[00:00:02]
OKAY, WE'RE GOOD.HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION.
DO WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE.
IF EVERYONE PLEASE JOIN ME IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC ONE NATION.
I PLEDGE ALLEGIANCE TO THE ALLE ALLEGIANCE.
TEXAS ONEONE ONE AND INDIVIDUAL.
A STAFF COULD PLEASE CALL ROLL.
AND WE'RE EXPECTING ONE MORE TO JOIN SHORTLY, BUT WE'RE GONNA GO AHEAD AND GET STARTED.
[ Briefing and Possible Action on the following items ]
PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE ONLINE.
THE CASE IS ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK AS THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SON AND 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 GOVERNOR 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, IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.
ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION.
THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF COULD BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE FIR PERTINENT FACTS OF YOUR CASE STAFF.
STAFF WILL BE GETTING EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR A VARIANCE, SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS.
INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
FOLLOWING THIS PRESENTATION AND ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR PROPOSED VARIANCE FOR SPECIAL EXEMPTION.
YOU'LL BE CALLED IN THE ORDER TO SIGN UP TO SPEAK.
THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTE PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
FOR THOSE THAT WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A 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.
APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO TO ADDRESS BOARD QUESTIONS.
[00:05:01]
YOU CHAIRMAN.UH, SO WE'LL BEGIN WITH ITEM NUMBER ONE LOCATED AT ONE 12 FAIRFAX STREET.
MY NAME IS JOSEPH LEO, SENIOR PLANNER WITH DEVELOPMENT SERVICES.
I NUMBER ONE IS BO A DASH TWO SIX DASH 1 0 3 0 0 1 1 1 AT ONE 12 FAIRFAX IN COUNCIL DISTRICT TWO.
THE APPLICANT IS MALCOLM DUNCAN AND THEY ARE REQUESTING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL ON THE BLOCK FACE.
AND THE CURRENT ZONING IS RM FOUR.
AGAIN, THE SUBJECT PROPERTY IS LOCATED AT 1 12 1 12 FAIRFAX SURROUNDING LAND USES INCLUDE RESIDENTIAL.
UM, AGAIN, THEY'RE SEEKING A SPECIAL EXCEPTION TO ALLOW FOR ONE ADDITIONAL TYPE TWO ON THE BLOCK FACE.
UM, THERE IS CURRENTLY ONE ACTIVE TYPE TWO PERMIT, UM, LOCATED AT 1 0 6 FAIRFAX HAVING BEEN APPROVED ON UH, DECEMBER 12TH, 2025.
UH, PER THE CODE TYPE TWO SHORT-TERM RENTAL SHALL BE LIMITED TO NO MORE THAN ONE EIGHTH OR 12.5% OF THE TOTAL NUMBER OF SINGLE FAMILY DUPLEX, TRIPLEX, OR QUADPLEX UNITS ON THE BLOCK FACE.
AT LEAST ONE TYPE TWO IS ALLOWED PER BLOCK FACE REGARDLESS OF THE NUMBER OF UNITS ON THAT BLOCK FACE.
UM, SO THIS IS THE PERMITTING HISTORY.
UM, THE SUBJECT PROPERTY DID HAVE AN EXISTING TYPE TWO SHORT TERM RENTAL PERMIT.
IT WAS ISSUED ON DECEMBER 1ST, 2022, UH, WHICH SUBSEQUENTLY LAPSED, UH, THREE YEARS LATER ON THE FIRST OF 2025.
UH, BETWEEN THE EXPIRATION OF THEIR INITIAL PERMIT AND THE INITIAL THE SUBMISSION OF A NEW APPLICATION.
UM, THE NEIGHBORING PROPERTY IN THE BLOCK FACE WAS ISSUED A TYPE TWO PERMIT.
AND THIS IS THE TYPE TWO DENSITY COUNT.
THERE ARE FIVE UNITS ON THIS BLOCK FACE FROM 1 0 2 TO ONE 14 FAIRFAX.
THE ONE ACTIVE TYPE TWO IS LOCATED AT 1 0 6.
UH, THE BLOCK FACE IS CURRENTLY AT 20% AND IF THIS ONE IS APPROVED, IT'LL BE AT 40%.
THERE ARE NO CODE ENFORCEMENT HISTORY OR ACTIVE LISTINGS.
THIS IS THE SITE PLAN AND THE SUBJECT PROPERTY AND THE SURROUNDING AREAS.
STAFF RECOMMENDATION, UH, STAFF RECOMMENDED A DENIAL OF THE APPLICANT'S REQUEST AND THIS IS THE NOTIFICATION PLAN.
WE SENT OUT 37 NOTICES, ONE IN FAVOR, ONE IN OPPOSITION.
UM, THE SUBJECT PROPERTY IS NOT WITHIN A, UM, REGISTERED NEIGHBOR ASSOCIATION.
UM, AND THEN THE THREE COMMUNITY ORGANIZATIONS HAVE BEEN NOTIFIED AND, UM, RECEIVED NO RESPONSE.
AND THIS CONCLUDES STAFF'S PRESENTATION.
UH, COMMISSIONER STEVEN JOINED AT 1:04 PM UH, SO A COUPLE QUICK QUESTIONS.
UH, JUST TO GET THIS OUT THERE.
WERE THERE ANY, UH, ENFORCEMENT AT ALL DURING THE THREE YEARS? THEY DID HAVE A PERMIT.
NO, THERE WAS NO CODE ENFORCEMENT.
AND WHEN DID THE NEIGHBOR APPLY? HOW, HOW SOON AFTER DECEMBER? THE NEIGHBOR HAD APPLIED ON DECEMBER 1ST, 2025 AND THEY WERE ISSUED THEIR TYPE TWO PERMIT ON DECEMBER 12TH.
AND AND TO YOUR KNOWLEDGE, WAS THERE ANY OWNERSHIP? THERE WOULDN'T HAVE BEEN ANY OWNERSHIP CHANGES, BUT CONTACT CHANGES, ANYTHING? NO, SIR.
ANY QUESTIONS FROM THE COMMISSION? BRAGMAN? COMMISSIONER BRAGMAN? I'M LOOKING AT THE DENSITY COUNT.
I'M, AM I COUNTING IT WRONG? I'M SEEING SIX UNITS ON THE BLOCK FACE, NOT FIVE.
SO ONE 16 FAIRFAX UM, IS A VACANT LOT, SO THAT ONE WOULD NOT COUNT TOWARDS THE BLOCK FACE.
UM, AND THEN FIVE 17 ON THE FAR EAST IS ADDRESSED OFF OF, UM, HACKBERRY ON THE RIGHT SIDE.
IT JUST, THERE'S A OUTLINE OF A BUILDING ON THAT LOT, SO IT LOOKED LIKE IT'S UNDERSTOOD.
ALRIGHT, LET THE APPLICANT COME FORWARD.
UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SDR.
MY NAME IS MALCOLM DUNCAN AND I'M HERE TODAY TO HOPEFULLY GET A, A SPECIAL EXCEPTION.
UM, I, I WOULD LIKE TO BEGIN BY ACKNOWLEDGING THAT MY PERMIT LAPSED DUE TO UNINTENTIONAL OVERSIGHT.
I AM A VERY BUSY MENTAL HEALTH PROVIDER TAKING CARE OF AN UNDERSERVED POPULATION, AND THAT COMES AS MY NUMBER ONE PRIORITY AND I OVERLOOKED THE, THE RENEWAL NOTICE.
I'VE HAD A, I'VE HAD A, UM, THE SDR HAS BEEN THERE FOR THREE YEARS.
I'VE OPERATED THE SDR WITH NO COMPLAINTS OR DISTURBANCES OR VIOLATIONS.
UH, AFTER THE PERMIT EXPIRED, I IMMEDIATELY BEGAN TO PROCESS AND TO GET IT REINSTATED.
[00:10:01]
BUT SHORTLY, SHORTLY AFTER THAT, I WAS NOTIFIED THAT THE 12.5 BLOCK FACE DENSITY CAP WAS REACHED, WHICH MADE THE PROPERTY INELIGIBLE FOR ADMINISTRATIVE APPROVAL.UH, I FULLY UNDERSTAND THE PURPOSE OF THE DENSITY RULE AND I'M HERE TODAY, UH, BECAUSE THE ONLY ONE BARRIER REINSTATEMENT IS THE TIME OF THE LAPSE.
UH, NOT ANY CHANGES TO THE PROPERTY, UH, HAS BEEN DONE.
I WOULD LIKE TO E EMPHASIZE NOTHING ABOUT THE REQUEST INCREASES, OCCUPANCY, TRAFFIC NOISE, OR NEIGHBORHOOD IMPACT.
UH, THERE ARE NO STRUCTURAL CHANGES, NO EXPANSIONS OF USE, NO ALTERATIONS TO THE CHARACTER OF THE AREA.
THIS IS SIMPLY A REQUEST TO CONTINUE THE SAME QUIET, WELL-MANAGED OPERATION THAT HAS, HAS EXISTED THERE FOR THREE YEARS.
THE INTENT OF THE STR ORDINANCE IS TO ENSURE THE PROPERTIES ARE OPERATED RESPONSIBLY AND NOT CAUSE ANY NEGATIVE IMPACT TO THE COMMUNITY.
I ALSO WANT TO NOTE THAT THE REQUEST IS NOT ABOUT CREATING A NEW STR BUT JUST, UH, RESTORING A PREVIOUSLY PERMITTED USE THAT HAS ALREADY SHOWN CONSISTENT, PEACEFUL, UH, COEXISTENCE WITH THE NEIGHBORHOOD.
I AM ALSO WILLING TO ACCEPT ANY KIND OF REASONABLE CONDITIONS THAT OR MAY, UH, FEEL APPROPRIATE, UM, WHETHER RELATED TO THE OCCUPANCY.
AND BY THE WAY, WHENEVER I DID APPLY FOR THE PERMIT, I WAS NOTIFIED THAT I NEEDED A CONCRETE DRIVE OR A A, NOT A CALICHE DRIVE.
AND SO I PUT IN A NEW DRIVEWAY ABOUT $7,000, WHICH WAS SOMEWHAT OF A FINANCIAL, UH, BURDEN.
UM, I, I PROVIDED, I PROVIDED AN AFFORDABLE OPTION FOR VISITORS VISITING SAN ANTONIO, 129 A NIGHT, UH, SIX GUESTS, UH, ACCESS TO THE, UH, WALKING DISTANCE TO THE ALAMO DOME, RIVERWALK HEMISPHERE PARK.
AND I ORIGINALLY BOUGHT THE HOME WHEN I, WHEN I GO TO VISIT FAMILY, UH, HERE IN HERE IN SAN ANTONIO.
AND, UM, AND SO I'M STAYING THERE QUITE OFTEN.
UM, I AM A, I'M NOT A BIG INVESTMENT GROUP.
I'M AN INDIVIDUAL WHO'S LIVED IN THE AREA.
I HAVE A LETTER FROM MY NEIGHBOR, UH, SUPPORTING THIS SPECIAL EXCEPTION.
AND I'M WANTING TO KEEP THE STR INSTEAD OF TRYING TO CHANGE IT TO A LONG-TERM UNIT.
UM, I PREVIOUSLY RENTED A LONG-TERM IN THE PAST AND WHEN I DID SO IT CAUSED MORE PROBLEMS THERE.
ONCE SOMEBODY GETS IN ON A LONG-TERM RENTAL, IF THEY START DOING THINGS, LIKE WHEN I HAD, THEY WERE, I WAS GETTING MANY COMPLAINTS FROM MY NEIGHBORS, UM, SAYING THAT THERE WAS MARIJUANA SMOKING GOING ON, THERE WAS PEOPLE COMING AND GOING.
AND THEN WHEN I WENT TO E VICTIM, IT TOOK SEVERAL MONTHS, WHICH CAUSED MORE IMPACT TO THE NEIGHBORHOOD WITH THE, UM, WITH SHORT TERM RENTAL.
THEY ARE VETTED, SO THEREFORE I KNOW WHO'S GOING IN THERE.
I KNOW IT'S GONNA BE A SHORT TURNAROUND AND I HAVE SOMEBODY CHECKING THE PLACE OUT TO MAKE SURE EVERYTHING'S GOOD.
UH, IS, DO YOU HAVE ANY OTHER STR IN SAN ANTONIO? NO.
AND THERE'S NO PROFESSIONAL MANAGEMENT.
IT'S JUST, IT'S YOU DOING EVERYTHING? YEAH.
I I HAVE A HOUSEKEEPING GROUP.
UM, YOU SAID THAT YOU ALSO STAY THERE WHEN YOU'RE IN TOWN? MM-HMM
SO DO YOU LIVE IN TOWN OR? I LIVE IN AUSTIN.
AND SO THE RE ONE OF THE REASONS DO YOU NEED TO STAY IS, UH, SDR IS SO THAT YOU CAN UTILIZE IT WHEN YOU'RE IN TOWN? ABSOLUTELY, YES.
CAN YOU GIVE A PERCENTAGE OF THAT? HOW DURING THE AIR ARE YOU LIKE 25% OF THE AIR YOU USE IN THE FACILITY? LESS, MORE MYSELF.
COMMISSIONER ZUNA, DO YOU HAVE A COPY OF THAT LETTER? YOU SAID THE NEIGHBOR WAS IN SUPPORT IF HE COULD PROVIDE THAT? UH, YEAH.
WHICH NEIGHBOR IS THIS ONE TO THE, THIS IS ONE RIGHT ADJACENT TO MY HOUSE.
DO YOU KNOW, UH, THE NEIGHBOR THAT APPLIED FOR THE SHORT TERM RENTAL AFTER YOURS LAPSE? DO, DO YOU KNOW THAT NEIGHBOR? I DON'T.
UM, BUT I DID LOOK THEM UP AND IT LOOKS LIKE AN INVESTMENT GROUP.
UH, IS THERE ANYONE SO TO SPEAK, VOICEMAIL.
COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 26 DASH 1 0 3 0 0 1 1 1.
A MOVE TO THE BOARD OF ADJUSTMENT, GRANTED SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT TERM RENTALS SITUATED AT ONE 12 FAIRFAX.
APPLICANT BEING MALCOLM DUNCAN, BECAUSE THE TESTIMONY PRESENTING 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.
[00:15:01]
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY.THE BOARD FINDS THAT THE REQUEST TO OPERATE AN ADDITIONAL SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY.
B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE.
THERE DOES NOT APPEAR TO BE A REASON TO BELIEVE A PUBLIC NUISANCE WOULD BE CREATED OF AN ADDITIONAL SHORTAGE, SORRY, SHORT TERM RENTAL PERMIT WAS APPROVED.
SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY STRUCTURES.
THE SCENARIO DOES NOT CAUSE REASON TO BELIEVE IT WAS SUBSTANTIALLY INJURED NEIGHBORING PROPERTIES AS A SHORT TYPE TWO SHORT TERM RENTAL.
D ADEQUATE, UH, UTILITIES, ACCESS, ROADS, UH, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED.
THE SUBJECT PROPERTY PROVIDES OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE.
E THE APPLICANT OR OWNER OF THE SPECIAL EXCEPTION DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATION OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT OR OWNER DOES NOT HAVE PREVIOUSLY REVOKED LICENSES, CONFIRMED CITATIONS OR ADJUDICATED OFFENSES OR CONVICTIONS AT THE SPECIAL EXCEPTION, WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY, WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO OTHER RESIDENTIAL USES WITH A PROPERTY OWNER PROVIDING OFF STREET PARKING AND MAINTAINING IT FROM NEIGHBORING PROPERTIES.
THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION END OF MOTION.
UM, I ORDINARILY WOULD NOT, UH, GO ABOVE THE DENSITY TO THIS LEVEL.
UM, BUT I, I UNDERSTAND THE NEED FOR THE SPECIAL EXCEPTION FOR THIS PARTICULAR APPLICANT BECAUSE HE DOES LIVE OUT OF TOWN, UM, AND COMES AND STAYS HERE, UH, PERIODICALLY, AS HE SAID ABOUT 25% OF THE TIME.
SO I CAN SEE WHY THE LONG TERM RENTAL WOULD NOT WORK, UM, IN THIS INSTANCE.
UM, HE HASN'T HAD ANY, UM, OFFENSES, UH, THAT WERE NOTED OR POLICE CALLS THAT WE'VE DETERMINED IN THE THREE YEARS THAT HE, UH, HAD THE, UM, UH, PERMIT.
SO I'LL BE IN SUPPORT OF THE MOTION.
COMMISSIONER ZUNA? YES, SO I'LL BE IN SUPPORT AS, AS WELL AS MY COLLEAGUE.
UM, THE OTHER THING I'D LIKE TO MENTION IS, YOU KNOW, THERE IS A, A VACANT LOT AND THEN YOU HAVE THESE FOUR, UH, DUPLEX UNITS THAT ARE ADDRESSED OFF THE ADJOINING STREET.
BUT YOU KNOW, IF YOU WERE TO INCLUDE THOSE IN, I THINK IT'D BE PRETTY CLOSE ON ON THE DENSITY.
UM, SO I, I DON'T THINK THERE, I MEAN OBVIOUSLY THERE'S, THERE'S A NEED FOR THIS KIND OF, UH, SHORT-TERM RENTAL IN, IN THE AREA WITH CLOSE PROXIMITY TO THE DOWNTOWN AMENITIES AND, AND THE APPLICANT USES THIS, THE SPACE FOR 25% OF THE TIME.
SO IT DOES CREATE SOMEWHAT OF THAT NEIGHBORHOOD, YOU KNOW, CONTINUITY WITH THE UNIT.
ANYONE ELSE? COMMISSIONER MANON? UM, UNFORTUNATELY I WON'T BE SUPPORTING THIS.
AND SO WITHIN A HALF MILE DIAMETER, THERE ARE 40 OTHER SHORT TERM RENTALS AND IT'S, AND IT IS PRETTY CONSISTENT THAT THERE IS ONE PER BLOCK FACE.
AND SO, UM, YOU KNOW, SO I DIDN'T HEAR ANY DIALOGUE WITH REGARDS TO 30 DAY, UM, YOU KNOW, EXTENDED RENTALS THAT ARE BEING AVAILABLE.
AND SO, UM, YOU KNOW, IT IS UNFORTUNATE THAT IT LAPSED, BUT YOU KNOW, WE HAVE A DIALOGUE OR WE HAVE A, YOU KNOW, THE, THE, THE, THE, THE RULING OR THE, UH, CODE STATES, YOU KNOW, SO BASICALLY SOMEONE COME IN AND FILE A FILE FOR, UM, THE SHORT TERM RENTAL AND THEY DID.
SO IT'S, UH, UNFORTUNATE FOR TIMING AND UNFORTUNATELY, UNFORTUNATELY IT WAS MISSED.
BUT I WILL NOT BE SUPPORTY THIS.
ANYONE ELSE? I'M JUST GONNA CHIME IN ON THIS ONE.
I ALSO PROBABLY WOULDN'T SUPPORT THESE SORT OF THINGS, BUT BECAUSE HE, HE'S THERE 25% OF THE TIME, HE, HE, AND THESE ARE ONLY GOOD FOR THREE YEARS, SO IF HE EVER SELLS IT, IT AUTOMATICALLY EXPIRES AND IT'LL BE REVISITED EVERY THREE YEARS.
SO DOES HAVE A ROLL CALL VOTE.
COMMISSIONER BRAGMAN? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? NO, I DO NOT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
[00:20:01]
COMMISSIONER CRUZ? UM, CAN YOU TURN YOUR CAMERA ON PLEASE? COMMISSIONER CRUZ, CAN YOU PLEASE TURN YOUR VIDEO ON? NO, I WANT TO SEE IF SHE, UH, HAS ANYBODY, DID SHE ANSWER HER PHONE? I THINK WHAT WE DO IS WE START POLLING THE PEOPLE ON, ON ONLINE FIRST JUST TO MAKE SURE WE GET A VOTE.IS SHE TRYING TO LOG BACK IN? OKAY.
BUT CAN WE MOVE TO THE CONTINUANCE CASE? YEAH, WE CAN TABLE THIS AND MOVE ON TO
[00:25:01]
ANOTHER ONE UNLESS SHE IS IN THE PROCESS OF SIGNING ON OR SOMETHING.SO HOW DO YOU VOTE ON THE LAST ONE? I, I CONCUR.
AND AS A REMINDER TO THE GALLERY, YOU DO NEED NINE VOTES NO MATTER HOW MANY PEOPLE ARE VOTING FOR SOMETHING TO PASS.
SO IT'S VERY CRITICAL THAT WE HEAR FROM EVERYBODY.
ITEM NUMBER TWO IS BOA DASH 26 DASH 0 3 8 9 LOCATED IN DISTRICT EIGHT AT 1 3 6 4 9 FOREST ROCK DRIVE.
THE ZONINGS ARE FOR, AND THE REQUEST IS FOR A FOUR FOOT 11 INCH VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK TO ALLOW ONE INCH SETBACKS 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 SINGLE FAMILY RESIDENTIAL DISTRICT AND R FIVE RESIDENTIAL SINGLE FAMILY DISTRICT.
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.
THEY CONTINUED STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCE IS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THEY REDUCE SETBACK VARIANCE WOULD RELIEVE INSUFFICIENT ROOM TO MITIGATE POTENTIAL FIRE CONCERNS AND WATER RUNOFF ONTO ABIDING PROPERTIES.
TWO, THE ADDITION TO THE PRIMARY STRUCTURE COULD HAVE BEEN PLANNED TO ADHERE TO RESIDENTIAL BASE ZONING, DISTRICT SETBACK REQUIREMENTS.
STAFF MAIL AT 40, NOTICES ZERO WERE RECEIVED IN FAVOR, ZERO IN OPPOSITION.
WE RECEIVED ONE VOICEMAIL AND OPPOSITION AND THERE'S NO REGISTERED NEIGHBOR ASSOCIATION WITHIN 200 FEET.
