* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] WELL, IF Y'ALL DON'T MIND, I'D LIKE TO GET STARTED. IF WE'RE RECORDING, IT'S ONE OH TWO, I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS IN THIS SESSION. IF WE CAN HAVE THE SPANISH INTERPRETER COME OUT PLEASE. GOOD AFTERNOON, WE'RE GONNA START THIS. THANK YOU. THANK YOU VERY MUCH. UH, IF EVERYONE COULD, UH, STAND OR JOIN ME IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC RELIGIOUS STAND. ONE MOTION UNDER GOD, INDIVISIBLE, WITH THE LIBERTY OF JUSTICE. ALL HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ALL RIGHT, STAFF, IF YOU COULD PLEASE CALL ROLL. COMMISSIONER REED PRESENT. COMMISSIONER STEVENS. COMMISSIONER IBANEZ PRESENT. COMMISSIONER DEAN PRESENT. COMMISSIONER CRUZ. COMMISSIONER GOMEZ. COMMISSIONER MANNA PRESENT. COMMISSIONER BRAGMAN PRESENT. COMMISSIONER BENAVIDEZ. COMMISSIONER OZUNA. PRESENT YOU. COMMISSIONER EZ. HERE. COMMISSIONER VASQUEZ. PRESENT CHAIR ORIAN AND I AM PRESENT. ALRIGHT, SO THAT MEANS WE HAVE NINE. WE'RE EXPECTING TWO MORE, BUT WE'RE GONNA GO AHEAD AND GET STARTED. SO BEFORE WE PROCEED [ Briefing and Possible Action on the following items  ] 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 STREET ADDRESS, FOLLOWED BY THE CONCLUSION OF THE CASES. THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT. LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I WILL READ THEM AT THE APPROPRIATE TIME. AND THE MEETING. WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL. THIS BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA. THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELEASE LAW AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TWO AUTHORIZED VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE THAT AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS 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 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 RECORDS OF THE BOARD'S PROCEEDINGS. THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY'LL BE QUESTIONED BY THE MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, IT'LL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION. 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 GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIALS. SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS. APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 AND MADE TO THE CITY COUNCIL. UH, PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. THANK YOU. STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST PRIOR TO PRESENTATION. INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS. INDICATES THOSE PROPERTY OWNERS IN FAVOR OF REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION AND ANY QUESTION BY 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 IN THE ORDER THAT YOU SIGN UP TO SPEAK. THOSE IN SUPPORT AND OPPOSITION WILL BE ALL ALLOWED OF MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE THAT LIKE TO GIVE WITH THEIR TIME TO SPEAKER, THAT SPEAKER WILL BE ALLOTTED MAXIMUM OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY TO, FOR A REBUTTAL LIMITED TO ONE [00:05:01] SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. YES. UH, WHILE WE ONLY HAVE NINE MEMBERS, UH, WE ARE WAITING FOR TWO MORE TO JOIN. WE'RE GONNA DO SOME HOUSEKEEPING. UH, WE'RE GONNA START OFF WITH A REQUEST FOR A CONTINUANCE, WHICH I BELIEVE ITEM NUMBER TWO IS ASKING UNTIL JUNE OF 15TH. STAFF CAN BRIEFLY READ THAT ONE INTO THE RECORD. SO ITEM NUMBER TWO, BO OA 26 1 0 3 0 0 0 88. REQUEST BY A FERNANDO DE LEON FOR A, AN ACCESSORY DWELLING TOTAL IN 37 15 SQUARE FEET. UH, FENCE MATERIAL FOR RAZOR WIRE IN THE REAR PROPERTY LINE. UH, SIX FOOT FRONT YARD FENCE, UH, LOCATED TWO 19 PAOLO GRANDE. UM, STAFF RECOMMENDED APPROVAL FOR ITEM NUMBER ONE. DID OFFER ITEMS TWO AND THREE AND REQUESTING A CONTINUANCE TO JUNE 15TH. DO LIKE TO ANYONE COMMISSIONER LIKE TO MOVE TO CONTINUE THAT TO THE 15TH? OH, SO MOVED. OH, YES. SO MOVED. MOVE FOR CONTINUANCE TO JUNE 15TH. SECOND. SECOND BY COMMISSIONER BRAGMAN. ALL IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? HEARING NONE. THE CASE HAS CONTINUED TILL JUNE 15TH. AND, UH, YES. CHAIR, WE DO HAVE ITEM NUMBER NINE. UH, STAFF IS RECOMMENDING APPROVAL WITH NOBODY TO SIGN UP TO SPEAK IF THAT'S, IF THAT'S WHEN YOU'D LIKE TO TAKE ON. SURE. [ Approval of Minutes  ] ACTUALLY I'M GONNA DO THE MINUTES FIRST. LET'S ANY, UH, LAST MINUTE REVISIONS? UM, THEY LOOK FINE TO ME. UH, BUT IF ANYBODY WOULD LIKE TO MAKE A MOTION TO APPROVE THOSE, SO MOVED. A MOTION TO APPROVE BY COMMISSIONER BRACKMAN. SECOND. SECOND BY COMMISSIONER ARMANA. ALL IN FAVOR SAY AYE. AYE. ANY OPPOSED? ALL RIGHT. MOTIONS. UH, MINUTES ARE PASSED AND WE'LL BE HEARING ITEM NUMBER NINE, WHICH IS A FULL APPROVAL. AND I'D ALSO LIKE TO ASK, UM, FOR OUR SPANISH INTERPRETER TO ON WHEN CASE ITEM NUMBER SEVEN, CASE ENDING IN 94 COMES UP. THERE WAS A, UH, PUBLIC COMMENTARY RECEIVED IN SPANISH AND FOR THE BENEFIT OF THE BOARD, PERHAPS THEY COULD TRANSLATE SOME OF THAT FOR US. ALRIGHT, THANK YOU. ALL RIGHTY. ITEM ITEM NUMBER NINE. UH, LOCATED AT 2 0 2, UH, WILKINS AVENUE. UH, THE REQUEST FOR A VARIANT FOR, UH, ACCESSORY DWELLING STANDARDS TO ALLOW AN ACCESSORY DWELLING UNIT ON THE SIDE YARD AND A FOUR FOOT 11 VARIANT FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT SHED WITHIN ONE INCH OF THE EAST SIDE SETBACK. SUBJECT PROPERTY LOCATED JUST SOUTH OF DOWNTOWN, WEST OF SOUTH PRESTA AND ABIDING I 10 IN THE REAR THERE IS SURROUNDED BY SIMILAR R FOUR LOTS COMMERCIALS TO THE NORTHEAST AND INTERSTATE TO THE REAR. THE LOT WAS A REDUCED SIZE DUE TO RIGHT OF WAY DEDICATION TO THE REAR. THE PROPERTY OF BUTS TDO RIGHT AWAY AGAINST THE PROPOSED REDUCED SETBACK AND IS UNDEVELOPABLE. THIS IS THE SITE PLAN WIL TO THE NORTH. THE YELLOW INDICATES THE, UH, CARPORT SLASH SHED. IT'S GONNA HAVE THE, UH, ONE INSIDE SETBACK AND THEN THE PROPOSED CASITA TO THE LEFT ON THE SIDE YARD. SUBJECT PROPERTY, YOU SEE THE, UH, INTERSTATE THERE TO THE REAR OF THE PROPERTY AND THE AREA TO THE LEFT IS THE UNAVAILABLE PART. THIS IS WHERE THE A DU IS GONNA BE PROPOSED IS A SIDE SETBACK AND THE SURROUNDING AREA STAFF RECOMMENDS APPROVAL AND BOA 26 1 0 3 0 0 0 96 BASED ON FOLLOWING FINES OF FACTS, THE LIMITED AREA IN THE FRONT YARD, IN THE REAR YARD PRESENTS A UNIQUE CIRCUMSTANCE OF THE LOT. CONFIGURATION ABUTTING, REDUCED SETBACK IS UNDEVELOPABLE RIGHT OF WAY, WHICH PREVENTS A HARDSHIP, UH, FROM BEING DEVELOPED. ALL RIGHT, THANK YOU. UH, LET THE RECORD SHOW ONE 10. COMMISSIONER STEVENS, JOIN THE MEETING. ALL RIGHT. UH, AND, UH, REAL QUICK, TWO IN SUPPORT WITHIN, UH, 200 FEET AND THE ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. THAT CONCLUDES, THAT'S PRESENTATION. THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD. HELLO, STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. GOOD AFTERNOON. MY NAME IS SUSAN JAIME. I AM WITH SG CONSTRUCTION AND DESIGN, AND I'M HELPING THIS LADIES THE WHO ARE THE OWNERS OF THE PROPERTY WITH THE PROJECT WITH THE A DU. WE'RE DOING IT UNDER THE NEW PRO PROGRAM FOR THE CASITA FROM THE CITY OF SAN ANTONIO. UNFORTUNATELY, THEIR LOT AT THIS POINT DOESN'T HAVE A BACKYARD AND, UH, IT'S BEEN, UH, UM, DOCUMENTED LIKE THAT SINCE THE, UH, STATE PRETTY MUCH TOOK ON THE REST OF THAT PROPERTY. BUT I'LL LET THEM TELL YOU A LITTLE BIT MORE ABOUT THE A DU. ALRIGHT, GOOD AFTERNOON. I'M RAMONA MONTOYA. COYA, THE OWNER OF THE PROPERTY AT 2 0 2 WILKINS, WE HAVE QUESTIONS? NO, THIS SEEMS PRETTY CUT AND DRY TO ME. UH, ANY COMMISSIONER QUESTIONS? ANYONE SIGN UNDER THE SPEAK ON THIS MATTER? NO PUBLIC COMMENTS. ALRIGHT, WELL, ANYONE LIKE TO MAKE A MOTION? BRAGMAN COMMISSIONER [00:10:01] BRAGMAN REGARDING CASE NUMBER BO A DASH 26 DASH 0 3 9 6. I MOVE TO THE BOARD OF ADJUSTMENT GRANT ONE A VARIANCE FROM THE UUDC ACCESSORY DWELLING UNIT A DU STANDARDS TO ALLOW AN A DU IN THE SIDE YARD, TWO OF FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED SIDE FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT SLASH SHED WITH ONE INCH EAST SIDE SETBACK SITUATED AT 2 0 2 WILKINS AVENUE, APPLICANT BEING SJ CONSTRUCTION. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS 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 REASONABLE RESIDENTIAL DEVELOPMENT ON THE PROPERTY WHILE MAINTAINING COMPATIBILITY WITH THE SURROUNDING AREA AND THE CARPORT SHED LOCATION ADJACENT TO RIGHT OF WAY AND UNDEVELOPABLE PROPERTY WILL NOT NEGATIVELY IMPACT NEIGHBORING PROPERTIES. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STRICT APPLICATION IN ORDINANCE WILL SIGNIFICANTLY LIMIT PLACEMENT OPTIONS FOR THE A DU DUE TO THE CONSTRAINED REAR YARD AREA AND WOULD PREVENT CONTINUED USE OF THE EXISTING CARPORT SHED CONFIGURATION DESPITE ITS MINIMAL IMPACT ON THE SURROUNDING PROPERTIES. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCES PRESERVE THE RESIDENTIAL CHARACTER OF THE PROPERTY WHILE ALLOWING FUNCTIONAL USE OF THE LOT IN A MANNER CONSISTENT WITH THE INTENT OF THE ORDINANCE. AND THE EXISTING DEVELOPMENT PATTERN FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. UH, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED STRUCTURES WILL REMAIN ACCESSORY RESIDENTIAL STRUCTURES AND WILL NOT ADVERSELY AFFECT ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE HARDSHIP RESULTS FROM THE LIMITED REAR YARD AREA AND THE EXISTING SITE CONFIGURATION ADJACENT, ADJACENT TO RIGHT OF WAY AND UNDEVELOPABLE PROPERTY, WHICH UNIQUELY CONSTRAINED DEVELOPMENT OPTIONS AND WERE NOT CREATED BY THE CURRENT OWNER. AND OF MOTION, IS THERE A SECOND? SECOND, SECOND BY COMMISSIONER, IS THAT REED MANNA? OKAY. COMMISSIONER BRAGMAN. UH, YEAH, I'LL BE IN SUPPORT OF THIS MOTION AS, UH, OUTLINED BY THE APPLICANT. THERE'S VERY LITTLE REAR YARD. UH, THE OTHER ADJACENT PIECE OF PROPERTY, UH, WOULD BE UNDEVELOPABLE, UH, WITHOUT THIS, UH, VARIANCE. UH, AND WE LIKE TO SEE LAND BEING USED AT, AT ITS HIGHEST AND BEST USE. SO I WILL BE IN SUPPORT. THANK YOU. COMMISSIONER MANNA? UM, I CONCUR WITH MY COLLEAGUE, BUT I DO HAVE A QUESTION FOR CITY STAFF. SO LOOKING AT GOOGLE STREET, UM, ON, YOU KNOW, AT THE FRONT OF IT, THERE ARE SOME PANELS THAT LOOK LIKE FOUR FOOT BY EIGHT FOOT PANELS, UM, THAT ARE IN THE FRONT YARD. SO IS THAT NEED TO BE DISCUSSED AT SOME POINT? WELL, WE DISCUSSED, WE DID SEE ANOTHER, UH, COUPLE ITEMS THAT NEEDED TO GO TO THE BOA. WE INFORMED THE APPLICANT, THEY INFORMED US THAT THEY WERE GONNA GET THOSE, UH, DOWN TO COMPLIANCE. PERFECT. ALRIGHT, WONDERFUL. ANY OTHER COMMISSIONERS LIKE TO ADD HEARING NONE THIS HAVE A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER MANOCK. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER REED. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER RE BON I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER BON? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES UNANIMOUSLY. CONGRATULATIONS IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU GET WITH STAFF. THANK YOU. THANK YOU SO MUCH. THANK YOU. UH, NOW ACCORDING TO THE AGENDA, WE HAVE ONE MORE, UH, ITEM THAT IS, HAS A FULL APPROVAL ITEM NUMBER SIX. WHY WE STILL DON'T HAVE A FULL BOARD. YES. UM, WE GOT TWO SPEAKERS AND THE APPLICANT'S GONNA BE LATE FOR, FOR NUMBER SIX. OKAY, WELL THEN THAT MOVES US TO RIGHT TO NUMBER ONE. IF I HAVE IT PRINTED, I'LL GO AHEAD AND CLICK, BUT I'M GONNA LEAVE MY DEAL UP THERE. FORGOT TO SCRIPT THIS ONE OUT. GOOD AFTERNOON, [00:15:01] BOARD MEMBERS, MY NAME IS JOEL VELA, SENIOR PLANNER WITH THE BOARD OF ADJUSTMENT. ITEM NUMBER ONE IS BO EIGHT DASH 26 DASH 1 0 3 0 0 0 7 4. THE APPLICANT BEING ADRIAN ZER AND DISTRICT ONE AT 6 0 7 MVA STREET. THIS IS A REQUEST FOR FENCE MATERIAL VARIANCE TO ALLOW CORRUGATED METAL FENCE IN THE SIDE AND REAR YARD AND A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY CLEAR VISION AREA TO ALLOW AN 11 FOOT DRIVEWAY CLEAR VISION AREA. THE SUBJECT PROPERTY IS LOCATED JUST WEST OF THE INTERSECTION OF MVA STREET WITH BREEDEN AVENUE AND ACROSS THE STREET FROM A SCHOOL. HISTORICAL IMAGERY INDICATES A CORRUGATED METAL FENCE FIRST APPEARING ON THE PROPERTY IN FEBRUARY, 2021 AND A PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. FIRST APPEARING IN AUGUST, 2022. STAFF FOUND NO PERMITS FILED FOR THE CONSTRUCTION OF EITHER FENCE. IN MARCH, 2026, CODE ENFORCEMENT STAFF INITIATED AN INVESTIGATION OF THE SUBJECT PROPERTY AND OBSERVED THE USE OF CORRUGATED SHEET METAL AS A FENCING MATERIAL, WHICH IS PROHIBITED AND THE USE OF SUCH MATERIALS LIMITED TO THE SIDE AND REAR YARDS. AND AN OVERALL HEIGHT OF UP TO EIGHT FEET IS PERMITTED IN THIS AREA GIVEN THE ABUTTING ALLEYWAY. STAFF ALSO OBSERVED THAT THE FRONT YARD FENCE DOES NOT MEET THE MINIMUM DRIVEWAY CLEAR VISION STANDARD, WHICH PROHIBITS ANY FENCING TALLER THAN THREE FEET WITHIN THE DESIGNATED CLEAR VISION AREA. UH, HERE'S A SITE PLAN OF THE PROPERTY. AGAIN, ONE DENOTING THE LOCATION OF THAT CORRUGATED METAL FENCING. UH, IN THE BLUE THERE IS A FENCE OF, UH, PERMITTED HEIGHT AND MATERIAL. IT'S JUST THE CLEAR VISION AREA AROUND THAT DRIVEWAY THERE IN THE FRONT, UH, LEFT OF THE PROPERTY. THAT IS, UH, AN ISSUE AT THIS TIME. UH, SHOWN HERE IS THE SUBJECT PROPERTY KIND OF SHOWING THAT CLEAR VISION AREA, UH, THE EAST SIDE OF THE PROPERTY. UH, THIS IS TAKEN FROM THE FRONT YARD OF THE HOME, KIND OF LOOKING TOWARDS THE REAR. UH, AND YOU CAN SEE THAT CORRUGATED METAL FENCE THAT THAT BEGINS BEHIND THE FRONT FACADE OF THE HOME. IT'S THAT GREEN CORRUGATED MATERIAL. THIS IS THE WEST SIDE, UH, YARD OF THE PROPERTY. AND THEN THIS IS FROM THE REAR. A BUDDING THE PROPERTY, UM, THROUGH THE ALLEYWAY. UH, THAT SAME CORRUGATED MIDDLE FENCE. AND, UH, JUST TO LOOK, LOOKING ACROSS THE SIDEWALK FOR THE CLEAR VISION AREA AND THE SURROUNDING AREA, STAFF RECOMMENDS DENIAL, UH, BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE REQUESTED VARIANCE IS OF CONTRARY TO THE PUBLIC INTEREST AS CORRUGATED METAL IS PROHIBITED AS A FENCE MATERIAL AND IS UNCHARACTERISTIC OF RESIDENTIAL AREAS. AND TWO, THE CORRUGATED METAL FENCES OF UH, FENCE MATERIAL CAN POTENTIALLY BE HARMFUL IF SHARP EDGES ARE LEFT EXPOSED. CLICK BACK INTO IT. NO WORRIES. UH, FOR THE DRIVEWAY, CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THIS VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE IS SUFFICIENT SEPARATION BETWEEN THE STREET AND THIS PREDOMINANTLY OPEN FENCE, ALLOWING ONCOMING TRAFFIC TO VIEW AND SAFELY MANEUVER THE VEHICLE INTO THE RIGHT OF WAY. AND TWO, THE GRANTING OF THIS VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE, WHICH IS TO ENSURE A MINIMUM LEVEL OF VISIBILITY, UH, TO SAFELY UTILIZE, UTILIZE THE DRIVEWAY STAFF MAIL 25 NOTICES ZERO WERE RETURNED IN FAVOR, ZERO IN OPPOSITION. WE RECEIVE NO VOICEMAILS. THE NORTH CENTRAL NEIGHBORHOOD ASSOCIATION DID NOT RESPOND, NOR DID THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION. AND THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. ALRIGHT, THANK YOU VERY MUCH. DOES HAVE THE APPLICANT COME FORWARD. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. UM, I'M FERNANDO . UH, THAT'S, WELL CLEARLY MY DAD'S PROJECT. UH, BASICALLY WE JUST HAD, UM, OH, YOU HAVE TO, YOU CAN LIFT THE MIC UP. THANK YOU VERY MUCH. PRETTY MUCH, UH, WE HAD, UM, SHEET METAL BUILT ACROSS THE PROPERTY FROM THE, UH, BACK AND THEN TOWARDS THE FRONT IT WOULD BE METAL FENCE JUST TO HAVE LIKE A NORMAL, NORMAL FENCE. IS THERE ANY PARTICULAR, UH, REASON WHY SHEET METAL IS DESIRED AS OPPOSED TO WOOD? SO BASED ON MY DAD'S, UH, LOGIC, IT WAS PRETTY MUCH CHEAPER, MORE BETTER. UH, OTHER THAN THAT, UM, HE USUALLY WORKS OUTSIDE OF TOWN, SO HE JUST WANTS LIKE US TO BE LIKE SAVED FROM THE, YOU KNOW, HAVING A TALL SHEET METAL. OKAY. WELL IT IS VERY COMMON, UH, FOR THIS BOARD TO SEE CASES LIKE THIS, BUT THE, THE, WE USUALLY SEE, UH, SHEET METAL FENCING WITH CAPS ON TOP. UH, I DIDN'T NOTICE ANY IN THE PICTURE. UH, IS THERE, WOULD YOU LIKE TO AMEND YOUR APPLICATION TO INCLUDE A CAP ON THE TOP OF THE FENCE? WHAT IS A CAP? UH, IT'S TO, UH, PROTECT EXPOSED METAL. SO LIKE SOMETHING COVERED AROUND LIKE A CHANNEL PIECE OR IT COULD BE A PIECE OF WOOD, COULD BE SOMETHING JUST TO PROTECT THE ROUGH EDGES OF THE EXPOSED. OH, OKAY. OKAY, I SEE. I SEE. AND, AND, UH, IF YOU'RE INTERESTED IN, IN, UH, MODIFYING YOUR APPLICATION FROM THE, FROM THE PODIUM, YOU CAN CERTAINLY DO SO. UM, BUT WE CAN'T PUT CONDITIONS ON ANYTHING, BUT THAT IS SOMETHING THAT IS VERY COMMON FOR [00:20:01] THIS BOARD TO SEE. OKAY. SO I'LL LEAVE THAT UP TO YOU. UH, AS WE GO THROUGH THIS, IF IT'S, YOU KNOW, IF YOU WOULD LIKE TO AMEND, YOU'D HAVE TO DO IT ON YOUR OWN ACCORD. SO JUST SO YOU KNOW, UM, A QUESTION FOR STAFF ON THIS, UH, THE ALLEY BACK THERE, I KNOW'S A COUPLE GARBAGE CANS IN THE BACK. IS THIS A DRIVABLE ALLEY FOR GARBAGE PICKUP OR IS IT ANY OTHER USES THAT Y'ALL NOTICED AT LISA? I THINK THOSE ARE GARBAGE CANS IN THE DISTANCE OF THAT PICTURE. IT'S A SHADOW OR IT COULD BE A SHADOW. OH YEAH, THAT'S NOT, THAT'S IT. THERE'S NO DRIVEWAYS BACK THERE OR REAR ACCESS TO ANYONE'S HOUSE. OKAY. YEAH, I DIDN'T SEE ANY, UH, UTILITY, ANY EVIDENCE OF UTILITY. SO I WAS JUST CURIOUS. OH, THERE'S A, LOOKS LIKE THERE'S SOME ELECTRIC LINES RUNNING. IS THAT IN THE FRONT OF THE YARD OR IS THAT IN THE REAR YARD? THAT'S, UH, IN THE FRONT YARD. OKAY, GREAT. IS THERE ANY COMMISSIONER QUESTIONS FOR THE APPLICANT OR STAFF? SO MA'AM, COMMISSIONER MAY, SO ONE OF THE QUESTIONS, YOU KNOW, SO WE BROUGHT UP WITH REGARDS TO THE CAPS AND, AND SO IT'S ABOUT, UM, HAVING A SAFE COMMUNITY AND, AND A SAFE NEIGHBORHOOD. AND THAT'S WHY IT IS, WE REALLY DON'T WANT TO HAVE ANYTHING, OUR PREFERENCE IS NOT TO HAVE ANY, EITHER OF MY PREFERENCE IS NOT TO HAVE ANYTHING THAT WOULD BASICALLY HARM A, A NEIGHBOR OR ANYTHING LIKE THAT. AND THAT'S WHY WE TALK ABOUT PUTTING THE CAPS ON THERE. AND SO IT'S REALLY JUST TO PROTECT ANYBODY FROM HURTING THEMSELVES, YOU KNOW, FROM THE FENCE ITSELF. AND THAT'S WHY IT IS THAT WE ASK THAT QUESTION. UM, SO AN OBSERVATION. SO LOOKING AT GOOGLE STREETS, I SEE THAT THE NEIGHBOR PAINTED THE FENCE, UM, YOU KNOW, A NICE BLUE COLOR TO MATCH THEIR HOUSE. SO THAT KIND OF IMPLIES THAT THEY'RE OKAY WITH IT, YOU KNOW, UM, YOU KNOW, MY PERSPECTIVE. SO HAVE YOU TALKED WITH YOUR NEIGHBOR WITH REGARDS TO THE FENCING? SO, YOU KNOW, YOU KNOW, I'M SORRY, CAN YOU REPEAT THAT AGAIN? SO THE NEIGHBOR PAINTED THE FENCE ON THEIR SIDE BLUE. AND SO HAVE YOU HAD ANY CONVERSATIONS WITH THEM WITH REGARDS TO THE FENCE AND ARE THEY OKAY WITH IT? YEAH, THE, UH, THEY PRETTY SEEMED REALLY NICE NEIGHBORS, MORE BETTER THAN THE ONES THAT WE HAD BEFORE. AND THEN, UM, AND THEN IN THE EARLY AERIAL VIEW, IT LOOKED LIKE THERE WAS SOME CARS PARKED IN THE BACK OF THE PROPERTY. AND, AND SO, UM, IS IT USED FOR STORING CARS IN THE BACK? AT FIRST IT WAS USED, UM, I BELIEVE WHEN, AS I WAS GROWING UP THERE WAS A FEW CARS STORED, BUT NOW THAT, UH, WE HAVE MADE LIKE TRY RENOVATING MORE OF THE HOUSE AND THE PROPERTY, UH, THERE'S I BELIEVE ONLY ONE, NO, UH, ZERO CARS NOW. OKAY. AND, AND HOW DID THOSE CARS GAIN ACCESS TO THAT? WAS IT THROUGH THE ALLEY? UH, IT WAS, YEAH, IT WAS THROUGH THE ALLEY. IT WAS A OPEN ALLEY AND THEN WE CLOSED, UH, WE CLOSED IT DOWN. OKAY. WITH THE FENCE. THANK YOU. OKAY. ANY OTHER QUESTIONS? ANYONE SIGNED UP TO SPEAK? NO PUBLIC COMMENT. ALRIGHT. IS THERE ANYTHING THAT YOU WOULD LIKE TO DO REGARDING YOUR APPLICATION BEFORE WE MOVE FORWARD? IS THERE A WAY YOU COULD TRANSLATE SPANISH? UH, YES, THERE IS. CAN WE HAVE THE INTERPRETER COME OUT PLEASE, CHAIR? YES. UH, IF, IF I MAY, UM, WHEN THEY'RE TALKING ABOUT THE CAPPING THE FENCE, THE TOP EDGE OF YOUR METAL FENCE IS EXPOSED, RIGHT? AND IT'S A, IT'S A EDGE THAT COULD CUT THE CAP WOULD BE LIKE A METAL COVER OR SOME OTHER MATERIAL THAT GOES OVER THAT EDGE. THAT'S WHAT A CAP IS. AND THAT'S WHY THEY'RE ASKING, YOU KNOW, IF YOU WOULD AMEND TO ADD THAT ONTO YOUR FENCE TO MAKE IT SAFER AND AMEND IS WHAT AGAIN, AMEND WOULD BE WHERE YOU WOULD SAY, YOU KNOW, THAT YOU'RE GOING TO, YOU'RE GONNA PUT A CAP. OH, WE CANNOT TELL YOU TO DO IT. YOU HAVE TO DO IT BECAUSE YOU WANT TO DO IT. OKAY. OH, OKAY. SO THAT'S GOOD. OKAY. YEAH, WE, AS IT STANDS RIGHT NOW, YOUR APPLICATION IS FOR CORRUGATED METAL, UH, WITHOUT A CAP. UM, IF YOU WOULD LIKE TO HAVE IT BE CORRUGATED METAL TO INCLUDE A CAP, UH, THEN YOU CAN DO SO RIGHT NOW IF YOU WISH. AND WE HAVE THE INTERPRETER HERE WHO CAN, UM, I CAN DO THAT. OKAY. CAN WE, UH, PLEASE HAVE HER STATE HER NAME AND, AND THAT SHE WOULD LIKE TO AMEND HER APPLICATION TO KIE? [00:25:01] MY NAME IS JACQUELINE CHE AND I WANT TO AMEND THAT, UM, THE FAILURE THAT WE HAD BEFORE TO INCLUDE A CAT. MM-HMM. YES. TO INCLUDE A CAP. ALRIGHT, WONDERFUL. IS THERE ANY COMMISSIONER? UH, ADDITIONAL QUESTIONS? HEARING NONE? I'M LOOKING FOR A MOTION. I HAVE A QUESTION. UH, SIR, UM, DID YOU SIGN UP TO SPEAK ON THIS MATTER? COME PLEASE COME UP TO THE PODIUM. GENERAL INFORMATION. I WAS WONDERING, IS THE CAT JUST NECESSARY? YEAH, SIR, YOU HAVE TO, YEAH, WE NEED TO HAVE YOUR NAME NOW. EVEN THOUGH YOU DIDN'T SIGN UP TO SPEAK. UH, WE'RE GONNA GO AHEAD AND ENTERTAIN COMING UP. WELL THEN WE CAN DID YOU, DID YOU HAVE ANYTHING ABOUT THIS CASE? WELL, IT'S A CAMP FOR JUST A SUPPORTING POST OR THE ENTIRE, WELL, WELL, WE'LL IF ONCE DON'T YOU COME UP TO THE, WHY DON'T YOU COME UP TO THE PODIUM. OKAY. WELL I WAS JUST WONDERING THAT PLEASE STATE YOUR NAME FOR THE RECORD. UH, ROBERT WEIMER. OKAY. AND YOU HAD A A JUST WE USUALLY DON'T DO THIS RIGHT, I'M JUST RIGHT. I'M JUST GONNA GO THROUGH THIS REAL QUICK FOR YOU. UM, REGARDING CAPS AND CORRUGATED METAL. CORRUGATED METAL IS NOT AN ALLOWED FENCING MATERIAL IN THE CITY. YEAH. UH, IF YOU'D LIKE TO USE CORRUGATED METAL, YOU HAVE TO COME TO THE BOARD OF ADJUSTMENTS. ONE THING THAT IS COMMON FOR THE BOARD OF ADJUSTMENTS IS TO HAVE EXPOSED EDGES PROTECTED FROM THE POSSIBILITY OF, OF CAUSING HARM TO ANYONE FOR ANY REASON. THE ENTIRE FENCE AND NOT JUST THE SUPPORTING POSTS. THAT IS CORRECT. OKAY. THAT'S ALL I WANTED. YES SIR. ALRIGHT. WHO WOULD LIKE TO MAKE A MOTION ON THIS? STEVEN COMMISSIONER STEVENS REGARDING CASE NUMBER BOA DASH 26 DASH 0 3 7 4. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE FENCE MATERIAL VARIANCE TO ALLOW A CORRUGATED MIDDLE FENCE WITH A CAP IN THE SIDE AND REAR YARD. AND TWO, A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT, 15 FOOT DRIVEWAY CLEAR VISION AREA TO ALLOW AN 11 FOOT DRIVEWAY CLEAR VISION SITUATED AT 6 0 7 MC MCLAIN STREET, APPLICANT BEING ANDREA ZER. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY I FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC ENTRANCE INTEREST. THE REQUEST OF VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS CORRUGATED METAL WILL PROVIDE ENHANCED SECURITY WHILE MAINTAINING THE VISUAL CHARACTERISTICS OF THE AREA. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE SUFFICIENT SEPARATION BETWEEN THE STREET AND THE PREDOMINANTLY OPEN FENCE, ALLOWING ONCOMING TRAFFIC TO VIEW THE SAFE VIEW AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS IT WOULD NE IT WOULD NECESSITATE A COMPLETE REPLACEMENT OF THE EXISTING FENCE WITHOUT YIELDING A SIGNIFICANT AESTHETIC IMPROVEMENT FOR THE AREA. AS ANY EFFORTS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS ANY EFFORTS OF THE MO TO MODIFY THE EXISTING EVENTS WOULD NOT YIELD SUBSTANTIAL IMPROVEMENTS TO VISIBILITY AROUND THE EXISTING DRIVEWAY. THE CURRENT LOCATION OF THE FENCE PROVIDES A SUFFICIENT CLEAR VISION AREA TO, TO VIEW ONCOMING TRAFFIC AND SAFELY THE MANEUVER OF VEHICLE INTO THE RIGHT OF WAY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THE VARIANCE WILL NOT, WOULD NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS THE AESTHETIC CHARACTER OF THE NEIGHBORHOOD WOULD NOT BE SUBSTANTIALLY CHANGED. UH, IN ADDITION, AS THE EXISTING SEPARATION BETWEEN THE FENCE AND THE STREET PROVIDES ADEQUATE SPACE TO VIEW ONCOMING TRAFFIC AND MANEUVER A A VEHICLE INTO THE RIGHT OF WAY, ESPECIALLY CONSIDERING THE FENCE IS PREDOMINANTLY OPEN. FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. AS CORRUGATED METAL FENCING MATERIAL WOULD PROVIDE ADDITIONAL SECURITY WITHOUT SUBSTANTIALLY ALTERING THE AESTHETICS OF THE STREETSCAPE. THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS AN ADEQUATE, CLEAR VISION OF THE AREA CLEAR VISION AREA WOULD REMAIN TO SUPPORT SAFE USE OF THE DRIVEWAY. SIX. THE P OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS ON THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE P OF THE OWNER OF THE PROPERTY IS [00:30:01] DUE TO THE NEED FOR ADDITIONAL SECURITY ON, ON THIS PROPERTY, WHICH IS PROVIDED BY THE CORRUGATED METAL. ADDITIONALLY, THE PLIGHT OF THE OWNER OF THE PROPERTY IS DUE TO THE, DUE TO THE WIDTH OF THE RIGHT OF WAY DEDICATED FOR THE PEDESTRIAN USE. THE WIDTH OF THIS AREA DOES NOT PROVIDE CODE COMPLIANT CLEAR VISION AREA ON ITS OWN, THEREBY REQUIRING THE PROPERTY OWNER TO LOCATE A FENCE AT LEAST IN PART WITHIN THEIR OWN PROPERTY BOUNDARIES RATHER THAN DIRECTLY ON THE PROPERTY LINE TO MEET THE UDC PRESCRIBED CLEAR VISION STANDARD END OF MOTION. IS THAT GOOD? SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER STEVENS. THIS IS A PRETTY COMMON, UH, TYPE OF CASE THAT COMES IN FRONT OF US AND I THINK WITH THE ADDITION OF THE CAP, I CAN, I CAN SUPPORT THE CORRUGATED METAL, ESPECIALLY CONSIDERING, UH, YOU BACK UP TO AN ALLEYWAY. SO YOU NEED ADDITIONAL SECURITY AND IT SEEMS THAT 11 FEET WITH A PREDOMINANTLY OPEN FENCE IS ADEQUATE CLEAR VISION SOLVING SUPPORT OF BOTH MOTIONS. THANK YOU VERY MUCH. COMMISSIONER BRAGMAN. I CONCUR WITH MY COLLEAGUE. I'LL BE IN SUPPORT FOR THE VERY SAME REASONS. ALRIGHT, THANK YOU. AND UM, I JUST WANTED TO VERIFY, DID THE MOTION INCLUDE PREDOMINANTLY OPEN, TIED TO THE CLEAR VISION? UH, YES, I BELIEVE. I BELIEVE SO. ALRIGHT, GREAT. AND, UH, ANYONE ELSE LIKE TO ADD HEARING NONE? LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BI CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER MENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES 10 TO ZERO. I CONGRATULATIONS. UH, DOES THAT MEAN, UH, IT, IT PASSED? UH, YOU HAVE, IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF AND THEY'LL, AND THEY'LL WALK YOU THROUGH ANY QUESTIONS YOU HAVE. THANK YOU. THANK YOU. ITEM NUMBER TWO, I MEAN, I'M SORRY. ITEM NUMBER THREE. GOOD AFTERNOON, BRONTE FOR PLANNER WITH DEVELOPMENT SERVICES. NUMBER THREE IS BO OA DASH TWO SIX DASH 1 0 3 0 0 0 8 9. LOCATED IN DISTRICT EIGHT AT 1 3 6 4 9 FOREST ROCK DRIVE. THE ZONINGS ARE FOUR AND THE REQUEST IS FOR A FOUR 11 VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ONE INCH SETBACK FROM THE SOUTHEAST PROPERTY LINE. THE SUBJECT PROPERTY IS LOCATED ALONG FOREST ROCK DRIVE NEAR THE INTERSECTION OF FOREST ROCK DRIVE WITH GEORGE ROAD. SURROUNDING PROPERTIES ARE ALSO ZONED R FOUR AND R FIVE RESIDENTIAL SINGLE FAMILY DISTRICTS. THE CASE INVOLVES A CONSTRUCTION OF A PATIO AND SECOND FLOOR DECK ON THE SOUTHEAST SIDE PROPERTY LINE AND ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION OF THE PROPERTY IN APRIL, 2026 FOR BUILDING WITHOUT A PERMIT. THE LOT IS LOCATED IN A ZERO LOT LINE DEVELOPMENT. HOWEVER, THE ADDITION WAS BUILT OPPOSITE OF THE ZERO LOT LINE. THE ADDITION WAS STILL CONSTRUCTED PER STAFF'S VISIT TO THE SITE IN MAY OF 2026. THE CODE ENFORCEMENT INVESTIGATION RESOLUTION IS PENDING BOARD OF ADJUSTMENT OUTCOME. UH, THIS IS A SITE PLAN. THIS IS THE SUBJECT PROPERTY THAT'S THE ADDITION AND AN ADDITION, BUT FROM THE, THE REAR OF THE PROPERTY. AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL, UH, FOR THE SIDE SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE REDUCED SET SETBACK VARIANCE WOULD LEAVE INSUFFICIENT ROOM TO MITIGATE POTENTIAL FIRE CONCERNS AND WATER RUNOFF ONTO THE BUDDING PROPERTIES. AND TWO, THE ADDITION TO THE PRIMARY STRUCTURE COULD HAVE BEEN PLANNED TO ADHERE TO RESIDENTIAL BASED ZONING DISTRICT SETBACK REQUIREMENTS. STAFF MAILED OUT 40 NOTICES. ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION IN VOICEMAILS, WE RECEIVED ZERO IN FAVOR AND ONE IN OPPOSITION. AND THERE'S NO REGISTERED NEIGHBOR ASSOCIATION WITHIN 200 FEET. THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU VERY MUCH. SO THE APPLICANT COME FORWARD. HELLO. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. ROB, ROBERT WEER RETIRED NA NAVY COMMANDER, RETIRED POSITION. I HAVE A BUNCH MORE PICTURES. I DON'T KNOW IF THEY CAN. YES, THEY CAN. OH, OKAY. ANY, ANYWAY. UH, DO YOU HAVE THE, UH, VARIANCE APPEAL THAT I WROTE? I WROTE A, YOU KNOW, A VARIANCE APPEAL. I'M, I'M SURE YOU MUST HAVE IT. 'CAUSE THAT'S HOW [00:35:01] I GOT HERE IS WITH THIS RIGHT? . OH, IS IT? THEY WERE CO COMPLIANCE CAME OUT. OKAY. AND THEY, AND WE CAN PROJECT THAT TOO, JUST SO SURE. FOR THE BENEFIT OF THE BOARD. OH, OKAY. WELL, UH, THESE ARE PICTURES OF THE, CAN WE DO THAT FIRST ONE AGAIN? OKAY. I PUT A RULER THERE AND OF COURSE, THE CONTRACTOR WHO BUILT THIS ASSUMED THAT THE, THE, UH, SETBACK WAS, UH, THREE FOOT AND AND NOW YOU HAVE A THREE FOOT, UH, RULER. AND, AND THEN I ATTACHED TO IT ANOTHER TWO FEET TO SHOW YOU WHERE FIVE FEET WOULD BE. AND I ASSUME THAT THE SETBACK IS NOW FIVE FEET. WELL, THIS, YES, WE HAVE FIVE FOOT SIDE SETBACKS. OKAY. BECAUSE THIS, THIS, BECAUSE WHEN THE HOUSE WAS BUILT, IT WAS FOUR FOOT. AND BECAUSE OF THAT, UH, YOU SEE THE EDGE OF THE FLOOR OF THE, UH, DECK AS IT WAS BUILT WHEN I MOVED IN ABOUT EIGHT YEARS AGO OR SO. BUT AT ANY RATE, UH, TO, UM, WHAT I WAS WANTING TO DO WOULD BE TO TRY TO, UH, MAKE CHANGES SUCH THAT THERE WOULD BE A MINIMUM TAKEDOWN. SO NOW THAT'S WHAT I WOULD HAVE TO DO, UH, TO MAKE IT FIVE FOOT. IN OTHER WORDS, I'D HAVE TO TAKE THAT WINDOW OUT, UH, CUT IT AND, UH, OFF, UH, ALL THE WAY UP TO THE UPPER DECK. UM, THAT WOULD BE ONE SOLUTION. NOW, THE, THE OTHER POSSIBLE SOLUTION WOULD BE TO LEAVE THAT SIX BY SIX, UM, POST, WHICH IS SUPPORTING THE UPPER, UH, AND, AND MAYBE CUT BACK THE UPPER DECK SUM, YOU KNOW, MAYBE A FOOT OR TWO. UH, BUT, BUT LEAVE THOSE, UH, SIX INCH SQUARE, UH, BECAUSE THOSE ARE, ARE STURDY. THEY'RE, THEY'RE IN GOOD FOOTINGS. AND, UM, BUT THEN I COULD MOVE THE INTERIOR WALL BACK TO THAT FIVE FOOT MARK. BUT, UH, IF IT WOULD BE PERMITTED TO LEAVE THE, UH, UH, SIX BY SIX, UH, POSTS TO SUPPORT, UH, AT LEAST THE FRONT, UH, THE BACK PART OF THE, UH, UPPER DECK. OKAY. SO THAT, THAT'S WHAT I, OF COURSE, THE ONE REQUEST WOULD BE JUST TO, TO, UH, GIVE ME A VARIANCE WHERE I COULD UTILIZE THE, UH, FIVE FOOT SETBACK AND THE THREE FOOT SETBACK INSTEAD OF THE FIVE FOOT. IF IT WOULD BE POSSIBLE TO GRANDFATHER THAT. BUT I DON'T KNOW, THAT'S UP TO THE BOARD AND EVERYTHING. SO THAT, THAT'S THE ESSENCE OF IT. UH, I DON'T KNOW IF YOU WANNA GO THROUGH SOME OF THOSE OTHER PICTURES ONE BY ONE FROM THE TOP. STEVENS COMMISSIONER STEVENS. I JUST GOT A A QUICK QUESTION THAT'S FROM THE OTHER DIRECTION. SIR, SIR, UH, WE HAVE A COMMISSIONER. I'D LIKE TO ASK YOU A BRIEF QUESTION. MM-HMM . YES. JUST, UM, WAS THIS PREVIOUSLY A, A DECK THAT YOU ENCLOSED? NO, BUT IT DID HAVE JUST A LUMBER COVERING, EVEN, EVEN A ROOF. BUT IT WASN'T ENCLOSED. AND, AND ACTUALLY THE, THE LUMBER ENCLOSURE FELL DOWN. I HAD A METAL ROOF PUT ON, AND WHEN THEY TOOK THE OLD ROOF OFF, THEY WERE THROWING THE, THE OLD ROOF ON, ON TOP OF, OF, OF THIS, YOU KNOW, SKELETON OF A ENCLOSURE. AND IT FELL DOWN. IT CAME DOWN. SO, UH, IN OTHER WORDS, WHAT I, WHAT I WAS DOING, OH, AND HERE YOU CAN SEE THAT THE, UH, THAT WOOD WOODEN FLOOR IS, IS THE OLD FLOOR DECK, WHICH IS GOOD WOOD. AND I'M GONNA LEAVE IT THERE. 'CAUSE IT, IT IS VERY GOOD WOOD. AND, UM, THE, THE CEMENT THERE, I JUST PUT THAT THERE TO PROTECT THE NEIGHBOR'S, UH, FOOTING, WHICH IS ON THE RIGHT THERE, DIDN'T WANT ANY WATER ACCUMULATING WHERE IT COULD POSSIBLY, UH, HARM HIS FOOTING OF HIS HOUSE, WHICH IS ACTUALLY ABOUT THE TOP OF HIS FOOTING. IT'S ABOUT THAT, THAT RED LETTER. OH, IT SAYS NEIGHBOR IT, THE TOP OF HIS FOOTING IS ABOUT WHERE THAT LINE ENDS. UM, AT ANY RATE, THAT'S THE REASON THE BUILDER ASSUMED THAT THE, UH, FIVE FOOT WAS, UH, WAS THE SETBACK. AND, AND THE, [00:40:01] UH, SIX BY SIX SUPPORT THERE, THERE'S, THERE'S THREE OF THEM. UH, IS, IS UH, ABOUT TWO INCHES GREATER THAN THREE FOOT. SO, UM, BUT, UH, , SO THE QUESTION FOR YOU ALL IS CAN I KEEP THE THREE FOOT SETBACK OR DO I HAVE TO MODIFY IT AND CAN I MAKE SUGGESTIONS IN TERMS OF HOW TO MODIFY IT? AND TO DO THAT, I WOULD PROBABLY NEED A CONTINUANCE BECAUSE THE OTHER THING I HAD IN MIND DOING WAS TO HIRE AN ARCHITECT TO WORK WITH ME TO DO, FIND OUT THE MINIMUM WITHOUT TAKING THE WHOLE THING DOWN. OKAY. WELL, WE HAVE SOME QUESTIONS FOR YOU. SURE. UH, COMMISSIONER ZUNA, UH, QUESTION, HAVE YOU SPOKEN TO YOUR NEIGHBOR THAT'S MOST AFFECTED, UM, ON THAT SIDE? WHAT IS THERE, BECAUSE I SAW, I ASSUME HE'S THE ONE WHO, UH, BROUGHT THIS TO THE ATTENTION OF THE CITY. RIGHT. SO BECAUSE THERE'S A, A LOT OF OTHER, UH, DECKS THROUGHOUT THE NEIGHBORHOOD AND, AND I CHECKED WITH THE HOA AND THEY DIDN'T EVEN HAVE ANY QUESTIONS. THEY MORE OR LESS SAID IT WAS FINE. SO I DON'T THINK THE HOA WELL INVOLVED MUCH. SO WHAT I, WHAT I'VE FOUND IS THAT THIS I HOUSE WAS BUILT IN 19 84, 83 OR 84, RIGHT? UH, YOUR PLAT WAS DONE IN 1983, AND IT WAS IN THE ETJ AT THE TIME. IT WAS NOT IN THE CITY LIMITS PROPER. UH, BUT IT DID PREDATE THE 1987 UDC. AND BACK THEN, UH, WHEN THIS, UH, IT, IT, IT WAS DENOTED AS A ZERO LOT LINE ON THE PLAT MM-HMM . UH, THERE ARE ALSO REFERENCED DEED RESTRICTIONS. SO THERE'S A MAINTENANCE EASEMENT THAT RUNS DOWN THE SIDE OF YOUR, OF THAT PARTICULAR PROPERTY FOR THE BENEFIT OF YOUR NEIGHBOR. UH, AND SO THAT'S SOME, THAT'S WHY, YOU KNOW, IT'S, IT'S EVEN MORE IMPORTANT NOT TO, NOT TO BUILD ON THAT PARTICULAR SIDE, UH, OF THE LOT. SO, UM, WITH THAT IS THERE IS ANY QUESTIONS, COMMISSIONER? MAD. SO DID, SO DID IT STATE WHAT THE SIZE OF THAT EASEMENT WAS? I AM LOOKING FOR IT RIGHT NOW. YEAH. I, I COULDN'T FIND ANYTHING. SO, UM, AND SO PART OF THE DIALOGUE, BECAUSE IT IS A ZERO LOT LINE, UM, THE NEIGHBOR HAS TO BE ABLE TO GET TO THAT SIDE PROPERTY AND MAINTAIN THE ROOF, THE GUTTER, THE, THE, ANY OF THE WALL AND CONSTRUCTION THERE. AND, AND SO, SO IT SHOULD BE THE CASE THAT, UM, AN A BUDDYING NEIGHBOR SHOULD NOT BUILD ANYTHING IN THAT SPACE SO THAT THE NEIGHBOR CAN CONTINUE TO, UM, LEVERAGE THAT EASEMENT SO THEY CAN MANAGE THEIR, THEIR HOUSE. SECOND THING THAT WE ALWAYS TALK ABOUT IS, UM, FIRE, FIRE SUPPRESSION AND FIREWALLS. AND SO WITH A CARPORT OR, OR, OR WITH A COVERED CANOPY, YOU KNOW, FIRE DEPARTMENTS CAN STILL GET BY WHERE ALL OF A SUDDEN NOW IT'S A LOT MORE RESTRICTED. AND SO, SO I DO HAVE CONCERNS WITH REGARDS TO, UM, UM, FIRE ACCESS, YOU KNOW, ESPECIALLY WITH THE ZERO LOT LINE COMPONENT OF IT. SO, UM, SO WHEN WE FIND OUT WHAT THAT SPACE IS, THAT MAY BE, YOU KNOW, SOMETHING THAT I WOULD THINK ABOUT WITH REGARDS TO WHAT SPACING WE'RE LOOKING FOR ON THE SIDE THERE. OKAY. UH, ANY OTHER COMMISSIONER QUESTIONS? STEVENS? COMMISSIONER STEVENS? UH, DO WE HAVE A SURVEY OR A PLAT OR ANYTHING THAT WE CAN ESTABLISH WHERE THE ACTUAL PROPERTY LINE IS? 'CAUSE I, I'M SEEING LIKE THE, THE RAIN CATCHMENT CISTERN, THAT'S APPEARS TO BE IN YOUR YARD, BUT, UM, THAT'S, THAT'S WHAT I NEED TO GET A GRIP ON. THINGS LIKE WHERE THIS PROPERTY LINE IS STAFF DID, DID THE APPLICANT INCLUDE A, ANY KIND OF A SURVEY? UH, THE APPLICATION DID NOT INCLUDE A SURVEY FOR THIS PROPERTY IN OUR SITE VISIT. UH, WE WERE UNABLE TO GAIN ACCESS TO THE REAR YARD AREA. UM, SO TRYING TO FIND THE PLAT RIGHT NOW FOR THAT PROPERTY. HOPEFULLY THAT CAN SHED SOME LIGHT ON IT. UM, YEAH, I FOUND, I MEAN, THE PLAT IS, I FOUND THAT, I MEAN THERE'S LOOKING AT A 98 FOOT LOT WIDTH, BUT OBVIOUSLY NEED TO KNOW WHERE THOSE TWO POINTS ARE. UM, WE DID NOT RECEIVE A SURVEY. OKAY. DID YOU WANT ME TO, UM, GET YOU THE VOLUME AND PAGE OF THE PLAT? I, I'VE GOT IT HERE. OKAY. THANK YOU THOUGH. QUESTION FOR THE APPLICANT? YES. COMMISSIONER UNI. SIR, HOW MUCH DID YOU SPEND ON THIS PROJECT? UM, ABOUT $7,500. GOTCHA. OKAY. AND, AND, UM, YOU HAD A LICENSED CONTRACTOR OR IS THIS JUST SOMEBODY YOU KNEW BUILT IT? WELL, HIS, HIS NAME'S PAUL LOZANO. HE EVIDENTLY HAS BUILT, UM, UH, CLOSE TO A HUNDRED OF THESE FOR OTHER PEOPLE THROUGHOUT THE CITY AND, AND AREAS OUTSIDE THE CITY. SO I TRUSTED THAT HE KNEW WHAT HE WAS DOING AND IT WAS OKAY WITH THE HOA, UH, [00:45:02] I GUESS HE MAY HAVE ASSUMED THAT THIS WAS A GATED COMMUNITY AND NOT, UH, UNDER THE CITY OF SAN ANTONIO CO. I DON'T, I DON'T KNOW, BUT HE DID NOT OBTAIN A, UH, PERMIT. OKAY, THANK YOU. AND THEN CITY REAL QUICK, HIS NEIGHBOR AT 13 653, THEY HAVE LIKE A LITTLE METAL CARPORT. ARE THEY OUTTA COMPLIANCE AS WELL? YES, WE OBSERVED A, WELL, A COUPLE OTHER COMPLIANCE IN THE NEIGHBORHOOD. YES, SIR. I MEAN, FOR EXAMPLE, LIKE DIDN'T COMPLAIN, SO I ASSUME IT WAS THE ONE ON THE LEFT. I'M SORRY, ONE MORE TIME. I DIDN'T, I COULDN'T, I DIDN'T CATCH. OH, WHAT'D YOU SAY? CAN YOU REPEAT THAT PLEASE? REPEAT WHAT NOW? YEAH, WHAT YOU JUST SAID. YOU HAVE TO SPEAK INTO THE MIC, SIR. OH, YES. I, I I ASSUME IT WAS MY NEIGHBOR ON THE LEFT THAT MAY HAVE BROUGHT THIS TO THE ATTENTION OF THE CITY. OKAY, THANK YOU. NOW I HAVE A COUPLE OF QUESTIONS. UH, YOU SURE, GO AHEAD. CAN, CAN THE SETBACK BE ANYTHING LESS THAN FIVE FOOT NUMBER ONE AND NUMBER TWO IN TERMS OF FIRE ISSUES? UM, WOULD IT BE POSSIBLE FOR ME TO, TO PUT A, UH, MAKE THAT WALL METAL AND USE, UH, FIREPROOF INSULATION BEHIND THAT? UM, WELL THERE'S, THERE'S TWO ISSUES AT BAY HERE. ONE, UM, IT'S, IT, IT'S, IT'S SOMETHING WE DON'T GET INVOLVED WITH. IT'S A, IT'S A CIVIL ASPECT OF IT IS THAT THERE, YOUR PLAT, YOUR PLAT DOES REFERENCE DEED RESTRICTIONS AND EVEN IN THE ABSENCE OF THE DEED RESTRICTIONS, YOU KNOW, PRIOR TO, PRIOR TO THE 87 UDC OR EVEN AT THE 87 U UNIFIED DEVELOPMENT CODE, ZERO LOT LINE SUBDIVISIONS HAD A FIVE FOOT MAINTENANCE EASEMENT. UH, TODAY, IF YOU WERE TO DO A DEVELOPMENT LIKE THIS TODAY, IT WOULD BE A LITTLE BIT MORE DETAILED AND IT WOULD BE EXPRESSED DIFFERENTLY, UM, ON YOUR PLAT. IT WOULD BE PROCESSED DIFFERENTLY. IT'D BE A LOT MORE, UM, OUT IN THE OPEN AND OBVIOUS INSTEAD OF DE RESTRICTIONS THAT WE CAN'T SEEM TO FIND, UH, RIGHT NOW. YEAH. BUT, UH, IN THIS CASE, UM, YOU KNOW, YOU DO HAVE THE ZERO LOT LINE SUBDIVISION AND JUST FOLLOWING THE MINIMAL CITY CODE THAT DOES REQUIRE A FIVE FOOT MAINTENANCE ACCESS EASEMENT. UH, AND SO THAT'S, IT'S THE FIVE FOOT IS IS THERE FOR A REASON. RIGHT NOW, IF THIS WERE TO GET WAIVED BY THIS BOARD, YOU WOULD STILL HAVE TO MEET THE PERMITTING REQUIREMENTS AND HAVE FIRE PROTECTION AND, AND ANYTHING ELSE THAT WOULD BE REQUIRED BY THE BUILDING CODE. UH, WHAT THAT IS IS NOT SOMETHING WE GET INVOLVED WITH. UH, IT IS SOMETHING THAT YOU WOULD HAVE TO DEAL WITH PERMITTING AT THE CITY. WE'RE JUST HERE TO SEE WHETHER OR NOT YOU SHOULD BE, UH, GRANTED, UH, A WAIVER FOR THAT FIVE FOOT SETBACK. YEAH. AND THAT'S OUT , RIGHT? IT'S EVIDENTLY OUT. SO CHAIR, I HAVE A QUESTION. UM, I WANTED TO ASK, UH, APPLICANT, UH, THE RAIN BARREL, THE RAIN CONTAINER THAT IS ON YOUR NEIGHBOR'S, RIGHT? UH, GUTTER SPOUT, IS THAT SOMETHING THAT YOU PUT THERE OR DID YOUR NEIGHBOR PUT THERE? I I ASKED HIM, YOU ASKED HIM TO PUT THAT, UH, COLLECT THE WATER OFF OF HIS ROOF TO GO IN MY RAIN BARREL? I, I MAY BE MOVING THAT THOUGH, BUT IT, IT STILL SHOULD BE THERE BECAUSE, UH, WATER, UM, SHOULD BE PREVENTED FROM BEING EXCESSIVE BECAUSE IT'S PROTECTING HIS FOOTING, THE FOOTING OF HIS HOUSE. AND YOUR, AND YOUR PROPERTY IS WE IS FOOTING? YES. UM, AND THE FENCE, THE, THE FENCE THAT IS PARALLEL TO THE EDGE, THE CORNER OF YOUR NEIGHBOR'S HOUSE, UM, THAT IS, I'M ASSUMING NOT ON HIS PROPERTY LINE. YOU DON'T KNOW FOR SURE. IT'S DIRECTLY IN LINE WITH, WITH HIS WALL. IT'S SO, AND, AND JUST SO YOU KNOW, I DID FIND IT IS A SIX FOOT MAINTENANCE EASEMENT THAT'S ACTUALLY ON THE PLAT. THAT'S, THAT'S THAT EVERY LOT IS ENCUMBERED IN THIS SUBDIVISION. SO THAT IS, UH, JUST SOMETHING TO POINT OUT. OKAY. IS THERE ANYONE, SENATOR, TO SPEAK ANY VOICE? UH, NO. I'M NOT GONNA SAY VOICEMAILS. NO PUBLIC COMMENT. OKAY. ANY OTHER QUESTIONS, SIR? IS THERE ANYTHING ELSE YOU'D LIKE TO YES, I WAS WONDERING IF I COULD HAVE A CONTINUANCE SO THAT I COULD HIRE AN ARCHITECT TO WORK OUT THE MINIMUM THAT I NEED TO DO TO, UH, NOT TAKE THE WHOLE STRUCTURE DOWN. WELL, IF A COMMISSIONER LIKE TO OFFER, UH, A MOTION FOR SUCH A THING THAT THEY CAN CERTAINLY DO. SO, UH, YES. I WILL JUST TELL YOU THAT, YOU KNOW, YOU HAVE A, YOU DO HAVE A PLATTED SIX FOOT WIDE MAINTENANCE EASEMENT. THE CITY CODE DOES REQUIRE FIVE FOOT MAINTENANCE [00:50:01] EASEMENTS ON YES. ZERO LOT LINES. AND I WOULD, I WOULD COMPLY WITH THAT, BUT I'M, I'M, WELL, IF YOU HAVE ANYTHING, YOU'RE, YOU'RE RIGHT NOW WHAT YOUR, YOUR PRESENCE BEFORE THIS BOARD IS BECAUSE YOU'RE NOT IN COMPLIANCE WITH OKAY. WITH THAT. SO, OKAY. IN, IN OTHER WORDS, IF, IF I, UH, SAY I'M GOING TO, UH, MOVE IT BACK SO THAT THERE'S FIVE FOOT, IF IT WAS FIVE FEET AWAY FROM THE PROPERTY LINE, THAT'S ALL YOU NEED. THAT'S THEN THE CITY WOULD HAVE NOTHING, NO REASON TO, UH, YEAH, TO TURN YOU INTO KOKOMO BECAUSE I'M GONNA HAVE TO CUT IT BACK. UH, NOT, NOT JUST FROM THE NEIGHBOR'S SIDE, BUT ALSO ALL THE WAY UP TO THE UPPER DECK. RIGHT? SO BRAGMAN, YES. COMMISSIONER BRAGMAN, SIR? YES MA'AM. HOW WIDE IS THAT STRUCTURE? THAT WAS BUILT? THE, THE HOW WIDE IS IT? WHERE NOW? HOW, HOW WIDE IS THAT ADDITION THAT WAS BUILT ON, OH, ON THE TOP, ON THE BOTTOM. THIS DISTANCE RIGHT HERE. WELL, IT'S, UM, YOU, YOU CAN SEE IT? YES. CAN I PUT, I CAN . OH, LET'S SEE. UH, DO YOU HAVE THE PICTURE THAT SHOWS THE RULER? YEAH, RIGHT ACROSS IT. YEAH, THAT ONE RIGHT THERE. YEAH. IN OTHER WORDS, I, TO, TO, TO ACCOMMODATE THE FIVE FOOT SETBACK, I WOULD HAVE TO MOVE THE WALL ALL THE WAY TO THE END OF THAT RULER. IN OTHER WORDS THAT THE FIRST RULER IS THREE FOOT, AND THEN THERE'S, THAT'S TWO FOOT ADDITION. SO I WOULD HAVE TO MOVE, SIR. THE, THE, THE THING ABOUT THIS IS, IS THAT YOU MAY HAVE A ZERO SETBACK LINE, BUT ONE OF THE REASONS WHY WE DO LIKE TO SEE SURVEYS IS BECAUSE THERE'S A ROOF OVERHANG FROM YOUR NEIGHBOR THAT STICKS OUT ABOUT 12 TO 15 INCHES. YEAH. AND SO IN THEORY, THEY, THAT THE PROPERTY LAND MIGHT ACTUALLY BE AT THE EDGE OF THAT, OF THAT ROOF OVERHANG AND NOT, NOT NECESSARILY THE FACE OF THE BRICK. OKAY. AND, AND IN OTHER WORDS, I, I WOULD NEED TO MOVE THE WALL BACK TO THE FIVE FOOT MARK. NO, NO. WHAT WHAT YOU NEED TO DO IS, IS YOU NEED TO GET A SURVEYOR AND ACTUALLY FIGURE OUT WHERE EXACTLY THAT PROPERTY LINE IS, AND THAT'S WHERE THE FIVE FEET STARTS. DO YOU HAVE A SURVEY? OKAY, WELL, DO YOU HAVE A PROPERTY SURVEY, SIR? NO, BUT THAT'S WHAT I WAS WANTING TO HIRE AN ARCHITECT FOR THE, NOT, NOT ONLY BECAUSE YEAH, THE, THE, THE, USUALLY WHEN, WHEN A HOME IS PURCHASED, SOMETIMES THERE'S A TITLE SURVEY INVOLVED AND THEY WOULD DENOTE THESE SORT OF THINGS. BUT WE'RE GETTING OFF TOPIC HERE. I MEAN, WE'RE, WE'RE HERE TO DISCUSS WHETHER OR NOT THE STRUCTURE CAN EXIST, UH, WITHIN THE FIVE FEET, WHEREVER THE PROPERTY LINE IS. RIGHT. WHETHER IT'S AGAINST THE WALL, THEY'RE 15 INCHES AWAY. YEAH. AND SO WITH THAT, UM, UNLESS YOU HAVE ANYTHING ELSE TO, TO ADD. YEAH, NO. IN OTHER WORDS, I'M WILLING TO MOVE IT, THE WHOLE STRUCTURE BACK FIVE FEET. OKAY. WELL, GREAT. STEVENS, COMMISSIONER STEVENS, I'D MOVE FOR CONTINUANCE SO THAT THE APPLICANT CAN ESTABLISH WHERE THAT PROPERTY LINE IS. THAT SOUNDS FINE. SECOND. OKAY. IS THERE SOMEONE WHO'D LIKE TO SECOND THAT MOTION? SECOND. YOU HAVE A DATE. HIRE AN ARCHITECT. OKAY, SO WE HAVE A SEC, A COMMOTION, A SECOND. IS THERE A DATE THAT YOU WOULD, THAT WOULD BE HELPFUL FOR YOU? UH, LET'S SEE. THIS JUNE, WE MEET, UH, WE MEET ON THE 15TH OF JUNE TOWARDS THE END OF JULY. IS THAT, WELL, WE CAN DO A CONTINUANCE UP TO A MONTH. AND SO THAT WOULD TAKE US TO THE, UH, SIXTH. 