* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:10] THE BOARD OF [Call to Order] ADJUSTMENTS HAS COME TO ORDER. PLEASE, PLEASE SILENCE ALL MOBILE DEVICES, CELL PHONES, PAGERS, OTHER ELECTRONIC DEVICES THAT COULD INTERRUPT THE MEETING. UH, THE BOARD OF ADJUSTMENTS. UH, PLEASE. MONICA, PLEASE CALL THE ROLL. MR. THIEL. PRESENT. DR. ELLI? PRESENT. MS. FISHER? PRESENT. MS. CRUZ? HERE. MR. ORIAN? HERE. MR. BRIT? HERE. MR. OZUNA. PRESENT. MR. NEFF? PRESENT. MR. MANNA? MR. BATTLE PRESENT? MR. MARTINEZ PRESENT. WE HAVE 10 RIGHT NOW. YES, SIR. WHAT WE CAN DO IS WE CAN START WITH A, A MEETING. PROCEDURES GO THROUGH THOSE WHEN WE START THE FIRST ITEM, IF HE HAVEN'T, HASN'T SHOWN UP YET, WE HAVE TWO ALTERNATES WHO CAN BE SEATED. OKAY. PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAGS. A THE UNITED STATES OUR PLEDGE. BEFORE WE PROCEED WITH TODAY'S CASES, I'D LIKE TO, UH, OFFER A FEW WORDS OF EXPLANATION AND THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ON THE TABLE JUST OUTSIDE THE BOARDROOM. THE CASES ARE LISTED BY NUMBER WITH A NAME AND OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING, UH, AND DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY AFFAIRS EVENTS. I ASK THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME, UH, AND I WILL READ THEM AT APPROPRIATE TIME. THE BOARD'S ROLES AND RESPONSIBILITIES, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND THE REGULATIONS GOVERNING THE CITY, CO ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN, IN DISPUTES OR, OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE, THE TEXAS LEGISLATURE AND SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL CODE OF GOVERNMENTS. UH, CHAPTER 35, THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DECISIONS OR DETERMINATIONS MADE BY THE ADMINISTRATIVE OFFICIAL OF THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY, THE DIRECTOR OF DEVELOP DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITH IN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES AND ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL. UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE BOARD DECISIONS AND APPEALS, 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. [00:05:01] THE APPLICANT OF THIS REP OR THIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL BE QUESTIONED BY MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER AFTER EVERYONE HAS BEEN HEARD IN THE CASE, IT WILL BE CLOSED AND MEMBERS OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE FOR ON THE MOTION IN ORDER FOR THE MOTION TO CARRY. IT REQUIRES A CONCERNING CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES, THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS ON THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE, THE REQUEST RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THE BOARD REGARDING A APPEAL FROM THE ADMINISTRATIVE OFFICIAL SPECIAL EXCEPTION OR VARIANCES ARE MADE TO THE DISTRICT COURTS OR COUNTY COURTS OF LAW. BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS TO THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS IN YOUR CASE. THAT'S GONNA GIVE A CONFIRMATION THAT ALL THE ACA APPLICANTS ARE PRESENT AND I DON'T HAVE A LIST. AH, HERE. IT'S ALRIGHT. CASE NUMBER D O A CASE, UH, 19 DASH 1 0 3 0 0 1 3 1 REQUESTED BY JUSTIN KIM FOR A VARIANCE FROM THE RESTRICTION CORRUGATED METAL AS FENCING. ARE YOU PRESENT? OKAY. NUMBER TWO, YOU JUST REFER TO THE CASE NUMBER AND THE STREET THAT WE, YOU DON'T HAVE TO READ THE WHOLE THING. OKAY. NUMBER TWO, BOARD CASE NUMBER 1 1 5. REQUEST BY DIANE FUENTES. CASE NUMBER THREE. UH, CASE NUMBER 1 3 9. RIGHT, MR. HERNANDEZ? CASE NUMBER FOUR. 1 54. ABRAHAM ES NUMBER FIVE. KOFFMAN AND K? YES. OKAY. CASE NUMBER SIX. JOSE RO. CASE NUMBER SEVEN, BARRINGTON PRICE NUMBER EIGHT, CONCEPTION CAMPOS HERE. NUMBER NINE, MENEZ MENENDEZ. CASE NUMBER 10. BILL CORRUPT. ALL RIGHT, NOW THAT WE HAVE ALL THE APPLICANTS HERE, LET'S GO AHEAD AND START WITH OUR FIRST CASE. ACTUALLY, I'M GONNA GO OVER THE PROCEDURES FIRST. OH, OKAY. AND THEN IF WE CAN NOTE FOR THE RECORD THAT, UH, MR. MANA, UH, WALKED IN AT ONE 10 ASKED BY ME. OKAY. VERY GOOD. ALL RIGHT. WELL, STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN EX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION. YOU WILL BE CALLED AN ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED, ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. YOU'LL HEAR THIS WHEN THERE ARE 30 SECONDS LEFT, YOU'LL HEAR ANOTHER BEEP AND WE WILL INFORM YOU THAT YOUR THREE MINUTES ARE UP. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. ALRIGHT, LET'S GO AHEAD AND, AND START OUR FIRST CASE BEFORE WE START. GO AHEAD SIR. WE HAVE A, FOR THE RECORD, I HAVE, OH, THAT'S LOUD FOR THE RECORD. I HAVE TO RECUSE MYSELF AT THE REQUEST OF THE CITY. UH, HENRY, COULD YOU PLEASE? OH, YOU ALREADY HAVE CHOSEN ONE. OKAY. [00:10:13] OKAY. GOOD AFTERNOON BOARD, UH, CASE [1. 19-9192 (Continued from 11/18/19) BOA-19-10300131: A request by JustinKim for a variance from the restriction of corrugated metal as a fencingmaterial to allow for its use as fencing, located at 1226 WyomingStreet. Staff recommends Denial. (Council District 2) (Rachel Smith,Planner (210) 207- 5407, rachel.smith@sanantonio.gov, DevelopmentServices Department)] BO O A 19 1 0 3 0 0 1 3 1. THIS CONTINUED FROM NOVEMBER 18TH, MEETING AT 1 12 26 WYOMING STREET. THE APPLICANT IS JUSTIN KIM. THE REQUEST IS, WE'RE JUST LOOKING AT NUMBER TWO TODAY. A VARIANCE FROM THE RESTRICTION OF CORRUGATED METAL AS A FENCING MATERIAL. THE ZONING IS RMM FOUR H O D. UH, THIS CASE WAS FIRST HEARD AT THE NOVEMBER 18TH MEETING WHERE THE SPECIAL EXCEPTION WAS APPROVED BY THE BOARD. THE SUBJECT PROPERTY IS CURRENTLY TWO BUILDINGS WITH THREE STORY DUPLEXES. THE PROPERTY FRONTS TOW WYOMING STREET, BUT BOTH BUILDINGS PHASED EAST TO THE SIDE PROPERTY LINE CREATING SPACES THAT FUNCTION AS REAR YARDS ALONG THE WEST SIDE OF THE BUILDING. THE APPLICANT CONSTRUCTED METAL ON THE SHORTER FRONT FENCE AS A LAST MINUTE ADDITION AND WAS UNAWARE THIS WAS A RESTRICTED MATERIAL. THE ADDITION OF THE MATERIAL CHANGED THE FENCE TO BE MORE THAN 70% SOLID WITH HEIGHT RANGING FROM THREE TO FOUR FEET. UPON VISIT TO THE SITE STAFF NOTED THAT THE METAL EDGES WERE VERY SHARP AND NOT PROTECTED, AND AT THE REQUEST OF, UM, AT THE LAST MEETING, THEY REQUESTED A CONTINUANCE TO, UM, ADDRESS A AMENDED SOME TYPE OF AMENDED DESIGN TO THEIR FENCING. UH, THIS IS THE SITE PLAN, AND ON THIS YOU CAN SEE, UH, THE METAL PORTION OF THE FENCE IS EXISTING ON THIS DASHED LINE HERE, AS WELL AS THIS DASH LINE HERE. AND THE REST OF THE RED SOLID FENCE HAS BEEN APPROVED AS A SPECIAL EXCEPTION. THE SUBJECT PROPERTY, SUBJECT PROPERTY ADJACENT PROPERTIES STAFF RECOMMENDS DENIAL OF THE VARIANCE IN BO O A 19 1 0 3 0 0 1 3 1 BASED ON THE FOLLOWING FINDINGS EFFECT, THE MATERIAL IS NOT USED WITH SAFETY IN MIND AND THE MATERIALS OUT OF CHARACTER WITH THE SURROUNDING COMMUNITY. WE MAILED 30 NOTICES, ZERO IN FAVOR OF ZERO IN OPPOSITION, AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. QUESTIONS, DO WE HAVE ANY QUESTIONS OF STAFF? MR. ORIAN? GO AHEAD. YES. UM, THE, THE FILE DOESN'T, I, I CAN'T FIND A MODIFIED OR AMENDED DESIGN. IS THERE ANYTHING SUBMITTED THAT'S DIFFERENT FROM THE PREVIOUS, UH, CASE? YES, AND THE APPLICANT HAS AN EXAMPLE WITH HIM AND HE'LL SPEAK TO THOSE CHANGES. OKAY. THANK YOU. MM-HMM. . ALRIGHT. ANY OF THE QUESTIONS TO STAFF TEAL, MR. TEAL? EVEN WITH THE AMENDED DESIGN STAFF, STILL RECOMMENDING DENIAL AT THIS POINT? YES. THANK YOU. ANYONE ELSE? AND BEING THE CASE, LET'S GO AHEAD AND BRING THE APPLICANT FORWARD. SCOTT CASSON, URBAN HOME CREATORS 2111 QUAIL RUNS SAN MARCUS, TEXAS. AUTHORIZED REPRESENTATIVE FOR JUSTIN KIM, WHO'S THE MAIN APPLICANT IN THIS CASE. UM, PLEASE COULD YOU, UM, ADDRESS THEM, FIX THAT MICROPHONE SO WE CAN PICK UP YOUR VOICE A LITTLE BIT BETTER? I CAN BARELY HEAR YOU. THANK YOU. IS THAT BETTER? OH, YES. EXCUSE ME. IS THAT BETTER? OKAY. UM, SO ON THE CONTINUANCE, WE HAD TWO, TWO ISSUES. THE FIRST ONE BEING SAFETY, UM, AND IT WAS BROUGHT UP SHARP, UNPROTECTED EDGES OF THE SHEET METAL, AS WELL AS A QUESTION OF WHETHER THE METAL COULD BE SECURED BETTER TO THE, UM, TO THE LUMBER, WHICH THE FENCE IS MADE OUT OF. AND I DID A MOCKUP SAMPLE, UH, WHERE WE ROLLED THE EDGES AND HAD THEM HEMMED. AND IT PROVIDES A, A ROUNDED EDGE ON THE TOP AND THE BOTTOM. AND ALSO INSTEAD OF ONE SCREW SECURING THE, THE METAL TO EACH UPRIGHT, WE HAVE THREE SCREWS, TOP CENTER AND, AND BOTTOM. AGAIN, FOR THE MOST PART, THAT METAL IS FAIRLY WELL PROTECTED BY THE WOOD ITSELF. SO, [00:15:21] ALL RIGHT. I GUESS, UH, THAT'S THE EXTENT OF WHAT YOUR ALTERATIONS WERE AS FAR AS THE ALTERATIONS. UH, THE SECOND POINT BEING THE CONTEXT OF THE NEIGHBORHOOD, AND I BROUGHT UP IN THE FIRST MEETING THAT THIS IS A TRANSITIONAL NEIGHBORHOOD. UM, AND WE NEED TO LOOK AT THE, WHAT THE NEXT A HUNDRED YEARS WILL BE. UH, THERE'S A LOT OF MODERN, MODERN DESIGNS GOING UP IN THAT NEIGHBORHOOD RIGHT NOW. THAT NEIGHBORHOOD BEING DENVER HEIGHTS, UH, BEEN A LOT OF PROGRESS IN THE LAST TWO YEARS, AND THERE'S GONNA BE A LOT MORE COMING. AND ALMOST 90% OF THE NEW BUILDS IN THAT AREA WILL BE OF A MODERN, UH, A MODERN DESIGN. AND THAT'S THE CONTEXT OF THE NEIGHBORHOOD IS HARD TO PIN DOWN AS FAR AS WHAT IT ACTUALLY IS AND WHERE IT'S ACTUALLY GOING. SO THE FENCE FITS IN WITH THE CONTEXT OF THE, THE PROJECT ITSELF. ALRIGHT. UH, DO WE HAVE ANY, UH, QUESTIONS FROM THE APPLICANT? FOR THE APPLICANT? ELLI DR. ELLI, GO AHEAD. CAN YOU EXPLAIN THE PROCESS THAT YOU'LL NEED TO GO THROUGH IN ORDER TO ROUND THE, OR TO FOLD OVER THOSE EDGES? UH, SPECIFICALLY IT'S, IT'S, UH, OPERATION THAT INVOLVES WHAT IS CALLED A PAN BREAK. UH, I WOULD HAVE THESE PANELS, UM, MANUFACTURED IN AUSTIN, UH, FOR A SHEET METAL MANUFACTURER THAT I'VE USED FOR, FOR 12 YEARS NOW. AND BASICALLY IT, IT'S TWO HEAVY STEEL PLATES AND THEY PUT THE METAL IN AND IT FOLDS AT 90 DEGREES AND THEY FOLD AT 90 MORE AND IT BRINGS IT FLAT. IT'S CALLED A, A HEM. UH, AND IT DOES LEAVE A ROUNDED, A ROUNDED EDGE AT THE TOP. SO ANY OTHER TYPE OF, I LOOKED AT, UH, METAL AS WELL AS PLASTIC GUARDS THAT WE COULD SLIP ON THERE, UH, AS A QUICK, EASY FIX, BUT I DIDN'T FEEL THEY WERE GONNA BE A PERMANENT SOLUTION AND THERE WAS NO WAY TO REALLY SECURE 'EM PROPERLY WHERE THEY, YOU KNOW, IN THE LONG TERM. UH, BUT THIS IS A PERMANENT, A PERMANENT SOLUTION TO, TO HEM THE EDGES. YOU HAVE TO REMOVE WHAT'S THERE, DO THIS TO ANOTHER PIECE OF METAL AND THEN ADHERE OR AFFIX THAT TO THE FENCE. EITHER THAT OR WE'LL REMOVE THE, THE EXISTING INHABIT HEMMED. UM, EITHER WAY. UM, YOU KNOW, LIKE I SAY, OUR, OUR, OUR GOAL IS TO MAINTAIN THE, THE CHARACTER OF THE, THE WHOLE PROJECT BEING A MODERN, A MODERN DESIGN. OKAY. THANK YOU. ALRIGHT, ORIAN. ORIAN, GO AHEAD. SO THE, THE, THE ROLLED METAL, THAT'S, THAT'S AN IMPROVEMENT. UH, WHAT ABOUT THE, THE OUTSIDE EDGE? THAT'S, IS THAT ALSO GOING TO BE ROLLED? THAT BUTTS UP? IF, IF RACHEL CAN BRING UP THE PICTURE THAT ACTUALLY BUTTS UP FLUSH INTO THE, THE FOUR BY FOUR POST ON EACH SIDE. AND AGAIN, YOU BROUGHT UP ON THE FIRST MEETING THAT WE DID JUST HAVE ONE SCREW WITH THREE SCREWS. THERE'S NO WAY TO ACCESS THAT. YOU STILL, YOU'LL STILL HAVE ONE SCREW THERE? NO, YOU HAVE THREE? NO, THREE PER THE MOCKUP. AND THEN, UH, WHAT THIS IS A STAINLESS STEEL? UH, YEAH, IT'S ALUMINUM. IT'S ALUMINUM, YEAH. IT'S NOT STAINLESS STEEL. IT'S AN ALUMINUM. OKAY. THANK YOU. AND MANNA, MANNA, GO AHEAD. SO, SO AS FAR IT, IT, IT ABOUT PROBABLY WAS TALKED ABOUT LAST TIME. UH, CAN YOU REMIND ME WHY IT IS THAT, UH, WE'RE GOING WITH THE SOLID FENCING? UH, IS THERE ANYTHING BESIDES AESTHETICS, UH, WHY IT IS THAT IT'S A SOLID FENCING? UM, AS FAR AS A 70% OPEN FENCE, YOU'RE, I MEAN, I DON'T, I DON'T UNDERSTAND THE POINT OF THAT. UM, YOU'RE ALMOST LOOKING AT, UH, CHAIN LINK FENCING BEING 80% OPEN, UH, WHICH THE EAST SIDE HAS ENOUGH CHAIN LINK FENCING TO GO AROUND FOR YEARS. UH, BUT NO, THIS IS, THIS IS, UH, JUST A MODERN DETAIL AGAIN TO FIT IN WITH THE CONTEXT OF THE, THE DESIGN OF THE ACTUAL UNITS THEMSELVES. THANK YOU. I HAVE A QUESTION FOR YOU HERE. UM, OBVIOUSLY THIS IS A BASKET WE USE OF SOME SORT USING AND, UH, THAT [00:20:01] DOES NOT APPEAR TO BE ALUMINUM THAT APPEARS TO BE, UH, GALVANIZED STEEL. AND UH, THE SAMPLE THAT YOU PASSED TO US WAS GALVANIZED STEEL. UH, HOW DID, NOW THAT WITH THE, WITH THE CURVED CORNERS OR, OR UH, UH, OR BENT CORNERS, HOW DO YOU, AN HOW FAR APART ARE THESE SUPPORTS THAT ARE COMING UP BETWEEN THESE BASKET WEAVE AREAS? UH, EACH PANEL, EACH FULL PANEL'S APPROXIMATELY FIVE FEET. UH, SO YOU'RE LOOKING AT ABOUT 14 INCHES, ABOUT 14 INCH. AND YOU ANTICIPATE THAT THAT METAL IS GONNA TAKE THAT BEND WITH A, WITH A CURVED EDGE LIKE THAT WITHOUT DEFORMING THE METAL. YOU'RE OBVIOUSLY GOING FROM ONE SIDE OF THE FENCE TO THE OTHER. RIGHT. AND IT'S, YOU'RE TALKING ABOUT AN INCH AND A HALF VARIANCE OF THE UPRIGHTS THAT IT WEAVES THROUGH ARE INCH AND A HALF. AND IN YOUR SAMPLE YOU DID, YOU SHOWED NOTHING ABOUT THE EDGING, THE EX ENDS OF THE METAL. HOW ARE YOU GONNA PROTECT THEM, THOSE EDGES? WELL, I JUST COVERED IT BUTTS UP INTO THE, THE FOUR BY FOUR POST, AND THAT'S SECURED WITH THREE, THREE SCREWS. THE, THE MIC'S NOT PICKING UP YOUR VOICE, SIR. OKAY. YOU'RE, YOU'RE, UM, YOU'RE GONNA BE ATTACHING THREE SCREWS ON THE INSIDE OR OUTSIDE, DEPENDING ON WHERE IT ENDS TO HOLD IT AGAINST THE METAL THERE. AND WHAT ABOUT THE ROUGH EDGE EXPOSED? YOU LOOK AT THE PICTURE, EACH PANEL HAS A FOUR BY FOUR POST ON EACH SIDE. THE METAL IS ACTUALLY SECURED TO WHAT WE CALL TWO BY TWOS INCH AND A HALF BY INCH AND A HALF SQUARE. UM, SO THE METAL IS ACTUALLY SECURED TO THE TWO BY TWOS AND THE EDGE OF THE METAL BUTTS INTO THE FOUR BY FOUR POST, AND THAT'S APPROXIMATELY THREE QUARTERS OF AN INCH FROM THE FACE OF THE POST. THERE'S NO WAY TO, TO REALLY ACCESS THAT. OKAY. AND THIS IS NOT, UH, VIOLATING ANY LINE OF SIGHT? NO, IT'S NOT. ALRIGHT, THANK YOU. ORIAN. ORIAN, GO AHEAD. UH, SO A QUESTION FOR STAFF. UM, THE, THE APPLICANT HAS STATED IN, UH, THAT HE'S USING ALUMINUM. UH, BUT THE, BUT AS THE CHAIR'S POINTED OUT, THE SAMPLE THAT IS BEING, UH, PASSED AROUND MAY NOT BE ALUMINUM. UH, WHAT, WHAT EXACTLY IS, IS IF WE WERE TO VOTE TO APPROVE TODAY, WOULD HE, WHAT MATERIAL WOULD HE BE REQUIRED TO INSTALL? WHAT'S IN THE SAMPLE OR WHAT HE'S STATING? WELL, IT'S WHAT'S STATED FOR THE RECORD. WHAT'S THE TESTIMONY THAT'S PROVIDED TO THE BOARD? IT WOULD BE ALUMINUM. IF THAT'S WHAT HE'S STATING FOR THE RECORD, THEN THAT'S WHAT, UM, IT THE BOARD IS CONSIDERING TODAY. OKAY. SO SIR, ARE YOU STATING THAT YOU'RE GONNA USE, UM, ALUMINUM AS OPPOSED TO THE MATERIAL IN THE SAMPLE YOU CAN USE? GALVANIZED THE MATERIAL ON THE FENCE, UH, IS A VERY LIGHTWEIGHT, UH, ROLL FLASHING. THEY ALSO MAKE ROLL FLASHING OUT OF GALVANIZED, UH, WELL, I MEAN, WHICH ONE IS IT? WHICH WERE WE CONSIDERING? IN OTHER WORDS, YOUR SAMPLE THAT YOU BOUNCED AROUND WAS DEFINITELY GALVANIZED STEEL. YOUR STATEMENT IS STIPULATING ALUMINUM COIL. COIL. OKAY. WE'LL CALL IT, I'LL, I'LL STIPULATE THAT IT'S GALVANIZED STEEL. THAT'S WHAT YOU'RE SUGGESTING. RIGHT. AND JUST FOR THE RECORD, FOR PUBLICATION, WE DO NOTIFY FOR METAL FENCING, SO IT COVERS EACH OF 'EM. SO WE'RE COVERED EITHER WAY FOR PUBLICATION. I UNDERSTAND. IN OTHER WORDS. IN OTHER WORDS, WHAT DO YOU SAY STATING METAL. METAL CAN BE A NUMBER OF DIFFERENT THINGS JUST INCLUDING GOLD, BUT I DOUBT IT'S GONNA BE GOLD. . THE, I THE IDEA IS, IS NOT AT THIS PRICE POINT. NO. NOW, WHY DOES IT NEED TO COVER SO MUCH AREA? IN OTHER WORDS, YOU'RE ASKING FOR A FENCE, I'M ASSUMING THIS IS ADJACENT TO THE PROPERTY LINE, CORRECT? THIS ADJACENT TO THE PROPERTY LINE, THIS FENCE? YES. OKAY. NORMALLY WE, WE HAVE TO HAVE CERTAIN SPACING ON FENCING, UH, ADJACENT TO THE PROPERTY LINE. AND THIS IS OBVIOUSLY GONNA BE OVER THE, THE, UH, 70% OPEN VIEW. SO, UH, AS THAT BEEN COVERED, THAT, THAT'S MY ONLY CONCERN. THAT WAS COVERED AT THE LAST MEETING WHERE WE IDENTIFIED, UH, THE SPECIAL EXCEPTION FOR SOLID FENCING IN THE FRONT YARD. THAT ELLI, THAT SPECIAL EXCEPTION FOR THE FENCING IN [00:25:01] THE FRONT YARD, MADE SPECIFIC REFERENCE TO THAT WOOD FENCE. IT DID NOT MAKE REFERENCE TO THE FENCE THAT WE'RE CURRENTLY DISCUSSING. SO PREDOMINANTLY OPEN WOULD BE 70% OPEN. SO THIS WOULD BE CONSIDERED SOLID. MY UNDERSTANDING WAS AT OUR LAST MEETING, WE COVERED THAT ISSUE. YES, YES MA'AM. RIGHT. SO THE, SO WE ADVERTISED THE SOLID SCREEN TO COVER BOTH. THE ONLY PART THAT WAS UNIQUE ABOUT THIS ONE WAS THE CORRUGATED METAL. I REALLY THOUGHT WHEN WE READ THE MOTION FOR THE LAST ONE, THAT WE WERE VERY SPECIFIC THAT THE HEIGHT AND THE SOLID SCREEN CONCERNED THE FENCE, THAT FENCE THE WOODEN ONE AND ITS CURRENT LOCATION AS IT'S CURRENTLY DESIGNED. WE WERE, WE WERE PRETTY SPECIFIC ABOUT THAT ONE. I RECALL THAT THAT BEING A DIFFERENT CASE WHERE THERE WAS A SLIDING GATE THAT OPENED UP, UM, MR. ORIAN MADE A POINT TO CALL OUT THAT WE WOULD GO WITH EXACTLY WHAT WAS BUILT THAT WAY THEY WOULDN'T EXTEND THE FENCE EVEN FURTHER OUT. THAT FENCING WAS FOUR FEET IN FRONT OF THE FACADE OF THE HOME. THIS ONE, I DON'T RECALL US DOING THAT. THE WAY WE UNDERSTOOD THE MOTION WAS THAT THE HEIGHT WAS COVERED, UM, AND THE SOLID SCREEN WAS COVERED. BUT WHAT WASN'T COVERED, WHAT WAS CONTINUED SPECIFICALLY WAS THE USE OF THE MATERIAL FOR CORRUGATED METAL MANNA. I I SEEM TO RECALL THE CONVERSATION BEING AS DR. ZARO EARLY SAID. SO I, THAT'S NOT HOW I RECALL THE CONVERSATION EITHER. IT, AND THE REASON I RECALL THE CONVERSATION, THE WAY I JUST STATED WAS THAT WE HAD THE SECOND FENCE CLOSER TO THE STREET, AND IF WE HAD SIMPLY SAID HEIGHT AND SOLID SCREEN, WE WOULDN'T NEED TO BE HAVING THIS DISCUSSION. SO WE MADE IT VERY SPECIFIC THAT IT WAS HEIGHT, IT WAS RELATED. THE, THE, THE FIRST DECISION WE MADE, THE DECISION WE MADE LAST TIME HE WAS HERE RELATED SPECIFICALLY TO THE FENCE. CURRENTLY IN, ITS IN ITS CURRENT LOCATION THAT, THAT BACK FENCE, NOT THIS FRONT FENCE. SO WE DIDN'T ADDRESS THE SOLID SCREEN NATURE OF THIS FRONT FENCE, IF I MAY CLARIFY, UH, ITEM, UH, WHICH YOU'LL SEE UP ON THE SCREEN POINTS SPECIFICALLY TO THE PRI FENCE AND DOESN'T POINT TO THE, THE SHORTER FENCE AS YOU'RE SAYING. SO IN FRONT OF YOU TODAY IS THE, IS WHAT'S BEING REQUESTED IS THE USE OF CORRUGATED METAL IN ORDER TO HAVE A SOLID SCREEN FENCE. SO IT'S ALL INCLUSIVE OF THAT. YOU DON'T HAVE TO HAVE TWO SEPARATE MOTIONS TO SAY ONE SOLID SCREEN AND THEN ONE U USE OF CORRUGATED METAL. IT'S THE MATERIAL ENDS UP BEING PART OF THAT SOLID SCREEN. WASN'T DECIDED LAST TIME. THIS IS IN FRONT OF US THIS TIME I'M REVIEWING THE MINUTES JUST TO BE SURE. AND THAT WAY WE, I CAN, UM, VALIDATE THAT. AND THIS IS, THIS IS, UH, OBVIOUSLY A, A CONFUSION ISSUE HERE, WHICH I'M NOT PURVIEW TO SINCE I WAS NOT SITTING ON THE BOARD AT THAT TIME. SO I, I WOULD LIKE TO GET A CLARIFICATION FROM THE BOARD. I'D LIKE TO HAVE, UH, EACH ONE, EACH ONE OF YOU THAT BELIEVED THAT WE WERE, THAT THIS BOARD WAS APPROVING A SOLID FENCE FOR THE FRONT PROPERTY LINE. PLEASE RAISE YOUR HAND. UH, IT IS A SOLID FENCE. OKAY, THIS IS BACK, RIGHT? WE'RE TALKING ABOUT THE PROPERTY LINE. THE PROPERTY LINE. THE ONE WITH YES, THAT'S THE PROPERTY LINE. NO, IT DOESN'T, THAT'S, THAT'S WHY, BUT IT, IT'S SOLID AND IT WOULD BE A VIOLATION. OKAY. I JUST WANNA MAKE SURE EVERYONE UNDERSTANDS THAT WHAT YOU SAW BEFORE WAS YOU WERE VOTING FOR A SOLID FENCE ON THE PROPERTY LINE. IS THAT TRUE? SO WE VALIDATED WHAT THE MINUTES, SO THE MOTION WAS RELATED TO THE SIX FOOT SOLID SCREEN FENCE, THE WOOD FENCE. SO THAT'S WHAT THE TESTIMONY WAS, OR AT LEAST THAT'S WHAT THE MOTION LANGUAGE SAID. SO WHAT'S IN FRONT OF YOU TODAY IS FOR SOLID SCREEN USING MATERIAL OF CORRUGATED METAL. OKAY. OKAY. IN ESSENCE, WE'RE, WE'RE ONLY VOTING ON THE, THE FENCE THAT'S ADJACENT TO THE PROPERTY LINE, CORRECT? MM-HMM. . THAT'S RIGHT. I JUST WANTED TO MAKE SURE. 'CAUSE QUITE, QUITE FRANKLY, I FIND THAT BECAUSE THERE YOU MUST HAVE BEEN IN, INCLUDING IN THE PREVIOUS MOTION BECAUSE THE FENCE WAS IN FRONT OF THE PROPERTY THAT YOU WERE TALKING ABOUT A SOLID, [00:30:02] SOLID, UH, PRIVACY FENCE IN THE FRONT OF THE PROPERTY. IS THAT CORRECT? WHAT WAS THE QUESTION AGAIN, SIR? OKAY. THE, THE FENCE BEHIND THIS FENCE, WHICH IS IN THE FRONT YARD OF THE PROPERTY, THAT IS THE FENCE THAT WAS APPROVED, CORRECT? UP TO THE SIX FOOT? YES. THAT WAS, THAT WAS IN THE MOTION LANGUAGE. YES. SO NOW WE'RE REDRESSING ONLY THE FOREFOOT OR APPROXIMATE FOREFOOT, RIGHT. WHICH IS LESS THAN THAT SOLID, SOLID FENCE. MM-HMM. THAT IS CORRUGATED AND HAD NOTHING TO DO WITH THE PREVIOUS FENCE, WHICH DOES NOT HAVE ANY CORRUGATION. CORRECT. ALL RIGHT. I, I WOULD LIKE A CLARIFICATION AT THIS POINT. UM, I MEAN WE KEEP TALKING ABOUT A SOLID FENCE AND THE HEIGHT ISSUE. UH, HOW DOES THE CODE ACTUALLY READ? IS THAT UP TO THREE FEET CAN BE SOLID AND THEN ABOVE THAT? THAT'S CORRECT. SO WE'RE TALKING ABOUT THE TOP FOUR INCHES OF MY FENCE. UH, I DON'T HAVE THE DIAGRAM IN FRONT OF ME, BUT IT'S, IT'S IN ESSENCE WHAT IT SAYS IS THAT YOU CANNOT HAVE A RESTRICTED FENCE THAT BLOCKS MORE THAN 70% OF THE VIEW OF A, OF A FENCE ON THE PROPERTY LINE IN FRONT OF A PROPERTY. 70%. OKAY. UH, REGARD, UH, UNLESS IT'S SHORTER THAN THREE FEET, IS THAT CORRECT? CORRECT. A THREE FEET, THE CODE DOES GIVE US A SIX INCH, UM, ADMINISTRATIVE EXCEPTION IF IT GOES A LITTLE ABOVE THAT, BUT ONLY SIX INCHES, ANYTHING BEYOND THAT GOES TO THE BOARD OF ADJUSTMENT. SO THE ONLY EXCEPTION THAT WE'RE CON CONSIDERING THEN IS THE CORRUGATED METAL? THE METAL? THAT'S CORRECT. AND THAT APPLIES TO EVEN THE, THE OFFENSE ON THE SIDES THAT, UH, EXCEEDS THE FRONT OF THE HOUSE OR STRUCTURE? THAT IS CORRECT. MY POINT OF CLARIFICATION IS THIS IS REALLY FROM LAST TIME A SAFETY ISSUE TO MAKE SURE THAT THE METAL WAS PROTECTED SO THAT PEOPLE ON SCOOTERS, FOR EXAMPLE, WOULD NOT GET INJURED. THAT'S WHAT I RECALL FROM LAST TIME ALSO. IS THAT TRUE? OKAY. ONCE, ONCE THE THING, ONCE THE THING WAS TABLED OKAY. AND BROUGHT BACK, IT'S A WHOLE NEW CASE LOOKING AT IT FROM A WHOLE NEW CASE. WHAT WAS DISCUSSED IN THE PAST IS PAST, WE'RE LOOKING AT WHAT WE'RE LOOKING AT RIGHT NOW, WHICH HAS TO DO WITH THIS PARTICULAR FENCE. SO FORGET THAT OTH OTHER STUFF. OKAY. OKAY. WHAT WE'RE LOOKING AT IS, YOU CAN LOOK AT THIS PHOTO RIGHT HERE. I THINK EVERYBODY'S GOT THIS PHOTO IN FRONT OF US. YOU GOT THIS METAL THAT'S BEEN TWISTED AND, AND UH, WEAVED INTO THIS, UM, SORT OF BASKET SHAPE MM-HMM. , UH, IN FRONT. AND THE METAL IS, UH, I GUESS WAS OBJECTED TO BECAUSE OF THE SHARP EDGES THAT WERE EXPOSED. IS THAT CORRECT? YES. OKAY. SO WE'RE LOOKING AT THIS FROM A BRAND SMACKING NEW AREA. THIS PARTICULAR FENCE, UH, HE'S DEMONSTRATED THAT HE'S GOING TO, HE'S GOING TO BEND, UH, USING BREAKERS TO BEND THE METAL TO ELIMINATE THE UPPER AND LOWER SHARP AREA. MM-HMM. . OKAY. GOING TO NOTCH THE METAL INTO THE FENCE, IS THAT CORRECT? THE ENDS, YES. SO THAT THERE'S NO EXPOSED METAL ON THE END. UH, OKAY. AND SINCE THIS IS, UH, UNIQUE METAL FOR THIS PARTICULAR FASHION, NO ONE, I'VE NEVER SEEN ANYONE DO THIS HERE BEFORE. AUSTIN MAY BE A DIFFERENT STORY, BUT HERE IN SAN ANTONIO IT'S NOT AUTHORIZED. SO THE QUESTION REALLY IS, IS THAT WILL WE ALLOW THIS TYPE OF FENCING MATERIAL ON THE FRONT AND JUDGING BY THE FACT THAT NO OTHER FENCE ON IN THIS AREA HAS THIS TYPE OF DESIGN QUESTIONS AHEAD, THAT CORRUGATED METAL OF THE SAMPLE THAT YOU PROVIDED. OKAY, LET ME, LET ME GET A CLARIFICATION FOR YOU. ALTHOUGH METAL IS METAL, THE CODE ONLY DE DEFINES EVERYTHING AS CORRUGATED. ANY BEND, ANY SHAPE IS CALLED CORRUGATED, EVEN THOUGH YOU AND I BOTH KNOW THAT'S NOT CORRUGATED. OKAY. IT'S JUST THEY'RE TRYING TO USE A, A SPECIFIC TO, TO CO COVER A GENERAL AR AREA. SO THIS IS ACTUALLY, IN ALL HONESTY, THIS IS FLASHY. THIS IS NOT ACTUALLY FENCING THAT'S BEING USED. UH, SO, BUT IT'S USED AS A, AS A FENCE IN DESIGN. SO THE POINT WE'RE LOOKING AT IS DO WE WANT AN ADDITIONAL SOLID FENCE IN FRONT OF AN AN EXISTING SOLID FENCE, [00:35:01] WHICH IS BEHIND IT? AND DO WE WANT TO ALLOW THAT TO BE A PART OF, UH, METAL, METAL MATERIAL THAT IS GENERALLY NOT ALLOWED IN THE CITY OF SAN ANTONIO? AND THE OTHER THING WE'RE CONFIRMING RIGHT NOW IS, UM, THE, WHAT SAFETY PROCEDURES HE'LL HAVE TO USE. SO HE DOESN'T HAVE THE EXPOSED SHARP EDGES. IN OTHER WORDS, WHAT SORT OF FLASHING OR WHAT OR WHATEVER IT IS THAT WOULD BE REQUIRED TO COVER THOSE EDGES. SO IF, BECAUSE IF WE'RE NOT, IF WE'RE NOT ALLOWING THOSE SHARP EDGES, THEN IT'S GONNA HAVE TO BE MODIFIED TO MAKE IT SAFE. YES. SO, UH, WE HEARD THAT HE WAS GONNA HAVE, UH, IT, IT ROLLED ON THE EDGES TO, TO CREATE A SEAM THAT WOULDN'T BE SHARP. UH, HAS STAFF EVER SEEN THAT AS A METHOD? 'CAUSE, 'CAUSE FROM MY RECOLLECTION, WE'VE ONLY SEEN, UM, WOULD USE TO PROTECT THE EDGES OF, HAS STAFF SEEN THAT WAY OF DOING THIS IS THE FIRST TYPE OF FENCE WE'VE SEEN. SO I HAVEN'T SEEN THE ROLLED EDGES YET. OKAY, THANK YOU. ALRIGHT, ANY OTHER QUESTIONS? FISHER? UH, THIS IS FOR STAFF. HAS STAFF EXAMINED THE EXAMPLE THAT THE OWNER HAS, UH, GIVEN TO US AS THE INSPECTORS, CITY INSPECTORS. CITY INSPECTORS. SO YOU HAVEN'T, IT HASN'T BEEN APPROVED BY THE CITY, AND NORMALLY THEY WOULDN'T DO THAT UNTIL GOES TO THE BUILDING PERMIT PROCESS. OKAY. ALL, ALL WE'RE WAITING TO HEAR IS CAN HE USE CORRUGATED METAL? AND IF HE CAN USE CORRUGATED METAL, THEN THEY'LL GO THROUGH THE PERMIT PROCESS AND WE'LL TRIGGER AN INSPECTION TO BE SURE THAT IT'S SAFE. OKAY. THE QUESTIONS OF THE, EXCUSE ME? YEAH, THIS IS, UH, SO COULD WE EVEN VOTE ON SOMETHING LIKE THIS? YES. OKAY. YES MA'AM. ALL THE DECISIONS ARE MADE TO BRING IT BEFORE THE BOARD. THIS PARTICULAR CASE, IT'S IN THE BEST INTEREST OF A RESOLUTION TO BE MADE FOR THE CITY AND FOR THE STAFF. I'M, I'M STILL IN THE DARK ON THE THREE FOOT. UM, THE FIVE FOOT 70% OPEN AGAIN, ZEKE, IF, IF YOU'RE SAYING THAT A FENCE CAN BE THREE FEET TALL AND SOLID THAT'S CORRECT. IN THE FRONT YARD ABOVE, ABOVE THAT, IT HAS TO BE 70% OPEN. THAT'S CORRECT. BUT WE'RE CALLING THIS A SOLID FENCE. SO THAT WHAT I'M SAYING IS THAT FIRST THREE FEET CAN BE SOLID. WE'RE LOOKING AT THE TOP SIX INCHES OR SO OF THE FENCES IN PLACE. ACTUALLY, WE'RE NOT LOOKING AT THAT. WHAT WE'RE LOOKING AT IN THIS PARTICULAR REGARD IS THE FENCING MATERIAL THAT YOU'RE TALKING ABOUT USING, WHICH IS THE ALVIN BOARD METAL FENCING. IF WE'RE DONE TO THAT, THEN I'M FINE. YEAH, YOU COULD, YOU COULD EASILY REMOVE THE METAL FENCE AND GO WITH, WITH ANOTHER TYPE OF, UH, WITH WOOD THERE AND BE COMPLIANT. BUT THE, THE POINT BEING IS THAT IT'S THE METAL HAS TRIGGERED THIS NEED INVESTMENTS. THAT'S, AND THAT'S WHAT WE WERE TRYING TO DO IS ADDRESS THE SAFETY ISSUES. YEAH. AND THAT'S THE REASON WHY WE'RE SO SPECIFIC ABOUT THIS BECAUSE WE, I MEAN, NOT ALL OF US, BUT I HAVE SEEN SOME PRETTY TERRIBLE SITUATIONS WHERE PEOPLE HAVE LOST FINGERS BECAUSE OF METAL IN, IN BAD PLACES. AND I BROUGHT THAT UP IN, IN THE LAST MEETING THAT THE HOUSES DIRECTLY ACROSS THE STREET HAVE HAVE CHAIN LINK, WHICH IS, I UNDERSTAND THAT THAT WAS APPROVED LONG TIME BEFORE US AND WE CAN'T, WE CAN'T ADDRESS IT FROM THAT PERSPECTIVE. YES, I MEAN YOU CAN HURT YOURSELF WITH ANYTHING BUT . THE POINT IS, IS THIS IS IN THE CODE AND ONCE IT'S IN THE CODE, THEN WE HAVE TO ADDRESS IT. MM-HMM. , CHAINLINK FENCES ARE NOT A DISCUSSION IN THE CODE EXCEPT FOR HEIGHT. OH. ANYWAY. ANY MORE QUESTIONS FOR THIS APPLICANT? NONE. I HAVE A QUESTION. THIS IS ENGLERT. IF HE REMOVED THE METAL ALTOGETHER, WOULD THE FENCE BE ALLOWED TO STAY? YEAH, IT'D BE FINE. YES. WITH THE REMOVAL OF THE METAL, EVEN THEN IT WOULD BECOME A PREDOMINANTLY OPEN FENCE AT THAT POINT? WELL, YES. IN OTHER WORDS, THIS IS A STICKLER IS THE METAL OKAY. 