* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] OKAY. ALL RIGHT. IT IS ONE OH TWO. I HEREBY CALL THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION. IF THEY HAVE THE SPANISH INTERPRETER COME OUT, PLEASE. GOOD AFTERNOON. THANK YOU VERY MUCH. YOU PLEASE CALL ROLL COMMISSIONER BARRINGTON. HERE. COMMISSIONER STEVENS. PRESENT. COMMISSIONER IBANEZ. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ HERE. COMMISSIONER GOMEZ. PRESENT. COMMISSIONER MANA PRESENT. COMMISSIONER BREGMAN. COMMISSIONER BENAVIDES. SHE'S ABOUT TO WALK IN. COMMISSIONER OZUNA PRESENT. COMMISSIONER VASQUEZ. PRESENT. COMMISSIONER BROWN. HERE. CHAIR ORIAN. AND I'M HERE. SO WE HAVE ALL 11. UH, SO THAT'S GREAT. WE HAVE A QUORUM. AND IF EVERYONE COULD PLEASE, UH, JOIN ME IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD INVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE AND INDIVISIBLE. SO [ Briefing and Possible Action on the following items  ] BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASE IS ELIC BY NUMBER WITH THE NAME OF THE APPLICANT'S STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES IN 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 MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY THE MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY CODE 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 WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION 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 ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE THE POWER 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 RECORD OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE ASSERTED 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 AND GRANTING THE RELEASE SAW RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT PAX IN WHICH A REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS OR 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 LEAVE YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. THANK YOU. UH, 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 A VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS. INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE. SPECIAL EXEMPTION OR APPEAL, YOU'LL BE CALLED IN THE ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION FOR THOSE I'D LIKE TO GIVE THEIR TIME TO [00:05:01] A SPEAKER. THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN WITH THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVE UP, THEIR TIME MUST BE PRESENT AND SIGN UP TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES. UH, SO TODAY, UH, WE'LL BE MOVING ITEM NUMBER 11 UP TO BE HEARD FIRST. UH, SO IF STAFF COULD PLEASE, UH, START ON ITEM NUMBER 11. AFTERNOON. GOOD AFTERNOON. ITEM NUMBER 11 IS BO OA DASH 25 DASH 3 0 0 1 93 ADDRESS AT 10 58 STEVES AVENUE. IN CONS, DISTRICT THREE, THE APPLICANT IS OMAR ACOMA AND A REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE INCH WITH OVERHANG FROM THE WEST SIDE. PROPERTY LINE LIMITED TO 37 FEET IN DEPTH TO A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE SIX INCHES WITH OVERHANG FROM THE EAST SIDE PROPERTY LINE AND THREE AND EIGHT FOOT TWO INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A SIX FOOT 10 INCH DRIVEWAY CLEAR VISION. THE ZONE IS R FOUR. THE SUBJECT PROPERTY IS SITUATED ON STEVE'S AVENUE JUST EAST OF SOUTH PRE STREET. THE PROPERTY CURRENTLY CONTAINS A SINGLE FAMILY HOME WITH AN ATTACHED CARPORT AND A SHED LOCATED IN THE REAR YARD. THE APPLICANT HAS OBTAINED PERMITS FOR RESIDENTIAL REPAIRS. IN ADDITION, FALL IN A STOP WORK ORDER ISSUED ON FEBRUARY 5TH, 2024. SINCE PLANS AND A DEFINED SCOPE OF WORK FOR THE SHED REMODEL HAVE NOT YET BEEN SUBMITTED, THE APPLICANT IS ALSO REQUESTING A VARIANCE TO MAINTAIN THE SHED AT ITS EXISTING DISTANCE FROM THE EAST SIDE PROPERTY LINE. DUE TO THE EXTENT OF PROPOSED WORK ON THE CARPORT. BY REPAIRING THE BASE AND REPLACING THE ROOF, IT QUALIFIES AS NEW CONSTRUCTION AND WOULD REQUIRE VARIANCE TO REBUILD WITHIN THE ORIGINAL SETBACK. A BUILDING PERMIT FOR THE CARPORT HAS NOT YET BEEN SUBMITTED. THE RECENTLY INSTALLED WR IRON FENCE IN THE FRONT YARD COMPLIES WITH THE MAXIMUM HEIGHT REQUIREMENT. HOWEVER, IT IS WITHIN THE DRIVEWAY CLEAR VISION AREA AND WOULD REQUIRE VARIANCE TO REMAIN IN ITS CURRENT LOCATION. THIS IS THE SITE PLAN HIGHLIGHTING THE LOCATIONS OF THESE SIDE SEC BA VARIANCE AND THE DRIVEWAY CLEAR VISION. THIS IS A HISTORICAL VIEW FROM MARCH, 2009. YOU CAN SEE THE PREVIOUS FENCE AND THE CARPORT ALREADY THERE AS WELL. AND THIS IS THE CURRENT VIEW WITH THE NEW ROD IRON FENCE AND THE CURRENT CARPORT IN THE SAME LOCATION. AND THIS IS JUST A CLOSER VIEW OF WHAT THE SIDE SETBACK WOULD LOOK LIKE WITH THE OVERHANG AND THE ACCESSORY STRUCTURE IN THE REAR YARD AND HIGHLIGHT IN THE DRIVEWAY CLEAR VISION AND THE SURROUNDING AREA STAFF'S RECOMMENDATION FOR THE DRIVEWAY. CLEAR VISION IS APPROVAL IN BO OA DASH 25 DASH 1 0 3 0 0 1 93 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT AS SIMILAR FENCES LOCATED WITHIN DRIVEWAY CLEAR VISION AREA HAVE BEEN OBSERVED IN THIS HISTORICALLY OLDER NEIGHBORHOOD. AND TWO, THE PREDOMINANTLY OPEN DESIGN OF DEFENSE DOES NOT IMPEDE VISIBILITY FOR TRAFFIC ALONG STEVES AVENUE, NOR DOES IT OBSTRUCT SAFE INGRESS AND EGRESS FROM THE PROPERTY STAFF'S RECOMMENDATION FOR THE CARPORT AND ACCESSORY STRUCTURE SIDE SETBACK IS DENIAL IN BO OA DASH 25 DASH 1 0 3 0 0 1 93. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN BETWEEN NEIGHBORING PROPERTIES FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY, AND THE MAINTENANCE OF THE CARPORT AND ACCESSORY STRUCTURE. AND TWO, AS A RENOVATION IS PROPOSED, THE ACCESSORY STRUCTURE CAN REASONABLY BE RE REASONABLY BE REDESIGNED TO ADHERE TO THE REQUIRED SITE SETBACK. STAFF MAILED 32 NOTICES ZERO WERE RECEIVED IN FAVOR AND ZERO IN OPPOSITION, AND THE SUBJECT PROPERTY IS NOT LOCATED WITHIN THE BOUNDARY OF A REGISTERED NEIGHBORHOOD ASSOCIATION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT. THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD. IF YOU COULD PLEASE STATE YOUR NAME. MY NAME IS DENISE LOPEZ. [00:10:02] OKAY. AND TELL US ABOUT YOUR PROJECT. I, WE ARE WORKING ON REMODELING THE HOUSE. IT'S QUITE OLD. UM, AND I DON'T THINK IN LIVABLE SITU CONDITION NOW, UM, THE CARPORT AND THAT BACK BUILDING HAVE BEEN THERE FOR YEARS AND YEARS. UM, I THINK THAT THE STATEMENT SAYING THAT IT'S UNSAFE, THAT IT'S TOO CLOSE, THE NEIGHBORS HAVE NO OBJECTION TO OUR CARPORT OR THE BACK BUILDING BEING THAT CLOSE TO THE FENCE. SORRY, I'M A LITTLE BIT NERVOUS. THIS IS THE FIRST TIME I'VE EVER DONE THIS. I'M NOT SURE WHAT ELSE I NEED TO ADD, BUT, UM, WELL, LET ME START OFF WITH SOME QUESTIONS. OKAY. UH, UM, DOES YOUR, UH, PROPOSED CARPORT HAVE GUTTERS? IF WE NEED TO ADD THAT WE CAN, UH, WELL, WE CANNOT IMPOSE CONDITIONS, BUT AS THE APPLICANT, YOU WERE, UH, COMPLETELY ALLOWED TO, UM, AMEND YOUR APPLICATION TO INCLUDE GUTTERS IF YOU WOULD LIKE TO DO SO. YES. OKAY. SAY IF IT'S A REQUIREMENT OR SOMETHING THAT WILL HELP THIS PROCESS, THEN I'M VERY HAPPY TO DO THAT. OKAY. AND ON THE, WITH REGARDS TO THE ACCESSORY STRUCTURE IN THE BACK, UH, ARE YOU REUSING THE FOUNDATION OR ARE YOU JUST DOING MINOR REPAIRS TO THE ACCESSORY STRUCTURE? WE WERE HOPING TO KEEP IT AND THEN JUST USE IT AS STORAGE. ONCE WE'VE UPDATED IT. I'M NOT SURE IF IT HAS A CONCRETE SLAB OR NOT. UM, I REALLY WAS MORE FOCUSED ON THE HOUSE AND WHAT WE NEEDED TO DO WITH THE HOUSE THAN, AND MAYBE THE STAFF KNOW IF THAT SHED IS SITTING ON A CONCRETE SLAB. I DO NOT. OKAY. UM, AND THEN I ALSO NOTICE THAT WITH THE APPLICATION, THAT ACCESSORY STRUCTURE WAS AT A SLIGHT ANGLE. DO YOU KNOW, UH, YOU KNOW, WE'RE HERE TO TALK ABOUT A SETBACK, BUT IS A MAJORITY OF THE SETBACK, UH, I'M SORRY, A MAJORITY OF THE ACCESSORY STRUCTURE FIVE FEET AWAY? OR CAN YOU TALK ABOUT ITS POSITIONING IN RELATION TO THE SIDE PROPERTY LINE? I HAVE NOT MEASURED IT. I DO KNOW THAT IT IS CLOSE TO THE FENCE. OKAY. BUT ON THE CORNER THAT'S CLOSEST TO YOUR HOME, IS IT MUCH FURTHER FROM THE FENCE, LIKE LET'S SAY FIVE FEET? I AM NOT SURE I UNDERSTAND YOUR QUESTION. STAFF, CAN YOU BRING UP THE, UM, SITE PLAN? SO THE SITE PLAN IS SHOWING THE ACCESSORY STRUCTURE AT AN ANGLE. OKAY. NOW I SEE. AND WE'RE TRYING TO SEE, YOU KNOW, IF HOW FAR AWAY IT IS AT IT AT THE CORNER CLOSEST TO YOUR HOME . IT'S NOT VERY CLOSE TO THE HOUSE, IT'S TO THE SIDE. TO THE FENCE. TO THE, TO THE FENCE. OKAY. IS THERE ANY COMMISSIONER QUESTIONS? AND JUST TO, UH, CLARIFY, WHEN WE DISCUSSED THIS WITH THE APPLICANT, UM, WE PUT THIS ON HERE BECAUSE THEY WERE SHOWING INTEREST IN EITHER REMODELING OR REBUILDING THIS ACCESSORY STRUCTURE. OKAY. UM, THAT'S WHY WE INCLUDED THIS ON HERE. OKAY. YES, YES, I'M AWARE OF THAT. THANK YOU. YEAH, THIS, THIS BOARD WILL SOMETIMES RECEIVE REQUESTS, WHICH CAN BE CHANGED A LITTLE, BUT STILL MEET THE NEED OF THE APPLICANT. SO I WAS JUST CURIOUS IF SIX INCHES, UH, WAS NECESSARY OR IS THAT, COULD IT BE INCREASED? I AM NOT SURE. I WOULD NEED TO GO BACK AND MEASURE THE CARPORT AND SEE WELL, THE ACCESSORY STRUCTURE. THE ACCESSORY. OKAY. IS, IS THERE ANY, UH, VOICEMAILS, ANYONE SIGNED UP TO SPEAK? ONE VOICEMAIL. OKAY. UH, IS THERE ANY BEFORE WE HEAR THE VOICEMAIL, ANY QUESTIONS FROM THE CO COMMISSION? [00:15:02] I DON'T. HERE. NONE. LET'S HAVE A VOICEMAIL. MY NAME IS MICHAEL GONZALES. ADDRESS TEN NINE EIGHT. TELEPHONE NUMBER (210) 317-4158. CASE NUMBER OH 8 25 1 0 3 0 0 1 9 3. I AM IN FAVOR OF THE, OF THE, UH, REQUEST. THANK YOU. OKAY. UH, IF THERE'S NO MORE QUESTIONS FROM THE COMMISSION, UH, IS THERE ANYTHING THE APPLICANT WOULD LIKE TO, UM, LET US KNOW BEFORE WE MOVE TO A MOTION? I HAVE A QUESTION. I DON'T THINK SO. OKAY. WELL, THANK YOU VERY MUCH. I HAVE A QUESTION. YES. COMMISSIONER BROWN, I'M LOOKING AT, I'M LOOKING AT THE, UM, THE PROPERTY ON THIS COMPUTER AND SHE WANTS TO, COMMISSIONER BROWN, CAN YOU MAKE SURE YOUR MIC'S ON? YOU GOTTA HOLD THE BUTTON DOWN. I'M HOLDING IT DOWN. OKAY. I'M LOOKING AT THE PICTURE AND SHE WANTS, UH, A VARIANCE OF HOW MANY FEET FROM THE PROPERTY, FROM HER PROPERTY LINE, THE FENCE. SHE WANTED A VARIANCE, IS THAT CORRECT? FOR THE CARPORT, IT'S AT THE ONE INCH PROPERTY LINE. AND FOR THE ACCESSORY STRUCTURE FOR THE SIX INCHES? FOR THE CARPORT, NOT FOR THE, NOT FOR THE, THE, UH, CORRECT. THE ACCESSORY STRUCTURE WILL HAVE SIX INCHES, EIGHT INCHES. SIX FROM THE, FROM HER PROPERTY LINE, CORRECT. FROM THE REAR, UH, SIDE PROPERTY LINE. OKAY. SO THAT IS EIGHT INCHES FROM HER NEIGHBOR, IS THAT WHAT YOU'RE SAYING? EIGHT INCHES FROM, I'M SORRY, SIX INCHES FROM HER SIDE PROPERTY LINE. UM, AS INDICATED IN ITEM NUMBER TWO ON THAT PICTURE, WELL, I'M LOOKING AT THIS PICTURE HERE. I GUESS THIS IS NUMBER TWO. UM, I'M LOOKING AT THE ONE WITH THE SITE PLAN. SO THE O THE UH, CARPORT IS GOING TO COME OUT FARTHER THAN IT'S SUPPOSED TO BE. THE CARPORT IS GONNA STOP AT THE ONE INCH SIDE SETBACK. THE ONE INCH I DECIDE IT'S GONNA BE ONE INCH FROM THE SIDE PROPERTY LINE. SO ONE INCH FROM THE NEIGHBORING PROPERTY FOR THE CARPORT. AS FOR THE ACCESSORY STRUCTURE, IT IS SIX INCHES FROM THE PROPERTY LINE, SIX INCHES FROM THE NEIGHBORING PROPERTY. AND YOUR NEIGHBOR'S OKAY WITH THAT? YES. THE NEIGHBOR'S? YES. THE NEIGHBOR IS ACCEPTING OF THAT. SO SHE'S OKAY WITH IT NOW. HOW IS SHE GONNA BE OKAY WITH IT? I WENT AND SPOKE TO THE NEIGHBOR AND THEY HAD NO OBJECTIONS. SO SHE'S NOT CHANGING STRUCTURES. SO IT'S THE SAME STRUCTURE? YEAH, YEAH, EXACTLY. EIGHT INCHES FROM SOMEBODY'S HOUSE. OKAY. UH, THERE'S NO OTHER QUESTIONS. I'M LOOKING FOR A MOTION MANANA. COMMISSIONER MANNA, REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 1 9 3. I MOVED AT THE BOARD OF ADJUSTMENT. GRANTOR REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH GUTTERS TO BE ONE INCH WITH OVERHANG FROM THE WEST SIDE. PROPERTY LINE LIMITED TO LIMITED TO 37 FEET IN DEPTH AND TWO, A FOUR FOOT SIX INCH VARIANCE FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE SIX INCHES WITH OVERHANG, UH, FROM THE EAST SIDE PROPERTY LINE AND THREE AND EIGHT FOOT TWO INCH VARI ARE THE MINIMUM 15 FOOT DRIVEWAY CLEAR VISION TO ALLOW A SIX FOOT 10 INCH DRIVEWAY CLEAR VISION SITUATED AT 1 0 5 8 STEVE'S AVENUE. APPLICANT BEING OMAR, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE CARPORT AND ACCESSORY STRUCTURE SIDE SETBACK WITH REDUCED SITE SETBACKS WILL PROVIDE SUFFICIENT SPACING BETWEEN THE PROPERTIES FOR THE PURPOSES OF WATER RUNOFF, SAFETY CONCERNS AND STRUCTURE MAINTENANCE. AND FOR DRIVEWAY CLEAR VISION, THE PREDOMINANTLY OPEN FENCE IS SUFFICIENTLY SET BACK FROM THE PUBLIC RIGHT OF WAY AND DOES NOT IMPACT SAFE INGRESS AND EGRESS ONTO STEVE'S AVENUE. TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP FOR THE CARPORT AND ACCESSORY STRUCTURE. SIDE SETBACK, UH, REDESIGN THE SHED TO COMPLY WITH THE REQUIRED SITE SETBACK WOULD LIMIT THE FUNCTIONAL USE OF THE REAR YARD. THE CARPORT SUPPORTS SUPPORT POSTS CANNOT BE, UH, REPOSITIONED WITHOUT SIGNIFICANTLY COMPROMISING THE FUNCTIONALITY OF THE STRUCTURE TO PROVIDE COVERAGE FOR A FULL-SIZED VEHICLE. WITH REGARDING THE DRIVEWAY CLEAR VISION, THE NEW FENCE WAS INSTALLED IN THE SAME LOCATION AS A [00:20:01] PREVIOUS CHAIN LINK FENCE AND WILL CONTINUE TO PROVIDE THE PROPERTY OWNERS WITH SECURITY AND PRIVACY FROM STEVE'S AVENUE, A SECONDARY ARTILLERY ARTERIAL. UH, THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED. THE SUBSTANTIAL JUSTICE WILL BE DONE. THE CARPORT AND ACCESSORY STRUCTURE SIDE SETBACK WILL PROVIDE SUFFICIENT SPACE. UH, SUFFICIENT SPACE REMAINS BETWEEN THE CARPORT AND THE PROPERTY TO THE WEST, AS WELL AS BETWEEN THE ACCESSORY STRUCTURE AND THE PROPERTY TO THE EAST. AND REGARDING THE DRIVEWAY CLEAR VISION, THE FENCE IS NOT SIGNIFICANTLY ENCROACHED INTO THE PUBLIC RIGHT OF WAY OR PACKED PEDESTRIAN AND TRAFFIC SAFETY FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH HAS VARIANCES LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. UH, FIVE SUCH VARIANCES WILL NOT, NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. UH, REGARDING THE CARPORT AND ACCESSORY STRUCTURE SETBACK, UH, IF THE VARIANCE IS GRANTED, THE REDUCED SETBACK WILL NOT INJURE APPROPRIATE PROPERTIES, NOR WILL IT INCREASE THE RISK OF FIRE AGGRAVATION OR POTENTIAL WATER RUNOFF INTO THE NEIGHBORING PROPERTIES. REGARDING THE DRIVEWAY, CLEAR VISION FENCE LOCATION ALONG THE FRONT YARD DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AS THIS NEIGHBORHOOD STREETSCAPE CONSISTS OF FENCES INSTALLED ALONG THE FRONT IN A SIMILAR MANNER TO THE SUBJECT PROPERTY. SIX APPLIED IN THE OWNER PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED, UH, REGARDING THE CARPORT ACCESSORY STRUCTURE, UH, REDESIGNING THE ACCESSORY STRUCTURE TO COMPLY WITH THE SIDE SETBACK REQUIREMENT FOR REDUCE THE FUNCTIONAL USE OF THE REAR YARD. ADDITIONALLY, THE CARPORT, OVERHANG CANNOT REASONABLY BE REPOSITIONED WITHOUT COMPROMISING THE INTENDED DESIGN AND USABILITY OF THE STRUCTURE. UM, REGARDING THE DRIVEWAY, CLEAR VISION DEFENSE DOES NOT OBSTRUCT CLEAR VISION FOR TRAFFIC FLOW ON STEVE'S AVENUE OR HINDER SAFE INGRESS AND EGRESS FOR THE PROPERTY AND OF MOTION. SECOND, SECOND BY COMMISSIONER ZUNA. UH, COMMISSIONER MANNA. SO, UM, I'LL BE VOTING IN FAVOR OF THIS, UM, ONE, YOU KNOW, SO, SO THE CITY HAS LOOKED AT THIS AND, AND, AND THEY WERE, UH, RECOMMENDING APPROVAL. SO FROM THAT PERSPECTIVE, I THINK, UM, BEING THAT, UM, THAT THERE WAS NOT ANY NEGATIVE FEEDBACK FROM THE COMMUNITY ITSELF. UH, SO I DON'T SEE ANYTHING THERE. AND THEN ALSO LEVERAGING THE EXISTING, UM, FOOTPRINT OF WHAT'S ALREADY THERE, UM, SEEMS TO BE CONSISTENT WITH WHAT IS THAT, WHAT I WOULD NORMALLY PROVE, UH, FROM THIS BOARD. SO I'LL BE VOTING IN FAVOR, MR. . YEAH. SO I SUPPORT FOR THE SAME REASONS. IN ADDITION, THE APPLICANT WELL STATED THAT SHE'LL BE, UH, PUTTING GUTTERS AND IT WILL, THE ONE INCH WOULD HAVE TO COMPLY WITH THE, WITH THE GUTTERS. ALSO, IF YOU LOOK AT THE AERIALS, UH, THE NEIGHBOR FROM THAT, A AREA FOR THE ONE INCH SETBACK, THE NEIGHBOR HOUSE IS SETBACK, UH, FAR ENOUGH THAT I DON'T THINK IT'S GONNA BE ANY KIND OF A FIRE BREAK CONDITION. AND SHE WOULD HAVE TO MEET ALL BUILDING, UH, PERMITS, AN APPLICABLE FIRE CODE FOR THAT. SO FOR ALL THOSE REASONS I'M SUPPORTING THE MOTION IS READ. UH, I HAVE A REQUEST. UH, COMMISSIONER MANA, CAN YOU, CAN YOU, UH, UPDATE REFERENCES TO, TO THE WORD FENCE, TO PREDOMINANTLY OPEN FENCE? CERTAINLY I'LL ACCEPT THAT. UM, SO PREDOMINANTLY OPEN FENCING. THANK YOU. COMMISSIONER ZUNA, DO YOU ACCEPT THAT? YES. ACCEPT IT. ALRIGHT. IS THERE ANY OTHER, OTHER COMMISSIONER COMMENTS OR LIKE, UH, COMMENTS I'D LIKE TO ADD TO THIS HEARING NONE UNLESS HAVE ROLL CALL VOTE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN? I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDES? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN. AYE. CHAIR ORIAN. AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. YAY. THANK YOU. YOU'RE WELCOME VERY MUCH. ALRIGHT, UH, WE ARE BACK ON NUMBER ONE, ITEM ONE. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER ONE IS REQUESTED BY MITCHELL GONZALEZ AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HAWK COLLECTION LOCATED AT 7 0 4 CUNEY WAY. THE SUBJECT PROPERTY IS LOCATED AT 7 0 4 CONWAY. SURROUNDING USES [00:25:01] 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, UM, BEXAR COUNTY HOT TAXES THROUGH AVENUE ON A MONTHLY BASIS. SEVEN NOTICES OF DELINQUENCY WERE MAILED BY AVENUE FROM JULY, 2024 THROUGH MARCH, 2025. AND THE FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON JULY 14TH, 2025. NO PAYMENT WAS MADE WITHIN THE 90 DAYS AND ONLY PARTIAL PAYMENT WAS MADE AFTER RECEIVING THE FINAL NOTICE OF DELINQUENCY ON JULY 14TH, 2025. THEREFORE THE PERMIT WAS REVOKED ON JULY 29TH. SO THERE'S A TOTAL OF SIX UNITS ON THE BLOCK. PHASE ONE ACTIVE STR TYPE TWO PERMIT IS ALREADY ON THE BLOCK LOCATED AT SEVEN 16 CUNEY WAY ISSUED ON MARCH 14TH, 2023. THE SUBJECT PROPERTY DOES NOT HAVE ANY CODE VIOLATIONS AND A BIT OF THE BACKGROUND HISTORY. THIS APPLICATION WAS SUBMITTED NOVEMBER 1ST, 2023. BY NOVEMBER 7TH, 2020, 2023, THE PERMIT WAS ISSUED. AND ON JULY 29TH, 2025, THE PERMIT WAS REVOKED DUE TO HOT DELINQUENCY. AND AS OF TODAY, THE PROPERTY DOES NOT HAVE ANY ACTIVE LISTINGS. THIS IS THE COMMUNICATION SENT OUT FROM AVENUE TO THE APPLICANT AND THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. UH, STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL AND THERE WERE A TOTAL OF 38 MALE NOTICES, ZERO IN FAVOR OR ZERO IN OPPOSITION. DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR AND THREE CITYWIDE GROUPS WHO ARE NOTIFIED WITH NO RESPONSE. THIS CONCLUDES STAFF PRESENTATION. THE APPLICANT IS HERE TO ANSWER ANY QUESTIONS. ALRIGHT, UH, THANK YOU VERY MUCH. UH, ONE QUICK QUESTION. DO THEY CURRENTLY OWE ANY MONEY? OKAY. UM, LEMME CHECK IN ON THAT. ALRIGHT, I HAVE A QUESTION. YES, COMMISSIONER. OKAY. SO THE, THE SUBJECT IS A TYPE ONE, RIGHT? A PERMIT? YES. BUT IF YOU LOOK AT THEIR LISTING, IT SAYS THE ENTIRE HOME IS AVAILABLE, RIGHT? MM-HMM . IS THERE, DOES THE APPLICANT MAKE I GUESS, ACCOMMODATIONS FOR THEM TO BE STAYING AT THE HOUSE WHEN THE, I BELIEVE THIS IS SOMETHING THE APPLICANT WOULD BE BEST AT ANSWERING, BUT THIS IS AS A TYPE ONE CLAP. MM-HMM . CRUZ, COMMISSIONER CRUZ. UM, QUESTION, YOU'RE SAYING THAT THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR, BUT YOUR NOTIFICATION PLAN SAYS THEY WERE OPPOSED, SO WERE THEY OPPOSED AND THEN THEY CHANGED IT SO THEY, THEY WERE OPPOSED BEFORE BEING CONTINUED, BUT NOW THEY ARE IN FAVOR. OKAY, THANK YOU. ALL RIGHT, WELL LET'S HAVE THE APPLICANT COME FORWARD. THANK YOU. HMM. ALL RIGHT, STATE, GOOD AFTERNOON, MITCHELL GONZALEZ. ALL RIGHT. AND TELL US ABOUT YOUR, UH, SDR AND WHAT'S HAPPENED SINCE YOUR CONTINUATION. SO I'VE COME TWICE, SINCE THE FIRST TIME I CAME HERE. UM, WHAT THE, WHAT SITUATION WAS, WAS THE ASSOCIATION WASN'T IN FAVOR, SO I ACTUALLY SCHEDULED TO BE PART OF THE BOARD MEETING. I TOLD THEM ABOUT MY STR, THEY WERE VERY SUPPORTIVE ABOUT IT. AND THEN THEY DID CHANGE THEIR MIND, WHICH IS WHY NOW THEY'RE IN FAVOR. UM, TO ANSWER YOUR QUESTION ON THE TYPE ONE, UM, THE LAST TIME I WAS HERE, UM, I DON'T, SO I RENT OUT THE WHOLE HOUSE, BUT I ALSO STAY THERE. MY WIFE'S A TRAVELING NURSE, SO WE ARE THERE. UM, BUT I KNOW THAT'S A SUB QUESTION. THEY ASKED ONE OF THE GENTLEMEN OVER HERE, UM, IF, IF SHOULD BE CONSIDERED A TYPE ONE AND IT DOES FIT IN THOSE GUIDELINES. UM, SO THAT'S KIND OF CURRENTLY WHERE I'M AT ON IT. UM, BUT OTHER THAN THAT, UM, THE ASSO THE ASSOCIATION LOVE THAT I MAINTAIN THE PROPERTY. THEY SAID IT'S A NICE PROPERTY ON THE BLOCK AND, UM, WE'VE HAD NO COMPLAINTS. UH, NO POLICE HAVE BEEN CALLED, UH, HAVE VERY STRICT RULES. UM, I'M IN COMMUNICATION WITH MY NEIGHBORS. LIKE I HAVE NO COMPLAINTS WITH THEM, BUT I DON'T COMMUNICATE THEM ON A DAILY BASIS. LIKE WE'RE NOT, I DON'T HAVE, UM, THEIR COMMUNICATION WITH THEM, UH, CURRENTLY. BUT, UM, I'VE HAD NO COMPLAINTS OTHER THAN THAT. AND THAT'S PRETTY MUCH IT. OH, AND THEN THE REASON OBVIOUSLY I, I DID GET MY PERMIT REVOKED WAS I MISSED NOVEMBER OF 2024 HOT TAXES. AND I DIDN'T CATCH IT UNTIL, LIKE, THEY PRETTY MUCH REVOKED. 'CAUSE THEY SENT ONE EMAIL AND THEN THEY SENT, THE NEXT EMAIL THEY SENT WAS, I WAS REVOKED. SO I, I DID GET THE LETTERS, BUT I HONESTLY DIDN'T KNOW THAT THEY WERE FROM THE CITY OF SAN ANTONIO. 'CAUSE THEY HAD A WEIRD LOGO ON THEM. IT DIDN'T SAY CITY OF SAN ANTONIO. IT, I THOUGHT IT WAS JUNK MAIL. SO I JUST KEPT THROWING IN THE TRASH. AND THEN I DIDN'T KNOW UNTIL I GOT AN EMAIL TO MY EMAIL AND IT WAS ONLY TWO EMAILS AND THEN THEY REVOKED MY LICENSE. SO, UM, I DID MISS NOVEMBER OF 2024 AND I DIDN'T CATCH IT TILL JULY OF 2025. BUT WE ARE CAUGHT UP. HAVE YOU MADE ALL [00:30:01] YOUR FILINGS AND YOU, AND DO YOU OWN ANY HOT TAX TO YOUR KNOWLEDGE? NO. OKAY. STAFF, UH, IS THAT VERIFIED? SO HE DOES OWE FOR TWO MONTHS FOR DECEMBER, 2023 AND DECEMBER, 2023, HE OBTAINED HIS PERMIT. NOVEMBER 7TH, 2023. HE, HE OWES A FILING OR HE OWES HOT TAX? BOTH. OKAY. FILING AND HOT. WE, WE, WE DO NEED TO DO AUGUST AND SEPTEMBER AND, AND I'M WORK, I'M GONNA WORK ON THAT THIS MONTH, BUT I HAVEN'T BEEN RUNNING IT OUT SINCE WE'VE BEEN GOING THROUGH THIS PROCESS. 'CAUSE I JUST WANTED TO GET THIS FINALIZED AND DECIDE WHAT I'M GONNA DO. 'CAUSE IF I, IF UNFORTUNATELY IF I DO GET IT REVOKED, I'M GONNA HAVE TO SELL THE PROPERTY. 'CAUSE I JUST GO AHEAD. SO FOR STAFF, UH, IF THIS GETS APPROVED TODAY AND, AND HE STILL WON'T GET A PERMIT UNTIL HE MAKES GOOD ON THE, THAT PAST DUE AMOUNT AND FILING, CORRECT? YES, THAT'S CORRECT. I I ALSO WANNA MENTION THAT THE TESTIMONY THAT WAS PRESENTED AT THE LAST BOARD MEETING WAS SUCH THAT WHEN THE PROPERTY IS BOOKED, HE IS NOT AT THE PROPERTY. HE RESIDES WITH RELATIVES. SO IT'S ALSO ENTIRELY POSSIBLE THIS WILL NEED TO BE RESUBMITTED AS A TYPE TWO APPLICATION SHOULD THE BOARD DECIDE TO, UM, SHOULD THE BOARD FIND THAT STAFF MADE AN ERROR. OKAY. THANK YOU. ANY QUESTIONS FROM THE COMMISSION? UH, BUT IF MR. BEES, I'M JUST CURIOUS. SO I SEE THAT YOU KIND OF SPOT PAY, DECIDE WHEN YOU'RE GONNA PAY YOUR TAXES, AND I'M JUST CURIOUS AS TO WHY YOU PAY THEM CERTAIN MONTHS. I MEAN, YOU OBVIOUSLY KNOW THAT THEY'RE DUE. YEAH. RIGHT. BUT THEN YOU FALL BEHIND AND I'M, YOU, IT'S NO EXCUSE. UH, BUT I, I DO LEAVE. I HAVE A LOT OF RESPONSIBILITY. SO I, I DO LEAVE THIS TO MY WIFE AND SHE DID GET PREGNANT DURING THAT TIME AND, UH, SHE WAS KIND OF SICK DURING THE BEGINNING OF THAT. SO SHE, WE FELL BEHIND. AND NOVEMBER OF 2024 IS WHEN THEY, UH, THEY REVOKED MY PERMIT BECAUSE I MISSED THAT MONTH. UM, NOW THESE LAST TWO MONTHS, UH, WE REALLY JUST, WE REPORT LIKE ABOUT TWO MONTHS OUT. LIKE WE, WE, WE KEEP OURSELVES WITHIN THE TIMEFRAME OF WHERE WE'RE NOT GONNA GET REVOKED, BUT WE STILL REPORT TO CA UH, TO CATCH UP EVERY MONTH, EVERY MONTH OR TWO. SO WE DON'T DO IT ON A MONTHLY BASIS. WE USUALLY DO IT EVERY TWO TO THREE MONTHS THAT WE REPORT FOR THE LAST TWO TO THREE MONTHS. BUT THIS, BUT IN NOVEMBER, I DIDN'T KNOW WE MISSED THAT MONTH UNTIL JULY. SO IT WAS JUST LIKE, OH MY GOD, THEY CAUGHT ME OFF GUARD. AND, AND THEN BY THEN IT WAS, THEY WERE LIKE, WELL, YOU GOT YOUR LICENSE REVOKED. AND I WAS KIND OF THROWN OFF GUARD. BUT, UM, THAT'S PRETTY MUCH WHY. BUT YOU DO REALIZE THAT WHEN YOU SIGN UP FOR THE PERMIT, ONE OF THE REQUIREMENTS IS THAT YOU, YOU FIRE YOUR TAXES AT THE END OF, YOU KNOW, AFTER THAT MONTH. YES, YES. YES. I, IT'S SO YOU'RE AWARE OF THAT? YEAH. YEAH. WE, LIKE I SAID, WE KEEP UP WITH IT. I'VE NEVER HAD ISSUES. I'VE, I'VE HAD THIS PERMIT SINCE 2023. SO LIKE WE'VE DONE THAT AND IT'S BEEN GOOD IF WE JUST MISSED SIX, LIKE WE'VE MISSED THAT ONE MONTH AND IT SIX MONTHS PASSED MM-HMM . SO WE, WE'VE NEVER HAD ISSUES WITH EVER GETTING ANY CLOSE ANYWHERE CLOSE TO HAVING OUR PERMIT REVOKED. EVEN THOUGH WE DON'T REPORT EVERY MONTH, WE STILL NEVER GOTTEN CLOSE TO HAVING IT REVOKED UNTIL THIS TIME. AND WE JUST MISSED IT. I MEAN, I WOULDN'T HAVE MISSED SIX MONTHS AGO, A MONTH IN NOVEMBER OF 24, COMMISSIONER AMANDA. SO, SO I GUESS, YOU KNOW, UM, SO AS A OWNER OF A BUSINESS MM-HMM . YOU KNOW, I GUESS I, I'M LOOKING FOR I GUESS A, UM, A COMMITMENT THAT IT'S NOT GOING TO BE KIND OF AS DETERMINED BY YOU, BUT AS REQUIRED BY THE CITY, YOU KNOW? 'CAUSE I, I AM STRUGGLING HERE A LITTLE BIT, YOU KNOW, 'CAUSE NORMALLY PEOPLE ARE COMING IN AND SAYING, OKAY, I WANNA MAKE IT RIGHT AND, YOU KNOW, IT WILL BE CONSISTENT AND PART OF THE, PART OF THE REVENUE THAT IS BROUGHT IN IS PAID DIRECTLY BACK TO THE CITY AS AN ONGOING PROCESS. YEAH. AND SO, SO YOU KNOW, IF YOU AREN'T COMMITTING THAT, THEN I DON'T KNOW THAT I CAN COMMIT TO YOU TO SAY, OKAY, YOU KNOW, THAT, THAT, YOU KNOW THAT THIS IS RIGHT. SO, SO I I, YOU KNOW, I'M STRUGGLING THERE A LITTLE BIT. I, I THINK THE REASON THAT WE WEREN'T DOING IT EVERY MONTH IS BECAUSE WE, WE WOULD DO, WE'VE BEEN DOING THIS FOR A LONG TIME. SO LIKE WHEN WE WOULD DO IT EVERY TWO TO THREE MONTHS, IT DIDN'T AFFECT US AT ALL. LIKE, IT DIDN'T AFFECT US WITH THE CITY. LIKE THE CITY WOULD NEVER REACH OUT TO ME. OKAY. SO, SO, SO, OKAY, SO, SO YES, IT DID AFFECT YOU FROM THE CITY. YOU JUST WEREN'T RESPONDING TO IT. 'CAUSE YOU'RE, YOU'RE, YOU ARE DELINQUENT AT THAT POINT. YOU KNOW, IF YOU AREN'T DOING IT EVERY MONTH, 'CAUSE THAT'S WHAT THE CITY CONTRACT SAYS. SO, SO, SO YOU ARE BASICALLY NOT, NOT CONSISTENT WITH THE CITY'S REQUIREMENT, BUT YOU AREN'T BEING, UM, PUNISHED FOR IT. I'LL, I'LL, I'LL USE THAT. UH, YOU KNOW, WITH REGARDS TO THE, THE OTHER SIDE OF THE CITY. SO, SO, YOU KNOW, SO I GUESS I HAVE A PROBLEM WITH THE WAY THAT YOU'RE STATING THAT. AND I'M SORRY I, NO, AND AND IT'S A HUNDRED PERCENT UNDERSTANDABLE. I GUESS IN MY, I DID NOT KNOW WE WERE DELINQUENT BECAUSE WE HAD BEEN DOING IT AND I NEVER GOT ANY NOTICE THAT I WAS EVER DELINQUENT UNTIL NOVEMBER OF 2024. THAT WAS LIKE, AND THEN THE NOTICES OBVIOUSLY THAT CAME AFTER THAT. I DIDN'T EVEN KNOW THAT I GOT THEM. SO, TO ANSWER YOUR QUESTION, I NEVER KNEW THAT WE WERE DELINQUENT WHEN WE HAD BEEN DOING THIS FOR A WHOLE YEAR. AND WE HAD BEEN CATCHING EVERY TIME WE WOULD WAIT, YOU KNOW, NOT THAT WE WOULD WAIT, BUT WE WOULD JUST CATCH IT LIKE, YOU KNOW, A MONTH OUT AND WE WOULD JUST CATCH BACK UP. AND SO IT NEVER, WE NEVER GOT, LIKE, BETWEEN THAT TIME WE NEVER GOT LETTERS. [00:35:01] LIKE HE, HE EVEN SHOWED LIKE WE NEVER GOT LETTERS WHEN WE FILED A MONTH LATER. LIKE IT. SO I DIDN'T KNOW I WAS DELINQUENT. I THOUGHT, I HONESTLY THOUGHT THAT WE COULD, AS LONG AS WE'RE STAYING WITHIN THAT TWO MONTH TIMEFRAME, WE SHOULD BE FINE. SO CHRISTOPHER CITY STAFF. SO, SO, UM, ARE THERE, SO WHEN, WHEN AN APPLICANT DOES MISS A PAYMENT FROM AVENUE, UM, ARE THEY NOTIFIED IMMEDIATELY, UH, WITHIN THAT MONTH THAT THEY'RE, THEY'RE NOW DELINQUENT OR, OR I GUESS WHAT IS THE COMMUNICATION BACK FROM THE CITY, I GUESS YO, THROUGH THIS PROCESS? YES, THEY DO RECEIVE 30, 60 AND 90 DAY NOTICES. AVENUE HAS CONTINUED TO SEND OUT LETTERS AFTER THE 90 DAYS. UM, AND I'D LIKE TO ADD ON THIS ACCOUNT IN THE 22 MONTHS THAT HE HAD HIS PERMIT, HE ONLY REPORTED AND PAID THREE TIMES. SO HE WENT INTO THE SYSTEM THREE TIMES ONLY. OKAY. ANY OTHER QUESTIONS FROM THE COMMISSION CREW? MR. CRUZ, UH, BOARD CITY STAFF. SO DOES THAT MEAN HE WOULD STILL BE BEHIND ON HOT TAXES EVEN THOUGH HE'S, HE ONLY WAS GOING IN MAYBE TWO TIMES A YEAR? YES. SO HE'S DELINQUENT NOVEMBER 23 AND DECEMBER 23. HE DID HAVE STAYS FOR THOSE TWO METS. OKAY. BUT CURRENTLY, I MEAN HE, HE'S STILL LOOKING FOR THOSE TWO MONTHS, BUT RIGHT NOW THE PLATFORMS WILL BE SUBMITTING THE HOT TAX. CORRECT. SO, OKAY, SO NOW IT'S MOSTLY A FILING ISSUE. YEAH. RIGHT. UM, IS THERE ANY VOICEMAILS OR ANYONE SIGN UP TO SPEAK? NO PUBLIC COMMENT. ALRIGHT, ANY FURTHER QUESTIONS FROM THE COMMISSION? ALRIGHT, THANK YOU VERY MUCH. WE'LL LOOK FOR A MOTION, SEE HOW THIS TURNS OUT. OKAY. BE COMMISSIONER BEVIS REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 1 5 0. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 7 0 4 COONEY WAY, APPLICANT BEING MITCHELL GONZALEZ BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH 1 1 1 0 D WHEN REVOKING THE SHORT-TERM RENTAL PERMIT IS THERE. SECOND, SECOND. SECOND BY COMMISSIONER MANNA. COMMISSIONER BEQUE. UM, I, I WILL NOT BE, UM, IN FAVOR OF THE APPLICANT. I APOLOGIZE, BUT I I THINK IT'S IRRESPONSIBLE. UH, I THINK THE CITY, UM, AND THE, THE CITY OF SAN ANTONIO DEPEND ON THOSE HOT TAXES THAT THEY'RE PAID. I THINK YOU'RE, YOU KNOW, BY SIGNING THE AGREEMENT AT THE END OF THE 30 DAYS AND AT THE END OF EACH MONTH, YOU'RE RESPONSIBLE WHETHER YOU, UH, WHETHER IT IS, UM, RENTED OUT OR NOT, UM, TO, UH, TO MAKE YOUR ACCOUNT CURRENT. THANK YOU. COMMISSIONER MANNA. UM, I CONCUR WITH MY COLLEAGUE. AND SO YOU, UM, REVIEWING WHETHER OR NOT THE CITY MADE A MISTAKE HERE AND REVOKING IT. UM, I DON'T SEE THAT A MISTAKE WAS MADE AND SO BECAUSE OF THAT, UM, I WON'T, I WILL NOT BE SUPPORTING THE APPEAL. ANY OTHER COMMISSIONERS LIKE TO ADD? I I JUST HAVE A QUESTION, MR. CHAIR. SO IF IT'S DENIED HERE TODAY AND HE REAPPLY AS A SHORT TERM TERM TWO, WOULD THAT BE A WHOLE DIFFERENT PROCESS OR STAFF? NO, THERE'S A ONE YEAR, UH, PROHIBITION ON A SUBSEQUENT STR APPLICATION. OKAY. SO THE PROPERTY COULD BE RENTED FOR LONGER THAN 30 DAYS WITHOUT HAVING TO OBTAIN A PERMIT, BUT NO STR PERMIT WOULD BE ALLOWED FOR ONE YEAR, ONE OR TWO. THANK YOU. CORRECT. OKAY. ALRIGHT. ANY OTHER COMMISSIONER COMMENTARY? HEARING NOW? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER BEVI. I DO NOT CONCUR. COMMISSIONER MAD. I DO NOT SUPPORT THE APPEAL. COMMISSIONER BARRINGTON? NO, I DO NOT AGREE. