* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] ALL RIGHT. IT LOOKS LIKE ALL 11, UH, MEMBERS ARE PRESENT. IS THERE A, UH, ARE WE RECORDING? ALL RIGHT. IT IS ONE OH TWO. I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION. IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT, PLEASE. GOOD MORNING. EXCUSE ME. GOOD AFTERNOON WHEN I START THIS. UH, THANK YOU VERY MUCH. UH, STAFF, IF YOU COULD PLEASE CALL ROLL. COMMISSIONER REED PRESENT. COMMISSIONER STEVENS PRESENT. COMMISSIONER IBANEZ PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ HERE. COMMISSIONER GOMEZ. COMMISSIONER MANNA PRESENT. COMMISSIONER BREGMAN PRESENT. COMMISSIONER BENAVIDES PRESENT. COMMISSIONER OZUNA. COMMISSIONER BONNI. HERE. COMMISSIONER VASQUEZ, PRESENT CHAIR ORIAN. AND I'M PRESENT. THAT LOOKS LIKE WE HAVE 11 MEMBERS TODAY. AND IF EVERYONE COULD PLEASE STAND ME AND 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 FOR THE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD ONE. ALL RIGHT, SO BEFORE [ Briefing and Possible Action on the following items  ] WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE. THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME. AND THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPANY AND THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO. WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION, A DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS OR 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'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. AN 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 ON WHICH A REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. THANK YOU. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS HERE TO BE CONSIDERED FOR THE VARIANCE, SPECIAL EXEMPTION OR APPEAL AND PROPERTY WITHIN 200 FEET OF THE SAYS. YOUR PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOW THIS PRESENTATION AND ANY BOARDS BY ANY QUESTIONS BY THE BOARD. THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE, SPECIAL EXEMPTION OR APPEAL. YOU'LL BE CALLED OUT IN AN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALL ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER [00:05:01] AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT'D LIKE TO GIVE UP THEIR TIME TO THE SPEAKER. LAST SPEAKER WILL BE ALLOWED OF MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. THE APPLICANT WILL THEN BEGIN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. AND ONE QUICK QUESTION, ANTOINETTE AND JUAN GONZALEZ, YOU GUYS HERE FOR 1734 SHELLY AVENUE? YES. OKAY. UH, THANK YOU CHAIRMAN. ALRIGHT, WE'RE GONNA START WITH ITEM NUMBER ONE REGARDING 27 51 4 SPUR STREET. I. OKAY. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, SENIOR PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER ONE IS REQUESTED BY MARIO LAROU AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HOT COLLECTION LOCATED AT 2 7 5 1 4 SPUR STREET. THE SUBJECT PROPERTY IS LOCATED AT 2 7 5 1 4 SPUR 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, TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEXAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS. FIVE NOTICES OF DELINQUENCY WERE MAILED BY AVENUE FROM MARCH, 2025 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, 2026. THEREFORE, THE PERMIT WAS REVOKED ON JANUARY 20TH, 2026 AND JANUARY, 2025 THROUGH NOVEMBER, 2025. DELINQUENT PAYMENTS WERE MADE ON JANUARY 30TH, 2026. THERE IS A TOTAL OF 13 UNITS ON THE BLOCK FACE AND NO ACTIVE TYPE TWOS. THE SUBJECT PROPERTY DOES NOT HAVE ANY CODE VIOLATIONS. ALSO ABOUT THE PERMITTING HISTORY. THE PERMIT WAS ORIGINALLY APPROVED ON JANUARY 10TH, 2025, BUT IT WAS REVOKED ON JANUARY 20TH, 2026 DUE TO HOT DELINQUENCY. THIS IS THE COMMUNICATION THAT WAS SENT TO THE A TO THE APPLICANT FROM AVENUE AND THIS IS THE ACTIVE LISTING AS OF TODAY. 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 THERE WERE A TOTAL OF 30 MALE NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM OAK HOLLOW PARK NEIGHBORHOOD ASSOCIATION AND SIX CITY WHITE GRU WERE NOTIFIED WITH NO RESPONSE. THIS CONCLUDES THE STAFF PRESENTATION. FINANCES HERE TO ANSWER ANY QUESTIONS. YEAH. UH, ONE QUICK QUESTION. I NOTICED THAT THE, UH, THE LAST UH, NOTICE FROM AVENUE WAS JULY, UH, AND THEN THE CITY DIDN'T GET INVOLVED UNTIL JANUARY. IS THAT TYPICAL FOR A SIX MONTH GAP TO, TO OCCUR LIKE THAT? UH, UH, CHAIR. SO WHEN WE DO OUR REVIEWS, UH, WE GOT THIS LIST FOR SEPTEMBER OF LAST YEAR, AND BY THE TIME STAFF REVIEWED IT, VERIFY WHICH PERMITS WERE READY FOR REVOCATION. UM, THIS WAS ON A BATCH NUMBER TWO AND THAT WAS WHEN WE, WE REVOKED IT IN JANUARY OF THIS YEAR. SO THAT'S KIND OF THE GAP. UH, WHEN WE REVIEWED IT, WE ONLY HAD ACCESS TO THE JULY AVENUE LETTERS, BUT SINCE THEN AVENUE HAS SENT, CONTINUED TO SEND OUT ADDITIONAL LETTERS AFTER STAFF. OKAY. DID THEIR REVIEW. ALRIGHT, THANK YOU BEDA. COMMISSIONER BEDA, I HAVE A QUESTION. YOU SAID THAT THE, UH, PERMIT WAS REVOKED IN JANUARY. DID YOU, DID YOU MENTION THAT THE LISTING IS STILL LIVE AS OF TODAY? YES. MM-HMM . THERE'S STILL AN ACTIVE LISTING AS OF TODAY. OKAY. THANK YOU. ALRIGHT, THANK YOU VERY MUCH. IS SAID, THE APPLICANT COME FORWARD. HI. STATE YOUR NAME. TELL US ABOUT YOUR SDR, PLEASE. YEP. I, UH, MY NAME IS MARIO LARO. I'M ORIGINALLY FROM NORTH DAKOTA. UM, BUT YEAH, MY FAMILY AND I, UH, GOT INTO THIS PROPERTY AS WE REALLY LOVE SAN ANTONIO AND EVENTUALLY PLAN TO MOVE OUR FAMILY HERE. UM, SO WE KIND OF RUN IT AS A SHORT TERM RENTAL, UH, FOR NOW. UM, I WHERE THAT, WHERE WE WERE DELINQUENT ON THE HOT TAXES WAS, IF YOU GO LOOK AT KIND OF LIKE WHERE THOSE DELINQUENCY LETTERS WERE SENT, THE MANAGEMENT, THERE'S A MANAGEMENT COMPANY THAT RUNS THAT WHEN THEY APPLIED FOR THE LICENSE, THERE WAS AN ADDRESS [00:10:01] THAT WAS LISTED AT FLORIDA ON THERE. SO ALL OF THOSE WERE GOING TO AN ADDRESS THAT, AND LEMME BACK UP. SINCE THEN, THEY HAD, I THINK SHORTLY AFTER THEY APPLIED FOR THE LICENSE, THEY HAD MOVED OFFICES. SO THEN I WASN'T RECEIVING ANY DELINQUENCY NOTICES. THE MANAGEMENT COMPANY WASN'T RECEIVING ANY. SO THE ONLY NOTICE I EVER GOT WAS THE FINAL, UM, NOTICE THAT HEY, YOUR, YOUR LICENSE IS REVOKED, WHICH YOU CAN ON THE LIST OF WHERE, UH, THOSE LETTERS WERE BEING SENT. NO ONE EVER GOT THEM. SO THEN ONCE I FOUND OUT WHAT WAS GOING ON, IT TOOK ME A FEW HOURS TO CALL DIFFERENT OFFICES AND I REALIZED THEY WERE ALL BEING SENT TO THE WRONG ADDRESS. AND THEN ONCE WE FIGURED OUT WHAT, WHAT WAS WRONG, WE COMMUNICATED CORRECTLY. WE GOT ALL THOSE THINGS UP TO DATE AND PAID. UM, SO THAT THAT NO LONGER HAPPENS. NOW THERE'S A PLAN MOVING FORWARD SO THAT WE'RE MAKING SURE THAT WE'RE STAYING UP TO DATE ON ALL OF OUR TAXES. SO REALLY MISCOMMUNICATION. THE LETTERS WEREN'T GETTING, NO ONE WAS REALLY RECEIVING THE DELINQUENCY NOTICES AND NOW I, UM, WE'RE, WE'RE UP TO DATE ON EVERYTHING THAT WE NEED TO BE AND THERE'S A PLAN MOVING FORWARD SO THAT WE'RE NOT GONNA BE MISSING ANY OF THOSE MOVING FORWARD. SO, AND LIKE FOR ME AS LIKE KIND OF THE, THE HOMEOWNER, I'VE KIND OF TAKEN SOME TIME TO TRY AND MEET SOME OF THE NEIGHBORS AS WELL SO THAT WE'RE KIND OF BEING, MAKING SURE, UH, WE'RE A POSITIVE PROPERTY IN THE NEIGHBORHOOD, UM, TRYING TO MAKE SURE WE TAKE CARE OF THE YARD AND ALL THOSE THINGS. UM, PROPERTY WE REALLY CARE ABOUT. UM, AND LIKE LONG TERM, EVENTUALLY MY FAMILY AND I WOULD MOVE DOWN HERE AND MOVE IN THERE. ALRIGHT, THANK YOU VERY MUCH. ANY QUESTIONS FOR THE APPLICANT? BRAGMAN, COMMISSIONER BRAGMAN, UM, SO THE MANAGEMENT COMPANY WASN'T HAVING THEIR MAIL FORWARDED TO THE NEW ADDRESS? I GUESS I'M NOT EXACTLY SURE, BUT THEY SAID THEY WEREN'T, THEY WENT FROM AN ADDRESS IN FLORIDA AND I ACTUALLY DON'T KNOW WHAT THE, THEIR NEW COMPANY ADDRESS WAS, BUT THEY SAID THAT THEY HADN'T BEEN RECEIVING THOSE NOTICES EITHER. SO I, YOU WOULD THINK IT WOULD GET FORWARDED, BUT THAT WAS NOT, WHAT I WAS TOLD WAS THAT THEY WEREN'T RECEIVING THOSE NOTICES AND THEY WERE JUST SENT VIA MAIL. OKAY. UM, THANK YOU MANANA COMMISSIONER MANANA. SO QUESTION FOR THE CITY STAFF. UM, SO, SO DOES APPLICANT APPLIED FOR A POSITION OR FOR, APPLIED FOR A PERMIT? WAS THERE ANY COMMUNICATION THAT WAS RECEIVED BACK BY THE CITY ACKNOWLEDGING OR, YOU KNOW, THE FIRST HOT DIALOGUE OR ANY, ANYTHING THAT WENT ON? OR WAS IT ALWAYS MISSED FROM DAY ONE? CAN I HEAR THAT QUESTION? WAS THERE ANY COMMUNICATION BACK FROM THE APPLICANT AFTER THEY APPLIED FOR THE PERMIT? UM, FROM OUR RECORDS, I DON'T SEE ANY COMMUNICATION AFTERWARDS, WE DID RECEIVE AN EMAIL FROM THE OWNER AND THE OPERATOR ONCE THE PERMIT WAS REVOKED ON WHAT THEIR OPTIONS WERE MOVING FORWARD FOR THEIR PER PERMIT. OKAY. SO, SO YO WE AND AND WE'VE HAD THIS DIALOGUE BEFORE AND I, YOU KNOW, I I WOULD, I WOULD PREFER IT IF, YOU KNOW, IF YOU DON'T RECEIVE SOMETHING THE CITY DOESN'T RECEIVE SOMETHING THAT THEY DO THAT OUTREACH TO GET AT LEAST THAT FIRST CONNECTION DONE SO THAT ALL THE LINES AREN'T CROSSED AND YOU KNOW, THEY KINDA GO THROUGH THAT. AND SO, SO I STRUGGLE WHEN IT IS THAT, YOU KNOW, ON THE GET GO, WE DON'T HEAR BACK FROM THE APPLICANT AND SO THAT SEEMS SOMETHING'S AMISS THERE TO CLARIFY. SO FOR DSD, UM, OURS AN ONLINE E-BUSINESS, SO ALL OF OUR COMMISSIONS VIA EMAIL. I SEE. WHEN THEY INITIALLY APPLIED FOR THEIR PERMIT, THERE WAS COMMUNICATION BACK AND FORTH WITH THE EMAIL, THE OWNER AND THE OPERATOR VIA EMAIL TO GET THEIR PERMIT ISSUED. AGAIN, FOR AS A, FOR AVENUE, THEY'RE THE THIRD PARTY CONTRACT AND THEY DO MAIL THE NOTICES. SO WE DON'T REALLY HAVE INFORMATION REGARDING THEIR PROCESS. I GUESS MY POSITION IS, YOU KNOW, AFTER THE FIRST MONTH WHEN IT IS THAT THE HOT TAX IS DUE AND THAT THAT CYCLIST SKIPPED THAT, YOU KNOW, TO ME THERE'S SOMETHING, YOU KNOW, AMISS SOMEWHERE ALONG THE LINE AND THAT'S A, THAT'S A POINT WHERE WE CAN CATCH IT VERSUS SIX MONTHS DOWN THE ROAD AND ALL OF A SUDDEN WE'RE REVOKING IT. SO, SO ANYWAYS. AND UH, SO ANOTHER QUESTION IS, DID THIS APPLICANT, UH, UH, WAS HE ASSESSED A FINE AND HAS AND IF SO, WAS THAT FINE PAID? HI, UM, IF IT'S FOR PENALTIES, HE HAS, EVERYTHING HAS BEEN PAID. ALL RIGHT, THANK YOU. IF THERE'S NO OTHER QUESTIONS BONNE MR. STEVENS BON YEAH. FOR THE APPLICANT. UM, BEAUTIFUL PLACE YOU HAVE HERE. VERY NICE, VERY NICE SETUP. THANK YOU. UM, WHAT'S THE, YOU SAID YOU HAD A PLAN MOVING FORWARD TO MAKE SURE THIS DOESN'T HAPPEN AGAIN. WHAT IS THAT PLAN? SO THE MANAGEMENT, WELL I TALKED TO THE MANAGEMENT COMPANY AND THEY SPECIALIZE IN DOING ALL THIS, BUT THE MANAGEMENT COMPANY IS GONNA BE TAKING CARE OF MAKING SURE ALL THE TAXES ARE PAID MOVING FORWARD. THERE WAS KIND OF A MISCOMMUNICATION ON WHERE THOSE LETTERS WERE BEING SENT AND THEN WHO WAS DOING IT, BUT NOW THEY'RE, EVERYTHING IS SET UP SO THAT THOSE ARE BEING PAID ON TIME. OKAY. ARE YOU AWARE OF THE DATE THAT YOU NEED TO HAVE THAT, THAT SUBMITTED BY? UM, I'M NOT SURE OF YOUR, THE DATE THAT WHAT'S SUPPOSED TO BE SUBMITTED WHEN YOU GOTTA GO ON AVENUE ON THE SITE AND YOU HAVE TO SUBMIT YOUR, YOUR REPORT. DO YOU KNOW WHAT DATE THAT IS? I GUESS OFF THE TOP OF MY HEAD, I DON'T KNOW. I JUST KNOW THAT THE MANAGEMENT COMPANY SAID, HEY, FROM HERE MOVING FORWARD, UM, WE'RE TAKING CARE OF ALL THE TAXES SO THAT [00:15:01] WE'RE NOT GETTING INTO GOTCHA. CITY. COULD WE, COULD WE CONFIRM WHAT THAT DATE IS THAT THEY NEED TO REPORT THIS BY? UM, SO THEY HAVE TO THE, WE HAVE UNTIL THE, FOR LIKE TO REPORT FOR THE MONTH OF APRIL. THEY HAVE UNTIL THE END, UM, OF MARCH 31ST REPORT. I THOUGHT IT WAS, SORRY, I THOUGHT IT WAS THE 10TH OF THE MONTH. HOLD ON. IT'S THE 10TH OF THE FOLLOWING MONTH, ISN'T IT? IT'S THE 20TH DAY TO REPORT THE PREVIOUS MONTH ONLINE. OKAY. OKAY. I, BECAUSE I, I SWEAR WHEN I WENT ON AVENUE AND TRIED TO REPORT AFTER 10 DAYS, THEY WERE TRYING TO CHARGE ME A PENALTY. IT'S NOT, IT'S NOT THE 10TH. 'CAUSE I, I TRIED TO FILE LAST MONTH AND THEY WERE GETTING ME ON THE 10TH. LIKE WHEN I FILED PAST THE 10TH, I, FROM MY RECORD, IT'S ALWAYS BEEN THE 20TH OF EACH MONTH. THEY HAD TO REPORT FOR THE PREVIOUS MONTH TO AVOID PENALTY AND LATE FEES, SO, SO THE 20TH. SO JUST HAVE A REALLY GOOD UNDERSTANDING OF WHEN THAT'S DUE. UH, I GUESS A BIG THING THAT WE'RE TRYING TO SEE HERE IS, YOU KNOW, WHEN YOU GUYS HIRE MANAGEMENT COMPANIES OR A MANAGER, YOU GUYS PUT A LOT OF THE, THE LOAD ON THEM, HOWEVER IT'S YOU GUYS WHO DO IT. ABSOLUTELY. AND YOU GUYS HAVE TO MAKE SURE THAT, THAT IT'S PAID ON TIME, NOT THE MANAGEMENT COMPANY. SO I JUST WANT TO, JUST TO UNDERSTAND THAT THAT'S THERE. THAT WAY YOU CAN BE ON TOP OF THE MANAGEMENT COMPANY. UM, AND WE'RE GOOD WITH THAT. ARE YOU CURRENT ON EVERYTHING THOUGH RIGHT NOW? UH, THE FOLLOWING MONTH, SO I GUESS WHAT WOULD'VE BEEN MARCH? UM, IT'S NOT DUE YET, BUT THAT ONE IS PLANNED TO GET PAID. SO THAT WOULD BE THE ONE. I BELIEVE THAT'S THE ONE MONTH THAT WE'RE, UM, STILL HAVE TO PAY, BUT WE STILL HAVE TIME TO PAY THAT ONE. OKAY. AND HOW MANY DOES IT SLEEP? THE PROPERTY? UH, IT'S SLEEP 16. 16, UH, CITY. WHAT'S THE, THE LIMIT ON, ON, UH, OCCUPANTS? IS IT BY ROOM OR IS IT BY PARKING SPACE? UM, IT'S BY SLEEPING AREAS. SO USUALLY IT'S 70 SQUARE FOOT ROOM ALLOWS FOR TWO PEOPLE. IF ANYTHING IS IN EXCESS OF THAT. WE PROVIDE THEM, THEY PROVIDE THE SQUARE FOOTAGE FOR EACH ROOM AND WE VERIFY THAT THEY CAN OCCUPY MORE THAN TWO PEOPLE. OKAY, GOTCHA. OKAY. THAT'S IT. THANK YOU. COMMISSIONER STEVENS, UH, FOR CITY STAFF, IF THE, THE PERMIT WAS ISSUED JANUARY 10TH AND UH, A DELINQUENCY NOTICE WAS SENT OUT AT THE END OF MARCH, IS THAT INDICATIVE OF THEM HAVING PAID THE FIRST THREE MONTHS OR IS IT JUST THE 90 DAYS IT TAKES TO CATCH UP FOR WHEN WE DID A REVIEW, WE BASED IT OFF THE LAST TIME WE DID THE PERMIT REVOCATION. AND SO WE STARTED OFF LOOKING AT MARCH LETTERS, BUT HE DID RECEIVE LETTERS PREVIOUSLY FOR FEBRUARY. WAS HOT TAX EVER PAID AT THE TIME HE RECEIVED THOSE NOTICES? NO, THE PAYMENTS WERE NOT MADE FOR ANY OF THE MONTHS SINCE, FOR JANUARY, 2025 TO SEPTEMBER, 2025. NOVEMBER, 2025 UNTIL JANUARY 30TH, 2026. THANK YOU. IVAN. COMMISSIONER IVANEZ, UM, MR. LAROU ARE, ARE YOU AWARE OF THE PROCESS THAT YOUR MANAGEMENT COMPANY HAS TO DO EACH MONTH THAT THEY HAVE TO GO IN TO THE, UH, SITE TO PAY THEIR COUNTY TAXES AND THEN TO POST THE REVENUE THAT WAS MADE, UM, IN BOTH THE CITY AND THE COUNTY? ARE YOU AWARE OF THAT PROCESS? I GUESS I'M NOT FROM LIKE START TO FINISH, I JUST KNOW THAT YOU HAVE TO GO IN REPORT ALL OF THOSE NUMBERS. THEY'VE INFORMED ME, HEY, WE'RE HANDLING THIS, THIS IS WHAT WE DO. UM, IT SOUNDS LIKE THEY DROPPED THE BALL ON YOU, SIR. A HUNDRED PERCENT THEY DID. AND I, I REALLY, UH, THINK YOU NEED TO, UH, THINK ABOUT GETTING A DIFFERENT MANAGEMENT COMPANY 'CAUSE THIS IS COSTLY TO YOU. YEAH, ABSOLUTELY. AND IT, THAT CONVERSATION HAS ALREADY HAPPENED. I'VE, WE HAVE A GOOD RELATIONSHIP WITH, UH, ONE OF OUR NEIGHBORS NOW JUST TALKING WITH HIM, UM, SOMEONE THAT'S LIVED IN THE NEIGHBORHOOD. SO WE ACTUALLY HAD SOME GREAT CONVERSATIONS THIS PAST WEEK, UM, ABOUT HOW I, 'CAUSE I WANT, WE WANT THIS TO BE AN AWESOME PLACE, UM, FOR US TO COME STAY, UM, AND FOR OTHER PEOPLE TO ENJOY AND, BUT YEAH, SO THERE'S ALREADY BEEN CONVERSATIONS ABOUT MAKING SWITCHES SO THAT, MAKING SURE WE'RE DOING EVERYTHING EXACTLY BY THE BOOK THAT WE NEED TO AND IT'S A POSITIVE PROPERTY FOR THE CITY COMMISSIONER BENEVIDEZ, UM, I'M JUST CURIOUS, SO ARE YOU SAYING THAT YOU, THAT THIS IS STILL AN ACTIVE LISTING FEBRUARY AND MARCH OF THIS YEAR? UM, YEAH, I, YEAH, I WAS 'CAUSE WE WERE KIND OF IN THE APPEAL PROCESS, SO I GUESS I WASN'T, SO, UH, I GUESS TO ANSWER YOUR QUESTION, YES, BUT YOUR PERMIT WAS TERMINATED IN JANUARY OF THIS YEAR, RIGHT? YEAH. SO WE, UM, YEAH, SO WE GOT THE REVOCATION AND THEN WE WERE KIND OF ON APPEAL, SO WE DIDN'T, WE WEREN'T TAKING ANY MORE ACTIVE LISTINGS, UM, FOR THAT I GUESS UP UNTIL NOW. SO, SO HAVE, I GUESS MY QUESTION IS THE, HAS IT BEEN RENTED, UM, [00:20:01] SINCE, DID YOU HAVE ANY, ANY, THERE WAS A COUPLE OF GUESTS THAT HAD STAYED THAT WERE PREVIOUSLY BOOKED ON THERE MM-HMM . FOR FEBRUARY AND MARCH? YEAH. I, I, I DON'T REMEMBER OFF THE TOP OF MY HEAD. I DON'T HAVE THE EXACT DATES. OKAY. COMMISSIONER BRAGMAN, UH, ONE MORE QUESTION. DO YOU HAVE THE ABILITY TO GO IN AND CHECK AND MAKE SURE THAT THE REPORTS HAVE BEEN FILED AND THAT THE TAXES HAVE BEEN PAID? YES. I, I WOULD HAVE AN ACCOUNT TO GO ON THERE JUST TO MAKE SURE WE'RE KIND OF LIKE DOING A DOUBLE CHECK TO MAKE SURE EVERYTHING'S DONE PERFECT BECAUSE I WANT IT TO BE, I DON'T WANT HAVE TO BE HERE AT THIS MEETING 'CAUSE WE WEREN'T DOING THINGS THE RIGHT WAY. AND THE INTENTION IS I'M GONNA BE A LITTLE MORE ACTIVELY INVOLVED, JUST MAKING SURE THINGS ARE GETTING DONE. OKAY. PERFECT. THANK YOU. YEP. ANY OTHER QUESTIONS? UH, LAST ONE FOR THE CITY BON YES. COMMISSIONER, UH, IS THERE ANY OTHER, UH, APPLICATIONS, UH, FOR THE CITY BLOCK RIGHT NOW? NOT AT THIS TIME, NO. OKAY. DEAN, COMMISSIONER, DEAN, UH, IT WAS MENTIONED EARLIER, UM, THAT YOU WERE CURRENT, AND THIS QUESTION MAY BE FOR THE CITY. UM, HOW MU HOW MUCH WAS IT THAT, THAT THE APPLICANT HAD TO PAY TO BE CURRENT? I'M JUST CURIOUS ON THE ESTIMATE OF THE TAXES. I, UM, IT'S UM, I WOULD SAY ABOUT $4,000. OKAY. ABOUT 4,000 TO BE CURRENT. OKAY. MM-HMM . AND THAT'S WHAT YOU PAID BECAUSE TO BE CURRENT THAT YOU'RE TRACKING? IS THAT FOR ME OR? YEAH. OH YES. OKAY. ALRIGHT. HOW MUCH OF THAT WAS A FINE? I'D HAVE TO GO LOOK OFF THE TOP OF MY HEAD. I KNOW WE PAID THE $600 TO APPEAL. UH, SO FOR STAFF, HOW MU WHAT IS A FINE ON SOMETHING LIKE THIS? IT WAS ABOUT $334. ALL RIGHT, THANK YOU. YEAH. OKAY. ANY OTHER QUESTIONS? STEVENS, MR. STEVENS? WE GET THESE A LOT AND I'M JUST, I'M, I'M STRUGGLING TO FIND THE HARDSHIP ON YOUR END, ASIDE FROM, I MEAN, YOU HIRED A CRAPPY MANAGER, YOU KNOW, LIKE I JUST DON'T SEE WHERE THE HARDSHIP IS, LIKE TECHNICALLY FOR ME TO BE IN FAVOR OF, OF THIS. I'M, I'M NOT SURE WHAT THE QUESTION IS. WELL, DID THIS, WE'RE ASKED WHETHER OR NOT THE CITY MADE AN ERROR IN REVOKING YOUR PERMIT AND I, I, I'M JUST LIKE, I'M TRYING TO FIND THAT ERROR AND I DON'T NECESSARILY SEE ONE. SO I GUESS WE'RE, SO IF YOU GO LOOK AT WHERE THE, THEY HAD THE LIST OF, THIS IS WHEN THE NOTICES WERE SENT OUT, THEY'RE ALL SENT TO A, AN ADDRESS THAT WASN'T EXISTING WITH, THAT THE MANAGEMENT COMPANY HAD. SO THEN I WASN'T RECEIVING ANY OF THE NOTICES AND THE FATHER BASICALLY THE, THE EMAIL WAS SENT TO ME AT THE END WHEN IT WAS REVOKED. AND THAT'S WHERE I WAS LIKE, WAIT, WHAT IS GOING ON HERE? I THOUGHT ALL THIS WAS BEING HANDLED. AND I GUESS THAT ULTIMATELY IT, IT'S MY FAULT, UM, WHERE I SHOULD HAVE KINDA MAYBE BEEN MORE ON TOP OF THIS, BUT YOU'RE TRUSTING A MANAGEMENT COMPANY THAT SAYS THEY'RE DOING THINGS THE RIGHT WAY AND MADE STEPS TO FIX ALL THOSE THINGS, UM, OVER THE LAST CO I GUESS COUPLE OF MONTHS, UM, JUST TO MAKE SURE WE'RE STAYING ON TOP OF ALL THAT STUFF. SO I GUESS I WASN'T RECEIVING ANY OF THOSE NOTICES. THE MANAGEMENT COMPANY WASN'T RECEIVING THE NOTICES BECAUSE THEY WERE GOING TO AN ADDRESS THAT DIDN'T EXIST ANYMORE. BEDA, ARE YOU STILL STILL THE SAME MANAGEMENT COMPANY? WELL, FOR RIGHT NOW, YES. I WAS KIND OF WAITING TILL I GUESS TODAY WAS DONE. UM, BUT WE KIND OF HAVE PLANS. I'VE ALREADY TALKED TO SOME DIFFERENT PEOPLE ABOUT MAKING THE SWITCH SO THAT, UH, WE'RE GETTING GOOD SERVICE TO MAKE, MAKE SURE WE'RE NOT HAVING THIS ISSUE ANYMORE. ALRIGHT. THANK YOU VERY MUCH. THANK YOU. UH, BON I GOT ONE MORE QUESTION FOR THE ACO. UM, DO YOU HAVE ANY OTHER STR THAT YOU OPERATE? UH, NOT IN TEXAS. NO. GOTCHA. UH, HOW MANY DO YOU OPERATE? WE JUST DO, UH, OUR FIRST HOUSE THAT MY WIFE AND I EVER MOVED INTO BACK IN, IN NORTH DAKOTA, WE DO THAT, THAT'S OUR HOMETOWN AND WE TRY TO RUN A VERY TIGHT SHIP WITH THAT. AND THAT'S, SO THAT'S OUR OWN SURE. UM, AT HOME. GOTCHA. OKAY. AND DO YOU HAVE A MORTGAGE ON THIS PROPERTY? YES, I DO. GOTCHA. OKAY. UM, YEAH, AND, AND I GUESS MY, MY ONLY OTHER, UM, COMMENT WOULD BE, YOU KNOW, I KNOW THAT THE SITE, YOU KNOW, TAKES 15%. SO I KNOW A LOT OF THE, YOU KNOW, STR OPERATORS OR OWNERS, YOU KNOW, THEY ALREADY THINK AIRBNB'S TAKING ALL THE TAXES OUT, WHICH THEY ARE. THEY'RE TAKING, THEY'RE TAKING STATE AND THEY'RE TAKING, UH, CITY, RIGHT? THEY'RE TAKING 15% OF IT. SO PEOPLE SEE A BIG CHUNK GO OUT AND THEY THINK, OH, I'M GOOD. THAT'S YOU TOOK 15%. BUT WE ALWAYS FORGET ABOUT [00:25:01] THE 1.75% THAT NEEDS TO GO TO THE COUNTY, UH, HERE. UM, IT'S A LOT OF TAXES. I I, I SEE THAT, BUT IT'S THE WAY IT IS HERE AND IT CAN GET CONFUSING. UM, BUT I THINK I, I WOULD AGREE THAT IT GETS CONFUSING. YEAH. LIKE THERE'S THE STUFF FROM THE COMPTROLLER AT, AT ONE POINT I, 'CAUSE I GOT A NOTICE FOR THAT AND I ACTUALLY SENT A CHECK IN, UH, IT WAS ABOUT $1,500. SO I SENT A CHECK IN THAT ACTUALLY EVENTUALLY GOT MAILED BACK TO ME. THEY SAID, OH, YOU OVERPAID. 'CAUSE I WANTED TO MAKE SURE IT WAS UP TO DATE. UM, SO JUST, I GUESS IT COULD KIND OF, HONESTLY, THERE'S A LOT OF DIFFERENT THINGS TO TRY TO MANAGE WITH ALL THE TAXES. SURE. UM, BUT I FEEL LIKE I'M MORE INFORMED ON IT NOW, JUST TRYING TO LEARN THE PROCESS. GOTCHA. OKAY. THANK YOU. THANK YOU. ALL RIGHT. THANK YOU. IF THERE'S NO OTHER QUESTIONS, LET'S HAVE LOOKING FOR A MOTION. RIGHT. BONUS, UH, COMMISSIONER, I'LL GIVE IT TO COMMISSIONER BOIS. NO PUBLIC COMMENTS. THANK YOU. UH, REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 1 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 27 51 FOREST SPUR STREET APPLICANT BEING MARIO LAMORO. SORRY IF I MISPRONOUNCE THAT BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH 10 D WHEN REVOKING THE SHORT TERM RENTAL PERMIT AND A MOTION SECOND. SECOND BY COMMISSIONER BRACKMAN, UH, AND STAFF. THERE WASN'T ANY PUBLIC COMMENT ON THIS, RIGHT? NO. OKAY. I DIDN'T. OKAY. THINK NOTICE ANY. ALL RIGHT, COMMISSIONER BONIS. YEAH, I'M GONNA BE IN FAVOR OF THIS. WHILE I DON'T, UH, THINK THAT THE CITY, YOU KNOW, DID ANYTHING IN ERROR, UM, WE DO SEE A LOT OF THESE CASES. UM, I THINK THAT THE, THE HOMEOWNER IS SHOWING GOOD FAITH BY BEING HERE, BY PAYING HIS $600 TO, TO REVOKE THE APPEAL BY PAYING HIS LATE FEES, BY GETTING UP TO DATE, BY BECOMING MORE AWARE AND HAVING A PLAN. UM, WE, WE STILL COLLECT, UH, UH, 15, YOU KNOW, WE, WE NEED THE, THE, THE HOT REVENUE THAT IS BEING COLLECTED HERE. THERE'S NO OTHER APPLICANTS ON THE CITY BLOCK. UM, SO FOR THOSE REASONS, I'LL BE IN FAVOR. THANK YOU, COMMISSIONER. UH, BRAGGING, UM, I AGREE WITH MY COLLEAGUE. I DON'T THINK THAT THE CITY MADE AN ERROR, BUT I DO FEEL LIKE THE APPLICANT IS, UM, TRYING TO, UH, RECTIFY THE SITUATION. UM, AND IT SOUNDS LIKE, AND I WOULD HIGHLY ENCOURAGE YOU TO LOOK AT ANOTHER MANAGEMENT COMPANY, BUT, UM, I'LL BE IN SUPPORT. THANK YOU. ANYONE ELSE LIKE TO ADD HEARING NONE. HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER BREGMAN? I CONCUR. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER E BONIS. I DO NOT CONCUR. COMMISSIONER DEAN? I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MENA? I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I DO NOT CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. CHAIR ORIAN. UH, I CONCUR WITH THE FINES OF FACT. UH, HOWEVER THE MOTION DOES FAIL. UH, SIX TO FIVE. AND, UM, SO IF YOU HAVE ANY, UH, QUESTIONS YOU CAN ASK STAFF, SIR. ITEM NUMBER TWO, GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, SENIOR PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER TWO IS REQUESTED BY KILLEEN GRIFFIN AND FAIRMONT PLLC AND IS REQUESTING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE. THE SUBJECT PROPERTY IS LOCATED AT 3 3 5 EAST PARK AVENUE. SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTI-FAMILY. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE. PER THE 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, THERE'S A TOTAL OF 33 UNITS ON THIS BLOCK. FACE FOR ACTIVE TYPE TWOS ARE CURRENTLY ACTIVE AT 3 2 7 EAST PARK AVENUE UNITS ONE THROUGH FOUR AND THE BLOCK FACE IS CURRENTLY AT 12.1%. IF AN ADDITIONAL TYPE TWO GETS APPROVED, THE BLOCK FACE WILL BE AT 15% EXCEEDING THE 12.5 DENSITY LIMITATION FOR TYPE TWO ST. YOURS. THERE IS NO CODE VIOLATIONS OR INVESTIGATIONS AND THERE IS NO ACTIVE LISTINGS AS OF TODAY. 