[00:00:04]
UH, WELCOME TO THE SAN ANTONIO BOARD OF ADJUSTMENTS.
[Call to Order]
I'D LIKE TO TAKE A MOMENT, UH, NOW TO RECOGNIZE A, UH, UH, VERY IMPORTANT PERSON IN THE CITY OF SAN ANTONIO.UH, MS. HELEN NER, WHO PASSED AWAY ON THE 19TH OF JANUARY, UH, SHE WAS PRACTICALLY ON EVERY BOARD AND DID A LOT OF GOOD FOR THE CITY OF SAN ANTONIO.
SO I'M GONNA GIVE UH, A MINUTE HERE FOR EVERYONE TO RECALL HER HISTORY AND HER CONTRIBU CONTRIBUTION TO THE CITY OF SAN ANTONIO.
MS. STUT HAD A TREMENDOUS HISTORY, AND, AND, UH, EVERY SINGLE ONE OF US THAT'S BEEN ON ANY BOARD WOULD RECOGNIZE, UH, HER LEADERSHIP MADE A TREMENDOUS CONTRIBUTION TO THE CITY OF SAN ANTONIO.
NOW, ON TO THE, TO THE MEETING.
WE SAW THE, UH, VIDEO A MINUTE AGO OF THE, UH, SPANISH TRANSLATOR.
ANY OF THOSE THAT NEED TRANS SPANISH TRANSLATION, UH, BEHIND THAT SCREEN OVER THERE, YOU CAN GET ASSISTANCE.
BEFORE WE BEGIN, PLEASE BE KIND ENOUGH TO SILENCE ALL MOBILE DEVICES.
THE MEETING OF THE BOARD OF ADJUSTMENTS WILL COME TO ORDER.
MS. FISHER? PRESENT MR. BATTLE PRESENT.
PLEASE STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAG.
BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION.
THE BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ON THE TABLE, JUST OUTSIDE THE BOARDROOM, AND CASES ARE LISTED BY NUMBER WITH THE NAMES OF, OF THE APPLICANT'S AND STREET ADDRESSES.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FOR THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE MEMBER BOARD BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS CHAIR AND I WILL READ THEM AT THE APPROPRIATE TIME.
IN THE MEETING, THE BOARD'S ROLES AND RESPONSIBILITIES, WE ARE PRIVATE CITIZENS APPOINTED TO THE 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 SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR ILLEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWER POWERS HAVE BEEN GRANTED BY US, BY THE STATE LEGISLATURE AND CITY SAN ANTONIO COUNCIL.
THEY ARE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DECISIONS DETERMINATION MADE BY ADMINISTRATIVE OFFICIALS IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES AND THE ZONING REGULATIONS REQUIRED IN THE CHAPTER 5 35.
WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY FOR THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING, UH, REQUESTS FOR THE VARIANCES AND REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES
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IN ANY OTHER MATTERS AUTHORIZED BY CITY COUNCIL.UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE BOARD'S DECISIONS AND APPEALS, EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE PASSED, MUST BE BASED UPON FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD BY THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THEIR PETITION AND THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST AND WILL BE, WILL ALSO BE, UH, HANDLED IN THE SAME MANNER.
AFTER EVERYONE HAS BEEN HEARD IN THE CASE, IT WILL BE CLOSED AND THE MEMBER OF THE BOARD WILL TAKE, MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THEIR MOTION.
IN ORDER FOR THE 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 GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM THE ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE THROUGH THE DISTRICT COURT OR COURT COUNTY COURT OF LAW BASED UPON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL, AND PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS OF THE, OF YOUR CASE.
WHO'S GOT THE LIST OF, ALL RIGHT, UH, CASE NUMBER ONE HAS BEEN POSTPONED.
[2. 20-1452 BOA-19-10300165: A request by Elva Laureano for a special exception to allow a one operator beauty barber shop in a single-family residence, located at 245 Isabel. Staff recommends Approval. (Council District 3) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)]
CASE NUMBER TWO B O A 19 1 0 3 0 0 1 6 5.CASE NUMBER 1 4 4 FRANCISCO RODRIGUEZ.
UH, CARLOS, CASE NUMBER 1 6 6 CARLOS ATA, CASE NUMBER 1 7 0.
CASE NUMBER, UH, 1 7 1 JAVIER SALAS AND CASE NUMBER 1 72, UH, PRISCILLA HURT.
NOW STAFF WILL GIVE A BRIEF PRESENTATION ON INSTRUCTIONS ON SPEAKING TIMES FOR THE WITNESSES.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY CHECK MARKS.
INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND ANNEX INDICATES THOSE PROPERTY OWNERS IN OPPOSITION FOLLOWING THIS PRESENTATION AND ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION.
YOU'LL, YOU WILL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION.
YOU WILL HEAR THIS WHEN THERE ARE 30 SECONDS LEFT, YOU'LL HEAR ANOTHER BEEP AND WE WILL INFORM YOU THAT YOUR THREE MINUTES ARE UP.
FOR THOSE THAT WILL LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
I BELIEVE, UH, WE'LL NOW CALL FOR THE FIRST CASE ON THE AGENDA CHAIR, IF WE COULD JUST, UH, WANT TO ANNOUNCE THE POSTPONEMENT FOR THE RECORD.
SO THE A CASE 1 67 LOCATED AT 1 0 6 0 3 WEST AVENUE WAS POSTPONED AND WE'LL BE BROUGHT BACK AT ANOTHER DATE AFTER A NOTIFICATION IS SENT OUT.
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NO, NO MOTION IS REQUIRED.THIS IS FOR BO O A 19 1 0 3 0 0 1 6 5.
THE ADDRESS OF 2 4 5 ISABEL STREET.
APPLICANT BEING ELVA LONO, IT'S A QUEST FOR A SPECIAL EXCEPTION TO ALLOW A ONE HOUR BEAUTY BARBERSHOP IN A SINGLE FAMILY HOME.
SONY IS RESIDENTIAL SINGLE FAMILY.
UH, THE APPLICANT HAS PROPOSED HOURS OF OPERATION IS MONDAY THROUGH SATURDAY, 8:30 AM UNTIL SIX 30 BY APPOINTMENT ONLY.
UH, THE ONLY COSMETOLOGIST AT THE LOCATION, UH, SHE HAS A LARGE DRIVEWAY WHICH PROVIDES AMPLE OFF STREET PARKING FOR CUSTOMERS.
THE APPLICANT COMPLIES WITH ALL THE UNIFIED DEVELOPMENT CODE AND THE BOARD OF ADJUSTMENT CAN APPROVE THE SPECIAL EXCEPTION FOR UP TO TWO YEARS.
THE APPROVAL IS SUBJECT TO THE APPLICANT MEETING LIMITATIONS, CONDITIONS, AND RESTRICTIONS STATED IN THE CODE IS THE PROPERTY OF 2 4 5 ISABELLE PROPERTIES, PROPERTIES, AND THIS IS ISABELLE STREET TO THE EAST AND WEST THAT RECOMMENDS APPROVAL A SPECIAL EXCEPTION OF BO A 19 1 0 3 0 0 1 65 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUEST MEETS ALL CRITERIA FOR GRANTING THE SPECIAL EXCEPTION AND THIS IS NOTIFICATION PLAN.
ZERO IN FAVOR, ZERO IN OPPOSITION.
IS THERE ANY QUESTIONS, CRUZ, MS. CRUZ, GO AHEAD.
UM, I'M ASSUMING THIS IS HER FIRST TIME THAT SHE'S APPLYING? I, YES, MA'AM.
ANY OTHER QUESTIONS? THANK YOU.
LET'S BRING THE APPLICANT FORWARD.
WE'RE GONNA NEED YOUR NAME AND ADDRESS FOR THE RECORD.
ALRIGHT, NOW WE JUST NEED TO EXPRESS YOURSELF ON WHAT YOU'RE ASKING FOR.
I WOULD LIKE TO GET A PERMIT SO I CAN OPEN A BEAUTY SHOP IN MY HOUSE PRODUCTIVE IN ORDER TO BE MORE PRODUCTIVE, WHICH I THINK I COULD BE REPETITION AND I THANK YOU FOR, UH, TAKING YOUR TIME TO CONSIDER MY PETITION.
UH, DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? I DON'T, UH, SEE ANY COMPLAINTS OR ANYTHING THAT REALLY WOULD DISMISS THIS, SO I WOULD, UH, IS THAT ELLI? OH, DOCTOR, PLEASE.
UM, COULD YOU CLARIFY THE NUMBER OF HOURS THAT YOU'RE GONNA BE OPEN? YOU NEED TO BE OPEN, IT'S LESS THAN 40, CORRECT? IS THERE WILL SHOW THAT'S FROM EIGHT 30 TO SIX 30.
THAT'S FOR THE PEOPLE TO ACTUALLY CONSIDER TO COME TO THE, IF I CAN GET THE PERMIT.
UH, SO QUESTION FOR STAFF, UH, WITH A 40 HOUR LIMIT, IS THAT WITH A 40 HOUR LIMIT? IS THAT SOMETHING THAT, UH, WE CAN CONSIDER A, A WINDOW FOR APPOINTMENTS AS LONG AS SHE DOESN'T EXCEED 40 AND APPOINTMENTS? OR DOES IT, BUT BECAUSE THE MOTION INCLUDES 50 HOURS, IS THAT SOMETHING THAT'S, WE'RE LOOKING AT THE E D C RIGHT NOW? UH, WE'LL, ONCE WE GET THAT INFORMATION, WE'LL, WE'LL CLARIFY.
UM, JUST ON THAT ISSUE, I NOTICED IN THE PACKET THAT WENT BY, SHE DID INCLUDE A LUNCH BREAK IN EACH OF THOSE DAYS IN A DRAFTED, OUT SCHEDULED, IT WAS VERY PRECISE.
THAT MAY REDUCE THE TOTAL NUMBER OF HOURS WITHIN THE WEEK TO WHERE THIS ISN'T A CONCERN WITH THE QUESTION MARK AT THE END OF THAT STATEMENT.
YES, I THINK WE'VE, WE'VE HAD IT VERBALLY CLARIFIED IN THE PAST.
THERE'S NO LIMITATION IN THE U D C.
IT JUST TALKS ABOUT THE CLARIFICATION OF THE HOURS, BUT THERE'S NO 40 HOUR LIMITATION.
THE BOARD CAN SET A LIMITATION IF THEY SO CHOSE.
[00:15:01]
SHE'S PRETTY MUCH SET HER LIMITATIONS ON HER APPLICATION, SO WE DON'T NEED TO CONCERN OURSELVES WITH THAT.I'M GOING TO GO AHEAD AND CLOSE THIS, UH, TO THE PUBLIC AND, UH, THERE'S ONE PERSON SIGNED UP.
WELL THEN LET'S HEAR FROM THE INDIVIDUAL.
ADDRESS IS 1 7 3 7 HICKS AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 0.
ARE YOU, ARE YOU IN SUPPORT OF THIS APPLICATION? YES.
UH, I'M HERE TO VOICE MY IN-PERSON, UH, SUPPORT OF, UM, MS. ANOS ENDEAVOR.
ANYONE HAVE ANY QUESTIONS FOR DENISE? LOT OF NEW PEOPLE HERE.
HOW'S IT FEEL TO BE ON THAT SIDE OF THE PODIUM,
UM, MISS ANO
THANKS FOR COMING OUT IN SUPPORT OF HER.
SO IF I MAY ADDRESS HER SCHEDULE CONCERNS, SHE'S, UM, SHE HAS A VERY PRECISE, UH, SCHEDULE BECAUSE, UH, SHE ALSO PICKS UP HER GRANDCHILD, UM, THE MOST IMPORTANT PERSON IN THE WORLD TO HER, UH, FROM SCHOOL AND GETS HIM FED.
UM, AND THEY HAVE TO TAKE CARE OF DOGS AND STUFF, SO WE ALLOW A HUGE CHUNK IN THE MIDDLE OF HER DAY FOR THAT.
UM, AND I WILL ASSURE YOU SHE DOES NOT GO OVER 40 HOURS A DAY
WELL, THAT'S, THAT'S NICE OF YOU.
UM, I'M GLAD THAT SHE'S GOT A FRIEND THAT WILL SUPPORT, BUT, UH, IT SOUNDS TO ME LIKE SHE'S AN OUTSTANDING INDIVIDUAL, SO THANK YOU FOR YOUR TIME.
THANK YOU FOR YOUR CONSIDERATION, UM, AND THE TIME THAT YOU DEVOTE TO THIS BOARD.
SO NOW, ANY OTHER, NOBODY ELSE END TO SPEAK.
ALL RIGHT, NOW I'M CLOSING THIS TO THE PUBLIC.
I'LL ENTERTAIN A MOTION FROM THE BOARD, RAGMAN RAGMAN, PLEASE.
REGARDING CASE NUMBER BO O A DASH ONE NINE DASH 0 3 1 65.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT, SPECIAL EXCEPTION TO ALLOW A ONE OPERATOR BEAUTY SLASH BARBER SHOP IN A SINGLE FAMILY HOME WITH LIMITED HOURS OF MONDAY THROUGH SATURDAY FROM 8:30 AM TO 6:30 PM BY APPOINTMENT ONLY SITUATED AT 2 45 ISABEL STREET, APPLICANT BEING ELVA, UH, LORIANO BECAUSE OF THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE PURPOSE OF THE REVIEW IS TO ENSURE THE OPERATION OF ONE OPERATOR BEAUTY SLASH BARBERSHOP DOES NOT NEGATIVELY IMPACT THE CHARACTER OF THE COMMUNITY.
THE APPLICANT HAS FULFILLED ALL REQUIREMENTS FOR A ONE OPERATOR SHOP AS ESTABLISHED IN THE UNIFIED DEVELOPMENT CODE.
AS SUCH, STAFF FINDS THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE PURPOSE OF THE CHAPTER B.
THIS PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SUB, UH, SERVED.
PUBLIC WELFARE AND CONVENIENCE WILL BE SERVED AS IT WILL PROVIDE A VARIABLE, A VALUABLE SERVICE TO THE RESIDENTS OF THE NEIGHBORHOOD.
THE APPLICANT HAS PROPOSED THE HOURS OF MONDAY THROUGH SATURDAY FROM 8:30 AM TO 6:30 PM BY APPOINTMENT ONLY C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE SUBJECT PROPERTY WILL BE PRIMARILY USED AS A SINGLE FAMILY RESIDENCE.
THE BEAUTY SLASH BARBER SHOP WILL OCCUPY ONLY A SMALL PORTION OF THE HOME AS REQUIRED BY THE U D C.
A NEIGHBORING PROPERTY OWNER SHOULD NOT HAVE ANY INDICATION THAT A PORTION OF THE HOUSE IS BEING USED FOR THIS PURPOSE.
D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS STILL USED PRIMARILY AS RESIDENTS.
E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPEC FOR THE SPECIFIC DISTRICT.
THE PRIMARY USE OF THE DWELLING REMAINS A SINGLE FAMILY HOME.
THE GRANTING OF THE SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSE PURPOSES OF THE RESIDENTIAL ZONING DISTRICT.
WHO WAS THE SECOND? EVERYBODY.
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UM, I AM IN FULL SUPPORT OF THIS MOTION AND I COMMEND YOU FOR PROVIDING A SERVICE TO THE NEIGHBORHOOD.SMALL BUSINESSES LIKE THIS ARE THE BACKBONE OF OUR ECONOMY, SO, UM, VERY SUPPORTIVE OF THIS.
I TOO WILL BE IN SUPPORT OF THIS.
IT'S, IT'S GREAT TO SEE, UM, PEOPLE CREATE OPPORTUNITIES FOR THEMSELVES AND OPPORTUNITIES FOR THEIR FAMILY, AND I'M JUST HAPPY THAT WE GET TO APPROVE THIS.
LET'S GO AHEAD AND TAKE A VOTE ON THIS.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. BATTLE? YES, I CONCUR MR. MARTINEZ.
I DO CONCUR WITH THE FINDINGS OF FACT.
[3. 20-1516 BOA-19-10300168: A request by Durand-Hollis Rupe Architects for a request for a 25 ’variance from the 30’ Type E landscaping bufferyard requirement to allow a 5’ buffer yard along the West property line, located at 811 Jackson Street. Staff recommends Approval. (Council District 1) (Kayla Leal, Senior Planner (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)]
KAYLA LEAL WITH UH, DEVELOPMENT SERVICES CASE BO O A 19 103 0 0 1 68.THE SUBJECT PROPERTY IS LOCATED AT EIGHT 11 JACKSON STREET.
THE APPLICANT IS REQUESTING A 25 FOOT VARIANCE FROM THE 30 FOOT TYPE E LANDSCAPING BUFFER YARD REQUIREMENT.
UH, THIS WOULD ALLOW A FIVE FOOT BUFFER YARD ALONG THE WEST PROPERTY LINE.
THE ZONING IS C TWO P, UH, COMMERCIAL PEDESTRIAN DISTRICT SUBJECT PROPERTY.
SUBJECT PROPERTY IS CURRENTLY VACANT.
IT IS A BUDDING COMMERCIAL AND INDUSTRIAL ZONING.
