* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.
          ALRIGHT. 
          [00:00:02]
IT IS ONE OH ONE. 
          I HEREBY CALL THIS MEETING THE BOARD OF ADJUSTMENTS INTO SESSION. 
          IF WE CAN HAVE THE, UH, SPANISH INTERPRETER COME OUT, I'D APPRECIATE IT. 
          GOOD MORNING EVERYONE. 
          GRACIA. 
          THANK YOU. 
          THANK YOU. 
          STAFF, IF YOU COULD PLEASE CALL RO. 
          COMMISSIONER REED PRESENT. 
          COMMISSIONER STEVENS. 
          COMMISSIONER IBANEZ. 
          PRESENT. 
          COMMISSIONER DEAN PRESENT. 
          COMMISSIONER CRUZ. 
          HERE. 
          COMMISSIONER GOMEZ. 
          COMMISSIONER BRAGMAN. 
          PRESENT. 
          COMMISSIONER BENAVIDES PRESENT. 
          COMMISSIONER MENA PRESENT. 
          COMMISSIONER OZUNA PRESENT. 
          COMMISSIONER EZ. 
          HERE. 
          COMMISSIONER VASQUEZ. 
          PRESENT CHAIR ORIAN. 
          AND I'M PRESENT. 
          WE HAVE A QUORUM OF 11. 
          IT APPEARS LIKE, UH, IF EVERYONE COULD PLEASE, UH, JOIN ME IN THE PLEDGE. 
          I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. 
          ONE NATION UNDER GOD BEING INVISIBLE WITH LIBERTY, JUSTICE FOR ALL HONOR THE TEXAS FLAG. 
          I PLEDGE TO POSITION TEXAS. 
          ONE STATE UNDERGONE ONE INDIVIDUAL. 
          ALL RIGHT, SO BEFORE 
          [
Briefing and Possible Action on the following items
 ]
WE, UH, PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. 
          UH, THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE. 
          THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. 
          FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT. 
          LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING. 
          WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. 
          THE CITY COUNCIL IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. 
          THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. 
          WE ONLY EXAMINED THE FACTS PERTAINING TO THE RELEASE SOUGHT, AND WE DID NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. 
          SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. 
          THEY'RE CLEARLY, 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 THE DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL AND THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZED VARIANCES FROM THE ZONING REGULATION 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. 
          ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. 
          AFTER EVERYONE HAS HEARD THE CASE, IT WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. 
          EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY. 
          IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. 
          THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. 
          THE APPLICANT MUST PRESENT FACTS IN WHICH A REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN 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 38 28, I'M SORRY, ARE MADE TO THE CITY COUNCIL. 
          PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE. 
          STAFF. 
          THANK 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 FOR SPECIAL EXEMPTION AND THE PROPERTIES WITHIN 200 FEET OF THE SUBJECT PROPERTIES. 
          CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION. 
          ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE WHO SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE FOR SPECIAL EXEMPTION. 
          YOU'LL BE CALLED IN ORDER TO SIGN UP TO SPEAK. 
          THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED OF MAXIMUM OF THREE MINUTES PER SPEAKER. 
          YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE. 
          I WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER. 
          THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. 
          THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. 
          THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER 
          [00:05:01]
WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO RECORD. 
          YES. 
          AND, AND REALLY QUICKLY, HOW MANY PEOPLE DO WE HAVE SIGNED UP TO SPEAK TODAY? NOT APPLICANTS, BUT WE HAVE, UH, SIX SIGNED UP TO SPEAK. 
          TWO FOR ITEM NUMBER FOUR. 
          UH, ONE FOR ITEM NUMBER FIVE, ONE FOR ITEM NUMBER EIGHT AND TWO FOR ITEM NUMBER NINE. 
          ALL RIGHT. 
          THANK YOU VERY MUCH. 
          UH, LET'S START WITH ITEM ONE. 
          HEY, FOR THE CITY STAFF, I NEED UH, SOME COMPUTER ASSISTANCE. 
          UH, GOOD AFTERNOON. 
          MY NAME IS JOSEPH EOS, SENIOR PLANNER WITH DEVELOPMENT SERVICES. 
          ITEM NUMBER ONE IS BO O EIGHT DASH 25 DASH 1 0 3 2 69, UH, 82 0 1 MEADOW POST. 
          UM, THE APPLICANT IS JK AND FRANCE GUIDANCE LLC AND THEY ARE REQUESTING, UM, AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THEIR PERMIT. 
          UM, SO THIS CASE, IT IT WAS CONTINUED FROM THE FEBRUARY 23RD MEETING TO ALLOW THE APPLICANT TO CONTACT THE TENANT TO DETERMINE THE NUMBER OF STAYS THAT THEY HAD. 
          UM, ALTHOUGH THE TENANT DID APPLY FOR THE SHORT-TERM RENTAL APPLICATION AND RECEIVED AUTHORIZATION FROM THE PROPERTY OWNER, IT REMAINS THE PROPERTY OWNER'S SOLE RESPONSIBILITY TO REPORT HA ON A MONTHLY BASIS. 
          UH, THE TAXPAYER IDS ARE REGISTERED TO THE PROPERTY OWNER, NOT THE TENANT. 
          UM, ADDITIONALLY, ADDITIONALLY, THE APPLICANT DID CONFIRM AT THE LAST MEETING THAT THE DELINQUENCY LETTERS WERE RECEIVED AND ACKNOWLEDGED THEIR CONTENTS, UM, BETWEEN THE PREVIOUS MEETING AND NOW THE APPLICANT HAS SINCE REPORTED ZERO STAYS FOR ALL MONTHS. 
          UM, HOWEVER, UM, AVENUE DOES REFLECT SOME ACTIVE STAYS FOR DECEMBER, 2024 AND JANUARY, 2025. 
          AND THIS IS THE, UH, MESSAGE THAT WE SEND UPON A PERMIT APPROVAL. 
          UM, IT PRETTY MUCH STATES THAT ANYONE WHO'S OPERATING A SHORT TERM RENTAL NEEDS TO REPORT HOT AND THE RED ARROW POINTS TO THE EMAIL ADDRESS OF THE PROPERTY OWNER. 
          AND, UH, THESE TWO PHOTOS ARE JUST A ACTIVITY TIMELINE OF, UM, THE LISTINGS THAT WERE, THAT WAS ACTIVE. 
          AND THEN THE BOTTOM PHOTO ARE TWO REVIEWS FROM, UH, DECEMBER, 2024 AND JANUARY, 2025. 
          UM, AND THEN AS FOR THE NOTIFICATION PLAN, UH, WE DID MAIL OUT 24 NOTICES. 
          UM, SINCE THE LAST MEETING, WE'VE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION, UH, NO RESPONSE FROM THE NEIGHBOR ASSOCIATION AND NO RESPONSE FROM THE OTHER CITYWIDE GROUPS. 
          ALRIGHT. 
          AND AS OF TODAY, HE, HE MAY HAVE DONE ALL HIS FILING, BUT THERE'S STILL POTENTIAL MONIES DUE, CORRECT? YES, SIR. 
          ALRIGHT, LET HAVE THE APPLICANT COME FORWARD. 
          UH, BON REAL QUICK CITY, CAN YOU GO BACK TO THAT, TO THAT NOTICE, UH, OF APPROVAL EMAIL? I JUST WANTED TO READ SOMETHING ON THERE REAL QUICK. 
          OKAY. 
          ALRIGHT. 
          ANY QUESTIONS? NO. 
          DOES HAVE THE APPLICANT COME FORWARD? HELLO, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SDR. 
          MY NAME IS FRANCIS INBA AND, UM, I'M THE MANAGER OF, OF THE LLCI THAT OWNS THE PROPERTY AT 8 2 0 1 MIDDLE POST. 
          UM, I WAS HERE A MONTH AGO. 
          UM, UH, FROM, FROM THAT TIME TO NOW, WHAT I'VE DONE IS TO CONTACT THE TENANT. 
          WHAT HE TOLD ME WAS THAT HE DIDN'T MAKE ANY MONEY. 
          I TRIED TO REACH OUT TO AIRBNB, UH, TO SEND ME, UM, ANY INFORMATION THEY MIGHT HAVE, UM, ON THEIR RECORD. 
          THEY INSISTED THAT SINCE MY NAME WAS NOT ON THEIR AIRBNB, THEY CANNOT RELEASE ANY, ANY INFORMATION TO ME. 
          WHAT I DID WAS BASED ON THE, UM, INFORMATION I HAVE, I FILED THE MISSING REPORT AND ALSO PAID THE PENALTIES ASSOCIATED TO THEM. 
          UM, YOU KNOW. 
          OKAY. 
          YOU DID PAY PENALTIES? YES, I DID. 
          OKAY. 
          STAFF, DO YOU HAVE, UH, YOU HAD MENTIONED AVENUE HAD HAD RECORDED SOME STAYS. 
          HOW MANY STAYS ARE WE TALKING ABOUT? SO, UM, ON AVENUE IT DID STATE THAT THERE WERE TWO REVIEWS FOR DECEMBER, 2024 AND JANUARY, 2025. 
          AND THOSE ARE THE ONLY TWO REVIEWS THAT WE COULD FIND. 
          AND, AND IN A REVIEW YOU HAVE TO STAY THERE TO MAKE A REVIEW. 
          [00:10:02]
YOU DO? OKAY. 
          YES. 
          SO THE, SO THE, SO JUST THIS APPLICANT MIGHT OWE HOT TAXES ON A HANDFUL OF STAYS. 
          SO THAT'S, THAT'S WHERE WE'RE AT RIGHT NOW, SIR. 
          SO THAT'S, THAT'S WHAT THE CONCERN WAS IS THAT WHEN WE CONTINUED THIS LAST TIME, WE WANTED TO MAKE SURE YOU HAD THE BENEFIT APPEARING BEFORE THE BOARD, UH, WITH ALL YOUR DOCUMENTATION ORDER AND, AND THE OUTSTANDING, UH, PAYMENTS DUE. 
          UH, YOU MAY NOT HAVE BEEN AWARE OF THE HANDFUL OF STAYS 'CAUSE THEY DIDN'T WANT TO DISCLOSE THAT TO YOU. 
          UM, STAFF, IS THERE ANYTHING, ANY ASSISTANCE YOU CAN DO TO PROVIDE HOW MANY STAYS POTENTIALLY HAPPENED OR WHAT KIND OF TAXES ARE OWED OR ANYTHING? OR AT LEAST GET AVENUE TO TELL HIM WHAT HAPPENED? ? YEAH, BUT I DON'T, YEAH, I DON'T, I DIDN'T HAVE CONTROL OVER THE STAYS AND I DON'T HAVE ANY ACCESS TO THE ACCOUNT. 
          SO I UNDERSTAND. 
          SO WHEN I SPOKE TO AIRBNB, THEY SAID THE CITY CAN ACTUALLY REACH OUT TO THEM IF YOU KNOW, WELL LET'S SEE IF WHAT THEY CAN DO. 
          IS IT, IS THERE ANYTHING THAT YOU CAN DO TO POSSIBLY, UH, A, A ASSIST THIS APPLICANT IN GETTING UP TO DATE? FINANCIALLY HE WOULD HAVE TO GO THROUGH AVENUE. 
          SO IN THIS SORT OF A SITUATION, SO THE ITEM WAS CONSIDERED BY THE BOARD, YOU CAN'T, I'M SORRY WE CAN'T HEAR YOU. 
          SORRY. 
          THANK YOU. 
          THE ITEM WAS CONSIDERED BY THE BOARD TWO WEEKS AGO. 
          THERE SEEMED TO BE A DISCREPANCY BETWEEN WHETHER OR NOT THERE HAD BEEN STAYS IN ASSOCIATED PAYMENTS. 
          SO THE BOARD CONTINUED IT IN THAT TIME. 
          THE APPLICANT REPORTED ZERO REVENUES FOR ALL OF THE MONTHS THAT WERE MISSING, BUT IN SEVERAL OF THOSE MONTHS WE FOUND REVIEWS AND DOCUMENTED STAYS. 
          WHAT THEY ARE ACTUALLY GOING TO END UP OWING IS GOING TO BE A CONVERSATION OFFLINE BETWEEN THEM, THE CITY'S FINANCE DEPARTMENT AND AVENUE, OUR THIRD PARTY COLLECTION FIRM. 
          I CAN'T COMMENT ON WHAT THEY'RE ACTUALLY GONNA END UP OWING. 
          ALL I CAN COMMENT ON IS THAT REPORTING ZERO REVENUE FOR NO STAYS APPEARS TO BE INACCURATE. 
          OKAY. 
          ALRIGHT. 
          AND WE'RE TALKING TWO MONTHS, RIGHT? TWO STAYS, TWO STAYS OR TWO MONTHS WE FOUND STAYS TWO REVIEWS FOR TWO SEPARATE MONTHS ON THEIR, ON THEIR ONLINE LISTING. 
          OKAY. 
          SO WE HAVE YES. 
          COMMISSIONER MANNA. 
          SO, SO YOU'RE STATING TWO STAYS AND THAT'S SIMPLY REFLECTED BECAUSE THERE ARE FEEDBACK THAT THERE IS FEEDBACK PROVIDED. 
          COULD THERE BE STAYS THAT DON'T HAVE FEEDBACK PROVIDED THAT WOULD HAVE NOT BEEN CAUGHT? THAT'S CORRECT. 
          NOT EVERYBODY LEAVES A REVIEW. 
          SO THE ONLY, SO, SO WE KNOW THAT TWO STAYS EXIST SIMPLY BECAUSE THERE'S REVIEWS, BUT THERE CERTAINLY COULD HAVE BEEN NONSTOP EVERY SINGLE PERIOD BETWEEN THEN AND THEN COULD HAVE BEEN. 
          RIGHT. 
          MY, I I JUST, UH, I'M BRINGING ALL THIS UP BECAUSE, UM, IF THE APPLICANT HAS PAID A PENALTY AND HE'S ATTEMPTED TO PAY AND HE JUST DOESN'T KNOW WHAT ELSE HE'S OWED BECAUSE AVENUE WON'T TELL HIM THAT MIGHT, THAT JUST, I DON'T KNOW, SITS FUNNY WITH ME. 
          UM, MR. CHAIR, I DO WANNA CLARIFY. 
          WHEN IT COMES TO REPORTING THROUGH AVENUE, IT'S AT THE DISCRETION OF THE OWNER OR OPERATOR TO REPORT THEIR TOTAL REVENUE FOR THE MONTH. 
          FINANCE DOES HAVE A SEPARATE DEPARTMENT WHERE THEY AUDIT THOSE. 
          THERE'S INSTANCES WHERE PEOPLE WOULD REPORT AND ARE ACTUALLY UNDERREPORTED. 
          AND SO SOME OF THOSE PROPERTIES ARE AUDITED BY THE FINANCE DEPARTMENT. 
          BUT THE DISCRETION, IT IS THAT THE DISCRETION OF THE OWNER TO REPORT THEIR REVENUE FOR A GIVEN MONTH. 
          OKAY. 
          I WAS GONNA NOTE, BUT MISSION, BUT IN THIS CASE THERE, THERE WAS, HE SEPARATED THE RELATIONSHIP BETWEEN THE OPERATOR AND THE OWNER. 
          SO THEY'RE NOT TALKING AT ALL. 
          SO THERE'S NO WAY FOR HIM TO GET THE OPER, THE OPERATOR REPORTS AS THE OWNER. 
          SO THAT'S THE CRUX OF THE PROBLEM AS I UNDERSTAND IT. 
          I ALSO HAVE AN ISSUE WITH THE OPERATOR BEING . 
          IT MIGHT, HE, HE MIGHT WANT TO MAYBE UNDERREPORT BECAUSE HE ULTIMATELY MAY OWE THE APPLICANT THE MONEY. 
          WELL, AND I JUST WANNA SO CONFIRM WHAT IS BEING STATED THAT I GUESS THERE ARE TWO SEPARATE ENTITIES ON THIS PROPERTY. 
          THE OWNER AND UM, THE MANAGER I GUESS, OR WHATEVER WE WANNA CALL IT. 
          AND SO, AND SO ONE CAN BLOCK THE OTHER OR THEY BOTH DON'T HAVE ACCESS TO THE RECORDS. 
          THAT SEEMS SERIOUSLY FLAWED. 
          IF THAT'S A CASE. 
          HE HAD A TENANT, HUH? HE WAS RENTING THE HOUSE AS SOMEBODY AND THAT PERSON WAS RENTING IT AS AN AIRBNB. 
          SO THE OWNER DIDN'T NECESSARILY KNOW THE DAY TO DAY, BUT HE, THE OWNER IS ULTIMATELY RESPONSIBLE FOR THE DOCUMENTATION IN THE PAYMENTS OF TAXES. 
          AND SO IF THE TENANT THAT HE RENTED THE HOUSE TO WHO WAS THEN RUNNING THE AIRBNB WAS NOT BEING AS TRUTHFUL, THEN I, I DON'T KNOW HOW THE APPLICANT IS GOING TO GET TO THE NUMBER. 
          THAT'S SO COULD A CITY CONFIRM THAT, THAT THE OWNER, IT DOES NOT NECESSARILY HAVE TO BE PART OF THE, UM, I GUESS THE SERVICE ITSELF WHEN IT'S REGISTERED, OH, WHEN AN OWNER COMES INTO IT, WHEN A WE GET AN  APPLICATION, THEY CAN, SOMEONE CAN, THE OPERATOR OR APPLICANT HAS TO GET AUTHORIZATION FROM THE OWNER TO EITHER SUBMIT THE APPLICATION OR OPERATE THE APP, THE SHORT-TERM RENTAL ON THE BEHALF OF THE OWNER. 
          BUT AGAIN, AT THE END OF THE DAY, THE 
          [00:15:01]
OWNER'S ULTIMATELY RESPONSIBLE FOR THE STATUS OF THE STR PERMIT AS WELL AS THE HOT ACCOUNT. 
          SO THE OWNER WOULD, WOULD NOT BE, OR THE, UH, RENTER OR THE, THE, THE OTHER PARTY WOULD NOT BE ABLE TO DO A RENTAL WITHOUT THE OWNER'S PERMISSION. 
          AND THAT IS CAPTURED WHERE THAT'S CAPTURED AS PART OF THE REVIEW, COMPLETED REVIEW PROCESS, WE ASK FOR AUTHORIZATION LETTER SIGNED AND NOTARIZED BY THE OWNER AUTHORIZING THE APPLICANT OR OPERATOR. 
          THAT'S SOMEONE THAT'S NOT THE OWNER. 
          OKAY, THANK YOU. 
          YEAH, SO WHAT HAPPENS IS THAT THE, HE GAVE HIM THE TENANT, HE RENTED TO PERMISSION TO RUN THE AIRBNB, BUT ONCE HE STARTED RUNNING THE AIRBNB, HIS EMAIL WAS NOT LISTED WITH AVENUE OR ANYONE ELSE. 
          SO HE DIDN'T KNOW HOW MANY TIMES IT WAS BEING RENTED OUT AND AND THEY WON'T TELL HIM AT LEAST AS FAR AS WHERE HEARING THAT'S CORRECT. 
          YEAH, SO, SO THAT, SO SO DOES THAT, YOU KNOW, I WANT, I JUST WANNA KEEP VERIFYING AGAIN. 
          SO IS THAT A TRUE STATEMENT THERE SO THAT THE OWNER COULD BE LEFT OUTTA THE LOOP OUTTA THIS ENTIRE TIME? OR DOES THE OWNER HAVE A ROLE IN ANY OF THIS? YOU KNOW, I GUESS WHEN IT IS THAT THEY'VE SUBMITTED, I THINK THAT REALLY DEPENDS ON HOW THE PROPERTY OWNER INTENDS TO HAVE THE STR OPERATED. 
          I THINK THERE IS AN INHERENT RISK BY AUTHORIZING SOMEONE ELSE TO USE YOUR PROPERTY, KNOWING THAT YOU AT THE END OF THE DAY ARE RESPONSIBLE FOR IT, BUT NOT REALLY BEING INVOLVED IN THE OPERATION. 
          AND MAYBE THAT'S THE SITUATION THAT WE'RE IN HERE TODAY. 
          SO TO THE APPLICANT, UM, IS THIS TENANT STILL INVOLVED IN THIS SDR IN ANY WAY? NO. 
          NO. 
          OKAY. 
          OUR RELATIONSHIP HAS BEEN SEPARATED SINCE, UM, DECEMBER AND SINCE THEN I'M RESPONSIBLE FOR THE TAXES AND, AND FROM THAT TIME I'VE FILED ON TIME AND MY PLEDGE IS, I DIDN'T HAVE THIS INFORMATION BEFORE, I DIDN'T KNOW THAT AS THE OWNER OF THE PROPERTY, I'M RESPONSIBLE FOR ALL THE TAXES, EVEN IF HE DOESN'T PAY. 
          AND APPARENTLY HE'S AWARE ABOUT THAT AND THAT'S WHY HE'S NOT HERE. 
          BUT SINCE THE LAST TIME YOU WERE HERE, YOU WERE ASSESSED FINE AND AND YOU DID PAY IT TO THE CITY? YES, I PAID, I PAID A ONE YEAR PENALTY, YOU KNOW. 
          OKAY. 
          BRAGMAN COMMISSIONER BRAGMAN. 
          SO ARE YOU STILL RUNNING THE, UM, SHORT-TERM RENTAL? YES, AND MY GOAL IS TO RUN IT BY MYSELF TO ENSURE THE TAXES I PAID AND, AND US ON TIME. 
          OKAY. 
          AND FOR STAFF, I MEAN, IF, IF THE APPLICATION WAS DONE IN THE TENANT'S NAME, HOW CAN HE RUN THE SHORT TERM RENTAL? YEAH, SO HE, AS THE PROPERTY OWNER, HE CAN EFFECTIVELY UPDATE WHO IS LISTED AS THE DESIGNATED OPERATOR ON THE PERMIT. 
          SO THE, THE PERMIT IS STILL TIED TO HIS NAME. 
          AND TO CLARIFY, HE THE MAILED NOTICE THAT WERE SENT OUT BY AVENUE WORD MAILED TO THE PROPERTY OWNER AND HE SAID LAST TIME THAT HE DID RECEIVE THOSE LETTERS, BUT HE BELIEVED IT WAS A TENANT RESPONSIBLY NOT HIS. 
          CAN I SAY SOMETHING? YES, SIR. 
          SO THE, UH, THE, THE LETTERS I RECEIVED WAS ACTUALLY 40. 
          HE DIDN'T HAVE MY NAME CORRECTLY BECAUSE I DIDN'T HAVE A RELATIONSHIP WITH, WITH AVENUE AT THE TIME. 
          I DIDN'T EVEN KNOW THEY WERE ACTUALLY RIGHT MALES, LIKE MY LAST NAME WAS SPELLED AS A DIFFERENT NAME. 
          I THOUGHT IT WAS JUST A MAIL SENT TO RECEIVE INFORMATION FROM ME. 
          SO, UM, I LEARNED THAT MY NAME WAS ATTACHED INTO THE, INTO THE, TO THE LANSINGS AT THE TIME I DIDN'T COME HERE, IT WAS A TENANT. 
          I CAME HERE TO APPLY FOR IT. 
          OKAY, THANK YOU. 
          ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF? MANNA, COMMISSIONER MANNA? SO QUESTION FOR STAFF IS, YOU KNOW, UM, THIS SEEMS, THIS SEEMS LIKE AN ERROR FROM MY PERSPECTIVE ON HOW WE CAN SET UP CONTRACTS. 
          IS THERE SOME KIND OF STATE DRIVE OR SOMETHING ELSE THAT'S PROVIDING THE ON THAT ENABLES THAT WE CAN HAVE THE OWNER NOT PART OF THAT CONTRACT IN GENERAL WHERE IT'S NOT, YOU KNOW, SO THEY CAN SUBLET IT OUT, BUT THE OWNER ALWAYS BEING PART OF IT OR IT SEEMED LIKE HE WAS LEFT OUT THIS TIME. 
          SO I'M JUST, YOU KNOW, I, I DON'T THINK IT'S A HEALTHY THING IF WE'RE GONNA HOLD OWNERS ACCOUNTABLE WE'RE, YOU KNOW, THIS SCENARIO HERE. 
          SO, SO I'M JUST TRYING TO SEE IF THAT CAN BE RESOLVED OR IF, OR IS THAT REALLY HOW WE WANNA DO THINGS? UM, TO CLARIFY LIKE AS, AS, AS MR. SPARROW STATED, IT'S THAT MOST PART WE DO GET MULTIPLE OWNERS THAT AUTHORIZE, HAVE A DIFFERENT OPERATOR RUNNING THE BUSINESS FOR THEM, BUT THEY'RE STILL INCLUDED AND IN THE LOOP OF THE CONVERSATION. 
          THEY'RE NOT SURPRISED WHEN THIS HAPPENS. 
          AGAIN, THERE'S SOME SENSE LIKE HOW INVOLVED THE OWNERS ARE IN THE SHORT TERM RENTAL. 
          'CAUSE END OF THE DAY THEY ARE THE PROPERTY OWNERS AND RESPONSIBLE FOR THE SHORT TERM RENTAL. 
          YEAH, I I JUST WANT TO CLARIFY. 
          WE DIDN'T ISSUE ANS TR PERMIT TO THE OPERATOR WITHOUT THE PROPERTY OWNER'S EXPRESS PERMISSION. 
          SO WE DON'T HAVE A PROBLEM WHERE PEOPLE ARE OBTAINING PERMITS ON OTHER PEOPLE'S PROPERTY AND OPERATING A BUSINESS WITHOUT THEIR KNOWLEDGE. 
          WE NEED THEIR CONSENT SIGNATURE NOTARY. 
          WE NEED IT ALL TO ENABLE THAT PERMIT TO BE ISSUED. 
          SO, YOU KNOW, I I I DON'T 
          [00:20:01]
KNOW THAT WE HAVE THE PROBLEM THAT YOU'RE ALLUDING TO WHERE UNDER EXISTING RULES PEOPLE ARE ABLE TO START OPERATING THESE STR WITHOUT THE FULL KNOWLEDGE OF THE PROPERTY OWNER. 
          NOW ONCE THE PERMIT IS ISSUED, HOW THAT PROPERTY OWNER CHOOSES TO BE INVOLVED OR NOT TO BE INVOLVED CANNOT BE POLICED BY THE CITY. 
          I CAN'T, I CAN'T PUT A CODE ENFORCEMENT OFFICER AT EVERY RESIDENCE AND ENSURE THAT THEY'RE CHECKING IN WITH THEIR OPERATORS ON A WEEKLY BASIS. 
          THAT IS GOING TO BE UP TO THE PROPERTY OWNER AT THAT POINT IN TIME. 
          SO WAS THERE ANY DIFFERENTIATION FOR MESSAGING GOING TO THE OWNER VERSUS THE PERSON WHO IS ACTUALLY DOING THE RENTING? OR WAS IT A HUNDRED PERCENT THE SAME ALL THE WAY THROUGH? I GUESS THAT, SO I'M JUST TRYING TO SEE WHAT THE DIFFERENCE IS AND, AND UNDERSTAND THAT PIECE. 
          UM, SO ON THE SCREEN YOU HAVE WHAT WAS MAILED OUT? EMAILED, SORRY, EMAILED OUT TO THE APPLICANT REGARDING WHEN THE PERMIT WAS ISSUED, THEIR RESPONSIBILITY, REPORTING HOT TAXES, THINGS OF THAT NATURE, HOW TO REPORT. 
          UM, AND THAT EMAILS WE HAVE COMMITTEE TO, WE HAVE ON FILE FOR BOTH THE OPERATOR AND THE OWNER BONIS FOR THE COMMISSIONER BONIS? YEAH, FOR THE CITY. 
          UM, ON THE FINAL NOTIFICATION EMAIL, UH, IT STATES SOMEWHERE THERE YOUR NEXT STEP WILL BE PERMIT REVOKED. 
          IS, IS THAT RIGHT? BECAUSE, BECAUSE JUST ON THE FIRST ONE IT JUST SAYS, YOU KNOW, IF THEY DON'T PAY ONLINE OR PAY HOT, IT WILL RESULT IN PENALTY AND INTEREST FEES. 
          BUT ON THAT FIRST PERMIT APPROVAL, THERE'S NO, UH, THERE'S NOTHING THERE THAT STATES THAT THEY'LL HAVE IT REVOKED IF THEY DON'T PAY. 
          IT JUST SAYS THEY'LL PAY PENALTY AND INTEREST. 
          BUT ON THE FINAL ONE IT, IT DOES THOUGH. 
          WELL, CORRECT. 
          AND THEN TO CLARIFY, MAIL NOTICES ARE SENT THROUGH AVENUE. 
          SO WHEN A PROPERTY IS ONE MONTH DELINQUENT, THEY RECEIVE A NOTICE THAT MONTH AND WILL CONTINUE TO RECEIVE DELINQUENCY, MONTHLY DELINQUENCY NOTICES THAT THEIR HOT ACCOUNT IS DELINQUENT. 
          AND ON THAT LETTER IT DOES SPECIFY THAT THEY WERE TO REPORT WILL REVOK WILL, WILL RESOLVE IN A 12 MONTH PENALTY. 
          AND THERE'S A, I MEAN WILL REVOKE S REVOCATION AND THEY'RE THE 12 MONTH PENALTY APPLIED TO THE PROPERTY OWNER. 
          WHERE WAS THOSE NOTICES? WHAT ADDRESS WERE THOSE NOTICES MAILED TO? WAS IT THE 8 82 0 1 MEADOW POST EAGLE TREE. 
          OH, EAGLE TREE. 
          OKAY. 
          AND DO YOU SIR, YOU LIVE AT EAGLE TREE? YES, SIR. 
          AND DID YOU GET THOSE NOTICES IN THE MAIL? YES, I DID. 
          HOWEVER, IF YOU LOOK AT THE NOTICE, YOU SEE THE LAST NAME IN THERE, MY NAME, IT WAS SPELLED INCORRECTLY. 
          IT WASN'T, IT DIDN'T LOOK LIKE A LEGAL DOCUMENT. 
          I DIDN'T EVEN BELIEVE IT WAS COMING FROM THE CITY. 
          I THOUGHT IT WAS, YOU KNOW, SOMEBODY SOMEWHERE TRYING TO SEND AN INFORMATION TO GET SOMETHING FROM ME. 
          AND THAT WAS WHY I DIDN'T ACT ON THOSE LETTER. 
          OKAY. 
          UNTIL, SO WHEN I REALIZED THAT THE GUY WAS NOT PAYING TAXES WAS WHEN I CAME TO THE OFFICE, HAD TO CHANGE THE LICENSE UNDER MY NAME AND THAT'S WHEN I REALIZED THAT HE DIDN'T PAY. 
          AND IT WAS INDIVIDUAL REVOCATION. 
          ACTUALLY IT WAS ON THE LAST DAY TO APPEAL. 
          AND THAT'S HOW, YOU KNOW, I ENDED UP APPEAL THE NEGOTIATION. 
          OKAY. 
          ANY OTHER QUESTIONS? ALL RIGHT. 
          UM, IS THERE ANY, UH, I KNOW I'VE ALREADY ASKED ABOUT SIGN UP TO SPEAK AND VOICEMAILS. 
          ARE THERE ANY ON THIS ONE? I DIDN'T WRITE DOWN THE FIRST FEW CASES. 
          NO PUBLIC COMMENT. 
          ALRIGHT. 
          AND, UM, I'M LOOKING FOR A MOTION THEN. 
          LAST QUESTION. 
          UH, MON YES. 
          COMMISSIONER, UH, FOR THE CITY, UM, THIS IS THE ONLY PERMIT ON THE BLOCK? YEAH, CORRECT? YES. 
          OKAY, GOTCHA. 
          AND NO OTHER, IS THERE A WAY TO KNOW IF ANYBODY'S LIKE ON STANDBY, WAITING TO GET A PERMIT HERE OR ANYTHING LIKE THAT? THIS STAFF DON'T SEE ANY ACTIVE FOR PENDING APPLICATIONS. 
          GOTCHA. 
          OKAY. 
          UM, THANK YOU. 
          ALL RIGHT. 
          LOOKING FOR A MOTION. 
          BONNI COMMISSIONER BONNI, UH, REGARDING CASE NUMBER BO 8 2 5 103 2 69, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED 82 0 1 METAL POST APPLICANT BEING JK AND FRANCE GUIDANCE LLC BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH ONE ONE, UH, ONE ZERO D WHEN WE REVOKING THE SHORT TERM PERMIT RENTAL AND A MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER ZUNA. 
          COMMISSIONER BEEZ. 
          UM, WELL I DON'T, YOU KNOW, I'M GONNA BE IN FAVOR OF THIS. 
          UH, I DON'T THINK THE CITY MADE AN ERROR. 
          I THINK, I THINK THE CITY DID EVERYTHING RIGHT. 
          UM, MAINLY I'M GONNA BE IN FAVOR BECAUSE THERE'S NO OTHER PENDING, UM, STR PERMITS. 
          HE IS THE ONLY ONE ON THE BLOCK. 
          I THINK HE HAD SOME ISSUES WITH THE TENANT, YOU KNOW, AND THAT CAN BE TROUBLESOME. 
          I THINK YOU LEARNED A LESSON HERE WITH SUBLETTING AND, AND HOW THAT WORKS. 
          BUT YOU KNOW, YOU'RE WILLING TO TAKE RESPONSIBILITY, PAY INTEREST, PAY THE FEES, PAY TAXES GOING FORWARD, RUN IT THE RIGHT WAY. 
          SO THAT'S WHY I'LL BE IN FAVOR. 
          THANK YOU COMMISSIONER Z? YES. 
