[00:00:03]
SO IT LOOKS LIKE WE HAVE, UH, ALL 11 MEMBERS.
I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION.
IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE.
IF EVERYONE COULD PLEASE, UH, JOIN ME IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL, HONOR THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO BE TEXAS.
IF YOU COULD PLEASE CALL ROLL.
COMMISSIONER BENAVIDES PRESENT.
AND BEFORE WE BEGIN, UH, WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS SUPPORTING TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32.
TO HEAR AND ASIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING, RE REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.
ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD AND OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF IS GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS UPON WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF.
[ Briefing and Possible Action on the following items ]
YOU.STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXEMPTION AND PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS.
INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THE PRESENTATION AND ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OF SPECIAL EXEMPTION.
YOU'LL BE CALLED IN THE ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALL ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER HEARING.
YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT LIKE TO GIVE WITH THEIR TIME TO THE SPEAKER, THAT SPEAKER WILL BE ALLOTTED.
MAXIMUM TWO PEOPLE GIVE UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
[00:05:01]
YES.SO THE FIRST ITEM, UH, ON OUR AGENDA IS SOME HOUSEKEEPING.
WE HAVE NOMINATIONS AND CONSIDERATIONS OF THE CHAIR, VICE CHAIR, AND PRO TEM.
I'LL BE TURNING THIS OVER TO STAFF TO RUN THAT ELECTION.
DO WE HAVE A NOMINATION FOR PRO TE? UH, I WOULD START WITH CHAIR FIRST.
HOW ABOUT DO I HAVE A NOMINATION FOR CHAIR CRUZ? I WOULD LIKE TO NOMINATE MR. DONALD ORIAN FOR CHAIR I SECOND COMMISSIONER CRUZ AND SECONDED BY COMMISSIONER BENAVIDEZ FOR COMMISSIONER ORIAN FOR CHAIR.
ANY OTHER NOMINATIONS? ALRIGHT, IF I CAN GET IT.
UM, SO IF WE CAN DO A VOICE VOTE.
UM, ANYBODY, ANYBODY OPPOSED? ALL RIGHT.
SO IT'S ALL, UH, CONGRATULATIONS.
COULD I GET A NOMINATION FOR VICE CHAIR CRUZ? I'D LIKE TO NOMINATE MR. UM, ANDREW OZUNA FOR VICE CHAIR.
WHO WAS THE SECOND? JU? ALL RIGHT.
UM, ANY OTHER NOMINATIONS? AND WE'LL TAKE A VOTE.
ANYBODY IN OPPOSITION SAY NAY? ALL CONGRATULATIONS.
UM, YOU HAVE NOMINATION FOR THE PRO TE EZ.
I'D LIKE TO, UH, NOMINATE MANNA COMMISSIONER MANNA.
UM, I ABSTAIN, OR ACTUALLY I PREFER NOT TO BE ELECTED.
IF I CAN, IF I CAN, IF I CAN PULL OUT, THAT WOULD BE MY, I NOMINATE BRAGMAN COMMISSIONER BRAGMAN.
SHE HAD, SHE HAD TEXTED ME AND ASKED THAT, UH, SHE WOULD BE WILLING TO SERVE AGAIN.
I SECOND, SECOND BY COMMISSIONER BENAVIDEZ? NO.
ANY OTHER, UH, NOMINATIONS? ALL RIGHT.
UH, IF YOU ARE GOOD WITH IT, SAY AYE, PLEASE.
CONGRATULATIONS COMMISSIONER BRAGMAN.
AND, AND THANK YOU ALL FOR, FOR THE VOTE, BUT THANK, UH, BUT THANK, THANK YOU.
ALRIGHT, WE'RE ON ITEM NUMBER TWO.
UH, AND I UNDERSTAND THEY ASKED FOR A CONTINUANCE TO MARCH 9TH.
YEAH, WE HAVE IT IN THE DIFFERENT ORDER.
OKAY, SO IT'S ITEM NUMBER THREE.
UM, I'LL READ THIS INTO THE RECORD REAL QUICK.
ITEM NUMBER THREE FOR BO O 8 25 1 0 3 0 0 2 55.
UM, FOR A 20, UH, FOR A 15 FOOT REAR SETBACK FOR A BARBED WIRE FENCE AND A UDC ACCESSORY STRUCTURE, UH, VARIANCE LOCATED AT 1 54 BABCOCK.
THEY'RE REC, UH, REQUESTING A TWO WEEK CONTINUOUS, UM, TO FEBRUARY, UH, 21ST.
SO WAS THIS BEFORE THE BOARD? ONCE BEFORE IT WAS, IT HAD TO GET READVERTISED BECAUSE OF, UH, WE HAD TO AD FOR, UH, BARBED WIRE SETBACK.
IS AND, AND IS THIS GONNA PUSH OUR CASELOAD TO 18 FOR THE 23RD? CORRECT.
HOW HOW'S, UH, MARCH 9TH LOOKING? I BELIEVE WE HAVE NINTH.
UH, YEAH, BOTH WERE ACCEPTABLE TO THE APPLICANT EITHER THE 23RD OR, OR MARCH 9TH.
UH, AND RIGHT NOW WE HAVE A CASELOAD ABOUT NINE CASES FOR MARCH 9TH.
WELL, I'LL LEAVE WHOEVER MAKES A MOTION TO PICK A DATE.
I EVEN KNOW THAT WE DO ALREADY HAVE 17 FOR TWO WEEKS FROM NOW.
UH, SPEAKER FOR ITEM NUMBER THREE.
SPEAKER COME UP, MRS. MALDONADO BAL BIANCA MALDONADO WITH MONTICELLO PARK NEIGHBORHOOD ASSOCIATION.
THANK YOU FOR THE OPPORTUNITY TO SPEAK.
YES, THIS IS A CONTINUED CASE AND IF I HAD TO WEIGH IN, I WOULD SAY PLEASE PUSH TO THE MARCH DATE.
WE WOULD PREFER THAT IT WOULD MAKE OUR SCHEDULE EASIER, BUT I WOULD WANNA FILL YOU IN ON SOMETHING THAT IS INSTRUMENTAL IN THE NOTIFICATION AND HOW CASES ARE MANAGED.
SPECIFICALLY THIS PARTICULAR CASE.
SO, AS YOU KNOW, IT WAS CONTINUED FROM DECEMBER.
GAVE US AN OPPORTUNITY TO MEET WITH THE APPLICANT.
UM, THERE WAS A NEW CASE MANAGER AND SO ON WEDNESDAY, UM, I WAS NOTIFIED AS A REGISTERED NEIGHBORHOOD ASSOCIATION
[00:10:01]
WITHIN 200 FEET OF THIS CASE THAT THERE WAS A NEW CASE MANAGER.AND I ASKED THE NEW CASE MANAGER, ARE YOU THE NEW CASE MANAGER? 'CAUSE I, YOU KNOW, YOU JUST ASSUME, I GUESS WHEN YOU GET A NEW EMAIL THAT THAT MIGHT BE THE PERSON AND COULD YOU PLEASE LET ME KNOW IF THIS CASE IS GONNA BE CONTINUED ON MONDAY? AND I NEVER GOT A RESPONSE.
SO I TREATED IT AS THOUGH THERE WERE NOT GONNA BE THE OPPORTUNITY TO LEAVE A VOICEMAIL.
SO ONCE VOICEMAILS ARE REMOVED, I WOULD'VE TAKEN OFF TIME TO COME ALL THE WAY DOWN HERE TO FIND OUT THAT THIS CASE WAS CONTINUED BECAUSE STAFF FAILED TO COMMUNICATE WITH US.
SO I JUST WANNA TELL YOU THE VALUE OF VOICEMAILS AND HOW THEY'RE AN INTEGRAL PART FOR PEOPLE TO BE ABLE TO ENGAGE IN THEIR PUBLIC GOVERNMENT AND THEIR GOVERNMENT IN THESE CASES.
AND HOW I KNOW YOU CONSIDER OUR OPINIONS, ESPECIALLY WHEN CASES ARE CONTINUED FOR THOSE COMMENTS TO BE ABLE TO OCCUR.
AND SO IT IS VERY IMPORTANT FOR STAFF TO ENGAGE WITH US IN A TIMELY MANNER.
AND I ALSO WANTED TO LET YOU KNOW, PUBLIC COMMENTS WASN'T ON YOUR AGENDA.
SO IF I WANTED TO MAKE A COMMENT ABOUT BOARD OF ADJUSTMENT VOICEMAILS IN GENERAL, NOT PERTAINING TO THIS CASE, I WOULDN'T HAVE BEEN ABLE TO DO SO TODAY BECAUSE IT'S NOT NOTICED ON YOUR AGENDA.
THANK YOU FOR THAT MANNA COMMISSIONER.
SO, SO I HAVE, SO IT'S BEEN A LITTLE BIT, SO, SO I DID GET A NOTICE WITH REGARDS TO THE CITY THAT WE'RE GONNA STOP, UM, PUBLIC COMMENTS, UH, UH, I GUESS IN APRIL, CORRECT? YEAH.
UH, IT'S THE INFORMATION, UH, WE'RE GONNA PUT OUT, WE PUT OUT ONLINE.
UH, WE'RE ALSO GONNA PUT IT OUT THERE IN THE DIRECTOR'S REPORT.
AND THAT'S VOICEMAILS ONLY JUST FOR CONTEXT.
SO, UM, SO I GUESS, YOU KNOW, SO I KNOW THAT MONTICELLO, UH, AND, AND YOU KNOW, OTHER COMMUNITIES, UM, YOU KNOW, IN AND AROUND YOU THAT ARE ESTABLISHED NEIGHBORHOODS, YOU KNOW THAT IT IS ONE OF THE PRIMARY MEANS THAT IT IS FEEDBACK IS PROVIDED TO SEVERAL OF THE GROUPS INCLUDING US.
SO, SO JUST WANNA UNDERSTAND WHAT THE IMPACT OF, OF THAT IS.
AND THEN THE SECOND QUESTION ON TOP OF THAT IS, DO WE, IN THE PAST WE HAVEN'T REALLY OPENED, UM, A PLACE FOR COMMENTS FOR THIS BOARD? AND IS THAT SOMETHING THAT WE SHOULD, SHOULD CONSIDER? I GUESS MAYBE COMING BACK TO THAT.
YEAH, I KNOW THAT OTHER BOARDS I'VE BEEN ON HAVE DONE THAT.
UM, IF I THINK THAT IF THERE'S SOMEBODY I PERSONALLY THINK THAT THINK THAT IF THERE'S SOMEBODY WHO WOULD LIKE TO MAKE A COMMENT ABOUT OUR BOARD IN GENERAL, UM, HAVING A A A PLACE TO DO IT ISN'T, I'M NOT OPPOSED TO IT.
I DON'T KNOW IF THAT'S BECAUSE WE'RE OF WHAT WE DO HERE.
IS THAT SOMETHING THAT IS ALLOWED OR NOT ALLOWED? WE CAN, UH, THIS IS JOE FARNEY, CITY ATTORNEY'S OFFICE.
BOA TRADITIONALLY HAS NOT HAD A GENERAL PUBLIC COMMENT SECTION, UH, UH, BECAUSE OF JUST THE, THE NATURE OF THE SPECIFIC SPECIFICITY OF THE, OF THE CASES.
UM, BUT IF THAT'S SOMETHING YOU WOULD LIKE US TO ENTERTAIN, WE CAN TAKE A LOOK AT THAT.
I JUST WANNA BE CAREFUL ABOUT HOW IT'S DONE TO MAKE SURE IT'S, YOU KNOW, THAT THE COMMENTS ARE NOT YEAH, THAT'S BEEN THE ISSUE AS FAR AS COMMENTS GERMANE TO, UM, YOU KNOW, AN AGENDA ITEM, UM, AS OPPOSED TO, FOR INSTANCE, CITY COUNCIL, WHICH HAS THE PUBLIC COMMENTS ON WEDNESDAY EVENINGS WHERE BASICALLY YOU CAN SAY, TALK ABOUT ANYTHING.
I THINK THAT, I THINK IT WOULD BE IMPORTANT IF WE HAD SOMETHING ON OUR AGENDA THAT WASN'T A VERY SPECIFIC ITEM, LIKE PERHAPS, UH, MAYBE AN APPEAL THAT WOULD HAVE SOME, IF THERE WAS AN APPEAL ON OUR AGENDA THAT MAYBE HAD SOME SORT OF LONG-TERM EFFECT ABOUT HOW THE CITY DOES STUFF, OR MAYBE WHEN WE HAD, WHEN UDC AMENDMENTS, THAT WOULD BE A GOOD TIME TO DO THAT BECAUSE I KNOW OUR BOARD DOES RECOMMEND SOME OF THOSE.
UH, UM, I WOULD LIKE JUST FOR YOU TO FIND OUT AND THEN WE'LL, WE'LL TAKE IT TO A VOTE.
I'M NOT GONNA MAKE THAT DECISION.
I'D LIKE THE THE COMMISSION TO VOTE AS WHETHER OR NOT THEY'D LIKE TO OPEN THAT UP AND MAN, SO, AND, AND ONE QUESTION.
YOU KNOW, LIKE WE REGULARLY SEE CASES ON FENCE HEIGHTS AND, AND YOU KNOW, ON THE FRONTS OF PROPERTY AND, AND CORRUGATED METAL FENCING.
AND SO IT MAY BE GOOD TO GET COMMUNITY WEIGH IN WITH REGARDS TO OVERALL THE POSITION, YOU KNOW, FOR, FOR, WE'LL SAY A LOT OF THE THINGS THAT WE HAVE THAT ARE REPETITIVE AND KIND OF HERE THE COMMUNITY'S PERSPECTIVE, YOU KNOW, VERSUS, YOU KNOW, WE'LL SAY THE, KINDA THE ONE-OFFS.
AND, AND I DON'T KNOW IF WE JUST HAVE A MEETING WHERE WE JUST SAY, AN AGENDA ITEM IS LET'S TALK ABOUT, YOU KNOW, CORRUGATED METAL FENCING, YOU KNOW, SO THAT, SO THAT WE ARE REALLY LISTENING TO THE CITIZENS AS THEY COME THROUGH.
I KNOW WE HAVE, UH, WE'RE GONNA HAVE THOSE SUGGESTED ITEMS FOR UDC AMENDMENTS THAT WE'VE PULLED TOGETHER FOR BOA CASES, ESPECIALLY THE ONES THAT ARE REPETITIVELY APPROVED IN THE SAME SCENARIO.
AND WE'RE GONNA SUGGEST THAT TO THE BOARD.
UH, OBVIOUSLY THAT WOULD BE AN OPPORTUNITY TO WHAT, WHAT, IS THERE A TARGET DATE FOR US TO ENTERTAIN THAT? UH, WE DON'T HAVE A TARGET DATE YET.
DOES THIS BOARD WANNA SET UP A COMMITTEE, UH, TO, TO DO THAT SORT OF THING TO AT LEAST HAVE ONE MEETING TO DISCUSS THAT? I CAN SHARE THAT PART.
SO I'M, I'M GONNA, I'M GOING TO TELL YOU WHAT I'M GONNA MOVE TO ADD TO THE AGENDA FOR NEXT WEEK, UH, TO SET A, A DATE FOR A, UM, A, A BOARD WORKSHOP TO DISCUSS POTENTIAL CHANGES TO THE UDC, IF WE COULD GET THAT ON NEXT WEEK'S AGENDA.
IS THERE A SECOND TO THAT? SECOND? OKAY.
WE HAVE A MOTION AND A SECOND.
ANY OPPOSED? UH, HEARING NONE.
SO LET'S GET THAT ON THE AGENDA TO SET A DATE FOR A, A WORKSHOP.
UM, YOU KNOW, IF, IF ANYBODY ON THIS BOARD WOULD LIKE
[00:15:01]
TO ATTEND THAT WORKSHOP, PLEASE NOTIFY STAFF SO WE CAN GET A DATE, YOU KNOW, LOCKED IN.UM, I KNOW IT'LL BE IN, I KNOW I HAVE A LIST, SO, ALL RIGHT.
AND THEN FOR THE SECOND, OR FOR THE FIRST QUESTION WITH REGARDS TO, UH, PUBLIC COMMENT, UM, UM, YOU KNOW, SO THAT, SO THEY CAN BE RECORDED, SO THANK YOU.
YEAH, MAYBE, MAYBE WE DO IT ONCE, ONCE EVERY TWO MONTHS OR SOMETHING.
ONE MEETING EVERY TWO MONTHS OR EVERY THREE MONTHS JUST TO NOT TO HAVE IT ON EVERY SINGLE MEETING.
YOU WANT ME TO ANSWER YOUR QUESTION? I'M SORRY.
UM, I WILL TELL YOU, I CAN'T IMAGINE THAT EVERYBODY HAS THE FLEXIBILITY TO TAKE OFF TIME AND FROM WORK TO COME DOWN HERE.
AND I DON'T KNOW THAT EVERYBODY COULD STAND UP HERE AND SPEAK QUITE SO ELOQUENTLY SOMETIMES AS THEY DO IN VOICEMAILS.
THERE ARE PEOPLE WHO FEAR PUBLIC SPEAKING.
AND I BELIEVE THAT, YOU KNOW, IN HISTORY, IF YOU LOOK AT IT, PUBLIC ENGAGEMENT AS A WHOLE HAS INCREASED WITH THE NUMBER OF VOICEMAILS AND THE OPINIONS YOU'VE BEEN ABLE TO RECEIVE FROM PEOPLE.
AND I'LL BE FRANK, UM, AT TIMES WHEN YOU SUBMIT INFORMATION TO STAFF, IT IS NOT CONVEYED IN THE SAME MANNER THAT IT IS PRESENTED TO THEM, NOR IS IT COMMUNICATED TO YOU IN A TIMELY MANNER.
UM, AND THAT GOES ACROSS ALL BOARDS AND COMMISSIONS.
AND, AND SO I HAVE EXAMPLES, BUT THIS IS NOT THE TIME OR PLACE FOR THAT.
BUT OBVIOUSLY IT IS SOMETHING TO BE MINDFUL OF THAT VOICEMAILS YOU HEAR FROM THAT PERSON, AND I THINK Y'ALL HAVE A GENEROUS AMOUNT.
OTHER COMMISSIONS ALLOW TWO MINUTES.
SO, UH, THEY, BUT THEY DO VALUE IT.
SO IT IS UNFORTUNATE THAT THERE IS A PROPOSED CHANGE ON THE TABLE THAT OCCURRED WITHOUT PUBLIC INPUT.
UM, AND I, I DON'T KNOW WHO I'VE ASKED, BUT, BUT I KNOW THAT, UM, THANK YOU.
SO, SO, AND I KNOW THAT WE'VE HAD SOME CHALLENGES IN THE PAST WITH REGARDS TO, AS WAS MENTIONED, THE TIMELINESS OF THE, OF THE WRITTEN COMMENTS.
AND SO, SO IF IT IS THAT WE'RE REMOVING ONE OF THE AVENUES FOR SAID FEEDBACK OR, OR INPUT FOR OUR CASES, WE SERIOUSLY NEED TO RATCHET UP OUR, THAT COMMUNICATION SO THAT WE DO HAVE IT TIMELY AND AS AVAILABLE AS POSSIBLE AS SOON AS, YOU KNOW, REALLY WHEN IT COMES IN.
UM, ESPECIALLY WHEN WE HAVE CASES WHERE WE HAVE A HUNDRED PEOPLE IN THE PAST WHERE WE HAD A HUNDRED PEOPLE COMMENT, YOU KNOW, RECEIVING THAT THE MORNING OF IS NOT GONNA BE ACCEPTABLE.
AND ESPECIALLY WHEN IT IS THAT, YOU KNOW, IT, UM, YOU KNOW, ANYWAYS, SO, SO WE DID NEED TO FIGURE OUT HOW TO MANAGE THAT.
AND JUST KEEP IN MIND THAT THE CUTOFF IS AT 10 O'CLOCK IN THE MORNING, AND THE MAJORITY OF VOICEMAILS AND PUBLIC RESPONSES THAT WE GET FOR SOME REASON COME DOWN TO THE WIRE.
UM, WHILE THAT'S DONE, I CAN'T SPEAK TO THAT, BUT, UH, STAFF DOES TRY.
AS SOON AS WE GET 'EM, WE TRY TO COMPILE 'EM UP AND SEND 'EM OUT TO THE BOA, UM, AS SOON AS WE CAN.
SO I, I WILL COMMENT THAT THAT'S, WE NEED ANOTHER ANSWER THAT'S NOT THE RIGHT ANSWER.
AND SO MY ANSWER WOULD BE THAT WE HELP WITH THE COMMUNITY TO ENSURE THAT, LET 'EM KNOW THAT WE NEED THEIR FEEDBACK AS SOON AS POSSIBLE.
AS SOON AS IT'S MADE AVAILABLE TO THE CITY, I THINK IT SHOULD BE AVAILABLE TO EVERYBODY ON STAFF.
AND IT IS, AND IT ISN'T A 11TH HOUR DELIVERY, IT'S REALLY AS NEEDED OR AS IT COMES IN.
SO THE NEXT ITEM THAT WAS REQUESTING A CONTINUOUS IS THIS, UH, THIS.
DO WE OFFICIALLY CONTINUE THIS TO? NO, NOT YET.
SO WE HAVE A, WE'RE LOOKING FOR A MOTION TO CONTINUE TO MARCH 9TH.
ANY OPPOSED? HEARING NONE, UH, CASES CONTINUED.
UH, WHAT DOES THE NEXT ITEM AND ITEM NUMBER FOUR, BO 8 25 0.
UH, FOR A 12 FOOT VARIANCE FOR THE, UH, 13 FOOT CORNER, CLEAR VISION AND A FENCE ENTRANCE OF NINE FOOT ON 10 38 SHERMAN STREET.
UH, STAFF RECOMMENDING, UH, APPROVAL FOR THE FIRST ONE.
CLEAR VISION DENIAL FOR THE SPECIAL EXEMPTION.
UH, REQUESTING A CONTINUANCE TO MARCH 9TH.
NO PUBLIC COMMENT ON THIS ONE.
O'NEILLS MOTION TO MOVE TO MARCH 9TH.
SO NOW WE ARE ON ITEM NUMBER TWO.
UH, THIS IS MARCO MBI, PRINCIPAL PLANNER.
ITEM NUMBER TWO IS BO O 8 25 1 0 3 0 0 0 0 7, UM, AND LOCATED AT ONE 18 PARKVIEW.
THIS IS FOR A, UH, VARI FOR, UH, DEVELOPMENT ON A 26 80 SQUARE FOOT LOT AND 37 UH, FOOT LOT WIDTH.
SUBJECT PROPERTY IS LOCATED AT ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION.
UM, ONE KEY THING ABOUT THIS ONE, UH, THIS WAS APPROVED BY THE BOARD OF ADJUSTMENT ON SEPTEMBER 30TH.
HOWEVER, A GREATER VARI FOR SQUARE FOOTAGE AND LOT WIDTH IS REQUIRED, UH, BY HALF AN INCH.
AND I BELIEVE IT WAS OFF BY ABOUT 200, UH, SQUARE FEET,
[00:20:01]
UM, FOR THE LOT SIZE.UH, THESE ARE OHP COMMENTS, PROBABLY LOCATED AT MISSION HILL.
EXTERIOR MODIFICATION, NEW, UH, CONSTRUCTION WILL REQUIRE OHP APPROVAL, APPROVED SITE PLAN AND MATERIAL SUBMITTED PARTY APPLICATION.
AND ON JUNE 4TH, 2025, UH, HDRC APPROVED THE REQUEST FOR A TWO STORY NEW CONSTRUCTION.
THIS IS THE SITE PLAN, HISTORICAL PICTURE AND CURRENT VIEW.
THERE IS A SAWS, UH, FACILITY TO THE NORTH, UH, STAFF RECOMMENDS APPROVAL.
THIS REQUEST WILL NOT ALTER, WILL NOT ALTER THE ESSENTIAL CHARACTER IN THE NEIGHBORHOOD AS THE NEIGHBORHOOD BLOCK FACE PREDOMINANTLY COMPRISED OF SUBSTANDARD LOTS AND PROPERLY MAINTAIN ALL OTHER DOMESTIC REGULATIONS, SETBACK REQUIREMENTS BY THE R FIVE ZONING DISTRICT.
NONE RETURN IN FAVOR OR OPPOSITION, AND NO RESPONSE FROM THE ROOSEVELT NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES STATUS PRESENTATION AND APPLICANT IS PRESENT.
MR, CAN YOU CHECK, CAN YOU SHOW WHERE THE, UM, OPPOSITION IS? BECAUSE IT'S NOT SHOWING ON OURS.
THERE'S, WE DID NOT RECEIVE ANY, UH OH, NO OPPOSITION? NO, MA'AM.
NOT EVEN FROM THE NEIGHBORHOOD ASSOCIATION? NO, MA'AM.
SO DID, UM, THE CITY HAS ALLOWED FOR SOME, UH, I GUESS TO ALLOW SOME ADMINISTRATIVE VARIANCES.
WHAT IS IT? ARE THERE, IS THERE A PERCENTAGE OR A NUMBER? UH, WE ARE LIMITED TO A SIX INCH FOR SETBACK OR HEIGHT PURPOSES.
UM, THAT'S ALL WE ARE PERMITTED TO DO ADMINISTRATIVELY, NOT SQUARE FOOTAGE.
ALRIGHT, SO THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
I, UM, THE HOMEOWNER OR THE PROPERTY OWNER AT 1 1 8 PARK VIEW DRIVE.
AND, UH, THERE ACTUALLY WAS SUPPORT PREVIOUSLY WHEN I, FROM THE ROOSEVELT, UH, NEIGHBORHOOD PARK ASSOCIATION PREVIOUSLY.
SO, UM, BUT YEAH, IT'S JUST FOR A NEW CONSTRUCTION PROJECT.
AND SO, AND WHAT WAS THE SIZE LAST TIME THAT WE APPROVED? IT WAS OFF A LITTLE 47 50.
SO IT WENT FROM TWO AT TWO 50 TO THREE 20? MM-HMM
ANY QUESTIONS FROM THE COMMISSION? HEARING NONE.
STEVENS COMMISSIONER ZUNA? YEP.
REGARDING CASE NUMBER BO OA DASH 26 DASH 0 3 0 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS REQUEST FOR ONE AN EIGHT FOOT VARIANCE FROM THE MINIMUM 45 FOOT LOT WIDTH TO ALLOW DEVELOPMENT ON A 37 FOOT LOT WIDTH AND TWO OR 320 SQUARE FOOT VARIANCE FROM THE MINIMUM 5,000 SQUARE FOOT LOT TO ALLOW DEVELOPMENT ON A 4,680 SQUARE FOOT LOT SITUATED AT 1 1 8 PARKVIEW DRIVE.
APPLICANT BEING ANISA ALVARADO BECAUSE THE TESTIMONY PRESENTED TO US, THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACT OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT WHEN THE VARIANCE IS NOT CONTRACT TO PUBLIC INTEREST, STEPH FINDS THIS REQUEST IS NOT CONTRACT TO PUBLIC INTEREST.