AND YES, THIS CASE WAS CONTINUED IN TODAY AND THIS CONCLUDES STAFF'S PRESENTATION.
LET'S HAVE THE APPLICANT COME FORWARD.
UM, THE ENCLOSURE OR THE, UH, DECK WAS BUILT BY A CONTRACTOR WHO DID NOT GET A PERMIT AND I'VE HAD IT LOOKED AT BY, UH, A, UH, ENGINEER AND HE'S CONDEMNED IT.
IN OTHER WORDS, IT CANNOT BE BROUGHT TO, UM, COMPLIANCE FOR A PERMIT.
SO I'M GONNA TEAR IT DOWN AND THE BOA IS WITHDRAWN.
'CAUSE I FOUND OUT THAT THERE'S, THERE'S NO WAY TO, TO CORRECT IT.
UH, THE QUESTION HAD TO DO WITH THE SETBACK.
UM, I AM GOING TO REBUILD IT, BUT THE, UH, AND OF COURSE I'LL JUST COMPLY THEN WITH, WITH THE FIVE FOOT SETBACK.
SO THAT'S NOT GONNA BE A PROBLEM.
SO, UM, I GUESS THAT'S ALL THERE IS TO YES, SIR.
SAY THE BO OA IS, UH, WITHDRAWN.
SO ITEM TWO HAS BEEN WITHDRAWN, GONNA BE TORN DOWN, AND I WAS JUST CURIOUS, MR. CHAIR, THE NAME OF THE CONTRACTOR THAT'S BUILDING WITHOUT PERMITS, IS THAT APPROPRIATE TO ASK OR IF THE APPLICANT WOULD LIKE TO FEELS COMFORTABLE TO SAY IT? YOU GO AHEAD.
YEAH, YOU MEAN THE, THE ONE THAT'S GONNA BUILD THE NEW ONE? NO, THE ONE THAT BUILT THE OTHER ONE WITHOUT THE PERMIT.
SO JUST OH, OH, ANO WAS HIS NAME.
AND HE'S, HE IS GONNA TEAR IT DOWN.
I TOLD HIM HE COULD KEEP THE WOOD
UH, WELL HAVE A GOOD DAY, SIR.
[00:30:07]
AND REAL QUICK IS THE APPLICANT FOR ITEM THREE HERE, YOU, I JUST WANNA MAKE SURE YOU WERE PRESENT AT ALL.ITEM NUMBER THREE IS BO OA DASH 26 DASH 0 3 0 0 1 1 4 LOCATED IN DISTRICT TWO AT 37 51 BELGIUM LANE.
THE ZONING IS C TWO CD HAS A CONDITIONAL USE FOR CONSTRUCTION TRADES CONTACT CONTRACTORS.
THE REQUEST IS FOR ONE, AN EIGHT FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 10 FOOT SIDE SETBACK REQUIREMENT TO ALLOW A ONE FOOT SIX INCH SIDE SETBACK ON THE WEST PROPERTY LINE AND A THREE FOOT SIDE SETBACK ON THE EAST PROPERTY.
LINE TWO A 29 FOOT 11 INCH VARIANCE FROM THE MINIMUM REQUIRED 30 FOOT REAR SETBACK TO ALLOW A THREE FOOT SIX INCH REAR SETBACK FOR ONE STRUCTURE IN THE WEST SIDE OF THE REAR PROPERTY.
A ONE INCH REAR SETBACK ON THE NORTH PROPERTY LINE FOR THREE STRUCTURES IN THE REAR OF THE PROPERTY AND A THREE FOOT REAR SETBACK FOR ONE STRUCTURE IN THE EAST SIDE OF THE REAR PROPERTY.
THREE AIR REQUEST TO ELIMINATE THE REQUIRED TYPE B BUFFER IN THE REAR INSIDES OF THE PROPERTY FORM A FIVE FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT THROAT LENGTH TO ALLOW A 15 FOOT DRIVEWAY THROAT LENGTH, FIVE FENCE MATERIAL VARIANCE TO ALLOW A CORRUGATED METAL FENCE AND SIX, A THREE FOOT, SIX INCH FENCE HEIGHT.
SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWABLE THREE FOOT FRONT YARD SOLID FENCE REQUIREMENT TO ALLOW A SIX FOOT, SIX INCH SOLID FENCE IN THE FRONT YARD.
THE SUBJECT PROPERTY IS LOCATED ALONG BELGIUM LANE, CLOSE TO THE INTERSECTIONS OF BELGIUM LANE WITH LEON THOMAS WAY AND PICARD DRIVE.
THE SUBJECT PROPERTY IS ABUTTING DEVELOPED RESIDENTIAL LOTS IS OWNED.
R FIVE BAY ZONING DISTRICTS INCLUDING I IDZ TWO WITH USES PERMITTED AND MF 25 AND C TWO CD FOR MANUFACTURED HOME OVERSIZED VEHICLE.
SALES, SERVICE AND STORAGE CAN BE OBSERVED ACROSS THE STREET.
THE SUBJECT PROPERTY HAS MULTIPLE CODE ENFORCEMENT CASES.
PENDING RESOLUTION, THE APPLICANT SUBMITTED OUR REQUEST TO PRESERVE THE EXISTING CONDITION CONDITIONS ON THE PROPERTY PER STAFF'S VISIT TO THE SITE IN MAY OF 2026.
THE CURRENT DEVELOPMENT WARRANTS THE REQUEST FOR REDUCED SITE AND REAR SETBACKS.
THE ELIMINATION OF THE TYPE B BUFFER YARD REQUIREMENTS, A REJECTION IN DRIVEWAY, THROAT LENGTH DISTANCE, A VARIANCE TO ALLOW CORRUGATED MIDDLE FENCING AND A FENCE HEIGHT, SPECIAL EXCEPTION FOR A SOLID FENCE AND THE FRONT YARD OF THE PROPERTY.
THE STRUCTURES PRESENT ON THIS PROPERTY WERE ADDED OVER TIME, BEGINNING IN 2018.
RESEARCH CONDUCTED BY STAFF FOUND THAT NO PERMITS WERE OBTAINED FOR ANY STRUCTURES CURRENTLY ON SITE EXCEPT FOR THE STRUCTURE LOCATED IN THE CENTER OF THE LOT.
HOWEVER, THE PERMIT OBTAINED FOR THE STRUCTURE EXPIRED IN 2018 AND INSPECTIONS ARE NOT COMPLETED.
THIS IS THE SITE PLAN, THIS IS THE SUBJECT PROPERTY AND THEN THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE SIDE SETBACK VARIANCES, REAR SETBACK VARIANCES, BUFFER YARD VARIANCE, THROAT LENGTH, VARIANCE, AND FENCE.
MATERIAL VARIANCE IS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE GRANTING THE SIDE REAR SETBACK VARIANCES WOULD NOT OBSERVE THE SPIRIT OF THE ORDINANCE AS A PURPOSE OF MINIMUM SIDE REAR SETBACK REQUIREMENTS FOR COMMERCIAL PROPERTIES.
ABUTTING RESIDENTIAL PROPERTIES IS TO MINIMIZE THE POTENTIAL IMPACTS OF FIRE SPREAD AND WATER, WATER RUNOFF TO THE SUBJECT PROPERTY AND SURROUNDING NEIGHBORS ALONG WITH PROVIDING SPACE BETWEEN HIGHER INTENSE COMMERCIAL USES THAT WILL BE WITHIN CLOSE PROXIMITY TO RESIDENTIAL LOTS.
TWO, GRANTING AND ELIMINATION OF THE BUFFER REQUIREMENTS WOULD NOT SERVE THE INTENT OF THE ORDINANCE, WHICH IS TO PROVIDE SEPARATION BETWEEN BAY ZONING DISTRICTS WITH DIFFERING LEVELS OF INTENSITY AND TRAFFIC AND NOISE CREATED BY DIFFERENT USES.
THE STANDARDS ESPECIALLY IMPORTANT FOR RESIDENTS WHO LIVE WITHIN CLOSES PROXIMITY TO COMMERCIAL PROPERTIES.
THREE, THE REDUCED THROAT LENGTH VARIANCE WOULD LEAVE INSUFFICIENT ROOM TO MITIGATE TRAFFIC, INGRESS, EGRESS AND OF THE SURROUNDING AREA FORM CORRUGATED
[00:35:01]
METAL FENCE MATERIAL IS NOT INTENDED TO BE UTILIZED AS A FENCE AND THEREFORE PROHIBITED WITHIN THE CITY TO BE USED AS SUCH.ZERO WERE RECEIVED IN FAVOR, ZERO IN OPPOSITION.
WE RECEIVED ZERO VOICEMAILS IN FAVOR AND OPPOSITION AND THE UNITED HOMEOWNERS IMPROVEMENT ASSOCIATION NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE.
AND THIS CONCLUDES STAFF'S PRESENTATION.
UM, YOU KNOW, IS THIS ONE OF THOSE PARTS OF TOWN WHERE IT WAS JUST I TWO EVERYWHERE? I KNOW THE OTHER SIDE OF THE STREET WAS I TWO, BUT IT LOOKS LIKE THERE WAS A LOT OF CHANGE TO RESIDENTIAL.
UM, I DON'T SEE REMNANTS OF I TWO ON THIS SIDE OF BELGIUM.
THIS ACTUALLY DID GO THROUGH A LARGE AREA REZONING LAST YEAR WHERE YOU DID HAVE A, NOT THE BEST OF MIX WHERE YOU HAD SINGLE FAMILY RESIDENTIAL ESTABLISHED RESIDENCES AND A MIX OF THE I TWO.
AND SO THE, UH, DISTRICT OFFICE DID REQUEST THAT THE CITY, UH, PROPOSE A CHANGE OF ZONING FOR A LOT OF THOSE INDUSTRIAL USES, UM, WHICH ARE NOW MORE OF A COMMERCIAL USE.
UM, JUST THAT IS BETTER SUITED TO BE COMPATIBLE WITH THE EXISTING USES ON THE PROPERTY.
THE QUESTION IS, IS UH, ON THE ATTACHMENTS IS STILL REFLECTS I TWO ON THE ZONING MAP MM-HMM
AND SO I'M JUST WONDERING, DID THE GIS NOT UPDATE TO THE LEFT AND TO THE RIGHT ON THAT SIDE OF THE STREET OR WAS IT MOSTLY RESIDENTIAL AND THIS HAPPENED TO BE JUST A NO, THIS, THIS SHOULD HAVE BEEN UPDATED.
IT DOES SHOW A C TWO CD ON THE, UM, NO, NOT ONE STOP MAP ON THAT SIDE OF BELGIUM.
WAS IT PREDOMINANTLY I TWO LIKE IT IS ON THE OTHER SIDE OF BELGIUM AND THEN IT WAS CHANGED OR WAS IT A LOT OF RESIDENTIAL WITH THIS ONE LOT BEING I TWO, I'M WONDERING IF THE INTEGRITY OF THIS I CAN, I CAN ANSWER THAT ONE.
YEAH, EVERYTHING NORTH OF, UH, BELGIUM THERE, BESIDES THIS SUBJECT LOT WAS ALWAYS RESIDENTIAL.
UM, SO IT WAS JUST THIS PARTICULAR LOT.
THAT'S WHAT I WAS TRYING TO FIND OUT IF THIS WAS AN ANOMALY.
JUST, IT JUST HAPPENED TO BE THIS TRACTED.
AND THEN IN 2018 THEY STARTED THE CONSTRUCTION OF EVERYTHING.
IT WENT TO C TWO WITH, WITH A VASTLY REDUCED SETBACKS AND BUFFER REQUIREMENTS, UH, IN 2025.
BUT FROM 2018 TO 2025, THESE EXTERIOR BUILDINGS WERE CONSTRUCTED THEN, I ASSUME WHEN WE LOOKED AT AERIAL IMAGES WITHIN THAT TIMEFRAME, YES, WE STARTED SEEING MORE.
OF THE STRUCTURES BEING CONSTRUCTED AND, AND THE CITY, THIS SAYS MECHANIC SHOP, HOW DOES THE CITY, IT LOOKS LIKE IT'S STORAGE OR SOMETHING.
WHAT, WHAT IS, WHAT IS THE ACTUAL CLASSIFICATION OF THE USE? IS IT ALLOWED IN C TWO? THE, SO THE, THE APP ORIGINALLY PROVIDED DID SAY MECHANIC SHOP.
I DID REACH OUT SAYING THIS IS THE CD, THE CONDITIONAL USE AND THE USE BASED ON THE APPLICATION.
SO THE MAP SHOULD SAY METAL FABRICATION NOW.
UM, THE MAP, IT SOUNDS LIKE THE MAP YOU'RE LOOKING AT WAS AN OLDER VERSION THAT WAS PREVIOUSLY PROVIDED BEFORE I REACHED OUT AND THANK YOU.
I DIDN'T KNOW IF IT WAS NON-CONFORMING.
IF IT WAS I TWO AND THEN IT CONVERTED NON-CONFORMING WHEN IT CHANGED THE CT.
I WAS JUST TRYING TO FIGURE THAT OUT.
IT WAS, I MEAN, IT WAS I TWO BEFORE THE LARGER REZONING, BUT THE CD TO MY UNDERSTANDING WAS ALLOWED FOR CONTRACTOR TRADES LARGER.
SO, SO WAS I IT WAS, I IT WAS I TWO I TWO AND THEN IT AND THEN WHEN THEY DID THE REZONING, IT WENT BACK OR DID THEY, WERE THEY DOWN ZONED IT SO THAT IT FIT CLOSER TO THE NEIGHBORHOOD? UH, TO THE, TO THE, UM, C TWO CD.
AND THE CD WAS WHAT WAS CD SPECIFIC TO CONSTRUCTION CONSTRUCTION TRADE CONTRACTORS.
AND THEN, UM, AND THEN YOU TALKED ABOUT BEING VASTLY REDUCED BUFFERS.
SO YEAH, SO WHEN, WHEN THIS WAS ORIGINALLY BUILT, IF, IF THEY'RE SAYING BETWEEN 2018 AND 2025, I TOO COMMAND A 30 FOOT SETBACK AND 30 FOOT LAND TYPE F LANDSCAPE BUFFERS.
AND THEN WHEN IT CHANGED THE C TWO, THAT'S WHEN IT WENT TO THE, THE, THE TYPE B 10 FOOT.
AND SO THIS THING WAS, WAS GROSS 10 FOOT OR 20 FOOT? I THOUGHT, I THOUGHT WE WERE LOOKING AT 20 FOOT HERE.
WELL, THERE'S SETBACKS, BUT THE, THE BUFFER A TYPE B BUFFER.
SO TO BE WITH AN I TWO, YOU ACTUALLY HAVE A 50 FOOT SETBACK WHEN YOU'RE ABUTTING RESIDENTIAL USES C TWO DOES REDUCE THAT SETBACK TO 10 ALONG THE SIDES.
AND THE, WITH A, WITH A, A BUFFER OF VARYING BETWEEN A, A TYPE F.
IS IT A 30 OR 40 FOOT ON A TYPE F? SO LANDSCAPE BUFFER.
I, I, I, SORRY, I SHOULD HAVE BEEN MORE CLEAR WHAT I WAS REFERRING TO, BUT, BUT YES, ALSO WITH THE LANDSCAPE BUFFER AND I TWO, YOU'RE REQUIRED A 40 FOOT F BUFFER.
YEAH, THAT'S A SERIES F BUFFER 40 BUFFER, 40 FOOT BUFFER.
AND IT REDUCES NOW TO A 15 FOOT OR I'M SORRY, YES.
ISN'T BA 10 FOOT B'S NOT A 10? I THOUGHT B WAS A 10.
[00:40:01]
ANY OTHER QUESTIONS? BUT YOU'RE CORRECT.IF THE BUILDINGS WERE SUBMITTED AT THE TIME THAT THERE'S NO WAY MOST OF THAT LOT WOULD NOT BE DEVELOPABLE WITH IT BEING AT AN I TWO ZONING.
WELL, LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UH, GOOD AFTERNOON, MEMBERS OF THE BOARD.
UH, MY NAME IS RENEE, UH, MORALES.
I'M THE APPLICANT FOR THE VARIANCE FOR THE PROPERTY AT 35 37 51 BELGIUM.
THE PROPERTY IS ON C TWO COMMERCIAL AND THE REQUEST IS FOR THE METAL FABRICATOR SLASH ROOFING COMPANY PERMITTED WITHIN THIS ZONING DUE TO THE EXISTING CONFIGURATIONS OF THE, UH, STRUCTURES.
THIS CREATES A HARD, A HARDSHIP ON THE PROPERTY THAT IS OTHERWISE APPROPRIATE, UH, FOR THE USE DUE TO THE STRUCTURE WERE CONSTRUCTED.
AND THEN DIFFERENT LAYOUTS, WHICH WERE CONSTRUCTED FIVE OR SIX YEARS AGO.
WITH THE DIFFERENCE SETBACKS ON IT, UH, IT CREATES A PROBLEM AND WE'RE ASKING FOR, FOR THE VARIANCE TO COMPLY.
WE TRYING TO SEE IF WE COULD DO, UH, A FIRE RATED WALLS TO, UH, TO PROTECT THE PROPERTIES NEXT TO, NEXT TO THE, THE NEXT TO OUR PROPERTY.
UH, UH, THIS MEASUREMENT WILL ENSURE THE SECURITY OF, UH, SURROUNDING PROPERTIES WHILE MAINTAINING THIS.
THE COMMERCIAL CHARACTER OF THE, OF THE PROPERTY.
THE HARD THE, THE HARDSHIP IS DUE TO THE UNIQUE CONDITIONS OF THE BUFFERING REQUIRED, UH, REQUIRED BY THE CITY.
FOR THIS REASON, I REQUEST YOUR, YOUR SUPPORT.
UH, SO REAL QUICKLY, UM, SO IN 2018 IS WHEN, WHAT WAS IT BEFORE 2018? IT WAS THE, THE METAL, THE METAL COMP.
UH, I JUST GOT THE PROJECT, UH, GOING FOR THE LAST YEAR AND A HALF WHILE CALL COMPLIANCES CAME INTO PLAY.
UH, IT WAS JUST THE CENTER BUILDING.
AND THEN, UH, DUE TO THE NATURE OF THE, OF THE COMPANY, THEY NEEDED STORAGE AND, AND IN PLACES TO, TO DO WELDING AND WORK.
SO HE'S, MY, MY CLIENT STARTED BUILDING THE, THE, THE, THE BUILDING RIGHT ON THE RIGHT HAND SIDE AND THE OFFICE, ANOTHER SECTION OF THE OFFICE ON THE LE UH, LEFT HAND SIDE OF THE BUILDING.
DID THE USE CHANGE, WAS IT ALWAYS THE SAME BUSINESS? IT'S ALWAYS THE SAME BUSINESS.
HE'S BEEN THE, WHEN DID THE LONGEST, WHEN DID THE BUSINESS START? WHAT YEAR? AH, THAT WAS 10 YEARS AGO BEFORE THE 18.
UH, THE, THE, YEAH, BEFORE HE, HE, WELL, HE HAD THE, THE, THE PROPERTY SINCE 2010, I THINK.
SO I MEAN THIS ISN'T, NO, IT WAS NINE.
I'M, I'M TRYING TO FIND OUT IF YOU'RE A REALLY OLD BUSINESS THAT MAYBE WAS NON-CONFORMING TO A DIFFERENT LEVEL THAN, BUT YOU WERE BUILT UNDER, THIS WAS ALL CAME UP UNDER THE 2010 UDC OR LATER, SO MM-HMM
SO, SO I DO SEE THAT IT WAS AN EMPTY LOT IN, IN 2017.
UM, AND THEN IT APPEARS THE STRUCTURE OF THE, THE INITIAL STRUCTURE WAS BUILT AND SO ALL THE HOMES AROUND IT EXISTED BEFORE THEN.
AND SO IT WAS INSERTED HERE INTO A COMMUNITY, YOU KNOW, SO, SO I, I DO HAVE, YOU KNOW, PART OF THE DIALOGUE, UM, YOU KNOW, THAT I THINK ABOUT IS, YOU KNOW, THE BUFFERS IS WHERE I'M, I GUESS I'M HAVING, I'M STRUGGLING A LITTLE BIT, YOU KNOW, AND, AND I THINK IF WE PRESERVE THE, THE BUFFERS, YOU KNOW, THAT WOULD GIVE THE COMMUNITY KIND OF THAT FEEL, BUT STILL ALLOW FOR, FOR HIM TO LEVERAGE THE REST OF THE SPACE.
SO THAT'S, THAT'S WHERE WHAT I'M THINKING RIGHT NOW IS, AND, AND THIS COULD BE TO THE CITY OR THE APPLICANT, UH, THE, THE SITE AT 1207, UH, PICARD A, IS THAT RESIDENTIAL USE OR IS THAT A BUSINESS? I'M ONLY ASKING 'CAUSE IT LOOKS LIKE THERE'S MORE STUFF GOING ON IN THE BACKYARD THAN EVERYWHERE ELSE.
SO THEN YOU'RE COMPLETELY SURROUNDED BY A TRUE RESIDENTIAL ZONE.
AND RESIDENTIAL, WE'RE A SITUATION WHERE THERE, I MEAN, WE HAVE OUR HANDS TIED DOWN.
IT'S, AND YOU KNOW, THAT, AND, AND JUST SO YOU KNOW, UM, IF ALL THIS WOULD'VE COME ABOUT MORE THAN A COUPLE YEARS AGO, YOU, YOU WOULD HAVE REALLY HUGE SETBACKS AND, AND BUFFERS WHAT YOU'RE BEING ASKED.
WHAT YOU'RE BEING ASKED TO DO TODAY IS VASTLY LESS.
UH, IS THERE ANYONE SIGNING TO SPEAK? YES.
UM, SO FIRST ONE IS OS OSCAR VIX.
SIR, WE'RE GONNA HEAR FROM THE COMMUNITY AND WE'LL HAVE YOU COME BACK UP AFTERWARDS.
