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IT'S ONE OH THREE AND I CALL THE BOARD OF ADJUSTMENTS IN SESSION.
IF WE CAN HAVE THE SPANISH INTERPRETER, PLEASE COME OUT.
ENOUGH TO SILENCE ALL MOBILE DEVICES.
UH, THE MEETING OF ADJUSTMENTS HAS COME TO ORDER.
SO WE, SO WE HAVE 10, RIGHT? CAN WE, IS, UH, COMMISSIONER? OKAY.
SO WE HAVE 10, UH, MEMBERS ON THE BOARD TODAY.
SO JUST LET YOU KNOW WE'RE WHERE OUR, WE'RE FULLY IMP PANELED, BUT WE HAVE 10 TO, IN ORDER FOR THE MOTION TO PASS, IT TAKES NINE OF THE 10 CONCURRING VOTES FROM THE BOARD.
WITH THAT SAID, UH, LET'S, UH, STAND AND JOIN US FOR THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND TEXAS.
BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS FOLLOW.
FOLLOWING THE CONCLUSION OF THE CASE.
THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS CHAIR AND I'LL READ THEM AS AT THE APPROPRIATE TIME OF 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 AND THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY, 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 CITY OF SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DEC FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM THE REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE THE POWERS TO HEAR CASES AND ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS 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 OR HER REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
AND THE OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER WHAT EVERYONE HAS BEEN HEARD.
IN THE CASE IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES TODAY.
THE BURDEN OF PROOF IS GRANTING THE RELIEF SOUGHT REST 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 THE ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT, COUNTY, OR COURT OF LAW.
BASED ON THE RECORDINGS OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S DECISION REGARDING CHAPTER EIGHT ARE MADE TO CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION REMARKS OF THE PERTINENT FACTS OF YOUR CASE.
UH, STAFF DO YOU, UH, MAKE, UH, STEP CAN YOU MAKE YOUR PRESENTATION? THANK YOU, CHAIRMAN.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT.
PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THE PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION.
YOU'LL BE CALLED IN THE ORDER THAT YOU SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
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FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER.THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK.
GROUPS CONSISTING OF THREE OR MORE CITIZENS WILL BE ALLOTTED NINE MINUTES TOTAL TO ADDRESS THE BOARD ON THE ITEM.
THE APPLICANT WILL THEN BEGIN, THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
[ Briefing and Possible Action on the following items ]
CASE NUMBER ONE IS WILL BE WITHDRAWN.IF WE HAVE ANYBODY FROM, UH, REPRESENT CASE NUMBER ONE.
THAT CASE WILL BE WITHDRAWN AND NUMBER 10 WILL BE WITHDRAWN.
UH, WE ALSO HAVE A CONTINUANCE REQUEST, UH, FOR CASE NUMBER FOUR AND CASE NUMBER SIX.
SO STAFF, DO YOU WANNA READ INTO THE RECORD CASE NUMBER FOUR AND THEN WE CAN MAKE APPROPRIATE ACTIONS FOR A CONTINUANCE.
ITEM NUMBER FOUR IS BOA DASH 25 DASH 3 95.
A REQUEST BY ES SAEL FOR AN ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 200 FEET OF A RESIDENTIAL LOT OR USE LOCATED AT 6 0 2 6 0 6 NORTH NEW BRAUNFELS AVENUE, EXCUSE ME, NORTH NEW BRAUNFELS AND 1513 DAWSON STREET.
DO WE HAVE ANY, UH, PUBLIC COMMENT OR ANYBODY HERE TO SPEAK ON BEHALF OF THAT CASE NUMBER? UH, NO PUBLIC COMMENT HEREIN NONE.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION FOR A CONTINUANCE TILL THE, UH, DECEMBER 15TH.
ITEM NUMBER SIX IS BOA DASH 25 DASH 1 0 3 0 2 2 8.
A REQUEST BY DON M MCDONALD ARCHITECTS FOR A 19 FOOT 11 INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW AN ATTACHED CARPORT WITH A ONE INCH REAR SETBACK LOCATED AT ONE 20 EAST AITA AVENUE.
STAFF RECOMMENDS DENIAL AGAIN.
ANY, ANY PUBLIC RECORD OR COMMENTS SHOULD BE READ INTO THE RECORD FOR THIS ONE OR HAVE ONE VOICEMAIL.
AND REGARDING CASE NUMBER BOA DASH TWO FIVE DASH 1 0 3 2 2 8, WE ARE ABSOLUTELY IN FAVOR OF, UH, 19 FOOT 11 INCH VARIANCE FROM THE MINIMUM 20 FOOT SETBACK TO ALLOW FOR A CARPORT.
UH, DO WE HAVE ANY, UH, UH, MEMBER OF THE BOARD TO MAKE A, A MOTION FOR CONTINUANCE TO AGAIN, DECEMBER 15TH? SO MOVED.
ALRIGHT, LET'S, UH, BEGIN WITH CASE NUMBER TWO.
MY NAME'S EDWARD HALL FROM THE CITY'S OFFICE OF HISTORIC PRESERVATION 100 WEST HOUSTON STREET.
UH, THIS IS AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DECISION TO ISSUE A CERTIFICATE, CERTIFICATE OF APPROPRIATENESS, UH, FOR A REAR PATIO, UM, AT 2 35 EAST COMMERCE.
IT'S ALSO ADDRESSED AS 2 34 RIVER WALK.
UH, THIS IS AN APPEAL BY A THIRD PARTY.
UH, IT SHOWS YOU CAN SEE, UH, WHERE THE SUBJECT PROPERTY IS.
THE NEIGHBOR WHO IS ALSO THE APPLICANT, UH, OF THE APPEAL, UH, AS WELL AS, UH, EAST CROCKETT STREET, UH, TOWARD THE CENTER OF THE SCREEN, UH, WITH THE RIVER WALK DOWN BELOW THAT.
UH, HERE'S AN OVERALL SITE PLAN OF THE PROPOSAL.
YOU CAN SEE THE DECK EXTENDS OVER WEST CROCKETT STREET TOWARD THE RIVER WALK.
HERE'S A SITE SECTION AS WELL AS A RENDERING THAT SHOWS, UH, THE RIVER WALK, UH, SHOWS CROCKETT STREET, THE RIVER WALK TO THE VERY LEFT SIDE OF THE SITE SECTION, AND THEN ALSO THE RENDERING SHOWING THE SAME, SAME THING.
UH, SO A CERTIFICATE OF APPROPRIATENESS IS REQUIRED BEFORE AN APPLICANT CAN RECEIVE A PERMIT.
UH, THE PERMIT HAS NOT BEEN ISSUED YET.
I DON'T BELIEVE A PERMIT'S BEEN REQUESTED AT THIS TIME.
UH, NEW CONSTRUCTION REQUIRES APPROVAL FROM THE HISTORIC AND DESIGN REVIEW COMMISSION.
UH, THAT DECISION, UH, IS THEN A CERTIFICATE OF APPROPRIATENESS IS ISSUED BY THE HISTORIC PRESERVATION OFFICER, UH, OR OHP STAFF.
UM, THESE ACTIONS, THE ACTIONS OF THE HISTORIC PRESERVATION OFFICER AND THE ISSUANCE FROM STAFF, UH, MIRRORS, UH, POLICY, UH, AND THAT MIRROR THAT ACTION MIRRORS WHAT THE HDRC DECIDES.
UH, THERE ARE A SERIES OF FINDINGS OF FACT, UM, STARTING IN MORE OR LESS IN FINDING E THERE ARE FINDINGS OF FACT THAT PERTAINS SPECIFICALLY TO THE REAR DECK.
UH, WE HAVE FINDINGS OF FACT REGARDING THE LOCATION AND MASSING FINDINGS OF FACT REGARDING THE DECK'S FOOTPRINT, FINDINGS OF FACT REGARDING MATERIALS.
UH, THERE'S ALSO MODIFICATIONS TO AN ELEVATION TOWER, UH, ELEVATOR TOWER, EXCUSE ME, THAT'S IN THE RIGHT OF WAY.
UM, THE HDRC CONDUCTED A PUBLIC HEARING, UH, INCLUDED PUBLIC
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TESTIMONY, UM, HEARING THAT EVIDENCE, FINDINGS OF FACT, REVIEWING STAFF'S RECOMMENDATION.THE HDRC UH, MADE THEIR DECISION.
THAT DECISION WAS TO RECOMMEND APPROVAL.
UH, HERE IN A COUPLE OF SLIDES, I'LL SHOW YOU STAFF'S RECOMMENDATION AS WELL AS THE COMMISSION'S ACTION.
UH, AND OHP STAFF ISSUED THAT CERTIFICATE OF APPROPRIATENESS, UH, PER POLICY.
UM, THE COMMISSION ALSO REQUESTED THAT THE APPLICANT, UM, WORK WITH THE RIVER WALL HOTEL AND SPA CORPORATION TO FURTHER MITIGATION TO ADDRESS THEIR CONCERNS.
UM, THIS ISN'T SOMETHING THAT OHP STAFF CAN ENFORCE AN APPLICANT TO DO.
UH, THE HDRC IS NOT ABLE TO OBLIGATE AN APPLICANT TO WORK WITH A NEIGHBOR.
UM, BUT, UM, THAT'S SOMETHING THAT WAS INCLUDED.
THE RECOMMEND OR THE SUGGESTION WAS INCLUDED IN THE CERTIFICATE OF APPROPRIATENESS.
UM, ONCE AGAIN, PERMITTING HAS NOT OCCURRED.
UM, AND, UH, WE BELIEVE THAT THE CONCERN, SOME OF THE CONCERNS ARE OPERATIONAL.
UM, THEY'RE NOT NECESSARILY PERTAINING TO A DESIGN.
UM, AND THAT THERE MAY BE AN OPPORTUNITY FOR, UH, THE APPLICANT, UH, OF THE APPEAL, UH, AND THE PROPERTY OWNER THAT'S ADJACENT THE APPLICANT FOR THE DECK TO WORK TOGETHER TO, TO RESOLVE THAT.
UM, HERE'S STAFF'S RECOMMENDATION.
AS IT WAS SHOWN IN OUR CASE FILE.
UM, THERE WERE THREE REQUESTS, UH, YES, THREE REQUEST ITEMS. UM, ITEM NUMBER TWO WAS THE CONSTRUCTION OF THE, THE OUTDOOR DINING DECK.
UM, YOU CAN SEE THAT THERE IS A STIPULATION TO ANY REVISIONS THAT RESULT THAT ARE THE RESULT FROM STRUCTURAL DESIGN BE SUBMITTED TO OHP STAFF FOR REVIEW AND APPROVAL.
AND THEN DOWN BELOW, ALL WORK WITHIN THE RIGHT OF WAY SHALL BE COORDINATED WITH THE CITY PUBLIC CITY'S PUBLIC WORKS DEPARTMENT.
THAT'S THROUGH A CANVASING PROCESS.
LASTLY, IN THE COMMISSION ACTION, YOU CAN SEE THE COMMISSION HAD MADE THE DECISION TO APPROVE WITH OHP STAFF STIPULATIONS.
UH, AND THEN DOWN BELOW THAT THE COMMISSION REQUESTED THAT THE APPLICANT WORK WITH THE ADJACENT PROPERTY OWNER TO FURTHER EXPLORE MITIGATION TO ADDRESS THEIR CONCERNS.
UM, SO, UH, AT THIS TIME, YOU ALL ARE ASKED TO DETERMINE WHETHER OR NOT TO UPHOLD THE DECISION OF THE HDRC, UM, UM, UDC SECTION 6 0 8 35 6 0 8.
UH, IN DETERMINING WHETHER OR NOT TO GRANT THE APPEAL, THE BOARD OF ADJUSTMENTS SHALL CONSIDER THE SAME FACTORS AS THE COMMISSION AND THE REPORT OF THE COMMISSION.
NEW EVIDENCE SHALL NOT BE CONSIDERED.
UH, STAFF'S FINDINGS IN THE ORIGINAL EXHIBITS PERTAINING TO THIS CASE ARE PROVIDED TO THE BO OAE FOR CONSIDERATION.
AND THEN STAFF RECOMMENDS THAT THE DECISION TO APPROVE BE UPHELD AND THAT THE APPEAL BE DENIED.
UM, I THINK THIS IS, UH, BOA STAFF, UH, SO IF YOU WANT TO TALK TO THAT.
UH, STAFF MAILED OUT 16 NOTICES, UH, REGARDING THIS APPEAL TO NEIGHBORING PROPERTY OWNERS.
UH, WE RECEIVED FOUR NOTICES, UH, IN FAVOR, ZERO IN OPPOSITION DOWNTOWN NEIGHBORHOOD ASSOCIATION, AND THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND.
AND THEN ON THE FOLLOWING SLIDES, WE CAN SHOW THE NOTICES THAT WE DID RECEIVE.
THESE ARE, AGAIN, IN SUPPORT, THESE PROPERTY OWNERS ARE OUTSIDE THE 200 FOOT NOTIFICATION AREA.
UM, I CAN ANSWER, UH, TRY MY BEST TO ANSWER ANY QUESTIONS THAT YOU HAVE.
UM, LET'S SEE IF THE BOARD HAS, I HAVE TWO QUESTIONS TO START OFF WITH AND THEN WE'LL GET THE BOARD TO, TO WEIGH IN.
MY FIRST QUESTION IS ON THE HDRC VOTE, DO WE KNOW WHAT THAT VOTE, UM, HOW IT CAME DOWN? WHAT, UM, I, I, I DON'T KNOW OFF THE TOP OF MY HEAD.
UM, A SIMPLE MAJORITY IS REQUIRED FOR APPROVAL.
SO IT COULD HAVE BEEN SIX TO FIVE OR FIVE TO FOUR.
I'M NOT FOR SURE WHAT WHAT IT WAS.
WHO CAN APPEAL? UM, WHO HAS STANDING TO APPEAL? UH, SO, SO, UH, A MEMBER OF THE PUBLIC.
UM, ANY MEMBER OF THE PUBLIC STANDING OF THE, THAT'S, UM, I WOULD NEED TO LOOK IN THE UDC TO SEE THE SPECIFIC LANGUAGE.
I DO BELIEVE THEIR SPECIFIC LANGUAGE, BUT A NEIGHBOR CAN'T APPEAL THE H DRCS DECISION.
LET'S SEE IF WE HAVE ANY, ANY, UH, QUESTIONS FOR MANNA.
SORRY, I WAS TRYING TO KEEP UP WITH, AND SO, SO, UM, WHAT DID THIS, WHAT DID THE HDRC APPROVE AND WHAT IS BEING APPEALED? YES, SIR.
SO, UM, HERE I'LL, UH, GO BACK.
UH, I THINK THIS IS PROBABLY A GOOD SLIDE.
UH, SO THE HDRC APPROVED THIS DECK EXTENSION, UH, THAT EXTENDS FROM THE, THE REAR OF THE STRUCTURE AT 2 35 EAST COMMERCE STREET.
THAT DECK EXTENSION, AS YOU CAN SEE IN THE SECTION, EXTENDS OVER CROCKETT STREET AND THEN OVER THE PUBLICLY OWNED SPACE AT THE RIVER LEVEL, UH, THAT'S WHAT THE HDRC APPROVED.
NOW, THAT SCOPE OF WORK ALSO INCLUDED.
THERE'S AN EXISTING ELEVATOR TOWER THAT'S CURRENTLY THERE NOW.
THE APPLICANT WANTED TO ATTACH TO THAT AND THEN, UH, BASICALLY MODIFIED THE, THE EXTERIOR APPEARANCE OF IT, UH, UPDATED A LITTLE BIT.
UH, SO THAT WAS ALSO INCLUDED.
THE APPLICANT IS APPEALING THE ENTIRE APPROVAL OF THAT DECK.
ANY OTHER QUESTIONS FOR STAFF OR MS. ORIAN? YEAH, SO I, I AM NOW I'M EVEN MORE CONFUSED, IS THEY'RE APPEALING, THEY GOT AN APPROVAL BASED ON THEIR DESIGN AND THEY'RE
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APPEALING IT.UH, SO THE PROPERTY OWNER OF 2 35 COMMERCE RECEIVED APPROVAL TO CONSTRUCT A DECK.
THE ADJACENT NEIGHBOR IS APPEALING THE H DRCS APPROVAL OF THE CONSTRUCTION AT 2 35 COMMERCE.
UH, SO I'M, I'M NOT, I NOTICED, I NOTICED IN THE HRC STAFF REPORT THAT THE, UM, THEY FOUND THAT, UH, THE, THE PEDESTRIAN PATH AT THE RIVER LEVEL WOULD NOT BE APPROPRIATE.
WAS THAT, UM, SOMETHING THAT WAS ALTERED? UH, I'D, I'D HAVE TO LOOK AT THAT.
UH, IT STAFF, WE LOOKING AT FINDING, FINDING G THE LAST, UH, SENTENCE, I DIDN'T KNOW IF THAT HAD ANYTHING TO DO WITH IT.
AND THEN FINALLY GOING OVER THE, UH, PUBLICLY OWNED RIVER LOCK PORTION, IS THAT A, UH, LIKE A TYPICAL 10 YEAR LEASE WITH THE CITY? IS THAT SOMETHING THAT HAS TO BE PURSUED? CORRECT.
AND SO THE APPLICANT, SO LET ME GO TO, I DON'T BELIEVE IT'S INCLUDED IN THIS, BUT WHERE THE DECK IS LOCATED IS OVER EXISTING LEASE SPACE THAT THE APPLICANT HAS WITH THE CITY.
UH, SO WHAT STAFF IS SAYING IS OUTSIDE OF THAT EXISTING LEASE SPACE, WE WOULD NOT FIND THAT CONSTRUCTION TO BE APPROPRIATE.
UH, ESSENTIALLY TO SAY THE DECK NEEDS TO BE MAINTAINED OVER EXISTING LEASE SPACE.
UH, BUT, UH, UH, CHAIRMAN, THIS, UM, SORRY, THIS PHOTO ON THE SCREEN HERE MAY BETTER, UH, SHOW, UH, THE SUBJECT PROPERTY, UH, AND THEN WHERE THE NEIGHBORING PROPERTY IS.
WHO IS THE APPLICANT FOR THE APPEAL.
HAS THE APPLICANT OF THE APPEAL SPECIFIED, UM, PRECISELY WHAT THE CONCERNS ARE, UH, WITH THE CURRENTLY GRANTED? UM, I, I WOULD, UM, FEEL MORE COMFORTABLE IF, IF THEY ANSWER THAT 'CAUSE I DON'T WANT TO TAKE AWAY OR, OR ADD TO WHAT THEIR CONCERNS ARE.
BUT IN SUMMARY, I THINK IT WAS OVERALL OPERATIONAL ISSUES.
UH, BUT THEY, THEY WOULD BE BEST TO ANSWER THAT.
ANY OTHER QUESTIONS FOR STAFF? ALRIGHT.
HEARING NONE, WE'D ASK THE APPLICANT TO PLEASE COME FORWARD.
AND I, UH, KEN BROWN WITH BROWN MCDONALD, UH, 100 NORTHEAST FOUR 10, SUITE 1385.
UM, WE ARE THE ABUTTING PROPERTY OWNERS.
UH, AND SO WHEN STAFF SAID FOUR WERE IN FAVOR, I I THINK THEY HAD THAT CONFUSED BECAUSE EVERYONE IN THE IMMEDIATE AREA IS OPPOSED TO THE DECK IN FAVOR OF THE APPEAL.
UM, SO I WANNA PUT IN THE RECORD, UM, TWO DOCUMENTS.
ONE IS OUR APPEAL DOCUMENT THAT GOES THROUGH ALL THE FINDINGS OF FACT.
UH, THE OTHER IS A PRESENTATION THAT I JUST WANT TO BE A PART OF THE RECORD.
UM, AND CHAIRMAN, THANKS FOR ANDREW.
THANKS FOR BRINGING UP THE APPEAL.
UM, DO YOU HAVE MY PRESENTATION? OKAY.
UH, JUST TO BE CLEAR, UH, THE CODE DOES SAY THAT, UH, A PERSON, UH, IS ENTITLED TO THE APPEAL, WHO IS THE OWNER OF REAL PROPERTY WITHIN 200 FEET AND HAS STANDING TO BRING THE APPEAL.
UH, I REPRESENT, UH, OMNI HOTELS AND RESORTS.
UH, WE ARE BOTH RIGHT NEXT TO THIS, UH, PROPERTY AND ACROSS THE RIVER.
AND IF YOU'LL GO TO THE NEXT SLIDE, UM, SO THE PROPERTY NEXT TO THE PROPERTY THAT HAS WANTS, I'M GONNA CALL IT A TREE HOUSE, UH, IS THE MACRA HOTEL.
UH, IT WAS CONVERTED TO A HOTEL IN 2003, AND OMNI PURCHASED IT IN 2006.
THE SECOND PROPERTY IS LAMONT.
UH, IT WAS TRANSITIONED INTO A LAW SCHOOL AND, UH, BECAME A HOTEL IN 1968, WHICH WAS HEMISPHERE.
THE NEXT IS THE SUBJECT PROPERTY.
UM, IT, IT IS A SAN ANTONIO LOAN AND TRUST COMPANY.
UH, AND IT'S OBVIOUSLY BEEN THERE FOR 125 YEARS.
UH, THAT IS THE CHARACTER OF THE AREA IN WHICH NEXT SLIDE, UM, I'M GONNA CALL THEM THE APPLICANT.
THE APPLICANT FOR THE TREE HOUSE.
UH, THAT IS THE AREA IN WHICH THEY WANT TO
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BUILD THIS, THIS TREE HOUSE.UM, SO WE ARE APPEALING, APPEALING THE ADMINISTRATIVE DECISION BY STAFF OHP STAFF.
UM, AND GOING THROUGH AND, AND OUR LETTER OF APPEAL GOES THROUGH ALL THE FINDINGS OF FACT.
I'M GONNA GO THROUGH THE THREE MAIN ONES, WHICH IS THE ADDI.
THE ADDITION SHOULD BE LOCATED AT THE SIDE OR REAR OF THE BUILDING.
UM, THE ADDITION SHOULD INCORPORATE ARCHITECTURAL DETAILS.
THE ADDITION SHOULD SUBORDINATE, UH, TO THE STRUCTURE'S PRIMARY FACADE.
SO THIS IS THE FRONT AND THE BACK OF THE BUILDING.
AND THE RULE ABOUT WANTING ANY KIND OF STRUCTURE, UH, ON THE BACKER SIDE IS SO YOU WON'T IMPACT THE ARCHITECTURAL FEATURE FEATURES OF THE BUILDING.
IN THIS CASE, WE FACE COMMERCE STREET AND CROCKETT AND THE RIVER.
WE HAVE THIS VERY SIMILAR ARCHITECTURE, ARCHITECTURAL FEATURES ON BOTH SIDES OF THE BUILDING.
UH, AND SO THIS SHOWS BASICALLY WHERE THE TREE HOUSE WILL BE, UH, OVER CROCKETT, UH, ONTO THE RIVER.
IT, IT COVERS UP A LOT OF THE FACADE OF THAT BUILDING FACING THE RIVER.
UH, THE SECOND RULE IS THAT THE, UH, ADDITION SHOULD INCORPORATE ARCHITECTURAL DETAILS THAT ARE KEEPING WITH THE ARCHITECTURAL STYLE OF THE ORIGINAL STRUCTURE.
I DON'T KNOW WHAT A TREE HOUSE STRUCTURE LOOKED LIKE IN 1900.
UM, I, I WOULD SAY THOUGH IT LOOKS NOTHING LIKE THESE, THESE FEATURES THAT ARE ON THE FRONT AND THE BACK OF THE BUILDING, UH, I'M NOT SAYING IT DOESN'T LOOK ALL RIGHT.
IT JUST DOESN'T LOOK LIKE ANYTHING THAT, THAT LOOKS LIKE THE BUILDING.
UM, THE THIRD, UH, ADDITION SHOULD BE SUBORDINATE TO, UH, THE STRUCTURE'S PRIMARY FACADE.
SO THIS IS WHAT IT LOOKS LIKE ACROSS THE RIVER FROM, UH, LA LA MANION.
I'LL PROBABLY NOT BE ABLE TO USE IT.
UM, AND SO THE ONE STRUCTURE, I THINK IS THE ELEVATOR.
THE OTHER, WHICH LOOKS LIKE SCAFFOLDING, UH, BUT UNFORTUNATELY WILL BE PERMANENT, UH, AS IT RELATES TO LA MANION AND OUR HOTEL, THAT, THAT ABUTS IT.
UH, I, I DON'T THINK THAT IS SUBORDINATE TO THE STRUCTURE'S PRIMARY FACADE.
REMEMBER, IT HAS TWO PRIMARY FACADES.
UH, THIS IS A VIEW FROM THE RIVER BOAT, RIVER BOATS ON THE RIVER.
UH, I, I JUST BLOCKED OUT WHERE IT'S GONNA BE.
IT, IT BLOCKS OUT HALF THE BUILDING.
UM, SO WE DON'T THINK IT MEETS THE RULES.
UH, THE LAST ONE IS THIS IS, THIS IS OUR OUTDOOR PATIO WHERE WE SERVE DINNER.
UH, THAT STRUCTURE IS RIGHT ON TOP OF US FROM A STANDPOINT OF VISUALLY, UH, NOISE, SOUND, ALL THAT, THAT SORT OF STUFF.
UM, AS STAFF STATED ON THE 18TH, A CERTIFICATE OF APPROPRIATENESS WAS ISSUED.
UM, AND IT DID INCORPORATE AS, AS, AS THE CONDITION AT HDRC SAID, WHAT WAS FOR THAT APPLICANT TO MEET WITH THE ABUTTING PROPERTY OWNERS, WHICH OF US.
UM, THAT WAS A VERY, VERY HARD THING, WHICH, UH, WE ULTIMATELY HAD TO GET THE COUNCILWOMAN WOMAN INVOLVED TO MEET WITH THE APPLICANT.
AND, UM, SOME OF OUR CONCERNS WERE BROUGHT TO BEAR.
UM, UM, UPFRONT, WE ASKED WHAT, WHAT WAS THE DESIGN, YOU KNOW, GOAL? AND THE ARCHITECT SAID THAT THEY WANTED TO CHANGE THE CHARACTER OF THIS AREA OF THE RIVER.
AND WE WERE LIKE, WHAT DO YOU MEAN? WE'VE RELIED ON IT FOR A VERY, VERY LONG TIME.
UM, THEY ALSO SAID THAT THEY WANT TO GET PEOPLE OFF THE RIVER AND UP ON STREET LEVEL.
UM, THAT IS THE LAST THING WE WANT AS OPERATORS ON THE RIVER.
UM, YOU KNOW, THERE WAS A RECENT ARTICLE IN THE PAPER THAT SAID, UM, TRAFFIC ON THE RIVER IS DOWN 12% THIS YEAR.
WE DON'T WANT PEOPLE OFF THE RIVER.
AND I THINK, UM, STREET SIDE, WELL, THEY HAVE NO ACCESS REALLY FROM THAT SIDE.
UH, SO WE HAD A REALLY A, A PROBLEM WITH THAT.
AND THEN THEY FINALLY SAID TO ALLEVIATE OUR CONCERNS, WHICH THEY ONLY MADE 'EM WORSE, THAT THE STRUCTURE IS NOT ACTUALLY ATTACHED TO THE BUILDING.
AND THEREFORE, IF THIS DOESN'T WORK OUT, THAT IT COULD BE TAKEN
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DOWN.ONCE AGAIN, OUR BIGGEST FEAR IS THAT THIS IS GOING TO BE PUT UP AND IT'S NOT GONNA WORK OUT BECAUSE I'M SURE YOU'RE FAMILIAR WITH THE CANOPY HOTEL.
IT HAS SOME, IT HAS SOMETHING A LOT LIKE THIS.
AND, AND IT WORKS BECAUSE IT'S ATTACHED TO A HOTEL.
THIS IS ATTACHED TO A BUILDING THAT HAS VERY LITTLE SQUARE FOOTAGE, AND THE REST OF IT IS PROBABLY GONNA BE USED FOR SOME OFFICE SPACE.
AND SO, UM, YOU KNOW, WE BELIEVE THAT THE HOTELS ARE THE BACK BACKBONE OF THE RIVERWALK.
UH, I'M NOT HERE TO ASK YOU TO STEP IN THE SHOES OF HDRC.
I'M ASKING YOU TO PROTECT THE ABUTTING PROPERTY OWNERS AND, AND THE OPERATORS THAT HAVE BEEN ON THE RIVER FOR 45 YEARS.
UM, YOU KNOW, THESE OPERATORS SERVE CONVENTIONEERS.
THEY SERVE BUSINESS PEOPLE, YOU KNOW, THEY SERVE, YOU KNOW, UM, TOURISTS.
UH, THAT'S WHAT HAS BEEN KEEPING THE RIVER WALK ALIVE.
UM, AS I SAID, THE LA MANION HAS BEEN, UH, IN BUSINESS SINCE 1968.
THE MACRA HAS BEEN IN BUSINESS SINCE 2007.
UM, AFTER THAT MEETING, UH, WITH THE COUNCIL MEMBER, UM, WE HAD THIS, THIS MEETING SCHEDULED TWO WEEKS AGO.
AND WE WERE ABLE TO SET UP A MEETING WITH JUST, UH, OUR CLIENT, THE OPERATORS, AND THEY'RE HERE, UH, AND THE APPLICANT FOR THE TREE HOUSE.
UM, AND, YOU KNOW, ONCE AGAIN, WE ADDRESSED OUR CONCERNS.
AND THE CONCERNS ARE THE SOUND, UM, THE HOURS OF OPERATION AND, AND WHAT THEY'RE GONNA USE THERE.
