE THE PROPOSED HOME COMPLYING WITH THE MINIMUM SETBACK REQUIREMENTS BY GRANTING NUMBER THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
ADEQUATE SEPARATION BETWEEN PROPERTIES WILL BE MAINTAINED REGARDLESS OF THE SUBSTANDARD LOT SIZE AND WIDTH.
THE APPLICANT INTENDS TO OBSERVE ALL THE REQUIREMENTS OF R SIX ZONING DISTRICT FOUR.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE LOT DIMENSIONS ARE REASONABLY SIZED TO DEVELOP THE PROPOSED SINGLE FAMILY HOME WHILE MAINTAINING ADEQUATE SEPARATION FROM ADJACENT PROPERTIES FOR THE PURPOSES OF MAINTENANCE ACCESS, WATER RUNOFF AND FIRE SAFETY.
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.
STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES ARE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE NARROW WIDTH OF THE LOT LIMITS THE ABILITY TO COMPLY WITH A MINIMUM LOT SIZE REQUIREMENT BY THE R SIX ZONING DISTRICT.
ALL RIGHT, IS THERE A SECOND? SECOND.
UM, I AGREE WITH THE FINDINGS OF THE STAFF, UH, FOR APPROVING UH, THIS CASE.
UH, IT'S MEETING ALL OF THE MINIMUM SETBACKS, UH, FOR THIS NEW HOUSING ON A, UH, VACANT LOT.
THIS NEIGHBORHOOD IS THE ROOSEVELT NEIGHBORHOOD AND THERE'S QUITE A FEW, UM, VACANT LOTS IN THIS NEIGHBORHOOD.
SO IT'S REALLY WONDERFUL TO SEE THAT UH, SOMEONE IS GOING TO BE BUILDING A SINGLE FAMILY HOME ON ONE.
SO THERE'S BE ONE LESS VACANT LOT IN THE ROOSEVELT NEIGHBORHOOD.
ALRIGHT, THANK YOU COMMISSIONER CRUZ? UM, YES, I AGREE WITH HER.
UH, I DON'T SEE A PROBLEM WITH IT, ESPECIALLY SINCE HE DOES HAVE QUITE A BIT OF SUPPORT FROM THE NE NEIGHBORS EVEN THOUGH THE NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
BUT I THINK THAT WILL BE A GOOD, UH, FUNCTION FOR THAT AREA.
IS THERE A PROPOSAL IN THE POT FOR THE REVISION OF THE UDC TO ALLOW FOR ADMINISTRATIVE VARIANCE IN CASES LIKE THIS? I THINK WE TALKED ABOUT THAT ONE TIME.
YEAH, WE HAVE THAT IN OUR PROPOSED, UH, SUGGESTED UDC AMENDMENTS, UM, FOR 28 27.
I'LL BE BRINGING THAT UP AS WELL.
ANYONE ELSE HERE NOW HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS AND FACTS.
[01:15:01]
CONCUR.COMMISSIONER BARRINGTON? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ THUMBS UP.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
COMMISSIONER EZ THUMBS UP AND CHAIR ORIAN AND I CONCUR THE FINES OF FACT.
UM, YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? SO ITEM NINE WAS CONTINUED LEAVING ONLY ITEM 10, WHICH I WILL BE RECUSING MYSELF.
AND, UM, TURNING THE REINS OVER TO UH, VICE CHAIR OZUNA.
ALRIGHT, STEPH, YOU READY? THE TIME IS, UH, TEN SIX.
SENATOR CHAIR DONALD HAS RECUSED HIMSELF.
ALRIGHT, ITEM 10 IS CASE BO A DASH 25 DASH 0 3 180 7.
THE ADDRESS IS 30 38 EISENHOWER ROAD IN COUNCIL DISTRICT 10, THE APPLICANT BEING STEPHEN G. COOK ENGINEERING INCORPORATED.
THIS IS A REQUEST FOR A 145 FOOT VARIANCE FROM THE MAXIMUM ALLOWABLE 90 FOOT FRONT SETBACK TO ALLOW A STRUCTURE WITHIN 235 FEET, UH, EXCUSE ME, WITH A 235 FEET FRONT SETBACK AND TO A 30 FOOT VARIANCE FROM THE MINIMUM REQUIRED 40 FOOT REAR SETBACK TO ALLOW A STRUCTURE WITH A 10 FOOT REAR SETBACK.
THE SUBJECT PROPERTY IS GENERALLY LOCATED BETWEEN NORTH VANDIVER DRIVE AND RAINBOW DRIVE ALONG EISENHOWER ROAD.
THE ASYMMETRICAL SHAPED LOT IS SURROUNDED BY ESTABLISHED RESIDENCES AND APARTMENT COMPLEXES.
UH, THE APPLICANT IS REQUESTING RELIEF FROM THE MAXIMUM FRONT SETBACK AND MINIMUM REAR SETBACK REQUIREMENTS OF THE BASE ZONING DISTRICT TO ESTABLISH A NEW MULTIFAMILY USE.
ULTIMATELY, THE APPLICANT INTENDS TO UTILIZE THIS COMPLEX AS A SUPPORTIVE HOUSING CAMPUS AND A REQUEST FOR A SPECIFIC USE AUTHORIZATION BY THE CHANGE OF ZONING PROCESS IS CURRENTLY UNDER REVIEW.
AS THE BASE ZONING DISTRICT IS NOT PROPOSED TO CHANGE, THE BOARD MAY CONSIDER THE VARIANCE REQUEST AS PROPOSED.
THE MF 33 BASE ZONING DISTRICT HAS A 10 FOOT REAR SETBACK NORMALLY, HOWEVER, WHEN ADJOINING A PLATTED SUBDIVISION ZONE FOR SINGLE FAMILY RESIDENTIAL USE, AS IN THIS CASE, THE REAR SETBACK INCREASES TO A MINIMUM REAR SETBACK OF 40 FEET.
SHOWN HERE IS A SITE PLAN OF THE DEVELOPMENT ITEM.
NUMBER ONE IS THAT INCREASE TO THE MAXIMUM FRONT SETBACK BEYOND THE 90 FEET.
AND ITEM NUMBER TWO IS THE REDUCTION OF THE MINIMUM REQUIRED REAR SETBACK.
SHOWN HERE IS THE SUBJECT PROPERTY AND THE CURRENT ACCESS TO THAT PROPERTY AND THE SURROUNDING AREA OFF OF EISENHOWER ROAD.
SO STAFF RECOMMENDATION FOR THE FRONT AND REAR SETBACK VARIANCES.
STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 3 180 7 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPOSED REAR SETBACK WOULD PROVIDE ADEQUATE SEPARATION BETWEEN STRUCTURES AND WOULD NOT CREATE A SUBSTANTIAL LOSS OF LIGHT VISIBILITY OR AIRFLOW FOR ADJACENT PROPERTIES.
AND TWO, THE PROPOSED FRONT SETBACK WOULD NOT SIGNIFICANTLY DISRUPT THE CHARACTER OF THE EISENHOWER ROAD STREET SCAPE.
