[00:00:04]
ALL RIGHT.UH, DO WE HAVE, UH, WE HAVE 10 NOW.
IS THERE AN 11TH THAT'S GONNA BE JOINING US? UH, COMMISSIONER BREGMAN, UH, SHOULD BE JOINING US ONLINE SHORTLY.
SHE WAS ONLINE AND NOW SHE LOGGED OFF.
WELL, WE'RE GONNA GET STARTED AND GET THROUGH SOME OF THIS HOUSEKEEPING.
I HEREBY CALL THIS, UH, MEETING OF THE BOARD OF ADJUSTMENTS IN THIS SESSION.
IF WE HAVE THE SPANISH INTERPRETER COME OUT, PLEASE.
IF YOU COULD PLEASE CALL ROLL.
COMMISSIONER BENAVIDES PRESENT.
COMMISSIONER VASQUEZ, PRESENT CHAIR ORIAN.
SO IT LOOKS LIKE WE HAVE 10 SEATED AT THE MOMENT.
BOSS WILL BE AN 11TH COMING ON SOON.
UH, IF EVERYONE COULD PLEASE STAND AND JOIN ME IN THE PLEDGE.
PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC WHO STAND ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY, ROUTINE JUSTICE FOR ALL.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
[ Briefing and Possible Action on the following items ]
RIGHT, SO BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASE IS LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
UH, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THIS, THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND 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, THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY 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 WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY, REQUIRES AN OCCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS UPON WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL THE SHORT PRESENTATION OF THE REQUEST PRIOR PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR VARIANCE, SPECIAL EXEMPTION, AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS.
INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGN UP TO SPEAK FOR OR AGAINST PROPOSED VARIANCE OR SPECIAL EXEMPTION.
[00:05:01]
YOU'LL BE CALLED IN ORDER THAT YOU SIGN UP TO SPEAK.THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE WHO WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER.
THAT SPEAKER WILL BE ALLOWED A MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
UH, I UNDERSTAND ITEM NUMBER 16 WOULD LIKE A CONTINUANCE TO MAY 4TH.
UH, IS THERE ANYONE SIGNED UP TO SPEAK ON THIS CASE? UH, NOBODY SIGNED UP TO SPEAK, BUT REAL QUICK, UH, COMMISSIONER BRAGMAN.
UM, CAN YOU TURN YOUR CAMERA ON, PLEASE? I'M TRYING TO, I AM HAVING TROUBLE GETTING IT TURNED ON.
OH, 11 WOULD LIKE ONE, UH, CONTINUES TO MAY 4TH.
UM, SO ITEM NUMBER 11 IS BO A 26 1 0 3 0 0 0 55 4 1 FOOT.
SPECIAL EXEMPTION, UM, TO ALLOW A FOUR FOOT SOLID FENCE ALONG THE WEST SIDE FRONT, UH, 10 FOOT CLEAR VISION IN THE FRONT AND LOCATED AT 5 39
AND THIS IS A REQUEST FOR THE MAY 4TH.
IS THERE A MOTION TO, UH, MO CONTINUE THIS TO MAY 4TH? MOTION TO CONTINUE, UH, TO MAY 4TH.
UH, MOTION CARRIES CASES CONTINUE TO MAY 4TH.
NUMBER 16 IS BO OA 26 1 0 3 0 0 65 FOR A VARIANT FROM THE UDC ACCESSORY STRUCTURE, UH, TO ALLOW ACCESSORY STRUCTURE ON THE SIDE YARD AND A ONE INCH, UM, ACCESSORY DWELLING, UH, FROM THE PROPERTY LINE LOCATED AT THREE 30 ADMISSION STREET WITH STAFF.
RECOMMENDED DENIAL, UM, REQUESTING A CONTINUOUS ALSO TO MAY 4TH.
IS THERE COMMISSIONER? I'D LIKE TO MAKE A MOTION ON THAT.
SECOND BY COMMISSIONER BENAVIDEZ.
UH, THAT BRINGS US TO ITEM NUMBER ONE.
THIS IS CASE BO A 2 6 1 0 3 0 0 0 5 2.
THE APPLICANT IS FELISE DE NOVO.
THE LOCATION IS FIVE 19 WEST KINGS HIGHWAY AND THE ZONING IS R SIX.
THE REQUEST IS FOR A TWO FOOT 11 INCH VARIANCE FROM, FROM THE MINIMUM REQUIRED THREE FOOT REAR SETBACK TO ALLOW AN ADDITIONAL ADDITION TO AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE.
THE SUBJECT PROPERTY IS LOCATED ALONG THE MIDDLE OF THE BLOCK FACE ALONG WEST KING HIGHWAY.
THE APPLICANT SUBMITTED PLANS TO CONVERT THE CURRENT ACCESSORY STRUCTURE INTO AN, UH, ACCESSORY DWELLING UNIT.
DURING THE PLAN REVIEW PROCESS, CITY STAFF FOUND THAT THE REAR SETBACK OF THE STRUCTURE ENCROACHED ON THE MINIMUM REQUIRED REAR SETBACK.
GIVEN THE PROPOSED CHANGE OF USE, UH, COMPLIANCE WAS OKAY.
COMMISSIONER BRAGMAN, COULD YOU MUTE YOUR MICROPHONE PLEASE? GIVEN THE PROPOSED CHANGE OF USE, COMPLIANCE WITH SETBACK STANDARDS IS REQUIRED FOR PERMIT ISSUANCE.
THE CURRENT ADDITION IS LIMITED TO APPROXIMATELY 15 FEET IN WIDTH AND ABUTS THE REAR YARD OF THE RESIDENTIAL DWELLING WITH NOT, UH, WITH STRUCTURE IN THE REAR YARD, WITH NOT A STRUCTURE IN THE REAR YARD.
THE ALTA VISTA NCD LIMITS ACCESSORY STRUCTURES TO 40% SQUARE FOOTAGE OF THE PRINCIPAL STRUCTURE AND THE PROPOSED DEVELOPMENT IS UNDER THAT LIMIT.
THE APPLICANT HAS REQUESTED A VARIANCE FROM THE STANDARDS, UH, FROM THE STANDARD TO PROCEED.
STAFF RECOMMENDS DENIAL AND BO A TWO SIX DASH 1 0 3 0 0 0 5 2.
BASED ON THE FOLLOWING FINDINGS OF FACT, THE CURRENT, UH, THERE CURRENTLY EXISTS A SUFFICIENT DEVELOPABLE SPACE ON THE PROPERTY TO PLACE AN ASSESSOR STRUCTURE ON THIS LOT.
THE REDUCED SETBACK WOULD LEAD TO AN INCREASED RISK OF FIRE SPREAD AND WATER RUNOFF.
[00:10:01]
GOT THREE IN FAVOR AND ONE IN OPPOSITION.THERE WERE NO VOICEMAILS AND OUTSIDE OF 200 FEET, THE APPLICANT PROVIDED 53 UH, IN FAVOR AND WON IN OPPOSITION.
THE ALTA VISTA NEIGHBORHOOD ASSOCIATION DID NOT RESPOND AND THE APPLICANT REACHED OUT TO THEM AND THEY DID NOT RESPOND.
THAT IS THE END OF STAFF'S PRESENTATION.
ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD ALL.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
I AM REQUESTING A VARIANCE FOR A FOUR BY 10 FOOT ACCESSORY STORAGE STRUCTURE ATTACHED TO THE REAR OF MY GARAGE.
I BROUGHT A SIMPLE DIAGRAM TO HELP ILLUSTRATE THE LOCATION OF THE STRUCTURE.
MY PROPERTY IS A NARROW 50 FOOT WIDE LOT WITH A HOME BUILT IN 1925 AND THE PLACEMENT OF THE HOUSE AND THE SETBACK COMPLIANT GARAGE LIMITS THE AVAILABLE SPACE.
LEAVING NO PRACTICAL ALTERNATIVE LOCATION FOR THIS STRUCTURE.
CAN WE DISPLAY COLLAGE NUMBER ONE? LOOKS LIKE THIS? YES, BECAUSE THE SMALL STRUCTURE IS LOCATED BEHIND THE EXISTING GARAGE, IT IS NOT VISIBLE FROM THE STREET, AS YOU CAN SEE FROM THESE PHOTOS.
OH, THE PHOTOS ARE NOT SHOWING.
THE STRUCTURE ALLOWS PASSAGE FROM ONE SIDE OF THE GARAGE TO THE OTHER AND IS USED FOR NORMAL RESIDENTIAL STORAGE.
IT HAS NOT IMPACTED, IT HAS NOT IMPACTED NEIGHBORING PROPERTIES OR THE CHARACTER OF THE NEIGHBORHOOD.
CAN WE DISPLAY THE SELECTED COMMUNITY SUPPORT? NO, THAT IS NOT IT.
I MADE A GOOD FAITH EFFORT TO REACH OUT TO NEIGHBORS AND COMMUNITY CONTACTS AND RECEIVE SUPPORT OR NO OBJECTION.
THE ADJACENT REAR NEIGHBOR, UH, THE MOST DIRECTLY AFFECTED, EXPRESSED NO CONCERNS AND DESCRIBED ME AS A RESPONSIBLE NEIGHBOR.
OTHERS DESCRIBED THE STRUCTURE AS SMALL, CLEAN AND NOT AN EYESORE, AND THE ARCHITECT WHO EVALUATED MY GARAGE CONVERSION ALSO VISITED THE PROPERTY AND SUPPORTED THIS ADDITION.
I HAVE SUBMITTED, OH, WELL, BEFORE WE GO TO THAT, CAN YOU DISPLAY THIS? HMM.
UM, YEAH, SORRY FOR THE, UM, YEAH, DOESN'T LOOK GREAT.
THE ONE I SUBMITTED LOOKS MUCH BETTER.
UM, SO I, UH, WENT AROUND THE NEIGHBORHOOD AND HANDED OUT SOME, UH, LITTLE DOOR HANGERS, UH, SO THAT WE CAN, I DUNNO, SOLICIT MORE RESPONSE FROM THE, THE PROPERTIES WITHIN 200 FEET OF MY, MY PROPERTY.
AND, UM, I SUBMITTED THOSE TODAY.
UH, SO IN ALL, WE GOT 59 IN FAVOR RESPONSES.
AND THEN THREE WERE DIRECTLY EMAILED TO SEAN, MY CASE MANAGER.
UM, CAN WE DISPLAY COLLAGE NUMBER TWO NOW? JUST THIS ONE CHAIR? YES.
UH, WE CAN'T HEAR THE BOARDROOM IS ON MUTE.
THANK YOU FOR LETTING US KNOW.
I DON'T THINK I'VE HEARD THAT ONE BEFORE, BUT, UH, CAN YOU HEAR US NOW? YEP, WE CAN HEAR YOU NOW.
UM, THE STRUCTURE WAS BUILT PRIOR TO THIS REQUEST AND I AM HERE TO GRANT, UH, TO COMPLETE THE PROPER PROCESS AND ASK THE BOARD TO EVALUATE IT BASED ON THE VARIANCE CRITERIA.
[00:15:01]
GRANTING THE VARIANCE WOULD ALLOW REASONABLE RESIDENTIAL USE OF THE PROPERTY WHILE MAINTAINING THE INTENT AND SPIRIT OF THE ORDINANCE, AND IT WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES OR THE CHARACTER OF THE NEIGHBORHOOD.WOULD YOU, UH, GO AHEAD AND START THIS ONE AGAIN.
SO AS I UNDERSTAND IT FROM MY, UH, PLAN DEVELOPER, UH, THE VARIANCE THAT I'M REQUESTING IS ONE FOOT AWAY FROM THE SETBACK, NOT ONE INCH.
SO, UM, YEAH, THANK YOU FOR YOUR CONSIDERATION.
UM, YOU ASKED ABOUT GUTTERS AND I, ONE OF THE, OH, IT SHOULD BE THE TOP PIC.
ARE YOU DISPLAYING THIS ONE BECAUSE THIS IS THE REVI? NO, THAT, YEAH, THAT'S GOOD.
SO, I MEAN, IT'S KIND OF HARD TO SEE, BUT YEAH, I DO HAVE A GUTTER.
UH, THE AERIAL IS A, IS A LITTLE, UH, TOUGH TO SEE WHAT'S DIRECTLY BEHIND THE STORAGE.
UH, IS THERE, DOES YOUR, DOES YOUR NEIGHBOR DIRECTLY BEHIND YOU HAVE THE STRUCTURE IMMEDIATELY BEHIND THIS ELEMENT? NO, HE DOESN'T.
UM, THERE WAS HIS FENCE AND, UM, AND THEN THERE WAS LIKE A FOOT BETWEEN BOTH OF OUR FENCES AND FOR SOME REASON HE TOOK DOWN THE FENCE.
BUT HE, HE DOES HAVE SOMETHING NOT IN FRONT OF THE STRUCTURE, BUT IN THE CORNER.
IT LOOKS LIKE A LOT OF THE, YOUR NEIGHBORS HAVE SOMETHING SIMILAR TO YOURS, SOMETHING VERY CLOSE TO THE REAR PROPERTY LINE.
I WAS JUST CURIOUS IF, IF HE, IF HE HAD SOMETHING, IT JUST WASN'T IN THE PLANE OF THIS ADDITION.
UM, AS FAR AS I COULD SEE, IT JUST LOOKED LIKE A BIG SPACE OF KIND OF GRASS.
AND THEN THEY WOULD PARK FAR AWAY FROM MY STRUCTURE.
ANY OTHER COMMISSIONER QUESTIONS? YEAH, ON, ON, ON THAT BUMP OUT THAT LITTLE SECTION, YOU SAID THAT THERE'S A GUTTER, BUT I DON'T, I DON'T SEE A GUTTER FROM THE PICTURE.
UH, CAN YOU DISPLAY THIS ONE AGAIN? MM-HMM
UM, DO YOU HAVE A POINTER THAT YOU WANNA
I SEE THAT GUTTER, BUT THE ACTUAL BUMP OUT THAT, THAT SECTION AGAINST THE FENCE LINE, DOES THAT HAVE A GUTTER? UM, I SEE THE GUTTER ON, NO, THE LEAFGUARD COMPANY FOR SOME REASON DIDN'T PUT IT THERE.
AND I, I THINK THAT WOULD BE SOME OF OUR CONCERN OF THE DRAINAGE, BECAUSE, YOU KNOW, ANYTHING COMING OFF OF THAT STRUCTURE IS GONNA GO DIRECTLY TO THE, TO YOUR NEIGHBORING PROPERTY.
YEAH, I CAN ALWAYS CALL A LEAF GUTTER BACK OUT.
I MEAN, I JUST GOT HIM, UM, 2, 2, 3 MONTHS AGO.
DID WE CONFIRM, WAS IT A ONE FOOT OR ONE INCH FROM THE REAR PROPERTY LINE? IT'S ONE INCH.
ONE INCH FROM THE PROPERTY LINE.
THE NEXT QUESTION IS, IF THE VARIANCE WAS TO BE APPROVED TODAY, IS THERE ANY BUILDING PERMIT OR, OR FIRE BARRIER OR SOMETHING THAT SHE'D HAVE TO COMPLY WITH? OR, UH, BETWEEN THAT STRUCTURE AND THE ADJOINING? IT WOULD HAVE TO GO THROUGH THE PLAN REVIEW PROCESS BECAUSE SHE'S UPGRADING IT TO AN A-D-D-A-D-U.
AND WHICH WOULD INCUR A FIRE REVIEW AND AS FAR AS I'M AWARE, YES, SIR.
ANY OTHER QUESTIONS? STEVENS COMMISSIONER STEVENS, HOW DO YOU MAINTAIN THAT SIDE OF THE ADDITION BEING ONE INCH FROM YOUR PROPERTY LINE? UH, THERE ARE LEAVES.
UM, I MEAN, I HAVE THE, THE SHOP VAC IF I WANNA VACUUM UP THE LEAVES.
IS THAT WHAT YOU MEAN? WELL, JUST, JUST GENERALLY, HOW, HOW WOULD YOU MAINTAIN THE STRUCTURE? LIKE PAINT REPAIR? OH, PAINT, UM, ANYTHING REPAIR? WELL, IN THE NORMAL WAY.
THERE'S, THERE'S ONE INCH BETWEEN THE SIDE OF THE BUILDING AND YOUR PROPERTY LINE.
SO I'M JUST CURIOUS HOW YOU WOULD MAINTAIN THAT SIDE OF THE BUILDING, LIKE PAINT, UH, MAYBE PAINTING, LIKE, I MEAN, I'M JUST WONDERING WHAT WHAT WOULD BE NECESSARY TO WELL, THE SIDING THAT'S UP AGAINST THE FENCE.
I MEAN, YEAH, I MEAN, WE COULD TAKE OFF THE, THE THINGS FROM INSIDE AND THEN, YOU KNOW, WORK FROM THE INSIDE.
THEY'RE, UM, SUPPLIES SUCH AS PAINT CLEANING, UM, AND THE SHELVES ARE LIKE 12 INCHES WIDE.
AND MAYBE, UM, MAYBE WE'RE NOT SEEING EVERYTHING WITH THIS IMAGE, BUT I'M ASSUMING IF I'M LOOKING AT THIS SORT OF COVERED STORAGE AREA ON THE LEFT SIDE, I, IS THERE A SIDING BETWEEN THE STORAGE AREA AND THE FENCE, OR IS THAT OPEN? YEAH, THERE IS SIDING.
I THINK THAT, THAT'S THE QUESTION.
HOW DO YOU MAINTAIN THAT SIDING IF THERE'S NO OH, RIGHT.
SPACE TO ACCESS IT BETWEEN THE FENCE AND THE, THE EXTERIOR.
[00:20:01]
UM, SO, UM, AS I WAS SAYING, WE WOULD PROBABLY HAVE TO GO FROM THE INSIDE AND REMOVE, UH, THE THINGS THAT I HAVE INSIDE THE STORAGE, TAKE DOWN THE, THE BOARDS AND REPLACE THE BOARDS THAT WAY.ARE YOU STORING ANYTHING FLAMMABLE IN THERE? IS THAT THOSE PAINT CANS OR WHAT'S IN THERE? UH, PAINT.
UH, IF THERE'S NO OTHER QUESTIONS, IS THERE ANYONE SIGNED TO SPEAK? NO.
HAVE ONE MORE FOR THE APPLICANT? YES.
SO, UH, WHEN YOU CONVERT THIS TO AN A DU, WILL THAT LITTLE BUMP OUT SECTION, IS THAT GONNA BE, IS THAT, WILL THAT REMAIN IN STORAGE OR IS THAT GONNA BE LIVING AREA? NO, IT WILL REMAIN STORAGE THERE.
UM, BY THE WAY, OH, IT'S KIND OF HARD TO SEE, BUT I, I JUST PUT A FIRE BLANKET AND THE, I CAN'T EVEN SEE IT THERE, BUT THAT'S IT.
IF YOU WANNA POINT AT IT ON TOP OF THE TENNIS BALL.
IT'S RED, IT'S A FIRE BLANKET.
UH, BUT I MEAN, IF I NEEDED TO, IF I WAS ASKED TO REMOVE ANYTHING FLAMMABLE, I WOULD DO THAT.
LET'S SEE IF THERE'S A PUBLIC INPUT CHAIR BEFORE.
UM, IN THE PAST WE HAVE REQUESTED STRUCTURES THAT WERE ONE INCH OR ON THE PROPERTY LINE THAT THEY BRING A, UM, LETTER OF FROM THE OWNER ON THE OTHER SIDE THAT WOULD ALLOW THEM TO THEIR PROPERTY TO REPAIR ANYTHING.
SO, FOR EXAMPLE, TAKING DOWN THE FENCE TO HAVE TO REPAIR SOMETHING.
DID YOU, HAVE YOU DISCUSSED THAT WITH YOUR NEIGHBOR, A MAINTENANCE ACCESS EASEMENT? NO, I DIDN'T THINK ABOUT THAT.
UM, I THINK HE WOULD BE AMENABLE.
HE'S THE ONE THAT CALLED ME A GOOD NEIGHBOR.
SO HE'S, HE'S ONE OF THE PEOPLE THAT VOTED IN FAVOR.
WE'VE, WE'VE SEEN PROJECTS LIKE THIS WHERE THEY RIGHT ONE INCH OR ON THE PROPERTY LINE, UM, IF YOU WERE TO PUT GUTTERS ON THAT BUMP OUT, YOU WOULD PROBABLY HAVE TO, UH, GO AND ASK HIM TO GO ON HIS PROPERTIES SO THAT YOU COULD PUT THEM ON.
UM, BUT ALSO, UM, HAVING ACCESS TO THAT SIDE OF THE WALL IF YOU NEED TO REPAIR IT, AND WE'VE ASKED FOR A LETTER OF CONSENT THAT WOULD ALLOW YOU TO DO THAT FROM THAT PROPERTY OWNER.
UM, SO I DON'T KNOW IF MAYBE, YEAH, WELL, I, I WOULD ACTUALLY NEED A RECORDED EASEMENT TO MAKE ME HAPPY ABOUT IT.
UM, IS ANYONE ELSE ON THIS COMMISSION, UH, LIKE TO OFFER, UH, CONTINUOUS TO HAVE HER ENTERTAIN THAT SUCH A THING? OR DO YOU WANT TO, UH, MOVE FORWARD ON THIS TODAY? WELL, I'D SAY THAT GIVEN THAT, THAT YOU WANT TO CONVERT THIS, SHED, HAVING A SHED ONE INCH FROM THE PROPERTY LINE IS ONE THING, BUT THIS BEING CONVERTED INTO A RESIDENCE INHERENTLY CREATES MORE OF A FIRE RISK.
SO THAT'S, THAT'S MY CONCERN BEING ONE INCH OFF THE PROPERTY LINE, ABUTTING A WOODEN FENCE IN A PRETTY DENSE NEIGHBORHOOD.
BUT I THINK AN ACCESS EASEMENT WOULD BE, FOR ME, THE BARE MINIMUM.
SO IS ANYONE, UH, LIKE TO SEE THAT, WOULD THAT, WOULD ANYONE ELSE LIKE TO SUPPORT THAT? OKAY.
SO I'M GONNA, HOW MUCH TIME WOULD YOU NEED TO DISCUSS THIS WITH YOUR NEIGHBOR TO LOOK INTO ACQUIRING SUCH AN I? WE CAN'T FORCE ANYBODY TO DO ANYTHING OR PUT CONDITIONS.
THAT IS JUST SOMETHING THAT WE HAVE LIKED TO SEE IN THE PAST.
UH, WHERE SOMEBODY, UH, DID, DID ATTAIN ONE AND, AND FOUND THE LETTER AND FOUND NO, UH, A RECORDED ACCESS EASEMENT, A PERMANENT ACCESS EASEMENT SO THAT YOU WOULD HAVE A LEGAL RIGHT TO DO THAT.
AND SO IF YOU WOULD LIKE SOME TIME TO ENTERTAIN THAT, UM, THAT MIGHT BE HELPFUL TO YOU.
OTHERWISE WE CAN MOVE FORWARD, UH, TODAY HERE.
BEFORE WE, UM, I, I'M A LITTLE CONCERNED AS COMMISSIONER STEVENS POINTED OUT, UM, AND A LITTLE CONFUSED.
SO THIS SPACE THAT'S BUMPING OUT, THAT IS NOW CURRENTLY STORAGE, THAT IS GOING TO BE PART OF THE REDESIGN FOR THIS A DU YEAH, THE STRUCTURE'S GONNA BE CONVERTED TO AN A DU.
SO THERE'LL BE, IT'D BE LIVING, NO, I'M SORRY, THAT'S NOT CORRECT.
YOU'RE, IT'S NOT GONNA BE AN A DU? NO, SOMEBODY ASKED ME THAT ALREADY.
AND IT'S GONNA REMAIN STORAGE A GARAGE.
WELL, THE, IS THERE A SECOND FLOOR? A DU ON THERE? IS ANY, IS THERE SECOND FLOOR? NO, NO APARTMENT ON THE FIRST OR IT'S ONLY FOR CARS? OR WHAT DO YOU, WHAT IS THE STRUCTURE USED FOR? SO THE STRUCTURE'S GOING TO BE UI THINK WHAT SHE'S REFERRING TO IS THAT PORTION OF IT IS GOING TO REMAIN STORAGE.
SO THAT PORTION THAT WE ARE LOOKING AT, AND THE PORTION THAT'S ONE INCH FROM THE PROPERTY LINE WILL REMAIN STORAGE.
AND WHAT ABOUT THE REST OF THE STRUCTURE? THE REST OF THE STRUCTURE WILL BE AN A DU.
[00:25:01]
IT IS GARAGE AND THE OTHER, AND HALF OF IT WILL REMAIN GARAGE.AND SO, SO I WAS, WHAT IS THE DISTANCE OF THE, THE EXISTING STRUCTURE TO THE BACK FENCE WITHOUT THE, UM, THE EXTENSION? 'CAUSE THAT LOOKS ALSO CLOSE.
UM, YOU KNOW, SO, SO WHERE, WHERE DID THAT COME IN, I GUESS FOR THE ORIGINAL LADY? YOU BACKING UP TO THE FENCE AND IS THAT FIVE FOOT THERE THEN? ROUGHLY? SO IT'S ROUGHLY, OKAY.
SO LOOK, PERSONALLY, I'M, I'M READY TO VOTE ON THIS TODAY.
IF SOMEBODY WOULD LIKE TO MAKE A MOTION FOR CONTINUANCE, I'LL BE HAPPY TO SECOND IT.
CAN I SAY SOMETHING? OKAY, SO, UH, YES.
OH, UM, I MEAN, IF ANYBODY HAS DOUBTS, I, I'LL BE GLAD TO GET THAT.
WHATEVER YOU ASKED FOR, IT'S, IT'S, UM, IF A COMMISSIONER WOULD LIKE TO SEE THAT, WE'LL, THEY'LL, WE'LL ENTERTAIN A MOTION FOR IT.
OTHERWISE, WE WILL VOTE ON THIS AS IS.
IF THERE'S NO ONE SIGNED TO SPEAK, NOBODY.
I'M LOOKING FOR A NO PUBLIC COMMENT.
I'M LOOKING FOR A COMMISSIONER TO MAKE A MOTION ON THIS CASE.
MANNA COMMISSIONER MANNA, I'M GONNA READ IT AS IS, UM, REGARDING CASE NUMBER BOA 2 6 1 0 3.
SO, OKAY, I'M GONNA ACTUALLY BACK UP FOR A SECOND HERE.
SO, WITH REGARDS TO THE EXISTING STRUCTURE, UM, THAT'S NOT PART OF THIS DIALOGUE AT ALL, IS THAT CORRECT? CORRECT.
UM, THEY ONLY REQUIRE A THREE FOOT, UM, SETBACK WITH NO OVERHANG.
SO THE, OR THE STRUCTURE THAT ORIGINALLY THERE WITHOUT THE POP OUT IS NOT, NOT.
OKAY, REGARDING CASE NUMBER BO EIGHT, UM, 2 6 1 0 3 0 0 0 5 2, I MOVE THE BOARD ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED THREE FOOT REAR SETBACK TO ALLOW AN ADDITION TO AN ACCESSORY STRUCTURE TO BE ONE INCH FROM THE REAR PROPERTY LINE SITUATED AT 5 1 9 WEST KINGS HIGHWAY.
HOW CAN BEING FELICE, UH, DENOVO, BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST IN THIS CASE, THERE IS NO INCREASED RISK OF FIRE AND WATER RUNOFF AS A DISTANCE FROM THE STRUCTURE TO THE, UH, NEXT CLOSEST STRUCTURE IS SUFFICIENT TO MITIGATE THIS RISK.
TWO, DUE TO SPECIAL CONDITIONS LITTLE ENFORCEMENT THAT THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE SPECIAL CONDITION ON THIS PROPERTY IS THE LOCATION OF THE EXISTING ACCESSORY STRUCTURE, LEAVING LITTLE ROOM FOR ADDITIONS TO THE REAR.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SUCH VARIANCE WOULD BE IN THE SPIRIT OF THE ORDINANCE AS A REDUCTION OF THE SETBACK WOULD NOT LEAD TO THE INCREASED RISK OF WATER RUNOFF OR FIRE SPREAD.
FOUR, THE VARIANCE IS NOT AUTHORIZED, UH, DOES NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THIS DISTRICT WOULD BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WOULD, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED GRANTING THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS AS THERE IS SUFFICIENT SEPARATION BETWEEN ACCESSORY STRUCTURE AND THE NEXT CLOSEST STRUCTURE TO THE REAR SIX APPLY TO THE OWNER OF PROPERTY FOR WHICH A VARIANCE AS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING WITH THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE CENTER OF THE PROPERTY, UH, BY THE OWNER OF THE PROPERTY, UH, AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT, WHICH HIS PROPERTY IS LOCATED THAT APPLY TO THE OWNER PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES OF THE CURRENT CONFIGURATION OF THE ACCESSORY STRUCTURE LEAVING LITTLE ROOM FOR IMPROVEMENT IN THE REAR END OF MOTION.
SECOND BY COMMISSIONER STEVENS.