UH, THE USES OF THE SURROUNDING AREA INCLUDES SINGLE FAMILY, AN AUTOMOTIVE SHOP, AND A VACANT PORTION OF A LOT THAT'S DIRECTLY BEHIND IT.
UH, THE, UM, APPLICANT IS REQUESTING THE VARIANCE FOR THE BUFFER YARD.
UM, THIS WOULD REDUCE THAT BUFFER YARD THAT'S REQUIRED BETWEEN THE PROPERTY ITSELF AND THE PROPERTY ON THE WEST SIDE.
THE STAFF RECOMMENDS APPROVAL OF THE VARIANCE, UH, BASED BASED ON THE FOLLOWING FINDINGS OF FACT.
UH, ONE, THE BUFFER YARD REDUCTION WILL NOT ELIMINATE THE BUFFER YARD COMPLETELY.
UH, THE APPLICANT IS STILL REQUIRED TO INCLUDE LANDSCAPING TO CONSTRUCT ON THE PROPERTY, AND THE REQUEST WILL STILL OBSERVE THE SPIRIT OF THE ORDINANCE.
20 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.
RETURN IN FAVOR, ZERO IN OPPOSITION.
UM, THERE WAS NO RESPONSE FROM THE FIVE POINTS NEIGHBORHOOD ASSOCIATION AND THERE WAS ONE RESPONSE IN FAVOR, UM, FROM A PROPERTY OWNER THAT'S OUTSIDE OF THE 200 FOOT BOUNDARY.
LEMME KNOW IF YOU HAVE ANY QUESTIONS.
OKAY, SO, UH, JUST, JUST TO CLARIFY, I'M LOOKING AT THE SITE PLAN THAT'S IN THE FILE AND IT, IT, IT LOOKS LIKE THERE, THEY'RE ACCOUNTING FOR A, I KNOW WE'RE HERE TO TALK ABOUT BUFFERS, BUT IS THERE OTHER VARIANCES THAT WERE LEFT OUT OF THE APPLICATION, LIKE NAMELY DRIVEWAY THROAT? IS THAT SOMETHING THAT THIS APPLICATION'S LACKING? I I DIDN'T CATCH THAT LAST PART THAT YOU SAID DRIVEWAY.
WELL, I'M JUST MAKING SURE THAT, THAT, UH, WHEN THIS THING GOES THROUGH AND ACTUALLY GETS A PERMIT, I'M CURIOUS TO KNOW IF STAFF IS GOING TO WANT THEM TO PUSH THE PARKING, UH, FURTHER AWAY FROM THE PROPERTY FRONT PROPERTY LINE, WHICH COULD HAVE AN EFFECT OF POTENTIALLY EITHER REDUCING THE BUFFER THAT THEY'RE DOING IN THE BACK OR HAVE OTHER, SOME OTHER CONCERN LIKE HAVING TO COME BACK BEFORE THIS BOARD.
SO I'M JUST CURIOUS TO KNOW IF THAT'S, UM, SOMETHING STAFF LOOKED AT.
WE'D HAVE TO DOUBLE CHECK ON THAT.
I'M NOT SURE THAT IT DID GO THROUGH, BUT, UH, TOM CARRASCO WAS PART OF THIS PROCESS.
HE'S THE ENGINEER FOR VIA AND, UM, I BELIEVE THAT WAS LOOKED AT THEN, BUT I'M NOT SURE.
TOM RASCO FACILITIES ENGINEERING MANAGER VIA METROPOLITAN TRANSIT.
UH, TO ANSWER YOUR QUESTION, WE ARE STILL WORKING WITH THE PERMIT DEPARTMENT ON THAT, AND WE ALREADY HAVE, WE DO HAVE TO MOVE IT BACK FOR THE THROAT LENGTH BACK IN ANY OF THE REQUIREMENTS.
SO WE'RE IN THAT PROCESS AND WE WILL NOT, UH, SEEK AN A VARIANCE FOR ANY OF THAT.
[00:25:01]
CODE.I JUST WANTED TO MAKE SURE THAT WHAT YOU'RE ASKING FOR IS NOT, IS NOT GONNA BE A HINDRANCE TO WHAT YOU ARE ATTEMPTING TO GET PERMITTED.
MR. NF, RELATED TO THE BUFFER REQUIREMENTS, IS THERE NO BUFFER REQUIREMENT TO THE THREE SINGLE FAMILY RESIDENCES TO THE NORTH? I'M SURE THAT WAS EXPLAINED IN THE PRESENTATION, BUT I MISSED IT.
IT ONLY APPLIES TO THE ZONING ITSELF.
SO WE'VE GOT C TWO P UP TO THE NORTH OF IT, I THOUGHT OVER ALL THESE YEARS, I HAD HEARD THOUGH THAT IF A SINGLE FAMILY RESIDENCE WAS BEING USED AS SUCH EE PROPERTY, THAT IT STILL REQUIRED THE REQUIREMENTS THAT WOULD BE OF A RESIDENTIAL.
THE DIFFERENCE IS WITHIN THE SETBACK.
SO WITH THE SETBACK SECTION OF CODE, WHAT IT SAYS IS EITHER YOUR RESIDENTIAL USE OR RESIDENTIAL ZONE, A SETBACK WOULD REQUIRE, BUT IN THE BUFFER SECTION IT REFERS TO THE ZONING ONLY.
SO IT DOESN'T MATTER THAT THERE'S SINGLE FAMILY RESIDENCES NEXT DOOR WE'RE RESPECTING THAT'S CORRECT.
IT'S BECAUSE IT'S ZONED COMMERCIALLY.
UM, IF IT WAS A SETBACK VIOLATION OR A SETBACK ISSUE, YES, THAT WOULD APPLY BECAUSE THEY'RE RESIDENTIAL USES.
THE BUFFER DOESN'T REFER TO THAT.
AND WHAT IS THE ZONING OF EIGHT 11 JACKSON? THE SUBJECT PROPERTY C TWO P AS WELL.
ANY OTHER QUESTIONS? ALL RIGHT, LET'S BRING THE APPLICANT FORWARD.
UM, YOU, MY ADDRESS IS, UH, ON HENER ROAD 1 4 6 0 3 HENER ROAD.
I'M SORRY, 1 6 3 1 1 HIDDEN, UH, YEAH, HENER ROAD.
UM, THIS IS JUST ABOUT THE, THE BUFFER, YOU KNOW, THE, UH, DEDUCTION TO A FIVE FOOT BUFFER.
IT'S VERY SIMILAR, VERY SIMILAR TO THE SITE PLAN THAT YOU HAVE.
I JUST JUMPED INTO THIS, BUT I ALSO WANT TO THANK YOU FOR YOUR SERVICE.
AND, UH, I WAS SADDENED TO HEAR ABOUT, UH, HELEN DUBER 33 YEARS AGO.
SHE HELPED ME START D H R ARCHITECTS AND SO, UH, BOTH AT THE CITY AS WELL AS AT THE COUNTY.
UH, I DON'T KNOW HOW MANY JOBS AND HOW MANY TAXES WE'VE BEEN ABLE TO PAY OVER THOSE 33 YEARS.
I WAS HAVING TO HEAR OF HER PAST.
VERY SIMPLY, THIS IS THE BUFFER YARD AT THE REAR OF THE PROPERTY.
UH, AS HAS BEEN MENTIONED, THERE'S, IT'S COMPATIBLE WITH THE ZONING.
UH, WE WORKED ON EVERYTHING ELSE, UH, AND WE ARE STILL WORKING ON THE PERMITS FOR THE DRIVEWAY.
RESPECTFULLY, ASK FOR YOUR CONSIDERATION.
OH, ALL THAT IS IS, UH, THAT SITE PLAN JUST SHOWS THE, THE TREES.
IT'S HIGHLIGHTED A LITTLE BIT MORE.
UH, IT'S, WE'RE NOT ABLE TO GET A ENLARGEMENT OF THAT.
THERE'S A LARGE PECAN TREE IN THAT ISLAND THAT YOU'LL SEE TO THE, IF YOU'RE LOOKING AT THE SITE PLAN, IT'S KIND OF ON THE RIGHT SIDE.
IT'S A FAIRLY LARGE ESTABLISHED PECAN.
THE OTHER ONES ARE HACK BERRIES THAT ARE NOT IN VERY GOOD CONDITION, USED TO TECHNOLOGICAL DIFFICULTIES HERE.
UH, WE'LL COMPLY WITH THE LANDSCAPE ORDINANCE, UH, BOTH ON THE, THE FRONT AS WELL AS AT THE REAR BUFFER.
THE LARGE TREE THERE IN THE CENTER IS A PRETTY WELL ESTABLISHED.
UH, ANY QUESTIONS? ORIAN? SO, UH, I, I FEEL GOOD ABOUT THE, UH, UM, HOW THIS IS GONNA BE LAID OUT.
BUT NOW I HAVE A CONCERN AFTER SEEING YOUR, YOUR EXHIBIT
[00:30:01]
ARE THE TREES THAT ARE WITHIN THE FIVE FEET, ARE THOSE NEW OR EXISTING IN THE REAR? ALL THE ONES THAT WE SHOW ARE NEW, BUT THERE'S AN EXISTING ONE IN THAT BIG ISLAND THERE.SO ARE, ARE YOU USING THE FIVE FOOT BUFFER TO PROVIDE, UH, A TURNAROUND FOR THE PARKING, LIKE A THREE POINT TURNAROUND FOR SOME OF THOSE NINE DEGREE PARKINGS IN THE BACK.
AND WHAT, AND WHAT I'M WONDERING IS, IS THAT IF WE GO DOWN TO A FIVE FOOT BUFFER, USUALLY YOU, YOU ACCOUNT FOR FIVE FEET FOR A CAR TO BACK OUT AND TO COME IN.
AND I DIDN'T KNOW THAT IF WE, UH, UM, ALLOW FOR A FIVE FOOT BUFFER, ARE THEY ALLOWED TO FOLLOW THE, THE AVERAGE RULE TO WHERE THEY COULD STILL USE IT AS PART OF A THREE POINT TURN WHEN ATTEMPTING TO, TO LEAVE THE PARKING LOT? SO WHEN IT'S GOING TO GO THROUGH THE FINAL REVIEW WITH THE STREETS ENGINEERING SECTION, UH, THEY MAY NEED TO MAKE SOME MODIFICATIONS TO ALLOW FOR THOSE THINGS, BUT ALL THE BOARD IS, UH, LOOKING AT IS THE, UM, BUFFER LIMITATION OR THE VARIANCE TO THAT.
AND THEN FROM THERE, THEY'LL HAVE TO WORK WITH WHAT THEY WERE GIVEN IF APPROVED TODAY, AND THEN, UM, MAKE WHATEVER MODIFICATIONS THAT THEY NEED TO MAKE DURING THAT REVIEW PROCESS.
WE HAVE ANY WITNESSES? THERE'S NOBODY SIGNED UP.
UH, THEN I'M GOING TO GO AHEAD AND CLOSE THIS TO THE PUBLIC.
YOU MAY HAVE A SEAT AND I'M ENTERTAINING A MOTION FOR THIS ELLI.
REGARDING CASE NUMBER BO A DASH 19 DASH 0 3 0 0 1 6 8 ADJUSTMENT.
GRANT, A REQUEST FOR THE 25 FOOT VARIANCE FROM THE 30 FOOT TYPE E LANDSCAPING BUFFER YARD REQUIREMENT TO ALLOW A FIVE FOOT BUFFER YARD ALONG THE WEST PROPERTY LINE, SITUATED AT 8 1 1 JACKSON STREET, APPLICANT BEING DURAND HOLLIS ROOF.
UM, ARCHITECTS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS A BUFFER YARD WOULD STILL BE PROVIDED BY THE APPLICANT DUE TO THE SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN, IN UNNECESSARY HARDSHIP.
STAFF CANNOT FIND ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
STAFF HAS ADVISED, STAFF HAS ADVISED THE APPLICANT OF ALTERNATIVE SOLUTIONS, WHICH MAY RESULT IN A SIMILAR FASHION WHI UM, WHICH THE APPLICANT ALSO EXPLORED BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE ORDINANCES DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT EXACT LETTER OF THE LAW.
THE INTENT OF THE BUFFER BUFFER YARD REQUIREMENTS IS TO PROTECT LESS INTENSE LAND USES FROM THOSE OF MORE INTENSITY.
HOWEVER, IN THIS CASE, THE BUFFER YARD IS BEING IMPOSED ON THE COMMERCIALLY ZONED PROPERTY, WHICH IS ABUTTED BY A PROPERTY ZONED INDUSTRIAL.
A BUFFER YARD WILL STILL BE REQUIRED SO THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
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 REQUESTED VARIANCE WILL NOT SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
STAFF DOES NOT FIND ANY UNIQUE CIRCUMSTANCES THAT WARRANT THE GRANTING OF THIS REQUEST.
MOREOVER, THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL END OF MOTION.
WE HAVE A MOTION AND A SECOND.
UH, DOCTOR, WOULD YOU LIKE TO START THE DISCUSSION? YEAH, I, UM, I'M GONNA BE IN, IN SUPPORT OF THIS, UM, MOTION.
I THINK WHAT THEY PRESENTED WAS REASONABLE.
HE STILL HAS TO ADDRESS SOME ISSUES THAT WERE NOT, UM, THE PURVIEW OF THE BOARD OF THIS BOARD, BUT, UM, BUT I FEEL COMFORTABLE WITH WHAT HE IS PROPOSING AND CAN SUPPORT IT.
GO AHEAD MR. UH, I'LL ALSO BE IN SUPPORT OF THIS.
I I DO LIKE HEARING THAT THEY'RE GONNA MEET ALL THE OTHER OBLIGATIONS THAT THEY'LL HAVE TO WHEN THEY MOVE FORWARD WITH THIS PROJECT.
UH, I'D ALSO LIKE TO ADD THAT THE, UH, THE BUDDING PROPERTY, UH, TO
[00:35:01]
THE WEST, UH, WHICH IS ON I ONE ALSO REQUIRES A 30 FOOT BUFFER.AND THEY APPARENTLY HAVE MUCH MORE THAN THAT.
AND THERE IS A PROVISION IN THE U D C THAT ALLOWS A 50% REDUCTION, UH, WHEN YOUR NEIGHBOR HAS, UH, THE NET REQUIREMENT.
SO I THINK THAT THEY DON'T EVEN, I MEAN, PERSONALLY I THINK THEY MAY NOT EVEN NEED 30, THEY PROBABLY ONLY NEED 15.
AND SO GOING DOWN TO FIVE, UH, KNOWING THAT THEY'RE GONNA, UH, MAINTAIN SOME OF THE EXISTING TREES AND COMPLY WITH THE U D C AS THEY MOVE FORWARD IS, UH, GOOD ENOUGH FOR ME.
ALRIGHT, ANYONE ELSE? ALL RIGHT.
THEREFORE THEN LET'S GO AHEAD AND, UH, HAVE, UH, A VOTE.
TERELLI, I CONCUR WITH THE FINDING OF FACT.
MS. DORIAN, I CONCUR WITH THE FINDINGS OF FACT.
MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH, WITH THE FINDINGS OF FACT.
UM, CA MOTION CARRIES, UH, PLEASE GET WITH THE STAFF TO COMPLETE THE PROCESS.
[4. 20-1512 BOA-19-10300156: A request by Yma Luis for a request for 1) a variance from the restriction of corrugated metal as a fencing material to allow for its use as a fencing material and 2) a variance from the Clear Vision standards to allow a fence to be within the Clear Vision field, located at 1638 Santa Monica Street. Staff recommends Denial. (Council District 1) (Kayla Leal, Senior Planner, (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)]
B O A CASE 19 1 0 3 0 0 1 5 6.THE SUBJECT PROPERTY IS LOCATED AT 1638 SANTA MONICA STREET.
THE APPLICANT IS REQUESTING A VARIANCE FROM THE RESTRICTION OF CORRUGATED METAL, UH, TO ALLOW THE FENCING MATERIAL, UM, THAT'S CURRENTLY THERE.
AND YOU WILL SEE, UH, THE SECOND VARIANCE REQUEST IS FROM THE CLEAR VISION STANDARDS TO ALLOW THE FENCE TO BE WITHIN THE CLEAR VISION FIELD.
THE ZONING OF THE SUBJECT PROPERTY IS R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT.
THE SUBJECT PROPERTY ADJACENT PROPERTIES SURROUNDING NEIGHBORHOOD.
SO THE SUBJECT PROPERTY DOES CONTAIN A SINGLE FAMILY HOME.
IT'S LOCATED AT THE SOUTHWEST CORNER OF SANTA MONICA STREET AND BUCKEYE STREET.
UH, THE PROPERTY OWNER OBTAINED A FENCE PERMIT IN JUNE OF 2018.
UM, IT WAS CONSTRUCTED INCLUDING WOOD AND THE CORRUGATED METAL AS SHOWN IN THE, IN THE PICTURES.
UH, IT IS CONSTRUCTED INTO THE CLEAR VISION FIELD ALONG THE SIDE PROPERTY LINE.
AND IN ALONG THE ALLEY, THE FENCE ALONG THE WEST SIDE OF THE PROPERTY IS NINE FEET, SEVEN INCHES FROM THE STREET.
THAT RECOMMENDS DENIAL OF THE SPECIAL EXCEPTION BASED UPON THE FOLLOWING FINDINGS OF FACT.