AS THE APPLICANT WILL PRESERVE THE NEIGHBORHOOD CHARACTER BY ADHERING TO ALL OF THE LOT DEVELOPMENT STANDARDS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT WOULD PREVENT REASONABLE DEVELOPMENT THAT IS CONSISTENT WITH THE CHARACTER OF THE SURROUNDING AREA, DESPITE THE PROPOSED HOME COMPLYING WITH THE MINIMUM SETBACK REQUIREMENTS AND OTHER LOT DEVELOPMENT STANDARDS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WOULD SUPPORT THE SPIRIT OF THE ORDINANCE, WHICH IS TO PROVIDE, PROVIDE SUFFICIENT SEPARATION BETWEEN PROPERTIES WITH MINIMUM LOT SIZE, WIDTH, AND SETBACK REQUIREMENTS.
THE APPLICANT INTENDS TO OBSERVE ALL THE REQUIREMENTS OF THE R FIVE ZONING.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN, OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED THE ZONING DISTRICT.
WHEN THE VARIANCE IS LOCATED, NO USES OF THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS VARIANCE.
FIVE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE LOTS SIZE AND WIDTH ARE REASONABLY SIZED TO DEVELOP THE PROPOSED OF FAMILY HOME WHILE MAINTAINING ADEQUATE SEPARATION FROM ADJACENT PROPERTIES FOR THE PURPOSE OF MAINTAINING ACCESS.
WATER RUNOFF IN FIRE SAFETY SIX, APPLY TO THE OWNER OF THE PROPERTY FOR THE VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED, BUT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS.
THE DISTRICT IN WHICH THE PROPERTY IS LOCATED, STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY FOR THE VARIANCE OF SALT.
THE VARIANCES ARE SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THE NARROW WIDTH OF THE LOT LIMITS THE ABILITY TO MAKE THE MINIMUM SQUARE FOOTAGE REQUIRED BY THE R FIVE ZONING DISTRICT.
SECOND BY COMMISSIONER STEVENS.
I'LL BE SUPPORTING THE MOTION AS READ WITH THE, WITH THE TWO VARIANCE REQUESTS.
UH, OBVIOUSLY AFFORDABLE HOUSING IS SO IMPORTANT AND NEEDED IN THE COMMUNITY.
UH, THIS PROVIDES THE ABILITY TO DEVELOP A LOT, UH, WITH THE VARIANCE BEING VERY
[00:25:01]
MINIMAL ON A, ON A PERCENT BASIS, UM, TO ALLOW THE DEVELOPMENT TO MOVE FORWARD.AND WE'VE, UH, THE, THE, THIS PROJECT HAS BEEN BEFORE THE BOARD PRIOR WITH, UH, VARIANCES ALL APPROVED.
SO NEEDING THESE, UH, ADDITIONAL VARIANCES TO GET THE PROJECT APPROVED.
COMMISSIONER UNAS APPEARS TO BE A PRIME LOT FOR INFILL DEVELOPMENT, SO I'LL BE IN SUPPORT.
ANYONE ELSE LIKE TO ADD HEARING NONE US HAVE A VOICE.
I MEAN A ROLL CALL VOTE PLEASE.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER POES? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
OKAY, UH, NEXT ITEM IS ITEM NUMBER FIVE.
JUST ITEM NUMBER FIVE IS BO OA TWO DASH UH DASH TWO FIVE DASH 1 0 3 0 0 2 82.
THE APPLICANT IS ARTEMIS MOORE.
IT IS IN COUNCIL DISTRICT ONE.
THE LOCATION IS 3 7 1 EVEREST AVENUE, LOT 89 N CCB 1 11 8 9 0.
THE ZONING IS R FOUR AND I'M THE CASE MANAGER, SEAN SHEELEY.
THE REQUEST IS FOR A 14 FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A SIX FOOT REAR SETBACK LIMITED TO THE NORTH 28 FEET OF THE PRIMARY STRUCTURE.
THE SUBJECT PROPERTY IS LOCATED ALONG THE END OF THE BLOCK FACE NEAR THE CORNER OF EVEREST, UH, AVENUE AND WEST TERRA ALTA.
THE PROPERTY IS SURROUNDED BY OTHER SINGLE FAMILY AND MULTIFAMILY USES.
THE PROPERTY WAS SPLIT FROM THE ADJACENT LOTS OF THE NORTH THROUGH A REPL IN 2014.
DUE TO CONFIGURATION OF THE LOTS ON THIS, UH, UH, BLOCK.
THE SUBJECT'S PROPERTY REAR YARD ABUTS THE WEST ADJACENT PROPERTY SIDE YARD.
THE APPLICANT REQUESTS A VARIANCE TO REDUCE THE MINIMUM REQUIRED REAR SETBACK OF THE PROP, UH, PROPERTY TO ACCOMMODATE A PROPOSED ADDITION TO THE REAR OF THE EXISTING HOME.
THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREA STAFF RECOMMENDS NOW IN BO 8 2 5 DASH 1 0 3 0 0 2 82 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED REDUCTION OF THE SETBACK, WHICH RESULT IN A REDUCTION OF PRIVACY FOR THE REAR PROPERTY LOTS AND THE PROPOSED REDUCTION OF THE SETBACK WOULD LEAD TO A GREATER, UH, RISK OF FIRE SPREAD.
28, UH, NOTICES WERE MAILED ZERO IN FAVOR, ZERO TO OPPOSITION.
AND THE OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
THAT'S THE END OF THE, UH, PRESENTATION.
ALL RIGHT, THANK YOU VERY MUCH.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
I'M ARTEMIS MOORE AND, UM, THE PROJECT IS, UM, A MASTER BEDROOM ON THE BACKSIDE OF THE, UH, GARAGE.
UM, OBVIOUSLY THAT WOULDN'T BE VISIBLE TO THE FRONT OF THE, UM, OF, UH, 3 7 1, UH, EVEREST.
UH, SO IT'S NOT VISIBLE FROM THE ROAD.
UM, SO IT WOULDN'T, UH, CHANGE HOW EVERYTHING LOOKS IN THE NEIGHBORHOOD PER SE.
UM, THIS PROJECT IS, UM, IS GOING TO ADD ANO AN ADDITIONAL, UH, 300 SQUARE FEET, UH, TO THE, UH, PROPERTY APPROXIMATELY 300, 350 SQUARE FEET, WHICH WOULD ADD SOME VALUE TO THE PROPERTY.
UH, I I'M JUST GONNA START WITH A, UM, A COUPLE QUESTIONS.
IS THE, IS THE, THE GREENERY IN THE BACK IS, IS THAT UM, GRASS OR IS THAT TURF? IT'S TURF.
AND, AND HOW IS THIS PROJECT GONNA AFFECT THE TWO DOWNSPOUTS THAT ARE SHOWN IN THE PICTURE? SO HOW IS IT AFFECTING, WHAT EXACTLY? WELL, THE PICTURE SHOWS THAT THERE'S A DOWNSPOUT, UH, APPARENTLY WHERE, WHERE THE ADDITIONS, THERE'S TWO DOWNSPOUTS THAT ARE COLLECTING FROM THE APPARENT FLAT ROOF.
UH, THEY JUST, IS THE ROOF GOING TO, IS THAT GONNA MAINTAIN OR ARE THEY GONNA, SO THE ROOF WILL BE MAINTAINED EXACTLY THE WAY THAT IT IS? UM, IT, THE, THE ADDITION WOULD TAKE PLACE, UM, IN TERMS OF, IT'LL BE THE SAME HEIGHT AS, AS THE ROOF THAT IS IS RIGHT NOW.
THE ADDITION WILL SIMPLY COME OUT TO WHERE YOU SEE THAT, THAT ACTUALLY IT'S PERFECTLY YEAH, THE RED LINE WHERE THEY, THEY DO IT LIKE THAT, THAT'S, THAT SPOUT WOULD HAVE TO GO.
THE ONE NEXT TO THE, UH, TO THE, UH, WINDOW RIGHT THERE.
THAT ONE WOULD HAVE TO GO THAT ONE.
UM, HOWEVER, UH, EVERYTHING ELSE STAYS THE SAME.
THE PROJECT WILL SIMPLY GO STRAIGHT ACROSS FROM THERE.
THE REASON WHY I ASK IS, UH, A LOT OF THE TIMES DRAINAGE IS A BIG CONCERN AND SO POINT DISCHARGE OFF TO, UH, DOWNSPOUTS IF THEY WERE GONNA BE MAINTAINED AS A, AS THIS ADDITION WERE TO OCCUR.
[00:30:01]
THAT'S MOVING IT REALLY, REALLY CLOSE, UH, TO THE NEIGHBOR'S FENCE.AND I WAS JUST CURIOUS TO SEE HOW, HOW THAT WAS, WOULD BE HANDLED.
UM, 'CAUSE WITH IT BEING TURF, IT'S JUST GOING TO SHOOT OUT IN A CONCENTRATED MANNER.
SO IN TERMS OF THE, UH, THE TURF AS IT IS RIGHT NOW, I KNOW THAT IT'S THERE NOW.
HOWEVER, THE PLAN IS TO GET RID OF THE TURF ALTOGETHER.
AND THEN FINALLY, A QUESTION FOR STAFF.
THIS EDITION LOOKS LIKE IT'S GETTING RID RID OF THE, THE REAR DOOR.
DOES THE INTERNATIONAL RESIDENT RESIDENT CODE, DO THEY STILL REQUIRE A REAR DOOR AT A, AT A RESIDENCE? 'CAUSE I DON'T SEE ONE ON THE, WHEN YOU SAY IT'S GETTING RID OF THE REAR DOOR, UM, THAT DOOR GOES ALL THE WAY ACROSS, UM, THE BACKSIDE OF THAT, THAT, THAT, THAT PROPERTY.
IT, IT'S, IT'S VERY, VERY WIDE.
SO THERE'S, THERE'S A DOOR, UH, THERE AND THEN THERE'S AN ADDITIONAL DOOR ON THAT SIDE.
WE'RE GETTING RID OF ONE OF THE DOORS.
THAT'S CLOSEST TO I'M, I'M THE GARAGE.
AND NEXT IN BETWEEN, UM, THE DINING, UH, TABLES MM-HMM
IT LOOKS LIKE THERE'S A, A PURPLE ARROW POINTING TO WHERE, WHERE I THINK YES.
SO IT LOOKS, THERE IS ANOTHER DOOR GOING TO THE REAR YARD, CORRECT.
TO THE, TO THE, TO THE LEFT OF THAT PURPLE ARROW.
THERE'S, THERE'S ANOTHER DOOR RIGHT THERE.
ANY OTHER COMMISSIONER QUESTIONS? YEAH.
UH, FOR THE, FOR THE REAR THERE, I KNOW CITY HAD SAID THAT MAYBE THIS WAS INTRUDE ON PRIVACY OF, OF THE NEIGHBOR.
UH, BUT THIS IS YOUR REAR YARD AND THEN THAT, THAT FENCE THERE, IS THAT THEIR REAR YARD AS WELL? CORRECT? RIGHT.
UM, THEN DO YOU HAVE ANY WINDOWS PLANNED TO BE PUT ON THAT, THAT REAR ELEVATION? ANY WINDOWS THAT BE ON THAT? SO THERE'LL BE WINDOWS ON THE NEW ADDITION.
UM, THE, WHERE YOU SEE THE BLUE, UM, LINES THAT IS, UM, THAT'S GONNA BE A DOOR RIGHT THERE, THAT, THAT GOES OUT TO THE COURTYARD.
AND THEN THERE, UM, IN TERMS OF THE, UH, WINDOW, UM, ON THE, ON THE, ON THE WALL CLOSEST TO THE FENCE, THERE'LL BE ONE RECTANGULAR WINDOW RIGHT THERE.
AND THEN YOU GOT A PRIVACY FENCE THERE, SO, OKAY.
ALRIGHT, ANY OTHER QUESTIONS? MANNA, COMMISSIONER MANNA? SO, SO, UM, IF YOU'RE BRINGING UP LIKE ONE STOP OR AN OVERHEAD VIEW, I JUST WANNA CONFIRM.
SO, SO, SO WHERE IT IS THAT THIS, UH, ADDITION IS GOING TO, UH, IS BEING PROPOSED, UM, BASICALLY, UM, ABUTS TO THE BACKYARD OF THE PERSON BEHIND THEM, WHICH IS MOSTLY, UH, UH, UNDEVELOPED, CORRECT.
SO, SO VERY LARGE OPEN SPACE IN THE BACK.
I JUST WANNA MAKE SURE THAT I UNDERSTOOD THAT CORRECTLY, CORRECT? MM-HMM
UH, ANY OTHER QUESTIONS? IS THERE ANY ONE TIME TO SPEAK? UH, NO PUBLIC COMMENT.
STILL LOOKING FOR THE, UH, IBC CODE FOR REQUIREMENT OF THE REAR DOOR.
UM, SO I DON'T, WELL THE APPLICANT MENTIONED THAT THERE WAS AN ADDITIONAL DOOR.
I JUST WANTED TO MAKE SURE THAT, OKAY.
I'M SURE, BUT NO PUBLIC COMMENT DURING PERMITTING THAT'LL COME UP, I'M SURE.
WELL IF THERE'S NOTHING ELSE, UM, I'M LOOKING FOR A MOTION EZ COMMISSIONER EZ REGARDING CASE NUMBER BO 8 2 5 1 0 3 0 0 2 8 2.
I MOVED AT THE BOARD OF ADJUSTMENT GRANT A, A REQUEST FOR A 14 FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A SIX FOOT REAR SETBACK LIMITED TO THE NORTH 28 FEET OF THE PRIMARY STRUCTURE SITUATED 3 71 EVEREST AVENUE APPLICANT BEING ARTEMIS MOORE.
BECAUSE THIS TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
IN THIS CASE, THE REQUEST WOULD SUPPORT THE PUBLIC INTEREST AS THE REDUCTION IS MODEST AND WOULD LEAVE ADEQUATE SPACE BETWEEN THE PROPERTY TO THE REAR AND IS LIMITED TO 28 FEET TO DUE TO SPECIAL CONDITIONS.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION PRESENT ON THIS PROPERTY IS THE REVERSE CONFIGURATION OF THE LOT AS COMPARED TO OTHERS ON THE BLOCK FACE.
THIS CIRCUMSTANCE DIRECTLY CONTRIBUTES TO THE LACK OF DEPTH TO ALLOW FOR ADHERENCE TO THE TYPICAL MINIMUM REAR SETBACK.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SUCH VARIANCE WOULD MEET THE SPIRIT OF THE ORDINANCE AS THE REDUCTION OF THE SETBACK IS MINIMAL AND THE PROPOSED REAR SETBACK IS GREATER THAN THE MINIMUM SIDE SETBACK THAT IS REQUIRED OF THE, OF THE LOT DIRECTLY TO THE NORTH.
THE VARIANCE, UH, WILL NOT AUTHORIZE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
GRANTING THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS AS THERE IS SUFFICIENT SEPARATION AND NO SUBSTANTIAL REDUCTION OF PRIVACY.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE SALT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
[00:35:01]
THE PROPERTY OWNER IS DUE TO THE UNIQUE CIRCUMSTANCE OF THE DEPTH OF THE REAR YARD, WHICH LEAVES LITTLE ROOM FOR ADDITIONS OR IMPROVEMENTS TO THE EXISTING STRUCTURE.SECOND BY COMMISSIONER MANOCK.
COMMISSIONER BEEZ? YEAH, I'M GONNA BE IN FAVOR OF THIS.
UH, I THINK THE APPLICANT HAD SAID THAT, YOU KNOW, AS FAR AS THE DRAINAGE CONCERNS, HE'S GONNA TAKE CARE OF THOSE.
UH, AND HE'S ALSO GONNA REMOVE THE, THE TURF, WHICH WILL HELP WITH DRAINAGE OUT IN THAT, IN THAT WAY.
UM, THERE'S, THERE'S STILL GONNA BE A REAR DOOR THERE AND HE DOES HAVE A, A ODD SHAPED LOT, UM, AND, AND IT DOES FACE, UH, DIFFERENT THAN SOME OF THE OTHER LOTS IN THAT AREA.
AND WHERE HE'S BUILDING IT IS, IS UM, FACING THEIR REAR YARD AS WELL TOO.
SO I DON'T THINK IT REALLY HAS A PRIVACY ISSUE THERE.
ALRIGHT, THANK YOU COMMISSIONER MANNA.
IS THERE ANY OTHER COMMISSIONERS I'D LIKE TO ADD? HEARING NONE.
COMMISSIONER EZ? YES, I CONCUR WITH THE FINDINGS OF THE FACT COMMISSIONER MANNA.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER BEES? YES, I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
THIS IS CASE BO OA DASH 26 DASH 1 0 3 0 0 0 0 1.
UH, THE APPLICANT IS PETER VON ZEKA.
UH, IT'S IN COUNCIL DISTRICT TWO.
THE LOCATION IS 4 0 2 8 COLONIAL SUN DRIVE.
UH, THE ZONING IS R FOUR AND THE REQUEST IS FOR A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A SIX INCH SIDE SETBACK AND A SIX FOOT VARIANCE FROM THE MINIMUM 10 FOOT FRONT SETBACK TO ALLOW FOUR FOOT FRONT SETBACK FOR A CARPORT.
THE SUBJECT PROPERTY IS LOCATED ALONG COLONIAL ON DRIVE AT THE END OF THE STREET AND OFF THE CUL-DE-SAC.
UH, THE APPLICANT PROPOSES A NEW CARPORT LOCATED OVER THE DRIVEWAY, ALTHOUGH THE HOUSE IS BUILT ALONG THE PROPERTY LINE, THIS DOES NOT APPEAR TO BE A ZERO LOT LINE DEVELOPMENT AND ANY NEW CONSTRUCTION IS REQUIRED TO ABIDE BY THE CURRENT, UH, SETBACK STANDARDS.
THE DWELLING AND SURROUNDING, UH, DWELLINGS WERE DEVELOPED PRIOR TO ANNEXATION OF THE CITY OF SAN ANTONIO IN 1994.
THE APPLICANT'S PROPOSED LOCATION FOR THE PAR CARPORT REQUIRES THAT VARIANCES FOR THE FRONT AND NORTH SIDE SETBACKS BE OBTAINED PRIOR TO PERMIT ISSUANCE.
THIS IS THE SITE PLAN AND AS YOU CAN SEE, UH, THE LOCATION ALONG THE CUL-DE-SAC AND THE SIDE AND FRONT SETBACK.
AND AS YOU CAN SEE HERE, YOU CAN SEE THE ESTIMATED PROPERTY LINE, UH, ALONG THE CUL-DE-SAC AND WHERE THE CARPORT WILL BE SITUATED.
THIS IS THE SUBJECT PROPERTY IN THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL AND BO A TWO SIX DASH 1 0 3 0 0 0 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED, THE PROPOSED REDUCTION OF THE SETBACK WOULD RESULT IN THE WATERSHED SPREADING TO THE SURROUNDING PROPERTY AND THE PROGESTIN RIGHT AWAY.
AND THE PRO PROPOSED REDUCTION OF THE FRONT SETBACK WOULD DISRUPT THE OPEN FRONT YARD AREA THAT IS CONSISTENT IN, UH, FUTURE FUTURES OF HOMES.
IN THE AREA THERE WERE 50, UH, NOTICES MAILED.
AND FOR CONTEXT, THE UH, THREE IN OPPOSITION WERE BY ONE PROPERTY OWNER.
THEY OWN ALL THREE OF THOSE PROPERTIES.
AND THEN, UH, THE APPLICANT ALSO BROUGHT IN RIGHT BEFORE THE MEETING TWO OTHER LETTERS THAT I'LL BE SHOWING WHEN HE SPEAKS.
AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET THAT, UH, THIS IS THE, UH, LETTER IN OPPOSITION FROM THAT PROPERTY OWNER OF THE THREE PROPERTIES.
AND THAT CONCLUDES STAFF'S PRESENTATION.
ALRIGHT, UH, THANK YOU VERY MUCH.
ANY, UH, QUESTIONS FROM THE COMMISSIONS FOR STAFF? MANNA COMMISSIONER MANNA? DID YOU, DID YOU SAY YOU HAD LETTERS IN UH, IN IN FAVOR? YES, SIR.
DID THEY SH IS THAT IT RIGHT THERE OR NO? WE, WE GOT THEM RIGHT BEFORE THE OH, OKAY.
SO I'M GONNA SHOW THEM ON THE SCREEN.
AND, AND SO I HAVE A QUESTION.
SO, DID THE APPLICANT SUBMIT A PLAN OR IS IT JUST AN IDEA AT THIS TIME? WELL, WE DID RECEIVE A SITE PLAN ONLY, CORRECT.
ALRIGHT, I'LL, I'LL SAVE MY QUESTIONS FOR THE APPLICANT.
THERE WAS NO CURRENT PENDING PERMIT ON THIS.
WELL, WE'LL HAVE THE APPLICANT COME FORWARD.
UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
[00:40:01]
HOW YOU SIR? HI, UH, GOOD AFTERNOON.MY NAME IS PETER FKA UHHUH AND I'M OWNER FROM THE COLONIAL SUN DRIVE, UH, TEXAS, SAN ANTONIO.
AND I GOT A, A PLAN TO PUT A CARPORT UP FRONT BECAUSE AFTERNOON THE SUN SHINES ALWAYS IT GETS KIND OF HOT AND BLESSED FOR THE HEALTH STORM.
'CAUSE SOMETIME WE GET, THE LAST TIME WE HAD A REAL HEALTH STORM OUT THERE, DAMAGE A LOT OF STUFF ON MY HOUSE TOO, ON THE SOLAR PANEL AND ON THE STUFF.
THAT'S WHY I WANT TO GET THE CARDBOARD TO PROTECT THE COST TOO.
'CAUSE MY SON JUST GOT A BRAND NEW CAR TOO.
SO, WELL, LET ME ASK YOU A COUPLE QUESTIONS.
HOW DOES YOUR PROPERTY DRAIN? DOES IT DRAIN TO THE CUL-DE-SAC OR TO THE REAR? OR NO, TO THE SIDE? TO THE SIDE.
ONE GOES TO MOST OF THE TIME HARDLY BY ME.
AND THEN THE OTHER WAY, THIS WAY THE THE NEIGHBOR.
THE NEIGHBOR, EXCUSE ME, THE NEIGHBOR.
'CAUSE HARDLY WATER COMES BY ME BY.
SO THE HOW IS YOUR, YOUR ROOF IS PITCHED, UM, LEFT, YOU KNOW, LEFT TO RIGHT.
SO YOU HAVE HALF YOUR WATER GOING TO ONE SIDE OF YOUR HOME.
THE OTHER HALF GOING TO THE OTHER SIDE, THE OTHER SIDE BY N BY BY MY NEIGHBOR.
AND THE OTHER ONE OVER THERE MORE TO THE RIGHT.
DO YOU HAVE A PLAN FOR THE CARPORT THAT YOU'D LIKE TO SHARE? YEAH, YEAH, THEY CAN.
UH, THAT'LL BECOME PART OF THE RECORD ARCHITECT.
AND THIS ONE HERE TO SEE THIS ONE, YOU SEE THIS? UH, WELL, LET'S SEE WHAT, WHAT, WHAT IS IN THERE? WHAT, WHAT I'M TRYING TO FIND OUT IS, UH, YOUR INTENT IS THE CARPORT, IS IT GONNA BE A FLAT ROOF OR A PITCHED ROOF? NO, IT'S GONNA BE FLAT, LITTLE BIT DOWN.
THAT'S THE WAY THE WATER FROM TOWARDS THE, FROM THE FRONT.
AND IS YOUR IT'S THE, YOU KNOW, THE, THE MILL SIDING YES.
THAT THE WATER DOESN'T GO TO THE NEIGHBOR.
AND DO YOU HAVE, IS YOUR CARPORT INTENDING TO GO CLOSER TO THE SIDE PROPERTY LINE THAN YOUR HOUSE OR, OR FURTHER? NO, TO THE, THE, THE LEFT SIDE.
WHEN YOU LOOK UP TO THE HOUSE, IT'D BE A LITTLE BIT INSIDE THE GROUND, BUT SOME BY MY SIDE, UH, CONCRETE.
AND NO, THANK YOU VERY, THAT'S WHAT I WAS TRYING TO FIND OUT.
ANY QUESTIONS FROM THE COMMISSION? COMMISSIONER MANNA? SO, SO THIS IS, THIS IS A ZERO LOT LINE PROPERTY, CORRECT? YEAH, THAT, SO, UM, SEE THE, WHEN YOU SEE THE FENCE LIKE THAT, THIS LITTLE PIECE, BUT THIS MUCH IS MY PROPERTY.
THIS, THE ONE ON THE, THAT HAVE A ZERO LINE LIKE THAT.
AND, AND SO FOLLOWING UP WITH, UH, UH, MY COLLEAGUE'S QUESTION.
SO, SO THERE'S GONNA BE NO STRUCTURE OVER THAT LINE? NO.
UM, AND SO YOU'LL BE FOLLOWING THE, THE, THE BUILDING FOOTPRINT OR I GUESS FROM THE BACK ALL THE WAY TO THE STREET, CORRECT? YES, EXACTLY.
AND THEN, UM, AND, AND SO WHILE I WAS, SO I, I GOOGLE DROVE AROUND THE NEIGHBORHOOD AND I SAW ON THE A BUDDING STREET BEHIND YOU THAT THERE ARE LIKE THREE STRUCTURES, BUT THERE AREN'T MANY, THERE AREN'T THAT MANY THERE CARPORTS HERE IN YOUR COMMUNITY.
SO, SO YOU ARE KIND OF SETTING, YOU KNOW, A, A PRECEDENT THERE.
AND SO, UH, DID WE SEE HOW MANY LETTERS THAT HE GOT, UH, FOR APPROVAL? SO JUST HOW MANY? TWO.
SO, SO, SO YOU'RE HELPING SET THAT WITHIN THE COMMUNITY ITSELF.
SO JUST, YOU KNOW, JUST UNDERSTANDING THAT.
ANY OTHER QUESTIONS FROM THE COMMISSION? CRUZ COMMISSIONER CRUZ, EXCUSE ME.
UM, ON THE LETTER THAT GENTLEMAN BROUGHT IN THAT ARE STATING THEY'RE SUPPORTING HIM, ARE THEY, IS ANY ONE OF 'EM FROM HIS NEXT DOOR NEIGHBOR? THE NEXT DOOR NEIGHBOR WOULD BE, SEE? NO MA'AM.
HOW ABOUT THE ONE TO THE RIGHT? SO WHAT ARE THE ADDRESSES, IF YOU CAN READ THEM? 40, 20, UH, 40, 32.
THAT'D BE TWO HOUSES TO THE LEFT.
THAT'S ACROSS THE STREET, ACROSS THE CUL-DE-SAC.
ANY OTHER QUESTIONS? UH, IS THERE ANY VOICEMAILS TO DISPUTE? UH, WE HAVE ONE, UH, SPEAKER THAT SIGNED UP.
AND JUST TO CLARIFY ON THE ZERO LOT LINE, WE BELIEVE THIS WAS CONSIDERED A ZERO LOT LINE AT DEVELOPMENT WHEN IT WAS A R SEVEN, 'CAUSE R SEVEN UH, ALLOWED IT.