SO, SO ONE OF THE THINGS, UM, THAT WE ALWAYS LOOK AT IS, YOU KNOW, THE, THE SAFETY OF THE COMMUNITY ITSELF AND WHENEVER IT IS THAT WE START TO ENCROACH, YOU KNOW, AND GET THIS CLOSE TO LINES, IT, IT, IT BECOMES A LITTLE PROBLEMATIC FOR ME.
AND, AND, AND, AND THEN ALSO FOR, YOU KNOW, FOR THE, FOR THE STRUCTURE AND PART OF IT IS AN A DU, YOU KNOW, THAT BASICALLY INCREASES THAT RISK.
AND, AND I DON'T KNOW THAT THAT AT THAT POINT THAT THIS IS, IS AN APPROPRIATE STRUCTURE FROM MY PERSPECTIVE.
AND SO I WILL NOT BE SUPPORTING THE MOTION.
COMMISSIONER STEVENS? YEAH, I CONCUR WITH COMMISSIONER MANNA.
I THINK YOU'RE IN A POSITION WHERE IF YOU WANT TO TURN THIS INTO AN A DU, YOU PROBABLY HAVE TO CHOP OFF THAT THREE FOOT STORAGE AREA AND THEN YOU'RE FINE.
IT'S JUST SO CLOSE TO THE FENCE LINE THAT I THINK IT BECOMES A FIRE RISK WHEN YOU'RE, YOU'RE CREATING A RESIDENTIAL UNIT OUT OF THIS SPACE.
ANYONE ELSE LIKE TO ADD UNA COMMISSIONER UNA? I WOULD JUST, UH, INFORM MY COLLEAGUES HERE THAT ANY STRUCTURE WOULD HAVE TO GO THROUGH THE BUILDING PERMIT REVIEW, WHICH INCLUDES A FIRE, UH, FIRE REVIEW.
AND SO THAT MAY INCLUDE, YOU KNOW, FIREPROOFING THAT SIDE OR DOING WHATEVER SHE NEEDS TO, UH, REMEDIATE THAT AREA FOR FIRE,
[00:30:01]
UM, COMPLIANCE.ANYONE ELSE LIKE TO ADD? I'M JUST GONNA CHIME IN.
I I, I CAN'T BE BEHIND THIS ONE FOR TWO REASONS.
UM, IT, IT, THERE'S PLENTY OF ROOM ON THE LEFT SIDE OF THE BUILDING TO DO SUCH A POP OUT FOR STORAGE.
THE STORAGE IS NOT ACCESS ROOM WITHIN THE SPACE AND UH, THE REDUCTION IN FIRE, UH, BELOW THE THREE FEET IS JUST, I CAN'T GET BEHIND THAT.
ESPECIALLY SINCE IF IT DID HAD TO BE RATED, YOU CAN'T HAVE OPEN GLAZING LIKE THAT ANYWAY.
SO I JUST, I DON'T SEE HOW THIS COULD BE, UH, CO UH, CO COMPLIANT EVEN IF WE DID ALLOW IT TO MOVE FORWARD.
SO I'LL BE ON, ON THE LEFT SIDE.
UH, SO WITH THAT WE'LL HAVE A ROLL CALL VOTE PLEASE.
COMMISSIONER MANNA, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? NO, I DO NOT CONCUR.
COMMISSIONER REED? UH, NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BANES, I DO NOT CONCUR.
COMMISSIONER DEAN? NO, I DO NOT CONCUR.
COMMISSIONER BRAGMAN? NO, I DO NOT CONCUR WITH FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER EZ? NO, I DO NOT.
COMMISSIONER VASQUEZ, I DO NOT CHAIR ORIAN AND I DO NOT CONCUR.
A MOTION FAILS ONE TO 10 IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
MY NAME IS JOSEPH LEOS, I'M A SENIOR PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER TWO IS BO OA DASH TWO SIX DASH 1 0 3 0 0 0 2 4 AT 3 3 5 EAST PARK AVENUE.
IT'S WITHIN, UH, COUNCIL DISTRICT ONE.
THE APPLICANT IS, UH, KILLING GRIFFIN AND FAIRMONT AND THEY'RE REQUESTING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
AND THE CURRENT ZONING IS R SIX FOR RESIDENTIAL SINGLE FAMILY.
UH, AGAIN, THE SUBJECT PROPERTY IS LOCATED AT 3 3 5 EAST PARK SURROUNDING LAND USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTIFAMILY.
AGAIN, THEY ARE REQUESTING A SPECIAL EXCEPTION TO ALLOW FOR AN ADDITIONAL TYPE TWO ON THE BLOCK FACE, UM, PER SECTION 35 DASH 37 4 0.01 OF THE CITY CODE TYPE TWO SHORT-TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OF THE TOTAL NU NUMBER OF UNITS ON BLOCK PHASE.
SO THIS IS THE TYPE TWO DENSITY COUNT.
UM, THERE ARE 33 UNITS ON THIS BLOCK PHASE.
IT RANGES, IT GOES FROM THREE 15 TO 6 45.
UM, THERE ARE FOUR ACTIVE TYPE TWOS CURRENTLY ON THIS BLOCK FACE LOCATED AT 3 2 7 EAST PARK.
UM, ALL FOUR ARE GRANDFATHERED.
UM, SO CURRENTLY THE BLOCK FACE IS AT 12.1% AND IF THIS ADDITIONAL TYPE TWO IS APPROVED, IT'LL BE AT 15%, WHICH EXCEEDS OUR DENSITY CAP FOR TYPE TWOS.
UM, THERE ARE NO CODE VIOLATIONS OR INVESTIGATIONS, UM, AND NO ACTIVE LISTINGS.
AND THIS IS THE SITE PLAN, THE SUBJECT PROPERTY AND THE SURROUNDING AREAS DO OKAY FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS A A DENIAL OF THE APPLICANT'S REQUEST.
AND THIS IS THE NOTIFICATION PLAN.
WE RECEIVE TWO IN FAVOR TO AN OPPOSITION.
THE TOBIN HILL COMMUNITY UM, NEIGHBOR ASSOCIATION IS IN OPPOSITION.
UH, WE HAD NO RESPONSE FROM THE DISTRICT ONE RESIDENT ASSOCIATION AND THEN NO RESPONSE FROM THE COMMUNITY GROUPS.
UH, AND THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
THAT THE APPLICANT COME FORWARD.
ALRIGHT, PLEASE STATE YOUR NAME, TELL US ABOUT YOUR SDR.
HI, GOOD AFTERNOON COMMISSIONERS.
ASHLEY FAIRMONT WITH KILLING GRIFFIN AND FAIRMONT.
UH, NICE TO SEE YOU ALL AGAIN.
UM, IF YOU RECALL, I THINK ALMOST EVERYBODY WAS HERE LAST TIME.
UH, WE CONTINUED THIS CASE FROM THE LAST MEETING.
UH, JUST TO PROVIDE A LITTLE BIT MORE INFORMATION, I DO HAVE A PRESENTATION, UH, WHILE HE'S PULLING THAT UP, I, I DO WANT TO MENTION, AND I I DIDN'T MENTION IT LAST TIME, I DIDN'T KNOW IF I WAS ALLOWED TO.
UM, BUT THIS CASE, THE REQUEST FOR THE SPECIAL EXCEPTION DID COME BEFORE YOU GUYS ABOUT 15, 16 MONTHS AGO.
AND IT WAS DENIED AT THAT POINT.
UM, THERE IS ONGOING LITIGATION RELATED TO THIS, UM, PROPERTY AND THE, THE DENIAL OF THAT.
UM, AND AS PART OF THAT, THE PARTIES IN THE LITIGATION AGREED THAT WITH ONE STR LESS ON THE BLOCK
[00:35:01]
NOW SINCE THE LITIGATION STARTED, THAT IT WOULD BE APPROPRIATE TO COME BACK TO THE BOARD TO CONSIDER IT AGAIN.SO THAT CASE IS ONGOING, BUT THAT IS WHY WE ARE MAKING THE REQUEST AGAIN.
I JUST WANNA MAKE SURE YOU GUYS ARE AWARE OF THAT.
SO JUST TO BE CLEAR, THERE, THERE WERE TWO AND YOU WERE TRYING TO ADD A THIRD, 15 MONTHS AGO, AND NOW THERE'S ONE AND YOU'RE TRYING TO, SO THERE WERE FIVE.
OH GEEZ, BECAUSE THERE'S THE FOUR IN THE BUILDING NEXT DOOR.
SO THE ONLY OTHER STR TWOS ON THE BLOCK ARE RIGHT NEXT DOOR IN ONE STRUCTURE.
UM, THERE WAS ANOTHER ONE AND SO THAT FIFTH ONE IS NOW NO LONGER IN STR TWO.
UM, I KNOW YOU GUYS HAVE A LOT ON YOUR PLATE TODAY, SO I WILL NOT DO THE FULL
UM, BUT JUST TO RECAP AGAIN, WE'RE ASKING FOR THE SPECIAL EXCEPTION.
UM, HERE IS THAT PROPERTY AT 3 3 5 EAST PARK, THE ONE TO THE LEFT, UM, ON THE SAME SIDE OF THE STREET.
THAT IS WHERE THE FOUR STR TWOS ARE LOCATED.
UM, AND JUST WHILE LOOKING AT THIS MAP, JUST SO YOU GUYS ARE AWARE, THE PROPERTY ACROSS THE STREET, UM, THAT NEIGHBOR IS IN SUPPORT AND THEN THE PROPERTY IMMEDIATELY NEXT DOOR TO THE RIGHT IN THIS PICTURE, THEY'RE ALSO IN SUPPORT.
SO HERE'S WHAT THE STRUCTURE LOOKS LIKE NOW.
UM, AS I MENTIONED LAST TIME, THERE'S BEEN $201,000 THAT WENT INTO THE RENOVATION ONCE IT WAS PURCHASED.
UM, AND I DO HAVE A, A PICTURE FROM BEFORE, A LITTLE BIT FURTHER IN THE PRESENTATION, BUT HERE'S THE BACK OF THE STRUCTURE.
UM, AGAIN, TWO STORY BUILT IN 1909.
IT IS PART OF THE TOBIN HILL HISTORIC DISTRICT.
SO MEANING EVERY STRUCTURE IS CONSIDERED HISTORIC WITHIN THAT DISTRICT, UNLESS DEEMED OTHERWISE BY HISTORIC STAFF.
UH, AND THEN THERE'S JUST A LIST OF THE RENOVATIONS THAT WERE COMPLETED TO BRING THIS REALLY UP TO KIND OF WHAT, WHAT IT SHOULD BE.
UM, HERE'S JUST A MAP FROM 2024 THAT SHOWS WHERE THAT FIFTH STR USED TO BE, UH, TO THE LEFT OF THE ONE WITH THE FOUR.
AND THEN THE CURRENT STR UM, I'LL GET INTO THIS A LITTLE BIT LATER, BUT PART OF THE HISTORY ON THE PROPERTY WAS THE OWNER WHEN HE PURCHASED IT, UM, DID BELIEVE HE COULD DO AN STR ON THIS PROPERTY.
I KNOW I WENT THROUGH THAT LAST TIME, BUT JUST A REMINDER.
AND AT, AT THAT TIME IT WAS NOT VERY CLEAR AT ALL OR ANY INFORMATION REALLY REGARDING THAT.
THE PROPERTY NEXT DOOR HAD FOUR STR AS OPPOSED TO ONE.
UM, SO HE PURCHASED THE PROPERTY AND GOT A LOAN TO BUY IT AND TO DO THE RENOVATIONS BEGAN.
THOSE RENOVATIONS APPLIED FOR AN STR TWO PERMIT AND WAS DENIED, UH, DUE TO THE DENSITY ON THE BLOCK.
UM, AND JUST ALSO A REMINDER, YOU CANNOT APPLY FOR A PERMIT UNLESS YOU OWN THE PROPERTY.
UM, SO JUST AGAIN, SOME PICTURES OF THE INTERIOR OF THE STRUCTURE SINCE THE RENOVATION.
SO ONE OF THE SPECIAL EXCEPTIONS AND ALLOWANCES THAT WE TALKED ABOUT LAST TIME WAS FOR HISTORIC, UH, DISTRESS STRUCTURES.
SO, UM, HERE'S THE CODE SECTION.
THE APPLICANT MUST DEMONSTRATE AND THE BOARD MUST FIND THE RESTORATION OF A HISTORIC LANDMARK STRUCTURE IS A VALUABLE ADDITION TO THE QUALITY AND THE CHARACTER OF THE CITY.
SO OUR POSITION IS, IS THAT RESTORATION OF HISTORIC STRUCTURES IS OF GREAT VALUE TO THE CITY.
UM, WE DO NOT WANT THE HISTORIC STRUCTURES TO BE DEMOLISHED, UM, AND WANT TO KEEP THEM OBVIOUSLY IN PERPETUITY.
SO REINVESTING IN THOSE STRUCTURES IS SOMETHING THAT SHOULD BE ENCOURAGED AND I THINK THAT'S WHY IT'S PART OF THIS, OF THE ORDINANCE.
UM, WITH STR, DOES THAT GIVE THE ABILITY TO INVEST IN THESE STRUCTURES AND KEEP THEM? SO HERE IS A PICTURE, UM, OF WHAT THE STRUCTURE LOOKED LIKE WHEN IT WAS PURCHASED.
UM, AND THEN WE DON'T HAVE TOO MANY, THERE WEREN'T A LOT OF PICTURES TAKEN, BUT JUST KIND OF TO DEMONSTRATE THAT AS A PICTURE OF THE FRONT.
AND THEN, YOU KNOW, THE INTERIOR, A LOT OF ISSUES THAT WINDOW I INCLUDED BECAUSE IT WAS SHEET ROCKED FROM THE INSIDE.
UM, SO A LOT OF THINGS THAT HAD TO BE FIXED WITH THIS REALLY TO MAKE IT HABITABLE.
AND THE, THE BACK THAT'S KIND OF MID RENOVATION WHERE YOU CAN SEE THE, THE BACK DECK BEING ADDED TO THE SECOND STORY AND THEN HERE'S WHAT THE STRUCTURE LOOKS LIKE NOW.
SO I DON'T THINK ANYONE WOULD DISAGREE THAT THIS HASN'T BEEN A GOOD INVESTMENT, UM, IN THIS HISTORIC PROPERTY.
AND IT'S, IT'S REALLY A BEAUTIFUL STREET IF YOU DRIVE DOWN AND SEE THE HOMES THERE.
UH, THE SECOND PART OF THIS SECTION OF THE CODE, UM, IS, SO IT'S RESTORATION OF HISTORIC STRUCTURE OR, UH, SO THAT IS OUR FIRST POSITION.
WE BELIEVE THAT IT QUALIFIES FOR A DENSITY, UM, EXTRA DENSITY ALLOWANCE BECAUSE IT IS A VALUABLE CHARACTER TO THE HISTORIC IN THE ALTERNATIVE.
UM, THE REST OF THE, THIS SECTION SAYS THERE'S PROOF THAT THE ONLY ECONOMICALLY FEASIBLE WAY TO FINANCE
[00:40:01]
THE PRESERVATION OF THE STRUCTURE, UM, IS WITHIN STR.AND THEN THE BOARD AGREES THAT IT DOESN'T IMPACT THE RESIDENTIAL QUALITY.
SO JUST SOME ADDITIONAL FINANCIAL INFORMATION, WHICH YOU ALL REQUESTED LAST TIME.
UH, THE PROPERTY WAS PURCHASED IN JULY OF 2023, UH, $520,000.
UM, AGAIN, AS I MENTIONED, NOTHING TO INDICATE THE DENSITY LIMITATIONS WERE ALREADY MET ON THE BLOCK FACE BEGAN THE RES UH, RENOVATIONS APPLIED FOR THE STR PERMIT, UM, AND DENIED.
BUT AT THAT POINT YOU HAVE A LOAN YOU'RE ALREADY IN.
UM, SO COMPLETED THE RENOVATIONS OF THAT AND SO SPENT, UH, $201,000 DOING THAT.
UM, IT'S SMALL, BUT IF ANYBODY WANTS TO DIG INTO THE NUMBERS, THAT IS THE ACTUAL AMOUNT OF MONEY SPENT ON THE RENOVATIONS.
UM, SO WHEN THE STR UH, PERMIT WAS DENIED, THE OWNER THEN LISTED THE STRUCTURE.
IT WAS LISTED FOR, UM, ALMOST ALL OF 2024.
UM, REDUCED THE PRICE A FEW TIMES BUT COULD NOT SELL IT.
SO WENT BACK THEN TO LOOK AT, AGAIN, APPLYING FOR THE STR, UM, DENSITY EXCEPTION FROM YOU ALL.
SO THEN THE, AND SO IT WAS NOT SOLD NO STR, SO THE ONLY OPTION THEN IS TO LEASE FOR 30 DAYS OR LONGER, UM, EITHER THROUGH AIRBNB OR SOMEONE WHO DOES THE LONG-TERM LEASES OR A LONG-TERM 12 MONTH SAY SIX MONTH LEASE.
SO, SO THE ISSUE WITH THAT, UM, AND THIS IS JUST KIND OF THE MONTHLY HOLDING COSTS ON THE PROPERTY, AND THIS IS REALLY WHERE, YOU KNOW, SOME OF THE FINANCIAL ISSUES COME IN WITH REGARDS TO THE STR, UH, PERMIT EXCEPTION.
SO, UM, SPENT THE, UM, $520,000 ON THE HOUSE, $201,000 IN RENOVATIONS, AND THEN THESE ARE THE MONTHLY HOLDING COSTS.
SO THIS HAS BEEN GOING ON NOW SINCE THE PROPERTY'S PURCHASED IN JULY.
UM, AND, AND THIS IS JUST A KIND OF A TYPICAL MONTH.
I MEAN, I, THAT CAN FLUCTUATE A LITTLE BIT, BUT, SO THIS PROPERTY IS OBVIOUSLY LOSING MONEY
UM, AND IT WAS PROGRAMMED AS AN STR REALLY PROPERTY.
AND SO WHEN YOU COULDN'T SELL IT, UM, YOU KNOW, WE'RE KIND OF LEFT WITH WHAT, WHAT TO DO.
AND SO THIS IS THE MONTH, AGAIN, MONTHLY COST.
UM, IT IS FAR MORE FINANCIALLY FEASIBLE TO, UM, RENT AS AN STR THAN ON THE LONGER TERMS, PARTICULARLY THE 30 DAY OR SO.
UM, AND SO I'M HAPPY TO ANSWER ANY QUESTIONS, BUT THAT'S GONNA WHERE WE ARE.
I'M, I'M GLAD YOU BROUGHT ALL THAT UP.
THAT'S WHAT I WANTED TO KINDA INFORMATION, I WANTED TO KNOW FROM THE LAST TIME THIS WAS HERE.
BUT, UH, MY, MY QUESTION IS WHEN IT, WHEN IT WAS ON THE MARKET, WHAT WERE YOU ASKING? UM, SO I HAVE THAT FOR YOU.
IT STARTED OFF AT, I CAN TELL YOU IT STARTED AT EIGHT 50 AND IT GOT DOWN TO I BELIEVE 7 79.
AND WHAT IS A GOING RATE FOR A HOUSE IN PRISTINE SHAPE IN THAT AREA? DO YOU HAVE, DO YOU KNOW? I DUNNO.
IT STILL DIDN'T TRADE AT THAT PRICE.
BECAUSE YOU'RE GETTING, UH, GETTING REALLY CLOSE TO THE MONEY YOU SPENT ON IT, ESPECIALLY IF YOU HAD TWO YEARS OF TAXES AND INSURANCE AND WHATNOT, SO, OH YEAH.
IS ANY COMMISSIONER QUESTIONS? I HAVE A QUESTION FOR COMMISSIONER REED.
IF THIS WERE TO BE, UM, USED AS STR, WHAT'S THE OCCUPANCY? SO THEY'RE, LET ME SEE IF I CAN GO BACK TO THE SITE PLAN.
SO YOU CAN SEE HERE THAT THERE'S SHOULD BE FOUR BEDROOMS ON HERE AND TWO BATHS.
HOW, HOW MUCH PARKING IS PROVIDED OFF, OFF STREET? UM, THERE'S A VERY LONG DRIVEWAY ON THE PROPERTY, SO YOU COULD FIT AT LEAST THREE CARS ON THERE, AT LEAST SEE IF I CAN.
I DON'T HAVE THE GREAT SHOT OF IT, BUT IT'S IN FRONT OF THAT GATE AND BEHIND THAT GATE COMMISSIONER ZUNI.
YEAH, THERE'S QUESTIONS FOR STAFF REGARDING THAT EXEMPTION FOR HISTORIC STRUCTURES, REDEVELOPMENT AND, AND PROVIDING EXEMPTION FROM THE SHORT TERM OR ABILITY FOR MORE OF AN ADMINISTRATIVE GRANT.
HOW, HOW MANY OF THOSE HAVE, HAVE BEEN APPROVED OR, I I JUST DON'T SEE THOSE OFTEN.
I DON'T KNOW WHAT THE, I BELIEVE WE DON'T HAVE MANY THAT, UM, UTILIZE THIS SECTION OF THE CODE IS USUALLY JUST SECTION 35 DASH 37 4 0 1 ABOVE SPECIAL EXCEPTION.
WE HARDLY SEE ONE USING THE HISTORIC DISTRESSED.
SO ALMOST NONE IS WHAT I'M HEARING.
UM, DID YOU MEET AGAIN WITH TOBIN HILL TO SEE IF
[00:45:01]
YOU COULD CHANGE THEIR MIND ABOUT AND SHOW THE NUMBERS TO THEM ABOUT WHAT THE INVESTMENT WE REACHED BACK OUT AND THEY DIDN'T RESPOND? MM-HMMAND AS I MENTIONED THE LAST TIME, UH, TOBIN HILL IS ONE OF THE NEIGHBORHOODS IN DISTRICT ONE THAT IS SATURATED, JUST SATURATED WITH ST THE OTHER ONE IS DISTRICT TWO.
UM, SO FOR ME, IT'S REALLY HARD FOR ME TO VOTE FOR THIS IF THE NEIGHBORHOOD ASSOCIATION IS OPPOSING IT.
UM, SO I WAS REALLY HOPING THAT YOU COULD HAVE, WE WERE HOPING THEY'D MEET WITH US TOO.
BUT THEY, AS WE TALKED ABOUT LAST TIME, THEY JUST HAVE THAT BLANKET, NO POLICY.
ANYONE ELSE? YEAH, BON BON, UH, HAVE, HAVE YOU, UH, LOOKED AT THE CURRENT MARKET RENTS AND, AND WHAT THAT WOULD GO FOR LIKE WITH A LONG TERM TENANT FOR THIS PROPERTY? IT'S ABOUT $3,000 A MONTH.
AND SO, AND SO TO FOLLOW UP ON PART OF THE DIALOGUE, YOU KNOW, ONE OF THE THINGS I ALWAYS LOOK AT IS THAT DENSITY IN THE SATURATION IN THE COMMUNITY AND WITHIN A QUARTER MILE PERIMETER THERE'S LIKE 33 OTHER SHORT-TERM RENTALS.
SO THIS NOT ONLY IS THE WHOLE AREA, BUT THIS BLOCK OR THIS, THESE FEW BLOCKS ARE ALSO PRETTY HIGH DENSITY.
SO, SO I DO STR UH, STRUGGLE WITH THAT AND THEN AGAIN REITERATING WITH REGARDS TO TOBIN HILL AND SO, UM, YOU KNOW, SO, SO I DO HAVE SOME CONCERNS THERE, SO IT'S ALRIGHT.
WE, SORRY JUST TO SAY WE RECOGNIZE THAT IT'S, IT'S DIFFICULT.
UM, IT'S DIFFICULT TO BE HERE TOO, MAKING THE REQUEST.
UM, WE APPRECIATE YOU ALL'S CONSIDERATION.
UM, IT'S HARD BEING NEXT DOOR TO A BUILDING ALSO THAT HAS FOUR STR.
UM, AND SO I KNOW THAT, I KNOW SOME OF YOU WOULD NEVER VOTE FOR A STR DENSITY EXCEPTION.
UM, BUT WE THINK THIS ONE IS UNIQUE IN WHERE IT'S LOCATED AND THEN THE CIRCUMSTANCES REGARDING THE HISTORIC RENOVATION AND IF THIS WERE TO PASS IT, IT, IT WOULD BE AT 14%.
UH, IS THERE ANYONE TIME TO SPEAK? NO PUBLIC COMMENT.
IS THERE ANY OTHER QUESTIONS? UH, BONNI REAL QUICK, CAN WE PUT THAT, PUT, UM, HISTORIC, UM, UH, WHAT SHE'S TRYING TO GET THE EXEMPTION, LIKE HER, HER ARGUMENT IS THOSE THREE CRITERIA, RIGHT? THE, UM,
AND THIS IS YOUR MAIN ARGUMENT, RIGHT? LIKE THIS, THIS IS THE MAIN THING YOU'RE GOING OFF OF IS, IS RIGHT HERE.
SO OUR, OUR MAIN ARGUMENT IS IT'S, THERE'S TWO PARTS OF THIS YEAH.
IS ONE THAT IT'S A VALUABLE ADDITION TO THE CHARACTER AND THEN, OR IN THE ALTERNATIVE THE ECONOMIC FEASIBILITY.
DO YOU KNOW HOW LONG THIS PROPERTY WAS VACANT BEFORE IT WAS, UH, PURCHASED? I KNOW THAT I, I DON'T KNOW HOW LONG IT WAS VACANT, BUT I DO KNOW THAT THE PREVIOUS OWNER HAD PURCHASED IT WITH THE INTENT OF RENOVATING IT, DID SOME RENOVATIONS AND DID NOT FINISH.
THE OWNER NOW CAME IN, PURCHASED IT, HAD TO BASICALLY REDO ALL OF THAT WORK, UM, AND KIND OF START OVER.
SO THE, THE PREVIOUS ONE COULD NOT FINISH IT.
COMMISSIONER Z? YEAH, IT WAS JUST A FOLLOW UP QUESTION.
UM, SO THE CODE, I GUESS SECTION READS THAT A SPECIAL EXEMPTION APPROVAL TO OPERATE SHORT TERM.
UM, DESCRIBE THE SECTION MAY BE GRANTED FOR THE FOLLOWING STRUCTURES AND THEN IT GOES ITEMIZES THEM.
SO IT'S MAYBE GRANTED WHO HAS THAT GRANTING AUTHORITY? IS IT WITHIN US ADMINISTRATIVE OR THE BOARD HAS THE ABILITY TO GRANT IT SO WE HEAR, YEAH, WE HAVE A, WE HAVE A VIABLE BASED ON THESE THREE CRITERIA OR TWO.
WHAT ONE ARE THOSE THREE? WELL, THE TWO.
BUT WE'VE NEVER, THERE'S NEVER BEEN A GRANTING OF THIS SECTION WITHIN, SO WHY HAVE THIS SECTION IF IT'S NEVER UH, I I I THINK I, I WANT TO SAY I'VE HEARD SOMEBODY HINT AT IT.
I DON'T THINK THAT WE EVER USED IT, UH, BUT WE BROUGHT IT UP BEFORE
I REMEMBER MAYBE IT WAS, IT WAS YOURS WAS US.
THAT HAD TO HAVE BEEN IT SAME PROPERTY CHAIR.
IF WE USE THESE THREE BULLETS FROM, UH, THIS SECTION, UM, IT IS A FACT THAT THEY HAVE, THEY MEET THAT CRITERIA, UH, REGARDLESS OF HOW TOBIN HILL NEIGHBORHOOD ASSOCIATE ISSUE FEELS ABOUT IT.
WELL, MY, MY THING ABOUT THIS IS IS THAT IF TOBIN HILL'S ALWAYS GONNA SAY NO, I KIND OF HAVE TO PUT SOME WEIGHT ON ON THAT, BUT FOR THIS, FOR THIS ISSUE, YOU KNOW, THE HOUSE IS, THE HOUSE IS EITHER GONNA REMAIN DILAPIDATED 'CAUSE NO ONE'S GONNA BUY IT AND SINK ALL THAT MONEY INTO IT TO HAVE SOMETHING THERE WHERE THEY'RE UPSIDE DOWN IN.
AND, AND THE ONE THING THAT THAT IS SO GREAT ABOUT STR IS THAT THEY ONLY HAVE A THREE YEAR SHELF LIFE.
THIS APPLICANT WILL HAVE TO COME BACK HERE EVERY THREE YEARS AND POSSIBLY IN THREE YEARS, MAYBE THEY WON'T HAVE, UH, AS MUCH OF A, A, A DEBT ON THE PROPERTY AND PERHAPS THEY COULD ATTEMPT TO SELL IT, UH, AND, AND, AND GET THIS INTO SOMEBODY'S HANDS INSTEAD OF BEING A SHORT-TERM RENTAL.
I HAVE NO, I PERSONALLY DON'T HAVE AN ISSUE WITH GIVING THEM THREE YEARS JUST TO TRY TO GET, YOU KNOW, NOT BE UNDERWATER ON THE PROPERTY.
SO THE ADJOINING PROPERTIES THAT HAS A RENTALS DON'T, THOSE LICENSES ALSO COME UP FOR, THEY'RE
[00:50:01]
GRANDFATHERED THEIR GRANDFATHER, THEY'RE ALL GRANDFATHERED, ALL FOUR OF THEM SO THEY CAN, THEY'RE LOCKED IN AS LONG AS THEY WANT TO BE THERE.UM, AND SO I I I HAVE TO TAKE THAT INTO CONSIDERATION AS WELL.
