[00:00:04]
I HEREBY CALL THIS MEETING THE BOARD OF ADJUSTMENTS INTO SESSION.
CAN WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE? ES? THANK YOU VERY MUCH.
STAFF, IF YOU COULD PLEASE CALL ROLE COMMISSIONER REED.
COMMISSIONER ROSALINA PRESENT.
AND I'M PRESIDENT THAT THAT MAKES 10.
WE HAVE A QUORUM AND IF EVERYONE COULD PLEASE RISE AND JOIN ME IN THE PLEDGE I PLEDGE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.
ONE NATION UNDER GOD, AN INDIVIDUAL WITH LIBERTY JUSTICE FOR ALL.
I PLEDGE TO ALLE THE CITY, TEXAS.
[ Briefing and Possible Action on the following items ]
PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY A NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES IN THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THIS BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMMON IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE AUDIT AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS THAT HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION BY MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 UNAUTHORIZED VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUEST FOR VARIANCES AND REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY THE CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION AND IN ORDER FOR A MOTION TO CARRY, IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANTED THE RELEASE SOUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELEASE CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL BE 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 OF SPECIAL EXEMPTION AND THE PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS INDICATES THOSE PROPERTY IN FAVOR OF REQUEST EXTEND INDICATES THOSE PROPERTY OWNERS AND OPPOSITION FOLLOWING THIS PRESENTATION.
ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OF SPECIAL EXEMPTION.
YOU'LL BE CALLED ON THE ORDER TO SIGN UP TO SPEAK FOR THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A MAXIMUM TIME LIMITATION FOR THOSE WOULD LIKE TO GIVE UP THEIR TIME TO THE SPEAKER.
THE SPEAKER WILL BE ALLOWED MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
[00:05:01]
BEGIN WITH, UH, ITEM NUMBER ONE A STR CASE AT 2 47.ADAM, THE PLANNER FOR DEVELOPMENT SERVICES.
THIS IS BO OA DASH 26 DASH 1 0 3 0 0 0 7 9 LOCATED AT 2 47 PRINCETON IN COUNCIL.
APPLICANT PROPERTY OWNER IS ELVIS TREVINO AND THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL PERMIT ON THE BLOCK FACE.
UH, THIS PROPERTY ZONING IS IDZ WITH USES PERMITTED FOR THREE DWELLING UNITS.
UH, SUBJECT PROPERTY IS LOCATED AT 2 4 7 PRINCETON.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
UM, THIS IS A, UM, REQUEST FOR A SPECIAL EXCEPTION AND PER CITY CODE TYPE TWO SHORT TERM RENTALS SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE.
UH, THE BLOCK FACE IN QUESTION IS MADE UP OF 15 UNITS.
THERE IS ONE ACTIVE TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE LOCATED AT TWO 11 PRINCETON BLOCK.
FACE DENSITY IS CURRENTLY AT 6.6%.
UH, IF AN ADDITIONAL TYPE TWO IS APPROVED, THE BLOCK FACE WILL BE AT 13.3% WHICH EXCEEDS THE 12.5% LIMITATION.
APPLICANT ORIGINALLY SUBMITTED UH, THE APPLICATION, UM, FEBRUARY 3RD, 2026.
THE APPLICATION WAS PLACED ON PENDING BOA DECISION FOR EXCEEDING BLOCK FACE DENSITY.
AS MENTIONED, THERE'S UM, ALREADY PREVIOUSLY A TYPE TWO SHORT-TERM RENTAL PERMIT THAT WAS PERMITTED, UH, IN OCTOBER OF 2025 AT TWO 11 PRINCETON.
AND THAT PROPERTY IS CURRENT ON THEIR HOT TAXES AND THERE IS NO CODE ENFORCEMENT HISTORY OR ACTIVE LISTINGS FOR THIS PROPERTY.
THIS IS THE SITE PLAN AND THEN WE HAVE THE SUBJECT PROPERTY FOLLOWED BY THE SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S REQUEST.
NOTICES RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION.
UH, NO VOICEMAILS WERE RECEIVED AND NO RESPONSE FROM UPTOWN NEIGHBORHOOD ASSOCIATION.
UH, NO RESPONSE FROM SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION OR ANY OF THE FIVE CITYWIDE GROUPS.
LET THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME, TELL US ABOUT YOUR SDR.
I'M THE OWNER AT 2 47 PRINCETON, AND THE REQUEST IS FOR A SLIGHT INCREASE IN BLOCK FACE DENSITY, UH, TO OPERATE THE STR.
UM, I WAS HERE ON MAY 4TH, UH, PRESENTING, UH, MY CASE.
UM, SO QUICK SUMMARY POINTS FROM THAT DISCUSSION, UM, IS THAT THE PROPERTY ALLOWS FOR, UM, FOUR OFF STREET PARKING, UH, SPACES INCLUDING A DETACHED GARAGE.
SO THAT, UH, KIND OF HELPS OUT WITH SOME OF THE TRAFFIC CONTROL, UM, UH, CONCERNS THAT MAY ARISE.
UM, ADDITIONALLY, UH, THE MANAGEMENT AND OPERATION CONTROLS THAT WILL BE IN PLACE ARE GONNA BE NO PARTY OR NO EVENT POLICY, UM, ENFORCED QUIET HOURS.
UH, I'LL PERSONALLY BE DOING A, A GUEST SCREENING AS WELL AS ANY BOOKING OVERSIGHT AND, UM, UM, MY, UH, COMMITMENT TO REMAIN IN COMPLIANCE WITH THE CITY.
UM, ALSO SINCE I AM LOCAL, UH, THE PROPERTY WILL REMAIN LOCALLY OWNED AND ACTIVELY, UH, MANAGED BY, UH, LOCAL PRESENCE.
SO THERE WILL BE, UH, LOCAL AVAILABILITY TO ADDRESS ANY, UH, CONCERNS OR ANY, UH, ISSUES THAT MAY ARISE.
UM, SO FOLLOWING, UH, THE LAST MEETING, THERE'S A DISCUSSION.
UH, IT WAS RECOMMENDED THAT I REACH OUT TO THE NEIGHBORHOOD ASSOCIATION AND GET SOME SUPPORT, UM, AND REACH OUT TO THE NEIGHBORS AND, UH, TRY TO ALSO GET SOME SUPPORT FOR THE PROPERTY.
UM, SO WHAT I DID WAS, UH, I, UH, WALKED THE NEIGHBORHOOD AND, UM, ANYBODY WITHIN THE RADIUS THAT WAS NOTIFIED, UM, AND I WAS ABLE TO ATTAIN SOME SUPPORT AND SOME SIGNATURES, UM, IN SUPPORT OF THE STR.
UM, AND THEN YES, AND THEN, UH, ADDITIONALLY I COMMUNICATED WITH THE PRESIDENT OF THE UPTOWN NEIGHBORHOOD ASSOCIATION AND REQUESTED, UH, A LETTER IN SUPPORT OF THE STR AND THAT IS WHAT'S
[00:10:01]
UP ON THE SCREEN.AND I WOULD ALSO LIKE TO NOTE THAT THE PRESIDENT OF THE, UH, NEIGHBORHOOD ASSOCIATION IS WITHIN THE PERIMETER OF WHERE THE NOTICES WERE MAILED.
BRAGMAN COMMISSIONER BREGMAN, UH, DO YOU HAVE ANY OTHER SHORT TERM RENTALS? NO, I HAVE A LONG-TERM RENTAL, BUT NO OTHER SHORT TERM RENTALS.
AND, UM, YOU'RE GONNA BE MANAGING THIS YOURSELF? YES.
UM, HOW FAR DOWN IS THE OTHER, UH, SHORT TERM FROM, FROM YOUR, I KNOW IT'S DOWN THE BLOCK, BUT ABOUT HOW MANY HOUSES DO YOU KNOW? UM, UM, IT IS LOCATED AT TWO 11.
UH, IT'S PROBABLY ABOUT 10 HOUSES DOWN.
UH, THANK YOU FOR GETTING THESE ITEMS FOR US.
UH, I REMEMBER YOU FROM THE LAST MEETING, UM, YOU SAY YOU HAVE A LONG TERM RENTAL AND A SHORT TERM RENTAL.
THIS IS YOUR SHORT TERM RENTAL.
UM, IS THERE LIKE A FINANCIAL HARDSHIP OR, OR WHAT'S THE HARDSHIP IF YOU DON'T GET THIS PERMIT APPROVED? UM, FOR THIS PROPERTY I OPERATED IT AS A LONG-TERM RENTAL AND FRANKLY, I WAS LOSING MONEY ON IT.
UM, SO I THINK I'D HAVE TO WEIGH THE OPTIONS OF SELLING OR, UM, KEEPING IT ON THE MARKET AS A LONG TERM UNTIL SOMEONE CAME AROUND, BUT I GOTCHA.
SO YOU SAID YOU WERE LOSING MONEY AS A LONG TERM RENTAL.
DOES IT HAVE A MORTGAGE OUT ON IT? YEAH, THERE'S A MORTGAGE ON IT.
YOU WEREN'T ABLE TO COVER THE MORTGAGE OR MAINTENANCE? NO, I, I WAS ESSENTIALLY PAYING FOR UTILITIES AND MAINTENANCE AND THEN SOME OF THE MORTGAGE.
ANYONE ELSE? ALRIGHT, IS THERE ANYONE SIGNED TO SPEAK ON THIS? NOBODY SIGNED UP TO SPEAK.
OKAY, IF THERE'S NO OTHER QUESTIONS, I'M LOOKING FOR A MOTION BRAGMAN.
COMMISSIONER BRAGMAN, REGARDING CASE NUMBER BO A DASH 26 DASH 0 3 0 7 9, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL SITUATED 2 4 7 PRINCETON, APPLICANT BEING ELVIS RAVINO 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 THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
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.
UH, THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED IF AN ADDITIONAL SHORT TERM RENTAL PERMIT WAS APPROVED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY AND MULTIFAMILY STRUCTURES.
THE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WAS SUBSTANTIALLY IN INJURED NEIGHBORING PROPERTIES AS A TYPE TWO SHORT TERM RENTAL.
THE ADEQUATE, UH, UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR.
PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUS REVOKED, PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTION OF CHAPTER 16 F.
THE SPECIAL EXCEPTION WILL NOT AL ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFFICE THREE PARKING AND MAINTAINING IT FROM THE NEIGHBORHOOD PROPERTY.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND A LOCATION IN WHICH THE PROPERTY IS SEEKING.
COMMISSIONER BAGMAN? UH, YEAH, I'LL BE IN SUPPORT OF THE, THE MOTION FOR A COUPLE OF REASONS.
UH, ONE, THE, UM, VARIATION IS VERY SLIGHT.
UH, THE FACT THAT NEIGHBORS HAVE, UH, SO SHOWN SUPPORT FOR THE APPLICANT AS WELL AS THE HOMEOWNER ASSOCIATION, UH, PRESIDENT LIVING WITHIN THAT, UM, 200 FOOT RADIUS AND ALSO PROVIDING A LETTER OF SUPPORT, I THINK SPEAKS TO, UM, THE, THE FACT THAT THE NEIGHBORHOOD IS SUPPORTING THIS.
SO I WILL, UH, BE IN SUPPORT OF THE MOTION.
[00:15:01]
UH, I, I AGREE WITH MY COLLEAGUE.I ALSO BE IN SUPPORT FOR THE REASONS, UM, STATED BY COMMISSIONER WEGMAN.
UM, YOU KNOW, IN ADDITION, THE MARGINS ARE TOUGH.
YOU KNOW, WHEN, WHEN YOU'RE TALKING LONG TERM RENTAL, SHORT TERM RENTAL, YOU KNOW, THIS IS A SMALL LOCAL INVESTOR, YOU KNOW, THESE MOM AND POP INVESTORS THAT DO THESE AIRBNBS.
IT'S NOT ALWAYS GLAMOROUS AND THEY'RE NOT DOING IT, YOU KNOW, TO GET RICH.
THEY'RE DOING IT TO COVER THE MORTGAGE A LOT OF TIMES.
'CAUSE LIKE I SAID, THESE MARGINS ARE SMALL.
ANYONE ELSE LIKE TO ADD HEARING NOW? OH, COMMISSIONER ZU.
I WAS JUST GONNA SAY I'M IN SUPPORT TOO AS WELL, BUT WE'RE 10 IMP PANELED ON THE, ON THE FLOOR TODAY.
RIGHT? SO IF THERE'S ANY OPPOSITION, I I WISH WE COULD HEAR THAT OPPOSITION, GIVE THE APPLICANT A CHANCE TO PROVIDE SOME KIND OF FEEDBACK AND PERHAPS KIND OF DISCUSS WHAT HAPPENS.
NEXT STEP IF WE'RE NOT FULLY, WELL, IF THERE'S ANY COMMISSIONERS THAT ARE, THAT ARE IN OPPOSITION, UH, FEEL FREE TO TO, TO SPEAK UP.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR THE FINES OF FACT.
UH, NINE TWO, UH, ZERO WITH AN ABSTENTION.
ITEM NUMBER TWO IS BO OA DASH 26 DASH 1 0 3 0 0 5 5 LOCATED IN DISTRICT 10 AT 5 3 9 CALUME PLACE.
THE ZONING IS NP EIGHT AND THE REQUEST IS FOR ONE, A ONE FOOT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM THREE FOOT TO ALLOW A FOUR FOOT FRONT YARD SOLID FENCE ALONG THE WEST SIDE FRONT YARD PROPERTY LINE AND TWO, A FIVE FOOT DRIVEWAY CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A 10 FOOT CLEAR VISION AREA FOR THE FRONT AND REAR YARD.
DRIVEWAYS AND ALLEY, THE SUBJECT PROPERTY'S ADDRESSED OFF OF CALLE PLACE AND IS LOCATED AT THE CORNER OF CALLE PLACE AND KENWORTH BOULEVARD.
THE IMMEDIATE SURROUNDING AREA CONSISTS PRIMARILY OF NP EIGHT RESIDENTIAL BASED ZONING DISTRICTS.
HOWEVER, THEIR MF 33 R FOUR FOR PARK AND CHURCH AND IDZ FOR RESIDENTIAL USE BASED ZONING DISTRICTS AND THE NEARBY SURROUNDING AREA.
IN FEBRUARY OF 2026, A PERMIT INVESTIGATION CASE WAS OPEN FOR BUILDING A FENCE WITHOUT A PERMIT ON THE SUBJECT PROPERTY THE APPLICANT HAS SINCE FOR A NEW FENCE PERMIT THE REVIEW FOR WHICH IS ON HOLD DUE TO THE PROPOSED FENCE HEIGHT.
STAFF VISITED THE PROPERTY IN MARCH OF 2026 AND VERIFIED THE REAR FENCE IS EIGHT FEET TALL, WHICH IS PERMISSIBLE DUE TO THE ADJACENT ALLEY.
STEPH ALSO FOUND CONDITIONS THAT WOULD NECESSITATE CLEAR VISION VARIANCES.
THE FENCE IS CONSTRUCTED AND THE PERMIT FOR THE FENCE IS PENDING.
BOARD OF ADJUSTMENT HEARING OUTCOME.
THIS IS THE SITE PLAN SHOWING THE CLEAR VISION REQUESTS AND THE FRONT YARD FENCE REQUEST.
THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL FOR THE FENCE SITE SPECIAL EXCEPTION, AND BOA DASH 26 DASH 3 5 5 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE ABUTTING AND IMMEDIATE NEARBY PROPERTIES DO NOT HAVE FENCE HEIGHTS SIMILAR TO REQUEST.
AND TWO, THE REQUEST OF SPECIAL EXCEPTION WOULD BE INTRODUCING A FENCE HEIGHT THAT IS INCONSISTENT WITH THE CURRENT CHARACTER OF THE SURROUNDING COMMUNITY.
STAFF RECOMMENDS APPROVAL AND THE CLEAR VISION VARIANCE FOR BO OA DASH 26 DASH 0 3 55 BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THEIR PROPOSED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE FENCES DO NOT IMPEDE TRAFFIC TO SUFFICIENTLY NAVIGATE THE STREETS SCAPE TO THE GRANTING OF THE CLEAR VISION.
REDUCTIONS IN THIS INCIDENT WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE STREETS WOULD REMAIN NAVIGABLE BY CARS.
EVEN WITH THE GRANTING OF THE REDUCED DISTANCES FROM THE DRIVEWAYS AND THE SURROUNDING CARS SERVING INFRASTRUCTURE RESTRUCTURED STAFF MAIL 30 NOTICES THREE WERE RECEIVED IN FAVOR.
ONE WAS RECEIVED IN OPPOSITION OUTSIDE 200 FEET, TWO WERE RECEIVED IN FAVOR, ZERO IN OPPOSITION.
AND FOR VOICEMAILS RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION.
OAK PARK NORTHWOOD NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE.
THIS CONCLUDES STAFF'S PRESENTATION.
[00:20:01]
ONE QUESTION.ONE OF THE PICTURES ON THE SURROUNDING AREAS IS THE STREET GREEN.
THE, THE STREET IS NOT ACTUALLY GREEN IN REAL LIFE.
I THINK THAT'S JUST, UH, OKAY.
JUST WONDERING, COMMISSIONER MANNA.
SO, SO, UM, TRYING TO UNDERSTAND, UM, HOW THE TWO ALIGN WITH REGARDS TO THE POSITION FOR ONE AND TWO.
UM, THE CLEAR VISION, UM, IS IT THE HEIGHT OR IS THE DEFENSE COMES THAT FAR FORWARD? WHAT IS, WHAT IS BEING, I GUESS, APPROVED OR WHAT IS THE CITY? UM, OKAY WITH, WITH REGARDS TO THE CLEAR VISION VERSUS THE HEIGHT OF THE FENCE.
I'M TRYING TO UNDERSTAND WORDS.
TO MY UNDERSTANDING, STAFF IS A LITTLE MORE, UM, UNDERSTANDING IF THE CLEAR VISION IS, UM, WITHIN THE CERTAIN DISTANCE OF LIKE IF IT'S WITHIN, IF IT'S A SMALL AMOUNT OF A VARIANCE, STAFF HAS A LITTLE BIT MORE UNDERSTANDING OF RECOMMENDING APPROVAL FOR THE SITUATIONS VERSUS THE FENCE HEIGHT.
UM, STAFF DIDN'T FIND ANY EXTENUATING CIRCUMSTANCES TO MAKE A RECOMMENDATION OF APPROVAL FOR THAT FRONT YARD SOLID FENCE.
AND OUR, UH, CLEAR VISION IS BASED ON ANY, ANY FENCE, WHETHER IT'S PRIVACY OR, UM, PREDOMINANTLY OPEN OVER THREE FEET.
AND WE'VE OBSERVED IN THE NEIGHBORHOOD OTHER FENCES AROUND 10 FEET.
THAT'S WHY OUR RECOMMENDATION, WELL, FOR CLEAR VISION WAS THAT.
AND JUST TO JUMP ON THAT MAN, UH, COMMISSIONER MANER OVER HERE, UH, JUST THE DISTANCE THAT WE'RE MEASURING THERE IS WHERE THE FENCE, HOW CLOSE THAT FENCE IS TO THE CURB.
UM, SO THIS VARIANCE HERE IS IT'S MINIMUM 15 FEET REQUIRED PER THE SECTION OF FENCING CODE.
THEY ONLY HAVE 10 FEET MEASURED FROM THE CURB LINE, UM, TO THAT FIRST POINT OF THAT FENCE.
BUT, UM, NORMALLY WITH A CLEAR VISION, IT'S PREDOMINANTLY OPEN FENCING, YOU KNOW, IN THAT DISTANCE.
AND WE GENERALLY, UM, I GUESS HAVE DIALOGUE WITH PREDOMINANTLY OPEN FENCING IN THAT SPACE.
WE'RE HERE, IT'S A SOLID FENCE.
AND SO IS THERE A DIFFERENCE THERE FROM THAT PERSPECTIVE? THE STANDARD IS THE SAME FOR PREDOMINANTLY OPEN OR, UM, SOLID FENCING.
THE SECTION OF CODE DOES NOT ALLOW ANY TYPE OF FENCING TALLER THAN THREE FEET WITHIN THAT 15 FOOT AREA.
MR. CRUZ? UM, MY, I'M THINKING ABOUT IT.
SO THE CLEAR VISION IS JUST FOR ONE SIDE OF THE FENCE OR FOR BOTH SIDES? THE CLEAR VISION IS FOR THE, IF YOU SEE THAT SOUTH PROPERTY, THAT BOX WITH THE NUMBER TWO, IT IS FOR THAT.
IS THERE A STOP SIGN THERE AT THE CORNER? THAT IS A GOOD QUESTION.
I WOULD NEED TO LOOK INTO THAT.
THERE IS ON GOING TO THE EAST ON COMMENT PLACE.
OKAY, LET'S, UH, YEAH, BECAUSE WE'RE RECORDING THIS.
WE'LL WAIT TILL YOU, YOU COME UP.
UM, TO KEEP ANSWERING YOUR QUESTION, THE REQUEST FOR THE CLEAR VISIONS IS BOTH FOR THIS AREA RIGHT HERE, AND THEN THERE'S ALSO A, THERE'S A DRIVEWAY RIGHT HERE.
SO THE CLEAR VISION IS FOR THAT LOCATION ALSO.
ANYONE ELSE LIKE TO HAVE A QUESTION FOR STAFF? OKAY.
LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
HI, UH, MY NAME IS CHRIS CHOCO.
I'M ACTUALLY REPRESENTING, UH, THE HOMEOWNER JUSTIN DIGS.
BUT I WAS, UH, INVOLVED IN THE RENOVATIONS OF THIS PROPERTY.
UM, REALLY THIS WAS DONE AS A MISTAKE TO BE, YOU KNOW, PERFECTLY FRANK.
HE'S A FIRST TIME HOMEOWNER HIRED A FENCE, YOU KNOW, TO REPLACE A CHAIN LINK FENCE.
AND, UH, YOU KNOW, WE'RE GRATEFUL FOR THE ALLOWANCE OF THE CLEAR VISION EXCEPTION ON PART TWO.
AND WOULD JUST, UH, THE ONLY ARGUMENTS I WOULD MAKE IN, IN SUPPORT OF, OF THE, THE SOLID FRONT YARD FENCE THAT EXTENDS BEYOND AND IS OUT OF HEIGHT OF FOUR FEET.
UM, THERE IS A, UH, A HOUSE, I WISH I HAD BROUGHT PHOTOGRAPHS OF IT, BUT THERE'S A HOUSE ON ROBINHOOD ONE STREET OVER THAT IS ESSENTIALLY IDENTICAL EXCEPT FOR THAT IT'S CONSTRUCTED OF, UH, TWO LAYERS OF WOOD SLATS WITH TINY, UH, GAPS BETWEEN THEM.
BUT I, I DON'T IMAGINE YOU COULD SEE ANYTHING ON THE OTHER SIDE OF IT.
BUT THERE ARE SMALL GAPS BUT THAT ARE, UH, BASICALLY STAGGERED SO THAT, YOU KNOW, MAYBE SOME LIGHT COULD STREAM THROUGH THAT FENCE, BUT THAT WOULD BE IT.
UH, AND IT'S AT A HEIGHT OF AT LEAST FOUR FEET AND EXTENDS EVEN FURTHER, UM, INTO THE, INTO THE FRONT YARD.
BUT IF, UH, YOU KNOW, IF, IF THE BOARD SEES THAT, YOU KNOW, THAT THAT FRONT YARD FENCE IS UNACCEPTABLE, UH, WE'D BE AMENABLE TO FIXING IT.
YOU KNOW, I DON'T WANNA CREATE A, YOU KNOW, CREATE ANY MORE ISSUE THAN THERE IS WITH THIS, BECAUSE AGAIN, WE UNDERSTAND THAT IT WAS OUR MISTAKE TO CONSTRUCT, UH, THE REPLACEMENT FENCE WITHOUT THE PROPER,
[00:25:01]
UH, WITHOUT THE PROPER PAPERWORK GOING FORWARD.SO IT WAS PARTLY THIS WAS DONE THROUGH MISTAKE, BUT, UH, AGAIN, WE KNOW I'M GONNA SPEAK ON BEHALF OF JUSTIN.
AGAIN, SMALL BUSINESS OWNER, FIRST TIME HOMEOWNER WITH HIS WIFE AND YOUNG KID.
UH, IT'S UNDERTAKEN QUITE AN EXPENSE ALREADY IN RENOVATING THIS PROPERTY, WHICH WAS, UH, UNINHABITED FOR TWO YEARS ON THE MARKET.
AND, UH, YOU KNOW, I WORKED THERE MYSELF A LOT, A LOT OF DAYS.
AND BASICALLY IT'S A VERY POPULAR PLACE FOR PEOPLE TO LIKE, WALK THEIR DOGS AND COME AROUND AND, YOU KNOW, IT'S, IT'S HEARSAY, BUT EVERYBODY SAYS THEY LOVE, YOU KNOW, WE LOVE IT.
CAN YOU BUILD A FENCE LIKE THAT AT OUR HOUSE? AND SO, UM, YOU KNOW, I, UH, I I THINK IT IS NOT AS MUCH OF A CLASH IN WITH THE CHARACTER OF THE NEIGHBORHOOD.
I DON'T THINK IT CREATES ANY SAFETY ISSUES.
ALSO, THE ONLY PEOPLE WE REALLY DID CONSULT WITH PRIOR TO ANY CONSTRUCTION IS THE IMMEDIATE NEIGHBORS THAT ARE IN, UH, THAT ARE AT 5, 3 5 CALUME THAT ARE THE ONES MOST IMPACTED BY THAT FENCE.
THAT'S O THAT'S ON THE PROPERTY LINE.
AND, UH, WE PROVIDED SIGNED LETTERS OF THEIR SUPPORT THAT ARE DATED THAT, THAT PREDATE THE CONSTRUCTION OF THE FENCE.
SO ONE QUESTION I HAD IS, UH, ON GOOGLE STREET VIEW THAT SHOWS A, A IRATE OF, OF SHORT BUSHES, UH, WHERE THE FENCE IS CURRENTLY.
ARE THOSE STILL THERE? THE SMALL PLANTINGS? UM, I, I WANNA JUST CLARIFY, WHICH SECTION OF FENCE FENCE ARE YOU? UH, THE, THE FOUR FOOT TALL.
I DON'T THINK THERE ARE, THERE ARE ANY BUSHES THERE.
I, THE GOOGLE STREET VIEW THAT IS DATED PRIOR TO THE CONSTRUCTION OF THE FENCE? NO, NO.
THIS IS A MUCH MORE ACCURATE DEPICTION OF WHAT IT LOOKS LIKE CURRENTLY.
THERE ARE SOME, THERE IS A LITTLE BIT OF REALLY NO, ACTUALLY, AND IN THE, THE BACKYARD EVERYTHING'S BEEN DONE AS A YEAH, WHAT I WAS, WHAT I WAS REFERRING TO WAS IT LOOKS LIKE YOU REPLACED A STRING OF PLANTINGS THAT WAS ACTING SOMEWHAT LIKE A FENCE WITH AN ACTUAL FENCE.
THAT'S WHAT I WAS, I WAS WONDERING IF THE PLANTINGS WERE STILL THERE.
NO, THE PLANTINGS ARE, OH NO, PLANTINGS ARE NO LONGER THERE.
THE, THOSE PLANTINGS WERE ACTUALLY, UM, LIKE INTERTWINED INTO THE CHAIN LINK FENCE.
AND SO AS WE REMOVED THAT CHAIN LINK FENCE, WE ALSO REMOVED A GOOD DEAL OF SMALL TREES AND GROWTHS THAT HAD SORT OF INTERTWINED INTO THAT CHAIN LINK FENCE.
AND AGAIN, THIS IS JUST REPLACING WHAT HAD BEEN A CHAIN LINK FENCE WITH A WOODEN FENCE.
ONE REASON FOR THIS WAS ALSO BECAUSE IF YOU, AGAIN, LOOK AT THE SKY VIEW, YOU CAN SEE THAT THIS IS A CORNER PROPERTY.
A VAST, VAST MAJORITY OF THE SQUARE FOOTAGE IS ACTUALLY COMPRISED OF FRONT YARD, FRONT SIDE YARD.
AND AGAIN, THIS IS A YOUNG FAMILY WITH A YOUNG LITTLE 2-YEAR-OLD DAUGHTER, AND IT'D BE NICE TO HAVE SOMEWHERE FOR HER TO BE ABLE TO PLAY AND NOT, YOU KNOW, BE VISIBLE FROM HUNDREDS OF FEET AWAY IN EVERY DIRECTION.
SO I THINK THAT WAS A BIG, UH, MOTIVATION TO REPLACE THE CHAINING FENCE WITH A SOLID FENCE, WITH A LITTLE BIT MORE PRIVACY ATTRIBUTE.
UH, EZ COMMISSIONER EZ? YEAH, MR. CHOCO, UM, THE FENCE LOOKS GREAT.
I'VE DROVE BY IT, FAMILIAR WITH THIS AREA.
UM, YOU HAVE, YOU HAVE MANY IN FAVOR AND THERE WAS JUST ONE OPPOSITION FROM THE NEIGHBOR ACROSS THE STREET.
DO DO WE KNOW WHY THEY WERE IN OPPOSITION? YOU KNOW, I WOULD JUST GUESS THAT THERE WAS ONE GENTLEMAN WHO, UH, JUST AFTER THE FENCE WAS CONSTRUCTED, HAD, UH, CALLED ME OVER, UH, WHEN I, I WAS WORKING WITH THE CARPENTER ON SOME OTHER SMALL RENOVATIONS AROUND THE HOUSE AND HE, UH, HE INDICATED THAT THE EIGHT FOOT HEIGHT OF THE FENCE, UH, ABUTTING THE ALLEYWAY WAS, UH, WAS, WAS GONNA BE, UH, YOU KNOW, VIOLATED THE, THE BUILDING CODES.