          WHILE I DO NOT BELIEVE THAT THE CITY STAFF MADE AN ERROR, I DO SUPPORT THE VARIANCE AS READ. 
          UM, THE, THE OWNER, UM, DID THE RIGHT THING. 
          HE P PAID THE PENALTIES. 
          WE DON'T HAVE ANY, UH, COMPLAINTS ON THE OPERATION OF THE SHORT-TERM RENTAL. 
          UH, THERE'S NO OTHER OPPOSITION AGAINST IT. 
          UM, YOU KNOW, SHORT-TERM RENTALS, THEY DO PAY TAXES AND THIS IS A, A PROPERTY THAT HE'LL NEED TO RECONCILE THE EXACT AMOUNT OF TAXES THAT 
          [00:25:01]
ARE OWNED TO THE CITY AND THE CITY WILL WORK WITH HIM TO, TO GET THAT NUMBER. 
          BUT I, I WILL BE SUPPORT OF THE, UH, VARIANCES READ. 
          THANK YOU. 
          ANYONE ELSE LIKE TO ADD? UH, I JUST WANTED TO STATE I'LL ALSO BE IN SUPPORT. 
          WHILE THE CITY DID NOT MAKE AN ERROR, I THINK THAT, UH, HEARING THAT THE APPLICANT MADE GOOD ON HIS PENALTY AND IS WILLING TO, UH, FIGURE OUT WHAT HE MAY OR MAY NOT OWE FOR THOSE TWO MONTHS IS, UH, GOOD ENOUGH FOR ME AT THIS TIME. 
          SO LET'S HAVE A ROLL CALL VOTE PLEASE. 
          COMMISSIONER BOEZ? YES, I CONCUR. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER BANEZ? I CONCUR. 
          COMMISSIONER DEAN? NO, I DO NOT CONCUR. 
          COMMISSIONER CRUZ? I CONCUR. 
          COMMISSIONER MANNA. 
          I DO NOT CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER BRAGMAN? I CONCUR. 
          COMMISSIONER BENAVIDES? I CONCUR. 
          COMMISSIONER VASQUEZ? I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT. 
          MOTION PASSES NINE TO TWO. 
          UM, PLEASE BE CAREFUL. 
          THANK YOU SIR. 
          THANK YOU. 
          ITEM TWO. 
          GOOD AFTERNOON. 
          MY NAME IS JOSEPH LAO, SENIOR PLANNER WITH DEVELOPMENT SERVICES. 
          ITEM NUMBER TWO IS BO OA DASH 26 DASH OH THREE SEVEN AT 2 1 1 0 CHIT TRAIL DRIVE IN COUNCIL DISTRICT NINE. 
          THE APPLICANT IS JEFF BRYSON AND THE APPLICANT IS, UM, REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THEIR PERMIT, UH, TO TYPE TWO PERMIT. 
          AND THE ZONING IS R FIVE FOR RESIDENTIAL SINGLE FAMILY. 
          UM, SO THIS CASE IT WAS CONTINUED, UH, FROM THE MOST RECENT HEARING, UM, DUE TO UM, HAVING ONLY NINE MEMBERS OF UM, COMMISSIONERS. 
          UM, SO THIS IS THE NOTIFICATION PLAN. 
          WE MOD OUT THREE NINE NOTICES RECEIVED ZERO IN FAVOR, ZERO OPPOSITION. 
          UM, THE SUCH A PROPERTY IS NOT WITHIN A NEIGHBORHOOD ASSOCIATION AND THEN THE CITYWIDE GROUPS SHOULD NOTIFIED WITH NO RESPONSE. 
          UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT'S PRESENT. 
          AND THERE'S NO OTHER, NO OTHER SDRS IN THE BLOCK FACE, CORRECT? THERE'S NO OTHER, UM, SHORT TERM RENTALS IN THE BLOCK FACE. 
          OH WAIT, I'M SO SORRY. 
          THERE'S ONE, THERE IS ONE AT 2002 CHIT TRAIL, UH, BUT THIS BLOCK FACE DOES ALLOW FOR TWO PERMITS. 
          OKAY. 
          IT CAN HAVE UP TO TWO, CORRECT? YES SIR. 
          AND IS THIS, DOES THE APPLICANT OWE ANY MONEY OR DOCUMENTATION AT THIS TIME? UH, THE APPLICANT IS CURRENT ON THEIR HOFF TAXES. 
          ALRIGHT, THANK YOU. 
          IS THAT THE APPLICANT? COME FORWARD. 
          GOOD AFTERNOON. 
          GOOD AFTERNOON, SIR. 
          UH, PLEASE STATE YOUR NAME, TELL US ABOUT USDR. 
          UH, MY NAME IS JEFF BRYSON. 
          I CAME, UM, A COUPLE WEEKS AGO AND THANK YOU FOR THE PEOPLE WHO SAID OR AGREED WITH ME. 
          UM, FOR, FOR THE PEOPLE WHO DID NOT, I STARTED THINKING ABOUT WHY MAYBE THEY DID NOT. 
          MAYBE IT SOUNDS LIKE YOU'RE TOO MUCH OF A STORY. 
          I HAD MY MAILBOX BROKEN INTO SEVERAL TIMES. 
          DIDN'T HAVE MY EMAIL. 
          MY IDENTITY WAS STOLEN. 
          SO I WENT BACK AND I STARTED TALKING TO MY WIFE AND SHE SAID, WHY DON'T YOU LOOK AND SEE IF YOU CAN FIND SOMETHING. 
          SO I GOT DOCUMENTATION THAT I'M, I'M SUPPOSED TO, I GUESS, HAND OUT HERE TO Y'ALL AND, AND HIS PICTURES. 
          WHO DO I HAND THESE TO? UH, GIVE THEM TO STAFF. 
          YOU CAN GIVE 'EM TO STAFF, RIGHT. 
          UH, TO YOUR RIGHT. 
          AND, AND IF THERE'S ANYTHING THAT YOU NEED PROJECTED, THEY CAN ALSO DO THAT. 
          THERE'S A LITTLE CAMERA. 
          YEAH, THEY ASKED ME ABOUT A POWERPOINT INSTEAD OF MY AGE. 
          I MEAN . 
          UM, DO I NEED THE RECAP? UH, THERE ARE SOME MEMBERS HERE THAT WERE NOT PRESENT. 
          OKAY. 
          BUT, UM, FEEL FREE TO MAKE IT AS ABBREVIATED OR AS LONG AS YOU NEED. 
          I'LL TRY TO ABBREVIATE IT. 
          UM, SO AIRBNB TELLS US THAT OUR HOT, OUR HO HOTEL TAXES ARE ACTUALLY COLLECTED BY THEM. 
          AND I'VE GOT TWO OTHER PROPERTIES IN PUERTO RICO THAT WE'VE NEVER HAD AN ISSUE WITH. 
          UM, MY DAUGHTER IS VERY PROUDLY OF HERS. 
          SHE'S A 10% OWNER IN, IN MY AIRBNB. 
          AND, UM, SHE REACHED OUT TO ME AND TOLD ME THAT THERE WAS A PROBLEM. 
          AND I SAID, NO, NO. 
          I SAID, I'VE ALREADY CALLED DOWN TO THE, BECAUSE I CALLED DOWN TO CODE COMPLIANCE AND SOMEBODY ANSWERED THE PHONE. 
          THEY SAID, NO, AS LONG AS YOUR HOTEL TAXES ARE PAID, YOU'RE FINE. 
          SO I ASSUME, YEAH, THEY'RE FINE. 
          I CALLED AIRBNB. 
          THEY DON'T REALLY JUMP THROUGH ANY HOOPS TO TRY TO TELL YOU THAT HEY, THERE'S ANOTHER TAX THAT YOU HAVE TO PAY. 
          AND WE'RE NOT TRYING TO ESCAPE PAYING THAT. 
          IT WAS JUST SOMETHING WE WEREN'T AWARE OF. 
          SO WHEN I CALLED DOWN HERE, I GOT ERRONEOUS INFORMATION ON THE PHONE ALSO TO TELL ME THAT THAT'S, YOU KNOW, THAT THAT'S NOT THE CASE. 
          UM, SO LEMME JUST GO THROUGH THESE PICTURES SO IT MAKES SOME SENSE TO Y'ALL. 
          SO I WAS TALKING ABOUT THE, MY IDENTITY GOT STOLEN. 
          THAT IS THE GENTLEMAN, YOU, I CAN SHOW YOU MY DRIVER'S LICENSE EXACTLY THE SAME EXCEPT IT'S HIS PICTURE. 
          AND HE, AND HE MISSPELLED MY FIRST NAME. 
          HE BOUGHT A MOTORCYCLE IN MY NAME. 
          UM, I WENT THROUGH MY COMPUTER, I TOOK IT TO A GUY, UH, ON 35. 
          HE SAID, MR. BRYSON, HE GOES, WE'VE CLEARED THIS THING. 
          I, I DON'T KNOW THE WORD TROJAN SOMETHING. 
          [00:30:01]
HE SAID, YOU REALLY NEED TO JUST GET RID OF YOUR COMPUTER. 
          YOU NEED TO GET RID OF THAT EMAIL FOR NOW. 
          DON'T USE IT 'CAUSE WE DON'T KNOW HOW THEY'VE ACCESSED YOUR INFORMATION. 
          AND I DON'T EITHER BECAUSE THEY HAD MY SOCIAL SECURITY, THEY HAVE A DRIVER'S LICENSE, WHICH I HAVE MY DRIVER'S LICENSE. 
          SO I DON'T KNOW HOW THEY DID THAT, BUT IT'S COST ME A LOT OF MONEY. 
          IT, IT TOOK A LONG TIME TO GET MY CREDIT, EVEN JUST REESTABLISHED. 
          THE SECOND PICTURE IS THE PICTURE OF THE BACK OF THE MAILBOX. 
          AND YOU CAN SEE I'M THE PERSON WHO ACTUALLY PUT THE TAPE ON THERE BECAUSE IT KEPT GETTING OPEN SO MANY TIMES. 
          THE BOTTOM YOU CAN SEE IS PUSHED IN THE TOP. 
          YOU CAN SEE WHERE IT'S BEEN PRIED OPEN BECAUSE I WAS EXPLAINING THAT I DIDN'T GET THE MAIL. 
          I DIDN'T HAVE THAT, THAT, THAT, THAT PART. 
          THE THIRD PAGE, YOU CAN SEE ON THE 20TH, I WAS ALREADY DOWNTOWN AND I WAS ACTUALLY AT THE FINANCE DEPARTMENT'S OFFICE. 
          I REACHED OUT TODAY AGAIN, I CALLED 'EM SEVEN TIMES. 
          I COULDN'T GET THROUGH, BUT I WAS TRYING TO GET THE LADY'S NAME I SPOKE WITH. 
          UM, BUT I WAS ACTUALLY DOWN THERE AND SHE SAID, WELL, WE DON'T ACTUALLY HANDLE THIS. 
          YOU NEED TO GO DOWN TO CODE COMPLIANCE, BUT LET ME SEE IF I CAN EXPLAIN IT TO YOU. 
          SO SHE SAID THERE WAS ZERO TAXES PAID. 
          I SAID THAT IT'S NOT POSSIBLE. 
          I'VE GOT THE, I'VE GOT THE RECORD SHOWING THAT IT'S BEEN PAID. 
          AND SHE SAID, WE'VE HAD THIS PROBLEM. 
          THIS IS NOT THE CITY TAXES. 
          THOSE ARE ALL PAID. 
          IT'S YOUR COUNTY TAXES THAT ARE SEPARATE THAT YOU HAVE TO COLLECT, WHICH POSED A NEW PROBLEM. 
          'CAUSE I DON'T KNOW HOW WE WOULD COLLECT THEM. 
          WE'VE SINCE RESOLVED THAT WITH AIRBNB AND VRBO. 
          BUT ON THAT PAGE YOU CAN SEE, UH, BECAUSE I SAID I DIDN'T HAVE ACCESS TO MY EMAIL, I WAS ACTUALLY KIND OF GLAD I WENT BACK. 
          SO I'M SORRY IT'S ON THE NEXT PAGE, BUT YOU CAN JUST SEE THE TIMELINE. 
          OH MAN, IT DOESN'T SHOW ON HERE. 
          PROBABLY WANT TO GO HAVE THE ORIGINAL. 
          IT SHOWS JANUARY 20TH ON THE TOP OF THE ORIGINAL, JUST IT'S BLACKED OUT I GUESS ON THE COPY, BUT SOMEBODY HAS THE ORIGINAL. 
          UM, BUT ON THE, BUT ON THE SECOND PAGE, YOU CAN SEE WHERE I SAY, I SAID FORWARD THE LIST FROM, FROM THEM. 
          AND SHE, I SAID FROM THEM, THEY SENT IT TO RYSON ATT.NET AND I IMMEDIATELY PUT, I DON'T HAVE ACCESS RIGHT NOW, SO I'M NOT SURE WHO GOT THE ORIGINAL APPEAR. 
          BUT ON THERE, IT'S ON THE TOP IT SAYS JANUARY 20TH. 
          AND I PUT THE, I OPENED UP ALL THE TIMESTAMPS ON ALL THE COMMENTS SO YOU COULD SEE. 
          AND THEN THE LAST ONE IS JUST TO SHOW, YOU KNOW, YOU CAN SEE IN THAT CONVERSATION I WAS ALREADY DOWNTOWN TALKING WITH SOMEBODY TRYING TO RESOLVE THIS. 
          AND THE LAST ONE IS WHERE YOU CAN SEE I TOOK AN UBER FROM THERE TO HERE AND UPDATED MY EMAIL ADDRESS AND ASKED WHAT I NEEDED TO DO. 
          AND THAT'S HOW WE GOT TO THIS HEARING. 
          OKAY. 
          DID, DID YOU HAVE YOU ALREADY CHANGED YOUR EMAIL, UH, WITH THE CITY? AND I DID. 
          THAT DID, OKAY. 
          ALL RIGHT. 
          ANY COMMISSIONER QUESTIONS? OKAY. 
          AND THIS IS YOUR ONLY STR IN CITY IN SAN ANTONIO? YES. 
          AND ONE OTHER THING, I HAVE NOT HAD ANY COMPLAINTS. 
          I WORK REALLY WELL WITH MY NEIGHBORS. 
          I CONSTANTLY CHECK WITH 'EM TO MAKE SURE THAT MY, MY TENANTS ARE NOT CAUSING ANY PROBLEMS. AND THE NEXT DOOR NEIGHBOR ACTUALLY, HE, HE'S A LITTLE MENTALLY IMPAIRED, BUT I PAY HIM TO TAKE CARE OF MY YARD AND MY PROPERTY TO HELP HIM OUT TOO. 
          BUT WE HAVEN'T HAD ZERO COMPLAINTS AGAINST THE PROPERTY. 
          THANK YOU. 
          UH, IS THERE ANY VOICEMAILS OR, AND I APOLOGIZE IF KEEP ASKING THIS 'CAUSE I, I ONLY WROTE DOWN A HANDFUL OF THE ONES YOU TOLD ME ABOUT EARLIER, BUT, UH, VOICEMAILS THERE ANYONE SUN TO SPEAK? NO PUBLIC COMMENT. 
          LAST CHANCE FOR QUESTIONS. 
          LOOKING FOR A MOTION. 
          BRAGMAN COMMISSIONER, COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 26 DASH THREE SEVEN A MOVE THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 2 1 1 0 TDO TRAIL. 
          APPLICANT BEING JEFF BRYSON BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH D WHEN REVOKING THE SHORT TERM RENTAL PERMIT. 
          END OF MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER MANOCK. 
          COMMISSIONER BRAGMAN. 
          UH, WELL I DON'T THINK THAT THE, UH, CITY MADE AN ERROR. 
          UM, I DO, UH, SUPPORT THE APPEAL, UM, BECAUSE IT'S OBVIOUSLY A LOT OF ISSUES HAS HAPPENED THAT WERE OUT OF HIS CONTROL, BUT HE IS NOW UP TO DATE ON HIS HOT TAXES. 
          SO, UM, I WILL BE IN SUPPORT OF THE APPEAL. 
          THANK YOU. 
          COMMISSIONER MANNA. 
          I CONCUR WITH MY COLLEAGUE. 
          ANYONE ELSE LIKE TO ADD THIS? A ROLL CALL VOTE PLEASE. 
          COMMISSIONER BREGMAN. 
          I CONCUR. 
          COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER RE BONIS? I CONCUR. 
          COMMISSIONER DEAN? NO, I DO NOT CONCUR. 
          COMMISSIONER CRUZ? I CONCUR. 
          COMMISSIONER BENAVIDES? I CONCUR. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER EZ? YES, I CONCUR. 
          COMMISSIONER VASQUEZ, I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT. 
          MOTION PASSES 10 TO ONE. 
          UH, PLEASE BE CAREFUL. 
          THANK YOU. 
          AND Y'ALL WILL NOT SEE ME AGAIN. 
          ? YES SIR. 
          SO HAVE A GREAT DAY. 
          UH, ITEM THREE. 
          GOOD AFTERNOON. 
          MY NAME IS JUAN ALVAREZ, PLANNER WITH DEVELOPMENT SERVICES. 
          ITEM NUMBER THREE IS REQUESTED BY DAMIEN NORRIS AND IS REQUESTING AN APPEAL 
          [00:35:01]
OF THE ADMINISTRATOR'S DECISION TO REVOKE THE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HAW COLLECTION LOCATED AT 5 5 5 15 BELMONT STREET. 
          THE SUBJECT PROPERTY IS LOCATED AT FIVE 15 BELMONT STREET. 
          SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY AS OF MARCH 10TH, 2025. 
          PLATFORMS THAT DIRECTLY REMIT STATE HOT. 
          ALSO NOW DIRECTLY REMIT CITY HOT TO THE CITY'S FINANCE DEPARTMENT. 
          ALL STR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEXAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS. 
          UH, 10 NOTICE NOTICES OF DELINQUENCY WERE MAILED BY AVENUE FROM AUGUST, 2024 THROUGH JULY, 2025. 
          AND A FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON JANUARY 5TH, 2026. 
          NO PAYMENT WAS MADE WITHIN 90 DAYS AND ONLY PARTIAL PAYMENT WAS MADE AFTER RECEIVING THE FINAL NOTICE OF DELINQUENCY ON JANUARY 5TH. 
          THEREFORE, THE PERMIT WAS REVOKED ON JANUARY 20TH, 2026. 
          THERE IS A TOTAL OF 12 UNITS ON THE BLOCK. 
          PHASE ONE ACTIVE TYPE TWO BEING ON FIVE 11 BELMONT STREET ISSUED ON APRIL 5TH, 2023. 
          THE SUBJECT PROPERTY DOES NOT HAVE ANY CODE VIOLATIONS. 
          THE SUBJECT PROPERTY DOES NOT HAVE ANY ACTIVE LISTINGS AS OF TODAY. 
          AND THE PERMIT WAS ORIGINALLY APPROVED ON APRIL 7TH, 2021, BUT IT WAS REVOKED ON JANUARY 20TH DUE TO HOT DELINQUENCY. 
          THIS IS THE COMMUNICATION THAT WAS SENT TO THE APPLICANT FROM AVENUE. 
          THIS IS THE SITE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. 
          THIS IS THE SUBJECT PROPERTY AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. 
          STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL AND A TOTAL OF 42 MILE NOTICES. 
          ZERO IN FAVOR, ZERO IN OPPOSITION. 
          NO RESPONSE FROM, FROM JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION AND SIX CITYWIDE GROUPS ARE NOTIFIED WITH NO RESPONSE. 
          THIS CONCLUDES THAT PRESENTATION. 
          APPLICANT IS HERE TO ANSWER ANY QUESTIONS. 
          YES. 
          UM, QUICK QUESTION, OF THE TWO APPLICATIONS THAT ARE ON THE BLOCK, WAS THIS THE ORIGINAL ONE OR IS THIS THE SECOND ONE? UM, THIS IS THE ORIGINAL. 
          OKAY. 
          ALL RIGHT. 
          UH, COMMISSIONER QUESTIONS FOR STAFF? HEARING NONE HAVE THE APPLICANT COME FORWARD. 
          THANK YOU. 
          MM-HMM . 
          HI. 
          PLEASE STATE YOUR NAME. 
          TELL US ABOUT YOUR SDR. 
          DAMIEN. 
          NORRIS. 
          SORRY. 
          . 
          ALRIGHT. 
          UH, YES. 
          SO, UM, AS YOU'VE SEEN BY THE DATE, UH, I'VE HAD IT FOR QUITE A LONG TIME. 
          I DO A LOT OF UPKEEP IN THE NEIGHBORHOOD. 
          I TAKE CARE OF THAT. 
          NEIGHBORHOOD'S PRETTY RUN DOWN. 
          UM, ALL THE NEIGHBORS I USUALLY WATCH OVER THEIR HOUSES. 
          IT DEFINITELY WAS A DROP BALL BECAUSE I'VE BEEN TOLD SEVERAL TIMES BY AIRBNB THAT TAXES ARE ALREADY COVERED. 
          I SHOULDN'T, I SHOULDN'T BE PAYING TAXES. 
          AND I EVEN RECEIVED DOCUMENTATION THAT THEY'RE GONNA GO, BASICALLY THAT THEY'RE GONNA START TAKING OVER THE TAXES SIX MONTHS IN OF THE DELINQUENCY. 
          THEY SAID IT WAS NOT APPROVED AND YOU NEED TO GO BACK TO THE WAY THAT YOU WERE PAYING THE TAXES. 
          AND I'VE HAD LIKE VOICE CALLS WITH THEM STATING THAT YOU NEED TO PAY THE TAXES, UM, AND GO BACK TO THE WAY YOU WERE. 
          SO AS SOON AS I PAID ALL MY TAXES, MY DROP BALL WAS JANUARY. 
          I PAID ALL, ALL THE WAY UP TO THE YEAR TO BE CURRENT AND JANUARY WAS THE ONE MONTH THAT I MISSED AND I THOUGHT I ALREADY HAD PAID. 
          OKAY. 
          MM-HMM . 
          WHAT ABOUT YOUR, UM, FILINGS, UH, YOUR MONTHLY FILINGS OF, OF HOW MANY STAYS? UH, I DIDN'T, I DON'T EVEN KNOW HOW TO DO THAT. 
          I JUST GO BY THE AMOUNT THAT I MAKE FOR THE MONTH. 
          OKAY. 
          STEPH, UM, MAYBE I'M JUST USING THE WRONG UH, ADJECTIVE HERE, BUT IS UH, HAS THIS APPLICANT DONE HIS METH REPORTING? I CAN GET MY COMPUTER AND SHOW, AND I BELIEVE I SUBMITTED IN THE UPTODATE AS OF TODAY, IT, IT IS SHOWING THAT THE APPLICANT IS CURRENT ON THEIR TAXES. 
          OKAY. 
          OKAY. 
          YES. 
          YEAH, IT WAS A DROP BALL BECAUSE I'VE, SEVERAL TIMES THAT I'VE CALLED, I'VE ACTUALLY CALLED, UH, AVENUE AND REQUESTED A FOLLOW UP CALL. 
          I HAVE NOT RECEIVED ANYTHING TO BE ABLE TO EVEN GET A PHONE CALL BACK. 
          AND I DIDN'T KNOW THERE WAS GONNA BE A DISCONNECT FROM THE COUNTY AND THE CITY TAXES BECAUSE AIRBNB IS COACHING OR TELLING US NOT TO MAKE THE PAY TAXES AT ALL. 
          WHAT I WAS TRYING TO ASK IS, UH, SO THERE'S MONEY THAT'S OWED, BUT ISN'T THERE ALSO A MONTHLY REPORTING? NOT NECESSARILY THE PAYMENT, BUT A REPORTING IS THAT HE'S COMPLETING THE REPORTING. 
          OKAY. 
          OKAY. 
          ALRIGHT. 
          ANY QUESTIONS FROM THE COMMISSION? COMMISSIONER BEEZ BONUS. 
          SO SO YOU JUST MISSED A REPORTING IN JANUARY. 
          YOU JUST BASICALLY, I, I ACTUALLY THOUGHT I DID JANUARY'S AND I JUST DID THE BULK AMOUNT AND I ACTUALLY, WHEN I CAME DOWN HERE, I DIDN'T KNOW THAT I HAD MISSED JANUARY AND I WAS 
          [00:40:01]
LIKE FREAKING OUT ABOUT IT. 
          'CAUSE I'VE BEEN DOING, I'VE BEEN DOING THIS FOR ALMOST FIVE YEARS. 
          STAFF, I, I I KIND OF LOOKS LIKE I CUT Y'ALL OFF. 
          DIDN'T PLEASE CONTINUE IF, IF YOU WEREN'T DONE WITH YOUR STATEMENTS. 
          OKAY. 
          SO HE PAID FOR THE MONTHS OF, UM, IN 2024. 
          OKAY. 
          OKAY. 
          FROM THE, FROM MARCH, 2024. 
          HE PAID IT ON IN 25. 
          SO HE'S LATE FOR A WHOLE YEAR. 
          AND THEN IN JANUARY OF 2025 FOR THAT PERIOD UNTIL DECEMBER, 2025, HE PAID IT THE 26TH, UM, JANUARY 26TH. 
          OKAY. 
          HE'S COVERED AS OF, BUT HE'S COVERED AS OF RIGHT NOW. 
          OKAY. 
          SO WERE THE APPROPRIATE REPORTS FILED AS WELL? THE APPROPRIATE REPORTS ARE ROUTINELY FILED, EXTREMELY LATE. 
          IS HE CURRENT NOW? HE IS CURRENT NOW. 
          OKAY. 
          COMMISSIONER AMANDA. 
          SO WITH REGARDS TO BEING CURRENT, SO THERE WAS ONE FILED FOR JANUARY, ONE FOR FEBRUARY? YES. 
          AT LEAST TWO. 
          HIS LAST PAYMENT WAS FOR THE PERIOD OF DECEMBER, 2025. 
          SO, SO, SO THEREFORE A REPORT WAS NOT FILED IN JANUARY NOR FEBRUARY. 
          YEAH, WE NEED TO, WE NEED TO TURN STAFF'S, UH, MICROPHONE UP A LITTLE. 
          WE'RE GETTING A LITTLE TOUGH TO HEAR SOMETIMES. 
          I HAVE DOCUMENTATION TO SHOW YOU GUYS THAT I'M CURRENT. 
          I HAVE THE, I KNOW THAT WELL THERE'S, SO THERE'S TWO THINGS GOING ON. 
          SO ONE IS CURRENT FOR FINANCIALS AND THE SECOND IS REPORTING. 
          REGARDLESS IF IT'S ZERO OR NOT, YOU HAVE TO, YOU HAVE TO FILE A REPORT EVERY MONTH. 
          OH, I DIDN'T EVEN KNOW THAT. 
          I DIDN'T EVEN KNOW WHAT, SO THAT'S PART OF THE DIALOGUE THAT WE'RE, WE'RE, WE'RE KIND OF WALKING THROUGH RIGHT NOW. 
          OH, OKAY. 
          OKAY. 
          HERE, JUST FOR CLARIFICATION. 
          YES. 
          WHEN, UM, AIRBNB, UM, OPERATORS ARE FILING, THEY FILE, ACCORDING TO THE BALANCE THAT AIRBNB GIVES, THEY DO NOT FILE THE NUMBER OF GUESTS THAT HAVE STAYED THERE. 
          THEY DO NOT FILE ANY OF THAT INFORMATION OTHER THAN THE BALANCE FOR THAT MONTH OF WHAT THEY MADE. 
          MM-HMM  FROM THERE, THEY PAY THE CITY TAX OR THE HOT TAX MM-HMM . 
          AND THEY PAY THE TAX TO THE COUNTY. 
          WHAT WE'RE HEARING FROM A LOT OF OUR APPLICANTS BECAUSE OF THE CHANGE AND, AND EVEN THOUGH THE CITY IS SENDING OUT INFORMATION STATING, HEY, YOU, YOU NEED TO STILL GO IN AND MARK, DO YOUR APP, DO YOUR FORM OF HOW, HOW MUCH YOU MADE AND IF YOU DIDN'T MAKE ANYTHING, YOU STILL HAVE TO GO IN AND PUT A ZERO, NOT ONLY TO THE CITY, BUT TO THE COUNTY AS WELL. 
          SO I THINK THAT THERE'S, UH, WE'VE, WE'RE SEEING A CONTINUED PATTERN HERE OF PEOPLE BEING HEARING FROM AIRBNB, HEY, WE'RE PAYING YOUR TAXES AND THEY'RE ASSUMING THAT ALL, BOTH TAXES ARE BEING PAID. 
          AND SO I JUST WANTED TO CLARIFY THAT BECAUSE WE, WE'VE BEEN SEEING A LOT OF CASES LIKE THIS WHERE, UH, I THINK THERE IS A A, A VERY MIS BIG MISCONCEPTION AND, AND I DON'T KNOW IF IT'S TOTALLY THE FAULT OF THE OPERATOR, BUT I THINK THAT MAYBE AIRBNB IS GIVING OUT THE WRONG INFORMATION OR THE OPERATOR IS JUST MISREADING IT. 
          UH, BUT I JUST WANTED TO CLARIFY ALSO THAT, AND I, I, I'D I'D LIKE A CLARIFICATION. 
          SO IT'S TODAY IF YOU'RE AIR, IF YOU HAVE A UM, AN STR IN THE CITY LIMITS IS, DO YOU HAVE TO DO ANYTHING SEPARATE WITH THE COUNTY AS OF RIGHT NOW? AS OF TODAY, YES. 
          YOU'RE RESPONSIBLE TO REPORT YOUR REVENUE TO AVENUE EVERY MONTH AS WELL AS PAY FOR COUNTY HOT TAXES THROUGH AVENUE EVERY MONTH THROUGH AVENUE. 
          CORRECT. 
          SO IT'S ONE, IT'S ONE PORTAL, CORRECT. 
          FOR BOTH. 
          OKAY. 
          IT'S THE SAME PORTAL PRIOR TO AND THE PLATFORMS FOR REMITTING ON BEHALF OF THE APP, IT'S BEEN THE SAME PORTAL SINCE JUNE, 2023. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          MANNA COMMISSIONER MANNA. 
          SO MAYBE IT'S CLARIFICATION ON THAT, ON THAT, I GUESS ON THAT WORKFLOW THEN. 
          AND SO, SO UM, WE, YOU KNOW, WE DO, AND I DO AGREE THAT WE ARE SEEING A LOT OF THINGS WITH REGARDS TO THE COUNTY PORTION. 
          AND SO WHEN IT IS THAT THEY GO INTO AVENUE AND THEY FILL OUT THE FORM, THERE'S A LINE ITEM THAT SAYS, UM, UM, HOW MUCH WAS COLLECTED BY UM, AIRBNB THAT SAYS HERE'S YOUR TAX AMOUNT FOR THERE AND THEN HERE'S THE AMOUNT THAT NEEDS TO BE GOING INTO THE STATE, UH, OR FOR THE COUNTY TAXES OR YOU KNOW, SO ARE BOTH THOSE ACCOUNTED FOR IN THAT FORM AS WELL? YEAH, SO WHEN YOU, AND ON AVENUE TODAY, IF YOU LOG INTO YOUR TAXPAYER ID ACCOUNT, THEY ASK A QUESTION, DO YOU LIST ON AIRBNB AND VRBO? IF YOU SELECT YES, THAT'S AVENUE KNOWS THAT YOU ONLY ARE RESPONSIBLE FOR PAYING THE COUNTY 
          [00:45:01]
HOT TAXES. 
          IF YOU ANSWERED NO, THEN THAT'S WHEN THEY KNOW YOU REPORT FOR BOTH CITY AND COUNTY HOT TAXES AND IT DOES THE MATH FOR YOU. 
          AGAIN, THE OWNER OR OPERATOR ENTERS IN THE REVENUE AT THEIR DISCRETION AND THEN AVENUE THEN CALCULATES HOW MUCH TAXES THAT OWNER OPERATORS BASED ON WHAT THEY ENTERED AS THEIR REVENUE. 
          JUST BECAUSE I SAW SOME CONFUSION AS THAT WAS BEING EXPLAINED, THERE ARE TWO PLATFORMS THAT COLLECT CITY HOTEL OCCUPANCY TAX FOR YOU. 
          FORTUNATELY IT'S THE TWO BIGGEST PLATFORMS, AIRBNB AND VRBO, THOSE TWO WEBSITES ACCOUNT FOR ALMOST 93% OF LISTINGS IN SAN ANTONIO. 
          SO 93% OF OPERATORS HAVE THEIR CITY TAX REMITTED TO THE CITY BY THE PLATFORM THAT THEY RENT ON. 
          IT HAS ALWAYS BEEN THE CASE BACK TO 2018 WHEN WE FIRST LAUNCHED THE ORDINANCE THAT YOU HAVE TO REPORT TO THE CITY HOW MUCH MONEY YOU MAKE ON A MONTHLY BASIS. 
          AND IT HAS ALWAYS BEEN THE CASE THAT BASED UPON WHAT YOU REPORT, THE SYSTEM CALCULATES WHAT YOU OWE THE COUNTY. 
          NO PLATFORM COLLECTS THE TAX FOR THE COUNTY. 
          IF YOU ARE ONE OF THE 7% OF LISTINGS THAT ARE NOT ON AIRBNB OR VRBO, THEN YOU ON A MONTHLY BASIS REPORT TO THE CITY HOW MUCH YOU EARN AND MANUALLY PAY THE CITY AND THE COUNTY TAX. 