STAFF MAILED 85 NOTICES THREE WERE RETURNED IN FAVOR, ZERO IN OPPOSITION, ONE RETURN WITH NO POSITION.
THE OAK PARK, OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION IS IN SUPPORT AND THE WOODBRIDGE CONDOMINIUM ASSOCIATION IS IN SUPPORT.
SHOWN HERE IS THE LETTER FROM THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION IN SUPPORT OF THE REQUEST AND THE RESPONSE FROM THE WOODBRIDGE CONDOMINIUM ASSOCIATION IN SUPPORT OF THE REQUEST.
AND ANOTHER COMMENT IN FAVOR, AND THIS IS THE COMMENT RECEIVED, UH, NO POSITION WAS NOTED, UH, AND CONCERN OVER DRAINAGE WAS EXPRESSED.
THIS CONCLUDES STAFF'S PRESENTATION.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF.
MS. CRUZ, UH, JUST JUST FOR MY, MY CONFIRMING CONFIRMATION, THIS IS AN APARTMENT COMPLEX THAT HE'S TAKING OVER, IS THAT CORRECT? THE PRO, IT'S A NEW DEVELOPMENT.
THE PROPOSED USE IS A SUPPORTIVE HOUSING CON, UH, CAMPUS, UH, WHICH IS NOT CURRENTLY PERMITTED, BUT THEY ARE GOING TO PURSUE A CHANGE OF ZONING TO ALLOW FOR THAT.
AND ALRIGHT, I'LL, I'LL ASK THE APPLICANT.
MR, DO YOU HAVE ANY QUESTION FOR STAFF HEARING? ASK THE PLEASE.
MY NAME IS FAYE HUNTER AND I'M WITH STEVEN G. COOK ENGINEERING.
[01:20:01]
PERFORMING SUBDIVISION PLATTING AND SERVING SERVICES ON THE PROJECT.UM, SO OUR PROJECT IS FOR THE DEVELOPMENT OF A NEW CAMPUS FOR THE NEW CHOICES TREATMENT CENTER, A FACILITY PROVIDING DRUG AND ALCOHOL RECOVERY SERVICES.
THIS FACILITY CURRENTLY OPERATES AT 30 50 EISENHOWER ROAD.
AT THE PROPERTY IMMEDIATELY ABUTTING THE SUBJECT SITE TO THE NORTHEAST.
AND WHILE FUNCTIONING, IT DOES NOT PROVIDE THE SPACE DESIRED FOR ROBUST PROVISION OF SERVICES.
THE PROPOSED SITE WILL OFFER BETTER SIZED FACILITIES AND REAL INTERIOR OPEN SPACE.
SO WHEN THE LAND BECAME AVAILABLE, THE OWNER FELT IT WAS IDEAL TO RELOCATE THE FACILITIES BECAUSE THE TYPE OF USE IS FOR A SUPPORTIVE HOUSING CAMPUS, WHICH REQUIRES A SPECIAL USE PERMANENT IN ALL CIRCUMSTANCES.
WE ALSO HAVE A CHANGE OF ZONING APPLICATION FOR A SPECIAL USE PERMIT UNDER ZONING CASE Z DASH 2 25 DASH 0 7 2 3 3.
WE HAVE TWO VARIANCES, UH, BEING REQUESTED.
NUMBER ONE IS RELIEF FROM THE 90 FOOT MAXIMUM BUILDING SETBACK FROM EISENHOWER ROAD.
LOTS ZONED MF DASH 33 THAT HAVE OVER 100 FOOT 100 FEET OF FRONTAGE.
AND NUMBER TWO IS PREEMPTIVE RELIEF FROM THE 40 FOOT REAR SETBACK FOR LOTS ZONED MF DASH 33.
THAT ABUT A PLATTED SINGLE FAMILY USE.
SO THIS REQUEST IS TECHNICALLY NOT REQUIRED FOR OUR DEVELOPMENT AS THE SINGLE FAMILY HOME PARCEL OF BUDDING.
OUR PROJECT IS NOT PLATTED, UM, BUT WE WANT TO MEET THE REQUIRED 10 FOOT, UH, SETBACK.
AND WE'D LIKE TO HAVE A PREEMPTIVE VARIANCE IN CASE THIS LOT EVER DOES BECOME PLATTED, UM, TO AVOID FUTURE NONCONFORMING USE CONDITIONS.
UM, I'D LIKE TO ASK STAFF TO BRING UP THE SITE PLAN THAT I SENT OVER THIS MORNING 'CAUSE I HAD MARK HIPS ON IT.
UM, YEAH, AND IF YOU COULD JUST ZOOM IN A LITTLE BIT ON THE SITE.
SO AS YOU CAN SEE, THIS SITE IS VERY ODDLY SHAPED AND OUR FRONT DIG ALONG EISENHOWER ROAD IS PRIMARILY A NATURAL CHANNEL THAT CARRIES STORMWATER RUNOFF FROM THE FROM ACROSS EISENHOWER AND COLLECTS RUNOFF FROM THE EAST.
UM, WE'RE CURRENTLY PLATTING THIS PROPERTY AS ONE LOT AS THIS SIZABLE AREA WILL BE REQUIRED TO BE DEDICATED AS A DRAINAGE EASEMENT AND THEREFORE MAKES THIS PORTION OF THE LOT UNBUILDABLE UNTIL ABOUT 235 FEET FROM EISENHOWER ROAD.
SO THIS AREA RIGHT HERE IS THE DRAINAGE EASEMENT I'M TALKING ABOUT LIKE THIS IS A, A HUGE DRAINAGE CHANNEL.
SO AS FOR THE SECOND VARIANCE BEING REQUESTED, THE MF DASH 33 ZONING DISTRICT HAS A 10 FOOT REAR SETBACK, WHICH BECOMES A 40 FOOT REAR SETBACK WHEN ABUTTING A PLATTED SINGLE FAMILY ZONING DISTRICT.
UM, DOWN HERE YOU CAN SEE THAT THIS IS UN PLATTED.
SO THE 10 FOOT WORKS NOW, BUT AGAIN, WE'RE PREEMPTIVELY ASKING FOR THE 40 FOOT IN CASE IT BECOMES PLATTED IN THE FUTURE.
UM, SO TECHNICALLY WE HAVE THREE REAR PROPERTY LINES BECAUSE OF THE UNIQUE SHAPE OF OUR LOT.
SO UP HERE, UH, THIS IS A REAR PROPERTY LINE, BUT AS YOU CAN SEE THERE'S ONLY A 20 FOOT STRIP HERE, SO THIS IS PRETTY UNUSABLE.
UM, DOWN HERE IS OUR MAIN CONCERN.
THIS L-SHAPED BUILDING WILL BE THE RESIDENTIAL AREA.
SO THIS IS WHERE WE'RE ASKING FOR THAT PREEMPTIVE VARIANCE.