UM, SO THAT EFFECTIVELY LOCKS OUT ANY STRUCTURES ON THIS BLOCK IF ANYBODY WANTS TO KIND OF GO THROUGH A REDEVELOPMENT OF ANY AND, AND JUST TO BE, UH, JUST ALSO IF, IF THE PROPERTY NEEDS TO BE REPAIRED AND THE $200,000 IS A LOT OF REPAIR, IF IT NEEDS TO BE REPAIRED, THEY'RE NOT EVEN ALLOWED TO TO ASK FOR AN SDR UNTIL IT'S IN A LIVABLE CONDITION, CORRECT? YES, THAT'S CORRECT.
SO I MEAN, TO ME THERE'S A REASON WHY THIS, THIS SECTION'S SAYING TO ME THAT'S ALMOST A FAILURE OF THE SHORT TERM.
CAN I ANSWER ONE QUESTION? SORRY.
IT'S FOUR YEARS ON THE VACANCY, MAN.
SO FOLLOW, YEAH, FOLLOW UP ON THIS LINE.
SO, SO IF I UNDERSTOOD CORRECTLY, THE CITY DOES NOT HAVE THE ABILITY TO LOOK AT THESE THREE POINTS AND THESE ARE THE THREE POINTS THAT ARE DONE BY THE BOARD, OR DOES THE CITY CONSIDER THESE THREE POINTS AS WELL? AND THE REASON I'M ASKING THAT QUESTION IS WHAT, WHAT IS, YOU KNOW, I GUESS WHY WAS YOUR POSITION, IF IT, IF IT IS THE CASE THAT THE CITY CAN MAKE THE DECISION WHY IS IT OR WHAT, WHAT ABOUT THESE POINTS DID YOU NOT CONSIDER WAS RELEVANT FOR THIS PARTICULAR DIALOGUE? WE, WE BASE OUR DECISION OFF THIS SPECIAL EXCEPTION TYPE TWO AND THE DENSITY RULES.
SO THIS WOULD LEAVE IT UP TO THE BOARD.
AND, AND I'D JUST LIKE TO SAY SOMETHING HERE.
YOU KNOW, IT, YOU KNOW, YOUR, YOUR THIRD POINT ON THERE WOULD SAY, YOU KNOW, IT ADVER IT, YOU KNOW, HOW DOES THIS ADVERSELY IMPACT THE RESIDENTIAL QUALITY OF THE NEIGHBORHOOD? I THINK IT BEING VACANT FOR FOUR YEARS, IT, IT ADVERSELY AFFECTS IT MORE THAN IT BEING, YOU KNOW, FIXED UP AND RUNNING AS ANOTHER STR.
SO IT, YOU KNOW, IN MY OPINION, I, I THINK THEY MEET ALL THREE OF THE, THE CRITERIA.
WELL, I LIKE SEEING THE GREEN CHECK MARKS ON THE NEIGHBOR ACROSS THE STREET AND NEXT DOOR SO THAT THAT DOESN'T SEEM TO BE ADVERSELY AFFECTING THEM.
DEAN, COMMISSIONER, DEAN, UH, YOU HAD TALKED ABOUT THAT YOUR CURRENT SITUATION IS YOU'RE DOING 30 DAYS OR, OR GREATER OR GREATER.
UM, DO YOU HAVE ECONOMICS ON THAT? UM, SO I CAN, YEAH, I CAN GIVE YOU A LITTLE BIT OF INFORMATION ON THAT.
SO THOSE ARE ABOUT FOR A MONTH, ABOUT $2,800, UM, ON THE 30 DAY PLUS LEASES.
THE ISSUE THERE IS YOU LEASE FOR 30 DAYS AND THEN SAY YOU HAVE SOMEBODY WHO LEASES MONTH OF JANUARY AND THEN THE NEXT INTERESTED PERSON SAYS, I WOULD LIKE TO COME MARCH OR FEBRUARY 20TH.
THEN YOU HAVE BASICALLY 20 DAYS, YOU CANNOT RENT THE STRUCTURE IN BETWEEN BECAUSE THEY HAVE TO BE 30 DAYS OR LONGER.
UM, SO THEY'RE ABOUT, I GET ABOUT $2,800 FOR 30 DAYS ON THAT, BUT IT LEAVES A LOT OF VACANCY, UM, IN THE CALENDAR YEAR.
ANYONE ELSE HAVE ANY OTHER QUESTIONS? ALL RIGHT THEN.
REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 24.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 3 3 5 EAST PARK AVENUE APPLICANT BEING KILLING GRIFFIN IN FAIRMONT PLLC.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGERED THE PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A REASON, A REASON BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IT ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH A PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE-FAMILY AND MULTI-FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL.
THE ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, UH, RECREATION, OPEN SPACE AND OTHER NECESSARY FACILITIES HAVE BEEN OR BEING PROVIDED.
THE SUB SUBJECT PROPERTY PROVIDES OFF STREET PARKING APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTALS LICENSE.
CONFIRMED CITATIONS ARE ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE PRIOR YEAR OF THE DATE OF THE APPLICATION.
THE APPLICANT OWNER DOES NOT HAVE ANY PREVIOUSLY CONFIRMED CITATIONS OR ADJUDICATED OFFENSES, UH, OFFENSES CONVICTIONS.
THERE HAVE BEEN TWO SHORT-TERM RENTAL LICENSE REVOKED AT OTHER PROPERTIES, BUT NOT WITHIN THE LAST 12 MONTHS.
F THE SPECIAL EXEMPTION WILL NOT ALTER THIS ESSENTIAL CHARACTER OF THIS DISTRICT AND LOCATIONS FOR WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL WITH THE PROPERTY OWNER PROVIDING ALL STREET PARK AND MAINTAINING IT FROM THE N AND MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXEMPTION DOES NOT APPEAR TO ALSO TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXEMPTION AND OF MOTION.
SECOND BY COMMISSIONER ILLA? COMMISSIONER.
[00:55:01]
YES.SO I WILL BE SUPPORTING THE MOTION.
I MEAN THERE REA THESE ITEMS WERE BUILT INTO THE CODE.
I GUESS TO ADDRESS SITUATIONS SPECIFIC TO THIS, I THINK THE, THE PRIOR USE OF THE PROPERTY IS DISTRESSED.
THE, THE APPLICANT'S IMPROVEMENT OF THE PROPERTY, YOU KNOW, HA HA HAS TO HAVE SOME ECONOMIC BENEFIT AND THE SHORT-TERM RENTAL WAS PROVEN TO ME THAT IS THE ONLY ECONOMIC BENEFIT.
UM, WE DID SEE SOME OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION, BUT TO ME IT'S KIND OF BLANKET AND THAT IS ALMOST OFFSET BY THE FACT THAT WE, WE LOST ONE OF THE SHORT-TERM RENTAL.
SO IT'S NOT AS DENSE AS IT WOULD'VE BEEN PRIOR BECAUSE OF THAT, UH, SHORT-TERM RENTAL LICENSE THAT WAS TAKEN OFF OF THAT MARK OF THAT STREET EAST PARK AVENUE.
SO THE DENSITY IMPACT IS, IS LESS.
AND THEN OF COURSE IT'S A, THERE'S A FOUR YEAR PERMIT ONLY GIVE 'EM KIND OF A TEST PERIOD TO SEE HOW IT RUNS AND THEN IT'S NOT WORKING OUT.
THEY, THEY'RE BACK BEFORE THE BOARD AND WE CAN REVOKE IT.
UH, COMMISSIONER BEEZ, UH, YEAH, I'M GONNA BE IN SUPPORT AS WELL.
I, I AGREE WITH COMMISSIONER OZUNA ALSO, YOU KNOW, REGARDLESS OF HOW DO AND HILL FEELS OR HOW ANY OF US FEEL, I THINK THEY MEET THE THREE CRITERIA HERE, UM, FOR THE SPECIAL EXEMPTION.
UM, SO JUST, JUST BOTH OF THAT.
ANYONE, UH, IVANEZ COMMISSIONER BANEZ.
NORMALLY I WOULD NOT VOTE FOR THIS BECAUSE OF MY CONCERN OF THE DENSITY IN DISTRICT ONE.
UM, AND BECAUSE THE OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION.
BUT I'M GONNA USE THE FACTS FROM THIS SPECIAL EXEMPTION UGC 35 3 8 9 0.03 NUMBER, UM, H AND THE THREE BULLETS UNDER NUMBER ONE FOUR DISTRESS STRUCTURES.
I'M USING THAT AS, AS MY, UH, SUPPORT FOR THE, UM, APPLICANT'S REQUESTS.
ANYONE ELSE? UH, AND I WOULD LIKE TO JUST SAY THAT UH, IF THIS WERE TO PASS TODAY IN THREE YEARS, I'LL SEE HOW THEY ARE FINANCIALLY AT THAT POINT, BUT, SO, BUT I THINK THEY SHOULD, THEY SHOULD, THEY SHOULD GET AT LEAST A THREE YEAR.
SO I'LL BE IN SUPPORT OF THIS.
UH, LET'S HAVE A ROLL CALL VOTE.
TO ME, UH, TO ME THE ECONOMICS, YOU KNOW, I, WHEN I HEARD THE 30 DAYS THAT THEY'RE MAKING 20 APPROXIMATE 28, I THINK THAT'S, UH, A REASONABLE ECONOMIC NUMBER.
UM, YOU KNOW, THE, FROM THE NUMBERS I'VE SEEN THAT YOU'D DEPRECIATE OVER THE 30 YEARS OR UM, WHATEVER TERM THAT THEY HAD.
UM, JUST SOME QUICK ANALYSIS THAT I WAS DOING.
I THINK, UM, IT DOESN'T WARRANT, UM, YOU KNOW, UH, A SPECIAL EXCEPTION BECAUSE I THINK, UH, YOU KNOW, IF YOU RENT IT LONG TERM FOR 28, UM, WHAT WAS IT, 2,800 A MONTH, UM, I THINK THEY WOULD BE DOING WELL, UM, FOR 30 YEARS.
UM, ANYONE ELSE? LET'S HAVE A ROLL CALL.
COMMISSIONER UNIS? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN, I DO NOT CONCUR.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ, I CONCUR.
MOTION DOES FAIL SEVEN TO FOUR.
SO IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF ITEM THREE AND PULL UP THE OTHER.
UH, TYLER ADAM, UH, PLANNER DEVELOPMENT SERVICES.
UH, THIS IS BO A 2 6 1 0 3 0 0 0 1 8.
UM, ADDRESS IS 2 21 IRA AVENUE CO.
IN COUNCIL DISTRICT TWO APPLICANT.
IT'S TIM HENDRICKS AND THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT
[01:00:01]
ON THE BLOCK FACE.IT IS TYPE TWO AND, UH, PROPERTY IS ZONED MULTIFAMILY.
UM, AS MENTIONED, THE SUBJECT PROPERTY IS LOCATED AT 2 21 IRA AVENUE.
SURROUNDING USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTIFAMILY.
THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE PER CITY CODE TYPE TWO SHORTTERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHT OR 12.5% OF THE TOTAL UNITS ON THE BLOCK FACE.
UM, THIS PROPERTY IS A CORNER LOT AND, UM, PER SECTION 16 DASH ONE TEN THREE THREE, NO PROPERTY SHALL BE ELIGIBLE TO OBTAIN SHORT-TERM RENTAL PERMITS.
BY UTILIZING MULTIPLE BLOCK FACES, ALL UNITS ON A LOT MUST BE ASSESSED AS BEING SOLELY ON ONE BLOCK FACE.
UH, WITH THAT SAID, THERE ARE NINE UNITS ON THIS BLOCK FACE WITH ONE ACTIVE TYPE TWO SHORT-TERM RENTAL ALREADY, UM, EXISTING AT THE SUBJECT PROPERTY, 2 21 IRA AVENUE.
UM, FOR THE OTHER UNIT, BLOCK FACE, UH, DENSITY IS CURRENTLY SITTING AT 11%.
UH, WITH, UM, AND IF THIS, UH, REQUEST IS APPROVED, THAT'LL BRING THE DENSITY UP TO 22%.
UH, THE ORIGINAL, UM, SHORT, SHORT-TERM RENTAL PERMIT FOR UNIT ONE WAS ISSUED IN OCTOBER OF 2020.
IT HAS BEEN RENEWED AND DOES NOT EXPIRE UNTIL OCTOBER 15TH, 2026.
UH, DECEMBER 3RD, 2025, THE APPLICANT SUBMITTED, UM, AN APPLICATION FOR UNIT TWO.
UH, THE APPLICANT DID SUBMIT THIS AS 2 0 1 WESLEY, UM, BUT, UH, THERE IS NOT AN APPROVED ADDRESS VERIFICATION ON RECORD FOR THIS ADDRESS.
AND AS MENTIONED, NO PROPERTY SHALL BE ELIGIBLE TO OBTAIN SHORT-TERM RENTAL PERMITS BY UTILIZING MULTIPLE BLOCK BASES.
UH, THERE WAS A CODE INVESTIGATION FOR OPERATING WITHOUT A SHORT-TERM RENTAL PERMIT, UM, OPENED OCTOBER 11TH, 2025, UM, AND WAS, UM, ISSUED AN ADMINISTRATIVE HEARING CITATION IN NOVEMBER, UH, NOVEMBER 18TH, 2025 AND FEBRUARY 6TH, 2026.
THE OWNER WAS HELD LIABLE FOR OPERATING A SHORT-TERM RENTAL WITHOUT A PERMIT.
UM, AND, UH, THIS CASE WAS CONTINUED FROM MARCH 23RD IN THAT TIME, UM, BECAUSE OF CONCERNS BROUGHT UP AT THE LAST MEETING, UM, CODE, UH, CODE ENFORCEMENT HAS ISSUED, UM, OTHER CITATIONS, UM, INCLUDING RIGHT OF WAY CITATIONS FOR VISUAL OBSTRUCTIONS, UH, FOR OVERGROWN VEGETATION.
UM, A CITATION FOR IMPROPER RESIDENTIAL REFUSE PLACEMENT, UM, REGARDING THEIR TRASH CANS, UM, AS WELL AS AN UNPERMITTED FENCE, MATERIAL CITATION FOR A CORRUGATED FENCE.
UM, THIS WAS THE ACTIVE LISTING FOR THE PROPERTY, UH, THE SITE PLAN, AND THEN THE SUBJECT PROPERTY AS WELL AS THE SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST.
UH, ONE WAS WAS ONE WAS RECEIVED IN FAVOR, THREE IN OPPOSITION.
UH, WE'VE RECEIVED NO VOICEMAILS, UH, FOR THIS, UH, CASE.
UM, AND THE APPLICANT WAS ABLE TO SPEAK WITH MINKE PARK NEIGHBORHOOD ASSOCIATION, UM, HOWEVER THEIR STANCE REMAINS IN OPPOSITION AND NO RESPONSE FROM THE SIX CITYWIDE GROUPS.
UM, AND WE DO HAVE, UH, CODE ENFORCEMENT, UM, HERE, UH, TODAY IN CASE YOU HAVE QUESTIONS ABOUT THOSE NEW VIOLATIONS.
I SAID THE APPLICANT COME FORWARD.
TELL US ABOUT YOUR SDR TIM HENDRICKS.
THANK YOU GUYS AND LADIES FOR HAVING ME BACK HERE.
UH, IF YOU RECALL, I WAS, I WAS HERE LAST MONTH.
UH, JUST A, A BRIEF REFRESHER.
I PURCHASED THIS PROPERTY IN 2020.
UH, WE, I OBTAINED A SHORT TERM RENTAL PERMIT AND HAVE BEEN OPERATING IT AS A SHORT TERM RENTAL FOR THE LAST ALMOST SIX YEARS.
UH, I WAS NOT AWARE UP UNTIL LAST FALL THAT I NEEDED TWO INDIVIDUAL PERMITS FOR EACH SIDE OF THE PROPERTY.
UH, THE ADDRESSING 2 0 1 WESLEY VERSUS 2 21 IRA, IT WAS NOT, UH, AN INTENT TO TRY TO SUBVERT ANY RULES.
THOSE ARE THE ADDRESSES THAT I PAY MY CPS AND SAW HIS BILLS TO.
UM, SINCE I BOUGHT IT, IT'S HAD THOSE TWO ADDRESSES.
UM, AND THAT'S HOW I'VE, I'VE OPERATED IN IT.
AND WHEN THE CODE VIOLATION WAS ISSUED, I'M LIKE, OKAY, I NEED TO APPLY FOR A PERMIT FOR THAT OTHER ADDRESS.
SINCE LAST TIME WE WERE HERE, I MET WITH THE MANKEY PARK NEIGHBORHOOD ASSOCIATION.
I UNDERSTAND, I LEARNED THIS MORNING THAT THEY WERE NOT IN SUPPORT.
UH, I DID MEET WITH THEIR LAND USE COMMITTEE OF THE TWO MEMBERS THAT WERE WILLING TO VOICE THEIR OPINION AT THE MEETING.
ONE WAS IN FAVOR, ONE WAS AGAINST, BUT I UNDERSTAND THE BOARD AS A WHOLE, UH, CAME OUT AND SAID THEY WERE NOT IN IN FAVOR OF PROCEEDING.
UM, I DO THINK THIS IS A LITTLE BIT OF A UNIQUE PROPERTY THAT IT DOES SIT ON A CORNER.
UH, AND I UNDERSTAND THE BLOCK
[01:05:01]
FACE REQUIREMENTS, THESE ARE BOTH VERY SMALL UNITS, LESS THAN 500 SQUARE FEET, UH, YOU KNOW, TYPICALLY A SINGLE RESIDENCE.SO TRYING TO COMPARE A, YOU KNOW, A PERMIT AND WHAT USING ONE OF THESE SMALL UNITS AS AN STR WOULD DO FOR TRAFFIC AND OCCUPANCY AND PARKING VERSUS A 3, 4, 5 BEDROOM HOUSE.
I DON'T KNOW THAT IT'S AN APPLES TO APPLES COMPARISON.
UM, THE CODE VIOLATION ISSUES, UH, I UNDERSTAND THE TRASH CAN, UH, ISSUE WAS RAISED, UH, TALKING TO MY CLEANERS AND ACCEPT FULL RESPONSIBILITY THAT WE'LL DO A BETTER JOB OF GETTING THOSE PULLED INTO THE CARPORT AND THE VEGETATION.
IT SOUNDS LIKE IT NEEDS TO BE TRIMMED UP THE FENCE.
UH, I, I EXPECT I'LL BE IN FRONT OF YOU GUYS AGAIN IN, IN A MONTH OR TWO ON THAT.
IT'S A SIX PLUS YEAR OLD FENCE, UM, AND WAS NOT AWARE OF ANY ISSUES WITH THE CONSTRUCTION, BUT I'VE BEEN ENGAGING WITH CODE ENFORCEMENT ON THAT.
UM, TRY TO BE AS GOOD OF A NEIGHBOR AS POSSIBLE AND, UH, WANT TO CONTINUE TO, TO OPERATE AS WE'VE HAD, UH, FOR THE LAST SIX YEARS.
IS THERE ANY COMMISSIONER QUESTIONS? UH, BONO, COMMISSIONER BOEZ, HOW'D YOU GET CPS TO, TO SPLIT THE BILLS LIKE THAT? UH, IT WAS NOTHING I DID, WHEN I PURCHASED THE PROPERTY, THERE WERE TWO METERS AND TWO ACCOUNTS, JUST CONTINUED SERVICE.
THE, THE WAY IT HAD BEEN SET UP, I GUESS IT'S THE, AND THEN CITY FOR THAT.
THEY, THEY DIDN'T NEED LIKE AN ADDRESS VERIFICATION.
I KNOW IT SAYS THERE'S NOT ONE ON RECORD, BUT, AND THEY'RE USUALLY SOMETHING LIKE THAT NEEDED FROM CPS.
LIKE WHEN I'VE TRIED TO, YOU KNOW, TURN ON STUFF AND IT, IT DOESN'T LIKE ADDRESSING, DOESN'T LOOK RIGHT ON THEIR END, THEY'LL SAY, HEY, YOU NEED A ADDRESS VERIFICATION LETTER BEFORE THEY TURN ON.
WE WOULD HAVE TO GET WITH CPS AND FIND OUT THE HISTORY.
BUT IF THE TWO METERS HAVE BEEN, SORRY, IF THE TWO METERS HAVE BEEN EXISTING, UM, CPS MAY NOT HAVE QUESTIONED THE, THE RECONNECTION FOR SWITCHING OVER TO A NEW OWNER, BUT WE CAN ALWAYS GET CLARIFICATION ON THAT FROM CPS, BUT KNOWING THE AREA AND SEEING HOW OLD THE THE PROPERTY IS, IT'S LIKELY THEY'VE JUST BEEN EXISTING.
WAS THIS PROPERTY EVER REFERENCED IN ANY OTHER WAY AS 2 0 1 WESLEY? IT'S ALWAYS JUST ON, JUST ON THE APPLICATION THAT WE HAVE.
UH, IS THERE ANOTHER TIME TO SPEAK ON THIS CASE? NO COMMENT.
IF THERE'S NO MORE QUESTIONS, UH, THANK YOU VERY MUCH.
I'M LOOKING FOR A MOTION THERE.
WAS, IS THERE ANY TIME SPEAK ON ITEM THREE? WE ONLY HAVE FOUR.
PLEASE STATE YOUR NAME FOR THE RECORD.
WE'RE RECORDING ALL THIS, AND THANK YOU AND TELL YOUR THOUGHTS.
I LIVE AT 4 58 PERSHING IN SAN ANTONIO.
UM, ALSO I'D LIKE TO JUST RECOGNIZE THE BOARD.
UH, THANK YOU FOR THE HARD WORK THAT YOU DO.
I WAS A FORMER BOARD OF ADJUSTMENT MEMBER CHAIRMAN FOR A NUMBER OF YEARS.
UM, RECOGNIZE WHAT STAFF HAS DONE, WHICH I THINK IS A GOOD RECOMMENDATION, THAT THERE ARE NO UNIQUE CIRCUMSTANCES THAT JUSTIFY DOUBLING THE, UH, THE NUMBER OF SHORT TERM RENTALS ON THIS STREET.
AND FROM THE MAP, IT'S A LITTLE DIFFICULT TO TELL, BUT IT IS ONLY A A TWO BLOCK LONG STREET.
SO, UM, THERE'S, THERE'S A VERY COMPRESSED AREA.
UM, I THINK THEY'VE DONE A GOOD JOB ON EVALUATING, UH, IT'S ALSO NARROW STREET, AND I THINK IT'S PRETTY STRAIGHTFORWARD, QUITE HONESTLY.
THANK YOU VERY MUCH FOR YOUR CONSIDERATION OF, UH, DENYING THE SPECIAL EXCEPTION TO DOUBLE THE NUMBER OF SHORT-TERM RENTALS ON IRA AVENUE.
ANY QUESTIONS? OKAY, GEORGE GRIMES, MY NAME IS GEORGE GRIMES.
I LIVE AT FOUR 15 PARLIN AND I'M HERE REPRESENTING THE MANKEY PARK NEIGHBORHOOD ASSOCIATION.
I'M ON OUR LAND USE COMMITTEE AND THE NEIGHBORHOOD FOR MANY YEARS HAS A, A COMMITTEE THAT MEETS WITH APPLICANTS FOR, UH, ZONING CHANGES, VARIANCE, SPECIAL SECTIONS.
UH, THE COMMITTEE'S MADE UP OF PEOPLE WITH EXPERIENCE IN OUR NEIGHBORHOOD ON THESE TONS OF, OF CHANGES.
AND, UH, CURRENTLY CONSISTS OF TWO, UH, INCLUDES TWO ARCHITECTS AND, UH, AND ONE ATTORNEY.
AND THE WAY THE COMMITTEE WORKS IS WE MEET WITH AN APPLICANT, WE MAKE A RECOMMENDATION TO THE BOARD OF DIRECTORS OF THE NEIGHBORHOOD ASSOCIATION, AND THE BOARD DECIDES, UH, ON THAT, UH, THAT RECOMMENDATION.
WE, WE MET WITH MR. HENDRICKS ON APRIL THE EIGHTH.
WE FOUND, UH, NO, UH, JUSTIFICATION FOR THIS VARIANCE AND THAT
[01:10:01]
IT WAS NOT IN THE PUBLIC INTEREST, AND WE MADE THAT RECOMMENDATION TO THE BOARD, WHICH VOTED, UH, TO, UH, OPPOSE.UH, IN ADDITION, ONE OF THE THINGS THE COMMITTEE, UH, CONSIDERS IS THE, UH, UH, OPINION OF THE NEIGHBORS THAT ARE MOST CLOSELY, UH, UH, AFFECTED BY THIS.
AND WE FOUND SIGNIFICANT, UH, OPPOSITION FROM THE NEIGHBORS.
UH, THE, THE OWNER IS A, A REAL ESTATE PROFESSIONAL.
HE, UH, TELLS US THAT HE MANAGES LONG-TERM RENTALS.
UH, HE USES AN AGENT TO MANAGE HIS SHORT-TERM RENTALS.
SO, UH, HE'S PERFECTLY CAPABLE OF MAKING THIS SECOND UNIT A LONG-TERM RENTAL.
AND THERE'S A, THERE'S A ROBUST RENTAL MAR UH, PROPERTY FOR LONG-TERM RENTALS, UH, IN THIS PART OF THE NEIGHBORHOOD.
UH, AND AS MENTIONED IN A PRIOR, UH, PRESENTATION THERE, THERE'S A PRETTY HIGH DENSITY OF SHORT-TERM RENTALS IN DISTRICT TWO.
AND IN THIS AREA, I DON'T KNOW IF YOU HAVE THE MAP, BUT, UH, THERE'S, THERE'S ALSO ONE AT 2 1 6 ELEANOR, WHICH IS THE PROPERTY, UH, IMMEDIATELY TO THE NORTH OF THIS PROPERTY.
UH, THERE'S A ONE ACROSS THE STREET AT 2 0 2 IRA, THERE'S TWO ON THE NEXT BLOCK EAST, WHICH IS, UH, 3 35 AND 3 37 IRA.
AND THERE'S ONE ON MULBERRY, WHICH IS ONE BLOCK TO THE SOUTH.
SO, UH, WE HAVE A LOT OF SHORT-TERM RENTALS IN THIS AREA.
AND, AND THIS JUST, UH, WOULD NOT BE IN THE INTEREST OF THE NEIGHBORHOOD TO GRANT, UH, THIS SPECIAL EXCEPTION.
I LIVE AT TWO 20 IRA AVENUE DIRECTLY ACROSS THE STREET FROM THIS PROPERTY.
AND I'M HERE IN OPPOSITION TO ADDING ANOTHER SHORT-TERM RENTAL ON MY STREET.
UM, I SEE NO PARTICULAR ADVANTAGE TO HAVING SHORT-TERM RENTALS ON A STREET IN THE NEIGHBORHOOD.
I, I MOVED HERE BECAUSE I LIKE NEIGHBORS AND THIS IS JUST A VERY WARM NEIGHBORHOOD, AND MANKEY PARK IS JUST A GREAT PLACE TO LIVE.
UH, I WAS OUT OF THE COUNTRY IN JANUARY AND WHEN THERE WAS THAT HARD FREEZE THAT CAME ALONG, IT WAS MY NEIGHBORS WHO MOVED IN, KINDA MOVED ALONG AND TOOK CARE OF MY HOUSE.
UH, THEY SHUT OFF THE WATER SO MY PIPES WOULDN'T FREEZE.
UM, AND THEN THEY TURNED IT BACK ON AGAIN TO WATER MY BRAND NEW TREES THAT I HAVE IN THE YARD.
SO I'M REALLY GRATEFUL TO LIVE IN A PLACE THAT HAS NEIGHBORS LIKE THAT.
SO GIVING, UM, A PROPERTY FOR SHORT-TERM RENTAL MEANS THAT'S GIVE, GIVING AWAY A POSSIBLE NEIGHBOR THAT I COULD HAVE.
AND ALSO I THINK A LOT OF PEOPLE THINK OF SHORT-TERM RENTALS AS RENTALS, BUT THEY ARE BUSINESSES.
THEY DON'T HAVE RESIDENTS LIVING THERE.
THAT CAN BE MY FRIEND OR MY ENEMY OR, UM, SO, OR BE SOMEBODY WHO'S PART OF THE COMMUNITY.
SO I HAD COMPLAINTS ABOUT THIS PROPERTY BEFORE WHEN I WAS HERE BEFORE.
ONE IS ABOUT THE GARBAGE CANS THAT THE CANS THAT LIVE IN THE STREET, THE GREEN ONES, THE BLUE ONES, THE BROWN ONES ALL LIVE IN THE STREET.
THEY STILL LIVE IN THE STREET FOUR WEEKS LATER.
PARKING IS ALSO AN ISSUE, UH, BECAUSE THERE'S LOTS OF OFF STREET PARKING.
SO MOST OF THE HOMEOWNERS ON THE STREET OR THE THE FULL-TIME RENTERS ON THE STREET WILL PARK BEHIND THE HOUSE.