UH, ONE, THE FENCE IS NOTICEABLY OUT OF CHARACTER WITH THE COMMUNITY.
TWO, THE SOLID PORTION OF THE FENCE OBSTRUCTS THE CLEAR VISION STANDARDS OF THE DRIVEWAY.
AND THREE, THERE ARE NO UNIQUE CIRCUMSTANCES THAT WARRANT THE MATERIAL USE OR VIOLATION OF CLEAR VISION FIELD.
37 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT PROPERTY.
THREE WERE RETURNED IN FAVOR, NONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE LOS ANGELES HEIGHTS NEIGHBORHOOD ASSOCIATION.
LET ME KNOW IF YOU HAVE ANY QUESTIONS.
F HOW WAS THIS OUT OF CHARACTER WITH THE COMMUNITY? SO WHEN WE'RE LOOKING AT FENCING ALONG ON OUR SITE VISITS, UM, WE DIDN'T NOTICE ANY OTHER CORRUGATED METAL FENCING, UH, IN THE NEIGHBORHOOD.
WHAT DID YOU TYPICALLY SEE IN THE NEIGHBORHOOD? SO THERE'S A WROUGHT IRON FENCE, WHICH IS PERMITTED BY THE U D C, UM, OTHER TYPES OF WOODEN FENCES, WOODEN PRIVACY FENCES, CORRECT QUESTION FOR CAT AND ZEKE, WE'RE LOOKING RIGHT NOW AT MODIFYING THE U D C TO ALLOW FOR CORRUGATED FENCES WITH SPECIFICALLY ADAPTATIONS IN SUCH A WAY THAT THEY'RE PRO PROTECTED EDGES AS THIS ONE HAS.
UH, SO HOW ARE WE ALSO AT THE SAME TIME SAYING THAT IT'S OUT OF CHARACTER WITHIN COMMUNITIES? IF YOU GO TO THE PHOTO OF THE GATE AS WELL, THE GATE DID NOT APPEAR TO BE PROTECTED.
[00:40:02]
THE GATE.SO THE FACT THAT THERE'S NO TOP EDGE PROTECTION ON THE GATES MEANS THAT IT IS OUT OF CONTEXT OF WITH THE COMMUNITY.
WHEN STAFF WENT OUT, WE ULTIMATELY LOOKED AT THE NEIGHBORHOOD ITSELF.
THIS IS THE ONLY FENCE IN THE AREA THAT WE WERE ABLE TO FIND THAT HAD A CORRUGATED METAL FENCE.
THAT WAS WHY WE CAME TO THIS CONCLUSION AS WELL.
SO AS FAR AS THE, UM, CLEAR VISION, THAT WAS ALSO A, A BIT OF A CONCERN.
AND JUST TO HELP ON YOUR QUESTION RELATED TO THE U D C AMENDMENT.
SO, UH, RIGHT NOW THERE IS NO U D C AMENDMENT.
THAT'S SOMETHING THAT THE BOARD WOULD HAVE TO TALK ABOUT TO SEE IF THEY WANTED TO SPONSOR AN AMENDMENT THAT WOULD ALLOW CORRUGATED METAL, UH, WITH CERTAIN RESTRICTIONS AND CERTAIN CRITERIA BUILT IN.
AND THAT'S WHAT WE'LL TALK ABOUT IN THE NEXT COUPLE OF MONTHS IN ORDER TO SUBMIT FOR ONE.
BUT RIGHT NOW WE HAVE TO LOOK AT IT BASED ON WHAT THE CODE REQUIRES TODAY.
AND SO THE CODE REQUIRES TODAY THE VARIANCE TO ALLOW THAT.
AND THE BOARD CAN LOOK AT HOW IT'S DESIGNED, HOW IT'S GONNA LOOK AT THE END TO DETERMINE IF THEY WANT TO MAKE A MOTION TO APPROVE THAT.
IT JUST ALL SOUNDS SO MUCH DIFFERENT THAN ALL THE CONVERSATIONS WE'VE HAD OVER A YEAR AND THE EMAILS YOU AND I HAVE HAD BACK AND FORTH OVER THE PAST COUPLE MONTHS.
SO IT'S KIND OF TAKEN ABACK BY A AUTOMATIC DENIAL ON THIS BASED ON CHARACTER OF THE COMMUNITY.
BUT I'LL TALK MORE ABOUT THAT LATER.
AS LONG AS, AS LONG AS IT IS AGAINST THE CODE, IT'LL ALWAYS BE AN AUTOMATIC DENIAL AND, BUT NOT NECESSARILY AN AUTOMATIC DENIAL? NO, WE WOULD LOOK AT CERTAIN THINGS.
UM, FOR EXAMPLE, LIKE ZEKE WAS SAYING, THERE WEREN'T NO OTHER CORRUGATED METAL FENCES WITHIN THIS PARTICULAR NEIGHBORHOOD.
THERE MAY BE SOME IN OTHER NEIGHBORHOODS THAT WE WOULD TAKE INTO CONSIDERATION WHEN THERE'S A CORRUGATED METAL REQUEST IN THOSE NEIGHBORHOODS, BUT IN THIS ONE, THERE WAS NO OTHER, UH, CORRUGATED METAL FENCES IN THAT NEIGHBORHOOD TO REPRESENT THAT THIS IS PART OF THE CHARACTER.
AS I WAS ABOUT TO FINISH, ANYTHING THAT OBSTRUCTS VIEW WILL GET AN AUTOMATIC DENIAL.
AND, UH, SO WHEN YOU START ADDING THINGS UP, IT WOULDN'T, ONE DOESN'T SUPERSEDE NECESSARILY SAY, BECAUSE YOU WANT THIS AND THIS OVER HERE DOESN'T GIVE YOU THAT.
SO THE DENIAL WAS BLANKET, IT DIDN'T SAY THEY DENIED IT BECAUSE JUST THE FENCE OR JUST THE, THE UH, UH, CLEAR VISION VIEW.
I DON'T SEE, UH, I DIDN'T SEE EXACTLY WHAT PORTION OF THIS IS THE CLEAR VISION VIEW BLOCKED.
WE NEED, IT'S REQUIRED 15 FEET.
UH, THIS QUESTION, I'M LOOKING AT THAT FENCE.
WHICH WAY DOES THAT FENCE SWING INWARD OR OUTWARD? UH, JUDGING BY THE HINGES, YOU YES, IT'S AN OUTWARD SWING.
DOES IT SWING OUT TO 90 DEGREES AND THEN STOMPS OR DOES IT SWING ALL THE WAY AROUND AND BUTTS THE REST OF THE FENCE? IT APPEARS, ACTUALLY APPEARS LIKE IT SWINGS ALL THE WAY TO THE STREET.
THE APPLICANT WILL BE, HAVE TO CONFIRM THAT, BUT IT, IT DOES APPEAR TO BE OUT OUTWARD.
SO WHICH YOU, YOU WENT OUT THERE TO THE SITE.
WHICH ONE, WHICH STAFF MEMBER ACTUALLY WENT TO THE SITE? UNFORTUNATELY, THE TWO STAFF MEMBERS THAT ARE NO LONGER IN OUR DIVISION.
BUT WHAT I, WHAT I'M TRYING TO FIND OUT IS, UH, WE SEE, I SEE THE TOP CAP EXCEPT FOR THE, THE GATE.
BUT ARE, ARE THE CORRUGATED METAL PANELS, IS THERE OVERLAPPING WOOD ON THE EDGES OF, OF THE SIDES? OR IS IT JUST A BUDDING THE WOOD? SO THAT'S, THAT'S ONE QUESTION.
UH, ANOTHER ONE I HAVE IS THIS GATE LOOKS REALLY WIDE AND, AND YOU KNOW, AS, AS MY COLLEAGUE HAD MENTIONED, IF IT SWINGS OPEN, I'M, I, I HAVE A CONCERN WHETHER IT'S BLOCKING, UH, ALLEY ACCESS, IF IT'S BLOCK, IF IT SWINGS INTO THE, I MEAN THE GATE'S ON THE RIGHT OF WAY ACCORDING THE PROPERTY LINE ACCORDING TO THE SURVEY.
SO IT LOOKS LIKE IT COULD BE BLOCKING THE SIDEWALK.
AND, AND IT APPEARS THAT THE, THAT THE, UH, LANDSCAPED AREA BETWEEN THE SIDEWALK AND THE FENCE MIGHT BE AROUND FOUR FEET.
AND SO IT JUST, I'M JUST TRYING TO FIGURE OUT MORE ABOUT, ABOUT THIS GATE AND, AND BLOCKING A PUBLIC RIGHT OF WAY OR EVEN EXTENDING OUT TO THE ASPHALT AT THAT POINT.
YEAH, BASICALLY THESE QUESTIONS, YOU HAVE TO GO TOWARDS THE APPLICANT ITSELF BASED ON THE PHOTOS THAT I'VE SEEN.
I DON'T KNOW ABOUT THE REAR PORTION OF THE FENCE, BUT, UM, YEAH, WE'D HAVE TO REFER TO THE APPLICANT.
UH, YOU CAN ACTUALLY SEE FROM THE PHOTOGRAPH THAT THERE IS NO LOWER PORTION OF THE FENCE BEING PROTECTED BECAUSE YOU CAN SEE THE, THE BOARDS.
SO IT'S JUST HANGING, IT'S JUST HANGING THERE AND, AND UNPROTECTED TO BOOT.
AND, UH, SO IN ORDER TO COMPLY, HOW MUCH OF THAT FENCE HAS, UH, GATE HAS TO BE CHANGED? SO THE CLEAR VISION WOULD HAVE TO, IT WOULD BE REQUIRED 15, IF I REMEMBER CORRECTLY.
[00:45:01]
OF FEET.BUT IF THE GATE'S GONNA BE OPENING OUTWARD, IT'S GONNA BE A MAJOR ISSUE.
WELL, THEY CAN, YOU KNOW, I'M SURE THEY'LL CONSIDER FLIPPING THAT, BUT I'M JUST SAYING THAT WHAT IT'S 9.4.
WELL, I MEAN IS THAT THE PROPERTY LINE THOUGH? YES.
SO THEY CAN BUILD A PROPERTY LINE, BUT THE THING IS THAT, UH, IF IT'S, IT'S, I, OBVIOUSLY IT'S SWINGS THE WRONG DIRECTION AND THAT CAN BE, I'M SURE THEY'D BE MORE THAN HAPPY TO CORRECT THAT AND IF THEY WANNA PUT A TRAILING BOARD UNDERNEATH THAT FENCE TO MAKE IT, UH, SAFER FOR ANYONE TRYING, IT ACTUALLY LOOKS UNSTABLE MYSELF.
BUT, UH, THEN, UH, AND IT LOOKS AS IF THE PANELS ARE FITTED BETWEEN, UM, UH, CEDAR PANELS, WHICH MEANS THEY COULD PROTECT THE EDGES FROM BEING EXPOSED.
ALL THEY WOULD HAVE TO DO IS WAS FLIP THE DOOR AROUND HANGING IT.
AND, AND THAT'S DEFINITELY SOMETHING THE BOARD CAN RECOMMEND TO THE APPLICANT, BUT AS FAR AS STAFF WAS CONCERNED, IT, IT WAS OUT OF CHARACTER.
SO WE BASED IT ON THAT INFORMATION AS WELL AS THE CLEAR VISION.
MORE SO THE CHARACTER OF THE NEIGHBORHOOD.
AND IT, IT APPEARS TO BE SLIGHTLY ABOVE SIX FEET, BUT NOT MUCH FENCE, THE ENTIRE FENCE.
WE'LL HAVE TO REFER BACK TO THE APPLICANT AGAIN.
ALRIGHT, WELL THEN, UH, ANY OTHER QUESTIONS FOR STAFF? ONE QUICK QUESTION.
HOW WAS THIS CASE ORIGINATED? UH, WAS THIS CASE, UM, BROUGHT UP BY, UH, INVESTIGATORS OR WAS THIS A COMPLAINT? IT WAS APPLICANT DRIVEN.
I DON'T SEE ANY CODE CASES IN, IN MY SYSTEM HERE.
LET'S GO AHEAD AND BRING THE APPLICANT FORWARD AFTERNOON, NAME AND ADDRESS FOR THE RECORD AND THEN YOU STATE YOUR CASE.
MY NAME IS EMA LUIS AND I LIVE AT 1638 SANTA MONICA STREET.
UM, AND MY CASE IS FOR THE FENCE VARIATION REQUEST TO BE APPROVED AND UM, THEY TACKED ON THE CLEAR VISION ALLEYWAY AND WHERE THE DRIVEWAY PLACEMENT IS.
AND YOU, UM, BASICALLY DESIGNED THIS YOURSELF TO BE AESTHETICALLY DIFFERENT FOR THE NEIGHBORHOOD? UM, I WOULDN'T SAY IT'S DIFFERENT.
I WOULD SAY IT MELDS BETWEEN THE FORMER, PRETTY MUCH PREDOMINANTLY CHAIN LINK FENCES AND THEN THE PRIVACY FENCE THAT I WAS SEEKING.
I DIDN'T WANT SOMETHING THAT WAS GONNA BE SOLELY WOOD.
I WANTED SOMETHING THAT WOULD KIND OF BLEND THE AREA WITH WHAT I WAS GOING FOR.
UM, I'VE ACTUALLY RECEIVED LOTS OF REQUESTS FOR THE CONTRACTOR'S NUMBER SINCE MOVING INTO THE NEIGHBORHOOD AND HAVING THE FENCE PUT UP.
UM, I HAVEN'T GIVEN ANYONE THAT NUMBER BECAUSE MY CONTRACTOR IS PART OF THE REASON WHY I'M HERE TODAY.
HE DID NOT EXACTLY LEAD ME THROUGH THE PROCESS CORRECTLY.
I DIDN'T REALIZE THIS WAS SOMETHING I SHOULD HAVE DONE BEFORE CONSTRUCTING THE FENCE.
UM, WHICH IS WHY I'M HERE NOW.
I DID RECEIVE A CITATION FROM THE CITY FOR THE, UM, USE OF MATERIALS, WHICH IS WHY I'M HERE IN FRONT OF YOU GUYS.
UM, TO ANSWER SOME OF THE QUESTIONS I HEARD BROUGHT UP THE FENCING MATERIAL.
THE CORRUGATED METAL DOES LAY BEHIND THE CEDAR PLANKS, SO THE EDGES ARE NOT EXPOSED.
UM, THE FENCE PART HERE, THIS PHOTO WAS TAKEN IN DECEMBER AND AT THAT TIME, PART OF THE RIGHT SIDE OF THE FENCE, THE, UM, BRACING BOTTOM, I DUNNO IF IT'S CALLED A BRACKET EXACTLY, BUT THE LONG EXTENDING PIECE OF CEDAR OR BROKEN HALF.
I HAVE SINCE REPLACED IT AND RE UM, REINFORCED THE FRAME OF THE FENCE THERE AT THE GATE.
I DON'T CURRENTLY REALLY USE THE GATE, I ACTUALLY PARK OUTSIDE OF IT, BUT IT IS SOMETHING THAT IF SWINGING OUT IS AN ISSUE, I HAVE BEEN CONSIDERING ACTUALLY GETTING IT PUT ON A TRACK BECAUSE IT'S JUST SUCH A PAIN TO OPEN IT AND CLOSE IT IN THE MORNINGS.
IT DOESN'T COME ALL THE WAY OUT TO THE STREET EITHER.
IT DOES COME ABOUT, UM, HALFWAY THROUGH THE SIDEWALK.
UH, DO WE HAVE ANY QUESTIONS AT MR. OKAY, MR. ORIAN AND MR. FISHER, AND THEN I BELIEVE ALAN, DID YOU ASK MR. FISHER? YES.
IN THAT ORDER, SO THE SURVEY SHOWS THAT THERE'S NO FENCE AND, AND SOME STREET PHOTOS SHOW THAT THERE'S NO FENCE ALONG THE ALLEY SIDE.
IS THAT STILL THE CASE RIGHT NOW? NO.
THERE IS A FENCE ALONG THE BACK PART WHERE THE ALLEY IS ALONG YOUR PROPERTY LINE.
AND THEN MY PROPERTY'S COMPLETELY ENCLOSED IN THE BACK PORTION.
AND THE, UH, IS THIS, I'M JUST TRYING TO GET A HANDLE ON THIS.
IT LOOKS LIKE THE, THE CURB GOES TO A LAY DOWN CURB ALL THE WAY THROUGH THE ALLEY.
AND, AND IF YOU WERE TO PUT THIS ON A TRACK OR MANIPULATE HOW
[00:50:01]
THE GATE OPENS, WHAT, HOW MUCH COULD THE WIDTH BE SHRUNK DOWN FROM WHAT IT IS NOW? UH, AND I'M JUST TRYING TO, I'M JUST TRYING TO FIGURE OUT, LIKE I, I'M NOT A FAN OF, OF, OF IT BLOCKING THE SIDEWALK POTENTIALLY OR HOW IT WOULD BE USED.LIKE YOU HAD MENTIONED PUTTING A TRACK WOULD BE GREAT.
