[00:00:03]
ALL RIGHT, SO IT IS ONE OH ONE.
I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION.
IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE FOR THE SPANISH SPEAKERS.
UH, STAFF IF YOU COULD PLEASE CALL ROLL.
COMMISSIONER BENAVIDES PRESENT.
WE GOT A FULL, UH, BOARD TODAY, SO IF EVERYONE COULD PLEASE JOIN ME IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE BLACK OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC RELIGIOU STANDS, ONE NATION UNDER GOD, LIBERTY AND JUSTICE.
FOR HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
[ Briefing and Possible Action on the following items ]
WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND 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 PERMIT A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE ASSERT THE CASE WILL BE CLOSED, 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 RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE FOR SPECIAL EXEMPTION.
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 THE MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER.
THAT SPEAKER WILL BE ALLOWED OF MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK.
[00:05:01]
APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.UH, SO I UNDERSTAND WE HAVE ONE CASE THAT IS REQUESTING A CONTINUANCE THAT'S ITEM THREE TO NOVEMBER 17TH AND ALSO THERE'S NO PUBLIC COMMENT.
AND JUST LEMME READ IT INTO THE RECORD.
UH, ITEM NUMBER THREE, BO 8 25 103 0 0 180 9.
REQUEST BY BROWN AND MCDONALD LAW FOR AN APPEAL FOR AN ADMINISTRATIVE DECISION REGARDING THE CERTIFICATE OF APPROPRIATENESS LOCATED AT 2 35 EAST COMMERCE.
2 34 RIVERWALK STAFF RECOMMENDED IN DENIAL IN COUNCIL DISTRICT ONE AND THEY'RE REQUESTING CONTINUANCE TO NOVEMBER 17TH.
WHO'D LIKE TO MAKE A MOTION FOR THAT CONTINUANCE? UH, I WAS GONNA MOVE TO FOR CONTINUANCE TO, UH, NOVEMBER 17TH.
MOTION, UH, CASE IS CONTINUED TO NOVEMBER 17TH AND WE'RE BACK ON ITEM NUMBER ONE.
UH, BEFORE WE BEGIN ON ONE, I I JUST HAVE TO SAY, THIS ROOM LOOKS GREAT, BUT, UH, IS THERE ANY, UH, TECHNOLOGICAL UPDATES OR CHANGES? I CAN SEE THE CARPET AND THE CHAIRS AND EVERYTHING, BUT IS THE, THE CAMERA, EVERYTHING ELSE THE SAME? YEAH, IT'S, UH, PURELY AESTHETIC, THIS UPGRADE, NO TECHNOLOGICAL CHANGES.
MY NAME IS JOSEPH LAOS, SENIOR PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER ONE IS BO OA DASH 25 DASH HUNDRED 3 2 7 AT 1120 EAST COMMERCE STREET, UNIT 2 0 2.
UH, IT'S LOCATED WITHIN COUNCIL DISTRICT TWO.
THE APPLICANT IS SANDRA SERRANO AND THEY'RE REQUESTING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK PHASE.
AND THE CURRENT ZONING IS D FOR DOWNTOWN DISTRICT.
AGAIN, THE SUBJECT PROPERTY LOCATED AT 1120 EAST COMMERCE STREET, UNIT 2 0 2 SURROUNDING LAND USES INCLUDE COMMERCIAL.
UM, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO ON THE BLOCK FACE.
THERE IS CURRENTLY ONE ACTIVE TYPE TWO, UM, PERMIT LOCATED WITHIN THE COMPLEX, UM, WHICH IS UNIT 2 0 1 AND IS OWNED BY THE SAME, UH, PERSON AS THE SUBJECT PROPERTY HAVING BEEN APPROVED ON MARCH 29TH, 2023.
ON APRIL 7TH, 2023, A TYPE ONE PERMIT WAS APPROVED BY STAFF FOR THE SUBJECT UNIT UNIT 2 0 2.
UM, AT THE TIME THE OWNER PROVIDED THEIR DRIVER'S LICENSE AS PROOF OF RESIDENCY.
UM, HOWEVER, AFTER AN INTERNAL AUDIT, THE OWNER HAD A HOMESTEAD EXEMPTION ELSEWHERE.
UH, AND STAFF SUBSEQUENTLY REVOKED THE TYPE ONE SHORT-TERM RENTAL PERMIT FOR UNIT 2 0 2.
ON JULY 31ST OF THIS YEAR, THE OWNER WAS INFORMED THAT THEY WOULD NEED TO APPLY FOR A TYPE TWO, UM, STR PERMIT, AND THEIR REQUEST WOULD BE FORWARDED FOR CONSIDERATION BEFORE THE BOARD TODAY FOR A SPECIAL EXCEPTION, UH, PER THE CODE TYPE TWO, SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH 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.
UH, THIS IS THE TYPE TWO DENSITY COUNT.
UH, SO THERE ARE THREE UNITS ON THIS BLOCK FACE.
UH, THE BLOCK FACE ONLY CONSISTS OF THE, UM, SUBJECT PROPERTY, WHICH IS 1120 EAST COMMERCE.
AGAIN, ONE ACTIVE TYPE TWO IS CURRENTLY THERE.
UH, AT UNIT 2 0 1, THE BLOCK FACE IS AT 33%.
AND THEN IF THIS ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 66%, WHICH EXCEEDS THAT 12.5% DENSITY.
AS FOR INVESTIGATIONS AND ACTIVE LISTINGS, UM, THERE WERE TWO, UM, CASES THAT WERE OPEN BACK IN 2021 AND 2022.
HOWEVER, THERE WERE NO VIOLATIONS FOUND AND THERE ARE ALSO NO ACTIVE LISTINGS.
UH, THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTIONS STAFF RECOMMENDS A DENIAL OF THE APPLICANT'S REQUEST, AND THIS IS THE NOTIFICATION PLAN.
WE MAIL OUT 21 NOTICES RECEIVED ONE IN FAVOR, UH, WHICH IS AT 1145 EAST COMMERCE AS INDICATED BY THE GREEN CHECK MARK, UH, ZERO IN OPPOSITION.
WE RECEIVED NO RESPONSE FROM THE DOWNTOWN NEIGHBORHOOD ASSOCIATION.
UH, WE DID RECEIVE AN OPPOSITION RESPONSE FROM DAUDI HILL NEIGHBORHOOD ASSOCIATION, WHICH IS OUTSIDE THE 200 FEET BOUNDARY.
UM, AND THEN THE FOREST CITY WHITE GROUPS WERE NOTIFIED WITH NO RESPONSE.
AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
WILL LET THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR STR.
MY NAME IS SANDRA SERRANO AND I'M HERE WITH MY HUSBAND MARIO SERRANO.
AND AGAIN, WE'RE HERE TO ASK FOR AN EXCEPTION TO THE
[00:10:01]
STR TWO.UM, FIRST I WANTED TO JUST TAKE A LITTLE TIME, A FEW MINUTES ACTUALLY, JUST TO KIND OF GO OVER THE HISTORY OF THIS, OF THIS BUILDING.
UM, THE BUILDING IN QUESTION IS RIGHT THERE, AND OUR, OUR BUILDING HOUSES, THREE APARTMENTS ON THE SECOND FLOOR.
SO IT'S, WE OWN ALL OF THEM, THE THREE OF THEM, TWO OF WHICH WE'VE BEEN OPERATING AS STRS FOR SINCE 2019.
I KNOW IT SAID 2023, BUT IT'S, THAT'S WHEN WE RENEWED.
SO WE WERE ISSUED THE PERMITS TO BE ABLE TO DO SO.
YOU KNOW, AT THAT TIME THIS WAS SOMETHING COMPLETELY NEW TO US.
SO WE WENT, WE CAME HERE AND ACTUALLY WENT TO, YOU KNOW, THE SHORT TERM RENTAL DEPARTMENT, AND THE STAFF ASSISTED US IN FILLING OUT THE APPLICATIONS.
UM, THEY REVIEWED 'EM, WE PROVIDED EVERYTHING THAT WAS ASKED OF US, AND WE WERE ISSUED THE PERMITS.
UM, AT THAT TIME, AGAIN, WE JUST WENT BY WHAT THEY SAID, AND SO WE THOUGHT, OKAY, WE'RE GOOD.
UM, AND SO WE BEGAN OUR OPERATION OF, OF BOTH AIRBNBS ONE IN UNIT 2 0 1, 1 IN 2 0 2.
THE THIRD UNIT IS OUR PRIVATE RESIDENCE, UM, WHICH WE DO NOT, YOU KNOW, RENT OUT.
AND IN 2023, THAT'S WHEN WE NEEDED, WE HAD TO REAPPLY FOR OUR RENEWAL.
AND SO AGAIN, WE SUBMITTED ALL THE PAPERWORK, YOU KNOW, THAT WAS ASKED OF US AND SO FORTH.
AND THEY RENEWED THEM AND AGAIN, GRANTED US THE PERMITS TO CONTINUE, YOU KNOW, OPERATING.
UM, AND WHAT HAPPENED AT THAT POINT WAS EARLIER THIS YEAR, THE, WE WERE CONTACTED BY THE CITY STATING THAT THERE SHOULD HAVE BEEN ONE S STR ONE AND ONE S STR TWO.
AND AGAIN, WE DIDN'T KNOW THAT, SO WE THOUGHT WE WERE IN COMPLIANCE, YOU KNOW, THIS WHOLE TIME.
AND SO THEY ACTUALLY GAVE US THE OPTION OF APPLYING FOR A STR ONE, AND OF COURSE, LEAVING THE STR TWO AS IT WAS THE STR ONE.
ALL THAT WAS REQUIRED WAS THAT WE GO AHEAD AND, UM, REMOVE THE HOMESTEAD THAT WE HAD IN OUR HOME IN CORPUS CHRISTI AND, YOU KNOW, TAKE IT AND USE THE ONE HERE TO WITH BEAR COUNTY.
UM, ALL OF THIS WAS TRANSPIRING IN, IN JULY, AND SO WE WENT AHEAD AND APPLIED, YOU KNOW, FOR, FOR THE S STR ONE.
AND I WENT TO, YOU KNOW, THE NOES COUNTY DEPARTMENT IN CORPUS HAD IT REMOVED.
THEN WE CAME TO SAN ANTONIO AND WENT AHEAD AND APPLIED TO HAVE IT ADDED ON TO OUR PROPERTY HERE SO THAT WE COULD DO THAT, BECAUSE THEY SAID THAT WAS ALL THAT WAS NEEDED FOR US TO GO AHEAD AND, AND GET THE PERMIT.
THEY SAID, IT'S JUST THIS SIMPLE, DO THIS, DO THAT, AND YOU'RE GOOD.
SO WHEN I CAME HERE TO SAN ANTONIO TO DO IT, YOU KNOW, I ASSUMED IT WAS LIKE CORPUS, YOU JUST GET IT DONE RIGHT THEN, RIGHT THERE THAT SAME DAY.
NOW, WHEN THEY, OUR BUSINESS IS, OUR BUILDING, I SHOULD SAY, IS A MIXED USE BUILDING, SO IT'S BOTH COMMERCIAL AND RESIDENTIAL.
SO WHEN THEY LOOKED AT THAT, THEY SAID, WELL, YOU KNOW WHAT, WE'RE GONNA HAVE TO SEND AN APPRAISER OUT TO LOOK AT IT JUST TO CONFIRM THAT THIS IS A RESIDENCE, UM, YOU KNOW, OUR RESIDENCE.
AND BASICALLY THEY JUST TOLD ME, YOU KNOW, WE'VE GOT YOUR NAME, WE'VE GOT YOUR NUMBER, WE'LL BE CONTACTING YOU TO SET UP AN APPOINTMENT FOR THEM TO COME OUT.
UM, THREE WEEKS PASSED, AND THIS WAS ALREADY, YOU KNOW, INTO AUGUST, MID-AUGUST AND HADN'T HEARD ANYTHING BACK.
SO I WENT AHEAD AND CALLED AGAIN, UH, TO ASK WHAT WAS HAPPENING, IF THEY WERE GONNA BE ABLE TO COME OUT OR NOT.
AND THEN, UM, THEY SAID, WELL, WE'RE BLACK, WE'RE BACKLOGGED, SO WE WILL, YOU KNOW, YOU'LL HEAR FROM US.
AND SO THIS WAS ALREADY INTO SEPTEMBER THAT I HADN'T HEARD ANY WORD, YOU KNOW, FROM THE BEXAR COUNTY DEPARTMENT.
SO AT THAT TIME, IT WAS ALREADY SEPTEMBER THE 19TH AND THE DEADLINE TO SUBMIT FOR ANY EXEMPTIONS BECAUSE THE TAX ROLLS COME OUT, THE NEW TAXES COME OUT OCTOBER 1ST.
I WAS JUST THINKING, WELL, IF I DON'T APPLY HERE AND I DON'T GET IT THERE, YOU KNOW, WE HAVE NO EXEMPTION.
AND OUR TAXES AS IT IS, ARE ALREADY PRETTY HIGH IN CORPUS.
WE'RE PAYING ABOUT $7,500 FOR OUR TAXES ON OUR HOME.
THE TAXES HERE ARE, LAST YEAR THERE WERE 20,000.
THEY'VE NOW GONE UP THIS YEAR TO $22,000.
SO OF COURSE IT WOULD'VE BENEFITED US TO HAVE IT HERE INSTEAD.
BUT AGAIN, NOT KNOWING WHETHER OR NOT WE'D HEAR BACK IN TIME, WE WENT AHEAD AND JUST DID IT THAT WAY BECAUSE THEY ALSO HAD GIVEN US THE OPTION OF APPLYING FOR THE STR TWO AND THEN COMING BEFORE THE BOARD TO SEE IF WE COULD GET AN EXCEPTION.
SO THAT'S THE REASON THAT, LIKE I SAID, WE'RE HERE TODAY.
UM, AGAIN, JUST A, A SMALL HISTORY.
[00:15:01]
EFFORT.AGAIN, WE DIDN'T KNOW THAT AT ANY TIME THAT WE WEREN'T SUPPOSED TO BE THAT KNOW, OPERATING IN THAT MANNER.
WE DIDN'T KNOW WE GOT APPROVED BY THEM, THEY HELPED US, ET CETERA.
UM, BUT AGAIN, JUST A, A LITTLE HISTORY, YOU KNOW, ON, ON OUR BUILDING.
AS, AS SHOWN IN THE PICTURES, OUR PROPERTY IS LOCATED AT THE CORNER OF I 37 AND COMMERCE STREET.
IT'S THE FIRST BUILDING TO THE RIGHT AS YOU ENTER INTO ST.
UM, IT'S THE ONLY BUILDING ON THE BLOCK FACE.
WE'RE SURROUNDED ACROSS THE STREET.
WE HAVE THE AIDEN HOTEL, THE, UH, CITY TRIBE CHURCH, ALIBI SPORTS BAR.
I DON'T KNOW IF Y'ALL ARE FAMILIAR WITH THE AREA, SOME OFFICES.
AND THEN EVERYTHING DOWN THAT STREET IS RESTAURANTS, YOU KNOW, AND BARS, UM, TO THE RIGHT OF US ACROSS THE STREET FROM SYCAMORE, SAME THING.
IT'S OFFICES AND
SO IT'S NOT A A NEIGHBORHOOD PER SE FOR RESIDENTIAL.
WE'RE REALLY THE ONLY RESIDENTIAL IN THERE.
UM, AND WHILE OUR BUILDING IS ZONED AS MIXED USE FOR BOTH COMMERCIAL AND RESIDENTIAL, ST.
PAUL SQUARE IS NOT A RESIDENTIAL AREA.
IT'S MORE OF A NIGHT SPOT FOR LOCALS AND TOURISTS.
AND THEY, WHEN THEY HAVE SPECIAL EVENTS, UH, CONCERTS, THEY FARMER'S MARKETS TAKING PLACE AT SUNSET STATION, AND WE'RE WITHIN WALKING DISTANCE TO THE ALAMO DOME.
THAT'S ONE OF THE ATTRACTIONS THAT WE'VE HAD FROM MANY OF OUR GUESTS, EITHER COMING FOR CONCERTS, FOR GAMES, UM, ALAMO BOWL, ET CETERA, NCAA, FINAL FOUR, ALL OF THAT.
AND THEN DOWNSTAIRS, AGAIN, THE APARTMENTS ARE UPSTAIRS, DOWNSTAIRS, THERE IS A TENANT, IT'S A PHYSICAL THERAPIST WHO'S BEEN THERE NOW FOR FIVE, FOR FOUR YEARS GOING ON, AND HE'S RENEWED HIS LEASE FOR ANOTHER FIVE.
UH, THE BUILDING ITSELF DATES BACK TO THE LATE 18 HUNDREDS.
THERE WERE SEVERAL BUSINESSES IN IT THROUGHOUT ITS HISTORY.
AT THE BEGINNING, BACK IN THE 18 HUNDREDS, IT WAS ACTUALLY A LIVERY WHERE THEY WOULD BRING THE HORSES TO DRINK WATER AND TAKE CARE OF THE HORSES, ET CETERA.
AT THAT POINT, IT WAS ALSO A, UM, LIKE A TRAVELING SALESMAN PLACE WHERE THEY HAD ROOM AND BOARDS, UM, FOR THE ONES COMING OFF OF SUNSET STATION, AND THEN AGAIN, THIS DIFFERENT BUSINESSES.
UP UNTIL THE LATE 1960S, IT HAD BEEN VACANT FOR OVER 30 YEARS.
WHEN MY FATHER DECIDED TO PURCHASE THE BUILDING IN 1997, MY FATHER WAS A LONGTIME RESIDENT OF SAN ANTONIO, A VISIONARY, A GO-GETTER, AND A GREAT BUSINESSMAN.
HE HAD SEVERAL BUSINESSES IN HIS LIFETIME AND WAS ALWAYS COMING UP WITH NEW IDEAS AND PLANS FOR NEW THINGS.
WHEN HE BOUGHT THE BUILDING, WE ALL THOUGHT IT WAS A LITTLE CRAZY, UH, BECAUSE IT WAS IN SUCH POOR CONDITION, BASICALLY ABANDONED.
AND HE WAS IN HIS LATE SEVENTIES AT THE TIME.
BUT HE SAID HE KNEW THAT SAN ANTONIO WOULD KEEP GROWING EAST AND THAT ST.
PAUL SQUARE WOULD BE A GOOD PLACE TO BE.
HIS DREAM WAS TO BUILD A BOUTIQUE HOTEL, AND THAT HIS CHILDREN, ALL NINE OF US WOULD PARTICIPATE IN THIS.
UM, AND MAKING IT BECOME A DREAM, OF COURSE, WITH ALL OF US LIVING IN DIFFERENT CITIES ALREADY INVOLVED AND BUSY WITH OUR OWN BUSINESSES, RAISING KIDS, ET CETERA.
UNFORTUNATELY, THIS WAS NOT GOING TO HAPPEN.
I'M GONNA, I, I HAVE TO TELL YOU, YOU REALLY GOTTA STAY ON POINT.
UM, MAINLY THE WHOLE POINT WAS JUST TO SAY THAT, YOU KNOW, WE TOOK THIS BUILDING THAT WAS ONCE DILAPIDATED, ABANDONED, REALLY, REALLY, REALLY IN BAD SHAPE AND TURNED IT INTO WHAT IT IS NOW.
UM, AGAIN, JUST LASTLY, THERE WAS NO ELECTRICITY, THERE WAS NO WATER, THERE WAS NO TRANSFORMER, THERE WAS NOTHING.
JUST HOLES IN THE ROOF AND ROTTED FLOORS.
SO WHEN WE DECIDED TO, MY HUSBAND SAID, WELL, WHY DON'T WE BUY IT? AND AGAIN, I THOUGHT IT WAS A LITTLE CRAZY BECAUSE I WAS LIKE, HAVE YOU SEEN IT? YOU KNOW, DO YOU KNOW WHAT'S INVOLVED? AND SO FORTH.
SO WE DID TAKE ON THE PROJECT, WE DECIDED TO GO AHEAD AND TAKE ON THE PROJECT, AND, AND WE TOOK IT IN STEPS.
IT TOOK US ABOUT FIVE YEARS, YOU KNOW, TO COMPLETE THE, THE RESTORATION.
AND WE DID RECEIVE A LITTLE BIT OF HELP FROM THE SAN ANTONIO GROWTH FOR THE EAST SIDE.
THEY WERE HAPPY TO SEE THAT THIS BUILDING WAS COMING UP AS WELL AS THE ST.
WE STILL HAVE THEIR BACKING TO CONTINUE DOING WHAT WE'RE DOING.
AND AGAIN, SAN ANTONIO FOR THE GROWTH FOR THE EAST SIDE IS ALSO, YOU KNOW, IN FAVOR OF US CONTINUING TO BE ABLE TO OPERATE.
[00:20:03]
NOW, YOU KNOW, AGAIN, IT TOOK A LOT OF SACRIFICE, ET CETERA, AND I KNOW, YOU KNOW, WE'RE HERE FOR, FOR THE REA OTHER REASONS, BUT I WILL SAY THAT WE FEEL THAT IT WAS WORTH IT, YOU KNOW, ALL IN ALL IT, AGAIN, IT TOOK FIVE YEARS FOR, FOR EVERYTHING TO TRANSPIRE.NOW, THE REASONS, I'LL GET TO THE POINT OF THE REASONS THAT THE CITY HAS, HAS SAYING THAT FOR DENIAL FIRST, FIRST, THAT HAVING TWO SDRS WOULD BE DETRIMENTAL TO THE HEALTH AND SAFETY OF THE OCCUPANTS OF THE SDRS.
AGAIN, IN THE, IN THE SIX YEARS THAT WE HAVE BEEN OPERATING THE SDRS, WHICH AGAIN PERMITTED BY THE CITY AND OVER 530 PLUS GUESTS THAT HAVE STAYED WITH US DURING THESE YEARS, WE'VE NEVER HAD AN ISSUE OF THIS SORT AT ALL.
UM, YOU KNOW, WE MAINTAIN EVERYTHING.
WE MAINTAIN, YOU KNOW, MAKE SURE THAT IT IS IN GOOD WORKING ORDER.
EVERYTHING WAS BRAND NEW TO BEGIN WITH.
ONCE WE FINISH THE REMODEL, AND WE DO HAVE A MAINTENANCE PERSON THAT GOES TO CHECK ON THE PROPERTY, IF THERE'S ANY ISSUES, THEY'RE IMMEDIATELY ADDRESSED.
BUT WE REALLY HAVEN'T HAD ANY ISSUES.
UH, WE MAINTAINED THE AC UM, AND EVERYTHING ELSE, YOU KNOW, THAT COULD BE THERE.
SO ONE THING THAT I WAS A LITTLE BIT CONFUSED ON IS, WAS THE FACT THAT, OKAY, IF IT WAS, IF THAT WAS THE REASON, THEN WHY WERE WE GIVEN THE OPTION ONCE THEY REALIZED THIS MISTAKE HAD HAPPENED TO APPLY FOR AN STR TWO ONE OR EVEN A TWO IF IT WAS AN ISSUE OF SAFETY? YOU KNOW, ALL OF YES ARE VETTED.
UM, AND AGAIN, WE DON'T REALLY HAVE ANY PROBLEMS. WE'VE NEVER HAD ANY COMMOTION, NO POLICE, NO NOTHING.
UM, SO GETTING BACK, YOU KNOW, WE DID DECIDE TO, TO APPLY, YOU KNOW, FOR THE S TIER ONE, THEN WE HAD THOSE ISSUES AND THEN NOW WE'RE HERE BEFORE YOU JUST, ALL RIGHT.
ASKING, I GOT SOME QUICK QUESTIONS.
SO FOR STAFF, DID THEY, IF SHE WERE TO GET AN, UH, A HOMESTEAD EXEMPTION, COULD SHE DO EVER GET AN STR ONE ON THIS AND NOT HAVE TO BE HERE? UM, YEAH.
SO A HOMESTEAD EXEMPTION WOULD BE ALLOWED AS PROOF OF RESIDENCY AND WOULD QUALIFY THEM FOR A TYPE ONE STR PERMIT.
HAVE, SO FOR THE APPLICANT, HAVE YOU, HAVE YOU, I KNOW YOU'VE TALKED TO, UH, BEAR APPRAISAL ABOUT GETTING A HOMESTEAD.
DID YOU ACTUALLY FILE THE PAPERWORK FOR A HOMESTEAD? YES, YES, I DID.
I FILED IT AND THAT'S WHEN THEY TOLD ME THAT THEY WOULD BE.
BUT YOU FILED IT IN TIME FOR THE DEADLINE, CORRECT? YES, IT WAS IN MID, UH, MID-AUGUST.
AND YOU'VE HAD NO COMPLAINTS, UH, NO CO COMPLIANCE ISSUES? NO.
UH, TO YOUR KNOWLEDGE, DO YOU OWE ANY HOT TAX ON THIS? NO.
DID THEY, CAN YOU VERIFY THAT SHE'S CURRENT ON HER HOT TAXES FOR BOTH UNITS? IS THERE ANY COMMISSIONER QUESTIONS? YES.
COMMISSIONER BARON, I BELIEVE YOU SAID THERE ARE THREE UNITS? YES, SIR.
IS THE THIRD ONE A LONG TERM RENTAL OR WHAT? THAT'S OUR PERSONAL RESIDENCE.
ANYONE ELSE? BON COMMISSIONER BON.
WHAT'S THE ZONING ON ON THE PROPERTY? D IT'S A ZONING D DOWNTOWN, DISTRICT DOWNTOWN.
SO WHAT'S KEEPING THEM FROM JUST OPERATING THIS AS A HOTEL SINCE THAT'S ALLOWED IN DOWNTOWN ZONING? IF YOU'RE GONNA IT YEAH.
IT DOESN'T HOLD A CFO AS A HOTEL.
IF YOU TRY TO, UH, MARKET IT AS A HOTEL, YOU'RE GONNA KICK IT INTO A WHOLE DIFFERENT CLASS OF BUILDING CODES, UM, WHICH COULD BE EXPENSIVE FOR A PROPERTY WITH ONLY THREE UNITS IN IT.
SO THAT'S EASIER FOR THEM TO GO THIS ROUTE.
AS OPPOSED TO DOING A CFO AND OPERATING AS A BOUTIQUE HOTEL? YES.
I, I DID, IF I MAY WANT TO SPEAK TO, UH, CHAIR ORION'S QUESTION.
ON THE HOMESTEAD EXEMPTION, IF THEY OBTAIN A HOMESTEAD EXEMPTION ON THIS PROPERTY, UH, THE EXISTING TYPE TWO STR THAT IS ASSIGNED IS GONNA HAVE TO BE REVISITED AS WELL.
BECAUSE IF YOU LIVE ON THE PROPERTY AS YOUR PRIMARY RESIDENCE, WE'RE TALKING ABOUT TYPE ONE PERMITS, NOT TYPE TWO PERMITS.
SO IT'S A LITTLE CHALLENGING IN THIS SITUATION.
I THINK THERE'S A HOMESTEAD CLAIMED IN THE STATE, OUTSIDE OF THE CITY, UH, THAT WOULD HAVE TO BE REMOVED FOR A HOMESTEAD TO BE PLACED ON THIS TRACK, BUT THEN WE WOULD HAVE TO GO BACK AND FIX THE OTHER PERMITS AS WELL.
SO FOLLOW UP ON THAT POINT THEN.
SO WOULD THEN, BOTH PROPERTIES THEN BECOME TYPE ONE RENTALS? SO, SO THE ONLY WAY YOU CAN HAVE TWO TYPE ONES IS IF YOU RENT OUT THE UNIT THAT YOU LIVE IN AND THEN OTHER UNITS ON THE SAME PROPERTY.
SO DEPENDING UPON THE RESIDENCY SITUATION AND WHAT'S BEING RENTED, WE WOULD HAVE TO ASSESS THAT AT THAT TIME.
I DIDN'T UNDERSTAND THAT POINT.
YOU DID, THEY WOULD'VE TO RENT THE ONE THEY LIVE IN? YES.
THE ONLY WAY ANY PROPERTY OWNER CAN EVER HAVE MORE THAN ONE TYPE ONE STR PERMIT
[00:25:01]
IS IF YOU RENT A PORTION OF THE UNIT THAT YOU PERSONALLY RESIDE IN.LIKE YOU RENT OUT A BEDROOM AND THEN YOU HAVE A SECOND TYPE ONE PERMIT FOR ANOTHER UNIT ON THE PROPERTY.
AND SO IF THEY OWN ALL THREE, THEN UM, THEY CAN'T HAVE A TYPE ONE AND A TYPE TWO AT THE SAME TIME.
IS THAT WHAT YOU'RE STATING AS WELL? IF YOU, THIS GETS REALLY COMPLICATED.
YOU, YOU COULD HAVE A TYPE ONE FOR THE UNIT YOU PERSONALLY RESIDE IN ONE ADDITIONAL TYPE ONE FOR THE SECOND UNIT.
ANYTHING IN EXCESS OF THAT WOULD BE CONSIDERED A TYPE TWO AND WOULD HAVE TO COMPLY BY THE DENSITY LIMITATIONS HOMESTEAD.