IT'S NOT ON THE PLAT IN ANY, UM, DEVELOPMENT NOW WOULD HAVE TO ABIDE BY THE ZONING CODE, WHICH IS WHY WE'RE HERE.
IT WAS JUST PART OF THE ZONING.
IT DIDN'T HAVE THE SAME CAVEATS THAT WE HAVE TODAY.
BUT WAS THIS WAS SIR, WAS YOUR HOME IN THE CITY LIMITS WHEN IT WAS CONSTRUCTED OR WAS IT COUNTY? NO, THERE WAS BE COUNTY BEAR COUNTY BEAR COUNTY WAS THE FIRST AND THEN WAS LATER ON THE CITY TOOK OVER.
ALRIGHT, WELLED, WHAT WE'RE GONNA DO IS WE HAVE SOMEONE SIGNED UP TO SPEAK.
[00:45:01]
WE'RE GOING TO HEAR, UH, FROM THAT, THAT INDIVIDUAL, AND THEN WE'LL SEE IF WE HAVE ADDITIONAL QUESTIONS.SO LET'S HAVE THE, UH, THE SIGNER FORWARD.
PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS.
I'M DEBBIE JOHNSON AND I AM HIS NEXT MOVE.
WHICH ONE? UH, THE, UM, WHICH THERE IS TWO MICS UP THERE, WHICH, WHICH I THINK IT'S THAT ONE.
I'M THE NEIGHBOR AT 40 30 COLONIAL SUN.
I ALSO OWN 40 29 COLONIAL SUN AND 40 24 COLONIAL SUN.
AND THIS IS A ZERO LOT LINE PROBABLY.
AND I HAVE A CERTIFIED COPY OF THAT FROM THE DEED RECORDS.
BUT WITH ME, IT WAS DONE BY, BY INDIVIDUAL DEED OR RESTRICTION? THE, UM, WELL THE LOT LINES.
AND YOU, I'M I WHEN WE BOUGHT, WHEN WE BOUGHT THE HOME, YES.
UM, YEAH, THAT, THAT'S THE WAY IT WAS DONE.
I DID BRING A CERTIFIED COPY OF THAT THAT I GOT RECENTLY.
IS IT THERE? OR DID I I'VE BEEN GOING THROUGH THIS WHERE WE HAVE A FIVE FOOT MAINTENANCE EASEMENT FREE OF ACCESS UPON ACROSS THE ADJOINING PROPERTY FOR THE SOLE PURPOSE OF MAINTAINING THE EXTERIOR WALL.
UM, MOST OF THE PROPERTIES OUT THERE, VERY FEW ON A CUL-DE-SAC BECAUSE OUR PROPERTIES ARE PIE SHAPED, HAVE A CARPORT.
UH, IT, IT INTERFERES WITH, WELL I HAVE PICTURES, UH, WITH, UH, THE FOUR, THE FEW THAT I FOUND, I FOUND ABOUT TWO OR THREE.
THEY ARE AFFIXED TO THE EXISTING DRIVEWAY AS NOT TO INTERFERE WITH THE EASEMENTS OR ANYTHING, OR THE NEIGHBORS OF ANY SORT.
HIS PROPERTY, HE DOES HAVE DRAINAGE AND THE BACK PART OF HIS GUTTERS GOES INTO HIS BACKYARD.
BUT HE HAD IT PUT ON THE SIDE OF HIS HOUSE WHERE IT WAS GOING INTO MY YARD.
AND WE HAD HIM TURN THAT WITH, UM, I THINK MY HUSBAND BOUGHT A SPLATTER THING, A STONE FOR IT BECAUSE IT WAS MAKING A, A RIVER THROUGH THERE WHEN IT RAINED.
SO I AM KIND OF CONCERNED ABOUT THAT.
I DO HAVE A PICTURE OF HIS PROPERTY SHOWING THAT THERE IS PLENTY OF ROOM IF HE DOES WANT A CARPORT TO AFFIX IT TO HIS EXISTING DRIVE BECAUSE HE HAD HIS DRIVEWAY EXTENDED.
UH, THIS IS MY VIEW FROM MY FRONT DOOR, SO IF THERE'S ANYTHING THERE, IT WILL BE OBSTRUCTING THAT.
WE ALSO HAVE AN IRON FENCE ALONG THE SIDE, PROPERTY LINE ON OUR SIDE THAT'S STANDING RIGHT IN MY FRONT DOOR.
SO ALL YOU SEE IS HIS CAR AND THE SIDE, IF YOU WALK OUT FURTHER ON THE SIDEWALK ITSELF OUT FRONT, THEN YOU CAN SEE THE STREET.
BUT IT'S GONNA BE OBSTRUCTING OUR VIEW TOTALLY.
WE ALSO HAVE, UH, METER BOXES RIGHT THERE ON THE, AT THE END OF THE FENCE LINE.
NOW THESE ARE PICTURES OF THE ONLY TWO CUL-DE-SACS THAT I COULD FIND.
AND AS YOU CAN SEE ON 'EM, THEY ARE AFFIXED ONTO THE EXISTING DRIVEWAY.
AND I ALSO HAVE ONE SHOWING THE GUTTER THAT I WAS TALKING ABOUT.
THIS IS THE BACK OF HIS HOUSE.
I THINK ONE OF THE OTHER ONES THAT YOU HAVE SHOWS THE SIDE WHERE THE GUTTER IS HERE.
WELL, HERE'S WHAT'S GOING DOWN OUR SIDE HERE.
THEY ARE ORIGINALLY, THEY HAD TURNED THIS TOWARDS OUR HOME WHERE IT WAS MAKING A, A RIVER.
AND WE HAD THEM TURN IT THE OTHER DIRECTION, UH, BECAUSE WE HAVE ZERO LOT LINES.
AND I KNOW THIS DOESN'T INTERFERE WITH THIS CASE, BUT HE TOOK HIS DRYER VENT FROM THE BACK OF HIS HOME AND DECIDED TO PUT IT ON THE SIDE OF THE HOUSE THROUGH HIS GARAGE, WHICH BLOWS DIRECTLY AT MY FRONT DOOR.
SO I HAVE LINT DEPENDING ON THE COLOR, ON WHAT HE'S DRYING AT THE TIME.
AND I DON'T KNOW, WOULD WE, YOU KNOW, IS OUR FENCE IS ON OUR, OUR SIDE OF THE PROPERTY LINE AND I'M JUST WONDERING IF THAT'S GONNA INTERFERE.
AM I GONNA HAVE TO MOVE MY, MY FENCE? IT'S BEEN THERE FOR FOUR OR FIVE YEARS.
WELL, HE'S NOT ALLOWED TO CONSTRUCT ON YOUR LAND.
HE ONLY HAS A FIVE FOOT EASEMENT FOR MAINTENANCE OF RIGHT.
BUT I OWN THE LAND THAT THE EASEMENT IS ON AND I GRANT, ACCORDING TO MY DEED, PERMISSION FOR THE UTILITY COMPANIES TO COME ACROSS THAT EASEMENT FOR ANY REPAIRS THAT THEY NEED.
BUT THE BUT THE, THE PURPOSE OF A MAINTENANCE EASEMENT IS FOR THAT THE HOMEOWNER, YOUR NEXT DOOR HOMEOWNER CAN GO THERE TO, TO, TO BE ABLE, IT SAYS THE SOLE PURPOSE IS FOR HIM TO MAINTAIN HIS EXTERIOR WALL, BUT, BUT HE CAN'T BUILD
[00:50:01]
ON YOUR PROPERTY, IF THAT'S WHAT YOU'RE WONDERING.SO IT'S NOT GONNA AFFECT MY FENCE LINE OR ANYTHING ON THE PROPERTY LINE? NO, HE'S NOT ALLOWED TO CONSTRUCT ANYTHING WITHIN YOUR PROPERTY.
HE CAN SHOW IT WITH THE LADDER AND PAINT THE SIDE OF HIS HOUSE, BUT THAT'S, YOU KNOW, THAT'S, YEAH.
SO, UM, SO I DON'T SEE WHY IT'S NECESSARY TO CHANGE ANY OF THE EASEMENTS.
HE'S NOT, UH, HE, HE'S HERE TO ASK, UH, BECAUSE TODAY, IF YOU WERE TO BUILD THIS NEIGHBORHOOD TODAY, THE, THERE WOULD, IT WOULD BE A DIFFERENT PROCESS TO DO A ZERO LOT LINE.
IT WOULD HAVE TO BE ON YOUR PLAID.
THERE WOULD BE DIFFERENT, THERE'S DIFFERENT RULES, BUT IT WAS ON MY PLAID, A ZERO LOT LINE.
OH, BUT THEY DON'T DO THAT ANYMORE, IS THAT WHAT YOU'RE SAYING? NO, THEY DO, THEY, IT IT'S A DIFFERENT PROCESS TODAY.
SO THE WAY IT WAS DONE BACK WHEN YOUR NEIGHBORHOOD WAS DEVELOPED, THEY WOULD PUT A LOT OF IT IN THE DEED RECORDS.
UH, NOT NECESSARILY IT, IT'S CODIFIED DIFFERENTLY TODAY.
SO HOW WILL WE BE SURE THAT THE DRAINAGE WON'T BE ON MY SITE? WELL, THAT'S WHY WE'RE ASKING QUESTIONS ABOUT OKAY.
AND SO THIS, JUST SO YOU KNOW, THE APPLICANT IS HERE TO ASK TO BUILD A CARPORT.
TYPICALLY IT WOULD HAVE TO BE FIVE FEET AWAY, BUT BECAUSE IT'S, HE'S ASKING FOR A VARIANCE TO GO DOWN TO SIX INCHES, THAT'S WHAT HE'S ASKING FOR MM-HMM
AND SO THAT'S WHAT WE'RE HERE TO FIND OUT.
AND HEAR YOUR THOUGHTS ABOUT, OKAY.
IS THERE ANY QUESTIONS FOR THE SPEAKER? MANNA, COMMISSIONER MANNON? SO, SO JUST, SO JUST TO CLARIFY, SO, SO YOU CURRENTLY HAVE THAT, THAT WRT IRON FENCE ALONG THAT SIDELINE.
RIGHT? SO AND THAT'S IN YOUR YARD.
THAT'S, THAT'S DYLAN IN YOUR YARD.
AND SO, SO IF HE BUILT A CARPORT ON THE OTHER SIDE OF THAT FENCE, UM, WHICH IS WHAT HE HAS TO DO.
SO, SO DO YOU HAVE, AS YOU KNOW, ARE YOUR CONCERNS, UM, DO YOU STILL HAVE CONCERNS I GUESS, WITH REGARDS TO THAT? 'CAUSE WHAT WE'RE REALLY TALKING ABOUT, YOU KNOW, IS, IS HOW CLOSELY YOU CAN HAVE IT TO THE STREET IS, THAT'S REALLY KIND OF ONE OF THE THINGS THAT WE'RE TALKING ABOUT HERE.
UM, YOU KNOW, AND SO DO YOU HAVE A, A QUESTION WITH REGARDS TO THAT IF HE STAYS ON THE INTENT? WELL, I DID.
THAT'S WHAT I SAID, THAT THAT ONE PICTURE SHOWS WHAT MY VIEW IS STEPPING OUTSIDE MY FRONT DOOR BECAUSE I'M RIGHT IN THE MIDDLE OF THE U.
SO MY HOUSE SIT WAY BACK FROM HIS, SO ONE OF THE THINGS THAT, SO IF HE, SO WE WILL SAY BY, RIGHT.
UM, HE CAN BUILD IT 10 FEET AWAY FROM, WE'LL SAY FROM THE STREET MM-HMM
SO IT'D BE A LITTLE BIT SHORTER.
UH, BUT HE STILL CAN PUT A, A CARPORT THERE PROBABLY TO THE FRONT OF WHERE HIS TRUCK IS THERE, YOU KNOW, KIND OF BY RIGHT.
WITH REGARDS TO HOW CLOSE TO THE STREET HE CAN GET MM-HMM
UM, AND, AND SO, SO YOU KNOW, JUST RECOGNIZING THAT, YOU KNOW, PERSPECTIVE.
AND SO THE QUESTION IS, YOU KNOW, SOMETIMES PEOPLE HAVE LONGER VEHICLES AND THEY'RE LOOKING TO SHADE THAT AND THAT'S KIND OF WHY IT IS THAT WE, YOU KNOW, PEOPLE COME FOR US TO SEE IF THEY CAN SHADE A LITTLE BIT MORE OF THEIR VEHICLE VERSUS THE LENGTH, YOU KNOW, THE, THE FULL LENGTH OF DRIVEWAY VERSUS A PARTIAL LENGTH VERSUS UH, JUST WHATEVER THE MINIMUM IS.
WELL, AND THEN I ALSO WORRY ABOUT THE DRAINAGE SITUATION BECAUSE OF WHAT WE WENT THROUGH BEFORE.
AND SO ONE OF THE THINGS THAT WE DO ASK REGULARLY, UM, IS THAT, YOU KNOW, UM, WE NEVER LIKE TO SEE ANYBODY PRODUCE WATER ON ANYBODY'S PROPERTY AND TRY TO DESIGN EITHER ASK FOR DESIGNS OR STATE SUCH WITH GUTTERING AND OR WHATEVER SO THAT, SO THAT IT'S NEVER AN ISSUE.
AND SO, SO SO IF WE TOOK CARE OF THE WATER ISSUE OKAY.
THAT WOULD BE ONE OF THE OTHER CONCERNS THAT YOU HAD, RIGHT? RIGHT.
I JUST WANNA MAKE SURE THAT THAT UNDERSTOOD YOUR REQUEST.
AND I HAVE A QUESTION ABOUT THE PLANS.
DO YOU STILL HAVE THE PLANS? THIS IS HOW FAR BACK MY PROPERTY SITS FROM HIS.
UM, IF THERE'S NO OTHER QUESTIONS FOR THE SPEAKER, WE GO.
WE'LL HAVE THE APPLICANT COME BACK UP.
WE DO HAVE ONE VOICEMAIL WE NEED TO PLAY.
OH YEAH, WE'RE GONNA HEAR A VOICEMAIL FIRST AND THEN WE'LL, OH, YOU CAN STAY THERE.
WE'RE JUST GONNA LISTEN TO A VOICEMAIL, UH, MEETING OR
HI, MY NAME IS STANLEY FRANCOIS AND I'M AT 2 1 0 4 7 3 3 8 7 1.
I'M CALLING REFERENCE TO BOARD OF ADJUSTMENT, UH, MEETING OR BOARD OF ADJUSTMENT PUBLIC HEARING.
[00:55:01]
THAT'S, UH, IN REFERENCE TO SOMEONE, UH, EXPANDING A REQUEST FOR A FOUR FOOT SIX INCH FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SET BACK.I'M OKAY WITH THE REQUEST FOR A SIX FOOT VARIANCE.
AND IT'S, UH, I AM A ACTIVE BOARD MEMBER ON THE, UH, SUNRISE HOMEOWNERS ASSOCIATION MEETING AND I'M ALSO WITHIN THE 200 FEET VARIANCE OR PERIMETER OF, UH, THIS.
SO AGAIN, UM, IT'S OKAY WITH ME FOR THEM TO DEVIATE FROM THE, UH, PRESCRIBED UH, UH, STATED, UH, LAW OR, OR WHATEVER.
YOU CAN GIVE ME A CALL BACK IF YOU HAVE ANY QUESTIONS? I, ALRIGHT.
SO IS, WE WANTED TO GIVE YOU A CHANCE TO PROVIDE ANY SORT OF REBUTTAL TO WHAT YOU HAD HEARD AND ALSO SEE IF THERE'S ANY OTHER QUESTIONS FROM THE COMMISSION.
UH, WHEN I, WHEN I BUILD THE CARPORT, WHAT I CAN DO WITH THE GUTTER, CUT IT UP, PUT A CURVE ON THE TOP, THE ROOF AND LET THE WATER RUN DOWN.
SO ON THE PLANS THAT YOU, YOU PROVIDE THERE WAS THE ARCHITECT, HE DID THAT.
THESE, THESE ARE CALLING FOR IT TO BE A STRAIGHT SLOPE.
AND NOT, NOT TOO DEEP BECAUSE THAT'S THE WAY THE WATER DON'T, IF YOU GO DEEP, THE ONE GOES FAST.
SO IS THIS, CAN WE MAKE THESE PLANS PART OF THE RECORD? CAN WE, WE'RE GONNA NEED TO KEEP THOSE, THAT'S, YEAH.
OH, YOU CAN MAKE A COPY FOR ME.
WHAT? YES, WE CAN MAKE A COPY.
THAT'S WHY I HAVE A, IN A CASE I WANT TO BUILD IT SO WE CAN BUILD IT.
OH, SURELY THAT'S WHY I SAY, AND THE, THE, THE SEW GOES ON THE TOP OF THE HOUSE.
IT, WHAT, WHAT HAPPENS IS, UM, WE, LET ME, LET ME MAKE SURE I'M CLEAR ABOUT THIS.
SO AS THE APPLICANT, ARE YOU SAYING THAT THAT IS THE CARPORT YOU WOULD LIKE TO BUILD AND MAKE IT PART OF YOUR APPLICATION? YES.
YEAH, THAT'S WHAT WE'RE GOING DO.
SO WHAT HAPPENS IS, NOW THAT WE HAVE SOMETHING TANGIBLE THAT WE'RE ACTUALLY LOOKING AT, THAT'S BEING REQUESTED.
SO IS THERE ANY QUESTIONS FROM THE COMMISSION REGARDING, UM, THIS NEW INFORMATION? MANNA COMMISSIONER MANNA? SO, SO I, AND I CAN'T SEE THE IMAGE WITH, UH, I, MY EYES AREN'T THAT GOOD.
SO DO WE HAVE, UM, THE LENGTH OR OBJECT ON THE SCREEN? SO I WAS LOOKING FOR THE LENGTH TO BE DETERMINED FOR, FOR THE, FROM THE WALL OF THE GARAGE, THE EXISTING GARAGE.
WHAT IS THE LENGTH OF THE PROPOSED CARPORT THAT YOU'RE TALKING ABOUT? HOW LONG IS YOUR CARPORT GONNA BE? SO, OH, IT'S GOING TO BE, UH, FROM THE GARAGE DOWN TO THE SLOPE.
BECAUSE YOU GOTTA HAVE 11 FEET FROM THE STREET IS US.
WHERE THE, WHERE YOU DRIVE IN.
'CAUSE THEY, THEY MADE A CONSTRUCTION INSIDE WHEN CITY WENT FARTHER BACK IN.
SO, SO THE PICTURE THAT THE CITY SHOWED IT, IT SHOWS THE RED LINE BEING WELL IN FRONT OF THE TRUCK IS WHERE I WAS GOING.
AND SO THE QUESTION I WAS ASKING IS, CAN, CAN IT BE SHORTENED? DENNY? DO YOU IT CAN BE SHORTENED IF YOU WANT ME TO.
MAY, MAY I SEE THOSE PLANS SO LONG THE CAR DIDN'T GET DAMAGED.
THE ONE, NOT MY TRUCK, THE OTHER ONE, IT DOES SHOW A 23 FOOT DEPTH ON HIS PLANS.
SO 23 IS, IS A, YOU KNOW, YOU KNOW, LISTENING TO THE NEIGHBOR, YOU KNOW, WITH REGARDS TO THE CONCERN AND 23 FOOT, UM, IS A LITTLE BIT LONG AND YOU KNOW, SO IF IT WAS SHORTENED A LITTLE BIT, THEN IT MAY, YOU KNOW, ALLEVIATE ONE OF THOSE QUESTIONS THAT THE NEIGHBOR HAD BECAUSE RIGHT AWAY THE NEIGHBORHOOD, I WENT AROUND THE NEIGHBORHOOD, I GOT PICTURES AND THEY'RE NOT LEGAL.
YOU CAN TELL, THAT'S WHY I TRIED TO FIGHT IT.
'CAUSE I CALLED THE CITY OP THE NUMBER AND TOLD ME NO, AND THEN WE LISTEN.
SO I TOOK A PICTURES AND THEY'RE NOT LEGAL, NOT EITHER.
AND SO THE NICE THING IS, OR THE WE'LL SAY AND, AND A, UH, AN AN EVENT THAT MAYBE OCCURS OUT OF THIS IS THAT WE ALSO DRIVE AROUND AND THEY COME BEFORE US AND THEY HAVE TO, YOU KNOW, KIND OF TALK TO US BECAUSE OF THAT AS WELL.
SO, SO WE DO TRY TO KEEP UP WITH THAT.
SO RIGHT NOW WE HAVE AN, AN APPLICATION FOR A 23 FOOT LONG CARPORT THAT IS, THAT IS SLOPED CONTINUOUSLY TO THE FRONT OF THE CUL-DE-SAC.
THAT'S WHAT'S CURRENTLY BEFORE US AT THIS POINT IN TIME.
UM, AND IT'S SIX INCHES, UH, NO CLOSER THAN SIX INCHES TO THE SIDE PROPERTY LINE.
AND AT ITS WORST FOUR FEET TO THE FRONT PROPERTY LINE BECAUSE IT DOES GET, IT DOES GET FURTHER AWAY AS YOU TURN THROUGH THE CUL-DE-SAC.
SO IS THERE ANY QUESTIONS FROM THE COMMISSION REGARDING WHAT'S BEFORE US OR ANY QUESTIONS OF THE APPLICANT? SO
[01:00:01]
MANANA, MR. MANANA.SO, SO IF WE ASKED FOR IT TO BE 20 FOOT IN LENGTH, DO YOU THINK THAT WOULD BE OKAY WITH REGARDS TO THE DEPTH OF YOUR CARPORT INSTEAD OF 23 FOOT MADE IT ONLY 20 FEET DEEP.
THAT 23 IS A LITTLE BIT TOO LONG, RIGHT? JUST A LITTLE BIT TOO LONG.
AND I, AND I THINK SO THAT, AND THAT ADDRESSES YOUR NEIGHBOR'S QUESTION.
AND I THINK THAT BRINGS IT INTO, YOU KNOW, BECAUSE IT IS IN A CUL-DE-SAC AND, AND YOU'RE, YOU'RE SHARING THAT, THAT VIEW, THAT VIEW SHED.
AND SO I THINK YOU OKAY, YEAH.
20 COMMISSIONER, DEAN, COMMISSIONER DEAN, THE FOOTERS, ARE THE FOOTERS GONNA BE BUILT STRICTLY ON YOUR PROPERTY LINE? YES.
BECAUSE THEY LOOK LIKE THEY'RE, THEY'RE SQUARE.
DO YOU KNOW THE SIZE OF THEM? NO, IT'S GOTTA BE LONGER.
'CAUSE REMEMBER MY, IT GOES UP UHHUH
SEE THAT'S GONNA BE OF AN ISSUE BECAUSE IF HE RUNS A POST IN THE MIDDLE OF THAT, HE'S NOT GONNA BE SIX INCHES AWAY FROM THE SIDE PROPERTY LINE.
SO, SO WHAT HAPPENS IS, UH, YOUR VARIANCE IS TO BE NO CLOSER THAN SIX INCHES TO THE SIDE PROPERTY LINE.
OKAY? SO IF YOUR FOOTER IS TWO FEET BY TWO FEET NO, IT'S, IT IS JUST THE SQUARE ONES.
THE SQUARE ONES THE SMALL NO, WE'RE TALKING ABOUT THE CONCRETE IN THE GROUND.
THAT, THAT CAN'T, THAT CAN'T GO OVER YOUR PROPERTY LINE.
SO THE, SO WHAT HAPPENS IS THAT IF YOU WERE TO BUILD IT THAT WAY, YOU WOULD HAVE TO BE 12 INCHES AWAY FROM THE SIDE PROPERTY LINE.
SO I GOTTA PUT THE, THE LEFT SIDE GOTTA BE ON THE CONCRETE ON THE SIDEWALK OR HIS DRIVEWAY? THE DRIVEWAY.
WELL THE, HE JUST CAN'T CONSTRUCT ANYTHING OUTSIDE OF THE PROPERTY LINE.
RIGHT? SO IF HE, IF, IF HE MAKES HIS FOOTER SLIGHTLY SMALLER OR IF HE, IF WE GIVE HIM A VARIANCE FOR, I MEAN, NINE INCHES OR SOMETHING, I MEAN INSTEAD OF SIX, THE PO HOW BIG ARE THE POSTS? ARE THEY SIX BY SIX? THEY'RE SMALL, THEY'RE SQUARE, THEY'RE NOT AS BIG.
LOOKS LIKE THEY'RE FOUR BY FOUR BY 3 8, 3 SIXTEENTHS.
SO THEY'RE, YOU KNOW, FOUR BY FOUR MINUS 20.
SO IF YOU'D BE 10 INCHES OFF, SO HE WOULD NEED, RIGHT, IF HE WERE TO BUILD IT AS PER THAT PLAN, HE'D HE'D NEED TO BE 10 INCHES AWAY.
THE POST WOULD BE CLOSER THAN SIX INCHES UNLESS HE MADE THE FOOTER A LITTLE SMALLER.
YEAH, BUT BUT IT WOULD'VE TO BE READVERTISED TO CHANGE THAT, THAT NO, NO, I, I KNOW.
I MEAN, OKAY, IF HE WERE TO THE, WE'RE NOT HERE TO TELL HIM HOW TO MAKE HIS CONCRETE FOOTER.
IF, IF HIS, IF HIS STRUCTURAL ENGINEER WOULD MAKE THE CONCRETE FOOTER A LITTLE BIT LESS IN DIAMETER, THEN IT WOULDN'T BE A BIG DEAL IS WHAT I'M GETTING AT.
RIGHT? SO WHEN WE DID THE INTAKE FOR THIS PROJECT, WE ACTUALLY DID NOT HAVE THIS, UH, THESE PLANS THAT THE APPLICANT HAS PROVIDED.
SO THE INTENT WAS TO JUST ADVERTISE, YOU KNOW, THE OR OR THE, THE APPLICANT'S INTENT OF HAVING IT NO CLOSER AT ANY POINT OF THAT CARPORT SIX INCHES.
SO WE CAN MAKE IT 10 INCHES AND MOVE ON OR WE CAN, OR LEAVE IT AND HAVE THEM FIGURE IT OUT.
SO, UH, WITH THAT IN MIND, UH, IF THERE'S NOTHING ELSE, I THINK IT WOULD BE PERHAPS BEST TO MAKE A MOTION, UH, FOR THE SIX INCH SIDE AND FOR A 2020 FOOT LONG CAR REPORT.
WHOEVER WOULD LIKE TO MAKE THAT WITH A CON IN, IN REFERENCING THE APPLICATION, HAVE A CONTINUOUSLY SLOPED ROOF.
SO REGARDING CASE NUMBER BO OA, I THINK I UNDERSTOOD, I, I THINK I UNDERSTOOD YOUR REQUEST, BUT WE'LL SEE WHERE IT GOES.