UM, BUT I'M JUST TRYING TO FIGURE OUT, UM, YOU KNOW, HOW WIDE THAT, THAT THAT CONCRETE DRIVEWAY PAD THAT YOU CURRENTLY HAVE IS IN RELATION TO THE GATE? UM, I'D SAY THE PAD IS ABOUT THE SAME LENGTH AS THE G ITSELF, MAYBE, MAYBE A COUPLE INCHES SHORTER.
NO, THE PICTURES ARE, YOU KNOW, OKAY.
I JUST HAD A QUESTION WHETHER OR NOT THE CAP, THE WOOD PLANKING ACROSS THE TOP OF THE FENCE IS THE SAME ALONG THE REAR THAT IT JOINS THE ALLEY? YES.
YES, AND I DON'T, I DID ASK THE CONTRACTOR TO PUT THE CAPPING AT THE TOP OF WHERE THE GATE IS 'CAUSE HE DID IT BOTH THE GATE THERE AND THEN THE SIDE TINY GATE I HAVE IN THE FRONT OF THE HOUSE.
UM, FOR SOME REASON HE JUST DIDN'T CAP IT.
AS STAFF HAS STATED THAT THEIR MAIN CONCERN WITH YOUR FENCE IS THAT IT DOESN'T FIT IN THE CHARACTER OF THE COMMUNITY.
AND YOU MENTIONED CHAIN LINK FENCES STAFF STATED THAT THE CHARACTER OF YOUR COMMUNITY INVOLVES WROUGHT IRON FENCES AND PRIVACY FENCES.
COULD YOU TALK A LITTLE ABOUT WHAT YOU BELIEVE THE CHARACTER OF YOUR COMMUNITY TO BE WHEN IT COMES TO FENCES? YES.
UM, I, UH, MY NEIGHBOR, MY ONE NEIGHBOR ADJACENT TO MY PROPERTY DOES HAVE, UM, A PARTIALLY CHAIN, UH, NOT CHAIN, EXCUSE ME, A ROT IRON FENCE, PRIVACY FENCE IN THE BACK.
UM, MOST OF MY OTHER NEIGHBORS ARE JUST CHAIN LINK.
I CAN COUNT THE NUMBER OF HOMES IN THE NEIGHBORHOOD THAT HAVE A PRIVACY FENCE.
I'VE RUN THROUGH MY NEIGHBORHOOD.
I PASS TWO OF THEM ON MY WAY TO WOODLAWN PARK.
THERE IS ANOTHER HOUSE THAT I PARK THAT I PASS ON, UM, COLUMBUS STREET RIGHT BEFORE YOU GET TO THE PARK.
AND THAT HOUSE IS COMPLETELY CORRUGATED METAL.
UM, THEIR FENCE, I DON'T KNOW IF THEY'VE ALREADY APPLIED FOR A PERMIT OR NOT, BUT THAT'S WHEN I'VE SEEN, WHEN I LIVED IN OTHER PARTS OF SAN ANTONIO.
UM, I'VE ONLY BEEN A RESIDENT FOR ABOUT THREE AND A HALF YEARS NOW.
I HAVE SEEN THIS FENCE, UH, POPPING UP.
I, UM, THINK THAT IT GOES WITH THE NEIGHBORHOOD.
I THINK THE NEIGHBORHOOD IS CHANGING FOR THE BETTER.
I THINK THERE ARE MANY PEOPLE WHO CARE ABOUT THE WAY THEIR PROPERTY LOOKS.
I AM ONE OF THOSE INCLUDED AND I THINK PEOPLE APPRECIATE THAT I'M INVESTING MONEY AND TIME AND EFFORT INTO MAKING MY PROPERTY LOOK A LITTLE BIT BETTER SINCE STAFF HAS THE GOOGLE UP THE GO.
UM, COULD YOU GO NORTH UP? BUCKEYE SHOW THE NEXT BLOCK WHERE THERE ARE SOME PRIVACY FENCES AND SOME OUR BLOCKS? ALL RIGHT.
WHEN I PERUSED THE NEIGHBORHOOD, I SAW A LOT OF, UH, FALLING DOWN PRIVACY FENCES AND I SAW PRIVACY FENCES LEANING UP AGAINST CHAIN LINK FENCES.
HERE'S WHERE I'M THINKING MAYBE IT WAS TWO BLOCKS.
THAT'S THE PROPERTY RIGHT ACROSS FROM MINE.
I DO NOT SEE PRISTINE CEDAR PRIVACY FENCES THAT ARE IN GREAT CONDITION.
I SEE A LOT OF CHAIN LINK FENCES.
I SEE A LOT OF FENCES LEANING AGAINST FENCES.
SO, SO I JUST, I WANT TO REALLY ASK AGAIN, THE STAFF'S OPINION ON WHAT IS THE CHARACTER OF THE COMMUNITY IN WHICH THIS IS NOT AN IMPROVEMENT.
SO JUST TO CLARIFY, SO A LOT OF THESE FENCES ARE THE SOLID SCREEN, TYPICAL WOOD FENCES, WHICH WOULD BE THE CHARACTER OF THE NEIGHBORHOOD.
WHAT THEY'RE REQUESTING FOR IS, UM, A MATERIAL THAT'S DIFFERENT THAT WASN'T THE CHARACTER OF THE NEIGHBORHOOD.
THAT'S WHAT WE'RE SPECIFICALLY TALKING ABOUT IS THE USE OF THE CORRUGATED METAL MATERIAL.
AT WHAT PERCENTAGE OF A NEIGHBORHOOD DOES IT NEED TO BE IN WHICH IT IS THE CONT OR THE CHARACTER OF A NEIGHBORHOOD THAT PRIVACY FENCES ARE THE CHARACTER? BECAUSE I SEE MOSTLY CHAIN LINK FENCES.
SO THERE IS NO SPECIFIC PERCENTAGE REQUIREMENT IN THE CODE THAT DICTATES WHAT IS THE CHARACTER.
UM, IT, FOR A STAFF, IT'S JUST A, UH, OBJECTIVE PROFESSIONAL RECOMMENDATION BASED ON WHAT WE SEE, UH, WHICH THEN CAN TAKE, BE TAKEN INTO CONSIDERATION BY THE BOARD.
THE BOARD CAN THE, THE BOARD CAN MAKE A DETERMINATION DIFFERENTLY THAN WITH A STAFF RECOMMENDATION BASED ON WHAT THEY SEE AS WELL AND BASED ON THE TESTIMONY PROVIDED AT THE PUBLIC HEARING.
ANY OTHER QUESTIONS? ORIAN, MR. ORIAN? I JUST WANTED TO, TO ASK, SO THE NEIGHBOR ACROSS THE STREET APPARENTLY HAS CORRUGATED METAL LEANING ON THE FENCE.
AND BECAUSE IT'S NOT A COMPONENT OF THE FENCE, THAT'S NOT NECESSARILY AN, UM, DOES THAT, HOW DOES THAT AFFECT HOW YOU LOOK AT IT? UM, SO IF IT'S BEING USED AS A FENCE, UM, THEY MIGHT
[00:55:01]
HAVE RECEIVED A CODE VIOLATION OR MAYBE RECEIVING A CODE VIOLATION.WE DON'T KNOW UNTIL THEY COME IN AND APPLY WITH OUR OFFICE.
AND, AND AS FAR AS CLEAR VISION GOES, SO THE APPLICANT HAD MADE A, A COMMENT ABOUT POTENTIALLY PUTTING THE, UH, GATE ON A, ON A TRACK IF, IF THE GATE WAS MOTORIZED, DOES THAT AFFECT YOUR OPINION OF CLEAR VISION? DOES THAT HAVE ANY EFFECT ON YOUR, UH, OPINION ON CLEAR VISION IN ANY OF THESE CASES? WE, WE REFER BACK TO TRAFFIC AS WELL.
UM, THEY'RE GONNA LOOK AT THE TRAFFIC IMPACT TO SEE IF IT'S A WHAT TYPE OF ROADWAY SYSTEM, AND WE'RE GONNA RELY ON THEM IF IT'S BASICALLY, IF IT'S ON A TRACK, WE WOULD DEFER TO, TO TRAFFIC TO MAKE THE DETERMINATION.
UM, AND WOULD WE JUST GO FROM THERE? YEAH.
'CAUSE I'M, BECAUSE IT, IT LOOKS AT THE, THE GREEN BOOK OR OTHER, UH, CODE REFERENCES OTHER THAN SPECIFICALLY THE U D C.
I KNOW THERE'S A LOT OF DIFFERENT COMPONENTS THAT GO WITH THIS.
AND SO I'M JUST TRYING TO FIGURE OUT, AS I'M LOOKING AT IT, I, WHAT I'M SEEING IS A STRAIGHT, STRAIGHT STREET, PROBABLY A 30 MILE AN HOUR SPEED LIMIT.
BUT I ALSO HAPPEN TO NOTICE THAT THE ONLY PEDESTRIAN SIDEWALK IN THIS AREA IS ON HER SIDE OF THE BLOCK.
AND SO I'M TRYING TO FIGURE OUT IF THE, IF ANY OF THE CODE REFERENCE MATERIALS THAT YOU'RE AWARE OF, UH, ALTER, UM, HOW YOU LOOK AT CLEAR VISION AND YOUR POTENTIAL ABILITY TO, TO PROVIDE A RECOMMENDATION.
WE'VE HAD ONE IN THE PAST WHERE IT WAS A DEAD END STREET, AND THAT WAS TAKEN INTO CONSIDERATION.
UM, AS FAR AS THE CLEAR VISION, FOR THOSE THAT DON'T KNOW IT, IT'S ACTUALLY MEASURED FROM THE OUTSIDE CURB OF THE STREET, UH, TO THE FENCE ITSELF AND REQUIRES 15 FEET FOR A DRIVEWAY.
SO AT THIS POINT, WHAT WE WOULD DO IS WE WOULD DEFER BACK TO TRAFFIC TO GET THEIR ANALYSIS ON THAT.
IF IT WAS A SLIDING GATE, THE GATE IS LARGE ENOUGH AND AT THIS POINT, I, IT'S ALL CONJECTURE ON MY PART.
AND ONE LAST POINT, UH, IF A CAR IS PARKED ON THAT PAD AND IT EXITS ONTO THE ALLEY, THEN BACK ONTO BUCKEYE STREET, DOES THAT AFFECT, UH, YOUR EVALUATION OF CLEAR VISION? JUST OUT OF CURIOSITY, AGAIN, WHEN IT COMES TO CLEAR VISION, WE'RE ALWAYS GONNA DEFER TO OUR ENGINEERS.
UM, SO I'M GOING BACK TO THE CORRUGATED METAL.
THE, THE EDGES ARE EXPOSED ON THE FENCE.
UH, I MEAN, I'M SORRY, ON THE GATE, BOTH TOP AND BOTTOM, YOU'RE SAYING YOU ASKED THE CONTRACTOR TO CAP IT, BUT IT WASN'T CAPTAIN.
SO AT THIS TIME IT'S NOT CORRECT.
HOW WOULD YOU PROPOSE THAT YOU'RE GONNA DEAL WITH THAT? IF YOU, IF WE, IF WE WERE TO APPROVE THE MATERIAL, I WILL HIRE ANOTHER CONTRACTOR TO FIX IT, YOU KNOW, OR I'LL DO IT MYSELF.
I MEAN,
SO THAT'S WHY IT'S IN THE STATE.
I MEAN, YOU'D YOU'D MADE REFERENCE TO THE FACT THAT THERE WERE SOME DIFFICULTIES WITH THIS, WITH THIS OTHER PERSON.
UM, SO HERE AND CHAIRMAN, I JUST HAVE A, A FEW CONCERNS, AND SOME OF THESE I DON'T THINK ARE RESOLVABLE AT THIS TIME, WHICH IS THAT WE DON'T KNOW WHAT WOULD BE ALLOWED FOR THE TRAFFIC TO UNDERSTAND THE IMPLICATIONS OF OUR DECISION REGARDING CLEAR VISION.
WERE WE TO GRANT HER, UM, REQUEST AND WITHOUT A CLEAR PLAN AS TO, BESIDES I, YOU KNOW, THAT I'LL HIRE SOMEONE TO FIX IT.
ARE WE EVEN ABLE TO SAY THAT YES, WE COULD APPROVE THIS MATERIAL ONLY IF YOU DO X, Y, AND Z? IS THAT IN, ARE WE ALLOWED TO DO THAT? SO, I MEAN, I, AND SO I'M HAVING A HARD TIME WITH THIS CASE BECAUSE THERE'S UNKNOWNS AND I'M NOT SURE, UM, WHAT WE CAN DECIDE.
THAT'S, UH, IT'S A VERY INTERESTING QUESTION HERE BECAUSE YOU'RE, YOU'RE TALKING ABOUT POSSIBILITIES AND YOU'RE ALSO TALKING ABOUT CONTINGENCIES AND WHICH WE DON'T INVOLVE OURSELF IN WHAT, UH, THERE'S, TO ME, THERE ARE A LOT OF DIFFERENT SOLUTIONS AND I'M, I'M, I SEE AN INDIVIDUAL THAT HAS THE POTENTIAL OF POSSIBLY COMING UP WITH SOLUTIONS.
SO, UM, THE, UH, THE POINT REALLY IS, YOU'RE RIGHT.
THE, THE GATE IS IMPROPERLY DONE.
IT'S, IT CAN'T WORK THE WAY IT IS.
IT'S, IT'S GOTTA HAVE TO BE CHANGED.
THE, UH, UH, THE STYLE ITSELF SEEMS PERMISSIBLE EXCEPT FOR THE EDGES AND WHATNOT, BUT THE, IN FACT, I, I KINDA LIKE THIS FENCE TO A CERTAIN EXTENT, ONLY BECAUSE SHE DIDN'T USE CORRUGATED STEEL PANELS.
THEY LOOK LIKE THEY'RE PAINTED.
THAT LOOKS A LOT NICER TO ME THAN PANELS THAT RUST, WHICH ARE GONNA RUST.
SO ANYWAY, THE, UH, UH, I DON'T KNOW IF WE CAN MAKE A RECOMMENDATION HERE.
I'M ENTERTAINING ANYONE WHO HAS AN IDEA, MR. DORIAN? UH, YEAH.
SO IN, IN THE PAST WE'VE HAD APPLICANTS, UH, SUBMIT SOMETHING, UH, THAT, THAT WOULD MAKE
[01:00:01]
IT PART OF THE RECORD THAT WE WOULD BE ACTUALLY VOTING ON.IS THERE A MECHANISM FOR THE APPLICANT TO DO THAT TODAY? LIKE PERHAPS SAY, I WILL PUT THIS ON A TRACK AND I WILL CAP WITH THE CEDAR ON THE BOTTOM AND TOP OF THE GATE, OR IS THERE SOMETHING THAT, THAT SHE CAN MAKE THIS PART OF THE FILE THAT WE COULD THEN, YOU KNOW, LOOK AT THAT.
SO AFTER YOU MAKE YOUR MOTION, YOU TYPICALLY HAVE THE, UH, CRITERIA FOR REVIEW IN, IN WHICH YOU STATE THE REASONS WHY YOU'RE, UH, RECOMMENDING, BECAUSE IT'S BASED ON THE TESTIMONY THAT'S PROVIDED.
THOSE ARE THE FACTORS THAT YOU CAN INCLUDE IN YOUR MOTION RELATED TO THE TESTIMONY THAT SHE HAS PROVIDED.
FROM THERE, THEN, UH, WHEN THE PERMIT COMES IN, WE UTILIZE THAT, UH, THAT MOTION IN ORDER TO MAKE SURE THAT THE PERMIT IS COMPLIANT WITH WHAT THEY STATED THEY WOULD DO.
FOR THE RECORD, THE APPLICANT COULD MAKE, UM, A PRETTY, UH, SUCCINCT STATEMENT AND SAY, THIS IS WHAT I AM NOW DOING.
UH, AND THEN WE COULD USE THAT IF, OR SHE COULD REQUEST FOR IT TO BE CONTINUED.
SO IT'S NOT A CONDITIONAL APPROVAL, IT'S JUST THAT THAT IS IN YOUR FINDINGS OF FACT.
UM, I HAVE A QUESTION FOR THE APPLICANT.
IS IT POSSIBLE YOU SAID THAT YOU DON'T UTILIZE THE, THE PAD BACK THERE VERY MUCH, YOU DON'T PARK.
IS IT POSSIBLE TO MAKE THE GATE SWING IN? YEAH, I, WELL, I THINK IT MIGHT BE A LITTLE TRICKY WITH RIGHT THE CORNER OF IT.
BUT IS THERE A TREE IN THE WAY IN, IN THE PICTURE THAT WE SEE OF THE SUBJECT PROPERTY THERE? IS THERE A TREE THAT WOULD BE IN THE WAY OR IS IT JUST A IT'S NOT IN THE WAY.
IT'S, IT'S, IT'S AT THE END OF THE, UM, PAD AREA.
BUT BECAUSE I HAVEN'T, UM, BEEN ABLE TO PUT IN ANY MOTORIZED, UM, GATE OPENERS BECAUSE THERE ISN'T AN, LIKE AN ELECTRICAL BOX THERE, I WOULD HAVE TO DO SOMETHING EITHER SOLAR PANEL OR RUN THE ELECTRICAL WIRE FROM THE HOUSE.
AND I HAVEN'T BEEN ABLE TO DO THAT FINANCIALLY.