AND THEN DOWN HERE WE HAVE MET THE PREEMPTIVE 40 FOOT VARIANCE OR 40 FOOT SETBACK, UM, FOR THIS REAR SETBACK OR REAR PROPERTY LINE.
SO, UM, LET'S SEE, THE CENTRAL PROPERTY LINE WHERE THE LOT OFFERS THE MOST USABLE SPACE, WHICH AGAIN IS RIGHT HERE.
UM, IF WE WERE TO RELOCATE THE L-SHAPED BUILDING SHOWN ON THE SITE PLAN, IT WOULD COMPROMISE THE SECLUDED OPEN SPACE WE WANT IN THE SITTER OF THE FACILITY.
AND THE FIRETRUCK TURNAROUND, WHICH IS RIGHT HERE, UM, FURTHER DUE TO THE EXISTING SITE GRADES, THIS L-SHAPED BUILDING WILL DROP APPROXIMATELY FIVE FEET, UH, AND HAVE A RETAINING WALL ALONG THE REAR PROPERTY LINES.
SO IT WILL APPEAR LOWER THAN A TWO STORY STRUCTURE TO THE NEIGHBORING PROPERTY.
UM, AND ADDITIONALLY IT'S NOT A TYPICAL APARTMENT BUILDING, SO IT'S NOT GONNA HAVE LIKE, UH, BALCONIES THAT WOULD BE FACING THE RESIDENTIAL AREA.
SO, UM, AS MENTIONED BY CITY STAFF, WE HAVE REACHED OUT TO OAK PARK, NORTHWOOD NEIGHBORHOOD ASSOCIATION AND WOODBRIDGE, AND WE WALKED THE SITE WITH OAK BRIDGE AND, UH, OAK PARK AND THEY RECOMMENDED APPROVAL.
UM, PLEASE LET ME KNOW IF YOU HAVE ANY QUESTIONS.
UH, LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT.
[01:25:01]
MS. CRUZ.SO, UM, HOW MANY RESIDENTS A APARTMENTS ARE YOU THINKING OF MAKING THERE? I SEE THE ADMIN BUILDING AND I UNDERSTAND THAT ONE.
AND OF COURSE THE DINING ROOM.
SO HOW MANY PATIENT ROOMS ARE YOU ALL THINKING OF MAKING? UH, ABOUT 20 IN THAT L-SHAPED BUILDING.
SO THERE'LL BE ONE ROOM FOR EACH PATIENT, IS THAT CORRECT? MM-HMM
AND AND RIGHT NOW THERE'S NOTHING THERE, CORRECT? CORRECT.
SO, UM, BECAUSE I CAN'T, UNLESS THEY BRING IT UP ON GOOGLE MAP, I AM NOT SURE OF THE AREA.
SO, SO THERE'S, ON OUR PROPOSED SITE PLAN, THERE'S NOT, THERE'S NOTHING THERE CURRENTLY.
UM, HOWEVER, OUR FACILITY IS CURRENTLY OPERATING OUT OF THIS SITE, SO WE'RE JUST LOOKING TO BUILD OVER HERE AND MOVE THE FACILITIES FROM HERE TO HERE JUST SO WE HAVE MORE SPACE.
'CAUSE WE WANT, UM, YOU KNOW, WE WANT THE RESIDENTS TO HAVE, YOU KNOW, THE COURTS AND MORE AREA TO UTILIZE.
IN YOUR CURRENT SPACE, HOW MANY RESIDENTS DO YOU CURRENTLY HAVE? UM, THAT I'M NOT CERTAIN ABOUT BECAUSE, UM, THE OWNER COULDN'T BE HERE.
UNFORTUNATELY, SHE'S OUT OF STATE, BUT I DON'T KNOW HOW MANY SHE CURRENTLY HAS IN THE CURRENT FACILITY, BUT IT WOULDN'T, UM, IT WOULD BE PRETTY SIMILAR.
SO, UM, IF WE BRING UP THE DRAWING AGAIN JUST FOR A SECOND HERE.
SO THE, UM, SO ON THE PROPERTY FOR THE SLOPED SIDE, THERE WE GO.
THIS, THE SLOPE SIDE, UH, THAT, THAT ONLY REQUIRES A 10 FOOT SETBACK SIMPLY BECAUSE IT'S STILL CONSIDERED A SIDE PROPERTY, CORRECT? UM, CORRECT.
AND THEN, AND SO, SO AND TRULY WHAT WE'RE TALKING ABOUT IS THE 40 FOOT, UM, ON THE SOUTH, ON THE, ON THE BOTTOM PART OF THAT L BRACKET, CORRECT? CORRECT.
SO, UM, AND THEN THE NEIGHBORHOOD ASSOCIATION REPRESENTING THE HOUSES, UM, REPRESENTING THOSE, THOSE LOTS SOUTH OF THAT, OR, OR LONG DEL ARE THE, UM, OAK, UM, LET'S SEE, UM, OAK PARK, NORTHWOOD, AND THEY'RE THE ONE OF THE ONES THAT SAID THEY WERE OKAY WITH.
YEAH, SO BOTH THE, BOTH THE NEIGHBORHOOD ASSOCIATIONS.
SO ALL THE BUDDY, WELL, I'M JUST, ALL THE ABUDDING PROPERTIES HAVE SAID THEY WERE FOR IT IS WHERE I WAS GOING.
SO, SO WHEN WE HAD TALKED WITH NORTHWOOD ON SITE, THEY ACTUALLY SAID, YOU KNOW, THEY WERE IN FAVOR OF THIS BECAUSE THEY'VE NEVER HAD ANY ISSUES WITH THE CURRENT FACILITY.
SO, AND, UM, ONE OF THE APPLICANTS, UH, OR ONE OF THE, ONE OF THE CITIZENS THAT, THAT DID RIDE IN TALKED ABOUT, UM, UM, DRAINAGE AND DRAINAGE CHALLENGES.
DO, DO YOU UNDERSTAND WHAT THEY WERE TRYING TO ADDRESS? OR, OR HOW YOU AGGRESSIVELY YEAH, SO, UM, WELL, YOU KNOW, PART OF IT IS THAT HUGE DRAINAGE DITCH IN THE FRONT OF THE PROPERTY, WHICH I MENTIONED WE'RE LIKE DURING PLATTING WE ARE GONNA HAVE TO PUT AN EASEMENT AROUND THAT.
UM, SO THAT'S PART OF THE DRAINAGE, BUT ALL OF THE DRAINAGE COMING ONTO THE SITE, WE'RE ALSO ACCOUNTING FOR BY, UM, WE'RE GONNA HAVE LIKE INLET DRAINS THAT ALL PULL AND DRAIN OFF THE SITE.
SO WE ARE PLANNING FOR CONSIDERABLE DRAINAGE INFRASTRUCTURE.
ANY OTHER QUESTIONS FOR THE APPLICANT? VERY NON STAFFED.
DO WE HAVE ANY VOICEMAIL? UH, TWO VOICEMAILS AND TWO SPEAKERS.
WE'LL PLAY THE, UH, VOICEMAILS FIRST.