AND, UM, YOU KNOW, SO IN MY, BECAUSE, AND I ACTUALLY PERSONALLY WENT AROUND THE NEIGHBORHOOD AND, UH, JUST DELIVERED COPY, SMALL COPIES OF THE THING THAT WOULD BE MAILED OUT ALREADY, JUST TO LET PEOPLE KNOW, HEY, YOU KNOW, YOU'VE GOT AN OPPORTUNITY TO MAKE YOUR VOICE HEARD.
YOU'RE, YOU KNOW, BECAUSE YOU'RE A CLOSE NEIGHBOR, YOUR OPINION MATTERS IN THIS, IN THIS, UH, IN THIS ORDEAL.
AND SO, UH, I DIDN'T GET ANYBODY, YOU KNOW, MOST PEOPLE DIDN'T ANSWER.
I WOULD JUST, I JUST LEFT THE NOTE, UH, NOTES AROUND.
BUT I WOULD THINK THE ONLY PERSON WHO I, I NEVER EXPERIENCED ANYBODY EXPRESSING ANY ISSUE WITH DEFENSE, EXCEPT FOR THE ONE INDIVIDUAL WHO WAS THE, HE'D BE ON KENNELWORTH, LIKE DIAGONALLY.
UM, LET'S SEE, MAYBE THERE'S A SET OF DUPLEXES THERE.
8 14, 8 12 AND 8 0 8 KENNELWORTH, ONE OF THOSE PROPERTIES.
UM, PROBABLY, PROBABLY EIGHT 14 OR EIGHT 12.
UM, THAT GENTLEMAN INDICATED THAT OUR EIGHT FOOT, UH, FENCE ABUTTING THE ALLEY WAS A VIOLATION, BUT IT'S ACTUALLY THAT'S, THAT'S THE MOST, UH, PROTECTED IN TERMS OF THE RULES OF THE FENCING.
THAT ONE ACTUALLY IS, PROBABLY HAS THE GREATEST, UH, YOU KNOW, FOOT TO STAND ON IN TERMS OF IT BEING ALLOWABLE.
[00:30:01]
DON'T KNOW IF THAT'S THE BASIS OF HIS, OF, OF, OF THE, UH, THE ONE VOTE AGAINST, BUT THAT WOULD BE MY GUESS.YEAH, SO, AND I, AND I SAW THE FENCING THERE AND, UM, ON THE, THE EIGHT FOOT FENCING AND, UM, THAT'S NOT PERMITTED BY, RIGHT? IS THAT CORRECT? UH, THERE'S NOT A POOL.
UM, THERE'S, SO IT IS ON THE, THERE'S SEVERAL AND IT'S NOT ON THE, UH, BUDDING BETWEEN THE TWO HOMES.
SO IT LOOKS LIKE ALLEY, IT'S EIGHT FOOT BETWEEN THE TWO, AND THEN ON THE BACK THERE'S AN ALLEY IN BETWEEN THOSE TWO PROPERTIES.
AND THE ALLEY PERMITS AN EIGHT FOOT FENCE, BUT ON THE SIDE YARD, ON THE SIDE LOT, SO THE SIDE IS ALSO THE SAME MM-HMM
IT PERMITS AN EIGHT FOOT ALL THE WAY TO THE FRONT FOOT SIDE OF THE BUILDING, WHICH IT THEN TURNS INTO THE FRONT YARD.
IT DROPS DOWN ONCE IT REACHES, ONCE IT REACHES THE HOU THE HOUSE LINE.
AND JUST TO CONFIRM ON THAT, IF YOU'RE PERMITTED, LIKE YOUR REAR YARD IS ALLOWED AN EIGHT FOOT, YOU ARE ALLOWED ALONG THE SIDES AS WELL TO KEEP IT CONSISTENT, AND THAT'S WHY THEY WERE PERMITTED THE EIGHT FOOT ALONG THE SIDE AS WELL.
I DON'T BELIEVE I READ THAT IN THE, AND THE ALLEY DOESN'T LOOK, UH, VERY WIDE.
IT LOOKS LIKE IT'S ONLY, UH, I DIDN'T SEE ANY DRIVEWAYS FROM ANY OF THE HOMES USING THE ALLEY.
IT'S JUST FOR GARBAGE COLLECTION.
THE ALLEY IS ONLY FOR GARBAGE COLLECTION.
AND I BELIEVE THERE'S ALSO A SAN ANTONIO, UH, A SAWS EASEMENT THERE.
UM, THEY WERE DOING SOME WORK.
I BELIEVE THAT'S, THAT'S ACTUALLY THE ORIGINATION OF THE PERMITTING ISSUE WAS A CITY PERSON INVOLVED WITH THAT SAWS PROJECT INDICATED THAT THAT REAR FENCE WAS TOO HIGH.
E EVEN AGAIN, THOUGH, THAT'S THE MOST, UH, DEFENSIBLE PART OF THE FENCE.
ANYONE ELSE LIKE TO ADD? IS THERE ANYONE SOMETHING TO SPEAK? NOBODY SIGNED UP TO SPEAK.
WELL, WE'LL LOOK FOR A MOTION AND SEE HOW THIS TURNS OUT.
WE'D LIKE TO MAKE A MOTION ON THIS CASE.
BON COMMISSIONER BOS, UH, REGARDING CASE NUMBER BO O 8 2 6 1 0 3 0 0 0 5 5.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED VARIANCE FOR A ONE FOOT SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT TO ALLOW A FOUR FOOT FRONT YARD SOLID FENCE ALONG THE WEST SIDE OF THE PROPERTY LINE.
SITUA SITUATED AT 5 39 KELLY MET PLACE APPLICANT BEING JUSTIN DIGGS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WILL RESULT IN AN UNNECESSARY, UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
IN THIS CASE, THE SPECIAL EXEMPTION WOULD BE IN HARMONY WITH THE SPIRIT OF THE CHAPTER, AS THE DEFENSE WOULD PROVIDE EXTRA SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY LOCATED ON THE END OF OF A RESIDENTIAL BLOCK.
UH, B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THIS SPECIAL EXEMPTION WOULD NOT HARM THE PUBLIC WELFARE AND ITS PRESENCE WOULD PROTECT THAT PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY C THE NEIGHBORING PROPERTY WILL BE SUBSTANTIALLY INJURED BY, UM, SUCH PROPOSED USE WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED SPECIAL EXEMPTION AS THE HEIGHT INCREASE IS MODEST AND WILL NOT BLOCK THE VIEW OF THE HOUSE FROM THE STREET.
D THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION ASSAULT.
THE PROPOSED INCREASE OF THE SIDE, UH, SIDE FENCE IS MODEST AND NOT A TOTAL DEPARTURE FROM THE AESTHETICS OF THE SURROUNDING AREA AND CHARACTER OF THE NEIGHBORHOOD.
E THE SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ON AS ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE GENERAL PURPOSE OF THE DISTRICT CIRCULATION IS TO PROTECT NEIGHBORHOOD CHARACTER, PROMOTE SAFETY, AND ENSURE CONSISTENT DEVELOPMENT PATTERNS.
ALLOWING AN INCREASE IN FENCE HEIGHT IN THIS LOCATION DOES NOT UNDERMINE THOSE GOALS AND IS BASED ON SITE SPECIFIC CONDITIONS THAT DO NOT APPLY TO MOST LOTS.
YEAH, I'M GONNA BE IN SUPPORT.
UH, I THINK THEY, THEY HAVE PLENTY OF NEIGHBORS IN SUPPORT.
UM, I THINK THAT THE SIDE FENCE IS A MODEST ONE FOOT.
UM, AS THE APPLICANT STATED, THERE'S A YOUNG FAMILY THERE, THEY WANT A LITTLE BIT OF PRIVACY FOR THEIR YOUNG CHILDREN TO PLAY OUT IN THE FRONT.
SO I'LL BE IN SUPPORT FOR THOSE REASONS AND, AND IT LOOKS GOOD.
IT, IT LOOKS, IT'S A BIG DIFFERENCE FROM WHAT THIS HOME USED TO BE.
I CONCUR WITH, UH, COMMISSIONER EZ.
I DON'T SEE ANY PROBLEM WITH IT BECAUSE IT, IT IS VERY WELL BUILT, SO I I'M SURE THAT THAT NEIGHBORS WILL ADJUST TO IT EVENTUALLY.
ANYONE ELSE LIKE TO ADD COMMISSIONER DEAN? I'M CONCERNED ABOUT THE, UH, THE GARBAGE TRUCK IN THE ALLEY AND THE CLEAR VISION.
ALRIGHT, IS THERE ANYONE ELSE? I HAVE A ROLL CALL.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? NO, I DO NOT CONCUR.
COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
[00:35:01]
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.UH, NOW A MOTION ON THE CLEAR VISION BOEZ.
REGARDING CASE NUMBER BOA 2 6 1 0 3 0 0 5 5.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED REQUEST FOR A FIVE FOOT DRIVEWAY, CLEAR VISION VARIANCE FROM THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW A 10 FOOT CLEAR VISION AREA FOR THE FRONT AND REAR YARD.
AN ALLEY SITUATED 5 3 9 KELLY MET PLACE APPLICANT BEING JUSTIN DIGGS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE, UH, DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS NOT SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSED VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE FENCES DO NOT IMPEDE TRAFFIC OR THE ABILITY TO NAVIGATE THE STREET GATE.
UH, TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE, OF THE ORDINANCE WOULD REQUIRE THE APPLICANT TO ALTER THE FENCE FOR WHICH THEY'RE REQUESTING A SPECIAL EXEMPTION OR TO MODIFY THE LONGTIME EXISTING DRIVEWAY ON THE PROPERTY.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE CLEAR VISION REDUCTION IS IN THIS INSTANCE, WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE ABUTTING ROADWAYS WOULD REMAIN N NAVIGABLE BY VEHICLES WITHOUT A SUBSTANTIAL LOSS OF CLEAR VISION.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITHIN WITH THIS VARIANCE.
SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
GRANTING THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE, UH, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES AS THE CONDITIONS GRANTED WOULD NOT SUBSTANTIALLY INJURE THE CLEAR VISION AREA, ADJACENT AREA OF ADJACENT LOTS OR CAUSE A TRAFFIC HAZARD IN THIS AREA.
THE PLIGHT OF THE OWNER FOR OF WHICH, UH, THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF OR AS THE, UH, TO THE RESULT OF GENERAL CONDITIONS IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE ASSAULT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND IS NOT MERELY FINANCIAL.
THE PROPERTY IS LOCATED ON THE CORNER OF A BLOCK AND POSES A UNIQUE LAYOUT FOR THE DEVELOPMENT.
COMMISSIONER EZ? YEAH, I'LL BE IN SUPPORT OF THIS.
I THINK THE CITY STATED THEIR SUPPORT FOR IT AS WELL.
AND, AND I'LL BE IN SUPPORT OF WHAT, WHAT THEY RECOMMEND.
THANK YOU COMMISSIONER BRECKMAN.
UH, WITH MY COLLEAGUE, I'LL BE IN SUPPORT AS WELL.
ANYONE ELSE LIKE TO ADD? I'M NOT GONNA BE IN SUPPORT FOR THE SAME REASON AS BEFORE THE TRASH TRUCK.
IF THERE'S NO ONE ELSE, LET'S HAVE A ROLL CALL.
COMMISSIONER BONNI? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? NO, I DO NOT CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UM, DO YOU HAVE ANY QUESTIONS YOU GET WITH STAFF? UH, ONLY THING I WANTED NOTE, UH, COMMISSIONER SIR, IF YOU COULD, UH, APPROACH JUST REALLY QUICKLY SAYS WE GOTTA MOVE ON.
TRUCK GOES DOWN, UH, KENNELWORTH AND NOT THE ALLEY.
ITEM NUMBER THREE IS THE APPLICANT FOR ITEM NUMBER THREE AT 6 0 7 MCELVANE STREET PRESENT TODAY? YEAH.
WE HADN'T HAD THEM CHECKED IN, UH, BUT PRIOR TO THE MEETING, SO, UH, DID THEY DID, YEAH.
WE'LL JUST TABLE THAT AND COME BACK.
UH, WE PROBABLY WON'T BE HERE TOO LONG TODAY WITH ONLY SEVEN MORE CASES LEFT.
I'VE SENT THEM A COUPLE FOLLOW UP, UH, HOPING TO HEAR BACK FROM THEM.
HOPEFULLY THEY CAN ADJOIN US BEFORE THE END OF THE MEETING.
SO ITEM FOUR IS GONNA BE BO EIGHT DASH TWO FIVE DASH 1 0 3 0 0 2 4 9, LOCATED AT 2 1 4 NORTH STAR AND MORRIS STREET.
UH, THE PROPERTY IS ZONE C TWO.
UH, THIS IS A REQUEST FOR ONE A 25 FOOT VARIANCE FROM THE MINIMUM REQUIRED, UH, 30 FOOT REAR SETBACK TO ALLOW A STRUCTURE WITH A FIVE FOOT REAR SETBACK.
TWO, A 10 FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT TYPE B LANDSCAPE BUFFER YARD TO ALLOW FIVE FOOT LANDSCAPE BUFFER YARD AND THREE FENCE MATERIAL VARIANCE TO ALLOW FOR SHEET ROLLER CORRUGATED METAL LIMITED TO THE AS-BUILT PORTION ALONG THE SOUTHERN SIDE PROPERTY LINE.
[00:40:01]
THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF NORTH STAR ZAMORA AND WEST TRAVIS STREET.HISTORICALLY, THIS PROPERTY WAS OCCUPIED BY A CONVENIENCE STORE WITH FUEL PUMPS.
THE STRUCTURES ARE STILL PRESENT ON THE PROPERTY AND ARE CURRENTLY UNOCCUPIED.
AERIAL IMAGERY SHOWS EVIDENCE, UH, OF A NEW METAL STRUCTURE ON THE PROPERTY AS EARLY AS OCTOBER, 2023.
GOOGLE STREET VIEW IMAGERY SHOWS EVIDENCE OF AN AUTO REPAIR RELATED BUSINESS OPERATING OUT OF THE METAL STRUCTURE IN JANUARY, 2024.
NO RECORDS OF BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY EXIST FOR SUCH ACTIVITY IN THIS TIMEFRAME.
UH, GIVEN THE STRUCTURE'S PLACEMENT, A PERMIT CANNOT BE ISSUED WITHOUT A VARIANCE GRANTING A REDUCED REAR SETBACK.
IN ADDITION TO THE REAR SETBACK, ENCROACHMENT ZONING STAFF IDENTIFIED THAT THE STRUCTURE ENCROACHES INTO THE LANDSCAPE BUFFER YARD, UH, REQUIRED ALONG THE REAR PROPERTY LINE AND A CORRUGATED METAL FENCE ALONG THE SOUTHERN PROPERTY LINE.
STAFF RECOMMENDATION FOR THE REAR SETBACK LANDSCAPE, BUFFER, YARD AND FENCE MATERIAL VARIANCES.
STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THESE VARIANCES WOULD BE CONTRARY TO THE PUBLIC INTEREST BY ALLOWING A STRUCTURE INTENDED FOR USE AS A TIRE SHOP TO BE FIVE FEET FROM THE PROPERTY LINE SHARED WITH AN EXISTING SINGLE FAMILY RESIDENTIAL USE.
ALTHOUGH DEVELOPABLE SPACE IS LIMITED, THIS CONDITION IS MORE A RESULT OF THE INTENT TO KEEP THE EXISTING CONVENIENCE STORE AND FUEL PUMPS ON THE PROPERTY RATHER THAN AN INHERENT FEATURE OF THE PARCEL.
AND THREE, THE USE OF CORRUGATED METAL IS PROHIBITED WITHIN THE CITY AS IT DETRACTS FROM THE APPEARANCE OF THE COMMUNITY AND CAN POTENTIALLY BE HARMFUL IF SHARP EDGES ARE LEFT EXPOSED.
UM, WITHIN THE LAST WEEK, UM, RELATED TO THE LANDSCAPING BIT SPECIFICALLY WITHIN THE LAST WEEK, THE APPLICANT HAS BEEN IN CONTACT WITH OUR TREE AND LANDSCAPING TEAM, UH, TO DEVELOP A, A LANDSCAPING PLAN THAT, UM, THEIR STAFF IS SUPPORTIVE OF.
UM, AND I'LL LET THE APPLICANT SPEAK, UH, A LITTLE MORE TO THAT POINT.
UM, BUT WE DID MAIL 22 NOTICES ZERO WERE RETURNED IN FAVOR, ZERO IN OPPOSITION, NO VOICEMAILS, BUT THE PROSPECT HILL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT OF THE REQUESTS.
THIS CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRE PRESENT.
UH, BEFORE YOU GO, UH, JUST A QUICK QUESTION.
UM, D DO YOU KNOW IF THE UNDERGROUND TANKS HAVE BEEN REMOVED? I DO NOT.
I BELIEVE THE APPLICANT CAN, UH, SPEAK MORE TO THAT.
AND, AND WITH THE, UH, WITH THE OVERHEAD UTILITY LINES RUNNING DOWN THE SIDE OF THE ALLEY ON THE, ON THE APPLICANT'S SIDE, WAS CPS OR ANY OF THE TELECOM COMPANIES CONTACTED FOR THEIR INPUT ON THIS? UH, NOT BY OUR STAFF.
ANY OTHER QUESTIONS FROM THE COMMISSION TO STAFF HEARING NOW? SO THE APPLICANT COME FORWARD? THANK YOU.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
MY NAME IS CARLOS ALAVA WITH ALAMO CONSULTING SERVICES.
AND HERE'S THE, UH, PROPERTY OWNER MR. CARLOS JIMENEZ.
SO, YES, UH, JUST AS I WAS, HE WAS STATED, UH, WE ARE REQUESTING, UM, THE REDUCTION IN THE SETBACK FOR THAT, UM, BUILDING NUMBER ONE.
AND, UM, FOR WHICH WE PROPOSE, I DON'T KNOW IF, UM, PERHAPS, UM, WE HAVE THE EXHIBIT FOR THE, UM, FIRE RATING.
WE ARE PROPOSING A A ONE HOUR FIRE RATING, UM, ON THAT SIDE THAT IS, UH, FRONTING THE ADJOINING LOT IN ACCORDANCE WITH THE, THE CURRENT, UH, 2024, UH, ADDITION OF THE, UH, INTERNATIONAL BUILDING CODE.
AND, UM, THAT'S, UH, SOMETHING THAT IS PRESCRIBED BY CODE AND, AND IT WOULD BE, UH, COMPLIANT.
THAT WOULD BE AN, UM, SOMETHING TO, TO MAKE IT MORE LIKE, TO MAKE IT SAFER.
AND REGARDING THE, THE LANDSCAPE BUFFER REQUIREMENT, UM, WE'VE BEEN IN THE COORDINATION WITH THE TREE DIVISION TO PROPOSE, UH, THE TREES THAT ARE, UH, MID TWO, MID TO LARGE CANOPY TREES AND TWO UNDERSTORY TREES ALONG WITH SOME SHRUBS RUBS PARALLEL TO THE BACK PROPERTY LINE.
AND, UM, AS IT WAS, UH, DEPICTED ON THE PICTURES IS, IS IT'S, THERE'S NO TREES ON THE, ON THAT PROPERTY.
AND THE OWNER'S INTENT IS TO BEAUTIFY IT BY HAVING MORE LANDSCAPE AND TREES, UM, ALONG THAT, UH, SIDE OF THE PROPERTY THAT ABUTS THE RESIDENTIAL USE.
UH, ANY QUESTIONS FROM THE COMMISSION? COMMISSIONER MANNA? SO THE CURRENT
[00:45:01]
STRUCTURE THAT'S THERE, THE PLAN IS TO KEEP THAT STRUCTURE THERE.SO THE ORIGINAL STRUCTURE THAT WAS ON THE PROPERTY, UM, IS THE GOAL TO KEEP THAT STRUCTURE THERE OR IS THAT GONNA BE REMOVED AND IT'S BECOME A TIRE SHOP ALTOGETHER? OR I GUESS WHAT IS THE PLAN OVERALL FOR THIS PROPERTY? YES, THE OWNER HAS AN EXISTING VALID, UH, CERTIFICATE OF OCCUPANCY FOR THE, UH, EXISTING MAIN BUILDING, WHICH IS A CONVENIENT STORE THAT IS TO REMAIN SEPARATE FROM THIS, UH, SECOND PROPOSED BUILDING, WHICH, UH, THEY, THE USE WOULD BE COMPLIANT WITH THE, UM, WITH THE C TWO, UH, USE FOR, UM, UM, THE, UH, TIRES, SALES AND INSTALLATION.
SO THAT'S, THAT WOULD BE PERFECTLY IN LINE WITH WHATEVER'S PERMITTED BY RIGHT AT THE MOMENT AND FOR THE CITY.
SO, SO THIS STRUCTURE IS BUILT, UM, I GUESS WITH, WITHOUT, I DON'T KNOW, I GUESS WITHOUT PERMITS.
AND SO IS IT BUILT WITHIN THE FOOTPRINT THAT'S PERMITTED ON THIS PROPERTY? SO, SO ANY SETBACKS REQUIRED OR IS IT MEETING SETBACK REQUIREMENTS ON THIS, ON THIS PROPERTY AS BUILT RELATED TO THAT BUILDING ONE, THE METAL STRUCTURE? UH, NO, IT, IT IS IN VIOLATION OF THE REAR SETBACK, UM, WHICH IS THE PURPOSE OF THIS, UH, REQUEST ITEM NUMBER ONE.
UH, IF THEY WERE TO OBTAIN A APPROVAL FROM Y'ALL ON THAT ITEM, NUMBER ONE, OF COURSE, THEY WOULD TAKE THAT TO THE PLAN REVIEW STAFF AT THAT TIME TO OBTAIN A PERMIT, A RETROACTIVE PERMIT.
AND BY THE WAY, THE OWNER, UH, AS A RESULT OF THE CASE AGAINST THE PROPERTY, HE HAS, UH, HE HIRED A, UH, ARCHITECTURAL DESIGNER AND HE, UH, PROVIDED PLANS TO DEVELOPMENT SERVICES.
SO HE HAS, UH, SHOWN THE GOOD FAITH IN, IN, IN, IN, IN PURPOSE IN APPLYING FOR THE PERMIT.
AND THEN, UM, AS A RESULT OF THE FIRST ROUND OF COMMENTS, THAT'S WHEN THE BUILDING REVIEWER IDENTIFIED THE REQUIREMENT FOR THE SETBACK.
AND, AND THAT'S WHAT WE'RE REQUESTING TODAY? YES.
TO CLARIFY, AN APPLICATION HAS BEEN SUBMITTED, UM, BY THE APPLICANT FOR THIS, UH, HAS NOT BEEN APPROVED AT THIS TIME, BUT IT WAS, UH, SUBMITTED.
SO WHY IS IT NOT THE CASE THAT, I MEAN, SO AS A CONCRETE SLAB POURED AND EVERYTHING, YOU KNOW, IS THIS ON SLAB WITH REGARDS TO THE, THE NEW STRUCTURE? YES, THE, UH, THERE'S A PERMANENT CONCRETE SLAB ON GREAT FOUNDATION AND THEN, UM, AT THAT, UH, DEPICTED LOCATION AND, AND ON TOP OF THAT IS THE, THE LIGHTWEIGHT, UH, METAL STRUCTURE.
SO THE ROUGH TIMELINE WOULD BE THE, THE STRUCTURE WAS BUILT, CODE ENFORCEMENT DID IDENTIFY, UM, THE VIOLATIONS FOR BUILDING WITHOUT A PERMIT AND WITHIN THE SETBACKS, UH, AFTER WHICH AN APPLICATION FOR PERMITTING WAS SUBMITTED.
AND WHAT IS THE, UM, WHAT IS THE MINIMUM SETBACK BY RIGHT, I GUESS FOR A C TWO? UH, PUTTING, UH, RESIDENTIAL PROPERTY, IT WOULD BE 30 FEET REAR SETBACK REQUIRED, PROPOSED AS FIVE.
I HAVE A, I HAVE A QUESTION ABOUT WHAT WE'RE SEEING ON THE SCREEN RIGHT HERE.
UM, JUST LOOKING AT THE PROPERTY FROM ABOVE, IT APPEARS THAT THESE WERE, THIS IS CALLING THIS OUT AS AN ARBITRARY LOT 29.
HAS THIS BEEN REPLANTED INTO ONE LOT? IS THERE, THERE TWO ARBITRARY LOTS THERE.
AIR AND I'M ASKING BECAUSE, UM, IF THERE'S TWO SEPARATE LOTS AND THIS BUILDING ISN'T, IS ENTIRELY, UH, OCCUPYING THIS ARBITRARY LOT 29, SHOULDN'T IT BE ADDRESSED OFF ONE OF THE SIDE STREETS AND THIS BE A SIDE SETBACK INSTEAD OF A REAR SETBACK? UH, ALSO THAT, AND THAT LOOKS LIKE IT WOULD MAKE SENSE BECAUSE THE DRIVEWAY SPANS ALL THE WAY ACROSS BOTH LOTS.
SO IT LOOKED LIKE THERE WAS AT ONE POINT OF STRUCTURE THERE.
AND SO I'M JUST TRYING TO FIGURE OUT WHAT SORT OF, UM, HISTORICAL BACKGROUND.
THE, THE OWNER HAD JUST COMMUNICATED TO ME THAT HE HAS A VALID CERTIFICATE OF DETERMINATION ISSUED, ISSUED BY LAND ENTITLEMENTS.
FOR, FOR, AND IT'S CLASSIFIED AS WHAT? TWO LOT TWO ARBITRARY LOTS OR IS, OR ONE BECAUSE COMMERCIAL CAN'T CROSS LOT LINES.
SO WHEN I SUBMIT THE APPLICATION FOR THE, FOR THE BUILDING, THEY REQUEST ME A COD AND IT'S APPROVAL AND IT'S ON THE FIRE ON ON THE, ON THE, DO YOU, YOU DON'T HAVE A COPY OF THAT, DO YOU OR CAN STAFF? I'M, I'M TRYING TO SEE WHAT, WHAT LOT IT'S REFERENCED TO.
SO BECAUSE I, I DROVE INTO THE PARKING LOT, GOOGLE DROVE, AND IF YOU GO TO GOOGLE MAPS AND YOU DRIVE, YOU COULD SEE WHERE IT WAS AN OPEN LOT, UM, PREVIOUSLY AND, AND IT WAS A VERY SMALL SHACK THAT WAS THERE ON THE FRONT PROPERTY THAT WAS A BUDDING, UM, THAT WAS BASICALLY IN LINE WITH THE CURRENT STRUCTURE.
AND NOW THIS WHOLE NEW STRUCTURE IS IS BASICALLY ON THAT SECOND PROPERTY THAT WAS BROUGHT IN.
[00:50:02]
YEAH.THE OWNER IS TRYING TO FIND THE DOCUMENTED, BUT IN THE MEANTIME, UH, WE JUST WANT TO ALSO MENTION THAT, UM, WE WERE PROACTIVE IN TRYING TO INVOLVE THE, UM, THE NEIGHBORS AND SO THAT THEY WOULD KNOW EXACTLY WHAT IT WAS ALL ABOUT.
AND WE GOT, UH, 24, 20 21 LETTERS OF SUPPORT, SIGNED LETTERS, ZERO OPPOSITION, AND ALSO WE COORDINATED HEAVILY WITH, UH, PROSPECT HILL AND WE ALSO HAVE THEIR SUPPORT.
YEAH, THIS IS SHOWING UP AS LOT SIX, NOT AS TWO LOTS.
SO IT VERY WELL MAY HAVE BEEN JUST A REALLY LARGE LOT.
IT LOOKS LIKE IT WAS IN THAT SAME CONFIGURATION AT LEAST SINCE 1999 AS LOT SIX.
YEAH, THE GREEN DOTS COVERING IT UP.
WELL, SO MUCH FOR THAT LINE OF QUESTIONING.
IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? CRUZ? OKAY.
COMMISSIONER CRUZ, AND I'LL GET BACK.
UM, I, THE, THE GAS STATION AND THE STORE, ARE THEY STILL OPEN? OPPER BEING OPERATED RIGHT NOW? IT'S CLOSED.
YOU SPEAKING TO THE MIC? YOU TO SPEAKING TO THE MICROPHONE, SIR? UH, YES.
THE APPLICANT, THE, MY BUSINESS IS CLOSED FOR NOW UNTIL I FINISH THIS PROCESS.
SO RIGHT NOW THE STORE AND THE GAS STATION ARE CLOSED? YEAH, THE, THE, THE THE CITY CLOSE.
YOU DON'T, YOU, YOU DON'T FIX THIS PROBLEM WITH THE SEATBELT.
SO FOR ME, IT'S VERY IMPORTANT.
YES, THIS APPROVAL AND, AND THEN I, I CAN START WORKING AGAIN BECAUSE I, I, OVER A YEAR WITH MY, WITH MY STORE CLOSET AND THIS, IT'S A VERY HARD TIME RIGHT NOW.
NOW IT'S WORTH MENTIONING THAT THE COO IS IS VALID, BUT IT'S JUST THAT THE, UH, UH, THE STRIKE TEAM, UH, HAS PLACED A HOLD.
I UNDERSTAND, ALTHOUGH THERE'S A VALID COO COMMISSIONER, ZUNA, CAN I SEE THE MAP? CAN I SEE THE MAP OF APPROVALS FROM THE NEIGHBORING PROPERTIES? AGAIN, I WAS CONCERNED ABOUT THE NEIGHBOR BEHIND.
WE DIDN'T INCLUDE THESE ON OUR NOTIFICATION MAP AS THEY WERE JUST RECEIVED, UM, THE EARLIER TODAY.
BUT WE DO HAVE, WELL, THE NEIGHBORS, WE CAN GET THE SIDE BY SIDE ON THIS BROUGHT TO YOU.
WE'LL GET THE, CAN WE PULL THAT TO THE NEIGHBORS TO THE REAR? THOSE ARE THE ONES THAT I WAS KIND OF WANTED TO SEE IF THEY YEAH, WE, WE HAVE THEIR SIGNED SUPPORT.