I MOVED THAT THE BOARD ADJUSTMENT GRANT A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A SIX INCH SIDE SETBACK AND TWO, A THREE FOOT VARIANCE FROM THE MINIMUM 10 FOOT SET FRONT SETBACK TO ALLOW A SEVEN FOOT FRONT SETBACK, UM, UH, SITUATED OR SETBACK FOR CARPORT, UM, I GUESS AS MODIFIED PER THE SUBMITTED PLANS, UH, SITUATED AT 4 0 2 8, UH, COLONIAL SUN DRIVE, APPLICANT BEING PETER VON PETRI
OTHER PROVISIONS THAT UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PROPOSED CARD PORT WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS A CARPORT WOULD HAVE ENOUGH SPACE TO ALLOW FOR PEDESTRIAN ASSET ACCESS AND IS CONSISTENT WITH THE EXISTING SETBACK OF THE PRIMARY STRUCTURE.
UM, TWO, DUE TO SPECIAL CONDITIONS OR LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION OF THIS PROPERTY IS
[01:05:01]
THE LOCATION OF THE EXISTING HOME AND DRIVEWAY BEING VERY NEAR TO THE SIDE AND FROM PROPERTY LINES.THIS PREEXISTING CONDITION LIMITS THE AREA IN WHICH THE, UH, FUNCTIONAL AIRPORT OR FUNCTIONAL CARPORT CAN BE LOCATED OVER THE EXISTING DRIVEWAY.
UH, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SUCH VARIANCE WOULD MEET THE SPIRIT OF THE ORDINANCE AS A REDUCTION OF THE SETBACK IS MINIMAL AND WILL CAUSE NO SIGN SIGNIFICANT HARDSHIP TO EITHER PROPERTY ABUTTING THE SLOT SPECIFICALLY WITH THE SLOPE OF THE PROPERTY OR SLOPE OF THE CARPORT.
UM, MOVING WATER TO THE FRONT OF THE PROPERTY, UH, FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCES HAVE NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM OF PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED.
GRANTING THIS VARIANCE WILL NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNER AS THERE IS SUFFICIENT SEPARATION AND THE VARIANCE WOULD NOT REDUCE ACCESS TO THE PROPERTY OR THE PUBLIC WALKWAYS.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITION IN THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
THE PLY TO THE PROPERTY OWNER IS DUE TO UNIQUE CIRCUMSTANCES ON THE DEPTH OF THE FRONT YARD, WHICH LIMITS THE AVAILABLE SPACE FOR ESTABLISHMENT OF A CARPORT AND LOCATION OF THE HOUSE ALONG THE SIDE SETBACK.
THESE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER AND ARE NOT MERELY FINANCIAL END A MOTION.
I'M GONNA SECOND THAT, UH, AND, AND ASK, UH, FOR A SLIGHT AMENDMENT TO THE, UH, READING, UH, TO REFERENCE THE, THE PLANS PROVIDED BY THE APPLICANT AT THE PODIUM TO BECOME PART OF THE RECORD MODIFIED, UH, TO BE 20 FEET IN LENGTH AS OPPOSED TO 23 FEET IN LENGTH ACCEPTED.
I THOUGHT I SAID THAT, BUT NOT AS CLEARLY AS YOU DID JUST NOW.
SO THANK YOU FOR THE CLARIFICATION.
AND SO I ACCEPT THAT MODIFICATION.
OKAY, SO THAT'S WHAT'S BEFORE THE COMMISSION TODAY.
SO, UM, SO I THINK THAT WE MET, SO ALMOST EVERYTHING THAT YOU WERE ASKING WITH REGARDS TO, YOU KNOW, WHAT IS BEING PERMITTED AND YOU KNOW, WHAT YOU ASKED FOR FROM THE, FROM, FROM THE NEIGHBORING PROPERTY.
UM, THEN ALSO WE HAD THE, IT APPEARS THAT THERE IS A NEIGHBORHOOD ASSOCIATION, UM, THAT ISN'T NECESSARILY OFFIC OFFICIALLY RECOGNIZED BY THE CITY, BUT THEY WEIGH IN AND SAID THAT THEY WERE OKAY WITH IT KIND OF AS IS.
UM, AND SO, UM, SO I THINK THIS IS KIND OF A GOOD COMPROMISE BETWEEN THE DIALOGUE HERE AND I THINK THAT, YOU KNOW, WE GET TO PROTECT THE VEHICLE AS WELL AS PROTECT YOUR VIEWING VIA YOUR FRONT DOOR.
AND SO I THINK THAT MAKES US A, A GOOD COMPROMISE HERE.
AND SO I'LL BE VOTING IN FAVOR AS RED AND I'LL BE IN HOLD, I'LL BE IN SUPPORT AS RED AS WELL BECAUSE THE LENGTH WAS REDUCED FROM 23 TO 20 FEET.
AND NOW THAT WE HAVE SOMETHING TANGIBLE TO REFERENCE IN THE MOTION, WHICH IS A CONTINUOUSLY SLOPED CARPORT TOWARDS THE FRONT, UH, THAT ALLEVIATES THE DRAINAGE CONCERNS I PERSONALLY HAD.
UH, SO I'LL BE IN SUPPORT AS RED.
IS THERE ANY OTHER COMMISSIONERS' LIKE TO ADD IN CHAIR, UH, REGARDING THE FOOTER CONVERSATION FROM EARLIER SO THAT THIS ASSURES THAT IT WON'T GO PAST THE PROPERTY LINE AND IT HAS TO BE FLUSHED TO THE GROUND? UH, YEAH, WE, SO THIS VARIANCE IS FOR NOTHING THAT'S ABOVE THE SURFACE OF THE GROUND.
UH, WELL, NOTHING CAN BE OUTSIDE OF HIS PROPERTY LINE, BUT NOTHING ABOVE THE SURFACE CAN BE WITHIN SIX INCHES OF THE PROPERTY LINE.
HOW HE DOES THAT, IF HE GETS HIS PLANS REDONE BY THE STRUCTURAL ENGINEER OR IF HE MOVES IT OVER, BUT HE CAN'T HAVE THE POST THE ROOF, NOTHING CAN BE CLOSER THAN SIX INCHES TO THE PROPERTY LINE IF THIS GETS APPROVED TODAY.
SO, ALRIGHT, LET'S HAVE A ROLL CALL VOTE.
COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT CHAIR ORIAN.
YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER PEZ? YES, I CONCUR.
UM, THERE WAS THOSE MODIFICATIONS WE TALKED ABOUT.
SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
UH, ANOTHER THING TOO, WHEN I GOT THE BUDGET UP FRONT, I PUT A GUTTER UP FRONT.
WELL, WE ON THAT SIDE FRONT FRONT, THE, THE, THE, YOU HAVE A, YOUR PLANS CALL FOR UNIFORM.
I GOT, I I PUT UP FRONT THE GUTTER THIS WAY THE WALL DON'T RUN OFF ALL THE WAY TO THE STREET GOES TO THE MY BRANCH.
AND, AND THIS WILL ALL BE WORKED OUT DURING PERMITTING, BUT WHAT WE DID WAS ALLOW YOU TO BE WITHIN SIX INCHES, OKAY? AND THEN NO, NO MORE THAN 20 FEET LONG.
[01:10:01]
UM, USUALLY WE DO THESE IN SEPARATE AGENDAS, UM, BACK TO BACK AGENDAS, BUT BECAUSE OF THE WEATHER ALERT, UM, WE'RE GONNA DO THESE IN BOTH, UM, BACK TO BACK.UM, SO ITEM NUMBER SEVEN, UH, THE APPLICANT IS GONNA PRESENT TO YOU EVIDENCE.
YOU'RE NOT GONNA MAKE A DECISION ON THE VARIANCE, BUT YOU'RE GONNA MAKE A DECISION WHETHER HE IS ABLE TO PROCEED TO HAVE HIS CASE HEARD, WHICH IS ITEM NUMBER EIGHT, UM, WITHIN 12 MONTHS OF PREVIOUSLY, UH, BEING DENIED BY THE BOARD OF ADJUSTMENT.
UM, SO MR. RAUL GARCIA, RIGHT? UM, COME UP, WE EXPLAIN TO THE BOARD WHAT NEW EVIDENCE YOU HAVE THAT YOU WANT TO PRESENT TO THEM.
SO THIS IS NOT REGARDING THE PARKING VARIANCE, JUST THAT THE WHATEVER YOU'RE REQUESTING, OKAY? LET KNOW WHAT YOU'RE REQUESTING.
OKAY? UH, MY NAME IS RAUL GARCIA AND I AM THE PROPERTY, I'M THE PROPERTY OWNER BEFORE YOU TODAY I'M REQUESTING A PARKING VARIANCE TO REDUCE THE ONSITE PARKING REQUIREMENT FROM FOUR SPACES TO TWO SPACES FOR A RESIDE RESIDENTIAL DEVELOPMENT THAT HAS ALREADY BEEN APPROVED BY THE CITY.
TO GIVE A BRIEF BACKGROUND, THIS PROPERTY WAS SUCCESSFULLY REZONED TO R FOUR WITH A CONDITIONAL USE ALLOWING TWO DUPLEXES FOR A TOTAL OF FOUR RESIDENTIAL UNITS.
THAT ZONING AND DENSITY WERE REVIEWED AND APPROVED BY THE CITY.
AND I AM NOT REQUESTING ANY INCREASE IN DENSITY, HEIGHT, OR INTENSITY BEYOND WHAT HAS ALREADY BEEN GRANTED.
THE CHALLENGE BEFORE YOU TODAY IS A SITE-SPECIFIC HARDSHIP RELATED TO PARKING.
DUE TO THE SIZE AND CONFIGURATION OF THE LOT, IT IS NOT FEASIBLE TO ACCOMMODATE FOUR ONSITE PARKING SPACES WHILE ALSO COMPLYING WITH OTHER DEVELOPMENTAL STANDARDS.
STRICT INFORMANT ENFORCEMENT OF THE PARKING REQUIREMENTS EFFECTIVELY PREVENTS THE REASONABLE USE OF THE PROPERTY AS ALREADY APPROVED UNDER ITS ZONING.
THIS HARDSHIP IS NOT SELF-CREATED.
IT ARISES FROM THE PHYSICAL LIMITATIONS OF THE LOT COMBINED WITH THE PARKING STANDARD, NOT FOR MANY ACTION TAKEN AFTER ZONING APPROVAL.
THE REQUESTED VARIANCE IS THE MINIMUM RELIEF NECESSARY TO ALLOW THE PROJECT TO MOVE FORWARD AS INTENDED.
UNDER THE PROPOSED PLAN, TWO PARKING SPACES WILL BE PROVIDED ON ONSITE AND THE REMAINING PARKING DEMAND CAN BE REASONABLY ACCOMMODATED THROUGH EXISTING ON STREET PARKING.
THE STREET ALREADY FUNCTIONS WITH ON-STREET PARKING TODAY, AND THIS REQUEST DOES NOT CHANGE THAT EXISTING CONDITION.
IMPORTANTLY, THIS IS A REQUEST TO REDUCE ONSITE PARKING ONLY.
IT DOES NOT INCREASE THE DENSITY TRAFFIC OR OVERALL PARKING DEMAND BEYOND WHAT HAS ALREADY BEEN CONTEMPLATED WHEN THE ZONING WAS APPROVED.
I WOULD ALSO LIKE TO NOTE THAT ALL REQUIRED NOTICES WERE PROPERLY SENT TO SURROUNDING PROPERTY OWNERS.
A TOTAL OF 38 NOTICES WERE MAILED, AND I DID NOT RECEIVE A SINGLE WRITTEN OBJECTION FROM ANY ADJACENT OR NEARBY NEIGHBOR.
THE ONLY OPPOSITION I AM AWARE OF IS FROM ONE REPRESENTATIVE OF THE NEIGHBORHOOD ASSOCIATION, NOT FROM THE SURROUNDING PROPERTY OWNERS THEMSELVES.
I RESPECTFULLY SUBMIT THAT THIS PROJECT REMAINS COMPATIBLE WITH THE NEIGHBORHOOD, THE BUILDING DESIGN, THE SETBACK, SCALE AND USE ARE CONSISTENT WITH WHAT HAS BEEN PREVIOUSLY APPROVED WITH THE SURROUNDING CONTEXT.
GRANTING THIS VARIANCE WILL NOT ALTER THE CHARACTER OF THE NEIGHBORHOOD OR SET A PRECEDENT BEYOND THE SPECIFIC PROPERTY.
THIS REQUEST IS ABOUT WHETHER THE DEVELOPMENT STANDARDS CAN BE REASONABLY APPLIED TO THIS SPECIFIC LOT.
ANY PROPERTY OWNER IN THE SAME SITUATION WOULD FACE THE SAME LIMITATION AND WOULD REQUIRE THE SAME RELIEF IN CLOSING.
THIS IS A MODEST AND REASONABLE REQUEST SUPPORTED BY THE LACK OF NEIGHBORHOOD OBJECTIONS CONSISTENT WITH THE APPROVED ZONING AND NECESSARY TO ALLOW REASONABLE USE OF THE PROPERTY.
I RESPECTFULLY ASK THE BOARD TO APPROVE THE REQUESTED PARKING VARIANCE.
THANK YOU FOR YOUR CONSIDERATION.
ALRIGHT, SO WHAT'S BEFORE US TODAY IS SOLELY THE WHETHER OR NOT WE WILL HEAR THIS OR HE HAS TO WAIT.
WHEN WAS THIS HEARD? ORIGINALLY? NOVEMBER.
SO HE EITHER HAS TO, IF, IF WE DON'T APPROVE THIS, HE HAS TO WAIT TILL NOVEMBER TO COME BACK TO US.
SO, UH, WITH THAT, IS THERE ANY QUESTIONS FOR THE APPLICANT REGARDING WHETHER WE SHOULD HEAR THIS OR NOT? JUST MR. CHAIR, JUST A QUICK VERIFICATION.
SO THIS SPECIFIC ITEM CAME BEFORE US IN NOVEMBER FOR THE PARKING, UH, ISSUE.
AND THEN IT WAS VOTED AGAINST AND THEN IT WAS A SETBACK.
YES, IT WAS A SETBACK THAT I BROUGHT FORTH, UM, IN BUT NOT, NOT THE PARKING.
THIS IS, SO THIS IS NEW THEN? THIS IS NEW.
SO THAT'S WHAT I WAS WELL, WHY, WHY DOES IT HAVE TO, WHAT'S WHAT THE 12 MONTH THEN, IF IT'S THE 12 MONTH DOES NOT DISTINGUISH WHAT REQUEST IT IS WITH THE PROPERTY.
IT'S, IT'S NOT THE SAME REQUEST.
[01:15:01]
SO THAT SOUNDS LIKE SOMETHING FOR OUR NEW COMMITTEE TO TALK ABOUT.UH, YES, I I WILL RECALL THIS, UM, CASE BEING HEARD BEFORE AND AT THAT TIME, THE ENTIRE STRUCTURE, IT'S THE SAME FOOTPRINT AS IS NOW, BUT IT WAS PUSHED BACK AND I BELIEVE THE SUGGESTION OF THIS COMMITTEE WAS TO MOVE IT FORWARD TO RETAIN SOME GREEN SPACE IN THE REAR AND LOOK AT A PARKING VARIANCE.
SO I BELIEVE THAT'S WHAT THE APPLICANT, UM, HAS FOLLOWED THROUGH WITH.
I, I HAVE TO TELL YOU, I REALLY THOUGHT THAT WE HAD, UH, ENTERTAINED PARKING, SO IT WAS SETBACK RELATED TO PARKING, BUT IT WAS, THE REQUEST WAS FOR A SETBACK.
WELL THANKS COMMISSIONER REED.
UM, ANY OTHER QUESTIONS? HEARING NONE, JUST CLARIFICATION ON THE VOTE.
IS IT JUST MA JUST A MAJORITY OR IS IT A NINE TO DO WE NEED NINE OR A MAJORITY ON THIS SORT OF THING? FOR THIS, IT WOULD, UH, BE MAJORITY.
SO, UH, WE'LL JUST GO AHEAD AND HAVE A ROLL CALL VOTE IF SOMEONE WOULD LIKE TO MAKE A MOTION MOTION FOR, UH, REHEARING THIS CASE, ALTHOUGH IT'S NEW MOTION TO WAIVE THE 12 MONTH TIME LIMITATION.
IS THERE A SECOND? I, SECOND, SECOND, SECOND.
I'LL GIVE THAT TO COMM COMMISSIONER REED.
WE WILL GO AHEAD AND HEAR THE CASE ITEM EIGHT.
ITEM NUMBER EIGHT IS LOCATED AT 57 0 3 MCDONOUGH STREET.
UH, THE ZONING IS R FOUR CD WITH A CONDITIONAL USE FOR FOUR DWELLING UNITS.
THEY REQUEST IS A, FOR A 50% VARIANCE FROM THE MINIMUM REQUIRED FOR OFF STREET PARKING SPACES TO ALLOW FOR TWO OFF STREET PARKING SPACES.
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 PROPERTY SURROUNDED BY SINGLE FAMILY DWELLINGS EXCEPT TO THE EAST WERE COMMERCIAL STRIP MALLS UNDER CONSTRUCTION.
THE BOARD PREVIOUSLY DENIED A REQUEST FOR REDUCED REAR SETBACK TO ACCOMMODATE ADDITIONAL PARKING IN THE FRONT YARD ON NOVEMBER 17TH, 2025.
THE PROPOSED DEVELOPMENT OF TWO DUPLEX STRUCTURES REQUIRES FOUR OFF STREET PARKING SPACES AND THE REQUEST IS FOR TO BE, FOR IT TO BE REDUCED TO TWO OFF STREET PARKING SPACES.
THIS IS A SITE PLAN WITH THE PARKING SPACES KIND OF CALLED OUT AT THE BOTTOM.
THIS IS SUBJECT PROPERTY AND SOME OF THE SURROUNDING AREA STAFF RECOMMENDS DENIAL IN BOA DASH 26 DASH 1 0 3 0 0 0 2 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUEST WOULD RESULT IN AN INCREASED ON STREET PARKING CONGESTION, REDUCE TRAFFIC SAFETY AND SPILLOVER IMPACTS ONTO NEIGHBORING PROPERTIES THAT ARE REQUIRED TO MEET PARKING STAND STANDARDS.
AND TWO, THE VARIANCE WOULD ALLOW TWO PARKING SPACES FOR FOUR DWELLING UNITS, WHICH MAY NOT BE ADEQUATE TO MITIGATE THE EXPECTED INCREASE IN TRAFFIC TO THE NEIGHBORHOOD.
THERE WERE 38 NOTICES MAILED OUT FOR THIS CASE.
UH, ZERO WERE RECEIVED IN FAVOR, ZERO IN OPPOSITION.
AND TIERRA LINDA NEIGHBORHOOD ASSOCIATION IS OPPOSED.
AND, OKAY, THAT CONCLUDES STAFF'S PRESENTATION.
UM, THERE MUST I WANNA POINT OUT THAT I DID ADD A NOTICE THIS MORNING.
IT'S ON THE SLIDE BEFORE, SO I WOULD CHANGE THE ACCOUNTS SLIGHTLY, BUT THE NOTICE WILL BE ON THE SLIDE BEFORE THIS.
SO I HAVE, I HAVE A QUICK QUESTION.
UM, SO I NOTICED THAT THE PAVEMENT DOESN'T EXTEND THE ENTIRE DEPTH OF THE, UH, FRONTAGE OF THE PROPERTY.
UM, ARE YOU ALLOWED TO PARK A CAR IN, IN, IN THE GRASS IF IT ISN'T PAVED? HOW DOES THAT WORK? UM, I CAN GET AN ANSWER FOR YOU.
I COULD PROBABLY, IS IT TWO CARS THERE? I WAS JUST WONDERING IF THEY, IT'S BE A HARD SURFACE.
I MEAN, USUALLY IT TALKS ABOUT STREET WIDTH BUT THE STREET DOESN'T, I DON'T KNOW.
I DO BELIEVE IT IS PART OF CODE THAT YOU CANNOT PARK ON GRASS IN THE FRONT YARD.
ALRIGHT, I JUST WANTED TO ASK, UH, IS THERE ANY, UH, QUESTIONS FOR STAFF BEFORE WE MOVE FORWARD? CRUZ, COMMISSIONER CRUZ? UM, MY BIGGEST THING IS, IF I REMEMBER CORRECTLY, IT IS A DEAD END, UH, WHERE THE APARTMENT COMP, THE APARTMENTS ARE GOING IN.
AND SO IF IT'S A DEAD END AND WITH THE NEW BUILDING ACROSS THE STREET, UM,
[01:20:02]
I'M TRYING TO FIGURE OUT IF, HOW DO YOU PUT IN FOUR CARS INSTEAD OF TWO? WELL, THEY HAVE TWO ON THEIR PROPERTY.I'M WONDERING IF, IF THEY COULD FIT TWO ON THE STREET LEGALLY THAT WOULD KIND OF HELP THEM OUT THERE.
WELL, YEAH, AND THE BAD PART IS, WELL, IT BLOCKED THE NEIGHBORS.
THAT'S THE ONLY THING IS BECAUSE THERE IS STILL THREE OTHER HOUSES IN THAT AREA AND MANNA.
AND THEN OF COURSE WITH THE NEW BUILDING GOING IN, I DON'T KNOW IF THAT'S GONNA AFFECT IT AT ALL OR NOT.
AND SO I'M, AND SO AS THE APPLICANT COMES FORWARD, YOU KNOW, I'M TRYING TO RECALL THE PRIOR CONVERSATION.
AND AS I RECALL, WE, WE WERE TALKING ABOUT THEM FIGURING OUT HOW TO SET IT SO THAT THEY COULD PARK THE FOUR CARS IN FRONT, IN FRONT OF THE PROPERTY, WHICH IS WHY IT IS THAT WE DIDN'T ALLOW FOR THE VARIANCE, YOU KNOW, SO BASICALLY SAID FIGURE IT OUT.
AND SO, UM, YOU KNOW, AND SO, AND I WOULD ALWAYS QUESTION IF WE'RE GOING TO ALLOW DEVELOPMENT THAT DOESN'T PROVIDE FOR THE PARKING, YOU KNOW, THAT'S KIND OF GOING AGAINST REALLY, YOU KNOW, PEOPLE, PEOPLE HAVE ADDITIONAL CARS, YOU KNOW, I GUESS THAT THEY BRING TO A PROPERTY.
AND SO, SO IS, IS THAT REALLY TRULY WHAT WE WERE ASKING FOR IN PRIOR DIALOGUE? AND THAT'S NOT WHAT I RECALL, SO, RIGHT.
AND, AND I, I'D BE CURIOUS TO KNOW HOW THE, THAT DISCUSSION MUST HAVE COME UP DURING THE ZONING CHANGE.
COMMISSIONER RE YEAH, AND I, I THINK PART OF, UM, MY CONCERN WITH PARKING FOR THERE WITH THE PREVIOUS SITE PLAN WAS IN FACT THAT THIS ROAD DEAD ENDS BEFORE THE END OF THE LOT.
SO ACCESS TO UM, PARK, ALL FOUR OF THOSE CARS WOULD'VE BEEN DIFFICULT.
AND, AND IT DOES SEEM LIKE THERE'S A FAIR AMOUNT OF STREET PARKING AVAILABLE HERE.
UM, I I DON'T KNOW IF YOU CAN PARK HEAD IN, IN THAT DEAD END OR, WELL, THEY, HE, HE CAN GET, HE'S, HE'S PUTTING TWO CARS ON HIS PROPERTY.
AND SO HE IS, SO ONE THING I I I JUST LOOKED UP THE PLAT AND MCAD STREET IS A 50 FOOT RIGHT OF WAY.
UH, SO IT MEANS THAT THE PAVEMENT WOULD BE 30 FEET WIDE, WHICH MEANS YOU ARE ALLOWED TO PARK ON EITHER SIDE OF THAT PAVEMENT LEGALLY.
SO ONE THING THAT, ONE THING THAT THE, THE APPLICANT COULD DO IS EXTEND THE PAVEMENT A LITTLE BIT SO THAT HE COULD EASILY FIT THE CARS, BUT HE ALSO COULD FIT HIM ON EITHER SIDE OF THE STREET.
UH, IT LOOKS, IT, IT, I DON'T KNOW.
I GUESS WE'LL HAVE TO WAIT TO HEAR FROM THE APPLICANT.
LET'S HAVE THE APPLICANT COME FORWARD PLEASE.
SO YOU'VE HEARD SOME OF OUR THOUGHTS.
UM, WE JUST WANNA MAKE SURE THAT IT IS POSSIBLE TO GET AT LEAST FOUR CARS.
I NOTICED YOU HAVE TWO IN YOUR PROPERTY AND THE TWO IN THE STREET.
I DON'T KNOW IF THEY CAN LEGALLY PARK THERE.
'CAUSE ONCE YOU BUILD YOUR DRIVEWAY, DO YOU HAVE ENOUGH PAVEMENT BEYOND YOUR DRIVEWAY TO FIT A CAR? I WOULD SAY YES.
UH, TO THE RIGHT, THERE'S NO ADJACENT HOUSE AND THAT IS WHAT WOULD KIND OF BE A, A ROUGH CUL-DE-SAC.
SO, AND BEING THAT I HAVE SEEN, UM, THE NEW COMMERCIAL BUILDING THAT IS, UM, BEING BUILT RIGHT NOW, AND IT HAS ITS OWN PARKING, SO I DO BELIEVE THAT IN THAT LITTLE T SHAPE OF THE STREET, THERE WOULD BE MORE THAN ENOUGH PARKING SPACES FOR TWO CARS.
DOES, UH, YOUR PLAN SHOWS YOUR DRIVEWAY TO BE SLIGHTLY, UH, FURTHER SOUTH, SLIGHTLY NOT DEAD CENTER, BUT SLIGHTLY FURTHER SOUTH AND THE DEAD END OF THE ASPHALT IS WHAT ABOUT TWO THIRDS OF THE WAY UP? MM-HMM
SO LOOKING AT THE PICTURE FROM HERE, I WOULD SAY IF WE'RE DEBATING WHETHER THE ENTRANCE IS ON THE LEFT, I THINK REGARDLESS IF YOU LOOK AT THE, THE TOP AND THE RIGHT, I BELIEVE THERE'S A, A POINTER YOU CAN USE.
UH, ON THE TOP AND ON THE RIGHT, I BELIEVE THAT THERE IS AC ADEQUATE SPACE, EVEN IF WE TAKE THIS OUT OF THE EQUATION.
WHO DOES LAND BELONG TO AFTER THAT DEAD END? UM, IS THAT, IS THAT CITY PROPERTY? YEAH.
LET ME SEE IF IT'S, I STILL GOT THE PLANET AND YOU, YOU WONDER IF YOU COULD, THAT'S ALL CITY RIGHT OF WAY.
IT IS, IT'S ALL CITY RIGHT OF WAY.
UM, I ASKED THE CITY ABOUT THE SAME THING.
THEY TOLD ME IT WAS AN EASEMENT.
AND ALSO ONE OF THE SLIDES THAT SHE ADDED THIS MORNING WAS THAT I CONTACTED MY DISTRICT FIVE COUNCILWOMAN AND I WAS ABLE TO GET THIS STREET CONSIDERED TO THE IMP, UH, SO THAT THEY CAN MAKE IMPROVEMENTS.