SO JUST TO CLARIFY, IF THEY, IF THEY PROVE HOMESTEAD, UH, AND GOT A TYPE ONE, THEY, THEY COULD GET IT ON TWO UNITS.
THE THIRD ONE WOULD HAVE TO BE A TYPE TWO, BUT ARE THEY ANY OBLIGATION TO ACTUALLY RENT OUT ONE OF THEIR BEDROOMS? THEY COULD OFFER IT, BUT THEY DON'T HAVE TO RENT IT OUT.
THEY, THEY WOULD NOT HAVE TO RENT IT OUT, NO.
WHAT THIS IS DIFFERENT MANNA COMMISSIONER MANNA.
SO THEN, UH, THE PROPERTY THAT YOU HAVE IN CORPUS, IS THAT BEING RENTED AT ALL OR IS THAT JUST ANOTHER HOME OR ANOTHER HOME THAT YOU LIVE IN WHEN YOU'RE IN CORPUS AND THEN YES, THAT'S JUST OUR HOME.
SO, SO YOU CAN ONLY HAVE ONE HOMESTEAD.
AND THEN FOR, UM, AND THIS, I DON'T KNOW WITH REGARDS TO WHEN YOU APPLY FOR HOMESTEAD, CAN YOU APPLY FOR A HOMESTEAD BID YEAR AND THEN HAVE IT CHANGED? OR, OR IS IT ONLY, UM, ON THE TAX SEASON THAT YOU DO THE HOMESTEADING? THAT IS AN INTERESTING QUESTION, BUT I THINK THAT IF, IF THEY FILE, IF THEY FILED PAPERWORK TO REMOVE A HOMESTEAD AND THEN THEY FILED ANOTHER ONE HERE, THEY, THEY ONLY GET IT.
DO THEY DO PARTIAL HOMESTEAD EXEMPTIONS? IT'S, IT'S YEAR BY YEAR, CORRECT? UH, IT TENDS TO BE YEAR BY YEAR.
SO WE HAVE HAD APPLICANTS IN THE PAST APPLY FOR A TYPE ONE.
WE SEE A HOMESTEAD EXEMPTION ON THE BEXAR COUNTY RECORD.
THEY COME IN THREE YEARS LATER TO RENEW AND THE HOMESTEAD EXEMPTION IS GONE.
AND WE DISCOVER THAT THEY EFFECTIVELY HAD INHERITED THE HOMESTEAD EXEMPTION FROM THE PREVIOUS OWNER, BUT DIDN'T SUBMIT THE SUBSEQUENT PAPERWORK TO RETAIN THE HOMESTEAD EXEMPTION.
THE OTHER THING THAT BCA WILL DO IS THEY WILL REDUCE YOUR HOMESTEAD EXEMPTION BY THE PERCENTAGE OF YOUR HOMESTEAD THAT YOU RENT OUT TO GENERATE INCOME.
SO DO YOU HAVE ANY DOCUMENTATION WHERE YOU REMOVED THE HOMESTEAD IN CORPUS? NOT ON ME.
I HAD, UM, ONE IN MY EMAIL, BUT IT'S BEEN BACK IN, THAT WAS THE BEGINNING ABOUT MID AUGUST.
'CAUSE I APPLIED TO DO THAT ON THE FIRST OF, OF AUGUST.
AND AT THAT POINT SHE SAYS, OH, WE'RE DOING A CHANGE IN OUR SYSTEM, SO IT MAY TAKE 10 DAYS TO TWO WEEKS.
BUT I DID GET AN EMAIL STATING, OKAY, WE'VE REMOVED THE HOMESTEAD AND THAT WAS THE ONLY WAY THAT I COULD GO TO SAN ANTONIO.
'CAUSE THEN THEY LOOK IT UP TO SEE IF YOU HAVE ANY HOMESTEADS ANYWHERE.
SO WHAT I'M GETTING FROM THIS IS, IS THAT IF THIS, IF IF WE APPROVE THIS AND THEY CAN MOVE ON AND DO THEIR BUSINESS, IF WE DON'T APPROVE IT, THEN SHE REALLY NEEDS TO GET SERIOUS ABOUT THIS HOMESTEAD EXEMPTION AND GET AND DO THE OTHER ALTERNATIVE, WHICH IS TWO TYPE ONES AND A TYPE TWO.
UM, SO THAT'S, I THINK THAT'S WHAT, UH, WE'RE FACED WITH TODAY.
SO WITH THAT, IS THERE ANY OTHER QUESTIONS? CHAIR? I, I JUST WANT SOME CLARIFICATION.
UM, SO IT SOUNDS TO ME, REGARDLESS THEY'RE GOING TO HAVE TO COME BACK FOR A VARIANCE, EVEN IF THEY HAVE AN STR ONE.
AND, AND TO ME IT'S KIND OF RIDICULOUS THAT YOU HAVE TO LIVE AND YOU HAVE TO RENT A ROOM.
AND THAT'S, TO ME, IT'S JUST RIDICULOUS.
BUT, UM, I ALSO JUST WANNA SAY THAT THIS PROPERTY IS WITHIN A COMMERCIAL AREA, UH, WITH A HOTEL RIGHT ACROSS THE STREET.
UM, IT, GRANTED DIGNITY IS OPPOSING IT, BUT, BUT, UM, IT, IT IS OUTSIDE THE 200 FEET.
UM, AND I WOULD RATHER THEY GET THE VARIANCE TO HAVE ANOTHER STR EVEN THOUGH IT GOES OVER THE PERCENTAGE, RIGHT.
AND IF YOU GET YOUR HOMESTEAD, THEN YOU CAN MM-HMM
BALANCE IT OUT AND SEE IS IT WORTH TRYING TO GET ANOTHER, GOING DOWN THAT ROUTE? BECAUSE IT SOUNDS VERY COMPLICATED TO ME.
YOU KNOW, AND, AND THERE'S TOO MANY IFS.
I, I COMPLETELY AGREE WITH YOU.
I THINK THAT, UM, IF WE, IF WE MOVE ON, IF WE GRANT THE TYPE TWO, IF THEY EVER SELL IT, THEY LOSE IT.
THEY HAVE TO COME BACK EVERY THREE YEARS.
AND THE WORST THING THAT'S GONNA HAPPEN IS THEY HAVE TO GET THEIR HOMESTEAD EXEMPTIONS IN PLACE AND THEN THEY CAN DO WHAT THEY'RE DOING ANYWAY.
SO, MANAGER STEVENS, UH, LADIES AND GENTLEMEN, IF I CAN HAVE A BOARD, PLEASE HOLD ON A SECOND.
UM, I'M, I'M CURIOUS WHY, WHY NOT RENT IT OUT AS A LONG-TERM RENTAL? I KNOW YOU MADE A COMMENT.
IT'S NOT A RESIDENTIAL AREA, IT IS A RESIDENTIAL AREA.
[00:30:01]
A LOT OF PEOPLE LIVE THERE.YOU HAVE A HOTEL ACROSS THE STREET, ONE BEHIND YOU, THE STAYBRIDGE BOTH HAVE PLENTY OF VACANCY.
UM, I WOULD SAY THAT THE SENSE THAT THERE'S NO RESIDENCE THERE IS BECAUSE THE HOUSING STOCK HAS BEEN ERODED BY PROPERTIES THAT ARE TURNING INTO AIRBNBS.
SO CAN YOU SPEAK TO THAT? YES.
PART OF THE REASON AS WELL WAS BECAUSE, YOU KNOW, BEING ABLE TO ALSO USE THE PROPERTY, LIKE FOR, FOR FAMILY ON SPECIAL OCCASIONS, GATHERINGS AND SO FORTH, A LONG-TERM RENTAL WOULD NOT, YOU KNOW, ALLOW FOR THAT.
UM, THIS PAST YEAR, YOU KNOW, BECAUSE THE BALCONY IS RIGHT IN FRONT OF THE ALAMO, THE HEMISPHERE, YOU KNOW, WE GOT TOGETHER, WE'RE ALL ABLE TO STAY, ENJOY IT, YOU KNOW, COMING IN FROM DIFFERENT CITIES.
BUT THE OTHER THING IS, UM, BECAUSE THERE ARE APARTMENTS, THERE'S THE BALDWIN, WHICH IS THE CLOSEST TO US, AND THEN THE BID, WHICH I KNOW THEY BOTH HAVE VACANCY.
UM, AND THEN THE IN ADDITION, YOU KNOW, HAVING A SET RATE, JUST THAT'S IT, YOU KNOW, OUR TAXES AGAIN, ARE, ARE, ARE REALLY HIGH, SIGNIFICANTLY HIGH IN MY OPINION, YOU KNOW, 22,000 PLUS THE MAINTENANCE, AND WE PAY A LANDSCAPER TO COME AND CUT THE GRASS, SOMEBODY TO CLEAN THE PARKING LOT AND JUST THE OVERALL MAINTENANCE.
THIS, IT WOULD CREATE LIKE A HARDSHIP IF WE'RE LIKE, OKAY, YOU CAN ONLY RENT IT FOR X AMOUNT.
I MEAN, YOU KNOW, AND, AND IT'S, AND IT'S SOME, NOT SOMETHING THAT WE'RE TRYING TO GET RICH OFF OF EITHER.
THERE'S SOME MONTHS THAT WE DO BETTER THAN OTHERS.
THERE'S SOME TIMES WHERE WE'RE JUST TAKING A LOSS FOR THE MONTH AND ONLY MEETING WHAT OUR TAXES ARE.
IS THERE COMMISSIONER BEN? SO I THINK, UM, IN THIS CASE, THERE'S DEFINITELY SPECIAL CIRCUMSTANCES.
THE BO THIS IS THE ONLY BUILDING ON THE BLOCKS.
SO, AND YOU KNOW, IN THE, IN OTHER CASES WE'VE HAD 10 TO 20 HOUSES ON THE BLOCK.
THIS, IN THIS CASE IT'S ONLY THE THREE.
AND WE HAVE, WE HAVE GRANTED, UM, SPECIAL EXCEPTIONS FOR CASES THAT THE HOUSES, UM, HAVE BEEN ISOLATED.
SO, UM, YEAH, I'M, I I I THINK THAT THIS IS ONE THAT WE NEED TO TAKE INTO CONSIDERATION.
THERE ARE ONLY THREE, IT'S THE ONLY BUILDING ON THE, ON THIS BLOCK THAT THEY'RE COUNTING.
ANYONE ELSE? MR. UNA? YEAH, JUST MY COMMENT HERE IS THAT, YOU KNOW, IT MAKES SENSE.
THE EASIEST PATH FORWARD TO ME IS THE TYPE TWO VERSUS TRYING TO ORCHESTRATE SOME, YOU KNOW, TYPE ONE WITH, YOU KNOW, HOMESTEAD, NOT HOMESTEAD AND NOT RENTING A BEDROOM OUT.
THE CLEANEST TO ME, AND, AND I CONCUR WITH MY COLLEAGUE HERE ABOUT THIS BEING THE ONLY UNIT ON THE BLOCK FACE AND IT IS A COMMERCIAL NEIGHBORHOOD AND I THINK, UH, THE APPLICANT PROVIDED TO ME DEMONSTRATABLE REASONS WHY THEY WANTED A SHORT TERM RENTAL.
IS THERE ANY PUBLIC COMMENT ON THIS? YES, WE GOT ON VOICEMAILS AS SEE VOICEMAIL SIX TOTAL.
I DON'T THINK WE NEED TO SEE ANY FURTHER.
CAN I? THEY, THEY'RE GONNA LISTEN TO THE VOICEMAILS.
I'M THOMAS, GENERAL PARTNER AND OWNER OF, UM, MOST OF ST.
I'M CALLING ON BEHALF OF SANDRA AND MARIO SERRANO, UH, CASE NUMBER BOA 2 5 1 0 3 0 0 2 1 7.
I'M CALLING IN SUPPORT OF THEIR AIRBNB, UM, UNITS, UM, AT ST.
I THINK IT IS THE APPROPRIATE USE FOR THE SECOND FLOOR OF THEIR BUILDING.
AND GIVEN THE ISOLATION OF THE BUILDING AND LACK OF RESIDENTIAL REAL ESTATE IN ITS SURROUNDINGS, I THINK IT'S THE APPROPRIATE USE.
I JUST WANTED TO PROVIDE MY SUPPORT, UM, ON THEIR BEHALF.
MY NUMBER'S 2 1 0 2 4 0 3 8 6 9.
IF YOU WOULD LIKE TO HAVE A CONVERSATION.
AGAIN, MY NAME'S DONNA THOMAS AND I'M THE MANAGING PARTNER OF, UM, 67% OF THE THE PROPERTIES AT ST.
HELLO, MY NAME IS EDWIN AND I'M THE OWNER OF POSITIVE ACTION REHAB AND PERFORMANCE, UH, AT 1120 EAST COMMERCE SUITE 1 0 2.
UH, THE CASE NUMBER I AM CALLING ABOUT IS BOA 2 5 1 0 3 0 0 0 2 1 7.
AND I'M CALLING IN SUPPORT OF THE AIRBNB UPSTAIRS.
[00:35:01]
MARIO AND SANDRA ARE OUR LANDLORDS AND THEY HAVE BEEN GREAT, UM, GREAT LANDLORDS IN THE AREA, UH, GREAT PEOPLE AND WE SUPPORT FOR THE, UM, THE AIRBNB IN, IN THIS LOCATION.THANK YOU VERY MUCH AND HAVE A GREAT DAY.
POWELL, I OWN THE POWELL LAW FIRM BUILDING AT 1148 EAST COMMERCE STREET IN SAN ANTONIO, TEXAS IN ST.
I'M CALLING ON BEHALF OF, UH, MARIO AND SANTA TORONTO WHO ARE LOCATED ABOUT A BLOCK AWAY FROM ME AT 1120 EAST COMMERCE STREET.
IT'S CASE NUMBER BO A 25 DASH 3 0 0 2 7.
I UNDERSTAND THEY OPERATE A, UH, AN AIRBNB, UH, IN THEIR BUILDING AND UM, THEY'RE GOING TO BE GOING BEFORE THE BOARD OF ADJUSTMENTS AND I JUST WANTED TO LET YOU KNOW THAT I'M IN FAVOR OF THEIR, UH, BEING ABLE TO CONTINUE TO OPERATE THEIR AIRBNB.
SO ANYWAY, THANK YOU VERY MUCH TOO.
I CAN BE REACHED AT 2 1 0 3 3 6 0 3 3 OH.
AGAIN, I'M IN FAVOR OF THEIR, OF BEING ABLE TO CONTINUE TO HAVE AIRBNB.
HELLO, THIS IS THOMAS HOGAN SPEAKING.
UH, OUR ADDRESS, WE HAVE ACTUALLY THREE DIFFERENT BUSINESSES IN THE SAN POST SQUARE AREA.
UH, ONE IS FOR KITCHEN AND BAR AT 1142 EAST COMMERCE, UH, BLOOMBERG'S PIZZA BAR AT 11 SIX EAST COMMERCE AND ALSO
UM, I AM CALLING IN SUPPORT OF MARIO RAMOS CASE AGAINST HIS AIRBNB UNITS.
UH, CASE NUMBER 2 5 1 0 3 0 0 2 1 7.
UH, ADDRESS 1120 EAST COMMERCE UNIT 2 0 2.
UM, AGAIN, UH, JUST WANT TO STATE, STATE MIGHT SUPPORT FOR MARI TO KEEP TWO AIRBNB UNITS IN THE AREA.
UM, I THINK THEY REALLY HELP OUT WHEN PEOPLE ARE LOOKING FOR PLACES TO STAY AND DO NOT WANT TO STAY AT A HOTEL.
THERE ARE NOT MANY AIRBNB UNITS IN THE AREA.
UM, IF YOU CROSS TO THE EAST SIDE, THEY MIGHT BE, BUT RIGHT AT EXAMPLE SQUARE, I THINK THOSE ARE PRETTY MUCH THE ONLY UNITS THERE.
SO HAVING THREE BUSINESSES THERE, IT SUPPORTS BUSINESS AS WELL, HAVING THOSE UNITS THERE SO PEOPLE CAN STAY.
AND MOST
THEY COME TO OUR BUSINESSES AND SUPPORT AND SPEND MONEY WITH US.
UM, SO AGAIN, JUST WANNA SHOW MY SUPPORT.
AND I, UH, I AM WITH MADISON I TO KEEP TWO AIRBNB UNITS.
ANY MORE QUESTIONS OR ANYTHING ABOUT ME, PLEASE GIVE A CALL.
AGAIN, THOMAS HOGAN, OWNER OF THREE BUSINESS, THE SQUARE AREA RIGHT NEXT TO
AND I, AGAIN, MY PHONE NUMBER'S (210) 739-5318.
THANK CALL IF YOU NEED ANY MORE INFORMATION.
NAME IS LULU FRANCOIS, CHAIRWOMAN OF THE DIGNITY HILL HISTORIC NEIGHBORHOOD REVIEW COMMITTEE CALLING IN ON CASE NUMBER 2 1 7 11 20 EAST COMMERCE.
WE AGREE WITH STAFF'S RECOMMENDATION FOR DENIAL OF ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THIS BLOCK BASE.
LENIENCY WITH ADDED STR ON A BLOCK BASE SIMPLY OPENS UP THESE CASES FOR OTHER APPLICANTS TO USE, AS AN EXAMPLE, CAUSING ADDITIONAL WORK FOR EVERYONE.
THE CITY OF SAN ANTONIO STR GUIDELINES SHOULD BE ADHERED TO FOR PREVENTION OF ADDITIONAL ASK THAT ARE OUT OF COMPLIANCE.
HELLO, MY NAME IS VICTOR TORRES.
I'M AT 1 2 3 HOPKINS AVENUE, SAN 21, TEXAS SEVEN EIGHT TWO ZERO FIVE.
TELEPHONE NUMBER (210) 569-4627.
CASE NUMBER B AS IN BRAVO, O AS OCTOBER, A AS IN ALPHA 2, 5 1, 0 5, 3, 2, 1, 7.
CASE NUMBER B AS IN BRAVO, O AS IN OCTOBER, A AS IN ALPHA 2, 5 1 5, 3, 2, 1 7.
I'M IN FAVOR OF HAVING THE AIRBNB IN OUR AREA IN THE SAFE QUA AREA.
I THINK IT'S NOT ONLY IMPORTANT TO SHOW THAT THE AREA IS SAFE FOR AIRBNB, BUT ALSO IT, UH, ALLOWS FRIENDLY COMPETITION BETWEEN THE TWO OTHER HOTELS, BUT ALSO THAT'S ALSO A NICE, UH, ENVIRONMENT FOR THEM TO BE IN.
SHOW THAT THE SOUTH STATE POSSIBLE AREA IS GROWING, IT'S A REVENUE FOR THE EAST SIDE AS WELL.
IT'S A PROMOTION FOR THE EAST SIDE, UH, AND THEY RUN A VERY TIGHT SHIP.
AND I THINK THAT'S SOMETHING THAT WE SHOULD JUST LEAVE ALONE AND
[00:40:01]
CONTINUE TO HAVE THE AIRBNB, BOTH AIRBNBS IN THE AREA.UH, PLEASE TAKE THING CONSIDERATION AND PLEASE, UH, DO NOT REVOKE THE, UH, LICENSE FOR THE AIRBNBS AND ALLOW THEM TO STAY IN THE ST.
I THINK IT'S A GREAT IDEA TO HAVE IN THERE.
AND THEY'VE BEEN VERY FRIENDLY NEIGHBORS AND THEY'VE BEEN VERY GOOD NEIGHBORS AND I THINK THAT IT'S SOMETHING THAT WE SHOULD JUST, UH, LETSAND AS IS.
THAT CONCLUDES THE VOICEMAILS.
IS THERE ANYONE SIGNED UP IN PERSON? NOBODY HONOR TO SPEAK ALL.
ANY LAST QUESTIONS FROM THE COMMISSION? ALL RIGHT, I'M LOOKING FOR A MOTION BEES COMMISSIONER BEES REGARDING CASE NUMBER BO OA 2 5 1 0 3 0 0 2 1 7.
I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 1120 EAST COMMERCE STREET, UNIT 2 0 2, APPLICANT BEING SANDRA SERANO.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE 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 COULD 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 CREATE, WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSISTS OF COMMERCIAL STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL, DE ADEQUATE UTILITIES ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY DOES NOT, DOES PROVIDE OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSE.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSE CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS.
F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO COMMERCIAL USES WITHIN THE PROPERTY OWNER, WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND OF MOTION.
IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER ZUNA? COMMISSIONER BEES, I'M GONNA BE IN FAVOR OF, OF THIS.
I I THINK THAT SHE HAS ENOUGH SUPPORT WITH THE COMMUNITY AND THERE ARE DEFINITELY, UM, EXCEPTIONS BECAUSE OF THE, THE, UM, THE LOCATION OF THIS BUILDING.
THANK YOU COMMISSIONER UNA? YEAH, I'LL BE IN SUPPORT AS WELL.
I MEAN, THE C THE APPLICANT PROVIDED TESTIMONY, THE CITY PROVIDED TESTIMONY THAT THEY'VE BEEN OPERATING USE, UH, THE USE AS A, AS A SHORT TERM RENTAL FOR SIX YEARS.
THEY'RE CURRENT ON THE HOT TAXES.
THERE IS NO, UM, NO CASES AGAINST THEM.
THERE'S NO REPORTS, UH, UH, ON THEIR OPERATIONS.
THEY OCCUPY ONE OF THE UNITS, WHICH IS, YOU KNOW, TO ME, UH, THEY CAN, THEY CAN BE ON THE SPOT IF THERE'S ANY ISSUES THERE.
UM, IT'S REVENUE FOR THE CITY WITH THE HOT TAXES.
THE SUPPORT IS OVERWHELMING FROM THE COMMUNITY I SUPPORTING.
ANYONE ELSE LIKE TO ADD? YEAH, I WOULD JUST ADD THAT COMMISSIONER BAR.
THIS IS OBVIOUSLY NOT A SINGLE FAMILY NEIGHBORHOOD BY ANY STRETCH OF THE IMAGINATION, WHICH IS WHAT THE SHORT TERM RENTAL ORDINANCE IS DESIGNED TO PROTECT AND I THINK IT'S PERFECTLY APPROPRIATE IN YOUR CASE.
SO I WILL SUPPORT YOUR, YOUR APPLICATION.
ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD MANNA? COMMISSIONER MANNA? SO, UM, SO MY ONLY POINT WOULD BE THAT, UM, YOU KNOW, THREE YEARS FROM NOW, I THINK MAKING THE EFFORT TO MOVE IT TO THE TYPE ONE AND, AND THAT WAY, UH, IT DOESN'T COME BACK BECAUSE IT'S KIND OF GONE THROUGH THAT, THAT AVENUE.
UM, 'CAUSE IN THREE YEARS FROM NOW, IF I HAPPEN TO BE SITTING HERE, I MAY FEEL DIFFERENTLY.
UM, YOU KNOW, IF IT, IF IT'S STILL, UH, YOU KNOW WHERE IT IS RIGHT NOW.
ANYONE ELSE? DEAN, COMMISSIONER, DEAN? I DON'T SEE, UM, REGARDING THE HOMESTEAD AND YOU'RE HAVING THAT PATH FORWARD WITH THAT, I THINK THAT'S REALLY THE, THE WAY YOU NEED TO PROCEED, UM, SINCE YOU HAVE THAT BY.
[00:45:01]
RIGHT.UM, SO I DON'T SEE ENOUGH MERIT HERE, SO I WON'T BE SUPPORT BECAUSE YOU HAVE THAT WAY.
I DIDN'T SEE ANY EVIDENCE REGARDING THE OASIS COUNTY, UH, WHICH YOU TESTIFIED YOU DIDN'T HAVE.
SO, UM, THAT'S WHERE I'M AT WITH THIS AND I WON'T BE IN SUPPORT OVER, UH, BE COMMISSIONER, BENAVIDEZ COMMISSIONER, UM, DEAN, BUT SHE DOES HAVE AN EMAIL.
I MEAN, IF SHE WERE TO PROVIDE YOU THE EMAIL, WOULD THAT CONFIRMING FROM THE NOA COUNTY THAT IT WAS REMOVED BACK IN, IN, IN AUGUST THAT YOU HAVE THAT I CAN DO MY COMPUTER'S NOT LIKE CONNECTED TO THE WIFI, BUT I CAN PROVIDE THAT BECAUSE I DO HAVE THE EMAIL WHERE IT SAID IT WAS, YOU KNOW, REMOVED.
AND AGAIN, THAT WAS THE ONLY WAY HERE IN BE COUNTY, THEY LOOKED IT UP.
WE, WE WE'RE, WE'RE, WE'LL SEE HOW THE VOTE TURNS OUT.
IT WE'RE BEYOND THE PUBLIC HEARING AT THIS TIME.
IF THERE'S NO ONE ELSE, THIS HAVE A ROLL CALL VOTE.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, MOTION PASSES NINE TO TWO IF, UH, YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, BUT CONGRATULATIONS.
UH, IS THE APPLICANT FOR ITEM TWO FOR SAN PEDRO PRESENT WITH US TODAY? YES.
UH, THE APPLICANT WOULD LIKE TO REQUEST A CONTINUANCE, UM, IF MECO, DO WE NEED TO JUST READ THAT IN FOR A CONTINUANCE? I THINK WE ALSO HAVE A VOICE.
IS THERE A VOICEMAIL ON THAT ONE? THERE WAS ONE VOICEMAIL.
UM, SO LEMME READ IT IN AND THEN WE'LL PLACE THE, UH, VOICEMAIL, UH, BO 8 25 1 0 3 0 0 180 5, REQUEST BY GEORGE RODRIGUEZ FOR, UH, 59.75 SQUARE FOOT VARIANCE FROM THE NCD TWO FREE STANDING SIGN.
MAXIMUM 12 POINT 25 SQUARE FEET TO ALLOW A 72 SQUARE FOOT, UH, FREESTANDING SIGN AND 10 FOOT VARIANCE FROM THE NCD TWO FREESTANDING HEIGHT LIMITATION TO FOR A MAXIMUM EIGHT FEET TO ALLOW AN 18 FOOT FREESTANDING SIGN LOCATED AT 2119 SAN PEDRO STAFF.
RECOMMENDED DENIAL IN DISTRICT ONE.
DECEMBER 1ST WOULD BE THE REQUEST.
AND, UH, WILL I PLEASE THE VOICEMAIL? 8 1 7 WEST MAGNOLIA AVENUE ON BEHALF OF THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION REGARDING CASE NUMBER ENDING IN 1 8 5.
DEAR BOARD OF ADJUSTMENT, MEMBER BEACON HILL AREA NEIGHBORHOOD ASSOCIATION DOES NOT SUPPORT THE VARIANCE REQUESTS FOR SIZE AND HEIGHT FROM THE NNC D TWO AND THE UDC STANDARDS FOR A FREESTANDING SIGN AT 2 1 1 9 SAN PEDRO AVENUE.
ONE A VARIANCE FROM THE NC D TWO FREESTANDING SIGN, MAXIMUM SIZE OF 12.25 SQUARE FEET TO ALLOW A 59.75 FOOT FREESTANDING SIGN, AND TO A VARIANCE FROM THE NCD TWO FREESTANDING SIGN, MAXIMUM HEIGHT OF 10 FEET TO ALLOW AN 18 FOOT TALL FREESTANDING SIGN.
IT IS THE POLICY OF BEACON HILL TO SUPPORT ITS NEIGHBOR'S DECISIONS REGARDING VARIANCE REQUESTS, AND IN THIS CASE IT IS PARTICULARLY IMPORTANT.
WE ALSO SUPPORT STAFF'S RECOMMENDATION FOR DENIAL.
A SIGN OF THE REQUESTED SIZE WOULD BE CONTRARY TO THE PRESERVATION OF THE EXISTING CHARACTER OF THE NEIGHBORHOOD AND THE CORRIDOR.
EVEN THOUGH THE PROPERTY IS LOCATED IN A COMMERCIAL AREA OF ALTA VISTA AND MONTE VISTA, IT IS SURROUNDED BY SINGLE FAMILY RESIDENTS AND MULTI-FAMILY RESIDENTS WHO WOULD SUDDENLY FIND THE LOOK OF THIS CORNER FUNDAMENTALLY CHANGED BY A MUCH LARGER SIGN THAN ALLOWED.
WE ALSO FEAR THAT THE APPROVAL OF THIS LARGER SIGN COULD SET PRECEDENT.
WE COULD ALSO ARGUE THAT A GOOGLE SEARCH FOR A BUSINESS WOULD MORE LIKELY TO DIRECT CLIENT TRAFFIC THAN SUCH A LARGE SIGN BEACON.
[00:50:01]
HE'LL RESPECTFULLY REQUEST THAT THE BOARD OF ADJUSTMENTS NOT APPROVE THE APPLICANT'S REQUEST FOR VARIANCES FOR HEIGHT RESTRICTIONS AND SIZE.ALRIGHT, SO WE'RE IS, IS THERE A COMMISSIONER? I'D LIKE TO MAKE A MOTION, UH, TO CONTINUE THIS TO DECEMBER 1ST.