STATE YOUR NAME AND TELL US YOUR THOUGHTS.
[00:45:01]
THIS MONTH.I'VE BEEN LIVING THERE 51 YEARS.
AND I THINK THIS IS JUST HIGHLY EMBARRASSING FOR US TO BE DOWN HERE AGAIN.
SIR, CAN YOU, I THINK THIS IS HIGHLY EMBARRASSING FOR US TO BE DOWN HERE AGAIN.
Y'ALL KNOW WE'VE BEEN DOWN HERE FIGHTING FOR THE PORTER PARTIES, TRUCKS, DUST ENVIRONMENT, AND WE HAVE DONE EVERYTHING IN THE WORLD TO GET THE NEIGHBORS TO SUPPORT US.
NOW WHY THEY CAN'T COME AND ASK US TO SIT DOWN AND TALK TO 'EM.
THIS PLACE IS OUTGROWN ITSELF.
AND IF YOU HEARD THE COMPLAINTS THAT WE HAVE GOTTEN ABOUT WORKING LATE AT NIGHT, PEOPLE CAN'T SLEEP.
YOU KNOW, WHY NOT COME TALK TO US ABOUT OUR NEIGHBORHOOD THAT WE'VE BEEN LIVING IN OVER 50 YEARS? WHY SHOULD YOU WANT TO INCREASE SOMETHING IN OUR NEIGHBORHOOD THAT DON'T EVEN RELATE TO US, BUT AT LEAST COME AND TALK TO US BEFORE BRINGING IT DOWN HERE AND, AND Y'ALL COULD, IF Y'ALL JUST LOOK AT THE PICTURES THAT DON'T GO WITH OUR NEIGHBORHOOD AND WE HAVE A TRACK RECORD OF PRESERVING OUR NEIGHBORHOOD FOR OVER 50 YEARS AND WE HAVE TO COME DOWN HERE AND SPEND OUR TIME TO TALK ABOUT WHAT SHOULD BE AND WHAT SHOULDN'T BE IN OUR NEIGHBORHOOD.
I MEAN, WE'VE BEEN PAYING OUR TAXES FOR ALL OF THESE YEARS AND THEN WE GOTTA COME DOWN HERE AND WASTE OUR TIME TO TELL PEOPLE WHAT WE DON'T WANT IN OUR NEIGHBORHOOD.
COME TALK TO US, LET US KNOW WE'VE BEEN THERE 350 HOMES.
I'VE SERVED AS PRESIDENT FOR SIX DIFFERENT TERMS. I'VE BEEN DOWN HERE FOR EVERYTHING YOU CAN THINK OF.
SO WHY YOU CAN'T, WHY WE CAN'T COMMUNICATE, WHY WE CAN'T TALK TO ONE ANOTHER.
REALLY, WHEN THEY MOVED OUT THERE, WE THOUGHT IT WAS GONNA BE JUST A LITTLE OR A LITTLE BUSINESS.
IT IS OUTGROWN ITSELF, YOU KNOW WHAT I MEAN? YEAH.
SO I REALLY THINK IT'S SOMETHING THAT WE CAN SOLVE, BUT WE AIN'T GOING FOR THIS.
SO SIR, I WAS, UM, SO THE NEIGHBOR, YOU TALKED ABOUT NEIGHBORHOOD ASSOCIATION, IS IT A FORMAL NEIGHBORHOOD ASSOCIATION OR AN INFORMAL ONE THAT YOU HAVE IN THE, IN YOUR COMMUNITY? WE'VE BEEN ORGANIZED SINCE 1963.
UNITED HOMEOWNERS IMPROVEMENT.
YOU SPEAKING TO THE MICROPHONE PLEASE.
AND SO THE HOME, THE UNITED HOMEOWNERS IMPROVEMENT, UM, SO, SO THEY DIDN'T PROVIDE A WRITTEN RESPONSE, BUT ARE, ARE YOU REPRESENTING THE NEIGHBORHOOD ASSOCIATION? THIS IS THE NEIGHBORHOOD PRESIDENT.
AND THEN, UM, AND THEN MAYBE, UM, THE QUESTION IS, YOU KNOW, YOU TALKED ABOUT REACHING OUT TO THE COMMUNITY AND, AND GETTING THE LOTS OF OPPOSITION.
AND SO IS THAT DOCUMENTED WITH REGARDS TO THE OPPOSITION? AND, AND MAYBE THAT'LL BE PROVIDED IN THE NEXT, UH, PRESENTATION.
LEMME TELL YOU THE ONLY REASON WE HAVEN'T GOTTEN AROUND TO IT.
THE, THE, THE, THE, THE COMPLAINTS ARE THERE, BUT WE'VE BEEN DOWN HERE FIGHTING FOR THE PORTA POTTY.
WE'VE BEEN FIGHTING DOWN HERE FOR DUST.
WE'VE BEEN FIGHTING FOR POLLUTION.
AND IF THEY WOULD COME TO US AND LOOK AT WHAT WE'VE BEEN FIGHTING FOR, THEY WOULDN'T BE ASKING FOR THIS.
SIR, YOU, YOU'RE REFERRING TO THE HONEY POT ACROSS THE STREET? THAT PORTA POTTY ONE WHERE YOU WENT TO THE PLANNING COMMISSION? YEAH.
YEAH, THAT I RE I RECALL THAT CASE.
AND, AND ALL WE ASKING IS THAT YOU, IF YOU SUPPORT US, IF YOU GOING TO LIVE IN THE NEIGHBORHOOD, THAT'S ALL WE ASKING.
WE AIN'T TRYING TO MAKE PEOPLE DO THINGS.
ALL WE SAYING THAT WE BEEN THERE OVER 50 YEARS AND COMMUNICATE WITH US.
WHY I DON'T EVEN KNOW THESE PEOPLE.
I DONE SERVED SIX TIMES AS PRESIDENT.
I'VE BEEN DOWN HERE FOR EVERYTHING THE NEIGHBORHOOD HAS DONE IN THE LAST 50 YEARS.
HE'S BEEN DOWN HERE FOR EVERYTHING.
SO WHY OUR NEIGHBORHOOD GOTTA COME DOWN HERE AND FIGHT ALL THE TIME WHEN SOMEBODY OUGHT JUST SAY, LEAVE THESE PEOPLE ALONE.
I ALSO WANNA SAY THAT WE, I DID RECEIVE OPPOSITION FOR THIS CASE, HOWEVER, IT WAS PAST THE DEADLINE TO BE PRESENTED IN STAFF'S PRESENTATION, WHICH IS WHY I WAS NOT IN THE PRESENTATION TODAY.
BUT I DID RECEIVE OPPOSITION ON PAPER THIS MORNING.
SO FROM THE, FROM THE COMMUNITY OR, OR LETTERS? MULTIPLE LETTERS FROM LOTS OF PEOPLE OR, SO JUST WHAT I DIDN'T, I DIDN'T HAVE TIME TO VERIFY WHAT IT WAS, THE ADDRESSES.
BUT TO MY UNDERSTANDING, IT IS FROM THE COMMUNITY, THE SH PERFECT.
AND IT LOOKS LIKE THE LETTERS THAT WERE SENT IN THE MAIL.
MY QUESTION IS, IS THERE, SO THERE THE APPLICANT IS REQUESTING CERTAIN, UH, VARIANCES FROM THE MINIMUM SETBACK SIDE, SETBACKS AND REAR SETBACKS.
IS, IS THERE A SETBACK LIMIT THAT YOU WOULD BE OKAY WITH IF THE APPLICANT WERE TO SET THE BUILDING BACK A CERTAIN FOOTAGE FROM EITHER SIDE OR REAR? IS THERE SOMETHING THAT YOU WOULD BE OKAY WITH? I'M GONNA TELL YOU, LIKE I TOLD THE PRESIDENT, I AIN'T FOR NOTHING.
IF YOU AIN'T GOT A RESIDENTIAL PLACE IN OUR NEIGHBORHOOD, I AIN'T FOR YOU.
WE GOT 325 RESIDENTIAL HOUSING AND IF YOU AIN'T PUTTING
[00:50:01]
NO RESIDENTIAL OUT THERE, I AIN'T FOR NOW I GO ALONG WITH THE PROGRAM WITH THE COMMUNITY IF I HAVE TO, BUT I'M TELLING YOU, WE DON'T WANT NOTHING IN OUR NEIGHBORHOOD BUT RESIDENTIAL AND WE GOT A TRACK RECORD OF TAKE CARE, WE HAVE A OVER 60 YEAR TRACK RECORD OF TAKING CARE OF OUR RESIDENTIAL NEIGHBORHOOD.SO ANYTHING YOU PUT OUT THERE THAT DON'T RELATE TO THE NEIGHBORHOOD, WE DON'T WANT IT.
THAT'S WHY I ASKED THE QUESTION.
UH, MY NAME IS SHIRLEY TO PLUMMER.
I LIVE AT 34 52 CHATEAU DRIVE.
SO I'M IN 3,400 BLOCK OF BELGIUM LANE.
I'M THE SECRETARY FOR OUR NEIGHBORHOOD ASSOCIATION, UNITED HOMEOWNERS IMPROVEMENT ASSOCIATION.
AND I STAND IN OPPOSITION TO THE ZONING CHANGES OR REQUESTS, UH, BY THE PROPERTY OWNER, UH, FOR THE SIMPLE REASON.
UM, THE HOMES ON THE OTHER SIDE OF THE PROPERTY HAVE DEALT WITH, YOU KNOW, NOISE ISSUES.
I THINK, UH, THERE WAS ONE TIME I THINK THE DOGS THAT ARE THERE ON THE PROPERTY FOR SECURITY GOT OUT.
UM, IT'S JUST THAT, AS MR. VICK SAID, WE JUST LIKE TO OUR, OUR AREA TO BE A RESIDENTIAL AREA.
AND IT JUST SEEMS LIKE ANYTHING AND EVERYTHING.
I REMEMBER THE FIRST, UM, TIME WHEN I SAW SOME DEVELOPMENT ON THAT PROPERTY.
IT WAS A RESIDENCE, IT WAS A HOUSE.
I SAID, OH, SOMEONE'S BUILDING A HOUSE.
AND THEN THE NEXT THING I KNOW THAT, YOU KNOW, WAS THEIRS, WHAT YOU PASS BY AS YOU'RE HEADED TO THE, THE PARK PASS BACARDI INTO THE PARK.
AND IT'S JUST NOT A, A GOOD LOOK FOR THE NEIGHBORHOOD.
UM, THE ZONING, I MEAN, THE CITY HAS PUT IN, YOU KNOW, ZONING THINGS THAT I THINK ARE APPROPRIATE FOR RESIDENTIAL AREAS.
AND I JUST HOPE THAT YOU WILL TAKE ALL THAT INTO CONSIDERATION AS YOU MAKE YOUR DECISION.
SO, UM, SO THERE'S A, THERE'S A BUNCH OF ITEMS ON THIS LIST HERE AND, UM, AND SO ONE OF THE QUESTIONS, YOU KNOW, SO SOME THINGS ARE PERMITTED BY RIGHT? THAT THIS PERSON'S GONNA BE ABLE TO DO MM-HMM
UM, AND, AND, AND SO PART OF THE DIALOGUE IS, UM, WE HAVE REGARDS TO FENCING MATERIAL, UM, YOU KNOW, IS A FENCING MATERIAL.
FROM Y'ALL'S PERSPECTIVE, UM, BEING THAT IT'S METAL, YOU KNOW, UM, JUST TRYING TO FIGURE OUT WHERE IT IS THAT YOU ARE ON EACH OF THINGS.
WELL, LET ME, I'M TELL YOU THIS, UM, WE'VE HAD A CHANGE IN LEADERSHIP AND MS. ALI REALLY DIDN'T GET INFORMATION ABOUT ALL THIS, YOU KNOW, UNTIL LIKE, I'M GONNA SAY TWO WEEKS AGO OR WHEN WE WERE IN THE MIDST OF DOING A LOT OF, UH, SADLY A LOT OF FUNERALS AND IT BEEN THE LAST MONTH OR SO.
SO IT'S JUST, UH, IT, IT REALLY HAS CAUGHT US, YOU KNOW, OFF GUARD.
YOU KNOW, I DON'T KNOW WHY ANYBODY WOULD WANNA PUT CORRUGATED ANYTHING.
UM, I KNOW THERE'S ONE PROPERTY AND I THINK IT'S AFFILIATED, AND I MAY BE WRONG WITH 30, YOU KNOW THAT 37 41, UH, BELGIUM LANE, AND THEY HAVE PUT THESE SIX FOOT, UH, CORRUGATED, UH, FENCE, UH, AND YOU CAN SEE THAT RIGHT OFF THE 3,400 BLOCK OF BELGIUM LANE.
AND I DON'T THINK THAT'S APPROPRIATE EITHER.
I, MATTER OF FACT, IT'S AGAINST CITY CODE.
WELL, WHILE YOU'RE HERE, UM, YOU DON'T HAVE TO SPEAK ON BEHALF OF THE NEIGHBORS ASSOCIATION, BUT WHAT DO YOU THINK, I MEAN, IS THERE ANYTHING WE JUST WANTED TO HEAR FROM YOU? 'CAUSE WE DON'T GET A LOT OF PEOPLE SIGNING UP TO SPEAK.
I, I KNOW AND, AND BEING A, A GOVERNMENT HISTORY MAJOR AND EDUCATOR FOR 38 YEARS,
BUT IT'S, IT'S JUST HARD, YOU KNOW, FOR A LOT OF PEOPLE TO GET AWAY.
THERE ARE A LOT OF PEOPLE THAT WORK, BUT THOSE OF US THAT ARE RETIRED AND I'M ONE OF THOSE RETIRED PEOPLE, I'M ABLE TO COME DOWN, UH, FOR SOMETHING LIKE THIS IN THE MIDDLE OF THE DAY.
SO CORRUGATED METAL IS NOT SOMETHING YOU'RE A FAN OF? NO.
I MEAN, NO, I JUST WANTED TO ASK SOME.
WE HAVE, WE DO HEAR DIFFERENT NO THINGS FOR DIFFERENT PEOPLE, BUT IT'S CHEAP AND IT'S UGLY.
IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? ALL RIGHT.
IS THERE ANYONE ELSE TIME TO SPEAK? THIS IS, UH, JACQUELINE ALI.
GOOD AFTERNOON CHAIR AND MEMBERS OF THE BOARD.
MY NAME IS JACQUELINE ALI AND I'M PRESIDENT OF THE UNITED HOMEOWNERS IMPROVEMENT ASSOCIATION.
WE'VE BEEN DOWN HERE AS MR. VIX HAS SAID SEVERAL TIMES.
UM, WE REPRESENT THE NEIGHBORHOODS OF WILLOW WOOD.
IT STATES, UH, MEADOWVIEW PARK AND MEADOWVIEW
[00:55:01]
NORTH.WE APPRECIATE THIS OPPORTUNITY REGARDING THIS CASE.
I MYSELF LIVE ON BELGIUM LANE, WHICH IS THE MAIN THOROUGHFARE INTO GET GETTING INTO OUR NEIGHBORHOOD FROM FROST BANK CENTER DRIVE, ALL THE WAY TO THE END.
HEADING INTO, UH, PLEDGE PARK, UHIA SUPPORTS RESPONSIBLE INVESTMENT AND REDEVELOPMENT WITHIN OUR COMMUNITY.
WE RECOGNIZE THAT BUSINESSES ARE IMPORTANT, IMPORTANT PARTNERS IN STRENGTHENING OUR LOCAL ECONOMY.
WE ACTUALLY HAVE SENT OUT, UH, BUSINESS LETTERS TO EVERY BUSINESS IN OUR COMMUNITY, UH, THIS PARTICULAR ONE AND, UH, WAS SENT ONE ALSO.
WE GOT RESPONSES BACK FROM BUSINESSES.
AND, UH, LIKE MR. VICK SAID, IT'D BE NICE IF, YOU KNOW, PEOPLE WOULD, YOU KNOW, COMMUNICATE WITH US.
UH, BECAUSE THIS IS WHAT WE ARE HERE FOR.
UH, HOWEVER, WE ARE CONCERNED ABOUT THE NUMBER AND THE SCOPE OF THE REQUESTED VARIANCES, UH, BY THE APPLICANT.
MANY WHICH EXCEED THE CITY LIMITS AND STANDARDS.
OUR CONCERNS ARE THERE WILL BE A LOSS OF LANDSCAPE BUFFERING NEIGHBORS ON THE BACK END OR REAR END ALONG TUSCANY.
THEY HAVE HAD SEVERAL COMPLAINTS BECAUSE THEY GET MOST OF THE NOISE.
AND, UH, TO LOSE SOME OF THAT OR GET THEM CLOSER TO THEIR PROPERTY HAS BEEN AN ISSUE.
AND AS YOU ALL I KNOW, YOU DON'T HAVE THOSE OPPOSITION NOTICES, BUT THOSE WERE SOME OF THE COMPLAINTS.
WHEN YOU DO GET THOSE, AND I APOLOGIZE BECAUSE THAT WAS ON ME, AND GETTING THOSE TURNED IN LATE.
IN ADDITION, UM, REDUCING THAT SEPARATION BETWEEN THE PROPERTIES, THAT'S A CONCERN ALSO.
AND THEN THE INCREASED VISIBILITY OF INDUSTRIAL ACTIVITY, UH, THE CLOSER THEY GET TO THE REAR AND THE SITES OF THE UM, UH, PROPERTIES, THEN YOU GET A CHANCE TO SEE ALL THE INDUSTRIAL ACTIVITY.
AND THAT'S ONE THING THAT WE'VE BEEN KIND OF FIGHTING AGAINST THROUGHOUT THE YEARS WHEN WE DID THE LARGE AREA REZONING, POTENTIAL TRAFFIC IMPACT.
HOW WOULD THAT IMPACT TRAFFIC COMING IN IF THEY WANTING TO SHORTEN THEIR, THEIR DRIVEWAY? AND IS THERE GOING TO BE TRAFFIC, UH, HEADING FROM THE STREET OF BELGIUM INTO THE PROPERTY? PEDESTRIANS CROSS THERE ON THE SIDEWALK, SO WE WANNA MAKE SURE THOSE APARTMENTS ACROSS THE STREET HAVE A LOT OF THE KIDS THAT HAVE THE CROSS THERE AND THE SCHOOL IS RIGHT UP THE STREET.
SO ALL OF THESE WE ARE WANTING TO TAKE INTO CONSIDERATION.
ALSO, JUST THE MERE FACT, THE COMMUNITY APPEARANCE.
I DON'T KNOW IF YOU'VE EVER BEEN IN OUR NEIGHBORHOOD, BUT IT'S A NEIGHBORHOOD THAT IS OVER 60 YEARS OLD.
IT'S A BEAUTIFUL NEIGHBORHOOD, MAN.
I'D LIKE TO GO AHEAD AND GIVE SOME MORE TIME.
I WELL WE HAD THE ALARM GO OFF, SO I JUST WANNA SURE.
UH, THE COMMUNITY APPEARANCE IS VERY IMPORTANT TO US AND THAT'S WHY WE TRY TO WORK WITH THE BUSINESSES, THOSE THAT ARE TO THE SOUTH OF BELGIUM.
WE TRY TO WORK WITH THEM IN THAT WE MAINTAIN THE UPKEEP.
WE HAVE A BEAUTIFICATION PROJECT GOING ON NOW AND WE ARE ENCOURAGING THE BUSINESSES TO WORK WITH US ON THIS HERE.
AND WE HAVE A GOOD RELATIONSHIP WITH MOST OF THEM.
AND THEN THE LONG TERM COMPATIBILITY WITH THE SURROUNDING NEIGHBORHOODS, INCLUDING THE ONES THAT ACROSS GAMBLING AND SO FORTH.
SO AGAIN, WE'RE NOT OPPOSED TO REDEVELOPMENT, BUT WE SUPPORT STANDARDS THAT HELP PROVIDE SEPARATION BETWEEN PROPERTIES, IMPROVE SAFETY, REDUCE VISUAL, UH, IMPACTS, CONTROL THE NOISE AND THE DUST, AND PROMOTE COMPATIBILITY WITH SURROUNDING NEIGHBORHOODS.
WHILE EACH REQUEST SHOULD BE, UH, EVALUATED INDIVIDUALLY, AND I'M REFERRING TO THE VARIANCES THAT HE'S, UH, REQUESTING, WE RESPECTFULLY ASK THE BOARD TO ALSO CONSIDER THE CU CUMULATIVE EFFECT THAT THIS WILL HAVE ON OUR NEIGHBORHOOD.
AND SO WE'RE ASKING YOU TO DETERMINE WHETHER EACH OF THESE VARIANCES WILL SATISFY THE LEGAL STANDARDS UNDER THE UN, UH, DC OR UDC AND WHETHER OR NOT REASONABLE ALTERNATIVES COULD ACCOMPLISH THE APPLICANT'S GOALS WHILE BETTER PROTECTING OUR NEIGHBORHOODS.
SO AT THIS TIME, WE ASK THAT YOU CONSIDER EACH OF THOSE, UH, VARIANCES AND WE WANT TO THANK YOU FOR YOUR TIME AND YOUR THOUGHTFUL CONSIDERATION.
UH, AND THIS IF, IS THERE ANYONE ELSE? NO, NO MORE.
WE'RE GONNA HAVE THE APPLICANT COME BACK UP AND OFFER A REBUTTAL, UH, BEFORE THAT HAPPENS.
I JUST NOTICED ACROSS THE STREET FOR ON BELGIUM, IT LOOKS LIKE THERE WAS A, UH, RIGHT OF WAY, UH, CONVEYANCE DID THIS DOES IS BELGIUM ROAD.
I'M JUST LOOKING AT ONE OF THE IMAGERIES.
IT LOOKS LIKE A THIN STRIP THAT LOOKS LIKE THE CITY HAD ACQUIRED RIGHT OF WAY.