'CAUSE THAT IS WHAT IS NOT APPROVED IN CITY CODE. WHO THE METAL FROM THE REQUEST, THEN IT BECOMES A STANDARD FENCE AND HE WILL DEFINITELY NOT EVEN NEED THE BOARD OF ADJUSTMENTS. [00:40:03] THAT'S CORRECT. QUESTION, UH, WOULD BE, UH, ALMOST A NO-LOSE SITUATION. SO I, I'M SORRY, I COULDN'T MAKE OUT WHAT YOU'RE SAYING. SAYING THAT BECAUSE REGARDLESS OF WHAT WE DECIDE, IF WE SAY NO TO METAL, HE CAN JUST PUT WOOD SLATS UP THERE AND HE COMPLIES. THAT'S CORRECT. SO HE IS NOT LOSING ANYTHING OTHER THAN A SHINY SURFACE THAT SO FAR HAS CAUSED YOU A LOT OF HEADACHE. BUT THE, UH, REALITY IS, IS THAT HE'S OBVIOUSLY USING A SECOND FENCE, UH, FOR SOME SORT OF PROTECTION ON THIS STRUCTURE, RIGHT? YES, THEY ARE. SO IF THERE'S NO MORE QUESTIONS FOR THE APPLICANT, REST IT THE BEST HE POSSIBLY CAN. THEN I'M GOING ARE THERE ANY WITNESSES IN THIS REGARD? NOBODY SIGNED UP TO SPEAK. ALL RIGHT, THEN I'M GONNA GO AHEAD AND CLOSE THIS. THANK YOU FOR YOUR EXPLANATION. IT MAKES A LOT OF SENSE TO ME, BUT I UNDERSTAND WHAT YOU'RE DEALING WITH. I CLOSE THIS TO THE, TO THE PUBLIC AND I'M GONNA RECOMMEND A MOTION BEING MADE BY THE BOARD CHAIR. I MAKE A MOTION. YES. SO REGARDING CASE NUMBER B O A 19 DASH TEN THREE ZERO ZERO ONE THREE ONE, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED A VARIANCE FROM THE RESTRICTION OF CORRUGATED METAL AS THE FENCING MATERIAL TO ALLOW FOR THE USE OF THE FENCING SITUATED AT 1 2 2 6 WYOMING STREET APPLICANT BEING JUSTIN KIM. BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THIS, OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE GOOD DESIGN AND MINIMAL USE OF THE METAL AS FENCE MATERIAL. THEREFORE, THE VARIANCE IS NOT CONTRACT TO PUBLIC INTEREST. I ALSO POINT TO THE FACT THAT, UH, THERE WAS NO OPPOSITION FROM THE SURROUNDING PROPERTY OWNERS OR FROM THE ASSOCIATION, WHICH HAD A CHANCE TO PROVIDE ANY COMMENT OR INPUT AT THAT POINT. SECOND, DUE TO THE SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. UH, LITERAL ENFORCEMENT WOULD REQUIRE THE BUILDER TO REMOVE A PORTION OF THE ALREADY CONSTRUCTED FENCE, WHICH IS AN UNNECESSARY HARDSHIP. UH, BY THIRD, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL 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. THE INTENT OF THE MATERIAL LIMITATION IS PROMOTE ATTRACTIVE DESIGN, WHICH IS OBSERVED WITH HIS FENCE. AND I WOULD ADD THAT THE APPLICANT WILL BE TAKING EXTRAORDINARY STEPS OF, UH, BREAKING OR PUTTING THE ROLLED EDGES TO, UH, TO, UH, MINIMIZE THE, UH, RISK OF INJURY, UH, TO ANYBODY, UH, AROUND OR CLIMBING THE FENCE. FOURTH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED TO THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. UH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIFTH, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT FOR WHICH THE PROPERTY IS LOCATED. THE METAL COMPLIMENTS THE DESIGN AND CONTRIBUTES TO THE CHARACTER OF THE DISTRICT. NO ADJACENT CONFORMING PROPERTY ARE INJURED IN THE USE OF THIS MATERIAL. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE MERELY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, ARE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT WHICH THE PROPERTY IS LOCATED. UH, THE UNIQUE CIRCUMSTANCE EXISTING HERE IS THE ORIENTATION OF THE BUILDINGS TO THE SIDE LOT AND DESIRE TO CREATE AN APPEALING FRONT YARD. IT IS NOT THE FAULT OF THE OWNER OF THE PROPERTY, NOR IS IT DUE TO ARE THE, ARE THE RESULT OF GENERAL CONDITIONS IN THE COMMUNITY IN WHICH, UH, IT IS LOCATED AND A MOTION. ALRIGHT, DO WE HAVE A SECOND? OKAY. THANK YOU. WE HAVE A MOTION AND A SECOND. WE NEED A DISCUSSION. I'M SUPPORTING THE MOTION. I THINK THE DESIGN IS, UH, IS, UH, INDICATIVE OF WHAT WE'RE SEEING AROUND THAT NEIGHBORHOOD. IT'S A TRANSITIONING NEIGHBORHOOD. UH, YOU'RE SEEING A LOT OF, UH, OF, UH, OF, UH, OF, UH, INVESTMENT INTO THAT NEIGHBORHOOD. AND I THINK THE DESIGN WILL ENCOURAGE THE CONTINUED INVESTMENT AND, UH, INCREASE, UH, VALUES IN THAT NEIGHBORHOOD. I, MR. TON, I'LL ADD THE FACT THAT HE HAS COME BACK BECAUSE OF OUR RELUCTANCE IN, IN DEALING WITH THE SHARP EDGES. AND HE'S COME, BROUGHT BACK WITH THE, AN EXAMPLE OF WHAT IT WILL APPEAR TO BE IN WHEN HE FINISHES UP THE ROUNDED EDGES, SATISFIES ONE OF THOSE REQUIREMENTS AND ADDITIONAL, UH, SCREWING, UH, WITH RESPECT TO, UH, UH, ADHERING THAT MATERIAL TO THE WOOD SEEMS TO BE SUFFICIENT. SO, UH, I SUGGEST THAT HE'S CAME BACK WITH [00:45:01] THE ISSUES THAT WE HAD A MONTH AGO. SO I'LL BE VOTING YES ON THIS. GEORGE, ARE YOU SUGGESTING THAT, UH, YOU'RE GOING TO BE AMENDING THE ORIGINAL MOTION? NO. 'CAUSE THE ORIGINAL MOTION DID NOT TAKE IN CONSIDERATION HIS ALTERATION. I WAS MAKING A COMMENT ABOUT HIS PRESENTATION. I UNDERSTAND THAT. I'M JUST TALKING ABOUT THE, ABOUT THE MOTION. MOTION WAS BASICALLY THE ORIGINAL MOTION THAT WAS MADE TWO WEEKS AGO. THEY COULDN'T INCLUDE SOMETHING THEY DID NOT SEE. DOES THAT MAKE SENSE? CHAIR? THE TESTIMONY THAT WAS PRESENTED WAS A COLD ROLLED OR THE EDGES OF THE, OF THE, UH, GALVANIZED STEEL, WHICH WAS PUBLIC TESTIMONY. WHICH WILL HE, HE WILL HAVE TO COMPLY WITH THAT. THE VARIANCE IS, IS PASSED. I DON'T UNDERSTAND THE QUESTION. IN OTHER WORDS, YOU READ THE MOTION THAT WAS WRITTEN TWO WEEKS AGO, WRITTEN A MOTION THAT WAS MADE TWO WEEKS AGO, DIDN'T INCLUDE THE ROLLED EDGES, BUT IT WAS PART OF THE PUBLIC TESTIMONY INCLUDED THAT IN MY TESTIMONY, AND THAT'S THE VARIANCE THAT HE SECONDED AND THEN THAT HAS TO BE INCLUDED. ALL RIGHT. THAT WAS INCLUDED. OKAY. ALL RIGHT. SO, UH, ANY OTHER DISCUSSION? ORIAN, UH, I, WHEN I HEARD THE MOTION READ, I DID HEAR, UH, ABOUT THE ROLLED EDGES. UH, I DIDN'T HEAR, UM, AS PART OF THE MOTION, UH, THE, THE USE OF GALVANIZED STEEL, WHICH IS IMPORTANT TO ME, UH, ONLY BECAUSE IT WOULD HELP WITH, UH, RUST PROTECTION. IS THAT SOMETHING THAT CAN BE INCLUDED? YES. A FRIENDLY AMENDMENT TO THE MOTION. I WILL ACCEPT THAT. THANK YOU. AND ANYONE ELSE? UH, THIS TERELLI. UM, I AM NOT GONNA BE IN SUPPORT OF THIS MOTION. HE STILL HAS TO REMOVE THE METAL IN ORDER TO CORRECT THE PROBLEM IF HE'S REMOVING THE METAL. ANYWAY, HE'S NOT MADE A VERY COMPELLING ARGUMENT EXCEPT THAT HE FEELS THAT IT ADDS TO THE DESIGN ELEMENT OF THE HOME. UM, BUT HE'S GONNA HAVE TO REMOVE IT ANYWAY AND HE CAN HAVE HIS SOLID FENCE AND HE CAN REPLACE IT WITH THE MATERIAL THAT WAS ALREADY APPROVED BY THE CITY AND NOT HAVE TO GO THROUGH THIS. UM, ALSO, WHILE THIS IS AN AREA THAT'S IN TRANSITION AND THERE ARE CHANGES HAPPENING IN THIS NEIGHBORHOOD, I'M NOT SEEING SHEET METAL. WE'VE NOT SEEN SHEET METAL LIKE THIS BEFORE. IT'S OUTTA CHARACTER WITH THE NEIGHBORHOOD AS A WHOLE. AND I WOULD LIKE TO SAY OUT OF, YOU KNOW, IF WE APPROVE THIS, WE ARE PUTTING IT IN THE CHARACTER OF THE NEIGHBORHOOD AND I'M NOT, NOT THERE YET. UM, AND I'M NOT, WELL, I'M NOT BEEN CONVINCED THAT THIS THERE'S ANY UNIQUE CIRCUMSTANCES SHORT OF, HE JUST FEELS IT'S AESTHETICALLY PLEASING AND, AND I'M NOT SATISFIED WITH THAT. SO I'M NOT GONNA BE IN SUPPORT OF THIS MOTION. MANNA, I CONCUR WITH DR. ZEL ELLI, SO I WILL ALSO NOT BE IN FAVOR OF THIS. WELL, ALL RIGHT, THEN LET'S GO AHEAD AND TAKE A VOTE. MR. OZUNA? YES, I CONCUR. MR. BRITTON? YES. MR. TEAL? YES. I CONCUR WITH THE FINDINGS OF FACT. DR. TERELLI. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. FISHER? YES, I CONCUR. MS. CRUZ. NO, I DO NOT CONCUR. MR. ORIAN? UH, YES, I CONCUR. MS. ENGLER? YES, I CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. BATTLE. I CONCUR MR. MARTINEZ. I DO NOT CONCUR THAT. A TOTAL OF 11. OKAY, SO THE MOTION FAILS BY THREE FOR ANY, UH, ANYBODY THAT WOULD LIKE TO MAKE A COUNTER OFFER OF THE PREVAILING SIDE AND BEING THE CASE. THE MOTION FAILS CASE [2. 19-9174 BOA-19-10300155: A request by Diana Fuentes for a special exceptionto allow a four-year renewal for a one-operator beauty shop in a singlefamily home located at 5931 Cliff Ridge. Staff recommends Approval.(Council District 6) (Rachel Smith, Planner (210) 207- 5407,rachel.smith@sanantonio.gov, Development Services Department)] CASE BO A 19 1 0 3 0 1 55 AT 59 31 CLIFF RIDGE. THE APPLICANT IS DIANA FUENTES. IT'S A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOUR YEAR RENEWAL FOR ONE OPERATOR BEAUTY SHOP IN A SINGLE FAMILY HOME. THE ZONING IS R SIX. THE APPLICANT HAS OPERATED THIS ONE OPERATOR BEAUTY SHOP SINCE 2004 AND IS SEEKING A FOUR YEAR RENEWAL. THE BEAUTY SHOP IS LOCATED IN THE CONVERTED GARAGE, [00:50:01] LESS THAN 25% OF THE LIVING SPACE OF THE PRIMARY STRUCTURE. HER HOURS ARE OPERATION. PLEASE, PLEASE NOTE, I'M SORRY, THAT, UH, MR. NEFF IS RETURNING AND, OKAY. ALL RIGHT, NOW YOU MAY CONTINUE. ALRIGHT. HER HOURS OF OPERATION ARE SUNDAY, WEDNESDAY AND THURSDAY 10 TO TWO AND MONDAY AND TUESDAY, TWO TO SEVEN. AND THIS IS THE SUBJECT PROPERTY ADJACENT PROPERTIES. NAF RECOMMENDS APPROVAL OF THE SPECIAL EXCEPTION IN BO O A 19 103 0 0 1 5 5. BASED ON THE FOLLOWING FINDINGS OF FACT, THE APPLICANT HAS COMPLIED WITH ALL REQUIREMENTS ESTABLISHED BY THE UNIFIED DEVELOPMENT CODE. THE GRANTING OF THE SPECIAL EXCEPTION WILL NOT INJURE THE PUBLIC SAFETY OR WELFARE OF THE SUBJECT OR NEIGHBORING PROPERTIES, AND THE HOURS OPERATION B WILL WILL BE LIMITED TO SUNDAY, WEDNESDAY, AND THURSDAY 10 TO TWO. AND MONDAY AND TUESDAY, TWO TO SEVEN. WE MAILED 40 NOTICES RECEIVED ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. ANY QUESTIONS? NO QUESTIONS. PLEASE BRING THE APPLICANT FORWARD. NO. FIRST OF ALL, I'D LIKE TO THANK YOU FOR THIS OPPORTUNITY. I HAVE BEEN IN BUSINESS FOR 15 YEARS. UM, THIS IN CHANGE HAS ALLOWED ME TO RAISE MY CHILD AS A SINGLE PARENT. UM, WHEN SHE OUTGREW DAYCARE, THIS IS WHEN I HAD TO MAKE THIS CHANGE BECAUSE I HAD A TEENAGER WHO, YOU KNOW, WAS AT HOME WITH LATE HOURS WORKING TILL NINE O'CLOCK AT NIGHT. UM, JUST WASN'T ABLE TO DO THAT. SO THIS IS HOW I DECIDED THAT ASK FOR THIS PERMIT. ALRIGHT. EXCUSE ME. UM, I'VE JUST BEEN NOTIFIED THAT, UH, DIANE, YOU NEED TO STATE YOUR NAME AND ADDRESS. OH, FOR THE RECORD. OKAY. JUST SO WE KNOW, HAVE OUR RECORDS COMPLETE. OKAY. DIANA FUENTES AT 59 31 CLIFF RIDGE. CAN YOU? OKAY. SO, UM, SINCE THEN, I'VE ALSO BEEN A ABLE TO TAKE CARE OF MY FATHER WHEN HE WAS SICK. UM, HAD THIS OPPORTUNITY, WOULD NOT HAVE BEEN ABLE TO DO THIS IF I WASN'T WORKING OUTTA THE HOME AND ABLE TO, UH, ARRANGE MY OWN SCHEDULE. NOW I HAVE A, A DAUGHTER WHO ALSO IS A SINGLE PARENT AND LIVES WITH ME, AND I'M HELPING HER TO RAISE MY GRANDCHILD, WHICH ALSO LIVES WITH ME. SO I'M JUST ASKING A RENEWAL. FOR FOUR YEARS, I HAVE BEEN, UM, FOLLOWING THE CITY POLICIES, THE STATE POLICIES, AND, UM, KEPT UP WITH WHAT THE HOME ASSOCIATION HAS ASKED OF ME AND HAVE HAD NO COMPLAINTS FROM ANY OF MY NEIGHBORS. THEY ALL ARE CLIENTS OF MINE, . SO, UM, JUST, THAT'S ALL I HAVE. UH, DO WE HAVE ANY, UM, QUESTIONS FOR THE APPLICANT FROM THE BOARD? UH, ORIAN ORIAN, UH, JUST OUTTA CURIOSITY, THIS IS IN THE EMERALD VALLEY NEIGHBORHOOD? YES. YEAH, THAT'S WHERE I GREW UP. THAT'S, I'M GLAD TO SEE YOU'RE DOING THIS. THANK YOU. ANYONE ELSE? DO WE, DO WE HAVE ANY WITNESS FOR THIS? NOBODY SIGNED UP. ALL RIGHT. WELL, THANK YOU VERY FOR YOUR TIME. AND I'M GONNA CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION. FIRST. THAT FIRST MARIA. MARIA, YOU WANNA GO AHEAD? MM-HMM. . OKAY. OKAY. UH, REGARDING CASE NUMBER BO 8 1 9 1 0 3 0 1 5 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED SPECIAL EXCEPTION TO ALLOW A FOUR YEAR RENEWAL FOR ONE OPERATOR, BEAUTY SHOP, AND A SINGLE FAMILY HOME. HOURS OF OPERATION WILL BE MONDAY AND TUESDAY FROM TWO TO SEVEN, WEDNESDAY, THURSDAY, AND SUNDAY FROM 10 TO TWO BY APPOINTMENT ONLY SITUATED 5 9 3 1 CLIFF RIDGE, APPLICANT BEING DIANA FUENTES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH, IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISION. SO THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE SPIRIT AND PURPOSE OF THE CHAPTER IS TO ENSURE THAT THE OPERATION OF A ONE OPERATOR BEAUTY SHOP DOES NOT NEGATIVELY IMPACT THE CHARACTER OF THE COMMUNITY OR THE QUALITY OF LIFE OF NEIGHBORS. THE APPLICANT HAS FULFILLED ALL REQUIREMENTS FOR A ONE OPERATOR SHOP AS ESTABLISHED IN THE U D C. THE BOARD FINDS THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER B. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE PUBLIC WELFARE AND CONVENIENCE WILL BE SERVED AS IT WILL PROVIDE A VALUABLE SERVICE TO THE RESIDENTS OF THE NEIGHBORHOOD. THE PROPOSED HOURS OF OPERATION WILL BE LIMITED TO MONDAY AND TUESDAY FROM TWO TO SEVEN AND WEDNESDAY, [00:55:01] THURSDAY AND SUNDAY FROM 10 TO TWO BY APPOINTMENT ONLY. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO NEGATIVELY IMPACT ADJACENT PROPERTY OWNERS BECAUSE THE HOME IS IN CHARACTER WITH THOSE AROUND IT. DURING FEW VISITS, STAFF NOTED NOTHING VISIBLE FROM THE STREET THAT IT WOULD INDICATE THE PRESENCE OF A BEAUTY SHOP. THERE IS ALSO A DRIVEWAY CAPABLE OF PROVIDING ANY NECESSARY PARKING FOR THE PROPOSED USE. 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. THEY'RE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS STILL USED PRIMARILY AS RESIDENTS. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PRIMARY USE OF THE DWELLING REMAINS RESIDENTIAL. THE ONE OPERATOR BEAUTY SHOP WILL HAVE RESTRICTED HOURS, WHICH ARE ESTABLISHED BY THE BOARD OF ADJUSTMENT. THE APPLICANT HAS MET ALL OTHER REQUIREMENTS ESTABLISHED BY THE U D C AND HAS NO COMPLAINTS FROM ANYONE, INCLUDING THE CITY AND THE STATE. AND A MOTION. SECOND, WE HAVE A MOTION AND A SECOND BY MR. ORIAN. UH, MARIA, WOULD YOU START THE DISCUSSION? UH, YES, SIR. SINCE, UM, THE LADY HAS BEEN IN BUSINESS FOR 15 YEARS AND IN A SMALL BUSINESS OWNER, WE, UH, REALLY, UH, COMMEND HER FOR THIS AND HOPEFULLY, UH, HER FOUR YEARS WILL BE ACCEPTED. THANK YOU. . YES, I'LL BE IN APPROVAL OF THIS AS WELL. I THINK THIS IS, UM, THIS IS GREAT FOR THE AREA. IT'S A MATTER OF CONVENIENCE FOR THE NEIGHBORS. THE HOURS ARE VERY LIMITED, SO, YOU KNOW, I THINK IT'S AWESOME. I'LL BE IN SUPPORT. RIGHT? ANYONE ELSE? UN BEING THE CASE. LET'S GO AHEAD AND TAKE THE VOTE. MONICA. MS. CRUZ? YES, I CONCUR. MR. ORIAN? YES, I CONCUR THE FINDINGS OF FACT. MR. TEAL. YES, I CONCUR. DR. ELLI, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER? YES, I CONCUR. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MR. NEFF. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. BATTLE. I CONCUR MR. MARTINEZ. I CONCUR WITH THE FINES OF FACT. WE HAVE A UNANIMOUS DECISION. YOUR, UH, PETITION FOR EXTENDED, UH, PERMIT, UH, CONTINUES. PLEASE GET WITH STAFF TO COMPLETE THE PAPERWORK. AND LET'S MOVE ON TO THE NEXT CASE. CASE. BO BOA [3. 19-9170 BOA-19-10300139: A request by Ralph Hernandez for 1) a 25’ variance from the 30’ rear setback requirement to allow a new detached building to be 5’ from the rear property line and 2) a 10’ variance from the 15’ Type C bufferyard requirement to allow a 5’ bufferyard along the rear property line, located at 738 W Hildebrand Ave. Staff recommends Approval. (Council District 1) (Rachel Smith, Planner (210) 207- 5407, rachel.smith@sanantonio.gov, Development Services Department)] 19 103 0 0 1 3 9 AT 7 38 WEST HILDEBRAND. THE APPLICANT IS RALPH HERNANDEZ. UH, THE REQUEST IS FOR ONE A 25 FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK REQUIREMENT TO ALLOW A NEW DETACHED BUILDING TO BE FIVE FEET FROM THE REAR PROPERTY LINE. AND TWO, A 10 FOOT VARIANCE FROM THE 15 FOOT TYPE C BUFFER REQUIREMENT TO ALLOW A FIVE FOOT BUFFER YARD ALONG THE REAR PROPERTY LINE, WHICH IS THE SOUTH PROPERTY LINE. THE ZONING IS C THREE N A S, UH, WHICH WAS RECENTLY APPROVED IN, UH, DECEMBER 6TH. THE APPLICANT HAS TWO STORAGE BUILDINGS ON THE PROPERTY THAT HE'S PROPOSING TO REPLACE WITH A PERMANENT STORAGE BUILDING AT THE REAR OF THE PROPERTY. THE SUBJECT PROPERTY WAS REZONED ON DECEMBER 6TH TO C THREE N A S, UH, TO ALLOW FOR A CONSTRUCTION CONTRACTOR FACILITY WITH A CONDITION THAT THE OUTDOOR STORAGE IS WITHIN A WALLED AND ROOF STRUCTURE. DURING THE REZONING PROCESS, STAFF IDENTIFIED THE SETBACK ENCROACHMENT ISSUES. THE APPLICANT STATES DUE TO THE REQUIRED TURNAROUND SPACE FOR THE EQUIPMENT, THERE'S NO OTHER LOCATION FOR THE BUILDING OTHER THAN TO ENCROACH INTO THE REAR SETBACK. THE PROPERTY CONSISTS OF TWO LOTS AND AS SUCH, THE APPLICANT WILL BE BUILDING THE PROPOSED STRUCTURE OVER THE LOT LINES WITH THE FIRE RATED WALL BETWEEN THE LOTS AND WILL NOT NEED TO REPL THE PROPERTY. DURING VISIT TO THE SITE, STAFF NOTICED THAT THERE WAS A METAL FENCE AND THERE WAS MISSING LANDSCAPE BUFFER ALONG THE SOUTH PROPERTY LINE. THE BUFFER YARD WAS ADDED TO THE REQUEST. AS A RESULT, THE BEACON HILL NEIGHBORHOOD CONSERVATION DISTRICT PROHIBITS THE USE OF METAL FOR FENCING AND THE APPLICANT WAS INFORMED OF THE NEED TO REMOVE THE METAL FENCING, THE SUBJECT, PROPERTY SUBJECT AND ADJACENT PROPERTIES AND [01:00:01] NEIGHBORING PROPERTIES. STAFF RECOMMENDS APPROVAL OF THE VARIANCES IN BO O A 19 103 0 0 1 3 9. BASED ON THE FOLLOWING FINDINGS, EFFECT THE LOT DEPTH IS NOT ADEQUATE TO PROVIDE SPACE FOR THE PROPOSED STORAGE BUILDING AND PROVIDE ENOUGH CIRCULATION. THE REQUESTED SETBACK PROVIDES ADEQUATE SPACE TO PREVENT STORM WATER RUNOFF, PREVENT FIRE SPRAY SPREAD AND ADDRESS LONG-TERM MAINTENANCE NEEDS. THE REQUESTED BUFFER IS ADEQUATE TO ADDRESS, UH, STORMWATER, UH, RUNOFF ISSUES. SCREEN THE PROPERTY AND PROVIDES A NOISE AND VISUAL BUFFER FOR ADJACENT RESIDENTIAL USES. WE MAILED 36 NOTICES RECEIVED ZERO IN FAVOR, ONE IN OPPOSITION. AND THE BEACON HILL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT WITH THE LETTER THAT IS IN THAT FILE AS WELL. ANY QUESTIONS? ALRIGHT, DO WE HAVE ANY QUESTIONS FOR STAFF? IAN ORIAN, GO AHEAD. SO ON THE AERIAL, IT, IT SHOWS THAT THERE'S SOME OFF STREET PARKING ON THE SIDE. I IS THE PROVISION OF THE STORAGE, UH, IN LIEU OF WHAT'S THERE NOW GOING TO, UH, REMOVE, UH, THIS OFF STREET PARKING THAT'S SHOWN? NO. NO. SO THE, ARE YOU REFERRING TO THE PARKING THAT'S RIGHT HERE? UH, A LITTLE LOWER ON THE AERIAL. IT SHOWS TWO CARS HEAD IN PARKED, NO, THAT WILL STAY. OKAY. AND THEN ALSO DID, DID YOU GUYS UH, COORDINATE WITH THE LANDSCAPE, UH, REVIEWERS JUST TO SEE IF THEY'RE OKAY WITH, UH, THE REDUCED BUFFERING? YES, AND THEY'RE IN SUPPORT OF IT. ALL RIGHT. THANK YOU. MM-HMM. , ADDITIONAL QUESTIONS FOR STAFF? NONE BEING THE CASE. LET'S BRING THE APPLICANT FORWARD. GOOD AFTERNOON. MY NAME IS RALPH FERNANDEZ. I'M THE OWNER OF 7 38 WEST, SORRY, VENTURE CASE. UM, I'VE BEEN IN THIS BUILDING AND IN THE DRYWALL BUSINESS FOR THE LAST 20 YEARS. AND, UH, DUE TO A STORM A FEW MONTHS BACK, THE UH, CARPORT, THE METAL CARPORT BLEW OFF. AND, UH, APPARENTLY THERE WERE A FEW NEIGHBORS WHO, UH, UM, I GUESS FIGURED THAT I COULDN'T HAVE STORAGE IN THE BACK, WHICH I NEVER KNEW. UM, AND SO THAT WAS BROUGHT TO MY ATTENTION. SO THAT'S WHY I WENT THROUGH THE ZONING, GOT THAT ALL STRAIGHTENED UP, AND, UH, THE ONLY, UH, THING I HAD TO DO WAS BUILD THE BUILDING IN THE BACK. AND THAT'S WHAT I PLAN ON DOING. SO I'M GONNA REMOVE THE SHED THAT'S THERE NOW. UH, I HAVE TO MOVE THE CORRUGATED FENCING, UM, AND, AND PUT THE BUILDING WHERE THOSE TWO ARE AT RIGHT NOW. CHAIR, I HAVE A QUICK QUESTION. MR. CHAIR, AGREE WITH YOUR PRESENTATION? I AM. ALRIGHT, MR. FERNANDEZ, YOU SAW WHERE THERE WAS OPPOSITION FROM THE NEIGHBOR DIRECTLY BEHIND YOU. HAVE YOU CONTACTED OR HAD ANY CONVERSATION WITH HIM AND DO YOU KNOW WHAT HIS ISSUE IS WITH THE PROPOSED? UH, ACTUALLY, UM, A FRIEND OF MINE AND HE CAME OVER A FEW DAYS AGO AND, UH, BROUGHT THIS, OF COURSE HE RECEIVED A PAPER AND HE BROUGHT IT TO ME AND HE ASKED, WHAT'S THE PROBLEM? AND I SAID, YOU KNOW, I EXPLAINED TO HIM. HE GOES, OH, OKAY. I DON'T WANNA HAVE ANYTHING TO DO WITH THAT. SO I DON'T, I DON'T KNOW WHY MAY, MAYBE, MAYBE THEY GOT THE WRONG ADDRESS OR THE WRONG GENTLEMAN, BUT, SO AS FAR AS YOU KNOW, THERE'S NO NOTHING. THANK YOU. NOW, WHEN IT WAS IN THE ZONING PROCESS, I'LL BE HONEST WITH YOU, THERE IS A LADY WHO I HAVEN'T MET NEXT TO HIM WHO WAS AN OPPOSED FOR THE ZONING. SO I DON'T MAY, MAYBE THE ADDRESSES WERE MIXED UP OR SOMETHING. I SEE, OKAY. BUT THAT'S NOT THE CASE IN FRONT OF US TODAY. THANKS. OKAY. AND ANY ADDITIONAL QUESTIONS FOR THE APPLICANT? MANAM, GO AHEAD. SO, SO, UM, YOU WORKED WITH, I GUESS THE TERRELL HILLS COMMUNITY, UH, NO. OR, OR I'M SORRY, THE, UH, BEACON HILL. BEACON HILL, SORRY. AND SO DID THEY HAVE ANY SUGGESTIONS, UH, THAT THEY WERE, YOU WORKED WITH THEM ON OR, OR ANYTHING THAT KIND OF WENT THROUGH? AND SO HOW DID, HOW WELL DID YOU WORK WITH THEM AND WHAT, WHAT KIND OF, UH, I ATTENDED SEVERAL MEETINGS, UH, ONE OF, UH, HUD MEETING AND UH, THEY AGREED THAT AS LONG AS I BUILT THE STRUCTURE, UH, COVERED WITH GARAGE DOORS AND ALL THAT, IT WOULD BE FINE. UH, I HAVEN'T PUT TOGETHER ANY PLANS YET 'CAUSE I WANTED TO MAKE SURE EVERYTHING WAS, BUT YEAH. THANK YOU. ORIAN. HI MR. ORIAN. GO AHEAD. SO WHEN THE FILE WAS A LETTER FROM THE NEIGHBORHOOD ASSOCIATION AND IT APPEARS TO BE DATED YESTERDAY, UH, AND THEY SAID IT IN EXCHANGE FOR, UH, YOU BUILDING THIS AND [01:05:01] GETTING RID OF THE CARPORT AND PUTTING IN THIS CUPBOARD, LIKE YOU HAD JUST MENTIONED, UM, UH, STRUCTURE THAT THEY WOULD BE IN SUPPORT. IS THAT, DID ALL THIS HAPPEN OVER THE WEEKEND? UH, NO. FROM WHAT I UNDERSTAND, THE, FROM WHAT I UNDERSTAND, THE SUPPORT'S BEEN WITH THE NEIGHBOR EVEN THROUGH THE ZONING AND EVEN NOW, SO. OKAY. AND I WILL CLARIFY THAT A REPRESENTATIVE FROM THE NEIGHBORHOOD ASSOCIATION IS HERE TO SPEAK TO THEIR SUPPORT. OKAY. ALRIGHT, THANK YOU. UM, IN THAT CASE, UH, WE'RE GONNA LET YOU HAVE A SEAT. LET'S, THANK YOU. BRING THE WITNESS FORWARD. FIRST UP IS, UH, SIMA COLVIN. WELCOME. YOU KNOW THAT YOU MUST GIVE US YOUR NAME AND ADDRESS BEFORE YOU GIVE US THE GOOD NEWS. THANK YOU. YES. SIMA COLVIN, 8 1 7 WEST MAGNOLIA AVENUE. I'M HERE TO REPRESENT THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION. THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION HAS BEEN WORKING WITH THE APPLICANT RALPH HERNANDO HERNANDEZ, ON THIS ISSUE SINCE EARLY SEPTEMBER, 2019 WHEN WE RECEIVED NOTICE FROM THE DEVELOPMENT SERVICES DEPARTMENT OF A REQUEST FOR A CHANGE IN ZONING TO ALLOW FOR STORAGE OF HIS CONSTRUCTION MATERIALS. THOSE DISCUSSIONS RESULTED IN AN AGREEMENT WHEREBY THE NEIGHBORHOOD ASSOCIATION WOULD, WOULD SUPPORT HIS ZONING REQUEST IN EXCHANGE FOR HIM AGREEING TO BUILD A PERMANENT ENCLOSED STRUCTURE TO REPLACE THE FLIMSY OPEN CARPORT LIKE STRUCTURE THAT HE'D BEEN USING FOR STORAGE. THE ROOF OF THAT STRUCTURE BLEW OFF DURING A STORM AND CAUSED MINOR DAMAGE TO TWO OF THE RESIDENTIAL PROPERTIES, ABUTTING HIS PROPERTY TO THE SOUTH. IN ORDER FOR HIM TO BE ABLE TO BUILD THAT STRUCTURE, HE WILL NEED THE TWO VARIANCES REQUESTED, UH, THE BEACON HILL AREA NEIGHBORHOOD ASSOCIATION, ASK THAT YOU VOTE TO APPROVE THE REQUEST FOR THE VARIANCES TO THE REAR SETBACK AND THE REAR BUFFER YARD REQUIREMENT. DO YOU HAVE ANY QUESTIONS FOR THIS WITNESS? BOARD? DOES ANYONE ON BOARD THANK YOU FOR ATTENDING. ANY OTHER WITNESS? JACK M FINGER? FINGER? I'LL NEED YOU TO ADDRESS THE, UH, BOARD HERE. WE NEED YOUR NAME AND ADDRESS FOR THE RECORD AND A BRIEF EXPLANATION OF WHAT YOU'RE ADJUSTING. YES, MR. CHAIRMAN ARE THE MEMBERS OF THE BOARD. MY NAME IS JACK M FINGER, I LIVE AT 9 0 1 WEST MULBERRY AVENUE. JUST A FEW BLOCKS AWAY FROM THE LOCATION HERE. UH, I'M ALSO A MEMBER OF THE BEACON HILL NEIGHBORHOOD ASSOCIATION AND IN FACT, A MEMBER OF THE ZONING AND URBAN DESIGN C COMMITTEE WITH THAT, UH, ASSOCIATION. YES, THE, UH, THE APPLICANT APPROACHED US, OH, I GUESS A MONTH OR TWO, MAYBE LONG EARLIER ABOUT THIS AND, UM, MENTIONED ALL THE CIRCUMSTANCES BEHIND IT. WE THOUGHT IT WOULD, UM, THE, THE ARRANGEMENT THAT, UH, WE'VE WORKED OUT WITH HIM IS A GOOD ONE. UH, WE THINK EVERYTHING SHOULD BE OKAY. UM, WE SEE, NOT CERTAINLY SEE NOTHING WRONG WITH IT. UH, WE THINK HE, HE'LL BE A, A CREDIT TO THE NEIGHBORHOOD. SO, UH, THAT'S WHY WE, WE DECIDED WE WOULD, WOULD GO AHEAD AND, UM, WE'RE, WE'RE THANKFUL THAT THE GUY CAME TO US IN GOOD WITH GOODWILL IN, IN MIND. AND, UM, UH, WE SEE NO PROBLEM WITH, UH, MOVING FORWARD WITH THE PROPOSAL HERE. THANK YOU FOR MR. FINGER. NONE MANNA, MR. MANNA. SO, UM, SO, SO THE ONE NOTE THAT WAS HERE THAT WAS KIND OF IN OPPOSITION IS FROM, UM, OPHELIA BARONI, UM, AT 7 3 9, UH, WEST LITTLEWOOD. DID YOU ALL HEAR FROM HER OR THEM, UM, DURING ANY OF THE MEETINGS THAT YOU'RE AWARE OF? I, I DON'T RECALL ANY COMMENTS BY THIS PERSON. MAYBE MS. COBIN CAN OFFER YOU INSIGHTS, BUT, UH, I, I, I'M NOT AWARE OF, OF ANY THERE. SO THANK YOU. FURTHER QUESTIONS. THANK YOU MR. FINGER FOR YOUR DEDICATION. ANY OTHER WITNESSES? THAT'S IT. THAT'S IT. ALRIGHT. YOU MAY, YOU MAY RETURN AND FINISH YOUR STATEMENTS. IS THERE ANY ADDITIONAL INFORMATION THAT YOU COULD GIVE US TO HELP US? NO, UH, OTHER THAN IT DEFINITELY WILL ADD TO THE CHARACTER OF THE BUILDING AND, AND TO THE BEACON HILL, UH, NEIGHBORHOOD. VERY GOOD. YEAH, I MEAN ONCE I GET RID OF THAT ALUMINUM SHED CARPORT STUFF. ALRIGHT, THANK YOU VERY MUCH. THANK YOU. ALL RIGHT. I'M CLOSING THIS TO THE PUBLIC. I'M GOING TO RECOMMEND THAT. DO WE HAVE ONE OF OUR BOARD MEMBERS MAKE A MOTION OR HISTORIAN REGARDING CASE NUMBER BO O A DASH [01:10:01] 19 DASH OH 3 0 39? I MOVE THAT THE BOARD OF ADJUSTMENT GRANT ONE, A 25 FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK REQUIREMENT TO ALLOW A NEW DETACH BUILDING TO BE FIVE FEET FROM THE REAR PROPERTY LINE AND TWO, A 10 FOOT VARIANCE FROM THE 15 FOOT TYPE C BUFFER YARD REQUIREMENT TO ALLOW A FIVE FOOT BUFFER YARD ALONG THE REAR PROPERTY LINE, SITUATED AT 7 3 8 WEST BR AVENUE, APPLICANT BEING RALPH FERNANDEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. IN THIS SITUATION, THE PUBLIC INTERESTS ARE REPRESENTED THROUGH SETBACKS AND LANDSCAPE BUFFER REQUIREMENTS. THE BOARD FINDS THAT THE FIVE FOOT SETBACK AND BUFFER YARD IS SUFFICIENT TO PRO PREVENT STORMWATER RUNOFF ONTO OTHER PROPERTIES AND MITIGATE FIRE SPREAD. THE FIVE FOOT BUFFY YARD IS SUFFICIENT TO SCREEN THE PROPERTY FROM ADJACENT RESIDENTIAL USES AND MITIGATE NOISE AND ADDRESS ONSITE WATER RUNOFF ISSUES. TWO. DUE TO SPECIAL ADDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION ON THIS SITE IS THAT THE LIGHT IS NOT DEEP ENOUGH AT 125 FEET TO ALLOW A STORAGE BUILDING WITH THE REQUIRED SETBACKS AND LANDSCAPING AND THE REQUIRED CIRCULATION, THE BOARD SUPPORTS A REQUEST FOR A FIVE FOOT REAR BUFFER AS IT PROVIDES ADEQUATE SPACE FOR A VARIETY OF VEGETATION, INCLUDING TREES THAT WOULD PROVIDE CANOPY AND PROMOTE WATER CONSERVATION ON SITE. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE INTENT OF THE CODE IS TO PROVIDE FOR CONSISTENT DEVELOPMENT AND TO MITIGATE ADVERSE ENVIRONMENTAL EFFECTS. THE GROUNDING OF THIS VARIANCE DESERVES THE SPIRIT OF THE ORDINANCE BY PROVIDING FOR A BUFFER THAT WILL ADEQUATELY SCREEN UNSIGHTLY EQUIPMENT FROM ADJACENT PROPERTY, MITIGATE NOISE AND AIR POLLUTION. THE REQUESTED SETBACK REDUCTION IN LANDSCAPE BUFFER REDUCTION ADDRESSES THESE CONCERNS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY IS LOCATED FOR WHICH THE VARIANCE IS SOUGHT. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE PERMITTED WITHIN THE PROPERTY'S CURRENT BASE ZONING. DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED BUILDING WILL BE IN THE SAME LOCATION AS THE EXISTING STRUCTURES AND UNLIKELY TO INJU INJURE ADJACENT PROPERTY. THE PROPERTY OF THE SOUTH HAS AN ACCESSORY STRUCTURE THAT IS AT LEAST THREE FEET FROM THE PROPERTY LINE AND A FENCE THAT SEPARATES THE TWO SIX. THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE SITUATION IS THAT THERE IS LIMITED SPACE ON THE SITE TO ALLOW FOR THE NEATEST STORAGE SPACE AND PROVIDE SUFFICIENT SITE CIRCULATION. THE BOARD FINDS THAT THIS SITUATION IS NOT MERELY FINANCIAL, NOT DUE TO THE GENERAL CONDITIONS OF THE DISTRICT AND, AND WAS NOT CREATED BY THE PROPERTY OWNER. END OF MOTION. SECOND. THE SECOND THI. MR. THIEL. THANK YOU. GO AHEAD AND START THE, UH, DISCUSSION. SURE. UH, I'LL BE IN SUPPORT OF THIS. UH, I'VE ACTUALLY DONE SOME WORK IN THIS AREA. I KNOW THE LOTS ARE, UH, A LITTLE TIGHT AND WITH THE, UH, N C D AND, AND THE, THE MIRE OF DIFFERENT ZONING AND USES THAT ARE ABOVE THE DIFFERENT LOTS. I KNOW IT CAN BE TOUGH. UH, THIS, UH, APPLICANT, IT SEEMS TO BE REPLACING AN EXISTING TYPE OF STORAGE WITH A, WITH A BETTER ONE THAT IS SUPPORTED BY THE NEIGHBORHOOD. SO, UH, I THINK IT'S, UH, THIS IS GOOD AND I'LL BE IN SUPPORT. ALL RIGHT, MR. THIEL? YES. I JUST WANNA COMMEND THE APPLICANT BY, UH, REACHING OUT TO THE NEIGHBORHOOD ASSOCIATION. UM, I, I THINK THAT WAS THE BEST INROAD YOU COULD DO, AND, UH, GLAD TO SEE THAT YOU GOT THEIR SUPPORT AND I'LL BE IN SUPPORT OF THIS MOTION AS READ. VERY GOOD. ALL RIGHT. ANYONE ELSE? NONE BEING THE CASE. LET'S GO AHEAD AND TAKE THE VOTE. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. DR. ZO. I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MS. CRUZ? YES, I CONCUR. MR. BRITTON? YES. YES. MR. OZUNA? YES, I CONCUR. MR. NEFF. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. BATTLE. I CONCUR MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION DOES PASS. GOOD LUCK WITH YOUR PROJECT AND, UH, GLAD TO SEE YOU HAVE THE SUPPORT OF THE NEIGHBORHOOD. ALL RIGHT. UH, DOES ANYONE NEED A BREAK? NOPE. OKAY, LET'S CONTINUE WITH THE NEXT CASE. GOOD EVENING BOARD DEBRA WITH B O A. UM, THIS IS CASE BO, A 19 1 0 3 0 0 1 54 [4. 19-9190 BOA-19-10300154: A request by Abraham Contreras for 1) a 13.5’ variance from the 20’ rear setback requirement to allow for 2 residential units to be 6.5’ from the rear property line, 2) a parking adjustment to decrease the 6 parking spaces required to 2 parking spaces, and 3) 4’ variance from the 5’ side setback requirement to allow an attached carport to be 1’ from the side setback, located at 411 Cincinnati Avenue. Staff recommends Denial with an Alternate Recommendation. (Council District 1) (Debora Gonzalez, Senior Planner (210) 207- 3074, debora.gonzalez@sanantonio.gov, Development Services Department)] [01:15:01] ADDRESS, FOUR 11 CINCINNATI AVENUE, APPLICANT ABRAHAM CONTRARES ZONING R SIX C D H. IT'S A REQUEST FOR NUMBER ONE, A 13 FOOT 0.5 FEET VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW FOR TWO RESIDENTIAL UNITS TO BE SIX, UH, 6.5 FEET FROM THE REAR PROPERTY LINE. AND NUMBER TWO, A PARKING ADJUSTMENT TO DECREASE THE, THE SIX PARKING SPACES REQUIRED TO TWO PARKING SPACES AND TO NUMBER THREE, A FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FEET FROM THE SIDE. UH, SETBACK. THE APPLICANT IS REQUESTING THE FIRST VARIANCE TO REHABILITATE TO RESIDENTIAL UNITS THAT ARE LOCATED AT THE REAR OF THE PROPERTY. THE SECOND IS FOR PARKING ADJUSTMENT TO ALLOW FOR TWO PARKING SPACES, AND THE THIRD IS TO KEEP AN ATTACHED CARPORT. ONE FOOT FROM THE SITE PROPERTY LINE. ON AUGUST 18TH, 2019, CITY COUNCIL APPROVED REZONING OF THE PROPERTY R SIX A H O D, RESIDENTIAL SINGLE FAMILY TWO R SIX CD, UH, TO ALLOW FOR SINGLE FAMILY USE WITH A CONDITIONAL USE FOR UP TO FOUR, UM, RESIDENTIAL UNITS WITH ONE CONDITION, UH, WHICH IS TO ENSURE COMPATIBILITY OF THE SURROUNDING PROPERTIES WITH NO PARKING OF VEHICLES ON THE FRONT OF THE YARD. AND HERE WE CAN SEE THE SITE PLAN THAT WAS SUBMITTED BY THE APPLICANT. AND IT'S THE SAME SITE PLAN THAT WAS ADOPTED BY CITY COUNCIL. HERE IS THE SUBJECT PROPERTY, THE SUBJECT PROPERTY. THESE ARE THE UNITS, UH, THE TWO UNITS THAT ARE, UM, IN QUESTION FOR THE REAR SETBACK. THIS IS THE SUBJECT PROPERTY. THIS IS, UM, ALLEY VIEW WITH SURROUNDING PROPERTIES. WE CAN SEE TWO ONE OVER HERE AND THEN ANOTHER, UH, OVER HERE IN THE BACK AS WELL. PRETTY MUCH AS CLOSE AS TO ONE IN QUESTION NEIGHBORING PROPERTIES ON THE ALLEY AS WELL. THIS IS ALSO THE ALLEY NEIGHBORING PROPERTIES ON THE FRONT. I RECOMMENDED APPROVAL OF THE VARIANCES IN BO A 19 1 0 3 0 1 0 7. BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCES WILL NOT DETRACT FROM THE CHARACTER OF THE DISTRICT, AND ADEQUATE SPACE WILL BE UTILIZED TO PREVENT STORMWATER RUNOFF. MAINTENANCE OF THE PROPERTY AND MAINTENANCE OF THE STRUCTURES WITHOUT TRESPASSING. STAFF RECOMMENDS DENIAL OF THE PARKING ADJUSTMENT IN BO O A 19 1 0 3 0 0 1 54. BASED ON THE FOLLOWING FINDINGS EFFECT, THE REQUEST NEGATIVELY AFFECTS US SURROUNDING NEIGHBORHOOD DUE TO IF THE SITE CANNOT MEET MINIMUM PARKING REQUIREMENTS PER THE U D C, THEN THE PARKING WILL LIKELY SPILL ONTO CINCINNATI AVENUE. LACK OF ADEQUATE PARKING CAN RESULT IN MOTORIST PARKING IN ADJACENT NEIGHBORHOODS OR IN BUSINESS, UH, AREAS. THIS IS A TURN. THIS, THIS IN TURN CAN AFFECT THE PERCEIVED LIABILITY OF THE NEIGHBORHOOD AND REDUCE THE ABILITY OF BUSINESSES TO ACCOMMODATE CUSTOMERS. AND THE CIRCULATION TO FIND PARKING CAN INCREASE, WHICH ADDS UNNECESSARY VEHICLE TRIPS ON THE SURROUNDING STREET NETWORK. INCREASING THE LENGTH OF TIME AND DISTANCE OF VEHICLE IS OPERATE. NOTIFICATION PLAN, UH, ZERO RETURNING FAVOR, ONE UNIT POSITION AND A COMMENT FROM THE NEIGHBORHOOD ASSOCIATION. QUESTIONS. HAVE ANY QUESTIONS TO STAFF? OZUNA, MR. OZUNA, GO AHEAD. THIS IS A STREET CLASSIFICATION FOR CINCINNATI. OH. MOST OF THE SECTIONS OF CINCINNATI ARE A COLLECTOR, BUT I'LL LOOK UP AND SEE WHAT THAT PORTION OF CINCINNATI IS CLASSIFIED AS. THANK YOU. F ON THE REAR SETBACK TO THE ALLEYWAY IS, IS IT BASICALLY ON THE PROPERTY LINE AND YOU'RE USING A PORTION OF THE ALLEYWAY AS CREDIT TOWARDS THAT SIX FIVE FEET? YES, THAT'S CORRECT. THE ALLEY IS 13 FEET WIDE. I BELIEVE SO. SO HE GETS ABOUT HALF OF THAT. SO THAT'S WHY HE'S SIX. SO IT'S ABOUT AN INCH FROM THE CURRENT PROPERTY LINE. I LOOK AT THE PHOTO. COULD YOU CLARIFY TO ME WHAT I'M SEEING THERE? 'CAUSE THERE'S A LARGE OVERHANG YES. OVERHANG. WHAT GOES UP [01:20:01] TO THE PROPERTY LINE OR DOES IT GO YES. OVER? YES, THE, THE OVERHANG DOES GO OVER OF THE PROPERTY LINE WITHIN THOSE PROPERTY BOUNDARIES, BUT HE'S STILL WITHIN THE PROPERTY SETBACK BECAUSE OF THE CREDIT THAT HE RECEIVED FROM THE ALLEY. OKAY, I GET IT. THANK YOU. ANYONE ELSE? ORIAN, DORIAN? SO I UNDERSTAND THE, THE, UH, BUILDING ON MY COLLEAGUE'S QUESTION, I UNDERSTAND HOW THE CREDIT WORKS, BUT HOW CAN PART OF THIS STRUCTURE LIE IN A PUBLIC ALLEY? I MEAN, THAT OVERHANG IS, I MEAN, IT LOOKS LIKE IT COULD BE A COUPLE FEET. IT JUST SEEMS, BASED ON THE SURVEY WE RECEIVED, THE BUILDING WALL APPEARS TO BE ON THE PROPERTY LINE. I JUST DIDN'T THINK THE CREDIT WOULD ALLOW YOU TO HAVE A STRUCTURE INSIDE OF A PUBLIC RIGHT OF WAY. A LOT OF THE HOMES ON THIS PROPERTY ARE IN THE, IN THIS ALLEYWAY, WERE BUILT THE SAME WAY, UH, INCLUDING THE ONE YOU'RE SEEING THERE. THEY'RE OLDER STRUCTURES THAT WERE BUILT THAT WAY. SO THEY'RE NON-CONFORMING STRUCTURES AT THIS STAGE. UM, IT IS JUST THE OVERHANG THAT'S IN THE ALLEY. THE STRUCTURES THEMSELVES, THE WALLS ARE WITHIN THE PROPERTY LINE. SO AT THIS POINT, UM, UNLESS THEY'RE GOING DO SOME MAJOR WORK TO IT, WELL, ARE, ARE THERE ANYBODY ON THIS, ANY OF THE OTHER LOTS IN THIS BLOCK USING THE ALLEY TO DRIVE TO THEIR PROPERTY? NO. IT'S AN UNAPPROVED ALLEY. WELL, THAT DOESN'T MEAN PEOPLE DON'T TRY TO USE IT. NO. UM, THERE'S A LOT OF, UH, DEBRIS AND SO FORTH. IT DIDN'T APPEAR THAT ANYBODY WAS REALLY USING IT. OKAY. AND THEN I I, ON THIS, THE ENTIRE PROPERTY IS BEING BROUGHT UP FOR, UH, PERMITS AND WHATNOT. WOULD THE, UH, CITY STAFF NOTE THE VIOLATION OF OVERHANGS ONTO CITY PROPERTY AND ASK FOR REQUEST REQUEST CORRECTIONS ONLY FOR NEW CONSTRUCTION? NOT FOR, UH, GRANDFATHER. IF THEY'RE DOING MONITOR REPAIRS PLANNER, WHO'S NOT GONNA CHECK FOR THAT OR ASK FOR THAT? IT SEEMS A BIT UNUSUAL, BUT, OKAY. ANY OTHER QUESTIONS FOR STAFF? WE DID CHECK, AND IT WAS A MINOR ARTERIAL. IT DOES HAVE BIKE LANES AND THERE'S NO PARKING ON THE STREET. THANK YOU. UH, VALLI WITH, UH, UH, WITH THE ENGINEER TRAFFIC DEPARTMENT, SHE'S HERE TO RESPOND TO ANY QUESTIONS OF PARKING ADJUSTMENT. IF THERE'S ANY I ON THE APPLICANT MADE MENTION STAFF IF THERE WERE ANY QUESTIONS. YEAH. PARKING ADJUSTMENT. OKAY. QUESTIONS BRING, BRING, PLEASE BRING IT FORWARD. WELL, UM, WE CAN HELP ANSWER HERE AND IF WE DON'T, THEN WE WILL. I'LL RELY ON RA FOR ANY ADDITIONAL TECHNICAL THINGS THAT WE DIDN'T GET AN ANSWER TO MY SATISFACTION ABOUT THE ALLEYWAY. AND I WOULD'VE, I DON'T KNOW IF THAT'S IN HER PURVIEW, BUT BECAUSE SHE'S NOT GONNA KNOW ABOUT CONSTRUCTION THAT'S ALREADY THERE IN THE ALLEYWAY. AGAIN, THESE STRUCTURES ARE GRANDFATHERED IN. UM, THEY WERE BUILT THAT WAY. THEY'RE NON-CONFORMING TODAY. IF THEY OVERHANG ON THE ALLEY, THE ONLY TIME THAT WE WILL REQUIRE THEM TO BE MODIFIED AND NOT ENCROACH ONTO A PROPERTY THAT'S NOT THEIRS, AS IF THEY WERE DOING NEW CONSTRUCTION. BUT WE DON'T GO BACK AND, AND TELL THEM TO MOVE. IF ANYTHING IS NOW OVER AN ALLEYWAY THAT'S BEEN THERE FOR DECADES, IT'S JUST CLASSIFIED AS NON-CONFORMING. ORIAN. WELL, EXCUSE ME. I'M, I THIS IS YOU. I I'M LOOKING AT THIS FROM THE PERSPECTIVE OF RE THE BUILDING THAT YOU'RE TALKING ABOUT IS ALSO INCLUDED ON THIS APPLICATION. AND IF THAT'S THE CASE, WOULDN'T THAT GENERATE AN AUTOMATIC REVIEW? I MEAN, IF, IF THE STRUCTURE WAS THERE ALREADY AND THE ROOF OVERHANG WAS THERE ALREADY AND ALL THEY DID WAS RENOVATE THE INSIDE, THEN ALL WE'RE GONNA INSPECT IS, IS THE RENOVATION OF THE INSIDE. BUT IF IT'S A NEW CONSTRUCTION, NEW BUILDING THAT BUILT THE WALL ON THE PROPERTY PROPERTY LINE, BUILT THE ROOF HANGING OVER THE PROPERTY LINE, THEN YES, WE WOULD'VE GONE OUT THERE TO SAY, YOU CAN'T LEAVE IT LIKE THAT. YOU'RE GONNA HAVE TO CUT IT BACK. SO THAT WAY IT DOESN'T CROSS OVER THE PROPERTY LINE. BUT IT'S OUR UNDERSTANDING THAT THE STRUCTURE WAS THERE BEFORE IT WAS JUST A RENOVATION OF THE INTERIOR. ALRIGHT. THANK YOU. ORIAN. SO THEY'RE SPENDING, THESE TWO STRUCTURES IN THE REAR ARE, ARE EXISTING AND THEIR, THEIR RENOVATION IS EXPENDING MORE THAN 50% OF THEIR VALUE. IS THAT WHY WE'RE WE EVEN ENTERTAINING A SETBACK SUBMITTAL TODAY? NO. SO FIRST THEY HAD TO, THEY, THEY HAD A LOT OF CODE ENFORCEMENT, UM, ISSUES. THOSE, THOSE BUILDINGS NEVER, WE DON'T HAVE RECORD OF A PERMIT WHEN THEY WERE BUILT. UM, SO ONE, THEY HAD TO MAKE SURE THAT THEY HAD THE ZONING RIGHT FOR THE NUMBER OF UNITS. AND [01:25:01] TWO, THEY HAD TO COME IN AND GET THE VARIANCE FOR THE PARKING ADJUSTMENT. AND NOW WE'RE, WE'RE, WHAT WE DO, WHAT WE NORMALLY DO IS IF THERE'S ANY OTHER ENCROACHMENTS OR REQUIRED VARIANCES TO C CREATE A CLEAN BILL OF HEALTH ON THE PROPERTY, WE CAPTURE THAT ALL IN ONE REQUEST. THAT'S WHAT I WAS CONFUSED. 'CAUSE YOU HAD MENTIONED THAT IF THE STRUCTURE'S EXISTING AND IT CURRENTLY OVERHANGS, UH, INTO THE ALLEY, THERE'S NOTHING YOU CAN DO ABOUT IT THEN IF WE VOTE NO ON THE SETBACK ISSUE, THEN YOU'RE NOT GONNA DO ANYTHING ABOUT IT. NO, NOT, NOT IF IT WAS EXISTING BEFORE. IT'S JUST THE, THE UNITS AND THE PARKING. SO HE'LL, THOSE ARE THE ISSUES THAT YOU'RE, THAT WILL DETERMINE WHETHER OR NOT IT CAN BE USED AS THOSE ADDITIONAL UNITS. SO THE, THE, THE SETBACK IS SIMPLY JUST, JUST TO HELP PROVIDE A CLEAN BILL OF HEALTH FOR THE PROPERTY. OKAY. THANK YOU. FURTHER QUESTIONS FOR STAFF. LET'S GO AHEAD AND BRING THE APPLICANT FORWARD. ABRAHAM CONTRERAS, MY WIFE. HI, I'M JACKIE CONTRERAS. WE ARE THE OWNERS OF THE PROPERTY. OKAY. UH, I'M SORRY. WE'RE THE OWNERS OF THE PROPERTY AT FOUR 11 CINCINNATI AVENUE. UM, JUST TO GIVE A QUICK OVERVIEW, WE PURCHASED THE PROPERTY DECEMBER, 2018 AS A SEVEN UNIT MULTIFAMILY PROPERTY. UM, IT WAS A SEVERELY DE DEPRESSED THREE. UM, I'M SORRY, I'M I'M NERVOUS. IT WAS SEVERELY DISTRESSED PROPERTY. WE RECEIVED A MULTIFAMILY CITATION IN APRIL, 2019, AND WE'VE BEEN IN REGULAR CONTACT WITH THE CITY OF SAN ANTONIO SINCE TRYING TO BE IN, BE IN COMPLIANCE AND MAKE EVERYTHING RIGHT. UM, WE WERE NOT AWARE OF ANY OF THESE ISSUES. WE WERE NOT AWARE OF THE ZONING AND, UM, THAT IS WHY WE'RE HERE. SO ZONING AND CITY COUNCIL APPROVED OUR REZONING FOR R SIX CD WITH A CONDITIONAL USE OF FOUR UNITS IN AUGUST. AND, UM, THEY REQUESTED THAT WE DEMOLISH AND REMOVE THE ILLEGAL STRUCTURE, WHICH WE'VE DONE. THEY REQUESTED THAT WE REMOVE PARKING TO THE FAR LEFT SIDE OF THE PROPERTY, UH, WHICH WE'VE DONE. AND, UM, ALSO TO APPLY FOR THE VARIANCE, A VARIANCE, WHICH IS WHY WE'RE HERE TODAY. HERE'S OUR APPROVED SITE PLAN. UM, AND THEN IT INDICATES THERE THE LEGAL STRUCTURE THAT NEEDED TO BE DEMOLISHED, WHICH HAS BEEN. AND THEN WE ALSO WERE INFORMED THAT WE NEEDED TO GO THROUGH THE ADDRESSING DEPARTMENT. AND WE'VE DONE THAT AND WE'RE IN THE PROCESS. IS THAT OKAY? THAT IS COMPLETE AS WELL. HERE'S JUST A, HERE'S JUST AN AERIAL VIEW AND THE STRUCTURE OUTLINED IN RED IS THE ONE IN QUESTION AS FAR AS THE, THE VARIANCE FOR THE SETBACK. UM, EXCUSE ME. SO THIS IS THE, UH, SOME INFORMATION THAT I PULLED FROM, UH, THE APPRAISAL DISTRICT WEBSITE. SHE'S SHOWING THE INFORMATION WHEN THESE BECAME ON THE TAX ROLL, FOR INSTANCE, IMPROVEMENT NUMBER TWO. THE ONE IN QUESTION HAS BEEN ON THE TAX RECORD SINCE 1985. UM, SO THAT STRUCTURE HAS BEEN THERE. UM, IT HAS BEEN, WHEN WE TOOK OVER THE PROPERTY IN VERY DISTRESSED STATE, THERE WAS, UH, TONS OF WATER DAMAGE TO THE FRAMING STRUCTURE ITSELF. SO WE'VE BEEN WORKING ON THAT. UH, WE'VE BEEN WORKING WITH THE, I'VE BEEN IN COMMON COMMUNICATIONS, EXCUSE ME, I'M A LITTLE BIT NURSE AS WELL TOO WITH THE BUILDING DEPARTMENT. UM, PRETTY MUCH ALL THE DEPARTMENTS HERE IN SAN ANTONIO, ZONING CITY COUNCIL. UH, AND THAT'S WHY WE'RE JUST, UH, HERE TO GET ALL THESE, UH, VARIANCES CLEARED UP, GET THE CLEAN BIT OF HEALTH THAT THEY MENTIONED, AND THEN, UM, MOVE FORWARD. I JUST WANNA MENTION THAT WHEN WE WERE HERE, UM, IN THE ZONING DEPARTMENT, WE LET THEM KNOW, KNOW THAT THAT STRUCTURE THAT WAS ILLEGAL AND A VERY BIG HAZARD THAT THAT WOULD BE REMOVED IMMEDIATELY NOVEMBER 1ST. THAT THING WAS GONE AND OUTTA HERE. WE HAVE PERMITS AND EVERYTHING, PROFESSIONAL COMPANY THAT DID THAT FOR US. THE PARKING, UM, AS FAR AS THE PARKING WAS CONCERNED, THEY DID MENTION THAT THEY DID NOT WANT ANY PARKING ON THE LEFT HAND SIDE OF THE HOUSE, WHICH HAD BEEN PARKING FOR A VERY LONG TIME. UM, SINCE BEFORE WE ACQUIRED THIS PROPERTY, THIS PROPERTY WAS RAN VERY, I MEAN, IT WAS RAN BY A SLUMLORD. I MEAN, BASICALLY TO PUT IT MILDLY, THAT'S HOW IT WAS. WE TOOK IT OVER WITH THE INTENT TO FIX THIS PROPERTY REHABILITATED. WE DID NOT KNOW IT WAS GONNA COME WITH ALL THESE ADDITIONAL THINGS THAT WE HAVE TO DO. SO IT'S BEEN A VERY ARDUOUS JOURNEY, NOT ONLY WITH THE PROPERTY, BUT WITH EVERYTHING THAT WE HAVE TO DO. SO WE'RE JUST HERE TO KIND OF GET EVERYTHING TAKEN CARE OF AND WE APPRECIATE EVERYBODY'S TIME. UM, I'D JUST LIKE TO SAY WITH THE PARKING, THIS IS A LEARNING PROCESS FOR US, AND WE'RE STILL, EVEN WITH WHAT THEY, UM, MENTIONED AT THE BEGINNING HERE ABOUT THE REDUCTION IN THE PARKING FROM SIX TO TWO, [01:30:01] I'M NOT SURE WHERE THAT ORIGINATED FROM. WHEN WE WENT THROUGH THE ZONING PROCESS, THEY JUST STATED THAT THEY DID NOT WANT PARKING TO THE LEFT SIDE OF THE BUILDING, WHICH WE AGREED TO. UM, INITIALLY WHEN, WHEN WE ASSUMED, WHEN WE PURCHASED IT AS A MULTI-FAMILY AND WE WERE GOING THROUGH OUR OPTIONS, THERE WAS A REZONING. IT WAS MENTIONED TO US THAT IT WAS ONE PARKING SPACE PER UNIT. AND THEN WE'VE ALSO BEEN TOLD THAT THE, I GUESS THE DISCREPANCY OR THE ISSUE NOW IS AS A RESIDENTIAL, IT IS 1.5 PARKING SPACES PER UNIT. SO WE'RE STILL A LITTLE UNSURE ON WHAT IS EXACTLY REQUIRED OF US WHEN IT COMES TO THE PARKING. AND THEN OF COURSE, THEY BROUGHT THE AWNING TO OUR ATTENTION AS WELL, WHICH IS NEW INFORMATION. AND SPEAKING OF THE PARKING, I'LL GO BACK TO THIS PICTURE RIGHT HERE. UH, SORRY. UM, THE SPOT TO THE LEFT WHERE IT SAYS ON THE SINGLE SPOT BY ITSELF, THAT LITTLE AREA RIGHT IN THE MIDDLE OF IT, I, IT'S A SIDEWALK AND, UH, AND IT JUST KIND OF LIKE, JUST MATERIAL THAT'S THERE. I MEAN, WE HAVE YET TO EVEN GET THROUGH. I MEAN, A PORTION OF CLEANING UP THIS PROPERTY AS IT NEEDS TO BE IS THE POINT RIGHT HERE, THERE. IT'S SO REALLY RIGHT HERE IS REALLY ALL THE PARKING EXISTS. I MEAN, THIS IS A PRETTY DEEP DRIVEWAY THAT CAN ACCOMMODATE PARKING ONE RIGHT HERE. UM, THIS IS NOT REALLY ANYTHING BUT JUST, I MEAN, I THINK THEY JUST THREW DOWN CEMENT AND IT'S JUST CRACKED OVER THE YEARS. THIS, THIS PROPERTY IS IN DISTRESS STATE, IT'S IN BEACON HILL AND WE'RE JUST TRYING TO GET IT TAKEN CARE OF. SO THERE WOULD BE NO PARKING RIGHT HERE. THIS WILL BE TURNED BACK INTO A GRASS FRONT YARD, LIKE A NORMAL HOUSE. IT LOOK NICE AND LANDSCAPE WHEN IT'S DONE. AND AS, AS FAR AS THE PARKING'S CONCERNED HERE, WE WEREN'T SURE OF HOW TO PREPARE OUR PRESENTATION AND DIDN'T KNOW IF WE NEEDED TO ADDRESS THE CRITERION FOR, UM, APPROVAL. BUT WE REALLY DID WANNA SPEAK TO QUESTIONS NUMBER TWO AND NUMBER SIX, UM, AND JUST SHARE THE INFORMATION ABOUT THE HARDSHIP THAT IT WOULD CREATE FOR US. THE FURTHER HARDSHIP WITH BEING REQUIRED TO DEMOLISH AND REBUILD THAT BUILDING IF THE SETBACK WASN'T APPROVED. AND THEN, UM, JUST ALL OF THE MONEY THAT WE'VE ALREADY PUT INTO THAT UNIT, SPECIFICALLY SINCE GETTING THE GREEN LIGHT. AFTER GETTING APPROVED FOR REZONING, WE WERE ALLOWED TO GO AND PULL PERMITS AND CONTINUE WITH OUR REHAB. AND SO WE'VE ALREADY DONE PUT IN THOUSANDS OF DOLLARS OF ELECTRICAL AND PUT FRAMEWORK, UM, BEFORE WE WERE NOTIFIED TO STOP AGAIN FOR THE, FOR THE VARIANCE AND THE SETBACK. THAT'S IT. UM, AND THEN AS TO SPEAK TO NUM QUESTION NUMBER SIX ABOUT THE UNIQUE CIRCUMSTANCES. UM, AS WE MENTIONED, WE'RE NEW OWNERS. WE'VE OWNED THIS BUILDING FOR A YEAR. IT WAS FALSELY REPRESENTED TO US. AND WE ARE CURRENTLY IN A LEGAL LAWSUIT WITH THE SELLER AND THE BROKER, BUT IT WAS SOLD AS A MULTIFAMILY PROPERTY OF SEVEN UNITS. UM, THE PREVIOUS OWNER WAS AWARE OF THIS. UM, THERE WERE RECORDS IN CITY RECORDS DOCUMENTING ILLEGAL USE OF THE PROPERTY THAT GO BACK TO 2009 AS WELL AS 2015. AND THEN, UM, IT, IT WAS JUST GROSSLY MISREPRESENTED. AND LIKE I SAID, WE'RE HERE, WE'RE LEARNING, WE'RE TRYING TO BE, UM, AS TRANSPARENT AS POSSIBLE AND COMPLIANT TO MAKE THINGS RIGHT. THE REST, REST IN HERE WAS JUST GONNA TO MAKE SURE THAT WE'RE SUBMITTING TO CITY SAN ANTONIO OR WE DON'T HAVE TO GO OVER JUST EXTRA STUFF THAT WE HAD THAT WERE, UH, SO I JUST WANTED TO LET EVERYBODY KNOW THAT, LET EVERYBODY KNOW THAT WE ARE, UH, NEW INVESTORS, SOMEONE NEW INVESTORS. WE WERE TRYING TO RUN THIS PROPERTY PROFESSIONALLY. UH, WE HAVE ONE RESIDENT LEFT. HE'S A REALLY GOOD PERSON. THE REST THAT WE HAD TO ACTUALLY EVICT AND IT WAS A REALLY BAD STORY. BUT ULTIMATELY WE DO HAVE SUPPORT FROM OUR NEIGHBORS. WE DO HAVE SUPPORT FROM THE NEIGHBORHOOD ASSOCIATION. WE'VE ASKED 'EM TO COME SPEAK AND THEY'RE HERE AS WELL TOO. SO I WANNA THANK EVERYBODY FOR YOUR TIME AND, UH, IF THERE'S ANY QUESTIONS, JUST LET US KNOW YOU IF YOU HAVE ANY QUESTIONS. MR. ORION. SO, UM, FOR DECADES THERE WAS SEVEN DIFFERENT PEOPLE LIVING HERE. I MEAN, HE MARKETED IT AS SEVEN, BUT THERE WERE SEVEN, RIGHT? YES. HE HAD TAX ROLL, I MEAN FINANCIALS ROLES TO SUPPORT THE, HE'S BEEN RUNNING THIS PROPERTY AS A SEVEN UNIT FOR AND FROM, SINCE YOU PURCHASED IT TILL TODAY, YOU'VE, YOU'RE, YOU'RE TRYING TO GET IT DOWN TO FOUR. YOU'VE ALREADY GONE THROUGH ZONING, UH, YOU'VE DEMOED THE ONE STRUCTURE. HAS THERE BEEN ANY OTHER, UH, ANY INCREASES IN IMPERVIOUS COVER IN THE AREA? UM, OTHER THAN THAT, UH, INCREASE BY REMOVING THE STRUCTURE, I'M NOT SURE. LIKE YOU'RE, YOU'RE NOT CONSTRUCTING ANY ADDITIONS TO ANY OF THE BUILDINGS OR ANYTHING, CORRECT? NO, NOT. AND THEN THE PARKING ON YOUR MAP, IT SHOWS, UH, USES THE TERM PARKING SPACE IN FOUR DIFFERENT PLACES. UM, SO, [01:35:01] AND, AND WITH TANDEM PARKING, YOU CAN GET FOUR CARS THERE, CORRECT? WE, WE WEREN'T AWARE OF LIKE, WHETHER WE CAN PUT CARS LIKE THIS. THEY, THEY WERE THE LIKE, UH, FOLKS MENTIONED THAT, TALKING ABOUT STACKING THE PARKING IS HOW IT WAS REFERRED TO US IN THAT PARTICULAR NATURE. HERE THERE IS, I MEAN, IT'S A VERY DEEP, A LOT IN GENERAL, LIKE DRIVEWAY, I SHOULD SAY. THERE WAS A FENCE THAT WAS RIGHT HERE. WE ACTUALLY ARE EVEN TRYING TO PUSH THAT BACK. SO WHEN WE GET TO FIX THAT, SO WE CAN EVEN GO EVEN FURTHER SO PEOPLE CAN PARK THERE. UM, THE RESIDENT WE HAVE NOW DOESN'T EVEN OWN A CAR, TO BE QUITE HONEST WITH YOU. SO, UM, THAT'S WHAT WE'RE PLANNING TO DO FROM A PARKING SITUATION. WE DO HAVE OPTIONS FOR ADDITIONAL SPACE FOR PARKING. OKAY. THANK YOU. COULD YOU, UM, SO HOW MANY SPACES FOR PARKING, IF YOU'RE REQUIRED TO HAVE SIX MM-HMM. , HOW MANY CAN YOU ACTUALLY FIT ON THIS PROPERTY? SO WE HAVE THE FOUR THAT ARE HERE. 1, 2, 3, 4. WE COULD ACTUALLY, AGAIN, WE COULD MAKE CEMENT THIS AND MAKE THIS, 'CAUSE THIS IS, THIS COULD BE A LONG DRIVEWAY IF WE MADE IT THAT WAY. AND THEN WITH THE DEMO OF THE BUILDING HERE IN THE CENTER, NOT KNOWING WHAT OUR, UM, WHAT'S CONSIDERED COMPLIANT AND MAKING SURE WE'RE IN, UM, DOING EVERYTHING CORRECTLY AS FAR AS CODE WISE COULD UTILIZE THIS OPEN SPACE AS WELL IN FRONT OF THE UNITS. SO YOU THINK YOU COULD EASILY ACHIEVE FOUR UNIT, FOUR PARKING SPACES? WE CAN. WE ALREADY, WE CURRENTLY HAVE THE FOUR PARKING SPACES WITHOUT DOING ANYTHING. LET ME JUST CLARIFY. SO, UM, WHEN THE REZONING WAS APPROVED BY COUNCIL, THERE WAS A CONDITION THAT WAS TIED TO THE ORDINANCE MM-HMM. THAT SAID NO PARKING IN THE FRONT YARD. SO THAT ONE SPACE THAT YOU SHOW SORT OF IN THE MIDDLE OF THE LOT, THAT IS NOT ALLOWED BASED ON THAT CONDITION THAT THE FRONT YARD IS THIS SPACE? THE, I MEAN, NO, THEIR, THEIR DEFINITION OF THE FRONT YARD WAS FROM THE ORIGINAL DRIVEWAY, WHICH IS A SINGLE CAR DRIVEWAY ALL THE WAY TO, UH, GOING WEST TO THE PROPERTY LINE. SO WHERE YOUR LASER POINTER WAS AT UHHUH, JUST RIGHT NOW, UHHUH, UHHUH, , THIS ONE, THAT SPACE WOULD NOT BE ALLOWED BASED ON THE CONDITION. I THOUGHT THIS WAS APPROVED WITH IT. NO, THAT WAS, THAT'S WHY THEY WROTE THE CONDITION THAT WAY. SO YOU WOULDN'T HAVE THAT EXTRA SPACE. 'CAUSE THAT WOULD'VE BEEN OUT OF THE ORDINARY AND OUT OF CHARACTER. WHAT WE UNDERSTOOD, UM, WAS THEY, THEY SPECIFICALLY ASKED TO REMOVE THE PARKING TO THE LEFT SIDE OF THE BUILDING BECAUSE THIS WAS A PARKING SPACE. SO WHEN WE RECREATED THIS SITE PLAN, WE JUST DID THE PARKING HERE, HERE, HERE AND HERE. UM, ORIAN. UM, CATHERINE, CAN YOU, CAN YOU EXPLAIN WHERE THE TWO SPACES, UH, ARE PROVIDED THAT WE'RE, WERE, WERE TO BE REVIEWING? SO EITHER THE, A SPACE ALONG THE DRIVEWAY OR IN THE REAR. SO YOU COULD USE THE SINGLE CAR DRIVEWAY AS ONE SPACE. 