ALL RIGHT, IS THERE A SECOND? SECOND.
DECEMBER 1ST, ITEM NUMBER FOUR.
SO, SO ONE THING TO CONSIDER, UM, IS, IS IS CERTAINLY GETTING WITH THE NEIGHBORHOOD ASSOCIATIONS.
OKAY? SO, SO WORK WITH THEM, UM, YOU KNOW, GET THEIR SUPPORT THAT WOULD BE IMPORTANT.
ALL ITEM NUMBER FOUR IS BO OA DASH 25 DASH 1 0 3 0 0 2 0 2.
ADDRESS AT 9 7 4 4 COLLIBRA ROAD IN CONSUL DISTRICT SIX.
THE APPLICANT IS PARKED IN RECREATION DEPARTMENT CITY OF SAN ANTONIO, A REQUEST FOR A 12 FOOT VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A THREE FOOT LANDSCAPE BUFFER ALONG COLLIBRA ROAD.
THE SUBJECT PROPERTY IS GENERALLY LOCATED EAST OF WEST LOOP, 1604 NORTH ALONG THE SOUTH OF COLLIBRA ROAD.
THE PROPERTY COMPRISES APPROXIMATELY 43.614 ACRES OF VACANT LAND LOCATED IN A FEMA DESIGNATED FLOODPLAIN.
THE CITY OF SAN ANTONIO PARKS AND RECREATION DEPARTMENT PROPOSES TO DEVELOP THE SITE AS A NEW PARK AND PAVED TRAILHEAD INCORPORATED IN TYPICAL PARK AMENITIES.
THE USABLE AREA OF THE PROPERTY LOCATED OUTSIDE THE FLOODPLAIN WILL BE UTILIZED FOR THE PARKING LOT AT AMENITIES.
HOWEVER, THE UNIFIED DEVELOPMENT CODE REQUIRES A MINIMUM 15 FOOT LANDSCAPE BUFFER ALONG COLLIBRA ROAD.
COMPLYING WITH THIS BUFFER REQUIREMENT WOULD SIGNIFICANTLY LIMIT THE DEVELOPABLE AREA OF THE PROPERTY.
AS SUCH, THE APPLICANT IS REQUESTING A REDUCTION OF THE LANDSCAPE BUFFER TO THREE FEET, WHILE STILL ACCOMMODATING TREES AND SHRUBS WITHIN THE REDUCED BUFFER AREA.
TO SUPPORT THE PROPOSED DEVELOPMENT, THIS IS A SITE PLAN AS SUBMITTED BY THE APPLICANT AND AN AERIAL VIEW OF THE FRONTAGE AREA ALONG COLLIBRA ROAD AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE LANDSCAPE BUFFER REDUCTION IS APPROVAL IN BOA DASH 25 DASH 1 0 3 0 0 2 0 2.
BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IT OCCUPIES A SIGNIFICANT FRONTAGE OF VACANT LAND ALONG COLLIBRA ROAD.
AND TWO, THE REQUESTED VARIANCE WOULD NOT COMPROMISE PEDESTRIAN OR TRAFFIC SAFETY BY MAINTAINING SUFFICIENT SEPARATION AND SCREENING FROM COLLIBRA ROAD.
WE RECEIVED ZERO IN FAVOR AND ZERO IN OPPOSITION.
NO RESPONSE FROM THE WESTOVER VALLEY HOMEOWNER ASSOCIATION, BUT WE DID RECEIVE SUPPORT FROM THE RESERVE AT COLLIBRA CREEK HOMEOWNERS ASSOCIATION.
AND THIS CONCLUDES STAFF'S PRESENTATION.
ALL RIGHT, SO THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
HI, UH, RAYMOND AGUILAR WITH MP STUDIO LANDSCAPE ARCHITECTURE, UM, PRESIDENT, ALSO WITH LOA CARTER WITH, UH, BAY MEDINA BAIN, UH, CIVIL ENGINEERING FIRM.
WE'RE THE DESIGN TEAM ON THE PROJECT AND UH, WHAT WE HAVE IN OUR SCOPE OF THE PROJECT WAS THE TRAILHEAD DESIGN, WHICH, UH, THE SITE PLAN DID A PRETTY GOOD JOB OF SHOWING HOW WE ARE, UH, NESTLED RIGHT UP AGAINST THE FLOODPLAIN IN THIS PROPERTY.
UH, WHICH AFTERWARDS WOULD SUB, WOULD DROP A PRETTY SUBSTANTIAL AMOUNT OF 20 TO 30 FEET, UH, IN GRADE.
AND SO WE REALLY WERE LIMITED BY THE AMOUNT THAT WE COULD PROVIDE.
UM, THE LANDSCAPE DESIGN DOES PROVIDE THE BUFFER STILL AND KEEPING THE TOTAL AMOUNTS OF TREES AND SHRUBS THAT WOULD BE REQUIRED FOR THE TYPE A THAT'S REQUIRED.
UM, AND THE SQUARE FOOTAGE AS WELL.
JUST NOT SO MUCH SPREAD ALONG THE FRONTAGE, BUT ALONG THE SIDES OF THE PARKING LOT WHERE THERE IS SPACE AVAILABLE TO CONNECT TO COLLAB ROAD, UM, ELSEWHERE.
UH, WE DID PRESERVE A LOT OF THE EXISTING TREES ON SITE, UM, AS A STANDARD FOR ALL SHADY TRAIL PROJECTS AND, AND, UH, LIMITED OUR, OUR ENVIRONMENTAL DISTURBANCE AREA TO THE TRAIL HEAD ITSELF.
SO I ASSUME YOU HAVE A BUNCH OF LANDSCAPING ON THIS PIECE OF LAND.
UH, ANY QUESTIONS FROM THE COMMISSION? JUST CLARIFY THAT COMMISSIONER, UH, GIVEN THAT IT'S A CITY ENTITY, RIGHT, THEY DON'T NECESSARILY NEED TO COMPLY WITH, OR DO THEY, THEY'RE NOT EXEMPT FROM THIS SECTION OF CODE.
THEY'RE EXEMPT FROM, UH, ARTICLE OR, UH, PLAING ARTICLE THREE, BUT NOT PLATING, BUT NOT FORM THE LANDSCAPING.
[00:55:01]
BUT NOT, UH, UNDERSTOOD LANDSCAPING.I'M LOOKING FOR A MOTION WE DO HAVE.
SO THEODORE, IS THAT SOMEBODY SIGN UP TO SPEAK SOME? I APOLOGIZE.
UH, LET'S HAVE THE SPEAKER COME UP.
STATE YOUR NAME AND TELL US YOUR THOUGHTS.
I'M A RESIDENT ON DEER TAIL CREEK, WHICH RUNS ALONG CBRA.
UH, SO I'M AN OFFICE AT THIS, SO FORGIVE ME IF I SPEAK.
I ALSO WANNA STATE FOR THE RECORD THAT HAVING THIS, UM, HEARING WEEKDAY AFTERNOON HIGHLY INCONVENIENT FOR RESIDENTS, WHICH IS WHY I'M PROBABLY THE ONLY ONE HERE.
LUCKILY, I HAVE A FLEX SCHEDULE WHERE I'M ABLE TO GO BACK TO WORK.
I DON'T KNOW IF THAT'S TAKING INTO CONSIDERATION OR IF THAT WILL FALL ON DEAF EARS.
I KNOW OBVIOUSLY IT'S CONVENIENT FOR THE BOARD MEMBERS TO JUST COME ON DOWN FROM WHEREVER YOUR OFFICE IS LOCATED, BUT IT'S HIGHLY INCONVENIENT TO DRIVE DOWN HERE ON A FRIDAY AFTERNOON DOWNTOWN TO ATTEND A MEETING SUCH AS THIS WHEN IT IMPACTS MY RESIDENTS THAT I PAY FOR, WHICH BY THE WAY, MY PROPERTY TAXES INCREASED THIS, UH, THIS YEAR.
SO I FELT IT WAS IMPORTANT TO COME DOWN AND SPEAK.
I SPOKE TO A COUPLE NEIGHBORS THIS MORNING.
THEY FELT THEY WANTED TO SPEAK, BUT THEY COULDN'T.
I UNDERSTAND THERE'S AN EMAIL AND THERE'S A PHONE NUMBER THAT THEY CAN CALL, BUT IT'S NOT THE SAME AS COMING HERE TO FACE YOU FACE TO FACE AND EXPRESS OUR CONCERNS.
UH, THAT SAID, I'M ACTUALLY FOR THIS DEVELOPMENT, UM, RIGHT NOW THAT DRY CREEK BED IS A MAJOR FIRE HAZARD.
WE'VE GOT ALL THOSE, UM, ELECTRICAL LINES GOING ACROSS IT.
IT'S BEEN A CONCERN OF MINE FOR THE LAST SIX YEARS THAT I'VE BEEN LIVING THERE.
MY ONLY CONCERN IS IT LOOKS LIKE FROM THE MAP THAT I WAS SENT THAT, UM, MY PRO MY HOUSE IS RIGHT AT THE BEND WHERE THE MAP IS.
SO I'M NOT REALLY A HUNDRED PERCENT SURE IF MY PARTICULAR PROPERTY IS GONNA BE AFFECTED OR NOT.
'CAUSE I'M RIGHT AT THE CURVE.
SO ONCE I KNOW THAT, UM, IF IT IS GOING TO BE OR NOT, AND I KNOW THINGS CHANGE AS THINGS PROGRESS AND DEVELOPMENTS BEGIN, THERE'S A, CAN YOU SHOW US WITH A LASER POINTER? I'M JUST CURIOUS TO SEE.
CAN YOU SEE YOUR HOUSE ON THIS DEER TAIL, RIGHT WHERE THE, THE BOTTOM DOTTED LINE IS? OH, ACTUALLY THE OTHER MAP THAT YOU HAD UP WAS A LITTLE BIT BETTER.
YEAH, THAT ONE RIGHT WHERE THAT BOTTOM DOTTED RED LINE IS? MY HOUSE IS RIGHT THERE.
CAN YOU, DO YOU, OH, I'M SORRY.
WHERE DO I NEED TO PRESS? GOTCHA, THANK YOU.
SO ULTIMATELY, IF MY PROPERTY IS GONNA BE IMPACTED DOWN THE LINE, WHETHER IT'S IN THE PLANS NOW OR FOR THAT CHANGES AS THEY GO THROUGH AND, AND, AND START THE, THE PROJECT, UM, OF COURSE, YOU KNOW, I WANT TO TAKE INTO CONSIDERATION IF THERE'S ANYBODY GONNA BE KIND OF A FINANCIAL COMPENSATION FOR ANY PROPERTY THAT'S INFRINGED ON, ON MY, UH, ON MY PROPERTY LINE.
WELL, UM, I WILL SAY THAT THAT'S ON THE OPPOSITE SIDE OF WHAT WE'RE LOOKING AT AND WE'RE JUST DOING THE BUFFER ALONG COLLIBRA.
BUT, UH, I SEE, UH, THE APPLICANT HAS A WHOLE BUNCH OF MAPS WITH HIM.
UH, AFTER, UH, YOU KNOW, AFTER THE MEETING.
OR YOU, YOU'RE WELCOME TO GO SIT DOWN AND CHAT ABOUT IT.
IS THERE ANYONE ELSE UNDER TO SPEAK? UH, NO OTHER PUBLIC COMMENTS.
AND JUST TO CLARIFY THAT THE ENTIRE PROPERTY, WE HAVE TO SEND OUT NOTIFICATIONS EVEN THOUGH IT'S JUST A REQUEST ON COLLAB.
UH, LOOKING FOR MOTION COMMISSIONER ZUNI, RIGHT.
REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 2 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR A 12 FOOT VARIANCE FROM THE MINIMUM 15 FOOT LANDSCAPE BUFFER TO ALLOW A THREE FOOT LANDSCAPE BUFFER ALONG COLLAB ROAD SITUATED AT 9 7 4 4 COLLIBRA ROAD, APPLICANT BEING PARKS AND RECREATION DEPARTMENT, CITY OF SAN ANTONIO.
BECAUSE THE TESTIMONY PRESENTED TO US, IN FACT, SO WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THE LITERAL ENFORCEMENT PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PRO THE PROPOSAL INCLUDES LANDSCAPING THAT ENHANCES THE STREET SCAPE, MAINTAINS VISUAL QUALITY AND SUPPORTS THE PUBLIC'S INTEREST IN COMMUNITY AMENITIES AND OPEN SPACES.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD HINDER THE PROPOSED PROJECT'S ABILITY TO COMPLY WITH THE REQUIRED LANDSCAPE BUFFER, SATISFY PARK REQUIREMENTS, AND ACHIEVE THE MOST FUNCTIONAL USE OF THE PROPERTY AS PUBLIC PARK AND TRAILHEAD.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REDUCED BUFFER AREAS WILL INCORPORATE THE REQUIRED TREES AND SHRUBS OUTLINED IN THE SUBMITTED LANDSCAPING PLAN, ENSURING THE, THE ADEQUATE SEPARATION AND SCREENING FROM COLLABO ROAD FOUR.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZE THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED.
NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ARE TO THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED.
THE REDUCED BUFFER WILL NOT NEGATIVELY AFFECT ADJACENT PROPERTIES.
[01:00:01]
IN FACT, IT ENHANCES NEIGHBORHOOD VALUES VALUE BY PROVIDING SAFE DESIGNATED PARKING AND IMPROVING PUBLIC ACCESS TO COMMUNITY RECREATION RESOURCES.THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE HAS SOUGHT IS 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 ARE, ARE NOR DUE TO THE RESULT OF GENERAL CONDITIONS.
THE DISTRICT, ONCE THE PROPERTY IS LOCATED, THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
PRIMARILY THAT MOST OF THE SITE LIES WITHIN THE FLOODPLAIN, WHICH LIMITS THE AREA AVAILABLE TO DEVELOP THE PROPOSED PROJECT, AS WELL AS ACCOMMODATING THE REQUIRED LANDSCAPING BUFFERS AND PARKING AND OF MOTION.
SO YEAH, I'LL BE IN SUPPORT OF THIS MOTION.
NOW WE SAW, UH, PRETTY MUCH UNANIMOUS SUPPORT OF THE PROJECT.
UM, YOU KNOW, THE, UH, THE BUFFER LANDSCAPE REALLY IS ON THE CLAVER ROAD AND, UM, YOU KNOW, IT'S A FAR REMOVED FROM THE RESIDENTIAL SUBDIVISION ON THE OTHER SIDE OF THE, OF THE WATER, UH, WATERSHED THERE.
SO, UH, I'LL SUPPORT THE MOTION AS READ.
UM, YEAH, I CONCUR WITH MY COLLEAGUE AND I THINK, UH, SOME OF THE, UM, POINTS BROUGHT UP BY THE PERSON THAT, UH, KA AND SPOKE, THEY'RE ON THE OTHER SIDE OF THAT, THAT QUARRY AND SO, SO IT REALLY WOULDN'T MATTER REGARDLESS.
SO, SO THAT'S A DIFFERENT PROBLEM, DIFFERENT CHALLENGE.
ANYONE ELSE HEARING UNANIM HAVE ROLL CALL VOTE.
COMMISSIONER OZUNA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVEN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT MOTION PASSAGE UNANIMOUSLY.
ITEM NUMBER FIVE IS BO OA DASH 25 DASH 0 3 0 1 98.
THE ADDRESS IS 4 4 5 0 FOREST GREEN STREET.
DISTRICT THREE, THE APPLICANT IS MARTIN SAN.
A REQUEST FOR ONE, A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW OUR CARPORT WITH A ONE INCH FRONT SETBACK.
THE SUBJECT PROPERTY IS LOCATED ON A CUL-DE-SAC ALONG FOREST GREEN STREET, JUST WEST OF ROLAND ROAD.
THE DETACHED CARPORT IS CURRENTLY UNDER CONSTRUCTION WITH THE METAL FRAMEWORK ALREADY IN PLACE.
AS THE ROOF HAS NOT YET BEEN INSTALLED, THE PROPERTY OWNER HAS INDICATED THAT THERE WILL BE NO OVERHANG AT THE FRONT OR SIDES OF THE CARPORT DUE TO THE PROPERTY'S CURVED FRONTAGE.
THE NEAREST POINT OF THE CARPORT SITS ONE INCH FROM THE PROPERTY LINE REQUIRING A VARIANCE OF NINE FOOT 11 INCHES FROM THE MINIMUM 10 FOOT FRONT SETBACK.
THE PROPERTY OWNER WAS NOTIFIED BY A CODE COMPLIANCE STREET TEAM OF THE REQUIREMENTS OF A PERMIT.
HOWEVER, NO OFFICIAL INVESTIGATION WAS INITIATED.
THIS IS THE SITE PLAN HIGHLIGHTED THE LOCATION OF THE CARPORT TO THE FRONT AND THE CURRENT VIEW OF THE FRAMEWORK OF THE CARPORT AND THE SURROUNDING AREA IN THE CUL-DE-SAC STAFF'S RECOMMENDATION FOR THE CARPORT, FRONT SETBACK VARIANCE IS DENIAL IN BO OA DASH 25 DASH 0 3 0 1 98.
BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE WOULD REDUCE VISIBILITY WHEN EXITING THE DRIVEWAY AND POSE A POTENTIAL RISK TO PEDESTRIAN AND TRAFFIC SAFETY.
AND TWO, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTER CHARACTERISTICS OF THE DISTRICT IN WHICH A PROPERTY IS LOCATED AND WOULD DISRUPT THE VISUAL UNIFORMITY OF THE STREETSCAPE.
WE RECEIVED THREE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE PECAN VALLEY NEIGHBORHOOD ASSOCIATION.
THESE ARE THE RESPONSES IN SUPPORT.
THIS CONCLUDES STAFF'S PRESENTATION.
IS THAT THE APPLICANT COME FORWARD? I HAVE A QUESTION FOR STAFF.
UH, WHAT IS THE DISTANCE BETWEEN THE FRONT PROPERTY LINE AND THE ACTUAL PAVED AREA OF THE STREET AT THAT CUL-DE-SAC? LOOKS LIKE THEY HAVE, UM, 10 FEET PAST THEIR PROPERTY LINE BEFORE YOU GET TO THE ACTUAL STREET.
HELLO, MY NAME IS MARTIN SANON.
I LIVE AT 44 54 SCREEN AND, UH, LIKE, UH, YOU'VE SEEN THE, THE SIR YOU LIKE THE CARPORT WAS ALREADY STARTED AND, UH, I LIVE IN THE CULDESAC TO WHERE, UH, THE RIGHT COLUMN, YOU MUST SAY
[01:05:01]
IT'S, UH, NINE AND A HALF FEET FROM THE STREET.AND THIS RIGHT, UH, LEFT HAND IS 11 FEET FROM THE STREET.
SO THEY TOLD ME I HAD TO BE 10 FEET, SO IT'S ONLY SIX INCHES FROM THE, UH, UH, FROM THE STREET OF THE WHATEVER.
AND IF, UH, HAS TO BE, I WILL SEE, UH, I WOULD, UH, GO BACK, YOU KNOW, IT'S ALREADY, LIKE I SAID, IT'S ALREADY, BUT THEY COULD ACTUALLY GO BACK, SAY FIVE, UH, SIX INCHES OR ME AND BE A FOOT.
IT WOULD STILL BE, UH, ENOUGH OF A, TO HAVE THE CARPORT COMPLETED.
UH, WELL LET ME ASK YOU A QUESTION.
SO, UM, IT LOOKS LIKE, UH, YOUR DRIVEWAY FROM THE FRONT OF YOUR GARAGE, UH, TO WHERE THE, THIS LAST POST IS, IS IT ABOUT 20 FEET? DO YOU HAPPEN TO KNOW THAT DIMENSION? THE WHAT? THE, LIKE HOW FAR AWAY? WELL, HOW FAR AWAY IS, IS HOW DEEP IS YOUR CARPORT? LET'S PUT IT THAT WAY.
SO YOU HAVE, YOU DID THE MINIMAL THAT YOU COULD PROBABLY YEAH, AND LIKE I SAID, UH, THE, FROM THE STREET IT'S SUPPOSED TO BE 10 FEET AND ONE COLUMNS, UH, IS NINE AND A HALF FEET.
SO ONE COLUMN IS UH, UH, NINE AND A HALF FEET, THE ALMOST 11 FEET.
AND IT'S BECAUSE THE CUL SAC GOES LIKE THIS, YOU KNOW, SO.
SO, SO THAT'S WHERE WE ARE RIGHT NOW.
ACTUALLY, THE COLUMN IS SUPPOSED TO BE 10 FEET FROM THE PROPERTY LINE, NOT THE STREET.
OH, THAT'S WHAT, WELL, THAT'S WHAT THE, AND JUST TO CLARIFY, UM, WHENEVER THIS, UH, APPLICANT WAS GIVEN THE INFORMATION, UM, I THINK THERE WAS A MISUNDERSTANDING BETWEEN PROPERTY LINE AND STREET.
AND THAT'S WHY, 'CAUSE WE THOUGHT, WE THOUGHT IF HE MOVED BACK SIX INCHES, UH, FROM WHAT WE WERE SEEING ON THE ORIGINAL SITE PLAN, HE'D BE GOOD.
BUT THEN WE LOOKED AT THE PLAT AND REALIZED THAT THE, UH, PROPERTY LINES INSIDE 10 FEET.
IS THIS AN OLDER PLATT OR WHERE THEY DID 50, 55 OR DID THEY DO IT WAS A 50 FOOT RADIUS.
SO, SO JUST TO CLARIFY, SO ONE POST OUT, UH, HE MENTIONED BEING, UH, NINE FEET, SIX INCHES.
SO IS THAT ACTUALLY IN THE CITY RIGHT OF WAY? UM, IF THEY'RE IN WITHIN CITY RIGHT OF WAY, UM, THEY WILL HAVE TO MOVE BACK.
UM, THAT'S JUST BASED ON OUR MEASUREMENTS WHEN WE DID SITE VISITS.
SO, SO, SO DEPENDING ON HOW THIS, HOW WE VOTE.
SO IT MAY BE THAT ONE OF THE POSTS HAS TO BE MOVED.
WELL, BOTH OF THEM WOULD HAVE TO BE MOVED BECAUSE, UH, AND YOU CAN'T PUT THE CARPORT LIKE THIS, YOU KNOW, LIKE, UH, THE ONE RIGHT THERE ON THAT, UH, YOU CAN SEE THE, THE ONE, THE RIGHT IS THE ONE THAT'S, UH, IS NINE AND A HALF.
THE OTHER ONE YOU SPEAKING TO THE MIC, SIR.
SO JUST PUT, SORRY, PUT IN THE BACK, SAY A FOOT.
SO, SO SOMETIMES SO POSTS DON'T NECESSARILY HAVE TO ALIGN OR SOMETIMES I'VE SEEN CARPORTS WHERE THE POST DOESN'T LINE WITH THE CORNER OF THE CARPORT ITSELF.
UH, BUT, BUT ANYWAYS, SO JUST, JUST AS A NOTE.
SO, SO YOU CAN'T BE ON CITY PROPERTY, UM, YOU KNOW, WITH REGARDS TO THE CARPORT.
SO, SO IF WE DO, EVEN IF WE DO APPROVE THIS, IT MAY BE THAT YOU WOULD HAVE TO REMOVE SOME OF IT, UH, WITH REGARDS TO THAT, THAT THAT END OF THE CARPORT ITSELF.
SO, OR, OR MAKE ADJUSTMENT FOR IT.
THAT'S WHAT THEY, UH, TOLD ME, UH, WHEN THE INSPECTOR WENT.
AND IF YOU GO BACK, YOU PROBABLY, YOU PROBABLY, YOU'RE, OKAY.
WELL, IF THIS GETS APPROVED TODAY, UM, THE, IT'LL GO THROUGH INSPECTIONS AND THEY'LL MAKE SURE EVERYTHING'S FINE.
SO IF THERE'S ANY OTHER QUESTIONS, CHAIR? YES.
I, IT'S TYPICALLY IN A CUL-DE-SAC.
WE TALK ABOUT FRONT SETBACKS ALL THE TIME, BUT TYPICALLY IN A CUL-DE-SAC IT'S A LITTLE MORE, ISN'T IT FROM THE CODE? LIKE 25 FEET BECAUSE CUL-DE-SAC.
'CAUSE USUALLY THE SETBACK OF THE HOUSE IS MORE IN A CUL-DE-SAC.
YEAH, THEY HAVE, UM, WE, WE DON'T, WE DON'T PUT SETBACKS ON PLATS ANYMORE.
SO THE ZONING CODE DOESN'T CHANGE WHETHER YOU'RE ON A CUL-DE-SAC.
IT'S, IT'S JUST OH, REALLY? YEAH, THE FRONTAGE GETS LOOKED AT DIFFERENTLY.
UH, AND, AND WHAT THE REASON, WHAT I WAS TRYING TO POSE WAS NOWADAYS YOU HAVE TO HAVE 105 FOOT RADIUS, BUT BACK THEN IT WAS A HUNDRED.
AND SO I WAS TRYING TO FIGURE OUT LIKE DID THEY, WAS HOW OLD WAS THIS PLAT? RIGHT? RIGHT.
SO, UH, IS THERE ANY OTHER QUESTIONS? AND I DIDN'T SEE ANY VOICEMAILS, ANYONE UNDER TO SPEAK? UH, NOT PUBLIC COMMENT.
WELL, WE'RE LOOKING FOR A MOTION THEN.
STEVENS COMMISSIONER STEVENS, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 98, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT
[01:10:01]
A REQUEST FOR A NINE FOOT 11 VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A ONE INCH FRONT SETBACK SITUATED AT 4 4 5 0 FOREST GREEN STREET.APPLICANT BEING MARTIN, SAN SAN, SORRY,
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS THE CARPORT WILL RETAIN VISIBILITY TO THE, TO SAFELY EXIT THE DRIVEWAY, NOR IMPACT PEDESTRIAN AND TRAFFIC SAFETY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CURVED FRONTAGE LIMITS THE ABILITY TO ERECT THE CARPORT OUTSIDE OF THE FRONT SETBACK.
THREE, BY GRAINING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REDUCED SETBACK PROVIDES SUFFICIENT SPACE BETWEEN THE CARPORT AND THE FRONT PROPERTY LINE FOR BOTH PEDESTRIAN TRAFFIC AND TRAFFIC SAFETY AND NEIGHBORHOOD CONSISTENCY.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
GRANTING THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE CARPORT MAINTAINS VISUAL OPENNESS OF THE PROPERTY WITHIN THE CUL-DE-SAC.
THERE IS NO OTHER EXISTING CARPORT AND IT WAS OBSERVED TO BE REASONABLY SET BACK FROM THE PROPERTY LINE AND SIDEWALK.
THERE IS ONE OTHER EXISTING CARPORT, SORRY, SIX.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, WHICH IS DUE TO THE SMALL CURVED FRONTAGE OF THE PROPERTY AS LO AS THE PROPERTY IS LOCATED ON A CUL-DE-SAC AND OF MOTION.
SECOND, THINK ABOUT COMMISSIONER MANOCK.
COMMISSIONER STEVENS, I'LL BE IN FAVOR OF THIS.
I THINK, UM, THE CARPORT IS REASONABLE IN TERMS OF SIZE.
18 FEET DEEP IS A TYPICAL PARKING SPACE.
IT SHEDS TOWARDS THE STREET, SO YOU'RE NOT IMPACTING YOUR NEIGHBORS AND YOU HAVE SUPPORT FROM A BUDDING NEIGHBORS.
UM, I, I CONCUR WITH MY COLLEAGUE.
AND ADDITIONALLY THERE'S A CARPORT ACROSS THE STREET THAT LOOKS SIMILARLY LOCATED, ALTHOUGH IT HAS A LITTLE BIT LONGER DRIVEWAY.
UM, BUT IT'S, BUT TO ME IT JUST SEEMS, UM, CONSISTENT WITH THE COMMUNITY.
ALL RIGHT, ANYONE ELSE LIKE TO ADD? HEARING NONE.
COMMISSIONER STEVEN? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
SECOND CUR CHAIR OR, AND I ALSO CONCUR WITH THE FINDINGS OF FACT.
DO YOU HAVE ANY QUESTIONS? UH, YOU CAN GET WITH STAFF? NO, THAT'S JUST, UH, UH, NOW THAT I, I CAN, UH, CONTINUE WITH, WITH, WELL, YOU'LL HAVE TO, YOU HAVE TO ATTEND A BUILDING PERMIT AND SO A BUILDING PERMIT.
AND SO IF YOU HAVE ANY QUESTIONS, YOU'RE IN THE RIGHT BUILDING FOR THAT.
SO THEY CAN OH, WELL I, I, I ALREADY PAID FOR ONE, UH, STAFF CAN, UH, CAN YOU SEE WHERE HIS STATUS IS? AND THEY'LL, THEY'LL HELP YOU OUT WITH THAT OUTSIDE.