IS BELGIUM ROAD AN ARTERIAL OR A COLLECTOR? DO YOU HAPPEN TO KNOW? OKAY.
[01:00:01]
THE REASON WHY I ASK IS SO A LOCAL ROAD, GO AHEAD.IT LOOKS KIND OF WIDE UNLESS IT'S A LOCAL SEA.
BUT, UM, I'M JUST CURIOUS, UM, WHEN THIS, WHEN THIS DOES GO THROUGH PERMITTING, WHATEVER HAPPENS TODAY, ARE THEY GONNA BE ABLE TO KEEP BOTH DRIVEWAYS? 'CAUSE WE HAD ONE ISSUE COME UP ABOUT, UH, DRIVEWAY THROAT, AND I DIDN'T KNOW IF THAT WAS SOMETHING THAT WAS, UH, ON THE TABLE HERE DURING THE PERMIT REVIEW.
NOT THE AMOUNT OF DRIVEWAYS, IT'S JUST THE, UH, THE WIDTH OF IT.
YEAH, I WAS JUST CURIOUS 'CAUSE I'M, I'M JUST LOOKING AT THE STREET AND IF IT WAS A COLLECTOR, I DIDN'T KNOW IF THERE WOULD BE A LIMIT OF ONE DRIVEWAY DURING THE PERMIT REVIEW.
UH, JUST BECAUSE THERE'S SO MUCH SITE WORK ASSOCIATED WITH IT, SO I DIDN'T, I WAS JUST CURIOUS HOW THAT THE TRAFFIC DID REVIEW THE, UH, DRIVEWAYS.
AND THAT'S THE ONLY ISSUE THAT THEY GAVE US, MAN.
SO IS THE DRIVEWAY ALLOWED IN A BUFFER, UH, BUFFER SPACE? YES.
YEAH, JUST NOT DRIVEWAYS, NOT LIKE DRIVES OR, YEAH, IF Y'ALL WANNA LOOK AT THE, UH, AT THE, UH, PRESENTATION AND IF YOU GO, IF YOU GO BACK, UH, OR, OR I'M SORRY, THE ATTACHMENTS, UM, THAT'S AVAILABLE ON THE, ON THE WEBSITE.
UH, WHAT YOU'LL SEE IS THAT IT, THERE'S A LITTLE PIECE OF PROPERTY THAT LOOKS LIKE IT WAS TA THAT WAS A CONVEYANCE TO THE CITY.
IT'S, IT'S ON THE ATTACHMENT THAT'S AVAILABLE ONLINE.
I DIDN'T SEE IT ON THE POWERPOINT, BUT, UM, YEAH, RIGHT THERE.
SO THE LARGE TRUCK ACROSS THE STREET, YOU SEE HOW THERE'S A THIN STRIP ALONG BELGIUM THAT KIND OF MAKE, THAT KIND OF MAKES THE RIGHT OF WAY WIDER.
THAT'S WHAT I WAS JUST WONDERING IF, IF, IF THAT PART OF BELGIUM WAS IN, IN INTENT TO BE A, A COLLECTOR OR A LOCAL SEA.
IT'S NOT, IT'S, IF TRAFFIC'S LOOKED AT IT, THAT'S FINE.
DOES THAT THE APPLICANT COME FORWARD? SO WE'VE HEARD, UH, FROM YOUR NEIGHBORS, UH, AND YOU'VE HEARD QUESTIONS FROM THE COMMISSION AND WE OFFER YOU A TIME, UH, TO PROVIDE ANY SORT OF REBUTTAL OR, UH, ANY OTHER THOUGHTS BEFORE WE MOVE TO A MOTION? DEFINITELY.
UH, HOPEFULLY WE'RE NOT GETTING BLAMED FOR THE EXCESSIVE NOISE THAT IS ACROSS THE STREET AND, UH, WE'RE CONSTRUCTION WORKERS AND UH, WE KNOW WE START WORKING AT SIX IN THE MORNING, BUT MOST OF THE TIME BY FIVE SIX, MOST OF THE PEOPLE WANTS TO GO HOME.
BUT I, I KNOW, I UNDERSTAND THEIR CONCERN AND, UH, LIKE I SAID, WE ARE HERE TO TRY TO COMPLY AND MAKE MY CLIENT COMPLY.
IF THERE'S, WE, WE NEED TO CHANGE IT TO WOOD FANS, I WOULD, UH, WE, WE, WE NEED TO DO THAT.
AND, UH, UH, THE BUFFERS I GUESS IF, UH, IT'S NOT APPROVED, WE JUST NEED TO COMPLY WITH THE NEW REGULATIONS AND OF, OF A C TWO, WHICH PROBABLY WE JUST NEED TO MOVE THE STRUCTURES A LITTLE BIT IN OR, UH, BUT WE WILLING TO WORK WITH, UH, OUR NEIGHBORS AND, AND, AND, AND YOUR, UH, YOUR OPINIONS.
I MEAN, THEY'RE MORE THAN WELCOME AND WE CAN, UH, BRING THOSE TWO.
AND REAL QUICK, UH, COMMISSIONER DEAN KE TURN YOUR CAMERA BACK ON PLEASE.
WHILE WE'RE WAITING FOR THAT AND A A QUESTION ABOUT THE, UM, UH, THE FENCE IN THE FRONT, UM, FOR YOU, UH, YOU'RE ASKING FOR A HEIGHT INCREASE ALONG THE FRONTAGE? PROBABLY ON THE BACK.
I MEAN, FOR THE PRIVACY OF THE FRONT, IT'S, I THEY HAVE A CONCERN.
I GUESS WE CAN JUST DO AN OPEN, UH, JUST A REGULAR IRON.
IT'S, SO WHAT I'M CURIOUS ABOUT, SO THIS BOARD HAS THE ABILITY TO LOOK AT YOUR REQUESTS AND TO, TO GRANT WHAT YOU'RE ASKING OR NOT GRANT OR SOMEWHERE IN BETWEEN.
AND SO YOU'RE AT THE, ALONG THE FRONTAGE, YOU'RE ASKING FOR A, UH, A SIX AND A HALF FOOT TALL, SOLID FENCE.
UM, IS THERE ANYTHING ABOUT A SIX AND A HALF FOOT TO FOOT, FOOT TALL SOLID FENCE THAT YOU CAN WIGGLE ON IT, COULD IT BE A PREDOMINANTLY OPEN AT THIS POINT? IT, IT WE'RE WILLING TO WORK WITH THAT.
UH, THEY HAD IT AT ONE POINT BECAUSE OF, UH, I'M ASSUMING IT'S FOR SECURITY.
THEY WERE BROKEN INTO SEVERAL TIMES AND UH, UH, THE WOOD FENCE WOULDN'T KEEP UP.
THE DOG THEY GOT AND UH, THEY DID METAL AND UH, AND NOW THEY GOT RID OF THE DOG AND COAL COMBINES STARTED COMING IN AND SO THEY CLEAR ALL THAT OUT.
BUT IF WE NEED TO PUT IT BACK TO WOOD, I MEAN, THAT'S WHAT WE CAN, YES.
UM, SO THE APPLICANT IS EXPRESSING TO US A WILLINGNESS TO LISTEN TO THE HOMEOWNERS ASSOCIATION AND THEN HA HAVE YOU REACHED OUT TO THEM? HAVE YOU HAD ANY COMMUNICATION WITH THEM? THAT'S ONE THING.
MY, THE HOMEOWNER'S BEEN THERE FOR A LONG TIME.
I MEAN, THE PROPERTY OWNER HAS BEEN THERE FOR A LONG TIME AND HE KNOWS PEOPLE IN THERE AND HE KNOWS MOST OF THE PEOPLE THAT IS PROBABLY FROM THE BOARD.
AND, UH, WHAT HE TOLD ME, HE HAD SOME, UH, SOME SUPPORT AND THAT HE, HE COULDN'T PICK UP THE LETTERS AND THE HOLIDAY CAME BACK.
DANIEL? DANIEL, UH, WELL, HE, UH, MY, MY CLIENT DANIEL, UH,
[01:05:01]
THAT TALKED TO THE PEOPLE AND, UH, AND HE, HE SAID HE, HE HAS THOSE AND HE ALREADY, UH, I DON'T KNOW WHO HE TALKED TO.IT'S TOUGH WHEN YOU HAVE THE OFFICERS OF THE NEIGHBORS ASSOCIATION AND, AND I THINK, I DON'T KNOW IF HE KNOWS THEM OR NOT, BUT, UH, HE TALKED TO SOME NEIGHBORS AROUND, UH, HIS BUSINESS AND, AND HE HAS SUPPORT.
SO HERE'S, HERE'S WHAT WE'RE GONNA DO.
WE'RE GONNA, THIS COMMISSION'S GONNA ENTERTAIN A MOTION, UH, AT ANY TIME.
UH, THE COMMISSION COULD ALSO ENTERTAIN A CONTINUANCE FOR YOU TO DEAL WITH THE, UH, AND MEET WITH DEFINITELY.
AND COORDINATE WITH THE ASSOCIATION.
IT'S REALLY UP TO A MAJORITY OF THE BOARD MEMBERS.
DEFINITELY WE'RE WILLING TO WORK WITH, UH, BONNI.
I HAD A QUESTION FOR THE APPLICANT.
BEFORE WE DO THAT, UM, WHAT, UH, YOU SAID CONSTRUCTION WORKERS, UH, WORK OUTTA HERE.
IT'S A, A METAL WELDING COMPANY AND, AND ROOFING COMPANY.
SO OF COURSE, THAT'S THE MAIN HUB.
SO THEY FABRICATE THE METAL, RECEIVE METAL, AND TAKE IT TO THE SIDE.
AND IF IT'S FORGING OR, OR, OR WELDING, IT'S DONE THERE AND IT'S TAKEN TO THE SIDE.
SO YOU SAID LIKE ROOFING, STUFF LIKE THAT.
SO, SO ARE THEY FAMILIAR WITH THE PERMIT PROCESS? PERMIT PROCESS OF, UH, BUILDING YEAH, PULLING PERMITS IN GENERAL WHEN THEY, FOR REGULAR BUILDING FOR ROOFS? YEAH, THEY DO.
THEY, THEY, THEY, THEY ONLY DO FOR ROOFING? NO, NOT FOR ANY OTHER THING, BECAUSE WAS, WERE ANY PERMITS PULLED FOR ANY OF THE STRUCTURES ON THIS, THIS PROPERTY? ONLY FOR THE MAIN STRUCTURE.
NOT, NOT FOR THE, THE ONE IN THE MIDDLE LANE, NOT FOR THE GOTCHA.
AND THEN THAT EXPIRED, THAT DIDN'T GO THROUGH FINAL OR ANYTHING AT THE, AT THIS POINT WHEN I TOOK OVER, UH, I STARTED WORKING ON THAT AND CLOSED MOST OF 'EM OUT.
AND I GOT A, A TEMPORARY CERTIFICATE ON, UH, WE PASSED ALL THE, UH, ALL THE INSPECTIONS, BUT THE ELECTRICAL DUE TO THE, UH, UH, ADDITIONAL BUILDINGS.
SO WE HAD TO, UH, UPGRADE THE, UH, THE METER LOOP.
SO WE STILL, WE WORKING ON THAT.
THAT, THAT'S MY BIGGEST THING IS, YOU KNOW, YOU SAY CON THESE ARE CONSTRUCTION WORKERS THAT WORK OUT HERE, WHETHER THEY'RE ROOFING OR FABRICATORS, THEY HAVE TO, THEY'RE FABRICATORS, SOME KIND OF PERMIT PERMITTING PROCESS.
SO WHY WOULDN'T THEY DO IT FOR THEIR OWN PROPERTY? IT'S KIND OF WHAT, WHERE I'M, YEAH.
WHY WOULDN'T THEY DO IT FOR THEIR OWN PROPERTY? SO I I I, I DON'T KNOW.
I MEAN, THEY GET, THEY, THEY GET HIRED TO DO A, A ROOF.
THEY, THEY, THEY FREAK OUT, THEY CUT.
AND I, I UNDERSTAND TRADE PERMITS.
BUT THEY UNDERSTAND WHAT, THAT THERE IS A PERMIT PROCESS THAT THERE'S A, A ONE STOP CENTER FOR THEM TO GO GET PERMITS OR BUILD THIS.
I MEAN, OH, YES, BUT THEY DIDN'T DO IT FOR THEIR OWN BUILDING AND AT THIS.
OKAY, THAT'S ALL I, COMMISSIONER CRUZ, DID YOU HAVE A QUESTION? UH, NO, SIR.
SO I'M GONNA PUT SOMETHING OUT THERE FOR THE COMMISSION TO THINK ABOUT AFTER HEARING FROM THE COMMUNITY AND, AND, AND REVIEWING THIS CASE.
UM, PERSONALLY, I THINK THE CHANGE OF ZONING WAS A GIFT TO THEM.
UH, PREVIOUSLY THEY HAD HUGE SETBACKS, HUGE LANDSCAPE BUFFERS THAT WERE VASTLY REDUCED BY IT BECOMING C TWO.
SO I'M NOT GONNA BE IN SUPPORT OF ANY SORT OF BUFFER OR SETBACK ISSUE DEALING WITH THIS PROPERTY.
WHAT I WOULD BE IN SUPPORT OF IS THE, UH, THE THROAT ON THE DRIVEWAY.
UM, AND THEN I WOULD ALSO BE IN SUPPORT OF THE FRONT FENCE BEING, UH, UP TO SIX FEET TALL IF IT WAS PREDOMINANTLY OPEN ONLY.
UH, SO I'M JUST PUTTING THAT OUT THERE.
I DON'T KNOW WHAT ANYONE ELSE THINKS ABOUT THAT, BUT THAT'S WHAT I WOULD SUPPORT TODAY.
UM, LOVE TO HEAR FROM OTHER PEOPLE.
UM, AND, AND SO THE, YES, I CONCUR WITH THAT POSITION.
IS THERE ANYONE ELSE THAT, UH, WOULD LIKE TO CHIME IN ON THAT? 'CAUSE IF NOBODY MINDS, I'D LIKE TO MAKE A MOTION FOR THAT AND SEE HOW IT FAIRES OUT.
REGARDING CASE, REGARDING CASE NUMBER BO OA DASH 26 DASH OH 3 0 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR, I DON'T THINK ANYTHING ON THIS ONE.
UH, NUMBER FOUR, YEAH, A FIVE FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT THROAT LENGTH TO ALLOW A 15 FOOT DRIVEWAY THROAT LENGTH, UH, SITUATED AT 37 51 BELGIUM LANE.
APPLICANT BEING, UH, RENEE MORALES, BECAUSE THE TESTIMONY PRESENTED US, AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH AS A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODES AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THAT VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE, IT WOULD BE, UM, IN THIS, IN THIS CASE, THERE'S ADEQUATE THROAT LENGTH PROVIDED FOR CUSTOMERS ENTERING AND EXITING THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE OR OF THE ORDINANCE
[01:10:02]
WOULD, UM, NE WOULD NECESSITATE, UH, THE ALTERATION OF THE DRIVEWAY THROAT LENGTH OF THE PROPERTY, WHICH MAY PROVE DIFFICULT IN DEVELOPMENT.NUMBER THREE, BY GRADING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WOULD BE DONE.
UH, SUCH VARIANCE WOULD BE IN THE SPIRIT OF THE ORDINANCE, SPECIFICALLY THE THROAT LENGTH, UH, WHICH WOULD STILL ALLOW THE PROPERTY TO OPERATE WITHOUT IMPACTING THE SURROUNDING AREA.
NUMBER FOUR, THE VARIANCE ON UN AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO OTHER USES, UH, OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE SHALL NOT SUBSTANTIALLY INJURE.
THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ARE ALL TO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
UH, IF GRANTED, WOULD THE VARI THE VARIANCE WOULD NOT SIGNIFICANTLY IMPACT ADJACENT PROPERTIES OR ALTER THE SURROUNDING NEIGHBORHOOD CHARACTER.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT.
P THE OWNERS DO THE UNIQUE CIRCUMSTANCES OF THE SIZE AND LOCATION OF SUBJECT PROPERTY AS IT RELATES TO THE EXISTING USE.
UH, I'M IN SUPPORT, UH, AS READ, UH, LIMITING IT TO ONLY, UH, THE THROAT LENGTH QUESTION.
COMMISSIONER BRAMAN, REGARDING THE SIX FOOT PREDOMINANTLY OPEN FENCE IN THE FRONT.
UH, THAT'S A, UH, THAT'D BE THE, THE SECOND.
ANYONE ELSE LIKE TO ADD? LET HAVE ROLL CALL VOTE CHAIR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER CRUZ, WE NEED YOUR CAMERA ON, PLEASE.
LET'S GO BACK TO HER COMMISSIONER GOMEZ.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
ALRIGHT, IT'S A, IT'S 10, UH, TO ZERO.
WE CAN COUNT COMMISSIONER CRUZ AS AN ABSTENTION SINCE IT DOESN'T AFFECT THE OUTCOME.
UH, NEXT ITEM IS GONNA BE THE MOTION REGARDING THE, UH, HEIGHT EXCEPTION.
UH, REGARDING CASE NUMBER BO EIGHT DASH 26 DASH OH 3 0 0 14.
I MOVE THAT THE BOARD OF ADJUSTMENT GROUND REQUEST FOR A THREE FOOT SIX FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWED, I'M SORRY, A ONE FOOT SIX HEIGHT FENCE HEIGHT, SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWED FIVE FOOT, UH, FRONT YARD, PREDOMINANTLY OPEN FENCE REQUIREMENT TO ALLOW A SIX FOOT SIX SIX FOOT, SIX INCH, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD, SITUATED AT 37 51 BELGIUM LANE.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACT OF THIS PROPERTY, SUCH AS A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED, RESULTED IN AN UNNECESSARY HARDSHIP ALLY.
WE FIND THAT A IS SPECIAL EXCEPTION WILL BE HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER IN THIS CASE.
A SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE CHAPTER AS SPACE LIMITATIONS AND CONFIGURATION OF THE PROPERTY PRESENT A CHALLENGE IN LOCATING THE FENCE AND WHAT WILL BE CONSIDERED THE FRONT YARD.
B, THE PUBLIC WELFARE CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE FENCE HEIGHT INCREASE WILL STILL PROMOTE THE PUBLIC WELFARE AS A COMMUNITY, AS THE FENCE HEIGHT REQUESTED WOULD PROTECT THE PROPERTY OWNER, UM, BEING PREDOMINANTLY OPEN WHILE STILL PROMOTING A SENSE OF COMMUNITY C, THE NEIGHBORING PROPERTY, WHICH SHOULD NOT SUBSTANTIALLY BE INJURED BY SUCH PROPOSED USE.
THE PROPOSED INCREASE IN FENCE HEIGHT FOR A PREDOMINANTLY OPEN FENCE FOR THE FRONT YARD WOULD NOT STRAY SIGNIFICANTLY FROM THE STANDARD CHARACTERISTIC OF THE NEIGHBORHOOD AND SURROUNDING PROPERTIES.
D THE SPECIAL EXCEPTION ON ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND, AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE PROPOSED INCREASE OF THE, OF THE FRONT FENCE HEIGHT IS MODEST AND NOT A TOTAL DEPARTURE FROM THE AESTHETICS OF THE SURROUNDING AREA AND CHARACTER OF THE NEIGHBORHOOD.
E THE SPECIAL EXCEPTION, NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OF REGULATIONS HERE, HERE IN ESTABLISHED FOR THE SPECIAL DISTRICT.
THE GENERAL PURPOSE OF THE DISTRICT REGULATIONS IS TO PROTECT THE NEIGHBORHOOD CHARACTER, PROMOTE SAFE SAFETY, AND ENSURE, UH, CONSISTENT DEVELOPMENT PATTERNS, ALLOWING A MODEST INCREASE IN FENCE FENCE SITE IN THIS UNIQUE LOCATIONS AND NOT UNDERMINE THESE GOALS.
THAT IS BASED ON SITE SPECIFIC CONDITIONS THAT DO NOT APPLY TO MOST LOTS.
AND I WANTED TO CLARIFY THAT THIS MOTION IS
[01:15:01]
FOR THE, UM, FRONT YARD FENCE ONLY.I KNOW IT, IT, IT, IT, IT MENTIONED SIDE IN THE, UH, FINDINGS, BUT IT'S FOR FRONT YARD ONLY.
SECOND BY COMMISSIONER BRAGMAN.
UH, I'M BEING IN SUPPORT AS READ FOR PREDOMINANTLY OPEN FENCE ONLY ALONG THE STREET.
COMMISSIONER BRAGMAN, I CONCUR WITH MY COLLEAGUE.
ANYONES LIKE TO ADD MANANA COMMISSIONER MANNA.
SO, AS READ, UM, STREETSCAPE VERSUS FRONT YARD, IS THERE A DIFFERENCE BETWEEN THOSE TWO? SO THERE'S A STRUCTURE, SO I'M JUST, AND SO IS A FRONT YARD.
SO IS THIS, UH, I, MY INTENT WAS TO BE ALONG BELGIUM AND, UH, BECAUSE THEY CAN DO A SIX FOOT PRIVACY FENCE DOWN THE SIDES.
CAN, CAN THEY NOT ONLY TO THE FRONT OF THE, UH, OH, THE S PRIMARY STRUCTURE.
SO WHILE WE'RE DELIBERATING, NOT DELIBERATING, BUT WHILE WE'RE DISCUSSING THIS, UM, DOES ANYBODY, IS ANYBODY OPPOSED TO IT BEING PREDOMINANTLY OPEN IN THE FRONT YARD OR SHOULD I JUST RESTRICT IT TO A LONG BELGIUM STREET? WHAT DO YOU THINK, MATT? I WOULDN'T MIND ASKING THE COMMUNITY FOR THEIR PERSPECTIVE HERE, BECAUSE YOU KNOW, THAT'S, THAT, YOU KNOW, THEY'VE TALKED A WHOLE LOT WITH REGARDS TO GOTCHA.