6TH OF JULY. 6TH OF JULY. OKAY. THAT WOULD BE ALL RIGHT. THAT'D BE FINE. OKAY. ALRIGHT. UH, SO WE HAVE A MOTION A SECOND FOR CONTING TO JULY 6TH. ALL IN FAVOR SAY AYE. A. ANYONE OPPOSED? HEARING NONE. UH, WE WILL SEE YOU ON JULY 6TH. UH, MAYBE I CAN MAKE A POWERPOINT TO DO THIS. YES, SIR. THANK YOU VERY MUCH. ITEM FOUR? UH, I CAN, OKAY. GOOD AFTERNOON. UM, BO OA DASH 26 DASH 1 0 3 0 0 9 0 IS LOCATED IN DISTRICT TWO AT 9 2 9 RICE ROAD. THE ZONING IS R FIVE AND THE REQUEST IS FOR AN EIGHT FOOT VARIANCE FROM THE MAXIMUM FIVE FOOT PREDOMINANTLY OPEN FRONT YARD FENCE REQUIREMENT. IT'S A 13 FOOT PREDOMINANTLY OPEN GATE ON THE SOUTHWEST PORTION OF THE FRONT PROPERTY LINE. THE SUBJECT PROPERTY IS LOCATED ALONG RICE ROAD IN THE MIDDLE OF A BLOCK THAT IS ZONED PRIMARILY R FIVE TO [00:55:01] THE EAST. AND ALTHOUGH ABUTTING R FIVE TO THE WEST IS WITHIN PROXIMITY TO C ONE MF 33 AND C TWO TO THE WEST IN MARCH OF 2025, A CODE ENFORCEMENT INVESTIGATION WAS CONDUCTED FOR BUILDING WITHOUT A PERMIT. THERE'S A RESIDENTIAL FENCE APPLICATION THAT REQUIRES ADDITIONAL INFORMATION TO PROCEED AND IS PENDING THE OUTCOME FROM THE BOARD OF ADJUSTMENT. THE GATE, WHICH IS THE SUBJECT OF THE FENCE HEIGHT VARIANCE, STILL EXISTS PER STAFF VISIT TO THE PROPERTY. IN MAY OF 2026. THE APPLICANT MAY EITHER ALTER OR RECONSTRUCT A GATE TO ADHERE TO UNIFIED DEVELOPMENT CODE REGULATIONS OR REQUEST A VARIANCE FROM THE BOARD OF ADJUSTMENT. AND THIS IS THE SITE PLAN. THAT YELLOW BOX IS THE LOCATION OF THE GATE. THIS IS THE SUBJECT PROPERTY. THIS IS THE SURROUNDING AREA. STAFF RECOMMENDS DENIAL FOR THE FENCE HEIGHT VARIANCE BASED ON THE FALL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE GRANTING AN INCREASE TO THE FENCE HEIGHT TO PERMIT THE 13 FOOT PREDOMINANTLY OPEN GATE. WILL NOT OBSERVE THE SPHERE OF THE ORDINANCE AS THE HEIGHT DOES NOT ENCOURAGE COHESIVE AND CONSISTENT DEVELOPMENT WITHIN THE ESTABLISHED RESIDENTIAL AREA. AND THE PROPERTY CAN ACCOMMODATE A GATE THAT COMPLIES WITH UNIFIED DEVELOPMENT CODE FENCE HEIGHT STANDARDS, WHILE ALSO PROVIDING A LEVEL OF SECURITY AND PRIVACY. STAFF MAILED 25 NOTICES. ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION FOR VOICEMAILS. WE ALSO RECEIVED ONE IN FAVOR AND ZERO IN OPPOSITION. DEL CREST AREA NEIGHBORHOOD ASSOCIATION IS IN SUPPORT. AND THIS CONCLUDES STAFF'S PRESENTATION. THANK YOU VERY MUCH. HAVE THE APPLICANT COME FORWARD. HELLO. PLEASE STATE YOUR NAME, TELL US ABOUT YOUR DATE. CAROLYN RANDALL. UM, THE GATES WAS A DREAM OF MINE. UM, I PURCHASED THIS PROPERTY. IT WAS ABANDONED. UH, IT WAS DECAPITATED. IT WAS REALLY IN BAD SHAPE. IT HAD BEEN ABANDONED FOR MORE THAN 15 YEARS. HOMELESS PEOPLE HAD GOT IN THERE AND MADE A BIG MESS INSIDE THE HOUSE AND OUTSIDE THE HOUSE. UM, NEIGHBORS WAS REALLY UPSET. AND, UM, I GOT WITH SOME COLLEGE BUDDIES AND HIS FATHER'S A MASTER WELDER AND THEY HELPED ME DO THE GATES ON A BUDGET. UM, AND TOOK ALL THE MONEY I HAD SAVED TO DO THE GATES. I LOVE PEACOCKS, SO I PUT PEACOCKS IN THE MIDDLE OF IT AND THEY CAME OUT TO BE HIRED THAN EXPECTED. UM, WHEN I PURCHASED THIS PROPERTY, I WAS TOLD THAT WE WAS NOT IN THE CITY, SO I DID NOT GET A PERMIT. BUT AS SOON AS THE CO COMPLIANCE LADY CAME BY, I PUT IN FOR THE PERMIT AND THEN SHE TOLD ME THAT THE GATES WAS TOO HIGH. SO THEN, UM, I WAS DOING ANOTHER PERMIT AND THEN SHE TOLD ME I HAD TO DO SOMETHING LIKE A VARIANCE. DIDN'T UNDERSTAND THAT PART. SHE WAS VERY VAGUE WITH ME. SHE WANTED TO ARGUE ME DOWN THAT I WAS NOT THE OWNER, THAT I WAS PRETTY MUCH TOO YOUNG FOR THAT. AND, AND I HATE THAT KIND OF PROFILING . UM, I WAS LIKE, I AM THE OWNER AND THIS IS MY DREAM HOME AND I'M JUST TRYING TO DO WHAT'S IN MY HEART AND WHAT'S RIGHT FOR THE NEIGHBORHOOD. I GREW UP ON THE EAST SIDE OF SAN ANTONIO. I GRADUATED FROM SAM HOUSTON HIGH SCHOOL AND I'M COMING HOME. THIS IS GONNA BE MY HOME OR WHATEVER. AND I'M JUST TRYING, I'M JUST TRYING WITH WHAT I HAVE. I'M A DAVE RAMSEY GIRL. HE TEACHES, UH, LIVE WITHIN YOUR MEANS. UM, DON'T GO INTO DEBT, STAY OUTTA DEBT. SO I JUST, THAT'S WHAT I'M TRYING TO DO. SO I DID THE VARIANCE. I SAVED THE $600 AND NOW I'M BEFORE Y'ALL. THIS IS ALL I HAVE AND I'M TRYING, I HAVE A COUPLE OF NEIGHBORS HERE. I MET WITH MORE NEIGHBORS YESTERDAY. IT WENT PRETTY GOOD. ONE WAS REALLY NASTY TO ME. AGAIN, A YOUNG GIRL, YOU'RE STUPID. YOU DON'T KNOW WHAT YOU'RE DOING. THAT KIND OF THING. DIDN'T LIKE THAT. OKAY. WELL IT ALSO LOOKS LIKE YOU RENOVATED THE HOUSE. I'M RENOVATED AS WELL. LOOKS DIFFERENT THAN WHAT IT USED TO LOOK LIKE. YES, IT IS. I'M TRYING. I'VE GOTTEN IT LEVELED. I'VE GOTTEN A ROOF PUT ON. UM, I HAVEN'T STARTED INSIDE THE HOUSE. I WAS TRYING TO DO THE OUTSIDE FIRST BECAUSE IT LOOKED REALLY, REALLY BAD. I MET WITH THE NEIGHBORHOOD ASSOCIATION LADIES AND TOLD THEM THAT I'M JUST TRYING, I'M A DAVE RAMSEY GIRL. I DON'T BORROW MONEY. SO I'M WORKING THREE JOBS AND I'M JUST TRYING, I'M TRYING TO DO WITH WITHIN MY MEANS. ALL RIGHT. AND I'M IN COLLEGE. I'M A ST. MARY'S UNIVERSITY LAW STUDENT. WONDERFUL. LET'S SEE IF WE HAVE ANY QUESTIONS FOR YOU. ANY QUESTIONS FROM THE COMMISSION? STEVENS, MR. STEVENS. I LOVE IT. I THINK IT'S GREAT. THANK YOU. YOU AND I'M GOING ALLOW SOME SPACE FOR DEBATE, BUT I'M READY TO MAKE A MOTION WHENEVER. OKAY. ANYONE ELSE LIKE TO ADD? COMMISSIONER UMANA? SO I, I THINK THERE MAY BE SOME SPEAKERS HERE THAT ARE SIGNED UP TO SPEAK, SO, UM, OKAY. YES. UH, SO WHAT WE'RE GONNA DO IS WE'RE GONNA SEE IF ANYONE SIGNED UP TO SPEAK AND WOULD LIKE TO EXPRESS THEIR OPINION, UH, STAFF. IS THERE ANYONE SIGNED UP TO SPEAK ON THIS MATTER? YES. CHAIR. UM, FIRST ONE IS SUZANNE MARTINEZ. SO WE'LL, WE'LL COME ON UP AND STATE YOUR NAME AND TELL US YOUR THOUGHTS. OKAY. MY NAME IS SUZANNE MARTINEZ AND I RESIDE AT 9 3 2 RICE ROAD. HOW DOES SHE SPELL MISS? OH YEAH, YOU HAD TO GET THAT 9 3 2 RICE ROAD. [01:00:01] SUZANNE MARTINEZ. I WROTE A LITTLE SOMETHING ON MY PHONE, SO IF YOU DON'T MIND, . SURE, SURE. OKAY. UM, SO I LIVE ACROSS THE STREET FROM CAROLYN RANDALL'S HOUSE, AND I SEE IT EVERY DAY. I, I'M IN FAVOR OF LETTING THE ENTRY GATE REMAIN AS IS. IT'S IMPORTANT TO GIVE A LITTLE BIT OF CONTEXT AND BACKSTORY AS I KNOW IT, IF THAT'S OKAY. SURE. OKAY. UM, I HAVE WITNESSED EVENTS THAT HAVE TAKEN PLACE SINCE 1984. THE ENTIRE FAMILY THAT OWNED THE HOUSE WAS RAVAGED BY HUNTINGTON'S DISEASE. THE LAST REMAINING SON WAS TAKEN AWAY BY AMBULANCE AND SOON PASSED AWAY. SINCE THEN, AT LEAST FOR 15 YEARS, THE HOUSE BECAME D DILAPIDATED. UM, AND I WOULD TELL THE OTHER NEIGHBORS THEY SHOULD JUST TEAR IT DOWN AND START ALL OVER AGAIN. UM, SQUATTERS AND SCAMMERS TOOK FULL ADVANTAGE OF THE SITUATION. THERE WAS, UM, AN ONLINE AD THAT WAS POSTED AND PEOPLE WOULD RENT THE HOUSE UNSEEN, GO OVER THERE WITH THEIR STUFF, AND THEN IT WAS ABANDONED . UM, SO THEY GOT SCAMMED OUTTA THEIR MONEY AND THAT I, AGAIN, 15 YEARS. UM, CAROLYN GOT THE FAMILY TOGETHER, AND MIRACULOUSLY THEY AGREED TO SELL THE HOUSE TO HER. UM, SINCE CAROLYN'S OWNERSHIP, TRASH HAS BEEN REMOVED, THE HIGH GRASS WAS CUT. UM, THE OLD GATE AROUND THE PROPERTY WAS FALLING DOWN. IT WAS JUST A REGULAR METAL GATE, I MEAN, JUST A GATE. UM, AND IT'S BEEN REPLACED WITH THAT BEAUTIFUL BLACK ONE. UM, THE HOUSE WAS LEVELED AND SHE'S BEGINNING TO REPAIR THE INSIDE OF THE HOUSE. I SAW IT YESTERDAY. UM, I NOW SEE THAT SOMETHING OLD CAN BE MADE NEW AGAIN. THERE'S A PEACOCK DESIGN, YOU COULD SEE THAT. AND IT REMINDS ME OF THE ELVIS PRESLEY GRACELAND MANSION, UM, GATE. AND, YOU KNOW, IT JUST BEAUTIFIES OUR NEIGHBORHOOD, YOU KNOW, AND WE TAKE PRIDE IN OUR, OUR STREET, ALL THE, YOU KNOW, SURROUNDING NEIGHBORS. AND, UM, TO ME IT'S JUST, IT JUST ADDS TO THE BEAUTY OF IT, OF OUR STREET. UM, I HAVE 24 PEOPLE ON THE NEXTDOOR APP. I STARTED A CONVERSATION, UH, COMMENTING THAT THEY LOVE THE GATE. UM, I DIDN'T SEE ANY NEGATIVE COMMENTS. THIS, YEAH. UM, AND, UM, TO HAVE MS. MIRANDA REMOVE IT, IT WOULD BE A WASTE OF TIME, ENERGY, UM, YOU KNOW, AND MONEY. UM, YOU KNOW, UM, IN ADDITION, VAGRANTS WOULD TAKE UP HOUSING ONCE AGAIN. AND, UM, I THANK YOU FOR YOUR TIME. THAT'S ALL I HAVE. THANK YOU. OKAY. IS THERE ANOTHER SPEAKER? UH, DIANE QUAY. ALL RIGHT. COMING UP AND STATE YOUR NAME AND TELL US YOUR THOUGHTS. I'M GIANNA A AND I LIVE AT 2 0 2 GLEN OAK DRIVE. THAT'S THE STREET BEHIND THE, THAT'S ME RIGHT THERE WITH A STAR. OKAY. I'M VERY HAPPY WITH THE, UH, IMPROVEMENT. THAT'S MS. CAROLINE. CAROLINE IS, UH, DOING TO THE PROPERTY ALL GOOD. BUT I HAVE ONE MAIN CONCERN. WE LIVE IN A VERY, AND THIS IS THE, TO, TO CORRECT JOHN. I'VE BEEN THERE FOR OVER 31 YEARS. AND IT'S THE SOUTHEAST SIDE. IT'S BETWEEN MARTIN LUTHER KING, WW WHITE IN THE CIRCLE AND THE RADIUS OF RIGSBY, NOT PAST RIGSBY. IT'S A VERY HIGH CRIME AREA. I KNOW. 'CAUSE I CALL BY, UM, NINE ONE ONE QUITE OFTEN. GUNSHOTS, UH, CRACK HEADS. I DON'T KNOW WHAT'S GOING ON, BUT I CALL AND REPORT IT ALL THE TIME AT NIGHT. I'M NOT THAT YOUNG ANYMORE, SO I CAN'T BE TOLERATING ALL THAT VIOLENCE. THERE'S A LOT, A LOT OF VIOLENCE. I SEE IT ALL THE TIME. ABANDONED DOGS LEFT AND RIGHT AT EVERY CORNER AT THE CHURCHES, THERE'S THE CHURCHES RIGHT THERE ON THE CORNER OF, UH, MS. CAROLYN'S RIGHT THERE ON UM, RIGHT WORD. I JUST HAVE TO TAKE A BREATH. I HAVE A RESPIRATORY ISSUE. SORRY. BUT ANYWAY, THAT'S WHAT CONCERNS ME BECAUSE IT'S VERY DARK AT NIGHT. I LOVE THE FENCE THAT SHE PUT UP. THAT'S ALL GOOD. BUT THE PROBLEM IS THAT I WANNA KNOW, I WANT Y'ALL TO CLARIFY TO ME, PLEASE. SO SHE'S JUST ASKING FOR A PERMIT FOR THE 13 FOOT FENCE IN THE FRONT, BECAUSE SHE ADDRESSED SOME, UM, THINGS THAT SHE HAS PLANS FOR TO BRING IN HOMELESS PEOPLE, AND SHE DOESN'T NEED A LICENSE OR A PERMIT. THAT'S WHAT SHE SAID. WE HAD A LITTLE, UH, MEETING YESTERDAY AT HER PROPERTY. THAT'S WHAT SHE TOLD [01:05:01] US. I KNOW THAT'S NOT TRUE. YOU CANNOT BRING IN EVEN IF THERE ARE ADULTS OR NOT, IF THEY'RE HAVING ANY, MOST OF THE PEOPLE I KNOW BECAUSE I VOLUNTEERED WITH THE CRISIS CENTER ON ELMIRA, THE SALVATION ARMY. SO I WORKED WITH THOSE KIND OF PEOPLE. I MEAN, NOBODY'S PERFECT. I UNDERSTAND. EVERYBODY DESERVES A SECOND CHANCE, BUT WE ALREADY HAVE A LOT OF ISSUES IN THAT AREA. VIOLENT ISSUES, KAINE'S, RAPINGS, THE WHOLE, THAT GREENERY WHERE THEY KILLED THAT LADY. ANYWAY, THAT'S WHAT MY MAIN CONCERN IS. WELL, WE'RE, WE'RE JUST HERE TO DISCUSS THE GATE AND RIGHT. ANYTHING SHE USES THE PROPERTY FOR THAT IS MAY OR MAY NOT BE ALLOWED, IS A SEPARATE, THAT'S CORRECT. WELL, THAT'S WHY I'M HERE, BECAUSE THAT'S WHAT I THOUGHT, AND THAT'S WHY I WANTED TO CLARIFY THIS ISSUE. WE'RE SOLELY HERE TO TALK ABOUT AND ONLY THE ENTRY DATE. OKAY. YES. THAT, I JUST WANTED TO MAKE SURE. OKAY. SO, OKAY. THANK YOU. NO MORE PUBLIC COMMENT. OKAY. MANANA. THANK YOU, COMMISSIONER, MAN. THANK YOU. THANK YOU. SO, QUESTION FOR CITY. UM, THIS FENCE IS QUITE HIGH. SO CAN WE APPROVE A 13 FOOT FENCE ON THE FRONT? YES, SIR. UH, IT'S A, IT'S A REGULAR VARIANCE. IT'S NOT A SPECIAL EXEMPTION SINCE IT'S OVER NINE FEET, BUT YES, YOU CAN APPROVE IT. COMMISSIONER ZUNA, COULD WE ALSO LIMIT THE HEIGHT TO JUST THE GATE ENTRY? UH, PORTION OF THE FENCE? RIGHT. OKAY. MOTION. WERE WE, SO WE COULD, HOW DO WE JUST REFERENCE THE GATE AND NOT SOUTHWEST PORTION? VARI THE VARIANCES IS WRITTEN RIGHT NOW, ALREADY SAYS TO ALLOW THE PREDOMINANTLY OPEN GATE ON THE SOUTHWEST PORTION OF THE FRONT PROPERTY LINE. DID YOU WANT IT MORE SPECIFIC THAN THAT? YEAH. WHEN RED YOU CAN, YOU CAN EVEN F GO FURTHER AND SAY, ONLY THE GATE OR SPEC MAKE MORE SPECI SPECIFICITY TO THE GATE. MM-HMM . SO THAT'D BE, THAT'D BE FINE. UM, IS, AND JUST, AND JUST TO MAKE SURE, LIKE, YOU KNOW THIS, THERE'S NO CLEAR VISION ISSUES OR ANYTHING. IT'S SIMPLY JUST, WE'RE JUST HERE BY THE GATE HEIGHT. OKAY. CORRECT. IS THERE ANYTHING ELSE YOU'D LIKE TO ADD BEFORE WE MOVE ON? ALL RIGHT, THANK YOU. WHO WOULD LIKE TO MAKE A MOTION ON THIS? I SEE COMMISSIONER ZUNA. COMMISSIONER ZUNA. NO. REGARDING CASE NUMBER BO OH EIGHT DASH 26 DASH 0 3 9, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS A REQUEST FOR AN EIGHT FOOT VARIANCE FROM THE MAXIMUM FIVE FOOT, PREDOMINANTLY OPEN FRONT YARD FENCE REQUIREMENT TO ALLOW A 13 FOOT PREDOMINANTLY OPEN GATE ON THE SOUTHWEST PORTION OF THE FRONT PROPERTY LINE. AGAIN, THE VARIANCE IS LIMITED TO ONLY THE SWINGING GATE SECTION OF THE FENCE, AND NO OTHER PORTIONS OF THE FENCE WOULD BE SUBJECT TO THIS VARIANCE REQUEST. THE, UH, FENCE, THE SUBJECT FENCE IS LOCATED AT 9 2 9 RICE ROAD. APPLICANT BEING CAROLYN RANDALL, BECAUSE THE TESTIMONY PRESENTED TO THE FACT TO US AND THE FACTS THAT WE DETERMINED SO THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACT TO THE PUBLIC INTEREST. UH, GRANTING THE REQUESTED ADDITIONAL HEIGHT FOR THE ENTRY GATE WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST, WOULD PROVIDE A LEVEL OF SAFETY FOR THE PROPERTY OWNER, WHILE STILL PROMOTING A SENSE OF COMMUNITY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STAFF FINDS THAT A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AND THE REQUESTED FENCE HEIGHT VARIANCE FOR THE EXISTING GATE WOULD PROVIDE A RELIEF TO THE PROPERTY OWNER FREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. SUBSTANTIAL JUSTICE WILL BE DONE. SUCH VARIANCE WOULD BE IN THE SPIRIT OF THE ORDINANCE AS A VARIANCE IN HEIGHT. FENCE HEIGHT WOULD BE LIMITED TO THE GATE AND WOULD NOT DISCOURAGE COHESIVE AND INCONSISTENT DEVELOPMENT WITHIN THE ESTABLISHED RESIDENTIAL AREA. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE AS THOSE SPECIFICALLY AUTHORIZED. THE ZONING DISTRICT, WHICH THE VARIANCE IS LOCATED, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THE PROPERTY IS LOCATED. GRANTING THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS. THE PROPOSED VARIANCE IS LIMITED TO THE GATE ONLY, AND THE VARIANCE WOULD NOT REDUCE VISIBILITY WITHIN THE AREA. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SALT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS AND IS IN THE DISTRICT OF WHICH THE PROPERTY IS LOCATED. THE APPLY TO THE PROPERTY OWNER IS DUE TO THE UNIQUE CIRCUMSTANCES OF THE PROPERTY, WHICH WERE NOT CREATED BY THE OWNER AND ARE NOT MERELY FINANCIAL AND GRANTING THE VARIANCE WOULD PROVIDE SUBSTANTIAL RELIEF TO THE PROPERTY OWNER. AND A MOTION. SECOND, THANK MY COMMISSIONER STEVENS. COMMISSIONER ZUNA. RIGHT. SO I'M GONNA LEAN ON THE NEIGHBORHOOD SUPPORT, THE SUPPORT FROM THE NEIGHBOR ASSOCIATION, UM, AND, AND, UH, YOU KNOW, THE OVERWHELMING SUPPORT THAT SHE RECEIVED FROM THE NEIGHBORS FOR THE FENCE. UH, I, I THINK IT, UH, YOU KNOW, IT'S A TESTAMENT TO THE MONEY AND THE EFFORT THAT THE APPLICANT HAS PUT INTO REHABILITATING THIS PROPERTY AND THE ADDITIONAL SECURITY LIGHTING THAT I SEE FROM THE PICTURES. AND WE'RE [01:10:01] LIMITING THE VARIANCE TO THE FENCE SWINGING GATE SECTION AND NO OTHER SECTIONS OF THE GATE, THE FENCE WOULD BE ALLOWED WITH THIS VARIANCE. SO I'M SUPPORTING THE MOTION AS READ. THANK YOU. COMMISSIONER STEVENS? UH, YEAH, I THINK IT'S A BIT TALL, BUT IT'S BEAUTIFUL AND, UM, I THINK IS A GREAT ADDITION TO OUR DISTRICT. SO I'LL BE IN SUPPORT . GREAT. THANK YOU. ANYONE ELSE LIKE TO ADD HEARING NONE THIS HAVE A ROLL CALL. VOTE. COMMISSIONER ENA? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER BANEZ? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER ENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ? YES. CHAIR ORIAN AND I CONCUR. THE FINE OF FACT. UH, MOTION PASSES UNANIMOUSLY IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU GET WITH STAFF AND CONGRATULATIONS. YOU'RE WELCOME. ITEM FIVE. GOOD AFTERNOON. JOEL VELA, SENIOR PLANNER WITH THE BOARD OF ADJUSTMENT. ITEM FIVE IS CASE BO A DASH 26 DASH 0 3 0 0 9 1. THE APPLICANT BEING CARINA FLORES IN DISTRICT TWO. LOCATION IS 1726 NOLAN STREET. AND THIS IS A REQUEST FOR SEVERAL ITEMS. I'LL JUMP OVER TO THE UH, SITE PLAN HERE ACTUALLY AS WE GO THROUGH THOSE. UM, ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH GUTTERS TO BE ONE INCH FROM THE EAST SIDE PROPERTY LINE TO A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A 16 FOOT ADDITION TO THE REAR OF THE HOME TO BE ONE FOOT SIX INCHES, INCLUDING A TWO FOOT OVERHANG FROM THE WEST SIDE PROPERTY LINE. THREE, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE IN THE REAR YARD TO BE ONE INCH FROM THE WEST SIDE PROPERTY LINE. FOUR OR 50% IMPER, UH, VARIANCE FROM THE MAXIMUM ALLOWABLE 50% FRONT YARD IMPERVIOUS COVER TO ALLOW 100% IMPERVIOUS COVER IN THE FRONT YARD. FIVE A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW AN 11 FOOT, SIX INCH DRIVEWAY CLEAR VISION. AND SIX A ONE FOOT TWO, UH, UH, ONE FOOT TWO INCH FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWABLE FIVE FOOT. PREDOMINANTLY OPEN FENCE TO ALLOW SIX FOOT, TWO INCH, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD. UH, THIS PROPERTY IS SURROUNDED BY LAUNCH ZONED R FOUR AND MF 33. UH, STAFF RESEARCH INCLUDING A SITE VISIT OF THE PROPERTY AND A REVIEW OF HISTORICAL AERIAL AND UH, STREET VIEW IMAGERY. FOUND EVIDENCE OF VARIOUS IMPROVEMENTS COMPLETED ON THE PROPERTY, INCLUDING THE SIX FOOT TALL, PREDOMINANTLY OPEN FENCE INSTALLED IN, UH, MAY, 2014. A METAL ROOFED ACCESSORY STRUCTURE IN THE REAR YARD THAT'S THERE AT THE VERY BOTTOM OF THAT PHOTO SHOWN HERE. UH, IN DECEMBER, 2018, A SIDE YARD CARPORT ESTABLISHED IN OCTOBER, 2021. A REAR YARD HOME ADDITION THERE HIGHLIGHTED IN ORANGE NUMBER TWO, UH, IN EARLY 2025 AND INCREASES TO THE FRONT YARD IMPERVIOUS COVER IN 2017. AND THEN AGAIN IN 2025. EACH OF THESE IMPROVEMENTS VIOLATES EITHER THE FENCE SETBACK OR IMPERVIOUS COVER STANDARDS OF THE UDC. THE PROPERTY IS CURRENTLY UNDER INVESTIGATION BY CODE ENFORCEMENT TO ENSURE APPROPRIATE PERMITS ARE ARE FILED WITH THE DEVELOPMENT SERVICES DEPARTMENT. PERMITS CANNOT BE ISSUED FOR ANY OF THESE IMPROVEMENTS WITHOUT EXISTING CONSTRUCTION BEING MODIFIED OR, UH, THE ISSUANCE OF VARIANCES TO THESE CODE STANDARDS BY THE BOARD OF ADJUSTMENT. SO WE'LL GO THROUGH THESE PHOTOS HERE. THIS IS THE SUBJECT PROPERTY WITH THAT CARPORT, WHICH WAS THE MAIN SUBJECT OF THIS CASE THERE ON THE LEFT SIDE THERE. ALSO SHOWN HERE IS THE, UH, SIX FOOT TALL FRONT YARD FENCE PREDOMINANTLY OPEN. THERE'S A BETTER LOOK OF THAT SIDE, UH, YARD CARPORT AND ITS PROXIMITY TO THE ADJACENT HOME. THIS IS A VIEW OF THE SIDE YARD FROM THE FRONT YARD. UH, YOU CAN KIND OF SEE HERE AND MAKE IT OUT IN THAT PHOTO. THAT ADDITION DONE TO THE REAR YARD OF THE HOME. YOU CAN KIND OF SEE THE CHANGE IN THE PAINT COLOR, UH, AS THAT ADDITION BEGINS AND EXTENDS TOWARDS THE REAR. THIS IS THE FRONT YARD SHOWING, UH, THE CONCRETE AND ASTROTURF PUT DOWN IN THE FRONT YARD, EFFECTIVELY MAKING IT A HUNDRED PERCENT IMPERVIOUS COVER AND THE SURROUNDING AREA. I DON'T THINK I JUMPED TOO FAR AHEAD. NOPE. THERE WE GO. UH, FOR THE SETBACK AND IMPERVIOUS COVER VARIANCES, STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE PROPOSED SETBACKS DO NOT PROVIDE ADEQUATE SEPARATION FROM RESPECTIVE PROPERTY LINES TO ALLOW ACCESS FOR MAINTENANCE OR TO MITIGATE AGAINST POTENTIAL DAMAGE TO ADJACENT PROPERTY FROM FIRE SPREAD OR WATER RUNOFF. AND TWO, THE INCREASED IN PREVIOUS COVER IN THE FRONT YARD IMPEDES PROPER MITIGATION OF STORMWATER RUNOFF FOR THE DRIVEWAY. CLEAR VISION VARIANCE STAFF RECOMMENDS APPROVAL BECAUSE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. IS THERE SUFFICIENT SEPARATION BETWEEN THE STREET AND THIS PREDOMINANTLY OPEN FENCE, ALLOWING ONCOMING [01:15:01] TRAFFIC TO VIEW AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY AND TWO, GRANTING THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE. UH, THE FENCE HEIGHT. SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL. ONE. UH, THE INCREASED FRONT YARD FENCE HEIGHTS WERE NOT OBSERVED TO BE PERMITTED ELSEWHERE IN THE SURROUNDING AREA. AND TWO, INCREASED FRONT YARD FENCE HEIGHTS DO NOT PROMOTE A SENSE OF COMMUNITY THAT IS TYPICALLY DESIRABLE. FEATURE OF RESIDENTIAL DISTRICTS. UH, STAFF MAILED 43 NOTICES ZERO WERE RETURNED IN FAVOR, ZERO IN OPPOSITION. WE RECEIVED NO VOICEMAILS AND THE HARVARD PLACE, EAST LAWN NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. ALL RIGHT, THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME FORWARD. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. FLORES. UM, UM, OKAY. MY NAME IS CARINA FLORES AND I AM ONE OF THE OWNERS AND ALSO MY HUSBAND. UNFORTUNATELY, HE IS RIGHT NOW IN SURGERY AND I'M REALLY SORRY THAT HE CANNOT BE WITH ME BECAUSE I REALLY NEED HIM. AND YES, WE DID SEVERAL REMODELING. I DON'T REMEMBER EXACTLY HOW MANY, BUT ON REGARDS OF THE HEIGHT OF THE FENCE, I NEEDED TO HAVE THAT HEIGHT BECAUSE I HAVE A SPECIAL CHILD. HE'S AUTISTIC. HE IS PRESENT RIGHT NOW. AND WHEN HE GETS NERVOUS, WHEN HE HAS A CRISIS, FOR EXAMPLE, HE CAN GET UP BECAUSE HE'S VERY TALL. UM, YEAH. UM, OKAY. ON REGARDS OF THE CARPOOL, THE REASON WE DID THAT IS BECAUSE OF THE DISTANCE OF, AND WE HAVE THIS LOT AND IT'S VERY SMALL, SO THERE IS NO ENOUGH SPACE TO DO IT. SO THAT WAS THE REASON WE DID THAT WAY. I ALSO WANT TO TALK ABOUT THE ADDITION. I REALLY DON'T RECALL HOW MANY FEET ARE THAT ADDITION THAT WE DID. THE ONLY THING THAT WE DID WAS JUST THE CONTINUATION OF THE LINE WHEN WE BOUGHT THE HOUSE, WE ADDED THAT PART. AND YOU JUST FOLLOW THAT. AND I REALLY DON'T KNOW HOW, HOW MUCH IS THE DISTANCE WITH THAT. BUT I WANT TO, I WANT TO POINT OUT HERE THAT THE NEXT DOOR HOME, WE ARE ALSO THE OWNERS. WHICH HOME IS THAT FACING? 