UM, I WAS THINKING ABOUT DOING THE TRACK INSTEAD OF, BUT POTENTIALLY, I GUESS I COULD HAVE ONE OF THE GATES SWING IN AND HAVE THE OTHER BE STATIONARY.
I BELIEVE IF, IF I UNDERSTOOD CORRECTLY, IF WE DID GO AHEAD AND APPROVE SOMETHING, IT WOULD HAVE TO STILL GO TO TRAFFIC TO GO AHEAD AND BE THOROUGHLY INVESTIGATED OR, WELL, PART OF THE, THE REQUEST TODAY IS FOR CLEAR VISION AS WELL, RIGHT? FOR, THAT'S WHAT I'M INTENDED.
SO WHETHER OR NOT WE VOTED TODAY, WE'D STILL HAVE A, UM, AN A CLEAR VISION ISSUE.
WELL, BY GRANTING IT ULTIMATELY, I MEAN IT, ONCE IT'S GRANTED IT, IT'S DONE.
UM, ULTIMATELY IT'S YOUR CALL AS FAR AS HOW YOU WANNA APPROACH THIS.
BUT WE'RE LOOKING AT THE TWO SEPARATE ISSUES.
ONE BEING THE CORRUGATE MEDAL AND SEPARATE BEING THE, UM, THE CLEAR VISION.
YOUR CALL IS HOW, AS, AS FAR AS HOW YOU WANT TO APPROACH BOTH.
UH, THE PERMIT, ONE OTHER THING, ONCE THE, THE PERMIT PROCESS IS COMPLETED OR DURING THAT PROCESS, THE VARIANCE IS ADDED TO THE, THE PERMIT.
SO THAT'S THE FIRST THING THAT THEY'RE GONNA BE LOOKING FOR.
SO E EVEN IF THE APPLICANT WERE TO DO THE, THE, UM, THE GATE THAT'S ON THE, THE, THE REVOLVING GATE, THERE'D STILL BE A VARIANCE BECAUSE IT WOULDN'T MEET THE 15 FEET, SO IT WOULD STILL REQUIRE A VARIANCE THAT IS CORRECT.
WHETHER IT'S A SWING GATE, INWARD SWINGING, OUTWARD SWINGING SLIDE GATE, HOWEVER, IT WOULD STILL REQUIRE THE VARIANCE.
THE MEASUREMENTS FROM THE FENCE TO THE OUTSIDE OF THE CURB.
I BELIEVE THAT, UH, IF, IF SHE BUILT A FENCE THAT DID SLIDE IT, THE CLEAR VISION ISSUED BE GONE BECAUSE THERE'S, UH, WHAT'S IT BLOCKING? IT'S STILL A 15 FOOT MEASUREMENT, AND WE'RE, WE'RE NOT THERE AT THIS POINT.
WELL, THEN THE ONLY SOLUTION'S GONNA BE CONTINUATION THEN COME BACK WITH ANOTHER PLAN.
IT'S GOTTA BE, WE CAN'T AUTHORIZE THAT.
SO WE EITHER CONTINUE THIS, GET HER PLANS AND BRING IT BACK TO BE APPROVED ELLI.
YES, WE COULD MAKE A DETERMINATION AND ALLOW HER TWO FEET WITHIN THE CLEAR VISION FIELD AS A, AS A VARIANCE.
I JUST DIDN'T, WHEN MAYA BROUGHT UP THE QUESTION, IT WAS REALLY OF CAN WE DO THAT AND REQUIRE THAT SHE PUT IT ON A WHEEL OR OPEN IT INWARD OR DO SOMETHING ELSE TOO, TOO.
OR IN ADDITION TO IT, WE'VE ESTABLISHED THAT WE CAN CONDITION IT IN THE MOTION.
IT'S IN YOUR FINDINGS OF FACT, NOT A CONDITION OF THE MOTION OR ORIENT PUT IT IN THE FINDINGS OF FACT.
UH, I I JUST WANTED TO SAY IF THE BOARD COULD ALSO ENTERTAIN A A, A CLEAR VISION VARIANCE
[01:05:01]
DOWN TO 10 FEET INSTEAD OF 15, AND THE ONLY SOLUTION WOULD BE TO SWING IT IN OR PUT IT ON A SLIDING TRACK, THAT'S ANOTHER WAY WE COULD DO IT, CORRECT? NO, TO ME IT'S THE SAME THING.THE, UH, I, I, I THINK THE SIMPLEST SOLUTION FOR THIS THING IS TO THIS ON A CONTINUANCE.
LET HER BRING BACK WHAT HER PLANS ARE GOING TO BE AND THEN APPROVE IT OR NOT APPROVE IT.
THAT POINT SHE CAN ACTUALLY BE WORKING WITH STAFF TO MAKE SURE IT WOULD QUALIFY.
MR. CHAIR, CAN WE ASK THE APPLICANT IF THAT IS ACCEPTABLE TO HER? OKAY.
CAN WE STILL VOTE ON THE CORRUGATED MEDAL? WELL THEN IF WE DO THAT, THEN, THEN SHE'S GONNA HAVE TO OPEN UP A NEW CASE.
SO THIS ALSO, SHE WAS GONNA EXPEDITE THIS.
IF YOU HAD AN ISSUE LIKE THIS, YOU'LL EXPEDITE IT.
SO I WOULD, IF YOU CONTINUE IT, YOU'RE CONTINUING A DAY SPECIFIC AND IT DOESN'T TRIGGER A NOTIFICATION AND YOU CAN TRIGGER, YOU CAN, UH, YOU CAN CONTINUE IT TO THE NEXT MEETING.
HOWEVER, WE DO HAVE, UM, WE'VE REACHED OUR MAX ON THE NEXT MEETING.
SO THE NEXT MEETING OPPORTUNITY WOULD BE MARCH 2ND ANYWAY.
PROBABLY TAKE HER THAT LONG TO FIND A CONTRACTOR AND GET AN IDEA OF HOW IT, HOW SHE CAN DO THIS.
SO I WOULD RECOMMEND WE DO THAT.
IS, IS THE APPLICANT COMFORTABLE WITH THAT DATE? MARCH 2ND WOULD BE THE NEXT OPPORTUNITY TO COME BACK AND GIVE YOU, GIVES YOU THE MONTH TO WORK WITH YOUR CONTRACTOR AND, UM, MAYBE MAKE SOME MODIFICATIONS TO YOUR REQUEST.
AND THEN THAT'S WHAT WE CAN BE CONSIDERED BY THE BOARD.
WELL, THE REASON WHY WE'RE RECOMMEND THIS IS MY RECOMMENDATION IS BECAUSE IT'S JUST TO CONTINUE THE CASE.
YOU'RE NOT GONNA GET ANY MORE TICKETS AND YOU'RE, AND IT'S ALLOWING YOU THE OPPORTUNITY TO FIND OUT WHAT YOU CAN DO AND GET ORGANIZED.
AND EVEN IF YOU, YOU DON'T COMPLETE IT, AS LONG AS EVERYTHING IS AGREED TO, THEN YOU'RE READY TO GO.
THOUGHT REALLY FOR, FOR CLARIFICATION, IT WOULD BE THE PLAN.
DON'T DO ANYTHING UNTIL YOU COME BACK, RIGHT? THAT'S THE PLAN.
CHAIR, I MAKE A MOTION FOR CONTINUANCE TO MARCH THE SECOND.
OKAY, WE'VE GOT SOME APPROVAL OUT HERE.
DO WE NEED TO TAKE A VOICE VOTE ON THIS? I, I'D LIKE TO, I JUST TO SAY THAT, MAKE SURE THE APPLICANT KNOWS WHAT THE CONCERNS THAT WE SPOUTED OUT WERE, WERE THE CLEAR VISION CAPPING, UH, AND PROTECTING ON THE GATE.
WAS THERE ANY OTHER ISSUES THAT ANYONE ELSE WOULD LIKE TO, SHE APPEARS TO HAVE ACTUALLY, UH, BUILT A FENCE THAT WE PROBABLY WOULD ACCEPT MORE THAN LIKELY IS THE GATE IS THE REAL ISSUE.
YEAH, BECAUSE THAT'S NOT PROTECTED AT ALL.
SO IT, SINCE IT'S GOING TO BE ADDRESSED, IT CAN BE PROTECTED AND WE'LL WORK WITH, UH, TRAFFIC ENGINEERING AS WELL ON THE DIFFERENT SCENARIOS.
AND NO ROLL CALL VOTE IS REQUIRED.
BUT IF WE DO HEAR A NO, THEN WE'LL DO A ROLL CALL VOTE.
ALL ALL IN FAVOR OF OFFERING A CONTINUANCE ON THIS CASE.
ANY NEGATIVE? ALRIGHT, DO YOU HAVE A CONTINUANCE? AND THEY'LL EXPLAIN TO YOU WHAT ALL THIS MEANS IF YOU GET CONFUSED.
ALL RIGHT, I'M GONNA, UH, DOES ANYONE NEED A, A, A SHORT BREAK? ALL RIGHT, LET'S CONTINUE THE NEXT CASE.
[5. 20-1511 BOA-19-10300144: A request by Francisco Rodriguez for a request for 1) a 10' variance from the 20’ rear setback requirement to allow a structure to be 10' from the rear property line and 2) a 1’ variance from the 5’ side setback requirement to allow a structure to be 4’ from the side property line, located at 821 West Cypress Street. Staff recommends Approval. (Council District 1) (Kayla Leal, Senior Planner (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department.)]
B OH 8 19 1 0 3 0 0 1 4 4.THE SUBJECT PROPERTY IS LOCATED AT 8 21 WEST CYPRESS STREET.
THE APPLICANT IS REQUESTING A 10 FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE, AND A ONE FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FOUR FEET FROM THE SIDE PROPERTY LINE.
THE ZONING ON THE PROPERTY IS R FOUR CD, A RESIDENTIAL SINGLE FAMILY WITH A CONDITIONAL USE FOR TWO RESIDENTIAL DWELLING UNITS.
HERE'S THE SUBJECT PROPERTY, THE FRONT AND THE REAR HOUSE.
THE FRONT IS BLUE AND REARS THE GREEN.
THAT IS THE DISTANCE TO THE REAR PROPERTY
[01:10:01]
LINE SIDE PROPERTY LINE.THE SUBJECT PROPERTY IS A SINGLE FAMILY HOME, UM, THAT DOES HAVE AN ADDITIONAL UNIT IN THE BACK.
IT'S MID-BLOCK ON WEST CYPRESS STREET BETWEEN NORTH FLORIDA STREET AND CAMERON STREET.
THE PROPERTY OWNER REQUESTED A SECOND ELECTRICAL METER FROM C P S, WHICH IS HOW THIS CASE CAME ABOUT.
SO HE DID GO THROUGH THE REZONING PROCESS AND RECENTLY RECEIVED THE CONDITIONAL USE FOR TWO DWELLING UNITS, UM, ON JANUARY 16TH.
SITE PLAN THAT RECOMMENDS APPROVAL OF THE VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCES, THE SETBACKS MAINTAIN ADEQUATE SPACE FOR MAINTENANCE, LIGHT AND ERROR.
THE VARIANCES ARE UNLIKELY TO DETRACT FROM THE CHARACTER OF THE DISTRICT, AND THE VARIANCES ARE UNLIKELY TO HAVE A NEGATIVE IMPACT ON ADJACENT PROPERTIES.
26 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN 200 FEET.
WERE RETURN IN FAVOR, ZERO IN OPPOSITION.
UM, THE FIVE POINTS NEIGHBORHOOD ASSOCIATION DOES NOT GIVE AN OFFICIAL RESPONSE, UM, BUT WE DID GET ONE RESPONSE IN FAVOR FROM A PROPERTY OWNER OUTSIDE OF THAT 200 FOOT NOTIFICATION BOUNDARY.
I'M AVAILABLE FOR ANY QUESTIONS.
QUESTIONS FOR STAFF ORIAN? CORRECT.
SO THE, THE, THE TWO HOMES ARE BUILT ALREADY? CORRECT.
AND, AND THEY'VE BEEN THERE, DO YOU KNOW HOW LONG THEY'VE BEEN THERE? UH, THE APPLICANT MENTIONED SINCE, SINCE HE PURCHASED IT, PURCHASED IT, UM, EARLY NINETIES.
SO, SO HE HAS A, SO JUST TO MAKE SURE I'M CLEAR ON THIS, HE HAD A PROPERTY THAT HAD TWO STRUCTURES.
HE GOT IT ZONED CORRECTLY? CORRECT.
AND THERE'S NO PROPOSED CONSTRUCTION THAT'S GOING TO REDUCE WHAT THE, WHAT'S ALREADY CURRENTLY THERE, RIGHT? YES.
THE PROPERTIES ARE, OR THE STRUCTURES ARE CURRENTLY WITHIN THAT SETBACK.
AND THEN ON THE SKETCH THAT WAS PROVIDED, IT SHOWED THAT THE REAR, UH, UM, STRUCTURE WAS 11 FEET FROM THE REAR PROPERTY LINE, BUT HE'S ASKING FOR 10.
IS, UH, IS THERE A, SOMETHING INCORRECT SOMEWHERE? I THINK IT CAME TO LIKE, UH, GO BACK TO THE PICTURE WITH THE MEASUREMENTS LIKE 10 TO CHANGE.
IT MIGHT HAVE JUST BEEN A TYPE, YEAH.
THAT'S ALL THE QUESTIONS FOR STAFF.
LET'S BRING THE APPLICANT FORWARD.
UH, FRANCISCO RODRIGUEZ, I'M THE OWNER OF I 21 WEST CYPRUS.
AND, UH, WELL THE ONLY THING I I WANT IS ELECTRIC ON THE, ON ELECTRICITY ON THE BA HOUSE.
AND, UH, I HAD TO REONE IT BECAUSE THEY SAY IT WAS NOT ENOUGH SPACE ON THE BACK.
THAT'S WHAT, THAT WAS THE REASON.
AND THIS HOUSE, THEY WERE BUILT 8 18 80 19 HUNDREDS.
SO THEY WERE, THEY WERE THERE.
UH, MY GRANDMOTHER USED TO OWN THE HOUSES SHE GAVE TO ME, SO.
SO YOU'RE, YOU'RE REQUESTING A, UM, A VARIANCE TO MAKE THIS ALL COMPLIANT.
ANY, ANY QUESTIONS FROM OR ORIAN? UH, UH, IT LOOKS LIKE ON THE SIDE OF THE HOME, THERE'S AN EXISTING DRIVEWAY THAT'S USED TO ACCESS THE REAR STRUCTURE.
IS THAT YOUR, ON YOUR PROPERTY OR THE NEIGHBOR'S? UH, WELL, I'M THE OWNER OF THE NEST HOUSE TOO, SO, UH, WE, I USE IT TO GO TO THE BACK.
OKAY, BUT THAT, THAT IS YOUR ACCESS TO THE YEAH, THAT'S MY, YES.
AND THEN, UH, AS FAR AS PARKING IS CONCERNED, YOU JUST PARK ON THE DRIVEWAY? YEAH, ON THE DRIVEWAY.
AND THERE'S SOME SPACE ON THE FRONT THERE, LIKE FOR THAT HOUSE.
IS THERE, IT LOOKS LIKE THERE'S ALSO SPACE.
IF YOU GO DOWN THE DRIVEWAY, YOU CAN POTENTIALLY PUT A CAR OFF THE DRIVEWAY AS WELL? YES, SIR.
UH, FOR SPACE FOR PARKING, NOT A BIG ISSUE BECAUSE, UH, ON THE BAD HOUSE, UH, THE WHOLE LOT IS EMPTY THERE BEHIND THE HOUSE.
ANYONE, ANYONE ELSE HAVE ANY QUESTIONS? AND I FORGOT TO MENTION, BUT I, WELL, THAT WE HAD THE METER, SO THERE'S AN ELECTRICAL METER THERE, SIGNS, WELL, I GUESS 40, 50 YEARS AGO.
SO WE, WE NEVER HAD ELECTRICITY ON THE BA HOUSE, SO NOW THAT'S WHY I JUST NEED ELECTRICITY ON THE BA HOUSE.
THAT'S, ARE THERE ANY WITNESSES ON THIS CASE? THERE'S NOBODY SIGNED UP TO SPEAK
[01:15:06]
MORE QUESTIONS FOR THE APPLICANT.LET'S, UH, TAKE A LOOK AT, UH, A MOTION ORIAN, MS. DO REGARDING CASE NUMBER BO O A DASH 19 DASH 1 0 3 0 0 1 44.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANDER REQUEST FOR ONE, A 10 FOOT VARIANCE FROM THE 20 FOOT REAR SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE.
AND TWO, A ONE FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A STRUCTURE TO BE FOUR FEET FROM THE SIDE PROPERTY LINE SITUATED AT 8 2 1 WEST CYPRESS STREET.
APPLICANT BEING FRANCISCO RODRIGUEZ, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS SERVED BY SETBACKS WHICH HELP PROVIDE CONSISTENT DEVELOPMENT WITHIN THE CITY OF SAN ANTONIO.
THE APPLICANT IS SEEKING A VARIANCE, ALLOW A STRUCTURE TO BE 10 FEET FROM THE REAR PROPERTY LINE AND FOUR FEET FROM THE SIDE PROPERTY LINE.