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER GOMEZ? I DO NOT CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. COMMISSIONER BROWN? ABSOLUTELY NOT. CHAIR ORIAN AND I DO NOT CONCUR. MOTION FAILS. ONE TO 10. ALL RIGHT, NEXT ITEM, ITEM TWO. GOOD AFTERNOON. MY NAME IS JOSEPH FLAS, SENIOR PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER TWO IS BO OA DASH TWO FIVE DASH 1 0 3 0 0 1 5 5 LOCATED AT 3 1 1 WEARING DRIVE IN COUNCIL DISTRICT ONE. UH, THE APPLICANT IS JENNIFER REESE OLIGER AND THE REQUEST IS FOR A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO ON THE BLOCK FACE. AND THE CURRENT ZONING [00:40:01] IS R FIVE FOR RESIDENTIAL SINGLE FAMILY, AGAIN, THE SUBJECT PROPERTY IS LOCATED AT 3 1 1 WARING DRIVE SURROUNDING LAND USES INCLUDE A RESIDENTIAL SINGLE FAMILY. UH, AGAIN, THEY'RE REQUESTING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO ON THE BLOCK FACE. UH, PER THE CITY CODE TYPE TWO ST SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS. ON THE BLOCK PHASE, AT LEAST ONE TYPE TWO SHORT-TERM RENTAL SHALL BE PERMITTED PER BLOCK PHASE REGARDLESS OF THE TOTAL NUMBER OF UNITS ON THAT BLOCK PHASE. SO THIS IS THE TYPE TWO DENSITY COUNT AND THERE ARE 10 UNITS ON THIS BLOCK PHASE, WHICH EXTENDS FROM 3 0 3 TO 4 2 7 WEARING DRIVE. ONE ACTIVE TYPE TWO IS CURRENTLY THERE AT 4 2 3 WEARING DRIVE AS INDICATED BY THE RED MARKER. UH, WITH THAT THE BLOCK FACE IS AT 10% AND IF THIS ADDITIONAL TYPE TWO IS APPROVED TODAY, THE BLOCK FACE WOULD BE AT 20%, WHICH EXCEEDS OUR DENSITY LIMITATION FOR TYPE TWO STR. UM, THE SUBJECT PROPERTY DOESN'T HAVE ANY CODE VIOLATIONS OR ACTIVE LISTINGS. THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, AND THEN THE SURROUNDING AREAS. STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS THE DENIAL OF THE APPLICANT'S REQUEST. AND THIS IS THE NOTIFICATION PLAN. WE MAILED OUT 25 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION. WE HAD NO RESPONSE FROM THE SHER HILLS RIDGEVIEW NEIGHBORHOOD ASSOCIATION. UM, AND THE FOUR CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE. AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. JUST A GOOD QUESTION. WAS THIS PROPERTY EVER A SHORT TERM RENTAL? NO SIR. ALRIGHT. UM, HAVE THE APPLICANT COME FORWARD. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SHORT TERM RENTAL. UM, MY NAME'S JENNIFER. UM, MY HUSBAND WAS SUPPOSED TO BE HERE, BUT HE, HE GOT CALLED OUT. SO YOU HAVE ME. UM, WE LOVE SAN ANTONIO, SO THAT'S ORIGINALLY WHY WE PURCHASED THIS HOME. WE COME OUT HERE, WE WANTED A PLACE TO BRING OUR FAMILY, OUR FRIENDS, INSTEAD OF KEEP COMING BACK AND STAYING IN HOTELS. WE FOUND THIS AREA BECAUSE IT'S CLOSE TO THE AIRPORT, CLOSE TO ALL THE ATTRACTIONS. UM, AND EVENTUALLY, HOPEFULLY WE CAN MOVE OUT HERE. AND SO THAT'S WHY WE FELL IN LOVE WITH IT, UH, BECAUSE WE CAN'T BE HERE AT THE TIME RIGHT NOW. WE GOT THIS IN HOPES WE CAN DO A SHORT TERM RENTAL WITH IT TO HELP OFFSET THE EXPENSES WHEN WE'RE NOT HERE. SO BEFORE CLOSING, WE CALLED THE PERMIT DEPARTMENT TO MAKE SURE THERE WERE NO PERMITS ALREADY. THAT WAS THE BIGGEST CONTINGENCY ON US CLOSING. UH, WE CALLED, THERE WERE NO PERMITS AT THE TIME, SO WE WENT AHEAD AND CLOSED MARCH 18TH. COME TO FIND OUT WHEN WE WENT TO APPLY ONE WAS JUST, UH, PROVIDED A PERMIT PROVIDED 4, 2, 3 ON MARCH 21ST. SO THAT STUNG. UH, AND NOW HERE WE ARE TRYING TO FIGURE OUT WHAT WE CAN DO. UM, WE'VE INVESTED IN EDUCATION FOR STR. WE DIDN'T GO OUT, WE'RE NOT GO, YOU KNOW, GOING AT THIS BLINDLY, NOT TRYING TO WING IT. WE SPENT ABOUT SIX MONTHS, UM, LEARNING HOW TO DO AN STR, UH, FIGURING OUT HOW TO DO IT FROM START TO FINISH, RUN IT, ALL THAT FUN STUFF. UM, AND WE'VE ALSO ENGAGED AND, UM, INVESTED IN A DESIGN COMPANY TO HELP, YOU KNOW, ATTRACT FAMILIES. 'CAUSE THAT'S OUR BIGGEST TARGET. WE'RE A FAMILY. WE HAVE FAMILIES, SO WE WANNA, UM, SO THAT'S WHAT WE'RE TRYING TO DO, BUT WE JUST NEED THAT PERMIT UNFORTUNATELY. UM, AND AFTER THE DENIAL, SO THAT'S THE, THE, WELL THAT'S THE COMPANY THAT WE WORK WITH. I AM STILL FRIENDS WITH A LOT OF 'EM HAVE CONTACT, SO IT'S NOT LIKE, AGAIN, I'M NOT GOING AT THIS BLINDLY. IF I HAVE ANY QUESTIONS, I CAN EASILY PICK UP THE PHONE AND GIVE HIM A CALL. UM, AFTER THE DENIAL, MY HUSBAND AND I TRIED TO GO LOOK AT OPTIONS FOR LONG-TERM RENTALS, BUT LONG-TERM RENTALS WITH OUR MORTGAGE AND THE COSTS, WE, IT JUST WON'T HAPPEN. IT JUST CAN'T HAPPEN TO HELP OFFSET THE COST. UM, AND PLUS IT JUST DEFEATS THE PURPOSE OF WHY WE ORIGINALLY PURCHASED THIS HOME. WE WANTED TO HAVE A PLACE WHERE OUR FAMILY AND FRIENDS CAN COME TO SAN ANTONIO AND FALL IN LOVE WITH THE HOME AS WE HAVE, YOU KNOW, THE CULTURE, THE HISTORY, THE CITY. UM, SO THAT'S WHY WE'RE HERE ASKING FOR AN EXCEPTION. UM, LIKE I SAID, WE LOVE THE CITY. WE HAVE SUPPORT. WE, I MEAN WE JUST, THAT'S WHY I'M HERE. OKAY. SO JUST TO BE CLEAR, YOU PURCHASED IT IN MARCH OF 2025? WE DID. OKAY. AND PRIOR TO CLOSING, THE BIGGEST CONTINGENCY WAS NO PERMITS. HAVE YOU PUT ANY MONEY INTO, UH, REMODELING THE HOME? WE HAVE AND, AND WITH THAT DESIGN PROGRAM AND THE COMPANY THAT WE HAVE WORKED WITH, UH, WE, UM, WE HAVE PUT MONEY INTO THAT AS WELL. ALRIGHT. AND FIXING UP THE HOME AND, UH, STAFF, IS THERE ANY VOICEMAILS OR, UH, ANYONE SIGNED TO SPEAK? [00:45:01] NO PUBLIC COMMENT. HAS ANY COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA? AND MAYBE A QUESTION FOR CITY STAFF OR, OR MAYBE THE APPLICANT AS WELL. SO, SO I KNOW THAT, YOU KNOW, SO WE HAD THE SHORT TERM RENTAL SPACE WITH REGARDS TO HOW, HOW PEOPLE LOOK FOR PLACES TO, TO GET TO. AND ARE, ARE THERE SIMILAR SPACES FOR THOSE, UM, FOR LIKE THE 30 DAY PLUS RENTALS? SO, SO THE, THE LONGER TERM RENTALS ARE THERE, IS THERE A SPACE, YOU KNOW, THAT'S, THAT'S A AVAIL OR, YOU KNOW, THAT PEOPLE GO TO NORMALLY FOR THOSE KIND OF THINGS? CERTAINLY. UH, NOTHING THAT DSD PROVIDES, NOTHING THAT I'M AWARE THE CITY PROVIDES. UM, THERE ARE CERTAINLY CITIES OUT THERE THAT REQUIRE REGISTRATION FOR ALL RENTALS, WHETHER IT'S LONG OR SHORT TERM. SAN ANTONIO DOES NOT REQUIRE REGISTRATION, SO I DON'T KNOW OF A PORTAL TO GO TO TO SEE IF ANYTHING LIKE THAT. SO, AND MAYBE, UM, I'LL ASK, TRY ONE MORE TIME THROUGH A SWING HERE. SO ARE THERE, UM, UM, SERVICES OUT THERE WHERE IT IS THAT ONE CAN LIST A HOME FOR MORE THAN 15 DAYS? SO, SO A 30 DAY RENTAL WHERE YOU CAN LIST IT AND I, I I JUST, YOU KNOW, DON'T KNOW IF THAT EXISTS OR NOT. I'M, I'M JUST MAKING THAT ASSUMPTION THAT THERE ARE SERVICES OUT THERE WHERE YOU CAN SAY, I WANT, YOU KNOW, I CAN GO OUT AND LOOK AND SAY I WANNA MOVE TO SOME CITY FOR 30 DAYS AND I CAN GO LOOK SOMEPLACE FOR THAT. I IMAGINE THERE ARE, UH, I THINK ZILLOW ADVERTISES LONG TERM RENTALS, SOME OTHER PLATFORMS LIKE THAT, BUT I'M, I'M NOT EXACTLY AN EXPERT IN THAT TERRITORY. OKAY. SO AND SO, AND, AND KIND OF BRING AROUND THE QUESTION. SO, SO AS YOU WERE LOOKING FOR, WE'LL SAY, WHEN I THINK OF LONG-TERM RENTAL, I'M THINKING A YEAR PERIOD WHEN, WHEN I THINK OF LONG-TERM RENTAL AND I DON'T KNOW WHAT THE INTERMEDIATE RENTAL IS FOR LIKE THE THE 30 DAY BUSINESS CLASS OF USER. AND SO, SO I DON'T KNOW WHAT SPACE THAT IS. AND SO, SO WHEN YOU WERE DOING YOUR RESEARCH, UM, YOU KNOW, WERE YOU LOOKING AT THE FULL YEAR RENTAL WHERE YOU, IT WASN'T GOING TO RESOLVE ITSELF VERSUS WE'LL SAY THAT INTERMEDIATE BUSINESS CLASS? CORRECT. SO LIKE MONTHLY AS IT SAYS RIGHT HERE, LIKE 2200 IS WHAT IT WAS GOING FOR. OR SIMILAR HOMES. 'CAUSE WE'RE A FOUR BEDROOM, TWO BATH. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? YES, YES. COMMISSIONER BROWN TO STAFF, I'M LOOKING AT THIS, UH, NOTIFICATION PLAN, EXCUSE ME, AND I'M LOOKING AT HER PROPERTY. SO ARE THERE 1, 2, 3, 4 PROPERTIES THAT ARE SHORT TERM OR LONG TERM RENTALS IN THAT AREA? IS THAT WHAT I'M LOOKING AT? SO CAN, CAN WE GO TO THE GREEN MAP? I'M SORRY. SO THE GREEN MAP ON THE SCREEN IS THE NOTIFICATION PLAN. THIS IS DIFFERENT. YEAH. I I THINK THERE ARE NINE PROPERTIES ON THIS BLOCK FACE. IS IT 10, 10 PROPERTIES ON THIS BLOCK FACE? AND THAT ONE AT THE TOP OF YOUR SCREEN IS THE LOCATION OF THE OTHER TYPE TWO STR. SO HOW MANY IS IN HER BLOCK FACE? JUST ONE RIGHT NOW. IT'S ONE. AND HOW MANY AROUND, AROUND THE SURROUNDING AREA. THERE ARE NO OTHERS. UH, WE, ON THIS SCREEN WE WOULD MAP OUT THE PRESENCE OF ANY OTHERS. SO THE O ONLY OTHER ONE IS THE ONE THAT'S ON THIS SAME BLOCK FACE. THERE'S NO OTHERS ON OTHER STREETS, AT LEAST AS FAR AS THAT MAP IS SHOWING. ALL RIGHT, THANK YOU. ALL RIGHT. UH, AND WHAT DAY DID YOU CLOSE IN YOUR HOUSE? MARCH 18TH. OKAY. IT LOOKS LIKE THE OTHER SHORT TERM RENTAL WAS ISSUED MARCH 21ST. MARCH 21ST. THAT'S CLOSE. OKAY. OKAY. UH, IF THERE'S NO OTHER QUESTIONS, MANNA, COMMISSIONER MANNA, SO, AND JUST TO ANSWER FOR, UM, MS. BROWN HERE. AND SO, SO THERE'S, THERE'S FOUR OTHER LISTINGS OF TYPE TWO WITHIN A QUARTER MILE AND SO, SO NOT AS DENSE AS UH, WE SEE ELSEWHERE, SO, ALRIGHT. ALRIGHT, WITH THAT I'M LOOKING FOR A MOTION MANANA. COMMISSIONER MANNA, UM, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 1 5 5, I'VE MOVED TO THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR ONE, UH, A TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 3 1 1 WEARING STREET APPLICANT BE AND JENNIFER REESE, UH, OLIGER BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC UM, AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THIS PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE. THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL [00:50:01] WAS APPROVED. C THE NEIGHBORING PROPERTY WILL 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. D ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RADIATION, OPEN SPACE, OR OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING APPEARS TO HAVE ADEQUATE UTILITY ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THIS SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22. UH, THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THIS APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH IS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING, MAINTAINING IT FROM THE NEIGHBORING PROPERTY. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THIS PROPERTY IS, UH, SEEKING THE SPECIAL EXCEPTION AND OF MOTION. SECOND, SECOND BY COMMISSIONER BEEZ, COMMISSIONER MANNA. SO, UM, SO I GENERALLY, UM, YOU KNOW, AM PRETTY STRICT, I GUESS WITH REGARDS TO, UM, MY POSITION ON SHORT-TERM RENTALS. BUT LOOKING AT THIS PROPERTY WHERE IT SITS AND THE NUMBER OF SHORT-TERM RENTALS IN THIS AREA, I DON'T THINK THAT THAT AREA IS OVERSATURATED AND I THINK UNFOR, YOU KNOW, IT'S AN UNFORTUNATE SET OF TIMING, UH, AND WE JUST, WE'RE HAVING DIALOGUE IN THIS, BUT IN THIS CASE, I THINK I WILL BE VOTING IN FAVOR OF THE CANDIDATE. ALL RIGHT. UH, COMMISSIONER BEES, I, I AGREE WITH MY, UM, COLLEAGUE, UM, COMMISSIONER MANNA. I, UM, I, I I AGREE WITH THE, THE DENSITY, UM, OF THIS AREA. AND ALSO I THINK IT'S UNFORTUNATE THAT YOU CLOSED ON THE 18TH AND IT WAS, UM, ISSUED A, A FEW DAYS LATER TALK ABOUT THE LUCK OF THE DRAWING, RIGHT? YEAH, THAT HURT. UM, SO I, I WILL BE IN FAVOR OF THE MOTION. ALL RIGHT, ANYONE ELSE LIKE TO ADD? UH, I'M ALSO GONNA BE IN FAVOR OF THIS ONE. UH, YOU KNOW, NO ONE'S OPPOSED TO IT. AND, UH, THIS WAS JUST ROUGH TIMING FOR THE APPLICANT WHO APPARENTLY IS, HAS, HAS, HAS JOINED A, UH, AN ORG SUPPORT ORGANIZATION, HAS TRIED TO DO EVERYTHING THE WAY THEY THEY NEEDED TO, BUT IT WAS JUST TOUGH. COMMISSIONER ZUNA. YEAH. SO I'LL BE IN SUPPORT AS WELL. THE RE THE, UH, PERMIT WILL BE UP FOR REVIEW IN THREE YEARS. SO IF SHE'S NOT OPERATING IT IN GOOD ORDER, WE'LL HAVE THE CHANCE TO REVIEW AND DECIDE WHETHER OR NOT WE CAN RENEW THE PERMIT OR NOT. SO I'LL, I'LL BE SUPPORTING. ALL RIGHT, THANK YOU VERY MUCH. IF THERE'S NO ONE ELSE I HAVE ROLL CALL, VOTE COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? YES, I'LL CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN, I CONCUR. CHAIR ORIAN. I AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES 90 TO TWO. UH, WE WILL SEE YOU BACK HERE IN THREE YEARS. THANK YOU. YOU HAVE ANY QUESTIONS? PLEASE GET WITH STAFF? YES, SIR. THANK YOU. ALL RIGHT. ITEM THREE. THANK YOU. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, SENIOR PLANNER OF DEVELOPMENT SERVICES. ITEM NUMBER THREE IS REQUESTED BY KIMBERLY DEVO AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HOT COLLECTION LOCATED AT 1211 SOUTH PINE STREET. THE SUBJECT PROPERTY IS LOCATED AT 1211 SOUTH PINE STREET. 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 BEAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS. SEVEN NOTICES OF DELINQUENCY WERE MAILED BY AVENUE FROM SEPTEMBER, 2024 THROUGH MARCH 20, 25. AND A FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON JULY 14TH, 2025. NO PAYMENT WAS MADE WITHIN THE 90 DAYS AND ONLY PARTIAL PAYMENT WAS MADE AFTER RECEIVING THE FINAL NOTICE OF DELINQUENCY ON JULY 14TH. THEREFORE, THE PERMIT WAS REVOKED ON JULY 29TH. THERE ARE A TOTAL OF FOUR UNITS ON THE BLOCK PHASE. THERE ARE ZERO ACTIVE STR TYPE TWOS ON THE BLOCK. [00:55:02] AND A LITTLE BIT OF THE BACKGROUND HISTORY ON APRIL 19TH, 2023, THEY, THEY WERE OPERATING WITHOUT AN ACTIVE PERMIT. THERE WAS NO VIOLATION ENDED CLOSED SHORTLY AFTER THEY SUBMITTED AN APPLICATION ON APRIL 21ST, 2023. ON MAY 1ST, 2023, THERE WERE ISSUED THAT ARE TYPE TWO. AND ON JULY 29TH, 2025, THE STR PERMIT WAS REVOKED DUE TO AUDIT COLLECTION AND THE SUBJECT PROPERTY DOES NOT HAVE ANY ACTIVE LISTINGS AS OF TODAY. THIS IS THE COMMUNICATION THAT WAS SENT OUT FROM AVENUE AND 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 OF THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL AND THERE WERE A TOTAL OF 33 MALE NOTICES. SEVEN IN FAVOR, ZERO IN OPPOSITION. DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR. AND THREE CI CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE. THIS CONCLUDES STAFF PRESENTATION. SO JUST TO BE CLEAR, SINCE THE LAST TIME THEY WERE HERE, THEY HAD NO SUPPORT AND NOW THEY HAVE SEVEN RESIDENTS AND THE NEIGHBOR ASSOCIATION. SO, UH, BEFORE THEY WERE CONTINUED, THEY DID HAVE THE SEVEN IN FAVOR. THE DENVER HEIGHTS WASN'T IN FAVOR UNTIL THEY PRESENTED TO THEM ON THE 13TH OF OCTOBER, AND THEN THEY SWITCHED THEIR, THEIR, UH, UM, DECISION TO BE IN FAVOR. AND DO THEY CURRENTLY HAVE ANY OUTSTANDING FILINGS OR INDEBTEDNESS TO THE CITY ON THIS? UM, LET SEE, FINANCE JULY, 2025. THEY HAVE NOT REPORTED. OKAY. THANK YOU VERY MUCH. THANK YOU. DOES HAVE THE APPLICANT COME FORWARD? GOOD AFTERNOON. HELLO. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR STR. UM, MY NAME IS, CAN I MOVE THIS? UM, MY NAME IS KIMBERLY DEVOL AND I HAVE THE STR AT 1211 SOUTH PINE. UM, WE ORIGINALLY WERE GOING TO OPEN THAT PIECE OF PROPERTY, UM, TO UTILIZE FOR OUR FOSTER KIDS THAT WERE TRANSITIONING OUT OF FOSTER CARE, UM, AS I'M ACTIVE WITH, UM, CASA, UM, CHILDREN'S COURT. AND I REALLY WANTED TO DO THAT. BUT AFTER PULLING FROM THE NEIGHBORS IN THE AREA, THEY PREFERRED THAT THE PROPERTY NOT BE UTILIZED FOR THAT BECAUSE THEY DIDN'T KNOW WHO WAS GONNA BE COMING AND GOING FROM THAT PROPERTY. SO I REEVALUATED BY, UM, QUESTIONING AND HAVING SIT DOWNS WITH THE NEIGHBORS AND THEY AGREED TO SHORT TERM RENTAL THAT THEY WOULDN'T HAVE A PROBLEM WITH IT. AND SO I ENGAGED WITH THEM IN, UM, YOU KNOW, HOW WE WOULD NOTIFY EACH OTHER OF THE COMINGS AND GOINGS OF INDIVIDUALS THAT WERE GONNA BE EXITING AND ENTERING THE PROPERTY, UM, SO THAT THEY FELT SAFE, YOU KNOW, FOR THEIR CHILDREN, INDIVIDUALS THAT WERE WITHIN THAT NEIGHBORHOOD. UM, SO MY INTENTION IS NOT TO, UM, OR IT IS TO PROVIDE THE SUPPORT, UM, THAT SHOWS THAT, UM, I DID NOT INTENTIONALLY NOT PAY MY HOT TAXES, UM, THAT IT WAS DUE TO PORTAL, UM, POOR COMMUNICATION AND INABILITY TO EXPRESS WHY DURING THAT PERIOD OF TIME I WAS UNABLE TO PAY MY HOT TAXES. UM, I THINK JUAN POSTED ON THERE THAT I WAS, UM, I THINK IT WAS IN MARCH, UM, WHERE I WAS RUNNING IT ACTIVE AND I, I DIDN'T, I I WASN'T RUNNING IT ACTIVE WHEN PEOPLE WERE UTILIZING IT, SO I JUST WANTED TO CLARIFY THAT. UM, SO I, CAN YOU GO DOWN TO ONE SO I CAN READ OFF THERE OR UP TO ONE SO THAT I'M NOT HAVING MY EYESIGHTS FOR? UM, SO FROM NOVEMBER 24TH, UM, THROUGH JULY 25TH, UM, I MADE REPEATED ATTEMPTS TO RESOLVE MY SHORT-TERM RENTAL OBLIGATIONS. UM, I WAS TRYING TO INFORM THEM BECAUSE I DID HAVE IT AS A STR AND IT WAS STILL REGISTERED AS A STR, BUT I ALLOWED MY STEPSON TO MOVE INTO THE HOME. UM, HE WAS NOT MAINTAINING IT, BUT I WAS TRYING TO GET A HOLD OF THE CITY AND AVENUE, WHICH I BELIEVE IT WAS LEGACY BEFORE THAT, UM, TO LET THEM KNOW THAT IT WAS NOT GONNA BE OPERATED AS A SHORT TERM RENTAL. AT THIS TIME, AS I HAD A LONG TERM, UM, RENTER IN IT, UM, I WAS ABLE TO GET AHOLD OF INDIVIDUALS. THEY DID MAIL, UM, INVOICES OR, UM, RECEIPTS FROM AVENUE, BUT THERE IS NO AREA WITHIN THAT MAILING THAT ALLOWS YOU TO STATE IT'S NOT BEING UTILIZED AS A SHORT-TERM RENTAL. I HAVE A LONG-TERM RENTAL IN IT. UM, I DON'T NEED TO PAY MY HO MY HOS AND THE PORTAL WAS NOT, UM, ACKNOWLEDGING ME IN THE PORTAL, SO I WAS UNABLE TO EVEN ACCESS IT TO PUT A ZERO AMOUNT IN THERE. UM, SO, [01:00:02] UM, I CALLED THE PHONE NUMBER THAT WAS ON THE MAILER THAT I GOT, WHICH IS THE NUMBER THERE. AND IT SAID THAT, UM, YOU KNOW, THE PHONE NUMBER WASN'T WORKING. THERE WAS NO LIVE AGENT FOR ME TO GET IN CONTACT WITH TO BE ABLE TO DO THAT. I SENT MULTIPLE EMAILS, UM, AS IT RELATES TO, UM, DELINQUENCY AND SHORT TERM TAXES. UM, THE EMAIL THAT THEY WOULD SEND ME, IT DIDN'T SAY NO REPLY. I REPLIED DIRECTLY BACK TO 'EM. I HAD NO RESPONSES BACK FROM THEM. UM, AND THEN ADDITIONALLY, WHEN I WAS CALLING, UM, IT WOULD SAY, UM, THAT THEY WERE HAVING A BUSY, THE LINES WERE BUSY, I WOULD HAVE TO CALL BACK AT A LATER TIME. UM, SO I WAS NOT ABLE TO ESTABLISH, UM, LIVE COMMUNICATION WITH ANY SINGLE PERSON. UM, SO I CONTINUED TO, UM, MAKE CONSISTENT COMMUNICATION. UM, EVEN WHILE IT WAS UNDER CONSTRUCTION, MY STEPSON WAS STAYING IN THERE FROM OCTOBER 24, UM, TO JUNE 25. UM, AND I EVICTED HIM DUE TO MY NEIGHBORS NOT APPRECIATING HIM, NOT MAINTAINING THE PROPERTY, UM, AND, UM, HAVING INDIVIDUALS OVER AND LOUD. SO I WAS LIKE, YOU NEED TO EXIT THE PROPERTY. UM, I PUT $6,000 OF REPAIR INTO THE PROPERTY, UM, TO MAINTAIN IT SO THAT IT IS NOT AN EYESORE, UM, WITHIN THE NEIGHBORHOOD. AND, UM, I DID RECEIVE, I DON'T KNOW THAT I HAVE TO READ THROUGH ALL OF THIS FOR YOU GUYS. UM, BUT I DID RECEIVE A, UM, EMAIL, UM, FROM THE CITY IN JULY STATING THAT THEY WERE REVOKING, UM, MY SHORT TERM RENTAL. I WAS ABLE TO REACH OUT, UM, AND FINALLY WAS ABLE TO GET AHOLD OF MELISSA. UM, MELISSA ASSISTED ME IN THE DIFFERENT PHONE NUMBERS, WHO I NEEDED TO TALK TO. UM, I MADE EVERY EFFORT, UM, TO GET THAT TAKEN CARE OF, WHICH I DID PAY ALL OF MY HOS. UM, THEY WERE PROCESSING IN THE PORTAL. UM, BUT NO, I DIDN'T HAVE TO PAY 'EM BECAUSE I DIDN'T HAVE ANYTHING TO REPORT. UM, SO IT SHOULD HAVE BEEN ZERO, WHICH I COULDN'T GET ON THE PORTAL TO BE ABLE TO PAY OR TO PUT ZERO. SO WHEN I WAS FINALLY ABLE TO GET INTO THE PORTAL, I WAS CHARGED A $20 LATE FEE FOR EVERY MONTH THAT I WAS NOT ABLE TO REPORT HOT. UM, AND THEN WHEN I RECEIVED THE NOTICE IN JULY, MELISSA HELPED ME, UM, I BELIEVE TYLER, UM, IS THE OTHER ONE THAT I, UM, REACHED OUT TO, AND HE WAS ABLE TO, UM, HELP ME. THERE WERE TWO IN THE PORTAL THAT WERE STILL IN THE PROCESSING ZONE, AND THEY WERE STUCK THERE. LIKE I COULDN'T CLICK ON THE BUTTON, I COULDN'T DO ANYTHING. UM, SO THEY STATED I NEEDED TO REACH OUT TO AVENUE AGAIN, UM, WHICH TOOK A COUPLE HOURS FOR ME TO FINALLY GET A LIVE AGENT. THEY HAD TO GO BACK IN THE BACK END OF THE PORTAL TO BE ABLE TO RESET MY PORTAL AGAIN, AND THEN THE, THE PAYMENTS PROCESSED. SO UP UNTIL THIS POINT, I NEVER HAD AN ISSUE PAYING ANY OF MY HOT TAXES. THEY WERE PAID ON TIME. I HAD NO DELINQUENCIES. EVERY MONTH WAS PAID FOR EVERY TIME I HAD SOMEBODY STAYING WITHIN THE RENTAL. OKAY. SO, UH, THE PAYMENTS THAT YOU MADE WERE JUST LATE FEE PAYMENTS? EXACTLY. OKAY. STAFF, IF SOMEBODY HAS A LONG-TERM RENTAL, UH, ON A PROPERTY THAT'S AN STR, THEY STILL HAVE TO FILE THE HOT, UH, THAT IS CORRECT. THE RESPONSE REPORT ZERO FOR THAT MONTH. UM, THAT COMMUNICATION WAS EXPRESSED WHEN THE PERMIT WAS ISSUED. AND ON THE AVENUE LETTERS, THE FIRST PARAGRAPH, WHICH WE CAN PULL UP FOR YOU, DOES IDENTIFY IF NO REVENUE WAS GENERATED TO REPORT ZERO. ALRIGHT. FOR THAT MONTH. UH, IS THERE ANY VOICEMAILS THAT ANYONE SIGNED TO SPEAK? NO, I PUBLIC COMMENT. ANY COMMISSIONER QUESTIONS? MAD COMMISSIONER. MAD. SO, SO WHEN IT IS THAT IT, UM, SHORT TERM RENTAL, UM, OWNER, UM, HAS ZERO REVENUE AND, AND THEY FAIL TO, UH, FAIL TO REPORT, THEN THERE'S A $20 $20 PENALTY FOR HAVING NOT REPORTED, CORRECT? CORRECT. OKAY. UM, OUCH. UM, SO THE, UM, THERE WAS DIALOGUE HERE WITH REGARDS, UH, FROM THE APPLICANT STATING THAT, UH, THEY WERE NOT ABLE TO ENTER THE ZERO AMOUNT FOR SOME REASON. DO WE, DO WE HAVE AN IDEA OF WHAT THAT WAS ABOUT OR UNDERSTAND WHAT MAY HAVE BEEN GOING ON AT THAT POINT? NO, NOT THAT I'M AWARE OF. I MEAN, WE HAVE 4,000 PEOPLE REPORTING ONLINE. I, I, I WILL SAY, AND CERTAINLY SABRINA, PLEASE CHIME IN FROM FINANCE AS WELL. THE, WHAT WAS DESCRIBED, THE PHONES NOT WORKING, THE INABILITY TO REPORT, I, I, I HAVEN'T HEARD THAT FROM ANY OTHER CUSTOMERS. SO THAT NUMBER THAT WAS LISTED IS CORRECT NUMBER DO, SO THE NUMBER SHE'S REFERENCING ON HER EMAIL, THAT'S NOT THE PHONE NUMBER EMAIL ADDRESS THAT'S IDENTIFIED ON THE, THE ANCY LETTERS THAT WAS SENT OUT. AS WE HAVE ON SCREEN, IT IDENTIFIES SA HOT INSIGHTS AS WELL AS THAT 8 8 800 [01:05:01] NUMBER ON THE LETTER THAT'S ON THE SCREEN RIGHT NOW. THAT'S WAS SENT OUT TO HER. I THINK SOME OF THE CONFUSION AS WELL, UH, IS THAT WHEN THE APPLICANT REACHED OUT TO US OR WAS ABLE TO FORWARD US SOME OF THE INFORMATION WHERE SHE WAS NOT GETTING RESPONSES, THERE WERE EMAILS SENT TO SUPPORT TEAM AND OR EMAILS SENT WITH TYPOS IN THE EMAIL ADDRESS, RIGHT? YEAH. UH, UH, COULD YOU, UH, REPEAT OR INSTANCE FURTHER EXPLAIN WHAT YOU SAID? SO WHEN THE CUSTOMER EMAILED, SHE EMAILED S HOT INSTEAD OF SA HOT AT, ON AND ON AND ON. SO THERE WERE OTHER COMMUNICATIONS THAT WERE SENT TO NON-EXISTENT EMAIL ADDRESSES. OKAY. ANY OTHER QUESTIONS? I HAVE A QUESTION. YES, COMMISSIONER BROWN. UM, MA'AM, WHEN YOU WERE TRYING TO MAKE ALL THESE FATAL ATTEMPTS TO, TO I GUESS TO RECONCILE WHATEVER IT WAS THAT YOU WERE TRYING TO DO, DID YOU, DID IT EVER DAWN ON YOU TO BRING YOURSELF PHYSICALLY DOWN HERE AND TALK TO SOMEBODY? YES, MA'AM. UM, I OWN A BUSINESS AND I TRAVEL FREQUENTLY. AND SO, UM, THE LAST TWO YEARS I'VE BEEN BACK AND FORTH IN SEATTLE. UM, SO IT, IT WOULD, IT, IT JUST WAS NOT, I DIDN'T HAVE THE TIME, UM, IN MY DAY, UM, TO COME DURING THE WORKING HOURS HERE. SO I DID CALL CONSISTENTLY. UM, I THINK MY BIGGEST PROBLEM WAS NOT BEING ABLE TO ACCESS THE PORTAL AND THE NOTICES WHEN I DID COME HOME. UM, WHEN YOU RECEIVE A NOTICE LIKE THIS, NOT FROM THE CITY, BUT FROM AVENUE, IT HAS REMIT. SO THAT'S ALL YOU CAN DO IS REMIT. YOU CAN'T SAY I'M NOT, I'M NO LONGER USING AS AN STR. THERE'S A LONG-TERM RENTER IN IT. THERE'S, THERE'S NOT THAT ABILITY TO COMMUNICATE THAT INFORMATION. WELL, IT, IT WOULD'VE BEEN THAT ABILITY HAD YOU BROUGHT YOURSELF DOWN HERE. ABSOLUTELY UNDERSTAND THAT, MA'AM. BUT IT WOULDN'T HAVE TAKEN, IT WOULDN'T HAVE TAKEN THAT LONG FOR, AND THIS IS A PART OF YOUR BUSINESS ALSO, SO IT WOULDN'T HAVE TAKEN THAT LONG FOR YOU TO COME DOWN HERE AND RESOLVE WHATEVER THE SITUATION WAS. YES, MA'AM. I UNDERSTAND THAT. THANK YOU. ALL RIGHT. COMMISSIONER BEEZ? YEAH, I, I, I'LL HAVE TO AGREE WITH MY, UH, MY COLLEAGUE FOR NINE MONTHS. THAT'S A LONG TIME, UM, FROM, UM, TO, TO NOT, UM, TO NOT TRY TO MAKE AN EFFORT, UH, UH, UH, EFFORT TO RE TO GET THIS RESOLVED. EVEN THOUGH YOU HAD A LONG-TERM, UM, TENANT IN THERE, YOU STILL ARE RESPONSIBLE ONCE YOU RECEIVE THE PERMIT TO, UM, TO ENTER A ZERO, UM, BALANCE FOR THE MONTH. ALL RIGHT. ANYONE ELSE LIKE TO ADD? ALRIGHT HERE. NONE. UH, IF THERE'S ANY OTHER COMMENTS YOU'D LIKE, WE WE'LL TURN THIS OVER FOR A MOTION. ALL RIGHT. WHO WOULD LIKE TO MAKE A MOTION? BEEZ COMMISSIONER BEEZ, REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 1 6 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 1 2 1 1 SOUTH PINE STREET, APPLICANT BEING KIMBERLY DEVOL BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH D WHEN REVOKING THE SHORT TERM RENTAL PERMIT. SECOND. SECOND BY COMMISSIONER CRUZ. COMMISSIONER BENAVIDES, THANK YOU. I, I CANNOT, UM, I'M NOT IN FAVOR OF, OF THE APPEAL. I DON'T THINK THAT THE CITY MADE, UM, AN ERROR IN THIS, SO I WILL NOT BE SUPPORTING. ALL RIGHT, COMMISSIONER CRUZ. I AGREE WITH MS. BEEZ. I DON'T SEE A REASON OF WHY IT TOOK SO LONG FOR IT TO GET, UH, CORRECTED, SO I CANNOT SUPPORT THE APPEAL. ANY OTHER COMMISSIONS LIKE TO ADD? UH, I'M JUST GONNA SAY I'M, I'M ACTUALLY GONNA BE IN SUPPORT OF THIS ONE FOR TWO REASONS. UH, WE RARELY SEE SO MUCH COMMUNITY SUPPORT, UH, FROM THE NEIGHBORS ASSOCIATION AND FROM NEIGHBORS FOR STR. SO WHEN I SEE THEM, THAT DOES, UH, SWAY ME SOMEWHAT. AND, UM, I HAVE TO SAY THAT HER RENTING THIS OUT AS A STR, IT SEEMS TO BE BETTER THAN THE ALTERNATIVE, WHICH IS HAVING YOUR STEPSON GO BACK OUT THERE, WHICH IT SEEMS LIKE THE NEIGHBORS DO NOT WANT. SO I'D RATHER HAVE THE CITY TRY TO MAKE SOME MONEY OFF OF THIS, UH, AS OPPOSED TO MAKING THE NEIGHBORS UNHAPPY. SO I'LL BE IN SUPPORT OF THIS. HAVE A ROLL CALL, VOTE PLEASE. COMMISSIONER BENAVIDES. I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? NO, I DO NOT. CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANNA? UM, I CONCUR WITH THE APPEAL. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? [01:10:01] I CONCUR. COMMISSIONER BROWN? I DO NOT CONCUR. CHAIR ORIAN. UH, AND I CONCUR. UH, BUT MOTION FAILS. UH, SIX TO FIVE. UH, YOU CAN REAPPLY IN A YEAR, BUT IF YOU HAVE ANY QUESTIONS UNTIL THEN, PLEASE, UH, GET WITH STAFF. OKAY, THANK YOU. THANK YOU. CAN CAN I SAY ONE MORE THING? SURE. UM, SO WHEN I DID POLL THE NEIGHBORHOOD, UM, PROBABLY ABOUT 40% OF THE HOMES THAT ARE WITHIN THAT STREET ARE RENTED OUT TO OTHER INDIVIDUALS, AND THEY'RE VERY POORLY TAKEN CARE OF. SO I THINK HAVING THE LONG-TERM RENTALS IS NOT, YOU KNOW, MORE APPLICABLE, UM, TO THE COMMUNITY. OKAY. SO I JUST WANTED TO MAKE THAT STATEMENT. THANK YOU. THANK YOU. ITEM FOUR, GOOD AFTERNOON. UH, TYLER ADAM PLANNER DEVELOPMENT SERVICES. UM, THIS IS BO OA DASH 25 DASH 1 0 3 0 0 1 9 4. SUBJECT PROPERTIES 1 1 0 4 DICKEY AVENUE COUNCIL DISTRICT FIVE APPLICANT IS SANDRA MONTE, AND THIS IS A REQUEST FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE FOR SHORT TERM RENTAL. IT IS A TYPE TWO SHORT-TERM RENTAL AND IS ZONED RESIDENTIAL SINGLE FAMILY. SUBJECT PROPERTY IS LOCATED AT 1 0 4 DICKEY AVENUE. SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY OFFICE AND A PARKING LOT. THE APPLICANT IS SEEKING A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPACE. THE SHORT-TERM RENTAL ORDINANCE STATES THAT AN OFF STREET PARKING SPOT SHOULD BE PROVIDED TO QUALIFY FOR A PERMIT. UH, THIS IS THE CURRENT BLOCK FACE. THERE ARE FOUR UNITS ALONG THIS BLOCK, FACE ZERO, UM, ACTIVE TYPE TWO SHORT-TERM RENTALS, ZERO SHORT-TERM RENTALS. UM, IN TOTAL, UH, SO THE BLOCK FACE DENSITY CURRENTLY WOULD BE 0%. UM, UH, AUGUST 26TH, 2025. THE APPLICATION WAS SUBMITTED FOR REVIEW ON SEPTEMBER 2ND. APPLICANT SPOKE WITH OUR TRAFFIC TEAM. TRAFFIC DETERMINED THAT THE PROPERTY LINES FALL EIGHT INCHES SHORT OF THE REQUIRED WIDTH FOR A PARKING SPACE. AND ON SEPTEMBER 4TH, THE APPLICATION WAS PLACED ON PENDING BOA DECISION, UH, INVESTIGATION PERMITTING HISTORY. THIS PROPERTY WITH, UM, PROPERTY OWNER, UM, DID PREVIOUSLY HAVE A SHORT-TERM RENTAL PERMIT ISSUED IN JULY OF 2022, WHICH EXPIRED JULY 23RD, 2023. UH, THERE'S NO CODE INVESTIGATION HISTORY AND NO ACTIVE LISTINGS. THIS IS THE PARKING PLAN THAT WAS SUBMITTED AS LONG AS WELL AS A PHOTO FROM THE SITE VISIT SHOWING THE, UM, PARKING SPACE TO THE SIDE OF THE HOUSE. AND THIS IS A PHOTO OF THE STREET SHOWING, UM, THE SURROUNDING PARKING, UM, ALONG THAT STREET, THE FLOOR PLAN THAT WAS SUBMITTED. AND THEN THIS IS THE SUBJECT PROPERTY AS WELL AS THE SURROUNDING PROPERTIES. UH, STAFF RECOMMENDS DENIAL AND THE NOTIFICATION PLAN. 36 NOTICES WERE MAILED, ZERO REF, ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION. UH, THEY ARE A PART OF COLLINS GARDEN NEIGHBORHOOD ASSOCIATION WHO HAS RESPONDED IN OPPOSITION, UH, FOR CITYWIDE GROUPS. WERE NOTIFIED WITH NO RESPONSE. AND THIS CONCLUDES STAFF PRESENTATION. APPLICANT IS HERE FOR QUESTIONS. OKAY, A COUPLE QUESTIONS. YOU SAID THIS WAS A SHORT-TERM RENTAL PREVIOUSLY, BUT IF THEY DIDN'T MEET THE PARKING TODAY, HOW DID THEY GET ONE BEFORE? WAS IT JUST AN ERROR? I THINK PROBABLY SIMILAR TO MY PRESENTATION IN WORK SESSION. IT WAS MISSED BY STAFF AT THE TIME. AND THEN A, A QUESTION FOR, UM, I BELIEVE WE HAVE A REPRESENTATIVE FROM THE, UH, STREET TEAM HERE. UH, QUESTION ABOUT THE PARKING. SO THERE'S SHOWN PARKING ON EITHER SIDE. IS THE ONE THAT'S EIGHT INCHES SHY, THE ONE ON THE RIGHT SIDE, OR THE ONE ON THE LEFT SIDE? I DON'T KNOW. UNFORTUNATELY I WAS NOT THERE, DID NOT MAKE THE MEASUREMENT. UM, I WILL SAY THAT THE ONE ON THE LEFT IS NOT EVEN PAVED, SO THAT WOULD NOT MEET CODE IF IT IS ON THE RIGHT SIDE, IT DOES APPEAR TO BE PAVED, BUT EVEN THEN IT WOULD APPARENTLY BE NOT WHITE ENOUGH. SO, AND DO YOU HAVE ANY IDEA, I MEAN, I DON'T KNOW, SINCE YOU, YOU MENTIONED YOU DIDN'T WEREN'T OUT THERE, BUT HOW WIDE IS THIS STREET? BECAUSE IT DOES, WE HEARD, UH, IT LOOKED LIKE THE STREET MAY NOT BE WIDE ENOUGH TO ALLOW FOR PARKING. DON'T YOU HAVE TO HAVE AT LEAST, UH, I DON'T KNOW, 18 FEET OF PA WIDTH OR SOMETHING TO HAVE A, TO PARK ON THE, ON ONE SIDE OF THE STREET? I'M TRYING TO REMEMBER WHAT THAT TABLE FROM THE UDC, UH, TO MY KNOWLEDGE, THE TABLE FROM, FROM THE UDC SAYS YOU HAVE TO HAVE 28 FEET OF PAVED WIDTH, OR YOU CAN ONLY PARK ON ONE SIDE OF THE STREET. THAT'S RIGHT. UM, BUT THIS, [01:15:01] THIS PARTICULAR, I, I CAN'T TELL YOU EXACTLY, BUT IT'S ABOUT 20, 22 FEET. YEAH. THERE'S NO WAY THAT THAT'S EVEN CLOSE TO 28. OKAY. MANANA COMMISSIONER MANANA. SO, SO, SO THE EIGHT INCH, SO TRYING TO UNDERSTAND WHAT THE EIGHT INCH IS, UH, WHAT IT'S SHORT OF. AND SO AS I TAKE A LOOK, IS IT, IS IT AVAILABLE SPACE THAT'S BEING USED AS A A, A DRIVEWAY OR YEAH. AS A DRIVEWAY PARKING SPACE? OR IS IT THE WIDTH OF THE STREET IS THE EIGHT INCH PIECE? SO I'M TRYING TO UNDERSTAND WHERE THAT EIGHT INCHES IS. YEAH, MY ASSUMPTION IS, LIKE I SAID, I DON'T KNOW IF THEY MEASURE ON THE RIGHT OR ON THE LEFT, BUT, UM, MEASURING FOR A NINE FOOT WIDE MINIMUM PARKING SPACE. RIGHT. UM, BUT THERE WAS ONLY APPARENTLY EIGHT FOOT FOUR INCHES BETWEEN THE SIDEWALL AND THE PROPERTY LINE. OKAY. AND THEN, UM, AND SO LOOKING, SO GOOGLE DRIVE ON THIS THING LOOKS VERY NARROW. AND SO IS THERE A, UM, A MINIMUM WIDTH REQUIRED FOR A FIRETRUCK TO BE ABLE TO GET DOWN THIS COMPONENT? BECAUSE IT BARELY LOOKS WIDE ENOUGH FOR A FIRETRUCK WITH ZERO CARS PARKED ON THE STREET. AND SO IF WE'RE BLOCKING IT AT ALL, YOU KNOW, THAT'S, THAT SEEMS LIKE THAT'S A HEALTH HAZARD FOR EVERYBODY ON THE STREET. IS THAT, AM I, AM I MISREADING THAT OR, OKAY, IT'S GENERALLY 20 FEET. YES, SIR. 20 FEET. OKAY. YEAH. 