WE, WE DON'T WANT THERE TO BE OUTDOOR LIVE MUSIC.
UH, AND WE THOUGHT THOSE WERE REASONABLE THINGS IF WE WEREN'T GONNA BE ABLE TO, TO GET IT STOPPED COMPLETELY.
UM, UH, WE WERE TOLD THAT, UH, THEY DIDN'T WANT TO NEGOTIATE ON THOSE ISSUES BECAUSE THEY ARE NOT GONNA BE THE O THE ULTIMATE OPERATOR, THAT THEY'RE LOOKING TO SELL THE BUILDING AND THEY'RE LOOKING TO PACKAGE IT, UH, AS FOR SOMEBODY ELSE.
SO NOW THAT'S LIKE THE FOURTH WORST THING THAT COULD HAPPEN.
SO NOW WE DON'T EVEN KNOW WHO WE'RE DEALING WITH.
UH, WE DON'T EVEN KNOW WHAT IT'S GOING TO BE.
UM, IT IS LITERALLY IN OUR ROOMS. IT IS AT THE LEVEL OF FOUR OR FIVE OF OUR ROOMS, UH, AND IT'S RIGHT ON TOP OF OUR DINERS.
UM, ONCE AGAIN, WE'RE ASKING YOU TO PROTECT THE ABUTTING PROPERTY OWNERS.
UM, WE HAVE, UH, TWO PEOPLE FROM OMNI HERE TO EXPLAIN THE IMPACT ON US.
UH, BUT WE WOULD RESPECTFULLY REQUEST THAT YOU APPROVE OUR APPEAL.
LET'S SEE IF WE HAVE ANY QUESTIONS.
DO WE HAVE ANY QUESTIONS? I, I HAVE A QUESTION, IVAN.
UH, I'M NOTICING THE DESIGN AND OF, OF THE TREE HOUSE.
YEAH, THAT WAS THE ARCHITECTS AND I, FOR ME, IT LOOKS LIKE A CARPORT, UHHUH.
UM, AND I'M VERY CURIOUS AS FAR AS STRUCTURALLY, UM, ABOUT WEATHER AND RAIN BECAUSE WE, WE MAKE A BIG DEAL HERE ABOUT CARPORTS AND WATER GOING INTO PRIVATE PROPERTY.
AND STRUCTURALLY, WHERE WOULD ALL THE RAIN FOR THIS THING GO TO? SO I THINK THAT QUESTION MIGHT BE BEST FOR, FOR THE, FOR THE DIESEL.
SO IS THAT PART OF YOUR CONCERN TOO, IS, IS THAT THE STRUCTURE ITSELF MAYBE ISN'T, UH, CONTINGENT TO PEOPLE GO WALKING THE TRAFFIC THAT GOES UNDER PEDESTRIANS AND PEDESTRIANS ON THE RIVER? WE HAVE THAT CONCERN FOR PEDESTRIANS AND OUR DINERS, YOU KNOW, THAT, THAT ARE REALLY RIGHT, RIGHT BELOW THAT.
UH, WE, YOU KNOW, UM, AT, AT ONE POINT, UM, THE APPLICANT, UH, SAID WE'D LIKE TO BE GOOD BUSINESS PARTNERS, BUT, BUT WE SEEM TO BE SILENT PARTNERS.
WE, WE DON'T SEEM TO HAVE ANY INPUT.
UH, YOU KNOW, I THINK THIS MAKES SOME SENSE, UH, IF IT WERE ATTACHED TO A HOTEL.
AND, AND I THINK OUR HOTELS ARE VERY IMPORTANT TO THE SUCCESS OF THIS THING.
AND DO YOU FEEL THAT IT ALSO DAMAGES THE HISTORICAL SIGNIFICANCE OF THOSE BUILDINGS? I, I DIDN'T WANT TO, I DIDN'T WANNA PUT MYSELF INTO THAT POSITION, BUT IT OBVIOUSLY DOES.
IT, IT, YOU KNOW, IN ONE OF THE MEETINGS THEY SAY IT DOESN'T OBSTRUCT THE VIEW OF THAT BUILDING AND THEIR, THE WHOLE PREMISE IS BASED UPON, THAT'S THE BACK OF THE BUILDING.
IT, IT IS, IT FACES CROCK, IT FACES THE RIVERWALK AND IT HAS THE SAME ARCHITECTURAL FEATURES THAT ARE BEING COVERED UP BY.
IS THAT THE, THE, YOU'RE CONSIDERING THAT TWO, SINCE THE OWNERS OF THAT BUILDING ENTER FROM
[00:30:01]
BOTH SIDES? YES.IS THAT BUILDING USED FOR A DIFFERENT PURPOSE? FROM THE FRONT, FROM THE, I DON'T THINK FROM CROCKETT'S FACE, I THINK FRONT.
THANK, THANK YOU NAVIUS, MS. MENEZ.
SO YOUR CONCERNS TO OUR, UM, FOR THE ELEVATED PATIO IS ONE NOISE.
THE RIVER WALK THOUGH, IS IT JUST THE OUT 'CAUSE YOU'RE NOT, YOU'RE UNAWARE OF THE HOURS OF OPERATION.
WE, WE BROUGHT THE NOISE TO A DIFFERENT LEVEL, REMEMBER? YEAH, THERE'S A LOT OF NOISE ON THE RIVER WALK NOW.
WE'VE BROUGHT IT UP TWO AND A HALF OR THREE STORIES THAT ARE RIGHT AT THE LEVEL OF OUR HOTEL ROOMS. MM-HMM
SO THAT'S A DIFFERENT KIND OF NOISE.
BUT THAT'S A STREET, RIGHT? UH, IT'S ABOVE THE STREET.
BUT, BUT CROCKETT STREET, THAT'S WHERE AUTO, UM, CARS, THAT'S WHERE OUR, THAT'S WHERE CARS COME IN AND DROP OFF OUR HOTEL GAS.
AND YOUR SECOND OBJECTION IS THAT IT'S NOT ATTACHED TO THE HOTEL.
THAT, NO, THE FIRST ONE WAS THAT IT'S BLOCKING IT.
UH, AND, BUT THE NOISE, THE HOURS OF OPERATION AND THE USE, UH, WE, WE DON'T WANT LIVE MUSIC UP THERE.
WE DON'T WANT, UH, AMPLIFIED MUSIC UP THERE.
WE THOUGHT WE HAD REASONABLE REQUESTS.
YOU KNOW, ONCE YOU, YOU BROUGHT THIS OFF THE RIVER AND UP TO OUR, OUR HOTEL GUEST LEVEL WHERE THEY SLEEP, IT, IT'S DIFFERENT FROM ON CROCKETT OR ON THE RIVER.
WE UNDERSTAND EVERYONE MAKES NOISE DOWN THERE.
DO WE KNOW IF, IS IT GONNA BE USED AS A PATIO, AS A RESTAURANT? DO WE KNOW THAT THERE'S LIVE MUSIC? I MEAN, HAVE, HAS THAT BEEN? WELL, ONCE AGAIN, THEY'RE NOT THE FINAL USERS.
SO WHEN WE ASK THOSE QUESTIONS, CAN WE PUT RESTRICTIONS ON THERE? THEY'RE LIKE, WE DON'T WANT TO HANDICAP OURSELVES FOR WHOEVER MIGHT TAKE THIS OVER.
AND WHAT I'M SAYING IS, WELL, WE'VE BEEN HERE FOR 45 YEARS AND YOU KNOW, YOU KNOW, WE CAN GO THROUGH A DOWNTURN IN THE ECONOMY.
WE CAN GO THROUGH A PANDEMIC, YOU KNOW, BUT NEVER EXPECTED THAT WE WOULD BRING THE RIVERWALK UP TO OUR HOTEL ROOM LEVEL.
ANY OTHER QUESTION FOR UNI? UH, UNI, MS. EZ, UH, YEAH, FOR THE CITY, IF THIS WERE TO GET APPROVED, THIS GOES THROUGH AND EVERYTHING, WHAT COULD THIS POTENTIALLY BE USED FOR? LIKE WHAT ARE SOME EXAMPLES OF WHAT THIS COULD BE USED FOR? I BELIEVE THAT PROPERTY IS ZONE D FOR DOWNTOWN.
SO THAT WOULD INCLUDE, YOU KNOW, RESTAURANT BAR USES.
UM, BUT I THINK THE, UH, LET ME LOOK UP WHAT THE CURRENT USE IS, BUT I THINK TO HIS POINT, THE APPELLANT POINT, I MEAN, WE GOTTA KNOW IF WE COULD KNOW, HEY, YOU KNOW, IF THIS GETS APPROVED DOWN THE LINE, REGARDLESS OF WHAT THEY PROMISED THEY'RE GONNA DO, THEY COULD END UP DOING A BAR THAT COULD OPERATE TILL 2:00 AM AT A CERTAIN LIKE, DISBEL LEVEL OR WHATEVER IT IS.
I, UM, I DO WANNA SAY IT IS ZONE DD ALLOWS EVERYTHING AND I I, THAT THAT INCLUDES, AND I KNOW IT'S NOT GONNA BE INDUSTRIAL, BUT IT ALLOWS EVERYTHING FROM SINGLE FAMILY TO INDUSTRIAL, EVERYTHING.
ALRIGHT, THANK YOU MR. MARTINEZ, MR. AMANDA.
SO ONE QUESTION, AND I'M JUST, SO THIS IS ON WHAT PART OF THE RIVERWALK DOES A BUSINESS OWN THAT THEY'RE GOING TO PLANT SOMETHING OUT ON THE RIVERWALK OUTSIDE OF THE PROPERTY.
SO, SO, SO THEY'RE CROSSING A STREET AND SO THE, DO THEY OWN THE STREET PART AND UNDERNEATH IT AND THEN THEY CAN APPLY FOR SOMETHING, YOU KNOW, TO BUILD SOMETHING ACTUALLY INTO THE RIVERWALK.
SO IT SEEMS, I'M NOT AWARE OF TOO MANY BUSINESSES THAT HAVE DONE THAT.
AND THEN, YOU KNOW, IT SEEMS A LITTLE BIT STRANGE TO ME THAT, YOU KNOW, A BUSINESS COULD, COULD CROSS A STREET, YOU KNOW, AND BUILD IT AND BUILD BASICALLY AN ENTRANCE INTO THEIR, YOU KNOW, THEY, THEY DON'T HAVE RIVER ROCK ADDRESS, BUT THEY'RE GONNA MAKE THEMSELVES RIVER ROCK ADDRESS BY, BY BUILDING THIS.
SO IT JUST SEEMS A LITTLE BIT ODD, YOU KNOW, IN GENERAL.
SO THAT'S JUST A GENERAL COMMENT.
YEAH, SO EDWARD AND I ARE JUST TALKING, IT'S, SO THEY DO HAVE, UH, SOME RIGHTS OF THE AIR, BUT AS HE EDWARD MENTIONED, THEY'RE STILL GOING THROUGH ALL THE PERMITTING PROCESS.
SO THEY WOULD HAVE TO BASICALLY COMPLY WITH, UM, FOR INSTANCE, ANY RIGHT OF WAY PERMITTING, ANYTHING LIKE THAT, FOR ANY KIND OF ENCROACHMENT.
AND, AND THAT WAS ONE OF OUR QUESTIONS ALSO BECAUSE THAT CROCKETT IS RIGHT OF WAY AND YOU'VE SEEN SKYWALKS IN SOME BUILDINGS AND YOU TYPICALLY HAVE TO HAVE A LICENSE AGREEMENT OR AN AIR RIGHT.
OR AIR RIGHTS OR SOMETHING, WHICH THEY DON'T HAVE NOW.
AND I'M SURE, AND A LOT OF TIMES I SEE, I'LL SEE SKYWAYS FROM A BUILDING TO A BUILDING, RIGHT? WHERE, WHERE TWO PARTIES OWN THE BUILDINGS.
WHERE HERE THE, YOU KNOW, I OWN THE RIVERWALK AS A CITIZEN, YOU KNOW, KIND OF WE'LL SAY NOT REALLY, BUT WE'LL SAY IT'S THE CITY OF SAN ANTONIO DOES.
AND SO IT SEEMS A LITTLE BIT STRANGE THERE THAT, YOU KNOW, THAT THAT'S BEING DONE THERE.
UM, WELL, AND TO GET THERE, WHAT YOU SEE ON THE RIVERWALK IS THE POLES, AND THAT'S, THAT'S ALL YOU SEE DOWN THERE.
THAT'S, THAT'S WHAT'S RIGHT NEXT TO OUR DINING AREA.
SO IF THE APPEAL IS GRANTED, UM, DOES, SO WHAT IS THE NEXT STEP? WHAT, WHAT
[00:35:01]
HAPPENS NEXT, YOU KNOW, WITH REGARDS TO THE, THE APPLE AND UH, GOING BACK TO THE CITY? SO IS THERE MORE DIALOGUE OR DOES, DOES THIS GET SHUT DOWN OR, OR SO WHAT'S THE NEXT STEPS SHOULD IT BE THAT IS GRANTED? I MEAN, IF THE APPEAL IS GRANTED, THE APPLICANT COULD RETURN TO THE COMMISSION WITH A NEW DESIGN.UM, BUT DOES THE OLD DESIGN THEN GET, UH, I GUESS VOIDED SIMPLY, I MEAN THERE IS THAT THE, THE, THE BOARD OF ADJUSTMENTS DECISION WITHSTAND.
SO IF, IF YOU, IF YOU APPROVE THE APPEAL, IT'S ESSENTIALLY OVERTURNING THE DECISION OF THE HDRC AND THE HISTORIC PRESERVATION OFFICER.
AND A FOLLOW UP QUESTION, IS THERE A TIME CONSTRAINT? SO WE TYPICALLY SEE LIKE A YEAR BEFORE THEY CAN REAPPLY OR SOMETHING.
IS THERE ANY KIND OF TIME RESTRAINT TO THAT DECISION THAT THE BO A MAKES? I, I'M NOT FOR SURE IF THE BOA'S DECISION ADDS OR CHANGES ANYTHING.
BUT IF SOMEONE WERE DENIED BY THE HISTORIC AND DESIGN REVIEW COMMISSION, IF THEY WANTED TO COME BACK WITH THE EXACT SAME DESIGN, THEY WOULD NEED TO WAIT A YEAR OR RECEIVE A VARIANCE FROM THE HDRC TO RECONSIDER THAT SAME DESIGN.
UH, NOW, BUT IT WOULDN'T BE THE LA THE EXACT SAME DESIGN, RIGHT? DO I DO WOULD HAVE TO HAVE SOME TYPE OF, WELL, SOME DIFFERENT, WELL, A LITTLE BIT OF CLARIFICATION ON THAT.
AN APPLICANT COULD CHANGE THE DESIGN AND THEN COME BACK WITHIN THAT YEAR PERIOD.
IF THE APPLICANT DID NOT WANT TO CHANGE THEIR DESIGN, THEY WOULD HAVE TO WAIT A YEAR OR REQUEST FROM THE HDRC THAT THEY GRANT A VARIANCE TO RECONSIDER THE EXACT SAME DESIGN WITHIN THAT YEAR PERIOD.
ALRIGHT, STEPH, UH, LET'S, OH, MR. IAN.
YEAH, SO, UM, ON THE STAFF REPORT, UH, I'M GONNA BRING UP WHAT I HAD MENTIONED EARLIER.
IT SAYS FINDINGS CONSIDERED BY THE HDRC AND FINDING NUMBER G SAYS THAT THE LOCATION OF DECK ELEMENTS OVER LANDSCAPE ELEMENTS, THE RIVER CHANNEL AND THE ESTABLISHED PEDESTRIAN PATH AT THE RIVER LEVEL WOULD NOT BE APPROPRIATE.
IS, IS THAT DECISION INCORPORATING ITEM G SOMEHOW? I DIDN'T, I'M TRYING TO FIGURE OUT WHERE THAT LIES IN THE COA THAT WAS ISSUED.
UH, SO IF WE COULD REFERENCE THE SITE PLAN, UM, WHAT STAFF IS REFER, WHAT STAFF IS REFERRING TO IN THAT, IN THAT FINDING IS CURRENTLY WHERE THE APPLICANT HAS PROPOSED THE DECK, THEY HAVE A CURRENT LEASE WITH THE CITY WHERE THEY OPERATE BELOW THAT SPACE.
WHAT WE ARE SAYING IS IF THE DECK WAS LARGER TO EXTEND FURTHER OUT TOWARD THE RIVER OR FURTHER OUT OVER THE RIVER, OR IF IT OBSTRUCTED THE EXISTING PEDESTRIAN PATH THAT'S STILL OUTSIDE OF THE LEASE SPACE, THAT WOULD NOT BE APPROPRIATE.
HOWEVER, AS DESIGNED STAFF FINDS THAT IT DOES NOT IMPACT THOSE THREE ELEMENTS THAT WERE MENTIONED.
AND THEN, UH, THE, THE LONGMAN SANDWICH IS DIRECTLY ACROSS THE STREET.
I KNOW THAT THEY'RE VERY POPULAR ABOUT HAVING THOSE BALCONIES AND IT SEEMS LIKE WHAT'S BEING PROPOSED IS GOING TO HAVE A VIEW SHED, UH, ENCUMBRANCE TO, TO THAT, UH, BALCONY.
DID Y'ALL LOOK AT THAT AT ALL? 'CAUSE I DIDN'T SEE THAT.
THERE'S NOT A, A VIEW SHED ORDINANCE.
UM, THAT'S, THAT'S WITHIN OUR UNIFIED DEVELOPMENT.
WHAT, WHAT I'M GETTING AT IS, IS THAT IT DOES TAKE AWAY FROM THE LOOK AND FEEL OF THE AREA.
AND I DIDN'T KNOW IF THAT WAS SOMETHING THAT'S PART OF WHAT YOU LOOK FOR.
THAT, THAT'S NOT INCLUDED IN STAFF'S FINDINGS.
SIMPLY BECAUSE WE NEED TO REFERENCE THE UNIFIED DEVELOPMENT CODE OR OUR GUIDELINES, UH, IN A FINDING.
UH, AND IF WE DON'T HAVE DIRECTION FROM THE CODE OR GUIDELINES TO APPLY, UH, A RECOMMENDATION OR A SUGGESTION OR A DESIGN PRINCIPLE, UH, THEN, THEN WE DON'T, WE DON'T MENTION THAT.
SORIAN, IS THAT, IS THAT THE END OF YOUR QUESTION? YES, THAT IS IT.
UM, STAFF, DO WE HAVE ANY VOICEMAIL OR PUBLIC COMMENT TO BE READ IN, UH, BON I HAD ANOTHER QUESTION FOR STAFF OR HDRC, IS THERE ANYTHING SIMILAR TO THIS DOWN THERE RIGHT NOW? IS THERE AN EXAMPLE OF THIS DONE ANYWHERE? UM, NOT THAT I CAN THINK OF OFF THE TOP OF MY HEAD.
UH, NO, NOT, NOT IN THIS EXACT INSTANCE WHERE IT EXPANDS OR EXTENDS OUT OVER A RIGHT OF WAY AND THEN OVER THE RIVER CHANNEL OR THE, THE RIVER WALK AREA.
SO FOR, FOR REFERENCE, HDRC HAD NOTHING TO LOOK AT PREVIOUSLY TO KIND OF GUIDE THEM IN THIS, IT WAS JUST KIND OF A FIRST THIS, IS THIS REALLY THE FIRST TIME YOU GUYS HAVE SEEN SOMETHING LIKE THIS PROPOSED? GENERALLY MANNA, MR. MANNA? IT DOES LOOK LIKE THERE IS SOMETHING FURTHER UP THE ROAD.
IF YOU PULL UP STREET VIEW OFF OF TWO 14, JUST LOOK UP TWO 14 WEST CROCKETT STREET.
I DO SEE SOMETHING FURTHER UP THE ROAD IS THAT THE CANOPY HOTEL IS UP THE UM, I'M NOT CERTAIN.
I WAS JUST GOING DOWN AGAIN, THE STREET VIEW.
I MEAN THE CAN IS THE ONLY THING THAT WE COULD FIND.
BUT THAT WAS AS IT WAS BUILT AS A HOTEL, RIGHT? WITH THE FLOW FROM THE HOTEL INTO THE RIGHT.
[00:40:01]
MR. MANNA.SO, AND I'M GONNA EXTEND THE QUESTION THAT I ASKED EARLIER.
SO I THINK IF I UNDERSTOOD, BECAUSE THE, UH, THE PROPERTY UNDERNEATH THE STREET IS, IS PART OF THIS PROPERTY, THAT'S WHY IT IS, THAT'S CONSIDERED TO BE OKAY TO EXTEND A BRIDGE OR YOUR, THE CITY'S POSITION TO EXTEND THE, UM, THE BRIDGE OVER OVER, UM, COMMERCE.
UM, COULD THEY HAVE EXTENDED THAT BRIDGE ALL THE WAY ACROSS THE RIVER AND PUT IT ON THE OTHER SIDE AND PUT A POST THERE? UH, NO.
SO THE, UH, JUST TO CLARIFY, THE SPACE THAT IS BENEATH THE PROPOSED EXTENSION IS LEASE SPACE.
SO THE APPLICANT, THE PROPERTY OWNER, ALREADY LEASES THAT SPACE FROM THE CITY.
AND WHAT STAFF IS SAYING IS THAT THAT IS MAINTAINED.
IF IT DOES NOT EXTEND OUT PAST THAT EXISTING LEASE SPACE, THEN IT WOULD BE OKAY.
UH, BUT NO, THE UDC PROHIBITS A, A BRIDGE TO BE CONSTRUCTED OVER THE HISTORIC RIVERWALK ELEMENTS.
THANK YOU VERY MUCH FOR HEARING THAT.
ANY OTHER QUESTIONS FOR, FOR THE APPLICANT? FOR STAFF? UH, OKAY.
UM, AND THIS IS A QUESTION FOR, I, I GUESS THIS WOULD BE FOR OHP, UM, THE, THE APPLICANT, NOT THE CURRENT APPLICANT, BUT THE APPLICANT FOR THIS UM, BRIDGE, THEY DO LEASE THE SPACE ON THE RIVER WALK AS WELL, RIGHT? SO IT'S CONNECTING TO THEIR SPACE? OR IS THAT NOT THE CASE? UM, I, I'M SORRY I DIDN'T CATCH THE BEGINNING OF THAT, BUT I THINK WHAT YOU'RE ASKING IS, DOES THE APPLICANT FOR THE DECK, THE HDRC ELEMENT, DO THEY LEASE THE SPACE THAT'S IMMEDIATE, BE IMMEDIATELY BELOW THAT? UH, YES.
AND ON THE RIVER WALK AS WELL? NOT, NOT THIS, YES.
THAT, THAT'S WHAT I, THAT WAS MY UNDERSTANDING.
ANY OTHER QUESTIONS? HEARING NONE, UH, DO WE HAVE ANY VOICEMAIL OR PUBLIC, UH, COMMENTS TO BE? YES.
AND JUST TO CLARIFY ON THE PUBLIC COMMENT THAT WAS DISPLAYED IN THE PRESENTATION, UH, THOSE WERE LABELED AS IN FAVOR.
BUT AGAIN, JUST TO CLARIFY, THE NATURE OF THOSE COMMENTS WAS SUPPORTIVE OF THE CONSTRUCTION OF THIS DECK, NOT OF THE APPELLANT'S REQUEST TO OVERTURN THE HDRC DECISION.
SO SORRY FOR THAT CONFUSION THERE, BUT WE DO HAVE TWO SPEAKERS SIGNED UP TO SPEAK.
UH, DO WE HAVE RUSTY WALLACE YOU'LL HAVE A CHANCE FOR, YOU'LL HAVE A CHANCE FOR A BOTTLE HERE.
CAN I JUST HAVE A CLARIFICATION FROM THE CITY THAT CROCKETT THAT WE JUST SAW ON THE CANOPY HOTEL, IS THAT USED AS A WALKWAY OR IS THAT A PATIO OR WHAT IS THAT? IT LOOKS LIKE A PATIO.
WHEN I LOOK AT GOOGLE IMAGES, IT LOOKS LIKE IT'S A PATIO FOR THEIR, UM, I'LL TELL YOU WHAT.
LIKE THEIR BAR OR RESTAURANT AREA.
IT'S, IT'S A SMOKING DECK AND A BAR FOR THE AZTEC THEATER WHEN THEY HAVE SHOWS.
UH, READY FOR PUBLIC COMMENT IF PLEASE.
I'M THE GENERAL MANAGER OF THE OMNI LAMONT DEL RIO IN THE MAKARA HOTEL AND SPA.
I HAVE BEEN SINCE 2006, SO I'VE BEEN ON THE RIVERWALK FOR A LITTLE WHILE.
UM, I WORK FOR OMNI HOTELS AND RESORTS.
WE PURCHASE AND OPERATE HOTELS.
WE DO NOT BUY 'EM AND SELL 'EM, WE KEEP THEM FOREVER BASICALLY.
UM, AND WE BOUGHT THESE PROPERTIES IN 2006.
UM, WE DIDN'T FIND OUT ABOUT THE DECK TILL IT WAS ALREADY, UH, THEN I'LL CALL IT A DINING DECK INSTEAD OF A TREE HOUSE.
WE DIDN'T FIND OUT ABOUT IT UNTIL IT WAS ALREADY PRETTY MUCH THROUGH HDRC.
WE WERE NEVER ASKED OR TALKED TO ABOUT IT PRIOR TO IT HAPPENING.
ALSO NOTE THAT ON THE LETTERS OF SUPPORT, THE NEIGHBOR ON THE OTHER SIDE, WHICH IS THE WESTON FAMILY, THEY'RE NOT, THEY WEREN'T ASKED, WE WEREN'T ASKED EITHER.
SO, UM, SO A LOT OF THIS HAPPENED KIND OF BEHIND THE SCENES.
BUT FRIDAY, TWO WEEKS AGO, I ACTUALLY TOOK, UM, CHRIS HILL UP TO THE SECOND FLOOR OF MY HOTEL AND WE WENT OUT ON THE BALCONY, WHICH IS NOT DEPICTED VERY WELL THERE.
AND THE BRIDGE IS GONNA BE ABOUT RIGHT WHERE MS. IBANEZ IS SITTING RIGHT THERE.
UM, AND THAT'S WHERE THERE WILL BE TABLES AND CHAIRS.
AND SO I, I SHOWED CHRIS, I SAID, IF YOU LOOK FROM HERE, YOU CAN SEE THE ROBERT HAGMAN FOUNTAIN.
YOU CAN HEAR IT RUNNING, YOU CAN DO THAT FROM THE FLOOR ABOVE AND THE FLOOR ABOVE THAT AND TWO ROOMS OFF TO THE LEFT.
WHEN YOU BUILD THIS THING, YOU'RE GONNA BE LOOKING AT THE SIDE OR THE UNDERSIDE OR THE TOP OF THIS STRUCTURE, YOU WON'T HEAR THE FOUNTAIN ANYMORE.
AND THESE ARE MY BEST ROOMS IN MY HOTEL.
UM, ON TOP OF THAT WE TALKED ABOUT NOISE MITIGATION AND I SAID THESE ARE OUR BEST ROOMS. UH, WE'RE THE ONLY FORBES, FAR FOUR STAR HOTEL IN TOWN.
WE'RE VERY PROUD OF OUR CUSTOMER SERVICE LEVELS AND OUR GUEST EXPERIENCE.
I CAN'T HAVE A COUPLE SITTING OUT ON THAT DECK HAVING A GLASS OF WINE IN THE EVENING OR A CUP OF COFFEE IN THE MORNING AND LISTENING TO TABLES AND CHAIRS BEING MOVED AND GLASSES CLINKING AND MAYBE, UH, AMPLIFIED MUSIC AND MAYBE, UH, A NIGHTCLUB GOING ON.
SO I ASKED CHRIS, WOULD YOU AGREE TO A 10:00 PM HARD CLOSE TO BE WRITTEN INTO ANY AGREEMENTS THAT IT'S ONLY USED FOR DINING, IT'S NOT USED FOR AMPLIFIED MUSIC.
[00:45:01]
AND HE TOLD ME, I, I WILL NOT DO THAT BECAUSE I WILL NOT HANDICAP THE BUSINESS OR ANYONE WHO MAY TAKE THE BUSINESS IN THE FUTURE.AND I SAID, THAT'S OUR CONCERN IS WE'RE HERE FOREVER AND WE'RE GONNA HAVE TO LIVE WITH THIS THING NEXT DOOR TO US.
AND RESTAURANTS DON'T ALL SUCCEED ON THE FIRST TRY.
SO WE REALLY DON'T WANT TO BE NEXT TO A, I DON'T KNOW, A HOOTERS OR SOMETHING LIKE THAT.
UM, IT WOULD NOT BE IN KEEPING WITH THE NATURE OF THE STREET AND IT WOULD BASICALLY DAMAGE OUR HOTEL.
AND THAT'S NOT TO MENTION THE VIEWS FROM LAMONT DEL RIO ON THE OTHER SIDE.
THAT CURRENTLY LOOKS AT KIND OF A HISTORIC SECTION OF THE STREET.
AND NOW IT WILL BE LOOKING AT THE, AND I THOUGHT SOMEBODY SAID SCAFFOLDING.
ALL THE DRAWINGS I'VE SEEN LOOK LIKE A HUGE THING OF SCAFFOLDING.
SO, UM, IT'S GONNA BE, IT'S MY OPINION, IT'S GONNA BE AN EYESORE AND IT'S GONNA BE REALLY BAD FOR OUR BUSINESS.
ALRIGHT, LET'S YOU HAVE ANY QUESTIONS FOR MR. RUSTY? THANK YOU SIR.