AND WHAT ARE THE HOURS OF OPERATION OF THE TIRE TIRE SHOP? WELL, IT'S, IT'S, IT'S NOT OPEN YET, BUT WHAT WERE THE HOURS, IS THERE PROPOSED HOURS WHEN, WHEN WE OPEN IT, WE USE IT FOR LIKE 10 TO SIX.
UH, WE, WE ARE, WE ALREADY OPENED THE, THE, THE THIRD SHOP MM-HMM
BUT WE HAVE TO CLOSE IT, BUT 10 TO SIX, MONDAY DAY TO SATURDAY.
AND THEN REGARDING THE EXISTING BUILDING THAT'S THERE WITHOUT BUILT WITHOUT A PERMIT, WERE YOU TIED INTO ANY OF THE PUBLIC UTILITIES? DID YOU TIE INTO THE PUBLIC WATER OR SEWER, ANY UTILITIES? UH, I, I, I USE IT.
I, I AM THE SAME OWNER ON ALL THE PLACE.
I, I I USE THE SAME WATER, THE SAME ELECTRICITY I USED, PUT THE, AND, AND THERE'S NO WATER, SIR.
THANK, USE THE GARAGE, NO WATER INSIDE, NOTHING.
YOU USE IT FOR THE STORAGE? YEAH, OR FOR THE TIRES CHANGE.
ANY OTHER QUESTIONS FROM THE COMMISSION CHAIR? YES.
COMMISSIONER DEAN ARE IN THE, THE POWER LINES.
DO YOU HAVE CONCERNS WITH THAT? WELL, I THOUGHT I DID.
I WAS LOOKING REALLY HARD ON GOOGLE EARTH.
IT LOOKS LIKE IT'S JUST DATACOM, UH, AND THE LIGHT THAT'S AT THE POLE THAT'S AT THE HARD CORNER IS ACTUALLY BEING STRUNG OVER FROM ACROSS THE STREET.
SO WITHOUT BEING, WITHOUT ELECTRICITY BEING THERE, I, I DON'T HAVE A CONCERN.
SO, SO IF YOU GO ON GOOGLE DRIVE AND GO DOWN TRAVIS, LOOK ACROSS, IT'S CUTTING ACROSS THE LOT.
SO I DON'T KNOW IF THAT GOT MOVED.
SO, SO 'CAUSE IT, LET ME PULL THAT UP AND MAYBE JUST THAT'S DATA.
IT'S, IT'S GOT TWO WIRES OR IT'S ONLY A SINGLE WIRE, BUT IT'S, IT DOES LOOK LIKE IT'S GOT A, OH, IT LOOKS LIKE IT'S JUST DATA AGAIN, BUT IT DOES GO ACROSS THE LOT.
IT, IT, IT MOST LIKELY COULD BE SERVING THE BUILDING.
ANY OTHER QUESTIONS? UH, BONNI REAL QUICK FOR YES.
COMMISSIONER BONNI FOR CITY, THE, THERE'S LIKE A LITTLE STRIP MALL ACROSS WITH THE CRICKET STORE AND HR BLOCK, T-MOBILE AND ALL THAT.
[00:55:01]
REALLY CLOSE TO RESIDENTIAL? IS THAT RESIDENTIAL BEHIND IT, BEHIND THAT LITTLE STRIP MALL? SO LET'S GO BACK TO THE ZONING MAP ON, UH, HERE.YEAH, IT GOES ALL THE WAY TO THAT C TWO IDZ.
YOU'RE TALKING ABOUT THE ONE SOUTH OF THE PROPERTY, CORRECT? YEAH.
PICTURE HERE? UH, NO, UH, ACROSS THE STREET.
AND THEN BEHIND THAT IS THAT RESIDENTIAL BEHIND THAT.
SIR, IF YOU COULD SPEAK TO YEAH, SOME HOUSE, SOME HOUSES BEHIND.
AND I, I KNOW BECAUSE I GO KNOCK THE DOORS AND NOT FOR THE SUPPORT AND I KNOW THE PEOPLE AND, AND IT'S ON THE, ON THE, ON THE LIST.
COMMISSIONER ZUNA ZUNA, UH, JUST AS KIND OF CLOSING HERE, CAN YOU KIND OF STATE THE HARDSHIP OF THE VARIANCES WERE NOT APPROVED TODAY? WHAT WOULD THE HARDSHIP BE TO THE APPLICANT? WELL, THE, UH, HE HAS INVESTED, UH, SIGNIFICANT FUNDS IN THE, IN THE FOUNDATION IN THE BUILDING, WHICH IS ALREADY THERE.
UM, IN HIS, IS, UH, IS FEASIBLE TO, OR UNVIABLE TO, TO RELOCATE THE BUILDING AT THE MOMENT.
AND I HAVE A QUESTION FOR LANDSCAPE.
UM, SO WITH THE, WITH REGARDS TO A BUFFER, I I, I WAS ALWAYS UNDER THE IMPRESSION THAT IF YOU HAD A 15 FOOT BUFFER AND YOU HAD A SMALL AREA THAT NEEDED TO BE REDUCED, THE CITY WOULD SOMETIMES ALLOW YOU TO EXPAND, UH, THE REST OF IT TO TRY TO EQUATE AND, AND GET THE SAME AMOUNT OF PROPERTY.
IS THAT, IS THIS SUSCEPTIBLE TO THAT SORT OF A, A, A REVIEW? THAT'S BEEN A, EXCUSE ME.
YES, IT'S BEEN ACCEPTABLE TO BE ABLE TO STRETCH THE BORDER OR PLACE IT TO MEET THE INTENT OF THE BUFFER REQUIREMENTS.
'CAUSE IT LOOKS LIKE THE, THE, THE STRUCTURE THAT'S, THAT'S, THAT'S IMPOSING ON THE REQUIRED REAR BUFFER IS ABOUT A THIRD OF THE, OF THE PROPERTY REAR LENGTH.
AND, AND SINCE IT, IT SEEMS LIKE YOU HAVE A LOT OF VEGETATION BETWEEN THAT BUILDING AND, AND TRAVIS STREET.
UM, I JUST, I JUST WANTED TO SEE IF THE, YOU HAD SOME ALTERNATIVE, UM, IF THERE WAS ANY CONCERNS ABOUT THE BUFFER FROM THE COMMISSION THAT PERHAPS STAFF COULD WORK SOMETHING OUT WITH THE APPLICANT.
I JUST WANTED TO, YOU DIDN'T HAVE ANY PLANS TO DO ANYTHING ON THAT AREA? WELL, THAT'S, THAT'S THE EXHIBIT ON EXHIBIT, UH, WITH, WITH THE, UM, WHERE WE ARE SHOWING THE, THE TREES.
UM, YEAH, THAT'S, THAT'S EXHIBIT, THAT'S, THAT'S WHAT HAS BEEN COORDINATED WITH THE TREE DIVISION.
SO YOU WOULD, YOU WOULD, YEAH.
SO WE'RE PROPOSING TWO LARGE, MID, MID TO LARGE TREES AND, AND TWO SMALL TREES PLUS THE ALL DISRUPTS.
AND CURRENTLY THERE'S NOTHING THERE.
BUT OF THOSE TWO AND A HALF FEET, THAT ADDRESSES MY CONCERN REGARDING THE BUFFER WITH REGARDS TO THE, UM, THE, THE CORRUGATED METAL, UM, STEP THAT IS THAT, CAN YOU POINT OUT WHERE THAT, WHERE THAT IS OCCURRING? YEAH, IT'S MY UNDERSTANDING THAT THE, UH, THAT PART IS ALONG THE, THE SOUTHERN PORTION OF THE FENCE, WHICH ABUTS THE ALLEY.
SO JUST THAT ONE RUN DOWN THE SIDE? CORRECT.
THAT ITEM NUMBER THREE DISPLAYED HERE.
AND IS, IS THAT ALLEY BEING USED, UH, BY, BY, UH, GARBAGE PICKUP OR ANYTHING OR, OR ANY OF THE HOMEOWNERS TO ACCESS THEIR PROPERTY DOWN THAT ALLEY? I KNOW ONE OF THE HOMES THAT'S BEHIND YOU IS REALLY CLOSE TO THE ALLEY, SO I DO BELIEVE, UM, WE SAW THE RESIDENTIAL PROPERTY DIRECTLY BEHIND THIS ONE HAD A GATE OFF OF THAT ALLEY, OR AT LEAST ONE IS OKAY.
SO, UM, THE PROPERTY, OR THE WAY THAT THE CURRENT STRUCTURE IS BUILT, IT LOOKS LIKE IT'S 35 FEET OR I, I COULDN'T SEE THE NUMBER CLEARLY.
AND SO ARE WE PROTECTING THE REST OF THAT PROPERTY SO THAT ANOTHER BUILDING CAN'T BE PUT IN THERE BASED UPON, UM, THE DIALOGUE THAT WE, OR THE, WHAT WE'RE VOTING ON? YEAH.
HOW BIG IS THAT BUILDING? DO YOU HAVE A DIMENSIONAL, UH, NUMBER BY 39 30 FEET BY 39 FEET.
SO WE COULD LIMIT IT TO 40 FEET JUST TO BE SAFE IF SOMEBODY WANTED TO INCLUDE THAT IN THE MOTION.
AND THEN LOOKING AT THE, CAN YOU HELP ME UNDERSTAND AT, I DIDN'T QUITE UNDERSTAND THE TWO COLORED BARS THAT ARE GOING ON.
[01:00:01]
WE'LL SAY WITH THE PICTURE NORTH OF THIS PICTURE.UM, SO YOU HAVE THE GREEN AND THE, AND THE ORANGE.
SO, SO WHAT ARE THOSE TWO COLORS THERE REPRESENTING? UH, WHAT IS THE ORANGE REPRESENTING OR THE, OH, UM, THAT'S JUST A LITTLE BIT OF A LIGHTER GREEN TO
IT LOOKS, IT DOES LOOK ORANGE.
UH, NO, THAT'S SUPPOSED TO SHOW THE MINIMUM REQUIRED LANDSCAPE BEING REDUCED DOWN TO FIVE 15 FOOT WOULD BE THE TYPICAL MINIMUM.
SO I GUESS I'D ASK WHY IS IT THAT WE'RE LOOKING FOR FIVE FOOT ALONG THE WHOLE STRIP VERSUS JUST THE PART BEHIND THE BUILDING? I, I HAVE NO EXPECTATION OF IT, OF A MOTION BEING READ TO THAT EFFECT
SO, WELL, I JUST, SO ABSENT THE APPLICANT, SO WHAT IS IT, WHY IS IT THAT WE'RE LOOKING FOR FIVE FOOT ALONG THE WHOLE PIECE VERSUS UM, JUST THE PART BEHIND THE BUILDING, WHICH IS I GUESS IN THAT NEEDS THE CURRENT, WELL, FROM STAFF'S PERSPECTIVE, WE HAVE TO JUST ADVERTISE THE, UM, NARROWEST BIT.
AND SO, UM, BUT MAYBE THE APPLICANTS CAN SPEAK MORE TO, UM, THE PLAN WHETHER THEY DO HAVE, UM, INTEND TO PLAN ONLY FIVE FEET ALONG THE WHOLE STRIP.
DO YOU HAVE ANY INTENTION OF USING THE RE YOU KNOW, BEYOND THE DEPTH OF THE BUILDING THAT PROPERTY FOR ANYTHING OTHER THAN, UH, IMPERVIOUS COVER FOR THAT 15 FOOT STRIP OR WITHIN THE 30 FOOT SETBACK? YEAH, THE OWNER IS SAYING THAT HE HAS NO PLANS IN IN BUILDING ANYTHING ELSE.
JUST, JUST THAT ONE THAT, UH, SO EVERYTHING ELSE WILL REMAIN JUST OPEN SPACE WITH LANDSCAPING, BUT NO MORE, MORE BUILDINGS.
SO I USED THE, THE BACK AREA BECAUSE IT, IT FENCE BECAUSE ON THIS AREA, ON THIS AREA'S, A LOT OF
ONE TIME THEY BROKE ALL MY WINDOWS AND THEY TRIED TO, RIGHT, THEY, THEY, THEY BROKE IN THE ELECTRICITY AND EVERYTHING.
SO WHEN I HAVE CARS, I JUST PARK IT IN THE BACK FROM, FOR MY SAFETY IT'S A LITTLE OUTSIDE IS THE SIDE YOU DON'T SEE IT IS THE SIDE OF THE BUILDING CORD, A METAL SIDE OF THE BUILDING.
THIS METAL, THE STRUCTURE, IT'S ALL METAL, CORRECT? YEAH, IT LOOKS LIKE IT'S JUST UH, UH, METAL AND SHEETING.
AND I NOTICED THE CORRUGATED METAL DIDN'T HAVE HAVE A CAP ON IT.
IS THAT SOMETHING THAT THE APPLICANT WOULD LIKE TO AMEND THEIR APPLICATION TO PERHAPS REQUIRE A CAP ON THEIR CORRUGATED METAL OF COURSE.
ANY, ANYTHING THAT, BECAUSE THIS IS STILL IN THE PLAN REVIEW PROCESS, ANYTHING THAT NEEDS TO BE ADDRESSED, UH, EITHER IN PLAN REVIEW, WELL WE CAN'T, WE CAN'T PUT CONDITIONS, BUT IF YOU WOULD LIKE TO, UM, OFFER, UM, AMENDING YOUR APPLICATION TO PUT A CAP ON IT, YOU MIGHT GAIN SOME SWAY WITH THE COMMISSION OF COURSE.
SO YOU'RE STATING FOR THE RECORD THAT YOU'RE AMENDING YOUR APPLICATION TO HAVE CORRUGATED METAL INCLUDED CAP? YES, WE ARE.
IS THERE ANYONE TIME TO SPEAK ON THIS MATTER? NOBODY'S HONORED TO SPEAK.
IS THERE ANY OTHER QUESTIONS? ALRIGHT, SO IT LOOKS LIKE WE HAVE THE MAKINGS OF AN INTERESTING MOTION AND WE'LL WONDER IF ANYBODY WOULD LIKE TO, UH, TAKE THAT ON.
HANNAH COMMISSIONER MAYOW REGARD.
CASE NUMBER BO 8 2 5 1 0 3 0 0 2 4 9.
I MOVE THAT THE BOARD ADJUSTMENT GRANT A REQUEST FOR A 25 FOOT VARIANCE FROM THE MINIMUM REQUIRED 30 FOOT REAR SETBACK.
UM, UM, UH, TO ALLOW A STRUCTURE WITH A FIVE FOOT YEAR REAR SETBACK FOR THE EXISTING STRUCTURE OF 40 FOOT.
UM, TWO, A 10 FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT, UH, TYPE B LANDSCAPE, UH, BUFFER TO ALLOW A FIVE FOOT LANDSCAPE BUFFER BEHIND THE EXISTING 40 FOOT STRUCTURE.
UM, AND THREE FENCE MATERIAL VARIANCE TO ALLOW SHEET ROLL OR CORRUGATED METAL WITH CAP LIMITED TO AS-BUILT PORTION ALONG THE SOUTHERN SIDE PROPERTY LINE SITUATED AT 2 1 4 NORTH ZAMORE STREET A COULD BEING ALAMO CONSULTING SERVICES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THESE VARIANCES WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST AS A PROPOSED SETBACK AND BUFFER IS SUFFICIENT TO PROTECT THE ADJACENT OWNER FROM INCREASED NOISE.
FURTHER, THE USE OF CORRUGATED METAL WOULD NOT DETRACT FROM THE PROPER FOR THE GENERAL APPEARANCE OF THE SURROUNDING COMMUNITY.
TWO, DUE TO SPECIAL, SPECIAL CONDITIONS, A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN IN UNNECESSARY HARDSHIP.
THERE IS LIMITED DEVELOPABLE SPACE IN THIS PROPERTY TO SUPPORT THE NEW STRUCTURE.
MINIMUM REQUIRED SETBACK AND BUFFER YARD COMPLIANCE WITH SETBACK, BUFFER AND FENCING STANDARDS WOULD NECESSITATE SUBSTANTIAL TIME AND EFFORT, WHICH WOULD NOT PRODUCE PROPORTIONAL BENEFITS FOR THE NEIGHBORING COMMUNITY.
THREE, BY GRANTING THE VARIANCE, THE SPARE, THE ORDINANCE WILL BE OBSERVED.
THE SUBSTANTIAL JUSTICE WILL BE DONE GRANTING THESE VARIANCES WOULD NOT
[01:05:01]
CREATE A SUBSTANTIAL REDUCTION IN PRIVACY OR INCREASE IN NOISE FOR ADJACENT PROPERTY.FURTHER, THE USE OF CORRUGATED METAL WOULD DETRACT FROM THE OVERALL APPEARANCE OF THE AREA.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCES LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER CENTRIC CHARACT TO THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
SUCH VARIANCES WOULD NOT DIRECTLY INJURE THE APPROPRIATE USE OF ADJACENT RESIDENTIAL PROPERTY AS A PROPOSED SETBACK IN BUFFER YARD IS ADEQUATE TO PROTECT THE RESIDENTIAL PROPERTY FROM NEW GENERALLY CREATED BY NON-RESIDENTIAL USES.
FURTHERMORE, THE CORRUGATED METAL WOULD NOT SUBSTANTIALLY IMPACT THE CHARACTER THE NEIGHBORHOOD SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH PROPERTY FOR WHICH IS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE CONDITIONS, UH, BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO OR THE GENERAL RESULT OF CONDITIONS IN THE DISTRICT IN WHICH HIS, UM, PROPERTY IS LOCATED.
UM, THE PLY OF THE OWNER OF THE PROPERTY FOR UH, THE PROPERTY IS DUE TO LIMITED DEVELOPABLE SPACE PRESENT ON THIS PROPERTY, WHICH PRESENTS A SIGNIFICANT CHALLENGE IN PROVIDING MINIMUM REQUIRED SETBACK AND LANDSCAPE BUFFER YARD END OF MOTION.
IS THERE A SECOND? SECOND, SECOND.
ALL RIGHT, COMMISSIONER MADAM.
YOU KNOW, SO I THINK LIMITED TO THE 40 FOOT, UH, BEHIND THE BUILDING.
I DID HAVE A CONCERN WITH THE, UM, ABUTTING RESIDENTIAL HOME, BUT BY LIMITED IT FOR JUST A PART THAT'S BUILT OUT, STILL LEAVES, UM, AN OPEN SPACE ON THE, UM, RESIDENTIAL PROPERTY.
WE DID HAVE THE NEIGHBORHOOD ASSOCIATION, UH, IN SUPPORT OF THIS.
UM, IT'S UNFORTUNATE THAT IT WAS BUILT WITHOUT PERMITS, UH, BUT I'M SURE THAT EVERYTHING, UH, WILL BE NOW DONE, UH, WITH THE APPROPRIATE PERMITTING PROCESS.
UM, SO I'LL BE VOTING IN FAVOR.
THANK YOU COMMISSIONER STEVENS.
I'D ECHO COMMISSIONER MANNAS COMMENTS.
I'M SATISFIED THAT FIVE FEET IS PROBABLY THE BARE MINIMUM TO BE ABLE TO MAINTAIN THE REAR OF THIS STRUCTURE.
UM, AND THEN I APPRECIATE THE, LIKE NOTING THAT YOU'LL BE RATING THAT HOUR OR THAT THAT WALL ONE HOUR.
AND I FEEL COMFORTABLE ENOUGH RESTRICTING THE METAL PANEL TO THE AS-BUILT CONDITIONS.
IS THERE ANYONE ELSE LIKE TO ADD HEARING NOW? HAVE A ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
UH, IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN, UH, GET WITH STAFF.
ITEM NUMBER FIVE IS BO OA DASH 26 DASH 1 0 3 0 0 8 1 LOCATED IN DISTRICT SEVEN AT 91 0 2 BROCKTON DRIVE.
THE ZONING IS R FIVE AND THE REQUEST IS FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK.
IT'S ALLOWING ACCESSORY STRUCTURE WITH GUTTERS TO BE ONE INCH FROM THE WEST SIDE PROPERTY LINE AND TWO, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT REAR SETBACK.
THE LINE ACCESSORY STRUCTURE WITH GUTTERS TO BE ONE INCH FROM THE REAR PROPERTY LINE.
THE SUBJECT PROPERTY IS LOCATED ALONG BROCKTON DRIVE AT THE END OF A CUL-DE-SAC, WHICH BRANCHES OFF OGLETHORPE DRIVE TO THE NORTH AND HAS A REAR PROPERTY LINE.
ABUTTING OXFORD TRACED TO THE SOUTH SURROUNDING PROPERTIES ARE ALSO ZONED R FIVE SINGLE FAMILY RESIDENTIAL DISTRICT IN RE AND R 20 ACROSS OXFORD TRACE.
THE CASE ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION OF THE PROPERTY IN OCTOBER, 2025.
AN ACCESSORY STRUCTURE WAS OBSERVED TO ENCROACH AND FROM THE MINIMUM REQUIRED REAR AND SIDE SETBACK PER STAFF'S VISIT TO THE SITE IN APRIL, 2026.
ACCORDING TO STREET VIEW EVIDENCE, THE STRUCTURE WAS CONSTRUCTED AFTER FEBRUARY OF 2020.
THE APPLICANT MAY REMOVE THE ACCESSORY STRUCTURE TO CONFORM WITH UNIFIED DEVELOPMENT CODE STANDARDS, REMOVE THE ACCESSORY STRUCTURE OR REQUEST A VARIANCE FROM THE BOARD OF ADJUSTMENT TO ALLOW REDUCED SIDE AND REAR SETBACKS.
THE OUTSTANDING CODE ENFORCEMENT CASE IS PENDING THE RESULT OF THE BOARD OF ADJUSTMENT HEARING.
THIS IS THE SITE PLAN, THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA.
[01:10:08]
STAFF RECOMMENDS DENIAL IN THE SIDE SETBACK VARIANCE FOR BO OA DASH 26 DASH 0 3 81 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED SETBACK VARIANCE WOULD LEAVE INSUFFICIENT ROOM TO MITIGATE POTENTIAL FACT CONCERNS AND WATER RUNOFF INTO ABUDDING PROPERTIES.TWO AND ACCESSORY STRUCTURES ALREADY PERMITTED ON THE PROPERTY AS LONG AS IT ABIDES BY CURRENT UC.
REGULATIONS SUCH AS SETBACK REQUIREMENTS, STAFF RECOMMENDS APPROVAL IN BOA DASH 26 DASH 3 81 FOR THE REAR SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REAR PROPERTY LINE ABUTS A STREET TO THE SOUTH, WHICH PROVIDES ADEQUATE ROOM TO LIMIT ITS IMPACT ON NEARBY STRUCTURES.
AND TWO, THERE'S LIMITED ROOM TO PLACE AN ACCESSORY STRUCTURE AT THE APPROPRIATE DISTANCE FROM THE REAR PROPERTY LINE STAFF MAIL DO 31 NOTICES ZERO WERE RECEIVED IN FAVOR AND ZERO IN OPPOSITION.
THERE ARE ALSO ZERO VOICEMAILS RECEIVED IN FAVOR AND ZERO IN OPPOSITION.
ALAMO FARM STUD'S BABCOCK ROAD NEIGHBOR ASSOCIATION DID NOT PROVIDE A RESPONSE.
THIS CONCLUDES STAFF'S PRESENTATION.
UM, IS I NOTICED THE FIVE FOOT MAINTENANCE EASEMENT RUNNING DOWN THE SIDE.
IS THERE, IS THERE A LOT LINE ON THE, ON THE NEIGHBORING HOME? I CAN'T TELL FROM THE PICTURE.
THE HOME TO THE RIGHT OR THE LEFT? UH, IT WOULD BE TO THE WEST.
I I I THINK IT WOULD BE, UH, TO THE WEST.
I'M NOT SURE, BUT I CAN TRY AND FIND THAT.
AND THEN ALSO, UM, JUST A CRITIQUE, UM, WHENEVER WE SEE A, A STRUCTURE ON TOP OF A OF A CPS EASEMENT, I'D LIKE TO HEAR FROM CPS IN THE FUTURE.
UM, SO WITH THAT, UH, IF THERE'S ANY COMMISSION QUESTIONS TO STAFF BEFORE WE HAVE THE APPLICANT COME FORWARD, HEARING NONE UNLESS HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
UH, MY NAME IS PHILLIP BALTAZAR.
I PURCHASED THIS HOME IN, UH, JULY OF 2025.
UH, THIS PARTICULAR STRUCTURE, UH, WAS CONSTRUCTED PRIOR TO ME PURCHASING THE HOME.
I WAS NOT AWARE OF ANY CODE VIOLATIONS OR SETBACK OR VARIANCE ISSUES UNTIL AS STATED, UM, FALL OF LAST YEAR, 2025.
UM, AT THAT POINT, UM, WAS COMPLETELY BLINDSIDED BY THE FACT THAT THERE WAS A ISSUE AT ALL.
UM, SO MY PURPOSE OF APPLYING FOR THE, UM, APPLICATION VARIANCE OR EXCEPTION, UM, WAS UM, MAINLY BECAUSE I, I WAS NOT AWARE OF THE FACT PURCHASING THE HOME.
UM, DURING THE SURVEY, DURING THE INSPECTION.
HAD I BEEN GIVEN THAT OPPORTUNITY, I MAY HAVE BEEN, YOU KNOW, UM, AFFORDED AN OPPORTUNITY TO, UH, BUDGET IN SOME SORT OF, UM, ARRANGEMENT OR, UH, NEGOTIATION WITH, WITH WHAT MIGHT NEED TO HAPPEN.
SO BECAUSE I WAS NOT AFFORDED THAT OPPORTUNITY, NOW I'M KIND OF STUCK HOLDING THE BAG.
UM, I'M NOT OPPOSED TO, UH, WHATEVER THE CITY HAS, UM, TO, TO PUT FORTH.
I I JUST WAS TRYING TO ALLEVIATE HAVING TO COMPLETELY, UM, TEAR DOWN THE STRUCTURE BASICALLY.
UH, I'M GONNA JUST, UH, CHIME IN.
THIS IS MY OWN PERSONAL THOUGHT ON THIS.
UM, FOR ME TO GET BEHIND ANY SORT OF APPROVAL, I WOULD NEED TO HAVE SOMETHING FROM YOUR IMMEDIATE NEIGHBOR, UH, ABOUT, UH, THIS ENCROACHMENT INTO THEIR MAINTENANCE AGREEMENT, UH, EASEMENT.
AND I WOULD ALSO NEED TO HAVE SOMETHING FROM CPS REGARDING THE ENCROACHMENT FROM THE 12 FOOT ELECTRIC GAS, TELEPHONE AND CABLE TV.
IF YOU GO TO THE STREET WHERE OX UH, WHERE THE, WHERE OXFORD TRACE ENCOUNTERS THE NEXT INTERSECTION THERE IS AN UNDERGROUND FIBER MARKER RIGHT THERE.
SO THERE IS PROBABLY UNDERGROUND FIBER IN THAT EASEMENT.
THERE IS OVERHEAD ELECTRIC, THERE'S OVERHEAD DATACOM.
SO THAT EASEMENT IS BEING USED.
AND SO THERE'S THE, I HAVE, UM, I'M JUST LETTING YOU KNOW IF YOU ARE, IF YOU WANTED TO REQUEST A CONTINUANCE TO TRY TO, TO LOOK INTO THOSE SORT OF THINGS, YOU, YOU WOULD DEFINITELY GAIN SOME SWAY WITH ME PERSONALLY.
UH, I CAN'T SPEAK FOR THE REST OF THE COMMISSION, BUT I'M JUST PUTTING THAT OUT THERE.
SO, UM, I AM THE PRESIDENT OF ALMO FARMSTEADS BABCOCK NEIGHBOR ASSOCIATION, BUT, BUT I, AND I REACHED OUT TO SO, BUT, BUT THIS IS A SUB COMMUNITY WITHIN OUR COMMUNITY AND SO I GENERALLY LET THEM, UM, I GUESS, UM, PROVIDE THE FEEDBACK.
AND SO THERE IS A NEIGHBORHOOD ASSOCIATION CALLED THE, UM, BLINKING GREEN BEAUTIFY, UH, BEAUTIFICATION, UM, ASSOCIATION.
AND I THINK YOU CAN FIND THAT ONLINE AND IF YOU REACH OUT TO THEM, YOU CERTAINLY CAN GET, YOU KNOW, THE INPUT FROM THEM.
AND I CONCUR WITH THE, WITH THE NEIGHBOR.
[01:15:01]
TO THE NEIGHBOR, THE NEIGHBORHOOD, BUT I DIDN'T HEAR BACK FROM ANYBODY, UM, AS OF YET.BUT, UM, YOU KNOW, BUT IT, BUT IT, UM, YOU CAN REACH OUT TO THEM AND KIND OF GET THEIR INPUT 'CAUSE THEY KIND OF CAN GIVE A PERSPECTIVE THERE.
I DIDN'T SEE ANY, ANY OTHER STRUCTURES ALONG, UM, OXFORD TRACE.
UM, SO THIS WOULD BE ONE OF THE FIRST ONES THERE, BUT I, BUT I DO CONCUR WITH, UH, MY COLLEAGUE WITH REGARDS TO, YOU KNOW, THE EASEMENT CONCERNS YOU, YOU KNOW, WE CERTAINLY DON'T WANT TO IMPACT THAT.
AND SO, SO THAT MAY BE AN ISSUE OR AN EVENT THERE.
UH, IS THERE ANYONE ELSE WHO'D LIKE TO ADD TO THE DISCUSSION? ALRIGHT, WITH THAT, UM, UM, IS THERE ANYONE CENTERED TO SPEAK ON THIS ISSUE? NOBODY'S HONOR TO SPEAK.
UH, IS THERE ANY OF THE COMMISSIONERS WHO WOULD LIKE TO SEE A CONTINUANCE? MANANA, COMMISSIONER, MANNA? SO, UM, SO IS THE NEXT WEEK O OPEN FOR THIS? THAT MIGHT BE TOO QUICK OR TWO WEEK.