AND THIS IS NOT TRUE WITH THESE SHORT-TERM RENTERS BECAUSE WHAT DO THEY KNOW ABOUT THAT? AND IT'S ACTUALLY KIND OF DANGEROUS TO THEM BECAUSE FOLKS HAVE BACKED OUT OF THEIR DRIVEWAY INTO PARKED CARS BEFORE.
UM, SO, UM, I JUST THINK THERE ARE TOO MANY.
I THINK THE, THE REQUIREMENTS FOR SHORT-TERM RENTALS ARE, ARE WHAT'S ALLOWED FOR SHORT-TERM RENTALS IS ALWAYS ALL, IS STILL TOO BIG OF A NUMBER TO HAVE ONE IN EIGHT RESIDENCES.
UM, BEING A SHORT TERM RENTAL MEANS YOU'RE REMOVING THAT HOUSING FROM OUR SHORT, OUR SHORTAGE OF HOUSING IN THE COMMUNITY.
SO I THINK MORE OF THESE PA PLACES NEED TO BE RENTALS INSTEAD OF SHORT TERM.
I THANK YOU FOR LISTENING TO ME.
UM, AND I AGAIN REITERATE, I OPPOSE APPROVAL OF THIS SPECIAL EXCEPTION.
IS THERE, UH, HAVE THE APPLICANT COME BACK FORWARD IF YOU'D LIKE TO MAKE ANY REBUTTAL TO ANYTHING YOU'VE HEARD? ALRIGHT, I'M LOOKING FOR, UH, UH, LAST MINUTE QUESTIONS.
EZ COMMISSIONER BEEZ, SORRY FOR THE CITY, UM, FOR THIS APPLICANT, IF HE WANTED TO JUST RUN THE, LIKE IF HE DECIDED TO OPEN UP A WALL, HE COULD RUN IT AS JUST ONE UNIT, RIGHT? HE, HE COULD OPEN UP A WALL AND HE COULD HAVE TWO BEDROOMS, YOU KNOW, AND DOUBLE UP LIKE THAT.
YEAH, WE WOULD'VE TO VERIFY THAT THE, UH, PROPER PERMITS ARE PULLED TO MAKE SURE THAT IT'S CONVERTED BACK INTO A, A SINGLE FAMILY AND THEN YES.
BUT, BUT JUST TO CLARIFY, IF HE, IF THE OWNER OF THAT PROPERTY WOULD DO THAT, HE WOULD BE STOPPING HIS SHORT-TERM RENTAL FOR A WHILE
[01:15:01]
AND DOING THOSE RENOVATIONS AND, AND IF THE OWNER IS DOING RENOVATIONS TO THAT PROPERTY, CAN HE STILL KEEP HIS, UH, STR TUBE PERMIT? YES, HE CAN.IF THERE'S NO MORE QUESTIONS, I'M LOOKING FOR A MOTION MANANA.
COMMISSIONER MANAM, REGARDING CASE NUMBER BO A 2 6 1 0 3 0 0 0 1 8, I MOVED THE BOARD ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT TERM RENTAL U UNIT SITUATED AT 2 2 1 IRA AVENUE APPLICANT BEING TIM HENDRICKS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER PROPERTY IS SUCH THAT LITTLE ENFORCEMENT, OTHER PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION THAT, UH, WILL NOT MATERIALLY ENDANGER PUBLIC HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSISTS OF SINGLE-FAMILY, MULTI-FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WILL SUBSTANTIALLY INJURE THE NEIGHBORING PROPERTIES AS A TYPE TWO SHORT-TERM RENTAL.
D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES.
CONVICTIONS OF FOUR VIOLATIONS OF CHAPTER 16, UH, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICATION.
THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, BUT DOES HAVE ONE CONFIRMED CITATION ON THIS PROPERTY.
ON 2 6 20 26, THE APPLICANT OR OWNER WAS HELD LIABLE FOR OPERATING A SHORT-TERM RENTAL WITHOUT A PERMIT.
F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THIS PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING, MAINTAINING IT FROM THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL, UM, CHARACTER OF THE DISTRICT AND LOCATION FOR WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND OF MOTION.
SECOND, UH, SECOND BY COMMISSIONER BEEZ.
SO, UM, SO THERE WAS A BIG, SO I WAS LOOKING FOR YOU.
SO THERE WAS A BIG COMMITTEE THAT ESTABLISHED, YOU KNOW, HOW THE SHORT TERM RENTALS WERE CREATED.
AND SO, SO THEY WORKED WITH THE COMMUNITIES AND THEY WORKED WITH, UM, THE, UM, THE SHORT TERM RENTAL INDUSTRY AND THE CITY AND, AND ALL KIND OF PEOPLE TO COME UP WITH TERMS OF, OF WHAT THEY THOUGHT WAS APPROPRIATE IN THE COMMUNITIES.
AND SO WITH IT, THEY KIND OF DEFINED, UM, YOU KNOW, HOW MANY WERE PERMITTED AND, AND THEY KIND OF CAME TO THIS AGREEMENT AND UM, AND, AND I THINK THAT AGREEMENT WAS A GOOD AGREEMENT TO BE MADE, YOU KNOW, AND SO, SO JUST TO, JUST TO NOTE BY, RIGHT? YOU KNOW, YOU COULD HAVE ONE PER BLOCK AND, AND THAT WAS KIND OF OR ONE PER THE WHATEVER THE NUMBERS ARE.
AND THAT'S KIND OF BY RIGHT ON HOW THEY ALLOWED FOR THE SHORT-TERM RENTAL, UH, INDUSTRY EXISTS.
BUT WHEN YOU START TO EXCEED IT, I START TO DRAW, YOU KNOW, LINES WITH THAT.
AND, AND THEN ALSO WHEN IT IS THAT THE COMMUNITY, YOU KNOW, LOOKS AT THEIR COMMUNITY AND SAYS, YOU KNOW, THIS IS NOT HOW WE WANT OUR COMMUNITY TO BE DEVELOPED.
AND SOMETIMES THE COMMUNITY RECOGNIZES THAT WHAT HA THAT'S WHAT HAS TO BE DONE AND THEY DON'T ON OTHERS.
AND SO THEREFORE I'LL I'LL SIDE WITH THE COMMUNITY AS WELL.
SO I WILL NOT BE VOTING IN FAVOR.
I'LL ALSO BE IN OPPOSITION, UH, FOR, UH, THREE MAIN POINTS.
UH, MANKEY PARK AGAINST IT AND THE NEIGHBORS AGAINST IT.
UH, NUMBER TWO THOUGH, BEING, YOU KNOW, THE LAYOUT COULD BE CHANGED TO FULLY MAXIMIZE THE, THE STRUCTURE.
UM, AND OR, OR LASTLY YOU COULD TURN THAT SECOND UNIT INTO A MIDTERM RENTAL AND, AND RUN IT THAT WAY.
UM, AND, AND STILL RUN 'EM BOTH OUT.
UM, YEAH, I'LL BE IN OPPOSITION.
ANYONE LIKE TO ADD HEARING? NONE? SEVERAL A ROLL CALL VOTE PLEASE.
ANA, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? I DO NOT CONCUR.
COMMISSIONER STEVENS? NO, I DO NOT.
COMMISSIONER RE BONIS? I DO NOT CONCUR.
COMMISSIONER DEAN? I DO NOT CONCUR.
COMMISSIONER BREGMAN? I DO NOT CONCUR.
COMMISSIONER BENAVIDES? I DO NOT CONCUR.
UNFORTUNATELY, I, I DO NOT CONCUR.
COMMISSIONER VASQUEZ, I DO NOT CONCUR.
CHAIR ORIAN AND I DO NOT CONCUR.
IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF, UH, I THANK
[01:20:01]
YOU.ITEM NUMBER FOUR IS BO OA DASH TWO SIX, UH, BO OA DASH 26 DASH 1 0 3 0 0 0 2 6 AT EIGHT 10 DAKOTA STREET IN COUNCIL DISTRICT TWO.
UH, THE APPLICANT IS MARISA GOMEZ AND THE REQUEST IS FOR SPECIAL EXCEPTION TO, FOR ONE ADDITIONAL TYPE TWO IN THE BLOCK FACE.
AND THE CURRENT ZONING IS RM FOUR FOR RESIDENTIAL MIXED DISTRICT.
UM, AGAIN, THE PROPERTY IS LOCATED AT EIGHT 10 DAKOTA STREET.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
UM, THEY'RE REQUESTING A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL ONE ON THE BLOCK FACE.
UM, THERE IS A, UH, ADDITIONAL TYPE TWO PERMIT LOCATED, OR I'M SORRY, THERE IS A TYPE TWO PERMIT LOCATED AT EIGHT 16 CODA STREET.
UM, THAT ONE WAS APPROVED, UH, UH, FEBRUARY OF 2023 AND WAS RENEWED.
SO IT DOESN'T EXPIRE UNTIL 2029, UH, PER THE CODE, SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF UNITS ON THE BLOCK FACE.
UM, AND AT LEAST ONE TYPE TWO IS ALLOWED ON EACH BLOCK FACE.
SO THIS IS THE, UH, TYPE TWO DENSITY COUNT.
UM, IT GOES FROM 8 0 2 TO 8 46 DAKOTA STREET.
UM, THE ONE ACTIVE TYPE TWO THAT I WAS REFERRING TO IS AT EIGHT 16.
UM, THE BLOCK PHASE IS CURRENTLY AT A, CURRENTLY AT 8.3%.
AND IF THIS ONE IS APPROVED, UM, IT'LL BE AT 16.6%.
UH, THERE ARE NO INVESTIGATIONS OR, UM, ACTIVE LISTINGS FOR THE PROPERTY.
UH, THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, AND THE SURROUNDING AREAS.
UH, STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTION STAFF RECOMMENDS THE DENIAL OF THE APPLICANT'S REQUEST.
AND THIS IS THE NOTIFICATION PLAN.
WE MAILED OUT 39 NOTICES, UM, THAT DID RECEIVE THREE IN FAVOR, ZERO IN OPPOSITION.
UM, AS FOR VOICEMAILS, WE HADN'T, WE DIDN'T RECEIVE ANYTHING, UM, FOR THE NEIGHBORS ASSOCIATION.
UM, DENVER HEIGHTS IS IN SUPPORT.
UM, AND THEN LASTLY, THE SIX CITY WHITE GROUPS, UM, DID NOT RESPOND.
UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
SO THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT USDR.
HI, UM, MY NAME IS MARISA GOMEZ.
I'M THE OWNER OF 8 1 0 DAKOTA STREET.
UM, I'M NOT A REALTOR, I'M NOT AN INVESTOR.
UM, WE ARE JUST EXPECTING A BABY AND MOVED CLOSER TO FAMILY.
AND OUR HOUSE HAS BEEN UP FOR SALE SINCE OCTOBER.
AND, UM, THIS IS SORT OF OUR LAST RESORT.
UM, WE TRIED FOR SALE NO BITES.
UM, WE HAD ONE, UM, UM, UM, UH, OFFER, UM, AND IT WAS BACK AND FORTH, BUT THAT THEY, UM, ENDED UP PULLING OUT.
UM, THEN WE TRIED THE LONG-TERM RENTAL, NO BITES, AND THEN WE TRIED LIKE THE 30 DAY RENTALS THROUGH LIKE, UM, FURNISH FINDER.
UM, SO WE LEFT ALL OF OUR FURNITURE AND JUST KIND OF USED LITTLE PIECES THAT OUR FAMILY HAD, UM, TO WHERE WE'RE LIVING NOW.
AND, UM, UNFORTUNATELY WE'VE HAD NO BITES THERE EITHER.
SO THIS ISN'T NECESSARILY SOMETHING I WANT TO ADD TO MY LIFE.
UM, THIS IS JUST A, A LAST RESORT.
UM, WE, UM, WITH, WITH, WITH, SORRY, CROWDS MAKE ME NERVOUS.
UM, UM, WE WE'RE SMALL BUSINESS OWNERS HERE, UM, IN SAN ANTONIO ON THE EAST SIDE.
UM, WE JUST OWN A LITTLE TEA SHOP.
UM, SO WE BELIEVE IN KEEPING SAN ANTONIO, YOU KNOW, COMMUNITY BASED AND KEEPING EVERYTHING, UM, POSITIVE AND VIBRANT.
AND SO EVERYTHING, ALL OF OUR EXPERIENCE IN OUR HOME, UM, WE DON'T BELIEVE WILL BE A NUISANCE TO ANYBODY AROUND US.
UM, WE'VE, UM, KEPT IN TOUCH WITH THE NEIGHBORS AND THEY'RE IN FULL SUPPORT, THE NEIGHBORHOOD ASSOCIATION, UM, MR. AUBREY LEWIS.
UM, HE'S IN FULL SUPPORT AS, AS WELL AS HIS BOARD.
AND, UM, THEY'VE BEEN LOVELY THROUGHOUT THE PROCESS AS WELL.
UM, KIND OF GIVING US A LITTLE GUIDANCE AND, UM, JUST MAKING US FEEL A LITTLE BIT MORE SECURE, UM, IN THIS PROCESS.
UM, WE, WE JUST HOPE THAT, UM, OUR HOME WILL SELL.
UM, THAT'S, THAT'S THE MAIN THING.
WE JUST WANNA BE CLOSE TO FAMILY AS WE WELCOME OUR BABY BOY.
AND, UM, THAT, THAT'S, THAT'S IT.
SO, SO THE PLAN WAS TO, TO KEEP THE HOUSE ON THE MARKET WHILE YOU'RE JUST TRYING TO GET SOME INCOME FLOW GOING FROM A SHORT, JUST TO STICK TO HOUSE PAYMENT?
[01:25:01]
UM, YES.UM, AND WE HAVE, IT'S BEEN ON THE MARKET THIS WHOLE TIME.
UM, AND, UM, YEAH, IT'S, IT'S, IT'S ACTIVE EVERYWHERE.
MLS UM, OUR REALTOR, UM, COMPARED ALL THE COMPS IN THE NEIGHBORHOOD TO MAKE SURE EVEN, UM, SHE WAS REACHING OUT, UM, ON WEDNESDAY, SO LIKE FIVE DAYS AGO.
UM, ABOUT JUST LOWERING IT, EVEN JUST A LITTLE BIT TO TRY TO GET AN EXTRA PUSH.
UM, UNFORTUNATELY THE MARKET RIGHT NOW IS JUST REALLY BAD.
SO IT'S JUST KIND OF A, A, A PICKLE.
WE, AND RIGHT NOW WE, WE RARELY SEE NOBODY OPPOSED IN THE NEIGHBOR ASSOCIATION IN, IN SUPPORT OF SOMETHING LIKE THIS, SO THAT'S PRETTY RARE.
ANY QUESTIONS FROM THE COMMISSION? NOPE.
UH, IS THERE ANYBODY SIGNED TO SPEAK? NO PUBLIC COMMENTS.
IS THERE ANYTHING ELSE YOU'D LIKE TO ADD? WE'LL GO STRAIGHT TO A MOTION.
WHO WOULD LIKE TO MAKE A MOTION? UH, I, I HAVE A QUESTION FOR THE APPLICANT.
COMMISSIONER, YOU SAID YOU DID TRY TO RENT IT AND WHEN YOU WERE TRYING TO RENT IT, WHAT WERE YOU TRYING TO RENT IT FOR? UM, WE HAD IT LISTED AT 1950, WHICH, UM, EVEN WITH OUR, OUR MORTGAGE AND ALL THE HOUSE BILLS, OUR HOUSE, THE TOTAL COMES OUT TO ABOUT $2,500.
UM, SO EITHER WAY WE'RE, WE'RE IN THE, IN THE RED.
UM, SO IT WAS JUST SORT OF A WAY, BUT ALSO NOBODY WANTED TO RENT IT, SO.
BEING ABLE TO COVER THAT, THAT PAYMENT THAT YES.
IT'S JUST THE PAYMENT, LIKE, HONESTLY, LIKE IT'S, IT'S AT THE LIKE YEAH, THIS, THIS IS LAST RESORT.
I PERSONALLY DON'T WANNA RUN AN AIRBNB, UM, SO IT WILL BE ME.
ME AND MY HUSBAND WILL BE THE ONES CLEANING IT.
WE'LL BE THE ONES KEEPING IN TOUCH.
UM, SINCE WE WILL BE IN THE RED, IT'S NOT LIKE WE CAN LIKE HIRE SOMEBODY TO DEAL WITH.
AND IF YOU WERE TO GET AN OFFER THAT YOU, THAT YOU WANTED 60 DAYS FROM NOW, OH ABSOLUTELY.
YOU TAKE THAT AND YOU WOULDN'T EVEN BE AIRBNB IT ANYMORE OR I WOULD HOPE NOT.
COMMISSIONER REED? I WAS GONNA MAKE A MOTION.
YES, I WAS JUST GONNA SAY, AND IF SHE WERE TO SELL AT THAT, THAT THAT SHORT TERM RENTAL WOULD GO AWAY.
PERMIT, PERMIT WOULD, WOULD GO AWAY, RIGHT? CHANGE OF PROPERTY.
COMMISSIONER RE OKAY, REGARDING CASE NUMBER BO OA 26 103 0 0 0 2 6, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT TERM RENTAL UNIT SITUATED EIGHT 10 DAKOTA STREET, APPLICANT B MARISSA GOMEZ 'CAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, A SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC'S SAFE HEALTH OR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER PUBLIC SAFETY, PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE IS NOTHING OBVIOUS THAT WILL DISTINGUISH A SHORT TERM RENTAL VERSUS LONG-TERM RENTAL AT THIS FACILITY.
B, A SPECIAL EXEMPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE THAT A PUBLIC NUISANCE WILL BE CREATED.
AN ADDITIONAL SHORT-TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORHOOD PROPERTY WILL NOT SUBSTANTIALLY INJURED, UH, BY SUCH PROPOSED USE.
THE NEIGHBORHOOD OR NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES.
THIS SCENARIO DOES NOT CAUSE REASON TO BELIEVE THAT IT'LL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AT TYPE TWO.
D, ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO THAT ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER FOR THE SPECIAL EXEMPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR EDUCATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16.
UM, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR EDUCATED OFFENSES OR CONVICTIONS.
F THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION ON WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
SUBJECT PROPERTY IS LOCATED ENCLOSED ITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FOR THE NEIGHBORING PROPERTY.
THE SPECIAL EXCEPTION, UH, DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT LOCATION.
WHICH PROPERTY IS SEEKING SPECIAL EXEMPTION? A MOTION.
COMMISSIONER REED? UH, YEAH, NORMALLY I WOULDN'T BE IN SUPPORT OF SOMETHING LIKE THIS, BUT AGAIN, SINCE THE NEIGHBORHOOD ASSOCIATION, UH, SEEMS TO BE IN SUPPORT AND IMMEDIATE NEIGHBORS SEEM TO BE IN SUPPORT AND, UM, YOU KNOW, HOPEFULLY IT'S A TEMPORARY SOLUTION, UM, I'LL BE IN SUPPORT OF IT.
COMMISSIONER BEEZ? YEAH, I'M GONNA LIST THE SAME REASONS AS, UH, COMMISSIONER REED HERE.
ALSO, SHE HAS NEIGHBORHOOD, UH, NEIGHBORHOOD ASSOCIATION SUPPORT.
WE RARELY, UH, SEE THERE, THEM SUPPORTING THAT.
UM, SO I THINK THAT'S, THAT'S HUGE THERE.
UM, ALSO I THINK IT IS A HARDSHIP, YOU KNOW, SHE'S OBVIOUSLY TRYING TO GET RID OF IT.
I SEE THE PRICE HAS BEEN DROPPED, YOU KNOW, A FEW TIMES.
AND, UM, HOPEFULLY IT'S NOT GONNA BE AN STR
[01:30:01]
FOR LONGER THAN THE NEXT FEW MONTHS SO THAT THEY CAN SELL HIS HOME AND THEN MOVE ON.AND THEN ONCE THAT HAPPENS, THE PERMIT WILL BE REMOVED ANYWAYS.
ANYONE ELSE LIKE TO ADD? HEARING NONE? LET'S HAVE A ROLL CALL.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
MOTION PASSES 10 WITH ONE ABSTENTION.
IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN GIVE THE STAFF.
ITEM NUMBER FIVE IS BO A DASH 2 2 6 DASH 1 0 3 0 0 0 4 1 AT 1 2 2 RE, VISTA AND COUNCIL DISTRICT ONE.
UH, THE APPLICANT IS ENRIQUE LEMAN AND THEY'RE REQUESTING A SPECIAL EXCEPTION.
AND THE CURRENT ZONING IS R FIVE FOR RESIDENTIAL SINGLE FAMILY.
UM, AGAIN, IT'S LOCATED AT 1 2 2 RIO VISTA.
SURROUNDING LAND USES INCLUDE RESIDENTIAL, SINGLE FAMILY AND MULTI-FAMILY LAND USES.
UM, THEY'RE REQUESTING A SPECIAL EXCEPTION TO ALLOW AN ADDITIONAL ONE ON THE BLOCK FACE PER THE CITY CODE.
UM, TYPE TWO SHORT TERM RENTALS ARE LIMITED TO NO MORE THAN 12.5% OF THE TOTAL NUMBER OF UNITS ON THAT BLOCK FACE.
AND AT LEAST ONE TYPE TWO IS ALLOWED PER BLOCK FACE.
UM, SO THIS IS THE BACKGROUND HISTORY.
UM, SO THERE WAS AN ACTIVE INVESTIGATION THAT WAS OPEN, UM, SEPTEMBER OF 2025, UM, WHERE AN A HO CITATION WAS ISSUED.
UM, AND THEN THE FOLLOWING MONTH AFTER THAT, THE APPLICANT WAS HELD LIABLE FOR, FOR OPERATING WITHOUT A PERMIT.
UM, ALSO THERE IS SOME PERMITTING HISTORY FOR THIS PROPERTY.
UM, THEY WERE ISSUED A TYPE TWO SHORT-TERM RENTAL PREVIOUSLY ON AUGUST 15TH, 2022.
UM, HOWEVER, UH, ABOUT THREE YEARS LATER, THE TYPE TWO PERMIT LAPSED.
UM, AS THE RENEWAL APPLICATION WASN'T SUBMITTED, UM, THE APPLICANT'S, UH, RESUBMITTED A NEW TYPE TWO SHORT TERM RENTAL APPLICATION AND WAS PLACED ON PENDING BOA AS ONE OF THE NEIGHBORS WAS ABLE TO, UM, SNAG THE SPOT BEFORE IT WAS APPROVED.
UM, AND THEN BELOW THAT IS JUST THE, THE PERMITTING HISTORY FOR THIS, THIS PROPERTY AND THE SUBMISSION DATES.
UH, SO THIS IS THE TYPE TWO DENSITY COUNT.
THERE ARE 11 UNITS ON THIS BLOCK PHASE.
UM, ONE ACTIVE TYPE TWO IS CURRENTLY THERE AT 1 28 R VISTA.
UH, THE BLOCK PHASE IS CURRENTLY AT 9.09%, AND IF THIS ADDITIONAL TYPE TWO IS APPROVED, IT'LL BE AT 18.1%.
UM, SO THERE IS AN ACTIVE, ACTIVE LISTING, BUT IT'S FOR A 30 NIGHT MINIMUM.
AND THIS IS THE SITE PLAN, THE CENTRAL PROPERTY AND THE SURROUNDING AREAS.
STAFF RECOMMENDATION FOR THE SPECIAL EXCEPTIONS, STAFF RECOMMENDS A DENIAL OF THE A, UM, DENIAL OF THE APPLICANT'S REQUEST.
AND THEN THIS IS THE NOTIFICATION PLAN.
UH, WE RECEIVE ZERO IN FAVOR, ONE OPPOSITION.
AND THE NEIGHBOR ASSOCIATION, SHE HILLS RIDGEVIEW, IS IN OPPOSITION.
UM, NO RESPONSE FROM SAN ANTONIO, TEXAS D ONE RESIDENT ASSOCIATION.
AND THEN THE COMMUNITY GROUPS ALSO DID NOT RESPOND.
UH, THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
AND SO THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SDR.
UM, I'M THE OWNER OF, UH, 1 2 2 ULA VISTA DRIVE.
UH, THE PROPERTY, AS YOU HEARD FROM THE CITY, UH, I DID, I PURCHASED THE PROPERTY BACK, UM, A WHILE BACK AND IT WAS A LONG-TERM RENTAL.
I DID, UH, VAST RENOVATIONS ON THE PROPERTY.
UH, IT WAS, UM, VACANT AS A FORECLOSURE, OBVIOUSLY DID THE INSIGHTS AS A REGULAR LONG-TERM RENTAL.
I HAD IT AS A RENTAL, LONG-TERM RENTAL, BUT, UM, WAS NOT MAKING ENOUGH PAYMENTS.
I, UH, I HAD LONG-TERM RENTALS AROUND 2,400 A MONTH.
BASICALLY THE, SO I LOOKED INTO STR BACK IN 2022.
LIKE THE HISTORY SAYS THERE IN 2022, I DID HAVE THE PERMIT FOR THREE YEARS.
I RUN AS A AIRBNB FOR THREE YEARS, OVER 300 RESERVATIONS.
NO COMPLAINTS DURING THIS TIME.
[01:35:01]
WAS PERFECT.UH, BUT IN AUGUST WHEN THE PERMIT WAS UP, I, I WAS NOT IN THE COUNTRY.
I DIDN'T EVEN KNOW MY PERMIT WAS UP BECAUSE EVERYTHING WAS RUNNING SMOOTHLY, RIGHT? NO COMPLAINTS.
AND, UH, I FOUND OUT IN SEPTEMBER WHEN THEY ISSUED A CITATION.
I IMMEDIATELY CONTACTED THE CITY TO REAPPLY, BUT MY, MY PERMIT EXPIRED AUGUST 15, AUGUST 20 SOMETHING, THE NEW NEIGHBOR, WHICH IS, UH, ACROSS THE STREET, THEY GOT A NEW PERMIT, RIGHT? SO NOW THEY'VE DENIED IT BECAUSE OF THAT.
UH, OBVIOUSLY WHEN I WAS RUNNING OBVIOUSLY SMOOTHLY WITHIN LIKE, I THINK IT WAS FIVE TO 10 DAYS, UM, OF ME FINDING OUT I TOOK CARE OF THE CITATION BECAUSE I DIDN'T KNOW MY, MY PERMIT HAS HAD EXPIRED.
I ALSO WORKED WITH THE CITY ON PARKING.
I MOVED THE PARKING AS YOU CAN SEE.
THERE'S A COUPLE OF ITEMS I WANT TO SHOW, UH, WITH THE CITY.
I DON'T KNOW IF YOU CAN SHOW THIS.
I'VE WORKED WITH THE CITY TO ADDRESS EVERY CONCERN, RIGHT? WITH, UH, PARKING IN THE BACK, AS YOU CAN SEE, ILLA VISTA DRIVE, I'M IN THE CORNER.
UM, UM, THE PARKING IS AT THE BACK.
SO IT DOES NOT CREATE A NUANCE FOR THE, FOR THE NEIGHBORHOOD OR THE NEIGHBORHOOD ASSOCIATION AS THE PARKING IS ON DOT STREET, NOT ON ULA VISTA STREET.
UH, WITH THREE OR FOUR CARS ON, ON THE BACK, THAT WAS ONE OF THE, UH, CRITICAL ISSUES WHERE WE CAN PARK CARS, RIGHT? SO WE'LL PARK AT THE BACK UP AGAINST THE, UM, THE, THE APARTMENT COMPLEX THERE.
I HAVE ANOTHER VIEW HERE OF THE AERIAL VIEW THAT YOU CAN SEE, WHICH I WANNA MITIGATE ANY, ANY CONCERNS FROM THE BOARD AND ALSO FROM FROM THE NEIGHBORHOOD, RIGHT? UM, AS YOU CAN SEE FROM THE ARROW VIEW, THAT DRIVEWAY IS ON THE BACK.
SO THERE SHOULD NOT BE ANY CONCERNS REGARDING PARKING AND ALSO WHERE THEY ARE ALL LOCATED.
UM, TO THE NEAREST NEIGHBOR, IT'S ABOUT MORE THAN 250 FEET FROM THE BACK.
SO THERE WAS NO CONCERN ON THE BACK IN IMPACTING ANY NEIGHBORHOODS IN, IN THE BACK.
ALSO WITHIN THE WHOLE NEIGHBORHOOD.
UM, THE SH THE NEAREST STR IS OBVIOUSLY THE, THE, THE GUY THAT DENIED, UM, UH, THE OPPOSITION BECAUSE HE'S LIKE TWO HOUSES UP.
UH, THE, THE OTHER ONES ARE, THERE'S NOTHING AROUND OVER ALMOST 2000 FEET FROM THE NEAREST STR, UH, THE SECOND NEAREST STR OF COURSE.
SO THAT SHOULD NOT BE A, A CONCERN FROM, FROM THAT POINT OF VIEW.