THIS IS DEBBIE REED AT 7 0 2 SUMNER DRIVE, SAN ANTONIO, TEXAS 7 8 2 0 9 2 1 0 309 6 8 1.
CALLING IN REGARD TO BOA CASE 1 8 7.
THE QUAKERS CONSULTED ME ON THIS PROJECT, WHICH I AM IN OPPOSITION AS A MEMBER OF THE CITY'S STONE WATER MANAGEMENT ADVISORY BOARD.
WE KNOW THAT EVERY INCREASE IN IMPERVIOUS SURFACE INCREASES FLOODING.
IN SUMMARY, THE ENTIRE SETBACK IS REQUIRED TO MITIGATE FLOODING AND TO PROTECT THE RIGHTS OF ABUTTING PROPERTY OWNERS.
UM, I AM CLERK OF THE PROPERTY COMMITTEE FOR THE DEFENSE MEETING IN SAN ANTONIO AT 7 0 5 2.
UH, VAN DIVER THE NORTH OF THE, OR SORRY, IMMEDIATELY WEST OF THE PROPERTY, UH, CONSIDERING IN CASE NUMBER BOA 2 5 1 0 3 0 0 1 8 7.
UM, WE ARE JUST FINE WITH THE SETBACK ISSUE AND WE'RE FINE WITH THE,
[01:30:01]
UH, TANGENTS IN ZONING.HOWEVER, WE ARE QUITE CONCERNED ABOUT THAT.
THE, UH, PROPOSED PARKING LOT, UH, WILL PRODUCE CONSIDERABLE RUNOFF, PARTICULARLY IN A RAIN.
AND THE WAY THINGS APPEAR FROM THE MAP TO BE SET UP, THE DRAINAGE WILL GO INTO A RATHER LARGE GULLY THAT DOES NOT OCCUR ON THE, IT'S SORT OF ON THE EAST SIDE OF THE PROPERTY IN QUESTION AT THE EAST EDGE EDGE OF IT.
UM, AND IT'S ON THE, WE, UH, THE, SORRY, THE WEST EDGE OF THE, OF THAT END THEN IT'S ON HOUR, HOUR EAST.
UM, AT ANY RATE, WE ARE CONCERNED THAT IT'S PROBABLY BEEN MITIGATABLE, BUT WE WOULD, WE'RE CONCERNED THAT IT WILL UNDERCUT THE CITY.
UM, UH, THE, THE TUBE, THE DRAINAGE TUBE THAT COMES DOWN FROM VAN DIVER AND DUMPS THINGS INTO THAT ESSENTIALLY A CREEK.
UM, WE'RE CONCERNED THAT UNLESS IT IS MITIGATED IN SOME WAY, UH, WE WILL THEN UNDERCUT THE, UH, GOVERNMENT, THE IOWA SIDE OF THE PROPERTY AND CAUSE TREES DEFAULT.
SO, UM, I WANT TO GET THAT IN THE RECORD.
UM, I REACHABLE AT TWO TEN FOUR EIGHT SEVEN ZERO SIX NINE SIX, OR AT PROPERTY@SAQUAKERS.ORG OR S-A-Q-U-A-K-E-R S.ORG.
UM, BUT AS I SAID, WE HAVE NO PROBLEM WITH THE SETBACK AND NO PROBLEM WITH THE CHANGE OF, UH, ZONING, BUT THERE IS, THERE IS A POTENTIAL PROBLEM WITH, UM, UH, THE PROPOSED DRAINAGE.
FIRST ONE IS SPEAKER IS, UH, GORGIE.
HI, MY NAME IS KOGI GABRIEL, AND WE OWN THE PROPERTY AT THREE 19 RAINBOW, WHICH IS, UM, RIGHT THERE, UM, RIGHT IN BACK OF THE DRUG REHAB CENTER.
CAN CAN WE GET, CAN CAN YOU USE THE POINTER? UM, OH, I'M SORRY.
I DON'T KNOW HOW TO USE THIS THING.
OKAY, SO THAT'S OUR PROPERTY RIGHT THERE AT THREE 19.
THE, UM, THE DRUG REHAB CENTER IS RIGHT THERE AND THEY USE PART OF THIS LITTLE STRIP THING, A DRIVEWAY AS A, UM, SMOKING, UM, ENVIRONMENT.
AND MY CONCERN IS THAT RIGHT NOW THEY DON'T HAVE A TALL FENCE.
WE JUST HAVE A, UM, JUST A REGULAR FENCE THERE.
AND WE WANTED TO KNOW THAT WHEN THEY BUILT BACK HERE, IF THEY BUILT BACK THERE, THAT THEY'RE GONNA BE PUTTING UP A TALL EIGHT FOOT FENCE.
BECAUSE RIGHT NOW, EVEN THOUGH THEY HAVE THE, THEIR TENANTS, THE DRUG GREEK HAT PEOPLE, THEY SMOKE BACK THERE.
AND MY TENANTS, I CAN'T REALLY RENT TO A FAMILY BECAUSE OF THEM BEING BACK THERE.
I HAVE GENTLEMEN LIVING THERE RIGHT NOW, WHICH IS FINE, YOU KNOW, BUT THE, UM, THEY HAVE NOT PUT UP A A TO FENCE NOW.
SO MY QUESTION IS, ARE THEY GONNA PUT UP A TO FENCE BEHIND US, YOU KNOW, BECAUSE WE DON'T WANNA SEE ALL THAT.
AND I MEAN, I DON'T LIVE THERE, BUT MY TENANTS LIVE THERE.
AND, UM, AND IF I RENT TO A FAMILY, I CERTAINLY WOULDN'T LIKE THE CHILDREN BEING BACK THERE WITH THE DRUG REHAB PEOPLE IN VIEW.
IS THAT, DID Y'ALL UNDERSTAND? OKAY.
LET'S SEE IF WE HAVE ANY QUESTIONS.
THANK, THANK YOU FOR YOUR TIME HERE.
NEXT SPEAKER IS, UH, RICHARD E AIR HOLDS AIR HOLD.
SHOULD HAVE BROUGHT SOME WATER.
I'VE BEEN THERE ALL DAY RIGHT NOW MY VOICE IS SHOT.
[01:35:02]
I LIVE ON 2 35 RAINBOW, WHICH IS THE ENLO.CAN WE GET, CAN WE GET YOUR NAME FOR THE RECORD PLEASE? RICHARD ERH HOLZ.
I LIVE ON THIS LOT RIGHT HERE ON THE END, AND I HAVE A GARAGE THAT BASICALLY ENDS.
IT'S A TWO STORY THAT'S LIKE A LITTLE HOBBY SHOP.
I'M GETTING READY TO RETIRE IN FOUR MONTHS AND I'VE GOT A BOAT PROJECT AND A CAR PROJECT I'M DOING.