UM, SO TWO, UH, SO IT'S AN INFORMAL GROUP AND SO, SO I THINK YOU CAN USE SOME EMAIL COMMUNICATION OUT THERE, BUT HE'S GONNA NEED A MONTH TO GET WITH CPS.
SO MONTH WITH CPS BY JUNE 15TH.
SO WHAT'S THE MONTH OUT MEETING NOW? JUNE 15TH.
OKAY, SO, SO, UM, SUGGEST THAT WE MOVE TO, UH, JUNE 15TH.
SO LIKE THAT IS THERE, WE HAVE A MOTION TO CONTINUE TO JUNE 15TH.
PLEASE, PLEASE REACH OUT TO CPS STAFF, CAN GIVE YOU SOME NUMBERS AND EMAIL.
ITEM NUMBER SIX IS BO OA DASH 26 DASH 1 0 3 83 LOCATED IN DISTRICT THREE AT 2 3 4 MYRICK BOULEVARD.
THE ZONING IS R FORM AND THE REQUEST IS FOR A 25% VARIANCE FROM THE MAXIMUM ALLOWABLE 50% FRONT YARD IMPERVIOUS COVER TO ALLOW 75% IMPERVIOUS COVER IN THE FRONT YARD.
THE SUBJECT PROPERTY IS LOCATED A LOCATED ALONG MYRICK BOULEVARD, NEAR THE INTERSECTION WITH PLEASANTON ROAD.
SURROUNDING PROPERTIES ARE ALSO ZONED R FOUR SINGLE FAMILY RESIDENTIAL DISTRICT.
THE CASE ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION OF THE PROPERTY IN MARCH, 2026 FOR BUILDING WITHOUT A PERMIT PER STAFF'S VISIT TO THE SITE IN APRIL, 2026.
THE IMPERVIOUS COVER INSTALLED WAS STILL EXISTING AND IS ESTIMATED TO COVER 75% OF THE FRONT YARD PER DATED STREET VIEW PICTURES.
THE SITE WORK WAS INSTALLED AFTER DECEMBER, 2025.
THE APPLICANT MAY EITHER MODIFY THE EXISTING DEVELOPMENT TO COMPLY WITH UDC STANDARDS OR REQUEST A VARIANCE FROM THE STANDARD FROM THE BOARD OF ADJUSTMENT.
THIS IS THE SUBJECT PROPERTY, THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL FOR THE IMPERVIOUS COVER VARIANCE IN BO OA DASH 26 DASH 1 0 3 0 0 8 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, INSTALLING EXCESSIVE IMPERVIOUS COVER TO A LOT THAT HAS ALREADY PERMITTED 50% IMPERVIOUS COVER IN THE FRONT CONTRIBUTES TO THE DIFFICULTY IN MITIGATING STORMWATER AND CAN INTENSIFY FLOOD EVENTS.
TWO, THERE IS THE OPTION TO UTILIZE OUS MATERIALS FOR PARKING AREAS TO MEET UDC STANDARDS.
ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
AND FOR VOICEMAILS, THERE IS ZERO RECEIVED IN FAVOR.
HARLIN DALE MCCOLLUM NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE.
THIS CONCLUDES STAFF'S PRESENTATION.
WE MEASURED THE DISTANCE FROM THE CARPORTS TO THE SIDE MINUTES.
UH, ANY QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME FORWARD? ALL RIGHT.
HAVE THE APPLICANT COME FORWARD? HELLO? GOOD AFTERNOON.
PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
AND WE'RE HERE REGARDING OUR, UM, CONCRETE THAT WE, UH, WE ACTUALLY HAD A TWO RIBBON DRIVEWAY AND, UH, WE THOUGHT IT WAS TIME THAT WE DO A WHOLE NEW CONCRETE DRIVEWAY.
WE DID NOT KNOW THAT, UH, YOU COULD ONLY DO SO MUCH OF THE CONCRETE ON YOUR FRONT YARD.
YOU CAN HAVE THE CARPORT HAVE THE CONCRETE ON
WE GETTING MUDDY AND, YOU KNOW, CAT DROPPING AND SO I MEAN, WE THEN HAD TORRENTIAL COMING OUT ON THAT SIDE OF THE NEIGHBORHOOD.
I DON'T KNOW WHY IT'S WASN'T EVEN, THE GROUND WASN'T EVEN AND WE
[01:20:01]
JUST FIGURED WE, YEP.IS THERE ANY COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA? SO I GUESS I, I, I'M GENERALLY NOT A BIG FAN OF PAVING PARADISE.
AND SO I GUESS I WOULD START TO ASK WHAT WOULD BE THE AMOUNT THAT WE CAN CUT BACK AND, AND MOVE TO PERUS VERSUS IMPERVIOUS COVER.
AND SO CHANGE IT TO A DIFFERENT STRUCTURE SO THAT IT DOES ALLOW FOR WATER TRICKLE DOWN AND IN.
UM, AND SO, SO I SEE WHERE THE, THE CURRENT DRIVEWAY, OR THE CURRENT SIDEWALK IS GOING FROM THE, UH, STREET, UM, TO THE DOOR.
UM, THE MATERIAL, UH, TO THE LEFT OF THAT, COULD THAT BE REMOVED? AND I GUESS JUST I UNDERSTAND THAT PART.
SO ARE YOU TALKING ABOUT THE PAVERS? SO I'M LOOKING AT THE OLD PICTURE.
SO ESSENTIALLY IT CAME SO WHERE THE, WHERE IT COMES IN FROM THE FENCE STRAIGHT UP TO THE HOUSE, SO TO THE FRONT DOOR.
SO ALONG THAT, THAT PIECE THERE, IS THAT WHERE THE CURVE IS AT? IS THAT BY THE TREE? YES.
SO THE, THE, YOU'RE TALKING ABOUT THE PAVEMENT UNDERNEATH THE CARPORT TO THE LEFT OF THAT TREE.
SO IF YOU LOOK AT THE, UM, THE, THE EARLIER PHOTOS, IT LOOKED LIKE YOU HAD PAVEMENT STRAIGHT, UH, THROUGH THE PLANE OF THE DRIVEWAY.
AND THEN AS YOU WENT TO THE LEFT, UH, SPECIFICALLY NEAR THAT, THAT UH, LONE UH, TREE STANDING UP THERE, UH, IT LOOKED LIKE YOU HAD, UM, SOMETHING ELSE, MAYBE SOME GRAVEL OR IT WAS STONE.
IT WAS, IT WAS JUST LIKE DIRT.
AND IT WAS HAD LIKE, UM, IT WASN'T, THE GROUND WASN'T EVEN, SO IT WAS JUST LIKE, JUST DIRT.
WELL, THE, BUT THE BUT THE PREMISE OF THE QUESTION, IS THERE ANY SORT OF SURFACE THAT YOU CAN REPLACE WITH SOMETHING PERMEABLE LIKE A PAVER OR STONE OR GRAVEL? JUST SOMETHING THAT YOU COULD OFFER MAYBE LIKE, UM, THE PAVERS, LIKE THE ONES WE HAVE ON THE RIGHT HAND SIDE? YES, SURE.
SO I DID REACH OUT TO, UH, SOMEONE ELSE FROM A DEPARTMENT AND THEY DETERMINED THOSE PAVERS WERE CONSIDERED IMPERVIOUS, WHICH WENT INTO THE CALCULATION FOR THIS REQUEST.
AND ACTUALLY ON THE RIGHT SIDE BY THE TREE COMING DOWN TO THE SIDEWALK THAT WAS PARTED SIDEWALK THAT RUNS TO THE FRONT OF THE FRONT DOOR OF THE HOUSE.
SO, SO THE PAVERS THAT TERRACOTTA AND THE, AND THE WHITE, UH, BLOCK PAVERS, IS THAT A USED AS A, AS A WALKWAY TO A A POINT IN THE REAR, GET SOME MUD AND MM-HMM
BUT, BUT AS FAR AS, COULD THOSE PAVERS BE REMOVED FROM THE FRONT OF THE CARPORT FORWARD MM-HMM
BECAUSE YOU REALLY DON'T NECESSARILY NEED THEM OUT TO THE STREET.
SO THAT'S, THAT'S SOMETHING MM-HMM
RUN FOR THE TRASH CANS AND, YOU KNOW, BUT YES, THOSE CAN BE RE REMOVED.
YEAH, WE WE'RE, LOOK, WE'RE JUST LOOKING TO SEE WHAT, WHAT'S SORT OF, SO WE CAN, THE EASIEST THING COFFEE GRASS, AND WE'RE ACTUALLY GONNA PUT A SWING UNDER IT.
UH, ANY OTHER COMMISSIONER QUESTIONS, THOUGHTS? COMMISSIONER ZUNE, WHICH WAY DOES THE WATER RUN OFF WHEN IT ROLLS OFF THE GARAGE? IS IT GOING STRAIGHT TO THE STREET OR JUST STRAIGHT TO, NOTHING'S PULLING UP ON, BECAUSE THAT'S ONE OF MY CONCERNS TOO, IS THAT WHETHER ALL THAT CONCRETE KIND OF CREATES A LOT OF RUNOFF TO THE STREET VERSUS ABSORBED INTO THE YARD OR ELSE PUDDLES IN THE YARD.
WELL, THERE'S SOME ON THE, ON THE LEFT SIDE AND THE RIGHT SIDE THAT THE WATER DOES GO ONTO THE SIDE.
WE HAVEN'T OPEN THEM IN THE PARK PORCH FOR THE WATER.
SO THAT, AGAIN, MY CONCERN WOULD BE ALL WITH ALL THAT CONCRETE, THERE'S A LOT OF AREA THAT CAN'T, UM, CAN'T ABSORB THE WATER, SO MM-HMM
THAT, AND THAT'S ONE OF THE REASONS WHY THERE'S THIS IMPERVIOUS COVER RESTRICTIONS ON THE FRONT SO YOU'RE NOT PAVING OVER THE ENTIRE FRONT YARD.
BUT, UM, SO, AND, AND JUST SO YOU KNOW WHAT THIS, WHAT THIS BOARD CAN DO IS, UH, BECAUSE YOU'RE ASKING FOR A 25% VARIANCE, UH, THIS BOARD COULD, COULD GO ANYWHERE BETWEEN 25 AND 50%.
AND SO ONE OF, ONE ASPECT OF WHAT WE LOOKED AT IS HOW WE COULD CALCULATE SUCH A NUMBER IF A COMMISSIONER WANTED TO MOTION SOMETHING IN BETWEEN MM-HMM
AND SO THOSE PAVERS ON THE SIDE, YOU KNOW, WE COULD PROBABLY YEAH.
'CAUSE THEY'RE NOT, UM, THAT'S SOMETHING, UM, IF THERE'S ANYTHING ELSE THAT PROBABLY COULD, COULD HELP, UH, US FEEL BETTER ABOUT OFFERING SOMETHING MM-HMM
UH, WE'D LIKE TO KNOW WHAT, WHAT YOU WOULD LIKE, UH, AND WHAT THAT WOULD MEAN.
YOU KNOW, LIKE MAYBE EVEN REMOVING SOME, A LITTLE BIT OF CONCRETE FORWARD OF THE COVER.
MAYBE GOING BACK TO A RIBBON DRIVE FROM THE STREET IN ONE AREA WOULD BE A SUBSTANTIAL AND, YOU KNOW MM-HMM
MAYBE LIKE FROM THE LEFT SIDE, ON THE LEFT SIDE, PERHAPS CUTTING OUT SOMETHING
[01:25:01]
IN THE MIDDLE AND GETTING RID OF THE PAVER SO THAT, YOU KNOW, MAYBE OFFERING UP A, A, YOU KNOW, SET OF 50%, MAYBE 65% OR 70%, OR, WELL, YOU'RE AT 75 NOW, SO IT'D BE LIKE 60%.SO, UM, YOU KNOW, THIS, THIS, THIS HARDSHIP WAS KIND OF CREATED BY THE APPLICANT, RIGHT.
AND SO ANYTHING WE DO HERE IS BETTER THAN WHAT THEY HAVE RIGHT.
SO, SO YOU LOOK THINKING LIKE 60% OR I'M THINKING 60%, RIGHT.
IS THERE ANYONE CENTERED TO SPEAK OR ANY UH, NO, NO PUBLIC COMMENT.
IF, UH, IF THERE'S SOMETHING ELSE, IF NO ONE OBJECTS OR HAS ANY ADDITIONAL QUESTIONS, I'D LIKE TO LET COMMISSIONER ZUNA MAKE A MOTION.
ALRIGHT, I'M READY TO MOVE FORWARD.
COMMISSIONER CASE NUMBER BO A DASH 26 DASH 0 3 83.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A 10 FOOT VARIANCE FROM THE MAXIMUM ALLOWABLE 50 FOOT FRONT YARD IMPERVIOUS COVER TO ALLOW 60% IMPERVIOUS COVER IN THE FRONT YARD.
SITUATED 2 3 4 MYRICK BOULEVARD, APPLICANT BEING ROSA LINDA VALDEZ.
BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS, WE, WE DETERMINED SHOW THAT THE PHYSICAL CHARACT OF THIS PROPERTY, SUCH THAT LITTLE ENFORCEMENT OF PROVISIONS OF THE UDC HAS AMENDED, WOULD RESULT IN UNNECESSARY HARDSHIPS.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE IMPERVIOUS COVER REQUEST WOULD STILL PROVIDE ADEQUATE SPACE AND CONDITIONS TO MITIGATE STORMWATER RUNOFF ON THIS PROPERTY.
TWO, TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE REMOVAL OF PREVIOUSLY INSTALLED IN PREVIOUS COVER, WHICH PRESENTS AN UNNECESSARY HARDSHIP AS THE LOT HAS ALREADY DEVELOPED.
AND THESE CONDITIONS NOW PRODUCE SUBSTANTIAL ADVERSE IMPACTS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE IN PREVIOUS COVER VARIANCE, WHICH STILL SERVE THE SPIRIT OF THE ORDINANCE AS THE APPLICANT WILL BE PROHIBITED FROM EXCEEDING THE MAXIMUM, ALLOW IMPERVIOUS COVER GRANTED, UH, GRANTED, THUS STILL LEAVING A PORTION OF THE FRONT YARD PERMEABLE TO STORMWATER FOR THE VARIANCE WITHOUT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED TO THE ZONING DISTRICT IN WHICH THE VARI TO LOCATED.
NO USES OF THOSE ALLOW THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WITHOUT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT PROPERTY IS LOCATED.
STAFF FINDS THE REQUEST TO NOT INJURE THE PROPERTY USE OF THE ADJACENT PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT OF AS THE REMAINING AMOUNT OF PERMEABLE AREA IS SUFFICIENT TO MITIGATE STORMWATER RUNOFF.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF ALL DUE TO THE UNIQUE, UNIQUE CIRCUMSTANCES EXISTING OF THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO OF THE RESULT OF GENERAL CONDITION FOR DISTRICT PUT THE PROPERTY LOCATED.
STAFF FINDS APPLY TO THE OWNER OF THE PROPERTY WITH THE VARIANCE OF SOLID AS DUE TO THE UNIQUE CIRCUMSTANCES ING OF THE PROPERTY.
IF THE VARIANCE IS NOT GRANTED, THE PROPERTY OWNER WOULD BE REQUIRED TO REMOVE THE PREVIOUSLY INSTALLED IMPERVIOUS COVER AND A MOTION.
SECOND BY COMMISSIONER MANOCK.
SO I'M, UH, GOING TO, I, SORRY, POINT OF CLARIFICATION.
UM, DID YOU SAY 10? HE SAID 10 FEET.
UM, YEAH, SO AS YOU, AS WE NOTED, I MADE A VARIANCE, A REQUEST ON THE VARIANCE OF 10% TO 60%.
I THINK, YOU KNOW, THE, THEY'RE REALLY KINDA SHIFTING THE BURDEN OF THE STORM WA STORM WATER RUNOFF TO THE PUBLIC AND IT'S REALLY CREATED BY THE APPLICANT AND BY TRYING TO REDUCE IT DOWN TO THAT 10%, I THINK KIND OF SERVES MY, UH, PURPOSE OF KIND OF CONTAINING THAT STORM WATER ON THEIR PROPERTY AND NOT MAKING A PUBLIC BURDEN TO, TO REMEDY.
ANYONE ELSE LIKE TO ADD HEARING? NONE SAYS ROLL CALL VOTE.
COMMISSIONER ZONA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDES? YES, I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
SO YOU, YOU, YOU GET A 10% VARIANCE AND THAT COULD LOOK LIKE WHATEVER YOU WANT IT TO LOOK LIKE, BUT PLEASE GET WITH STAFF AND THEY CAN HELP GUIDE YOU THROUGH THAT.
GOOD AFTERNOON, MARK MARLEY, PRINCIPAL SEVEN IS BO OA 2 6 1 0 3 0 0 0 84.
UH, REQUESTING A FOUR FOOT VARI FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A 16 FOOT REAR SETBACK.
UM, A TWO FOOT VARI FROM THE MINIMUM REQUIRED FIVE FOOT SIZE SETBACK TO ALLOW ADDITION WITH A THREE FOOT SIDE SETBACK.
THE ELIMINATION OF THE NCD TWO MINIMUM 18 INCH EAVE STANDARD, A 10 FOOT VARI FROM THE NC D TWO MAXIMUM TO ALLOW A 45 FOOT FRONT AND GABLE ROOF LENGTH.
A VARI FROM THE CD TWO STANDARDS TO ALLOW THE USE OF METAL SIDING FOR ACCIDENTS AND UPPER PORTION OF THE ADDITION.
AND A VARI FROM THE ACCESSORY DWELLING STANDARDS TO ALLOW AN ACCESSORY DWELLING UNIT IN THE SIDE YARD OF THE PROPERTY.
[01:30:01]
PROPERTY IS LONG LOCATED ALONG FULTON AVENUE ON THE END OF THE BLOCK BASE WITH A RAILROAD TRACK DIRECTLY TO THE WEST OF THE PROPERTY.SUBJECT PROPERTY IS LOCATED WITHIN THE ALTA VISTA NEIGHBORHOOD CONSERVATION DISTRICT, WHICH REQUIRES A SET OF DESIGN STANDARDS TO CONSERVE THE OVERALL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE PROPERTY OWNER INITIALLY SUBMITTED THE VARIANCE REQUEST FOR CONSIDERATION WITH THE BOA IN 2025, UH, HOWEVER THAT APPLICATION WAS WITHDRAWN.
UH, THE PROP, THE REQUEST PROPOSES THE CONSTRUCTION OF A NEW HOME ADDITION AND AN A DU, UH, IN THE REAR INSIDE YARDS OF THE EXISTING, UH, PROPERTY.
THIS IS THE SUBJECT PROPERTY, UH, RAILROAD TRACKS THERE AND THE SURROUNDING AREA.
STAFF RECOMMEND DENIAL, UM, FOR THIS REQUEST, UH, FOR THE NNC D TWO STANDARDS.
THESE VARIANCES WILL ALLOW FOR CONSTRUCTION WITH A LACK OF VISUAL COHESION WITH THE SURROUNDING AREA AND INCONSISTENT WITH THE CONSERVATION DISTRICT.
STANDARDS WOULD BE ESPECIALLY CONFIGURED ON AS THE PROPERTY IS VISIBLE FROM LOCAL ROADS ALONG THE NORTH AND SOUTH.
PROPERTY LINES ALSO RECOMMEND DENIAL ON SETBACKS AND ACCESSORY, UH, DWELLING VARIANCES.
THE PROPOSED REAR SETBACK IS INSUFFICIENT, WHICH WILL LEAD TO AN INCREASE IN WATER RUNOFF ONTO ADJACENT PROPERTY.
THE PROPOSED ACCESSORY DWELLING PLACEMENT ON THE SIDE YARD IS OUTTA CHARACTER WITH THE SURROUNDING NEIGHBORHOOD.
17 NOTICES WERE MAILED OUT, NONE RECEIVED IN OPPOSITION OR IN FAVOR OR VOICEMAILS.
UM, ALTA VISTA, UH, DID STATED THAT THEY DID NOT TAKE EXCEPTION TO THE REQUEST.
AND THIS IS THE, NOT SURE IF THIS WAS SENT TO Y'ALL ALREADY, BUT, UH, WE RECEIVED IT YESTERDAY FROM ALT VISTA STUFF AND IT'S A LETTER FROM THE PROPERTY OWNER THAT CONCLUDES STAFF RECOMMENDATION PRESENTATION.
LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME, TELL US ABOUT YOUR, YOUR PROJECT.
THANK YOU BOARD MEMBERS FOR YOUR SERVICE.
UH, MY NAME IS DAVID VOGEL AND I'M AN ARCHITECT.
I'M REPRESENTING, UH, FIREFIGHTER SERGIO DE LA MORA, THE HOMEOWNER.
I'M HERE TO REQUEST YOUR APPROVAL OF SIX VARIANCES FOR MR. DE LAMAR'S HOME AT 6 2 6 FULTON.
THIS PROJECT HAS BEEN SIGNI SIGNIFICANTLY REDESIGNED OVER THE PAST YEAR WITH EXTENSIVE NEIGHBORHOOD AND INPUT AND SUPPORT, AND MR. DE LAMORE IS UNABLE TO ATTEND TODAY.
UH, BUT I HAVE A LETTER FROM HIM RESPONDING TO THE STAFF COMMITTEE REPORT.
UM, I WAS GONNA ASK IF I COULD READ IT INTO THE RECORD, BUT, UM, I KNOW WE'RE PRESSED FOR TIME.
WHATEVER YOU THINK YOU TEST, YOU'VE GOT A COPY.
YOU'VE GOT A COPY OF IT NOW TOO, SO APPRECIATE THAT.
DO YOU HAVE THOSE, THOSE APPRECIATE IT.
I'LL JUST PROMPT YOU TO, TO DO IT UNLESS I CAN.
SO, UM, SO THIS IS FULTON STREET ON A BOUNDARY OF THE PROPERTY.
UH, UM, THE ONLY GRAY, SORRY, YOU GO TO THE, THE, UM, I GUESS I'M SORRY THAT THAT WAS FOR THE FIRST ONE.
SO THIS IS THE FRONT OF THE PROPERTY FACES NORTH ON FULTON AVENUE, AND WE'RE GONNA CALL, UM, FULTON STREET, THE FULTON TO THE SOUTH OF THE PROPERTY THAT IT ALSO FRONTS UPON.
UH, YOU CAN GO TO THE NEXT ONE.
AND THAT'S THE VIEW OF THE PROPERTY FROM FULTON STREET ON THE SOUTH SIDE, UM, ADJACENT TO THE RAILROAD TRACKS.
UM, SO THE ONLY GRADE, THIS IS THE ONLY GRADE SEPARATED CROSSING OF THE UNION PACIFIC BETWEEN HILDEBRAND AND I 10.
UM, AND SO WHAT DEFINES ALTA VISTA'S CHARACTER? THIS IS A LOT OF WHAT WE WANT TO TALK ABOUT.
YOU CAN SEE THE PROPERTY AT THE FAR LEFT SIDE OF THAT SLIDE.
THE, THE MAP GIVES AN IMPRESSION OF SAMENESS, HOMOGENATE, AND CONFORMANCE.
UM, SLIDE EIGHT IS ALTA VISTA IS NOT A UNIFORM NEIGHBORHOOD.
IT'S CHARACTER COMES FROM VARIETY, UM, FROM HISTORIC HOMES, INDUSTRIAL EDGES, BRICK STRUCTURES, UNIQUE, LOTS SHAPED BY THE RAILROAD.
THIS DIVERSITY IS WHAT MAKES OUR NEIGHBORHOOD SPECIAL.
WE EVEN HAVE A LANDMARK LIGHTHOUSE AT SUMMIT THE NEXT.
THESE ARE SOME, UH, VIEWS ALONG THE RAILROAD TRACKS OF SOME OF THE PROPERTIES.
THIS IS OUR LANDMARK LIGHTHOUSE.
IT'S REALLY IN, IN BEACON HILL, BUT THE DIVERSITY IS WHAT MAKES OUR NEIGHBORHOOD SPECIAL.
THE MIDTOWN NEIGHBORHOOD PLAN WAS CREATED IN 2000 AND AS, UH, HEALTH GROWTH FOR ALTA VISTA AND BEACON HILL.
[01:35:01]
ALTA VISTA WAS THE SECOND NCD, SO IT'S NC D TWO.ALTA VISTA NCD STANDARDS WAS UPDATED IN 2019.
AND THESE STANDARDS ARE APPLIED BY STAFF REVIEW, UH, AND ARE VERY VALUABLE TO HELP PROTECT THE NEIGHBORHOOD CHARACTER.
BUT THEY'RE ALSO RIGID AND THEY, THEY LIMIT, UM, VARIETY.
UH, THE DEFINING ECLECTIC CHARACTER OF OUR NEIGHBORHOOD WOULD NOT EXIST IF THIS WELL-INTENTIONED, BUT LIMITING ORDINANCE HAVE BEEN IN PLACE BEFORE DEVELOPMENT.
THE NCD RESIDENTIAL STANDARDS, AGAIN, ARE VALUABLE IN TYPICAL LOCATIONS FOR DEVELOPER AND HOMEOWNER PROJECTS, BUT THEY'RE LIMITING IN ATYPICAL LOCATIONS WHERE DESIGN PROFESSIONALS AND THE PUBLIC INPUT PROCESSES IS INVOLVED.
SO WE HAVE A FEW MONTEREY STYLE HOMES WITH PORCHES FACING PREVAILING BREEZES, ECONOMY OF NO OVERHANGS AND DURABILITY OF BRICK FACADES.
UH, HERE'S A LARGE SCALE HOUSING WITH, UH, COMPATIBLE WITH THE STREETSCAPE AND LOW DENSITY RESIDENTIAL THROUGH ITS LANDSCAPING, TRANSPARENT FENCE, SHADE TREE AND SHADED PATIO.
THE LOW SLOPE METAL INDUSTRIAL BUILDINGS THAT MAY NOT BE QUOTE ATTRACTIVE, BUT AGAIN, THE DIVERSITY IS WHAT MAKES THE NEIGHBORHOOD SPECIAL.
EXAMPLE OF A WELL-DESIGNED LARGE BRICK STRUCTURE.
HOW CAN THIS BE CONSIDERED, CONSIDERED COMPATIBLE? I WOULD LIKE TO SUGGEST THE COMPATIBILITY COMES FROM THE JUXTAPOSITION OF THE SCALES AND EACH BUILDING'S OWN DESIGN, QUALITY AND ADJACENT LANDSCAPING.
THEY'RE INTACT, COHESIVE INDIVIDUAL IDENTITIES, PROJECT THE QUALITY OF COMPATIBILITY.
ACCESSORY STRUCTURES AND SIDE YARDS.
THAT, THAT'S THE REAL JUXTAPOSITION THERE OF SCALES THAT OUR NEIGHBORHOOD FOLKS SEEM, SEEM TO LIKE AND APPRECIATE.
UH, THERE'S A FEW HERE OF ACCESSORY STRUCTURES AND WHAT ARE PERCEPTIVELY, UH, SIDE YARDS.
UM, AND THERE ARE MANY OF THESE.
THERE'S ANOTHER ONE WHERE A SIDE BECOMES A PROP PERCEIVED FRONT.
UH, AGAIN, IT'S TECHNICALLY I THINK IN THE BACKYARD, BUT AGAIN, PERCEPTIVELY AND, AND, UH, FROM OUR NEIGHBORHOOD SUPPORT PEOPLE DON'T SEEM TO MINE THE SIDE YARD, UM, ACCESSORY STRUCTURES.
AGAIN, WHERE A SIDE BECOMES THE FRONT AND THEN THE STRUCTURE APPEARS TO BE BESIDE.
UM, THIS ONE'S PART OF A SORT OF A COMPOUND EVEN HAS TECHNICALLY SEPARATE ADDRESSES, I THINK.
BUT AGAIN, IT'S AS IF IT'S TO DECIDE.
UM, THE NEIGHBORHOOD ASSOCIATION WE MET WITH, UH, ON THE SIXTH, UM, UH, HAD NO OPPOSITION.
UH, THEY WROTE A LETTER OF SUPPORT TAKING NO EXCEPTION, AND I'M GLAD YOU GOT A COPY OF THAT.
UM, MY CLIENT WAS HERE LIKE, UH, WAS SAID IN 2025 AND HE GATHERED A LOT OF SUPPORT FROM HIS IMMEDIATE NEIGHBORS.
UM, THIS REFLECTS THAT SUPPORT AND, UM, WHAT WE'RE DOING NOW IS, IS SO SIMILAR THAT HE'S SURE THAT THEY'RE ALL STILL IN SUPPORT.
SO OUR SITE IS ATYPICAL PROPERTY'S LOCATED AT THE END OF THE BLOCK WITH TWO STREET FRONTAGES, STEEP TOPOGRAPHY, AND DIRECTLY ADJACENT TO THE RAILROAD.
THESE CONDITIONS ARE NOT TYPICAL OF INTERIOR ALTUS LOTS AND CREATE REAL DESIGN CONSTRAINTS.
THIS MAP BEGINS TO IDENTIFY THE VARIETY AND, AND BY HIGHLIGHTING IN RED, THE PROJECT SITE AND IN YELLOW OUTLINES SOME OF THE ATYPICAL PROPERTIES THAT REALLY SHAPED THE CHARACTER OF OUR NEIGHBORHOOD.
UH, AFTER WITHDRAWING THE 2025 APPLICATION, I HIRED, UH, SERGEANT SERGIO.
I HIRED A ARCHITECT, UH, AND RESIDENT OF ALTA VISTA DAVID BOWELL, AND WE REDUCED THE HEIGHT.
WE REFINED THE MASSING, WE REDESIGNED THE PROJECT TO BETTER ALIGN WITH THE NCD TWO STANDARDS, UM, WHILE STILL ALLOWING REASONABLE USE OF THE PROPERTY.
AND THE NEXT SLIDE, THE, UH, VARIANCE CRITERION ONE OF PUBLIC INTEREST PRO PROJECT DOES NOT HARM THE PUBLIC HEALTH.