          SO IF SOMEBODY, IF AN APPLICANT WHO'S ON VRBO, UM, IF VRBO IS SENDING THE TAX THAT THEY COLLECT TO THE CITY, IS THERE EVER, IS IT EVER OFF? AND, AND, AND HAVING THAT, DOES THAT EVER CAUSE AN ISSUE? LIKE IF IT'S OFF BY A DOLLAR OR SOMETHING? I'M JUST TRYING TO FIGURE OUT IF SOMEBODY'S, IF ANYBODY GETS A CALCULATION WRONG IF THAT HAPPENED, THE, THE CITY ON A MONTHLY BASIS RECEIVES ONE LUMP SUM PAYMENT FROM EACH OF THOSE TWO OPERATORS FOR ALL OF THE TAXES COLLECTED CITYWIDE. 
          SO BANA, SO THE OPERATOR, IT'S THE OPERATOR'S RESPONSIBILITY TO GO TO THAT PLATFORM, GET THE BALANCE FOR THAT MONTH, THEN GO TO THE CITY'S PLATFORM, OPEN IT UP, PUT THAT NUMBER IN, AND THEN DOES THE CALCULATIONS. 
          EVEN THOUGH THAT THE C THE PLATFORM IS PAYING THE TAXES TO THE CITY, THAT OPERATOR MUST STILL PUT THAT NUMBER IN AND THEY AUDIT TO MAKE SURE THAT THOSE NUMBERS MATCH IT. 
          SO IF I'M AN OPERATOR AND I DON'T WANNA TELL THE CITY HOW MUCH I GOT, THEY'RE GONNA FIND OUT HOW MUCH I I RECEIVED. 
          WELL, AND, AND AND, AND THEY'RE AUDITED QUITE REGULARLY FOR THAT. 
          SO IF ANYBODY IS POCKETING MONEY THAT THEY DIDN'T WANNA PAY ON, THEY'RE GONNA BE FOUND OUT ABOUT IT. 
          WELL, AND AND TO BE CLEAR, THE REASON THAT THE CITY SHIFTED TO THAT MODEL AND WE WANTED TO DO IT FOR COUNTY TAX, BUT WE WEREN'T ABLE TO GET IT DONE. 
          BUT THE REASON WE SHIFTED TO THAT MODEL IS BECAUSE WE KNEW THAT ACROSS THE CITY WE WERE NOT COLLECTING THE AMOUNT OF MONEY THAT SHOULD BE COLLECTED. 
          AND WHEN THAT MODEL LAUNCHED, WE WENT FROM COLLECTING A HUNDRED THOUSAND DOLLARS A MONTH IN HOTEL OCCUPANCY TAX TO A MILLION DOLLARS A MONTH. 
          WE WERE, WE WERE RECEIVING 10% OF WHAT WAS OWED TO THE CITY. 
          GEEZ. 
          COMMISSIONER MANON. 
          SO, SO JUST FOLLOWING UP, 'CAUSE YOU KNOW, JUST GOING THROUGH THE WORKFLOW HERE. 
          SO, SO THE, UM, THE OWNER HAS TO PUT INTO, UM, INTO THE SYSTEM AVENUE WHAT IT WAS THAT THEY COLLECTED FOR THAT MONTH, UM, FROM, UH, THAT WAS, THAT WAS AUTOMATICALLY COLLECTED BY VRBO OR WHOEVER. 
          SO THAT LINE ITEM APPEARS THEY MARKED THAT THEY RECEIVED THAT AMOUNT AND SO THAT AMOUNT APPEARS WHEN THEY FILL OUT THE FORM THAT IT WAS BASICALLY AIR AIRBNB AND SO MUCH TOOK SO MUCH TAX AND THEN, AND THEN IT GETS ZEROED OUT BECAUSE IT WAS PAID BY THE OTHER GROUP AND THEN WE CALCULATE THE TAX THAT THE, THE ACCOUNTING TAX FROM THAT. 
          SO, SO DO THEY HAVE TO PUT IN THAT AMOUNT? I GUESS I'M JUST TRYING TO, YOU, YOU HAVE TO MANUALLY ENTER THE REVENUE, HOW MUCH MONEY YOU EARNED, AND BASED UPON WHAT YOU TYPE INTO THAT BOX, IT CALCULATES WHAT YOU OWE THE COUNTY. 
          SO, SO I GUESS I'M COMING BACK THEN. 
          SO WHAT IS IT THAT WAS MISSED THEN? SO IS IT THAT THE FORMS WEREN'T FILLED OUT WHEN YOU'RE FILLING OUT THE TAXES OR, YOU KNOW, I'M TRYING TO FIGURE OUT WHAT THE DISCONNECT HERE WITH REGARDS TO THE COUNTY. 
          'CAUSE IT SAYS, YOU KNOW, ON THE FORM THERE HAVE TO PUT IN THAT NUMBER AND IF THEY DON'T PUT IN THE NUMBER OR IF THEY PUT A NUMBER IN, IT SHOULD COME BACK THAT A TAX IS DUE. 
          AND SO I'M TRYING TO UNDERSTAND THE DISCONNECT HERE. 
          YOU KNOW, THAT'S, THAT'S MISSING. 
          'CAUSE IT SEEMS TO ME IF I'M FILLING OUT THAT FORM, IT SHOULD TELL ME THAT I OWE MONEY. 
          MR. NORRIS. 
          YES. 
          SO FOR THE TIME YOU WERE THAT, THAT THIS PERIOD OF NONPAYMENT YOU DID, DID YOU EVER AT ONCE GO INTO THE CITY SITE TO LOOK AND SEE WHAT THAT WAS ABOUT? OR DID YOU JUST ASSUME THAT AIR YOUR PLATFORM WAS TAKING CARE OF EVERYTHING? SO BASED OFF OF AIRBNB, THE WAY THAT THEY WERE SAYING THAT THEY WERE ACTUALLY GETTING APPROVALS, THAT THEY WERE GONNA COLLECT ALL TAXES, THAT'S WHERE THE DISCONNECT WAS. 
          AND I GOT REALLY 
          [00:50:01]
CONFUSED BY IT BECAUSE I EVEN HAD TO TELL ONE OF MY AUNTS AND UNCLES THAT'S ON EAST HOUSTON TO START PAYING THEIR TAXES. 
          'CAUSE I'M DEALING WITH THIS NOW. 
          BUT AS A TOTAL, I THOUGHT THEY WERE COLLECTING EVERYTHING BECAUSE THEY MADE IT SUCH A BIG DEAL THAT FROM CITY, STATE AND COUNTY, THEY WERE GETTING EVERYTHING. 
          SO WHEN I FOUND OUT THAT I NEEDED TO GO BACK, I HAD TO GO ALL THE WAY BACK AND PAY. 
          SO THAT'S WHERE THE, I GUESS THE DISCONNECT WAS COMMISSIONER BRAGMAN, UM, SO THIS IS FOR STAFF. 
          HOW DO WE THEN GET THE COUNTY TAXES TO BE PART OF THE PAYMENT? SO BECAUSE WE'RE SEEING THIS OVER AND OVER AGAIN AND I'M SURE THIS IS JUST SCRATCHING THE SURFACE, I THINK THE VERY SHORT ANSWER TO THAT IS IT'S GONNA TAKE A CHANGE IN STATE LAW. 
          OH MAN, THERE IS A DIFFERENCE. 
          THERE IS A DIFFERENCE IN STATE LAW ON THE, WHO IS RESPONSIBLE FOR COLLECTING CITY AND COUNTY TAX. 
          AND THAT IS ULTIMATELY WHAT IT CAME DOWN TO. 
          WE HAD TRIED TO GET THEM TO REMIT BOTH CITY AND COUNTY, BUT THEY REFUSE TO BE THE ENTITY RESPONSIBLE FOR THE COLLECTION AND REMITTANCE OF THE COUNTY PORTION. 
          SO YOU'RE SAYING THAT ALL THE MUNICIPALITIES IN TEXAS THAT DEAL WITH SHORT TERM RENTALS AND COLLECT TAXES ARE GOING THROUGH THE SAME ISSUE? I I, I DON'T KNOW THAT I'M PREPARED TO SPEAK FOR EVERY OTHER CITY. 
          WHAT I CAN SAY WITH CONFIDENCE IS THAT WE TRIED AND WE WERE NOT ABLE TO GET AIRBNB AND VRBO TO DO THAT. 
          OKAY. 
          SO THERE'S A LOOPHOLE IN THE STATE LAW IS WHAT IT SOUNDS LIKE. 
          THERE'S AN ISSUE WITH THE STATE LAW. 
          THERE IS AN ISSUE WITH THE STATE LAW. 
          SO COMMISSIONER MAY, SAMANTHA. 
          SO, SO WHEN IT IS THAT IT, SO THE, SO THE FIRST MONTH THAT THE APPLICANT MISSES THE REPORT, REGARDLESS IF IT'S ZERO OR NOT, DO THEY GET A NOTICE SAYING YOU'RE, YOU'RE, YOU WILL BE TERMINATED IN THREE MONTHS? I MEAN, ARE WE THAT DIRECT ON DAY ONE THEY WILL RECEIVE A DELINQUENCY NOTICE THAT FAILURE TO REPORT ZERO OR REPORT ANY MEMBER IS A IS DELINQUENT AND FAILURE TO CONTINUE, FAILURE TO CONTINUE NOT TO REPORT HOT TEXT WILL RESULT IN PERMANENT REVOCATION AND THERE'S A 12 MONTH PENALTY APPLIED TO THAT PROPERTY. 
          SO I WOULD ALMOST SUGGEST THAT WE SAY ON DAY ONE YOU'LL BE TERMINATED IN 30 DAYS UNLESS YOU REPORT BECAUSE YOU KNOW, BECAUSE IT DOESN'T SEEM LIKE WE GET THE WAKE UP CALL. 
          WELL, UNTIL WE REJECT IT. 
          SO TO CLARIFY THAT IT'S 90 DAYS DELINQUENT. 
          I KNOW, THAT'S WHAT I SAID. 
          SO ON 30 DAYS SAYING YOU'LL BE TERMINATED IN 30 DAYS UNLESS YOU BRING IT TO CURRENT, YOU KNOW, AND, AND THEN THEY CAN GO THROUGH THIS PROCESS AND SAY, OKAY, YO, WE'RE GONNA BRING YOU BACK IN. 
          BUT AT 90 DAYS, YOU KNOW, IT'S A LOT MORE LOT DIFFERENT DIALOGUE. 
          I, I, I'LL I'LL JUST SAY THIS, I I, I FEEL LIKE EVERY TWO WEEKS WHEN WE SIT IN THIS ROOM, WE'RE, WE'RE HEARING FEEDBACK ON WHAT THE ORDINANCE SHOULD OR SHOULD NOT SAY. 
          THE ORDINANCE SAYS WHAT IT DOES, THAT IS WHAT CITY COUNCIL HAS APPROVED AND THAT IS WHAT WE HAVE TO ENFORCE. 
          I UNDERSTAND. 
          UM, I THINK THAT WE'VE KIND OF HEARD A LOT ABOUT THIS THING. 
          UM, IF THERE'S NO OTHER QUESTIONS, UM, ANYONE'S TIME TO SPEAK ON THIS VOICEMAILS? NO PUBLIC COMMENT. 
          ALL RIGHT. 
          UM, UH, JUST ONE LAST ONE. 
          BONING FOR THE APPLICANT. 
          YES. 
          SO, SO YOU HAVE AN UNDERSTANDING NOW OF HOW REPORTING IS MONTHLY AND GETTING IT IN BY THE 10TH OF EACH MONTH AND YES. 
          DOING THAT. 
          OKAY. 
          GOTCHA. 
          YES SIR. 
          YEAH, UH, LIKE I SAID, I'VE BEEN DOING THIS A LONG TIME. 
          IT WAS A DROP BALL ON ME AND IT WILL NEVER HAPPEN AGAIN. 
          GOTCHA. 
          THANK YOU. 
          ALRIGHT, I'M LOOKING FOR A MOTION. 
          BON COMMISSIONER BEEZ, UH, REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 1 9. 
          I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT FIVE 15 BELMONT, UH, STREET APPLICANT BEING, UH, DAMIEN NORRIS BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THE CITY STAFF MADE AN ERROR IN ENFORCING AND IN ENFORCING 16 11 10 D WHEN REVOKING THE SHORT TERM, UH, RENTAL PERMIT AND A MOTION SECOND. 
          SECOND BY COMMISSIONER BRACKMAN. 
          COMMISSIONER BEEZ. 
          YEAH, I'M GONNA BE IN FAVOR OF IT. 
          I DON'T BELIEVE THE CITY'S AN ERROR. 
          I DO BELIEVE THOUGH THAT REGULATION AND THESE ORDINANCES JUST, YOU KNOW, THEY FALL BEHIND, YOU KNOW, UM, IT WAS BEING DONE ONE WAY FOR A LONG TIME AND AS OPERATORS, YOU KNOW, 15 PERCENT'S GETTING TAKEN BY THE PLATFORM. 
          SO YOU'RE ASSUMING THAT, HEY, THAT'S ALL OF IT. 
          THAT'S A BIG CHUNK OF MY CHANGE. 
          THEY MUST BE TAKING IT ALL. 
          UM, AND THEN, YOU KNOW, WE, NOW WE KNOW THAT WE GOTTA GO BACK AND REPORT THAT 1.75 TO THE COUNTY BEFORE THE 10TH OF EVERY MONTH. 
          HE KNOWS THAT GOING FORWARD. 
          UM, I I DON'T THINK WE HAVE UH, ANY, HE'S THE ONLY ONE ON THE BLOCK. 
          THERE'S TWO. 
          YEAH. 
          SO WE'RE GOOD THERE. 
          THERE'S, SO I, I THINK HE'LL BE GOOD GOING FORWARD AND I THINK WE'RE GONNA SEE A NUMBER OF THESE CASES AND IT'S JUST THE WAY IT IS. 
          'CAUSE LIKE I SAID, IT IS JUST GONNA, IT'S GONNA SLIP THROUGH THE CRACKS LIKE THAT. 
          BUT AS LONG AS THESE OPERATORS CAN CATCH UP, THEY NOW HAVE A GOOD UNDERSTANDING OF HOW THEY PAY GOING FORWARD, THEN, THEN WE CAN MOVE ON. 
          I'LL BE IN SUPPORT. 
          THANK YOU. 
          COMMISSIONER BRAGMAN. 
          I CONCUR WITH MY COLLEAGUE. 
          I'LL BE IN SUPPORT AS WELL. 
          ANYONE ELSE LIKE TO ADD? I WOULD CARE. 
          COMMISSIONER ZUNA? YEAH, SO I'LL BE IN SUPPORT AS WELL. 
          I MEAN, TESTIMONY FROM CITY STAFF JUST TALKED ABOUT THE MILLION DOLLAR PER MONTH IN REVENUE WE'RE GETTING FROM THESE SHORT TERM RENTALS AND TAXES. 
          SO THE APPLICANT'S AWARE, I DON'T HAVE ANY CONCERN THAT HE WILL PAY ON A TIMELY BASIS, INCLUDING THE COUNTY AND CITY TAXES AND IT'S A REVENUE SOURCE FOR THE CITY AND THERE'S NO OTHER SHORT TERM RENTALS ON THIS 
          [00:55:01]
BLOCK. 
          SO I WILL SUPPORT IT. 
          COMMISSIONER EZ. 
          UH, I ALSO WILL BE IN SUPPORT. 
          UM, AND JUST TO CLARIFY, UH, THE SITE FOR THE CITY, UH, IS ONCE YOU LEARN IT, IT'S PRETTY EASY. 
          UM, YOU PUT IN YOUR, YOUR BALANCE FOR THE MONTH FOR THE CITY, THEN YOU PUT THE BA SAME BALANCE IN FOR THE COUNTY AND THEY CALCULATE HOW MUCH YOU HAVE TO PAY. 
          JUST HAVE YOUR DEBIT CARD READY SO YOU CAN PAY IT. 
          YEP. 
          OKAY. 
          ALL RIGHT. 
          ANYONE ELSE LIKE THAT? I'M JUST GONNA ADD THAT I'M IN FAVOR SOLELY BECAUSE HE'S CURRENT DOESN'T HAVE ANY COMPLAINTS. 
          HE MAY HAVE PAID SOME FINES. 
          OH YEAH. 
          AND UM, AND UM, IF YOU HAVE TO COME BACK HERE. 
          I MAY NOT BE AS GRACIOUS. 
          SO SEVERAL VOTES MANNA. 
          SO THERE IS ONE OTHER SCR ON THIS BLOCK ALREADY, SO, SO YEP. 
          COMMISSIONER EZ. 
          YES, I CONCUR. 
          COMMISSIONER BRAGMAN. 
          I CONCUR. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER IBANEZ? I CONCUR. 
          COMMISSIONER DEAN? NO, I DO NOT. 
          CONCUR. 
          COMMISSIONER CRUZ? YES, I CONCUR. 
          COMMISSIONER MENA. 
          I DO NOT CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER BEEZ? YES, I DO. 
          CONCUR. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER VASQUEZ, I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE VICE OF ACT. 
          MOTION PASSES IN 92. 
          UH, DO YOU HAVE ANY QUESTIONS? GET WITH STAFF. 
          OKAY, THANK YOU. 
          GOOD LUCK. 
          ITEM FOUR A FOR THE CITY STAFF. 
          I'M GONNA NEED THE COMPUTER AGAIN. 
          UH, . 
          YOU TOO, MAYBE. 
          OH, MINE JUST CUT OUT. 
          . 
          I WAS JUST GONNA WRITE ON IN FOR A SECOND. 
          YOU SHOULD BE, I'M BACK. 
          OH, OKAY. 
          YOU GOTTA LOG IN. 
          I GOTTA LOG IN. 
          OKAY. 
          OH, GO AHEAD. 
          UH, GOOD AFTERNOON, TYLER, ADAM, UH, DEVELOPMENT SERVICES. 
          UH, THIS IS A SPECIAL EXCEPTION, BOA DASH TWO SIX DASH 0 3 0 0 1 8. 
          ADDRESS IS 2 21 IRA AVENUE COUNCIL DISTRICT TWO APPLICANT AND PROPERTY OWNER TIM HENDRICKS. 
          AND THIS IS A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT. 
          ON THE BLOCK FACE ZONING IS MULTIFAMILY. 
          SUBJECT PROPERTIES LOCATED 2 21 IRA AVENUE. 
          SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTIFAMILY. 
          UH, THIS IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. 
          UH, PER CITY CODE TYPE TWO, SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE. 
          THIS PROPERTY IS A CORNER LOT AND SO, UM, I DID WANNA INCLUDE THAT PER SECTION 16 DASH 11 0 3 3. 
          NO PROPERTY SHALL BE ELIGIBLE TO OBTAIN SHORT-TERM RENTAL PERMITS BY UTILIZING MULTIPLE BLOCK FACES. 
          ALL UNITS ON A LOT MUST BE ASSESSED AS BEING SOLELY ON ONE BLOCK FACE. 
          THERE ARE NINE UNITS ON THIS BLOCK FACE WITH ONE ACTIVE TYPE TWO ALREADY AT 2 21 IRA AVENUE. 
          IN THE UNIT. 
          ONE, UH, BLOCK FACE IS CURRENTLY AT 11%. 
          UH, IF AN ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE PLAY AT 22% EXCEEDING THE 12.5% DENSITY LIMIT. 
          UH, THE ORIGINAL PERMIT WAS ISSUED OCTOBER 15TH, 2020. 
          UH, AGAIN, THAT IS FOR 2 21 IRA UNIT ONE. 
          UH, THIS PERMIT WAS RENEWED AND, UH, DOES NOT EXPIRE UNTIL OCTOBER 15TH, 2026. 
          UM, APPLICATION FOR UNIT TWO WAS SUBMITTED DECEMBER OF 2025. 
          THE APPLICANT SUBMITTED THIS AS 2 0 1 WESLEY, BUT, UH, THE CITY DOES NOT HAVE AN APPROVED ADDRESS VERIFICATION ON RECORD FOR THIS ADDRESS. 
          AND AGAIN, NO PROPERTY SHALL BE ELIGIBLE TO OBTAIN SHORT-TERM RENTAL PERMITS BY UTILIZING MULTIPLE BLOCK PHASES. 
          THERE WAS A CODE INVESTIGATION FOR OPERATING WITHOUT A PERMIT OPENED IN OCTOBER OF 2025. 
          UH, THERE WAS AN ADMINISTRATIVE HEARING AND ON FEBRUARY 6TH, 2026, THE OWNER WAS HELD LIABLE FOR OPERATING SHORT-TERM RENTAL PERMIT WITHOUT A PERMIT. 
          UM, THIS WAS A, UH, LISTING ON THAT LISTING. 
          YOU CAN SEE IT WAS ADDRESSED AS 2 0 1 WESLEY PLACE, UH, SITE PLAN, AND THEN THE SUBJECT PROPERTY WITH ITS SURROUNDING, UM, PROPERTY, UH, STAFF RECOMMENDS DENIAL. 
          [01:00:01]
UM, STAFF DID MAIL 33 NOTICES. 
          UH, WE'VE RECEIVED ONE IN FAVOR, A THREE IN OPPOSITION. 
          UH, MANKEY PARK NEIGHBORHOOD ASSOCIATION DID RESPOND OVER THE WEEKEND, AND I DO HAVE THAT IF Y'ALL WOULD LIKE TO SEE IT, BUT THEY RESPONDED IN OPPOSITION. 
          UM, SIX CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE. 
          CAN YOU BRING THE LETTER UP ON THE SCREEN FROM THE NEIGHBOR ASSOCIATION? ALL RIGHT. 
          IT LOOKS LIKE THEY WERE IN OPPOSITION BECAUSE THEY HAVEN'T HAD A, A TRUE MEETING OR, OKAY. 
          ALL RIGHT. 
          IF THERE'S, UH, ANY OTHER QUESTIONS, ANY QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME FORWARD? ALL RIGHT, LET'S HAVE THE APPLICANT COME FORWARD. 
          UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR STR TIM HENDRICKS. 
          THANK YOU FOR YOUR, UH, TIME AND ATTENTION TODAY. 
          I APPRECIATE IT. 
          KEEP THIS BRIEF. 
          UH, I PURCHASED THIS PROPERTY IN 2020, UH, OPERATED BOTH SIDES OF THIS PROPERTY AS A SHORT TERM RENTAL SINCE 2020. 
          UH, I WAS UNAWARE THAT I NEEDED SEPARATE PERMITS FOR EACH UNIT. 
          WE'VE BEEN PAYING TAXES CONSISTENTLY FOR FIVE YEARS. 
          WE HAVE GREAT REVIEWS FROM ALL OF OUR TENANTS AND WE'VE HAD NO COMPLAINTS FROM ANY NEIGHBORS. 
          UH, THE FIRST THAT I LEARNED OF THIS ISSUE OF NEEDING A SECOND PERMIT WAS THAT CODE VIOLATION IN OCTOBER OF 2025. 
          AND I THEN SUBMITTED AN APPLICATION FOR THE SECOND PERMIT. 
          UH, THE COMMENT ABOUT 2 0 1 WESLEY, UH, WHEN I PURCHASED THE PROPERTY, IT HAD TWO ADDRESSES. 
          MY CPS AND SAWS, BILLS, POST OFFICES, EVERYTHING IS LISTED EACH SIDE SEPARATELY. 
          UH, ONE ENTRANCE, I DON'T KNOW IF WE CAN, I GUESS LOOK HERE. 
          UH, THE LEFT SIDE OF THE DUPLEX FACES IRA AVENUE AND THAT'S WHERE THE FRONT DOOR OF THAT UNIT IS. 
          THE RIGHT SIDE FACES WESLEY. 
          UH, AND THAT'S WHERE, WHERE THAT ENTRANCE IS. 
          UM, WE'VE, UH, AS I SAID, WE'VE, WE'VE HAD NO ISSUES HAVE RENEWED OUR EXISTING PERMIT ON, ON MULTIPLE TIMES. 
          UH, THERE ARE NO ACTIVE SHORT-TERM RENTAL PERMITS ON WESLEY. 
          UH, IT IS A VERY SHORT BLOCK, SO I UNDERSTAND THE STAFF'S CONCERN ABOUT THE, THE 12.5%, BUT ON THAT DIAGONAL STREET, THERE ARE NO OTHER SHORT-TERM RENTAL, UH, UNITS ON THAT BLOCK FACE. 
          ALL RIGHT. 
          ANY QUESTIONS FROM THE, UH, FROM THE COMMISSION, UNA COMMISSION, ZUNA? I'M JUST CURIOUS IF YOU HAD A CHANCE TO TALK WITH THE NEIGHBORHOOD ASSOCIATION THAT IS IN OPPOSITION OF THE PERMIT. 
          I HAVE NOT. 
          THIS, UH, THE COMMENT THAT THEY WERE IN OPPOSITION WAS THE FIRST I LEARNED OF THAT. 
          OKAY. 
          AND IT SEEMS LIKE THEY JUST HAVEN'T HAD A CHANCE TO LISTEN TO YOU. 
          RIGHT. 
          SO YEAH, THERE'S ALSO TWO, UH, NEIGHBORS ACROSS, ACROSS ONE ACROSS WESLEY, ONE ACROSS IRA THAT ARE IN OPPOSITION. 
          HAVE THEY EVER EXPRESSED, UM, YOU KNOW, ANY OPPOSITION TO YOU RUNNING AN SDR? NO, SIR. 
          OKAY. 
          NOT TO MY KNOWLEDGE. 
          I'VE, UH, YOU KNOW, I DON'T LIVE IMMEDIATELY AROUND THERE, BUT, UH, YOU KNOW, MY PHONE NUMBER'S AVAILABLE. 
          UH, BUT I'VE NOT HEARD ANYTHING. 
          AND AGAIN, I'VE NOT HAD ANY COMPLAINTS FROM NEIGHBORS. 
          OKAY. 
          CITY STAFF, ANYTHING LIKE THAT? WELL, WE HAVE, UH, WE HAVE SOME PUBLIC COMP. 
          YES. 
          COMMISSIONER. 
          SO, UM, SO YOU STATED THAT YOU'VE BEEN RUNNING BOTH STR FOR FOUR YEARS NOW, OR, OR THREE YEARS, WHATEVER. 
          UM, AND SO YOU ARE REPORTING IT AND SO, SO IS IT THAT YOU ARE REPORTING A SINGLE NUMBER FOR BOTH OF THOSE AND THAT YOUR, YOUR, YOUR TAXES HAVE BEEN PAID FOR BOTH UNITS? YES, SIR. 
          USING JUST THE ONE ADDRESS? UH, THE ONE PERMIT NUMBER, YES. 
          OKAY. 
          YOUR REPORT TAXES. 
          SO, SO IS THERE A WAY TO VERIFY THAT FROM A CITY PERSPECTIVE THAT I GUESS BOTH UNITS WERE COVERED AS A SINGLE ADDRESS? UM, I CAN'T SAY WHEN THEY INITIALLY APPROVED, BUT I KNOW UPON RENEWAL STAFF DID ASK FOR CLARIFICATION WHICH UNIT THEY WERE REVIEWING FOR BECAUSE THEY NEEDED A SEPARATE PERMIT FOR EACH UNIT. 
          TO, TO ANSWER YOUR QUESTION, WE'RE NOT ABLE TO PROVIDE THAT INFORMATION TO YOU TODAY. 
          THAT WOULD HAVE TO BE A RESULT OF A FINANCE DEPARTMENT AUDIT. 
          GENERALLY WHAT THEY WOULD LOOK AT IS WHAT IS THE RATE THAT THE PROPERTY IS BEING LISTED FOR EACH NIGHT, HOW MANY NIGHTS WAS IT RENTED FOR? AND DOES THAT ADD UP TO THE TOTAL THAT WAS REPORTED OR HALF OF THE TOTAL THAT WAS REPORTED. 
          COMMISSIONER BRAGMAN, UH, UH, MY QUESTION WAS ANSWERED. 
          OKAY. 
          UM, I'D LIKE TO HEAR SOME OF THE PUBLIC COMMENT. 
          I THINK WE HAVE TWO SIGNED UP ON THIS ONE. 
          SO SIR, IF YOU COULD TAKE A SEAT AND WE WILL, UM, HEAR, HEAR SOME PEOPLE IN THE GALLERY. 
          LET'S CALL THE FIRST NAME. 
          FIRST ONE IS SANDRA BURGE. 
          HELLO. 
          PLEASE, UH, STATE YOUR NAME AND TELL US YOUR THOUGHTS. 
          I AM SANDRA BURGE. 
          I LIVE AT, OH, THERE YOU GO. 
          I'M SANDRA BURGE, AND I LIVE AT TWO 20 IRA AVENUE DIRECTLY ACROSS THE STREET FROM THIS PROPERTY. 
          [01:05:01]
AND IT'S NOT TRUE THAT THERE HAVE BEEN NO COMPLAINTS ABOUT THIS, UM, TO THE OWNERS. 
          ACTUALLY, THE WAY I HAVE CONTACTED THEM IS THROUGH THE AIRBNB SITE AND CONTACT A HOST THERE. 
          UM, I HAVE LIVED IN MY HOUSE FOR 35 YEARS AND I, MY OPPOSITION HAS TO DO WITH, I THINK ONE UNIT PER BLOCK FACE IS ALREADY TOO MANY. 
          UM, I WANT A SENSE OF COMMUNITY AND I WANT NEIGHBORS. 
          AND WHEN THERE IS A NON-OWNER OCCUPIED RENTAL THERE, THAT'S A BUSINESS THAT'S SET IN THE MIDDLE OF MY BLOCK AND THERE'S MORE THAN ONE. 
          UM, I WAS ALSO CURIOUS ABOUT, UM, HOW MANY UNITS ARE ON WESLEY, BECAUSE THERE IS ANOTHER ONE, A PINK HOUSE BEHIND THIS PROPERTY, UM, THAT I THOUGHT WAS A, A SHORT TERM RENTAL. 
          IT IS. 
          OKAY. 
          SO THERE'S ALREADY, UH, ONE ON THE IRA BLOCK FACE AND ONE ON WESLEY BLOCK FACE. 
          ANYWAY, MY OPINION IS THAT THAT ONE PER BLOCK FACE IS ALREADY TOO MANY. 
          UM, AND THE BUSINESS WITH AN ABSENTEE OWNER, IT, IT FALLS THE RESPONSIBILITY FOR POLICING THE AREA FALLS ON THE NEIGHBORS. 
          IF THERE'S VIOLENCE, IF THERE'S A FIRE, IF THERE'S LOUD NOISE AND SO FORTH, THE RESPONSIBILITY FOR CORRECTING SOME OF THAT FALLS ON THE NEIGHBORS AND NOT ON THE PERSON WHO SHOULD BE SUPERVISING IT. 
          SO I JUST, AS A PERSON, I WANT NEIGHBORS IN MY NEIGHBORHOOD. 
          I WANT, RATHER THAN BUSINESSES ON MY BLOCK, AND ESPECIALLY A BUSINESS WHERE THE OWNER JUST IS NOT THERE FOR THIS PARTICULAR PROPERTY, IT'S A NUISANCE. 
          UM, AND I LIVE DIRECTLY ACROSS THE STREET, AND ONE NUISANCE IS THE GARBAGE CANS ARE PARKED ON THE STREET. 
          THEY'RE STORED ON THE STREET AND PUSHED OUT INTO THE STREET ON COLLECTION DAY. 
          UM, AND I ACTUALLY HAVE TO PHYSICALLY MOVE THEM WHEN I AM RETURNING TO MY HOME. 
          I HAVE TO PHYSICALLY MOVE THEM OUT OF THE WAY SO I CAN REACH MY DRIVEWAY. 
          AND THE OTHER THING IS THAT, UM, PEOPLE WHO ARE A GUEST IN THIS PLACE ARE PARKING AT THE END OF MY DRIVEWAY DIRECTLY ACROSS THE STREET, WHICH DOESN'T SOUND LIKE A BIG DEAL, EXCEPT THESE ARE REALLY NARROW STREETS AND IT'S KIND OF HARD TO MANEUVER. 
          THIS IS ALSO TRUE ON WESLEY STREET. 
          THEY WILL SOMETIMES PARK ON WESLEY STREET, AND THE NEIGHBORS THERE HAVE A VERY STEEP DRIVEWAY. 
          IT'S HARD TO MANEUVER. 
          AND I KNOW THAT THIS PROPERTY HAS A CARPORT IN THE BACK, AND I DON'T KNOW THAT I'VE EVER SEEN ANY GUEST PARKING BACK UNDER THEIR COVERED PARKING THAT THEY PROVIDE. 
          SO THAT'S THE NUISANCE THAT IS BOTHERING ME PERSONALLY. 
          BUT, SO FOR ALL THESE REASONS, BECAUSE I THINK WE, WE WANT NEIGHBORS AND NOT BUSINESSES, AND ALSO BECAUSE THIS PARTICULAR PROPERTY IS AN ISSUE, UM, THAT'S WHY I OPPOSE. 
          ALL RIGHT. 
          THANK YOU. 
          UH, RENEE RAMIREZ. 
          HELLO. 
          PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS. 
          UH, MY NAME IS RENEE RAMIREZ. 
          I LIVE ON IRA AVENUE. 
          UM, I HAVE CONCERNS ABOUT THIS PROPERTY ALSO. 
          UH, FIRST OF ALL, THE, THE, THE GENTLEMAN'S NAME, I DO NOT KNOW, BUT I LOOKED IT UP ON B AD AND IT SAYS A DIFFERENT NAME IS THE OWNER, AND IT WAS AN LLC THAT WAS LISTED. 
          SO, BUT, UH, THE CONCERN THAT I HAVE STARTS WITH THE STREET ON WESLEY. 
          UH, THIS PROPERTY HAS APPARENTLY CLAIMED PART OF THE STREET FOR ITS OWN PROPERTY. 
          SO IT HAS MOVED RAILROAD TIES AND CINDER BLOCKS OUT INTO THE STREET AND CLAIMED, I DON'T KNOW, MAYBE A FOOT OR TWO OF IT. 