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 REQUEST AND THERE WERE A TOTAL OF 42 MALE NOTICES. [00:30:01] TWO IN FAVOR, TWO IN OPPOSITION. TOBIN HILL COMMUNITY NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. NO RESPONSE FROM SAN ANTONIO. DISTRICT ONE RESIDENT ASSOCIATION AND SIX CITYWIDE GROUPS ARE NOTIFIED WITH NO RESPONSE. THIS CONCLUDES THAT PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. YEAH, I HAVE A QUICK QUESTION ON THE DENSITY COUNT MAP. UM, YOU SAID THERE WAS FOUR ACTIVE TYPE TWOS? YES. UH, I SEE THE, I SEE THE PURPLE GRANDFATHERED ONE. WHERE CAN CAN YOU? YEAH. UM, THE UNITS ONE THROUGH FOUR ON 3 27, THEY'RE ALL GRANDFATHERED. OH, ALL FOUR? YEAH, ALL FOUR. ALRIGHT. THANK YOU. YOU'RE WELCOME. HAS HAVE THE APPLICANT COME FORWARD. THANK YOU. HELLO, STATE YOUR NAME. TELL US ABOUT THE SDR. HI, I AM ASHLEY FAIRMONT, KILLEN GRIFFIN, AND FAIRMONT. I HAVE A PRESENTATION. THANK YOU. THANK YOU. UH, GOOD AFTERNOON COMMISSIONERS. I'M HERE ON BEHALF OF THE OWNER OF 3 3 5 EAST PARK REQUESTING THE SPECIAL EXCEPTION FOR THE DENSITY LIMITATION. UM, HERE'S THE PROPERTY AT 3 3 5 EAST PARK AVENUE. ONE OF THE MAIN REASONS, AND I'LL GET TO IT, THAT WE'RE REQUESTING THE DENSITY, UM, EXCEPTION TODAY IS, UM, BECAUSE THIS PROPERTY IS HISTORIC, IS LOCATED WITHIN A HISTORIC NEIGHBORHOOD AND HAS BEEN RESTORED. UM, AND THAT PROVISION IS PART OF THE CODE AND, AND DON'T FEEL LIKE IT'S USED VERY OFTEN, IF AT ALL, WITH THE COMMISSION. UM, BUT IT IS AN IMPORTANT REASON OF WHY THIS PROPERTY WAS RESTORED, UM, AND WOULD LIKE TO SEEK THAT EXCEPTION. UH, YOU CAN SEE THE PROPERTY HERE, UH, JUST A COUPLE DIFFERENT ANGLES. UH, THE PROPERTY IS 0.1 6, 5, 5 ACRES, 2,500 SQUARE FOOT STRUCTURE, UM, AND ZONE SINGLE FAMILY. SO HERE'S THE STRUCTURE. UM, AND THE OWNER HAS PUT QUITE A BIT OF MONEY AND EFFORT INTO RESTORING IT AND IT, IT LOOKS REALLY GREAT. UH, HERE'S THE BACKYARD. I HAVE SOME PICTURES OF THE INSIDE THAT I'LL SHOW YOU ALL IN A LITTLE BIT. UM, JUST ABOUT THE, THE HISTORIC NATURE OF THE STRUCTURE. IT WAS BUILT IN 1909. IT IS WITHIN THE TOBIN HILL HISTORIC DISTRICT. UM, THERE'S A LIST THERE OF ALL OF THE DIFFERENT RENOVATIONS THAT, UM, WERE DONE SPENDING HUNDREDS OF THOUSANDS OF, OF DOLLARS ON THIS HOUSE. UM, AND THAT HAS ALL BEEN CERTIFIED AND REQUIRES APPROVAL FROM HDRC. UM, SO AS YOU ALL KNOW, YOU GO TO HDRC, YOU GET APPROVAL OF YOUR PLANS FOR THE RENOVATIONS AND D YOU KNOW, KNOW WHATEVER YOU DO TO HISTORIC STRUCTURE. UM, AND THEN AT THE END OF 2024, THOSE, UM, RENOVATIONS WERE CERTIFIED AS PART OF THE TAX, UH, CREDIT, UM, I GUESS PROGRAM THAT THE CITY HAS. AND JUST THE, THE HISTORIC NEIGHBORHOOD, UM, INCLUDED JUST A COUPLE OF ZONING MAPS TO SHOW THE DIFFERENT ZONINGS OF THE AREA. THERE IS R SIX, SINGLE FAMILY, ALSO MF 33 AND COMMERCIAL. UM, JUST DOWN THE STREET ZOOMING OUT A LITTLE BIT FURTHER, YOU CAN SEE THE DIFFERENT, UM, MIXTURE OF USES IN THE AREA. AND THEN ALSO THE FUTURE LAND USE PLAN DOES CALL FOR A VARIETY OF DIFFERENT RESIDENTIAL, UM, DENSITIES AND UP TO MF 18. SO 18 UNITS AN ACRE. SO I I JUST INCLUDED THIS TO SHOW, YOU KNOW, THERE'S A LOT ABOUT CHARACTER AND WE THINK THAT THE STR FITS IN WITH THE CHARACTER OF THIS AREA AND IS NOT, UM, IN ANY WAY DISTURBING THAT. UM, IN 2024, UH, THIS PROPERTY WE HAVE APPLIED FOR A SPECIAL EXCEPTION BEFORE, SOME OF YOU MAY REMEMBER IT, UM, IN 2024 THERE WAS ANOTHER TYPE TWO STR ON THE BLOCK FACE. UM, THAT TYPE TWO STR IS NO LONGER THERE. SO WE THINK THAT IT WAS AN OPPORTUNITY TO REQUEST THE DENSITY LIMITATION GO UP TO 15%, SLIGHT INCREASE. SO INSTEAD OF FIVE OR THIS IN 2024, IT WOULD'VE BEEN THE SIXTH STR, BUT NOW IT WOULD BE THE FIVE. ALSO, THIS PROPERTY IS IN A UNIQUE SITUATION, UH, AS STAFF MENTIONED, IT IS NEXT DOOR TO THE ONLY OTHER TYPE TWO STS ON THE BLOCK. AND THAT STRUCTURE HAS FOUR TYPE TWO STR INSIDE. SO THE IMMEDIATE, THE NEXT DOOR PROPERTY, AND ONE OF THE TWO OPPOSITIONS, I BELIEVE RECEIVED BY PROPERTY OWNERS, UH, IS FROM THE NEIGHBOR NEXT DOOR WHO ALREADY HAS FOUR STR. UM, THIS IS A MAP TODAY, SO YOU CAN SEE THE, THE TYPE TWO NEXT DOOR AND THEN A FEW TYPE ONES ON THE BLOCK. UM, THE PURPOSE OF THESE SLIDES, I DON'T THINK YOU NEED TO READ THE DETAILS, BUT, UM, I THINK IT'S IMPORTANT TO KNOW THAT FOR, UM, AN STR YOU CANNOT RECEIVE A PERMIT UNLESS YOU'RE THE OWNER OF THE PROPERTY. SO THERE IS A GREAT RISK INVOLVED, ESPECIALLY WITH A HISTORIC STRUCTURE. IF YOU'RE BUYING IT, PLANNING ON RENOVATING IT AND USING AN STR TO RECOUP SOME OF THOSE COSTS, YOU CANNOT APPLY FOR AN STR UNLESS YOU ARE THE OWNER OF THAT PROPERTY. UM, IT ALSO SAYS ON THE CITY'S WEBSITE THAT THE CITY WILL NOT VERIFY IF YOU'RE ELIGIBLE FOR [00:35:01] AN STR UNLESS YOU APPLY, UM, THROUGH A PERMIT. UM, ALSO WHEN THE OWNER PURCHASED THIS PROPERTY A WHILE BACK, UM, THE CITY'S MAPS WERE NOT VERY CLEAR ON, UH, THE NUMBER OF STRS ON THE BLOCK. IT LOOKED LIKE THERE WERE THREE. UM, THE CITY'S MAPS TODAY, YOU CAN SEE THE ONE KIND OF IN THE UPPER LEFT HAND CORNERS ONLY SHOWS TWO. UM, SO IF YOU KNOW TO LOOK AT THE ZONING MAP AND YOU KNOW, TO CLICK ON THE PROPERTY NEXT DOOR NOW AND YOU KNOW THAT IT SHOWS FOUR STR THAT'S KIND OF THE ONLY WAY TODAY YOU WOULD KNOW. BUT THAT WASN'T SOMETHING THAT WAS POSSIBLE BACK, UM, WHEN THEY PURCHASED THE PROPERTY. SO, UM, OWNER WAS IN RENOVATIONS, STARTED, UH, LOOKED INTO FURTHER APPLYING FOR THE SDR 'CAUSE THEY WERE NOW THE OWNER. UM, AND THEN WERE INFORMED THAT THEY WOULD EXCEED THE DENSITY LIMITATION. SO IN 2024, UM, ALL THE IMPROVEMENTS WERE DONE AND MADE. THEY TRIED TO SELL IT, UM, AS SINGLE FAMILY HOME AND, AND COULD NOT. SO FROM JANUARY, 2024 THROUGH DECEMBER, 2024, IT WAS LISTED, UM, AND WAS UNABLE TO SELL, APPLIED FOR THE STR PERMIT, UM, OR THE SPECIAL EXCEPTION FOR THE DENSITY. UM, LI EXCEEDING THE DENSITY LIMITATION. UH, AND THAT WAS DENIED. UH, SO THEY HAVE BEEN SINCE THEN DOING SOME 30 DAY OR LONGER LEASES. UM, BUT YOU KNOW, IT'S NOT ANYTHING THAT IS CONSISTENT AND ABLE TO RECOUP AGAIN, THOSE COSTS THAT GO INTO RESTORING A HISTORIC STRUCTURE. UM, THIS JUST TO POINT OUT, I I DON'T, I DON'T KNOW IF THE PROPERTY NEXT DOOR IS STILL CONSIDERED GRANDFATHERED OR NOT, IT'S NOT SHOWN AS GRANDFATHERED ON THIS MAP. BUT JUST A SIDE NOTE, AND AGAIN, HERE IS THE SPECIFIC CODE LANGUAGE ON THE HISTORIC EXCEPTION. SO THE APPLICANT MUST DEMONSTRATE AND THE BOARD MUST FIND THE RESTORATION OF THE HISTORIC LANDMARK OR STRUCTURE AS A VALUABLE ADDITION TO THE QUALITY AND CHARACTER OF THE CITY. UM, I, I DON'T THINK ANYONE WOULD ARGUE THAT, UH, RESTORATION OF HISTORIC STRUCTURES IS A VALUABLE, UH, WE WOULD JUST LIKE FOR YOU ALL TO CONSIDER THIS VALUABLE ENOUGH TO GRANT THE STR PERMIT. UM, ALSO IN, IN TERMS OF ECONOMIC FEASIBILITY, UM, AGAIN, HAVE NOT BEEN ABLE TO SELL IT. UM, THE LEASING MARKET IS, UM, HIT OR MISS. UH, AND THE OWNER IS ALSO PICKY WITH WHO GETS TO LEASE THE PROPERTY. SO, UH, THERE HAVE BEEN, HAS BEEN SOME INTEREST, BUT NOT ANYONE HE WOULD, UM, CHOOSE TO LEASE TO OR SOME OF THE TENANTS. UH, HERE'S SOME PICTURES OF THE INTERIOR OF THE STRUCTURE, UM, AND THEN ALSO A LETTER FROM THE OFFICE OF HISTORIC PRESERVATION THAT, UM, JUST CERTIFIED THAT THE RENOVATIONS WERE MADE. UM, AND THEN JUST TO KIND OF RUN THROUGH BRIEFLY, UM, SOME OF THE ADDITIONAL CRITERIA, I'M NOT EXACTLY CLEAR HOW THOSE CRITERIA WORK HAND IN HAND WITH, UM, THE HISTORIC EXCEPTION AS WELL, BUT, UM, THE LIST AT THE BOTTOM IS IN THE, THE STANDARD, UM, REQUIREMENTS FOR SPECIAL EXCEPTION. UM, AND AGAIN, I THINK THAT, YOU KNOW, THERE'S A LOT OF MENTION IN STAFF REPORT OF PUBLIC NUISANCE. UM, I DON'T THINK THERE HAS BEEN ONE THAT IS SHOWN. UM, AGAIN, THERE WAS ANOTHER TYPE TWO SCR ON THIS BLOCK FOR A WHILE THAT IS NO LONGER THERE. UM, AND WE THINK THAT ADDING ANOTHER WOULD NOT IMPACT THE CHARACTER OR CREATE A PUBLIC NUISANCE. UM, THE ONLY OPPOSITION THAT I SAW THAT HAD, UH, COMMENTS IN IT TALKED ABOUT ON STREET PARKING. UM, THIS PROPERTY HAS, UM, ENOUGH PARKING FOR THREE CARS, UM, ON SITE. UM, AND THEN AGAIN, WE WOULD APPRECIATE YOUR CONSIDERATION JUST BECAUSE THIS IS A HISTORIC STRUCTURE, UM, AND THE RENOVATIONS WE THINK, UM, QUALIFY FOR THE SPECIAL EXCEPTION AND HAPPY TO ANSWER ANY QUESTIONS. UH, SURE. I HAVE A, A, A COUPLE QUESTIONS. SO ON THE DISTRESS STRUCTURE AND THE HISTORIC NATURE MM-HMM . ISN'T PART OF THAT HAVE TO DO WITH WHETHER OR NOT IT WAS, UH, IT WAS UNSELLABLE, UH, IN THE CONDITION IT WAS IN OR THE VALUE TO? WAS THIS ON THE MARKET FOR A WHILE? I DON'T KNOW HOW LONG IT WAS ON THE MARKET BEFORE THE CURRENT OWNER PURCHASED IT. I DUNNO WHY. I THOUGHT THAT WAS A, SOME ONE OF THE CONDITIONS THAT THERE HAD TO BEEN AN ATTEMPT LIKE THIS HAD, THIS WAS A NECESSITY. SO, SO FUNDS COULD BE USED TO RESTORE THE PROJECT, UM, AS OPPOSED TO JUST SITTING THERE, DILAPIDATED STAFF. CAN YOU CHIME IN ON, ON ANY OF THE, THE QUALIFICATIONS UNDER THAT DISTRESSED SECTION? AND, AND WHERE I'M GOING WITH THAT IS, IS I, I WAS UNDER THE IMPRESSION THAT IF YOU HAD AN HISTORIC STRUCTURE, THE SOMETIMES THE ONLY WAY TO GET IT UP, UP TO CODE AND GET IT, UH, UP TO SPEED IS, IS TO BE ABLE TO RECOUP THE COST USING, USING THE SDRA PERMIT. YEAH. LET ME JUST MAKE, LET ME PULL THE LANGUAGE AND THE CODE TO MAKE SURE I'M QUOTING IT ACCURATELY, BUT I'LL GET BACK TO YOU IN JUST A SECOND. OKAY. AND THEN, UM, ANY QUESTIONS FROM THE COMMISSION? EZ COMMISSIONER BOIZ, WHO IS THE OWNER OF THE PROPERTY? UH, THE CURRENT OWNER, THE, SORRY, STAFF REPORT SAYS BLUE LINE HOUSING, IT HAS CHANGED, UM, WHILE THE APPLICATION WAS IN PROCESS [00:40:01] AND THAT WAS PROVIDED TO CITY STAFF. I LET SEE THE THEODORE EAST PARK, LLC. OKAY. CHRIS COKER IS THE INDIVIDUAL WHO HAS THAT? CHRIS COKER. OKAY. UH, CITY, DOES THIS OWNER HAVE ANY PREVIOUS CITATIONS OR REVOCATIONS OF ANY KIND? YOU SAID IT WAS CHRIS COKER. SO HE HAD TWO SHORT-TERM RENTAL LICENSE REVOKED AT OTHER PROPERTIES, BUT THAT WAS NOT WITHIN THE LAST 12 MONTHS. OKAY. SO IF WE GO BACK TO, I GUESS THERE WAS A, A LIST HERE YOU HAD OF SPECIAL EXEMPTIONS, UH, THAT WE HAD UP. CAN WE GET THAT BACK UP? THERE WAS ITEM E UNDER THERE THAT SAID SOMETHING ABOUT THE OWNER CANNOT HAVE ANY PREVIOUS REVOCATIONS OR CITATIONS. THAT'S, THAT'S AS LONG AS IT'S WITHIN A YEAR. THAT'S WHAT YOU'RE SAYING? UM, THAT'S JUST A HISTORY WE HAVE ON FILE FOR THE PROPERTY OR IN GENERAL. SO THE ONLY PERMITS WE HAVE, HE HAS BEEN REVOKED WAS MORE THAN TWO, MORE THAN A YEAR AGO, NOTHING SINCE THEN. OKAY. GOT AND THAT'S FOR MR. COKER, CORRECT? RIGHT. OKAY. ALRIGHT. THANK YOU. YEAH. SO THAT SECTION WAS ACTUALLY UP THERE WHERE IT SAYS THE RESTORATION OF AN HISTORIC LANDMARK OR STRUCTURE IS A VALUABLE EDITION TO THE QUALITY CITY. OR THERE IS PROOF THAT A SHORT-TERM RENTAL IS THE ONLY ECONOMIC TYPE TWO IS THE ONLY ECONOMICAL, FEASIBLE WAY TO FINANCE THE PRESERVATION OF THE STRUCTURE. SO I GUESS YOU HAD MENTIONED THEY SPENT OVER A COUPLE HUNDRED THOUSAND. DO YOU KNOW HOW MUCH THEY SPENT? ABOUT 200,000. ABOUT 200,000. AND IS THAT, IS, IS THERE ANYTHING THAT SHOWS LIKE WHAT THE, WHAT THE QUALIFYING RENT THEY COULD ACHIEVE OR SOMETHING LIKE THAT? LIKE PROFORMA, PROFORMA? IS THERE ANYTHING THEY COULD I DON'T HAVE THAT WITH ME TODAY. OKAY. UM, BUT I, I DO THINK THAT CODE SECTION IS IT, IT IS AN OR RIGHT? IT'S IT, YEAH. THE OR IS IS IF IT'S A VALUE ADDITION TO THE QUALITY OF THE CITY OR, AND SO, BUT ARE YOU, ARE YOU TRYING TO USE THE FIRST BULLET? ARE YOU TRYING TO USE WE THINK WE QUALIFY FOR BOTH. OKAY. YEAH. ALRIGHT. STEVENS COMMISSIONER STEVENS, UM, THIS PROPERTY'S IN A HISTORIC DISTRICT, BUT IT'S NOT IDENTIFIED AS A HISTORIC LANDMARK ON ONE STOP. CAN THE CITY CONFIRM THAT THIS IS ACTUALLY A HISTORIC LANDMARK? I CAN ANSWER THAT. IT'S, IT'S NOT DESIGNATED A HISTORIC LANDMARK. 'CAUSE IT DOESN'T NEED TO BE BECAUSE IT'S WITHIN A HISTORIC DISTRICT. WHERE, WHERE IS IT QUALIFIED THAT IT NEEDS TO BE IN A HISTORIC DISTRICT AND NOT A LANDMARK. THEY'RE TREATED THE SAME WAY, BUT THIS SPECIFICALLY SAYS A HISTORIC LANDMARK. SO I MEAN, THERE WOULD BE NO REASON TO DESIGNATE SOMETHING AS A LANDMARK IF IT'S WITHIN A HISTORIC DISTRICT. YEAH. CAN WE LET THE CITY INTO THAT? YEAH. YEAH. I, I WOULD JUST SAY THAT IT SAYS THAT THE RESTORATION OF A HISTORIC LANDMARK OR STRUCTURE, SO IT IS A STRUCTURE IN THE HISTORIC DISTRICT. SO I THINK IT WOULD BE APPLICABLE. OKAY. YEAH, AND I THINK THAT THAT, AND, AND I'LL CHIME IN ON THAT. I THINK THAT QUESTION COMES FROM, YOU KNOW, SOMETIMES WE SEE PROPERTIES THAT ARE DESIGNATED H OR DESIGNATED HL MM-HMM . OR NO, I UNDERSTAND. AND THAT'S PROBABLY, I WAS HAVING THE SAME THOUGHT MYSELF. OKAY. UM, PO YES. COMMISSIONER WILLIAMS, UH, CITY, DO WE HAVE A, THE, I KNOW TOBIN HILL WAS IN, UH, IN OPPOSITION. DO WE HAVE ANY, ANY RESPONSE FOR THEM ON WHY? YEAH, SO ON THE SCREEN YOU COULD SEE THE RESPONSE THAT THEY, UH, MAILED BACK TO DSD. GOTCHA. UH, SO I DON'T REALLY SEE MUCH THERE. DID YOU GUYS GET TO SPEAK WITH TOBIN HILL AND FIGURE OUT WHAT, YOU KNOW, WHY THEY WERE IN OPPOSITION? WE REACHED OUT AND THEIR RESPONSES, THEY JUST OPPOSE. GOTCHA. 'CAUSE I KNOW A BUNCH OF MEMBERS ON THIS BOARD REALLY, REALLY LIKE WHEN, WHEN THEY HAVE THAT. UM, SO IF WE HAD SOME COMMUNICATION THERE WITH THEM THAT IT MAY HELP JUST A BLANKET OPPOSITION TO YEAH. SDR . YES. MR. BANEZ. UM, I KNOW THAT TOBIN HILL, UH, IS ONE OF THE, IS IN DISTRICT ONE AND IT'S ONE OF THE DISTRICTS THAT IS MOST SATURATED WITH ST AND THEY HAD SEVERAL MEMBERS OF THEIR COMMUNITY ON AS STAKEHOLDERS WHEN THE, UM, CODE WAS BEING DEVELOPED FOR ST. UM, I, I'M, I'M VERY CURIOUS IN UNDER, WELL, I I WANNA TRY TO UNDERSTAND WHY, UM, THIS WOULD BE A FINANCIAL, UM, OPPORTUNITY [00:45:01] FOR THE OWNER TO JUST DO ST BECAUSE, UH, IT'S A STRUGGLE TO, TO PAY, GET ALL THAT MONEY BACK, UH, WITH NOT, WITH AN ECONOMY THAT ISN'T ALL THAT HEALTHY RIGHT NOW. UM, SO I, AND I'M, I DON'T WANNA ASK A QUESTION, I'M JUST TRYING TO SURE. TO EXPLAIN MY POINT OF VIEW OF A NEIGHBORHOOD THAT IS SO SATURATED WITH STR AND I UNDERSTAND WHITE TOBIN HILL WOULD OPPOSE IT BECAUSE EV ALMOST EVERY BLOCK FACE IN THAT NEIGHBORHOOD ASSOCIATION HAS AN STR TWO. AND SO PART OF THE CODE WAS TO HELP CURB THE WAVE OF INVESTORS THAT WANTED TO CREATE THAT TYPE OF HOUSING. UM, AND IT'S A BUSINESS ON IN THOSE COMMUNITIES. SO I CAN UNDERSTAND WHY TOBIN HILL FEELS THAT THEY'RE OPPOSED TO ANOTHER STR TWO, NEXT TO FOUR GRANDFATHERED ONES, WHICH ARE GRANDFATHERED BECAUSE THEY WERE SHORT-TERM RENTALS PRIOR TO THE CODE BEING ESTABLISHED. SO, UM, I JUST WANNA GIVE YOU AN, I I I WILL NOT BE SUPPORTING THIS S STR TWO AND FOR THAT REASON, MANNA COMMISSIONER MANNA. SO, AND, AND ONE OF THE THINGS THAT I ALWAYS LOOK AT IS THE DENSITY, YOU KNOW, AND FOLLOW UP WITH THAT. AND WITHIN A THOUSAND FEET, THERE'S 19 OTHERS WITHIN A THOUSAND FEET, AND GENERALLY I GO TO LIKE A HALF MILE DISTANCE. AND SO A THOUSAND FEET IS, IS ACTUALLY PRETTY CLOSE FOR, FOR HAVING THAT MANY. AND THEN ALSO AGAIN, SO I, I KNOW IT'S KIND OF CALLED OUT WITH REGARDS TO THE, UH, NEIGHBORHOOD ASSOCIATIONS AND, AND, AND SO, YOU KNOW, THEY ARE DEFINING HOW THEY WANT THEIR COMMUNITY TO BE DEVELOPED AND, YOU KNOW, THEY'RE SAYING NO. AND SO, SO I, I STRUGGLE WHENEVER IT IS WHEN I NEED TO GO AGAINST THE, THE COMMUNITY. AND SO, SO I PROBABLY WILL NOT BE SUPPORTING THIS EITHER. BRAGMAN COMMISSIONER BRAGMAN, JUST FOR SOME INFORMATION, UM, PULLING UP MLS, UH, IT SHOWS THAT THE PROPERTY WAS LISTED FOR SALE FOR 305 DAYS, UH, 300, 305 DAYS. 305 DAYS LISTED FOR SALE. OKAY. THE, THE CURRENT OWNER. OKAY. AND SO WHEN WERE, THE RENOVATIONS WERE COMPLETED WHEN, UH, END OF 24 OR END 24. AND THEY WERE CERTIFIED IN BY HISTORIC IN 24. SO IT LOOKS LIKE THEIR RENOVATIONS WERE COMPLETED, THEY PUT IT UP FOR SALE AND THEN IT DIDN'T, NO TAKERS. YEAH, IT SHOWS THAT IT WENT ON THE MARKET ON THE 24TH OF, OF JANUARY, 2024 AT EIGHT 50, AND THEN IT WAS LAST LISTED AS 7 79 IN AT THE END OF MARCH, 2025. OKAY. ALRIGHT. ANY OTHER QUESTIONS? UH, LAST ONE FOR THE CITY. YES, SIR. UH, THE OWNER, UH, COKER IS, DOES HE HAVE ANY OTHER STRS THAT HE OPERATES HERE IN TOWN? AND IF SO, ARE THEY CURRENT? YES AND YES. GIMME A FEW MINUTES SO I CAN LOOK THAT UP REAL QUICK. TAKE, TAKE YOUR TIME. HE DOES, AND THEY'RE CURRENT. I'LL LET STAFF VERIFY, BUT YEAH. DO YOU KNOW HOW MANY, UH, I DUNNO HOW MANY, BUT THERE ARE. OKAY. BUT HE STAYS CURRENT ON, ON MOST OF, OKAY. LET'S CONFIRM THAT. OKAY. AND C CAN WE PUT UP THAT, THAT SLIDE AGAIN? THAT, THAT HAS THE, UM, WHEN THE HISTORIC LANDMARK AND REFERENCE THAT, UH, FOR THE APPLICANT, UM, YOU KNOW, WHAT TYPE OF REVENUE DOES, DOES HE, DOES HE ANTICIPATE BRINGING IN MAYBE PER MONTH FOR THIS PROPERTY? I, I DON'T KNOW. I'M SORRY. I DON'T HAVE THAT INFORMATION TODAY. I, I COULD GET IT FOR YOU, BUT I DON'T HAVE IT TODAY. UM, OKAY. YES, GO AHEAD. SORRY, JUST ONE COMMENT ON THE, I I KNOW THERE'S CONCERN ABOUT, UH, NEIGHBORHOOD ASSOCIATION AND, AND YOU KNOW, THEY JUST SAY NO, WHICH I UNDERSTAND, BUT THE APPLICANT OR THE OWNER DOES HAVE A VERY GOOD RELATIONSHIP WITH HIS IMMEDIATE NEXT DOOR NEIGHBOR, UH, AND THE NEIGHBOR ACROSS THE STREET. UM, THE NEIGHBOR ACROSS THE STREET WROTE A PRETTY NICE, UM, LETTER IN SUPPORT, BUT I WOULD JUST SAY THEY'RE, THEY'RE THE TWO MOST IMPACTED PROPERTY OWNERS AND THEY'RE SUPPORTIVE OF THIS, SO, WELL, I, I'LL TELL YOU THAT, UM, YOU KNOW, THE ISSUE OF WHETHER OF, OF HAVING A DILAPIDATED STRUCTURE, THE ONLY WAY YOU CAN BRING IT UP IS, IS TO MAKE IT AN SDR. I [00:50:01] I THAT I LIKE THE FACT THAT THERE'S A SECTION IN THE CODE FOR THAT. I'M JUST TRYING TO FIGURE OUT, UM, WHERE THE PROOF FOR THAT IS. BECAUSE THE LAST TIME SOMEBODY INVOKED THAT, YOU KNOW, THEY, THEY BROUGHT US SOME HISTORY REGARDING HOW THEY WERE PROVING THAT, AND I'M NOT HEARING ANY TODAY. SO WHAT I'VE UNDERSTAND THAT IT WAS ON THE MARKET FOR 7, 7, 9 FOR THE LAST YEAR, AND APPARENTLY THERE'S BEEN NO TRACTION. AND SO I DON'T KNOW WHAT THE GOING RATE FOR THOSE KIND OF HOMES ARE, WHAT THEY PURCHASED IT FOR VERSUS WHAT THEY PUT INTO IT. AND, AND I, I CAN'T, I'M NOT SEEING ANY, I'M NOT SEEING ANY OFFER OF, OF EVIDENCE OF COMPLIANCE WITH THAT BULLET POINT. THAT'S, THAT'S WHAT I'M REALLY LOOKING FOR. OKAY. I MEAN, WE COULD, WE COULD PROVIDE THAT. I, I DO WANT TO ANSWER THE COMMISSIONER'S QUESTION. IT LOOKS LIKE THERE'S SIX OTHER, UH, SIX OTHER STR THEY DO APPEAR TO BE CURRENT. OKAY. YOU KNOW, UH, CHAIR, I KNOW YOU WANT, WANNA SEE SOME OF THAT PROOF. SO DO I. UM, YOU KNOW, HE'S CURRENT ON ALL THE OTHER ONES. HE HAS SIX OTHER THAT OPERATES. THIS IS A BIG PROJECT. UH, I I WOULD BE, I WOULD BE OKAY WITH A CONTINUANCE. DOES SOMEBODY WANT A MOTION FOR IT? I MEAN, I, IS THAT A MOTION TO CONTINUE THE NEXT MEETING? I'LL SECOND THAT. OKAY. LET'S HAVE A ROLL CALL. VOTE ABOUT A CONTINUANCE TO THE, UH, APRIL, UH, 20TH MEETING. I, UM, COMMISSIONER EZ? YES. YES. CHAIR ORIAN? YES. COMMISSIONER REED? YES. COMMISSIONER STEVENS? YES. COMMISSIONER EZ? YES. COMMISSIONER DEAN? NO. COMMISSIONER CRUZ? YES. COMMISSIONER MENA? YES. COMMISSIONER BRAGMAN? YES. COMMISSIONER BENAVIDES? YES. COMMISSIONER VASQUEZ? YES. ALL RIGHT. SO YOURS CONTINUE TO THE 20TH AND YOU KNOW WHAT WE'RE LOOKING FOR. ALL RIGHT, THANK YOU. ITEM THREE. ALL RIGHT. GOOD AFTERNOON. MY NAME IS JUAN ALVAREZ, SENIOR PLANNER WITH DEVELOPMENT SERVICES. ITEM NUMBER THREE IS REQUESTED BY ROSALIA PENA BATISTA AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HAWK COLLECTION LOCATED AT 7 8 2 3 PINE BROOK DRIVE. THE SUBJECT PROPERTY IS LOCATED AT 7 8 2 3 PINE BROOK DRIVE. SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND COMMERCIAL OFFICES AS OF MARCH 10TH, 2025. PLATFORMS THAT DIRECTLY REMIT STATE HOT. ALSO NOW DIRECTLY REMIT CITY HOT TO THE CITY'S FINANCE DEPARTMENT. ALL STR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS. FOR NOTICE 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 AND FEBRUARY, 2025 THROUGH FEBRUARY, 2026. DELINQUENT PAYMENTS WERE MADE ON MARCH 5TH, 2026. THERE IS A TOTAL OF 18 UNITS ON THE BLOCK FACE. ONE ACTIVE TYPE TWO STR IS ON 79 0 3 PINE BROOK AND A LETTER OF THE BACKGROUND HISTORY. THE ADDRESS DID HAVE AN OPEN INVESTIGATION FOR OPERATING WITHOUT A PERMIT. THEY LATER ON APPLIED AND OBTAINED THAT STR PERMIT AND THEY ALSO HAVE TWO A HO CITATIONS ISSUED, ONE IN 2024 AND ONE IN 2025. AND THE PERMIT WAS ORIGINALLY APPROVED ON FEBRUARY 3RD, 2025, BUT IT WAS REVOKED ON FEBRUARY 17TH, 2026 DUE TO HOT DELINQUENCY. THIS IS THE COMMUNICATION THAT WAS SENT FROM SENT TO THE APPLICANT FROM AVENUE AND THIS IS THE ACTIVE LISTING AS OF TODAY. THIS IS THE SIDE PLAN OF THE PROPERTY SUBMITTED AT THE TIME OF THE APPLICATION, AND THIS IS THE SUBJECT PROPERTY. AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS. STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL AND THERE WERE A TOTAL OF 26 MALE NOTICES. ZERO IN FAVOR, ZERO IN OPPOSITION. NO RESPONSE FROM SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION AND SIX CITYWIDE GROUPS WERE NOTIFIED WITH NO RESPONSE. THIS CONCLUDES THAT PRESENTATION. APPLICANT IS HERE TO ANSWER ANY QUESTIONS. COUPLE QUESTIONS. UH, WHAT, WHAT IS AN A HO CI? CITATION? THANK YOU. . NO. SWEET. AN A HO CITATION IS AN ADMINISTRATIVE HEARING OFFICER CITATION. SO OUR CODE, IT'S, IT'S ISSUED BY OUR CODE OFFICER. UM, IF THEY'RE OPERATING THEIR PERMIT, [00:55:01] ONCE THE NOTICE IS SENT OUT AFTER 14 DAYS, THEY REINSPECT. UM, AT THE TIME OF REINSPECTION, THEY FOUND THEY WERE STILL IN VIOLATION, ISSUED THE FIRST A HO CITATION AND THEN REINSPECTED AT A LATER DATE AND FOUND THEY WERE STILL OPERATING OF THEIR PERMIT AND ISSUED A SECOND. SO JUST TO CLARIFY, IN IN SEPTEMBER OF 24, THERE WAS A, AN INVESTIGATION FOR THE OPERATION WITHOUT A PERMIT? CORRECT. AND THEN, AND THAT INVESTIGATION WAS, SO WHEN I SEE A HO WHAT, WHAT, WHERE MY MIND'S GOING IS THAT THERE'S, THERE'S STRUCTURAL ISSUES. LIKE MAYBE THEY DON'T HAVE A FIRE EXTINGUISHER OR MAYBE THEY DON'T HAVE A LIFE SAFETY PLAN, OR, OR IS IT JUST OPERATING WITHOUT A PERMIT FOR THIS PROPERTY? IT'S FOR OPERATING WITHOUT A PERMIT. OKAY. SO THEN THEY WERE, THEY WENT THROUGH SOME DOCUMENTATION BACK AND FORTH, COMMUNICATION WITH THE CITY, WENT THROUGH HEARINGS AND NOTICES AND GOOD, ALL THAT GOOD STUFF. THEY EVENTUALLY GOT A PERMIT AND ALMOST IMMEDIATELY WEREN'T UP ON THEIR OBLIGATION. CORRECT. AFTER RECEIVING THE SECOND A O CITATION O WEEKLY, THEY APPLIED FOR A SHORT-TERM RENTAL APPLICATION FOR WITH THE CITY. ALRIGHT, THANK YOU. THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. . HELLO. IF YOU COULD PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SDR. OKAY. OKAY, ROSA. MY NAME IS ROSA PINE DRIVE. MY PROPERTY IS 78 23 PINE PINE DRIVE. YES. AND 7 8 2 3 PINEBROOK. MM-HMM . DRIVE. OKAY. FOR, I'M HERE BECAUSE MY PERMIT, UH, MY SHORT TERM, UH, PERMIT WAS REVOKED. AND I'M HERE TO TELL YOU THAT THIS SITUATION HAPPENED BECAUSE OF THE LACK OF KNOWLEDGE ON MY, ON MY SIDE, NOT FOR, I DIDN'T HAVE THAT INFORMATION THAT I HAD TO REPORT THE, THE TAXES. THE MOMENT I FOUND OUT THAT I HAD TO PAY THESE TAXES, I STARTED DOING ALL THE PAYMENTS AND I MADE ALL THE PAYMENTS NECESSARY. I'M HERE TO LET YOU KNOW THAT I ALREADY KNOW EVERYTHING THAT, ABOUT THE PROCESS THAT I'VE MADE OF THE PAYMENTS NECESSARY AND I HAVE ALL THE RECEIPTS HERE. AND TO SEE IF YOU COULD CONSIDER, UH, GRANTING ME THE PERMIT AGAIN. OKAY. SO ONE QUESTION IS, UH, WAS, WAS SHE THE OWNER BACK IN 2024? NO. OKAY. SO THAT, THAT WAS SOMEBODY ELSE. ALRIGHT. ANY QUESTIONS FROM THE COMMISSION? UH, BONNI COMMISSIONER, BE DENISE. WELL, THERE WAS, UM, SOME CITATIONS ISSUED ON THE PROPERTY. WHAT WERE THE DATES OF THOSE AGAIN? WAS IT WHEN SHE WAS THE OWNER OR, OR SHE WASN'T? UH, THE FIRST ONE WAS ISSUED ON NOVEMBER 13TH, 2024 AND THEN THE SECOND ONE WAS JANUARY 15TH, 2025. OKAY. WAS SHE THE ONE THAT FOR THE APPLICANT, DID SHE GET, WERE THOSE WERE BOTH THOSE CITATIONS IN FOR HER? YES, BECAUSE I WAS THE MANAGER OF THE PROPERTY AT THE TIME, BUT I WAS NOT THE, THE OWNER TO THE PROPERTY. OKAY. WHAT TYPE OF MANAGEMENT WAS SHE DOING FOR THE PROPERTY AT THAT TIME? BEFORE SHE WAS THE OWNER? I WAS MANAGING THE, THE PLATFORMS, UH, OR AIRBNB AND VBO. OKAY. FOR THE OWNER FOR HOW LONG? UM, THE SAME MESSAGE FOR AROUND SIX MONTHS. OKAY. THANK YOU. [01:00:01] UH, FOR CLARIFICATION, UM, BCAT SHOWS, UM, MS. BATISTA, UH, OWNED THE PROPERTY ON SEPTEMBER 4TH, 2024, PRIOR TO THE LICENSE INVESTIGATION BEGAN. GOTCHA. OKAY. THANK YOU. UM, SO THEN BACK, BACK TO THE APPLICANT, UM, IF SHE RECEIVED BOTH THESE CITATIONS AND SHE WAS OPERATING IT BEFORE AS A MANAGER FOR SIX MONTHS PRIOR TO OWNING IT AND THEN RECEIVED TWO CITATIONS AS THE OWNER, WHY DID SHE CONTINUE TO OPERATE IT? AND AT THAT MOMENT, I WAS, UH, MANAGING THE, THE PROPERTY AND, UH, WHEN I GOT THE, THE NOTICES, UH, BUT AND I, THAT WAS FOR 20 DAYS. AND THEN, UH, I WAS WAITING FOR THE APPEAL AND THEN I DID THE, THE APPEAL TO, TO BE ABLE TO GET THE PERMIT AGAIN. OKAY. THANK YOU. BEEZ. COMMISSIONER BEEZ, IS YOUR, UM, PROPERTY STILL ACTIVE ON, UM, AIRBNB AND VRBO TODAY? BUT YOU DO REALIZE YES, IT'S NOW, IT IS NOW ACTIVE. I WAS JUST WAITING FOR THIS PROCESS TO SEE, UH, WHAT WAS GOING TO BE THE, THE OUTCOME OF THE PROCESS. BUT SHE IS AWARE THAT THE PERMIT IS TERMINATED. YES, I WAS, BUT UH, ACTUALLY I WAS, UH, I THOUGHT THAT I COULD KEEP ON USING IT OR DID THE APPEAL WAS RESOLVED? WELL, I, MY, MY, MY OPINION IS I DON'T KNOW THAT I'M GONNA BE ABLE TO SUPPORT THIS. I FEEL LIKE THERE'S A PATTERN OF REPEAT OFFENSES WITH THIS STR PERMIT AND I THINK IT SHOULD BE TAKEN INTO CONSIDERATION. MANNA. OKAY. COMMISSIONER MANNA. UM, SO WHO'S GUSTAVO? UH, UH, VIRA CASTRO , MY PARTNER. SO WHEN I LOOK AT THE RECORDS, UH, THE HOUSE WAS SOLD, UH, IN 2020, I THINK, UH, TO THE PARTNER. THEN THE PARTNER TRANSFERRED TO YOU. SO REALLY FOR BOTH CITATIONS, YOU AND YOUR PARTNER WERE ENGAGED IN THIS PROPERTY. IS THAT CORRECT? YES, THAT'S CORRECT. OKAY. UH, IS THERE ANYONE, SENATOR, TO SPEAK ON THIS ISSUE? NO. PUBLIC COMMENT. ALRIGHT, THERE'S NO OTHER QUESTIONS. I'M LOOKING FOR A MOTION. EZ COMMISSIONER MONEZ, REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 4 6. UM, MIGHT HAVE SAID ONE TWO MANY ZEROS. UH, I MOVE FOR THAT. THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 78 23 PINE BROOK DRIVE, APPLICANT BEING RO ROSALIA PENA BATISTA BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY MADE AN ERROR IN ENFORCING SECTION 16 DASH, UH, ONE 10 D WHEN REVOKING THE SHORT TERM RENTAL PERMIT. END OF MOTION. SECOND. SECOND BY COMMISSIONER BEEZ. COMMISSIONER BEEZ. YEAH, I'M GONNA BE IN, IN, UH, DENIAL OF THIS, UH, MAINLY 'CAUSE THERE WAS TWO CITATIONS ISSUED. UM, AND SHE WAS MANAGING THE PROPERTY PRIOR TO OWNERSHIP FOR SIX MONTHS, UM, ACCORDING TO HER, UM, STILL RUNNING LATE ON, ON PAYING THE, THE HOT TAXES. UM, AND WE SAW A CASE EARLIER TODAY WHERE I THINK THAT CASE QUALIFIED BETTER FOR, FOR, UM, FOR GRANTS UNIT THAN THIS ONE. SO FOR THOSE REASONS, I'M GONNA BE IN DENIAL. THANK YOU. COMMISSIONER BENAVIDEZ. I, I'M IN AGREEMENT WITH COMMISSIONER BOEZ. I WON'T BE, UM, IN FAVOR OF THIS. UM, EITHER. I THINK THERE'S A COMPLETE DISREGARD FOR THE CITY'S, UM, UM, PERMIT THAT'S, THAT SURROUNDS THIS STR AND, UM, IT'S A REPEAT OFFENDER, SO I WILL NOT BE IN FAVOR OF IT EITHER. ALL RIGHT. ANYONE ELSE LIKE TO ADD HEARING NONE US HAVE A ROLL CALL VOTE PLEASE. COMMISSIONER EZ? NO, I DO NOT. COMMISSIONER MEEZ? NO, I DO NOT. COMMISSIONER REED? I DO NOT CONCUR. COMMISSIONER STEVENS? NO. COMMISSIONER E BONIS? I DO NOT CONCUR. COMMISSIONER DEAN? NO, I DO NOT CONCUR. COMMISSIONER CRUZ? I DO NOT CONCUR. COMMISSIONER MANANA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN? NO. COMMISSIONER VASQUEZ? I DO NOT CONCUR. CHAIR ORIAN? I DO NOT CONCUR. UH, MOTION FAILS. ZERO TO 11. UM, IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF. ALL RIGHT, ITEM FOUR. WHICH JACKET HAS [01:05:09] GOOD AFTERNOON? TYLER, ADAM, UH, PLANNER DEVELOPMENT SERVICES. THIS IS BO OA DASH 26 DASH 0 3 0 0 5 3. LOCATED AT 1 2 2 3, 1 MADRIGAL IN COUNCIL DISTRICT 10. APPLICANT AND OWNER IS EDRO , AND THIS IS AN APPEAL OF THE ADMINISTRATOR'S DECISION TO EVOKE SHORT-TERM RENTAL PERMIT. UH, THIS IS A TYPE TWO SHORT-TERM RENTAL PERMIT AND IT IS ZONED RESIDENTIAL SINGLE FAMILY. UH, SUBJECT PROPERTY IS LOCATED AT 1 2 2 3, 1. MAGICAL SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY, UM, AS OF MARCH 10TH, 2025. PLATFORMS THAT DIRECTLY REMIT STATE HOT. ALSO NOW DIRECTLY REMIT CITY HOT TO THE CITY'S FINANCE DEPARTMENTS INCLUDES MAJOR PLATFORMS SUCH AS AIRBNB AND VRBO. UM, ALL STR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS MONTHLY AND PAY BEXAR COUNTY HOT THROUGH AVENUE ON A MONTHLY BASIS. THE CITY'S FINANCE DEPARTMENT FOUND, UM, THREE NOTICES OF DELINQUENCY WERE MAILED BY AVENUE BETWEEN MAY OF 2025 AND JULY, 2025. A FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES FEBRUARY 16TH, 2026. UM, NO PAYMENT WAS MADE, UM, WITHIN THAT TIME, AND THE PERMIT WAS REVOKED MARCH 3RD, 2026. UM, ALL HOT PAYMENTS FOR THIS PROPERTY FROM MARCH, 2025 THROUGH FEBRUARY, 2026 WERE REPORTED ON MARCH 5TH, 2026. AND THE ACCOUNT IS CURRENT. THERE ARE SEVEN TOTAL UNITS ON THIS BLOCK. FACE, NO ACTIVE TYPE TWOS. SO THE DENSITY IS CURRENTLY AT ZERO. UH, THERE WAS, OR THERE, THERE IS A, UM, PENDING INVESTIGATION FOR OPERATING WITHOUT A SHORT-TERM RENTAL PERMIT, WHICH WAS OPENED MARCH 5TH, 2026, UH, JUST AFTER THE PERMIT REVOCATION. UM, THIS PERMIT WAS ORIGINALLY ISSUED IN MARCH OF 2025 AND REVOKED MARCH 3RD, 2026. AND THERE ARE NO ACTIVE LISTINGS. UH, THIS IS THE, SHOULD THAT, SHOULD THAT SAY 2025 JUNE THROUGH MARCH, WHICH WERE, WHERE ARE WE LOOKING AT ON THE NINTH ON THE COMMUNICATION ON THIS ONE? THAT'S WRONG. OH, YES. YEAH. THAT, THAT, THAT IS A MISTAKE. YES. UM, SO YES, SO THESE ARE ALL, UM, MAY, JUNE AND JULY OF 2025. MY APOLOGIES. UM, BUT THESE WERE THE NOTICES MAILED FROM AVENUE AND THEN FEBRUARY 16TH, UM, UH, DSD SENT A FINAL, UM, NOTICE AND THEN MARCH 3RD EMAILED THE REVOCATION NOTICE. UH, THIS IS THE SITE PLAN THAT WAS SUBMITTED, UH, WITH THE APPLICATION AND THEN THE SUBJECT PROPERTY AND SURROUNDING PROPERTIES, UH, STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL. UH, 34 NOTICES WERE MAILED, ZERO IN FAVOR, ZERO IN OPPOSITION. UH, WE DID RECEIVE ONE IN OPPOSITION FROM OUTSIDE THE 200 FOOT NOTIFICATION PLAN. UH, NO RESPONSE FROM EL DORADO HOMEOWNER ASSOCIATION, AND NO RESPONSE FROM THE SIX CITYWIDE GROUPS. ALL RIGHT. SO MY QUESTION IS, IS, UH, ON THE CASE SUMMARY, YOU HAD MENTIONED THAT THE, THE REVENUE REPORTS WERE MISSING FROM MARCH, UM, APRIL AND MAY OF 2025. CORRECT. DOES THAT MEAN THAT JUNE OF 2025 AND FORWARD THE REPORTS WERE PROVIDED? IT WAS ONLY THOSE THREE MONTHS? UH, SO WE DID OUR, UM, REVOCATIONS BASED ON THE MONTHS MARCH THROUGH MAY OF 2025. UM, HOWEVER, NO PAYMENTS ON THIS ACCOUNT WERE MADE, UM, UNTIL MARCH 5TH, 2026. SO THAT DOES INCLUDE THE MONTHS JUNE THROUGH. SO, SO THEN JUNE THROUGH CURRENT OR JUNE THROUGH THE EARLY OF THE YEAR, THEY COULD HAVE ALSO NOT CORRECT. THEY, THEY STILL WOULD'VE RECEIVED THOSE MAIL NOTICES. THEY JUST WEREN'T TAKING IN CONSIDERATION IN THE BATCH THAT WE WERE REVIEWING AT THE TIME. AND WHEN DID THE SWITCH OVER TO AVENUE, UM, HAPPEN ABOUT? WAS THAT IN 2024? MARCH, 2024. OKAY. SO THAT WAS WAY AFTER. THIS IS WAY AFTER. ALL RIGHT. ANY OTHER QUESTIONS? STEVENS COMMISSIONER STEVENS? UM, JUST A BIT OF CLARIFICATION. THEY, THEY MADE GOOD ON ALL OF THEIR BACK TAXES THAT THEY OWED ON THE 5TH OF MARCH. YES. AND THEY ALSO RE-LISTED THEIR PROPERTY AS AN AIRBNB ON THE SAME DAY. UM, I, I BELIEVE THE LISTING WAS STILL, UM, WAS STILL UP AT THAT TIME. IT HAS SINCE BEEN TAKEN DOWN. ANY OTHER QUESTIONS? ALL RIGHT. SO THE APPLICANT COME FORWARD. [01:10:01] HELLO. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SDR. UH, GOOD AFTERNOON. MY NAME IS ED . UM, I'M THE OWNER OF THE PROPERTY IN MAD 1, 2, 2 3, UH, FIVE MADRIGAL STREET. AND, UM, SO THE THING IS, UM, I DIDN'T RECEIVE ANY OF THE, THE EMAIL OR FOR MY BACKGROUND, I'M FROM FRANCE, SO ENGLISH IS MY SECOND LANGUAGE. SO I'M TRYING TO, TO UNDERSTAND EVERYTHING YOU SAID, EVEN IF IT'S ODD A LITTLE BIT. BUT, UM, SO ALL THE, I MOVED FROM CALIFORNIA IN MAY 28TH, MAY 29. SO I NEVER RECEIVED ANY MAIL FROM, UM, FROM THE CITY. AND, UM, THE ONLY EMAIL THAT I RECEIVED IS TO SAY THAT, UM, THEY RELOCATE MY, UM, MY PERMIT. SO I WAS SHOCKED A LITTLE BIT. AND SO MY, I HAVE A PROPERTY MANAGER TOO, BUT SHE, SHE WASN'T, UM, COPIED ON THE EMAIL, SO SHE WASN'T AWARE ALSO OF THE, THE TAXES. AND AS SOON AS WE, WE WERE AWARE, SO IN MARCH 3RD, SO TWO DAYS LATER, MARCH 5TH, WE, WE CALLED THE CITY AND WE PAY EVERYTHING TO BE CURRENT. SO RIGHT NOW WE CURRENT, UH, ON THE TAXES WE DON'T HAVE, AND WE ALSO UNLISTED THE PROPERTY FROM ALL THE PLATFORM BECAUSE THIS IS, IT WASN'T, UH, IT WASN'T INTENTIONAL FROM ME OR MY MANAGER BECAUSE, UH, I ALSO HAVE A, A PROPERTY, UM, A HOUSE IN MIAMI THAT I RENT AND, UH, FOR LIKE, UH, FOUR YEARS PLUS YEARS. AND I NEVER HAD ANY ISSUE. SO IT JUST, UH, I'M NEW IN THIS AREA AND, UM, UM, SO I DON'T, I DIDN'T KNOW, I, I THOUGHT AIRBNB WILL COLLECT ALL THE TAXES AND JUST LIKE, UM, DISTRIBUTE TO EVERYONE. BUT I LEARNED MARCH 3RD THAT THEY DON'T, SO MARCH 5TH WE TAKE EVERYTHING, UM, CURRENT AND OFF THE LISTING TO MAKE SURE WHEN THE APPEAL ARRIVE, UM, THAT I CAN JUSTIFY. I'M REALLY THE GOOD FAITH TO SHOW THE GOOD FAITH THAT IT'S NOT UNINTENTIONALLY AND IN MY MIND TO, I DON'T KNOW, I DON'T KNOW BECAUSE YOU HAVE TO PAY THE TAXES. SO, UM, FOR ME IT WASN'T, IT NEVER WAS A QUESTION TO AVOID PAYING OR TO FRAUD OR WHAT, WHATEVER, UM, IT IS. SO YEAH. SO THAT'S, UM, MY CASE HERE. OKAY. SOMAN COMMISSIONER BRAGMAN. SO I HAVE, UH, TWO QUESTIONS FOR YOU. YOU SAID YOU MOVED FROM CALIFORNIA TO TEXAS? NO, TO FLORIDA. TO FLORIDA. AND YOU WEREN'T HAVING YOUR MAIL FORWARDED? NO, UNFORTUNATELY NOT. OKAY. WHAT WAS THE SYSTEM SET UP LIKE WITH THE PROPERTY MANAGEMENT COMPANY? I MEAN, IF, IF THEY'RE A PROPERTY MANAGER YES. DO THEY MANAGE SHORT TERM RENTALS IN TEXAS? NO, THEY MANAGED IN CALIFORNIA. SO THEY WEREN'T AWARE OF THE SYSTEM AND THE MAIL WASN'T BEING SENT TO THEM EITHER? NO, NO, NO. THE MAIL WAS SENT TO ME, UH, TO MY ADDRESS, PERSONAL ADDRESS, BECAUSE THAT'S THE WAY, UH, WE, I SET IT UP BEFORE, UM, GIVING TO THIS PROPERTY MANAGER TO, TO MANAGE IT. SO I WAS SUPPOSED TO RECEIVE THE, THE MAIL FROM CITY, COUNTY, WHATEVER, WHATEVER. SO YOU DIDN'T CHANGE YOUR ADDRESS WITH THE CITY WHEN YOU MOVED? NO, NO, NO, I DIDN'T. I DIDN'T. SO I DIDN'T RECEIVE, UH, THE, THE, THE LETTER AND I RECEIVED THE EMAIL, UH, SAYING IS WE OKAY, LIKE MARCH 3RD AND MARCH 5TH, I TAKE ACTIONS TO PUT EVERYTHING IN, IN ORDER AND, AND CURRENT. SO, SO WHAT I'M HEARING IS, IS YOU, YOU PURCHASED THE PROPERTY, PUT IT UP AS AN SDR USING A MANAGEMENT COMPANY, BUT AT NO TIME DID, LIKE, THIS IS BEFORE YOU MOVED TO TEXAS OR LIVED, HAVE YOU EVER LIVED IN TEXAS? NO, NO, NO, NO. I NEVER LIVED IN TEXAS. UH, MY STORY IS, UM, SO I WAS A PROFESSIONAL BASKETBALL PLAYER IN FRANCE AND I TRAINED VICTOR WEMA THAT YOU PROBABLY KNOW HERE. AND, UM, SO LAST YEAR, UH, TWO YEARS AGO, I WANTED TO HAVE A PROPERTY HERE BECAUSE MY, I WON'T SAY DUTY, BUT IN FRANCE I'M WELL KNOWN, BUT, AND I LIKE TO HELP THE YOUNG KIDS FROM FRANCE TO COME OVER HERE AND WATCH GAME WITH VICTOR AYA. AND THIS HOUSE IS, WAS MAINLY MADE FOR THAT. SO BRING THE KIDS DURING THE VACATION FOR A WEEK AND HAVE SAN ANTONIO, UM, EXPERIENCE AND SEE VICTOR BIEMA. SO THAT'S, UH, WHY I, I BOUGHT THIS HOUSE AND UM, BUT BETWEEN THE TIME, UH, A GROUP OF FRENCH KIDS COME AND ANOTHER GROUP OF FRENCH HAD COME, THERE WAS A GAP. AND SO I WANTED TO RENT IT OUT A COUPLE DAYS JUST TO PAY THE MORTGAGE AND EVERYTHING. BUT THE MANAGEMENT COMPANY, DID THEY TELL YOU THAT THEY COULD HANDLE THIS FOR YOU? YES, YES. THEY TELL ME THEY CAN'T HANDLE THAT FOR ME, BUT [01:15:01] YEAH. OKAY. ANY OTHER QUESTIONS, MADAM? MR. MANN? SO, SO I SHOWED THAT THE PROPERTY WAS BOUGHT IN FEBRUARY OF 2025? CORRECT. AND THEN, UM, AND THEN THE FIRST NOTICE WAS MAILED OUT IN MAY OF 2025 TO THE, THE PRIOR ADDRESS. AND SO, SO IT WAS IN THAT PERIOD THAT YOU MOVED YES. BETWEEN, YES. THAT'S THE PERIOD I MOVED MAY 28. I MAY, I THINK MAY, MAY 25TH PROBABLY. I STARTED TO TO TO, TO DRIVE MY STUFF FROM CALIFORNIA TO, TO TO TO MIAMI. SO NO, I DIDN'T RECEIVE ANY, ANY OF IT. IF I, IF I DID, I, I WOULDN'T BE HERE 'CAUSE I'M, YOU KNOW, I'M JUST SOMEONE LIKE, WHO DOESN'T LIKE TO FRAUD OR I LIKE TO BE, YOU KNOW, AND, AND FOR THE CITY. SO, SO THE FIRST CORRESPONDENCE THAT YOU SEND OUT CURRENTLY IT WAS LISTED AS ADDRESS AND, AND, AND A MAIL. WAS AN EMAIL ALSO SENT OUT AT THE SAME TIME, OR DO YOU DO CORRESPONDENCE WITH MAIL, MAIL, MAIL, MAIL, THEN EMAIL FOLLOWS ALONG THIS? OR DO YOU DO BOTH AT THE SAME TIME? ALL THE WAY THROUGH? UM, SO WHEN THE PERMIT WAS APPROVED, WE SEND AN EMAIL INDICATING TO BOTH ALL CONTACTS LISTED ABOUT YOUR RESPONSIBLE REPORT, HOT TAXES AS AN OWNER, THAT PLATFORMS DON'T DO IT FOR YOU, THINGS LIKE THAT. UM, AT THAT POINT, IF THEY BEGIN ONE MONTH, DELINQUENT AVENUE WILL THEN MAIL OUT NOTICES EACH MONTH THE PROPERTY CONTINUES TO BE DELINQUENT. ONCE WE GET THE LIST, UM, DSC GETS THE LIST, WE DO SEND A FINAL NOTICE, UM, WE DID, WHICH WE DID ON MARCH, FEBRUARY 16TH, 2026, GIVING THEM A FINAL 14 DAY NOTICE TO BRING THEIR HOT ACCOUNT CURRENT OR THEIR PERMIT WILL BE REVOKED. AND THEN ON MARCH 5TH, RIGHT, MARCH 5TH, THE PROPERTY, THE PERMIT WAS REVOKED BY STAFF AND SO ON MAY 30TH, 2025, WAS THAT THE FIRST MONTH THAT THIS, THAT THIS SDR WAS OPENED OR, WELL, LET ME VERIFY. 'CAUSE HIS PERMIT WAS APPROVED ON MARCH 10TH, 2025. SO LET ME CHECK. OKAY, SO THAT PROBABLY ALIGNS THEN. OKAY. THAT'S WHAT I NEED TO KNOW. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? ANYONE SIGN TO SPEAK? UH, BON REAL QUICK FOR THE, FOR THE CITY FOR, UM, ARE, ARE ANY, LIKE WHEN WE SIGN UP OR WHEN THEY SIGN UP FOR AN STR AND YOU KNOW, IT'S DESCRIBING THEIR, THEIR OBLIGATIONS, DUTIES, EVERYTHING THEY NEED TO DO, ARE THERE ANY OF THOSE IN, IN DIFFERENT LANGUAGES PROVIDED OR IS IT JUST IN ENGLISH? CORRECT? IT'S JUST IN ENGLISH. OKAY. GOTCHA. UM, AND THEN, UH, LAST MEETING, UH, CITI, YOU GUYS GAVE US A FUN FACT OF HOW MUCH WE USED TO COLLECT IN HOT TAXES PRIOR TO LIKE, UM, I DON'T KNOW, HOWEVER WE USED TO REPORT IT. WHAT WOULD, WHAT ARE THOSE NUMBERS, JUST JUST SO THE BOARD KNOWS AND THEN, AND THEN WE CAN JUST REMEMBER WHAT WE'RE COLLECTING ON THESE? YEAH. PRIOR TO THE CHANGE WHERE THOSE PLATFORMS, AIRBNB AND VRBO WOULD REMIT DIRECTLY THE CITY PORTION, WE, PRIOR TO THAT, WE WERE COLLECTING ABOUT A HUNDRED THOUSAND A MONTH. AND THAT'S UP TO CLOSER TO A MILLION A MONTH NOW. A MILLION A MONTH. WELL, WHAT, AND THEN THIS GOES PRIMARILY FOR WHAT THE HOT TAXES GO TO DO WHAT NOW? FOR, FOR THE CITY, THE STATE OF TEXAS LIMITS THE LEGAL USE OF HOTEL OCCUPANCY FUNDS TO LIKE 11 DIFFERENT THINGS. BUT IT'S MAINLY TOURISM, HISTORIC PRESERVATION, ARTS AND CULTURE. GOTCHA. THANK YOU. WAIT, HO HO HAS ANYONE, DID ANYONE SEND HIM TO SPEAK? THERE IS, I DON'T WANT A SPEAKER. UM, BABS, YES, WE'RE GONNA HEAR FROM COMMISSIONER, UH, BRAGMAN AND THEN WE'LL HEAR THE SPEAKER. UM, THIS IS FOR STAFF AS WELL. AND IT'S SPECIFICALLY LOGAN BECAUSE YOU MENTIONED, UM, AT THE LAST MEETING THAT THERE WAS A CODE, THERE WAS SOMETHING THAT THE LEGISLATURE DIDN'T ALLOW AVENUE A TO COLLECT COUNTY TAXES. CAN YOU BE SPECIFIC ABOUT WHAT THAT IS? YEAH, LET, LET ME SEE IF I CAN TRACK DOWN WHAT IT WAS I, TO CLARIFY. WE WERE FINE WITH IT. I SUSPECT THE COUNTY WAS FINE WITH IT, BUT WE WERE TOLD BY AIRBNB THAT THEY THOUGHT THAT THAT WAS A VIOLATION OF THE LAW AND THEY WERE NOT GOING TO DO THAT FOR SAN, FOR, FOR BEAR COUNTY. SO LET ME SEE IF I CAN TRACK DOWN SPECIFICALLY WHAT THEY CITED. UM, GIVE ME A LITTLE BIT. ALL RIGHT, LET'S HAVE THE SPEAKER COME, UH, FORWARD. SIR, IF YOU COULD JUST KIND OF, YOU CAN HAVE A SEAT AND WE'LL, WE'LL CALL YOU BACK UP. THANK YOU. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. MY NAME IS BABS NIK AND I LIVE IN THE SUBDIVISION OF EL DORADO. AND, UM, WHEN WE AND WHAT IN THE ADDRESS? MY ADDRESS YES. IS 1, 2, 4, 1 9 MAGNIFICO. THANK YOU. MY STREET ACTUALLY BACKS UP TO THIS PROPERTY MADRIGAL. OKAY. AND IN THE, UM, IN THE ZONE, WE HAVE THE ONES IN THE CUL-DE-SAC AT THE END BACK UP TO [01:20:01] THAT PROPERTY. THERE'S, AND I'VE ALSO WENT OVER TO THE STREET ON MAG MIGUEL AND TALKED TO THE TO OF SOME OF THE NEIGHBORS THAT HAVE LIVED, ONE PARTICULAR ONE THAT LIVES ON THE LEFT THAT HAS SMALL CHILDREN, ABOUT THREE OR FOUR, ACTUALLY ABOUT FOUR. THAT'S UNDER FIVE IS WHAT IT LOOKS LIKE. AND THEY'RE OUT THERE PLAYING IN THE FRONT YARD AND EVERYTHING. THIS IS A VERY SMALL NARROW STREET, WHICH IS A CUL-DE-SAC. AND IT'S, IT'S, UM, BEEN A BIG PROBLEM WITH IT BECAUSE OF THE FACT THAT THERE IS NO PARKING IN THAT STREET THERE. THE DRIVEWAY IS NARROW AT THE VERY BEGINNING OF THIS HOUSE, AND THEN IT, IT BRANCHES OUT TO A TWO CAR GARAGE, WHICH PUTS A LOT OF THIS, THE, UM, CARS THAT PEOPLE BRING. THERE WAS 16 AT ONE TIME IN THAT CUL-DE-SAC BECAUSE OF THE HOUSE AND THEY WERE, UM, PARKED ALL UP AND DOWN THE CUL-DE-SAC BECAUSE OF HOW SHORT THAT STREET IS. AND THEN, UH, UH, WE ALSO FEEL AS THOUGH THAT HE IS RENTING INDIVIDUAL LEASES PER BEDROOM ON IN THE HOUSE. AND, UM, THERE HAS BEEN POLICE CALLED OUT TO THAT HOUSE SEVERAL TIMES WHERE THEY HAVE SEEN PEOPLE BE REMOVED FROM THE HOUSE AND ARRESTED. AND THAT'S WHAT I'M HERE TO SHED LIGHT ON. I REALLY DIDN'T KNOW EXACTLY WHY THE CITY HAD REVOKED HIS PERMIT, BUT WHEN WE GOT THE 200 UM, FEET AROUND THE PROPERTY, WE WERE THRILLED THAT YOU GUYS DID. AND WE THOUGHT IT WAS BECAUSE OF THAT. AND NOT NECESSARILY TAXES, BECAUSE THIS IS DUE TO ME. OKAY. MM-HMM . AND SO IS THERE, IS THERE ANY, UH, CO COMPLIANCE OR LAW ENFORCEMENT TIED TO THIS ADDRESS? CAN YOU Y'ALL LOOK THAT UP FOR STAFF? UH, THE ONLY CODE INVESTIGATION WE HAVE WAS ON MARCH 5TH, 2026. UM, FOR SAPD WOULD HAVE TO REACH THEM THEM TO, TO DIRECTLY REGARDING ANY CASES THAT WERE, UM, SUBMITTED FOR NOISE OR PARKING VIOLATIONS. OKAY. AND I KNOW THAT HE IS, UM, I KNOW THAT HE'S RENTING IT, IT'S STILL, IT WAS TAKEN OFF OF AIRBNB, BUT I LOOKED UP SATURDAY AND IT WAS ON VRBO AND THERE WAS ANOTHER SITE THAT IT WAS ON, WHICH IS ALSO RENTING IT. SO I DON'T KNOW HOW LONG IT, IT'S BEEN REVOKED. OKAY. OKAY. ANY QUESTIONS FOR THE SPEAKER? COMMISSIONER BRAGMAN? NO. ALL RIGHT, WELL THANK YOU VERY MUCH. THANK YOU. UH, COMMISSIONER BRAGMAN. UM, SO THE SPEAKER JUST MENTIONED THAT IT'S STILL ACTIVE ON VRBO. SO IS THERE A PROCESS BY WHICH AIRBNB AND VRBO VERIFY THAT THE, THAT THE PERMIT NUMBER ASSOCIATED WITH THAT PROPERTY IS STILL CURRENT? SO WHEN THE ORDINANCE WAS UPDATED, WE MADE IT A REQUIREMENT FOR PLATFORMS TO ENSURE THAT A PERMIT NUMBER IS LISTED IN THE POSTING. DURING THE TASK FORCE MEETING WHERE THOSE UPDATES WERE CONTEMPLATED, WE HAD BOTH AIRBNB AND EXPEDIA GROUP THAT OWNS VRBO, THEY WERE A MEMBER OF THAT TASK FORCE AND THEY MADE IT CLEAR THEY WILL NOT BE MADE TO POLICE STR PERMITS FOR THE CITY OF, WE WILL MAKE SURE THAT THERE IS A PERMIT NUMBER, BUT IT IS INCUMBENT ON THE CITY TO ENSURE THAT IT'S ACTIVE, THAT IT'S NOT EXPIRED OR REVOKED OR WHATEVER ELSE IT IS. OKAY. MANA, MR. MANA. SO DID YOU HAVE A SOLUTION THEN FOR, FOR TRACKING THAT OR SOME KIND OF AUTOMATED SOLUTION OR, SO ARE YOU WORKING ON THAT? WE, WITHIN LAUREN, CORRECT ME IF I'M WRONG, UM, A MONTH AND A HALF TO TWO MONTHS HAD ALMOST COMPLETE COMPLIANCE FROM VRBO. UH, AIRBNB IS A VERY DIFFERENT EXPERIENCE. UM, THEY REMOVED AFTER ABOUT A YEAR, THEY REMOVED HUNDREDS OF LISTINGS THAT DID NOT HAVE A PERMIT, BUT WE'RE KIND OF WAITING FOR THEM TO DO THAT AGAIN. SO IF YOU LOOK AT OUR, UM, OUR DEPARTMENT'S PERFORMANCE MEASURES, ONE OF THE THINGS THAT WE TRACK IS OUR PERMIT COMPLIANCE RATE. UM, WHEN KIND OF OVER THE YEARS WE BUMPED THAT UP FROM KIND OF THE FIFTIES UP TO THE EIGHTIES. IT JUMPED INTO THE MID TO UPPER NINETIES WHEN AIRBNB FINALLY WENT THROUGH AND REMOVED THOSE LISTINGS THAT DIDN'T HAVE A PERMIT NUMBER. AND THEN IT'S KIND OF SLOWLY BUT SURELY FALLEN EVERY MONTH SINCE AS MORE UNPERMITTED LISTINGS ARE ADDED TO THE WEBSITE. ALRIGHT, SO IF THERE'S NO OTHER QUESTIONS, HAVE THE APPLICANT COME BACK FORWARD. UM, SO YOU'VE HEARD SOME COMMENTS, UH, WILL GIVE YOU AN OFF, UH, AN OPPORTUNITY TO PROVIDE ANY REBUTTAL IF YOU LIKE. UM, SO I, UM, I WASN'T, UH, AWARE OF, UH, ANY OF THE COMMENTS THAT, UM, [01:25:01] THE LADY MADE, UM, EARLIER 'CAUSE I WOULD'VE MAYBE TAKE ACTION. UM, SO WHAT DID, I DON'T REMEMBER EXACTLY EVERYTHING SHE SAID, BUT VR BUREAU, WE DON'T OPERATE ON VR BUREAU, SO I DON'T KNOW BECAUSE, UM, THEY SAY EARLIER THERE'S NO LISTING ACTIVE. AND IT'S TRUE SINCE, UH, LIKE I SAID, MARCH 5TH. SO WE NEVER HAD LIKE, UH, ANY, UM, TENANT FROM BOOKING FROM VR BUREAU AT ALL FROM THE BEGINNING. SO ONLY AIRBNB. SO I HAVE ALL THE PROOF HERE THAT I CAN SHOW YOU. UH, SO I DON'T UNDERSTAND, UH, REALLY WHAT THE MATTER I CAN MAYBE IT COMES FROM, UM, THEY DON'T LIKE TO HAVE LIKE AIRBNB OPERATE AROUND THEIR, THEIR HOUSE. I KNOW AROUND ME IT'S THE SAME FAMILY, THE DAD AND THE SON, AND I'M IN THE MIDDLE. SO MAYBE THAT'S THE REASON WHY I DON'T KNOW. BUT NO, WE NEVER, WE HAD LIKE, YES, ONCE, UH, THE POLICE THAT WE CALLED BECAUSE THE, THE TENANT WASN'T, WAS I THINK DRUNK OR SOMETHING. SO YES, WE CALLED BECAUSE WE THOUGHT HE WAS DANGEROUS AND THE POLICE TAKE HIM OUT, BUT THAT NOT SOMEONE ELSE WHO CALLED THE POLICE TO SAY, OH, THERE IS NUISANCE, UH, OR WHATEVER. SO I DON'T, I DON'T REALLY UNDERSTAND WHY AND SHE COULD HAVE FOUND, SOMEBODY COULD HAVE COME TO ME AND I WOULD'VE, UH, DISCUSSED WITH, UH, THE PERSON TO, TO FIND THE BEST SOLUTION. BUT, UH, OKAY. ALRIGHT. ANY OTHER QUESTIONS BEFORE WE MOVE ON TO A MOTION? HEARING NONE. I'M LOOKING FOR A MOTION. O COMMISSIONER UNI REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 5 3. I MOVE IT TO THE BOARD OF ADJUSTMENT GRANT, THE APPEAL FOR THE PROPERTY SITUATED AT 12 2 31 MADRIGAL APPLICANT BEING, UH, ROONE, UH, BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH 1D WHEN REVOK, WHEN REVOKING THE SHORT TERM, UH, PERMIT AND A MOTION SECOND. ALL RIGHT, WE HAVE A MOTION AND A SECOND BY COMMISSIONER BEEZ. I MEAN, COMMISSIONER BEEZ, COMMISSIONER BEEZ, APOLOGIES IF I PRONOUNCE YOUR NAME WRONG. UM, I'M, I'M GONNA BE IN SUPPORT OF THIS. UM, I DON'T FEEL, ONCE AGAIN THAT THE CITY WAS AN ERROR. UM, I, I DO FEEL, UH, YOU KNOW, A BIG PART OF THIS WAS THE TRANSITIONING FROM, YOU KNOW, AIRBNB TAKING TAXES TO, UM, TO WHEN THEY DIDN'T TAKE TAXES BEFORE. AND, UM, SOME OF THIS IS ON MANAGEMENT, BUT THAT'S ALSO ON THE OWNERS. BUT I DO FEEL THAT, UH, YOU KNOW, A LOT OF YOU GUYS ARE COMING HERE, YOU'RE PAYING THE MONEY TO BE HEARD TO GET YOUR PROPERTY BACK UP. UM, THERE'S NO OTHER STR ON THIS BLOCK FACE. SO IT, IT'S, IT'S CURRENTLY AT 0% DENSITY. SO I THINK WE'RE OKAY WITH HAVING ANOTHER ONE THERE. I THINK THE APPLICANT KNOWS HOW TO, YOU KNOW, MANAGE THIS GOING FORWARD. WE'RE GONNA BE ABLE TO COLLECT HOT TAXES FROM THIS. UM, WE HAD A STATEMENT EARLIER FROM THE CITY SAYING THAT, YOU KNOW, YOU KNOW, NOW, NOW REVENUE WENT FROM A HUNDRED THOUSAND A MONTH TO A MILLION A MONTH, RIGHT? SO MAYBE WE COULD HIRE SOME MORE PEOPLE TO, TO KIND OF, MAYBE SOME OF THAT COULD GO TO STAFFING. I DON'T KNOW, JUST THROW THAT OUT THERE. PROBABLY NOT. UNFORTUNATELY, THAT IS NOT A LEGAL USE OF THE HOT FUNDS . BUT, YOU KNOW, YOU KNOW, I THINK, I THINK CITI DOES A GREAT JOB IN DOING WHAT THEY NEED TO DO TO, TO MANAGE THIS. UM, BUT YOU KNOW, THERE, THERE, THERE'S JUST SOME MISCOMMUNICATION, I THINK. AND, AND I THINK A LOT OF THAT IS BETWEEN, YOU KNOW, AVENUE MANAGEMENT, UM, THE S ST YOU KNOW, THE, THE SITES STARTING TO COLLECT NOW. UM, BUT JUST, YOU KNOW, KEEPING, KEEP THIS IN CONSIDERATION BOARD, YOU KNOW, IF AIRBNB OR VRBO WAS COLLECTING THE COUNTY TAXES AS WELL, WE WOULDN'T BE HERE FOR ANY OF THESE CASES. I MEAN, THEY'RE COLLECTING 15%. THEY'RE COLLECTING CITY, THEY'RE COLLECTING STATE. THAT'S A HUGE CHUNK, YOU KNOW, AND WE'RE SITTING HERE, WE'RE DENYING PEOPLE FOR 1.75%. YEAH, YOU GUYS DO NEED TO PAY IT. I THINK YOU'RE GONNA DO IT GOING FORWARD. BUT IF WE CAN GET, YOU KNOW, THESE, THESE SITES TO PAY IT TOO, WE'RE NOT HEARING ANY OF THESE CASES ANYMORE. FOR THE MOST PART, IT WOULD JUST BE PEOPLE OPERATING WITHOUT A PERMIT THAT WE'D BE HEARING. UM, SO FOR, FOR THOSE, YOU KNOW, UH, FACTS, I'LL BE IN FAVOR. THANK YOU COMMISSIONER BON, I AGREE WITH COMMISSIONER, UH, BONIA AND UM, HOPEFULLY YOU'VE UPDATED ALL YOUR INFORMATION SO WE DON'T SEE YOU HERE AGAIN, BUT I WILL BE IN FAVOR AS WELL. THANK YOU. I APPRECIATE IT. ALL RIGHT. IS THERE ANYONE ELSE LIKE TO ADD HEARING NONE UNLESS HAVE ROLL CALL, VOTE PLEASE. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER BENAVIDEZ? YES. COMMISSIONER REED? YES. COMMISSIONER STEVENS. YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? NO, I DO NOT. CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES. UH, PLEASE BE CAREFUL MOVING FORWARD. I WILL BE. BELIEVE ME. THANK YOU VERY MUCH. THANK YOU. ITEM NUMBER FIVE, AND, UH, REAL QUICK BEFORE WE MOVE ON, THE APPLICANT FOR ITEM NUMBER [01:30:01] SEVEN WILL BE NEEDING TO LEAVE. THEY'RE REQUESTING A CONTINUANCE TO APRIL 20TH. OKAY. AND I CAN READ THAT IN FOR THE RECORD. JUST READ THAT IN PLEASE. IT'S, UM, BO EIGHT DASH 26 DASH 0 3 4 0, UH, REQUEST BY ADA FOR A HALF STORY VARIANCE AND AN EIGHT FOOT VARIANCE FROM THE MAXIMUM 2.5 STORIES AND A 35 FOOT, UH, TO ALLOW DEVELOPMENT OF THREE STORIES AT 43 FEET, LOCATED AT 21 1 4 2 LAS LOMAS BOULEVARD. ALL RIGHT. AND THE, AND THE DATE WAS TWO WEEKS? WEEKS. WE DO HAVE ONE PERSON SIGNED NOTE TO SPEAK FOR THAT ONE. OKAY. UH, WHAT WAS THE DATE? APRIL 20TH. APRIL 20TH. SO LET'S HAVE THE SPEAKER COME FORWARD PLEASE. MR. OCTA VIRA MANES. HELLO SIR, PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS. IT'S, OH, UM, MR. CASAVA? YES, THIS IS THE APPLICANT. UH, WE'RE LOOKING FOR MR. ES. HE WAS SIGNED UP TO SPEAK OR SPANISH. OH, UM, MM-HMM . UM, MR. AND WE WOULD LIKE TO POSTPONE THIS, UH, AUDIENCE BECAUSE THIS HERE, BECAUSE UH, WE WANT TO BE MORE PREPARED FOR THE CASE. ALRIGHT, THANK YOU. ALL RIGHT. IS THERE A MOTION TO CONTINUE TO A, UH, APRIL 20TH. SO MOVED. ALL RIGHT. IS THERE A SECOND? SECOND. SECOND. I'LL GIVE THAT TO COMMISSIONER BEES. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? HEARING NONE WILL SEE ON THE 20TH. THANK YOU. OKAY, THANK YOU. ALL RIGHT. ITEM NUMBER FIVE. GOOD AFTERNOON. ITEM NUMBER FIVE IS BO OA DASH 26 DASH 1 0 3 0 0 3 7 LOCATED IN DISTRICT THREE AT 1734 SLEE AVENUE. THE ZONING IS R FORM AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO LOUD AND ENCLOSED CARPORT TO BE ONE INCH FROM THE EAST SIDE PROPERTY LINE. THERE'S A COUPLE MORE VARIANCES. DO YOU MIND MAJOR? YOUR IN ADDITION, THERE WAS A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW ONE FOOT SIDE SETBACK FROM THE EAST AND WEST SIDE. PROPERTY LINES TO INCLUDE A ONE FOOT OVERHANG AND THREE AND 19 FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW ONE INCH REAR SETBACK. THE SUBJECT PROPERTY IS LOCATED ALONG SLEE IN THE MIDDLE OF RESIDENTIAL BLOCK BETWEEN SOUTH GOVERS AND SOUTH MIDLAND STREET. THE SURROUNDING AREA CONSISTS PRIMARILY OF R FOUR RESIDENTIAL BASED ZONING DISTRICTS. THE CASE ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION CONDUCTED REGARDING WORK DONE TO ENCLOSE THE EXISTING CARPORT WITHOUT A PERMIT. UPON VISITING THE PROPERTY, STAFF OBSERVE ADDITIONAL SETBACK VIOLATIONS, THUS PROMPTING ADDITIONAL SIDE AND REAR SETBACK REQUESTS. AERIAL PHOTOGRAPHY INDICATES VARIOUS ADDITIONS TO AN EXISTING STRUCTURE IN THE SOUTHEAST CORNER OF THE REAR YARD, BEGINNING IN 2018. IN 2018, IN ADDITION TO THE EXISTING STRUCTURE WAS COMPLETED TO EXTEND THE STRUCTURE ALONG THE LENGTH OF THE REAR PROPERTY LINE AND TO EXTEND APPROXIMATELY 40 FEET INTO THE REAR YARD ALONG THE WEST SIDE PROPERTY LINE IN 2020. IN ADDITION, WAS CONSTRUCTED TO CONNECT ACCESSORY STRUCTURE TO THE PRIMARY STRUCTURE ALONG THE WEST SIDE PROPERTY LINE. AND THEN IN 2021, AN UN ENCLOSED, A COVERED AREA WAS ADDED JUST NORTH OF THE ORIGINAL ACCESSORY STRUCTURE IN THE SOUTHEAST CORNER. THIS 2021 PROJECT IS THE ONLY CONSTRUCTION FOR WHICH A PERMITS OBTAINED AND CONSTITUTES ROUGHLY 25% OF THE NEW CONSTRUCTION COMPLETING IN THE REAR YARD. SINCE 2018. THE NEW COMPLEX OF ADDITIONS CREATED IN THE YARD WILL REQUIRE FULL PERMITTING REVIEW TO ENSURE COMPLIANCE WITH LIFE AND SAFETY STANDARDS. THE PROPERTY BUTTS A 10 FOOT ALLEY, WHICH WILL REDUCE THE REQUIRED REAR SETBACK TO 15 FEET. HOWEVER, THE OVERALL REQUESTED REAR SETBACK REMAINS AT ONE INCH. THIS IS THE SITE PLAN, THE YELLOW IS THE ORIGINAL VARIANCE REQUEST. AND THEN THE NUMBER TWO AND NUMBER THREE ARE THE SIDE, THE ADDITIONAL SIDE AND REAR SETBACK REQUESTS. THIS IS A SUBJECT PROPERTY, THIS IS THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL FOR THE SIDING REAR SETBACKS, AND, AND BOA DASH 26 DASH 0 3 0 0 0 37. BASED [01:35:01] ON THE FOLLOWING FINDINGS OF FACT, ONE, THE CARPORT AND PRIMARY STRUCTURE ADDITIONS WOULD BE TOO CLOSE TO THE SIDE PROPERTY LINES, WHICH PRESENT A FIRE HAZARD TO THE ABUTTING AND SURROUNDING PROPERTIES. AND TWO, PERMITTING SUCH DISTANCES FROM THE PROPERTY LINES HINDERS AIRFLOW BETWEEN THE STRUCTURES AND MAY SET A PRECEDENT FOR CROWDED STRUCTURES WITHIN THE NEIGHBORHOOD. STAFF MAILED OUT 42 NOTICES. ZERO WERE RECEIVED IN FAVOR, ONE WAS RECEIVED IN OPPOSITION AND HIGHLAND PARK NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE. THIS IS THE LETTER PROVIDED IN OPPOSITION. AND THE FOLLOWING ARE A COUPLE PHOTOS SUBMITTED AS WELL. THIS CONCLUDES STAFF'S PRESENTATION. OKAY. HAS, UH, DID CPS CHIME IN ON THIS ONE? 