SAFETY AND WELFARE IMPROVES THE PROPERTY, ADDS OFF STREET PARKING AND ENHANCES THE STREET SCAPE.
THE PUBLIC INTEREST IS, IS COMPATIBILITY, NOT UNIFORMITY, AND NEIGHBORHOOD AGREES THIS DESIGN IS COMPATIBLE.
UH, VARIANCE CRITERION TWO UNNECESSARY HARDSHIP.
THIS HARDSHIP COMES FROM THE LAND ITSELF, NOT FROM THE OWNER.
THE IRREGULAR GEOMETRY, DUAL STREET EXPOSURE, RAILROAD ADJACENCY AND TOPOGRAPHY CREATE LIMITATIONS NOT SHARED BY SURROUNDING PROPERTIES.
LITERAL ENFORCEMENT OF EVERY STANDARD WOULD PREVENT REASONABLE USE OF THIS ATYPICAL LOT.
THE SPIRIT OF THE ORDINANCE IS TO PRESERVE NEIGHBORHOOD CHARACTER ALTER.
THIS CHARACTER IS DEFINED BY VARIETY, NOT SAMENESS.
THIS WAS BROUGHT UP SEVERAL TIMES
[01:40:01]
BY SOME OF THE PUBLIC MEMBERS OF THE A VA MEETING LAST WEEK.MANY OF THE STRUCTURES THAT DEFINE THIS NEIGHBORHOOD TODAY, UM, WOULD NOT BE ALLOWED IF NC D TWO HAD EXISTED WHEN THEY WERE BUILT.
OUR DESIGN RESPECTS THE CHARACTER THROUGH QUALITY MATERIALS AND CONTEXTUAL MASSING.
WE INTEND TO USE BRICK AS THE PRIMARY MATERIAL WITH LIMITED METAL ACCENTS ON UPPER PORTIONS.
THESE MATERIALS RELATE DIRECTLY TO THE INDUSTRIAL EDGE AND EXISTING MIXED MATERIAL HOMES.
THIS IS A COMPLIMENTARY, NOT DOMINANT USE OF METAL, THE EAVES AND THE GABLE LENGTH.
ALSO SHOWN ON THIS SAME SLIDE, UM, THE EAVE MODIFICATION AND GABLE LENGTH OR FUNCTIONAL RESPONSE TO DRAINAGE PROPORTION IN THE SITE'S UNUSUAL ORIENTATION.
THESE FEATURES RELATE TO OTHER WIDE GABLE STRUCTURES ALONG THE RAILROAD AND ARE CONSISTENT WITH THE NEIGHBORHOOD'S ECLECTIC CHARACTER.
THE REDUCED REAR SETBACK AND DRAINAGE.
UM, THE REDUCED REAR SETBACK WILL NOT INJURE ADJACENT PROPERTIES.
THE SITE NATURALLY DRAINS TO THE SOUTH AND TOWARD FULTON, TOWARD FULTON STREET, EXCUSE ME, AND WEST TOWARD THE RAILROAD RIGHT OF WAY, UH, SHOWN ON THIS TOPOGRAPHY.
UM, SO IT'S NOT A DRAINAGE ISSUE REALLY.
IT IS A DRAINAGE DESIGN ISSUE.
IT'S, IT'S NOT A ZONING ISSUE.
UH, THIS SHOWS IN SOME DETAIL THE, THE REAR REAR YARD SETBACK ALONG THE SOUTH EDGE, WHICH TREATING AS A, AS A FRONTAGE.
UH, OUR APPROACH IS TO, TO FRONT THE BUILDING FACING, UH, THE ADDITION FACING FULTON TO THE SOUTH.
WE APPRECIATE STAFF'S REVIEW ABOUT SEVERAL FINDINGS.
DON'T REFLECT THE ACTUAL CONDITIONS OF THE SITE OR THE NEIGHBORHOOD.
THE NEIGHBORHOOD ASSOCIATION SUPPORTS THE PROJECT.
THE SITE'S OBJECTIVELY UNIQUE IN THE DESIGN ALIGNS WITH THE SPIRIT OF THE ORDINANCE.
UH, THE A DU PLACEMENT, UM, 'CAUSE OF THE LOT SHAPE AND THE ANGLE OF THE RIGHTS OF WAY.
THE A DU LOCATION FUNCTIONS MORE LIKE A REAR YARD CONDITION.
SEVERAL NEARBY PROPERTIES HAVE, UH, AS WE'VE SEEN ACCESSORY STRUCTURES IN SIMILAR POSITIONS.
NOW THE A DGU WILL BE MODEST, SCREENED AND COMPATIBLE WITH THE NEIGHBORHOOD.
SO THIS IS A CROSS SECTION SHOWING, UH, THE STREET TO THE NORTH ON THE LEFT AND THE EXISTING STRUCTURE LABELED EXISTING.
AND THE, UH, TWO STORY ADDITION.
UM, FIND IT, YOU CAN SEE IT'S, IT'S QUITE WELL REMOVED FROM FULTON STREET TO THE SOUTH.
FULTON STREET TO THE SOUTH IS AN 80 FOOT RIGHT OF WAY.
AND WE'VE GOT A STEEP TOPOGRAPHY SEPARATING THE BUILDING FROM THAT.
SO JUST THE SUMMARY HERE OF WHY THE VARIANCES ARE APPROPRIATE.
THE, THE 16 FOOT REAR SETBACK IS AS WILL OCCUR IN TWO, UM, TWO PARTICULAR CORNERS OF THE BUILDING.
THE FRONT PORCH CORNER AND THEN THE, THE CORNER OF THE ADDITION.
UH, THOSE ARE THE ONLY POINTS THAT WILL BE NARROWED TO THE 16 FOOT.
UH, THE THREE FOOT EAST SIDE SETBACK IS STILL ADEQUATE FOR PROPERTY MAINTENANCE AND IT'S REQUIRED TO GET THE VEHICULAR DRIVE IN BETWEEN THE ADDITION AND THE A DDU.
UM, THE EAVES ARE COMPATIBLE WITH NEIGHBORHOOD EXAMPLES WITH SIMILAR LOCATION, MATERIAL AND FORM.
THE WIDE GABLE IS COMPATIBLE WITH NEIGHBORHOOD EXAMPLES WITH SIMILAR ROOF PITCHES.
FIVE, THE METAL SIDING FOR ACCENTS IS COMPATIBLE WITH NEIGHBORHOOD ECEC CHARACTER.
AND SIX, THE ACCESSORY DWELLING BESIDE THE MAIN STRUCTURE IS COMPATIBLE WITH NEIGHBORHOOD EXAMPLES AND NECESSARY DUE TO THE IRREGULAR SHAPE OF THE LOT.
UH, THIS PROJECT REPRESENTS A GOOD FAITH EFFORT TO IMPROVE THE PROPERTY WHILE RESPECTING THE NEIGHBORHOOD RESPONDING TO THE SITE'S UNIQUE CONSTRAINTS.
RESPECTFULLY REQUEST THAT YOU APPROVE THESE VARIANCES.
I'M GONNA JUST START OFF WITH TWO QUESTIONS.
CAN YOU PLEASE, UH, CLARIFY WHAT THE 45 FOOT, UH, GABLE? WE DON'T SEE A LOT OF THOSE AND I YES SIR.
I'D LIKE TO JUST WHAT? ASKING.
SO ACTUALLY THAT LAST SLIDE IS, IS SATISFACTORY.
UH, SO THE WIDTH OF THE GABLE FROM HERE HERE IS 45.
AND IT, IT'S A, IT'S A LINE IN OUR NCD TWO THAT LIMITS GABLE WIDTHS TO 35 FEET MAXIMUM.
SO THAT'S, UH, AS, AS AN ARCHITECT.
UM, AND, AND I'M FAMILIAR WITH THIS, THIS CODE, WHAT, WHAT WE'RE TRYING TO PRO PROMOTE WITH THE NCD TWO IS A NEIGHBORHOOD SCALE, A COMPATIBILITY OF SCALE.
[01:45:01]
STRUCTURE OVER 35 FEET? THE EXISTING STRUCTURE HAS A GABLE IN THE, IN THE EAST, WEST DIRECTION.THIS, THIS GABLE WILL RUN NORTH SOUTH.
AND THEN, UH, WOULD YOU BE AMICABLE, UM, I UNDERSTAND WHAT YOU'RE SAYING ABOUT THE DRIVE, BUT IF THE DRIVE WERE TO GO DOWN TO 11 FEET, YOU COULD GET A FOUR FOOT SIDE SETBACK ON THAT TOO.
SO THE, THE OWNER, UH, MY CLIENT HAS, HAS, HAS PURCHASED THIS METAL PRE-ENGINEERED METAL ROOF STRUCTURE.
AND SO I SAID, LET'S, LET'S SEE WHAT WE CAN DO WITH WHAT YOU'VE ALREADY COMMITTED TO.
THE LAST TIME HE CAME TO THIS BOARD, HE HAD A 45 BY 40 FOOT ENTIRE METAL BUILDING, PRE-ENGINEERED METAL BUILDING, WHICH THE NEIGHBORHOOD, UM, SO ARE YOU SAYING THAT FOR TWO, FOR THE SITE SETBACK, IS THE, IS THE WALL OF THE BUILDING GONNA BE THREE FEET OR THE EDGE OF THE ROOF? SORRY, SAY THE QUESTION.
UH, ON ITEM NUMBER TWO, ARE YOU SAYING THAT THE ROOF EDGE OR THE, OR THE WALL FACE IS GOING TO BE THREE FEET AWAY FROM THE SIDE SETBACK? FROM THE SIDELINE? THE, THE FOOTPRINT OF THE BUILDING WOULD BE THREE FEET FROM THE PROPERTY LINE.
SO WE'D MAINTAIN A THREE FOOT SIDE SETBACK.
WOULD YOU HAVE AN OVERHANG THERE ON THE SIDE? NO, WE WON'T.
AND, AND THE OVERHANG IS ANOTHER ONE OF OUR VARIANCES.
'CAUSE OUR, OUR WELL-INTENTIONED NCD TWO UH, REQUIRES ALL STRUCTURES TO HAVE AN OVERHANG OF MINIMUM OF 18 INCHES.
AND THE, AND THIS, AND ON THE EXAMPLE PICTURES THAT YOU PROVIDED, YOU HAD THIS AND INTERESTING LOOKING HOME NEARBY.
A LOT OF HOMES DON'T MEET THE NCD.
DOES THAT HOME LOOK? DIDN'T LOOK THAT OLD.
I KNOW THE ONE YOU'RE TALKING ABOUT NOW.
SO THAT'S A, THAT'S, UM, THAT'S IN THE SLIDE CAN GO BACK TO THAT.
SO THAT, THAT'S A PROJECT THAT WAS BUILT HERE, UH, CONTRARY RECENTLY AND IT VIOLATED NNC D TWO STANDARDS AND I I, I WORKED FOR THE NEIGHBORHOOD ASSOCIATION ALSO AS A, AS A RESIDENT THERE.
AND I'M PART OF THE TECHNICAL COMMITTEE.
SO WE OUTLINED, I OUTLINED WHAT THE VIOLATIONS OF THE NCD TWO WERE.
AFTER THIS WAS BUILT, IT SLIPPED THROUGH STAFF, SO STAFF REVIEWS FOR NCD TWO COMPLIANCE.
AND, AND THIS, THIS HOUSE DOES NOT COMPLY WITH A NUMBER OF I WAS, 'CAUSE I SAW THAT IN YOUR PRESENTATION.
SO YEAH, I, I DIDN'T WANT TO LINGER ON IT, BUT THIS IS, THIS IS WHAT THE NCD TWO IS INTENDED TO PREVENT ACTUALLY IS THAT THEY'RE NOT HIRING A DESIGNER.
THEY'RE, THEY'RE JUST, UH, PUTTING UP, I DON'T KNOW WHAT.
ANY OTHER QUESTIONS? COMMISSIONER BECKMAN, MA'AM.
UM, SO WHAT IS THE PURPOSE OF THE A DU AND THE ADDITION? THAT'S A LOT OF SQUARE FOOTAGE TO ADD TO ONE PARCEL OF LAND.
WHAT'S THE PURPOSE BEHIND THEM? SO THE PURPOSE OF BEHIND IT IS, IS HIS RESIDENCE.
UM, YEAH, MR. DELMORE WANTS TO LIVE THERE.
HE WANTS TO, UM, BE ABLE TO STRETCH OUT OF IT.
THE, THE FRONT HOUSE IS QUITE, QUITE SMALL BY SOME CONSIDER TODAY'S STANDARDS.
SO HE'S GONNA HAVE A, UM, UH, OTHER BEDROOMS, LIVING AREAS, A GARAGE SPACE WORKSHOP SPACE IN HIS, UH, IN THE ADDITION, THE, THE IDEA BEHIND THE A DDU, WHICH, WHICH WOULD PROBABLY BE PERMITTED SOMETIME IN THE FUTURE, WOULD BE FOR HIS, HIS, UH, PARENTS AND OR IN-LAWS TO BE ABLE TO LIVE ON, ON SITE WITH THEM IF HE AND HIS FAMILY.
ANYONE ELSE LIKE TO HAVE, HAVE A QUESTION? ALL RIGHT.
IS THERE ANYONE SENATOR TO SPEAK ON? HAVE ONE QUICK QUESTION? YES.
COMMISSIONER MINI, YOU SAID THIS WAS LIKE A PRE-ENGINEERED METAL BUILDING? YES.
SO WHAT WE'RE PROPOSING TO USE IS A PRE-ENGINEERED METAL ROOF.
UH, IS THIS LIKE A, IS THIS GONNA LOOK LIKE A BARN, BARN BARNUM OR THOSE, THOSE BARN BARIUM.
THIS IS GONNA HAVE THAT KIND OF APPEARANCE.
I, WHAT LOOKS LIKE, BUT IT'S JUST OUR CONCEPT, OUR CONCEPTUAL DESIGN AT THE MOMENT IS, IS LIKE SHOWN ON THE, SO YOU SAY METAL SIDING, THAT METAL SIDING, IS THAT GONNA BE LIKE LAP B AND BAT END STANDING SEAM? WHAT IS THAT GONNA LOOK LIKE? IT'S A TILE.
UM, IT'S A HAND WR TILE, UM, METAL SHEET METAL TILE.
AND I'VE USED IT ON SOME OTHER PROJECT.
THERE'S A PHOTOGRAPH ON ON SKETCH FIVE OR ONE, IT'S IN THE SLIDESHOW.
SO THIS IS AN EXAMPLE OF A PHOTOGRAPH.
I DON'T KNOW IF YOU'LL HAVE A BETTER WAY TO VIEW THAT BETTER, BUT THOSE ARE, THOSE ARE ABOUT NINE BY 18 INCH TILES.
[01:50:01]
YEAH.THAT'S THE INTENTION ON THE UPPER PORTION IN, IN LIEU OF THE TYPICAL CORRUGATED INDUSTRIAL, UM, PRE-ENGINEERED METAL SIDING, WE INTEND TO DO SOMETHING LIKE THIS.
AND, AND YOU DID GO BEFORE, UH, THE, THE NEIGHBOR ASSOCIATION AND, AND THEY LOT OF QUESTIONS.
THEY TOOK A VOTE ON IT AND RIGHT THERE WAS A MEETING LA A GENERAL ASSEMBLY MEETING AND WE PRESENTED THESE SKETCHES TO THEM.
UH, THERE WAS NO OPPOSITION VOICE.
THERE WAS, THERE WAS QUITE A BIT OF DISCUSSION ABOUT WHETHER THE NEIGHBORHOOD SHOULD APPROVE SUPPORT, NO EXCEPTION, ETC.
IS THERE ANY OF QUESTIONS MANA, MR. MANA AND AS I RECALL THE PRIOR REVIEW, NEITHER OF VISTA OR BEACON HILL SUPPORTED THIS RIGHT.
IF I RECALL CORRECTLY THAT THAT'S CORRECT.
NOW BEACON HILL IS QUIET, WHICH KIND OF SAYS THAT THEY'RE GENERALLY VERY VOCAL, BUT ALL VISTA IS NOW SUPPORTING IT.
SO, BUT IT IS A BIG DIFFERENCE FROM THE LAST TIME WE HEARD IT.
BUT IT ALSO WAS, IT WAS 35 FOOT TOO.
SO IT WAS A MUCH BIGGER, MUCH TALLER STRUCTURE.
SO YEAH, MY, THAT WAS OUR MAIN OBJECTION.
I WAS, I WAS WEARING MY NEIGHBORHOOD ASSOCIATION HAT AT THAT AT THAT TIME AND, AND WE WERE IN OPPOSITION, UH, 'CAUSE OF THE, YEAH, THIS IS BEING NEXT TO THE RAILROAD LIKE THIS IN TWO STREET FRONTAGES.
UH, I'M, YOU KNOW, I I I FEEL A LITTLE BIT MORE AMICABLE TO TOWARDS SOMETHING DIFFERENT.
BUT THE FACT THAT YOU WENT BEFORE THE NEIGHBORHOOD ASSOCIATION AND, AND ACTUALLY HAD A FULL MEETING AND ACTUALLY JUST THOROUGHLY DISCUSSED IT, THAT THAT'S A BIG SELL FOR ME.
UH, IF THERE'S ANY OTHER QUESTIONS, LOOKING FOR A MOTION COMMISSIONER MAD REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 0 8 4.
I MOVED TO THE BOARD ADJUSTMENT GRANT, A REQUEST FOR A FOUR FOOT VARIANCE FOR THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A 16 FOOT REAR SETBACK TO A TWO FOOT VARIANCE, UH, FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW AN ADDITION WITH A THREE FOOT EAST SIDE SETBACK.
THREE IN ELIMINATION OF THE NCD TWO MINIMUM 18 INCH EAVE, STANDARD FOUR, A 10 FOOT VARIANCE FROM THE NCD TWO MAXIMUM TO ALLOW FOR A 45 FOOT FRONT END GABLE ROOF LENGTH.
FIVE, A VARIANCE FROM THE NCD TWO STANDARDS TO ALLOW FOR THE USE OF METAL SIGNING FOR ACCENTS IN UPPER PORTION OF THE ADDITION.
AND SIX, A VARIANCE FROM THE ACCESSORY DWELLING STANDARDS TO ALLOW AN ACCESSORY DWELLING UNIT, UH, IN THE SIDE YARD OF THE PROPERTY SITUATED AT 6 2 6 FULTON AVENUE.
APPLICANT BEING SYNCHRO SYNCHRO, UH, ARCHITECTURE STUDIO 'CAUSE THE TESTIMONY PRESENTED US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER'S PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE EDC AS AMENDMENT WOULD RESULT IN THE UNNECESSARY HARDSHIPS.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCES AND DESIGN MODIFICATIONS WILL ALLOW FOR REASONABLE RESIDENTIAL IMPROVEMENTS WHILE MAINTAINING COMPATIBILITY, UH, WITH THE SURROUNDING NEIGHBORHOOD AND THE RAILROAD RIGHT OF WAY TO THE WEST PROVIDES ADDITIONAL SEPARATION WITH ADJACENT PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS, LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO THE LIMITED REAR YARD SPACE.
THE RAILROAD RIGHT OF WAY, A ADJACENT TO THE PROPERTY AND THE EXISTING NON-CONFORMING SIDE SETBACK OF THE ORIGINAL HOME CONSTRUCTED PRIOR TO CURRENT ZONING STANDARDS, STRICT APPLICATION, OTHER REGULATIONS WOULD SIGNIFICANTLY LIMIT THE ABILITY TO REASONABLY EXPAND AND IMPROVE THE PROPERTY.
THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED VARIANCES PRESERVES THE RESIDENTIAL CHARACTER OF THE PROPERTY WHILE ALLOWING IMPROVEMENTS THAT ARE CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN AND CONSTRAINTS OF THE SITE, THEREBY BALANCING NEIGHBORHOOD STANDARDS WITH REASONABLE USE OF THE PROPERTY.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THIS VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF J FOREIGN PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED THE PROPOSED EDITION.
ARCHITECTURAL MODIFICATIONS, MATERIAL ACCENTS AND PLACEMENT OF THE ACCESSORY DWELLING UNIT ARE DESIGNED TO REMAIN RESIDENTIAL IN CHARACTER AND ARE NOT EXPECTED TO NEGATIVELY IMPACT ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE NCD TWO DISTRICT SIX APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES, UM, OR NOT, UH, UH, SAY NOT THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE HARDSHIP IS PRIMARILY ATTRIBUTABLE TO THE UNIQUE SITE CONDITIONS, INCLUDING THE RAILROAD RIGHT OF WAY, LIMITED BUILDABLE AREA IN THE REAR YARD AND THEIR PRE-EXISTING SIDE SETBACK CONFIGURATION OF THE ORIGINAL RESIDENCE, WHICH WERE NOT CREATED BY THE CURRENT OWNER AND ARE NOT COMMON THROUGHOUT THE DISTRICT.
SECOND BY COMMISSIONER BINANCE.
YEAH, SO I RECALL THIS CASE QUITE A BIT FROM THE FIRST ONE JUST 'CAUSE I KNOW THAT WE HAD A LOT OF DIALOGUE WITH REGARDS TO THE STREET FRONTS
[01:55:01]
IN THAT AND THE, AND THE, UH, RAILROAD AND, AND, AND I KIND OF CONCURRED WITH THE NEIGHBORHOOD IN THE FIRST MEETING WITH REGARDS TO THE, THE MASS SIZE OF, OF WHAT WAS BEING PROPOSED.AND THIS ONE SEEMS, UH, YOU KNOW, SEEMS A WHOLE LOT MORE COMPATIBLE WITH, WITH THE COMMUNITY ITSELF.
UH, BUT THEY'RE ALSO LOVELY, YOU KNOW, FOR TRYING TO FIGURE OUT HOW TO PRESERVE AND, AND IT IS HARD TO WRITE THEM, UM, YOU KNOW, TO MAKE THEM WORK FOR THE COMMUNITY.
UM, SO, UM, SO YOU KNOW, I THINK THAT THEY DID A GOOD JOB WITH REGARDS TO UM, YOU KNOW, WORKING WITH THE COMMUNITY AND, AND REDOING WHAT IT WAS THAT WAS, YOU KNOW, I GUESS WENT BACK AND REDESIGNED WHAT SHOULD WORK ON THAT PROPERTY.
AND SO I'LL BE VOTING IN FAVOR.
UM, COMMISSIONER BONNI? YEAH, I'LL ALSO BE IN FAVOR.
UM, AND YOU KNOW, MY ONLY CONCERN WAS THAT A DU BUT IT'S, IT'S UP AGAINST THE TRACK, SO I'M OKAY WITH IT OVER THERE.
ALL RIGHT, ANYONE ELSE LIKE TO ADD HEARING NOW? ROLL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACTS.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINES AND FACT.
UH, DOES ANYBODY NEED A BREAK? ALL RIGHT, WE'RE GONNA TAKE OURSELVES A LITTLE BREAK.
UH, SO YOU KNOW ABOUT SEVEN OR EIGHT MINUTES AND STAFF THAT ITEM APPLICANT FOR ITEM THREE.
ALL RIGHT, WE'RE BACK IN SESSION ITEM EIGHT.
JOEL ELLI, SENIOR, YOUR PLANNER WITH BOARD OF ADJUSTMENT.
ITEM EIGHT IS BO A DASH 26 DASH ONE IN DEL VIA ALLEY.
THIS IS A REQUEST FOR ONE, A VARIANCE FROM THE LOT LAYOUT STANDARDS TO ALLOW FOR PRIMARY ACCESS AND FRONTAGE OF A SINGLE FAMILY RESIDENTIAL LOT ON AN ALLEY.
TWO, A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A 16 FOOT REAR SETBACK.
A 1900 SQUARE FOOT VARIANCE FROM THE MINIMUM REQUIRED 4,000 SQUARE FOOT.
LOT SIZE REQUIREMENT TO ALLOW FOR A 2100 SQUARE FOOT LOT SIZE AND FOUR A NINE FOOT VARIANCE FROM THE MINIMUM REQUIRED 35 FOOT LOT WIDTH TO ALLOW FOR A 26 FOOT LOT WIDTH WITH THE PROPERTY IS SURROUNDED BY UH, LOTS ZONED R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT AND SEVERAL LOTS ALONG THIS STRETCH OF THE DEL VIA ALLEY HAVE ALREADY BEEN DEVELOPED WITH SINGLE FAMILY HOMES.
ACCORDING TO BEXAR COUNTY RECORDS, THE EARLIEST OF THESE HOMES WERE ESTABLISHED IN THE 1920S AND THE LATEST WERE ESTABLISHED IN THE 1950S.
THE APPLICANT PROPOSED NEW INFILL DEVELOPMENT OF A SINGLE FAMILY HOME ON THIS PROPERTY.
HOWEVER, EXISTING SITE CONDITIONS MAKE THIS PROPERTY SUBSTANDARD FOR DEVELOPMENT UNDER CURRENT UDC STANDARDS.
ALTHOUGH A CHANGE OF ZONING DESIGNATION TO THE R TWO RESIDENTIAL SINGLE FAMILY DISTRICT WOULD RESOLVE ISSUES RELATED TO SUBSTANDARD LOT DIMENSIONS.
NEW DEVELOPMENT ALONG AN ALLEY IS PROHIBITED BY THE UDC.
SHOWN HERE IS A SITE PLAN OF THE SUBJECT PROPERTY WITH THE VARIOUS VARIANCES REQUESTED, NOTED AND THE SUBJECT PROPERTY IN ITS CURRENT CONDITION AND THE SURROUNDING AREA, AGAIN, THIS IS ALONG DEL VIA ALLEY WITH SEVERAL OTHER HOMES ALREADY FRONTING THAT ALLEY.
STAFF RECOMMENDATION FOR THE PRIMARY ACCESS, SETBACK AND LOT DIMENSION VARIANCES.
STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE ALLEY IS NOT WIDE ENOUGH TO ALLOW FI ACCESS FOR FIRETRUCKS AND EMERGENCY SERVICES.
AND TWO, THE REDUCED SETBACK WOULD CAUSE AN INCREASED RISK OF FIRE SPREAD IN AN AREA WHERE A SUBSTANTIAL FIRE HAZARD ALREADY EXISTS DUE TO SEVERAL OLDER HOMES HAVING BEEN BUILT WITH SOLE ACCESS ALONG DEL VIA ALLEY.
ZERO WERE RETURNED IN FAVOR, ZERO WERE RETURNED IN OPPOSITION.
WE RECEIVED ZERO VOICEMAILS IN THE HISTORIC WEST SIDE.
RESIDENT NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
THIS CONCLUDES STAFF'S PRESENTATION.
AND DID THIS APPLICANT HAVE A-A-C-O-D? THEY'RE JUST WAITING FOR ON OUR, SO CORRECT ME IF I'M WRONG, MERKO.
I DUNNO IF YOU HAVE THE STAFF REPORT.
I DON'T THINK THERE'S A COD, WHICH IS, UH, WHY THEY WOULD REQUIRE SEVERAL VARIANCES FOR THE LOT DIMENSION STANDARDS.
NORMALLY THE COD KIND OF COVERS THOSE, UH, SEVERAL OF THOSE.
WELL, NOT, NOT IF IT'S A, IF IT'S NOT A WHOLE LOT.
'CAUSE THIS IS THE WEST PORTION OF A LOT.
IT HAS TO MEET ZONING, SO IT WOULD'VE TO COME TO US TO GET THE COD, BUT THERE'S ONE IN, THERE WAS A COD APPROVED IN JULY, 2025.
YEAH, I, SO THAT, THAT SHOULD HAVE, THIS ACTUALLY SHOULD
[02:00:01]
HAVE COME BEFORE US THEN LAST YEAR THEN PERHAPS THAT'S WHAT WE NORMALLY DO IS AN APPLICATION FOR A COD AND THEN THAT ONE CAVEAT THAT SAYS YOU HAVE TO MEET ZONING AND THEN THAT FORCES IT TO COME HERE AND, OKAY.ANY OTHER QUESTIONS? I'M, I'M SORRY.
UM, THERE IS NO, I WAS LOOKING AT THE WRONG STAFF REPORT.
THERE IS NO COD FOR THIS PROPERTY.
UM, SO THE ORIGINAL THING, WHAT JOEL SAID, UM, THAT'S WHY THEY'RE HAVING TO COME HERE.
WE GONNA HAVE THE APPLICANT COME FORWARD PLEASE AND YEAH, I DUNNO.
YEAH, WE, WE, UH, WE'LL LET THE APPLICANT GO FIRST.
IF, IF SHE HAD TIME TO THE SPEAK, SHE CAN COME UP.
AND IF NOT, UM, SHE CAN ASK AND WE'LL SEE IF ANYONE LIKES TO ASK A QUESTION.
UM, THANK YOU GUYS FOR MEETING WITH ME TODAY.
SO WE'RE REQUESTING THE FOUR VARIANCES.
DO WE NEED TO HAVE YOUR NAME PLEASE? OH, ZACH.
USUALLY DON'T DO A BUNCH OF PUBLIC SPEAKING, SO BEAR WITH ME.
UM, WE ARE REQUESTING, UH, THE FOUR VARIANCES FOR THE PROPERTY.
UH, WHEN WE ORIGINALLY PURCHASED THIS PROPERTY, WE WERE UNDER THE IMPRESSION OF IT BEING AN R FOUR, UM, WHICH WOULD BE THE 4,000 SQUARE FEET.
THE VARIANCES ARE FOR THE LOT ACCESS, UH, AS WE WERE DRIVING THROUGH AND WE'VE DONE, UM, SOME RESEARCH ON, AS FAR AS THE STREET, THERE IS A BUNCH OF DEVELOPED PROPERTY.
UH, ONE OF THE THINGS WE DID NOTICE BASED OFF OF THE PREVIOUS PROPERTY IS THERE IS NO, UH, SETBACK ON THE FRONT.
IT SEEMS LIKE THEY'RE MORE TOWARDS THE FRONT SIDE OF IT.