'CAUSE YOU, YOU WOULDN'T BE ABLE TO STACK IT. AND THEN WHATEVER PARKING THAT YOU COULD FIT IN THE REAR IS WHERE THE REST OF THE SPACES WOULD GO AS LONG AS YOU MET CODE ON THE SPACING. AND, UM, BACKING OUT REQUIREMENTS, MR. WOULD YOU HAVE INGRESS AND EGRESS THROUGH TO IN THE, ALONG THE REAR PROPERTY ROUTE LINE INTO THE ALLEY WHERE IT SAYS UNIT 2 0 1 ON YOUR, OR IS THAT A FENCE? THIS IS THE ALLEY RIGHT BACK HERE. THERE'S, THIS IS OPEN. ALL OF THIS IS OPEN SPACE RIGHT NOW IT'S DIRT AND SOME GRAVEL AND SOME, UM, UM, CEMENT LIKE WALKWAY. DOES ANYBODY EVER USED THE, UH, REAR ENTRANCE OR REAR AREA FOR AN ENTRANCE OR AN EXITING? UH, NOT THAT WE'RE AWARE OF. IN THE YEAR THAT WE'VE OWNED IT, UM, WE'VE BEEN ON PRETTY MUCH ON HOLD BECAUSE OF ALL OF THE REZONING AND THE ILLEGAL USE OF THE PROPERTY. SO WE CURRENTLY ONLY HAVE ONE RESIDENT. UM, AND AS MY HUSBAND MENTIONED, HE DOESN'T HAVE A CAR, SO WE DON'T HAVE MUCH EXPERIENCE WITH WHERE THEY'VE PARKED IN THE PAST. I WAS, I'M WONDERING IS IF THE, IF YOU DO MOVE PARKING TO THE REAR, THAT WOULD UHHUH OPEN UP THAT BACK AREA? THAT WOULD BE, YES MA'AM. WE ARE OPEN TO OPTIONS ON, ON WHERE I, I CAN SPEAK TO THAT A LITTLE BIT. CURRENTLY. UM, IN THE PAST IT WAS A SMALL FENCE IN THE BACK THAT LEADS TO THE EASEMENT, WHICH IN THE PAST YEARS HAD LED TO PEOPLE WALKING THROUGH THE PROPERTY. UM, THAT, THAT FENCE IS NO LONGER THERE. IT WAS JUST AN OLD CHAINING FENCE. THE TRACTORS USED IT TO CRUNCH UP THAT STRUCTURE AND GET IT OUTTA THERE. SO IT'S OPEN NOW. UH, OUR PLAN WAS TO GO BACK THERE AND PUT AN EIGHT FOOT FENCE UP TO EIGHT FOOT FENCE, WHICH IS CODE SO THAT NO ONE CAN ACCESS THAT TO ALLEVIATE ANY KIND OF ISSUES ON OUR PROPERTY THAT JUST MAKE IT MORE OF LIKE A, JUST TO MAKE IT MORE SAFE FOR THE PROPERTY TO BE, SHE'S ASKING IF WE COULD BUT YOU BUT USE THAT AS PARKING, BUT IT WOULD NOT BE ABLE TO BE USED AS PARKING 'CAUSE IT WOULD NO LONGER HAVE ACCESS THROUGH THE BACK ALLEY AND THE ALLEY DOESN'T BELONG TO US OR THE, I MEAN IT'S THE CITY. IT'S NOT OURS OR OUR RESIDENTS TO USE [01:40:01] ALLEY BABE. THAT'S WHAT, YOU CANNOT DRIVE A CLOCK THERE. WE WE'RE, WE ARE OPEN TO OPTIONS. WE DO HAVE A LOT OF OPEN SPACE ON THE PROPERTY, ESPECIALLY WITH THE DEMO, THE DEMO OF THAT ILLEGAL STRUCTURE. ALL OF THIS SPACE HERE IN FRONT OF THE UNITS. ALL THIS IS ALL OPEN NOW. AND THAT PLEASE, JUST FOLLOWING MY COLLEAGUE, I MM-HMM , I'M LOOKING AT THE AERIAL VIEW OF THE PROPERTY AND THE AREA AND IT LOOKS LIKE THAT ALLEYWAY IS USED QUITE A BIT. THERE'S TIRE TRACKS, UH, COMING IN AND OUT OF IT AND IT'S BEATEN DOWN. IT'S NOT OVERGROWN. MM-HMM. SEEMS LIKE THAT COULD BE AN OPPORTUNITY FOR YOU TO GET ACCESS INTO YOUR PROPERTY, UM, TO GAIN MORE PARKING SPACES IN THE REAR WITHOUT, 'CAUSE I DON'T THINK YOU CAN BLOCK YOUR DRIVEWAY WITH ONE CAR AND THEN CLAIM PARKING SPACES BEYOND THAT BECAUSE NEIGHBORS DON'T LIKE TO MOVE CARS FOR EACH OTHER TYPICALLY. UM, BUT ALSO YOU MENTIONED YOU PLAN ON PUTTING AN EIGHT FOOT FENCE UP. BE SURE TO TALK TO THE CITY, GO FOR YOUR PERMITS BECAUSE THAT MAY NOT BE ALLOWED AND CERTAINLY MIGHT NOT WORK WITH THAT OVERHANG THAT'S ILLEGALLY GOING OVER YOUR REAR PROPERTY LINE ALSO. I, I, I MENTIONED THAT. THANK YOU. UH, MAIN THAT MAINLY IN PART FROM A BACK, IT HAS ALREADY BEEN DISCUSSED. YOU CAN DO UP TO AN EIGHT FOOT FENCE. IT DOES NOT HAVE TO BE AN EIGHT FOOT FENCE. I WAS JUST THINKING MORE OF A SECURITY SAFETY FOR INSTANCE, SO THAT IT JUST CAN'T BE ACCESSED BY ANYBODY LIKE IN THE YEARS PAST. UM, IT CAN, WE CAN PUT, YOU KNOW, WE CAN PUT OPTION TO GO THROUGH IT IF THERE'S, YOU KNOW, IF A GATE NEEDS TO BE DONE, THAT'S REALLY NOT A PROBLEM. I WAS JUST THINKING FOR THE RESIDENTS, YOU KNOW, THE FUTURE RESIDENTS FOR SAN ANTONIO THAT WOULD LIVE THERE. UM, MR. CHAIR, THAT FENCE IS NOT BEFORE US TODAY, BUT COULD STAFF COMMENT ON WHETHER THAT EIGHT FOOT FENCE IS PERMITTED ALONG THE ALLEYWAY? 'CAUSE I THOUGHT IT WOULD'VE TO BE SIX FEET ULTIMATELY WITH AN, UH, ALLEYWAY OR IF IT WAS BACKING UP TO A COLLECTOR OR ABOVE, YOU'RE ALLOWED AN EIGHT FOOT FENCE. THAT'S CORRECT. IT'S ON AN ALLEYWAY. THERE'S AN ALLEY BEHIND IT SO THAT ALLEYWAY CAN BE USED. THANK YOU MR. CHAIR. CAN I SUGGEST A CONTINUANCE ON THIS CASE FOR THEM TO EXPLORE SOME OF THE, UH, PARKING, UH, OPTIONS THAT MAY BE AVAILABLE THAT IT'S NOT AVAILABLE TO THEM RIGHT NOW, THAT THEY CONSIDER THAT? WELL, IN REGARDS TO A CONTINUANCE, UH, IT ALL DEPENDS ON WHETHER THE APPLICANT FEELS THAT, THAT THEY HAVE THE INFORMATION THAT THEY NEED TO MAKE A DETERMINATION ON CONTINUING THIS OR NOT. UM, AS WE HAVE, AS WE HAVE ALREADY OBSERVED, THERE'S A LOT OF CONFUSION AS TO WHAT IS AND WHAT ISN'T ON THIS PARTICULAR PROPERTY. I UNDERSTAND THE, SO STAFF IS NOT RECOMMENDING THE VARIANCE TO THE PARKING AND WITHOUT THE PARKING, IT DOESN'T MATTER HOW MANY UNITS THEY'RE PROPOSING. I MEAN, THE TWO PARKING SPACES IS NOT GONNA BE ABLE TO, UH, GET THEM THE FOUR UNITS THAT THEY HAVE IN THEIR PLAN. SO IF THERE'S AN, AN OPTION FOR THEM TO SECURE PARKING TO THE REAR AND HAVE, UM, SITE, UH, PARKING SPACES THAT ARE LEGAL PARKING SPACES, THEN IT HELPS 'EM WITH THEIR OVERALL DEVELOPMENT. BUT THEY DON'T KNOW THAT ANSWER RIGHT NOW UNTIL THEY GET IN FRONT OF THE CITY STAFF TO EXPLORE THEIR OPTIONS HERE. UM, I'M GONNA ASK STAFF REAL QUICK. DO YOU HEAR THE CONFUSION THAT THE BOARD IS HEARING ON THIS PARTICULAR PROPERTY? YES. AND WE'RE JUST, UH, DISCUSSING WITH OUR TRAFFIC ENGINEER RIGHT NOW AND IT, THE, THE ONLY WAY TO USE THE ALLEY IS IT WOULD HAVE TO BE IMPROVED. SO THEY WOULD HAVE TO IMPROVE IT FROM THE SIDE STREET TO THEIR PROPERTY IF THEY WANTED TO USE IT, UH, FOR THAT PURPOSE. ORIENT ON, YEAH, I JUST WANTED TO CHIME IN A COUPLE THINGS. UH, ONE AND A HALF PER UNIT, ISN'T IT? JUST ONE PER UNIT UP TO TWO UNITS IS ONE THREE UNITS OR MORE? IT JUMPS TO 1.5. OKAY. 'CAUSE I'M ON THE U D C AND I, I CAN'T, I CAN'T FIND THAT ON THE TABLE. 1.5 FOR ANYONE. SO THAT, I'M JUST WONDERING IF YOU COULD DIRECTLY, YOU'RE IN THE COMMERCIAL SECTION, THE RESIDENTIAL SECTION, UM, IDENTIFIES THE SAME NUMBERS UNITS, UH, THREE AND ABOVE IS 1.5. OKAY. AND THEN AS FAR AS, UH, PARKING IN THE FRONT YARD, I MEAN, SO IF THEY NEED SIX AND THEY'RE ASKING TO GO DOWN TO TWO, IS IT, COULD THEY ALSO REQUEST, UH, TO THE BOARD THEY WOULD HAVE TO, I GUESS, RE NOTIFY ABOUT PARKING IN THE FRONT? OR IS THAT TIED TO THE ZONING WHERE IT'S NOT SOMETHING THAT THAT'S TIED TO THE ZONING. THAT'S A CONDITION THAT'S PART OF THE ORDINANCE. IF THEY WANTED TO REMOVE THAT, IT'D HAVE TO GO BACK TO CITY COUNCIL THROUGH A REZONING PROCESS. AND DOES STAFF ACCEPT TANDEM PARKING AS MEETING PARKING? IS THAT SOMETHING THAT, IS THAT SOMETHING THAT CAN BE APPROVED ADMINISTRATIVELY OR SIDE BY SIDE YOU MEAN NOT STACKING, STACKED? OH, STACKING, NO, BECAUSE, UM, THERE ARE FOUR SEPARATE UNITS OR THEY'RE DIFFERENT UNITS. YOU'D HAVE ONE BLOCKING THE OTHER UNIT. WELL, I, I KNOW, BUT I'M JUST ASKING IS THAT SOMETHING THAT STAFF COULD DO ADMINISTRATIVELY OR IS [01:45:01] THAT SOMETHING THAT THE BOARD COULD DO? I'M ONLY ASKING BECAUSE, YOU KNOW, WE'RE TALKING ABOUT OPTIONS AND, AND I THINK THAT THEY WOULD NEED TO KNOW WITH A PLAN OF SOME SORT. 'CAUSE WHATEVER THEY DO, THEY'RE GONNA HAVE SOMEBODY LOCKING SOMEBODY. NO, WHAT'S NOT IN FRONT OF YOU IS, IS THE, WHAT'S IN FRONT OF YOU IS ONLY THE NUMBER OF PARKING SPACES. YOU CAN'T, UM, CHANGE A CODE REQUIREMENT THAT DOESN'T ALLOW TANDEM OR STACKED PARKING. SO IF WE APPROVE THE PARKING DOWN TO TWO AND, AND THEY INEVITABLY HAVE TANDEM STACKED PARKING, CAN YOU CITE THEM FOR THAT? IF WE GET A A A COMPLAINT, WE COULD. OKAY, THANK YOU. NOW I WOULD FURTHER QUESTION FOR STAFF. IF THEY'RE ONLY ALLOWED STAFF, IF THEY'RE ONLY ALLOWED THEN TWO PARKING SPACES, THEY WOULDN'T BE ABLE TO PULL A, THEY WOULDN'T BE ABLE TO GET BUILDING PERMITS FOR THE FOUR UNITS THAT THEY'RE PROPOSING FOR THE SUBJECT. SO IF THE BOARD APPROVES THEIR REQUEST FOR THE PARKING ADJUSTMENT, THEN THEY'RE ONLY REQUIRED TO PROVIDE TWO. THE, THE, THE REMAINING WOULD BE WAIVED SO THEY COULD PROCEED WITH THE NUMBER OF UNITS, BUT ONLY NEED TO PROVIDE TWO PARKING SPACES IF THE BOARD WERE TO APPROVE A QUESTION FOR THE APPLICANT, ARE YOU GONNA BE LIVING AT THIS PROPERTY? NO, SIR. SO IS IT, ARE YOU, IS THIS, ARE YOU MARKETING THIS AS AN APARTMENT? INITIALLY YES, BECAUSE WE PURCHASED IT AS A SEVEN UNIT MULTI-FAMILY PROPERTY. BUT NOW WE'RE, UM, WHERE, THAT'S WHERE I'M CONFUSED. 'CAUSE AS AN APARTMENT, ISN'T THE PARKING ONE PER UNIT? ARE YOU ASKING ABOUT THE 1.5 VERSUS ONE? I SEE THE 1.5 AS A DWELLING FOUR FAMILY CLUSTER. BUT IF THEY'RE GONNA BE USING THIS PROPERTY AS A NON OCCUPIED APARTMENT COMPLEX, SHOULDN'T THAT GO DOWN TO THE ONE? NO, IT'S STILL, SO IT'S ONE SPACE PER UNIT, WHICH IS A SINGLE FAMILY HOME. BUT ONCE YOU HAVE THREE OR MORE ON A PROPERTY ON A LOT, THEN IT'S 1.5. YEAH. AND AS A DWELLING, I, I SEE THAT, BUT WHEN I GO DOWN THROUGH THE PARKING TABLE AND I GO TO HOUSING, IT, IT, IT'S, IT, I MEAN, IF YOU HAVE FOUR, I'M I'M JUST WONDERING IS THERE A WAY TO KNOW WAY? NO, WE'VE CONFIRMED IT'S 1.5 SPACES. OKAY. JUST CHECKING. MAY, MAY I SAY SOMETHING? I JUST WANT TO SAY THAT WE'VE HAD A REALLY HARD TIME AND GETTING CLARIFICATION FROM THE CITY. UM, BECAUSE WE HAVE BEEN TOLD MULTIPLE, WE'VE BEEN TOLD SEVERAL DIFFERENT THINGS AS FAR AS BEXAR COUNTY OR B CAD VIEWS THIS PROPERTY AS A COMMERCIAL PROPERTY DESPITE IT BEING ZONED AS A RESIDENTIAL AND THEY REFUSE TO CHANGE THAT. AND SO WE ARE DOING OUR BEST AND WE ARE TRYING TO REACH OUT TO THE RESOURCE TO CITY OF SAN ANTONIO. UM, BUT AGAIN, THERE IS CONFUSION AND WE DON'T GET STRAIGHTFORWARD ANSWERS. AND I MEAN, I'M CONFUSED TOO BECAUSE IF, IF YOU HAVE CONDITIONAL ZONING THAT ALLOWS YOU TO, TO TREAT THIS, UNLIKE A TYPICAL R SIX, WOULDN'T WE HAVE TO APPLY THE APARTMENT FROM THE COMMERCIAL PART OF THE TABLE? IT JUST SEEMS LIKE THAT WOULD BE APPROPRIATE. IT'S STILL A RESIDENTIAL USE BECAUSE IT'S FOUR OR LESS. THE ONLY TIME IT BECOMES LIKE A MULTI-FAMILY USE, WHICH IS STILL RESIDENTIAL IN OUR ZONING CODE IS FIVE OR MORE UNITS. UM, BEXAR COUNTY HAS A DIFFERENT APPRAISAL TYPE SYSTEM OR HOW THEY CLASSIFY PROPERTIES. THE COMMERCIAL, UM, CLASSIFICATION MAY BE BECAUSE IT'S NOT HOME, UM, OWNER OCCUPIED OR IT'S NOT THE HOMESTEAD. THAT MAY BE WHY THEY CALL IT AS COMMERCIAL. BUT IF, EVEN IF YOU LOOK AT OUR BUILDING CODES VERSUS, UM, OUR ZONING CODE, OUR BUILDING CODE WHEN YOU BUILD IT WILL BE LOOKED AT AS, AS COMMERCIALLY IN ORDER TO MEET THE COMMERCIAL BUILDING AND FIRE CODE STANDARDS. BUT IN OUR ZONING CODE, IT IS STILL CLASSIFIED AS RESIDENTIAL. OKAY. THANK YOU. BOARD MEMBERS. MAYOR, MR. UH, JUST FOR A POINT OF CLARIFICATION ON, ON BEXAR COUNTY, I THINK I CAN ADDRESS THAT IS I USED TO WORK THERE AND THEY APPEAR THAT THE, UH, CLASSIFICATION ON UNITS ON THE WAY THEY'RE APPRAISED IS AN ADMINISTRATIVE FACTOR AND NOT REALLY WHETHER OR NOT IT'S COMMERCIAL. WHEN YOU RUN INTO THE SMALLER TYPE OF MULTIFAMILY PROPERTIES MM-HMM. . SO IT, IT'S WHETHER OR NOT THEY TAKE ON THE COMMERCIAL. YEAH. WHEN, WHEN WE WENT TO APPRAISAL, WHEN WE WENT TO UPDATE THEM ON THE REZONING, THEY STATED ANYTHING OVER TWO UNITS IS CONSIDERED COMMERCIAL FOR THEM AND THEY WOULD NOT CHANGE IT. THEY, THEY ADMINISTRATIVELY GO AHEAD AND APPRAISE IT THAT THEY, THEY USE THAT MAY. I JUST WANT, I I JUST WANNA CLEAR UP CONFUSION BECAUSE I, I KNOW IT SOUNDS LIKE THIS IS ALL OVER THE BOARD, BUT IT'S REALLY NOT, HONESTLY THIS, THIS PROPERTY, WE'RE READY TO PUT IT BACK TOGETHER. I MEAN, THIS HAS BEEN ALREADY A YEAR. WE'RE PUMPING IT, I MEAN, A SIGNIFICANT AMOUNT OF MONEY. AND THAT'S NOT EVEN INCLUDING THE ACQUISITION COST TO ACQUIRE THE [01:50:01] PROPERTY. WHAT IT SOUNDS LIKE THE, ON THE PAR, THE PARKING SIDE OF IT, RIGHT HERE IN ZONING, I HAD HAD AN EXTRA PARKING RIGHT HERE BECAUSE AGAIN, THAT'S WHAT THEY HAD BEEN PARKING FOR DECADES AT THIS POINT. I MEAN, IT'S BEEN LIKE THIS FOR A VERY LONG TIME. SO I WAS TOLD THAT IF YOU REMOVE THIS HERE, THAT WAS PART OF THE ZONING, AT LEAST IN MY UNDERSTANDING WHEN I WAS STANDING RIGHT HERE IN FRONT OF THE ZONING COMMISSION, THEY SAID, IF YOU WOULD JUST REMOVE THIS SPOT RIGHT HERE, WHICH I HAD A PARKING SPOT RIGHT THERE, THEY SAID THEY WERE READY TO MOVE FORWARD WITH IT. I HAD NO PROBLEM WITH THAT. I WOULD TURN THAT BACK IN FROM A GRAVEL PARKING SPOT ESSENTIALLY, WHICH IS LIKE A CURB THERE, AN EMBANKMENT I GUESS YOU CAN SAY. MOVE THAT, PUT IT BACK TO GRASS, MAKE IT LOOK LIKE A NICE FRONT HOUSE AGAIN, LANDSCAPE IT AND EVERYTHING. UM, HERE I SAID THAT THERE'S AN ADDITIONAL SPOT. I MEAN, IMPROVING THE BACK HERE ALL THE WAY TO, I MEAN THAT, I DON'T KNOW HOW COSTLY THAT WOULD BE. I DON'T EVEN HAVE THE MONEY FOR THAT, TO BE QUITE HONEST WITH YOU. I MEAN, IF PUSH COMES TO SHOVE, I DID TALK TO TRAFFIC DIRECTLY. I WAS HERE RIGHT BEFORE THANKSGIVING, FOUR OR FIVE HOURS TALKING TO EVERY SINGLE DEPARTMENT FOR LIKE A PINBALL GOING BACK AND FORTH. I TALKED ABOUT HOW I CAN MAKE THIS DRIVEWAY A LITTLE BIT WIDER BASED ON CURRENT CODES. I CAN EASILY MAKE THIS DRIVEWAY WIDER FOR THE ACCESSIBILITY FACTOR FOR THE CARS TO COME IN AND OUT. I HAVE NO PROBLEM DOING THAT. UM, IT'S GONNA LOOK LIKE A NORMAL LITTLE PROPERTY. IT'S A FOUR UNIT PROPERTY. WE JUST WANNA OWN AND OPERATE THIS THING. I MEAN, THIS IS GONNA HAVE FUTURE RAMIFICATIONS FOR US DOWN THE LINE. THIS HAS BEEN A YEAR IN THE PROCESS AND WE'RE BARELY RIGHT HERE. SO CONTINUING IT AND HONESTLY WOULD BE AN EVEN BIGGER DEAL FOR US. THE PARKING HERE, THEY HAVE BEEN PARKING, I MEAN ALL OVER THIS PLACE. MY, THE, THE FOLKS WHO, MY NEIGHBORS CAN ATTEST TO THIS, I MEAN, WE'RE JUST TRYING TO GET THIS TAKEN CARE OF. I CAN EASILY IMPROVE THIS PART RIGHT HERE. UH, WE JUST STARTED FROM THE BACK MOVING FORWARD. WE WERE ISSUED PERMITS BY THE CITY OF SAN ANTONIO AFTER ZONING, WE WERE GIVEN THE QUOTE UNQUOTE GREEN LIGHT TO MOVE FORWARD WITH IT. I, I PUMPED MONEY INTO THE STRUCTURE NOT KNOWING THAT THIS WAS AS A BIG OF A HEARING AS IT ACTUALLY IS. AND I RESPECT EVERYBODY'S TIME HERE AND THAT'S WHY WE'RE JUST TRYING TO GET IT TAKEN CARE OF. SO IT'S NOT A BIG CONFUSION. THE THE PARKING HAS BEEN WORSE THAN THIS FOR YEARS IN THE PAST DECADES, IN FACT, YOU KNOW WHAT I MEAN? SO WE CAN GET THIS PROPERTY TAKEN CARE OF PROFESSIONALLY, WE CAN GET IT WORKING APPROPRIATELY AND, AND GETTING IT LOOKING TO THE CURRENT STANDARDS OF THE BEACON HILL AREA. YOU KNOW WHAT I MEAN? WE'RE HERE AND READY TO SAY WE CAN FIX THIS AND GET THIS PROPERTY LOOKING GOOD. SO I JUST WANTED TO CLEAR UP THAT I HAD ASKED FOR THIS ONE HERE AND THAT WAS REMOVED FROM ME AND THEN I SUBMITTED THIS AND THAT'S WHAT WAS APPROVED. THAT'S WHAT WE SPOKE IN FRONT OF CITY COUNCIL TO MOVE FORWARD HERE. UM, AND IN REGARDS TO THE COMMERCIAL SIDE OF THAT, I WAS TOLD, I MET WITH JAMES BAUM DIRECTLY. UM, I MET WITH THE CONSULTATIVE TEAM. I MET WITH TRAFFIC. HE WAS MENTIONING THAT COMMERCIAL IS A ONE PARKING PER UNIT. THAT'S WHAT I WAS TOLD, BECAUSE I'M GONNA GET TAXED LIKE THIS IS A COMMERCIAL PROPERTY FOR YEARS TO COME. UM, I HAVE TO PUT THE PROPERTY BACK TOGETHER IN A COMMERCIAL FASHION BECAUSE I HAVE, AFTER THIS, WE HAVE TO MEET WITH THE CONSULTATIVE TEAM AND THEY'RE GONNA TELL ME WHAT TO DO TO PUT IT BACK TOGETHER. IT'S NOT LIKE MY CHOICE. THEY'RE GONNA SAY, THESE ARE WHAT YOU GOTTA DO IN ORDER TO PUT THE STRUCTURE BACK TOGETHER, WHICH WE'RE HAPPY TO COMPLY, WE'RE GONNA HAVE NO PROBLEM DOING THAT. BUT IF I'M GONNA BE PUTTING IT BACK TO A COMMERCIAL STANDARD OR BASICALLY WHAT WE'RE TOLD THIS, THIS PARKING ISSUE IS, I, I FEEL IT'S GONNA BE A NON-ISSUE FOR US ON THE PROPERTY WISE, YOU KNOW WHAT I MEAN? LIKE THE, THE RESIDENTS CAN EASILY, I MEAN, CAN EASILY USE THE PROPERTY EFFICIENTLY AND NOT GET INTO A REALLY BAD SITUATION WITH PARKING STANDARDS. AND LIKE I SAID, IF PUSH COMES TO SHERIFF, HAVE NO PROBLEM DOING THIS RIGHT HERE AND FIXING THAT. I WAS ACTUALLY GONNA DO A PROPOSED NEW DRIVEWAY AND MAKE IT LIKE THIS. BUT THEY TOLD ME NO. SO I SAID, OKAY, NO PROBLEM. I, WHEN I MET WITH TRAFFIC, HE TOLD ME EXACTLY WHAT I CAN DO BASED ON MY CURRENT ZONING. AND HE SAID THAT IT HAS TO BE A SAN ANTONIO APPROVED PERMITTING PERSON OR A CONTRACTOR BECAUSE THEY HAVE TO PULL THE CITY'S PERMIT. THEY HAVE TO DO WORK ACCORDING TO HOW THE CITY SPECIFICALLY ONCE IT'S DONE. SO THAT CAN EASILY BE DONE THERE. SO I JUST WANTED TO EVERYBODY KNOW THAT THIS CAN BE DONE AND IT CAN BE TAKEN CARE OF IN A VERY PROFESSIONAL FASHION AND EXTENDING IT. I REALLY WISH WE CAN JUST GET IT DONE TODAY. THIS HAS BEEN A YEAR LONG IN THE MAKING FOR US. THANK YOU ORIAN. UH, DO YOU, WHAT IS THE SQUARE FOOTAGE OF THESE RENTAL UNITS? HOW BIG, HOW BIG, WHAT IS THE SCOPE OF, WHAT ARE WE TALKING ABOUT HERE? UH, TOTAL IS 1800 SQUARE FOOT. THE TWO UNITS IN THE FRONT, UH, UNIT 1 0 1 AND 1 0 2 THAT WERE JUST LABELED 600 A PIECE RIGHT HERE. THESE TWO ARE 300 AND 300 EACH ONE. UH, SO 600 TOTAL IN THE FRONT. I'M SORRY, 600 HERE. 600 HERE. 600 TOTAL ON THESE TWO. AND HOW MANY BEDROOMS ARE PROVIDED IN EACH ONE? THIS IS A 1 1 1 BEDROOM BATH. SAME HERE. THIS IS AN EFFICIENCY 300 SQUARE FOOT EFFICIENCY. OKAY, SO IT'S, IT'S NOT LIKELY THAT YOU'RE GONNA HAVE AN ENORMOUS AMOUNT OF PEOPLE LIVING THERE. CORRECT. OKAY, THANK YOU. THESE ARE ACTUALLY THE RENTALS THAT WERE GONNA BE JUST NORMAL MARKET RENT RENTALS. AND THEN RIGHT HERE, WHICH WAS A UNIT, WE'RE JUST TURNING THAT INTO STORES, LITTLE UNITS THAT PEOPLE CAN STORE THEIR STUFF THERE. MANNA. SO, UM, SO ON THE, ON THE DIAGRAM THERE, IT SHOWS KIND OF LIKE THE DRIVEWAY CUT ON THE LEFT SIDE, UH, SHY OF I GUESS THE SIDE OF THE HOUSE. AND SO IF THAT LINE WAS DRAWN STRAIGHT OUT, WHAT'S A DISTANCE FROM THE SIDE PROPERTY? UH, WE'LL SAY WE WILL SAY THE SIDE PROPERTY TO THE, TO THE, TO THAT CUTOUT FOR THAT HOUSE. SO HOW MUCH SPACE IS THERE BETWEEN THE TWO? BETWEEN [01:55:01] HERE AND HERE? OKAY. MM-HMM. , THAT'S ACTUALLY A PRETTY, PRETTY GOOD DISTANCE THAT ACTUALLY THE AWNING IS ACTUALLY RIGHT HERE AND EXTENDS TO ABOUT RIGHT THERE. UM, I MEAN IT'S EQUIVALENT ROUGHLY ABOUT A TRUCK AND A HALF LENGTH WIDTH-WISE. I MEAN, IF YOU WANNA, COULD WE FIT TWO CARS THERE SIDE BY SIDE? YES. YEAH, THE QUESTION WHERE I WAS GOING IS, CAN IT SUPPORT TWO CARS IN PARALLEL ALONG THAT PATH? IF YOU WIND THAT DRIVEWAY A LITTLE BIT RIGHT THERE. YES. RIGHT. AND IF YOU, IF I WERE TO WIDEN IT COMPLETELY, IT CAN FIT MORE THAN THAT. SO THERE IS A REQUIREMENT, I BELIEVE FOR SAN ANTONIO THAT ONLY 50% OF THE FRONT YARD CAN BE PAVED. AND SO THAT'S ONE OF THE CHALLENGES AND MAYBE WHY IT WAS THAT THEY, YOU KNOW, YOU HAD TO REMOVE THE OTHER ONE AND SO, SO THERE'S A 50% LIMIT AND SO, BUT THAT SAID THERE'S 50% AND SO, UM, AND HE'S HERE TO BE TRUE. WHAT QUESTIONS DO WE HAVE? ANY WITNESSES? FIRST WITNESS IS, LEMME SEE WHERE ADAM CLUTTER. ALRIGHT. YES, MS. CLUTTER. I'M GONNA NEED YOUR NAME AND ADDRESS FOR THE RECORD AND THEN YOUR POSITION. MY NAME'S KAREEN CLUTTER AND I LIVE AT 4 0 1 4 CINCINNATI AVENUE AND I'VE BEEN THERE FOR 50 YEARS. I KNOW. I WANNA COMMENT ON THOSE STRUCTURES IN THE BACK. THEY'VE BEEN THERE FOR 39 YEARS AND HAVE NOT BOTHERED ANYONE. THIS WAS BEFORE MR. AND MR. CON BOUGHT THE PROPERTY, SO THEY WERE NOT AWARE OF WHAT WENT ON THERE. I DO SO, BUT I ALSO WANNA COMMENT THAT, UM, THEY HAVE DONE A SIGNIFICANT IMPROVEMENT IN THAT HOUSE AND FOR THE, FOR THE COMMUNITY. I FEEL SAFER NOW BECAUSE ALL THERE WAS IS FIVE OR SIX CARS, P PARKING IN THE FRONT, UH, UNDESIRABLE PEOPLE, WHICH THEY EVICTED. I WAS HARASSED BY ONE OF THEM FOR THREE YEARS AND THEY HAVE DONE A FANTASTIC IMPROVEMENT AND I'M HERE TO SUPPORT THEM TO SUPPORT THE CHANGE. THANK YOU. THANK YOU MAX WOODWARD. MY NAME IS MAX WOODWARD, 8 2 3 FREDERICKSBURG ROAD, ALSO PRESIDENT OF THE UPTOWN NEIGHBORHOOD ASSOCIATION, WHICH INCLUDES THIS PROPERTY. UH, THANK YOU ALL FOR LETTING US SPEAK TODAY. WE'VE GOT A A FEW POINTS ON THE, UH, SPEAKING IN FAVOR OF ALL THREE REQUESTS HERE. UH, FIRST OF ALL, AS THE SITE PLAN INDICATES THERE WAS A STRUCTURE ORDERED TO BE REMOVED, UH, IN DOING SO, WE'VE EFFECTIVELY REMOVED THREE RESIDENTIAL UNITS SO FAR. THE INTENT OF THE U D C IS TO MAINTAIN THE SAFETY AND THE WELFARE OF THE NEIGHBORHOOD. STRIPPING AWAY AFFORDABLE HOUSING IS A, A RESULT IN THE OPPOSITE DIRECTION. UH, NUMBER TWO, THERE SEEMS TO BE A LOT OF ISSUE WITH PARKING. UH, I SUPPORT IMMINENT FAVOR OF THE VARIANCE TO THE PARKING REQUIREMENT AS WE INSIST ON PARKING AND ACCESS AND WAY TOO MUCH ON VEHICLES. WE'RE PLACING PRIORITY ON CARS OVER PEOPLE IF WE'RE EFFECTIVELY HAVING TO RAISE RESIDENTIAL DWELLINGS TO SUPPLY SUFFICIENT PARKING ACCORDING TO THE CODE. UM, WHICH BY THE WAY, THESE CONDITIONS ALL PRE-EXIST IN MANY CASES, AND THEY'RE, THEY'RE COMMON THROUGHOUT OUR NEIGHBORHOOD AND MANY, MANY OF THE URBAN HISTORIC NEIGHBORHOODS, THEY'RE NOT BUILT TO THE CODE BECAUSE THEY'RE BUILT BEFORE THE CODE. IT'S, IT'S OUR JOB NOW TO, TO INTERPRET THE CODE, NOT AS THE RULE OF LAW, BUT WHATEVER THE END OF THAT SPIEL IS. AND, UH, TO FURTHER REDUCE THIS FROM A SEVEN PLEX, A WORKING SEVEN PLEX WITH DECADES OF HISTORIC PRECEDENCE DOWN TO TWO, I THINK IS SHAMEFUL. AND, UH, ALL OF THIS CONTINUATION RESULTS IN ADDITIONAL UPFRONT COSTS FOR THIS YOUNG COUPLE WHO'S TRYING TO, UH, BUILD FOR THEIR FAMILY'S FUTURE AND ADD VALUE TO THE NEIGHBORHOOD. UH, FURTHERMORE, ALL THESE COSTS ARE GONNA BE PASSED ON TO THE, TO THE RESIDENTS OF THE UNITS IN THE FUTURE. AGAIN, HAVING A NEGATIVE EFFECT ON AFFORDABILITY IN OUR NEIGHBORHOOD, WHICH IS ALREADY STRUGGLING IMMENSELY. UM, THE ALLEY IS NON SERVICEABLE, SO ANY [02:00:01] INFRINGEMENT ON THE ALLEY SEEMS LIKE A NON-ISSUE AS FAR AS THE CANOPY GOES. NOT TO MENTION WHAT STAFF SAID ABOUT THAT BEING A GRANDFATHERED CONDITION THAT IS EXEMPT AND YOU'LL SEE FURTHER DOWN THE ALLEY WHERE THERE ARE FENCES, TREES GROW ALONG, FENCES, OVERGROWTH, IT TAKES OVER. AND SO THE CONDITIONS ON THE BACK OF THEIR PROPERTY ARE ACTUALLY FAVORABLE TO THE ALLEY. BEYOND THAT, I THINK IT'S UNFORTUNATE THAT THESE FOLKS HAVE HAD TO DEAL WITH THIS. THEY WERE SOLD A FALSE BILL OF GOODS, UH, ALTHOUGH I WOULD ARGUE THAT REALLY IT'S THE CODE THAT OUTGREW THE PROPERTY, NOT THE OTHER WAY AROUND. AND THAT, UH, MISTAKES HAVE ALREADY BEEN MADE TO FORCE THEM TO DEMO DEMOLISH EXISTING RESIDENTIAL STRUCTURES. AND SO, UH, VOTING IN FAVOR OF THE REQUESTED VARIANCES TODAY WOULD, UH, HELP TO RIGHT THAT WRONG, UH, OPPOSING. I THINK THERE'S A, A BIG CASE TO BE MADE HERE FOR THE DIFFERENCE BETWEEN THE INTENTION OF THESE CODES AND THE IMPACT. THAT'S THREE MINUTES. THAT'S ALL I'VE GOT. THANK YOU FOR CONSIDERING. YEAH, TERELLI, SO THIS IS THE UPTOWN NEIGHBORHOOD. YOU MENTIONED THAT TWO PARKING SPACES WOULD BE ADEQUATE IN THAT FOR THIS FOURPLEX. I I DIDN'T ACTUALLY MENTION THAT, BUT I'M SUGGESTING THAT PEOPLE ARE MORE IMPORTANT THAN VEHICLES. THEIR CURRENT TENANT DOESN'T HAVE A VEHICLE, BUT THE U D C CURRENTLY REQUIRING EACH NEW RESIDENTIAL UNIT TO ACCOMMODATE A CAR AND A HALF ESSENTIALLY MAKES IT ILLEGAL TO BUILD HOUSING FOR PEOPLE WITHOUT CARS. THAT'S A FUNDAMENTAL WRONG BEYOND THIS CASE. OKAY, WE ARE JUST TALKING ABOUT THIS CASE. WOULD YOU BE COMFORTABLE, WOULD YOUR THE NEIGHBORHOOD ASSOCIATION BE COMFORTABLE WITH THE IDEA OF TWO PARKING SPACES TOTAL FOR THE FOUR UNITS TOTAL? ABSOLUTELY, YES. OKAY. ARE THERE BUS ROUTES CLOSE BY? YES MA'AM. HOW CLOSE DO YOU KNOW? UH, LESS THAN A BLOCK AND A HALF AWAY FROM FREDERICKSBURG ROAD. THE MOST HIGHLY TRAFFICKED CORRIDOR IN SAN ANTONIO BY VIA THE HEADQUARTERS IS JUST, UH, THREE QUARTERS OF A MILE DOWN THE ROAD THERE. CINCINNATI IS ALSO A HIGHLY TRAFFICKED SECONDARY ARTERY. SO YES, PUBLIC TRANSIT IS READILY AVAILABLE AND THERE'S BIKE LANES ON THE STREET FOR MART MULTIMODAL TRANSPORTATION. OKAY, SO BIKE LANES ON THE STREETS. ARE THE SIDEWALKS SAFE FOR PEOPLE TO WALK TO AND FROM THE BUS STOP IN THIS RESIDENCE? YES, MA'AM. OKAY. THANK YOU. NOBODY ELSE SIGNED UP? I CAN YOUR MIC, SIR. ALRIGHT. WHICH, WHICH ONE'S ON NOW? . WE GOT YOU. ALL RIGHT. SO YOU, YOU COULD MAKE A STATEMENT IF YOU'D LIKE TO CONCLUDE OR, UH, TRUST IN, IN THE GOOD JUDGMENT OF THE BOARD OF ADJUSTMENTS. ALRIGHT, THANK YOU VERY MUCH. I'M GOING AHEAD AND CLOSE THIS TO THE PUBLIC. I'M ENTERTAINING A MOTION FROM THE BOARD ORIAN, MR. ORIAN, REGARDING CASE NUMBER BO O A DASH 19 DASH OH 3 0 0 1 54. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A 13.5 FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW FOR TWO RESIDENTIAL UNITS TO BE 6.5 FEET FROM THE REAR PROPERTY LINE. AND THREE, A FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FOOT FROM THE SIDE SETBACK SITUATED AT FOUR 11 CINCINNATI AVENUE, APPLICANT BEING ABRAHAM CONTRERAS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE AL ALREADY EXISTING STRUCTURE HAS ALREADY BEEN REHABILITATED AND THE FOOTPRINT IS NOT EXPANDING. THE, THE ATTACHED CARPORT HAS BEEN IN PLACE SINCE 2007 WITHOUT ANY COMPLAINTS. THE BOARD FINDS THAT THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP DUE TO THE STRUCTURE EXISTING AS A DETACHED ACCESSORY DWELLING UNITS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BY REQUIRING THE ENTIRE STRUCTURE TO BE MOVED TO MEET THE REAR SETBACK. THE ATTACHED CARPORT HAS ALSO BEEN EXISTING SINCE 2007. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. AND THE INTENT OF THIS SETBACK LIMITATION IS TO PREVENT FIRED SPREAD, ALLOW FOR ADEQUATE SPACE FOR MAINTENANCE, AND ENCOURAGE PROPER STORMWATER DRAINAGE. ALL INTENTS OF THIS LAW WILL BE OBSERVED IF APPROVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT [02:05:01] AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THESE VARIANCES WILL NOT SUBSTANTIALLY INJURE OR ALTER THE USE OF OR CHARACTER OF THE DISTRICT. SPECIFICALLY, THE VARIANCE WILL NOT PLACE THE STRUCTURES OUT OF CHARACTER WITHIN THE COMMUNITY. SIX, THE PLIGHT TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS AND IS NOT FINANCIAL IN NATURE. THE CHARACTER OF REAR YARDS WITHIN THE DISTRICT AND THE ATTACHED CARPORT ARE PREDOMINANTLY COMPACT, LEAVING LITTLE ROOM FOR PROPER BUILDING SETBACKS. END OF MOTION. SECOND. SECOND. SO I'M GONNA BE IN SUPPORT OF THIS. UM, I THINK IT'S GREAT THAT THEY'RE, UH, REDUCING THE IMPACT. UH, THE UNITS ARE RELATIVELY, UH, SMALL IN NATURE. UH, I THINK THAT BECAUSE OF THE RARE ALLEY, WHICH DOESN'T SEEM TO BE USABLE, UH, IT'S NOT GOING TO INFRINGE ON, UH, ANYTHING. AND IN FACT, THERE'LL BE A BENEFIT WITH THE, UH, SETBACK, UH, REDUCTION THAT THEY'RE REQUESTING. UH, AND SINCE THIS SITE IS RELATIVELY, UH, IN, IN A STATE OF WHICH IT HAS EXISTED FOR MANY, MANY, MANY, MANY YEARS, IN FACT THERE, THERE'S, IN THE LAST YEAR OR SO, THERE'S BEEN A REDUCTION OF IMPERVIOUS COVER, UH, DUE THE DEMOLITION OF THE, OF THE EXISTING BUILDING. I'M, I'M GONNA BE FOR THE TWO, UH, REQUESTS THAT I JUST READ IN MY MOTION. UNA UNA. SO THE WAY THE MOTION IS, IF IT'S APPROVED, THE TWO PARKING SPACES THAT ARE EXISTING TODAY WOULD NOT ALLOW THEM TO HAVE THE FOUR UNITS FOR MULTI-FAMILY UNITS. WE, WE HAVE TO READ IT AS A, AS A SPECIAL EXCEPTION. IT HAS TO BE DONE SEPARATELY. SO, SO WE'RE GONNA HAVE A SEPARATE MOTION TO ADDRESS THE PARKING? YES, SIR. OKAY. UNDERSTOOD. PAGE OVER. YES. TURN THE PAGE OVER. ANY, UH, ANYONE ELSE? YEAH, I ELLI, I, I JUST CONCUR WITH MY COLLEAGUE. I THINK THIS IS A, IS A DIFFICULT PROJECT. PROBABLY A LITTLE MORE THAN YOU EXPECTED WHEN YOU TOOK IT ON. UM, BUT I DO APPRECIATE THE FACT THAT YOU'VE BEEN THOUGHTFUL IN YOUR APPROACH AND ARE TRYING TO WORK WITHIN THE SET OF RULES THAT WE HAVE AND AT THE SAME TIME ADDRESSING ISSUES OF, OF, UM, OF HOUSING NEEDS. F I AGREE WITH MY COLLEAGUES AND I SEE THIS, UH, REAR SETBACK AND CARPORT ISSUE AS KIND OF, UH, SOMETHING YOU INHERITED IN PURCHASING THIS PROPERTY AND YOU'VE BEEN DOING WHAT YOU CAN TO MAKE IT THE BEST IT CAN BE GOING SO FAR IS REDUCING THE NUMBER OF UNITS, WHICH WE CAN OBVIOUSLY ASSUME REDUCES THE BOTTOM LINE OF THE FINANCIAL RETURN ON THIS PROPERTY, UH, IMMENSELY. UM, BUT AS WELL, WHEN I LOOK AT THIS NEIGHBORHOOD, IT IS NOT OUT OF THE ORDINARY TO HAVE THAT REAR STRUCTURE, WHETHER IT'S APARTMENT UNIT OR SHED OR GARAGE OR WHATEVER THE NEIGHBORS HAVE. THEY ALL HAVE 'EM. THAT'S VERY COMMON THAT PROPERTIES ARE BUILT UP TO THAT REAR ALLEYWAY, AND I DON'T SEE THAT BEING, UH, A NEGATIVE HINDRANCE TO THE PROPERTY OR THE NEIGHBORS OR THE CONTEXT IN THE FUTURE. UH, SO I'LL BE IN SUPPORT OF THIS, UH, MOTION AS IT'S READ. VERY GOOD. ANYONE ELSE? THAT BEING CASE, GO AHEAD, TAKE A VOTE. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. DR. ELLI. I CONCUR WITH THE FINDINGS OF FACT. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MS. CRUZ. YES, I CONCUR. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MR. NEFF. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT YOUR BATTLE. YES, I CONCUR. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION PASSES. UM, LET'S CONTINUE ON TO THE SECOND PORTION OF THIS, WHICH IS THE PARKING ADJUSTMENT. WHO WOULD LIKE TO READ THAT MOTION? I'LL TAKE THE MOTION, MR. CHAIR. ALRIGHT. REGARDING CASE NUMBER BO A 19 DASH 1 0 3 0 0 1 54, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR TWO, A PARKING ADJUSTMENT TO DECREASE THE SIX PARKING SPACES REQUIRED TO TWO PARKING SPACES SITUATED AT 4 1 1 CINCINNATI AVENUE, APPLICANT BEING ABRAHAM CONTRERAS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN UNNECESSARY OR UNNECESSARY HARDSHIP. UM, ACCORDING TO SECTION 35 5 26 B [02:10:01] SEVEN, THE U D C IN ORDER FOR PARKING MODIFICATION BE GRANTED, THE APPLICANT MUST DEMONSTRATE A HARDSHIP CREATED BY THE STRICT INTERPRETATION. UM, THE HARDSHIP HAS BEEN PRESENTED TO US TODAY, UM, GIVEN, UM, WHEREBY, UM, UM, WE, WE WERE, WERE NOTIFIED OF, OF, UM, YOU KNOW, EXISTING TENANT BASES, WHICH THEIR EXISTING TENANT DOESN'T HAVE A A CAR, SO IT DOESN'T NEED A PARKING SPACE. UH, THE PROPERTY IS LOCATED WITHIN A, UM, ACTIVE BUS ROUTE AND BOTH BIKE LANES ARE AVAILABLE AND ACCESS THROUGH SIDEWALKS ARE AVAILABLE. ADDITIONALLY, I WOULD NOTE THAT THERE ARE NO PARKING SIGNS ON EITHER SIDE OF CINCINNATI, AND SO ANY, UM, ANY PARKING VIOLATIONS ON THE STREET, UH, WOULD BE EASILY ENFORCED BY THE, UH, CITY, BY NEIGHBORS, BY CALLING THE CITY ENFORCEMENT TO REMOVE CARS ON EITHER SIDE OF THE, UH, OF CINCINNATI AVENUE, UH, WHICH IS KIND OF AN ENFORCEMENT MECHANISM TO, UM, UH, ALLEVIATE SOME OF THE PARKING ON STREETS. I WOULDN'T THAT OTHERWISE WOULD'VE BEEN CREATED. UH, FOR THAT I SUPPORT THE, UH, I I FINISHED THE MOTION. THANK YOU. SECOND. NOW, NOW WE CAN START THE DISCUSSION ON THAT. MR. ZUNA. SO I UNDERSTAND THE UNIQUENESS OF THIS SITUATION HERE. UM, I WOULD SUPPORT THE MOTION. I DO BELIEVE THAT IN TODAY'S, UM, WELL WITH THE CLIENT BASE THAT THE TENANT IS, IS TRYING TO ATTRACT FOR THE PROPERTY, THERE ARE GONNA BE, UM, TENANTS, WHICH, I MEAN THE MARKET WOULD SPEAK IF, IF, IF THE PEOPLE REQUIRING SPACES AND THEY CAN'T OFFER IT, HE'S NOT GONNA BE ABLE TO LEASE THE UNIT. SO I THINK THE, UH, UH, THE KIND OF A MARKET WOULD SPEAK TO THE NECESSITY OF HAVING THE PARKING SPACES OR NOT. UM, AND I THINK WITH THE ENFORCEMENT BEING THAT THERE ARE NO PARKING SI, NO PARKING SIGNS ON EITHER SIDE OF THE STREET, UH, IS A BUILT-IN ENFORCEMENT MECHANISM FOR ANY POTENTIAL VIOLATIONS OF, UH, STREET PARKING. SO, I MEAN, THAT, THAT'S MY THOUGHTS ON THAT MATTER. ALRIGHT, F MR. NEFF, THANK YOU. UM, I AGREE. UM, I APPRECIATE THE COMMENTS MADE BY MR. WOODWARD. I HOPE I REMEMBER YOUR NAME. UM, FROM THE NEIGHBORHOOD ASSOCIATION, UH, I AGREE WITH THE SENTIMENT IN MANY REGARDS. UH, AND NOT EVERYBODY HAS TO HAVE A LOT OF CARS. UM, I HAVE AN EXTRA CAR I DON'T REALLY WANT, BUT I ALSO OWN THE PROPERTY THAT CAN SUPPORT IT AND PARK IT OFF THE STREET AND DEAL WITH IT THAT WAY. UH, AND PEOPLE CHOOSE, I THINK WHAT, WHAT WILL WORK FOR THEM. AND AS MR. UNA SAID, THAT'S WHAT'S GONNA HAVE TO HAPPEN AT THIS PROPERTY. IF THIS MOTION PASSES TODAY, UM, YOU HAVE EFFICIENCY UNITS, YOU ARE CLOSE TO PUBLIC TRANSPORTATION. WE AS A CITY ARE PROMOTING PUBLIC TRANSPORTATION. UH, AND I HOPE THAT IN THE FUTURE THIS CITY WILL CONTINUE TO MOVE TOWARDS THAT, UH, EVEN MORE. AND I AGREE THAT PARKING STANDARDS ARE SOMEWHAT SEVERE IN THIS CITY. UH, YOU KNOW, LARGE PARKING LOTS FOR BIG BOX STORES, EXCESS PARKING FOR RESIDENTIAL PROPERTIES, UH, THOSE ARE CHANGES THAT I BELIEVE WOULD BE HELPFUL TO THIS CITY IN THE FUTURE AS IT GROWS. UM, I'LL BE SUPPORTING THIS MOTION AS WELL. ALRIGHT, ANYONE ELSE? ORIAN, MR. ORIAN? I JUST WANTED TO POINT OUT THAT, UH, I JUST FIND IT CURIOUS THAT IF THIS, UH, DEVELOPMENT HAD FIVE UNITS, THEY'D ONLY NEED FIVE PARKING SPACES, BUT WITH FOUR UNITS, THEY NEED SIX. UH, I JUST THINK THAT THAT'S JUST AN INTERESTING POINT I'D LIKE TO BRING OUT. UH, THAT HELPED ME, UH, ALSO AGREE WITH MY COLLEAGUES AND BE IN AGREEANCE THAT THIS SHOULD BE APPROVED. VERY GOOD. ALL RIGHT. UH, MONICA, LET'S GO AHEAD AND TAKE THE BOOK. MR. OZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. NEFF. I CONCUR WITH THE FINDINGS OF FACT. MR. TEO. YES, I CONCUR. DR. ZOI, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MS. CRUZ. YES, I CONCUR. MR. ORIAN. YES, I CONCUR THE FINDINGS OF FACT. MR. BRITTON. YES, MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. BATTLE. YES, I CONCUR, MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT AND, UH, THEREFORE THE MOTION DOES PASS. UH, GOOD LUCK THAT, UH, EVERYTHING GOES AS WELL. HAVE, UH, ANYONE REQUESTING A BREAK? I DO. I DO. AND I'M GONNA GIVE A 10 MINUTE BREAK HERE QUICKLY. I WANNA SAY THANK YOU. MERRY CHRISTMAS. ALL RIGHT. IS EVERYONE BACK AT THEIR PLACE? UM, NOTE THAT, UH, HENRY FRANK IS GOING TO BE SITTING IN FOR [02:15:02] BATTLE. OKAY. SO ONE, ONE ALTERNATE FOR ANOTHER. OKAY, LET'S CONTINUE FOR THE NEXT CASE. OKAY, CASE BO [5. 19-9171 BOA-19-10300148: A request by Kaufman & Killen, Inc. for a 7’variance from the 30’ rear setback requirement to allow a building tobe 23’ from the rear property line, located at 8338 and 8342 BroadwayStreet. Staff recommends Approval. (Council District 10) (RachelSmith, Planner (210) 207- 5407, rachel.smith@sanantonio.gov,Development Services Department)] O A 19 1 0 3 0 0 1 4 8 AND 8 3 3 8 AND 8 3 4 2 BROADWAY. THE APPLICANT IS VACCARO VENTURES REPRESENTED BY KAUFMAN AND KILLEEN. THE REQUEST IS FOR A SEVEN FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK REQUIREMENT TO ALLOW A BUILDING TO BE 23 FEET FROM THE REAR PROPERTY LINE. THE ZONING IS C THREE A H O D. THE PROPERTY CURRENTLY HAS TWO COMMERCIAL STRUCTURES THAT THE PROPERTY OWNER WILL BE REDEVELOPING. THE, THEY'RE PROPOSING TO DEVELOP A NEW, UH, CONVENIENCE STORE AND FUEL STATION WITH FUEL BASE THAT WILL RESULT IN THE DMI DEMOLITION. OF ALL THE EXISTING STRUCTURES ON THE SITE, THE APPROXIMATE DEPTH AVAILABLE ON THE SITE IS 141 FEET AND THE PROPERTY IS APPROXIMATELY 234 FEET WIDE. THE ONLY PLANS TO PLOT THIS PROPERTY AS ONE LOT AS IT IS CURRENTLY TWO. AND THE NEIGHBORING A BUDDING PROPERTIES ARE AN APARTMENT COMPLEX AND ANOTHER COMMERCIAL USE U D C SECTION 35 5 26 REQUIRES, UH, FOR A CONVENIENCE STORE WITH GAS SALES BETWEEN SIX AND 10 PARKING SPACES PER A THOUSAND GROSS FLOOR AREA, IN THIS CASE, 18 TO 30 PARKING SPACES WOULD BE REQUIRED. THE APPLICANT IS PROVIDING 25 PARKING SPACES WITH 17 SPACES BEING PROVIDED OUTSIDE OF FUEL BASES. FUEL BASE, NO MORE THAN 10% OF THE REQUIRED PARKING CAN BE PROVIDED BY FUEL BASE, WHICH THE APPLICANT IS MEETING WITH THE PROPOSED DESIGN. THE 90 DEGREE PARKING REQUIRES A MINIMUM AISLE WIDTH OF 25 FEET, WHICH THE APPLICANT HAS MET. THE APPLICANT IS ALSO MEETING THE LANDSCAPE BUFFER YARD REQUIREMENTS ALONG THE REAR AND FRONT PROPERTY LINES TO MEET CODE. THE APPLICANT WOULD EITHER NEED A PARKING ADJUSTMENT OR A REAR SETBACK VARIANCE. THE APPLICANT IS APPLYING FOR A REAR SETBACK VARIANCE IS MEETING ALL OTHER REQUIREMENTS WITH THE PROPOSED DESIGN. THE SUBJECT PROPERTY, THIS IS THE, UH, COMMERCIAL STRUCTURE TO THE SOUTH OF THE PROPERTY, THE SUBJECT PROPERTY. THIS IS THE EXISTING COMMAND STORE, UH, AND GAS STATION THAT WILL BE DEMOLISHED AS WELL. SUBJECT PROPERTY AND THE NEIGHBORING, UH, MULTIFAMILY DEVELOPMENT OBJECT PROPERTY NEIGHBORING PROPERTIES. STAFF RECOMMENDS APPROVAL OF THE VARIANCE IN BO O A 19 1 0 3 0 0 1 48 BASED ON THE FOLLOWING FINDINGS. FACT, THE APPLICANT WOULD BE UNABLE TO MEET BOTH THE PARKING AND BUILDING SETBACKS WITH THE PROPOSED DESIGN. THE APPLICANT IS ABLE TO MEET ALL OF THE REQUIREMENTS FOR THIS PROJECT. THE PROPOSED REDUCTION STILL ALLOWS ADEQUATE SPACE TO PREVENT FIRE SPREAD, ALLOW FOR STORM WATER MANAGEMENT ONSITE, AND ALLOW FOR ADEQUATE LIGHT AND SPACE FOR MAINTENANCE. WE MAILED 14 NOTICES RECEIVED TWO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. QUESTIONS, DO WE HAVE ANY QUESTIONS FOR STAFF ORIAN, UH, THE EXISTING GAS STATION AND, AND RESTAURANT? DO YOU KNOW HOW FAR AWAY THEY WERE FROM THE REAR PROPERTY LINE? UH, PRIOR TO AS COMPARED TO WHAT THEY'RE PROPOSING? THEY'RE CLOSER THAN WHAT THEY WERE PROPOSING. OKAY. THANK YOU. MM-HMM. , ANY ADDITIONAL QUESTIONS FOR STAFF? ALL RIGHT, LET'S BRING THE APPLICANT FORWARD. GOOD AFTERNOON, MR. CHAIR. BOARD MEMBERS. I'M ROB KILLEN, 100 WEST HOUSTON STREET HERE ON BEHALF OF THE PROPERTY OWNER REQUESTING THE VARIANCE. AND, UH, I KNOW STAFF AND THE BOARD KNOWS I TEND TO BE A LITTLE BIT LONG-WINDED ON THESE PRESENTATIONS. SO APOLOGIZE. IT'S ACTUALLY GONNA BE A SHORT ONE. UH, OUR CLIENTS WANNA BUILD A GAS STATION. THEY WANNA KNOCK DOWN EXISTING BUILDING BUILDINGS ON THE PROPERTY LINE RIGHT NOW, MOVING BACK 23 FEET FROM THE PROPERTY LINE, WHICH REQUIRES A SEVEN FOOT VARIANCE. I'VE ACTUALLY GOT SOME PICTURES WITH THIS, BUT, UH, I JUST WANNA SAY THANK YOU TO STAFF FOR THEIR REVIEW. UH, SO THIS IS ON BROADWAY, JUST ON SIDE FOUR 10. THE LOT IS, UH, NARROW. IT'S A DEPTH ISSUE. THAT'S THE UNIQUE FACTOR WE HAVE FOR US IS THE DEPTH OF THE LOT. THE BUILDINGS ARE ON THE SITE. WERE BUILT OBVIOUSLY BEFORE, UH, THE SETBACK REQUIREMENTS. ITS ZONE C THREE. THERE'S ACTUALLY ALREADY A CONVENIENCE STORE ON THERE. UH, A LITTLE SICK. UH, LIKE I SAID, WE'RE GONNA BE DOING A SEVEN 11. UH, WE'RE BACKED UP TO A MULTI-FAMILY PROJECT. IT'S A GREENBRIAR APARTMENTS. UH, THEY HAVE SIGNED A LETTER IN SUPPORT AND THEY WERE NOTED ON THE, UH, MAP AS BEING IN SUPPORT. SO WE TALKED TO THEM. WE ACTUALLY TOLD THE FOLKS AT GREENBRIAR SINCE, UH, THERE'S NO LANDSCAPING IN THE REAR RIGHT NOW. AND THEN AS WE REDEVELOP IT, WE'LL HAVE SOME LANDSCAPING AS THE BACK BUFFER. THEY CAN HELP US PICK OUT [02:20:01] THE SPECIES OF TREE AS LONG AS IT'S, UH, CONSISTENT WITH CODE. UH, SO THEY'RE HAPPY THAT WE'RE, UH, KNOCKING DOWN WHAT'S THERE. YOU CAN SEE THOSE BUILDINGS AND STAFF SHOWED THIS AS WELL, ARE BUILT RIGHT UP AGAINST THE PROPERTY LINE. UH, SETBACKS 30 FEET WHERE WE'RE GONNA BUILD 23 FEET BACK. SO IT'S A SEVEN FOOT VARIANCE. UH, YOU CAN SEE, ESPECIALLY THE RESTAURANT, UH, THEY'VE GOT A BUILDING AND A LITTLE BUMP OUT. THEY DID THEIR BUILD. IT'S BUILT RIGHT UP AGAINST THE PROPERTY LINE. UH, AND THIS IS WHAT WE'RE GONNA BE DOING. OUR, UH, WE'RE GONNA HAVE A 15 FOOT LANDSCAPE BUFFER. WE'RE GONNA APPLY WITH ALL CODES. WE WON'T NEED A PARKING ADJUSTMENT IF WE GET THIS VARIANCE. UH, APPRECIATE STATS REVIEW. AND LEMME JUST KIND OF BUMP TO THE, UH, THE PICTURES. YOU CAN SEE, SEE THIS UGLY LITTLE BUMP OUT, WHICH I'M SURE MEETS NO CODE. IT'S RIGHT THERE UP AGAINST THE GREENBRIER FOLKS BUILT THIS FENCE, JUST 'CAUSE THEY DON'T WANNA HAVE TO LOOK AT IT. BUT ONCE WE PUT THE LANDSCAPE IT IN, IT'LL PROVIDE SOME ADDITIONAL BUFFER AND, UH, MAKE IT A LITTLE LESS UNSIGHTLY. UH, AND THIS IS THE SITCO BUILDING. IT'S, UH, MR. ROY, AND YOU'D ASKED HOW FAR THAT WAS. I, I DON'T KNOW, KIND OF OUR, OUR BALLPARK GUESS ABOUT 15 FEET OFF THE PROPERTY LINE. SO THAT'LL COME BACK, UH, AS WELL. AND YOU CAN SEE WE JUST GOT, JUST GOT A LOT OF PAVEMENTS. IT'S REALLY NOT VERY ATTRACTIVE, BUT, UH, YOU CAN SEE THAT IF WE MOVE THE BUILDING UP THAT WE'VE GOT LESS ROOM TO PLAY WITH. SO THAT'S REALLY OUR CONSTRAINT IS THIS DEPTH OF PROPERTY. A COUPLE MORE PICTURES, UH, MOVING THE, UH, CURRENT STRUCTURE. BUT AGAIN, IT'S, IT'S PRETTY STRAIGHTFORWARD. THIS IS PROBABLY THE MOST STRAIGHTFORWARD THING YOU'LL EVER HEAR FROM ME. I'M NOT CITING ANY CASE LAW OR ANYTHING LIKE THAT. WE'RE NOT GETTING A DEEP LEGAL CONSTITUTIONAL PRINCIPLES HERE. UH, THE CIVIL ENGINEER FOR THE PROJECT IS HERE. UH, KIMBERLY HORN, IF YOU HAVE ANY QUESTIONS. UH, IF YOU DON'T, I'M JUST GONNA SIT DOWN AND SHUT UP THOUGH. UH, ORIAN, I HAVE A QUESTION. . SO, UH, ON THE SITE PLAN, I JUST WANTED TO VERIFY, THIS MAY BE A QUESTION FOR KIMBERLY HORN, BUT ARE YOU'RE, YOU'RE ACCOUNTING FOR THE RIGHT OF WAY, DEDICATION THAT'LL BE INEVITABLE DURING PLATTING, AND YOU'RE ST. AND AND SO YES, HE'S SHAKING HIS HEAD YES. GOOD AFTERNOON. RICHARD UNDERWOOD WITH KIMLEY HORN. 2 3 8 4 6 MISTY PEAK. AND YOU'RE CORRECT. YES, WE'RE ACCOUNTING FOR THE FIVE FOOT RIGHT OF WAY DEDICATION, AS WELL AS THE NEW, UH, 15 FOOT LANDSCAPE BUFFER ON THE FRONT THAT IS NOT THERE TODAY. IT, IT ALSO APPEARS YOU'RE REMOVING TWO DRIVEWAYS ON BROADWAY AND REPLACING IT WITH ONE DRIVEWAY. UH, WHICH BECAUSE IT'S AN ARTERIAL THAT IS CORRECT. IT'S, YEAH, SO THIS IS SAFER. LESS IMPERVIOUS COVER TOO. ALL RIGHT, GREAT. THANK YOU. ANYONE ELSE HAVE ANY QUESTIONS? NONE. ANY WITNESSES? I HAVE ONE SIGNED UP. I'VE GOT BRENT CLIFTON. OKAY. ALL RIGHT. HE'S CC, HE'S, UH, SURRENDERING HIS TIME, SO WE HAVE NO FURTHER, I THINK, UH, IT, IN ORDER TO SAVE TIME, WE'LL GO AHEAD AND CLOSE THIS TO THE, TO THE OPEN MEETING AND, UH, ENTERTAIN A MOTION TEAL REGARDING CASE NUMBER BO O A DASH ONE NINE DASH 0 3 0 1 48. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE SEVEN FOOT VARIANCE FROM THE 30 FOOT REAR SETBACK REQUIREMENT TO ALLOW A BUILDING TO BE 23 FEET FROM THE REAR PROPERTY LINE, SITUATED AT 8 3 3 8 AND 8 3 4 2 BROADWAY STREET, APPLICANT BEING KAUFMAN AND KILLEN INCORPORATED BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER. THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY THE SETBACKS THAT CONTRIBUTE TO THE DESIRED STREET FRONTAGE. PROVIDE SPACE TO PREVENT FIRE SPREAD, PREVENT WATER RUNOFF ONTO ADJACENT PROPERTY, AND ALLOW FOR MAINTENANCE WITHOUT TRESPASSING. THE REQUESTED REAR VARIANCE IS BEING SOUGHT DUE TO A SITE CONSTRAIN CONSTRAINTS TO ALLOW THE REQUIRED PARKING AND PRESERVE THE PROPOSED BUILDING SIZE. THE REQUESTED VARIANCE ALONG THE EAST PROPERTY LINE IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE SPECIAL CONDITIONS PRESENT ON THIS SITE ARE THAT THERE IS NOT AN ADEQUATE SPACE ON THE SITE TO MEET BOTH THE BUILDING SETBACK AND PARKING REQUIREMENTS. A LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO REDUCE THE SIZE OF THE BUILDING TO MEET THE REQUIREMENTS, WHICH WOULD BE AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE. THE BOARD FINDS THAT THIS VARIANCE OBSERVES THE SPIRIT OF THE ORDINANCE BY ALLOWING FOR ADEQUATE LIGHT SPACE MAINTENANCE AND STORMWATER RUNOFF. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE PERMITTED WITHIN THE [02:25:01] PROPERTY'S CURRENT BASE ZONING. DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE, APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REAR SETBACK IS UNLIKELY TO INJURE THE ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. THERE ARE SIMILAR PLACEMENTS ALONG THE BLOCK OF, ALONG THIS BLOCK OF BROADWAY, AND THE APPLICANT HAS ACTUALLY INCREASED THE DISTANCE BETWEEN THE APARTMENTS AND THE PROPOSED STRUCTURE. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES ON THIS PROPERTY ARE THAT THERE IS NOT ADEQUATE DEPTH TO PROVIDE FOR THE PROPOSED DESIGN AND MEET THE PARKING NOT ADEQUATE DEPTH TO PROVIDE FOR THE PROPOSED DESIGN AND MEET PARKING AND SETBACK REQUIREMENTS INTO MOTION. SECOND, SECOND, MR. TEAL, GO AHEAD AND LET'S START THE DISCUSSION. UH, YEP. THIS SEEMS PRETTY STRAIGHTFORWARD TO ME. UM, THEY'RE ACTUALLY INCREASING THE SETBACK MORE SO THAN WHAT IT IS TODAY AND INCREASING, UH, IMPER OR IMPERVIOUS SPACE. UH, SO I'LL BE IN FAVOR MS. CRUZ. UM, I WILL CONCUR WITH, UH, MY, MY COLLEAGUE AND, UM, I THINK THIS IS A GOOD PROJECT AND IT'LL, UH, BEAUTIFY THE, THE BROADWAY STREET WITH VERY NICELY. THANK YOU. ANYONE ELSE ANO MR. KEANO? YEAH, I'VE, UH, DRIVEN DOWN, DOWN THAT AREA ON THEIR END. IT ALWAYS LOOKED UGLY TO ME, SO I'M I'M, I'M GLAD THAT THEY'RE SPRUCING IT UP. AND I HOPE YOU DO A GOOD JOB THOUGH, . THANK YOU. ALL RIGHT. ANYONE ELSE? NONE. ALL RIGHT. LET'S GO AHEAD AND TAKE A VOTE. MONICA. MR. TEO? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. DR. ELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MR. ORIAN? YES, I CONCUR. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MR. NEFF. I CONCUR WITH THE FINDINGS OF FACT. MR. JIM MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. KEANU. YES, I CONCUR MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION PASSES, UH, YOU KNOW, THE RITUAL. SO THANK YOU VERY MUCH. Y'ALL HAVE A GREAT CHRISTMAS AND HAPPY HOLIDAYS. THANK YOU VERY MUCH TOO. YOU TOO. OUR NEXT CASE IS, UM, 1 5 3 [6. 19-9173 BOA-19-10300153: A request by Jose Quintero for a special exception to allow for (1) Type 2 short term rental unit, located at 1112 E Euclid Ave. Staff recommends Denial. (Council District 1) (Rachel Smith, Planner (210) 207- 5407, rachel.smith@sanantonio.gov, Development Services Department)] CASE BOA 19 103 0 0 1 5 3. THE ADDRESS IS 1112 EAST EUCLID AVENUE. THE APPLICANT IS JOSE QUINTERO, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL UNIT. THE ZONING IS I D Z TWO A H O D. THE SUBJECT PROPERTY WAS ACQUIRED BY QF PROPERTIES IN 2017. THE PROPERTY OWNER HAS RENTED THE PROPERTY SINCE THE ACQUISITION TO LONG-TERM TENANTS ON AND OFF, BUT WOULD NOW LIKE TO TRANSITION THE PROPERTY TO A SHORT-TERM RENTAL UNIT. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF ONE TYPE TWO SHORT-TERM RENTAL UNIT AT THE PROPERTY, WHICH IS ONE DWELLING UNIT IN THIS CASE. THE BLOCK FACE IS DEFINED AS ALL UNITS WITHIN THE SOJO CROSSING DEVELOPMENT ON THE EAST SIDE OF EAST EUCLID BETWEEN EAST MYRTLE AND EAST PARK. SAVE THE SIX UNITS, WHICH FACE EAST MYRTLE STREET AND ARE ADDRESSED AS SUCH. I'LL JUST NOTE THAT THAT RED BLOCK IS A LITTLE BIT OFF. SO THE SUBJECT PROPERTY IS THIS ONE RIGHT HERE. THE SECOND ONE, NO UNITS OUTSIDE OF THIS DEVELOPMENT COUNT TOWARDS THE BLOCK FACE IN THIS CASE. THERE ARE 21 LOTS ALONG THIS BLOCK FACE. AND ACCORDING TO AVAILABLE RECORDS, THERE ARE 21 DWELLING UNITS ON THE BLOCK FACE, RESULTING IN THREE TYPE TWO SHORT-TERM RENTAL UNITS PERMITTED BY RIGHT FIVE. TYPE TWO SHORT-TERM RENTAL PERMITS HAVE ALREADY BEEN APPROVED AT THE FOLLOWING ADDRESSES, WHICH YOU CAN SEE BELOW. IF THIS SPECIAL EXCEPTION IS APPROVED, THERE WILL BE A TOTAL OF SIX TYPE TWO SHORT-TERM RENTAL UNITS ON THE BLOCK FACE, RESULTING IN 29% OF THE BLOCK FACE OPERATING AS TYPE TWO SHORT-TERM UNITS. RECORDS ALSO INDICATE THAT ONE PROPERTY ON THE BLOCK FACE ACROSS EAST EUCLID AVENUE IS OPERATING AS A TYPE TWO SHORT-TERM RENTAL UNIT. 1115 ON THE ABUTTING BLOCK FACE ALONG EAST MYRTLE STREET, THERE ARE TWO TYPE TWO SHORT-TERM RENTAL UNITS. ONE TYPE ONE AT 8 0 6 EAST MYRTLE STREET AND ANOTHER [02:30:01] TYPE TWO AT EIGHT 10 EAST MYRTLE STREET ON THE ABUTTING BLOCK FACE ALONG EAST ELMIRA. THERE'S ALSO ONE TYPE TWO SHORT-TERM RENTAL UNIT AT 1123. AND THIS IS THE SUBJECT PROPERTIES FLOOR PLAN, UH, PROPOSING EIGHT GUESTS. AND THEN THIS IS THE, UH, ONE STOP MAP SHOWING THE BLOCK FACED AND THE EXISTING TYPE TWO AND TYPE ONE RENTAL UNITS. SO THE GRAY BOX IN THE CENTER THERE IS THAT BLOCK FACE THE SUBJECT PROPERTY. AND THIS IS THE SUBJECT PROPERTY, UH, TO THE REAR OF THE SUBJECT PROPERTY, ADJACENT PROPERTIES AND NEIGHBORING PROPERTIES. THE SUBJECT PROPERTY, UM, INTERIOR PHOTOS, STAFF RECOMMENDS DENIAL OF THE SPECIAL EXCEPTION AND B O A 19 1 0 3 0 1 53 BASED ON THE FOLLOWING FINDINGS EFFECT, THE REQUEST DOES NOT MEET ALL APPROVAL CRITERIA FOR THE OPERATION OF A TYPE TWO SHORT-TERM RENTAL UNIT. APPROVAL OF AN ADDITIONAL TYPE TWO SHORT-TERM RENTAL UNIT OPERATING ON A BLOCK FACE, WHICH ALREADY INCLUDES SEVERAL PROPERTIES OPERATING AS TYPE TWO RENTALS MAY RESULT IN A CHANGE OF CHARACTER IN THE NEIGHBORHOOD. APPROVAL WILL RESULT IN 29% OF THE BLOCK FACE BEING OPERATED AS SHORT-TERM TYPE TWO RENTALS. NOTIFICATION PLAN, WE MAILED 49 NOTICES RECEIVED TWO IN FAVOR FROM THE APPLICANT IN OPPOSITION. A TOTAL OF NINE A SEVEN ARE REPRESENTED IN THE RED XS TWO WERE OUTSIDE OF THE NOTIFICATION AREAS THAT AREN'T REPRESENTED ON THE MAP. AND WE RECEIVED A LETTER IN OPPOSITION FROM THE TOPEN HILL COMMUNITY ASSOCIATION. ANY QUESTIONS? BRUCE? STAFF CRUZ BRUCE. OKAY. MAYBE I WAS A LITTLE CONFUSED, BUT WHEN YOU'RE SAYING EIGHT PEOPLE PER U, IS IT PER UNIT THAT IT WOULD BE A SHORT TERM? MAX IS EIGHT PEOPLE THAT CAN STAY THERE, IN OTHER WORDS, YES. OKAY. THANK YOU. AND THIS IS ONE UNIT ENTIRELY? YES. IS THIS THE SAME? GO AHEAD. SURE. UM, YOU SAID SOMETHING ABOUT IT WASN'T MEETING ALL THE CRITERIA. YES. WHAT CRITERIA WAS NOT BEING MET? UM, THE, OH, I, I DON'T REMEMBER EXACTLY THE DENSITY AND THERE WE GO. THANK YOU. UM, OH, THE CHARACTER. SO CHANGING THE CHARACTER OF THE NEIGHBORHOOD. SO THERE WAS ONLY TWO YES. CRITERIA THAT WAS NOT BEING MET. YES. AND HAVE THE APPLICANT WAS THE APPLICANT INFORMED OF THAT? THE APPROVAL CRITERIA IS PART OF THE SPECIAL EXCEPTION APPLICATION. RIGHT. ANY OTHER QUESTIONS FOR STAFF? YES. MR. N EXPLAIN HOW THERE ARE ALREADY MORE UNITS THAN ALLOWED PER THE DENSITY OF THE BLOCK FACE. YES. SO PART OF THOSE WERE GRANDFATHERED IN. UM, GO BACK TO THE LIST. SO THE, UH, FIRST, OR ACTUALLY MOST OF THOSE, UH, 11 10, 11 58 AND 1146, I BELIEVE WERE GRANDFATHERED IN. THEY HAD TO HAVE HOT ACCOUNTS BEFORE NOVEMBER, 2018. AND THEN 1118, I BELIEVE ALSO WAS THE GRANDFATHERED. IS IT THE GRANDFATHER BASICALLY HAD HAD A HOT ACCOUNT BEFORE NOVEMBER 1ST, 2018 WHEN THE ORDINANCE TOOK EFFECT. SECOND, YOU HAD TO GET YOUR PERMIT BY FEBRUARY 11TH, UH, 2019 TO STILL FALL UNDER THE GRANDFATHERED. IF YOU FAILED TO MEET THAT DATE, YOU NO LONGER WERE GRANDFATHERED AND YOU HAD TO MEET ALL CRITERIA. SO THE FIRST THREE PERMITS WERE APPLIED FOR AND WERE APPROVED BECAUSE YOU WERE ALLOWED UP TO THREE. THE FOURTH ONE WAS ALREADY GRANDFATHERED, SO IT WAS ALLOWED BY WRIGHT AND THEY MADE AN, THEY MADE THE APPLICATION DEADLINE UNDER THE WIRE. THANK YOU. THAT'S WHAT I WAS LOOKING FOR. YEAH. AND THEN ONE WAS, IT'S GOING TO EXPIRE. CLARIFY. WHAT DOES THAT MEAN THAT IT'S GOING TO EXPIRE? UH, IT'S GOING TO BE REVOKED ON JANUARY 21ST OF NEXT YEAR. [02:35:01] THERE WAS AN AGREEMENT WITH THE CITY AND THE APPLICANTS ALONG WITH THE, UM, ASSOCIATION. OKAY. I GUESS RUTH. OKAY. SO WITH THAT BEING SAID, THAT ONE OF THEM WILL BE REMOVED AS A SHORT TERM LEASE. SO THAT WOULD STILL MAKE, WITH THIS ONE, THAT WOULD STILL MAKE THE NEIGHBORHOOD MORE THAN 28%. IS THAT CORRECT? YEAH. SO WHEN THE ONE EXPIRES, RIGHT NOW THERE ARE FIVE. WHEN THE ONE EXPIRES, THERE'LL BE FOUR. IF THIS ONE IS APPROVED, IT'LL STILL BE FIVE. SO IT'LL STILL BE OVER THE DENSITY. ADDITIONAL QUESTIONS, ORIAN. OH, ZUNA, JUST FOR CLARIFICATION, THE TYPE TWO WAS A UNHOSTED, IS THAT THE TOP TYPE TWO? YES. OKAY. THE ONES THAT WERE GRAND THAT WERE GRANDFATHERED THAT THEY APPLIED IN, UH, JANUARY, FEBRUARY OF 2019, THEY, THEY HAVE A THREE YEAR SHELF LIFE AS WELL? YES. OKAY. AND THEN THEY'D HAVE TO COME HERE. ALRIGHT, THANK YOU. IF, IF THE, THE DENSITY IS, IS REACHED ALREADY, YES. BRING FORWARD THE APPLICANT. AFTERNOON. UH, MY NAME'S JOSE TERRO, 1542 WEST TERRA ALTA. UH, THANK YOU FOR YOUR TIME. UH, SO TO START OFF, QF PROPERTIES, UH, WE'VE BEEN OPERATING SINCE, UH, WE'VE BEEN OPERATING FOR SEVEN YEARS NOW AND WE'VE NEVER HAD AN ISSUE. UH, WE'VE ALWAYS BEEN REPORTING OUR TAXES. WE ALWAYS, IT CREATES, UH, CREATES TAX REVENUE FOR THE CITY. UM, WE, WE SCREEN ALL OUR GUESTS. WE DON'T ALLOW PARTIES, WE DON'T ALLOW EVENTS. UH, WE CONSIDER OURSELVES TO BE FAIRLY STRICT ON WHO WE ALLOW. UM, UH, WE, WE REALLY TRY TO BE AS THOROUGH AS POSSIBLE. UH, RIGHT NOW, ONE, SO ONE OF THE UNITS THAT'S OPERATING CURRENTLY IS ACTUALLY OURS AS WELL. SO, UH, WE WERE NOT GREEN FLATTERED IN, WE APPLIED. WE MET ALL, UH, ALL THE, UH, QUALIFICATIONS OR REGULATIONS. UH, WE MADE SURE TO, TO GO THROUGH EVERYTHING. THE PROBLEM NOW REALLY IS JUST THE FACT THAT THE RATIO IS TOO HIGH. UH, IN TERMS OF THAT WE BELIEVE THAT THE NEIGHBORHOOD IS GOING THROUGH A TRANSITIONAL PHASE BECAUSE OF THIS. UH, I MEAN, IT'S, IT'S AN AREA OF TOWN THAT REALLY THRIVES OFF OF TOURISM. IT'S NOT, YOU KNOW, JUST ANY, UH, NORMAL NEIGHBORHOOD. IT'S A BLOCK AWAY FROM THE PEARL. UH, RIGHT THERE. THE, UM, THIS LOT RIGHT HERE IS ACTUALLY BEING REDEVELOPED INTO A 10 STORY BUILDING WITH 130 OR 325 UNITS. UM, SO OBVIOUSLY THIS AREA IS SEEING A LOT OF CHANGE. THEREFORE, WE, WE BELIEVE THAT IT'S JUSTIFIED TO HAVE A HIGHER RATIO OF SHORT-TERM RENTALS. UM, I UNDERSTAND, I UNDERSTAND THAT THE RATIO IS HIGH, BUT THE O THE ONLY OTHER OPTION FOR, FOR TOURISTS, ASIDE FROM SHORT-TERM RENTALS IN THE IMMEDIATE AREA, IS HOTEL IMA, HOTEL IMA, IT'S BEAUTIFUL, BUT I, I DON'T THINK THAT IT'S VERY LOGICAL TO EXPECT YOUR AVERAGE TOURIST THAT WANTS TO COME TO SAN ANTONIO TO PAY $500 A NIGHT FOR ONE ROOM. SO, UM, THE, THE LAST THING THAT I HAVE IS, SO A QUOTE FROM COUNCILMAN TREVINO, WHENEVER THE S T R POLICY WAS PASSED, HE SAID THE POLICY PUT FORTH TODAY ENSURES EQUITABLE DISTRIBUTION OF STRS ACROSS SAN ANTONIO AS IT'S FLEXIBLE IN AREAS WHERE STR ARE MORE ACCEPTED THAN OTHERS AND STRICTER IN AREAS WHERE THEY'RE NOT. THE KEYWORD THERE IS FLEXIBLE. SO THAT, THAT'S WHY WE ASKED, YOU KNOW, PLEASE TAKE THIS INTO CONSIDERATION. UM, LIKE I SAID, IT'S NOT ANY NEIGHBORHOOD, IT'S AN AREA THAT REALLY THRIVES OFF OF TOURISM. QUESTIONS. QUESTIONS. THE APPLICANT, O ZUNA, MR. UNA RIGHT HERE, WAS THERE ANY ATTEMPTS MADE TO TALK WITH ALL THOSE RED XS TO SEE IF WHAT YOUR PLAN IS OR TO GET, GET CONCURRENCE WITH THEM ON THE DENSITIES THAT WERE TRYING TO GET THE VARIANCE ON? OR, UM, THERE'S ACTUALLY GONNA BE A, UH, NEIGHBORHOOD ASSOCIATION MEETING FOR SOJO CROSSING, UH, THURSDAY TO, TO JUST TALK ABOUT WHY, WHY THIS IS AN ISSUE. 