THE REQUEST WILL MAINTAIN THE CHARACTER OF DEVELOPMENT IN SAN ANTONIO.
IT DOES NOT APPEAR TO BE CONTRARY TO THE PUBLIC INTEREST.
UH, SINCE THE HOME WAS BUILT BEFORE 1900 AND IT, IT'S NOT BEING ENLARGED.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT MO REMOVING PORTIONS OF THE STRUCTURE THAT ARE WITHIN THE SETBACK.
THIS WOULD RESULT IN UNNECESSARY FINANCIAL HARDSHIP.
BY GRINDING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE INTENT OF A CODE IS TO PROVIDE FOR A CONSISTENT DEVELOPMENT TO ESTABLISH ROOM FOR MAINTENANCE AND TO REDUCE THE THREAT OF FIRE SPREAD.
THE BOARD SUPPORTS THE REQUEST TO REDUCE THE REAR INSIDE SETBACK AS IT WILL MAINTAIN THE SPIRIT OF THE ORDINANCE.
THE VARIANCES WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIAL SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE, THE DISTRICT IN WHICH THE PROPERTY IS LOCATED IN OLDER NEIGHBORHOODS SUCH AS THIS ACCESSORY DWELLING UNITS ARE COMMONLY LOCATED WITHIN THE REAR END, INSIDE SETBACKS ESTABLISHED BY THE UNIFIED DEVELOPMENT CODE THAT THE, THE REQUEST DOES NOT APPEAR TO HAVE ALTERED THE ESSENTIAL CHARACTER OF THE, OF THE SURROUNDING AREA SINCE BEING CONSTRUCTED AND DOES NOT POSE A THREAT TO SUBSTANTIALLY INJURE ADJACENT PROPERTIES.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE.
THE CHARACTER OF THE REAR INSIDE YARDS WITHIN THE DISTRICT ARE PREDOMINANTLY COMPACT, LEAVING LITTLE ROOM FOR CURRENT BUILDING SETBACKS AND A MOTION SECOND.
LET'S GO AHEAD AND START THE DISCUSSION.
MR. YEAH, I I SEE NO PROBLEM WITH THIS.
I MEAN, HE'S TAKEN TWO STRUCTURES THAT WERE BUILT WELL BEFORE THE SETBACKS WERE ENACTED BY THE CITY PRIOR TO 19 TO THE 19 HUNDREDS.
UH, AND HE'S ZONED IT APPROPRIATELY.
HE'S NOT ASKING TO SPLIT IT INTO TWO DIFFERENT LOTS.
HE'S JUST TRYING TO LEGALIZE WHAT'S CURRENTLY THERE.
I'D ALSO LIKE TO POINT OUT THAT THE LOT BEHIND HIM IS ZONED I ONE, EVEN THOUGH IT'S USED AS A RESIDENCE, IF IT EVER WANTED TO BE USED FOR SOMETHING MORE THAN THAT, THEY WOULD HAVE TO HAVE A SIZABLE BUFFER IN THE REAR OF HIS PROPERTY, UH, WHICH IS ONLY A PLUS.
AND SO I'M IN COMPLETE SUPPORT OF THIS ALL.
ALRIGHT, ANYONE ELSE? ALL? OKAY, VERY GOOD.
THEN LET'S GO AHEAD AND TAKE A, UH, VOTE.
HISTORIAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
UH, GOOD LUCK WITH YOUR PROJECT.
I'M GONNA TAKE A, UH, FIVE MINUTE BREAK FOR THE RESTROOM AND THEN COME RIGHT BACK.
LET'S GET THE NEXT CASE GOING.
[6. 20-1513 BOA-19-10300166: A request by Carlos Zapata for a 4’ variance from the 5’ side setback requirement to allow a detached carport to be 1’ from the side property line, located at 1014 East Drexel Avenue. Staff recommends Denial with an Alternate Recommendation. (Council District 3) (Kayla Leal, Senior Planner, (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)]
SUBJECT PROPERTY IS LOCATED AT 10 14 EAST DREXEL AVENUE.[01:20:01]
APPLICANT IS REQUESTING A FOUR FOOT VARIANCE FROM THE SIDE SETBACK TO ALLOW A CARPORT TO BE, UH, ONE FOOT FROM THE SIDE PROPERTY LINE.THE ZONING IS R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT.
YOU CAN SEE IT'S ABOUT A FOOT FROM THE SIDE.
PROPERTY LINE MEASURES ABOUT 10 FEET WIDE NEIGHBORING PROPERTIES.
THE SUBJECT PROPERTY DOES, UH, CONTAIN A SINGLE FAMILY HOME AND IS SURROUNDED BY SINGLE FAMILY RESIDENTIAL.
UM, THE APPLICANT HIRED A CONTRACTOR IN 2019 TO CONSTRUCT THE DETACHED METAL CARPORT.
IT WAS PARTIALLY CONSTRUCTED WHEN THEY RECEIVED, THE APPLICANT RECEIVED A CITATION AND A STOP WORK ORDER FOR THE CARPORT.
IT IS, UH, DESIGNED TO HAVE A CHANNELED METAL ROOF WITH THE SLOPE TO THE REAR.
THE STAFF DOES RECOMMEND AN ALTERNATE RECOMMENDATION OF A THREE FOOT VARIANCE FROM THE SIDE SETBACK, UH, TO ALLOW THE CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE BASED UPON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE DOES NOT PROVIDE ADEQUATE SPACE TO ALLOW STORMWATER RUNOFF AND LONG-TERM MAINTENANCE.
UM, THE ALTERNATE REC REC RECOMMENDATION PROVIDES ADEQUATE SPACE TO ALLOW A CART, UH, AND MAINTAIN APPROPRIATE FIRE SEPARATION STRUCTURE MAINTENANCE, AND, UM, TO PREVENT THE STORMWATER RUNOFF ON ADJACENT PROPERTIES.
UH, AND WE MAILED OUT 25 NOTICES TO THE TWO PROPERTY OWNERS WITHIN 200 FEET.
ONE WAS RETURN IN FAVOR, NONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION.
UH, PLEASE LEMME KNOW IF YOU HAVE ANY QUESTIONS.
YOU HAVE ANY QUESTIONS FOR STAFF OR, UH, ORIAN, MR. ORIAN? SO YOUR ALTERNATE RECOMMENDATION IS, IS ASKING TO BE TWO FEET.
UM, THE, THE PLOT PLAN SHOWS THAT THE, THE DRIVEWAY'S 10 AND A HALF FEET, IF THEY GO DOWN TO TWO, THAT'LL GIVE THEM NINE AND A HALF AND MINUS THE THICKNESS OF THE POST.
SO IT MAY, IT MAY BE JUST A HAIR OVER NINE FEET.
UM, DID YOU, DID Y'ALL TAKE THAT IN CONSIDERATION THAT IT MAY NOT BE ADEQUATE FOR A FULL SIZE, YOU KNOW, CAR TO BE ABLE TO, TO GET IN AND OUT AND BE ADEQUATELY COVERED? OR IS THAT SOMETHING THAT I BELIEVE AN AVERAGE WIDTH THAT WE USE IS NINE FEET.
SO NINE FEET IS A, A GOOD AMOUNT OF SPACE TO FIT A CAR.
I'M, I'M ONLY ASKING 'CAUSE THE PICTURE SHOWS THAT THE PORCH IS HEIGHTENED AND IT HAS A, LOOKS LIKE IT'S A COUPLE FEET UP THERE.
SO I, IT LOOKED, IT MIGHT BE A LITTLE BLOCKED IF, IF A CAR'S PARKED THERE FROM A PASSENGER TRYING TO GET OUT, PASSENGER TRYING TO GET OUT.
I JUST DIDN'T KNOW IF THAT WAS A, A PART OF YOUR, UH, ANALYSIS
WHAT'S THE QUESTION? DIMENSIONS OF THE SLAB? IT'S ON THE SITE PLAN.
WELL, WHAT I WAS CONCERNED IS THE ONE PICTURE, I JUST WANNA MAKE SURE THAT, THAT THERE WASN'T A HEIGHTENED, UH, FINISHED FLOOR NEXT TO WHERE THE PROPOSED CARPORT WAS.
BECAUSE IF IT, IF IT, IF IT WENT UP A COUPLE FEET ON THE SIDEWALL THERE, UM, THEN IT WOULD HINDER THE, THE WIDTH.
BUT IT, ONE PICTURE, IT SHOWS THE STAIRS COMMENCING IN FRONT OF THE PROPOSED COVER AND ANOTHER PICTURE, IT SHOWS A PART OF THE FRONT PORCH.
I JUST WANTED TO MAKE SURE THAT THERE WAS, IT WASN'T BEING, UM, RESTRICTED IN ANY WAY FOR THAT.
WELL, LET'S, LET'S WAIT FOR THE APPLICANT.
LET'S FINISH WITH THE, UH, STAFF.
ANY OTHER QUESTIONS FOR STAFF? F NONE BEING THE CASE.
NOW THE APPLICANT PLEASE COME FORWARD.
NEED YOUR NAME AND ADDRESS FOR THE RECORD BEFORE YOU, UH, DESCRIBE YOUR REQUEST.
HELLO, MY NAME IS CARLOS ZAPATA.
I'M AT, UM, 10 14 EAST DREXEL.
[01:25:01]
UM, A LITTLE, UH, POWERPOINT JUST TO KIND OF SHOW WHAT YOU GUYS WERE TALKING ABOUT EARLIER ABOUT THE, THE WIDTHS ON THE, UH, ON THE, UH, CARPORT ITSELF.UM, I, I BOUGHT THIS HOUSE IN APRIL.
JUST WANTED TO MAKE SOME IMPROVEMENTS.
I JUST HIRED A, A GUY TO, TO BUILD THE, UH, JUST THINKING AND WASN'T GONNA NEED A BARREL BUILDING PERMIT FROM, I'VE NEVER BUILT ANYTHING IN MY LIFE.
AND I THOUGHT, WELL, BUILDING PERMITS ARE FOR BUILDINGS, YOU KNOW, FOR ELECTRICAL AND SO FORTH.
ANYWAY, LONG STORY SHORT, UH, THE CONTRACTOR STARTED THE, ON NOVEMBER 18TH AND ON NOVEMBER 22ND, I GOT A KNOCK AT THE DOOR WITH A STOP WORK ORDER BECAUSE, UH, THEY WERE ASKING FOR A BUILDING PERMIT AT THE TIME.
THE, UH, THE INSPECTOR TOLD ME THAT I NEEDED TO GO DOWN TO THE BUILDING DOWN HERE, TO THE DEVELOPMENT DEVELOPMENT OFFICE, GET A BUILDING PERMIT.
AND, UH, IN FILLING OUT THE APPLICATION AND SHOWING THE PLOT LINE AND WHERE EVERYTHING WAS SITTING, THEY WERE SAYING, WELL, YOU BUILT IT.
IT'S TOO CLOSE TO THE EDGE OF THE, OF THE, UH, THE PROPERTY NEEDS TO BE FIVE FOOT THAT LEFT.
SO IN, UH, REFERENCE TO YOUR, UH, YOUR STATEMENT EARLIER, THE, THE, IT'S BUILT 10 FEET WIDE.
SO IF I WOULD'VE BUILT IT, I MEAN, IF I WOULD'VE MOVED THE BAR, IT SUPPORTS FIVE FOOT OVER, YOU OBVIOUSLY CAN'T GET A CAR IN THERE.
UM, UH, UH, IN REFERENCE TO THE NEIGHBORING, UH, UH, MY NEIGHBOR, UH, OUR DRIVEWAYS ARE, YOU KNOW, RIGHT NEXT TO EACH OTHER.
UM, AS FAR AS THE RAINWATER, I MEAN, IF THE, IF THE, UH, THE, UM, THE, THE STORM WATER, IF GUTTERS NEED TO BE INSTALLED, I'M, I'M WILLING TO DO THAT.
UH, I JUST HATE TO MOVE IT ANY FURTHER THAN YOU KNOW, WHERE IT'S AT RIGHT NOW BECAUSE OF, UM, WELL, ACTUALLY, I GOT, I WANNA GO BACK TO THE, THIS, THIS WAS, I CALLED THIS MORNING AND I, AND I, I, I READ THE, THE AGENDA ON FRIDAY.
AND, UH, I CALLED THIS MORNING TO FIND OUT, YOU KNOW, WHAT IT SAID, UH, IT GAVE A RECOMMENDATION OF AN ALTERNATE RECOMMENDATION.
I SAID, WHAT IS THAT? AND THEY, IT WAS STATED TO ME THAT IT WOULD BE A T TUFA VARI.
SO, YOU KNOW, UH, TUFA WOULD BRING IT OVER.
IT WOULD MAKE IT TIGHT FOR THE CAR THAT I HAVE RIGHT NOW.
I TOOK THIS PHOTO THIS MORNING.
I, I OPENED THE DOORS ON BOTH SIDES AS IT IS RIGHT NOW.
WHEN I GET IN AND OUT, I DO SCRAPE MY DOOR ON THE FENCE IF I'M OVER TWO TO THE LEFT TOO FAR.
AND, UH, I MEAN, IF I BROUGHT IT OVER TWO FEET, I MEAN, IT WOULD BE TIGHT.
IF I GOT A BIGGER CAR, IT WOULD BE EVEN TIGHTER.
UM, AND, UH, WELL, I MEAN, I WOULD GO BACK TO THE OTHER
UM, YOU KNOW, GOING AND LOOKING AROUND MY NEIGHBORHOOD, I'VE, YOU KNOW, THAT'S NOT TO THROW ANYBODY UNDER THE BUS.
BUT, YOU KNOW, THESE, THESE CARPORTS, YOU KNOW, ARE ALL EXIST IN ON PROPERTY LINES.
I MEAN, THOSE ARE THREE, YOU KNOW, GREAT EXAMPLES.
THE ONE ON TOP RIGHT, THE LARGEST ONE, AND, YOU KNOW, HAS A STRUCTURE THAT'S, YOU KNOW, A FOOT WIDE.
NOW GRANTED, THESE ARE PROBABLY BUILT BEFORE, YOU KNOW, ANY RULES WERE IN PLACE, BUT, YOU KNOW, COMMON TO THE NEIGHBORHOOD.
I'M BUILDING SOMETHING THAT'S COMMON TO THE NEIGHBORHOOD.
AND, AND, UM, YOU KNOW, I WANTED SOMETHING THAT WAS AESTHETICALLY PLEASING.
DIDN'T TAKE DISTRACT FROM MY, UH, FRIEND OF MY HOUSE, DIDN'T DISTRACT FROM THE NEIGHBORHOOD, SO I WANTED IT TO BE, YOU KNOW, FARTHER BACK.
SO I WANTED THE SIMPLISTIC STYLE OF JUST A METAL, UH, STRUCTURE.
BUT, UM, I MEAN, THAT'S BASICALLY IT.
I HAD AN INSPECTOR COME OUT AND TELL ME THAT, UH, HE THOUGHT IT WAS REALLY WELL DONE.
UM, YOU KNOW, I'D HAVE IT HIGHLIGHTED.
JUST I SAID THAT, UH, YOU KNOW, THE, THE STRUCTURE AND THE, AND THE, THE WAS WAS ALL TO CODE AND IT LOOKED GREAT FOR HIS, YOU KNOW, REPORT.
SO, AND THEN MY CONCLUSION, I JUST, UH, WHEN TIM WAS ONLY TO IMPROVE MY PROPERTY, I CLAIM IGNORANCE FOR NOT EDUCATING MYSELF.
I NEEDED A BUILDING PERMIT FOR THE PROCESS, AND I JUST ASKED FOR CONSIDERATION FOR APPROVAL TO ALLOW ME TO COMPLETE THIS CARPORT.
IT'S BEEN, YOU KNOW, IN THAT STATE SINCE NOVEMBER OF 2019.
AND HERE I'M FEBRUARY AND JUST TRYING TO RESOLVE IT.
SO, UH, YOU KNOW, THE, THE, HOW THE STORMWATER RUNOFF IS GONNA BE MANAGED.
SO THE, YOUR ROOF PITCH CURRENTLY WILL FALL ON TOP OF THE CARPORT THAT YOU'RE ATTEND BUILT.
AND HOW IS THIS, HOW IS THE PITCH OF THE ROOF OF THE CARPORT? I HAD 'EM CONSTRUCTED, SO IT WOULD FALL BACK TO THE BACK IF YOU, UH, SO NOW IT'S GONNA GO TO THE BACK.
AND THEN, UH, FROM THE AERIAL PHOTO, SEE, ONE OF THE THINGS, UH, THAT WE LOOK AT IS NOT ONLY HOW STORM WATER IS, BUT THERE'S FIRE PROTECTION, HOW IT AFFECTS YOUR NEIGHBORS.
AND SO IT'S, IT'S, IT'S, YOU WANT ROOM ON THE SIDE OF YOUR HOME FOR A FIRE PERSONNEL TO GET THERE IN CASE OF A FIRE.
'CAUSE YOU HAVE STRUCTURES IN THE REAR, BUT IS THE ALLEY BEHIND YOU PAVED? YES, IT'S PAVED IN THE, SO, SO YOU DO HAVE ACCESS IF, IF, IF THIS, IF YOU HAD A CAR PARKED IN, INTO THIS CAR PORT, AND LET'S SAY IT WAS VERY DIFFICULT BECAUSE OF THE POST FOR SOME, A FIRE PER PERSONNEL A BACK.