          AND IT GOES OUT INTO THE STREET. 
          AND IT'S A REAL PROBLEM. 
          THEY HAVE, UH, LIKE SANDRA SAID, THEY HAVE CARVED OUT A PIECE OF THE STREET TO PARK THEIR GARBAGE CANS ON AND THEIR RECYCLING ON. 
          AND, UH, THERE IS, UH, THERE'S A PROBLEM WITH THAT ALSO, BECAUSE THE GROWTH FROM THE TREES THAT ARE ON WESLEY SIDE OF THE STREET GO OUT OVER WESLEY. 
          THEY HEAD OUT TOWARDS WESLEY. 
          AND WHEN YOU COME TO A STOP ON IRA AND WESLEY, YOU HAVE TO INCH OUT EVEN MORE BEFORE YOU CAN TURN. 
          I, I GO THAT AREA ALL THE TIME. 
          AND BEFORE I'VE HAD TO COME TO A SLAMMING STOP, IT'S, IT'S VERY MUCH A DANGER. 
          I HAVE CALLED CODE COMPLIANCE ON THEM. 
          THEY WENT AND CHECKED IT, AND THEN AFTER A WHILE, IT WAS A CASE THAT WAS, UM, I THINK IT WAS CALLED DISMISSED, UH, BECAUSE IT HAD TO BE PASSED ON TO A DIFFERENT THING. 
          I DON'T KNOW WHAT IT WAS, BUT APPARENTLY SOME OTHER ISSUE CAME UP. 
          UM, SO THAT WHOLE THING IS MY, IS MY CONCERN. 
          PLUS THERE'S ALREADY A RENTAL NEXT DOOR TO IT ON WESLEY THE PINK, THERE'S A PINK HOUSE THERE THAT IS A RENTAL. 
          SO THAT, THAT IS, THOSE ARE TWO RENTALS RIGHT NEXT DOOR. 
          THE OTHER ISSUE I HAVE WHEN I, I RESEARCHED THE SHORT TERM RENTALS AND MY RESEARCH WAS REALLY SURPRISING. 
          I, I DID NOT REALIZE THIS, BUT THERE IS A HIGH CRIME RATE INCIDENTS THAT IS DEMONSTRABLE 
          [01:10:02]
IN POLICE REPORTS WITH SHORT TERM RENTALS LIKE THIS. 
          THE CONCERN FOR THAT, OF COURSE, BESIDES MYSELF, IS THAT MY NEIGHBORS, THE PEOPLE RIGHT NEXT TO IT ARE ELDERLY AND THEY'RE VULNERABLE. 
          AND I HAVE A FEELING THAT NONE OF THE SHORT TERM RENTALS DO ANY KIND OF CRIMINAL BACKGROUND CHECK ON THEIR RENTERS OR ANYTHING LIKE THAT. 
          SO THAT HAS ME GREATLY CONCERNED BECAUSE OF THE PEOPLE RIGHT ACROSS THE STREET, RIGHT ACROSS WESLEY. 
          UM, SO THE STREET NARROWING, THE WHOLE THING ABOUT RENTING SHORT TERM RENTALS MAKES ME VERY WORRIED ABOUT THIS. 
          THE OTHER THING IS THAT I LOOKED FOR A POSITIVE ON IT. 
          THERE IS A POSITIVE FOR SHORT-TERM RENTALS LIKE THIS, BUT THE POSITIVE ISN'T FOR THE NEIGHBORHOOD. 
          THE POSITIVE IS FOR THE BUSINESSES, THE MUSEUMS, ALL THE THINGS THAT ARE AROUND THE NEIGHBORHOOD. 
          THERE ARE NO POSITIVES THAT ARE FOR THE NEIGHBORHOOD. 
          THIS WAS A STUDY THAT WAS DONE IN THE NATIONAL INSTITUTE OF HEALTH. 
          I SENT AN EMAIL IN WITH IT, AND IT WAS IN JUNE OF, LEMME GET IT HERE, JUNE OF 20, JULY 14TH, 2021. 
          BUT, UM, JUST IN FOR THE POSITIVE, HE DOES KEEP IT UP VERY NICELY EXCEPT FOR THAT STREET PART. 
          BUT, UM, I, I AM STANDING IN OPPOSITION TO THIS PROPERTY. 
          THANK YOU. 
          THANK YOU. 
          ANY VOICEMAILS? THAT'S ALL THE PUBLIC COMMENTS. 
          ALL RIGHT. 
          UH, HAVE THE APPLICANT COME BACK FORWARD? COMMISSIONER QUESTIONS? COMMISSIONER ZUNA? YEAH, I'M JUST, I FOR ONE, WOULD LIKE TO HAVE SOME KIND OF INPUT FROM THE NEIGHBORHOOD ASSOCIATION. 
          UM, HE HASN'T HAD THE OPPORTUNITY TO TALK WITH THEM TO GET ANY KIND OF INPUT, ANY OPPOSITION FROM THE, UH, COMMISSION. 
          ANYONE LIKE TO SUPPORT A MOTION FOR A CONTINUANCE MANANA, YES. 
          COMMISSIONER MANANA. 
          SO I WOULD SUPPORT. 
          OKAY. 
          HOW LONG WOULD YOU NEED TO, TO, UH, TALK TO THE NEIGHBOR ASSOCIATION? I REALLY DON'T KNOW HOW RESPONSIVE THEY WOULD BE. 
          I WOULD HOPE FOR, YOU KNOW, BY YOUR, YOUR NEXT MEETING THAT YOU CAN FIT ME IN ON THE AGENDA. 
          UH, I CAN CERTAINLY MAKE IT MY TOP PRIORITY IF THEY'RE WILLING TO ENGAGE. 
          ALL RIGHT. 
          OUR NEXT MEETING IS APRIL 6TH. 
          APRIL 6TH, AND THEN WE HAVE ANOTHER MEETING ON THE APRIL 20TH. 
          SO, UM, YOU KNOW, IN THE, IN THE, UH, IN, IN THE, UH, UM, OPPOSITION EMAIL FROM THE NEIGHBOR ASSOCIATION, THEY DID EXPRESS AN INTEREST IN MEETING WITH YOU. 
          OKAY. 
          UH, THEY DIDN'T NECESSARILY SAY HOW LONG, YOU KNOW, OFTEN THEY MEET OR WHEN THEY WOULD MEET, OR I WOULD RECOMMEND, I WOULD RECOMMEND A MONTH, BUT I WAS, I WAS GONNA SAY MANKEY PARK IS A FAIRLY ACTIVE NEIGHBORHOOD ASSOCIATION. 
          TYPICALLY THEY MEET MONTHLY. 
          I DON'T KNOW HOW LONG IT'S GONNA TAKE TO SET THEIR AGENDA. 
          OKAY. 
          AND BON REAL QUICK TO, TO THE APPLICANT. 
          YES. 
          MR. UM, UH, YOU SAY YOU PAY JUST, YOU REPORT TAXES ON BOTH OF THESE ON, ON ONE ACCOUNT? YES, SIR. 
          YOU GOT SOMETHING IN LINE, UH, BROKEN DOWN BETWEEN THE TWO UNITS OF THE GROSS RECEIPTS ON BOTH OF THOSE THAT YOU COULD BRING IN BEFORE THE NEXT MEETING? I DON'T HAVE IT WITH ME, BUT YES, I CAN CERTAINLY, YEAH, BECAUSE YOU LIST THEM AS TWO SEPARATE LISTINGS ON AIRBNB, CORRECT? YEAH. 
          SO MAYBE IF YOU CAN BRING IN LIKE THREE MONTHS OF PRIOR GROSS RECEIPTS FOR BOTH THE UNITS SEPARATELY. 
          YES, SIR. 
          OKAY. 
          THANK YOU. 
          AND, AND MAY I FOLLOW UP AND MAY SO THAT THE CITY CAN REVIEW THAT, JUST TO CONFIRM THE QUESTION I HAD HAD SO THAT IT'S, YOU KNOW, DOUBLING OR, OR, OR HALF SO, SO VERIFY THAT. 
          AND THEN ALSO MAYBE, UM, CAN THE CITY FOLLOW UP WITH REGARDS TO, UM, YOU KNOW, SO IT LOOKS, THIS BLOCK IS A LITTLE BIT STRANGE BECAUSE THERE'S A SIDEWALK AND THEN THE SIDEWALK DISAPPEARS AND IT'S, IT KIND OF LOOKS LIKE IT'S BEEN TAKEN OVER BY CINDER BLOCKS AND TIMBERS, SO I WANNA MAKE SURE THAT THERE WASN'T A LET, UM, OR A TAKING OF THE CITY PROPERTY. 
          IF WE VERIFY THAT TO ADDRESS ONE OF THE CONCERNS THAT WAS LISTED CHAIR, I WANTED TO JUST POINT OUT, UH, THAT IS WELL ABOUT, UH, BECAUSE THE SPEAKERS DID BRING IT UP, THE CINDER BLOCKS AND THE LANDSCAPE TIMBERS, IT LOOKS LIKE THAT NEIGHBORHOOD HAS, UM, I FORGOT THE TERM THAT, BECAUSE WE SAW A CASE LIKE THIS WHERE THEY PUT A WALL TO RATE A RETAINING WALL TO KEEP THE DIRT FROM GOING INTO THE STREET. 
          AND IT LOOKS LIKE THAT STREET ON WESLEY HAS A SLOPE WHERE HIS, THE BUSHES ARE. 
          SO THIS IS SOMETHING THAT IS CONCERNING. 
          UM, THIS, YEAH, IT APPEARS THE PEOPLE THAT SPOKE AND IT APPEARS, I, I CAN'T TELL IF THERE'S A, A VERY NARROW SIDEWALK THERE OR NOT. 
          I SEE TWO PAVERS IN FRONT OF THE STEPS, UH, TO THE ENTRY, BUT IT LOOKS LIKE THOSE WERE PLACED THERE TO KEEP THE DIRT FROM SLOPING DOWN INTO THE STREET. 
          UM, SO SOMETHING YOU MAYBE YOU WANNA TALK TO THE TWO PEOPLE WHO SPOKE TODAY? YEP. 
          SO I THINK, UH, APRIL 6TH. 
          THAT ENOUGH TIME FOR 
          [01:15:01]
YOU? UH, I GUESS BASED ON ALL OF THIS, I, I'D REQUEST THE 20TH, IF THAT WORKS. 
          OKAY. 
          LOOKING FOR A MOTION TO CONTINUE. 
          APRIL. 
          SO MOVED. 
          IS THERE A SECOND? SECOND. 
          SECOND. 
          SECOND BY COMMISSIONER BRAGMAN. 
          ALL IN FAVOR SAY AYE. 
          AYE. 
          AYE. 
          ANY OPPOSED? HEARING NONE. 
          AYE, YOU'RE, WE'LL SEE YOU ON THE 20TH. 
          AND JUST SO YOU KNOW, WE'RE LOOKING, YOU'VE GOT TWO PEOPLE THAT YOU NEED TO TALK TO HERE, NEIGHBORHOOD ASSOCIATION, UH, AND, AND THE CITY REGARDING SOME OF THE FINANCES. 
          ALL RIGHT? YES, SIR. 
          WOULD YOU LIKE ME TO ADDRESS SOME OF THE COMMENTS ON THE RAILROAD TIMBERS, OR NO TIME? NO. 
          WE'LL BE READY FOR YOU IN THE 20TH. 
          OKAY. 
          THANK YOU. 
          THANK YOU ALL. 
          APPRECIATE IT. 
          MM-HMM . 
          ALL RIGHT. 
          UM, ITEM FIVE. 
          GOOD MORNING. 
          MY NAME IS JUAN ALRE, SENIOR PLANNER WITH DEVELOPMENT SERVICES. 
          ITEM NUMBER FIVE IS REQUESTED BY JACOB GARCIA AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HAWK COLLECTION LOCATED AT 3 0 8 KELLER STREET. 
          THE SUBJECT PROPERTY IS LOCATED AT 3 0 8 KELLER STREET. 
          SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY AS OF MARCH 10TH, 2025. 
          PLATFORMS THAT DIRECTLY REMIT STATE HUT. 
          ALSO NOW DIRECTLY REMIT CITY HUT TO THE CITY'S FINANCE DEPARTMENT. 
          ALL STR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS. 
          FOUR NOTICES OF DELINQUENCY WERE MAILED BY AVENUE FROM APRIL, 2025 THROUGH JULY, 2025. 
          AND A FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON FEBRUARY 2ND, 2026. 
          NO PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON FEBRUARY 17TH, 2026. 
          THERE ARE A TOTAL OF EIGHT UNITS ON THE BLOCK FACE, AND THERE IS NO ACTIVE TYPE TWO ON THE BLOCK FACE. 
          THIS SUBJECT PROPERTY DOES NOT HAVE ANY CODE VIOLATIONS. 
          THE SUBJECT PROPERTY DOES HAVE AN ACTIVE LISTING AS OF TODAY, BUT IT'S FOR 30 DAYS OR MORE. 
          AND THE PERMIT WAS ORIGINALLY APPROVED ON MARCH 9TH, 2023, BUT IT WAS REVOKED ON FEBRUARY 17TH, 2026 DUE TO HOT DELINQUENCY. 
          THIS IS THE COMMUNICATION THAT WAS SENT TO THE APPLICANT FROM AVENUE. 
          THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION. 
          THIS IS THE SUBJECT PROPERTY, AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. 
          STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL AND THEY WERE, THERE WERE A TOTAL OF 45 MALE NOTICES. 
          TWO IN FAVOR, ONE IN OPPOSITION, NO RESPONSE FROM COLLIN'S GARDEN NEIGHBORHOOD ASSOCIATION AND SIX CITYWIDE GROUPS FOR NOTIFIED WITH NO RESPONSE. 
          THIS CONCLUDES STAFF PRESENTATION. 
          APPLICANT IS HERE TO ANSWER ANY QUESTIONS, SO THE APPLICANT COME FORWARD. 
          THANK YOU. 
          PLEASE STATE YOUR NAME AND TELL US ABOUT USDR. 
          YES, SIR. 
          GOOD AFTERNOON. 
          MEMBERS OF THE BOARD. 
          MY NAME IS ALEJANDRA PLATA. 
          I WANNA START OFF BY SAYING THAT I FULLY UNDERSTAND THE IMPORTANCE OF COMPLIANCE WITH THE CITY'S REQUIREMENTS, AND I TAKE THE RESPONSIBILITY SERIOUSLY. 
          THE ISSUE THAT LED TO THE REVOCATION WAS NOT INTENTIONAL NEGLECT, BUT RATHER BREAKDOWN IN COMMUNICATION AND ADMINISTRATIVE OVERSIGHT. 
          ON OUR END, THE PROPERTY IS LEGALLY OWNED BY MY HUSBAND, JACOB GARCIA, WHO'S LISTED AS THE PRIMARY POINT OF CONTACT ON THE PERMIT. 
          WHILE I MANAGE THE DAY-TO-DAY OPERATIONS AND THE REPORTING, BECAUSE OF THE SETUP, IMPORTANT NOTICES AND OFFICIAL COMMUNICATIONS WERE BEING SENT TO HIM WHILE I WAS THE ONE ACTIVELY MANAGING THE ACCOUNT. 
          UNFORTUNATELY, THIS CAUSED US TO MS. KEY DEADLINES. 
          IN ADDITION, DURING THAT TIME, I WAS GOING THROUGH A PARTICULARLY DEMANDING PERIOD, BOTH PERSONALLY AND PROFESSIONALLY, AND THERE WERE MONTHS WHERE FILINGS WERE COMPLETED AND OTHERS WHEN THEY WERE UNINTENTIONALLY MISSED. 
          I WANNA BE CLEAR THAT THIS WAS HUMAN ERROR ON MY PART, NOT A DISREGARD FOR THE RULES, AND I TAKE FULL RESPONSIBILITY OF THAT. 
          THERE WERE ALSO INSTANCES WHERE FILINGS HAD ALREADY BEEN MADE, BUT THE SYSTEMS TO SHOW THEM AS PROCESSING, WHICH ADDED TO THE CONFUSION WHEN I WAS TRYING TO VERIFY COMPLIANCE. 
          AS SOON AS WE BECAME AWARE OF THE ISSUE, WE IMMEDIATELY TOOK ACTION. 
          ALL OUTSTANDING BALANCES HAVE NOW BEEN FULLY PAID, AND THE ACCOUNT IS CURRENT. 
          THIS IS OUR FIRST AND ONLY VIOLATION. 
          WE HAVE OPERATED THIS PROPERTY RESPONSIBLY FOR NEARLY THREE YEARS WITH NO COMPLAINTS FROM NEIGHBORS, NO PRIOR VIOLATIONS, AND CONSISTENTLY POSITIVE GUEST EXPERIENCES. 
          WE'VE ALSO RECEIVED SUPPORT FROM NEIGHBORING PROPERTY OWNERS WHO HAVE SUBMITTED FORMS IN FAVOR OF OUR APPEAL, CONFIRMING THAT OUR OPERATION HAS NOT NEGATIVELY IMPACTED THE COMMUNITY. 
          WE INTENTIONALLY INVESTED IN THIS NEIGHBORHOOD BECAUSE WE LOVE IT, AND WE BELIEVE IN AS POTENTIAL. 
          WE WANTED TO DO SO BY CONTRIBUTING TO ITS IMPROVEMENT BY REMODELING 
          [01:20:01]
A SEVERELY NEGLECT IN 1940S PROPERTY THAT REQUIRED OVER A HUNDRED THOUSAND DOLLARS IN RESTORATION. 
          MOVING FORWARD, WE'VE TAKEN STEPS TO ENSURE THIS DOES NOT HAPPEN AGAIN, INCLUDING CONSOLIDATING COMMUNICATION UNDER ONE POINT OF CONTACT AND IMPLEMENTING STRICTER INTERNAL TRACKING TO ENSURE ALL REQUIREMENTS ARE MET CONSISTENTLY, WE RESPECTFULLY ASK THE BOARD TO CONSIDER AND STATING THE PERMIT AS WE ARE NOW FULLY COMPLIANT AND COMMITTED TO OPERATING RESPONSIBLY. 
          WE'RE A SMALL FAMILY RUN OPERATION, AND THIS PROPERTY IS VERY IMPORTANT TO OUR HOUSEHOLD. 
          THANK YOU SO MUCH FOR YOUR TIME AND YOUR CONSIDERATION. 
          THANK YOU. 
          UH, QUICK QUESTION. 
          YOU MENTIONED YOU'D RUN THIS FOR THREE YEARS. 
          HAVE YOU RE RENEWED THE PERMIT OR IS THIS, ARE YOU STILL IN THE ORIGINAL THREE YEARS? UH, WE WERE ON, WE'RE ON THE EXISTING THREE YEARS. 
          OKAY. 
          OUR CITY WAS ABOUT TO EXPIRE WHEN OUR PERMIT WAS REVOKED. 
          AND STAFF, DID THEY, SO SHE, UH, THE APPLICANT HAD MENTIONED THAT THEY HAVE PAID ALL, UH, PAYMENTS. 
          UH, UH, IS THERE ANYTHING OUTSTANDING FROM THIS APPLICANT AS OF TODAY? UM, SHE'S MISSING, UM, FEBRUARY, 2025 IN, UM, FEBRUARY, 2026, ONE YEAR APART. 
          OH, SHE'S MISSING APRIL, 2025 AND SHE'S MISSING FEBRUARY, 2026. 
          SO YOU'RE MISSING TWO MONTHS. 
          UH, THE, THE APPLICANT PROVIDED THAT TO ME THIS MORNING OF THOSE PAYMENTS MADE, THE APRIL WAS ALREADY PAID, JUST THAT IT WASN'T POSTING, IT WAS PRESENTED AS PROCESSING, BUT IT FINALLY POSTED AND THE FEBRUARY MONTH WAS, UH, PAID TODAY. 
          AND THAT WOULD HAPPEN SOMETIMES. 
          UH, THAT DISCREPANCY WHAT I WOULD LOG IN AND I, IN MY HEAD, I THOUGHT IT, I DID. 
          'CAUSE I WENT IN THERE AND I PUT IN A MONTH AND I FORGOT ABOUT IT. 
          AND WHEN I WOULD RECEIVE A NOTICE, IT WOULD GO IN AND SOMETIMES IT WAS TOO PROGRESS. 
          HAVE YOU, HAVE YOU BEEN ASSESSED A PENALTY OF ANY KIND? YES, SIR. 
          A LOT. 
          AND THAT'S BEEN PAID? YES, SIR. 
          EVERYTHING'S BEEN PAID. 
          OKAY. 
          ANY QUESTIONS? MANNA, COMMISSIONER, MANNA? SO, SO THE DIALOGUE WITH REGARDS TO, UM, SO IT, LIKE, IT'S FLOATING OR, OR NOT QUITE COMPLETED, SO, SO IS THERE A REASONING WHY THAT HAPPENS OR, OR ANY IDEAS OF WHY SOMETHING LIKE THAT WOULD HAPPEN? SO THROUGH AVENUE, IT DOES TAKE, WHEN YOU REPORT ONLINE, IT DOES TAKE A COUPLE DAYS OR SO FOR IT TO BE POSTED ON OUR END. 
          IN THOSE INSTANCES, WE HAVE WORKED WITH APPLICANTS AND OWNERS PROVIDE HOT PAYMENT RECEIPT AS PROOF THEY PAID PRIOR TO REVOCATION, AND WE WOULD REINSTATE THE PERMIT THAT TIME. 
          SO IF WE WERE PROVIDED THAT INFORMATION, WE COULD VERIFY THAT BEFORE REVOKING OR REINSTATING THE PERMIT. 
          SO FOR THE APRIL, 2025. 
          SO WAS THAT PAID BACK IN, IN CLOSER TO THE APRIL, 2025 TIMELINE, OR WAS THAT ALSO RECENTLY MADE CURRENT? ONCE IT WAS FOUND THAT THAT WAS MISSED? IT WAS RECENTLY FOUND OUT ONCE I, I KNEW IT WAS AS SOON AS I KNEW IT WAS MISSED. 
          OKAY. 
          IT WAS IMMEDIATELY FILED AND PAID. 
          OKAY. 
          THANK YOU. 
          ALL RIGHT, ANY OTHER QUESTIONS? JUST A QUICK QUESTION, COMMISSIONER , SO IF THIS IS APPROVED, THEN SHE STILL WOULD HAVE THE RENEWAL COMING UP. 
          IS THAT MY UNDERSTANDING OR JUST DOESN'T SATISFY IT? WOULD, WHAT, WHAT'S THE DATE? IN THE TIME THAT THIS WAS REVOKED TO WHERE WE ARE TODAY, THE, THE PERMIT'S NATURAL LIFE HAS EXPIRED. 
          SO IF THIS IS REINSTATED BY THE BOARD, THEY WILL NEED TO SUBMIT THE APPROPRIATE APPLICATION AND WE'LL GO THROUGH THAT. 
          BUT THAT 12 MONTH PENALTY WOULD NOT BE ASSESSED. 
          AND AT THAT POINT, IT'D BE AN ADMINISTRATIVE APPROVAL FOR THE RENEWAL. 
          CORRECT. 
          YEAH. 
          WE BASICALLY, THE PERMIT THAT SHE HAD IS EXPIRED TODAY, EVEN IF IT WERE NOT REVOKED. 
          SO WE WOULD NEED A PERMIT RENEWAL APPLICATION. 
          IT WOULD ACTUALLY BE PROCESSED AS A NEW ONE BECAUSE IT HAS BEEN REVOKED. 
          UM, DID YOU UNDERSTAND THAT? YES, SIR, I DO. 
          AND IT'S VERY IMPORTANT BECAUSE IF YOU'RE THE ONLY STR ON THE BLOCK, IF SOMEONE ELSE TURNS ONE IN TOMORROW, THEN YOU DON'T WANT 'EM TO BEAT YOU TO IT. 
          ABSOLUTELY. 
          IF THIS GETS APPROVED AT ALL, UM, IF THERE'S NO OTHER QUESTIONS, ANY PUBLIC COMMENT, YES, WE HAVE MR. HECTOR MARTINEZ SIGNED UP TO SPEAK. 
          ALL RIGHT, MR. MARTINEZ, IF YOU COULD STATE YOUR NAME FOR THE, UH, RECORDING FOR THE RECORD AND TELL US YOUR THOUGHTS. 
          GREETINGS EVERYONE. 
          I'M HECTOR MARTINEZ. 
          I LIVE AT THREE 12 KELLER STREET. 
          MM-HMM . 
          AND, UH, BASICALLY I GREW UP IN THAT NEIGHBORHOOD AND I'VE SEEN A LOT OF, UH, DRAMATIC CHANGES IN MY NEIGHBORHOOD THROUGH THE PAST SEVERAL YEARS. 
          AND, UH, THE ONLY CONCERN, EXCUSE ME, MR. MARTINEZ, COULD YOU GET A LITTLE CLOSER SO WE CAN HEAR YOU? OKAY. 
          UH, THANK YOU. 
          THE ONLY CONCERN I HAVE IS THAT, UH, UH, I DIDN'T, FIRST I DIDN'T REALIZE I THOUGHT THAT THERE WAS A FAMILY THAT PURCHASED THE HOUSE. 
          I DIDN'T KNOW IF IT WAS A RENTAL OR, AND, UH, SO I'M A LITTLE, YOU KNOW, UM, JUST WANTED TO KNOW IS IT OWNED BY A FAMILY OR IS IT RENTED OUT? AND THAT'S BA BASICALLY WHAT I WANTED TO KNOW. 
          AND, UH, 
          [01:25:01]
ONLY MY ONLY CONCERN IS THAT, UH, THE TENANTS ARE PROPERLY VETTED, UH, FOR CRIMINAL BACKGROUND. 
          LIKE I REALLY DON'T THAT THAT'S A NICE HOME. 
          YOU KNOW, IT'S BEEN, I CAN SEE THAT A LOT OF MONEY WAS PUT INTO IT TO RENOVATE IT. 
          AND, UH, I JUST WANNA MAKE SURE THAT, UH, THE TENANTS ARE PROBABLY VETTED NOT TO, UH, TO AS, TO NOT TO, UH, INVITE ANY CRIMINAL ACTIVITY OR, UH, LOUD, YOU KNOW, NOISES OR, UH, ANYTHING THAT'S DISTURBING. 
          UH, AND, UH, ONLY ONE TIME SINCE I'VE, UH, SINCE THAT PLACE HAS BEEN REMODELED, THERE WAS ONE TIME THAT LAST YEAR THERE WAS A BIRTHDAY PARTY THROWN ON SATURDAY NIGHT THAT LASTED TILL ABOUT, SAY, TWO O'CLOCK IN THE MORNING, BUT NO BIG DEAL. 
          THAT WAS A ONE TIME, MOST OF THE TIME IT'S BEEN VERY QUIET AND, UH, I DON'T HARDLY SEE THE RESIDENTS IN THERE, BUT, UH, UH, OTHER THAN THAT, UH, I JUST BASICALLY, IS IT RENTED AND, UH, ARE THE AT TENANTS PROPERLY VETTED, VETTED TO MAKE SURE THAT THEY DO NOT ENGAGE IN ACTIVITY THAT DISTURBS THE PEACE? LIKE THE FAMILY DISTURBANCE IS STINK, LIKE THAT. 
          OKAY. 
          THANK YOU. 
          YES, THE APPLICANT COME BACK, UH, UP, BUT IF, YEAH, THERE YOU GO. 
          UH, SO YOU'VE HEARD SOME CONCERNS FROM YOUR NEIGHBOR. 
          WOULD YOU LIKE TO ADDRESS ANY OF THOSE? YES. 
          MR. MARTINEZ, RIGHT? YES. 
          UH, YES. 
          SO THE PROPERTY IS OWNED BY, LEGALLY OWNED BY MY HUSBAND. 
          I'M THE ONE THAT MANAGES IT. 
          IT'S NOT, WE'RE NOT A LARGE CORPORATION, IT'S ME AND HIM AND OUR TWO YOUNG KIDS. 
          UM, YOUR OTHER CONCERN WAS BETTING, UH, OUR TENANTS. 
          SO ON OUR PLATFORM, WE DO OUR BEST TO DO THAT. 
          UM, AND WE COULD DO SO BY ONE, YOU KNOW, HAVING SLIGHTLY HIGHER RENTS OR, OR RATES, WHICH WE'VE SEEN, YOU KNOW, WORKS BY VETTING OUT SOME OF THE, UH, UM, YOU KNOW, BY, BY MAKING IT JUST A PROPERTY. 
          AND, UH, SECONDLY, THERE'S A, THERE'S A, A SETTING WE CAN PUT ON THERE WHERE PEOPLE CAN'T INSTANTLY BOOK. 
          WE HAVE TO KIND OF REVIEW 'EM FIRST, AND THAT'S WHAT WE DO. 
          SO THAT'S, THAT'S THE, THAT'S WHAT WE CAN DO ON OUR PART AND WE'RE DOING IT SO FAR. 
          OKAY. 
          ALRIGHT. 
          THANK YOU, SIR. 
          ALL RIGHT. 
          THANK YOU. 
          THANK YOU. 
          OF COURSE. 
          THANK YOU. 
          ANY, UH, QUESTIONS FROM THE COMMISSION? UH, CRUZ. 
          COMMISSIONER CRUZ. 
          I'M JUST WONDERING, DID YOU EVEN TALK TO THE COLS GARDEN NEIGHBORHOOD, BECAUSE I KNOW THAT EVEN THOUGH YOU'RE CONSIDERED DISTRICT ONE, IT'S A SPLIT OF ONE AND FIVE, SO I'M JUST TRYING TO FIGURE IT OUT. 
          UM, YES, I DID REACH OUT VIA EMAIL TO THE NEIGHBORHOOD. 
          I DID NOT HEAR BACK FROM THEM. 
          ALL RIGHT, THANK YOU. 
          YES, MA'AM. 
          ALL RIGHT. 
          IF THERE'S NO OTHER QUESTIONS, ALL RIGHT, I'M LOOKING FOR A MOTION RAGMAN COMMISSIONER RAGMAN, REGARDING CASE NUMBER BO A DASH 26 DASH 0 3 0 0 0 3 4. 
          I MOVE THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 3 0 8 KELLER STREET, APPLICANT BEING JACOB GARCIA BECAUSE THE INFORMATION PROVIDED, BUT THE APPLICANT SHOWS THAT CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH D WHEN REVOKING THE SHORT TERM RENTAL PERMIT. 
          END OF MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER BEEZ. 
          COMMISSIONER BRACKMAN. 
          UH, WELL, WE KEEP SEEING THESE SAME ISSUES COMING UP AND, UH, OVER AND OVER AGAIN AND SO I, YOU KNOW, I'M GONNA GIVE THE APPLICANT THE BENEFIT OF THE DOUBT THAT BECAUSE OF THE SWITCH IN, UM, THE PLATFORM THAT REPORTS HOT AND, AND ALL OF THAT TO THE CITY, UM, THAT SHE BE GIVEN, UH, AN OPPORTUNITY TO, UH, CONTINUE. 
          UM, SHE IS UP TO DATE ON ALL OF HER HOT TAXES, SO I'LL BE IN SUPPORT. 
          THANK YOU. 
          COMMISSIONER BENI? YEAH, ALL TWO BE IN SUPPORT FOR ALL THE SAME REASONS. 
          UH, MY COLLEAGUE LISTED ALSO. 
          UM, THERE'S NO OTHER PENDING STR PERMITS. 
          UH, I FEEL THE, UH, APPLICANT, UH, ADMITTED THEIR ERRORS AND THEY'RE GOING TO STAND BY, UH, DOING RIGHT GOING FORWARD. 
          SO I THINK WE'LL GET THOSE TAXES PAID ON TIME GOING FORWARD. 
          I'LL BE IN SUPPORT. 
          THANK YOU. 
          ANYONE ELSE LIKE TO ADD MANNA? COMMISSIONER MANNA? AND I THINK THIS ONE'S A LITTLE BIT DIFFERENT SIMPLY BECAUSE OF, YOU KNOW, WE'LL SAY WHAT'S OUTTA COMPLIANCE AND IT LOOKED TO BE MINIMAL WITH REGARDS TO WHAT WAS MISSED VERSUS PRIOR ONES WERE, IT WAS A LONG HISTORY WHERE THIS ONE DIDN'T APPEAR TO BE THAT. 
          SO, SO I'LL BE VOTING IN FAVORS, UH, FOR THAT REASON. 
          AND I WILL AS WELL JUST, I MEAN, IT'S WHEN THERE'S NO COMPLAINTS AND THERE'S, IT'S NOT EXCEEDING THE 12.5% AND ESPECIALLY IF THEY'VE ALREADY PAID A FINE, I THINK THEY'VE BEEN REPRIMANDED ENOUGH AT THIS POINT. 
          SO I'LL BE IN FAVOR. 
          LET'S HAVE A ROLL CALL. 
          VOTE. 
          COMMISSIONER BRAGMAN. 
          I CONCUR. 
          COMMISSIONER EZ? YES, I CONCUR. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER BONIS? I CONCUR. 
          COMMISSIONER DEAN? NO, I DO NOT. 
          CONCUR. 
          COMMISSIONER CRUZ? YES, I CONCUR. 
          COMMISSIONER MENA. 
          I CONCUR THE FINDINGS OF FACT. 
          COMMISSIONER BENAVIDES? I CONCUR. 
          COMMISSIONER OZUNA? YES, I 
          [01:30:01]
CONCUR. 
          COMMISSIONER VASQUEZ, I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF F*G. 
          MOTION PASSES 10 TO ONE. 
          UH, CONGRATULATIONS AND PLEASE BE CAREFUL. 