AS I ALSO WANTED TO MENTION THAT I RUN THIS PROPERTY, UH, FOR THREE YEARS WITH NO VIOLATIONS, NO PARTIES, NO NOTHING, NO COMPLAINTS FROM THE CITY MAINTAINING A 4.95, UM, RATING, WHICH IS VERY, VERY HARD ON OVER 250 RESERVATIONS IN THE PROPERTY, RIGHT? SO THAT'S ALSO PRETTY, IT'S, WE, WE TAKE A LOT OF PRIDE MAINTAINING THAT PROPERTY ALSO FROM, FROM THE, UM, THE NEIGHBOR THAT OPPOSE, RIGHT? THEY, WE ARE NOT IN DIRECT COMPETITION, OBVIOUSLY.
HE, HE IS A ULTRA LUXURY STR THAT THEY DO AVERAGE $460 A NIGHT TO $750 A NIGHT WITH A BARBECUE, WITH A HOT TUB, BARBECUE PIT, A FIRE PIT, LUXURY STR WITH OUTSIDE.
WE, ON THE OTHER HAND, MY, I I HAVE THREE, UH, YEARS OF PROVING RECORD.
WE OFFER, IT'S ABOUT A HUNDRED TO $150 PER NIGHT.
IT'S, I DON'T HAVE ANY BARBECUES OR ANYTHING OUTSIDE THAT.
I DON'T PERMIT ANYTHING LIKE THAT.
THAT'S WHY I MAINTAIN A A, A GOOD STANDARD FOR THE NEIGHBORHOOD.
I DON'T WANT ANYTHING OUTSIDE, NO NOISE VIOLATIONS DURING THREE YEARS.
UM, AND LIKE I SAID, I'VE ALSO TRIED, UH, THE LONG-TERM RENTAL.
UH, IT WAS NOT WORKING AS A LONG-TERM RENTAL BECAUSE IT'S A BIG HOUSE.
UM, IT'S OVER 20, ABOUT 2,700 SQUARE FEET AND MIDTERM RENTAL HAVE BEEN TRYING MIDTERM RENTAL AND DOES NOT WORK.
BECAUSE WHAT I FOUND, UH, LIKE THE PREVIOUS LADY SAID, THE MIDTERM RENTAL MARKET IS VERY INCONSISTENT.
YOU GET ONE MONTH AND YOU'LL GET $2,900, BUT IT'S EMPTY FOR 60 DAYS.
RIGHT? BECAUSE HE COULD, HE COULD HAVE 20 DAYS IN BETWEEN AND HE WILL NOT, I WILL NOT CONCURRENTLY WORK, RIGHT? SO IT, THE ONLY WAY IS, IS THE SHORT TERM RENTAL EXCEPTION, RIGHT? AND, UH, THE EXPENSES RUN ABOUT $2,800 A MONTH.
SO I'VE KNOWN, I'VE TRIED, IT WAS WORKING PERFECTLY BEFORE.
SO I AM RESPECTFULLY ADDING THE BOARD TO RECONSIDER RESTATING MY STR AS, UH, I'VE PROVEN I'VE BEEN A VERY GOOD NEIGHBOR FOR OVER THREE YEARS WITH NO VIOLATIONS AND, UH, UH,
[01:40:01]
PROVEN, UH, RECORD, RIGHT? UH, SO I, I ASKED FOR THE SPECIAL CIRCUMSTANCES, UM, FOR THIS, UH, PERMIT.UM, ANY QUESTIONS FOR THE APPLICANT? MANNA COMMISSIONER MANNA QUESTION ACTUALLY FOR CITY, COUPLE, COUPLE THINGS HERE.
SO ONE IS THE WORKFLOW FOR WHAT IT IS THAT A, UM, PERMIT COMES UP FOR RENEWAL.
SO WHAT TYPE OF COMMUNICATION GOES OUT WITH REGARDS TO THAT, UM, TO THE APPLICANTS IN, IN HOW FAR IN ADVANCE DO, ARE THEY AWARE THAT THERE'S A CLOCK GOING ON AND, AND YOU KNOW, A YEAR, A YEAR LEFT TO LIVE AND OR A YEAR LEFT ON THE CONTRACT, ET CETERA? SO HOW DOES THAT WORK OUT FOR THAT COMMUNICATION PIECE? SO I'M TRYING TO UNDERSTAND, 'CAUSE HE SAID HE WAS OUTTA THE COUNTRY, SO MM-HMM
EMAIL, EMAIL COMMUNICATION IS SENT VIA THE EMAIL ADDRESS WE HAD ON FILE WHEN THE PERM WAS ISSUED.
IT SENDS IT, UH, THREE MONTHS PRIOR TO EXPIRATION DATE.
AN EMAIL WAS SENT ON MAY 14TH, REMINDING HIM THERE IS PERMITS IS SET TO EXPIRE IN THREE MONTHS AND THEN THERE'S A ONE MONTH REMINDER EMAIL SENT SAYING YOU HAVE ONE MONTH LEFT UNTIL YOUR PERMIT IS SET TO EXPIRE.
AND THEN, UM, JUST A SEC, SECOND POINT FOR THE BOARD HERE.
SO, SO I WAS READING THE LETTER FROM THE NEIGHBORHOOD ASSOCIATION AND YOU KNOW, ONE OF THE THINGS THAT WE'RE WORKING ACTIVELY TO RESOLVE IS COMMUNICATION OF THESE TYPES OF EVENTS OR THESE TYPES OF ACTIVITIES OUT TO THE, THE NEIGHBORHOOD ASSOCIATIONS.
AND THEY SAID THEY ONLY HAD TWO DAYS TO REVIEW IT.
AND I DON'T KNOW IF THERE'S, IS THERE ANYBODY HERE TO, UH, SET TO SPEAK FOR THIS CASE? DO YOU KNOW KO? UM, I DON'T BELIEVE THE NEIGHBORHOOD ASSOCIATION IS HERE.
SO, SO I WOULD, I WOULD ACTUALLY ASK TO HAVE THIS, UH, DEFERRED OR, OR POST OR UH, SET SET ASIDE SO HE CAN, HE CAN ACTUALLY REACH OUT AND HAVE A CONVERSATION.
'CAUSE IT, YOU KNOW, SO THEY TALKED ABOUT THE DENSITY AND OTHER THINGS AND, AND I THINK THERE'S A CASE HERE TO BE MADE, BUT, BUT I CERTAINLY WOULD WANT, YOU KNOW, TO WEIGH IN, YOU KNOW, AGAIN, HAVING THE NEIGHBORHOOD BUY INTO THIS, YOU KNOW, FOR MY DECISION.
SO, BUT I DON'T WANNA, YOU KNOW, KIND OF PUSH IT AWAY FOR THE DIALOGUE HERE.
I, I WOULD LIKE TO ADD THE, UM, YES, THE EMAILS FROM THE CITY SOMEHOW WITH GMAIL, THEY JUST GET LOST.
EVEN TODAY WHEN COMMUNICATED WITH JOSEPH HERE, I HAVE TO DO A RESEARCH BY CITY OF SAN ANTONIO, JOSEPH, OTHERWISE THEY DON'T COME UP, UNFORTUNATELY, THAT'S HOW GMAIL WORKS.
BUT I, I AGREE, UH, THEY CAN EASILY GET, GET LOST.
SO, UH, STAT HE CAN RENEW UP TO SIX MONTHS BEFORE IT, IT TOOK, IT'S UP TO THREE MONTHS BEFORE.
AND, AND THE APP AND THE RENEWAL PROCESS, IS IT, IS IT, DOES HE HAVE TO RESUBMIT ANYTHING ELSE OR HE JUST HAS TO BE, HAVE A CLEAN RECORD AND PAY A FEE? IS IT, UM, HE, IT SUBMITS LIKE ANOTHER RENEWAL, ANOTHER APPLICATION ESSENTIALLY, BUT IT'S A RENEWAL.
SO SAME UPLOAD THE FLOOR PLAN, SAME TYPE OF REVIEW THAT WAS INITIALLY DONE WITH THE NEW APPLICATION.
THE ONLY DIFFERENCE IS VERIFYING THE, THEIR CURRENT ON THEIR HOT TAXES AND THEY HAVEN'T RECEIVED ANY OTHER VIOLATIONS OR CITATIONS.
SO, UH, ARE YOU INTERESTED IN, IN REACHING OUT TO THE NEIGHBOR ASSOCIATION AND COMING BACK HOPEFULLY WITH THEIR SUPPORT? YES, FOR SURE.
I HAVE TALKED TO, UH, MS. DAY, SHE TODAY BECAUSE SHE WAS NOT AWARE OF THIS AS WELL.
SO I, I, I DID TALK TO HER TODAY, UH, AND ASK HER IF I WAS WILLING TO COME TO THE ASSOCIATION RIGHT AND PRESENT THE SAME EIGHT BULLETS I PRESENTED TO YOU AND SHE WAS WILLING TO, TO DO THAT.
WHAT KIND OF TIMELINE DID SHE, DID SHE, SHE SAID, UH, THEY HAVE A MEETING ON THURSDAY.
UH, SO IF I'M LOOKING FOR A MOTION TO CONTINUE, THEN I WOULD SUGGEST MOVING TO MAY 4TH.
UH, WE WILL SEE YOU ON MAY 4TH AND WE HOPE TO HAVE SOME, UH, DIALOGUE FROM THE NEIGHBORHOOD ASSOCIATION.
ITEM NUMBER SIX, GOOD AFTERNOON.
MY NAME IS JUAN ALVAREZ, SENIOR PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER SIX IS REQUESTED BY ROGELIO PENA SIGNS AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE APPLICANT'S SHORT-TERM RENTAL PERMIT DUE TO HAW COLLECTION LOCATED AT 4 4 3 NORTH STRO DRIVE.
THE SUBJECT PROPERTY IS LOCATED AT 4 4 3 NORTH TRO DRIVE.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY AS OF MARCH 10TH, 2025 PLATFORM 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.
THREE NOTICES OF DELINQUENCY WERE MAILED BY AVENUE BETWEEN MAY, 2025 THROUGH JULY, 2025.
[01:45:01]
DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON FEBRUARY 16TH, 2026.NOTE PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON MARCH 3RD, 2026.
AND HOT DELINQUENCY PAYMENTS FROM MARCH, 2025 THROUGH FEBRUARY, 2026 WERE REPORTED ON MARCH 31ST, 2026.
THERE IS A TOTAL OF 18 UNITS ON THE BLOCK FACE.
ONE ACTIVE TYPE TWO IS ALREADY EXISTING AT 4 2 3 NORTH TRO DRIVE ISSUED DECEMBER 20TH, 2024.
AND THE BLOCK FACE IS CURRENTLY AT 5.5%.
A LITTLE BIT OF BACKGROUND HISTORY.
THERE IS AN OPEN INVESTIGATION FOR OPERATING A SHORT-TERM RENTAL WITHOUT AN ACTIVE PERMIT.
THIS WAS AT THE TIME WHEN IT WAS REVOKED AND A LITTLE BIT ABOUT THE PERMITTING HISTORY.
IT WAS ISSUED ON MARCH 25TH, 2025 AND IT WAS REVOKED A YEAR LATER ON MARCH 3RD, 2026.
THIS IS THE COMMUNICATION THAT WAS SENT TO THE APPLICANT FROM AVENUE.
THIS IS THE ACTIVE LISTING AS OF TODAY.
THIS IS THE SITE PLAN THAT WAS SUBMITTED AT THE TIME OF THE APPLICATION AND THIS IS THE SUBJECT PROPERTY.
AND THE NEXT FEW SLIDES ARE THE SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL AND THERE WERE A TOTAL OF 32 MALE NOTICES.
TWO IN FAVOR, ZERO IN OPPOSITION, NO VOICEMAILS, NO RESPONSE FROM GREATER HARMONY WHO NEIGHBOR ASSOCIATION AND 60 WHITE GROUPS WERE NOTIFIED WITH NO RESPONSE.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS.
SO DOES THE CITY DO WE HAVE LIKE A STAT THAT SHOWS ZERO RENTALS AND THEY JUST, YOU KNOW, DIDN'T FOLLOW THAT PART OF IT OR, UM, YOU KNOW, HAD RENTALS BUT DIDN'T DO THE, UM, COUNTY, UM, TAXES.
YOU KNOW, IS IS THERE A DIFFERENT, IS A WAY TO COME UP WITH WHERE, WHERE IT WAS THAT THE VIOLATIONS OCCUR? SO THAT WAY I CAN KINDA PUT MY HEAD AROUND, YOU KNOW, SOME OF THE OTHER DIALOGUES THAT WE CONTINUE TO HAVE.
UM, YOU KNOW, SO JUST TRY TO UNDERSTAND A LITTLE BIT MORE DETAIL.
DOES THAT MAKE SENSE? SO SHE'S LOOKING AT THE REPORTS RIGHT NOW.
GIVE A SENSE SO WE CAN TELL DIFFERENCE.
USUALLY IF THEY MISS PAYMENT FOR NO REVENUE, IT USUALLY PUTS $20 PENALTY FEE, UM, BASED OFF OF THE LISTING OR THE ON AVENUE, IT LOOKS LIKE THEY WERE ACTIVELY OPERATING AS A SHORT TERM RENTAL.
AND BASED ON THE REVIEWS, THEY HAVE ACTIVE REVIEW, UM, REVIEWS IN THE PAST COUPLE MONTHS, THE PROPERTY UTILIZES A SHORT TERM RENTAL AND SO THEN THE FAILURE WOULD, SO, SO THEY HAVE FAILURE, BUT THEN WOULD IT ALSO, WITH REGARDS TO HOT TAXES, DO WE HAVE THE DIALOGUE THEN FOR, WE'LL SAY THAT THE, THE, UM, UM, THIRD PARTIES ARE PAYING FOR THE, THE CITY, BUT ARE THEY, DID THEY, ARE WE AWARE OF WHETHER OR NOT THEY MADE THE COUNTY TAXES THEN AS WELL? YES, THEY'RE, YES, THEY HAVE PAID THE COUNTY TAXES.
ANY OTHER QUESTIONS? BRAGMAN, COMMISSIONER BRAGMAN? SO, UH, WITH THE, IF THIS WAS APPROVED, UH, THE SECOND THAT WOULD, WHAT WOULD BE THE PERCENTAGE OF DENSITY? IF YOU SAID WITH ONE, IT'S 5.5, SO WITH THE SECOND IT WOULD BE 11 YES.
PERCENT AND CHANGE? YES, THAT'S CORRECT.
SO STILL UNDER THE 12.5%? YES.
AND WHAT, WHAT WAS THE, UH, DATE THAT IT WAS REVOKED? WHEN IS THE ONE YEAR IT WAS REVOKED ON THE 3RD OF MARCH.
IF THERE'S NO OTHER QUESTIONS, HAVE THE APPLICANT COME FORWARD.
HELLO, PLEASE STATE YOUR NAME AND YEAH, THERE YOU GO.
I'M THE INTERPRETER AND I'M GOING TO BE JUST SUPPORTING HIM.
HE SAID THAT HE WILL ADDRESS YOU IN ENGLISH, BUT IN, YOU KNOW, IF YOU ARE ASKING QUESTIONS AND SOMETHING HE NEEDS SUPPORT, I WILL BE NEXT TO HIM.
I'M THE OWNER OF, UH, 4 4 3 NORTHFIELD DRIVE.
AND, UH, WELL I'M HERE BECAUSE, UH, WE RECEIVED THE NOTICE ABOUT THE, UM, SHORT TERM, UM, UH, CANCELLATION ABOUT THE PERMIT BECAUSE WE DON'T PAY THEM THE TAXES.
AND FOR THE COUNTY, UH, I JUST WANT TO SAY THAT, UM, I RECEIVED THE PAPERS THAT, UH, COUNTY SENT ME, BUT I THOUGHT THAT IT WAS LIKE, UM, SOME KIND OF SCAMS. WE RECEIVED A BUNCH OF SCAMS AND UH,
[01:50:01]
BASICALLY IT WAS BY AVENUE UNTIL I CALL THEM.I KNOW THAT NOW AVENUE, IT'S THE GUY THAT THEY COLLECT THE MONEY FOR CONNIE.
AND, UH, HOW I SAW ON THIS SIDE, THE AVENUE SAY IT'S LIKE, UM, I RECEIVED, OKAY, YOU MAYBE HAVE SOME, UM, TAXES TO PAY OR YOU HAVE TO RECEIVE MONEY.
I THOUGHT THAT IT WAS SOMETHING LIKE THAT.
AND, UH, BASICALLY UNTIL, UM, THEY HANG THE N ON MY DOOR, I CALL THEM AND SAY IT WAS, WELL IT WAS THROUGH, WE ALREADY PAY EVERYTHING.
UM, UM, UM, WHAT I WANT TO SAY IS THAT, UM, I RECEIVED THESE PAPERS, BUT I DON'T RECEIVE ANY EMAIL BECAUSE, UH, MY EMAIL ON THE SYSTEM IS WEB.
THEY HAVE ROGELIO PENA ONE AND IT'S ONLY ROGELIOPENA@MYLOPEZ.COM.
THAT'S, UH, THE FIRST THING THAT I DIDN'T RECEIVE ANY KIND OF, UM, LIKE A, UH, EMAIL.
THE SECOND ONE IS ALL THE, THESE LETTERS ARRIVING TO ME, BUT I JUST PUT IT ON SITE AND, UM, WELL, I'M JUST ASKING YOU IF YOU CAN GIMME A CHANCE TO, UM, GET THE PERMIT AGAIN AND IT'S BECAUSE WE DIDN'T KNOW ABOUT THE, THE PROBLEM.
SO, AND TO BE CLEAR THAT THE, THE NUMBER ONE SHOULD NOT BE AT THE END OF YOUR EMAIL? YES, SIR.
STAFF, WHEN, WHEN THE APPLICANT FIRST GOT HIS PERMIT, DID HE HAVE THAT EMAIL ADDRESS? BECAUSE IT, BECAUSE THERE, THERE DOESN'T, THERE HAVE TO BE SOME SORT OF ACKNOWLEDGEMENT OR SOMETHING? THERE'S NOT AT ALL.
UH, THE APPLICATION HAS ROGELIO PENO@MYROPESA.COM WITH WITHOUT THE ONE.
WITHOUT THE ONE, OKAY, BECAUSE ON THE, UH, COMMUNICATION IN THE, IN THE FILE IT SAYS THAT IT WAS SENT TO LIO PENA ONE AT NAROPA, MAYBE AFTER CHAIR.
ARE YOU, ARE YOU, UM, RELATING TO THE NOTIFICATIONS THAT WERE SENT THAT WE SHOWED UP ON THE SCREEN? UH, YES.
IT'S ON, IT'S ON THE, UH, POWERPOINT.
CAN YOU GO BACK? SO ARE THE, AND THESE ARE, THESE ARE FROM AVENUE, MAYBE THEY HAVE A DIFFERENT EMAIL ADDRESS ONE, BUT I DUNNO WHERE THAT CAME.
YEAH, WELL, SO WHEN THE, SO ALL OF THE CONTACT INFORMATION IN ELA IS INPUT.
UM, SO WHEN THE PERMIT WAS ISSUED, THERE WAS NO ONE, BUT WHEN THE REVOCATION WAS SENT, IT WAS SENT AND THERE'S A ONE IN THE EMAIL.
IS THERE, UH, IS THERE ANYONE TIME TO SPEAK ON THIS CASE? NO PUBLIC COMMENT.
UH, ANY FURTHER QUESTIONS, MR. MASTER? SO ONE IS CORRECT OR NOT ONE CORRECT? NOT THE ONE.
YEAH, HE'S NOT GETTING, HE'S NOT GETTING, THAT'S WHAT I UNDERSTOOD.
SO, BUT IT SAYS HERE WE'RE SENDING TO, OR COMMUNICATIONS GOING TO ONE SOMEHOW.
ANY OTHER QUESTIONS? ALRIGHT, UM, LOOKING FOR A MOTION THEN, MAN? OH, YOU WANNA DO IT? NO.
UM, REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 5 6, I MOVED TO THE BOARD OF GENTLEMEN GRANTED APPEAL FOR THE PROPERTY SITUATED AT 4 4 3 NORTH TRAIL DRIVE, APPLICANT BEING, UH, ROSALIA PENA BATISTA BECAUSE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR EN ENFORCE IN, IN ENFORCING SECTION 16 1 1 0 D, WIND PROVOKING WIND REVOKING THE SHORT TERM RENTAL END OF MOTION.
SECOND BY COMMISSIONER BRAGMAN.
SIR, DO YOU HAVE A SPEAKER ON? I DON'T KNOW.
OKAY, I HEAR TOO, BUT YES, THAT'S MY TRANSLATOR.
SO THERE, WELL THERE'S A MISTAKE HERE.
SO THAT'S, THAT'S NOT A GOOD START.
UM, AND, AND YOU KNOW, WE'RE, I DO WANT TO, YOU KNOW, HAVE THE CITY GO BACK AND, YOU KNOW, WE'VE HAD DIALOGUE IN THE PAST WITH REGARDS TO THE HANDSHAKE KIND OF DIALOGUE.
SO WHEN IT IS THAT, YOU KNOW, A CONTRACT STARTS, YOU KNOW, IT, IT WOULD BEHOOVE US SO THAT WE DO GET A GOOD, A GOOD HANDSHAKE BETWEEN THE APPLICANT AND THE CITY.
AND IF THERE'S SOME KIND OF MISCOMMUNICATION IN THOSE, IN THAT EARLY STEPS, YOU KNOW, THAT, YOU
[01:55:01]
KNOW, WHERE, WHERE THERE'S CONFUSION, YOU KNOW, THE TIME TO FIX THAT WOULD BE IMMEDIATELY, YOU KNOW, AS WE'RE TRYING TO WORK THROUGH THESE.AND SO TRAINING, YOU KNOW, MORE COMMUNICATION AND OTHER THINGS.
AND SO I I JUST, YOU KNOW, I HAVE A PROBLEM WITH SOME OF THESE, UH, IN THIS, IN THIS PATH LINE.
AND SO, UM, I'LL BE SUPPORTING THE APPEAL.
COMMISSIONER BRAGMAN? YEAH, I AGREE WITH MY COLLEAGUE.
I, I, THERE'S OBVIOUSLY SOME MISCOMMUNICATION THAT THAT TOOK PLACE AS FAR BACK AS IMMEDIATELY AFTER THE, UH, PERMIT WAS ISSUED SHOULD BE A RED FLAG.
UM, SO THAT, UM, IT CAN BE CORRECTED IN THE BEGINNING.
AND I THINK WE'VE SEEN MULTIPLE TIMES WHERE, UH, THE ISSUE WITH AVENUE PAYING COUNTY TAX AND THE PLATFORMS PAYING THE CITY TAX HAS BEEN AN ISSUE.
AND WE HAD THAT DISCUSSION AT THE LAST MEETING WITH, UM, INFORMATION THAT THE CITY BROUGHT FORWARD ABOUT THE TEXAS, UH, TAX CODE, WHICH HOPEFULLY WE CAN GET CORRECTED, BUT IN THE MEANTIME, I DON'T THINK THAT, UH, APPLICANTS LIKE THIS SHOULD BE PENALIZED.
SO I'LL BE IN SUPPORT OF THE MOTION.
ALL RIGHT, ANYONE ELSE LIKE TO ADD? MAN? AND I WANTED TO ADD, UM, ALSO JUST THE NOTION OF THE SPAM DIALOGUE AND, AND SO I THINK AGAIN THAT HANDSHAKING WOULD HELP RESOLVE THAT.
SO WITH THAT, LET'S HAVE, AND ALSO THIS WILL BE UNDER 12.5% WITH OR WITHOUT.
COMMISSIONER MANNA, I SUPPORT THE APPEAL.
COMMISSIONER BRAGMAN? YES, I APPROVE.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR, UH, TO SUPPORT THE APPEAL.
MOTION PASSES 10 TO ONE IF YOU HAVE ANY QUESTIONS YOU GET WITH STAFF.
DOES ANYBODY NEED A BREAK? CAN KEEP MOVING FORWARD.
ALRIGHT, LET'S, LET'S HAVE A BREAK.
WE'LL SEE EVERYBODY ABOUT SEVEN MINUTES.
ALRIGHT, WE, IT IS 3 0 6 AND WE ARE GONNA GET BACK TO BUSINESS.
THE END OF OUR SHORT TERM RENTALS.
ITEM NUMBER SEVEN IS BO OA DASH 26 DASH 1 0 3 0 0 2 8 LOCATED IN DISTRICT ONE AT 6 1 9 BARB STREET.
THE ZONING IS RM FOUR AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT WITH GUTTERS TO BE ONE INCH FROM THE WESTERN SIDE PROPERTY LINE.
THE SURROUNDING AREA IS A MIXTURE OF RESIDENTIAL AND COMMERCIAL BASED ZONING DISTRICTS CONSISTING OF RM FOUR C TWO CD WITH A CONDITIONAL USE FOR AUTO SALES AND C3 NA, THE OFFICE OF HISTORIC PRESERVATION HAS PROVIDED A CERTIFICATE OF APPROPRIATENESS DATED NOVEMBER 21ST, 2025, AND HAS STATED THAT THEIR STAFF RECOMMENDS APPROVAL TO CONSTRUCT A CARPORT ALONG THE WESTERN FACADE BEHIND THE FRONT WALL PLANE WITH THE STIPULATION AT THE APPLICANT.
OBTAIN A VARIANCE FROM THE BOARD OF ADJUSTMENT.
THE CARPORT WAS CONSTRUCTED WITHOUT GUTTER'S PER STAFF VISIT TO THE SITE IN FEBRUARY OF 2026.
AND THIS IS THE SURROUNDING AREA.
STAFF COMMENDS DENIAL FOR THE SIDE SETBACK VARIANCE AND BO OA DASH TWO SIX DASH 1 0 3 0 2 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE GRANTING OF THE REDUCED SIDE SETBACK VARIANCE WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS THE CARPORT WOULD BE TOO CLOSE TO THE SIDE PROPERTY LINE AND WATER RUNOFF MAY BE IMPOSED ONTO THE ABUDDING PROPERTY IN TWO.
IF GRANTED, THE CARPORT WOULD MAINTAIN A ONE INCH DISTANCE FROM THE PROPERTY TO THE SOUTHWEST, WHICH WOULD ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS ITS REDUCED STANDARDS NOT OBSERVED ANOTHER PROPERTY AND THE IMMEDIATE SURROUNDING AREA.
NOR IS IT CHARACTERISTIC OF RESIDENTIAL DISTRICTS DEVELOPED IN COMPLIANCE WITH UDC REGULATIONS.
ONE WAS RECEIVED IN FAVOR, ZERO RECEIVED IN OPPOSITION OUTSIDE OF TINDER FEET.
ONE WAS ALSO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
THERE WAS ONE VOICEMAIL RECEIVED IN OPPOSITION FROM KING WILLIAN NEIGHBOR ASSOCIATION WHO IS, WHO'S IN OPPOSITION.
AND THIS CONCLUDES STAFF'S PRESENTATION.
SO HAVE THE APPLICANT COME FORWARD.
HELLO, PLEASE STATE YOUR NAME AND, UH, TELL US ABOUT YOUR CARPORT.
I'M THE OWNER OF 6 1 9 BARB STREET, AND I'M REQUESTING A VARIANCE FOR THE REDUCED SIDE SETBACK FROM MY CARPORT ALONG THE EXISTING DRIVEWAY.
[02:00:01]
UM, SO LAST TIME WE HAD DONE THE CONTINUANCE SO THAT I COULD MEET WITH THE, EXCUSE ME, MS. RENA, WOULD YOU GET THIS MICROPHONE A LITTLE CLOSER TO YOU? YES, MA'AM.UM, LAST TIME WE WERE HERE I GOT THE CONTINUANCE SO THAT I COULD SPEAK TO THE, UM, NEIGHBORHOOD ASSOCIATION.
AND I MET WITH THE ARCHITECTURAL ADVISORY COMMITTEE FOR THEM.
THEY REVIEWED THE PROJECT, UH, THEY VISITED THE PROPERTY.
THEY ACKNOWLEDGED THAT THE HISTORIC DESIGN AND REVIEW COMMISSION HAD ALREADY APPROVED THE DESIGN AS COMPATIBLE WITH THE DISTRICT.
UM, BUT THEIR PRIMARY CONCERN WAS, UM, SETTING PRECEDENT FOR FUTURE CASES RATHER THAN THE DESIGN ITSELF.
UM, THEY DID NOTE THAT THERE WERE SIMILAR CONFIGURATIONS IN THE SURROUNDING AREA, BUT THEY WERE NOT GOING TO BE IN APPROVAL, UM, BECAUSE THEY DON'T WANNA SET THAT FOR FUTURE CASES.
BUT, UM, JUST FOR A REMINDER, THE CARPORT IS PLACED ALONG, UM, THE EXISTING STRUCTURE IN A WAY THAT MINIMIZES VISUAL IMPACT AND MAINTAINS THE OVERALL STREET SCAPE.
UM, WITH THE LAYOUT OF MY LOT AND THE PLACEMENT OF THE HOUSE, THAT'S REALLY THE ONLY PLACE WHERE I CAN PUT IT ON THE EXISTING DRIVEWAY.
UM, BEFORE THIS, THE SIDE YARD WAS LINED WITH A CONTINUOUS WOODEN FENCE.
THE CARPORT IS OPEN AND DESIGN, WHICH IMPROVES AIRFLOW AND VISIBILITY AND REMOVES THAT FLAMMABLE BARRIER.