AND I'LL EVEN GO A STEP FURTHER AND HOPEFULLY I CAN MAKE A DISCUSSION WITH THEM.
I, I'M MORE THAN WILLING TO TAKE CARE OF ALL THE CEMENT, BUT OBVIOUSLY NOT THE STREET.
SO FROM THE STREET LEFT, INCLUDING MY CEMENT SIDEWALK, I'M MORE THAN PREPARED TO, UH, PUT IT UP TO CODE OR WHATEVER THEY PREFER.
AND THEN THE REST OF THE STREET I'M ASKING THAT THEY REPAIR IT.
UH, ANY QUESTIONS FOR SIR? WE MIGHT HAVE SOME
[01:25:01]
QUE WE MIGHT HAVE SOME QUESTIONS FOR YOU.ANY QUESTIONS FOR THE APPLICANT? CRUZ, COMMISSIONER CRUZ, UM, ON THE COUNCILMAN'S UH, OFFICE, DID THEY GIVE YOU A DEFINITE, UH, REPLY TO THE STREET, UH, FUNCTIONS? IF THEY CAN GET IT DONE OR NOT? NO.
UM, THAT'S THE INFORMATION THEY GAVE ME.
IF I WANT TO KIND OF, UH, IMPROVE THAT POSSIBILITY, I CAN DEFINITELY, UM, GO AHEAD AND SPEAK TO SOMEONE FURTHER ABOUT THAT.
'CAUSE I KNOW THAT WOULD HAVE TO BE ADDED INTO CITY BUDGET AND THAT'S NOT GONNA HAPPEN TILL SEPTEMBER.
YES, COMMISSIONER DEAN, SHOULD WE BE CONCERNED ABOUT A FIRETRUCK OR ANYTHING? UH, YOU BEING THE FIRE, FIRE EXPERT? WELL, ONCE THE FIRETRUCK CAN, UH, CAN GO UP TO 150 FEET, UH, AND EXPERIENCE A DEAD END CONDITION.
SO WHEN IT COMES DOWN THE, THE, THE BASE OF THE T IT CAN MAKE, IT CAN MAKE A RIGHT TURN.
HOW DEEP IS YOUR LOT? HOW OFTEN? HOW DEEP, UH, IS YOUR LOT? OH, UM, 65 FEET I BELIEVE.
NO, A HUNDRED, A HUNDRED FEET DEEP.
SO YEAH, WITH 150 FOOT IT COULD HOSE LAY AND TOUCH THAT, SO THAT'D BE FINE.
YOU'RE NOT PUTTING IN A SPRINKLER SYSTEM.
ARE YOU A SPRINKLER SYSTEM? UM, AT THE MOMENT, NOT THAT I'M AWARE OF.
WHAT ABOUT THE, UH, OR MAYBE THE APPLICANT, UH, THE MAILBOX SITUATION AND HOW THE MAIL IS RECEIVED FOR THE DUPLEX, IS IT GONNA BE ON SINGLE POLE OR THE, HOW IS THAT IS CLUSTER BOX OR? UM, SO AT THE MOMENT THERE HAS NEVER BEEN A RESIDENCE.
UH, BUT MOVING FORWARD I WOULD ASSUME A CLUSTER BOX OF SOME SORT, UH, AVAILABLE AT THE SIDEWALK.
DOES THAT AFFECT YOUR PARKING OR, I THINK IT'S, UH, WIDE ENOUGH TO WHERE I CAN POSITION THE CLUSTER BOX TO THE LEFT AND IT WON'T IMPEDE EGRESS OR INGRESS.
WELL WITH THE, WITH THE 50 FOOT RIGHT OF WAY, YOU HAVE 10 FEET FROM THE FACE OF CURB.
TRADITIONALLY YOU'D HAVE A FOUR FOOT SIDEWALK ON RESIDENTIAL, SO THE BOX THAT GO BEHIND THE SIDEWALK.
BUT, BUT THE LINE OF QUESTIONING AND I WAS GONNA BRING UP, UH, TRASH AND, AND RECYCLE PICKUP.
YOU KNOW, WE'RE TRYING TO MAKE SURE THAT IF A VEHICLE WAS PARKED THERE, LIKE IF YOU WEREN'T SUCCESSFUL WITH THE COUNCIL'S OFFICE, AND THIS IS JUST THE WAY IT WAS GONNA END UP BEING, IF THERE WAS TWO OF THOSE VEHICLES PARKED ON EITHER SIDE OF THAT ROAD, WHAT, WHAT IS THE REALITY OF, OF, OF THIS, OF THIS PROPERTY EXPERIENCING, YOU KNOW, POSTAL USE, UH, TRASH PICKUP.
CAN TWO CARS BE PARKED THERE AND NOT CONFLICT WITH THE, THAT THOSE WEEK, THOSE THINGS THAT HAVE TO HAPPEN DAILY OR WEEKLY? YEAH, I THINK THAT GIVEN THAT IT'S 65 FEET WIDE, I THINK THAT THERE'S AMPLE SPACE FOR TWO CARS AND THEN OR THREE AND THEN THERE'S ENOUGH SPACE FOR THE TRASH AND, UM, MAILBOXES.
AND THESE UNITS ARE TWO BEDROOMS, EACH UNIT WILL BE A TWO BEDROOM? CORRECT.
TWO, ONE BECAUSE, BECAUSE IF WE APPROVE IT TODAY, WE'RE BASICALLY APPROVING PERMANENT PARKING ON THE STREET, YOU KNOW.
IS THERE ANY OTHER QUESTIONS? STEVENS COMMISSIONER STEVENS, UH, CAN, CAN THE CITY CONFIRM THAT THEY REVIEWED AND APPROVED THE TWO PROPOSED SPOTS THAT ARE OFF STREET, THAT THEY MEET THE PARKING REQUIREMENT? ARE YOU TALKING ABOUT THEY'RE UNDER ORIGINAL REZONING? UH, JUST, JUST WHAT WE'RE LOOKING AT RIGHT NOW ON THE SCREEN PARKING SPACE ONE AND TWO OFF STREET.
I, I'M A BIT SKEPTICAL THAT THOSE ARE ACTUALLY FUNCTIONAL PARKING SPACES.
UH, WE DID NOTIFY THE APPLICANT, UM, HE STILL HAS TO GO THROUGH TRAFFIC REVIEW.
UM, AND THEN, UH, THE, THE REQUIREMENT OF 50 FOOT OR 50% IMPERVIOUS COVER.
UM, BUT THERE'S NO OFFICIAL PLAN TURNED IN, UH, OBVIOUSLY BECAUSE THIS IS NOT APPROVED YET.
SO WHEN I LOOK AT THIS LIKE A SHARED CURB CUT, I LOOK, IF, IF I PICTURE SOMEBODY PARKING IN SPACE ONE, I'M, I'M NOT SURE THAT YOU COULD EVEN ACCESS SPACE TWO WITH THAT LIMITED CURB CUT WIDTH.
ARE, ARE YOU CONFIDENT THAT THAT'S STILL A FUNCTIONAL SPACE OR CAN YOU INCREASE THE CURB CUT WIDTH? I THINK THAT'S WHERE I'M GETTING, YEAH, A LITTLE JAMMED UP.
UM, SO AGAIN, BEING 65 FEET WIDE, I THINK IF SOMEONE WERE TO ENTER, GO LEFT TO PARKING SPACE ONE, I BELIEVE THAT THERE'S ENOUGH SPACE TO GO RIGHT INTO PARKING SPACE.
TWO, UH, UH, BUT AGAIN, I'M AVAIL, I'M OPEN TO WIDENING THAT EGRESS AND INGRESS AREA.
IF I HAVE TO DO NEW CEMENT TO KIND OF WIDENING THAT ENTRANCE AREA, I'M PREPARED TO DO SO.
A A A PARKING SPACE IS 18 FEET.
18 FEET AND WITH 90 DEGREE PARKING, THEY WANT 25 FEET BEHIND.
THAT DOESN'T GIVE YOU A LOT OF ROOM.
YOU, YOU'D HAVE TO PUT THE CARS ALL THE WAY TO THE ENDS AND YOUR SIDE DRIVEWAY WOULD BASICALLY HAVE TO BE IN THE MIDDLE.
THAT'S WHY A CONCERN FOR ONE IS A, IS A CONCERN.
'CAUSE WITHOUT YOUR APRON BEING IN THE MIDDLE OF THAT, THAT PROPERTY, IT,
[01:30:01]
THE, THE CAR'S GONNA BE OVERHANGING IN FRONT OF THE DRIVEWAY.AND SO THAT'S, AND SO, AND IF YOU MOVE THE DRIVEWAY, APRON FURTHER TO THE RIGHT, YOU MAY NOT HAVE ENOUGH ROOM.
YOU PARK A CAR NEXT TO THE APRON, YOU DON'T HAVE A FIRE HYDRANT THERE OR ANYTHING, DO YOU? UM, THERE MIGHT BE ONE FURTHER DOWN THE STREET, BUT NOT IN FRONT OF THE PROPERTY, NOT IN FRONT OF YOUR PLACE.
SO I'M JUST TRYING TO RECALL THE PRIOR DIALOGUE.
SO, SO 'CAUSE UM, YOU, THERE'S A BACK SETBACK ON THE BACKSIDE, SO THE BACK PROPERTY LINE.
AND SO HAS THAT BEEN PART OF THIS DIALOGUE? WAS THAT PART OF THE DIALOGUE IN THE PRIOR DIALOGUE AND WE SAID, NO, YOU CAN'T PUSH IT BACK ANY FURTHER.
AND THEN I WAS ADVISED BY ONE OR TWO MEMBERS OF THE BOARD TO PERHAPS TRY A PARKING VARIANCE IN THE FUTURE AND YOU STAND BEFORE YOU.
SO, UM, AND SO I GUESS ONE QUESTION WOULD BE THE SIZE OF THE PROPERTY ITSELF.
SO, SO, YOU KNOW, SO YOU HAVEN'T BUILT THE STRUCTURES, SO, SO WHAT LEEWAY DO YOU HAVE OR WHAT, WHAT OPPORTUNITIES DO YOU HAVE WITH REGARDS TO THE SIZE OF THE EXISTING STRUCTURES? SO THEY'RE THE SMALL, THEY'RE THE BIGGEST OR THE SMALLEST THAT THEY CAN BE? UM, UM, I WOULD SAY NEITHER THE, THE SMALLEST OR THE LARGEST.
I WOULD SAY THEY'RE ADEQUATELY ROOMED.
ADDITIONALLY, IF I CAN SAY ONE LAST THING IS, UM, I'VE BEEN DOING THIS FOR, YOU KNOW, TWO YEARS GOING NOW AND ONE I'M CURIOUS TO SEE WHAT EXACTLY THE, THE ORIGINAL REZONING SAID.
RIGHT? I WONDER IF WE, THEY TOOK THAT INTO CONSIDERATION WHEN I DID THAT IN 2024.
I BELIEVE THAT SOMETHING MIGHT, THERE MIGHT HAVE BEEN SOME WORDS, A PARAGRAPH OR TWO IN RESPECT TO PARKING.
UM, BUT ALSO, UH, CARRYING OUT THIS PROCEDURE LAST TIME, UM, I ATTEMPTED TO GET THE SETBACK VARIANCE, IT WAS DENIED.
AND THIS IS MY LAST AVENUE TO ACCU ACCU TO JUST BUILD LIKE I INTENDED TO FOR REZONING PURPOSES.
STAFF, CAN YOU ZOOM OUT A LITTLE BIT? YEAH.
WHAT IS IT? IT SHOWS THE 20 FEET IN THE REAR.
AND WHAT DID WE APPROVE LAST TIME? UH, IT WAS DENIED FOR A FIVE, OH, I THINK IT WAS FOR IT TO BE MOVED BACK 10 FEET.
SO, SO HE, SO WE DENIED HIM MOVING IT BACK.
SO NOW HE'S LOOKING FOR A PARKING FAIR.
I PERSONALLY WOULDN'T CARE IF HE MOVED IT BACK 10 FEET.
AND I, I, I THINK I WAS ACTUALLY THE ONE THAT SUGGESTED THE PARKING VARIANCE.
WELL, I'LL
AND BY MOVING IT FORWARD, SINCE IT DID APPEAR THAT THERE IS STREET PARKING AVAILABLE, IT DID, UH, ALLOW FOR SOME SPACE IN THE REAR GREEN SPACE.
COMMISSIONER, COULD YOU SPE REPEAT THAT A LITTLE LOUDER? WE COULD HEAR YOU DOWN HERE.
I, I I THINK, UM, SINCE I HAD SUGGESTED LAST TIME AROUND THAT HE CONSIDER A PARKING VARIANCE, INSTEAD OF HAVING THE BUILDING PUSH BACK 10 FEET, THE THOUGHT WAS, UM, TO INCREASE THE AMOUNT OF PERMEABLE GROUND COVER, UH, BY MOVING THE BUILDINGS FORWARD AND ALLOWING GREEN SPACE IN THE REAR.
OTHERWISE YOU HAVE, UM, A LOT OF, LOT COVERAGE BETWEEN THE BUILDING FOOTPRINT AND IF YOU WERE TO HAVE FOUR PARKING SPACES IN THE FRONT, I'LL MAKE ANOTHER SUGGESTION.
THESE BUILDINGS ARE JUST OVER 10 FEET APART.
WHAT CAN'T WE SNEAK A PARKING SPACE BETWEEN THEM? JUST ONE NEXT TO THE TWO STAIRWELLS
HE'S NOT, HE HE'S NOT, HE'S NOT GONNA BE LIMITED TO THE SITE PLAN.
IF YOU APPROVE FOR A REDUCTION OF THE TWO PARKING SPACES, HE CAN MAKE THAT ADJUSTMENT.
BUT IS HE PROCESSING THIS AS A COD ON TWO DIFFERENT LOT OR IS HE DOING IT AS LIKE A MASTER? BECAUSE YOU CAN'T HAVE A PARKING SPACE CENTERED ON A LOT LINE LIKE THAT WITHOUT SOME SORT OF AN EASEMENT.
I GUESS HE COULD GET AN EASEMENT FOR IT.
I'VE, I MEAN I'VE DONE THAT BEFORE.
SO ALSO, I GUESS IS THE, SO ON THE BACK PROPERTY, IS THAT POSSIBLE FOR PARKING? SO I HAVE A DRIVEWAY ALL THE WAY TO THE BACK.
OH, THAT'S A LOT OF IMPERVIOUS COVER.
WELL, I'M JUST, YOU KNOW, WE GO THROUGH IMPERVIOUS COVER VERSUS PARKING ON THE STREET.
AND SO, 'CAUSE I KNOW THAT WE'VE SEEN SOME DEVELOPMENT STANDARDS IN THE PAST WHERE THEY DO HAVE PARKING IN BETWEEN OR THE BACKSIDE MOVED ALL AROUND, YOU KNOW, THE PROPERTIES THEMSELVES.
SO STAFF, IS HE ALLOWED TO PARK IN THE REAR ON A R FORD DEVELOPMENT? YES.
SO HE COULD PUT IN LIKE A RIBBON DRIVE OR SOMETHING AND GET SOME PARKING IN THE REAR.
I BELIEVE THAT'S WHAT THE ORIGINAL REZONING CASE.
SO I THINK THAT, UM, I, I WOULD BE PRIVY TO GIVE HIM
[01:35:01]
A VARIANCE FOR ONE PARKING SPACE JUST, AND THEN WE'LL SEE WHICH WAY HE WANTS TO GO WITH THAT INSTEAD OF HMM.MAKE IT THREE PARKING SPACES INSTEAD OF TWO.
BECAUSE HE COULD, HE COULD, HE COULD HAVE ONE UP THE MIDDLE AND HE COULD PARK ONE CAR ON THE STREET.
OR IF HE WANTED TO, HE COULD PUT LIKE A LITTLE RIBBON DRIVE IN THE BACK AND PUT SOME PARKING IN THE REAR.
WELL, I THOUGHT THAT'S WHAT WE HAD PROPOSED BEFORE AND WE DIDN'T.
WELL, SOMETIMES YOU HAVE TO MAKE A, MAKE THE VARIANCE WORK TO GET 'EM TO DO SOMETHING, YOU KNOW? YEAH, THAT'S TRUE.
WELL THAT WOULD BE A GOOD SUGGESTION.
COMMISSIONER IBANEZ DON'T HAVE A PROBLEM WITH HIM HAVING THE TWO PARKINGS ON THE STREET.
THERE'S PLENTY OF SPACE THERE.
I I THINK THAT WE'RE TRYING TO MAKE A FOOT FIT INTO A SHOE THAT WE KIND OF DESIGNED.
AND UM, SO I I THINK THAT, UM, BEING THE, THE PROJECT THAT HE HAS ASKING FOR THAT THOSE TWO CARS, TWO CARS TO BE PARKED ON THE STREET, I DON'T THINK THAT'S A PROBLEM.
AND I ALSO THINK THAT IT, IT, IT'S MORE DANGEROUS TO HAVE THAT A CAR IN THE MIDDLE OF THOSE TWO.
WELL, DUPLEXES I MADE THE SUGGESTION BECAUSE I DON'T KNOW IF WE CAN GET TO NINE, UH, AS, AS REQUESTED AND, AND MANNA YES.
COMMISSIONER MANNA AND, AND, AND I WOULD, I DON'T NECESSARILY AGREE THAT IT, WE DESIGNED IT.
WE ARE NOT THE ARCHITECTS HERE OF THE PROPERTY.
AND SO, SO THEY WERE GIVEN, YOU KNOW, THEY WERE GIVEN A LOT OF LEEWAY WITH REGARDS TO WHAT THEY WANTED TO DO.
AND THE DESIGN THEY CAME WITH IS, IS DOING WHAT IT IS THAT THEY'RE ASKING US TO DO.
AND SO, SO THEY'RE TRYING TO FIT A WHOLE LOT OF STUFF ONTO A PROPERTY AND THEY DON'T HAVE ENOUGH SPACE ON THEIR PROPERTY.
AND SO NOW THEY'RE ASKING, YOU KNOW, FOR US TO KIND OF, YOU KNOW, ASK FOR THE FORGIVENESS.
AND SO I DON'T WANNA, I I DON'T WANNA SAY THAT I HAD ANYTHING TO DO WITH, YOU KNOW, UH, THEM PRESENTING THEIR PROBLEM.
THIS IS, WELL HE DID ASK FOR A VARIANCE FOR SETBACKS TO PUSH THAT BACK SO HE COULD FIT FOUR CARS IN THE FRONT.
AND WE, AND WE'RE KIND OF MAKING, UM, TRYING TO MAKE AN ASSESSMENT OF HIS REQUESTS OF HAVING, YEAH.
AND THE, AND THE OTHER THING HE COULD DO IS HE COULD PARK TWO CARS NEXT TO EACH OTHER, RIGHT NEXT TO THE STAIRS IN FRONT OF EACH LOT.
IF HE WOULD JUST MOVE THE BACK A COUPLE FEET AND JUST PUT TWO DIFFERENT DRIVEWAYS.
I MEAN, HE HAS OTHER THINGS, THE OPTIONS HE CAN DO.
SO I THINK THERE'S LOTS OF OPTIONS THAT ARE AVAILABLE FOR THE OFF STREET PARKING.
AND SO, UM, SO ANYWAY, I I'M GONNA LEAVE IT TO, UH, IS THERE ANY ONE SENATOR TO SPEAK OF VOICEMAILS IN THIS? NO.
SO I'M, WHAT I'M GONNA DO IS I'M GOING TO LEAVE IT FOR WHOEVER IS, FEELS THAT THEY'RE MAYBE NOT, UH, IN FAVOR OF THIS.
MAYBE TO MAKE THE MOTION AND MAKE A MOTION FOR WHAT THEY COULD LIVE WITH AND START FROM THERE.
MAYBE, UH, BON I GOT A QUESTION FOR YOU.
YES, COMMISSIONER, REAL QUICK.
THESE ARE, EACH ONE OF THEM IS A DUPLEX, RIGHT? THERE ARE TWO STORIES, CORRECT.
'CAUSE THERE'S SOME PLAN WE HAVE IN HERE THAT SAYS 1106 SQUARE FEET.
IS THAT PER FLOOR? IS THAT PER, THAT'S PER FLOOR.
AND THEN THOSE ARE THE STAIRS RIGHT IN FRONT.
ANYBODY LIKE TO MAKE A MOTION? ANYONE
SO REGARDING CASE NUMBER BO 8 26 DASH 0 3 0 0 0 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A VARIANCE REQUEST FOR A 50% VARIANCE FOR THE MINIMUM REQUIRED FOUR OFF STREET PARKING SPACES TO ALLOW TWO OFF STREET PARKING SPACES SITUATED AT 5 7 0 3 MCDONALD STREET, APPLICANT BEING RO GARCIA.
BECAUSE THE TESTIMONY PRESENTED TO US IN FACTS THAT WE DETERMINE SO THAT THE PHYSICAL CHARACT OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE OF THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSAL TO REDUCE THIS MINIMUM WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST, IS THE ONLY LOT WITH ACCESS FROM A DEAD END AS, AS THE ONLY LOT WITH ACCESS FROM A DEAD END.
AND ANY SPILL OVER PARKING ON THE STREET WOULD NOT NEGATIVELY IMPACT SURROUNDING PROPERTY OWNERS.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE LITERAL ENFORCEMENT, THE ORDINANCE WOULD RESULT IN UNNECESSARY, UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP BECAUSE THERE WAS AN INADEQUATE SPACE ON THE SUBJECT PROPERTY TO ACCOMMODATE THE REQUIRED FOUR PARKING SPACES.
BUT GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE WILL STILL BE OBSERVED AS THIS, AS THIS PROPERTY IS THE ONLY LOT ON A DEAD END.
AND ANY NEGATIVE EFFECTS FROM THE SPILLOVER PARK ON THE STREET WILL BE MINIMIZED AS THE STREET WOULD ONLY SERVE THE RESIDENTS OF THE SUBJECT PROPERTY FOR THE VARIANCE WHEN NOT AUTHORIZED THE OPERATION
[01:40:01]
OF USE OF THOSE USE SPECIFICALLY AUTHORIZES ZONING.ANY DISTRICT LINK TO THE VARIANCES LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT ONCE THE PROPERTY'S LOCATED.
GRANTED THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS AS ANY NEGATIVE EFFECTS FROM SPILLOVER.
PARKING ON THE STREET WOULD BE MINIMIZED AS THE STREET WOULD ONLY SERVE AS THE RESIDENCE OF THE SUBJECT PROPERTY.
AND SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY.
WERE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS.
AND THE DISTRICT FINDS THE PROPERTY IS LOCATED, THE APPLY TO THE PROPERTY OWNER IS DUE TO THE UNIQUE CIRCUMSTANCES OF THE SUBJECT PROPERTY BEING THE ONLY LOT WITH FRONTAGE OF THE DEAD END PORTION OF STREET.
FURTHERMORE, THE PUBLISHED REZONING ORDINANCE HOLDS THE DEVELOPMENT TO THE PROPERTY TO, TO THE SITE PLAN AS APPROVED BY CITY COUNCIL, WHICH IS NOT DEPICT PARKING ON THE PROPERTY, BUT INSTEAD ON THE STREET AND A MOTION.
SO I READ THE MOTION AS AS IT WAS, UH, PRESENTED TO US AND I'M GONNA, YOU KNOW, VOTE IN FAVOR AND SEE WHERE, WHERE, WHERE IT LIES WITHIN THE BOARD.
I MEAN, I THINK THAT THERE IS ADEQUATE SPACE OFFSITE.
I THINK IT PROVIDES MUCH NEEDED AFFORDABLE HOUSING.
I'M SURE THAT THE RENTAL MARKET'S GONNA BE TESTED WITH HAVING, YOU KNOW, THE, THE PARKING OFF, OFF, OFF PREMISE.
AND UH, I THINK THAT'S GONNA BE REFLECTIVE IN THE RENTAL RATES AND I THINK IT WOULD PROVIDE KIND OF AN AFFORDABLE HOUSING SOLUTION FOR THIS MUCH NEEDED.
ALL RIGHT, COMMISSIONER MANNA.
SO, UM, I'LL BE VOTING NOT IN FAVOR OF THIS, UM, FOR A COUPLE REASONS.
YOU KNOW, ONE, YOU KNOW, THE COMMUNITY HAS WEIGHED IN WITH REGARDS TO THE NEIGHBORHOOD ASSOCIATION.
AND SO WHILE IT IS THAT THE APPLICANT STATED THAT HE DID TALK TO THE, UM, BUDDING NEIGHBORS, YOU KNOW, THE COMMUNITY HAS SAID NO AND THEY SAID NO FOR A COUPLE OF REASONS.
AND SO THEY, THEY TALKED ABOUT SOME OF THE ISSUES THAT WE BROUGHT UP, UH, WITH REGARDS TO SERVICE ISSUES.
UM, AND THEN ALSO, YOU KNOW, JUST POLICY IN GENERAL.
AND SO, YOU KNOW, I DON'T KNOW THAT IT'S, YOU KNOW, THAT IT, IT IS GOOD PRACTICE TO UM, STAY THAT BUILDERS CAN BUILD THINGS WITHOUT PROVIDING FOR THE PARKING.
YOU KNOW, 'CAUSE THAT'S, THAT IS PART OF THE THINGS THAT WE'RE SUPPOSED TO BE THINKING ABOUT.
AND THEN, UM, AND THEN ALSO I THINK JUST THE NOTION OF, UM, SO THIS, THIS, YOU KNOW, THIS WAS GRANTED AS AN R YOU KNOW, WAS STARTED OUT AS AN R FOUR WITH RESIDENTIAL PARKING, YOU KNOW, A STANDARD SINGLE LOT.
AND NOW WE'VE MADE THIS ESSENTIALLY, YOU KNOW, A, A QUADPLEX ON THIS PROPERTY.
UH, THAT'S, YOU KNOW, I THINK THEY HAVE TO FIGURE OUT HOW TO MAKE IT WORK IF THAT'S TRULY WHAT THEY WANTED AND, AND YOU KNOW, SO I'M NOT GONNA BE IN FAVOR THIS.
ALRIGHT, ANYONE ELSE LIKE TO ADD? ALL RIGHT.
COMMISSIONER LINA? YES, I CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER BENAVIDES? I DO NOT CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
UH, I CONCUR WITH THE FINES OF FACT, BUT MOTION FAILS.
UH, SEVEN TO THREE WITH ONE ABSTENTION.
IS ANYONE ON THE PREVAILING SIDE LIKE TO OFFER? UM, UM, MOTION TO RECONSIDER WITH A RE WITH A, WITH THE CHANGE IN THE AMOUNT OF, UH, PARKING? ALL RIGHT.
UM, YOU HAVE TO GET WITH STAFF AND SEE WHAT YOUR OPTIONS ARE, BUT YOU'VE HEARD, HEARD SOME MENTIONED TODAY.
UH, SO YOU CERTAINLY CAN PURSUE THAT.
OKAY, ITEM NUMBER NINE IS LOCATED AT 92 18 ECHO PORT DRIVE.
THE ZONING IS R SIX RESIDENTIAL SINGLE FAMILY DISTRICT.