          THANK YOU SO MUCH. 
          THANK YOU. 
          ITEM NUMBER SIX. 
          ALL RIGHT, GOOD AFTERNOON. 
          UM, THIS IS FOR BO A DASH TWO SIX DASH 1 0 3 0 0 0 3 5, WHICH IS AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT. 
          UM, HOWEVER, UH, JUST AS THE MEETING WAS STARTING, UM, STAFF DID RECEIVE ADDITIONAL INFORMATION, UM, THAT WE WOULD LIKE TO REVIEW AND ARE ASKING FOR A CONTINUANCE UNTIL APRIL 6TH. 
          OKAY. 
          IS THERE ANYONE, SENATOR, TO SPEAK VOICEMAILS? THERE IS NO PUBLIC COMMENT. 
          ALL RIGHT. 
          AND THE APPLICANT'S OBVIOUSLY OKAY WITH THAT. 
          UM, I HAVEN'T BEEN ABLE TO SPEAK WITH HIM JUST YET, BUT I DID SEND HIM A MESSAGE. 
          IS THE APPLICANT HERE FOR ITEM 6 18 28 SACRAMENTO? UH, ARE YOU OPPOSED? UH, PLEASE STATE YOUR NAME. 
          GOOD AFTERNOON. 
          MY NAME IS DIEGO GOMEZ. 
          AND ARE YOU OPPOSED TO A CONTINUANCE? NO. 
          ALRIGHT. 
          HOW MUCH TIME DO YOU NEED STAFF? UM, JUST, UH, JUST UNTIL APRIL 6TH. 
          ALL RIGHT. 
          APRIL 6TH. 
          THANKS TY. 
          UH, UH, TYLER, IS THERE A MOTION TO CONTINUE ON APRIL 6TH? SO MOVED. 
          SECOND. 
          OKAY. 
          WE HAVE, UH, ALL IN FAVOR SAY AYE. 
          AYE. 
          ANY OPPOSED? HEARING NONE. 
          WE WILL SEE EVERYBODY BACK ON APRIL 6TH. 
          APRIL? YEAH. 
          APRIL 6TH. 
          UH, ITEM SEVEN, THIS IS BO OA TWO SIX DASH 1 0 3 0 0 0 1 1. 
          THE APPLICANT IS ZIKA ARCHITECTURE. 
          THE COUNCIL DISTRICT IS TWO AND THE LOCATION IS FIVE 10 BOOKER ALLEY. 
          THE ZONING IS R FOUR. 
          UH, THE REQUEST IS FOR A VARIANCE FOR THE LOT LAYOUT STANDARDS TO ALLOW FOR PRIMARY ACCESS AND FRONTAGE OF A SINGLE FAMILY RESIDENTIAL LOT ALONG AN ALLEY. 
          THE SUBJECT PROPERTY IS SITUATED IN THE MIDDLE OF THE BLOCK FACE ALONG BOOKER ALLEY. 
          THE APPLICANT SUBMITTED RESIDENTIAL BUILDING PERMITS TO THE CITY OF SAN ANTONIO IN ORDER TO BUILD NEW SINGLE FAMILY RESIDENCES. 
          UPON FURTHER REVIEW BY COSA STAFF, IT WAS NOTICED THAT THE LOT FRONTAGE WOULD NEED TO BE ALONG BOOKER ALLEY IN ORDER TO CONTINUE WITH THE PROJECT. 
          UH, VARIANCE IS NEEDED. 
          THE FIRE MARSH MARSHAL'S OFFICE REVIEWED AND APPROVED AN ADMINISTRATIVE VARIANCE, A EVR FOR THE SECTION 5 0 6 E SEVEN B REQUIREMENT REGARDING MINIMUM PAVED ALLEY WIDTHS. 
          THE AE VR WAS APPROVED WITH THE CONDITION THAT THE STRUCTURE WILL HAVE A WET PIPE FIRE SPRING COOLER SYSTEM DESIGNED AND INSTALLED IN ACCORDANCE WITH THE NATIONAL FIRE PROTECTION ACT. 
          UH, NATIONAL FIRE PROTECTION ASSOCIATION 13 D STANDARDS. 
          THE RESIDENT IS ALSO WITH 150 FEET OF A FIRE STATION, WHICH STRENGTHEN, STRENGTHEN THE CASE. 
          THIS IS THE OHP SUMMARY. 
          THE PROPERTY IS LOCATED WITHIN THE DIGNITY HILLS HISTORIC DISTRICT. 
          ANY EXTERIOR MODIFICATIONS ON NEW CONSTRUCTION WILL REQUIRE APPROVAL FROM THE OFFICE OF HISTORICAL PRESERVATION. 
          APPROVAL OF A SITE PLAN OR MATERIALS SUBMITTED AS PART OF A VARIANCE APPLICATION DOES NOT SUPERSEDE ANY REQUIREMENTS FOR DESIGN REVIEW OUTLINED IN ARTICLE VIA OF THE UNIFIED DEVELOPMENT CODE ON MAY 7TH, 2025. 
          THE HISTORIC AND DESIGN REVIEW COMMISSION APPROVED THE REQUEST FOR CONSTRUCTION OF A 2.5 STORY SINGLE FAMILY RESIDENTIAL STRUCTURE AND A DETACHED TWO STORY ACCESSORY STRUCTURE ON SITE. 
          THIS IS THE SITE PLAN, THIS IS THE SUBJECT PROPERTY, AND THIS IS THE SURROUNDING AREA ALONG BOOKER ALLEY. 
          STAFF RECOMMENDS APPROVAL AND BO OA TWO SIX DASH 1 0 3 0 0 11 BASED ON THE FOLLOWING FINDINGS OF FACT THE PROPOSED SINGLE FAMILY RESIDENCE. 
          IT'S CONSISTENT WITH SURROUNDING RESIDENTIAL CHARACTER. 
          AND THE REQUEST HAS BEEN REVIEWED BY THE FIRE MARSHAL'S OFFICE AND APPROVED THROUGH AN A EVR FOR, UH, SUBSTANDARD STREET ACCESS WITH THE CONDITION THAT THE RESIDENCE BE EQUIPPED WITH A WET PIPE FIRE SPRINKLER SYSTEM IN ACCORDANCE WITH THE NFPA 13 D STANDARDS. 
          WE MAILED 28 NOTICES, UH, WE GOT TWO IN FAVOR AND, UH, WE GOT FIVE FROM OUTSIDE 200 FEET AND ONE IN OPPOSITION. 
          UH, THE N THE DIGNITY HILL NEIGHBORHOOD ASSOCIATION 
          [01:35:01]
RESPONDED IN OPPOSITION. 
          AND I'D LIKE TO POINT OUT WHEN WE GET TO THAT, THEY PUT THE WRONG DATE ON THERE , SO, OKAY. 
          JUST TO CLEAR UP ANY CONFUSION, THIS IS THE, UH, THE APPLICANT PROVIDED THE SUPPORT FOR THE VARIANCE AND THIS IS THE IN OPPOSITION. 
          THE, THEY PUT THE WRONG DATE. 
          I WENT AND DOUBLE CHECKED MY EMAIL. 
          OKAY. 
          AND THIS CONCLUDES STAFF'S PRESENTATION. 
          HA. 
          HAS THIS PROPERTY RECEIVED A COD FOR A PLAT EXCEPTION? I DON'T, I BELIEVE THEY DID. 
          LEMME DOUBLE CHECK. 
          AND THAT WOULD'VE COME TO US BECAUSE IT WAS UNDER 4,000 SQUARE FEET. 
          RIGHT. 
          OKAY. 
          SO WE'VE ALREADY SEEN THIS AT ONE TIME. 
          MAY, MAY WE SEE, UH, THE OPPOSITION LETTER FROM NUITY AGAIN AND MANNA. 
          SO HOW MANY PROPERTIES ARE IN THIS ALLEY THAT THAT WILL BE LEVERAGING IT? IS THIS THE ONLY ONE OR ARE THERE FACING THE ALLEY FACING THE, YEAH, SO HOW MANY PROPERTIES ARE OFF THE, THE ALLEY? I THINK THERE'S ONE OTHER FACING THE ALLEY, SO, OKAY. 
          YEAH. 
          SO I'M, I'M, I'M GONNA HAVE TO, UH, EXPRESS MY OPPOSITION TO THIS CASE, EVEN BEING BEFORE THE BOARD TODAY. 
          UM, SO I SENT AN EMAIL, UH, TO A, A BUNCH OF PEOPLE ON FEBRUARY 19TH WHEN THIS WAS FIRST PUT ON THE AGENDA. 
          AND MY ISSUE WITH IT IS, IS THAT THERE ARE SOME PARTS OF THIS CODE WHERE THERE'S A, A CONFLICT. 
          IT COMES TO US FIRST IF THERE'S OTHER PARTS OF THE CODE WHERE IT GOES TO YOU GUYS FIRST, AND THEN IT COMES TO US AS AN APPEAL. 
          AND SO THE SECTION OF CODE THAT I PERSONALLY THINK, UH, THAT APPLIES TO THIS CASE FOR THE BENEFIT OF THE BOARD IS, UH, AND THIS IS REGARDING SITES THAT ALREADY EXIST. 
          SO THERE ARE PARTS OF THE CODE THAT TALK ABOUT SITES THAT ARE, YOU'RE TRYING TO BUILD OR YOU'RE TRYING TO SUBDIVIDE OR YOU'RE TRYING TO DO WHATEVER THE CODE THAT THAT APPLIES TO. 
          THIS IS 35 5 0 6 D NINE B ONE, WHICH STATES WHERE PLATTED PROPERTY OR PROPERTY MEETING A PLAT EXCEPTION, LIKE ONE WHO HAS A COD UNDER, UH, IS ADJACENT TO OR CONTENTIOUS TO AN EXISTING PUBLICLY MAINTAINED STREET. 
          THIS ALLEY AND THE PAVEMENT CROSS SECTION OF THE EXISTING STREET IS LESS THAN THE MINIMUM REQUIRED FOR THE DEVELOPMENT ACCESSING THE EXISTING STREET. 
          NO PERMIT FOR THE PROPERTY SHALL BE ISSUED OR ANY UTILITY CONNECTED UNTIL THIS HAS, YOU KNOW, BEEN REMEDIED. 
          THAT SECTION OF THE CODE IS SUPPOSED IS SUBJECT TO AN A VER, WHICH IF GOT DENIED, SHOULD THEN COME TO US SINCE STAFF IS AN APPROVAL OF THIS. 
          I'M CURIOUS WHY STAFF DIDN'T JUST ISSUE AN A VER AND I HAVE THIS COME HERE IN THE FIRST PLACE. 
          I'M ALSO INTERESTED IF THERE WAS A COD TO BUILD A HOME. 
          WHY WASN'T, IF IF, IF THEY FELT LIKE STAFF FELT LIKE THIS SHOULD HAVE COME TO US, THEY SHOULD HAVE BEEN GROUPED UNDER THAT SAME APPLICATION. 
          AND THIRDLY, IF THEY ALREADY RECEIVE AN A VR FOR THE WIDTH, DOESN'T THAT ALREADY MAKE THIS ISSUE GO AWAY? AND I DON'T WANT TO GET INTO THE HABIT OF THINGS THAT SHOULDN'T BE COMING HERE, COMING HERE. 
          WE ALREADY HAVE ENOUGH TO DO. 
          SO I'M JUST PUTTING THAT OUT THERE. 
          I WOULD LOVE TO HEAR SOMEBODY TO TELL ME OTHERWISE. 
          SO I'M NOT SURE I CAN TELL THE CHAIRMAN OTHERWISE , HOWEVER, OKAY. 
          I CAN STATE THAT, UH, THE RECOMMENDATION TO COME TO THIS BODY WAS DUE TO THE CODE SECTION 35 5 15 C4 MM-HMM . 
          WHICH THE CODE SAYS MUST GO TO THE BOA, RIGHT. 
          DOES NOT GIVE US ADMINISTRATIVE AUTHORITY. 
          AND UM, IT WAS CONSTRUED THAT BECAUSE THE LOT DOES NOT HAVE FRONTAGE ON A PUBLIC OR PRIVATE STREET OR A PLATTED IRREVOCABLE INGRESS, EGRESS EASEMENT, THAT IT WAS NOT IN CONFORMANCE WITH THAT SECTION. 
          THE A VR THAT WAS APPROVED WAS FOR THE SECTION 5 0 6 E SEVEN B, UH, NOT BEING IN CONFORMANCE WITH A FIRE ACCESS. 
          AND THE FIRE MARSHAL WAITED ON THAT ONE AND THAT THEY WERE SO CLOSE TO THE FIRE STATION. 
          HE SAID THEY DIDN'T EVEN HAVE TO ROLL A TRUCK, THEY COULD DRAW HOSE. 
          SO THAT WAS THE REASON FOR THE AV R TO BE APPROVED. 
          AND THAT WAS THE REASON THAT, THAT WE BROUGHT FORTH THE BEARINGS REQUEST TO THIS BODY. 
          SO, AND I, I UNDERSTAND, UM, MY, UH, PRIME CONFLICT WITH THE USE OF ANY SECTION OF FIVE 15 IS THAT IT'S ENTITLED LOT LAYOUT REGULATIONS. 
          IT'S SUPPOSED TO APPLY WHEN YOU'RE LAYING OUT A LOT OR CREATING A LOT OR MODIFYING A LOT. 
          IT'S NOT SUPPOSED TO BE FOR EXISTING, UH, ELEMENTS THAT HAVE EXISTED PRIOR TO 2005 UNDER THE COD EXCEPTION, I, I STILL DON'T AGREE THAT THIS SHOULD COME HERE AND THIS SOUNDS LIKE SOMETHING WE CAN POSSIBLY ADD TO A UDC AMENDMENT IN THE NEXT YEAR WHEN THIS COMES UP TO AVOID THIS SORT OF THING HAPPENING. 
          [01:40:01]
SO IF, UM, I JUST WANTED TO PUT THAT OUT THERE. 
          AND THEY DID RECEIVE A COD IN 2023. 
          OKAY. 
          UNA COMMISSIONER UNA. 
          SO, SO WHAT IS THE CHAIR'S RECOMMENDATION REGARDS TO THE MOTION? WELL, I HAVE TO TELL YOU IT'S, I, I, I WANT TO BE FAIR TO THE APPLICANT HE'S HERE, MONEY HAS BEEN SPENT, UH, WHETHER I AGREE WHETHER THEY SHOULD BE HERE OR NOT, UM, I DON'T WANT TO DO ANY, I PERSONALLY WANTED TO JUST ABSTAIN BECAUSE I DON'T FEEL COMFORTABLE WITH THIS EVEN BEING BEFORE THE BOARD. 
          BUT ON THE OTHER HAND, UM, I DON'T THINK THAT THERE'S GOING TO BE ANY HARM TO VOTING ON THIS JUST TO MAKE THIS MOVE ALONG. 
          I PERSONALLY THINK IT SHOULD GO BACK TO STAFF FOR AN A UVR UNDER THE SECTION I READ. 
          BUT, UM, JUST TO, IF, IF I THINK THIS IS GONNA BE ADDRESSED IN THE NEXT YEAR THROUGH A UDC CLARIFICATION. 
          UH, I DON'T, I DON'T MIND MOVING FORWARD JUST FOR THE SAKE OF THE APPLICANT AT THIS POINT. 
          MANA DEAR MR. MANNA. 
          AND ALSO, I DO HAVE A QUESTION. 
          'CAUSE DITY HILL STATES HERE THAT THE CITY WAS IN OPPOSITION AS THEIR OPENING STATEMENT. 
          AND SO, UM, WAS THE CITY IN OPPOSITION AT ONE POINT OR DID THEY MISUNDERSTAND? WE WERE ORIGINALLY IN OPPOSITION, UM, WHEN IT FIRST CAME TO US. 
          UM, THIS IS THE UPDATED AFTER WE REVIEWED THE A VR DONE BY THE FIRE MARSHAL AND THE TRAFFIC DEPARTMENT INPUT, DID THE CITY GET BACK WITH DIGNITY HILL TO EXPLAIN, UH, THAT THEIR POSITION HAD CHANGED? UM, YOU KNOW, SO THEY MAY HAVE REVIEWED IT DIFFERENTLY. 
          UH, NOTHING BESIDES THE PUBLISHED, UH, STAFF REPORT THAT WE PUT ONLINE IN THE AGENDA. 
          EZ FOR THE CITY COMMISSIONER EZ, UH, FOR FIVE 12 BOOKER ALLEY, WAS THERE VARIANCE REQUESTED FOR THAT BUILD? WHEN I, UH, LOOKED, I DID NOT SEE ONE. 
          HOW DID THEY GO THROUGH ABOUT GENTLEMAN WANTS TO DO? WHAT, WHAT PROCESS DID THEY GO THROUGH? WAS IT JUST HAVING A COD AND KIND OF LIKE WHAT THE COMMISSIONER WAS SAYING? WELL, THE C-A-C-O-D IF IT, IF IT MEETS, IF IT, IF IT DOESN'T QUALIFY FOR THIS IS NOT PLATTED AND THIS IS NOT PLATTED. 
          UM, IT WAS ACTUALLY, I TAKE THAT BACK. 
          IT WAS PLATTED IN THE CITY CLERK'S RECORD, UH, BACK IN, UH, IN CIVIL, UH, ENGINEERING SURVEY BOOK NUMBER THREE BACK IN THE 1800, LATE 18 HUNDREDS. 
          IT WAS PLATTED THE WAY PLATTING OCCURRED BACK THEN, UH, WHICH IS, THERE IS RECOGNITION UNDER THE, UNDER THE, UH, UNDER THE CITY CODE FOR THOSE EXEMPTIONS. 
          SO IT MOST LIKELY WOULD'VE QUALIFIED FOR CCOD IF IT MET ALL THE EXEMPTIONS LIKE THIS PROPERTY HAD, UH, IF IT WAS CREATED BEFORE OH FIVE AND ALL THAT GOOD STUFF. 
          UM, THERE, THERE'S SOME, THERE'S SOME ISSUES THAT I THINK OUR BOARD NEEDS TO LOOK AT UNDER THE, LIKE FOR EXAMPLE, THE, THE FIRE DEPARTMENT VARIANCE THAT THE SECTION THAT WAS GRANTED UNDER, ACTUALLY THE PREAMBLE OF THAT SAYS FOUR DEVELOPMENTS GREATER THAN 125 LOTS. 
          THERE'S NOT EVEN 2020 DEVELOPMENTS ON THIS WHOLE BLOCK. 
          AND SO THERE'S, THERE'S PARTS OF THIS CODE WHERE STAFF IS TRYING TO DO THE RIGHT THING AND TRYING TO DO WHAT'S GOOD FOR THE COMMUNITY, BUT MAYBE THE CODE ISN'T AS CLEAR AS TO THAT MECHANISM AND WHO LOOKS AT WHAT, WHAT TIMING AND ALL THAT GOOD STUFF. 
          SO CHAIR, THIS IS IVANIA. 
          YES. 
          COMMISSIONER BON. 
          UM, I JUST WANT TO CLARIFY THAT THE, WHAT WE ARE VOTING ON IS THAT A PRIMARY ACCESS TO THIS CONSTRUCTION IS ALLOWED ON THIS, UH, ALLEY. 
          THAT'S WHAT WE'RE, THAT'S WHAT WE WOULD VOTE ON TODAY. 
          WE'RE, BECAUSE IT IS SUBSTANDARD. 
          RIGHT? AND THAT IS, AND THIS IS, THIS HAPPENS IN A LOT OF THE CRAG AND IT IS SUBSTANDARD BECAUSE OF WHY THE WIDTH. 
          THE WIDTH MM-HMM . 
          YEAH, THERE'S A, THERE'S A COUPLE OF REASONS. 
          LIKE FOR EXAMPLE, YOU HAVE TO HAVE, UH, LIKE GARBAGE PICKUP, THEY WANT 15 FEET OF WIDTH TO DO GARBAGE PICKUP. 
          IF YOU'RE GONNA HAVE TWO WAY TRAFFIC, I BELIEVE IT'S 20 AND MAYBE STAFF CAN CORRECT ME ON THIS. 
          IT'S EITHER 22 OR 24 FEET FOR TWO WAY TRAFFIC MINIMUM ON AN ALLEY FOR THE WIDTH OF THE, OF THE ALLEY. 
          YES. 
          BUT THIS ALLEY IS 20 FEET, RIGHT? THIS ALLEY IS 15 FEET. 
          WHO 13 FEET PAVED. 
          OKAY. 
          SO ONE ISSUE, A BIG ISSUE IS FIRE PROTECTION. 
          SO FOR EXAMPLE, IF A FIRETRUCK IS GOING DOWN, UM, AN ABBREVIATED ENTRY, THEY WANT AT LEAST A 14 FOOT MINIMUM. 
          BUT THIS IS AN ENTIRE STRETCH. 
          THAT'S WHY THEY NEGOTIATED A, A SPRINKLER SYSTEM AND, AND IT'S WITHIN 150 FEET OF HOSE LAKE. 
          'CAUSE THERE'S A HYDROGEN AND A FIRE STATION LIKE RIGHT ACROSS THE WAY THERE. 
          BUT, UM, YOU KNOW, SO THERE WAS SOME NEGOTIATION TO MAKE SURE IT'S SAFE. 
          AND THE CITY FOR SOME CASES WOULD TAKE A EASEMENT, WOULDN'T THEY? WELL, THEY DON'T, THEY DON'T HAVE THE FULL CONNECTION TO THE CORNER. 
          THEY'RE IS, THEY'RE AN ISOLATED PIECE AND SO, SO THAT'S WHY THEY WOULDN'T THEN. 
          YEAH, THIS, THIS 
          [01:45:01]
ALLEY, LIKE I SAID, IT 18 HUNDREDS AND THEN IT WAS BROKEN UP FURTHER. 
          UM, THE, THE WAY THEY USED TO DO THAT, IT USED TO GO DOWN AND DO IT BY HAND. 
          YOU KNOW, THIS IS OLD EARLY 1900 KIND OF STUFF. 
          AND SO IT'S JUST WHERE WE'RE AT TODAY. 
          I'M READY TO HEAR THE APPLICANT. 
          IS THAT THE APPLICANT BOARD? PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT. 
          ADRIANA ZIKA WITH THE ZIKA A ARCHITECTURE STUDIO AND WE'RE THE ARCHITECT ON THE PROJECT. 
          UM, SO YES, THERE, THERE'S BEEN A LOT OF BACK AND FORTH BETWEEN US AND THE CITY. 
          UH, WE GOT THE A VR WITH FIRE. 
          UH, WE HAD BEEN ISSUED SCOD IN BACK INTO MARCH OF 2023. 
          AND AS PART OF THE PLAN REVIEW PROCESS, THE CITY DETERMINED THAT IT HAD BEEN ISSUED AN ERROR BECAUSE OF THIS ISSUE WITH THE WIDTH OF THE ALLEY. 
          UM, SO IN ORDER FOR THE COD TO BECOME VALID, WE NEED, UM, WE NEEDED A VARIANCE TO ADDRESS THE SITUATION OF THE ALLEY. 
          UM, AND LIKE, UM, COMMISSIONER ORIAN WAS SAYING IT'S THE, THE PROPERTY IS IN THE MIDDLE OF THE, THE, THE BLOCK. 
          THERE'S NO ACCESS TO IT. 
          IT'S SURROUNDED BY HOUSES. 
          UM, IT, THAT IS THE ONLY ACCESS TO THE PROPERTY. 
          UM, SO WE BELIEVE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE IF THE VARIANCE IS APPROVED, IT WILL NOT IMPACT THE GENERAL WELLBEING OF THE PUBLIC OR ANY ADJACENT NEIGHBORS. 
          UM, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A UNNECESSARY HARDSHIP. 
          THE PROPERTY EXISTED IN ITS CURRENT CONFIGURATION BEFORE A CLIENT PURCHASED THE PROPERTY. 
          IT IS THE ONLY PROPERTY THAT FACES BOOKER ALLEY ON THIS BLOCK. 
          THERE IS NO OTHER MAIN ACCESS TO THE PROPERTY BESIDES THROUGH BOOKER ALLEY AND IT IS SURROUNDED BY EXISTING HOUSES. 
          A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RENDER THE PROPERTY UNUSABLE AND UNBUILDABLE BY GRANTING THE VARIANCE THE SPREAD OF THE ORDINANCE WOULD, WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          UM, SINCE BOOKER ALLEY IS NOT WIDE ENOUGH TO BE IMPROVED TO ALLOW EMERGENCY ACCESS TO THE PROPERTY, ALL PROPOSED STRUCTURES WILL BE EQUIPPED WITH A FIRE SPRINKLER SYSTEM. 
          UM, THIS IS IN ADDITION TO THE PROXIMITY OF THE PROPERTY TO THE FIRE STATION ACROSS THE STREET, UM, WHICH HAS BEEN, UM, NEGOTIATED WITH THE FIRE DEPARTMENT THROUGH THE A A VR. 
          UM, SUCH VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USERS USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE SUBJECT PROPERTY IS LOCATED. 
          IF APPROVED, THE VARIANCE WILL NOT CHANGE THE USE OF THE PROPERTY. 
          UM, 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 VARIANCE WILL NOT CREATE A NEGATIVE IMPACT ON ADJACENT PROPERTY OWNERS. 
          IT WON'T AFFECT THE USE OF THEIR PROPERTY OR NEGATIVELY CHANGE. 
          THE SURROUNDING BUILT ENVIRONMENT AS HAVING HOUSES OFF OF ALLEYS IS NOT UNCOMMON WITHIN URBAN NEIGHBORHOODS, ESPECIALLY WITHIN THE DEITY HILL HISTORIC DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE PROPERTY HAS UNIQUE CHARACTERISTICS DUE TO ITS LOCATION AND ITS FRONTAGE ON BOOKER ALLEY. 
          IT IS THE ONLY LOT FACING BOOKER ALLEY. 
          AND DUE TO THESE CHARACTERISTICS WHICH ARE IN INNATE TO THE PROPERTY AND FROM WHICH THE HARDSHIP ARISES, WE REQUEST THE BOARD TO CONSIDER OUR CASE AND APPROVE OUR VARIANCE. 
          ALL RIGHT, THANK YOU. 
          UH, ANY QUESTIONS FROM THE COMMISSION? ALL RIGHT. 
          UM, WE'LL SEE HOW THIS TURNS OUT. 
          I'M LOOKING FOR A MOTION. 
          THANK YOU. 
          AND THERE'S NO PUBLIC COMMENT. 
          OH, THANK YOU. 
          WHO WOULD LIKE TO MAKE A MOTION ON THIS ONE? I'M SORRY. 
          STATE MATT. 
          OH, COMMISSIONER REED. 
          OKAY. 
          REGARDING CASE NUMBER BO OA 2 6 1 0 3 0 0 0 1 1. 
          I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A VARIANCE FROM THE LOT LAYOUT STANDARDS TO ALLOW FOR PRIMARY ACCESS AND FRONTAGE OF A SINGLE FAMILY RESIDENTIAL LOT ON AN ALLEY SITUATED AT FIVE 10 BOOKER ALLEY. 
          APPLICANT BEING ZIKA ARCHITECTURE STUDIO PLLC. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE. 
          THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE ONLY ACCESS TO THIS LODGE IS THROUGH BOOKER ALLEY AND THERE IS CURRENTLY ANOTHER SINGLE FAMILY RESIDENCE FRONTING BOOKER ALLEY. 
          TWO. 
          DUE TO THE SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          SPECIAL CONDITION OF THIS PROPERTY IS THE LACK OF ACCESS TO THIS LOT FROM ANY OTHER STREET, CAUSING AN UNNECESSARY HARDSHIP TO BE ABLE TO BUILD ON THIS LOT. 
          THREE, BY GRANTING THE VARIANCE, THE SPIRIT 
          [01:50:01]
OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          SUCH VARIANCE WOULD BE IN THE SPIRIT OF THE ORDINANCE AS ALLOWING ACCESS TO THE LOT ALONG BOOKER RALLY WOULD ALLOW THE DEVELOPMENT OF THE, OF THE LOT FOR SINGLE FAMILY RESIDENTS. 
          FOUR. 
          THE VARIANCE WILL NOT AUTHORIZE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. 
          NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED AT 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. 
          GRANTING THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS AS THE OTHER SINGLE FAMILY RESIDENCES ALSO FROM BOOKER ALLEY SIX. 
          THE PLAY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE PLAY OF THE PROPERTY OWNER IS DUE TO THE UNIQUE CIRCUMSTANCES OF THE LOCATION, INCLUDING THE LACK OF ACCESS TO ANY OTHER RIGHT OF WAY BESIDES BOOKER ALLEY. 
          END A MOTION. 
          SECOND. 
          SECOND. 
          BY COMMISSIONER AMANDA. 
          COMMISSIONER REED. 
          UM, I, I'LL BE IN SUPPORT OF THIS. 
          I THINK, UH, THE APPLICANT HAS RECEIVED THE A A VR UM, FROM FIRE, WHICH IS THE BIGGEST CONCERN. 
          THERE'S OBVIOUSLY ANOTHER PROPERTY FACING BOOKER ALLEY DIRECTLY NEXT DOOR. 
          UH, I DON'T SEE ANY OTHER, UH, POTENTIAL SOLUTIONS HERE THAT WILL ALLOW THE OWNER TO TAKE FULL USE OF THIS PROPERTY. 
          COMMISSIONER MANON, I, I CAN GROW WITH MY COLLEAGUE, YOU KNOW, SO MY, YOU KNOW, MY CONCERN OF COURSE IS, YOU KNOW, UM, THE FIRE HEALTH AND FIRE SAFETY DIALOGUE AND YOU KNOW, I, I DO HAVE CONCERN OVER THIS PROPERTY, YOU KNOW, WITH REGARDS TO THAT AND UH, I FIND IT INCREDIBLE THAT THE FIRE DEPARTMENT ACROSS THE STREET WAS OKAY WITH THIS IN GENERAL BUT UM, YOU KNOW, THEY GAVE IT. 
          OKAY. 
          AND SO IF THEY'RE OKAY, I GUESS I'M GONNA BE OKAY. 
          . 
          ALRIGHT. 
          ANYONE ELSE LIKE TO ADD, UH, IN ESE? YEAH, I'LL BE IN FAVOR. 
          I THINK IT'S A BETTER USE OF THIS, UM, INFO LOT THAN WHAT'S CURRENTLY THERE NOW, SO. 
          ALRIGHT. 
          ALL RIGHT. 
          AND WITH THAT, LET'S HAVE ROLL CALL VOTE. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER ANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER IBANEZ. 
          I CONCUR. 
          COMMISSIONER DEAN, I CONCUR. 
          COMMISSIONER CRUZ. 
          I CONCUR. 
          COMMISSIONER BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER BEEZ? I CONCUR. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER? YES, I CONCUR. 
          COMMISSIONER VASQUEZ. 
          AYE CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF F*G. 
          MOTION PASSES. 
          11 TO ZERO. 
          CONGRATULATIONS. 
          WE WILL BE TAKING A SEVEN MINUTE BREAK. 
          SEE Y'ALL BACK AT 3 0 1, 3 0 5. 
          WE'RE BACK IN SESSION ITEM NUMBER EIGHT. 
          GOOD AFTERNOON. 
          ITEM NUMBER EIGHT IS BO OA DASH 25 DASH 1 0 3 0 0 2 5 5 LOCATED IN DISTRICT SEVEN ON 1 5 4 BABCOCK ROAD. 
          THE ZONING IS O2 AND THE REQUEST IS FOR ONE A 29 FOOT 11 INCH VARIANCE FROM THE MINIMUM 30 FOOT REAR AND 20 FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE WITH A 15 FOOT REAR SETBACK AND A BARBED WIRE FENCE WITH A ONE INCH REAR INSIDE SETBACK. 
          TWO. 
          A VARIANCE FROM THE UDC ACCESSORY STRUCTURE REGULATIONS TO ALLOW AN ACCESSORY STRUCTURE WITHIN THE REAR SETBACK OF A NON-RESIDENTIAL DISTRICT THAT ABUTS A RESIDENTIAL DISTRICT ON THE PROPERTY. 
          THERE IS AN EXISTING REAL ESTATE SERVICES OFFICES UNDER RENOVATION AND A FIRE DAMAGE ACCESSORY STRUCTURE, WHICH IS SLATED FOR DEMOLITION. 
          THE APPLICANT PROPOSES TO CONSTRUCT A STORAGE SHED TO HOUSE MATERIALS AND TOOLS USED FOR MINOR HOME IMPROVEMENTS ON CLIENTS' HOMES LISTED FOR SALE UDC STANDARDS PROHIBIT ACCESSORY STRUCTURES OTHER THAN CARPORTS WITHIN THE REAR, INSIDE SETBACK AREAS OF NON-RESIDENTIAL PROPERTIES, ABUTTING RESIDENTIAL PROPERTIES. 
          THEREFORE, THE APPLICANT IS REQUESTING VARIANCES TO ALLOW THE STORAGE SHED TO BE LOCATED AND USED WITHIN THE MINIMUM REAR SETBACK AREA. 
          ADDITIONALLY, THE PROPERTY OWNER MUST BE APPROVED FOR AN ADMINISTRATIVE VARIANCE TO KEEP EXISTING BARBED WIRE ALONG THE REAR INSIDE PROPERTY LINES. 
          THE POTENTIAL APPROVAL FOR SUCH BARBED WIRE IS CONDITIONAL ON THEIR BARBED WIRE COMPLYING WITH MINIMUM BUILDING SETBACK STANDARDS. 
          FOR THIS REASON, THE APPLICANT REQUESTS A REDUCTION OF THE REAR INSIDE SETBACK STANDARDS TO KEEP THE BARBED WIRE IN ITS CURRENT LOCATION. 