UH, SO I DON'T KNOW IF YOU KNOW ANYTHING ABOUT, UM, THE BUOY APARTMENTS, BUT THEY EVICTED EVERYBODY THERE A FEW YEARS BACK AND THEY CLOSED THE PLACE DOWN AND THE CITY WAS INVOLVED WITH THAT AND THEY DECIDED THEY WERE GONNA BUILD, RESTORE IT OR REBUILD IT.
AND SO THEY SAID THEY WERE GONNA PUT GATES AND ALL THIS STUFF AND WELL, NONE OF THAT EVER HAPPENED.
NOW IT CAUGHT ON FIRE AND I HAD TO ACTUALLY CALL MY CONGRESS OR MY, UH, CITY REPRESENTATIVE, COUNTY REPRESENTATIVE BECAUSE THEY WERE THROWING TRASH OVER MY FENCE.
THEY HAVE A BUILDING THEY'RE PLANNING TO BUILD RIGHT HERE.
I'M NOT SURE WHAT THAT BUILDING IS.
IT LOOKS LIKE IT'S SOME SORT OF A, THIS BUILDING.
I DON'T KNOW WHAT THAT BUILDING IS, IF THAT'S A RESIDENT OR IF WHAT IT IS, BUT MY, MY PROPERTY LINE IS RIGHT THERE.
MY, I HAVE THE ONLY LOT THAT GOES ALL THE WAY TO THE BACK WHERE THE DRAINAGE DITCH IS.
SO THERE'S LIKE A, THERE'S LIKE A SIX FOOT DROP OFF RIGHT ON THIS LINE RIGHT HERE.
AND THAT'S THE CARPORTS FOR VANDIVER APARTMENTS ARE, ARE DOWN RIGHT ON THIS LINE BACK HERE.
AND THAT'S A SIX FOOT DROP, WELL, FIVE FOOT WHATEVER.
THIS IS THE TOP OF THE HILL ON RAINBOW.
AND THE WATER DEFINITELY RUNS DOWNHILL THIS WAY TO THIS LINE.
SO ANYWAY, I HAVE A COUPLE HUNDRED THOUSAND DOLLARS WORTH OF CLASSIC CARS AND A, A GARAGE WITH TOOLS IN IT.
AND I WOULD LIKE AT LEAST AN EIGHT FOOT FENCE ALONG THIS END AND MAYBE THIS SIDE.
AND I KNOW, I THINK YOU LIVE RIGHT NEXT TO ME RIGHT HERE.
THERE'S A LOT OF OVERGROWTH THERE.
I'M, BUT ANYWAY, AM VERY SKEPTICAL THAT THINGS AREN'T GONNA HAPPEN WHEN THEY MOVE THESE PEOPLE OVER BECAUSE OF JUST, YOU KNOW, IF, IF I CAN'T GET IT SECURED ENOUGH TO WHERE I FEEL COMFORTABLE.
THE OTHER ISSUE I HAVE IS THE PARKING LOT.
IF THEY'RE GONNA HAVE LIGHT POLES INSTEAD OF COVERED PARKING.
MY BEDROOM IS RIGHT ABOUT HERE.
AND BASICALLY THERE'S, THERE'S NO, THE HOUSE IS SET BACK QUITE A WAYS IN THE LOT AND THE HOUSE NEXT TO ME IS FAR QUITE A BIT IN FRONT OF MY HOUSE, TOWARDS THE STREET.
SO SIR, YOU'RE, YOU'RE CONCERNED, THIS IS IVANIA OVER HERE.
YOU'RE CONCERNED ABOUT THREE THINGS.
YOU'RE CONCERNED ABOUT THE FLOODING, YOU'RE CONCERNED ABOUT PRIVACY, AND YOU'RE CONCERNED ABOUT THE LIGHT POLLUTION THAT CAN OCCUR ON THAT PROPERTY AND WHERE THE AIR CONDITIONERS ARE GONNA BE AND WHERE THE NOISE, THE NOISE COMING FROM THE, OKAY, SO FOUR THINGS.
SO THAT THE APPLICANT CAN HEAR WHAT YOU'RE CONCERNED ABOUT.
AND THE OTHER, UH, UH, PERSON WHO, WHO SPOKE IS CONCERNED ABOUT PRIVACY AND NOISE AND NOISE, OKAY.
AND SHE'S PROBABLY CONCERNED ABOUT SECURITY ALSO 'CAUSE SECURITY RAINBOW IS A REALLY STRANGE STREET.
IT'S ONLY A BLOCK LONG AND THE BUOY IS THE RIGHT, RIGHT NOW THERE IS THE WHOLE, I'M SURROUNDED, BASICALLY I HAVE THE WHOLE BUOY APARTMENT ALONG THE WHOLE SIDE OF MY PROPERTY.
AND THEN ON THE BACK IS THE VANDIVER APARTMENTS, BUT THEY'RE
[01:40:01]
LONG WAY AWAY.AND, AND THEIR CARPORT IS LIKE SIX FOOT BELOW.
SO I CAN'T EVEN SEE THEIR CARPORT FROM MY YARD.
BUT THE BUOY HAS DETERIORATED INTO A TERRIBLE, TERRIBLE SITUATION.
AND HAS THERE BEEN FLOODING, SIR? UH, RE YOU KNOW, FROM THE LAST RAINS, THE REAL SEVERE RAINS WE HAD HAVE, DID YOU HAVE SEVERE FLOODING AROUND THERE? IT RUNS RIGHT THROUGH IN BETWEEN OUR YARDS.
BASICALLY IT RUNS DOWN AND BEHIND, BESIDE MY HOUSE AND RIGHT STRAIGHT THROUGH.
BUT IT'S NOT, IT'S IN A GOOD SPOT.
SO IT'S ONLY, THAT'S THE BEGINNING OF WHERE THE WATER, I MEAN, WHERE THE WATER RUNS.
I'M NOT THAT CONCERNED ABOUT THE FLOODING PER SE, UNLESS THEY LIKE BUILD BLOCK WHERE THE WIRES CAME, BUILD IT UP AND THEN, AND THEN IT'S GONNA BE A PROBLEM.
ANYWAY, THOSE ARE MY RESERVATIONS.
YOU SEE ANY OTHER QUESTIONS? S ANY OTHER, UH, PUBLIC COMMENT OR, THOSE ARE ALL THE PUBLIC COMMENTS.
UM, BUT IF I JUST CLARIFY WHAT, UM, THEY ARE REQUIRED, UH, TO BUILD A SIX FOOT FENCE, UH, AGAINST THAT NON-RESIDENTIAL TO RESIDENTIAL, UM, LOT, THEY ARE ABLE TO BUILD AN EIGHT FOOT FENCE.
THEY'RE NOT REQUIRED, BUT THEY'RE ABLE TO BUILD AN EIGHT FOOT FENCE WITHOUT THE APPROVAL FOR THE BOARD OF ADJUSTMENT.
AND ALSO DURING THEIR REZONING PROCESS, IF YOU WISH TO MAKE YOUR VOICES HEARD OVER THERE, UH, CITY COUNCIL MAY REQUIRE THEM TO DO AN EIGHT FOOT FENCE WITH THE APPROVED ORDINANCE IF APPROVED.