HELLO, MY NAME'S BRIAN DAVIS AND I TOO AM WITH THE OMNI UH HOTELS.
WHEN WE FIRST SAW THIS, WE HAD A LOT OF MAJOR CONCERNS ABOUT IT AND WE DID COME TO THE HEARINGS AND WE ADDRESSED THOSE, UM, THAT STRETCH OF THE RIVER WALK AND AS A CITIZEN, UM, BORN AND RAISED IS THE MOST BEAUTIFUL STRETCH OF THE RIVER WALK.
THE HUG MAN WATER FEATURES THE SELENA BRIDGE OR THE HAMAN BRIDGE.
IT IS THE MOST PHOTOGRAPHED STRETCH AND IT REALLY MAKES OUR TWO HOTELS, LAMONT AND MORA VERY ATTRACTIVE.
AND IT'S THE COMPELLING REASON WHY GUESTS AND CONVENTIONEERS STAY WITH US.
WE WILL BE HOSTING MEETING PROFESSIONALS INTERNATIONAL THIS YEAR, THEIR ANNUAL CONFERENCE.
THE KEY PART OF THAT IS THOSE RIVERVIEW ROOMS. IT'S REALLY WHAT MAKES THE HOTEL SUCCESSFUL.
UH, SOMEONE ON THE ESTEEM PANEL BROUGHT UP WATER.
WE DID BRING THAT UP AT THE HISTORIC DESIGN COMMISSION AND SOME OF THE BOARD MEMBERS EVEN HAD QUESTIONS ABOUT THAT.
THERE'S CONCERNS BECAUSE THERE'S NO PLAN FOR THE WATER RUNOFF CURRENTLY.
IT WILL JUST RUN OFF THE PATIO AND EFFECTIVELY LAND ON THE RIVERWALK.
AGAIN, WHEN WE HAVE PARADES AND EVENTS DOWNTOWN, OUR CITIZENRY USES THAT STREET SIDEWALK TO WATCH THE PARADES AND ENJOY THAT.
UM, THE NOISE ABATEMENT IS A REAL ISSUE, BUT ALSO IT SEEMS LIKE THERE'S SIGNIFICANT OPPORTUNITY IN TERMS OF THE DESIGN.
UM, SO YES, I JUST WANTED TO MAKE THAT CLEAR.
ANY QUESTIONS? ALRIGHT, DO WE HAVE ANY OTHER PUBLIC RECORD TO BE READ IN? NO FURTHER PUBLIC COMMENT.
ALRIGHT, UM, SO LET'S SEE IF THE APPLICANT, NOW COMMISSIONER, I HAVE ONE MORE QUESTION FOR STAFF.
UM, BECAUSE THIS IS ON THE RIVER BLOCK, IS THERE ANOTHER CITY BOARD THAT HAS ANY SORT OF ADVISORY RIGHTS, LIKE THE PARKS AND RECS BOARD OR SOMETHING LIKE THAT? THE, UH, PURVIEW AT LAY WITH THE HISTORIC AND DESIGN REVIEW COMMISSION AND OHP STAFF.
SO THERE, SO THERE IS, SO THE PARKS AND REC BOARD HAS NOTHING TO DO WITH, IT'S NOT CONSIDERED A PARK WITH THE CITY LIKE THEY NO SIR.
ANYTHING BUILT OVER THE RIVER.
UH, SO AT THIS POINT I'D ASK THE ORIGINAL, I GUESS, APPLICANT RIGHT, TO COME FORWARD.
UH, YOU'VE HEARD SOME OF THE CONCERNS.
WOULD IT BE THE APPLICANT OR THE, WHAT DO I CALL? SO IT, IT WOULD BE THE APPELLANT, THE APPELLANT, THE OKAY.
COULD, COULD YOU BRING UP THE, UM, THE POSITIONS THAT, THAT WERE SHOWN WITH REGARDS TO WHAT THE OBJECTIONS WERE? SO THAT WAY I CAN SEE THEM AS MAYBE YOU'RE KIND OF TALKING THROUGH SOME MORE OF THEM RE YEAH.
THAT, UH, THAT, THAT THEY HAD PROVIDED IN THEIR PRESENTATION.
SO YOU PROVIDED PRESENTATION THAT SHOWED THE POINTS THAT YOU THOUGHT THAT THE HDRC OH YEAH.
IS THERE A QUESTION OR NO, I JUST WANTED TO SEE THEM TO RE OKAY.
SO JUST HELPING ME AND THIS QUESTION'S FOR STAFF.
DOES, DOES, WHAT DO WE CALL THE ORIGINAL APPLICANT? DO THEY HAVE AN OPPORTUNITY TO COME BEFORE THE BOARD AS WELL OR IS IT, I'M, I DIDN'T RECEIVE ANY PUBLIC COMMENT SPEAK ON, ON ANY, THEY DID NOT SIGN UP TO SPEAK.
WE, WE DID RECEIVE THOSE COMMENTS AGAIN, UH, THAT WERE IN THE PRESENTATION THAT WERE SUPPORTIVE OF THIS CONSTRUCTION.
BUT THAT'S, UH, NEITHER OF THOSE COMMENTERS WERE THE APPLICANT OR THE OWNER OF THE OWNER.
SO THE OWNER HAD AN OPPORTUNITY TO COME BEFORE THE BOARD.
BUT THEY HAD SIGNED UP TO SPEAK THEN TO SPEAK OR REPRESENT THEMSELVES CORRECT.
SO I'D ASK, UH, YOU'VE HEARD CHAIR BEFORE, BEFORE
[00:50:01]
YOU GO ON, JUST CLARIFICATION AGAIN, THOSE LETTERS THAT WERE ON THE POWERPOINT ARE FOR THE CONSTRUCTION OF CORRECT.THEY'RE SUPPORTIVE OF WHAT HDRC APPROVED.
THEY'RE SUPPORTIVE OF THE CURRENT DESIGN AS APPROVED BY HDRC.
AND YOU HAVE ALSO SOME PROOF OF YOUR NEIGHBORS WHO MAYBE DID NOT.
RIGHT? WE N NONE OF THOSE PEOPLE THAT SUPPORTED ARE ANYWHERE NEAR THIS SITE.
UH, EVERYONE EITHER ON EITHER SIDE OR OR TON HOTEL.
SO LIKE IN THE FUTURE, IF THIS PLACE EVER DECIDES THAT THEY MAYBE WANT TO ENCLOSE THIS STRUCTURE, CAN THEY ENCLOSE THIS STRUCTURE? THEY WOULD NEED TO SUBMIT A CERTIFICATE OF APPROPRIATENESS APPLICATION.
UH, AND OHP STAFF WOULD REVIEW THAT AGAINST THE GUIDELINES IN THE UNIFIED DEVELOPMENT CODE? UH, WOULD REQUIRE APPROVAL POSSIBILITY, MOST LIKELY.
I MEAN IT WOULD DO, WOULD REQUIRE HDRC APPROVAL.
SO MY THING IS, OKAY, SO THEN SO BUT THEY'RE GAINING EXTRA SQUARE FOOTAGE BY JUST BUILDING, 'CAUSE THEY DON'T LEASE THE STREET, THEY JUST LEASE THE OTHER SIDE OF THE RIVER AT THE STREET LEVEL OR THE RIVER LEVEL.
BUT AS FAR AS ANYTHING UNDER THE STREET, THEY DON'T RUN ANYTHING UNDER THERE.
BUT, BUT THEY'RE GAINING ACCESS OF THIS USABLE SQUARE FOOTAGE FOR BUSINESS OPERATIONS BY HAVING THIS DECK.
AND THEN IF LATER WE GIVE THEM THE OPPORTUNITY TO ENCLOSE IT, LIKE WHAT'S KEEPING ALL THESE PLACES FROM JUST BUILDING A DECK OVER BUILDING A STRUCTURE OVER AND CLOSING IT AND USING IT AS SPACE WHEN THEY DON'T RENT THAT FULL SPACE, THEY JUST RENT THE SMALL SPACE ON THE OTHER SIDE OF THE RIVER? NO, THERE'S SPACE UNDERNEATH CROCKETT STREET THERE, THERE'S RETAIL SPACE UNDERNEATH THE STREET.
AND BUT EVEN IF THEY DID HAVE, HAVE THAT OR IS THAT, IS THAT WHAT WE'RE GIVING FOLKS? IS THAT, THAT OPTION TO JUST BUILD UP AND NOW HA NOW OPEN THAT UP TO, TO THAT BY DOING THIS? 'CAUSE THERE'S NOTHING LIKE THIS HERE.
SO I'M JUST SAYING IF WE DO THIS, EVERYTHING GOES THROUGH WHAT'S KEEPING ALL THESE OTHER PLACES FROM, FROM SMARTENING UP DOING THAT AND CLOSING IT AND NOW THEY'RE GAINING THESE LITTLE, YOU KNOW, UH, JUST CONNECTION POINTS OVER THE STREET.
IT'S JUST MY, UM, THAT'S WHAT I WAS JUST SAYING.
IF THAT WAS SOMETHING THAT COULD BE DONE LATER.
UH, SO MR. BROWN, YOU'VE HEARD THE COM YOU'VE HEARD YEAH.
UH, WOULD YOU LIKE TO HAVE ANY FINAL COMMENT BEFORE WE CLOSE THE PUBLIC PORTION? JUST, JUST REAL SH UH, SHORT, I, I, AFTER THE BRIEF CONVERSATIONS WITH, UM, THE OWNER, UH, FOR THE SPACE, UM, IT'S CLEAR THAT THEY DON'T HAVE A USER.
THEY, THEY DON'T EVEN INTEND TO OPERATE IT THEMSELVES.
THEY, THEY'RE GOING TO SELL THE BUILDING.
UH, I JUST THINK IT'S PREMATURE TO GIVE THEM THIS KIND OF LEEWAY WHEN THEY DON'T HAVE, THEY DON'T EVEN, THEY DON'T EVEN KNOW WHAT THEY'RE GONNA OPERATE THERE.
AND TO BE IN THE DOWNTOWN D DISTRICT, UH, YEAH, OUR FEARS ARE REAL THAT THE FIRST GUY THAT DOESN'T MAKE IT MAY HAVE BEEN, MAY HAVE BEEN A GOOD IDEA.
AND THEN YOU HAVE A STRUCTURE UP THERE AND YOU HAVE D ZONING AND THEY CAN DO ANYTHING THEY WANT.
ALRIGHT, SO THAT BEN, MS. BEN, QUICK QUESTION.
SO I THINK TO YOU, WHAT YOU, WHERE YOU WERE GOING AT WITH THE OPPOSITION, I KNOW THAT WE'VE SEEN LETTERS OF SUPPORT AND YOU SAID THERE WAS SOME OPPOSITION OF THE, SOME OF THE BUSINESSES AROUND.
DID YOU BRING THAT ANY OF THE OPPOSITION? THEY'RE HERE.
WHAT ABOUT LIKE THE WESTERN, UH, READ IT.
WELL, I'LL LET GREG, WE ALSO AN OPPOSITION.
AND THEN HEARING TWO WEEKS AGO.
BUT IT IS EVERYONE THAT IS DIRECTLY IMPACTED BY IT.
AND DID YOU HAVE A WRITTEN RECORD OF THAT, JUST SO THAT WE COULD GET IT DISPLAYED HERE? IS THAT PART OF THAT PACKET? THOSE THAT WRITTEN? I, I THINK SO.
I I MEAN WE DEFINITELY HAVE, YOU KNOW, THE TWO OMNI HOTELS THAT ARE HERE RIGHT NOW.
AND WELL, IF WE TAKE A LOOK AT THAT, WE ALSO HAVE ONE LAST MINUTE.
I WAS GONNA SAY WE DO HAVE, UH, THE REPRESENTATIVE HERE FOR THE OWNER HERE.
THEY'VE WRITTEN, SIGNED UP IF YOU GUYS HAVE QUESTIONS FOR THEM.
THEY ARE HERE TO ANSWER QUESTIONS.
THEY WOULD BE, THEY WOULD LIKE TO.
SO MR. EXPLAIN ANYTHING WOULD HAVE A CHANCE TO REBUTTAL AFTER THE, IF ANYBODY HAS ANY QUESTIONS FROM THE OWNER REPRESENTED REPRESENTATIVE, WOULD YOU LIKE TO HEAR FROM HIM? FROM HIM OR, I, I HAVE A QUESTION FOR THE APPLICANT.
BONS, UM, FOR THE APPLICANT OR FOR THE, FOR, FOR THE APPLICANT.
UM, SO, SO I KNOW YOU CALLED IT A TREE HOUSE MANY TIMES.
UH, IF IT WERE CHANGED IT TO BETTER SUIT, WHAT, YOU KNOW, MAYBE LIKE THE BUILDINGS AROUND IT, WOULD THAT APPEASE YOU BETTER? I, FIRST AND FOREMOST, WE, WE WISH IT WASN'T THERE, BUT DEFINITELY WE THINK THERE ARE THINGS THAT COULD MAKE IT MORE COMPATIBLE WITH THE, UH, SURROUNDING USES.
WE JUST HAVEN'T BEEN ABLE TO TO WORK WITH THAT.
AND, AND RIGHT NOW THEY HAVE A BLANK
[00:55:01]
CHECK IF YOU, IF YOU GUYS, UH, DON'T APPROVE OUR APPEAL, WE'RE OUT OF IT.I MEAN, WE'RE OUT OF ANY CONSIDERATION.
WE, WE HAVE ACTUALLY BEEN IN ANY OF IT TO BEGIN WITH, BUT WE ARE DEFINITELY OUT OF IT.
ALRIGHT, SO I GUESS AT THIS TIME WE'D ASK THE OWNER IF YOU WOULD LIKE TO COME UP AND MAKE A FEW, UH, PRESENTATION AND TAKE ANY QUESTIONS FROM THE BOARD.
UH, HE UNFORTUNATELY CANNOT BE HERE TODAY.
HE'S OUT OF, OUT, OUT OF TOWN.
HE WANTED TO REALLY BE HERE AND EXPLAIN.
UM, THERE IS A SEVERAL CORRECTIONS.
I I HEARD A LOT OF COMMENTS HERE TO THE RIGHT.
IN FACT, I SAW A, A, UH, A MAP A FEW MINUTES AGO.
THERE IS A STRUCTURE ALREADY IN PLACE, 300 FEET TO THE RIGHT OF THE MECA HOTEL, WHICH IS OWNED BY THE AZTEC.
AND UM, SO YOU'LL NEED TO KNOW THE ON THAT STRUCTURE IS ALREADY THERE, IS VERY SIMILAR, UH, SAID, WILL BE DECORATED.
UH, THE FULL IN INTENTIONAL THAT, THAT, THAT STRUCTURE IS ALREADY IN PLACE APPROVED BY THE CITY ABOUT FOUR YEARS AGO.
UM, THAT STRUCTURE EVENTUALLY WILL ALSO HAVE SOME CHANGES BECAUSE ON TOP OF THE AZTEC, THERE IS A PRESENTLY A NEW MARY HOTEL UNDER CONSTRUCTION.
SO THAT, UH, THE OWNER OF THAT IS SAN CHE AND HE'S IN FAVOR, UM, OF THE STRUCTURE.
SO WE WANTED TO MAKE A CORRECTION THAT THERE'S ALREADY A PLACE THERE.
SECOND CORRECTION, I WANTED TO MAKE, UH, WHATEVER, WHATEVER YOU GET A, A NEW PROJECT IN THE CITY.
THERE, THERE WAS ALREADY SIGNAGE THERE.
ANYTIME THERE IS A HEARING FOR THE CITY, THEY POST YELLOW SIGNS.
AND I PERSONALLY SAW THOSE THAT THERE WAS GONNA BE A HEARING FOR HDRC AND ALL THAT, MORE ADJUSTMENTS.
SO ALL THAT SIGNAGE IS ALWAYS PART OF THE PROCESS OF THE CITY INFORMATION PROCESS.
SO THE INTENTION OF THE, UH, CHRIS HILL, AND I WANTED TO EXPLAIN SOMETHING TO Y'ALL, IS, UM, THE INTENTION OF THAT PLACE IS A RESTAURANT IS, IS ALWAYS BEEN, UM, HE HAS A RECORD OF, UH, BUILDING, UH, HE OWNS AN ENTIRE BLOCK OF COMMERCE STREET FROM THE HILTON CANOPY HOTEL, THE SQUIRE, HE'S OWNER OF THE SQUIRE HAGMAN OASIS AND THE TOKYO COWBOY, UH, RESTAURANT ALSO.
SO THE INTENTION OF THAT A HUNDRED PERCENT IS TO BUILD A RESTAURANT, BUT I'D RATHER HAVE A BEAUTIFUL DESIGN.
AND BY THE WAY, I'VE HAD THE PLEASURE OF TAKING THAT DESIGN TO OVER 20 MEMBERS OF THE RIVER WALK, INCLUDING, UH, CASA RIO, THE LIONS FAMILY, UH, AND SEVERAL PEOPLE WHO HAVE BEEN ON THE RIVERWALK SINCE 1946.
UH, THEY ALL LOVE THE PROJECT, JUST LIKE YOU ALL HEARD.
UH, CASA RIO WILL ALSO OPEN SOMETIME IN 2026, UH, AN UPSTAIRS, UPSTAIRS PATIO, UH, IN ADDITION TO CASA RIO.
SO THAT'S A LOT OF NEW PATIOS WILL, WILL COME INTO EXISTENCE ON THE RIVER WALK PROBABLY IN THE NEXT TWO YEARS.
UH, JUST I WANTED TO EXPLAIN, UM, COMMISSIONER PHILLIP, YOU HAD ASKED, UH, SEVERAL GOOD QUESTIONS TODAY.
I, I WISH, UH, CHRIS WAS HERE TO EXPLAIN THE WHOLE PROJECT, BUT, UH, I CAN ONLY TELL YOU THAT THE STRUCTURE IS ALREADY THERE.
THERE'S, UH, A SIMILAR, AND I'M, I'M SURE THAT THE MARY HOTEL, WHEN THEY OPEN, THEY'LL COME BACK AND REDO THAT PATIO AND MAKE IT MORE INTO A RESTAURANT OR, OR A PLACE WHERE PEOPLE CAN MEET, NOT JUST DURING THE CONCERT EVENTS, BUT THAT'S 300 FEET TO THE RIGHT OF THE MECA HOTEL.
SO, MAY I ASK YOU SOMETHING? MM-HMM
UH, THAT PATIO THAT YOU'RE REFERRING TO, UH, COMING OFF THE AZTEC, IT DOESN'T GO ALL THE WAY DOWN TO THE RIVER, RIGHT? UH, THAT IT, IT DOESN'T BRIDGE DOWN AND THE THE, NO, IT WILL BE STRUCTURE.
IF, IF YOU CAN SEE IT GOES ALL THE WAY TO THE TOP OF THE RIVER, BUT THE, IT HAS NO ACCESS.
IT COMES ALL THE WAY TO THE SIDEWALK.
AND, AND THE ACCESS TO THAT IS, UH, FROM THE SIDE OR FROM THE FRONT OF THE AZTEC THEATER AND THE FRONT OF THE HOTEL? YES, IT IS ATTACHED TO THE BUILDING, YES.
SO IN THIS CASE, THAT BUILD, THAT PART OF THAT BUILDING IS THE REAR OF THE BUILDING? YES, IT IS.
AND IT WILL PROBABLY CHANGE QUITE A BIT WITH THE OPENING OF THE HOTEL.
THE SIDE OF THE AZTEC MIGHT TAKE ALSO A, WITH APPROVAL FROM HVRC, AND I KNOW SAM HAS OTHER PLANS THAT I'M NOT A LIBERTY TO DISCLOSE, BUT A LOT OF THAT WILL CHANGE IN THE NEXT TWO YEARS.
SO THE BUILDING IN QUESTION FOR THIS, UH, DESIGN, YOUR DESIGN IS IN THE FRONT OF THAT BUILDING? YES, IT IS THAT SECTION.
SO IT'S A TOTALLY DIFFERENT FEEL AND STRUCTURE ARCHITECTURALLY
[01:00:01]
AND LOCATION WISE.SO IT'S THE FRONT OF THAT BUILDING, RIGHT? YES.
AND I WISH YOU ALL COULD SEE, UH, IF YOU HAVEN'T BEEN AT THE DOMINGOS RESTAURANT, I WISH YOU ALL COULD SEE WHAT HE HAS DONE WITH THAT PART OF THE RIVER WHERE HE INCORPORATED THE RESTAURANT AS A SIDE ENTRANCE TO THE HOTEL CANOPY.
AND, UH, I'LL BE HAPPY TO GIVE YOU ALL A TOUR OF THAT IN PERSON, BECAUSE YOU CAN SEE HOW HE WAS ABLE TO GET ALL THE HISTORY OF THAT BUILDING AND A ATTACH A, A NEW RESTAURANT, WHICH IS ACTUALLY VERY, VERY NICE ENTRANCE TO THE RIVER WALK.
NOW THE BUILDING, THE BUILDING WITH THIS DESIGN, UH, WOULD NOT BE SOLD POSSIBLY TO ANOTHER HOTEL BUSINESS.
I DON'T, I DON'T THINK THAT HE HAS THE PLANS RIGHT NOW.
YOU KNOW, WHEN BUSINESS, I CANNOT TELL YOU SOMETHING A HUNDRED PERCENT, BUT HIS INTENTION IS TO PUT OFFICES INSIDE AND A RESTAURANT THERE.
DO WE HAVE ANY QUESTIONS FOR DEAN, THE OWNER? MR. DEAN, HOW COME YOU HAVEN'T WORKED WITH THE, UH, THE HOTELS REGARDING THE TIME OF CLOSING AT 10 O'CLOCK? WHAT IS YOUR POSITION ON THAT AND WHY ARE YOU NOT COMPROMISING? THEY'VE HAD SEVERAL MEETINGS.
UH, COMMISSIONER, DEAN, UH, SO I, I KNOW THERE IS OTHER DETAILS, AND I, I WAS A MEMBER OF THE ZONING COMMISSION, SO I KNOW THAT THEY, THEY GOTTA WORK WITH THE NEIGHBORS.
UM, THERE'S A LOT OF DETAILS TO BE WORKED OUT, INCLUDING CONSTRUCTION.
YOU KNOW, ONCE YOU GET INTO THE CONSTRUCTION, THE CITY WILL REQUIRE ALMOST SEVEN DIFFERENT PERMITS.
IT'S NOT JUST A RIGHT OF WAY, BUT THERE WILL BE, UH, TIMES AND HOURS OF CONSTRUCTION, LIKE MAYBE NO SUNDAY WORK AND NOTHING AFTER 9:00 PM AND SO ON.
SO, JUST LIKE IT IS HAPPENING RIGHT NOW WITH THE AZTEC, THEY HAVE REQUIREMENTS OF WORKING HOURS DURING CONSTRUCTION.
SO, UH, THERE'S A LOT OF DETAILS ONCE THEY GET INTO THE CONSTRUCTION SCHEDULES.
UM, I'M TALKING ABOUT THE OPERATIONS OF THE RESTAURANT BEING CLOSED AT 10, THAT THOSE DETAILS ARE, CAN BE WORKED OUT.
I CAN TELL YOU THAT IT, IT REMAINS TO BE SEEN WITH, UH, HOURS OF OPERATION.
SOME OF THE RESTAURANTS ON THE REAR WALK CLOSE AT NINE O'CLOCK, SOME OF THEM AT 10, AND SOME AT 11:00 PM SO WHERE, I MEAN, THEY APPROACHED YOU WITH THAT FROM WHAT I SAW EARLIER.
UM, AND YOU DID NOT COMPROMISE.
I I'VE NOT BEEN INVOLVED IN ALL THE MEETINGS, UH, COMMISSIONER DEAN, SO I, I KNOW THAT THOSE THINGS NEED TO BE WORKED OUT.
ANY OTHER QUESTIONS FOR THE OWNER? THANK YOU FOR YOUR TIME HERE, SIR.
AT THIS TIME, I'D ASK THE, UH, THE APPLICANT TO PLEASE, UH, COME FORWARD AND THIS WOULD BE THE FINAL REBUTTAL BEFORE WE CLOSE THE PUBLIC PORTION.
WELL, YOU ASKED A VERY GOOD QUESTION ABOUT THE AZTEC, THAT THAT STRUCTURE DOESN'T IMPEDE ANY VIEW.
UH, IT DOESN'T, IT DOESN'T REACH OVER INTO THE RIVERWALK AT ALL.
UH, YOUR QUESTION, MR. DEAN? UH, THEY ANSWERED OUR QUESTION.
UH, THE NEGOTIATIONS ARE OVER.
I MEAN, AS SOON AS IF YOU APPROVE THIS, WE HAVE NO MORE SAY, THEY SAID THEY CAN'T BIND A FUTURE USER 'CAUSE THEY DON'T KNOW WHO THE FUTURE USER IS.
THEY CAN'T BIND THE USE 'CAUSE THEY DON'T KNOW WHO THE, THE, WHAT THE USE USE IS GOING TO BE.
UH, THE CODE WILL NOT PROTECT US FROM THOSE THINGS.
I THINK ALL WE HAVE IS THE SOUND ORDINANCE, UM, YOU KNOW, AND SO WE'RE GONNA GET OUR GUESTS TO HAVE A, A SOUND MACHINE OUT THERE AND, AND MEASURE 75 DECIBELS EVERY NIGHT TO SEE.
NO ONE'S GONNA RENT THOSE ROOMS. UH, THE CODE WILL NOT PROTECT US.
UH, THAT'S WHY WE SOUGHT TO HAVE THESE MEETINGS.
I TOLD, I, I THINK I MENTIONED EARLIER, THE ONLY WAY WE GOT THE MEETING IS WE, THE COUNCILWOMAN FORCED THEM TO MEET WITH US WITH HER.
THAT WAS OUR FIRST MEETING AFTER TWO MONTHS, UH, AFTER, AFTER TRYING TO MEET WITH THEM.
UM, I, LOOK, I'M ALL FOR SHINY OB OBJECTS LIKE ANYONE ELSE IS, AND THIS IS A SHINY OBJECT, BUT WE DON'T KNOW WHAT IT, WE DON'T KNOW WHAT IT IS.
YOU KNOW, WE KNOW WHAT THE HOTELS ARE IN THAT AREA ARE, WE KNOW WHAT THEY'VE DONE FOR THE, FOR THE RIVER WALK.
THEY HAVE BEEN THE BACKBONE OF THE RIVER WALK.
AND I, I DON'T THINK WE SHOULD TAKE A CHANCE ON, ON, UM, ON, ON THIS.
THAT DOESN'T HAVE ENOUGH MEAT ON THE BONE, SO THANK YOU.
UH, THIS, UH, CLOSES THE PUBLIC PORTION.
I WANNA ASK STAFF JUST TO CLARIFY THE, UH, THE WAY THAT THE, UH, MOTION IS READ AND THEN, UM, KIND OF THE VOTE.
IF YOU VOTE IN CONCURRENCE, YOU'RE VOTING FOR THE APPEAL, AND IF YOU'RE VOTING IN DENIAL, YOU'RE VOTING FOR THE OWNER, IS THAT, THAT IS CORRECT.
UM, AND SO IF YOU VOTE APPROVAL OF THE APPEAL, THAT MEANS YOU ARE SIDING WITH THE APP, UM, TO OVERRIDE H DRCS APPROVAL, O HP'S APPROVAL.
AND IF YOU MO OR IF YOU VOTE DENY, YOU ARE ALIGNING
[01:05:01]
WITH OHP AND, UH, H DRCS RECOMMENDATION.AT THIS POINT, I'D ASK THE MEMBER, IAN, MS. DO, I'D LIKE TO READ THE MOTION.
REGARDING CASE NUMBER 25 3 0 1 8 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 2 3 5 EAST COMMERCE STREET, 2 34
DO YOU HAVE A SECOND? SECOND, SECOND, MS. VIS, MR. ORIAN, WOULD YOU LIKE TO LEAD THE DISCUSSION? SURE.
I, I'M GONNA BE, UH, I'M GOING TO, I'M GONNA VOTE IN THE AFFIRMATIVE AND SIDE WITH THE APPLICANT, UH, TO GO AGAINST THE HCRC DECISION.
UH, THE REASON WHY IS, I, I DON'T THINK THIS IS CONDUCIVE TO THE AREA.
I THINK IT'LL BE A DETRIMENTAL, UH, TO THE AREA.
UH, AND I, I CAN'T THINK OF ANYONE WHO HAS SUCH AGGRESSIVE, UH, CREEK TOWARDS THE RIVER.
AND I THINK THAT IT'S, SO I WOULD THANK YOU, MS. DORIA, MS. BEES.
I AM GONNA HAVE TO, UM, AGREE WITH MY COLLEAGUE AND, AND IT'S A VERY DIFFICULT DECISION BECAUSE ON THE ONE HAND, WE CERTAINLY WANT IMPROVEMENTS ON THE RIVER WALK, BUT THERE ARE, I THINK, SOME POINTS THAT I, UM, JUST CAN'T GET OVER.
FIRST OF ALL, THE 10 P 10:00 PM UH, AND C AND BEING IN THE HOSPITALITY INDUSTRY, I, I, UM, AGREE WITH, WITH RUSTY IN, WITH THOSE ROOMS. I MEAN, THOSE ARE PREMIUM ROOMS THAT HOTELS, ESPECIALLY NOW IN OUR, YOU KNOW, IN THE TRAVEL INDUSTRY IN SAN ANTONIO, AND WE'RE FLAT, I'M, I'M NOT GONNA GET INTO ALL OF THE ISSUES THAT THE HOSPITALITY HAS, BUT, YOU KNOW, WHEN YOU HAVE PREMIUM ROOMS THAT YOU'RE TRYING TO SELL TO, UM, TO, TO OUR GUESTS, TO OUR TRAVELERS, TO SAN ANTONIO, AND WE'RE, IT'S JUST TAKEN AWAY FROM THEM.