THEY DO HAVE ONE OTHER SIDE, WHICH SEEMS TO BE
[01:30:01]
UNHINDERED AND THEN MAY HAVE ACCESS FROM REAR ACCESS IN THE BACK.THAT'S WHERE OUR, UH, WASTE OF THE GARBAGE IS COLLECTED RIGHT NOW.
UM, I HAVE A, A QUESTION FOR YOU.
OH, WHERE'D YOU GO? DISAPPEARED.
ONE OF THE THINGS THAT, THAT, UH, WE FIND A LOT IN THE CITY OF SAN ANTONIO IS THAT FENCES DON'T NECESSARILY REFLECT WHERE THE PROPERTY LINES ARE.
AND, UM, WHEN YOU PUT SOMETHING IN SO CLOSELY TO WHERE YOU THINK A PROPERTY LINE IS, 'CAUSE I'M, WHEN YOU BACK UP THIS PHOTOGRAPH, I NOTICED THAT YOUR, UM, YOUR APPROACH, YOUR APRON FOR YOUR DRIVEWAY IS MUCH FURTHER TO THE, I, I DON'T KNOW THE DEPTH, BUT HERE IS, YOU NOTICE THAT HERE IN THIS, YOU'VE TAKEN MUCH FURTHER OVER ON THIS PHOTOGRAPH THAN NORMALLY WOULD BE FOR THE DRIVEWAY.
I'M, I WOULD BE CONCERNED THAT YOU MAY ACTUALLY BE TOUCHING THE PROPERTY PROPERTY, BUT, UH, BECAUSE THESE FENCES, UNLESS SOMEONE GETS OUT THERE WITH A TRANSIT AND ACTUALLY PLACES IT DIRECTLY ON THE PROPERTY LINE, THEY'RE NEVER REALLY RIGHT.
THAT'S WHAT I, MY CONCERN IS WITH THIS, IS THAT, GO AHEAD.
UH, SO ON YOUR PLOT PLAN, IT LOOKS LIKE YOU TOOK, DID YOU TAKE A, A SEALED TITLE SURVEY AND MAKE THAT YOUR PLOT PLAN? BECAUSE IT, YES, BECAUSE IT LOOKS LIKE IT'S SHOWING THE FENCE ON THE PROPERTY LINE.
AND THAT WOULD, THAT WOULD BE ANSWER OUR, BUT, BUT YOU KNOW, IT DOESN'T SHOW IT AS A SURVEY PRODUCT.
I HAVE A COPY OF THE PROPERTY LINE ONLINE.
I, I MEAN, I DID TAKE THE PROPERTY LINE AND I, I, I ADDED THE DRAWING TO IT, BUT IT WAS A SEALED SURVEY.
'CAUSE I JUST PURCHASED THE HOUSE IN APRIL, SO IT'S, WELL, I'M JUST WONDERING IF IT SHOWED, IT SURVEY DOESN'T SHOW DOTED LINE IF YOUR SURVEY HAD A LEGEND, UH, AND 'CAUSE IT, IT'S REFLECTING THESE, UH, YOU KNOW, THIS, THIS LINE STYLE.
NO, I UNDERSTAND THE, THE, THE, THE POINTS WITH THE LINES AND THAT, THAT, THAT INDICATES THE, UH, THE, THE CYCLONE OR NOT THE CYCLONE, WELL LOOKS LIKE NEAR THE, NEAR THE SHED.
THERE'S A DIMENSION TO SHOW HOW FAR AWAY THE SHED IS FROM THAT LINE.
AND I'M JUST CURIOUS TO SEE IF THERE WAS ANY DIMENSIONING FROM A FENCE TO THE PROPERTY LINE, JUST TO GIVE US AN IDEA OF WHERE YOU TRULY ARE.
I MEAN, WELL, THIS PARTICULAR DRAWING SHOWS THAT ON THE, THE DRIVEWAY.
IF THAT'S THE CASE, THEN YOU'RE, IF YOU COULD VERY WELL BE ON THE PROPERTY LINE, CANNOT, UM, OFFER A, UH, VARIANCE THAT ALLOWS CONSTRUCTION ON A PROPERTY LINE OTHER THAN A FENCE.
SO, I MEAN, IT'S GONNA BE VERY DIFFICULT TO KNOW FOR SURE.
WHATEVER WE END UP DOING, IF WE ALLOW ANY VARIANCE WHATSOEVER, UH, THEY END UP HAVING TO MOVE ONE OF THOSE POSTS.
THAT'S JUST THE NATURE OF THE BEAST.
BUT, UM, IS, FROM WHAT I SEE FROM THE PHOTOGRAPHS HERE, YOUR POST, EVEN FROM THE FENCE, SHOWED THAT IT WAS NINE, NINE INCHES AWAY FROM THE, FROM THE FENCE.
AND YOUR PERMIT, YOUR REQUEST IS FOR A ONE FOOT VARIANCE.
WELL, LIKE, LIKE YOU SAID, THE, THE FENCE ON THE, ON THE BACK END IS WAY MORE THAN, UH, THAN ON THE BACK POST IS WAY MORE THAN FOOT.
SO IT'S KIND OF
I KNOW, BUT I'M JUST SAYING THAT ONCE WE ISSUE A CODE ISSUE AND WHATEVER IT IS, I GET YOU, IF YOUR NEIGHBOR SAYS, WELL, YOU'RE OVER SIX INCHES AND HE COULD PRODUCE A PLA THAT SAYS IT IS, THEN YOU'D HAVE TO COMPLY.
SO THAT, THAT WOULD BE MY CONCERN HERE.
I I, I, I PERSONALLY THINK THAT, UH, YOU KNOW, THE, THE DOOR IS NOT, YOU KNOW, THERE ARE VERY FEW CARPORTS THAT WHERE YOU'RE ALLOWED TO OPEN YOUR CAR DOORS ALL THE WAY
I CAN'T EVEN DO THAT IN MY GARAGE.
BUT THE UH, POINT IS, IS THAT AT THIS PARTICULAR POINT, I THINK IT'S IN YOUR BEST INTEREST TO MOVE POST, JUST MAKE SURE THAT YOU'RE NOT ON THE PROPERTY LINE.
BUT, UM, HOW THE, HOW THE VOTE GOES.
UM, NOW YOU SAW THE STAFF HAD RECOMMENDED SOMETHING
[01:35:01]
TOTALLY DIFFERENT.WELL THAT'S WHAT THE, THE YELLOW MARKINGS THERE WAS THE, THE TWO FOOT.
AND IT JUST, IT JUST, IT JUST MAKES IT MORE NARROW THAN, I MEAN, NOT NARROW THAN FIVE FOOT, BECAUSE OBVIOUSLY IT WOULDN'T BE ABLE TO FIT A CAR IN THE FIVE FOOT AREA.
BUT, UH, BUT THIS, CURRENTLY, THIS THING HAS NO COVER.
IT WAS A STOP WORK ORDER, SO I COULDN'T, IT COULD NOT BE COMPLETED.
SO, ANYONE ELSE, ANY MORE NOTICE OR NOTIFICATION HERE? ALRIGHT.
DID, UH, ARE THERE ANY WITNESSES ON THIS CASE? THERE'S NOBODY SIGNED UP.
UH, I THOUGHT I HEARD IN THE STAFF REPORT THAT THERE, WAS THERE A, UM, UM, A STATEMENT OR A DESIGN SUBMITTAL THAT THAT REFLECTED THAT IT WAS DRAINING FROM FRONT TO BACK? I DON'T KNOW.
I THOUGHT I HEARD A STATEMENT ABOUT THAT.
I BELIEVE, UH, THE APPLICANT IS PROPOSING THAT TO DRAIN ON HIS PROPERTY TOWARD THE BACK.
THAT'S SOMETHING THAT WE ARE ALLOWED TO USE.
UM, THAT WOULD BE PART OF YOUR FINDINGS OF FACT, NOT A CONDITION THAT THAT'D BE EVIDENCE.
AND A FAILURE TO DO SO MEANS IT DOESN'T COMPLY.
YOU WANT TO, ANYONE WANNA MAKE A RECOMMENDATION? WELL, WE'VE GOT YOUR TESTIMONY.
WE KNOW WHAT YOU'RE, WHAT YOU'D LIKE AND, AND, UH, WE'D LIKE, UH, TO ALWAYS COMPLY AS MUCH AS WE CAN.
UH, BECAUSE LEGALLY WE ONLY, WAIT A SECOND.
IS THIS CARPORT ATTACHED TO ANYTHING? YES, SIR.
I'M GONNA, I'M GONNA CLOSE THIS PORTION TO THE PUBLIC.
LET'S, LET'S, UH, HAVE A MOTION.
REGARDING CASE NUMBER BO O A DASH 19 DASH 1 0 3 0 0 1 66, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A FOUR FOOT VARIANCE FROM THE SIDE SETBACK REQUIREMENT FOR A FREESTANDING CARPORT AS SUBMITTED AS DESCRIBED IN SECTION 35 DASH THREE 10.01 TO ALLOW A CARPORT TO BE ONE FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 10 14 EAST DREXEL AVENUE, APPLICANT BEING CARLOS OF PATTA BECAUSE A TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS SERVED, UH, BY A ONE FOOT SETBACK AND THE CARPORT BEING SLOPED TO THE FRONT OR THE REAR TO ENSURE ADEQUATE DRAINAGE DUE TO TWO, DUE TO SPECIAL CONDITIONS.
A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
UM, THE SUBMITTED IN CARPORT IS OF ADEQUATE WIDTH FOR A SINGLE VEHICLE AND WILL BE, AND WILL BE CONSTRUCTED TO PROVIDE, UH, ADEQUATE STORMWATER RUNOFF AND FIRE SEPARATION AS IT IS CONSTRUCTED OUT OF METAL.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
UH, THE REQUEST AS SUBMITTED, UH, WAS FOUND TO OBSERVE THE SPIRIT OF THE ORDINANCE.
UH, FOUR, THE VARIANCE WILL NOT AUTHORIZE THE AUTH, THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
UH, OTHER HOMES, UH, NO, I'M SORRY.
NO OTHER USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED, UH, WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
UM, IF BUILT AS SUBMITTED, UH, THE CARPORT WOULD BE IN LINE WITH OTHER CARPORTS THAT ARE, UM, THAT WERE OBSERVED, UH, AND PRESENTED WITHIN THE NEIGHBORHOOD.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES 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 AND WHICH THE PROPERTY IS LOCATED.
THERE IS ADEQUATE SPACE ON THE SIDE, UH, OF THE STRUCTURE AS WELL AS BETWEEN THE CARPORT AND THE EXISTING FENCE, WHICH IS REFLECTED TO
[01:40:01]
BE THE PROPERTY LINE, UH, ON, IN THE APPLICATION.AND THEREFORE, THERE IT IS FOUND THAT THE PROPOSED CARPORT IS, IS OF, IS ADEQUATE AND PROPORTIONATE END OF MOTION.
SO YOU'RE GOING TO GO WITH THE RECOMMENDATION OF THE APPLICANT.
SO I'M, I'M GONNA BE IN SUPPORT AS RED, UH, BECAUSE THE CARPORT IS, IS METAL BECAUSE THE CARPORT, UH, IS, UH, REFLECTED TO BE ONE FOOT OFF THE EXISTING FENCE, WHICH IS SHOWN TO BE WHERE THE PROPERTY LINE LINE LIES AS PER, UM, THE PLOT PLAN SUBMITTED BY THE APPLICANT IN VERBAL TESTIMONY.
THAT, THAT, THAT THAT FENCE LINE IS IN FACT THE PROPERTY LINE.
YEAH, I TOO, I TOO AM SUPPORTING THE MOTION, UH, GIVEN THAT A, IT'S A SEPARATE STRUCTURE NOT ATTACHED TO THE MAIN DWELLING UNIT.
UH, B THE SLOPE OF THE, OF THE WATER IS TOWARDS THE BACK.
SO IT'S NOT GONNA IMPOSE ON THE NEIGHBOR.
THE NEIGHBOR HAD A RIGHT TO BE HERE TO PETITION IF HE WAS AGAINST IT OR IF HE HAD ANY ISSUE.
THERE WAS NO ONE SIGNED AN OBJECTION OF THE REQUESTED VARIANCE AND THEREFORE, UM, I'M SUPPORTING, UH, THE MOTION.
ANY OTHER INPUT? MANNA? YES, MR. MANNA.
SO, UH, JUST AN OBSERVATION TO REMIND, UM, THE PETITIONER HERE THAT, UH, YOU KNOW, THERE IS GONNA BE ONE FOOT AND ONE OF THE FIRST PICTURES IS SHOWN HERE IN THE CASE THAT THE INSIDE THE POLE IS WITHIN, OR THE POLE'S WITHIN THE ONE FOOT.
SO THAT FIRST POLE, IF THE, UM, FENCE IS THE LINE WOULD IMPLY THAT THAT POLE HAS MOVED REGARDLESS.
AND SO IF IT IS GONNA BE ONE FOOT RECOGNIZE IT'S ONE FOOT AND YOUR STRUCTURE HAS TO BE, UM, WITHIN THAT, RIGHT? AND, AND I BELIEVE WHAT MR. MANNA WAS SAYING IS THAT WE CAN'T RELY UPON INFORMATION THAT IS NOT VERIFIED.
SO IT'S A DEVIATION FROM THE ONE FOOT VARIANCE.
YOU MAY HAVE TO DO SOME MODIFICATIONS TO THE, WHERE THE VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
TERELLI, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
UH, GOOD LUCK AND BE SURE BEFORE YOU CONTINUE 'CAUSE IT'S EASIER TO DO IT NOW THAN TO TO WAIT.
[7. 20-1468 BOA-19-10300170: A request by Jesse Barrera for 1) a 4’ variance from the 5’ side setback requirement to allow an attached carport to be 1’ from the side property line and 2) a 2’ variance from 5’ side setback requirement to allow a detached accessory structure with projected eaves to be 3’ from the side property line, located at 2507 Menchaca. Staff recommends Denial. (Council District 5) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)]
BO, A 19 1 0 3 0 0 1 7 0 ADDRESS BEING 2 5 0 7 MANCHACA, UH, APPLICANT BEING JESSE BARRETA.A REQUEST FOR ONE, A FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FOOT FROM THE SIDE PROPERTY LINE.
AND TWO, A TWO FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DETACHED ACCESSORY STRUCTURE WITH PROJECTIVE EAVES TO BE THREE FEET FROM THE SIDE.
PROPERTY LINE ZONING IS RESIDE RESIDENTIAL SINGLE FAMILY.
OKAY, SUMMARY CODE ENFORCEMENT ISSUED THIS CASE ON AUGUST 14TH, 2019 DUE TO THE CARPENTER BEING BUILT WITHOUT PERMIT.
ON SEPTEMBER 23RD, 2019, THE OWNER APPLIED FOR A PERMIT.
HOWEVER, ALL INSPECTIONS WERE PLACED ON HOLD DUE TO SETBACK VIOLATIONS.
THE OWNER SUBMITTED A SITE PLAN WITH THE PERMIT THAT PLACED THE CARDBOARD THREE FEET AWAY FROM THE SIDE PROPERTY LINE.
DURING SITE VISITS, STAFF TOOK NOTE OF A DETACHED ACCESSORY STRUCTURE, ALSO WITHIN THE SIDE SETBACK.
IN THE REAR OF THE PROPERTY, THERE IS A REAR ALLEY PRESENT WITH A DEPTH OF MORE THAN 10 FEET.
THUS NO REAR SETBACK VARIANCE IS REQUIRED.
THE APPLICANT IS REQUESTING KEEP BOTH THE CARPORT AND ACCESSORY STRUCTURE BUILT WITHOUT PERMITS WITHIN THE SIDE SETBACK.
THE CARPORT DOES DRAIN ONTO THE ADJACENT PROPERTY, WHICH IS NOT ALLOWED.
THERE IS A DOWNSPOUT PRESENT ON THE ACCESSORY STRUCTURE, BUT IS LOCATED OUTSIDE THE PROPERTY.
AND HERE IS THE PROPERTY SUBJECT, PROPERTY FRONT VIEW, SUBJECT PROPERTY VIEW OF THE CARPORT, CARPORT, AND THAT ACCESSORY STRUCTURE IN THE REAR WITH THE DOWNSPOUT, WHICH CAN BE EASILY MOVED INTO THE SUBJECT PROPERTY.
[01:45:01]
UH, MEASURED FROM THE EVE TO THE FENCE, WHICH ASSUMED IS A PROPERTY LINE THREE FEET.AND HERE IS THE NEIGHBORING PROPERTIES.
RE RECOMMENDATION STAFF RECOMMENDS DENIAL WITH BO O A 19 103 0 0 1 70 BASED ON THE FOLLOWING FINDINGS OF FACT NUMBER ONE, THE APPLICANT APPLIED FOR A CARPORT PERMIT AND SUBMITTED A SITE PLAN WITH A THREE FOOT SIDE SETBACK.