I'M SHACHI, I'M A PLANNER WITH THE BOARD OF ADJUSTMENT.
UH, THIS IS BOA CASE 2 5 1 0 3 0 0 1 9 9.
ADDRESS 1310 HUNTERS BOULEVARD COUNCIL DISTRICT FOUR.
THE APPLICANT IS CARLO GELLAR.
YEAH, THE REQUEST IS A 752 SQUARE FOOT VARIANCE FROM THE MAXIMUM 2,500 SQUARE FOOT TOTAL FLOOR AREA FOR ALL ACCESSORY STRUCTURES TO ALLOW FOR A COMBINED 3,252 SQUARE FEET OF ACCESSORY STRUCTURES.
AND TWO, A FENCE MATERIAL VARIANCE TO ALLOW FOR SHEET ROLL OR CORRUGATED METAL WITH CAP LIMITED TO THE AS-BUILT PORTION IN THE REAR YARD.
THE SUBJECT PROPERTY IS LOCATED ALONG THE MIDDLE OF THE BLOCK FACE OF HUNTER'S BOULEVARD.
THE APPLICANT'S SUBMITTED PLANS FOR AN ACCESSORY DWELLING UNIT TO THE CITY OF SAN ANTONIO.
UPON REVIEW OF THE PLANS, IT WAS DETERMINED THAT A VARIANCE WAS NEEDED DUE TO THE ALREADY EXISTING ACCESSORY STRUCTURE, PUTTING THE TOTAL SQUARE FOOTAGE OVER THE MAXIMUM AMOUNT WHILE DOING SIDE VISITS.
STAFF NOTICED THE CURRENTLY BUILT CORRUGATED METAL FENCE.
[01:15:01]
PROPERTY IS THREE 3.92 ACRES IN SIZE AND A 30 FOOT, UH, PRI PUBLIC EASEMENT IN THE REAR OF THE PROPERTY MATCHED BY THE REAR A BUDDING PROPERTY.UH, THE RED PORTION IS THE CORRUGATED METAL FENCE.
AND AS YOU CAN SEE THERE, UH, THE ACCESSORY STRUCTURES AS WELL.
AND AS YOU CAN SEE AT THE BOTTOM, THE CORRUGATED FENCE.
AND THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL AND BO OA TWO FIVE DASH 1 0 3 0 1 9 9 ACCESSORY STRUCTURE, SQUARE FOOTAGE VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SUBJECT PROPERTY IS LARGE ENOUGH TO ACCOMMODATE THE REQUESTED ACCESSORY STRUCTURE TO THE OTHER ARY STRUCTURES ON THE PROPERTY ARE NOT LIVABLE.
SPACE STAFF COMMENDS DENIAL AND BO A TWO FIVE DASH 1 0 3 0 0 1 9 9.
FENCE MATERIAL VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, SECURITY CAN BE PROVIDED ON THE LOT BY A NON PROHIBITED FENCE MATERIAL.
AND THE USE OF CORRUGATED AND METAL DOES NOT APPEAR TO PROVIDE ANY ADDITIONAL SECURITY.
THE PROPERTY IS A BUDDING SINGLE FAMILY DWELLINGS TO THE NORTHEAST AND WEST, AND THE INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT, UH, THE NEIGHBORHOOD'S LOOK AND CHARACTER.
AND THREE, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
WE GOT ZERO IN FAVOR, ZERO PO OPPOSED.
AND NONE OF THE, UH, CITYWIDE, UH, RESPONDED.
THAT CONCLUDES THE STAFF PRESENTATION.
ALL RIGHT, THANK YOU VERY MUCH.
UH, LET HAVE THE APPLICANT COME FORWARD.
UH, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UM, UM, SO WE DIDN'T KNOW THAT THERE WAS A LIMIT OF 2,500 OF ACCESSORY STRUCTURES OR OTHERWISE WOULD'VE PLANNED A LITTLE MORE, UH, A LITTLE MORE BETTER.
BUT, UM, I BOUGHT THE PROPERTY, UM, ABOUT SIX OR SEVEN YEARS AGO.
MOVED, MOVED IN FROM, FROM THE COUNTY.
UM, SO IT ACTUALLY CAME UP WITH, I'M AN ENGINEER, SO I CAME UP WITH A SITE PLAN FOR THE, FOR THE, FOR THE AREA.
UH, ALTHOUGH IT DIDN'T INCLUDE THE A DU, MY DAUGHTER IS RECENTLY BEEN DIAGNOSED WITH A DEBILITATING, UM, UM, NERVOUS CONDITION.
AND WHEN SHE HAS AN ATTACK, SHE BASICALLY IS INCAPABLE OF FUNCTIONING.
SO SHE IS CURRENTLY A SINGLE MOTHER IN NEW MEXICO, AND SO THAT'S NOT GONNA WORK TOO MUCH LONGER.
AND WE'VE ALREADY HAD TO GO TO ASSIST HER, UM, SEVERAL TIMES.
SO I SUGGESTED THAT SHE MOVE BACK HOME.
UM, BUT TO GRANT HER SOME FREEDOM AND, AND, AND INDEPENDENCE, WE WANTED TO BUILD THE A DU.
THE A DU IS SPECIFICALLY FOR HER AND HER CHILDREN, AND IT'S NOT TO RENT.
I, I DON'T CARE OR NEED ANY, I'M, I AM NOT GONNA TURN IT INTO A, I DON'T THINK I CAN OR ILLEGALLY, UM, NOT GONNA RENT IT IN ANY WAY, SHAPE OR FORM.
UM, IF I HAD PLANNED BETTER, I WOULDN'T HAVE PUT THE CARPORT UP, WHICH I THINK WOULD'VE ALLOWED FOR THE A DU.
SO THE DIFFERENCE BETWEEN ALLOWING THE A DU AND NOT IS BASICALLY THE CARPORT.
UM, BUT I, I DIDN'T KNOW AT THE TIME.
UM, I DO TAKE EXCEPTION TO ONE OF THE STATEMENTS.
THE THREE NEIGHBORS AROUND ME ALSO HAVE CORRUGATED METAL FENCE.
THE, ON THE SOUTH SIDE OF SAN ANTONIO, IT'S A PRETTY ROUGH AREA.
WE, WE CALL 'EM ZOMBIES, BUT THERE ARE DRUGGIES WHO WALK AROUND.
I HAVE PERSONALLY HAD PROPERTY TAKEN FROM MY, FROM MY H MY HOME PEOPLE DROVE ONTO MY PROPERTY, HITCHED UP MY TRAILER AND TOOK IT AWAY.
UM, DESPITE THE CAMERA FOOTAGE WHICH I PROVIDED TO THE, TO THE POLICE FORCE, THEY BASICALLY DID NOTHING.
THE, THE METAL DOESN'T, ISN'T MORE DURABLE THAN WOOD, BUT IT LASTS LONGER.
SO WOOD HAS A LIFESPAN, ESPECIALLY IN THE MOISTURE IN THE, IN THE SUN OF ABOUT FIVE YEARS.
THE METAL WILL LAST FOR ABOUT 15 TO 30 IF YOU TAKE CARE OF IT.
UM, SO WITH, WITH A LARGE LOT OF, AND I WOULDN'T HAVE PUT THE METAL, I, I, I DID A PERMIT.
I, I DIDN'T SEE ANYTHING ABOUT THERE THAT IT WAS AN UNAUTHORIZED MATERIAL.
I WAS TOLD THAT YOU HAD TO LOOK IN THE, IN THE, UM, UDC TO FIND THAT IT WAS AN AUTHOR UNAUTHORIZED MATERIAL.
I PROBABLY SHOULD HAVE PUT THAT IN THE PERMIT APPLICATION THAT YOU CAN'T USE CORRUGATED AND METAL.
IT'S ACTUALLY MORE EXPENSIVE THAN WOOD.
I, I CHOSE THE CORRUGATED AND METAL BECAUSE IT'S DURABLE AND I BASICALLY, THERE'S ONLY SO MUCH I CAN MAINTAIN WITH, WITH FOUR ACRES OF PROPERTY.
I, I NEED TO BASICALLY A ONE AND DONE.
AND SO METAL IS THE I IDEAL MATERIAL BECAUSE OF ITS LONGEVITY.
UM, I AM WILLING TO PUT A CAP ON IT, IF THAT MAKES THE BOARD HAPPY.
I DON'T WANT ANYONE TO BE HURT ON MY FENCE.
I JUST DON'T WANT THEM CLIMBING MY FENCE.
[01:20:01]
APPEARS TO ALREADY INCLUDE A CAP.CAN, CAN STAFF VERIFY THAT A CAP IS PART OF THE APPLICATION BEFORE THIS COMMISSION? THAT'S CORRECT.
ALRIGHT, WELL THEN I'M, I'M WILLING TO PUT A CAP AND I'M HAVE APPLIED FOR IT TO PUT A CAP ON
UM, IS THERE, IS THERE ANY, UH, VOICEMAILS OR ANYONE SIGNED TO SPEAK ON THIS ONE? NO PUBLIC COMMENT.
UH, IS THERE, I I, I DID HAVE A PETITION, SO, SO DID THE PETITION NOT COUNT? THE PETITION DOES NOT COUNT.
I, I, I, I OBTAINED SIGNATURES FROM ABOUT 25 OF MY NEIGHBORS IN SUPPORT.
HAD YOU EMAILED THAT TO A PLANNER OR YOUR CASE MANAGER? YES, YES.
SORRY, IF YOU HAVE A COPY, UH, I'M, I'D BE HAPPY TO.
UM, UM, SO, UH, LET SEE, UH, UM, MANNA COMMISSIONER MANNA.
SO QUESTION FOR CITY STAFF HERE.
SO, UM, SO THERE ARE, THIS IS GONNA BE THE FOURTH STRUCTURE I GUESS ON THIS PROPERTY.
AND, AND SO WITH REGARDS TO A DU, THERE IS THIS BEING THE ONLY A DUI GUESS ON THAT PROPERTY.
SO, SO THERE'S A SIZE LIMITATION ON, ON A SECONDARY A DU, RIGHT? FOR A PROPERTY.
A DU ALLOWED ONLY ONE PER LOT.
SO FOR THE PRIMARY A DU, THAT'S THIS SINGLE, THIS SINGLE, THIS FIRST A DU THAT'S COMING IN LIMITATION ON ITS SIZE, CORRECT? CORRECT.
SO THE MAIN HOUSE IS 28 30 SQUARE FEET.
SO THEY'RE LIMITED TO LIKE A LITTLE BIT LIKE 1400 SQUARE FEET.
SO THEY'RE IN COMPLIANCE WITH THAT.
AND SO, SO OUTSIDE OF THAT, UM, IT'S JUST REALLY ALL, ALL OF THE METAL OR ALL OF THE STRUCTURE ON THIS PARTICULAR PROPERTY.
AND WE DON'T HAVE ANYTHING IN THE CITY OF SAN ANTONIO WITH REGARDS TO HOW MUCH STRUCTURE PER ACRE, IS THAT CORRECT? SO, SO LARGE JUST SQUARE FOOTAGE.
SO ACREAGE LOTS DON'T HAVE THAT.
I THINK, UH, FARMING RANCH ALLOWS THEM A LITTLE BIT MORE, BUT IF I REMEMBER CORRECTLY, YEAH.
SO 'CAUSE OUR WHOLE COMMUNITY, YOU KNOW, IS, IS ACREAGE LOTS.
AND SO, AND WE HAVE A FEW THAT, YOU KNOW, PROBABLY DO HAVE, YOU KNOW, THIS AMOUNT AS WELL.
SO JUST TRYING TO UNDERSTAND THAT.
SO, SO THERE IS A, THERE IS A, UM, A 3.6 ACRE LOT TO THE BACK OF ME, WHICH WAS WRENCH, RECENTLY REPLANTED.
AND SO THAT WAS A 3.6 ACRE LOT.
IT WAS REPLANTED INTO 22 LOTS.
SO THAT 22 LOTS EACH, EACH BEING ALLOWED.
2,500 SQUARE FEET IS OVER 50,000 SQUARE FEET OF ACCESSORY SPACE.
I, I MEAN, I DON'T WANT TO CUT MY, MY, MY PROPERTY INTO PIECES.
IT'S, I, I BOUGHT IT FOR A REASON.
IT'S A BEAUTIFUL PIECE OF LAND.
I ACTUALLY PUT THE HOUSE SO THAT IT, IT, IT OBSTRUCTS AS FEW TREES AS POSSIBLE.
AND STAFF, UH, I JUST WANTED TO CLARIFY ON THE, UH, SITE PLAN THAT WAS PROVIDED.
UH, IT'S CALLING OUT A 15 FOOT EASEMENT BELOW THAT'S BEEN CROPPED OFF, BUT THERE'S ACTUALLY A 60 FOOT PAPER STREET THERE.
SO YES, THERE IS, THEY CALL IT BATS BOULEVARD OR SOMETHING.
SO, SO, SO BOTH, BOTH LANDOWNERS ON EACH SIDE HAVE A 30 FOOT EASEMENT FOR A TOTAL 60 FOOT PAPER STREET.
IT, IT DOES EXIST, HOWEVER, UM, IT'S BASICALLY INEFFECTIVE BECAUSE IT'S BEEN DEADHEADED BY THE PARK.
SO THERE, WHEN THEY, WHEN THEY DID THE PARK, THEY DIDN'T DO THE TURNAROUND THING.
AND SO IT IS ACTUALLY IMPOSSIBLE FOR IT TO BE USED AS A STREET AT SOME POINT.
I I, I WAS ONLY, I WAS ONLY BRINGING THAT POINT UP BECAUSE AT 60 FEET IS A SIZABLE DISTANCE BETWEEN, ON THE REAR PROPERTY LINE FROM ANYBODY WHO'S ON THE OPPOSITE SIDE OF THAT PAPER, UNIMPROVED RIGHT OF WAY, WHICH WAS, IT WAS ACTUALLY DONE IN THE EARLY 19 HUNDREDS WITH THAT OLD, UH, THAT OLD PLAT THAT WAS DONE BACK THEN.
SO, SO MY NEIGHBOR TO THE SOUTH WHO, UM, PUT UP THE, PUT UP THE CORRUGATED METAL FENCE THAT, THAT SHE WOULD SEE IN THE PICTURES.
AND SO HE'S ON HIS PROPERTY LINE SO THAT, THAT CORRUGATED METAL FENCE TO THE BACK OF MY PROPERTY IS NOT MINE.
IT'S ACTUALLY ON HIS PROPERTY LINE ON ON THE EASEMENT.
UM, YEAH, SO THAT'S THAT, THAT ONE'S NOT MINE AND I CAN'T ACTUALLY TOUCH THAT.
ALRIGHT, WELL, UH, IS THERE ANY COMMISSIONER QUESTIONS? OH, I KNOW WHERE IT'S, WHERE IT'S PARDON ME? PETITION.
DID YOU RECEIVE THAT PETITION? YEAH, HE, HE WAS, HE HAD IT ALL.
WE JUST SHOWED IT ON THE, UH, BIG SCREEN.
IS THERE ANY, UH, LAST MINUTE QUESTIONS GOING ONCE, GOING TWICE.
LOOKING FOR A MOTION, STEVENS COMMISSIONER STEVENS, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 0 3 0 1 9 9.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT.
I REQUEST FOR ONE A 752 SQUARE FOOT VARIANCE FROM THE MAXIMUM
[01:25:01]
2,500 SQUARE FEET TOTAL FLOOR AREA OF ALL ACCESSORY STRUCTURES TO ALLOW FOR A COMBINED 3,252 SQUARE FEET OF ACCESSORY STRUCTURES AND TWO FENCE MATERIAL VARIANCE TO ALLOW FOR A SHEET ROLL OR CORRUGATED METAL WITH A CAP LIMITED TO THE AS-BUILT PORTION OF THE REAR YARD, SITUATED AT 1310 HUNTER BOULEVARD.APPLICANT BEING CARLO GIARDO LARDO GIARDO, BECAUSE THE TESTAMENT PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST WITH REGARDS TO THE ACCESSORY STRUCTURE OF THIS VARIANCE IS NOT AGAINST THE PUBLIC INTEREST DUE TO THE TOTAL SIZE OF THE LOT, WHICH MAY ACCOMMODATE INCREASED BUILDING SQUARE FOOTAGE WITH REGARDS TO THE FENCE MATERIAL, THE FENCE MATERIAL VARIANCE IS NOT CON CONTRARY TO THE PUBLIC INTEREST AS THE FENCE MATERIAL UTILIZED, BUT MAY AFFORD ENHANCED SAFETY AND SECURITY TO THE SUBJECT PROPERTY.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
WITH REGARDS TO ACCESSORY STRUCTURES, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD LIMIT THE ALLOWABLE ACCESSORY STRUCTURE AREA AND PREVENT THE MAXIMUM UTILIZATION OF THE LARGE LOT.
WITH REGARDS TO FENCE MATERIAL.
A LITERAL ENFORCEMENT OF THE FENCE MATERIAL ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS IT WOULD PREVENT THE ENHANCED SAFETY AND SECURITY FROM BENEFITING THIS PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
ACCESSORY STRUCTURES, THIS REQUEST WOULD BE IN THE SPIRIT OF THE ORDINANCE AS THE LOT SIZE OF THE SUBJECT PROPERTY IS LARGE ENOUGH TO ACCOMMODATE THE ACCESSORY STRUCTURE, WOULD NOT INJURE THE SURROUNDING COMMUNITY FOR FENCE MATERIAL.
THIS REQUEST WOULD BE IN THE SPIRIT OF THE ORDINANCE AS THE INCREASED SECURITY PROVIDED BY THE FENCE WILL BENEFIT THE SURROUNDING PROPERTY.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO OTHER USE OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
WITH REGARD TO THE ACCESSORY STRUCTURE, STAFF FINDS THAT ADDING THE ACCESSORY STRUCTURE WOULD NOT INJURE THE APPROPRIATE USE OF THE SURROUNDING PROPERTIES, AS THE ACCESSORY STRUCTURES WILL BE SITUATED TO PRESERVE OPEN VIEWS AND MEET ALL SETBACK REQUIREMENTS.
UH, WITH REGARDS TO THE FENCE, MATERIAL, STAFF FINDS THAT THE FENCE MATERIAL OF VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES OR SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
IS THERE SIMILAR FENCE MATERIAL UTILIZED IN THE SURROUNDING AREA? SIX.
THE P OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, AND WERE NOT MERELY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
WITH REGARDS TO THE ACCESSORY STRUCTURE, STAFF FINDS UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY SUCH AS THE PROPERTY'S LARGE ACREAGE, IRREGULAR TOPOGRAPHY, AND EXISTING LAYOUT, WHICH JUSTIFY ACCESSORY STRUCTURE SPACE EXCEEDING THE STANDARD LIMIT.
THESE CONDITIONS ARE INHERENT TO THE LAND AND NOT THE RESULT OF ANY ACTION BY THE CURRENT OWNER.
AND FOR THE FENCE MATERIAL, THE, THESE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE THE NEED FOR ADDITIONAL SAFETY AND SECURITY FOR THE FENCE THAT THE FENCE PROVIDES.
SECOND BY COMMISSIONER MANOCK.
I THINK, UM, GIVEN THE LARGE LOT SIZE THAT I, I HAVE NO ISSUE WITH THE ADDITIONAL SQUARE FOOTAGE OF, OF ACCESSORY STRUCTURES.
AND AGAIN, BECAUSE OF THE LARGE LOT SIZE HA AND THE NEED TO PROTECT YOUR PROPERTY AND YOUR FAMILY, I WILL ABSOLUTELY BE IN FAVOR OF THE CORRUGATED METAL FENCE FOR THE CAPS.
SO I'LL BE IN FOR, IN SUPPORT OF BOTH OF THESE.
UM, I CONCUR WITH MY COLLEAGUE AND, UH, GETTING THE SIGNATURES WAS GOOD, SO THANK YOU FOR THAT AS WELL.
AND UM, AND, AND THEN ARE, THERE ARE OTHER HOMES, UM, IN THE COMMUNITY THAT DO HAVE THE CORRUGATED MEDAL, SO IT DOES APPEAR TO BE KIND OF A STANDARD IN THIS AREA.
ALL RIGHT, ANYONE ELSE LIKE TO ADD HEARING NONE A ROLL CALL VOTE PLEASE.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT.
AND I APPRECIATE ALL YOUR TIME AND I APPRECIATE THE WORK OF DSD.
ITEM NUMBER SEVEN IS BO OA DASH 25 DASH 0 3 0 0 2 0
[01:30:02]
ADDRESSED AT 500 TAMPICO STREET IN CONSUL DISTRICT FIVE.THE APPLICANT IS ADRIANA MORROW.
A REQUEST FOR A FIVE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT PRIVACY FENCE HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE ALONG THE FRONT YARD.
THE SUBJECT PROPERTY IS GENERALLY SITUATED WEST OF IH 10 SOUTH AND JUST NORTH OF APACHE CREEK ALONG TO PICO STREET.
THE PROPERTY CURRENTLY CONTAINS A TELECOMMUNICATIONS FACILITY WITH A SIX FOOT SCREEN FENCE WITH BARBED WIRE APPROVED THROUGH AN A VR GRANTED IN FEBRUARY OF THIS YEAR.
THIS EXISTING FENCE RUNS ONLY THE STRUCTURE ITSELF.
THE PROPOSED FENCE INVOLVES INSTALLING A NEW EIGHT FOOT FENCE ALONG THE PROPERTY LINES TO ENHANCE SECURITY AND HELP DETER ILLEGAL DUMPIN AND BREAK-INS OCCURRING ON THE PROPERTY.
AN EIGHT FOOT FENCE IS PERMITTED BY RIGHT ALONG THE REAR AND SIDE YARD DUE TO THE PROPERTY'S LOCATION, WHICH ABUTS APACHE CREEK AND APACHE CREEK GREENWAY TO THE REAR WITH THE EASTERN SIDE ABUT IN A RAILROAD.
THEREFORE A FIVE FOOT PRIVACY FENCE SPECIAL EXCEPTION IS REQUIRED TO PERMIT AN EIGHT FOOT PRIVACY FENCE ALONG THE FRONT YARD OF THE PROPERTY.
AND THIS IS JUST HIGHLIGHTED WHERE THE FRONT YARD OF THE PROPERTY IS BASED ON THE REQUEST.
AND THEN THIS IS THE SITE PLAN.
THE RED WOULD BE A CONTINUOUS EIGHT FOOT FENCE IF THE VARIANCE IS APPROVED, THIS IS JUST AN AERIAL VIEW FROM THE FRONT OF THE PROPERTY AND YOU CAN SEE WHERE THE EXISTING FENCE IS, WHEREAS THE NEW FENCE IS GONNA FALL ALONG THE PROPERTY LINES.
AND THIS IS THE CURRENT VIEW, THIS IS THE PORTION CLOSEST TO THE RAILROAD AND WHERE THE FACILITY IS LOCATED AND THE UNFENCED AREA.
AND THIS IS A SURROUNDING AREA BY A CEMETERY.
AND SO A SMALL RESIDENTIAL SUBDIVISION STAFF'S RECOMMENDATION FOR THE FENCE SITE SPECIAL EXCEPTION IS APPROVAL IN BO OA DASH 25 DASH 0 3 0 0 200 BASED ON THE FOLLOWING FINANCE EFFECT.
THE INCREASED FENCE HEIGHT WOULD PROVIDE ADDITIONAL SECURITY AND SCREENING FOR THE TELECOMMUNICATION SUBSTATION.
AND TWO, THE PROPERTY OCCUPIES AN ENTIRE BLOCK FACE AND WOULD NOT IMPACT THE ESSENTIAL CHARACTER OF THE SURROUNDING AREA.
ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
AND THE HISTORIC WESTSIDE RESIDENCE NEIGHBORHOOD ASSOCIATION IS IN FAVOR.
AND THIS IS THE SUPPORT RECEIVED BY THE NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
UH, I JUST HAVE ONE QUICK QUESTION.
UM, AS A, AS A TELEPHONE SUBSTATION THAT CONSIDERED AN INDUSTRIAL USE, UM, BY, BY STAFF.
UM, SO IF IT'S PERMITTED IN THE COMMERCIAL AND INDUSTRIAL, UH, THE STANDARDS ARE BASED OFF COMMERCIAL, BUT YES, IT CAN BE CONSIDERED INDUSTRIAL.
I WAS ASKING 'CAUSE ON THE FENCE, THEY, THEY WOULD HAVE AN EIGHT FOOT BY RIOT IF IT WAS, SO WHEN I SEE INDUSTRIAL USE, I'M THINKING, YOU KNOW, THERE'S A DIFFERENCE BETWEEN THE ZONING AND THEN WHAT? YEAH, I THINK WE HAD A SIGNAL, OUR PLACE WITH THE STORAGE, UH, FACILITY A WHILE BACK WITH THE SAME PERMIT ON BOTH, BUT SINCE IT WAS ZONE COMMERCIAL, THEY HAD TO COME TO THE BOARD.
UM, SO IF THIS HAD BEEN, WE'LL SAY A POWER PLANT OR SOME OTHER, WE'LL SAY CITY PROVIDED SERVICE OUTSIDE, I I THINK THIS IS, UH, SPRINT.
SO IF IT HAD BEEN A CITY ONE WOULD'VE BEEN EIGHT FOOT BY RIGHT THEN FOR, FOR YEAH.
UM, WE MADE THE, UH, INTERPRETATION AS CPS, UM, CAN'T HAVE IT BY RIGHT.
INSTEAD OF HAVING TO COME TO A BOARD.
UM, BUT THIS ONE WOULD HAVE TO, WELL HOLD ON.
GOVERNMENT FACILITIES ISN'T CPSA GOVERNMENT FACILITY? CORRECT.
IF THIS WAS A GOVERNMENT FACILITY, IF THIS WAS A CITY FACILITY, THEN YES, THE RULES, THEY CAN HAVE RULES, UM, THAT THEY WOULD BE PERMITTED.
BUT WHAT, GOING BACK TO THE OTHER QUESTION BECAUSE THIS IS ZONED COMMERCIAL, WE GO, WE DON'T ALLOW AN INDUSTRIAL, UH, FENCE HEIGHT.
I MEAN IT IS AN INDUSTRIAL USE, BUT IT IS PERMITTED BOTH ON COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS.
SO WE'RE GOING WITH THE COMMERCIAL FENCE HEIGHT.
SO IF THIS WAS ZONED I ONE OR L CORRECT, THEY WOULD NEED TO BE HERE? THAT IS CORRECT.
IF THERE'S NOTHING ELSE, LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR EVENTS.
HI, UM, I'M ADRIANA MARROW REPRESENTING THIS PROPERTY AT 500 TAMPICO STREET.
UM, THE PRIMARY REASON WE'RE REQUESTING A TALLER FENCE IS THIS PROPERTY HAS BEEN EXPERIENCING BREAK-INS, CAMPING, ILLEGAL DUMPING OF FURNITURE AND ALL KINDS OF, ALL KINDS OF THINGS ON THE PROPERTY.
SO, UM, THE CURRENT SIX FOOT FENCE WITH BARBED WIRE ISN'T CUTTING IT, CUTTING IT.
SO WE NEED TO BEEF IT UP AND THAT'S WHY WE'RE REQUESTING
[01:35:01]
THIS VARIANCE.ALRIGHT, UH, STAFF, IS THERE ANY VOICEMAILS AT YOU TIME TO SPEAK? NO PUBLIC COMMENT.
IS THERE ANY COMMISSIONER QUESTIONS? MAANA COMMISSIONER AMANDA? SO, SO, UM, ARE THERE ANY KIND OF BUFFER REQUIREMENTS, UH, LANDSCAPING BUFFER REQUIREMENTS THAT, FOR THIS TYPE OF PROPERTY OR, OR IS THAT, UM, SO THE BUFFER WOULDN'T, UM, WOULDN'T, UM, CHANGE THE FENCE HEIGHT, CORRECT? I JUST, BUT IF THEY'RE PUTTING BARBED WIRE, YES.
UM, I DON'T THINK THIS IS A, IT JUST WOULD BEARING AROUND IT.
I DIDN'T KNOW IF THERE IF THAT ALSO APPLIED, BUT, SO, BUT IF WE'RE TRYING TO, UH, I GUESS KEEP IT OPEN, THAT WOULDN'T MAKE SENSE, BUT, UM, YOU, IT WOULD LOOK BEARING AROUND IT.
SO JUST WANTED MAKE SURE IT IS A LOCAL STREET SO THEY WOULDN'T HAVE ANY.
I, ANY OTHER QUESTIONS? UH, HEARING NONE, UH, LET'S HAVE, LOOKING FOR A MOTION.
CRUZ COMMISSIONER CRUZ REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 2 0 0, I MOVE AT THE BOARD OF ADJUSTMENT.