UM, WE ARE REQUIRING, OR I'M SORRY, REQUESTING A FOUR FOOT VARIANCE FROM THE 16 FOOT FROM THE 20 FOOT.
I, UH, I'LL BE TRULY TRANSPARENT WITH YOU GUYS BECAUSE THAT'S THE WHOLE POINT OF THIS AND BEING HONESTY, I HAVEN'T EVER DONE ONE OF THESE BEFORE, SO I DON'T KNOW IF THERE IS ONE OF THOSE, UM, KIND OF, UH, GIVE OR TAKE TYPE THINGS THAT IF THAT FOUR FOOT, UH, VARIANCE FROM THE REAR.
'CAUSE I KNOW HE MENTIONED, UM, IT BEING A FIRE HAZARD.
IF THERE WAS THE OPTION TO REDUCE OUR, UH, BUILDING SIZE AND TO COME DOWN INTO WHERE WE MEET THAT 20 FOOT SETBACK, UM, OBVIOUSLY I'LL LEAVE THAT IN Y'ALL'S HANDS.
I JUST DON'T KNOW IF THAT IS AN OPTION AS, AS A THING.
UH, WE CAN, WE, WE CAN'T DO MORE, BUT WE CAN DO LESS.
UM, THE 1900 SQUARE FOOT LOT, UH, DIFFERENT DIFFERENCE, UH, JUST AMONGST THAT STREET BETWEEN, UM, BOTH, BOTH INTERSECTING STREETS, THERE IS ABOUT FOUR DIFFERENT PROPERTIES THAT ARE ON THE SAME PROPERTY SIZE OF OURS.
UH, THAT'S WHERE IT KIND OF CIRCLES ME BACK TO THE, UM, 16 FOOT AND 20 FOOT VARIANCE TO KIND OF GO IN LINE WITH THE REST OF THOSE PROPERTIES.
UM, WE ARE ASKING, BEING THAT OUR LOT IS 2100 SQUARE FEET OPPOSED TO THE STANDARD 4,000 FOR THE R FOUR, UH, ZONING, AND THEN THE LOT SIZE VARIANCE FROM 35 TO 26.
UM, I KNOW THERE IS A ANOTHER LOT ON THE SIDE OF IT, WHICH IS IN THE SAME SITUATION AS OURS.
UM, WHICH BASICALLY THOSE, BOTH OF THOSE LOTS WE HAVE GONE TO CLEAN UP.
SO THE REASON WHY WE ARE REQUESTING THOSE VARIANCES IS TO, TO CONDUCT A BUILD AND OBVIOUSLY BRING SOME MORE VALUE TO THE AREA.
UH, OBVIOUSLY GETTING RID OF A LOT OF THE TRASH BUILT UP THAT'S BEEN KIND OF JUST AS THE EMPTY LOT.
IT'S JUST BEEN A, UH, KIND OF LIKE A TRASH LOT THAT WE USUALLY HAVE TO GO AND CLEAN UP, UM, IS TO BRING MORE, UH, I GUESS TAX VALUE TO THE, THE AREA AND TO THE CITY AND ALSO TO, UM, JUST INCREASE THE VALUE WITHIN THE AREA.
UH, I DON'T THINK US BUILDING THIS PROPERTY WOULD DO ANY HARM TO THE NEIGHBORS, UM, OR CAUSE ANY TYPE OF ISSUES.
SO WE ARE TRYING TO LOOK TO INCREASE THE, THE VALUE WITHIN THE AREA.
UM, I KNOW ONE OF THE BIGGEST THINGS THAT WE ARE LOOKING AT IS BEING, I KNOW THE ALLEYWAY IS OF AN ISSUE DUE TO THE ACCESS POINTS FROM WHAT THEY'RE STATING FOR THE, UH, FIRE TRUCKS.
UM, I KNOW THERE IS GRANDFATHERING AS, AS FAR AS SOME PROPERTIES DUE TO BUILDING CODES AND STUFF LIKE THAT, BUT AS OF RIGHT NOW, YOU KNOW, THERE, THERE IS PROPERTIES RIGHT THERE, UM, THAT WOULD HAVE THE SAME ACCESS AS FAR AS THE, UM, EMERGENCY SERVICES.
UM, WE FEEL THAT THE IMPROVEMENT WOULD TRULY HELP THE AREA.
AS I MENTIONED, THE, THE TRASH BUILDUP AND THE PILEUP.
UM, AND THAT'S FOR THE MOST PART WHAT I HAVE, UH, IN REGARDS TO IT.
UH, ANY QUESTIONS FROM THE COMMISSION? BRAGMAN COMMISSIONER BRAGMAN? SO IS THERE ANYTHING THAT YOU CAN DO TO, UM, ADDRESS THE ISSUE OR THE CONCERN OF STAFF REGARDING THE, THE FIRE SPREAD? UM, WITH THE NARROW ALLEYWAY WITH THE FIRE TRUCKS NOT BEING ABLE TO GET DOWN, IS THERE SOMETHING THAT YOU PROPOSE TO MITIGATE THOSE CIRCUMSTANCES? WOULD THAT BE IN REGARDS TO THE, THE 16 TO 20 FOOT SETBACK OR THE, THE ALLEYWAY ACCESS? BECAUSE I KNOW THERE'S TWO THAT WE'RE ASKING THAT ARE KIND OF CONTROLLED, THE ALLEYWAY ACCESS BECAUSE THERE STAFF IS CONCERNED THAT SINCE THERE'S THE, THE ALLEYWAY IS NARROW, IS NOT WIDE ENOUGH FOR FIRE TRUCKS AND EMERGENCY SERVICES.
SO IS THERE SOMETHING THAT YOU PROPOSE
[02:05:01]
TO MITIGATE? UM, THE, THE CIRCUMSTANCES I KNOW WE WOULD BE ABLE TO CONTROL ON OUR PROPERTY AND OUR BUILD AND INCREASE LIKE THE FIRE RATED, UH, MATERIAL.UM, OBVIOUSLY WITH THE OTHER PROPERTIES AROUND WE COULDN'T DO ANYTHING.
UH, I KNOW THAT THE MENTION WAS OBVIOUSLY THE SETBACK TOO, AND THAT'S WHY I WAS ASKING THAT IF WE, UH, CORRESPONDED WITH THAT SETBACK TO, UH, REDU OR I'M SORRY, UH, REDUCE OUR REQUEST DOWN TO THE, OR JUST GO TO STANDARD CODE OF THE 20 FEET.
UM, I KNOW THAT THERE WASN'T A FIRE HYDRANT FROM WHAT I PAID ATTENTION TO ON THE ALLEYWAY, UM, BUT THEY WERE AT THE, UH, INTERSECTING STREETS.
SO I'M NOT SURE IF THAT WOULD EVEN BE OF AN ISSUE OR NOT OF AN ISSUE, BUT KIND OF BE OF A FACT, UM, THAT THE FIRETRUCK WOULD HAVE TO POSITION ITSELF ON AN INTERSECTING STREETS REGARDLESS.
HOW FAR AWAY WOULD THAT BE FROM, UH, FROM THIS PROPERTY? UM, I WANT TO SAY PROBABLY ABOUT IT.
WELL, IT'S, IT'S ONE MORE LOT.
SO I'M GONNA SAY ABOUT 35 FEET AWAY.
I BELIEVE IT'S ON SEVEN ALL IF I'M NOT MISTAKEN.
SO YOU ARE PLANNING ON PUTTING A FIRE RATED MATERIAL ON THE EXTERIOR OF THE YES MA'AM.
SO THE CITY'S POSITION IS THAT, UM, THERE'S ALREADY TOO MUCH DENSITY IN THIS NON, UM, THIS THIS ALLEYWAY STREET, THIS NON, UH, CORRECT SIZE STREET AND ADDING ONE MORE HOUSE ONTO THIS IS WHAT'S GOING TO, OR, OR WE HAVE TOO MANY ALREADY AND AND WE DON'T WANNA BUILD ANY MORE ON IT.
I'M TRYING TO UNDERSTAND THE CITY'S POSITION FOR, UM, I GUESS FROM THE BUYER PERSPECTIVE ON IN THIS AREA HERE.
UH, WE ACKNOWLEDGE THAT THERE ARE OTHER, UM, EXISTING DWELLINGS.
UM, OBVIOUSLY THOSE WERE BUILT BEFORE THE CURRENT STANDARD, UM, FROM FACING AN ALLEY WE JUST DIDN'T SEE JUST BECAUSE THEY'RE THERE.
UH, WE STILL SEE THE, UH, THE, THE DANGERS OF KIND OF PUTTING ANOTHER, UH, RESIDENCE SOMEWHERE WHERE EMERGENCY VEHICLES WOULD HAVE TROUBLE GOING INTO.
UM, THAT'S KIND OF OUR MAIN BASIS OF RECOMMENDATION BECAUSE IT DOES APPEAR THAT THERE'S A LOT OF, A LOT OF THE REMAINING, A LOT OF THOSE LOTS ARE, ARE DIVIDED.
UM, TWO WHOLE STREETS WORTH ARE KIND OF DIVIDED, YOU KNOW, SO THAT THEY CAN CONTINUE TO BUILD OUT.
AND SO, SO YOU KNOW, AND THIS, THIS PARTICULAR, UM, BLOCK FACE OF VALLA ALLEY, IT WAS, UH, IT WAS, THERE WAS NO ORIGINAL, UM, ALLEY THERE.
THAT'S WHY THEY COULDN'T GET THE COD, THE LOTS TO THE RIGHT.
THERE WAS A CLEAR ALLEY THERE.
UM, AND IF THOSE WERE IN KIND OF IN THE SAME SITUATION, THEY COULD GET CODS.
UM, THIS ONE, UH, ALLEY WAS CREATED KIND OF OVER TIME.
UM, AND WE UH, WE REALLY COULDN'T EVEN FIND WHERE IT OFFICIALLY WAS CREATED AS AN ALLEY.
WE HAD TO, UM, WORK WITH, UH, PUBLIC WORKS JUST TO KIND OF VERIFY THAT THE ALLEY DID, EX DOES EXIST, THAT KIND OF STUFF.
UM, SO IT'S JUST A, A ALLEY CREATED AFTER, UM, AFTER THE AREA WAS DEVELOPED.
AND DO WE HAVE A, A MAP OR SOMETHING THAT SHOWS WHERE THE FIRE HYDRANTS ARE LOCATED, UM, WE'LL SAY ON THE, OFF THE MAIN STREETS TO, BECAUSE I THINK THERE'S A MINIMUM DISTANCE THAT'S REQUIRED, UM, FOR RUNNING THE HOSE, UM, YOU KNOW, TO A PROPERTY.
AND SO, YOU KNOW, DO ALL OF THESE HOMES FOLLOW THAT ALREADY AND YOU KNOW, WOULD THIS BE ANOTHER HOME IN THAT, IN THAT, IN THAT SPACE? OR IS IT ACTUALLY GONNA EXCEED THAT AS WELL? I CAN SPEAK TO SOME OF THAT MARCO IF YOU WANT ME TO.
THIS KEVIN COLLINS, DSD ENGINEER.
UM, THE, THE NEAREST FIRE FIRE HYDRANT IS AT SAN LUIS AND SOUTH CILO, WHICH IS OVER 300 FEET BY HOSE TO THE HOUSE.
SO IF, AND, AND SO IF YOU HAVE TO ASSUME THAT THE ALLEY ITSELF, UM, WOULD NOT, UM, BE CONDUCIVE TO AN EMERGENCY ACCESS EASEMENT OR TO, TO AN EMERGENCY ACCESS, I SHOULD SAY FOR A FIRE TRUCK OR AN AMBULANCE, WHICH IS A SAFE ASSUMPTION CONSIDERING IT'S ABOUT 12 FOOT PAVEMENT WIDTH WITH INTERVENING UTILITY POLES AND PARKING BACK THERE AND TREES AND EVERYTHING ELSE, IF YOU LOOK AT IT IN STREET VIEW, THEN THE, THE HOSE LAKE PULL WOULD BE OVER 150 FEET FROM THE INTERSECTION OF THE ALLEY TO THE HOUSE.
THAT'S JUST TO GET TO THE HOUSE AND, AND 150 FEET IS THE MAXIMUM HOSE LAKE.
SO
[02:10:01]
AND WHAT WE DID, AND THIS IS BEFORE THE CITY MADE PEOPLE COME HERE, UM, WHAT THE CITY USED TO DO, UH, AND YEARS AGO WAS THAT IT WAS DONE DURING EITHER PLATTING OR IT'S CONSIDERED A SUBINDUSTRY.YOU GET A VARIANCE AN A VR AND IN THAT PROCESS YOU CAN, YOU KNOW, HORSE TRADE A LITTLE BIT.
WHAT I DID ON ONE OF MY PROJECTS WAS WE OFFERED A, UH, WE WE PUT A REQUIREMENT FOR A, A, UH, SPRINKLER SYSTEM IN ON THE HOUSE, WHICH GETS THE HOSE LAID DOWN TO 200 FEET, WHICH WOULD MAKE EVERYTHING WORK OUT.
BUT WE DON'T HAVE THE MECHANISM TO REQUIRE ANYBODY TO DO ANYTHING.
AND SO, YOU KNOW, AND THAT GOES WITH PART OF MY QUESTION IS CAN THE APPLICANT AMEND HIS APPLICATION TO INCLUDE A SPRINKLER SYSTEM ON A STRUCTURE OR IS THAT SOMETHING THAT THE CITY IS GOING TO REVIEW FOR COMPLIANCE DURING THE BUILDING PERMIT PROCESS WHERE IF THEY OFFERED ONE UP, THEY WOULD GET THE 200 FOOT HOLE HOSE LAYER.
IS THAT SOMETHING THAT WE SHOULD BE EVEN ENTERTAINING OR DISCUSSING? OR IS THAT SOMETHING THAT COULD BE DISCUSSED BY THE CITY IN THE FUTURE? YEAH, I DON'T KNOW THAT WE COULD DO IT HERE IN THIS FORUM.
IT MIGHT BE SOMETHING THAT, YEAH, DOWN THROUGH THE PERMIT REVIEW PROCESS, IT MIGHT BE ENTERTAINED, BUT I DON'T KNOW THAT WE CAN MAKE THAT REQUIREMENT HERE.
WHEN I DID IT, I HAD IT ON A PLAT AND I ACTUALLY PUT THE REQUIREMENT ON THE PLAT, SO IT WAS PERMANENT.
WE DON'T REALLY, YOU KNOW, THIS ISN'T LIKE PUTTING CAP ON A FENCE.
I THINK THE APPROPRIATE FORM WOULD BE THE BUILDING PERMIT REVIEW PROCESS, BUT, BUT THERE IS A WAY FOR THEM TO ACHIEVE COMPLIANCE.
BUT, BUT WOULD WE BE VOTING ON SOMETHING AND THEN WE WOULD RELY ON THE CITY THEN TO, WELL, WE'RE VOTING ON THE, ON THE ABILITY FOR HIM TO MOVE FORWARD.
THAT DOESN'T MEAN WE'RE SAYING YOU HAVE TO GET A, THE CITY HAS TO GRANT A PERMIT AND OR GIVE, HE'S NOT GETTING DEVIATIONS FROM THE BUILDING CODE.
UH, I I THINK THAT, UM, YOU KNOW, THERE, THE WAY, AND YOU KNOW, I, I HAVE A LITTLE CONFLICT WITH THE CITY.
I PERSONALLY THINK THAT THAT BECAUSE THERE ISN'T A PLAT MOVING FORWARD, THE SECTION OF CODE THAT APPLIES IS THERE'S A SECTION OF WHEN YOU'RE ABUTTING A SUBSTANDARD RIGHT OF WAY, THE PROCESS IS YOU GET AN A VR IF IT GETS REJECTED, THEN YOU COME HERE AND THEN IF WE APPROVE IT, THEN YOU, YOU HAVE THE ABILITY TO APPLY FOR A BUILDING PERMIT.
BUT THAT DOESN'T MEAN YOU GET THE BUILDING PERMIT, YOU STILL HAVE TO COMPLY WITH THE CODE.
SO BUILDING PERMIT WOULD REQUIRE A SPRINKLER SYSTEM IS WHAT YOU'RE SAYING? WELL, THAT WOULD, HE WOULD HAVE TO PROVIDE SOME MEANS OF COMPLIANCE.
AND THAT WOULD EITHER BE A CMR, UH, CODE MODIFICATION REQUEST AND GET PERMISSION TO HAVE THAT DEVIATION.
OR IF HE WANTED TO BE FULLY COMPLIANT, HE'D HAVE TO PUT IN A RESIDENTIAL SPRINKLER SYSTEM.
SO THERE IS A MECHANISM FOR, FOR THEM TO MOVE FORWARD.
I DON'T THINK IT'S WITHIN OUR PURVIEW, BUT, UM, WELL, YO, SO ONE OF THE THINGS WE ALWAYS TALK ABOUT IS BEING SAFE AND WANTING ALL OF OUR RESIDENTS TO BE SAFE.
AND SO I WOULDN'T WANNA MOVE SOMETHING FORWARD WHERE THE POTENTIAL IS FOR SOMETHING VERY UNSAFE, YOU KNOW, AS THE DIALOGUE.
AND THIS ONE'S COMPLETELY DIFFERENT BECAUSE, YOU KNOW, AND I FOUND THE OLD RECORD WHERE THIS BLOCK WAS CREATED, IT'S SUPER DUPER OLD, AND THERE WAS NO ALLEY BACK THEN IN EIGHT.
SO IN 1895 THERE WAS NO ALLEY.
UH, AND SOMETIME BETWEEN THEN AND IT BECAME AN ALLEY, AND THEN LOT 10 USED TO BE THROUGH THE ALLEY.
UH, YOU KNOW, AND, AND IN 1992 IT WAS BROKEN UP.
THE WAY WE SEE IT TODAY, UH, ACCORDING TO THE DEED RECORDS, UH, SO IN THE SIXTIES IT WAS STILL SOLD AS A COMPLETE LOT 10, BUT THEN IN SOMETIME IN THE NINETIES IT WAS BUSTED UP, WHICH, YOU KNOW, I THINK THE 87 UDC WOULD'VE, I THINK IT WAS THE, I THINK THE 87 UDCI DON'T KNOW IF IT SUPPORTED EXACTLY WHAT WAS GOING ON HERE.
I KNOW THE OH ONE VERSION DIDN'T, BUT THAT'S WHERE WE'RE AT.
SO FROM WHAT I'M UNDERSTANDING, IF THIS GOES FORWARD, MY NEXT STEP WOULD BE I'D HAVE TO GO AND OBTAIN A BUILDING PERMIT TO RIGHT.
APPROVE THE SPRINKLER SYSTEM THROUGH? WELL, NO, NO.
YOU, YOU WOULD OBTAIN A BUILDING PERMIT AND BECAUSE YOU DON'T MEET THE 150 FEET OF HOSE LAY, YOU GET 200 FEET IF YOU HAVE A, A SPRINKLER SYSTEM.
OR YOU CAN GET A VARIANCE FROM THE FIRE MARSHAL'S OFFICE AND THAT'S WHERE YOU NEGOTIATE WHATEVER.
WOULD I END UP HAVING TO BRING THAT BACK HERE AND, UH, BEFORE YOU GUYS AGAIN? OKAY.
SO SORRY TO FEEL LIKE I'M HOGGING UP THE CONVERSATION HERE.
IS THERE ANYONE THAT'D LIKE TO MAKE, HAVE A QUESTION? OKAY.
IS THERE ANYONE SIGNED UP TO SPEAK? GOT A, UH, MRS. DIANA SNYDER, COME ON UP.
SO WE'RE GONNA HEAR FROM, FROM THIS, FROM THIS RESIDENT, AND WE'LL HEAR OUR THOUGHTS AND WE'LL SEE IF WE HAVE ANY MORE QUESTIONS FOR YOU.
UH, PLEASE STATE YOUR NAME AND TELL US WHAT YOUR THOUGHTS ARE.
[02:15:01]
AND I JUST WANTED TO COMMENT ON THAT LOT.'CAUSE MY SON LIVES RIGHT THERE AT THE CORNER, UHHUH, AND THEN THE LOT IS RIGHT NEXT TO HIM.
AND THEN THERE ARE HOMES RIGHT NEXT TO THAT AS WELL.
UM, WE JUST MOVED IN AND THAT LOT HAS BEEN BY ITSELF FOR A LONG TIME.
AND YES, IT, IT NEEDS TO BE WORKED ON SOMEHOW.
EITHER PUT A HOUSE, SELL IT OR WHATEVER, BECAUSE I MEAN, THERE'S JUST SO MANY, UM, RODENTS AND TRASH AND EVERYTHING.
THAT PLACE HAS SOMETHING IN IT, LIKE A OLD SHED OR, OR OR WHATEVER.
I DON'T EVEN KNOW WHAT IT IS 'CAUSE I WAS AFRAID TO GO IN THERE
BUT, UM, MY QUESTION WOULD BE, YEAH, THAT'S TRESPASSING TOO.
YEAH, I KNOW I WOULD BE, BUT 'CAUSE I WAS INTERESTED IN BUYING IT, THAT'S WHY, BECAUSE IT LOOKED LIKE IT WAS JUST BY ITSELF.
BUT, UM, ANYWAYS, UM, I WAS GOING TO SAY, IF THE HOME IS BUILT, THAT THAT LOT IS SMALL.
IF, AND YOU, Y'ALL PROBABLY DON'T KNOW, AND THIS IS MY FIRST TIME AT THIS TYPE OF MEETING, IF A HOUSE IS BUILT, IS IT GOING TO BE LIKE REAL CLOSE TO THE FENCE LINES OR IS IT GONNA BE LONG ELONGATED INSTEAD OR, YEAH.
AND THEN IF THEY PUT IN THE, THE SPRINKLERS AND STUFF, IT'S GONNA CUT DOWN ON THE HOME ITSELF.
WOULDN'T WELL, SO THERE'S WHAT HAPPENS IS, UH, JUST TO ANSWER THAT QUESTION MM-HMM
UM, THIS APPLICANT IS, HAS THIS PIECE OF PROPERTY THAT DOESN'T ON ITS OWN COMPLY WITH THE DIFFERENT PORTIONS OF OUR CODE.
AND HE'S ASKING FOR US TO GIVE HIM A VARIANCE MM-HMM
AND SO ONE OF THE VARIANCES THAT HE'S ASKING FOR THAT EFFECT HOW CLOSE A STRUCTURE WOULD BE TO SOMEBODY, THERE'S RIGHT, HE'S ASKING FOR A FOUR FOOT VARIANCE FROM THE REQUIRED 20 FOOT WEAR SETBACK TO GO DOWN TO 16 FEET.
THAT DOESN'T MEAN THAT WE'LL NECESSARILY GRANT IT.
UM, THIS BOARD CAN VOTE ON IT AND WE CAN VOTE OR WE CAN VOTE FOR IT AGAINST IT OR VOTE FOR SOMETHING IN BETWEEN.
AND, AND SO ONE OF THE THINGS THAT WE LIKE TO HEAR IS INPUT FROM THE NEIGHBORS.
UM, ARE, ARE, ARE YOU IN OPPOSITION TO A STRUCTURE BEING PUT ON THE LINE IF IT'S COMPLIANT WITH THE CODES? NO, NOT NECESSARILY.
'CAUSE LIKE YOU SAID, I MEAN, IT WOULDN'T MAKE THE NEIGHBORHOOD BETTER, YOU KNOW, BETTER LOOKING AND IT WOULDN'T BE SO TRASHY.
THE ONLY WORRY THAT I WOULD HAVE IS, YOU'RE RIGHT, THE FIRE TRUCK, I MEAN, THAT ALLEY IS SO SMALL.
I DON'T EVEN KNOW IF THE GARBAGE TRUCKS COULD GO THROUGH THERE.
I'M NOT, I'M NOT SURE BECAUSE GARBAGE TRADITIONALLY LIKES 14 FEET.
ALTHOUGH IT'S SMALL AND I'M, THAT'S, YOU KNOW, WHAT THEY CAN WITH THAT TRUCK IS LIKE ANY OTHER VEHICLE.
AND, AND AS FAR AS THE SPRINKLERS, IF THERE IS A FIRE, HOW WOULD THE SPRINKLERS HELP THE HOME? I MEAN, THE SPRINKLERS USUALLY ARE GRASS, IT DOESN'T GO THROUGH.
OH NO, THIS IS A SPRINKLER SYSTEM WITHIN THOUGH.
I'M LIKE, WELL THAT DOESN'T MAKE SENSE TO ME.
THE YARD WOULD LOOK VERY NICE.
I'M SORRY, I, UH, LIKE I SAID, OKAY.
BUT I, EITHER WAY, IF HE, IF THEY MAKE A HOME, IT'LL BE NICE IF THEY DON'T, THEY SELL, I MEAN, THAT'S GREAT TOO BECAUSE THERE ARE A BUNCH OF TREES AS WELL.
I MEAN, OLD TREES THAT DON'T EVEN HAVE LEAVES ON THEM BECAUSE THEY'RE DRY AND WHATNOT.
SO IT COULD BE SABLE FOR FIRE ANYTIME, OR, YOU KNOW, ESPECIALLY WITH THE THUNDER LIGHTNINGS AND STUFF.
SO, WHICH, YES, WHAT'S YOUR ADDRESS? MY ADDRESS? IT'S MY SON'S.
YOU CAN OR YOUR SON'S ADDRESS.
WHAT DOES, WHAT IS YOUR SON'S ADDRESS? IT IS, UH, EIGHT 10 SOUTH SABINA.
THEY DON'T CLASSIFY IT AS VAL ON THERE, BUT IT'S RIGHT AT THE CORNER OF HIS LOT AND SOME, UH, IS IT SABINAS? YEAH, I THINK IT'S SOUTH.
DID THE APPLICANT COME BACK FORWARD? THANK YOU MA'AM.
ALRIGHT, SO, UM, IT, IT LOOKS LIKE THE, THE ONE ITEM, UM, THAT THAT IS, IS THAT REAR SETBACK, UH, IS THERE A REDUCTION THAT YOU WOULD LIKE TO, UM, OFFER? YEAH, WELL, WE'RE WILLING TO REDO THE PLANS TO MEET TO THE MINIMUM SETBACK IF THAT WAS AN OPTION WE HAD FROM THE PROCESS THAT I WAS TOLD IS TO GET OUR PLANS AND SPECS IN ORDER TO MOVE FORWARD TO BRING THIS IN FRONT OF YOU GUYS.
BUT IF THAT'S A REQUIREMENT AND THAT'S SOMETHING THAT WOULD OBVIOUSLY GET US TO PASS, THEN WE'D BE MORE THAN WILLING TO REDUCE THE STRUCTURE SIZE AND GO, GO DOWN.
I MEAN, WE WERE DOING THE CALCULATIONS, IT'D PROBABLY BE ABOUT 120 SQUARE FEET LESS ON THE HOME, WHICH IS PERFECTLY IN LINE WITH THE REMAINING OF THE HOMES THAT ARE ALONG THE, THE STREET.
I I'M FINE, I'M FINE WITH SOME KIND OF A SETBACK YOU HAVE PROPOSED.
SO ANY, ANYTHING THAT WE'RE ABLE TO DO, LIKE I SAID, WE WERE EVEN TALKING ABOUT DOING FIRE RATED, UH, SHEET ROCK AND FIRE RATED HARDBOARD ON THE OUTSIDE.
[02:20:01]
THAT WOULD BE STUFF THAT WOULD OBVIOUSLY HELP WITH THE FIRE CONCERN AND EVERYTHING OF WHAT'S GOING ON.'CAUSE YOU, YOU'RE NOT ASKING FOR A SIDE SETBACK VARIANCE.
AND THAT'S WHAT, THAT'S SOMETHING THAT'S REALLY IMPORTANT TO ME BECAUSE YOU'RE ABUTTING THE ALLEY.
UM, WELL, WE'LL SEE HOW THIS, UH, WE'LL SEE WHAT, HOW THE VOTE GOES.
BUT IS THERE, IS THERE ANYTHING ELSE YOU'D LIKE TO STATE BEFORE WE MOVE FORWARD? NO, I THINK I GOT PAST MY NERVOUSNESS THE MORE YOU GUYS STARTED TO TALK, SO IT WAS A LITTLE BIT BETTER, BUT NO, NO, SIR.
ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT, I'M LOOKING FOR SOMEONE TO OFFER A MOTION BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 0 0 0 8 5.
I MOVE THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE, A VARIANCE FROM THE LOT LAYOUT STANDARDS TO ALLOW FOR PRIMARY ACCESS AND FRONTAGE OF A SINGLE FAMILY RESIDENTIAL LOT ON AN ALLEY.
TWO, A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW 16 FOOT REAR SETBACK.
THREE AND 1900 SQUARE FOOT VARIANCE FROM THE MINIMUM REQUIRED 4,000 SQUARE FOOT.
LOT SIZE REQUIREMENT TO ALLOW FOR 2100 SQUARE FOOT LOT AND FOUR A NINE FOOT VARIANCE FROM THE REQUIRED 35 FOOT LOT WIDTH MINIMUM TO ALLOW FOR A 26 FOOT LOT WIDTH, SITUATED AT THREE 10 DEL VALIER ALLEY.
APPLICANT BEING HOMES WITH EMILY LLC BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED VARIANCES WILL ALLOW FOR DEVELOPMENT OF A RESIDENTIAL LOT CONSISTENT WITH THE SURROUNDING AREA WHERE SIMILARLY SIZED AND CONFIGURED, LOTS HAVE ALREADY BEEN DEVELOPED AND WILL NOT ADVERSELY, UH, AFFECT PUBLIC HEALTH, SAFETY OR WELFARE.
TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO THE LIMITED SIZE AND WIDTH OF THE LOT AS WELL AS ITS ALLEY FRONTAGE CONFIGURATION.