UM, OR THE SITUATION WITH THE FENCE, UH, SORRY, NOT THE BOARD OF ADJUSTMENT.
SO THE BOARD OF ADJUSTMENT CAN ALLOW THEM, BUT THEY'RE ALREADY ALLOWED.
UM, WOULD THAT IT ALSO INCLUDE, UH, THAT OTHER LITTLE SECTION THAT IS BEHIND THE PROPERTY THAT THEY ALREADY HAVE THE APARTMENTS? IT WOULD BE YES, THAT, THAT LITTLE LANE.
SO THEY'RE REQUIRED TO PUT IT UP AGAINST THE SINGLE FAMILY RESIDENTIAL.
UM, BUT AGAIN, CITY COUNCIL CAN REQUIRE THEM TO PUT IT UP TO EIGHT FOOT FENCE.
AND IT WOULD ONLY BE FOR THE PROPERTY THAT IS THE SUBJECT PROPERTY.
IT WOULD NOT, THEY COULD NOT HAVE ENFORCED.
SO THE PROPERTY, THE EXISTING, NO.
SO THE PROPERTY FOR THE CONCERN OF THE FIRST, UH, PERSON WHO, WHO SPOKE MM-HMM
MS. GABRIEL'S, UH, COULD THEY ALSO INCLUDE THAT FENCE AS WELL? AGAIN, AS MERKO SAID, THEY ARE GONNA BE REQUIRED TO PUT A SIX FOOT SOLID SCREEN FENCE THERE.
SO, UM, AND THAT IS ALONG ANY OF THE PROPERTY THERE, INCLUDING ALONG MS. GABRIEL'S, UM, PROPERTY, UM, THEY COULD POTENTIALLY GO UP TO EIGHT.
IT'S NOT REQUIRED, BUT AGAIN, AS MERKO SAID, IT COULD BE AN ITEM THAT WOULD BE, COULD BE DISCUSSED DURING THE CHANGE OF ZONING.
MS. GABRIEL, SO, UM, CAN YOU COME BACK UP TO THE FRONT FOR A SECOND HERE.
MAKE SURE THAT YOU UNDERSTOOD WHAT WAS BEING SAID THERE.
SO, SO IF, IF YOU, SO THERE'S DIALOGUE HERE WITH REGARDS TO IT'S MANDATORY TO HAVE A SIX FOOT FENCE BEHIND YOUR PROPERTY, RIGHT? OKAY.
AND THEN, UM, IF IT IS THAT THEY BRING THIS CASE BEFORE ZONING, THEN COUNCIL AND, AND YOU ALL COULD RECOMMEND EIGHT FOOT, UM, AND IT WOULD BE AN EIGHT FOOT FENCE IN AT THAT SPOT.
AND SO THEY CAN MAKE THAT MANDATORY.
SO, SO IT'S SOMETHING THAT YOU CAN WORK WITH, YOU KNOW, WITH THE APPLICANT AS WELL AS WITH YOUR CITY COUNCIL SHOULD THIS MOVE FORWARD.
DOES THAT MAKE SENSE? YES SIR.
UM, AND BASICALLY THAT LITTLE DRIVE, THAT LITTLE DRIVEWAY, UM, WE WOULD REALLY ONLY MEET THE FENCE WHERE THEIR PROPERTY ENDS, I MEAN WHERE THE BUILDING ENDS BECAUSE THE REST OF IT IS JUST VACANT.
YEAH, I WOULD LIKE ASK THE APPLICANT TO COME FORWARD AND, AND ADDRESS THAT FENCE ISSUE.
UM, SO I AM NOT CERTAIN ABOUT A FENCE AT THIS POINT.
UM, I'LL HAVE TO CHECK WITH THE ARCHITECT ON THAT PART.
BUT AS FAR AS THIS, UM, THIS SIDE ALONG THE RESIDENTIAL SIDE, SO WE WILL BE PUTTING IN A RETAINING WALL SO WE CAN LOWER THE GRADE, UM, TO KIND OF EVEN THE SITE OUT.
'CAUSE THERE IS A PRETTY DRASTIC GRADE CHANGE AND I KNOW THERE'S A LOT OF CONCERN WITH DRAINAGE AS WELL AND THAT'S WHY WE'RE PUTTING IN, UM, DRAINAGE INFRASTRUCTURE UNDERGROUND WITH INLETS TO CAPTURE ALL OF THE FLOW, NOT ONLY FROM OUR SITE
[01:45:01]
BUT FROM LIKE INCOMING, UM, ONTO OUR SITE.SO TO ASSIST WITH ANY DRAINAGE ISSUES AS WELL.
WELL, BUT I WILL BRING THE CONCERN OF THE FENCE BACK TO THE OWNER AND THE ARCHITECT AND LET THEM KNOW THAT, I MEAN, THE ARCHITECT'S GONNA BE AWARE THAT IT'S MANDATORY TO HAVE THE FENCE.
SO, UM, I'LL LET THEM KNOW THAT, YOU KNOW, BASED ON PUBLIC CONCERN, AN EIGHT FOOT WOULD PROBABLY BE THE BEST COURSE OF ACTION.
ALRIGHT, THANK YOU ANNA, MR. MADAM.
AND SO THE, UM, SO, SO ON THE, UM, BUILDING THAT IS, UH, GOING DOWN THAT SMALL, IT UH, THAT SMALL SECTION AT THE VERY BOTTOM, THEY VERY SOUTH END OF THE PROPERTY.
SO, SO THERE'S, UM, IT LOOKS LIKE A BUILDING AND THEN THE BACKSIDE OF THE BUILDING IS A COURTYARD OR SOMETHING ON THE BACKSIDE.
UM, IT WON'T REALLY BE A COURTYARD, IT'S JUST OPEN SPACE.
OH, SO HE'S TALKING ABOUT THIS AREA DOWN HERE.
UM, PREVIOUSLY WE WERE PLANNING TO HAVE A LONGER BUILDING AND WE WERE GONNA HAVE SOME LIKE BASKETBALL COURTS IN THERE AND IT'S ALSO, UM, JUST OFF OFFICE SPACE TO MEET WITH THE PATIENTS OR THE TENANTS.
AND UM, SO WE'VE, WE'VE JUST SHORTENED THE BUILDING A LITTLE BIT TO I GUESS GIVE THAT ADDITIONAL SPACE FOR THE 40 FEET SETBACK IN CASE THAT EVER BECOME, BECAME PLATTED.
UM, 'CAUSE WE COULD, WE DID HAVE SOME WIGGLE ROOM ON THAT SIDE.
AND THEN, UM, SO I KNOW THAT, UM, AND I DIDN'T GET WHO THE NAME WAS BUT A STORMWATER ADVISORY BOARD.
AND SO THEY TALKED ABOUT, UH, YOU KNOW, THEY WERE RECOMMENDING, UM, AGAINST THIS SIMPLY BECAUSE OF MANAGEMENT OF STORMWATER.