UM, THESE, THESE ARE BEAUTIFUL HOTELS ON THE, ON THE RIVER WALK.
UM, AND SO HISTORICAL, UM, WITH BEAUTIFUL VIEWS AND THE FACT THAT THE OTHER PARTY'S NOT WILLING TO COMPROMISE ON ANY OF THOSE ISSUES.
I, I'M GONNA AGREE WITH THE APPLICANT.
THANK YOU, MS. MAD, UH, IVANEZ, MS. IBANEZ, UH, I, I ASKED TO HAVE THE, THE, UM, APPLICANT'S, UM, THREE POINTS TO BE BROUGHT UP BECAUSE I THINK THESE ARE THE UNDERLYING, FOR ME, THE MOST IMPORTANT PART OF, OF DEAN, YOU KNOW, VOTING FOR HIS APPEAL, UM, BECAUSE OF THE HISTORICAL SIGNIFICANCE OF THE BUILDINGS THAT THESE TWO HOTELS ARE IN, AND THE HISTORICAL SIGNIFICANCE OF THE RIVER WALK.
WHAT THE RIVER WALK LOOKS LIKE AT THAT LEVEL, UH, AT THE RIVER LEVEL.
I HAVE GONE TO THE OMNI RESTAURANT ON THE RIVER WALK.
AND I'VE REALLY ENJOYED THE FACT THAT THE RESTAURANTS ON THE RIVER LEVEL AND THAT SECTION HAVE BEEN VERY MINDFUL OF THE HISTORICAL ARCHITECTURAL SIGNIFICANCE.
AND I, I, I'M REALLY KIND OF SURPRISED THAT HDRC DIDN'T SEE THAT.
UM, AND IT ALSO, I AGREE WITH, UH, COMMISSIONER BEN, THIS OF WHEN YOU HAVE SOMEONE LIKE THE COMPANY OF CHRIS HILL'S COMPANY WHO HAS BEEN MINDFUL OF HISTORICAL ELEMENTS, NOT TAKING THAT INTO EFFECT ON THIS PARTICULAR BUILDING, IT'S KIND OF DISTURBING THAT, THAT IT, HE WASN'T WILLING TO COLLABORATE WITH YOU, UH, ON SOME OF THE ELEMENTS OF YOUR CONCERNS.
SO, UM, I'M GONNA BE FOR VOTING IN FAVOR OF THE APPEAL.
ANY OTHER, UH, I'M GONNA BE IN FAVOR OF THE APPEAL AS WELL.
MY THEORY HERE, THE REASONING HERE IS THAT THERE, THIS DOESN'T NECESSARILY MEAN THE END OF THE PROJECT.
UH, THE, THE OWNER IS GOING, IF THEY'RE GONNA MAKE REVISIONS, THEN IT WILL GO BACK BEFORE, UH, OHP AND HDRC.
WE HEARD TESTIMONY FROM STAFF THAT, UH, THEY CAN TWEAK THE PLAN, REPRESENT IT, HOPEFULLY HAVE ENGAGEMENT, MORE ENGAGEMENT WITH THE OMNI, UH, NEIGHBORS, AND COME UP WITH A MORE COLLABORATIVE, UH, PLAN, WHICH WOULD, UH, HOPEFULLY SATISFY ALL PARTIES HERE.
SO IT DOESN'T MEAN THE END OF IT JUST MEANS MORE, UH, DESIGN WORK AND, AND COLLABORATION.
ANY OTHER QUESTIONS OR ANY OTHER? ALRIGHT, HEARING NONE, LET'S GO AHEAD AND TAKE A ROLL.
COMMISSIONER ORIAN, I'M IN FAVOR OF THE APPEAL.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER REED, I'M FOR, UM, DENIAL.
[01:10:01]
COMMISSIONER BANEZ.COMMISSIONER VASQUEZ, I APPROVE THE APPEAL.
COMMISSIONER BONILLA? YES, I CONCUR.
VICE CHAIR ZUNA? YES, I CONCUR.
SO, NINE IN FAVOR, ONE IN OPPOSITION, RIGHT? THE, THE APPEAL DOES PASS.
UH, GOOD LUCK AND HOPEFULLY WE GET SOME COLLABORATIVE RESULTS HERE.
ITEM THREE IS CASE BO A DASH TWO FIVE DASH 1 0 3 0 0 1 5 7.
THE ADDRESS BEING 1206 AND 1200 WEST AVENUE IN COUNCIL DISTRICT ONE.
THE APPLICANT IS CALVIN AND ISANO.
THIS IS A REQUEST FOR VARIANCE FROM THE FENCE MATERIAL STANDARDS TO ALLOW FOR A CORRUGATED METAL FENCE AND TWO, A TWO FOOT VARIANCE FROM THE MAXIMUM ALLOWABLE EIGHT FOOT REAR YARD FENCE TO ALLOW FOR A 10 FOOT REAR YARD FENCE LIMITED TO THE EAST PROPERTY LINE AND NORTH PROPERTY LINE.
THE SUBJECT PROPERTY IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF WEST AVENUE AND SACRAMENTO STREET.
THE ACTIVE USE IS A TIRE SHOP, WHICH WAS REGISTERED AS A LEGAL NON-CONFORMING USE IN AN OH 1.5 BASE ZONING DISTRICT IN AUGUST, 2025.
CODE ENFORCEMENT STAFF IDENTIFIED THE USE OF UNAPPROVED FENCE MATERIALS DURING AN INSPECTION OF THE SITE IN JUNE, 2025.
AND THE SUBJECT FENCE WAS OBSERVED TO BE 10 FEET TALL.
THE SUBJECT PROPERTY ABUTS AN ALLEY TO THE SIDE, WHICH ALLOWS DEVELOPMENT OF AN EIGHT FOOT FENCE ON THE SIDE AND REAR REQUESTS FOR FENCE, EXCUSE ME, REQUESTS FOR FENCES HIGHER THAN NINE FEET.
FOR A COMMERCIAL ZONE, PROPERTY SHALL REQUIRE A VARIANCE AND NOT A SPECIAL EXCEPTION.
SHOWN HERE IS THE SUBJECT PROPERTY 1206 AND 1200 WEST AVENUE.
ALL OF THIS DEVELOPMENT HERE IS CURRENTLY, UH, PART OF THE SAME TIRE SHOP.
UM, THE FENCE IN QUESTION IS ALONG THE, UM, THE HIGHLIGHTED AREA IN BLUE, THE ORANGE HIGHLIGHTS WHERE THERE'S 10 FOOT TALL FENCING AND SHOWN HERE IS THE SUBJECT PROPERTY AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FENCE, MATERIAL, AND HEIGHT VARIANCES, STAFF RECOMMENDS DENIAL AND BO OA DASH 25 DASH 0 3 57 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE FENCE UTILIZES A MATERIAL EXPRESSIVELY PROHIBITED BY THE CODE AND AN INCREASED FENCE HEIGHT WOULD SIGNIFICANTLY IMPACT THE ADJACENT PROPERTIES ACCESS TO LIGHT VISIBILITY AND FREE AIRFLOW.
AND TWO, THE FENCE MATERIAL AND HEIGHT ARE NOT IMPACTED BY ANY CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND WERE CREATED BY THE OWNER OF THE PROPERTY.
WERE RETURNED IN FAVOR, ZERO IN OPPOSITION.
UH, THE FIRST TIME THIS WAS PRESENTED TO THE BOARD, THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION WAS IN OPPOSITION.
THE APPLICANT HAS SINCE CONTINUED THOSE, THAT DIALOGUE WITH THE NEIGHBORHOOD ASSOCIATION AND THEY'VE PROVIDED, UH, IF ON THE NEXT SLIDE HERE, A LETTER OF SUPPORT AND THIS CONCLUDES STAFF'S PRESENTATION.
DO WE HAVE ANY QUESTIONS FOR STAFF CRUZ? OH, MS. CRUZ, UM, JUST QUESTION IS, WHY ARE WE HEARING THIS CASE AGAIN? I THOUGHT WE HAD, THIS WAS VOTED FOR CONTINUANCE ON A PRIOR DATE.
I BELIEVE THE MAIN ISSUE, IF I'M NOT MISTAKEN, WAS THE SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION.
CORRECT? I THINK MR. MAN WAS SEEKING SUPPORT, UH, SUPPORTING LETTER, CORRECT.
UH, LET'S GET THE APPLICANT
SO THERE WAS, I SEEN RECALL SOME DIALOGUE WITH REGARDS TO THE BACK FENCE WITH THE, WITH THE PANELS BEING KIND OF UNDERNEATH THE CARPORT KIND OF AND DIALOGUE WITH REGARDS TO FENCING OR SIDING OR SOMETHING.
WAS THAT, I BELIEVE THAT WAS A QUESTION AS TO WHETHER OR NOT THAT CONSTITUTED AN ENCLOSED STRUCTURE AND THE DECISION WAS NO, THIS IS JUST A OFFENSE BEING CONSIDERED.
YEAH, PLEASE STATE YOUR NAME JUST FOR THE RECORD.
UM, MY WIFE AND I ARE THE OWNER OF THE PROPERTY.
WE DID ASSUME THE PROPERTY FROM MY FATHER-IN-LAW WHO PASSED AWAY IN 2021.
UM, SO WE JUST, UH, AS I STATED LAST TIME, WE JUST REPLACED THE FENCE THAT'S ALONG THE SIDE.
'CAUSE WE PURCHASED 1200, UH, THE 1200 SIDE WITHOUT THE ROOF.
WE PURCHASED THAT SIDE AND I JUST WANTED TO REDO THE FENCE SO THAT IT COVERS THAT,
[01:15:01]
THAT AREA RIGHT THERE.UM, PRIOR TO THIS, THE FENCE WAS, IT WAS PRETTY HORRIBLE.
UH, DID USE THE SAME MATERIAL.
ALL I DID WAS REPLACE THE MATERIAL AND, UH, I BOUGHT EIGHT FOOT PANELS AND CUT 'EM SO THEY COULD BE LEVEL AND LOOKED LEVEL ON THE STREET SIDE.
THE BACKSIDE WAS ALREADY THERE.
UM, IT WAS ALREADY EXISTING, UH, WHEN WE PURCHASED THE PROPERTY OR WHEN WE TOOK OVER THE PROPERTY.
UM, IT'S JUST REALLY COVERING, UM, THE NEIGHBOR THAT'S BEHIND US.
UM, BUT OTHER THAN THAT, THAT, THAT'S PRETTY MUCH IT.
ANY QUESTIONS? I DIDN'T ELABORATE AS THE OTHER, THE OTHER PERSON
ANY, ANY QUESTIONS FOR THE APPLICANT? ALRIGHT, UH, STAFF, DO WE HAVE ANY VOICEMAIL OR ANY PUBLIC COMMENTS TO BE READ IN? NO PUBLIC COMMENT.
ALL RIGHT, DEAN, MR. DEAN, REMIND ME IF WE DISCUSSED ABOUT A CAP ON THE CORRUGATED METAL.
UH, IT INCLUDES A CAP ON THE FENCE AND THE, THE SHARP EDGES.
UH, YEAH, SO I'M GONNA, I'M PLANNING ON PUTTING A CAP ON THAT, UM, SHEET.
AND YOUR APPLICATION HAS THAT, UH, I'M NOT, NOT ON.
SO YOU, YOU CAN AMEND IT RIGHT NOW.
YOU CAN JUST SAY YOU'RE GONNA PUT A CAP ON IT.
THAT'S FOR PUBLIC, THAT'S FOR THE TESTIMONY.
SO FOR THE PUBLIC, YES, I DO PLAN ON PUTTING THE CAP ON THERE.
UH, THAT WOULD CLOSE THE PUBLIC PORTION.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION, MR. MR. MAYANA REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 1 5 7:00 AM MOVE THE BOARD ADJUSTMENT GRANT REQUEST FOR ONE, A VARIANCE FROM FROM THE FENCE MATERIAL STANDARDS TO ALLOW FOR CORRUGATED METAL FENCE AND TWO, A TWO FOOT VARIANCE FROM THE MAXIMUM ALLOWABLE EIGHT FOOT REAR YARD FENCE TO ALLOW FOR A 10 FOOT REAR YARD FENCE LIMITED TO THE EAST PROPERTY LINE AND THE NORTH PROPERTY LINE, SITUATED AT 1 2, 0 6, AND 1200 WEST AVENUE APPLICANT BEING CALVIN AND ELLA.
UH, MADANO, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER'S PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE EEDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
UH, GRANTING DEFENSE MATERIAL AND FENCE HEIGHT VARIANCES WOULD ALLOW FOR ENHANCED SECURITY FOR THE ESTABLISHED AUTO REPAIR BUSINESS, WHILE ALSO PROVIDING ADJACENT PROPERTY WITH GREATER SEPARATION AND PRIVACY FROM THE AUTO REPAIR BUSINESS.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT WOULD REQUIRE THE FENCE TO BE MODIFIED AND OR RECONSTRUCTED TO COMPLY WITH EXISTING HEIGHT AND MATERIAL STANDARDS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE WOULD PROVIDE ADJACENT PROPERTY WITH ENHANCED SCREENING AND PRIVACY FROM THE SUBJECT PROPERTIES.
AUTO REPAIR USE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH THIS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FOREIGN PROPERTY OR ALL THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTIES LOCATED.
THE VARIANCE WOULD NOT INJURE APPROPRIATE CONFORMING PROPERTY.
RATHER ADJACENT PROPERTY WOULD BE AFFORDED INCREASED SCREENING AND PRIVACY FROM THE COMMERCIAL USE.
FURTHERMORE, THE VARIANCE WOULD BE LIMITED TO THE FENCE AS BUILT AND THEREFORE, UH, WOULD NOT SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE AREA.
SIX APPLIED 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.
THEY'RE NOT DUE TO THE RESULT OF GENERAL CONDITIONS.
AND THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
DEFENSE PROVIDES SECURITY AND SCREENING TO AN ESTABLISHED AUTO REPAIR BUSINESS WITH THE BUTTS PROPERTY ZONED FOR RESIDENTIAL USE.
AND WHERE THERE IS NO OTHER EXISTING NATURAL BUFFER BETWEEN SUCH HIGH AND LOW INTENSITY USES.
UH, MR. MANNA, SO I'LL BE VOTING IN FAVOR OF THIS.
UM, SO THANK YOU FOR REACHING OUT, UH, TO THE COMMUNITY.
AND SO AS WE SAY, WE ALWAYS LIKE TO HEAR WHEN IT IS THAT, YOU KNOW, THE COMMUNITY AGREES WITH THINGS.
UM, AND, UM, AND SO, SO, UM, AND I THINK THAT, YOU KNOW, AS THE MOTION IS READ, I THINK A LOT OF THOSE POINTS ARE REALLY RELEVANT WITH REGARDS TO, UM, IN, IN THIS CASE, PROVIDING THAT BUFFER BETWEEN THE ABUDDING PROPERTY WITH, YOU KNOW, HIGH DENSITY VERSUS LOW INTENSITY USAGES.
SO I THINK THERE'S AN APPROPRIATE SOLUTION FOR THAT.
SO I'LL LEAVE VOTING IN FAVOR.
NO, I KNOW, BUT I GOT A QUESTION FOR HIM.
CAN I ADD ON THAT THE GENTLEMAN HAD, THE APPLICANT DID AGREE TO CAP.
I SAW MODIFIED THE READING TO INCLUDE CAPS AS THE APPLICANT ADMITTED THEIR APPLICATION.
SECOND, UH, ALL, ALL FOR ALL THE REASONS COMMISSIONER MANNA AGREES, YOU KNOW, THEY WENT BACK AND GOT THE, UH, APPROVAL OF THE, OF THE ASSOCIATION AND, UH, SHOUT OUT TO RUBY'S COIN WASH, WASH TERRIA ACROSS THE STREET.
I USED TO GO THERE ALL THE TIME AS A KID, SO YEAH.
AND WE USED TO GO TO THAT TIRE SHOP.
SO YEAH, LET'S, UH, LET'S SECURE YOU UP IN, IN APPROVE.
ALL RIGHT, THAT CLOSES PUBLIC PORTION.
[01:20:01]
A ROLL CALL.I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNI? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
VICE CHAIR ZINA? YES, I CONCUR.
ITEM NUMBER FIVE IS BO OA DASH 25 DASH 1 0 3 2 0 1 9 2 1 9.
PARDON ADDRESS AT 4 3 1 4 GRECO DRIVE IN CONSUL DISTRICT THREE.
THE APPLICANT IS ANNA ESTRADA.
AND THE REQUEST FOR ONE A NINE FOOT TWO INCH VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A 10 INCH FRONT SETBACK AND A 15% VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER TO ALLOW A 65% FRONT YARD IMPERVIOUS COVER.
THE SUBJECT PROPERTY IS LOCATED ALONG GRECO DRIVE JUST WEST OF ROLAND AVENUE.
THE APPLICANT BEGAN A CONSTRUCTION OF AN ATTACHED CARPORT AND PAVED WHEELCHAIR AND WALKER ACCESS WALKWAY IN THE FRONT EXPRESSING THE NE THE NECE, SORRY, THE NECESSITY FOR THESE ADDITIONS FOR THE WELFARE OF HER DISABLED SPOUSE.
THIS RESULTED IN A CODE INVESTIGATION FOR BUILDING THE CARPORT WITHOUT THE NECESSARY PERMITS AS THE ROOF IS NOT IN PLACE ON THE CARPORT.
THE PROPERTY OWNER HAS INDICATED THAT GUTTERS WILL BE INSTALLED FOR WATER RUNOFF PURPOSES DURING STAFF'S VISIT TO THE SITE.
THE FRONT POST OF THE CARPORT WERE OBSERVED TO BE 10 INCHES FROM THE FRONT PROPERTY LINE AND ENCROACHING THE MINIMUM REQUIRED 10 FOOT FRONT SETBACK.
THE PROPERTY IS BUILT ON A ZERO LOT LINE DEVELOPMENT ON THE CARPORT SIDE AND IS IN LINE WITH THE CURRENT PRINCIPAL STRUCTURE.
THE ADDITION OF THE CONCRETE WALKWAY TO THE DRIVEWAY CONTRIBUTED TO A 15% INCREASE IN IMPERVIOUS COVER.
AS A RESULT, THE OVERALL IMPERVIOUS COVERAGE IN THE FRONT YARD EXCEEDS THE MAXIMUM MABLE.
50% OF THE FRONT YARD AREA HIGHLIGHTED IN RED IS THE LOCATION OF THE ATTACHED CARPORT.
AND THE AREAS IN GREEN CONTRIBUTES TO THE IMPERVIOUS COVER.
AND THIS IS JUST A HISTORICAL VIEW FROM 2011 OF WHAT THE PROPERTY LOOKED LIKE AND CURRENTLY.
AND THE DISTANCE FROM THE FRONT SETBACK, THE 10 INCHES, AND WE MEASURED FROM THE BACK, WELL FROM HERE TO HERE, THE 10 FEET, SO THE 10 INCHES AND THE LOCATION OF THE IMPERVIOUS COVER WITH THE CARPORT PAVEMENT, AND THE WALKWAY ALONG THE SIDE AS WELL.
AND THE CLOSER VIEW OF THIS ADDED IMPERVIOUS COVER, THIS IS THE SURROUNDING AREA.
IN THIS PHOTO, YOU WILL SEE AN ATTACHED CARPORT WITH A REDUCED SETBACK THAT THE BOARD GRANTED AT THREE FEET AND THE REST OF THE SURROUNDING AREA STAFF'S RECOMMENDATION FOR THE CARPORT FRONT SETBACK IS DENIAL IN BO OA DASH 25 DASH 0 3 2 9.
BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED SETBACK DOES NOT PROVIDE SUFFICIENT SEPARATION FROM THE CARPORT AND THE FRONT PROPERTY LINE, WHICH CAN IMPACT PEDESTRIAN AND TRAFFIC SAFETY AND THE REQUESTED VARIANCE WILL ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD STREET SCAPE.
FOR IMPERVIOUS COVER, STAFF RECOMMENDS APPROVAL IN BO OA DASH 25 DASH 0 3 0 0 2 9 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, THE INCREASED IMPERVIOUS COVER WILL NOT CONTRIBUTE TO POTENTIAL WATER RUNOFF ISSUES AS SUFFICIENT GREEN SPACE REMAINS IN THE FRONT YARD.
AND THE REQUESTED VARIANCE MAINTAINS ESSENTIAL CHARACTER AND VISUAL AESTHETIC OF THE NEIGHBORHOOD.
WE RECEIVED FOUR IN FAVOR FROM THE APPLICANT PRIOR AND NO RESPONSE FROM THE PECAN VALLEY NEIGHBORHOOD ASSOCIATION.
UM, AT THE START OF THE MEETING, SHE DID PROVIDE ADDITIONAL SUPPORT.
UM, THREE WERE WITHIN THAT AREA AT 43 0 7, 43 23 AND 43 0 6.
AND THE FOURTH ONE WAS OUTSIDE OF THE 200 FEET.
THIS IS NOT THE ONE, THIS IS RECORD OF WHAT'S ON THE PREVIOUS SLIDE.
AND THIS CONCLUDES STAFF'S PRESENTATION.
[01:25:01]
ANY QUESTIONS FOR STAFF CRUZ, MS. CRUZ, UH, SO IS THE CARPORT COMPLETED ALREADY OR IT'S STILL BEING BUILT? WHAT'S LEFT IS THE ROOF TO BE INSTALLED, BUT THE FRAMEWORK IS THERE.THAT'S WHAT I WANNA MAKE SURE.
THIS IS A QUESTION FOR CITY STAFF.
SO, UM, WHEN IT IS, IS THERE AN A DA COMPLIANCE, UM, UH, VARIABLE OR, OR, OR, UH, I GUESS GRANTING, IF IT IS THAT FOR, FOR IMPERVIOUS COVERS IN A PROPERTY ITSELF? DOES THAT, DOES THAT WEIGH INTO ANY PICTURES AT ALL? YOU KNOW, WITH REGARDS TO A DA COMPLIANCE, NO.
BASICALLY WHAT, WHAT SHOULD BE EXISTING SHOULD HAVE MET A DA, BUT I'M NOT, I'M NOT CERTAIN IF RESIDENTIAL PROPERTIES HAVE TO COMPLY, BUT, UM, ANY UPDATED WITH THE IMPERVIOUS COVERAGE WOULD NOT, IS NOT THE SAME WITH A DA.
THANK YOU MR. MAD, I I CAN CHIME IN THERE.
SO THE, THE WAY THE A DA WORKS ON THE, THE FAIR HOUSING ACT DOES ALLOW PEOPLE TO BE
SO THIS IS, IF THIS ADDITIONAL SIDEWALK IS IN SOME WAY NEEDED BY THE HOMEOWNER, UH, YOU KNOW, SO THAT HE CAN, YOU KNOW, LIVE HIS LIFE, THEN THAT'S ONE THING.
SO THAT'S, BUT IT'S, BUT YOU KNOW, THERE'S NO GUARANTEE.
COULD Y'ALL HEAR THAT? UH, IT WAS A LITTLE BIT MUFFLED IN THE BEGINNING, BUT I, I THINK I CAUGHT THE GIST OF IT.
SO YEAH, THE A, THE A DA DOES NOT APPLY TO, UH, RESIDENTIAL PROPERTIES, A FAIR HOUSING ACT, HOWEVER IT DOES, BUT THEY ONLY REALLY APPLY TO QUAD FLETCH IS A GREATER, BUT THERE'S ANOTHER PROVISION OF THE FAIR HOUSING ACT THAT, THAT GETS INVOLVED WHEN, WHEN YOU'RE A HOMEOWNER AND YOU'RE TRYING TO, TO DO SOMETHING TO YOUR PROPERTY THAT, LET'S SAY WOULD BE A, UM, AGAINST A CODE OR HOA COVENANT THAT'S, THAT'S NEEDED FOR YOUR HEALTH AND WELFARE.
ANY OTHER QUESTIONS FOR STAFFER? OKAY, AT THIS POINT I'D ASK THE APPLICANT TO PLEASE COME FORWARD.
MY NAME IS ANA ESTRADA AND I'M THE ONE THAT, UH, AS ASKING FOR THIS, UH, FOR MY HUSBAND, ACTUALLY.
UM, I, I'M NEW TO THIS, SO PLEASE EXCUSE MY FUMBLING.
UM, I JUST, UH, DIRECTED MY SPEECH ACCORDING TO HOW YOU LAID THE CONDITIONS NECESSARY FOR GRANTING A VARIANCE.
UH, TOPIC NUMBER ONE, VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE VARIANCE REQUESTED IS NOT, UH, UM, IT DOESN'T OBSTRUCT THE SIDEWALK OR THE WALKWAY.
UH, MANY OF MY NEIGHBORS HAVE SIMILAR CARPORTS AND THEIR CARPORTS HAVE NOT POSED AN ISSUE FOR ANYONE THAT I'M AWARE OF.
I INCLUDED THE PHOTOS, UH, I THINK YOU HAVE 'EM LOADED OF THE DIFFERENT, UH, CARPORTS THAT ARE IN THE AREA.
I TRIED TO LABEL THEM TO, UH, SHOW EXACTLY WHERE THEY'RE AT.
AND, UH, SOME OF THEM ARE, I MEAN, THE ONES THAT I TOOK PICTURES OF, THERE'S A LOT OF 'EM.
UH, I, I DID THE 43 38, UH, GRECO.
AND IT IS WHERE, WHERE I HAVE IT SET THE, WHERE WE HAVE OUR CARPORT SET.
OKAY, THEN THERE'S THE CARPORT ON, UH, 42 27.
UH, AND THAT ONE EXTENDS A LITTLE FURTHER THAN WHAT I'M ASKING FOR, BUT THAT ONE IS UP AND STANDING, AND THAT'S KIND OF THE WAY OURS IS GONNA LOOK.
IT IS NOT GONNA BE AT ALL BLEMISHING THE COMMUNITY IN ANY WAY.
NOW THAT ONE GOES BEYOND THE SIDEWALK AND ON THE OTHER SIDE OF THE SIDEWALK, AND THEY ALSO HAVE LIKE A FLAGPOLE.
BUT AGAIN, IT DOESN'T OBSTRUCT ANYTHING AND I, NOBODY'S EVER COMPLAINED ABOUT IT.
OKAY? UH, AND THEY'RE ALL STRUCTURES THAT, YOU KNOW, THEY, THEY LOOK LIKE THEY ENHANCED THE COMMUNITY.
UH, THE STREET BEHIND THIS IS KATRINA.
THEN I'VE GOT THE PICTURE ON 42, 23 KATRINA.
UH, THEY ALSO, UH, THEIRS ALSO GOES TO THE SIDEWALK, UH, AND AGAIN, DOES NOT, UH, BOTHER ANYBODY.
THE NEXT ONE IS 43 18 KATRINA.
AND THAT, UH, THAT ONE IS SIMILAR TO WHAT WE WOULD HAVE AS FAR AS WHERE IT REACHES, ALTHOUGH IT WOULD HAVE
[01:30:01]
A LITTLE MORE, UM, UH, APPEAL, I GUESS WHAT THE RIGHT WORD IS.AND I INCLUDED A PICTURE OF 43 27 KATRINA.
THIS IS, UM, BECAUSE OF THE WAY OUR NEIGHBORHOOD WAS BUILT.
THEY'RE, THE LOTS ARE VERY SMALL.
IN ORDER FOR YOU TO PARK, YOU CAN ONLY ALLOW, YOU'RE ONLY REALLY ALLOWED ONE CAR BECAUSE IF YOU GO FURTHER, YOU WIND UP PARKING ON THE SIDEWALK AND THAT'S NOT ALLOWED.
SO IF YOU FOLLOW THE 10 FOOT, AS YOU CAN SEE, THE CAR IS NOT EVEN COMPLETELY COVERED.
AND ONE OF THE REASON THAT THE CARPORTS ARE EVEN BEING PUT UP IS BECAUSE OF THE HORRIBLE HAIL THAT WE'VE BEEN HAVING EXPERIENCING.
UH, AND THAT'S WHY MOST OF THE PEOPLE STARTED GETTING THEIR CARPORTS DONE BECAUSE OF THE HAIL.
AND THAT WAS ONE OF THE MOTIVATORS FOR US AS WELL AT THE, UH, WHEN WE WERE THINKING ABOUT IT.
BUT WE REALLY DIDN'T, UH, CONCENTRATE TOO MUCH ON THAT AT THE BEGINNING.
OKAY, NOW I WANNA GO TO, UH, AND, AND WE'LL STILL NEED THE PICTURES, BUT LIKE, LEMME GO TO NUMBER TWO.
UM, DUE TO SPECIAL, UH, CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP TO MY HUSBAND RICHARD.
THE SETBACK ORDINANCE LIMITS OUR ACCESS TO A SAFE COVERED EXIT FROM THE VEHICLE.
DURING INCLEMENT WEATHER, OUR PROPERTY LINE IS IN THE DOOR, IS, UH, 25 FEET.
NOW, DURING RAINY WEATHER, THE CAR WOULD NEED TO BE BACKED UP TO ALLOW FOR A SAFE AND DRY EXIT FROM THE CAR AND ENTRY INTO THE HOME, THROUGH THE DOOR.
UM, THROUGH THE DOOR THAT IS RAMPED TO THE LEVEL OF THE DRIVEWAY, UH, THIS IS THE ENTRANCE THAT HE CAN NAVIGATE SAFELY.