STRICT ENFORCEMENT OF THE DEVELOPMENT STANDARDS WOULD PREVENT REASONABLE RESIDENTIAL DEVELOPMENT OF THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCES WILL PERMIT REASONABLE RESIDENTIAL USE OF THE PROPERTY WHILE MAINTAINING THE OVERALL RESIDENTIAL CHARACTER OF THE AREA AND ALLOWING DEVELOPMENT CONSISTENT WITH NEARBY LOT PATTERNS.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMITY PROPERTY OR ALTERED THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PROPOSED DEVELOPMENT IS RESIDENTIAL IN NATURE AND COMPATIBLE WITH SURROUNDING PROPERTIES, INCLUDING OTHER SIMILARLY DEVELOPED LOTS IN THE VICINITY AND IS NOT EXPECTED TO NEGATIVELY IMPACT ADJACENT CONFORMITY PROPERTIES OR ALTERED THE CHARACTER OF THE NEIGHBORHOOD.
THE PLIGHT OF THE OWNER OF WHICH THE VARIANCE IS SOUGHT IS DUTY.
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 OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE HARDSHIP IS ATTRIBUTABLE TO THE UNIQUE DIMENSIONS AND ALLEY ACCESS CONFIGURATION OF THE LOT, WHICH LIMIT THE ABILITY TO DEVELOP THE PROPERTY AND COMPLIANCE WITH CURRENT STANDARDS.
AND THESE CONDITIONS WERE NOT CREATED BY THE CURRENT OWNER, NOR ARE THEY SOLELY FINANCIAL IN NATURE AND OF MOTION.
UM, YEAH, I, YOU KNOW, THIS IS A VERY ODD SMALL SHAPE LOT.
UM, AND I AGREE, UH, WITH THE, UH, NEIGHBOR THAT POINTED OUT THAT IT'S BEEN EMPTY FOR QUITE A WHILE.
IT'S GOT RODENTS, IT'S GOT, IT ATTRACTS BUGS AND EVERYTHING ELSE.
UM, ALSO IT HAS VERY LITTLE, UH, TAXABLE VALUE.
SO ADDING A STRUCTURE ON THE PROPERTY WOULD MAKE IT, UH, SOMETHING USABLE.
AND WE'RE ALSO IN A HOUSING SHORTAGE, AND I DON'T THINK THAT THIS IS GONNA BE AN OVERLY EXPENSIVE HOUSE ONCE IT'S BUILT.
JUST DUE TO THE NEIGHBORHOOD AND ALSO THE SIZE OF THE PROPERTY.
SO THAT WOULD, UM, UH, CREATE SOME MORE, UH, WORKFORCE HOUSING, UH, FOR THE NEIGHBORHOOD.
COMMISSIONER ZUNA? YEAH, I'LL BE IN SUPPORT FOR THE SAME, UH, FOR REASONS AS MY COLLEAGUE, YOU KNOW, AFFORDABLE HOUSING, SOMETHING THAT'S IMPORTANT TO THE CITY.
UH, AND SO THIS, I THINK ADDRESSES THAT ISSUE AND CLEARS A NUISANCE PROPERTY REALLY, AND GETS IT UNTIL THE TAX ROLL IS SO HIGH SUPPORT.
ANYONE ELSE LIKE TO ADD HEARING NOW? LET'S HAVE A ROLL CALL.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER STEVEN? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
[02:25:02]
YES, I CONCUR.COMMISSIONER EZ? YES, I CONCUR.
I CONCUR CHAIR AND I CONCUR WITH THE FINDINGS OF FACT.
ON THE NEXT STAGE OF WHAT YOU SAID, DO I GET WITH, OH, OKAY.
GET WITHIN THE THANK YOU GUYS.
GOOD AFTERNOON, MARCO RAVE, PRINCIPAL PLANNER.
NEXT ITEM IS, UM, LOCATED AT 38 23 SOUTH MITMAN STREET, UM, REQUESTING FOR A ONE FOOT SIX INCH SIDE SETBACK AND A FIVE FOOT THREE INCH REAR SETBACK.
UH, SUBJECT PROPERTY LOCATED, UH, SOUTHEAST WITH INTERSECTION IN SOUTH VERS AND GOLIAD.
UH, 16 FOOT WIDE ALLEY SEPARATES THE SUBJECT PROPERTY FROM THE LOT ZONE C TWO OCCUPIED BY STRIP MALL.
THE REDUCED REAR SETBACK WITH THE ALLEY ALLOWED FOR A 12 FOOT REAR SETBACK, WHICH WOULD STILL REQUIRE A VARIANCE BY JANUARY, 2025.
ARROW IMAGES INDICATE THE SUBSTANTIAL, UH, A SUBSTANTIAL ADDITION WAS COMPLETED ON THE EXISTING HOME, WHICH INCREASED THE FOOTPRINT OF THE HOUSE IN THE CURRENT STATE, INCLUDING ENCROACHMENTS INTO THE MINIMUM, UM, REQUIRED WEST SIDE AND REAR SETBACK.
DSD INVESTIGATED, UH, STAFF INDICATED AN INVESTIGATION OF PROPERTY IN 2025 AND FOUND THE WORK, UM, HAS EXCEEDED THE SCOPE OF THE ISSUES, UH, ISSUED PERMITS.
THE NUMBER ONE INDICATES THE SIDE AND TWO INDICATES THE REAR PROPERTY LINE, THE FRONT OF THE HOME, THE SIDE, THE SURROUNDING AREA.
STAFF RECOMMENDATION, UH, STAFF RECOMMEND IT NOT FOR THE SIDE SETBACK.
THE VARIANCE WOULD BE CONTRARY TO THE PUBLIC INTEREST THAT IT PROPOSED A ONE FOOT CIENT SEPARATION FROM A ROUGHLY 70 FOOT STRETCH OF THE SHARE PROPERTY LINE, WHICH WOULD INTRODUCE A SIGNIFICANT RISK OF WATER DAMAGE TO ADJACENT PROPERTY.
AND THE REDUCED SETBACK WOULD CAUSE A PERCEIVED LACK OF PRIVACY, VISIBILITY, AND NATURAL LIFE FOR THE ADJACENT PROPERTY.
ALONG WITH THIS, THIS STRETCH OF THE SHARED PROPERTY LINE STAFF RECOMMENDS APPROVAL FOR THE REAR SETBACK, UH, WITHOUT CONSIDERATE, UH, CONSIDERATION OF ANOTHER SINGLE FAMILY HOME OF THE, IN THE REAR OF THE PROPERTY TO REQUEST FOR REDUCED REAR SETBACK.
DOES NOT POSE SIGNIFICANT RISK TO FIRE SPREAD DAMAGE OR WATER RUNOFF OR OVERCROWDING OF STRUCTURES.
THE REAR FACADE OF THE HOME WILL BE SEPARATED BY ADJACENT PROPERTY BY 16 FOOT WIDE.
UNPAVED ALLEY 20 NOTICES WERE MAILED OUT, NONE RECEIVED OR VOICEMAILS RECEIVED IN FAVOR OF AN OPPOSITION.
AND A HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
INCLUDES STAFF'S, UH, PRESENTATION AND THE APPLICANT IS PRESENT.
ALL RIGHT, THANK YOU VERY MUCH.
UH, LET'S HAVE THE APPLICANT COME FORWARD.
MR. GOMEZ, I'M REPRESENTING, UH, THE OWNER OF, UH, PROPERTY.
HE, TO MOVE THE, UH, THERE YOU GO.
I'M REPRESENTING MR. JUAN NERO, THE OWNER IN ORLANDO.
HE WAS THE DESIGNER, UH, WITH THE PERMITS AFTER THE STRIKE.
UH, UH, WE SUBMIT ALL THE, UH, SET PLANS, UH, SHOWING THE HOUR RATING WALLS.
AND ACTUALLY IT'S BEYOND THE ONE HOUR RATED, UH, WALLS ON, ON, ON THE NEIGHBOR SIDE'S, UH, PROPERTY, PROPERTY LINE, UH, ON THE BACK PART, UH, OF THE PROPERTY.
THERE'S NO RESIDENTIAL AND IT HAS 16 FEET, UH, OF THE, OF THE ALLEY.
UH, MR. UH, CISNEROS, THE OWNER, HE STARTED, UH, WITH A REMODELING, UH, PERMIT AT THE BEGINNING.
AND HE JUST CONTINUED WITH THE, WITH THE, UH, LINE IN THE, THE CONSTRUCTION, UH, UH, GUIDELINES THEY HAD ON, ON THE PREVIOUS, ON THE ORIGINAL HOUSE.
UH, AFTER, UH, HE STARTED THE, THE, UH, THE REMODELING, HE FIND OUT THE, ALL THE STRUCTURE, IT WAS DAMAGED.
SO HE STARTED DOING NEW, THE NEW WALLS AND NEW STUFF.
AND IS WHEN THE, UH, STRIKING CAME, UH, HE PASSED ALL THE INSPECTIONS, UH, THE MECHANICAL, ELECTRICAL, PLUMBING, AND EXCEPT THE, THIS PART ON, ON THE BUILDING ON THE WALL, SO.
UH, WELL, SO IT, THIS THING SAYS THAT THERE WAS PERMITS ISSUED, BUT YOU HAD MENTIONED THERE WERE REMODELING PERMITS.
[02:30:01]
WAS THERE A PERMIT TO PREVIOUS DO AN ADDITION? YES.PREVIOUS, UH, BEFORE THE STRIKE TEAM, UH, GET INVOLVED, IT WAS A REMODELING, UH, PERMIT? YES.
SO THERE WAS NEVER A PERMIT ISSUED FOR ANY EXPANSION OF THE IT WAS JUST FOR A REMODEL? YES.
UH, AT THE BEGINNING IT WAS GEORGIA MOLLY, AND THEN, UH, WHEN HE FOUND OUT, UH, THE STRUCTURE WAS PRETTY MUCH, UH, BAD, UH, CONDITION.
HE START DOING THE NEW, THE NEW WALLS AND ALL THAT.
ANY QUESTIONS FROM THE COMMISSION? MANNA COMMISSIONER MENA IN 2022, UM, ON GOOGLE STREET SHOWS, AN ORIGINAL, A BACK STRUCTURE THAT WAS THERE AND, UM, DID THE NEW STRUCTURE FOLLOW THAT EXISTING LINE FROM THE OLD STRUCTURE AND JUST EXTENDED IT, UM, TO MAKE IT LONGER.
SO IT'S, SO IT'S SET ON THE SAME DISTANCE FROM THE ORIGINAL CONSTRUCTION OF THAT ONE STRUCTURE? 'CAUSE IT, THAT STRUCTURE'S BEEN THERE FOR SEVERAL, SEVERAL YEARS.
AND, UH, THAT PROPERTY WAS BOUGHT BY, BY MR. CISNEROS, 2023.
YEAH, THAT PROPERTY WAS BOUGHT IN 2023 BY HIM, BY THE OWNER.
AND HE JUST, AND I SHOW, I SEE THAT OTHER STRUCTURE WITH, AT LEAST IN 2007 IT EXISTED AS FAR AS THAT SMALLER STRUCTURE.
AND SO WAS THAT THE SMALLER STRUCTURE, THE ONE THAT YOU GOT THE PERMIT FOR, FOR THE, FOR THE, THE, FOR THE ORIGINAL CONSTRUCTION AND THEN JUST EXTENDED FROM THERE? IS THAT CORRECT.
ANY OTHER QUESTIONS? AND JUST TO MENTION NOW WITH, UH, WE SUBMIT ALL THE, ALL THE PLANTS WITH THE, UH, HOUR RATED, UM, UH, WALLS.
AND ACTUALLY ONE MORE TIME, THE WALL IS GONNA BE, WELL MORE THAN ONE HOUR RATED 'CAUSE IT'S GONNA BE, UH, UH, WALL INSULA.
UH, ON THE WALL INSULATION IS GONNA BE FIRE, UH, ROCK WOOL INSULATION, WHICH IS, UH, FIRE RATED AND PLUS THE SHEET ROCK PLUS THE, THE FIVE EIGHT SHEET ROCK, UH, FIVE EIGHT SHEET ROCK.
AND THE OUTSIDE IS, UH, UH, CEMENT, UH, SIDING.
AND, UH, DID YOU GET A CHANCE TO SPEAK WITH THE NEIGHBOR, THE ONE IMMEDIATELY NEXT TO YOU? YES.
UH, AND YEAH, STATE YOUR NAME AND, AND TELL US ABOUT YOUR CONVERSATION WITH THE NEIGHBOR.
SHE DON'T HAVE NO PROBLEM WITH THE NEIGHBOR.
DID STAFF RECEIVE ANY DOCUMENTATION FROM ANYONE? WE DID NOT.
YEAH, WE HAVE TO HAVE SOMETHING IN WRITING, UH, OR SOME SORT OF TESTIMONY TO, TO HAVE THAT BE TIED TO THE, THE REQUEST, SO.
ANY OTHER QUESTIONS? GO MR. MANNA.
AND SO BEHIND THIS PROPERTY, IS THAT, IS THAT CONSIDERED LIKE AN ALLEY OR, BECAUSE IT LOOKS LIKE IT'S PART OF THE, PART OF THE BACKYARD OF THAT OTHER CONSTRUCTION OR THE, UM, WHATEVER THAT BUSINESS IS.
AND SO IS THERE ANY LEEWAY GIVEN THERE'S A, YEAH, THERE IS AN ACTUAL ALLEY BACK THERE.
UM, WHICH WOULD BY RIGHT REDUCE THEIR REAR SETBACK.
IT JUST DOESN'T REDUCE IT ENOUGH.
I'M SORRY, REPEAT WHAT? YOU SAID? IT WOULD REDUCE THE REAR SETBACK.
IT JUST WOULDN'T REDUCE IT TO THE AMOUNT THAT THEY'RE REQUESTING.
SO, SO AS IT'S RIDDEN, SO, SO IT'S UM, THE 20 FOOT, SO IT'S STILL, I GUESS FIVE FOOT, THREE INCH FROM THE REAR? OR IS IT, OR IS THAT GIVEN SOME LEEWAY BECAUSE IT'S ON THE ALLEY? UH, WE DID NOT, UM, REDUCE THE ALLEY ALLOWANCE ON THIS REQUEST.
SO TECHNICALLY THEY CAN BE REDUCED, UM, I BELIEVE ANOTHER SIX FEET, UM, OR EIGHT FEET, BUT THEY WOULD STILL NEED THE VARIANCE.
HOW WIDE IS THE ALLEY? I'M SORRY? HOW WIDE IS THE ALLEY? I BELIEVE IT'S 16 FEET.
SO HE GETS EIGHT, WHICH WOULD REDUCE IT BY EIGHT FEET.
HE GETS EIGHT, SO HE ONLY NEEDS TO PROVIDE 12.
ANY OTHER QUESTIONS? I'M LOOKING FOR A MOTION THEN.
DOES ANYONE SEND, OH, ANYONE SEND TO SPEAK? WOULD THEY HAVE, UH, ABEL RAMIREZ? YES.
PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS.
[02:35:01]
AND, UH, I JUST HAD A QUESTION ABOUT THIS PARTICULAR PROPERTY BECAUSE THE ORIGINAL STRUCTURE THAT WAS THERE WAS A LOT SMALLER THAN WHAT IT IS NOW.AND THE QUESTION THAT I HAVE, IT, IT, YOU SHOWED SOME OF THE PICTURES THERE, BUT THERE'S A MEAT MARKET ACROSS THE ALLEY FROM THAT PROPERTY.
IT, IT'S A C TWO AREA AND THERE'S A RIGHT THERE ACROSS THAT ALLEY IS A, UH, MEAT MARKET.
AND TRACTOR TRAILER RIGS ARE COMING AND PARKING AND THEY, THE TRAILERS THEMSELVES ARE PARKED SIDE BY SIDE.
SO YOU HAVE THREE OR FOUR TRAILERS SITTING BACK THERE, LARGE TRAILERS.
AND SINCE IT'S A MEAT MARKET, I'M ASSUMING THEY HAVE MEAT INSIDE.
SO THEY'VE GOT THESE COMPRESSORS GOING ALL THE TIME.
THE QUESTION THAT I HAVE IS, I WANT TO KNOW WHAT THE RELATIONSHIP BETWEEN THE MEAT MARKET AND HIS PROPERTY IS, BECAUSE I SEE THAT THEY PARK THEIR DELIVERY TRUCKS INTO THAT PROPERTY NEXT DOOR TO THAT GARAGE THAT'S THERE.
AND ALSO IN THE FRONT OF THE PROPERTY, THEY HAVE ALL THEIR DELIVERY TRUCKS PARKED EVEN UP ON THE YARD IN THE EVENING AND ON THE WEEKEND.
SO I'M ASSUMING THAT IT'S, I'M, I'M THINKING THAT MAYBE THEY'RE USING THAT GARAGE AS A STORAGE AREA OR A, OR A FREEZER AREA FOR, FOR THEIR MEAT.
AND I JUST DON'T KNOW IF HE OWNS ANY PART OF THAT MEEK MARKET OR IF HIS EMPLOYEES ARE LIVING ON THAT PROPERTY OR WHAT IT IS BECAUSE I SEE 'EM WALKING BACK AND FORTH BETWEEN THE MEEK MARKET AND THAT RESIDENCE THERE.
AND WELL, AND I'M ALSO CONCERNED BECAUSE THERE'S A LOT OF, IN, IN THAT LITTLE NEIGHBORHOOD, AND I LIVE IN THE NEIGHBORHOOD, IT SEEMS LIKE THERE'S BEEN A LOT OF ADDITIONS TO GARAGES AND PROPERTIES THAT THERE IS NO PERMITS.
AND I, I, YOU KNOW, AT, AT SOME POINT THIS IS GONNA HAVE TO STOP BECAUSE IT'S KIND OF LIKE A JOKE NOW THAT PEOPLE JUST BUILD THINGS AND THEN BY THE TIME THE NEIGHBORHOOD KNOWS ABOUT IT AND CALLS IT IN, WELL THE STRUCTURE'S ALREADY BUILT AND YEAH, AND IT'S A, IT'S A PROBLEM AND I JUST SEE A LOT OF, I, I DON'T LIKE TO SEE DELIVERY TRUCKS PARKED UP ON THE PEOPLE'S FRONT YARD AND THINGS LIKE THAT.
AND THE, THE WAY THAT SETBACK IS ON THAT, THAT GARAGE, THE NEIGHBOR ON THE WEST SIDE OF THAT, THEY HAVE A DRIVEWAY AND THEY PARK THEIR TRUCK UP IN THAT DRIVEWAY WHEN THEY BACK UP INTO THAT ALLEY SOMETIMES ALL THOSE TRUCKS AND TRAILERS ARE BACK THERE AND THEY HAVE A HARD TIME MANEUVERING TO GET OUT.
NOT ONLY THAT, BUT YOU CAN'T, IT'S KIND OF LIKE A LITTLE SHORTCUT BETWEEN GEVERS AND GOLIAD THERE, AND THERE'S A CONVENIENCE STORE THERE, SO YOU CAN'T EVEN SEE IF CARS ARE COMING WHEN YOU START TO BACK UP BECAUSE THERE'S NO SPACE THERE FOR THEM TO BE ABLE TO SEE.
AND ALSO IF THERE'S SO MANY STRUCTURES ON THAT PARTICULAR PIECE OF PROPERTY, THERE'S SO MANY STRUCTURES THERE.
IF THERE'S A FIRE, I'M AFRAID THE WHOLE STREET IS GONNA BE BURNED THERE.
WELL, THAT AS A, AS A PUBLIC RIGHTAWAY ALLEY, NO ONE SHOULD BE PARKING
WELL, IT'S NOT, THEY'RE NOT REALLY PARKED.
SOMETIMES THEY'RE PARKED, THEY PULL UP AND PARK THERE IN THE ALLEY, BUT MOST OF THE TIME THEY'RE BACKED UP AGAINST THE MEAT MARKET AREA.
BUT THERE'S JUST SO MUCH TRASH ALSO THAT'S BUILT UP BECAUSE THE DUMPSTERS ARE BACKED THERE, BUT THE DUMPSTERS WON'T ALLOW FOR THEM TO TAKE PALLETS AND THINGS.
SO THERE'S A BUNCH OF PALLETS PILED UP BEHIND THAT PIECE OF PROPERTY ALSO.
SO IT, IT'S A, IT'S A PROBLEM AND OKAY, IT'S FUNNY THAT Y'ALL SAID THERE WAS NO OPPOSITION BECAUSE I TURNED IN A SLIP, BUT I CANVASED THE NEIGHBORHOOD THERE.
AND THE PROBLEM WAS THAT THEY JUST GOT THEIR NOTICES LAST THURSDAY THAT THERE WAS GOING TO BE A HEARING HERE.
SO, AND SOME OF THE RESIDENTS THAT I TALKED TO, THEY DON'T REALLY WANT TO GET INVOLVED BECAUSE THEY'RE NOT THE PROPERTY OWNER, THEY'RE JUST RENTING THE PROPERTY.
IS THERE ANY QUESTIONS FOR THE SPEAKER? ALL RIGHT, THANK YOU VERY MUCH.
I HAVE THE APPLICANT COME BACK, BUT I WILL FOLLOW UP.
SO ON ONE OF THE DIALECTS, SO IF YOU BRING UP GOOGLE MAP HERE, SO THEN WE'LL HAVE THE APPLICANT TALK ABOUT IT A LITTLE BIT, YOU KNOW, UM, AND SO
[02:40:01]
IF YOU BRING UP, UH, GOOGLE STREET AND LOOK AT THAT ALLEYWAY, UM, IT'S, YOU KNOW, UM, IF YOU DROP DOWN ONTO IT.SO, UH, SO STREET VIEW, AND THEN IF I GO BACK TO, SO JANUARY, 2022.
SO IF YOU GO, YEAH, SO IT SHOWS PRETTY OPEN THERE.
UM, SO THERE IS A, THERE IS A VEHICLE THAT LOOKS LIKE IT'S A WORK VEHICLE, THEN IT'S ANOTHER WORK VEHICLE.
SO THE, SO WOULD THOSE BE PERMITTED BY RIGHT.
TO BE PARKED ON IN AN ALLEYWAY? UM, SO I KNOW THE CITY HAS RULES ABOUT TEMPORARY, UM, PARKING, UM, BUT THAT'S ON PROPERTY.
I DON'T, YEAH, IF YOU, IF YOU SPIN AROUND, SO SPIN AROUND.
SO YOU'RE LOOKING DOWN THE OTHER SIDE OF, THE OTHER WAY OF THE STREET, OTHER WAY 180.
SO, AND THERE'S ALSO A FRONT END OR A, UH, GRADER THERE.
SO IT SEEMS LIKE A LOT OF EQUIPMENT NOW IF YOU, UM, ZOOM BACK OUT ONTO THE STREET AND SO DROP OUT, SO GO OUT TO THE STREET, THE, UH, SO UH, WALK OUT TO THE STREET AGAIN.
SO, UH, STREET VIEW, LOOKING DOWN THE ALLEYWAY.
OKAY, NOW WALK DOWN A LITTLE BIT BEFORE YOU GET INTO IT.
THERE'S THE CARS PARKED IN THERE.
SO NOW WE TAKE A LOOK AND IT'S A HUGE AMOUNT OF VEHICLES PARKED THERE AND SO ARE THEY PERMITTED TO BE THERE? YOU KNOW, SO IT LOOKS, YOU KNOW, I, UM, I'M NOT SURE WHEN THIS BUILDING WAS BUILT.
THEY OBVIOUSLY DO NEED A BUFFER, UM, BUT ABSENT A BUFFER, THEY ARE PERMITTED TO, UH, PARK OVER THERE.
WHERE THE, WHAT'S ALLEY AND WHAT ISN'T.
RIGHT? THAT'S WHERE I WAS GOING IS WHAT PART'S ALLEY.
AND SO IF WE'RE GETTING CREDIT, IF WE'RE GIVING 'EM SOME CREDIT FOR BEING IN AN ALLEY AND THEY'RE USING, THEY'RE CONSUMED THE WHOLE THING AS THEIR BACK LOT, THEN THERE REALLY ISN'T, YOU KNOW, NECESSARILY.
AND I CAN SEE THIS WOULD BE THE SAME THING AS PARKING LITERALLY ON THE STREET THAT YOU'RE NOT SUPPOSED TO BE PARKED IN.
UM, YEAH, THEY JUST, THIS, THIS WOULD BE A RIGHT OF WAY ISSUE BECAUSE IF YOU WENT TO OVERHEAD VIEW, THERE'S LIKE SIX SEMIS THERE, UH, TRACTOR TRAILERS PARKED BEHIND HIS OR YEAH, I GUESS IT WAS A DIFFERENT VIEW, BUT YEAH, I CAME AND GOT CLOSE ENOUGH WHERE I COULD SEE LIKE, LIKE SIX VEHICLES THAT PARKED THERE.
WELL, IF YOU DIDN'T HAVE A MAP, YOU, IT SURE LOOKS LIKE THE GUY'S DRIVEWAY TO THE MEAT PACKING PLACE.
AND I GONNA SAY THE, UH, BEXAR COUNTY RECORDS IS GONNA SHOW OWNERSHIP OF THE RESIDENCE IS THE SAME AS THE COMMERCIAL PROPERTY.
ALRIGHT, IS THERE ANY OTHER QUESTIONS? I'M LOOKING FOR SOME TO MAKE A MOTION AND WE WILL SEE HOW THIS TURNS OUT.
UM, OKAY, REGARDING CASE NUMBER BO OH EIGHT DASH 26 DASH OH 3 0 8 6, I MOVE THAT THE BOARD OF ADDITIONAL GREATER VARIANCE FOR A ONE A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW FOR A ONE FOOT SIX INCH SIDE SETBACK AND TWO, A 14 FOOT NINE INCH VARIANCE FROM THE REQUIRED MINIMUM 20 FOOT REAR SETBACK TO ALLOW FOR A FIVE FOOT THREE INCH REAR SETBACK.
SITUATED AT 38 23 SOUTH MITTMAN STREET, APPLICANT BEING ORLANDO PIDO NERA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CARE TO THIS PROPERTY, SUCH AS A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP ALLY.
YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST REGARDING THE SIDE SETBACK.
THE REQUIRED SIDE SETBACK VARIANCE WOULD ALLOW FOR IMPROVEMENTS THAT REMAIN COMPATIBLE WITH SURROUNDING RESIDENTIAL DEVELOPMENT PATTERN WILL NOT ADVERSELY AFFECT PUBLIC HEALTH, SAFETY OR WELFARE.
REGARDING THE REAR SETBACK, THE ALLEYWAY IS UNPAVED IN THE NEAREST COMMERCIAL BUILDINGS, ROUGHLY 70 FEET FROM THE SUBJECT PROPERTY PROPERTY'S REAR PROPERTY LINE.
WITHOUT CONSIDERATION OF ANOTHER SINGLE FAMILY HOME TO THE REAR OF THIS PROPERTY, THE REQUEST WILL NOT ADVERSELY AFFECT, UH, PUBLIC HEALTH SAFETY OR WELFARE.
TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE RESULTED IN UNNECESSARY HARDSHIP REGARDING THE SIDE SETBACK.
BECAUSE THE ORIGINAL PRINCIPLE STRUCTURE WAS DEVELOPED WITH A REDUCED SIDE SETBACK, STRICT AND APPLICATION OF THE CURRENT SETBACK REQUIREMENT WOULD CREATE LIMITATIONS ON REASONABLE IMPROVEMENTS AND USE OF THE PROPERTY.
REGARDING THE REAR SETBACK, THE SET STRUCTURE HAS ALREADY BEEN EXPANDED TO ENCROACH INTO THE MINIMUM RARE SETBACK AND EFFORTS TO ABATE THIS ENCROACHMENT WOULD NOT YIELD BENEFITS FOR THE COMMUNITY THAT ARE PROPORTIONAL TO THE HARDSHIPS OF UNDERTAKING SUCH ABATEMENT EFFORTS.
THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE REGARDING THE SIDE SETBACK.
GRANTING THE VARIANCE WILL ACCOMMODATE THE EXISTING DEVELOPMENT PATTERN OF THE, OF THE PROPERTY WHILE PRESERVING THE RESIDENTIAL CHARACTER AND INTENT OF THE ZONING ORDINANCE.
REGARDING THE REAR SETBACK REGARDING THIS VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE THAT THE PROPERTY IS NOT.
UH, BUT A SIMILAR USE TO THE REAR AND NEAREST COMMERCIAL BUILDING IS OVER 70 FEET FROM THE SUBJECT PROPERTY'S REAR LINE FOUR.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
[02:45:01]
WITHIN THE DISTRICT WILL BE ALLOWED WITH ITS VARIANCE.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'S LOCATED.
REGARDING THE SIDE EFFECT, THE ADJACENT PROPERTIES DEVELOPED APPROXIMATELY 15 FEET FROM THE SHARED PROPERTY LINE, PROVIDING ADEQUATE SEPARATION BETWEEN STRUCTURES AND THE VARIANCE IS NOT EXPECTED TO NEGATIVELY IMPACT NEIGHBORING PROPERTIES ARE ALTER THE ESSENTIAL CHARACTER OF THE AREA REGARDING THE REAR SETBACK.
THE VARIANCE DOES NOT SUBSTANTIALLY INJURE THE, WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS A REAR FACADE OF THE HOME WOULD FACE A SIDE FACADE OF THE ABUTTING COMMERCIAL DEVELOPMENT.
THE PTO, THE OWNER OF THE PROPERTY.
FIRST, THE VARIANCE FACADE IS DUE, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT REALLY FINANCIALS NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
REGARDING THE SITE SETBACK, THE HARDSHIP IS ATTRIBUTABLE TO THE PREEXISTING PLACEMENT OF THE ORIGINAL PRINCIPAL STRUCTURE WITH A REDUCED SITE SETBACK, A CONDITION NOT CREATED BY THE CURRENT OWNER AND UNIQUE TO THE PROPERTY RATHER THAN A GENERAL CONDITION AFFECTING THE DISTRICT.
REGARDING THE REAR SETBACK, THE PLIGHT OF THE OWNER OF THE PROPERTY IS DUE TO THE UNIQUE CIRCUMSTANCES OF THE HOME ABUTTING AN ESTABLISHED COMMERCIAL, A ELEMENT TOWARDS THE REAR OF THIS PROPERTY, UH, END OF MOTION AND I WOULD LIKE TO AMEND, UH, THE, UH, ITEM TWO REGARDING THE REAR SETBACK TO ACCOUNT FOR THE ALLEY, WHICH IS EIGHT FEET.