          THIS IS THE SITE PLAN. 
          THIS IS AN AERIAL VIEW OF THE SUBJECT PROPERTY. 
          THIS IS THE CURRENT VIEW OF THE SUBJECT PROPERTY 
          [01:55:03]
AND THIS IS THE SURROUNDING AREA. 
          STAFF RE IS DENIAL AND BO OA DASH 25 DASH 3 55 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE ACCESSORY STRUCTURES EXCEPT FOR CARPORTS ARE PROHIBITED WITHIN THE SIDE AND REAR SETBACK AREAS OF NON-RESIDENTIAL DISTRICTS ADJACENT TO A RESIDENTIAL DISTRICT. 
          TWO. 
          THE REDUCED SEPARATION MAY ADVERSELY IMPACT THE ADJACENT LOTS, ESPECIALLY WHERE A POTENTIALLY HARMFUL MATERIAL SUCH AS BARBED WIRE IS UTILIZED. 
          STAFF MAIL 18 NOTICES ONE WAS RECEIVED IN FAVOR, ZERO RECEIVED IN OPPOSITION. 
          NO RESPONSE FROM THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION AND MAVERICK NEIGHBORHOOD ASSOCIATION IS OPPOSED. 
          THIS IS THE RESPONSE RECEIVED IN SUPPORT AND THIS IS THE RESPONSE FROM MAVERICK NEIGHBORHOOD ASSOCIATION RECEIVED IN OPPOSITION. 
          THIS CONCLUDES STAFF'S PRESENTATION. 
          ALL RIGHT, THANK YOU VERY MUCH. 
          IS THAT THE APPLICANT COME FORWARD? HOW YOU DOING, TELL US YOUR NAME AND TELL US ABOUT YOUR PROJECT. 
          HELLO? HELLO, MY NAME IS GUSTAVO SANGO. 
          UM, GILBERT WASN'T ABLE TO MAKE IT. 
          HE WAS THE APPLICANT, BUT I'M THE OWNER OF THE PROPERTY. 
          UM, WE ARE LOOKING FOR THE, THE 15 FOOT VARIANCE. 
          ORIGINALLY WE WANTED 10, BUT WHEN WE CAME, UM, WE, UM, Y'ALL WANTED US TO GET WITH THE MAVERICK ASSOCIATION TO SEE IF WE WOULD AGREE, WHICH WE DID. 
          WE WERE ABLE TO HAVE A MEETING, LIKE A SUCCESSFUL MEETING WITH THEM. 
          AND, UM, WE WERE BE ABLE TO COME TO AN AGREEMENT AT 15. 
          OKAY. 
          AND WE'RE LOOKING FOR THE, THE VARIANCE JUST 'CAUSE IT WOULD HELP US OUT A LOT WITH THE, IF WE WERE TO PUT IT AT A 30, IT WOULD JUST TAKE SO MUCH SPACE BACK THERE AND THEN WE'LL HAVE THAT, THAT WHOLE BACKSIDE OF IT, YOU KNOW, EMPTY. 
          SO WE WERE LOOKING FOR IT AT A, AT A 15. 
          DO YOU HAVE ANYTHING FROM, FROM MAVERICK? IS THE ONLY DOCUMENTATION I'M SEEING IN THE FILE IS UM, THEY'RE ACTUALLY PRESENT. 
          OH, OKAY. 
          THEY'LL BE SPEAKING. 
          ALRIGHT. 
          MAY I? YES. 
          COMMISSIONER MADA. 
          AND, AND SO WE, UM, WHY WAS THIS POSTPONED LAST OR THAT THIS, WE HAD THIS LAST WEEK AND WAS POSTPONED OR, OR CONTINUED? YES. 
          YES. 
          I BELIEVE IT IS TO PROVIDE MORE TIME TO SPEAK WITH THE NEIGHBORHOOD ASSOCIATIONS. 
          OKAY. 
          OKAY. 
          THANK YOU. 
          ALL RIGHT. 
          WELL I'D LOVE TO HEAR FROM THE NEIGHBORHOOD ASSOCIATION. 
          YES, SIR. 
          THANK YOU. 
          APPRECIATE YOU. 
          IS, UH, DID THEY SIGN UP TO SPEAK OR? WE HAVE ONE, UH, SPEAKER, MS. MALDONADO. 
          ALL RIGHT. 
          PLEASE STATE YOUR NAME FOR THE RECORD AND TELL US WHAT HAPPENED. 
          BIANCA MALDONADO, PRESIDENT OF THE MONTICELLO PARK NEIGHBORHOOD ASSOCIATION. 
          SO YOU HAVE A LETTER FROM MAVERICK AND THE APPLICANT MET WITH MONTICELLO PARK, SO HE MET WITH US. 
          UM, AND NO, THANK YOU FOR ALLOWING TIME FOR THE APPLICANT TO MEET WITH US TO DISCUSS THESE, UM, REVISED SETBACK REQUESTS PER THE SITE PLAN THAT'S BEING PROVIDED TO YOU BEFORE YOU. 
          UM, HE'S ALSO REMOVED THE, UH, FIRE DAMAGED ACCESSORY STRUCTURE THAT WAS ON THE PROPERTY THAT YOU SAW THAT HUGE AMOUNT OF DEBRIS THAT WAS BEHIND THERE. 
          WE HAD A LOT OF CONVERSATIONS ABOUT MAINTENANCE AND BEING GOOD NEIGHBORS AND WE FEEL LIKE WE'RE AT A BETTER PLACE NOW. 
          I DON'T KNOW THAT MAVERICK HAD THAT SAME OPPORTUNITY TO ENGAGE WITH THE PROPERTY OWNER. 
          I DID REACH OUT TO MR. FONSECA AND DIDN'T HEAR BACK FROM HIM. 
          UM, BUT WE DID MEET WITH THEM BECAUSE WE HAVE PROPERTIES THAT ARE TWO, TWO PARCELS DOWN FROM THIS PROPERTY HOMES THAT BACK UP TO THE STRUCTURE. 
          SO IT WAS IMPORTANT BASED ON THE HISTORY OF THAT THERE HAD BEEN FIRES ON THIS PROPERTY, THERE HAD BEEN A NEW OWNER, UM, AND THEN OF COURSE A LOT OF TRESPASSING ACTIVITY. 
          SO WE'RE HOPEFULLY THAT THOSE CONDITIONS HAVE RESOLVED THEMSELVES, UM, WITH BEING A MORE PROACTIVE OWNER AND ENGAGEMENT IN THE COMMUNITY. 
          SO THANK YOU FOR THE EXTRA TIME. 
          I ALSO WANT TO MAKE SURE THAT I POINT OUT THAT IT'S IMPORTANT THAT AS YOU MOVE FORWARD WITH NO LONGER HAVING VOICEMAILS, THAT YOU ENSURE BOARD OF ADJUSTMENT STAFF IS ADEQUATELY ENGAGING WITH FOLKS WITHIN A 200 FOOT RADIUS. 
          BECAUSE I INDICATED BACK IN JANUARY WHEN WE MET, I HAD REACHED OUT TO THE NEW CASE MANAGER OF RECORD AND DID NOT RECEIVE A REPLY. 
          AND SO I KNOW THE CASE MANAGER OF RECORD SINCE YOU CONTINUED THE CASE TWO WEEKS AGO, REACHED OUT TO MAVERICK BUT DID NOT REACH OUT TO US. 
          SO THERE'S JUST AN INCONSISTENCY AND IF STAFF CHANGES THEIR RECOMMENDATIONS JUST LIKE HAPPENED IN THE LAST CASE AND ACTUALLY HAPPENED IN THIS CASE, THE NUMBER OF ITEMS THAT THEY NEED VARIANCES FOR, YOU KNOW, TO DEFER BACK TO GO LOOK AT SA SPEAK UP TO EVERYBODY, THAT'S NOT ENGAGEMENT IF YOU'RE A REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. 
          SO IF YOU COULD JUST ASK STAFF, I KNOW YOU HAVE THE ABILITY TO DO THAT FOR CASES WHEN THERE ARE INDIVIDUALS WHO ENGAGE WITH THEM AND THE CASE CONTINUES ON TO ENSURE THAT THEY'RE ENGAGING AND COMMUNICATING WITH THOSE REGISTERED NEIGHBORHOOD ASSOCIATIONS WITHIN 200 FEET. 
          WE WOULD GREATLY APPRECIATE IT FOR ALL THE NEIGHBORHOODS THAT ARE OUT THERE. 
          AND THANK YOU FOR YOUR SERVICE AND THANK YOU FOR YOUR TIME. 
          THANK YOU MANNA. 
          MR. MANNA. 
          SO ONE OF THE QUESTIONS HERE IS THE BARBED 
          [02:00:01]
WIRE. 
          SO WE TALKED ABOUT THE PLACEMENT, YOU'RE OKAY WITH THE BARBED WIRE AS WELL? WE DIDN'T DISCUSS THE BARBED WIRE TO BE HONEST. 
          AND I WILL TELL YOU I'M NOT REALLY IN FAVOR OF THE BARBED WIRE JUST BECAUSE THERE IS AN APARTMENT COMPLEX ON THE BACK AND THERE ARE CHILDREN IN THE AREA. 
          THERE IS A PARKING LOT THAT ABUTS THE ENTIRE BACKSIDE OF THIS PROPERTY AND THE PROPERTIES AROUND THIS ADJACENT PROPERTY. 
          SO I APOLOGIZE, SIR, THAT WE DID NOT DISCUSS THAT. 
          UM, I FORGOT THAT THAT WAS REQUESTED AND I DON'T KNOW IF THAT CHANGED FROM THE ORIGINAL NOTIFICATION. 
          SO WE ORIGINALLY, THERE WERE THREE VARIANCE REQUESTS ON THIS ONE. 
          IT WAS INITIALLY NOTICED AND IT DID CHANGE. 
          SO ONCE AGAIN, THE COMMUNICATION ON HOW THAT EVOLVES. 
          SO, UM, JUST WE WERE AT TWO AND THEN IT WENT TO THREE AND NOW WE'RE BACK AT TWO. 
          BUT I WOULD SAY NO BARBED WIRE WITH ALL DUE RESPECT JUST BECAUSE THERE'S A MULTI-FAMILY UNIT WITH CHILDREN AND THERE'S A BASKETBALL SET UP ON THE NEXT PROPERTY NEXT DOOR, THE BAKERY NEXT DOOR TO YOU, THAT FRONTS BABCOCK. 
          SO, UM, AND THE PICTURES ON THE FILE, THE, THE PICTURE WITH THE BASKETBALL COURT THAT, IS THAT ON THE SUBJECT PROPERTY? YES. 
          IS THAT ON YOURS? YES, THAT'S ON MY PROPERTY. 
          OKAY. 
          WHERE IS THE, WHERE IS THE BARBED WIRE IN RELATION TO THIS PICTURE? LEMME SEE IT RIGHT THERE. 
          IT'S AGAINST THAT BACK FENCE WHERE THAT, UH, TRASH CAN THING IS THAT'S THE APARTMENT COMPLEX. 
          IT USED TO BE AN AFFORDABLE HOUSING TAX CREDIT DEVELOPMENT, BUT IT STILL WOULD QUALIFY AS AN AFFORDABLE HOUSING BASED ON THEIR RENTAL RATES THAT ARE THERE. 
          IT'S PROBABLY, UM, IT'S PARK OF THE AUTO, IT'S BEEN OPERATIONAL FOR ABOUT 45 YEARS. 
          OKAY. 
          SO THERE ARE A LOT OF KIDS THAT JUST PLAY BACK THERE IN THAT, BECAUSE THERE'S NOT A LOT OF PEOPLE THAT PARK UP AGAINST. 
          IF YOU GO BACK TO THE AERIAL OVERVIEW, YOU'LL SEE THERE'S HEAD, HEAD END PARKING ALL ALONG THAT REAR PROPERTY LINE AND, BUT NOBODY REALLY PARKS THERE. 
          AM I SEEING THIS RIGHT? IT LOOKS LIKE THE BARBED WIRE WAS CREATED NOT BY TYPICAL METAL POST, BUT IT'S JUST SOMETHING THAT WAS BOLTED ONTO THE TOP OF THE WOOD POST. 
          YES. 
          OKAY. 
          ALL RIGHTY. 
          SO THE APPLICANT COME BACK UP. 
          IS THERE ANY QUESTIONS FOR THE APPLICANT FROM THE COMMISSION? HOW IMPORTANT IS THE BAR BAR? IT, IT'S, TO ME IT'S NOT, I WAS TRYING TO BE A, A GOOD NEIGHBOR TO OUR, THE LAW FIRM THAT'S ON THE SIDE OF US 'CAUSE OF ALL THE HOMELESS ACTIVITY AND SHE'S, SHE REALLY ASKED LIKE, OH, IT WOULD BE REALLY GREAT, LIKE TO HELP US OUT WITH THE, THE ACTIVITY THAT WE WOULD, UM, ON THIS PICTURE, THE BARBED WIRE ON THE LEFT SIDE IS BACKING THE NAP. 
          THE APARTMENT, YEAH. 
          ON THE LEFT SIDE DOES JUST LIKE ABOUT BUT THAT BACKS OF THE APARTMENT? YES, BUT THE BARBED WIRE THAT'S, THAT'S BEHIND THAT REDDISH, UH, BUILDING, THAT'S UHHUH, BUT THE LAW FIRM THAT'S BETWEEN ME AND THE LAW FIRM, YES. 
          OKAY. 
          IS IT, IS THERE, IS ANY PART OF THIS MOTION FOR STAFF, IS ANY PART OF THIS MOTION REGARDING THE BARBED WIRE, UM, NEXT TO THAT RED BUILDING OR IS IT SOLELY DEALING WITH THE BARBED WIRE LINE THAT RUNS ALONG THE APARTMENT COMPLEX? I THINK IT'S JUST THE APARTMENT COMPLEX, RIGHT? THIS IS FOR THE REAR OF THE PROPERTY. 
          UM, I BELIEVE BRONTE IS THAT THE ONLY, UH, PORTION THAT WE'RE, SO IF WE LEFT OFF THE BARBED WIRE PORTION OF THE MOTION, IT'S NOT GONNA HAVE ANY IMPACT ON THE STATUS OF THE ONE NEXT TO THE RED BUILDING NEXT TO THE LAW FIRM FOR THE, THE ONE ON THE RIGHT CHANGING VAN. 
          IT'D BE ON THE LEFT SIDE ON THE PICTURE THAT'S UP RIGHT NOW. 
          YEAH, THAT, SO THAT WOULD BE, UM, AGAINST, UH, COMMERCIAL, NOT RESIDENTIAL. 
          SO THERE WOULDN'T BE ANY SETBACK REQUIREMENTS ON THAT ONE. 
          OKAY. 
          SO KEEP PAUL ON THAT SIDE. 
          YEAH. 
          JUST TO LET EVERYONE KNOW WHOEVER READS A MOTION. 
          WELL. 
          ALL RIGHTY. 
          IF THERE'S ANY, NOTHING ELSE, IS THERE ANY VOICEMAILS? NO VOICEMAILS. 
          ALL RIGHT. 
          LOOKING FOR A MOTION. 
          OU COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 25 DASH 0 3 0 2 55, I MOVE THAT THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR ONE A 29 FOOT 11 INCH VARIANCE FOR THE MINIMUM REQUIRED 30 FOOT REAR AND 20 FOOT SIDE STEP BACK TO ALLOW AN ACCESSORY STRUCTURE WITH THE 15 FOOT REAR SETBACK. 
          AND TWO, A VARIANCE FROM THE UDC ACCESSORY STRUCTURE REGULATIONS TO ALLOW AN ACCESSORY STRUCTURE WITHIN THE REAR SETBACK OF A NON-RESIDENTIAL DISTRICT THAT ABUTS A RESIDENTIAL DISTRICT SITUATED AT 1 54 BPAC ROAD, APPLICANT BEING BILL GILBERT. 
          UH, VAGAS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. 
          SPECIFICALLY FIND THAT WHEN THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, THE PROPOSED SETBACK WOULD NOT, WOULD PROVIDE ADEQUATE SPACING FOR THE ADJACENT MULTIFAMILY RESIDENTIAL USE. 
          TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          A LITERAL ENFORCEMENT OF THE SETBACK STANDARDS WOULD RESULT IN UNNECESSARY HARDSHIP AS IT WOULD PREVENT THE REASONABLE AND FUNCTIONAL USE OF THE REAR YARD FOR ANY PURPOSE. 
          UH, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED WITH THE REDUCTION OF THE REAR SETBACK AS THERE WOULD BE ADEQUATE SEPARATION BETWEEN THE ACCESSORY STRUCTURE AND THE RESIDENTIAL. 
          LOT LIES TO PROTECT NEIGHBORS FROM NEGATIVE IMPACTS SUCH INDIVIDUAL OBSTRUCTION, NOISE OR LOSS 
          [02:05:01]
OF PRIVACY. 
          FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT. 
          AND THE VARIANCES LOCATED NO USES OTHER, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS VARIANCE. 
          FIVE. 
          SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PRO PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          UH, GRANTING ITS VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE CONFORMING PROPERTY TO THE REAR AS THERE WAS ADEQUATE SEPARATION BETWEEN COMMERCIAL AND RESIDENTIAL USES. 
          AND SIX APPLIED TO THE OWNER OF THE PROPERTY FOR, TO THE VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. 
          THE DISTRICT IN WHICH THE PROPERTY IS LOCATED LIMITED REAR YARD SPACES TO ACCOMMODATE THE PROPOSED STRUCTURE AND SUPPORT ADEQUATE PARKING FOR PROPOSED USE. 
          SUCH A CONDITION IS NOT MERELY FINANCIAL, WAS NOT CREATED BY THE OWNER. 
          IT IS NOT THE RESULT OF GENERAL CONDITIONS WITHIN THE DISTRICT AND DEVOTION. 
          SECOND, I JUST WANTED TO CONFIRM. 
          DID YOU SAY 29 FEET, 11 INCHES OR DID YOU MEAN BECAUSE YOU'RE NOT YES. 
          YOU DIDN'T READ THE BARBED WIRE SECTION. 
          IT SHOULD BE JUST 15, 15 FEET. 
          OKAY. 
          IT SHOULD BE 15. 
          OKAY. 
          UH, ACCEPT THE, SO THERE'S A MOTION FOR A 15 FOOT, UH, SETBACK, UH, TO, TO, UH, UM, AND WITH NO REFERENCE TO BARBED WIRE AT ALL IN THE MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER MAN AND COMMISSIONER ZUNA. 
          YEAH. 
          YEAH. 
          SO I WILL BE IN SUPPORT. 
          WE'VE SEEN THIS, THIS CASE, UM, HAD A CONTINUANCE AT THE LAST MEETING FOR THE APPLICANT TO SEEK CONCURRENCE FROM THE MONTICELLO, UH, ASSOCIATION, WHICH HE DID. 
          AND, UH, WE'VE HAD TESTIMONY FROM MS. MALDONADO THAT SUPPORTED THE REQUEST. 
          THE, THE BARBED WIRE, WHICH WAS THE MOST CONTENTIOUS, WAS TAKEN OFF OF THE VARIANCE. 
          UM, I THINK IT PROVIDES A SPACE OF SEPARATION FOR FIRE SAFETY THAT THE NEIGHBORHOOD WAS CONCERNED ABOUT. 
          AND SO I THINK IT MEETS ALL OTHER CONDITIONS, UH, THAT THE ASSOCIATION WAS SEEKING. 
          SO, UH, SUPPORTED. 
          GREAT. 
          THANK YOU. 
          COMMISSIONER MANNA. 
          I CONCUR WITH MY COLLEAGUE. 
          UH, ANYONE ELSE LIKE TO ADD HEARING NONE THIS CALL, VOTE PLEASE. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER E BONIS. 
          I CONCUR. 
          COMMISSIONER DEAN, I CONCUR. 
          COMMISSIONER CRUZ? I CONCUR. 
          COMMISSIONER BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER BENAVIDEZ? I CONCUR. 
          COMMISSIONER EZ? YES, I CONCUR. 
          COMMISSIONER VASQUEZ, I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FIS OF FACT. 
          MOTION PASSES 11 TO ZERO. 
          UH, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. 
          YES SIR. 
          THANK YOU. 
          APPRECIATE YOUR YES, SIR. 
          ITEM NINE. 
          GOOD AFTERNOON. 
          ITEM NINE IS BO OA DASH 26 DASH 1 0 3 AND 0 2 7. 
          LOCATED IN DISTRICT ONE AT 7 0 2 WEST HOLLYWOOD AVENUE. 
          THE ZONING IS R SIX WITH AN NCD FIVE OVERLAY AND THE REQUEST IS FOR AN EIGHT FOOT SIX INCH VARIANCE FROM THE NCD FIVE MINIMUM 20 FOOT FRONT YARD SETBACK. 
          DESIGNED STANDARD TO ALLOW AN EIGHT FOOT SIX INCH FRONT SETBACK. 
          THE SUBJECT PROPERTY IS LOCATED ALONG WEST HOLLYWOOD AVENUE, SOUTHWEST OF THE INTERSECTION OF WEST HOLLYWOOD AVENUE AND BEACON AVENUE. 
          THE SURROUNDING AREAS PRIMARILY DEVELOPED WITH SINGLE FAMILY RESIDENCES ON LOT ZONED. 
          R SIX WAS SOME LOT ZONED RM FOUR IN THE SURROUNDING AREA. 
          A RESIDENTIAL IMPROVEMENTS PERMIT APPLICATION WAS SUBMITTED IN NOVEMBER OF 2025. 
          THE BEACON HILL AREA AND NEIGHBORHOOD CONSERVATION DISTRICT WAS ADOPTED IN 2005 AND LATER REINSTATED AND AMENDED IN 2017. 
          THE REQUESTED VARIANCE WOULD HAVE BEEN REQUIRED EVEN PRIOR TO THE 2017 AMENDMENT. 
          THE STANDARDS SPECIFIED FOR THIS DISTRICT ARE INTENDED TO PRESERVE AND PERPETUATE THE CHARACTER OF THE HISTORICAL BUILDINGS IN THE AREA WHILE PROMOTING AN INCREASE IN THE AMOUNT OF QUALITY OF SPACES DESIGNED FOR NEIGHBOR INTERACTION. 
          ANY NEW DEVELOPMENT PROPOSED AFTER TWO 2017 MUST ADHERE TO THE LATEST DESIGN STANDARDS IMPOSED BY THE ZONING OVERLAY DISTRICT. 
          THIS IS THE SITE PLAN, THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. 
          STAFF RECOMMENDS DENIAL IN BO OA DASH 26 DASH 0 3 0 0 2 7 BASED ON THE FOLLOWING FINDINGS OF FACT ONE. 
          THE NCD FIVE BEACON HILL AREA NEIGHBORHOOD CONSERVATION DISTRICT PROVIDES GUIDELINES FOR DEVELOPMENT SO THAT HISTORICALLY COMMON SITE AND BUILDING CONFIGURATIONS ARE PERPETUATED IN THE FUTURE. 
          TWO. 
          GRANTING THE VARIANCE WOULD NOT OBSERVE THE SP SPIRIT OF THE ORDINANCE AS THE PURPOSE OF THE MINIMUM FRONT SETBACK IS TO MAINTAIN A UNIFORM STREET SCAPE, ESPECIALLY IN RESIDENTIAL DISTRICTS. 
          STAFF MAIL AT 4 44 NOTICES WE RECEIVED TWO IN FAVOR INSIDE 200 FEET AND DURING OPPOSITION OUTSIDE 200 FEET, WE RECEIVED ONE IN FAVOR AND BEACON HILL AREA NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. 
          THIS IS THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION LETTER. 
          AND THEN THESE ARE THE, THE RESPONSES RECEIVED IN SUPPORT. 
          THIS CONCLUDES STAFF'S PRESENTATION. 
          THANK YOU. 
          I HAVE A QUICK QUESTION. 
          THE NCD, DOES IT COVER PORCHES? I MEAN IS WHAT THEY'RE, I'M TRYING 
          [02:10:01]
TO ASK IF WHAT THEY'RE ATTEMPTING TO DO IS IN LINE WITH WHAT THE NCD WOULD WANT EXCEPT FOR THE SETBACK. 
          MM. 
          I WOULD HAVE TO LOOK UP, I'D HAVE TO GO BACK AND LOOK AND SEE IF THEY ADDRESS PORT PORCHES SPECIFICALLY. 
          UH, BUT WHEN IT COMES TO FRONT SETBACKS, THAT'S WHY EXPERIENCE IS HERE FOR THE 20 FOOT MINIMUM. 
          I CAN LOOK UP, I CAN, I CAN ANSWER THAT. 
          UM, SO ANY NEW CONSTRUCTION OR ANY RENOVATION OVER 50% IS REQUIRED A PORCH TO HAVE A PORCH. 
          CORRECT. 
          THIS IS NOT REQUIRED TO HAVE A PORCH. 
          THEY'RE VOLUNTARILY PUTTING ON PORCH. 
          OKAY. 
          I'M JUST CURIOUS BECAUSE, YOU KNOW, SOMETIMES YOU HAVE ONE THING THAT PROMOTES SOMETHING AND SOMETHING ELSE IT MIGHT NOT. 
          YEAH. 
          AND THEN THE, UH, SETBACK IS IN THE FRONT SETBACK LANGUAGE, NOT IN THE FRONT FACADE LANGUAGE, WHICH WOULD BE, YOU KNOW, THE FRONT FACADE WOULD BE THE PRINCIPLE WALL. 
          SO A PORCH, IF IT WOULD'VE SET THAT, IT WOULD'VE COUNTED, BUT SINCE IT IS A SETBACK, WE HAVE TO COUNT THE PORCH AS A FRONT SETBACK. 
          ALRIGHT, THANK YOU MANNA COMMISSIONER. 
          SO, SO IS THE CITY'S POSITION THEN THEY WOULD BE IN OPPOSITION EVEN IF THIS WAS NOT IN AN NCD OR IS IT SIMPLY 'CAUSE IT'S IN THE NCD IS WHY IT IS THAT CITY'S IN OPPOSITION. 
          IF IT IS, IF IT WAS NOT IN THE NCD, IT WOULD BE THE REGULAR 10 FOOT FRONT SETBACK, SO IT WOULDN'T HAVE TO BE HERE. 
          OKAY. 
          THANK YOU. 
          ALRIGHT, AND LET'S HAVE THE APPLICANT COME FORWARD. 
          ALL RIGHT. 
          STATE YOUR NAME AND TELL US ABOUT YOUR PORCH. 
          GOOD AFTERNOON. 
          MY NAME IS JOSE YAMAS. 
          I AM THE GENERAL CONTRACTOR FOR MR. AND MRS. GUEVARA. 
          THEY ARE LOOKING TO, UH, BUILD A FRONT PORCH FOR TWO REASONS, FUNCTIONALITY, AND FOR CURB APPEAL. 
          AS YOU LOOK AT THE PICTURES THAT WERE ON THE SLIDE BEFORE, UM, THEY'VE OWNED THIS HOUSE FOR OVER 20 YEARS AND I THINK BACK THEN THAT WALL IS, WELL NOW, IT'S NOW A, UM, CONVERTED, UM, CLOSET, SO THERE'S NO WINDOW THAT CAN BE PUT THERE OR ANYTHING. 
          OKAY, THANK YOU. 
          UM, BUT UH, SO WE RAN OTHER OPTIONS AS FAR AS PUTTING TREES OR ANYTHING LIKE THAT AND THERE'S NO WAY TO DO IT. 
          YOU GOT A POWER LINE ON ONE SIDE, THEN THERE'S JUST, IT'S IMPOSSIBLE ON THE OTHER. 
          UM, BUT UH, AS YOU CAN SEE THERE, THERE'S AN EXISTING, UM, DECK THAT'S A DILAPIDATED AND WE WOULD LIKE TO MOVE THAT. 
          SO WHAT WE'RE ASKING IS 11 FOOT SIX WOULD END RIGHT ABOUT HERE. 
          SO IT'S NOT GONNA EXTEND MUCH MORE THAN WHAT IS EXISTING NOW. 
          UM, THE DESIGN HAD BEEN TURNED IN WITH IT, IT HAS BEEN DRAWN BY AN ARCHITECT AND UH, THE DESIGN IS TO FOLLOW THE, UH, THE RULES AND DESIGNS OF THE SURROUNDING HOUSES. 
          UM, BUT UH, YEAH, IT'S JUST TO BRING SOME CURB APPEAL AND PUNCTUALITY TO, TO THE HOME. 
          ALRIGHT. 
          UH, IS THERE ANY, UH, COMMISSIONER QUESTIONS? HEARING NONE, IS THERE ANY OF, UH, WHEN IT'S TIME TO SPEAK VOICEMAILS? WE HAVE, UH, TWO VOICEMAILS AND TWO SPEAKERS. 
          ALL RIGHT. 
          LET'S START WITH THE VOICEMAILS. 
          YES. 
          MY NAME IS CYNTHIA WALKER. 
          I LIVE AT TEN THIRTY EIGHT WEST SUMMIT AVENUE. 
          MY PHONE NUMBER IS AREA CODE (818) 489-2599. 
          I'M CALLING IN REFERENCE TO BO OA 2 6 1 0 3 0 0 0 2 7 IN REGARDS TO 7 0 2 WEST HOLLYWOOD. 
          UM, DEAR BOARD OF ADJUSTMENT MEMBER AT THE BAHANA RESIDENCE ON FEBRUARY 9TH, 2026. 
          TO SUPPORT THE APPLICANT'S REQUEST FOR THE VARIANCE OF THE NNC D FIVE FOR THE FRONT SETBACK VARIANCE OF EIGHT FEET FOUR INCHES, 4 7 0 2 WEST HOLLYWOOD, THE NCD REQUIREMENT OF FRONT SETBACK MINIMUM IS 20 FEET. 
          THE MINIMUM, THE MEETING INCLUDED IN PRESENTATION AND A COMMON QUESTION AND ANSWER PERIOD TO THE NEIGHBORS. 
          SO THE NEIGHBORS COULD MAKE AN INFORMED DECISION THE RESIDENTS VOTED TO SUPPORT FOR THE FOLLOWING REASONS, THE REQUEST IS COMPATIBLE WITH THE SPIRIT OF THE NCD FIVE'S FOCUS ON FRONT PORCHES. 
          THE PORCH WILL HELP DISGUISE THE BLANK WALL THAT FACES THE STREET. 
          THE CHANGE WILL IMPROVE NOT ONLY THE HOME, BUT THE SURROUNDING PROPERTIES, THE NCD FIVE STANDARDS OR COMMUNITY STANDARDS THAT HELP CREATE A MORE STABLE NEIGHBORHOOD AS WE EMBRACE CHANGE WHILE PRESERVING WHAT RESIDENTS CHOOSE THE MOST IMPORTANT ELEMENTS OF OUR BUILT ENVIRONMENT. 
          AND WE TAKE THEM VERY SERIOUSLY. 
          BUT THIS IS A CASE THAT HONORS THE SPIRIT OF THE STANDARDS INSTEAD OF, OF EXACTLY THE LETTER TO THE LETTER OF THE LAW. 
          THANK YOU SO MUCH. 
          CYNTHIA WALKER, CHAIR OF THE ZONING URBAN DESIGN COMMITTEE FOR THE BEACON HILL NEIGHBORHOOD ASSOCIATION. 
          THANK YOU. 
          HELLO, I AM POLL 
          [02:15:01]
ON ON THE CASE NUMBER OH A 2 6 3 0 0 2 7 REGARDING 7 0 2 WEST HOLLYWOOD AVENUE. 
          MY NAME IS SALLY SEKER. 
          I'M A RESIDENT OF THE BEACON HILL NEIGHBORHOOD AND RESIDE AT 6 0 1 WESTWOOD AVENUE, SAN ANTONIO, TEXAS SEVEN EIGHT TWO ONE TWO. 
          MY PHONE NUMBER IS (210) 416-1723. 
          I'M CALLING IN SUPPORT OF THE REQUEST AT 7 0 2 WEST HOLLYWOOD FOR AN EIGHT FOOT SIX INCH VARIANCE FROM THE NCD FIVE MINIMUM SETBACK. 
          I SUPPORT THIS FOR AS, AS A TWO BLOCK AWAY NEIGHBOR FOR THE SAFETY OF THE RESIDENT AND AESTHETICAL IMPROVEMENT THE RESIDENT WITHOUT SIGNIFICANTLY IMPACTING THE SPIRIT OF THE NCD THAT SUPPORTS PORCHES. 
          I SUPPORT THIS PROJECT. 
          THANK YOU. 
          BYE. 
          UH, FIRST SPEAKER IS, UM, LIO ESPERANZA ESPERANZA. 
          ALL RIGHT. 
          IS THERE A HENRY KRAUS? ALL RIGHT. 
          PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS. 
          MY NAME IS HENRY KRAUS. 
          I LIVE AT 8 1 2 WEST MISTLETOE. 
          I'VE LIVED IN BEACON HILL FOR 22 YEARS, ONLY BECAME INVOLVED IN THE NEIGHBORHOOD OF SAFE ASSOCIATION A YEAR AGO, BUT I AM, APPARENTLY PROTOCOL PREVENTS ME FROM SPEAKING FOR THE NEIGHBORHOOD ASSOCIATION. 
          SO I'M HERE AS A PRIVATE CITIZEN. 
          THAT SAID, I WOULD URGE YOU TO LISTEN TO THE NEIGHBORHOOD ASSOCIATION. 
          I GOT SUCKED INTO SERVICE ON THE ZD COMMITTEE A YEAR AGO, AND I CAN TELL YOU THEY TAKE THINGS EXTREMELY SERIOUSLY. 