IF HE IS NOT ALLOWED THE EXTRA 10 FEET OF PROTECTED ENTRANCE, THEN UH, THEN HE REALLY CAN'T DO IT WITH HIS WALKER OR THE WHEELCHAIR.
SOMETIMES HE'S IN A WHEELCHAIR.
HE WILL IN FACT, BE DENIED INDEPENDENCE AND HINDER THE QUALITY OF HIS LIFE.
INCIDENTALLY, WITHHOLDING THIS WOULD, UH, BARELY ALLOW FOR THE FULL COVERAGE OF THE ENTIRE CAR, IS WHAT I MENTIONED EARLIER.
UH, VARIANCE NUMBER TWO, THE 15% FROM THE MAXIMUM OF THE 50% IMPERVIOUS COVER WOULD RESOLVE THE FALL HAZARD.
WHILE IT IS NOT COVERED DURING GOOD WEATHER, RICHARD WILL HAVE ACCESS, I'M SORRY, RICHARD'S, MY HUSBAND WILL HAVE ACCESS TO THE WALKWAY AND THE EXTENDED PART PORCH THAT IS RAMPED TO THE LEVEL OF THE DRIVEWAY.
THE WALKWAY WAS NARROW AND REQUIRED TO STEP UP TO GET TO THE DOOR.
THE WALKWAY WOULD, UH, UH, WOULD, UH, BECOME MUDDY DURING RAIN, POSING A FALL HAZARD FOR HIM.
WE HAD TRIED OTHER MODIFICATIONS SUCH AS A ROCK WALKWAY ALONG THE DRIVEWAY TO AVOID THE SLIPPERY MUDDY ENTRANCE CREATED WHEN IT RAINS.
HOWEVER, IN FACT, IT MADE IT LESS STABLE DUE TO THE BALANCE ISSUES CAUSED BY HIS FOOT DROP CONDITION.
WHILE THE EXPENDED CARPORT WOULD ACCOMPLISH A COVERED ENTRY WITHIN THE DRIVEWAY, THE ADDITION OF THE EXTENDED CEMENT WALKWAY RAMPED TO THE LEVEL OF THE PORCH, WOULD ALLOW FOR AN INCREASE IN HIS INDEPENDENCE AND ALLOW HIM TO AMBULATE SAFELY IN THE FRONT YARD.
HE IS DISABLED AND MOST RECENTLY HE HAS HAD A DECLINE IN HIS HEALTH.
IN THE PAST MONTH, HE HAD A FALL AND X-RAYS REVEALED A MASS ON THE RIGHT HIP AND THIGH AREA.
UM, RIGHT NOW WE'RE IN THE PROCESS OF EVALUATING THE TREATMENT OPTIONS FOR US.
THE MEDICAL CONDITIONS INCLUDE INSULIN DEPENDENT DIABETES, HYPERTENSION, GLAUCOMA WITH VISION ISSUES, HEARING IMPAIRMENTS, REQUIRING HEARING AIDS, A HISTORY OF LUMBAR FRACTURE WITH MUSCLE WEAKNESS AND MOST RECENTLY RESPIRATORY ISSUES.
HE REQUIRED MULTIPLE HOSPITALIZATIONS EARLIER THIS YEAR FOR PULMONARY COMPLICATIONS RESULTING IN SEVERE WEAKNESS AND POOR MOBILITY.
IT HAS BECOME MORE DIFFICULT FOR ME TO GET HIM IN AND OUT OF THE HOUSE FOR HIS NUMEROUS SPECIALIST APPOINTMENTS.
AND EVEN DURING HIS MEDICAL EXACERBATIONS, HIS PRIMARY PHYSICIAN HAS SUBMITTED A LETTER OF MEDICAL NECESSITY THAT I'VE INCLUDED.
RICHARD HAS BOTH KNEES REPLACED AND DOES NOT HAVE THE STABILITY HE HAD WHEN HE WAS YOUNGER.
IT'S A HARDEST HARDSHIP ON US AND CAUSES UNDUE STRESS AND HEARTACHE FROM NOT KNOWING IF THE PROJECT WILL SEE THE LIGHT OF DAY.
IT FORCES US TO ISOLATE OURSELVES, ESPECIALLY WHEN THE CLIMATE IS COLD OR WET OR HUMID.
I WILL NOT LEAVE HIM ALONE SO NEITHER OF US CAN ATTEND FAMILY GET TOGETHERS.
THIS IS ESPECIALLY DISHEARTENING WITH THE UPCOMING HOLIDAYS.
WE ARE HOPING TO HAVE THE IMPROVEMENTS COMPLETED BEFORE THE CHANGE IN THE WEATHER.
[01:35:01]
NOW GOING TO NUMBER THREE, BY GRANTING THE, UM, VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED.WE ARE IN NO WAY OBSTRUCTING THE WALKWAY.
OUR NEIGHBORS ARE AS AFOREMENTIONED, HAVE SIMILAR STRUCTURES AND THEY HAVE NOT, UH, POSED ANY ISSUES TO ANYONE THAT I AM OR THE NEIGHBORS ARE AWARE OF BY APPROVING, EXCUSE ME, BY APPROVING THE VARIANCE, IT WILL ALLOW US TO ENJOY THE, OUR HOME FOR THE REMAINDER OF THE YEARS THAT THE GOOD LORD GRANTS US.
WE CELEBRATED OUR 51ST WEDDING ANNIVERSARY ON OCTOBER THE FOURTH.
WE HAVE LIVED IN THIS RESIDENCE SINCE 1986 WHEN THE HOME WAS BUILT.
WE RAISED TWO DAUGHTERS AND HAVE SEEN SEVEN GRANDCHILDREN GROWN UP IN OUR HOME.
YOUR TOPIC, NUMBER FOUR, THE VARIANCE WILL ALLOW US TO LIVE IN OUR RESIDENCE.
WE HAVE NO OTHER INTENTIONS BUT TO LIVE IN THE HOME AND PASS THE PROPERTY TO OUR DESCENDANTS.
WE ARE TRYING TO MANAGE COST AS WE ARE BOTH RETIRED AND ON FIXED INCOMES.
IT HAS BECOME DIFFICULT TO MANAGE THE COST OF THE PROJECT, BUT WE FELT IT WAS NECESSARY TO KEEP RICHARD SAFE.
SEVERAL PEOPLE ADVISED US TO GET A PROFESSIONAL PLAN DRAWN BY AN ENGINEER.
AND ALTHOUGH COSTLY IT WOULD BE STRUCTURALLY SOUND AND ENSURE THE BUILDING CODES WERE OBSERVED, OUR INTENT WAS TO HAVE THE PROJECT COMPLETED IN A TIMELY MANNER.
UNFORTUNATELY, THIS HAS NOT BEEN THE CASE.
CONSTRUCTION WAS HALTED IN EARLY OCTOBER.
AS WE AWAIT THE RESULTS OF THIS MEETING, WE ARE UNDER SOME CONSTRAINTS.
BASICALLY THE CHANGE IN THE SEASONS, THE PROJECT COSTS ARE MOUNTING, STARTING WITH THE COST OF THE ENGINEER'S PLAN, THE LABOR AND THE, UH, ADDED EXPENSES OF REPLACING MATERIALS AND, UH, SUPPLIES THAT HAVE, UH, BEEN RUINED DUE TO THE EXPOSURE TO THE ELEMENTS.
THERE'S ALSO, UM, EXCUSE ME, THERE'S ALSO THE ADDED EXPENSES OF PERMITS.
THE COST OF FILING A VARIANCE, ALL OF THE OTHER THINGS THAT ARE MAKING THE PROJECT PRICE PROHIBITIVE.
I DO HAVE A STRONG UNWAVERING CONVICTION AND FAITH THAT THE BOARD WILL APPROVE THE VARIANCES.
WE WILL BE ALLOWED TO IMPROVE OUR STANDARD OF LIVING FOR YEARS TO COME AND REMAIN INDEPENDENT AS LONG AS POSSIBLE.
YOUR 0.5, UH, THE VARIANCE WILL NOT INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTIES NOR ALTER OUR NEIGHBOR'S PROPERTY OR THE ESSENTIAL CHARACTER OF THE DISTRICT AT OUR PROPERTY AT 43 14 GRECO DRIVE.
IN FACT, WE INTENTIONALLY TOOK STEPS TO HAVE AN ENGINEER DRAW THE PLAN.
THERE WOULD BE A SOUND STRUCTURE AND ENHANCE THE CURB APPEAL, MAINTAINING A SEAMLESS EXTENSION OF THE EXISTING PROPERTY AND THE COMMUNITY'S CHARACTER, MY NE DOOR NE MY NEXT DOOR NEIGHBORS WERE EAGER TO SIGN THE PETITION.
UH, AND I MIGHT ADD THAT, UH, WHEN I GOT THEIR APPROVAL, ESPECIALLY THE NEIGHBOR THAT IS, UH, TO THE RIGHT OF US, I SUPPOSE, UH, UH, THEY SAID THEY, THEIR ONLY CONCERN WAS THE GUTTER AND WE WERE PLANNING TO GUTTER IT.
AND THAT'S IN THE, BECAUSE I COLLECT RAINWATER, 'CAUSE I HAVE A GARDEN.
OKAY, SO WHAT WE CANNOT PUT RE UH, CONDITIONS ON THE, ON YOUR APPLICATION, BUT IF YOU STATE TODAY THAT YOU WILL ADD GUTTERS AS PART OF YOUR APPLICATION.
THAT'LL BE IN CONSIDERATION FOR THE BOARD.
IF YOU COULD JUST STATE YOU'RE GONNA ADD GUTTERS.
OH, DE DEFINITELY WE'RE GONNA, WE, WE'VE ALREADY PLANNED FOR IT.
'CAUSE I DO, UH, HARVEST RAIN FOR MY GARDEN.
SO PART OF YOUR APPLICATION IS THAT YOU WOULD ADD, ADD THE GUTTERS? YES.
UH, SO DID I COVER NUMBER FIVE? OH YES.
THE VARIANCE WILL ALLOW US TO MEET THE UNIQUE LIMITED MOBILITY ISSUES THAT, UH, MY HUSBAND'S HEALTH CONDITIONS CAUSE THE REQUESTED IMPROVEMENTS ARE ESSENTIAL IN MEETING HIS NEEDS FOR EASY, SAFE ENTRY AND EXIT FROM THE HOME AND ACCESS TO TRANSPORTATION.
IT WILL ALSO PREVENT HIM FROM BECOMING SOCIALLY ISOLATED FROM OTHERS OR OTHER FAMILY MEMBERS WITHOUT THE IMPROVEMENTS, WE CANNOT GET HIM IN AND OUT OF THE HOUSE SAFELY AS HIS CONDITION DETERIORATES.
LET'S SEE IF WE, IF WE HAVE ANY QUESTIONS FOR YOU FROM THE BOARD, ANY QUESTIONS, STAFF, DO WE HAVE ANY PUBLIC COMMENT OR VOICEMAILS TO BE READ OR TO BE HEARD OR NO PUBLIC COMMENT? ALRIGHT, UM, ORIAN, I GOT ONE QUESTION.
UH, WHERE, WHERE DOES THE, THE, IT NATURALLY DRAIN? DOES THE DRAIN TO THE LEFT AND RIGHT OR TO THE FRONT? SO THE QUESTION IS WHICH WAY FALL? WHAT GETS THE ROOF, THE ROOF OF THE, UH, CARPORT? WELL THAT, I'M NOT SURE IF, UH, 'CAUSE WE CAN LET, WE, WERE PLANNING TO HAVE IT RUN OUT LIKE THIS AND WE CAN STILL HAVE IT RUN LIKE THAT.
ALTHOUGH, UH, THE GUY THAT WAS
[01:40:01]
GONNA DO THE ROOF SAID WE COULD HAVE IT RUN TO THE FRONT IF YOU WANT.I SAID, WELL THAT LOOKS KIND OF GOOFY, SO I THINK WE'RE STILL GONNA HAVE IT DO THIS, BUT THE GUTTERS WILL RUN LIKE THAT.
SO SHE'S SHOWING IT AS, AS A GABLE ROOF WITH, UH, UH, GUTTERS ALONG THE SIDE.
I I WAS JUST CURIOUS IF THAT IT THANK YOU.
AND IF IT DID DRAIN IN THE FRONT, BUT IT WAS MATCHING NATURAL DRAINAGE PATTERNS, UH RIGHT.
EXCEPT THAT WE'RE GONNA BE HARVESTING THE RAIN SO SHE'LL BE HARVESTING IT SO THERE MAY NOT BE ANY
ANY OTHER QUESTION FOR THE APPLICANT? ALL RIGHTY.
WELL THAT CLOSES THE PUBLIC PORTION OF THE MEETING AND IT ASK FOR A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION.
UH, DO WE HAVE A SECOND, UH, I MOTION TO, UM, GET, OKAY, YOU'RE GONNA READ THE MOTION? YES.
DO WE HAVE, OKAY, LET'S GO AHEAD AND READ THE MOTION.
REGARDING CASE NUMBER BO OA 25 1 0 3 0 0 2 1 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A NINE FOOT TWO INCH VARIANCE FROM THE MINIMUM TWO FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A 10 INCH FRONT SETBACK AND TWO, A 15% VARIANCE FROM THE MAXIMUM 50% IMPERVIOUS COVER TO ALLOW A 65% FRONT YARD IMPERVIOUS COVER SITUATED AT 43 14 GRECO DRIVE.
APPLICANT BEING ANA ESTRADA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTERESTS.
UH, CHAIR, MAY I READ BOTH, UH, AT THE SAME TIME OR YES.
CARPORT FRONT SETBACK, THERE IS SUFFICIENT SPACING BETWEEN THE CARPORT AND THE RIGHT OF WAY THAT WOULD NOT HINDER PEDESTRIAN AND TRAFFIC SAFETY.
THERE IS SUFFICIENT GREEN SPACE IN THE FRONT YARD TO MITIGATE WA WATER RUNOFF CONCERNS.
DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP, CARPORT, FRONT SETBACK.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CURRENT LENGTH OF THE CARPORT IS NE IS NEEDED TO PROVIDE FULL COVERAGE FOR THE VEHICLES WHILE PROVIDING WHEELCHAIR ACCESS AND IN AND MANEUVERING IMPERVIOUS COVER.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN NECESSARY HARDSHIP AS REMOVING THE ADDED WALKWAY WOULD ELIMINATE THE ACCESS NEEDED FOR SAFE ENTRY AND MANEUVERING INTO THE RESIDENCE.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE RE REDUCED SETBACK PROVIDES SUFFICIENT SPACE BETWEEN THE CARPORT AND THE FRONT PROPERTY LINE FOR BOTH PEDESTRIAN AND TRAFFIC SAFETY.
THE FRONT YARD WILL MAINTAIN A GREEN SPACE OF REASONABLE SIZE THAT CAN MITIGATE POTENTIAL WATER RUNOFF CONCERNS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN 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 VARIANCES.
SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THIS VARIANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD BLOCK FACE.
A CARPORT NORTH OF THE PROPERTY WAS OBSERVED WITH THE FRONT SETBACK.
HOWEVER, A BOARD OF ADJUSTMENT VARIANCE WAS GRANTED FOR A REDUCED FRONT SETBACK OF THREE FEET IMPERVIOUS COVER.
THE VARIANCE WOULD NOT SIGNIFICANTLY, SIGNIFICANTLY IMPACT THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THE CREATION OF WATER RUNOFF WOULD BE WITHIN REASONABLE DUE TO THE SUFFICIENT GREEN SPACE ON THE PROPERTY.
ADDITIONALLY, THE GUTTERS TO BE INSTALLED ON THE CARPORT WILL CONTRIBUTE TO THE MITIGATION OF WA WATER RUNOFF CONCERNS REGARDING
[01:45:01]
INCREASED IMPERVIOUS COVER.THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CAUSED 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.
CARPORT, FRONT SETBACK STAFF FINDS THE PLIGHT OF THE OWNER FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE CARPORT IS SUFFICIENTLY SUFFICIENT SUFFICIENTLY SET BACK FROM THE FRONT PROPERTY LINE AND WOULD NOT IMPACT PEDESTRIAN AND TRAFFIC SAFETY.
IMPERVIOUS COVER STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE REMAINING GREEN SPACE AND TREES ARE SUFFICIENT TO ALLEVIATE WATER RUNOFF CONCERNS.
I WILL BE, UH, VOTING IN FAVOR OF THIS APPLICANT'S REQUEST.
NOW MAY I SAY THAT? YES,
AND REAL QUICK, UH, MISS COMMISSIONER IBANEZ, DID YOU INCLUDE THAT NOTE ABOUT THE GUTTERS WHEN IN YOUR, IN YOUR MOTION? IT WAS INCLUDED IN, IN THE, UH, LET ME SEE.
WHICH ONE IS IT? YOU DIDN'T READ IT, SO JUST IF YOU CAN SAY OH, OKAY.
IT WAS INCLUDED IN THERE THOUGH, BUT THAT SHE WAS GONNA HAVE IT.
ANY OTHER COMMENT OR NO HEARING AND NONE? YEAH, NO, I'M, I'M ALSO GONNA BE IN FAVOR OF IT.
UM, YOU KNOW, SHE DID, SHE GOT HER, UH, NEIGHBOR'S SUPPORT.
UH, SHE DEFINITELY DID HER HOMEWORK, FINDING MANY OTHERS IN THE AREA.
UM, AND THIS IS DEFINITELY GONNA EASE THEIR WAY OF LIVING.
SO I'LL BE IN, I'LL BE IN SUPPORT.
ANY OTHER QUESTIONS, COMMENTS? ALRIGHT, UH, LET'S CLOSE THAT.
UH, LET'S GO AHEAD AND TAKE A ROLL CALL.
WE'RE GONNA CLOSE THE PUBLIC PORTION.
COMMISSIONER IBANEZ, I CONCUR WITH THE FINDINGS AND FACTS.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
YES, I CONCUR WITH UNANIMOUS, UH, TENANT FAVOR.
UH, GOOD LUCK WITH FINISHING THE PROJECT.
AND, UH, PLEASE GET WITH STAFF IF YOU HAVE ANY QUESTIONS.
IT'S
THE ADDRESS BEING 28 76 NACODOCHES ROAD IN COUNCIL DISTRICT 10.
THE APPLICANT IS RICK NUNEZ AND THIS IS A REQUEST FOR AN AN ELIMINATION OF THE SOLID OPAQUE FENCING REQUIREMENTS FOR USES OF JOINING SINGLE FAMILY RESIDENTIAL USES.
THE ZONING IS MF 25 CD WITH A CONDITIONAL USE AUTHORIZATION FOR A PROFESSIONAL OFFICE.
THE SUBJECT PROPERTY IS GENERALLY LOCATED NORTH OF THE INTERSECTION OF INTERSTATE LOOP FOUR 10 AND NACODOCHES ROAD AND IS OCCUPIED BY A PROFESSIONAL OFFICE.
ACCORDING TO PERMIT RECORDS, CONSTRUCTION WORK TO REMODEL EXISTING BUILDINGS AND ERECT NEW, NEW FACILITIES BEGAN IN 2019.
AS PART OF THE IMPROVEMENTS TAKING PLACE ONSITE, THE APPLICANT INTENDS TO ADD PRIVACY SLOTS TO THE EXISTING CHAIN LINK FENCE ALONG THE SOUTHWEST AND SOUTHEAST PROPERTY LINES.
THIS MODIFICATION IS INTENDED TO IMPROVE THE FENCES SCREENING CAPABILITIES WHILE AVOIDING THE REMOVAL OF THE EXISTING FENCE AND THE EXISTING VEGETATION GROWTH ALONG THAT FENCE.
THE PROPOSED MODIFICATIONS WOULD NOT INCREASE THE FENCE OPACITY TO A HUNDRED PERCENT AS REQUIRED BY CODE.
WHILE THE ADDED SLATS WILL CLASSIFY THE FENCE AS A PRIVACY FENCE.
UM, THE CODE REQUIRES A SOLID OPAQUE FENCE, WHICH WOULD NOT BE MET BY THE PRIVACY FENCE STANDARD, WHICH ONLY REQUIRES CONSTRUCTION WITH LESS THAN 70% OPEN OR VOID SPACE.
[01:50:01]
IS TO ELIMINATE THE REQUIREMENT THAT FENCES FOR NON-RESIDENTIAL, NON-RESIDENTIAL USES ADJOINING SINGLE FAMILY RESIDENTIAL USES BE A HUNDRED PERCENT SOLID OR OPAQUE.SHOWN HERE IS A SITE PLAN OF THAT EXISTING CHAIN LINK FENCE HIGHLIGHTED IN YELLOW.
UH, AGAIN, IT'S AN EXISTING FENCE THAT'LL BE MODIFIED BY THE APPLICANT.
SHOWN HERE IS THE SUBJECT PROPERTY AND ANOTHER VIEW OF THE SUBJECT PROPERTY FROM THE NACODOCHES ROAD RIGHT OF WAY AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SOLID OPAQUE FENCE REQUIREMENT ELIMINATION FOR NON-RESIDENTIAL USES ADJOINING SINGLE FAMILY RESIDENTIAL USES.
UH, STAFF RECOMMENDS DENIAL IN BOA DASH 25 DASH 3 29 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ELIMINATION OF THE SOLID OR OPAQUE FENCING REQUIREMENT IS CONTRARY TO THE PUBLIC INTEREST AS THEY WOULD REMOVE THE BARRIER FROM NOISE, DUST, AND OTHER NUISANCES CREATED BY NON-RESIDENTIAL USES FROM SURROUNDING RESIDENTIAL USES.
TWO, THERE IS NO IDENTIFIABLE UNIQUE CIRCUMSTANCE PRESENT ON THE PROPERTY TO JUSTIFY A DEVIATION FROM THE SOLID OPAQUE FENCE REQUIREMENT.
STAFF MAILED 51 NOTICES ZERO WERE RETURNED IN FAVOR.
14 WERE RETURNED IN OPPOSITION.
AND THE FOREST OAK NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION SHOWN HERE.
ARE THE LETTERS RECEIVED IN OPPOSITION ON THIS NEXT SEVERAL SLIDES? AND THIS CONCLUDES STAFF'S PRESENTATION.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF.
I ASK THE APPLICANT TO PLEASE COME FORWARD AND LET'S BEGIN THE PRESENTATION.
UM, PRETTY SIMPLE ON THIS PROPERTY.
UH, THIS USED TO BE THE PROPERTY OF, UH, TOM TURNER AND UH, THERE IS A CHAIN LINK FENCE AS IT WAS SHOWN ON THAT ONE EXHIBIT ON FOUR SIDES OF THAT PROP PROPERTY AS IS, AS IT ZIGZAGS.
UH, THE REASON FOR US WANTING TO DO THE SLATS IS TO PRESERVE THE VEGETATION AROUND THE FENCING.
UM, IN PAST EXPERIENCE, UH, IN DEALING WITH CITY, CITY ARBORISTS, I KNOW IT'S AN ISSUE TO TEAR STUFF DOWN.
SO WE'RE TRYING TO KEEP IN COMPLIANCE WITH THAT.
UH, THIS PROPERTY IS, UH, AS IT WAS SHOWN, UH, ZONED AS, UH, IT COULD BE MULTIFAMILY UP TO 24, SORRY, UP TO 48 UNITS PER ACRE.
UH, THIS OWNER HAS DECIDED TO PRESERVE AND KEEP A CAMPUS STYLE, UH, ENVIRONMENT, KEEPING THE TREES, UH, THE WATER AND THE PLANTS, UH, AS WAS ORIGINALLY INTENDED.
SO THAT, THAT IS OUR GOAL WITH THIS VARIANCE.
LET'S SEE IF WE HAVE ANY QUESTIONS FOR THE APPLICANT.
SO MY UNDERSTANDING IS YOUR, SO THE CHAIN LINK FENCE WILL REMAIN AND JUST MERELY PUTTING THE SLATS WITHIN THE CHAIN LINK TO MAKE IT, UH, OPAQUE FENCING.
IS THAT CORRECT? THAT'S A REQUEST.
ON, ON TOP OF THAT, WE, WE WOULD ADD VEGETATIONS, SO GOTCHA.
THAT IT, IT, IT EVENTUALLY GETS FILLED IN.
DID YOU HAVE A CHANCE TO MEET WITH THE FOREST OAK NEIGHBORHOOD ASSOCIATION? UH, WE, WE DID NOT MEET.
SO I SEE THEY WERE IN OPPOSITION.
I DON'T KNOW IF THEY UNDERSTOOD.
YEAH, WE HAVE, WE HAVE ONE NEIGHBOR THAT IS, UH, HAS BEEN OPPOSING OUR PROJECT, UH, FOR OKAY.
UH, WE'VE BEEN, UH, THEY'VE CALLED, UH, THEY'VE CALLED SEVERAL CITY DEPARTMENTS ON US FOR VARIOUS REASONS AND IT'S, IT'S JUST BEEN A BATTLE.
IF WE WANT A SOLID FENCE, THEY WOULD BE REQUESTING THE OPPOSITE RIGHT NOW.
WELL LET'S, UH, THANK YOU FOR YOUR TIME.
WE'LL CALL YOU BACK UP FOR A REBUTTAL.
UH, LET'S SEE IF THERE'S ANY, UH, PUBLIC COMMENTS OR VOICEMAILS TO BE READ INTO THE RECORD.
WE HAVE ONE VOICEMAIL ON SPEAKERS.
SO WE'LL PLAY THE VOICEMAIL FIRST.
I AM THE PRESIDENT OF THE FOREST OAK NEIGHBORHOOD ASSOCIATION AND I JUST BECAME AWARE OF A, UH, A REQUEST TO ELIMINATE THE FENCING REQUIREMENTS FOR USES ADJOINING SINGLE FAMILY RESIDENCES, UH, REGARDING THE ALAMO ONE PROPERTY AND, UH, THE RESIDENTIAL NEIGHBORS AROUND THERE AROUND THEIR PROPERTY.
UH, SEVERAL OF THE PROPERTY OWNERS AFFECTED OUR INSIDE
[01:55:01]
OF OUR, UH, NEIGHBORHOOD ASSOCIATION BOUNDARY AND, UH, OUR BOARD HAS DISCUSSED IT AND WE ARE, UH, OPPOSED TO THIS REQUEST.UM, I AM GONNA, I'M NOT IN TOWN RIGHT NOW AND, UH, MY ACCESS TO TECHNOLOGY IS LIMITED, BUT I'M GONNA TRY TO SIGN, UH, THE, YOUR BOARD OF ADJUSTMENT FORM AND SEND IT IN BY FOUR O'CLOCK TODAY.
BUT, UH, IT COULD BE A LITTLE AFTER THAT.
UH, BUT I WANTED TO LET YOU KNOW.
SO, UH, MY PHONE NUMBER IS TWO ONE ZERO TWO ONE THREE SEVEN ZERO SEVEN ZERO TWO TEN TWO ONE THREE SEVENTY SEVENTY.
DO WE HAVE SARAH RICE? UM, I AM THE HOMEOWNER THAT ONE OF THE HOMEOWNERS THAT HE'S REFERENCING THAT HAS BEEN FIGHTING THIS, WE'VE BEEN TO ZONING COMMITTEE ALREADY.
UM, IN RESPONSE I HAVE WHAT I WAS GONNA SAY, BUT ALSO JUST AS A GARDENER, WHEN HE SAYS, UM, THAT THEY'RE GONNA PLANT THINGS, THAT THERE WILL BE VEGETATION, THEY LET HUGE, BEAUTIFUL LOW QUAT TREES THAT HAD PROVIDED A BARRIER DIE.
AND, UM, THEY'VE BEEN TELLING US THAT THE, THE WORK THAT IS ON OUR SIDE BEHIND, UM, OR ON THEIR SIDE OF THE ALLEY OVER A YEAR AGO TO ZONING COMMITTEE MEETING, THAT IT WAS DONE.
I CAN PROVIDE YOU VIDEO, I CAN PROVIDE YOU PICTURES SHOWING WE HAVE THE GUYS IN THEIR NEON YELLOW THINGS, THERE'S JACK HAMMERING.
BUT ALL THAT TO SAY, I DON'T TRUST THEIR WORD.
IF THEY WERE GONNA SAY THAT THEY'RE GONNA PLANT SOMETHING.
'CAUSE THEY ALSO TOLD US AT A ZONING COMMITTEE MEETING THAT THEY WOULD DO AN EIGHT FOOT SOLID PRIVACY FENCE AND HAVE BEEN TRYING TO GET IT OUT OF IT EVER SINCE.
UM, SO I AGREE WITH STAFF RECOMMENDATION.
OBVIOUSLY
OTHER NEIGHBORS WOULD BE HERE, UM, BUT CAN'T BE.
THEIR RESPONSES WERE EMAILED LAST WEEK.
IF YOU WANT SCREENSHOTS OF TEXT, TEXT COMMUNICATIONS FROM THEM SHARING THEIR GRATITUDE THAT MY HUSBAND AND I ARE HERE TO REPRESENT THEM IN PERSON TODAY ON THIS REQUEST.
IT'S THE LOUD AND CONSTANT CONSTRUCTION TAKING PLACE AT ALAMO.
ONE, THE COMMERCIAL PROPERTY LOCATED AT 28 76 NACODOCHES ROAD THAT IT'S MAKING.
THIS REQUEST REQUEST HAS BEEN GOING ON FOR OVER FIVE YEARS.
UM, AS I SAID EARLIER, ALAMO ONE HAD AGREED AT A PREVIOUS ZONING COMMITTEE MEETING THAT THEY WOULD DO A, A SOLID EIGHT FOOT FENCE.
THEN THEY PULLED THEIR ZONING APPLICATION 'CAUSE THEY DIDN'T WANNA DO THAT.