AND THAT WOULD RESULT IN A SIX FOOT NINE VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A 13 FOOT THREE INCH REAR SETBACK ASIDE FROM THE CREDIT FROM THE ALLEY.
SO, YOU KNOW, THE, THE REAR SETBACK, UM, DOESN'T, DOESN'T, UH, BOTHER ME.
I KIND OF AGREE WITH STAFF BECAUSE THERE IS AN ALLEY THERE.
I THINK THE, THE, ALL THE VEHICLES THAT ARE THERE JUST A MORE OF A COMPLIANCE ISSUE.
UM, THE CITY JUST NEEDS TO BE NOTIFIED THAT THERE ISN'T BACK AN ALLEY.
THEY NEED TO NOT PERMANENTLY PARK CONSTRUCTION TYPE VEHICLES OR LARGE TRUCKS THERE.
UH, THE SIDE SETBACK, HOWEVER, I'M KIND OF ON THE FENCE OF, I DON'T LIKE GOING BELOW THREE FEET, ESPECIALLY FOR AN EXPANSION OF THIS SIZE.
UM, EVEN THOUGH THE ABUTTING NEIGHBOR THERE IS SOME GOOD CLEARANCE TO THEIR NEXT PROPERTY.
SO I'M LOOKING FOR A FELLOW COMMISSIONER TO, TO CHIME IN AND MAYBE OFFER AN AMENDMENT OR, OR NOT COMMISSIONER EZ.
YEAH, I, I'D OFFER A FRIENDLY AMENDMENT TO DO THE SIDE SETBACK TO AT LEAST A MINIMUM OF THREE FEET.
ALRIGHT, SO, SO COMMISSIONER BENICE, WHAT ARE YOUR THOUGHTS? YEAH, SO I, I'LL BE IN FAVOR OF IT.
I WAS, I'M NOT REALLY OPPOSED TO ANYTHING OTHER THAN THAT SIDE SETBACK.
I THINK WE'VE DONE THREE FOOT MINIMUMS BEFORE AND I THINK THAT, UH, THAT I, I, I COULD BE ON BOARD WITH IT, IT BEING AT THREE FEET.
ANYONE ELSE LIKE TO ADD MANNA? COMMISSIONER MANNA? SO JUST A QUESTION IN GENERAL FOR, YOU KNOW, WHEN YOU LAY, WHEN SOMEONE LAYS A SLAB DOWN, UM, YOU KNOW, DOES ENGINEERING HAS TO HAVE TO COME IN TO REVIEW A SLAB ITSELF WITH FOOTING AND THINGS LIKE THAT? AND IF IT'S DONE WITHOUT A PERMIT, DOES ANY FOLLOW UP WORK HAPPEN WITH THAT? WELL, SO ON, ON A RESIDENTIAL HOME, THE CITY, UH, YOU KNOW, YOU, YOU, YOU TURN IN PLANS AND THEN THERE'S AN INSPECTION BY THE STRUCTURAL, THE GEOTECH.
UM, BUT IT'S NOT LIKE COMMERCIAL.
AND, AND PLEASE CORRECT ME IF I'M WRONG, BUT I, IT WAS MY UNDERSTANDING THAT THE CITY RELIES ON THE SPECIAL INSPECTIONS ON THESE SORT OF INSTANCES, UH, FOR SINGLE FAMILY HOMES.
IS THAT, AM I OFF BASE ON THAT? LICENSED PROFESSIONAL ENGINEER? YEAH.
SUBSTRUCTURE DONE THEIR, UH, PERMIT BEFORE THEY DO THAT INSPECTION FOR YOU.
THE, THE ENGINEER WILL DO A SUBSTRUCTURE OR SUPERSTRUCTURE FOR THE FRAMING AND, AND THEY HAVE TO CERTIFY THAT IT'S A COMPLIANCE WITH THE PLANS THAT WERE SUBMITTED.
UH, BUT YOU KNOW, THE, THE SCRUTINY ISN'T THE SAME AS IF IT WAS COMMERCIAL BECAUSE I, I KNOW I HAD A STRUCTURE DONE ONTO EXISTING SLAB AND THEY HAD TO COME OUT AND GET ENGINEERING AND, AND SCOPE IT AND, AND DO, DO X-RAYS OR WHATEVER AND, YOU KNOW, KIND OF SAY THAT YES, IT WOULD SUPPORT THE STRUCTURE.
SO, SO DO THEY GO BACK, YOU KNOW, 'CAUSE I, I WOULD HATE TO APPROVE SOMETHING AND THEN HAVE IT FALL OVER, YOU KNOW, OR, OR SINK IT TO THE GROUND SIMPLY BECAUSE OF, YOU KNOW, THOSE THAT WASN'T COMPLIED WITH, YOU KNOW, PREVIOUSLY.
YEAH, THEY'RE, YOU'RE, YOU'RE HOPING THAT THE ENGINEER IS, UH, ON TOP OF THAT
SO THAT WAS JUST A SIDE QUESTION.
UH, ANY ANYONE ELSE LIKE TO ADD, UH, UH, HEARING NOW? LET'S HAVE A ROLL CALL.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
[02:50:02]
I CONCUR.COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
ALRIGHT, THE MOTION IS AMENDED.
DO YOU HAVE ANY QUESTIONS TO GET WITH STAFF? THANK YOU.
AND WE HAVEN'T HEARD FROM ITEM THREE YET, RIGHT? WE HAVE NOT.
THEY'LL ASK YOUR PLANNER WITH THE BOARD OF ADJUSTMENT.
ITEM NUMBER 10 IS BO OA DASH 26 DASH 0 3 0 8 7.
THE APPLICANT BEING COGNITION CREATIVE LLC IN DISTRICT EIGHT AT 15 9 1 9 PURPLE SAGE ROAD.
UH, THE ZONING IS R SIX AND THIS IS A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM ALLOWABLE TWO AND A HALF STORY BUILDING HEIGHT TO ALLOW THE DEVELOPMENT OF A THREE STORY SINGLE FAMILY HOME.
THE SUBJECT PROPERTY IS GENERALLY LOCATED NORTHWEST OF THE INTERSECTION OF BABCOCK ROAD AND NORTH LOOP 1604 WEST ALONG PURPLE SAGE ROAD AND IS SURROUNDED BY PROPERTIES ZONED R SIX.
THE APPLICANT REPORTS THAT THE GRADE LEVEL OF THE PROJECT LOCATION IS APPROXIMATELY 14 FEET LOWER THAN THE GRADE LEVEL OF THE PROPERTY'S FRONTAGE ALONG PURPLE SAGE ROAD AND STAFF OBSERVED A MAJOR, UH, SIGNIFICANT OR SIGNIFICANT DROP IN ELEVATION ON THE PROPERTY.
UH, PER COUNTY RECORDS, THE SUBJECT PROPERTY IS APPROXIMATELY 35,750 SQUARE FEET AND THE MAJORITY OF THE PROPERTIES IN THE SURROUNDING AREA FAR EXCEED THE MINIMUM 6,000 SQUARE FEET REQUIRED FOR THE R SIX BASED ZONING DISTRICT.
THE PROPERTY IS CURRENTLY VACANT AND UNDEVELOPED AND THE APPLICANT PROPOSES TO CONSTRUCT A NEW THREE STORY SINGLE FAMILY HOME AT APPROXIMATELY 32 FEET IN OVERALL HEIGHT.
THE THIRD LEVEL OF THE HOME INCLUDES A SMALL OPEN AIR, EXCUSE ME, A SMALL OFFICE CONNECTING TO AN OPEN AIR TERRACE, UH, AS SHOWN ON THIS THIRD FLOOR, UH, DIAGRAM HERE, THE ONE ON THE BOTTOM.
UM, HERE'S SOME ELEVATION PLANS OF THE PROPOSED CONSTRUCTION AND AN AERIAL VIEW JUST KIND OF SHOWING THE WIDER AREA.
YOU CAN KIND OF SEE THIS IS A LITTLE BIT DARK HERE, BUT THAT BLUE OUTLINE IS THE SUBJECT PROPERTY WITH THAT RED PIN RIGHT IN THE MIDDLE THERE.
UH, THIS IS WHAT THE SUBJECT PROPERTY LOOKS LIKE FROM THE FRONTAGE.
UM, A LITTLE DIFFICULT TO TELL HERE, BUT YOU CAN KIND OF SEE YOU'RE LOOKING AT TREE TOPS AS YOU KIND OF LOOK OUT ACROSS THERE.
SO KIND OF CORROBORATING THAT SIGNIFICANT ELEVATION CHANGE THERE.
AND THIS IS LOOKING ACROSS, UH, PURPLE SAGE ONE WAY AND DOWN THE OTHER WAY OF THE SURROUNDING AREA.
UH, STAFF RECOMMENDATION FOR THE BUILDING HEIGHT VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING, FIND FINDINGS OF FACT ONE, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CONDITION OF SIGNIFICANT TOPOGRAPHICAL VARIABILITY ON THIS PROPERTY.
AND TWO, THE SITE'S TOPOGRAPHY AND DISTANCE FROM NEIGHBORING HOMES ARE SUCH THAT THE ALLOWANCE FOR A THIRD FLOOR WOULD NOT CONSTITUTE A CONSPICUOUS DEPARTURE FROM THE EXISTING CHARACTER OF THE NEIGHBORHOOD.
UH, STAFF MAILED OUT 18 NOTICES WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION, NO VOICEMAILS.
THE HILLS AND DALES NEIGHBORHOOD ASSOCIATION DID NOT RESPOND, NOR DID THE RIOT COMMONS COMMUNITY ORGANIZATION.
AND THIS CONCLUDES STAFF'S PRESENTATION.
IS THERE, DO YOU GET ON RESIDENTIAL, UM, HEIGHT INCREASES BY GOING FURTHER BEYOND SETBACKS LIKE YOU DO FOR COMMERCIALS? I DO NOT BELIEVE THAT APPLIES FOR RESIDENTIAL.
KELLY, CAN YOU CORRECT ME IF I'M WRONG? IT DOES NOT.
AND THEN, UH, THIS IS, THIS IS A, A WHOLE LOT, RIGHT? UM, LEMME LOOK AT THE LEGAL DESCRIPTION ON MYSELF.
THE LEGAL IS A CLEAN DESCRIPTION LOT EIGHT BLOCK 30.
YEAH, BECAUSE THIS IS IN HILLS AND DALES AND THAT'S, THIS WAS CREATED IN THE, IN 65, 19 65.
I'VE DONE SOME PROJECTS OUT THERE AND I KNOW IT WAS, IT ALL PREDATED CITY ANNEXATION.
SO THERE'S, THERE'S A LOT OF INTERESTING STRUCTURES IN THIS, IN THIS, UH, NEIGHBORHOOD.
SO FOR THOSE WHO AREN'T FAMILIAR, ALRIGHT, THANK YOU.
ANY QUESTIONS FOR STAFF BEFORE WE, UH, HAVE THE APPLICANT COME FORWARD? ALRIGHT, SAID THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US AB TELL US ABOUT YOUR PROJECT.
HOW YOU DOING? MY NAME IS VICTOR NOOSA.
I'M THE PROJECT DESIGNER FOR THIS NEW RESIDENTIAL CONSTRUCTION.
AND SO, I MEAN, PRETTY MUCH, UH, WE'RE REQUESTING THE VARIANCE BECAUSE, UH, WE'RE, MY CLIENTS WANT TO HAVE THE, THE PLEASURE OF HAVING A, A, A ROOFTOP VIEW.
UM, THEY, THAT WAY THEY CAN LOOK DOWN INTO THEIR PROPERTY.
UM, ONCE YOU GET ABOVE 10 FEET, YOU CAN TAKE ADVANTAGE OF THE PREVAILING, UH, WINDS THAT COME THROUGH DURING THE SPRING AND THE SUMMER THAT COME FROM THE SOUTHEAST.
SO ONCE YOU GET ABOVE 10 FEET, YOU CAN CERTAINLY EXPERIENCE THOSE, UM, BREEZES A LOT MORE.
IN ADDITION, UH, MOSQUITOES TEND TO STAY TO THE GROUND BECAUSE THAT'S WHERE THE FOOD SOURCE IS AT.
SO THEY WOULD RARELY GO, UH, ABOVE 25 FEET.
UH, OUR FINISHED FOUR LEVEL WOULD BE A 22 FEET WOULD PUT YOUR EYE LEVEL AT ABOUT 27 FEET.
[02:55:01]
UM, BUT I THINK THE BIGGER QUESTION IS WOULD WE PROVIDE ANY SORT OF A, AN INTRUSION TO ANY OF THE NEIGHBORS? AND MY ARGUMENT WOULD BE NO.UM, DO YOU HAVE A LAST THING? WE DO HAVE A, A WRITTEN LETTER OF, OF APPROVAL FROM THE, UH, FROM THE, UH, NEIGHBOR TO THE, UH, SOUTH.
THIS WAS THE TEXT MESSAGE THAT WE GOT FROM HIM, BUT JUST PRIOR TO, TO THIS MEETING WE DID TO GET HIS WRITTEN APPROVAL, MR. DAVID GIBSON.
AND, UM, IF HE, IF HE CAN SHOW THE SITE PLAN, THIS IS IMPORTANT.
THIS IS DIRECTLY TO, UH, THE WEST.
UH, THERE'S A NEW RESIDENTIAL, RESIDENTIAL CONSTRUCTION GOING UP.
THERE'RE ABOUT 30 FEET HIGH, UH, ABOVE WHERE WE ARE FROM.
AND, UH, YOU KNOW, BEING BY VIRTUE OF WHERE THEY, WHERE THEY'RE LOCATED, THEY HAVE, THEY GET TO HAVE, YOU KNOW, NICE VIEWS AND WE'RE JUST ASKING FOR LIKE A LITTLE SLICE OF THAT AS WELL.
UM, BUT CERTAINLY WE'RE NOT GONNA PROVIDE ANY SORT OF VISUAL INTRUSION ONTO THAT PROPERTY.
AS THERE'S 30 FEET HIGH UP TO THE EAST, UH, THEY'RE PROBABLY ABOUT 15 FEET HIGHER THAN US.
AND THEN MR. GIBSON, WHO'S TO THE SOUTH OF US, HE'S THE ONE THAT'S CLOSEST IN ELEVATION TO OUR PROPERTY, BUT HE HAS GIVEN HIS APPROVAL IN WRITING.
UM, AND OTHER THAN THAT, WE'RE LOOKING TO, UH, KNOCK DOWN THE MINIMUM AMOUNT OF TREES.
WE WANNA MAINTAIN A, A HEALTHY AMOUNT OF TREE CANOPY.
UM, SO BY, BY VIRTUE OF WE'RE IN A BULL LIKE SITUATION, UM, I DON'T SEE US BEING ANY SORT OF AN INTRUSION TO ANY OF THE NEIGHBORS.
ANY QUESTIONS FOR THE APPLICANT? MANANA, BREGMAN, COMMISSIONER MANANA, THEN BREGMAN.
YOU WANNA GO FIRST? OKAY, SO WHAT IS THE SQUARE FOOTAGE ON THE TOP? UH, UM, THAT'S, UM, NOT THE OPEN TERRACE, BUT THE, THE ENCLOSED SPACE ON THE SECOND FLOOR, ON THE, WELL, ON THE TOP FLOOR.
SO YEAH, THE, THE THIRD FLOOR.
SO, SO THERE'S THIS, I, YOU KNOW, I JUST SAW AN OPPORTUNITY THERE, SO IT'S A DOUBLE HEIGHT SPACE AND SO I, I KIND, I WAS, I'M KIND OF INSPIRED BY A LOT OF JAPANESE ARCHITECTURE, SO, UH, THERE WAS JUST AN OPPORTUNITY TO CREATE AN ADDITIONAL SPACE THAT OFFICE OFF OF THAT ROOFTOP TERRACE AND I THOUGHT WAS JUST NEED A LOT, I NEED A LITTLE NOOK TO CREATE, UH, IN THE, IN THE, IN THE STRUCTURE.
THAT'S REALLY THE ONLY THIRD STORY THAT'S ENCLOSED IN THE BUILDING.
WHAT I'M TRYING TO UNDERSTAND IS, SO WE'RE TALKING ABOUT THREE STORY STRUCTURE AND WE, UM, AND THEN SO, AND WHAT'S PERMITTED INTO TWO AND A HALF STORY STRUCTURE, RIGHT.
AND WHAT THE DELTA IS HERE THAT WE'RE TALKING ABOUT.
IF I WAS LOOKING AT THOSE TWO, AND, AND PART OF THE THING IS THIS NOTION OF A WEDDING CAKE DESIGN WHERE THE TOP STRUCTURE IS KIND OF EMBEDDED INSIDE, UH, YOU KNOW, SURROUNDED BY UN UH, UNT OR UN UNAL AREA IS KIND OF THE, THE, THE DIALOGUE THAT WE HAVE FOR A TWO AND A HALF STORY.
AND SO TRYING TO FIGURE OUT WHERE YOU'RE SITTING, 'CAUSE IT LOOKS LIKE WALL THE WALL WITH REGARDS TO THAT TOP STRUCTURE, BUT IS IT ALL OPEN SPACE WITH THE SMALL LOFTER? AND SO REALLY IT'S, YOU KNOW, HOW MUCH OF IT IS TRULY A, A THREE STORY BUILDING, I GUESS, RIGHT? I I WOULD ARGUE THAT IT'S NOT, NOT A, A THREE STORY BUILDING.
SO, SO YOU'RE REALLY HERE BECAUSE YOU WANT THE TERRACE.
'CAUSE YOU CAN'T HAVE THE TERRACE ON A TWO AND A HALF.
BUT BY BEING THREE STORIES YOU CAN'T HAVE THE TERRACE.
AND, AND THAT'S WHERE I WAS GONNA GO WAS TRYING TO FIGURE OUT FROM THE CITY'S PERSPECTIVE, YOU KNOW, IS THERE DIALOGUE, YOU KNOW, WE, WHEN WE'RE DOING THE, THE ORIGINAL UDC REWRITES, WE TALKED ABOUT, YOU KNOW, NOT HAVING THAT, THE FOOTPRINT ON THE OUTSIDE FOR THE THREE STORY.
AND SO CAN THAT BE PERMITTED, YOU KNOW, AND RIGHT.
SO, SO WE'RE REALLY NOT LOOKING AT THE TERRACE SPACE AS BEING WHAT'S CONSTITUTING THIS AS A THIRD FLOOR.
UH, IT'S REALLY JUST AN ISSUE OF, OF DEFINITIONS.
AND GIVEN THE DEFINITION THAT WE HAVE FOR A TWO AND A HALF STORY AS WRITTEN, UH, IN ONE OF OUR IBS, UM, THIS DESIGN DOES NOT MEET THAT DEFINITION FOR A TWO AND A HALF STORY.
AND YET WE DO HAVE AN ENCLOSED SPACE ABOVE THE SECOND FLOOR, THAT SMALL OFFICE.
SO BEING THAT IT JUST DOESN'T FIT THE DEFINITION OF A TWO AND A HALF STORY, THE ONLY THING LEFT TO CONSIDER IT IS A THIRD FLOOR.
IT DOESN'T REALLY, UM, IN ESSENCE FEEL LIKE A FULL THIRD FLOOR.
BUT, UM, THERE IS THAT SMALL ENCLOSED OFFICE SPACE.
UH, YOU ASKED FOR THE SQUARE FOOTAGE.
IT'S NOT LOADED ON THE PLANS THAT WERE SUBMITTED TO US.
UM, BUT THAT'S WHAT YOU WOULD BE APPROVING WITH THIS VARIANCE TODAY.
AND WHAT I WAS LOOKING FOR WAS, YOU KNOW, IF WE, IF WE CAN CAP THAT PART OF IT SO THAT AS THE TOP SPACE AND THE CAP FOR THAT, FOR THE, THE SPACE, THEN YOU KNOW, THEN, YOU KNOW, THAT WOULD CERTAINLY, AND YOU'RE, YOU MEAN CAP AS IN
[03:00:01]
LIMITING THE VARIANCE APPROVED.WE'VE ALL, IN THE PAST, I THINK Y'ALL HAVE DONE, UH, REFERENCE DESIGNED TO, TO THE PLANS AS SUBMITTED.
UM, THAT MAY BE SOMETHING THAT YOU WANT TO EXPLORE.
SO, SO IT'S, IT'S, IT'S APPROXIMATELY 60 SQUARE FEET, THAT LITTLE, THAT LITTLE SECTION.
AND DO YOU, DO YOU FEEL LIKE THESE PLANS ARE THE FINAL PRODUCT? 'CAUSE IF, IF THE MOTION IS READ THE TIME TO AS, AS PRESENTED HERE, YOU DON'T THINK THEY'RE GONNA CHANGE OR ANYTHING? UH, NO, WE'RE PRETTY MUCH THIS, I MEAN, WE'RE AT, AT THE END OF LIKE SCHEMATIC DESIGN.
UH, MY CLIENTS WHO ARE HERE, THEY'RE, THEY'RE REALLY HAPPY WITH IT.
SO IF, UH, IF IT WAS TO BE APPROVED, WE'RE READY TO MOVE FORWARD.
IS THERE ANYONE TIME TO SPEAK? OH YES.
ON THE SITE PLAN, COULD YOU POINT OUT WITH A LASER POINTER WHERE THAT, UM, UM, THE 30 FOOT DRAINAGE EASEMENT IS, IT SAYS IT'S CUTTING ACROSS THE WIDTH OF THE PROPERTY, ROUGHLY 150 FEET FROM THE FRONT.
NO OTHER QUESTIONS? ALL RIGHT, I'M LOOKING FOR A MOTION.
ALRIGHT, COMMISSIONER AMANDA, REGARDING CASE R BO 8 2 6 1 0 3 0 0 0 8 7.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A HALF STORY VARIANCE FROM THE MAXIMUM LEVEL TWO AND A HALF STORY BILLING HEIGHT, UM, UM, SUBMITTED AS DESIGNED TO ALLOW A DEVELOPMENT OF A THREE STORY SINGLE FAMILY HOME SITUATED AT 1 5 9 1 9 PURPLE SAGE ROAD.
APPLICANT BEING COGNITION CREATIVE LLC.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE OVERALL HEIGHT WILL NOT EXCEED THE UDC MAXIMUM.
THE PROPOSED THIRD LEVEL IS LIMITED IN SCALE AND THE SITE'S TOPOGRAPHY AND DISTANCE FROM NEIGHBORING HOMES ARE SUCH THAT ALLOWANCE FOR A THIRD FLOOR WOULD NOT CONSTITUTE A CONSPICUOUS DEPARTURE FROM THE EXISTING CHARACTER OF THE NEIGHBORHOOD.
TWO, TWO TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SIGNIFICANT CHANGES IN ELEVATION ACROSS THIS BLOCK ARE SUCH THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS DISALLOWING THE PROPOSED THIRD FLOOR IN AN AREA WHERE HEIGHT VARIABILITY BETWEEN NEIGHBORING HOMES IS DIFFICULT TO DISTINGUISH, WOULD NOT YIELD ANY SIGNIFICANT BENEFIT TO THE WIDER COMMUNITY.
THREE, BY GRANTING THE VARIANCE, THE SPHERE OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THIS VARIANCE WOULD, WOULD ALLOW GREATER FLEXIBILITY FOR DEVELOPMENT WHILE ACCOUNTING FOR SITE SPECIFIC FEATURES, INCLUDING SIGNIFICANT ELEVATION CHANGES, WHICH MAY LESSEN THE PERCEPTIBILITY OF THE HOME'S.
TRUE FORM AND MASSING FROM THE ROAD AND ADJACENT PROPERTY FOR THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ZONING DISTRICT, WHICH IS VARIANCES LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CORONARY PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
THESE PROPERTIES, LOCATION ELEVATION SITS EITHER SIGNIFICANTLY LOWER OR HIGHER THAN THAT OF ADJACENT HOMES, THEREBY ELIMINATING THE POSSIBILITY OF THIS NEW HOME TO SIGNIFICANTLY DISRUPT THE EXISTING SIGHTLINES OF RE RESIDENCES ON ADJACENT PROPERTY.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH IS VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THIS PROPERTY AND UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER, UM, OTHER PROPERTY AND ARE NOT NEARLY FINANCIAL OR ARE THEY NOT, OR, OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT WHICH HIS PROPERTY IS LOCATED.
THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE, UNIQUE CONDITION OF SIGNIFICANT GRAPHICAL VARIABILITY ON THIS PROPERTY.
UM, SO I, I DON'T SEE AN ISSUE WITH THIS.
UM, YOU KNOW, IF, IF WE'RE GONNA BUILD IT AS DESIGNED, UH, CERTAINLY A FEW OF US, UH, HERE ON THE BOARD WERE ENGAGED IN THE DIALOGUE FOR WHEN THE UDC FOR THE THIRD STORY WAS WRITTEN AND, UM, IT WAS KIND OF DESIGNED FOR CLOSE PROXIMITY TO OTHER HOMES AND PROVIDING LIGHT.
AND SO SINCE THIS HAS LOTS OF LIGHT AROUND IT, YOU KNOW, THIS REALLY IS NOT, UM, I GUESS NEGATIVELY IMPACTING, YOU KNOW, WHAT IT WAS THAT WE'RE TRYING TO ACCOMPLISH.
UH, YOU KNOW, WHEN IT IS THAT WE TALKED ABOUT THE THIRD STORY THING.
YEAH, I'LL ALSO VOTE IN FAVOR, UH, FOR ALL THE REASONS LISTED AND, UH, THAT THE CITY APPROVES IT AS WELL.
ALL RIGHT, ANYONE ELSE LIKE TO ADD HEARING
[03:05:01]
UNANIM? ROLL CALL VOTE.I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER PI CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER ZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
[ Approval of Minutes ]
ONTO THE MINUTES.ANYBODY HAVE ANY AT LAST MINUTE ADJUSTMENTS? ALL RIGHT, I'M LOOKING FOR A MOTION.
MOTION TO APPROVE THE MINUTES.
UH, LET'S, WHAT ARE WE DOING WITH ITEM THREE? NOTHING.
UM, THE BOARD IS, UH, ABLE TO ENTERTAIN IT OR WE CAN DO A CONTINUANCE.
WE ARE RECOMMENDING ALL FOR CORRUGATED METAL IN THE RESIDENTIAL AREA.
DOES ANYBODY WANT TO OFFER A MOTION ON THIS TO MOVE FORWARD OR DO OR A CONTINUANCE OR SOMETHING? ALL RIGHT.
UH, SO STAFF, IF YOU WANT TO READ IT INTO THE REC PLEASE.
SO ITEM NUMBER THREE, LOCATED 6 0 7 VENE.
UH, REQUEST FOR A CORRUGATED METAL IN THE SIDE REAR YARD AND 11 FOOT CLEAR VISION.
AND IF YOU CAN SKIP OVER TO THE, UH, RECOMMENDATION PLEASE.
STAFF RECOMMENDED NOW FOR OFFENSE MATERIAL REQUEST.
A VARIANCE IS CONTRARY TO PUBLIC INTEREST AS CORRUGATE METAL IS PROHIBITED AS A FENCE OF MATERIAL UNCHARACTERISTIC CORRUGATE METAL'S, DEFENSE MATERIAL CAN POTENTIALLY BE HARMFUL AS THE SHARP EDGES ARE LESS EXPOSED AND RECOMMENDED APPROVAL FOR CLEAR VISION.
AS VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST, THERE IS SUFFICIENT SEPARATION BETWEEN THE STREET AND THIS PREDOMINANTLY OPEN FENCE, ALLOWING THE ONCOMING TRAFFIC TO VIEW SAFETY MANURE IN THE VEHICLE INTO THE RIGHT OF WAY.
AND GRANTED A VARIANCE WOULD OBSERVE THE SPIRITED ORDINANCE, WHICH IS TO ENSURE THE MINIMUM LEVEL OF VISIBILITY TO SAFETY UTILIZE TO SAFELY UTILIZE THE DRIVEWAY AND NO RESPONSES OR VOICEMAILS RECEIVED IN FAVOR OR OPPOSITION AND NO RESPONSES FROM ANY COMMUNITY OR NEIGHBORHOOD ASSOCIATION.
ALRIGHT, I MOVE TO CONTINUE TO JUNE 1ST.
MOTION, UH, CASES CONTINUED, UH, UH, UNTIL JUNE 1ST.
[ Director’s Report ]
DIRECTOR'S REPORT.UH, WE SHOULD HAVE OUR, UM, SHAREPOINT, UM, THINK WE'RE FINALIZING THAT.
SO NEXT MEETING WE SHOULD HAVE, UM, A SHAREPOINT WHERE YOU GUYS ARE ABLE TO GO IN THERE AND LOOK AT ALL THE PUBLIC RESPONSES TO INCLUDE TRANSCRIPTS OF VOICEMAILS.
AND IS THERE ANY UPDATE ON ALTERNATES? 'CAUSE ALL OF THEM ARE PAST DUE, RIGHT? AND THERE'S STILL A VACANCY.
SUMMER'S COMING UP, IT'S VACATION TIME.
UH, WE DO HAVE TWO VACANCIES RIGHT NOW, BUT WE DON'T HAVE ANY UPDATES TO GIVE YOU RIGHT NOW.
I HAD A, UH, JUST SO YOU KNOW, THERE WAS A PAST ALTERNATE MEMBER FROM MANY, MANY YEARS AGO WHO I THINK TURNED IT AN APPLICATION.
THAT'S WHY I WAS JUST WONDERING IF THERE'S ANYTHING GOING ON.
DO YOU REMEMBER HER? THAT WAS BEEN A LONG TIME.
WAIT, THIS IS BEFORE HER WASN'T HER.
SO IF THERE'S NOTHING ELSE, IT IS FOUR 17 AND WE ARE ADJOURNED.