'CAUSE I MEAN, THE TRUCK, THERE'S A PICTURE OF A TRUCK PARKED THERE. WE'LL GIVE IT 12 INCH TIRES. IT LOOKS LIKE THAT STREET'S 15 FEET YO, AT BEST. SO IT LOOKS VERY NARROW FROM MY PERSPECTIVE. I, I WILL SAY JUST HIGH LEVEL, YOU KNOW, THERE ARE CERTAINLY PARTS OF SAN ANTONIO THAT WERE BUILT WELL BEFORE MODERN FIRE CODES AND ALL THAT WAS TAKEN INTO CONSIDERATION. SO THE OTHER THING THAT THE FIRE REVIEW TEAM WILL OFTEN LOOK AT IS THE ABILITY TO LAY HOSE FROM, EVEN IF THEY CAN'T PHYSICALLY GET A TRUCK ON SITE, THEY CAN GET A HOSE ON SITE. SO THE, THE BOARD SHOULD, UM, AT LEAST BE, UH, AWARE OF THAT AS WELL. RIGHT. AND THAT'S WITHIN, LOOKS LIKE IT'S WITHIN 200 FEET OF NO GTOS, BUT YEAH, EVEN THEN THE FIRE TRUCKS ARE 20 AND THEY LET YOU GO DOWN TO 14 IF YOU'RE GOING THROUGH A GATE. THAT'S ABOUT IT. UM, YEAH, I WAS JUST CURIOUS ABOUT, 'CAUSE IF IT'S EIGHT FOOT, IF IT'S EIGHT INCHES SHY, SO IT'S EIGHT FOOT FOUR INCHES, UM, I MEAN, THE PICTURE THAT WE'RE SHOWING, I'M JUST WONDERING, IS THAT EIGHT FOOT FOUR AT THE CHOKE POINT, OR DID YOU TRY TO DRAW A NINE BY 18 BOX? AND IS IT, AND, AND DOES IT HAVE IT PAST THE CORNER, THAT FRONT CORNER OF THE HOME? LIKE DO YOU KNOW WHERE THAT MEASUREMENT WAS TAKING PLACE? UH, I DO NOT. UM, I DID NOT SPEAK WITH THE TRAFFIC TEAM OR WITH THE INDIVIDUAL, UM, WHO SPOKE WITH THE APPLICANT. OKAY. UM, SO I DON'T KNOW WHERE THAT MEASUREMENT ULTIMATELY CAME FROM. OKAY. IF THERE'S NO OTHER QUESTIONS, HAVE THE APPLICANT COME FORWARD. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR, UH, PROJECT. YES. UH, MY NAME IS SANDRA ES. AND, UH, AND I DO HAVE, AND I DID SUBMIT THE LAND SURVEY WITH THE MEASUREMENTS. I DON'T KNOW WHAT HAPPENED TO IT. YEAH, THEY CAN, THEY CAN, UH, PROJECT IT IF YOU, UH, HAND IT. OKAY. SO, UM, THIS, UH, PROPERTY WAS, UH, A SHORT TERM RENTAL. UH, I, IT WAS ARBITRAGED BY SOMEONE ELSE. AND, UH, SO THEY, I HAVE THE ADDENDUM AND ALL THE PAPERWORK THAT'S REQUIRED FOR THE OWNER TO ALLOW SOMEBODY ELSE TO, UH, RENT IT OUT. UM, SO YES, THEY HAD, UH, VEHICLES PARKED ON EITHER SIDE OF THE HOUSE. UH, IT WAS NEVER AN ISSUE. UH, THE PROBLEM, UH, IN 23, HE HAD, UH, STOPPED, UM, BEING ABLE TO, UM, RENT IT OUT AS AN AIRBNB BECAUSE, UM, THE HOUSE NEXT TO IT, UM, WAS, UH, RENTED, UM, BY, UM, IT WAS HAVEN FOR HOPE TENANTS IN TRANSITION. AND IT WAS, UH, THERE WAS A LOT OF, UH, TRANSIENT IN THE AREA. SO THERE HE WAS HAVING A HARD TIME RENTING IT OUT BECAUSE OF THAT. THEN AS A RESULT, UH, THERE WERE TWO FIRES THERE. SO, UH, WHAT I WAS PROPOSING, UH, WAS NOT TO, UM, NOT TO HAVE PARKING ON THE RIGHT SIDE OF THE HOUSE, BUT RATHER ON THE LEFT BECAUSE IT IS AN EYESORE. AND HERE IS A PICTURE OF, UH, WHAT, UM, I WAS HOPING, UH, TO DO. UM, YES, THE, THE STREET WAS AN ALLEY. UH, I WOULD SAY IT WAS AN ALLEY. I WAS BORN AND RAISED ON THAT STREET. I LIVED ON, UH, A COUPLE OF THOSE HOUSES. AND THEN, UH, [01:20:01] MY MOTHER AND MY GRANDMOTHER, WE MOVED ON UP TO THE OTHER SIDE OF NO GTOS ON, UH, ALVAREZ. AND, UM, SO WHEN I BOUGHT THIS PROPERTY, UM, THERE WERE FOUR HOUSES. THIS, THIS, UH, HOUSE WAS BUILT IN 1932. AND ALL THESE HOUSES WERE BUILT FOR THE STOCK YARD, UH, WORKERS WHO WOULD GO TO THE RED LAND, UH, THAT'S UNDER THE EXPRESSWAY THAT DIDN'T EXIST IN THAT AT THAT TIME. SO THERE'S, THEY DIDN'T HAVE CARS. THEY WALKED TO WORK. SO, UM, NOW, UH, PEOPLE DO WA UH, PARK IN THEIR YARDS, WHATEVER AREA THEY CAN FIND. AND I HAVE PICTURES OF, UH, OF OTHER PEOPLE PARKING WHAT THEY, WHAT THEY CAN DO. UH, ALSO, UM, MARIA'S CAFE IS CATTY CORNER TO MY HOUSE, AND, UH, THEY HAVE A PARKING LOT THAT'S RIGHT NEXT TO ME. SO WHERE THAT TRUCK IS OR THAT VAN, UH, THERE'S A, AN EMPTY PARKING LOT THAT, UH, IS UTILIZED DURING, UH, MARIA'S CAFE BEING OPEN. AND, UM, UH, SO THAT IS, I MEAN, IT IS AN OPEN SPACE. IT'S, UH, A CARS ARE ABLE TO GO IN AND OUT FROM THAT SIDE APPROACH, UH, THE DRIVEWAY FROM THAT SIDE OF, UH, THE STREET. SO YOU SEE HOW THERE'S CARS THAT PARK JUST IN THE YARD THAT'S AN EMPTY LOT NEXT TO A HOUSE. SO THEY'RE ABLE TO PARK THERE. THAT'S THE CORNER HOUSE, AND THEY, THEY PARK ON THE SIDE OF THEIR HOUSE. UM, THE NEIGHBORS, UH, WERE WELL AWARE THAT THE PROPERTY WAS BEING USED AS A SHORT-TERM RENTAL, AND THEY WERE HAPPY WITH IT. UH, THEY WERE MORE CONCERNED ABOUT THE HOUSE THAT BURNT DOWN AND THE PEOPLE THAT WERE LIVING IN THAT HOUSE. AND SO NOW THAT IT'S BURNT, UH, IT, THAT PROPERTY'S BEEN SOLD TO SOMEONE ELSE WHO'S WORKING ON GETTING IT FIXED, UM, I THINK THEY'RE JUMPING THROUGH HOOPS TOO TO TRY TO, 'CAUSE IT HAS TO BE DEMOLISHED. UM, SO YES, UH, THERE WAS NO, NOBODY EVER SAID ANYTHING ABOUT NEEDING IT TO BE PAVED OR HAVE A, AN APPROACH. AND, UH, I SPOKE TO THE TRAFFIC PEOPLE, UH, A COUPLE OF TIMES IN SEPTEMBER WHEN I WAS TOLD THAT I NEEDED TO HAVE A PARKING SPACE. AND, UM, THE YOUNG MAN, UH, GAVE ME, UH, A DIAGRAM OF WHAT WAS NEEDED, BUT IT WAS, UM, IT WAS FOR A STREET THAT HAD A CURB AND A SIDEWALK, WHICH IT DOESN'T HAVE. AND I EXPLAINED THAT. AND SO HE SAID, WELL, UH, YOU KNOW, YOU CAN PROBABLY GET AWAY WITH, UM, IT NOT BEING AS WIDE, UH, OR AS LONG, AND, YOU KNOW, SO THAT, THAT'S WHY HE SAID THAT I NEEDED TO COME HERE TO TALK TO YOU ABOUT THAT. SO, UM, I DO HAVE TO HAVE AN APPROACH, AND I'VE TALKED TO, UH, A CONTRACTOR ABOUT THAT, AND AN ENGINEER IS SUPPOSED TO COME AND, UH, GIVE ME, UM, SOME DIAGRAMS ON HOW TO DO THAT. BUT I DIDN'T WANNA MAKE THAT EXPENDITURE UNTIL I KNOW THIS IS GONNA GO OR NOT. OTHERWISE, IT'LL HAVE TO BE A LONG-TERM RENTAL, WHICH I REALLY WOULD RATHER NOT DO. UM, BECAUSE THE SHORT-TERM RENTAL, OF COURSE, WOULD PROVIDE MORE INCOME FOR ME. AND I'VE INVESTED A LOT INTO THIS HOUSE. UM, I'VE, I'VE UP UPGRADED EVERYTHING, ELECTRICITY, ROOFING, PLUMBING. UM, I DO HAVE, UH, UH, SOME REVIEWS WHEN IT WAS, UH, UH, IN A SHORT TERM RENTAL. I MEAN, YOU CAN SEE THE LITTLE PICTURE OF WHAT IT LOOKED LIKE. I MEAN, WE PUT A JACUZZI TUB IN IT AND, UH, ALL THE APPLIANCES HAVE BEEN, UH, UPDATED NEW WATER HEATER, UM, LIKE I SAID, ELECTRICITY, PLUMBING, AND A NEW ROOF ON IT. AND WE'VE ADDED INSULATION TO THE WALLS AND INTO THE ATTIC. UM, SO IT IS A, A NICE LITTLE PROPERTY. OKAY. SO I'M GONNA CONCENTRATE ON THE PARKING ISSUE FOR NOW. OKAY. SO CITY CODE QUESTION, A RESIDENTIAL HOME THAT YOU KNOW ISN'T LOCATED OFF OF AN ALLEY AND VERY, VERY NARROW, THE TYPICAL CITY REQUIREMENT IS A 10 TO 20 FOOT DRIVEWAY CORRECT? FOR RESIDENTIAL, AND THAT'S CORRECT. AND SO IF, IF, UM, FROM THE SURVEY THAT SHE HAD, UH, PROJECTED, IF YOU COULD BRING THAT BACK UP, IT LOOKS LIKE SHE HAS, UH, FROM THE PROPER LAND OF THE CORNER OF THE HOUSE, LIKE EIGHT AND A HALF FEET AND IT, AND THEN AT 8.6 FEET, AND IT LOOKS LIKE THERE IS A NINE BY 18 BOX THAT IS AVAILABLE ON THE SIDE OF THE HOME. BUT THE ISSUES COULD, ARE SEEM TO BE THAT IT'S NOT PAVED AND THAT THERE'S THAT CHOKE POINT OF 8.6, SO SHE CAN'T MEET THE MINIMUM DRIVEWAY. ARE THOSE TWO ISSUES THAT SHE CAN WORK OUT WITH AN ADMINISTRATIVE VARIANCE WITH STAFF, OR DOES THAT HAVE TO COME HERE [01:25:04] BECAUSE THE CURRENT DESIGN WOULD BE A 100% DEFICIENCY IN PARKING. RIGHT. YOU KNOW, RIGHT. IN OTHER WORDS, ALL OF THE REQUIRED PARKING IS ONE SPACE, AND TO NOT HAVE ONE SPACE THAT'S COMPLIANT, THAT'S WHAT SEND IT TO THE BOARD. AND AS FAR AS THE PAVEMENT CONCERNED, WE, WE DO SEE SOME DRIVEWAYS THAT HAVE RIBBON, UH, PAVERS WHERE THE TIRES ROLL ON, BUT THE REST IS GRASS. IF, IF THIS APPLICANT WERE TO DO THAT, THAT WOULD ALLEVIATE THE PAVING PORTION OF THIS ISSUE. THAT WOULD BE AN OPTION, YES. OKAY. SO WHAT, SO REALLY WHAT THIS BOARD IS, IS DEALING WITH IS, IS THIS CHOKE POINT OF 8.6 FEET UNTIL YOU GET TO A NINE BY EIGHT PARKING SPACE. I THINK THAT THAT'S WHAT THE REAL PREMISE OF THIS, OF THIS APPLICATION IS. SO, UM, MANNA, I JUST WANTED TO MAKE SURE I, I I POINT THOSE THINGS OUT, UH, TO THE COMMISSION AS WE DELIBERATE ON THEM. MANNA, COMMISSIONER MANNA, COULD YOU, UM, ON THIS MAP IT'S SHOWING HERE, YOU KNOW, TALK ABOUT THE CHOKE POINT AND, YOU KNOW, DESCRIBE WHAT IS IT YOU'RE, YOU KNOW, POINTING TO OR, OR DISCUSSING? YEAH, SO ON THE RIGHT, ON THE LEFT OF THE FRONT CORNER OF THE HOUSE, SO THERE'S A DIMENSION OF EIGHT, UH, FOOT 8.6 FEET. SO THAT'S SLIGHTLY OVER EIGHT AND A HALF FEET. AND SO, UH, A VEHICLE PARKING SPACE COMPLIANT IS NINE FOOT WIDE BY 18 FEET WIDE. SO ONCE THE VEHICLE PASSES PAST THE CORNER OF THE HOME, THERE IS AN AVAILABLE SPACE THAT IS NINE FEET WIDE BY 18 FOOT DEEP. I THINK WHAT, WHAT'S KEEPING THIS FROM BEING CONSIDERED COMPLIANT WITH STAFF IS THAT IT'S NOT PAVED, WHICH COULD BE ALLEVIATED BY SOME PAVERS ALONG WHERE THE WHEELS WOULD GO. UH, AND, UH, THIS CHOKE POINT BEING LESS THAN NINE FEET WIDE OR, OR 10 FOOT WIDE, BECAUSE A CITY DRIVEWAY THEORETICALLY SHOULD BE 10 FOOT WIDE ON A, ON A RESIDENTIAL HOME. BUT BECAUSE THIS IS OFF AN ALLEY BUILT IN 1932, THERE'S JUST SOME PROPERTIES THAT JUST CAN'T DO IT. THAT'S WHY IF YOU GO TO SOME PARTS OF TOWN, YOU MIGHT SEE A VERY NARROW HOME SHARING A DRIVEWAY APRON THAT ARE STRADDLED ON A PROPERTY LINE, IF YOU'VE EVER SEEN THAT. UH, THERE'S ACTUALLY SOME OF THAT IN THE BLOCK OPPOSITE HERE, OR AT LEAST THERE WAS A FEW YEARS AGO. UM, AND THAT'S, SO THAT, THAT DOES HAPPEN SOMETIMES. SO THIS, I THINK THE REAL ISSUE HERE IS THAT 8.6 DIMENSION IS NOT, UH, MEETING THE 10 FOOT MINIMUM FOR A DRIVEWAY. AND THEN ALSO, UM, THE FACT THAT IT'S NOT PAVED FOR THE PARKING AREA, DEAN, COMMISSIONER DEAN, THE GAS METER ALSO EXISTS ON THAT SIDE. YEAH, I WAS GONNA BRING THAT'S, THANK YOU. I WOULD ALSO LIKE TO ADD, YOU KNOW, BACK BACK THEN THE HOUSE, YOU KNOW, THERE WAS NOT SHORT TERM RENTALS BACK THEN. THIS IS A NEWER FEATURE, UH, SINCE 2019. UM, SO YOU INTRODUCED RISK OF, YOU KNOW, NOT BEING FULLY COMPLIANT, UH, ESSENTIALLY. UM, SO JUST KEEP THAT IN MIND AS WELL OVER. ALL RIGHT, SAVANNAH. SO, SO THAT'S WHAT I WAS, I WAS GONNA BRING UP. SO, SO LOOKING AT THE STREET VIEW, UH, LOOKING AT THIS HOUSE, SO THE TELEPHONE POLE THAT'S THERE LOOKS LIKE IT'S LINED WITH THE FRONT CORNER, SO THAT ONE MAY NOT BE IN THE WAY. SO IT'S NOT NECESSARILY BLOCKING, UH, ENTRY THERE, BUT IT DOES LOOK LIKE THERE'S A LOT OF CONCRETE OR ASPHALT THERE THAT'S PROVIDED FROM THE OTHER PARKING LOT. SO, UM, SO IT LOOKS LIKE IT'S ALMOST THERE EXCEPT FOR THE COMPONENT WITH REGARDS TO THE GAS METER BEING THERE. AND SO IF I'M, UH, EIGHT FOOT, UH, FIVE INCH THERE AND THE METER STICKS OUT ANOTHER FOOT OR TWO FOOT, THEN I'M REALLY ONLY SIX AND A HALF FEET THERE TO GET BY TO THAT BACK SECTION. UM, YOU KNOW, SO THAT'S POTENTIALLY, YOU KNOW, I GET ANOTHER RISK OR A DIFFERENT, DIFFERENT KIND OF RISK. HAVE YOU REACHED OUT TO THE, TO THE NEIGHBOR TO SEE IF THEY WOULD ALLOW YOU TO AT LEAST DRIVE ON THEIR PROPERTY TO GET TO YOUR PARKING SPACE? OR HAVE YOU HAD ANY COMMUNICATION WITH RESTAURANT? WELL, THAT WOULD BE, UH, MARIA'S CAFE AND WE, AND WE'VE BEEN WORKING TOGETHER, I MEAN, SINCE I BOUGHT THE PROPERTY IN 2016, UH, IT'S, I MEAN, IT'S ESSENTIALLY, IT'S JUST, I WISH, I WISH I HAD TAKEN A PICTURE, BUT IT'S AN OPEN LOT AND, UH, SO YES, I MEAN THAT'S WHAT WE DO. WELL, IT'S OPEN NOW, BUT SHE DOES HAVE, UH, TOW AWAY SIGNS. IT DOESN'T APPARENTLY. RIGHT? WELL, I MEAN, I, I WASN'T GONNA PARK THERE, BUT I MEAN, THEY CAN MAKE THE TURN INTO THE DRIVEWAY IS WHAT I'M SAYING TO AVOID. OKAY. MANNA, YEAH. COMMISSIONER MANNA. SO, UM, CAN, COULD YOU ALSO PICK UP, YOU HAD TO RENDITION WHERE YOU'RE SHOWING, UH, UH, UM, I GUESS WHERE YOUR PROPOSED PARKING SPACE THERE, SO, UM, AND THAT WAS IN HER PRESENTATION? I THINK SO. [01:30:04] SO JUST TRYING TO UNDERSTAND THAT PICTURE THERE. SO, SO THE PROPOSED PARKING IS THAT, UM, IS THAT AFTER REMODEL AND THAT'S THE EXISTING STRUCTURE NOW? YES, SIR. OKAY. AND SO SPACE THERE IS THAT, IS THAT SPACE ACTUALLY PARKING, UM, ON YOUR PROPERTY AND NOT ON ANY OF THE, UM, CAFE? SO, SO, SO IT'S, LET'S SEE. WELL, TO BE HONEST, I MEAN IT MAYBE THERE IS PART OF THE VEHICLE THAT IS ON THE CAFE SIDE. OKAY. BUT, UH, I MEAN, YOU KNOW, THAT PICTURE THAT'S SHOWN ON THE RIGHT, IS THE GAS METER GONE? WHAT IS NO, WE HAVE A POLE, A CONCRETE POLE THAT PROTECTS THAT FROM UH OH, OKAY. BY THE, ON THE SIDE OF THE GAS METER. OKAY. I CAN SEE THAT NOW. MM-HMM . ALRIGHT, OTHER QUESTIONS? YEP. MR, I HAVE A QUESTION. ARE, ARE WE TALKING ABOUT THE REMEDIES HERE FOR THE PARKING ON THE LEFT SIDE IN LIEU OF THE, UH, WAIVER OF THE ONE STREET PARKING SPACE? OR WHAT WOULD'VE WELL, MY SIDE LINE OF QUESTIONING WAS THE FACT THAT, YOU KNOW, WE'RE HERE BECAUSE SHE DOESN'T PROVIDE A COMPLIANT PARKING SPACE AND THAT, THAT THE ISSUE OF COMPLIANCE IS TWOFOLD. IT DOESN'T HAVE A 10 FOOT ACCESS DRIVEWAY, AND NUMBER TWO, IT DOESN'T HAVE A NINE BY 18 SPACE, UH, THAT THEY CAN, SO THE DISCUSSION HERE IS TO PROVIDE THAT COMPLIANT PARKING SPACE. WELL, I WAS, I WAS TRYING TO FIGURE OUT HOW FAR OFF IT WAS. SO, SO IF IT WAS POSSIBLE FOR A CAR TO BE THERE AND IT WAS OFF THREE INCHES FROM BEING THE, THE CITY MINIMUM WIDTH VEHICLES AREN'T ALLOWED TO BE MORE THAN EIGHT FEET WIDE ANYWAY. SO IT'S NOT, AND, AND I KNOW THEY HAVE A REQUIREMENT OF NINE FEET, BUT IF SHE CAN SHOW, LIKE IF I WERE TO SEE THAT THERE WAS EIGHT AND A HALF FEET OR 8.6 FEET OF AVAILABLE ROOM, THAT WIDEN UP A LITTLE BIT AS HE GOT PAST THE CORNER OF THE HOME, THAT MIGHT, UM, DO IT FOR ME. BUT THAT WAS JUST WHERE I WAS GOING WITH IT. AND THAT WOULD BE YOU WAIVING THE REQUIREMENT FOR THE SHORT TERM? THAT WOULD BE ME AGREEING WITH THE WAIVER, AGREEING WITH THE WAIVER WAIVER BECAUSE SHE CAN COMPLY WITH JUST THAT WAS, YEAH, IF WE AGREE WITH THE WAIVER, A CAR, IF A CAR COULD FIT THERE, BUT IT DIDN'T MEET THE, THE STANDARD MINIMUM FROM THE CITY. THAT WAS JUST SOMETHING I WAS JUST WONDERING COMMISSIONER DEAN? WELL, UH, JUST CAN I JUST SAY ONE THING? SO, OKAY, GO AHEAD PLEASE. COMMISSIONER, DEAN, THE, THE ROAD, I MEAN IT SEEMS SOMEWHAT RECENTLY PAVED CONCRETE AND THE CITY DIDN'T PUT IN A, A DRIVEWAY AND I ASSUME BECAUSE IT, IT COULDN'T FIT, UH, RIGHT AT COMPLIANT ONE. UM, AND THEN WE KNOW THAT IT HAS TO BE PAVED SPOT, RIGHT? THAT'S, THAT'S PART OF THE COMPLIANCE TOO. THE, NOT ONLY THE LENGTH AND THE WIDTH, BUT THE, THE, THE PAVED PORTION OF IT. RIGHT. UM, SO I JUST PUTTING THAT OUT THERE, THAT'S WHY I WAS ASKING ABOUT THE RIBBON CURVE. 'CAUSE YOU HAVE SOME PEOPLE THAT WILL PUT JUST LIKE PAVERS DOWN JUST WHERE THE WHEELS RIDE AND THAT SEEMS TO WORK, YOU KNOW, IN, IN NEAR SAC AND STUFF LIKE THAT. BUT IF I MAY CHAIR, YES. UM, SO WITH THE MEASUREMENTS PROVIDED ON THE SURVEY, WE'RE, WE'RE EFFECTIVELY TALKING ABOUT A PARKING AREA THAT IS DEEP ENOUGH. IT IS NOT WIDE ENOUGH BY 4.8 INCHES. UM, WE DON'T TAKE, UH, REQUESTS TO THE BOARD TO MODIFY THE CITY'S ADOPTED STANDARD FOR A PARKING SPACE WIDTH, WHICH IS WHY THIS IS NOT PROCESSED LIKE A, A, A VARIANCE TO THE MINIMUM WIDTH. THE ALTERNATIVE IS SIMPLY TO WAIVE THE PARKING SPACE ENTIRELY BECAUSE THE, THE SPACE PROVIDED ON SITE DOES NOT MEET THE MINIMUM REQUIREMENT FOR A PARKING AREA. MA, COMMISSIONER MAN. SO THE, WHERE, WHERE I WAS HEADING TO IS I KNOW THAT THE CITY ON OCCASION WILL GIVE AN ADMINISTRATIVE VARIANCE AS THEY LOOK AT VARIOUS CODES. AND SO, SO WHERE I WAS GOING IS IF I IGNORED OR IF WE DIDN'T VOTE ON THIS AT ALL, COULD THE CITY COME BACK AND GIVE AN ADMINISTRATIVE VARIANCE ON THE WIDTH HERE? UM, WE, WE ARE, UH, UNDER VERY LIMITED CIRCUMSTANCES ABLE TO GRANT UP TO SIX INCHES ADMINISTRATIVELY, BUT THAT IS FOR THE PURPOSE OF A SETBACK OR A FENCE, UH, HEIGHT MEASUREMENT THAT DOES NOT APPLY TO THE MEASUREMENT OF A MINIMUM, UH, WIDTH FOR A PARKING SPACE. SO THAT'S NOT SOMETHING WE COULD DO. WELL, OKAY. IF THERE'S NO VOICEMAILS, ANYONE SIGN UP TO SPEAK ON ONE VOICEMAIL? ALRIGHT, WE DO HAVE, UH, ONE SPEAKER AND TWO VOICEMAILS. WELL, LET'S HEAR THE VOICEMAILS AND THEN WE'LL HEAR THE SPEAKER AND THEN WE WILL SEE IF THERE'S ANY QUESTIONS. [01:35:05] GIVE US ONE SECOND. WE'RE HAVING SOME TECHNICAL DIFFICULTIES. LET'S HAVE THE SPEAKER COME UP AND WHILE WE'RE WAITING ON THE TECHNICAL DIFFICULTIES, I GOT IT. MR. TIM BEZA, SIR, JUST TO VERIFY, DID YOU LEAVE A VOICEMAIL? YES. OKAY. DO YOU WANT TO SPEAK OR DO YOU WANT YOUR VOICEMAIL TO SPEAK? OKAY. OKAY. UH, GOOD AFTERNOON GUYS. MY NAME IS TOM. YES. UH, AND SHE IS CORRECT. WE NEED YOU TO STATE YOUR NAME INTO THE MIC 'CAUSE THEY RECORD. SIR, UH, YOU HAVE TO STATE YOUR NAME IN THE MICROPHONE. OKAY. MY NAME IS TOM BESA. YES SIR. ALRIGHT. UH, WE WERE SENT THESE LETTERS AROUND OUR NEIGHBORHOOD. WE ARE ADJACENT TO HER HOME, WHICH SHE'S TALKING ABOUT. UH, THE BIGGEST PROBLEM, JUST TO CORRECT EVERYBODY ELSE AROUND HERE ASKING QUESTIONS, THE WIDTH OF THE STREET IS ONLY 13 FEET, SIX INCHES. 'CAUSE I'VE MEASURED IT MANY TIMES AND I WAS THERE WHEN THE DAY MARIA , SORRY. OH, DON'T PUT IT ON PAUSE. GO AHEAD. SORRY. SORRY. OKAY. IT IS EXTREMELY HARD FOR ANYBODY TO PARK IN THE STREET. MOST OF THE TIME AT THE CAFE. EVERY SINGLE DAY I'M ALWAYS OBSERVING TRYING TO HELP PEOPLE PARK. WE UNDERSTAND THEY WANNA DO THIS AND THE OTHER, I I ASKED THEM TO PARK WAY OR GO AROUND THE CORNER, EXTREMELY DIFFICULT FOR A FIRE TRUCK TO FIRE. HE HAD JUST STATED THAT THERE WAS TWO FIRES WHEN HE CAME TO WORK ONE MORNING THE FIRE WAS GOING ON. WE HAD TO DRIVE ALL THE WAY AROUND. AND FOR ME TO WALK IN BETWEEN THE FIRE TRUCK AND THE EDGES OF THE, OF GRASS, WHATEVER I COULD, WAS VERY DIFFICULT. UH, SO THAT'S HOW NE NARROW THE STREET IS. I GUESS THE NEIGHBORS AROUND THERE AND PROBABLY HAVE, UH, MISUNDERSTOOD THAT THEY, THEY WERE ASKING FOR MAYBE BE ALLOWED, BE ALLOWED TO BE PARKED ON THE STREET. SO THIS IS THE REASON WHY WE'RE HERE. 'CAUSE THIS IS OUR FIRST TIME HEARING TO, UH, AND I I I BACK HER UP A WHOLE HUNDRED PERCENT. IT'S, I'M UNFORTUNATE THAT HER PARKING AREA THAT SHE'S ASKING FOR IS NOT WIDE ENOUGH FOR THE MEASUREMENTS. 'CAUSE I, I DON'T KNOW ANYTHING ABOUT THAT. NOW, SHE DID SAY ABOUT OUR PARKING SPOT AT MARIAS. WE DO. AND YOU'RE RIGHT ABOUT HAVING THOSE, UH, SIGNS UP. WELL, UNFORTUNATELY LAST WEEK, SATURDAY WHEN WE'RE LEAVING, THE SIGNS WERE TAKEN DOWN. DON'T KNOW FROM WHERE. UH, MORE LIKELY, AND I'M ONLY STATING SOMETHING, THERE IS A BAR RIGHT AROUND THE CORNER JUST RECENTLY OPENED, I GUESS LAST YEAR SOMETIME. AND THERE'S A LOT OF PEOPLE AT NIGHTTIME THAT LOVE TO PARK THERE AND ESPECIALLY IN HER LITTLE SPOT AND IN FRONT OF THAT, THE HOUSE RIGHT ACROSS FROM HER BELONGS TO US. THE EMPTY LOT BELONGS TO US. AND THE PROBLEMS THAT WE'VE HAD WHEN THE BAR WAS WAY BEFORE THIS ONE OPENED, EVERYBODY PARKS ANYWHERE THEY CAN, THEY LEAVE YOU TRASH BOTTLES, WHATEVER ELSE YOU CAN THINK OF. THAT'S WHAT THEY DO. RECENTLY WHEN WE LEFT SATURDAY, WE NOTICED THAT THOSE, UH, UH, TOWING SIGNS WERE GONE. IT COULD HAVE BEEN MAYBE THE PEOPLE IN THE, NOT, NOT THEM, BUT MAYBE, UH, UH, PEOPLE THAT GO TO THAT PLACE MIGHT HAVE TAKEN IT DOWN SO THEY COULD TAKE ADVANTAGE OF PARKING OUR LOT. WE HAVE NEVER BEEN AGAINST ANY OF HER RENTERS PARKING THERE. NEVER HAVE. BUT WE DO, I DO EXPLAIN TO HER WHEN THEY'RE COMING IN AND NOW OF COURSE DURING WORKING HOURS, YOU KNOW, IT'S ALMOST IMPOSSIBLE FOR HER TO PARK THERE. BUT WE TRY, MY WIFE AND I, WE TRY TO BE, AS YOU KNOW, AS HELPFUL WE CAN WITH EVERYBODY. I'M OVER THERE. I TELL 'EM, LOOK, UH, IF SOMEBODY PARKS SAY AFTERWARD, WE, WE GO TO THE STORE AFTER WE COME BACK AND I SEE SOMEBODY PARK IN THE LOT, I'LL KNOCK ON THE DOOR AND I'LL ASK HIM, PLEASE GUYS, I'M ON. YEAH, I'M TRYING TO HELP YOU OUT. YOU SEE THOSE, UH, TOWING SIGNS RIGHT THERE? UH, WHEN WE'RE GONE, YOUR CAR, I GONNA BE TOWED. THERE'S A SMALL PARKING AREA ON EITHER SIDE OF THE OTHER HOUSE. I WOULD ASK YOU TO PARK ON THE RIGHT SIDE OF THE HOUSE, NOT THE LEFT BECAUSE OF THE CONCRETE BARRIERS THAT SHE HAS ON THE, ON THE THING ON THE, ON THE GAS MIRROR. UM, SOMETIMES DURING THE MORNING TIME WHEN WE GET TO EARLY, I'M READY TO SPEAK. YEAH, IT'S, IT'S A, THE THREE MINUTES UP. BUT I WANTED TO ASK YOU A QUESTION. ARE YOU IN SUPPORT OF, OF THIS WAIVER OR I WOULD, I'M IN SUPPORT. I, LIKE I SAID, WE DIDN'T KNOW THAT'S WHAT SHE WAS ASKING FOR, A DRIVEWAY FOR EARL EITHER SIDE OF THE HOUSE. BUT, UH, I ALWAYS STATING THAT, UH, IT'S, THE STREET'S VERY NARROW. I KNOW Y'ALL TALKED ABOUT IT FOR A WHILE, BUT, UH, I'M, I'M, THAT'S ALL I NEED TO SAY. OKAY. THANK YOU VERY MUCH. ALRIGHT SIR. YOU'RE WELCOME. SO WE HAVE ONE VOICEMAIL TO LISTEN TO THE HOUSE AT 1 0 5 DICKEY RIGHT ACROSS FROM 1 0 5, 1 0 4 DICKEY. I'M CALLING TO OPPOSE THE CASE NUMBER B 0 8 2 5 1 0 3 0 1 94. THE LITTLE STREET IS TOO NARROW TO PARK VEHICLES. NO ROOM FOR TRASH TRUCKS OR EMERGENCY VEHICLES. THANK YOU. [01:40:02] ALRIGHT, SO THE APPLICANT COME BACK FORWARD. UH, MISS, OH, SORRY. YEAH, UH, WE'LL SEE IF THERE'S ANY QUESTIONS. UH, IS THERE ANY, UH, QUESTIONS ON THE COMMISSION? IS THERE ANYTHING YOU'D LIKE TO ADD BEFORE WE DELIBERATE? UH, I WAS JUST GONNA MENTION THAT I WAS, WHEN I WAS LOOKING AT THE CODES, THAT THERE WAS, UH, AN OPTION FOR COMPACT CAR PARKING, WHICH IS, UH, UH, THE REQUIREMENT WAS EIGHT FOOT WIDE. WELL COMP, THE, THE COMPACT PARKING IS ONLY ALLOWED, UH, TO A CERTAIN PERCENTAGE, BUT IT CAN'T BE THE SOLE SPACE YOU HAVE. IS THAT TRUE? IT'S 30%. 30%, BUT IT CAN'T BE THE ONLY. THAT'S CORRECT. OKAY. OKAY. WELL THAT'S IT, THAT'S ALL I HAVE. JUST ALL RIGHT. IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION CRUZ. MR. CRUZ, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 1 9 4, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A PARKING ADJUSTMENT TO WAIVE THE ONE REQUIRED OFF STREET PARKING SPOT SPACE. I'M SORRY, FOR A SHORT TERM RENTAL UNIT SITUATED 1 0 4 DICKEY AVENUE, APPLICANT BEING TANTRA MONTE. 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 LITTLE ENFORCEMENT OF THE PROVISION OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THE APPLICANT HAS SUCCESSFULLY DEMONSTRATED THAT THEY MEET THE CRITERIA FOR PARKING WAIVER AND A MOTION. SECOND, UH, SECOND BY COMMISSIONER MANNA. COMMISSIONER CRUZ. I'M KIND OF IN A SPLIT AREA HERE. I KNOW THE AREA. I KNOW HOW HARD IT IS TO GET IN THERE. UM, AND UNFORTUNATELY SINCE THE, UH, NEIGHBORHOOD ASSOCIATION HAS ALSO DECLINED THIS RECOMMENDATION, IT'S KIND OF HARD TO SAY WHAT IT CAN AND CAN'T DO, BUT I'M GONNA HAVE TO GO WITH, UH, WITH EVERYONE ELSE IN THE AREA AND AND DISAGREE WITH THIS, UM, PARKING VARIANCE. ALL RIGHT. THANK YOU. COMMISSIONER CRUZ. I MEAN, COMMISSIONER MAN. SO I, UM, I'M GOING TO AGREE WITH MY COLLEAGUE. UM, YOU KNOW, I THINK, UH, WITH THE NEIGHBORHOOD ASSOCIATION NOT IN SUPPORT, UM, AND THEN THE RECOGNITION OF JUST A NARROWNESS OF THE STREET THAT I BROUGHT UP IN THE BEGINNING, I, UM, I FIND IT A LITTLE BIT DIFFICULT HERE TO BE ABLE TO SUPPORT, YOU KNOW, NOT HAVING, UH, AN OFF STREET PARKING SPOT IN THIS LOCATION. UM, SO I WILL NOT BE VOTING IN FAVOR. OKAY. COMMISSIONER ZUNA ZUNA. YEAH, SO MY, ON MY ONLY THOUGHT HERE WAS TO BE POSSIBLY LOOK FOR A, UM, RECONSIDERATION OF THE MOTION IF IT FAILS HERE TO ALLOW THE APPLICANT TO CONSIDER AN EASEMENT TO BE ABLE TO GET ACROSS THE NEIGHBOR'S PARK PARKING LOT TO GET INTO THE BACK LOT TO PARK A CAR. I THINK THERE IS ADEQUATE SPACE IN THE BACK, IT JUST NEEDS TO GET THERE. I DON'T KNOW IF THERE'S AN EASEMENT OR SOME KIND OF A SHARED PARKING AGREEMENT THAT WOULD ALLOW FOR THE SHORT TERM RENTAL ONE SPACE RULE TO BE MET. SO THAT WAS MY THOUGHT. MAYBE LOOK FOR CONTINUANCE IF THE CONTINUANCE OR IF THE MOTION FAILS TO AT LEAST CONSIDER THOSE OPTIONS. OKAY. I'M GONNA, I'M GONNA TABLE THE MOTION FOR A SECOND AND GO BACK TO THE PUBLIC HEARING. ONE QUICK QUESTION FOR THE APPLICANT. UH, WOULD YOU BE WILLING TO TAKE SOME TIME TO GO MEET WITH, UH, MARIA TO SEE IF YOU CAN ACQUIRE A SLIGHT EASEMENT SO THAT YOU CAN SOMEHOW OBTAIN A COMPLIANT PARKING SPACE? YES, YOU NEED ABOUT TWO OR THREE FEET. SO, OKAY. SO LET ME JUST SAY THAT ANY, I MEAN, CERTAINLY NO MATTER WHAT HAPPENS HERE TODAY, ENTERTAINING EASEMENTS IS CERTAINLY AN OPTION MOVING FORWARD, BUT IT'S REALLY NOTHING THAT WOULD FALL UNDER THE PURVIEW OF THE BOARD OF ADJUSTMENT. SO EVEN IF THERE WERE TO BE A CONTINUANCE, ANY DISCUSSION ALONG THE LINES OF AN EASEMENT WOULD BE OUTSIDE OF THIS BOARD. UM, YEAH, I WAS JUST, I WAS JUST WONDERING IF WE, IF WE JUST GRANTED A CONTINUANCE TO SEE IF SHE COULD PURSUE COMMUNICATION WITH THE NEIGHBOR AND, UH, MAYBE SHE DOESN'T NEED TO COME BACK HERE. MAYBE, BUT I WOULDN'T, I WOULD, UH, IF THAT'S, UH, ACCEPTABLE. WOULD YOU NEED LIKE, WELL, I MEAN, UH, THE GENTLEMAN, THAT PRESENTER THAT CAME UP, I IS, UH, MS. UH, MARIA'S HUSBAND. SO I, I DON'T THINK, I MEAN, I KNOW THAT PARKING IS VERY LIMITED IN, IN HER PARKING LOT FOR HER CUSTOMERS. SO BASICALLY IF YOU, YOU'RE NOT ASKING FOR HIS PARKING, YOU'RE ASKING FOR A TWO FOOT WIDE EASEMENT SO YOU CAN GET TO YOUR PARKING SPACE. OH, SO YOU'RE SAYING LIKE, TO COME EXACTLY. TO CUT, TO COME ACROSS? OH, WELL, I MEAN, YEAH, AND THEY'D BE WILLING TO, SO IF THE MAKER OF THE MOTION WOULD LIKE TO, UH, CHANGE THEIR MOTION TO BE LIKE A MONTH CONTINUANCE TO WORK, HAMMER SOMETHING LIKE THAT OUT. OKAY. WHAT DO YOU THINK? COMMISSIONER CRUZ? MM-HMM . I WOULD VENTURE TO SAY WE CAN GIVE IT A TRY, SIR. AND COMMISSIONER MANNA. I CONCUR. SO, UM, WOULD COMMISSIONER CRUZ, WOULD YOU LIKE TO, UH, CHANGE YOUR MOTION TO, UH, BE A CONTINUANCE [01:45:01] TO, UH, NOVEMBER? IS IT 17TH? WE HAVE THE NOVEMBER 3RD AND NOVEMBER 17TH ARE THE NEXT TWO. SO NOVEMBER 17TH. NOVEMBER 17TH WOULD BE A GOOD CONTINUANCE. IS THAT ACCEPTABLE? COMMISSIONER AMANDA? AGREE. ALL RIGHT, SO, UH, WE HAVE A MOTION AND A SECOND FOR CONTINUANCE TO NOVEMBER 17TH. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. WE WILL SEE YOU IN ABOUT A MONTH. OKAY. UH, PLEASE TALK TO STAFF ABOUT WHAT YOUR NEEDS ARE AND MAYBE YOU DON'T NEED TO COME BACK HERE. OKAY. THANK YOU. THANK YOU. ITEM FIVE. OH, OKAY. I'LL KEEP THAT. I LET THE RECORD SHOW THAT, UH, COMMISSIONER BROWN OPPOSED THE, UH, VOICE VOTE ON THE CONTINUANCE. ITEM NUMBER FIVE IS BO OA DASH 25 DASH 1 0 3 0 0 1 60. LOCATED AT 3 8 0 3 SOUTHWEST MILITARY DRIVE IN CONSUL DISTRICT FOUR. THE APPLICANT IS BON CORDOVA AND SHE'S REQUESTING A 185 FOOT VARIANCE FROM THE REQUIRED 200 FEET SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 15 FEET OF A RESIDENTIAL ZONE OR USE SLOT. THE ZONE IS C TWO WITH A SPEC, A SPECIFIC USE AUTHORIZATION FOR A PARTY HOUSE, RECEPTION HALL, AND A MEETING FACILITY. THE SUBJECT PROPERTY IS A CORNER LOT LOCATED NORTH OF SOUTHWEST MILITARY DRIVE AND WEST OF HOLDER AVENUE. IT IS SITUATED ALONG A PRIMARILY COMMERCIAL BLOCK FACE ON SOUTHWEST MILITARY DRIVE WITH AN ALLEY SEPARATION FROM THE RE RESIDENTIAL USES TO THE REAR. THE APPLICANT PROPOSES TO DEVELOP THE SITE INTO A MOBILE FOOD COURT, INITIALLY OPERATING WITH FOUR FOOD TRUCKS AND GRADUALLY EXPANDING TO THE MAXIMUM PERMITTED NUMBER OF 10 FOOD TRUCKS ON THE COMMERCIAL LOT. AS THE PROPERTY IS LOCATED WITHIN 200 FEET OF EXISTING SINGLE FAMILY RESIDENTIAL USE AT THE REAR, THE APPLICANT IS REQUESTING A 180 FOOT FIVE FOOT VARIANCE FROM THE MINIMUM REQUIRED 200 FOOT SEPARATION DISTANCE. THIS WOULD ALLOW THE PROPOSED MOBILE FOOD COURT TO BE SITUATED 15 FEET FROM THE SINGLE FAMILY RESIDENTIAL USE WITH THE ALLEY SERVING AS THE SEPARATION. THE LOT ABUT THE WEST HAS A USE OF THREE RESIDENTIAL DWELLINGS, WHICH WOULD NOT REQUIRE THE 200 FOOT SEPARATION AS A STANDARD ONLY APPLIES TO SINGLE FAMILY USE OR ZONED LOTS. AND THIS IS THE SITE PLAN SUBMITTED WITH THE INITIAL FOUR FOOD TRUCKS WITH AMPLE SEPARATION FROM THE RESIDENTIAL, UM, USES TO THE REAR. THIS IS A SUBJECT PROPERTY WITH SHOWING AT THAT POINT IN TIME A RESIDENTIAL HOME UP UNTIL 2024, AND NOW IT IS GRADED FOR THE MOBILE FOOD COURT. AND THIS IS THE A BUTTON, 15 FOOT ALLEY FROM THE RESIDENTIAL USE. AND THIS IS FROM THE REAR AND THE SURROUNDING AREA ON HOLDER. AND LOOKING DOWN ON SOUTHWEST MILITARY AND ACROSS IS A CHURCH AND MORE VIEWS OF SOUTHWEST MILITARY STAFF'S. RECOMMENDATION FROM, WITH, WITH THE MOBILE FOOD COURT RESIDENTIAL SEPARATION IS A DENIAL IN BO OE DASH TWO FIVE DASH 1 0 3 0 BASED ON THE FOLLOWING FINDINGS OF FACT, REDUCING THE RESIDENTIAL SEPARATION TO 15 FEET WOULD INJURE RESIDENTIAL PROPERTIES AS IT DOES NOT PROVIDE SUFFICIENT DISTANCE BETWEEN RESIDENTIAL AND NON-RESIDENTIAL USES INTENDED FOR PROTECTION FROM POTENTIAL NOISE AND LIGHT POLLUTION. THE PROPERTY OWNER MAY REDUCE THE NUMBER OF PROPOSED MOBILE FOOD ESTABLISHMENTS TO THE ALLOWABLE MAXIMUM TO OPERATE WITHOUT A VARIANCE APPROVAL. STAFF MAILED OUT 25 NOTICES. ZERO RETURN IN FAVOR, ONE IN OPPOSITION AND NO RESPONSE FROM THE QUINTANA COMMUNITY NEIGHBORHOOD ASSOCIATION. AND THIS IS THE OPPOSITION RECEIVED. WE'RE GONNA NEED A TRANSLATION. OKAY. THE APPLICANT IS PRESENT. IS THAT THE APPLICANT COME FORWARD? IS THERE, IS THERE A TRANSLATION? YEAH, SO, HI, MY NAME IS JUANITA CORDOVA. ONE SECOND PLEASE. I'M SORRY, WE HAVE A SPANISH INTERPRETER. COME BACK PLEASE. IF YOU COULD PLEASE, UH, TRANSLATE, UH, WHAT IS LISTED ON THE OPPOSITION COMMENT? IT'S TOO CLOSE TO MY, [01:50:01] IT'S TOO CLOSE TO MY PROPERTY. A LOT OF NOISE. OKAY, THANK YOU. ALRIGHT, UH, PLEASE. UH, MY NAME IS JUANITA CORDOVA. I'M HERE FOR PROPERTY 38 0 3 SOUTHWEST MILITARY. I AM REQUESTING, UH, PERMISSION TO BE ABLE TO ALLOW FOR FOOD TRUCKS ON THE PROPERTY. UM, I PLACED AS, AS AN EXAMPLE OF WHERE THE FOOD TRUCKS WOULD GO, BUT I'M ABLE TO MOVE 'EM AROUND IF THAT'S SOMETHING THAT YOU WOULD LIKE ME TO DO. UM, I JUST THINK THAT WOULD GIVE ANOTHER PURPOSE TO THAT PROPERTY THAT WAS ONCE A ABANDONED HOME AND VERY VANDALIZED AND UNSAFE. UM, NOW WOULD, NOW IT WOULD, UH, IF APPROVED, UM, GIVE UM, A PLACE FOR FAMILIES TO GATHER FROM THE NEIGHBORHOOD AND EAT AND FEEL. I MEAN, NOW IT'S GONNA LOOK NICE SINCE WE HAVE PLANS FOR LANDSCAPING AND MAKING A FENCE THAT HAS BEEN ALREADY APPROVED. AND, UM, PRETTY MUCH IS THAT'S ALL. WE ARE NOT THINKING TO DO ANYTHING THAT IS NOT OUT OF THE NORMAL WITH OTHER BUSINESSES IN THAT SAME PROP, UH, SAME STREET THAT IS FULL OF BUSINESSES AND OTHER FOOD TRUCK, UM, TRUCKS IN THE AREA THAT ALSO OPERATE THERE. UM, JUST NORMAL. NOTHING. SO YOU HAVE ANOTHER, THIS IS ANOTHER FOOD, FOOD COURT ESTABLISHMENT DOWN THE STREET. UH, UH, FOOD TRUCKS DOWN THE STREET. UM, THERE IS OKAY. AND STAFF, IT'S, IT'S, YOU CAN HAVE UP TO THREE WITHOUT BEING CONSIDERED A, A, UH, 2 2, 2. OKAY. CORRECT. ALRIGHT. MANNA COMMISSIONER MANNA. SO, UM, SO THE ZONING OF THIS PROPERTY OR, OR ZONING OF THE, THE ABUTTING PROPERTY, UM, UM, LET'S SEE, I GUESS, OR LEMME GO BACK, THE ZONING OF THIS PROPERTY, THE FOOD TRUCKS ARE PERMITTED, UH, SIMPLY BECAUSE OF, RIGHT? CORRECT. AND SO, SO THE, THE OBJECTION THAT WAS LISTED, THE ONE NOTE BASICALLY, UM, THEY'RE OBJECTING TO A FOOD COURT WHEN IT IS PERMITTED. IS THAT CORRECT? THAT'S CORRECT. IT IS PERMITTED BY, RIGHT. IT'S JUST, AGAIN, IT HAS TO COMPLY WITH THE, UH, STANDARD DISTANCE REQUIREMENTS FROM ANY SINGLE FAMILY RESIDENTIAL USE AND THE BUDDING PROPERTY ON MILITARY, IS IT A SINGLE FAMILY RESIDENT OR IS IT COMMERCIAL? IT'S A TRIPLEX. SO IT DOESN'T HAVE TO ABIDE. SO IT DOESN'T HAVE TO, OKAY. SO, SO THAT ONE IS BY RIGHT. THEY, THEY KIND OF DON'T HAVE TO ABIDE BY THAT. AND THEN SO FOR THE APPLICANT HERE, SO, SO ONE OF THE NOTES THAT IT SAYS IS THAT YOU'RE TRYING TO MAXIMIZE THE NUMBER OF FOOD TRUCKS ON HERE. AND SO WHAT IS A DISTANCE? UM, IT, IT SAYS 200 FEET. UM, WHAT'S THE DEPTH OF THE PROPERTY ITSELF? UM, WOULD YOU BE ABLE TO PUT ANY FOOD TRUCKS ON AT ALL? UM, IF YOU HAD TO BE 200 FEET AWAY FROM THE PROPERTIES ON THE BACKSIDE AND ALSO ACROSS THE STREET THERE? SO, SO WHAT'S, AND JUST, UH, TO BE CLEAR, THIS IS PROPERTY LINE TO PROPERTY LINE. SO IF ANY PART OF THAT 200 FOOT HITS THAT PROPERTY, IT'S THE ENTIRE PROPERTY THAT CAN'T, IT'S NOT LIKE THEY CAN PUT THE FOOD TRUCKS ALONG MILITARY AND BE 200 FEET AWAY. SO, SO BASICALLY IT'S, IT'S ALL OR NONE, YOU KNOW, TWO, THEY COULD CORRECT HAVE TWO BY, RIGHT. UM, AND THEN OUTSIDE OF THAT, IT REQUIRES THIS. OKAY. YEAH. SO TWO, WHAT I BELIEVE, UH, THERE'S PERMITTED TWO, UH, RIGHT NOW AT THE PROPERTY. TWO ARE ABLE TO BE THERE AT THE MOMENT. RIGHT. IF JUST SORT OF A THAT'S WHAT I'VE BEEN TOLD MANY TIMES. I'VE ASKED HER. THIS IS JUST AN ODD QUESTION BECAUSE IT'S C TWO AND THEY DON'T HAVE A LOT SIZE MINIMUM. COULD SHE PLOT THIS AND MAKE TWO LOTS OUT OF IT AND THEN HAVE TWO ON EACH LOT? SHE CAN'T, YES. UM, AS LONG AS THEY STILL NEED TO MEET THE, UH, PARKING REQUIREMENTS, UM, THAT KIND OF STUFF. I JUST CURIOUS. I JUST, UM, I CAN'T BELIEVE NO ONE'S EVER TRIED THAT YET, BUT MAYBE SOMEDAY. UH, ANY OTHER QUESTIONS? CRUZ? UH, COMMISSIONER CRUZ. OKAY. UM, I'M LOOKING AT THE MAP OF WHERE IT'S AT AND WHAT IS THE SIDE STREET THERE NEXT TO YOU? UH, I FORGET THE NAME. SOMETHING WITH AN H DO YOU HAVE THAT IN BECAUSE I CAN'T SEE IT. HOLDER, YOU SAID HOLDER? HOLDER AVENUE. OKAY. I, I KNOW THERE'S FOOD TRUCKS. IT'S A PRETTY BIG STREET. IS THERE? YEAH. IS THERE ANY RIGHT ACROSS THE STREET FROM YOU? UM, A LITTLE BIT FURTHER DOWN. THERE'S A, I GUESS LIKE IT USED TO BE LIKE A GAS STATION OR SOMETHING LIKE THAT. YEAH, I'VE SEEN THAT ONE RIGHT THERE ON ANA AND MILITARY. UHHUH . AND THEY, SO THEY HAVE A FOOD TRUCK THERE AND THEY HAVE UH, LIKE A PICNIC AREA, OUTDOOR SPACE AND ALL OF THAT. OKAY. UH, NOW I KNOW WHERE IT'S AT. ALL RIGHT. THANK YOU. COMMISSIONER ZUNA. RIGHT? SO THE OPPOSITION THAT'S COMING FROM THE NEIGHBOR TO THE LEFT AS YOU'RE LOOKING, UH, FROM SOUTHWEST MILITARY, IS THAT FROM THE PROPERTY OWNER OR FROM THE TENANT? YOU MENTIONED AS A TRIPLEX. DO WE KNOW WHO PROVIDED THAT OPPOSITION? WE CAN CHECK THE NAME AGAINST THE MAILING LIST, BUT ALL MAILED NOTICES IS SENT TO THE OWNER. TO THE OWNER. OKAY. AND THEN THE NEXT QUESTION IS, AT WHAT POINT, UH, WHAT NUMBER OF TRUCKS DO THEY ALSO HAVE [01:55:01] TO PROVIDE FACILITIES ON SITE, WHETHER IT'S THE BATHROOM OR A KITCHEN OR SOMETHING ON SITE TO ACCOMMODATE THE, UH, FOOD TRUCKS? GIMME ONE SECOND. WELL, HE'S PULLING THAT UP. I WILL SAY THAT THERE IS A, A SEPARATE USE, I THINK IT'S CALLED MOBILE FOOD COURT BASE OPERATIONS. UM, THAT IS NOT WHAT IS CONTEMPLATED HERE. UH, THERE IS A REQUIREMENT THAT FOOD TRUCKS HAVE TO LEAVE THE PROPERTY OVERNIGHT TO RETURN TO A CENTRAL LOCATION FOR CLEANING AND EMPTYING GREASE TRAPS AND ALL THAT SO THAT THAT WOULD NOT BE ALLOWED ON THIS SITE REGARDLESS OF THE BOARD'S, UH, OUTCOME TODAY. THAT, THAT NOT SO SO THEY COULDN'T STAY 24 HOURS, THE TRUCKS WOULD HAVE TO LEAVE AND COME BACK TO THE SITE IF THAT'S WHAT I'M HEARING. THEY CANNOT, UM, REPACKAGE, UM, CLEAN OR ANYTHING OF THAT SORT. ALL THEY CAN DO IS SELL ON THAT PROPERTY, JUST VENT, VENT OUT. RIGHT. OKAY. YEAH, SO THEY, THEY, THEY LEAVE THE PROPERTY, THEY GO TO, THERE ARE OTHER LOCATIONS WHOSE PRIMARY BUSINESS MODEL IS RECEIVING THESE FOOD TRUCKS FOR CLEANING AND EMPTYING SO THAT THEY CAN RETURN TO WHATEVER SITE THEY MAY BE AT THE NEXT DAY. UM, BUT THAT SORT OF DRAINING OF, YOU KNOW, THE, THE WASTE PRODUCT, THE GREASE TRAPS, ET CETERA, THAT ALL HAS TO OCCUR OFFSITE. SO WHEN, WHEN THE, THE NEIGHBOR ON THE LEFT OPPOSED THE, LIKE THE SMELL OR I MEAN THAT THE NOISE MAY OR MAY NOT THE SMELL. YEAH, I, I THINK THAT THE REASON THE ORDINANCE REQUIRES THAT, UM, HAS MORE TO DO WITH, YOU KNOW, LARGE CONCENTRATIONS OF PEOPLE GATHERING AND NOISE AND LIGHT POLLUTION. MM-HMM . UM, AND IT IS ALSO THE REALITY THAT A FOOD TRUCK PROBABLY SMELLS PRETTY GOOD FOR A DAY OR TWO, BUT YOU START SMELLING, YOU KNOW, THAT GOOD FOOD DAY AFTER DAY AFTER DAY THAT STARTS TO WEAR ON PEOPLE. . THOSE ARE THE REASONS THAT THE 200 FOOT SPACING IS IN THE CODE. WHAT ABOUT THE HOURS OF OPERATIONS? CAN WE LIMIT THOSE? ARE THERE, THERE THERE'S NO RESTRICTIONS ON HOURS OF OPERATION, BUT IF FOR A MOBILE FOOD COURT, A PERMANENT RESTROOM FACILITY SHALL BE PRO, UM, PROVIDED SO THEY WILL NEED TO HAVE SOMETHING OF A PERMANENT RESTROOM LOCATION ON THE SITE IF THEY DO THIS USE ON, ON THIS SITE. CORRECT? THAT'S WHAT I WAS THINKING. YEAH. DID SHE, DID THE APPLICANT KNOW THAT? DO YOU KNOW THAT, THAT, UM, I HAD ASKED FOR THAT INFORMATION BUT THEY WEREN'T ABLE TO GIVE ME AN EXACT UNTIL THIS I LIKE, UNTIL I CAME HERE AND, AND WITH THE MEETING AND ALL OF THAT, BUT I KNEW SOMEWHAT THAT I WOULD HAVE TO HAVE A, A RESTROOM MANANA. OKAY. COMMISSIONER MANNA. SO, SO JUST SO FOR SOME CLARIFICATION. YEAH, SO WE DO HAVE A FEW FOOD, SMALLER FOOD THINGS IN OUR NEIGHBORHOOD AND I NEVER SEE THE VEHICLES LEAVE EVER. THEY'VE BEEN THERE FOR MONTHS, YEARS. UM, AND SO, SO IS IT BECAUSE THEY ARE NOT CREATING DISPOSAL STUFF AS WISE THAT THEY DON'T HAVE TO MOVE? OR IS IT THAT THEY'RE ABLE TO MANAGE IT SOMEHOW OTHERWISE? YOU KNOW, SO, AND SOME OF THEM ARE PRETTY FIXED WITHIN, HAVE WHOLE COMMUNITIES BUILT AROUND THEM, PLAYGROUNDS, COURTYARDS, AND ALL KIND OF THINGS WHERE IT WOULD BE IMPOSSIBLE TO MOVE IT. SO ARE THEY, ARE THEY MORE THAN TWO? NO, ALL OF 'EM HAVE TWO. SO IT'S TWO AND SO, AND SO I HAVE THREE OF THOSE IN, IN SURROUNDING MINING COMMUNITY. AND SO AS I LOOK AT THIS ONE, YOU KNOW, IT'S KINDA THE SAME KIND OF THING IS LIKE, SO IS IT THAT THAT'S IN VI THAT'S THAT PARTICULAR THING IS IN VIOLATION OR, OR JUST TRYING TO UNDERSTAND THAT AND I APOLOGIZE, WENT, WENT OUT THERE MORE. YOU HAVE TO COMPLY WITH ALL THE RESTROOM STUFF, HUH? YEAH. SO I'M JUST, JUST READING FROM THE BUSINESS AND LICENSING, UH, INFORMATION FOR MOBILE FOOD VENDING, UH, ON THE METRO HEALTH AND 3 1 1 WEBSITE. IT SAYS THE PROPERTY MUST BE COMMERCIALLY ZONED AND YOU MUST MOVE THE UNIT DAILY. ALRIGHT, SOMETHING FOR YOUR NEIGHBORHOOD ASSOCIATION TO THINK ABOUT. SO IS THERE ANY OTHER QUESTIONS? ALRIGHT, UM, IS THERE ANY, UH, VOICEMAILS OR ANY NO PUBLIC COMMENT. OKAY. UM, THANK YOU VERY MUCH. WE'RE GONNA LOOK FOR MOTIONS. SEE HOW THIS TURNS OUT. O ZUNA. COMMISSIONER ZUNA, REGARDING CASE NUMBER BO OH EIGHT DASH 25 DASH 0 3 0 1 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS REQUIRES FOR 180 FOOT VARIANCE FROM THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 15 FEET OF A RESIDENTIAL ZONE. OUR USE ZONED OR USE LOT SITUATED AT 3 8 0 3 SOUTHWEST MILITARY DRIVE APPLICANT BEING BONITA CORDOVA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE FISCAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. THE PROPOSED VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST BECAUSE THE REDUCED RESIDENTIAL SEPARATION OF 15 FEET WILL ENSURE APPROPRIATE DISTANCE BETWEEN COMMERCIAL AND RESIDENTIAL USES AND MAINTAIN PRIVACY AND [02:00:01] PROTECTION FROM NOISE AND LIGHT POLLUTION. UH, TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE RESIDENTIAL SEPARATION ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS WOULD PREVENT THE PROPERTY OWNER FROM DEVELOPING THE SITE AS A MOBILE FOOD COURT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AS SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THE VARIANCE WOULD SUPPORT, UH, THE SPIRIT OF THE ORDINANCE, WHICH IS TO MAINTAIN SUFFICIENT SPACE BETWEEN COMMERCIAL RESIDENTIAL PROPERTIES FOR THE VARIANCE WITHOUT AUTHORIZED THE OPERATION OF USE OF THOSE USE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH ARE THE VARIANCE TO LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCES WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED AS, AS, UH, GRANTING THE VARIANCE AND REDUCING THE REQUIRED SEPARATION WILL UP SUBSTANTIALLY INJURE THE APPROPRIATE USE OF RESIDENTIAL PROPERTIES TO THE REAR. SUFFICIENT SEPARATION FROM RESIDENTIAL USES REMAIN TO, UH, PROTECT AGAINST EXCESSIVE NOISE AND LIGHT EXPOSURE FROM THE PRO, UH, MOBILE FOOD COURT. AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS AND THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE SOCIETY DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY THAT IS LOCATED ON A STRIP OF LARGELY COMMERCIAL ZONE PROPERTIES WITH A 15 FOOT ALLEY SEPARATION FOR THE RESIDENTIAL USE OF THE REAR. THIS ALLEY PROVIDES REASONABLE SEPARATION FOR THE PROPOSED MOBILE FOOD COURT USE AND A MOTION. SECOND. SECOND BY COMMISSIONER MANOCK. COMMISSIONER ZUNI? YES. SO I'M GONNA BE SUPPORTING THE MOTION AS RED. I THINK THAT FOR THE REAR, THE 15 FOOT ALLEY, UH, DOES PROVIDE A BUFFER TO THOSE REAR PROPERTIES. IT IS ALONG A COMMERCIAL, UH, PROPERTY, SOUTHWEST MILITARY DRIVE. THERE'S NO REASON WHY, YOU KNOW, A RESTAURANT COULDN'T BE LOCATED AT THAT SAME LOCATION, WHICH PROVIDE THE SAME, UH, KIND OF, UH, UM, YOU KNOW, UH, SOMEWHAT OF NUISANCE ISSUES TO THE COMMERCIAL PROPERTY TO THE LEFT. SO I DON'T THINK THAT, UH, THAT WE SHOULD PROHIBIT THE APPLICANT FROM BEING ABLE TO USE HER PROPERTY FOR COMMERCE FOR THE MOBILE, UH, FOOD TRUCKS. AND WE HEARD FROM STAFF THAT THEY'D BE MOVED, HAVE TO BE MOVED NIGHTLY OR SUCH TO PROVIDE THE CLEAN OFF, OFF PREMISES. SO FOR THAT, I'M SUPPORTING THE MOTION. THANK YOU, COMMISSIONER MANON. UM, I'M NOT GONNA BE IN GR UH, WITH MY COLLEAGUE HERE. UM, S SIMPLY BECAUSE, UM, YOU KNOW, THIS, THIS APPEARED TO BE, YOU KNOW, A, A RESIDENTIAL PROPERTY AT, AT, YOU KNOW, NOT THAT LONG AGO SURROUNDED BY RESIDENTIAL PROPERTIES, AND YOU'RE CHANGING THE PROPERTY VIEW OF THOSE ABUTTING HOMES. UM, WE'VE LOOKED AT OTHER LOTS THAT WERE LARGER WHERE THEY'RE ABLE TO MOVE AWAY, UM, YOU KNOW, AND, AND MINIMIZE THE IMPACT. BUT HERE, I THINK THAT IT'S JUST TOO CLOSE TO THOSE EXISTING PROPERTIES, AND BECAUSE OF THAT, I WON'T BE ABLE TO SUPPORT THE MOTION. ALL RIGHT. ANYONE ELSE YOU'D LIKE TO ADD? UH, HEARING NOWS HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER. OW. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BARRINGTON. I DO NOT CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER VESQUEZ? I DO NOT CONCUR. COMMISSIONER BROWN? I DO NOT CONCUR. CHAIR ORIAN AND I DO NOT CONCUR. UH, MOTION FAILS FIVE TO SEVEN. UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. ALL RIGHT, WE'RE GONNA TAKE A, A SLIGHT BREAK, SIX, SEVEN MINUTES AND WE'LL COME BACK TO ITEM SIX. UH, YOU RE YOU RECUSING YOURSELF THE BOARD OF ADJUSTMENTS BACK IN SESSION. THE TIME IS THREE 15. OUR CHAIR, DONALD ORIAN, WILL BE RECUSING HIM FROM THIS CASE. NUMBER SIX. I GETS EVERYBODY BACK IN PANEL HERE. 1, 2, 3. WHAT ARE WE MISSING? GOT? OH, THAT'LL BE THIS. OKAY. WE WILL DOCK HER PAY. OKAY. ALRIGHT, STAFF, WOULD YOU, LET'S COMMENCE WITH, UH, CASE NUMBER SIX. ALL RIGHT. GOOD AFTERNOON. MARCO AVI, PRINCIPAL PLANNER, UM, BO, OA 25. 103 0 0 1 75 IS ON 83 38 BROADWAY STREET COUNCIL, DISTRICT 10. APPLICANT, KFM ENGINEERING AND DESIGN. IT'S FOR A 10 FOOT VARIANCE FROM THE 30 FOOT REQUIRED SETBACK TO ALLOW A 20 FOOT REAR SETBACK ZONE. C3 PROPERTY IS LOCATED JUST NORTH OF, UH, JUST SOUTH OF SAN ANTONIO INTERNATIONAL AIRPORT. ON ROUTE FOUR 10. PROPERTY WAS PREVIOUSLY OCCUPIED BY A RESTAURANT, WHICH HAS SINCE BEEN DEMOLISHED. UH, GRANTING THE REAR VARIANCE WILL ALLOW DEVELOPMENT OF A NEW COM, UH, COMMERCIAL BUILDING TO BE 20 FEET FROM THE REAR. PROPERTY LINE DEVELOPMENT HAS NOT YET BEEN CONSTRUCTED. THERE IS A CURRENT APARTMENT COMPLEX LOCATED BEHIND THE SUBJECT PROPERTY, WHICH IS SETBACK APPROXIMATELY 50 FEET FROM THE SHARED PROPERTY. LINE, BOA PREVIOUSLY APPROVED A 10 FOOT REAR SETBACK TO THE ADJACENT COMMERCIAL PROPERTY, NORTH OF THE SUBJECT PROPERTY WITH STAFF RECOMMENDING APPROVAL ON THAT CASE. THIS IS THE SUBJECT PROPERTY, SEE BROADWAY TO THE LEFT [02:05:01] AND OR WEST, AND THEN THE, UH, SETBACK AND THAT, UH, TAN COLORED NEXT SLIDE. IT'S THE PICTURE OF THE PROPERTY. AND IF YOU SEE THE PROPERTY THERE TO THE LEFT, THAT ONE WAS APPROVED A FEW YEARS AGO, AND YOU SEE THE APARTMENT COMPLEX TO THE REAR AND FACING NORTH. FACING SOUTH. STAFF RECOMMENDED APPROVAL ON BO A 25 1 0 3 1 75 BASED ON THE FOLLOWING FINDINGS OF THE FACT THE DEVELOPMENT SPACE WILL SIGNIFICANTLY RE BE REDUCED, REDUCED THE SIZE OF THE LOT, UH, REQUIRED PARKING FOR THE USE AND PROPOSED DRIVE THROUGH AREA. THE MULTIFAMILY LOT DIRECTLY ABOVE IN THE REAR HAS PARKING AGAINST THE COMMERCIAL LOT WITH BUILDING SETBACKS. APPROXIMATELY 50 FEET FROM THE PROPERTY LINE STAFF MAILED OUT 16 NOTICES RECEIVED ONE IN FAVOR, NO IN OPPOSITION. OAK PARK NEIGHBORHOOD ASSOCIATION AND THE SAN ANTONIO DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND. AND THIS IS THE ONE RESPONSE, UH, THIS IS UPDATED FROM WHAT WAS SENT OUT THIS MORNING. NONE OPPOSITION. AND THAT CONCLUDES STAFF'S PRESENTATION. UH, THE APPLICANT IS PRESENT. MARCO, CAN YOU SEND, CAN YOU SHOW THE, UH, THE MATRIX? WE SHOW THE OPPOSITION OF SUPPORT AGAIN? YEP. ONE MORE. AND THIS IS THE SAME ONE THAT WE PREVIOUSLY, UM, RECEIVED IN OPPOSITION. OKAY. THEY TURNED IN, THEY CHANGED IT TO SUPPORT. NOW I RECALL THE LITTLE HISTORY ON THIS. DIDN'T WE PREVIOUSLY APPROVE A VARIANCE FOR THE SAME PROJECT? DO YOU KNOW? IT WAS THE ONE RIGHT NORTH OF IT. THEY DID AN ADDITION, UM, WHICH IS A SHORTER, UH, A REDUCED, UH, ONLY A 10 FOOT SETBACK THAT WAS APPROVED TO THE PROPERTY, JUST TO THE NORTH OF IT. OKAY. AND THAT WAS THE IMPROVED PROPERTY THAT WE SAW IN THE PICTURES, OR CORRECT IF THAT, UH, RIGHT THERE. SO THAT WOULD, THE REQUEST HERE WOULD KIND OF EXTEND THAT SAME BUILDING LINE TO THE REAR OR, SO THAT ONE'S THE, THIS REQUEST IS GONNA BE A LITTLE FURTHER AWAY FROM WHAT Y'ALL OKAY. APPROVED PREVIOUSLY. THIS IS A 20 FOOT REAR SETBACK. YOU GUYS APPROVE THE 10 FOOT REAR SETBACK ON THAT ONE. GOTCHA. OKAY. LET'S SEE. IF WE HAVE ANY QUESTIONS FOR STAFF HEARING NINE, WE'D ASK THE APPLICANT TO PLEASE COME FORWARD AND LET'S HEAR THE CASE. THANK YOU. AND I HAVE A PRESENTATION. GOOD AFTERNOON, UH, BOARD MEMBERS. MY NAME IS ROB KILLEN. I'M AN ATTORNEY WITH THE LAW FIRM OF KILLEN GRIFFIN AND FAIRMONT. OUR ADDRESS IS 1 0 1 0 1 REUNION PLACE IN SAN ANTONIO. THANK YOU, UH, STAFF MERKO FOR, UH, ALL OF YOUR WORK ON THIS. AND DO I HAVE CONTROL? YOU HAVE CONTROL. YOU HAVE CONTROL. OKAY, GREAT. LET'S GO AHEAD AND ADVANCE THE SLIDE. I'M HERE ON BEHALF OF THE PROPERTY OWNER REQUESTING A 10 FOOT VARIANCE FROM 30 FOOT REAR, UH, SETBACK. SO WE CAN DO AN ANDES FROZEN, UH, CUSTARD. UM, LET'S GO AHEAD AND ADVANCE THIS SLIDE. THIS IS THE SUBJECT PROPERTY. UH, AS YOU KNOW, THIS IS A PIECE OF PROPERTY. BACK IN 2019, YOU APPROVED A, UH, REAR SETBACK VARIANCE. THE ORIGINAL PLAN WAS TO PUT A SEVEN 11 ON THIS SITE. AND SO WE GOT THE, WE GOT THAT APPROVED IN 2019. UH, WE CAME BACK IN 2022, AND I'VE, I'LL SHOW IT TO YOU LATER IN PRESENTATION AND, AND RECONFIRM. THAT'S FINE. WE CAN STOP THERE. IT'S GOOD. NO, NO. WHEREVER YOU WANNA BE, . I'M GOOD. UH, SO I GOT THAT APPROVED. THE SEVEN 11 WAS, UH, NEVER BUILT. SEVEN 11, CLEARLY A MORE INTENSE, UH, USE THAN, THAN A RESTAURANT, IN THIS CASE, A RESTAURANT. IT IS, UH, ANDY'S FROZEN CUSTARD. YOU MAY HAVE SEEN, UH, JUST A FEW, I GUESS LAST MONTH, A PIECE IN THE PAPER TALKING ABOUT THE, UH, PROPOSED DEVELOPMENT. A $2 MILLION, UH, INVESTMENT ON BROADWAY ON THIS SITE. UH, ANDY'S IS STILL RELATIVELY NEW TO SAN ANTONIO. IT'S A FRANCHISE THERE IN OTHER PLACES IN TEXAS. UH, BUT THIS IS GOING TO BE THE, I THINK THE FOURTH LOCATION. THANK YOU. FIFTH, THE FIFTH LOCATION IN THE SAN ANTONIO AREA. THERE'S ONE OUT THE RIM THAT'S NEAR WHERE I LIVE, AND I EAT THERE ALL THE TIME, BUT UNFORTUNATELY, IT'S REALLY GOOD. UH, SO LET'S GO AHEAD AND ADVANCE THE SLIDE. UH, AS, AS NOTED, THIS IS JUST SOUTH OF FOUR 10. LET'S GO AHEAD AND GO IN ONE MORE. UH, LET'S GO AHEAD AND GO IN, UH, ONE MORE. YOU GOT, UH, FOUR 10 DINER ACROSS THE STREET HERE. YOU'VE GOT IT'S BROADWAY AND GREENBRIER. UH, YOU CAN SEE WHERE IT SAYS SITCO. THAT'S THE GAS STATION. AND THEN YOU CAN SEE THE FOOTPRINT OF THE OLD RESTAURANT THAT WAS THERE. OH, THANK YOU. I'M ALWAYS AFRAID OF HITTING SOMEONE IN THE EYE WITH THIS. SO YOU CAN SEE HERE'S THE FOOTPRINT OF, UH, WHAT WAS SHOO YOU. LET'S GO AHEAD AND ADVANCE, UH, MF 33. AND YOU CAN SEE THAT THE DEPTH, IT'S, IT'S NOT A VERY DEEP, UH, PIECE OF PROPERTY. AND WE'RE BACKED UP TO MF 33, ZONE C3 CURRENTLY. LET'S ADVANCE, UH, OKAY, HERE WE GO. UH, BROADWAY, GREEN BRIAR. GOT THE GAS STATION HERE. WE'VE GOT THE TAKE FIVE, UH, OIL CHANGE FACILITY RIGHT HERE. THAT'S A DEEPER PROPERTY. THEN WE'VE GOT THE APARTMENTS RIGHT BEHIND IT. LET'S GO AHEAD IN ADVANCE. UH, YOU CAN SEE TO THE BOTTOM OF THE SCREEN, THIS IS TR UH, CARS WILL [02:10:01] COME IN OFF OF BROADWAY. THEY'VE GOT THIS QUEUING AREA. THEY COME AROUND THE BUILDING AND THEN VIA AN EASEMENT, THEY COME OUT THROUGH THE, UH, GAS STATION PROPERTY. AND SO YOU'VE GOT PARKING ALL IN FRONT AND THEN A LANDSCAPE BUFFER IN THE BACK. LET'S GO AHEAD IN ADVANCE. AND, UH, SOMETHING ABOUT THE BUILDING FOOTPRINT. THE, THE FOOTPRINT IS WHAT IT IS, RIGHT? THESE ARE, UH, STANDARD DESIGN THAT ARE UNIVERSAL. WHEREVER YOU SEE ANDY'S, IT CAN'T BE ANY SMALLER THAN THERE. SO THIS IS A PICTURE FROM A FEW YEARS AGO. THIS IS A SHOE YU SOME OF YOU MAY REMEMBER THE OLD CHINESE RESTAURANT THAT WAS THERE. IT'S A RED BRICK BUILDING THAT'S FROM THE FRONT. THIS IS A PICTURE OF THE BACK TAKEN FROM GREEN BAR TO THE LEFT. OVER HERE ARE THE APARTMENTS. THIS IS THE GAS STATION IN THIS WRECK. BRICK BUILDING IS, OR WAS THE SHOE U BEFORE IT WAS DEMOLISHED. LET'S ADVANCE ONE MORE. THIS IS BETTER. THERE'S A, A PERIOD WHERE THE FENCE WAS TEMPORARILY DOWN HERE, THE APARTMENTS, AND YOU CAN SEE THAT THE RESTAURANT WAS BUILT RIGHT UP TO THE PROPERTY LINE. YOU CAN SEE EVEN BETTER IN THIS PICTURE RIGHT HERE WAS BUILT RIGHT UP TO THE PROPERTY LINE. SO WE'RE ASKING FOR A A 20 FOOT SETBACK. SO 10 FOOT VARI, SO WE'LL BE 20 FEET OFF THE PROPERTY LINE. SO SIGNIFICANTLY DIFFERENT THAN WHAT WAS ON THE SITE FOR MANY, MANY YEARS. LET'S GO AHEAD IN ADVANCE. UM, BACK IN 2019, STAFF RECOMMENDED APPROVAL. AGAIN, THAT WAS FOR A, UH, SEVEN 11, BUT REALLY IT WENT TO THE DEPTH OF THE PROPERTY. THERE JUST WASN'T SUFFICIENT SPACE FOR, UH, QUEUING OF VEHICLES AND, UH, FOR PARKING. LET'S GO AHEAD IN ADVANCE. AND THEN WE WENT BACK, WE GOT THIS VERIFIED IN 2022. THE STILL PLAN, STILL POSSIBLY DO A SEVEN 11. UH, IT WAS STILL VALID AS OF 2022. LET'S GO AHEAD IN ADVANCE. UH, SO WE THINK WE MEET ALL THE CRITERIA. LET'S GO AHEAD AND ADVANCE ONE. UH, AGAIN, YOU CAN SEE THE PROPERTY. YOU CAN, THERE'S A LITTLE BIT DIFFERENT EXHIBIT. I'VE GOT A COUPLE MORE EXHIBITS THAT GIVE IT A LITTLE MORE CLARITY. UH, CONTRARY TO PUBLIC INTEREST. SO WE MET WITH OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION. UM, GO AHEAD, ADVANCE ONE MORE. SO THEY DON'T ISSUE LETTERS OF SUPPORT, BUT THEY ISSUE LETTERS OF NON OPPOSITION. SO, UH, MET WITH THEIR PRESIDENT, GINA GALLESE, UH, ISENBERG, WHO SOME OF YOU MAY KNOW. AND THEY SAID, WE'RE, WE'RE NOT GONNA SUPPORT IT. WE'RE NOT OPPOSED. WE UNDERSTAND WHAT YOU'RE ASKING FOR. SO WE ARE NOT GOING TO OPPOSE. SOME NEIGHBORHOODS JUST DON'T LIKE SAYING WE SUPPORT SOMETHING. UH, OFTENTIMES THEY'LL JUST SAY THEY DON'T OPPOSE. NOW, WHEN WE CAME HERE, UH, THREE WEEKS AGO, UH, YOU'LL REMEMBER THAT WAS ONE OF YOUR ODD MEETINGS. WE HAVE A TUESDAY MEETING. SO MONDAY NIGHT, UH, WE, WE'D REACHED OUT TO THE OWNER OF THE APARTMENT COMPLEX A COUPLE TIMES HAD GOTTEN NO RESPONSE. AND THEN MONDAY NIGHT, UH, THEY SEND A LETTER TO, TO STAFF, TO MERKO SAYING THAT THEY WERE OPPOSED. THEY HAD SOME QUESTIONS AND CONCERNS. AND SO THAT'S WHY THREE WEEKS AGO WE ASKED TO CONTINUE THIS CASE. AND SO WE'VE BEEN SPENT THE LAST THREE WEEKS WORKING WITH THE APARTMENT COMPLEX TO ADDRESS THEIR CONCERNS. AND WHAT I'LL DO IS WHEN WE GET A LITTLE FURTHER INTO THE SLIDES TO TALK ABOUT WHAT THINGS WE DID, CHANGES THAT WE MADE THAT ADDRESSED THEIR CONCERNS. LET'S GO AHEAD IN ADVANCE. UH, LITERAL ENFORCEMENT, UNNECESSARY HARDSHIP. AGAIN, WE'VE GOT A, A PARKING, UH, LAW ISSUE, WHICH I'LL SHOW IN JUST A MINUTE. AND THEN JUST A REAL DEPTH ISSUE FOR, UH, QUEUING PURPOSES. SO IF WE WERE TO TAKE THIS BUILDING AND PUSH IT FORWARD, AGAIN, BROADWAY OVER HERE TO THE LEFT GREEN BUYER UP HERE, UH, TO THE NORTH. SO IF YOU TAKE THIS REAR AREA BACK HERE, THIS IS SHOWING IT AT 20 FEET. IF YOU PUSH IT BACK JUST 10 FEET, IT'S NOT MUCH, BUT IT MEANS YOU ELIMINATE THESE SIX SPACES. SO AS DESIGNED, WE HAVE 17 SPACES. THE CODE REQUIRES 12. SO WE ACTUALLY HAVE MORE SPACES THAN THE CODE REQUIRES. AND THE WHOLE PURPOSE OF THAT IS TO GET PEOPLE ONTO SITE AND PARK. SO THEY'RE NOT QUEUED UP IN THE DRIVE THROUGH. THEY'VE GOT AN OPTION. SO IF THEY WANT TO GET THEIR CUSTARD, UH, THEY CAN PARK AND WALK UP, WHICH IS A GREAT OPTION. I DO THAT. THE, THE RIM ONE, IT'S A LOT EASIER, UH, DOING THAT. BUT JUST BY PUSHING THIS 10 FEET, YOU WOULD ELIMINATE THESE SIX PARKING SPACES. SO WE WOULD GO FROM 17 SPACES TO 11 SPACES, WHICH WOULD BE UNDER PARKED PER THE CODE. NOT ONLY THAT, IT JUST MEANS THERE ARE SIX FEWER PLACES FOR PEOPLE TO PARK, WHICH MEANS THEY'RE MORE LIKELY TO WANT TO GET IN LINE, WHICH MEANS YOU'VE GOT A, A QUEUING AREA THAT IS NOW 10 FEET SHORTER. AND WHAT WE DON'T WANT DO IS HAVE PEOPLE JUST SPILLING OUT, QUEUING INTO THE STREETS. SO THE SETBACK REDUCTION ALLOWS US TO EXTEND THIS QUEUING AREA AND KEEP THESE SIX SPACES. LET'S GO AHEAD IN ADVANCE. UH, SPARE OF THE ORDINANCE IS THE INTENT OF THE CODE. AGAIN, UH, WE THINK WE MEET THE SPIRIT OF ATTEND THE CODE. LET'S GO AHEAD. UM, IF WE'RE ZONE C3, YOU CAN DO, THIS IS BASICALLY JUST FOOD SERVICE. YOU CAN DO FOOD SERVICE IN ALMOST ANY COMMERCIAL ZONING DISTRICT OTHER THAN OH ONE AND I TWO. SO, UH, WE CLEARLY CAN DO THIS BY RIGHT IN THE DISTRICT. THAT'S ADVANCE AND WE'LL, UH, CHANGE THE CHARACTER OF THE AREA. THIS IS THE BROADWAY CORRIDOR. IT'S A COMMERCIAL CORRIDOR. YOU'VE GOT OTHER FOOD SERVICE ESTABLISHMENTS. IT IS A NICE FIT AND RELATIVELY LOW INTENSITY, ESPECIALLY SINCE WE WERE CONSIDERING A SEVEN 11 HERE AT ONE POINT. THIS IS A, A GOOD FIT FOR THAT SITE. LET'S GO AHEAD IN ADVANCE. AND THEN THE UNIQUE CIRCUMSTANCES, AGAIN, YOU MADE [02:15:01] A FINDING OF A UNIQUE CIRCUMSTANCE BACK WHEN WE'RE HERE IN 2019, AND THAT GOES TO THE DEPTH OF THE PROPERTY. WE JUST CAN'T MAKE THE PROPERTY ANY DEEPER THAN IT'S, LET'S GO AHEAD AND ADVANCE. AND THIS GIVES YOU A SENSE, AGAIN, JUST TO REMIND YOU OF THE, THE QUEUING SPACE IN THE PARKING LOT. AND, AND THIS IS THE SIDE FACADE OF THE FRONT FACADE. LET'S GO AHEAD IN ADVANCE. UM, SO STAFFS RECOMMEND APPROVAL. WE REALLY APPRECIATE THAT. UH, BUT LET'S GO AHEAD IN ADVANCE AND LEMME TALK ABOUT OUR COMMUNICATIONS WITH THE NEIGHBOR. SO WHEN THE NEIGHBOR FIRST REACHED OUT TO US, THEY ASKED ABOUT THE HOURS OPERATION. THEY ASKED ABOUT AMPLIFIED SOUND, UH, IN THE REAR. THEY ASKED ABOUT THE LANDSCAPING. THEY DIDN'T WANT ANY MOUNTAIN LAURELS. UH, THEY ASKED US TO TAKE OUT, UH, EXCESSIVE SIGNAGE AND LIGHTING IN THE BACK. THEY WANTED A PHOTOMETRIC STUDY, AND THEN THEY ASKED FOR A NEW FENCE. LET'S GO AHEAD AND ADVANCE THE SLIDE. SO, UH, IF YOU HAVE NOT BEEN TO AN ANDY'S, THE WAY IT WORKS IS YOU PULL INTO THE DRIVE-THROUGH. INSTEAD OF HAVING ONE OF THOSE SPEAKER BOXES, LIKE YOU'D HAVE AT BILL MILLER'S OR SOMEPLACE LIKE THAT, THERE'S SOMEONE STANDING THERE THAT COMES OUT WITH AN IPAD AND THEY TAKE YOUR ORDER VIA IPAD. SO INSTEAD OF YELLING INTO THE SPEAKER BOX, SOMEONE'S JUST TAKING YOUR ORDER, PUTTING IN THE IPAD SO YOU DON'T HAVE A SPEAKER IN THE BACK, IN THE DRIVE-THROUGH. SO THAT'S SOMETHING THAT IS RELATIVELY UNIQUE FOR DRIVE-THROUGHS. THAT'S PART OF THE ANDES MODEL, UH, LANDSCAPING. SO, UM, WE'VE REMOVED THE MOUNT LAURELS. I'LL SHOW YOU THE LANDSCAPE PLAN IN JUST A SECOND. WE REMOVED THE MOUNT LAURELS, REPLACE THEM WITH BLUE POINT JUNIPER AND PRIDE OF HOUSTON HOLIES. AND SO TO ADDRESS THE, THE QUESTIONS ABOUT THE TYPE OF PLANT AND THEN FOR THE NEIGHBOR, UH, SO THAT ON THE APARTMENT SIDE THAT THEY CAN INSTALL THEIR OWN LANDSCAPING, WE'RE GONNA CONTRIBUTE 5,000 TO THEM SO THEY CAN PUT LANDSCAPING ON THEIR OWN SIDE. UH, SIGNAGE, AND I'LL SHOW YOU A, A PICTURE OF THE SIGNAGE IN JUST A SECOND. UH, FOR THE REAR OF THE PROPERTY FACING THE APARTMENTS, WE'RE NOT GONNA HAVE ANY SIGNAGE. AND WE'VE ALSO REDUCED, UH, SOME OF THE LIGHTING. WE'LL SHOW YOU THAT IN A SECOND. AND THEN FENCING. SO THE FENCE THAT'S THERE NOW IS GOOD, BUT AT SOME POINT IT MAY NEED TO BE REPLACED. SO AN ACKNOWLEDGEMENT OF THAT, UH, WE'RE ALSO GONNA BE CONTRIBUTING $25,000 THE NEIGHBOR CAN USE TO REPLACE THE FENCE WHEN THEY'RE READY TO REPLACE THAT FENCE. SO LET'S GO AHEAD AND ADVANCE THE SLIDE. UH, THIS IS THE, AGAIN, HERE'S BROADWAY. THIS IS THE APARTMENT, THIS IS THE LANDSCAPE PLAN. YOU SEE WE HAVE BLUE POINT JUNIPERS AND PRIDE OF HOUSTON. NO MOUNTAIN LAURELS. THEY DIDN'T WANT THE MOUNTAIN LAURELS. WE'VE GOT SOME DESERT WILLOW OVER HERE, AND THAT JUST GIVES YOU A, A SENSE OF HOW THAT WORKS. AGAIN, HERE'S THE, THE BUILDING ITSELF AND THE CANOPY FOR IT. LET'S GO AHEAD IN ADVANCE. UH, THIS IS THE REAR OF THE BUILDING. SO IF YOU'RE BEHIND THE BUILDING, THEY WERE CONCERNED. THE NEIGHBOR WAS CONCERNED ABOUT, UH, THIS LIGHTING. SO THIS LIGHT BAR HAS BEEN REMOVED FROM THE REAR. THERE'S A SIGN ON THE REAR, IT'S BEEN REMOVED, AND THEN A WALK PACK LIGHT FIXTURE THAT WOULD'VE GONE HERE. THAT'S BEEN REMOVED AS WELL TO ADDRESS THE CONCERNS. BUT LET'S GO AHEAD AND ADVANCE ONE MORE. THIS IS THE PHOTOMETRIC STUDY. YOU CAN SEE UNDER THE PHOTOMETRIC STUDY, YOU CAN SEE THESE CIRCLES. THERE IS NO SPILLOVER INTO THE APARTMENT PARKING LOT. SO WE PROVIDE THIS TO THE APARTMENTS AND THEY'VE HAD A CHANCE TO REVIEW IT. AND SO YOU CAN SEE WITH THIS LIGHTING PLAN, UH, THAT THEY WON'T HAVE ANY SPILLOVER LIGHTING. LET'S GO AHEAD IN ADVANCE. UH, AND THEN, UH, AS YOU KNOW, THEY HAVE CHANGED THEIR POSITION FROM OPPOSITION TO SUPPORT. SO WE'VE GOT THE NON OPPOSITION BY THE NEIGHBORHOOD ASSOCIATION AS WELL AS SUPPORT BY THE GREENBRIAR APARTMENTS. AND I BELIEVE THAT'S MY LAST SLIDE. LET'S GO AHEAD IN ADVANCE AND THEN JUST LEAVE IT UP WITH STAFF RECOMMENDATION. I APPRECIATE YOUR TIME THIS AFTERNOON. I'M HAPPY TO ANY QUE ANSWER ANY QUESTIONS Y'ALL MIGHT HAVE. WELL, THANK YOU MR. KILLEN. LET'S SEE, ANY, UH, QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? UM, MY ONLY QUESTION IS ON THE DRIVE THROUGH, AND I THOUGHT I HEARD YOU CORRECTLY, YOU DID SAY SOME OF THE EXIT PARK PARKING WILL BE TOWARDS THE GAS STATION, OR YOU'RE NOT GONNA BE USING IT AT ALL. SO, UH, LET'S GO BACK TO I THINK ONE OF MY FIRST EXHIBITS. UH, KEEP GOING. BACK, BACK, BACK, BACK, BACK. I GOT, YEAH, THERE WE GO. YEAH, THIS IS PERFECT. SO, UH, SO MS. CRUZ, WHAT HAPPENS IS THE PARK, THE CARS WILL COME IN THIS WAY. THEY'LL COME AROUND, THEY'LL, THEY'LL PLACE THE ORDER, THEY'LL PICK UP THE ORDER HERE, AND THEY'LL COME OUT. AND THIS IS THE GAS STATION PROPERTY. WE HAVE AN EASEMENT. SO WHAT THEY'LL DO IS THEY'LL COME OUT THIS WAY SO THEY WON'T COME BACK AROUND. SO PEOPLE ARE REALLY JUST COMING IN HERE AND THEY'RE EXITING HERE. SO ALL OF OUR PARKING THOUGH, SO ACCESS TO THESE SIDE PARKING SPACES IS THROUGH THE GAS STATIONS PIECE, AGAIN, THROUGH AN EASEMENT. AND THEN WE'VE GOT THESE PARKING SPACES. IF YOU COME IN THIS WAY, INSTEAD OF GOING TO THE QUEUE, YOU CAN TAKE A LEFT AND PARK HERE. BUT WHEN YOU PULL OUT, YOU'RE NOT GONNA COME OUT THIS WAY. YOU'RE GONNA COME OUT THIS WAY. THANK YOU. THANK YOU MS. CRUZ. AMANDA. SO, SO, YEAH, SO CURIOUS ABOUT THE EASEMENTS. SO I'M NOT USED TO SEEING THAT, SO, SO IS THAT LIKE A, A LONG TERM ARRANGEMENT MADE WITH THE BUDDING PROPERTY AND SO, SO IT'S JUST INCLUDED WITH IT, SO I'M NOT USED TO SEEING THAT. SO, UH, WHEN WE CAME IN 2019, UH, WE WERE REPRESENTING BOTH PROPERTIES. THIS [02:20:01] IS STILL UNDER ONE OWNERSHIP. OUR CLIENT, UH, ANDY'S HAS THIS PROPERTY IN YOUR CONTRACT. SO IT'S ALL ONE OVER RIGHT NOW. SO, SO EVERYTHING FROM GREENBRIAR TO THE EDGE OF THE PROPERTY IS ALL UNDER ONE OWNERSHIP. SO WHEN THEY CONVEY IT AWAY, THEY'LL LEAVE AN EASEMENT TO ACCESS IT. SO IT'S NOT LIKE WE HAD TO GO BACK TO OUR NEIGHBOR AND BEG FOR IT. IT'S PART OF THE TRANSACTION. AND TYPICALLY THAT'S TITLE INSURED AND IT CONVEYS WITH THE, UH, TRANSACTION. SIR, YOU MUST BE A BANKER. YOU UNDERSTAND THAT? YES SIR. ANY OTHER QUESTIONS? ALRIGHT, UM, MARCO, DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENT TO BE READ IN FOR THE RECORD? NO PUBLIC COMMENT. ALRIGHT, ANY, UH, LAST CLOSING REMARKS, MR. CUMAN? I DON'T WANNA TAKE UP TOO MUCH OF YOUR TIME, SO I WILL SHUT THAT. SHUT UP AND SIT DOWN. ALRIGHT, WELL THAT'LL CLOSE THE PUBLIC PORTION. I'D ASK FOR A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION. MOTION. MR. MANAM, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 1 7 5 HAVE MOVED THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A 10 FOOT VARIANCE FOR THE MINIMUM 30 FOOT SETBACK TO ALLOW A 20 FOOT REAR SETBACK SITUATED AT 8 3 3 8 BROADWAY STREET, APPLICANT BEING KFM ENGINEERING AND DESIGN. 