AND, UM, BUT THEY'RE STILL TRYING TO GET OUT OF EVEN JUST DOING, I, I BELIEVE IT'S A SIX FOOT SOLID FENCE THAT'S REQUIRED.
UM, NOT ONLY DO THEY HAVE CAMERAS ON THE PROPERTY, BUT ALSO HAVE PORTABLES OR TEMPORARY BUILDINGS THAT HAVE BEEN THERE FOR OVER FIVE YEARS, INCLUDING A PORTABLE THAT'S A CARETAKER'S FULL-TIME LIVING ABODE.
I, AND MANY OF MY NEIGHBORS ARE TIRED OF THIS AND WANT A SOLID EIGHT FOOT FENCE THAT PROVIDES A BARRIER AND SOME PRIVACY FROM THE CONSTRUCTION CHAOS NEXT DOOR.
THAT HAS BEEN GOING ON WAY TOO LONG.
AND TO PROVIDE PRIVACY IN OUR BACKYARDS, AS MANY OF US HAVE YOUNG KIDS, UM, FROM THE RECORDINGS OF MULTIPLE CAMERAS PROTECTING A COMMERCIAL PROPERTY, WE'RE TIRED OF THE LOUD NOISE FROM JACKHAMMERING AND ELECTRIC SAWS.
THEIR CONSTRUCTION OFTEN CAUSES OUR WINDOWS TO RATTLE.
AND WE LIVE IN THE AIRPORT ZONE AND WE ACTUALLY GOT THE WINDOWS THAT THE AIRPORT PAID FOR TO MINIMIZE THAT.
SO IT'S NOT LIKE WE HAVE OLD WINDOWS.
I'VE LIVED IN A HISTORIC HOME.
UM, AT LAST YEAR'S ZONING MEETING, THEY, I ALREADY MENTIONED, THEY SAID THAT THE, THE WORK THAT WAS ABUTTING OUR PROPERTY WAS DONE, BUT IT'S NOT.
I ENCOURAGE YOU TO WALK THE ALLEY.
WE CONSTANTLY SEE WORKERS AND TRACTORS FROM OUR BACKYARD.
PLEASE DENY RICK NUNEZ FROM ALAMO ONCE REQUEST TO WAIVE THE REQUIREMENT FOR A SOLID FENCE.
ALSO, I DO HAVE LETTERS AND THAT'S THE THREE MINUTES.
UH, LET'S SEE IF WE HAVE ANY QUESTIONS.
SO, UM, SO, SO IF IT WAS A EIGHT FOOT CHAIN LINK FENCE WITH THE SLATS THROUGH, WOULD THAT BE SATISFACTORY? SOLID PRIVACY.
AND SO SOLID PRIVACY IS, IS IS WHERE WE'RE GOING.
SO, UM, AND SO JUST, JUST FOR CLARIFICATION FROM THE CITY, SO, BUT IT DOES NEED TO BE HIGH ENOUGH TO PREVENT CAMERAS FROM GOING INTO NEIGHBOR'S BACKYARDS.
SO, UM, WITH REGARDS TO I, I GUESS TRYING TO UNDERSTAND HOW IT IS THAT, UH, HAVING THE, THE, UM, CHAIN LINK WITH THE MATERIALS THROUGH IT, WHY THAT WOULDN'T BE CONSIDERED SOLID.
SO HOW DOES THAT DIFFERENTIATE OR NOT BECOME A SOLID, YOU KNOW, IF, YOU KNOW, IF THEY DO COVER,
[02:00:01]
YOU KNOW, THAT, SO TRY TO TRY TO FIGURE OUT WHY THAT'S NOT, WHY IT ISN'T CONSIDERED A SOLID FENCE AT THAT POINT.SO BASICALLY WHAT IS NEEDED IS A HUNDRED PERCENT OPAQUE AND WITH THE SLATS IT LEAVES A LITTLE BIT OF OPENING AND IT DOESN'T MEET THAT 100%.
W WOULD YOU NOT HAVE THE SAME IF YOU HAD LIKE, PICKETS THAT WERE KIND OF NEXT TO EACH OTHER THAT WEREN'T COMPLETELY TOUCHING OR, YEAH, I THINK IT WOULD DEPEND ON, ON THE DESIGN OF THOSE PICKETS.
IF THEY WERE DIRECTLY ABUTTING EACH OTHER, THAT WOULD BE, YOU KNOW, SOLID IN THAT CASE.
UM, BUT IN THIS PARTICULAR CASE WITH THE ADDED SLATS, UM, THAT, THAT'S JUST NOT WHAT THE, THE PROPOSAL WAS.
AND ALSO JUST IN TERMS OF THE NOISE, WE LITERALLY HAVE JACK HAMMERING AND, AND LIKE METAL SAWING.
SO IT'S NOT JUST VISIBLE, BUT UH, IF YOU HAVE SLATS, THE NOISE IS STILL GONNA GET THROUGH.
S COULD YOU POINT OUT WHERE YOUR HOUSE IS ON THAT, ON THAT MAP? UH, THERE'S A, THERE'S A, THERE'S A LASER POINTER RIGHT THERE.
SO WE ARE NOT THE SORRY, DO I TURN IT CAREFUL? DON'T, OH, SORRY.
ONE, UH, ARE WE ALLOWED TO MOTION FOR THE OPAQUENESS TO BE 95% OR 90% THAT WOULD ALLOW FOR SLATS? UH, AND, AND MY SECOND QUESTION IS, UM, THAT THE, THE, THE SPEAKER WHO HAD, UH, SHOWED UP MENTIONED THE ZONING CASE AND THE ZONING COMMISSION, BUT THE STAFF RES REPORT SHOWS THAT, THAT THIS LAST ZONING CASE WAS IN 2016.
IS THERE ANOTHER ZONING CASE, THIS CASE YOU WEREN'T AWARE OF? YES.
SO THIS ITEM WAS ORIGINALLY, LIKE YOU SAID, REZONED IN 2016.
BUT, UM, THEY WANTED TO EXPAND ONE OF THE BUILDINGS AND WITH THAT IT NEEDS TO GO THROUGH THE ENTIRE PROCESS AGAIN WHEN YOU'RE EXPANDING ONE OF THE BUILDINGS FROM THE CONDITIONAL USE FOR THE PROFESSIONAL OFFICE.
AND SO THAT IS WHAT, UM, MS. RICE IS DISCUSSING, BUT THEY WITHDREW THAT ITEM.
SO, SO THERE IS NO CASE BEFORE THE ZONING COMMISSION AT THIS POINT? THAT IS CORRECT, CORRECT.
ANY OTHER QUESTIONS FOR, WE DO HAVE ONE MORE SPEAKER.
UM, CAN I PRESENT SOME PICTURES? COULD YOU, COULD YOU STATE YOUR NAME JUST FOR THE RECORD? YES.
AND I'M, UH, SARAH'S HUSBAND RESIDED 88 30 PINE RIDGE.
SO THIS, THIS PROJECT HAS BEEN GOING ON FOR FIVE YEARS.
THE CONSTRUCTION, UM, WE WITNESS IT EVERY DAY.
THIS WAS A PHOTO THIS MORNING.
UM, YOU CAN SEE WHAT WE LOOK OUT FROM OUR BACKYARD TO, TO VIEW.
I MEAN WORKERS JUST WALK AROUND THROUGH THERE.
CAN YOU GO TO THE NEXT ONE, PLEASE? THIS IS, UH, THREE MONTHS AGO.
I'M JUST KIND OF GIVING YOU A TIMELINE OF WHAT WE SAW THIS SUMMER.
YOU CAN SEE A BUNCH OF WORKERS IN THE BACK.
UM, THIS ONE, SO THIS IS ACTUALLY FROM OUR NEIGHBOR AND YOU CAN SEE THEY HAVE A HUGE DUMPSTER THAT THEY LOAD AND UNLOAD RIGHT THERE NEXT TO THE FENCE, KIND OF IN THE BACKGROUND.
THERE'S A HUGE STACK OF DRY BRUSH.
THEY CLEARED, THEY CUT DOWN A LOT OF THE OAK TREES THIS SUMMER.
I HAD TO CALL THE CITY ARBORISTS.
THEY SENT SOMEBODY OUT THERE BECAUSE THEY WERE DOING THE CUTS, UH, AT THE END OF JUNE BEFORE THE SEASON.
UM, THE OAK WILT AND, UM, YOU KNOW, THEY DIDN'T PRUNE THEIR WOUNDS TILL THREE OR FOUR DAYS LATER.
THEY'RE SUPPOSED TO BE DOING THEM WITHIN 20 MINUTES.
SLAT FENCING IS JUST NOT APPROPRIATE.
IT DOESN'T HELP WITH THE NOISE.
AND THE CHAIN LINK FENCE THEY HAVE ISN'T EVEN SIX FOOT TALL.
ONLY IF YOU COUNT THE BARBED WIRE FENCING.
AND HERE YOU CAN SEE ME HOLDING ONTO A DANGLING STRAND OF BARBED WIRE AND THEIR KIDS, UH, BIKE RIDERS THAT GO THROUGH THE ALLEY.
UM, YOU CAN SEE WHERE THE SIX FOOT IS.
SO EVEN IF YOU PUT IN SLATS IN THERE, IT'S NOT GONNA DO ANYTHING.
UM, AND THEN THE OTHER THING I NEED TO POINT, OH, HERE'S ANOTHER ONE.
YOU CAN SEE I DIDN'T MEASURE ALL THE FENCE, BUT YOU CAN SEE IT'S, IT'S LIKE FIVE AND A HALF FEET TALL.
THE OTHER THING, THERE ARE THREE OTHER OFFICES THAT BACK TO THE ALLEY.
ALL OF THEM HAVE SOLID OPAQUE FENCING.
THEY'RE AT 28, 24 NACODOCHES, 2018 NACODOCHES AND 2018
[02:05:01]
NACODOCHES.I DON'T SEE HOW YOU CAN ALLOW SOMEONE HERE TO SKIRT THAT AND HAVE ALL THE OTHER ONES HAVING SOLID OPAQUE FENCING.
AND THEN LASTLY, IN THE ORDINANCE, THE 2016 ORDINANCE THAT APPROVED THIS SITE, ONE OF THE CONDITIONS WERE NO CONSTRUCTION FEATURE SHALL BE PERMITTED, WHICH WOULD PLACE THE STRUCTURE OUT OF CHARACTER WITH SURROUNDING RESIDENTIAL NEIGHBORHOOD.
WE DON'T HAVE, YOU DON'T FIND FLAT FENCING.
THAT'S, AND UH, CAN I MAKE ONE MORE POINT? YEAH, ONE MORE.
THE, HE TALKED ABOUT ALL THE VEGETATION AND MOST OF THAT VEGETATION IS GROWING ON THE ALLEY SIDE, WHICH THEY'RE SUPPOSED TO BE KEEPING CLEARED.
AND THEY ACTUALLY HAD TO CLEAR IT THIS PAST FALL.
'CAUSE WE COMPLAINED BECAUSE THE DUMP TRUCKS WERE HITTING OUR DUMPSTERS 'CAUSE THEY'D HAVE TO VEER OVER.
SO IT'S EASY FOR THEM TO REPLACE THE FENCE.
THEY'RE FULL SERVICE CONSTRUCTION, REMEDIATION, AND DEMOLITION COMPANY.
UM, IVANEZ, UM, SO I'M A LITTLE CONFUSED.
'CAUSE YOU, ME, YOU MENTIONED AN ALLEY.
SO IN YOUR PHOTOGRAPH, THAT FENCE, IS THAT ON YOUR PROPERTY LINE OR? SO THOSE FROM THE ALLEY, THE FENCE IS ON THEIR PROPERTY.
SO YOUR BACKYARD HAS, UH, A FENCE OR NO, WE, WE HAVE A CHAIN LINK FENCE.
SO, UM, THE DISTANCE, YOU'RE, YOU'RE QUESTIONING SAFETY AND YOU'RE QUESTIONING AESTHETICS AND NOISE.
UM, SO IF THEY PUT A PRIVACY FENCE ON THEIR PROPERTY LINE, UH, DO YOU FEEL THAT IT WILL HIT BOTH THOSE THREE THINGS THAT YOU'RE CONCERNED ABOUT? UH, IF IT'S SOLID MM-HMM
UH, THE OTHER THING IS THEY, THEY DON'T HAVE ANY LANDSCAPE BUFFER.
THEY'RE SUPPOSED TO HAVE A 15 FOOT TYPE C LANDSCAPE BUFFER.
UH, AS YOU CAN SEE IN THOSE PICTURES, THERE'S NO LANDSCAPING.
EVERYTHING'S DEAD IN THE BACK.
ANY OTHER QUESTIONS FOR MR. RICE? ALRIGHT, DOES THAT CLOSE OUT THE VOICE OF THE NO FURTHER PUBLIC COMMENT.
I'D ASK FOR THE APPLICANT IF YOU COULD COME BACK UP AND, AND IF YOU HAVE ANY CLOSING REBUTTAL MARKS REBUTTALS, YOU'VE HEARD, UH, THE TWO SPEAKERS COMMENTS AND I DO THANK YOU, UM, IN YOUR RECORDS, UH, OF THE PREVIOUS ZONING MEETING, WHICH WE DECIDED NOT TO GO FOR THE TWO STORY BUILDING, WE NEVER COMMITTED TO A EIGHT FOOT SOLID FENCE.
UH, THE MAN, THE DEMANDS BY THE, UH, PEOPLE REBUTTING UP HERE, UM, WERE REALLY NOT FEASIBLE.
UH, EIGHT FOOT FENCE WASN'T ONE OF 'EM.
UH, THE OTHER THING IS WE DON'T HAVE CAMERAS, UH, POINTING OUTSIDE OF, WE HAVE ONE CAMERA ON THE PROPERTY AND IT'S RIGHT IN THE MIDDLE OF THE BUILDING THAT DOESN'T EVEN POINT TO NACODOCHES STREET, BUT 'CAUSE NACODOCHES STREET IS PROBABLY CLOSE TO A HUNDRED YARDS AWAY, BUT MAYBE 20 YARDS OUT FROM WHERE THAT CAMERA IS ON THE BUILDING.
UH, YEAH, THERE'S NO LANDSCAPING YET.
'CAUSE WE'RE NOT DONE WITH CONSTRUCTION.
THAT WILL BE THE LAST THING TO GET DONE.
AND, UH, THE, THE THING ON THE PRUNING, UH, WHEN CITY WAS CALLED OVER, THEY SENT AN INSPECTOR AND THEY SAW THAT WE WERE DOING THINGS PROPERLY.
UH, AND THEN THE AUTUMN WHERE VEGETATION IS OVERGROWN ON OUR SIDE INTO THE ALLEYWAY, THAT'S THROUGHOUT THE ENTIRE ALLEY AND EVERYONE HAS TO MAINTAIN THAT AND NOISE.
YES, WE ARE COMPLYING WITH THE SAN ANTONIO, UM, ORDINANCE OF ONLY DOING CONSTRUCTION WITHIN CERTAIN HOURS.
AND, UH, YOU KNOW, THERE'S ONE THING WHERE WE DID HAVE TO ROCK HAMMER TO TAKE IN FIRE WATER TO MEET CODE TO THE BACK OF THE PROPERTY.
SO YEAH, THERE HAS BEEN SOME NOISE.
DON'T REALLY HAVE ANYTHING ELSE.
UH, ANY QUESTIONS FOR, UH, YES, I HAVE A QUESTION FOR CITY STAFF.
UM, SO BY CODE, THIS PROPERTY SHOULD HAVE
ANY PARCEL, ANY, UH, BIT OF THE PROPERTY LINE THAT IS ADJACENT TO SINGLE FAMILY RESIDENTIAL USE? OKAY, SO THAT'S CODE.
UM, AND JUST CLARIFICATION ON USING
[02:10:01]
SLATS INSIDE ON A CHAIN LICK FENCE, IS THAT CONSIDERED O AN OPAQUE FENCE? IT IS NOT.ONE OTHER THING, I, I'M NOT AWARE OF THE FENCE NOT BEING THE SIX FEET AND HEIGHT, SO THAT'S NEWS TO ME.
SO AND SO, JUST FOR, I GUESS ADDITIONAL CLARIFICATION, SO, UH, WITH THIS ZONING TYPE ABUTTING OR, OR ADJACENT TO, UH, RESIDENTIAL PROPERTIES, IS THERE A REQUIRED, UM, LANDSCAPE, UH, BUFFER, UH, FOR THIS PROPERTY, THE LANDSCAPING BUFFER IS USUALLY ALONG WITH THE ZONING.
UH, SO BECAUSE THE BASE ZONING IS MF 25, THAT WOULD HAVE TO BE WHAT MF 25 NEXT TO OUR, TO THE, UM, A BUDDING SINGLE FAMILY.
IT'S NOT ADJACENT, WHEREAS THE FENCE IS ADJACENT, MEANING LIKE EVEN ALLEYWAYS, BUT BUFFERS ARE FOR ABUTTING PROPERTIES AND I BELIEVE, UM, THERE'S NO REQUIRED BUFFER FOR AN MF 33 PROPERTY TO RESIDENTIAL.
THAT'S, I JUST WANTED TO CLARIFY.
SO THAT'S WHAT I THOUGHT, SO, OKAY.
ANY OTHER QUESTIONS? JUST CLARIFICATION AGAIN.
UH, SO AN OPAQUE FENCE AT THE REAR OF A PROPERTY CAN BY, BY RIGHT.
IF THEY ARE A, UM, NON-RESIDENTIAL USE ABUTTING A SINGLE FAMILY RESIDENTIAL USE OR SOMETHING OF A NON-RESIDENTIAL NATURE, ABUTTING SOMETHING OF A RESIDENTIAL NATURE AS THIS CASE, SIX FOOT IS THE MANDATORY.
ANY OTHER QUESTIONS? ALRIGHT, THANK YOU SIR.
THAT CLOSES THE PUBLIC PORTION.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION, MADAM MR. MANNA REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 2 2 9 AND MOVED TO THE BOARD ADJUSTMENT GRANT REQUEST FOR AN ELIMINATION OF A SOLID OPAQUE FENCING REQUIREMENT FOR USES ADJOINING SINGLE FAMILY, UH, RESIDENTIAL USES, SITUATED AT 2 8 7 6 NACODOCHES ROAD.
APPLICANT BEING RICK NUNEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF PROPERTY SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS PROPOSED FENCE WOULD CONSTITUTE AN IN AN IMPROVEMENT OVER THE EXISTING FENCE IN THE LEVEL OF PRIVACY AND PROTECTION FORWARDS TO NEIGHBORING PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD REQUIRE A WRECK AND REBUILD OF THE EXISTING FENCE.
SUCH ENDEAVOR WOULD REQUIRE THE REMOVAL EXISTING MATURE FOLIAGE GROWTH ALONG THE EXISTING FENCE.
REMOVAL OF THIS NATURAL BARRIER WOULD RESULT IN UNNECESSARY HARDSHIP TO THE PROPERTY OWNER.
THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED.
THE SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING VARIANCE WOULD OBSERVE THE SPARE OF THE ORDINANCE AS THE PROPOSED FENCE WOULD STILL MEET THE DEFINITION OF A PRIVACY FENCE WITH LESS THAN 70% OF ITS SURFACE AREA AS OPEN VOIDS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF 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 TO THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
THE VARIANCE WOULD NOT AUTHOR, WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY AS A NEIGHBORING RESIDENCES WOULD BENEFIT FROM INCREASED PRIVACY AND PROTECTION OF THE NON-RESIDENTIAL USE.
THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE SAW IS DUE TO, UH, UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND 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 AND DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE PLIGHT TO THE OWNER OF PROPERTY IS DUE TO THE UNIQUE CIRCUMSTANCES OF MATURE VEGETATION HAVING GROWN TO BECOME ENTWINED, INTERTWINED WITH THE EXISTING CHAIN LINK FENCE.
THIS IS NOT A CIRCUMSTANCE CREATED BY THE OWNER OR THE RESULT OF GENERAL CONDITIONS EXISTING WITHIN THE DISTRICT.
DO WE SECOND MR. BONILLA? MR. MAD? SO, UM, I WILL NOT BE ABLE TO SUPPORT THIS, UM, UH, REQUEST FOR A COUPLE REASONS.
YOU KNOW, UH, GOOD FENCES MAKE GOOD NEIGHBORS AND SO BEING AT THE, UH, YOU KNOW, CITY CODE, UM, YOU KNOW, DOES STATE, UH, YOU KNOW, IT'S LOOKING FOR THAT SOLID, THAT SIX FOOT SOLID, UH, SOLID FENCING, UM, YOU KNOW, DOES HELP PROVIDE THAT.
UM, YOU KNOW, THAT I GUESS THAT GOOD NEIGHBOR PART OF IT.
AND THEN ALSO, YOU KNOW, WITH SO MANY PEOPLE IN OPPOSITION, INCLUDING THE NEIGHBORHOOD ASSOCIATION, I FIND MYSELF VERY SELDOM GOING AGAINST THE COMMUNITY.
AND SO I WILL BE NOT SUPPORTING THIS.
UH, COMMISSIONER MAN MANNA LISTED.
I WILL ALSO BE IN, UM, I WON'T BE IN APPROVAL FOR THIS.
AND, UH, I I'M GONNA SIDE WITH THE CITY ON THIS ONE.
ANY OTHER COMMENTS? HEARING NONE.
[02:15:01]
COMMISSIONER MANNA.I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BOEZ? I DO NOT CONCUR.
COMMISSIONER ORIAN? COMMISSIONER REED? I DO NOT CONCUR.
COMMISSIONER IBANEZ? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER BENES? I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
UM, PLEASE GET WITH STAFF AND THEY CAN, UH, GO OVER SOME OPTIONS.
YOU HAVE, UH, THE, THE VARIANCE DOES NOT PASS.
UH, THE TIME IS, UH, THREE 20.
DO WE NEED TO TAKE A FIVE MINUTE BREAK OR SOMETHING OR ARE WE GOOD TO KEEP ON PUSHING ON? OKAY, LET'S TAKE A FIVE MINUTE BREAK.
UH, WE'LL BE BACK AT, UH, 3 25 11.
ALRIGHT, THE TIME IS, UH, 3 25.
UH, BOARD OF ADJUSTMENTS IS IS BACK IN SESSION.
LET'S, UH, HIT THE LAST TWO CASES, UH, STAFF, UH, CASE NUMBER EIGHT.
SO THE APPLICANT FOR CASE NUMBER EIGHT IS CURRENTLY NOT HERE.
UH, THEY SAID THEY'RE ON THE WAY, BUT IF WE CAN MOVE ON TO ITEM NINE, IF THAT'S AGREEABLE.
SO WE'RE HERE EARLIER OR THEY'RE JUST NOT HERE? HERE, THEY'RE JUST NOT HERE YET, BUT AS FAR AS I KNOW THEY'RE COMING.
AND THEN WE'LL GO BACK TO EIGHT IF THEY SHOW UP.
UH, AND IF WE COULD GET MR. UNA BACK ON SCREEN PLEASE.
CAN YOU HEAR US? UH, MR. ORIAN
ORIAN, CAN YOU HEAR US OKAY? THE APPLICANT FOR ITEM NUMBER EIGHT JUST ARRIVED.
SO WE CAN GO AHEAD AND KEEP THE ORDER IN THIS CASE AND GO TO ITEM EIGHT IF THAT'S, YEAH.
UM, I GUESS WE'LL GET STARTED ONCE.
COMMISSIONER ORIAN REJOINS, IF YOU JUST GIVE US A SECOND HERE TO MESSAGE HIM.
ALRIGHT, I, I SEE, I SEE MR. ORIAN ON THE SCREEN, SO, OKAY.
CAN Y'ALL HEAR ME? WE CAN, YEAH.
ITEM NUMBER EIGHT IS BO OA DASH 25 DASH 1 0 3 0 0 2 3 0 AT 5 7 0 3 MCDONOUGH STREET.
AND CONS, DISTRICT FIVE, THE APPLICANT IS RAUL GARCIA AND HE'S REQUESTING A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW DEVELOPMENT WITH A 10 FOOT REAR SETBACK.
THE ZONE IS R FOUR WITH A CONDITIONAL USE FOR FOUR DWELLING UNITS.
THE SUBJECT PROPERTY IS LOCATED JUST WEST OF THE SOUTH INTERSTATE, HIGHWAY 35 ACCESS ROAD AT THE DEAD END OF MCDONOUGH STREET.
THE PROPERTY IS CURRENTLY VACANT LAND WITH A PROPOSED DEVELOPMENT OF TWO DUPLEXES.
THE INCREASED DENSITY WAS PERMITTED AS A CONDITIONAL USE IN 2024.
THE ORIGINAL SITE PLAN SUBMITTED AS PART OF THE REASON AND APPLICATION INDICATED A, A COMPLIANT 20 FOOT REAR SETBACK AND 10 FOOT FRONT SETBACK.
A MINOR SITE PLAN AMENDMENT WAS APPROVED BY DEVELOPMENT SERVICES.
HOWEVER, THE UPDATED SITE PLAN FOR THE PROPOSED CONSTRUCTION SHOWS THE STRUCTURES REPOSITIONED WITH A 20 FOOT FRONT SETBACK AND A NON-COMPLIANT 10 FOOT REAR SETBACK.
TO LOCATE THE TWO PARKING SPACE REQUIREMENT PER DUPLEX IN THE FRONT YARD, A VARIANCE IS THEREFORE REQUIRED TO ALLOW THE DEVELOPMENT WITH A 10 FOOT REAR SETBACK.
AND THIS IS THE SITE PLAN WITH THE MINOR SITE PLAN AMENDMENT WHERE YOU CAN SEE THE REVERSE OF THE REAR AND THE FRONT, UM, NUMBERS 20 IN THE FRONT AND 10 IN THE REAR.
AND THIS IS THE CURRENT VIEW, VACANT EMPTY LOT AND THE SURROUNDING AREA STAFF'S.
RECOMMENDATION IS DENIAL IN BOA DASH 25 DASH 0 3 2 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, SINCE THE PROPERTY IS CURRENTLY VACANT, THE PROPOSED DEVELOPMENT CAN BE RE REDESIGNED WITH REASONABLY SIZED UNITS TO MEET SETBACK AND PARKING REQUIREMENTS.
TWO, INSUFFICIENT SPACE WOULD REMAIN IN THE REAR YARD TO MITIGATE WATER RUNOFF, FIRE HIGHS, FIRE HAZARDS, AND PROVIDE ACCESS NEEDED FOR STRUCTURAL MAINTENANCE.
38 NOTICES WERE MAILS, ZERO WERE
[02:20:01]
RECEIVED IN FAVOR AND ZERO IN OPPOSITION.AND DETERIOR NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
PRIOR TO THE START OF THE MEETING, WE DID HAVE ONE NEIGHBOR IN ATTENDANCE, AND THAT IS FOR 5 7 1 4 MCDONOUGH.
HE WAS UNABLE TO REMAIN FOR THE MEETING AND HE HAS CHECKED OFF IN FAVOR ON HIS NOTICE.
AND THIS ARE, THIS IS THE COMMENTS PROVIDED BY THE TIERRA LINDEN NEIGHBORHOOD ASSOCIATION.
THERE WERE SIX POINTS THAT THEY WERE, UM, POINTING OUT REGARDING THE VARIANCE.
AND THIS CONCLUDES TASK PRESENTATION.
ANNA ASK YOU ANY QUESTIONS FOR STAFF MANA, MR. MANA.
SO, UM, WHEN IT WAS THAT IT CAME UP FOR THE, THE, I GUESS THE PLATTING RETTING, THE ZONING DIALOGUE, UM, DID WE HAVE A POSITION FROM THE COMMUNITY AT THAT POINT? UM, YOU KNOW, DID, UM, AND DID THAT CHANGE NOW WITH THE, WITH THE CURRENT, I'M NOT TOO CERTAIN WHAT THE COMMUNITY'S, UM, RESPONSE AT THE TIME OF THE REZONING.
I'M NOT FAMILIAR WITH THAT BACKGROUND, BUT THE APPLICANT, UM, COULD SPEAK TO THAT AS WELL AS KELLY.
YEAH, SO IF YOU LOOK AT THE APPROVED CONDITIONAL USE SITE PLAN, THAT SHOWED THE HOUSES BEING 10 FEET AWAY FROM THE FRONT PROPERTY LINE, UH, WHICH WAS THE MINIMUM FOR AN R FOUR ZONING DISTRICT, AND THEY PROPOSED 20 FOOT IN THE REAR, BUT THAT DESIGN ONLY ALLOWED FOR TWO PARKING SPACES AND THERE WAS NO A VARIANCE APPARENTLY FOR STREET PARKING TO USE BECAUSE THEY NEED AT LEAST FOUR PARKING SPACES.
THIS DESIGN SHIFTS THE HOUSE BACK 10 FEET SO THEY CAN HAVE HEAD END PARKING AT MCDONOUGH'S STREET AND AT THE EXPENSE OF HAVING 10 FEET AT THE REAR.
SO A QUESTION FOR STAFF IS WHAT'S MORE IMPORTANT? 10 FEET IN THE REAR AND HAVING ADEQUATE PARKING ON SITE OR HAVING 20 FEET IN THE REAR AND HAVING SOME OFF STREET PARKING SPACES.
SO BASICALLY STAFF IS UNDER THE IMPRESSION THAT IT COULD BE DONE MEETING THE SETBACKS AND MEETING THE, UH, PARKING.
HENCE WHY WE WERE RECOMMENDING DENIAL ON THAT.
IF YOU PULL UP THE ZONING, UH, SITE PLAN, IT'S THE EXACT SAME THING WE'RE LOOKING AT EXCEPT THEY FLIPPED IT.