1722 [01:20:01] IS THE SITE WHERE WE ADDED. OKAY. THAT'S, SO WHEN FACING THE HOUSE ON NOLAN, IT'S THE HOUSE ON THE RIGHT. ALL RIGHT. PLEASE CON YES, PLEASE CONTINUE. WHAT I WOULD LIKE TO ASK, AND I I UNDERSTAND WE DID COMMIT SOME VIOLATIONS HERE IS THIS HOME IS FOR FIVE ADULTS. MY AUTISTIC SON IS ADULT AND HE NEEDS PRIVACY. SO WHEN WE WERE GETTING BIGGER HOME DOING THAT, I AM HERE AND I WILL ACCEPT WHATEVER I NEED TO PAY AND WHATEVER NEEDS TO BE DONE. BUT I AM ASKING YOUR HELP TO CONTINUE HAVING MY HOME BECAUSE IF I NEED TO DO ANY CHANGES WILL COST A LOT OF MONEY. OKAY. ALRIGHT. LET'S SEE IF THERE'S ANY QUESTIONS THERE. ANY QUESTIONS FROM THE COMMISSION? BREGMAN COMMISSIONER BREGMAN, UM, THE IMPERVIOUS SERVICE IN THE FRONT COULD, COULD YOU ADDRESS THAT? WHAT, WHAT, WHAT IS THIS SPECIFIC NEED TO HAVE? A HUNDRED PERCENT IMPERVIOUS SURFACE IN THE FRONT. ARE YOU ASKING WHY I PUT CONCRETE ON THE DRIVEWAY? NOT ON THE DRIVEWAY, BUT IN THE FRONT YARD? NO, TO THE SIDE OF THE DRIVEWAY. YEAH. THERE'S A PICTURE BEING PROJECTED UP THERE THAT, SO THE REASON I HAD THAT, THAT ARTIFICIAL GRASS IS BECAUSE UNDER THAT THERE ARE SOME STONES AND DEBRIS AND WHEN THE CHILDREN WERE COMING TO VISIT, THEY WILL BE TAKING THOSE ROCKS AND WILL BE THROWING THEM. BUT I CAN REMOVE THAT. NO PROBLEM. CAN COULD IT BE MADE GRASS PAST? YES. REAL GRASS. COMMISSIONER STEVENS, IS IT, IS IT PAVED UNDER THE TURF OR IS IT JUST GRAVEL? NO, NO, THERE IS NOTHING THERE. IT IS NOT PAVED. SO THEN THAT IS COVER DID THE CITY. SO IT LOOKS LIKE BACK IN 2018 THERE USED TO BE, UM, [01:25:01] JUST NORMAL, UH, GRASS THERE. UM, AFTER THAT IT LOOKED LIKE IT WAS PAVED. AND THEN LATER ON, THIS ARTIFICIAL TURF PUT OVER THE PAVEMENT STEP. CAN YOU BRING UP A STREET VIEW PICTURE IF YOU HAPPEN TO HAVE SOMETHING? NO, THERE IS NOTHING PAVED UNDER THE TURF. NO. YEAH, MANA COMMISSIONER MANNA. SO, UM, IF IT IS GRAVEL UNDERNEATH AND YOU PUT ARTIFICIAL TURF ON IT, UH, WOULD THAT BE CONSIDERED PERVIOUS THEN? AT THAT POINT? UH, WE SHOWED THIS TO STORMWATER AND THEY INDICATED THAT THIS DOES NOT QUALIFY FOR IMPERVIOUS COVER. SO, SO ARTIFICIAL GRASS DOES NOT COUNT FOR, UH, THEY WERE MORE LOOKING AT THE MATERIAL UNDERNEATH. SO I SEE PICTURE FROM 23 WITH GRAVEL AND 22 WITH GRAVEL. SO, AND WE SHOWED THIS AGAIN, WE SHOWED THIS THROUGH STORM WATER AND THEY MADE THE DETERMINATION THAT THIS IS, OKAY, SO I'M STILL ASKING THE QUESTION. SO IF IT'S GRAVEL UNDERNEATH AND YOU HAVE ARTIFICIAL TURF ABOVE IT, IS THAT PERVIOUS COVER? I'M GONNA CHIME IN ON THIS. SO WHAT HAPPENS IS, UM, IF IT'S NOT GRASS, IT'S SOMETHING ELSE. AND SO, LIKE FOR EXAMPLE, IF WE HAVE GRAVEL AND IT'S COMPACTED, SOMETIMES UH, STORM WATER WILL LET US DO SOMETHING IN BETWEEN GRASS AND PAVEMENT JUST FOR PURPOSES OF, OF, OF FLOW RATE OF WATER THROUGH IT. BUT WHETHER IT'S CONSIDERED IMPERVIOUS OR NOT, I MEAN IT'S, IT'S, THERE'S SOME SUBJECTIVITY TO IT. IT'S NOT AS POROUS AS IF IT WAS GRASS, BUT IT CERTAINLY IS NOT THE SAME AS CONCRETE. OKAY. AND SO I THINK IT'S UP TO, I THINK WE CAN MAKE THAT DETERMINATION. BUT IF, IF, IF, IF THE POWERS THAT BE ARE GOING TO CLASSIFY IT AS SOMETHING OTHER THAN IMPERVIOUS SURFACE, THAT WOULD BE SOMETHING FOR US TO, TO, YOU KNOW, CONSIDER. WELL, OKAY. I MEAN, ONLY BECAUSE THEY'RE, THEY'RE SAYING THAT IT, THAT WE HAVE TO LOOK, THE CITY IS SAYING THEY'RE CLASSIFYING IT AS IMPERVIOUS COVER, THEREFORE IT HAS TO COME TO US 'CAUSE IT'S EXCEEDING 50%. SO, YOU KNOW, I WOULD HAVE A PROBLEM SAYING A HUNDRED PERCENT COVERAGE. BUT IF IT'S COVERED WITH ARTIFICIAL TURF ON TOP OF GRAVEL, I DON'T HAVE A PROBLEM WITH THAT. SO THE QUESTION WOULD BE HOW DO WE READ IT SO THAT IT'S NOT GONNA BECOME A HUNDRED PERCENT CONCRETE? I ABSOLUTELY THINK THAT IT, THE MOTION SHOULD STATE THAT AND INCLUDE, UM, YOU KNOW, THAT IT'S ARTIFICIAL TURF ON TOP OF, OF, OF A GRAVEL SURFACE. UM, WHAT THAT MEANS TO WHAT'S, HOW STAFF IS GOING TO INTERPRET THAT LATER. UM, THIS IS KIND OF NEW. WE DON'T, THERE'S CERTAIN THINGS WE CAN'T PUT CONDITIONS ON. YOU KNOW, IF STAFF IS SAYING IT'S IMPERVIOUS COVER, THEN THAT'S WHY IT'S HIT BEFORE US. BRAGMAN COMMISSIONER BRAGMAN. SO WOULD THAT, SO IF THAT WAS CONSIDERED IMPERVIOUS AND THEY'VE GOT THE PAVED DRIVEWAY AND THEY'VE GET THE PAVERS OFF TO THE, THE RIGHT, THE RED PAVERS, IF THAT WAS CONSIDERED IMPERVIOUS, WOULD THAT MEET THE 50%? OR DOES THAT, DID YOU HAVE TO TAKE INTO ACCOUNT THE, THE DRIVEWAY AS WELL IN THAT CALCULATION TO COUNT THE DRIVEWAY? THE DRIVEWAY IS INCLUDED IN THE OVERALL PERCENTAGE. YEAH. AND SO THAT MIGHT NOT EVEN GET TO 50%. YEAH. AND ANOTHER THING IS, IS THAT THE UNIFIED DEVELOPMENT CODE ONLY HAS ONE DOCUMENTED EXAMPLE OF WHAT'S CONSIDERED A PERVIOUS PAVEMENT. IT'S A VERY SPECIFIC DESIGN. AND IF YOU WANNA DO SOMETHING OTHER THAN THAT, YOU HAVE TO GET IT APPROVED, UH, BY STORM WATER. SO THE, WE'RE WE'RE AT A PLACE WHERE THERE'S SOME SUBJECTIVITY HERE THAT WE'RE GONNA HAVE TO, UH, GET THROUGH, WHETHER IT'S THROUGH FINDINGS OR THROUGH THE ACTUAL TEXT OF THE MOTION. SO, UM, IS THERE, BY THE WAY, IS THERE ANYONE SIGNED TO SPEAK ON THIS? YES. WE HAVE ONE PIECE SPEAKER. WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR A SPEAKER AND, UH, WE'LL HEAR THEIR THOUGHTS AND THEN WE'LL COME BACK TO SEE IF THERE'S QUESTIONS. UH, LEROY DAVILA? YES. ALL RIGHT. PLEASE STATE YOUR NAME FOR THE RECORD AND TELL US YOUR THOUGHTS. MY NAME'S LEROY DAVILA. UM, THEIR NEXT DOOR NEIGHBOR. I'LL BE TALKING ABOUT MY ISSUES AS WELL, BUT YOU'RE TALKING RIGHT NOW ABOUT THE IMPERVIOUS, WHAT THEY DID TO IT MAKES THE YARD LOOKS WONDERFUL. I UNDERSTAND THAT THERE'S DRAIN WATER ISSUES GOING ON. UH, BUT WHAT THEY DID WAS OUTSTANDING. IT IT BETTER APPEARANCE FOR THE, FOR THE FRONT YARD. UH, THEY ONLY HAD THAT FRONT, SORRY, THEY ONLY HAD THAT FRONT ISLAND IN THE FRONT OF THE FENCE THAT WHERE THEY HAVE TO MAINTAIN. MM-HMM . UH, AS YOU CAN TELL, THEY SOCIALIZE IN THE FRONT WHERE THERE'S, THEY DON'T HAVE TO WORRY ABOUT TRACKING MUD OR ANYTHING ELSE INTO THEIR HOUSE OR ANYWHERE ELSE. THEY, THEY DID A GREAT JOB ON THAT. SO WHAT, WHAT ARE YOUR THOUGHTS, UH, ON THE OTHER ITEMS BEFORE? SO YOU, THE GUTTER IS MY ONLY CONCERN 'CAUSE IT BUTTS UP TO OUR HOUSE. THE ONLY THING THAT I DID SPEAK TO HER HUSBAND ABOUT WAS TO [01:30:01] PUT THE GUTTER UP BECAUSE IT WAS RUNNING INTO, IT'S RIGHT ON THE FENCE LINE. AND ALL I I, I WOULD, I HAVE SPOKEN TO HIM BEFORE, IS JUST TO ENSURE THAT THE RAIN GOES ON THEIR DRIVEWAY AND OUT. WELL BECAUSE THERE'S A, THAT'S IT, BECAUSE THERE IS A GUTTER THERE. UH, ANY EMOTION WE MAKE WOULD INCLUDE ANY APPROVAL FOR THE CORPORATE WOULD HAVE TO INCLUDE A GUTTER. 'CAUSE THAT'S WHAT WAS, THAT'S WHAT'S BEFORE US TODAY. SO THAT WOULD BE A PART OF, RIGHT, OF THAT PORTION OF THE DECISION. INITIALLY, WHEN HE BUILT IT, IT DIDN'T HAVE A GUTTER AND IT WAS RAINING AND THEN HIM AND I SPOKE ABOUT IT AND HE PUT THE GUTTER ON. I HAD MY GUTTERS ON AND THE GUYS THAT INSTALLED OUR GUTTERS ON OUR HOUSE HAD A LITTLE BIT OF AN ISSUE GETTING AROUND THAT ISSUE, BUT THEY JUST CLIMBED THE TOP OF OUR HOUSE AND, AND DID THAT. SO OTHER THAN THAT, I MEAN, I, I, I DON'T THE FENCE HEIGHT'S. OKAY. AND THE FENCE LINE IS FINE. UH, WE HAVEN'T HAD AN ISSUE WITH ANYTHING LIKE THAT. THEY DO HAVE SOME, SOME, UH, SOME PUP, SOME DOGS, BUT NOTHING. WE LOVE DOGS. UH, HE MAINTAINS THE FENCE REALLY WELL TO MAKE SURE THAT EVERYTHING IS GOOD. ALRIGHT. MANANA, COMM COMMISSIONER, MANUS. SO, EXCUSE ME, SIR. SO, UM, WITH REGARDS TO THE CARPORT AND THE GUTTER THAT'S ON THERE, IS THAT GUTTER ON YOUR CROSSING THE PROPERTY LINE OR IS IT ON THEIR PROPERTY LINE? WHO KNOWS WHAT THE ACTUAL PROPERTY LINE IS? OKAY. IT'S, I MEAN, IT'S WHERE, I MEAN, 'CAUSE THERE USED TO BE A CHAIN LINK FENCE MANY, MANY YEARS AGO, AND I BELIEVE THAT Y'ALL ARE THE ONES THAT PUT THE . OKAY. I WAS ASKING IF THEY WERE THE ONE, THE ONES THAT PUT THE FENCE BECAUSE WE, WE JUST MOVED INTO THAT HOUSE IN 2020. UM, BUT WHERE IT'S AT RIGHT NOW, AS LONG AS HE MAINTAINS IT AND WHICH HE DOES, HE DOES TAKE CARE OF IT. WE DO AGREE ON, THERE'S TYPICAL NEIGHBORS. WE DON'T AGREE ON EVERYTHING, BUT WHATEVER WE DO DISAGREE ON, WE'RE, WE'RE ABLE TO WORK THAT OUT. OKAY. ANY OTHER QUESTIONS? ALL RIGHT. THANK YOU VERY MUCH FOR YOUR THOUGHTS. UH, LET'S THE APPLICANT COME BACK FORWARD. UH, IS THERE ANY QUESTIONS FOR THE APPLICANT? HEARING NONE, UM, LOOKING FOR A MOTION THEN. AND ONE QUICK QUESTION FOR STAFF. THAT THE, UH, THE, THE, UH, THE SIDE VARIANCE, UH, WHERE IT SAYS IT'S, IT'S, UH, ONE FOOT SIX INCLUSIVE OF THE OVERHANG, THE PHYSICAL WALL OF THE HOME IS AT LEAST THREE FEET AWAY FROM THE SITE PROPERTY LINE. IS THAT CORRECT? THAT'S CORRECT, YES. THANK YOU. OKAY. I'LL READ IT IF, UH, I'LL OR I CAN MANANA COMMISSIONER MANNA. LET'S SEE HERE. I'M GONNA DO THE SECOND ONE FIRST AND THEN MOVE TO THE FIRST ONE. SO REGARDING CASE NUMBER BO A 2 6 1 0 3 0 0 0 9 1, I MOVED TO THE BOARD ADJUSTMENT GRANT, A REQUEST FOR A ONE FOOT TWO INCH FENCE HEIGHT SPECIAL EXCEPTION FOR THE MAXIMUM ALLOWABLE FIVE FOOT, PREDOMINANTLY OPEN FENCE TO ALLOW A SIX FOOT, TWO INCH, PREDOMINANTLY OPEN FENCE IN FRONT YARD SITUATED AT 1 7 2 6 NOLAN STREET. A BEING CARMINA FLORIDAS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTERS' PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THE CHAPTER. THE PROPOSED FENCE SITE DOES NOT REPRESENT A SIGNIFICANT DEPARTURE FROM THE EXISTING CHARACTER OF THE AREA, NOR WOULD IT CREATE A SIGNIFICANT VISUAL OBSTRUCTION IN THE FRONT YARD. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. THE PUBLIC WELFARE WOULD BE SUBSTANTIALLY SERVED AS THE FRONT YARD PROVIDES SIGNIFICANT SECURITY IMPROVEMENT AND JUSTIFIES THIS MODEST PROPOSAL FOR EXCEPTION FROM THE CODE STANDARD C. THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. NEIGHBORING PROPERTY WOULD NOT BE SIGNIFICANTLY INJURED BY THE PROPOSED INCREASED FENCE AS IT WOULD NOT CREATE A SIGNIFICANT VISUAL OBSTRUCTION OR PRESENT A SIGNIFICANT DEVIATION FROM THE EXISTING CHARACTER OF THE STREETSCAPE. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH IS LOCATION IN WHICH THIS PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. THE SPECIAL EXCEPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THIS LOCATION AS A PROPOSED FENCE. SITES WOULD NOT CREATE A SIGNIFICANT VISUAL OBSTRUCTION OF THE FRONT YARD AREA. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE AND ESTABLISHED FOR THIS SPEC SPECIFIC DISTRICT. THE SPECIAL EXCEPTION WOULD NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT, WHICH IS TO PRESERVE OPEN FRONT YARD SPACE TO CREATE A SENSE OF COMMUNITY IN SINGLE FAMILY RESIDENTIAL DISTRICTS. AND A MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER MANON. SO I DON'T SEE AN ISSUE WITH THIS PARTICULAR, UH, PORTION OF THE CASE HERE. UM, AND HAVING THE NEIGHBOR, UH, COME IN AND ALSO CONCUR, UM, I'LL BE VOTING IN FAVOR. COMMISSIONER BRAGMAN. UH, I AGREE WITH MICHAEL. I, UM, ESPECIALLY [01:35:01] SINCE THE APPLICANT EXPLAINED THE HARDSHIP BEHIND, UM, NOT BEING ABLE TO HAVE THAT HEIGHT. SO I'LL BE IN SUPPORT. ALRIGHT, ANYONE ELSE LIKE TO ADD HEARING UNANIM A ROLL CALL VOTE ON THIS, ON THE FENCE HEIGHT. COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER REED. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER REED EZ. I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER UNA? YES, I CONCUR. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ. YES. CHAIR ORIAN. AND I CONCUR WITH THE FINES. THE FACT MOTION PASSES UNANIMOUSLY. LET'S, UH, MOVE ON TO THE VARIANCES. MANNA COMMISSIONER MANNA, I MAY GET CREATIVE ON NUMBER FOUR. UM, SO REGARDING CASE NUMBER BO OA 2 6 1 0 3 0 0 0 9 1, I MOVED TO THE BOARD ADJUSTMENT GRANT, A REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH GUTTERS TO BE ONE INCH FROM THE EAST SIDE PROPERTY LINE TWO, A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A 16 FOOT ADDITION TO THE REAR OF THE HOME TO BE ONE FOOT SIX INCHES, INCLUDING A TWO FOOT OVERHANG FROM THE WEST SIDE PROPERTY LINE THREE, A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW AN ACCESSORY STRUCTURE IN THE REAR YARD TO BE ONE INCH FROM THE WEST SIDE PROPERTY LINE FOR A 50% VARIANCE FROM THE MAXIMUM ALLOWABLE 50% FRONT YARD IMPERVIOUS COVER COMPOSED OF, UM, ARTIFICIAL TURF TO ALLOW A FRONT YARD WITH A HUNDRED PERCENT IMPERVIOUS COVER. FIVE A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY. CLEAR VISION TO ALLOW A 11 FOOT SIX INCH DRIVEWAY CLEAR VISION AREA SITUATED AT 1 7 2 6 NOLAN. APPLICANT BEING CARMINA FLORES BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH AS LITTLE ENFORCEMENT OF THE PROVISION, SO THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST REGARDING SETBACKS AND IMPERVIOUS COVER. THESE VARIANCES WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS PROPOSED CARPORT EDITION AND ACCESSORY STRUCTURE. SETBACKS PROVIDE ADEQUATE SEPARATION FROM RESPECTED PROPERTY LINES TO ALLOW ACCESS FOR MAINTENANCE AND UPKEEP OR MITIGATE AGAINST POTENTIAL DAMAGE TO ADJACENT PROPERTY FROM FIRE SPREAD AND WATER RUNOFF. FURTHER, THE INCREASED IMPERVIOUS COVER, UM, COMPRISED OF ARTIFICIAL, UH, TURF IN THE FRONT AREA DOES NOT IMPEDE PROPER MITIGATION OF STORMWATER RUNOFF, UH, DRIVEWAY CLEAR VISION. UH, THIS VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE IS SUFFICIENT SEPARATION BETWEEN THE STREET AND IT'S PREDOMINANTLY OPEN FENCE, ALLOWING UNCOMMON TRA ONCOMING TRAFFIC TO VIEW AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY. TWO, DUE TO SPECIAL CONDITIONS. SO LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP REGARDING SETBACKS AND PREVIOUS COVER. A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THERE IS ADEQUATE SPACE BETWEEN THE SUBJECT IMPROVEMENTS AND THE RESPECTIVE PROPERTY LINES. FURTHER IN PRE THE INCREASED IMP PREVIOUS COVER IN THE FRONT YARD DOES NOT IMPEDE PROPER MITIGATION OF STORMWATER RUNOFF. UM, REGARDING DRIVEWAY CLEAR VISION, A LIBERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS ANY EFFORTS TO MODIFY THE EXISTING FENCE WOULD NOT YIELD SUBSTANTIAL IMPROVEMENTS, UH, TO VISIBILITY AROUND THE EXISTING DRIVEWAY. THREE, BY GRANTING THE VARIANCE, THE SPARE OF THE ORDINANCE WILL BE SERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE. REGARDING SETBACKS IN PREVIOUS COVER GRANTING THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS A PROPOSED SETBACKS WOULD PROVIDE SUFFICIENT SPACE TO MAINTAIN THE ADDITION ACCESSORY STRUCTURE AND CARPORT. UM, FURTHER, THE INCREASE IN PREVIOUS COVER IN THE FRONT YARD WOULD NOT IMPEDE PROPER MITIGATION OF STORM WATER RUNOFF OR DEADEN THE STREETSCAPE. UM, REGARDING DRIVEWAY CLEAR VISION, GRANTING THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THE EXISTING SEPARATION BETWEEN THE FENCE AND THE STREET. PROVIDES ADEQUATE SPACE TO VIEW INCOMING ONCOMING TRAFFIC AND MANEUVER A VEHICLE INTO THE RIGHT OF WAY FOR THE VARIANCE. WOULD NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORM PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH IS PROPERTY IS LOCATED. SETBACKS AND IMPERVIOUS COVER. UH, THESE VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY, NOR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE REDUCED SETBACKS AND INCREASE IN PREVIOUS COVER WOULD NOT NEGATIVELY IMPACT ADJACENT PROPERTY. UH, REGARDING DRIVEWAY CLEAR VISION, THE VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS IS, AS AN ADEQUATE CLEAR VISION AREA WOULD REMAIN TO SUPPORT SAFE USE OF THE DRIVEWAY. SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES IS EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT [01:40:01] DUE TO THE RESULT OF GENERAL CONDITIONS. AND THE DISTRICT, WHEN JUST PROPERTY IS LOCATED, UH, REGARDING SETBACKS AND PREVIOUS COVER APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT, IS DUE TO THE LIMITED DEVELOPABLE SPACE ON THE PROPERTY, WHICH LIMITS THE ABILITY TO CONSTRUCT IMPROVEMENTS WHICH ABIDE BY SETBACK STANDARDS. THESE, THIS SPACE LIMITATION IS SUCH THAT REDUCTIONS OF PREVIOUS FRONT YARD SPACE ON THIS LOT WOULD NOT SUBSTANTIALLY IMPACT PROPER STORMWATER MITIGATION. UM, REGARDING DRIVEWAY CLEAR VISION, THE PLY TO THE ON PROPERTY IS DUE TO THE WIDTH OF THE RIGHT OF WAY DEDICATED FOR PEDESTRIAN USE. THIS WIDTH OF THIS AREA DOES NOT PROVIDE CODE COMPLIANT CLEAR VISION AREA ON ITS OWN, THEREBY REQUIREMENTS PROPERTY ON TO LOCATE, LOCATE A FENCE AT LEAST IN PART WITHIN THEIR OWN PROPERTY BOUNDARIES RATHER THAN DIRECTLY ON THE PROPERTY LINE TO MEET THE UDC PRESCRIBED CLEAR VISION STANDARD END OF MOTION. SECOND. SECOND BY COMMISSIONER BRAGMAN. COMMISSIONER MANANA. I HAVE A POINT OF CLARIFICATION. YES, COMMISSIONER BRAGMAN ON THE 50% IMPERVIOUS SERVICE, IF WE'RE JUST TALKING ABOUT THE, UM, ASTROTURF THERE THAT ISN'T 50% OF THE, SO I'M JUST WONDERING IF 50% IS AN APPROPRIATE PERCENTAGE. SO I, I WAS TRYING TO READ IT SO THAT, SO THAT THE IMPERVIOUS COVERAGE INCLUDED ARTIFICIAL TURF AND, AND JUST LEFT IT. SO WITH REGARDS TO THE A HUNDRED PERCENT. SO, SO I GUESS I WAS TRYING TO STATE THAT I'M OKAY WITH A HUNDRED PERCENT AS LONG AS IT INCLUDES A PORTION OF, UM, ARTIFICIAL TURF. AND THAT'S WHAT I WAS TRYING TO SPECIFY. WHAT ABOUT SPECIFYING, YOU KNOW, AS, AS, AS TODAY, AS YOU KNOW, IN THE LOCATION PROVIDED TODAY. OKAY AND OKAY, SO, SO I WOULD ACCEPT THAT AS AMENDMENT. WOULD IT, WOULD THAT WORK DO YOU THINK? WELL, MY QUESTION WAS DO WE REALLY FEEL THAT THAT REPRESENTS 50% OF THE NO, THE FRONT SURFACE STAFF HAS DETERMINED, HAS EXPRESSED THAT THEY WILL BE CONSIDERING IT IMPERVIOUS COVER AND SO WE HAVE TO AS WELL. SO WE AS, AS FAR AS STAFF'S CONCERNED, IT'S A HUNDRED PERCENT RIGHT NOW, REGARDLESS OF IF THE WHOLE THING WAS ASTROTURF. OKAY, SO WHAT YOU'RE SAYING IS JUST LEAVE IT AS IS EVEN THOUGH IT'S REALLY MORE THAN 50%, BUT IT'S LONG AS THEY KEEP IT THE WAY IT IS TODAY. THAT'S WHAT I'M STATING. AND SO I THINK, SO I THINK, UH, HOW WE SHOULD AMEND IT THEN IS AS, AS CURRENTLY PRESENTED OR CURRENTLY DESIGNED, UM, YOU WITH THE AS AS AS, YEAH. WITH THE ARTIFICIAL, UH, TURFS DESIGNATION AS IN PLACE TODAY OR OKAY, I'M GOOD WITH THAT. OKAY. ALRIGHT. SO IS THE CITY OKAY WITH THAT? ? OKAY. ALRIGHT. , YOU'LL BE IN CHARGE OF REVIEWING THE MINUTES ON THIS ONE. . UH, IS IT? SO, SO, SO I THINK, UM, WITH THE NEIGHBOR'S INPUT AND I THINK AS, UM, YOU KNOW, FOLLOWING THE SIGHT LINES OF THE, THE EXISTING STRUCTURE, UM, THERE ARE OTHER CARPORTS THAT ARE ON THE SAME STREET THAT ARE VERY SIMILAR IN SIZE AND PROXIMITY. I DON'T SEE THIS BEING, UM, OUT THE ORDINARY, UH, IN THIS COMMUNITY. AND SO, UH, BECAUSE OF THAT I'LL BE VOTING IN FAVOR. THANK YOU COMMISSIONER BRAGMAN. UM, YEAH, I'LL BE IN SUPPORT OF THE MOTION OF WHILE, ESPECIALLY SINCE THE NEIGHBOR, UH, WAS, UM, HERE TO, UH, EXPRESS SUPPORT. UM, AND THAT THE EXPLANATION OF THE ADDITION BEING IN SIGHTLINE WITH THE ORIGINAL STRUCTURE, UH, THE CIRCUMSTANCES, UM, REGARDING FAMILY MEMBERS AND THE NEED FOR THE, THE HEIGHT AND THE CLEAR VISION'S NOT AN ISSUE. SO I'LL BE IN SUPPORT OF THE MOTION. ALRIGHT. COMMISSIONER ZU? YES, SO I'LL BE IN SUPPORT AS WELL. UM, MY ISSUE IS REALLY KIND OF THE BUILDINGS THAT ARE THERE NOW WOULD HAVE TO GO INTO REVIEW BY BUILDING CODE. CORRECT. TO BE ABLE TO HAVE THEM, UH, PERMITTED AND STANDING. AND SO TO ME THAT'S ASSURANCE THAT THEY'LL MEET FIRE CODE AND ANY OTHER KIND OF CODE COMPLIANCE THAT WOULD IMPACT THE NEIGHBORING PROPERTIES TO MAKE SURE THAT THEY'RE, UM, FIRE RATED AGAINST ANY PROPERTIES ADJOINING. SO THAT'LL PROVIDE SOME COMFORT TO YOU AS A NEIGHBOR. SO I'M SUPPORTING. ALRIGHT, THANK YOU. UH, AND ANYONE ELSE LIKE TO ADD? UH, AND I JUST WANTED TO ADD THAT I'LL BE IN SUPPORT BECAUSE WE DID HEAR TESTIMONY THAT THEY'RE ALSO THE HOMEOWNER FOR THE NEIGHBORING PROPERTY, UH, WHICH HAS HELPED ME GET PAST, UH, ITEM NUMBER. WELL AS READ TWO OR THREE, WHICHEVER ONE'S A LARGER ACCESSORY STRUCTURE IN THE REAR. UH, SO ALL RIGHT, LET'S HAVE ROLL CALL VOTE. COMMISSIONER. COMMISSIONER ANA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER REED. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER EZ? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE PHASE OF FACT. MOTION PASSES IF YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF. THANK YOU. DID THE APPLICANT FOR ITEM SIX, UH, COME BY? DO WE HAVE THE APPLICANT FOR ROWING FOREST? THEY'RE HERE. ALL RIGHT, FANTASTIC. ITEM SIX, GOOD AFTERNOON. ITEM NUMBER SIX, BO OA 26 1 0 3 0 0 0 9 2. [01:45:03] UH, LOCATED AT 22 3 15 ROMAN FOREST, UH, VARIANT FOR A UDC ACCESSORY DWELLING UNIT STANDARDS TO ALLOW ACCESSORY DWELLING UNIT ON THE SIDE YARD OF THE PROPERTY. ACCESSORY PROPERTY LOCATED EAST OF US 2 81 NORTH BETWEEN TBC PARKWAY AND EAST EVANS ROAD, SURROUNDED BY SIMILAR R SIX PROPERTIES. WE REQUESTED FOR A PROPOSED ACCESSORY STRUCTURE ON THE SIDE YARD, WHICH IS PLANNED TO BE OVER OF THE DETACHED GARAGE. THE PROPERTY HAS A SWIMMING POOL AND MATURE TREES IN THE REAR YARD, ALONG WITH SOME ELEVATION, UH, CHANGES. THE APPROXIMATE WIDTH OF THE SIDE YARD IS 30 FEET AND DIRECTLY ABOVE THE DRAINAGE, WHICH COULD RESULT, WHICH COULD REDUCE THE SIDE SETBACK. THIS IS THE, UH, SITE PLAN SHOWING THE ACCESSORY DOLING UNIT ON THE SIDE YARD. UH, THERE IS NO SETBACK ISSUE. WE'RE JUST MAKING THAT STATEMENT THAT THERE COULD BE A REDUCTION OF THE SIDE YARD. UH, YOU SEE THE SWIMMING POOL IN THE REAR ALSO. NEXT SLIDE PLEASE. THIS IS FROM THE FRONT OF THE PROPERTY LINE OR PROPERTY, AND THAT'S WHERE THE PROPOSED, UH, ACCESSORY UNIT'S GONNA BE CLOSER LOOK THERE. AND THE SURROUNDING AREA STAFF RECOMMENDS APPROVAL FOR BO OA 26 103 0 0 0 92. BASED ON THE FOLLOWING FINES OF THE FACT THE REQUEST WILL FIT WITHIN THE EXISTING DEVELOPMENT PATTERN, I'LL NOT NEGATIVELY IMPACT THE ADJACENT PROPERTY OR OVERALL CHARACTER OF THE NEIGHBORHOOD. THE EXISTING PLACEMENT OF MATURE TREES AND PHYSICAL LAYOUT OF THE PROPERTY, WHICH UNIQUELY CONSTRAINTS THE REAR YARD DEVELOPMENT WERE NOT CREATED BY THE CURRENT PROPERTY OWNER. UH, 17 NOTICES WERE MAILED OUT, ONE RECEIVED IN, UH, FAVOR AND ONE AN OPPOSITION AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. AND THAT CONCLUDES STAFF'S PRESENTATION. UH, THANK YOU. ONE QUICK QUESTION. UH, ON THE SIDE OF THE SUBJECT HOUSE, IS THERE AN AN EASEMENT THAT RUNS ON THE SITE BETWEEN THE TWO HOMES? THE TWO LOTS? IT LOOKS LIKE THERE'S A THIN GAP ON THE, UH, AERIAL. YOU GO BACK TO THE SITE PLAN PLEASE. YEAH. POP TO THE AERIAL? UH, I DON'T BELIEVE SO, BUT I CAN DOUBLE CHECK. NO, LIKE THE, THE PREVIOUS, UH, EXHIBIT, IT DOES APPEAR THAT THERE IS A SMALL, UM, STRIP OF LAND. YEAH, THERE YOU GO. YEAH, IT LOOKS LIKE THERE'S A THIN STRIP THAT THAT KIND OF RUNS, RIGHT? THAT'S THE, UH, DRAINAGE. UM, IT'S A, IT'S NOT AN EASEMENT, IT'S A SEPARATE PROPERTY, BUT IT'S USED AS A, A DRAINAGE RIGHT OF WAY. AND THAT'S, UM, OKAY, I JUST, I I WAS JUST CURIOUS ABOUT THAT'S ADDITIONAL SEPARATION. THAT CORRECT? NEITHER NEIGHBOR OWNS IT'S OWNED BY THE HOA OR SOMETHING. CORRECT. ALRIGHTY, LET'S HAVE THE APPLICANT COME FORWARD. THANK YOU. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT. HELLO, MY NAME IS ANGEL REESE. I'M WITH AR DESIGN BUILD AND I'M HELPING THE CLIENTS WITH THE DESIGN AND THE CONSTRUCTION. UM, YOU'RE GONNA PUT SOME RENDERINGS UP, BUT YOU CAN SEE THE PROPERTY HAS SOME CONSTRAINTS. UH, THE, THE REAR R CONTAINS SIGNIFICANT EXISTING MATURE TREES AND THE LOCK CONFIGURATION AND AVAILABLE SPACE MAKES THE SITE AREA THE MOST PRACTICAL AND FUNCTIONAL LOCATION FOR THE A DU. THE PROPOSED A DU, AS YOU CAN SEE WITH THE RENDERINGS, HAS BEEN DESIGNED TO REMAIN THE COMPA COMPATIBLE WITH THE NEIGHBORHOOD AND MINIMIZE IMPACT TO ADJACENT PROPERTIES. THE PLACEMENT MAINTAINS THE APPROPRIATE SETBACKS, PRESERVES OPEN SPACE OF THE REAR, AND AVOIDS UNNECESSARY REMOVAL OF MATURE TREES. WE ALSO BELIEVE THE PROPOSED LOCATION PROVIDES BETTER OVERALL SITE FUNCTIONALITY AND CIRCULATION. AND I'M ELIZABETH CAMPBELL. MY HUSBAND'S THE ONE THAT SUBMITTED THE VARIANCE REQUEST. UM, HE'S NOT ABLE TO BE HERE. HE'S WORKING ON PCSING FROM FORT RUCKER, ALABAMA. UM, BUT WE ARE WORKING WITH THE HOA TRYING TO FINALIZE DESIGN. THEY ARE A LITTLE CONCERNED ABOUT IN THE ORIGINAL PICTURES HOW TALL IT LOOKED COMPARED TO OUR HOUSE, EVEN THOUGH THE HOUSE NEXT TO US, UM, JUST PAST THAT STORM WATER DRAINAGE AREA IS A SOLID TWO FOOT TALL. UM, SO WE'VE BEEN LOOKING AT TRYING TO, TO MANAGE THAT TO MAKE THE HOAA LITTLE BIT HAPPIER ABOUT THE LOOK. OKAY. UH, SO QUICK QUESTION. UH, HOW MUCH IS IT SET BACK FROM THE SIDE PROPERTY LINE? I HAVE A, I HAVE A SURVEY, BUT I HAVE IT ON THE USP. WOULD YOU LIKE TO SEE THAT? WELL, I'M, WHAT I'M TRYING TO FIGURE OUT IS THE STAFFING MENTIONED THAT THERE'S NO SETBACK ISSUE SO THAT YOU HAVE A FIVE FOOT SETBACK. YEAH, FIVE FOOT SET. BUT I'M TRYING TO FIGURE, TRYING TO FIGURE OUT JUST SPATIALLY WHERE, WHERE IT LIES IN RELATION TO EVERYTHING IN THE GRAND SCHEME OF THINGS. SO IS IS, UH, THIS LOT LOOKS LIKE IT'S 109 FEET WIDE, THAT DRAIN CHANNEL, DO YOU HAVE ANY IDEA ABOUT THE WIDTH OF THAT, UH, DRAINAGE RIGHT OF AWAY? [01:50:01] WELL, YOU'RE LOOKING AT ABOUT 10 FEET ON THE SIDE. IT'S WIDER THAN MY ARMS. OKAY. SO THE DRAINAGE IS APPROXIMATELY 10 FEET AND THEN YOUR STRUCTURE'S ABOUT AT LEAST FIVE AWAY FROM THE SIDE PROPERTY LINE, CORRECT? MM-HMM . SO THAT'S 15 FEET OF SEPARATION? YES. OKAY. AND, UH, YOU HAVE THE, THE PLAN DOESN'T NECESSARILY REFLECT THIS, BUT THERE'S LIKE A CONTINUITY OF A DRAINAGE EASEMENT THAT SHOWS UP ON THE AERIAL PHOTO. IT LOOKS LIKE YOU HAVE WATER COMING IN FROM THE STREET, GOES THROUGH THE DRAINAGE RIGHT AWAY ENTERS IN THE, THE DRAIN CHANNEL, BUT ON THE, THE SITE PLAN THAT'S PRESENTED TO US, YOU'RE CALLING OUT A VARIABLE WITH DRAINAGE EASEMENT IN YOUR REAR LOT. DO YOU HAVE A DRAINAGE EASEMENT ON YOUR REAR LOT? THAT I AM NOT SURE ABOUT? YOU'RE SAYING IN THE BACK OF THE LOT THERE'S A GREEN SPACE BEHIND OUR FENCE AND OUR FENCE IS AT THE EDGE OF THE PROPERTY LINE THAT I'M TRACKING, UM, BETWEEN US AND THEN YEAH, I'M LOOKING AT THAT, THAT PLAN RIGHT THERE, THAT LITTLE SQUIGGLY ARROW LINE ON THE RIGHT IS CALLING OUT A VARIABLE WIDTH DRAINAGE EASEMENT, BUT IT DOES, IT'S NOT REFLECTED AS, AS IT IS ON THE AERIAL FOR THE NEIGHBORS. I'M CURIOUS, DO YOU, DO YOU ACTUALLY HAVE A DRAINAGE EASEMENT IN THE REAR OF YOUR PROPERTY LIKE THAT? THAT I'M NOT SURE ABOUT. I KNOW OUR PROPERTY GOES ALL THE WAY BACK AND OUR NEIGHBORS HAVE HAD SOME FLOODING IN THAT AREA, BUT I DON'T KNOW OF ANYTHING SPECIAL IN TERMS OF OUR YARD IN THAT AREA. OKAY. BECAUSE WE'RE, WE'RE HERE BECAUSE YOU'RE, YOU HAVE A, AN ACCESSORY USE THAT SHOULD BE IN THE REAR YARD, BUT IF YOU HAVE A, A HUGE DRAINAGE EASEMENT LIKE THAT, THAT'S, THAT'S SOMETHING. OKAY. WELL THAT THE SITE PLAN IS BASED ON THE SURVEY. SO IF WE'RE SHOWING THAT THERE, THE SURVEY DOES YOU DID. SO YOU SAW THAT FROM A SURVEY? YES. ALRIGHT. THANK YOU. GREAT. UM, ANY QUESTIONS FROM THE COMMISSION? I'M JUST CURIOUS. SO THE VARIANCE BEFORE US TODAY IS BECAUSE THE, THE, THIS NEW ADDITION IS WHAT, UH, ON THE SIDE OF THE HOUSE VERSUS THE REAR? THAT'S IT, PERIOD? YES, SIR. OKAY. YEAH. ALRIGHT. I DON'T HAVE A PROBLEM WITH THAT. I, IT'S, YOU GOT PLENTY OF SPACE ON THE SIDE AND YOU HAVE AN ENCUMBRANCE IN THE REAR YARD WITH THE DRAINAGE EASEMENT. SO IF THERE'S ANY OTHER QUESTIONS, ANYONE SIGN UP TO SPEAK? YES, WE HAVE TWO SPEAKERS. YES. LET'S HEAR FROM THEM. UH, FIRST ONE, MR. KEN REED. HELLO. PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. UH, GOOD AFTERNOON. I'M KEN ALBRECHT. I, UH, LIVE IN THE NEIGHBORHOOD I LIVE ON, UH, AT 3 0 0 3 SABLE CREEK. I'M NOT ONE OF THE 200 FOOT NEIGHBORS, BUT I AM, UH, ON THE HOAS A CC COMMITTEE. OKAY. OKAY. WE REVIEWED AND DENIED TWICE, UH, PLANS FOR THIS, UH, FOR A NUMBER OF CONCERNS THAT WE HAVE AS THE A CC, UM, AS THE PLANS THAT WERE SUBMITTED TO US. UH, TO START, IT'S OUR UNDERSTANDING THAT THERE'S A 10 FOOT EASEMENT SETBACK AND THEY'RE ASKING FOR VARIANCE FROM THAT DOWN TO FIVE. UH, SO THAT THIS YEAH, WE'RE NOT, THERE'S NO SETBACK REQUEST. THEN WHAT IS THE RE VARIANCE FOR? SO THERE'S, THERE'S A PART OF THE UNIFIED OMA CODE THAT SAYS THAT WHEN YOU CONSTRUCT AN ACCESSORY STRUCTURE, IT HAS TO BE, IT CAN'T BE, IT HAS TO BE BEHIND THE FRONT OF YOUR HOUSE. THAT, SO THAT'S ALL THE ONLY ISSUE THAT WE'RE IS BEFORE US TODAY. WELL, REAL QUICK, REAL QUICK CORRECTION. IT'S BEHIND THE REAR OF THE HOUSE, NOT THE FRONT OF THE HOUSE. I'M SORRY. I APOLOGIZE. YES, IT HAS TO BE IN THE REAR OF THE HOUSE. WELL, UH, THAT'S ALSO A CONCERN OF, OF OURS. OKAY. IS, IS THAT, THAT THERE ARE OTHER STRUCTURES, UH, IN THIS NEIGHBORHOOD THAT, THAT, UM, UH, DETACHED GARAGES ARE, HAVE BEEN BUILT EITHER ORIGINALLY OR, UH, SUBSEQUENTLY AFTER, UH, THE INITIAL DEVELOPMENT. UH, EACH ONE OF THOSE, UH, ARE ALL DEVELOPED BEHIND THE FOOTPRINT OF THE HOUSE. OKAY. UH, AND, UH, THIS ONE IS SEEKING TO BUILD BESIDE IT. AND, UH, IT'S GONNA DRASTICALLY CHANGE THE LOOK OF THE HOUSE. THE HOUSE ITSELF APPEARS TO BE A, A ONE STORY, UH, HOUSE, UM, FROM THE FRONT FACADE. AND THIS UNIT IS CLEARLY A TWO STORY, A GARAGE AND A, UH, UH, A UH, SECOND STORY ABOVE THAT. THE HOUSE ITSELF DOES NOT HAVE THAT APPEARANCE. OKAY. SO THAT'S A DRASTIC, UH, A DEVIATION FROM, FROM THE PLAN. UM, ALSO IT'S OUR OPINION THAT, THAT IF THIS COULD BE BUILT BEHIND THE HOUSE, GRANTED THERE'S TREES BACK THERE, BUT SOMETIMES YOU HAVE TO DECIDE DO YOU WANT TREES OR DO YOU WANT A A DU? AND IT COULD, BECAUSE THERE'S ROOM FOR IT TO FIT ALL OF THESE, UM, UH, HOMES [01:55:01] ON THIS LOT, UH, IN OUR NEIGHBORHOOD ARE PRETTY MUCH A MINIMUM OF, OF HALF ACRE LOTS. AND THIS, IF BUILT IS GOING TO PUT EVERYTHING ON THE FRONT IN THE APPEARANCE OF A VERY CROWDED LOT. AND THE, THE, UH, OTHER HOMES IN THE NEIGHBORHOOD DON'T HAVE THAT APPEARANCE AT ALL. THERE'S, THERE'S A GREAT DEAL OF DISTANCE IN BETWEEN HOMES. OKAY. SO YOU, THE AVERAGE HOMES IN YOUR NEIGHBORHOOD ARE ABOUT A HALF ACRE? YES. OKAY. AND DO YOU KNOW HOW, SO THIS, THIS IS, THIS, THIS, THIS TOO IS A AT LEAST A HALF ACRE LOT. AND, AND, UH, I I THINK THAT THERE, IF THERE, THERE'S ROOM FOR IT TO GO BEHIND THE HOUSE AND IT WOULD GIVE VIS VISIBLE, UH, UH, MINIMAL APPEARANCE BEHIND THE HOUSE. OKAY. SO, UM, WE ALSO HAVE CONCERNS, UM, THE ELECTRICAL AND, AND, UH, UH, UH, SERVICES THAT GO, UH, TO THE, THAT FEED THE HOUSE RUN ALONG THE SIDE OF THE DRIVEWAY BETWEEN THE DRIVEWAY AND THE DRAINAGE EASEMENT. SO THAT'S GONNA BE, UH, I DON'T KNOW HOW TO POINT IT TO YOU. I DON'T KNOW HOW TO POINT IT TO YOU IN OKAY. I'LL GO OVER HERE BEFORE YOU. HOW DOES THIS, YOU PRESS THIS RED FOOT? OH, YOU GOTTA PRESS OH, PRESS AND HOLD. OKAY. SO IT, IT, IT'S OUR BELIEF THAT, THAT, THAT THE, UH, ELECTRICAL AND UTILITIES RUN, UH, IN THIS AREA HERE. UH, MY, UH, FRIEND RANDY'S ALSO POINTING TO IT ON THE OTHER ONE. THEY, THEY RUN HERE, UH, ALONG, UH, THIS IS THE DRAINAGE EASEMENT HERE, THEN THE, THE, THE, THE DRIVEWAY HERE. THEN THERE'S, UH, PLANTER BEDS AND WHATNOT HERE. AND, AND, AND SO THE UTILITIES RUN ALONG IN THIS SPACE HERE, JUST PAST THE DRIVEWAY AND TURN AND GO TOWARDS THE HOUSE. AND THAT'S WHERE ALL THE UTILITIES GO INTO THE HOUSE. UM, THIS STRUCTURE'S GONNA BE PLACED ON TOP OF THAT. AND SO WHAT, WHAT BECOMES OF HOW THE UTILITIES WOULD BE SERVICED IF THEY'RE NOW BURIED IS A CONCERN FOR US. ARE THEY NOT CURRENTLY BURIED? THEY ARE CURRENTLY BURIED, BUT THEY'RE NOT, THERE'S NO STRUCTURE ON TOP OF IT. THEY'RE JUST BURIED BY PLANTERS AND DIRT AND OKAY. UH, RIGHT. 20. I'M LOOKING UP THE, I'M, I'M TRYING TO PULL UP THE PLAT RIGHT NOW. I'M GOING TO SEE WHAT KIND OF EASEMENT THIS IS. I NEED TO, I'D LIKE TO KNOW MYSELF. UH, IS THERE ANY OTHER QUESTIONS FOR THE SPEAKER? MANNA COMMISSIONER MANNA. SO I ACTUALLY HAVE A QUESTION FOR STAFF. SO WHAT WE'RE TALKING ABOUT IS A SIDE, UM, A STRUCTURE ON THE SIDE OF THE HOUSE. AND SO IF THIS WAS ATTACHED TO THE HOUSE, UH, WHERE THE, YOU KNOW, ROOF LINE WAS ATTACHED, WOULD THIS BE PART OF THE DIALOGUE THEN? AT THIS POINT THERE WOULD NO VARIANCE BE REQUIRED. DOES THAT MAKE SENSE WHAT I JUST ASKED ABOUT? SO IF IT, IF THE ROOF LINES HAD TOUCHED AND IT WAS ATTACHED, THEN, THEN IT WOULD BE PERMITTED BY, RIGHT. AND SO, SO AS WE'RE KIND OF GOING THROUGH THE DIALOGUE HERE, YOU'RE JUST TRYING TO FIGURE OUT, UH, THAT THE DELTAS HERE WITH REGARDS TO THE, TO THE STRUCTURES ITSELF. SO YES. AND YOU, YOU HAVE THE, UH, RENDITIONS THAT THE, UH, UH, DESIGNER PUT UP THERE AND I, IF THEY COULD PULL THOSE BACK, CAN, CAN THOSE BE, SO ON THE SIDE OF THE HOUSE, THERE'S A 12 FOOT 12 FOOT DRAINAGE RIGHT OF WAY, CORRECT. NO ELECTRIC. YEAH, BUT THE, THERE'S NO ELECTRIC. THERE'S NO ELECTRIC. THERE IS A, UM, THE PLAT REFLECTS A 10 FOOT FRONT BUILDING SETBACK AND THE ELECTRIC EASEMENT IS LOCATED, THERE'S A 10 FOOT, UH, THERE IS A 10 FOOT GAS, ELECTRIC AND TELEPHONE EASEMENT ALONG THE FRONTAGE ALONG ROWAN FOREST THAT CONTINUES ON BOTH SIDES OF THE STREET. SO IT LOOKS LIKE ALL YOUR ELECTRIC IS, AND, AND YOUR, UH, DRY UTILITIES ARE LOCATED IN THAT EASEMENT. THE, THE ELECTRICAL THAT FEED THE HOUSE THOUGH. RIGHT. SO, BUT ONCE IT LEAVES THE HOUSE, IT, IT'S, IT'S GONNA RUN, IT RUNS UNDERGROUND, DOESN'T IT? IT IT DOES, BUT OKAY. BUT CAN YOU BUILD A STRUCTURE ON TOP OF THE BURIED UTILITY? WELL, THAT'S SECONDARY. THAT'S NOT CPS. IT'S, IT'S THE HOME. IT'S UNDER THE HOMEOWNER'S. PARDON ME? IT'S UNDER THE RESPONSIBILITY OF THE HAULING OVER. IF THAT FAILED AND ITS BURIED UNDER THE HOUSE, WELL, IT'S, IT'S NOT A PUBLIC UTILITY AT THAT POINT. IT BECOMES AN ELECTRICAL ISSUE. SO WE DON'T KNOW UNLESS THEY KNOW WHERE THE LINE IS. I MEAN, I WOULDN'T RECOMMEND BUILDING OVER A LINE. I WOULD PROBABLY RELOCATE IT, BUT YEAH, THAT'S UP TO THE BUILDER AND, YOU KNOW, PLANNING, PROPER [02:00:01] PLANNING. YEAH. THAT'S JUST NOT A CON THAT'S NOT SOMETHING THAT'S BEFORE THIS BOARD THOUGH. SO, SO WHAT THERE, THE STRUCTURE THAT, THAT THEY ARE REQUESTING TO BUILD, UM, IS A TWO STORY STRUCTURE MM-HMM . IN BESIDE WHAT APPEARS TO BE A ONE STORY HOUSE. AND THE SCALE OF THE, OF THE FRONT ELEVATION OF, OF THE TWO STORY CONSTRUCTION IS GROSSLY, UH, DIFFERENT THAN, THAN THE OVERALL OF THE, OF THE ONE STORY HOUSE SITTING NEXT DOOR TO IT. CLEARLY LEADING TO THIS AS AN ADDITION, NOT, NOT PART OF, OF THE ORIGINAL PART OF THE HOUSE. THERE'S, THERE'S, I BELIEVE THERE'S PLENTY OF ROOM IF THEY WANTED TO BUILD IT, TO BUILD IT BEHIND THE HOUSE, BEHIND THE FENCE. WELL, THAT'S THE ISSUE BEFORE THE BOARD. YEAH. SO, AND, UM, IF THE, THE, THE, ARE THOSE MY QUESTION IT CAN THOSE BE PROJECTED? HMM. THEY'RE, THEY'RE UP. OKAY. OKAY. SO AS, AS, AS YOU SEE THE, THE, THE ADDITION THERE, YOU KNOW, THERE THE, GRANTED THEY'VE MADE AN ATTEMPT TO, TO MATCH MATERIALS FOR THE HOUSE, BUT LOOKING AT, AT THE FACADE OF THE ADDITION AND THEN LOOKING AT THE FAC FRONT OF THE HOUSE, THE HOUSE CERTAINLY APPEARS AS YOU SEE IN THE TOP PHOTO, A ONE STORY HOUSE. OKAY. AND, AND, AND, AND THAT WHAT YOU HAVE SITTING NEXT TO IT IS, IS, SO STEPH, WHAT IS THE ZONING ON THIS PROPERTY? R SIX PUD. SO AN R SIX PUD, YOU'RE ALLOWED TO HAVE A TWO STORY HOUSE THAT'S NOT AN ISSUE BEFORE THIS BOARD. THAT, THAT'S SOMETHING THAT YOUR COMMITTEE CAN CERTAINLY ENTERTAIN. UH, BUT THIS BOARD IS, THAT'S NOT WELL THEN WHAT IT DOES SIT BEFORE THE, THE COMMITTEE, IF I UNDERSTAND IT, IS IF THEY'RE ASKING FOR A VARIANCE WHERE ORDINARILY THESE ARE BUILT BEHIND THE, THE HOUSE WHERE YES, YES. THE CODE DOES REQUIRE. OKAY. THAT'S, THAT, THAT FITS MORE WITH WHAT EXISTINGS IN THE NEIGHBORHOOD. THIS WOULD BE THE FIRST ONE, UH, BUILT BESIDE THE HOUSE. OKAY. AND, AND, AND WE ARE OPPOSED TO THAT. OKAY. AND WE, WE, AND WE HAVE ENTERTAINED IT TO REQUESTS FOR THAT AND, AND DENIED TO REQUEST JUST TO MAKE SURE AS THE NOTICES WENT OUT TO THE PROPERTY OWNERS, I DOUBT THAT ANY OF THESE RENDITIONS WENT OUT TO THE PROPERTY OWNERS. SO PEOPLE WERE, DIDN'T KNOW EXACTLY WHAT WAS BEING REQUESTED. OKAY. SO I I I, IT, I DON'T KNOW WHETHER YOU CAN CONFIRM THAT OR NOT. WHAT, WHAT NOTICE WAS SENT TO THE PROPERTY OWNERS FOR WHAT WAS ACTUALLY GONNA BE BUILT. UH, IT'S, HERE'S YEAH, THERE'S, THAT'S, THAT'S WHAT WAS SENT. YEAH. SO THERE'S NO, THERE'S NO, THIS IS WHAT THE, AND WE GOT NOTICE BY THE, BY THE HOA AND, AND SO PEOPLE DON'T ACTUALLY KNOW THAT THEY'RE PROPOSING TO BUILD A, A, A GARAGE IN AN A DU. YEAH. AND SO JUST TO CLARIFY ON THAT POINT FURTHER, UH, THE NOTICE DID INCLUDE THAT PAGE THAT YOU'RE HOLDING AS WELL AS THE SITE PLAN THAT IS PROJECTED HERE. UH, BEING THAT AGAIN, TO THE CHAIR'S POINT THAT THE ITEM BEFORE THE BOARD IS JUST THE SIDE YARD ISSUE. NO, WE DID NOT INCLUDE ANY RENDERINGS, THREE DS ELEVATIONS, ANYTHING LIKE THAT. BUT WE DID INCLUDE THE SITE PLAN JUST TO SHOW THAT THE LOCATION WAS TO BE ON THE SIDE YARD OF THE HOME. THANK YOU. THANK YOU. YES, SIR. THANK YOU. YEAH. SO, UH, JUST SO THAT, THAT THE BOARD UNDERSTANDS THAT, THAT THAT, UH, WE FELT THAT STRONG ENOUGH TO SHOW UP HERE AND TO TAKE A HALF A DAY OUT OF OUR SCHEDULES TO MAKE SURE THAT, THAT THE BOARD KNOWS THAT, THAT YOU, YOU, SO THE, THE NEIGHBORHOOD DOES NOT AGREE. SO THE A C DOES NOT AGREE THE, A CCC DID ISSUE A DENIAL LETTER. TWO, TWO DENIAL LETTERS. THAT'S IN THE FILE. IS THAT IN THE FILE? OKAY. DID THE APPLICANT EXERCISE THEIR RIGHT TO PETITION IT TO THE FULL BOARD? I, THEY, AS OF NOW, I HAVE NOT, NOT KNOWN THAT THEY HAVE OKAY. THEY, THAT THAT IS WITHIN THEIR RIGHT. JUST, I WAS JUST CURIOUS. YEAH, I, I, AS FAR AS I KNOW, THEY HAVEN'T, UH, THE, THE APPLICANT WOULD HAVE TO ANSWER THAT QUESTION MORE TIME. ALRIGHT. AND WE DO HAVE ONE MORE SPEAKER. JUST YEAH, WE HAVE ANOTHER SPEAKER. THANK YOU. THANK YOU. YEAH, THANK YOU. RANDALL HOLT? YEAH. ALL RIGHT. PLEASE STATE YOUR NAME AND TELL US YOUR THOUGHTS. RANDALL HOLT. I'M ALSO ON THE A CC, SO I'M A COMPANY, UH, KEN HERE. AND, UH, YOU HAVE TO, THE ONLY THING THAT SIR, YOU SIR, CAN YOU SPEAK INTO THE MIC? THANK YOU. OKAY. YEAH, YOU CAN MOVE IT. AND THERE YOU GO. UH, THE ONLY THING I'D LIKE TO ADD IS THAT IN THE HOA COVENANTS, ALL OF THE PROPERTIES IN EVANS RANCH ARE SIDE ENTRY GARAGES. THERE ARE EXCEPTIONS ALLOWED WHEN THERE ARE A A, A DETACHED GARAGE, IT HAS TO BE BEHIND THE FOOTPRINT OF THE HOUSE. AND THERE'S TWO IN THE NEIGHBORHOOD, BUT EVERY OTHER GARAGE IS SIDE ENTRY. OKAY. UH, AND THAT'S IN THE COVENANTS, AND THIS DOESN'T [02:05:01] MEET THAT. OKAY. WELL, THANK YOU VERY MUCH. I DON'T THINK THERE'S ANYTHING ELSE. UH, ONE QUESTION I WOULD HAVE IS, HAS THE OTHER, UH, NEIGHBORS BEEN TALKED TO, ARE THEY AWARE OF THIS IN ADDITION TO BEING SENT THE NOTICE? HAVE THEY BEEN TALKED TO AS PER STATE CODE? WE HAVE NOTIFIED THEM, BUT I CANNOT SAY ABOUT SPEAKING WITH THEM. AGAIN, WE FOLLOW STATE CODE. WE, WHAT HAPPENS IS, IS THAT THE APPLICANT CAN BE AS, AS, UM, HAVE AS MUCH RE OUTREACH AS THEY FEEL NECESSARY TO TRY TO SWAY THIS BOARD, UH, WITH THEIR REQUEST. UM, WE WILL HEAR FROM THEM AND WE'LL, WE'LL GET TO, WE'LL GET TO THE BOTTOM OF THAT. WELL, WE'VE HAD SOME PAST ISSUES, UH, WITH BUILDING PROJECTS IN OUR NEIGHBORHOOD THAT, UH, OKAY. THAT, UH, SO I KNOW, SO LET ME ASK YOU A QUESTION. I NOTICED THAT ABOUT HALF YOUR NEIGHBORHOOD IS ENCUMBERED BY A, UH, A LARGE DRAINAGE EASEMENT IN THE REAR OF THE YARDS. IS THAT SOMETHING THAT'S, THAT I NOTICED THIS IS ALSO UNIT THREE. IS, IS YOUR NEIGHBORHOOD, UH, HAVE SEPARATE HOAS OR ARE Y'ALL UNITS ONE, TWO, AND THREE? ALL ONE BIG HOA WE'RE 151 PROPERTIES. ONE HOA. OKAY. DO YOU KNOW HOW MANY OF THOSE PROPERTIES HAVE THOSE LARGE DRAINAGE EASEMENTS IN THE REAR OF THEIR, THEIR HOME? WHAT DO YOU THINK, KEN? MAYBE 2025? UH, NO, NO, MAYBE, MAYBE FIVE OR SIX. I HAVE ONE BEHIND MINE. OKAY. AND, AND, UH, BUT, UH, IT'S, IT'S BASICALLY A DRY CREEK. ALRIGHT. YEAH. THANK YOU. I, I'M, I JUST WAS CURIOUS. YEAH. YEAH. ALL RIGHT. THANK YOU VERY MUCH. LET'S HAVE THE APPLICANT COME BACK FORWARD. SO YOU'VE HEARD, YOU'VE HEARD FROM, UM, SOME COMMENTARY AND WE ALWAYS LIKE TO SEE IF THERE'S ANY OTHER QUESTIONS AND GIVE YOU AN OPPORTUNITY TO PROVIDE REBUTTAL. UM, IS THERE ANY QUESTIONS FROM THE COMMISSION? IS THERE ANYTHING YOU'D LIKE TO ADD? UM, MY UNDER MY HUSBAND'S BEEN HANDLING ALL THE HOA STUFF, SO IF I DON'T HAVE ALL THE DETAILS, APOLOGIES FOR THAT. UM, BUT THE FIRST DENIAL WAS THEY DID NOT BELIEVE THAT IT, UM, MATCHED THE FACADE. SO THAT'S WHAT WAS THE SECOND RENDERING WAS FOR. UM, AND THEN THEY WERE STILL UPSET ABOUT THAT HEIGHT, SO WE ARE VERY OPEN TO MAKING IT MATCH THE LOOK THAT THEY WOULD LIKE. UM, OTHERWISE, IN TERMS OF TALKING WITH NEIGHBORS, I'M AT WORK AT THE MILITARY BASE MAJORITY OF THE DAY AND THEN RUNNING CHILDREN AROUND TO ACTIVITIES. SO I HAVE NOT BEEN ABLE, ABLE TO SPEAK TO THEM. UM, AND MY HUSBAND HAS REALLY ONLY BEEN ABLE TO BE HERE FOR A WEEK HERE AND THERE, OR SOME WEEKENDS JUST WITH HIS DUTY STATION BEING OVER IN FORT RUCKER. UM, WE DO HAVE GOOD RELATIONSHIPS WITH A COUPLE OF OUR NEIGHBORS, TWO DOWN FROM US. SO IF YOU'RE LOOKING AT THE HOUSE, TWO TO THE LEFT, UH, THE BACK OF HIS FENCE, HE DID HAVE TO MOVE UP IN THE YARD BECAUSE IT HAD BEEN WASHED OUT ONCE OR TWICE ALREADY. UM, AND HE HAS THE SAME GREEN SPACE BEHIND US AND WE ARE RIGHT NEXT TO THAT, UH, WATER DRAINAGE AREA. SO WE'RE NOT SURE IF WE HAVE A WHOLE LOT OF RAIN. HOW MUCH IS GOING TO BE WASHED THROUGH THERE? DO LOOK, THERE DOES LOOK TO BE SOME GAPS UNDERNEATH THE FENCE IN THE BACK, BUT WE'VE ONLY BEEN THERE A YEAR, SO WE'RE NOT SURE WHAT THAT WOULD MEAN LONG TERM FOR ANY STRUCTURES BACK THERE AS WELL. OKAY. AND YOU HAD MENTIONED HOW MANY LARGE TREES YOU HAVE IN YOUR REAR YARD. LET'S SEE. OVER BY THE PATIO THERE'S PROBABLY TWO OR THREE. THEN OVER ALONG THAT SIDE, THERE'S ONE WITH MULTIPLE LARGE TRUNKS THAT ARE PROBABLY ABOUT YAY BIG COMING OUTTA THE GROUND. AND THEN SOME PROBABLY LIKE TWO OR THREE OTHERS THERE. AND THEN TOWARDS THE BACK, THE BACK RIGHT SIDE IS BASICALLY ALL LIVE OAKS AND JUNIPER TYPE TREES. AND THEN THE BACK LEFT HAS SOME SPACE WHERE, WHERE I'M GOING WITH THE QUESTION LINE OF QUESTIONING. SORRY, IS THAT, SO THIS BOARD WILL SOMETIMES HEAR, UH, IT'S ALL ABOUT HARDSHIPS. YES, SIR. YOU KNOW, WHY, WHAT'S KEEPING YOU FROM PUTTING THIS IN THE REAR OF YOUR HOME? LIKE, YOU KNOW, LIKE THE CODE REQUIRES MM-HMM . SO HAVING A LARGE DRAINAGE EASEMENT IS ABSOLUTELY SOMETHING THAT, THAT WOULD BE OUR CONCERN. UM, HAVING LARGE TREES, UH, ESPECIALLY WHEN YOU'RE OVER, OVER THE EDWARDS AQUIFER, YOU KNOW, MAINTAINING TREES AND ALL THAT GOOD STUFF. MM-HMM . IS, IS ANOTHER ENCUMBRANCE. UH, YOU KNOW, MAYBE IF YOU HAVE A VERY LARGE LOT OR SOMETHING UNIQUE ABOUT YOUR LAND THAT OTHER PEOPLE DON'T HAVE IS SOMETHING THAT THIS BOARD WOULD LIKE TO HEAR ABOUT. UH, I NOTICED THAT YOU'RE ONE OF THE FEW LOTS THAT HAVE A 12 FOOT DRAINAGE RIGHT AWAY. THERE'S A COUPLE OF THEM PROVIDED ELSEWHERE IN YOUR NEIGHBORHOOD IN A HANDFUL OF PLACES, BUT YOU ACTUALLY HAVE AN ADDITIONAL WIDTH THAT ISN'T ENCUMBERING ANYBODY. UM, IT'S NOT PART OF YOUR, YOUR LOT OR YOUR NEIGHBOR'S LOT. SO THERE'S AN EXTRA 12 FEET THAT THAT DOES ADD TO, YOU KNOW, EVERYTHING THAT WE'RE HEARING TODAY. SO THAT'S THE KIND OF STUFF WE'RE LOOKING FOR. IF THERE'S, UH, ANYTHING ELSE YOU'D LIKE TO ADD? I REALLY WISH MY HUSBAND WAS HERE, . IT'S OKAY. UM, YEAH, JUST A LOT OF BIG TREES IN THE BACK AND JUST HOW WOULD WE GET THINGS BACK THERE IF [02:10:01] WE DID HAVE THE GARAGE WITH THE A DU AND THE LIKE. OKAY. IT JUST WOULD BE DIFFICULT. ANY OTHER QUESTIONS? YEAH, I JUST WANTED TO, YES. UM, COMMISSIONER BANG, IT LOOKS LIKE, UH, THE LOT SLOPES TOWARDS THE BACK. MM-HMM . YES. SO HOW MUCH OF AN ELEVATION CHANGE IS, IS THERE FROM SAY THE PROPOSED SITE AND THE BACKYARD WHERE THE A CC IS PREFERRING THE ADDITION TO BE? THERE WAS A, LIKE IF, IF YOU LOOK AT THE IMAGE, THE BOTTOM PORTION, THAT'S PRETTY MUCH LEVELED WHERE THE A DU FINISHED FLOOR IS GONNA BE AT. BUT IT SLOPES DOWN TO ABOUT FOUR FEET. BY THE TIME IT, YOU GET TO THE UPPER SIDE OF IT, IT'S LOOKING AT THE IMAGE. SO THERE'S A SLOPE GOING TOWARDS THE BACK, JUST TO THE BACK OF THE HOUSE. IT'S LIKE FOUR FOOT, FOUR FOOT DROP. SO THAT'S CLOSE TO THE FINISHED FLOOR AND IT JUST STARTS GOING TO THIS POINT THERE. YOU GONNA CLOSE TO FOUR FEET? WELL, I'M TALKING, I'M TALKING ABOUT TO THE, TO THE BACK REAR OF THE PROPERTY OVER HERE. YEAH. SO IT, SO WHAT IS THE SLOPE DIFFERENTIAL BETWEEN THE PROPOSED SITE OF THE A DU AND IT'S, YOU GO TOWARDS THE BACK OF THE PROPERTY, WHAT'S THE DIFFERENTIAL? I CANNOT SAY WHAT I, THE ONLY ONE I HAD OBSERVED WAS HERE, THE SUBDIVISION PLAT IS REFLECTING A 10 FOOT DROP FROM ABOUT THE BACK OF THE HOUSE TO THE BACK PROPERTY LINE. MM-HMM . OKAY. SO THAT WOULD BE CONSIDERABLE IN TERMS OF FOUNDATION TO TRY AND RIGHT. AND IT'S PROBABLY MORE THAN THAT. I'M, THESE ARE FIVE FOOT CONTOURS, SO THERE'S PROBABLY COULD BE 12 FEET JUST FROM, FROM HERE, YOU KNOW, SO QUITE IMPRACTICAL TO TRY AND PUT IT, UH, IN THE BACKYARD BEHIND THE, THE, THE BACK OF THE HOUSE. RIGHT. ANOTHER, ANOTHER ITEM IS, IS THAT THIS BEING OVER THE EDITOR PHOTOGRAPHER, THE LEAST AMOUNT OF IMPERVIOUS COVER IS ALWAYS BEST. AND, YOU KNOW, RUNNING A A, A DRIVEWAY AND PUSHING THAT ALL THE WAY TO THE REAR IS JUST ADDITIONAL IMPERVIOUS COVER THAT SERVES NO PURPOSE. SO IF, IF, UH, THAT IN CON IN CONJUNCTION WITH THE LARGE TREES, THE SLOPE DROP, THE 12 FOOT ON THE SIDE, THERE'S A LOT OF THINGS PILING UP ON THIS THAT, THAT MAKE ME OKAY WITH IT. BUT THAT'S JUST ME. DEAN, I STILL HAD A QUESTION. MR. CHAIR, WHAT IS THE INTENT OF THE A DU? ARE YOU GONNA HAVE A-S-T-R-A SHORT-TERM RENTAL? OH, OR WHAT? IT'D BE MORE FAMILY MEMBERS COMING TO VISIT THE NEIGHBORHOOD. DOESN'T SEEM CONDUCIVE TO SHORT-TERM RENTALS. UM, BUT HAVING SOMETHING THAT IF WE HAD FAMILY VISITING, THEY WOULD HAVE SPACE. 'CAUSE WE DON'T HAVE A SPACE IN THE HOME. UM, THAT IF THEY WANTED, THEY COULD SHOWER, MAKE SOME FOOD IF THEY WANTED WITHOUT HAVING TO COME INTO THE HOME. HOW, HOW MA IN THE, THE MAIN HOUSE, HOW MANY BEDROOMS ARE THERE? FOUR BEDROOMS, HOW MANY ADULTS? ONE RIGHT NOW, BUT TWO, WHEN HE GETS HERE NEXT MONTH. OKAY. THEN WE HAVE FOUR CHILDREN RIGHT NOW. OKAY. THAT'S ALL I, YEAH, I WAS JUST WONDERING IF THE, THE HARDSHIP HERE, IF FOR WHATEVER WHATEVER REASON THIS MOTION DOESN'T PASS. I MEAN THE ABILITY TO, TO JUST CONNECT THE TWO BUILDINGS WITH SOME STRUCTURE AND THEN YOU DON'T EVEN HAVE TO CALL IT AN A DU, IT'S JUST PART OF THE BUILDING. I'D LIKE WE HAD THOUGHT ABOUT THAT. UM, WE HAVE THE ELECTRIC AND THE SOLAR PANEL AND THE GAS ALL ON THAT SIDE AND WE'RE NOT SURE HONESTLY IF WE COULD EVEN CONNECT IT TO THE HOUSE THERE. I MEAN, THE CONNECTIVITY COULD BE SOMETHING SIMPLE JUST LIKE A ROOF LINE CONNECT. I MEAN, I'M NOT YEAH. YEAH. THAT, THAT'S A DESIGN THAT WE THOUGHT ABOUT IT JUST CONNECTING THE ROOF LINES. BUT THERE IS A AC UM, THE GAS METER, UM, THE ELECTRICAL METERS ALL RIGHT HERE. SO CODE WISE WE WILL MEET THE REQUIREMENTS OF CLEARANCES WITH WHAT THEY NEED, BUT THAT THERE'LL BE A LOT OF, UH, EXTRA WORK TO RELOCATE THAT. THE ONLY OTHER OPTION THAT WE THOUGHT ABOUT IS JUST CONNECTING ROOFS. RIGHT. BUT I, I DON'T, I DON'T KNOW THAT'S, THAT'S MORE OF A DESIGN OPTION THAT WE, WE'VE THOUGHT ABOUT. BUT WE WOULD LIKE, WE WOULD LIKE TO PRESENT THIS FIRST AND THEN THINK ABOUT OTHER DESIGN OPTIONS. 