UH, THE REQUEST IS FOR ONE A THREE FOOT AND ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM FIVE FOOT.
PREDOMINANTLY OPEN FRONT YARD FENCE TO ALLOW FOR THREE EIGHT FOOT TALL GATES AND A SIX FOOT TALL FENCE ALONG THE FRONT PROPERTY LINE.
AND TWO, A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A 10 FOOT FOUR INCH DRIVEWAY.
THEIR SURROUNDING AREAS PRIMARILY DEVELOPED WITH SINGLE FAMILY RESIDENCES ON LOTS ZONED R FOUR AND R SIX.
THIS CASE ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION IN RESPONSE TO
[01:45:01]
A CITIZEN CALL REGARDING THE INSTALLATION OF AN EIGHT FOOT TALL WROUGHT IRON DRIVEWAY GATE AND SUPPORTING BEAMS EXCEEDING EIGHT FEET IN HEIGHT FOLLOWING THE CITATION FROM THE STOP WORK ORDER, STEMMING FROM THERE BEING NO FENCE PERMIT APPLIED FOR THE APPLICANT REMOVED THE DRIVEWAY GATE AND APPLIED FOR A RESIDENTIAL FENCE PERMIT.PROPOSING FIVE FOOT TALL FRONT YARD FENCING.
THE APPLICANT IS REQUESTING A FENCE HEIGHT, SPECIAL EXCEPTION TO ALLOW THE INSTALLATION OF THE ORIGINALLY PLANT EIGHT FOOT TALL GATES AND THE EIGHT FOOT TALL SUPPORTING BEAMS WITH THE SIX FOOT TALL, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD AS THESE WR IRON ITEMS HAVE ALREADY BEEN DESIGNED AND COMPLETED AT THOSE HEIGHTS.
ADDITIONALLY, THE PROPOSED DRIVEWAY GATE IS WITHIN THE MINIMUM 15 FOOT DRIVEWAY CLEAR VISION AREA AND WOULD REQUIRE A FOUR FOOT EIGHT INCH VARIANCE TO REMAIN IN THAT AREA.
STAFF NOTIFIED THE PROPERTY OWNER OF THE FRONT YARD IMPERVIOUS COVER STANDARDS AND THEY DETERMINED NO REQUEST WAS REQUIRED.
THIS IS THE SITE PLAN WITH THE SPECIAL DEFENSE SITE SPECIAL EXCEPTION JUST ALONG THE FRONT PROPERTY LINE AND THEN THE CLEAR VISION.
AND THEN THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL FOR THE DRIVEWAY.
CLEAR VISION BASED ON THE FOLLOWING FINDINGS OF FACT.
THERE'S NO SIGNIFICANT ENCROACHMENT INTO THE RIGHT OF WAY THAT WOULD IMPEDE TRAFFIC OR PEDESTRIAN SAFETY OR HINDER MAINTENANCE ISSUES.
AND TWO, THE ADJACENT PROPERTIES RETAIN FULL FUNCTIONALITY AND NO TRAFFIC IMPACTS OR CIRCULATION CONFLICTS ARE EXPECTED.
STAFF RECOMMENDS DENIAL IN THE FENCE HEIGHTS.
SPECIAL EXCEPTION BASED ON THE FOLLOWING FINE NEEDS OF FACT ONE.
THE PROPOSED GATE AND FENCE HEIGHTS ALONG THE FRONT PROPERTY LINE ARE THREE FEET AND ONE FOOT OVER THE MINIMUM REQUIRED, PREDOMINANTLY OPEN FENCE HEIGHT, WHICH ADVERSELY IMPACTS THE VISUAL OPENNESS OF THE FRONT YARD AREAS ALONG THE STREETSCAPE.
AND TWO, THE SPECIAL EXCEPTION WILL ALTER THE ESSENTIAL CHARACTER AND UNIFORMITY OF THE NEIGHBORHOOD AS NO SIMILAR FENCES WERE OBSERVED TO BE BUILT WITHIN THE FRONT YARD OF THE PROPERTIES.
THERE WERE 48 NOTICES MAILED OUT, UH, ZERO RECEIVED IN FAVOR, TWO RECEIVED AN OPPOSITION AND NO RESPONSE FROM THE SOUTHWEST COMMUNITY ASSOCIATION NEIGHBOR ASSOCIATION.
AND THAT CONCLUDES STAFF'S PRESENTATION.
LET'S HAVE THE APPLICANT COME FORWARD.
STATE YOUR NAME, TELL US ABOUT YOUR PROJECT PLEASE.
GOOD AFTERNOON, MEMBERS OF THE BOARD.
MY NAME IS DERAMO GONZALEZ AND WELL, I'M OBVIOUSLY ALREADY KNOW I'M HERE.
SAFETY AND UH, UH,
SO, UH, WE HAVE, UH, PICTURES AND WE WENT AROUND THE OTHER NEIGHBORS AND THEY OPPOSE, THEY THEY DO.
SO IT'S, AND FOR THE SOUTHWEST COMMUNITY ASSOCIATIONS AS WELL, I JUST HANDLE EVERYTHING TO YOU CAN, CAN THAT BE ALSO DISPLAYED ON OUR MONITORS HERE AT THE SHARED MONITOR? ALRIGHT, THANK YOU.
ALL RIGHT, SO I'M GONNA START OFF, UH, YOU'RE ASKING FOR THREE EIGHT FOOT TALL GATE, EIGHT FOOT.
ARE YOU TALKING ABOUT LIKE A IT'S BECAUSE OF THE ART, THE DESIGN OF THE ART.
SO THE, DO YOU HAVE ANY PLANS OR ANYTHING THAT SHOWS LIKE WHAT IT IS EXACTLY? THERE'S SOME PICTURES RIGHT THERE.
UH, IT'S MAINLY 'CAUSE OF SECURITY.
'CAUSE I GOT SOME PICTURES OF THIS, UH, MAN GOING INTO MY PROPERTY.
I HAVE MY WIFE, UH, STAY HOME AND TWO LITTLE KIDS, SIX AND EIGHT.
ALSO ARGUMENTS WITH THAT PERSON THAT, FOR HIM TO PUT HIS REPORTS AS WELL FOR HIM.
SO WHEN YOU, WHEN THE REQUEST IS FOR THREE, YOU'RE SAYING THAT TWO OF THE THREE ARE
[01:50:01]
THE, IS THIS MAIN GATE? YES, BECAUSE IT'S TWO PANELS, GATE OF THOSE.AND AND THERE'S JUST THE SIX FOOT PANELS, THEY'RE GONNA BE IN BETWEEN.
THAT'S, UH, OTHER, UH, NEIGHBOR'S PROPERTIES.
THEY'RE LIKE WAY CLOSER THAN MINE.
UH, MINE IS LIKE LITTLE BIT SET MORE BACK.
YOU GOT MORE, MORE CLEARANCE IN THE FRONT.
THAT'S BASICALLY THE SIDE, THE DISTANCE WHERE OUR FENCE STARTS FROM ONE OF OUR NEIGHBORS.
UM, THE REASON I BUILT IT THAT HIGH, BECAUSE THAT PERSON, THAT NEIGHBOR NEXT DOOR, SHE TOLD US THAT THAT PER THAT MAN LITERALLY JUMPED THEIR FENCE AND WAS JUST LIKE WALKING INSIDE THEIR PROPERTY AND UH, I DON'T KNOW, HE IS NOT ALL THERE ON DRUGS OR WHATEVER, BUT JUST BASICALLY BUILDING THIS FOR SECURITY FOR ME.
YEAH, THOSE PICTURES ARE VERY DARK.
IT WAS HARD TO TELL WHAT EXACTLY IT IS.
WE WERE INTENDING TO LOOK AT THOSE FOR THE MY WIFE.
PLEASE STATE YOUR NAME AND, AND
UM, THOSE PICTURES ARE BECAUSE JUST SO YOU COULD SEE OF HOW IT IS AT NIGHT, HOW DARK.
THERE'S A LIGHT CITY LIGHT, BUT IT'S OKAY.
DI SO YOU WEREN'T EMPHASIZING SOMEBODY WALKING DOWN THE SIDEWALK? SO WE HAVE, UM, POLICE REPORTS THAT WE'VE MADE MM-HMM
BECAUSE THAT, THAT SAME INDIVIDUAL HAS BEEN ALWAYS WALKING INTO OUR PROPERTY.
IF WE HAVE LIKE THE SIDE GATES OPEN, HE WILL WALK TO THE BACKYARD.
WE GOT OUR MAILBOX ALSO RIGHT IN FRONT OF IT AND ALSO BROKEN INTO IT.
WE MADE A POLICE REPORT FOR THAT TOO.
'CAUSE THE MAILBOX IS LITERALLY RIGHT BY OUR HOUSE.
AND INDIVIDUALS WENT IN THEIR CAR AND THEY BROKE INTO THE MAILBOX AND WE'RE JUST WORRIED.
WE KNOW WE HAVE CHILDREN AND IT'S AT NIGHT.
YOU NEVER KNOW WHAT IF THEY DECIDE TO GET INTO OUR HOUSE.
AND WHAT HE WAS TALKING ABOUT THE OTHER GATES, UM, OF THE NEIGHBORS, I JUST TOOK PICTURES.
SO YOU CAN SEE THAT SOME OF THEM HAVE A FIVE FOOT AND THAT INDIVIDUAL, HE DOESN'T CARE.
AND THEY PUT HIS REPORTS ON THAT.
SO WE ARE KIND OF LIKE, IT'S, WE DO GET REQUESTS BECAUSE SOMETIMES WE SEE GATES THAT HAVE A CERTAIN LOOK AND MAYBE THEY NEED TO BE A LITTLE BIT TALLER TO ACCENTUATE THE LOOK.
EIGHT FEET IS JUST PRETTY TALL.
WE HAVE PICTURES THERE, LIKE HOW IT LOOKS AT ONE OF THE GATES.
SO WE HADN'T FINISHED 'CAUSE I, UM, THEY SAID THAT WE HAD ALREADY FINISHED THE WHOLE FENCE.
THE WHOLE FENCE IS NOT MADE ONE, IT WAS JUST THAT ONE, THAT ONE.
AND HE HAD GONE TO PUT IT TO SEE HOW, HOW IT LOOKED IF WE LIKED IT, THE POST, ARE WE GONNA CUT 'EM DOWN TO MEET THE FENCE? IS THE, IS THE GATE GONNA BE MANUAL OR AUTOMATIC? NO.
IN THE FUTURE WE CAN, NO, IT'S JUST GONNA BE LIKE OPEN MAN MANUAL.
ANY COM, ANY COMMISSIONER QUESTIONS.
SO IS, IS THERE ANOTHER EXAMPLE ANYWHERE IN YOUR COMMUNITY WITH A FENCE GATE THAT IS THAT TALL? BECAUSE I KNOW YOU PROVIDE, ALL THE FENCES YOU SHOWED WERE FOUR FOOT, UM, AND MAYBE ONE FIVE FOOT FENCE THAT I SAW MM-HMM
AND SO, SO YOU'VE NOW EXTENDED THREE FEET OVER WHAT I SAW AS THE TALLEST FENCE IN YOUR COMMUNITY.
AND YOU KNOW, THAT'S, I LOOK FOR, I LOOK FOR CONSISTENCY AND, AND SO I DON'T SEE THAT AS A CONSISTENT, YOU KNOW, CONSISTENT THING.
SO THE MAIN REASON IS BECAUSE OF SECURITY.
THAT PERSON DOESN'T CARE THAT HEIGHT.
THAT DOORMAN WILL JUMP THAT FOUR FOOT FENCE.
WELL, IT'S, IT'S, IT'S, UH, JUST CURIOUS ABOUT, UM, THE ADAPTABILITY OF THE EIGHT FOOT GATES.
YOU KNOW, SIX FEET, YOU KNOW, YOU CAN DO A FIVE FOOT, PREDOMINANTLY OPEN FENCE.
EIGHT FEET IS SOMETHING COMPLETELY DIFFERENT.
UM, IS THERE ANY VOICEMAILS ANYONE SENT TO SPEAK? NO.
IS THERE ANY OTHER COMMISSIONER QUESTIONS? SO THOSE, UH, SIGNATURES WERE IN FAVOR AND WE ALSO HAVE IN FAVOR FOR THE SOUTHWEST, UM, COMMUNITY ASSOCIATION? YES.
PAM EMAILED, UM, THE PICTURES AND OF BON YES.
COMMISSIONER BON, HAVE YOU GUYS ALREADY PURCHASED ALL THE MATERIAL FOR THIS FENCE? YES.
HALF OF IT, WE ONLY, JUST WHAT YOU SAW ON THOSE PICTURES, THAT'S ALL WE HAVE RIGHT NOW.
WE'VE ALSO BEEN HAVING TROUBLE WITH.
AND THEN WHAT'S THE TOTAL, CINDY, WHAT'S THE TOTAL ON THE, THE PEOPLE THAT ARE IN FAVOR OF THIS? OR
[01:55:01]
DO YOU GET, WHAT'S THE TOTAL NUMBER OF HOW MANY WE HAVE IN FAVOR ASSOCIATION? SEVEN.SEVEN PLUS THE NEIGHBORHOOD ASSOCIATION.
WHAT'S THE TALLEST FENCE YOU EVER REMEMBER APPROVING? UH, EIGHT FOOT, BUT NOT FOR RESIDENTIAL AND FRONT.
I MEAN, WE'VE DONE, YOU KNOW, WE'VE DONE, UM, I RECALL DOING A TALLER FENCE ON ONE OF THESE TWO ACRE ESTATE LOTS.
UH, I RECALL DOING A TALLER FENCE, UH, WHEN THEY WERE ABUTTING COMMERCIAL OR WHATEVER.
THERE WAS SOME ISSUE ABOUT THAT.
BUT, BUT AN EIGHT FOOT ON A GATE IS, IS HIGH.
UH, I DON'T RECALL DOING ANYTHING HIGHER THAN, THAN LIKE SEVEN ON AN ARCHITECTURAL GATE.
SO, UM, I I, THIS ONE'S ODD BECAUSE SO MANY PEOPLE ARE IN FAVOR AND, AND THE NEIGHBOR ASSOCIATION, WHICH IS VERY DIFFERENT.
WE'VE TALKED TO THEM AND THEY ALL, THEY'RE ALL IN FAVOR BECAUSE THEY ALSO WISH TO HAVE THEIR FENCES THAT TALL BECAUSE, CAN YOU SPEAK INTO THE MICROPHONE PLEASE? YOU HAVE TO, YEAH.
SO THEY'RE IN FAVOR BECAUSE THEY ALSO, YOU SAW THE FENCES AND SINCE THEY'RE ONLY PERMITTED FIVE FEET, UM, THEY ALSO AGREE THAT, YOU KNOW, THEY'RE ALWAYS HAVING TROUBLE WITH THAT ONE NEIGHBOR.
YOU KNOW, THEY CALL THE COPS AND YES, THEY ARREST HIM, BUT THEN HE GETS OUT AND HE'S IN EVERYBODY'S PROPERTY.
THEY'RE ALWAYS HAVING ISSUES WITH HIM.
SO THEY, THEY THOUGHT IT WAS A GOOD IDEA.
LIKE, OH, TO HAVE A FENCE LIKE THAT FOR, YOU KNOW, FAMILY PROTECTION.
I MEAN, I'M NOT OPPOSED TO THE SIX FEET.
I, I'M JUST THE EIGHT'S KIND OF TALL.
SO CHAIR DID, DID THEY DISCUSS THE SIDE FENCE ALSO? I MEAN, WHAT KEEPS THE GUY FROM JUMPING THE SIDE FENCE IF THAT, WOULD THEY BE ALLOWED TO DO THE SAME HEIGHT ALONG THE FRONT? THEY, THEY COULDN'T DO MORE THAN FIVE FEET DOWN THE SIDE UNLESS WE, DO WE HAVE A VARIANCE ON THE SIDE? FENCING? NO, IT'S JUST THE FRONT.
NO, THE REQUEST IS PROPERTY LINE.
DID YOU HAVE ANY INTENT TO RUN THAT, THAT SIX FOOT WROUGHT IRON DOWN THE SIDES? UM, IN THE FUTURE WE WANT TO DO, WELL, ONE OF THEM IS, UM, AS YOU CAN SEE, IT'S THEIR BACKYARD, UM, TO THE, IF WE'RE LOOKING AT IT TO THE LEFT, YEAH, THAT'S THEIR BACKYARD.
IS IT RIGHT THERE PAST THE NEIGHBOR'S BACKYARD.
AND SO IT WOULD ONLY BE ON SIDE WOULD BE THIS SIDE, THIS SIDE.
AND YOU ALREADY HAVE A, A RIGHT IRON FENCE ON THE SIDE.
AND THAT'S PROBABLY LIKE FOUR FEET.
BECAUSE, YOU KNOW, PART OF THE DISCUSSION WAS, IS YEAH, OKAY.
YOU HAVE YOUR FRONT, SOMEONE CAN JUST COME IN THE NEIGHBOR AND JUMP ON.
SO I MEAN, THAT IS THE PLAN IN THE FUTURE.
AND IT'S, I MEAN, WE HAVE OUR DOG AND THE DOG IS IN THE BACK FROM THAT FENCE OVER THERE.
IT JUST IS ON THE FRONT PROPERTY.
THAT BEING SAID, COULD'VE LET HIM OUT TO THE FRONT
SO YOU, YOU DIDN'T WANT TO COME, YOU DIDN'T WANT YOUR VARIANCE TO INCLUDE THE SIDE AT ALL.
I MEAN, BECAUSE YOU KNOW, RIGHT NOW WE CAN ONLY VOTE ON SO, SO MY MR. CHAIR, MY THOUGHT HERE IS THAT IF YOU WERE HAVING TO REAPPLY, YOU'D HAVE TO PAY TO REAPPLY FOR THE SIDE.
WHY NOT JUST DO A CONTINUANCE HERE? WE CAN GO BACK AND ADD A SIDE STEP BACK.
IS THAT POSSIBLE TO DO A CONTINUOUS, A CONTINUOUS, UH, IS NOT GONNA SOLVE THE PROBLEM BECAUSE WE'D HAVE TO RE ADVERTISE IT TO ADD THAT REQUEST.
I THINK IT, I THINK IT WOULD JUST HAVE TO BE TO WHERE THE HOUSE IS.
SO, SO WHAT MECHANISM WHERE THE HOUSE BE, YOU'RE ALLOWED TO DO SIX FEET, RE ADVERTISE, BUT STILL COME BACK? ANYTHING IN THE, YEAH.
WHAT, WHAT'S THE RE-ADVERTISING FEE? $200.
SO FOR $200, YOU CAN AMEND YOUR REQUEST TO INCLUDE THE SIDE PROPERTY LINE UP TO THE FRONT OF YOUR HOUSE.
ONCE FROM THE FRONT PLANE OF THE HOUSE TOWARDS THE STREET, IT'S CONSIDERED FRONT YARD.
AND IT HAS THAT FIVE FOOT WROUGHT IRON, UH, LIMITATION.
JUST LIKE THE VERY, VERY FRONT.
BUT BECAUSE YOU ARE ADVERTISED ALONG THE FRONT PROPERTY LINE, WE CAN'T DO ANYTHING MORE THAN THAT.
WE CAN'T, WE CAN'T, UH, APPROVE ANYTHING BEYOND THAT SCOPE.
BUT THEN, BUT IF YOU WERE TO HAVE TO REAPPLY COMPLETELY FOR THE SIDE, THEN IT'S A WHOLE NEW REAPPLICATION FEE VERSUS JUST THE RE-ADVERTISING FEE.
YOU'RE SAYING FOR US TO PAY ANOTHER 200 JUST TO APPLY FOR, IF YOU WANTED TO THE SIDE, JUST ANSWER THAT QUESTION NOW.
DOES IT, DOES IT COUNT WHEN IT'S THEIR BACKYARD? NO, BECAUSE I THINK HE WAS TELLING US THAT WE WOULD, IT WOULD HAVE TO BE, UM, LIKE THEY HAVE TO, HE DIDN'T KNOW IF THEY WOULD HAVE TO APPLY FOR IT.
YOU'RE NOT ALLOWED TO BUILD A FENCE ABOVE FIVE FEET FROM THE FRONT PLANE OF YOUR HOUSE.
SO LIKE IN THEORY, YOUR NEIGHBOR COULD HAVE HIS OWN VARIANCE.
YOU COULD HAVE YOUR OWN VARIANCE OR, AND HAVE TWO DIFFERENT FENCES.
I MEAN, YEAH, AND MAN, AND I THINK SPECIFICALLY WE'RE, WE'RE TALKING ABOUT THE PROPERTY TO YOUR RIGHT HAND FACING HIS ON THE RIGHT HAND SIDE.
AND SO IF YOU ARE LOOKING FOR THAT FENCE TO BE TALLER, IT WOULD REQUIRE THAT YOU EITHER REAPPLY FOR OR APPLY FOR A PERMIT FOR THAT AND OR MODIFY IT AND MODIFY IT AND BE CHEAPER THAN APPLYING FOR A SECOND PERMIT FOR THAT.
[02:00:01]
GONNA DO IT IN A RELATIVELY CLOSE AMOUNT OF TIME.IF YOU'RE GONNA DO IT 10 YEARS FROM NOW, MAYBE IT DOESN'T MATTER.
BUT WE WILL APPLY RIGHT TODAY IF YOU DESIRE TO.
WELL, WE CAN, WE CAN, WE CAN VOTE ON WHAT'S BEFORE TODAY.
I MEAN, I MEAN, WE DIDN'T WANNA MOVE TOO MUCH 'CAUSE WE WERE, YOU KNOW, IT'S, IT'S A LOT OF MONEY TO BE APPLIED TO NOT GET APPROVED, YOU KNOW, SO I TO TO HAVE THE ASSURANCE AT THE ENTIRE SIDE.
AS MUCH AS YOU NEED THE FRONT MM-HMM
SO IT DOESN'T HELP IF YOU JUST GET THE FRONT APPROVED AND WE DON'T.
SO JUST COME BACK WITH THE WHOLE PACKAGE SO YOU GET ALL YOUR SECURITY NEEDS.
THE THE OTHER J IS, AND I HATE TO, I HATE TO EVEN BRING THIS UP, BUT YOU KNOW, THERE MIGHT BE SOME COMMISSIONERS OPPOSED TO AN EIGHT FOOT TALL GATE.
AND THAT WOULD BE AN OPPORTUNITY TO POSSIBLY ADJUST THAT IF YOU'D WISH.
COMMISSIONER DEAN CHAIR ONCE APPROVED, THEY HAVE TO BUILD ON IT WITHIN A YEAR.
YEAH, THEY HAVE TO GET A PERMIT IN.
ARE YOU, WE ALREADY HAVE THE PERMIT.
BUT FOR THAT SIDE SECTION, IF THEY GET IT, IF, IF THEIR REQUEST IS, AND CORRECT ME IF I'M WRONG, IF THEIR REQUEST IS FOR THE FRONTAGE AND THE RIGHT SIDE, UH, BECAUSE THEY ALREADY HAVE A PERMIT IN PLACE AND THEY'D BE LOCKED IN IF IT GOT APPROVED.
IS THAT CORRECT? ONCE THEY STARTED CONSTRUCTION ON THE WORK? YEAH.
THEY'RE, THEY'RE LOCKED IN ONCE THEY GET THE PERMIT.
SO IF WE, IF THEY WERE TO COME BACK AND WE APPROVE IT BECAUSE THEY ALREADY HAVE A PERMIT, THEY WOULD BE SET.
SO ALSO, UH, THE PARKING SITUATION, UH, HOW MANY CARS YOU PLAN ON STORING INSIDE THE FENCE? THREE.
IS IT? AND YOU CAN MANEUVER 'EM OUT OF THE FENCE.
'CAUSE THEY WOULD OPEN OUT THESE THREE PANELS.
THERE'LL BE, WE'LL BE GATES, THAT ONE RIGHT THERE.
AND THAT ONE WILL BE THREE FRONT GATES FOR IN THE FUTURE.
WE'LL PLAN TO REQUEST AN APPROACH RIGHT HERE SO WE CAN BE A EASY ACCESS TO THOSE.
YEAH, WE DISCUSSED THAT WITH THE APPLICANT.
ALSO, LET, WE LET THEM KNOW ABOUT THE IMPERVIOUS COVER RESTRICTIONS OF 50%.
SO WITH THAT IN MIND, UH, WE CAN ENTERTAIN THIS TODAY OR IF YOU WANT TO WANT TO COME BACK LATER AND TRY TO WRAP IT ALL UP, WE CAN DO THAT.
THAT WAY WE CAN GET IT WRAPPED UP.
AND JUST QUICK, UM, SINCE IT WAS BROUGHT UP, UH, AND DON'T ASK HOW I REMEMBER THIS, UH, SEPTEMBER, 2019 BOARD OF ADJUSTMENT DID APPROVE AN EIGHT FOOT PRIVACY FENCE IN THE FRONT YARD OF A RESIDENTIAL ON MARKHAM DRIVE.
THAT'S THE ONLY ONE I REMEMBER THOUGH, BACK IN 2019.
REMEMBER THAT I WAS HERE FOR THAT.
I GUESS I JUST DON'T REMEMBER SO LONG AGO,
WELL, WE'RE NOT ALLOWED TO TODAY.
THAT'S WHAT, THAT'S THE PROBLEM.
BECAUSE WE ARE ONLY ALLOWED TO VOTE ON WHAT'S ADVERTISED BEFORE US AND THE SIDE WAS NOT INCLUDED IN YOUR ADVERTISEMENT.
IF YOU WOULD, IF WE VOTE ON THIS TODAY, IT WOULD BE ANOTHER $600 APPLICATION FEE TO COME BACK TO US OR THIS SIDE.
ISN'T RESIDENTIAL $400 IF THEY HAVE A HOMESTEAD EXEMPTION? IS THIS YOUR HOMESTEAD? YES, WE WERE LIVING THERE, BUT THEY, WE HAD IT LAST YEAR, BUT THEY TOOK IT OFF AND WE NEED TO, WELL, IF YOU HAVE A HOMESTEAD EXEMPTION, IT WOULD BE $400, WHICH IS LABOR.
SO IF YOU WANT, YOU CAN, WE CAN VOTE ON IT TODAY AND ONLY INCLUDE THE FRONT.
OR YOU CAN COME BACK FOR $200 AND WE CAN INCLUDE THE SIDE WITH YOUR APPLICATION.
WHAT WOULD YOU LIKE TO DO? UM, I THINK WE JUST WANNA DO THE FRONT FOR RIGHT NOW.
I MEAN, IT ALSO TAKES MONEY TO BUILD THAT FRONT.
SO WITH THAT, IF THERE'S NOBODY SIGNED TO SPEAK VOICEMAILS, WE NEED TO HEAR NO PUBLIC COMMENT.
I'M LOOKING FOR MON, I GOT ONE MORE QUESTION FOR THE APPLICANT.
COMMISSIONER BINNI, WHAT WOULD BE THE, THE SHORTEST ACCEPTABLE OFFENSE YOU THINK COULD KEEP, I GUESS, UH, PEOPLE OUT.