          THEY'RE VERY FAIR MINDED. 
          I WENT INTO IT THINKING IT WAS AN ENGINE FOR NOT IN MY BACKYARD. 
          I'VE BEEN PLEASANTLY SURPRISED, UH, AND THE, THE DESIRABILITY OF A UNIFORM STREET SCAPE IS OBVIOUS, BUT, BUT IT IS NOT CENTRAL FRONT PORCHES ARE CENTRAL TO THIS CONSERVATION DISTRICT, THE DESIGN AND, AND PEOPLE REMARKED ON IT AT THE GENERAL MONTHLY MEETING WHEN THEY SIGNED OFF ON SUPPORTING THIS VARIANCE. 
          THE DESIGN FOR THIS PORCH LOOKS BEAUTIFUL AND WHAT YOU HAVE RIGHT NOW IS JUST KIND OF ODDBALL. 
          THERE'S NO WINDOW THERE. 
          IT WAS JUST A HISTORICAL ACCIDENT THAT SOMEBODY BOARDED UP A FORMER FRONT PORCH. 
          I WOULD REALLY URGE YOU TO SUPPORT THIS VARIANCE AND I THANK YOU FOR THE OPPORTUNITY TO SPEAK TO YOU. 
          THANK YOU VERY MUCH. 
          THAT'S ALL THE PUBLIC COMMENTS. 
          ALL RIGHT, WELL IF THERE'S ANY OTHER COMMISSIONER QUESTIONS, I THINK I'M READY FOR A MOTION. 
          BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 26 DASH 0 3 20 7:00 AM MOVED THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR AN EIGHT FOOT SIX INCH VARIANCE FROM THE NCD FIVE, MINIMUM 20 FOOT FRONT YARD SETBACK DESIGN STANDARD TO ALLOW 11 FOOT SIX INCH FRONT SETBACK SITUATED AT 7 0 2 WEST HOLLYWOOD AVENUE, APPLICANT BEING JOE YAMAS. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. 
          SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. 
          A VARIANCE FROM THE NCD FIVE STANDARD FOR THE FRONT SETBACK WOULD NOT ALLOW THE APPLICANT A VARIANCE FROM OTHER DEVELOPMENT STANDARDS ADOPTED BY THE BEACON HILL AREA NCD OR WITHIN THE UCD, THUS SERVING THE PUBLIC INTEREST. 
          TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE THERE IS INSUFFICIENT SPACE TO EXPAND THE PORT AREA AND STILL COMPLY WITH THE CURRENT NCD FIVE STANDARDS. 
          THREE. 
          BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          SUB SUBSTANTIAL JUSTICE WOULD BE SERVED IN GRANTING THE VARIANCE AS THE REDUCED FRONT SETBACK WOULD STILL PROVIDE ADEQUATE SPACE TO CONTRIBUTE TO UNIFORM NEIGHBORHOOD STREET SCAPE, WHILE ALSO PERMITTING THE DEVELOPMENT OF A PORCH THAT ENHANCES NEIGHBORHOOD CHARACTER, BOTH OF WHICH OBSERVE THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. 
          NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. 
          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. 
          GRANTING THE VARIANCE WOULD BE CONSISTENT WITH THE ESSENTIAL CHARACTER OF THE DISTRICT, AS THE VARIANCE WOULD NOT INTRODUCE THE STRUCTURE THAT 
          [02:20:01]
IS NEW TO THE PROPERTY AND WOULD SIMPLY PROVIDE REDUCED SETBACK REQUIREMENTS TO ALLOW FOR THE IMPROVEMENT OF THE EXISTING PORT. 
          SIX. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SAW AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. 
          AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          STAFF FINDS THE PLIGHT OF THE OWNER OF THE PROPERTY, OF WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE FRONT SETBACK IN RELATION TO THE EXISTING PRIMARY STRUCTURE. 
          END OF MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER REED. 
          WAS THAT REED OR MANNA? NO, MANNA. 
          OKAY. 
          COMMISSIONER BRAGMAN. 
          UM, YEAH, I'LL BE IN SUPPORT OF THIS MOTION OBVIOUSLY. 
          UM, THEY'VE PUT A LOT OF THOUGHT INTO MAKING SURE IT STAYS WITHIN THE NCD GUIDELINES. 
          UM, THEY'VE GOT A LOT OF SUPPORT FROM THE NEIGHBORS. 
          THEY'VE GOT SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION, SO I'LL BE IN SUPPORT. 
          THANK YOU. 
          COMMISSIONER MANON? UH, PASTOR REEF? UH, YES. 
          UH, YOU KNOW, GENERALLY I WOULD BE, UM, AGAINST REDUCING THE FRONT SETBACK, BUT I THINK IN THIS PARTICULAR SITUATION SINCE THERE IS SORT OF, UM, ABNORMAL ENCLOSURE OF THE ORIGINAL FRONT PORCH AND ESPECIALLY THE FACT THAT BEACON HILL SUPPORTS THIS, UH, I'M GONNA BE IN SUPPORT OF THE VARIANCE. 
          GREAT. 
          THANK YOU. 
          ANYONE ELSE LIKE TO ADD? HEARING NONE? LET'S HAVE A ROLL CALL. 
          VOTE PLEASE. 
          COMMISSIONER BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER IBANEZ? I CONCUR. 
          COMMISSIONER DEAN, I CONCUR. 
          COMMISSIONER CRUZ? I CONCUR. 
          COMMISSIONER MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER BEES? I CONCUR. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER EZ? YES, I CONCUR. 
          COMMISSIONER VASQUEZ, I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES 11 TO ZERO. 
          CONGRATULATIONS. 
          ITEM 10. 
          THANK YOU LADIES AND GENTLEMEN. 
          THANK YOU. 
          ITEM NUMBER 10 IS BO OA DASH 26 DASH 0 3 0 2 8 LOCATED IN DISTRICT ONE ON 6 1 9 BARB STREET. 
          THE ZONING IS RM FOUR AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE, THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT WITH GUTTERS TO BE ONE INCH FROM THE WESTERN SIDE PROPERTY LINE. 
          THE SUBJECT PROPERTY IS LOCATED ALONG BARB STREET BETWEEN CEDAR STREET AND SOUTH ST. 
          MARY STREET. 
          THE SURROUNDING AREA IS A MIXTURE OF RESIDENTIAL AND COMMERCIAL BASE ZONING DISTRICTS CONSISTING OF R FOUR C TWO C TWO CD WITH THE CONDITIONAL USE FOR AUTO SALES, MOTOR SCOOTER SALES AND C3 NA. 
          THE CASE ORIGINATED FROM A REQUEST FROM THE CITY'S OFFICE OF HISTORIC PRESERVATION. 
          THE OHP HAS PROVIDED A CERTIFICATE OF APPROPRIATENESS DATED NOVEMBER 21ST, 2025, AND AS STATED, THAT STAFF RECOMMENDS APPROVAL TO CONSTRUCT A CARPORT ALONG THE WESTERN FACADE BEHIND THE FRONT WALL PLANE. 
          WITH THE STIPULATION THAT THE APPLICANT OBTAINED A VARIANCE FROM THE BOARD OF ADJUSTMENT, THE APPLICANT WAS REQUESTING A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT WITH GUTTERS TO BE ONE INCH FROM THE WESTERN SIDE PROPERTY LINE. 
          THE CARPORT WAS CONSTRUCTED WITHOUT GUTTERS PER STAFF'S SITE VISIT TO THE SITE IN FEBRUARY OF 2026. 
          THIS IS THE SITE PLAN. 
          THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. 
          STAFF RECOMMENDS DENIAL AND BO OA DASH TWO SIX DASH 1 0 3 0 0 0 2 8 BASED ON THE FOLLOWING FINDINGS. 
          IN FACT, ONE, THE GRANTING OF THE REDUCED SIDE SETBACK VARIANCE WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS THE CARPORT WOULD BE TOO CLOSE TO THE SIDE PROPERTY LINE AND WATER RUNOFF MAY BE IMPOSED ONTO THE BUDDING PROPERTY. 
          TWO. 
          IF GRANTED, THE CARPORT WOULD MAINTAIN A ONE INCH DISTANCE FROM THE PROPERTY TO THE SOUTHWEST WOULD WOULD, WHICH WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THIS REDUCED STANDARD WAS NOT OBSERVED IN OTHER PROPERTIES IN THE IMMEDIATE SURROUNDING AREA, NOR IS IT CHARACTERISTIC OF RESIDENTIAL DISTRICTS DEVELOPED IN THE COMPLIANCE WITH UDC REGULATIONS. 
          STAFF MAILED OUT 34 NOTICES. 
          ONE WAS RECEIVED IN FAVOR IN ONE WAS RECEIVED IN FAVOR INSIDES HUNDRED FEET. 
          ONE WAS RECEIVED IN FAVOR OUTSIDES HUNDRED FEET ZERO OR RECEIVED IN OPPOSITION. 
          KING WILLIAM NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. 
          THIS IS THE LETTER, THESE ARE THE LETTERS RECEIVED IN SUPPORT AND THE KING WILLIAM NEIGHBORHOOD ASSOCIATION RESPONSE IS OVER VOICEMAIL. 
          THIS CONCLUDES STAFF'S PRESENTATION. 
          ALL RIGHT, THANK YOU VERY MUCH. 
          UH, LET'S HAVE THE APPLICANT COME FORWARD. 
          HELLO. 
          ALL RIGHT. 
          STATE YOUR NAME AND TELL US YOUR THOUGHTS. 
          MY NAME IS DEBORAH RAIN. 
          I'M THE OWNER OF 6 1 9 BARB STREET. 
          UM, 
          [02:25:02]
SO THE CARPORT IS PLACED ALONG THE EXISTING STRUCTURE. 
          THERE WAS A WOODEN FENCE THERE, UM, IN A WAY THAT REDUCES THE VISUAL IMPACT AND MAINTAINS THE OVERALL STREET SCAPE. 
          SO REGARDING THE SIDE SETBACK, BECAUSE OF THE LAYOUT OF MY LOT AND THE LOCATION OF THE EXISTING DRIVEWAY AND THE WAY THE HOUSE SITS, UH, THE SIDE YARD IS REALLY THE ONLY AREA ON THE PROPERTY WHERE PARKING CAN FUNCTION. 
          UM, WHILE THERE IS LIMITED SPACE IN THE REAR YARD, IT'S VERY TIGHT, IT'S VERY NARROW AND IT REQUIRES TIGHT MANEUVERING SO IT'S NOT PRACTICAL FOR REGULAR USE. 
          SO GIVEN THIS, THESE CONSTRAINTS, THIS IS REALLY THE ONLY PLACE WHERE I CAN PUT COVERED PARKING WHERE IT'S GONNA BE USED EFFECTIVELY. 
          UM, REGARDING THE FIRE HAZARD CONCERN FOR THE ABUTTING PROPERTY, BEFORE THIS, THAT ENTIRE SIDE YARD WAS LINED WITH WOODEN FENCE, WHICH IS COMBUSTIBLE AND MADE THAT SPACE MORE ENCLOSED ALONG THE PROPERTY LINE. 
          THE CARPORT, IT'S CONSTRUCTED OF STEEL AND IT AND DESIGN, SO IT PROVES THE VISIBILITY AND ACCESSIBILITY WHILE REMOVING THAT FLAMMABLE BARRIER FOR BOTH THEIR HOME AND MINE. 
          UM, REGARDING THE CHARACTER OF THE DISTRICT, THIS PROJECT HAS ALREADY ALREADY BEEN REVIEWED AND APPROVED BY THE HISTORIC AND DESIGN REVIEW COMMISSION CONFIRMING THAT DESIGN IS APPROPRIATE FOR AND CONSISTENT WITH THE CHARACTER OF THE KING WILLIAM HISTORIC HISTORIC DISTRICT. 
          THEY NOTED THAT IT IS APPROPRIATELY SCALED, LIGHTWEIGHT, AND LESS OBTRUSIVE THAN OTHER STRUCTURES. 
          THEY ALSO IDENTIFIED THE HOME AS CONTRIBUTING TO THE DISTRICT AND DESCRIBED THE CARPORT AS A SUCCESSFUL, WELL-DESIGNED EDITION THAT IS COMPATIBLE WITH THE HISTORIC STRUCTURE FOR DRAINAGE. 
          I WILL BE ADDING THE GUTTERS TO PROPERLY DIRECT THE WATER RUNOFF SO IT DOESN'T IMPACT THE ADJACENT PROPERTY. 
          IN ADDITION, THE ADJACENT NEIGHBOR HAS REVIEWED THE PROJECT, SIGNED IN AGREEMENT, AND DOES NOT FEEL IT NEGATIVELY AFFECTS HER PROPERTY. 
          THESE PROPERTIES ARE PART OF AN OLDER HISTORIC NEIGHBORHOOD WHERE LOTS ARE NARROWER AND LAYOUTS ARE MORE CONSTRAINED THAN TYPICAL MODERN DEVELOPMENT. 
          SO APPLYING A STANDARD SETBACK IN THIS CONTEXT CREATES LIMITATIONS THAT DON'T ALWAYS MATCH HOW THESE PROPERTIES WERE ORIGINALLY DESIGNED TO FUNCTION. 
          AND I FOUND OUT TODAY AT NOON THAT THE NEIGHBORHOOD ASSOCIATION HAD EXPRESSED OPPOSITION. 
          SO I DIDN'T REALLY GET TO DEAL WITH THAT YET, BUT, UM, I WORKED WITH THE HISTORIC COMMISSION TO MAKE SURE THAT IT HAD ALIGNED WITH THE, WITH THEIR GUIDELINES AND SPOKEN DIRECTLY WITH MY NEIGHBOR WHO IT AFFECTS MOST. 
          UM, I BELIEVE THIS REQUEST FITS THE PROPERTY'S REALITIES AND STAYS WITHIN THE HISTORIC DISTRICT'S PATTERNS. 
          I RESPECTFULLY ASK FOR YOUR CONSIDERATION IN GRANTING THE VARIANCE AND I ALSO BROUGHT A COUPLE PHOTOS FOR CONTEXT IF THAT WOULD HELP. 
          UH, SO A QUICK QUESTION. 
          IN THE UH, STAFF REPORT, IT IMPLIES THAT STAFF WAS IN SUPPORT, BUT YOU'RE TALKING ABOUT OHP STAFF? YES. 
          THAT PART WHERE IT SAID STAFF IS IN SUPPORT, THAT WAS, YEAH. 
          OH, I TOOK LANGUAGE FROM O P'S LETTER, WHICH THEY ALSO USED THE VERBIAGE STAFF. 
          OKAY. 
          AND AND YOU HAVEN'T HAD ANY DIALOGUE AT ALL WITH KING WILLIAM? I, BECAUSE I DON'T PAY HOA FEES, SO I DIDN'T THINK IT WAS LIKE THE NORMAL HOA, SO NO, I DID NOT. 
          I THOUGHT BECAUSE OF THE HISTORIC, WHEN WE WENT UP FOR THE HISTORIC REVIEW, I THOUGHT THEY WOULD'VE, SO THEY, THEY DIDN'T HAVE A PRESENCE AT THE, AT THE HDRC MEETING. 
          THEY DIDN'T SHOW THERE WERE, THERE WERE NO NAYS THEN. 
          SO THAT'S WHY I THOUGHT, AND THAT DIDN'T COME IN UNTIL NOON OR I DIDN'T SEE IT TILL NOON TODAY. 
          UH, DO YOU, DO YOU HAPPEN TO KNOW IF, UH, OHP DURING THE HDRC, UM, HDRC MEETING, IF, UH, KING WILLIAM SUBMITTED ANY DOCUMENTATION? I CAN, I CAN DOUBLE CHECK. 
          UM, I KNOW THEY SHOULD HAVE BEEN NOTIFIED IF I UNDERSTAND THE PROCESS CORRECTLY. 
          THEY SEEM LIKE THEY SEEM LIKE ONE OF THOSE NEIGHBOR ASSOCIATIONS THAT WOULD CHIME IN . 
          SO, UM, IS THERE ANY VOICEMAILS OR ANYONE SENT TO SPEAK ON THIS CASE? WE DO HAVE ONE VOICEMAIL. 
          HEY, LET'S HEAR THE VOICEMAIL. 
          GOOD AFTERNOON. 
          UH, MY NAME IS SEAN CAMPBELL. 
          I RESIDE AT FIVE TWENTY FOUR KING WILLIAMS STREET. 
          MY PHONE NUMBER IS (210) 288-7854. 
          AND I'M CALLING IN REGARDS TO CASE NUMBER 1 0 3 0 0 2 8. 
          I AM CURRENTLY SERVING ON THE KING WILLIAM ASSOCIATION BOARD OF DIRECTORS AS VICE PRESIDENT AND I'M THE COMMITTEE CHAIR OF OUR ARCHITECTURAL ADVISORY COMMITTEE, THE KING WILLIAMS ASSOCIATION. 
          REVIEWED AGENDA ITEM NUMBER 10 FOR 6 1 9 BARBIE STREET REGARDING A REQUEST FOR THE REDUCED SIDE SETBACK VARIANCE AND WANT TO REGISTER OUR AGREEMENT WITH THE STAFF RECOMMENDATION TO DENY THE REQUEST. 
          THANK YOU FOR SERVING ON THE BOARD OF DIRECTION ADJUSTMENTS. 
          THANK YOU. 
          BYE. 
          [02:30:01]
AND THAT WAS THE ONLY PUBLIC COMMENT AND THE LAST VOICEMAIL. 
          OKAY. 
          UM, I'M JUST GONNA PUT THIS OUT THERE. 
          I, I'D LIKE TO GIVE THIS APPLICANT A CONTINUANCE. 
          I, I DON'T, I, I THINK THAT SHE SHOULD HAVE AN OPPORTUNITY TO AT LEAST PROVIDE SOMETHING IN WRITING FROM THE NEIGHBOR AND MAYBE GET SOME KIND OF A DIALOGUE FROM KING WILLIAM, BUT THAT'S JUST WHAT I THINK. 
          IS THERE ANY COMMISSION I DID GET THE, THE SIGNED, UM, FROM YOUR NEXT DOOR NEIGHBOR? UH, OKAY. 
          YOU CAN GIVE THAT TO STAFF FOR THE RECORD. 
          UH, DO YOU KNOW HOW OFTEN KING WILLIAM MEETS OR WHEN THEIR NEXT MEETING IS? NO. 
          OKAY. 
          I, I WOULD CONCUR WITH MY COLLEAGUE, YOU KNOW, AND, AND UM, AND I THINK, YOU KNOW, WHEN I, WHEN I DRIVE GOOGLE DRIVE AROUND THE, AROUND THAT COMMUNITY, I DO NOT SEE THAT MANY CARPORTS IDENTIFIED. 
          YOU KNOW, THERE THERE ARE, THERE ARE A FEW, BUT THERE, BUT THERE AREN'T THAT MANY. 
          AND, AND, AND THE ONES I DID SEE DID HAVE SETBACKS, UH, OBSERVED. 
          AND SO, SO, YOU KNOW, I GUESS I WOULD HAVE CONCERNS WITH THAT AND, AND REMOVING THE FENCE. 
          SO IS THAT A GONNA BE A LONG TERM REMOVAL OF THE FENCE THAT SEPARATES YOU AND THE NEIGHBOR? I COULDN'T USE THE DRIVEWAY. 
          IT'S NINE FEET WIDE AT THE BACK AND 10 AT THE FRONT. 
          SO IF I PULL IN MY SUV, I CAN'T OPEN THE DOORS. 
          RIGHT. 
          THEN MY SON ESCAPED OUT THE FRONT GATE 'CAUSE THEY ONLY OPENED OUT, SO I PUT THE GATE IN THE BACK AND I TOOK OUT THE WOOD FENCE. 
          SO NOW EVEN WHEN I HAVE THEM IN THE CAR SEAT, I STILL HAVE TO REVERSE IN 'CAUSE IT'S JUST SO TIGHT. 
          AND, AND I DO AGREE THAT IT DID IMPROVE THE, THE STREET SCAPE, I GUESS FROM THAT PERSPECTIVE OF REMOVING THE FENCE. 
          'CAUSE IT DID MAKE IT LOOK A LOT MORE OPEN. 
          SO I, I THINK THAT PART'S GOOD. 
          AND SO I THINK JUST GETTING, GETTING WITH THE COMMUNITY JUST TO, YOU KNOW, GO THROUGH THE DIALOGUE AND, AND YOU KNOW, HAVE THEM, YOU KNOW, YOU MAY BE ABLE TO FIND THAT, YOU KNOW, AS YOU TALK ABOUT WHAT IT IS THAT YOU'RE LOOKING TO DO, UM, YOU KNOW, AND, AND GOING THROUGH REITERATING SOME OF THOSE POINTS, THEY MAY COME BACK IN AGREEMENT WITH THAT. 
          AND SO I, I WOULD THINK THAT THAT WOULD BE BENEFICIAL. 
          AND, AND THAT, DID I HEAR THAT YOU WERE ADDING GUTTERS TO YOUR APPLICATION? YEAH. 
          OKAY. 
          . 
          ALL RIGHT. 
          SO HOW MUCH, I MEAN, I'M ASSUMING A, A MONTH, TWO WEEKS, WHAT ARE WE TALKING ABOUT? YEAH, I WOULD, I WOULD MOVE IT OUT A MONTH PERSONALLY. 
          OKAY. 
          APRIL 20TH, SO APRIL 20TH. 
          OKAY. 
          OKAY. 
          THAT WOULD BE MY, WOULD LOVE TO HEAR FROM 'EM. 
          MOTION KINGLY. 
          ME TOO. 
          THEY CALLED THE LAST MINUTE. 
          OKAY. 
          SO MOTION TO CONTINUE. 
          APRIL 20TH. 
          IS THERE A SECOND? SECOND. 
          ANY, UH, ALL IN FAVOR SAY AYE. 
          ANY OPPOSED? HEARING NONE? UH, MOTION PASSES. 
          WE'LL SEE YOU ON THE 20TH. 
          OKAY. 
          THANK YOU. 
          THANK YOU. 
          UH, ITEM 11. 
          CHAIR. 
          WHO WAS THE SECOND? UH, THE SECOND WAS, UH, COMMISSIONER BRAGMAN. 
          I THOUGHT I, AM I WRONG ON THAT? OH, I'LL GIVE IT TO I, I'LL PUT BUNIA THEN. 
          . 
          GOOD AFTERNOON. 
          JOEL VELA, YOUR PLANNER BOARD, UH, WITH THE BOARD OF ADJUSTMENT. 
          UM, ITEM NUMBER 11 IS CASE BO EIGHT DASH 26 DASH 0 3 0 3 2. 
          THE APPLICANT BEING ROBERT GONZALEZ IN DISTRICT SEVEN AT 58 18 GILLIS DRIVE. 
          UM, THE ZONING IS R SIX FOR THIS PROPERTY AND THIS IS A REQUEST FOR A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE SIX FEET FROM THE FRONT PROPERTY LINE. 
          UH, THE SUBJECT PROPERTY IS LOCATED WITHIN A SUBDIVISION NORTH OF THE INTERSECTION OF WARDBACK ROAD AND EVERS ROAD, ALONG THE BOUNDARY OF THE CITY OF SAN ANTONIO WITH THE CITY OF LEON VALLEY PROPERTY SURROUNDED BY ESTABLISHED SINGLE FAMILY RESIDENTIAL USES ON ALL SIDES. 
          AND IN NOVEMBER, 2025, CODE ENFORCEMENT STAFF VISITED THE SITE IN RESPONSE TO A CITIZEN REPORT AND FOUND A CARPORT BUILT WITHOUT PERMITS AND WITHIN THE MINIMUM REQUIRED FRONT SETBACK AREA. 
          UH, THE APPLICANT HAS REQUESTED A VARIANCE TO THE SETBACK STANDARD TO OBTAIN A PERMIT AND KEEP THE CARPORT IN ITS CURRENT LOCATION. 
          UH, THERE WAS A NEW CARPORT OBSERVED TO BE SIMILARLY ENCROACHING INTO THE FRONT SETBACK AREA AT 58 26 GILLIS DRIVE. 
          UH, THAT'S JUST ABOUT TWO HOUSES OVER. 
          UH, RECORDS INDICATE THE PERMIT WAS OBTAINED FOR THAT STRUCTURE. 
          HOWEVER, INSPECTIONS ON THAT PERMIT HAVE NOT BEEN COMPLETED TO VERIFY COMPLIANCE IN THE FIELD. 
          UH, SHOWN HERE IS A QUICK SITE PLAN OF THAT CARPORT IN THE FRONT YARD. 
          WE MOVE ON TO THE PHOTOS, UH, AND THIS IS THE SUBJECT PROPERTY AND THE SURROUNDING AREA, AND TO LOOK AT THAT OTHER CARPORT IN THE AREA. 
          UH, STAFF RECOMMENDATION FOR THE CARPORT, FRONT SETBACK VARIANCE STAFF RECOMMENDS DENIAL AND BO EIGHT DASH 26 DASH 1 0 3 0 3 2 BASED ON THE FOLLOWING FINDINGS OF FACT ONE ENFORCING THIS STANDARD WOULD NOT RESULT IN AN UNNECESSARY HARDSHIP AS THE CARPORT MAY STILL FUNCTION TO PROTECT THE OWNER'S VEHICLES WITHOUT INTERRUPTING THE OPEN SPACE PRESERVED BY THE MINIMUM REQUIRED SETBACK AREA. 
          AND TWO, GRANTING THIS VARIANCE 
          [02:35:01]
WOULD IMPEDE THE ADJACENT RESIDENCE OPEN VIEW TO OF THE NEIGHBORHOOD FROM THEIR OWN FRONT YARDS. 
          AND NO OTHER AUTHORIZED CARPORTS WERE OBSERVED WITHIN THE IMMEDIATE SURROUNDING AREA. 
          STAFF MAILED 18 NOTICES. 
          SEVEN WERE RETURNED IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY. 
          AND HERE WE HAVE THE SUPPORT RECEIVED BY STAFF FROM THE VARIOUS NEIGHBORS. 
          HMM. 
          AND THIS CONCLUDES STAFF'S PRESENTATION. 
          THE APPLICANT IS PRESENT. 
          ALL RIGHT. 
          THANK YOU. 
          SO THE APPLICANT COME FORWARD. 
          THANK YOU. 
          HI, STATE YOUR NAME AND TELL US ABOUT YOUR CARDBOARD. 
          UH, GOOD AFTERNOON. 
          UH, ROBERT GONZALEZ. 
          UH, THE OWNER OF THAT PROPERTY, UM, WE'RE KIND OF NERVOUS. 
          , SORRY. 
          IT'S ALL RIGHT. 
          UH, SO I'M REQUESTING APPROVAL FOR A FOUR FOOT SETBACK VARIANCE FOR, FOR THE CARPORT, WHICH HAS ALREADY BEEN BUILT. 
          UM, UH, AND IT WAS BUILT PRETTY MUCH JUST TO PROTECT MY, MY VEHICLES. 
          UM, IT, IT'S JUST MY SON AND I THAT LIVE THERE. 
          UM, UH, ALSO, UM, HERE, BEING HONEST, UH, WHEN THE BUILDER CAME TO ME, UH, I DIDN'T KNOW THERE WAS A REQUIREMENT FOR, FOR, FOR PERMIT OR SETBACKS. 
          I, I DIDN'T KNOW ANY OF THAT. 
          UM, UH, THE CARDBOARD HAS ALREADY BEEN THERE FOR ABOUT TWO YEARS. 
          UM, IT DOESN'T CAUSE ANY SAFETY ISSUES, OBSTRUCT ANYONE'S VIEW. 
          AND, UH, IT HELPS PROTECT MY, MY VEHICLES. 
          UM, AND THE REASON THAT I BUILT IT WAS BECAUSE, UH, ABOUT TWO YEARS AGO, UH, WE HAD HELD DAMAGE TO THE, TO THE ROOF AND TO MY VEHICLES AND THAT WAS THE POINT OF ME BUILDING THE CARPORT. 
          UH, SO I RESPECTFULLY ASKED FOR YOUR APPROVAL AND THANK YOU FOR YOUR TIME AND CONSIDERATION. 
          OKAY. 
          UH, UH, ONE QUESTION I HAVE THAT, THAT LOOKED LIKE, UH, THERE'S NO VARIANCE FOR THE, UH, SIDE SETBACK, UH, BUT THE CARPORT DOES LOOK LIKE YOU WIDENED, UH, YOU WIDENED THE, UH, THE SIDE A LITTLE BIT AND I JUST WANNA MAKE SURE THAT, ARE YOU, IS THAT CARPORT FIVE FEET AWAY FROM YOUR SIDE PROPERTY LINE? DOES IT LOOK LIKE YOU WIDENED IT AT FIVE FEET? YES, SIR. 
          YES, SIR. 
          AND I, I DID MEASURE AND IT SHOULD BE FIVE FEET, AND I THINK WHEN THE TEAM WENT OUT THERE TO GO MEASURE, THEY MEASURED THAT, THAT SIDE TOO. 
          CORRECT. 
          DURING OUR STAFF SIDE VISIT, WE DID VERIFY COMPLIANCE WITH THE SIDE SETBACK. 
          ALL RIGHT, GREAT. 
          UH, ANY COMMISSIONER QUESTIONS? UM, AND ALSO I NOTICED, UH, YOU'RE, THERE'S A SIDEWALK ON THE OPPOSITE SIDE OF THE STREET, BUT YOUR SIDE OF THE STREET DOESN'T HAVE ANY SIDEWALKS, CORRECT? YEAH. 
          OKAY. 
          ALRIGHT, THANK YOU. 
          ALL RIGHT. 
          ANY VOICEMAILS ANYONE SEND US? NO PUBLIC COMMENT. 
          ALRIGHT, HAVE NO QUESTIONS. 
          LOOKING FOR A MOTION MANANA. 
          COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 3 2. 
          I MOVED TO THE BOARD ADJUSTMENT GRANT TO REQUEST FOR A FOUR FOOT VARIANCE FOR A MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A CARPORT TO BE SIX FEET FROM THE FRONT PROPERTY LINE SITUATED AT 5 8 1 8 GILLIS DRIVE, APPLICANT BEING ROBERT GONZALEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THAT THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS AS THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. 
          THE REQUESTED VARIANCE WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS THE ENCROACHMENT OF THE CARPORT INTO THE FRONT SETBACK DOES NOT CREATE A SIGNIFICANT VISUAL OBSTRUCTION WITHIN THE FRONT YARD AREA OF THE SUBJECT PROPERTY. 
          TWO, DUE TO SPECIAL CONDITIONS OR LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CARPORT POSTS WOULD NEED TO BE RELOCATED FROM THE CURRENT LOCATION TO COMPLY WITH THE ORDINANCE IN THEIR CURRENT LOCATION. 
          THE CARPORT POSTS DO NOT CREATE A SIGNIFICANT VISUAL OBSTRUCTION WITHIN THE FRONT YARD. 
          THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. 
          GRANTING VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THE CARPORT DOES NOT SUBSTANTIALLY DEVIATE FROM THE EXISTING CHARACTER OF THE STREETSCAPE. 
          FOUR. 
          THE VARIANCE IS NOT AUTHORIZED OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED, NO USES OTHER, THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. 
          FIVE. 
          SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM OF PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. 
          GRANTING THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM OF PROPERTY AS THE CARPORT DOES NOT OBSTRUCT THE OPEN VIEW OF THE NEIGHBORHOOD FROM ADJACENT PROPERTY. 
          SIX. 
          APPLY IN ANOTHER PROPERTY FOR WHICH PROPERTY FOR WHICH THIS 
          [02:40:01]
VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY. 
          UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULTS DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THIS DISTRICT IN WHICH HIS PROPERTY IS LOCATED. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS LOT, INCLUDING THE WIDTH OF THE RIGHT OF WAY, WHICH PROVIDES ADEQUATE SEPARATION BETWEEN THE CARPORT AND THE STREET AND OF MOTION. 
          SECOND. 
          ALRIGHT, SECOND BY COMMISSIONER BOIZ. 
          COMMISSIONER MANNA. 
          SO, UM, I'LL BE VOTING IN FAVOR. 
          UM, I HAVE, I DID GOOGLE DRIVE ROUND. 
          THERE ARE A FEW OTHERS BESIDES THE ONE THAT WAS, UH, PROVIDED BY THE CITY. 
          UM, AND THEN HAVING ALL OF THE NEIGHBORS, WHICH IS VERY GOOD. 
          THANK YOU FOR, YOU KNOW, HAVING YOUR, YOUR NEIGHBORS SAY THAT THEY'RE OKAY WITH THIS TYPE OF DEVELOPMENT. 
          UM, I'LL BE VOTING IN FAVOR. 
          THANK YOU COMMISSIONER UNI. 
          YEAH, I'LL ALSO BE IN FAVOR, UM, FOR THE NEIGHBOR'S SUPPORT. 
          UH, THERE'S NO N NA TO UM, TO SPEAK AGAINST IT. 
          I'LL BE IN FAVOR. 
          ALRIGHT, IS THERE ANYONE ELSED LIKE TO ADD HEARING NONE HAVE ROLL CALL, VOTE PLEASE. 
          COMMISSIONER MENA. 
          I CONCUR WITH THE FINAL ACT. 
          COMMISSIONER EZ? YES, I CONCUR. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER IBANEZ? I CONCUR. 
          COMMISSIONER DEAN, I CONCUR. 
          COMMISSIONER CRUZ? I CONCUR. 
          COMMISSIONER BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER BENAVIDEZ? I CONCUR. 
          COMMISSIONER UNA? YES, I CONCUR. 
          COMMISSIONER VASQUEZ, I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES. 
          11 ZERO. 
          CONGRATULATIONS. 
          THANK YOU. 