'CAUSE I'VE GOT A SINGLE PHASE UTILITY POLE RUNNING RIGHT DOWN THE MIDDLE OF THAT ALLEY WITH TRANSFORMERS AND EVERYTHING. I HAVE NOT RECEIVED WORD FROM CPS ABOUT THAT SITUATION. IS THAT SOMETHING THAT STAFF, I MEAN, WHEN YOU SEE SOMETHING LIKE THIS, MAYBE TO ASK THEIR OPINION BECAUSE I MEAN, SOMETIMES, YOU KNOW, YOU, THEY MAY HAVE A, A, YOU KNOW, SOME LOW VOLTAGE STUFF, SOME PHONE OR DATA COM. BUT I MEAN, I, I'M JUST SEEING UTILITY POLES WITH THREE FACE TRANSPLANT. SO I DID REACH OUT TO CODE ENFORCEMENT, UM, AND MADE THEM AWARE THAT THERE MAY BE, UM, SOMETHING, SOMETHING THAT MAYBE THEY COULD HELP WORK LIKE ADDRESS WITH THE APPLICANT. UM, AND THAT IS KIND OF WHERE OKAY. IT GOES FROM. RIGHT. SO, UH, WITH THAT, UH, OTHER QUESTIONS FOR STAFF? LET'S HAVE THE APPLICANT COME FORWARD. BON US REAL QUICK. CITY. YES. COMMISSIONER. BE DENISE CITY. CAN Y'ALL PUT UP THAT OPPOSITION LETTER? YEAH, THAT, I JUST WANTED TO SEE IT. IF YOU CAN JUST KEEP IT UP. GREAT. IT SAID THE APPLICANT COME FORWARD. HELLO. PLEASE STATE YOUR NAME AND THANK YOU. HELLO, GOOD AFTERNOON. MY NAME IS PEDRO. ALL RIGHT. TELL US ABOUT YOUR, YOUR PROJECT. UH, OKAY, UM, YES, UM, I KNOW THAT, UM, I MADE A MISTAKE AND I REALLY APOLOGIZE FOR THAT. UM, UH, I, I MADE A MISTAKE BECAUSE I COVERED THE CARPORT AND I KNOW THAT I SHOULD HAVE DONE IT. BUT THE PROBLEM IS THAT I'M A DIA, I'M DIABETIC AND I HAVE A VISION PROBLEMS. UH, SO I PREFER TO ENTER MY HOUSE THROUGH THE CARPORT TO THE BACKSIDE OF THE HOUSE AND THEN BE ABLE TO GO INTO MY HOUSE BECAUSE THERE ARE NO, UH, STEPS TO GO INTO THE HOUSE AS I CAN'T SEE VERY WELL. AND IF I DO IN THE FRONT, I, THERE ARE SOME STEPS THAT I HAVE TO GO UP SECOND, SECOND, UM, YEAH. SO I, I'M WILLING TO DO WHATEVER IS NECESSARY TO MAKE IT, UH, CLEAR, TO MAKE IT GOOD. AND I TOLD, I I GOT IN TOUCH WITH THE CITY AND, UH, I TOLD THEM THAT I WAS WILLING TO HAVE EVERYTHING FIXED, UH, 12 YEARS AGO WHEN I BOUGHT THE PROPERTY. WELL, MY FAMILY IS REALLY BIG AND AT THAT TIME I DIDN'T [01:40:01] KNOW THE, THE CODES, THE CITY CODE. YES. THAT'S WHY WE STARTED BUILDING. UH, BUT NOT NOW. NOW, UH, IT'S JUST MY HUSBAND AND I WHO LIVE IN THE HOUSE JUST BY OURSELVES. YES. AND I'M HERE WILLING TO DO WHATEVER IS NECESSARY TO MAKE IT RIGHT. AND WHAT I DID IN THE PAST, WHAT I DID WAS JUST DUE TO MY ILLNESS. OKAY. UH, SO A, A QUESTION FOR STAFF, FOR ITEM NUMBER ONE ABOUT IT, ABOUT IT BEING AN ENCLOSED CARPORT. IS THIS THING LOOKS LIKE IT'S, IS IT ENCLOSED ON MORE THAN, IS IT TWO SIDES THAT MAKES IT A GARAGE AND NOT A CARPORT OR THREE SIDES? SO THAT ITEM NUMBER ONE'S CONCERNING, UH, ON THE SIDE PLAN HERE, YOU CAN SEE IT'S THE COLOR CODED IN YELLOW. IT'S, IT, IT IS A GARAGE. IT WAS AT ONE POINT A CARPORT AND WE DESCRIBED IT AS SUCH TO KIND OF DESCRIBE THE WORK THAT WAS DONE ON IT RECENTLY. IT WAS A CARPORT AT ONE TIME. OKAY. RECENTLY BEEN ENCLOSED INTO A GARAGE AND ON THE NEIGHBORING PROPERTY. UH, SO IF I'M LOOKING AT ONE OF THE PICTURES STRAIGHT IN, AT THE GARAGE DOOR PART, IS THE NEIGHBORING PROPERTY, ARE THEY, LIKE, ARE THEY TOUCHING EACH OTHER? IS THERE OVERLAP ON THAT FROM THE GUTTER AND THE ROOF WHEN COMPARED TO THE CARPORT? CAN WE GO BACK TO THE, UH, SUBJECT PROPERTY PHOTO? I THINK THAT'S WHAT THE CHAIR'S DESCRIBING IS THE YEAH. ONE. SO WE DIDN'T OBSERVE ANY ACTUAL TOUCHING. UM, BUT I THINK THIS PHOTO DOES ILLUSTRATE THE VERY, VERY MINIMAL DISTANCE BETWEEN THE TWO STRUCTURES ON THE, ON THE SITE. YEAH. OKAY. UH, COMMISSIONER QUESTIONS? UH, BON IS FOR THE APPLICANT? YES. COMMISSIONER, UH, DO YOU HAVE GUTTERS ON THE SIDES OF THE HOUSE ALL, ALL THE WAY? YES, IT DOES. IT HAS THE WATER, IT BRINGS THE WATER OUTWARDS. DOES IT DRAIN TO THE FRONT TO TOWARDS THE REAR? DOES SHE KNOW? IT GOES TO THE FRONT. OKAY. AND, AND THEN, UM, HAS SHE TALKED WITH THE NEIGHBOR WHO PUT THAT OPPOSITION LETTER IN? HAVE THEY BEEN IN COMMUNICATION? YEAH, UH, ONCE THE NEIGHBORS TALKED TO MY HUSBAND AND THEY SAID THAT THEY WANTED SOMETHING LIKE A DRAIN FOR THE WATER TO GO OUT AFTER THE, IT WAS BROUGHT DOWN BY THE GUTTER. BUT, UM, UM, I HAVE, I HAVE THE GUTTER AND THE WATER RUNS TOWARDS THE FRONT. BUT THEY DON'T HAVE THE DRAIN EXCUSE? NO. OH, THEY HAVE THE GUTTER AND THEY, THE WATER COMES DOWN, BUT THEY DON'T HAVE A WAY FOR THE WATER TO COME OUT. ALL RIGHT. ANY OTHER QUESTIONS? AND REAL QUICK, WE HAD, UH, ONE ADDITIONAL SLIDE WE PUT UP THERE KIND OF SHOWING THE TRANSITION THROUGHOUT THE YEARS. YEAH, JUST FOR YOUR INFORMATION. ALRIGHT. IS THEREA YES, COMMISSIONER MAN. OKAY. SO, UM, THE PRIOR CARPORT THAT WAS THERE, UH, DID YOU MAKE THIS CURRENT ADDITION LARGER THAN THE PREVIOUS CARPORT WITH REGARDS TO ITS WIDTH? NO, IT'S EXACTLY AT THE SAME PLACE AS IT USED TO BE. IN FACT, THERE ARE SIGNS OF THE, THE POLES THAT WERE TOWARD THE, THE GATE. OKAY. SO IT, IT, IT DIDN'T APPEAR FOR THAT ON, ON THE ONLINE VIEW, BUT MAYBE I'M LOOKING AT IT WRONG. SO RIGHT NOW YOU HAVE A GARAGE DOOR THAT'S, WE'LL SAY EIGHT FOOT WIDE [01:45:01] OR, OR NINE FOOT WIDE, I GUESS WHATEVER WIDTH OF A NORMAL GARAGE DOOR IS. SO, SO DO YOU NEED TO HAVE THE EXTRA DISTANCE FACING THE GARAGE THERE TO THE LEFT, UM, TO BE ABLE TO UTILIZE THAT GARAGE? BECAUSE SEEING IT THIS CLOSE, SO I ALWAYS WORRY ABOUT FIRE SAFETY IN YOUR NEIGHBORS AND WE ARE NOT USED TO SEEING PROPERTY BUILT ALL THE WAY AGAINST THE NEIGHBOR'S PROPERTY LINE. AND SO, SO THIS CONCERNS ME, YOU KNOW, JUST FOR THE SAFETY OF YOU AND YOUR NEIGHBOR. AND SO, SO IS THERE A REQUIREMENT OR IS THERE ANYTHING THAT COULD BE DONE THERE TO MOVE THAT WALL IN SO THAT, SO THERE IS A LITTLE BIT OF DISTANCE THERE BEING THAT YOU HAVE A SOLID WALL THERE. IF THERE'S NOT ANY OTHER OPTION, THEN I WOULD DO IT. NO, I'M ASKING, BUT I JUST WOULD NEED FOR YOU TO GIVE ME SOME TIME TO BE ABLE TO MAKE IT. AND THEN I HAVE A SECOND QUESTION THEN. SO IF YOU GO TO THE PICTURE ON THE BACK. SO, SO IT DOES LOOK LIKE THIS ALLEY IS, HAS A LOT OF STRUCTURES ALONG THIS, YOU KNOW, THAT ARE LINING THIS ALLEYWAY ALL THE WAY DOWN. UH, THERE IS A UNIQUE FEATURE HERE ON THIS, ON THIS PROPERTY THOUGH, AND I DON'T KNOW HOW THAT FITS IN THERE, WHERE THEY ACTUALLY HAVE A CUTOUT IN THE ROOF TO SUPPORT THE TELEPHONE POLE. AND SO I DON'T KNOW IF CPS WOULD, WOULD HAVE A, A PROBLEM WITH THAT. I, I THINK THAT, UM, I'M NOT USED TO SEEING STRUCTURES BUILT AROUND TELEPHONE POLES AND SO, SO, UM, THAT, THAT MAY PRESENT A PROBLEM. YOU KNOW, I, I LOOKING DOWN THE LINE, I DON'T SEE ANYBODY ELSE DIGGING OUT FOR, FOR A TELEPHONE POLE. AND SO THAT ONE SEEMS A LITTLE BIT, UH, UNIQUE THERE. YEAH, IF THIS WAS A DETACHED ACCESSORY STRUCTURE, IT WOULD, IT WOULD BE ONE INCH OR IT WOULD BE FLUSHED TO THE, UH, ALLEY BECAUSE OF THE ALLEY. BUT SINCE IT'S A PRIMARY STRUCTURE, THAT'S WHY THIS GOES THERE. VARIANCE. AND THEN, YEAH, CPS, THEY MIGHT BE OVER THEIR PROPERTY LINE, SO DEPENDING ON WHAT THE BOARD DECIDES, THEY STILL MAY HAVE TO CUT BACK THAT, UH, OVERHANG. YEAH. SEE ON SINGLE PHASE CPS LIKES 10 FEET ON EITHER SIDE OF THE POLE, THEY PROBABLY PUT THE POLES RIGHT ON THE EDGE SO THEY COULD DRIVE DOWN THERE AND SERVICE 'EM OR WHATNOT. AND THEY WERE RELY, AND, AND IN THIS CASE, THEY'RE RELYING ON SETBACKS TO PROVIDE THE 10 FOOT SEPARATION THEY NEED FROM, FROM PRIMARY ELECTRIC OVERHEAD. SO IT JUST SO HAPPENS THAT IT'S MORE IMPERATIVE ON THAT APPLICANT SIDE OF THE ALLEY, THEN THE OPPOSITE SIDE OF THE ALLEY. SO ANYWAY. ALRIGHT. IS THERE ANYONE ELSE LIKE TO ASK, UH, ANY QUESTIONS OF THE APPLICANT OR THE STAFF? ANYONE TIME TO SPEAK? UH, YES, WE DO HAVE TWO SPEAKERS. OKAY. LET'S HEAR 'EM. UH, JUAN GONZALEZ. HELLO SIR, PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHT. UH, FIRST NAME IS JUAN, LAST NAME GONZALEZ. ALL RIGHT. WHAT ARE YOUR THOUGHTS? UM, IT'S NOT MAKING A COMPLAINT, IT'S JUST UNDERSTANDING THE STRUCTURE AND THE VARIANCES. UM, WE DO UNDERSTAND THAT THERE'S A FIRE RISK BECAUSE OF THE STRUCTURE ITSELF TO THE NEIGHBORS, OR AT LEAST TO THE NEIGHBORHOOD. AND THAT WAS THE MAIN UNDERSTANDING OF THIS WHOLE, UM, I GUESS VARIANCE AND, AND NOT BEING IN AGREEMENT WITH IT. UM, WE DO UNDERSTAND THE CLOSENESS OF THAT STRUCTURE TO THE OTHER HOUSES ON EITHER SIDE. UM, EVEN IF IT CAME DOWN TO THE POINT OF, UM, EVEN A POTENTIAL FIRE RISK IF WE DID UNDERTAKE, IF, IF THESE NEIGHBORS ACTUALLY UNDERTOOK A FIRE IN THEIR HOME, THAT SPREAD WOULD BE, UM, RISK TO EVERYBODY ELSE IN THE NEIGHBORHOOD. UH, WE'RE NOT VERY CLOSE, BUT I'D SAY WE'RE ABOUT A HUNDRED FEET. BUT, UM, UNDERSTANDING SOME OF THE RAMIFICATIONS I WORK WITH, UH, THE CITY HERE WITH PUBLIC SAFETY, AND SO I GET TO SEE BOTH SIDES OF THE HOUSE, UH, BOTH PD AND FIRE. AND I UNDERSTAND JUST THE SLIGHTEST WIND WITH A STRUCTURE THAT'S ON FIRE, EVEN AT FIVE MILES AN HOUR, UM, THAT SPREADS PRETTY QUICK. IT ONLY TAKES A MINUTE TO THREE MINUTES FOR IT TO GET, YOU KNOW, MAYBE, UH, I'D SAY, UH, A HUNDRED FEET AT FIVE MILES AN HOUR. WE UNDERSTAND IT CAN SPREAD LIKE WITHIN A MINUTE. I UNDERSTAND THE RESPONSE FROM THE FIRE DEPARTMENT. WE, YOU KNOW, THEY HAVE TO COME OUT, BUT WE JUST SAW THAT THE STRUCTURE WAS JUST NOT CONDUCIVE TO WHAT WE HAVE THERE IN HIGHLAND PARK. HIGHLAND PARK'S BEEN MAINTAINED SO WELL. I MEAN, I I LIKE TO THINK THE NEIGHBORHOOD HAS DONE VERY WELL WITH TRYING TO UPKEEP THE, THE, THE HOMES. YOU [01:50:01] KNOW, WE WE'RE ALSO IN A REMODEL OURSELVES AND WE'RE COMPLIANT WITH ALL THE PERMITS AND, UM, I'VE JUST NEVER SEEN A STRUCTURE LIKE THIS. AND SO IT'S KIND OF LIKE A, JUST AN UNDERSTANDING OF RISK FOR THE NEIGHBORHOOD. AND IF WE, OR THE WAY I LOOK AT IT, IF THIS IS ALLOWED, I I'LL SEE OTHER NEIGHBORS DOING THE SAME THING. ALL RIGHT, THANK YOU. OKAY, THANK YOU. AND I, I HAVE A QUESTION FOR YOU. SO, SO IF, CAN YOU BRING ME, OH, THAT OVERHEAD THERE. SO, SO IS IT THAT YOU, YOU KNOW, YOUR CONCERNS ARE REALLY FOR ALL OF THE STRUCTURES FOLLOWING ALL THE PROPERTY LINES OR, OR JUST THE, THE GARAGE OR, 'CAUSE THE GARAGE CERTAINLY BUTTS ANOTHER HOME AND THAT ONE, YOU KNOW, I, I I SHARE YOUR CONCERNS THERE. DO YOU HAVE THE SAME CONCERNS FOR THE, THE, THE U-SHAPED BACK PORTION OF THE PROPERTY AS WELL? OH YES, I DO AS WELL. I MEAN, I, I WAS KIND OF SURPRISED AT THE, UM, AT THE ELECTRICAL POLE OR THE POLE BEHIND THE HOUSE. I WOULD'VE NEVER HAVE THOUGHT OF DOING SOMETHING LIKE THAT OR SEEING SOMETHING LIKE THAT. UM, AND OF COURSE IF IT WAS A SEPARATE STRUCTURE, BUT NOW IT'S ENCLOSED. SO EVEN THE OCCUPANTS COULD BE AT RISK IF, UH, THERE WAS SOME KIND OF CATASTROPHE THAT HAPPENED AND THOSE POLES WERE TO BECOME COMPROMISED OVER THAT HOME. BUT I, I UNDERSTAND THE QUESTION. OKAY. THANK YOU. IVANIA. UM, MR. GONZALEZ, UM, SO WHEN THEY HAD THE CARPORT, JUST AN OPEN CARPORT, WERE YOU TROUBLED BY THAT CARPORT BEING OPEN OR, WELL, TECHNICALLY I, UH, I SEE THAT CARPORT IS NOT THE SAME AS OTHERS IN THE NEIGHBORHOOD. UM, IN FACT, I SEE HOW CLOSE IT IS TO THE NEIGHBORING HOME, BUT SINCE IT'S BEEN ENCLOSED, I DON'T KNOW IF THE NEIGHBOR NEXT DOOR HAS, WOULD HAVE AN OPPORTUNITY EVEN TO, IF I LOOK AT THE WINDOWS FOR REPLACEMENT AND I SAID, OKAY, I WANNA REPLACE ALL THOSE WINDOWS. I, I DON'T KNOW WHO'S GONNA GET IN THERE TO REPLACE THAT WINDOW IN THAT SMALL LITTLE AREA TO WORK THAT PROPERTY. THE NEIGHBOR'S PROPERTY, SHE REALLY DOESN'T HAVE THAT MUCH SPACE BETWEEN HER HOUSE AND THE PROPERTY LINE. IT'S A, IT'S NOT A FIVE FOOT SEPARATION. NO, MA'AM. IT, IT'S NOT. AND IF I CAN JUST SEE FROM HERE, THE, THE EXTERIOR OF THAT HOME, IT'S ALL WOOD. IT'S NOT HARDY PLANK OR ANYTHING ELSE. OKAY. THANK YOU. ANYTHING ELSE? WE'RE GOOD? UH, YES SIR. THANK YOU FOR YOUR THOUGHTS. ANTOINETTE GONZALEZ, IT'S ANTOINETTE VIAL . HI ABOUT THAT ANTOINETTE VIAL. AND, UM, MY CONCERNS ARE BASICALLY THE SAME AS, UH, MR. GONZALEZ'S AND, UH, OTHER NEIGHBORS IN THE NEIGHBORHOOD TOO, THAT, UM, THE SETBACK REQUIREMENTS WEREN'T FOLLOWED AND MOSTLY BECAUSE OF THE SAFETY OF THE OTHER HOMES INVOLVED. UM, I GUESS BACK WHEN THOSE HOMES WERE BUILT IN THE 19, LATE 1920S AND THIRTIES, I BELIEVE THE SETBACKS WERE PROBABLY LIKE THREE FEET, RIGHT? UH, SIDES HAD BUT THREE FEET HAVING LOOKED AT THE LETTER THAT WE WERE SENT AND READING IT WHERE THEY ONLY COMPLIED. WELL, I, I BELIEVE THAT THEY DIDN'T, UH, GET ANY PERMITS, BUT, UM, THEY'RE ONLY ONE INCH FROM THEIR PROPERTY LINE WHERE THEY SHOULD HAVE BEEN AT MINIMUM FROM THE ORIGINAL SETBACKS THREE FEET. UM, AND THEN I THINK THE REAR MENTIONS AND THEN ABOUT 20 FEET AND THEY'RE ONLY ONE INCH. SO I JUST WANNA READ WHAT I WROTE HERE SO THAT I WOULDN'T, 'CAUSE OTHERWISE I'LL FORGET. AND AGAIN, IT ISN'T SO MUCH THAT WE'RE COMPLAINING BECAUSE OF THE PEOPLE WHO LIVE THERE, WE'RE ALSO CONCERNED ABOUT THEM, BUT IT'S MOSTLY JUST THE NEIGHBORHOOD, BUT MOSTLY THE SURROUNDING THE PEOPLE WHO ARE LIKE ADJACENT TO THEIR PROPERTY. SO ON HERE I PUT, UM, DUE TO THE ENCROACHMENT, INTO THE SETBACKS, THE FIRE RISK FOR THE ADJACENT OR NEIGHBORING HOMES INCREASED SUBSTANTIALLY ALSO DUE TO THE OVERBUILD OF THE LOT OR THE PROPERTY THE IMPERVIOUS COVER HAS, UH, WHICH WAS DE IT WILL, UH, IT WAS, UH, DECREASED OR WILL MINIMIZE RAINWATER SATURATION AND THEREFORE INCREASE THE RAINWATER RUNOFF OFF. AND THEN ESPECIALLY DURING FLOOD EVENTS, BECAUSE THERE'S SO MUCH OVERBUILD AND THEY DON'T [01:55:01] HAVE WHERE THE WATER CAN GO INTO THE YARD OR THE GRASS, IT COULD POSSIBLY CREATE PROBLEMS FOR THE NEIGHBORS. AND UM, THE OTHER POINT THAT I HAVE HERE IS WE'RE CONCERNED THAT, UH, AGAIN, IT'S THE IMPERVIOUS COVER, IT'S BEEN COMPROMISED AND IT COULD HAVE A NEGATIVE IMPACT ON THE NEIGHBORHOOD, UM, AS WELL AS THE NEIGHBORS. AND I WASN'T REALLY AWARE OF THE CARPORT THAT HAD BEEN BUILT WHERE THEY PULLED A PERMIT FOR THAT ONE. I BELIEVE THAT'S THE ONE THAT THEY PULLED THE PERMIT FOR, BUT, UM, WE JUST WEREN'T AWARE THAT IT HAD BEEN BUILT AT THAT TIME. SO. ALRIGHT, THANK YOU VERY MUCH. THAT'S IT. ANY QUESTIONS? ANY QUESTIONS? NOPE. ALRIGHT, LAST ONE IS, UH, LISA O'BRIENS. HELLO. PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. MY NAME IS LISA O'BRIEN AND I LIVE, I SUBMITTED THE LETTER OF OPPOSITION AND I LIVE NEXT DOOR. UM, JUST INCHES AWAY SO I CAN READ MY LETTER OR WHAT'S THE BEST YOU CAN DO WHATEVER YOU LIKE. OKAY. YOU HAVE THE PODIUM FOR THREE MINUTES. OH, READING MY LETTER. UH, MY NAME IS LISA O'BRIEN. I'M THE OWNER OF ADJACENT PROPERTY AT 1740 SLY. MY WEST PROPERTY LINE IS THE EAST PROPERTY LINE REFERENCED IN THE APPLICANT'S VARIANCE REQUESTS. I'M SUBMITTING THESE COMMENTS AS AN AFFECTED, ADJACENT PROPERTY OWNER. UH, I'M WRITING TO RESPECTFULLY OPPOSE THE REQUESTED VARIANCES. NUMBER ONE, DRAINAGE ISSUES ON THE SHARED PROPERTY LINE OR PROPERTY NOW EXPERIENCES DRAINAGE ISSUES ALONG THE WEST SIDE, WHICH IS THE EXACT AREA IMPACTED BY THE CONSTRUCTION THAT HAS ALREADY TAKEN PLACE. THE ENCLOSED CARPORT HAS BEEN CONSTRUCTED EXTREMELY CLOSE TO THE SHARED PROPERTY PROPERTY LINE, FUNDAMENTALLY ALTERING STORM FLOW, STORM WATER FLOW, AND SURFACE DRAINAGE IN THIS AREA. AS A RESULT, THERE'S NO LONGER A PRACTICAL ABILITY TO GRADE CHANNEL OR MANAGED DRAINAGE BETWEEN THE STRUCTURES. UH, I'M GONNA SKIP AHEAD. FOUNDATION DAMAGE FOLLOWING CONSTRUCTION. I'VE LIVED IN MY HOME FOR EIGHT YEARS AND I'VE NEVER EXPERIENCED ANY FOUNDATION ISSUES UNTIL LAST YEAR WHEN MY NEIGHBOR BEGAN CONSTRUCTION ACTIVITIES ALONG A SHARED PROPERTY LINE. SINCE THAT TIME, I'VE HAD TO REPAIR THE FOUNDATION DAMAGE TO MY HOME, BOTH INSIDE AND OUTSIDE, TOTALING $8,300. ATTACHED ARE THE PICTURES OF THE DAMAGE DONE IN MY LIVING ROOM FROM THAT REPAIR JOB. SO THAT INCLUDES A BUCKLING WALL AND A CAVED IN CEILING. AND THEN ADDITIONAL CRACKS, NOT PICTURED, NOT PICTURED, ARE THE 10 NEW PIERS AND SKIRTING. I ALSO REPLACED. I'VE ALSO ATTACHED PICTURES OF THE NEW DAMAGE THAT IS SURFACED IN THE LAST FOUR WEEKS. THESE PICTURES ARE FROM MY DINING ROOM, WHICH ALSO SITS ALONG THE PROPERTY LINE, AND THEY SHOW A NEW WALL STARTING TO BUCKLE. AND THE DRYWALL THAT IS ALREADY SEPARATING FROM THE STUDS ABOVE THE ENTRANCE, NO MAINTENANCE ACCESS. SO THE MINIMAL SETBACK THAT NOW EXISTS LEAVES EFFECTIVELY NO PRACTICAL ACCESS FOR MAINTENANCE OF EITHER STRUCTURE. ALONG THE SHARED PROPERTY LINES, ROOFING, SIDING FOUNDATION OR UTILITY WORK, THIS CREATES A PERMANENT CONDITION THAT DIMINISHES VALUE OF BOTH PROPERTIES. THE OVERHANG CONCERN, SO THE PRO, THE APPROVED DESIGN INCLUDES AN OVERHANG EX EXTENDING TOWARD THE PROPERTY LINE DEPENDING ON THE PRECISION OF THE SERVING STRUCTURE, THIS OVERHANG MAY SHOULD WATER AND DEBRIS DIRECTLY ONTO MY PROPERTY. AND I REQUEST THAT ANY APPROVAL EXPLICITLY PROHIBIT ENCROACHMENT CROSS PROPERTY LINE REQUIRE PROPER GUTTERING AND DRAINAGE MANAGEMENT TO DIRECT WATER AWAY FROM MY PROPERTY AND THEN FIRE FOR LIFE AND SAFETY. SO SIDE SETBACK REQUIREMENTS EXIST IN PART TO MAINTAIN ADEQUATE SEPARATION BETWEEN STRUCTURES OR FIRE CONTAINMENT. THE EXTREMELY LIMITED DISTANCE BETWEEN ENCLOSED STRUCTURE AND ANY AND MY PROPERTY LINE. UH, OKAY, SO ALL THAT TO SAY, MY NEIGHBOR NEVER HAD A CONVERSATION WITH ME. WE HAD ONE CONVERSATION ABOUT ONE GUTTER MONTHS AGO, BUT NOT ANY OF THESE PROJECTS. SO BEFORE IT WAS COVERED, BUT THERE IS NO WALL HERE. UM, THE WALL WAS CONSTRUCTED MAYBE A YEAR OR SO AGO, AND EVER SINCE THEN I'VE HAD DRAINAGE ISSUES AND I'M TOLD THAT BECAUSE I HAD THREE BIDS FOR THE FOUNDATION WORK I HAD DONE, AND THEY TOLD ME THAT MY WATER, THAT THE WATER WAS COLLECTING WHERE AGAIN, SIX, SEVEN YEARS BEFORE THAT PREVIOUSLY I NEVER HAD THAT PROBLEM. SO, UM, YEAH, SO ALSO JUST TO SAY THE LARGE FAMILY LIVES THERE, IT'S NOT JUST HER AND HER HUSBAND, THEY DON'T HAVE A CAR THERE, THEY HAVE STUFF IN THERE. SO ALSO IT'S A FIRE HAZARD. WE'VE HAD A FIRE ON OUR STREET BEFORE, SO MY NEIGHBORS ARE WELL, YOUR, YOUR TIME'S UP. BUT I, I DO HAVE SOME QUESTIONS FOR YOU. OKAY. SO HOW DOES THE WATER DRAIN, UH, AT, AT YOUR LOT, YOUR NEIGHBOR'S LOT? DOES IT GO PREDOMINANTLY TO THE FRONT OR IS IT PREDOMINANTLY TO THE ALLEY? UM, IT GOES TOWARDS THE FRONT YARD. OKAY. AND THEN IS YOUR HOUSE THREE IS THREE FEET OFF OF THE SIDE PROPERTY LINE, SOMETHING LIKE THAT? IT'S, IT'S SHORT. OKAY. ANY QUESTIONS FOR THE SPEAKER? ADDITIONAL QUESTIONS? STEVENS, COMMISSIONER STEVENS, WHAT DO YOU THINK IS THE MINIMUM SPACE? WAS THIS THREE FEET ENOUGH OR? WELL, I MEAN, DOES I BELIEVE THE PAPERWORK SAYS FIVE FEET? UM, I DON'T EVEN THINK IT'S THAT, [02:00:02] LIKE WHEN I THINK OF DOING THIS TO MY NEIGHBOR ON THE OTHER SIDE, BECAUSE BASICALLY THAT'S WHERE MY DRIVEWAY IS IN MY CARPORT. IF I WERE TO JUST PUT STUFF THERE, I MEAN SHE WOULD BE ANNOYED AND THEN I ENDED UP ENCLOSING IT, WHICH IS JUST WHAT HAPPENED HERE. AND SHE AND I HAVE A GOOD RELATIONSHIP. I MEAN, SHE'D SEE THE PANTS OFF ME. NOBODY WANTS THAT RIGHT NEXT TO THEIR HOUSE, YOU KNOW, LIKE IT SHOULD BE A REGULAR DRIVEWAY. AND THEN THEIR GARAGE SHOULD BE AT, IN DETACHED IN THE BACKYARD THE WAY THE REST OF THE HOMES ARE IN THE NEIGHBORHOOD. OKAY. SO, SO WHAT WE HAVE THE ABILITY TO APPROVE ONE INCH OR ANYTHING UP TO THE REQUIRED FIVE FOOT SETBACK. IS THERE A MINIMUM SOMEWHERE BETWEEN ONE INCH AND FIVE FEET THAT YOU WOULD BE SATISFIED WITH IS THE ABUTTING NEIGHBOR? POSSIBLY. I MEAN, I'M NOT PREPARED TO MAKE THAT ANSWER TODAY. MAYBE IT'S EQUIDISTANCE THAT YOUR HOUSE SITS FROM THE PROPERTY LINE. SO MY PROPERTY LINE WOULD BE ON THE FENCE. I DON'T KNOW. I I DON'T HAVE ENOUGH INFORMATION TO SAY YES OR NO. FAIR ENOUGH. THANKS. ALL RIGHT. THANK YOU VERY MUCH. UH, BONNI REAL QUICK FOR THE, UM, YES COMMISSIONER, IF IT WAS JUST A REGULAR CARPORT, NO ENCLOSED SIDES, WOULD YOU FEEL MORE COMFORTABLE WITH IT? YES. I WOULDN'T LIKE IT, BUT YES. ALL RIGHT. MANA COMMISSIONER MANNA. SO, UM, ONCE A, ONCE A STRUCTURE IS, IS LESS THAN FIVE FOOT, UH, FROM ANOTHER STRUCTURE, THEN IT STARTS TO REQUIRE FIRE RATING. AND SO THAT'S WE'LL SAY A MINIMUM DISTANCE THAT YOU KNOW, THAT I LIKE TO SEE WHEN IT IS THAT WE'RE TALKING ABOUT A, A ABUTTING PROPERTIES. AND I KNOW THERE'S BEEN DIALOGUE WITH REGARDS TO FIRE, FIRE RATING AND FIRE, YOU KNOW, FIRE SERVANTS. AND SO, SO IF WE ASSUME THAT YOURS IS THREE FOOT FROM, UM, THAT SIDE, THEN TWO FOOT WOULD MOVE, WOULD GIVE US THAT FIVE FOOT, YOU KNOW, SO I'M JUST TRYING TO WORK THROUGH FOR A NUMBER FOR THAT SIDING. SO IT'S, WOULD, WOULD THAT BE SOMETHING THAT WOULD MAKE YOU MORE COMFORTABLE IF IT WAS MOVED TWO FEET IN, UH, WITH REGARDS TO TWO FEET IN ON THEIR SIDE? YES. YES. YEAH. OKAY. SO, OKAY. OKAY. IF THERE'S NO OTHER QUESTIONS, HAVE THE APPLICANT COME BACK FORWARD, BUT ALSO I'LL CAVEAT, I WOULD LIKE TO HAVE AN EXPERT COME AND CONFIRM THAT THAT WOULD BE A SMART DECISION. OKAY. OKAY. ALL RIGHT. THANK YOU. THANK YOU. SO THE APPLICANT COME BACK FORWARD, SO, SO YOU'VE HEARD, YOU'VE HEARD COMMENTS FROM YOUR NEIGHBORS. UH, WOULD YOU LIKE TO MAKE A REBUTTAL? I'M SORRY. NO, SHE SAYS SHE'S WILLING TO DO WHATEVER IT TAKES TO, TO MAKE THINGS RIGHT. UH, AND, UH, SHE'LL WAIVE YOUR DECISION. OH, SHE WAS JUST DOING IT FOR HER CONVENIENCE BECAUSE SHE'S GETTING SURGERY AND SHE HAS A PROBLEM WITH VISION AND SHE WANTS TO BE ABLE TO GO IN THE BACK DOOR FROM HER CAR. OKAY, THANK YOU VERY MUCH. BEES COMMISSIONER BEES. I HAVE A QUESTION. WHO, WHO DID THIS WORK? DID YOU HIRE A CONTRACTOR? THEY DID IT THEMSELVES. OKAY. MANNA COMMISSIONER MANNA. SO, SO JUST A GENERAL QUESTION, YO, WE TALK A LOT ABOUT SAFETY AND SO WHEN I LOOK AT THE STRUCTURE, LET'S ASSUME SOMETHING HORRIBLE HAPPENS AND THE FRONT OF THE HOUSE IS ON FIRE AND YOU HAVE TO FLEE THROUGH THE BACK DOOR. ARE YOU ENCLOSED A HUNDRED PERCENT IN YOUR BACKYARD? WELL, YOU WILL NOT BE ABLE TO GET OUT OR HOW DO YOU ESCAPE? SHOULD IT BE THAT THE FRONT OF THE HOUSE HAPPENS TO BE ON FIRE? HE HAS AN, SHE HAS AN EXIT BY THE ALLEY. I THINK THAT WOULD BE, UM, AT THE FAR END OF THE PHOTO HERE, AT THE FAR END WHERE THAT PITCHED ROOF IS, THERE IS A SMALL SPACE THERE. THERE'S ALSO A, A SMALL GATE NEXT TO THAT POLE THAT'S ABOUT 18 INCHES WIDE. [02:05:01] SHE CAN SEE THE GATE. THIS GARAGE IS RIGHT ALREADY HERE WHEN I BOUGHT THE HOUSE. OKAY. DO YOU HAVE A POINTER? YOU CAN, UH, POINT I YEAH, LET US KNOW WHERE, WHERE THE, WHERE THE EXIT IS. THERE'S A DOOR THERE. SHE SAYS THERE'S A GATE THERE. OKAY. ALL RIGHT. ANY OTHER QUESTIONS? ALL RIGHT, THANK YOU VERY MUCH. WE'RE GONNA LOOK FOR YES. WAS THERE ANOTHER QUESTION? OKAY, I'M REAL QUICK. BON, SORRY. YES, COMMISSIONER, I WAS JUST LOOKING AT SOME OLD PHOTOS HERE. UM, FOR THE APPLICANT, THE, THE GARAGE THERE, DID THEY ADD, UH, CONCRETE OR A FOUNDATION MORE OUT TO THE SIDE? IT'S, IT'S METAL. YEAH. AND THERE'S CEMENT ON IT. OKAY, SO IT'S ONE BIG SLAB. IS IT JUST ONE BIG CONCRETE SLAB THERE? YEAH, IT'S A SLAB. OKAY. AND METAL ON TOP. YEAH. CEMENT THE METAL ROOF, RIGHT? ALUMINUM? YEAH. YES. COMMISSIONER MANNA, CAN YOU COME BACK UP FOR A SECOND HERE? 'CAUSE 'CAUSE IT WAS, UH, SHE WAS POINTING TO THE SIDE PROPERTY THERE AND SO, SO IS THAT YOUR FENCE THAT'D GOING THROUGH IF Y'ALL COULD OR DOES SHE HAVE A FENCE? DOES SHE ACTUALLY HAVE AN OPENING THERE THAT SHE COULD LEVERAGE? YEAH, WHY DON'T Y'ALL, UH, IF, IF Y'ALL COULD, UH, TAKE A STEP OVER A LITTLE BIT, UH, AND IF YOU COULD STATE YOUR NAME AND, AND YOU HAVE A, SO, SO THERE THE LOWER CORNER OF THE, OF THE RIGHT HAND PICTURE, UM, AT THE LOWER CORNER IS WHERE IT IS THAT SHE INDICATED THAT SHE HAD A GATE TO ESCAPE. SHOULD, SHOULD THE FRONT OF STRUCTURE, IS THAT YOUR PROPERTY OR IS THAT HER PROPERTY? THERE? IT'S HER PROPERTY. AND SO THERE IS A GATE THERE THAT SHE CAN ESCAPE THROUGH. UH, YEAH, IT'S, IT'S REALLY, IT'S REALLY ODD. IT'S A VERY NARROW LITTLE ALLEY. THERE'S A DOOR. AND CAN YOU STATE YOUR NAME PLEASE? LISA O'BRIEN. THANK YOU. SO THERE'S A DOOR FROM THE BACKYARD THAT GOES INTO THIS LITTLE ALLEY AND THAT IS IN BETWEEN MY HOU MY PROPERTY AND HER PROPERTY. LIKE IT'S LENGTHWISE NORTH TO SOUTH. AND THEN THAT WILL TAKE YOU TO ANOTHER GATE THAT GIVES YOU ACCESS TO THE BIG ALLEY. SO, SO, SO A THREE FOOT BY THREE FOOT PATH TO THAT DOOR ON, ON THEIR PROPERTY, MAYBE LIKE THREE BY SIX. OKAY. I JUST, SO THREE FOOT IS, YOU KNOW, OSHA KIND OF, YOU KNOW, FOR SAFETY REQUIREMENTS. I, I JUST WANNA MAKE SURE THAT WE'RE, WE'RE BEING SAFE HERE, SO, OKAY. ALRIGHT. YEAH. OKAY. THANK YOU. SHE DOES, SHE DOES HAVE THE, THAT. OKAY. THANK YOU. I JUST WANNA MAKE SURE. OKAY. THANK YOU. IS THERE ANY OTHER QUESTIONS? OKAY, THANK YOU. I'M LOOKING FOR A MOTION IF, UH, I'LL READ THE MOTION IF NO ONE WANTS TO, UH, DO WE WANNA TALK ABOUT WHAT'S, WHAT THE BOARD IS? I MEAN, I'M, I'LL JUST PUT THIS OUT THERE WHEN I SEE THIS CASE, I COULD NOT GET BEHIND A, AN ENCLOSED CAR REPORT ANY, ANY CLOSER TO THREE FEET UNDER ANY CIRCUMSTANCES. IF IT WAS AN OPEN CARPORT, I'D GO DOWN TO FOOT, TWO FEET ALONG THE REAR. I WILL NOT BE IN SUPPORT OF ANYTHING THAT GETS A STRUCTURE CLOSER TO 10 FEET TO THE ALLEY LINE DUE TO THE OVERHEAD POLE AND THE PRIMARY ELECTRIC THAT'S RUNNING RIGHT ON THE PROPERTY LINE. I CAN'T GET BEHIND ANYTHING LESS THAN 10 FEET. UM, ON THE SIDE, UH, IN THE REAR. IF IT'S IN LINE WITH THE CURRENT HOME, I DON'T MIND THREE FEET. 'CAUSE THERE'S A, THERE'S A PROVISION ABOUT, ABOUT, UH, YOU KNOW, HOMES THAT, WHERE YOU'RE EXTENDING IN THE, IN THE COMMON LINE. I COULD GET BEHIND THAT, BUT THAT'S WHERE, THAT'S WHERE I SIT ON THIS. ANYONE ELSE LIKE TO CHIME? CHIME IN. STEVENS CONSIDERING THE OLD NEIGHBORHOOD, I'M, I THINK THREE FEET GOING DOWN TO THREE FEET IS, UM, ADEQUATE ON THE SIDES. AND I'M, I'M ALIGNED WITH YOU AT 10 FOOT ON THE REAR, EVEN CONSIDERING THE, THE ALLEY. ANYONE ELSE LIKE TO ADD? I CONCUR. ALRIGHT. CHAIR. IS IT, IS IT 10 FOOT OFF THE POLE, LIKE SQUARE? WELL, IT LOOKS LIKE THE POLE IS ACTUALLY, THE CIRCULAR PART OF THE, OF THE POLE IS, IS AGAINST THE, THE THEORETICAL PROPERTY. I THINK THAT WAS THE ANTENNA OF CPS. SO I'M LOOKING FOR FOR 10. THAT WOULD MEAN THAT IF THAT IS THE CASE, WHICH IT LOOKS LIKE IT IS, I WOULD, I WOULD NEED 10 FEET, NO CLOSER THAN 10 FEET. CAN YOU, I, I DON'T UNDERSTAND. SO THAT, THAT WOULD BE FROM THE BUILDING WOULD BE CUT BACK 10 FEET FROM THE POLE? YEAH, THE POLE IS, THE CPS IS NOT GONNA PUT THE POLE ON SOMEONE'S PRIVATE PROPERTY. [02:10:01] SO THE EDGE OF THAT POLE IS ON THE PROPERTY LINE. AND SO 10 FEET BEYOND THAT, THEY NEED 10 FEET ON EITHER SIDE OF THE POLE FROM PRIMARY ELECTRIC. SO THAT'S, THAT'S WHY I COULDN'T, SO THAT ONE I HAD A QUESTION. 