I'M GONNA REOPEN THE PUBLIC HEARING.
I'D LIKE ONE MEMBER OF THE COMMUNITY WHO WOULD LIKE TO, UH, APPROACH THE PODIUM.
UH, STATE YOUR NAME PLEASE FOR THE RECORD.
SO WHAT WE'RE TALKING ABOUT IS, UM, A PREDOMINANTLY OPEN FENCE.
A PREDOMINANTLY OPEN FENCE IS ALLOWED TO BE FIVE FEET TALL.
WE'RE OFFERING A VARIANCE UP TO SIX FOOT, SIX INCHES TALL.
BUT THE ISSUE IS, IS THAT, WOULD, WOULD YOU, DO YOU, UH, FEEL AS REPRESENTED THE COMMUNITY? UH, WOULD IT BE ACROSS JUST THE STREET? BECAUSE THE FRONT ALSO RUNS DOWN THE SIDES UP TO THE FRONT FACADE OF THE, OF THE BUILDING.
SO WOULD, OR WOULD YOU BE OPPOSED, UH, TO HAVING IT BE PREDOMINANTLY OPEN UP TO THE FRONT FACADE OF THE BUILDING? YEAH, LET'S DO THAT.
IF STAFF COULD USE A LASER POINTER, PERHAPS, OR, YEAH.
LET'S, SO WE'RE LOOKING AT WHERE THE NUMBER SIX IS.
IT GOES ACROSS THE FRONT AND THEN UP THE SIDE A LITTLE BIT JUST TO THE FRONT FACADE OF THAT CENTER BUILDING.
DO YOU THINK IT WOULD BE A BIG DEAL FOR IT TO BE PREDOMINANTLY OPEN? UH, SIX FOOT, SIX INCHES TALL, UP TO, IT'S ABOUT 30% UP.
AND WHAT IS THE MATERIAL PREDOMINANTLY OPEN MEANS THAT IT HAS TO BE AT LEAST 70% OPEN LOT IRON.
IT, IT COULD BE WROUGHT IRON, THEORETICALLY IT COULD BE CHAIN LINK.
UH, BUT IT WOULD HAVE TO BE AT LEAST 70% OPEN.
AND IT WOULD BE, HAVE TO BE A MATERIAL THAT IS PERMITTED BY THE CITY.
THEY COULD NOT USE WELL, CORRUGATED METAL WITH A BUNCH OF HOLES IN.
SOMETHING PERMIT PERMITTED BY THE CITY.
WE JUST WANT TO HEAR THOUGHTS.
SO, UH, JUST TO BE CLEAR, MY MOTION IS, UH, SIX FOOT, SIX INCHES, PREDOMINANTLY OPEN IN THE FRONT YARD.
PREDOMINANTLY OPEN IN THE FRONT YARD.
ALRIGHT, ANYONE ELSE LIKE TO ADD TO THE, UH, COMMENTARY? WE'RE BACK IN A, IN CLOSING, IN THE CLOSED SESSION HERE.
IF THERE'S NOTHING ELSE, I HAVE A ROLL CALL.
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 CRUZ? YES, I CONCUR.
COMMISSIONER NANA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
UH, DID WE HEAR FROM COMMISSIONER CRUZ? YES.
OKAY, I JUST WANTED TO MAKE SURE.
FOR THE APPLICANT, IF YOU STILL, IF YOU HAVE ANY QUESTIONS, YOU CAN GET WITH STAFF ABOUT WHAT JUST HAPPENED.
YOUR PLANNER WITH THE CITY OF SAN ANTONIO.
[01:20:01]
UH, ITEM FOUR IS BO A DASH 26 DASH 0 3 0 1 1 6.THE APPLICANT BEING MARY CYNTHIA TINO AND DISTRICT FIVE AT 1223 WEST THEO AVENUE.
THIS IS A REQUEST FOR ONE A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT WITH A SIX INCH WEST SIDE SETBACK.
A SEVEN FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY.
CLEAR VISION TO ALLOW AN EIGHT FOOT DRIVEWAY, CLEAR VISION AREA FOR TWO DRIVEWAYS.
AND THREE, UH, ONE FOOT, TWO INCH SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWABLE FIVE FOOT.
PREDOMINANTLY OPEN FRONT YARD FENCE TO ALLOW A SIX FOOT TWO INCH, PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
UH, THE SUBJECT PROPERTY IS LOCATED, UH, WEST OF THE INTERSECTION OF WEST THEO AVENUE AND NODO STREET, SURROUNDED BY LOTS ZONED R FIVE CODE ENFORCEMENT'S INVESTIGATION OF THE SUBJECT PROPERTY IN RESPONSE TO A CITIZEN REPORT, FOUND FENCE RECENTLY CONSTRUCTED WITHOUT A PERMIT TALLER THAN THE MAXIMUM ALLOWABLE HEIGHT, AND WITHIN THE MINIMUM REQUIRED DRIVEWAY, CLEAR VISION AREA OF THE SUBJECT PROPERTIES DRIVEWAY AND THE DRIVEWAY OF THE ADJACENT PROPERTY, UH, TO THE EAST GOOGLE STREET VIEW IMAGERY INDICATES THE EXISTING CARPORT WAS BUILT WITHIN THE SET SIDE SETBACK SOMETIME AFTER 2017, BUT STAFF COULD NOT LOCATE A PERMIT FOR ITS CONSTRUCTION.
UH, THE PROPERTY OWNER WAS DIRECTED TO OBTAIN PERMITS FOR THE FENCE AND THE CARPORT, BUT FIRST MUST OBTAIN VARIANCES FOR THE FENCE HEIGHT, UH, AND TO ADDRESS THE SETBACK AND CLEAR VISION ISSUES SHOWN HERE IS A SITE PLAN, UH, SHOWING THAT FRONT YARD FENCE PROPOSED.
THE TWO DRIVEWAY CLEAR VISION AREAS SHOWN BY NUMBER TWO, AN ORANGE THERE.
AND THE, UH, SIDE SETBACK FOR THAT CARPORT RUNNING ALONG THE SIDE OF THE HOME.
AND SHOWN HERE IS THE SUBJECT PROPERTY SHOWING THE FRONT YARD FENCE AND THE CARPORT THERE TO THE LEFT.
BETTER LOOK AT THE CARPORT THERE AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE CARPORT, SETBACK, AND DRIVEWAY CLEAR VISION VARIANCES.
STAFF RECOMMENDS DENIAL FOR THE FOLLOWING FINDINGS OF FACT.
ONE, THE CARPORT IS SITUATED WITHOUT ADEQUATE SPACE TO MAINTAIN THE WESTERN ROOF LINE OF THE CARPORT WITHOUT ACCESSING ADJACENT PROPERTY.
AND TWO, THERE IS INSUFFICIENT SEPARATION BETWEEN THE STREET AND THIS OPEN FENCE TO ALLOW MOTORIST TO VIEW AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY.
STAFF RECOMMENDATION FOR THE FENCE HEIGHT SPECIAL, EXCEPT STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE INCREASED FENCE HEIGHT WOULD LIMIT VISIBILITY ACROSS THE FRONT YARD OF THE PROPERTY, THEREBY DETRACTING FROM THE SENSE OF COMMUNITY THAT IS TYPICAL OF A SINGLE FAMILY RESIDENTIAL NEIGHBORHOOD.
AND TWO, NO SIMILAR FENCES WERE OBSERVED WITHIN THE IMMEDIATE SURROUNDING AREA.
ONE, UH, ZERO IN OPPOSITION, ONE NEUTRAL, UH, NO VOICEMAILS AND THE PALM HEIGHTS NEIGHBORHOOD ASSOCIATION DID NOT RESPOND.
THIS CONCLUDES STAFF'S PRESENTATION.
UH, THIS, WE, WE, I DON'T THINK I'VE SEEN A DRIVEWAY ON SOMEONE ELSE'S PROPERTY THAT'S PART OF AN APPLICATION.
DID WERE, DID THEY ENJOIN IN THE APPLICATION? NO, IT'S NOT ENJOINED IN THIS PARTICULAR APPLICATION, BUT IT IS PROHIBITED FOR A FENCE TO BE PLACED WITHIN CLEAR VISION AREA.
AND THE SECOND QUESTION IS, IS THAT, UH, FOR THE SIX FOOT TWO HEIGHT, I NOTICED THAT THERE'S A SLIGHT RETAINING, UH, WALL THAT OCCURRED THAT ON THE BACK OF THE SIDEWALK THAT GROWS MAYBE UP TO A FOOT TALL, UH, AND THEREABOUTS, UH, THE RETAINING WALL IS NOT INCLUDED IN THAT MEASUREMENT.
AND DID THE SIX FOOT TWO, IS THAT FOR POSTS OR IS THAT FOR A GATE, OR IS THAT FOR MOST OF THE ACTUAL FENCE? THAT SHOULD BE MOST OF THE FENCE.
IF I PULLED THIS PICTURE HERE, IT'S TO THE TALLEST PORTION, WHICH I THINK ARE THOSE POSTS THAT, YEAH, NOT MUCH TALLER THOUGH.
ANY QUESTIONS FROM THE COMMISSION TO STAFF? ALL RIGHT, THANK YOU.
LET'S HAVE THE APPLICANT COME FORWARD.
TELL US YOUR NAME AND TELL US ABOUT YOUR PROJECT.
OH, MY NAME'S MARY C. TREVINO AND, UH, THIS IS RENEE RUIZ.
WE BOTH RESIDE AT 1 2 2 3 WEST CO SINCE 1999.
UM, BEFORE THAT, I AM FROM THE NEIGHBORHOOD.
I'VE BEEN IN PALM HEIGHTS, UM, RECENTLY.
WE, UH, WE, WELL, WE'VE RESCUED, UH, A LABRADOR.
AND, UM, SHE, AFTER WE HAD, WE GOT HER OFF THE STREET BECAUSE WE HAVE A PROBLEM WITH A LOT OF STRAYS IN THE NEIGHBORHOOD.
SO WE RESCUED HER BECAUSE SHE WAS HURT.
UM, WE TOOK HER TO THE VETERINARIAN.
SHE HAD A BROKEN LEG, AND BECAUSE SHE WAS HIT BY A CAR, SHE HAD SEVERAL PELLETS IN HER BODY FROM SOMEONE SHOOTING HER LEAD GUN.
SO WE TOOK HER IN, WE DID THE, WE PAID FOR ALL THE MEDICAL EXPENSES TO GET HER HEALED AND THEN TO FIND OUT SHE WAS PREGNANT.
SO SHE ENDED UP DELIVERING 13 LABS.
SO WE HOMED AS MANY AS WE COULD, AS MANY AS WE COULD.
AND WE ENDED UP WITH HER AND BY BABIES.
WE, WE VACCINATED THEM, WE DID OUR NEUTER S SPADE.
WE DID EVERYTHING WE COULD AND CHIPPING.
AND THEN THE MOTHER WHO WAS THE STRAY, SHE STARTED GETTING OUT.
[01:25:01]
ONCE SHE STARTED CLIMBING THE FENCE, THEN HER BABIES FOLLOWED.SO WE WERE DOING THIS WEEKS IN AT FOUR O'CLOCK IN THE MORNING TRYING TO GET HER BACK IN.
AND WE HAD TO DO SOMETHING REALLY QUICK.
SO THAT'S WHAT HAPPENED IS I, I ENDED UP ASKING, YOU KNOW, FOR A FENCE TO BLOCK THEM IN SO THEY COULDN'T GET OUT, SOMETHING THEY COULDN'T CLIMB.
AND WHEN THEY STAND, I MEAN, THEY'RE FACE, THEY'RE PRETTY MUCH TALL ENOUGH THAT WE'RE FACE TO FACE.
THEY'RE TALL DOGS AND THEY CLIMB MI PEON TREES, SO THEY ARE CLIMBERS.
AND SO WHEN WE PUT THE FENCE IN, IT WAS MY FAULT.
I DIDN'T REALIZE THAT I NEEDED A PERMIT IN MY NEIGHBORHOOD, BECAUSE WE HAVE, MAYBE NOT ON MY IMMEDIATE BLOCK, BUT WE HAVE SEVERAL PEOPLE IN PALM HEIGHTS AND FURTHER DOWN WHO HAVE THE SAME TYPE OF FENCING.
IT'S EITHER IRON FENCING OR IT'S JAMIE ALL IN THE SAME AREA.
ALL EVERYBODY IS PRETTY MUCH THE SAME.
SO I DIDN'T KNOW I WAS DOING ANYTHING WRONG.
SO, UH, WHEN I FOUND OUT, THAT'S WHEN I SAID WE BETTER DO SOMETHING ABOUT IT, BECAUSE I, I DIDN'T REALIZE I NEEDED A PERMIT.
UM, AND THEN, YOU KNOW, IT JUST, I GOT REALLY NERVOUS BECAUSE I'VE NEVER DONE THIS BEFORE.
SO I JUST WANTED, ALL I WAS TRYING TO DO WAS PROTECT MY ANIMALS, UM, PROTECT THE PUBLIC.
I LIVE ON A, A, A REALLY BUSY STREET.
I, THERE'S LOTS OF PEDESTRIAN TRAFFIC BECAUSE WE HAVE PALM HEIGHTS PARK RIGHT DOWN THE STREET.
SO I WAS WORRIED THAT WITH MY DOGS GETTING OUT, EVEN THOUGH THEY'RE, THEY ARE FRIENDLY, BUT A DOG'S DEFENSE IS TO BITE.
AND I WAS WORRIED IF THEY FIT SOMEONE, I DON'T WANNA GO TO JAIL, I DON'T WANNA PUT THEM DOWN.
I'M, I WAS JUST TRYING TO DO WHAT I THOUGHT WAS BEST TO PROTECT THEM MYSELF, MY LIABILITY AND THE NEIGHBORHOOD.
AND I GOT, I MEAN, AFTER I DID IT, I, MY NEIGHBORS, I GOT COMPLIMENTS FROM THEM.
NO ONE, THERE WASN'T ANYONE THAT REALLY WAS UPSET WITH, WITH WHAT I HAD DONE.
AND THE NEIGHBOR THAT LIVES NEXT TO ME, RIGHT NEXT TO ME, WHERE THAT CARPORT IS, HE'S A TRUCK DRIVER.
SO WHEN YOU GUYS MAILED OUT THE LETTER, HE WAS ON THE ROAD.
SO HE DIDN'T COME IN UNTIL SATURDAY, WHICH HE FILLED OUT THE FORM.
BUT WE TRIED TO GET ALL OUR FORMS IN BEFORE THE DUE DATE.
BUT ON FRIDAY, Y'ALL ARE CLOSED.
SO WE WERE ONLY ABLE TO SUBMIT WHAT WE HAD ON THURSDAY.
AND THEN I HAVE HIS, WHICH, WHICH HE SAID, GO AHEAD AND GIVE THAT TO STAFF.
THEY CAN PROJECT THAT UP FOR US.
I HAVE A QUESTION ABOUT YOUR CARPORT.
HOW, HOW, HOW DEEP IS IT? HOW WOULD, UH, THE CARPORT, I, I SIR, IT'S AN ACTUAL, IT'S UH, UH, PLEASE STATE YOUR NAME, SIR.
UM, SO THE CARPORT, I BELIEVE APPROXIMATELY IT'S, UH, 50 FEET LONG.
AND, AND IT'S IN THE BACKYARD.
I MEAN, PREDOMINANTLY IN THE BACKYARD.
THE SLOPES, UH, TO YOUR NEIGHBORS.
ARE THERE GUTTERS? NOT AT THE MOMENT.
UM, YOU KNOW, WHILE YOU'RE UP THERE, YOU ARE MORE THAN WELCOME TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS.
OH, I MEAN, IT, IT, IT, WE'D BE GLAD TO DO IT.
I JUST, I JUST SAID, YOU KNOW WHAT? WE COME AND DO THIS BEFORE WE GOT ANY KIND OF FEEDBACK TO SAY EXACTLY WHAT, WHAT WOULD REMEDY.
WELL, IT'S, IT'S COMPLETELY UP TO YOU.
WE CAN'T PUT CONDITIONS ON ANYTHING.
BUT, UH, IT IS COMMON, UH, FOR US TO HEAR GUTTERS.
UH, IF YOU WOULD LIKE TO AMEND YOUR APPLICATION TO INCLUDE GUTTERS REGARDING THE SIDE OF THE CARPORT, YOU'RE MORE THAN WELCOME TO DO SO AT THIS TIME.
YES, WE WOULD LIKE TO AMEND IT.
SO THE APPLICANT HAS AMENDED THEIR APPLICATION TO INCLUDE GUTTERS ON THE CARPORT.
JUST, JUST TO BE CLEAR, IT IS A THOROUGHFARE.
IT'S A, SO THAT WAY THE, THE VISUAL IMPAIRMENT FOR THE VISION FOR THE PEOPLE THAT ARE BACKING OUTTA THE DRIVEWAY WOULD ONLY BE TO THE PEOPLE TOO.
THAT WOULD BE THE WEST OF US, NOT TO THE EAST OF US.
SO THAT'S JUST, WELL, THE CITY CAME IN AND ADDED THE FOUR FOOT BIKE LANES SOME YEARS BACK.
I THINK THAT WHEN THEY ACTUALLY, IT LOOKS LIKE THEY LOWERED THE STREETS, SO IT ELEVATED US.
AND YOU HAD A VERY, IN AT THEO MALONE, YOU HAD THIS VERY INTERESTING 10 FOOT WIDE BICYCLE THING GOING ON, ON SIDE.
THERE'S YES, THERE'S BIKE LANES ON BOTH SIDES.
THE STREET CAME CLOSER TO OUR PROPERTY.
AND THEN THE RETAINING WALL AS WELL, BECAUSE THEY CAME DOWN.
SO THE, AND JUST TO BE CLEAR, THE PANELS THAT WE BOUGHT FOR INSTALLATION WERE, THEY'RE ACTUALLY LISTED AT 70 INCHES.
THEY'RE NOT, THEY'RE UNDER, THEY'RE UNDER SIX FOOT.
SO THE VARIANCE WE WERE ASKING FOR WAS, YOU KNOW, THE ADDITIONAL 10 INCHES AND NOT, NOT OVER SIX FEET.
THAT'S WHAT WE HAD THAT, AND I HAVE THE, I HAVE HAD THE ACTUAL INVOICE HERE THAT DISCLOSES THE, THE SIZE OF THAT.
WELL, WE HAVE A, WHAT'S BEFORE US TODAY IS
[01:30:01]
FOR A, A ONE FOOT TWO INCH VARIANCE.AND SINCE THE CITY MEASURED IT, I THINK THAT WE SHOULD PROBABLY KEEP THAT.
ANY QUESTIONS FROM THE COMMISSION? NO, MR. MA.
SO, SO REGARDING THE CLEAR VISION, SO, SO, AND LET'S TALK ABOUT, THERE'S TWO DRIVEWAYS AND THE NEIGHBORING DRIVEWAY.
SO, SO WHAT WOULD BE THE, THE RESOLUTION TO, UH, PREVENT OR TO RESOLVE THE CLEAR VISION? WOULD IT BE AN ANGLED VIEW ACROSS THAT CORNER, BASICALLY? YEAH.
DOING THE ANGLED VIEW WHERE YOU'RE KEEPING IT OUT.
I THINK IT'S 15 FEET FROM THE, UH, DRIVEWAY OR PULLING THE FENCE BACK THAT IT'S OUT OF THE FRONT YARD OR REDUCING THE HEIGHT TO THREE FEET OR LESS.
BUT IT IS PREDOMINANTLY OPEN, SO, AND SO THAT'S REALLY, YOU KNOW, AS LONG AS IT REMAINS PREDOMINANTLY OPEN, THAT KIND OF RESOLVES ONE OF THE QUESTIONS THAT WE HAVE.
HOWEVER, IT IS STILL WITHIN THAT DISTANCE.
SO YEAH, THEY DON'T, TRAFFIC DOESN'T CONSIDER PREDOMINANTLY OPEN.
SO YEAH, ANYTHING THAT'S OVER THREE FEET IS CONSIDERED WITHIN THE SITE VIEW.
I THINK THE BOARD KIND OF DOES THAT A LOT THOUGH.
AND THIS ONE'S A LITTLE DIFFERENT 'CAUSE IT DOES HAVE A FOUR FOOT BIKE LANE NEXT TO THE CURB, OR WE DON'T SEE THAT TOO OFTEN.
SO THAT'S KIND OF LIKE A LITTLE EXTRA BUFFER WHERE BEFORE THE VEHICLES WOULD, WHERE SHOULD BE DRIVING.
CAN YOU, CAN YOU PARK A CAR ON A, ON A BIKE LANE LIKE THIS? NO, RIGHT ON, ON THAT ONE.
ON THAT ONE WAY STREET, YOU CAN ONLY PARK ON THE ACTUAL SOUTH PART, THE SOUTHERN PART LANE, THE NOT ON YOUR SIDE.
ANY OTHER QUESTIONS? ALL RIGHT.
WELL, WHAT WE'RE GONNA DO IS WE'RE GOING TO LOOK FOR A MOTION.
WHO WOULD LIKE TO MAKE A MOTION ON THIS BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO OA DASH 26 DASH 0 3 16.
I MOVE THE BOARD OF ADJUSTMENT BRANDER REQUEST FOR ONE A FOUR FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT, UH, WITH A SIX INCH WEST SIDE SETBACK WITH GUTTERS TO A SEVEN FOOT VARIANCE FROM THE MINIMUM REQUIRED 15 FOOT DRIVEWAY CLEAR VISION AREA TO ALLOW AT EIGHT FOOT DRIVEWAY, CLEAR VISION AREA FOR TWO DRIVEWAYS SITUATED AT 1 2 2 3 WEST THEO AVENUE, APPLICANT BEING MARY CYNTHIA TRAVINO.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS WE'VE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE CARPORT IS SITUATED WITH ADEQUATE SEPARATION TO MAINTAIN THE WESTERN ROOF LINE OF THE CAR CARPORT WITHOUT A JET ACCESSING ADJACENT PROPERTY.