          I REALLY APPRECIATE IT. 
          YOU'RE WELCOME. 
          ITEM NUMBER 12, THIS IS BO OA CASE 2 6 1 0 3 0 0 0 3 3. 
          THE APPLICANT IS VELOCITY AUTO CARE. 
          IT'S IN COUNCIL DISTRICT 10. 
          IT IS 1 0 5 1 5 JONES MALTSBERGER ROAD. 
          IT IS ZONED C TWO AND THE VARIANCE IS AN 11 FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FEET TO ALLOW FOR A FOUR FOOT LANDSCAPE BUFFER ON THE NORTHEAST SIDE OF THE PROPERTY. 
          IT'S SIMILAR TO THE ONE WE HEARD LAST MEETING. 
          THE SUBJECT PROPERTY IS LOCATED NORTH OF THE AIRPORT NEAR THE INTERSECTION OF JONES MALTSBERGER ROAD AND THOUSAND OAK DRIVE. 
          THE APPLICANT SCHEDULED A PPR MEETING WITH DSD STAFF FOR A NEW OIL CHANGE IN TUNEUP LOCATION ON THIS SUBJECT PROPERTY. 
          DURING THIS PPR, IT WAS DETERMINED THAT TO CONTINUE WITH THE CURRENT PLANS, IT'D BE NECESSARY FOR A BUFFER REDUCTION VARIANCE FROM THE BOARD OF ADJUSTMENT. 
          THE UDC REQUIRES A MINIMUM 15 FOOT LANDSCAPE BUFFER TO BE INSTALLED WHERE NEW DEVELOPMENT OF A LOT ZONE C TWO ABUTS A LOT ZONED R SIX. 
          THE SUBJECT PROPERTY ABUTS A SERIES OF ESTABLISHED SINGLE FAMILY RESIDENTIAL PROPERTIES ZONED R SIX TO THE NORTHEAST. 
          THE APPLICANT HAS NOT FILED A PERMANENT APPLICATION AS OF THE STATE AND IS WAITING ON BOARD OF ADJUSTMENT DECISION BEFORE PROCEEDING. 
          THIS IS THE SITE PLAN AND THAT UP NORTH IS WHERE THE, UH, SUBJECT PROPERTY ABUTS THE RESIDENTIAL. 
          THIS IS THE AERIAL VIEW OF THE CURRENT CONDITIONS OF THE LOT. 
          HERE IS THE SUBJECT PROPERTY. 
          THIS IS THE SUBJECT PROPERTY ALONG THE FENCE LINE WHERE THE VARIANCE IS NEEDED IN THE SURROUNDING AREA. 
          STAFF RECOMMENDS DENIAL AND BO A TWO SIX DASH 1 0 3 0 0 0 3 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE IS ADEQUATE SPACE ON THE PROPERTY PROVIDE THE MINIMUM REQUIRED LANDSCAPE BUFFERS. 
          THE REQUEST WOULD NOT PROVIDE FOR ADEQUATE TRANSITIONING BETWEEN THE PROPOSED COMMERCIAL USE AND THE EXISTING RESIDENTIALS RESIDENTIAL USE TO THE NORTHEAST 21. 
          UH, NOTICES WERE MAILED, ZERO IN OPPOSITION. 
          ZERO IN FAVOR OF ZERO IN OPPOSITION. 
          THE OAK PARK, THE OAK HOLLOW PARK NEIGHBORHOOD ASSOCIATION RESPONDED WITH NO OBJECTION. 
          THE APPLICANT REACHED OUT, GOT AN EMAIL IN RETURN. 
          THIS IS THE NA NO OBJECTION EMAIL, AND WE GOT IT AT ABOUT 10 O'CLOCK SO IT WASN'T ABLE TO BE PUT TO Y'ALL THROUGH PDF. 
          THIS CONCLUDES SAS PRESENTATION. 
          ALL RIGHT, THANK YOU VERY MUCH. 
          ALRIGHT, GREAT. 
          UM, IS THERE ANY COMMISSIONER QUESTIONS FOR STAFF? HEARING NOW LET'S HAVE THE APPLICANT COME FORWARD. 
          GREAT. 
          GOOD AFTERNOON, MR. CHAIRMAN. 
          FELLOW COMMISSIONERS. 
          JOSH LIEBERMAN, VELOCITY AUTO CARE TWO 10 BARTON SPRINGS ROAD, AUSTIN, TEXAS, UM, HERE A COUPLE WEEKS AGO AND GOT ANOTHER ONE KIND OF DOING THE SAME THING. 
          WE'RE GOT A VACANT PIZZA HUT WITH, UH, HOMELESS AND WE'RE UNDER CONTRACT. 
          WE'VE BEEN THROUGH ALL OF OUR DUE DILIGENCE. 
          THIS IS OUR NEXT STEP IN BEING ABLE TO, UH, SUBMIT FOR PERMITS. 
          SO, UM, WE'RE ABLE TO, IT'S MORE OR LESS A VARIABLE BUFFER ON HERE. 
          SO AS YOU CAN SEE, UM, ON THIS PLAN, WE KIND OF WE'RE, WE'RE SAVING A TREE. 
          OH, THANK YOU. 
          SO AS YOU CAN SEE HERE ON YOUR PLANS, UM, THIS 
          [02:45:01]
IS A VERY LARGE HISTORIC OAK TREE THAT WE ARE SAVING. 
          HENCE WE'RE HAVING TO KIND OF BEND THE DRIVEWAY IN HERE FOR MORE OF A VARIABLE, UM, VARIANCE REQUEST. 
          SO, YOU KNOW, WE'RE VERY CLOSE TO MEETING ALMOST ALL OF IT, BUT YOU KNOW, WE'VE GOT KIND OF THESE TWO SECTIONS TO BRING THE DRIVEWAY AND THEN THE CONNECTION OUT TO THE REAR WITH THE REST OF THE COMMERCIAL PROPERTIES. 
          UM, SAME PLAN AS A COUPLE WEEKS AGO. 
          YOU KNOW, WE'RE GREATLY INCREASING PERVIOUS SURFACE, ADDING MORE BUFFERS, ADDING MORE LANDSCAPING, AND TEARING DOWN A VACANT PROPERTY AND BRINGING IN JOBS AND INCREASE IN COMMERCIAL TAXES, EVERYTHING THAT, THAT WE ALL WANT TO KEEP SEEING IN THESE POCKETS OF ABANDONED PROPERTIES. 
          UM, HERE TO ANSWER ANY ADDITIONAL QUESTIONS, I DON'T THINK WE HAVE ANYTHING ELSE COMING UP IN TWO WEEKS, BUT WE'VE CRUZ SEVEN PROPERTIES IN SAN ANTONIO GOING RIGHT NOW. 
          ALRIGHT. 
          COMMISSIONER CRUZ. 
          UM, JUST, UH, WHO CURRENTLY THE OFFENSE THAT'S THERE NOW, IS THAT SOMETHING THAT WAS THERE BEFORE THAT THEY HAD JUST PUT IN AND YOU ARE TRYING TO IMPROVE IT? THE WOODEN FENCE IS YES, SIR. 
          OWNED BY ALL THE OTHER, UH, PROPERTY OWNERS. 
          UH, WE'RE FULLY ON BOARD IF WE NEED TO PUT UP AN ADDITIONAL PRIVACY WHITE VINYL FENCE TO CLEAN THAT UP LIKE WE DO ON ALL OF OUR PROPERTIES. 
          UM, I THINK IT WAS ON ONE OF THE DRAWINGS THAT JUST HAD A VINYL PRIVACY FENCE. 
          ZERO MAINTENANCE GOES UP AND, AND CLEANS EVERYTHING UP AS WELL. 
          SO WE'RE MORE THAN HAPPY TO PUT THAT UP AS AS ADDITIONAL. 
          YEAH, I SEE THAT BEAUTIFUL TREE. 
          I WAS WONDERING WHAT Y'ALL WERE GONNA DO WITH THAT. 
          THAT'S A GOOD THING. 
          SAVING IT. 
          I'M ALL RIGHT. 
          ABSOLUTELY. 
          I'D LIKE TO SAVE TREES. 
          WE'RE, UH, WE, WE, YOU NEVER KNOW. 
          NEXT STORE OVER ON BABCOCK, WE'VE GOT ANOTHER PROPERTY DOWN ON HUBNER, SO WE'VE GOT SEVERAL THAT WERE SAVING TREES AND TRYING TO MODIFY OUR SITE PLANS AND ADD PERVIOUS SURFACE TO HELP WITH ALL THE DRAINAGE IN THESE AREAS AS WELL. 
          ALRIGHT, THANK YOU. 
          GREAT. 
          UH, MIKE, GOOD QUESTION IS, IS, UH, THERE'S AN EXISTING, UH, PARKING LOT LIGHT THERE THAT'S RIGHT ON THE SIDE. 
          IS THAT GONNA STAY AS WELL? I AM. 
          I UNAWARE NOT IT'S, UH, THAT YOU CAN SEE THE CONCRETE POST FOR IT IN THAT PICTURE OF THE STAFF. 
          THE PREVIOUS ONE? YEAH. 
          SO OH ONE RIGHT THERE. 
          YEAH, I I JUST, I WAS JUST CURIOUS. 
          I, AS A NEIGHBORING RESIDENT, I'D PROBABLY BE MORE CONCERNED ABOUT A BIG LIGHT. 
          WE TYPICALLY SCRAPE EVERYTHING ON SITE AND START COMPLETELY OVER, SO I WOULD FULLY ANTICIPATE THAT EVERYTHING IS COMING OUT. 
          WE PUT ALL NEW LED LIGHTING DOWN CAST ZERO ZERO CAST FROM ANY PROPERTY LINES, SO OKAY. 
          I WOULD EXPECT ALL NEW LIGHTING AND EVERYTHING TO COME OUT. 
          YEAH. 
          YOU'RE INCREASING LANDSCAPING ALL THE WAY AROUND IT LOOKS LIKE. 
          YES, SIR. 
          AND, AND YOUR HOURS AREN'T TOO LATE OR ANYTHING? NO. 
          YOU DIDN'T GO THROUGH A ZONING CHANGE FOR THIS, RIGHT? NO ZONING CHANGE. 
          OKAY. 
          SAME AS A COUPLE WEEKS AGO ON THE MILITARY SITE, WE'RE NOT A 24 HOUR USE. 
          UM, OUR LONGEST HOURS OF OPERATION DURING THE WEEK ARE 7:00 AM TO 7:00 PM GREAT STAFF. 
          ANY VOICEMAILS? ANY UH, ANYONE SIGNED UP? NO PUBLIC COMMENT. 
          MANNA COMMISSIONER, UH, COMMISSIONER MANNA. 
          AND SO, UM, AND THEN ALSO YOU'RE SAVING THE TREES ON THE FRONT. 
          UM, I GUESS YEAH. 
          FRONT PART THERE AS WELL. 
          RIGHT. 
          SO, SO, UM, THEY AREN'T QUITE AS BIG, BUT THEY'RE PLENTIFUL RIGHT THERE RIGHT AS WELL. 
          OKAY. 
          YEAH. 
          GREAT. 
          THANK YOU. 
          JUST TO CLARIFY, THEIR USE IS PERMITTED BY WRIGHT. 
          OKAY. 
          I WAS JUST CURIOUS IF THERE'S ANY OTHER PUBLIC HEARINGS THAT MAYBE THERE COULD HAVE BEEN ENGAGEMENT THROUGH, BUT, ALL RIGHT. 
          AWESOME. 
          SO NO OTHER QUESTIONS. 
          ALL RIGHT. 
          I'M LOOKING FOR A MOTION BRAGMAN. 
          COMMISSIONER BRAGMAN, I'M MAKING UP FOR LESS TIME. 
           REGARDING CASE NUMBER BO A DASH 26 DASH 1 0 3 0 0 0 3 3. 
          I MOVE THE BOARD OF ADJUSTMENT GRANITE REQUEST FOR 11 FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT TO ALLOW FOR A FOUR FOOT LANDSCAPE BUFFER ON THE NORTHEAST SIDE OF THE PROPERTY, SITUATED AT 1 5 0 1 5 JONES MALTSBERGER ROAD. 
          APPLICANT BEING VELOCITY AUTO CARE. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. 
          SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE. 
          THIS WOULD BE AN IMPROVEMENT OF THE CURRENT BUFFERS THAT EXIST ON THE PROPERTY AND WOULD BE ADEQUATE AMOUNT OF BUFFER SPACE BETWEEN THE COMMERCIAL AND RESIDENTIAL USES. 
          TWO, DUE TO SPECIAL CONDITIONS THAT A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. 
          THE SPECIAL CONDITION ON THIS PROPERTY IS THE LOCATION OF THE ABUTTING RESIDENTIAL PROPERTIES AND THE AMOUNT OF DEVELOPABLE SPACE. 
          A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD CAUSE, WOULD CAUSE UNNECESSARY HARDSHIP AS IT WOULD LIMIT THE AMOUNT OF SPACE FOR CONSTRUCTION AND VEHICLE CIRCULATION. 
          THREE. 
          BY GRANTING THE VARIANCE, THE SPIRIT AND THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL 
          [02:50:01]
BE DONE. 
          SUCH VARIANCE WOULD BE IN THE SPIRIT OF THE ORDINANCE AS THE REDUCTION OF THE BUFFER WOULD BE MODEST AND IMPROVEMENT TO CURRENT CONDITIONS ON THE PROPERTY. 
          FOUR. 
          THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. 
          NO 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 ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          GRANT, THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS AS THEIR SUFFICIENT SEPARATION, EVEN WITH A REDUCED BUFFERS AND THE PROPOSED BUFFER WOULD BE AN IMPROVEMENT TO THE PROPERTY. 
          SIX. 
          THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. 
          THE PLIGHT OF THE PROPERTY OWNERS DUE TO THE EXISTING AND ABUTTING RESIDENTIAL PROPERTIES, EXISTING LOT CONSTRUCTION CONFIGURATION, EXISTING SITE AND ACCESS CONDITIONS TO THIS LOT ON THIS LOT WHICH WERE NOT CREATED BY THE CURRENT OWNER. 
          END OF MOTION. 
          SECOND. 
          SECOND BY COMMISSIONER CRUZ. 
          COMMISSIONER BRAGMAN. 
          UH, YEAH, I THINK THAT THE, THE, UH, APPLICANT HAS DONE THEIR DUE DILIGENCE, UM, AND IT'S ACTUALLY CREATING MORE GREEN SPACE, UM, IS SAVING A HERITAGE TREE. 
          UH, AND THERE'S NO OPPOSITION FROM THE IMMEDIATE NEIGHBORS WHO'D BE MOST IMPACTED. 
          SO I'LL BE IN SUPPORT OF THE MOTION. 
          THANK YOU. 
          COMMISSIONER CRUZ? YES, I CONCUR WITH, UH, MY COLLEAGUE AND I DON'T SEE A PROBLEM WITH, ESPECIALLY SINCE IT'S, UH, GONNA BE A BRAND NEW BUILDING. 
          SO IT WILL IMPROVE THE NEIGHBORHOOD A LOT. 
          THANK YOU. 
          GREAT. 
          ANYONE ELSE LIKE TO ADD HEARING NONE THIS OVER. 
          ROLL CALL VOTE PLEASE. 
          COMMISSIONER BRAGMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER CRUZ. 
          I CONCUR. 
          COMMISSIONER REED? YES, I CONCUR. 
          COMMISSIONER BANEZ? I CONCUR. 
          COMMISSIONER DEAN? I CONCUR. 
          COMMISSIONER MANA? I CONCUR THE FINDINGS OF FACT. 
          COMMISSIONER BENAVIDES? I CONCUR. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER EZ? YES, I CONCUR. 
          COMMISSIONER VASQUEZ, I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES 11 TO ZERO. 
          UH, CONGRATULATIONS. 
          THANK YOU, MR. CHAIRMAN. 
          COMMISSIONERS. 
          HAVE A GOOD DAY. 
          THANK YOU. 
          YES, SIR. 
          ALL RIGHT. 
          LAST NU LAST CASE ITEM 13. 
          THIS IS CASE BO, A TWO SIX DASH 1 0 3 0 0 0 3 6. 
          THE APPLICANT IS RICARD SANCHEZ. 
          IT IS LOCATED ON 1204 DELAWARE STREET. 
          UH, THE ZONING IS RM FOUR AND THE REQUEST IS FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW FOR A STRUCTURE TO HAVE A THREE FOOT REAR SETBACK. 
          THE SUBJECT PROPERTY IS LOCATED ALONG DELAWARE STREET NORTH OF OUR RNS, UH, AVENUE. 
          LOCATED WITHIN THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION. 
          THE APPLICANT IS SEEKING TO REMODEL AND EXPANDING EXISTING EXISTING STRUCTURE ON THE LOT. 
          THE EXISTING STRUCTURE WAS BUILT AS A SHED ACCORDING TO BEXAR COUNTY RECORDS. 
          THE SUBJECT PROPERTY HAS APPEARED IN FRONT OF THE BOARD OF ADJUSTMENT WITH A PRIOR APPLICATION AND IT WAS APPROVED FOR VARIANCE FOR THE LOT SIZE AND SIDE SETBACK BUT WAS DENIED FOR THE REAR SETBACK ON AUGUST 8TH, 2024. 
          THIS WAS WITH A DIFFERENT APPLICANT. 
          THE CURRENT APPLICANT SUBMITTED PLANS FOR THE RENOVATION OF THE SAME STRUCTURE AND PLAN REVIEW. 
          TEAM INFORMED THEM THAT THEY MUST SEEK A VARIANCE FOR THE REAR SETBACK PER TO THE APPLICANT. 
          FIRE MITIGATION PLANS ARE PROPOSED FOR THE STRUCTURE. 
          THIS IS THE CURRENT SITE PLAN AND THIS IS THE SUBJECT PROPERTY THAT'S THE REAR OF THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. 
          STAFF RECOMMENDS APPROVAL IN BO A TWO SIX DASH 1 0 3 0 0 3 6 BASED ON THE FOLLOWING FINDINGS. 
          OF FACT, THE STRUCTURE HAS BEEN PRESENT IN THE SAME LOCATION FOR OVER A DECADE WITHOUT IMPACTING SURROUNDING DEVELOPMENTAL PATTERNS. 
          AND THE PROPERTY ABUTTING THE REAR PROPERTY LINE IS CURRENTLY VACANT. 
          WE MAILED 38, UH, NOTICES. 
          WE GOT ZERO IN FAVOR AND ZERO IN OPPOSITION. 
          AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. 
          AND THAT CONCLUDES STAFF'S PRESENTATION. 
          ALL RIGHT. 
          THANK YOU. 
          AND YOU HAD MENTIONED THAT THERE WAS A STRUCTURE THERE BEFORE. 
          YES. 
          SO WHEN WE LOOKED AT PREVIOUS SATELLITE IMAGES OF THIS PROPERTY, THERE WAS A STRUCTURE IN THAT EXACT SAME FOOTPRINT, UH, DATING BACK OVER 10 YEARS. 
          AND HE'S, AND THEY'RE, SO YOU HAVE A THREE FOOT REAR, SEVEN FOOT. 
          OKAY. 
          SO THE SIDES ARE FIVE FEET. 
          MM-HMM . 
          ALRIGHT. 
          WELL, ALRIGHT. 
          WE, UH, HE SUBMITTED A SURVEY TOO, BUT THIS WAS AFTER THE WRITING OF THE STAFF REPORT. 
          UH, IT'S ACTUALLY A FIVE FOOT REAR SETBACK ACCORDING TO THE SURVEY. 
          I JUST, I I, I JUST WANTED TO MAKE SURE IT, IT HAD A THREE, UH, FIVE FOOT SIDE SETBACKS AS WELL BECAUSE THIS, IT'S JUST A LOT. 
          SO NARROW. 
          [02:55:01]
MM-HMM . 
          I JUST WANTED TO MAKE SURE THAT ALL WE'RE TALKING ABOUT IS THE REAR. 
          ALRIGHT. 
          UM, ANY QUESTIONS FOR STAFF? SO THE APPLICANT COME FORWARD. 
          HELLO, BOARD. 
          UH, MY NAME'S RICARDO SANCHEZ. 
          I PURCHASED THIS PROPERTY WITHOUT KNOWING THAT THE PREVIOUS OWNER, UH, THAT THE, THE PREVIOUS OWNER HAD BUILT THIS TOO CLOSE TO THE, UH, TO THE PROPERTY LINE. 
          UH, AT THE BEGINNING WE THOUGHT WE WERE ONLY, UH, THREE FEET FROM THE SETBACK, BUT WE'RE ACTUALLY, AFTER THE SURVEY CAME BACK, WE'RE ACTUALLY FIVE FEET AWAY FROM THE, FROM THE SETBACK. 
          SO, UH, WE'RE TRYING TO BUILD TOWARDS THE FRONT A BIT. 
          AND, UH, WE SUBMITTED SOME OF THE PLANS. 
          UM, I DID SPEAK TO THE NEIGHBOR TO THE LEFT, AND, UH, THEY WERE IN FAVOR. 
          I WAS TRYING TO GET 'EM TO EMAIL, BUT I, I NEVER GOT AN EMAIL, BUT I WAS ON THE PHONE WITH THEM. 
          UM, SPOKE TO THE WIFE WHO WAS THE OWNER, BOTH SIDES OF, OF ME THEIR RENTALS, UH, WE'RE BUILDING A HOME TO SELL, NOT AS A RENTAL, HOPEFULLY AS A SINGLE FAMILY HOME. 
          OKAY. 
          AND DO YOU, NOW WE HEAR TESTIMONY THAT THERE WAS A STRUCTURE THERE BEFORE. 
          UH, ARE YOU GETTING ANY CLOSER TO THE REAR SETBACK THAN IT WAS PRIOR? DO YOU KNOW? NO. 
          NO. 
          UM, WHEN WE BOUGHT, THE STRUCTURE WAS ALREADY THERE. 
          UM, OKAY. 
          AND THEN, UM, DO YOU HAVE THE, THE PER THE INDIVIDUAL BEHIND YOU? IT'S, IT'S VACANT LAND AND IF, IF YOU HAD A CHANCE TO REACH OUT TO THAT PERSON? I TRIED TO FIND INFORMATION ON 'EM AND, UH, AND I DID NOT. 
          OKAY. 
          AND THEN WHERE IS YOUR AIR CONDITIONING UNIT GONNA GO? IS IT GONNA GO IN THE REAR OR ON THE SIDE? UH, WE WOULD PROBABLY, UH, PLACE IT ON THE REAR. 
          ALRIGHT. 
          ALL RIGHT. 
          ANY QUESTIONS FROM THE COMMISSION? MANNA, MR. MANNA? UM, DOES THE CITY HAVE ANY NOTES FOR, WHAT WAS, I GUESS, WHAT WERE THEIR CHALLENGES ON THE PREVIOUS REVIEW TO KIND OF WARRANT WHY IT WAS THAT, UM, NOT GRANTED IN THE PRIOR DIALOGUE? UM, SO THE PREVIOUS OWNER, OR THE FIRST REQUEST FOR THE ARREAR SETBACK, UM, DIDN'T HAVE KIND OF A DETAILED PLAN OF WHAT WAS GONNA BE DONE. 
          UM, THIS ONE GAVE US A LITTLE BIT MORE INFORMATION ON WHAT THE PROPOSED, UH, DEVELOPMENT WAS GONNA BE. 
          UM, AND THEN IN CONSIDERATION WITH THE PREVIOUS, UH, VARIANCES APPROVED ON THE LOT, THAT'S WHY STAFF RECOMMENDED APPROVAL FOR THIS ONE, FOR A SPECIFIC DIALOGUE FROM THE BOARD. 
          UM, I, I DON'T WHY THEY DENIED IT. 
          UM, I'M NOT SURE, UM, THOSE DETAILS OFF THE TOP OF MY HEAD, SO I MIGHT, SO, UH, ON THE PRIOR REVIEW WAS THE SAME EXACT STRUCTURE PRESENTED TO US AND WE SAID NO. 
          CORRECT. 
          UM, IT WAS APPROVED FOR THE LOSS SIZE AND THE, UH, OTHER SETBACK, BUT THE REAR SETBACK WAS DENIED BY THE BOARD OF ADJUSTMENT IN 2 20 24. 
          AND THEY ASKED FOR A THREE FOOT BACK THEN THEY ASKED FOR A FOUR FOOT REAR SETBACK. 
          AND SO THIS GENTLEMAN'S ASKING FOR FIVE. 
          RIGHT. 
          IT IS FIVE FEET AWAY FROM THE SIT BACK. 
          RIGHT. 
          WE HAD ONLY ADVERTISED THREE, AND YOU'RE SEEING THREE ON THE PRESENTATION MATERIALS BEFORE YOU, BECAUSE WHEN WE WENT ON OUR SITE VISITS, THE UH, FENCE WAS ABOUT THREE FEET AWAY. 
          THE FENCE IS ACTUALLY NOT ON THE PROPERTY LINE AS WE LATER FOUND FROM THE SURVEY. 
          OKAY. 
          AND MAY AGAIN, I'M JUST TRYING TO UNDERSTAND WHY WE REJECTED LAST TIME AND IF THE BUILDING DIDN'T CHANGE AT ALL. 
          'CAUSE I, IF I UNDERSTOOD THAT CORRECTLY. 
          UH, NO, THE BUILDING DIDN'T CHANGE. 
          I THINK THE PERSON WHO PRESENTED BEFORE ALSO THOUGHT THAT MAYBE THE PROPERTY LINE WAS, AND SO, AND THE HOUSE WAS CLOSER. 
          RIGHT. 
          SO I WAS WONDERING IF THAT WAS IT. 
          SO, I MEAN, THREE FEET'S A LITTLE TOO CLOSE. 
          YEAH. 
          SO I WAS JUST TRYING TO FIGURE OUT WHY IT WAS BEFORE THAT WE PROJECTED. 
          OKAY. 
          THANK YOU. 
          ALL RIGHT. 
          IS THERE'S NO OTHER QUESTIONS? OKAY. 
          CAN I? SURE. 
          AND, AND WE'RE ADDING A, A ONE HOUR FAR RATED WALL TO THE BACK OF THE, THE STRUCTURE. 
          WONDERFUL. 
          YEAH. 
          AND YOU HAVE, UM, IT'S, IT'S SINGLE. 
          IT'LL BE A SINGLE STORY. 
          YES. 
          SINGLE STORY THAT MAKES ME EVEN FEEL BETTER. 
          ALL RIGHT. 
          IS ANY VOICEMAILS ANYONE SOUNDED TO SPEAK? NO PUBLIC COMMENT. 
          ALRIGHT, IF THERE'S NO OTHER QUESTIONS. 
          ALL RIGHT. 
          LOOKING FOR A MOTION. 
          MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 3 6. 
          I MOVE TO THE BOARD ADJUSTMENT GRANT REQUEST FOR A SEVEN FOOT VARIANCE FROM THE MINIMUM 10 FOOT REAR SETBACK TO ALLOW A STRUCTURED TO HAVE A THREE FOOT REAR SETBACK SITUATED AT 1 2 0 4 DELAWARE STREET, APPLICANT BEING RICARDO SANCHEZ. 
          BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC 
          [03:00:01]
AS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIP. 
          SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST. 
          THE REAR SETBACK REDUCTION IS NOT CONTRARY TO PUBLIC INTEREST AS THE ADJACENT PROPERTY TO THE REAR IS CURRENTLY VACANT AND THE SUBJECT STRUCTURE HAS EXISTED, UH, WITH THE CURRENT SETBACKS FOR OVER A DECADE, TWO, DUE TO SPECIAL CONDITIONS OR LAW ENFORCEMENT OF THE ORDINANCES THAT WOULD RESULT IN UNNECESSARY HARDSHIP. 
          STAFF FINDS THAT DUE TO THE PROPERTY ALREADY HAVING BEEN PARTIALLY DEVELOPED IN ITS CURRENT LOCATION, MOVING THE STRUCTURE WOULD RESULT IN UNNECESSARY HARDSHIP AS A CLIENT WOULD NEED TO RELOCATE THE STRUCTURE FROM ITS CURRENT LOCATION. 
          DOING THIS WOULD BE A COSTLY ENDEAVOR AND DUE TO THE SIZE OF THE OVERALL LOT IMPRACTICAL. 
          THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE, UH, WOULD BE OBSERVED AS THE RISK OF FIRE SPREAD IS MINIMAL DUE TO THE FIRE MITIGATION REQUIREMENTS AND THE REAR PROPERTY BEING CURRENTLY VACANT. 
          CURRENTLY. 
          YEAH. 
          VACANT, UH, FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. 
          NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. 
          FIVE. 
          SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED. 
          THE VARIANCE WILL NOT INJURE, UH, ADJACENT CONFORMING PROPERTY OR ALTER THE CHARACTER OF THE DISTRICT BECAUSE IT, UH, STRUCTURE FOR WHICH HAS BEEN PRE PRESENT IN THE SAME LOCATION FOR A DECADE WITHOUT IMPACTING SURROUNDING DEVELOPMENT PATTERNS. 
          FURTHERMORE, THE REAR PROPERTY IS CURRENTLY VACANT, REDUCING THE LIKELIHOOD OF ANY ADVERSE EFFECTS. 
          SIX, APPLIED TO THE OWNER FOR, UH, THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON HIS PROPERTY. 
          UNIQUE CIRCUMSTANCES 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, WHICH IS PROPERTY IS LOCATED. 
          UH, THE PLIGHT OF THE OWNER IS DUE TO THE UNIQUE CIRCUMSTANCES SURROUNDING THE DEVELOPMENT OF LOT, HAVING LESS OVERALL SPACE TO PLACE A STRUCTURE ON AND THE STRUCTURE BEING PARTIALLY BUILT WHEN THE APPLICANT BOUGHT THE PROPERTY LEADING TO THE UNIQUE CIRCUMSTANCES ON THIS LOT. 
          END OF MOTION. 
          SECOND, SECOND AWAY. 
          COMMISSIONER CRUZ. 
          QUESTION ABOUT THE SETBACK? YEAH. 
          YEAH. 
          THAT WE WERE DOING FIVE AND FIVE. 
          YEAH. 
          FRIENDLY AMENDMENT TO A CHANGE IT TO A FIVE FOOT STEP. 
          UM, I, UH, ACCEPT THE CHANGE. 
          SORRY. 
          THANK YOU. 
          COMMISSIONER CRUZ. 
          YES, I CONCUR. 
          ALL RIGHT, COMMISSIONER. 
          MAD. 
          THANK YOU FOR THAT CLARIFI CLARIFICATION. 
          MAYBE THAT'S WHY IT WAS THE FIRST TIME IT WAS REJECTED. 
          SO, UM, SO, SO I'M, I'M GONNA MAKE THE ASSUMPTION THAT'S WHY IT WAS REJECTED THE FIRST TIME WAS THREE FOOT WOULD BE, UH, A LITTLE BIT TOO CLOSE, BUT AT FIVE FOOT, UM, UM, I'M OKAY WITH THAT. 
          SO I'LL BE VOTING IN FAVOR. 
          GREAT. 
          COMMISSIONER CRUZ? YES, I CONCUR WITH MR. MANNA. 
          I DON'T SEE A PROBLEM WITH IT BEING FIVE FEET AWAY. 
          THANK YOU. 
          ANYONE ELSE LIKE TO ADD HEARING NONETHELESS? HAVE A ROLL CALL. 
          VOTE PLEASE. 
          COMMISSIONER MANNA. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER CRUZ. 
          I CONCUR. 
          COMMISSIONER REED. 
          I CONCUR. 
          COMMISSIONER IBANEZ? I CONCUR. 
          COMMISSIONER DEAN? YES, I CONCUR. 
          COMMISSIONER BRACKMAN. 
          I CONCUR WITH THE FINDINGS OF FACT. 
          COMMISSIONER BENAVIDES. 
          I CONCUR. 
          COMMISSIONER OZUNA? YES, I CONCUR. 
          COMMISSIONER EZ? YES, I CONCUR. 
          COMMISSIONER VASQUEZ. 
          I CONCUR. 
          CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. 
          MOTION PASSES. 
          CONGRATULATIONS. 
          YOU HAVE ANY QUESTIONS YOU GIVE A STAFF. 
          THANK YOU SO MUCH. 
          [
Approval of Minutes
 ]
THANK YOU. 
          ALL RIGHT THEN WE HAVE THE MINUTES. 
          ANYONE, EVERYONE HAVE A CHANCE TO LOOK AT THEM? ANY AMENDMENTS? UH, MOTION. 
          LOOKING FOR A MOTION? MOTION TO APPROVE THE MINUTES. 
           A SECOND. 
          SECOND. 
          SECOND. 
          A COMMISSIONER CRUZ. 
          ALL IN FAVOR SAY AYE. 
          AYE. 
          AYE. 
          ANY OPPOSED? HEARING NONE. 
          [
Director’s Report
 ]
MOTION. 
          UH, MINUTES ARE APPROVED. 
          IS THERE A DIRECTOR'S REPORT? UH, NOPE. 
          UH, JUST A FROM A REMINDER, THAT WAS THE LAST VOICEMAIL WE HEARD TODAY. 
          THAT WILL BE THE LAST VOICEMAILS WHAT WE'LL HEAR. 
          OKAY. 
          AND THEN, UH, FINANCIAL REPORTS JUST DUE APRIL 1ST. 
          GETTING CLOSE. 
          Y'ALL HAVEN'T DONE THEM YET? MINE'S DONE. 
          JUST CHECKING. 
          JUST CHECKING. 
          ALL RIGHT. 
          WELL IT IS FOUR 16. 
          I CAN'T BELIEVE IT, BUT WE ARE OUTTA HERE. 
          ADJOURNED.
* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.