'CAUSE JUST LOOKING DOWN THAT EYE LINE, YOU KNOW, THERE'S STRUCTURES THAT ARE EQUAL DISTANCE ALL THE WAY DOWN. AND SO IT'S LIKE THAT WHOLE COMMUNITY BUILT IT ON THAT LINE. SO SOMEBODY NEEDS TO TERRY. SO YOU'RE SUGGESTING THAT WE GO DOWN THAT WHOLE LINE THEN AND, AND ADJUST THE WHOLE LINE FOR SAFETY SAKE? IS THAT WHAT YOU'RE STATING? NOW THAT THE CPS CAN PUT THE POLE THERE, BUT CPS WILL, IN THESE OLDER NEIGHBORHOODS, THEY'RE RELYING ON THE ADHERENCE TO SETBACKS. EVEN THOUGH THEY DON'T HAVE AN EASEMENT OR AN OVERHANG EASEMENT. THERE'S A RELIANCE ON SETBACKS TO ENSURE COMPLIANCE WITH THE ELECTRIC CODE. AND I WILL SAY ALSO JUST YOU CAN SEE THAT SHED ROOF WHERE IT, OR YOU HAVE IT THE FLAT AND THEN IT GOES TO THE SHED SECTION. THAT IS THE ORIGINAL. IT LOOKS LIKE THE ORIGINAL ACCESSORY UNIT, WHEN YOU ARE DETACHED FROM THE, THE MAIN STRUCTURE, YOUR REAR SETBACK IS ONLY FIVE FEET. YEAH. AND WITH THAT ALLEY THEY CAN UP YOU, THEY CAN USE UP TO HALF OF THAT. SO THAT MEANS THAT IF THEY WERE JUST TO DO AN ACCESSORY STRUCTURE BACK THERE, THEY COULD TECHNICALLY GO TO THEIR REAR PROPERTY LINE. BUT I MEANT, AND IF YOU GO TO THAT ONE GRAPHIC WHERE YOU HAD THE THREE DIFFERENT ITEMS, YOU CAN SEE IT WAS ORIGINALLY THERE FROM LIKE 2000. YEAH. SO THAT'S, THAT WAS KIND OF THE INTENT, NOT OBVIOUSLY TAKING THE ENTIRE REAR PROPERTY LINE. SO IF, IF WE LAND ON A 10 FOOT REAR SETBACK, WOULD THEY ONLY BE REQUIRED TO, TO MEET FIVE FEET OF THAT 10? WELL, BECAUSE IT'S ATTACHED, THEY'VE ET ATTACHED IT TO THE MAIN DWELLING UNIT. IT INSTANTLY GOES INTO THE MAIN DWELLING SETBACKS, WHICH IS 20 FOOT REAR. BUT IF THEY WERE TO DETACH IT, YOU'D, BUT IF WE'RE STILL, IF WE'RE APPROVING A VARIANCE FOR 10 FEET, A VARIANCE FROM 20 FEET DOWN TO 10 FEET, IN REALITY, WOULD THEY ONLY HAVE TO HONOR FIVE FEET? NO, THEY, THEY CAN'T KIND OF GO ON TOP OF WHAT YOU GUYS APPROVE AND USE THE ALLEY. SO YEAH, THAT'S WHY, THAT'S WHY THE, THE MOTION WOULD HAVE TO BE READ AND THIS IS THE VARIANCE. THIS IS HOW CLOSE THE STRUCTURE COULD GET SO THAT THERE'S NO CONFUSION, UH, FOR THAT. AND, AND MANA SO WITH REGARDS TO IF IT, IF IT WAS READ AS WAS OR AS AS BEING SUGGESTED, UM, AND THE APPLICANT WOULD HAVE TWO OPTIONS. ONE, TO MOVE THE WHOLE STRUCTURE BACK 'CAUSE IT IS ATTACHED OR COME BACK AND DETACH IT. CORRECT. AND THEN AT THAT POINT IT WOULD BE THEN COMPLIANT. YEAH. THEY COULD TECHNICALLY DETACH IT, BUT THEN THEY'D HAVE THOSE ACCESSORY STRUCTURE, UH, SQUARE FOOTAGE ITEMS THAT THEY WOULD HAVE TO COMPLY WITH. YEP. OKAY. THERE'S, UM, BON REAL QUICK, UM, YES, IT SOUNDS LIKE THERE'S A FEW DIFFERENT OPTIONS WE COULD PRESENT, UM, TO MAKE THIS WORK. I THINK IF WE COULD HAVE THE APPLICANT COME BACK UP, MAYBE WE COULD PRE PRESENT SOME OF THESE TO HER AND SEE WHICH ONE IS ACTUALLY FEASIBLE. 'CAUSE I KNOW CHAIR YOU HAD SAID MAYBE DOING SOMETHING WITH THE ENCLOSED, UH, WITH THE CARPORT BEING ENCLOSED, YOU'D BE OKAY WITH THREE FEET IF IT WERE OPEN, YOU'D BE OKAY WITH IT AT ONE FOOT. YEAH. UM, SO I DUNNO, EITHER WAY THIS SOUNDS LIKE IT'S ALSO A COSTLY PROJECT, WHICH WHICHEVER WAY THE IT'S GONNA BE DONE, IT'S GONNA BE COSTLY FOR THE HOMEOWNER. UM, I, I THINK, YOU KNOW, THERE ARE A FEW DIFFERENT OPTIONS WE COULD CHOOSE, BUT WHICH ONE'S GONNA WORK BEST FOR HER, HER FINANCES, UM, BECAUSE, AND THEN ALSO TO PROTECT THE NEIGHBORS, YOU KNOW, I, I THINK EV , YEP. YEP. VIN GOING BACK TO THE CARPORT GARAGE. UM, I THINK THAT FOR MYSELF, I, I THINK IT NEEDS TO BE REOPENED AS A CARPORT, BUT ALSO A, IT LOOKS LIKE I, THE ORIGINAL MAYBE WAS ONE FOOT AWAY FROM THE PROPERTY LINE. AND IF WE'RE ASK GOING TO SEE ABOUT, SEE, I WOULDN'T VOTE FOR GIVING THEM THIS VARIANCE. I THINK IT'S, IT'S NOT VERY SAFE. I DON'T THINK THE MATERIALS THAT THEY USE OR UP TO CODE EITHER. UH, BUT OPENING IT UP BACK INTO A CARPORT AND HAVING THE ROOF LINE BE TWO FEET AWAY BECAUSE IT'S SO CLOSE TO THAT, TO THE NEIGHBOR'S HOUSE. SO LET ME ASK A QUESTION TO STAFF. CAN THE MOTION ON THAT ITEM, ITEM ONE BE READ TO INCLUDE ENCLOSED OR NOT ENCLOSED SO THAT BOTH CONDITIONS ARE PRESENT IN THE VARIANCE? IS THAT POSSIBLE? I BELIEVE THE APPLICANT WOULD HAVE TO, UH, NO, BUT COULD WE READ IT? COULD WE SAY A VARIANCE FOR THIS OR THIS AND THEN LET THEM JUST PICK MOVING FORWARD? YEAH, I BELIEVE THAT'S CORRECT. IS THAT A I'M SORRY. IS THAT A YES, . SO REAL QUICK, UH, [02:15:01] CHAIR, ARE YOU ASKING IF IF WE COULD SAY, UH, THREE FOOT ENCLOSED OR ONE FOOT OPEN? YES. THAT'S WHAT I'M SAYING. OKAY. MANNA? YES. COMMISSIONER MANNA OR THAT WE LEAVE IT THREE FOOT REGARDLESS, YOU KNOW, AND 'CAUSE PERSONALLY, YOU KNOW, WELL THERE'S 11 OF US, SO NINE OF US HAS GOTTA AGREE. SO IF, IF ANYBODY WOULD LIKE TO FIRST, IS THAT POSSIBLE TO DO? COULD SUCH A VARIANCE, COULD A MOTION BE READ FOR ITEM ONE TO DO SUCH A THING? IF AS LONG AS IT'S VERY CLEAR. UM, YOU KNOW, AND, AND THE APPLICANT WOULD HAVE TO UNDERSTAND THAT, THAT, THAT YOU'RE, THEY'RE NOT BEING ALLOWED BOTH, YOU KNOW, AND THEY HAVE TO PICK ONE, BASICALLY. OKAY. SO WITH THAT, UH, WE GOTTA START SOMEWHERE, RIGHT? UH, SO BACK TO THAT, WITH THAT POINT FOR THE REAR SETBACK, COULD WE ALSO DO THE SAME THING WHERE WE GIVE THEM A END OR, OR EITHER OR WHERE THEY, WELL, THAT ONE'S DIFFERENT BECAUSE THE MO THE MOMENT THEY SEVER IT, THEY DON'T NEED THAT ANYMORE. SO IF WE, IF WE SAY 10 FEET, THEN IT'S 10 FEET. BUT IF THEY WANT TO SEVER AND MAKE IT AN ACCESSORY USE, THEN THAT IT BECOMES MOOT. IT, IT, THAT DOESN'T HAVE TO BE INCLUDED BECAUSE IT AUTOMATICALLY GOES TO ZERO IF THEY KEEP IT, IF THEY, IF THEY MAKE IT AN ACCESSORY BY SEVERING IT FROM THE MAIN HOUSE. GOTCHA. OKAY. YEP. SO, SO WHAT WHAT I'D LIKE TO DO IS I'M GOING TO READ A VARIANT AND WE'RE GONNA SEE WHAT PEOPLE THINK ABOUT IT. IT, AND I'LL BE OPEN TO ADJUSTMENTS. SO BE READY TO MAKE ANY. SO REGARDING CASE NUMBER BO A DASH 26 DASH 1 0 3 0 0 0 3 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A TWO FOOT VARIANCE FROM THE MINIMUM RE I'M SORRY, A ONE FOOT VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SETBACK TO ALLOW A CARPORT TO BE ONE FOOT FROM THE EAST PROPERTY LINE, OR A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW AN ENCLOSED CARPORT STRUCTURE TO BE THREE FEET FROM THE EAST PROPERTY. LINE ITEM NUMBER TWO, A TWO FOOT VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A THREE FOOT SIDE SETBACK FROM THE EAST AND WEST SIDE PROPERTY LINE TO INCLUDE A ONE FOOT OVERHANG FOR ANY STRUCTURE NOT INCLUDED IN ITEM ONE. ITEM NUMBER THREE, A 10 FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK, WHICH INCLUDES ANY ADJUSTMENTS DUE TO THE REAR ALLEY SITUATED AT 1734 SLE AVENUE. APPLICANT BEING PETRA JAQUEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, 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. THE EXISTING SETBACKS PROVIDE ADEQUATE SPACE TO MITIGATE THE RISK OF FIRE SPREAD TO ADJACENT PROPERTIES, WHICH SERVES THE PUBLIC INTEREST. SUCH DISTANCES FROM PROPERTY LINES ALSO PROVIDE ADEQUATE ROOM FOR AIRFLOW AND ACCESS TO LIGHT BETWEEN PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD REQUIRE THE PRIMARY STRUCTURE ADDITION TO BE CHANGED TO ADHERE TO THE CITY'S REQUIRE DEVELOPMENT STANDARDS FOR RESIDENTIAL PROPERTIES, WHICH WOULD PROVE DIFFICULT AS THE ADDITIONS HAVE ALREADY BEEN DEVELOPED. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THE REDUCED SETBACK VARIANCES WILL STILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THESE STRUCTURES WILL STILL MAINTAIN ADEQUATE DISTANCE FROM THE SIDE OF REAR PROPERTY LINES TO MITIGATE VIA RISK FOUR THE VARIANCE AND AUTHORIZE THE OPERATION. OTHER 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 SHALL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY ENSURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. ALLOWING THE PROPOSED SETBACKS WOULD NOT SIGNIFICANTLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, NOR WOULD IT PROVIDE A STANDARD FOR OTHER SINGLE FAMILY RESIDENTIAL RESIDENTIAL DISTRICT YET TO BE DEVELOPED OR IMPROVED UPON IN COMPLIANCE WITH UDC REGULATIONS. SIX SUPPLI TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES NOT CREATED BY THE OWNER OF THE PROPERTY 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 OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AS THERE WOULD BE INADEQUATE SPACE [02:20:01] TO CONSTRUCT AN ENCLOSED CARPORT ON PRIMARY STRUCTURE, ADDITIONS TO THE OWNER'S DESIRE AND STILL ADHERE TO THE CURRENT SETBACK REQUIREMENTS AND OF MOTION. SECOND. ALL RIGHT, WE SECOND BY AND REAL QUICK. UM, YES. CAN WE STRIKE THE SECOND? UH, WHEN YOU SAID THE ENCLOSED CARPORT AT THAT POINT, IT'S JUST AN ENCLOSURE. CAN WE JUST STRIKE THE WORD CARPORT? YES, A SECOND. THANK YOU. ALL RIGHT. SO I AM GOING TO SUPPORT IT AS READ, UM, BECAUSE I DIDN'T HAVE A PROBLEM WITH THE WAY I READ IT. SO I'M LOOKING FOR ANYONE TO PROVI OFFER ANY SUGGESTIONS, UH, OR ALTERATIONS. COMMISSIONER STEVEN? I, I DID SECOND IT, BUT, AND I DON'T WANNA MUDDY THE WATERS, BUT AS I'M THINKING ABOUT THIS, I WOULD BE WILLING TO GO DOWN TO A FIVE FOOT SETBACK AT THE REAR BECAUSE I THINK CONSIDERING, UH, ALONG THAT ALLEY, THERE ARE A LOT OF WHAT APPEAR TO BE ORIGINAL OR VERY OLD STRUCTURES THAT ARE AGAINST THE ALLEY. IF WE GIVE FIVE FEET, THAT ALLOWS ACCESS FOR MAINTENANCE ON THE REAR. AND I THINK FIRE RISK IS MITIGATED AT THE REAR. SO I'M JUST THROWING THAT OUT THERE. OKAY. UM, I'M LOOKING FOR, I I WILL ACCEPT THAT IF SOMEONE ELSE ON THE COMMISSION WOULD GIVE ME A THUMBS UP ON THAT. ALRIGHT. SO I DULY ACCEPT THAT. AND SO THE MOTION CHANGED TO REDUCE THE FIVE FEET. SO, UM, SO JUST WANNA MAKE SURE, SO ON THE CURRENT DIALOGUE FOR THE CARPORT OR GARAGE, BECAUSE THERE IS CURRENTLY A GUTTER ON THE CURRENT STRUCTURE THAT THAT REQUIREMENT REMAINS IN PLACE. YES. REGARDLESS OF WHAT STRUCTURE GETS PUT IN PLACE. ITEM ONE. SO THAT BOTH ELEMENTS INCORPORATE THE EXISTING GUTTER THAT THE APPLICANT DID CONSTRUCT AS, SO IT'S PART OF THE APPLICATION CHAIR? YES. COMMISSIONER IVANEZ. UM, CAN YOU, CAN YOU EXPLAIN, UM, NUMBER TWO, A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SET BACK? SURE. TO AND, AND WHERE IS THAT, THAT WE'RE SAYING THAT? SO IF YOU LOOK AT THE AERIAL, UM, IT'S PREDOMINANTLY MEANT TO, FOR THE NEW U PART, WHICH IS ACTUALLY LIKE A LETTER J UH, SO THAT, THAT IS EXISTING CLOSE, WAY CLOSER THAN ALLOWED TO THE SIDE. AND SO I WAS MY, I READ THE MOTION TO READ THAT IT WOULD NOT GET ANY CLOSER THAN THREE FEET, WHICH WOULD BE IN LINE WITH THE EXISTING STRUCTURE, WHICH IS SOMETHING THIS BOARD HAS HISTORICALLY SUPPORTED. SO, SO THE OWNER WOULD NOT NEED TO, UM, RECONSTRUCT ANY OF THAT SITE? WELL THE, THE, RIGHT NOW THE CURRENT STRUCTURE IS LISTED AS AN INCH AWAY FROM THE SITE. IT'S RIGHT ON THE PROPERTY LINE. SO THEY WOULD HAVE TO DO SOMETHING THEY, UH, ON THAT, THAT PORTION THERE. RIGHT. SO THEY THEY WILL HAVE TO HAVE SOME FINANCIAL OH YES. RESPONSIBILITY TO MOVE THAT. CORRECT. ANYONE ELSE LIKE TO OFFER ANY SUGGESTIONS? I'M SORRY, I DIDN'T UNDERSTAND THE QUESTION THAT WAS BEING ASKED. OR, AND OR MAYBE THE RESPONSE, SHE WAS LOOKING FOR A CLARIFICATION OF WHERE EXACTLY THE SIDE SETBACK WAS ON ITEM NUMBER TWO WAS, SO, SO THE J PORTION OF THE PROPERTY, THE SIDES OF THE J. SO, AND, AND SO THERE WAS A QUESTION, YOU KNOW, 'CAUSE LET'S TALK ABOUT A FOOT, BUT AGAIN, WE HAD THE BACK CORNER GATE AND SO, SO IS IT THREE FOOT? AND SO YOU, SO, SO WELL GATES ARE GATES. THEY I KNOW, BUT IT'S, SO YOU'RE, YOU'RE REFERENCING THE FOREFOOT VARIANCE THAT WAS JUST FOR THE CARPORT, IF IT'S AN OPEN CARPORT, IS THAT CORRECT? YEAH. YEAH. SO. OKAY. ALRIGHT. ALL RIGHT. IF THERE'S NOTHING ELSE, I THINK WE, I, UH, WE'RE, WE'RE PAST THAT AT THIS POINT. UH, SO IF THERE'S NOTHING ELSE, LET'S, UM, HAVE A ROLL CALL. VOTE CHAIR. ORION? YES. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER REED. OH MAN. YES, I CONCUR. COMMISSIONER ENESS. I DO NOT CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER CRUZ? I CONCUR. COMMISSIONER MANO. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? NO, I DO NOT CONCUR. COMMISSIONER BOEZ? YES, I CONCUR. COMMISSIONER VASQUEZ? I DO NOT CONCUR. ALL RIGHT. SO THE, THE, THE VOTE WAS SEVEN TO FOUR AGAINST, DOES ANYONE ON THE PREVAILING SIDE LIKE TO OFFER ANY ALTERNATIVE? CAN YOU BRING UP THE HISTORICAL PICTURE AGAIN, PLEASE? I KNOW WHAT, YES. I THINK WE NEED TO VOTE INDIVIDUALLY ON THESE. OKAY. UH, BECAUSE [02:25:03] I'M OKAY WITH NUMBER ONE. I'M NOT OKAY WITH NUMBER TWO. OKAY, WELL THEN LET'S, LET'S GET THIS STARTED. I'M NOT SURE WHERE I AM WITH NUMBER THREE, . SO LET'S GET THIS STARTED. I'M GONNA, I'M REREADING THE MOTION EXACTLY AS I READ BEFORE REGARDING ITEM ONE, NO CHANGES. AND IF, SINCE, IF THERE'S NO DISCUSSION, LET'S JUST GO STRAIGHT TO ROLL CALL VOTE ON THAT ONE. WAIT CHAIR. WAS THERE A MOTION TO RECONSIDER OR, OH, YOU MOTION TO RECONSIDER? UH, MOTION TO RECONSIDER BY COMMISSIONER MANNA. SECOND. SECOND. SECOND BY COMMISSIONER STEVENS. I HOPE Y'ALL ARE WRITING ALL THIS DOWN. I'M RUNNING OUT OF ROOM ON MY PAPER. SO, , WHO, WHO MADE THE MOTION? UH, COMMISSIONER MANNA. SO IS, UH, ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NOT. SO THERE'S A MOTION TO RECONSIDER. I MOVE, UH, TO RESTATE THE MOTION SOLELY FOR ITEM NUMBER ONE AS EXACTLY AS PREVIOUSLY STATED, BUT ONLY FOR ITEM ONE. SO WITH THAT, LET'S HAVE A ROLL CALL. VOTE CHAIR ORIAN. YES. COMMISSIONER STEVENS. YES. COMMISSIONER REED? YES. COMMISSIONER E BONIS? YES. COMMISSIONER DEAN? YES. I CONCUR. COMMISSIONER CRUZ? YES. COMMISSIONER MENA. I CONCUR THE FINDINGS OF FACT. COMMISSIONER BREGMAN? YES. COMMISSIONER BENAVIDEZ? YES. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ? YES. ALRIGHT. MOTION PASSES UNANIMOUSLY. MOVING ON TO NUMBER TWO. UM, COMMISSIONER, UH, IVANEZ, IS THERE ANYTHING THAT YOU'D LIKE TO OFFER? I JUST THINK THAT, UH, WHAT WE'RE ASKING WITH THIS STRUCTURE IS A FINANCIAL HARDSHIP ON THIS FAMILY. OKAY. AND I DON'T KNOW, UH, I MEAN, ANY, ANYTHING THAT WE SAY, WHETHER IT'S TWO FEET, THREE FEET, IS GOING TO REQUIRE THEM TO SPEND A LOT OF MONEY TO COMPLY. RIGHT. MY THOUGHT ON THIS, AND I'LL JUST, THIS IS MY THOUGHT ON THIS, BUT IF YOU HAVE, IF YOU HAVE SOME, IF YOU LOOK AT THE, AN OLDER NEIGHBORHOOD AND YOU SEE HOW IT, HOW IT'S DEVELOPED, IF THERE'S GRASS NEXT TO IT AND I DON'T FEEL LIKE THE NEIGHBORHOOD IS GOING TO PURSUE, THE NEIGHBORS ARE GOING TO PURSUE ADDITIONAL DEVELOPMENT, UH, IN THEIR YARD, I'M MORE PRONE TO FEEL COMFORTABLE WITH SOMETHING A LITTLE BIT LOWER. BUT I, I REALLY DON'T LIKE HABITABLE STRUCTURES UNDER ANY CIRCUMSTANCES. IT'D BE LESS THAN THREE FEET. THAT JUST KIND OF, THAT'S JUST A THING FOR ME BECAUSE THERE'S JUST MAINTENANCE AND FIRE PROTECTION THAT I CAN'T GET BEHIND. UM, IF IT WAS AN SOMETHING WITH A COVER ON IT, LIKE A CARPORT OR A GAZEBO OR, YOU KNOW, SOMETHING THAT WAS MORE OPEN, I'D BE MORE OPEN TO GOING A LITTLE BIT LESS. BUT I JUST, I, I JUST CAN'T GET BEHIND ANYTHING LESS THAN THREE FEET. THAT'S JUST MY PERSONAL THING IS ANYONE ELSE LIKE, TO ADD TO THAT? COMMISSIONER BEUS? I, I, WHILE I, UM, WHILE I SEE, UH, THE COMMISSIONER'S POINT, MY FEELING IS THAT YES, IT'S GONNA BE A BIG FINANCIAL HARDSHIP, BUT THIS WAS INCURRED BY THEM BY THEIR COMPLETE DISREGARD TO THE CITY'S ORDINANCES. THEY DID PATCHWORK ON THIS HOME. UM, AND THEY INCUR, YOU KNOW, ANYTHING THAT THEY INCUR IS ON THEM FOR ME, IF IT WAS MY OPINION, IN MY OPINION, THEY SHOULD TAKE IT ALL DOWN. UM, BUT I KNOW THAT, UM, THAT IS A BIT DRASTIC. BUT I THINK, UM, THE FACT THAT, UM, THIS COMMISSION IS AGREEING TO LET THEM, UM, TO ALLOW THEM TO LEAVE, TO LEAVE IT UP SOMEWHAT, UM, IS, UM, SOMETHING THAT I'M WILLING TO COMPROMISE ON. BUT I, YEAH, I, I, WELL, I SEE THE FINANCIAL ASPECT OF IT, BUT THIS WAS BROUGHT ON BY THEMSELVES. OKAY. AND, AND COMMISSIONER MANNA, AND THIS IS READING THE, OR CLAUSE FOR ONE? CORRECT. IS THAT WHAT YOU'RE SPEAKING TO SPECIFICALLY? JUST ITEM NUMBER TWO ABOUT THE J THE SIDE SETBACK FOR THE J PORTION OF THE, OF THE HABITABLE STRUCTURE. OKAY. IT'S, IT'S JUST REALLY LARGE. IF IT WAS SOMETHING SMALLER, THAT'S ONE THING THAT'S JUST SO LARGE. SO, SO I'M LOOKING FOR A SUGGESTION FOR TWO RIGHT NOW. THE WAY I READ IT BEFORE WAS DOWN TO THREE FEET. IS THERE ANYBODY LIKE TO OFFER ANYTHING ELSE? I I JUST THINK THAT IF WE DO GO DOWN TO TWO FEET, THEY'RE STILL MOVING THAT WALL. SO, YOU KNOW, LIKE THE COST AND I JUST LIKE ONE FOOT IS NOT ENOUGH TO MAINTAIN SOMEONE'S PROPERTY. OKAY. SO IS IS, IS THERE ANYBODY WHO WOULD, [02:30:01] LIKE ANY COMMISSIONERS WHO WOULD LIKE TO SUGGEST OTHER, ANYTHING OTHER THAN THREE FEET? OR WE CAN ATTEMPT TO, TO STATE THAT ONE AGAIN? OKAY. SO I'M, I MOVE TO READ ITEM NUMBER TWO IS BEFORE, ACTUALLY, I'M SORRY, BEFORE WE MOVE ON TO ITEM TWO FOR ITEM ONE, Y'ALL VOTED UNANIMOUSLY. DID WE HAVE A SECOND FOR THAT? RESTATED ITEM ONE? UH, I'LL SECOND THAT. OKAY. AND IF WE WANT, I THOUGHT STEVEN SECONDED THAT FOR THE RESTATED. OKAY. YEAH, VERY MUCH. WE'RE MOVING FAST HERE. I'LL, I'LL KEEP UP. SO I'M, I'M READING ITEM NUMBER TWO AS PREVIOUSLY READ WITH A THREE FOOT SIDE SETBACK ON THE EAST AND WEST SIDE, UH, NON-INCLUSIVE OF, OF ANYTHING, UH, SUBJECT TO ITEM ONE. SO, UH, IS THERE A SECOND FOR THAT? SECOND. SECOND BY COMMISSIONER STEVENS. UM, LET'S HAVE A ROLL CALL THOUGH. CHAIR ORIAN? YES. COMMISSIONER STEVENS? YES. COMMISSIONER REED? YES. COMMISSIONER IBANEZ? NO. COMMISSIONER DEAN? YES. I CONCUR. COMMISSIONER CRUZ? YES. COMMISSIONER MANNA. I CONCUR THE FINDINGS OF FACT. COMMISSIONER BRAGMAN? YES. COMMISSIONER BENAVIDES? NO. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ? YES. ALL RIGHT. THAT PASSES NINE TO TWO. ITEM NUMBER THREE IS REGARDING THE REAR SETBACK. SO WE HEARD, UM, IT WAS READ TO BE FIVE FEET. IS THERE ANYONE WHO WOULD LIKE TO OFFER ANY SUGGESTIONS OR FRIENDLY AMENDMENTS TO THAT? . OKAY. IS THERE, IS EVERYONE, ANYONE OPPOSED TO IT THAT THAT IS LOOKING FOR? UH, SO, SO BECAUSE IF IF WE VOTE ON THIS ONE AGAIN AND IT GOES THROUGH, THEN THAT MEANS THAT WE BASICALLY READ IT AS READ OR INITIALLY CORRECT. AND SO, SO I DIDN'T NECESSARILY NEED THREE OR THE FIVE FOOT, I WAS ACTUALLY GONNA GO LESS. AND, AND SO I DIDN'T MIND IT ACTUALLY BEING LESS THAN FIVE FOOT. AND SO JUST AGAIN, LOOKING AT THE STRUCTURED WAY THIS IS BUILT AND I DON'T KNOW, YOU KNOW, BEING THAT WE JUST DID THREE, UM, ELSEWHERE, YOU KNOW, TO ME THAT THAT WOULD BE CONSISTENT WITH ALL THE WAY AROUND. AND WHEN I LOOKED DOWN THIS ALLEY RIGHT THERE, THAT PICTURE, THAT JUST KIND OF TELLS ME, YOU KNOW, THAT I DON'T, I DON'T NECESSARILY KNOW THAT WE NEED TO PUSH IT BACK THAT FAR, BUT, BUT YOU KNOW, AGAIN, YOU KNOW, YOU CAN EASILY CONVINCE ME, YOU KNOW. YEAH. MY, MY THOUGHT IS IT'S ONE THING TO HAVE LIKE A SMALL SHED OR A SMALL BUILDING, BUT WHEN YOU GO ALL THE WAY ACROSS, IT'S DIFFERENT WHEN YOU STARTBLOCKING STUFF OFF AND THAT'S, THAT'S WHERE I, I, I JUST CAN'T GET BEHIND IT. IF IT WAS LIMITED TO LIKE 50% OF THE, OF THE FRONTAGE OF THE REAR LINE, THEN I COULD GET BEHIND SOMETHING WAY LESS. BUT I CAN'T DO IT IF IT'S SPANNING THE WHOLE END. SO THAT'S JUST WHERE I SIT ON IT. IS THERE ANYONE WHO'D LIKE TO OFFER ANY SUGGESTIONS BEFORE WE MOVE FORWARD ON SOME SORT OF A VOTE CHAIR? YES, COMMISSIONER. SO IF THEY DISCONNECT FROM THE PRIMARY STRUCTURE, THEY'RE ALLOWED BY RIGHT FIVE, THEY'RE ALLOWED BY RIGHT TO GO DOWN TO ZERO BECAUSE OF THE ALLEY CREDIT, BUT THEN THEY'RE ALSO LIMITED ON SQUARE FOOTAGES AND THERE'S OTHER ISSUES THAT THAT TIE IN. SO THEY AH, YEAH, IF THEY, IF THEY MAKE IT AN ACCESSORY STRUCTURE, IT ISN'T GONNA LOOK LIKE THAT. IT'S TOO BIG. IF THEY KEEP IT LIKE THIS IN, IN THE MASS THAT IT IS, UH, IT'S GONNA HAVE TO MOVE BACK. DO, DO WE WANT TO JUST VOTE FOR ONE INCH SETBACK AND SEE WHAT, WHERE WE GET WITH THAT? I MEAN, THE ROOF LINE'S GOTTA GET CUT BACK NO MATTER WHAT, RIGHT? YEAH. THE WALL IS, IS THE PROPERTY LINE, I PRESUME. SO, I MEAN, FROM AN ACCESS AND MAINTENANCE STANDPOINT, I'M OKAY WITH IT. AND IT SEEMS LIKE ALL THESE OTHER HOUSES ARE ON TOP OF THESE POLES. OKAY. BUT IF WE READ IT AS A ONE INCH, IT'S NOT FOR AN ACCESSORY, IT'S FOR A STRUCTURE. SO THAT'S, THAT'S, UH, AND MAN, AND SO, AND ONE THING WE DID DO, WHICH MOVE IN THE SIDES ON BOTH SIDES, AND SO, SO IT'S NOT CONTIGUOUS SPACE NOW. AND SO IT'S, I WAS CONCERNED ABOUT BACK ACCESS AND I STILL WORRY ABOUT THAT. AND SO THAT WAS ALLEVIATED BY THE LAST READING FROM MY PERSPECTIVE. AND SO, SO NOW, YOU KNOW, AND THAT'S WHY I DON'T NECESSARILY KNOW ABOUT THE ONE INCH, BUT CERTAINLY LESS THAN THAT. YOU KNOW, I DON'T NEED THE WHOLE FIVE FOOT, I GUESS. BUT AGAIN, I'M, I'M, I CAN GO EITHER WAY NOW. OKAY. BEN? YES. COMMISSIONER BEN. SO I WOULD, I WOULD PREFER A 10 FOOT, I'M NOT, I WOULD NOT VOTE FOR A ONE INCH. SO I WILL COMPROMISE AND I'LL, I'M OKAY WITH THE FIVE FOOT, BUT NOT A ONE INCH. OKAY. SO I AM GOING TO REREAD ITEM NUMBER THREE, AND I'M GONNA KEEP IT EXACTLY THE SAME AT FIVE FEET. AND, UM, UH, IF, IF SOMEBODY WOULD LIKE TO SEE HOW ONE INCH WOULD DO, I WOULD SAY MAKE A FORMAL AMENDMENT AND WE'LL SEE HOW THE COUNT TURNS OUT. SO, RIGHT. I, I'M READING ITEM NUMBER THREE AS READ ORIGINALLY. IS THERE A SECOND? [02:35:02] SECOND. SECOND. OKAY. SECOND BY COMMISSIONER BRAGMAN, DOES ANYBODY WANT TO EXPLORE A FRIENDLY AMENDMENT DOWN TO ONE INCH? I I WOULD LOVE TO EXPLORE THAT. OKAY, SO WE HAVE A FORMAL AMENDMENT BY COMMISSIONER STEVENS TO GO TO, TO ALTER THE VARIANCE DOWN TO ONE INCH. IS THERE A SECOND FOR THAT? I SECOND. SECOND BY COMMISSIONER BANEZ. SO LET'S HAVE A ROLL CALL VOTE TO SEE HOW THE AMENDMENT GOES. COMMISSIONER STEVENS? YES. COMMISSIONER IBANEZ? YES. COMMISSIONER REED? YES. COMMISSIONER DEAN? NO, I DO NOT CONCUR. COMMISSIONER CRUZ? NO. COMMISSIONER MANNA? YES, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN? NO. COMMISSIONER BENAVIDEZ? NO. COMMISSIONER BONNI? NO. COMMISSIONER VASQUEZ? NO. CHAIR ORIAN AND NO. SO THE MOTION, I MEAN, I THINK WE'RE AT SEVEN TO FOUR ON THAT ONE. SO WE'RE BACK TO THE ORIGINAL MOTION AT FIVE FEET. AND I WILL BE FEEL SAFE TO SAY THAT IF THIS DOESN'T PASS, IT'S JUST NOT GONNA PASS. SO LET'S HAVE A ROLL CALL VOTE ON THE MOTION FOR ITEM THREE DOWN TO A FIVE FOOT SETBACK, KNOWING THAT IF THEY DID SEVER IT AND MAKE AN ACCESSORY USE, IT DOESN'T EVEN MATTER WHAT WE'RE VOTING ON, THEY COULD TAKE IT TO ZERO. SO LET'S HAVE A ROLL CALL, VOTE MANNA, AND ALSO COMMENT, THEY COULD COME BACK TO THE BOARD TO GET A LARGER ACCESSORY STRUCTURE PERMITTED ON THE THING. SO, OKAY. SEVERAL HAVE A ROLL CALL. VOTE PLEASE. CHAIR ORIENT. YES. COMMISSIONER BRAGMAN? YES. COMMISSIONER REED? YES. COMMISSIONER STEVENS? YES. COMMISSIONER IBANEZ? NO. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER CRUZ? YES. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ? YES. OKAY. 10 TO ONE. ALRIGHT, SO THAT PASSES. I'M GONNA NEED SOMEBODY TO THOROUGHLY EXPLAIN THIS TO THE APPLICANT. IF SOMEONE COULD KINDLY, UH, TAKE HER OUTSIDE CHAIR. MAY WE HAVE A BREAK? YES. OH, YES. WE ARE HAVING A BREAK. IT IS THREE 40. SEE Y'ALL BACK IN ABOUT FIVE TO SEVEN MINUTES. WE'RE BACK IN SESSION 3 48. GOOD AFTERNOON, Y'ALL. THIS IS, UH, ITEM BOA TWO SIX DASH 1 0 3 0 0 0 3 8. THE APPLICANT IS CARRO DEVELOPMENTS. IT'S IN COUNCIL DISTRICT TWO AND THE ZONING IS RM FOUR. THE VARIANCE IS FOR A VARIANCE TO ALLOW SEPARATE STRUCTURES IN A LOT ZONED RM FOUR THAT IS SMALLER THAN ONE THIRD OF AN ACRE. THE SUBJECT PROPERTY IS LOCATED ALONG THREE LOTS EAST OF THE INTERSECTION OF SOUTH NEW BRAUNFELS AVENUE AND MONTANA STREET. THE APPLICANT SUBMITTED A BOARD OF ADJUSTMENT APPLICATION FOR THE SAME REQUEST AS SEPTEMBER OF 2024, BUT WITHDREW THEIR CASE SINCE THEN. THE APPLICANT HAS ATTAINED A CERTIFICATE OF DETERMINATION THAT ALLOWS FOR THE DEVELOPMENT OF THE PROPERTY TO MOVE FORWARD. THE APPLICANT HAS ATTAINED AN ADDRESSING VERIFICATION AND ASSIGNMENT LETTER AND IS NOW APPROACHING THE BOARD OF ADJUSTMENT BEFORE PROCEEDING WITH THE PROJECT. THE APPLICANT PROPOSES TO CONSTRUCT TWO SINGLE FAMILY DWELLING STRUCTURES RATHER THAN ABIDING BY THE RM FOUR STAND, UH, DEVELOPMENT STANDARDS, WHICH LIMITS SUCH DEVELOPMENT TO A SINGLE STRUCTURE. THIS IS THE CURRENT SITE PLAN. THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. WE, UH, COMMENDS DENIAL ON BO OA TWO SIX DASH 1 0 3 0 0 3 8 BASED ON THE FOLLOWING FINDINGS OF FACT, THERE'S SIGNIF SUFFICIENT SPACE ON THE PROPERTY FOR THE DEVELOPMENT OF A SINGLE STRUCTURE ON THE LOT TO SUPPORT THE SAME OVERALL DWELLING UNIT DENSITY. AND THE DEVELOPMENT WOULD REPRESENT A CONSPICUOUS DEPARTURE FROM THE ESTABLISHED CHARACTER OF THE NEIGHBORHOOD, WHICH IS LARGELY MADE UP OF THE PERHAPS SINGLE FAMILY HOMES. WE MAILED 33 NOTICES. WE GOT ZERO IN FAVOR, ZERO OPPOSITION AT JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION AND DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. OKAY. ALRIGHT, THIS CONCLUDES STAFF'S PRESENTATION. SO ONE QUICK QUESTION. UH, YOU'VE GOT, UH, DOES IT TO THE, HOW, HOW CLOSE CAN THE STRUCTURES BE BEFORE IT BECOMES AN ISSUE? THEY HAVE TO BE FIVE FEET APART. I BELIEVE IT'S FIVE FEET. OKAY. ALRIGHT, SO LET THE APPLICANT COME FORWARD. GOOD AFTERNOON EVERYONE. UM, REALLY QUICK, I KIND OF WANT TO ADDRESS SOME OF YOU. HEY, YOU NEED TO, UH, STATE YOUR NAME PLEASE. OH, CHAIR [02:40:01] BARFIELD, OWNER OF CAIRO DEVELOPMENTS. ALL RIGHT, CONTINUE. UM, SO WHEN WE, I DID A LITTLE BIT OF DUE DILIGENCE BEFORE WE MADE THE REQUEST. I DON'T KNOW IF YOU GUYS NOTICED, BUT WE ACTUALLY HAD THE REQUEST IN, I THINK YOU BELIEVE 24 IN SEPTEMBER. UM, BEFORE WE GO AND WE ACTUALLY, YOU KNOW, BUILD THESE HOMES OUT, WE DO SOME DUE DILIGENCE. WE ACTUALLY GET GATHER QUANTITATIVE DATA TO KNOW IF THIS IS ACTUALLY A FIT FOR WHAT'S GOING ON IN THE NEIGHBORHOOD. WE TRIED SOMETHING A LITTLE BIT DIFFERENT, UM, WITH THE PRIOR PROJECT. UM, ONE, BECAUSE YOU GUYS NOTICED TODAY MOST OF THE, MOST OF THE HOMES IN THESE AREAS, PEOPLE ARE KIND OF, THE DEVELOPERS ARE KIND OF TRANSITIONING AND GOING TOWARDS SINGLE, WELL NOT SINGLE FAMILY MEMBERS, RESIDENTS, UH, ST IF THEY RUN INTO ISSUES, THAT'S USUALLY FINANCIAL BECAUSE THEY CAN'T FIND ANYONE THAT CAN ACTUALLY GO PURCHASE THE HOME AT THE PRICE THAT THEY WERE HOPING TO FOR WHAT THE COST FOR TO CONSTRUCT ON THE HOME. SO RATHER THAN JUST BUILD WITHOUT THAT DATA THERE, WE ACTUALLY GO AND WE FIND PEOPLE WHO ARE LOOKING FOR A PARTICULAR TYPE OF HOME BEFORE WE GO AND ACTUALLY CONSTRUCT THAT BUILDING. THAT'S WHY WE ACTUALLY, INITIALLY WE HAD BUYERS PURCHASERS FOR THE, INITIALLY FOR THAT PROJECT, THEY PULLED OUT. SO WE SAID, YOU KNOW, LET'S WAIT. SO RATHER THAN SPENDING UNNECESSARILY, WE WENT BACK TO THE DRAWING BOARD. THAT'S WHEN WE WENT AND GOT THE COD AND UM, KIND OF BROUGHT US HERE. SO WHEN YOU GO TO THE NEXT SLIDE FOR ME, I JUST WANT TO KIND OF NOTE, WE'RE NOT PUTTING FOUR LARGE, UH, STRUCTURES ON THIS HOME. WE'RE LITERALLY JUST SEPARATING TWO UNITS RATHER THAN MAKING A DUPLEX. UM, THE ZONING, WE'RE NOT, WE'RE NOT, IT'S NOTHING FARFETCHED THAT WE'RE REQUESTING AS FAR AS ZONING IS REQUIRED. THE DENSITY, WE SHOULDN'T RUN INTO A DENSITY PROBLEM. WE'RE NOT GONNA OVERLOAD THESE, UH, OVERLOAD. THE HOUSES. THE HOUSES ARE A PRETTY GOOD FIT AND WE'RE STILL WITHIN THE REQUIRED VARIANCES ON ALL SIDES. UM, GO TO THE NEXT SLIDE. UM, AGAIN, WE DID MARKET DATA BEFORE MAKING THE REQUEST. SO WE HAVE SOMEONE THAT'S UNDER CONTRACT FOR THE FIRST UNIT ALREADY. THE REASON, THE ONLY REASON WE DON'T HAVE A CONTRACT FOR THE SECOND PERSON. WE HAVE AN INDIVIDUAL RIGHT NOW THAT DOES WANT TO CONTRACT WITH US. I'VE HAD TO DENY THEM THAT CONTRACT BECAUSE WE DON'T HAVE APPROVAL FOR IT YET. SO I CAN'T SIGN A CONTRACT IF, YOU KNOW, WE'RE HERE AND WE HAVEN'T HAD NO APPROVAL FOR THAT. SO IT'S NOT THAT WE DON'T LIKE THE COMMUNITY DOESN'T WANT IT, WE HAVE BUYERS RIGHT NOW THAT THAT COULD CALL ON PHONE RIGHT NOW TO SAY, HEY, I WANNA PURCHASE THIS PRICE HAS BEEN AGREED TO. I JUST CANNOT CONTRACTUALLY PUT THEM, UM, UNDER CONTRACT WITHOUT THE APPROVAL, WHICH IS WHY WE ONLY HAVE THAT FIRST UNIT UNDER CONTRACT. OKAY. SO YOUR GOAL IS TO BUILD TWO UNITS? THAT'S IT? YEAH, JUST TWO UNITS SIDE BY SIDE. OKAY. WE'VE ACTUALLY HAD THE ENGINEERED STRUCTURAL PLANS ALREADY DONE FOR THEM PRIOR. WE ACTUALLY HAD TWO SETS. WE'VE DONE ONE FOR, UM, JUST A SINGLE FAMILY. IT JUST DOESN'T MAKE ANY, IT WOULD BE FISCALLY RESPONSIBLE TO BUILD THAT THERE. OKAY. UM, ESPECIALLY LOOKING AT WHAT'S GOING ON IN THE, IN THE, IN THAT NEIGHBORHOOD AND WHAT PEOPLE ARE CAN'T AFFORD BECAUSE WE RUN INTO AN AFFORDABILITY PROBLEM. AND ARE YOU ATTEMPTING TO PUT THE DRIVEWAY IN THE, THEY'RE IN THE FRONT, RIGHT? YOUR DRIVEWAY? YES. AND THAT'S ACTUALLY, IT DOESN'T SHOW HERE. UM, BUT THERE'S, WE HAVE AN ALLEY BACK THERE. I DIDN'T KNOW IF YOU WERE DOING REAR ACCESS. NO, I DON'T WANT THE, UM, OH, SORRY. THE, UH, LOOK AT THIS. THERE WE GO. SO BACK HERE. WE DON'T WANT TO TOUCH ANYTHING BACK HERE AT ALL ON THIS ALLEY. I DON'T WANT ANY ACCESS. I WANNA JUST CLOSE THAT OFF. JUST HAVE A FENCE THERE. WHAT'S NOT SHOWING IS WE DO HAVE A GARAGE HERE. ONE OF THE THINGS THAT I NOTICED IN THE NEIGHBORHOOD THAT'S BEEN A REALLY BIG ISSUE IS THE PARKING. UM, IF WE WERE TO ATTEMPT TO DO TO, LET'S SAY WE WERE TRYING TO GET THE MOST WE CAN OUTTA THE MARGIN AS FAR AS THAT HOME IS CONCERNED OR THAT PROPERTY IS CONCERNED, IF YOU GO THROUGH THE DATA, YOU WOULD NEED TO PUT FOUR UNITS ON THERE, RIGHT? IN ORDER TO EXTRACT THE, EXTRACT THE MARGIN THAT YOU WOULD NEED TO GO AHEAD AND CONTINUE TO DO ANOTHER PROJECT, SO ON AND SO FORTH. RIGHT. THE PROBLEM THAT I SEE AESTHETICALLY IN THAT NEIGHBORHOOD THOUGH, IS YOU WOULDN'T HAVE THE PARKING THAT YOU WOULD THINK THAT YOU WOULD HAVE IF YOU WERE TO TRY TO DO THAT. YOU'D PROBABLY HAVE TO MAKE, PUT A BUILDING LIKE HERE, HERE, HERE AND HERE, AND HAVE PARKING ON THE BACK OR SOMETHING LIKE THAT, WHICH IS FINE. BUT NOW EVERYTHING IS CONCRETE. I'M FROM DALLAS. UM, ONE OF THE THINGS THAT I NOTICED HERE THAT I LIKE THAT I DIDN'T KNOW AT HOME IS WE'VE, WE KIND OF ATTEMPTED TO DO THAT MODEL THAT I'M SHOWING YOU GUYS WHERE YOU BASICALLY JUST PUT ALL THE HOMES ON THE SIDE AND EVERYTHING ELSE IS CONCRETE. ONE, YOU HAVE A CRAZY AMOUNT OF MONEY THAT YOU'RE SPENDING IN YOUR CONCRETE AND YOUR FOUNDATION, AND TWO, YOU, YOU LOSE YOUR GREENERY. THIS PROPERTY HAS TWO LARGE, UM, PECAN TREES. SO IN ORDER TO MAKE THAT, TO DO THAT, I WOULD HAVE TO GET RID OF THAT. I DON'T WANNA GET RID OF THE PECAN TREES. UM, THE GREENERY, AND AGAIN, WE DON'T SEE IT HERE YET, BUT THAT STUFF, AS TIME GOES FORTH AND YOU START TO SEE THAT IT DOES MAKE A DIFFERENCE THAN THE, THAN THE AESTHETIC OF, OF WHERE YOU LIVE. AND PEOPLE WILL END UP SAYING, IN THE BEGINNING, EVERYBODY LIKES IT, BUT LATER DOWN THE LINE YOU'RE LIKE, I KIND OF MISS HAVING THE GREENERY AROUND. OKAY. UM, GO TO THE NEXT ONE. AND SO [02:45:01] WE ACTUALLY HAVE, THIS IS WITHIN WALKING DISTANCE, LESS THAN HALF A MILE. THIS HOUSE IS PART OF A KIND OF REGIME THAT'S DONE THE EXACT SAME THING THAT I'M ATTEMPTING TO DO. THEIR LAYOUT'S DIFFERENT THAN MINE. UM, BUT IT ACCOMPLISHES THE SAME GOAL. UH, IF YOU GO TO THE NEXT SLIDE, THIS IS THE OTHER HOUSE, THEY'RE LITERALLY ON THE SAME PIECE OF PROPERTY. THEY'RE JUST SPLIT INTO O KIND OF REGIME. ONE'S FACING MONTANA, THE OTHER ONE'S FACING PIEDMONT. IS THAT A SIGN SAYING THEY'RE GONNA KNOCK THE HOUSE DOWN? THEY PROBABLY WANT TO. OKAY. WHICH MAKES SENSE. 'CAUSE IF YOU LOOK AT HOW THE HOUSE IS , OKAY, LIKE I SHOULD, OKAY, I SHOULD, I WOULDN'T USE THAT AS AN EXAMPLE, BUT THEY WANT TO RENT THIS HOUSE. LIKE IF I WERE THIS INDIVIDUAL, I WOULD'VE DONE LIKE WHAT I'M ATTEMPTING TO DO, I WOULD'VE TURNED IT INSTEAD. THEY JUST, IT WAS EASIER. HEY, JUST SPLIT IT DOWN THE MIDDLE AND HAVE HAVE IT FACE IN THE STREET DOESN'T MAKE A LOT OF SENSE, BUT THAT'S NOT MINE. SO, YOU KNOW, I DIGRESS. UM, THE HARDSHIP, WHAT PEOPLE DO NOT TALK ABOUT, SO I'M ACTUALLY LICENSED ORIGINATED AS WELL AS WELL. YOU CAN HAVE A HOME THAT'S A FEE SIMPLE DETACHED. AND YOU CAN HAVE ONE THAT'S UNDER, UM, THAT'S ALSO UNDER A CON REGIME. AND YOU CAN ALSO HAVE, UM, AN ATTACHED HOME, SAME PRICE. SO LET'S JUST FOR ARGUMENT'S SAKE, LET'S SAY THEY'RE $200,000, RIGHT? EACH ONE IS $200,000. DO YOU KNOW IT'S HARDER TO GET APPROVED FOR THE $200,000 ONE THAT'S ATTACHED THAN IT IS FOR THE ONE THAT'S FEE SIMPLE OR CONDO REGIME? THERE'S FANNIE MAE AND FREDDIE MAC HAVE DIFFERENT REQUIREMENTS THAT GO UNDER UNDERWRITING THAT I KNOW THIS 'CAUSE THAT'S MY JOB. BUT MOST PEOPLE ARE NOT SEEING THAT IT MAKES THE COST AND THE RISK HIGHER TO FREDDIE MAY AND FANNIE MAC WHO BACK IN THOSE LOANS, RIGHT? SO THAT'S WHY IT'S HARDER FOR PEOPLE TO ACTUALLY GET APPROVED. LIKE FOR THE, LIKE WHAT YOU SEE IN CONDOS, EVEN THOUGH TECHNICALLY THEY'RE SUPPOSED TO BE CHEAPER, YOU SEE ISSUES ARISE. LIKE MOST OF THE TIME YOU SEE THESE ISSUES ARISE IS LIKE IN FLORIDA, UH, I THINK HOUSTON HAS IT KIND OF BAD, BUT THERE'S A REASON THAT EVERYONE SWITCHES THE DETACH. IT'S EASIER NOT JUST FOR US ON THE BUILD SIDE, BUT ALSO FOR THE PURCHASER. UM, CASE IN POINT, THAT SCENARIO THAT I INITIALLY BROUGHT UP WHEN WE FIRST WITHDREW THE REQUEST, WE COULD HAVE JUST PUT THE DUPLEX THERE. THE PERSON WHO WANTED TO BUY FROM US, I NOTICED DURING THEIR LOAN, I WAS LIKE, THIS IS GONNA COST YOU MORE. THEY DID APPROVE FOR IT, THEY WERE APPROVED, BUT I NOTICED WHAT THEY'RE, THAT'S SOMETHING THAT THEY'RE NOT GONNA PAY ATTENTION TO UNTIL WAY LATER THERE IN THE HOUSE. IT'S GONNA COST THEM MORE BECAUSE OF THE TYPE OF LOAN THAT THEY HAVE TO GET IN ORDER TO GET IT. THAT'S WHY VA, IF YOU LOOK AT VA, VA HAS VERY STRINGENT. LET'S, LET'S KIND OF STAY ON POINT ABOUT, SORRY, BUT UM, BUT I WANTED TO JUST POINT OUT THAT THOSE BARRIERS ARE, THOSE FINANCIAL BARRIERS ARE NOT JUST TO THE DEVELOPER. IT IS TO THE, THE PURCHASER AS WELL. OKAY. UH, IS THERE ANY QUESTIONS FOR THE APPLICANT? BORIO, COMMISSIONER BEEZ, IS THERE A NEIGHBORHOOD ASSOCIATION HERE? UH, THERE IS. I THINK JEFFERSON'S THE ONE THAT'S CLOSEST. GOTCHA. DUDE. DID YOU ANY CORRESPONDENCE WITH HIM? NO, THE NEIGHBOR, UH, THE NEIGHBORHOOD IN FRONT. I'M ACTUALLY, UH, THE ACTUAL IMMEDIATE NEIGHBORS. I'M ACTUALLY CLOSE WITH A LOT OF THEM BECAUSE I WAS DOING WORK ON LIKE A, AN ADJACENT PROPERTY. SO LIKE THERE'S ONE THAT I DIDN'T SHOW LIKE ON UM, TOLEDO. THE OWNERS ON TOLEDO. I KNOW 'CAUSE THEY DID ESSENTIALLY THE SAME THING THAT I DID. THE THING THAT THEY DID DIFFERENT, THEY JUST WENT TO AND PAID EXTRA TO HAVE IT JUST REPLANTED, WHICH YOU'RE PAYING LIKE $12,000 MORE TO DO IT. I JUST DID IT IN A MORE, I THINK, EFFECTIVE WAY PERSONALLY. YEAH. AND YOU'RE WAITING A WHILE FOR THAT TOO. UM, OKAY, BUT, SO NO CORRESPONDENCE WITH JEFFERSON HEIGHTS OR DENVER, BUT YOU DID GET, DID YOU GET A, A NEIGHBOR'S APPROVAL? UH, SO I, I DIDN'T, I, SO I KNOW THE NEIGHBORS LIKE IN MEDIA ROUND, LIKE I, THEY BUILT, I BUILT SOMETHING SIMILAR TO OUR CRO AROUND THE CORNER. UM, SO I KIND OF JUST SPOKE WITH THEM ABOUT IT. THEY'RE LIKE, JUST CONTINUE TO DO THE SAME THING. YEP. THESE ARE PEOPLE I HAVE LIKE PHONE NUMBERS I CAN I SPEAK WITH. YEAH, I THINK, UH, I THINK YOUR PRESENTATION TODAY IS, IS, IS A GOOD PRESENTATION. I THINK IF DENVER HEIGHTS AND JEFFERSON HEIGHTS COULD HEAR THIS AND BREAK IT DOWN THE SAME WAY TO THEM, THEY MAY BE IN APPROVAL. I THINK IF YOU GET THE NEIGHBORS TO APPROVE IT AS WELL TOO, THAT'S GONNA SPEAK HIGHLY TO THIS BOARD. AND UM, THAT, THAT'S JUST MY RECOMMENDATION. 'CAUSE YOUR PRESENTATION IS GOOD AND I LIKE IT. BUT YOU KNOW, I THINK IF DENVER AND JEFFERSON COULD SEE THE SAME THING, THEY MAY BE IN SUPPORT ALSO. SO. WELL, SO I NORMALLY THOSE TWO ARE PRETTY VOCAL AND THEY WEREN'T THIS TIME. AND SO ARE YOU TAKING THEIR I SAW I TAKE THEIR NON, NON NONS SUBMITTING TO BE AN OKAY THING. SO THAT'S JUST MY PERSONAL OPINION. OKAY. ALRIGHT. IS THERE ONE SIGN UP TO SPEAK ON THIS CASE? NO PUBLIC COMMENT. ALRIGHT, SO, UH, WITH THAT I'M LOOKING FOR A, A MOTION AND, AND I WOULD, I WOULD, I WOULD APPRECIATE IT. WHOEVER READS IT, UH, SPECIFICALLY MENTIONS THAT HE'S ONLY DOING TWO UNITS. BRAGMAN COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO OA DASH 26 DASH 0 3 0 0 3 8. I MOVE THE BOARD OF ADJUSTMENT GRANTED VARIANCE TO ALLOW TWO SEPARATE STRUCTURES ON A LOT ZONED RM FOUR THAT IS SMALLER THAN ONE THIRD OF AN ACRE, SITUATED AT 1410 MONTANA STREET. APPLICANT BEING CHIO DEVELOPMENTS [02:50:01] LLC 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 UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THERE'D BE ADEQUATE SPACE TO DEVELOP TWO MULTI-FAMILY TO DEVELOP, UH, TWO SINGLE FAMILIES. TWO SINGLE FAMILY. YES. YES. TWO SINGLE FAMILIES. THANK YOU. TWO SINGLE FAMILY STRUCTURES ON THE LOT WHILE MAINTAINING BUILDING SCALE AND MASSING THAT IS CONSISTENT WITH THE SURROUNDING AREAS. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION ON THIS PROPERTY IS DUE TO THE UNIQUE CIRCUMSTANCE OF THE INHERENT SIZE AND PHYSICAL LAYOUT OF THE LOT BY THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE ALLOWING THE DEVELOPMENT ACROSS, UM, TWO STRUCTURES ON THE LOT, WOULD NOT HARM OR HARM NOR INJURE THE SURROUNDING PROPERTIES AND WOULD CONFORM WITH THE ESTABLISHED SURROUNDING NEIGHBORHOOD FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT 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 DEVELOPMENT WILL BE COMPATIBLE IN SCALE AND DENSITY WITH SURROUNDING PROPERTIES. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, 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 ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PLIGHT OF THE PROPERTY OWNERS DUE THE UNIQUE CIRCUMSTANCES OF, OF THE INHERENT SIZE AND PHYSICAL LAYOUT OF THE LOT, WHICH PREDATE THE PROPOSED DEVELOPMENT, ARE NOT THE RESULT OF THE OWNER'S ACTIONS OR GENERAL CONDITIONS IN THE DISTRICT. END OF MOTION. SECOND. SECOND. BY COMMISSIONER AMANDA. COMMISSIONER BRAGMAN. UH, I'LL BE IN SUPPORT OF THIS MOTION. I, I FEEL LIKE THE APPLICANT, UM, MADE PERFECT SENSE, UH, IN TERMS OF THE, THE LAYOUT OF THE PROPOSED, UH, STRUCTURES AND HOW THEY FIT ON THE, THE LOT WITHOUT HAVING TO ASK FOR VARIANCES. SO I'LL BE IN SUPPORT OF THE MOTION. COMMISSIONER MANNA, I CONCUR WITH MY COLLEAGUE. ALL RIGHT, THANK YOU. ANYONE ELSE LIKE TO ADD HEARING KNOWS. HAVE A ROLL CALL VOTE. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER REED. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER CRUZ? YES, I CONCUR. COMMISSIONER BEES? YES, I CONCUR. COMMISSIONER BOEZ? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. ALL RIGHT. UH, WE ARE GOING BACK TO ITEM NUMBER SIX. IT IS 4 0 4 AND COMMISSIONER CRUZ HAS LEFT THE MEETING. DOES ANYONE ELSE ON THE COMMISSION HAVE A HARD LEAVE TODAY? I KNOW, I KNOW OF ONE OTHER. MIDNIGHT. MIDNIGHT . OKAY, BEFORE BEDTIME. ALL RIGHT. GOOD AFTERNOON. BO OA DASH 26 DASH 0 3 39 IS LOCATED IN DISTRICT THREE AT 33 11 YOUTH DRIVE. THE ZONING IS R 20 AND THE REQUEST IS FOR A VARIANCE FROM THE ACCESSORY DWELLING STANDARDS TO ALLOW AN ACCESSORY DWELLING UNIT IN THE SIDE YARD OF THE PROPERTY. THE SUBJECT PROPERTY IS LOCATED ALONG YOUTH DRIVE BEING THE PROPERTY AT THE CORNER OF YOUTH DRIVE AND SHARON ROAD. THE SURROUNDING AREAS A MIXTURE OF R 20 AND NP 15 RESIDENTIAL BASED ZONING DISTRICT. THE CASE ORIGINATED FROM THE APPLICANT BEING ADVISED BY ZONING STAFF AT DEVELOPMENT SERVICES TO APPLY FOR THE VARIANCE TO ALLOW AN ACCESSORY DWELLING UNIT IN THE SIDE YARD. THE PROPOSED STRUCTURE BEING CONVERTED TO AN ACCESSORY DWELLING UNIT WAS CONSTRUCTED IN 2005 AS A STORAGE SHED SLASH GARAGE. THERE'S NO PERMIT FOR THE CONSTRUCTION OF AN ACCESSORY DWELLING ON FILE, MEANING THE APPLICANT WOULD HAVE TO APPLY FOR A PERMIT FOLLOWING THEIR CASE, RECEIVING A DETERMINATION. THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY, THAT'S THE ACCESSORY DWELLING UNIT AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL FOR THE ACCESSORY DWELLING STANDARD IN BOA DASH 26 DASH 0 3 39 BASED ON THE FOLLOWING FINDINGS OF FACT ONE DUE THE, THE CONFIGURATION OF THE LAW AND IS LOCATION ON THE CORNER [02:55:01] OF TWO INTERSECTION STREETS. THERE'S MORE LAND CONSIDERED SIDE YARD THAN REAR YARD. AN ACCESSORY DWELLING IN THE SIDE YARD WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE WHILE ALSO MAINTAINING ADEQUATE DISTANCE FROM OTHER NEARBY STRUCTURES TOO. IF GRANTED, THE ACCESSORY DWELLING WILL BE PERMITTED IN THE SIDE YARD OF THE PROPERTY WHERE THERE'S SUFFICIENT ROOM TO MAINTAIN UDC SETBACK REQUIREMENTS. STAFF MAIL DO 19 NOTICES ZERO WERE RECEIVED IN FAVOR. ONE WAS RECEIVED IN OPPOSITION AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET. THIS IS THE NOTICE RECEIVED IN OPPOSITION. AND THIS CONCLUDES STAFF'S PRESENTATION. ALRIGHT, THANK YOU. AS, UH, APPLICANT COME FORWARD PLEASE, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SEX ACCESSORY STRUCTURE. GOOD AFTERNOON. MY NAME IS MANUEL ROCHA. I'M REPRESENTING MY MOM. SHE'S THE OWNER OF THE PROPERTY, BUT SHE HAS, UH, LANGUAGE BARRIERS, SO OKAY. I'M THE ONE THAT IS, UH, WE BOTH LIVE THERE. SHE COMES, UH, FROM MEXICO, SO SHE COMES AND STAY WITH US DUE TO ME DIVORCING AND, UH, HAVING THE NEED OF HAVING MY DAUGHTERS THERE. UM, I'M THE ONE LIVING THERE, SO THEY COME VISIT ME WHEN MY VISITS ARE ALLOWED. SO, UM, WE NEED A LITTLE BIT OF MORE, MORE ROOM, SO WE HAVE THAT, UM, SECOND, UM, STORAGE YOU COULD SAY. BUT WE WANNA MAKE IT, UH, YOU KNOW, A A LIVING, LIVING, UH, SPACE. UM, SO WE WANNA DO IT THE RIGHT WAY. HEARING ALL THIS OTHER CASES, WE WANTED TO FIRST GET THE PERMIT AND BEING ABLE TO, TO COMPLY WITH EVERYTHING BEFORE WE START. OKAY. UH, SO FOR STAFF, IS THIS ACCESSORY STRUCTURE WITHIN THE, UH, SQUARE FOOTAGE PERCENTAGES OF THE, OF THE MAIN STRUCTURE? NO OTHER ISSUES? IT DOES NOT REQUIRE VARIANCE FOR THE SIZE. OKAY. AND, UM, I, I MEAN IT IT OBVIOUS THAT IF YOU WERE ADDRESSED OFF OF TARN ROAD, I KNOW YOUR A ACCESS IS REALLY OFF OF HUFF, BUT THIS WOULD JUST BE LIKE ANY OTHER RESIDENT. I WOULD THINK SO. IS THERE ANY QUESTIONS FROM THE COMMISSION? BRAGMAN COMMISSIONER BRAGMAN? UM, SO YOU SAW THE, UM, NOTE FROM YOUR NEIGHBOR OF WHY THEY WERE OPPOSED TO THE STRUCTURE, THEIR CONCERNED THAT IT'S GONNA BE TURNED INTO A, A RENTAL. IS THAT THE CASE? WELL, IF YOU COULD TELL, UM, WE HAVE A KIND OF LIKE A LONG, UM, LOT. SO THE FRONT OF THE FRONT NEIGHBOR, UM, HE WAS OKAY WITH IT. HE SAID, I DON'T, HE ACTUALLY RESPONDED ME LIKE I'M NOT, I'M NOT GONNA BE AGAINST IT BECAUSE FIRST IT'S NOT MY PROPERTY AND THEN IT DOESN'T BOTHER ME. WE HAVE, UM, I THINK THE LOT THAT I HAVE, IT'S THE, UH, THE SMALLEST OF ALL THE BLOCKS. UM, USUALLY PEOPLE HAVE ABOVE ONE ACRE THERE. SO, UM, I TALKED TO THAT NEIGHBOR THAT SENT THIS BACK. I TOLD HIM HE WAS GONNA BE RECEIVING THIS LETTER. UM, HE SAID HE, HE DOESN'T OPPOSE OF IT. IT IS JUST THAT SAYS, UM, HE DOESN'T WANT ME TO RENT IT, WHICH I THINK IT'S BESIDES THE POINT OF ME MAKING, MAKING THAT A, A, A LIVING SPACE, UM, YOU KNOW, OF, I MEAN THIS IS BESIDES THE POINT WHAT WE'RE TRYING TO FIGURE IT OUT HERE. SO I, I GUESS MY QUESTION IS, ARE YOU IN THE LONG RUN PLANNING ON TURNING THAT INTO A RENTAL UNIT? UH, WELL NO, AS OF RIGHT NOW, THAT'S NOT IN MY PLANS. OKAY. AND YOUR, YOUR PROPERTY IS 0.58 ACRES A HUNDRED FOOT WIDE BY 256 DEEP? YEAH. OKAY. ANY OTHER QUESTIONS? HEARING NONE. ANYONE SIGNED TO SPEAK ON THIS ONE? NO. PUBLIC COMMENT. LOOKING FOR A MOTION STEVENS MR. STEVENS, REGARDING CASE NUMBER BOA DASH 26 DASH 0 3 0 3 9. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR VARIANCE FROM THE ACCESSORY DWELLING STANDARDS TO ALLOW AN ACCESSORY DWELLING UNIT IN THE SIDE YARD OF THE PROPERTY SITUATED 33 11 H DRIVE. APPLICANT BEING MARDEL CARMEN VASQUEZ GARCIA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT THE 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 PERMITTING. AN ACCESSORY STRUCTURE IN THE SIDE YARD IN THIS CASE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST SINCE THE PLACEMENT WOULD STILL ADHERE TO THE OTHER REQUIREMENTS FOR SINGLE FAMILY RESIDENTIAL PROPERTY. TWO, DUE TO THE SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE LIMITED REAR YARD SPACE AND ORIENTATION OF THE LOT PRESENT A SITUATION THAT WOULD RESULT IN UNNECESSARY HARDSHIP FOR THE APPLICANT TO COMPLY WITH CURRENT DEVELOPMENT STANDARDS. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE [03:00:01] OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. AN ACCESSORY DWELLING IN THE SIDE YARD WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE WHILE ALSO MAINTAINING ADEQUATE DISTANCE FROM THE OTHER NEARBY STRUCTURES. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF, UH, 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 IN INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF GRANTED, THE ACCESSORY DWELLING WOULD BE PERMITTED IN THE SIDE YARD OF THE PROPERTY WHERE THERE IS SUFFICIENT ROOM TO MAINTAIN UDC SETBACK REQUIREMENTS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE 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 CONFIGURATION OF THE LAW AND ITS PRESENCE AT A CO AS A CORNER LOT LEAVES MORE LAND CONSIDERED. SIDE, SIDE YARD VERSUS REAR YARD. MAKING THE POTENTIAL LOCATIONS FOR ACCESSORY DWELLING IN THE REAR YARD. MORE LIMITED IN PLACEMENT AS COMPARED TO THE AREA AVAILABLE IN THE SIDE YARDS. END OF MOTION. SECOND. SECOND BY COMMISSIONER DENISE AND COMMISSIONER STEVENS. UH, I THINK WE HAD ALREADY POINTED OUT A COUPLE OF TIMES THAT THIS IS A CORNER LOT AND, UM, KIND OF ATYPICAL IF YOUR, IF YOUR HOUSE WAS ADDRESSED OFF OF TARYN, YOU'D BE GOOD TO GO. UH, SO, AND THIS IS EXACTLY WHY THE CITY PROMOTES ACCESSORY DWELLING UNITS TO HAVE FAMILY LIVE TOGETHER. AND IF ONE DAY YOU DECIDE TO RENT IT OUT, GOOD FOR YOU. SO I'LL BE IN SUPPORT. THANK YOU. COMMISSIONER BEESE? YEAH, I AGREE WITH COMMISSIONER STEVENS. UM, I'LL BE IN SUPPORT FOR THOSE REASONS AND THE CITY'S, UH, APPROVAL AS WELL. ALL RIGHT. ANYONE ELSE LIKE TO ADD? HEARING NONE. LET'S HAVE A ROLL CALL. ROLL CALL. VOTE PLEASE. COMMISSIONER STEVENS? YES. SECOND CUR COMM UNI. YES, I CONCUR. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS. THANK YOU. THANK YOU. ITEM NUMBER NINE. GOOD AFTERNOON COMMISSIONERS. JOEL VELA, SENIOR PLANNER WITH THE BOARD OF ADJUSTMENT. ITEM NUMBER NINE IS BO EIGHT DASH 26 DASH 0 3 0 4 4. THE APPLICANT BEING RENE MORALES AND DISTRICT SIX. THIS IS AT 92 35 MARBACH ROAD. UH, REQUEST FOR THE ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF A MOBILE FOOD COURT WITHIN 200 FEET OF A RESIDENTIAL LOT OR USE. UH, SUBJECT PROPERTY IS LOCATED EAST OF MARBACH AND INGRAM ROAD. THE PROPERTY IS CURRENTLY VACANT, SURROUNDED BY OTHER VACANT PROPERTIES, A PAWN SHOP, AND AN EXISTING INDUSTRIAL BUSINESS PARK, UH, TO THE NORTH. THE PROPERTY IS ADJACENT TO EXISTING SINGLE FAMILY HOMES SEPARATED BY A 60 FOOT DRAINAGE EASEMENT. UH, THE APPLICANT PROPOSES TO DEVELOP THE PROPERTY AS A MOBILE FOOD COURT IN ACCORDANCE WITH ALL UDC STANDARDS. HOWEVER, WHERE THE CODE REQUIRES MOBILE FOOD COURTS TO BE SEPARATED FROM SINGLE FAMILY DISTRICTS BY AT LEAST 200 FEET, THE APPLICANT PROPOSES TO BUILD DIRECTLY ADJACENT TO PROPERTY ZONED R SIX, WHICH IS OCCUPIED BY THAT DRAINAGE EASEMENT. UM, THE PROPOSED MOBILE FOOD COURT WOULD BE SEPARATED FROM EXISTING SINGLE FAMILY USES, UH, BY AN ON-PREMISES CIRCULAR DRIVEWAY, PARKING STALLS, AND THE DRAINAGE EASEMENT. NO PERMITS HAVE BEEN FILED AND NO CONSTRUCTION HAS BEGUN AT THIS TIME. UH, HERE'S KIND OF A ROUGH SITE PLAN OF WHAT THE APPLICANT IS PROPOSING, AGAIN, DIRECTLY ADJACENT TO THAT PROPERTY. ZONED R SIX ACTUALLY OCCUPIED BY A DRAINAGE EASEMENT 60 FEET WIDE. UH, AND DIRECTLY ON THE OTHER SIDE OF THAT EASEMENT IS WHERE THE SINGLE FAMILY HOMES BEGIN. AND HERE'S A RENDERING SHARED BY THE APPLICANT, UH, NOT FOR CONSTRUCTION, JUST FOR VISUAL PURPOSES OF THE PROPOSED PROJECT AND, UH, AERIAL VIEW. JUST TO ILLUSTRATE ALL THE SITUATIONS THAT WE'VE KIND OF DESCRIBED HERE. UH, HERE'S THE SUBJECT PROPERTY, THE ENTRANCE, AND IT'S ACTUALLY THIS OPEN AREA BEHIND THAT EXISTING PAWN SHOP. YOU CAN SEE HOW THE EXISTING RESIDENCES KIND OF LOOK DOWN ON THAT PROPERTY. UH, HERE'S THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL AND BOA DASH 26 DASH 0 3 0 0 4 4 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, GRANTING THIS VARIANCE WOULD NOT SUPPORT THE PUBLIC INTEREST AS THE EXISTING HOMES WOULD BE EXPOSED TO INCREASED NOISE AND LIGHT POLLUTION. AND TWO, SUCH NOISE AND LIGHT POLLUTION WOULD HAVE AN UNOBSTRUCTED PATH TO WINDOWS ON THE REAR FACADES OF THE EXISTING HOMES DUE TO THE ELEVATED GRADE LEVEL OF THE HOMES RELATIVE TO THE SUBJECT. PROPERTY STAFF MAILED OUT 26 NOTICES ZERO WERE RETURNED IN FAVOR, ONE WAS RETURNED IN OPPOSITION AND THERE'S NO NEIGHBORHOOD ASSOCIATION WITHIN [03:05:01] 200 FEET OF THIS PROPERTY. AND HERE IS THE OPPOSITION RECEIVED BY STAFF BY ONE OF THE HOMES TO THE NORTH. THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. STEVENS? UH, YES. COMMISSIONER MANNA. OH, STEVENS HAND IT FIRST. OH, DO WE KNOW? THANK YOU. DO WE KNOW THE GENERAL WIDTH OF THAT UTILITY EASEMENT 60 FEET. COMMISSIONER? MAY. SO, SO, UM, IS IT, UM, THE LOCATION OF THE PARK ITSELF VERSUS PARKING FOR THAT DISTANCE, DOES THAT, DOES THAT PLAY INTO THE MEASUREMENT OR IS IT IT DOES NOT PLAY IN IT'S MEASURED PROPERTY LINE TO PROPERTY LINE. I MENTIONED THAT JUST FOR CONTEXT, JUST TO KIND OF SHOW WHERE THE FOOD COURTS ARE GONNA BEGIN. THERE'S THE DRIVEWAY, THE PARKING LOTS, UH, AND THEN THE 60 FEET AND THEN THE HOMES JUST FOR CONTEXT. OKAY. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? SO THE APPLICANT COME FORWARD. HI. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. UH, GOOD AFTERNOON, UH, BOARD MEMBERS. MY NAME IS RENEE MORALES. I'M THE, UH, APPLICANT FOR THE, UH, VARIANCE FOR THE PROPERTY LOCATED AT 92 35 MARBA. I'M SORRY. UH, MAINLY THIS PROPERTY IS, IS OWNED C3 COMMERCIAL. CAN YOU GET CLOSER TO THE BACK? THANK YOU. THIS PROPERTY IS, IS, IS, UH, PROPERLY ZONE C3 COMMERCIAL, AND THE REQUEST IS FOR A FOOT, UH, UH, A TRUCK FOOT COURT AND, UH, WHICH IS, UH, PERMITTED WITHIN THIS ZONING. AND, UH, THE ONLY ISSUE IT'S THE, UH, TO MOVE FORWARD WITH THIS PROJECT IS THE 200 FEET. UH, DUE TO THE EXISTING CONDITIONS OF THE LOT AND SURROUNDING, UH, DEVELOPMENTS, THIS CREATES AN UNNECESSARY HARDSHIP ON THE PROPERTY THAT IS OTHERWISE APPROPRIATELY SEW FOR THIS TYPE OF USE. UH, THE, THE PROJECT HAS BEEN, UH, DESIGNED WITH, UH, CONSIDERATIONS FOR THE NEARBY RESIDENTS. UH, AND WE ARE PROPOSING LIMITED HOURS OF USAGE, NON AMPLIFIED OUTDOOR MUSIC, NON, UH, DIRECT LIGHT AWAY FROM, UH, RESIDENTIAL PROPERTIES, UH, DAILY TRASH MAINTENANCE AND LANDSCAPING AND VISUAL BUFFERING ALONG THE RESIDENTIAL SIDE. UH, THESE MEASUREMENTS WILL ENSURE, UH, HARMONY WITHIN THE SURROUNDING PROPERTIES WHILE MAINTAINING A COMMERCIAL CHARACTER OF THE DISTRICT. UM, THIS REQUEST ALLOWS, UH, RESPONSIBLE USE FOR THE COMMERCIAL ZONING PROPERTY THAT SUPPORTS A LOCAL BUSINESSES AND ACTIVITIES. UH, THIS HARDSHIP IS DUE TO THE UNIQUE SIDE CONDITION THAT WERE NOT CREATED BY, BY OWNERS. SO FOR THIS REASON, I RESPECTFULLY, UH, REQUEST YOUR SUPPORT. ALRIGHT, THANK YOU VERY MUCH. A ONE QUICK QUESTION. UH, THERE IS AN EXISTING SIGN THAT SHOWS ON, ON SOME OF THE STAFF PICTURES FOR A RESTAURANT, A MEXICAN RESTAURANT COMING SOON. IS THAT FOR THIS LOT OR YOUR NEIGHBOR? ORIGINALLY IT WAS GONNA BE A RESTAURANT AND, UH, IT DIDN'T GO THROUGH. THE OWNER, UH, HAD FINANCIAL PROBLEMS AND THEY MODIFIED THE INVESTMENT WAS GONNA BE TOO MUCH AND THEY DECIDE TO DO SOMETHING TO A SMALLER GRADE. AND THIS WAS ONE OPTION. AND FOR STAFF, UH, ONE OF THE RENDERINGS SHOWED A VERY LARGE, UH, DISPLAY OR TELEVISION OR WHATNOT. IS THERE ANY RULES ABOUT HOW SOMETHING LIKE THAT BEING PROVIDED LIKE RIGHT ABOVE THE BAR R SO THAT'S NOT, THAT DOESN'T COUNT AS A DISPLAY SIGN THAT, CAN YOU HAVE A BIG TV LIKE THAT? I MEAN, I, I BELIEVE THE, THERE IS A NR DISTRICT WHICH RESTRICTS NOISE. UM, THIS ISN'T ONE OF THOSE DISTRICTS. UM, AS FAR AS THE ACTUAL, ARE YOU TALKING LIKE THE HEIGHT OF THE DISPLAY OR JUST HAVING A DISPLAY AT ALL? OR LIKE, I GUESS WHAT IS THE CRUX OF THE QUESTION? THEY COULD DO SUCH A THING IN A C3, WHETHER OR NOT THEY COULD HAVE AN OUTDOOR DISPLAY. UM, I DON'T HAVE THE ANSWER OFF THE TOP OF MY HEAD. I COULD LOOK FOR THAT. UM, I DON'T KNOW IF OKAY. I WOULD BELIEVE IT'S NOT EXACTLY A USE, SO IT'S NOT REALLY A ZONING QUESTION. IT'D PROBABLY BE SOMETHING THAT OUR SCIENCE DEPARTMENT OR, UM, BASICALLY BECAUSE YOU KNOW HOW YOU HAVE TO HAVE SCREENING FOR CERTAIN THINGS OR OUTDOOR STORAGE COMES INTO PLAY IN SOME INSTANCES. I DIDN'T KNOW IF A LARGE SCREEN LIKE THAT WOULD BE SOMETHING THAT NEEDED. I MEAN, WE DEFINITELY WOULD HAVE NUISANCE, YOU KNOW, POTENTIAL NUISANCE IF IT WAS LATE AT NIGHT OR, YOU KNOW, OUTSIDE CERTAIN HOURS THAT COULD NEGATIVELY IMPACT THE NEIGHBORS. UM, SO AGAIN, THOSE ARE ITEMS THAT WOULD BE DISCUSSED WHEN THEY GET FURTHER DOWN IN THE PERMITTING STAGE. OKAY. UH, COMMISSIONER QUESTIONS, BRAMAN, COMMISSIONER BRA WITH, UM, YOU MENTIONED THAT YOU WERE GONNA [03:10:01] DO A LANDSCAPE BUFFER. OH, DEFINITELY. UH, CAN YOU TELL US WHERE AND HOW WIDE COULD YOU SHOW? YEAH, THE, UH, NOT ON THAT ONE, BUT ON, UM, IT IS, WE HAVE ON A SITE PLAN, 50 60 FEET PLUS THERE'S A POINTER. THERE'S A POINTER THERE ON THE PODIUM. OH YEAH, YEAH. IF YOU CAN SHOW US WHERE THE, THE LANDSCAPE BUFFER WOULD BE AND TELL US HOW WIDE IT WOULD BE. OKAY. WE, WE HAVE THE, UH, WE HAVE THE, THE BACK, UH, BUFFER ALREADY THAT BETWEEN THE, THE, THE BUFFER AND THE PARKING LOT BY THE, BY THE TRUCKS. UH, WE HAVE ANOTHER PROBABLY 90 FEET OR SO. SO EVENTUALLY FROM THE FOOD TRUCK TO THE, UH, TO THE FENCE OF THE, OF THE HOMES PROBABLY BE LIKE 150 FEET OR MORE. AND, UH, WE ARE GONNA HAVE ALONG THE, THE, THE PARKING LOT WE GONNA HAVE, WE COULD HAVE, WE HAVE VEGETATION, WE, WE HAVE LANDSCAPING AND, UH, A FENCE, WOOD FENCE. AND, UH, IF, IF ALLOWED BY THE CITY, WE WANNA DO A SIX FOOT FENCE. IF WE ARE, IF WE ARE ALLOWED TO DO A EIGHT FOOT FENCE, EVEN BETTER. I MEAN, I, THE THING IS WE WANT TO COMPLY WITH REGULATIONS AND BE, UH, UH, IN HARMONY WITH THE NEIGHBORS. SO HOW WIDE DO YOU EXPECT THAT LANDSCAPE BUFFER TO BE? WELL, IT HAS TO BE FROM SIDE TO SIDE, WHATEVER OUR PROPERTY IS. WE, WELL, ALRIGHT, LET ME REPHRASE THAT. HOW DEEP DO YOU EXPECT OH, OH, OH, . WELL, IT HAS TO BE, UH, WE, WE CAN DO ANY, ANY GREEN WITH, UH, IF WE CAN DO BUSHES, WE CAN DO TREES, CERTAIN TREES THAT WON'T GROW BIG ENOUGH WHERE THEY CAN, UH, UH, MINIMIZE THE, UH, THE SOUND THAT, THAT WE WILLING TO DO THAT. UH, AND PLUS THE, THE FENCE, WHICH IS A, IF IT'S, UH, A TALL FENCE, THE, THE, THE, THE MOST WE CAN GET OUT OF, I PROBABLY SAY FOOD FENCE THE MOST. AND THAT, THAT'S, THAT'S A GOOD SOUND BARRIER PLAN. OKAY. SO DO YOU HAVE A PLAN FOR A LANDSCAPE BUFFER? I MEAN, LIKE A PHYSICAL PLAN FOR IT. I KNOW THAT YOU'VE SUGGESTED THAT YOU'RE GONNA PUT IN BUSHES AND TREES, BUT IF YOU SPECIFIED IT'S GONNA BE A, AN EIGHT FOOT BUFFER, IT'S GONNA BE A 10 FOOT BUFFER. HAVE YOU DEVELOPED THAT YET? UH, WE, NO, NOT, WE WE'RE IN THE PROCESS OF OF OF, UH, WE HAVE PRETTY MUCH EVERYTHING, UH, LANDSCAPING, NO, AND THE UDC WOULD REQUIRE AT LEAST A 15 FOOT, UH, BUFFER ON THAT PROPERTY LINE WHEN THEY COME IN FOR PERMITTING. SO THERE YOU GO. THAT'S JUST ALONG THE, WE CAN DO, WE CAN COM THAT BUFFER'S ALONG THE FRONTAGE OR ARE WE TALKING ABOUT THE REAR? THE REAR REAR, YEAH, ON THE, ON THE BACK SIDE OF THE PROPERTY WITH WHERE THE NEIGHBORS, YES. SO THERE'S A C3 ABUTTING, AN R FOUR, YOU KNOW, THE R FOUR USE LIKE THAT IS A 15 FOOT TYPE C BUFFER. I WAS JUST CURIOUS IF THE 60 FOOT UTILITY EASEMENT WOULD CAUSED A REDUCTION OR REMOVAL OF THAT BUFFER IS, I THINK IT'S UNTOUCHED. I'M ALSO JUST GONNA ADD, I KNOW, SORRY JOEL. UM, THERE IS A STIPULATION THAT IF YOU'RE A BUDDING, IF IT'S A NON-RESIDENTIAL USE ON A RESIDENTIAL USE MATRIX, THE, UM, THEY KIND OF FOCUS ON A DIFFERENT DISTRICT. SO WE'RE NOT EXACTLY CERTAIN, IT'S NOT A HUNDRED PERCENT CERTAIN IF A BUFFER WOULD BE REQUIRED FROM AN INITIAL STANDPOINT. WE'LL SEE, I WOULD SAY NO. SO HERE IS HERE, BECAUSE I I, I'M READING THAT SECTION IN THE BUFFER CODE. AND SO USUALLY WHEN, WHEN YOU HEAR THE WORD DRAINAGE, I MEAN UTILITY EASEMENT, AN EASEMENT MEANS THAT THERE'S AN UNDERLYING OWNER. DO WE KNOW IS, IS THAT AN A UTILITY? RIGHT? IS THAT A DRAINAGE RIGHT OF WAY? OR IS, IS THERE, IS IT TRULY AN EASEMENT? GIMME A SECOND. I CAN CHECK. OKAY. THE, THE RIGHT OF WAY WOULD ELIMINATE THE BUFFER, RIGHT? THE RIGHT OF WAY WOULD PROBABLY YES, ELIMINATE THE BUFFER. BUT IF IT WAS AN EASEMENT, IT'S A ELECTRIC GAS EASEMENT WAY. IT'S TOO BIG. IT'S A MASSIVE CONCRETE DRAINAGE CHANNEL. SO MANNA COMMISSIONER, MANNA. SO IF WE LOOK AT THIS PLAN HERE, THAT'S DRAWN UP. SO ONE OF THE QUESTIONS THAT I WAS WONDERING AND, AND I ASKED A QUESTION KIND OF WITH REGARDS TO THE DISTANCE TO THE ACTUAL PARK ITSELF VERSUS THE PARKING, WHAT HAVE YOU, AND ONE OF THE QUESTIONS I WOULD WONDER IS IF, IF WE LOOK AT THIS PICTURE AS IT'S ORIENTED, AND I'LL JUST MAKE AN ASSUMPTION THAT THE NORTH IS ON TOP. SO IF WE WERE TO PUSH IT, UM, SOUTHEAST SO THAT THERE WAS JUST A SINGLE LANE ALL THE WAY AROUND SO THAT THE VEHICLES COULD GET TO IT AND PARK BUT NOT HAVE PARKING THERE, UM, THAT BASICALLY WOULD PUSH IT ALL THE WAY AGAINST AND, AND, YOU KNOW, NOT PROVIDING ANY PARKING THERE WHERE THEY COULD PROVIDE PARKING ON THE OTHER SIDE AND DO AND DO DOUBLE LANE PARKING POTENTIALLY. AND SO IS THAT A POSSIBILITY THERE FROM THAT PERSPECTIVE? 'CAUSE I'M TRYING TO FIND, YOU KNOW, PROVIDE THE DISTANCE BETWEEN THE, THE NEIGHBORS, YOU KNOW, THE, THE, THE 200 FOOT AND GET YOU CLOSER TO 200 FOOT. 'CAUSE I THINK PER YOUR DIALOGUE, THAT PUTS IT CLOSER PROBABLY TO 150 FEET AWAY, UM, OR MORE. AND, AND, AND MAY GET THE 200 FEET OR CLOSER TO THAT BY ELIMINATING THAT SPACE THERE ON TOP. [03:15:01] OKAY. OKAY. I SEE WHAT YOU'RE SAYING. YEAH, PROBABLY WE CAN WORK SOMETHING AROUND AND, AND, AND, UH, REARRANGE THE, THE LAYOUT. SO DOES THAT MAKE SENSE WHAT IT, WHAT IT SAID TO EVERYBODY? SO, SO IF WE MOVE IT SO THAT THE PARK, THE TRUCKS ARE PARKING ON THE SOUTH, WE'LL SAY ON THE SOUTH PORTION OF THIS, AND THEY ALLOWS FOR SPACE TO MOVE AROUND FOR TRUCKS ONLY AND NO CARS. AND SO BASICALLY JUST PARKING AND, AND PUSHES EVERYTHING SOUTH. UH, YEAH. SO ONE ISSUE WOULD BE IS THE CODE REQUIRES A 200 FOOT SEPARATION. CAN THE BOARD HA CAN LIST A SPECIFIC NUMBER TO REDUCE THAT. BUT, BUT THAT'S TO THE PROPERTY LINE OR TO THE ACTUAL TRUCKS? IT'S TO THE PROPERTY LINES OR PROPERTY LINE. SO WE MAY NOT BE ABLE TO AUGMENT, BUT, BUT IF HE SAID PER DESIGN AND HE STATED HERE'S HOW HE'S GONNA DESIGN IT, COULD THAT BE DONE? YOU KNOW, WE'VE, WE'VE HAD THOSE KIND OF, OF DIALOGUES IN THE PAST. I JUST YEAH, WE DON'T GET A LOT OF THESE. IS THAT SOMETHING THAT COULD BE INCLUDED IN, BECAUSE THE, UH, LANGUAGE IN THE CODE IS THE PROPERTY LINE. THE PROPERTY LINE. UM, AT THAT POINT YOU'RE ADDING A STANDARD, UM, WHICH I DON'T THINK WE'VE DONE BEFORE. UM, SO IF YOU'RE SAYING THE NEAREST FOOD TRUCK CAN'T BE WITHIN, FOR EXAMPLE, A HUNDRED FEET, THAT'S JUST INTRODUCING A NEW STANDARD AND I DON'T BELIEVE WE'VE DONE THAT BEFORE. OKAY. OKAY. SO WE, YEAH, THERE'S NO, THERE'S NO WAY TO LOCK THAT INTO A MOTION. SO THAT'S CHAIR. YES. COMMISSIONER, DEAN, UH, REGARDING YOUR, THE TRAFFIC, ARE YOU GONNA HAVE TWO-WAY TRAFFIC? HOW WIDE IS THERE YOUR STREET? UM, LIKE DRIVEWAY AND, UH, IT, IT, YEAH, IT WAS CONSIDERED THAT IT IS FOR TWO, TWO VEHICLE LANE. AND THE FIRE AND THE FIRE LANE HAS TO, I MEAN, WE HAVE, WE DESIGNED IT LIKE THIS BECAUSE OF THE FIRE, FIRE CODE AND FIRE LANE. AND UH, IT'S, IT HAS ENOUGH SPACE FOR, FOR TWO VEHICLES AT ONCE. AND JUST REAL QUICK, FOR THE REAR, IT LOOKS LIKE THERE IS A, THE 60 FOOT DRAINAGE EASEMENT, BUT THERE IS ALSO A 28 FOOT ELECTRICAL AND GAS EASEMENT, WHICH LOOKS LIKE IT'S HALF ON THE PROPERTY AND HALF WITH THE DRAINAGE. SO IT LOOKS LIKE THEY'RE, SO THEY'RE REAR, SO THE DRAINAGE EASEMENT IS PART OF THE COMMERCIAL LOT. THE NO, THE DRAINAGE EASEMENT IS NOT, BUT THE ELECTRICAL AND GAS EASEMENT IS, UM, HALF OF IT IS PART OF, IS IN THE DRAINAGE EASEMENT AND HALF OF IT IS IN THE COMMERCIAL LOT. SO IT LOOKS LIKE THAT'S GONNA TAKE CARE OF THEIR BUFFER. SO THEY WON'T HAVE A BUFFER. CORRECT. THE, THE EASEMENT THAT'S ON THEIR PROPERTY WOULD TAKE CARE OF THE REQUIRED BUFFER EVEN IF THEY WERE MEANT TO PUT A BUFFER IN THERE. OKAY. BRAGMAN? YES. COMMISSIONER BRAGMAN. SO IF THEY WANTED TO PUT BUFFER, BUFFER A LANDSCAPE BUFFER, CAN THEY PUT IT ON TOP OF THAT, UM, UTILITY EASEMENT THAT'S ON THE COMMERCIAL LOT? I WOULD'VE TO DOUBLE CHECK WITH, UH, OUR TREE DEPARTMENT. UM, I BELIEVE IN PREVIOUS CASES I HAVE HEARD THAT THEY DO PUT IT ON TOP, BUT I'D HAVE TO GET VERIFICATION FOR THE TREE DEPARTMENT. I MEAN, 'CAUSE IT SOUNDS LIKE THAT'S WHAT HE'S WANTING TO DO, SO. CORRECT. UM, AND THE POINT I WAS JUST MAKING IT, IT JUST SEEMS LIKE IT'S NOT REQUIRED. YEAH. ANY OTHER COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA. AND I KNOW THAT, SO IN THE CODE, THERE'S, THERE'S TWO TYPES OF BUFFERS. UM, AND SO ONE IS A LANDSCAPE BUFFER, UM, THAT EXISTS. AND I KNOW THAT THE EXAMPLE THAT I CAN THINK OF IS IF YOU HAVE AN RE LOT AND YOU PUT IN A SUB RE LOT NEW PLATING THAT IT REQUIRES, UM, A I WANNA SAY IT'S A 50 FOOT ADDITIONAL BUFFER ON TOP OF THAT, BUT IT'S NOT A LANDSCAPE BUFFER. UM, AND SO, SO CAN THAT BE LEVERAGED AT ALL? SO I'M JUST TRYING TO FIGURE OUT HOW TO ADD TO THE BUFFERING THERE. 'CAUSE IF WE COME UP WITH THE LANDSCAPE BUFFER AND POTENTIALLY THAT OTHER, THAT OTHER DESCRIPTION OF BUFFER, UM, YOU KNOW, I DON'T KNOW. SO JUST TRYING TO FIGURE OUT HOW TO GET, DRIVE SOME MORE SPACING USING OUR EXISTING CODE. BRAGMAN? YES. COMMISSIONER BRAGMAN, UH, HOW TALL A FENCE CAN HE PUT UP IN THE BACK THERE? THEY CAN PUT UP TO AN EIGHT FOOT FENCE. OKAY. SO YOU CAN PUT AN EIGHT FOOT FENCE UP IN THE BACK THERE. WELL, WE CAN DO THAT. UH, YES. COMMISSIONER REQUIRED SIX FOOT FENCE, BUT THEY CAN'T PUT UP A FOOT FENCE. UH, THE FOOD TRUCKS YOU HAVE THERE, ARE THEY GONNA PLUG IN OR ARE THEY GONNA BE OFF GENERATORS? UH, IT'S GONNA BE PLUGGED IN. POWER WILL BE AVAILABLE FOR THAT. GOTCHA. FOR EVERY TRUCK. KEEP KEEP NOISE DOWN. OKAY. YES. THANK YOU. OKAY. ANY OTHER QUESTIONS? UH, REAL, REAL QUICK. I GOT ONE FOR THE CITY. I GUESS IT'S JUST CURIOSITY MORE THAN ANYTHING ELSE. IF, UM, IF THEY WERE TO PUT LIKE A, A RESTAURANT, A SPORTS BAR THERE, WOULD THEY HAVE THIS 200 FOOT BUFFER? THEY WOULD NOT. GOTCHA. SO THEY COULD AND THEY COULD OPERATE TILL TWO IN THE MORNING AND, AND DO THEIR THING AND AS LONG AS AGAIN, THAT THEY'RE FOLLOWING NUISANCE [03:20:01] ORDINANCES, RIGHT? YEAH. BUT, OKAY. SO RESTAURANT, UM, NO. 200 BUFFER FOOD COURT? YES. OKAY. THANK YOU. ALL RIGHT, ANY OTHER QUESTIONS? ALL RIGHT. IS THERE ANYONE TIME TO SPEAK ON THIS CASE? NO. PUBLIC COMMENT. ALL RIGHT. SO AT THIS TIME WE'RE GONNA LOOK FOR A MOTION AND SEE HOW THIS, THIS TURNS OUT. THANK YOU, SIR. ALL RIGHT. SO WHO'D LIKE TO MAKE A MOTION ON THIS CASE? BRAGMAN COMMISSIONER BRAGG, COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH TWO SIX DASH 0 3 0 0 0 4 4 A MOVE THE BOARD OF ADJUSTMENT. GRANTED REQUEST FOR THE, THE ELIMINATION OF THE REQUIRED 200 FOOT SEPARATION TO ALLOW THE USE OF MOBILE FOOD COURT WITHIN 200 FEET OF A RESIDENTIAL LOT OR USE SITUATED AT 9 2 3 5 MARBACH ROAD APPLICANT BEING RENEE MORALES. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS, WE'VE DETERMINED SHOW THAT 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 GRANTING THIS VARIANCE WOULD ADEQUATELY SUPPORT THE PUBLIC INTEREST IN PROVIDING TRANSITIONS BETWEEN USES OF VARYING I INTENSITY AND PRESERVATION OF PRIVACY AND SECURITY FOR EX EXISTING RESIDENTIAL USES. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PREVENT THE REASONABLE DEVELOPMENT OF THE SUBJECT PROPERTY WITHOUT SUBSTANTIAL CHANGE TO THE PROPOSED USED OR ESTABLISHED LOT CONFIGURATION. BUT THREE, BY GRANTING THE VARIANCE FURTHER OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THIS VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THE NEAREST RESIDENTIAL SINGLE FAMILY, UH, ZONING DISTRICT IS NOT OCCUPIED BY SINGLE FAMILY RESIDENTIAL USE, BUT RATHER BY DRAINAGE. EASEMENT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED 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. THERE ARE ARTERIAL THOROUGH FARE IN THE SURROUNDING AREA WOULD NOT BE SUBSTANTIALLY ALTERED BY THE ESTABLISHMENT OF THIS USE, WHICH IS PERMITTED BY RIGHT AND APPROPRIATE FOR THIS AREA. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCES SAUDIS DO 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, ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE P THE OWNER FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE ZONING DESIGNATION OF THE PROPERTY ABUTTING THE NORTH, BEING ZONED BY A SINGLE FAMILY RESIDENTIAL USE, BUT BEING OCCUPIED BY A DRAINAGE EASEMENT GIVEN THE UNLIKELIHOOD THAT THIS PROPERTY WILL BE DEVELOPED FOR SINGLE FAMILY RESIDENTIAL USE IN THE FUTURE. GRANTING THIS VARIANCE IS APPROPRIATE. END OF MOTION. SECOND. SECOND BY COMMISSIONER BONILLA. COMMISSIONER BRAGMAN. UM, YEAH, I I THINK THAT THE APPLICANT, UM, HAS THOUGHT THIS THROUGH VERY WELL AND WANTS TO BE A GOOD CITIZEN AND A GOOD, UH, NEIGHBOR TO THE RESIDENTIAL AREA. UM, HE SAID THAT HE'S GONNA PUT IN A LANDSCAPE BUFFER. HE'S GONNA PUT IN AN EIGHT FOOT FENCE. UM, AND SO, AND, AND THAT HE'S LIMITING THE HOURS, THE OPERATION, THERE'LL BE NO, UH, LIGHT THAT ARE GONNA BE CAST DIRECTLY INTO THE, THE HOMES. UM, SO I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. COMMISSIONER BEEZ? YEAH, I'LL ALSO BE IN SUPPORT, UH, FOR ALL THE, UM, REASONS LISTED BY COMMISSIONER BRAGMAN. I THINK THIS IS A BETTER ALTERNATIVE TO OTHER ESTABLISHMENTS YOU COULD PUT THERE. UM, I THINK IT'S MORE WELCOMING FOR FAMILIES OF THE AREA, SO I'LL BE IN SUPPORT. ALL RIGHT. ANYONE ELSE LIKE TO ADD MANNA? YES. COMMISSIONER MANNA. SO, SO UNFORTUNATELY I WON'T BE IN FAVOR AND SIMPLY, UM, I JUST, UM, HAVE SOME QUESTIONS WITH REGARDS TO FOOD COURTS AND THEN ALSO BECAUSE WE DON'T HAVE THE ABILITY TO LIMIT IT, IT IS GONNA POTENTIALLY, UH, LEAVE IT A LITTLE BIT MORE VULNERABLE FOR THAT NEIGHBORHOOD. SO I WILL NOT BE SUPPORTING IT. OKAY. ANYONE ELSE? UH, I JUST WANTED TO ADD THAT, UM, YEAH, I DID FIND THE PLATS AND STAFF WAS CORRECT. IT, IT, IT, IT IS A 60 FOOT DRAINAGE EASEMENT. IT'S NOT A RIGHT OF WAY. UM, IT, UH, APPARENTLY DOESN'T SEEM TO HAVE AN OWNER. IT WAS VERY ODD. IT WAS PLATTED AS AN OFFSITE EASEMENT A LONG, LONG TIME AGO. AND, UH, THERE'S ALSO A 20 SOME ODD FOOT BEARABLE WITH, UH, ELECTRIC AND GAS EASEMENT BEHIND IT. SO THERE'S, IT'S, IT'S GONNA BE PROBABLY 80 FEET BEFORE YOU HIT THE BACK FENCE OF THE NEXT HOUSE. SO, UM, I'LL, I'LL BE IN SUPPORT OF THIS ONE. SO LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER BRAGMAN. [03:25:01] I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BEES, I CONCUR. COMMISSIONER QUEZ, I CONCUR. CHAIR ORIAN AND I CARE WITH THE ADVISE OF FACT. MOTION PASSES NINE TO ONE IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF. ALL RIGHT, WE ARE ON ITEM NUMBER 10. GOOD AFTERNOON COMMISSIONERS. JOEL VELA, SENIOR PLANNER BOARD OF ADJUSTMENT. ITEM NUMBER 10 IS BOA DASH 26 DASH 0 3 0 0 0 4 7. UH, THIS IS A REQUEST BY EXCEL ENGINEERING IN DISTRICT TWO AT 1434 AUSTIN HIGHWAY. UH, THIS IS A REQUEST FOR A VARIANCE FROM THE MC THREE DESIGN STANDARDS TO ALLOW A DRIVE THROUGH, OR EXCUSE ME, TO ALLOW A DRIVE-THROUGH QUEUING LANES IN THE FRONT YARD. UH, THE SUBJECT PROPERTY IS LOCATED SOUTHWEST OF THE INTERSECTION OF AUSTIN HIGHWAY AND HARRY WARBUCK ROAD AND IS THE SITE OF A FORMER BANK. THE APPLICANT PROPOSES THE DEVELOPMENT OF A NEW FOOD SERVICE ESTABLISHMENT WITH A DRIVE-THROUGH LANE, WHICH ORIGINATES BEHIND THE STRUCTURE IN THE REAR AND TERMINATES IN FRONT OF THE BUILDING WITH THE PICKUP WINDOW BEING ON THE FRONT FACADE OF THE BUILDING. THE MC THREE DESIGN STANDARD SPECIFICALLY REQUIRES DRIVE-THROUGH QUEUING LANES TO BE LOCATED IN THE SIDE AND REAR YARDS ONLY, WHICH IS A TYPICAL DEVELOPMENT PATTERN OBSERVED AT VARIOUS FOOD SERVICE ESTABLISHMENTS IN THE IMMEDIATE VICINITY. UH, THE AUSTIN HIGHWAY HARRY WBA TAPS MEMORIAL BOULEVARD METROPOLITAN COR CORRIDOR OVERLAY DISTRICT, OR THE MC THREE WAS ADOPTED BY ORDINANCE, UH, IN MARCH OF 2012. UH, AND THIS IS JUST SOME BACKGROUND ON THE MC THREE, UH, EXCUSE ME, THAT SHOULD BE MC THREE IN THE TOP LEFT CORNER THERE. UH, AND JUST THE LANGUAGE FROM THAT BOOKLET REGARDING DRIVE-THROUGHS. AND HERE'S A SITE PLAN OF THE PROPOSED DEVELOPMENT AND THAT DRIVE-THROUGH LANE HIGHLIGHTED THERE IN ORANGE AND AN AERIAL VIEW OF THE SUBJECT PROPERTY AND THE SUBJECT PROPERTY AND SURROUNDING AREA. STAFF RECOMMENDATION FOR THE MC THREE VARIANCE STAFF RECOMMENDS DENIAL, UH, BASED ON THE FOLLOWING FINDINGS OF FACT. UH, THIS VARIANCE IS IN DIRECT CONTRAST TO A STIPULATION SET FORTH BY THE ADOPTION OF THE MC THREE OVERLAY DISTRICT AND WOULD ALLOW FOR VEHICLE VEHICLES QUEUED IN A DRIVE THROUGH LANE TO BLOCK THE VIEW OF THE BUILDING'S FRONT FACADE FROM THE STREET TO ALL OTHER FAST FOOD SERVICE ESTABLISHMENTS IN THE IMMEDIATE VICINITY CONSTRUCTED AFTER THE ADOPTION OF THE MC THREE OVERLAY DISTRICT WERE DESIGNED TO COMPLY WITH THIS STANDARD, UM, STAFF MAILED 17 NOTICES. ZERO WERE RETURNED IN OPPOSITION, ZERO RETURNED IN FAVOR, UH, AND NEITHER NEIGHBORHOOD ASSOCIATION RESPONDED. AND THIS CONCLUDES STAFF'S PRESENTATION, MANNA COMMISSIONER MANNA. WOULD THIS BE PERMITTED IN A, IN, IN A DISTRICT THAT WASN'T LABELED AT MC THREE? THAT'S CORRECT. AND THE MC THREE ONLY APPLIES, UH, ALONG THE AUSTIN HIGHWAY AND HARRY WBA CORRIDOR WITHIN SO MANY FEET DISTANCE OFF OF THE RIGHT OF WAY. THANK YOU. AND THEN MY QUESTION IS, IS, UM, IS IF THEY TRY TO REUSE THE EXISTING BUILDING, DID, DID, DID STAFF NOTICE WHETHER OR NOT A QUEUING LANE WAS POSSIBLE ANYWHERE? SO THIS IS ACTUALLY GONNA BE A NEW BUILDING. UM, OH, I APOLOGIZE. OKAY, GOTCHA. UM, SO I THOUGHT THEY WERE TRYING TO RE SO NO, THIS IS GONNA BE A NEW BUILDING. UM, BUT I DO BELIEVE THAT THE EXPLANATION OF THEIR, THEIR VARIANCE REQUEST HERE WAS BASED OFF OF SITE CONDITIONS REGARDED TO, YOU KNOW, DIFFERENT ACCESS POINTS THAT ARE CURRENTLY EXISTING, WHICH I THINK THEY WILL BE RE REUSING. OKAY. WELL THEN LET'S HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. HELLO, MY NAME IS MATTHEW PARMLEY. I'M THE DIRECTOR OF DEVELOPMENT FOR ROCK HAWAIIAN, THE FRANCHISE OPERATOR OF THE HAWAIIAN BROS, AND ALSO THE PROPERTY OWNER OF THE TOTAL STRIP CENTER. UM, WHILE WE'RE COMING TO, TO YOU TODAY IS, UH, WE'VE ROTATED THE BUILDING 90 DEGREES, WHICH PUTS THE DRIVE THROUGH LANE ON THE FRONT OF THE BUILDING. UM, IF WE ROTATED IT WITH HAVING THE, THE TWO STRIP CENTER SPACES NEXT TO THE HAWAIIAN BROS AND THE HAWAIIAN BROS, UM, ON THE LEFT SIDE, THERE'S NOT REALLY MUCH ROOM FOR THE FRONTAGE OF THE PARKING. UM, AS YOU KNOW, THERE'S ALSO THREE EXISTING ACCESS POINTS. WE PLAN ON ELIMINATING THE ONE ON THE FRONT NORTHEAST CORNER AND KEEPING THE TWO, UM, YEAH, THE, THE ONE OVER THERE BY THE, THE MAJOR TENANT SIGN. CAN WE GET HIM A POINTER ONE OVER THERE ON THE YEAH, WE GOT A POINTER THERE FOR YOU. DO YOU WANT YOUR SITE PLAN BROUGHT UP OR IS THIS ARIEL BETTER? UH, THE SITE PLAN ACTUALLY IS PROBABLY THE BEST. UH, SO YES, THIS IS EXISTING, THIS IS EXISTING, THIS IS EXISTING, WHICH WILL CLOSE OFF FOR THE DRIVE THROUGH QUEUING LANE. [03:30:01] IT CREATES A BETTER FLOW, UM, ESPECIALLY WITH THE TWO, UH, LEASE SPACES NEXT DOOR. UM, IF WE WERE TO PUT IT ON THE, THERE WOULDN'T BE A WHOLE LOT OF PARKING ON THE ACTUAL FRONTAGE OF THE BUILDING FOR THE, YOU KNOW, FOR THE ACCESS FOR THE OTHER TWO TENANTS AS WELL AS OUR RESTAURANT SPACE. UM, SO THIS IS, THIS WAS THE BEST DESIGN THAT THIS WAS THE BEST WAY WE FELT LIKE WE COULD ORIENT THE BUILDING WITH KEEPING, UH, ADEQUATE PARKING AND AS WELL AS HAVING GOOD TRAFFIC FLOW. UM, I WILL ALSO NOTE, UM, I SAW THAT THE NEIGHBORHOOD ASSOCIATIONS DIDN'T RESPOND. I ACTUALLY SPOKE WITH EDWARD GUTIERREZ, THE NEIGHBORHOOD ASSOCIATION PRESIDENT OF WILSHIRE VILLAGE LAST WEEK, AND HE WAS IN SUPPORTIVE OF US. I SPOKE WITH HIM FOR ABOUT 20 MINUTES ON THE PHONE. UM, IT'S PRETTY, UH, IT'S FOR US TO MAKE THIS DEVELOPMENT COME THROUGH, WE, WE HAVE TO ROTATE THE BUILDING. WE WOULD PUT THE DRIVE THROUGH ON THE SIDE OVER THERE, KIND OF IN THE NORTHEAST CORNER, BUT WE HAVE TO HAVE OUR UTILITY ACCESS AND OUR RECEIVING DOOR ACCESS ON THE BACK OF THE BUILDING. SO WE WOULDN'T BE ABLE TO PUT THE, THE DRIVE THROUGH WINDOW ON THE BACK OF THE BUILDING THERE. WE HAVE TO BE ABLE TO PUT IT THERE ON THE FRONT. UM, WE CERTAINLY WANT TO HAVE A, A NICE LOOKING BUILDING. UH, WE KIND OF GO ABOVE AND BEYOND WITH THE WAY WE DESIGN OUR BUILDINGS. UH, ALSO BACK HERE WE HAVE A PROPOSED ENHANCED LANDSCAPING AREA, UH, JUST TO GIVE IT MORE OF A NICE LOOK, KIND OF THE HAWAIIAN VIBE THAT WE GO FOR WITH HAWAIIAN BROS. SO LET'S, LET'S TALK ABOUT, UM, LANDSCAPE BUFFERS REALLY QUICK. DOES THE MC, UH, REQUIRE, UH, DIFFERENT OR, OR BUFFERING ALONG THE HIGHWAY THAN WHAT WOULD NORMALLY BE REQUIRED? HOLD ONE SECOND. OKAY. AND, AND ALSO, UH, WHILE YOU'RE UP HERE, IS THERE EXISTING, UH, UTILITIES THAT ARE RUNNING ALONG THE HIGHWAY? IT LOOKS LIKE YOU GOT SOME OVERHEAD ELECTRIC OR SOMETHING RUNNING THERE. IT DOES LOOK, WE HAVE, UH, THERE'S THREE TRANSFORMERS, RIGHT? ACTUALLY, IF YOU WANNA GO TO THE AERIAL SHOT, UM, THERE'S THREE TRANSFORMERS RIGHT HERE ON THE POWER POLE. THERE'S ALSO AN EXISTING STORM DRAIN LINE THAT WE PLAN TO UTILIZE, UH, WITH OUR DEVELOPMENT THAT'S EXISTING THERE BECAUSE ONE, ONE, WHAT I'M LOOKING FOR IS, IS, YOU KNOW, YOU, YOU LOOK AT THE THINGS YOU CAN'T CHANGE, LIKE YOU HAVE UNDERGROUND STORM GRAINS THAT MAYBE YOU CAN'T CHANGE AND, AND OVERHEAD ELECTRIC THAT YOU CAN'T CHANGE. UH, IF THERE'S A BUFFER REQUIRED ALONG AUSTIN HIGHWAY AND YOU CAN'T PLANT TREES WITHIN THE EASEMENT, THEN, YOU KNOW, WITH AUSTIN HIGHWAY, I THINK THAT'S TEXT O ISN'T THAT, UH, IT IS, IT'S LOOP 360 8. SO THAT MEANS THAT COULD THEY INVOKE THE, IF THERE IS A BUFFER REQUIREMENT 'CAUSE IT'S AN ARTERIAL, THEN THEY WOULD BE ABLE TO INVOKE THAT. AND BECAUSE THERE'S INFRASTRUCTURE THERE, WOULDN'T THEY BE ABLE TO TO HAVE A FIVE FOOT BUFFER AFTER THAT? I'M TRYING TO SEE WHAT, WHAT SORT OF LIMITATIONS THEY HAVE OF HOW CLOSE THE SINK COULD GET TO THE FRONT AND WHAT SORT OF SCREENING WOULD BE AVAILABLE, YOU KNOW, BASED ON THE BUFFER. YEAH, SO IT DOES SAY THAT, UH, THERE'S A B BUFFER FOR ANY C3 PROPERTIES, UM, ALONG IN ARTERIAL, BUT ALSO THAT THE MC THE, UM, METROPOLITAN CORRIDOR ALSO ENFORCES A B BUFFER THAT'S A 10 FOOT 15 FOOT 15 FOOT? CORRECT. OKAY. AND THEN THE, AND THEN THERE'S THAT FOOTNOTE, UH, THAT ACTUALLY STEMMED FROM THIS BOARD THAT SAID THAT IF YOU HAVE A HIGHWAY, A TEXTILE ROAD AND THERE'S, AND, AND YOU HAVE, UH, AN EASEMENT WITH INFRASTRUCTURE IN IT AND THE BUFFER CAN, YOU CAN USE A FIVE FOOT PLANNING STRIP. I COULD NOT, UH OKAY. SAY YAY OR NAY SINCE THAT IS LANDSCAPING'S. OKAY. YEAH. , I'M JUST TRYING TO FIGURE OUT LIKE WHAT'S THE LIKELIHOOD OF THIS BEING SCREENED, UH, FROM THE ROAD, WHICH WOULD, WHICH WOULD PROBABLY HELP GET SOME PEOPLE BEHIND THIS. I DID SEE, AND I THINK IT'S CODE M FIVE, THAT THERE'D BE A THREE FOOT LIVING SCREEN TO HELP SCREEN THE QUEUING AND IT APPEARS THAT CHICK-FIL-A CANS AND WENDY'S WHO ALL KIND OF HAVE THEIR DRIVE THROUGH LANES KIND OF SPILLING INTO THE FRONTAGE AS WELL OF THE BUILDING HAVE DONE THAT. OKAY. UM, WE'D CERTAINLY BE OPEN TO ADDING A THREE FOOT LIVING SCREEN THERE AS IT'S STATED IN M FIVE OF THE DESIGN STANDARDS. OKAY. REED? YES. COMMISSIONER REED? YES. UH, SINCE YOU PLAN TO HAVE THAT LANDSCAPE AREA IN THE REAR, UM, WAS THERE ANY THOUGHT INTO PUTTING IT INTO JUST MOVING THE BUILDING BACK AND PUTTING THAT LANDSCAPE IN THE FRONT TO SHIELD THE, UH, DRIVE THROUGH? I MEAN, TYPICALLY IN QUICK SERVE WITH THE CONVENIENCE BUSINESS, WE TYPICALLY DON'T LIKE TO DO THAT . UM, BUT UH, WE COULD CERTAINLY DISCUSS WITH STAFF AND WHATEVER LANDSCAPING BUFFERS THAT WE MAY NEED TO DO. MANA COMMISSIONER MANNA. SO I'M NOT FAMILIAR WITH, UM, THE MCS, UM, AS WELL AS I AM OTHER OR, OR OTHER GROUPS. AND SO, SO AS, UM, THESE TYPES OF PROJECTS COME UP, ARE THOSE GROUPS ENGAGED AT ALL? YOU KNOW, LIKE OTHER CORRIDOR PLANS, UM, VERSUS THIS ONE HERE AND SO, AND WOULD WE KNOW WHO TO GO TO [03:35:01] THAT PROVIDED, 'CAUSE THIS INPUT CAME IN FROM WHATEVER IT WAS, UH, 20 YEARS AGO, I GUESS, WHEN THIS PLAN CAME TO BE, OR, OR 15 YEARS AGO. AND SO, SO ONCE THEY LAY IT OUT, IS THERE ANYBODY KEEPING UP WITH IT TO SAY, YES, THIS IS WHAT WE, WE STILL WANT TO PROMOTE? OR IS IT JUST THROWN OUT THERE THEN THE CITY KIND OF TRIES TO BE AS COMPLIANT AS IT CAN? SO, SO WHAT IS THE GOVERNANCE OR OVERALL LONG-TERM VIEW OF THESE AS WE KINDA GO THROUGH THEM? I'M TRYING TO, I DON'T BELIEVE THAT THERE'S ANY PROCESS TO REVISIT THESE CORRIDOR PLANS IN THE FUTURE. BASICALLY THEY WANNA PROMOTE, UM, SOMETHING OF A SIMILAR NATURE OR LOOK FOR THESE CORRIDORS AND THAT'S EXACTLY WHAT THEY ADOPT. I WOULD, IF ANYBODY WAS TO AMEND THEM, THEY WOULD HAVE TO BE DONE WITH A CCR, WHICH WOULD BE CITY COUNCIL REQUEST. BUT WHERE I'M, I GUESS KIND OF ONE OF THE THINGS I'M GOING TO IS, YOU KNOW, WAS, WAS ANYBODY WHO'S ENGAGED IN THIS QUARTER PLAN WHERE THEY NOTIFIED THAT THERE WAS THIS REQUEST COMING IN? 