UM, I WILL ALSO BE ADDING GUTTERS TO PROPERLY DIRECT THE WATER RUNOFF, SO IT DOES NOT IMPACT THE NEIGHBORING PROPERTY.
AND MY ADJACENT NEIGHBOR, WHOSE HOME IS DIRECTLY NEXT TO THE CARPORT, HAS REVIEWED THE PROJECT.
UH, SHE DOESN'T HAVE ANY CONCERNS ABOUT ITS IMPACT, AS IN AND IS IN SUPPORT OF IT.
SO I RESPECTFULLY ASK THAT THE BOARD CONSIDER THE SPECIFIC CONDITIONS OF MY PROPERTY AND GRANT THE VARIANCE.
SO IS THERE ANY QUESTIONS FOR THE APPLICANT? YES, COMMISSIONER, UH, REED.
SO I, I REALIZE IT WAS, UH, APPROVED BY THE OHP.
UM, DID THEY ADVISE YOU THAT VARIANCE WOULD BE NEEDED OR WAS IT YEAH, THEY SAID THEY APPROVE IT, BUT I NEED TO GET THE BOARD'S APPROVAL FOR THE SETBACK.
COMMISSIONER BEEZ DID THE, UH, NEIGHBORHOOD ASSOCIATION, I KNOW THAT, THAT THEY WEREN'T IN APPROVAL, BUT DID THEY MAYBE OFFER ANY FEEDBACK ON HOW THEY, DID THEY WANT MAYBE DIFFERENT CONSTRUCTION MATERIALS USED OR JUST NOT AT ALL? THEY WEREN'T GOING TO, UM, APPROVE ANY THAT CAME THROUGH FOR THE NEIGHBORHOOD.
BUT SHE DID SAY, WELL, YOU GOT THE, UM, H-H-D-R-C APPROVAL.
SO BASICALLY GOOD LUCK
NOBODY, THERE WERE NO OPPOSITIONS AT THAT ONE AT THAT POINT.
SO I GUESS IT, WAS IT BUILT BEFORE APPROVAL FROM THE YES, IT WAS MANNA COMMISSIONER MANNA.
SO, UM, WITH REGARDS TO, UM, THE, THE CARPORT ITSELF, SO WOULD, IF IT WAS CANTILEVERED AGAINST THE HOUSE, AND WE'LL SAY THAT IT WAS ARCHITECTURALLY CONSISTENT, UM, WOULD, UM, SO IT DIDN'T HAVE THE POLES DROPPING AT, AT THE SIDE YARD, HOW FAR COULD THEY GO TO, YOU KNOW, TO THAT EDGE THERE? IT WOULD HAVE TO BE THE FIVE FOOT, THEY COULD BE FIVE FEET FROM THE SIDE OR THREE FEET WITHOUT OVERHANG.
SO THREE FOOT, SO THREE FOOT FROM THE SIDE, UM, IF IT WAS CANTILEVERED.
SO, UM, AND WOULD IT BE THE SAME? TRUE.
WOULD IT BE TRUE FOR THE SAME WITH POLES? SO IF THEY HAD POLES UP AT THREE FOOT, SO THREE.
SO, SO LET ME, UM, SO THE, THE POLES, UM, OR THE WALL HAVE TO BE AT THE FIVE FEET.
THE OVERHANG CAN GO, UM, TO THE THREE FOOT LINE.
IF THIS WAS A DETACHED ACCESSORY STRUCTURE, THEN THE POLES AND OR WALL CAN GO TO THE THREE FOOT LINE.
BUT SINCE IT'S ATTACHED TO THE HOUSE, THE POLES AND OR THE WALL HAVE TO BE AT THE FIVE FOOT LINE.
SO, SO, UM, SO DID IT CHANGE FROM, WAS THIS ENCLOSED? I'M TRYING TO REMEMBER.
SO FOR THE PICTURE, IT HAD A FENCE.
RIGHT, BUT SO IS THIS WHAT THE STRUCTURE LOOKS LIKE RIGHT NOW? YES.
SO IF, SO, IF IT WAS A CANTILEVERED, SO, SO, SO, YOU KNOW, ARCHITECTURALLY SIGNIFICANT ADDITION TO THE HOUSE.
SO THEN WOULD IT STILL WITHOUT A WALL? UM, SO WOULD IT BE THEN A THREE FOOT THEN AT THAT POINT, OR STILL BE FIVE FOOT? CORRECT.
YEAH, IF THERE, IF THERE'S NO POLES AND IT'S JUST THE, UH, OVERHANG, THEY CAN GO DOWN TO THE THREE FOOT WITHOUT
[02:05:01]
A BOA APPROVAL.ALRIGHT, ANY OTHER QUESTIONS? IS THERE ANYBODY SIGNED TO THE DISPUTE? NO PUBLIC COMMENT.
UH, WELL WHAT WE'RE GONNA DO IS, IS ENTERTAIN A MOTION AND SEE HOW THIS TURNS OUT.
WHO WOULD LIKE TO MAKE A MOTION? ALRIGHT, GOING ONCE, GOING TWICE.
ALRIGHT, REGARDING CASE NUMBER BO OA 2 6 1 0 3 0 0 0 2 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW CARPORT WITH GUTTERS TO BE ONE INCH FROM THE WESTERN SIDE PROPERTY LINE SITUATED AT SIX 19 BARBIE STREET.
APPLICANT BEING DEBORAH RENA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
A ONE INCH DISTANCE BETWEEN THE CARPORT AND PROPERTY LINE COULD STILL PROVIDE ADEQUATE SPACE TO MITIGATE POTENTIAL FIRE HAZARDS AND STORM WATER RUNOFF TO THE ADJACENT PROPERTY, ESPECIALLY WITH THE INCLUSION OF A GUTTER AND CONSISTENT CONSIDERING THE EXISTING SIDE YARD OF THE PROPERTY, THUS SERVING THE PUBLIC INTEREST.
TWO, DUE TO THE SPECIAL CONDITIONS, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
UH, LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NECESSITATE THE ALTERATION OF THE CARPORT SIZE OR LOCATION, WHICH WOULD RESULT IN UNNECESSARY HARDSHIP.
THREE, BY GRAINING THE VARIANCE OF SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE, RATHER THAN THE EXACT LETTER OF THE LAW GRANTING THE REDUCED SIDE SETBACK VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS LOCATION DESIGN OF THE APPROVED CARPORT WOULD NOT IMPOSE EXCESS RUNOFF ONTO THE BODYING PROPERTY.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF GRANTED, THE CARPORT WOULD MAINTAIN A ONE INCH DISTANCE FROM THE PROPERTY TO THE SOUTHWEST, WHICH WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT, NOR WOULD IT INTRODUCE DESIGN ELEMENTS THAT WOULD BE UNCHARACTERISTIC OF RESIDENTIAL DISTRICTS IN SIX.
THE PLAY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, BUT WERE, AND WERE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THAT THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, SUCH AS THE SIDE SETBACKS IN RELATION TO THE EXISTING PRIMARY STRUCTURE AND EMISSION.
UH, I, I'M A LITTLE TORN ON THIS ONE.
I MEAN, I THINK IT'S A SENSITIVE DESIGN FOR A CARPORT.
UM, BUT I CERTAINLY UNDERSTAND SOME OF THE CONCERNS EXPRESSED, ESPECIALLY THE FACT THAT THIS NEIGHBOR MAY NOT ALWAYS BE THE NEXT DOOR NEIGHBOR AND THE WHOEVER LIVES THERE WILL HAVE TO, UM, UH, LIVE WITH THIS STRUCTURE.
UM, FLIP SIDE IS THAT, YOU KNOW, IF YOU PUT GUTTERS, I THINK IT, UH, ALLEVIATES THE WATER RUNOFF ISSUES.
ALRIGHT, COMMISSIONER BENAVIDES, I'LL BE IN FAVOR.
UM, AS, UH, YOU KNOW, WITH THE GUTTERS, I THINK THAT'S GONNA ALLEVIATE, UM, A LOT OF THE, THE NEIGHBOR'S, UM, CONCERNS.
ALRIGHT, ANYONE ELSE LIKE TO ADD? JUST WANT SOME CLARIFICATION.
THE, THE NEIGHBOR, UH, THAT'S NEXT TO YOUR DRIVEWAY, THAT'S THE ONE THAT SENT IN IN FAVOR, RIGHT? YES.
JUST WANTED THEM TO CLARIFY THAT.
ANYONE ELSE? I HAVE A ROLL CALL.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER MENA? I DO NOT CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
[02:10:01]
ALL RIGHT, ITEM NUMBER EIGHT.SO, UH, ITEM NUMBER EIGHT HAS BEEN WITHDRAWN BY THE APPLICANT, UM, JUST A FEW MINUTES AGO.
SO WE'RE GONNA GO ON TO ITEM NUMBER NINE.
ITEM NUMBER NINE, GOOD AFTERNOON.
ITEM NUMBER NINE IS BO OA DASH 26 3 4 3.
LOCATED A DISTRICT ONE ON 2 2 4, DO STREET THE ZONINGS R FIVE.
AND THE REQUEST IS FOR ONE, A REQUEST FOR A VARIANCE TO ALLOW A SINGLE FAMILY RESIDENTIAL LOT TO FRONT AN ARTERIAL STREET.
TWO, A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A PRIMARY STRUCTURE TO BE WITHIN TWO FEET OF THE SIDE.
PROPERTY LINES THREE, A FIVE FOOT VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A PRIMARY STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE FORM A 30% VARIANCE FROM THE MINIMUM FROM THE MAXIMUM 50% IMPERVIOUS COVER TO ABOUT 8% IMPERVIOUS COVER IN THE FRONT YARD.
THE SUBJECT PROPERTY IS LOCATED IN THE MIDDLE OF A RESIDENTIAL BLOCK OFF DORA STREET WITH NORTH MAIN AVENUE TO THE EAST AND A RAILROAD TO THE WEST.
THE SURROUNDING AREA COMPRISES OF RESIDENTIAL USES WITH BASE ZONING DISTRICTS OF R FIVE AND MF 33.
THE APPLICANT WAS REQUESTING A SITE AND REAR SETBACK VARIANCE TO ACCOMMODATE THE PROPOSED SIZE OF THE STRUCTURE AND IMPERVIOUS COVER VARIANCE TO ACCOMMODATE THE PROPOSED FRONT YARD PARKING AREA AND WALKWAY, AND A VARIANCE FROM LOT LAYOUT STANDARDS TO ALLOW THE DEVELOPMENT OF A SINGLE FAMILY LOT ALONG A SECONDARY ARTERIAL TYPE B ROADWAY.
THE APPLICANT HAS INFORMED STAFF THAT ALL OF THEIR DEVELOPMENT STANDARDS, INCLUDING MINIMUM PARKING REQUIREMENTS, WILL BE ADHERED AT TO AS PART OF THIS PROJECT.
THIS IS THE SUBJECT PROPERTY, AND THIS IS A SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL IN THE LOT FRONTAGE VARIANCE IN BO OA DASH 26 DASH 1 0 3 0 0 4 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST IS NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST AS DEVELOPED RESIDENTIAL PROPERTIES AT ALSO FRONT DOOR STREET WERE OBSERVED IN THE SURROUNDING AREA.
THE VARIANCE TO ALLOW FRONTAGE ON A SECONDARY ARTERIAL STREET WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS ITS ACCESS IS ONLY ALLOWABLE ENTRANCE TO THE PROPERTY.
IF THE VARIANCE IS NOT GRANTED, THE PROPERTY WILL NOT BE ACCESSIBLE AND CANNOT BE DEVELOPED.
STAFF RECOMMENDS DENIAL IN THE SIDE SETBACK, REAR SETBACK, AND IMPERVIOUS COVER VARIANCES IN BO OA DASH TWO SIX DASH 1 0 3 0 0 4 3 BASED ON THE FOLLOWING FINDINGS OF FACT ONE, ALTHOUGH THE PROPERTY HAS NOT BEEN DEVELOPED YET, THERE ARE PLANS TO CONSTRUCT ON THE OTHER LOTS OF THE PROPERTY GRANTING A REDUCED SIDE SETBACK FOR ONE LOT.
CASS SET A PRECEDENT FOR REDUCED SETBACKS FOR FUTURE DEVELOPMENT, WHICH MAY NOT PROVIDE AMPLE ROOM TO MITIGATE FIRE SPREAD OR WATER RUNOFF.
THE TWO THERE IS SPACE ON THE PROPERTY MOVE THEIR PROPOSED LOCATION FOR THE SINGLE FAMILY RESIDENTS TO MEET CURRENT SETBACK REQUIREMENTS.
AND THREE, INCREASING IMPERVIOUS COVER MAY CONTRIBUTE TO THE DIFFICULTY IN MITIGATING STORM WATER AND CAN INTENSIFY FLOOD EVENTS.
STAFF MAILED OUT 39 NOTICES ZERO WERE RECEIVED IN FAVOR.
ONE WAS RECEIVED IN OPPOSITION, AS FOR VOICEMAILS ZERO WERE RECEIVED IN FAVOR, ZERO RECEIVED IN OPPOSITION.
KENWOOD NEIGHBOR ASSOCIATION DID NOT PROVIDE A RESPONSE.
THIS CONCLUDES STAFF'S PRESENTATION.
SO ON THE, ON THE, UH, SITE PLAN, IT LOOKS LIKE THE, THE LOT WIDTH IS 25 FEET.
I BELIEVE THAT'S CORRECT BECAUSE ON THE, ON THE AERIAL IT LOOKS PRETTY NORMAL.
OH, THIS IS, SO THIS CASE, THEY'RE REQUESTING IT FOR LOT 32.
ONLY THE TOTAL, THE AERIAL IS SHOWING THREE.
IS THIS, IS THIS, UH, LOT 32? IS THAT IN THE MIDDLE? IT'S ON THE SIDE.
IT'S ON WHICH, WHICH ONE OF THE TWO SIDES? THE ONE THAT'S NEXT TO, I THINK IT'S ON THE, THE LEFTMOST.
ARE ANY QUESTIONS FROM THE COMMISSION? ARE, ARE THEY TRYING TO REPL I DON'T UNDERSTAND WHY WE, WE TALKED TO PLATING AND I BELIEVE THEY HAVE CDS TO DEVELOP ON EACH OF THE LOTS.
SO THERE'S, HOW ARE THEY, DON'T THEY HAVE TO HAVE THE RIGHT TO ACCESS THEIR PROPERTY? I MEAN, I DON'T UNDERSTAND THE FIRST VARIANCE
THE, SO THERE'S A SECTION OF THE CODE THAT SAYS SINGLE FAMILY RESIDENTIAL, RESIDENTIAL CAN'T BE OFF OF AN ARTERIAL STREET, WHICH DOOR STREET IS.
THAT'S WHY THEY'RE REQUESTING THAT FIRST VARIANCE.
SO IF THAT VARI, IF THAT VARIANCE FAILS, I MEAN, WHAT HAPPENS? BECAUSE ISN'T THERE ANOTHER STATE LAW THAT SAYS YOU HAVE TO HAVE THE RIGHT TO HAVE A DRIVEWAY ON SOMEWHERE ON YOUR PROPERTY OR SOMETHING? RIGHT.
I THINK IT'S JUST THE IDEA THAT IT CAN'T BE DEVELOPED AS SINGLE FAMILY RESIDENTIAL.
IT COULD BE DEVELOPED REZONED, POSSIBLY AND DEVELOPED IN ANOTHER WAY.
UM, WE WERE ALSO SURPRISED TO FIND THIS WAS A ARTERIAL ROAD.
SO, UM, GIVEN THE NATURE OF THE DEVELOPED NEIGHBORHOOD ALREADY, BUT, UH, THAT IS IN CONTRAST TO SECTION OF OUR CODE.
[02:15:01]
OKAY.AND THEN ON THE SITE PLAN FOR LOT 32, THE NEXT DOOR NEIGHBOR TO THEM, THAT IS NOT HER PROPERTY.
THAT HOUSE IS ONE FOOT AWAY FROM THE PROPERTY LINE.
IS THAT WHAT THAT SAYS? ARE YOU ASKING, SORRY, THE NEIGHBORING PROPERTY? YEAH.
WELL, I'M JUST, I'M, SO SHE'S ONLY, THIS, THIS REQUEST IS, IS ONLY BEING ASKED FOR ONE OF THE 3 25 FOOT WIDE LOTS.
AND THAT WOULD BE ON THE WEST WESTERNMOST LOT? UH, I BELIEVE SO, YES.
AND SO, ON THE SIDE PLAN, IT SAYS THAT THE ADJACENT LOT SAYS THAT IT'S, IT'S THREE FEET BETWEEN STRUCTURES.
IF THIS VARIANCE GOES THROUGH, DOES THAT MEAN THAT THE NEIGHBORING HOME IS ONE FOOT AWAY FROM THE PROPERTY LINE? OKAY.
WELL, I GUESS WE'LL HEAR, I'M NOT CERTAIN ON THE SETBACKS FOR THE NEIGHBORING PROPERTY, BUT I CAN DO A ROUGH ESTIMATE FROM, I'M JUST, I'M LOOKING AT WHAT'S ON THE, UH, ON THE SLIDESHOW HERE.
WELL, I WOULD HAVE TO GET, I WOULD, I CAN LOOK INTO IT, BUT I'M NOT SURE THE SETBACK FROM THE NEIGHBORING PROPERTY.
I GUESS LET THE APPLICANT COME FORWARD.
UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UH, ARE THEY ABLE TO SEE MY, THE, THE POINTER WHEN I POINT ON THE POWERPOINT? YES.
UH, UH, GOOD AFTERNOON, UH, UH, UM, HONORABLE BOARD.
MY NAME IS RICARDO VALEZ AND I'M, I'M THE OWNER FOR, LOCATED FOR 2 2 4 DORA STREET FOR LOT RIGHT NOW.
THE, UH, THE VARIANCE IS JUST FOR LAW 32.
SO WHAT YOU SAW IN THE PICTURE ARE THE THREE LOTS COMBINED, LOTS 30, 31, AND 32.
FOR THIS PRESENTATION, WE ARE ONLY REQUESTING FOR ONE LOT, WHICH IS LOT 32.
UH, AND I SHOW YOU EXACTLY WHERE THE PHOTO IS OF THAT LOT.
UH, SO WE'RE REQUESTING THE SETBACK VARIANCE FOR A SINGLE FAMILY RESIDENTIAL PROJECT.
IT'S A BRAND, IT WILL BE BRAND NEW CONSTRUCTION.
AND, UH, I'LL THANK YOU FOR YOUR TIME AND CONSIDERATION TODAY.
UH, ON THE NEXT SLIDE, UH, LET'S SEE, HOW DO I, THERE IS WHO SHOULD CHANGE THE SLIDES? GREAT.
I'M HERE TO REQUEST A SET OF VARIANCES THAT ADDRESS A VERY SPECIFICAL PHYSICAL CONSTRAINT ON THIS LOT.
FIRST OF ALL, THE PROPERTY LOST SIX FEET LOST TO PUBLIC DEDICATION TO THE CITY OF SAN ANTONIO, UH, WHICH WERE GIVEN, UH, THE PREVIOUS OWNERS GAVE IT TO THE CITY IN ORDER TO HAVE, UH, A SIDEWALK BACK IN THE EIGHTIES AND THEN PLUS A TWO FEET BUFFER FOR ELECTRICAL PAUSE.
SO THOSE SIX FEET WERE LOST AND GRANTED TO THE CITY.
UH, SO RIGHT NOW, SO RIGHT NOW WE GOT THAT HARDSHIP, WHICH WE, THE, THE, FROM THE REGIONAL LOT, THE SIX FEET, AND THEN COMBINED WITH THE SETBACKS, PLUS THE MINIMUM PARKING THAT WE SHOULD HAVE AT FRONT FOR 20 FEET, IT CREATES A VERY LIMITED BUILDABLE AREA.
IT FORCES A 15 FEET WHITE HOME.
AND YOU'RE FAMILIAR WITH THOSE TYPE OF HOUSES.
IT'S A VERY THIN HOUSES WITH VERY RESTRICTIVE LAYOUTS.
UH, IT CREATES A NON-FUNCTIONAL LAYOUT, A SINGLE PARK, A CAR PARK, UH, UH, ONLY TO BE PARK.
AND WE, OTHERWISE YOU'LL HAVE TWO CARS, ONE BEHIND OTHERS, AND THEN PEOPLE, OTHER PEOPLE HAVE TO PARK ON THE STREET BECAUSE THEY DON'T HAVE A SPACE FOR THEIR CARS.
AND THEN IT WILL BE NOT CONSISTENT WITH THE SURROUNDING NEIGHBORHOOD.
HAVING A THIN HOUSE WILL, WILL LOOK, WE LOOK RARE, WE LOOK STRANGE.
AND, AND, AND YOU, AND I'M HAPPY TO SHOW THAT THE, SOME OF THE SAMPLES OF THE HOUSES THERE.
SO THE VARIANCES ALLOW A FUNCTIONAL SINGLE FAMILY HOME.
IT WILL MAINTAIN THE SCALE AND THE CHARACTER OF THE AREA.
THE HARDSHIP IS NOT SELF-IMPOSED.
IT IS DIRECTLY TIED TO THE LOSS OF DEBT THAT I ALREADY EXPLAINED.
AND I WILL WALK YOU THROUGH A, A QUICK EXPLANATION.
SO, UH, AGAIN, THIS PROPERTY CONSISTS ON THREE LOTS.
SO RIGHT NOW, THE WHERE WE ARE APPLYING IS FOR LOT 32, RIGHT HERE.
THE NARROW WEAVE CREATES A SIGNIFICANT FUNCTIONAL LIMITATION, ELIMINATES THE ABILITY TO DESIGN A VIABLE SINGLE FAMILY HOUSE, AS I EXPLAINED.
AND OUR PROPOSAL IS TO MAINTAIN SINGLE FAMILY USE.
IT IS NOT ABOUT INCREASING DENSITY OR INTENSITY AND TO BE COMPATIBLE WITH THE NEIGHBORHOOD SCALE, THE VARIANCES ARE NOT IN OKAY.
UH, THE ADDRESS SITE SPECIFIC CONSTRAINTS, AND THEY WILL ENABLE A FUNCTIONAL CODE COMPLIANT HOME.
NEXT, I WILL SHOW YOU HOW THESE CONSTRAINTS, CONSTRAINTS IMPACT THE LAYOUT.
SO, UM, AGAIN, THESE ARE THE THREE LOTS THAT WE HAVE HERE.
THEY'RE 25 FEET WIDE ISH TIMES 1.45.
ORIGINALLY THEY WERE 1.1 10, BUT AGAIN, SIX FEET WERE DONATED, OR I DON'T KNOW WHAT TYPE OF TRANSACTION HAPPENED IN THE PAST, BUT THEY WERE GIVING TO THE CITY, UH, BACK IN THE PAST.
SO I WILL NOW SHOW YOU HOW THIS TRANSLATES IN REAL CONDITIONS.
SO THIS IS, THIS IS THE TOTAL, UH, THE THREE LOTS TOGETHER.
[02:20:01]
IT'LL BE RIGHT HERE.SO, SO THIS, THE THIRD SECTION, LOOKING TOWARDS THE LEFT OF THE LOT RIGHT NOW, I AM, I'M THE OWNER OF THE WHOLE LOT, BUT RIGHT, WE ARE PLANNING TO BUILD IN THE FUTURE A SIMILAR STRUCTURES IN LOT 30, UH, 31, I'M SORRY, IN LOT.
RIGHT NOW AGAIN, LOT 32 IS IS THE SUBJECT IN QUESTION.
NEXT, UH, NEXT SLIDE YOU CAN SEE AROUND, FOR EXAMPLE, MY, THE NEIGHBOR, AND THIS IS LOT 32.
AGAIN, THERE IS, UM, THERE IS A CARPORT RIGHT HERE.
UH, AND THERE'S OPEN SPACE FOR PARKING.
SO THE, THE STRUCTURE RIGHT HERE IS NOT, DOES NOT GO ALL THE WAY TO THIS PART.
SO THE ONLY WAY THEY CAN PARK IN THE NEIGHBORING HOUSE IS TOWARDS THIS OPEN SPACE.
SO THAT CREATES SOME AMPLE SPACE WITHIN, WITHIN THE PROPERTIES.
AGAIN, THIS IS A PHOTO OF THE COLLECTOR STREET.
UM, THERE'S A LOT OF HOUSES THERE, SO WE DON'T UNDERSTAND WHY THAT, WHAT HAPPENED.
MAYBE THAT CODE CAME AFTER THE, UH, RECENTLY, BUT YOU CAN SEE IT'S A RA RESIDENTIAL NEIGHBORHOOD IN A COLLECTOR STREET.
UH, THIS IS A PHOTO OF THE, OF THE, THE LOT, AGAIN, THE SUBJECT FOR VARIANCE.
WE GOT LOAD 32, WE GOT A 25 FEET WIDTH.
AND THIS IS THE NEIGHBORING HOUSE.
SO THIS IS TO UNDERSTAND WHAT IS EXISTING RIGHT NOW, AND IS THE ONLY AREA AGAIN, THAT THE, THE NEIGHBOR HAS TO PARK THEIR CARS.
SO IT'S VERY CERTAIN THAT THEY WILL KEEP THIS OPEN AREA, OTHERWISE THEY WILL NOT HAVE A PLACE TO PARK.
UM, HERE WE GOT SOME SAMPLES OF THE, OF THE CURRENT HOUSES.
YOU CAN SEE THAT THEY ARE, THEY, THEY, THEY'RE, THEY'RE WIDE.
THEY'RE AT LEAST AT, UH, 20, 30 TO 40, 50 FEET WIDE.
THIS IS A TYPICAL REPRESENTATION OF THE, OF THE NEIGHBORHOOD.
AND RIGHT, RIGHT NOW WE ARE TRYING TO CREATE A DESIGN WITHIN THE LIMITED CONSTRAINTS TO THAT MAINTAINS THE CHARACTER.
SO THIS IS THE, THE PROPOSED DESIGN THAT WE HAVE.
UH, HERE WE SHOW THE, THE CREATE A, WE NEED TO CREATE A FUNCTIONAL LAYOUT WITH THIS CONSTRAINTS ON THE LOT.
WE, IT RESPONDS TO SITE AND STREET CONDITIONS, MAINTAINS THE SCALE AND THE PROPORTIONS OF THE SURROUNDING HOMES SUPPORTS TYPICAL SINGLE FAMILY RESIDENTIAL USE LAYOUT, ACCOMMODATE THE CARPORT.
YOU CAN SEE THAT HERE WITH THIS LAYOUT.
THEN WE CAN HAVE A LAYOUT FOR TO 18, FOR OF 18 FEET, WHICH IS THE MINIMUM REQUIRED.
SO THE OWNER CAN, CAN PARK THEIR CARS IN THIS HERE, IN THIS PART RATHER THAN THE STREET.
AND THEN IT ALLOWS A THREE FEET, WHICH IS THE MINIMUM ENTRYWAY TO HAVE A COMFORTABLE ENTRY IN THE HOUSE.
WITHOUT THIS ADJUSTMENT, THE ONLY VIABLE ALTERNATIVE WILL BE A TALLER THREE STORY STRUCTURE.
A TALLER STRUCTURE WILL HAVE A GREATER IMPACT ON THE NEIGHBORHOOD.
AND THIS PROPOSAL IS MORE COMP, IT'S A MORE COMPATIBLE SOLUTION.
THIS DESIGN BALANCES FUNCTIONALITY WITH NEIGHBORHOOD COMPATIBILITY.
SO AGAIN, THIS IS A PHOTO OF WHAT WE'RE TRYING TO BUILD HERE, AND IT'S VERY SIMPLE.
ONCE WE HAVE, UH, GRANTED THIS OPPORTUNITY THAT ALSO VERY SIMILAR HOUSES WILL BE BUILT IN THE FUTURE, IN THE TI, IN, IN THE, IN THE NEXT LOTS.
THIS IS THE CONCEPTUAL SITE PLAN.
SO THIS IS THE FRONT, AGAIN, THIS IS THE SIDE.
THIS, THIS AREA WAS GIVEN TO THE CITY IN ORDER TO BUILD A, A, A SIDEWALK TO CONSTRUCT.
AND THEN THERE IS A TWO FEET, UH, BUFFER FOR THE ELECTRICAL PULSE.
SO WE LOST SIX FEET HERE FROM THE REGIONAL LOT.
SO RIGHT NOW WE NEED TO HAVE A MINIMUM LENGTH OF 20 FEET FOR THE DRIVEWAY.
SO THIS CREATES A VERY LIMITED, UH, 21.
WELL, I'M SORRY, THIS WILL BE THE, THE CONCEPTUAL PLAN.
IF WE ALLOW, THEN WE CAN HAVE A 21 FEET HOUSE, UH, WITH 69.5, WHICH IS A GREAT LAYOUT, VERY COMFORTABLE HOUSE, AT LEAST FOR, FOR THREE BEDROOMS. AND THE OWNER, I'M HAPPY TO, YOU KNOW, IT'LL BE VERY HAPPY TO HAVE A VERY COMFORTABLE HOUSE.
UH, TO ANSWER YOUR QUESTION, MR. ORIAN ORIAN, THIS IS ADJACENT LOT, LOT 31.