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 THE UDC AS AMENDMENT WOULD RESULT IN AN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. THE APPLICANT IS REQUESTING A 10 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 20 FEET FROM THE REAR PROPERTY LINE, WHICH DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS THERE IS ADEQUATE SPACE REMAINING FROM THE PROPERTY LINE TO THE PROPOSED STRUCTURE. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DEVELOPMENT SPACE WILL BE SIGNIFICANTLY REDUCED UNDER A LITERAL ENFORCEMENT OF THE SETBACK STANDARD DUE TO THE SIZE OF THE LOT, THE MINIMUM REQUIRED PARKING NEEDED TO SUPPORT THE PROPOSED USE AND THE PROPOSED DRIVE-THROUGH AREA THREE. BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUEST WILL OBSERVE THE SPIRIT OF THE ORDINANCE BECAUSE THE PROPOSED STRUCTURE WILL STILL MAINTAIN A REASONABLE DISTANCE BETWEEN THE STRUCTURE AND THE SURROUNDING PROPERTIES. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THIS 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 THIS PROPERTY IS LOCATED. THERE WILL BE A REMAINING 20 FOOT BETWEEN THE STRUCTURE AND THE PROPERTY LINE. THEREFORE THE REQUEST WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. ADDITIONALLY, THE MU THE MULTIFAMILY LOT DIRECTLY ABUTTING THE REAR HAS ITS PARKING AGAINST THE COMMERCIAL LOT WITH BUILDING SETBACKS APPROXIMATELY 50 FEET FROM THE PROPERTY. LINE SIX APPLY OF THE UNIT PROPERTY FOR WHICH ITS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL. THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE PROPERTY FOR WHICH IS, OR IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. UM, THE BRIER SETBACK VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING IN A LOT, SUCH AS THE SIZE OF THE LOT PARKING REQUIRED FOR THE PROPOSED USE AND PROPOSED DRIVE THROUGH FOR THE USE. END OF MOTION. THANK YOU. SECOND. SECOND, MS. CRUZ. SECOND, UH, MR. MANON. UM, SO I'M GONNA AGREE WITH THE CITY'S POSITION AND, UH, VERY GOOD PRESENTATION WITH REGARDS TO EXPLAINING ALL OF THE, UH, DETAILS. UM, I THINK HAVING THE, THE PARKING TO PARK OR THE DRIVEWAY ABUTTING THE PARKING LOT, YOU KNOW, JUST MAKES SENSE, UH, GETTING THE, THE, UM, THE, UM, UM, MULTIFAMILY OR FOR THE APARTMENTS TO AGREE TO THE DIALOGUE AND ALSO THE NON NON OPPOSITION LITTER FROM THE NEIGHBORHOOD ASSOCIATION. UH, DIS SATISFIES ALL MY REQUIREMENTS, SO I'LL BE VOTING IN FAVOR. THANK YOU MS. CRUZ. I AGREE WITH MR. WITH COMMISSIONER MANNA. UH, I DON'T SEE ANY PROBLEMS WITH IT, ESPECIALLY SINCE THEY DO OWN BOTH LOTS AND IT, THEY STILL WILL HAVE PLENTY OF, UH, DRIVEWAY. THANK YOU. ANY OTHER, UH, COMMENTS FROM THE BOARD HERE? NOT AT ASK STAFF TO, LET'S PLEASE TAKE A ROLL CALL. VOTE COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BARRINGTON? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDES? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN? YES, I CONCUR. VICE CHAIR OZUNA? YES, I CONCUR WITH UNANIMOUS. 10 IN FAVOR. ZERO IN OPPOSITION. THE VARIANCE DOES PASS. COULD UP WITH THE PROJECT. THANK YOU. THANK, THANK YOU ALL VERY MUCH. ALRIGHT, THE TIME IS, UH, 3 36 AND OUR CHAIR, DONALD ORIENT IS BACK. HELLO. GOOD AFTERNOON. MARK TRAVIS, SENIOR PLANNER. ITEM NUMBER SEVEN, IT'S BO OA DASH 25 1 0 3 0 0 1 7 6. LOCATED AT 7 0 3 WEST ROSEWOOD AVENUE, CITY COUNCIL DISTRICT ONE APPLICANT [02:25:01] BEING ALFRED DE RIVA. A REQUEST FOR A 1 785 787 AND HALF SQUARE FOOT VARIANCE FROM THE NCD FIVE STANDARD MAXIMUM ALLOWABLE ACCESSORY STRUCTURE TO ALLOW FOR A COMBINED 1,500 SQUARE FEET OF ACCESSORY STRUCTURES TO A TWO FOOT FOUR INCH VARIANCE FOR THE MINIMUM FIVE FOOT REAR SETBACK TO ALLOW FOR AN ACCESSORY STRUCTURE TO BE TWO FEET EIGHT INCHES FROM THE NORTHERN PROPERTY. LINE THREE, A TWO FOOT NINE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE TWO FEET THREE INCHES FROM THE WESTERN PROPERTY. LINE FOUR, A 190 SQUARE FOOT VARIANCE FROM THE MAXIMUM 890 UH, SQUARE FOOT TO ALLOW A FOUR A 1080 SQUARE FOOT DETACHED ACCESSORY DWELLING, UH, ZONING. R SIX SUBJECT PROPERTY IS LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF ROSEWOOD AVENUE AND BEACON AVENUE AND IS JUST SOUTH OF WEST HILDERBRAND AVENUE. CODE ENFORCEMENT INVESTIGATIONS BEGAN IN MARCH OF 2025 REGARDING WORK ON AN ACCESSORY DWELLING UNIT. CODE ENFORCEMENT DID FIND AN ACTIVE PERMIT, HOWEVER, THE APPROVED SCOPE DID NOT INCLUDE AN ADDITION THAT WAS DONE WITHOUT PERMITS. THE APPLICANT WAS INFORMED BY CODE ENFORCEMENT STAFF THAT THE SCOPE OF WORK DONE WITHOUT PERMITS WOULD REQUIRE A RESIDENTIAL IMPROVEMENT PERMIT USING AERIAL IMAGERY. STAFF DETERMINED ACCESSORY DWELLING WAS INCREASED IN SIZE SOMETIME BETWEEN 2020 AND 2021 AND TWO. ACCESSORY STRUCTURES WERE BUILT WITH NON-COMPLIANCE SETBACKS. SOMETIME BETWEEN 2010 AND 2012. THE PROPERTY OWNER WAS UNAWARE OF THE WORK THAT WAS DONE WITHOUT PERMITS AS IT WAS CONDUCTED BEFORE THEIR OWNERSHIP OF THE PROPERTY. THIS IS THE SITE PLAN, SUBJECT PROPERTY, SUBJECT PROPERTY, BUT THIS IS THE, THE REAR SURROUNDING AREA THAT'S ACROSS THE STREET. STAFF RECOMMENDATION, UH, FOR THE NNC D FIVE ACCESSORY STRUCTURE SIZE AND THE UDC SETBACK AND UDC ACCESSORY DWELLING SIZE STAFF RECOMMENDS DENIAL ON VOA 25 DASH 0 3 0 0 1 76 BASED ON THE FOLLOWING FINES. IN FACT, ONE, THE VARIANCES WOULD ALTER THE SENSOR CHARACTER OF THE IMMEDIATE SURROUNDING AREA BY SETTING A PRECEDENT FOR REDUCED SETBACKS AND INCREASED XER INCREASED ACCESSORY STRUCTURE, SQUARE FOOTAGE. TWO, THE OVERSIZED ACCESSORY STRUCTURES AND DWELLING WOULD RESULT IN A CLUTTERED AND AN EFFICIENT USE OF THE PROPERTY WHERE THE PRIMARY USE IS NOT CLEARLY IDENT IDENTIFIABLE. UH, 41 NOTICES WERE MADE OUT. THREE. RETURN IN FAVOR, ONE IN OPPOSITION. AND THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION TO THOSE FOUR REQUESTS. IT'S TWO IN SUPPORT. THIRD ONE IN SUPPORT, UH, EMAIL HERE IN OPPOSITION. AND THIS IS THE BEACON HILL NEIGHBORHOOD ASSOCIATION LETTER. WE RECEIVED THAT, THAT DOES CON CONCLUDE STAFF'S, UH, PRESENTATION. APPLICANT IS PRESENT AND, UH, THEY ARE LOOKING TO AMEND THEIR REQUESTS. AND, AND ON GARCIA, WHAT ARE THESE, THE ACCESSORY STRUCTURES? WHAT, WHAT ARE THEY LIKE? THE, THERE'S TWO SHEDS AND ONE ACCESSORY DWELLING. SO TWO SHEDS. OKAY. YEAH, THOSE TWO ON THE LEFT ARE THE SHEDS. NORTHERN TOP RIGHT IS THE ACCESSORY DWELLING. ALL RIGHT, THANK YOU. HAVE THE APPLICANT COME FORWARD. HELLO, UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON. I'M ANISA SHELL, UH, REPRESENTATIVE FOR THE APPLICANT. 1 1 2 EAST PECAN. UM, CAN YOU, YOU CAN GO TO THE NEXT SLIDE PLEASE. SO THIS PROPERTY IS AN EXISTING SINGLE FAMILY HOME WITH A DETACHED ACCESSORY DWELLING UNIT, UM, AND TWO STORAGE SHEDS AS NOTED BY STAFF. UM, IT'S OWNED SINGLE FAMILY. AND, UM, THIS PROPERTY WAS PURCHASED BY MR. DE LA RIVA IN FEBRUARY OF THIS YEAR. UM, AS STAFF NOTED THERE WAS A LOT OF WORK DONE TO THIS PROPERTY THAT WAS NOT PERMITTED PRIOR TO HIS PURCHASE. UM, HE WAS UNAWARE THAT THIS WASN'T PERMITTED, BUT THE PROPERTY WAS IN BAD CONDITION WHEN HE ACQUIRED IT. UM, NEXT SLIDE PLEASE. UPON PURCHASING THE PROPERTY, HE STARTED, UM, GETTING PERMITS TO REPAIR THE PROPERTY, UM, BOTH THE PRIMARY STRUCTURE AND THE ACCESSORY STRUCTURE. UM, HE PULLED PERMITS, UH, IN APRIL FOR THE ACCESSORY DWELLING UNIT AND DURING A FRAMING INSPECTION, UM, THE INSPECTOR REALIZED THAT THE ACCESSORY DWELLING UNIT WAS LARGER THAN WHAT WAS ON BCAD [02:30:01] AND WHAT WAS, AND WAS ALSO LARGER THAN WHAT IS PERMITTED BY THE UDC AND THE NEIGHBORHOOD CONSERVATION DISTRICT FOR THIS AREA. UM, AS NOTED, THAT WAS DONE SOMETIME BETWEEN 2019 AND 2021. SO, UM, AT THAT TIME HE APPLIED FOR A VARIANCE TO BE ABLE TO PULL THE PERMIT TO CORRECT THAT ERROR. THE ORIGINAL REQUEST, UM, AS STAFF, UH, DETAILED IT, UM, WE MET WITH THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION IN, UM, LAST WEEK ON THE 20TH. WE ALSO MET WITH THEIR ZONING COMMITTEE, UM, IN SEPTEMBER. UH, THEY HAD CONCERNS OVER THIS PROPOSAL IN GENERAL. UM, IT IS A LOT OF LOT COVERAGE WITH THOSE TWO SHEDS AND THE ADDITIONAL SQUARE FOOTAGE ON THE A DU. WHEN YOU LOOK AT THE ORANGE, UM, OUTLINE OF THE ACCESSORY DWELLING, YOU CAN KIND OF SEE A SHADED AREA THAT'S APPROXIMATELY THE ADDITIONAL SQUARE FOOTAGE THAT WAS ADDED BY A PREVIOUS PROPERTY OWNER. UM, DURING OUR DISCUSSION WITH THE NEIGHBORHOOD, UM, OR AFTER OUR DISCUSSION WITH THE NEIGHBORHOOD, RATHER WE DECIDED, UM, THAT WE COULD GO AHEAD AND ELIMINATE THOSE TWO SHEDS. SO WE ARE AMENDING OUR REQUEST. NEXT SLIDE PLEASE. UM, SO WE'RE TAKING OFF THE, UH, TWO PARTS OF THE REQUEST FOR THE SIDE AND REAR SETBACK VARIANCES. UM, AND THAT AFFECTS THE FIRST PART OF THE REQUEST. THE NEIGHBORHOOD CONSERVATION DISTRICT LIMITS THE AMOUNT OF, UM, ACCESSORY STRUCTURE SQUARE FOOTAGE TO BE 40% OF THE PRIMARY STRUCTURE. UM, THAT 40% IS ABOUT 712 AND A HALF SQUARE FEET. THE ACCESSORY STRUCTURE OBVIOUSLY EXCEEDS THAT, BUT IF WE ELIMINATE THE ROUGHLY 420 SQUARE FEET OF THE SHEDS, UM, THAT REDUCES THAT FIRST VARIANCE REQUEST TO A 368 FOOT VARIANCE RATHER THAN 787. UM, WE ARE STILL, UH, ASKING FOR THE VARIANCE FOR 190 SQUARE FEET, UM, ON THE ACCESSORY STRUCTURES TO ALLOW IT TO REMAIN THE SAME SIZE. HE'S NOT INCREASING THE SQUARE FOOTAGE AT ALL. THIS IS THE SAME SIZE AS IT WAS WHEN HE PURCHASED IT. HE'S JUST RENOVATING IT. THE WORK IS EXTENSIVE. HE TOOK IT ALL THE WAY DOWN TO THE STUDS, PUT ON NEW SIDING AND SO IT CAN'T BE GRANDFATHERED BECAUSE IT IS TOO MUCH WORK. UM, I KIND OF WALKED THROUGH THIS TIMELINE ALREADY, BUT, UM, THIS WAS A PROBLEMATIC PROPERTY FOR THE NEIGHBORHOOD. UM, MY UNDERSTANDING IS IT WAS A CANDIDATE FOR THE CITY'S DART PROGRAM. UM, IT WAS A DANGEROUS PREMISE IN A LOT OF WAYS. THERE WERE, UM, TOO MANY PEOPLE LIVING ON THE PROPERTY, A LOT OF WORK DONE WITHOUT PERMITS. SO, UM, IT WAS A NUISANCE BEFORE IT WAS PURCHASED, UH, BY MR. DE LAVA. HE DID PULL PERMITS. UM, AND I, I DID WALK THROUGH THE REST OF THIS TIMELINE, BUT, UM, HE IS TRYING TO BRING IT INTO COMPLIANCE, UH, THROUGH THESE VARIANCES. THIS IS A LIST OF THE PERMITS HE PULLED FROM THE TIME HE PURCHASED IT UNTIL TODAY IT'S 30. THERE ARE 30 PERMITS. SO AGAIN, THE AMENDED REQUEST, UM, WOULD JUST ALLOW FOR THIS 1080 SQUARE FOOT ACCESSORY DWELLING UNIT THAT IS EXISTING. UM, IF YOU GRANT THE VARIANCE, IT WILL ALLOW THE CITY TO ISSUE A PERMIT SO THAT HE CAN FINISH THE RE UH, RENOVATIONS. UM, HE IS, HE'S BEEN WORKING HARD AND AS YOU SAW PREVIOUSLY, HE HAS THE SUPPORT OF THE SURROUNDING NEIGHBORS. ONE OF THE ITEMS THAT HE HAS, UM, WORKED ON WITH THIS, UM, RENOVATION IS HE MOVED THE DOOR FROM THE SIDE THAT FACES BEACON AVENUE TO FACE THE BACKYARD. UM, ONE OF THE THINGS THAT BEACON HILL CARES A LOT ABOUT IS THE OWNER OCCUPANCY REQUIREMENT FOR ACCESSORY DWELLING UNITS. UM, HE'S AWARE OF THAT REQUIREMENT AND UM, INTENDS TO COMPLY WITH THAT. SO NOW THE FRONT DOOR FOR THE ACCESSORY DWELLING DOES FACE THE MAIN HOUSE. SO FINDINGS, THE FACT, UM, WE BELIEVE THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. UM, IT WILL PROVIDE ADDITIONAL HOUSING AT THE NEIGHBORHOOD SCALE AND IT'LL ALLOW, UM, IT WILL ALLOW HIM TO COMPLETE THESE RENOVATIONS IN COMPLIANCE WITH THE UDC. UM, A LITERAL ENFORCEMENT WOULD CAUSE AN UNNECESSARY HARDSHIP. HE WOULD HAVE TO TAKE DOWN THE ADDITIONAL SQUARE FOOTAGE. UM, AND THAT WOULD BE A SIGNIFICANT IMPACT TO HIS PROJECT COSTS. UM, IT WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. UM, IT'S VERY COMMON TO HAVE, UH, ACCESSORY DWELLING UNITS DETACHED, UH, THROUGHOUT THIS NEIGHBORHOOD. UM, ALSO SOME OF THE PROPERTIES AROUND THIS AREA ARE ZONED RM FOUR. SO THERE ARE MULTIPLE PROPERTIES IN THIS AREA. UM, WITH MORE THAN ONE DWELLING UNIT ON THE PROPERTY, ONLY PERMITTED RESIDENTIAL USES WILL TAKE PLACE ON THE PROPERTY. UM, AND THE ACCESSORY STRUCTURES ARE EXISTING. UH, THE OWNER DID NOT CAUSE THIS [02:35:01] CONDITION. UM, AGAIN, HERE'S OUR SUPPORT FROM THE SURROUNDING NEIGHBORS AND UM, WE DID MEET WITH THE BEACON HILL, UM, ASSOCIATION TWICE. UH, THEY DID VOTE TO OPPOSE THIS, BUT WE FELT THAT, UM, ELIMINATING THE SHEDS, ALTHOUGH IT WOULD NOT ADDRESS ALL OF THEIR CONCERNS, WOULD ADDRESS MANY OF THEIR CONCERNS WITH THE OVER CLUTTERING OF THE LOT, WHICH IS ALSO SOMETHING THAT STAFF MENTIONED. SO WE'RE HERE FOR ANY QUESTIONS. SO WHEN YOU MET THE SECOND TIME WITH BEACON HILL AND YOU TALKED TO THEM ABOUT THE REMOVING THE SHEDS, MOVING THE DOOR TO THE SIDE, DID THE VOTE CHANGE AT ALL? I MEAN, DID YOU GET ANYBODY WHO WAS POSITIVE FROM THE NEIGHBOR'S ASSOCIATION? SO WE DID NOT, UM, DISCUSS REMOVING THE SHEDS AT THE LAST MEETING WE HAD WITH THEM. UH, WE MADE THAT DECISION AFTER MEETING WITH THEM. UM, THEIR PROCESS IS YOU MEET WITH THEIR ZONING COMMITTEE FIRST AND THEN THEY TAKE IT TO THEIR GENERAL BODY TO MAKE A RECOMMENDATION. UM, I DO BELIEVE THEY HAVE SOMEONE HERE THAT IS WILLING TO SPEAK TO THEIR THOUGHTS. UM, BUT WE DID PRESENT TO THEIR BODY. UM, WE HAD A LOT OF QUESTIONS. UH, THE SHEDS CAME UP A COUPLE OF TIMES. COULD THEY BE MOVED, COULD THEY BE MOVED FURTHER IN? BUT OVERALL THE LOT COVERAGE AND BEING SO FAR OUT OF COMPLIANCE WITH THEIR NCD SEEMED TO BE A LARGE CONCERN. SO WE DISCUSSED THAT AFTER THE FACT. AND THAT WAS AN AMENDMENT WE DECIDED TO MAKE LAST WEEK. AND, AND THE ACCESSORY STRUCTURES IN THE REAR, THE ADDITION THAT'S ON THE SIDE, YOU KNOW, AWAY FROM THE STREET THERE. WHAT IS IT? IS IT ALL LIVING SPACE? IS THERE ANYTHING ABOUT IT OTHER THAN LIVING SPACE? IT'S ALL LIVING SPACE, BUT IT'S SINGLE STORY. YES. OKAY. ALRIGHT. UH, IS THERE ANY COMMISSIONER QUESTIONS? CRUZ? OH, COMMISSIONER CRUZ AND AZU. OKAY. SO WITH THE AMENDMENT THAT YOU'RE DOING TILL YOU WILL ONLY HAVE TWO BUILDINGS IN THE, ON THE PROPERTY, CORRECT? YES. THE MAIN HOUSE AND THE ACCESSORY AND THE TWO SHEDS WILL BE TORN DOWN? THAT'S CORRECT. OKAY. THANK YOU. COMMISSIONER ZUNA, I WAS JUST SEEKING CONCURRENCY APPLICANT, UH, AMENDED THE REQUESTS FOR THE 360 8 SQUARE FEET AND, AND I JUST WANTED TO SEE CONCURRENCE FROM STAFF. IS THAT'S CORRECT ON THE NUMBERS? IF WE REMOVE THOSE TWO, THAT MATH DOES CHECK OUT. THANK YOU MANA COMMISSIONER MANNA. SO, UM, WAS IT, SO TRYING TO UNDERSTAND, UM, THERE WAS A STRUCTURE THERE THAT WAS A STRUCTURE THERE BEFORE, LET'S SEE, HOW LONG HAS THERE BEEN TWO ADUS UH, UM, ON THIS PROPERTY? HAS THERE ALWAYS BEEN TWO? THERE'S ONLY ONE A DU. OKAY, WELL HOW LONG HAS THAT A DU BEEN IN PLACE? SO I DON'T KNOW HOW LONG THE ORIGINAL PORTION OF THE A DU HAS BEEN IN PLACE, BUT IT WAS EXPANDED SOMETIME BETWEEN 2019 AND 2022. WE KNOW THAT FROM GOOGLE STREET VIEW BEING ABLE TO GO BACK THROUGH THAT HISTORY. UM, BUT I DON'T KNOW WHEN THE ORIGINAL SQUARE FOOTAGE OF THE A DU WAS CONSTRUCTED. AND SO DO WE HAVE, SO WAS THE ORIGINAL A DU COMPLIANT WITH REGARDS TO THE SIZE, UH, FOR THE PROPERTY ITSELF FROM A SQUARE FOOTAGE PERSPECTIVE? SO, I DON'T KNOW. SO JUST LOOKING AT BA UH, BC AD, IT SHOWS THAT THE DETACHED LIVING AREA WAS POSSIBLY BUILT IN 1946 WHEN THE HOME WAS BUILT. AND SO, UM, I'M NOT CERTAIN OFF THE TOP OF MY HEAD WHAT ZONING WAS ON. I MEANT DEFINITELY NOT ON SQUARE FOOTAGE MINIMUMS, I BELIEVE. AND, AND THEN IN 2019, THE PROPERTY, SO THE A DU WAS EXPANDED. UM, AND SO IS THAT LINE, WHAT WAS THE, THE ADDITION THERE IS, IS THAT GRAYED OUT OR THE HASHED AREA? YES, THE DASH LINE AND THE HASHED AREA IS WHERE, UM, THE ADDITIONAL SQUARE FOOTAGE CAME FROM THAT A PREVIOUS PROPERTY OWNER PUT ON. SO WITH REGARDS TO THE PERCENTAGE THEN, UM, SO SO IS IT THE SAME PERCENTAGE THEN THAT WE'RE OVER? SO I THINK I SAW A NOTICE NOTICE ABOUT HOW MUCH OVER THE PERCENTAGE OF THE A DU WAS RELATIVE TO THE MAIN STRUCTURE. SO IS THAT NUMBER PROVIDED? 'CAUSE WE HAD THE 40% NUMBER AND 50% AND CORRECT WHAT THE NUMBER CURRENT NUMBER IS. SO THIS HAD TO BE BROKEN OUT. UM, THE NEIGHBORHOOD CONSERVATION DISTRICT, BEACON HILL HAS A 40% FOR ALL ACCESSORY STRUCTURES. AND SO THAT'S WHY YOU'RE SEEING A DIFFERENT NUMBER VERSUS WHAT THE A DU VER PER UDC CODE IS. SO AGAIN, WHAT, YOU KNOW, THAT 3 86 WOULD BE THE, TO THE 40% FOR THE NCD. UM, AND THEN YOU'RE ALSO VOTING ON THE 10 80, UM, THE ADDITIONAL ONE 90 SQUARE FEET, UH, REGULATION BECAUSE THEY'RE WANTING TO KEEP THE BUILDING OF 1080 SQUARE FEET, WHICH CAN BE UP TO HALF OF THE ORIGINAL OR THE MAIN STRUCTURE. AND, UM, AND SO I KNOW THAT [02:40:01] I, ON MY PROPERTY, I CAN PUT UP A 300 SQUARE FOOT, UM, STRUCTURE IN MY BACKYARD WITHOUT GETTING A PERMIT. UM, WOULD THIS ALLOW THAT AS WELL? SO EVEN IF YOU DON'T HAVE TO GET A PERMIT, YOU STILL HAVE TO BE WITHIN THE EITHER UDC OR NCD GUIDELINES? SO THERE'S SOME, UM, SMALL BUILDINGS, YEAH, THEY CAN GET, UH, THEY CAN PUT UNDER 300 SQUARE FOOT, BUT IF IT DOESN'T MEET THE UDC OR AND NEIGHBORHOOD CONSERVATION DISTRICT GUIDELINES, THEY'RE GONNA HAVE TO COME BACK HERE. OKAY. SO THEY COULDN'T, THEY COULDN'T GO BACK AFTER THE FACT IF THEY TORE OUT THESE AND PUT 'EM BACK AFTER THEY'D BE ONCE AGAIN OUT OF MORE OUTTA COMPLIANCE THAN WHAT THEY'RE CURRENTLY WORKING THROUGH. OKAY. THANK YOU. YEAH, I WANTED TO, TO CHIME IN ON THAT. SO THE, THE, THE, FOR THE VARIANCE FOR THE A DU, IT'S 50%, UH, BUT IN, IN 1946 IT LOOKED LIKE THE A DU THEY BUILT WAS 880 SQUARE FEET, WAS JUST UNDER THE 890 ALLOWED. SO THE ADDITION THAT THEY DID IN 2019 IS WHAT PUT IT OVER THE EDGE. AND WHEN DID THAT NCD COME INTO EFFECT? I, I BELIEVE THE, IN CD DECEMBER OF 2005. OKAY. THIS HAS BEEN THERE QUITE A WHILE, SO. RIGHT. ANY OTHER QUESTIONS? I HAVE A QUESTION. COMMISSIONER. COMMISSIONER BROWN, IS THIS CONSIDERED A HISTORIC DISTRICT HERE? IT'S NOT. NO. NO, NO. IT IS NOT A HISTORIC DISTRICT. OKAY. BECAUSE I NOTICED THE DIFFERENT, DIFFERENT WINDOWS. THERE'S A ONE OVER ONE AND A TWO OVER TWO, AND THEN THE LITTLE WINDOWS ON THE, I I GUESS THE FRONT ONE IS THE, UH, ORIGINAL RESIDENT. AND ON THE A DU, IT'S UM, DIFFERENT. I BELIEVE THE, UH, THE WINDOWS THAT WERE BASED ON NEIGHBOR CONSERVATION DISTRICT HAVE BEEN REVIEWED. UM, WE DIDN'T FIND ANY ISSUES WITH THE WINDOWS. MADAM COMMISSIONER MAD. I'M JUST TALKING ABOUT CONSISTENCY HERE. YOU KNOW, EVEN IF IT ISN'T A HISTORIC DISTRICT, THE WINDOW SHOULD BE CONSISTENT. THANK YOU. MANNA COMMISSIONER MANNA, YOU HAVE A QUESTION? SO, SO, UM, SO CAN, SO IF WE HAD A, WE'LL SAY, UH, EVEN THOUGH THE, THE HOUSE HAS BEEN REPLACED, IF THERE WAS AN ORIGINAL FOOTPRINT, WE'LL SAY FROM 1940, WHATEVER, UM, AND WE WENT BACK TO THAT BUILDING TO SAY, UM, CAN IT BE, CAN THE MOTION BE READ, I GUESS ADJUSTED FOR HOW MANY SQUARE FOOT WE CAN ALLOW? I GUESS, OVER, YOU KNOW, GOING BACK TO THE ORIGINAL 1942, UM, ORIGINAL A DU THAT WAS THERE, CAN, CAN A MOTION BE READ WHERE IT IS LIMITED FROM THAT PERSPECTIVE? OR IS IT AN ALL OR NONE THING? SO RIGHT NOW THEY'RE REQUESTING FOR THE FULL 1080 SQUARE FEET, UM, AND THAT'S THE LIMIT. BUT IF YOU, IF BOA MAKES A MOTION FOR LESS THAN THAT, THAT'S, THAT'S WHAT THEY'RE GONNA ADJUST. SO PERMITTED. OKAY. I JUST WANTED TO MAKE SURE THOUGH. OKAY. THANK YOU. YEAH. AND, AND IN, IN THE, THE 1946, THE 880 SQUARE FOOT, DID THAT VIOLATE THE NCD IF THE SHEDS WERE GONE? I BELIEVE THE LIMIT WAS 800 SQUARE FEET. UH, I'D HAVE TO DOUBLE CHECK THAT. OH 7 87. SO YES, IT'S, SO IN 19 IT IT, IT, IT ALWAYS VIOLATED WHEN THE CD CAME IN, IT WAS NONCONFORMING AT THE NCD. WELL WE DIDN'T HAVE A N CD AT THAT. YEAH, RIGHT. AND 2005, WHEN THE NCD CAME INTO EFFECT, WHAT WAS IN THE BACKYARD BECAME A NON-CONFORMING USE. SO IT LOOKS LIKE IT DOES LOOK LIKE THAT. UM, THE 40% OF THE MAIN STRUCTURE IS ABOUT 700, APPROXIMATELY 713 SQUARE FEET. SO YOU'RE CORRECT. AN 880 SQUARE FOOT EXISTING STRUCTURE BASICALLY WAS NON-CONFORMING ONCE BEACON HILL NCD WAS ADOPTED. OKAY. ALRIGHT. ANY OTHER QUESTIONS? ANY VOICEMAILS, ANYONE ENTERED TO SPEAK? THAT'S TWO VOICEMAILS I WANNA SPEAKER. ALL RIGHT. LET HEAR THE VOICEMAILS LIVE AT 10 38 WEST SUMMIT AVENUE. 8 1 8 4 8 9 2 5 9 9. I'M CALLING FOR THE BEACON HILL NEIGHBORHOOD ASSOCIATION REGARDING CASE BO A 25 1 0 3 0 0 1 7 6 OH. CAN YOU PAUSE THAT REAL QUICK AVENUE, MRS. CYNTHIA? YES. IS THAT YOUR VOICEMAIL? CYNTHIA WALKER. OKAY. YOU WANNA SPEAK OR DID YOU WANT THE VOICEMAIL PLAYED? SHE'S SPIELMAN ON WALKER. OKAY. D AND THEN I'LL SPEAK, DISREGARD. GO AHEAD. KEEP PLAYING. DEAR BOARD OF ADJUSTMENT MEMBERS HAN VOTED AT THIS REGULARLY SCHEDULED MEETING NOT TO SUPPORT THE APPLICANT'S REQUESTED FOR VARIANCES TO THE NC FIVE TWO SETBACK VARIANCES FOR TWO ACCESSORY UNITS. A VARIANCE FOR THE SIZE OF AN A DU AND A VARIANCE FOR THE SIZE OF ALL THE ACCESSORY UNITS COMBINED. THE RESIDENTS VOTED ON EACH VARIANCE INDIVIDUALLY [02:45:01] NOT TO SUPPORT FOR THE FOLLOWING REASONS. THE NCD FIVE STANDARDS REQUIRE THAT AN NDU BE KNOWN BIGGER THAN 40% OF THE MAIN STRUCTURE. AND THE UDC REQUIRES NO MORE THAN 50%. CONSIDER THE VARIANCE EXTREME CREATING AN EFFECT TWO FULL UNITS ON SINGLE FAMILY ZONE LOT. THIS SETS THE PRECEDENCE FOR OTHER PROPERTIES TO CREATE A LARGE AMOUNT ALLOWED A D FEATURE FUTURE BOA CASES. THE VARIANCE REGARDING THE SETBACKS AND COMBINED SIZE OF ACCESSORY UNITS CREATE A SINGLE FAMILY PROPERTY WITH MULTIPLE UNITS, WHICH IS DIFFERENT THAN THE SURROUNDING PROPERTIES. MAHANA RECOGNIZES THE OWNER PURCHASED THE PROPERTY WITH THE OVERSIZED A DU AND OTHER ACCESSORY UNITS, BUT THESE WERE RELATIVELY RECENT ADDITION FILLED BETWEEN 2019 AND 2024 WITH NO PERMITTING BY THE PREVIOUS OWNER GENERATING 91 SERIES VIOLATIONS INVOLVING ELECTRICAL, STRUCTURAL WATER RUNOFF AND PLUMBING ISSUES. ACCORDING TO A DANGEROUS PREMISES INVESTIGATION REPORT OF JUNE, 2024. WE FEEL THAT THE NEW OWNER SHOULD HAVE BEEN AWARE, PARTICULARLY AS HE IS SELLING THE PROPERTY, AND WE ASSUME THAT THE OWNERS IN BUSINESS OF BUYING THESE TYPES OF PROPERTIES TO REHAB HAS BEEN A COMMON RETRAIN BY DEVELOPERS, REHABS AND PLUMBERS SLIPPERS THAT THEY WERE UNAWARE OF PREVIOUS ISSUES. BAHANA SUGGESTS THAT THE OWNER REZONED R SIX CD FOR TWO UNITS, WHICH WOULD ACCOMMODATE A DUPLEX, WHICH IS MORE ACCURATE DESCRIPTION OF THIS PROPERTY, AND IS SUPPORTED BY THE MIDTOWN NEIGHBORHOOD'S PLANNED USE DESCRIPTION OF LOW DENSITY RESIDENTIAL. THIS WOULD ALLEVIATE THE TEMPTATION, TEMPTATION FOR AN INVESTOR AND INVESTOR TO RENT OUT BOTH UNITS WITHOUT LIVING ON THE PROPERTY, WHICH IS ILLEGAL. ZONING CHANGES ARE MORE EXPENSIVE THAN VARIANCES, BUT THE PROPERTY WILL BE WORTH MORE. WE WANT TO THANK THE REPRESENTATIVES OF THE OWNER OR CHIEF MCKNIGHT, PLLC FOR WORKING DILIGENTLY WITH THE BEACON RESIDENCE. IN PARTICULAR, ANISA SHELL WHO GAVE AN EXCELLENT PRESENTATION, BEACON HILLS AND CD FIVE STANDARDS ARE CREATED AND PROVIDE AND REVISED BY THE COMMUNITY TO CREATE A MORE STABLE NEIGHBORHOOD AS WE EMBRACE CHANGE WHILE PRESERVING WHAT RESIDENTS CHOOSE AS THE MOST IMPORTANT ELEMENT OF OUR BUILT ENVIRONMENT. UNLESS THERE'S A SAFETY HEALTH ISSUE OR AN UNAVOIDABLE BUILDING ISSUE, WE BELIEVE THAT THE NCD FIVE STANDARDS SHOULD BE SUPPORTED. WE FOUND NEEDED TO BE THE CASE. IN THIS PARTICULAR INSTANCE, MAHANA ASKED RESPECTFULLY THAT SHE DENIED FOUR MCD FIVE VARIANCES REQUESTED AT 7 0 3 FLEDGE ROSEWOOD AVENUE. THANK YOU, CYNTHIA WALKER. MY NAME IS ROBIN ROGERS. I LIVE AT 7 0 2 WEST ROSEWOOD AVENUE. UM, MY TELEPHONE NUMBER IS (210) 725-4860 AND THIS IS IN REGARDS TO CASE NUMBER 1 7 6 TO THE HONORABLE MEMBERS OF THE SAN ANTONIO BOARD OF ADJUSTMENT. MY NAME IS ROBIN ROGERS AND I RESIDE AT 7 0 2 WEST ROSEWOOD NEAR THE PROPERTY IN QUESTION. I'M HERE TODAY. I AM CALLING TODAY TO VOICE MY STRONG OPPOSITION TO THE VARIANCE REQUEST FOR THE PROPERTY AT 7 0 3 WEST ROSEWOOD AVENUE. THIS REQUEST IS A BRAZEN ATTEMPT TO SEEK RETROACTIVE APPROVAL FOR THE MASSIVE CONSTRUCTION PRO PROJECT THAT WAS NOT ONLY BUILT ILLEGALLY BY A PRIOR OWNER, BUT WAS ALSO REMODELED BY THE CURRENT APPLICANT AND DELIBERATE DEFIANCE OF CITY CODE. THE APPLICANT'S ACTIONS, INCLUDING MISREPRESENTING THE PROJECT TO OBTAIN A PERMIT DEMONSTRATE PATTERN OF WILLFUL DISREGARD FOR THE LAW. THE APPLICANT IS REQUESTING VARIANCES FOR LEGAL STRUCTURES THEY PURCHASED AND SUBSEQUENTLY REMODELED. MY OPPOSITION IS BASED ON THREE CORE ISSUES. THE APPLICANT'S DELIBERATE AND KNOWING VIOLATION, THE SUBSTANTIAL HARM TO THE NEIGHBORHOOD AND THE DANGEROUS PRECEDENT. THAT DECISION WOULD SET THE HARDSHIP STEMS FROM THE APPLICANT'S KNOWING AND DELIBERATE ACTIONS. WHILE THE ILLEGAL STRUCTURES WERE INITIALLY BUILT BY A PRIOR OWNER, THE CURRENT APPLICANT HAS THROUGH THEIR OWN ACTIONS, CREATED THEIR HARDSHIP FAILURE OF DUE DILIGENCE. UPON PURCHASING THIS PROPERTY, THE APPLICANT FAILED TO CONDUCT PROPER DUE DILIGENCE, WHICH WOULD HAVE REVEALED THE PRIOR LEGAL CONSTRUCTION. THE APPLICANT'S ORIGINAL PERMIT APPLICATION WAS INCORRECTLY FILED AS A REMO AS A MINOR REMODEL. THIS IS A CRUCIAL POINT. AS A MINOR REMODEL PERMIT CANNOT BE USED TO LEGALIZE EXISTING STRUCTURES. THE PERMIT APPLICATION ITSELF REPRESENTS A MISREPRESENTATION OF THE SCOPE OF WORK AND A KNOWING VIOLATION. THE INCORRECT PERMIT FILING RESULTED IN A, IN A STOP WORK ORDER. AFTER THIS, THE APPLICANT OBTAINED NEW PERMITS THAT BY STANDARD PRACTICE WOULD'VE MADE HIM AWARE OF THE SPECIFIC UDC AND NCD FIVE RULES, INCLUDING SETBACK AND SIZE LIMITATIONS. DESPITE THIS, THE APPLICANT CONTINUED WITH A REMODEL THAT VIOLATED THESE RULES. THEIR ACTIONS DEMONSTRATE THAT THEIR VIOLATIONS WERE NOT BASED ON IGNORANCE, BUT A KNOWING DISREGARD FOR THE CODE. THE SAN ANTONIO UDC IS CLEAR [02:50:01] THAT A VARIANCE CANNOT BE GRANTED. UM, IT'S REALLY A HARDSHIP THAT IS SELF CREATED. OH GOD, PLEASE DELETE THIS. I AM READING MY FULL STATEMENT. OH, OKAY. RIGHT. UM, WE GOT MRS. CYNTHIA. ALL RIGHT. STATE YOUR NAME AND TELL US YOUR THOUGHTS. UM, I'M CYNTHIA SPILLMAN. I LIVE AT 900 WEST WOODLAWN. I AM A MEMBER OF OUR Z COMMITTEE AS WELL AS SIT ON THE BOARD. UM, I DON'T WANNA REPEAT. I HOPE YOU HEARD EVERYTHING THAT CYNTHIA WALKER, YOU KNOW, LET YOU KNOW 'CAUSE SHE HAD TO READ IT VERY QUICKLY. UM, YOU KNOW, OUR NEIGHBORHOOD, UM, OUR NC D FIVE IS IMPORTANT BUT SO ARE ADUS. WE JUST DON'T FEEL THAT HAVING TWO, UM, HOMES ON ONE LOT. I THINK IT DEFEATS THE PURPOSE OF A DU THAT THEN BECOMES A DUPLEX. AND WE HAVE SUGGESTED THAT THE OWNERS SEEK, UM, YOU KNOW, A, A ZONING, UH, CHANGE FOR OUR SIX CD FOR TWO UNITS, WHICH WOULD BE MORE ACCURATE ABOUT WHAT'S NOW SITTING ON THAT PROPERTY. UM, AGAIN, YOU KNOW, WE KNOW THAT THAT'S A MORE EXPENSIVE PROCESS, BUT HIS PROPERTY WOULD BE WORTH MORE AND IT, AND TO ME IT WOULD BE MORE CONFORMING TO WHAT'S IN OUR NEIGHBORHOOD. UM, AT OUR NEIGHBORHOOD MEETING, WE PRESENTED BOTH SIDES. WE ADVERTISE IT IN OUR NEWSLETTER. I KNOW TO GO TO DIFFERENT NEIGHBORS, THERE'S A LOT OF MISCOMMUNICATION. YOU HEARD FROM ONE NEIGHBOR HERE. THERE WAS ANOTHER NEIGHBOR THAT WAS FOR IT BECAUSE SHE SAID, WELL, THE OWNER'S GONNA PUT HIS ELDERLY MOTHER IN THE A DU. AND I DON'T KNOW WHAT WAS SAID TO HER, BUT TO US WHAT WAS IMPORTANT IS THAT THE DEVELOP, UM, THE, THE, UH, THE ATTORNEY OR THE, THE REPRESENTATIVE FOR THE APPLICANT, ANISSA SHELL CAME TO OUR NEIGHBORHOOD, WHICH WAS OUR ASSOCIATION MEETING, WHICH IS ADVERTISED THAT WE WERE GONNA HEAR THIS CASE. A LOT OF PEOPLE SHOWED UP. SHE DID AN EXCELLENT, PROBABLY THE BEST JOB I'VE EVER SEEN ANYBODY DO IN OUR NEIGHBORHOOD FOR PRESENTING. WE ALSO PRESENTED OUR CASE, WE PRESENTED OUR RECOMMENDATIONS. WE DON'T SHARE OUR RECOMMENDATIONS AHEAD OF TIME. WE'RE NOT HERE TO BIAS ANYBODY. WHAT WE'RE HERE IS TO HELP NEIGHBORS MAKE INFORMED CHOICES. UM, THEY CHOSE, THEY MADE A MOTION TO HEAR EV TO VOTE ON EACH INDIVIDUALLY. THEY TALKED ABOUT IT AND THEY DECIDED THAT THEY DID NOT WANT A LOT OF BUILDINGS, BUT PARTICULARLY TWO BUILDINGS THAT ARE AROUND THE SAME SIZE ON A SINGLE FAMILY LOT. AND WERE OPEN TO THE IDEA OF, UM, A ZONING CHANGE. UM, SO I'M HOPING THAT YOU'LL SUPPORT THE NEIGHBORHOOD. UM, I KNOW, YOU KNOW, IT'S HARD. ANISA IS ACTUALLY A FRIEND, SO IT'S VERY DIFFICULT TO TALK, UH, AGAINST A CASE THAT SHE'S FOR, BUT THIS IS WHAT OUR NEIGHBORHOOD RESIDENTS FELT WAS IMPORTANT. THANK YOU. MANNA. I HAVE QUESTIONS. COMMISSIONER MANNA. OKAY. SO, UM, SO I'M CONFUSED A LITTLE BIT WITH REGARDS TO, UM, SAYING LET'S GO AHEAD AND PUT IN A CD CHANGE OR, OR, OR A, UM, A ZONING CHANGE AND THEN IT'S OKAY. UM, WELL, WELL, YOU KNOW, VERSUS, YOU KNOW, THE PROPERTY AS IT'S BUILT. SURE. YOU KNOW, FROM THE SIZE, BECAUSE WE AREN'T CHANGING THE SIZE HERE, YOU'LL BUT CHANGE THE ZONING AND TRY TO UNDERSTAND THE COMMUNITY'S PERSPECTIVE ON THAT. WELL, WELL THE PERSPECTIVE WAS THAT YOU HAVE THESE TWO UNITS. UM, THE, THE A DU IS AS BIG AS MANY OF THE HOUSES IN THE AREA. SO THERE'S A SENSE THAT YOU HAVE TWO UNITS SITTING ON A SINGLE FAMILY LOT THAT ARE HOME SIZE UNITS. I THINK THE IDEA IS THE NEIGHBORS HAVE, THEY'VE STRUGGLED WITH THE PREVIOUS OWNER, NOT THIS OWNER, BUT A PREVIOUS OWNER. WHAT HAPPENS IN OUR NEIGHBORHOOD IS INVESTMENT COMPANIES BUY THESE PROPERTIES AND THEY RENT OUT BOTH WHEN BY LAW THEY'RE SUPPOSED TO LIVE IN ONE AND RENT OUT THE OTHER. AND THEN IT'S UP TO NEIGHBORS TO CONSTANTLY HAVE TO REPORT THIS. AND THEN YOU'RE STUCK LIKE, OKAY, I DON'T WANNA TURN SOMEBODY OUT. SO IT BECOMES AN ISSUE. OUR NEIGHBORHOOD PLAN, LAND USE SUPPORTS, UM, DUPLEXES ON OUR SIXES, ON ON, I'M SORRY, ON LOW DENSITY RESIDENTIAL. AND IF HE WERE TO GET THAT ZONING, THEN YOU'VE GOT, HE CAN KEEP WHAT HE HAS. HE'S GOT TWO FULL UNITS ON A LOT AND IT NOW BECOMES A LEGAL DUPLEX AND SOMEONE CAN BUY IT AND USE ONE AS AN A DU IF THEY WANT TO. BUT YOU KNOW, INVESTORS, THEY, IF SOMEBODY WANTS TO RENT IT OUT, BOTH OF THEM, THEY CAN. WELL THERE'S, THERE'S PROS AND CONS TO BOTH OF THAT. SURE. RIGHT NOW, UM, IF WE GOING THROUGH US, THERE'S A LIMIT TO WHAT YOU COULD DO. SO WE COULD SET THAT LIMIT. SURE. BECAUSE SHE GOT RID OF THE SHEDS. WE COULD SAY, WHAT'S THERE NOW IS ALL YOU'RE EVER GONNA GET. IF YOU GO THROUGH THE ZONING CHANGE ROUTE, THEN CORRECT ME IF I'M WRONG, THEN YOU COULD PUT 50% ACCESSORY UNITS ON EACH OF THE UNITS AND REALLY GO TO TOWN ON THE, ON THE, ON THE BOXES IN THE BACKYARD. IF THE ZONING CHANGE WERE TO BE APPROVED, I, I DON'T BELIEVE YOU CAN PUT ADUS UM, ACCESSORY DWELLING UNITS ON [02:55:01] DUPLEXES. SO, AND YOU CERTAINLY COULDN'T RENT THEM. SO YOU CAN PUT A ACCESSORY DWELLING UNIT. HOWEVER, THE NCD STANDARD WOULD STILL APPLY FOR THE OVERALL PROPERTY IF THERE WAS A CHANGE OF ZONING. SO IF YOU HAD TWO, YOU HAD TWO UNITS, A DUPLEX, SOMETHING ZONED FOR DUPLEX, YOU CAN PUT ADUS ON THE DUPLEX. SO, I'M SORRY. SO THE PROPERTY OWNER, SO THE SAME RULE WOULD STILL APPLY. IT CAN ONLY BE ONE PROPERTY OWNER, SO IT WOULD ONLY BE ONE, UH, ACCESSORY DWELLING UNIT. BUT IF YOU HAD, IF THEY GOT A CD FOR TWO DETACHED UNITS, NOT A TRUE DUPLEX WHERE THEY'RE JOINT, HOW DO YOU APPLY THE 50% RULE WHEN YOU HAVE TWO DETACHED PRIMARY STRUCTURES, 50% RULE FOR AN A DU FOR EACH OR YOU? WELL AGAIN, THERE WOULD ONLY BE ONE A DU PER LOT. SO YOU WOULD ONLY LOOK