GRANTED REQUEST FOR A FIVE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT PRIVACY FENCE HEIGHT TO ALLOW AN EIGHT FOOT PRIVACY FENCE ALONG THE FRONT YARD, SITUATED 500 DICO STREET APPLICANT BEING ADRIANA MODEL, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER, THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
SINCE AN EIGHT FOOT FENCE IS PERMITTED BY RIGHT ALONG THE REAR END SIDES OF THE PROPERTY, EXTENDING THE SAME HEIGHT TO THE FRONT WILL ENSURE A CONTINUOUS BARRIER PROVIDING THE ENHANCED SECURITY NEEDED FOR THE TELECOMMUNICATION SUBSTATION BE THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPERTY OCCUPIES ITS HOME BLOCK, FA BASED AND IS SITUATED IN A MIXED USE AREA THAT INCLUDES UNIQUE FEATURES SUCH AS GREENWAY PARK, A ROAD RAILROAD, AND A CEMETERY.
SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE INCREASED FRONT YARD FENCE HEIGHT WOULD NOT SUBSTANTIALLY INJURE NEIGHBORING PROPERTY.
SAYS IT DOES NOT, UH, DOES NOT OBSTRUCT VISIBILITY OR CREATE SITE DISTANCE ISSUES DUE TO ITS LOCATIONS ON A SEPARATE BLOCK.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER SURROUNDING AREA AS THE FENCE IS APPROXIMATELY SET BACK FROM THE PUBLIC RIGHT OF WAY.
AND WITH THE PROPOSED INCREASE HIGH, IT WILL PRESERVE THE EXISTING APPEARANCE OF THE ORIGINAL FENCE.
EITHER A SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DIS DISTRICT.
THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS IT WILL PROVIDE THE ADDITIONAL SECURITY NECESSARY TO DETERIOR BREAK-INS AND ILLEGAL DUMPING OCCURRING ON THE PROPERTY.
SECOND BY COMMISSIONER BENAVIDES.
UM, I UNDERSTAND THE PROBLEMS THEY'VE BEEN HAVING, OF COURSE, THAT'S, UM, VERY UNIQUE AREA AND UNFORTUNATELY SINCE IT DOESN'T HAVE ANY NEIGHBORS, NOBODY KNOWS WHEN ANYBODY GOES AND DUMPS WHAT ELSE IS NEW AROUND HERE,
BUT, UH, I, I DO SEE THE PROBLEMS AND I DO NOT SEE A PROBLEM WITH THEM HAVING AN A PUT FENCE.
COMMISSIONER BENAVIDEZ? I I CAN CON I AGREE WITH, UH, COMMISSIONER CRUZ.
IT'S THE ONLY BUILDING ON ON THE BLOCK.
IT'S NOT GOING TO, UH, INTERFERE WITH ANY OTHER, ANY OTHER BUILDING.
SO I'LL BE IN SUPPORT OF IT AS WELL.
IS THERE ANYONE ELSE LIKE TO ADD MANNA COMMISSIONER MANNA? SO ALSO JUST RECOGNITION AT THE HISTORIC WEST SIDE IS IN FAVOR OF THIS, SO, SO THE COMMUNITY IS, UH, THINK THIS IS A GOOD IDEA AS WELL.
UH, AND I'LL JUST CLOSE BY SAYING IT, YOU KNOW, I IT'S AN INDUSTRIAL USE EVEN THOUGH IT'S OWN COMMERCIAL.
I THINK THE INTENSE AIR, I THINK AN EIGHT FOOT FENCE, UH, IS PROBABLY A SHOULD BE ALLOWED.
HAVE A ROLL CALL, VOTE PLEASE.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
AND CHAIR AND I CONCUR THE FINES OF FACT.
[01:40:01]
THIS IS BO OA CASE TWO FIVE DASH 1 0 3 0 0 2 0 1 AT 4 7 11 GREENWOOD AVENUE DISTRICT FIVE.THE APPLICANT IS CHRISTOPHER ROMAN.
THE REQUEST IS FOR ONE A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW FOR A ONE FOOT SEVEN INCH SIDE SETBACK TO INCLUDE A 14 INCH OVERHANG AND TWO, A FIVE FOOT SIX INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW FOR A NINE FOOT SIX INCH DRIVEWAY.
CLEAR VISION IN THE REAR OF THE PROPERTY.
THE SUBJECT PROPERTY IS LOCATED JUST SOUTH OF DOWNTOWN AND EAST OF SOUTH FLORIDA STREET.
THE PROPERTY SUSTAINED FIRE DAMAGE ON NOVEMBER 4TH, 2024, WHICH DAMAGED THE WALL CEILING AND ROOF.
RESIDENTIAL BUILDING PERMIT WAS SUBMITTED WITH THE INTENT TO BUILD A NEW HOME ON AN EXISTING FOUNDATION AND WOULD NEED A VARIANCE FOR THE SET, UH, SETBACK WHILE ON A STAFF VISIT, SAT NOTICED AND MEASURED THE CLEAR VISION FOR THE DRIVEWAY AND DETERMINED THE NEED FOR AN ADDITIONAL VARIANCE TO BE ADDED.
CERTIFICATE OF DETERMINATION WAS ISSUED ON SEPTEMBER 15TH, 2025 FOR A SINGLE FAMILY DWELLING ON THE LOT.
THIS IS THE SUBJECT PROPERTY THAT IS THE DRIVEWAY CLEAR VISION.
THE SURROUNDING AREA STAFF RECOMMENDATION FOR THE SIDE SETBACK IS DENIAL.
STAFF RECOMMENDS DENIAL IN BO OA TWO FIVE DASH 1 0 3 0 0 2 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE WOULD BE CONTRARY TO THE PUBLIC INTEREST AS AN IN INSUFFICIENT SPACE WOULD REMAIN TO PERFORM GENERAL MAINTENANCE TO THE NEW CONSTRUCTION WITHOUT ACCESSING ADJACENT PROPERTY.
AND TWO, THE REDUCED DISTANCE BETWEEN STRUCTURES WOULD AGGREGATE THE RISK OF FIRE SPREAD AND DAMAGE FROM WATER RUNOFF.
STAFF RECOMMENDATION FOR THE DRIVEWAY CLEAR VISION IS APPROVAL.
STAFF RECOMMENDS APPROVAL AND BO OA TWO FIVE DASH 1 0 3 0 0 2 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE, UH, DO NOT IMPACT TO DRIVEWAY CLEAR VISION OR PUBLIC RIGHT OF WAY.
SAFETY AND THE REQUESTED VARIANCE WILL NOT ALTER THE IN ESSENTIAL CARE STATISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
LEO'S NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
AND THAT CONCLUDES THE SAS PRESENTATION.
UH, JUST UH, TO CLARIFY, UH, UH, FACILITIES DAMAGED BY FIRE IS THE 50% RULE KICK IN CORRECT, UH, 50% OF THE, UM, FLOOR AREA AND, UH, PLEASE DISREGARD LANGUAGE OF, UH, IN AR REAR OF THE PROPERTY FOR THAT CLEAR VISION.
UH, SO HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
HI, I AM CHRISTOPHER VERMAN AND UH, I AM, UH, UH, WE'RE BUILDING THIS, THIS PROPERTY BACK UP.
BUT, UH, THAT THIS, THIS PROPERTY HAS BEEN, IT WAS PLOTTED IN 1905 AND THEN, UH, IT WAS BUILT IN 1952.
THAT HOUSE HAS BEEN SITTING NEXT TO THE OTHER HOUSE FOR 77 YEARS.
AND THIS IS THE FIRST TIME OUR, THIS HOUSE BURNED AND DID NOT CATCH EITHER ONE ON FIRE, BUT THEY'D BEEN SITTING NEXT TO EACH OTHER FOR SEVEN, SEVEN YEARS.
AND THE FLOOR, THE, THE FOUNDATION WAS BEEN THERE THAT SETBACK FOR, YOU KNOW, FOR SEVEN, SEVEN YEARS.
BUT WE DON'T, UH, SOMEBODY ELSE BUILT THE PROPERTY FROM THE BOTTOM UP AND I TOOK OVER THE PROJECT AND, UH, PEOPLE NEVER ASKED FOR PERMITS AND, AND STUFF.
I THOUGHT HE HAD PERMITS, BUT WHEN I WALKED IN I TOLD THE OWNER, YOU NEED TO STOP.
WE NEED TO GET PERMITS, WE NEED TO, WE KNEW TO DO THIS THE RIGHT WAY.
AND UM, AND I TRIED DOING THAT AND I'VE BEEN HERE FOR ALMOST FOUR AND A HALF MONTHS TRYING TO GET THIS PROPERTY, UH, BACK, UH, FLOW.
BUT, UH, YOU KNOW, THIS, THIS IS THE, WHERE WE'RE STOPPED HERE FOR FOUR AND A HALF MONTHS AND I'M JUST TRYING TO GET BACK THE PROPERTY SO WE CAN CONTINUE WITH THIS SO THAT MAN CAN GET HIS HOUSE BACK.
AND THEN IT LOOKS LIKE ON THE SIDE IN QUESTION THERE IS, THERE'S A BACKYARD IN THE REAR PART OF IT IN THE FRONT, IN, IN THE FRONT PART OF IT.
IT'S, IT'S NEXT TO A, UH, ANOTHER HOME OR IS THAT AN ACCESSORY BUILT? IT'S A, IT RIGHT NEXT TO A HOME THAT WAS BUILT.
I DON'T KNOW AT WHAT TIME WAS WAS BUILT, BUT IT'S GOT ABOUT NINE FEET FROM THE BACKSIDE OF IT.
BUT WHEN THIS HOUSE BURNED IN QUESTION, IT NEVER BURNED THE, THE HOUSE NEXT DOOR.
IT IT, BUT I'M STILL, I'M STILL ON THE PROPERTY HERE ON THAT WALL THAT'S CLOSE TO THE THREE FEET.
I'M STILL, UH, I'M GONNA PUT SOME, UH, FIVE EIGHTS FIRE HALL, DOUBLE THE DOUBLE THE, UH,
[01:45:01]
I'M GONNA PUT TWO, LIKE ONE SECTION I'M GONNA READ PUT, SO TWO, SO THAT WILL GO OVER THE MINUTES, OVER AN HOUR.AND THEN ON THE TOP I'M GONNA PUT TWO, UH, TOP PLATES ON THE TOP AND ON THE BOTTOM TWO TIGHT PLATES.
AND THEN ON THE BOTTOM OF THE FLOOR, I'M STILL GONNA PUT DRYWALL FIVE EIGHTS.
SO IN CASE THEY EVER CATCHES ON FIRE, IT WOULD NOT GO TO THE NEXT PROPERTY AT ALL, AT LEAST.
AND, AND THIS, AND YOU'RE USING THE EXACT SAME FOUNDATION FOOTPRINT? YES.
THAT IT WAS USED, WHOEVER BUILT IT WAS USED.
UH, THEY, THEY KNOCKED DOWN THE HOUSE AS BARE BURN AND LEFT THE FOUNDATION AND THEN THEY BUILT THE HOUSE FROM THAT POINT OUT, WHICH I WENT AND, UH, FIRE CEMENT INSPECTOR WENT AND WE SAW IT AND IT WAS WELL BUILT.
BUT, UH, I UNDERSTAND THE, THE PERSON DID NOT HAVE PAPERS AND HE GOT PICKED UP BY ICE AND HE'S NOT HERE NO MORE.
SO WE TOOK OVER THE PROJECT, BUT THE HOUSE WAS WELL BUILT.
BUT, YOU KNOW, WE JUST GOT A, YOU KNOW, WELL MY, SO MY QUESTION WAS, IT LOOKS LIKE THE PREVIOUS HOME HAD A FLAT ROOF, UH, AND YOUR HOME HAS A PITCH ROOF.
DO YOU HAVE GUTTERS ON ON THAT SIDE IN QUESTION? THE, THE THE HOUSE, UH, NO.
IT DOESN'T HAVE NO GUTTERS, NO.
I SEE COMMISSIONER MANNA HAS A QUESTION.
UM, SO, SO, SO, UH, ONE OF THE THINGS WE ALWAYS LIKE TO TALK ABOUT IS ENSURING THAT WE DON'T DAMAGE PROPERTIES NEXT TO US.
AND SO, AND PART OF THE DIALOGUE HERE IF WE HAVE A SLOPED ROOF IS A DIALOGUE ABOUT GUTTERS.
AND SO, UM, YOU KNOW, TO PREVENT THE WATER OR NOT GOING ONTO THE NEIGHBORING PROPERTIES, ESPECIALLY WHEN IT IS THAT WE'RE LOOKING FOR THAT VARIANCE TO BE AS CLOSE AS IT IS.
AND SO SOMETIMES, UM, WE'LL HAVE APPLICANTS AMEND THEIR APPLICATION TO INCLUDE GUTTERS.
'CAUSE THAT MAY, UH, BODE WELL FOR OTHERS ON THE BOARD HERE, INCLUDING MYSELF.
'CAUSE I DO LIKE TO HAVE GUTTERS.
UM, SO, SO, SO THAT'S ONE QUESTION HERE.
SO I GUESS WOULD YOU CONSIDER M AND INTO YOUR APPLICATION TO INCLUDE GUTTERS? OH YES.
I, I WILL PUT THE GUTTERS, YES.
AND THEN THE SECOND THING, UM, SO, AND MAYBE A QUESTION FOR A CITY STAFF AND I, I DON'T KNOW IF I'VE ASKED THIS QUESTION IN THE PAST IS SO, SO IT DOES, OKAY, I'LL ASK YOU FIRST.
SO DO YOU KNOW WHAT THE DISTANCE IS BETWEEN, UM, THE NEIGHBORING HOUSE AND YOUR HOUSE WITH REGARDS TO THE DISTANCE BETWEEN THE TWO PROPERTY OR THE, THE TWO STRUCTURES? NINE, NINE FEET, SIX INCHES.
SO, SO IT'S, UM, SO I BELIEVE IT, IT, UH, FOR FIRE RATING IT'S SUPPOSED TO BE 10 FOOT, I THINK, UH, BETWEEN THE TWO PROP BETWEEN THE TWO HOMES.
SO IF IT IS THAT THIS GETS APPROVED, UM, SO WOULD THE ABUTTING PROPERTY ALSO HAD TO LOOK AT FIRE RATING AT ALL OR JUST ONE HOME HAS TO DO IT OR IT WOULD JUST BE THE NEW DEVELOPMENT? SO JUST A NEW DEVELOPMENT.
ALRIGHT, ANYONE ELSE LIKE TO HAVE ANYONE ELSE WITH A QUESTION? IS THERE ANY VOICEMAILS? UH, HAS ANYONE SENATOR TO SPEAK? NO PUBLIC COMMENT.
ALRIGHT, WELL I THINK IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION MANNA.
COMMISSIONER MANON, UM, REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 2 0 1, I MOVED TO THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR ONE A THREE FOOT FIVE INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A ONE FOOT SEVEN INCH SIDE SETBACK, UH, TO INCLUDE A 14 INCH OVERHANG WITH GUTTERS.
UM, AND TWO, A FIVE FOOT SIX INCH VARIANCE FOR THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A NINE FOOT, SIX INCH DRIVEWAY CLEAR VISION IN THE REAR, OR NINE FOOT CLEAR.
OH, IS THAT WHAT NEEDED IT ALL? SO THE SECOND.
UH, SITUATED AT 4 7 1 1 GREENWOOD AVENUE, APPLICANT BEING CHRISTOPHER ROMAN, UH, BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS LAW 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.
UM, WITH REGARDS TO SIDE SETBACK, THIS REQUEST WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS ADEQUATE SEPARATION WOULD REMAIN BETWEEN STRUCTURES.
UM, TWO, DUE TO SPECIAL CONDITIONS, A LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A UM, WITH REGARDS TO THE SIDE SETBACK, A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A REDUCED SETBACK PROVIDES ADEQUATE SEPARATION BETWEEN THE STRUCTURES.
BY GRANTING THE VARIANCE, THE SPEAR OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE WITH REGARDS TO THE SIDE SETBACK.
SUCH VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS REDUCED DISTANCE BETWEEN THE STRUCTURES WOULD NOT SUBSTANTIALLY AGGRAVATE THE RISK OF FIRE SPREAD AND DAMAGE FROM THE WATER RUNOFF.
UH, FOUR, UH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED.
AND THE ZONING SEQUENCE VARIANCES LOADED, LOCATED, UM, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
UM, FIVE SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALL ESSENTIAL CHARACTER OF THE DISTRICT, WHICH HIS PROPERTY IS LOCATED.
UM, WITH REGARDS TO THE, UM, UM, THE SIDE SETBACK, THE VARIANCE WOULD NOT ESSENTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS ADEQUATE SEPARATION WOULD REMAIN BETWEEN STRUCTURES.
[01:50:01]
UM, SIX, APPLY TO THE OWNER OF THE 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 OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS AND DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
UH, THE PLIGHT OF THE OWNER IS NOT DUE TO THE UNIQUE CIRCUMSTANCES AS EXISTING FOUNDATIONS INTENDED TO BE REUSED FOR THIS CONSTRUCTION, WHICH LIES WITH THIS MINIMUM REQUIRED SETBACK.
AND WAS THERE ANYTHING THAT I NEEDED TO, UH, WITH REGARDS TO CITY, UH, WITH REGARDS TO THE CLEAR VISION? WE STILL NEED TO READ IT.
IT'S JUST THAT LANGUAGE ABOUT THE REAR.
SO, UM, SO REGARDING CLEAR VISION NUMBER ONE, UH, IS NOT CONTRARY TO THE PUBLIC, UH, INTEREST AS THE REDUCED DRIVEWAY CLEAR VISION AREA CONSISTENT WITH THE SURROUNDING AREA, IT WOULD NOT SUBSTANTIALLY INCREASE THE RISK OF HARM TO PEDESTRIANS OR MOTORS, UH, ALONG THE STREET.
UH, FOR TWO, UM, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NOT RESULT IN UNNECESSARY HARDSHIP AS THE CURRENT DRIVEWAY ALREADY EXISTS AND IS NOT A HINDRANCE TO THIS SURROUNDING PROPERTY.
UH, THREE, UM, GRANTING THE VARIANCE WOULD, UH, WOULD SUPPORT THE SPIRIT OF THE ORDINANCE AS THERE IS NO SIGNIFICANT ENCROACHMENT INTO THE RIGHT OF WAY THAT WOULD IMPEDE TRAFFIC OR PEDESTRIAN SAFETY OR HINDER MAINTENANCE ISSUES.
AND FOUR, UM, UH, NOTHING NEEDED TO BE ADDED THERE.
AND WITH NUMBER FIVE, THE, UH, GRANTING THE VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, WHICH HIS PROPERTY IS LOCATED AS THE EXISTING FENCE MATCHES THE ESTABLISHED FRONT YARD FENCE LINE IN THE AREA.
AND SIX, UM, THE STAFF FINDS IT APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO, UH, UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY AND NOT MERELY FINANCIAL.
AND THE FENCE IS NOT OBSTRUCTED CLEAR VISION.
SO, UM, SO THE CITY'S GOING TO, UH, AS THEY GO THROUGH THE, THE, UM, UM, DECODING IT, IT WILL REQUIRE THE FIRE, UH, THE FIRE SEPARATION, UM, REQUIREMENTS FOR THE PROPERTY ITSELF TO ENSURE THAT, UM, YOU KNOW, IT DOESN'T CAUSE FIRE SPREAD, UM, YOU KNOW, IT IS ON THE EXISTING FOUNDATION.
AND SO THANK YOU FOR, FOR FOLLOWING UP WITH THAT.
AND SO WE, WE CERTAINLY NEED, UH, THE HOUSING STOCK AND THE FENCE IS CONSISTENT WITH THE REST OF THE COMMUNITY.
WITH ALL THE IMPROVEMENTS, IT, UH, HAS ALREADY BEEN DONE AND WILL BE ADDED.
I DON'T SEE A PROBLEM WITH, UH, GRANTING THIS, UH, VARIANCE.
DOES ANYONE ELSE LIKE TO ADD HEARING NONE? HAVE LOCAL VOTE? COMMISSIONER MANANA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER ZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, IF YOU HAPPEN TO HAVE ANY QUESTIONS, UH, YOU CAN GET WITH STAFF.
WE'RE GONNA HAVE OURSELVES A LITTLE SEVEN MINUTE BREAK.
WE'LL SEE Y'ALL BACK AT 3 0 1.
WE ARE ON ITEM NUMBER NINE, BO A TWO FIVE DASH 1 0 3 0 0 2 0 3 FOR ADDRESS 1 0 4 1 DELGADO STREET AND COUNCIL DISTRICT FIVE.
THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW FOR A ONE INCH SIDE SETBACK FROM THE WESTERN PROPERTY LINE.
AND A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SET BACK REQUIREMENT TO ALLOW FOR A TWO FOOT SIDE SET BACK FROM THE EASTERN PROPERTY LINE.
THE ZONING IS R THREE CD FOR TWO DWELLING UNITS.
THE SUBJECT PROPERTY IS LOCATED EAST OF, UH, NORTH OUR OF MORRIS STREET AND JUST NORTH OF THE ALZA ALZA CREEK.
THE PROPERTY WAS INSPECTED BY A CODE ENFORCEMENT OFFICER, WHICH FOUND THAT THE, SINCE THE WALLS OF THE HOUSE WERE REBUILT, A VARIANCE WOULD BE REQUIRED AS IT IS NOW CONSIDERED A NEW BUILD HOUSE THAT HAS BEEN CONSTRUCTED WITHIN THE SETBACKS.
THE PROPERTY WAS REZONED AS A PART OF A LARGE AIR REZONING, WHICH DOES NOT PROVIDE A SITE PLAN FOR THE CONDITIONAL USE.
THE BUILDINGS TO THE REAR IS A STORAGE UNIT AND THE PROPERTY IS DEV BEING DEVELOPED AS A SINGLE FAMILY LOT.
THIS IS THE SITE PLAN AND AS YOU CAN SEE, THE SECTION THAT'S REBUILT IS IN THE MIDDLE.
THIS IS THE SUBJECT PROPERTY, THAT'S THE SUBJECT PROPERTY.
STAFF RECOMMENDATION IS DENIAL AND BO OA TWO FIVE DASH 1 0 3 0 0 2 0 3.
BASED ON THE FOLLOWING FINDINGS OF FACT, THE VARIANCE WOULD BE CONTRARY TO PUBLIC INTEREST AS INSUFFICIENT SPACE WOULD BE, WOULD REMAIN TO PERFORM GENERAL MAINTENANCE TO THE
[01:55:01]
NEW CONSTRUC CONSTRUCTION WITHOUT ACCESSING THE ADJACENT PROPERTY.AND THE REDUCED DISTANCE BETWEEN STRUCTURE WOULD AGGREGATE THE RISK OF FIRE SPREAD AND DAMAGE FROM WATER RUNOFF 44 MAIL.
UH, NOTICES WERE MAILED ZERO IN FAVOR AND ZERO OPPOSED.
AND THE WE WEST END HOPE AND ACTION NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
AND THAT CONCLUDES THE STAFF'S PRESENTATION.
ALRIGHT, AND AGAIN, A QUESTION AGAIN ABOUT THE, SO HE'S REPAIRING THE WALLS WITH THE 50% RULE ON COST OR IS IT AMOUNT? UM, IT WAS THE EXTENSIVE OF THE INTERIOR WORK.
THAT BUILDING REVIEW, UM, MADE THE, UH, DECISION THAT THIS WAS CONSIDERED A NEW BUILD ON THAT PORTION.
SO AND SO LOOKING AT THE BUILDING ITSELF, SO, SO WAS ANY WORK DONE ON THE FRONT PART TO BE CONSIDERED PART OF THAT CALCULATION OR WAS IT JUST THE MIDDLE SECTION? JUST THE MIDDLE.
SO, SO CAN YOU STATE YOUR NAME PLEASE? OH, SOCHI ACHI BARBO.
AND SO, SO PER THE 50% DIALOGUE, YOU KNOW, SO IT LOOKS LIKE ONLY, YOU KNOW, THAT WOULD BE ONE THIRD OF TWO THIRDS LOOKED LIKE IT WAS IMPACTED.
SO JUST TRYING TO UNDERSTAND THOSE NUMBERS.
UM, YEAH, IT WAS THE EXTENT OF WORK THAT WAS BEING DONE.
UM, I GUESS NOT JUST RENOVATION, JUST COMPLETE RECONSTRUCTION WHENEVER BUILDING REVIEW, UM, MADE THEIR ANALYSIS ON THIS.
DID, DID, WAS THERE ANY NOTES ABOUT THEM, UM, ABOUT WHETHER THEY EXPANDED THE FOOTPRINT OR THEY STAYING WITHIN THE EXISTING, IF I REMEMBER CORRECTLY, THEY'RE STAYING WITHIN THEIR BUILDING FOOTPRINT, BUT OKAY.
YEAH, BECAUSE THIS HOUSE WAS BUILT IN 1930.
AND, AND SO I'LL JUST, LET ME JUST ASK YOU A QUICK QUESTION BEFORE YOU START YOUR PRESENTATION PLEASE.
UM, DO YOU HAVE A STANDARD FOUNDATION OR A PM BEAM? NO, IT'S A FOUNDATION.
IS IT STANDARD OR PM BEAM? I DON'T KNOW, WHAT DID YOU ACTUALLY IT'S IN PRO.
IT'S PBP BEAM AND, AND THE BACK IS STANDARD.
STANDARD AND THE REST, BUT IT'S ALL, UH, YOU CAN SPEAK INTO THE
WELL, ACTUALLY SHE COME OVER TO HELP ME BECAUSE MY ENGLISH IS NOT VERY GOOD FOR, ANYWAY.
IT'S A PER FOUNDATION IN THE FRONT, AND THEY, THE OTHER PART IT WAS FOUNDATION STANDARD STANDARD.
AND THE TOP IS STANDARD FOUNDATION ALL OVER.
WELL, I'M GONNA GET BACK ON TRACK AND, AND PLEASE TELL US ABOUT YOUR PROJECT.
SO, UM, INITIALLY WE HAD AN ARCHITECT AND, UM, AN ENGINEER THAT WERE IN CHARGE OF THIS, UH, PROJECT.
EVERYTHING'S BEEN DONE EXCEPT FOR THE FINAL FRAMING.
UM, AND SO WHAT NEEDS TO BE DONE NOW IS THE, UM, INSULATION AND THE SHEET ROCK.
SO WE, WE, WE DID ALL THIS AND WE WERE GOING THROUGH THE INSPECTIONS AND WE WERE GETTING APPROVED.
BUT THEN WHEN THEY SET THAT WE NEEDED TO PAY FOR SEVEN WINDOWS, WHICH WERE EXISTING, BUT THEY WEREN'T IN THE SYSTEM.
AND WE CAME IN AND WE WENT TO PAY THE WINDOWS.
THEY SAID, NOPE, THIS IS A NEW ADDITION.
AND WE HAD TO DO THE, THE WHOLE PROCESS OVER.
WE DID GET THE CERTIFICATE OF DETERMINATION.
UM, IT WAS APPROVED AND, UM, NOW WE'RE, THAT'S WHY WE'RE HERE IS BECAUSE WE HAD TO REDO THE PROCESS.
DO YOU RECALL HOW YOU APPLIED FOR A PERMIT? WAS IT AS A, AS A REMODEL OR FOR NEW CONSTRUCTION, OR IT WAS A RESIDENTIAL, UM, RESIDENTIAL BUILDING PERMIT.
UM, MBR, UM, MINOR BUILDING REPAIR.
UH, IS THERE ANY VOICEMAILS OR ANYONE SIGNED TO SPEAK ABOVE A COMMENT? ALRIGHT, UM, WE'RE OKAY.
UM, WITH THAT, IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE MOVE ON? NOPE.
WELL THEN I'M LOOKING FOR A MOTION.
I, I WAS GONNA, I'D LIKE TO CONFIRM IF WE WERE TO APPROVE THIS VARIANCE TODAY, THEY WOULD STILL HAVE TO MEET ALL OF THE FIRE CODE AND ALL OF THE OTHER YES.
WHICH INCLUDES, YOU KNOW, FIRE CODE AND YES, WE'VE MET THOSE ELECTRICAL AND EVERYTHING ELSE.
THE ELECTRIC IS ON YOU, STEP BACK, PLUMBING.
AND THEN YOUR NEIGHBORS, WE NO OPPOSITION FROM THE NEIGHBORS ON EITHER SIDE.
THEY SUPPORT THE PROJECT AND WE GOT A PERMISSION TO, UH, WORK ON BOTH SIDES IF THEY NEEDED TO GO INTO THEIR AREAS.
DID YOU GET THAT IN WRITING LIKE AN EASEMENT OR? NO, BUT WE CAN GET IT.
ONE OF 'EM IS A RENTAL PROPERTY AND ONE IS OWNED.
ALRIGHT, LET'S LOOKING FOR A MOTION.
OH, OZUNA COMMISSIONER ZUNA, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 3 2 3, I MOVE THAT THE BOARD
[02:00:01]
OF ADJUSTMENT GRANT TO REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW ONE INSIDE SETBACK FROM THE WESTERN PROPERTY LINE INTO A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A TWO FOOT SIDE SETBACK FROM THE EASTERN PROPERTY LINE SITUATED AT 10 41 DELGADO STREET.APPLICANT BEING, UM, LET ME SOCHI BBO SOCHI SOCHI BBO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST.
THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS ADEQUATE SEPARATION BETWEEN THE STRUCTURES WOULD REMAIN FOR THE PURPOSE OF MITIGATING THE RISK OF DAMAGE FROM WATER RUNOFF AND FIRE SPREAD.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A COMPLETE REMODEL AND REDESIGN OF THIS EXISTING STRUCTURE, LAYOUT WOULD BE REQUIRED TO COMPLY WITH THE MINIMUM REQUIRED SETBACKS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE REQUEST WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS, AS ADEQUATE SPACE WOULD REMAIN BETWEEN STRUCTURES FOR THE VARIANCE, WOULD WITHOUT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED.
NO, NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WENT UP SUBSTANTIALLY INJU THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
THE VARIANCE WOULD ALLOW FOR THE RENOVATION OF UNIQUE STRUCTURE.
CONFIGURATION DESIGN THAT HAS HISTORICALLY CHARACTERIZED AS PROPERTY AND SIX APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL, THEY'RE NOT DUE TO THE RESULT OF THE GENERAL CONDITIONS OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCE EXISTING ON THE PROPERTY IS THE RED REDUCED SETBACKS THAT HAVE BEEN HISTORICALLY ESTABLISHED ON THE PROPERTY THE APPLICANT SEEKS TO REBUILD THE PRE-EXISTING WALLS TO MAINTAIN THIS STRUCTURE IN ITS CURRENT CONFIGURATION.
SECOND BY COMMISSIONER MANOCK.
SO I'M GONNA SUPPORT THE MOTION'S READ.
UM, SO THE APPLICANT IS MERELY TRYING TO REBUILD ON THE EXISTING, UM, FOOTPRINT OF THE, OF THE, OF THE PRIOR STRUCTURE.
UH, WITH RESPECT TO THE SIDE, I IMPACTING THE SIDE NEIGHBORS ON EITHER SIDE.
SHE HAS, UH, SUPPORT AND, AND, UH, PERMISSION FOR THEM TO, YOU KNOW, A ACCESS THE, THE SITE IF THEY NEED TO.
UH, AND THEN, UH, YOU KNOW, NO REAL OPPOSITION FROM THE NEIGHBORHOOD AND, AND SHE'LL COMPLY WITH ALL THE FIRE CODES AND BUILDING CODES, UH, AS SHE COMPLETES THE BUILD OUT OF THIS EXISTING PROPERTY.
COMMISSIONER MANNA? UM, YES, I, I CONCUR WITH MY COLLEAGUE.
AND, YOU KNOW, UM, THE SIDE THAT IS PUSHING, UH, ONE OF THE LIMITS IS, UH, DOES A BUTT, A DRIVEWAY.
SO, SO A LITTLE BIT OF BREATHING ROOM ON THAT SIDE.
UM, I DO HAVE CONCERNS WITH REGARDS TO THE OTHER SIDE 'CAUSE BOTH SIDES ARE REALLY, UH, UM, CLOSE TO THAT, TO THAT SHARED, THAT SHARED BOUNDARY THERE.
BUT, BUT, BUT THE FIREWALL RATING, YOU KNOW, WE WANT, WE WANNA MAKE SURE EVERYBODY'S SAFE AND SO, SO YOU NEED TO GO THROUGH THAT.
UM, SO I'LL BE VOTING IN FAVOR.
ANYONE ELSE LIKE TO ADD? UM, I'LL BE IN FAVOR BECAUSE I HAVE, UH, LICENSE AND I HAVE PROFESSIONALS IN THERE GOING THROUGH THE PERMIT PROCESS, SO I'M SURE EVERYTHING WILL BE WHAT IT'S SUPPOSED TO BE.
SO HAVE A ROLL CALL, VOTE PLEASE.
COMMISSIONER UNA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
AND I CONCUR WITH THE FINDINGS AND FACT.
I WOULD'VE NEVER KNOWN HOW TO PRONOUNCE THAT NAME.
ITEM NUMBER 10 IS BO OA DASH 25 DASH 0 3 0 2 5 AT 1319 BURNETT STREET IN CONSUL DISTRICT TWO.
A REQUEST FOR ONE, A THREE FOOT SEVEN INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR YARD SETBACK TO ALLOW AN ADDITION WITH A 16 FOOT FIVE INCH SETBACK AND TWO, A 10 FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A FOUR FOOT, FOUR INCH DRIVEWAY CLEAR VISION IN THE REAR OF THE PROPERTY.
THE SUBJECT PROPERTY IS LOCATED WEST OF NORTH NEW BRAUNFELS AVENUE, BORDERED BY BURNETT STREET AND BLAINE STREET.
THE EXISTING SINGLE FAMILY RESIDENCE, ALONG WITH AN ATTACHED GARAGE IN THE REAR WAS CONSTRUCTED IN 2020.
THE PROPERTY OWNER IS PROPOSING TO ADD A BEDROOM MEASURE MEASURE IN APPROXIMATELY 357 SQUARE FEET.
HOWEVER, THIS ADDITION WOULD EXTEND THREE FEET SEVEN INCHES INTO THE REQUIRED 20 FOOT REAR SETBACK.
NE NECESS
THE ADDITION, THE GARAGE IS LOCATED AT THE REAR OF THE HOME WITH ACCESS FROM BLAINE STREET.
THIS STREET PRIMARILY SERVES FOR TRASH COLLECTION
[02:05:01]
AND PROVIDES DRIVEWAY ACCESS TO THE REAR FACING GARAGES ALONG THE BLOCK.THE REAR FENCE WAS INSTALLED FOUR FEET, FOUR INCHES FROM THE CURB, WHICH ENCROACHES INTO THE 15 FOOT DRIVEWAY CLEAR VISION REQUIREMENT.
THEREFORE, A VARIANCE OF 10 FOOT EIGHT INCHES WOULD BE NEEDED TO ALLOW THE FENCE TO REMAIN AT ITS CURRENT DISTANCE FROM THE CURB.
AND THIS IS A SITE PLAN HIGHLIGHTING THE LOCATIONS OF THE VARIANCES AND THE CURRENT VIEW.
THIS IS FROM BURNETT STREET AND THIS IS THE AREA YARD AREA.
THE ADDITION IS GONNA BE IN LINE WITH WHAT'S EXISTING ALREADY AND WILL APPROXIMATELY END AT THAT RED LINE.
AND THIS IS THE DRIVING CLEAR VISION AS SEEN ON BLAINE STREET AND THE SURROUNDING AREA.
AND THIS IS THE SURROUNDING AREA SEEN FROM THE FRONT ADDRESS AT BURNETT STREET STAFF'S RECOMMENDATION FOR THE REAR SETBACK AND THE DRIVEWAY CLEAR VISION IS APPROVAL IN BOA DASH TWO FIVE DASH 1 0 3 0 0 2 0 5 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REAR SETBACK VARIANT PRESERVES A USABLE REAR YARD AREA WHILE MAINTAINING ADEQUATE SPACE FOR THE PURPOSES OF WATER RUNOFF, FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE.
AND TWO, THE DRIVER CLEAR VISION VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT NOR IMPACT TRAFFIC SAFETY AS SIMILAR FENCES LOCATED WITHIN THE DRIVER CLEAR VISION AREA ALONG THE REAR HAVE BEEN OBSERVED ALONG THE STREETSCAPE.
35 NOTICES WERE MAILED, ZERO WERE RECEIVED IN FAVOR AND ZERO IN OPPOSITION.
NUITY HILL NEIGHBORHOOD ASSOCIATION IS IN FAVOR, AND THIS IS THE COMMENTS STATED, THEIR APPROVAL FOR STATUS RECOMMENDATION.
THIS CONCLUDES STAFF'S RECOMMENDATION.
UH, CAN YOU BRING UP THE, UH, NEIGHBOR ASSOCIATION DOCUMENT REAL QUICK? YEAH, THAT ONE'S FOR A SHORT TERM S ST RIGHT? NO, THE, IT'S HIGHLIGHTED IN YELLOW.
I HAVEN'T SEEN, I HAVEN'T SEEN THEM DO THAT.
LET'S HAVE THE APPLICANT COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UM, I'M TONY MARTEL OR ANTONIO MARTEL.
UM, DESIGNER FOR MS. UH, RACHEL, UH, BINGHAM.
UM, SO WHAT THIS PRO, UH, PROJECT IS, IS IT'S, IT'S MOSTLY A, UH, A SECONDARY, UM, MASTER SUITE FOR A GROWING FAMILY.
UM, THE, THE SUITE WOULD NOT BE USED AS AN, UH, A A DU OR, UH, UH, UM, AN AIRBNB OR ANY SORT.
UH, IT'S JUST ADDED SQUARE FOOTAGE FOR THE EXISTING, UH, HOUSE.
UM, THE, NOW THE, THE, WHAT MAKES IT A LITTLE BIT UNIQUE IS THAT THE EXISTING FENCE IS THREE FEET BEYOND THE PROPERTY LINE.
SO IT, IT'S REALLY ALMOST 20 FEET FROM THE FENCE TO THE EXISTING OR TO THE, UM, UH, THE ADDITION.
UM, BUT BASICALLY THIS IS THIS, OH, THIS IS A, A, UH, UM, I GUESS, UH, UH, HOW WAS I SAY IT? IT'S, IT'S A, IT'S, IT'S A, OH, ANOTHER THING, UH, ONE OF THE, UH, COMMENTS THAT I'VE, I'VE BEEN KIND OF HEARING ON, ON PAST, UH, UH, CASES.
UM, THE HOUSE HAS EXISTING, UH, GUTTERS,
SO WE WILL BE ADDING GUTTERS FOR ANY RUNOFFS FOR, YOU KNOW, FOR THE, UH, UM, UH, NEIGHBORS ON THE SIDE.
UH, THAT'S, THAT'S JUST TO OKAY.
CONTINUE WITH THE, WELL, SO MY QUESTION FOR STAFF IS, UH, YEAH.
THE SITE PLAN THAT'S BEFORE US, IT DOES SHOW THE FENCE BEING ON CITY PROPERTY.
DOES THAT CHANGED THE, THE, THE AMOUNT OF, OF CLEAR VISION, UH, VARIANCE BEING NEEDED? UH, IT DOESN'T NOT, YEAH, IT GOES OFF OF THE, UH, WHERE THE STREET STARTS.
UH, WELL, UM, IS THERE ANY COMMISSIONER QUESTIONS? CRUZ, MR. CRUZ? OKAY.
LOOKING AT THE PICTURE THAT THEY'RE SHOWING ME OR I'M LOOKING AT NOW, UH, RIGHT THERE.
UM, SO THE FRONT OF THE HOUSE, IF YOU'RE SEEING, IF YOU'RE LOOKING AT THE FRONT OF THE HOUSE, THE ROOM WILL BE TO THE BACK ON THE RIGHT OR THE LEFT? ON THE LEFT SIDE.
THAT'S WHAT I THOUGHT, BUT I WANTED TO MAKE SURE.
ANYONE ELSE? STAFF, IS THERE ANY, ANYONE TIME TO SPEAK VOICEMAILS? NO OTHER COMMENT.
UH, IS THERE ANYTHING ELSE YOU'D
[02:10:01]
LIKE TO ADD BEFORE WE MOVE TO A MOTION? UM, I GUESS AESTHETICALLY IT'S GONNA LOOK EX UH, THE ADDITION WOULD LOOK EXACTLY HOW THE, UM, ORIGINAL HOUSE WOULD LOOK LIKE.SO IT'S NOT GONNA LOOK LIKE, UH, IN ADDITION IT'S GONNA LOOK LIKE PART OF THE, OF THE HOUSE.
AND IT DOES LOOK LIKE THE CITY REDID THE STREET BLAINE STREET.
IT USED TO, DIDN'T LOOK LIKE IT DOES NOW.
AT, AT ONE POINT IT LOOKED LIKE THERE WAS, UH, JUST AN ALLEYWAY.
LET'S, I'M LOOKING FOR A MOTION MANNA COMMISSIONER MANNA, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 2 0 5.
I HAVE MOVED THE BOARD OF ADJUST THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR ONE A THREE FOOT SEVEN INCH VARIANCE FOR THE MINIMUM 20 FOOT REAR YARD SETBACK TO ALLOW AN ADDITION WITH A 16 FOOT FIVE INCH SETBACK INTO A 10 FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT, UH, DRIVEWAY.
CLEAR VISION TO ALLOW A FOUR FOOT, FOUR INCH DRIVEWAY CLEAR VISION IN THE REAR OF THE PROPERTY, SITUATED AT 1 3 1 9, UH, BURNETT STREET.
UH, YNA EM, UH, BECAUSE, UH, OKAY.
UH, YNA TERA, UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDCS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED REAR SETBACK WOULD NOT SIGNIFICANTLY AFFECT THE REAR YARD AREA AS ADEQUATE SPACE WOULD REMAIN BETWEEN THE STRUCTURE AND THEIR REAR PROPERTY LINE.
THE REDUCED DRIVEWAY CLEAR VISION IS APPROPRIATELY SETBACK FROM THE PUBLIC RIGHT OF WAY AND DOES NOT IMPACT SAFE INGRESS AND EGRESS ONTO BLAINE STREET.
TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
AS THE LOTS LIMITED WITH MAKES REAR WORD EXPANSION, THE MOST REASONABLE OPTION FOR ENLARGING THE HOME, APPLYING THE SAME 15 FOOT CLEAR VISION STANDARD AS A PRIMARY PUBLIC DRIVEWAY IS UNNECESSARY, BURDENSOME, AND UNNECESSARILY BURDENSOME AND DIS DISPROPORTIONATE TO THE LEVEL OF RISK.
THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THERE IS SUFFICIENT SPACING BETWEEN THE STRUCTURE AND ROADWAY FOR MAINTENANCE WATER RUNOFF AND FIRE SAFETY.
THE FENCE DOES NOT SUBSTANTIALLY ENCROACH INTO THE PUBLIC RIGHT OF WAY OR POSE A RISK TO PEDESTRIAN AND TRAFFIC SAFETY FOR THE VARIANCE ARE NOT AUTHORIZED THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALL THREE, THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE ADJACENT PROPERTY OR THE PUBLIC RIGHT OF WAY WILL NOT SUBSTANTIALLY IN INJURE, UH, NOT BE, NOT BE SUBSTANTIALLY INJURED AS A 16 FOOT FIVE INCH AREA, UH, REAR YARD WOULD BE MAINTAINED.
AND THE REAR BLOCK FACE ALSO CONSISTS OF FENCES INSTALLED ALONG THE REAR IN A SIMILAR MANNER AS THE SUBJECT PROPERTY SIX APPLY TO 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 OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
STAFF FINDS THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES AS THE REAR OF THE PROPERTY IS BORDERED BY A SUBSTANDARD PUBLIC ROADWAY RATHER THAN AN ADJACENT RESIDENTIAL LOT.
SECOND BY COMMISSIONER BENAVIDEZ.
SO, UM, YEAH, I'LL BE VOTING IN FAVOR OF THIS, UM, FOR, UM, A COUPLE REASONS.
ONE IS THE, THE ABUTTING PROPERTY HAS A SIMILAR STRUCTURE WITH REGARDS TO ITS LAYOUT.
SO, SO IT LOOKS LIKE, YOU KNOW, IT'S CONSISTENT WITH THE COMMUNITY ITSELF.
UM, I THINK BEING THAT THE, UH, THE ADDITIONS IN LINE WITH EXISTING PROPERTY, UM, UM, BUILD OUT, UH, UM, YOU KNOW, IS NOT ALTERING REALLY THE SENSE OF THE, THE WAY THAT THE LOT IS LAID OUT.
AND, UH, THE THREE, UM, THE CITY SAYS THAT, UH, UH, THEY, UH, APPROVE THIS OR THEY ARE IN FAVOR OF THIS.
COMMISSIONER BEVIS, UH, I AGREE, UH, WITH MY, UM, COLLEAGUE FOR ALL THE SAME REASONS.
I'LL BE IN FAVOR OF THIS MOTION.
ANYONE ELSE LIKE TO ADD HEARING NOW? LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENES? YES, I CONCUR.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
[02:15:01]
VASQUEZ, I CONCUR.CHAIR ORIAN AND I CONCUR WITH THE FINES AND FACT.
MOTION PASSES UNANIMOUSLY, BUT IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN GIVE THE STAFF.
GOOD AFTERNOON, COMMISSIONERS.
ITEM NUMBER 11 IS CASE BOA DASH 25 DASH 0 3 0 2 1.
THE ADDRESS BEING 1529 LEE HALL IN COUNCIL DISTRICT ONE, THE APPLICANT BEING IVAN ALMA.
AND THIS IS A REQUEST FOR A THREE FOOT VARIANCE, EXCUSE ME, THREE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A SEVEN FOOT, PREDOMINANTLY OPEN FENCE WITH EIGHT FOOT SUPPORT POLES ALONG THE FRONT YARD OF THE PROPERTY.
THE SUBJECT PROPERTY IS LOCATED ON LEE HALL WEST OF IH 10.
BETWEEN THE INTERSECTIONS OF NEAR AVENUE AND THE IH 10 WEST ACCESS ROAD, THE APPLICANT IS SEEKING A THREE FOOT FENCE HEIGHT, SPECIAL EXCEPTION TO ALLOW A SEVEN FOOT, PREDOMINANTLY OPEN FENCE WITH EIGHT FOOT SUPPORT POLES ALONG THE FRONT YARD.
SHOWN HERE IS A SITE PLAN OF THE PROPOSED FENCE ALONG THE FRONT YARD OR, OR ALONG THE FRONT PROPERTY LINE.
AND SHOWN HERE IS THE SUBJECT PROPERTY AND THOSE SUPPORT POSTS AT A HEIGHT OF EIGHT FEET AND A SEVEN FOOT OVERALL FENCE HEIGHT AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 3 2 1 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
AND TWO, THE FENCE HEIGHT WILL PROVIDE ADDITIONAL SAFETY AND SECURITY FOR THE PROPERTY AND NEIGHBORING PROPERTIES.
STAFF MAILED OUT 28 NOTICES TWO WERE RETURNED IN FAVOR, UH, ZERO IN OPPOSITION.
THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPONSE, UH, DID NOT RESPOND, NO RESPONSE FROM COMMUNITY ORGANIZATIONS.
AND THE APPLICANT DID PROVIDE ADDITIONAL PUBLIC COMMENT THAT WE'LL DISPLAY HERE SHORTLY, UH, AT THE START OF THIS MEETING.
SO I'LL, I'LL GO AHEAD AND GET THAT PRESENTED RIGHT NOW.
WELL, LET'S HAVE THE APPLICANT COME FORWARD.
IF YOU COULD STATE YOUR NAME AND, UH, TELL US ABOUT YOUR PROJECT.
UM, MY NAME IS FLAVIO VASQUEZ.
UM, I'M HERE IN REPRESENTATION OF IVAN ALETTE.
HE WAS HERE EARLIER, BUT HE HAD TO GO PICK UP HIS DAUGHTER FROM SCHOOL.
UM, HE LIVES IN BURNEY, SO HE HAD TO GO DRIVE AND PICK HER UP.
UM, SO I COME HERE IN REPRESENTATION.
UM, I HAVE A LETTER, YOU HAVE TO SPEAK INTO THE, OH, SORRY.
UM, I HAVE A LETTER THAT I BELIEVE HE MADE, UM, AVAILABLE FOR, FOR YOU GUYS, UM, FROM IVAN.
SO IF I CAN READ IT, UM, YEAH, WELL YOU CAN, YEAH.
WHATEVER YOU FEEL WILL APPROPRIATE.
SO, UM, WE'RE WRITING TO YOUR REQUEST APPROVAL FOR THE INSTALLATION OF A SEVEN FOOT IRON FENCE, FRONT FENCE AND GATE.
WE PLAN TO USE THE SAME HIGH QUALITY MATERIALS CURRENTLY USED ON THE RIGHT AND BACK SIDE OF THE PROPERTY.
OUR REQUEST IS BASED ON TWO MAIN REASONS, SAFETY AND CRIME PROTECTIONS.
UM, WE'RE A SMALL FAMILY OWNED BUSINESS WITH 18 YEARS IN SAN ANTONIO, ANTONIO, AND WE HAVE A 7-YEAR-OLD DAUGHTER WHO ENJOYS PLAYING OUTSIDE A TALLER FENCE, WILL HELP ENSURE HER SAFETY BY PREVENTING CHILDREN FROM CLIMBING OVER, AND IT WILL ALSO PROVIDE GREATER SECURITY AT NIGHT, MAKING IT MORE DIFFICULT FOR INTRUDERS OR HOMELESS TO ACCESS A PROPERTY.
AN ISSUE THAT HAS BEEN UNFORTUNATELY BEEN INCREASING IN OUR NEIGHBORHOOD.
UM, WE HAVE, UM, AN OCTOBER 9TH, 2025 FIREFIGHTERS WERE CALLED TO 1506 LEE HALL AROUND 12:30 AM THE PROPERTY NEAR OUR OFFICE AT 1506 LEE HALL AND 50 51 WEST INTERSTATE 10 CAUGHT ON FIRE AND WAS COMPLETELY BURNED DOWN.
THE INCIDENT WAS REPORTED IN THE NEWS, IN THE INITIAL INVESTIGATIONS SUGGESTED IT WAS CAUSED BY HOMELESS INDIVIDUALS IN THE AREA TRYING TO STAY WARM, UM, AT THE ONE PAYMENTS.
WERE ALSO OPEN TO COMPUTING, UM, CONTRIBUTING IDEAS, DONATIONS, OR VOLUNTEER WORK TO HELP OUT RELOCATE AND SUPPORT HOMELESS INDIVIDUALS IN SAN ANTONIO AS WE CARE DEEPLY ABOUT OUR COMMUNITY'S WELLBEING.
WE SINCERELY APPRECIATE YOUR TIME AND CONSIDERATION IN REVIEWING AND APPROVING OUR REQUEST.
WHAT IS THE ONE PAYMENT? SO LIKE, WHAT IS THAT BUSINESS? WE ARE A MERCHANT SERVICES COMPANY, SO WE PROVIDE, UM, SOFTWARE, UM, COMPUTERS TO, UM, BUSINESSES.
SO THAT DOES QUALIFY AS A COMPUTER SOFTWARE RETAIL ESTABLISHMENT ALLOWED BY THE CD.
I JUST WANTED MAKE SURE, 'CAUSE IT, UH, 'CAUSE IN YOUR, IN THE LETTER, IT, IT, IT KIND OF GAVE ME THE IMPRESSION THAT DO THAT, DOES SOMEBODY LIVE THERE AS WELL? BECAUSE YOU SAID, I THINK THE LETTER SAID THAT YOU HAD A 7-YEAR-OLD DAUGHTER THAT LIKES TO PLAY IN THE
[02:20:01]
YARD.NO, WE HAVE, WELL, IVAN HAS A 7-YEAR-OLD DAUGHTER THAT, YOU KNOW, SHE GOES TO THE OFFICE.
UM, WE ALSO, AS EMPLOYEES, WE TAKE OUR FAMILY MEMBERS.
SO, UM, WE'RE NOT OPEN TO THE PUBLIC 24 7.
IT'S, YEAH, I DID, I DIDN'T KNOW IF IT WAS RESIDENTIAL AND YEAH, NO, NO.
IT'S JUST, UM, CLIENTS, UM, BY APPOINTMENT THEY GO THERE SOMETIMES THEY HAVE THEIR FAMILIES, SO, YOU KNOW, THEY ALLOW THEIR CHILDREN JUST TO BE THERE.
WE'RE CURRENTLY ON A SHOPPING CENTER AREA.
UM, WE'RE IN A SMALL SPACE, SO, AND YOU'RE ONLY ASKING FOR THE TALLER FENCE ALONG THE STREET? FRONTAGE, YEAH, THE STREET MM-HMM
AND NOT, IT DOES, IT IS NOT, YOU'RE NOT ASKING IT TO WRAP UP THE SIDES TO GO UP ANY FURTHER? NO.
ON THE SIDES, UH, KEEP THE EXISTENCE HEIGHT, JUST, IT'S GONNA BE THE SAME AS THE SIDES.
IS THERE ANY COMMISSIONER QUESTIONS? ALL RIGHT.
ANY, UH, VOICEMAILS? NO PUBLIC COMMENT.
UM, WELL, THANK YOU VERY MUCH.
LOOKING FOR A MOTION EZ COMMISSIONER BUNNIE, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 2 1 1.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT FENCE HEIGHT, SPECIAL EXEMPTION FROM THE MAXIMUM FIVE FOOT HEIGHT TO ALLOW A SEVEN FOOT PREDOMINANTLY OPEN FENCE WITH EIGHT FOOT SUPPORTING POLES ALONG THE FRONT, UH, YARD OF THE PROPERTY SITUATED AT 1529 LEE HALL.
APPLICANT BEING IVAN, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LETTER ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE PROPOSED SEVEN FOOT PREDOMINANTLY OPEN FENCE ALIGNS WITH THAT INTENT BECAUSE IT MAINTAINS TRANSPARENCY AND VISUAL OPENNESS WHILE PROVIDING NECESSARY SCREENING AND PROTECTION FROM THE ADJACENT INTERSTATE.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THIS PROPERTY, THIS PROPERTY DIRECTLY ABUTS AN INTERSTATE HIGHWAY, WHICH INTRO INTRODUCES UNIQUE SAFETY, NOISE, AND AESTHETIC CONCERNS.
NOT TYPICAL OF INTERIOR RESIDENTIAL LOTS.
THE TOLER OPEN FENCE PROVIDES A DEGREE OF SECURITY AND PRIVACY FOR THE PROPERTY WITHOUT COMPROMISING THE SAFETY OF MOTORISTS OR PEDESTRIANS.
C, THE NEIGHBORING PROPERTY WILL BE SUBSTANTIALLY INJURED BY PROPOSED SUCH USE BECAUSE THE PROPERTY IS LOCATED AT THE END OF A RESIDENCE, RESIDENTIAL NEIGHBORHOOD, AND BORDERS IN AN INTERSTATE RATHER THAN ANOTHER HOME.
THERE'S MINIMAL VISUAL OR PHYSICAL IMPACT ON ADJACENT RESIDENTIAL PROPERTIES.
D THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT.
BECAUSE THE PROPERTY IS AT THE OUTERMOST BOUNDARY FACING A MAJOR TRANSPORTATION CORRIDOR, ITS CONTEXT IS DISTINCT FROM THE INTERIOR LOTS.
THE PROPOSED FENCE WILL VISUALLY TRANSITION BETWEEN THE RESIDENTIAL AREA AND THE INTERSTATE INFRASTRUCTURE, THEREBY REINFORCING RATHER THAN ALTERING THE DISTRICT'S CHARACTER.
E THE SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREON ESTABLISHED FOR THE SPECIFIC DISTRICT, ALLOWING A MODEST INCREASE IN FENCE HEIGHT.
AND THIS UNIQUE LOCATION DOES NOT UNDERMINE THESE, THOSE GOALS AS IT IS BASED ON SITE SPECIFIC CONDITIONS THAT DO NOT APPLY TO MOST LOTS.
YEAH, I'LL BE IN FAVOR OF THIS.
UM, MAINLY BECAUSE THE CITY'S, UH, IN FAVOR OF IT AND HE'S ONLY DOING IT ALONG THE SIDE THAT FACES THE, UM, THE INTERSTATE CORRIDOR.
COMMISSIONER MANOCK, I CONCUR WITH MY COLLEAGUE.
ANYONE ELSE LIKE TO ADD HEARING UNANIM? HAVE A ROLL CALL VOTE PLEASE.
COMMISSIONER EZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT.
ALL RIGHT, WE ARE ON ITEM NUMBER 12 AND THE, UH, APPLICANT FOR ITEM NUMBER 12.
DID HAVE TO LEAVE THE MEETING.
HE'S GONNA TRY TO REJOIN US, UH, BEFORE WE WRAP UP.
UH, ITEM 13 BO O 8 25 1 0 3 0 0 2 14 AND 9 79 26.
UH, LALA BOULEVARD DISTRICT SEVEN APPLICANT.
BE MS. GARCIA, UH, NINE, UH, NINE FOOT 11 INCH VARI FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH FRONT SETBACK FOR A CARPORT ZONED R SIX.
SO THERE ARE PROPERTY GENERALLY LOCATED BETWEEN THE INTERSECTION OF GLASS LAMP LANE AND MI DRIVE.
THE ATTACHED CARPORT WAS CONSTRUCTED IN THE FRONT YARD WITHOUT THE ISSUANCE OF A BUILDING PERMIT.
ACCORDING TO COKE ENFORCEMENT INVESTIGATION OF PROPERTY, THE APPLICANT WILL APPLY FOR A BUILDING PERMIT PENDING THE RESULT OF THE BO OA CARPORT MEETS ASIDE SETBACK REQUIREMENTS.