AND SO HAVE YOU WORKED WITH THE STORMWATER, UM, UH, BOARD WITH REGARDS TO MANAGING WATER OR, YOU KNOW, TRYING TO ADDRESS WHAT IS THAT THEY'RE CONCERNED ABOUT? SO THAT WILL BE ADDRESSED DURING PLATTING.
SO WE HAVE KIND OF PUT PLATTING ON HOLD WHILE WE WORKED OUT THE SITE PLAN AND, AND GOT THIS UNDERWAY.
AND THEN WHEN WE FOUND OUT FROM THE CITY THAT WE WERE GONNA HAVE TO GO THROUGH THE BOA AND AND SPECIFIC USE, UM, LIKE WE'RE TRYING TO WORK THROUGH ALL OF THAT AND NOW THAT THAT'S WRAPPED UP AND AS LONG AS THIS, YOU KNOW, GETS APPROVAL AT THAT POINT WE PUT THE PLAT BACK UNDER REVIEW AND STORMWATER HAS TO REVIEW THAT THOROUGHLY AND THEY, UM, MAKE RECOMMENDATIONS OR CHANGES TO THAT.
AND I'M PRETTY CERTAIN THEY'RE GONNA REQUIRE A DRAINAGE EASEMENT AROUND THAT BIG DRAINAGE AREA.
THAT'S WHAT I MENTIONED EARLIER.
SO THEY WILL BE REVIEWING IT THOROUGHLY.
AND OUR GRADING AND DRAINAGE PLAN THAT SHOWS OUR INFRASTRUCTURE, LIKE THE INLETS AND WHATNOT.
IS THIS PROPERTY LARGE ENOUGH TO REQUIRE RETENTION? NO.
BRAGMAN MS. BRAGMAN, UM, ONE OF THE CONCERNS OF THE SPEAKERS WAS REGARDING LIGHTING THAT WOULD, UM, GO ONTO HIS PROPERTY, ESPECIALLY THE BEDROOM.
SO IS THERE GONNA BE LIGHTING AND WILL IT BE FOCUSED IN TOWARDS THE PROPERTY OR WHAT, WHY? UNFORTUNATELY THAT I'M NOT SURE BECAUSE THAT WOULD FALL KIND OF TO THE ARCHITECT AS WELL.
UM, BUT AGAIN, IT'S SOMETHING THAT I WROTE DOWN SO I COULD BRING IT UP WITH THEM TO SEE DOES THE EXISTING, UH, FACILITY HAVE LIGHTING AROUND IT AND, AND SO WHAT DIRECTION DOES IT FACE? 'CAUSE IT, IT SEEMS TO BE, IT WOULD PROBABLY BE SIMILAR.
WELL, SO THE THING WITH THE EXISTING SITE IS THAT, UM, THE OWNER OF THE FACILITY DOES NOT OWN THAT PROPERTY.
SHE'S RENTING IT FROM SOMEONE ELSE.
SO THEY KIND OF CAME IN AND JUST, YOU KNOW, MADE IT WORK.
SO, UM, YOU KNOW, THEIR INTENTION WITH THE NEW SITE IS TO MAKE IT WORK BETTER FOR THEM THAN WHAT THEY HAD THERE BECAUSE, YOU KNOW, THEY JUST MADE IT WORK.
UM, BUT YEAH, I I WILL HAVE TO ASK THE ARCHITECT ABOUT PLANNED LIGHTING.
SO I'M GLAD THAT YOU HAVE IT ON THE LIST THOUGH.
YEAH, I WROTE IT DOWN ALL THE CONCERNS SO I CAN MAKE 'EM AWARE.
SO WITH REGARDS TO LIGHTING, UM, SO AS THE BUSINESS COME IN, DO THEY HAVE TO COMPLY WITH REGARDS TO, UM, EDGE OF PROPERTY LIGHTING AND, AND WHAT KENNEL GETS PAST THAT LIGHTING? YES, I DO KNOW THAT THERE ARE NUISANCE, UM, CODE ITEMS THAT OUR ELECTRICIAN, UM, PLAN REVIEW TEAM REVIEWS TO MAKE SURE THAT THERE'S NOT BLEEDING OF, UM, LIGHTING INTO OTHER PROPERTIES, SURROUNDING PROPERTIES.
I, I DON'T KNOW THE EXACT TERMINOLOGY, BUT YES, IT IS SOMETHING THAT OUR, UM, PLAN REVIEW TEAM REVIEWS.
DO WE KNOW WHAT THE DIFFERENCE IS BETWEEN MILL SPEC LIGHTING VERSUS WE'LL SAY NORMAL LIGHTING.
SO WE WILL SAY, UH, UM, YOU KNOW, I GUESS JUST RATHER THE MILL LIGHTING WITH REGARDS TO COMING FROM A BUSINESS.
SO MILL SPEC LIGHTING CERTAINLY IS WHAT WE HAVE AROUND CAMP AND OTHER AREAS WITH REGARDS TO HOW MUCH LIGHT AND DOWNWARD LIGHTING, BASICALLY EVERYTHING'S DOWNWARD LIT.
AND SO, UM, YOU KNOW, SO JUST TRYING TO UNDERSTAND, YOU KNOW, WHAT THOSE DELTAS ARE.
[01:50:06]
SORRY, UM, CAN MR, CAN COMMISSIONER, BENAVIDEZ AND BON PLEASE COME TO, TO THE SCREEN? THANK YOU.UH, TO ANSWER ABOUT THE QUESTION FOR THE, UM, THE DIFFERENT TYPES OF LIGHTING, AGAIN, THAT WOULD PROBABLY BE BETTER ANSWERED BY OUR ELECTRICIAN TEAMS THAT REVIEW THESE QUESTIONS.
BUT IF, BUT IF I UNDERSTOOD CORRECTLY, THERE, THERE IS DIALOGUE WITH REGARDS TO AMOUNT OF LIGHT THAT'S ABLE TO LEAVE A PROPERTY AND, AND I KNOW THAT WHENEVER IT IS THAT THE LIGHT DOES LEAVE A PROPERTY, THERE IS, UM, CODE COMPLIANCE STARTS TO GET ENGAGED IN THOSE DIALOGUES.
I KNOW THAT THEY DO GO OUT THERE AT NIGHTTIME SOMETIMES AND THEY HAVE, UH, METERS THAT WILL REVIEW THESE KIND OF ITEMS. OKAY, THANK YOU.
ALRIGHT, ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NONE, I BELIEVE THAT CLOSES A PUBLIC PORTION OF THE MEETING.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION BRAGMAN MS. BRAGMAN REGARDING CASE NUMBER BO OA DASH 25 DASH 0 3 0 0 180 7.
I MOVED THE BOARD OF ADJUSTMENT GRANITE REQUEST FOR ONE A HUNDRED AND FORTY FIVE FOOT VARIANCE FROM THE MAXIMUM ALLOWABLE 90 FOOT FRONT SETBACK TO ALLOW THE STRUCTURE WITH A 235 FOOT FRONT SETBACK AND TWO, A 30 FOOT VARIANCE FROM THE MINIMUM REQUIRED 40 FOOT REAR SETBACK TO ALLOW A STRUCTURE WITH A 10 FOOT REAR SETBACK SITUATED AT 3 0 3 8 EISENHOWER ROAD.