'CAUSE WE STILL HAVE NOT FINISHED WITH THE DESIGN. RIGHT. AND I DO BELIEVE FROM A CITY PERSPECTIVE, WE WOULD WANT THE WALLS TO BE CONNECTING, NOT LIKE A ROOF CONNECTION. THEY HAVEN'T ALLOWED US TO CONNECT ROOFS ON OTHER SIMILAR JOBS TO COUNT THAT AS BEING ONE. YEAH. UH, REED? YES. COMMISSIONER REED. UM, AND AGAIN, I FORGIVE, FORGIVE ME IF YOU'VE ALREADY SAID THIS, BUT, UM, DID YOU EXPLORE PUSHING THIS BACK? I UNDERSTAND THE TREES AND I UNDERSTAND THE GRADE ISSUES, BUT, UM, TO ME IT DOES SEEM LIKE THERE'S SPACE BEFORE YOU GET TO THAT, UM, VARIANCE, FLOOD WATER VARIANCE. DO YOU HAVE A CERTAIN LIKE, UM, AERIAL VIEW OF THE PROPERTY? YES. STAFF CAN BRING UP AN AERIAL VIEW. [02:15:01] YEAH. SO YOU CAN SEE THERE, THERE'S, THERE'S TREE RIGHT THERE ALREADY. SO WE START PUSHING IT BACK. JUST EVEN IF WE PUT IT HERE IN THE BACK, YOU, THERE'S A COUPLE LARGE TREES RIGHT THERE. YEAH. IT'S 40 FEET DEEP. SO YOU'LL BE REMOVING, WE'LL BE REMOVING A FEW TREES AT THAT POINT. AND FROM THAT, UM, WATER RUNOFF, YOU CAN SPEAK INTO THE MICROPHONE PLEASE. ALRIGHT SIR. UM, FROM THAT WATER RUNOFF AREA, IT DOES HAVE A SLOPE DOWN TOWARDS THE HOUSE AS WELL. OF WHAT, COUPLE FEET PROBABLY. MM-HMM . FROM THE TOP AT THE FENCE LINE DOWN TO KIND OF WHERE THE HOUSE IS, JUST FOR THAT SMALL SECTION AS WELL. OKAY. IS THERE ANY OTHER QUESTIONS? WELL, THANK YOU VERY MUCH. ALRIGHT. I'M LOOKING FOR A MOTION. THERE'S ONE MORE COMMENT. NO, WE'RE WE'RE CLOSED. TOO LATE. WE'RE TOO LATE. SORRY. STEVENS COMMISSIONER STEVENS, REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 0 0 9 2, I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A VARIANCE FROM THE UDC ACCESSORY DWELLING UNIT STANDARDS TO ALLOW A NEW ACCESSORY DWELLING UNIT IN THE SIDE YARD OF THE PROPERTY SITUATED AT 2 2 3 1 5 ROWAN FOREST APPLICANT BEING BARRETT CAMPBELL, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED, 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. ALLOWING THE ACCESSORY DWELLING UNIT WITHIN THE SIDE YARD WILL PRESERVE EXISTING MATURE TREES IN THE REAR YARD WHILE MAINTAINING ADEQUATE SPACING ON THE PROPERTY AND COMPATIBILITY WITH THE SURROUNDING RESIDENTIAL AREA. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. STRICT APPLICATION OF THE REAR YARD PLACEMENT REQUIREMENT WOULD NECESSITATE THE REMOVAL OF ESTABLISHED TREES AND LIMIT REASONABLE DEVELOPMENT OF THE PROPERTY DESPITE SUFFICIENT SPACE EXISTING WITHIN THE SIDE YARD. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE REQUESTED VARIANCE SUPPORTS THE, THE INTENT OF THE ORDINANCE BY ALLOWING AN APPROPRIATELY SCALED RESIDENTIAL ACCESSORY STRUCTURE WHILE MINIMIZING ENVIRONMENTAL IMPACTS AND PRESERVING THE EXISTING CHARACTER OF THE SITE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE, THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PROPOSED ACCESSORY DWELLING UNIT WILL REMAIN THAT RE RESIDENTIAL IN NATURE FIT WITHIN THE EXISTING DEVELOPMENT PATTERN AND WILL NOT NEGATIVELY IMPACT ADJACENT PROPERTIES OR THE OVERALL CHARACTER OF THE NEIGHBORHOOD. SIX. THE PLAY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE HARDSHIP IS ATTRI ATTRIBUTABLE TO THE EXISTING PLACEMENT OF MATURE TREES AND THE PHYSICAL LAYOUT OF THE PROPERTY, WHICH UNIQUELY CONSTRAINED REAR YARD DEVELOPMENT. AND WERE NOT CREATED BY THE CURRENT OWNER. END OF MOTION. SECOND. WE HAVE A MOTION A SECOND. COMMISSIONER STEVENS, I'LL, I'LL BE IN FAVOR OF THIS, UH, FOR A COUPLE OF REASONS. I'M, I'M ALWAYS IN FAVOR OF MAINTAINING MATURE TREES. UM, I THINK THAT THERE'S, WITH THESE LARGER LOTS, THERE'S CLEARLY ADEQUATE BUFFER FROM THE FRONT PROPERTY LINE, THE SIDE PROPERTY LINE, GIVEN THE DRAINAGE EASEMENT. UM, I, I THINK THAT THE OVERALL HEIGHT OF THE, THE STRUCTURE WHILE, UM, MAYBE SLIGHTLY TALLER THAN THE, UH, THE PRIMARY RESIDENCE IS STILL APPEARS TO BE LOWER THAN THE A A, A BUDDING PROPERTY. UM, AND I, I THINK THAT LIMITING IMPERVIOUS COVER TO THE FRONT OF THE PROPERTY MAINTAINS ALL THIS NICE VEGETATION TOWARDS THE REAR. SO I'LL BE IN SUPPORT. THANK YOU COMMISSIONER AMANDA. I, I'M, I CONCUR WITH MY COLLEAGUE. UM, YOU KNOW, THE CITY HAS RECOMMENDED APPROVAL, UH, OF THIS AS WELL. AND AS I TAKE A LOOK AT ALL OF THE, AS WE GO AND LOOK AT OTHER, UM, REQUESTS SUCH AS THIS, YOU KNOW, IT'S, IT'S, WE HAVE SELDOM VOTED AGAINST THIS KIND OF DEVELOPMENT. AND SO, SO I, YOU KNOW, IF I TRY TO BE APPLES, APPLES AS I LOOK AT EVERYBODY ELSE'S, PUT A SIMILAR REQUEST, YOU KNOW, WE'VE BEEN VOTING IN OR I VOTED IN FAVOR. UM, ADDITIONALLY, YOU KNOW, SO SEVERAL OF THE THINGS THAT ARE BEING REQUESTED, YOU KNOW, WITH REGARDS TO HEIGHTS IN THAT, THAT'S BY RIGHT? AND SO, SO THERE'S, UM, AN ARCHITECTURAL DIALOGUE CAN HAPPEN WITHIN THE COMMUNITY ITSELF TO WEIGH INTO, UH, HOW THAT GOES. AND, AND IT DOES APPEAR THAT THE APPLICANT IS BEING, UM, IT IS, UM, TRYING TO WORK WITH, WITH THE ORG, WITH THE NEIGHBORHOOD ASSOCIATION TO RESOLVE THAT PART OF [02:20:01] IT. AND, AND SO, SO I THINK SOME OF IT WILL BE HANDLED OUTSIDE OF THIS DIALOGUE. SO OUTSIDE OF THAT, YOU KNOW, I, I SEE NO REASON TO, UH, TO NOT APPROVE THIS. THANK YOU. ANYONE ELSE LIKE TO ADD? UH, I'LL JUST SAY I'M IN FAVOR, UH, MOSTLY 'CAUSE THE ITEMS I STATED BECAUSE THIS BEING OVER THE EDGES AQUIFER, REDUCING IMPERVIOUS COVER IS SUPER IMPORTANT. SAVING THE BIG TREES SUPER IMPORTANT. AND THIS ONE'S UNIQUE 'CAUSE IT HAS A LARGE 12 FOOT, UH, DRAINAGE ON THE SIDE OF IT, SO THERE'S MUCH EXTRA PADDING. SO LET'S HAVE A ROLL CALL. VOTE. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER MENNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER EZ? YES. COMMISSIONER VASQUEZ. I CONCUR. CHAIR ORIAN AND I CONCUR THE FINES OF FACT. MOTION PASSES 10 TO ZERO. UM, YOU STILL GOTTA DEAL WITH THE, UH, HOA, SO PLEASE, UH, COORDINATE WITH THEM, BUT THANK YOU. MM-HMM . TAKE A BREAK. YEAH, SO WE'RE GONNA BE TAKING A SEVEN TO EIGHT MINUTE BREAK. WE'LL SEE ALL BACK IN ABOUT THREE 30. 3 33. WE'RE BACK IN SESSION, . ALRIGHT, UH, LET'S SEE. ITEM NUMBER SEVEN. SORRY, 94. RIGHT? GOOD AFTERNOON. JOEL VELA, SENIOR PLANNER WITH THE BOARD OF ADJUSTMENT. ITEM SEVEN IS BO EIGHT DASH 26 DASH 1 0 3 0 0 9 4. THE APPLICANT BEING JOSE SKIVE VEGA IN DISTRICT 10. THE ADDRESS IS TEN NINE OH THREE LAZY OAKS DRIVE. THIS IS A REQUEST FOR A THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A SIX FOOT THREE INCH FRONT SETBACK AND TWO, A THREE FOOT, TWO INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A ONE FOOT 10 INCH WEST SIDE SETBACK. UH, THE SUBJECT PROPERTY IS GENERALLY LOCATED WEST OF THE INTERSECTION OF NACODOCHES AND WBA PARKWAY ALONG LACY OAK DRIVE, AND IS, UH, SURROUNDED BY OTHER PROPERTIES ZONED R SIX SINGLE FAMILY DISTRICT. A CODE ENFORCEMENT INVESTIGATION OF THE PROPERTY BEGAN IN OCTOBER, 2022 IN RESPONSE TO A CITIZEN REPORT FROM WHICH A NOTICE OF VIOLATION WAS ISSUED FOR BUILDING A CARPORT WITHOUT A PERMIT. IN JANUARY, 2023, THE PROPERTY OWNER OBTAINED A SIDE AND FRONT SETBACK VARIANCE FROM THE BOARD OF ADJUSTMENT AND A PERMIT FOR THE CARPORT WAS CON, UH, WAS ISSUED REQUIRED. INSPECTIONS WERE NOT COMPLETED WITHIN SIX MONTHS, AND THE ISSUED PERMIT EXPIRED IN JULY, 2023. A NEW PERMIT WAS ISSUED IN AUGUST, 2024, WHICH ALSO EXPIRED IN DECEMBER, 2025. VARIANCE GRANTED BY THE BOARD OF ADJUSTMENT EXPIRED IN JANUARY, 2023, EXCUSE ME, JANUARY, 2024 AND CAN NO LONGER BE USED FOR THE ISSUANCE OF A NEW PERMIT PRIOR TO THE ISSUANCE OF A NEW PERMIT, THE COMPLETION OF THE AND COMPLETION OF REMAINING INSPECTIONS, THE PROPERTY OWNER MUST OBTAIN A NEW VARIANCE APPROVAL FROM THE BOARD OF ADJUSTMENT. STAFF OBSERVED CARPORTS IN THE AREA SIMILARLY ENCROACHING INTO MINIMUM REQUIRED SETBACKS, BUT NOW FOUND NO APPROVED VARIANCES FOR SUCH CONSTRUCTION. UH, SHOWN HERE IS THE SUBJECT PROPERTY FROM THE FRONT YARD, AND HERE'S A BETTER LOOK AT THE SIDE SETBACK FOR THAT CARPORT STRUCTURE AND THE SURROUNDING AREA. AND YOU CAN SEE SOME OF THESE CARPORTS IN THE AREA. STAFF RECOMMENDATION FOR THE FRONT AND SIDE SETBACK VARIANCES STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE PROPOSED SIDE SETBACK DOES NOT PROVIDE ADEQUATE SPACE TO MAINTAIN THE STRUCTURE WITHOUT ACCESSING ADJACENT PROPERTY OR TO MITIGATE AGAINST POTENTIAL DAMAGE FROM FIRE SPREAD AND WATER RUNOFF. TWO, THE PROPOSED FRONT SETBACK WOULD NOT OBSERVE THE SPIRIT OF THE ORDINANCE, WHICH IS TO PROMOTE ORDERLY DEVELOPMENT IN THE PRESERVATION OF OPEN FRONT YARD SPACE IN THE SINGLE FAMILY RESIDE RESIDENTIAL DISTRICT. AND THREE, THERE'S ADEQUATE SPACE OVER THE EXISTING DRIVEWAY TO CONSTRUCT A CARPORT WHICH COMPLIES WITH MINIMUM REQUIRED SETBACKS. STAFF MAILED OUT 23 NOTICES ZERO OR RETURN IN FAVOR? ZERO IN OPPOSITION. ONE VOICEMAIL WAS RETURNED IN FAVOR AND THERE IS NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET OF THE SUBJECT PROPERTY. THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. SO CAN CAN YOU, UH, UH, ELABORATE ON WHAT IS KEEPING, YOU KNOW, THEY OBTAINED A PERMIT BUT THEY DIDN'T GET THE INSPECTIONS. WHAT, WHAT, WHAT DID THEY, WAS ANY WORK DONE? WAS ANYTHING DONE TO MOVE FORWARD TOWARD PROGRESS? SO THE CARPORT WAS OBVIOUSLY ALREADY CONSTRUCTED. UM, SO THE KIND OF ORDER OF OPERATIONS IS, YOU KNOW, YOU GET YOUR APPROVAL FROM THE BOARD OF ADJUSTMENT, THAT'S GOOD FOR A YEAR. YOUR PERMIT, ONCE YOU OBTAIN IT, IS GOOD. FOR SIX MONTHS. THEY WENT THROUGH THAT KIND OF, UH, RINGER TWICE TO GET THEIR [02:25:01] PERMIT, WHICH EXPIRED. THEY GOT ANOTHER PERMIT THAT ALSO EXPIRED TO KEEP THAT PERMIT FROM EXPIRING. WITHIN THAT SIX MONTH PERIOD, YOU HAVE TO CALL AN INSPECTION, EITHER A FRAMING, INSPECTION OR FINAL. I BELIEVE THOSE ARE THE ONLY TWO INSPECTIONS REQUIRED FOR A CARPORT FRAMING AND FINAL. SO REALLY THE THING IS HOLDING THAT'S HOLDING THEM UP AT THIS TIME IS GETTING A FINAL INSPECTION ON THIS CARPORT, WHICH WAS NEVER, BUT THEY DIDN'T GET FAILED. DID INSPECTIONS FAIL ANYTHING? I MEAN, I CAN FIND THAT OUT. I DON'T HAVE A RECORD OF FAILED INSPECTION. BUT THE, THE FINAL NEEDS TO BE RESULTED. I MEAN, FOR A PAST IT KIND OF SOUNDS LIKE THEY GOT A PERMIT AND IT DIDN'T DO ANYTHING. IS THAT TRUE? OR, I WILL FIND THAT OUT. UH, WH WHICH INSPECTIONS WERE RESULTED ON THOSE PERMITS? OKAY. YEAH, GIMME ONE SEC. ALRIGHT, AND LET'S HAVE THE APPLICANT COME FORWARD. HELLO. STATE YOUR NAME. TELL US ABOUT YOUR MM-HMM . OKAY. OKAY. SO YES. HI. GOOD AFTERNOON. THANK YOU FOR THE OPPORTUNITY. UH, I'M JOSE VEGA AND I LIVE AT, UH, 1 0 9 0 3 LACEY OAKS DRIVE. I'M THE PROPERTY OWNER AND I'M HERE, UH, LOOKING FOR SUPPORT AND THE SINCE TO GET APPROVED, THE FINAL PERMIT, UM, BECAUSE I CONTACT THE, THE, UH, PERSONAL AND I WAS TOLD THAT IT WAS EXPIRED AND UM, I NEED TO GET THE FINAL INSPECTION DONE. UH, THERE WAS A HEARING BEFORE AND IT WAS APPROVED. AND FOR THAT I THANK YOU. I THANK THE PUBLIC AS WELL. HAS, HAS THE APPLICANT RECEIVED ANY INSPECTIONS FROM THE CITY UNDER THAT PERMIT? YES, UH, ACTUALLY I RECEIVE A PERSON AT HOME THAT DID AN INSPECTION AND HE FOUND THAT IT WAS, THERE WAS AN UNLEVEL PART. IT WAS THREE, UH, YEAH, IT WAS, UH, THREE UH, INCHES OR SOMETHING. UH, AND UM, AND UH, HE TOLD ME THAT I NEEDED TO HIRE SOMEONE TO FIX THAT. AND I CAME AND I PRESENTED A LETTER. I PRESENTED A STRUCTURAL LETTER. YEAH. AND THERE IS LISTED ALL OF THE INFORMATION AND ALSO THE NAME FOR THAT CONTRACTOR. YEAH. AND I'LL GO AHEAD AND ADD ON HERE JUST A LITTLE BIT AS WELL. MM-HMM . UM, THE FIRST PERMIT THAT WAS ISSUED, NO INSPECTIONS WERE RESULTED ON THAT ONE, THAT ONE EXPIRED SECOND PERMIT WAS ISSUED. THERE'S THREE INSPECTIONS THAT ARE REQUIRED FOR A CARPORT FOUNDATION, UH, WITH A LETTER, UM, WHICH WAS SUBMITTED BY AN ENGINEER FRAMING AND FINAL FOUNDATION WITH LETTER PASSED. AND LIKE HE SAID, HE SUBMITTED THAT, THAT ENGINEERED LETTER, UH, THE FRAMING FAILED COMMENTS THAT, UH, THE STRUCTURE WAS LEANING. OKAY. ABOUT THREE INCHES. I GUESS THAT'S IN REFERENCE TO THE POST. IT DOESN'T SPECIFY CARPORT STRUCTURE LEANING TO LEFT ABOUT THREE INCHES. SO I GUESS THERE WAS SOME STRUCTURAL ISSUE AT POINT. SO THE ATE HAS MADE SOME PROGRESS TOWARDS WORKING ON THE PERMIT, IT JUST HASN'T BEEN COMPLETED? THAT IS CORRECT. OKAY. ALRIGHT. IS THERE ANY QUESTIONS? THE COMMISSION? NO. MANAM COMMISSIONER MANNA. SO THERE WAS, UM, A PHONE MAIL LEFT, [02:30:01] UM, ON THE SYSTEM. WAS IT THE APPLICANT WHO LEFT THAT PHONE MAIL MESSAGE OR WAS THAT SOMEBODY ELSE WHO LEFT THAT MESSAGE? SO WAS THE RECORDING? YES. OKAY. YEAH, I WAS GONNA, I HAD ASKED, UH, YOU KNOW, BASIN FROM WHAT DISCUSSION I HEARD FROM THE REST OF THE COMMISSION TO HAVE STAFF READ OR AT LEAST, UH, TRANSLATE THE VOICEMAIL. BUT IF IT'S FROM THE APPLICANT, YEAH. AND THEN THE SECOND QUESTION, UM, AND I TRIED TO FIND THE CASE, DO WE KNOW IF THE PRIOR DIALOGUE INCLUDED GUTTERS ON THE STRUCTURE AS WELL? UM, BECAUSE IT, UM, YOU KNOW, IT IS A BUDDING THAT PROPERTY AND HISTORICALLY WE, YOU KNOW, WE'VE ASKED FOR THAT AND SO JUST WANNA MAKE SURE THAT THAT'S INCLUDED AS WELL. SO DOES, SO MAYBE THE APPLICANT, DO YOU RECALL IN THE PRIOR APPROVAL WHETHER OR NOT, UH, THE BOARD HAD ASKED FOR GUTTERS TO BE APPLIED, UH, ONTO THE CARPORT ITSELF? WELL, STAFF CAN LOOK UP YES. YES. IN FACT, I'VE ALREADY SPOKEN WITH A COMPANY TO COME OVER AND GIVE ME AN ESTIMATE FOR THAT. SO IS IS IT WAS INCLUDED TO BE SAFE, HIS APPLICA IS HE AMENDING HIS APPLICATION TO INCLUDE GUTTERS. OKAY. SO, UH, YES, BUT WHEN I GOT APPROVED, UM, I, THEY DIDN'T MENTION ANYTHING ABOUT IT. SO STAFF ON, ON THE PREVIOUS BOA APPROVAL, CAN YOU SEE IF THE, UH, AMENDMENTS YEAH. THE, THE PREVIOUS APPROVAL NOTICE OF DECISION THAT WAS SENT TO THE APPLICANT DID NOT INCLUDE REFERENCE TO GUTTERS? DID NOT. OKAY. DID NOT, YEAH. BUT WOULD THE APPLICANT AMEND THEIR APPLICATION? IS THAT SOMETHING THEY'RE INTERESTED IN DOING TODAY? YES, I'M WILLING TO DO SO AND I'M WAITING FOR THE CONTRACTOR OKAY. TO COME AND TO ME. WELL, THANK YOU VERY MUCH, MUCH. IS THERE ANY OTHER QUESTIONS, MAYOR? NOW LET'S HAVE A, UM, LOOKING FOR A MOTION. OKAY. COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 26 DASH 0 3 0 0 0 9 4. I MOVED THE BOARD OF ADJUSTMENT. GRANTED A REQUEST FOR ONE A THREE FOOT NINE INCH VARIANCE FROM THE MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A SIX FOOT THREE INCH FRONT SETBACK AND TWO, A 3.3 FOOT TWO INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SETBACK TO ALLOW CARPORT WITH GUTTERS, UH, WITH A ONE FOOT 10 INCH WEST SIDE SETBACK, SITUATED AT 1 0 9 0 3 LAZY OAKS DRIVE. APPLICANT BEING JOSE ESQUIVEL VEGA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS 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. THESE VARIANCES WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS THE PROPOSED SETBACKS PROVIDE ADEQUATE SPACE TO MAINTAIN THE STRUCTURE WITHOUT ACCESSING ADJACENT PROPERTY AND TO MAINTAIN OPEN FRONT YARD SPACE. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE IS NOT SUFFICIENT WIDTH AND DEPTH OVER THE EXISTING DRIVEWAY TO CONSTRUCT A CARDBOARD WHICH COMPLIES WITH THE MINIMUM OF FRONT AND SIDE SETBACK STANDARDS. THREE, BY GRANTED THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THERE WOULD BE ADEQUATE SPACE BETWEEN ADJACENT PROPERTY AND THE FRONT PROPERTY LINE TO MITIGATE AGAINST DAMAGE FROM FIRE SPREAD AND WATER RUNOFF AND TO PREVENT TO PROPERLY MAINTAIN THE SIDE OF THE STRUCTURE WITHOUT ACCESSING ADJACENT PROPERTY. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THESE VARIANCES WOULD NOT SUBSTANTIALLY INJURE ADJACENT CONFORMING PROPERTY. A SUFFICIENT SPACE WOULD REMAIN TO MAINTAIN THE STRUCTURE AND PRESERVE OPEN FRONT YARD SPACE. SIX. THE PLIGHT OF THE OWNER FOR WHICH THE PROPERTY IS VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT [02:35:01] IN WHICH THE PROPERTY IS LOCATED. THE ENCROACHMENTS INTO THE MINIMUM REQUIRED. FRONT AND SIDE SETBACKS ARE THE RESULT OF LIMITED SPACE ON THE PROPERTY AND OVER THE EXISTING DRIVEWAY TO CONSTRUCT, UH, BEHIND THE MINIMUM REQUIRED SETBACKS. END OF MOTION. SECOND. SECOND BY COMMISSIONER STEVENS. COMMISSIONER BRAMAN? UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION, UM, WITH THE ADDITION OF THE GUTTERS ON THE CARPORT AND THE FACT THAT THERE ARE OTHER CARPORTS IN THE NEIGHBORHOOD SO IT, IT'S NOT OUT OF CHARACTER. UM, AND OBVIOUSLY HE WILL STILL HAVE TO PASS ALL THE, UM, PERMITS, UM, INSPECTIONS. SO I'LL BE IN SUPPORT. THANK YOU. COMMISSIONER STEVENS? YEAH, I'LL BE SUPPORT IN SUPPORT OF THIS. I THINK, UH, THIS WAS PREVIOUSLY APPROVED AND THE APPLICANT HAVING TO COME BACK FOR APPROVAL IS REALLY BASED ON A FUNCTION OF TIME, SO I'LL BE IN SUPPORT. THANK YOU. ANYONE ELSE LIKE TO ADD? HEARING NONE. LET HAVE A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER BONIS? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER MANNA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER VASQUEZ? YES, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. THANK YOU. ITEM NUMBER EIGHT, GOOD AFTERNOON. JOEL VELA, SENIOR PLANNER WITH THE BOARD OF ADJUSTMENT. ITEM EIGHT IS BO OA DASH 26 DASH 0 3 0 0 0 9 5. THE APPLICANT BEING LEROY DALI, UH, DAVILA IN DISTRICT TWO AT 1730 NOLAN STREET. THIS IS A REQUEST FOR ONE A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE SIX INCHES FROM THE EAST SIDE PROPERTY LINE. AND TWO, A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY CLEAR VISION AREA TO ALLOW AN 11 FOOT SIX INCH DRIVEWAY CLEAR VISION AREA. THE SUBJECT PROPERTY IS LOCATED WEST OF THE INTERSECTION OF NOLAN STREET AND LOCKHART STREET AND IS SURROUNDED BY PROPERTY ZONED R FOUR AND MF 33. UH, AERIAL IMAGERY INDICATES A CARPORT WAS ERECTED IN THE EAST SIDE YARD OF THE PROPERTY AS EARLY AS FEBRUARY, 2024. A CODE ENFORCEMENT INVESTIGATION OF THE PROPERTY BEGAN IN RESPONSE TO A CITIZEN CALL IN APRIL, 2026 FROM, FROM WHICH A NOTICE OF VIOLATION WAS ISSUED TO THE PROPERTY OWNER FOR BUILDING A CARPORT WITHOUT A PERMIT. GIVEN THE CARPORT'S LOCATION, A PERMIT CANNOT BE ISSUED WITHOUT THE APPLICANT FIRST DEMONSTRATING COMPLIANCE WITH MINIMUM SIDE SETBACK STANDARDS OR THE ISSUANCE OF A SETBACK VARIANCE FROM THE BOARD OF ADJUSTMENT. STAFF ALSO IDENTIFIED NON-COMPLIANCE WITH THE MINIMUM REQUIRED DRIVEWAY CLEAR VISION AREA WITH REGARD TO A PREDOMINANTLY OPEN FRONT YARD FENCE ON THE PROPERTY. ALTHOUGH A PERMIT WAS ISSUED FOR THE CONSTRUCTION OF SUCH FENCE IN APRIL, 2026, THE CONSTRUCTION MUST STILL COMPLY WITH ALL APPLICABLE CODE STANDARDS. THE FRONT FENCE LINE FOLLOWS THE FRONT PROPERTY LINE AS FENCES ON SEVERAL OTHER PROPERTIES ALONG THIS BLOCK. PHASE SHOWN HERE IS A SITE PLAN JUST TO NOTE IN THE LOCATION OF THAT CARPORT AGAIN IN THE EAST SIDE YARD AND THE FRONT YARD, UH, DRIVEWAY, CLEAR VISION BEING AN ISSUE IN THIS CASE. HERE'S THE FRONT VIEW OF THE PROPERTY FROM THE STREET AND A BETTER LOOK OF THAT CARPORT. UH, SHOWN HERE IS KIND OF JUST A COMPARISON OF WHAT THE FIVE FOOT SIDE SETBACK WOULD LOOK LIKE IN COMPARISON TO THE CONSTRUCTION OF THE CARPORT AS CURRENTLY, UM, AS CURRENTLY SHOWN. UH, AND THE DRIVEWAY CLEAR VISION AREA, AGAIN ABOUT 11 FOOT SIX INCH AREA THERE AND THE SURROUNDING AREA. STAFF RECOMMENDATION FOR THE CARPORT SETBACK VARIANCE STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THE PROPOSED SETBACK DOES NOT PROVIDE ADEQUATE SPACE TO MAINTAIN THE EASTERN ROOF LINE OF THE CARPORT WITHOUT ACCESSING ADJACENT PROPERTY. AND TWO, THE PROPOSED SETBACK DIRECTLY CONTRIBUTES TO AN INCREASED RISK OF DAMAGE TO ADJACENT PROPERTY FROM EXCESS WATER RUNOFF AND DRIVEWAY. CLEAR VISION VARIANCE. UH, STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT. ONE, THIS VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE IS SUFFICIENT SEPARATION BETWEEN THE STREET AND THIS PREDOMINANTLY OPEN FRONT FENCE, ALLOWING ONCOMING TRAFFIC TO VIEW AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY. AND TWO, GRANTING THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE, WHICH IS TO, TO ENSURE A MINIMUM LEVEL OF VISIBILITY TO SAFELY UTILIZE A DRIVEWAY. STAFF MAILED 43 NOTICES, ZERO RETURNED IN FAVOR, ZERO IN OPPOSITION. UH, WE RECEIVED NO VOICEMAILS AND THE HARVARD PLACE, EAST LAWN NEIGHBORHOOD ASSOCIATION DID NOT RESPOND. AND THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. THANK YOU. LET'S HAVE THE APPLICANT COME FORWARD. WE MEET AGAIN. AGAIN, VICKY, PLEASE STATE YOUR LEROY DAVILA. THANK YOU. SO, AND JUST SO YOU KNOW, JUST TO GET THIS OUT OF THE WAY, YOU'RE MORE THAN WELCOME TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS. YES. AND THE REASON WHY [02:40:01] I WASN'T ON THERE IS BECAUSE WE, I WENT THROUGH SEVERAL STAGES IN, IN MY LIFE. I GOT DIAGNOSED WITH CANCER, SO OUR MONEY GOT, YOU KNOW, OUR PRIORITIES SET CHANGED A LITTLE BIT. SO THAT WAS THE FULL INTENTION. AND THEN I GOT THIS NOTICE AND I WAS LIKE, I BETTER WAIT TO FIND OUT WHAT THEY SAY FIRST BEFORE I PUT GUTTERS ON IT. SO ARE YOU, ARE YOU OFFICIALLY AMENDING THE APPLICATION? I'M APPLIC TO AMEND, YES, SIR. ALRIGHT, IS THERE ANY QUESTIONS FROM THE COMMISSION? HEARING NONE. UM, ALRIGHT, WELL IS THERE ANYONE SIGNED TO SPEAK ON THIS ISSUE? NO. PUBLIC, NO PUBLIC COMMENT. ALRIGHT, WELL THANK YOU VERY MUCH. LET'S SHOOT FOR A MOTION HERE. WHO WOULD LIKE TO MAKE A MOTION ON THIS ONE? COMMISSIONER MANNA. REGARDING CASE NUMBER BO A 2 6 1 0 3 0 0 0 9 5. I MOVE TO THE BOARD OF ADJUSTMENT GRANTER REQUEST FOR ONE A FOUR SIX VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH GUTTERS TO BE SIX INCHES FROM THE EAST SIDE PROPERTY LINE. AND TWO, A THREE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY CLEAR VISION AREA TO ALLOW 11 FOOT, SIX INCH DRIVEWAY CLEAR VISION AREA SITUATED AT 1 7 3 0 NOLAN STREET. APPLICANT BEING LEROY VALLA DILLA. UM, BECAUSE THE TESTIMONY PRESENTED TO US, UM, AND THE FACTS THAT WE HAD DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LIBERAL ENFORCEMENT OF THE PROVISIONS OF UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST REGARDING CARPORT SETBACK. THE VARIANCE WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS THE PROPOSED SETBACK PROVIDES ADEQUATE SPACE TO MAINTAIN THE EASTERN ROOF LINE OF THE CARPORT WITHOUT ACCESSING ADJACENT PROPERTY. REGARDING DRIVEWAY CLEAR VISION, THE VARIANCE DOES NOT, IS NOT CONTRARY TO THE PUBLIC INTEREST AS THERE IS SUFFICIENT SEPARATION TO THE STREET. AND THIS PREDOMINANTLY OPEN FENCE ALLOWING ONCOMING TRAFFIC TO VIEW AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. UH, REGARDING CARPORT SETBACK. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THERE'S ADEQUATE SPACE TO MAINTAIN A STRUCTURE WITHOUT ACCESSING ADJACENT PROPERTY. AND TWO, WITH, UH, RE REGARDING DRIVEWAY CLEAR VISION, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE CURRENT LOCATION OF THE FENCE PROVIDES A SUFFICIENTLY CLEAR, UH, VISION AREA TO VIEW ONCOMING TRAFFIC AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. REGARDING CAREPORT CARPORT SETBACK. GRANTING THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS A PROPOSED SETBACK. PROVIDES SUFFICIENT SPACE TO MAINTAIN THE STRUCTURE AND DOES NOT INCREASE THE RISK OF DAMAGE TO ADJACENT PROPERTY FROM WATER RUNOFF. AND REGARDING DRIVEWAY CLEAR VISION, UH, GRANTING THE VARIANCE WILL, UH, WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THE EXISTING SEPARATION BETWEEN THE FENCE AND THE STREET. PROVIDES ADEQUATE SPACE TO VIEW ONCOMING TRAFFIC AND MANURE A VEHICLE INTO THE RIGHT OF WAY, ESPECIALLY CONSIDERED THE FENCE IS PREDOMINANTLY OPEN. UM, NUMBER FOUR, THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH HIS PROPERTY IS LOCATED. UM, NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED. UH, REGARDING CARPORT SETBACK, THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY AS THE PROPOSED SETBACK PROVIDES SUFFICIENT SPACE TO MAINTAIN THE CARPORT WITHOUT ACCESSING ADEQUATE PROPERTY. AND REGARDING DRIVEWAY CLEAR VISION, THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THIS DISTRICT AS AN ADEQUATE, CLEAR VISION AREA WOULD REMAIN TO SUPPORT SAFE USE OF THE DRIVEWAY. UM, SIX APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY. THEY'RE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT COACHES. PROPERTY LOCATED REGARDING CARPORT SETBACK APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, INCLUDING THE LIMITED SPACE TO PLACE A CARPORT ELSEWHERE ON THE PROPERTY. AND REGARDING DRIVEWAY CLEAR VISION APPLIED TO THE OWNER, NORTHERN PROPERTY IS DUE TO THE WIDTH OF THE RIGHT OF WAY, DEDICATION FOR PEDESTRIAN USE AND A MOTION. SECOND. SECOND BY COMMISSIONER STEVENS, COMMISSIONER MANNA. SO, UM, SO NUMBER, UH, I GUESS TWO, THE SECOND POINT WITH REGARDS TO CLEAR VISION, THE CITY'S RECOMMEND APPROVAL AND, AND I CONCUR. AND WITH REGARDS TO THE CARPORT, YOU KNOW, UM, WE JUST VOTED ON ONE, YOU KNOW, WITH APPROVAL AND, UH, DOING A GOOGLE DRIVE. UH, THERE ARE A SIGNIFICANT NUMBER OF HOMES, UH, ON THIS, ON THIS PARTICULAR BLOCK FACE AS WELL AS ON THE BLOCK THAT ALSO HAVE SIMILAR STRUCTURES. AND SO IT SEEMS CONSISTENT WITH THIS COMMUNITY AND THEREFORE I'LL BE VOTING IN FAVOR. THANK YOU COMMISSIONER STEVENS. I AGREE WITH EVERYTHING MY COLLEAGUES SAID AND I WILL BE IN SUPPORT AS WELL. ALL RIGHT, THANK YOU. IS THERE ANY OTHER COMMISSIONS LIKE TO ADD HEARING NONE, SEVERAL CALL, VOTE. I CONCUR WITH THE FINDINGS OF FACT. [02:45:04] I'LL WAIT. COMMISSIONER MANNA, I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER REED EZ. I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER OZUNA? YES, I CONCUR. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIENT AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. CONGRATULATIONS. ALL RIGHT, THANK YOU. ITEM NUMBER 10. NO, NO, WE ALREADY DID NINE. GOOD AFTERNOON. ITEM NUMBER 10 IS BO OA DASH 26 DASH 1 0 3 0 9 9 7 LOCATED AT 82 0 9 LANDING AVENUE IN DISTRICT FOUR. THE ZONING IS C TWO CONDITIONAL USE FOR LIGHT AUTOMOTIVE MAINTENANCE. AND THE REQUEST IS FOR ONE, A 20 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW 10 FOOT REAR SETBACK. TWO A NINE FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER REQUIREMENT TO ALLOW A SIX FOOT BUFFER FROM THE NORTH PROPERTY LINE. AND THREE, A THREE FOOT VARIANCE FROM THE MINIMUM 15 FOOT FOOT BUFFER REQUIREMENT TO ALLOW A 12 FOOT BUFFER FROM THE EAST PROPERTY LINE. THE SUBJECT PROPERTY IS LOCATED ON THE CORNER OF LANDING AVENUE IN LOOP FOUR 10 ACCESS ROAD SURROUNDING BAY ZONING DISTRICTS CONSIST OF CONSIST OF R SIX MF 33 C TWO CD WITH A CONDITIONAL USE FOR A FUNERAL HOME C3 AND C3 ARM SUBJECT PROPERTY IS ABUTTING R SIX ZONE LOTS WITH A MULTI-FAMILY APARTMENT USE TO THE EAST IN A VACANT LOT TO THE NORTH. THE CASE ORIGINATED FROM THE SUBMISSION OF A COMMERCIAL PROJECT PERMIT APPLICATION THAT DOES NOT MEET REQUIRED SETBACKS PER STAFF'S VISIT TO THE SITE IN MAY, 2026. CONSTRUCTION OF THE BASE FOR THE BUILDING WAS STARTED. THE APPROVAL OF THE COMMERCIAL BUILDING PERMIT IS DEPENDENT ON THE OUTCOME FROM BOARD OF ADJUSTMENT. AND THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY AND THIS IS THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL FOR THE REAR SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPERTY'S ADDRESS OFF LANDING AVENUE AND NOT THE INTERSTATE ACCESS ROAD, WHICH PROVIDES LIMITED SPACE FOR THE PROPOSED DEVELOPMENT TO MEET THE MINIMUM REAR SETBACK REQUIREMENT. THE APPLICANT WOULD STILL BE REQUIRED TO PROVIDE A LANDSCAPE BUFFER ALONG THE REAR PROPERTY LINE, WHICH WOULD CONTRIBUTE TO THE SEPARATION BETWEEN THE SUBJECT PROPERTY AND THE PROPERTY TO THE NORTH. AND THE PROPOSED SETBACK PROVIDES ADEQUATE SEPARATION FROM THE LOT TO THE NORTH, WHICH APPEARS TO BE INAPPROPRIATELY ZONED. R SIX STAFF RECOMMENDS THIS SAYS APPROVAL, BUT STAFF RECOMMENDS DENIAL FOR THE BUFFER BASED ON THE FOLLOWING FINDINGS OF FACT GRANTING A REDUCTION IN THE BUFFER REQUIREMENT WOULD NOT SERVE THE INTENT OF THE ORDINANCE, WHICH IS TO PROVIDE SEPARATION BETWEEN BAY ZONING DISTRICTS WITH DIFFERING LEVELS OF INTENSITY FOR TRAFFIC AND NOISE. THE STANDARDS IS ESPECIALLY IMPORTANT FOR RESIDENTS WHO LIVE WITHIN PROX CLOSE PROXIMITY TO COMMERCIAL PROPERTIES. THE PROPOSED DEVELOPMENT COULD STILL BE ALTERED TO ADHERE TO BUFFER REQUIREMENTS FOR COMMERCIAL PROPERTIES, ABIDING RESIDENTIAL PROPERTIES. UH, STAFF MAIL 20 NOTICES ZERO RECEIVED IN FAVOR. ONE WAS RECEIVED IN OPPOSITION TO ITEM NUMBER THREE ONLY FOR VOICEMAILS ZERO RECEIVED IN FAVORS DURING OPPOSITION. AND LACKLAND TERRACE NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE. THIS CONCLUDES STAFF'S PRESENTATION. I THINK YOU DID. I HAVEN'T SEEN THIS THAT OFTEN, BUT ON YOUR, UH, THE ONE EXIT WAS ON THERE MM-HMM . IT JUST SAID THE ITEM NUMBER THREE. YEAH. SO THE PERSON THAT SUBMITTED OPPOSITION WAS JUST FOR ITEM NUMBER THREE. THEY WERE, THEY HAD NO COMMENT FOR ITEMS NUMBER ONE OR TWO, BUT THREE'S ON THE EAST PROPERTY LINE, THAT'S NOT THE ONE THAT'S NEXT TO THEM. RIGHT. SO THEY DIDN'T, THEY DIDN'T MIND ABOUT THE BUFFER REDUCTION NEXT TO THEIR LOBBY. THE, THE RESPONSE THAT WAS RECORDED FOR THEM IS IN REGARDS TO, UM, AN EASEMENT THAT WAS ON THE SUBJECT PROPERTY. THERE WAS SOME DISCUSSION ON WHETHER THE EASEMENT WAS FOR ACCESS TO THE PROPERTY, BUT, AND LOOKING FURTHER INTO IT, THE EASEMENT IS NOT FOR INGRESS OR EGRESS, BUT THAT'S WHY THEY WERE OPPOSED TO ITEM NUMBER THREE. YOU TALKING, EVEN THOUGH IT'S, YOU'RE TALKING ABOUT THE SEVEN AND A HALF FOOT EASEMENT ON EITHER SIDE OF THAT COMMON LOT LINE THAT SHOOTS UP AND DOWN THE EASEMENT THAT THIS PERSON WAS CONCERNED ABOUT IS AN EASEMENT THAT'S RIGHT THERE. YEAH. THAT MM-HMM . I DID, I WORKED ON A PROJECT A BLOCK AWAY FROM THIS AND I KNOW THEY HAVE SEVEN AND A HALF. THEY HAVE THESE EASEMENTS THAT RUN. IT'S, IT'S AN OLD PLA SO YEAH, I THINK THERE'S JUST SOME DISCUSSION ON WHAT, WHAT KIND OF EASEMENT IT WAS. AND THEY WERE UNDER THE OPPRESSION. IT WAS AN ACCESS EASEMENT. SO ITS UTILITY EASEMENT. YEAH. [02:50:01] ONE BLOCK TO THE SOUTH. I DID ASSOCIATE COMMERCIAL. OH, Z UH, STAFF WAS, WAS I CORRECT ON, ON YOUR RECOMMENDATION? CAN YOU, UH, REPEAT THE RECOMMENDATION FOR THE, UH, STAFF'S RECOMMENDATION? DID YOU YES. I APOLOGIES. SO STAFF'S RECOMMENDATION IS APPROVAL FOR THE REAR SETBACK VARIANCE. UM, THIS WAS INCORRECTLY TYPED STAFF RECOMMENDATION. WAIT, SORRY. OH, DENIAL. FOR THE REAR SETBACK. OH MY GOSH. WE ARE RECOMMENDING DENIAL FOR THE BUFFERS AND APPROVAL FOR THE REAR SETBACK MANNA. THIS IS INCORRECTLY TYPED FOR THE BUFFERS. OKAY. COMMISSIONER, COULD YOU, SO COULD YOU BRING UP THE, UM, THE SITE PLAN PICTURE AND THEN POINT OUT WHICH YOU'RE RECOMMENDING AND WHICH YOU ARE? MM-HMM . THERE YOU GO. SO THE REAR SETBACK NUMBER ONE, WE WERE RE RECOMMENDING APPROVAL FOR, WHICH ENCOMPASSES THIS WHOLE AREA. AND THEN FOR NUMBER TWO AND THREE, WE WERE RECOMMENDING DENIAL, WHICH IS THE GREEN AND THE ORANGE. ALL RIGHT. THANK YOU VERY MUCH. MM-HMM . LET'S HAVE THE APPLICANT COME FORWARD. PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT, SIR. GOOD AFTERNOON, COMMISSIONERS CHAIR. MY NAME IS DAVID GARCIA AND I'M HERE REPRESENTING THE OWNERS, MR. JUAN, MR. JUAN AND CINDY DERO. THIS PROJECT IS TO, IF YOU WANT TO JUST SHOW THE, UH, THE, THE LAYOUT PLEASE. THIS PROJECT IS TO BUILD A, UH, METAL STYLE BUILDING FOR A, UH, SMALL PRINT SHOP, UM, MOM AND POP PRINT SHOP. IT'S, UH, AND THE REASON FOR THE LOCATION OF THE BUILDING IS SO THAT WE HAVE ENOUGH SPACE FOR PARKING FOR THE STAFF AND FOR CUSTOMERS. AND THAT IS WHY WE TRY TO PUSH IT AS CLOSE AS WE COULD TO THE REAR PROPERTY, WHICH IF YOU'RE LOOKING ON FOUR 10, IT ACTUALLY LOOKS LIKE IT'S RUNNING FOUR 10, NOT LANDING. AND SO IT'S, WE, WE TOOK THAT AS A SIDE, UH, PROPERTY, NOT THE, THE REAR PROPERTY. AGAIN, IT'S FOR A, UH, IT'S A SMALL, UH, METAL STYLE BUILDING, WAREHOUSE BUILDING WITH, UH, AND, UH, TWO OFFICES, A BREAK ROOM AND A, A BIG SPACE FOR THE PRINTING MACHINES. THIS IS FOR A SCREEN PRINTING FOR SHIRTS AND, UH, SWEATERS, WHATEVER SCREEN PRINTING THERE IS. SPUR SHIRTS. YEAH, SPUR SHIRTS. YEAH. LEGAL ONES. , . SO, AND, AND I KNOW, UH, THE BUFFER, I KNOW SHE MENTIONED APPROVAL OF THE BUILDING GOING UP TO 10 FEET. AND THE BUFFER, WE ARE OKAY WITH THE BUFFER, RIGHT, WITH THE, I KNOW IT'S 15 FEET REQUIRED, BUT IF THE BUILDING'S ALLOWED TO GO 10 FEET, YOU KNOW, THE WHOLE 10, UH, THE WHOLE 10 FEET CAN BE THE BUFFER. SO WE'RE OKAY WITH THAT. ON THE OTHER SIDE, WE DO HAVE 22 FEET FROM THE OTHER PROPERTY, SO WE DO HAVE MORE THAN THE 15 REQUIRED ON THE, THAT WOULD BE THE SIDE OF THE PROPERTY. SO ARE, ARE YOU SAYING THAT, THAT, UH, YOU'RE, YOU'RE OKAY WITH PROVIDING A 15 FOOT BUFFER ON THE EAST SIDE? SO ON THE EAST SIDE, WE HAVE 22 FEET. THE PROBLEM IS THAT THERE'S A SLAB THAT WE'RE PUTTING ON THERE, AND WE DON'T, THE SLAB IS ABOUT NINE FEET, I BELIEVE THAT'S WHAT, SO IT, IT LEAVES WHAT, UM, 13 FEET FROM THE SLAB TO THE PROPERTY, BUT THERE'S REALLY NOTHING GONNA GO ON THERE. IT'S, THE SLAB IS JUST FOR BASICALLY A TRASH CAN SO THAT THE BIG DUMP TRUCK DOESN'T, UH, MAKE A HOLE ON THE ASPHALT OR WHATEVER PUT ON THERE. OKAY. ALRIGHT. AND SO DOES, DOES, UH, ON THAT SIDE OF PROPERTY LINE, YOU ALSO HAVE THAT UTILITY EASEMENT? THAT IS CORRECT. AND IF YOU GO TO THE PICTURES THAT I PROVIDED, SO THERE'S THE, UH, THE FIRST ONE PLEASE. OKAY. THE, YEAH, THAT ONE. SO THAT'S THE SURVEY AND THAT'S THE SEVEN AND A HALF FOOT, UM, EASEMENT. THAT'S FOR SEWER LINE, THAT'S ACTUALLY SERVICING. THERE'S THE HOTEL ON THE THIRD PROPERTY THAT IT NEEDED THAT SEWER SERVICE. SO THERE IS A PUBLIC SEWER LINE RUNNING ACROSS THE PRO, THE THREE PROPERTIES. IT IS NOT AN ACCESS EASEMENT, IT IS A UTILITY EASEMENT, AND IT'S ONLY SEVEN AND A HALF. RIGHT. AND THEN YOUR NEIGHBOR ALSO HAS A SEVEN AND A HALF. THAT IS CORRECT. SO THAT, THAT SURVEY, THAT THAT LINE RUNS ALL THE WAY ACROSS THE NEIGHBORS. AND I BELIEVE HIS, HIS LETTER SAYS THAT IT'S AN ACCESS EASEMENT, AND THAT'S WHY HE DOESN'T WANT THE, IT'S NOT BUILDING, BUT IT'S NOT, IT'S JUST THE UTILITY EASEMENT. I THINK HE BASED IT OFF OF THE DRIVEWAY, BUT I WANNA SAY THE DRIVEWAY SO THAT THEY CAN MAINTAIN THE SEWER LINE. THIS, THIS WAS A REALLY OLD PLA I I REMEMBER IT IS LIKE FROM THE THIRTIES OR FORTIES OR SOMETHING. THIS, [02:55:01] THE, UH, SUBDIVISION WAS IN THE 1950S. OH, FIFTIES. OH WOW. WOW. THAT'S AWFUL. LACKLAND TERRACE, UH, SUBDIVISION. RIGHT. OKAY. UH, ANY QUESTIONS FOR THE APPLICANT? WHAT DID WE SURMISE FOR THE SETBACKS AND THE BUFFERS? WHAT WAS, UM, WELL HE WAS, UH, THE APPLICANT HAD MENTIONED THAT HE'S GONNA BE, UM, 19 MINUS, UH, 13 FEET AWAY, BUT HE'S ASKING FOR 12, UH, TO GO DOWN TO 12 FROM 15. HE WANT A THREE FOOT REDUCTION ON THE EAST SIDE, UH, WHICH SEEMS, SEEMS FINE. UH, AND THEN THE REAR, HE'S SAYING HE CAN GO TO A 10 FEET, MAKE THE WHOLE 10 FOOT SETBACK INSTEAD OF, UH, A SIX FOOT REDUCTION. ASK FOR A FIVE FOOT REDUCTION TO GET TO 10. IS THAT CORRECT? UH, IF I'M ALLOWED TO, SO IF YOU GO BACK TO THE LAYOUT PLEASE. I THINK I HAVE IT ON THE SECOND ONE. YEAH. SO IF I'M ALLOWED TO HAVE JUST THOSE TWO, FOUR BY EIGHT SLABS TO HAVE THE AC UNIT AND A COMPRESSOR BE INSTALLED THERE, I KNOW THAT THE BUFFER IS FOR NOISE, BUT I BELIEVE THE HIGHWAY FOUR 10 MAKES A LOT MORE NOISE THAN ANYTHING IN THE AREA. THE CARS GOING BY REALLY FAST. SO WE ALL KNOW HIGHWAY NOISE IS PRETTY, PRETTY LOUD. RIGHT. OKAY. I MEAN, WE, WE CAN READ THESE MOTIONS, YOU KNOW, TO INCLUDE OR EXCLUDE OR WHATEVER, BUT THE ACTUAL WALL OF YOUR BUILDING IS WELL, IS YOU'RE, YOU'RE INTENDING IT TO BE 10 FEET AWAY FROM THAT 10 FEET, 10 A COUPLE OF INCHES. 10 AND THREE INCHES. AND HOW BIG, HOW BIG ARE THOSE, THOSE OBSTRUCTIONS THAT YOU SHOWED BACK THERE? THE WHICH ONE'S? THE, THOSE AIR CONDENSERS OR YOUR I'M NOT, THEY'RE EIGHT BY FOUR. EIGHT BY FOUR, OKAY. YES, BOTH OF THEM. OKAY. ALRIGHT. UM, IS THERE ONE TIME TO SPEAK OR, I DON'T SEE ANYONE ELSE. NO PUBLIC SPEAKERS. OKAY. I, I'M SORRY. ANY OTHER QUESTIONS FOR THE APPLICANT? STEVENS COMMISSIONER STEVENS. I JUST WANNA MAKE SURE THAT, THAT YOU'RE UNDERSTANDING THAT THESE ARE, THESE ARE LANDSCAPE BUFFERS. THEY'RE NOT JUST SETBACKS. YEAH. AND THAT'S WHY, UH, YEAH, I KNOW, AND I KNOW THAT, THAT ON THAT SIDE IT'S 15 FEET REQUIRED SO WE COULD, WE CAN DO ALL GRASS. I JUST ASK THAT WE ARE ALLOWED TO DO THE EIGHT BY EIGHT BY FOUR, FOUR FEET BEING THE, THE SHORTER SIDE AND OF OF COURSE, RIGHT. AND EIGHT FEET ON THE OTHER SIDE. SO WHERE ARE WE GONNA BE? SIX FEET OF SEPARATION BETWEEN THE END OF THE, UH, SLAB TO THE PROPERTY. AND AGAIN, IT'S JUST A SMALL SLAB AND WE COULD DO ALL GRASS IN THE BACK AND SAME OVER HERE. IF WE NEED THE 15TH TO BE GRASS, WE WE'RE, WE'RE OKAY. IF WELL NEED BE PLANTING, THERE'S GONNA BE PLANTINGS, YOU KNOW, IN LANDSCAPE BUFFER, THERE HAS TO BE SOME PLANTINGS THAT CAN'T JUST BE GRASS, BUT CORRECT. I DID CONTACT MR. RICARDO ESPINOZA, AND I TRIED TO ASK HIM IF HE COULD DO SCAPE OR SOMETHING DIFFERENT AND, AND, UH, BASICALLY APPLY FOR IT AND, AND SEE WHAT WE COULD LOOK AT. I DO KNOW THAT IF I DO TREES ON THIS SIDE, THAT WOULD ACTUALLY BE, UM, IT WOULD BE IN THE WAY OF THE SEWER MAIN IF THEY EVER NEED TO GO MAINTAIN IT. AND THEY GOTTA REMOVE THE TREES AGAIN IF THEY DON'T NEED TO. BUT THEN THEY WOULD HAVE TO BE, THE TREE ROOTS WILL GO INTO THE, THE SEWER LINE. THAT COULD ALSO BE IN THE WAY. SO I KNOW THAT, THAT, UH, PLANTING TREES WOULD BE, UH, AGAIN, HOPEFULLY IT'S LOOKED AT AND, AND, UH, WE'RE NOT REQUIRED TO DO TREES IN THE BACK IF WE HAVE TO DO ANY TYPE OF TREES OR, UH, BRUSH. THE ONLY PROBLEM IS THAT THE AREA, THERE'S A COUPLE OF HOME HOMELESS PEOPLE, AND IF WE DO TREES OR BUSHES, THEY COULD HIDE IT IN THE BACK. WE HAVE HAD THAT PROBLEM IN THE PAST. UM, I DID SPEAK WITH MEL MELIDA LECHUGA, WHO'S THE LACKLAND TERRACE, UH, HOMEOWNERS ASSOCIATION, I WOULD SAY CHAIR. AND SHE DID MENTION THE, THE PROBLEM WITH THE HOMELESS PEOPLE, SHE WAS ACTUALLY IN FAVOR OF THIS BECAUSE RIGHT NOW SHE SAID THERE IS A PROBLEM ON THE PROPERTY ABOUT HOMELESS PEOPLE GETTING IN THERE, YOU KNOW, TRASH. I HAVE ANOTHER PICTURE WHERE YOU CAN SEE A MATTRESS. I DON'T KNOW IF YOU WANNA SCROLL THROUGH IT. YEAH. YOU CAN SEE THE MATTRESS THERE. SO PEOPLE DUMPING THINGS THERE TOO. YEAH. THE, THE THING, THE PROBLEM WITH THIS, NOT A PROBLEM, BUT THE ISSUE WITH THIS AREA WAS IT WAS INTENDED TO BE A RESIDENTIAL AREA. CORRECT. AND SCOTT CAME IN AND SWABBED OUT FOUR 10 IN THE INTERCHANGE AS YOU GO FURTHER SOUTH, IT FORCED COMMERCIAL DEVELOPMENT ON ALL THOSE FRONTAGE HOMES, AND THEY WEREN'T THAT BIG. AND THEN THEY WERE INUNDATED WITH THESE SEVEN AND A HALF FOOTS. I, I REMEMBER GOING THROUGH THAT COUPLE BLOCKS OF THE SOUTH AND, AND REMEMBERING, YOU KNOW, NOTICING THOSE, THOSE HARDSHIPS. SO I MEAN, I, I UNDERSTAND WHY YOU'RE HERE. MM-HMM . I'M JUST TRYING TO, YOU KNOW, WE ALWAYS WANT TO SEE WHAT THE MOST YOU CAN DO. CORRECT. SO THAT, THAT WE'RE, WE'RE, WE'RE VOTING ON AND, AND TALKING ABOUT, YOU KNOW, LIKE TRYING TO GET SOMETHING CORRECT. YOU KNOW, AND, AND, AND, AND THAT'S WHY WE'RE HERE. YOU KNOW, WE DON'T, WE'RE NOT HERE TO TAKE IT ALL RIGHT. WE'RE HERE TO WORK TOGETHER AND [03:00:01] THAT'S WHY WE'RE WILLING TO WORK IN THE BACK WHERE, YOU KNOW, IF WE'RE REQUIRED TO PUT BRUSH OR BUSHES OR SOMETHING, WE YEAH. YOU HAVE TO, WE COULD DO THAT, THAT OUT WITH, WITH, UH, LANDSCAPING AND WITH MR. SPINOSA. YES, SIR. OKAY. IS THERE ANY QUESTIONS? I MEAN, ANYBODY? NO. ALRIGHT. LOOK, AND, AND JUST SO MY UNDERSTANDING IS EVEN IF WE REDUCE THE BUFFER, THE, THE SAME REQUIREMENT FOR WHATEVER'S SUPPOSED TO HAVE BEEN IN THE BUFFER NEEDS TO STILL BE IN THE BUFFER. YES. AND SO, SO NUMBER OF TREES, NUMBER OF BUSHES. AND SO IT, SO EVEN IF THEY SHRINK IT BASICALLY YOU'RE JUST, UM, UM, MASSING THAT BUFFER IN THAT SPACE. AND SO, SO STILL THE REQUIREMENTS STILL EXIST AND SO THAT'S MY UNDERSTANDING AT LEAST. YEAH. HE'LL HAVE TO DO SOMETHING. YES. SO AS, AS LONG AS I'M ALLOWED TO PUT THE BUILDING WITHIN 10 FEET, YOU KNOW, THAT'S, WE ALL COMPLY WITH WHATEVER'S REQUIRED. OKAY. ALWAYS GOOD TO HEAR. SO IF THERE'S NOTHING ELSE, ANY QUESTIONS? I I'M LOOKING FOR A MOTION COMMISSIONER. YEAH. UM, I'M READING IT AS AS STATED, RIGHT. DON'T CHANGE. OKAY. REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 0 0 9 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT TO REQUEST FOR ONE A 20 FOOT VARIANCE FROM THE MINIMUM 30 FOOT REAR SETBACK TO ALLOW A 10 FOOT REAR SETBACK. TWO A NINE FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER REQUIREMENT TO ALLOW A SIX FOOT BUFFER FROM THE NORTH PROPERTY LINE. AND THREE, A THREE FOOT VARIANCE FROM THE MINIMUM 15 FOOT BUFFER REQUIREMENT TO ALLOW A 12 FOOT BUFFER FROM THE EAST PROPERTY LINE SITUATED AT 8 2 0 9 LANDING AVENUE, A APPLICANT BEING DAVID GARCIA. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WOULD DETERMINED SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SITES AT A LITERAL, LITERAL ENFORCEMENT OF PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE LOT OF BUDDING TO THE NORTH IS A VACANT LOT AND WOULD NOT BE IMPACTED BY THE PROPOSED DEVELOPMENT. FURTHERMORE, THE APPLICANT WOULD STILL BE REQUIRED TO PROVIDE A LANDSCAPE BUFFER ALONG THE REAR AND SIDE PROPERTY LINES, WHICH WOULD CONTRIBUTE TO THE SEPARATION BETWEEN THE SUBJECT PROPERTY AND THE ABUTTING. LOTS TO DUE TO SPECIAL CONDITIONS. THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD NECESSITATE THE ALTERATION OF THE PROPOSED DEVELOPMENT AS THE PROPERTY IS ADDRESSED OFF LANDING AVENUE AND NOT THE INTERSTATE ACCESS ROAD, WHICH PROVIDES LIMITED SPACE FOR THE PROPOSED DEVELOPMENT TO MEET THE MINIMUM REAR SETBACK AND BUFFER YARD REQUIREMENTS. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING A REAR SETBACK AND BUFFER REDUCTION TO THE ASSISTANCE WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE. AND THERE WOULD STILL BE DISTANCE BETWEEN THE PROPOSED STRUCTURE AND THE ABUTTING PROPERTY LINES, WHICH IS THE INTENT OF MINIMUM SETBACK AND BUFFER REQUIREMENTS FOR THE VARIANCE, NOT THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO OTHER USES WOULD, UH, NO OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. UH, FIVE SUCH VARIANCES WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. GRANTING THE VARIANCES WOULD NOT INJURE THE ADJACENT CONFORMING LOTS AS THE ABUTTING PROPERTY TO THE NORTH IS VACANT AND LOCATE AND LOCATED BETWEEN EXISTING COMMERCIAL ZONE PROPERTIES AND THERE WOULD STILL BE REQUIREMENT TO IMPLEMENT BUFFER IN THE REAR AND SIDE YARDS, EVEN IF REDUCED SIXTH APPLY TO THE OWNER OF THE PROPERTY FOR WHICH VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT DUE TO THE RESULT OF GENERAL CONDITIONS. THE DISTRICT, WHICH OF THE PROPERTY IS LOCATED, UH, THE PLIGHT, THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS, UH, COULD BE ATTRIBUTED TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY DUE TO THE REAR AND INSIDE SETBACKS DETERMINED BY ADDRESSING, ADDRESSING OFF LANDING AVENUE. THE CONVI, THE CONFIGURATION OF THE PROPOSED DEVELOPMENT IS LIMITED AND OF MOTION. SECOND. SECOND. BY COMMISSIONER MANNA. COMMISSIONER EXUDED? YES. SO I'LL BE SUPPORTING THE VARIANCES AS READ. AND WE HAVE CITY APPROVAL FOR THE SETBACK REQUIREMENTS. UH, THE BUFFERS THE APPLICANT IS, IS MEETING THE SPIRIT OF THE BUFFER SETBACKS WITH THE, UH, GRASS AND OTHER PLANTINGS THAT WILL BE REQUIRED IN THIS HARDSHIP, UM, VARIANT. THE VARIANCE FOR THIS HARDSHIP, UH, IF, IF APPROVED, ALLOWS THE, UH, ECONOMIC USE OF THE PROPERTY FOR THE PRINTING PRESS. AND I THINK THAT THAT'S A VALUABLE USE OF THE PROPERTY. THANK YOU. AND COMMISSIONER MANNA. SO, SO POTENTIALLY A FRIENDLY AMENDMENT, BUT, AND MAYBE IF I MISUNDERSTOOD IT FOR NUMBER THREE, COULD IT JUST BE FOR THAT, UH, FOR THAT CONCRETE PIECE THAT HAS BEEN DEFINED PER MAP, UM, SO THEREFORE THE REST OF IT ISN'T IMPACTED, SO THAT WAY THEY CAN'T DO THAT ALL THE WAY DOWN THE, YEAH, LET'S SEE, LET ME PULL UP THAT SIDELINE. IT LOOKS LIKE THAT'S AT LEAST A FOUR FOOT AND MAYBE IT'S PROBABLY A SIX BY 20 FOOT PAD OR SOMETHING. DOES THAT MAKE SENSE? YEAH, I SEE WHAT YOU'RE, I SEE WHAT YOU'RE SAYING IS, IS UH, UM, BECAUSE THEY'RE ONLY ASKING FOR THREE FOOT AND IT'S CERTAINLY BIGGER THAN THREE OR WIDER THAN THREE FOOT. SO IF IT'S JUST THAT SIDE SECTION, THEN WE'RE LIMITED IT TO THAT, TO JUST, TO THAT PIECE THAT'S, THAT'S TRULY, UH, IMPACTED BY THE BUFFER. I'M GONNA ASK APPLICANT ONE QUICK QUESTION. SURE. IS THAT A LOADING DOCK? NO, THAT WOULD BE FOR THE TRASH PICKUP. WE WANTED [03:05:01] TO KEEP THE, THE DUMPSTER INSIDE THE PROPERTY. 