I THINK HE SAID THAT DAVE'S APPROVED SEVEN.
RIGHT? WELL, WE, WE JUST HEARD TESTS.
WE, WE'VE APPROVED AN EIGHT BEFORE.
I'D LIKE TO FIND OUT THE ADDRESS.
'CAUSE THAT IS, THAT IS, UM, IT DOES SAVE LARGE ESTATE LOTS, UM, IN THAT COMMUNITY.
SO I JUST WANNA MAKE SURE, UH, WHAT THE ADDRESS WAS WHEN I, IT WAS ON MARKHAM DRIVE, UH, RIGHT.
THANK, THERE WERE SOME HISTORICAL SIMILAR FENCES THERE ALSO.
UM, AND IF I REMEMBER CORRECTLY, THEY PROVIDED ALSO POLICE REPORTS ON THAT ONE TOO.
THAT WAS THE ONE WITH THE DEER JUMPING OVER THE FENCE? YEAH, THIS WAS, UH, NO, THAT WAS ON, THAT WAS SOMEWHERE ELSE.
SO THAT ONE'S IN MY NEIGHBORHOOD.
SO WE'RE GONNA VOTE, WE'RE GONNA LOOK FOR A MOTION TODAY.
UH, OUTTA CURIOSITY, IF WE CAN'T GET TO NINE, IS THERE A HEIGHT THAT POSSIBLY WE COULD DEFER TO WITH SEVEN SOMETHING ON THE GATES THAT YOU COULD LIVE WITH? OKAY, SO WE, WE COULD START AT EIGHT AND SEE HOW THIS WORKS OUT.
I MEAN, I THINK THE, THE FENCE IS REALLY
[02:05:01]
OPEN CONCEPT.YOU CAN SEE IT DOESN'T OBSTRUCT ANYTHING.
UM, THE OTHER ONE, THE EIGHT FOOT, LIKE YOU CAN SEE INTO THE HOUSE, IT DOESN'T, WELL, LET'S, LET'S LOOK FOR A MOTION ON THE SPECIAL EXCEPTION.
AND YOU, JARED, JUST ONE MORE QUE YOU SAID THE PLAN IS TO HAVE THREE OPENING GATES FOR THREE VEHICLES? YES.
SO THE DRIVEWAY COUNTS AS TWO BECAUSE IT'S TWO INDIVIDUAL PANELS, RIGHT? TWO INDIVIDUAL PANELS FOR THREE SPOTS.
THAT AREN'T APPROVED YET? NO, NO, NO.
WHERE THAT'S PARKING SPACE INSIDE THE PROPERTY? YEAH, THE, WE DON'T HAVE 'EM ON THE STREET.
SO THE DRIVEWAY WOULD BE ONE PANEL, TWO PANELS, AND THEN YOU'D HAVE A, A SINGULAR PANEL FOR, FOR A MAN DOOR? OR ARE YOU TALKING ABOUT ANOTHER VEHICLE? NO, NO, THOSE, THE SINGLE PANELS ARE JUST STATE STA I DON'T KNOW THE, THIS ONE'S RIGHT HERE.
THIS ONE RIGHT HERE ON THE TREE.
THOSE, THOSE WILL BE SIX FOOT.
THIS ONE IN THE MIDDLE WILL BE SIX FOOTERS AND THE GATES, BECAUSE THEY HAVE THE ARC.
SO, SO MOST OF YOUR FRONTAGE WILL HAVE BE EIGHT FEET TALL? YES.
SO HE'S, I I, I WAS UNDER THE IMPRESSION THAT WHEN THEY SAID THREE GATES, THAT THE DRIVEWAY WAS GATE ONE, GATE TWO, AND THEN THERE WAS A MAN GATE.
BUT THEY'RE SAYING THAT THERE'S MULTIPLE VEHICLE GATES.
AND SO THEREFORE A MAJORITY OF THE, OF IT WILL BE EIGHT FEET TALL.
SO I'M, YEAH, I'M STARTING TO HAVE, STARTING TO HAVE SOME MORE CONCERNS NOW.
SO THE REASON WE HAVE THE VEHICLES INSIDE, AND ESPECIALLY TODAY, WE WENT WITH ONE OF THE NEIGHBORS TO GET A SIGNATURE TO GET TO SEE IF THEY WERE APPROVED.
YOU KNOW, UM, WE'RE ALWAYS, BESIDES THAT, WE'RE HEARING THE STORIES, THEY'RE ALWAYS DRIVING UP AND DOWN VERY FAST.
SO WE HAVE THE CARS INSIDE FOR THAT REASON, BECAUSE OUR NEIGHBOR, SHE ACTUALLY, THEY RAN INTO BOTH HER CARS.
ONE CAR WAS JUST DRIVING IN THE MIDDLE OF THE NIGHT SUPER CRAZY AND THEN RAN INTO THEIR CARS.
SO THAT'S THE ONLY REASON WE ARE PUTTING THE VEHICLES INSIDE.
WELL, I, I THINK WE ALL UNDERSTAND WHAT YOU'RE TRYING TO ACCOMPLISH.
UH, WE NEED TO LOOK FOR A MOTION THAT, THAT I THINK WE CAN GET BEHIND.
IS THERE SOMEONE WHO WOULD LIKE TO MAKE ONE THAT MIGHT NOT BE IN FAVOR OF WHAT THEY'RE ASKING FOR, BUT THEY CAN MAKE A MOTION FOR WHAT THEY CAN LIVE WITH AS A STARTING POINT? OR, I'M LOOKING FOR SOMEONE TO MAKE A MOTION ON THE SPECIAL EXCEPTION.
UH, ANOTHER QUESTION FOR THE APPLICANT.
SO, UH, SO WHAT WE'RE SAYING HERE IS IF WE WERE ABLE TO DO SEVEN FEET, THAT MEANS THOSE ARC GATES WOULD BE DOWN TO SEVEN FEET? YES.
I JUST WANNA MAKE SURE THAT, THAT YOU GUYS ARE ALSO UNDERSTANDING WHAT WE'RE, MAYBE IF WE GO WITH SEVEN COMMISSIONER REED.
UM, AND, AND WERE THOSE EXISTING THE ALREADY FABRICATED ARCH FENCES? IF YOU REMOVE THE ARCH FROM THE TOP, WHAT'S THE HEIGHT OF THE FENCE? SIX.
A SIX FOOT? YEAH, THAT ONE RIGHT THERE.
THIS, IF YOU REMOVE FROM HERE UP, THAT WILL BE SIX FOOT, WHICH IS THE SAME TITLE.
SO AS I SEE THIS, THERE'S TWO MOTIONS HERE, RIGHT? SO THE FIRST ONE IS FOR CLEAR VISION, UM, WHICH THE CITY HAS RECOMMENDED APPROVAL.
AND THEN THE SECOND ONE IS FOR THE FENCE HEIGHT.
SO I'M GONNA GO AHEAD AND READ THE CLEAR VISION ONE FIRST.
WE JUST, WE JUST WENT DOWN TO 10.
UH, WE HAD A COMMISSIONER LEAVE.
I'D BE SAFE TO DO THE CLEAR VISION.
YEAH, DO DO THE CLEAR VISION FIRST.
YEAH, THAT'S WHY I WAS GONNA DO THE CLEAR VISION FIRST.
SO REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 4, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT EIGHT INCH VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY, CLEAR VISION TO ALLOW A 10 FOOT, FOUR INCH DRIVEWAY CLEAR VISION SITUATED AT 9 2 1 8 ECHO PORT DRIVE.
APPLICANT BEING AT OSMO, UH, GONZALEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE EDCS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE DRIVEWAY CLEAR VISION STANDARDS, UH, THERE WOULD BE ADEQUATE DISTANCE TO STILL PROVIDE A PATH CLEAR PATH OF VISION FOR DRIVERS TO BACK UP INTO THE RESIDENTIAL STREET.
TWO, DUE TO SPECIAL CONDITIONS, THE LIVE ENFORCEMENT OF THE ORDINANCES WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION ON THIS PROPERTY IS THE LOCATION OF THE EXISTING HOME AND DRIVEWAY, LEAVING LITTLE ROOM TO EXPAND THE CLEAR VISION AREA WITHOUT SUBSTANTIAL LOSS OF THE FUNCTIONAL FENCE FENCING AREA.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WOULD SUPPORT THE SPIRIT OF THE ORDINANCE AS THERE IS NO SIGNIFICANT ENCROACHMENT INTO THE RIGHT OF WAY THAT WOULD IMPEDE TRAFFIC OR PEDESTRIAN SAFETY FOR THE VARIANCE OF NOT AUTHORIZED THE OPERATION OF USE, OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN HIS ZONING DISTRICT IN WHICH HIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT FOREIGN PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED.
[02:10:01]
VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APP.THE ADJACENT PROPERTY OWNERS AS ADJACENT PROPERTIES RETAIN FULL FUNCTIONALITY AND NO TRAFFIC IMPACTS OR CIRCULATION CONFLICTS ARE EXPECTED.
UH, SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THIS DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER, UH, IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS A PROPOSED FENCE WOULD ALIGN WITH THE FRONT PROPERTY LINE AND PROVIDE CONTINUOUS UNIFORMITY OF THE STREETSCAPE AND THE MOTION.
SECOND, BY COMMISSIONER STEVENS.
I, I AGREE WITH THE CITY'S, UH, POSITION AND I DON'T SEE, UH, YOU KNOW, WE REGULARLY APPROVE OPEN, UH, PREDOMINANTLY OPEN FENCING, YOU KNOW, IN THE FRONT, IN THESE AREAS.
SO I DON'T SEE ANY PROBLEMS. I'LL BE VOTING IN FAVOR.
THANK YOU COMMISSIONER STEVENS.
I'D CONCUR WITH MY COLLEAGUE AND I'LL BE IN SUPPORT OF THIS.
ANYONE ELSE LIKE TO ADD? LET'S HAVE A ROLL CALL.
COMMISSIONER MENA, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER BONILLA? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT.
UH, MOTION FOR THE CLEAR VISION PASSES.
UH, NOW FOR THE, UH, TRICKY ONE, THE DEFENSE, UM, WHO WOULD LIKE TO MAKE A MOTION TO GET THAT BALL ROLLING ON THE FENCE HEIGHT.
SO THIS, I WAS GONNA START AT SIX AND THEN WE CAN FIGURE OUT WHERE IT GOES FROM THERE.
ALRIGHT, SO, UH, REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 0 4, I MOVED TO THE BOARD ADJUSTMENT GRANT REQUEST FOR A ONE FOOT, UM, HEIGHTS, UH, FENCE HEIGHTS SPECIAL EXCEPTION, UH, FROM THE MAXIMUM FIVE FOOT PREDOMINANTLY OPEN FENCE YARD TO ALLOW FOR A SIX FOOT TALL GATE AND SIX FOOT TALL FENCE ALONG THE FRONT PROPERTY LINE, SITUATED AT NINE TWO AND EIGHT ECHO PORT DRIVE.
BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SHOWED THE PHYSICAL CHARACTERS PROPERTY SUCH AS LAW ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WILL RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THIS CHAPTER.
IF GRANTED, THE INCREASED FINITES WOULD NOT SIGNIFICANTLY IMPACT THE UNIFORMITY AND SENSE OF COMMUNITY OF THE SURROUNDING NEIGHBORHOOD.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
IN THIS CASE, A PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED AS THE TO FENCE.
PROVIDES A DEGREE OF SECURITY AND PRIVACY FOR THE PROPERTY WITHOUT COMPROMISING THE SAFETY OF MOTORISTS OR PEDESTRIANS IN THE AREA.
SEE, THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY INJURED, WILL BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED, UH, SPECIAL EXCEPTION.
DESPITE THE INCREASE IN HEIGHT, THERE SHOULD BE NO VISUAL IMPAIRMENT FROM THE PROPOSED FENCE.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THIS PROPERTY FORCED A SPECIAL EXCEPTION SOUGHT.
THE SPECIAL EXCEPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED AS A SPECIAL, AS A FENCE HEIGHT.
SPECIAL EXCEPTION IS LIMITED TO THE FRONT YARD AREA.
IT WOULD NOT IMPACT ANY OTHER FENCE STANDARDS TO WHICH THE SUBJECT PROPERTY IS REQUIRED TO ADHERE.
UH, E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPEC SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT AS A TALLER FENCE PROVIDES A DEGREE OF SECURITY AND PRIVACY FOR THE PROPERTY WITHOUT COMPROMISING THE SAFETY OF MOTORISTS AND PEDESTRIANS IN THE AREA.
DEFENSE HEIGHTS, SPECIAL EXCEPTIONS LIMITED TO THE FRONT FACADE AND WOULD NOT IMPACT ANY OTHER FENCE STANDARDS TO WHICH THE SUBJECT PROPERTY IS REQUIRED TO ADHERE END OF MOTION.
I'LL SECOND THAT AND I'M GOING TO MOVE TO AMEND THE MOTION FORMALLY TO SEE HOW THE COMMISSION FEELS.
UH, I MOVE TO AMEND, UH, THAT WE, THAT WE HAVE A, A ONE FOOT SPECIAL EXCEPTION, UH, TO ALLOW FOR A SIX FOOT TALL FENCE ON THE FRONT PROPERTY LINE, ALONG WITH A TWO FOOT, UH, VARIANCE TO ALLOW FOR THREE GATES TO BE UP TO SEVEN FEET TALL ALONG THE FRONT PROPERTY LINE.
IS THERE A SECOND FOR THE AMENDMENT? SECOND.
UH, EVERYONE KNOWS WHAT I'M TRYING TO ACCOMPLISH HERE.
I'M JUST TRYING TO SEE WHAT THE COUNT WOULD BE.
VOTE ON GOING BEFORE WE START.
SO, UM, UM, WE TALKED EARLIER WITH REGARDS TO ADMINISTRATIVE VARIANCES OR WHAT WAS ALLOWED.
UM, AND SO FOR A SIX FOOT FENCE, UH, IS THERE A VARIANCE THAT WOULD BE PROVIDED FROM AN ADMINISTRATIVE PERSPECTIVE, LIKE THE SIX INCH DIALOGUE THAT WE HAD EARLIER? SO JUST TRYING TO FIGURE OUT,
[02:15:01]
SO THE, THE HIGHEST WE COULD DO WITH AN ADMINISTRATIVE EXCEPTION IS SIX INCHES.SO, SO BY, SO SIX FOOT, SIX INCHES, IF WE READ IT AT SIX FOOT WOULD BE MORE OR LESS IF, IF IT WAS, UH, PERMITTED AS AN ADMINISTRATIVE.
IT'S NOT AN AUTOMATIC APPROVAL THOUGH, WE HAVE TO SEE LIKE A UNDERSTOOD, BUT JUST ONE.
SO, SO, YOU KNOW, IF WE'RE GONNA ASK THEM TO WHACK IT, UM, AS FAR AS THE HEIGHT, YOU KNOW, IT'S A MATTER OF SIX INCHES VERSUS A FOOT VERSUS YOU, WHATEVER.
SO YEAH, SO I'M, I'M, I JUST WANNA SEE WHERE SEVEN, I'M JUST TAKING SEVEN FOOT FOR A RIDE ON THE GATES.
I JUST WANNA SEE WHERE IT TURNS.
WELL, I JUST WANTED TO BRING UP THAT POINT.
SO, YEAH, SO WHAT, AND WHAT COMMISSIONER MAN IS SAYING IS, IS THAT IF THE SEVEN FOOT WOULD BE APPROVED, THEY COULD THEORETICALLY DO SEVEN AND A HALF FEET IF THEY GOT IT APPROVED ADMINISTRATIVELY BY STAFF AND, OR SIX FOOT WOULD BE SIX AND A HALF FOOT IF THEY GOT IT.
ADMINIS APPROVED ADMINISTRATIVELY BY STAFF.
SO THAT'S JUST PUTTING THAT OUT THERE.
UH, SO WE HAVE A, AN AMENDMENT ON THE TABLE TO SEE HOW THAT TURNS OUT.
LET'S HAVE A ROLL CALL VOTE ON THE AMENDMENT CHAIR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COM COMMISSIONER MANNA? I DO NOT CONCUR.
UH, THAT LET'S US KNOW WHERE EVERYONE KIND OF IS ON THIS CHAIR.
UH, IT'S A MAJORITY VOTE ON AMENDMENT.
HOW INTERESTING THE AMENDMENT PASSES
SO THE MOTION ON THE TABLE NOW HAS A SEVEN FOOT GATE.
THE FEAR I HAVE IS, IS THAT IT'S NOT GONNA PASS.
UH, SO IF THE, SO SINCE THAT'S THE MOTION ON THE TABLE, CAN THE MAKER OF THE MOTION CHANGE IT BACK TO SIX IF I ACCEPT IT? YEAH, YOU CAN WITHDRAW IT.
SO WOULD YOU LIKE TO WITHDRAW THE MOTION ON THE TABLE THAT WE AMENDED AGAINST YOUR WILL? UM,
SO IT CAN BE REMADE AS YOU ORIGINALLY STATED.
THE MOTION IS WITHDRAWN WITH, WITH, UH, ANYONE LIKE TO MAKE A MOTION FOR A SIX FOOT TALL FENCE AS ORIGINALLY STATED? YES.
SO WE'RE BACK TO A SIX FOOT TALL FENCE WITH THE POTENTIAL TO GO TO SIX AND A HALF FEET IF IT GETS APPROVED ADMINISTRATIVELY, I THINK WE'VE BEATEN THE SUBJECT TO DEATH.
LET'S HAVE A ROLL CALL VOTE ON A SIX FOOT FENCE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
UH, 10 TO ZERO WITH ONE ABSTENTION.
YOU CAN HAVE A SIX FOOT FENCE.
UM, YOU CAN ASK FOR SIX AND A HALF IF YOU GET IT APPROVED ADMINISTRATIVELY AND WISH YOU WELL WITH YOUR ENDEAVOR.
OKAY, WE'RE GONNA HAVE A LITTLE BREAK.
WE'LL SEE ALL BACK IN SEVEN MINUTES.
ALRIGHT, WE'RE CALLING THIS BACK INTO SESSION 3 27.
UH, ITEM NUMBER 10 IS CASE BOA DASH 26 DASH 1 0 3 5.
APPLICANT BEING RAPHAEL MORENO ESAD IN COUNCIL DISTRICT TWO.
THE LOCATION IS FIVE 10 BELMONT AND THIS IS A REQUEST FOR A THREE FOOT VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A PRIMARY STRUCTURE WITH A TWO FOOT WEST SIDE SETBACK AND TWO, A FOUR FOOT SIX INCH SIDE SETBACK TO ALLOW A CARPORT WITH A SIX INCH EAST SIDE SETBACK TO INCLUDE AN 11 INCH OVERHANG.
SO THERE'S A SINGLE FAMILY HOME ON THE LOT THAT WAS BUILT IN 1920 AND A CARPORT THAT WAS BUILT SOMETIME AFTER 2016.
THAT'S BASED OFF OF GOOGLE IMAGERY IN THE AREA.
IN JUNE, 2025, A RESIDENTIAL REPAIR PERMIT WAS ISSUED FOR RENOVATIONS
[02:20:01]
TO THE EXISTING HOME.AND DURING A FRAMING INSPECTION IN NOVEMBER, 2025, STAFF IDENTIFIED THE WORK DONE TO BE OUTSIDE THE SCOPE OF THAT REPAIR PERMIT.
SO A RESIDENTIAL BUILDING APPLICATION WAS THEN FILED FOR THE FULL SCOPE IN DECEMBER, 2025 TO REVIEW A COMPLETE RENOVATION AND A SMALL ADDITION TO THE HOME.
SO BASICALLY CONSIDERING THIS STRUCTURE, A NEW HOME AT THAT POINT TO COMPLY WITH CURRENT STANDARDS, UH, TO KEEP THE PREEXISTING FOUNDATION AND BUILDING LINE FOR THE RENOVATION.
IN ADDITION, THE APPLICANT MUST OBTAIN A VARIANCE APPROVAL FROM THE BOARD OF ADJUSTMENT AND THERE WAS NO HISTORY OF PERMITS OR PRIOR VARIANCE APPROVAL FOR THE UH, CARPORT THAT WAS IDENTIFIED ON THE PROPERTY.
A PERMIT AND VARIANCE APPROVAL MUST BE OBTAINED BY THE PROPERTY OWNER TO KEEP THE CARPORT APPROXIMATELY SIX INCHES FROM THE EAST PROPERTY LINE.
UH, SHOWN HERE IS A SITE PLAN OF THE SUBJECT PROPERTY AND THE SUBJECT PROPERTY, AND THAT'S A LITTLE BIT OF A BETTER VIEW THERE OF THE HOME AND THE CARPORT.
AND HERE IS THE WEST SIDE OF PROPERTY LINE, UH, SHOWN ON THE SURVEY.
THE EXISTING FENCE DOES NOT ACTUALLY LIE ON THE PROPERTY LINE.
SO WE'RE ESTIMATING THERE JUST TO SHOW YOU A GOOD VISUAL FOR THE PHOTO.
UM, BUT BASED ON THE ARCHITECTURAL SITE PLAN PROVIDED BY THE APPLICANT, UM, THE WALL IS THREE FOOT FOUR AWAY FROM THE PROPERTY LINE AND THE OVERHANG BEING ONLY TWO FEET AWAY.
SO THAT'S WHAT THE REQUEST BEFORE YOU IS TWO FEET FROM THAT PROPERTY LINE.
UH, HERE'S JUST ANOTHER VIEW, UH, FROM THE BACKYARD.
THAT SAME PROPERTY LINE THERE, UH, IN THIS PHOTO YOU CAN KIND OF SEE THE BACK OF THAT STRUCTURE.
THAT'S WHERE THE ADDITION WAS BEING DONE.
YOU CAN KIND OF SEE THOSE RAFTERS.
THAT'S NEW CONSTRUCTION UNDERNEATH THERE.
AND THIS IS THE EAST SIDE PROPERTY LINE IN THAT CARPORT THAT AGAIN, WAS BUILT SOMETIME AFTER 2016.
THAT WAS PRIOR TO THE CURRENT OWNER'S OWNERSHIP OF THIS PROPERTY.
UH, BUT IT WAS DONE SEEMINGLY WITHOUT PERMITS, WITHOUT VARIANCE APPROVAL.
UH, AND AS FAR AS I UNDERSTAND, THE PROPERTY OWNER WOULD LIKE TO KEEP IT THERE.
AND THAT'S THAT DISTANCE THAT IT HAS FROM THAT PROPERTY LINE.
AND THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCES STAFF RECOMMENDS DENIAL IN BO A DASH 26 DASH 0 3 5 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, NO UNNECESSARY HARDSHIP WOULD BE CREATED AS THE PROPERTY OWNER IS CURRENTLY UNDERGOING RENOVATIONS.
AND THE ROOF OVERHANG MAY BE MODIFIED TO MINIMIZE THE ENCROACHMENT INTO THE SETBACK AREA.
AND TWO, THE ADJACENT SINGLE FAMILY RESIDENTIAL LOT AND VACANT LOT DESERVE EQUAL PROTECTION INTENDED BY THE ZONING SETBACK ORDINANCE TO APPROPRIATELY USE AND DEVELOP ON THOSE LOTS.
STAFF MAIL 34 NOTICES ZERO WILL RETURN IN FAVOR, ZERO IN OPPOSITION.
AND THE JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
THIS CONCLUDES STAFF'S PRESENTATION.
UM, THE PHYSICAL HOUSE WALL IS THREE FEET AWAY FROM THE SIDE PROPERTY, THREE FOOT FOUR.
AND THE OVERHANG IS ONE FOOT FOUR.
SO THE HOUSE IS BUILT 1920, WHICH PREDATES THE 1938 ZONING CODE.
WHAT WAS THAT? THIS WAS ALLOWED BACK IN 1920 TO HAVE, CORRECT.
I THINK IT WAS A THREE FOOT MINIMUM SETBACK.
UM, WELL, I MEAN, PRIOR TO THE ZONING CODE THERE WAS NO MINIMUM, SO YEAH.
BUT, BUT ON, ON THE HOMES AFTER THE ZONING CODE WHERE THEY HAD A THREE FOOT SETBACK, DID IT ACCOUNT AT ALL FOR ROOF OVERHANG? UM, I BELIEVE THAT'S THE MINIMUM DISTANCE.
THAT'S WHAT WE DO NOW, IS THAT THEY WANT THE HOUSE FIVE FEET.
BUT YOU CAN HAVE FEATURES THAT GO UP TO TWO FEET IN.
BUT BACK THEN, WAS IT THREE FEET? WAS WHAT WAS, WHAT WAS HAPPENING PLUS AN OVERHANG? I MEAN, I IT JUST SEEMED LIKE ROOF OVERHANGS WERE THE, I'M NOT SURE THE OVERHANG WAS INCLUDED ON THE, ON THE, LIKE IT IS TODAY.
UM, I KNOW WE DO HAVE THE THREE FOOT INLINE ADDITION TO COVER THE CODE BACK THEN, BUT I'M NOT SURE IF IT INCLUDED THE OVERHANG OR NOT.
I'M JUST CURIOUS ABOUT, YOU KNOW, IF, IF IT JUST SEEMS LIKE IT WOULD BE NORMAL FOR A HOUSE TO BE THREE FEET WITH A ONE FOOT OVERHANG IN 1920 OR 30 OR WHENEVER.
AND SO, SO THE PICTURE HERE IS ON, ON ONE SIDE OF THE, THE HOME STRUCTURE, WHICH IS NOT THE CARPORT SIDE, RIGHT? CORRECT.
AND THE OTHER SIDE IS THE CARPORT.
AND SO, SO WE'RE TALKING ABOUT TWO THINGS GOING ON, RIGHT? CORRECT.
AND SO, SO THIS ONE IS ESSENTIALLY, UM, THEY MATCHED THE, THE PREVIOUS FACADE AND, AND SIMPLY BECAUSE THE AMOUNT OF CONSTRUCTION IS WHY IT IS THAT THIS IS A DIALOGUE? THAT'S CORRECT.
UH, ONE BECAUSE OF THE AMOUNT OF CONSTRUCTION, BUT THERE'S ALSO A SMALL ADDITION IN THE REAR, WHICH IS BRAND NEW, WHICH IS IN LINE WHICH MATCHES THAT SAME SETBACK.
COMMISSIONER ZUNA, WHAT IS THE DISTANCE BETWEEN THIS STRUCTURE AND THE NEAREST STRUCTURE TO THE, TO THE EAST OR TO THE RIGHT OF THE BUILDING? YEAH, SO ON THE WEST SIDE, SO, SO THAT STRUCTURE THERE, THEY'VE GOT THEIR WHOLE SIDE YARD THERE.
THE CARPORT ACTUALLY DOESN'T HAVE AN ADJACENT STRUCTURE.
AND ON THE OTHER SIDE, ON THE, ON THE OTHER PROPERTY LINE, UM,
[02:25:01]
UH, FOR IF WE'RE DISCUSSING THE WEST SIDE, THAT'S A VACANT LOT TO THE WEST SIDE.THAT'S A COMMERCIAL VACANT LOT.
THAT'S A COMMERCIAL VACANT LOT.