SO I'M JUST, THAT'S WHAT THE PUBLIC WAS VOTING ON.
THAT'S WHAT CITY COUNCIL APPROVED.
SO, SO THAT'S, I'M JUST TRYING TO FIGURE OUT WHERE THE DISCONNECT IS.
UM, ANY OTHER QUESTIONS? I'LL EMAIL IT TO YOU IF YOU WANT.
MR, HAS THERE BEEN ANY NEW CALCULATIONS IN IMPERVIOUS COVER? I KNOW YOU'RE SHOWING CRUSHED, UH, GRANITE OR LIMESTONE IN THE FRONT, WHICH, UM, I GUESS THAT CAN BE CONSIDERED PERVIOUS, ALTHOUGH IT'S GONNA RUN OUT INTO THE STREET.
DURING PRELIMS OF THE APPLICANT, HE DID MENTION THAT HE WOULD BE ABLE TO MEET THE IMPERVIOUS COVER.
HE WOULD NOT EXCEED 50% ON BOTH LOTS.
ANY OTHER QUESTIONS FOR STAFF? I HERE NONE WOULD ASK THE APPLICANT TO PLEASE COME FORWARD.
LET'S NO HEAR YOUR PRESENTATION.
FIRST AND FOREMOST, I'D LIKE TO APOLOGIZE FOR MY LACK OF FORMAL WEAR.
I WAS ONLY MADE AWARE OF THE, OF AN OPPOSITION ABOUT 10 MINUTES AGO WHEN I WAS PICKING MY SON UP FROM SCHOOL.
WITH THAT BEING SAID, I'M HERE TO ANSWER ANY AND ALL QUESTIONS RELATING TO THIS REQUEST.
THE REASON WHY I'M ASKING FOR THE, UH, SETBACK TO BE REDUCED IN THE REAR IS BECAUSE ALONG THE LINES OF PERMITTING, UH, FOR THIS PROJECT, THE CITY CAME UP AND ASKED US TO MAKE TWO PARKING SPACES, ONE FOR EACH UNIT.
SO, UM, IT'LL BE A TOTAL OF FOUR PARKING SPACES NECESSARY FOR THIS.
UH, I DID COME BEFORE THE BOARD AND ASK FOR A REZONING WITH THE CONDITIONAL USE.
HOWEVER, AT THAT MOMENT I WAS NOT FAR ALONG IN THE PERMITTING.
AND THE CITY OF SAN ANTONIO SAYS THAT THIS PARKING SPACE IS MANDATORY.
SO THERE'S KIND OF NO WORK AROUND AROUND THAT.
THAT'S WHY I'M ASKING FOR YOU GUYS TO REDUCE THE REAR BACK SETBACK BY 10 FEET.
IF ANYONE HAS ANY QUESTIONS, I'M HERE.
ANY QUESTIONS FOR THE APPLICANT HERE, CRUZ, MS. CRUZ.
SO IF YOU REDUCE THE 10 FOOT, WILL THAT STILL GIVE YOU ENOUGH SPACE IN THE REAR SINCE YOU HAVE A, A NEIGHBOR IN THE BACK? UH, YES.
I WILL BE 10 FEET AWAY AND THE REAR OF THE BUILDING WILL HAVE ITS PROPER FIREWALL RATED.
UM, IT'LL BE A SMALLER REAR YARD.
UH, BUT AGAIN, IT JUST OPENS UP THE POSSIBILITY TO DO THE FRONT PARKING SPACES, WHICH IS A REQUIREMENT.
[02:25:01]
IT STILL BE ENOUGH FOR BOTH, UM, DUPLEXES, SINCE YOU'RE HAVING TWO DUPLEXES, WILL THE BACKYARD STILL BE ENOUGH FOR BOTH? BOTH.I'M ASSUMING IT'LL BE A FAMILY IN EACH ONE.
YES, THE PA THE BACKYARD WILL BE ADEQUATE.
ANY OTHER QUESTIONS FOR THE APPLICANT? MANNA, MR. SO, SO I GOT CONFUSED HERE QUICKLY FROM THE CITY'S RESPONSE AND YOUR RESPONSE.
SO, SO WHAT WAS SUBMITTED TO ZONING, UM, WAS, OR WHAT I'M ASSUMING OR WHAT I HEARD WAS, WAS SUBMITTED TO ZONING.
WAS THE 20 FOOT REAR WITH THE 10 FOOT FRONT? CORRECT.
AND WHAT I HEARD FROM THE CITY WAS THE PLAN WAS THAT THAT WOULD BE ENOUGH TO ACCOMMODATE, UH, THE PARKING IN THE FRONT.
IS THAT CORRECT? CITY? SO THE, THE REQUIRED PARKING WAS GONNA BE ACCOMMODATED BY, BY THE, I MEAN THERE'S OTHER WAYS TO DESIGN THESE STRUCTURES THAT YOU COULD HAVE THE PARKING.
THAT'S WHAT WE WERE JUST SO, OKAY, SO, SO WHAT WAS SUBMITTED AND PROVED BY THE CITY AND OTHERS, YOU KNOW, HAS CHANGED NOW? RIGHT, SO IS IS WHAT I'M HEARING, SO CORRECT.
THEY, THEY DID SUBMIT A MINOR SITE PLAN AMENDMENT, WHICH IS PERMITTED TO BE DONE ADMINISTRATIVELY, WHICH WAS COMPLETED TO PUSH THE UNITS BACK.
BUT AGAIN, BECAUSE IT IS AN R FOUR BASED ZONING AND IT'S, UM, HE'S REQUESTING THAT VARIANCE NOW TO BE 10 FEET FROM THE REAR AND NOT THE, UM, REQUIRED 20.
AND I'D LIKE TO ADD THAT, UM, WHENEVER I WAS PRESENTED WITH THIS ISSUE, THEY PRETTY MUCH GAVE ME TWO DIFFERENT SCENARIOS THAT THIS COULD MOVE FORWARD.
ONE IS ASKING FOR A PARKING VARIANCE.
SO I'LL STAND BEFORE THE BOARD AND ASK FOR A PARKING VARIANCE, UM, AND SEE IF THAT MOTION GOES THROUGH, OR JUST A COMPLETE REDRAW OF THE ENTIRE PLANS BEING AS LATE AS I AM IN THE PERMITTING PROCESS.
I'M ACTUALLY AT THE LAST STEP, UM, I'LL START BUILDING AS SOON AS IF THIS IS APPROVED.
UH, I AM TOO LATE IN THE STAGE TO REDO MY DRAWINGS, UH, HAVE MY ENGINEERING ARCHITECT, UH, JUST FOR MY, I WOULD SAY, UH, TIME PLAN THAT I HAD IN LINE.
SO, SO THIS, UM, SO THE NEIGHBORHOOD, UM, UH, TIARA LINDA, UM, KIND OF GAVE A LOT OF, UM, COMMENTS WITH REGARDS TO, UH, YOU KNOW, THEIR CONCERNS.
AND SO HAD YOU WORKED WITH THEM AT ALL OR TALKED WITH THEM AT ALL WITH REGARDS TO THIS? UM, SO AGAIN, I REACHED OUT TO THEM PERSONALLY WHENEVER I REDID THE ZONING, WHICH IS THE R FOUR WITH CD CONDITION OF USE FOR THE FOUR DUPLEXES.
UH, AT THAT POINT I DID SPEAK TO THE REPRESENTATIVE AND THERE WASN'T MUCH, UM, KICKBACK WHEN I DID THAT.
AT THIS POINT I DECIDED NOT TO MOVE FORWARD WITH IT, UH, ONE BECAUSE I THOUGHT IT WOULD BE LESS OF A CHANGE THAN THE REZONING THAT I DID PREVIOUSLY.
AND NUMBER TWO, BECAUSE THIS IS ALMOST NECESSARY FOR THOSE, UH, PREVIOUS PLANS THAT GOT APPROVED BY REZONING TO PROCEED.
SO I DID NOT REACH OUT TO THE, UH, NEIGHBORHOOD ASSOCIATION.
UH, AND THIS, I JUST BECAME AWARE OF AN OPPOSITION A COUPLE MINUTES AGO.
SO I GOT, I'M A LITTLE DISCONNECTED THERE WITH REGARDS TO, UM, TRYING TO FOLLOW LOGIC OR, OR UNDERSTAND.
SO, SO WHAT WAS, WHAT WAS PLANNED AND APPROVED, UM, YOU KNOW, SAY THROUGH THE ZONING DIALOGUE LOOKS DIFFERENT THAN TODAY.
AND SO SOMEHOW IT CHANGED AND THEN NOW IT APPEARS THAT, THAT THIS NEIGHBOR, THIS COMMUNITY IS, IS, IS, IS IN OPPOSITION.
SO WERE, SO THEY, WERE THEY IN OPPOSITION BEFORE OR, SO MY, MY THOUGHT PATTERN WAS THAT, UM, INITIALLY THERE WERE SINGLE RESIDENT LOTS AND WHEN I DID THE CHANGE TO A DUPLEX CONDITIONAL USE DUPLEX THAT MORE SO CHANGED THE FA THE THE VIEW OR THE, THE WAY THE BUILDINGS ARE IN THAT STREET AND NEIGHBORHOOD.
SO WHEN I MADE THAT LARGE LEAP, I DID REACH OUT TO THE ASSOCIATION.
I THOUGHT, YOU KNOW, 10 FEET IN THE BACK, 20 FEET IN THE FRONT.
THAT REVERSE WAS SUCH A MINOR CHANGE THAT I DID NOT REACH OUT TO THEM AT THIS POINT.
THAT IT, MR. MANNA, YOU DONE? OKAY.
ANY OTHER QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ? UM, I JUST THOUGHT OF SOMETHING, SO IF YOU LEAVE IT THE WAY THEY'RE STATING OF ONLY ONE PARKING SPACE FOR EACH DUPLEX, UM, IS THERE PARKING RIGHT IN FRONT THAT IT WOULD STILL BE IN THE STREET? THAT WOULD THERE STILL BE, UH, GOOD PARK, UH, STREET PARKING? 'CAUSE I KNOW THAT STREET IS VERY SMALL AND VERY NARROW.
UH, SO I DON'T BELIEVE TO BE, I DON'T, I DON'T BELIEVE SO, BUT THEN ALSO I WOULD HAVE TO GO IN FRONT OF THE BOARD AGAIN AND ASK FOR A PARKING VARIANCE.
I DO KNOW THAT A NEW BUILDING WAS JUST, UH, ERECTED IN FRONT.
IT, IT'S GONNA BE A COUPLE SMALL SHOPS.
UM, SO IT MIGHT BE A FIGHT FOR STREET PARKING AS FAR AS THAT GOES WELL.
[02:30:01]
EACH HAS HIS OWN PARKING AREA.SO I'M JUST WONDERING ABOUT HOW MUCH, LIKE I SAID, I, I KNOW THAT USED TO BE A DEAD END STREET.
THEY OPENED IT UP, SO NOW THERE IS A LITTLE BIT MORE PARKING, BUT NOT THAT MUCH.
AND I DO KNOW THAT THE HOUSES ARE PRETTY CLOSE TO EACH OTHER IN THAT AREA, SO I'M JUST TRYING TO MAKE SURE THAT WHAT THE, UH, NEIGHBORHOOD ASSOCIATION IS FIGHTING AGAINST.
UH, IS THAT IT FOR THE QUESTION THERE? ALRIGHT.
I DO JUST WANNA STATE, I LOOKED UP THE INFORMATION WHEN THIS WAS REZONED BACK IN EARLY 2024 AND WE DID NOT RECEIVE A RESPONSE FROM, UM, THE NEIGHBORHOOD ASSOCIATION FOR THE REZONING, BUT JUST FOR CLARIFICATION AGAIN, SO THAT, SO SO AS IT WAS SUBMITTED, IT, IT CHANGED SINCE IT WAS SUBMITTED WITH THE ZONING WITH REGARDS TO WHAT WAS PLANNED TO BE THERE.
LIKE WHAT WE'VE GOT HERE IS WHAT WAS THE ORIGINAL PLAN WITH, YOU CAN SEE THE BUILDINGS ARE CLOSER TO THE FRONT HERE AND THEN THE NEXT DOCUMENT IS BASICALLY WHAT THEY'RE PROPOSING.
THEY JUST, AGAIN, MOVED THE TWO BUILDINGS TO THEIR CLOSER TO THE REAR SO THEY COULD HAVE, UH, FOUR PARKING SPOTS IN THE FRONT.
ANY OTHER QUESTIONS FOR STAFF? OKAY, HERE, UM, LET'S HEARING NONE, UH, DO WE HAVE ANY VOICEMAILS OR PUBLIC COMMENT TO BE READ IN? NO PUBLIC COMMENT? NO PUBLIC COMMENT.
WELL THAT WOULD CLOSE THE PUBLIC PORTION OF THE MEETING AND I'D ASK A MEMBER OF THE BOARD IF THEY WOULD LIKE TO PLEASE MAKE A MOTION.
CRUZ, MS. CRUZ, REGARDING CASE NUMBER BO 8 25 103 0 0 2 3 OH.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A 10 FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SET BACK TO ALLOW DEVELOPMENT WAS A 10 FOOT REAR SETBACK SITUATED AT 57 0 3 MCDONOUGH STREET, APPLICANT BEING RAMON GARCIA.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL, A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REAR YARD OF THE LOT PROVIDES ADEQUATE SEPARATION FROM THE NEIGHBORING PROPERTY THAT WILL REMAIN FOR FIRE PREVENTION, WATER, WATER RUNOFF, CONCERNS AND MAINTENANCE OF THE STRUCTURE.
TWO, DUE TO SPECIAL CONDITIONS THAT A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HAR HARDSHIP, A LITTLE, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS A PROPERTY OWNER WOULD HAVE TO REDESIGN THE DEVELOPMENT OF REDUCING THE ALREADY REASONABLY SIZED UNITS TO COMPLY WITH THE SETBACKS AND PARKING REQUIREMENTS.
THREE, BY GRANTING THE VARIANCE, THE THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUFFICIENT SPACE WILL REMAIN IN THE REAR YARD FOR THE PURPOSE OF WATER RUNOFF, FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A, OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE SONY DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED IN THIS VARIANCE.
FIVE SUB VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTY AT THE REAR AS THEY WOULD NOT CONTRIBUTE TO POTENTIAL WATER RUNOFF CONCERNS AND FIRE SAFETY HAZARDS.
SUFFICIENT SPACE WOULD ALSO REMAIN FOR MAINTENANCE OF THE STRUCTURE.
SIX SUPPLI OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT, WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY, MERELY FINANCIAL AND ARE DUE TO OR RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AS THE PROPERTY IS NARROW, HAVING A REDUCED REAR SETBACK WOULD ALLOW THE MOST REASONABLE USE OF THE PROPOSED DEVELOPMENT.
THE STRUCTURES WOULD ABIDE BY THE SITE AND FRONT SETBACKS AND SUPPORT THE MINIMUM PARKING REQUIREMENTS OF TWO SPACES FOR DUPLEX.
I UNDERSTAND WHAT THE PROPERTY OWNER IS GOING THROUGH AND UNFORTUNATELY THOUGH I CAN'T SUPPORT IT BECAUSE THE NEIGHBORHOOD
[02:35:01]
ASSOCIATION DID STATE QUITE A FEW FACTS OF WHY THEY'RE AGAINST IT.AND I JUST DON'T SEE THE PROBLEM OF LEAVE OF, UH, CHANGING THE VARIANCE JUST FOR THAT.
UM, I CONCUR WITH MY COLLEAGUE.
I THINK THAT, UM, WE'RE EARLY ENOUGH IN THIS WORKFLOW TO, YOU KNOW, MAKE SOME CHANGES AND, YOU KNOW, I THINK THE CITY BROUGHT AT THE POINT WITH REGARDS TO THE, YOU KNOW, UM, HAVING THE SETBACK OR THE, THE 10 FOOT IN THE FRONT, THERE'S STILL WAYS TO, UM, ENABLE THE, THE REQUIRED PARKING, UM, YOU KNOW, THAT, THAT THIS PROPERTY MAY NEED.
UM, AND I THINK THERE'S A COUPLE OF POINTS THAT WERE BROUGHT UP BY THE COMMUNITY, INCLUDING THE ACCESS TO LIGHT AND WHAT HAVE YOU.
AND SO AS YOU START TO HAVE, UM, YOU KNOW, VERY TALL STRUCTURES, YOU KNOW, THAT CLOSE TO YOUR PROPERTY, YOU KNOW, CERTAINLY THAT IS AN IMPACT.
AND SO I WILL, UH, NOT BE SUPPORTING THIS MOTION.
ANY OTHER BOARD MEMBERS? MS. IVANNI? UM, I CONCUR WITH THE FINDINGS AND FACTS.
UM, I THINK THAT, UM, THE CITY'S REQUIREMENT OF PARKING FOR THE DUPLEXES, UH, FOR AN R FOUR, UM, REQUESTED, UH, BY THEM FOR THIS BUILDER TO, TO CONTINUE.
UH, I ALSO THINK THAT THE, THE HEIGHT OF THE BUILDINGS, WHICH IS NOT PART OF THIS CASE, UH, I MEAN IT IS, BUT IT ISN'T 'CAUSE WE'RE LOOKING AT JUST THE SETBACKS.
I WAS LOOKING AT A STREET VIEW, UH, ON GOOGLE MAPS, UM, THAT MR. DEAN, COMMISSIONER DEAN BROUGHT UP, AND IT'S A LOT OF OPEN SPACE AROUND THERE.
UM, I THINK THAT AS FAR AS THE WATER MITIGATION, YOU KNOW, WE HAVE FIVE FEET, UH, EASEMENTS BETWEEN HOMES THAT ARE REQUIRED ON THE PROPERTY LINE.
UH, THE 10 FOOT BACKYARD REAR SETBACK.
I THINK THAT IT COULD BE MITIGATED BY, UM, HAVING MAYBE IN, IN LATER IN HIS PLANS, UM, SOME WAY OF DIVERTING THAT WATER.
UH, I ALSO THINK THAT IT A HINDRANCE FOR THE APPLICANT FINANCIALLY.
UH, 'CAUSE IT, IT IS QUITE EXPENSIVE TO REDESIGN YOUR BUILDINGS WITH AN ARCHITECT AND ENGINEER.
SO I'M GONNA BE, UM, IN CONCUR IN, I'M GONNA CONCUR WITH THE FINDINGS AND FACTS.
ANY OTHER MEMBERS OF THE BOARD, MR. REED? UH, YES.
I I THINK YOU SHOULD TRY FOR A PARKING VARIANCE.
UH, AND PART OF THAT IS LOOKING AT THE SITE PLAN.
I'M NOT CONVINCED YOU COULD GET HEAD IN PARKING IN FRONT OF THAT BUILDING A WITH THE WAY THAT I GUESS THIS IS, UM, MCDONOUGH STREET KIND OF DEAD ENDS HALFWAY THROUGH THAT, THAT PROPERTY.
UM, I, I THINK YOU HAVE A BETTER, UH, APPROACH GOING FOR A PARKING VARIANCE AND KEEPING THE PERVIOUS OR COVER IN THE REAR OF THE BUILDING.
ANY OTHER, ANY OTHER COMMENTS OR QUESTIONS? ALRIGHT, HEARING NONE THAT CLOSES THE PUBLIC PORTION, UH, UH, LET'S GO AHEAD AND TAKE A ROLL CALL.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER VASQUEZ? YES, I CONCUR.
COMMISSIONER BOEZ? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
BUT UNFORTUNATELY THERE, UH, THE VOTE HERE IS, UH, SIX, UH, TO, WHAT IS IT? THREE.
THE MOTION DOES NOT PASS AS READ.
UM, PLEASE GET WITH STAFF AND THEY'LL GIVE YOU SOME OPTIONS WHETHER IT'S SEEKING, UH, PARKING VARIANCE OR SOME OTHER MODIFICATIONS TO THE PLAN TO MOVE THE PROJECT FORWARD.
ITEM NUMBER NINE IS BO OA DASH 25
[02:40:01]
DASH 0 3 2 3 1 ADDRESS AT 27 10 IRWIN DRIVE.IN CONS, DISTRICT THREE, THE APPLICANT IS ALAMA CONSULTANT SERVICES A REQUEST FOR A 10 FOOT THREE INCH VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A PRIMARY RESIDENCE WITH A NINE FOOT NINE INCH REAR SETBACK.
THE ZONE IS NP EIGHT NEIGHBORHOOD PRESERVATION.
THE SUBJECT PROPERTY IS GENERALLY LOCATED SOUTH OF RIGSBY AVENUE AND WEST OF SOUTHEAST LOOP FOUR 10 ACCESS ROAD ON IRWIN DRIVE.
CURRENTLY ON THE PROPERTY IS A SINGLE WOODEN STRUCTURE LOCATED IN THE REAR YARD WHILE MAINTAINING ITS CURRENT FOOTPRINT.
THE PROPERTY OWNER INTENDS TO RENOVATE AND CONVERT THE STRUCTURE INTO A PRIMARY RESIDENCE.
AS THE STRUCTURE IS IN THE REAR YARD, THE CONVERSION TO A PRIMARY RESIDENCE MUST COMPLY WITH THE 20 FOOT REAR SETBACK REQUIREMENT AT NINE NINE INCHES FROM THE REAR PROPERTY LINE.
A VARIANCE IS REQUIRED PRIOR TO THE ISSUANCE OF A NEW RESIDENTIAL PERMIT FOR THE STRUCTURE IN THE CURRENT LOCATION.
THE ORIGINAL STRUCTURE APPEARS TO HAVE BEEN CONSTRUCTED AS AN ACCESSORY BUILDING TO THE PRINCIPAL STRUCTURE LOCATED ON THE ADJACENT LOT TO THE SOUTH.
AT THE TIME OF THE CONSTRUCTION, BOTH LOTS WERE UNDER COMMON OWNERSHIP AND NO PERMIT WAS ISSUED FOR THE WORK.
THIS IS A SITE PLAN SUBMITTED BY THE APPLICANT WHERE YOU SEE THE EASTERN MOST, THE REAR PROPERTY LINE I SHOULD SAY.
AND THEN THERE'S A FENCE DURING SITE VISITS, STAFF DID OBSERVE THE FENCE AND WERE ONLY ABLE TO TAKE THE MEASUREMENT FROM THIS WOODEN FENCE TO WHERE THE STRUCTURE ENDED.
AND THIS IS JUST SOME HISTORICAL VIEWS FROM 2007 AND 2011 WHERE YOU CAN SEE THAT THE HOME OR THE STRUCTURE WAS IN THE REAR YARD.
AND THE CURRENT VIEW, AND THIS IS THE MEASUREMENT WE TOOK FROM THE REAR SETBACK OR THE FENCE AND THE SURROUNDING AREA.
STAFF'S RECOMMENDATION FOR THE REAR SETBACK IS DENIAL IN BO OA DASH 25 DASH 0 3 0 0 2 3 1.
BASED ON THE FOLLOWING FINDINGS OF FACT, ONE INSUFFICIENT SPACE WILL REMAIN IN THE REAR YARD FOR THE PURPOSES OF FIRE PREVENTION AND WATER RUNOFF.
AND TWO, THE PER THE PROPERTY PROVIDES ADEQUATE SPACE TO ACCOMMODATE THE RELOCATION OF THE PRIMARY STRUCTURE WHILE MAINTAINING THE REQUIRED SETBACKS.
WE MAILED 30 NOTICES AND RECEIVED TWO IN FAVOR AND NO RESPONSE FROM THE TROOP MATTER NEIGHBORHOOD ASSOCIATION.
AND THIS IS THE SUPPORT LETTER PROVIDED.
THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
ALRIGHT, LET'S SEE IF WE HAVE ANY QUESTIONS FOR STAFF HEARING, I'D ASK THE APPLICANT TO PLEASE COME FORWARD AND LET'S, UH, HEAR THE PRESENTATION HERE.
MAY, MAY I ASK A QUESTION TO STAFF REAL QUICK? SURE.
UM, SO THE, YOU YOU MENTIONED THAT THE FENCE WAS, UM, WHAT YOU SAW, BUT ON THIS PIC ON THE SLIDE HERE, IT SHOWS THE PROPERTY LINE BEHIND THE FENCE.
IS THAT THE PROPERTY LINE BEHIND THE FENCE? ACCORDING TO THE SURVEY MAP, YES, BUT WE'RE NOT PROFESSIONAL SURVEYORS AND WE WERE ONLY ABLE TO OBSERVE THE FENCE LINE AND THAT'S WHERE WE WERE ABLE TO MEASURE FROM.
SO ASSUMING THAT THE REAR PROPERTY STRUCTURE MAY BE ENCROACHING INTO THE SUBJECT PROPERTY.
ALRIGHT, UH, APPLICANT PLEASE COME FORWARD.
UM, MY NAME IS CARLOS ALDO WITH ALAMO CONSULTING SERVICES.
AND TO, UH, ELABORATE A LITTLE MORE ON THAT, UH, UH, THE DISTANCE, THE ACTUAL TRUE DISTANCE FROM THE PROPERTY LINE TO THE BUILDING IS ACTUALLY, UH, FROM THE PROPERTY LINE TO THE BACK OF THE, THE ONE STORY BUILDING IS 14 AND A HALF FEET.
SO IN, IN REALITY, THE, THE, THE VARIANCE WOULD BE FOR ONLY FIVE AND A HALF FEET.
UM, SO YEAH, THE, THE, THE SETBACK IS SUPPOSED TO BE MEASURED TO THE PROPERTY LINE, NOT TO THE FENCE.
AND, UH, YES, UH, MY CLIENT, UH, MR. LOZANO IS A DISABLED VETERAN THAT PURCHASED THE PROPERTY, UM, TWO, TWO YEARS AGO, NOT KNOWING THAT OF THIS, UH, SETBACK REQUIREMENT IN ORDER FOR HIM TO SUCCESSFULLY AND LEGALLY CONVERT THIS TO, UH, HIS PRIMARY DWELLING, UM, OF COURSE THERE'S GONNA BE A NEED TO, UH, COMPLY WITH THE, WITH THE SETBACK.
UM, AGAIN, IT'S ONLY A REQUEST FOR 5.5 FEET AND THERE WILL STILL BE 14 AND A HALF FEET OF,
[02:45:01]
OF SETBACK MORE THAN ADEQUATE FOR FIRE ACCESS.AND THERE'S, THERE WOULDN'T BE ANY, UH, RUNOFF, UM, ISSUES.
SO, UM, THAT'S PRETTY MUCH IT.
LET'S SEE IF ANY QUESTIONS FOR THE APPLICANT.
UM, SO WHY WAS THE FENCE BUILT AT, AT THAT LINE OF THE PROPERTY? YEAH, I, I HAVE THE, UH, PROPERTY OWNER HERE AND HE CAN, UH, ELABORATE ON THAT.
AND, AND BY THE WAY, THE PROPERTY OWNER, UH, PREPARED A LETTER THAT HE WOULD LIKE TO READ TO THE PANEL.
GOOD AFTERNOON, LADIES AND GENTLEMEN.
UH, MY NAME IS JORGE ASANO AND, UM, WOULD YOU LIKE ME TO ANSWER YOUR QUESTION FIRST OR WHAT CAN I OKAY.
GOOD AFTERNOON, CITIZENS AND STAFF OF SAN ANTONIO, TEXAS.
I WAS BORN HERE IN THE CITY AND ANSWER THE CALL TO SERVE MY COUNTRY.
AFTER FOUR DEMANDING YEARS OVERSEAS IN THE MIDDLE EAST, I'VE RETURNED HOME AND NOW FACING THE CHALLENGE OF FINDING STABLE, DEPENDABLE EMPLOYMENT.
TO DO SO, I NEED A RE RESIDENCE I CAN RELY ON.
THREE YEARS AGO I FOUND 27 10 IRWIN DRIVE ON RIGSBY NEAR CHINA GROVE.
IT WAS A MODEST SHED LIFTED, LISTED FOR $50,000, A SUITABLE STARTING POINT FOR A VE VETERAN COMMITTED TO REBUILDING HIS LIFE.
MY FATHER, A SEASONED ELECTRICAL ENGINEER, AND I INSPECTED THE PROPERTY AND CONFIRMED ADMIT SAFETY STANDARDS FOR RESIDENTIAL USE.
WITH HIS EXPERTISE AS A LICENSED RETIRED MEP ENGINEER, WE BUILT THE PLUMBING SYSTEM ADHERING TO ALL NECESSARY PERMITS, INVESTING APPROXIMATELY $20,000 OF WHICH I'M STILL RESPONSIBLE FOR.
WE ALSO ESTABLISHED AN APRON AS A PROPERTY WAS ORIGINALLY JUST HAD A CURB WHEN PURCHASED.
THIS WAS AN ADDITIONAL $5,000 TRANSACTION.
OUR PLANS INCLUDE CONSTRUCTING A DRIVEWAY AND COMPLETING ALL REQUIRED MODIFICATIONS TO MEET CITY CODES WHILE MAINTAINING RESPECT FOR THE SAFETY AND COMFORT OF MY NEIGHBORS.
MY FATHER AND I CONDUCTED DUE DILIGENCE TO ACQUIRE POWER FOLLOWING THE SAME PROCEDURES WE USED FOR THE SEWER AND WATER PERMITS.
YET THE ISSUE OF LACKING A RESIDENTIAL PERMIT ONLY SURFACED AFTER WE MADE THESE INVESTMENTS.
DEVELOPMENT SERVICES FAILED TO INFORM ME THAT I NEEDED ONE DESPITE NO SUCH REQUIREMENT.
WHEN I SECURED PERMITS FOR WATER SEWAGE, OR WHEN MY LICENSE CONTRACTORS BROKE THE CURB TO INSTALL THE APRON, EVERY CONTRACTOR I HIRED HAD NO TROUBLE GETTING THESE PROJECTS APPROVED.