AT ONE A U AND WE WOULD BASICALLY DO 50% OF ONE OF THOSE UNITS. WHAT I'M SAYING IS IF THE ZONING CHANGED CORRECT. TO CD AND NOW YOU HAVE TWO PRIMARY BUILDINGS. CORRECT. COULD I PUT AN A DU IN AND MAKE A THIRD BUILDING? CORRECT. YOU COULD DO A THIRD UNIT AS AN A DU, COULD, COULD I DO AN A DU, A THIRD UNIT WITH THE 40% MAX ON EACH OF THE, OF THE DETACHED STRUCK PRIMARY STRUCTURES? IT WOULD BE THE MOST RESTRICTIVE ONE. SO THE SMALLER ONE. SO, OKAY, SO YOU WOULD, YOU WOULD BE ABLE TO PUT ANOTHER A DU, BUT IT WOULD BE 40% OF ONE OF THE TWO BUILDINGS, CORRECT. IF THE OWNER LIVED IN ONE. WELL, WELL, I'M JUST, WE'RE TALKING ABOUT POTENTIAL. I'M, I'M, I'M LOOKING AT POTENTIAL. SO IF THE NEIGHBORHOOD IS, IF GOING THROUGH THIS BOARD, ALL THEY'RE EVER GONNA HAVE IS TWO STRUCTURES GOING THROUGH A ZONING CHANGE. YOU COULD GET THREE WITH SHEDS. YOU COULD NOT, YOU COULD NOT, UM, RENT THEM OUT. IF, IF I WAS SOMEONE WHO BOUGHT TWO UNITS AND I'M RENTING 'EM BOTH OUT, YOU CAN'T RENT OUT A THIRD UNIT. WELL, YOU CAN'T DO THAT. NOW IF WE PASS THIS, RIGHT, RIGHT. IF I OWN ONE OF THE UNITS, IF THEY BECOME SINGLE FAMILY PROPERTIES, THEN I GUESS YOU COULD, THEN ONE WOULD BE AN A DU OR ONE. WELL, IF THE ZONING, I'M NOT SURE ABOUT THAT. IF YOU HAD A ZONING CHANGE, YOU'D HAVE TWO PRIMARY STRUCTURES. IT COULD BE A THIRD A DU, AND THEN SOMEBODY COULD CONDU 'EM OUT. AND THEN YOU COULD HAVE THREE DIFFERENT PEOPLE LIVING THERE. BUT IT'S A DUPLEX. SO, UM, I GUESS YOU COULD OWN ONE OF THE UNITS. YEAH. SO AS LONG AS THE PROPERTY OWNER LIVES ON ONE OF THE TWO UNITS OR THE ACCESSORY DWELLING UNIT, TECHNICALLY YOU COULD DO THAT. SO I'M TRYING TO FIGURE OUT WHAT IS MORE IMPORTANT TO THE NEIGHBORS ASSOCIATION. THE POTENTIAL TO HAVE THREE OR MORE STRUCTURES, OR TO HAVE TWO STRUCTURES WITHOUT EVER HAVING ANY MORE STRUCTURES. I'M, YEAH, NO, I UNDERSTAND. AND, AND MAN, AND SO ONE OF THE QUESTIONS THAT I BROUGHT UP EARLIER WAS, YOU KNOW, WE TALKED ABOUT THE ORIGINAL SIZE OF THE STRUCTURE, AND IF WE WENT BACK TO THE ORIGINAL STRUCTURE SIZES AND SO VIOLATION AND SO, SO BASICALLY WHAT THEY ESTABLISHED, YOU KNOW, THE 880 TO BEGIN WITH AND GO BACK THERE, YOU KNOW, DOES THAT, YOU KNOW, BECAUSE THAT'S WHERE I'M SITTING, YOU KNOW, AS I LOOK AT THIS, WHAT, WHAT I'M THINKING, UM, IF, IF WE DIDN'T PASS THIS, COULD THEY GET RID OF THE 13 FOOT EXTENSION THAT THEY DID ON THE WEST SIDE OF THE BUILDING AND HAVE IT BE COMPLIANT? OR ARE THEY STUCK NOW? SO NOW, I MEAN, IF THIS IS APPROVED AS IS, THEY CAN REDUCE THE A DU, UM, AND THEN NO, LIKE IF WE DON'T APPROVE IT, COULD THEY GO BACK TO WHAT IT WAS IN 1946 AND HAVE THE 880 SQUARE FOOT A DU? I DON'T THINK SO. THEY EXPANDED. SO ONCE YOU EXPAND IT, THE NCU, ANY NCU WOULD GO AWAY. OKAY. BUT I THINK THE NEIGHBORHOOD, I CAN'T SPEAK FOR THE NEIGHBORHOOD. I CAN SPEAK FOR MYSELF, BUT I HAVE A PRETTY GOOD TEMPERATURE OF HOW PEOPLE FEEL IN MY COMMUNITY. I THINK THEY WOULD BE WILLING TO LIVE WITH AN A DU THAT WAS SMALLER AND WE COULD JUSTIFY IT. LIKE IF THAT WAS THERE ORIGINALLY. OKAY. YOU KNOW, WE'RE NOT, WE'RE NOT TRYING TO, YOU KNOW, HURT THIS MAN, BUT, BUT, SO THAT 800 MIGHT BE SOMETHING THAT PEOPLE COULD LIVE WITH, OR THE IDEA THAT, OKAY, NOW IT'S AN A DU, IT'S SORT OF GRANDFATHERED. UM, I, I, PEOPLE DID NOT SEEM UPSET AT THE IDEA OF REZONING. I KNOW, UM, ANISA KIND OF BROUGHT UP, LIKE, YOU REALIZE THOSE WILL BE RENTERS AND YOU KNOW, RENTERS, A LOT OF THEM RUN OUR NEIGHBORHOOD ASSOCIATION. I MEAN, WE HAVE A REALLY, I'M JUST, I'M, I'M TRYING TO LISTEN TO, I'M TRYING TO GAUGE WHAT'S MORE IMPORTANT TO Y'ALL. WHAT, WHAT WE COULD LIVE WITH IS THE IDEA THAT IT WENT BACK TO THE 800. LIKE WE COULD, WE, THAT WOULD BE, UM, MORE APPROPRIATE THAN WHAT'S THERE NOW. I THINK PEOPLE, THAT WAS WHAT THEY OBJECTED TO IS SUCH A LARGE, TWO LARGE UNITS. AND DO YOU THINK, AND YOU KNOW, YOU OBVIOUSLY YOU ARE, I'M GONNA GET IN TROUBLE FOR THIS. YOU'VE BEEN, WELL, YOU'VE BEEN INVOLVED, I KNOW IT'S, BUT IN YOUR, AND, AND, AND FROM WHAT YOU'VE, YOUR EXPERIENCE WITH THE NEIGHBOR ASSOCIATION ARE, ARE THE REMOVAL OF THE SHEDS A BIG DEAL OR NOT A BIG DEAL? THEY SEEM TO BE A BIG DEAL. THE IDEA THAT IT WAS ALL OF THESE, UM, BUILDINGS ON ONE UNIT SEEMED TO BE A PROBLEM FOR, AND THE SETBACKS WAS A PROBLEM. YEAH, I KNOW THE PART OF THAT SHORTAGE. SHORTAGE THAT IF WE, IF WE APPROVE THIS TODAY AND, AND THERE'S SOME VIOLATION WITH HOW THEY'RE BEING RENTED OR WHAT [03:00:01] HAVE YOU, AT LEAST YOU HAVE ON THE GOOD SIDE OF THAT, YOU COULD JUST MAKE A FREE PHONE CALL TO THE CITY AND SAY, HEY, YOU'RE VIOLATING ZONING. I MEAN, WE, YOU KNOW, WE HAVE A PRETTY STRONG ZONING COMMITTEE. IT'S A LOT OF WORK TO KEEP UP WITH WHO'S RENTING AND WHAT I THINK, I THINK PEOPLE WANT TO BE ABLE TO HAVE SOMEONE LIVE IN THE HOUSE AND, AND AN A DU RENT IT OUT. I MEAN, THAT'S WHAT THE PROPERTY IS NOW. CERTAINLY, THAT'S WHAT WE'D LIKE. YEAH. WE JUST, WE JUST DON'T THINK TWO FULL UNITS RIGHT. SHOULD BE ON ONE LOT A COMMISSIONER MAD. AND, YOU KNOW, AND, AND ONE OF THE OTHER POINTS IS THAT, AND SO CERTAINLY THE NOTION OF GOING BACK TO ZONING IS NOT OUT OF THE QUESTION THEN EVEN WITH THE SMALLER, UM, A DU, BECAUSE THEN IT, IT OFFERS SOME OTHER PERSPECTIVES THEN THAT THEY WOULD BE ABLE TO MAYBE MAKE SOME ADDITIONAL CHANGES AND OR ADD SOME ADDITIONAL STRUCTURES. SO, AND, AND I'M NOT, WE'RE NOT, I DIDN'T USE THE WORD RECOMMEND. I MEAN, YOU KNOW, THAT'S CERTAINLY UP TO THE PROPERTY OWNER CERTAINLY. BUT I'M, I'M JUST SAYING THESE ARE MAYBE SOME REMEDIES OR ALTERNATIVE ANISA, WOULD YOU LIKE TO SPEAK? OKAY. YEAH. SO LET'S, YOU'VE HEARD A BUNCH OF STUFF. THERE'S PROS AND CONS AND CON YOU'VE HEARD COMMENTARY. SO WHAT DO YOU WHAT DEFINITELY. UM, SO A COUPLE OF THINGS REBUTTAL THAT I WANTED TO SHARE IS, UM, WHEN WE MET WITH THE NEIGHBORHOOD ASSOCIATION, THEY TOOK A VOTE ON EACH OF THE FOUR ITEMS WITHIN THE VARIANCE SEPARATELY. AND THE, THE THING THAT WAS PRETTY WELL OPPOSED, PRETTY ONE-SIDED WERE THE TWO SHEDS. UM, THE ADDITIONAL SQUARE FOOTAGE ON THE A DU WAS REALLY SPLIT. IT WAS A CLOSE VOTE, WHICH IS WHY WE FELT LIKE THAT WAS A GOOD COMPROMISE. UM, KIND OF TO YOUR POINT, UM, AND TO YOUR POINT, AND TO YOUR QUESTION, COULD THEY ADD SHEDS ON IF HE TAKES THE SHEDS OFF, CAN HE ADD THEM BACK IF THERE WASN'T AN NCD? POSSIBLY. BUT THERE IS AN NCD AND THAT RESTRICTS THE OVERALL LOT COVERAGE. SO HE CAN'T BRING THE SHEDS BACK WITHOUT REQUESTING A NEW VARIANCE. UM, I DON'T KNOW IF YOU WANNA COME UP. YES, THIS IS THE PROPERTY OWNER, PLEASE STATE YOUR NAME, PLEASE. ALFREDO. AND I'M REALLY GOOD AT BUILDING STUFF, REALLY BAD AT SPEAKING, SO, BUT BEAR WITH ME. SO I JUST THINK A LITTLE BIT OF, UH, THE MISUNDERSTANDING IS I FEEL THERE'S A LOT OF, UH, ANGER WITH SOME OF THE NEIGHBORS OF WHAT HAD HAPPENED IN THE PAST THAT I DIDN'T KNOW ABOUT. UH, I KNOW THE CALLER SAID I DIDN'T DO MY DUE DILIGENCE. I DID, I CAME MULTIPLE TIMES TO THE CITY, UM, ALWAYS CHECK PERMITS, UH, IF THERE'S ANYTHING PENDING, NOTHING ON EITHER THE STRUCTURES. RIGHT. UH, WHEN I DID MY FINAL FOR THE MAIN STRUCTURE, THEY TOLD ME THERE WAS A, UM, A PERMIT THAT, UH, THEY DIDN'T FINISH FOR AN EXTENSION ON THE MAIN HOUSE. RIGHT. WHICH I GO, FINE, GIVE ME PERMITS. I BELIEVE IN GETTING EVERYTHING PERMITTED ALL THE TIME, GETTING MY, MY EVERYTHING IN ORDER. I HAD TO GO THROUGH THAT. AND THAT POINT, I WENT AND I TALKED TO MR. MARK, WE REVIEWED THE EDU, WE REVIEWED, UH, WHAT I COULD DO AND COULD NOT. AND TO THE GENTLEMAN'S POINT ABOUT THE WINDOWS OR, OR THE MA'AM, UM, THEY TOLD ME I COULD NOT MODIFY THE STYLE OF WINDOWS AND SIZES. RIGHT. SO WE KEPT IT TO THE SIZE THAT, UH, THEY RECOMMENDED. THAT'S WHY THEY'RE NOT EQUAL. UM, WE DID, UH, PULL PAYMENT PERMITS FOR FRAMING FOR EVERYTHING. NOT UNTIL AFTER SEVERAL VISITS TO THE CITY, NOT UNTIL THE LAST, THE FINAL INSPECTION FOR THE FRAMING. THAT'S WHEN THEY TOLD, BY THE WAY, THIS LOOKS NEW, LET GO GET AN ADDITION PERMIT. AND I, OKAY. RIGHT. SO, SO I CAME TO GET THE ADDITION PERMIT. THEY GAVE ME THE ADDITION PERMIT. I WENT TO THE OTHER DEPARTMENT WHERE I, I, I DON'T REMEMBER WHAT IT'S CALLED, WHAT THE CONSERVATION, THEY GO, WELL, THERE'S AN ISSUE. AND I GO, NO, NO, NO. I COMPLIED WITH THE SIGHTINGS. I COMPLIED WITH EVERYTHING. THAT'S NOT THE ISSUE. I GO, THE ISSUE IS THAT YOU WENT OVER 40%. AND I, I DID NOT KNOW UNTIL THAT POINT THAT THAT WAS THE SITUATION. RIGHT. BUT I THINK A LOT OF, UH, THE FEELINGS COME FROM WHAT HAPPENED BEFORE. AT NO POINT WE WANTED THE S**T. IF YOU GO SEE 'EM, THEY'RE STILL JUST STORAGE RIGHT NOW FOR MATERIAL. AT NO POINT WE WANTED TO KEEP, KEEP HIM, UM, THAT PROPERTY. I HAVE A, A BUYER, WHICH IS A RELATIVE OF MINE, THAT THEY ARE GONNA USE THE HOUSE FOR AN A DU. WELL, IT DOESN'T MATTER OR NOT, BUT THAT'S WHAT THE PURPOSE OF THAT HOUSE IS. THAT'S WHY WE MOVE THE DOOR AND EVERYTHING. RIGHT. SO OBVIOUSLY WHEN WE DO STUFF LIKE THIS, WE DO WANNA, UH, KEEP IN MIND OUR PROFITS AND THAT WE DON'T LOSE MONEY OTHERWISE, THAT, THAT WON'T BE A BUSINESS. BUT, UM, NOTHING, UH, THAT WE DID WAS, UH, I THINK EVERYTHING THAT WE DID HELP THAT COMMUNITY IN THAT NEIGHBORHOOD. AND I KNOW THEY HAVE TO BE IN AGREEMENT THAT THAT CORNER WAS A MESS. THERE WERE EIGHT FAMILIES LIVING IN THAT, IN THAT CORNER. THEY CALL THE POLICE EVERY DAY THEY CALL. SO I, I GET THE RESENTMENT, BUT THAT'S NOT THE CASE. WE JUST ASKING FOR THAT EXTRA 190 SQUARE FEET THAT, UH, IT WAS THERE. RIGHT. UM, I REALLY HAVE NOTHING ELSE TO SAY. LIKE I SAID, I'M NOT VERY GOOD AT ALL EXPLAINING MY STUFF, BUT SO, SO THE ACCESSORY DWELLING UNIT ARE CURRENTLY IN CONSTRUCTION? YES. AT WHAT STAGE OF CONSTRUCTION ARE YOU IN RIGHT NOW? FINE. UH, WE ARE JUST, UH, WAITING FOR THE FRAMING, UH, TO PASS. AND WE'RE READY TO [03:05:01] SHEET ROCK AND, AND MOVE FORWARD. BUT ALL THE PLUMBING PASS, ELECTRICAL PASS, UH, MECHANICAL PASS. THE REASON WHY I'M ASKING IS, IS THAT, SO WE HAVE THIS 40% RULE, THIS 50% RULE MM-HMM . AND THAT'S APPLIED. THE 50% RULE IS APPLIED ON, ON, IT'S ALL THE STRUCTURES. AND THE 40%, IT'S 50%. WHICH ONE'S TIED TO THE A DU 50%, 50%. AND SO YOU'RE VIOLATING BOTH. BUT IT'S, I THINK PART OF THE ISSUE IS, IS THAT THE BIGGER A D THE BIGGER OF AN A AD YOU HAVE, THE MORE POTENTIAL FOR IT TO BE MORE INTENSIVE OR IMPACTFUL, THEN IT, IT, IT BECOMES MORE LIKE A MAIN HOUSE. THAT'S WHAT WE'RE HEARING ABOUT ZONING CHANGES. SO IS THERE ANY CONVERTIBLE PART THAT'S UNDER THE ROOF RIGHT NOW THAT YOU CAN TURN INTO AN EXTERIOR ACCESS STORE SHED OR CARPORT? OR CAN YOU DO SOMETHING WITH IT OTHER THAN A A ABSOLUTELY. SO, SO I, I MEAN, IT WON'T BE IDEAL. LIKE I SAID, THE, THE, THE, THE MAIN ISSUE, NOT TO MAKE MORE MONEY OFF OF IT. UM, BUT I MEAN, NOT, I, IF I WOULD'VE KNOWN SINCE, UH, FROM DAY ONE WHEN THEY, IF THEY WOULD'VE EXPLAIN TO ME, LISTEN, YOU'RE EXCEEDING, UH, SOME PERCENTAGE I WOULD'VE EXTENDED ONLY OR WOULD'VE COMPLETED ONLY WHAT IT, WHAT IT WOULD WOULD'VE BEEN DONE, BEEN DONE. RIGHT. SO, SO QUESTION FOR STAFF. SO LET'S SAY ON THE WEST END OF THE ASSESSOR, JUST SO JUST TO MAKE SURE, I JUST WANNA MAKE SURE IF I'M THINKING THIS CORRECTLY, IF HE KNOCKED OFF 190 SQUARE FEET ON THE WEST END OF THIS, OF THIS STRUCTURE, AND HE MADE IT INTO A, A, A, AN UNACCESSIBLE UN AIR CONDITIONED STORAGE SPACE, WOULD HE ONLY BE HA NEEDING ONE VARIANCE FROM US AT THIS POINT? BECAUSE HE WOULD HAVE, HE'S REMOVING, YOU KNOW, THE, THE 40, THE 50% RULE ON A DU? THAT'S, THAT'S CORRECT. HE WOULDN'T NEED THE, THE EDCS, UH, VARIANCE. DOES THE RISK COMMISSION KNOW WHERE I'M GOING WITH THIS AND MAN, AND, AND OR PER WALLS AND MAKING A, A PATIO COVER? YEAH. I MEAN, IT'S, IT IS THE AIR CONDITIONED SPACE THAT, THAT IT IS SET UP. SO, SO FORTUNATELY, I, I DIDN'T KNOW, BUT FORTUNATELY, THE WAY, THE WAY THE LAYOUT IS, IF YOU GO FROM THE STREET UP, YOU HAVE, UH, THE, THE MASTER BEDROOM WITH A MASTER, UH, BATHROOM, THE LIVING ROOM, THE KITCHEN, AND THEN IT HAS A HALLWAY FOR THE TWO ADDITIONAL BATHROOMS. SO THAT CAN BE, UH, CLOSED OFF AND, AND BE KEPT AS A SMALLER A DU. THAT'S THE CASE. STEVENS COMMISSIONER STEVENS, I'M NOT SURE WHAT THAT ACTUALLY ACCOMPLISHES. WELL, I MEAN, IF HE, HE OMITS ONE PIECE OF DUCT WORK FROM HIS PROJECT, AND I DON'T KNOW IF THAT SATISFIES THE NEIGHBORHOOD, BUT, AND IF IT DOES, WHY, YOU KNOW, LIKE, WELL, WHAT WHAT I'M SAYING IS, IS THAT HE, HE HAS A, WE CAN REMOVE A VARIANCE REQUEST AND BECAUSE WHEN I, WHEN I'M, WHAT I'M HEARING FROM, WHEN I HEAR TESTIMONY FROM THE NEIGHBORS ASSOCIATION WHEN THE MOMENT THEY SAID IT'S OKAY TO DO A ZONING CHANGE, THEY DON'T SEEM TO BE OPPOSED TO HAVING THE, THE, THE ROOF THERE. BUT I THINK PART OF THE ISSUE IS, IS THAT THE AIR, THE, THE LIVABLE PART OF THE HOME IS BECOMES TOO BIG. AND THAT JUST SEEMS LIKE IT. THAT'S THEIR, THE BIG PROBLEM. AND SO I'M TRYING TO RE SEE WHAT WE CAN DO TO REMOVE SOME OF THAT. BUT, BUT THEN IT'S NOT AN ISSUE IF HE GOES AND REZONES. WELL, THAT'S WHY I WAS, THAT'S WHY I WAS, I I SUSPECT THERE WOULD BE A LOT OF OPPOSITION IF HE WENT AND TRIED TO REZONE AND IT'S MOVING OF GOALPOSTS. THAT'S WHY I, THAT'S WHY I THINK IT SHOULD STAY HERE ONLY BECAUSE WE CAN MAKE IT TO WHERE IT CAN'T GET ANY BIGGER. IF YOU, IF THE, IF A REZONING EVER HAPPENED, YOU CAN START SLAPPING MORE STUFF IN THE BACKYARD AND THAT, OR CONING CONING IT OUT, AND THEN IT, IT REALLY GETS TO BE ADVERSARIAL TO WHAT THEIR GOAL IS. AND SO I THINK THAT IF WE COULD, I'M TRYING TO THINK OF WHAT LIMITS WE COULD OPPOSE, WHERE HE COULD STILL HAVE IT BE FUNCTIONAL, BUT NOT HAVE IT BE MORE THAT WOULD MAKE THE NEIGHBOR ASSOCIATION HAPPY. SO YEAH, FOR ME, FOR ME PERSONALLY, IT'S AN EXISTING BUILDING AND WE'RE TALKING A COUPLE OF SQUARE FEET. SO TO ME IT'S, I, I MEAN, I'M, I'M IN FAVOR OF THIS. I'M JUST, YEAH. I MEAN, I'M, I'M PERSONALLY REMOVING THE SHED AND LOCKING IT INTO WHATEVER THE STRUCTURE'S AT NOW WHEN HE BOUGHT IT, I'M HAPPY WITH IT. SO I DON'T KNOW WHAT EVERYONE ELSE'S THOUGHTS. I WAS JUST TRYING TO FIND SOMETHING THAT WOULD, THAT WOULD HOPEFULLY GAIN SOME GARNER SUPPORT WITH THE COMMISSION BY IMPOSING SOMETHING. WHAT DO YOU THINK, COMMISSIONER? MAN, SO, SO THAT'S WHY I WAS TALKING ABOUT, YOU KNOW, THE DIALOGUE ABOUT THE ORIGINAL FOOTPRINT. 'CAUSE THAT EVEN, EVEN THOUGH IT'S STILL OUT OF COMPLIANCE, IT, IT'S AT LEAST HISTORICALLY WHAT WAS THERE ON THE PROPERTY ITSELF. AND I THINK THAT I HEARD FROM THE COMMUNITY THAT THEY WERE FINE WITH THAT PART OF IT. AND, AND SO, SO I THINK THAT THERE COULD BE THINGS DONE WITH THAT BACK PORTION. I'M, I'M GONNA PUT SOMETHING OUT THERE. I THINK THAT I'M GONNA RECOMMEND THAT WHEN A MOTION IS READ THAT, JUST TO MAKE SURE THAT WE CAN GET CLOSE TO MAYBE GETTING NINE VOTES, THAT WE SET THE LIMIT ON THE ACCESSORY TO WHAT THE PREVIOUS BUILDING USED TO BE, WHICH WAS 880 SQUARE FEET, BUT GRANT THE VARIANCE ON THE 40% SO THAT THEY COULD SOMEHOW CONVERT THE COVERED PART TO A PATIO OR SOMETHING. I'M JUST TRYING TO SEE WHO WOULD, I'M, I'M TRYING TO MAKE SURE, SURE. WE CAN GET TO NINE VOTES SOMEHOW. IT JUST SEEMS LIKE A HUGE WASTE TO ME TO HAVE THE, I MEAN, WE'RE JUST GONNA, HE'S GONNA RIP OFF A SECTION OF HIS BUILDING. I KNOW. AND THROW IT IN [03:10:01] THE DUMP. I MEAN, WELL, HOW ABOUT WE, UH, LET'S MOVE ON TO EMOTIONS SO WE CAN START TO START THE, THE HORSE TRADING HERE, BUT PART, BUT, OKAY, SO, BUT PART OF THE THING HE WAS RIPPING OFF IS SOMETHING THAT WASN'T SUPPOSED TO BE BUILT TO BEGIN WITH. AND SO, SO, SO SOMEONE HEADS DOWN THIS PATH, YOU KNOW, UM, AND WE HAVE BAD ACTORS. NOT THAT YOU'RE THE BAD ACTOR, BUT THE PRIOR PERSON WAS A BAD ACTOR. YOU KNOW, HOW DO WE, HOW DO WE KEEP THAT FROM GOING ON AND ON AND ON? YOU KNOW, THAT'S, YEAH, I THINK I, MY RECOMMENDATION IS, IS TO MAKE A MOTION, UH, FOR WHAT HE'S ASKING WITHOUT THE SHEDS BEING THERE. AND THEN I WOULD STRONGLY URGE ANOTHER COMMISSIONER TO MAKE AN AMENDMENT TO GO DOWN TO, UH, THE ORIGINAL SQUARE FOOTAGE OF THE BUILDING ON THE A DU, JUST TO SEE IF IT CAN SEE WHERE WE CAN GET NINE VOTES IF THE AMENDMENT FAILS. AND WE KNOW WHERE PE YOU KNOW, WE KNOW WHERE PEOPLE STAND ON THIS STUFF. EXCUSE ME. CAN I SAY YES, COMMISSIONER BROWN, UH, YOU KNOW, WE, WE ALL KNOW THAT THIS PROPERTY WAS BUILT ILLEGALLY, BUT IT'S HERE NOW. SO WHY ARE WE GONNA ASK THIS MAN TO CHOP OFF 400 FEET OF HIS HOUSE JUST TO ACCOMMODATE SOMETHING THAT IS A LAW. NOW, I, I, THIS IS, THIS IS CRAZY. I, I CAN'T SEE HIM CHOPPING OFF HALF OF HIS A DU JUST TO ACCOMMODATE SOMETHING THAT WAS BUILT IN ILLEGALLY IN THE PAST. I, I DON'T, I DON'T UNDERSTAND THAT. THAT'S, THAT'S RIDICULOUS. OKAY. I THINK THAT, I THINK THAT WE MIGHT BE OKAY TAKING THE SQUARE FOOTAGE FOR THE SHEDS OFF, IF STAFF COULD TELL US WHAT THE NEW NUMBERS ARE, IT WOULD BE A 368 SQUARE FOOT VARIANCE FOR THE NCD. WHO WOULD LIKE TO READ THIS MOTION? AND 190 FOR THE UDC, I'M HEARING MY NAME SOMEHOW, . OKAY. REGARDING CASE NUMBER BO A DASH 25 DASH OH 3 0 0 1 76, I MOVED THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A THREE, UM, 368 SQUARE FOOT VARIANCE FROM THE NCD FIVE DESIGN STANDARDS, MAXIMUM ALLOWABLE ACCESSORY STRUCTURE TO ALLOW FOR A COMBINED 1080 SQUARE FOOT OF ACCESSORY STRUCTURES, AND TWO, A TWO FOOT FOUR INCH VARIANCE FROM THE MINIMUM OF FIVE FOOT REAR SET TO ALLOW, OH WAIT. THEY TOOK OUT NUMBERS TWO AND 3, 2 7 3 AROUND, OH TWO AND THREE ARE UP. I BELIEVE THE APPLICANT REMOVED THOSE. IS THAT CORRECT? YEP. OKAY. APOLOGIZE. I SKIPPED TWO. UH, MOVING ON TO THE LAST ITEM. AND, AND TWO, A 190 SQUARE FOOT VARIANCE FROM THE 890, UH, SQUARE FOOT, UH, MAXIMUM MAXIMUM TO ALLOW FOR A 1080 SQUARE FOOT, A DETACHED ACCESSORY DWELLING SITUATED AT 7 0 3 WEST ROSEWOOD AVENUE, APPLICANT BEING ALFREDO, ENRIQUE DE LA RIVA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS LITERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE IS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VENGEANCE IS NOT, VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. SIGN OF SETBACKS. ACCESSORY STRUCTURE ARE SUFFICIENTLY SPACED ON THE PROPERTY LINES. UM, FOR THE PURPOSES OF MAINTENANCE WATER ON FIRE SAFETY N CD FIVE ACCESSORY STRUCTURE SIZE, THE PROPERTY IS ADEQUATELY SIZED TO SUPPORT THE PROPOSED OVERALL ACCESSORY STRUCTURE. SQUARE FOOTAGE AS THE SIZE JUST OVER 10,000 SQUARE FEET. UH, AND THE ACCESSORY DWELLING WOULD'VE MADE SUBORDINATE SIZE AND FUNCTION OF THE PRIMARY RESIDENCE. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. UM, NCD BY ACCESSORY STRUCTURE, SIZE, OR PROPERTY OWNER WOULD HAVE TO SIGNIFICANTLY REDUCE THEIR PROPOSED STRUCTURE SIZE TO ENSURE COMPLIANCE WITH THE DEVELOPMENT STANDARD OUTLINED IN THE NCD. THE ACCESSORY DWELLING WAS EXPANDED BY PREVIOUS OWNER, AND THE APPLICANT DOES NOT PROPOSE FURTHER EXPANSION OF THE STRUCTURE. THREE, BY GRANTING THE VARIANCE AND SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. UH, THE OVERALL SCORE FOOTAGE OF THE ACCESSORY STRUCTURES WILL BE PROPORTIONAL TO THE PRIMARY STRUCTURE. UH, AND THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED OF THE ACCESSORY STRUCTURE WILL REMAIN SMALLER THAN THE PRIMARY STRUCTURE. FOUR. THE VARIANCE WILL NOT AUTHORIZE OPERATION TO USE OTHER THAN THE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES ON THOSE USES ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM OF PROPERTY OR THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED. UH, THE CHARACTER OF THE DISTRICT, OF WHICH THE PROPERTY IS LOCATED WILL NOT BE SUBSTANTIALLY ALTERED BY THE PRESENCE OF SUCH ACCESSORY STRUCTURES, WHICH ARE SUBORDINATE TO THE PRIMARY RESIDENTIAL USE. UM, THE CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED WILL NOT BE SUBSTANTIALLY ALTERED AS THE PRIMARY USE OF THE PROPERTY WILL STILL BE RESIDENTIAL IN NATURE. SIX P TO THE OWNER OF THE PROPERTY FOR VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY. AND ARE MELY FINANCIAL NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, THE APPLICANT IS NOT PROPOSING TO FURTHER EXPAND THE STRUCTURES BEYOND THEIR CURRENT STATE. RATHER, IS THE INTENT TO RESOLVE STANDING ISSUES THAT WERE CREATED BEFORE PURCHASING THE PROPERTY. THE APPLICANT IS NOT PROPOSING TO FUR, UH, END OF MOTION. [03:15:01] SECOND. SECOND BY COMMISSIONER STEVENS. UH, YES. A FRIENDLY EDITORIAL AMENDMENT. YOUR REFERENCES TO ACCESSORY STRUCTURES, PLURAL, SHOULD BE SINGULAR WITH ONLY ONE AT ISSUE. NOW, UH, I WILL AMEND MY FINDINGS TO DO THAT FOR SURE. UM, SO AS FAR AS I'M CONCERNED, I'M, I'M OKAY WITH IT AS READ BECAUSE IT LIMITS THEM EVER PUTTING ANY MORE, UM, STRUCTURES ON THE PROPERTY. AND, AND IF THERE'S ANY ISSUE WITH, UH, YOU KNOW, WHO'S LIVING WHERE THEY, THEY CAN ALWAYS, UH, FILE WITH THE CITY AND HAVE THEM PURSUE IT AS A, AS A ZONING VIOLATION. SO COMMISSIONER STEVENS, UH, YEAH, I, I'M IN SUPPORT OF THIS. I THINK, UM, IT'S AN EXISTING STRUCTURE. IF HE WAS, IF HE WAS PROPOSING TO BUILD THIS, IT'D BE A DIFFERENT CONVERSATION. OBVIOUSLY, HE'S PULLED LIKE 30 PERMITS, SO THE CITY'S GETTING THEIR PERMITTING FEES. UM, AND THE LOT IS A CORNER LOT THAT APPEARS TO BE ABLE TO AFFORD THIS TYPE OF STRUCTURE. SO I'M, UH, IN SUPPORT COMMISSIONER. YEAH, I'M SUPPORTING AS WELL. I MEAN, IF THEY WERE TO PURSUE THE ZONING OPTION HERE, I THINK IT WOULD OPEN THE AVAILABILITY OR OPPORTUNITY TO BUILD MORE STRUCTURES HERE. SO I THINK THE BEST SOLUTION FOR THE NEIGHBORHOOD PROTECTION IS, UH, GOING DOWN THE ROUTE WITH THE VARIANCE, WHICH LIMITS IT TO, UH, WHAT'S ALREADY THE FOOTPRINT OF THE BUILDING ANYWAY. SO YES, SUPPORTING ANY OTHER COMMISSIONS LIKE THAT, NANA, COMMISSIONER MANANA. SO I'M NOT IN AGREEMENT WITH ANYBODY WHO SPOKE BEFORE ME. UM, SO, SO BASICALLY, YOU KNOW, WE'RE JUST GIVING ANYBODY THE RIGHT TO JUST BUILD WHATEVER THE HECK THEY WANT AND THEN BEG FOR FORGIVENESS, UH, BECAUSE WE AREN'T KEEPING UP WITH IT FROM A COMMUNITY PERSPECTIVE. AND, YOU KNOW, THIS IS IN VIOLATION OF THE CITY CODE AND NOW IN VIOLATION, NOT TO MENTION THE, THE, THE NCD. AND SO AT BEST IT SHOULD BE 50%, YOU KNOW, AND, AND THE NUMBERS ARE WAY ABOVE THAT. AND SO THEY WOULD, IF THEY TRIPLE THE SIZE OF THE HOUSE, THEN THEY WOULD FINALLY BE IN COMPLIANCE. SO IF THEY TRIPLE THE SIZE OF THE MAIN HOME, THEN NOW THEY WOULD BE IN COMPLIANCE. SO, SO GO DOWN THAT PATH FROM MY PERSPECTIVE, YOU KNOW? AND SO, YOU KNOW, I JUST CAN'T GET BEHIND, YOU KNOW, YOU KNOW, ACCEPTING THAT SOMEBODY VIOLATED IT, YOU KNOW, A YEAR AGO AND NOW WE'RE GOING TO LET IT RIDE. SO, SO SORRY. THANK YOU. UH, ANYONE ELSE LIKE TO ADD, UH, HEARING NONE? UM, LET'S HAVE A ROLL CALL. VOTE CHAIR ORIENT. YES. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANO. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDES? YES, I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN? YES, YES, YES. IT'S, UH, 10 TO ONE A MOTION PASSES. ALL RIGHT, ITEM NUMBER SEVEN. THANK YOU SO MUCH. EXCUSE ME. UH, CHAIR? YES, COMMISSIONER BROWN. COULD WE DO THE PROPERTY LOCATED ON, UH, I THINK IT'S NEW BRONZEVILLE AND, UH, I DON'T KNOW, SOME STREET, BUT I'M, 'CAUSE I'M LEAVING AT FIVE O'CLOCK AND I'M, I WANTED TO SPECIFICALLY HEAR THAT ONE. WELL, WE, WE, WE DON'T, WE DON'T DO THAT ONLY IF THERE'S EXTREME CIRCUMSTANCES. THE FIRST, WE MOVE THE FIRST CASE 'CAUSE THE SIGN LANGUAGE INTERPRET. SO WE'RE MOVING ON, WE'RE KEEPING ON NUMBER EIGHT. ITEM NUMBER EIGHT IS BO OA DASH 25 DASH 0 3 0 0 1 9 LOCATED AT 1 9 1 REMONT DRIVE IN CONSUL DISTRICT TWO. THE APPLICANT IS ABIEL CHAVEZ ESPINOZA. A REQUEST FOR ONE A FOUR FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SET BACK TO ALLOW TWO ACCESSORY STRUCTURES TO BE SEVEN INCH WITH OVERHANG FROM THE EAST SIDE PROPERTY LINE AND TWO A TWO A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE INCH WITH OVERHANG FROM THE WEST SIDE PROPERTY LINE. THE ZONE IS R SIX. THE SUBJECT PROPERTY IS GENERALLY LOCATED BETWEEN FRAT ROAD AND NORTH INTERSTATE 35 SITUATED ON REMONT DRIVE. THIS CASE ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION REGARDING THE CONSTRUCTION OF TWO ACCESSORY STRUCTURES IN THE REAR YARD WITHOUT THE REQUIRED BUILDING PERMITS. A STOP WORK ORDER WAS ISSUED AND THE PROPERTY OWNER WAS NOTIFIED OF THE NEED TO OBTAIN THE APPROPRIATE PERMITS DURING A SITE VISIT. STAFF OBSERVED THAT THE STRUCTURES WERE BUILT SEVEN INCHES WITH AN OVERHANG FROM THE EASTERN SIDE PROPERTY LINE. THE APPLICANT HAS INDICATED THAT THE INTENDED USE FOR THE STRUCTURES IS TO SERVE AS A GAME [03:20:01] ROOM AND A STORAGE SHED. NO PERMIT RECORDS WERE IDENTIFIED FOR THE CURRENT CARPORT AND HISTORICAL IMAGERY. INDICATES IT WAS LIKELY CONSTRUCTED SOMETIME AFTER FEBRUARY, 2022. THE CARPORT WAS ALSO OBSERVED TO BE WITHIN THE WESTERN SIDE PROPERTY SETBACK. AS A RESULT, THE APPLICANT IS REQUESTING VARIANCES TO ALLOW THE ACCESSORY STRUCTURES AND CARPORT TO REMAIN IN THEIR CURRENT LOCATION WITHIN THE SIDE SETBACK AREAS. THIS IS THE SITE PLAN, SITE PLAN HIGHLIGHTING THE LOCATION OF THOSE VARIANCES. THIS IS A HISTORICAL VIEW FROM NOVEMBER, 2007. IT DOES SHOW A CARPORT AT THAT TIME, BUT IN 2022 THERE IS NO CARPORT ON THE SIDE. AND THIS IS THE CURRENT VIEW WITH THE CARPORT AND A CLOSER VIEW RIGHT THERE ON THE PROPERTY LINE. THIS IS A PHOTO OF THE ACCESSORY STRUCTURES. THE ONE WITH THE DOOR WILL BE THE GAME ROOM AND THE OTHER IS THE SHED. AND A PICTURE OF THE SETBACK AND SURROUNDING AREAS I STAFFS. RECOMMENDATION IS A DENIAL IN BO OE DASH 25 DASH 1 0 3 0 0 9 0 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND THE MAINTENANCE OF THE STRUCTURES AS THE REAR YARD IS ADEQUATELY SPACIOUS FOR THE ACCESSORY STRUCTURES TO BE PROPERLY SET BACK FROM THE EASTERN SIDE AND STILL MAINTAIN A USABLE REAR YARD AREA. AND TWO, THE CARPORT SETBACK VARIANCE WILL ELIMINATE THE VISUAL SEPARATION THAT SETBACKS ARE INTENDED TO PROVIDE AND SET A PRECEDENT THAT ENCOURAGES DRIVEWAYS AS A BUFFER FROM ADJACENT PROPERTIES. 20 NOTICES WERE MAILED, ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE PARK VILLAGE NEIGHBORHOOD ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU VERY MUCH. HAVE THE APPLICANT COME FORWARD? CHAVEZ BUENO. GOOD AFTERNOON. MY NAME IS ABEL CHAVEZ BU THIS IS MY FIRST HOME AND I DON'T HAVE EXPERIENCE HAVING PERMITS ISSUED. I WANT TO ASK FOR FORGIVENESS. AND I'M SORRY TO THE CITY OF SAN ANTONIO. IT WAS, I DIDN'T KNOW AND IT WAS NOT MY INTENTION TO VIOLATE ANY OF THE RULES OF THE CITY AND CARPORT ON MY HOME WHEN I BOUGHT IT. IN TALKING ABOUT THE CARPORT OF THE WEST SIDE, I, WHEN I BOUGHT IT, MANY OF THE HOMES WERE BUILT WITH THAT. SO IT WAS EASY TO ME JUST TO COPY WHAT WAS AROUND. IT WAS MY LACK OF EXPERIENCE. NOW I KNOW THAT THAT WAS NOT CORRECT IN TALKING ABOUT THE ADDITIONAL STRUCTURES, I DIDN'T INFORM MYSELF AND I DIDN'T SEARCH OR INVESTIGATE DEEPER BECAUSE WHAT I SAW IS THAT OTHER HOMES ARE VERY CLOSE TO THE LINE. SO I JUST COPY THE SAME. AND NOW I KNOW IS A MISTAKE, IT'S MY MISTAKE BECAUSE I DID IT WITHOUT ANY AUTHORIZATION. [03:25:05] AND IT'S SHOWS A GAME ROOM YOU CAN SEE, YOU KNOW, YOU CAN WATCH TV OR YOU CAN DO SOME GAMING THERE. NOTHING THAT IS GOING TO DAMAGE, UM, ANYTHING OUTSIDE. AYE, THAT WILL BE ALL. ALL RIGHT, THANK YOU VERY MUCH. UH, ANY COMMISSIONER? QUESTIONS? CRUZ? COMMISSIONER CRUZ. UM, CAN YOU ASK HIM THE PROPERTY THAT'S NEXT TO HIM WHERE THE CARPORT IS? IS THAT SUPPOSED TO BE IN THE ALLEY OR SOMETHING WAS THERE BEFORE AND THEY JUST REMOVED IT? THAT IS AN ALLEY THAT MY NEIGHBOR AND I KEEP CLEAN AND NOBODY, NOBODY ELSE GOES IN, BUT WE ARE MAINTAINING THAT CLEAN. OKAY. SO DOES IT BELONG TO ANYONE? IT JUST PART OF WHAT THE CITY OWNS. SO WE TRIED TO INVESTIGATE THAT. AND WHEN I CALLED THE CITY, WHO BELONGS THAT ALLEY TO THE CITY, SAID IS THE PROPERTY IS FROM THE COUNTY. AND WHEN MY NEIGHBOR CALLED THE COUNTY, WHO IS THE OWNER OF THAT ALLEY, THEY SAY THE CITY AND THE PROPERTY IS BELONGS TO THE CITY OF SAN ANTONIO CURRENTLY. SO IT, IT WOULD BE CONSIDERED AN ALLEY. CORRECT. IT'S NOT A RIGHT OF WAY. SO IT'S NOT AN ALLEY, IT'S IT'S CITY OWNED PROPERTY. I CAN'T FIND IT ON BEAR COUNTY. UH, RECORDS, CLERK'S RECORDS. SO I DON'T KNOW HOW IT WAS CONVEYED OR WHY IT IS VERY ODD. UH, USUALLY THE CITY DOESN'T GO AROUND BUYING STRIPS OF LAND UNLESS THERE'S SOME PURPOSE TO IT. BUT, UM, I HAVE NO IDEA. YEAH, THAT DOESN'T MAKE ANY SENSE. IT DOES SHOW IN ONE STOP. SO IT BEING BELONGED TO THE CITY. SO IT IT, IT'S ODD THAT I CAN'T FIND A CONVEYANCE, YOU KNOW, LIKE IT, BUT USUALLY YOU WOULD TAKE IT 'CAUSE THEY WANT IT FOR RIGHT OF WAY OR THEY NEED IT FOR SOMETHING BECAUSE IT'S A BIG CHUNK OF LAND IN THE MIDDLE OF THE BLOCK. I MEAN, WHAT ELSE IS IT? WHAT'S ITS PURPOSE? I MEAN, THE CITY WILL SOMETIMES BUY THESE THINGS IF THERE'S A FLOOD ISSUE OR SOMETHING, BUT I CAN'T, I CAN'T SEEM TO FIND A REASON OR ANY BACKGROUND TO IT. STEVEN, QUESTION FOR THE APPLICANT. DID HE, HE WANTED TO, UH, TO ANSWER FOR WHAT? OKAY, GIMME A, GIMME A MOMENT. I DON'T KNOW IF YOU CAN SEE THAT. I HAVE A TRAILER RIGHT THERE. I WORK IN CONSTRUCTION. SO THE PROPERTY NOW IS IN BETTER CONDITION THAN THE PROPERTY AS I GOT IT ORIGINALLY. OKAY. UH, STAFF, IS THERE ANY VOICEMAILS OR ANY, I STILL HAVE IT. NO PUBLIC COMMENT. UH, COMMISSIONER QUESTION FOR THE APPLICANT. DID HE HAVE A CHANCE TO TALK WITH HIS NEIGHBOR TO THE LEFT THAT SHARES THAT SAME PROPERTY LINE WHERE THE SHEDS ARE? DID THEY HAVE ANY ISSUE WITH THE PROPERTY BEING SO CLOSE, THE BUILDING SO CLOSE TO THE PROPERTY LINE? SO THE NEIGHBOR I TALKED TO THE NEIGHBOR I, AND IT'S NOT AFFECTING HIM. THE NEIGHBOR THE ENTIRE DAY IS OUT BECAUSE HE'S WORKING ALL THE TIME AND HE'S NOT AFFECTED WHEN HE COMES BACK. I ASKED HIM IF HE WILL SEND THE PAPER HERE BECAUSE THAT WILL HELP ME, BUT APPARENTLY HE DIDN'T. OKAY. 