THERE IS SUFFICIENT SEPARATION BETWEEN THE STREET AND THIS OPEN FENCE TO ALLOW MOTORISTS TO VIEW AND SAFELY MANEUVER A VEHICLE INTO THE RIGHT OF WAY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
CONSTRAINTS ON THIS LOT MAKE THE SIDE YARD THE IDEAL LOCATION FOR THE PROPOSED CARPORT, AND THERE IS SUFFICIENT SEPARATION FROM THE PROPERTY LINE.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP AS MODIFICATION TO THE EXISTING FENCE, WOULD NOT SUBSTANTIALLY IMPROVE VISIBILITY AND SAFETY AROUND THE EXISTING DRIVEWAY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THE PROPOSED SETBACK ALLOWS FOR SUFFICIENT MAINTENANCE ACCESS SPACE.
THE EXISTING SEPARATION BETWEEN THE FENCE AND THE STREET DOES PROVIDE ADEQUATE SPACE TO VIEW ONCOMING TRAFFIC AND MANEUVER A VEHICLE INTO THE RIGHT OF WAY.
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.
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 CONFORMITY PROPERTY.
AS THE PROPOSED SETBACKS ALLOW SETBACK ALLOWS FOR SUFFICIENT SPACE TO MAINTAIN THE CARPORT WITHOUT ACCESSING ADJACENT PROPERTY, THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY IF THERE IS AN ADEQUATE CLEAR VISION AREA TO SUPPORT THE SAFE USE OF THE DRIVEWAY.
SIX, THE PLIGHT OF THE OWNER FOR WHICH THE VARIANCE IS SAW.
THESE DUE TO UNIQUE CIRCUMSTANCES EXISTING OUTTA THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
UH, THE PLIGHT OF THE OWNER OF THE PROPERTY, WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
[01:35:01]
THE CONSTRUCTION OF THE CARPORT IN THE SIDE YARD IS, UH, RESOLVED AS SPATIAL CONSTRAINTS EXISTING ON THIS LOT.THE PLIGHT OF THE OWNER OF THE PROPERTY IS DUE TO UNIQUE CIRCUMSTANCES PRESENT ON THIS PROPERTY.
PROPERTIES WITHIN THE IMMEDIATE STANDING AREA WOULD NOT BE SIGNIFICANTLY IMPACTED BY THE PROPOSED FENCE ENDED MOTION.
SECOND BY COMMISSIONER MANOCK.
UM, YEAH, I, I THINK THAT GIVEN THE, UH, FOUR FOOT BIKE LANE, UH, AND THE OTHER CONSIDERATIONS, UH, REGARDING THE GUTTER ON THE CARPORT, UM, I'LL BE IN SUPPORT OF THIS MOTION.
SO JUST A SMALL QUESTION FOR THE CITY.
SO THERE'S A, AN ACCESSORY STRUCTURE IN THE BACK.
IS THAT PART OF THIS MOTION AS WELL? UM, WITH REGARDS TO THE SETBACK SIDE TO SETBACK REQUIREMENT? NO, IT'S NOT, IT'S NOT.
AND THEN, UM, SO FRIENDLY AMENDMENT TO, UH, LIMITED TO THE SIZE OF THE, UH, CARPORT AS DEFINED OR THE 50 FOOT WHATEVER.
SO THE MOTION'S BEEN AMENDED TO, TO INCORPORATE THE, THE, THE LENGTH OF THE CARPORT AS BUILT APPROXIMATELY 50 FEET LONG.
AND THEN WE DID, AND I MAY MISS IT WITH GUTTERS.
ANYONE ELSE LIKE TO ADD HEARING NONE HAVE ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER EZ? YES, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT.
UH, NOW A MOTION ON THE FENCE SITE.
BRAGMAN COMMISSIONER BRAGMAN REGARDING CASE NUMBER BO A DASH 26 DASH 0 3 0 0 16.
I MOVE THE BOARD OF ADJUSTMENT, GRANTED REQUEST FOR ONE FOOT TWO INCH SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWABLE FIVE FOOT, PREDOMINANTLY OPEN, UH, FRONT YARD FENCE TO ALLOW SIX FOOT TWO INCH, PREDOMINANTLY OPEN FRONT YARD FENCE SITUATED AT 1 2 2 3 WEST THEO AVENUE, APPLICANT BEING MARY CYNTHIA TINO.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS WE HAVE DETERMINED SHOWED THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIT UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE REQUEST WOULD BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THE ORDINANCE AS THE INCREASED FENCE HEIGHT WOULD NOT SUBSTANTIALLY LIMIT VISIBILITY ACROSS THE FRONT YARD OF THE PROPERTY VIA THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE PROPOSED FENCE DOES NOT APPEAR TO SERVE THE PUBLIC WELFARE, UH, AS THERE ARE SIMILAR OFFENSES OBSERVED IN THE IMMEDIATE SURROUNDING AREA.
C, THE NEIGHBORING PROPERTY WILL NOT SUBSTANTIALLY BE INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED SPECIAL EXCEPTION, AS THE FENCE WILL NOT DIMINISH THE VISUAL OPENNESS OF THE ADJACENT PROPERTY'S FRONT YARD.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY, WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY LOCATED AT A SPECIAL, A SIMILAR FRONT YARD FENCES WERE OBSERVED IN THE IMMEDIATE SURROUNDING AREA.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT, AS IT WILL INTRODUCE A FRONT YARD FENCE THAT SUPPORTS THE SENSE OF COMMUNITY WHILE PROVIDING ENHANCED SECURITY ON THE LOT.
COMMISSIONER BREGMAN? UH, YEAH, I'LL BE IN SUPPORT OF THE MOTION.
UM, AGAIN, THIS IS PREDOMINANTLY OPEN.
UH, I UNDERSTAND CERTAINLY THE NEED, UH, TO KEEP THE, THE DOGS IN.
AND I APPLAUD YOU FOR TAKING ON THAT RESPONSIBILITY.
UM, I CONCUR WITH MY COLLEAGUE AND, AND LOOKING DOWN THE SUBSEQUENT NEIGHBORING BLOCK, THERE'S SIMILAR FENCING, SO THERE'S NOT UNCHARACTERISTIC OF THAT COMMUNITY.
ANYONE ELSE LIKE TO ADD? HEARING NONE UNLESS HAVE ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
CHERYL, OR IN AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
[01:40:01]
THANK YOU.THANK YOU FOR SUPPORTING TIME.
JOEL VELA, SENIOR PLANNER WITH THE CITY OF SAN ANTONIO.
ITEM FIVE IS BO A DASH 26 DASH 1 0 3 0 0 1 1 7.
THE APPLICANT BEING BOOTED CIVIL LLC IN DISTRICT ONE AT 3 3 8 WOLF ROAD.
THIS IS A REQUEST FOR ONE, A FIVE FOOT SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWABLE THREE FOOT PRIVACY FENCE TO ALLOW AN EIGHT FOOT PRIVACY FENCE IN THE FRONT YARD.
AND TWO, A TWO FOOT SPECIAL EXCEPTION FROM THE MAXIMUM ALLOWABLE SIX FOOT PRIVACY FENCE TO ALLOW AN EIGHT FOOT PRIVACY FENCE IN THE SIDE AND REAR YARD.
SUBJECT PROPERTY IS LOCATED WEST OF THE INTERSECTION OF WOLF ROAD AND HIGHWAY 2 81, UH, AND SURROUNDED BY PROPERTY ZONE C3 AND I ONE.
THE PROPERTY IS OCCUPIED BY AN EXISTING PARKING LOT AND THE APPLICANT PROPOSES TO USE, UH, THE PROPERTY FOR A TAXI DISPATCH SERVICE AND THE INSTALLATION OF ELECTRIC VEHICLE CHARGERS ON THE PROPERTY WITH AN EIGHT FOOT PERIMETER FENCE FOR SECURITY.
UH, PRIOR TO OBTAINING A PERMIT FOR THE PROPOSED SECURITY FENCING, THE APPLICANT MUST OBTAIN A SPECIAL EXCEPTION FROM THE BOA.
UH, SHOWN HERE IS A SITE PLAN AND THE DELINEATION BETWEEN THE FRONT AND SIDE AND REAR YARDS.
UH, APPLICANT IS PROPOSING EIGHT FOOT ALL AROUND AND THIS IS THE SUBJECT PROPERTY AND THIS IS THE REAR OF THE SUBJECT PROPERTY.
JUST SHOWING THAT, UM, BEHIND THERE IS A EXISTING STORM WATER DRAINAGE EASEMENT, UH, AND THE SURROUNDING AREA.
STAFF RECOMMENDATION FOR THE FRONT YARD FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS EFFECT.
UH, ONE, THE EIGHT FOOT PRIVACY FENCE WOULD CREATE A SIGNIFICANT VISUAL BARRIER IN THE FRONT YARD.
AND TWO, SUCH A VISUAL BARRIER WAS NOT OBSERVED ON SURROUNDING PROPERTY AND DOES NOT SUPPORT AN APPEALING STREET SCAPE OR PROMOTE THE SENSE OF COMMUNITY FOR THIS AREA.
STAFF RECOMMENDATION FOR THE SIDE AND REAR YARD FENCE HEIGHT, SPECIAL EXCEPTION STAFF RECOMMENDS APPROVAL BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPOSED FENCE HEIGHT IN THE SIDE AND REAR YARD WOULD NOT SUBSTANTIALLY IMPACT THE SENSE OF COMMUNITY IN THIS AREA AS THE PROPERTY DOES NOT ABUT ANY PROPERTIES WITH AN ACTIVE USE.
AND TWO, THE SPECIAL EXCEPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE IMMEDIATE SURROUNDING AREA AS THE EIGHT FOOT, UH, PRIVACY FENCE IN THE SIDE AND REAR YARD IS INTENDED ONLY FOR ENHANCED SECURITY OF THE PREMISES.
UH, THE CROWN HILL PARK NEIGHBORHOOD ASSOCIATION IS NOT OPPOSED.
AND THE SAN ANTONIO, TEXAS DISTRICT ONE RESIDENT ASSOCIATION DID NOT RESPOND.
THIS CONCLUDES STAFF'S PRESENTATION.
ALL RIGHT, THANK YOU VERY MUCH.
UH, ONE QUICK QUESTION ON THE, UM, ON THE, UH, NEIGHBORING PROPERTY YOU LISTED AS BEING VACANT, UH, COMMERCIAL, BUT IT LOOKS LIKE THERE'S A STRUCTURE THERE.
I'M LOOKING AT 4 0 6 WOLF ROAD BASED ON OUR, UM, SITE VISIT, THERE DID NOT SEEM TO BE A TENANT IN THAT STRUCTURE.
THERE'S A STRUCTURE THERE, BUT IT ITSELF IS VACANT.
ALL RIGHT, SO HAVE THE APPLICANT COME FORWARD.
HELLO, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
I'M TAMSON DREW WITH TERAT INFRASTRUCTURE.
I'M JUST GONNA HAND THESE OUT IF THAT'S ALL RIGHT.
STAFF CAN EVEN HELP YOU WITH THAT.
GO AHEAD AND GET STARTED HERE.
UH, MEMBERS OF THE BOARD, UH, AS I MENTIONED, I'M TAMSON DREW WITH TERAWATT, UH, INFRASTRUCTURE.
I'M JOINED HERE TODAY BY MY, UH, COLLEAGUE STEPHAN DECHEN, AS WELL AS NAT HO AND MAGGIE IAN, WHO ARE WITH OUR CIVIL ENGINEERING FIRM, UH, BOOT CIVIL.
UH, WE'RE HERE TODAY AS YOU'VE ALREADY HEARD FROM STAFF TO REQUEST, UH, VARIANCE FOR, UH, FENCE HEIGHT ON OUR PROJECT AT 3 3 8 WOLF ROAD.
UH, TO JUST PROVIDE A LITTLE BIT OF, UH, BACKGROUND ON THE PROJECT.
THE SITE IS A ONE ACRE PARCEL, UH, ZONE C3 GENERAL COMMERCIAL ON WOLF ROAD.
UH, ON THE SITE, WE WILL BE INSTALLING 46 EV FAST CHARGERS TO SERVE COMMERCIAL LIGHT DUTY FLEET VEHICLES.
UH, THE SITE WILL OPERATE 24 HOURS A DAY.
UH, IMPORTANTLY, AS YOU'VE ALREADY HEARD, THERE'S NO RESIDENTIAL ADJACENCY IN THE, THE NEIGHBORS ARE A HOTEL, AUTOMOTIVE SERVICES OFFICE AND LIGHT INDUSTRIAL USES.
UH, SO THIS IS A COMMERCIAL NEIGHBORHOOD, UH, AS SHOWN THE SITE PLAN, UH, PROVIDES A FULL PERIMETER FENCE OUTLINED IN RED ALONG WITH THE INTERIOR LAYOUT OF OUR SITE.
THE PURPOSE OF THE FENCE IS TO PROVIDE A PROPERTY BOUNDARY THAT WILL IN INTEGRATE WITH OUR GUARD HOUSE AND GATE, UH, TO PROVIDE CONTROL ACCESS TO THE SITE.
AND WE ARE, UH, WILL BE PROVIDING LANDSCAPING ALONG WOLF ROAD TO HELP SOFTEN, UH, THE STREET FACING VIEW.
[01:45:01]
UH, THE FENCE WE'RE PROPOSING IS STEEL WITH A BLACK FINISH.IT'S A ONE INCH VERTICAL MEMBERS WITH EIGHT INCH ON CENTER.
AND THEN WE'RE, UM, GONNA BE COVERING THAT WITH, UH, PERFORATED PANELS, WHICH ARE 20%, UH, OPEN.
THE INTENT IS TO BE SEMI-TRANSPARENT HERE, NOT A, UH, SOLID SCREEN WALL TO HELP MAINTAIN THAT VISUAL CONNECTION WITH THE LANDSCAPING.
UH, AND ADDITIONALLY, THE SITE LINES ARE COMPLIANT, UH, WITH THE, UH, DRIVEWAY ACCESS VISIBILITY REQUIREMENTS.
UH, SO WE ARE SEEKING, UH, THE EXCEPTION FOR FENCE HEIGHT.
UH, IN THE, UH, FRONT YARD, UH, THE CODE SETS THE MAXIMUM, UH, HEIGHT OF THREE FEET.
WE ARE REQUESTING EIGHT FEET, WHICH WOULD BE A FIVE FOOT VARIANCE.
UH, AS YOU'VE HEARD, UH, STAFF HAS RECOMMENDED DENIAL.
UH, THAT SAID, I WOULD LIKE TO POINT THE BOARD TO A COUPLE THINGS.
UH, FIRST IS THAT THE UD C'S CEILING FOR COMMERCIAL AND INDUSTRIAL USES IS AN OVERALL, UH, IS A MAXIMUM HEIGHT OF NINE FEET.
SO WE ARE FALLING WITHIN THAT OVERALL MAXIMUM.
AND, UH, SECOND IS THAT THE PURPOSE OF THE FENCE ISN'T DECORATIVE.
UH, RATHER IT'S AN INTEGRAL PART OF OUR SITE SECURITY PERIMETER, UH, PROTECTING OUR HEART HIGH VALUE CHARGING EQUIPMENT, AS WELL AS OUR OVERNIGHT TECHNICIANS.
UH, IN THE SIDE YARD, WE ARE REQUESTING, UH, WE ARE TRYING TO CREATE A CONTINUOUS EIGHT FOOT PERIMETER.
UH, SO SIMILARLY SEEKING, UH, INCREASE OF TWO FEET, UM, FROM THE SIX FEET ALLOWED, UH, WHICH STAFF HAS RECOMMENDED APPROVAL OF, UH, GOING THROUGH THE CONDITIONS FOR GRANTING AN EXCEPTION.
UH, UNDER THE, UH, UDC, WE BELIEVE WE MEET ALL OF THE CONDITIONS.
UH, THE INTENT OF THE FENCE IS TO PROMOTE PUBLIC SAFETY AND ORDERLY COMMERCIAL DEVELOPMENT.
UH, AND IT WILL NOT HARM OUR NEIGHBORS.
IN FACT, AS YOU HEARD, THE CROWN HILL NEIGHBORHOOD ASSOCIATION, THOSE ARE THE CLOSEST RESIDENTIAL, UM, FOLKS.
THEY'RE ABOUT A HALF MILE AWAY.
UH, SUBMITTED A LETTER STATING THAT THEY ARE NOT OPPOSED TO THE FENCING AND FINDING THAT IT WILL PROVIDE INCREASED BUFFERING BETWEEN THE PROPOSED DEVELOPMENT AND THE SURROUNDING PROPERTIES.
UH, THE ADJACENT PROPERTIES TO OURS ARE ALSO C3, AND WE BELIEVE THAT THE FENCE IS COMPATIBLE WITH AND COMMON TO THE DISTRICT'S EXISTING CHARACTER.
THE PROPERTY WILL RE REMAIN SUBJECT TO ALL OF THEIR ZONING REQUIREMENTS.
AND NOTHING ABOUT THIS EXCEPTION WEAKENS THE GENERAL, UH, PURPOSE OF THE DISTRICT.
UH, THERE ARE FOUR MAIN OPERATIONAL REASONS.
UH, WE ARE REQUESTING THIS EIGHT FOOT FENCE AROUND THE ENTIRETY OF THE PROPERTY.
FIRST AND FOREMOST IS WORKER SAFETY.
UH, WE'RE ALSO LOOKING TO PROTECT, UH, AND SECURITIZE OUR INFRASTRUCTURE CONTROL ACCESS TO THE SITE AND TO HAVE VISUAL COMPATIBILITY WITH THE NEIGHBORHOOD.
AS I MENTIONED, OUR TECHNICIANS AND SECURITY STAFF WORK AROUND THE CLOCK.
AN EIGHT FOOT PERIMETER IS A MEANINGFUL WAY, UH, TO DETER UNAUTHORIZED ENTRY TO THE SITE.
AND WE ARE ALSO INSTALLING VERY HIGH VALUE, FAST CHARGING EQUIPMENT.
UH, THE INDUSTRY STANDARD FOR THESE TYPES OF FENCE IS A SEVEN TO EIGHT FOOT NORM AROUND THE PROPERTY.
UH, WE BELIEVE THIS IS BOLSTERED BY, UH, THE CRIME DATA FOR THE 7 8 2 1 6 ZIP CODE.
A PROPERTY CRIME IN THIS AREA IS AN ACTIVE CONCERN, AND THE FENCE IS A REASONABLY PROTECTIVE MEASURE.
UH, AGAIN, WE ARE LOOKING TO DO A PERFORATED STEEL FENCE ON THE PROPERTY, UH, AS A LESS INTRUSIVE OPTION.
AND WE'RE HOPING THIS, UH, IS VISUALLY APPEALING WHILE ALSO HELPING WITH OUR SECURITY OBJECTIVES.
UH, THANK YOU SO MUCH FOR YOUR TIME.
UH, TERAWATTS COMMITTED TO BEING A GOOD NEIGHBOR HERE AND WANTS TO BE A RESPONSIBLE OPERATOR IN SAN ANTONIO.
UH, WE BELIEVE THAT OUR PROPOSAL DOES MEET THE CONDITIONS FOR AN EXCEPTION.
UH, I WOULD LIKE TO SAY THANK JOEL, UH, FOR HELPING ASSIST US THROUGH THIS PROJECT.
AND, UH, WE ARE, UH, RESPECTFULLY REQUESTING THE BOARD'S APPROVAL.
UM, I NOTICED THAT ON YOUR PLAN YOU'RE SHOWING, UH, THE FENCE AT RUNS ALONG WOLF ROAD TO BE, TO BE WITHIN, UH, THE 14 FOOT.
IS THERE A CPS EASEMENT ALONG YOUR FRONTAGE? THERE IS, UH, FOR THE, UM, FOR THE LAKE POLES? NO, NO, I MEAN, OR FOR THE, IT'S COMMON WHEN, WHEN LAND'S PLATTED THAT THERE'S A 14 FOOT CPS EASEMENT ON A COMMERCIAL TRACKS.
AND SO YOU HAVE A DIMENSION ON YOUR PLAN THAT SAYS 14 FOOT SIX INCHES.
WHAT APPEARS TO BE GOING TO THE, LISTEN, I'M JUST READING THIS INCORRECTLY.
THERE'S, THAT'S GOING TO THE RED LINE OR IS THAT GOING TO THE FRONT OF THE PARKING? UH, SO THE INTENT IS FOR THE FENCE TO RUN ALONG THE RED LINE.
UH, WE'RE CURRENTLY IN DISCUSSIONS WITH CPS ABOUT WHETHER WE COULD, UH, ENCROACH ON THEIR EASEMENT AREA.
THAT 14 FOOT DIMENSION RIGHT THERE, IS THAT, IS THAT GOING TO THE RED LINE OR IS THAT 14 FEET GOING TO THE FRONT OF THE PARKING? OH, SORRY.
YEAH, IT LOOKS LIKE YOU MIGHT HAVE FIVE FEET THERE.
UH, PLEASE STATE YOUR NAME AND, HELLO.
MY NAME'S MAGGIE CARRYON AND I'M WITH BOOTS CIVIL, THE ENGINEERING TEAM.
SO AS YOU MENTIONED, THE CPS EASEMENT, UM, IT'S NOT EXISTING ON SITE YET, UM, BUT WE ARE TALKING WITH CPS, THE 14 AND A HALF FOOT IS TWO, UM,
[01:50:01]
THE BEGINNING OF THE PAVEMENT.SO YOU, SO FROM THE PROPERTY LINE, YOU'RE GONNA GO 14 AND A HALF FEET TO THAT FACE, A CURB AREA, YOUR FENCE WILL LIE WITHIN THAT? YES.