'CAUSE UM, I DUNNO IF, UH, I BELIEVE THAT THERE WAS ACTUALLY RECENTLY ANOTHER UNIT IN THE SAME DEVELOPMENT THAT IS ALSO REQUESTING, UH, A SHORT-TERM VARIANCE FOR, FOR, FOR THE SAME DEVELOPMENT. UH, WE PURCHASED THE, THE UNITS BACK IN 2017, AND AT THE TIME ABOUT, I WOULD SAY PROBABLY ABOUT HALF OF THE UNITS THAT WERE SOLD WERE SOLD TO, TO INVESTORS, WHETHER IT'S LONG-TERM RENTALS OR SHORT-TERM RENTALS. UM, I MEAN, OF THESE YOU CAN ACTUALLY SEE, SO I BELIEVE IT'S 56, 54 AND THERE'S ANOTHER ONE IN HERE SOMEWHERE. I THINK IT'S, I DUNNO IF IT'S 42. [02:40:01] UM, THOSE ARE ALL SHORT-TERM RENTALS. UH, REALLY 56 AND, OH, SORRY. SO SHORT, UH, SHORT ANSWER, NO, WE HAVEN'T ACTUALLY SPOKEN TO THEM YET. WE'RE TRYING TO MAKE AN EFFORT. UH, WE'LL WE, WE'LL BE TALKING TO THEM ON THURSDAY, BUT WE HAVEN'T HAD ANY INCIDENTS WITH ANY OF THE NEIGHBORS, UH, YOU KNOW, WITH THE OTHER, WITH THE OTHER UNIT THAT WE'VE BEEN OPERATING. WE HAVEN'T HAD ANY ISSUES. OKAY. WE HAVEN'T QUESTIONS FOR THE APPLICANT. ORIAN. SO YOU STATED THAT, UH, YOUR PRO FLEXIBILITY, BUT AT IT'S, THIS PLACE IS ALREADY OVER DOUBLE THE ALLOWED BLOCK FACE AMOUNT. SO AT, AT WHAT POINT DO YOU CONSIDER IT, WHERE, WHERE'S YOUR THRESHOLD OF FLEXIBILITY ON THIS? I MEAN, I JUST HAVE TO ASK IS THERE'S SO MUCH OPPOSITION. SO, YOU KNOW, WE HAD, THERE'S A LOT OF THINGS THAT WE HAD TO TAKE IN CONSIDERATION, BUT WHEN YOU START GETTING MORE THAN DOUBLE IN FOR HIGH DENSITY DEVELOPMENT LIKE THIS, I'M TRYING TO FIGURE OUT, YOU KNOW, WHERE YOU'RE COMING FROM AND WHAT YOU THINK FLEXIBILITY IS. UH, I GUESS I'M LUCKY I'M NOT ON THE BOARD. I DON'T HAVE TO MAKE THAT DECISION, UH, . BUT YEAH, I MEAN, THERE'S DEFINITELY A THRESHOLD. UM, AND SO I GUESS THIS IS WHERE, YOU KNOW, I ASK YOU GUYS TO REALLY TAKE THAT INTO CONSIDERATION IT. UM, BUT I'LL, I'LL REITERATE, YOU KNOW, IF WE HAVEN'T HAD ANY INCIDENTS WITH ANY OF OUR TENANTS, UM, AND IT'S CREATING TAX REVENUE FOR THE CITY AND IT'S OFFERING, UH, PROVIDING OPTIONS TO, UH, POTENTIAL TOURISTS, UM, I THINK YOU HAVE TO LOOK AT THE PROS AND THE CONS. I I DON'T KNOW IF I'M DOING A GOOD JOB OF EXPLAINING THAT OR NOT, BUT I, I CAN'T REALLY SPEAK FOR THEIR, FOR THE OTHER NEIGHBORS. IF I HAVEN'T ACTUALLY HAD A CHANCE TO SPEAK WITH THEM, I'LL, I'LL SPEAK WITH 'EM ON THURSDAY. OKAY. THANK YOU. ANY OTHER QUESTIONS? ALL RIGHT, UH, WE HAVE ANY WITNESSES? WE HAVE THREE SIGNED UP. FIRST IS SARAH WILSON, FOLLOWED BY CHRIS DUNN. ALL RIGHT, PLEASE HAVE A SEAT. WE'LL CALL YOU BACK. WILSON. HELLO, SARAH WILSON. UH, 1120 EAST EUCLID, UH, NICE AS YOU GUYS AGAIN. WE WERE HERE LAST MONTH ON THIS SAME ISSUE AND IT WAS DENIED. UM, FIRST TIME HERE AS A BOARD MEMBER. WE HAVE, UM, UNANIMOUSLY, UNANIMOUSLY DECIDED THAT WE DO NOT WISH TO HAVE MORE. WE ARE IN THE PROCESS OF MAKING THIS FIRM WITHIN OUR BYLAWS. HOW MANY WE WOULD LIKE, WE WOULD LIKE TO STICK WITH THIS CURRENT CITY LIMITS, UM, ONCE THE GRANDFATHERING GOES AWAY. I'M ALSO HERE AS A HOMEOWNER. I LIVE NEXT DOOR TO ONE OF MR. QUINTEROS RENTAL UNITS. AND KNOW HE HAS STATED TO YOU SEVERAL TIMES THERE HAVE BEEN NO ISSUES. THAT IS NOT TRUE. UM, I DON'T KNOW IF Y'ALL REMEMBER FROM LAST TIME THERE WAS A LITTLE PARTY THAT HAPPENED ON MY ROOFTOP IN THE MIDDLE OF THE NIGHT FROM RENTERS IN ONE OF HIS UNITS NEXT DOOR TO ME. SO I TAKE OFFENSE TO THAT. THERE HAVE BEEN PROBLEMS, WE'VE HAD A LOT OF PROBLEMS WITH OUR RENTALS AND WE DO NOT WISH TO HAVE ANYMORE. THIS IS MY HOME. UM, HE WAS INCORRECT WHEN HE SAID THAT OVER HALF OF THE UNITS WERE SOLD TO INVESTORS. THEY WERE NOT. WE HAVE A MAJORITY, A VAST MAJORITY OF HOMEOWNERS THAT LIVE ON THE PROPERTY AND WE'RE HAVING TO SUFFER WITH A CONSEQUENCES OF THE SHORT-TERM RENTALS. ORIAN, WAS YOU THROUGH WITH YOUR PRESENTATION? YES, SIR. ALRIGHT, GO. LET'S DO THAT. ORIAN, GO AHEAD. SO, UM, REGARDING THIS CASE, DID YOU, DID YOUR BOARD HAVE A, A, A MEETING OPEN TO THE RESIDENTS AND, UH, THAT WAS ANOTHER INTERESTING POINT. UM, THERE HAS BEEN NO REACH OUT TO THE BOARD, UM, TO DISCUSS THIS OR TO ME PERSONALLY AS A NEIGHBOR. UM, WE DO HAVE A BOARD MEETING SCHEDULED FOR THURSDAY. IT HAS NOTHING TO DO WITH MR. UH, QUINTEROS CASE. UM, THERE IS A LINE ITEM ON THE AGENDA TO REPORT THE FINDINGS OF THIS HEARING. THAT'S IT. THE REASON IT WAS CALLED WAS FOR SOMETHING TOTALLY DIFFERENT. OKAY. THANK YOU ELSE HAVE A QUESTION. ALRIGHT, THANK YOU VERY MUCH. NEXT WITNESS, NEXT PERSON ON DECK IS GONNA BE MARTIN KUSHNER. KUSHNER, WE NEED YOUR NAME AND ADDRESS FOR THE RECORD. YES SIR. MY NAME IS CHRIS DUNN. I LIVE AT 1130 EAST EUCLID, I HAD MENTIONED TO YOU AS THE SECOND PERSON WAS CHRIS DUNN. OKAY. UH, AS SARAH SAID, ONLY SIX WEEKS AGO, I WAS, YOU KNOW, WE WERE ALL HERE. I WAS ONE OF THE OTHER PEOPLE HERE, UH, EXPRESSING OUR CONCERNS ABOUT AN IDENTICAL REQUEST [02:45:01] BEING MADE FOR A SPECIAL EXCEPTION TO ALLOW ANOTHER TYPE TWO SHORT-TERM RENTAL UNIT IN OUR COMMUNITY. AND THE BOARD DENIED THAT REQUEST. WE'RE BACK HERE TODAY BECAUSE YET ANOTHER REQUEST FOR A SPECIAL EXCEPTION IS BEING MADE. I FEEL IT SHOULD ALSO BE DENIED IF FOR NO OTHER REASON THAN OUR BLOCK FACE ALREADY EXCEEDS THE NUMBER OF TYPE TWO PERMITS ALLOWED BY THE CITY. BUT THERE ARE OTHER FACTORS TO CONSIDER WHEN EIGHT OR 10 OR MORE PEOPLE ARE STAYING IN A TOWN HOME THAT WAS NEVER DESIGNED TO ACCOMMODATE THAT MANY RESIDENTS AND MANY OF WHICH HAVE A ONE CAR GARAGE. IT WREAKS HAVOC ON OUR PARKING, WHICH IS ALREADY STRETCHED TO THE LIMIT. SECONDLY, SHORT-TERM RENTERS WHO CAN'T REMEMBER OR DON'T KNOW, ENTRY CODES HAVE SEVERAL TIMES CAUSED CONSIDERABLE DAMAGE TO OUR PEDESTRIAN AND OUR, UH, MAIN GATES. WE'VE ACTUALLY HAD TO SPEND SEVERAL THOUSAND DOLLARS MAKING REPAIRS BECAUSE OF THAT. WE'VE ALSO HAD TREMENDOUS PROBLEMS WITH EXCESSIVE TRASH ACCUMULATION, ESPECIALLY ON WEEKENDS AND ON HOLIDAYS. AS A RESULT, THE HOMEOWNER'S ASSOCIATION, AGAIN, HAS HAD TO SPEND MONEY WE'VE HAD TO DOUBLE THE NUMBER OF TRASH PICKUPS TO OUR COMMUNITY. FINALLY, I WOULD LIKE TO REITERATE AGAIN THE IRONY OF THE STATEMENT THAT THERE HAD BEEN NO ISSUES WHEN SARAH IN HER UNIT, 1120 HAD PEOPLE CLIMB THROUGH THE, UH, ROOF, UH, YOU KNOW, AREA OF, OF THEIR RENTAL AT 1118, WHICH BY THE WAY, IS OWNED BY THE APPLICANT AND GOT ONTO HER ROOF IN THE WEE HOURS OF THE MORNING TO HAVE A PARTY. SO THESE ARE THE KIND OF ISSUES WE HAVE DEALT WITH. AND SO THEREFORE, FOR ALL THESE REASONS, I RESPECTFULLY ASK THE BOARD NOT TO GRANT THIS REQUEST. HOLD ON A SECOND. DO WE HAVE ANY QUESTIONS FOR THIS WITNESS? OKAY, ONLY QUESTION I WOULD HAVE IS THAT DID ANYONE CALL THE POLICE FOR THIS? THESE VIOLENCE? I'M NOT AWARE, I WAS NOT AWARE OF THE INCIDENT AT THE MOMENT THAT IT HAPPENED. I FOUND OUT VERY SOON AFTER, I DO NOT KNOW IF THERE WAS A, A POLICE REPORT MADE THAT NIGHT. AND THERE ARE MANY OTHER EXAMPLES, BUT FOR BREVITY, I DIDN'T WANT TO GO INTO THEM. BUT WE'VE HAD, FOR EXAMPLE, DOCTORS TRYING TO GET TO THEIR OFFICES OR TO HOSPITALS WHOSE ACCESS OUT OF THEIR GARAGE WITH THEIR CARS HAD BEEN BLOCKED. THERE'VE BEEN MANY OTHER INSTANCES. I JUST THOUGHT THAT THAT WAS A PARTICULARLY EGREGIOUS ONE. ALRIGHT, THANK YOU VERY MUCH FOR YOUR TIME, SIR. YOUR TIME, SIR. AND THANK YOU FOR YOUR TIME. APPRECIATE YOU SHOWING UP. NEXT IS MARTIN KUSHNER AFTERNOON. MY NAME IS MARTIN KUSHNER. I LIVE AT 4 0 5 EAST MYRTLE STREET. STILL DO, AND I HAD THE PLEASURE OF SPEAKING IN FRONT OF THIS BOARD JUST A FEW WEEKS AGO. UM, I AM VERY THANKFUL THAT CITY STAFF HAS REMAINED CONSISTENT ON THIS ISSUE. SOJO WAS BROUGHT UP SEVERAL WEEKS AGO AND SIMILAR, DIFFERENT PEOPLE WANTING TO MAKE S T R OUT OF ONE OF THESE PROPERTIES. STAFF SAID NO, THEY DIDN'T. THEY RECOMMENDED DENIAL AND THIS BOARD RECOMMENDED DENIAL. I STRONGLY BELIEVE THAT FOR COMMISSIONS AND BOARDS TO WORK, THEY HAVE TO BE CONSISTENT. YOU COULDN'T GOT GOT, YOU COULD NOT GET ANY MORE CONSISTENT THAN THE SAME LOCATION, THE SAME PROPERTY, THE SAME PEOPLE ARE COMING BACK AGAIN, NOT IN THIS CASE THE SAME PEOPLE FOR THEIR UNIT, BUT THE SAME ISSUE. AND IT WOULD SEND A VERY BAD MIXED RESULT IF ON ONE CASE, THIS, THIS GROUP SAID NO. AND THEN ON ANOTHER CASE, IDENTICAL CASE, THEY SAID YES IN THE SAME LOCATION. WE ARE DEALING WITH RESIDENTS AND WE ARE DEALING WITH PEOPLE IN THIS PARTICULAR CASE THAT BOUGHT THE PLACE AND RENTED IT OUT LONG TERM TO RENTERS AND THEY PROVED IT COULD WORK BECAUSE THEY RENTED IT. NOW THEY'RE GOING AND SAYING, WE DON'T WANT THE LONG-TERM RENTERS IN, WHICH WOULD BE ACCEPTABLE, I THINK TO THE NEIGHBORHOOD. WE WANT TO HAVE SHORT-TERM RENTAL, WHICH IS A WHOLE DIFFERENT THING AS YOU ALL ARE AWARE. SO I COMMEND STAFF AND I HOPE YOU WILL TAKE INTO CONSIDERATION THE PEOPLE THAT LIVE IN SOJO AS RENTERS, AS OWNERS AND RENTERS AS WELL, AND HONOR THEIR NEIGHBORHOOD WITH NOT INCREASING THE NUMBER OF SHORT-TERM RENTALS. SO THANK YOU SO MUCH FOR YOUR TIME. HOPE I DON'T HAVE TO SEE YOU AGAIN. [02:50:01] , WE MAY HAVE A QUESTION FOR YOU. SURE. DO WE HAVE ANY? SURE. THANK YOU FOR YOUR TIME. THANK YOU MR. CHAIRMAN. AND THAT'S IT. ALL RIGHT. UH, LET'S SEE HERE WHERE YOU MAY APPROACH THE PODIUM, PLEASE. YOU'VE HEARD, UH, THESE, UM, ASSESSMENTS, UH, AGAINST YOU AND OTHER PROPERTIES ON THERE. WHAT IS YOUR RESPONSE TO THIS? UH, TO CLARIFY, AS FAR AS I KNOW, THERE WAS NO POLICE REPORT. UM, I, I DON'T KNOW ABOUT THAT INCIDENT. UM, WE WERE TOLD ABOUT IT BY THE BOARD. I WAS TOLD BY ONE MEMBER, ONE MEMBER ON THE BOARD THREE MONTHS AFTER IT HAD HAPPENED. AND WHENEVER THAT HAPPENED, WE REACHED OUT TO HER IMMEDIATELY. I I NEVER GOT YOUR LETTER POINT OF ORDER. WE, WE SPOKE TO HER POINT OF ORDER. I SENT HER AN EMAIL DIRECTLY. I COPIED JIM PLETZ THE HEAD OF THE BOARD OF DIRECTORS ON IT, AND HE, HE CAN ATTEST TO THAT POINT OF ORDER. LOOK FOR THE EMAIL. YEAH, THAT'S FINE. THAT NOW OKAY. POSES TO THE PUBLIC. AND I'M GONNA, UH, ENTERTAIN A MOTION FROM THE BOARD OTTER, DR. ELLI, REGARDING BO O A I CASE NUMBER BO O A DASH 19 DASH 0 3 0 0 1 53. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO RENTAL UNIT SITUATED AT 1 1 1 2 EAST EUCLID AVENUE, APPLICANT BEING JOSE QUINTERO. UM, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL, THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THE PROPERTY APPEARS TO BE WELL KEPT. THERE'S AMPLE OFF STREET PARKING, NOTHING ABOUT THE TOWNHOME PLACES THAT OUTTA CHARACTER WITH THOSE IN THE IMMEDIATE VICINITY. THIS DISTRICT HAS A COMBINATION OF TOWNHOME DWELLINGS, SINGLE FAMILY DWELLINGS AND COMMERCIAL USES. THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THERE IS NO RECORD OF CODE ENFORCEMENT OR SAN ANTONIO POLICE ACTIVITIES ON THIS PROPERTY. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE PROPERTY HAS NO CODE VIOLATIONS. THE APPLICANT COULD PROVIDE DATA SHOWING THAT OCCUPANCY RATES FOR THE LONG TERM RENTAL IN THE NEIGHBORHOOD AND PROPERTY VALUATIONS FOR THE NEIGHBORHOOD WILL NOT BE NEGATIVELY IMPACTED BY THE REQUEST, WHICH COULD MITIGATE THIS FINDING ADEQUATE UTILITIES ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED DURING THE VISIT TO THE SITE. THE BOARD HAS NOTED THAT THERE IS PLENTY OF OFF STREET PARKING FOR GUESTS OF SHORT-TERM RENTAL. THE STRUCTURES ALREADY EXIST WITH ADEQUATE UTILITIES. THE APPLICANT OR THE OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES, UM, CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 12 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF APPLICATION, THE APPLICANT IS SPEAKING A, SEEKING A SPECIAL EXCEPTION TO OBTAIN A TYPE TWO SHORT-TERM RENTAL. AS SUCH, NO PREVIOUS PERMIT HAS BEEN REVOKED. THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS STILL USED PRIMARILY, PRIMARILY AS A RESIDENCE WITHIN THIS DEVELOPMENT. THE HOME IS NOT UNLIKE OTHER HOMES IN THE COMMUNITY. END OF MOTION. SECOND MOTION IS A SECOND. DOCTOR, WOULD YOU BEGIN, PLEASE? UH, WE READ THESE IN THE AFFIRMATIVE BECAUSE THAT IS THE APPROPRIATE WAY TO READ THESE, BUT I WILL NOT BE IN SUPPORTIVE THIS SHORT TERM, UM, OF THIS APPLICATION. YOU KNOW, I DO THINK THE CASE THAT WE HAD A FEW WEEKS AGO AND THIS CASE ARE IN FACT DIFFERENT. THEY HAD DIFFERENT ELEMENTS AND WE DO LOOK AT EACH CASE INDIVIDUALLY. AND IN CONSIDERING THIS SITUATION, UM, THE DENSITY HAS REACHED A LEVEL THAT IS IN EXCESS OF WHAT THE NEIGHBORHOOD DESIRES. AND IT'S WELL IN EXCESS DOUBLE THAT WHICH THE ORDINANCE, UM, LAYS OUT. IT IS OUT OF IT IS CHANGING THE CHARACTER OF THE NEIGHBORHOOD. THIS IS MY NEIGHBORHOOD. I LIVE, UM, A FEW BLOCKS FROM HERE. I WALK PAST THIS NEIGHBORHOOD. I SEE THE PARKING ISSUES, I SEE THE TRASH ISSUES. WHILE CERTAINLY THE PEARL IS [02:55:01] A TOURIST DRAW, STAYING WITHIN WALKING DISTANCE OF THE POOR PEARL IS NOT REQUIRED TO ENJOY THE PEARL. UM, AND SO, YOU KNOW, I JUST DON'T FIND THAT TO BE A TERRIBLY COMPELLING ARGUMENT. UM, AS FAR AS OTHER THINGS, I MEAN THIS, THIS NEIGHBORHOOD, THIS BLOCK FACE, UM, HAS A LOT OF SHORT-TERM RENTALS. WELL IN EXCESS OF THE 12.5%. I THINK WE NEED TO GIVE SOME MORE TIME TO THE SHORT TERM RENTAL OR ORDINANCE AND ALLOW, UM, AND ALLOW US TO SEE HOW THIS SETTLES OUT AS OPPOSED TO JUMPING TO THIS KIND OF EXCESSIVE, UM, PERCENTAGE IN ANY BLOCK PHASE. ALRIGHT, UH, MR. ORIAN, PLEASE? SURE. UM, I AGREE WITH MY COLLEAGUE AL ALSO BEING IN, UH, NOT IN SUPPORT, UH, OF THIS, UH, REQUEST. UM, I THINK THAT, YOU KNOW, WHEN YOU'RE ALREADY OVER DOUBLE AND, UH, THE, THE, THE, THE NEIGHBORHOOD DOESN'T, DOESN'T, ISN'T IN SUPPORT OF YOU. STAFF IS NOT IN SUPPORT AND JUST WITH THE DENSITY, UH, I MEAN I JUST CAN'T, I CAN'T BE BEHIND THIS. SO I'LL BE VOTING. NO. ANYONE ELSE WANTED TO MAKE? YES, MR. NAT. THANK YOU. THERE WAS A LONG PROCESS INVOLVED IN CREATING THIS ORDINANCE AND THAT DENSITY, UH, MAXIMUM WAS CREATED THROUGH THAT DISCUSSION. AND THERE WAS A LOT OF BACK AND FORTH TO GET TO THAT POINT. I DON'T THINK ANYONE WAS HAPPY WITH THAT NUMBER, BUT THAT IS WHERE THE ORDINANCE, UH, LANDED IN THE END. AND I BELIEVE WE SHOULD BE RESPECTING THAT, ESPECIALLY IN THE FIRST YEAR AFTER PASSING SUCH AN ORDINANCE. UH, AS WELL, UH, THE RETURN RECEIPTS RECEIVED FROM ALL OF THE NEIGHBORS WITHIN THE COMMUNITY AND SURROUNDING THE COMMUNITY ALL SAID SIMILAR THINGS THAT SHORT-TERM RENTALS HAVE HAD A NEGATIVE IMPACT ON THEIR COMMUNITY, UH, WITH PARKING ISSUES, TRASH ISSUES, NOISE ISSUES, UM, AND EVERYONE KIND OF HAD DIFFERENT COMMENTS, BUT IT JUST GOES TO SHOW THAT THE SHORT TERM RENTAL UNITS WITHIN THIS COMMUNITY DO HAVE A NEGATIVE IMPACT ON THAT COMMUNITY. SO I CANNOT SUPPORT THIS, UH, APPLICANT'S REQUEST. THANK YOU. ANYONE ELSE? NONE BEING THE CASE. LET'S GO AHEAD AND TAKE A VOTE. DR. ELLI. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. TEO. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. I DO NOT CONCUR. MS. CRUZ. NO, I DO NOT CONCUR. MR. BRITTON? NO. MR. OZUNA? NO, I DO NOT CONCUR. MR. NEFF. NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. KEANO. NO, I DO NOT CONCUR. MR. MARTINEZ. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MOTION FAILS. UH, PLEASE GET WITH STAFF AND LET'S GET GOING. ON THE NEXT ONE, PLEASE. IF, UH, AT UH, FOUR 20, WE'RE GONNA BE DROPPING DOWN TO A, UH, 10, 10 MEMBERS. UH, IT LETS YOU KNOW THAT, UM, STILL REQUIRES NINE FOR PASSAGE. SO LET'S CONTINUE SINCE EVERYONE'S BEEN ALERTED TO THIS. [7. 19-9188 BOA-19-10300151: A request by Barrington Pryce for a special exception to allow for three (3) Type 2 short term rental units, located at 8111 Landing Avenue. Staff recommends Denial. (Council District 4) (Debora Gonzalez, Senior Planner (210) 207- 3074, debora.gonzalez@sanantonio.gov, Development Services Department)] A B O A 19 1 0 3 0 0 1 51. IT'S LOCATED AT 81 11 LENDING AVENUE APPLICANT BARRINGTON PRICE. UH, SONY MF 33 M L O D TWO M L R ONE AH HHO. THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW FOR THREE TYPE TWO SHORTTERM RENTAL UNITS. AND HERE WE HAVE THE LOCATION, UM, AERIAL VIEW, STEP CORNER PROPERTY. THE SUBJECT PROPERTY WAS ACQUIRED BY CIRCUM INVEST PROPERTY, UH, INVEST GROUP IN FEBRUARY 20 18TH. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF THREE ADDITIONAL TYPE TWO SHORT-TERM RENTAL UNITS AT A PROPERTY WITH A TOTAL OF 12 APARTMENT UNITS FOR A SHORT, FOR A TOTAL OF FIVE STR TYPE TWO AT THE APARTMENT COMPLEX. THE OWNER HAS RECEIVED APPROVED APPROVAL OF TWO TYPE TWO RETRO RENTALS. A UNIT IS DEFINED AS HAVING ITS OWN DISTRICT, UH, ITS OWN DISTINCT SLEEPING AREA. UM, KITCHEN AND BATHROOM. TYPE TWO INDICATES THAT THE OWNER OPERATOR OF THE PROPERTY DOES NOT OCCUPY THE SITE AS THEIR PERMANENT LEGAL RESIDENCE. PER THE RECENTLY ADOPTED CODE, MULTI-FAMILY PROPERTIES ARE PERMITTED TO HAVE AT LEAST ONE AND UP TO 12.5% OF THE UNITS OPERATED AS TYPE TWO SHORT-TERM RENTALS. NO MORE THAN 50% OF THE TOTAL UNITS IN A MULTI-FAMILY [03:00:01] BUILDING WOULD BE ALLOWED TO BE SHORT-TERM RENTAL UNITS AS THIS WOULD CONSTITUTE A CHANGE OF USE TO A HOTEL AT LEAST ONE TYPE ONE, UM, AT LEAST ONE TYPE TWO SHORT-TERM RENTAL SHALL BE PERMITTED PER MULTI-FAMILY DEVELOPMENT. REGARDLESS OF THE TOTAL NUMBER OF UNITS IN THE DEVELOPMENT, THE FIRST TWO UNITS ARE PERMITTED BY RIGHT. HOWEVER, THE PROPERTY OWNER WILL, WILL REQUIRE A SPECIAL EXCEPTION FOR THE REMAINING THREE UNITS, UH, AS THIS IS OVER THE 12.5, UH, OF THE TOTAL 12 UNITS FROM THE MULTIFAMILY BUILDING. IF THE FIVE UNITS ARE APPROVED, IT WILL BRING THE PROPERTY UP TO 25 40 5% OUT OF THE 50% LIMITATION. HERE IS THE SITE PLAN. UM, AND THEY ARE NO NEARBY SHORTTERM RENTAL PROPERTIES OTHER THAN THIS COMPLEX RISTA SUBJECT PROPERTY INSIDE THE UNIT. IMAGES PROVIDED BY THE PROPERTY OWNER. NEIGHBORING PROPERTIES, HOWEVER, COMMENCE DENIAL OF THE VARIANCE IN B O A 19 1 0 3 0 0 1 51 BASED ON THE FOLLOWING FINDINGS EFFECT, THE REQUEST DOES NOT MEET ALL APPROVAL CRITERIA FOR THE OPERATION OF THREE ADDITIONAL TYPE TWO SHORT-TERM RENTALS. THE APPROVAL OF THREE ADDITIONAL TYPE TWO SHORT-TERM RENTAL OPERATING ON A BLACK FACE, WHICH IS ALREADY, WHICH ALREADY INCLUDES SEVERAL PROPERTIES OPERATING AS TYPE TWO. SHORT-TERM RENTALS MAY RESULT IN A CHANGE OF CHARACTER IN THE NEIGHBORHOOD. APPROVAL WOULD RESULT IN 45% OF THE COMPLEX BEING OPERATED AS A SHORT-TERM RENTAL TYPE TWO MAY ON 25, 20 NOTICES ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO COMMENT FROM THE NEIGHBORHOOD ASSOCIATION. QUESTIONS YOU HAVE ANY QUESTIONS FOR STAFF? ORIAN HISTORIAN, UH, DID ANYBODY CALL IN PROVIDE ANY COMMENTARY EVEN OUTSIDE THE 200 FEET? NO, I DIDN'T RECEIVE ANYTHING. OKAY. AND, UM, IS THERE ANY, IS THERE BUS STOPS IN THIS AREA? UM, I DO NOT RECALL SEEING ANY INSIDE THE STREET. AND IS THERE A, UH, HOW MANY BEDROOMS DO EACH OF THESE UNITS HAVE? I WOULD YIELD TO THE APPLICANT ON THAT, BUT I THINK IT'S A ONE BEDROOM. I WAS JUST SAYING, 'CAUSE I NOTICED THERE'S I THINK 1817 PARKING SPACES AND THERE'S 12 UNITS, CORRECT? YES, THERE ARE, UH, PLENTY. THERE IS PLENTY OF PARKING SPACE, BUT I DON'T KNOW HOW MANY BEDROOMS EACH UNIT HAS. OKAY. ALL RIGHT. THANK YOU. ANY ADDITIONAL QUESTIONS FOR STAFF? NONE BRING FORTH THE APPLICANT. HELLO, BOARD, MY NAME IS BARRINGTON PRICE. I RESIDE AT 3 1 8 EDGEBROOK LANE. THE SUBJECT PROPERTY THAT WE HAVE THERE IN IN QUESTION IS 8 180 1 11 LANDING AVENUE. AND WHILE I WAS NEVER BRAVE ENOUGH TO ENLIST IN, IN OUR MILITARY SERVICE AS, UM, NATIVE SAN ANTONIO ENTREPRENEUR, I WANTED TO PROVIDE A SERVICE FOR OUR LOCAL AIR AIRMEN. AND SO WITH THAT, UH, AS FATE WOULD HAVE IT, I CAME ACROSS THE APTITUDE APARTMENTS, WHICH ARE LOCATED 1.9 MILES AWAY FROM LACKLAND AIR FORCE BASE. SO WITH THAT IS SINCE JUNE WHEN I HAD THE FIRST APARTMENT, I'VE HOSTED 27 FAMILIES OF LOCALLY NEW NEWLY ENLISTED AIRMEN. AND SINCE SEPTEMBER AND WHEN I WAS GRANTED THE, THE, THE SECOND ONE, I HAVE HOSTED 16 FAMILIES, ALL OF WHICH HAVE BEEN HERE TO SEE THEIR LOCAL AIRMEN GRADUATE. AND SO THAT IS THE, THE DEMOGRAPHIC OF, OF WHICH I AM PROPOSING IN, IN HERE TODAY. AND TO FURTHER EXPAND THAT SERVICE FOR OUR LOCALLY, OUR NEW NEWLY ENLISTED AIRMEN, I HAVE, I'VE DONE MY HOMEWORK. AND WHILE THERE WAS NO OFFICIAL RESPONSE TO YOUR, TO, TO THE, UH, WHAT WAS ACTUALLY MAILED OUT, UH, I DO HAVE ON THE BLOCK FACE WITHIN OUR APARTMENT COMPLEX, THERE'S 12 UNITS. WITH THE TWO THAT I HAVE, THERE ARE FOUR OTHER NEIGHBORS AND THAT A PARTICULAR UNIT, I WAS ABLE TO GET THREE OF THE, THREE OF THE FOUR NEIGHBORS TO SIGN OFF, UH, IN SUPPORT OF MY MOTION OF, OF WHAT I'M DOING, UM, THAT CAN BE PRESENTED HERE. IN, IN ADDITION, I, I'D LIKE TO COMMEND THE CITY OF SAN ANTONIO BECAUSE AS I HAVE COMPARED OTHER MARKETS AS POLICIES ON SHORT-TERM RENTALS, I BELIEVE SAN ANTONIO HAS ONE OF THE BEST IN THE NATION AS FAR AS SOMETHING THAT IS FAIR, [03:05:01] THAT IS LOOKING OUT TO PROTECT THE LOCAL RESIDENTS, BUT IS ALSO DOING WHAT IT CAN TO PROTECT OUR, OUR TOURISM INDUSTRY. WHAT I WILL SAY IS THAT IN A MOMENT, IF WE CAN GO BACK TO, TO THE AERIAL VIEW, WE HAVE OTHER APARTMENT COMPLEXES DIRECTLY ACROSS THE STREET IN BOTH LANDING AVENUE AS WELL AS, I BELIEVE IT'S THE ALTITUDE STREET THAT HAVE VACANCIES AT THEIR APARTMENT. CURRENTLY, THE SACRED HEARTS APARTMENT, WHICH IS ONE OF THE ONES THAT WE, THAT WE SAW EARLIER, HAS THREE UNITS THAT ARE STILL AVAILABLE TO, TO BE FOR RENT. AND THEN THE GOODWIN APARTMENTS, WHICH IS SOUTH, UH, UH, JUST ACROSS THE STREET ON ALTITUDE STREET HAS ANOTHER VACANT APARTMENT. IF I WAS TO BE GRANTED THIS, UH, THIS EXCEPTION TODAY, THERE WOULD STILL BE THREE ADDITIONAL APARTMENTS THAT WOULD BE STILL LEFT VACANT AT THE APTITUDE APARTMENT. AND SO I, I BRING ALL OF THIS TO SAY THAT WHILE, UH, I, I UNDERSTAND THAT MOST SHORT-TERM RENTALS HAVE NOT HAD A POSITIVE IMPACT ON THEIR NEIGHBORHOODS, TRANCING, THIS EXCEPTION TODAY WOULD HAVE A POSITIVE IMPACT ON THE NEIGHBORHOOD BECAUSE IT, ONE, WE ARE NOT DETERRING LOCAL RESIDENTS FROM HOUSING OPPORTUNITIES. TWO, UH, WE ARE ONE OF THE TENANTS, UH, SPECIFICALLY AT 1102 IS HELPING ME OUT AND IS PROVIDING THE, THE TURNOVER, THE TURNOVER SERVICE FROM WEEK TO WEEK FOR, FOR NEW FAMILIES AND WHICH IS ALLOWING THEM TO HAVE SUPPLEMENTAL INCOME FOR, YOU KNOW, FOR THEIR, FOR THEIR DAY-TO-DAY EXPENSES. WITH, WITH THAT SAID, UM, I, I HOPE I CAN FURTHER MY EXPANSION IN DELIVERING TO, TO OUR NEWLY ENLISTED AIRMEN. THANK YOU. ALRIGHT. UM, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? CRUZ, MS. CRUZ, GO AHEAD. I'M SORRY. ARE ALL THE APARTMENTS, UH, ONE BEDROOM OR TWO BEDROOM? NO, UH, ALL THE APARTMENTS AT THIS UNIT HAVE THE SAME FLOOR PLAN, AND THEY'RE ALL TWO BEDROOM, ONE BATH. SO YOU'RE SAYING MAX OF, UH, EIGHT PEOPLE IN THE APARTMENT AT ONE TIME? THAT IS CORRECT. OKAY, THANK YOU ORIAN. SO YOU HAD, YOU HAD MENTIONED THAT YOU HAVE TWO, UH, TYPE TWO STR, UH, CURRENTLY FOR HOW LONG? THE FIRST ONE I'VE HAD SINCE JUNE OF 2019, AND THE SECOND ONE WAS GRANTED IN SEPTEMBER OF 2019. AND YOU FEEL LIKE THAT THE, THE, THE MARKET WOULD SUPPORT UP TO THREE MORE? YES, SIR. AND THEN HOW LONG AND HOW LONG HAVE YOU, UH, OWNED THIS FACILITY? SO I AM THE DESIGNATED OPERATOR. WHAT I HAVE DONE IS I HAVE SIGNED THE LEASE WITH CIRCUM IN INVESTMENT GROUP. I APOLOGIZE BECAUSE I DID NOT SET THE CORRECT EXPECTATIONS. WHEN THEY HAD ASKED HOW LONG THIS MEETING WOULD RUN, I HAD TOLD THEM TWO, MAYBE THREE HOURS, THEY WERE NOT ABLE TO STAY TO, TO MY PRESENTATION HERE, BUT THEY ARE IN SUPPORT OF, SO HOW, HOW, UH, DO YOU HAVE ANY HISTORY OF, OF, OF THE VACANCY RATE AT THIS PLACE? I'M TRYING TO FIGURE OUT, YOU KNOW, LIKE, BECAUSE IF YOU DO STR YOU'RE TAKING AWAY FROM AVAILABLE RENTALS, UH, FOR LONG-TERM, UH, FOR THE NEIGHBOR, FOR THE COMMUNITY, RIGHT. SO I'M TRYING TO FIGURE OUT IS, IS IS THIS GONNA HINDER THAT? I KNOW YOU HAD MENTIONED THERE WAS NEIGHBORING APARTMENTS AND YOU SEEM TO BE SURROUNDED BY APARTMENTS, SO I THINK THERE'S SEEMS TO BE PLENTY OF APARTMENTS IN THE AREA, BUT, UM, YOU KNOW WHAT, I'M JUST TRYING TO FIGURE OUT, YOU KNOW, IT'S, ARE YOU TAKING AWAY FROM A, A NEED THAT MIGHT BE, UH, PRESENT IN THIS AREA? UH, GREAT, GREAT QUESTION. SO THESE APARTMENTS WERE BUILT IN FULLY OPERATING IN FEBRUARY OF THIS YEAR. SO THEY'RE, THEY'RE RELATIVELY EARLY. HOWEVER, UH, CURRENTLY AS OF TODAY THERE ARE 50% OCCUPIED AND THAT INCLUDES THE, THE CURRENT TWO TYPE TWO RENTALS THAT, THAT I AM, UH, HAVING, IF I WAS GRANTED ANOTHER THREE, THERE WOULD STILL BE THREE ADDITIONAL VACANT A APARTMENTS AVAILABLE FOR LOCAL RESIDENTS. IN ADDITION, THERE ARE ANOTHER SIX IN THE, THE, IT'S NOT BLOCK FACE, THE AFTER READING THIS, THE CITY ORDINANCE, BUT DIRECTLY ACROSS THE STREET ON LANDING AVENUE AS WELL AS DIRECTLY ACROSS THE STREET, THE, THE CROSS STREET APTITUDE. THERE ARE OTHER, UH, APARTMENT VACANCIES THAT ARE AVAILABLE FOR LOCAL RESIDENTS. THEN DO YOU HAVE, UH, AS THE OPERATOR, YOU, YOU KNOW, WITH, IF, IF YOU WERE TO HAVE FIVE ST, YOU KNOW, THERE'S ALWAYS THIS, UH, FEAR OF HIGH TRAFFIC, TRASH, UH, OTHER THINGS ASSOCIATED THAT PEOPLE PUT IN THE NEGATIVE WITH THESE, UH, DO YOU HAVE, UH, WHAT SORT OF PROGRAM DO YOU HAVE IN PLACE THAT WHERE YOU WOULD HAVE LIKE MONITORING PERHAPS? OR WHAT ARE YOU GONNA DO TO ENSURE, TO MAKE SURE, JUST TO MAKE SURE THAT THESE WOULD BE ADEQUATELY RUN AND OPERATED? ABSOLUTELY. GREAT QUESTION. SO AS, AS I HAD MENTIONED AT 11 0 2, 1 OF THE, THE RESIDENTS THERE IS HELPING ME UNOFFICIALLY WITH THE, UH, JUST TURNING THEM OVER, RIGHT? BEING, BEING THE CLEANING STAFF. I ALSO, WITH, WITH EACH RESERVATION, I GIVE THEM THE, THE, THE CONTACT INFORMATION FOR THAT RESIDENT SO THAT IF THERE'S ANY ISSUES [03:10:01] OF, OF ANY SORT, WHETHER IT BE LONG-TERM RESIDENTS THAT ARE STAYING THERE AT THE APARTMENT COMPLEX OR A A DIFFERENT PARTY IS THERE AND THERE'S, YOU KNOW, ANY, ANY NOISE DISTURBANCE TO, TO CONTACT ME RIGHT AWAY. AND THEN I ESSENTIALLY HANDLE IT. MY, MYSELF AND I DO THAT IN ORDER OF OPERATION OF FIRST CONTACTING THE GUEST, LETTING THEM KNOW, AND I, I SAY THIS BECAUSE I HAVEN'T HAD TO DO IT, BUT THIS IS MY ORDER OF OPERATIONS IN THE EVENT THAT IT WOULD OCCUR IS THAT I WOULD FIRST CALL THE GUEST, FIND OUT WHAT'S GOING ON DIRECTLY FROM THEM, AND THEN FROM THERE ESCALATE IT TO, TO THE AUTHORITIES CALLING IN THE, CALLING IN THE, UH, THE POLICE TO, YOU KNOW, HANDLE THE SITUATION. ANY ADDITIONAL QUESTIONS? NONE. DO WE HAVE ANY WITNESSES? NOBODY SIGNED UP TO SPEAK. ALL RIGHT. UH, PLEASE, UH, CONCLUDE YOUR, UH, PRESENTATION. ANY ADDITIONAL INFORMATION YOU THINK WE MIGHT NEED? ALL THANK YOU VERY MUCH. I'M CLOSING THIS TO THE PUBLIC AND ENTERTAINING A MOTION. ORIAN IAN, CONTINUE REGARDING CASE NUMBER BO EIGHT DASH 19 DASH 1 0 3 0 0 1 51. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR THREE ADDITIONAL TYPE TWO SHORT-TERM RENTAL UNITS SITUATED AT 8 1 1 1 LANDING AVENUE, APPLICANT BEING BARRINGTON PRICE. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE A TOTAL OF FIVE SHORT-TERM RENTALS IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THE PROPERTY APPEARS TO BE WELL KEPT. THERE IS AMPLE OFF STREET PARKING AND NOTHING ABOUT THE MULTI-FAMILY COMPLEX PLACES IT OUT OF CHARACTER WITH THOSE IN THE IMMEDIATE VICINITY. THIS DISTRICT HAS A COMBINATION OF MULTIFAMILY DWELLINGS, SINGLE FAMILY DWELLINGS, AND COMMERCIAL. THERE'S 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. THE OPERATION OF THE SHORT-TERM RENTALS ARE NOT LIKELY TO CAUSE TO CAUSE OF A PUBLIC NUISANCE. THE BOARD CAN FIND NO RECORD OF PREVIOUS CODE ENFORCEMENT ACTIVITIES ON THIS PROPERTY. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO NEGATIVELY IMPACT ADJACENT PROPERTY OWNERS BECAUSE THE STRUCTURES AND CHARACTER WITH THOSE AROUND IT. THERE'S NOTHING VISIBLE FROM THE STREET THAT WOULD INDICATE THE PRESENCE OF A SHORT-TERM RENTAL. D ADEQUATE UTILITIES, ACCESS, ROAD STORM, DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE, HAVE BEEN OR ARE BEING PROVIDED. THE BOARD HAS NOTED THAT THERE IS PLENTY OF OFF STREET PARKING FOR GUESTS OVER THIS OF THE SHORT-TERM RENTAL. THE STRUCTURE ALREADY EXISTS WITH ADEQUATE UTILITIES. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR. PRIOR TO THE DATE OF THE APPLICATION, THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ATTAIN A TYPE TWO SHORT-TERM RENTAL. AS SUCH, NO PREVIOUS PERMIT HAS BEEN REVOKED. F THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS STILL BEING USED PRIMARILY AS A MULTI-FAMILY USE FROM THE STREET. THE COMPLEX IS NOT UNLIKE OTHER STRUCTURES IN THE COMMUNITY AND OF MOTION. SECOND, UH, NORMALLY, UM, I'M, I'M HESITANT, UH, TO GET BEHIND, UM, UM, INCREASING WELL BEYOND THE, THE 12.5% THRESHOLD FOR SDR R TYPE TWOS. BUT FOR THIS PARTICULAR CASE, UH, BECAUSE IT'S ALREADY SURROUNDED BY APARTMENTS, THERE IS NOBODY AGAINST THIS, UH, I MEAN, NOT ONE PERSON, NOT EVEN THE NEIGHBORHOOD ASSOCIATION. AND IT, IT SEEMS TO BE, UH, SET UP ADEQUATELY FOR THE USE. PLENTY OF PARKING, PLENTY OF GREEN SPACE, PRETTY NICE FLOOR PLANS, UM, YOU KNOW, TWO BEDROOM, ONE BATH. I THINK THAT THIS IS APPROPRIATE FOR THE AREA AND SINCE HIS, UH, OCCUPANCY RATE ISN'T, ISN'T MAXED OUT, I THINK THIS IS A, A, AN ALTERNATIVE THAT HE CAN PURSUE FOR THE NEXT THREE YEARS TO, UH, TO MAINTAIN HIS PROPERTY AND HIS, AND, AND HIS BUSINESS ENDEAVOR. SO I'LL BE IN SUPPORT OF THIS APPLICATION. CHRIS? UM, YES, I'M GONNA CONCUR WITH MY COLLEAGUE HERE. I THINK, UH, THIS IS, UH, SOMETHING THAT HE HAS WORKED ON. IT LOOKS LIKE IT'D BE A NICE AREA. IT'S A REAL NICE AREA AND I KNOW IT'S SOMETHING THAT I'M SURE THE, UH, UM, LACKLAND WOULD SUPPORT ALSO. THANK YOU. HAD ANYONE ELSE? OH, ZUNA ZINA. SO I'LL, I'LL BE IN CONCURRENT AS WELL. I MEAN, THE, THE LOCATION OF OF THIS PROJECT IS SO FAR REMOTE OR REMOVED FROM LIKE THE TOURIST ERA AREA OF THE CITY. I MEAN, IT LENDS ITSELF TO THE LACKLAND RECRUITS AND, AND IT'S, I BELIEVE WOULD SERVE A, A, A DISTINCT FUNCTION OF [03:15:01] SERVING THE MILITARY, UH, WITH THIS, UH, SHORT-TERM RENTAL. SO I'LL BE SUPPORTING THE, THE MOTION. MR. NAV, I DISAGREE WITH MY COLLEAGUES. UM, I BELIEVE THAT THE ORDINANCE WAS WRITTEN WITH A SPECIFIC DENSITY, UH, FOR THE PURPOSE OF PROTECTING OUR HOUSING STOCK WITHIN THIS CITY. AND BY EXCEEDING THAT TIME AND TIME AGAIN, WE WILL BE ELIMINATING HOUSING OPPORTUNITIES FOR PEOPLE IN THE CITY THAT DESERVE IT. UM, WHILE TOURISM TO LAN AIR FORCE BASE MAY BE A GREAT THING, I DON'T BELIEVE IT NEEDS TO BE PROVIDED FOR AT THE COST OF HOUSING. IN TERMS OF VACANCY RATES, THE APPLICANT HIMSELF STATED THAT THIS IS A NEW BUILD CONSTRUCTION AND THERE IS NO DATA ON VACANCY BECAUSE IT HASN'T BEEN, UH, RENTED OUT YET. SO I DIDN'T HEAR ANY CONCLUSIVE EVIDENCE THAT SAYS THAT THERE'S A, A LACK OF RENTERS, UH, POTENTIALLY LOOKING FOR THIS. UH, I WILL NOT BE IN FAVOR OF THIS MOTION. ANYONE ELSE? FISHER? YES. I ALSO WILL BE NOT IN SUPPORT OF THIS, UH, FOR THE REASONS OUTLINED AND BY MY COLLEAGUE. WHAT ELSE? OKAY, WELL, LET'S GO AHEAD AND TAKE THE VOTE. UH, MONICA. MR. IAN, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ? YES, I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. I DO NOT CONCUR. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MR. NEFF? NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. KEANU. NO, I DO NOT CONCUR. MR. MARTINEZ. I CONCUR WITH THE FINES OF FACT. THE MOTION DOES FAIL THOUGH. THEREFORE, UH, MR. CHAIR? YES. MAY I PROVIDE A MOTION TO SUSPEND THE, THE VOTE? I MEAN, WE'RE NOT FULLY EMPANELED WITH THE BOARD AND TO ME THAT WOULD BE UNFAIR TO TAKE THE FULL VOTE WITHOUT THE FULL IMPALMENT OF THE BOARD. THIS IS YOUR PERFECT CHANCE TO OFFER AN ALTERNATIVE TO THE MOTION THAT IS MADE. MY ONLY MOTION WOULD, WOULD BE A CONTINUANCE GIVEN THAT WE'RE NOT FULLY EMPANELED WITH THE BOARD HERE. UM, LET'S PUT THIS UP TO A VOTE. THOSE THAT ARE ARE IN, IN AGREEMENT WITH MR. UNAS MOTION, PLEASE SAY AYE. AYE. THOSE THAT ARE OPPOSED, SAY NAYYY CHAIR. YES. UM, WOULD ANYBODY IN THE, UH, PREVAILING SIDE WILL I LIKE TO OFFER A LOWER AMOUNT OF STRS INSTEAD OF THREE? THAT'S WHAT I ASKED FOR . UM, IN THIS PARTICULAR REGARD, UM, IT WOULD HAVE TO BE, UH, ONE OF THE FIVE OR FOUR ARE DISSENTERS IN THIS REGARD. IF YOU WANT TO REDUCE THAT FROM THE, THE TOTAL OF, UH, I BELIEVE HE'S REQUESTING THREE. THERE'S SOMETHING ELSE. ONE OR TWO. YOU HAVE A OPPORTUNITY HERE TO MAKE IT BEFORE I ANNOUNCE THE VOTE. MOTION DOES FAIL. UH, GOOD LUCK WITH YOUR ENDEAVOR. AND LET'S GO TO THE NEXT CASE. AND DR. DR. ELLI, YOU'RE BACK. OKAY. CASE BO O A 19 1 0 3 0 0 1 4 9 [8. 19-9172 BOA-19-10300149: A request by Concepcion Campos for 1) a special exception to allow a privacy fence to be up to 7’ tall in the front and side yard of the property, and 2) a variance from the restriction of metal sheeting as a fencing material to allow for its use as a privacy fence gate, located at 6611 Marcum Drive. Staff recommends Approval. (Council District 6) (Rachel Smith, Planner (210) 207- 5407, rachel.smith@sanantonio.gov, Development Services Department)] AT 66 11 MARKHAM DRIVE. THE APPLICANT IS CONCEPTION CAMPOS. THE REQUEST IS FOR ONE, A SPECIAL EXCEPTION TO ALLOW PRIVACY FENCE TO BE UP TO SEVEN FEET TALL IN THE FRONT AND SIDE YARD OF THE PROPERTY. AND TWO, A VARIANCE FROM THE RESTRICTION OF METAL SHEETING AS A FENCING MATERIAL TO ALLOW FOR ITS USE AS A PRIVACY FENCE GATE. THE ZONING IS R SIX M L O D TWO R ONE A H O D. THE SUBJECT PROPERTY IS A SINGLE FAMILY HOME SURROUNDED BY SINGLE FAMILY RESIDENCES AND VACANT LOTS. THE APPLICANT RECENTLY REBUILT THE FENCE WITHOUT ATTAINING THE REQUIRED PERMITS. THE NEW FENCE WAS CONSTRUCTED IN THE SAME FOOTPRINT AS THE PREVIOUS FENCE AROUND MAY, 2019. THE NEW FENCE WAS BUILT UP TO SEVEN FEET TALL AND IS CON IS CONSTRUCTED A CHAIN LINK AND A METAL GATE. IN [03:20:01] SEPTEMBER 20, SEPTEMBER 16TH, 2019, THE APPLICANT'S NEIGHBOR WAS GRANTED A SPECIAL EXCEPTION FOR THE FENCE HEIGHT WITH A SIMILAR METAL GATE FENCE. THE APPLICANT STATES THE FENCE WAS CONSTRUCTED BY THE SAME PROPERTY OWNER WHO IS GRANTED THE SPECIAL EXCEPTION ON THAT DATE. THE APPLICANT STATES THE HEIGHT AND MATERIAL ARE NEEDED DUE TO SAFETY CONCERNS IN THE NEIGHBORHOOD. THE APPLICANT HAS PROVIDED SIGNATURES FROM SURROUNDING PROPERTY OWNERS, UM, WHO ARE IN SUPPORT OF THEIR APPLICATION, THE SUBJECT PROPERTY, SUBJECT PROPERTY. AND HERE, REALLY THE ONLY THING I WANNA POINT OUT IS THAT THE PORTION OF FENCE HERE IS AT THE SAME HEIGHT AS THE FENCE IN THE FRONT ADJACENT PROPERTY AND NEIGHBORING PROPERTIES. STAFF RECOMMENDS APPROVAL OF THE VARIANCES IN SPECIAL EXCEPTION IN BO 8 19 103 0 0 1 49. BASED ON THE FOLLOWING FINDINGS, EFFECT THE FENCE DOES NOT VIOLATE CLEAR VISION STANDARDS. THE HEIGHT AND MATERIAL ARE UNLIKELY TO INJURE ADJACENT CONFORMING PROPERTIES, THE FENCE WILL CONTRIBUTE TO THE SAFE ENJOYMENT OF THE SUBJECT PROPERTY. UH, WE MAILED 29 NOTICES, UM, EIGHT. WERE RETURNED IN FAVOR TO THE APPLICANT, A ZERO IN OPPOSITION AND NO RESPONSE FROM THE UH, NEIGHBORHOOD ASSOCIATION. ANY QUESTIONS? QUESTIONS FOR THE STAFF? WERE THERE ANY, UH, POLICE REPORTS SUBMITTED? THE APPLICANT WILL SPEAK TO THOSE. THEY'RE NOT IN THE FILE. DEAL. CALLS FOR SERVICE ARE LISTED IN THE FILE. OH, MY APOLOGIES. . YES, IN THIS CASE, LET'S GO AHEAD AND BRING THE APPLICANT FORWARD. GOOD AFTERNOON. MY NAME'S ESMERALDA VIGIL CAMPOS. MY ADDRESS IS 66 18 MARKHAM DRIVE. MY SISTER HAD TO GO TO, MY SISTER-IN-LAW, HAD TO GO TO WORK, SO I'M GONNA BE HERE. AND HER PLACE, UM, THE GATE, THOSE ARE THE POLICE REPORTS. UM, ONE OF THEM IS WHERE HER DAUGHTER'S CAR ACTUALLY GOT STOLEN FROM HER DRIVEWAY. SHE HAD A FOUR FOOT FENCE. AND, UM, THEY NOT ONLY STOLE HER DAUGHTER'S CAR, THEY ALSO BROKE INTO HER HOUSE AND STOLE, UH, SOME OF HER PROPERTY. THEY ALSO, WHEN THEY FOUND THE CAR, THE CAR HAD DRUGS LIKE LITERALLY IN THE CARPET. SO WHERE THEY SPILT IT, IT HAD GUNS, COMPUTERS, UM, LET ME CHECK GUNS, COMPUTERS, IT EVEN HAD A CAR SEAT IN IT. SO THAT GOES TO SHOW WHAT KIND OF PEOPLE WERE THAT WERE THE ONES THAT STOLE IT. DRUGS. COMPUTERS, UH, LIQUOR. THERE WAS BEER BOTTLES, UM, AND THE KID'S CAR SEAT. SO WHEN MY, WHEN THEY FOUND THE CAR, THEY HAD GOTTEN IT CLEANED MULTIPLE TIMES AND IT STILL SMELLED LIKE HEROIN. 'CAUSE THAT'S WHAT THEY TOLD 'EM IT WAS. UM, NOT THAT SHE KNEW, THAT'S WHAT THE COPS HAD TOLD HER IT WAS. SO WE HAVE HER HOUSE GETTING, UM, ROBBED MULTIPLE TIMES. , HER HOUSE GOT ROBBED MULTIPLE TIMES. THEY'VE EVEN STOLEN HER WHOLE DINING ROOM SET THROUGH THE FRONT YARD. SO, UM, SHE'S HAD A LOT OF ISSUES. WHEN THE BROKE, THEY BROKE INTO HER HOUSE. HER DAUGHTER, HER OLDEST DAUGHTER'S 19, SHE WAS THE ONE WATCHING HER LITTLE BROTHER AND HER LITTLE SISTER. SO THAT WAS HER BIGGEST CONCERN, WAS THAT THE SAFETY OF HER CHILDREN. WHILE SHE WORKS, SHE'S A REGISTERED NURSE, SO SHE HAS WEIRD HOURS. UM, SO SINCE THEN SHE STARTED SAVING HER MONEY TO PUT UP A GATE. SO THEN LATER ON THAT YEAR, [03:25:01] UM, SO MY FATHER-IN-LAW LIVES ACROSS THE STREET AND BEHIND OUR PROPERTY. 'CAUSE WE LIVE ON THE SAME SIDE. THERE'S A CREEK. SO THERE WAS A MAN THAT MY FATHER-IN-LAW FOUND A DEAD BODY IN THE CREEK. UH, LATER ON THEY FOUND OUT THAT HE WAS SHOT IN THE HEAD. SO ONCE THAT HAPPENED, MY FATHER-IN-LAW TOLD HER, I'LL FRONT YOU THE REST OF THE MONEY. JUST PAY ME BACK. SO THAT WAY YOU COULD PUT UP YOUR FENCE. SO WITH THE, UM, FENCE, HOW SHE WAS JUST REPLACING IT, UM, SHE DIDN'T THINK SHE HAD TO PULL A PERMIT BECAUSE IT WAS JUST, IT GOES EXACTLY WHERE THE OTHER FENCE WAS AT. SO, UH, SHE JUST THOUGHT LIKE, OKAY, I'M PUTTING UP THIS FENCE WHERE THE OTHER FENCE WAS AT. UM, DAD, WE HAD TO GET THE, MY GATE. AND SO ON THE SIDE GATE THAT'S REALLY HIGH, THIS, UH, WAS SEVEN FEET. SIX FEET. OKAY. SO THOSE FENCES, THE SIDE FENCES AND THE BACK FENCES HAVE BEEN UP FOR OVER 10 YEARS. WHEN SHE HAD PUT THE HOUSE THERE, THERE'S A VACANT PROPERTY BEHIND HER. AND THEN ON THE SIDE OF HER HOUSE, PEOPLE USED TO GO INTO THOSE LOTS. THEY DIDN'T HAVE GATES AND THEY WOULD HAVE PARTIES BACK THERE. AND THERE IS A LOT OF SQUATTERS IN HER NEIGHBORHOOD. WHEN HER HOUSE WAS, IT'S LIKE ONE OF THOSE MOVABLE HOMES. IT'S NOT A MOBILE HOME, BUT IT'S A BUILT HOME. AND THEN THEY PUT IT ON YOUR PROPERTY. IT WASN'T COMPLETELY DONE. THEY HAD TO REDO THE INSIDE. THERE WAS SQUATTERS IN HER HOUSE. WHEN I BUILT MY HOUSE, THERE WAS SQUATTERS IN MY HOUSE ACROSS THE STREET. THERE WAS SQUATTERS BEHIND OUR NEIGHBOR'S HOUSE. WHILE SHE'S LIVING IN IT, THEY WERE LITERALLY IN HER BACKYARD. 'CAUSE SHE DOESN'T GO BACK THERE. IT'S LIKE A LITTLE BACKYARD. IT'S NOT LIKE A FULL-SIZED BACKYARD TO THE LEFT OF HER. IT'S A RENTAL. AND I SPEAK TO THE OWNER BECAUSE I'M THE ONE WHO GOT THE SIGNATURES FROM THE NEIGHBORS. UM, ANNA GOT THEIR STATEMENTS ON WHAT HAPPENS TO THEIR PROPERTIES. AND SHE TOLD ME THAT THERE WAS SQUATTERS IN HER PROPERTY. AND NOT ONLY THAT, THEY STRIPPED EVERYTHING FROM HER WALLS AND BROKE ALL HER WALLS AND, UM, LIGHT FIXTURES AND EVERYTHING LIKE THAT THAT WE HAVE. UM, I HAVE IT ON THERE OF WHAT THEY HAD SAID. SO ALSO, THE NEIGHBOR THAT YOU SAW, THE FENCE THAT'S ON HER RIGHT, THAT WAS BROKEN DOWN, HE COLLECTS STRAY DOGS FROM THE NEIGHBORHOOD. HE DOESN'T LIVE IN OUR NEIGHBORHOOD, HE JUST HAS THE LOT. HIS FENCE IS NOT VERY GOOD. SO HIS DOGS ARE ALWAYS GETTING OUT AND THEY WERE ALWAYS GOING INTO HER YARD. SO WHEN SHE WOULD SEE HIM, SHE WOULD TELL HIM, HEY, YOUR DOGS ARE IN MY YARD. YOU KNOW, TRY TO FIX YOUR FENCE. HE WOULD THREATEN TO BEAT HER AND HER BOYFRIEND UP. THEY ACTUALLY MADE POLICE REPORTS ON THAT TOO, BECAUSE HE WOULD GET REALLY VIOLENT AND UM, AND UPSET WHEN SHE WAS JUST LIKE, HEY, CAN YOU FIX THE GATE? IT'S THE BOTTOM OF THE GATE THAT'S OPEN. AND SO THAT'S IT FROM MY NOTES. AND THEN WE CAN GO THROUGH THE SLIDES FROM THE POWERPOINT. SHE MADE THIS , SO THIS IS HER SAY. UM, SO THAT'S JUST THE INFORMATION FOR THE, UM, AND THEN THAT'S HER PROPERTY. AND, UM, SO THAT'S JUST WHAT I BASICALLY TOLD YOU ABOUT HER GETTING ROBBED. AND HER DAUGHTER STARTED HER DAUGHTER'S CAR GETTING STOLEN. AND THEN SHE'S HAD STUFF STOLEN FROM HER FRONT YARD FROM CARS SHE HAD PARKED IN THE DRIVEWAY. AND IT WAS SMALL THINGS, SO SHE DIDN'T MAKE A POLICE REPORT. 'CAUSE THAT HAPPENS ALL THE TIME IN OUR NEIGHBORHOOD. EVERYBODY GETS ROBBED ALL THE TIME. AND THAT'S THE PROPERTY WHERE THE DOGS GET OUT. HE'S FIXED IT. SO THIS IS ACTUALLY IT BEING NICE COMPARED TO THE WAY IT WAS BEFORE. UM, THE CITY ALSO WENT OUT AND GAVE HIM SOME CITATIONS BECAUSE THE DOGS WERE TIED UP IN THE BACK AND THERE'S NOBODY THERE TO FEED HIM. SO THEY GOT AFTER HIM ABOUT THAT. AND THEN THEY GOT AFTER HIM ABOUT HIS GATE. SO, UM, ON 65, 27 AND 65, 31, WHEN I GOT THE SIGNATURES, I SPOKE TO EVERYBODY LIKE, HEY, CAN YOU LET ME KNOW SOME THINGS ABOUT, YOU KNOW, THE PROBLEMS YOU'VE HAD IN THE NEIGHBORHOOD? A DRUNK DRIVER HIT THEIR GATE AND IT WAS OVER 15,000 IN DAMAGES. AND, UM, SO WE TALKED ABOUT THE DEAD BODY, WE TALKED ABOUT THE CAR YELLING, STOLEN ABOUT THE, OKAY. SO THERE WAS A NEIGHBOR THAT WOULD SHOOT HIS GUN TOWARDS THE CAR PARK, THE CARPORT, UM, OF HIS OTHER NEIGHBOR, AND HE WOULD ALWAYS CUSS AT THEM AND TELL 'EM THAT HE WAS GONNA KILL 'EM. UM, AT MY PROPERTY WE HAD, UH, SOMEBODY RUN INTO OUR GATE AND IT COST A LOT TO GET IT REPLACED. THAT'S WHEN WE HAD OUR METAL FENCE PUT UP. WE ORIGINALLY HAD ANOTHER METAL FENCE PUT UP. IT WAS OVER THREE YEARS OLD. THEN WE GOT THAT ONE BECAUSE IT WAS LITERALLY FEET AWAY FROM MY KIDS', UH, TRAMPOLINE. SO WE HAD THE SQUATTERS. THE SQUATTERS. UM, THERE'S EMPTY LOTS, A FEW HOUSES DOWN. THAT'S WHERE PEOPLE GO AND SHOOT THEIR GUN. SO THERE'S CONSTANTLY SHOOTINGS, MULTIPLE POLICE REPORTS ON THAT. OR WHEN WE CALL THE NON-EMERGENCY, JUST THURSDAY, THERE WAS A DRIVE-BY SHOOTING LAST WEEK. JAY HAD JAY, THE HIGH SCHOOL HAD TWO LOCKDOWNS. 'CAUSE THERE WAS SHOOTINGS IN THE NEIGHBORHOOD. SO THE AREA'S NOT THAT GREAT. SO THE REASONS FOR HER GATE WAS EVERYTHING I EXPLAINED. IT'S DANGEROUS. SHE'S GOTTEN ROBBED MULTIPLE TIMES. [03:30:01] SHE'S MORE SCARED FOR HER CHILDREN BECAUSE ISHA HAS TWO GIRLS AND ONE BOY. AND, UM, THAT'S BASICALLY IT. IT'S, OUR NEIGHBORHOOD IS NOT VERY SAFE, UH, WITH OUR CHAIN LINK FENCES WITH LOCKS, THEY JUST BREAK THE LOCKS. THEY CUT THE CHAIN. UM, I'VE SEEN WE, UM, LIKE THIEFS, I GUESS WE COULD CALL, WE CALL 'EM A DIFFERENT NAME IN SPANISH THAT WOULD JUMP A SIX FOOT FENCE IN TWO HOPS . AND THEY PUT THEIR FOOT ON AND JUMP OVER A SIX FOOT FENCE LIKE NOTHING. SO IT'S A PRETTY BAD NEIGHBORHOOD. IT'S ONLY SEEMING TO GET WORSE. AND, UM, THAT'S THE SIGNATURES, UH, WALKED AROUND, ASKED, YOU KNOW, THE NEIGHBORS. SO THOSE WERE THE ONES THAT I HAD THE NOTES ON. AND THEN THAT'S WHEN I HAD MY HEARING. AND THEN I HAVE, I OWN THREE PROPERTIES. SO ALL THREE PROPERTIES HAD PASSED. AND I KNOW THAT'S NOT TO DO WITH THIS, BUT JUST, UH, F Y I AND THEN THANK YOU FOR YOUR TIME. UH, QUESTIONS. DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? SORRY, I TALKED A LOT. JUST, JUST A QUICK QUE ELLI . CAN, CAN I ASK A QUESTION? YEAH. OKAY. UM, SO DOES THE, THE GATE AND THE FENCE, DO THEY HELP HER FEEL SAFER? YES. OKAY. UM, THE FENCE IS, UH, CONSTRUCTED WITH, UH, METAL TUBING AND GALVANIZED SHEET METAL, AND WE ALSO PAINTED THEM WITH THE RUSTOLEUM PAINT, SO THAT WAY IT KEEPS THEM IN SHAPE, BETTER SHAPE LONGER. I JUST HAVE ONE QUESTION. SO THE FENCE IS SOLID AND I GET THE MM-HMM. , THE SAFETY FEATURE THAT, THAT MAY PROVIDE, BUT I ALSO LOOK AT IT AND WONDER, DOES IT GIVE A PLACE FOR SOMEONE TO HIDE? AND SO COULD YOU JUST SPEAK TO THE SAFETY ISSUE OF THAT GATE? OKAY. SO AS FAR AS I KNOW, I'VE HAD MY GATE FOR THREE YEARS, AND WE HAVEN'T HAD AN ISSUE AS FAR AS THAT. BUT I, I REALLY DON'T UNDERSTAND LIKE, THE SAFETY ISSUE ABOUT SOMEBODY HIDING. DO YOU MEAN INSIDE HER PROPERTY? YEAH, IF THEY WERE ABLE TO POLICE THE FENCE. POLICE. YEAH, THEY, SORRY. THAT'S FINE. OKAY. SO THE DAY SHE ACTUALLY GOT ROBBED FROM THE CAR, THERE WAS SOMEBODY ON THE RUN. WE HAD POLICE HELICOPTERS, POLICE EVERYWHERE. SO I CAN SEE WHERE YOU SAY THAT, BUT IT'S REALLY HARD TO GET IT INTO HER PROPERTY BECAUSE OF THE GATE AND BECAUSE OF THE HEIGHT OF THE FENCE. PLUS SHE'S PUTTING SHRUBS AND, UM, HEDGES, SO YOU CAN'T JUMP HER FENCE. SO THE HEIGHT ADDS TO THE SECURITY? YES. SO THAT SOMEONE WOULDN'T BE BEHIND THE GATE ON YOUR SIDE OF THE PROPERTY, ON HER SIDE OF THE PROPERTY. OKAY, THANK YOU. THE APPLICANT. DO WE HAVE ANY WITNESSES? NOBODY SIGNED UP. OKAY. AND, AND SHE SUBMITTED, UH, A NUMBER OF, UH, POLICE REPORTS. OKAY. YOU'RE PRETTY, YOU'RE INSIDE THE CITY PROPER. I MEAN, YOU'RE RIGHT NEXT TO 90, ARE YOU NOT? YEAH, IT'S, UM, AND, AND YOU CAN'T GET ANY TYPE OF RESPONSE FROM POLICE DEPARTMENT OR ANYTHING LIKE THAT. THEY DO COME OUT, THEY DO, THEY PASS BY AND THEY LOOK AROUND, BUT THEY DON'T DO ANYTHING. WE'VE ALL GOTTEN ROBBED BEFORE. NOTHING COMES OF IT. THEY DO TAKE POLICE REPORTS AND THEY GIVE US THE LITTLE, YOU KNOW, NUMBER, BUT THAT'S ABOUT IT. I MEAN, IT HAPPENS SO OFTEN. IT'S JUST LIKE ME TO, YOU KNOW, IT'S GONNA IT JUST HAPPENS ALL THE TIME. SO IT'S NOT LIKE REALLY A BIG DEAL. OKAY. I UNDERSTAND CHAIRMAN, BELIEVE I JUST SAID, EH, YES. UM, JUST TO COMMENT. NO, I, YOU KNOW, I'M, I'M NOT FAMILIAR WITH THE AREA, BUT I HAVE HEARD THE REPORTS, UH, CONCERNING THE PENN PENN ROAD AREA. YES. THERE'S A LOT OF CRIME THAT GOES ON IN THAT AREA. SO I, I CAN UNDERSTAND WHY, WHY YOU WANT TO HAVE, UH, INCREASED SECURITY. I, I'M, I REALLY DON'T HAVE A PROBLEM WITH THE HEIGHT, BUT I DO HAVE A PROBLEM WITH THAT METAL SHEETING THAT YOU HAVE THERE. MM-HMM. , BECAUSE I'M, I'M THE SAME CONCERN THAT SOMEBODY CAN HIDE BEHIND THEIR, THAT'S THE ONLY CONCERN I HAVE, IS THAT, UH, ONCE THEY, IF THEY WANNA GET IN, THEY'RE GONNA GET IN, THEY'RE GONNA FIGURE OUT A WAY. I AGREE. THEY'RE GONNA GET IN. AND ONCE YOU HAVE THEM HIDING BEHIND THAT, IF THE POLICE COME DRIVING BY, THEY'RE NOT GONNA SEE THEM. UM, AND THAT'S THE ONLY CONCERN I HAVE. CAN YOU BRING UP YOUR POWERPOINT WITH A PICTURE OF MY PROPERTY? SO WE ARE LANDSCAPERS AND THAT'S OUR SISTER, WELL, MY HUSBAND'S SISTER, BUT I'VE KNOWN HER 17 YEARS, SO SHE'S MY SISTER. WE ARE IN THE PROCESS OF GETTING HER HEDGES LIKE OURS. AND IF YOU COULD SEE THERE, YOU CAN'T EVEN JUMP, YOU CAN'T EVEN SEE THE FENCE AND YOU CAN'T JUMP IT. THE HEDGES ARE REALLY THICK. THEY'RE LIKE TWO FEET THICK OR SOMETHING LIKE THAT. THEY'RE LIKE REALLY DENSE. SO THERE'S NO WAY YOU'RE GETTING OVER THAT FENCE. SO THAT'S WHAT, SO YES, OF NOW I COULD SEE WHAT YOU'RE SAYING AS FAR AS SOMEBODY HIDING, BUT ONCE WE GET HER HEDGES [03:35:01] UP, THERE'S NO WAY THEY CAN EVEN GET INTO THE PROPERTY. AND THEN ON THE SIDES OF HER PROPERTY, SHE HAS LIKE TREES AND WEEDS AND ALL KINDS OF NATURAL TREES THAT ARE, WERE ALREADY THERE THAT SHE DOESN'T MAINTAIN. SO ON THE SIDES IT'S HARD TO GET IN. OTHER QUESTIONS? UH, ANY WITNESSES? NOBODY SIGNED UP. ALL RIGHT. UM, VERY DRAMATIC . LET ME, UH, LEMME GO AHEAD AND CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION. ELLI ELLI, GO AHEAD. CASE BO O A OR REGARDING CASE NUMBER BO O A DASH 19 DASH 0 3 0 0 1 4 9. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT OF VARIANCE FROM THE RESTRICTION OF METAL SHEETING AS A FENCING MATERIAL TO ALLOW FOR ITS USE AS A GATE IN THE FRONT YARD, SITUATED AT 6 6 1 1 MARKHAM DRIVE, APPLICANT BEING CONCE COMPOST. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT ARE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY. IN THIS CASE, THE FENCE MATERIAL WAS USED DUE TO SAFETY AND WELFARE CONCERNS FOR THE PROPERTY OWNER. THE METAL PORTION OF THE FENCE IS ONLY ALONG A PORTION OF THE FRONT FENCE AND DOES NOT VIOLATE CLEAR VISION STANDARDS. THE BOARD DOES NOT FIND THIS CONTRARY TO THE PUBLIC INTEREST DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN, IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITIONS THAT ARE, ARE THAT THE PROPERTY OWNER WAS RESPONDING TO SAFETY CONCERNS IN THE NEIGHBORHOOD AND CONSTRUCTED OFFENSE THAT WOULD PRESERVE THE SAFETY AND SECURITY OF THEIR PROPERTY. A LITERAL ENFORCEMENT WOULD RESULT IN THE PROPERTY OWNER HAVING TO REMOVE THE METAL GATE, WHICH HAS BEEN PRESENT FOR AT LEAST SIX MONTHS AND REPLACE IT WITH ALLOWABLE MATERIAL AND UNNECESSARY HARDSHIP. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE, WHICH IN THIS CASE IS THE SAFETY AND SECURITY OF THE SUBJECT PROPERTY. THE BOARD FINDS THAT THIS OBSERVES THE SPIRIT OF THE ORDINANCE. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE PERMITTED WITHIN THE PROPERTY'S CURRENT BASIS. DISTRICT SUCH VARIANCE WILL NOT SUBSTANTIALLY APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. HOWEVER, THE BOARD FINDS THAT THE ADJACENT CONFORMING PROPERTY IS UNLIKELY TO BE INJURED IN THE USE OF THIS METAL AS A FENCE GATE. THE METAL IS USED TO ENHANCE THE SECURITY OF THE PROPERTY AND IS ONLY ALONG A PORTION OF THE FRONT FENCE. THE SOLID PORTION DOES NOT VIOLATE THE CLEAR VISION STANDARDS. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THIS VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS WITHIN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PLIGHT OF THE OWNER IS PRI IS PRIMARILY REGARDING THE SAFETY OF THEIR PROPERTY. THE SITUATION WAS NOT CREATED BY THE OWNER, IS NOT MERELY FINANCIAL IN NATURE. END OF MOTION. SECOND, SECOND, MR. TEAL. I BELIEVE I HEARD. OKAY. ALL RIGHT. GO AHEAD AND BEGIN THE, UH, DISCUSSION, DOCTOR. YEAH. I'M GONNA BE IN SUPPORT OF THIS. I THINK THEY UNDERSTAND, YOU KNOW, I DID ASK THE QUESTION ABOUT THE SOLID, UM, NATURE OF THE GATE AND THE POTENTIAL SAFETY ISSUE THAT THAT COULD POSE AND THEY DO, UM, SEEM VERY AWARE OF THAT AND, UM, AND STILL FIND THAT THIS IS APPROPRIATE. AND GIVEN THE TESTIMONY, I I HAVE TO AGREE I'M IN AGREEMENT WITH MY COLLEAGUE AS WELL. I'LL BE IN SUPPORT. WANTS TO PUT YEAH, ANO YEAH, I'M, I'M GOING TO SUPPORT ALSO, I HAVE SORT OF MISGIVINGS, BUT I, I WOULD WISH THAT YOU WOULD AT LEAST INSPECT IT EVERY SO OFTEN TO MAKE SURE THAT NO SHARP OBJECTS THAT ARE THERE IN CASE OF, 'CAUSE YOU DO HAVE KIDS. CORRECT. AND SOMETIMES KIDS WANT TO CLIMB THINGS, AND SO I JUST WANTED TO MAKE SURE THAT, THAT THEY'RE TAKEN CARE OF ALSO. THANK OH, BUT I WILL BE IN SUPPORT. GOOD POINT. AND ANYONE ELSE? NONE. LET'S GO AHEAD AND TAKE THE VOTE. DR. ZO, I CONCUR WITH THE FINDINGS OF FACT. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MS. CRUZ? YES, I CONCUR. MR. ORIAN? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. BRITTON. YES. MR. [03:40:01] OZUNA? YES, I CONCUR. MR. NEFF. I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. KEANO. YES, I CONCUR. MR. MARTINEZ. I CONCUR WITH THE FINES OF FACT. UH, YOUR MOTION FOR VARIANCE IS APPROVED. NOW LET'S GO AHEAD AND TAKE ON THE, UH, GRANTING OF THE SPECIAL EXCEPTION. UM, FISHER JUST, UH, TEMPLATE FOR, EXCUSE ME, MOTION GRANTING OF SPECIAL EXCEPTION REGARDING CASE NUMBER BO O A 19 3 0 1 4 9. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO A SPECIAL EXCEPTION FROM THE FENCING HEIGHT STANDARDS, TO ALLOW THE PRIVACY FENCE TO BE UP TO SEVEN FOOT TALL IN THE FRONT YARD, FRONT AND SIDE YARD OF THE PROPERTY SITUATED AT 6 6 1 1 MARKHAM DRIVE OF APPLICANT BEING CONCEPTUAL ON CAMPUS. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATE THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION UP TO EIGHT FEET. THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE SAFETY AND SECURITY OF THE APPLICANT'S PROPERTY. IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THIS, THESE CRITERIA ARE REPRESENTED BY MAXIMUM HEIGHT, MAXIMUM FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. A SEVEN FOOT TALL, SOLID METAL GATE AND A SEVEN FOOT TALL CHAIN LICK FENCE WERE BUILT IN THE FRONT YARD ALONG THE FRONT AND SIDES OF THE PROPERTY LINES. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. C, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES. FURTHERMORE, THE FENCING DOES NOT VIOLATE CLEAR VISION STANDARDS. D THE SPECIAL ACCEPTANCE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT FENCE. THE FENCING DOES NOT DETRACT FROM THE CHARACTER OF THE NEIGHBORHOOD. THE FENCING IS IN LINE WITH OTHER PREEXISTING FENCING MATERIAL AND THE HEIGHT WITHIN THE IMMEDIATE VICINITY. E THE SPECIAL EXCEPTION NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT PROPERTY IS LOCATED WITHIN THE R DASH SIX M L O D DASH TWO M L R DASH ONE A H O D RESIDENTIAL SINGLE FAMILY LAC LA MILITARY LIGHTING OVERLAY, MILITARY LIGHTING REGION ONE AIRPORT HAZARD OVERLAY DISTRICT, AND PERMITS THE CURRENT USE, THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. I WILL BE IN FAVOR OF THIS, UM, SPECIAL EXCEPTION. SECOND. OKAY, I WILL BE IN FAVOR OF, UM, THE DEFENSE PRIVACY DEFENSE BEING UP TO SEVEN FOOT TALL. I THINK IT, UM, CERTAINLY COMPLIMENTS THE GATE AND THEREFORE WILL GO AHEAD AND, UH, PROVIDE ADDITIONAL, UM, SUPPORT FOR THE, UM, FENCING AND THE WELFARE OF THE PEOPLE WITHIN THE, IN THE OUTLINE OF THE FENCE. YEAH, I, I TOO WILL BE IN SUPPORT. I THINK THIS IS THE OTHER HALF OF WHAT THE APPLICANT NEEDS IN ORDER TO FEEL SAFE AND SECURE IN THEIR HOME. MS. FISHER? YES, I CONCUR. DR. ELLI. I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL. YES, I CONCUR. MS. CRUZ? YES, I CONCUR. MR. ORIAN? YES, I CONCUR WITH THE FINDINGS [03:45:01] OF FACT. MR. BRITTON. YES. MR. OZUNA? YES, I CONCUR. MR. NEFF CONCUR WITH THE FINDINGS OF FACT. HUMANA. I CONCUR WITH THE FINDINGS OF FACT. MR. KEANU. YES, I CONCUR. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. UM, MOTION PASSES. CAN SOMEONE CONTACT THE OPERATOR OF THIS FACILITY AND TURN THE TEMPERATURE UP? IT IS GETTING EXTREMELY COLD IN HERE AND, UH, I DON'T WANT TO BECOME HANGING BEEF ON THE RACK. PLUS I HEAR A NUMBER OF PEOPLE COUGHING. ALL RIGHT, LET'S GO TO THE NEXT CASE. [9. 19-9187 BOA-19-10300150: A request by Angel Menendez for 1) a special exception request to allow a privacy fence to be up to 7’ tall in the north, south and west property line, and 2) a variance from the Clear Vision standards to allow a fence to be within the Clear Vision field, located at 1026 Branch Road. Staff recommends Approval. (Council District 2) (Debora Gonzalez, Senior Planner (210) 207- 3074, debora.gonzalez@sanantonio.gov, Development Services Department)] ACE, B O A 19 1 0 3 0 0 1 5 0 LOCATED AT 10 26 BRANCH ROAD. ANGEL MENENDEZ REQUEST IS FOR ONE, A SPECIAL EXCEPTION, UH, TO ALLOW FOR PRIVACY FENCE TO BE UP TO SEVEN FEET TALL IN THE NORTH, SOUTH AND WEST PROPERTY LINE. AND NUMBER TWO, A VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW OFFENSE TO BE WITHIN THE CLEAR VISION FIELD. R FIVE ML O D THREE MLR 180 8 SHOWED HERE IS THE SUBJECT PROPERTY SIGN PLAN. UH, THE SUBJECT PROPERTY IS 22,000 SQUARED T IT WAS BUILT IN 1958. THE APPLICANT IS SEEKING TO BE, UH, TO KEEP THE SOLID WOOD FENCE AS BILLED, MADE ENTIRELY OF WOOD UP TO SEVEN FEET TALL AGAIN IN THE NORTH, SOUTH, AND WEST PROPERTY LINES AND ENCROACHING INTO A CLEAR VISION FIELD. CODE ENFORCEMENT INITIATED THIS CASE ON NOVEMBER 6TH, 2019 DUE TO HAVING THE FENCE, UH, BUILT WITHOUT PERMITS. UH, THE SUBJECT PROPERTY SURROUNDED BY INDUSTRIAL USES AND SINGLE FAMILY HOMES. SO JUST TO BACKGROUND, UM, THIS IS WHERE THE FENCE MOSTLY SIX FEET TALL, SOLID WOOD FENCE, CLEAR VISION, ENCROACHMENT OF NINE FEET, CLEAR VISION ENCROACHMENT ON A DRIVEWAY. AND THEN OVER HERE, SAL, ALSO SOLID WOOD UP TO SIX FEET. AND THEN THE GATE IS SEVEN FEET TALL. ALSO CLEAR VISION. UM, THEY ARE 10 FEET INSTEAD OF 15 FEET. UH, THIS IS A DEAD END INTO INDUSTRIAL OVER HERE. IT'S INDUSTRIAL. THERE IS NO ACCESS INTO THAT INDUSTRIAL. UH, ONLY THE, THE PROPERTY OWNER ACCESS THAT PROPERTY. THERE IS THE SUBJECT PROPERTY, SUBJECT PROPERTY NEXT TO THE DEAD END. THAT'S THE DEAD END, THE INDUSTRIAL USES ACROSS THE STREET. SUBJECT PROPERTY, INDUSTRIAL USES ACROSS SUBJECT PROPERTY. THIS IS ON THE OTHER SIDE. NEXT TO NEIGHBORING, UH, RESIDENTIAL AREAS. STAFF RECOMMENDS APPROVAL OF VARIANCE AND SPECIAL EXCEPTION IN B O A A 19 1 0 3 0 0 1 5 0 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST STILL LIVES ADEQUATE, SAFE SPACE FOR DRIVERS AND PEDESTRIANS. THE ADDITIONAL FENCE HEIGHT PROVIDES SAFETY AND SECURITY FOR THE PROPERTY OWNER'S. FAMILY. UM, MAILED NINE NOTICES. ZERO IN FAVOR, SIR. IN OPPOSITION. ONE NEUTRAL. THE COMMENT IS IN THE FILE. UM, THEY JUST DON'T FEEL EITHER WAY. QUESTIONS, RIGHT. ANY QUESTIONS FOR STAFF? UNA, HOW WAS THIS CASE ORIGINATED? CODE ENFORCEMENT. THE CODE ENFORCEMENT JUST HAPPENED TO BE DRIVING BY AND SAW THE DEFENSE, OR, I BELIEVE SO. ANY OTHER QUESTIONS FOR STAFF? LEMME ASK YOU ONE QUESTION. WHY ARE WE NOT SUPPORTING CLEAR VISION? WHY ARE WE NOT? OR WHY ARE WE SUPPORTING? WHY ARE WE NOT SUPPORTING CLEAR VISION? WE ARE SUPPORTING CLEAR VISION, BUT WE ARE SUPPORTING, I'M SORRY, THAT THE REQUEST THAT THEY HAVE. SO OVER HERE, THIS ONE, THEY ARE AT 10 FEET INTO ENCROACHING INTO THE CLEAR VISION. FIVE FEET. UH, WE SPOKE WITH, UH, TRAFFIC AND THEY FEEL THAT THERE IS A LOT OF, UM, SPACE INTO, INTO THE GATE. THERE IS PLENTY OF SPACE. SO DUE TO THAT, THEY FEEL COMFORTABLE PROVING THE CLEAR VISION ENCROACHMENT, UM, DUE TO ALSO THE FACT THAT THERE IS NO DRIVEWAY ADJACENT TO THEM, ONLY THE PROPERTY OWNER, UM, IN THE CORNER, LEMME GO BACK. [03:50:03] UH, THIS ONE IS ALSO 10 FEET. THIS IS IN A DEAD END. SO THEY ALSO FEEL THEY ARE, THE PROPERTY OWNER IS THE ONLY ONE WHO WILL BE ACCESSING THE PROPERTY. THE ADJACENT USES ARE BLOCKED UP. THEY'RE NOT USING THOSE ENTRANCES AT ALL. AND THEN THE CORNER, UH, THIS ONE IS ALSO PRETTY FAR. SO TRAFFIC FELT COMFORTABLE SUPPORTING THIS CASE, LIKE THEY'RE GETTING NEW PAVING. ALRIGHT, THANK YOU. BRING UP THE APPLICANT NOW. HI. MAY I ADDRESS SOME INSTRUCTIONS TO THE APPLICANT FOR TRANSLATION SERVICES? OH, WE'LL NEED HIS, YES. WE'LL NEED HIS NAME AND ADDRESS FOR THE RECORD BEFORE HE PRESENTS HIS CASE. THIS MENENDEZ. GOOD AFTERNOON. MY NAME IS AN MENENDEZ BRANCH ROAD. I OWN 10 25 26 BRANCH ROAD. UM, C E O OF NDI. FIRST OF ALL, I WANT TO APOLOGIZE IF WE CAUSE ANY OFFENSE IN THESE BUILDINGS WE HAVE BEEN GOING ON IN MY PROPERTY. I JUST WANT YOU TO KNOW THAT I DIDN'T KNOW, I DIDN'T DO ANYTHING NEW. I JUST REVEALED WHAT WAS THERE ALREADY. I WANT TO HIGHLIGHT FOUR POINTS. THAT'S, THAT'S IT, BECAUSE I DON'T HAVE MANY THINGS TO SAY ABOUT MY HOUSE. UM, MY CASE IS VERY SIMILAR TO THE PERSON WHO WAS BEFORE ME, UM, IN FRONT OF THE HOUSE, AS YOU CAN SEE IN THE PICTURES. OKAY, UM, THERE ARE MANY BEGGARS AND PEOPLE WHO DOES, WHO DO DRUGS REPORT. WE HAVE NINE REPORTS TO THE POLICE. UH, ME AND MY NEIGHBORS. MY NEIGHBORS, AND I HAVE THEM. IT'S AN AREA THAT THAT HAS A LOT OF CONFLICTS. UH, IN THE CONVENIENCES STORES. THERE ARE SEVERAL SHOOTINGS. SEX OFFENDER, UH, UH, AROUND MY PROPERTY, UH, I FOUND THREE SEX OFFENDERS. I HAVE MY WIFE AN EIGHT MONTH BABY. AS YOU CAN SEE IN FRONT OF THE HOUSE IS THE, THE FACTORY. AND AT THE SIDE OF THE HOUSE IS ANOTHER FACTORY THAT IT'S MORE LIKE AN ALLEY. THE REASON I'M HERE IS TO ASK YOU PLEASE, TO HELP ME TO SUPPORT ME IN THIS ENDEAVOR TO PRESERVE THE SAFETY FOR MY FAMILY. OTHERWISE, THERE IS NOTHING ELSE TO DO TO ME, BUT KEEP THE SAME. LIKE WHEN I BOUGHT A HOUSE BACK IN 2018, IF YOU SEE THE GATE, YOU CAN SEE THAT I MOVED THE GATE EVEN BACK, BACK EVEN [03:55:01] MORE TO TOWARDS THE BACK THAT IT WAS BEFORE OUR, UM, UM, STORAGE SWIMMING POOL IN THE BACK OF THE HOUSE. I HAVE A STORAGE UNIT AS WELL AS A SWIMMING POOL. UH, THE MAIN GOAL, IT'S TO PROTECT THE FAMILY. AS YOU CAN SEE, UH, THE FENCE DOESN'T, IS NOT AN OBSTACLE TO THE POSSIBILITY, BUT THE MAIN GOAL FOR ME IS TO PROTECT MY FAMILY. AGAIN, IF I DID SOMETHING WRONG, I WANT TO APOLOGIZE TO ALL THE BOARD. THAT'S IT. GOOD. UH, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? I THINK IT LOOKS PRETTY CUT AND DRY. HE'S GOT THIS PARTICULAR SITUATION HERE, SO, UH, AND THERE ANY WITNESSES? NOBODY SIGNED UP. ALRIGHT, LET'S GO AHEAD AND CLOSE THIS TO THE PUBLIC. AND I'M ENTERTAINING A MOTION TIANO REGARDING CASE NUMBER BO O A DASH 19 DASH 1 0 3 0 1 15. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW OFFENSE TO BE WITHIN CLEAR VISION FIELD SITUATED AT 1 0 2 6 BRANCH ROAD. APPLICANT BE IN UN ME MENENDEZ BECAUSE OF THE TESTIMONY PRESENTED TO US. AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT NUMBER ONE, THE VARIANCE IS NOT CANARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BY SETBACKS THAT MAINTAIN NEIGHBORHOOD CHARACTER AND CLEAR VISION FIELD AREA THAT ENHANCES PEDESTRIAN SAFETY. THE FENCE LOCATION WITHIN THE CLEAR VISION ENCROACHMENT IS NOT CONTRARY TO THE PUBLIC INTEREST. SPECIFICALLY, THE FENCE IS 10 FEET ALONG THE NORTH AND WEST PROPERTY LINES AND THE CORNER OF A DEAD END INTERSECTION. THE PROPERTY OWNER IS THE ONLY, ONLY WITH ACCESS TO THE PROPERTY. DUE TO SPECIAL CON NUMBER TWO, DUE TO SPECIAL CONDITIONS THAT ARY ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE SPECIAL CONDITION THAT IS THE LOT IS LOCATED AT A DEAD END STREET ABUTTING. THE ABUTTING INDUSTRIAL USES THE REQUIREMENT TO REDUCE THE FENCE HEIGHT WOULD HAVE PLACED THE HOME SAFETY AND PRIVACY AT RISK. NUMBER THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE INTENT OF THE CODE IS TO ESTABLISH COHESIVE DEVELOPMENT THAT PRESERVES THE PUBLIC INTEREST. THE REQUEST TO REDUCE THE CLEAR VISION FIELD OBSERVES THE INTENT OF THE CODE AS THE PROPERTY COMPLIES WITH OTHER REQUIREMENTS. THE FENCE ENCROACHES FIVE FEET IN THE DRIVEWAY AREA AND ON THE CORNER AND STILL OBSERVE THE SPIRIT OF THE CODE. NUMBER FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. NUMBER FIVE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST WILL NOT INJURE ADJACENT PROPERTIES AS THERE IS STILL ADEQUATE DISTANCE BETWEEN THE DRIVEWAY FENCE AND THE STREET WILL NOT HARM OTHER MOTORIST OR PEDESTRIANS. NUMBER SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES IS EXISTING HERE, OR THAT THE LOT IS LOCATED AMONG INDUSTRIAL USES AND THE DEAD END STREET. THESE ARE NOT THE FAULT OF THE PROPERTY ORDER AND [04:00:01] NOT THE RESULT OF THE GENERAL CONDITIONS IN THE COMMUNITY. END OF END OF MOTION SECOND. SURE. YES. UM, I INTEND TO, UH, SUPPORT THIS, UH, UH, WHOLEHEARTEDLY BECAUSE, UH, I, I I FEEL THAT, UH, UM, EXCUSE ME, I HAVE A COUGH. UH, BECAUSE WE, WE HAVE, HAVE BEEN SHOWN BY, NOT ONLY BY THE OWNER, BUT BUT, BUT ALSO THE STAFF THAT THAT CLEAR VISION, UH, WAS, WAS NOT ACTED IN WITH ILL INTENT. SO I, I DO INTEND TO SUPPORT IT. I CONCUR WITH MY COLLEAGUE AND, UM, I'M ALSO GONNA BE IN SUPPORT OF THIS. I DO THINK THAT, UM, UM, YOU KNOW, HAVING THE INDUSTRIAL PARK NEXT TO IT, YOU KNOW, PROVIDES, UH, YOU KNOW, CAN, CAN GET SOME RELIEF FROM THAT BY HAVING THE FENCE. I, SO I THINK, UH, THAT WILL WORK FOR ME. SO YES, I AGREE ORIAN, UH, I'LL BE IN SUPPORT OF THIS. UM, I LIKE THE IDEA, UH, OF, OF WHERE THIS IS LOCATED IN RELATION TO THE FLOW OF TRAFFIC. HE ALSO HAS A LARGE INDUSTRIAL AREA ACROSS THE WAY, ACROSS BRANCH ROAD. I THINK THIS IS A, AN AN ISOLATED SORT OF LOT. AND SO, UH, THE ISSUE OF, OF, OF THE FENCE IS NOT AS, IS NOT ONE THAT'S SIMILAR TO AS TWO OTHER CASES. SO I'LL BE IN SUPPORT. ANYONE ELSE? THAT BEING THE CASE, LET'S GO AHEAD AND, UH, TAKE A ROLL VOTE. MR. KEANU? YES, I DO CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. DR. ELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MS. CRUZ. YES, I CONCUR. MR. ORIAN? YES, I CONCUR. MR. BRITT? YES. MR. OZUNA? YES, I CONCUR. MR. NEFF. I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES LUCK. OH, THAT'S RIGHT. WE HAVE ONE MORE, DON'T WE? YEP. I'LL TAKE THE SECOND PORTION. GO AHEAD. OKAY. UH, REGARDING CASE NUMBER BO O A DASH 19 DASH 1 0 3 0 1 5 0. I MOVE THAT THE BOARD ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW A PRIVACY FENCE UP TO SEVEN FEET TALL IN THE NORTH, SOUTH, AND WEST PROPERTY LINE, SITUATED AT 1 0 2 6 BRANCH ROAD. APPLICANT BEING ANHE MENENDEZ BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHARACTER. THE ADDITIONAL FENCE HEIGHT IN THE NORTH, SOUTH, AND WEST PROPERTY LINES IS INTENDED TO PROVIDE SAFETY AND SECURITY APPLICANT'S PROPERTY. IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SUB SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY A MAXIMUM FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY AND UP TO SEVEN FOOT TALL FENCE IN THE NORTH, SOUTH, AND WEST. PROPERTY LINES IS NOT CONTRARY TO THE PUBLIC INTEREST. C, THE NEIGHBOR NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE ENHANCES THE PRIVACY AND SECURITY OF THE SUBJECT PROPERTY AND IS UNLIKELY TO INJURE NEIGHBORING PROPERTIES. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION WITH, IN WHICH THE PROPERTY FOR WHICH THE PRO SPECIAL EXCEPTION IS SOUGHT. THE FENCE PROVIDES A SAFE ENVIRONMENT FOR THE PROPERTY OWNER AND DOES NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE RED LAKE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT IN A MOTION. SECOND, AND IF ANYONE LIKES TO MAKE A DISCUSSION HERE, I THINK WE PRETTY MUCH COVERED THAT. SO LET'S GO AHEAD AND GO TO THE VOTE. WHO IS SECOND? MR. KEANU? I CONCUR. MS. CRUZ? YES, I CONCUR. [04:05:01] MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. DR. ELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MR. ORIAN? YES, I CONCUR. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MR. NEFF? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION PASSES, UH, UH, LUCK. THE NEXT CASE, [10. 19-9189 BOA-19-10300152: A request by Bill Krupa for a 13’ variance from the 20’ rear setback requirement to allow an attached addition to be 7’ from rear property line, located at 22018 Advantage Run. Staff recommends Approval. (Council District 9) (Debora Gonzalez, Senior Planner (210) 207- 3074, debora.gonzalez@sanantonio.gov, Development Services Department)] I BELIEVE IS OUR LAST CASE, B O A 19 1 0 3 0 0 1 5 2, LOCATED AT 22 0 18 ADVANTAGE RUN APPLICANT BILL KRUPA. UM, REQUEST IS FOR A 13 FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ATTACHED ADDITION TO B SEVEN FEET FROM THE REAR PROPERTY LINE R FIVE MLO, D ONE M R ONE E R CD. THE APPLICANT IS SEEKING TO BUILD A ROOM ADDITION TO THE REAR OF THE HOME. THE APPLICANT IS SEEKING TO ENCROACH ONTO THE REAR SETBACK PROPERTY LINE, LIVING ENOUGH SPACE, UH, FOR OPEN SPACE SEPARATION. AND THIS IS A SINGLE FAMILY COMMUNITY. HERE IN THE SITE PLAN, WE CAN SEE THE CURRENT SURVEY AND THIS IS THE PORTION OF THE ADDITION WHERE THE APPLICANT IS SEEKING TO ENCROACH EVERYTHING ELSE. SO OPEN SPACE HERE IS THE SUBJECT PROPERTY. THIS IS THE SUBJECT PROPERTY REAR REVIEW SUBJECT PROPERTY. THIS IS WHERE THE ADDITION WILL BE EXTENDED NEIGHBORING PROPERTIES EVER RECOMMEND APPROVAL OF VARIANCE IN B O A 19 103 0 0 1 5 2. BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST DOES NOT NEGATIVELY IMPACT THE SURROUNDING, UH, PROPERTY OWNERS AND THE PROPOSED PROJECT ADHERES TO ALL OTHER SETBACK REQUIREMENTS. UM, MAIL TO 40 NOTICES. TWO IN FAVOR, ZERO IN OPPOSITION. QUESTIONS ORIAN ORIAN. GO AHEAD. YEAH, THE, UH, THE, THE CASE SAYS THAT IT'S A 13 FOOT VARIANCE THAT GO DOWN TO SEVEN FEET IN THE 20 FOOT REAR SETBACK. BUT ON THE SKETCH, IT, IT SHOWS SEVEN FOOT SIX INCHES AND FOUR FOOT SIX INCHES FROM THE 20 FOOT B S L LINE AS HE, IS HE TRYING TO, IS HE ATTEMPTING TO GO TWO, SEVEN FEET FROM THE REAR PROPERTY LINE OR JUST 12 AND A HALF? UM, THERE IS A, I WOULD YIELD TO THE APPLICANT TO FURTHER EXPLAIN ON THAT. OKAY. BECAUSE OF THAT EASEMENT THAT MARKS AT 12 FEET, I THINK. SO THAT'S WHAT, UH, THAT DASH LINE IS, BUT HE'LL DEFINE THAT. THANK YOU. MM-HMM. THE APPLICANT FORWARD. I'M SORRY, . MY NAME IS BILL KRUPA. I RESIDE AT 3 3 3 EL PORTAL. I'M REPRESENTING THE STYLES AT, UH, THIS ADDRESS HERE. I'M THEIR BUILDER AND ALSO THE ONE THAT DESIGNED THE ADDITION. UM, TO ANSWER YOUR QUESTION, WE ARE ONLY LOOKING FOR SEVEN FOOT, SIX FEET INTO THE EASEMENT. UH, SOMEWHERE ALONG THE WAY THERE, SOMEWHERE ALONG THE WAY, THERE'S A TYPO ON THAT. AS FAR AS THE PREPARATION FOR THIS. UH, THERE STILL WILL BE 12 AND A HALF TO 13 FEET BEHIND IT TO THE REAR FENCE, WHICH IS THE UTILITY EASEMENT, WHICH WE, UH, DELIBERATE DELIBERATELY STAYED AWAY FROM IN THE DESIGN PROCESS OF THIS. IT WASN'T UNTIL, UM, WE SUBMITTED FOR THE PERMIT THAT I REALIZED THERE WAS A 20 FOOT BUILDING SETBACK LINE. THIS HAS BEEN APPROVED BY THE H O A AND, UH, STONE OAK. AND, UM, ALSO I BELIEVE THERE'S BEEN FOUR OR FIVE RESIDENTS AROUND THERE THAT THE STYLES HAVE GONE, SHOWED THEM THE DRAWINGS AND THE PLANS. UM, AND WE SUBMITTED THOSE LETTERS ALONG WITH THE APPLICATION. DO YOU HAVE ANY, UH, QUESTIONS FOR THAT CORIAN? SO JUST SO JUST TO BE CLEAR, UM, YOU DON'T, YOU'RE SAYING 12 AND A HALF, BUT I'M TRYING TO, YOU KNOW, THE, IT WAS ADVERTISED FOR SEVEN FEET AWAY FROM THE BACK PROPERTY LINE, WHICH WOULD BE FIVE FEET INTO THE ELECTRIC AND, AND EASEMENT. WE WILL NOT BE IN THE ELECTRICAL EASEMENT AT ALL. AND YEAH, BECAUSE IT WAS, I WAS CONCERNED 'CAUSE THERE'S A TRANSFORMER BACK THERE, CORRECT. AND PEDESTAL AND EVERYTHING. CORRECT. OKAY. AND LIKE I SAID, WHEN WE DESIGNED IT, THAT WAS DELIBERATE. WE STAYED AWAY FROM THAT EASEMENT. IT WASN'T UNTIL [04:10:01] PERMITTING STAGE WHEN WE FOUND OUT THERE WAS A 20 FOOT BUILDING SETBACK LINE. AND THAT'S WHAT WE'RE ENCROACHING UPON. OKAY. SO THEN YOU FEEL CONFIDENT THAT, UM, YOU, THE SEVEN FOOT SIX, UH, INCH DIMENSION WOULD TAKE IT DOWN TO 12 AND A HALF FEET? THAT'S CORRECT. OKAY. AND THAT'S ENOUGH? YES. OKAY. THANK YOU. I LAID IT OUT MYSELF. ANYONE ELSE HAVE A QUESTION FOR THE APPLICANT? UNWRITTEN THE CASE. OH, GEEZ, YOU'RE, YOUR DAY THE BEST FOR LAST. OKAY. AND THEN I'M CLOSING THIS TO THE FLOOR , AND, UH, I'M GONNA HOPE THAT SOMEONE IS WILLING TO MAKE A COURT MOTION. THANK YOU. MR. DO. REGARDING CASE NUMBER A DASH 19 DASH OH 3 52, I MOVE AT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A SEVEN AND A HALF FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW AN ATTACHED ADDITION TO BE 12 AND A HALF FEET FROM THE REAR PROPERTY LINE, SITUATED AT 2 2 0 1 8 ADVANTAGE RUN APPLICANT BEING BILL KRUPA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE VARI SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS REPRESENTEDED BY SETBACKS TO PROVIDE SEPARATION BETWEEN INCOMPATIBLE USES AND TO ENSURE FAIR AND EQUAL ACCESS TO AIR AND LIGHT. THE PROPOSED ADDITIONS WALL WILL BE FIRE RATED. THE PROPOSED ROOM ADDITION WILL BE IN HARMONY WITH THE NEIGHBORING PROPERTIES. THE BOARD FINDS THAT THE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE, WHICH RESULTED IN UNNECESSARY HARDSHIP, AN UNNECESSARY HARDSHIP WOULD RESULT FROM THE LITERAL ENFORCEMENT OF THE ORDINANCE IN THAT THE PROPER OWNER WOULD NEED TO MODIFY THE PROPOSED ROOM EDITION. THE BOARD FINDS THAT A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN, IN SUBSTANTIAL JUSTICE WILL BE DONE. THE GRANTING OF THE REQUESTED VARIANCE WOULD BE IN HARMONY WITH THE SPIRIT OF THE ORDINANCE. THE INTENT OF THE SETBACK REQUIREMENTS IS TO PREVENT UNNECESSARY TRESPASS ON ADJACENT PROPERTY FOR MAINTENANCE, FIRE SAFETY, AND ENSURE PROPER STORMWATER MANAGEMENT. ALL OF THESE INTENTS WILL STILL BE MAINTAINED WITH THE GRANTING OF THIS REQUEST. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THIS VARIANCE WILL NOT SUBSTANTIALLY INJURE OR ALTER THE USE OF CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT. SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOLD AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCE PRESENT IN THIS CASE IS THAT THE PROPERTY EDITION DOES MEET THE SIDE SETBACK. THIS SETBACK ISSUE IS NOT MERELY FINANCIAL IN NATURE. END OF MOTION. A SECOND. SECOND. ALL RIGHT. SESSION HERE. I'LL BE ALL FOR THESE. STAYING OUT OF THE, UH, EASEMENT AND NOBODY SEEMS TO, UH, BE OPPOSED TO WHAT HE'S DOING, SO I'LL BE FOR IT. OKAY. HOW ABOUT MR. MR. TEAL? WAS THAT YOU? NO, THAT WAS MR. MANNA DEAR MANNA. SO I CONCUR WITH MY COLLEAGUE AND YEAH, I, I DIDN'T SEE ANYTHING THAT, THAT, UH, STRUCK ME AS, UH, BAD. SO THIS LOOKS LIKE A REALLY GOOD, ACTUALLY ADDITION. SO, SO I'LL BE FOR IT. ANYONE ELSE? GO AHEAD AND TAKE THE VOTE. MR. ORIAN. UH, I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. DR. ELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. BRITTON? YES. MR. OZUNA? YES. I CONCUR MR. NCUR WITH THE FINDINGS OF FACT. MR. KEANU? YES, I CONCUR. MR. MARTINEZ, [04:15:15] OF COURSE. VOTE IN FAVOR THEN. THEREFORE, EVEN WITH, UH, MR. TEAL'S APPROVAL, IT WILL DEFINITELY PASS. SO GOOD LUCK WITH YOUR PROJECT. THANK YOU FOR BRINGING IT BEFORE TO THE BOARD BEFORE YOU BEGAN, AND THANK YOU FOR BEING SO PATIENT, AND I HOPE YOU DON'T CATCH A CALL. UH, FIRST THING I WANT TO BRING UP IS, UH, THE FACT THAT, UH, THE ATTACK BOARD IS GOING TO BE, UH, REPRESENTING US AND THEY'RE TAKING THEIR OR THEIR PETITIONS IN BY JANUARY 1ST. IS THAT CORRECT? IT OPENS UP. THAT WOULD KNOW BETTER THAN I WOULD THE DATES. UH, SO OUR 2020 U D C AMENDMENT PROCESS STARTS, UH, JANUARY 1ST. AND SO WE'LL START RECEIVING, UM, A, WE CAN START RECEIVING AMENDMENTS FROM EXTERNAL A, UH, AGENCIES AND ORGANIZATIONS STARTING ON JANUARY 1ST. UM, AND THEY HAVE UNTIL MAY 1ST, UH, WHICH IS THE DEADLINE TO, UH, SUBMIT. AND THEN AFTER THAT IS WHEN, UH, THE TAC WILL START MEETING REGULARLY IN ORDER TO GO THROUGH ALL OF THOSE AMENDMENTS TO DETERMINE WHAT IS THE FINAL PACKAGE THAT MOVES FORWARD TO, UH, CITY COUNCIL THROUGH THE CODE AMENDMENT PROCESS IN JANUARY. I BELIEVE WHAT WE DO IS IF THERE ARE ANY VACANCIES OR, UH, TERM LIMITS FOR THE, FOR THE P TTAC IS WE, UH, TYPICALLY WILL IN JANUARY, IN ADDITION TO OUR APPOINTMENTS OF CHAIRS, VICE CHAIRS, AND PRO TEMS. WE'LL BRING THAT ITEM FORWARD. I DON'T KNOW IF WE NEED TO FOR THE BOARD OF ADJUSTMENT. I DO KNOW ON MY OTHER COMMISSIONS I HAVE TO DO THAT, BUT, UH, WE'LL MAKE SURE THAT THAT'S ON THE JANUARY 13TH, UH, AGENDA IF NECESSARY. MICHAEL, MAKE MY RECOMMENDATION IS ANYBODY THAT, ANYONE ON THE BOARD HERE THAT HAS A RECOMMENDATION ABOUT ANYTHING THAT NEEDS TO BE REVISITED IN ZONING, WHETHER IT BE, UM, SPECIAL INTEREST AREAS LIKE FENCE OR, UM, THE, UH, GOT THE HAIR HAIRDRESSER ORDINANCE AND ALL THOSE DIFFERENT THINGS, IF YOU HAVE ANY RECOMMENDATIONS, PLEASE SUBMIT 'EM TO THE, TO, UH, ME OR TO MR. NEFF SO WE MAKE SURE THAT WE GET THESE INCLUDED AND YES. AND NEXT YEAR'S. SO ITEMS CAN BE, UM, SUBMITTED BY STAFF, UH, THAT ARE EDITING, CLARIFYING, AND OUR POLICY CHANGES AND COMMISSIONS ARE, AND BOARDS ARE ALLOWED TO SUBMIT ITEMS AND WE HELP THOSE BOARDS AND COMMISSIONS DRAFT THINGS. SO, UM, PROBABLY RIGHT AROUND MARCH, APRIL IS WHEN WE WILL HAVE, UM, PRESENTATION TO YOU ABOUT WHAT OUR STAFF INITIATED AMENDMENTS AND, UH, FOR EXAMPLE, THE BEAUTY, UH, SALONS, MAKING THEM A HOME OCCUPATION IS, IS ONE OF THE AMENDMENTS THAT WE'RE PUTTING FORWARD. UM, BUT ONE THAT WE, UH, WOULD LIKE TO HEAR FROM YOU GUYS ON IS THE CORRUGATED METAL, UM, IN, IN THE CODE AND SEE IF THERE IS SOME, UH, TOLERANCES TO ALLOW THEM BY RIGHT. IN CERTAIN CASES. AND SO THAT'S WHERE WE'LL COME AND VISIT WITH YOU. SEE IF WE HAVE, UM, CONSENSUS TO PUT, TO PUT THAT FORWARD AS AN AMENDMENT WE'LL, AND WE WILL WORK TO DRAFT THAT LANGUAGE. BUT IF THERE'S ANY OTHERS, WE CAN ALSO PUT THAT ON THE LIST AS A, UH, BOARD OR COMMISSION SPONSORED AMENDMENT. UH, CATHERINE, UH, DOES, OR, OR CHAIR, IS THERE GONNA BE A, UH, AN INTENT TO HAVE LIKE A, LIKE A WORKSHOP LUNCH JUST TO TALK ABOUT THINGS THAT WE CAN ABSOLUTELY. YES. YES. AND HOW EXACTLY YOU WOULD NEED THE INFORMATION FROM US? WELL, WHAT WE, WHAT WE WOULD DO IS PROBABLY IN MARCH DO THAT WORK SESSION, TALK ABOUT THE STAFF, UM, INITIATED AMENDMENTS, AND THEN FROM THERE, GET SOME FEEDBACK, INPUT FROM YOU ON THINGS THAT YOU'VE BEEN NOTICING OR THINGS THAT YOU WOULD LIKE FOR US TO LOOK INTO. AND THEN, AND THEN CONTINUE TO HAVE THOSE FOLLOW UP WORK SESSIONS TO MAKE SURE THAT WHATEVER IS THE PACKAGE, WHATEVER IS THAT FINAL PACKAGE WOULD BE, UM, IN A REGULAR MEETING THAT WOULD BE A MOTION FOR A, A RECOMMENDATION TO MOVE FORWARD THROUGH THAT PROCESS. BUT YES, WE, WE DO THAT WITH ALL OUR BOARDS AND COMMISSIONS. I, I JUST WANNA MAKE SURE THERE'S ENOUGH TIME FOR EVERYBODY TO SIT, TALK ABOUT IT, AND THEN HAVE YOU PREPARE WHATEVER WE'RE GONNA VOTE ON, I GUESS. ABSOLUTELY. AND WE WILL FEED YOU TEAL. IS THERE ANY TALK OF A CONSENT AGENDA FOR SOME OF THE THINGS THAT WE SEE REPEATEDLY? IT SEEMS LIKE A LOT OF TIME IS SPENT ON CERTAIN THINGS OVER AND OVER AGAIN. AND IF WE HAD MAYBE A SET OF STANDARDS OR SOMETHING WE HAVE VISITED WITH THAT, ESPECIALLY WHEN, UH, THE SHORT-TERM RENTAL ORDINANCE WAS BEING ADOPTED, WE WERE CONCERNED AS TO HOW MANY WE WOULD GET AND HOW MANY WOULD BE SEEN BEFORE YOU ON A BOARD. BUT WE HAVE HAD SOME DISCUSSIONS. IT'S JUST IT'S KIND OF DIFFICULT BECAUSE EACH CASE IS UNIQUE AND NOT EVERY VARIANCE OR SPECIAL EXCEPTION IS THE EXACT SAME AMOUNT. UH, BUT WE CAN CERTAINLY VISIT WITH THE ATTORNEY'S OFFICE TO SEE WHAT ARE THOSE PARAMETERS [04:20:01] THAT WE CAN LOOK AT FOR CONSENT INFORMATION. ANY CASE THAT HAS A WITNESS IN A OPPOSITION CANNOT GO TO CON IN CONSENT AGENDA. SO, SO YOU CAN YES. WHAT DO THEY DO WITH EACH? BUT WE ARE A LITTLE BIT DIFFERENT IN THAT WE TREAT EACH CASE INDIVIDUALLY AND, AND BECAUSE OF OUR STATURE THAT, UM, WE HAVE TO GIVE THE, THE, THE PUBLIC MOTION A WAY OF EXPRESSING THEIR, THEIR OPINIONS. UM, SECONDLY, I WANTED TO, TO BRING UP ON THE, UM, MINUTES, HAS [11. 19-9369 Consideration and approval of the November 19, 2019 Board of Adjustment Minutes.] EVERYONE HAD THE OPPORTUNITY TO BRING, TO READ THE MINUTES? I'VE NOTED THAT WE ARE STILL INCLUDING REBA ON THE STAFF, BUT SHE'S NOT BEING INCLUDED IN THE ROLL COUNT. UM, I JUST WONDERED WHY WE WERE DOING THAT. I DON'T THINK OUR MINUTES HAVE EVER REFLECTED ABSENCES, BUT WE WILL CHECK TO MAKE SURE WHAT OUR, WHAT WE'VE DONE IN THE PAST AS IT HAS, IT HAS TO DO WITH THOSE PEOPLE THERE. IT DOES ACTUALLY UNDER ROLL CALL, IT SAYS PRESENT AND THEN LISTS OUT THE, UM, THE BOARD MEMBERS THAT ARE PRESENT AND THEN IT SAYS, AND THEN AS WELL AS ANY ALTERNATES THAT ARE, UM, THAT ARE UP HERE. AND THEN IT ALSO LISTS OUT THE BOARD MEMBERS WHO ARE ABSENT DOESN'T MAKE MENTION OF ALTERNATES. AND MS. MALONE, DISTRICT THREE IS NOT LISTED AS, AND SHE'S A REGULAR BOARD MEMBER, IS NOT LISTED AS ABSENT IN THIS SET OF MINUTES. IS IT JUST MAYBE WE MISSED IT ON THIS SET OR IN PREVIOUS ONE? I THINK IT'S, WE'VE BEEN PRACTICING THIS FOR A WHILE. YEAH. IF THAT IS, IF THAT'S THE COMMON OCCURRENCE THAT WE NEED TO MAKE SURE THAT WE'VE HAVE OUR REGULAR MEMBERS LISTED AS ABSENT, WE'LL MAKE SURE THAT WE CATCH THOSE. RIGHT. OKAY. NEXT. UH, THOUGH THOSE THAT HAVE REVIEWED THE MINUTES, OTHER THAN THAT CORRECTION, WHAT, UH, YOU MAKE ANY RECOMMENDATION? NONE, THEN THE MINUTES ARE APPROVED WITH THAT CORRECTION BEING MADE. SECONDLY, UH, LASTLY I SHOULD SAY THAT, UH, THIS WAS THE LAST OF OUR MEETING FOR THIS YEAR, SO MERRY CHRISTMAS TO ALL OF YOU AND A HAPPY NEW YEAR IF YOU DON'T RUN ACROSS ME SOMEWHERE ELSE FIRST. YEAH. OKAY. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.