APPLICANT BEING STEVEN G. KOCH COOK ENGINEERING, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD'VE RESULTED IN UNNEC UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THE ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSED REAR SETBACK WOULD PROVIDE ADEQUATE SEPARATION BETWEEN STRUCTURES.
IT WOULD NOT CREATE A SUBSTANTIAL LOSS OF LIGHT VISIBILITY OR AIRFLOW FOR ADJACENT PROPERTIES.
THE PROPOSED FRONT SETBACK WOULD NOT SIGNIFICANTLY DISRUPT THE CHARACTER OF THE EISENHOWER ROAD STREET SCAPE AS THE NEW DEVELOPMENT WOULD BE SITUATED BEHIND EXISTING MULTIFAMILY USES TWO DUE TO SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE IRREGULAR LOT SHAPE LIMITS THE DEVELOPABLE SPACE ON THE PROPERTY AS THE LOT IS NOT WIDE ENOUGH TO SUPPORT DEVELOPMENT WITHIN THE FIRST 235 FEET OF LOT DEPTH.
THREE, BY GRANTING THE VARIANCE OF SUPPORT, SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE UNIFIED DEVELOPMENT CODE NORMALLY ACCOUNTS FOR LOTS WITH LIMITED FRONTAGE TO RELIEVE THEM OF FRONT SETBACK REQUIREMENTS.
HOWEVER, HOWEVER, THIS LOT DOES NOT MEET THE EXACT DEFINITION OF A FLAG LOT AND THEREFORE IS NOT AFFORDED SUCH RELIEF BY THE UDC FOUR.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIS 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 PROPOSED DEVELOPMENT WOULD HAVE THE APPEARANCE OF A CONTINUATION OF EXISTING MULTIFAMILY DEVELOPMENTS THAT SURROUND THIS PROPERTY RATHER THAN A NOTICEABLE DEVIATION FROM EXISTING DEVELOPMENT PATTERNS.
SIX, WITH PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE 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 OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE P OF THE OWNER IS DUE TO THE UNIQUE LOT CONFIGURATION AND SHAPE AND THE EXISTING DRAINAGE INFRASTRUCTURE ALONG THE PROPERTY'S FRONTAGE, THESE CONDITIONS AND A LITERAL ENFORCEMENT OF THE APPLICABLE ORDINANCES WOULD PREVENT DEVELOPMENT ON OVER TWO ACRES OF OTHERWISE DEVELOPABLE SPACE.
DO YOU HAVE A SECOND, SECOND, SECOND STRIKE.
UM, I'LL BE IN SUPPORT OF THIS MOTION.
UH, I THINK THIS, UH, VARIANCE IS JUST A FIRST STEP IN THE PROCESS.
I THINK THE APPLICANT IS GONNA BE REQUIRED TO MEET AN AWFUL LOT MORE, UH, REQUIREMENTS, BOTH DRAINAGE, LIGHTING, UH, FENCES, UM, WHICH AGAIN, THOSE STILL HAVE TO BE APPROVED BY THE OTHER, UM, BOARDS AND COMMISSIONS.
UH, THIS IS JUST A FIRST STEP IN TERMS OF THE, THE SETBACKS.
SO I'LL BE IN SUPPORT SO THAT THIS, UM, VARIANCE CAN MOVE FORWARD.
UM, AND THEY DO HAVE SUPPORT FROM, UH, SOME NEIGHBORS AND ALSO THE, UH, ASSOCIATIONS, UH, IN THE AREA.
YES, I CONCUR WITH MY COLLEAGUE.
AND THEN ALSO, YOU KNOW, I THINK, UM, AS WE WERE KIND OF TALK, HAVING THE DIALOGUE, I THINK SOME OF THE ISSUES THAT WERE BROUGHT UP I THINK ARE GONNA BE ADDRESSED AUTOMATICALLY BY THE, THE OVERALL WORKFLOW OF HOW THIS IS GONNA HAPPEN.
SO, SO I THANK YOU ALL FOR COMING, YOU KNOW, FORWARD AND, AND TALK ABOUT THOSE AND THEN ALSO RECOMMEND, YOU KNOW, TALKING WITH YOUR NEIGHBORHOOD ASSOCIATION AND, AND WORK, CONTINUE TO WORK WITH THEM TO
[01:55:01]
CONTINUE, YOU KNOW, TO HAVE A STRONGER VOICE, UM, WITH THE APPLICANT AS THEY KIND OF COME THROUGH.UM, AND THEN, UM, AND, AND REALLY THE ONLY CONCERN I HAVE IS THAT THE ONLY CONCERN I HAD REALLY THAT, UM, THAT MAYBE HASN'T FULLY BEEN ADDRESSED IS THE STORMWATER DIALOGUE.
BUT, UH, YOU KNOW, AS BEEN SAID, IT DOES APPEAR THAT THAT'S GONNA BE RESOLVED AS PART OF HIS WORKFLOW AS WELL.
SO, UM, I'LL BE VOTING IN FAVOR.
YEAH, I'M GONNA BE IN SUPPORT OF THE MOTION AS WELL.
I THINK THE, THE ISSUES HAVE BEEN RESOLVED, ALTHOUGH YOU WOULD NEED TO STAY IN CONTACT AS HIS CASE, UH, KIND OF ADVANCES TO, TO COUNSEL IN REGARDS TO THE EIGHT FOOT FENCE TO MAKE, MAKE YOUR, UM, YOUR TESTIMONY BE HEARD IN FRONT OF THEM.
SO TO GET THE OPPORTUNITY TO GET THAT EIGHT FOOT FENCE, I KNOW THE APPLICANT IS AWARE OF THE, OF THE, UM, ISSUES AND I THINK THEY'LL WORK TO KIND OF REMEDY AND, AND PLACATE THE NEIGHBORS WITH THAT.
SO WITH ALL THAT SAID, LET'S GO AHEAD AND TAKE A ROLL CALL, VOTE ALL, ANY OTHER COMMENTS FROM THE BOARD? HEARING NONE, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER EZ AND VICE CHAIR OZUNA? YES, I CONCUR WITH, UH, 10 IN FAVOR, ZERO IN OPPOSITION.
THE VARIANCE, UH, DOES PASS AS RED.
I ENCOURAGE YOU TO STAY INVOLVED WITH THE, WITH THE, UH, NEIGHBORS THERE.
UH, THE TIME IS, UH, 3 0 1 AND, UH, OUR CHAIR, DONALD IS BACK.
SO WE DON'T HAVE ANY MINUTES TO GO OVER TODAY AND THAT WE DON'T HAVE ANY MORE CASES OR A DIRECTOR'S REPORT.
WELL THEN I, IT'S 3 0 2 WE'RE ADJOURNED.