SO IS THE, IS THE EMPTY LOT RIGHT NOW THAT, THAT, THAT I ALSO OWN.
AND THEN THIS IS THE, THE OTHER HOUSE, THE PROPERTY LINE.
HOPEFULLY THAT CLARIFIES YOUR QUESTION BEFORE.
SO BRING THE, YEAH, THERE'S THAT SIDE PLAN.
SO ON THAT SIDE PLAN, YOU'RE SAYING ADJACENT LOT 31, AND YOU HAVE A DIMENSION THAT SAYS FOUR FEET BETWEEN STRUCTURES, PLEASE.
THERE'S TWO, TWO FEET VARIANCE RIGHT HERE.
AND THEN PLUS THE, ANOTHER TWO FEET, YOU KNOW, IF WE BUILD, IF WE GET GRANTED THE VARIANCE AND ALSO FOR THE OTHER PROPERTY TO BE BUILT IN THE
[02:25:01]
FUTURE.SO 2, 4, 2, 2, 2 FEET HERE, PLUS TWO, FOUR.
HE, UH, FEET HERE WILL BE FOUR FEET.
THAT'S IF YOU GET THE VARIANCE TODAY.
AND THEN IF YOU GET A VARIANCE IN THE FUTURE.
AND THEN, UH, ON YOUR SKETCH WHERE YOU SHOWED THE 18 FEET AND THE THREE FEET, THE, THE COLOR RENDERING, UH, WHERE YOU'RE LOOKING AT THE, UH, IF YOU COULD BRING THAT BACK UP.
YEAH, THE COLOR RENDERING, PLEASE.
THAT ONE? UH, NO, THE ONE WITH THE DIMENSION DIMENSIONS THAT NO, NO, GO AHEAD.
THE PHOTO, THE BIG PHOTO OF THE HOUSE.
SO, UH, THERE'S ONE BEFORE THAT ONE THERE, THERE IS
SO ON YOUR SIDE PLAN, YOU'RE SHOWING 21 FEET OF STRUCTURE.
THIS THING IS SHOWING ALSO 21 FEET, BUT THE DIMENSION LOOKS LIKE IT'S TO THE DOOR AND NOT TO THE OUTSIDE OF THE HOME.
SO LIKE, IF YOU HAVE 18 FEET FOR THE DRIVEWAY AND THEN THREE FEET FOR THE HOME, WHAT ABOUT THE, WHAT ABOUT THE, UH, ON THE SIDE OF THE DOOR WHERE YOU HAVE THAT LIGHT? I MEAN, IS THERE, IS THAT, THAT'S WHAT REPRESENTS YEAH.
WELL IF THIS LINE RIGHT NOW, MAYBE, MAYBE I DON'T CLARIFY, BUT THIS, THIS AREA, WHICH SHOULD BE THREE FEET RIGHT HERE.
WELL, ISN'T THE DOOR A THREE FOOT DOOR? I'M, I'M TRYING TO FIGURE OUT LIKE, BECAUSE IF I NEED 18 FEET TO PARK THE CARS, AND THEN I HAVE A POST FOR THE CARPORT, AND THEN YOU'RE SAYING THAT YOU HAVE THREE FEET FOR AN ENTRY DOOR.
YOU'RE NOT ACCOUNTING FOR ANY OF THE STRUCTURAL SUPPORTS OR THE THICKNESS OF THE WALL OR ANYTHING ON THE SIDE.
IS THIS JUST A GENERIC RENDERING? NO, NO, IT'S NOT ENGINEERING.
I, I DO IT, I DID IT MYSELF TOO, TO EXPLAIN.
SO IT'S NOT, IT'S NOT, IT'S, IT'S, UH, MORE, IT'S JUST TO GIVE YOU AN IDEA,
OF COURSE, I'LL HAVE AN ARCHITECT DESIGN IT.
BUT I, MY MY GOAL IS JUST TO, MY GOAL HERE WITH THIS PHOTO IS, IS JUST TO SHOW THE NECESSARY, UH, UH, MEASUREMENTS IN ORDER TO HAVE A FUNCTIONAL HOUSE.
OKAY? UM, AND THEN THE, AND THEN THE, UH, ALSO IF YOU, IF YOU ARE ONLY TWO FEET OFF OF THE PROPERTY LINE, YOU CAN'T HAVE WINDOWS ON THE ENTIRE SIDE SIDE OF THE HOUSE.
AND WE ARE, WE'RE, WE'RE GONNA BE COMPLIANT WITH THE FIRE CODE, WHICH SAYS THAT NO, NO, NO WINDOWS.
YOU CANNOT HAVE ANY OPENINGS ON THE SIDES.
ANY QUESTIONS FROM THAT? UH, I, I STILL, OH, SORRY.
OH, YOU, I, I THOUGHT YOU WERE DUMB.
UH, SO THESE ARE THE FOUR VARIANCES.
EACH VARIANCE DIRECTLY RESPONDS TO A SPECIFICAL PHYSICAL CONSTRAINT OF THE PROPERTY.
THESE CONDITIONS ARE INHERENT TO THE PROPERTY AND NOT SELF-CREATED.
AND NONE OF THESE VARIANCES INCREASE DENSITY OR INTENSITY IN SITE.
SO, QUICK EXPLANATION, JUST ON, ON THE JUSTIFICATION FOR EACH, UH, FOR EACH OF THESE FOUR.
SO, AGAIN, UH, THIS LOT FRONTS ON, ON AN ARTERIAL CLASSIFICATION.
WE ALREADY TO, SO TO ALLOW A SINGLE FAMILY RESIDENTIAL USE IN ARTERIAL STREET, I BELIEVE THAT THE, THE BORDER ALREADY UNDERSTOOD THE SITUATION WITH THE CODE WE'RE HAPPENING IN THIS RESIDENTIAL NEIGHBORHOOD.
AND WE JUST NEED TO COMPLY WITH THE, WITH THE DUE PROCESS IN ORDER TO, UH, ACCEPT THE CONSTRUCTION OF A RESIDENTIAL HOUSE HERE.
I HOPE THAT'S SELF-EXPLANATORY.
UM, THE NEXT EXPERIENCE RIGHT NOW, JUST AGAIN, I TRY TO DESIGN THE BEST POSSIBLE.
SO THIS WILL BE, THIS IS HOW IT LOOKS.
THIS IS ACTUALLY THE NEIGHBORING HOUSES.
THESE ARE THE EXISTING HOUSES.
SO IF WE HAVE, IT WILL EMIT THE CONSTRUCTION TO 15 FEET.
THIS IS HOW NORMALLY THE LAYOUT, THE LAYOUT WILL, WILL, WILL SEE.
AND EVEN WE WILL NEED TO BUILD A, A THIRD FLOOR, WHICH WILL MAKE THE, THE, THE, THE, THE CHARACTER LESS COMPATIBLE AND WITH, UH, AND NOT TO THE CHARACTER OF THE REST OF THE NEIGHBORHOOD.
UM, SO IT WILL FORCE A THREE STORY DESIGN TO ACHIEVE FUNCTIONAL LIVING SPACE.
SO JUST AGAIN, THE SAME PICTURE, UH, JUST TO PROVIDE BETTER IMAGES.
SO RIGHT NOW THERE IS, IT, IT, IT WILL CREATE A ONE, UH, ONE SPACE PER CARPORT.
THE OWNERS WILL HAVE TO PROBABLY PARK ADJACENT, OR EVEN, EVEN, EVEN THAT'S 20 FEET WILL HAVE, WILL CREATE, UM, HOW I SAY, A VICIOUS CIRCLE.
BECAUSE IF YOU HAVE TO PARK ANOTHER CAR HERE, IT WILL CREATE A MORE LIMITED SETBACK RIGHT HERE.
THIS IS FOR EXAMPLE, HOW, HOW IT CAN LOOKS WITH THE, WITH THE, UH, BY EXTEND TO 21 FEET, YOU CAN HAVE THE TWO CARS AND A, A MORE COMPATIBLE LOOK, UH, WITH THE CHARACTER OF THE NEIGHBORHOOD.
IT'S VERY IMPORTANT, VERY, VERY IMPORTANT THAT SINCE THIS IS NEW CONSTRUCTION, WE ARE GONNA HAVE FIRE RATED WOLVES.
AND WE HAVE TO BE FULLY COMPLIANT WITH THE FIRE CODE AND WITH THE GRADING CODE, THERE ARE GONNA BE NO OPEN.
I ALREADY HAD A MEETING WITH THE FIRE MARSHAL, AND THEY SAY, OKAY, WE AS GO TO PRESENT TO THE BOARD, AND THEN IT'S UP TO US IF WE ARE GONNA ALLOW US, YOU KNOW, THE, THE, THE NUMBER OF FEET AFTER, AFTER.
BUT FIRST YOU NEED TO HAVE THAT GRANTED.
[02:30:01]
NOW WE ARE WORKING ON A, ON A COLD MODIFICATION REQUEST WITH THE FIRE DEPARTMENT, WITH SOME OF THE IMPORTANT THINGS THAT WE NEED IN THE CONSTRUCTION IS TO HAVE NO OPENINGS, NO OVERHANGS, NON-COMBUSTIBLE MATERIALS, INCLUDING FENCES.SO THE FENCES HAVE TO BE ALSO FIRE RATED, OR, UH, THERE HAD TO BE, UH, SOME KIND OF METAL, UH, NOT WOOD.
SO WE ARE GONNA COMPLY WITH THAT, WITH A TYPE OF FENCE THAT WILL NOT BE SUBJECT TO FIRE.
JUST TO SHOW YOU A, UM, A QUICK HERE, FOR EXAMPLE, EXPLANATION.
AGAIN, THESE WERE THE FOUR FEET WERE GIVEN TO THE CITY OF SAN ANTONIO FOR THE, FOR THE SIDEWALK PLUS THE A TWO FEET BUFFER RIGHT HERE IN ORDER TO CONSTRUCT THE, UH, ELECTRICAL PULSE.
SO THIS CREATES A, A MUCH HARDER HARDSHIP FOR, FOR THE LOT.
AGAIN, THIS IS ANOTHER LOOK OF THE HOUSE.
AND ON THE, ON THE, ON THE, UH, IMPERVIOUS, THE NON IMPERVIOUS COVER, THIS IS HOW WE ARE TRYING TO, TO CREATE THE LOOK, UH, HAVING THAT 80%.
BUT IF FOR SOME REASON THE BOARD IS, UH, DOES NOT, UH, SUPPORT, WE CAN BUILD IN THIS AREA WITH NO, UH, WITH, UH, IMPERVIOUS, I'M SORRY, NON IMPERVIOUS MATERIALS LIKE OTHER, OTHER CURRENTLY PROPERTIES IN SAN ANTONIO.
UH, AND FINALLY, THESE ARE COMPARABLE APPROVED CONDITIONS ALREADY EXISTING IN SAN ANTONIO.
WE GOT THREE ADDRESSES WITH, UH, ONE HERE IN, UH, 2 23 AND 2 21 WEST LARE.
IT HAS TWO FEET, THREE INCHES, FEET SIDE SETBACKS.
YOU CAN SEE THE DIFFERENCE RIGHT HERE.
UH, ANOTHER ONE HERE IN WESTLAW, I'M SORRY, UH, I GOT WRONG THE ADDRESS, I APOLOGIZE.
BUT THE, ANOTHER ADDRESS WITH 1.7 AND ANOTHER ADDRESS ONE, 1.6.
UH, AND THESE ARE 3, 3, 3, UM, THREE LEVEL STRUCTURES, WHICH NORMALLY, UM, IF, IF WE ARE LIMITED, WE WILL HAVE TO BUILD A THREE, UH, A THREE STORY BUILDING.
WE WANT TO BE MORE COMPATIBLE WITH THE NEIGHBORHOOD.
SO FINALLY, THIS REQUEST MAINTAINS A SINGLE FAMILY RESIDENTIAL USE WITH NO INCREASED INTENSITY OR INTENSITY.
IT REMAINS COMPATIBLE WITH THE NEIGHBORHOOD AND THERE'S NOT ADVERSE IMPACT.
BASED ON THESE CONDITIONS, WE RESPECTFULLY REQUEST APPROVAL OF THE VARIANCES, INCLUDING ARTERIAL CONDITION, SETBACKS, AND IMPERVIOUS COVER ADJUSTMENTS.
TO ENABLE A FUNCTIONAL CODE COMPLIANT SINGLE FAMILY HOME CONSISTED WITH THE, WITH THE SURROUNDING NEIGHBORHOOD, THE CONSTRAINTS.
I HOPE I WAS ABLE TO SHOW THAT THEY'RE NOT REAL.
I'M SORRY THAT THEY'RE REAL AND NOT SELF-CREATED.
AND THIS REQUEST IS NOT ABOUT MAXIMIZING DEVELOPMENT, BUT ABOUT RESTORING FUNCTIONALITY.
WITHOUT IT, THE ONLY VIABLE ALTERNATIVE WILL RESULT IN A MORE IMPACTFUL DESIGN THAN WHAT IT IS PROPOSED WITH A THREE STORY BUILDING.
WE RESPECTFULLY REQUEST YOUR APPROVAL.
THANK YOU FOR YOUR TIME AND CONSIDERATION.
SO, UH, THE TWO EXAMPLES YOU HAD ON WEST LAUREL, THOSE ARE ZONE IDZ, AND THEY DON'T HAVE TO HAVE A FIVE FOOT SIDE SETBACK.
THEY HAVE TO HAVE A FIVE FOOT PERIMETER SETBACK.
DID YOU, DID YOU CONSIDER PURSUING IDZ FOR THESE THREE PROPERTIES THAT YOU CAN HAVE THESE SORT OF, UH, LESSON SETBACKS INTERNALLY? I'M SORRY, MR. RYAN, ONE MORE QUE REPEAT THE QUESTION PLEASE.
UH, DID YOU CONSIDER PURSUING LIKE IDZ ZONING SO THAT YOU CAN SCULPT THIS SORT OF A, UM, NO, NO, I'M NOT, TO BE HONEST, I'M, I I'M NOT AWARE OF, UH, OF THAT UM, STRUCTURE.
BECAUSE THE EXAMPLE THAT, THIS EXAMPLE THAT YOU PROVIDED THAT'S ON THE SCREEN, THOSE ARE ZONE IDZ.
THEY DON'T HAVE TO HAVE THE FIVE FOOT INTERIOR SIDE SETBACKS.
THEY ONLY HAVE TO HAVE A FIVE FOOT PERIMETER MM-HMM
SO THESE, SO I, I, I'M JUST, THAT'S WHY THEY'RE LIKE THAT.
UH, AND THEN, UM, DID, DID YOU ATTEMPT TO, UH, REQUEST ALL, UM, A BOA VARIANCE FOR ALL THREE LOTS AND YOU JUST DECIDED TO, TO JUST DO ONE? YES.
FOR NOW, BECAUSE, UH, IT, IT, IT, IT IS TWO, THREE DIFFERENT SITUATIONS HERE.
ONCE WE GO AND, AND HAVE THE FIRST ONE, UH, WITH THE SECOND ONE THAT WE'RE PLANNING, UH, WELL FIRST WE'RE PLANNING TO BUILD THE FIRST ONE WITH THE SECOND ONE.
THIS IS A DIFFERENT SITUATION.
NOW WE ARE TALKING ABOUT, UH, UH, A BUILDING IN THE MIDDLE OF TWO STRUCTURES THAT I'M BUILDING.
AND THEN WITH THE, THE ONE IN THE RIGHT, IT'S ANOTHER STORY.
SO THEY'RE, THEY DON'T HAVE THEIR OWN, UH, SITUATIONS OR CHARACTERISTICS AND, AND IS THERE A, IS THERE A, A FUNCTIONAL LAYOUT THAT YOU CAN HAVE THAT JUST DOESN'T HAVE 21 FEET, LIKE MAYBE EVEN 19 FEET OR SOMETHING? 'CAUSE THIS BOARD HAS SEEN THESE BEFORE AND, AND, AND HONOR HONORING A, A BIGGER SETBACK NEXT TO A NEIGHBOR IS ONE THING.
THAT'S SOMETHING WHERE WE'VE, WE'VE
[02:35:01]
SEEN A REDUCTION.UM, I, I PERSONALLY NOT A FAN OF THE TWO FEET ON THE OUTER, ON THE OUTER PERIMETERS.
UM, BUT I'LL LEAVE, SEE IF THERE'S ANY OTHER QUESTIONS TO THAT EXTENT.
SO, UM, CAN WE BRING UP, SO YOU HAD A WONDERFUL CHART THERE THAT SHOWED THE NEIGHBORHOOD WITH THE ORIGINAL PLATTING.
AND THEN, UM, AND SO THAT IS ORIGINAL PLATING.
DID YOU REPL THOSE, THAT PROPERTY TO BE THREE SEPARATE PLATS? UH, NO.
MR. MANNA, THERE, THERE ARE THREE HISTORICAL LOTS AND THERE IS A COD ALREADY APPROVED FOR EACH OF THEM.
SO, UM, 'CAUSE 'CAUSE THAT WHOLE COMMUNITY BASICALLY IS LAID OUT THAT WAY, BUT THERE'S ONLY ONE LOT IN THAT COMMUNITY THAT IS THE WIDTH THAT YOU'RE GETTING READY TO MAKE THE THREE LOTS.
AND SO, AND THEY, AND IT DOES HAVE A HOUSE, AND IF YOU BRING UP GOOGLE DRIVE AND YOU GO DOWN TO THE NEXT BLOCKS, IT DOES SHOW THE HOUSE THAT IS A 15 FOOT WIDE HOUSE ON THAT PROPERTY.
AND SO, SO, SO THE ONLY OTHER HOUSE THAT IS THIS WIDTH IS BASICALLY DESIGNED AS, IT WAS THIS ORIGINAL COMMUNITY WAS MEANT TO BE DESIGNED AS, ALTHOUGH IT'S AN OLDER HOUSE.
AND SO, SO I WONDER ABOUT THE IDZ DIALOGUE, BUT THEN ALSO, UM, YOU KNOW, I WAS TRYING TO LOOK UP TOWNHOME KIND OF DIALOGUE AND, AND I DON'T LIKE TO GO DOWN THOSE PATHS AT ALL.
BUT, BUT WITH IT, YOU HAVE SHARED WALL SPACE, UM, ALLOWED FOR THE THREE LOTS, UM, AND YOU HAVE THE, YOU STILL HAVE SETBACKS ON THE SIDES, BUT IT KIND OF DOES ALLOW YOU TO HAVE A SHARED WALL AND, UM, START TO WORK WITHIN REDUCING SOME OF THE SETBACKS THAT YOU MAY BE ABLE TO GET HAPPEN.
WHAT YOU, WHAT YOU'RE WORKING THROUGH.
AND, AND ON THAT, SO FOR STAFF, BECAUSE THIS IS AN ANTIQUATED PLAT, IF YOU WERE TO WERE TO PURSUE A TOWN HOME, WOULD IT REQUIRE A PLAT? I BELIEVE SO.
JUST BECAUSE YOU'RE, AND THAT'S WHAT I WAS SAYING.
SO HE'S GONNA REPL IT ANYWAYS AND WELL, IF HE DID THAT, HE'D HAVE TO DEDICATE A 14 FOOT CPS EASEMENT ALONG THE FRONT, UH, AND MAYBE EVEN MORE RIGHT.
SO THAT KIND OF, BUT, BUT IT MAY BE, IT MAY BE A WASH.
SO I MEAN THE, THE COD WHAT IT IS, WHAT IT IS THAT IT'S AVAILABLE FOR TOWN HOMES IS, IS QUITE LIBERAL.
BUT THIS, I WAS GONNA SAY THE COD WAIVES, THE PLATTING NEED.
SO HE WOULD NOT NEED A PLAT IF HE WAS ABLE TO BUILD THREE SEPARATE DWELLING UNITS, RIGHT? YEAH.
SO, YOU KNOW, TO ME IT SEEMS LIKE IT'S A WRONG DESIGN GOING ON THESE THREE LOTS.
AND THAT'S, I WAS WONDERING IF THERE WAS ANOTHER IDZ YEAH.
ANOTHER PATH AND, AND, AND I NEED TO UNDERSTAND THAT THE DIFFERENT OR WHY THE TOWN HOME WOULDN'T WORK, BUT, BUT YEAH, IDZ YEAH, HE WOULD JUST BECAUSE HE'D HAVE TO PLAT AND THEN, AND THEN, UM, IF HE HAD TO PLAT WITH THE R FIVE ZONING, YOU CAN DO THE TOWN HOME AND STILL HAVE THE, A LOWER SQUARE FOOTAGE.
IS THAT TRUE? DOES THAT GIVE YOU AN EXEMPTION ON THE SQUARE FOOTAGE OR DOES HE HAVE TO MEET THE R FIVE? UM, NO, HE CAN DO THE LOWER SQUARE FOOTAGE.
SO HE HAS, IF HE WAS TO DO A TOWN HOME DEVELOPMENT, SO THE, SO HE HAS TWO OTHER PATHS, IDZ OR TOWN HOME TO DO SOMETHING LIKE THIS.
BUT THOSE WOULD MOST LIKELY REQUIRE PLATTING, PLATTING OR ZONING.
ELSE HAVE A, I'M JUST CURIOUS ON THE IDZ ZONING, WOULD THAT BE BENEFICIAL FOR THE, THE IMPERVIOUS COVER? UM, OR IS THERE ANY BENEFIT WITH THE ZONING? NO, THE IMPERVIOUS COVERAGE WOULD STILL NEED TO BE REVIEWED BY A VARIANCE.
I ALSO WANNA POINT OUT REALLY QUICK THAT SOME OF THE RENDERINGS HAD A CARPORT IF THE APPLICANT WERE TO DEVELOP A CARPORT, THAT WOULD ALSO NEED A VARIANCE.
SO, UM, ANYTHING ELSE? WELL, I JUST, I MEAN, YES, I DON'T, UM, KEEP GOING TOWN NOW THING, BUT HA HAVE YOU EXPLORED TO SHARED WALLS? I MEAN, THAT WOULD GIVE YOU A LOT MORE FLEXIBILITY TO, TO WHAT, SORRY? SHARED WALLS LIKE A, A TOWN? UM, PERSONALLY, PERSONALLY, I'M NOT A FAN OF SHARING WALLS BASED ON THE, BECAUSE FOR THE PRIVACY OF THE OWNER OR THE FUTURE OWNER, UH, I, I HAVE LIVING IN THE PAST, IT'S A PERSONAL THING ABOUT LIVING WITH NEXT TO OTHER PEOPLE, UH, NOISE, ET CETERA.
SO PERSONALLY, I'M NOT A FAN OF SHARING WALLS.
BUT, AND THAT'S THE PART OF THE MY DNA AS AS A DEVELOPER HERE.
AND WHEN THIS PLAT WAS DONE IN THE EARLY 19 HUNDREDS, THE ZONING ALLOWED A THREE FOOT SIDE SETBACK.
SO I'D BE, I DON'T HAVE ANY ISSUE WITH THE THREE FOOT SIDE SETBACK.
UH, AND, AND I MIGHT, YOU KNOW, ON THE EXTERIOR FOR SURE I COULD, BUT ON THE INTERIOR LOT, LIKE, SO FACING HIS LOT ON THE, I GUESS THAT WOULD BE THE, THE EAST SIDE, I MIGHT SUPPORT A TWO FOOT MAYBE, BUT I, I COULDN'T GET BELOW THREE ON THE EXTERIORS, SO SURE.
JUST FOR GUIDANCE HERE, ARE WE THEN SUGGESTING A CONTINUANCE FOR HIM TO EXPLORE THE ZONING, UH, BEFORE WE TAKE A VOTE HERE OR, 'CAUSE IF WE DON'T, IF WE TAKE A NO ACTION, OR IF HIS VARIANCE IS DENIED HERE, THEN HE IS, WELL SEE, THE LAST TIME WE SAW THREE LOTS LIKE THIS, IT WAS
[02:40:01]
FIVE FEET ON THE OUTSIDE AND THEN TWO AND THREE, TWO AND THREE.SO THAT THERE WAS FIVE FEET SEPARATION ON THE HOMES BECAUSE WE WERE TRYING TO, THIS BOARD HONORED THE FIVE FOOT SIDE EXTERIOR FOR THE NEIGHBOR FOR THE LOT.
HE DIDN'T OWN FOR THE SIDE, YOU KNOW, THE BUDDING NEIGHBOR.
HE DIDN'T HAVE WAS THAT A 25 FOOT LOT IS YES.
AND SO THAT, AND WHAT THAT DID WAS THAT, THAT ALLOWED HIM TO GO DOWN TO LIKE 18 FOOT WIDE OF DEVELOPMENT INSTEAD OF 15.
BUT THIS, BUT THIS IS TOO, I, I, I DUNNO, I CAN'T GET BEHIND TOO.
IS THERE, IS THERE ANYTHING THAT YOU WOULD, YOU KNOW, BE IN FAVOR OF OTHER THAN TWO FEET AND THREE FEET? UH, YES.
I, IF YOU, IF I'M, IF, IF THE WORD, UM, CONSIDERS NOT, NOT THAT THE TWO FEET, BUT RATHER, UH, THREE FEET OR I'M, I'M, I CAN COMPLY.
EVEN, EVEN, UH, I CAN SACRIFICE ONE FEET.
IF, IF, IF IT'S A THREE, IF IT'S A, SORRY, IF IT'S RATHER THAN TWO FEET, IT'LL BE THREE FEET.
ANY OTHER COMMISSIONERS LIKE TO CHIME IN? STEVENS, STEVENS IS THERE, IS THERE THE, I HISTORICALLY LIKE THREE FEET TO BE ABLE TO MAINTAIN YOUR, YOUR PROPERTY ON ALL SIDES, ASSUMING SOMEBODY YOU'RE SELLING THESE PROPERTIES EVENTUALLY.
MY, I GUESS THE ONLY CONCERN I HAVE, UH, PENDING THAT THREE FOOT SETBACK WOULD BE THE IMPERVIOUS COVER AT THE FRONT.
SO CAN, CAN WE REDUCE THAT FROM 80% DOWN TO SOMETHING CLOSER TO THE 50% REQUIREMENT? YES.
I, I DON'T HAVE AN, IF YOU CAN SEE ON THE, ON THE PARKING LOT, IF THERE IS THE, THE, THE PHOTO OF THE, CAN WE SHOW THE PHOTO OF THE PROPERTY, PLEASE? UH, YEAH.
HERE, HERE, FOR EXAMPLE, WELL IT SHOWS IF, IF WE BUILD, UM, SOME, UH, IMPER IMPERVIOUS MATERIALS RIGHT HERE, LIKE OTHER PROPERTIES DO WE, WE CAN MANAGE.
YOU MEAN LIKE THE SCRIPTS FOR THE YEAH.
IS THERE A PREVIOUS COVER THAT YOU COULD GET BEHIND, LIKE 70% OR SOMETHING? YEAH, I MEAN, AND I THINK IN THE SPIRIT OF COMPROMISE, LIKE 7 65 70, IT UH, DOES IT COVER ON ABOVE COUNT FOR THE IMPERVIOUS COVER VERSUS, SO THAT'S, THAT'S PART OF IT.
RIGHT? THAT'S A GOOD QUESTION.
STAFF ON THAT IMPERVIOUS COVER REQUIREMENT, IF THERE'S A CARPORT INVOLVED AND HE HAD, UH, SOME SORT OF IMPERVIOUS PARKING OR DRIVE DRIVEWAY, DOES THAT COUNTER, SO THE IMPERVIOUS COVER IS IN THE, IN FRONT OF THE FRONT FACADE.
SO THAT'S THE WALL OF THE HOUSE.
DOESN'T MATTER IF THEY HAVE A CARPORT OR NOT THAT THAT WHOLE AREA, IT'S ONLY THE GROUND.
SO THE CARPORT
BUT THE STRIP LOTS OR THE, UM, RIBBON LOT, I MEAN, RIBBON AND DRIVEWAY WOULD TAKE CARE OF THAT.
SO, SO WE, SO THE NUMBER THAT WAS THROWN OUT IS 70% IS IF, IF THIS, UH, FOR THE IMPERVIOUS COVER AND THREE FOOT FOR THE SIDE SETBACK, IS THERE ANY, ANY OTHER COMMISSIONERS THAT WOULD LIKE TO, UH, UM, ADD OR IS THERE ANYONE AS TIME TO SPEAK FOR THIS REAL QUICK BONIES FOR THE APPLICANT? YOU KNOW? YES.
I, I DON'T THINK YOU'D EVER HEARD OF IDZ ZONING.
SO ARE, ARE YOU FAMILIAR WITH IDZ AND OVER HERE AT THE END? SO YOU HAD NEVER HEARD OF IDZ ZONING BEFORE THIS? NO, SIR.
UM, IT MIGHT, IT MIGHT BE IN YOUR, IN YOUR FAVOR TO MAYBE TAKE A LOOK AT THAT AND DO, SO DO YOU HAVE AN IDEA OF WHAT YOU WANNA DO WITH THE OTHER LOTS ALREADY? 'CAUSE I KNOW YOU SHOWED US KIND OF, YOU KNOW, RENDERING OF YOU WANNA PUT THREE THERE? YES.