'CAUSE THAT WOULD BE HELPFUL. STEVENS COMMISSIONER STEVENS, UH, QUESTION FOR CITY STAFF, IF THE CITY OWNED LOT TO THE WEST OF THE, OF THE PROPERTY IN QUESTION, IF THAT WERE A RIGHT OF WAY, WOULD THEY FIND RELIEF FROM THEIR SIDE SETBACK REQUIREMENT? I BELIEVE SO. LEMME JUST DOUBLE CHECK. I, YES, IT WOULD, UH, IT WOULD REDUCE THE REAR SIDE YARD, UH, BY HALF OF THE ALLEY OF THE WHISTLE. YEAH, IT WOULD ELIMINATE [03:30:01] THE CARPORT. SETBACK. OKAY. MANNA COMMISSIONER MANNA. SO IF YOU, UH, BRING UP GOOGLE MAP AND DO AN AERIAL ABOVE THE PROPERTY, UM, LOOKING SPECIFICALLY AT THE, UM, FOR THE ACCESSORY STRUCTURE ON THE BACK, UM, SO IT LOOKS LIKE THE BUDDING PROPERTY IS ALSO SHARES THAT PROPERTY LINE. SO IS THERE ANY CONCERNS WITH REGARDS TO IT BEING CLOSE TO THAT SAME PROPERTY LINE ON THE BACK CORNER AS WELL? SO IF I ZOOM IN IT, IT ALMOST LOOKS LIKE IT'S RIDING ON THAT LINE ITSELF BECAUSE THEY HAVE A, THEY LOOK LIKE IT HAS SOME KIND OF, THE ABUTTING PROPERTY LOOKS LIKE, HAS A STRUCTURE THAT GOES ALL THE WAY TO THE BACK FENCE AND, AND THAT BACK CORNER, IF I SAW THE READ THE, UM, UH, UM, PLANS CORRECTLY, IT'S ALSO SHARING THAT BACK CORNER. SO IS THERE, THEY WOULD HAVE TO COMPLY, WOULD THEY HAVE TO COMPLY WITH ANY KIND OF FIRE CODE OR ANYTHING BACK THERE IF THAT OTHER SIDE IS A LIVING STRUCTURE? YEAH, THEY'RE, THEY'RE NOT GONNA BE EXEMPT FROM ANY FIRE CODE. UM, I'M NOT SURE ABOUT THE DISTANCE, UM, OF THE NEIGHBORING PROPERTY, BUT YES, THEY WOULD HAVE TO ABIDE BY ALL FIRE CODES. IT WOULDN'T BE EXEMPT FROM IT. YES, GO AHEAD. FOR MR. MANIA, ALL THE PROPERTIES ARE IN THAT WAY. THEY'RE VERY CLOSE, ALL OF THEM. SO, SO THE ONLY, SO A CHALLENGE THAT WE TALK ABOUT REGULARLY IS MAKING SURE THAT WE DON'T POTENTIALLY, UM, CREATE A HAZARD ON AN A BUDDING PROPERTY, ESPECIALLY WHEN WE HAVE TWO STRUCTURES CLOSE BY. AND SO I WANTED, I JUST WANNA MAKE SURE THAT YOU KNOW, THAT, THAT WE AREN'T CAUSING, YOU KNOW, SOME KIND OF, UH, HAZARD, YOU KNOW, BY, BY HAVING THOSE PROPERTIES ABUTTING BACK OF THAT BACK CORNER. AND SO AS I LOOK AT THE OVERHEAD, THE, A BUDDING PROPERTY HAS BUILT AN EXTENSION BACK FURTHER FROM THE HOUSE THAT LOOKS LIKE IT WOULD BE, UM, CLOSE TO POTENTIALLY WHERE, WHERE THE, UH, THOSE STRUCTURES ARE. SO ON THAT MAP THERE, YOU KNOW, SO WHERE, WHERE IS THE ACCESSORY STRUCTURE THAT YOU HAVE BUILT? SO IT'S THE SAME DISTANCE FROM MY CONSTRUCTION THAT FROM THEIR HOME TO THEIR CONSTRUCTION. SO IT'S GOING TO BE LIKE MUTUAL. THE HAZARD WILL BE MUTUAL SHARING THEM AND ME. OKAY. ANY OTHER QUESTIONS? ALL RIGHT. IS THERE ANY VOICEMAILS, ANYONE'S UNDER THE SPEAK? UH, NO PUBLIC COMMENT. ALRIGHT, I THINK WE'RE READY FOR A MOTION THEN IF SOMEONE WOULD LIKE TO, UH, PURSUE, UH, AND READ ONE. COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 1 9 0. I MOVED THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR ONE A FOUR FOOT FIVE INCH VARIANCE FOR THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW TWO ACCESSORY STRUCTURES TO BE SEVEN INCHES WITH OVERHANG, UH, FROM THE EAST SIDE PROPERTY LINE AND TWO, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE INCH WITH OVERHANG FROM THE WEST SIDE PROPERTY LINE SITUATED AT 1 9 1 REMONT DRIVE. APPLICANT BEING, UH, CHAVEZ ESPINOZA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CARE, THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE ACCESSORY STRUCTURES SIDE SETBACK VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS THERE IS ADEQUATE SPACE FOR WATER RUNOFF, FIRE SAFETY AND MAINTENANCE. THE CARPORT VARIANCE IS ALSO NOT CONTRARY TO THE, UH, ADJACENT DRIVEWAY AS THE ADJACENT DRIVEWAY PROVIDES SEPARATION FROM THE NEAREST RESIDENCE ON THE WEST SIDE. TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. RELOCATING THE ACCESSORY STRUCTURES OUTSIDE THE EASTERN SIDE SETBACK WOULD SIGNIFICANTLY LIMIT THE FUNCTIONAL USE OF THE REAR YARD. IF THE CARPORT WERE REBUILT, UH, TO COMPLY [03:35:01] WITH THE SIDE SETBACK, THE LIMITED WIDTH OF THE SIDE YARD WOULD PREVENT THE ACCOMMODATION OF THE FULL-SIZED VEHICLE. THREE. BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE RISK OF FIRE AND WATER RUNOFF HAZARDS IS UNLIKELY TO INCREASE SIGNIFICANTLY DUE TO THE REDUCED SETBACK AS THERE IS SUFFICIENT DISTANCE BETWEEN THE STRUCTURES ON THE PROPERTY. THE CARPORT'S LOCATION NEAR THE PROPERTY LINE MAINTAINS REASONABLE SEPARATION CONSISTENT WITH THE INTENT OF THE SIDE SETBACK REQUIREMENTS. 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 THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE, UH, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER THE DISTRICT IN WHICH IS PROPERTY LOCATED. THE ACCESSORY STRUCTURES REDUCED SETBACK WILL NOT SIGNIFICANTLY INCREASE THE RISK OF FIRE AGGRAVATION OR WATER RUNOFF INTO THE NEIGHBORING PROPERTIES. THE CARPORT VARIANCE WILL NOT NEGATIVELY IMPACT THE APPROPRIATE USE OF ADJACENT FORM THE ADJACENT PROPERTY TO THE WEST AS EXISTING DRIVEWAY PROVIDES SUFFICIENT SEPARATION OF THE NEAREST RESIDENTIAL STRUCTURED LOCATION. FURTHER WEST SIX APPLY TO THE OWNER PROPERTY FOR WHICH THE VARIANCE OF 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 AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH IS PROPERTY IS LOCATED. THE REAR YARD DOES NOT PROVIDE SUFFICIENT SPACE TO LOCATE THE STRUCTURES OUTSIDE THE EASTERN SETBACK WITHOUT SUBSTANTIALLY REDUCING ITS FUNCTIONAL USE. THE CARPORT SUPPORT POLES CANNOT BE POSITIONED AT A REASONABLE DISTANCE FROM THE WEST PROPERTY LINE WITHOUT COMPROMISING THE SPACE NEEDED FOR A FULL-SIZED VEHICLE. AND A MOTION IS THERE A SECOND? SECOND WE A SECOND BY COMMISSIONER CRUZ. COMMISSIONER MANNA. SO I READ THIS AS, UH, SUBMITTED AND, UM, UM, I'LL BE VOTING IN FAVOR OF, UM, PARTLY BECAUSE, UM, YOU KNOW THAT THERE IS GOING TO HAVE TO BE COMPLIANCE WITH REGARDS TO, UM, UM, FIRE, UH, FIRE SAFETY ON THE ONE WALL, UM, AT THAT BACK CORNER, WHICH IS VERY IMPORTANT. UM, BEING THAT ADJACENT OR CATTY CROSS FROM THAT PARTICULAR LOT APPEARS TO BE A STORAGE OF PLANKS OF PALLETS. AND SO IT'S A WHOLE YARD FILLED WITH PLANKS. UH, THAT'S WOULD BE A CONCERN TO ME FROM A FIRE HAZARD PERSPECTIVE. SO, UM, BUT, BUT KNOWING THAT THE CITY IS GOING TO ENSURE THAT, UH, THAT IS BUILT TO SAFETY CONCERNS, UH, MITIGATES OR AT LEAST MINIMIZES, UH, SOME OF THAT CONCERN. SO I'LL BE VOTING IN FAVOR. ALL RIGHT, UH, COM. COMMISSIONER CRUZ. UM, I AGREE WITH, UH, COMMISSIONER MANNA. I, I KNOW THERE IS SOME, SOME, UM, CONCERNS ON THAT PROPERTY, BUT MORE THAN ANYTHING, ESPECIALLY ON THE DRIVEWAY BECAUSE THE PROPERTY NEXT TO HIM, UH, NOBODY CAN CLAIM EXCEPT SUPPOSEDLY THE CITY. SO I DON'T SEE A PROBLEM WITH IT. I WOULD AGREE WITH THAT. ANYONE ELSE LIKE TO ADD HEARING NONE. LETS HAVE ROLL CALL VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. COMMISSIONER BROWN, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 11 TO ZERO. CONGRATULATIONS, VASQUEZ. ITEM NINE. OKAY, IT'S 4 51. COMMISSIONER BROWN IS, UH, LEAVING THE MEETING. ALL RIGHT. GOOD AFTERNOON. ITEM , UH, NINE IS BO O 8 25 1 0 3 0 0 1 91 LOCATED 9 39 SOUTHWEST 38TH STREET, DISTRICT FIVE APPLICANT. MS. CONTRERAS. THIS IS FOR, UH, FOUR 11 VARI FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE NORTH SIDE PROPERTY LINE. A TWO AND A HALF FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK TO ALLOW MIDDLE SHADE STRUCTURE TO BE TWO AND A HALF FOOT FROM THE NORTH SIDE PROPERTY LINE AND A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM AND FIVE FOOT SIDE SETBACK TO A LOT OF CHICKEN COOP TO BE ONE AND A HALF FOOT FROM THE NORTH SIDE PROPERTY LINE ZONE R SIX. SO THEIR PROPERTY IS LOCATED JUST NORTH OF CASTROVILLE ROAD. AERIAL PHOTOGRAPHY AND HISTORICAL IMAGERY OF THE SUBJECT PROPERTY INDICATES THE ESTABLISHMENT OF THE NEW ACCESSORY STRUCTURES ON THE PROPERTY SINCE OCTOBER, 2019. THE EVIDENCE OF PERMITS, UH, OR PERMIT APPLICATION FILED WITH DSD FOR SUCH UM, STRUCTURES WAS IDENTIFIED BY STAFF. NO, NO EVIDENCE OF PERMITS. UH, STRUCTURE ADDED TO THE PROPERTY INCLUDED PATIO COVER, METAL SHADE, STRUCTURE, CARPORT AND CHICKEN COOP. ADDITION. THERE ARE AN ADDITION MADE TO THE ACCESSORY STRUCTURE TO THE REAR TO APPEAR TO BE [03:40:01] A THREE STORY BUILDING, BUT IT'S A RESTROOM WITH A HIGH CEILING THAT WOULD NOT REQUIRE A VARIANCE. STAFF FOUND THAT THE PATIO COVER MADE PATIO COVER METAL SHADE STRUCTURE AND CHICKEN COOP TO BE ALL IN VIOLATION OF MINIMUM SIDE SETBACK DISTANCE. UH, NO PERMIT APPLICATION WILL BE REQUIRED FOR ANY ACCESSORY STRUCTURE, SMALL THAN 300 SQUARE FOOT AREA. HOWEVER, SUCH STRUCTURE IS STILL REQUIRED TO ABIDE BY THE MINIMUM SETBACK STANDARDS. THESE ARE THE THREE, UM, STRUCTURES THAT REQUIRE THE SIDE SETBACK, UM, UH, VARIANCES FRONT PROPERTY, THAT IS THE METAL SHADE STRUCTURE. UM, THE PATIO, UM, COVER IN FRONT IS THE RECENT ADDITION MADE, BUT THE WHOLE, UH, PATIO COVERING THEN THOSE SMALL BUILDING BEHIND IT IS ALL WITHIN THE SETBACK. AND THERE'S A CHICKEN COOP THAT'S INSIDE THE, UH, TALL LOOKING STRUCTURE JUST SHOWING THERE'S JUST SO HIGHLIGHT. THERE IS NO FLOORS, IT'S JUST A HIGH CEILING AND A SURROUNDING AREA. STAFF RECOMMENDS DENIAL FOR BO O 8 25 1 0 3 0 0 1 9 1 BASED ON THE FOLLOWING FILING SET OF FACT FOR THE ACCESSORY STRUCTURE AND A CHICKEN COOP. THE REDUCED SETBACK CREATES INCREASED RECENT DAMAGE FROM WATER RUNOFF, FIRE SPREAD TO ADJACENT PROPERTY. AND THERE IS SUBSTANTIAL DEVELOPMENTAL SPACE ON THE LOT TO CONSTRUCT ACCESSORY STRUCTURES TO COMPLY WITH THE MINIMUM REQUIRED SETBACKS. AND THIS IS FOR THE METAL SHADE STRUCTURE ONLY. STAFF RECOMMENDS APPROVAL FOR THE BO OA 25 103 0 0 1 9 1 BASED ON THE FILE AND FINDINGS OF FACT. THE STRUCTURE'S ROOF PAGE DOES NOT DIRECT WATER RUNOFF TOWARDS THE ADJACENT PROPERTY. THE BILL OF MATERIAL ARE NON-COMBUSTIBLE AND THERE IS ADEQUATE AREAS TO PERFORM MAINTENANCE ON THE STRUCTURE AND THE REDUCED SETBACK OF THE METAL STRUCTURE DOES NOT CREATE A SUBSTANTIAL RISK OF HARM OR NUISANCE TO THE ADJACENT PROPERTY. 25 NOTICES WERE MAILED OUT, NO RESPONSE, UH, IN FAVOR OR OPPOSED OR RESPONSE FROM LOS CARDENAS NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES, THAT'S PRESENTATION APPLICANT IS AVAILABLE. BEFORE YOU GO, CAN YOU BRING UP THE PICTURE WHERE YOU'RE IN THE BACKYARD AND YOU'RE LOOKING, UH, IN THIS PICTURE RIGHT HERE? MM-HMM . SO THE, THE, UM, I GUESS SIX SIDED STRUCTURE AND THEN THE STRUCTURE OF THE GREEN WALL ON THE RIGHT. THAT'S THE NEW STRUCTURES WE'RE LOOKING AT. SO THIS STRUCTURE, UH, WELL, UM, THE, THE SHADE STRUCTURE WAS BUILT MORE RECENTLY. THIS STRUCTURE WAS ALSO BUILT, BUT JUST A LITTLE BIT FURTHER, UM, A FEW MORE YEARS BEFORE THAT, BUT THEY'RE BOTH WITHIN THE SETBACK. THE THREE STORY LOOKING STRUCTURE IS A LITTLE BIT, UM, FROM THE PROPERTY LINE. SO THAT DOES NOT REQUIRE A SIDE SETBACK. YEAH, THAT'S WHAT I WAS GOOD BECAUSE ON THE, ON THE MAP WHERE YOU, WHERE YOU DETAIL OUT THE DIFFERENT VARIANCES FOR ITEM NUMBER ONE, I'M, I'M TRYING TO FIGURE OUT WHAT THAT STRUCTURE IS MM-HMM. WITH THE PATIO COVER MM-HMM. I BELIEVE THAT'S AN ACCESSORY DWELLING UNIT. UM, THAT'S WHAT IT APPEARED. UM, DO YOU HAVE A PICTURE? DID Y'ALL GET A PICTURE OF THAT? NOT FROM THE INSIDE. OKAY. BECAUSE IT, THAT, THAT, UH, YELLOW HIGHLIGHT APPEARS TO BE OVER THAT ROUNDER STRUCTURE. I DIDN'T KNOW IF THAT WAS WHAT WE'RE LOOKING AT TODAY. YEAH, THE ROUND OF STRUCTURE IS ATTACHED TO THIS, BUT IT'S KIND OF OFF TO THE SIDE WHERE IT DOESN'T, IF IT WAS BY ITSELF, IT WOULDN'T NEED THE, THE SIDE SETBACK. OKAY. SO THAT, THAT WHAT LOOKS LIKE A THREE SOURCE STRUCTURE THAT'S REALLY A RESTROOM THAT IS NOT A PART OF WHAT WE'RE LOOKING AT TODAY. CORRECT. OKAY. ALRIGHT. UH, LET'S HAVE THE APPLICANT COME FORWARD. HI, STATE YOUR NAME AND TELL US ABOUT YOUR UH, GOOD AFTERNOON. GOOD AFTERNOON. MY NAME IS SUSAN. OKAY. I DON'T HAVE MUCH TO SAY ABOUT THAT BECAUSE I DIDN'T LIVE THERE. IT WAS MY SON WHO LIVED THERE. HE WAS THE ONE WHO BUILT EVERYTHING. HE WAS THE ONE WHO BOUGHT THE HOUSE AND AFTER THAT HE STARTED BUILDING ONE THING AND ANOTHER THING AND SOME OTHER THINGS. [03:45:20] SO, UH, THE CITY CAME AND, UH, THEY, THEY TOLD HIM THAT HE NEEDED, UM, TO FIX THIS BECAUSE HE DIDN'T HAVE ANY PERMITS. SO I TOLD HIM, SON, I'M GOING TO HELP YOU WITH THAT. SO WE TRIED TO FIND, AND WE FOUND, UM, A WOMAN, SHE WAS AN ENGINEER AND SHE WAS GOING TO HELP US WITH THAT. YES. SO THE ENGINEER WOULD COME, UM, NO, I'M SORRY. THERE'S THE PERSON FROM THE CITY WOULD COME EVERY MONTH TO TELL, TO ASK HIM ABOUT THAT AND TO TELL HIM THAT HE NEEDED TO PUT THAT IN ORDER. SO, UM, HE WOULD GO EVERY MONTH TO THE CITY AND THE, AND THE WOMAN WAS HELPING HIM TO GET THE PERMITS, BUT HE WOULD GO THERE AND, UH, EVERY MONTH TO DO, HE WOULDN'T PAY, BUT HE WOULD TALK TO THEM IN THE CITY. LIKE, SO, UM, UH, WE CAME HERE TWICE. I CAME WITH HIM AND UM, THEN HE SAID, UM, MA, I HAVE TO GO. THIS MAN FROM THE CITY CAME AGAIN AND HE SAID THAT I NEED TO PAY A THOUSAND DOLLARS. AND, UM, HE STARTED GETTING REALLY DESPERATE ABOUT THAT BECAUSE THE PERSON FROM THE CITY WOULD COME EVERY TIME AND HE DIDN'T KNOW WHAT TO DO. SO, UM, HE, HE TOLD ME ONCE, MOM, THIS PERSON CAME AGAIN AND HE, HE GAVE ME A FINE, HE SAID THAT I HAVE TO PAY $1,000 AND MA I'M REALLY DESPERATE ABOUT THIS. I REALLY DUNNO WHAT TO DO. I JUST WANNA KILL MYSELF. I JUST BOUGHT THE PROPERTY AND I NEVER EXPECTED THIS TO BECOME SUCH A BIG PROBLEM. SO I'M GONNA, I'M GONNA, WE'RE GONNA, I'M GONNA ASK SOME QUESTIONS. IS, SO YOU OWN THE PROPERTY, CORRECT. OKAY. YES, HE GAVE IT TO ME. HE INHERITED IT TO ME. OKAY. SO YOUR SON ISN'T THERE ANYMORE? NO. SO DO YOU HAVE ANY INTENT TO USE THE CHICKEN COOP OR DO YOU WANT TO REMOVE THE CHICKEN COOP? CHICKEN COOP. SO HE KILLED HIMSELF TWO, TWO DAYS AFTERWARDS. HE HAS THE CHICKEN, THE CHICKEN COOP THERE, BUT I CAN TAKE IT. IF YOU WANT ME TO REMOVE IT, I WILL REMOVE IT. IT'S THERE. SO WE HAVE, WE HAVE, UM, THERE'S THREE ITEMS. THE CITY IS RECOMMENDING DENIAL FOR THE CHICKEN COOP AND THE ACCESSORY STRUCTURE NEXT TO THE ROUND TALL RESTROOM. UH, THEY SEEM TO BE IN SUPPORT OF THE [03:50:01] CARPORT THAT'S LOCATED IN THE MIDDLE, WHICH IS NUMBER TWO IS I'M TRYING, UH, I'M, WHAT I'M TRYING TO FIND OUT IS, IS THERE ANY OF THESE THREE ITEMS THAT, UH, YOU, YOU WANT TO KEEP OR ARE YOU INTENDING ON REMOVING ANY OF THEM? HONESTLY, I WOULD LIKE TO RE TO HAVE THE HOUSE AS IT IS AS HE LET IT NOW. OKAY. UH, IF THERE'S ANYTHING THAT I NEED TO FIX, I WILL DO IT. OKAY. BUT, UM, THAT'S THE ONLY THING THAT HE LET MANNA COMMISSIONER MANNA. SO, UM, LET'S SEE. QUESTION FOR THE CITY. SO HOW DID THIS CASE COME? SO, SO WHAT WAS THE INITIATION OF THIS CASE? I BELIEVE IT WAS A BUILDING WITHOUT PERMITS OR COMPLIANCE, I GUESS. HOW WERE WE MADE AWARE OF IT, I GUESS. SO WAS IT NEIGHBOR OR WAS THAT, UM, OR OBSERV? JUST A DRIVE BY. NOT SURE IF IT WAS SOMEBODY CALLED IN OR IF IT WAS A KIND OF A DRIVE BY. UH, OKAY. I CAN TRY AND SEE IF I CAN LOOK IT UP. UM, THERE'S A, THE NEIGHBOR. SO HAVE YOU HAD A, AN OPPORTUNITY TO TALK WITH YOUR NEIGHBOR, UM, NEXT DOOR THAT SITS ON THE OTHER SIDE OF THE STRUCTURE? HAVE, HAVE YOU TALKED TO THEM AT ALL ABOUT, UM, THIS, THIS ACCESSORY STRUCTURE THAT'S THERE? YES, I'VE TALKED TO THEM AND THEY SAID THAT THERE IS NO PROBLEM. THEY, THEY DON'T OBJECT TO ANYTHING. AND IT WAS A CITIZEN CALL. I'M SORRY, WHAT? IT WAS A CITIZEN CALL. THAT'S WHAT INITIATED THE CO COMPLIANCE. OKAY. AND, AND, AND MAY I? YES. COMMISSIONER GOMEZ. UH, WOULD YOU ASK HER A QUESTION? ASK HER, I, I'M JUST CONFUSED. SHE KEEPS ON SAYING THAT SOMEBODY FROM THE CITY WENT OVER AND THE CITY, THAT DRIVER OF THE CITY VEHICLE GAVE HER A VIOLATION. IS THAT WHAT SHE'S SAYING? YES. UH, BECAUSE THE, THE DRIVER OR THE VEHICLE WAS THE CITY EMPLOYEE WOULDN'T HAVE GIVEN HER A VIOLATION. SO IT IT SHE'S CERTAIN THAT IT WAS A CITY VEHICLE? YES. OKAY. RIGHT. ANY OTHER QUESTIONS? IT, SO MY, MY, MY BIG CONFUSION, I'M STILL HAVE, I'M STILL HUNG UP ON THIS FIRST ITEM 'CAUSE IT LOOKS LIKE THE EXISTING HOME, THAT ROUND RESTROOM BUILDING, ALL OF THOSE SEEM TO BE IN THE SETBACK AND THEY ALL SEEM TO BE IN LINE WITH THIS ACCESSORY. I, I DON'T EVEN KNOW WHAT THAT IS STILL 'CAUSE I DON'T HAVE A PICTURE OF IT OR ANYTHING, BUT I'M, I'M CONFUSED. LIKE IT LOOKS LIKE IT'S A BUDDING THAT ROUND RESTROOM BUILDING. SO, SO THAT SIX-SIDED RESTROOM ORANGE BUILDING IS FIVE FEET OFF OF THE SIDE PROPERTY LINE? UH, YEAH, FROM THE BACK THERE IS, UM, IT'S KIND OF LIKE MOVED TOWARDS THE, UH, TO THE LEFT OF THAT BUILDING. IT'S NOT COMPLETELY ENC CIRCLING. THE BEHIND IT IT IS ATTACHED THOUGH, SO IT IS PART OF THE BUILDING. OKAY. I I WAS JUST, IT'S HARD FOR ME TO VISUALIZE WHAT IT IS. ITEM ONE IS ACTUALLY LIKE, WHAT IS IT? IS IT JUST A COVERED PATIO? IT IT'S EXPOSED ON THREE SIDES OR WHAT? NO, IT'S, IT'S THE COVERED PATIO PLUS THE, UH, UM, GREEN STRUCTURE THAT LOOKS LIKE A, WITH THAT DOOR, NOT THE THREE STORY THING THAT'S THE WRONG DOING. I'M LIKE REALLY? YEAH. SO THE, TO THE STAFF, THAT GREEN, THAT DOOR THAT YOU'RE TALKING ABOUT IN THE GREEN BUILDING ISN'T PART OF THE HOUSE? NO, IT'S, IT'S SEPARATES THE ANGLE OF THIS IS BASICALLY WE'RE STANDING BEHIND THE HOUSE AND WE'RE FACING THE ACCESSORY STRUCTURE. QUEZ. SO ON THE EXTREME LINE OF THIS PHOTOGRAPH, PRESENT THE HOUSE, CORRECT? THAT'S THE BACK OF THE HOUSE. OKAY. YEAH, THAT'S THE OVERHANG THERE. [03:55:01] THEN THERE'S, UH, THREE, THREE, UH, DIFFERENT, UH, BUILDINGS OF SOME KIND. AND UH, OKAY, THANK YOU. YEAH, IT LOOKS LIKE THREE SEPARATE ITEMS, BUT THEY'RE ALL ONE STRUCTURE. THANK YOU. THANK YOU. . YEAH, I'M, I'M, OKAY. WELL, UM, SO MANNA YES, COMMISSIONER. AND SO, SO MAYBE FOLLOW UP ON, ON A POINT YOU BROUGHT UP. SO IS IT THE CASE THAT, SO IF I HAD GO TO THE STREET VIEW, UH, IN FRONT OF THE HOUSE, UM, THERE IS THE, UM, ON THE SIDE PROPERTY LINE AND IT'S KIND OF HARD TO SEE. SO LINE WITH THE TELEPHONE POLES. SO I HAVE THE, UM, SO I HAVE THE DRIVEWAY. LET'S SEE. ALL RIGHT, WELL, I THINK I'M, I'M, I'VE GOT A GRIP ON WHAT WE'RE LOOKING AT HERE. UH, IS THERE ANY OTHER, UH, QUESTIONS BEFORE WE MOVE ON? IS THERE ANY VOICEMAILS, ANY OF UNDER SPEAK? NO PUBLIC COMMENT. OKAY. UH, IS, UH, ANY ONE LAST CHANCE FOR QUESTIONS WE MOVE ON TO A MOTION? ALL RIGHT, I'M LOOKING FOR A MOTION. ANYONE, UH, MRNA. SO I'M GONNA READ AS IS AND THEN WE'LL SEE HOW IT GETS ADJUSTED. SO, UM, OKAY, SO REGARDING CASE NUMBER BOE 2 5 1 0 3 0 0 1 9 1, I MOVED THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR ONE, A FOUR FOOT 11 INCH VARIANCE FOR THE MINIMUM REQUIRED FIVE FOOT SITE SETBACK TO ALLOW ACCESSORY STRUCTURE BE ONE INCH FROM THE, UH, NORTH SIDE PROPERTY LINE TO A TWO INCH, TWO FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A METAL SHADE STRUCTURE TO BE TWO FOOT SIX INCHES FROM THE NORTH SIDE PROPERTY LINE. AND THREE, A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CHICKEN COOP TO BE ONE FOOT SIX INCH FROM THE NORTH SIDE PROPERTY LINE. UM, WITH THE DIMENSIONS AS IDENTIFIED, UM, PER THE SUBMITTED PLAN, UM, OR SUBMITTED I GUESS AS IS, UM, LET'S SEE, SITUATED AT 9 3 9 NORTHWEST 38TH STREET, APPLICANT BEING SUSANNA, UH, CONTA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PRO, UM, LITTLE ENFORCEMENT OF THE PROVISIONS OF THE EDC AS MINUTE WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE SIDE SETBACK VARIANCES FOR THE ACCESSORY STRUCTURES ARE NOT CONTRARY TO THE PUBLIC INTEREST AS THERE IS ADEQUATE SPACE FOR WATER RUNOFF, FIRE SAFETY AND MAINTENANCE. TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. RELOCATING THE ACCESSORY STRUCTURES WOULD REQUIRE WOULD SIGNIFICANTLY REDUCE THE FUNCTIONAL USE OF THE REAR YARD WITHOUT MEANINGFULLY ADVANCING THE INTENT OR PURPOSE OF THE ORDINANCE. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTED THIS VARIANCE ALLOWS FOR REASONABLE AND FUNCTIONAL USE OF THE PROPERTY WHILE STILL MAINTAINING ADEQUATE SETBACKS FOR SEPARATION AND ACCESS. SUBSTANTIAL JUSTICE IS ACHIEVED BY ALLOWING THE PROPERTY OWNER, UH, TO ENJOY A USE SIMILAR TO THAT OF NEIGHBORING PROPERTIES WITHOUT UNDERMINING THE ORDINANCES OVERALL INTENT. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH A 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 FORM OF PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE REDUCED SIDE SETBACK WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES. THE STRUCTURES WILL REMAIN VISUALLY UNOBTRUSIVE, WILL NOT BLOCK LIGHT OR AIR, AND WILL NOT CREATE NOISE OR OTHER DISTURBANCES INCONSISTENT WITH RESIDENTIAL USE. SIX, APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF PROPERTY AND ARE NOT MERELY FINANCIAL. THEY'RE NOT DUE TO A RESULT OF GENERAL CONDITIONS AND A DISTRICT IN WHICH THIS PROPERTY IS LOCATED. THE NEED FOR VARIANCE RISE ARISES FROM SITE SPECIFIC CONDITIONS SUCH AS EXISTING BUILDING LOCATIONS OR NATURAL FEATURES THAT LIMIT THE BUILDABLE AREA. THESE CONSTRAINTS WERE NOT CREATED BY THE CURRENT OWNER AND ARE NOT SIMPLY, UH, THE RESULT OF GENERAL ZONING LIMITATIONS THAT APPLY DISTRICT WIDE. END OF MOTION. SECOND. SECOND BY COMMISSIONER BENAVIDEZ. COMMISSIONER MANNA. SO, UM, SO [04:00:01] LOOKING AT THE WAY THAT THE PROPERTIES ARE LAID OUT, UM, YOU KNOW, IT DOES APPEAR THAT WHERE THE, UM, THE BACK, THE CHICKEN COOP ACCESSORY STRUCTURE IS, IS BASICALLY IN, IN THE BACK OF REALLY AN OPEN AREA, UM, I GUESS. AND SO I DIDN'T SEE AS MUCH OF A PROBLEM WITH THAT. UM, UM, THE, UM, METAL STRUCTURE, IT, IT, THE WAY THAT THE ROOF WAS ALIGNED, IT DID ALLOW FOR THE FLOW OF THE WATER TO GO TO REMAIN ON THEIR PROPERTY. SO I DIDN'T SEE AN ISSUE WITH THAT. AND THEN THE THIRD STRUCTURE, UH, UM, I GUESS WITH REGARDS TO THOSE THREE, THREE STRUCTURES, IT KIND OF LOOKS ALMOST LIKE A COURTYARD, YOU KNOW, A BUILT A NICE LOOKING COURTYARD AND, UM, AND BEING THAT I DIDN'T HEAR THE COMPLAINT FROM THE NEIGHBOR WITH REGARDS TO IT, I, I GUESS I WAS GONNA JUST BE OKAY WITH THAT AS WELL. SO I WAS GONNA PROVE IT AS READ. COMMISSIONER BEEZ, I, I AGREE WITH MY COLLEAGUE. ANYONE ELSE LIKE TO ADD? SO HAVE A ROLL CALL, VOTE PLEASE. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER BARRINGTON? NO, I DO NOT. CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR. UH, MOTION PASSES NINE TO ONE. CONGRATULATIONS. ALL RIGHT, ITEM NUMBER 10, VASQUEZ QUE THANK YOU. ITEM NUMBER 10 IS BO OA DASH 25 DASH 1 0 3 0 0 1 9 2. THE ADDRESS IS 3 1 0 1 VANS JACKSON ROAD IN COUNCIL DISTRICT ONE. THE APPLICANT IS GE REEVES ENGINEERING A REQUEST FOR ONE VARIANCE FROM VEHICULAR ACCESS TO NON-RESIDENTIAL USES TO BE VIA A PUBLIC OR PRIVATE STREET, OR AN IRREVOCABLE INGRESS, E INGRESS, EGRESS EASEMENT TO ALLOW VEHICULAR VEHICULAR ACCESS TO A NON-RESIDENTIAL USE VIA AN ALLEY. AND TWO, A VARIANCE FROM PARKING AREAS CONTAINING THREE OR MORE PARKING SPACES TO INCLUDE A TURNAROUND FOR VEHICLES TO EXIT THE PARKING AREA WITHOUT BACKING ONTO A PUBLIC RIGHT OF WAY TO ALLOW A HEAD AND PARKING AREA WITH MORE THAN THREE PARKING SPACES TO HAVE NO SUCH TURNAROUND. THE ZONE IS R FOUR. THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF V JACKSON ROAD AND SARA TOLER ROAD. ACCORDING TO THE APPLICANT, THE GOSPEL MYANMAR CHURCH IS PROPOSING AN EXPANSION OF THE EXISTING CHURCH TO PRO TO PROVIDE A NEW SANCTUARY SPACE WITH THE ADDITIONAL PARKING TO ENHANCE ITS ABILITY TO SERVE THE COMMUNITY. AS MORE THAN THREE PARKING SPACES ARE PROPOSED, A TURNAROUND IS REQUIRED TO PREVENT VEHICLES FROM BACKING ONTO A PUBLIC RIGHT OF WAY. HOWEVER, CONTRARY TO THE TRAFFIC REGULATIONS OUTLINED IN UDC SECTIONS, 35 DASH FIVE 15 C FIVE AND 35 DASH 5 26 E FOUR, THE APPLICANT PROPOSES TO MEET THE REQUIRED PARKING FOR THE EXPANSION BY UTILIZING THE ALLEY TO THE NORTH FOR PROPERTY ACCESS AND TO ALLOW HEAD AND PARKING WITHOUT THE INCLUSION OF A TURNAROUND. AND THIS IS THE SITE PLAN AS SUBMITTED BY THE APPLICANT. HIGHLIGHTED IN HIS RED, IN RED IS THE ALLEY ACCESS FOR THE HEADING PARKING AREA IS HIGHLIGHTED IN YELLOW. THIS IS A CURRENT VIEW FROM VANS JACKSON ROAD AND TWO ON SARA SARATOGA DRIVE. YOU CAN SEE THE PROPOSED AREA FOR THE ADDITION. AND THIS IS THE PROPOSED ALLEY ENTRANCE TO ALLOW FOR HEAD IN PARKING AND THE EXIT WITH THE HEAD IN PARKING GOING THIS WAY. AND THIS IS THE SURROUNDING AREA PHOTOS STATUS RECOMMENDATION FOR THE NON-RESIDENTIAL ALLEY ACCESS AND HEADING PARKING IS DENIAL IN BO OA DASH 25 0 3 0 0 1 9 2. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCES WOULD AFFECT TRAFFIC FLOW, PEDESTRIAN SAFETY, AND ACCESS FOR PUBLIC UTILITIES AND SERVICES IN THE SURROUNDING AREA. AND TWO, THE REQUESTED VARIANCES WILL ALTER THE ESSENTIAL CAR TRIP, THE NEIGHBORHOOD AND SET OF PRECEDENT FOR ALLEY ACCESS FOR NON-RESIDENTIAL PURPOSES. 38 NOTICES WERE MAILED OUT. ONE WAS RECEIVED IN FAVOR AND NONE AND ONE IN OPPOSITION. THERE WAS NO RESPONSE FROM THE DELVY AREA NEIGHBORHOOD ASSOCIATION [04:05:01] OR THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION. AND THIS IS THE SUPPORT RECEIVED AND OPPOSITION. THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT. ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. GOOD AFTERNOON. UH, MR. CHAIRMAN, UH, MEMBERS OF THE BOARD. MY NAME IS GUSTAVO GONZALEZ. I'M THE REPRESENTATIVE OF TIMOTHY SA, WHO'S THE PASTOR OF THE GOSPEL, UM, MIRAMAR CHURCH. HE'S HERE TODAY. UM, I'D LIKE TO TELL YOU A LITTLE BIT ABOUT THIS PROJECT. THE CHURCH HAS BEEN EXISTENT HERE ABOUT FIVE YEARS. THEY PURCHASED THE PROPERTY. THEY'VE GOT ABOUT 88 MEMBERS. UM, AND WHAT TRIGGERED IT AS MS. JULES SAID WAS THE, THEY'RE LOOKING TO EXPAND THE SANCTUARY BY ANOTHER 3,900 SQUARE FEET, UH, UH, FACILITY. THE, AS SHE STATED EARLIER, THERE'S 2, 2, 2 VARIANCES PLAYING ON THIS THING OR TWO CODE, UH, UH, ISSUES ON THE, ON THIS ONE IS ACCESS BECAUSE THE ADDITION IS GONNA TRIGGER ADDITIONAL PARKING SPACES, WHICH PUSHES EVERYTHING TO THE NORTH. UM, IT TRIGGERS LIKE ANY GOOD PROJECT, YOU'RE ALWAYS CONSTRAINED BY PARKING. SO WE NEED IN, IN ORDER FOR THIS PROJECT TO WORK, WE NEED TO GET ACCESS, UM, USING THE ALLEYWAY. UH, THERE'S JUST, IT'S IMPOSSIBLE. WE'VE TRIED TO ROUTE IT ALONG. SARATOGA, UH, WE'VE TRIED TO RECONFIGURE PARKING. WE JUST CAN'T SEEM TO MAKE IT WORK. AND SO THAT WAS ONE IS GIVEN ACCESS THROUGH THAT ALLEYWAY. THE ALLEYWAY IS, IS, IS PLANNED VIEW NORTH. NOBODY USES IT TO CUT ACROSS. THERE ARE SOME UTILITIES IN IT BECAUSE THEY'RE ON THE CORNER. LOT OF EVERYBODY JUST TURNS ON SARATOGA. SO IT'S REALLY NOT IN USE BY ANYBODY OTHER, UH, THE OTHER, UH, UH, VARIANCE IS, IS BEING ABLE TO BACK UP INTO THAT PUBLIC RIGHT OF WAY. AND, AND SO THE WAY I READ THE UDC, THERE'S NO DISTINCTION. DISTINCTION BETWEEN RIGHT OF WAY OF ANALIA AND RIGHT OF WAY OF A LOCAL STREET. IF YOU ASKED ME AS AN ENGINEER, CAN I BACK UP INTO VENICE JACKSON, I'D SAY NO WAY. I, I WOULDN'T, I WOULDN'T, UH, PROVE OR OR RECOMMEND THAT IT'S, IT'S A, IT'S A SAFETY ISSUE. BUT THIS IS AN ALLEYWAY. IT'S VERY, VERY, UH, NOT VERY USED VERY OFTEN. SO, NEXT SLIDE, PLEASE. SO I WANNA EMPHASIZE HERE THAT THE CHURCH HAS TWO SERVICES A WEEK. UH, THERE'S, UH, ONE ON SATURDAY AND ONE ON SUNDAY. IT'S, IT'S TWO SERVICES DURING THE WEEK. THERE MIGHT BE A COUPLE OF VEHICLES THERE FOR ADMINISTRATIVE PURPOSES, BUT, BUT THEY'RE LIMITED TO TWO SERVICES A WEEK. NEXT SLIDE, PLEASE. UH, THIS IS THE NARROW VIEW OF THE, THE FACILITY. UH, NOTICE THE, UH, PLENTY OF TREES WE LOOKED AT, MAYBE REROUTING PARKING AND, AND, UH, FLOW THROUGH ALONG THE SOUTH SIDE, UH, ALONG SARATOGA ON THE NORTH. PLANVIEW NORTH IS THE ALLEYWAY THAT WE'RE LOOKING TO BE ABLE TO ACCESS. UM, BUT, BUT THIS IS THE, THIS IS THE KIND OF CONFIGURATION. NEXT SLIDE, PLEASE. THIS IS THE RENDERING OF THE PROPOSED, UH, PROJECT. THE ONE, UH, THE STRUCTURE TO THE RIGHT, UH, WITH THE BROWN ROOF IS THE ADDITION OF A 3,900 SQUARE FEET. UH, THAT'S KIND OF THE CONFIGURATION OF THE PARKING LAYOUT. NEXT SLIDE, PLEASE. SO, UH, WE'RE ADDING 3,900 SQUARE FEET FOR A TOTAL 6,000 SQUARE FEET, 15 MINIMUM PARKING SPACE MINIMUM REQUIRED, UH, PER THE UDC AND THE CODE. UM, AGAIN, THE BROWN ROOF IS, IS A STRUCTURE TO BE ADDED. NEXT SLIDE, PLEASE. PARKING SPACE REQUIREMENT. THE CODE REQUIRES ONE SPACE, EVERY EIGHT SEATS. WE'RE PLANNING FOR 120 SEATS. UM, 120 DIVIDED BY EIGHT GIVES US THE 15 SPACES. UH, THIS IS A MODEL, UH, OF BASED ON A HUNDRED, UH, ONE 50 TRUCK, UH, SIZE OF BACKING UP INTO THAT ALLEYWAY. THERE MIGHT HAVE TO BE A BACK AND FORTH TO GET OUT OF THERE. THIS WAS DONE FROM A RENDERING, NOT FROM AN ACTUAL PHYSICAL SURVEY OF THE PROPERTY. THERE MAY BE A, BE ABLE TO TWEAK THOSE, THOSE PARKING SPACES, PUSH 'EM OVER CLOSER TO SARATOGA SO YOU DON'T HAVE TO HAVE TO DO ANY BACK AND FORTH. BUT THIS IS A, AN ACTUAL MODEL OF, OF 150, UH, F-150 TRUCK GETTING OUT OF THOSE SPACES. UH, THIS IS THE VIEWS. UM, I THINK, UM, UH, YOU'VE ALREADY SEEN THESE BEFORE. ONE'S FROM VANCE JACKSON, AND THEN THE, THE OTHER ONE WAS FIRE. WE'RE LOOKING TO ENTER AND EXIT ON FIRE AND, AND, AND AVOID VAN JACKSON. SO WE GO AHEAD. WE MADE AN ATTEMPT TO ACQUIRE THE ALLEYWAY. UH, WE ATTEMPTED TO THROUGH THE C UH, UH, CITY OF SAN ANTONIO, CLOSE VACATE AND ABANDONED A POLITICAL RIGHTWAY PETITION PROCESS. THERE ARE FIVE ADJOINING PROPERTIES ACROSS THE ALLEY. WE ONLY GOT TWO SIGNATURES OUTTA THE FIVE OWNERS, AND TWO WERE OWNED BY INVESTORS. UH, WE DID, UH, SEND LETTERS TO THE NEIGHBORHOOD, UH, ASSOCIATIONS. UH, [04:10:01] WE DID RECEIVE A, A, A MESSAGE FROM MR. FRENCH. HE WAS CONCERNED ABOUT, UH, UH, FIRE APPARATUS AND ACCESSIBILITY. AND SO OUR INTENT IS TO, BECAUSE THESE ARE TWO LOTS, WE WERE PLANNING ON PLATTING INTO ONE LOT. AND DURING THAT PROCESS, GIVE UP A FIVE FOOT IRREVOCABLE EASEMENT, UH, AND, AND ADJOINING THE ACRE OF THE ALLEYWAY SO THAT THE FIRE APPARATUS WOULD HAVE A TOTAL ACCESS TO IT. IN SUMMARY, UM, SO I'M NOT SURE HOW THIS WOULD WORK, BUT IF WE'RE APPROVED, WE'RE GONNA REPL THE PROPERTY INTO ONE LOT. 