AND IS THIS, IS THIS A PLATTED LOT OR ARE YOU PLATTING IT NOW? IT'S UH, IN THE PLATTING PROCESS.
SO YOU WILL HAVE A 14 FOOT EASEMENT THERE BY THE TIME YOU'RE DONE.
SO THAT'S WHAT'S GONNA END UP HAPPENING.
I'M JUST CURIOUS BECAUSE IT REALLY TO FENCE IS SOMETHING THAT I JUST WAS WONDERING IF YOU HAD THAT DISCUSSION WITH CPS OR THE TERM ENCROACHMENT AGREEMENT CAME INTO PLAY OR ANYTHING.
YES, WE ARE IN DISCUSSIONS WITH CPS AND WE ARE, UM, LOOKING TO DEDICATE THAT EASEMENT VIA SEPARATE INSTRUMENT.
SO IT WILL NOT BE, UM, ON THE PLOT, BUT IT'LL COME INTO PLAY DURING THE SITE PERMITTING PROCESS.
OH, THAT WILL BE QUITE AMAZING.
'CAUSE IT NEVER LET ME DO THAT.
SO, UM, ALRIGHT, ANY QUESTIONS FROM THE COMMISSION? OH, ZINA, COMMISSIONER ZINA, EXCUSE.
SO WHO, WHO ARE THE CUSTOMERS THAT WOULD BE USING THE ELECTRIC CHARGING STATIONS HERE? YEAH, THANKS FOR THE QUESTION.
SO THESE WILL PRIMARILY BE FOR FLEET VEHICLES.
SO THERE'LL BE A SINGLE CUSTOMER THAT WILL OWN, UH, THE ENTIRE WELL THAT WILL HAVE ACCESS RIGHTS TO THE ENTIRE SITE.
UH, THESE ARE FOR TNCS OR UH, RIDESHARE VEHICLES.
AND SO WE DO HAVE ONSITE AMENITIES LIKE RESTROOMS AND A BREAK ROOM AND THINGS TO ENSURE THAT.
SO NO, LIKE INDU THAT'S WHAT I WAS THINKING OF.
YOU LIKE BIG 18 WHEELER, NO TRUCKS KIND OF CHARGING HERE OR ANYTHING.
IT'S MORE OF LIKE SUPPORTING THE INFRASTRUCTURE, THE AIRPORT AND PEDESTRIAN PICKUPS AND STUFF.
YEAH, THESE ARE ALL PASSENGER CARS.
SO YOU TALKED ABOUT, UM, I GUESS A, A METAL FABRIC AS THE SOLID STRUCTURE.
UM, AND SO, UM, YOU KNOW, I GUESS WHEN WE, WHEN WE TALK ABOUT, UM, PROVIDING PERMITTING, UM, ANYTHING LESS THAN PREDOMINANTLY OPEN IS, IS OR ANYTHING, ANYTHING MORE THAN PREDOMINANTLY OPEN IS BASICALLY OUTSIDE OF OUR TERRITORIAL, UM, SAY I BELIEVE.
AND SO WE CAN'T REALLY SAY ANY KIND OF NUMBER.
BUT THE QUESTION I'M TRYING TO GET TO IS, SO YOU'RE PUTTING UP CLOTH, UM, WITH THAT HAS HOLES IN IT OR, OR METAL THAT HAS HOLES IN IT.
AND SO IS, WHAT ARE THE SIZE OF THOSE HOLES AND HOW, YOU KNOW, I GUESS YEAH, IT'S ABOUT 20% OPEN IS WHAT WE'RE CURRENTLY PROPOSING.
UM, IF THE BOARD IS INTERESTED IN A MORE TRANSPARENT, UH, LOOK, UH, WE'D BE O OPEN TO, UH, INCREASING THE VISIBILITY OF THAT SCREENING CLOTH.
AND SO, SO THEY DO, THEY MAKE DIFFERENT NUMBERS FOR THAT.
SO, AND, AND SO IS THERE AN INDUSTRY GUIDELINE THAT SAYS, YOU KNOW, WHERE THE, WHERE THE SWEET SPOT IS? ARE YOU, ARE YOU PAST IT OR ARE YOU BEING EXTRA CONSERVATIVE OR WHERE ARE YOU SITTING RIGHT NOW? YEAH, SO WE'RE PROPOSING, UH, THE, UH, WE USE THIS TYPE OF MATERIAL ON A LOT OF OUR, UH, SITES, UH, BUT WE WOULD BE, UH, OPEN TO UH, 50%, UH, TRANSPARENCY ON THE SCREENING MATERIAL.
SO I DON'T KNOW THAT WE CAN PUT ANY, SO I GUESS THEY CAN STATE THAT'S WHAT THEY'RE, WHAT THEY'RE DOING AS PART OF THE PERMIAN PROCESS.
YOU KNOW, SO I'M, SO I AM TRYING TO THINK OF, YOU KNOW, OPEN DISCREET, UH, STREET SCAPES AND, YOU KNOW, UM, HAVING A, AN EIGHT FOOT WALL ALONG A STREET A CORRIDOR IS, IS A LITTLE BIT IMPOSING AND SO TRYING TO MINIMIZE THAT.
UM, SO ANYWAYS, JUST THINKING ABOUT THAT.
SO ON WOLF ROAD, IS THERE GONNA BE A LANDSCAPE BUFFER BETWEEN THE, THE FENCE AND THE MESH AND UH, WOLF ROAD? UH, YES, THERE WILL BE.
DO YOU WANT, UM, SO I BELIEVE IT'S NOT A REQUIREMENT, UM, BECAUSE WE ARE A BUDDING, UH, COMMERCIAL AND INDUSTRIAL, HOWEVER, WE WILL BE PROVIDING LANDSCAPING AND UM, I ACTUALLY BELIEVE WE'RE PROVIDING, IT'S NOT SHOWN ON THIS PLAN, BUT THE GREEN SPACE IS THE LANDSCAPING AND WE'RE PROVIDING, UH, MORE TREES THAN REQUIRED.
SO EVENTUALLY OVER TIME AS THOSE TREES GROW AND MATURE, THEY WOULD BE COVERING THE FENCE AND THAT WOULD BE, UM, WITHIN THAT 14 ISH FOOT AREA.
AND THAT'LL BE THE ENTIRE LENGTH OF THE PROPERTY.
ALRIGHT, ANY OTHER QUESTIONS? CRUZ? COMMISSIONER CRUZ? UH, MY THING IS, OKAY, DOES IT HAVE TO BE EIGHT PEAK? CAN WE GO DOWN TO SEVEN AND IT WOULD STILL BE APPROPRIATE? UH, WE ARE LOOKING FOR A CONSISTENT, UH, HEIGHT.
WE DO THINK EIGHT FEET IS THE BEST DETERRENT.
UH, WE DO SEE SOME, UH, BAD BEHAVIOR ON SOME OF OUR OTHER, UH, SITES WITH FOLKS TRYING TO GET, UH, ACCESS TO, UH, HELP THEMSELVES TO SOME OF OUR ON ONSITE EQUIPMENT.
UH, SO WE WOULD UH, APPRECIATE UH, AN EIGHT FOOT HEIGHT HERE.
SO YOU HAVE ANOTHER FACILITY WITH A,
[01:55:01]
WITH WITH A DIFFERENT, UH, FENCE HEIGHT? UH, YES MA'AM.WE HAVE A OTHER FACILITY, UH, AND OUR STANDARD IS AN EIGHT FOOT HEIGHT IN ORDER TO PROVIDE THAT SECURE PERIMETER.
AND UH, JUST TO CLARIFY ABOUT THE STEEL FENCE, UM, THAT WE HEARD IN THE APPLICANT'S PRESENTATION, CORRUGATED METAL WILL BE PART OF A STEEL FENCE.
SO IF THE INTENT IS TO PUT CORRUGATED METAL, THAT IS A SEPARATE VARIANCE THAT HAS TO BE, UM, PRESENTED TO THE BOARD AND APPROVED JUST THE FYI, UH, YEAH.
UM, I DO NOT BELIEVE WE WILL HAVE, UM, CORRUGATED METAL AS YEAH, JUST WANNA MAKE SURE YOU'RE AWARE.
SO COMMISSIONER MAY, I GUESS GOING DOWN THAT PATH, SO, UM, WHAT IS THE DEFINITION OF CORRUGATED METAL VERSUS, YOU KNOW, A METAL FENCING WITH 50%? SO, SO HOW DOES THAT DIFFER? SO IS WOULD IT BE THROUGH, UM, RIBS, YOU KNOW, AT AT 50% COVERAGE OR, YEAH, ONCE THEY KIND OF FLATTEN OUT THE, THE STEEL OR METAL AND MAKE IT KIND OF FLAT, UM, OBVIOUSLY WE'D HAVE TO LOOK AT IT DURING THE PERMITTING PROCESS, BUT THAT'S KIND OF WHAT WE LOOK FOR.
THE SHEET ROLLED OR CORRUGATED METAL, THE SHEET ROLLED IS PERMITTED, BUT CORRUGATED IS THAT NO SHEET IS, SHEET ROLL IS NOT, AND CORRUGATED IS OF A SIMILAR DEAL OF SHEET ROLL.
THE DEFINITION THAT'S DEFINED AS SHEET ROLL OR CORRUGATED METAL.
SO THAT'S THE NON PERMITTED MATERIAL.
SO WHAT THE UDC SAYS IS THAT ALL FENCES SHALL BE CONSTRUCTED OF WOOD CHAIN, LINK, STONE ROCK, CONCRETE BLOCK, PRECAST, CONCRETE PANELS, MASONRY BRICK, BRICK, DECORATIVE WROUGHT IRON OR OTHER MATERIALS WHICH ARE SIMILAR AND DURABILITY.
SO THAT'S AN INTERPRETIVE ISSUE FOR THE CITY.
AND I'M SURE IF THEY DEEM IT AS SOMETHING OTHER THAN THAT IT'LL HAVE TO COME TO THE BOARD.
SO SORRY TO INTERJECT NAT HO UH,
UH, I WOULD LOVE TO SETTLE THE ISSUE WITH THE MATERIAL HERE AND NOW WITHIN THIS REQUEST TO AVOID ANY CONFUSION, UH, IT IS OUR INTENTION OF THE REQUEST IN ORDER TO PROVIDE THAT OPENING AREA.
SO WHAT HAPPENS IS, UH, WE'RE ONLY ALLOWED TO ENTERTAIN WHAT WAS ADVERTISED AND WHAT'S BEFORE US.
RIGHT? AND WHAT'S BEFORE US TODAY IS, IS A FENCE THAT ISN'T, THAT THAT IS UH, MORE THAN THE 70%.
AND SO THAT WAY IT'S NOT CONSIDERED PREDOMINANTLY OPEN.
UH, AND SO IT CHANGES, YOU KNOW, HOW THE VARIANCE IS READ AND WHAT HEIGHTS ARE ALLOWED OR NOT ALLOWED OR WHATEVER.
IF WHEN YOU TURN THIS IN, BECAUSE THIS IS APPARENTLY GONNA BE A RELATIVELY NEW PRODUCT, THE CITY WILL THEN DETERMINE WHETHER OR NOT IT'S CONSIDERED ACCEPTABLE OR WHETHER IT HAS TO COME BACK TO US AS A MATERIAL VARIANCE.
BUT AS OF TODAY, WE WE'RE NOT, WE'RE NOT NONE, NONE OF THAT IS PART OF OUR DISCUSSION.
WELL I UNDERSTAND THE ADVERTISE IS FOR A SOLID, UH, EIGHT FOOT TALL FENCE BECAUSE IT'S NOT 70% PREDOMINANTLY OPEN.
AND IT HAS TO BE CONSIDERED SOLID.
AND I THINK FOR THIS DISCUSSION, I JUST WANNA MAKE SURE IT'S CLEAR, IS WE CERTAINLY CAN AMEND THE AMOUNT OF OPEN ON HERE TO REDUCE IT TO MEET THE 70% OPEN SO THAT IT'S NOT A SOLID FENCE.
AND I UNDERSTAND THAT THE ADVERTISE IS MORE STRICT AS A SOLID, SO WE CAN REDUCE THE REQUEST HERE, BUT WE JUST WANNA SETTLE THE CONVERSATION HERE SO THAT THERE'S NO AMBIGUITY, UH, IF WE CAN.
SO THE WAY THAT WORKS IS, UH, WITH US, UM, IF THERE'S A COMMISSIONER THAT WOULD BE MORE, UH, AMICABLE TO A PREDOMINANTLY OPEN AND THAT'S THING THAT YOU'RE ASKING FOR ALL FOUR SIDES.
SO FOR EXAMPLE, I'LL JUST TELL YOU WHAT I THINK NEXT TO THE DRAINAGE EASEMENT.
THAT DOESN'T BOTHER ME THAT MUCH ALONG THE ACTUAL SIDEWALK BECAUSE THERE'S A HOTEL ACROSS THE STREET.
UM, IT'S, I PROBABLY WOULDN'T WANT IT TO LOOK EIGHT FOOT TALL, SOLID FENCE, YOU KNOW, SO SOME SORT OF PREDOMINANTLY OPEN WOULD BE MORE AMICABLE TO ME ON THAT RESPECT.
SO THINKING OF THAT, UM, IS THERE ANYTHING YOU'D LIKE TO EXPRESS TO THE BOARD WHAT YOU COULD LIVE WITH, UH, ON THE SIDES OF THE FRONT? UH, JUST FOR US TO HAVE IN THE BACK OF OUR MINDS WHEN WE'RE MAKING A MOTION? 'CAUSE YOU STILL NEED NINE OF US RIGHT? AND AND I APPRECIATE THE CONSIDERATION ON, ON THE DATA HERE.
SO I JUST WANT TO CONFIRM WE ARE LOOKING TO UH, UH, GET SUPPORTIVE TO AMEND THE REQUEST TO PREDOMINANTLY OPEN.
WELL, WE CAN CERTAINLY DO THAT.
THAT CERTAINLY MAKES THINGS EASIER.
UH, IS IT POSSIBLE FOR THE BOARD TO ENTERTAIN SOMETHING MORE OR LESS THAN THE 70%? I KNOW THAT WE'RE NOT SUPPOSED TO IMPOSE
[02:00:01]
CONDITIONS, BUT WE CAN'T, WE CAN'T SAY 60% PREDOMINANTLY OPEN OR YEAH, THAT'S RESTRICTING THE OPEN FENCE STANDARD.UH, ANY OTHER QUESTIONS? HEARING NONE.
I'M LOOKING FOR A MOTION ZUNA COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 0 0 1 7.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE, A FIVE FOOT SPECIAL EXCEPTION FOR THE MAXIMUM ALLOWABLE THREE FOOT PRIVACY PRIVACY FENCE TO ALLOW AN EIGHT FOOT PREDOMINANTLY OPEN PRIVACY FENCE IN THE FRONT YARD.
AND TWO, A TWO FOOT SPECIAL EXCEPTION FOR THE MAXIMUM ALLOWABLE SIX FOOT.
UM, PREDOMINANTLY OPEN PRIVACY FENCE TO ALLOW AN EIGHT FOOT PREDOMINANTLY OPEN, UH, PRIVACY FENCE ON THE SIDE AND REAR SITUATED AT 3 3 8 WOLF ROAD.
APPLICANT BEING BOOT CIVIL LLC BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIPS, SPECIFICALLY FIND THAT ONE THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
UH, REGARDING THE FRONT YARD, THE PROPOSED HEIGHT OF THE FRONT YARD FENCE WOULD PROMOTE A UNIFORM AND APPEALING STREET SCAPE IN COMMERCIAL DISTRICT REGARDING THE SIDE AND REAR, UH, YARD.
THE PROPERTY ABUTS OF STORMWATER DRAINAGE EASEMENT TO THE REAR AND INCREASED ALLOWABLE FENCE HEIGHTS WOULD PROVIDE GREATER PROTECTION OF THE SITE WITHOUT SIGNIFICANTLY IMPACTING VISIBILITY FROM THE STREETS SCAPE OR ADJACENT PROPERTY.
B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED REGARDING THE FRONT YARD.
AN EIGHT-FOOT PRIVACY, PREDOMINANTLY OPEN PRIVACY, PRIVACY FENCE IN THE FRONT YARD WOULD NOT DIMINISH THE SENSE OF COMMUNITY IN THIS AREA BY CREATING A SIGNIFICANT VISUAL BARRIER ALONG THE STREETSCAPE.
REGARDING THE SIDE AND REAR YARD, THE PROPOSED PREDOMINANTLY OPEN FENCE HEIGHT AND THE SIDE AND REAR WOULD SUBSTANTIALLY IMPACT THE SENSE OF COMMUNITY IN THIS AREA.
AS, AS THE PROPERTY, UH, DOES NOT ABUT ANY PROPERTIES WITH AN ACTIVE USE.
UH, SEE THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE AND THE GUARD IN THE FRONT YARD, NEIGHBORING PROPERTY WOULD NOT BE INJURED BY THE PROPOSED PREDOMINANTLY OPEN FENCE FENCE HEIGHT AS AN EIGHT-FOOT PRIVACY FENCE IN THIS FRONT YARD WOULD NOT SIGNIFICANTLY DISRUPT THE APPEAL OF THE EXISTING STREET SCAPE IN THIS AREA.
REGARDING THE SIDE AND REAR YARD, THE NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED BY THE INCREASED FENCE HEIGHT, INCREASED FENCE HEIGHT AS THE EIGHT FOOT PREDOMINANTLY OPEN FENCE WOULD PROVIDE THE ENHANCED SECURITY TO THE PREMISES WITHOUT DISRUPTING THE APPEAL.
THE STREETSCAPE FOR THIS AREA, AND EXCUSE ME, DEED, A SPECIAL EXCEPTION, WOULD NOT ALTER THE ESSENTIAL CHARACT OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY POINTS A SPECIAL EXCEPTION AT SOUGHT REGARDING THE FRONT YARD.
UH, THE SPECIAL EXCEPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE IMMEDIATE SURROUNDING AREA AS PROPOSED.
PREDOMINANTLY OPEN FRONT HEIGHT PROVIDES APPROPRIATE PROTECTION FOR THE PROPOSED USE REGARDING THE SIDE AND REAR YARD.
THE SPECIAL EXCEPTION WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THIS IMMEDIATE ESSENTIAL CHARACTER OF THE IMMEDIATE SURROUNDING AREA AS THE EIGHT FOOT PREDOMINANTLY OPEN PRIVACY FENCE.
AND THE SIDE OF REAR YARD IS ATTENDED ONLY FOR ENHANCED SECURITIES OF THE PREMISES.
AND E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT.
ARE THE REGULATIONS HERE AND ESTABLISHED FOR THE SPECIFIC DISTRICT REGARDING THE FRONT YARD? THE SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSE OF THE DISTRICT, WHICH TO ALLOW GENERAL COMMERCIAL ACTIVITIES DESIGNED TO SERVE THE COMMUNITY ALONG THE COMMERCIAL CORRIDORS DEVELOPED WITH PEELING STREETSCAPES AND REGARDING THE SIDE AND REAR YARD.
THE SPECIAL EXCEPTION WOULD NOT WEAKEN THE PURPOSE OF THE DISTRICT AS THE INCREASED FENCE HEIGHTS WOULD ALLOW FOR ENHANCED SECURITY OF THE PREMISES WITHOUT CREATING A SIGNIFICANT CHANGE IN THE CHARACTER OF THE SURROUNDING AREA.
SECOND BY COMMISSIONER MANOCK? COMMISSIONER ZUNE? YEAH.
SO I'M GONNA SUPPORT THE MOTION AS READ.
UH, PLEASE NOTE, UH, PREDOMINANTLY OPEN WAS, UH, UH, UH, THE ADJUSTMENT THAT I MADE TO THE VARIANCE REQUEST.
UM, THE APPLICANT PROVIDED TESTIMONY TO US THAT ONLY THE EIGHT FOOT FENCE PROVIDES THE NEEDED SECURITY.
THEY'VE HAD SEVEN FOOT AND SOME OTHER PROP PROPERTIES, WHICH HAVE NOT PROVIDE THE SECURITY THEY NEED.
UM, I THINK PROMOTING, YOU KNOW, ELECTRICAL VEHICLE USAGE, UH, ESPECIALLY AROUND THE AIRPORT IS A, IS A, UH, COMMUNITY BENEFIT, UH, FOR, UH, FOR THE PROJECT.
AND, UM, I'M SUPPORTING THE MOTION AS READ HERE.
SO JUST A LITTLE BIT OF DIALOGUE HERE.
SO, UM, PART OF THE MOTION WAS, OR THIS DIALOGUE WAS SIDE AND BACK BEING, UM, NOT NECESSARILY PREDOMINANTLY OPEN.
UM, AND SO, UM, BY RIGHT SIX FOOT, THEY COULD HAVE SIX FOOT SOLID FENCE.
UM, AND THEN YOU'RE ALLOWING TWO FOOT TO BE PREDOMINANTLY OPEN ABOVE THAT? OR, OR HOW IS THAT, WHAT ARE YOU THINKING ABOUT FROM THAT PERSPECTIVE? I WAS JUST THINKING THAT IT WAS ALL GONNA BE UNIFORM, AN EIGHT FOOT, UM, PREDOMINANTLY OPEN AROUND THE ENTIRE PERIMETER, WHETHER IT'S THE FRONT SIDE REAR.
SO A QUESTION FOR STAFF, I MEAN, IS, IS, IS THERE A WAY TO WORD THIS SO THAT WE'RE, WE'RE ENSURING THAT IT'S GOING TO BE A COMPLETE, PREDOMINANTLY OPEN EIGHT FOOT TALL AND NOT A SIX FOOT WITH A TWO FOOT PREDOMINANTLY OPEN CAP ON TOP OF IT.