YOU WANT TO, SO YOU HAVE AN IDEA OF WHAT YOU WANNA DO IN THE FUTURE HERE.
SO, I DON'T KNOW, MAYBE ENTERTAINING AND REALLY LOOKING AT THAT IDZ ZONING MIGHT BENEFIT YOU 'CAUSE YOU'RE GONNA HAVE TO COME BACK FOR YEAH.
THE, THE, THE IDZ ZONING HAS A, HAS A FIVE FOOT PERIMETER SETBACK.
IT DOES NOT HAVE A, UH, OTHER THAN IT BEING DETACHED, IT DOESN'T HAVE AN INTERNAL, UH, SETBACK.
BUT IF WE WERE TO PROVE THIS TODAY WITH A THREE FOOT AND THEN HE WERE TO GO PURSUE IDZ, MAYBE TO GIVE HIM SOME MORE OPTIONS, WOULD, WOULD THE ANY VARIANCE THAT WE GRANT STILL COUNT? YES.
AS LONG AS HE BUILDS WITHIN OR AS LONG AS HE SUBMITS AN APPLICATION WITHIN A YEAR.
SO THERE, SO YOU STILL HAVE ADDITIONAL OPTIONS, YOU KNOW, EVEN AFTER TWO.
SO IS WITH THAT, IS THERE PENDING A NO MORE QUESTIONS? I'M LOOKING FOR A MOTION OR IF ANYBODY LIKE TO MAKE IT OR I CAN MAKE IT AND WHY DON'T YOU? THE CHAIR SAYS ME
UH, REGARDING CASE NUMBER BO OA DASH 26 DASH 1 0 3 43, I MOVE THAT THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR ONE, A REQUEST FOR VARIANCE AS DESCRIBED IN SECTION 35 5 15 C4 TO ALLOW A SINGLE-FAMILY RESIDENTIAL LOT TO FRONT AN ARTERIAL STREET.
[02:45:01]
UM, TWO, A THREE FOOT, A TWO FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SETBACK REQUIREMENT TO ALLOW A PRIMARY STRUCTURE TO BE WITHIN THREE FEET OF THE SIDE PROPERTY LINE.UH, THREE, A FIVE FOOT VARIANCE IN THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A PRIMARY STRUCTURE TO BE 15 FEET FROM THE REAR PROPERTY LINE.
WHAT IS THIS SAYING TO ALLOW A OH THESE NOT, YEAH, 20%, THE 30% VARIANCE IN THE MAXIMUM 50% AND PER 20% VARIANCE IN THE MAXIMUM 50% IMPERVIOUS COVER TO ALLOW A 70% IMPERVIOUS COVER IN THE FRONT YARD SITUATED AT 2 2 4 DOOR STREET.
APPLICANT BEING RICARDO VALDEZ BECAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE'VE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH AS A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIPS.
SPECIFICALLY, YOU FIND THAT ONE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
EXISTING RESIDENTIAL PROPERTIES.
FRONTING DOOR STREET WERE OBSERVED IN THE SURROUNDING AREA.
SETBACKS AND PREVIOUS COVER REQUESTED WILL STILL PROVIDE ADEQUATE SPACE AND CONDITIONS TO MITIGATE STORMWATER RUNOFF RUNOFF FOR POTENTIAL FIRE SPREAD OF THE ADJACENT PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN NOT ALLOWING THE FRONTAGE ON DO STREET.
THE IN INABILITY TO DEVELOP WITH THE REDUCED SETBACKS AND INCREASE PREVIOUS COVER REQUESTS WOULD ALSO RESULT IN UNNECESSARY HARDSHIP AS A LOT IS LIMITED IN SPACE.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
A FRONTAGE VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THIS ACCESS IS THE ONLY ALLOWABLE ENTRANCE OF THE PROPERTY.
THE CONSTRUCTION OF A SINGLE FAMILY RESIDENCE WITH REDUCED SETBACK REQUIREMENTS WILL REQUIRE COMPLIANCE WITH BUILDING CODES TO MITIGATE THE RISK OF FIRE SPREAD.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF EASE 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.
UH, NUMBER FIVE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED.
STAFF FINDS THE REQUEST HAS NOT INJURE THE APPROPRIATE USE OF ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
DO THE RESIDENTIAL LODGES RUNNING DOOR STREET.
IF GRANTED THE RESIDES WOULD A THREE FOOT DISTANCE FROM EACH SIDE PROPERTY LINE AND A 15 FOOT DISTANCE TO THE REAR PROPERTY LINE, WHICH WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
SIX APPLIED TO THE OWNER OF THE PROPERTY FOR CIVILIANS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND NOT DUE TO WHERE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF FINDS APPLY TO THE OWNER FOR THE PROPERTY FOR WHICH OF VARIANCE IS SOUGHT DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
IF THE VARIANCE IS NOT GRANTED, THE PROPERTY WOULD NOT BE ACCESSIBLE AND CANNOT BE DEVELOPED AND THE PROPOSED PLANS WOULD NEED TO BE ALTERED INTO MOTION.
UH, I'M GONNA BE IN SUPPORT OF THE MOTION AS I READ.
I I IT'S THREE FOOT, UH, SIDE SETBACKS.
THE REAR WAS ACCEPTABLE BECAUSE OF THE, THE, THE FRONT, UH, DEDICATION PRIOR.
UH, AND, AND I THINK THE 70% AND PER EAST COVER LIMIT IS A GOOD COMPROMISE.
UH, COMMISSIONER MANNA, I CONCUR WITH MY COLLEAGUE.
UH, ANY OTHER COMMISSIONS' LIKE TO ADD HEARING NOW? LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
IF YOU HAVE ANY QUESTIONS, PLEASE GET WITH STAFF.
ITEM 10, THIS IS CASE BO A TWO SIX DASH 1 0 3 0 0 0 5 0.
THE APPLICANT IS ALBERTO GARCIA.
THE LOCATION IS 1 5 5 HOLLY STREET.
THE REQUEST IS FOR ONE, A FENCE MATERIAL VARIANCE TO ALLOW THE USE OF CORRUGATED METAL.
TWO, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT TO ALLOW A SIX FOOT TALL PRIVACY FENCE IN THE FRONT YARD, LIMITED TO THE WEST SIDE PROPERTY LINE.
AND THREE, A ONE FOOT SPECIAL EXCEPTION TO ALLOW A WR IRON FENCE WITH A SIX FOOT STONE COLUMNS ALONG THE, UH, FRONT PROPERTY LINE.
AND FOUR, A FIVE FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY CLEAR VISION AREA TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION AREA.
THE SUBJECT PROPERTY IS LOCATED NEAR THE NORTHEAST CORRIDOR OF SOUTHWEST, UH, 21ST STREET AND HOLLY STREET.
A CODE ENFORCEMENT INVESTIGATION WAS CONDUCTED ON SITE IN RESPONSE TO A CITIZEN CALL AND FOUND EVIDENCE OF A NEW FENCE BEING CONSTRUCTED OF A NON PERMITTED MATERIAL AT A HEIGHT OVER SIX FEET.
THE PROPERTY OWNER INFORMED THE CODE ENFORCEMENT OFFICER THAT THE FENCE IS
[02:50:01]
TEMPORARY AND THAT THEIR INTENT IS TO TAME A PERMIT TO INSTALL A PERMANENT FENCE AND THE MATERIAL WILL ALTERNATE BETWEEN WOOD AND CORRUGATED METAL.UH, THE APPLICANT PROPOSED TO BUILD THE FENCE ALONG THE REAR PROPERTY AND WEST SIDE PROPERTY LINES USING A COMBINATION OF WOOD AND CORRUGATED METAL AT A HEIGHT, NO TALLER THAN SIX FOOT TO INCLUDE THE FRONT YARD.
THE APPLICANT WAS INFORMED THAT IN ORDER TO BUILD THE FENCE WITH THE MATERIAL AND HEIGHT, PROPOSED VARIANCE AND SPECIAL EXCEPTION MUST BE OBTAINED FROM THE BOARD OF ADJUSTMENT.
WHILE ON SITE VISIT, STAFF NOTICED A NON-COMPLIANT FENCE, WHICH AFTER REVIEW IT WAS DETERMINED THAT NO VARIANCE WAS OBTAINED FOR THE CURRENT HEIGHT.
THE FRONT FENCE ALSO CREATED A CLEAR VISION ISSUE FOR WHICH A VARIANCE IS NEEDED.
THIS IS THE SITE PLAN AND UH, ONE IS WHERE THE CORRUGATED MIDDLE AS WELL AS RIGHT HERE.
TWO IS THE, UH, SPECIAL EXCEPTION FOR THE SIX FOOT TALL FENCE IN THE FRONT.
THE APPLICANT IS GOING TO PUT A POOL IN EVENTUALLY, SO THEY'RE GONNA REQUEST EIGHT FEET HERE, WHICH IS ALLOWED BY CODE THREE IS THE, UH, THE EXISTING FENCE WITH THE STONE COLUMNS.
AND FIVE OR FOUR IS THE, UH, DRIVEWAY CLEAR VISION.
THIS IS THE SUBJECT PROPERTY AND THAT'S THE TEMPORARY FENCE.
STAFF RECOMMENDATION FOR THE FENCE.
MATERIAL VARIANCE STAFF RECOMMENDS DENIAL AND BO OA TWO SIX DASH 1 0 3 5 1 BASED ON THE FOLLOWING, FINDING OF FACT THE FENCE MATERIAL IS OUTTA CHARACTER FOR THE SURROUNDING AREA.
THE PROPERTY IS BUDDING SINGLE FAMILY DWELLINGS AND THE INDUSTRIAL LIKE FENCE MATERIAL WILL ADVERSELY IMPACT THE NEIGHBORHOOD'S LOOKING CHARACTER.
AND TWO, THE SPECIAL HEIGHT SPECIAL EXCEPTION STAFF, UH, RECOMMENDS DENIAL AND BO A TWO SIX DASH 1 0 3 0 0 0 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE FENCE HEIGHT IS OUTTA CHARACTER FOR THE SURROUNDING AREA AND THE FENCE HEIGHT WILL LEAD TO A LOSS OF SENSE OF COMMUNITY FOR THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR A CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL IN BO 8 2 6 DASH 1 0 3 5 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REDUCTION OF THE CLEAR VISION DISTANCE IS MINIMAL AND SIGHT LINES ARE MAINTAINED THERE, UH, EXIST ENOUGH CLEAR VISION ON BOTH SIDES OF THE DRIVEWAY FOR A DRIVER TO BE ABLE TO SEE TRAFFIC AND EXIT SAFELY.
THE NEXT DOOR NEIGHBOR WAS IN FAVOR OF ALL BUT NUMBER TWO.
AND, UH, WE GOT ZERO OPPOSITION.
BESIDES THE HALF APPROVAL FROM, UH, THE NEXT DOOR NEIGHBOR, THERE WERE NO VOICEMAILS AND THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
THIS CONCLUDES STAFF'S PRESENTATION.
SO THE APPLICANT COME FORWARD.
MY NAME'S EUGENE JOSEPH, THE OWNER OF 1 5 5 HOLLY STREET.
AND, UM, TRYING TO BUILD A FENCE.
I GOT TWO DOVER MENS, THEY JUMPED A SIX FOOT FENCE ALMOST ALREADY, AND UH, WE'RE DOING A INGROUND SWIMMING POOL.
SO I WANTED THE EIGHT AROUND THE BACK AND THE SIDES.
AND THEN OF COURSE, I KNOW THEY SAID I CAN ONLY DO SIX ON THE FRONT AREA OR SOMETHING LIKE THAT.
YEAH, IF YOU ARE GONNA HAVE A SWIMMING POOL, YOU CAN GO TO EIGHT FEET BY RIGHT.
ONLY ON THE SIDE AND THE REAR.
UH, SO THAT MEANS THAT YOU CAN'T GO PAST THE FRONT PLANE TO YOUR HOME.
UH, AND THEN, BUT, BUT AFTER THAT YOU CAN GO EIGHT FEET.
SO, SO WE WERE LOOKING AT THE CORRUGATED METAL ISSUE.
UH, IS THERE A REASON WHY YOU NEEDED CORRUGATED METAL AS OPPOSED TO, I'VE JUST LOOKING AT THE HOUSES THAT I'VE SEEN BEING BUILT ON OTHER SIDES OF TOWN, IT LOOKS REALLY NICE AND KIND OF WANT TO GO WITH THAT IDEA.
DOES YOUR CORRUGATED METAL HAVE A CAP? UH, WE HAVEN'T.
WE JUST PUT THOSE UP TEMPORARY 'CAUSE THE DOGS JUMPED THE FENCE.
UM, BUT AS SOON AS WE GET THE APPROVAL, WE GO AHEAD AND RIP THAT DOWN AND DO IT THE RIGHT WAY.
THEIR PROPOSED FENCE MATERIAL DOES HAVE A CAP ON THE TOP.
IT WOULD HAVE A WOOD, IT'S WOOD AND CORRUGATED METAL ALTERNATING.
ON, ON SOMEWHAT THE WAY WE WANT IT.
AND THE UH, UM, AND SO YOU'RE TRYING TO RUN THAT TALLER FENCE ALL THE WAY TO THE FRONT CORNER AND SO THERE'S THAT LITTLE AREA THAT CAN'T BE CORRECT.
AND WE HAVE TO WATCH THE DOGS WHEN THEY GO OUT BECAUSE THEY LIKE TO JUMP RIGHT THERE.
THAT FENCE IS ABOUT THIS TALL AND YEAH, THE DOBERMANS DO JUMP VERY HIGH.
AND, AND THIS IS, THIS IS, UH, THAT CORRUGATED METAL FENCE IS GOING TO GO UP TOWARDS THE SIDE.
THAT'S WHERE YOUR DRIVEWAY IS, CORRECT? CORRECT.
I GOT A DRIVEWAY ON BOTH SIDES.
THOSE ARE THE FENCE, THAT KIND OF SOMETHING ON WHAT I WANNA DO.
CAN, CAN WE SUBMIT THOSE AS EXHIBITS FOR TODAY'S PRESENTATION? YEAH.
IS IS, CAN I HAVE THEM? IT JUST WASN'T LOADING ON THE COMPUTER.
AND WE CAN REFERENCE THOSE AS PART OF THE YES SIR.
[02:55:01]
THE CAP AND EVERYTHING.UM, ANY OTHER QUESTIONS, MR. SO I'M TRYING TO UNDERSTAND, UM, I GUESS THE FENCING ITSELF, THE FRONT FENCING AND THEN NOW GOING DOWN THE SIDE.
SO I WAS ON, I GUESS THE ONE THAT SHOWS A TRUCK KIND OF IN FRONT.
AND YOU SEE THE OPEN, PRIMARILY OPEN FENCING THERE IN THE FRONT, UM, IN ONE OF THE PICTURES.
UM, SO, SO THE FRONT IS GONNA REMAIN PREDOMINANTLY OPEN FENCING THEN? IS THAT THE GOAL? IS THAT YES.
SO THE WHOLE FRONT WILL REMAIN WITH, WITH WHAT IS THAT WE SEE HERE? CORRECT.
AND THEN, AND SO A QUESTION I WOULD ASK IS, COULD YOU RUN ANOTHER SET OF FENCING AT THE FRONT FACADE OF THE HOUSE TO PUSH YOUR DOGS TO THE BACK PART OF THE PROPERTY AND NOT BE IN THAT FRONT PART OR BE MANAGED IN FRONT PART SO THAT WAY THAT FENCE ON THE SIDE ISN'T SIX FOOT ALL THE WAY TO THE FRONT.
DOES THAT MAKE SENSE WHAT I'M ASKING? YY YES, BUT I HAVE A TRUCK AND TRAILER THAT I BACK IN EVERY DAY.
UM, I THOUGHT ABOUT THAT, BUT IT, IT WOULDN'T FIT.
I'D HAVE TO KEEP DISCONNECTING IT EVERY DAY.
SO, SO THE SIX FOOT FENCE IS REQUIRED BECAUSE YOU HAVE A DOG AND YOU BACK YOUR TRAILER INTO YOUR DRIVEWAY EACH DAY? IS THAT WHAT I'M HEARING? NOT NOT, NOT AS SPECIFICALLY REQUIRED, BUT SOMETHING I'D LIKE.
SO I GUESS, UM, COMING FORWARD, I, I, YOU KNOW, SO I GUESS THE QUESTION HERE IS COULD YOU HAVE PREDOMINANTLY OPEN FENCING, UM, ALONG THE FRONT VERSUS A SOLID FENCING WHERE, YOU KNOW, AND SO, SO RUN YOUR, RUN THE, UH, PROBABLY OPEN ALL THE WAY DOWN TO THE FRONT.
I MEAN, THE DOGS WON'T FIT THROUGH.
SO THEN ITEM NUMBER TWO, UH, ON THE VARIANCE WOULD BE A, A THREE FOOT THAT COULD BE CHANGED TO, UH, WELL, A THREE FOOT SPECIAL EXCEPTION TO ALLOW A SIX FOOT TALL, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
AND THEN THE FIRST ONE, IF, IF WE WOULD JUST, IT WOULD BE A REQUEST FOR CORRUGATED METAL IN THE SIDE AND REAR YARD.
AND THEN ITEM NUMBER THREE WOULD BE THE, UM, IS REALLY JUST FOR THE STONE COLUMNS? YES.
I THINK THAT MAKES, THAT MAKES SENSE.
UH, ANY COMMISSIONER QUESTIONS? NO.
SO I JUST ALSO WANTED TO, ITEM NUMBER TWO, IT WOULDN'T BE A THREE FOOT SPECIAL EXCEPTION.
IT WOULD BE STILL LIKE A OH ONE FOOT, ONE FOOT SPECIAL EXCEPTION.
BECAUSE HE WOULD BE PERMITTED FIVE FEET PREDOMINANTLY OPEN.
NOW ON ITEM NUMBER THREE, HE'S ASKING FOR THE VARIANCE TO GO TO A SIX FOOT STONE COLUMN.
IS IT YOUR INTENT TO PUT A STONE COLUMN ON THE SIDES IF YOU WERE TO DO THAT? OR, OR, UM, I, I CAN, WELL, BUT I, I DIDN'T WANT TO, I WAS, I COULD JUST DO IT ON WROUGHT IRON, BUT IF YOU DO IT ON WR IRON, IT, IT CAN EXCEED FIVE FEET.
SO LIKE, SO YOU HAVE A VARIANCE WHERE YOU HAVE WR IRON, BUT WE'RE REALLY CONCENTRATING ON THE STONE COLUMNS, WHICH EXCEED FIVE FEET.
THAT'S REALLY THE PREMISE OF, OF WHAT WE'RE, YEAH.
THE STONE COLUMNS WHEN WE MEASURED THEY, THERE WERE SIX.
YEAH, THEY'RE PROBABLY ABOUT SIX.
SO ON THE SIDE, I'M JUST WONDERING FOR CONTINUITY, IF YOU INTENT WAS TO DO A STONE COLUMN? NO, NO.
YOU WOULD JUST, YOU WOULD JUST USE A REGULAR POST AND JUST PUT RED IRON, CORRECT.
AND JUST FOR, JUST FOR CLARIFICATION, WITHOUT THE STONE COLUMN, IT WOULD NOT, UH, BOTHER.
WELL, THE GATE TROUBLE, WELL IT WON'T MESS UP FOR THE CLEAR VISION 'CAUSE THAT COLUMN THERE IN THE CORNER WOULD, YEAH, WELL THAT'S WHY HE'S ASKING FOR A VARIANCE ON THE CLEAR VISION.
IT WOULDN'T MATTER IF IT'S, UH, REGULAR WROUGHT IRON OR THE STONE.
IT STILL NEEDS THE CLEAR VISION.
ANY OTHER COMMISSIONER QUESTIONS OR COMMENTS? AND DO YOU ANYONE SIMON, TO SPEAK ON THIS ISSUE? NO.
ALRIGHT, WELL THEN IT LOOKS LIKE I THINK WE HAVE WHAT WE NEED.
UH, WE'RE LOOKING FOR A BRAVE COMMISSIONER TO TACKLE THIS ONE.
SO REGARDING CASE, UH, BO 8 2 6 1 0 3 0 0 0 5 0.
MOVED TO THE BOARD ADJUSTMENT GRANT A REQUEST FOR ONE, A THREE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT.
UH, TO ALLOW A SIX FOOT TALL PRIVACY FENCE THAT IS PREDOMINANTLY OPEN, UH, IN THE FRONT YARD, LIMITED, UM, IN THE FRONT YARD.
[03:00:01]
TWO, A TWO FOOT SPECIAL EXCEPTION OR ONE FOOT SPECIAL EXCEPTION TO ALLOW A WROUGHT IRON PREDOMINANTLY OPEN FENCE WITH SIX FOOT STONE COLUMNS ALONG THE FRONT PROPERTY LINE SITUATED AT 1 5 5 HOLLY STREET.APPLICANT BEING, UH, AB GARCIA.
UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT, THE PROVISIONS OF THE EDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A THE SPECIAL EXCEPTION WILL NOT WILL BE, WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE REQUEST WOULD PROVIDE ULTRA SECURITY AND PRIVACY AND IS IN CHARACTER, UH, OF THE SURROUNDING AREA.
THE PROPOSED SIX FOOT TALL COLUMNS WITH PRIMARILY OPEN FACED WROUGHT IRON FENCE IS WITHIN CHARACTER OF THE SURROUNDING AREA.
B, THE PUBLIC WELFARE AND CON, UH, CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE SPECIAL EXCEPTION WILL NOT HARM THE PUBLIC WELFARE AND THE SIGHT LINES TO THE HOUSE WILL BE MAINTAINED FROM THE FRONT OF THE HOUSE.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED SPECIAL EXCEPTION AS THE HEIGHT INCREASE IS MODEST AND WILL NOT BLOCK THE VIEW OF THE HOUSE FROM THE STREET.
UH, D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE REQUEST WILL NOT BE OUTTA CHARACTER FOR THE SURROUNDING AREA AS THERE ARE FRONT YARD FENCES ON MANY HOMES UP AND DOWN THE STREET.
THE PROPOSED INCREASE OF THE SIDE FENCE IS MODEST AND NOT A TOTAL DEPARTURE FROM THE AESTHETICS OF THE SURROUNDING AREA AND CHARACTER OF THE NEIGHBORHOOD.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATION HERE IN ESTABLISHED FOR THE SPECIAL DISTRICT.
THE GENERAL PURPOSE OF THE DISTRICT REGULATION IS PROTECT NEIGHBORHOOD CHARACTER, PROMOTE SAFETY, ENSURE CONSISTENT DEVELOPMENT PATTERNS, ALLOWING A MODEST INCREASE IN FENCE HEIGHT IN THIS UNIQUE LOCATION DOES NOT UNDERMINE THESE GOALS AS IS BASED ON SITE SPECIFIC CONDITIONS THAT DO NOT APPLY TO MOST LOTS AND OF MOTION.
SECOND, UH, JUST A REQUEST ON ON WHEN YOU, WHEN YOU READ THE FIRST ITEM, YOU, YOU PUT, YOU USE, I KNOW YOU SAID PREDOMINANTLY OPEN, BUT YOU ALSO SAID PRIVACY FENCE.
I WAS WONDERING IF YOU CAN REMOVE THE WORD PRIVACY.
OH, SO I REMOVED PRIVACY FENCING, LIKE YEAH, SO, SO PRIVACY PREDOMINANTLY OPEN FENCING, SO IN THE FRONT YARD.
SO, AND, AND, AND RE AND, AND I I DIDN'T RECALL IF WHEN YOU ON, ON THE SECOND ITEM, DID YOU SAY LIMITED TO THE WEST SIDE PROPERTY LINE OR DID YOU LEAVE THAT, WAS THAT INCLUDED? UM, I DID NOT LIMITED BECAUSE I THOUGHT BOTH SIDES WOULD BE DONE.
SO I, I DID NOT STATE ON THE WEST SIDE.
UH, ALSO COULD YOU REFERENCE THE SUBMITTALS THAT THE APPLICANT PROVIDED AS AN EXAMPLE? AND SO, OKAY.
AND SO, UH, TO BE, TO BE, I WAS GONNA SAY THOSE ARE EXAMPLES FOR THE OTHER ITEM YOU ARE JUST READING IN THE SPECIAL EXCEPTION.
SO WE'LL GET TO THAT WHEN SOMEBODY DOES THE VARIANCE FOR THE MATERIAL.
YEAH, FOR THE CORRUGATED ALL, SO COMMISSIONER MANO, WHAT DO YOU THINK? OKAY.
UM, SO YEAH, SO I THINK, UM, YOU KNOW, DRIVING DOWN, YOU KNOW, GOOGLE DRIVING DOWN THE STREET, I DO SEE OTHER CHAIN LINK FENCES THAT ARE AT NEAR THE SAME HEIGHT IF NOT THE SAME HEIGHT.
AND YOU KNOW, THERE'S A NICER FENCE THAN THOSE.
AND SO I THINK IT ACTUALLY IS A, A, AN UPGRADE FOR THE COMMUNITY AND MAYBE SOMETHING ELSE EVERYBODY ELSE WILL CONSIDER.
AND I, I THINK AS, AS IT WAS READ, IT'S, I I'M GONNA BE IN SUPPORT.
I MEAN THIS LOT IS A LITTLE BIT BIGGER THAN WHAT, WHAT MOST OF THE LOTS SEEM LIKE IN THE AREA.
SO I THINK THIS IS A NICE LOOK.
UM, ANYONE ELSE LIKE TO ADD HEARING NOTICE, HAVE ROLL CALL, VOTE ON THE FENCE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDING OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
11 ZERO IS HERE OF MOTION ON THE VARIANCE REGARDING THE CLEAR VISION AND THE CORRUGATED METAL.
AND SO I BELIEVE ON THIS ONE I JUST LEAVE OUT NUMBER ONE RIGHT.
AND SO I'M JUST GONNA READ IT WITH REGARDS TO NUMBER TWO.
UM, IS THAT CORRECT? TO, TO ACCOMPLISH WHAT WE'RE LEAVING THE PREDO OPEN FENCING, THE REAR YARD FENCING, THEY'RE STILL PROPOSING TO DO THAT CORRUGATED METAL AND WOOD COMBINATION, UM, WHICH IS NOT PERMITTED BY, RIGHT.
SO YOU WOULD STILL NEED TO AT LEAST READ THAT ONE AS IT PERTAINS JUST TO THE SIDE AND REAR YARD FENCING.
SO AND SO THE WAY THAT WE READ THE FIRST ONE BASICALLY SAYS THAT THEY CAN'T MOVE IT FORWARD TO THAT.
SO THEN I COULD READ IT EXACTLY AS IS THEN, CORRECT? CORRECT.
WE'LL HAVE TO, YOU HAVE TO REFERENCE A SIDE AND REAR YARD, RIGHT? WELL, THE PREVIOUS
[03:05:01]
ONE WAS READ AS A PREDOMINANTLY OPEN FENCE.THE, FOR THE FRONT SUBMITTED DESIGNS WERE SOLID.
JUST TO BE CLEAR, JUST SAY CORRUGATED MINE, UH, METAL FOR THE SIDE AND REAR FENCE AS PRESENTED IN, UM, BY APPLICANT OR NOT TO EXCEED THE FRONT PLANE OF THE HOUSE.
THAT WOULD BE ACCURATE AS WHAT A SIDE AND REAR YARD.
YEAH, SO, OKAY, SO REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 5 0, I MOVED TO THE BOARD ADJUSTMENT GRANT, A REQUEST FOR ONE, A FENCE MATERIAL VARIANCE TO ALLOW THE USE OF CORRUGATED METAL ALONG THE SIDE AND BACK, UH, OF THE PROPERTY.
UM, NOT TO, UM, UM, UM, MOVE FORWARD OF THE HOUSE, THE PLANE OF THE HOUSE, THE FRONT OF THE PLA, THE HOUSE, AND TWO, A FIVE FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY CLEAR VISION AREA TO ALLOW A 10 FOOT DRIVEWAY CLEAR VISION AREA SITUATED AT 1 5 5 HOLLY STREET.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN AN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE.
THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
AS CORRUGATED METAL FENCING PROVIDES A DURABLE MATERIAL THAT PROVIDES EXTRA SAFETY OR EXTRA SECURITY AND PROMOTES THE SAFETY OF THE PROPERTY IS NOT CONTRARY TO PUBLIC INTEREST.
UH, TWO, DUE TO SPECIAL CONDITIONS ARE LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE PROPERTY REQUIRES A MORE DURABLE FENCE FOR SECURITY AND TO PREVENT DOGS FROM CLIMBING.
STRICT ENFORCEMENTS ENFORCEMENT WOULD REQUIRE RELOCATING EXISTING STONE PILLARS, CREATING AN UNNECESSARY HARDSHIP, ESPECIALLY SINCE THE FENCE ALIGN WITH, UH, LET'S SEE, WORK.
UH, I GUESS THAT ONE DOESN'T REALLY APPLY WITH REGARDS TO THE SECOND POSITION BECAUSE IT, IT STOPS AT THE FRONT FACADE OF THE HOUSE.
SO, UM, THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE ALIGNS WITH THE ORDINANCE AS THE MATERIAL IS DURABLE AND NOT UNCOMMON IN THIS AREA.