'CAUSE RIGHT NOW AT THE PROPERTIES IN THE AREA UP IN VEHICULAR TRAFFIC, GO BETWEEN THE, YOUR MAIN BUILDING IN THE YELLOW GOING IN BETWEEN THERE. THAT, THAT WAS, THAT WAS THE INTENT. YEAH, BUT BECAUSE, OKAY, NOW IF WE'RE HAVING TO DO THE BUFFER. YEAH, THAT'S CORRECT. OKAY. AND SO THEN THE WHOLE, THAT WHOLE BACK PIECE IS GONNA BE CONCRETE THEN. SO TO GET BACK TO IT THEN IT, IT WOULD'VE BEEN, UH, MOSTLY ASPHALT AND CONCRETE. THAT IS CORRECT. YEP. OKAY. OKAY, THEN, UM, THEN I GUESS I WITHDRAW THAT. ALRIGHT, THANK YOU. SO IS THAT GOOD OR BAD? WE'RE OKAY? WE'RE GOOD. . IS THERE A COMMISSIONER? SECOND? I'M LOOKING FOR A SECOND. THAT WAS A SECOND OF MINE. YEAH, SECOND. SO, SO COMMISSIONER ZUNA. ALRIGHT, I GAVE MY COMMENT ALREADY. ANY COMMISSIONER MANNA? ANY COMMENT? ADDITIONAL COMMENTARY? UH, N NO. ANYONE ELSE LIKE TO ADD? NO. ALL RIGHT. LET'S HAVE A ROLL CALL. VOTE PLEASE. COMMISSIONER OZUNA? YES, I CONCUR. I CONCUR THE FINDINGS OF FACT. COMMISSIONER REED? YES, I CAN CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER BONNI? YES. COMMISSIONER VASQUEZ. I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. THANK YOU. YOU HAVE ANY QUESTIONS TO GET WITH STAFF? THANK YOU. LAST CASE, ITEM NUMBER 11. GOOD AFTERNOON. JOEL VELA, SENIOR PLANNER WITH THE BOARD OF ADJUSTMENT. ITEM 11 IS BO OA DASH 26 DASH 1 0 3 0 9 8. THE APPLICANT BEING LIN GRIFFIN AND FAIRMONT PLLC IN DISTRICT ONE. THE ADDRESS IS 80 42 PINE BROOK DRIVE. AND THIS IS A REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT WIDE TYPE C LANDSCAPE BUFFER YARD TO ALLOW A 10 FOOT LANDSCAPE BUFFER YARD ALONG THE REAR AND EAST SIDE PROPERTY LINES. THE SUBJECT PROPERTY IS LOCATED NORTHEAST OF THE INTERSECTION OF HIGHWAY 10 AND CALLAHAN ROAD ALONG PINE BROOK DRIVE AND IS SURROUNDED BY PROPERTIES ON C3 C TWO, UH, C3 AND C TWO TO THE WEST AND A MULTI-FAMILY DEVELOPMENT ZONE MF 33 TO THE EAST. THE APPLICANT PROPOSES THE CONSTRUCTION OF A NEW AUTOMATIC CAR WASH ON THE SUBJECT PROPERTY. THE UDC REQUIRES A 15 FOOT WIDE TYPE C BUFFER BETWEEN NEW DEVELOPMENT ON PARCEL ZONE C3 AND PARCEL ZONE MF 33. THE APPLICANT PROPOSES A REDUCTION OF THIS REQUIREMENT TO ALLOW A 10 FOOT LANDSCAPE BUFFER YARD ALONG THE EAST SIDE AND REAR PROPERTY LINES. UH, SHOWN HERE IS A SITE PLAN, JUST, UH, DEPICTING THAT AGAIN, UH, JUST THE REDUCTION OF THE LANDSCAPE BUFFER YARD ALONG THE MULTIFAMILY DEVELOPMENT. UH, THIS IS THE SUBJECT PROPERTY CURRENT CONDITIONS. AND THIS IS ALSO ON THE SUBJECT PROPERTY. THIS IS STANDING IN THE REAR YARD LOOKING OVER THAT, UH, BACK PROPERTY LINE INTO THE MULTIFAMILY DEVELOPMENT. UH, THAT'S BEHIND THERE JUST IS JUST TO KIND OF ILLUSTRATE THE ELEVATION CHANGE THAT'S PRESENT ON THE PROPERTY. AND LOOKING TO THE EAST, THAT SAME MULTIFAMILY DEVELOPMENT, UH, ANOTHER ELEVATION CHANGE PRESENT THERE TO A LESSER DEGREE. AND THIS IS THE SURROUNDING AREA FOR THE LANDSCAPE. BUFFER VARIANCE STAFF RECOMMENDS DENIAL. UH, THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AS THE REQUEST WOULD EFFECTIVELY ELIMINATE ROUGHLY 33 PER PERCENT OF THE MINIMUM REQUIRED LANDSCAPE BUFFERS, WHICH WOULD NOT ADEQUATELY ADEQUATELY SCREEN THE PROPOSED USE FROM ADJACENT PROPERTY. AND TWO, THE SUCH VARIANCE WOULD SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS TENANTS OF THE ABUTTING MULTIFAMILY USE WOULD BE SUBJECT TO EXCESSIVE NOISE IN THE LOSS OF PRIVACY CREATED BY THE PROPOSED FACILITY WITHOUT APPROPRIATE LANDSCAPE BUFFER YARDS. STAFF MAILED 10 NOTICES WE RECEIVED. NONE IN FAVOR OR OPPOSITION, NO VOICEMAILS. AND THE SAN ANTONIO TEXAS DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND. THIS CONCLUDES STAFF'S PRESENTATION. THE APPLICANT IS PRESENT. UH, JUST A QUICK QUESTION. I'M SURE I'LL ASK THE APPLICANT TOO, BUT DOES THIS, THIS CAR WASH LOOK LIKE IT WAS WALL TO WALL CONCRETE? CORRECT. THAT'S CURRENT CONDITIONS ON SITE EXCEPT FOR, UH, BACK HERE. UH, I MEAN, DIFFICULT TO SAY WHERE THAT REAR PROPERTY LINE EXACTLY LIE LIES, UM, IN THIS PHOTO. BUT THIS WOULD BE KIND OF THE ONLY KIND OF GREEN SPACE CURRENTLY PRESENT ON THE PROPERTY AND ALSO ON THE SITE PLAN THAT SHOWS THE, UH, YEAH, THIS ONE RIGHT HERE. WHAT ARE THOSE CURVED, UH, AND DASH LINES THAT ARE DENOTED BY, UH, LETTER C? ARE THOSE JUST, UH, YOU KNOW, WHAT KIND OF EASEMENTS THOSE ARE OR? 'CAUSE ONE OF THEM KIND OF LOOKS LIKE IT CROSSES THROUGH THE PROPERTY LINE AS IT GETS TOWARDS THE FRONT. OH, OVER THERE PINE, GOTCHA. NO, I CAN LOOK INTO THAT FOR YOU THOUGH. YEAH, I CAN FIND THAT OUT. YEAH, I'M JUST CURIOUS. MAYBE THE APPLICANT. I'M SORRY. SURE THING. YEAH. OH, OKAY. THANK YOU. DRAINAGE. SURE. GOTCHA. ALL RIGHT. THANK YOU. THANK YOU. HAVE THE APPLICANT COME FORWARD. STATE YOUR NAME, TELL US ABOUT THE CAR WASH. GOOD AFTERNOON COMMISSIONERS. EMILY WEISLER WITH KILLING GRIFFIN AND FAIRMAN 1 0 1 1 REUNION PLACE, SUITE TWO 50, UM, HERE ON BEHALF OF THE PROPERTY OWNER AT 80 42 PINE BROOK. UM, AS [03:10:01] STAFF MENTIONED, THIS IS A FIVE FOOT VARIANCE REQUEST TO THE 15 FOOT TYPE SEAT BUFFER YARD REQUIREMENT ON THE REAR AND EAST PROPERTY LINES. UM, FOR THIS, UH, TWO COMMISSIONER MAN'S EARLIER POINT, UM, WE ARE NOT ASKING FOR ANY CHANGES TO THE TYPE C REQUIREMENTS, JUST THE WIDTH OF THAT BUFFER YARD. UM, THIS PROPERTY'S AT JUST INSIDE I 10 AND CALLAHAN, UM, YOU KIND OF SEE, I DON'T KNOW WHERE THE POINTER WENT. THANK YOU. UM, THE COMMERCIAL DEVELOPMENT RIGHT HERE, THIS IS THE LAS POS IF YOU'RE FAMILIAR WITH IT. UM, WE ARE RIGHT HERE ON PINE BROOK IN CALLAHAN. UM, THIS IS AN EXISTING SELF-SERVICE CAR WASH, UH, THAT WAS BUILT 40 YEARS AGO. UM, IT IS NOT IN SERVICE ANYMORE. UM, IT IS A BUDDING THE VALERO. THERE IS AN ACCESS EASEMENT HERE. SO WE HAVE ACCESS FROM CALLAHAN, UM, AS WELL AS PINE BROOK. ACROSS THE STREET IS THE UNIVERSITY HEALTH CENTER, UH, TECHNOLOGY SERVICES AND THEN THE WOODWAY APARTMENTS SURROUNDING IT. PROPERTY IS C3 THAT ALLOWS THE CAR WASH BY RIGHT. THE EXISTING SELF-SERVICE CAR WASH IS 1,680 SQUARE FEET. THERE'S ALSO A ADDITIONAL 1300 SQUARE FOOT SECONDARY SEC BATH VACUUM BAYS RIGHT BEHIND THE CAR WASH. SO THAT CAR WASH, UM, AS IT'S ORIENTED NOW IS PROPERTY LINE TO PROPERTY LINE. UM, AND THEN WHAT WE ARE PROPOSING WITH ZERO LANDSCAPE BUFFERING. NOW WHAT WE ARE PROPOSING IS A 1,681 SQUARE FOOT, UM, EXPRESS TUNNEL CAR WASH. IT'LL BE REORIENTED FROM HORIZONTALLY TO VERTICALLY ACROSS THE PROPERTY. UM, THERE WILL NOT BE THAT SEPARATE VACUUM BASE STALL. UM, WITH THE 10 FOOT LANDSCAPING, THE 15 FOOT BUFFER IS TRIGGERED BY THE MF 33. UM, AND WITH, I'M GONNA SKIP FOR, UH, I'LL COME BACK, BUT WITH ALL DUE RESPECT TO STAFF, UM, WHAT WE ARE ACTUALLY ABUTTING IS DILAPIDATED FENCING, SHIPPING CONTAINERS, UM, THIS IS A BETTER VIEW HERE. UM, AND UNCOVERED PARKING. UM, THIS HAS BEEN IN EXISTENCE FOR 40 YEARS. THE APARTMENTS PREDATED THAT BY LESS THAN A HANDFUL OF YEARS. UM, SO THE EXISTING, UH, ALIGNMENT OF THOSE TWO USES, THE CAR WASH NEXT TO THE APARTMENTS HAS BEEN IN EXISTENCE FOR DECADES. UM, THE, THE PROPOSED NEW CAR WASH IS, UH, QUIETER, MORE EFFICIENT, A BETTER USE OF WATER RESOURCES, ONE OF OUR MOST PRECIOUS RESOURCES, UM, AND IS GOING TO PROVIDE THE LANDSCAPE BUFFERING THAT DOES NOT EXIST PRESENTLY. UM, AS STAFF MENTIONED, THERE IS SOME ELEVATION CHANGES. IT'S ABOUT 14 FEET IN THE REAR, UM, FIVE TO SEVEN AS YOU COME AROUND TOWARDS PINE BROOK. AND THEN ABOUT TWO. SO THERE WILL BE SOME BUILDUP AND RETAINING WALL, UM, ALONG WITH THAT LANDSCAPE BUFFER. THIS IS A BETTER IMAGE OF, YOU CAN SEE THAT REAR DROP OFF, WHICH IS A VERY UNIQUE CIRCUMSTANCE ON THE BACK REAR OF THE PROPERTY. AND AGAIN, IT, IT DECREASES IN ELEVATION AS YOU GET CLOSER TO PINE BROOK. THAT'S THE SECONDARY STRUCTURE FOR THE VACUUMS. UM, AS I MENTIONED, WE DO NOT ACTUALLY ABUT THOSE RESIDENTS, BUT ALL OF THE ACCESSORY USES OF THOSE, UM, APARTMENTS. UM, BUT THIS IS A PRE-EXISTING CONDITION. UM, STAFF DOES NOTE THAT C3 PERMITS THE CAR WASH BY RIGHT. UM, WE DO FEEL THAT THE PROPOSED VARIANCE, JUST A SMALL FIVE FOOT REDUCTION WITH THE TYPE C REQUIREMENTS IS MORE THAN REASONABLE AND A SIGNIFICANT SITE IMPROVEMENT AS WELL AS IMPROVEMENT FOR, UM, THAT EXISTING MULTIFAMILY. UM, AGAIN, MUCH MORE EFFICIENT, ENVIRONMENTALLY SENSITIVE OPERATION. THIS SELF-SERVICE CAR WASH IS NOT AN OPERATION, IT IS NOT SERVING THE COMMUNITY IN ANY WAY, SHAPE OR FORM. UM, IT COLLECTS TRASH, UM, ALL SORTS OF ACTIVITY ON THERE. UM, AND WE'D LIKE TO GET A NEW AND IMPROVED, UM, USE OUTTA THAT PROPERTY. SOMETHING THAT IS ACTUALLY SERVING THE COMMUNITY. AGAIN, THERE IS NO LANDSCAPE BUFFER YARD PRESENT ON THE SITE. UM, SO IN ADDITION TO THE 10 FOOT PROPOSED REAR AND EASTERN PROPERTY LINES, THERE ARE TWO LANDSCAPE AREAS AS WELL. AND I'LL CIRCLE BACK REALLY QUICK AND JUST LEAVE IT ON THIS SITE PLAN. YOU CAN SEE, UM, THOSE TWO ADDITIONAL LANDSCAPE AREAS ALONG THE FRONTAGE OF PINE PINEBROOK, UM, WHICH CURRENTLY LEAVES A LOT TO BE DESIRED. UM, AND THEN AGAIN, AN ADDITIONAL LANDSCAPE PAD IN THE, IN THE REAR. UM, THIS CAR WASH SITE PLAN HAS BEEN REWORKED SEVERAL TIMES. UM, AND IT WAS OUR INTENT TO GET THIS IN THE BEST PLACE POSSIBLE. UM, THE CAR WASH AT ONE POINT WAS, UH, ABUTTING THE RESIDENTIAL, SO WE MOVED IT TO THE OPPOSITE SIDE OF THE PROPERTY. UM, CREATED AS MUCH SEPARATION OF THOSE USES AS POSSIBLE. UM, RIGHT NOW THERE IS QUITE LITERALLY ZERO SEPARATION OF THOSE USES. UM, AND SO, UH, THAT IS PUT THE PARKING THERE, THE LANDSCAPING, THE PARKING, AND PUSHED THAT CAR WASH CLOSEST [03:15:01] TO THE BACKSIDE OF THAT VALERO CONVENIENCE STORE FRONTAGE. SO, UM, RESPECTFULLY REQUEST YOUR SUPPORT, UM, FOR THE REQUEST AS IS. HAPPY TO ANSWER ANY QUESTIONS. THANK YOU SO MUCH, BRAGMAN. THANK YOU. COMMISSIONER BRAGMAN, UH, AND THIS COULD BE FOR STAFF OR FOR THE APPLICANT. WHAT, UH, EXACTLY IS INCLUDED IN A TYPE C LANDSCAPE BUFFER? I CAN TELL YOU, UM, IT IS FOUR AND STAFF CAN CORRECT ME IF I AM WRONG, BUT I BELIEVE IT'S FOUR CANOPY TREES, EIGHT UNDERSTORY, 18 LARGE SHRUBS AND 16 MEDIUM SHRUBS. IS THAT PER A HUNDRED FEET PER PER A HUNDRED FEET? YES. AND, AND HOW, WHAT IS THE, WHAT, HOW, HOW BIG IS THE THAT GONNA BE? I MEAN, HOW MANY HUNDRED FEET ARE WE TALKING ABOUT HERE ON THE, ON THESE, WHAT'S THE SIZE OF THE SQUARE? UM, I BELIEVE THE, THE LENGTH, UM, THE PROPERTY IS LESS THAN 90 FEET WIDE AND ABOUT JUST A LITTLE OVER 200 FEET DEEP. YEAH. OKAY. 87 BY 2 87 BYTE. SO REAL NARROW, CONSIDERABLE AMOUNT OF, OF LANDSCAPING WOULD BE REQUIRED? CORRECT. AND, AND SOME OF THOSE, THERE ARE A FEW TREES CURRENTLY ON THERE, UM, HACKBERRIES, UM, AND THEN JUST A LOT OF OVERGROWN RUSSIAN SHRUBBERY THERE. SO IT WOULD BE ALL REPLACED AND, AND BEAUTIFIED THERE. AND FOR THE ADDITIONAL, UM, AREAS THAT YOU HIGHLIGHTED ON YOUR, WHAT IS THAT JUST GONNA BE GRASS OR SHRUBBERY OR WHAT, WHAT ON PINE BROOK AND ALSO THAT CENTER ISLAND? YEAH. THREE TREES ON PINE BROOK AND THEN A VARIETY. THE ONE TOWARDS THE NORTH BE WELL LANDSCAPE PIECE, WELL LANDSCAPE, NO TREES FOR THE MICROPHONE. , DEAN, COMMISSIONER, DEAN, DO Y'ALL HAVE, UH, VACUUMS OR, UH, OKAY, LIKE, UH, SELF-SERVE VACUUM OR, UH, PARKING SPOTS WRECKED? YEAH. AT, AT EACH OF THOSE PARKING SPACES? YES. SO YOU WOULD ENTER IN THROUGH COME TURN OUR WAS TURN AROUND AND PULL IN. THOSE WOULD HAVE VACUUMS THERE. OKAY. THANK YOU. AWESOME. MANNA COMMISSIONER MANNA. SO THE NORTH SIDE OF THAT BOUNDARIES. SO, SO ARE YOU CHANGING THE, ARE YOU REDUCING THE AMOUNT OF LANDSCAPING THAT THE LANDSCAPE BUFFER THAT'S CURRENTLY THERE OR ARE YOU KEEPING THE SAME AMOUNT ON THE, ON THE NORTH SIDE OR WHATEVER THAT TOP PART? YES. SO, SO THE GREEN ALONG THE TOP ROW, IS THAT BEING REDUCED AT ALL FROM WHAT'S CURRENTLY THERE OR IS IT THE SAME? THERE'S NOTHING NO, THERE'S NOTHING THERE. THERE'S NOTHING THERE. SO YOU ACTUALLY ARE ADDING IT ON BOTH SIDES, OKAY. CORRECT. OKAY. YEAH, I CAN, THAT'S WHAT IT LOOKS LIKE IN THE REAR. PERFECT. OKAY. YES. ALRIGHT. UM, I ASSUME THERE'S NO ONE HERE JUST SPEAK ON THIS, BUT, UH, ANY NO PUBLIC COMMENT? . OKAY. ANYONE LIKE TO MAKE A MOTION? BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 26 DASH 0 3 0 9 8, I MOVE THE BOARD OF ADJUSTMENT GRANTOR REQUEST FOR A FIVE FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT TYPE C LANDSCAPE BUFFER YARD TO ALLOW A 10 FOOT LANDSCAPE BUFFER YARD ALONG THE REAR AND EAST SIDE PROPERTY LINES SITUATED AT 8 0 4 2 PINEBROOK DRIVE, APPLICANT BEING KI GRIFFIN AND FAIRMAN PLLC. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS 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 VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE REQUEST WOULD REDUCE THE MINIMUM REQUIRED LANDSCAPE BUFFERS BY, UH, ROUGHLY 33%, WHICH WOULD ADEQUATELY ADEQUATELY SCREEN THE PROPOSED USE FROM ADJACENT PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS THE PROPOSED REDUCTION WOULD STILL PROVIDE AN ADEQUATE TRANSITION SPACE AND SCREENING BETWEEN USES THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THIS VARIANCE WILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE PROPOSED BUFFER WOULD PROVIDE APPROPRIATE SCREENING AND CREATE A TRANSITION SPACE BETWEEN THIS HIGH INTENSITY USE FROM ADJACENT LOW INTENSITY RESIDENTIAL USES FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE [03:20:01] THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY AS THE PROPOSED BUFFER WOULD IMPROVE EXISTING CONDITIONS AS NO BUFFER CURRENTLY EXISTS ON THIS PROPERTY TO CREATE ANY SCREENING OR TRANSITION SPACE. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS, IS SOUGHT, IT'S DUE TO EXISTING CONDITIONS ON THE PROPERTY, INCLUDING LIMITED DEVELOPABLE SPACE AND THE EXISTING LACK OF A LANDSCAPE BUFFER YARD. ALTHOUGH THE VARIANCE WILL NOT ALLOW FOR A REDUCED, ALTHOUGH THE VARIANCE WOULD ALLOW FOR A REDUCED BUFFER YARD, THE PROPOSED 10 FOOT YARD WOULD BE AN IMPROVEMENT WHERE NO BUFFER YARD EXISTS CURRENTLY. END OF MOTION. SECOND. ALL RIGHT. UH, WE HAVE A MOTION, A SECOND. COMMISSIONER BRACKMAN? UH, YEAH, I'LL BE IN SUPPORT OF THIS MOTION. UM, OBVIOUSLY IF THIS PROPERTY HAS SAT FALLOW FOR A NUMBER OF YEARS, UH, IT'LL BE PUT REVENUE BACK INTO, UH, YOU KNOW, PROPERTY TAXES, BUSINESS TAXES, BUT ALSO THE FACT THAT THERE'S NO EXISTING BUFFER YARD WILL ADD ADDITIONAL, UM, DISTANCE BETWEEN THE, THE PROPERTIES AND THE ADJACENT MULTIFAMILY, AS THE APPLICANT POINTED OUT, IS, UM, PARKING STRUCTURE. UM, AND SO IT'S NOT ADJACENT TO THE ACTUAL LIVING STRUCTURE. UM, AND, UH, THEY ALSO ARE ADDING SOME ADDITIONAL, UH, LANDSCAPE BUFFER ALONG PINE BROOK AND WITHIN THE, THE, UH, CENTER OF THE PROPERTY. SO I'LL BE IN SUPPORT OF THE MOTION. THANK YOU. COMMISSIONER ZUNA? YEAH, I CONCUR WITH MY COLLEAGUE. UH, JUST ADD THAT THE, WHAT THEY'RE PROPOSING IS A DEFINITE IMPROVEMENT TO, UH, WHAT THE CURRENT CONDITION IS. SOMEBODY COULD JUST PICK UP THIS CAR WASH AND OPERATE IT, IT WOULD BE IN VIOLATION OF ALL THE SETBACKS. AND I THINK THE CURE HERE IS MUCH BETTER THAN WHAT THE EXISTING IS. IN ADDITION, THEY'RE PROVIDING A TAXABLE VALUE ON THE PROPERTY THAT ADDS TO OUR TAX ROLL AND PROVIDES, LIKE MY COLLEAGUE SAID, THE PUTS THE PROPERTY BACK INTO GOOD USE WITH NO IMPACT TO THE SURROUNDING NEIGHBORHOODS. THERE'S NO OPPOSITION FROM ANY OF THE NEIGHBOR NEIGHBORING PROPERTIES OR NEIGHBORHOOD ASSOCIATION. SO IT'S A GOOD USE OF THE PROPERTY ON SUPPORTING IT. THANK YOU. ANYONE LIKE TO ADD HEARING NONE IS A ROLL CALL VOTE. COMMISSIONER BRAGMAN. I CONCUR WITH THE FINDINGS OF FACTS. COMMISSIONER ? YES, I CONCUR. COMMISSIONER REED? YES, I CONCUR. COMMISSIONER STEVENS? YES, I CONCUR. COMMISSIONER IBANEZ? I CONCUR. COMMISSIONER DEAN? YES, I CONCUR. COMMISSIONER ARMENA. I CONCUR WITH THE FINDINGS OF FACT. COMMISSIONER EZ? YES, I CONCUR. COMMISSIONER VASQUEZ, I CONCUR. CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 10 TO ZERO. CONGRATULATIONS. ALRIGHT, WE'VE ALREADY DONE THE MINUTES. IS THERE A DIRECTOR'S REPORT? NO. DIRECTOR'S REPORT. OKAY. I WOULD LIKE TO JUST POINT OUT A LETTER THAT WAS PROVIDED, UH, FROM PUBLIC COMMENTARY FROM THE SHORT-TERM RENTAL ASSOCIATION OF SAN ANTONIO. IF, I DUNNO IF EVERYONE GOT A COPY OF THAT. PARDON ME. UH, SO THEY JUST WANTED TO GIVE SOME REMARKS ABOUT, UM, HOW WE LOOK AT SHORT-TERM RENTALS. SO, SO, SO MANNA YES. COMMISSIONER MANNA. SO DOES THE CITY, YOU KNOW, DOES THE CITY HAVE A POSITION OF WHAT, WHAT IT IS THAT, UH, I GUESS THE SHORT TERM RENTAL ASSOCIATION WAS, WAS STATING OR ASKING HERE, YOU KNOW, DID YOU HAVE ANY ADDITIONAL DIALOGUE WITH THEM WITH REGARDS TO THE LETTER? I BELIEVE THE, UH, THE PRINCIPAL PLANNER, UH, FOR SHORTTERM RENTALS IS REVIEWING IT. I THINK HE'LL PROBABLY HAVE A STATEMENT NEXT MEETING WHEN THEY HAVE CASES ON. UM, THEY DIDN'T GIVE US AN ADDITIONAL STATEMENT THOUGH. YEAH, IT, IT JUST KINDA SEEMS LIKE THEY, THEY WANT US TO BE A LITTLE MORE STRINGENT. THAT'S WHAT I, AND THAT'S WHAT YEAH, THAT WAS MY TAKE AS WELL. SO THAT, YOU KNOW, UM, THAT THE GROUP HAS WEIGHED IN AND, AND LOOKS LIKE THEY WANT US TO RIDE THE, THE, THE GUIDELINES A LITTLE BIT CLOSER AND NOT BE AS LOOSE. SO THAT'S, THAT'S MY, THAT WAS MY TAKE ON IT. RIGHT. AND AND I, I JUST, I HAVE TO SAY, I MEAN I, I'M GLAD THAT THEY, WE HAVE THESE RULES AND I'M GLAD THAT WE, YOU KNOW, WE LOOK AT THIS STUFF, BUT, YOU KNOW, PART OF THIS HAS TO DO, I I PERSONALLY THINK HALF THE STUFF WE HEAR WOULD JUST GO AWAY IF PEOPLE WOULD DO STUFF IN A TIMELY MANNER. AND I REALLY HOPE THAT, UM, YOU KNOW, THIS ORGANIZATION CAN PARTNER WITH THE CITY TO HELP GET THE WORD OUT MAYBE EVEN BETTER. THAT'D BE NICE. AND, AND I THINK, YOU KNOW, PART OF THE DIALOGUE, YOU KNOW, WHICH WE'VE TALKED ABOUT A FEW TIMES IS, UM, YOU KNOW, ENSURING THE WORKFLOW IS AS OPTIMIZED AS POSSIBLE AND AS GROUP KINDA LOOKS LIKE THAT, THAT WAS ONE OF THE THINGS THAT THEY WERE GONNA TRY TO ADDRESS WITH THE CITY. SO, SO I, SO I DO COMMEND THAT EFFORT, YOU KNOW, TO HELP THE CITY KIND OF WORK THROUGH THEIR WORKFLOW. I, I WOULD JUST LIKE TO MAKE A COMMENT ABOUT THIS AS THE CASES THAT WE HAVE, UH, SEEN. UM, I THINK THAT WE HAVE REALLY LOOKED AT THE HARDSHIPS AND SOME OF THE MISTAKES. [03:25:01] UM, I THINK THAT WE'VE BEEN VERY FAIR IN OUR DECISION MAKING IN SPITE OF THE FACT OF MAYBE MISINFORMATION OR DELAYS OR TARDINESS ON, ON THE PART OF THE APPLICANT. UM, BUT I DO WANNA SAY ABOUT THE, THE ORGANIZATION OF SHORT TERM RENTALS, THE ASSOCIATION STATING WHAT THEY STATE IS, IS A, TO ME A BIG THING BECAUSE, UM, THEY ARE SEEING, UH, THE ABUSE OF MANY PEOPLE THAT DON'T FOLLOW THE RULES. AND SO I THINK THEY'RE JUST SAYING KEEP AN EYE ON THAT. YEAH, I I DIDN'T THINK WE GRANTED THAT MANY APPROVALS TO BE HONEST WITH YOU, . OKAY. AND UH, ALSO, UM, I KNOW SOME OF Y'ALL HAS ISSUES WITH THE SHAREPOINT PAGE. UH, WE'RE GONNA TRY TO YEAH, REISSUE THE, UH, THE NOTICES OR THE PERMISSIONS. UM, TRY IT AGAIN, UH, BEFORE NEXT MEETING. UM, AND WE'LL HAVE A KIND OF A, A PROBLEM SOLVING SESSION, UH, FROM THOSE OF Y'ALL HAVE IT. ALRIGHT. AWESOME. ANYTHING, UH, IS ANYTHING HAPPENING THIS SUMMER AT ALL? ANY ANYTHING? NBA FINALS? WELL, I'M JUST WONDERING, LIKE WE, WE'VE UH, WHAT ABOUT THE, UH, UM, THE, THE UDC REWRITES? SO, SO 'CAUSE THAT'S GETTING READY TO, UH, STACK UP AGAIN. SO, AND WE TALKED ABOUT HAVING A SESSION TO TALK ABOUT THINGS THAT THIS BOARD WAS GONNA RECOMMEND. SO WHEN DOES, WHEN DOES THE TARGET FOR THIS, THE UDC TO HAPPEN? IS THAT GO TO COUNCIL A YEAR FROM NOW, A YEAR AND A HALF FROM NOW? ARE WE THAT FAR AWAY OR IS IT, I KNOW THAT, I KNOW THAT, UM, TYPICALLY THEY START TAKING, UM, WE'RE STARTING TO ACCUMULATE OUR INTERNAL, UM, UDC AMENDMENT REQUESTS, BUT THEN WE WILL ALSO START JANUARY 1ST TO TAKE, UM, APPLICANTS. SO THAT'S ABOUT, WE WILL BASICALLY TAKE, YEAH, THAT FIRST SIX TO SEVEN MONTHS TO REALLY GO THROUGH THAT. SO WE NEED TO START OF 2027 START. WE SHOULD START MEETING IN THE FALL THEN. YEAH, I WOULD SEPTEMBER, SAY FURTHER, CLOSER TO THE END OF THE YEAR WOULD BE PROBABLY BETTER SAID. OKAY. SO, UM, WE'LL JUST PUT THAT OUT THERE. ANYBODY WHO WANTS TO BE INVOLVED, I THINK THE TARGET WOULD BE TO HAVE, UM, UH, YOU KNOW, MAYBE SOME WORK SESSIONS. IT WOULD BE NICE IF WE DIDN'T HAVE THEM BEFORE THIS MEETING, YOU KNOW, IF THAT WAS POSSIBLE. UM, SO, AND I DON'T KNOW IF, UM, SO A LETTER WENT OUT FOR, UM, UDC OR I'M SORRY. WELL, UM, THE TAC PARTICIPATION AND SO THEY JUST SENT OUT ANOTHER NOTICE FOR THE OFFSET YEAR. AND SO I DON'T KNOW IF THERE'S ANYBODY, IF THIS GROUP IS IMPACTED BY THAT OR BOTH. WERE ASSIGNED LAST YEAR, SO WE MAY NEED TO TAKE A LOOK. WE HAVE AN ALTERNATE AND A MAIN PERSON TO THE TAC ALREADY. YEAH. OH, OKAY. RIGHT. BUT, BUT WHEN, WHERE THEY'RE ASSIGNED, BECAUSE IT'S EVERY OTHER YEAR. AND SO, SO I WAS THROUGH GENERAL PUBLIC WAS, WAS, UH, THE PRIOR SESSION. OH YEAH. AND SO I'M COVERED, BUT, BUT THERE'S A SET EXPIRING. UH, I WAS REAPPOINTED JUST BEGINNING THIS YEAR WITH THAT. FOR US. YEAH. YEAH, FOR US. OKAY. BUT I THINK, UH, MS. CRUZ MAY ALSO ALSO BE IN THAT BOARD, SO I DON'T KNOW IF SHE WAS ALSO AT THE SAME PERIOD. AND SO AS AN ALTERNATE, SO WE MAY, WE MAY NEED TO LOOK JUST TO SEE WHAT OUR, AND THAT, THAT DUE DATE WAS, UH, IN THREE WEEKS I THINK WITH REGARDS TO THE APPLICATION. YEP. WELL, CHAIR, YES. ALSO, IS THERE, IS THERE AN UPDATE MAYBE WE CAN GET FROM THE CITY REGARDING LIKE, AT LARGE PARTICIPATION AND, UM, YOU KNOW, ALTERNATES? YES. YEAH. DO WE, WE WE STILL HAVE A VACANCY. UH, I HAVEN'T HEARD ANYTHING FROM ALTERNATES. UM, NOW WE DID HAVE SOME REACH OUT THAT WE SENT TO THE, UH, CITY CLERK'S OFFICE YEAH. THAT WE SENT OVER THERE TO THEIR, SO THEY CAN START THAT PROCESS. BUT I KNOW THAT WE USED TO HAVE, UH, LIKE TODAY WE HAVE 10 PEOPLE SITTING. WE USED TO ALWAYS HAVE ONE ON CALL OR ONE READY TO SHOW UP OR WHATEVER. AND THAT KIND OF SEEMED TO HAVE STOPPED HAPPENING. HOPEFULLY WE HAVE ONE ON STANDBY ONLINE, BUT THAT'S, THAT'S THE BEST DAY . IT JUST, IT JUST SEEMS LIKE, YEAH, WE HAVE, WE HAVE LIKE A PERMANENT FIXTURE HERE, BUT UH, YOU KNOW, OUT OF, OUT OF SEVEN ALTERNATES WE USUALLY HAD A HANDFUL THAT AT LEAST, YOU KNOW, 'CAUSE LIKE TODAY WE ONLY HAVE 10 PEOPLE, YOU KNOW, IT'D BE NICE. I DUNNO. DOES ANYBODY EVER CALL Y'ALL AND, AND SAY, HEY, HI. HOW COME YOU HAVEN'T ASKED ME TO COME SHOW UP OR NO. TELL, TELL 'EM WE'RE, WE'RE HIRING, YOU KNOW, HIRING 20 BUCKS, 20 BUCKS, 20 BUCKS. YEAH. WELL, OKAY, IF THERE'S NOTHING ELSE, IT IS 4 42. AND THE GRATITUDE AND RESPECT OF CITY STAFF. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.