'CAUSE IT'S LIKELY BUT NOT WITHIN THE 200 FEET. AND YOU KNOW, I LOOK AT BIGGER PLANS LIKE THE BANDERA PLAN THAT I'M ENGAGED WITH. AND SO AS THINGS GO UP ON IT, I'M NOT GONNA BE TOLD. AND SO SOME CHANGES THAT WE ARE PUTTING IN, YOU KNOW, MAY OR MAY NOT BE DISCUSSED UNLESS I HAPPEN TO DRIVE BY AND SEE THAT A SIGNS POSTED. UM, AND SO JUST TRYING TO FIGURE OUT HOW WE ABIDE BY THE COMMUNITY'S INPUT AND, YOU KNOW, AND THE COMMUNITY'S BUSINESSES AND EVERYBODY ELSE, UM, AS THESE ARE DESIGNED AND, AND ARE WE CHANGING 'EM ON THE FLY, YOU KNOW, THROUGH THESE DIALOGUES. AND NOT THAT I THINK THIS IS NOT NECESSARILY A BAD SOLUTION, BUT, YOU KNOW, I WANT TO MAKE SURE THAT, YOU KNOW, WE ARE FOLLOWING THROUGH WITH, WITH WHAT IT IS THAT EVERYONE KIND OF AGREED TO EARLIER. SO, YEAH. SO WHILE, WHILE THESE PLANS ARE NOT LIKE SPECIFIC LIKE IT DID FOR NEIGHBORHOOD CONSERVATION DISTRICT FOR LIKE EXAMPLE, LIKE THE TOBIN HILL I THINK RESPONDED AT ONE POINT FOR, UH, UH, FOR THE MCCULLOUGH, UM, OF VARIANCE THAT WE HAD. UM, I KNOW THE SAN PEDRO, I THINK, UM, ALTA VISTA IN THE PAST RESPONDED TO THAT. SO IT, IT WAS NOT LIKE A SET CORRIDOR TO A NEIGHBORHOOD CONSERVATION DISTRICT, BUT THE NEIGHBORHOOD ASSOCIATIONS AREN'T NOTIFIED AND THEY HAVE TIMES TO RESPOND. SO JUST LOOKING AT THE ACTUAL DOCUMENT TOO, IT TALKS ABOUT THE PUBLIC INVOLVEMENT. AND SO THERE WERE MEETINGS HELD BACK IN 2011 TO INFORM PUBLIC ABOUT THE PLANNING PROGRAM FOR THESE METROPOLITAN CORRIDORS. AND SO IT WAS INITIATED BY A CCR, THE CITY COUNCIL REQUESTS, BUT IT DOES LOOK LIKE, UM, MUST, I BELIEVE IT WAS THE PLANNING DEPARTMENT. THEY'RE THE ONES WHO DID CREATE, UH, PUBLIC MEETINGS TO GET FOLKS INVOLVED THAT WERE ALONG THE CORRIDORS, THE ESTABLISHED LOCATION. AND I KNOW THAT THEY ACTUALLY JUST FINISHED ANOTHER ONE IN DISTRICT 10, WHICH AGAIN, THEY HAD, UM, PUBLIC FEEDBACK. I BELIEVE RECENTLY WE HAD THE, LIKE WITHIN THE LAST YEAR, YEAR AND A HALF, WE HAD TO SIGN VARIANCES ARE FOR THE CORRIDOR, WHICH I BELIEVE THE NEIGHBORHOOD ASSOCIATIONS, I FORGOT WHICH ONE THEY WERE REALLY VOCAL ABOUT IT, BUT I FORGET EXACTLY WHICH ONE. SO THEY'RE NOTIFIED AND OKAY. AND I'D LIKE TO ALSO ADD THAT IF YOU LOOK AT THE AERIAL ON THIS, ONE THING THAT'S ODD IF IS THAT THE PUBLIC SIDEWALK IS ACTUALLY ALL THE WAY AGAINST THE PROPERTY LINE. AND IT, IT JUST SEEMS SO STRANGE. LIKE THE CURRENT PARKING IS, THE CARS ARE PARKING UP AGAINST THE PUBLIC RIGHT OF WAY SIDEWALK. AND UM, YOU KNOW, IF I, IF YOU PUT A DRIVE THROUGH WINDOW THERE, IT'S, IT'S JUST GONNA, I KNOW IT'S GONNA SEEM KIND OF STRANGE, BUT, UH, DID YOU LIKE TO COMMENT ON THAT? I MEAN, DID YOU, IS THAT SOMETHING LIKE WHAT KIND OF, HOW FAR AWAY WOULD THIS THING BE FROM THAT PUBLIC SIDEWALK? I THINK IT'S WALK UP, DRIVE THROUGH, WALK UP, NO, . UM, IF WE NEED TO PUT A LITTLE BIT OF A SPACER THERE, LIKE A LANDSCAPE BUFFER OR LIKE A, LIKE A, LIKE WE TALKED ABOUT, YEAH, SO THAT A LIVING SCREEN OR SOMETHING TO SEPARATE THE SIDEWALK AND THEN THE, THE, THE DRIVE THROUGH. LIKE, SO HERE'S THE, THE PROBLEM IS WE CAN ONLY VOTE ON WHAT'S IT BEFORE US. AND SO LIKE THAT IF THIS WERE TO PASS AND YOU WERE TO MOVE FORWARD, YOU'RE GONNA GO THROUGH IN THE, IN THE BUFFER CODE SAYS THAT WHEN YOU'RE ABUTTING A SECONDARY TRAILER, PRIMARY TRAILER OR A COLLECTOR WHERE YOU HAVE A EASEMENT THAT PRECLUDE THE REVISION OF THE BUFFER, YOU CAN GO RIGHT TO A FIVE FOOT PLANTING STRIP RIGHT OUTSIDE OF IT. SO YOU HAVE THAT PROPERTY LINE, YOU HAVE A, A SIDEWALK, YOU HAVE THE CPS EASEMENT, YOU GOT FIVE FEET AND THEN THAT'S IT. YOU CAN, YOU CAN PUT YOUR DRIVE THROUGH AND THAT'S THAT, THAT'S IN, THAT'S IN THE BUFFER REGULATIONS. AND DOES, DOES A BUFFER REGULATIONS, LIKE IF THE MC REQUIRES A BUFFER, DO YOU THEN LOOK AT 35, 5, 10, DOES THOSE FOOTNOTES EVEN APPLY OR DO THEY ONLY APPLY TO THE BUFFERS THAT ARE IN 35 5 10? UM, WHEN YOU'RE SAYING THE FOOTNOTES, THINGS THAT WE COULD WAIVE, NO. SO IF THE MC FIVE REQUIRES A 10 FOOT OR 15 FOOT BUFFER CORRECT. IS HE ALLOWED TO USE? UM, YEAH, THOSE NOTES ARE PART [03:40:01] OF, PART OF FIVE 10. YEAH. CAN HE USE A NODE IN FIVE 10 TO REDUCE IT TO A FIVE FOOT PLANNING STRIP BECAUSE HE'S A BUDDING AN ARTERIAL WITH UTILITIES? I, I WOULD IMAGINE NO, JUST BECAUSE THE CODE LIKE THAT DESIGN REGULATION STATES THAT THERE SHOULD BE A 15 FOOT B BUFFER THERE. OKAY. SO EV SO EV SO EVEN THOUGH FIVE 10 SAYS HE CAN GO DOWN TO FIVE, IF HE HAS TO DO A BUFFER, THE MC FIVE WOULDN'T MAKE HIM, WOULDN'T ALLOW HIM TO INVOKE THAT. RIGHT. AND I'M ASKING 'CAUSE THAT'S IMPORTANT IF THAT'S FROM MY INTERPRETATION, BUT I WOULD HAVE TO CONFIRM WITH THE LANDSCAPING TEAM, IS THERE ANY WAY YOU CAN GET SOMEBODY FROM LANDSCAPE? BECAUSE I, IF IF, IF IT'S A FIVE FOOT STRIP VERSUS A 15, THAT MAKES A HUGE DIFFERENCE FOR ME TO BE HONEST. THE UM, FOR THESE, IS IT TOO LATE CORRIDORS LATE? YEAH, IT'S UH, PAST FOUR 30, BUT FROM THESE CORRIDORS IT IS, IT IS REVIEWED BY MY TEAM ZONING TEAM AND WE WOULD ENFORCE IT. OKAY. WELL THEN GOOD ENOUGH FOR ME. ANY QUESTIONS? UH, BOONIE IS ONE FOR THE OPPORTUNITY? YES. MR. BONS? YEAH. AND, AND I'M SORRY, I KNOW YOU EXPLAINED THIS EARLIER, BUT UH, PLEASE EXPLAIN THE BENEFIT OF HAVING THE DRIVE THROUGH WINDOW IN THE FRONT AGAIN AS OPPOSED TO, I MEAN, ALL THE OTHER PLACES THAT HAVE IT ON THE SIDE, IF WE ROTATE THE, IT'S MAINLY BECAUSE OF THE ORIENTATION FOR THE, UH, 'CAUSE WE HAVE TWO TENANT SPACES ATTACHED TO THE BUILDING. UM, IF WE WERE TO ROTATE IT, IT, THERE REALLY WOULDN'T BE ROOM FOR PARKING OUT FRONT UNLESS WE MOVE THE BUILDING LIKE 50 FEET BACK, WHICH IS NOT GOING TO BE ATTRACTIVE FOR OUR VISIBILITY. UM, THIS HELPS WITH A BETTER FLOW, BETTER PARKING ACCESS FOR OUR TWO TENANTS WHO WOULD, FOR OUR SPACE AS WELL AS THE TWO TENANTS THAT WILL BE GOING INTO THOSE SPACES. AND WHAT ARE THE OTHER TWO TENANTS GONNA BE DOING? WE DO NOT, WE DON'T HAVE ANY YET. OKAY. IT'S JUST A PROPOSED WHITE SPACE AS OF RIGHT NOW, BUT WE'LL BE ACTIVELY SEARCHING FOR TENANTS. HOW BIG ARE THOSE UNITS GONNA BE? 1500 FEET A PIECE. 1500 SQUARE FEET? TWO UNITS. OKAY. SO THERE'D BE THREE, THREE OPERATIONS OUT OF THERE. OKAY. WITH A 1995 UH, SQUARE FOOT RESTAURANT. OKAY, GOTCHA. YEAH, SO, SO LIKE, SO I GUESS IF THE, IF YOU DIDN'T HAVE THE OTHER TENANTS IN THERE, YOU'D PROBABLY DO A TRADITIONAL, LIKE THE OTHER, LIKE THE OTHER PLACES THAT HAVE IT ON THE SIDE. WE, AND WE LOOKED AT DOING JUST A SINGLE SPACE, BUT WITH THE SIZE OF THE LOT AND THE COST OF THE LOT, WE'VE HAD TO ADD TWO TENANTS TO IT. OKAY. AND THEN REAL QUICK FOR CITI, UM, HOW DOES, HOW DO YOU GUYS VIEW SOMETHING LIKE SONIC ACROSS THE STREET WHERE THEY DO HAVE KIND OF PARKING IN THE FRONT DRIVE THROUGH TYPE OF STUFF OR THAT IS BLOCKING THE FRONT OF THE, OF THE BUILDING? BASICALLY ANYTHING THAT'S SUBMITTED AFTER THIS PLANT, THESE REGULATIONS WERE ADOPTED WOULD HAVE TO COMPLY WITH THAT OR THEY WOULD HAVE TO COME BEFORE YOU GUYS FOR A VARIANCE. GOTCHA. OKAY. ALRIGHT. ANY OTHER QUESTIONS? HEARING NONE. IS THERE ANYONE NO PUBLIC COMMENT LOOKING FOR A MOTION? STEVENS COMMISSIONER STEVENS REGARDING CASE NUMBER BO OA DASH 26 DASH 0 3 0 4 7. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR VARIANCE FROM THE MC THREE DESIGN STANDARD TO ALLOW DRIVE THROUGH QUEING LANES IN THE FRONT YARD SITUATED AT 1434 AUSTIN HIGHWAY. APPLICANT BEING EXCEL ENGINEERING BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE VARIANCE WOULD NOT CONSTITUTE SIGNIFICANT DEPARTURE FROM THE EXISTING CHARACTER OF THE SURROUNDING AREA, WHICH IS MEANT TO BE PRESERVED BY THE OVERLAY DESIGN STANDARDS. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD, WOULD NECESSITATE A RE RECONFIGURATION OF EXISTING SITE CONDITIONS TO REORIENT ONSITE TRAFFIC PATTERNS AND KEEP THE DRIVE THROUGH IN THE SIDE AND THE REAR YARDS ONLY THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND, AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THIS VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS ONLY THE DRIVE THROUGH ENDPOINT IS PROPOSED IN THE FRONT YARD, THUS LIMITING THE VISIBILITY OF CARS IN THE FRONT YARD. 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 VARIS 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 WOULD IN NO WAY IMPACT ADJACENT PROPERTY NOR SIGNIFICANTLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THE PROPOSED USE OF THE CHARACTER STILL WILL STILL BE ALIGNED WITH THE SURROUNDING AREA. AND SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE [03:45:01] TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PLIGHT OF THE OWNER IS DUE TO THE EXISTING CONDITIONS INCLUDING DRIVEWAY ACCESS POINTS FROM ADJACENT RIGHT, RIGHT OF WAYS WHICH WOULD CONFLICT WITH TRAFFIC CREATED BY A DRIVE THROUGH Q LANE. THESE CONDITIONS ARE NOT MERELY FINANCIAL AND NOT DUE TO GENERAL CONDITIONS IN THE DISTRICT. END OF MOTION. SECOND. SECOND BY COMMISSIONER. BE COMMISSIONER STEVENS. UM, I, I AM, I'M FINDING IT CHALLENGING TO FIND THE ACTUAL CHARACTER OF THIS DISTRICT AND YOU'RE ADJACENT TO WALMART ACROSS FROM SONIC. SO TO ME, A DRIVE THROUGH AT THE FRONT DOOR OF THIS BUILDING IS NOT GOING TO TO ALTER ANY ESSENTIAL CHARACTER FOUND ON THIS STRETCH OF AUSTIN HIGHWAY. SO I'LL BE IN SUPPORT. THANK YOU COMMISSIONER BENES. I'LL ALSO SUPPORT THE MOTION. GREAT. UH, ANYONE ELSE LIKE TO ADD HEARING NONE OF ROLL CALL VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BENES? YES. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BOEZ? YES, I CONCUR. COMMISSIONER VASQUEZ? I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. UNANIM MS. A CONGRATULATIONS. THANK YOU COMMISSIONERS FOR YOUR TIME AND CONSIDERATION. THANK YOU. ALRIGHT, COMMISSIONER DEAN IS UH, LEAVING THE MEETING. IT IS 4 57. WE'RE DOWN TO NINE. HE'S LEAVING DEAN. OH, COMMISSIONER REED. I'M SORRY. . I WAS, I DON'T KNOW WHY I WAS THINKING ABOUT COMMISSIONER DEAN FOR SOME REASON. . AMEN. I LEFT 30 SECONDS. SORRY. WE'RE GONNA HAVE TO HOLD FOR A SECOND. MANNA JUST RAN OUT REAL QUICK. OH, OKAY. YEAH. SO WE HAVE TO HAVE NINE PEOPLE SEATED OR WE CAN'T DO ANYTHING, SIR. ONE MOMENT. AH, I AM NOT ON, I'M NOT, I'M NOT MY BEST TODAY. WHY? I FEEL LIKE IT'S TOO LATE. WE SHOULD HAVE BEEN FINISHING UP RIGHT NOW. OKAY, WE ARE ALL BACK. WE CAN GET STARTED. THIS IS BOA CASE TWO SIX DASH 1 0 3 4 9. THE APPLICANT IS CLAY HUDDLESON AND A IC HOLDINGS. THE COUNCIL DISTRICT IS TWO, THE LOCATION IS 9 5 4 0 BALL STREET. UH, THE ZONING IS I ONE AND THE REQUEST IS FOR A 10 FOOT VARIANCE AND THE REQUIRED 20 FOOT SIDE SETBACK TO ALLOW 10 FOOT SIDE SETBACK IN THE NORTHEAST GATEWAY CORRIDOR. THE SUBJECT PROPERTY IS LOCATED ALONG A SIGNIFICANT PORTION OF BALL STREET AND TO THE WEST OF A RAILROAD RIGHT AWAY. THE SUBJECT PROPERTY IS ALSO LOCATED IN THE NORTHEAST GATEWOOD CORRIDOR, WHICH COMES WITH DIFFERENT SIDE SETBACK STANDARDS THAT HELP PROMOTE THE SAFETY AND GENERAL APPEARANCE OF THE WHOLE CORRIDOR. THE APPLICANT IS LOOKING TO REPLANT THE PROPERTY INTO TWO SEPARATE PARCELS AND IN ORDER TO PROCEED WITH THE REPL, THE APPLICANT WILL HAVE TO APPROACH THE BOARD OF ADJUSTMENTS AND ADDRESS THE MINIMUM SIDE SETBACK REGULATIONS THAT WOULD BE IMPOSED BY THE CREATION OF THE NEW LOT LINE. THIS IS THE CURRENT SITE PLAN. THIS IS THE SUBJECT PROPERTY. IF YOU GO BACK ONE AS YOU CAN SEE THERE, THAT'S THE, UM, THAT WOULD BE ABOUT THE, WHERE THE PROPERTY LINE IS BETWEEN THE TWO BUILDINGS. THIS SURROUNDING AREA STAFF RECOMMENDS APPROVAL IN BOA UH, 2 6 1 0 3 0 0 0 4 9 BASED ON THE FOLLOWING FINDINGS OF FACT, THE BUILDING CURRENTLY EXISTS ON THE SUBJECT PROPERTY AND A RELOCATION WOULD CREATE AN UNNECESSARY, UNNECESSARY HARDSHIP AND THE DISTANCE BETWEEN THE BUILDINGS IS SUFFICIENT TO MAINTAIN AN ORDERLY APPEARANCE AND TYPICAL OF THE INDUSTRIAL DEVELOPMENT. WE MAILED 20 NOTICES. WE HAD ZERO IN FAVOR AND ZERO IN OPPOSITION, AND THERE ARE NO REGISTERED NEIGHBORHOOD ASSOCIATIONS. AND THIS CONCLUDES STAFF PRESENTATION. ALL RIGHT, THANK YOU VERY MUCH. UH, STAFF, CAN YOU PRE, DO YOU HAVE A PICTURE OF WHAT'S [03:50:01] DOWN THE SIDE THERE? WHICH, WHICH SIDE? OKAY. THEY HAVE THAT PICTURE'S FINE. I WAS JUST TRYING TO SEE, UH, TOWARDS THE BACK IS WHERE THE RAILROAD KIND OF IS. NO, I WAS JUST LOOKING TO SEE, UM, I WAS JUST LOOKING TO SEE IF THERE'S ANY DOORS OR WHAT THE PURPOSE OF THAT PASSAGE WAS. IF IT WAS USE FOR ANYTHING THAT COULDN'T, COULDN'T, UH, COULDN'T ENDURE A REDUCTION, THAT'S ALL. OKAY. THIS OFFENSE WAS PUT UP. ALL RIGHT. SO THE APPLICANT COME FORWARD. HELLO. HI. UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON. MY NAME'S ILLA GONZALEZ. I'M WITH LANG ENGINEERING. UM, THE REQUEST IS FOR A REDUCTION IN A SIDE SETBACK OF 10 FEET ALONG A NEWLY PROPOSED INTERIOR LOT LINE WHERE IH ONE OVERLAY DISTRICT WOULD TYPICALLY REQUIRE 20 FEET. SO, UM, WE SEE NO IMPACT TO PUB PUBLIC HEALTH, SAFETY OR WELFARE. AND THERE IS, UH, TWO EXISTING BUILDINGS. SO IT WOULD JUST BE A NEW LOT LINE SUBDIVIDING THE SINGLE LOT INTO TWO LOTS. UM, NO NEW CONSTRUCTION IS PROPOSED. UM, NO CHANGES AND THIS WOULD BE TIED TO A REPL. OKAY. AND WHAT IS THERE, AS I ASKED STAFF EARLIER, IS THERE ANYTHING IN THAT PASSAGE WHERE YOU REDUCING IT TO 10 FEET IS GONNA CAUSE ANY ENCUMBRANCES TO ANYTHING? BECAUSE ONE THING I NOTICED WAS YOU HAD A UTILITY POLE, UH, WITH APPEARED TO HAVE SOME TRANSFORMERS ON IT. CORRECT. BUT THE LINE WAS GOING TO THE, WAS CROSSING THAT PASSAGE TO GO TO THE BUILDING ON THE OTHER SIDE. IS THAT, UM, GONNA BE OF ISSUE OR THERE IS AN EASEMENT, UM, THAT CROSSES THAT WOULD CROSS THE PROPERTY LINE AND IT DOES HAVE A NO, UM, STRUCTURES TO BE BUILT OVER IT, WHICH THAT WOULD BE STATED WITHIN THE REPL. WE WOULD MAINTAIN THAT EASEMENT. OKAY. UH, YEAH, THAT'S ALL I WAS. RIGHT, BECAUSE 10 FEET'S PRETTY GENEROUS. CORRECT. SO IF THERE WAS AN EXIT DOOR THERE, THERE'S NOT GONNA BE ANY ISSUES WITH FIRE ACCESS AND ANY OF THAT GOOD STUFF. MM-HMM . CORRECT. AND SO, ALRIGHT, ANY QUESTIONS FROM THE COMMISSION? STEVENS COMMISSIONER STEVENS? MY MY ONE QUESTION WAS ABOUT FIRE ACCESS IN PARTICULAR THAT I'M GUESSING Y'ALL RAN THE TRAPS ON HOSE LAYS AND YES. AND THAT WILL ALSO BE, UM, REVIEWED DURING REPL THE, WE'LL HAVE TO SUBMIT A WHOLE FIRE PLAN PROTECTION PLAN FOR THEM FOR TO DO THAT. FOR THE REPL. UM, YES, FOR THE REPLANT THEY WOULD, I WOULD IMAGINE WE HAVE TO GET THERE. NO, THEY DON'T, THEY DON'T DO FIRE REVIEW DURING THAT. WE LOOK AT EASEMENTS. MM-HMM . IS THIS, IS THIS SPACE IN BETWEEN THE TWO BUILDINGS BEING USED FOR FIRE ACCESS CURRENTLY? UM, IS IT IT'S NOT. NO. YEAH, THIS, IT LOOKS LIKE NO. AND THEN THEY ALSO HAVE A CURRENT FENCE ALREADY SUBDIVIDING THE TWO LOTS. IT WOULD JUST BE SHIFTED ANOTHER 10 FEET IS IT IS, I'M JUST CURIOUS. LIKE THE FIRE TRUCK COMES IN AND IT GETS TO THE, IT HAS TO GET TO THE BACK OF THE BUILDING, RIGHT? LIKE CORRECT. IT WOULD HAVE A DEAD END AND THEN A HOSE LAY ALONG THE SIDE TO THE BACK. OKAY. WELL LET, LET ME PUT ON MY FIRE COMPLIANCE HAT HERE. IS THERE, HOW, HOW WIDE IS THIS UH, BUILDING? THE LONGER ONE? HOW LONG IS IT? ABOUT 60 FEET DEEP? NO, I MEAN LIKE THE LENGTH, THE PHYSICAL LENGTH OF THE BUILDING, THE LENGTH ALONG THE SIDE OR THE FULL, LIKE THE FRONT, THE LENGTH ALONG THAT REAR RAILROAD, THAT WHOLE BACK END OF THE BUILDING. HOW LONG IS IT? LET'S SEE. SO SIR, COULD YOU PLEASE COME UP? NOT CORRECT. YEAH, YOU CAN, UH, STATE YOUR NAME AND, HI, MY NAME'S JACK LANDAU. I AM REPRESENTING, REPRESENTING THE OWNER. I BUILT ONE OF THESE BUILDINGS AND I'VE OWNED BOTH OF 'EM. OKAY. HANDFUL OF TIMES. . SO THE, THE REASON OF THE QUESTION IS, SO IF A FIRETRUCK WERE TO COME DOWN AND THEN DEAD END, IT CAN GO 150 FEET. CORRECT. AND THEN IS THE BUILDING SPRINKLED? YES. BOTH. SO THEN YOU GET ANOTHER 200 FEET. CORRECT. SO IF YOU DON'T HAVE 350 FEET, THEN THERE COULD BE A PROBLEM. I BELIEVE WE WERE ABLE TO GET IT FROM COMING AROUND THE BACK ON BOTH SIDES AND COMING IN. WELL THAT'S WHY I'M ASKING LIKE HOW LONG THAT BUILDING IS. IS IT MORE THAN 350 FEET? IT'S RIGHT ABOUT IT. I I KNOW IT'S 55,000 SQUARE FEET AND I DON'T REMEMBER EITHER ONE OF, OF MY TWO NUMBERS TO GET TO. I MEAN THAT, THAT'S WHAT I'M CONCERNED ABOUT. 'CAUSE IT GIS ESTIMATES MINE SHOW ABOUT 350 FEET LENGTH. YEAH, THAT'S, I JUST WANTED TO MAKE SURE THAT IT, IT WOULD BE, IT WOULD BE OKAY. YES, BECAUSE IF YOU, IF YOU SEVER THAT, THAT 20 FOOT STRIP THAT MIGHT BE BEING USED TO GET A FIRETRUCK THROUGH THERE AND DEAD IN THAT WAY TOO. JUST TO HELP. I KNOW WE WERE NOT ABLE TO SINCE, SO THERE'S A FOUR FOOT DROP AT THE END OF THIS FOR THE DOCK, FOR THE OLD RAIL DOCK THAT'S BACK THERE. MM-HMM . SO I KNOW WE WEREN'T ABLE TO DRIVE A FIRE TRUCK UP THAT RAMP. OKAY. ALRIGHT. [03:55:01] WELL THAT'S ALRIGHT. OKAY. AND THEN MANNA. AND SO THEN, SO I'M ON GOOGLE EARTH LOOKING DOWN AND SO IT HAS THE AIR HANDLERS ALONG THE BACK ROW. SO IS THERE ENOUGH SPACE? SO SO THE GOAL IS NOT TO ALLOW OR THE, THE REQUIREMENT IS NOT TO REQUIRE A FIRETRUCK TO DRIVE BEHIND THE BUILDING. CORRECT. SO, SO YOU'D BE ABLE TO GET TWO DIFFERENT SIDES. HOSLEY, WE'VE BEEN ABLE TO GET HOSE. HOSE, OKAY. BOTH DIRECTIONS. OKAY. THE AIR HANDLERS ON THE BIG BUILDING HAVE SINCE BEEN REMOVED. OKAY. UH, THAT TENANT MOVED OUT. OKAY. THAT BUILDING LOOKS TOO BIG. I MEAN, I I JUST GET CONCERNED THAT, THAT BY DOING THIS, BY MAKING IT TWO LOTS, YOU WOULD THEORETICALLY HAVE A RIGHT TO PUT UP A FENCE, UH, UNLESS YOU HAD SOME SORT OF FIRE ACCESS EASEMENT, WHICH IS NOT OUR PURVIEW. RIGHT. SO, YOU KNOW, I'M JUST CONCERNED THAT, YOU KNOW WHO'S GONNA LOOK AT THAT BECAUSE IT'S, IT'S ALSO TOO NARROW FOR A FIRE LANE. SO MAYBE THEY'RE NOT USING IT CURRENTLY, BUT YEAH, THEY MAY NOT BE. YEAH. OKAY. WELL ANY OTHER QUESTIONS? I'M SURE STAFF WILL LOOK AT IT WHEN YOU TRY TO, I DON'T KNOW IF YOU'RE GETTING ANOTHER C OF OI DON'T KNOW WHAT WOULD TRIGGER THE REVIEWS, WHAT I'M GETTING AT. 'CAUSE UNLESS YOU PULL ANOTHER C OF O WHO'S GONNA LOOK AT IT? THEY DON'T DO FIRE REVIEWS DURING PLATS. THE TENANT HAS MOVED OUT OF THE BIG BUILDING. SO THERE WOULD BE, WHEN A NEW TENANT COMES IN, THERE WOULD BE A NEED TO REAPPLY FOR C OF O AT THAT TIME. IF THE USE DOESN'T CHANGE, THEY DON'T, THEY DON'T DO THAT ANALYSIS. YEAH. IF, IF IT'S LIKE REMAINING LIKE S ONE OR S TWO, THEN I WOULDN'T EXPECT YOU TO HAVE TO GET A NEW CO. MY C OF OS OR MY, MY THE CFOS I'VE ALWAYS GOT HAVE THE NAME OF THE TENANT ON THERE AND THEY DON'T ROLL WITH THE BUILDING. THEY ROLL WITH THE TENANT. NO, I MEAN, SO IF YOU HAVE A BUILDING THAT'S BEING USED FOR CERTAIN WAY AND YOU CONTINUE THE, USE A CERTAIN CHANGE IN THE NAME ON THE C OF OS, NOT DOING A FULL C OF O ANALYSIS. SO IF THIS WAS LIKE A W OFFICE WAREHOUSE BUILDING AND YOU WANTED TO CONVERT IT TO A RESTAURANT, CITY'S GONNA LOOK AT EVERYTHING. BUT IF YOU GO FROM OFFICE, WAREHOUSE TO OFFICE, WAREHOUSE TO OFFICE WHERE THAT, THAT THE ANALYTICS OF THE ENTIRE OUTSIDE ISN'T GONNA OCCUR, DO HAVE TO GET INSPECTIONS DONE BEFORE MY C OF O WAS ISSUED. OKAY. I, I JUST WANNA FEEL SOME CONCERN THAT THERE'S GONNA BE SOMEBODY LOOKING AT THIS. 'CAUSE I FEEL LIKE WE'RE SOMEHOW CUTTING OFF FACT FIRE ACCESS. BUT YOU HAVE TO GET, YOU HAVE TO GO THROUGH ALL YOUR FINALS AGAIN AT THAT TIME. AS FAR AS COOS, AS LONG AS THEY'RE NOT DOING A DBA NAME CHANGE, THEY'LL HAVE THOSE INSPECTIONS AGAIN. ALRIGHT, GOOD ENOUGH FOR ME. ANYONE ELSE? HEARING NONE. IS THERE ANYONE SIGNED TO SPEAK ON THIS? NO. PUBLIC COMMENT. LOOKING FOR A MOTION. BRACKMAN COMMISSIONER BRACKMAN REGARDING CASE NUMBER BO OA DASH 26 DASH 0 3 0 0 0 4 9. I MOVE THE BOARD OF ADJUSTMENT. GRANTED 10 FOOT VARIANCE FROM THE REQUIRED 20 FOOT SIDE SETBACK TO ALLOW A 10 FOOT SIDE SETBACK IN THE NORTHEAST GATEWAY CORRIDOR SITUATED AT 95 40 BALL STREET. APPLICANT BEING CLAY HUDDLESTON SLASH AIC HOLDINGS. 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 UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE STRUCTURES ARE ALREADY IN EXISTENCE ON THE PROPERTY AND THE ESTABLISHED SEPARATION IS SUFFICIENT TO PROTECT THE APPEARANCE AND SAFETY OF THE CORRIDOR. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE BUILDINGS ARE ARE IN EXISTENCE. AND ANY EFFORT TO RELOCATE THESE STRUCTURES TO MEET CORRIDOR SETBACK STANDARDS WOULD BE AN UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING THIS VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AS THESE STRUCTURES ARE ALREADY IN EXISTENCE AND THE DISTANCE BETWEEN THEM IS ORDERLY IN APPEARANCE AND TYPICAL OF OTHER INDUSTRIAL AREAS WHERE SIDE SETBACK STANDARDS GENERALLY DO NOT APPLY. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCES 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. THIS VARIANCE WILL NOT INJURE THE SURROUNDING PROPERTIES AS THE BUILDINGS ALREADY EXIST IN THEIR CURRENT FOOTPRINT. AND NO CHANGE WILL OCCUR WITH THE REDUCTION OF THE SETBACK. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED APPLY TO THE APPLICANT IS DUE TO THE GENERAL CONDITIONS OF THE DISTRICT THAT THEY RESIDE IN. NAMELY THAT THE BUILDINGS CURRENTLY EXIST AND [04:00:01] CANNOT BE MOVED TO MEET SETBACK REQUIREMENTS. END OF MOTION. SECOND. SECOND. MY COMMISSIONER, BENAVIDES COMMISSIONER BRAGMAN. UH, YEAH, I'LL BE IN SUPPORT OF THIS MOTION. UM, AS THE MOTION STATES, THE BUILDINGS ARE ALREADY IN EXISTENCE, IT WOULD BE A FINANCIAL HARDSHIP TO MOVE THEM. UM, AND IT SOUNDS LIKE THERE WILL BE STEPS ALONG THE WAY WHERE THE, UH, FIRE STANDARDS WILL HAVE TO BE REVIEWED AGAIN. SO I'LL BE IN SUPPORT. GREAT COMM. COMMISSIONER BEEZ. I'LL ALSO BE IN SUPPORT OF THE MOTION. ANYONE ELSE LIKE THAT? MANNA COMMISSIONER. MANNA. SO, AND JUST WANNA MAKE SURE. SO BECAUSE, UM, IT'S A REPL AND UM, THIS, THIS VARIANCE APPLIES TO BOTH SIDES OF THAT REPL. SO, SO WITH REGARDS TO IT. SO IT'S ONE, BUT IT'S ACTUALLY TWO THAT WE'RE DOING. RIGHT. SO, OKAY. ALRIGHT. AND WITH THAT, HAVE A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BENAVIDEZ? I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BON? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONNI? YES. COMMISSIONER VASQUEZ. YES. CHAIR ORIAN. AND I CONCUR THE FINES OF FACT. MOTION PASSES. NINE TO ZERO. CONGRATULATIONS ONTO THE LAST CASE ITEM NUMBER 12. OH YEAH. SO THERE ARE NINE OF US SEATED TODAY. IF YOU NEED ALL NINE OF US TO VOTE, UH, IN APPROVAL FOR IT TO PASS THIS CASE TO PASS. WOULD YOU LIKE A CONTINUANCE OR DO YOU WANT TO, UH, PROCEED FORWARD TODAY? AND IF YOU DO A CONTINUANCE, I KNOW YOU'VE BEEN HERE FOR YOU'VE, SORRY YOU'VE BEEN HERE FOR A VERY LONG TIME. IF YOU DO THE CONTINUANCE, YOU WOULD MOST LIKELY BE THE FIRST, ONE OF THE FIRST ITEMS. IT'S UP TO YOU. I'LL MAKE SURE OF IT. YOU'LL BE NUMBER ONE. THAT WAY YOU'LL HAVE OH, OKAY. MY CASE MANAGER RECOMMENDS THAT I GO AHEAD AND WAIT. . OKAY. ALRIGHT. MOTION FOR CONTINUANCE. YEAH, DO, DO YOU WANT TO COME BACK IN TWO WEEKS? ALRIGHT, SO WE HAVE A, UM, DO YOU DO A BRIEF PRESENTATION SO WE CAN YEAH. YEP. THIS IS BOA CASE TWO SIX DASH 1 0 3 0 0 0 5 2. THE UH, APPLICANT IS FLEE DE NOVO. IT'S IN DISTRICT ONE. THE LOCATION IS 5 1 9 WEST KINGS HIGHWAY. IT IS ZONED R SIX AND IT IS A CRUST FOR A TWO FOOT 11 INCH VARIANCE TO THE MINIMUM REQUIRED THREE FOOT REAR SETBACK TO ALLOW AN ADDITION TO AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE. OKAY. AND, UH, DID, DID, UM, UM, EVEN THOUGH NORMALLY WE GO STRAIGHT TO THE MOTION, I JUST WANTED TO ASK, IS THERE A NEIGHBORHOOD ASSOCIATION ASSOCIATED WITH THIS THAT IS REVIEWED? ARE THEY IN APPROVAL OR DENIAL? THEY DIDN'T ANSWER. THEY DID NOT ANSWER. THEY DID NOT ANSWER THE APPLICANT. CAN YOU PLEASE, PLEASE COME FORWARD? UH, CAN YOU PLEASE STATE YOUR NAME? HI, MY NAME IS FELICE DENOVO. HI. HOW YOU DOING? UH, SO YOU'VE REQUESTED A CONTINUANCE, BUT JUST SO YOU KNOW, IT'S VERY COMMON FOR THIS BOARD TO, TO, UM, LIKE TO HEAR FROM THE NEIGHBORHOOD ASSOCIATION. IT'S VERY IMPORTANT TO MANY OF OUR MEMBERS. UH, ALSO, UM, I NOTICED THAT YOU HAVE A SLOPE ROOF GOING RIGHT TO YOUR NEIGHBOR'S PROPERTY. AND JUST THOSE, THAT'S ANOTHER THING THAT, UM, YOU KNOW, THAT TYPICALLY ARE, ARE, WE'RE NOT BIG FANS OF. SO TWO THINGS TO KEEP IN MIND FOR WHEN YOU COME BACK. ALRIGHT? OKAY. AND STAFF CAN TALK TO YOU A LITTLE BIT ABOUT WHAT I'M TALKING ABOUT. OKAY? SO THERE'S A, A MOTION TO CONTINUE TO APRIL, UH, 20TH. SO I MOVED, IS THERE A SECOND? SECOND. SECOND BY COMMISSIONER MENEZ. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. UH, THIS CASE HAS CONTINUED TO THE 20TH. PLEASE GET WITH STAFF AND THEY'LL, THEY'LL KIND OF TALK TO YOU ABOUT WHAT WE'RE, WHAT MIGHT BE OKAY. GOOD FOR YOU TO BRING FORTH. THANK YOU. IN TWO WEEKS. SO, [ Approval of Minutes  ] ALL RIGHT. UH, NEXT IS THE MINUTES. HAS EVERYONE HAD A CHANCE TO REVIEW? ANYONE HAVE ANY CHANGES? NO. OKAY. IS THERE A MOTION? MOTION APPROVE THE MINUTES. PIUS. ALRIGHT, WE HAVE A MOTION. UH, I'LL GIVE THAT TO COMMISSIONER BRAGMAN SECOND BY COMMISSIONER BONILLA. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? MOTION PASSES. ALRIGHT. IS THERE A STAFF REPORT [ Director’s Report  ] DIRECTOR'S REPORT? THERE IS. UM, I KNOW WE HAD MENTIONED THAT VOICEMAILS WERE GONNA GO AWAY, BUT THE MAYOR HAS REQUESTED A PILOT PROGRAM WHERE WE'RE GOING TO BE BRINGING BACK VOICEMAILS. NOW IT'LL BE TREATED DIFFERENTLY. THE VOICEMAILS, THEY PEOPLE WILL BE ABLE TO CALL IN AND [04:05:01] LEAVE A VOICEMAIL, BUT IT'S GOING TO BE TREATED SIMILAR TO HOW WE PRESENT, UH, THE RESPONSES. SO YOU, YOU'LL BE EMAILED THE RESPONSES AND POTENTIALLY EMAILED A, UM, SHAREPOINT CONNECTION TO WHERE TO LISTEN TO THE VOICEMAILS, BUT WE WILL NOT PLAY THEM DURING THE MEETINGS. SO, UH, FROM WHAT I UNDERSTAND, IT'S FOR THE BIG BOARDS, ZONING, HISTORIC PLANNING, AND BOA. CORRECT. BOA. YES. AND THEN, UH, YOU'RE GONNA BE EMAILING A SHAREPOINT LINK FOR US TO POTENTIALLY HEAR, WE ARE HOPING THAT WE'LL GET SOMETHING LIKE THAT FROM ITSD. THEY'RE SUPPOSED TO BE SETTING THAT UP, BUT YES, WE WILL BE TRYING TO FIGURE OUT SOME WAY TO GET Y'ALL THE, UM, ALONG WITH THE RESPONSES, BUT ALSO GET A VOICEMAILS. AND IS THERE, IS THERE ANYTHING ABOUT, DOES SHAREPOINT NEED ANY SPECIAL SOFTWARE? IS THAT MICROSOFT OFFICE OR SOMETHING? WELL, THE SHAREPOINT WILL BE AN ONLINE SOURCE. IT'LL BE MICROSOFT HANDLED. UM, OBVIOUSLY YOU GUYS WILL HAVE ACCESS TO THEM. OKAY. BUT THAT IS SOMETHING THAT WE'RE WORKING ON AND IT WILL GO INTO EFFECT FOR THE NEXT MEETING. AND I THOUGHT THEN THE OTHER CAVEAT WAS THAT IF THERE WAS A COMMISSIONER THAT REALLY FELT LIKE A VOICEMAIL REALLY, REALLY NEEDED TO BE PLAYED AT A MEETING THAT THEY COULD REQUEST. THAT THEY COULD REQUEST IT. BUT IT IS UP TO THE CHAIR TO DECIDE IF IT WILL BE PLAYED OR NOT. OKAY. WELL JUST, Y'ALL LET ME KNOW . ALRIGHT. SO IF THERE'S, IS THERE ANYTHING ELSE? YES. AND THE SHEET THAT I HANDED OUT WAS FROM THE STR TEAM. JUST GIMME ALL ADDITIONAL INFORMATION ON RELATED QUESTIONS. ALWAYS GOOD STUFF. GREAT. WE DO, I GUESS WITH RIGHT HERE, THEY ALL GOT THEIR FINANCIAL DISCLOSURES STUFF TURNED IN, RIGHT? ? OR MAYBE A ZUNA DIDN'T, I DON'T KNOW. . SO WITH THAT, WE'RE . IF THERE'S NOTHING ELSE, UH, WE, IT'S FIVE 17. WE'D ADJOURN. * 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.