THE INSIDE WIDTH OF THE CARPORT IS APPROXIMATELY 18 FEET.
[02:25:01]
CURRENT VIEW OF THE CARPORT AND SURROUNDING AREA.STAFF RECOMMENDATION STAFF RECOMMENDS DENIAL AND BO OA 25 1 0 3 0 2 14 BASED ON THE FOLLOWING FINDINGS OF THE FACT LETTER ENFORCEMENT OF ORDINANCE WOULD NOT RESULT IN UNNECESSARY HARDSHIP AS A PROPERTY OWNER MAINTAINS A GARAGE THAT COULD BE USED TO PROTECT THE OWNER'S VEHICLES INSTEAD OF CARPORT AND PROPOSED VARIANCE.
WOULD NOT BE IN SPIRITED ORDINANCE AS A CARPORT WOULD BE INSUFFICIENTLY SPACED FROM THE FRONT PROPERTY LINE AND A RIGHT OF WAY.
37 NOTICES WERE MAILED IN 12 IN FAVOR, UH, 15 IN FAVOR, OUTSIDE 15 FEET, NONE IN OPPOSITION AND NO RESPONSE FROM ANY NEIGHBORHOOD OR COMMUNITY ORGANIZATION.
AND WE DID NOTICE THAT THE CARPORT MIGHT BE, UH, FORWARD OF THE PROPERTY LINE FROM WHAT WE'RE MEASURING.
UM, WE'RE NOT SURVEYORS, BUT FROM WHAT WE'RE MEASURING FROM THE RIGHT OF WAY, UM, EVEN IF THIS GETS APPROVED, UM, THE OWNER HAS BEEN NOTIFIED THAT HE MIGHT, UH, THEY MIGHT STILL HAVE TO MOVE THAT CARPORT BACK A LITTLE BIT TO THEIR PROPERTY LINE.
THAT CONCLUDES, THAT'S PRESENTATION.
YEAH, AND I, I COMPLETELY AGREE WITH YOU BECAUSE ACCORDING TO THE SUR THE SURVEY DID THE SITE PLAN PROVIDED THAT STREET'S A 50 FOOT RIGHT OF WAY, THAT MEANS FROM THE FACE OF THAT CURB IT'S 10 FEET BACK TO THE, TO THE PROPERTY, WHICH IS ABOUT TWO FOOT OFF, CORRECT? RIGHT NOW.
HAVE THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR CARPORT GARCIA.
I DIDN'T KNOW WHAT KIND OF CASE I WAS COMING TO OR WHAT I WAS GETTING INTO.
JUST MAKE SURE YOU SMUGGLING AND YEAH.
MAKE SURE YOU'RE SPEAKING TO THE MIC, SIR.
SORRY, YOU HAVE TO SPEAK INTO THE MIC.
WELL, I'M LIKE, THEY RECORD THIS.
I DIDN'T KNOW WHAT KIND OF CASE I WAS COMING INTO OR THAT I EVEN NEEDED A CARPORT.
I, A PLACE WHERE I HAD NO OA AND SO CAR AND I WAS IN THE HOSPITAL AT TIME.
I WAS IN THE HOSPITAL AT THAT TIME.
I THINK YOU MAY HAVE TO PRESS THE BUTTON THERE.
BUT, UH, THE CARPORT HAD BUILT BECAUSE A LOT OF MEDICAL ISSUES TO TELL YOU A LITTLE BIT ABOUT MYSELF, I SAID I DIDN'T KNOW WHAT I WAS GETTING INTO.
USUALLY I'M PERTAINING TO OTHER CASES LIKE SMUGGLING OR DRUGS AND EVERYTHING ELSE.
I'M PUSHING 70 AND I SAID, I'M HERE FOR THE MISTAKE OF BUILDING THE CARPORT WITH OUR PAR PERMIT.
AND, UH, WE HAVE NO HOA, MY CARPORT IS NOT ATTACHED TO THE HOUSE.
I'M RETIRED 21 YEARS IN MARINE CORPS, 22 WITH CUSTOMS. AND I WAS PROGRAMMED MENTALLY NOT TO BE A SICK BAY COMMANDO, BUT ALL THE HURTS IN MY BODY THERE CATCHING UP WITH ME AND I FEEL IT NOW.
I GAVE YOU OATH TO DEFEND YOUR CONSTITUTION OR COUNTRY AND ALL GETS ALL FOREIGN DOMESTIC.
I STILL TRY AND HOLD UP MY HEAD HIGH WITH THE THINGS I DO.
AND I BELIEVE AND I BELIEVE IN OUR FLAG.
I HAVE BEEN CHOKED, BEAT, STRANGLED, SHOT AT KNIFED AT THREATENED, APPROACHED TO GET BRIBED.
I'VE BEEN BOTH BRIBED BY BOTH GOOD AND BAD SIDES.
AND LIKE I SAID, I JUST, I, I HAD LEFT WORK.
I, I WASN'T, I DIDN'T HAVE MUCH FRIENDS OR ANYTHING BECAUSE OF THE WORK.
I DID TRY TO KEEP IT CONFIDENTIAL AND QUIET.
AND I LIVE ALONE AND I DO HAVE MEDICAL ISSUES FROM HEART, KNEES, ELBOWS.
I'VE BEEN IN SURGERIES WHERE THE DOCTORS MESSED UP AND I DIDN'T BLAME HIM FOR IT.
IT WAS JUST THE ACT OF GOD, I GUESS I'M STILL HERE, BUT, UH, I STILL GET INJECTIONS.
I'VE BEEN WALKING, SO I GET INJECTIONS IN MY LEGS, MY BACK, MY SHOULDERS, MY NECK.
SO I'M PUT TOGETHER MORE JUST LIKE BONDO AND BAY WIRE BAILING WIRE.
SO, UH, I JUST ASKED THAT FORGIVING FOR NOT PUTTING A PERMIT AND I PASSED OUT MY PETITION TO THE NEIGHBORS AND ASKED THEM ABOUT IT.
AND THEY DIDN'T HAVE ANY PROBLEMS WITH IT.
SO I, LIKE I SAID, I KNOW I, I BUILT IT WITHOUT A PERMIT AND I JUST, I ASKED, I TOLD MYSELF, IT'S YOUR MERCY TO PLEASE IF I CAN JUST KEEP IT 'CAUSE I DO NEED IT.
AND HE SAID SOMETHING ABOUT MY GARAGE.
I WAS USING IT AS A GYM TRYING TO KEEP MYSELF GOING AND MY TRUCK IS TOO BIG TO PUT IN MY, IN MY GARAGE.
AND THAT'S WHY I BUILT THE CARPORT.
[02:30:01]
AGAIN, I LEAVE YOU IN MY MERCY OF YOU GUYS TO SEE IF YOU'LL LET ME KEEP IT OR NOT.WELL, THANK YOU FOR YOUR SERVICE AND I'LL TELL YOU THIS.
WE'LL, WE'LL, UH, SEE WHAT, HOW THIS TURNS OUT.
IS THERE ANY COMMISSIONER QUESTIONS? UH, BON YES.
COMMISSIONER BON, HOW, HOW LONG AGO DID YOU BUILD THIS COVER? GOING ON? TWO YEARS.
AND THEN YOU HAVE, YOU HAVE SUPPORT FROM ALL YOUR NEIGHBORS AND THEY'VE, THEY'VE KNOWN IT'S BEEN UP FOR THIS LONG.
UH, ANYONE ELSE? AND, UM, YEAH, I JUST, I JUST WANTED TO ADD THAT YOU, YOU MIGHT HAVE TO MOVE IT BACK IF THIS GETS APPROVED BECAUSE IT IS IN THE CITY PROPERTY RIGHT NOW.
WELL, WHAT, WHAT PART ARE WE TALKING ABOUT? UH, SO RULES ITSELF.
SO DO YOU, SO GENERALLY, UH, AS A RULE OF THUMB THAT IF YOU LOOK AT THE PICTURE, YOU SEE THIS PICTURE WHERE IT SAYS SEVEN FOOT 11.
SO FROM THE FACE OF THAT CURB WHERE THE ASPHALT TOUCHES THE CONCRETE MM-HMM
CITY PROPERTY GOES BACK 10 FEET.
UH, WELL, THEY TOLD ME THAT MY PROPERTY WAS THE LINE RIGHT IN FRONT OF MY TRUCK TIRE.
OH, THAT EXPANSION JOINT IN THE CONCRETE, THAT IS ANOTHER COMMON THING TO DO.
BUT, UM, YOUR, YOUR STREET, UH, WHEN THEY BUILD THESE STREETS, THEY BUILD THEM AT 30 FEET WIDE.
UH, YOU HAVE A 50 FOOT RIGHT OF WAY, SO THAT MEANS THERE'S 10 FEET.
SO YOU, YOU ARE MOST LIKELY TWO FEET IN AN INCH INTO THE CITY PROPERTY ALREADY.
UM, SO IF THIS GETS APPROVED TODAY, UM, AS PART OF THE PERMITTING PROCESS, INSPECTIONS MAY REQUIRE IT TO BE MOVED BACK A FEW FEET, JUST SO YOU KNOW.
SO I NOT TO DON'T WANT ANYTHING TO BE A SURPRISE.
SO IF THERE'S, UH, NO QUESTIONS, THIS, THIS GUY'S FROM THE NEIGHBORHOOD AND, AND, UH, IS THERE ANY SOUND TO THE SPEAK? WE HAVE A VOICEMAIL AND I WANT SPEAKER.
LET'S HEAR THE VOICEMAIL THEN WE WILL HEAR THE SPEAKER.
I LIVE AT 79 11 LAS OLA BOULEVARD, CALLING ABOUT CASE NUMBER BOA 2 5 103 0 2 1 4.
UH, IN REGARDS TO THE CARPORT, UM, I HAVE NO ISSUE WITH THE CARPORT AND AS LONG AS I, I BELIEVE, AND I WOULD KNOW VINCENT, THAT HE MADE SURE THAT HE WENT THROUGH THE, UH, LEGAL PROPER TO PUT IT WITHIN ONE, YOU KNOW, FOOT BASED ON THIS ONE, UH, ONE INCH AWAY FROM THE, UH, HOUSE TO MAKE SURE THAT IT WOULDN'T BE ATTACHED SO THAT HE'S NOT TAXED.
THERE'S OTHER INDIVIDUALS ON STREETS OVER THAT HAVE THE SAME THING.
NOW I DON'T KNOW IF THEY'VE GONE THROUGH THAT, BUT, YOU KNOW, I DON'T UNDERSTAND WHY ONE PERSON ON OUR BLOCK IS BEING SINGLED OUT WHEN THERE ARE OTHER INDIVIDUALS IN THE SAME SITUATION.
UM, SO I DO NOT HAVE A PROBLEM WITH HIM HAVING IT THERE.
MATTER OF FACT, I WAS THINKING ABOUT DOING IT FOR MYSELF, NOT SURE, BUT I WANTED TO, UH, NOT SURE HOW WE'RE GONNA GO WITH THIS.
SO THOSE ARE OUR THOUGHTS AND UM, I'M FOR VINCENT TO HAVE THE KEEP THE CARPORT UP.
PLEASE STATE YOUR NAME FOR THE RECORD AND TELL US YOUR THOUGHTS.
UH, TWO HOUSES DOWN FROM, UH, VINCE'S PLACE.
UH, I'M ONE OF THE ORIGINAL HOMEOWNERS, UH, WHEN THE HOUSES WERE BUILT BACK IN 94 AND PROBABLY LIKE THE LAST ONE THAT'S STILL THERE.
UM, I JUST WANNA SAY I DON'T HAVE A PROBLEM WITH THE CAR PORT.
IT'S BEEN UP FOR A COUPLE YEARS, BUT NO PROBLEM.
I UNDERSTAND IF, YOU KNOW THE CITY HAS RULES THAT IT HAS TO BE A CERTAIN DISTANCE, BUT, UM, YOU KNOW, I JUST WANNA SAY THAT I'M NOT AWARE OF ANY OTHER NEIGHBORS THAT HAVE ANY PROBLEMS WITH IT.
SO WITH THAT, UH, LOOKING FOR A MOTION BO COMMISSIONER BOEZ, REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 2 1 4.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A NINE FOOT 11 INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A ONE INCH FRONT SETBACK FOR A CARPORT SITUATED AT 79 26 LAS OLAS BOULEVARD.
APPLICANT BEING VICENTE GARCIA JR.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE WILL NOT OBSTRUCT PUBLIC VISIBILITY, INTERFERE WITH THE PEDESTRIAN ACCESS OR ENCROACH UPON THE PUBLIC RIGHT OF WAY.
THE MINIMAL SETBACK FOR THE FRONT PROPERTY LINE STILL PRESERVES THE SEPARATION FROM THE STREET DUE TO THE EXISTING SPACE BETWEEN THE PROPERTY LINE AND THE CURB TO DUE TO THE SPECIAL, UH, CONDITIONS.
A LITTLE ENFORCEMENT OF THE ORDINANCE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SUBJECT PROPERTY HAS A NOTABLE SHALLOW FRONT YARD, WHICH SIGNIFICANTLY LIMITS
[02:35:01]
THE ABILITY TO CONSTRUCT COVERED PARKING WITH ENCROACHING ON THE SETBACK AREA.THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE CARPORT WILL BE OPEN ON THE SIDES, MAINTAINING VISUAL OPENNESS AND MINIMIZING STRUCTURAL BULK.
WITHOUT THE VARIANCE, THE HOMEOWNER WOULD BE PREVENTED FROM ENJOYING A BASIC RESIDENTIAL AMENITY AVAILABLE TO OTHERS WITHOUT ACHIEVING ANY SUBSTANTIAL PUBLIC BENEFIT.
NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
NUMBER FIVE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE CARPORT WILL NOT BLOCK LIGHT VIEWS OR ACCESS TO ADJACENT PROPERTIES.
IT IS DESIGNED TO BE VISUALLY UN OBS UN OBSTRU UN OBS UNOBTRUSIVE AND CONSISTENT WITH EXISTING NEIGHBORHOOD CHARACTER.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASSAULT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER, UH, OF THE PROPERTY AND NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDI CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PROPERTY'S UNIQUE HARDSHIP ARISES FROM ITS LIMITED FRONT YARD DEPTH AND THE ORIGINAL SITTING OF THE HOME, WHICH WAS NOT ESTABLISHED BY THE CURRENT OWNER.
THE LAYOUT LEAVES NO FEASIBLE SPACE TO ACCOMMODATE A CARPORT WITH THE STANDARD SETBACK LIMITS AND OF MOTION.
COMMISSIONER BOIZ? YEAH, I'LL BE IN, UH, I'LL BE IN SUPPORT OF THIS, UM, FOR A FEW REASONS.
UH, NUMBER ONE, IT'S BEEN UP FOR A COUPLE YEARS.
HE HAS, YOU KNOW, SUPPORT FROM 1212 WITHIN THE 200 FEET.
UM, IN ADDITION TO THAT, YOU KNOW, EVEN IF IT GETS APPROVED HERE, IT MAY STILL HAVE TO GO THROUGH ANOTHER PROCESS BEYOND US.
ALRIGHT, COMMISSIONER MAMAN? UM, YEAH, I CONCUR WITH MY COLLEAGUE.
UM, AND YOU KNOW, I DO ASK THE CITY TO FOLLOW UP WITH SEVEN HEINE 11, UH, TO GIVE HER A HEADS UP WITH REGARDS TO THE PERMITTING REQUIREMENTS, YOU KNOW, UM, AND SO THAT SHE ISN'T, UH, KIND OF, UH, FOLLOW THE SAME PATH.
UM, AND THEN THERE ARE, AS SHE INDICATED, THAT, YOU KNOW, THERE'S ANOTHER CARPORT THAT'S IN THAT COMMUNITY AND, UH, LOOKING ON OVERHEAD, THERE WAS, UH, TWO OTHERS THAT I FOUND.
SO, SO IT'S STARTING IT, IT DOES APPEAR THAT THIS COMMUNITY IS LOOKING TO SAY IT'S OKAY TO HAVE THIS KIND OF STRUCTURE IN THEIR COMMUNITY.
ANYONE ELSE LIKE TO ADD, UH, HEARING NONE, UH, LET'S HAVE A ROLL CALL.
COMMISSIONER EZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BARRINGTON? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER BEES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
AND IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN TALK TO STAFF, BUT THANK YOU.
THE MOST RECENT BILL IS, 'CAUSE I CAN'T GET OUTTA MY CAR FAST ENOUGH TO THE HAIL OR ACORNS FALLING AND STUFF.
I APPRECIATE YOUR TIME AND EFFORT.
ALRIGHT, UH, WHO I SEE THERE'S SOMEONE ELSE HERE.
ARE Y'ALL HERE FOR ITEM 12 OR 14? 14.
ITEM 14, VO 8 25 1 0 3 0 0 2 16.
ADDRESS, 3 28 WEST ELSMERE PLACE, DISTRICT ONE APPLICANT BEING, UH, MS. BULLOCK, UH, TWO FOOT EIGHT INCH VARI FROM THE MINERAL FIVE FOOT SIDE SETBACK TO ALLOW TWO FOOT FOUR RANCH, UH, SETBACK TO INCLUDE AN SIX INCH OVERHANG ZONE.
SUBJECT PROPERTY IS GENERALLY LOCATED NORTH OF DOWNTOWN, JUST EAST OF SAN PEDRO.
THE DETACHED CARPORT IN THE, YOUR REAR YARD IS BEING CONVERTED TO A DETACHED ACCESSORY DUAL UNIT CORNER.
THE GARAGE WAS CONSTRUCTED AROUND, UH, 1930 BEFORE THE ESTABLISHMENT OF THE ZONING CODE.
THE REQUEST, UH, IS FOR TWO INCHES SHY OF QUALIFYING FOR A SIX INCH ADMINISTRATIVE VARIANCE.
THE PROPOSED SIDE, UH, THE PROPOSED SIDE OF THE ACCESSORY DWELLING IS 337 SQUARE FEET.
THE PROPERTY ABOVES AN ALLEY TO THE REAR, WHICH EFFECTIVELY ELIMINATES THE REAR SETBACK.
HISTORICALLY, THE SIX INCH STRUCTURE WAS LIKELY USED AS A GARAGE AND SERVANTS QUARTERS.
UH, THE PROPERTY IS LOCATED WITHIN THE MONTE VISTA HISTORIC DISTRICT.
ANY MODIFICATIONS, UM, OR NEW CONSTRUCTION WILL REQUIRE THE APPROVAL OF OHP.
THAT'S THE, UH, NORMAL OHP UH, STANDARD COMMENT DOWN THERE.
AS THE SIDE PLAN SHOWING THE REAR OR SIDE SETBACK FRONT OF THE PROPERTY, YOU SEE THE, UH, STRUCTURE THERE AND THE SURROUNDING AREA
[02:40:06]
STAFF RECOMMENDS APPROVAL AND BO OA 2 5 1 0 3 0 0 2 16.BASED ON THE FOLLOWING FINDINGS OF EFFECT, THE ASSISTANT GARAGE WAS LEGALLY CONSTRUCTED BEFORE THE CURRENT SETBACK STANDARDS AND THE EXISTING STRUCTURE'S, LOCATION AND SCALE REMAINED UNCHANGED.
ADJACENT PROPERTIES HAVE COEXISTED WITH THE CURRENT SETBACK FOR YEARS WITHOUT A NEGATIVE IMPACT.
22, UH, NOTICES WERE MAILED OUT.
NONE RECEIVED IN FAVOR OR OPPOSITION AND NO RESPONSE FROM ANY NEIGHBORHOOD ASSOCIATION OR, UH, COMMITTEE ORGANIZATION THAT INCLUDES STAFF PRESENTATION AND THE APPLICANT IS PRESENT.
AND WE'RE, AND WE'RE HERE BECAUSE OF THE COST.
AGAIN, IT'S OVER THE 50% OR SOMETHING, UH, BECAUSE IT'S BEING CONVERTED, UM, TO AN ACCESSORY DWELLING, UH, UNIT.
SO THAT IT WOULDN'T MATTER HOW MUCH MONEY THEY'RE SPENDING.
SO IT'S JUST CHANGE OF USE, WHICH IS DICTATING THE, UH, CORRECT EXPERIENCE HERE.
WELL LET'S HAVE THE APPLICANT COME FORWARD.
IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT, UH, YOUR A DU.
UM, THE CONTRACTOR WORKING, UH, FOR THE OWNER.
IT STARTED WITH THE OWNER WANTING TO RENOVATE THE, UH, EXISTING GARAGE AND HAD MENTIONED THAT AT ONE POINT IT WAS A LIVING QUARTERS, SO IT HAD THE PLUMBING, IT HAS THE ELECTRICAL, BUT THEY HAD TORN OFF THE FLOOR, BUT SHE WANTED TO MAKE SOME CHANGES.
SO I CALLED THE CITY, ASKED THEM WHICH, UH, APPLICATION I NEED TO, TO SUBMIT FOR PERMITTING.
THEY TOLD ME WHICH ONE, I SUBMITTED THE DRAWINGS, I GOT AN EMAIL NEXT DAY SAYING IT'S A WRONG PERMIT.
THEY TOLD ME I NEED TO APPLY TO THIS PERMIT.
SO I APPLIED WITH THAT PERMIT, CAME BACK AGAIN AND SAYS, NO, I NEED TO DO A FULL A DA, WHICH IS, YOU PROBABLY KNOW, IT'S, IT'S A WHOLE SERIES OF, OF DRAWINGS.
AND I HAD ONE DRAWING BASICALLY TO START OFF, BUT IT TURNED INTO AN A DA APPLICATION, WHICH IS A SERIES OF DRAWINGS, I THINK IT LIKE FOUR SHEETS.
AND THEN HAD TO DO ENERGY CALCULATIONS, HAD TO GET A STRUCTURAL ENGINEER INVOLVED AND ALL THAT.
THAT'S WHEN IT CAME BACK SAYING THAT.
AND I HAD MEASURED EVERYTHING, YOU KNOW, IT WAS LIKE TWO FOOT 10 TO THE, TO THE, THERE'S NO SURVEY, SO I JUST MEASURED TO THE EXISTING FENCE.
SO THEORETICALLY IT COULD BE THREE FEET.
BUT I MEASURED TO, AND THAT'S WHAT I PUT ON THE DRAWING.
UH, SO DURING THE PERMIT REVIEW, IT CAME UP THAT I NEEDED TO, UH, TO UH, GET A VARIANCE.
AND SO IT DID GET HISTORIC APPROVAL.
IT WENT THROUGH THE HISTORIC, UH, HISTORIC.
I TALKED TO THEM BECAUSE I THINK ONE OF THE OPTIONS WAS TO CUT OFF THE, THE OVERHANG, WHICH I TOLD THE, THE, THE REVIEWER, THE BOARD, I THINK, UH, THAT THE HISTORIC PROBABLY WOULDN'T LIKE THAT.
JUST CUTTING OFF THE, THE OVERHANG TO, TO ACCOMMODATE THAT, THAT, UH, SIX INCHES.
SO THEY SAID THEY WOULD, THEY WOULD, UH, SUPPORT LEAVING IT THERE AND THEN, UH, YOU KNOW, BUT WE STILL HAD TO GO THROUGH THAT PROCESS.
UH, IT'S AN EXISTING STRUCTURE.
I THINK IN MOST CASES WHEN YOU HAVE THOSE SETBACKS IS FOR FIRE, UH, ISSUES.
I'VE DONE SEVERAL PROJECTS IN THAT, IN THAT NEIGHBORHOOD.
AND SO WE RESOLVE THAT BY CREATING A FIRE, FIRE RATED WALL, INCLUDING THE FIRE, UH, RATED, UH, SOFFIT.
SO THAT'S, THAT'S PROBABLY WHAT WE WOULD DO ANYWAY.
WELL, UM, AND YOU'RE NOT INCREASING THE FOOTPRINT AT ALL.
ARE YOU USING THE SAME FOUNDATION? SAME.
IS THERE, UH, ANY PUBLIC COMMENT ON THIS? NO PUBLIC COMMENT.
ANY COMMISSIONER QUESTIONS? CRUZ? COMMISSIONER CRUZ, SINCE IT IS PRESENTLY A GARAGE AND IT'S GOT THE TWO DOUBLE DOORS, DOES THAT MEAN YOU'RE GONNA CHANGE 'EM? RIGHT.
ONE OF THE DOUBLE DOORS IS GONNA TURN INTO, UH, PATIO DOORS.
SO IT'S GONNA BE MANUAL DOORS.
AND THE OTHER ONE WILL NOT OPEN.
CORRECT? WELL, IT'S GONNA STAY AS A GARAGE.
RIGHT NOW IT'S TWO CAR GARAGE AND IT HAS A, A PREVIOUS LIVING SPACE.
SO WHAT THE OWNER'S DOING IS EXTENDING THAT, THAT SECOND BAY, THE GARAGE AND TURN SORT OF EXPANDING THE LIVING AREA OR THE OCCUPIABLE AREA AND LEAVING THAT AS A REALLY, IT'S A STORAGE SPACE 'CAUSE YOU CAN'T REALLY GET A CAR IN THERE, BUT THE DOORS ARE GONNA STAY THE, THE SAME.
AND BEFORE 1930, THE CARS WERE, UH, THEY'RE A LOT SMALLER.
UM, IS THERE NO OTHER QUESTIONS? I'M LOOKING FOR A MOTION.
UH, REGARDING CASE NUMBER BO A 25 DASH 1 0 3 2 16, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR TWO FOOT EIGHT INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT FOUR INCH SETBACK TO INCLUDE A SIX INCH OVERHANG SITUATED AT 3 28 WEST ELSMERE PLACE.
APPLICANT BEING SALLY BULLOCK.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE TERMS OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
[02:45:01]
VARIANCE WILL NOT NEGATIVE NEGATIVELY AFFECT THE PUBLIC INTEREST BECAUSE THE EXISTING STRUCTURE HAS BEEN IN PLACE FOR MANY YEARS WITHOUT CAUSING ADVERSE EFFECTS TO ADJACENT PROPERTIES OR THE NEIGHBORHOOD.TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD RESULT IN UNNECESSARY HARDSHIP AS THE EXISTING GARAGE WAS LEGALLY CONSTRUCTED BEFORE THE CURRENT SETBACK STANDARDS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE INTENT TO ENSURE ADEQUATE LIGHT AIR AND SEPARATION BETWEEN STRUCTURES FOR FIRE, SAFETY, PRIVACY, AND NEIGHBORHOOD CHARACTER IS FULLY MAINTAINED BECAUSE THE STRUCTURE'S PROXIMITY HAS EXISTED SAFELY FOR YEARS AND THE CONVERSION WILL NOT INCREASE THE BUILDING.
MASS HEIGHT OR ENCROACHMENT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
SUCH VARIANCE WILL NOT SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND NEIGHBORHOOD CONFORMING PROPERTY.
AS THE EXISTING STRUCTURES, LOCATION AND SCALE REMAIN UNCHANGED, ADJACENT PROPERTIES HAVE COEXISTED WITH THE CURRENT SETBACK FOR YEARS WITHOUT NEGATIVE IMPACT.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THESE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE STRUCTURE'S LOCATION WAS LEGAL AT THE TIME OF CONSTRUCTION AND THE HARDSHIP ARISES FROM THE PROPERTY'S PHYSICAL CONFIGURATION AND PRE-EXISTING CONDITIONS, NOT FROM ANY ACTION BY THE OWNER.
UH, I THINK THE CASE IS, IS QUITE CLEAR.
UH, IT, IT, YOU KNOW, IT'S CERTAINLY JUSTIFIED.
THERE'S NOTHING MORE I NEED TO SAY ABOUT IT.
I AGREE WITH MY, WITH MY COLLEAGUE.
THIS IS A PRETTY, UH, CUT AND DRY CASE, SO I, I WILL SUPPORT THE MOTION.
ALRIGHT, ANYONE ELSE LIKE TO ADD HEARING NONE HAVE ROLL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ, I CONCUR.
I CONCUR AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAPPEN TO HAVE ANY QUESTIONS, GIVE A STAFF.
IS THE APPLICANT FOR ITEM 12 HERE? YES.
MY MICROPHONE IS OFF ADDRESS AT TWO SIX SIX VISTA ROAD IN CONS.
DISTRICT THREE, THE APPLICANT IS JOSUE HERNANDEZ.
A REQUEST FOR A 421 FOOT SQUARE FOOT VARIANCE FROM THE MAXIMUM 907 SQUARE FEET TO ALLOW A 1,328 SQUARE FOOT DETACHED ACCESSORY DWELLING UNIT.
THE SUBJECT PROPERTY IS LOCATED AT THE CORNER OF VISTA ROAD AND HICKS AVENUE JUST WEST OF PECAN VALLEY DRIVE.
THIS CASE ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION REGARDING THE BUILDING OF A TWO STORY DETACHED ACCESSORY DWELLING UNIT WITHOUT PERMITS RESULTING IN THE ISSUANCE OF A STOP WORK ORDER PER SECTION 35 DASH 3 71 A THREE AND ACCESSORY DWELLING SHALL NOT EXCEED 800 SQUARE FEET OR 50% OF THE GROSS FLOOR AREA, EXCLUDING PORCHES OF THE PRIMARY STRUCTURE UP TO A MAXIMUM OF 1600 SQUARE FEET.