'CAUSE THERE ARE TWO LOTS. UH, WE WOULD PROVIDE A 20 FOOT IRREVOCABLE INGRESS, EGRESS EASEMENT. UH, THE ALLEY WOULD BE IMPROVED, A LOCAL STREET PAVING STANDARDS. WE WOULD, UH, BE DESIGNED TO JOIN THE PARKING SERVICE FOR EASY ACCESS BY THE FIRE APPARATUS. UH, IT WILL NOT BE FENCED ON EITHER END, UH, TO ALLOW, UH, THE NEIGHBORHOODS TO ACCESS THAT PORTION OF THE, THE EASEMENT. UM, AND AGAIN, THE CHURCH IS, THE CHURCH IS PLANTED INTO TWO LOTS. LOTS WILL BE PLANTED TO COMBINE THE LOTS INTO ONE LOT. SO, UH, THAT WAS PRETTY BRIEF AND QUICK. UH, WE'RE, WE'RE OPEN FOR ANY QUESTIONS YOU MAY HAVE. AGAIN, PASTOR SAW IS HERE IN CASE YOU WANNA ASK HIM ANY QUESTIONS. SO I HAVE, UH, SOME OF THE QUESTIONS. YOU HAD MENTIONED PLANNING INTO ONE LOT AND, AND DOING, UH, THE, UH, EASEMENT, BUT YOU DON'T NEED THAT FOR FIRE PROTECTION. YOU CAN GET FIRE PROTECTION FROM AROUND. THAT'S TRUE. AND I WOULD JUST WANTED TO ADDRESS THAT, MAKE THAT COMMENT BECAUSE, UH, MR. FRENCH RAISED THAT ISSUE. AND SO YOU WILL HAVE PLENTY THAT WILL HAVE THE 20 FOOT ACCESS ALL THE WAY AROUND. AND THE 20 FOOT IS PROBABLY MORE IMPORTANT, JUST TWO-WAY TRAFFIC. UH, BUT, UH, SO IT, AND I THINK I ASKED, UH, STAFF THIS DURING THE WORK SESSION. SO IF THIS WERE TO GET APPROVED TODAY, UM, ANY PARKING SPACE WOULD HAVE TO HAVE ANY 90 DEGREE PARKING AS SHOWN ON THEIR SITE PLAN WOULD HAVE TO HAVE 25 FEET BEHIND IT. UM, BUT, AND THAT IS, THAT NORMALLY THAT IS ALLOWED TO EXTEND INTO AN ALLEY. I, I KNOW THE RULE ABOUT YOU HAVE MORE THAN TWO SPACES BACKING INTO A RIGHT OF WAY. THE PREMISE BEING, YOU KNOW, I HAVE TWO CARS NEXT TO EACH OTHER IN A DRIVEWAY AND A RESIDENTIAL SUBDIVISION. THEY CAN BACK INTO THE STREET BEHIND THEM. AND WHAT HE, WHAT'S BEING ASKED OF US TODAY IS TO EXTEND THAT TO A LARGE NUMBER OF VEHICLES. BUT THE 25 FEET STILL HAS TO BE THERE. RIGHT. SO YOU TYPICALLY, YOU TYPICALLY NEED 25 FOR TWO WAY. BUT I THINK THE INTENTION WAS FOR THIS ALLEY TO OPERATE ONE WAY. IS THAT YEAH, THAT'S CORRECT. WE WOULD OPERATE ONE WAY TOWARD THE STRAIGHT, NO, I MEAN, THE 25 FEET IS, I HAVE A 90 DEGREE PARKING SPACE. I'M SUPPOSED TO HAVE 25 FEET BEHIND IT. MM-HMM . AND SO YOU, THAT'S SOMETHING THE CITY'S GONNA MAKE SURE WOULD HAPPEN IF THIS GOT APPROVED TODAY. YES. OKAY. MANNA YES. COMMISSIONER. SO IF IT'S ANGLED IN, DOES THAT CHANGE IF IT'S PARKING, DOES THAT CHANGE THAT DIALOGUE? IT CHANGES THE I THE REQUIRED, UM, DEPTH WIDTH, ACCESS WIDTH BINDING. YEAH. SO LIKE AN ANGLE PARK. SO 90 DEGREE PARKING IS 25 FEET. IF YOU'RE LIKE 60 DEGREES, I THINK IT'S LIKE 19 FEET, DEPENDING IF IT'S ONE WAY OR TWO WAY. BUT IF YOU HAVE, BUT IF THEY HAVE A 15 FOOT ALLEY AND THEY'RE GONNA SET ALL THEIR PARKING IN 10 FEET, UH, THEN IT'S, IT'S NOT A BIG DEAL TO ME. THEY DON'T NEED IT FOR FIRE PROTECTION. THEY CAN GET IT COMPLETELY AROUND THE SURROUNDING STREETS. UM, UM, I DO NOTICE THAT IN THE ALLEY YOU DO HAVE OVERHEAD POLES. THERE'S, I THINK SQL PHASE ELECTRIC AND YOU GOT DATA IN THERE TOO THAT THAT'S CORRECT. WE'D HAVE TO PUT SOME, SOME PROTECTION AROUND THE POLES AND, AND SOME BULL LOGS BECAUSE YOU, YOU APPLY FOR A PLAT ON THIS, THE POLES ARE ON THE OTHER SIDE OF THE STREET IS CPS GONNA WANT, WELL, I GUESS 15 FEET IS MORE THAN THEY NEED ANYWAY, BUT AS FAR AS YOU GETTING ACCESS, SEE, ONE OF MY CONCERNS IS, AND I DON'T, IS THAT A 15 FOOT ALLEY? IF IT'S PAYS FOR ONE WAY, THAT'S ONE THING. BUT WHEN YOU, WHEN YOU LOOK AT THE LOSS ASSOCIATED WITH LIKE JUST THE WIDTH OF THE UTILITY POLE, ARE YOU GONNA HAVE TO DEDICATE AN EGRESS EGRESS EASEMENT OR A STAFF DURING THAT PLANNING PROCESS? WOULD YOU MAKE THEM HIM DEDICATE AN EGRESS EGRESS ALONG HIS FRONTAGE TO ACCOUNT FOR THE WIDTH LOSS DUE TO THE UTILITIES AND THE GUY WIRES AND ALL THAT GOOD STUFF? YEAH. THE PROPOSAL WAS PRESENTED TO, THE WAY WE UNDERSTOOD IT WAS THEY WERE GONNA AT LEAST DO A FIVE FOOT DEDICATION ALONG THEIR, THEIR SIDE ADJACENT TO THE ALLEY. THEY WERE GONNA PAY A 20 FOOT FULL WIDTH DRIVE OVER THE ALLEY. I'M JUST, I'M JUST ASKING. AND THEN PUT IN THEIR PARKING. SO YEAH, IT SH IT WOULD ACCOMMODATE FOR THAT UTILITY. 'CAUSE LIKE IF HE, IF HE PROCESSES AS A LOCK CONSOLIDATION AMENDING PLAT, IT IS GONNA CROSS YOUR DESK. LIKE IT'S, IT'S NOT GONNA MISS ANY, NO ONE'S GONNA MISS THAT. RIGHT. IT'S ALREADY CROSSED OUR DESK . AND, AND CPS WILL, WILL CERTAINLY, UH, HAVE A, HAVE A COMMENT TO THAT SURE. OF WHAT EASEMENT THEY, THEY'RE GONNA WANT, WHETHER IT'S AERIAL OR, OR GROUND. RIGHT. CRUZ, COMMISSIONER ZUNA CRUZ. SO ALL THE, UH, JUST SO I UNDERSTAND, SO ALL THE ALLEYWAY IMPROVEMENTS WILL THEN BE DEDICATED TO THE CITY, RIGHT? IS THAT THE PLAN? ABSOLUTELY. YEAH. YEAH. AND IT'LL BE BUILT, I GUESS, TO THE CITY STANDARDS ON THE, UH, YES. I, [04:15:01] I HAVE A BULLET IN HERE TO BE LOCAL STREET STANDARDS. YEAH. IT'S NOT CHEAP. THAT'S A LONG STRETCH FOR THE SIZE OF THIS PROPERTY. BRUCE, UM, I'VE GOT A QUESTION. SINCE THE FOUR NEIGHBORS BEHIND, OR FIVE NEIGHBORS I SHOULD SAY, AND ONLY TWO SAID YES, UM, DOES THEIR DRIVEWAYS GO INTO THE ALLEY ALSO? UM, THAT'S A GOOD QUESTION. I THINK THEY MIGHT, THERE WAS A COUPLE THAT MIGHT HAVE ACCESS TO THE ALLEYWAY. I THINK, I THINK ONE LADY SAID THAT HER SON MIGHT HAVE PULLED A CAR OUT OF THERE SOMETIME. YES. SEE, THAT DOESN'T MAKE ANY SENSE. WHY WOULD THEY SAY NO THEN IF YOU'RE IMPROVING? WELL, 'CAUSE HE, HIS APPLICATION WAS TO CLOSE THE ALLEY. SO WHAT HAPPENS IS HE, HALF OF THE ALLEY HAS TO BE PERISHABLE BY THE OTHER NEIGHBORS UNLESS THEY, AND GIVE HIM SOMETHING AND RIGHT. SO HE CAN BUY IT. OKAY. NOW THAT I DIDN'T HEAR. ALL RIGHT. SOUNDS LIKE A PLAN BE COMPENSATED FOR DEAN. YES. NO, NO, NO. HE WOULD, THE, THE NEIGHBORS WOULD HAVE THE RIGHT TO BUY THEIR HALF. YEAH, EXACTLY. THEY OR, OR ALLOW HIM TO PAY FOR ALL OF IT. YEAH. YEAH. THIS IS ACTUALLY BETTER FOR, FOR CITY'S GETTING NO MONEY OUT OF IT EXCEPT THEY'RE GETTING A PAID ALLEY. YEAH. WELL THAT'S WHEN I THOUGHT, THAT'S WHY I CAN'T, I COULDN'T FIGURE OUT WHY THE NEIGHBORS WOULD SAY NO SINCE THEY'RE IMPROVING IT. WELL, THEY SAID NO TO THE PURCHASE OF THE ALLEY. YEAH. THEY SAID NO FOR US TO PURCHASE THE ALLEY ENTIRE AND, AND MAKE IT PART OF THE CHURCH PROPERTY AND THEY'D BE LOCKED OUT OF THAT ACCESS. YEAH. YEAH. I GET IT. I MEAN, IF I LIVED THERE, I'D WANT MY SEVEN AND A HALF FEET BIGGER BACKYARD. THAT'S WHAT I'D BE DOING. YEAH. BUT, OKAY. AND THERE, THE SECOND HOUSE THERE DOES HAVE A, A GATE OPENING UP TO THAT ALLEYWAY OR OPEN UP TO THAT, UM, SPACE. SO, SO THEY'RE, THEY'RE PROBABLY ONE OF THE ONES THEY'RE PROBABLY, AND NOW THEY'LL HAVE SOMETHING PAVED TO DRIVE ON . OKAY. DEAN, COMMISSIONER DEAN, IS THERE PLANS TO PUT A SIDEWALK AROUND THE, UH, WE WOULD KNOW THAT DURING THE PLATTING PROCESS, UM, OR THE PERMITTING PROCESS, I SHOULD SAY THAT THAT'S WHEN THAT'S GONNA ISSUE'S GONNA AROUND SARATOGA YOU MEAN? YES, COMMISSIONER. YES SIR. YEAH, THAT WILL COME UP DURING THE PERMITTING PROCESS. OKAY. EXCELLENT. ALRIGHT, ANY OTHER QUESTIONS? ANY VOICEMAILS I, ANYONE SENATOR TO SPEAK? NO PUBLIC COMMENT. ALL RIGHT. LOOKING FOR A MOTION. OZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 92. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE, A VARIANCE FROM THE VEHICULAR ACCESS TO NON-RESIDENTIAL USES TO BE VIA A PUBLIC PRIVATE STREET OR AN IRREVOCABLE INGRESS, EGRESS EASEMENT TO ALLOW VEHICULAR ACCESS TO A NON-RESIDENTIAL USE VIA AN ALLEY AND TO A VARIANCE FROM THE PARKING AREAS, CONTAINING THREE OR MORE PARKING SPACES TO INCLUDE A TURNAROUND FOR VEHICLES TO EXIT THE PARKING AREA WITHOUT BACKING INTO PUBLIC RIGHT OF WAY TO ALLOW A HEAD AND PARKING AREA WITH MORE THAN THREE PARKING SPACES TO HAVE NO SUCH TURNAROUND SITUATED UP. 3 1 0 1 VINCE JACKSON ROAD, APPLICANT BEING GE REEVE'S ENGINEERING. BECAUSE THE TESTIMONY WAS PRESENTED TO US AND THE FACTS WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH AS THAT A LITERAL ENFORCEMENT, THE PROVISIONS OF THE U-D-C-C-S AMEN HAVE RESULT IN UNNECESSARY HARDSHIPS. SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. GRANTING THE REQUESTED VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST AS IT MAINTAINS THE PRINCIPLES OF PROPER ACCESS MANAGEMENT ENSURE SAFE, VEHICULAR AND PEDESTRIAN CIRCULATION. IT WOULD NOT IMPEDE ACCESS TO FOR OTHER PROPERTY OWNERS OF THE SHARED ALLEY. TWO, DUE TO SPECIAL CONDITIONS, THE LETTER ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. REDUCING THE SIZE OF THE ADDITION TO MAINTAIN PROPER SITE CIRCULATION AND TRAFFIC SAFETY WOULD SIGNIFICANTLY LIMIT THE REASONABLE USE OF THE PROPERTY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. SUBSTANTIAL JUSTICE WILL BE DONE. THE ALLEY PROVIDES SUFFICIENT CAPACITY FOR SAFE VEHICLE OR INGRES EGRESS AND VEHICLES BACKING OUT THE PARKING SPACES DO SO TO A LOW VOLUME PUBLIC RIGHT OF WAY WHERE TRAFFIC SPEEDS AND CONFLICTS ARE MINIMAL. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT FOR THE PROPERTY IS LOCATED USING THE ALLEY AS PRIMARY ACCESS FOR THE NON-RESIDENTIAL USE WOULD NOT INCREASE TRAFFIC OR, OR OPERATIONAL IMPACTS ON THE SHARED PUBLIC ALLEY. AND WOULD NOT NEGATIVELY AFFECT NEIGHBORING PROPERTIES THAT RELY ON THE ALLEY. AND SIX, THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AS THE ALLEY IS WIDE ENOUGH TO ACCOMMODATE ONE WAY TRAFFIC FOR HEAD AND PARKING WITHOUT A TURNAROUND. THESE VARIANCES WOULD NOT ADVERSELY AFFECT TRAFFIC FLOW, PEDESTRIAN SAFETY OR ACCESS FOR PUBLIC UTILITIES AND SERVICE IN THE SURROUNDING AREA. END OF MOTION. SECOND. SECOND. BY COMMISSIONER STEVENS. COMMISSIONER ZU. YEAH. SO I WILL BE SUPPORTING THE MOTION AS READ. I THINK THIS IS A, A, UM, A UH, SOLUTION TO PROVIDE THE EXPANSION THAT THE CHURCH NEEDS. UH, WE DID NOT SEE ANY [04:20:01] OPPOSITION, I THINK THROUGH THE PLANNING PROCESS, YOU KNOW, WE'LL SEE AN IMPROVED ALLEY OUT OF THIS. WE'LL SEE THE CHURCH, UH, GET THE, THE SQUARE FOOTAGE IMPROVEMENT THEY NEED AND POTENTIALLY SOME SIDEWALK IMPROVEMENTS AROUND SARATOGA. SO SUPPORT OF THE MOTION IS READ. COMMISSIONER STEVENS, UH, I CONCUR WITH COMMISSIONER OZUNA AND I'LL BE IN SUPPORT AS WELL. ANYONE ELSE LIKE TO ADD? I'LL JUST SAY THAT I'M IN FULL SUPPORT. I THINK THIS IS GREAT FOR EVERYBODY. SO EVEN CPS UH, ROLL CALL VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER STEVEN? YES, I CONCUR. COMMISSIONER BARRINGTON? YES, I CONCUR. COMMISSIONER DEAN. I CONCUR. COMMISSIONER CRUZ. I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANANA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ. I CONCUR. COMMISSIONER I VASQUEZ, I CONCUR. CHAIR ORIAN. AND I CONCUR WITH THE FI FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. THANK YOU SO MUCH. I REALLY APPRECIATE IT. THANK YOU. THANK YOU. WE HAVE ONE MORE TO GO. ITEM 12. GOOD AFTERNOON, Y'ALL. I'M SEAN SHEELEY AND I'M A PLANNER WITH THE ZONING DEPARTMENT. UH, THE CASE IN FRONT OF US IS BO A 2 5 103 0 0 1 9 5. THE ADDRESSES ARE 6 0 2 6 0 6 NORTH NEW BRAUNFELS AND, UH, 1513 DAWSON STREET. THE COUNCIL DISTRICT IS TWO. THE UH, APPLICANT IS ISKANDER SCALE AND THE REQUEST IS AN ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 200 FEET OF YOUR RESIDENTIAL LOBBY. I'M GONNA PAUSE FOR ONE SECOND. COMMISSIONER DEAN HAS LEFT THE MEETING. WE'RE DOWN TO NINE. NO, WHO'S COMING BACK? ALRIGHT, CONTINUE, PLEASE. SORRY. IT'S OKAY. THE ZONING IS C TWO. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF NORTH NEW BRAUNFELS AND DAWSON STREET. AND TO THE NORTH OF IT, THERE'S AN ALLEY. THE APPLICANT IS PROPOSING THE DEVELOPMENT OF A NEW MOBILE FOOD COURT ON THE, UH, THREE, CURRENTLY VACANT LOTS. THE UNIFIED DEVELOPMENT CODE REQUIRES THAT MOBILE FOOD COURTS BE ESTABLISHED NO CLOSER THAN 200 FEET OF ANY SINGLE FAMILY RESIDENT USE OR SINGLE FAMILY ZONING DISTRICT. THE CURRENT DISTRICT IS, UH, RESIDENTIAL LOT IS ZERO AS THE NEXT DOOR LOT IS, UH, ZONED. R FOUR SINGLE FAMILY RESIDENTS. THIS IS THE SITE PLAN, UH, WITH THE THREE VACANT LOTS. THAT IS WHERE THEY WANT TO ESTABLISH THE MOBILE FOOD COURT. THIS IS THE SUBJECT PROPERTY. THIS IS THE SURROUNDING AREA. THAT'S THE SURROUNDING AREA. UH, STAFF RECOMMENDS DENIAL, UH, BASED ON THE FOLLOWING FINDINGS OF FACT AND LOO. THE RESIDENTIAL SEPARATION WOULD INJURE, UH, RESIDENTIAL PROPERTIES AS IT DOES NOT PROVIDE SUFFICIENT DISTANCE BETWEEN RESIDENTIAL AND NON-RESIDENTIAL. USES INTENDED FOR PROTECTION FROM POTENTIAL NOISE AND LIGHT POLLUTION. THE PROPERTY OWNER MAY REDUCE THE NUMBER OF, UH, PROPOSED MOBILE FOOD ESTABLISHMENT TO THE ALLOWABLE MAXIMUM TO OPERATE WITHOUT A VARIANCE, UH, APPROVAL. THE, UH, WE MAILED 26 NOTICES. UH, THE APPLICANT PROVIDED SIX LETTERS OF APPROVAL. THERE WAS TWO IN, UH, OPPOSITION, WHICH WAS BOTH OF THE NEIGHBORHOOD ASSOCIATIONS OF HARVARD PLACE, EAST LAWN AND DIGNITY HILLS. THESE ARE THE LETTERS IN SUPPORT. THESE ARE THE TWO LETTERS OF OPPOSITION. AND THAT CONCLUDES THE PRESENTATION. ALL RIGHT, THANK YOU VERY MUCH AS HAVE THE ADVOCATE COME FORWARD. GOOD AFTERNOON. MY NAME IS CANOR . I GO BY ALEX. SO MAKE IT EASY ON YOURSELF, ALEX. IT'S LIKE ALEXANDER. SO I CALLED ALEX AND HIS CANDOR BACK HOME. SO, UH, OCTOBER, 2016, AN INVESTOR REACHED OUT TO ME FOR SOME REASON. GOT MY NUMBER FROM SOMEBODY AND HE SAID, I PURCHASED THIS PROPERTY. HE'S GOT THREE HOMES ON IT, ALL IN ONE PROPERTY. YOU INTERESTED? I CAME DOWN, I LOOKED AT IT IS, UH, NON LIVABLE HOMES ON IT. SO FOR ME TO BUY IT, THE PRICE HE WAS ASKING, I HAVE TO DEMOLISH EVERYTHING OR REBUILD. IT'S GONNA COST A LOT OF MONEY. NEGOTIATED. WE AGREED, BUY THE PROPERTY AND ACCOUNT THE BUILDINGS. SO NOW I HAVE A THREE PROPERTY ON ONE SINCE 2016. DIDN'T DO NOTHING WITH IT ALL. WHAT I DO IS CLEAN UP THE YARD. CLEAN UP THE YARD. AND SO WHAT I DID, BUT, UH, UH, JUST A QUICK ONE HERE ON THE RIGHT SIDE OF MY PROPERTY. THIS ONE HERE, I OWN THIS ONE AND I DO OWN THIS ONE. SO I GOT ALL THESE THREE PLUS THIS ONE AND THIS ONE. THOSE TWO, I PURCHASED THOSE, UH, FEBRUARY OF LAST YEAR. A GUY OWNS BOTH OF THEM. AND WHEN I BOUGHT, PURCHASED THESE PROPERTIES, GOT THREE HOMES ON IT. THERE'S NO FENCES, JUST THREE BUILDINGS ON ONE. SO THERE'S NO DIVIDED PROPERTIES ON IT. SO ABOUT FEW MONTHS AGO, I'M DRIVING LATE IN THE EVENING AND SO [04:25:01] MANY PEOPLE WALKING WITH CHILDREN, THERE'S, IT'S A DENSE NEIGHBORHOOD, VERY DENSE NEIGHBORHOOD, AND A LOT OF 'EM HOLDING HANDS. KIDS CROSSING THE STREET TO GO TO CAESAR'S PIZZA OR GO TO THE OTHER SIDE OF THE STREET, GO NORTH ON NORTH NEW BRAUNFELS TO OTHER PIZZA PLACE. REALLY? THERE IS NOT NO FOOD WHATSOEVER IN THE WHOLE NEIGHBORHOOD. JACK IN THE BOX. AND I BELIEVE MCDONALD, I'M NOT, BUT THAT'S IT. THERE'S NOTHING. AND THERE'S HEB ACROSS THE STREET ALSO. SO I WAS THINKING ABOUT, OKAY, WHAT DO WE DO? FOOD TRUCK. LET'S GET SOME FOOD TRUCK, LET'S GET SOME ACTIVITIES IN THE NEIGHBORHOOD. AND UH, I TALKED TO A FEW NEIGHBORS. THERE'S NOT A PERSON I TALKED TO. I GOT ABOUT 12 LETTERS FROM THE NEIGHBORS. THEY ALL LOVE THE IDEA. THEY ALL, YEAH, WE NEED, WE NEED SOME DIFFERENT FOOD. WE NEED ACTIVITIES, WE NEED SOME MOVEMENT IN THE AREA. THERE'S, UH, IT'S KINDA, I DON'T KNOW IF YOU GUYS FAMILIAR WITH THE NEIGHBORHOOD. IT'S KINDA, UH, GET A LITTLE BIT SPOOKY IN THE EVENING. , UH, AND YOU SEE 'EM WALKING AND YOU SEE ALL THE FAMILIES HOLDING KIDS, UH, HANDS AND WALKING. SO I SAID, WELL, LET'S PUT FOOD TRUCKS. 6, 8, 10, WHATEVER REQUIRED. WHATEVER WE CAN DO, WE CAN, UH, ALLOW THAT. AND UH, WHATEVER IT'S ALLOWED TO DO IT. THEN I START DOING SOME HOMEWORK. OKAY, IF WE'RE GONNA DO FOOD TRUCK, WHAT ARE WE GONNA DO? SO I CONTACTED AN ENGINEER, WHICH IS, I'M NOT GONNA PUT ANY LIGHT POSTS RIGHT NOW AND LIGHT METER AT SOME POINT I AM. AND I'LL PROBABLY SOME POINT BUILD SOME SOMETHING ON THE LOT. SO I'M ALREADY TALKING TO AN ENGINEER TO PLOT ALL THREE, LOTS TO ONE. THAT'S BEEN, I'VE BEEN TALKING TO HIM. THEN I SAID, OKAY, IF I'M READY, THE FOOD TRUCKS, HOW SAFE I CAN MAKE IT, WHAT CAN I DO FOR THE FAMILIES? SO I ALREADY CONTACTED THE SECURITY COMPANY. JUST GET INFORMATION WHAT WILL COST. UM, I TALKED TO A FEW PD SAN ANTONIO POLICE OFFICERS IN THE NEIGHBORHOOD. 'CAUSE THEY PATROL IT ALL THE TIME. THEY LOVE THE IDEA. UM, I AM GONNA BE BUILDING, UH, PERMANENT BATHROOMS ON THE CORNER OF THE LOT IF WE GET APPROVED. 'CAUSE I DON'T LIKE JUST, UH, PORTABLE BATHROOMS. UH, I HAVE FOUR FENCE ALL THE WAY AROUND THE PROPERTY. ALL THREE SIDES HAS GOT FENCE ON IT THIS WAY. ALL, UM, CHAIN LINKS. OH YEAH, ALL CHAIN LINKS EXCEPT THE LAST ONE RIGHT THERE. THAT'S THE HOUSE. I, THAT'S MY HOUSE. I PUT A WOOD FENCE ALL THE WAY ACROSS. BUT EVERYTHING HAS GOT CHAIN LINKS. I'VE BEEN TALKING TO A FEW PEOPLE. IF I'M STILL THINKING, I MIGHT EVEN RAISE THE FENCE, CHANGE IT TO SIX OR EIGHT FEET FENCE. MAYBE I CAN PUT SOME KIND OF BRANCHES OR THE BAMBOO FENCING TO COVER ALSO TO KEEP IT PRIVATE, NICE AND PRIVATE BECAUSE I WANT FAMILIES TO COME IN. SO WE'RE GONNA PUT FOOD TRUCKS ON THE SIDE OF THE FENCE, FEW TABLES IN THE MIDDLE AND SEE WHAT HAPPEN. ALL RIGHT. COMMISSIONER ZUNA ZUNA. YEAH. SO THERE'S OPPOSITION FROM THE NEIGHBORHOODS, RIGHT? HARBOR PLACE AND NUITY. HAVE YOU, HAVE YOU REACHED OUT TO THEM OR WHAT IS THEIR UH, THE BIGGEST CONCERN, ESPECIALLY, UH, AND SHE'S NOT EXACTLY BEHIND US IN THE CORNER. SHE'S CONCERNED ABOUT, UH, KICKING THE HOMELESS OUT OF THERE. SHE SAID, I FEED THE HOMELESS. I'VE BEEN FEEDING THE HOMELESS AND UH, I DON'T WANT YOU TO HURT THE HOMELESS. AND ONE PERSON SAID, UH, NO, NO, NO, I DON'T LIKE IT. YOU'RE GONNA CALL ICE ON THEM. SO I SEE FROM, SO I SAID, LISTEN, HOMELESS, IF I DO OPEN A FOOD TRUCK OR NOT, I ALWAYS HELP HOMELESS. THIS IS NOT SOMETHING I'M GONNA DO. OKAY. KICK HOMELESS OUT OF THERE. WHEN I, WHEN I READ THE LETTER FROM THE DITY HILL, RIGHT. THEY SAY IT'S A COMMERCIAL CREEP. HAVE, HAVE YOU ZONED IT? WHAT IS THE ZONING FOR THE PROPERTY? IS IT ZONED COMMERCIAL? IT'S, YES, IT'S ZONED. SO IT'S ALREADY COMMERCIAL? IT'S ALREADY COMMERCIAL, YES. SO THE, THE, THE LETTER ABOUT COMMERCIAL CREEP IS PROBABLY A NON LETTER BECAUSE THE COMMERCIAL USE IS ALREADY ESTABLISHED. I WAS GONNA SAY WHAT THE ZONING? YEAH, IT WAS PART OF THE ORIGINAL 36 SQUARE MILES AND IT WAS ACTUALLY ZONED COMMERCIAL DISTRICT. IT ACTUALLY CONVERTED TO I ONE GENERAL INDUSTRIAL AND WE, WE WERE DOWN AND IT WAS DOWN ZONED IN 2024 TO THE EXISTING C TWO. OKAY. THANK YOU. AND PRETTY MUCH THE TWO CONCERNS WE HAVE ABOUT THE HOMELESS AND ICE MORE THAN ANYTHING ELSE. AND THAT'S MY LEAST CONCERN BECAUSE THIS IS NOT WHAT I WANNA DO FOR THE NEIGHBORHOOD. OKAY. ANYONE ELSE LIKE TO, UH, ADD QUESTIONS? IS THERE ANYBODY SIDE TO SPEAK OR VOICEMAILS? NOPE. WE GOT, UH, TWO VOICEMAILS AND ONE SPEAKER. OKAY. UH, LET'S HEAR THE VOICEMAILS FIRST AND THEN WE'LL HAVE THE SPEAKER SQUAD CHAIRPERSON FOR [04:30:01] THE HISTORIC NEIGHBORHOOD REVIEW COMMITTEE FOR DIGNITY WADEY HILL. CALLING IN ON CASE NUMBER BO OA 1 9 5 6 0 2 NORTH NEW BRAUNFELS 1513 DAWSON STREET. WE AGREE WITH STAFF'S RECOMMENDATION FOR DENIAL OF THE ELIMINATION OF THE 200 FOOT SEPARATION BETWEEN THIS FOOD COURT AND THE RESIDENTIAL LOT AT 1513 DAWSON STREET. ONE OF OUR MAIN CONCERNS IS COMMERCIAL CREEP INTO THE RESIDENTIAL BLOCKS WITHIN DIGNA WOODY HILL. THIS REQUEST IS A PERFECT EXAMPLE OF COMMERCIAL CREEP, WHICH IS WHY WE HIGHLY ENCOURAGE STAFF TO DENY THIS REQUEST. THANK YOU. HI, GOOD EVENING. THIS MESSAGE IS . I AM CALLING REGARDING CASE NUMBER B OH 8 2 5 DASH 1 0 3 0 0 1 9 5 4 6 0 2 6 0 6 NORTH NEW BROWNSVILLE AND FIVE 13 DAWSON. UM, I'M CALLING REGARDING HARBOR PLACE EAST LAW NEIGHBORHOOD ASSOCIATION IN OPPOSITION TO THE REZONING, UM, TO PROTECT THE RESIDENTS AND TO MAINTAIN THE 200 FEET, UH, REQUIREMENT. AGAIN, I'M CALLING FOR HAR FROM HARBOR PLACE EAST ONE NEIGHBORHOOD ASSOCIATION AND WE ARE CALLING IN OPPOSITION, UM, TO THE, UH, CHANGE, UM, TO CONTINUE THE 200 FEET FOOT SEPARATION. THANK YOU. I CALLED HER AS WELL TO MAKE SURE SHE UNDERSTOOD IT WASN'T A REZONING. OKAY. NOW, MR. ALFONSO RODRIGUEZ? YES. ALL RIGHT. SORRY, I'M GONNA SHAKE IT. I'M PLEASE. I'VE BEEN SITTING THERE SINCE IS ONE O'CLOCK FREEZING. AS LONG AS WE HAVE, PLEASE STATE, BUT I'M OUT UNDERNEATH THE AC SO IT'S FREEZING. PLEASE STATE YOUR NAME AND TELL US YOURSELF. MY NAME'S ALFONSO RODRIGUEZ AND I DO RESIDE RIGHT THERE NEXT TO WHERE WE'RE GONNA DO THE FOOD PARK. UH, I LIVE ON 1515 DAWSON AND I DO HAVE, UM, A LITTLE GIRL. I HAVE THREE KIDS AND I'M A SINGLE DAD, SO WE'RE ALWAYS THERE. WE ALWAYS GO WALKING TO HEB, WE'LL GO WALKING EVERYWHERE. THEY LOVE TO WALK AROUND. SO I'M THINKING THAT, YOU KNOW, THE FOOD PART'S GONNA BE A GOOD, A GOOD IDEA TO DO. SO. MY KIDS ARE ALL IN FAVOR. I'M IN FAVOR OF IT AND I JUST CAN'T WAIT. IT'S, I THINK IT'S ALL THE NEIGHBORS ARE, ARE AGREEING TO IT. UM, I SPOKE WITH A BUNCH OF THEM, YOU KNOW, TO SEE, GET THEIR OPINION AND EVERYTHING AND NOT ONE I-S-A-P-D. UM, SIX OF THEM STOPPED BY. I TALKED TO SIX OF THEM AND THEY'RE LIKE, GREAT IDEA. EVERYTHING WAS GOOD. AND EVEN ON THEIR OFF TIME, THEY SAID IF, IF WE'RE HIRING SECURITY THAT THEY WOULD, THEY WOULD EVEN DO THAT. SO. OKAY. ALRIGHT. UM, THANK YOU VERY MUCH. YES, SIR. AND STAFF, UH, TO THE NORTH OF THIS, UH, IS THERE A, WHAT WAS THAT, A 10 OR 15 FOOT ALLEY OR SOMETHING ON THERE? YEAH. OKAY. UM, ANY CO COMMISSIONER QUESTIONS FOR THE APPLICANT TO COME BACK UP? MANNA COMMISSIONER MANNA, THIS MAY BE FOR THE CITY. SO, SO AS I LOOK AT THIS MAP HERE, SO IT'S 200 FOOT FROM, UM, THE PERIMETER OF THIS LOT AS I UNDERSTOOD FROM OUR PREVIOUS CASE. AND SO, SO, UM, AND UM, ON THIS MAP HERE, THERE'S UM, SO IS MF CONSIDERED RESIDENTIAL THEN AS WELL? WOULD THAT GROUP BE PART OF THIS DIALOGUE ON THIS ONE? BECAUSE THE MF IS SINGLE FAMILY RESIDENTIAL. IT WOULD BE PART OF IT, YES. SO, SO IT LOOKS LIKE THERE'S ABOUT 17 HOMES, I GUESS THAT, UM, 17 RESIDENTIAL PROPERTIES THAT ARE POTENTIALLY, UM, WITHIN THAT 200 FOOT RANGE IF, UM, OR MORE, UM, ESSENTIALLY CORRECT. SO THAT SEEMS ACCURATE. OKAY. UM, SO, SO, SO, YOU KNOW, I GUESS THE QUESTION I HAVE, SO, SO THE CONVERSATION THAT YOU HAD WITH THE TWO NEIGHBORHOOD ASSOCIATIONS, YOU KNOW, AND THEIR OPPOSITION TO THIS, YOU KNOW, SO, SO, UM, YOU KNOW, I GUESS TRY TO UNDERSTAND THEIR PERSPECTIVE OF WHY THEY WOULD BE IN OPPOSITION. SO, AND I DID NOT TALK TO THOSE TWO, UM, WAS THE COMMERCIAL, TWO OF THEM. I DID NOT BE GLAD TO SPEAK WITH THEM, BUT I DIDN'T HAVE A CHANCE TO SPEAK WITH THEM, MR. MAN, I THINK THE LETTER SHOWED IT WAS LIKE A COMMERCIAL CREEP OF COMMERCIAL USES. WELL, SO PART OF THE COMMERCIAL, YOU KNOW, AGAIN, SO THE 200 FOOT, YOU KNOW, PERIMETER OF, OF COURT, YOU KNOW, AND THAT'S THE CREEP THAT, THAT, THAT I'M ASSUMING IT BASICALLY IT'S, IT'S THE 200 FOOT CREEP FROM A FOOD COURT INTO THEIR COMMUNITIES. AND SO WHILE IT IS THAT THEY GOT SOME SIGNATURES FROM SOME OF THE NEIGHBORS, YOU KNOW, THERE'S, THERE'S MORE THERE. SO, SO I SO YOU'RE SAYING IT'S NOT COMMERCIAL CREEP, NOT IT'S, IT'S THE USE THAT IS THE CREEP. RIGHT. SO I THINK THE USE IS THE CREEP. I THINK WE SHOULD GET MORE. OKAY. SO I'M GONNA SUGGEST A CONTINUANCE ON THIS. AND I, AND THE ONLY REASON WHY I [04:35:01] ASK IS, YOU KNOW, NEW BRAUNFELS IS A, IS A, UH, ARTERIAL. AND, AND SO THE, THE COMMERCIAL AND A FOOD TRUCK AND ALL THAT, THAT I THINK IT'S NEAT AND ALL, BUT THERE'S JUST TOO MANY PEOPLE LIVING AROUND THAT WE HAVEN'T HEARD FROM AND NEIGHBORHOOD ASSOCIATIONS. RIGHT. I'M JUST GOING TO, I I WILL JUST FOR MYSELF, I WOULD, I, I CAN'T FEEL COMFORTABLE WITH THIS UNLESS YOU'VE GOT MORE OF THE PEOPLE AROUND TO, TO BE IN SUPPORT AND AT LEAST ONE OF THOSE NEIGHBORHOOD ASSOCIATIONS. SURE. UH, THERE'S A REASON WHY WE HAVE THE 200 FOOT SETBACK AND I JUST, I, I NEED TO SEE MORE OF A, OF A SURPLUS OF A, OF SUPPORT BEFORE I COULD GET BEHIND IT. OKAY. AND JUST TO NOTE, UM, WE DID VERIFY THE PROPERTIES DIRECTLY TO THE EAST DOES BELONG TO THE PROPERTY OWNER, OBVIOUSLY HE DIDN'T TURN IN A A YEAH, I WAS ASSUMING HE'S IN SUPPORT OF THAT CASE. UH, BUT, BUT AS COMMISSIONER MAN HAD MENTIONED, UH, YOU KNOW, THAT THERE'S A MULTI-FAMILY AND THEN ACROSS FROM DAWSON, UM, I, AND, AND YOU KNOW, YOU HAVE TWO NEIGHBOR ASSOCIATIONS. I'D, I'D BE, I'D, I'D LOVE TO SEE IT CONTINUES TO SEE MORE, UH, OUTREACH FOR SOME. SO CHAIR, IF YOU WERE TO MOVE FORWARD WITH CONTINUANCE, I'D ASK THAT HE'D BE THE FIRST CASE THAT WOULD BE BROUGHT UP AT THE NEXT MEETING AFTER THE CONTINUANCE. OH, SURE. YEAH. YEAH. SO IS THAT, AND THE AIR CONDITIONERS ERASED, SO IT IS . SO, SO IS, IS THERE, UM, SO WE HAVE TWO NEIGHBORHOODS REPRESENTED HERE. IS THIS MAP HERE, UM, CONSIST OF, OF A BOUNDARY BETWEEN THE TWO NEIGHBORHOODS? UM, THE STREET IS A BOUNDARY. THIS, IT'S IN THE HARVARD PLACE, EAST LAWN. OKAY. SO IT IS THE STREET ITSELF. SO, UM, OKAY. YEAH. 'CAUSE THERE'S, 'CAUSE THE 200 FOOT WOULD ALSO BRING UP THE, UM, HERE. SO ESSENTIALLY ALL OF THE LOTS, UM, ESSENTIALLY ONE BLOCK AWAY FROM, FROM THIS CURRENT CIRCLE WOULD BE INCLUDED WITHIN THAT 200 FOOT. AND SO, SO IT'S, IT IS BIGGER THAN, YOU KNOW, THAN THIS, THAN THE CIRCLE ITSELF. AND THAT'S WHY I WAS KIND OF ASKING THAT ONE QUESTION. SO YEAH, NORTH THROUGH BRAUNFELS DIVIDES DIGNITY HILL AND HARVARD. SO ALL THE RESIDENTIAL PROPERTIES ARE IN. YEAH, THERE YOU GO. MR. CHAIR, COULD WE, WE TAKE, KIND OF TAKE A PULSE OF THE BOARD TO SEE IF THEY'RE READY TO MOVE FORWARD WITH THE SURE. UH, IS THERE, IF SOMEONE ON THE BOARD IS, WOULD LIKE TO MAKE A MOTION, UH, I'M NOT OPPOSED TO HEARING IT, I'M JUST NOT A FAN OF IT RIGHT NOW, BUT I'LL MAKE A MOTION. SURE. REGARDING CASE NUMBER BO OH EIGHT DASH 22 DASH 0 3 0 1 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT AND A REQUEST FOR AN ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITH DUE TO WITHIN 200 FEET OF A RESIDENTIAL LOT, OR YOU SITUATED AT 6 0 2, 6 0 6 NEW NORTH NEW BRAUNFELS AND 1513 DAWSON STREET, APPLICANT BEING THIS ALEX, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY SETS, THAT THE LITTLE ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIS NOT CONTRACT TO PUBLIC INTEREST, THE LACK OF SEPARATION WOULD NOT CREATE POTENTIAL NUISANCE AS A LOT SIT ON THE CORNER OF THE PRIMARY ARTERIAL ROAD. IT WILL NOT LEAD TO MORE TRAFFIC. TWO, DUE TO SPECIAL CONDITIONS. AND THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIPS, PARTICULARLY APPLYING THE ORDINANCE WOULD CAUSE SIGNIFICANT AND UNFAIR DIFFICULTY DUE TO THE SPECIAL CONDITIONS OF THE PROPERTY BEYOND WHAT OTHER, OTHER TYPICALLY EXPERIENCED UNDER THE SAME RULES. THREE, BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND, AND SUBSTANTIAL JUSTICE WILL BE DONE. UH, THERE IS SUFFICIENT ROOM TO ALLOW FOR THE DEVELOPMENT AS IT SITS ON THE CORNER LOT AND WILL NOT BRING ADDITIONAL TRAFFIC INTO THE AREA FOR THE VARIANCE WHILE NOT AUTHORIZE THE OPERATION OF USE OF NO USE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT GOING TO THE VARIANCES LOCATED. NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CARE OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. ADEQUATE SPACE WILL REMAIN BETWEEN THE MOBILE FOOD COURT AND THE RESIDENTIAL LOT AS A 15 FOOT BUFFER WOULD REMAIN SEPARATING THE USE FROM THE ABUTTING RESIDENTIAL. LOTS AND SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE 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 THE RESULT OF GENERAL CONDITIONS. THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SAW IS DUE TO THE UNIQUE THE IS SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS A RECONFIGURATION OF THE DEVELOPMENT WOULD RESULT IN A LESS, UH, OVERALL AREA FOR THE USE OF THE MOBILE FOOD COURT. AND A MOTION. SECOND. SECOND BY COMMISSIONER STEVENS? COMMISSIONER ZUNA? YES. SO I THINK I'M READY TO KIND OF MAKE A MOTION ON THIS. UH, YOU KNOW, THE PROPERTIES THAT WOULD BE MOST AFFECTED ARE, ARE EITHER OWNED BY THE APPLICANT AS WE SEE, OR THEY'RE ALL IN SUPPORT OF THE, UM, OF THE FOOD COURT AS WOULD BE, YOU KNOW, WITHIN THAT 200 FOOT BUFFER AREA. UM, YOU KNOW, IT'S, IT'S, UH, HEAVILY TRAFFIC AREA. UH, I THINK IT'S A GOOD USE FOR THE PROPERTY. I'LL SUPPORT THE MOTIONS. THAT CORRECT. COMMISSIONER STEVENS? UH, YEAH, I'LL, I'LL BE IN FULL SUPPORT OF THIS. I'M VERY FAMILIAR WITH THE AREA AND THE NEIGHBORHOOD. UM, I THINK IT'S BEEN HISTORICALLY UNDERSERVED [04:40:01] IN JUST ABOUT EVERY WAY IMAGINABLE. SO THIS AREA CRAVES PROGRAM LIKE THIS FOR THE COMMUNITY. UM, THE, THE COMMENT FROM, UH, THE NEIGHBORHOOD ASSOCIATION SEEMS TO BE MISINFORMED SINCE THIS IS ZONED FOR COMMERCIAL ACTIVITY. UM, AND AS A ZUNA HAD, UH, MENTIONED EVERY BUDDING LOT IS EITHER OWNED BY THE, BY THE APPLICANT OR HAS SUPPORT BY THE OTHER OWNERS. SO I'LL BE IN FULL SUPPORT. ANYONE ELSE LIKE TO ADD MAN COMMISSIONER AMANDA? SO I'M IN DISAGREEMENT WITH MY COLLEAGUES HERE AND SO, UM, I, YOU KNOW, WE HAVE TWO NEIGHBORHOOD ASSOCIATIONS THAT HAVE, WHO ARE IN OPPOSITION. AND UNTIL I EITHER UNDERSTAND WHY IT IS THAT THEY'RE IN OPPOSITION, UM, YOU KNOW, I'M GOING TO ASSUME THAT THEY, YOU KNOW, UNDERSTAND THEIR COMMUNITY FIRST. SECOND IS BY RIGHT. THEY CAN HAVE TWO FOOD TRUCKS HERE, YOU KNOW, FOR RIGHT NOW. AND, YOU KNOW, FIGURE OUT HOW THAT WORKS OUT, YOU KNOW, SO STILL SERVE THE COMMUNITY IF THEY WANT. DON'T WANNA DO ANY KIND OF DEVELOPMENT. AND IT'S NOT STOPPING THEM FROM, YOU KNOW, ACTUALLY PUTTING IN, YOU KNOW, OTHER SERVICES HERE. SO IT SEEMS LIKE, UM, WE AREN'T TALKING WITH ENOUGH OF THE COMMUNITY. UM, AND WE HAVE A COMMUNITY LEADERSHIP GROUP IS NOT IN FAVOR OF THIS, SO I JUST CAN'T SUPPORT THIS. ANYONE ELSE LIKE TO ADD? ALL RIGHT, LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER PARRINGTON? YES, I CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER GOMEZ? I CONCUR. COMMISSIONER MANO. I DO, DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. CHAIR ORIEN. UH, AND I DO NOT CONCUR. A MOTION, UH, FAILS. UH, UM, SIX TO FOUR. I MOVE TO RECONSIDER SO THAT WE CAN ENTERTAIN A CONTINUANCE. SO MOVED. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. UH, I'D LIKE TO OFFER A MOTION FOR A CONTINUANCE. UH, HOW MUCH TIME WOULD YOU NEED TO, TO JUST TO, I I'M LOOKING FOR ANY ADDITIONAL SUPPORT. OKAY. ONE NEIGHBORHOOD ASSOCIATION. TWO PEOPLE WOULD DO IT FOR ME PERSONALLY, BUT YOU KNOW, WHAT DO YOU NEED? TWO WEEKS, A MONTH? UH, PROBABLY TWO WEEKS. SOMETIMES HARD TO REACH SOME JUST TO BE, TO MAKE SURE. AND OKAY. UM, THAT WOULD BE WHEN? NOVEMBER 3RD. NOVEMBER 3RD. NOVEMBER 3RD. THIRD. SO MOVED FROM THE THIRD TO THE EIGHTH. I'M GONNA BE OUT OF THE COUNTRY. SO NOVEMBER 17TH. SO MOVED FOR ME. OKAY. SO WE HAVE A MOTION BY COMMISSIONER ROMANOW, I SECOND, UH, TO CONTINUE TO NOVEMBER 17TH. UH, ALL IN FAVOR? AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. UH, MOTION PASSES AND, AND UH, HE'LL BE THE FIRST ITEM ON THE AGENDA. YES, I WILL MAKE SURE , MAKE SURE I CAN SEE Y'ALL. 'CAUSE YOU KNOW, I'LL SIT IN THE BACK AND TRY TO HIDE, YOU KNOW. ALRIGHT, THANK YOU VERY MUCH. Y'ALL HAVE A NICE EVENING. YOU GOT IT. I'LL GIVE YOU THEIR CONTACT. UH, WE HAVE MINUTES TOO [ Approval of Minutes  ] THIS TIME. AND, UM, ANY CHANGES FROM ANYBODY? NO. AS A MOTION APPROVAL. OKAY. MOTION BY COMMISSIONER BARRINGTON. IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER BEDA. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE. MOTION PASSES. MINISTER APPROVALS. HAVE A DIRECTOR'S REPORT. NO DIRECTOR'S REPORT. OKAY. UM, I'M JUST CURIOUS IF THE, IF THE MAYOR'S BOARD LIAISON HAS EVER REACHED OUT TO THE BOARD OF JUSTINS? I, I'M STILL ON A KIND OF A, UH, AT WILL , A HANGOVER FROM THE PRIOR MAYOR'S APPOINTMENT, AND I'VE REACHED OUT TO THE MAYOR'S OFFICE AND I'VE GOTTEN NO RESPONSE YET OTHER THAN THEY HAVEN'T MADE ANY BOARD APPOINTMENTS. SO I HAVEN'T HEARD, I HAVE NOT HEARD ANY UPDATES ON THAT. DO SO I KNOW THAT THEY JUST GOT A BRAND NEW, UM, CHIEF OF STAFF. I THINK PAT WALLACE FROM DISTRICT EIGHT IS NOW FOR THE, UM, FOR THE MAYOR. SO I CAN FOLLOW UP, I CAN TRY TO FOLLOW UP WITH HER. SHE'S STAFF. THE MAYOR? HUH? SHE'S THE CHIEF OF STAFF OR THE MAYOR? I CAN'T REMEMBER IF SHE'S CHIEF OF STAFF, BUT SHE IS WORKING FOR THE MAYOR NOW. YEAH. OKAY. AND, UM, CHIEF ASSISTANT, CHIEF OF STAFF. AND, UH, IS THERE, HOW MANY, HOW MANY OF COMMISSIONERS STILL HAVEN'T BEEN REAPPOINTED? ? UH, [04:45:01] IF I, IF I SAW, I SAW YOU ACCORDING TO, I STILL HAVE NOT MAKE A PHONE CALL AND, AND WE STILL HAVE ONE, WE HAVE ONE ALTERNATE SPOT OPEN STILL IS ANY IS THERE ANY TRACTION ON THAT? I DO NOT KNOW. I'M SORRY, I DON'T HAVE AN UPDATE ON THAT. OKAY. FOR, FOR THE ALTERNATE SPOTS, THAT'S A, IT'S A LONGER PROCESS, INTERVIEWS GO TO COMMITTEE AND ALL THAT, AS OPPOSED TO THE COUNCIL APPOINTEES WHENEVER THEY JUST GET AROUND TO IT. OKAY. JUST WONDERING. ALL RIGHT, SO THERE'S NOTHING ELSE. IT IS 5 58 WORD. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.