AND WHAT WOULD THE ZONING SETBACK REQUIRE OR SETBACK REQUIREMENT BEYOND THAT? I RECALL IT'S LIKE 20 FEET OR SOMETHING.
SO YEAH, IT WOULD KICK IN BECAUSE THERE'S A RESIDENTIAL LOT THERE.
I THINK IT'S 10 FEET FOR A SIDE SETBACK FOR COMMERCIAL TO RESIDENTIAL FOR A SIDE.
DEPENDS ON WHAT THE ADDRESS IS.
IF THE ADDRESS IS OFF OF WALTER'S, IT'D BE THE REAR.
SO, SO LET ME, LET ME GO AHEAD AND JUST, UM, THIS LOOKS LIKE IT'S ADDRESSED OFF OF EAST COMMERCE THE VACANT LOT, BUT CORRECT.
IT WOULD DEPEND ON THE ORIENTATION OF THE ADJACENT COMMERCIAL LOT.
SO IT'S EITHER 10 OR 30 IF IT'S A AR REAR 30, 10 OR 30.
UM, LET'S HAVE THE APPLICANT COME FORWARD.
UH, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
AND IN, UH, RESTATING SOME OF THE FACTS OF, OF THAT, UH, JOELLE PRESENTED A LITTLE EARLIER.
UH, WE, I'M THE OWNER OF THE PROPERTY.
WE BOUGHT THE PROPERTY IN JUNE OF 2025.
WE OPENED UP SOME OF THE WALLS.
NOTICE THAT SOME OF IT'S A 1920S HOUSE.
SO SOME OF THE FRAMING HAD, UH, OR A SIGNIFICANT AMOUNT OF FRAMING.
UH, AND SOME OF THE, THE SIDING HAD, UH, SIGNIFICANT TERMITE DAMAGE.
UH, SO IT, IT MADE SENSE TO, UH, TO REPLACE SOME, UH, SOME OF THAT, UH, SOME OF THAT FRAMING.
BUT THAT DID RESULT IN, IN ULTIMATELY REPLACING, UH, MORE THAN OR TWO OF THE, THE EXTERIOR WALLS.
UH, AS YOU CAN SEE IN THOSE, UM, IN THE PICTURE OF THE NEW NEW PROPERTIES OR THE, THE REMODEL.
UH, LITTLE LATER, UH, WHEN WE WERE DOING THE, THE FRAMING INSPECTION, UH, IN NOVEMBER, UH, THE, THE CITY LET US KNOW THAT, THAT IT MET THE CRITERIA TO HAVE TO PULL A NEW BUILD PERMIT.
SO IN THAT PROCESS NOW WITH THE SITE PLANS, THE ARCHITECTURE, UH, DIAGRAMS, UH, IT WAS JUST NOTED THAT IT WAS, UH, IT WAS WITHIN THAT SETBACK LIMIT AND, AND, UH, A VARIANCE WOULD NEED TO BE, UH, REQUESTED.
UM, ANY COMMISSIONER QUESTIONS? OKAY.
HOW IS YOUR, YOUR CARPORT, IS IT GOING TO, LET'S SEE WHAT WE HAVE HERE.
COVER THE SITES THAT WE LIVED OVERHANG.
ARE YOU, ARE YOU REBUILDING THE CARPORT? NO, THERE'S NO PLANS FOR THE CARPORT.
UH, THERE WERE NONE IN THE ORIGINAL, UH, PERMITS THAT WERE PULLED FOR THAT.
YOUR CURRENT CARPORT SLOPES AT THE FRONT? IT IT, YEAH, IT JUST EXTENDS FROM THE, FROM THE, FROM THE PROPERTY FROM THE LEFT SIDE.
LOOKING AT THE PROPERTY OVER ON THE LEFT SIDE, IT'LL, THIS IS LOOKING AT THE COORDINATION.
YEAH, IT'S RIBBED RIBBED FROM THE BACK TO THE FRONT.
AND SO AND SO, I JUST DON'T SEE IT DOES LOOK LIKE THERE'S MAYBE A SMALL CHAIN LINK FENCE THAT ABUTS THE CARPORT THERE THAT THEY HAVE COVERED IN BUSHES.
SO IS THERE, IS THERE IS, THAT'S ON THE IAN PROPERTY, I'M ASSUMING THE CHAIN LINK FENCE THAT'S ABUTTING THE CARPORT? YES, THAT IS, THAT'S A GOOD QUESTION.
UH, SO WE HAVE, I MEAN, BASED ON THE, ON THE SURVEY, UH, I BELIEVE IT, I MEAN IT'S JUST RIGHT ON THE, ON THE PROPERTY LINE.
SO I GUESS, UM, IS IT OWNED BY THE NEIGHBOR OR OWNED BY Y'ALL? THE FENCE? THE FENCE, I'M NOT ACTUALLY SURE I'M, I'M UNAWARE OF, OF WHO ACTUALLY OWNED THAT.
BECAUSE IT IS, IT RAISED, IT LOOKS LIKE IT'S ALSO IN A BED, SO A RAISED BED.
UM, 'CAUSE THERE'S PLANTS, IT LOOKS LIKE THERE'S PLANTINGS AND STUFF IN THERE.
SO I'M JUST TRYING TO FIGURE OUT EITHER WAY, IT LOOKS LIKE IT'S BEEN DESIGNED FOR A WHILE 'CAUSE IT HAS A PRETTY GOOD SHRUBBERY LINE.
SO IT'S BEEN WELL ESTABLISHED THERE FOR QUITE SOME TIME, I GUESS.
YES, IT WAS THERE PRIOR TO WHEN WE, WHEN WE BOUGHT THE HOUSE.
SO WE'RE, UM, WE'RE NOT SURE THE HOUSE NEXT TO US IS, IS HAS BEEN COMPLETELY EMPTY FOR THE ENTIRE REMODEL.
CHAT WITH ANYBODY AT THAT PROPERTY.
ALRIGHT, WELL IS THERE ANY VOICEMAILS THAT ANYONE SOUNDED TO SPEAK? NO PUBLIC COMMENT.
IS THERE ANY OTHER ADDITIONAL QUESTIONS? JUST TO JUMP IN ON THE QUESTION THAT WAS ASKED EARLIER? I, I MISSPOKE THE, THE PROPERTY TO THE WEST THERE IS ACTUALLY ZONED IDZ.
THE SITE PLAN THAT WAS ADOPTED WITH IT SHOWS A PROPOSED 10 FOOT SEPARATION BETWEEN ANY STRUCTURE THAT THEY BUILD THERE AND THE SUBJECT PROPERTY.
SO YOU CAN SEE THAT THERE, IT'S, UH, ALL THAT LOT IS ITZ.
AND THEY, AND THEY WERE SHOWING, UM, WHAT ARE THEY BUILDING THERE? DO THEY HAVE A, DO YOU HAVE A SITE PLAN? SO IT'S SHOWING, UH, USES PERMITTED IN C ONE A MULTI-TENANT RETAIL SPACE.
ALRIGHT, IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION.
STEVENS COMMISSIONER STEVENS, REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 0 0 0 5, I
[02:30:01]
MOVED TO THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ONE A THREE FOOT VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW PRIMARY STRUCTURE WITH A TWO FOOT WEST SIDE SETBACK AND TWO, A FOUR FOOT SIX INCH SIDE SETBACK TO ALLOW A CARPORT WITH A SIX INCH EAST SIDE SETBACK TO INCLUDE AN 11 INCH OVERHANG SITUATED AT FIVE 10 BELMONT.APPLICANT BEING RAPHAEL MORENOS CAESAR BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE, THE VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST AS THE PROPOSED SETBACKS WOULD PROVIDE ADJACENT PROPERTY WITH ADEQUATE PROTECTION FOR POTENTIAL NEGATIVE EFFECTS FROM CROWDING STRUCTURES ALONG PROPERTY LINES SUCH AS DAMAGE FROM WATER RUNOFF AND FIRE SPREAD OR REDUCED PRIVACY.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE FOOTPRINT OF THE EXISTING STRUCTURE IS BEING REUTILIZED AS PART OF THE REMODEL OF THIS REMODEL AND ADDITION OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP TO CORRECT A PREEXISTING SETBACK VIOLATION, WHICH IS OUTSIDE THE BOUNDS OF THE INTENDED SCOPE OF THE PROJECT.
THREE, BY GRANTING THE, THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE, THE SPIRIT OF THE ORDINANCE AND THE SUBSTANTIAL JUSTICE WOULD BE SERVED AS THERE WOULD BE ADEQUATE SEPARATION BETWEEN THE CARPORT AND STRUCTURES ON THE EAST ADJACENT PROPERTY.
FURTHERMORE, THERE IS CURRENTLY NO EXISTING STRUCTURE ON THE ADJACENT WEST PROPERTY TO CREATE A SEPARATION CONCERN FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OR THE USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED BY THIS, WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE VARIANCES WOULD NOT INJURE THE APPROPRIATE USE OF THE ADJACENT PROPERTY AS THOSE LAYOUTS MAY BE UTILIZED AND DEVELOPED IN ACCORDANCE WITH THE CURRENT STANDARDS WITHOUT CREATING A SIGNIFICANT CONCERN FOR CROWDING STRUCTURES, WATER RUNOFF OR FIRE SAFETY.
THE P OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SAW AS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
PREEXISTING CONDITIONS SUCH AS THE LOCATION OF THE HOME AND THE CONSTRUCTION OF THE CARPORT WITHIN THE SETBACK AREA WERE NOT CREATED BY THE CURRENT OWNER, ARE NOT PURELY FINANCIAL AND ARE NOT THE RESULT OF GENERAL CONDITIONS.
THE APPLICANT'S INTENT IS TO IMPROVE THE PROPERTY FOR THE BENEFIT OF THE NEIGHBORHOOD DESPITE THESE CIRCUMSTANCES.
SECOND, UH, SECOND BY COMMISSIONER MANNA.
I'LL BE IN SUPPORT OF THESE TWO VARIANCES.
I THINK MAINTAINING THE FOOTPRINT OF A HUNDRED YEAR OLD HOME MAKES SENSE AND KEEPING YOUR ADDITION IN LINE WITH THAT WESTERN WALL MAKES SENSE AS WELL.
IT APPEARS THAT YOU HAVE ADEQUATE SPACE ON THE WEST PROPERTY LINE TO MAINTAIN YOUR HOME AND UH, THE CARPORT THAT YOU'RE KEEPING APPEARS TO BE ABOUT THE SAME ERA AS THE HOME.
SO I DON'T SEE ANY REASON TO TRY AND MOVE THAT AT THIS POINT.
THANK YOU COMMISSIONER AMANDA? UM, SUGGEST FRIENDLY AMENDMENT, WHICH WOULD BE, UM, LIMITED TO AS CURRENTLY BUILT.
UM, YOU'RE TRYING TO MAKE SURE THAT THE HOME ISN'T TWO FEET THE ACCOUNT FOR THE, THE HOME AND OR THE CARPORT.
SO I WOULD SAY BOTH STRUCTURES, YOU KNOW, AS BUILT CURRENTLY.
AND SO THAT WAY IF THEY WANNA MAKE ANY CHANGES THEY'D HAVE TO COME BACK, BUT, BUT LIMIT IT TO THAT.
IF WE WANTED TO PUT A NUMBER ON IT, WOULD IT, WOULD IT, WOULD IT JUST BE TO INCLUDE UP TO A 12 INCH ROOF OVERHANG OR SOMETHING AND WHAT, HOW DO WE OR, OR AS DESIGNED, I MEAN, SO AS CURRENTLY SUBMITTED, SO THAT'S WHAT I WAS ASKING OR AS CURRENTLY BUILT, THAT'S FINE TOO.
SO ARE YOU ATTEMPTING TO LIMIT HIS ABILITY TO REBUILD THAT CARPORT IN ITS CURRENT POSITION? NO, JUST FOR THE HOME.
FOR ITEM ONE, HE WANTS TO MAKE SURE THAT, THAT A HOME ISN'T BUILT TWO FEET OFF.
THAT IT'S A HOME THAT'S THREE FEET, NO CLOSER THAN THREE WITH AN OVERHANG.
BUT HE'S SAYING MATCH WHATEVER'S THERE NOW AND, AND THEN FOR THE CARPORT, I MEAN, SO I DON'T MIND HIM REBUILD IT, BUT ANY, NOT ANY LARGER THAN IT CURRENTLY IS, I GUESS IS WOULD BE THE POINT THERE.
SO I, I THINK KEEPING BOTH STRUCTURES AS IS AND ALLOW 'EM TO MAKE THOSE CHANGES, YOU KNOW, NOT TO, NOT TO EXCEED THE, THE, THE CURRENT FOOTPRINT AND PLACEMENT OF THE EXISTING STRUCTURES.
ALRIGHT, SO IT LOOKS LIKE THE MAKER AND THE SECOND BOTH, UH, ACCEPTED.
UH, LET'S, IF THERE'S NO OTHER COMMENTS ALRIGHT, LET'S HAVE A ROLL CALL VOTE.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
[02:35:01]
AND I CONCUR WITH THE FINES OF FACT.UH, MOTION PASSES IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
THIS IS BO A TWO SIX DASH 1 0 3 0 0 0 6.
IT'S IN COUNCIL DISTRICT EIGHT.
THE LOCATION IS 7 8 3 0 LOUIS PAST DRIVE.
UH, THE ZONING IS RM FOUR AND THE I AM THE CASE MANAGER OR IT'S C TWO.
UH, THE REQUEST IS FOR A ONE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM ALLOWABLE FIVE FOOT FRONT YARD FENCE HEIGHT TO ALLOW A SIX FOOT TALL FRONT YARD FENCE.
THE SUBJECT PROPERTY IS LOCATED ALONG THE SOUTH, UH, LOCATED SOUTHWEST OF THE INTERSECTION OF LOUIS PASTER ROAD AND FREDERICKSBURG ROAD.
THE PROPERTY IS SURROUNDED BY A VARIETY OF COMMERCIAL USES, INCLUDING MEDICAL OFFICES, A RESTAURANT AND A CONVENIENCE STORE.
THE APPLICANT PROPOSES A SIX FOOT TALL, PREDOMINANTLY OPEN FACE FENCE TO SE UH, SECURE THE FRONT YARD AREA OF THIS, UH, COMMERCIAL PROPERTY.
PRIOR TO THE ISSUANCE OF THE FENCE PERMIT, THE APPLICANT MUST OBTAIN A SPECIAL EXEMPTION FROM THE BOARD OF ADJUSTMENT TO ALLOW FOR THE INCREASE IN FENCE HEIGHT.
THE APPLICANT ATTENDS TO ABIDE BY ALL OTHER DEVELOPMENT STANDARDS, INCLUDING MAXIMUM SITE DISTANCE IN EACH DRIVEWAY APPROACH, AS WELL AS, UH, THEY CONTACTED VIA IN ORDER TO SEE HOW FAR BACK THEY HAVE TO BUILD FROM THE BUS STOP THAT'S DIRECTLY IN FRONT OF THEIR PROPERTY.
THIS IS THE, UH, SITE PLAN AND THE VIA BUS STOP IS LIKE RIGHT HERE, BUT THEY, THEY HAVE CONTACTED VIA ALREADY TO SEE HOW FAR BACK THEY HAVE TO BUILD FROM THERE.
THIS IS THE SUBJECT PROPERTY IN THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL AND BO OA TWO SIX, UH, DASH 1 0 3 0 6 BASED ON THE FOLLOWING FINDINGS OF FACT, IT'S NOT CONSISTENT WITH THE SURROUNDING COMMERCIAL PROPERTIES IN THE AREA.
AND THE PROPOSED, UH, FENCE WOULD CREATE A VISUAL BARRIER BETWEEN THE BUSINESSES ON THE SUBJECT PROPERTY AND THE SURROUNDING AREA.
WE MAILED 12 NOTICES THERE WERE NONE IN FAVOR AND, UH, NONE IN OPPOSITION.
AND THAT CONCLUDES STAFF'S PRESENTATION.
DID YOU HAVE ANY QUESTIONS? UH, DO YOU HAVE ANY QUESTIONS FOR THE REST OF THE COMMISSION FOR STAFF? I DO, BUT
LET'S HAVE THE APPLICANT COME FORWARD PLEASE.
SORRY, I HAVE A PINCH NERVE IN MY BACK AND IT, IT'S FINE.
UH, THANK YOU GUYS FOR HEARING ME.
YEAH, YOU HAVE TO STRAIGHTFORWARD, BUT I THINK I'D LIKE THAT.
SO YOU GOTTA GET, YOU GET A LITTLE CLOSER TO THE MIC.
I CAN HEAR YOU FINE, BUT OKAY.
YEAH, YOU CAN MOVE IT DOWN AND YOU'RE GOOD.
SO TELL US ABOUT YOUR PROJECT.
UM, WELL, SO AS YOU CAN SEE, IT'S, IT'S UH, IN THE MEDICAL CENTER THERE'S A BUNCH OF COMMERCIAL STUFF AROUND IT.
THE BIGGEST ISSUE IS THAT, AM I DOING THIS RIGHT? FROM, FROM ALL DIRECTIONS THERE'S A BUNCH OF HOMELESS AND AS YOU CAN SEE, OH YEAH, THERE'S AN ARCADE.
RED BUTTON, RED BUTTON RIGHT HERE.
SO THERE'S AN ARCADE RIGHT THERE AND IT'S ABOUT SIX OR SEVEN FEET WIDE ALL THE WAY AROUND THE FRONT.
PEOPLE COME IN AND GET OUT OF THE RAIN AND ELEMENTS AND WHATNOT.
I'M, I'M PART OF THE GROUP THAT OWNS THE PROPERTY.
THE PROBLEM IS OUR NEIGHBORS, UH, AND SOME OF THE PEOPLE THAT HANG AROUND THERE, UH, ARE DOING SOME STUFF THAT'S NOT KIND OF DANGEROUS.
UH, CAUGHT PEOPLE SMOKING, METH.
UH, I'VE HAD PEOPLE THREATEN ALL KINDS OF STUFF.
SO THAT'S WHY WE'RE DOING THE FENCE.
WE ARE CURRENTLY CONSTRUCTING A FENCE THAT GOES FROM HERE TO THERE TO THE BACK AND ALL OF THAT IS CHAIN LINK.
BUT WE WANTED TO DO A SQUARE TWO BLACK FENCE AROUND THE FRONT TO MAKE IT A LITTLE MORE AESTHETICALLY PLEASING FOR THE NEIGHBORHOOD.
I MEAN, IT'S RIGHT IN THE MIDDLE OF THE MEDICAL CENTER AND THE REASON WE ARE ASKING FOR A VARIANCE OF ONE FOOT IS BECAUSE OF THE HEIGHT.
FIVE FOOT IS A DETERRENT, BUT IT'S NOT AS EFFECTIVE AS A SIX FOOT FENCE.
SO THAT'S WHAT WE'RE, THAT'S WHAT WE'RE ASKING FOR.
WE ARE GOING TO, AS, AS, UH, HE HAD MENTIONED WE HAVE REACHED OUT TO VIA, WE'RE WAITING ON THEM TO GET BACK WITH US AND WE HAVE ALSO REACHED OUT TO TRAFFIC.
WE'RE WAITING FOR THEM TO TELL US WHAT SETBACKS, WHAT ALL THE DIFFERENT DIMENSIONS THEY'RE GONNA ASK FOR PARAMETERS AND WHATNOT.
WE WILL COMPLY WITH ALL OF THEM.
THE ONLY VARIANCE WE'RE ASKING FOR IS THE HEIGHT SO THAT WE CAN MAKE IT HARDER FOR
[02:40:01]
PEOPLE TO GET IN.ARE, ARE YOU LOOKING FOR AN, AN AUTOMATIC ENTRY GATE? WE HAVE PLANNED TO PUT ONE IN HERE ON THIS SIDE BECAUSE IT'S FURTHER FROM THE MAIN INTERSECTION GIVING MORE ROOM FOR TRAFFIC.
THEY'LL BE OPEN DURING BUSINESS HOURS.
UH, WE CURRENTLY DON'T HAVE A TENANT.
WE ARE IN NEGOTIATIONS WITH FINDING A TRIPLE NET TENANT TO, UH, RENT THE PLACE.
AND AS I MENTIONED, THIS WILL BE, UH, AUTOMATIC.
THIS WILL BE MANUAL AND THERE'S, THERE'LL BE CHAIN LINK HERE AND HERE.
SO THIS PART OF THE PARKING WILL BE FOR CUSTOMERS AND THIS WILL BE FOR STAFF.
SOUNDS, SIM SOUNDS, UH, CUT AND DRY ENOUGH.
UH, IS THERE ANY QUESTIONS FOR THE APPLICANT? MAN, COMMISSIONER MAN, SO, AND I JUST, SO IN THE, UH, IN THE MOTION, THE WAY IT'S READ, UM, SO, SO THIS IS PREDOMINANTLY OPEN FENCING, UH, ALL THE WAY AROUND.
SO THAT WOULD BE THE ONLY THING I WOULD ADD, I GUESS IN THE READING IS JUST TO ENSURE THAT, THAT THAT IS PART OF THE MOTION.
ANYONE ELSE HAVE A QUESTION? IS THERE ANY VOICEMAILS, ANYONE SIGNED TO SPEAK? NO PUBLIC COMMENT.
ALRIGHT, WELL IF THERE'S ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE MOVE TO A MOTION.
ALRIGHT, WELL, I'M LOOKING FOR A MOTION WHOEVER WOULD LIKE TO.
AMANDA, COMMISSIONER AMANDA, REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 0 6.
I MOVE TO THE BOARD ADJUSTMENT GRANT, THE REQUEST FOR A ONE FOOT SPECIAL EXCEPTION FOR THE MAXIMUM ALLOWABLE FIVE FOOT FRONT YARD FENCE TO ALLOW A SIX FOOT PREDOMINANTLY OPEN FRONT YARD FENCE SITUATED AT 7 8 3 0 LOUIS PASTOR, UH, DRIVE APPLICANT B AND EDWARD DIAZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THIS DEFENSE HEIGHT MODIFICATION ALIGNS, UH, WITH THAT INTENT BECAUSE IT PROVIDES THE NECESSARY AMOUNT OF SECURITY AND A MODESTY AND A MOSTLY PROPOSED FENCE HEIGHT INCREASE, UM, OR MODESTLY, MODESTLY PROPOSED, UH, HEIGHT INCREASE.
UH, B THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE TALLER FENCE PROVIDES A DEGREE OF SECURITY FOR THE PROPERTY WITHOUT COMPROMISING THE SAFETY OF MOTORISTS OR PEDESTRIANS IN THE AREA.
SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED SPECIAL EXCEPTION.
BECAUSE A PROPERTY IS LOCATED WITHIN A COMMERCIAL DISTRICT, THERE IS MINIMAL, MINIMAL VISUAL OR PHYSICAL IMPACT ON ADJACENT PROPERTIES.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION WITH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
UH, DUE TO THE SPECIAL PROPERTY RESIDING WITHIN A COMMERCIAL AREA AND SIMILAR FENCING EXISTING ON THE MULTIFAMILY DEVELOPMENT ACROSS THE STREET, THE PROPOSED FIDES WOULD BE IN CHARACTER WITH THE SURROUNDING AREA.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
ALLOWING A MODEST INCREASE IN FENCE HEIGHT IN THIS UNIQUE LOCATION DOES NOT UNDERMINE THESE, THOSE GOALS AS IT IS A COMMERCIAL SITE AND THE NEIGHBORING CHARACTER, THE NEIGHBORHOOD CHARACTER WOULD NOT BE ALTERED.
SECOND BY COMMISSIONER STEVENS.
UM, I DON'T SEE IT BEING APPROVED AS I READ IT, SO I'LL COMMISSIONER STEVENS, I AGREE WITH MY COLLEAGUE AND I APPRECIATE YOUR NEED TO PROTECT YOUR PROPERTY, SO I'LL BE IN SUPPORT.
ALL RIGHT, ANYONE ELSE LIKE TO ADD HEARING NONE THIS HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER BON? YES, I CONCUR.
[ Approval of Minutes ]
ALL RIGHT, NEXT UP IS THE DIRECTOR'S REPORT.ANYBODY HAVE ANY AMENDMENTS TO THE MINUTES? ANYONE LIKE TO MAKE A MOTION TO APPROVE THE MINUTES? SO, ALL RIGHT, WE HAVE A MOTION BY COMMISSIONER STEVENS TO APPROVE THE MINUTES.
SECOND BY COMMISSIONER BENAVIDES.
[ Director’s Report ]
ARE APPROVED.STAFF YOU HAVE A DIRECTOR'S REPORT? UM, I BELIEVE THERE WAS SOME DISCUSSION, BUT WE ARE GOING TO BE STOPPING ACCEPTING, UH, VOICEMAILS,
[02:45:01]
UM, ON APRIL 1ST.SO EVERY MEETING AFTER APRIL 1ST, THAT VOICEMAILS WILL NOT, WILL NOT BE PLAYED.
AND THIS IS COMING FROM OUR CITY CLERKS AND CITY MANAGER'S OFFICE.
UH, I WOULD LIKE TO ADD TWO THINGS.
ONE, UH, A REMINDER ABOUT YOUR FINANCIAL DISCLOSURE, UH, SUBMITTALS.
I HAVEN'T HEARD ANYTHING, ANY CHATTER ABOUT THAT.
WE HAVEN'T REALLY BEEN MEETING TOO MUCH RECENTLY.
UH, AND THE SECOND THING IS, IS, UH, AT THE NEXT MEETING, UH, WE'LL BE VOTING ON A DATE TO HAVE A WORKSHOP.
AND SO JUST SO EVERYONE KNOWS, UH, WE'LL HOPEFULLY BE MEETING IN THE SMALLER WITH THE TOBIN ROOM OVER THERE AND, UH, JUST KIND OF TALKING ABOUT THINGS THAT, THAT OVER THAT, OVER THE LAST FEW YEARS THAT, THAT WE MAY SEE RECURRING BASIS THAT WE MIGHT WANT TO ADD TO THE UDC.
UM, IF YOU CAN'T MAKE IT, UH, YOU JUST MAKE A LIST AND SUBMIT IT TO STAFF AND IT'LL MAKE SURE BE OR, OR YOU KNOW, MAKE SURE WE'LL BRING IT UP AND DISCUSS IT.
I ALREADY HAVE MYSELF A LITTLE WORKING LIST, UH, SO I CAN'T WAIT TO, UH, SHARE THAT WITH EVERYBODY.
UM, AND SO THAT WAY WHEN, WHEN THOSE AMENDMENTS COME OUR WAY, WE'LL BE READY TO GO WITH ANY THAT THE BOARD WOULD LIKE TO MOVE FORWARD WITH.
SO IS THERE ANYTHING ELSE ANYONE WOULD LIKE TO, UH, COMMENT OR ADD? HEARING NONE.
AND WE HAVE 17 CASES NEXT TIME, SO PLEASE, PLEASE REVIEW THE AGENDA 'CAUSE I WILL BE ON FIRE MOVING QUICKLY.
YEAH,
DON'T FORGET THE GOOD, THE GOOD DINNER.
AND I'LL PUT TAPE OVER MY MOUTH.