BASED ON THE SUBMITTED SITE PLAN, THE PRIMARY RESIDENCE IS 1,814 SQUARE FEET, WHICH LIMITS THE ALLOWABLE SIZE OF AN A DU ON THE PROPERTY TO 900 SQUARE FEET.
HOWEVER, THE AS-BUILT A DU HAS A GROSS FLOOR AREA OF 1,328 SQUARE FEET, EXCEEDING THE PERMITTED MAXIMUM BY 421 SQUARE FEET.
AS SUCH, A VARIANCE IS REQUIRED TO ALLOW THE STRUCTURE TO REMAIN AT ITS CURRENT SIZE.
PER BEAR COUNTY, THE PROPERTY IS 0.2445 ACRES, WHICH COULD ACCOMMODATE SUBDIVIDED THE PROPERTY INTO TWO R FOUR LOTS.
[02:50:01]
THIS IS THE SITE PLAN SUBMITTED BY THE APPLICANT.THE YELLOW IS THE ASBUILT TWO-STORY ACCESSORY STRUCTURE.
THIS IS THE VIEW, UH, JUST OFF HICKS, I MEAN, SORRY, VISTA.
AND THIS IS THE VIEW FROM HICKS AVENUE, UM, HIGHLIGHTING THE SCALE OF THE STRUCTURE AND THE SURROUNDING AREA.
STAFF'S RECOMMENDATION FOR THE ACCESSORY DWELLING SQUARE FOOTAGE IS DENIAL AND B OE DASH 25 DASH 1 0 3 0 0 2.
AND THREE, BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTERISTICS OF THE DISTRICT AS NO ACCESS.
HER DWELLING OF COMPARABLE SIZE AND HEIGHT WAS OBSERVED IN THE SURROUNDING AREA, AND TWO, THEY REQUESTED VARIANCES WAS SET AN UNDESIRABLE PRECEDENT FOR OVERCROWDING WITHIN SINGLE FAMILY ZONING DISTRICTS.
ONE RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND THE PROPERTY NOT LOCATED WITHIN ANY REGISTERED NEIGHBORHOOD ASSOCIATION.
AND THIS IS THE SUPPORT RECEIVED.
THIS CONCLUDES STAFF'S PRESENTATION.
UH, ON THE SITE PLAN THAT'S PART OF THE PACKAGE.
IT, IT SHOWS A FIVE FOOT SETBACK AND IT SEEMS TO SHOW THE PROPOSED, UH, STRUCTURE INTO THE SETBACK.
IS THAT, IS THAT RIGHT? THE APPLICANT DID PROVIDE A MEASUREMENT AND A PHOTO, AND IT WAS OUTSIDE OF THAT SETBACK AREA.
SO THE SITE PLAN DOESN'T CORRECTLY, UM, HIGHLIGHT WHAT IT IS, IN FACT.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR, UH, A DU.
UH, YEAH, SO I'M BASICALLY HERE TO TRY TO GET A, UH, THE 2 421 SQUARE FOOT VARIANCE ON THE PROPERTY.
WELL, UM, I'LL START OFF WITH SOME QUESTIONS.
UM, SO ON THE SITE PLAN, IF STAFF CAN BRING UP, SO IT'S, IS THAT, IS THAT A STRUCTURE AS CLOSE AS IT'S SHOWN TO THE EXISTING HOME? IT SEEMS SO CLOSE.
IT'S, IT'S LOOKS TOO, UH, TOO CLOSE TO THE HOUSE.
YEAH, UNLESS IT'S FROM ROOF TO ROOF MAYBE.
YOU'RE NOT ATTEMPTING TO CREATE TWO DIFFERENT LOTS OUT OF THIS? NO, NO, NO.
IS THERE ANY COMMISSIONER QUESTIONS? MANNA, COMMISSIONER MANNA.
SO, SO, SO BEFORE THIS, UH, THIS ADDITION, THIS IS A BRAND NEW ADDITION, CORRECT? YES, SIR.
AND SO WAS THIS DONE WITH ANY PERMITS AT ALL? NO, SIR.
SO, SO YOU BUILT A WHOLE HOUSE ESSENTIALLY, UH, ON HIS PROPERTY WITHOUT PERMITS? WELL, THE THING IS, I WAS JUST PLANNING ON DOING BASICALLY A, UH, SMALL HOUSE ON THE BACK, BUT THEN I, UH, YOU KNOW, I NEEDED SOME, UH, ROOM FOR STORAGE TOO, SO I WAS LIKE, WHY DON'T I JUST THROW IN THERE? OKAY.
SO THAT'S BASICALLY WHAT, SO, SO I, SO IT'S NOT OFTEN WE SEE WHOLE, YOU KNOW, HOMES BEING BUILT ON PROPERTIES WITHOUT PERMITTING MM-HMM
UM, AND SO, SO, YOU KNOW, I GUESS THAT'S A LITTLE BIT ODD.
SO AS FAR AS PLUMBING AND, AND NOTHING HAS BEEN DONE YET, SIR, IT IS JUST THE, THE, YOU KNOW, THE, UH, STRUCTURE RIGHT NOW? YEAH.
I GUESS FROM HERE IT WOULD, THAT WOULD BE LIKE THE NEXT STEPS.
HOPEFULLY TRY TO, UH, GET THE PERMITS FOR THAT.
BENAVIDES COMMISSIONER BENAVIDES, ARE YOU MARTINEZ OR HERNANDEZ? WELL, BOTH.
SO I, CAN YOU SPEAK TO WHY YOU WOULD BUILD ANY STRUCTURE WITHOUT GETTING A PERMIT? WELL, LIKE I SAID, I WASN'T REALLY THINKING ABOUT IT.
HOW, HOW LONG HAVE YOU BEEN LIVING IN THAT, ON THAT HOUSE? WHEN DID YOU PURCHASE THE HOME? THE HOME, I PURCHASED THE HOUSE IN 22, 22, 23 I THINK.
SO I'VE BEEN THERE FOR TWO YEARS.
SO THE NEW STRUCTURE THAT YOU HAVE THERE, EVEN THOUGH IT'S TWO STORY, UH, HOW MANY BEDROOMS IS IT GONNA HAPPEN? YOU? SO YOU'RE SAYING THE UPSTAIRS WILL BE STORAGE AND THE DOWNSTAIRS IS A LIVING AREA? YES, BASICALLY.
SO YOU'RE SAYING THAT THERE'S NO ELECTRICAL, NO PLUMBING, NOTHING.
IT'S NOT TIED INTO ANY KIND OF RIGHT NOW? NO.
AND DO YOU INTEND TO HAVE LIKE A BATHROOM OR A KITCHEN OR ANYTHING IN THERE OR ON THE ONE STORE? YES.
I WAS TRYING TO, BUT SO YOU'LL HAVE TO LIKE CRACK IN THE SEWER LINE OR SOMETHING INTO IT? WELL, IT'S UM, YOU
[02:55:01]
HAVE A KNOCKOUT PURE BEAM.OH, IT'S PURE BEAM? YEAH, IT'S NOT, UH, OH, I SEE.
AND THEN DID YOU GET ANY SUPPORT FROM ANY OTHER NEIGHBORS? I KNOW WE HAVE ONE LETTER.
DID YOU TALK TO YOUR NEIGHBORS OR I, YEAH, IT'S, HE SAW THE, ONE OF THE WHAT ABOUT THE NEIGHBOR BEHIND YOU THAT, THAT WOULD BE OVERLOOKING THAT TWO STORY? THE ONE BEHIND BEHIND? THAT'S MY FATHER.
THAT'S YOUR FATHER? YEAH, THAT'S MY FATHER.
THAT'S IMPORTANT TO KNOW THAT HIS MOST SHOWS THAT TWO.
NOW, REGARDING THE ONE ON THE SIDE.
IS THAT TWO 60 OR, OR THE STREET ON THE OTHER SIDE? DOES HE LEAVE DOES HE LIVE OFF OF QUINTA? THE ONE THE 2 6 6? YEAH, THE, UH, 2, 6 5.
SO IF THE, IF THE BOARD WERE TO APPROVE THE VARIANCE TODAY, YOU WOULD STILL NEED TO GO BEFORE THE CITY FOR THE BUILDING PERMITS AND YES.
FIRE AND ALL THOSE OTHER, YEAH, I WOULD HAVE TO GO TO, TO, UH, THAT PROCESS.
JUST TO ADD SOME CONTEXT, THE DSD STRIKE TEAM IS TRACKING THIS CASE AND, UH, THIS IS JUST KIND OF ONE STEP IN THE PROCESS TO BRING THIS PROJECT INTO COMPLIANCE IS THE VARIANCE, AND THEN ULTIMATELY FULL PERMIT REVIEW STRIKE TEAM.
HOW WAS THIS CASE ORIGINATED? HOW, HOW WAS IT? WAS IT, I CAN FIND THAT RIGHT NOW.
SO, SO MY QUESTION, DO YOU KNOW HOW FAR APART THE TWO HOMES ARE? LIKE WALL TO WALL, WALL TO WALL? I THINK THEY'RE ABOUT, UM, WOULD YOU FEEL THAT THEY'RE AT LEAST I WANNA 10 FEET APART? OH YEAH, FOR SURE.
STEVENS, COMMISSIONER STEVENS.
UM, I, I, I RECOGNIZE THAT YOU DIDN'T PULL A PERMIT AND I THINK THAT YOU'RE GONNA PAY RETRIBUTION IN OTHER WAYS FOR THAT, BUT OUR BOARD IS REALLY HERE TO EVALUATE WHETHER OR NOT YOU SHOULD HAVE A VARIANCE FOR THE SQUARE FOOTAGE.
PERSONALLY, I THINK BECAUSE YOU'RE ON A CORNER LOT AND WE'VE APPROVED SIMILAR VARIANCES ON SMALLER LOTS, I, I HAVE, I'LL BE IN SUPPORT OF THIS VARIANCE.
AND I, I THINK THAT YOU, YOU'RE GOING TO HAVE TO DEAL WITH PERMITTING THROUGH THE CITY.
SO I'M TRYING NOT TO DWELL ON THAT AND SEPARATE WHAT IS IN FRONT OF US AS THE BOARD OF ADJUSTMENT FROM YOUR OTHER, YOUR PREVIOUS, UH, PERMITTING ISSUES.
SO I'M JUST KIND OF PUTTING THAT OUT THERE.
ANY OTHER QUESTIONS? I THINK, UH, IF YOU, UH, STAFF WAS LOOKING UP, YOU KNOW, WHAT, WHAT, WHAT STARTED ALL THIS? WAS THERE ANY VOICEMAILS OR ANYONE SIGNING TO SPEAK? NO PUBLIC COMMENT.
SO ON THE PROPERTY ON 2 6 0, UM, SO DO WE, DO YOU KNOW WHAT THE, WHAT THE DISTANCE IS BETWEEN YOUR HOUSE AND THAT PROPERTY? SO THE ADDITION THAT YOU JUST MADE.
SO, SO ON THE, ON THE BUDDING PROPERTY ON THE SAME STREET MM-HMM
SO THE HOUSE NEXT TO YOU, DO YOU HAVE THE DISTANCES BETWEEN YOUR HOUSE AND THAT? UM, I, I GUESS AND YOUR ADDITION THAT YOU ADDED, BECAUSE IT LOOKS LIKE IT SHARES KIND OF A, SOME SPACE THERE WITH THE NEW ADDITION OR IS IT BEHIND IT COMPLETELY BEHIND IT.
AND THAT WAS A THREE ONE ONE CITIZEN CALL THAT INITIATED THIS, UH, CASE.
WELL, IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION.
UH, REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 1 0 3 2 3, I MOVE TO THE BOARD OF ADJUSTMENT GRAND REQUEST FOR A 421 SQUARE FOOT VARIANCE FROM THE MAXIMUM 907 SQUARE FEET TO ALLOW A 1,328 SQUARE FOOT DETACHED ACCESSORY DWELLING UNIT SITUATED AT 2 6 6 VISTA ROAD.
APPLICANT BEING UE HERNANDEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS A SCALE OF THE AS-BUILT ACCESSORY DWELLING.
DWELLING DOES NOT CONTRIBUTE TO OVERCROWDING WITHIN THE NEIGHBORHOOD.
TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THE ACCESSORY DWELLING WOULD HAVE TO BE RECONSTRUCTED BY REMOVING THE SECOND STORY TO REDUCE THE GROSS FLOOR AREA TO THE MAXIMUM ALLOWABLE SIZE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE GROSS FLOOR AREA OF THE ACCESSORY DWELLING REMAINS SUBORDINATE IN SCALE TO THE PRIMARY RESIDENCE.
THE VARIANCE WILL NOT AUTHORIZE
[03:00:01]
THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY IS SUFFICIENT.
SPACE WILL REMAIN FOR THE PURPOSES OF WATER RUNOFF, MAINTENANCE OF THE STRUCTURE AND FIRE SAFETY.
THE P OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT, NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE P OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, IS AS IT IS TWICE THE SIZE OF THE MINIMUM LOT REQUIREMENT FOR THE R FOUR DISTRICT.
THE LOT IS LARGE ENOUGH TO ACCOMMODATE ANOTHER STRUCTURE COMPARABLE IN SIZE TO THE PRIMARY RESIDENCE AND DEVOTION.
ALL RIGHT, COMMISSIONER STEVENS? YEAH, LIKE I SAID, I THINK THE, THE LOT SUPPORTS THIS.
IT WAS A, IT WAS A NOT, UM, A WISE DECISION TO BUILD THIS WITHOUT A PERMIT, BUT YOU'RE OBVIOUSLY GONNA HAVE TO GO THROUGH THAT PROCESS.
UM, AND I I WILL SAY, I THINK GOING UP A SECOND STORY RATHER THAN SPREADING OUT WAS ACTUALLY WISE.
UM, AND IT BEING ON A CORNER LOT, I THINK IT SUPPORTS THE PROJECT.
COMMISSIONER MANON? IT WAS BON OH, I'M SORRY.
UM, I ALSO AGREE WITH, UH, COMMISSIONER STEVENS.
I THINK, YOU KNOW, THIS IS A A A BIG LOT.
UM, AND YEAH, HE'S STILL GONNA HAVE TO GO THROUGH PERMITTING, SO I'LL BE IN SUPPORT.
UM, IS THERE ANYONE ELSE LIKE TO ADD MANNA? COMMISSIONER MANON? SO, SO LOOKING AT THE SIDE, YOU KNOW, THE OTHER PROPERTY, UM, YOU KNOW, IT DOES LOOK LIKE IT IS IT, IT IS, UM, THEY ARE BUILT CLOSER TO THE LINE AND IT LOOKS LIKE IT, YOU KNOW, IT IS GONNA IMP UH, I GUESS IMPEDE THE, OR IT IS GONNA IMPACT THE SIDE, YOU KNOW, THE, THE SIDE PROPERTY, THE OTHER ONE, UM, THAT IT BUTTS THE PROPERTY ON THE SAME STREET.
UM, ALSO BUILDING WITHOUT A PERMIT THIS BIG OF A STRUCTURE, YOU KNOW, THAT, YOU KNOW THIS, YOU KNOW THAT.
ANYONE ELSE LIKE THAT? OH, ZUNA COMMISSIONER ZUNA.
YEAH, SO I'M GONNA BE IN SUPPORT.
YOU KNOW, THE MOST IMPACTED, I BELIEVE IS GONNA BE THE NEIGHBOR TO THE REAR, WHICH IS HIS, HIS FATHER, RIGHT? MM-HMM.
SO ANY OTHER, IF THE FATHER SELLS THE PROPERTY, THE BUYER OF THAT HOUSE IS GONNA KNOW THAT THERE IS A TWO STORY STRUCTURE IN THE BACKYARD, SO OF THE NEIGHBORING PROPERTY.
ALRIGHT, ANYONE ELSE? HEARING NONE? LET'S HAVE A ROLL CALL.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BONNI? YES, I CONCUR.
COMMISSIONER BARRINGTON? NO, I DO NOT.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER MENA? I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
WE DO NEED NINE VOTES OR SOMETHING TO PASS.
IS THERE ANYONE WHO WOULD LIKE TO, UM, MOVE TO RECONSIDER? SO COMMISSIONER MANNA? SURE.
WE HAVE A MOTION TO RECONSIDER BY COMMISSIONER MANNA.
SECOND BY COMMISSIONER EZ IVANEZ.
UH, THE MOTION IS BACK, THE IS BACK ON THE TABLE.
IS THERE ANYONE WHO LIKE TO, UH, MAKE A MOTION FOR ANOTHER ACTION OR PROVIDE SOME COMMENTARY ABOUT WHAT THEY'RE PROPOSING TO READ TO DO SO? UM, SO I DON'T, YOU KNOW, SO, UM, I DON'T KNOW HOW CLOSE IT IS TO THAT SIDE FENCE AND HOW CLOSE IT IS TO THAT SIDE HOUSE.
UM, I THINK THAT IS THE HOUSE THAT IS GONNA BE MOST IMPACTED.
I DO NOT, YOU KNOW, UH, THINK THAT THE HOUSE, UM, UH, BEHIND IS GOING TO BE AS IMPACTED PER THE DRAWING.
AND SO THE DRAWING TO ME IS NOT ACCURATE ENOUGH FOR ME TO REALLY WEIGH IN, YOU KNOW, WITH REGARDS TO THIS PROPERTY, THE, THE WAY IT'S BUILT.
STEVENS COMMISSIONER STEVENS? UH, WE'RE NOT HERE TALKING ABOUT SIDE SETBACKS THOUGH, RIGHT? LIKE WE'RE TALKING ABOUT WE ARE, WE'RE REVIEWING AN INCREASE IN SQUARE FOOTAGE FOR AN A DU SPECIFICALLY.
WELL, STAFF DID SAY THAT IT WAS FIVE FEET OR MORE.
THAT, THAT WAS SOMETHING THAT I HAD ASKED A QUESTION ABOUT WHEN THE CASE FIRST CAME UP.
IS THAT, HOW GOOD DOES STAFF FEEL ABOUT THAT?
[03:05:04]
UM, YEAH, WE'RE GOOD WITH THAT SIDE SETBACK.SO IS IS, UH, IS THE CONCERN THAT THERE'S A SETBACK VIOLATION OR THAT IT'S NOT ENOUGH, YOU THINK? AND IF SINCE IT'S AN ACCESSORY STRUCTURE, IT CAN'T GO DOWN TO, UM, AS LONG AS THE OVERHANG STOPS AT THE THREE FOOT, IT CAN GO DOWN TO THAT.
UM, COMMISSIONER MANO, MAYBE A GUTTER WOULD SUFFICE.
WOULD THAT MAKE YOU HAPPY? SO, UM, NO, IT'S NOT GONNA MAKE ME HAPPY, BUT WE CAN VOTE ON IT AGAIN IF YOU WANT.
SO, AS IS BEEZ COMMISSIONER BEEZ, I WOULD JUST LIKE TO, I, I UNDERSTAND THAT THIS IS AN EGREGIOUS ACT OF NON-COMPLIANT, AND I, AND I AGREE WITH THAT, BUT I TOO, UM, COMMISSIONER STEVENS POINT, WE ARE HERE TO, UM, TO ONLY, UM, DEAL WITH WHAT WE, THE SCOPE OF OUR CASE.
AND IT, THIS CASE STILL HAS TO MOVE THROUGH DIFFERENT, UM, CITY, UM, DEPARTMENTS AND, AND THEY WILL HANDLE THE PERMITTING.
THEY'LL HANDLE THE PERMITTING.
AND THEY WILL HANDLE THE PERMITTING PROCESS.
SO I JUST, I'D LIKE TO, I'D LIKE FOR, UH, MY FELLOW COMMISSIONERS WHO VOTED AGAINST IT TO TAKE THAT INTO CONSIDERATION.
UH, I WOULD, I'M JUST GONNA ADD IN THAT THE REASON WHY I WAS IN SUPPORT WAS BECAUSE THIS LOT IS LARGER THAN THE OTHER LOTS.
UH, THIS, THESE TWO LOTS THAT ARE ABUTTING, UH, HICKS AVENUE, UH, THEY'RE, THEY'RE SUBSTANTIALLY LARGER THAN EVERYONE ELSE.
SO I WAS GIVING THEM SLIGHTLY MORE CONSIDERATION BECAUSE I THINK IT WOULD BE MORE OF A DISSERVICE FOR THIS TO BE PLATTED AS TWO LOTS AND INSTEAD HAVE IT BE TWO SEPARATE HOMES WITH TWO SEPARATE INTENSITIES.
SO THAT'S, THAT'S WHERE THE, THE CRUX OF MY SUPPORT CAME FROM.
AND IT, AND IT DID MAKE ME FEEL, UM, FINE THAT THERE WAS NO SETBACK ISSUES.
SO THAT'S WHERE I WAS COMING FROM.
IS THERE, IS THERE ANYONE WHO WOULD LIKE TO MOVE, UH, TO, TO, UH, TO VOTE ON THIS AGAIN OR PERHAPS OFFER SOME SORT OF REDUCTION? SO MANAM SQUARE FOOTAGE? YES.
SO QUESTION FOR THE APPLICANT HERE.
SO, SO, UM, SO DO YOU HAVE SOME SKILLS APPARENTLY IN BUILDING STRUCTURES? SO, SO YOU BUILT A STRUCTURE.
SO, SO WHAT IS YOUR PROFESSION HERE? SO I'M TRYING TO UNDERSTAND THAT.
ARE YOU A PROFESSIONAL, A ROOFER? I'M SORRY.
OKAY, SO, SO YOU KNOW ABOUT PERMITTING ALREADY, SO, SO WE CAN VOTE ON AGAIN, I'M GONNA, I'LL VOTE IN, YOU KNOW, I WILL VOTE DIFFERENTLY THIS TIME, BUT, YOU KNOW, I'M SORRY, THE CITY NEEDS TO FIGURE THIS OUT 'CAUSE WE CAN'T HAVE PEOPLE BUILDING STRUCTURES, YOU KNOW, TO THIS SIZE AND COMING BEFORE US, YOU KNOW, AND, YOU KNOW, KIND OF GOING THROUGH THIS PIECE.
SO, UH, I'LL GO AHEAD AND MOVE TO, UH, TO APPROVE WITH THE SAME FINDINGS, SAME MOTION AS BEFORE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
SO, YOU KNOW, PLEASE, UH, GO THROUGH THE PERMITTING PROCESS WITH, WITH VIGOR AND, UM, I HOPE EVERYTHING WORKS OUT.
[ Approval of Minutes ]
UH, THE NEXT IS THE MINUTES.UM, THE PAPER COPY I HAVE IN FRONT OF ME IS MISSING SOMETHING ON THE LAST ITEM.
I DON'T KNOW IF YOU SAW MY COMMENTS.
UH, YOU SAID IT'S MISSING THE, UH, PARDON ME? YOU SAID IT WAS MISSING THE SIGNATURE PAGE? WELL, NO, THERE, THERE'S A, UM, SO I HAD MOVED TO RECONSIDER AND IT WAS SECONDED, BUT IT DOESN'T SAY, UH, UH, ABOUT THE VOTE, ABOUT THE MO THE, THE VOTE TO RECONSIDER.
IT JUST GOES STRAIGHT INTO, YOU KNOW, THAT THERE'S, THERE'S, UH, ONE OF THE THINGS I'D PUT IN MY COMMENT WAS, IS THAT THERE WAS A, A VOTE TAKEN AND THEN THERE WAS A DECLARATION OF WHETHER THAT MOTION TO RECONSIDER PASS OR FAIL.
I THINK THAT WAS LIKE THE ONLY THING I COMMENTED ON.
UM, YEAH, WE CAN, WE CAN LOOK AT THAT CHANGE.
[03:10:01]
SO I DUNNO IF ANYBODY MANNA KNOWS WHAT I'M TALKING ABOUT.SO I DID, SO I DID MAKE PUT A REQUEST AS WELL, AND I THINK IT WAS CALLED OUT, GEORGE WAS UPDATED.
SO WITH THE PREDOMINANTLY OPEN FENCE, AND I DO HAVE A QUESTION HERE.
SO, SO, UM, SO WHEN, WHEN AN APPLICANT COMES IN WITH A, UM, A CODE COMPLIANCE, UM, MISTAKE, SO IS THERE A, A PENALTY OR FINE PAID FOR THAT? UM, SO OUTRIGHT 2000 BUCKS, RIGHT? I DON'T, I'M NOT SURE IF THERE'S AN INITIAL FEED COMPLIANCE THAT, SO FOR THE STRIKE TEAM CASES SPECIFICALLY, THOSE ARE DOUBLE FEED FOR WHEN THEY COME IN FOR THEIR PERMITS, THEY WILL BE DOUBLE FEED FOR THAT FEES, WHATEVER THAT NORMALLY COSTS, IT'LL BE TWICE AS MUCH.
SO SHOULD WE CONSIDER TRIPLE OR QUADRUPLE THAT? YEAH, I, I THINK IT NEEDS TO BE, I'M SERIOUS HERE.
YOU KNOW, THESE PEOPLE CAN'T EVEN AFFORD TO PAY THESE APPLICATIONS HALF THE TIME.
SO, BUT YOU DON'T START THINGS AHEAD OF TIME WITHOUT GOING THROUGH THE, THE, THE DIALOGUE.
I, I THINK THEY ALSO GET A, UH, THEY DON'T JUST GET DOUBLE FEES FROM YOU GUYS, BUT THEN THEY ALSO GET FINED BY THE CITY, RIGHT? UM, IF I'M MISTAKEN, THE CITY, THE CITY DOES ASSESS A WORK WITHOUT A PERMIT.
AND I BELIEVE IT'S $2,000, RIGHT? SO, I MEAN, MISTAKEN THEY GET, THEY GET NICKED IN THE BUTT PRETTY HARD.
AND I MEAN, AT THE END OF THE DAY, I THINK YOU GET INCREASED FEES ALL YOU WANT.
THERE'S STILL PEOPLE GONNA TRY TO GET AWAY WITH IT.
YOU KNOW, WHY, WHY DON'T WE FOCUS ON EDUCATING THE COMMUNITY RATHER THAN, THAN WRIST SLAPPING? YOU KNOW, LIKE, I DON'T THINK MONETARY, I, I DON'T THINK JUST THROWING MONEY AT THINGS IS THE, IS THE SOLUTION OR FINING PEOPLE FOR MISTAKES.
BUT IF, IF YOUR PROFESSION IS SUCH THAT YOU'RE A PART OF THE BUILDING INDUSTRY, THE GUY'S A ROOFER.
I, YES, HE'S NOT, HE'S NOT AN ENGINEER.
SO YEAH, SO RU SO YEAH, I MEAN HE'S A, IT'S A TRADE.
UH, THERE'S PERMITS INVOLVED, BUT HE'S PROBABLY NOT THE ONE PULLING THEM.
I JUST WANNA HEAR ABOUT THE MINUTES.
IS THAT WHAT YOU'RE TALKING ABOUT? UH, THAT MAY HAVE BEEN AN ADDITIONAL ONE.
I DIDN'T, I DIDN'T WRITE ANYTHING IN THERE.
UH, CHAIR IAN MOVED TO RECONSIDER THE SECONDED, UH, BY COMMISSIONER MANNA.
OH, WAS THAT NOT ON THE, UH, VERSION I GAVE YOU? YEAH.
THE, WHAT'S, WHAT'S ON THE PAPER COPY? IT DOESN'T SAY THAT THAT A VOTE WAS TAKEN TO RECONSIDER AND WHETHER OR NOT OKAY.
I, I MAY HAVE PRINTED THE, THE ONE I'M LOOKING AT IS THAT, HAS THAT CORRECT ONE, SO I'LL REPRINT IT.
WELL THEN, UH, WITH THAT, IS THERE A MOTION TO APPROVE THE MINUTES AS AMENDED? SO MOVED.
MOTION BY COMMISSIONER AMANDA.
A DIRECTOR'S REPORT? NO DIRECTOR'S REPORT.
AND, UH, I DON'T HAVE ANY ANNOUNCEMENTS.
I THINK WE DON'T HAVE ANY CHANGES TO THE CALENDAR FOR THE REST OF THE YEAR, CORRECT? WE'RE STILL DO MEETING TWICE THIS MONTH AND TWICE IN DECEMBER? YES, SIR.
IS THERE ANY, WHAT'S GOING ON WITH, UH, WITH REAPPOINTMENTS? IS THIS, IS THERE ANYBODY LACKING STILL? REALLY? COMMISSIONER CRUZ.
OH, THIS IS YOUR LAST MEETING? YEAH.
WELL THIS IS COMMISSIONER BARTON'S LAST MEETING, SO I, YOU KNOW, THANK YOU VERY MUCH FOR, FOR BEING HERE.
SO, UH, WITH THAT, UH, IT IS 4 26 AND WE ARE ADJOURNED.