YOU CAN'T RE, YOU CAN'T TAKE AWAY THEIR RIGHT TO HAVE A SIX FOOT PRIVACY FENCE IN THE REAR OR A THREE FOOT, BUT THE GRANT OF VARIANCE, THE
[02:05:01]
VARIANCE WOULD, WOULDN'T THE VARIANCE BE JUST, JUST FOR AN EIGHT FOOT, PREDOMINANTLY OPEN FENCE? SO IF THEY, YEAH, SO IF THEY GO ABOVE, UM, THE SIX FOOT, YOU'RE ONLY GRANTING THE SPECIAL EXEMPTION FOR TWO OF THOSE TWO FEET.YOU'RE NOT GRANTING SPECIAL EXEMPTION FOR THE FIRST SIX FEET.
SO COULD, COULDN'T THE MOTION BE READ THAT WE'RE GRANTING A VARIANCE FROM A, A FIVE, A SIX FOOT PREDOMINANTLY OPEN FENCE TO AN EIGHT FOOT? PREDOMINANTLY? IS THERE SOME, THERE'S NO WAY TO LOCK THAT IN, I GUESS IF THE APPLICANT WANTS TO, UM, AMEND THEIR REQUEST.
UH, NO, I, I'M FINE WITH THAT.
I WOULD, I WAS JUST WONDERING, YOU KNOW, AND SO WE HAD DIALOGUE WITH REGARD TO WELL, THAT'S A GREAT POINT BECAUSE I, I WAS UNDER THE IMPRESSION THAT WHEN YOU READ IT THAT WAY, THE ENTIRE OFFENSE 'CAUSE THAT I DON'T, I DON'T KNOW IF I WOULD BE IN SUPPORT OF SOMETHING ON THE, ON THE BACKSIDE OR ARE YOU TALKING THE FRONT THE BACKSIDE DOESN'T BOTHER ME AS MUCH, SO I, I'M MORE CONCERNED ABOUT THE HOTEL SIDE.
THE FRONT SIDE I THINK PREDOMINANTLY OPEN THAT THAT STANDS BUT BY, AND THEY DON'T HAVE, THEY HAVE A TWO FOOT OR THREE FOOT BY RIGHT ON THE FRONT.
UM, BUT ON THE, WELL, I DON'T, I I, I DON'T KNOW IF I'D WANT TO SEE A THREE FOOT SOLID AND THEN FIVE FEET TOP LEO ON TOP OF IT.
I DON'T THINK THAT'S THE APPLICANT'S INTENT, RIGHT.
BUT, UH, THAT WAS REALLY THE DIALOGUE WAS TRULY ABOUT OKAY, THE BACKSIDE.
LET'S, AND YOU HAD MENTIONED THAT YOU, I'M GONNA REOPEN THE PUBLIC HEARING.
PLEASE, CAN YOU PLEASE STATE WHAT FULLY DO YOU UNDERSTAND WHAT WE'RE TALKING ABOUT? OKAY.
SO PLEASE AMEND YOUR APPLICATION SO THAT WE COULD VOTE ON WHATEVER YOU'RE PROPOSING.
THANK YOU SO MUCH FOR THE DIALOGUE.
WE WOULD ALSO LIKE A CONSISTENT, UM, FEEL AROUND THE SITE.
UH, SO HAPPY TO AMEND OUR APPLICATION FOR A EIGHT FOOT OPEN FENCE AROUND THE FULL PERIMETER.
UM, A COMPLETELY FULLY O PREDOMINANTLY OPEN FENCE, PREDOMINANTLY OPEN FENCE OF EIGHT FOOT HEIGHT.
UH, WE'RE GO, WE'RE CLOSING THE PUBLIC HEARING.
COMMISSIONER ZUNA, DID YOU CLARIFY? RIGHT.
SO I'M KIND OF JUST ENHANCING MY MOTION TO INCORPORATE THE APPLICANT'S TESTIMONY THAT THEY ARE SUPPORTING THE, UM, EIGHT FOOT PREDOMINANTLY OPEN FENCE AROUND THE PERIMETER OF THE PROPERTY ACCEPTED.
AND BEFORE WE VOTE ON THIS, WAS THERE ANYONE SIGNED TO SPEAK ON THIS? NO.
ANYONE ELSE LIKE TO ADD CALL VOTE.
COMMISSIONER OZUNA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR THE FINDINGS OF FACT.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER GOMEZ? YES, I CONCUR.
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.
YOU HAVE ANY QUESTIONS YOU CAN GET WITH STAFF? THANK YOU.
ALRIGHT, DOES ANYONE NEED A BREAK? YES, WE ARE GOING TO TAKE A SHORT BREAK.
SEE Y'ALL BACK IN SEVEN MINUTES.
WE'RE BACK IN SESSION ITEM SIX.
JOELLE VELA, SENIOR PLANNER WITH THE CITY OF SAN ANTONIO.
ITEM SIX IS BO OA DASH 26 DASH 1 0 3 0 0 8.
THE APPLICANT BEING ANDRES GARCIA IN DISTRICT FOUR.
THE ADDRESS IS 60 27 C PLACE AND THIS IS A REQUEST FOR A FIVE FOOT SIX INCH VARIANCE FROM THE MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A FOUR FOOT SIX INCH FRONT SETBACK.
THE SUBJECT PROPERTY IS GENERALLY LOCATED IN A SUBDIVISION BETWEEN LACKLAND AIR FORCE BASE TO THE NORTH AND MEDINA BASE ROAD TO THE SOUTH ALONG SEA COMER PLACE.
A CODE ENFORCEMENT INVESTIGATION OF THIS PROPERTY FOUND A CARPORT BEING BUILT WITHOUT A PERMIT AND A NOTICE OF VIOLATION WAS ISSUED.
THE PROPERTY OWNER OBTAINED A PERMIT ON APRIL 16TH AND SUBMITTED A SITE PLAN INDICATING A 10 FOOT FRONT SETBACK FOR CONSTRUCTION BUILDING.
STAFF FAILED A FRAMING INSPECTION FOR THIS CARPORT PERMIT ON MAY 14TH, 2026 FOR VARIOUS CONSTRUCTION RELATED RELATED ISSUES INCLUDING A FRONT SETBACK ENCROACHMENT.
UH, THE PROPERTY OWNER REQUESTS A VARIANCE FROM THE SETBACK STANDARDS TO KEEP THEIR CARPORT IN ITS CURRENT CONFIGURATION AND WITHIN THE IMMEDIATE SURROUNDING AREA, CARPORTS AT 60 47 AND 60 46 C COMER APPEAR TO HAVE CARPORTS WITH SIMILAR FRONT SETBACK ENCROACHMENTS.
HOWEVER, NO EVIDENCE OF PERMITS OR VARIANCE APPROVALS WERE IDENTIFIED FOR THOSE STRUCTURES.
UH, SHOWN HERE IS A SITE PLAN OF THE CARPORT LOCATION AND THE SUBJECT PROPERTY SHOWN HERE AND A BETTER VIEW
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OF THAT CARPORT.AND THAT'S LOOKING ACROSS THE FRONT YARD PLANE TO SHOW THAT FRONT SETBACK ENCROACHMENT AND THE SURROUNDING AREA.
AND THIS IS A CARPORT DOWN THE STREET TO THE WEST AT 60 46 C COMER AND ACROSS THE STREET FROM THAT AT 60 47 C COMER, UH, AGAIN WEST FROM THE SUBJECT PROPERTY STAFF.
RECOMMENDATION FOR THE CARPORT SETBACK VARIANCE STAFF RECOMMENDS DENIAL BASED ON THE FOLLOWING FINDINGS OF FACT FACT ONE ENFORCING THIS STANDARD WOULD NOT RESULT IN AN UNNECESSARY HARDSHIP AS THE CARPORT MAY STILL FUNCTION TO PROTECT OWNER'S VEHICLES WITHOUT INTER UH, INTERRUPTING THE OPEN SPACE PRESERVED BY THE MINIMUM REQUIRED SETBACK AREA AND TWO, GRANTING THIS VARIANCE WOULD IMPEDE THE ADJACENT RESIDENCE.
OPEN VIEW OF THE NEIGHBORHOOD FROM THEIR OWN FRONT YARDS AND NO OTHER AUTHORIZED CARPORTS WERE OBSERVED WITHIN THE IMMEDIATE SURROUNDING AREA.
ONE WAS RETURNED IN FAVOR, ZERO IN OPPOSITION, NO VOICEMAILS.
AND THERE'S NO NEIGHBORHOOD ASSOCIATION WITHIN THIS AREA.
THIS CONCLUDES STAFF'S PRESENTATION.
ARE THOSE COMPLIANT OR NOT IN COMPLIANCE? THESE SHOWN, THEY SEEM FAR, ARE SHOWN, UH, SIMILAR, UH, ENCROACHMENTS.
JUST WANNA MAKE SURE NO PERMITS FOR THESE.
ALL RIGHT, SO THE APPLICANT COME FORWARD.
I'M THE OWNER OF THE PROPERTY, MY WIFE AND I, MY WIFE.
MY WIFE AND I WANTED TO RENEW THE HOME AND WE WANTED TO PROTECT THE VEHICLES.
SO WHEN WE STARTED, WE DID IT WITHOUT PERMITS BECAUSE WE THOUGHT THE PERSON THAT WAS GOING TO DO IT WAS KNOWLEDGEABLE ABOUT THE CODES OF THE CITY.
MY NAME IS MARIA GARCIA AND WE WANTED TO DO THIS TO PROTECT OUR VEHICLES, AS YOU KNOW, IS REALLY VERY HOT OUTSIDE.
AND YOU CAN SEE HERE I HAVE A SPECIAL, UH, SPECIAL, UH, CHILD THAT WE WANTED TO PROTECT.
ORIGINALLY WE DIDN'T GET THE PERMITS, UH, WE WANTED, WE LEFT THE
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PERSON TO, TO DO AND I WAS GUIDING THE PERSON TO DO IT AT CERTAIN DISTANCE OF THE HOME.AND MY UNDERSTANDING IS THAT IT IS NOT UP TO THE, UH, THE UP, UP TO THE EDGE WHERE THE CITY, UM, IS, IS, IS A, IS A CITY PROPERTY.
I WANT TO LET YOU KNOW THAT IT'S REALLY VERY NICE, THE LENGTH, THE WIDE, EVERYTHING.
UH, SEVERAL PEOPLE HAVE COME TO US AND THEY HAVE ASKED US FOR THE PERSON THAT BUILD IT BECAUSE THEY LIKE IT AS WELL AND THEY ASK US FOR THE TELEPHONE NUMBER OF THE PERSON THAT BUILT IT TO DO IT.
I LIKE, I I LIKE IT VERY MUCH.
AND IF IT'S POSSIBLE TO ASK YOU IF WE CAN KEEP IT AS IS.
MY UNDERSTANDING IS THAT THERE ARE OTHER PLACES THAT THEY ARE SMALLER THAT WE HAVE, BUT THERE ARE OTHER PLACES THAT ALSO THEY HAVE THE SAME PLA THE SAME SIZE OF OURS AND OTHER PLACES THAT THEY HAVE THE SIMILAR LIKE US, THEY ARE UP TO THE EDGE WITH THE CITY BUT NOT OURS.
UM, ANY QUESTIONS FROM THE COMMISSION? COMMISSIONER ZUNA.
SO STAFF'S PRESENTATION SAID THAT IT WASN'T BUILT TO CODE.
IF ANYTHING WERE TO BE APPROVED HERE, THEY WOULD NEED TO BRING IT UP TO CODE AND IT WOULD NEED TO MEET ALL OF THE PERMITTING REQUIREMENTS OF THE CITY.
IF THEY UNDERSTAND THAT WHEN YOU ARE SAYING THAT NEEDS TO BE BUILT TO CODE, DOESN'T MEAN THAT THEY NEED TO CUT IT.
HAVE THEY APPLIED FOR A PERMIT ON THIS YET? CORRECT.
THEY DID APPLY FOR THEIR PERMIT AND THEY'VE ALREADY HAD THEIR FIRST INSPECTION DONE.
UH, THE DIALOGUE OF BRINGING IT INTO COMPLIANCE IS, IS CURRENTLY BEING HAPPENING, HAPPENING WITH BUILDING INSPECTIONS, CORRECT? YEAH.
FOR ANY OTHER ITEMS? YEAH, WE, WE JUST WANT TO MAKE SURE YOU'RE AWARE THAT WE'RE ONLY HERE FOR HOW CLOSE IT IS TO THE STREET AND NOT THE CONSTRUCTION.
IT'S, IT'S JUST IF IT'S TOO CLOSE TO THE STREET, THAT'S ALL WE'RE TALKING ABOUT TODAY.
BUT IT'S NOT SOMETHING THAT WE NEED TO CUT RIGHT NOW.
ALRIGHT, ANY QUESTIONS? COMMISSIONER MANNA? SO I SEE SEVERAL, UM, CARPORTS SIMILAR TO THIS IN THE COMMUNITY, SO, SO IT DOESN'T LOOK OUT OF THE ORDINARY THERE, BUT I, YOU KNOW, JUST TO HUMOR ME FOR A SECOND HERE, COULD YOU GO TO 6 0 3 8, UM, ON THE, ON THE SAME STREET AND SHOW THE SHOW THE VIEW THERE, UH, STREET VIEW AND THE REASON WHY, UM, UM, YOU KNOW, IF THIS WAS SO, SO SEE THE CANTILEVER THERE.
SO, SO THIS IS LIKE ONE OF THE FIRST TIME I'VE SEEN THIS BIG OF A CANTILEVER.
YEAH, THEY, AND IF THE BACK POST WAS BACK WITHIN PERMIT AND IT WAS FIVE FOOT OUT, THIS WOULD BE PERMITTED, CORRECT? CORRECT.
THE MEASUREMENT IS BASED OFF OF THE POSTS.
UM, AND THEN PAST THE 10 FOOT SETBACK, YOU ARE ALLOWED A FIVE FOOT CANTILEVER.
UM, AT ANY POINT IF YOU KNOW THEIR POSTS WERE ANY CLOSER OR THE OVERHANG WAS ANY CLOSER THAN THREE FEET, THEN YOU KNOW, WE WOULD GO BY THE ABSOLUTE CLOSEST POINT.
UM, THIS, YOU KNOW, WAS IDENTIFIED DURING OUR RESEARCH, UM, WITHOUT DOING ANY MEASUREMENTS ON IT, WE
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DEEMED THAT IT WAS MORE OR LESS COMPLIANT BECAUSE OF THE LOCATION OF THE POSTS HERE.YEAH, THAT'S, AND THAT'S ANOTHER QUESTION.
WHAT DO YOU CONSIDER? CAN I THOUGHT CANTILEVER MEANT THERE'S NOTHING UNDERNEATH OF IT? I MEAN, COULD THEY ANGLE IT ALL THE WAY DOWN TO THE GROUND OR SO AN OVERHANG IN THIS CASE I'M, I'M, MAYBE I'M MISUSING THE WORD CANTILEVER JUST 'CAUSE IT WAS THE ONE THAT WAS USED PRIOR, BUT YEAH, JUST THE, IF THERE'S AN OVERHANG THERE, IT'S ALLOWED TO BE FIVE FEET PROJECTING INTO ANY YARD.
THAT, THAT, THAT ANGLED POST IS REALLY ANGLED
RIGHT? I KNOW, BUT, BUT WELL TO ME THAT'S WHAT CANTILEVER MEANS IS, YOU KNOW, SUPPORTED POSTS OR SUPPORTED, YOU KNOW, FROM A STRUCTURE CAN, WELL WHEN WE, WHEN WHEN WE USE CANTILEVER, THAT MEANS NOTHING UNDERNEATH.
LIKE IT'S, IT'S SIMPLY JUST HOVERING.
BUT UH, BUT OF COURSE, I DON'T KNOW, I GUESS THE CITY CAN CHIME IN ON WHAT, HOW THEY LOOK AT THAT.
IF IT'S, IF IT'S LESS, IT DOESN'T GO MORE THAN HALF OR 45 DEGREES OR YEAH.
THE SECTION OF CODE THAT TALKS ABOUT THESE PROJECTIONS JUST TALKS ABOUT THEM AS THAT ARCHITECTURAL PROJECTIONS.
IT DOESN'T MAKE ANY DISTINCTION BETWEEN OVERHANG OR CANTILEVER OR THE WAY IT'S CONSTRUCTED.
IT'S JUST ANY ARCHITECTURAL PROJECTION.
SORRY FOR THAT ASIDE, BUT I, YOU KNOW, THIS ONE OF THE FIRST TIME I'VE SEEN SOMETHING AS GRAND AS THIS AND I KNOW THAT WE TALK ABOUT IT REGULARLY AND SO HERE WAS AN EXAMPLE OF SOME THAT I ENVISIONED, YOU KNOW, IN PRIOR DIALOGUES, RIGHT.
AND SO AND SO AS AN OPTION, YOU KNOW, SO FOR THE, FOR THE PERSON HERE, YOU KNOW, THIS IS AN OPTION HERE WHERE THEY WOULDN'T HAVE HAD TO PROBABLY, OR IT WAS STILL SIX INCHES WITHIN, SO, UH, THE ONE POST.
SO, SO IT WAS STILL NOT IN COMPLIANT.
SO ANY OTHER QUESTIONS? ALL ANYONE SEND HIM TO SPEAK? NO PUBLIC CALL.
ALRIGHT, SO I THINK WE'RE DONE UNLESS THERE'S SOMETHING ELSE YOU'D LIKE TO ADD.
NO, I WOULD LIKE TO ASK YOU IF SOME OF THE CHANGES COULD BE ALSO THE HEIGHT OR JUST THE LENGTH.
IT'S, WE'RE, WE'RE SOLELY DEALING WITH THE LENGTH.
THE HEIGHT IS NOT NOTHING TO DO WITH THE HEIGHT.
SO I'M LOOKING FOR A MOTION COMMISSIONER MAY REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 1 1 8.
I MOVE TO THE BOARD ADJUSTMENT GRANT REQUEST FOR A FIVE FOOT SIX INCH VARIANCE FOR A MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A CARPORT WITH A FOUR FOOT SIX INCH FRONT SETBACK SITUATED AT 6 0 2 7 C COER PLACE.
APPLICANT BEING ANDRES UH, GARCIA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH A LITTLE ENFORCEMENT OF PROVISIONS THAT THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE REQUESTED VARIANCE WOULD NOT BE CONTRARY TO PUBLIC INTEREST AS THE CARPORT IS ADEQUATELY SEPARATED FROM THE FRONT SETBACK TO PRESERVE FRONT YARD OPEN SPACE.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITTLE ENFORCEMENT WOULD RESULT IN UNNECESSARY HARDSHIP AS A CARPORT WOULD NOT FUNCTION TO PROTECT THE OWNER'S PROPERTY IF ESTABLISHED WITHIN THE PRESCRIBED SETBACKS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCE WOULD OBSERVE THE SPIRIT OF THE ORDINANCE AS THIS CARPORT IS SITUATED SUCH THAT OPEN FRONT SPACES ADEQUATELY PRESERVED ON THIS PROPERTY.
FOUR, THE VARIANCE IT'S NOT, UH, WILL NOT AUTHORIZE THE OPERATIONAL OF USE OTHER THAN THOSE USES SPECI SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT POURING PROPERTY OR ALTER ESSENTIAL CHARACTER OF THE DISTRICT, WHICH IS PROPERTY IS LOCATED.
THE CARPORT WOULD ADEQUATELY PRESERVE OPEN FRONT YARD SPACE AND WOULD NOT IMPEDE ON AN ADJACENT RESIDENCE'S OPEN VIEW OF THE NEIGHBORHOOD FROM THEIR OWN FRONT YARDS.
THE PLIGHT OF THE OWNER PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT, WHICH IS PROPERTY IS LOCATED APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS NOT DUE TO LIMITED FRONT YARD DEPTH FOR THE CONSTRUCTION OF A FUNCTIONAL CARPORT AND A MOTION.
SO, UM, LOOKING AT THE COMMUNITY, THIS UH, LOOKS ACTUALLY CONSISTENT WITH SEVERAL OF THE EXISTING CARPORTS THAT ARE THERE.
UM, IT IS, IT IS ACTUALLY FURTHER FROM THE STREET THAN SOME OF THE OTHERS.
UM, I MAY HAVE SOME ISSUES WITH WITH OTHERS THAT ARE THERE AND THERE ARE SOME OTHER STRUCTURES ON THE STREET THAT I DO QUESTION CONSIDERABLY, BUT WITHIN REGARDS TO THIS PARTICULAR, UH, CARPORT, I DON'T HAVE AN ISSUE WITH AT ALL.
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UH, I ALSO AGREE WITH MY COLLEAGUE.ELSE LIKE TO ADD HEARING UNANIM.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
[ Approval of Minutes ]
ONTO THE MINUTES.ANYBODY, UH, HAVE ANY LAST MINUTE CHANGES OR LOOKING FOR A MOTION? MOTION TO APPROVE THE MINUTES.
MOVED SECOND BY COMMISSIONER ZUNA IN FAVOR SAY AYE.
ANY OPPOSED? NOT HEARING NONE.
UH, IS THERE A DIRECTOR'S REPORT TODAY? UH, NO DIRECTOR'S REPORT TODAY.
IS THERE ANYTHING COMING UP, UH, SCHEDULE CHANGES, LABOR DAY HOLIDAY KIND OF STUFF THAT CHANGES? NO, NO.
UH, UPCOMING CHANGES THAT WE'RE SEEING RIGHT NOW.
UM, THE CITY CLERK'S OFFICE DID ADVERTISE POSITIONS FOR BOA COMMISSIONERS.
UM, I'M NOT SURE IF Y'ALL SAW THAT OR NOT.
SO HOPEFULLY WE GET SOME MORE COMMISSIONERS HERE IN THE NEAR FUTURE.
OH, FOR THE, UH, ALTERNATES? CORRECT.
WELL, UM, I AM GLAD EVERYONE HAD A GREAT TIME TODAY.
SO