I HIRED A LICENSED MASTER ELECTRICIAN, BUT IT WAS UNNECESSARY AS HE COULDN'T CONNECT POWER DUE TO THE ISSUE THAT SHOULD HAVE BEEN ADDRESSED THREE YEARS AGO.
WHEN I STARTED WORKING ON THIS PROPERTY, I DO NOT UNDERSTAND HOW I WAS SUPPOSED TO KNOW THAT THE ELECTRICAL CONNECTION WOULDN'T BE APPROVED IF I WAS ABLE TO OBTAIN PERMITS FOR ALL THE OTHER PROJECTS.
COMING FROM A BACKGROUND ROOTED IN DISCIPLINE, RESILIENCE, AND A COMMITMENT TO SERVICE, I EMBODY THE VALUES THAT MAKE OUR COMMUNITY STRONG HERE IN SAN ANTONIO.
WHEN I SHAKE A FELLOW TEXANS HAND AND LOOK HIM IN THE EYE, I TRUST THAT HIS WORD IS A SOLID AS STEEL.
AND I HAVE FAITH THAT WHEN IN NEED MY COMMUNITY WILL STAND READY TO SUPPORT A DISABLED VETERANS DRIVING TO SECURE A SAFE AND COMFORTABLE HOME.
I RESPECTFULLY REQUEST THAT MY FELLOW CITY OFFICIALS SUPPORT AN ADJUSTMENT OF THEIR REAR SETBACK FOR MY PROPERTY.
RECOGNIZING IT AS MY PRIMARY RESIDENCE WILL ALLOW ME TO ESTABLISH STABILITY AND CONTINUE CONTRIBUTING TO OUR COMMUNITY.
MY HOME HAS BEEN LOYAL AND STEADFAST IS STRONG, WELL INSULATED AND READY TO SERVE AS THE FOUNDATION OF MY AMERICAN DREAM.
WITH ONE DECISIVE ACTION, YOU CAN ASSIST A FELLOW TEXAN A NEED UPHOLD JUSTICE FOR A VETERAN, AND TRANSFORM AN EMPTY LOT INTO A SYMBOL OF HOPE AND PROGRESS FOR OUR CITY.
THANK YOU FOR YOUR TIME, YOUR SERVICE, AND YOUR ONGOING COMMITMENT TO EXCELLENCE IN SAN ANTONIO.
UH, BAN, DID YOU HAVE A QUESTION ABOVE THAT? YES.
NOW, UM, YOU CAN ANSWER WHY DID YOU BUILD THE FENCE THERE ON THAT, SINCE THAT'S NOT WHERE YOUR PROPERTY LINE IS? SO, UM, UH, THE FENCE WAS RECENTLY CONSTRUCTED.
UM, UH, THE NEIGHBOR TO THE REAR, UM, UH, MIGHT HAVE SOME ISSUES BECAUSE AS YOU CAN SEE, THERE'S A SHED THAT WAS CONSTRUCTED.
AND UPON LOOKING INTO MY SURVEY, UM, UH, IT SEEMS TO BE ENCROACHING ON MY PROPERTY NOW.
UM, UH, I UNDERSTAND MY NEED TO GET ELECTRICITY AND TO HAVE THIS AS MY PRIMARY RESIDENCE, BUT ULTIMATELY, UH, I DO NOT WANT TO DISTURB THE WELLBEING AND THE COMFORT OF MY NEIGHBORS.
AND WE CAME TO AN AGREEMENT THAT IF WE WERE TO JUST REPLACE THE SHED AT, UH, THE FENCE WHERE IT PREVIOUSLY WAS, UM, THAT I WOULD HAVE NO OPPOSITION TO THAT.
HOWEVER, OF COURSE THAT HAS LED ME TO OTHER CHALLENGES SUCH AS THIS, THE SETBACK, BUT THE, I I HAD A MADE AN AGREEMENT WITH THE NEIGHBOR TO THE BACK TO, LEMME JUST GET CLARIFICATION THAT, THAT SLIVER PAT
[02:50:01]
ON THE RIGHT OF THE, CAN YOU PULL UP THE, THE SITE PLAN IS STILL YOUR PROPERTY? YES.AND YOU'RE ALLOWING YOUR NEIGHBOR TO CONTINUE HAVING HIS SHED ON YOUR PROPERTY? YES MA'AM.
LET'S SEE, ANY OTHER QUESTION FOR THE APPLICANT? EZ? MR. EZ, HOW BIG IS, HOW BIG IS YOUR STRUCTURE? IT IS 30 BY 20.
AND THEN RIGHT NOW IN THERE DOES IT HAVE LIKE A LAYOUT OF A KITCHEN BATH? I DO HAVE A SITE PLAN, YEAH.
CAN WE SEE THAT? UM, LET'S SEE HERE.
CAN I ADD SOMETHING TO THE, UM, MIX UP ABOUT THE FENCE? SIR, CAN YOU PLEASE SPEAK INTO THE, UM, FIRST GIVE YOUR NAME AND UM, ADDRESS AND THEN YES.
MY ADDRESS IS 19, UH, 3 0 0 5 HEMINGWAY LOOP IN LAREDO, TEXAS.
AND I JUST WANNA ANSWER THE CONFUSION AS TO THE FENCE AND TO THE AGREEMENT THAT WAS MADE.
THE PROPERTY AND BACK AND OUR PROPERTY OR MY SON'S PROPERTY.
AND ACTUALLY THE PROPERTY TO THE LEFT OF HIM WAS ACTUALLY BY THE SAME PROPERTY OWNER.
AND SO HE HAD PUT THE FENCE WHEREVER HE WANTED BECAUSE ALL OF THOSE PROPERTIES WERE HIS AND HAD MADE CERTAIN, UH, BUILDING STRUCTURES AND THEN IN THE FUTURE SOLD EACH PART OF THE PROPERTIES INDIVIDUALLY.
AND SO THAT'S WHY SOME OF THOSE PROPERTY LINES WERE NOT ADHERED TO ORIGINALLY BECAUSE IT WAS THE SAME PROPERTY OWNER.
AND THAT'S HOW HE HAD DECIDED TO DIVIDE HIS OWN PROPERTY EVEN THOUGH THERE WERE THREE SEPARATE PROPERTIES.
SO THE NEIGHBOR, THE BACK NEIGHBOR THOUGHT, HEY, THIS IS MY PROPERTY 'CAUSE THE FENCE IS THERE.
ORIGINALLY THAT WAS HIS THOUGHT.
THE FENCE IS THERE, THAT'S MY PROPERTY.
BUT WHEN WE BROUGHT UP THE PLOT, WE FOUND OUT, HEY, WAIT A MINUTE.
YOU'RE ACTUALLY ENCROACHING ON MY PROPERTY AND IT'S HINDERING US FROM GETTING ELECTRICITY BECAUSE NOW WE NEED TO GET THIS VARIANCE TO GET THAT.
AND IN THE PROCESS OF GETTING TO WHERE WE ARE, WE DID SPEND $20,000 TO GET THE PLUMBING INSTALLED BY A PROFESSIONAL CONTRACT AND GET THE PERMITS FOR THE, UH, WHAT DO YOU CALL IT, WHERE YOU HAVE TO BREAK THE STREET, THE IMPACT FEES FOR THE WATER AND THE SEWER.
AND WE DID, WHEN WE DID THE APRON, WE NOT ONLY DID THE APRON, WE WENT FROM ONE EDGE OF THE SIDEWALK PROPERTY TO THE OTHER EDGE AND, AND DID A BRAND NEW SIDEWALK WITH A BRAND NEW APRON.
THE STRUCTURE THAT IS THERE RIGHT NOW IS SIMILAR IN CONSTRUCTION TO THE PROPERTIES AROUND THERE.
IT HAS AN ASPHALT SHINGLE ROOF AND IT HAS THE WOODEN SIDING SO IT BLENDS IN.
BUT THIS IS NOT OUR FINAL DESTINATION.
THE PROPERTY, SINCE IT SITS WAY IN THE BACK WHEN WE RAN THE SEWER ALL THE WAY BACK, WE ALREADY MADE PREPARATIONS IN THE FRONT OF THE PROPERTY, BEHIND THE FRONT SETBACK RULES SO THAT IN THE FUTURE, ONCE WE'RE IN A BETTER POSITION, THEN WE CAN BUILD A HOUSE WITHIN THE LIMITS AND ALL THAT.
THE WATER AND SEWER FOR THAT PROJECT HAVE ALREADY BEEN SET UP WHEN WE DID THE WATER AND SEWER FOR THE CURRENT STRUCTURE THAT IS THERE.
DEAN, MR. DEAN, WHEN YOU PURCHASED THE PROPERTY, DID YOU HAVE A REALTOR? UM, UH, I, UH, I THINK I WOR I, I LITERALLY DROVE BY, SAW A SIGN CALLED A NUMBER, AND, UH, WAS PRETTY MUCH GUIDED THROUGHOUT THE WHOLE PROCESS.
UM, I'M NOT VERY EDUCATED OR AT THE TIME I WAS NOT VERY EDUCATED ON, UH, CITY REGULATIONS SPECIFICALLY.
SAN ANTONIO SEEMS TO BE VERY UNIQUE TO THE PLACES THAT I'VE LIVED IN THE PAST.
BUT, UH, IF YOU CAN JUST IMAGINE I'M COMING BACK FROM THE MIDDLE EAST, I'M NOT AS READY TO GO OUT THERE AND SOCIALIZE AS, AS MOST WOULD BE.
UM, I CAME FROM A COMBAT ZONE AND UH, I JUST NEEDED A PLACE TO LIVE TO FIND A JOB.
[02:55:01]
THE UNDERSTANDING THAT IF I WERE TO BUY A BUILDING WITH A STRUCTURE ON IT, THAT I'D BE ABLE TO RESIDE THERE.DID YOU PAY CASH OR DID YOU FINANCE THROUGH A BANK? I HAVE FINANCED.
DID THE BANK REQUIRE A SURVEY? YES.
AND THEN, UM, WHAT, FROM THAT POINT, FROM THE LICENSED SURVEYOR, DID YOU UNDERSTAND LIKE, UM, MORE ABOUT THE SETBACKS AND THESE OTHER CHALLENGES? BECAUSE I FOUND IT KIND OF HARD THAT YOU DO ALL THIS THINGS AND THERE WASN'T A SURVEY BROUGHT FORWARD EARLIER TO UNDERSTAND THE PROPERTY MORE, MORE ABOUT THE PROPERTY.
'CAUSE I UNDERSTAND FROM THE STORY THAT THE EVIDENCE I HEARD AND THE TESTIMONY THAT THE LANDOWNER PREVIOUSLY OWNED SEVERAL LOTS AND THAT YOU, YOU KNOW, TYPICALLY A BANK WOULD REQUIRE SOME PROFESSIONAL DOCUMENTATION IF YOU'RE GONNA GET A LOAN FOR IT, I WOULD ASSUME.
UM, SO I'M A LITTLE STRUGGLING THERE A LITTLE BIT WITH TRYING TO UNDERSTAND SOME OF THE PROFESSIONAL DECISION MAKING THAT WENT INTO THIS FROM THE PURCHASE TO WHERE YOU'RE AT TODAY.
SO YES, I, I TOO AM A LITTLE CONFUSED AS TO HOW I WAS ABLE TO GET A PLUMBING AND UH, A MECHANICAL WITHOUT, YOU KNOW, GETTING, WITHOUT HAVING A PRIMARY HOME PERMIT.
AS FAR AS THE BANK GOES, I MEAN, I DON'T KNOW REALLY TOO MUCH HOW BANKS FIGURE OUT, UH, FINANCING.
BUT AS FAR AS MY PERSONAL KNOWLEDGE, ALL OF THIS IS VERY NEW TO ME.
I, I AM NOT A PROFESSIONAL REAL ESTATE AGENT.
AND IF MY DAD HAS SOMETHING TO ADD, THE SURVEY THAT WAS PROVIDED TO THE BANK SHOWED THE PROPERTY LINE DID NOT SHOW THE FENCE.
THE SURVEYORS WENT AND THEY SURVEYED THE PROPERTY AND THEY HAVE LIKE THESE METAL THINGS ON THE CORNER AND THEY SAY, OKAY, THIS IS HIS PROPERTY AND THIS IS THE STRUCTURE THEY DIDN'T INCLUDE.
OH, AND BY THE WAY, THERE'S A FENCE THAT IS RIGHT HERE.
THEY SURVEYED THE BUILDING AND THE PROPERTY LINE.
SO DID YOU DO A FENCING PERMIT OR, I'M JUST TRYING TO UNDERSTAND BACK TO, UH, THE EARLIER QUESTION ABOUT HOW THE FENCE WAS DECIDED AND WELL, SI DON'T, I DON DON'T KNOW IF THAT IF THAT'S POINT, POINT OF ORDER.
I MEAN WE'RE THE, THE FENCE WAS THERE WHEN WE PURCHASED IT AND THE NEIGHBOR THEN REBUILT THE FENCE 'CAUSE IT WAS FALLING DOWN AND HE BUILT IT IN THE EXACT SAME LOCATION.
SO THAT FENCE DISCUSSION YEAH.
YEAH, IT'S NOT A CITY ON BORDER.
IT REALLY DOESN'T HAVE ANY BEARING ON THE SETBACK REQUEST.
VARIANCE BON THAT'S WHAT HE'S ASKING FOR.
NO, HE ASKING, UH, IVAN, MAY I, MAY I ASK SOMETHING FROM THE CITY? SO, UM, SINCE IT WAS MEASURED FROM THE BACK OF THE STRUCTURE TO THE FENCE, UM, DO, DO WE HAVE TO JUST LOOK AT IT FROM, FROM THAT OR CAN WE PROPERTY LINE AMEND IT TO THE PROPERTY LINE? THAT IS CORRECT.
YOU CAN AMEND TO THE PROPERTY LINE.
SO IT, IT WOULD BE A REDUCTION OF THE, UM, VARIANCE REQUEST FROM NINE FOOT NINE INCH, OR I'M SORRY, 10 FOOT THREE INCH TO UM, I THINK THEY SAID FIVE FOOT SIX INCHES.
SO YOU COULD MAKE, YOU COULD AMEND YOUR MOTION TO THAT FIVE FOOT SIX INCH SETBACK.
YEAH, UH, UH, UH, HE SAID HE HAD PULLED PERMITS FOR SOME WORK.
ARE THERE PERMITS FOR THIS PROPERTY FOR ANY OF THE WORK PERFORMED? WE'RE GONNA CHECK REAL QUICK.
IT SAYS THAT THERE ARE NONE ON THE, UM, ON THE STAFF REPORT, BUT LET ME JUST CONFIRM.
BUT HONESTLY, CERTAIN PERMITS ARE NOT GOING TO REQUIRE WHAT, PROBABLY LIKE THE ADDRESS, UM, IF THERE ARE SIMPLE BASIC MEPS OR SOMETHING LIKE THAT.
SO THERE COULD HAVE BEEN POTENTIAL PERMITS PULLED BUT NOT NECESSARY FOR ON ANY OF THOSE PERMITS.
FOR WHAT, WHAT HE'S EXPLAINS THAT HE DID THERE, YOU KNOW, RAN NEW, NEW SEWER, DID WATER IMPACT FEES TO SAWS AND ALL THAT.
NEVER ALONG THE WAY DO THEY ASK WHAT IS THE PROPOSED USE FOR THIS PLUMBING THAT WE'RE RUNNING OR YOU KNOW, IS THIS, IS THIS TO LIVE, IS THIS JUST PUT A BATHROOM IN MY GARAGE? WHAT, YOU KNOW, DID DID THEY ASK SOME TIME YOU THAT TO THE APPLICANT? DID, DO YOU EVER HAVE ANY QUESTIONS OVER WHAT THE PROPOSED USE OF THE STRUCTURE WAS THAT YOU WERE DOING THIS MAJOR PLUMBING TO? I DID DESCRIBE VOCALLY THAT MY INTENTION WAS, SIR, CAN YOU COME UP TO THE MICROPHONE? YEP.
I DID, UH, DESCRIBE VOCALLY WHAT MY INTENTION WAS.
UM, I DID NOT MEET ANY RESISTANCE TO THAT.
I NEVER GOT ANY FURTHER QUESTIONING IT.
[03:00:01]
APPROVED AND I HAD MY CONTRACTORS THERE SHORTLY AFTER.YEAH, I'M JUST STILL CHECKING BACK TO CITY IF THERE'S ANY TYPE OF PERMITS.
SO A SIDE SIDEWALK CURB APPLICATION IS NOT GOING TO REQUEST WHAT THE USE IS OR ANYTHING, SO, GOTCHA.
THEY'RE JUST LOOKING AT IT FROM AN, THAT WASN'T A CONCERN WITH THE APRON.
IT WAS THE MORE THAT THE PLUMBING WHERE HE HAD, YOU KNOW, IMPACT FEES.
SAS AND YOU GOT SOME, I DO A COPY OF THE PERMIT FROM SAWS SAN ANTONIO WATER SYSTEM INFRASTRUCTURE PLANNING, DEVELOPMENT ENGINEER IMPACT FEES.
AND I ALSO HAVE A COPY OF THE, UM, THE, THE PERMIT THAT THE CONTRACTOR PULLED IN ORDER TO DO ALL OF THE PLUMBING.
AND ON THE DAY THAT THE PLUMBING WAS INSTALLED, THE CITY OF SAN ANTONIO HAD TWO INSPECTORS.
ONE FOR THE PLUMBING AND ONE FOR 'CAUSE THEY WERE GONNA HAVE TO BREAK THE, THE STREET AND DIG LIKE SIX FEET POINT OF ORDER.
THEY HAD AN INSPECTOR FOR, FOR BOTH OF THOSE.
AND THE WATER AND THE SEWER LINE THAT GOES FROM THIS PROP, FROM THIS STRUCTURE TO THE STREET IS A SIX INCH SEWER LINE AND THE WATER LINE IS A ONE INCH WATER LINE.
AND THEN BACK TO POINT OF ORDER BACK TO THE CITY.
SO, SO FOR THAT, UH, YOU GUYS DON'T REALLY ASK, YOU KNOW, WHAT THE PLUMBING'S FOR IT COULD BE TO, IT COULD BE TO A GARAGE, RIGHT? FOR A BATHROOM, NOT FOR MEPS.
I MEAN I DO SEE AN ELECTRICAL, UM, TEMPORARY ITEM HERE.
SO AGAIN, THESE ARE MINOR, THESE ARE MINOR PERMITS THAT WE'RE NOT SPECIFICALLY.
SO AGAIN, WHEN HE SAID THAT THEY WERE REQUESTED FOR A MORE SIGNIFICANT PERMIT, THAT IS WHEN IT BECAME AN ISSUE THAT THEY NOTICED THAT THIS WAS GONNA BE TURNED INTO A, UH, MAIN RESIDENCE.
SO, UM, SO IS THIS GET LISTED OR, OR IDENTIFIED AS AN ACCESSORY DWELLING UNIT, UM, ON THIS PROPERTY? I BELIEVE, AGAIN, WHAT THEY WERE SAYING THAT THESE PROPERTIES WERE ALL OWNED BY ONE PERSON AND SO THEY HAD BUILT, UM, ACCESSORY STRUCTURES ON THE PROPERTY AND THEN THEY HAD KIND OF BROKEN IT OUT TO SELL, UM, TO OUR APPLICANT, MR. LAZANO.
AND SO BASICALLY HE'S GOT A, A WHAT ORIGINALLY STARTED AS AN ACCESSORY STRUCTURE AND HE WANTS TO TURN IT INTO HIS MAIN RESIDENCE.
SO, SO THE REASON WHY I WAS ASKING THAT QUESTION IS BECAUSE, SO WE'RE ALSO HEARING DIALOGUE WITH REGARDS TO FUTURE USE OF THIS PROPERTY MM-HMM
AND THEY'RE TALKING ABOUT PUTTING IN, YOU KNOW, ANOTHER DWELLING, UH, ON THE, YOU KNOW, ON THE, ON THE FRONT HALF OF THIS PROPERTY, WHICH IS NORMALLY WHERE THE, THE HOME WOULD RESIDE AND THIS WOULD BE ACCESSORY DWELLING.
AND THERE ARE, YOU KNOW, THERE ARE DIALOGUES WITH REGARDS TO SIZES OF STRUCTURES, YOU KNOW, AND I'M ASSUMING HAVING A UH, UM, 600 SQUARE FOOT PRIMARY STRUCTURE WOULD POTENTIALLY LIMIT, UH, THE SIZE OF THE PRI UH, THE PRIMARY STRUCTURE IF IT'S, IF IT WASN'T REVERSED.
AND SO, WELL TO BE HONEST, IF IT, HE IS TO BUILD A BRAND NEW HOME FLOAT CLOSER TO THE FRONT AS THEY ARE REQUESTING, YOU CAN HAVE AN ACCESSORY STRUCTURE, LIKE AN ACCESSORY DWELLING UNIT CAN GO UP TO 800 SQUARE FEET.
I MEAN, YOU'RE AT 600 SQUARE FEET, SO HE'D BE BELOW THAT.
AND THEN YOUR ACCESSORY STRUCTURE, SAY IF HE WANTED TO TURN IT INTO A SHED OR A GARAGE, AS LONG AS IT DOESN'T GO BEYOND 2,500 SQUARE FEET, HE'D BE PERFECTLY FINE.
I THINK THE PLAN MOVING FORWARD WOULD BE IF THEY WERE TO ULTIMATELY BUILD A NEW PRIMARY STRUCTURE CLOSER TO THE FRONT YARD, IT WOULD BE TO CONVERT THIS STRUCTURE THAT WE'RE TALKING ABOUT TODAY INTO SOME SORT OF AN A DU OR AN ACCESSORY STRUCTURE, WHICH, SO THAT'S, THAT'S THE FIRST TIME I'VE HEARD THAT YOU CAN DO THAT SWAPPING.
AND SO I JUST WANNA MAKE SURE THAT WE WEREN'T PITCHING, HOLDING HIM INTO A FUTURE PROBLEM BY, BY SETTING SUCH A SMALL BUILDING IN THE BACK, UM, YOU KNOW, TO PREVENT A BIGGER BUILDING IN FRONT AND THAT'S VERY KIND OF YOU.
BUT YEAH, IF IT, IF HE IS TO BUILD THE NEW HOME IN THE FRONT, WHICH WOULD STILL BE PERMITTED BY RIGHT BY HIS ZONING, THAT PROPERTY, THAT STRUCTURE, EXISTING STRUCTURE COULD TURN INTO AN ACCESSORY STRUCTURE WITH NO PROBLEMS. HIS, HIS CURRENT PLAN FOR THAT CURRENT STRUCTURE, WHICH WE'RE TRYING TO DO AS A PRIMARY STRUCTURE IN THE FUTURE, WILL BE A MUSIC STUDIO FOR HIM ALSO.
YEAH, I WAS JUST GONNA ADD THAT IF HE DID BUILD A PRIMARY STRUCTURE CLOSER TO THE STREET AND THIS BECOMES AN ACCESSORY STRUCTURE, THE SETBACK GOES DOWN TO FIVE FEET.
SO I THINK HIM ASKING FOR A VARIANCE FOR FIVE AND A HALF FEET NOW ISN'T TOO FAR OFF.
ALRIGHT, ANY OTHER QUESTIONS FOR THE APPLICANT? ANY OTHER QUESTIONS? OKAY, THAT CLOSES THE PUBLIC PORTION.
I'D ASK A MEMBER OF THE BOARD TO PLEASE MAKE A MOTION.
I REMEMBER WE'RE, UH, THE REQUEST NOW IS FOR A FIVE AND A HALF FOOT, UH, VARIANCE FROM THE MINIMUM 20 FOOT, UH, TO ALLOW PRIMARY RESIDENTS 14 AND A HALF FEET, I THINK.
[03:05:01]
YEAH, I CAN DO IT.UM, REGARDING CASE NUMBER BO A 2 5 1 0 3 0 0 2 3 1, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A, UM, FIVE FOOT, FIVE INCH VARIANCE, UH, FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW OUR PRIMARY RESIDENCE.
UH, SORRY, UH, UH IT'S FIVE FOOT.
UM, LET'S SEE, UH, TO BE 14 FOOT, UM, AND A HALF, UH, REAR SETBACK SITUATED, I MEAN AT 2 7 1 0 IRWIN DRIVE, APPLICANT BEING ALAMO CONSULTING SERVICES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE REAR YARD OF THE LAW PROVIDES ADEQUATE SPACE TO SUPPORT THE CONS, THE CONVERSION OF THE STRUCTURE TO A PRIMARY RESIDENCE, AND HAVE SUFFICIENT SEPARATION FROM THE NEIGHBOR MARINE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE PROPERTY OWNER WOULD HAVE TO CONSTRUCT A NEW PRIMARY RESIDENCE THAT COMPLIES WITH THE MINIMUM REQUIRED SETBACKS RATHER THAN RENOVATING THE SINGLE EXISTING STRUCTURE INTO A PRIMARY RESIDENCE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS SUFFICIENT SPACE WILL REMAIN IN THE REAR YARD FOR THE PURPOSES OF WATER RUNOFF.
FIRE SAFETY AND MAINTENANCE OF THE STRUCTURE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE.
AND THOSE USES PARTICULARLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIS WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE REAR PROPERTY AS ADEQUATE SEPARATION FROM THE NEIGHBORING PROPERTY WILL REMAIN FOR FIRE PREVENTION, WATER RUNOFF, CONCERNS AND MAINTENANCE OF THE STRUCTURE.
SIX, APPLY TO THE OWNER PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
ANY UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO A RESULT OF GENERAL CONDITIONS IN DISTRICTS IN WHICH THIS PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXIST ON THIS PROPERTY AS EXISTING STRUCTURE WAS ORIGINALLY BUILT AS AN ACCESSORY STRUCTURE AND COMPLIED WITH THOSE DEVELOPMENT STANDARDS.
CONVERTING THE STRUCTURE TO A PRIMARY RESIDENCE SUPPORTS THE MOST REASONABLE USE OF THE SOLE STRUCTURE ON THIS PROPERTY.
SO, UM, YEAH, THERE, I HAVE NO ISSUES WITH THIS REQUEST.
UM, YEAH, I THINK THE REALIZATION THAT THE FENCES, UH, YOU KNOW, THAT YOU'RE BEING VERY GENEROUS WITH THE NEIGHBOR BEHIND YOU, UM, YOU KNOW, UM, YOU KNOW, THERE IS NO ISSUE AND AS, UM, CHAIR OR ORIAN, UH, BROUGHT UP, YOU KNOW, UM, IT, THIS BECOMES A SECONDARY, UH, A DU IN THE FUTURE, THEN, YOU KNOW, THIS REQUEST WOULD BE SATISFIED.
SO, UH, BECAUSE OF THOSE, I'LL BE VOTING IN FAVOR.
I'LL, I'LL ALSO VOTE IN FAVOR OF THIS, UH, FOR ALL REASONS COMMISSIONER MANUS SAID, AND SAME, UH, POINT THAT, UH, CHAIR ORIAN HAD MENTIONED EARLIER.
UH, LET'S GO AHEAD AND TAKE A ROLL CALL.
UM, I CONCUR WITH THE FINDINGS OF ACT AND THANK YOU FOR YOUR SERVICE.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BENES? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
YES, I CONCUR WITH NINE IN FAVOR.
GOOD LUCK WITH THE PROJECT AND THANK YOU AGAIN FOR YOUR SERVICE.
ALRIGHT, ONE MORE BIT OF BUSINESS, UH, BEFORE THE BOARD, UH, REGARDING THE CONTINUANCES.
I DIDN'T GET A SECOND ON THE MOTION FOR THE CONTINUANCES, SO CAN I JUST ASK FOR A SECOND HERE AND WE CAN GO AHEAD AND DO I SECOND.
UM, ALSO WANNA INTRODUCE, I THANK MR. REED FOR JOINING US ON THE BOARD TODAY.
ANY OTHER, UH, REPORTS FOR THE BOARD? OTHER THAN THAT, UM, COMMISSIONER REED IS A FELLOW VIRGINIA TECH.
UH, NO OTHER COMMENTS FROM DEPARTMENT.
[03:10:01]
TO VOTE ON? YES.DOES GET SWORN IN? YEAH, HE'S, WE'VE GOT ALL THE DOCUMENTS AND EVERYTHING, SO, YEAH.
[ Approval of Minutes ]
THIS TIME.DO WE HAVE, UH, CONCURRENCE ON THE MINUTES? DO WE JUST TAKE A SIMPLE, SIMPLE VOICE? WHAT DO I DO? MOVE TO APPROVE THE MINUTES.
AND WE DO NEED A SECOND, PLEASE.
UM, I KNOW THAT THE, WE'RE ONLY IN THE ENDING OF NOVEMBER, BUT, UH, HOW SOON DO WE PLAN ON GETTING A CALENDAR SCHEDULE FOR NEXT YEAR? SINCE WE ARE GOT TWO MONTHS AGO, WE, UH, WE VOTED, UM, BOA VOTED ON THE SCHEDULE FOR NEXT YEAR, SO WE'LL GET THAT SENT OUT.
HAS, HAS IT BEEN SENT OUT? I'LL HAVE TO FOLLOW UP WITH MEKO, BUT WE WILL MAKE SURE IT'S SENT OUT.
SO, YEAH, BECAUSE I, I HAVEN'T SEEN IT ON MY EMAIL.
I'LL, WE'LL MAKE SURE THAT IT'S SENT OUT FOR THE 2026 HERE.
THE BOARD OF ADJUSTMENTS IS ADJOURNED.