AND TWO, THE CARPORT POST CAN BE LOCATED THREE FEET FROM THE SIDE PROPERTY LINE WITH NO OVERHANG, WITH THE EAVES OF ACCESSORY STRUCTURE CAN BE MODIFIED TO ADHERE TO A THREE FOOT SIDE SETBACK REQUIREMENT WITHOUT BOARD APPROVAL.
ONE IN OPPOSITION OUTSIDE THE 200 FOOT BOUNDARY.
NO RESPONSE FROM PROSPECT HILL OR WEST END HOPE IN ACTION NEIGHBORHOOD ASSOCIATION.
IS THERE ANY QUESTIONS? QUESTIONS FOR STAFF? ORIAN? YOU MENTIONED THAT THE GUTTER, UH, DOWNSPOUT WAS, WAS OFF THE PROPERTY.
DID I HEAR THAT RIGHT? YEAH, THAT WAS FOR THE ACCESSORY STRUCTURE RIGHT THERE, THAT LONG BLACK TUBE, WHICH EASILY CAN BE MOVED BACK INTO THE, UM, SUBJECT PROPERTY THOUGH.
THEY'RE NO LONGER A HOUSE NEXT TO IT ON THE HOUSE.
THERE WAS, IT WAS DEMOLISHED RECENTLY.
SO IT'S, IT'S CURRENTLY VACANT.
ANY OTHER QUESTION? ZUNA ANNA? OKAY.
REGARDING THE ACCESSORY STRUCTURE MM-HMM.
SEE IF YOU REMOVE THESE, OUR MEASUREMENT, UH, THREE FEET IS FROM THE EAVE OVERHANG TO THE PROPERTY LINE WITH THE, UM, IF YOU MEASURED IT FROM THE STRUCTURE, IT'D BE, UH, ABOUT FOUR FEET, NO, WITHOUT EVES YOU CAN HAVE THE EFFEXOR STRUCTURE THREE FEET FROM THE SIDE PROPERTY LINE MAN.
WOULD THE EVE, UH, DIALOGUE PER DISTANCE ALSO INCLUDE THE WIDTH OF THE GUTTER ATTACHED? SO IS IT, UH, EVE PLUS GUTTER TO, FOR THAT THREE FOOT, OR IS IT JUST THE SIDE OF THE E FOR THE THREE FOOT? WE, WE ARE TALKING ABOUT THE SIDE OF THE, UH, STRUCTURE ITSELF.
SO ANYTHING OUTSIDE THAT STRUCTURE HAS TO BE PUSHED BACK OR MODIFIED TO BE IN COMPLIANCE WITH THREE FEET.
ANY OTHER QUESTIONS? UH, OR IN HISTORIAN, UH, FROM THE PICTURES, THIS PLACE LOOKS RELATIVELY FLAT.
SO IS THAT WHERE THE WATER WOULD NATURALLY RUN FOR THE BACK? YES.
IN THE FRONT, UH, THERE IS A, UH, SLOPE.
I'M NOT SURE HOW MUCH THERE IS A MINIMUM MINIMAL SLOPE GOING TOWARDS THE STREET.
SO THE WAY HE HAS A DOWNSPOUT CONFIGURED FOR THE CARPORT, YOU TH YOU THINK IT LOOKS LIKE IT PER IT WOULD PERFORM? OH YES, ABSOLUTELY.
'CAUSE THERE IS ALSO A SMALL LITTLE RETAINING WALL, UM, THAT WHERE THE WATER CAN BE DIRECTED STRAIGHT TO THE STREET.
THE LAST QUESTION FOR STAFF, LET'S BRING THE APPLICANT.
UH, THE REASON I GOT IT BUILT THIS WAY IS BECAUSE I HAVE A VERY SMALL DRIVEWAY AREA.
AND, UH, I ALSO DIDN'T REALIZE THAT I WAS GETTING A PERMIT TO DO THIS 'CAUSE I'VE BEEN BUILDING MYSELF.
UH, MY NEIGHBOR COMPLAINED TO ME ABOUT IT AND WE CUT ANOTHER FOOT BACK.
IF I GO ANY FURTHER, I MIGHT AS WELL JUST, UH, REMOVE IT, YOU KNOW, 'CAUSE IT'S, IT'D BE CREATING TOO MUCH OF A PROBLEM FOR ME.
I CAN'T, THEY BE LIKE, LIKE IT IS, IT'D BE GREAT, BUT GOTTA COMPLY WITH WHAT THE BOARD DECIDES.
AND, UH, ME AND MY WIFE WERE BOTH HANDICAPPED, SO WE NEEDED TO COVER WHEN WE GOTTA COME OUT IN THE RAIN OR SOME STUFF LIKE THAT.
I HAVE A QUESTION FOR YOU REAL QUICK.
UH, THE GUTTER THAT YOU HAVE COMING OFF THE CARPORT THAT'S TURNED TOWARD THE DEFENSE.
TURN, UH, IT LOOKS AS IF IT'S TURNED TOWARD THE FENCE.
IS THERE SOMETHING THAT DIVERTS THE WATER FROM PREVENT FROM DRAINING OVER TO YOUR, TO YOUR NEIGHBOR'S PROPERTY? WELL, I, I GOT THE,
[01:50:01]
THE, AS YOU CAN, YOU CAN SEE THE, THE GUTTER AND IT'S STAYING IN MY PROPERTY NOW.SO, UH, I TALKED TO THE NEIGHBOR THE LAST TIME ABOUT THREE OR FOUR DAYS AGO, AND, UH, HE DIDN'T COMPLAIN ABOUT IT.
SO, I MEAN,
IS IT DRAINING ON THE DRIVEWAY OR IS IT DRAINING TOWARD YOUR NEIGHBOR'S PROPERTY? UH, THAT'S MY EARS OVER THERE.
I CAN HEAR THE WORD SOMETIMES AND I CAN PROCESS COME FORWARD.
I JUST NEED YOUR NAME AND ADDRESS AND YOU CAN INTERPRET, GOTTA WORK AS A TEAM.
MY NAME IS SUZANNE BARRERA AND I LIVE ON 25 0 7 MACHACA, MY HUSBAND.
DID YOU UNDERSTAND THE QUESTION? YES, SIR.
THE DOWNSPOUT IS A DRAIN DOWN THE SIDEWALK.
NO UHHUH ON MY DRIVEWAY STREET.
ALRIGHT, IS THERE A, IS THERE A CONCRETE CURB ALONG THE EDGE OF THE DRIVEWAY? IS THAT WHAT I'M SEEING? IT'S ALL THE WAY DOWN, SO THERE'S NO WAY FOR IT TO REALLY CROSS OVER THE PROPERTY LINE THE WAY IT IS.
ANY OTHER QUESTIONS FOR THIS FAMILY? AND ARE THERE ANY WITNESSES ON THIS CASE? WE DO.
WE HAVE ONE SIGNED UP, UH, MR. DAVID GUANO.
ALRIGHT, PLEASE HAVE A SEAT AND I'LL BRING YOU BACK IN A MINUTE.
AFTERNOON EVERYONE APPRECIATE YOUR TIME AND ADDRESS FOR, FOR THE DAVID GUANO.
MY ACTUAL ADDRESS IS 11 2 11 BERKELEY SQUARE.
THE RESIDENCE IN QUESTION IS MY PARENTS' PROPERTY, 25 11 CHAKA.
AND I DO START A STATEMENT BY, MY NAME IS DAVID GUANO.
I'M THE FOURTH OF SEVEN CHILDREN BORN TO RAYMOND AND MEDO GUANO, ONE OF SEVEN HEIRS TO THAT POSSIBLE PROPERTY.
LET ME SAY TO MR. AND MRS. BARRERA THAT THIS ISSUE HAS DIVIDED MY BROTHERS AND I.
SO BEING HERE IS NOT TAKEN LIGHTLY, NOR AM I HERE TO CAUSE ANY HARDSHIP TO ANYONE.
I HOPE THAT WHEN THIS DECISION IS MADE FOR THIS ISSUE, THAT BOTH FAMILIES CAN CONTINUE AS GOOD NEIGHBORS.
ON MARCH 15TH, 2019, MY FATHER'S 91ST BIRTHDAY, MY PARENTS, MYSELF AND MY BROTHERS AND SISTER LOST OUR HOME DUE TO A FIRE THAT BEGAN WITH AN EXPLOSION AT 25 15 MENCHACA.
THE WINDY WEATHER CONDITIONS THAT DAY WERE ENOUGH TO CAUSE MORE DAMAGE TO OUR HOME THAN THAT WHERE THE EXPLOSION OCCURRED.
THE CITY CONDEMNED OUR HOME AND CITED US WITH THE NEED TO DEMOLISH IT OURSELVES OR THE CITY WOULD TAKE ACTION AND DEMOLISHED IT AND BILL US FOR THAT.
JUST UNDER 10 DAYS AND $10,000, WE DEMOLISHED OUR HOME.
SEVERAL YEARS AGO, I BELIEVE MY PARENTS WERE CITED FOR CONDITION OF THE HOUSE.
YES, IT NEEDED PAINTING, YOU KNOW, AS MANY RESIDENTS DO.
OVER $20,000 LATER, DAD HAD COMPLIED WITH THE CITY AND HAD SIDING TOP TO BOTTOM ALL AROUND THE HOUSE.
DAD COMPLIED A FEW YEARS AGO, THEY WERE CITED FOR A COUPLE OF SMALL DOGS AHEAD.
I BELIEVE DAD SAID THAT THE REASONS WERE THAT THEY WERE NOT BEING WATERED OR FED AND NOT ENOUGH SHADE, WHICH IN FACT, DAD ALWAYS MADE SURE THAT THEY HAD WATER AND FOOD.
AS FAR AS FOR THE SHADE, THERE ARE PLENTY OF TREES ON THE PROPERTY AND THEY WERE ALWAYS ABLE TO GET UNDER THE HOUSE SINCE THE HOUSE WAS ON POSTS.
BOTTOM LINE AGAIN, MOM AND DAD COMPLIED, TOOK THE DOGS TO THE ANIMAL SHELTER COMING FULL CIRCLE ALMOST A YEAR LATER.
WE NOW HAVE, WE NOW ARE CLOSE TO BEGIN BUILDING A NEW HOME FOR MY MOM AND DAD.
ALL OF THE DETAILS IN COMPLIANCE WITH CITY CODE PLANS DRAWN BY LICENSED PROFESSIONAL ENGINEER, AS WELL AS SOIL SAMPLES AND SURVEYS FOR THE PROPERTY BY LICENSE PROFESSIONAL ENGINEERS, I'M SORRY, THE PLAN WAS BY A PROFESSIONAL DESIGNER.
PERMITS HAVE BEEN APPLIED FOR AS OF LAST WEEK.
I ASKED FOR THE BOARD, UH, FOR A FAIR DECISION ON MY PARENTS' BEHALF ON THE FIRST ITEM, WHICH IS THE CARPORT.
AS FOR ITEM NUMBER TWO, THE DETRACT STRUCTURE, THERE'S NO CONTEST FOR THAT.
UH, ANY QUESTIONS FOR THIS GENTLEMAN? ORIAN, ORIAN.
SO YOU SEEM VERY FAMILIAR WITH THE PROPERTY, UH, THE STRUCTURE IN THE REAR THAT YOU'RE NOT CONTESTING THAT HAS BEEN
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THERE A LONG TIME, THAT'S BEEN THERE FOR A LONG TIME.AND YOU, YOU DON'T, IT DOESN'T POSE ISSUE WITH YOUR USE OF THE PROPERTY.
IT'S POUR OFF BACK INTO THEIR PROPERTY AND AWAY FROM THE NEW PROPOSED.
AND AS FAR AS THE CARPORT IS CONCERNED, UM, YOU KNOW, OUR COMMON ISSUES THAT WE RAISE IS, IS DRAINAGE RUNOFF.
AND FROM LOOKING AT THE PICTURES, THERE'S A, THERE'S A PRETTY HEFTY SLOPE ON THAT.
BUT, UH, WHAT ARE YOUR THOUGHTS OF, OF, HAVE YOU BEEN OUT THERE DURING A RAIN EVENT TO SEE HOW IT FUNCTIONS DURING RAIN? NO, SIR.
SO I DON'T KNOW HOW IT FUNCTIONS.
AND THE REASON WE'RE HERE REALLY IS BECAUSE COMPLIANCE CODES STRICTLY SAYS ANY STRUCTURE SHOULD BE FIVE FOOT SETBACK FROM PROPERTY LINES.
WE'RE COMPLYING WITH OUR NEW PLANS.
WE BELIEVE OTHERS SHOULD ALSO.
AND THE CARPORT THAT THEY'RE SUBMITTING IS DIMENSION TO BE 39 FEET DEEP.
UM, WOULD YOU TAKE ISSUE IF IT WAS LESS THAN 39 FEET? QUESTION IS NOT THE DEPTH QUESTION IS AT ALONG THE PROPERTY LINE AS FAR AS THE FENCE IS CONCERNED.
AND WE DISCUSSED AT THE OTHER CASE THAT FENCE LINES AREN'T ALWAYS THE EXACT PROPERTY LINE, BUT STILL FROM THE EXISTING HOME, UH, TO THE POSSIBLE PROPERTY LINE, IT'S OUTTA COMPLIANCE.
DID, UH, YOU, UH, HOW LONG DO YOU THINK THAT CARPORT'S BEEN SITTING THERE? EARLY? I HAVE NO EXACT UH, IDEA BECAUSE SINCE MY PARENTS' HOME WAS DEMOLISHED, UM, I PERSONALLY GO BY THERE EVERY ONCE IN A WHILE.
IF IT NEEDS CUTTING, THEN I WORK ON A TIMEFRAME TO GET IT CUT.
UM, I HONESTLY COULDN'T SAY HOW LONG IT'S BEEN.
DEFINITELY NOT MORE THAN I'M SAY A YEAR SINCE MY PARENTS' HOUSE BURNED.
SO YOU'RE SAYING THIS, THIS, THIS AIRPORT IS LESS THAN A YEAR OLD? ABSOLUTELY.
IT'S PROBABLY LESS THAN SIX MONTHS OLD.
AND UH, OBVIOUSLY THEY BELIEVE THEY HAVE A NEED FOR A CARPORT.
HOW MUCH, UH, ROOM DO YOU THINK THEY, THEY YOU COULD WORK WITH OR THEY COULD WORK WITH YOU TO MAKE IT A MORE EFFECTIVE USE OF THE LAND? WITH ALL DUE RESPECT, YOU GUYS ARE THE BOARD.
I'M ASKING YOU, I HAVE NO IDEA.
I HONESTLY DON'T HAVE ANY IDEA.
SAID THAT YOU HAD HAD, UH, AN ARGUMENT AMONG SOME OF THE OTHER FAMILY MEMBERS.
WELL I'M JUST TRYING TO FIGURE OUT HOW WE CAN MAKE SOME, UH, USEFULNESS OUT AREA.
A LOT OF PEOPLE, UH, BELIEVE THEY NEED CARPORTS.
I MEAN, THIS ONE LOOKS LIKE IT'S A LITTLE BIT ON THE WIDE SIDE, BUT THE, UH, THE POINT BEING IS THAT, UM, OBVIOUSLY THEY THINK THEY NEED IT.
THEY POURED CONCRETE, LOOKS LIKE THEY POURED CONCRETE QUITE A WHILE AGO.
ABSOLUTELY, YES, THAT'S CORRECT.
BUT, UM, ALRIGHT, THANK YOU FOR ANYONE ELSE HAVE ANY QUESTIONS.
THANK YOU FOR EXPRESSING YOUR OPINION HERE AND WE'LL SEE WHAT WE CAN DO.
ALRIGHT, LET'S, LET'S BRING THE APPLICANT BACK.
OH, CAN YOU, CAN YOU PLEASE RE RETURN? YOU MIGHT WANNA BRING YOUR EARS TOO.
THE MORE INVOLVED, THE BETTER IT CAN BE.
NOW, AS YOU'VE HEARD STATED BY THE WITNESS THERE, THAT THIS CARPORT HAS ONLY BEEN THERE A SHORT PERIOD OF TIME.
IS THAT YOUR INTENTION? IS THAT WHAT YOU OH, IT'S BEEN, UH, IT'S BEEN THERE A YEAR.
UM, I FINISH YET
WELL, WE CUT, UH, WE CUT OFF OF IT.
HOW MUCH DID WE CUT IT? UH, A FOOT, A FOOT OFF.
SO THAT WAY WE COULD PUT A, BECAUSE WHEN THEY STARTED COMPLAINING, UH, UH, WE HADN'T FINISHED YET.
SO, UH, WE HADN'T CUT OFF, UH, A FOOT FROM THE FENCE LINE TO, TO OUR, TO THE ROOF.
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IT SO THAT WAY THE WATER WON'T BOTHER THEIR, THEIR YARD.I I SEE THAT THE, THE CARPORT IS BUILT OF STEEL.
WELL, IT'S BUILT TO THE ROOF OF OUR HOUSE DOWN THIS WAY.
GOT STEEL BEAMS, UHHUH
THAT'S WHAT IT, AND AS YOU CAN SEE THERE'S ABOUT, UH, A CURVE ABOUT THIS MUCH SO THE WATER WON'T GO TO THEIR HOUSE.
UH, THEN, UH, WE'LL SEE WHAT THE BOARD HAS TO SAY ABOUT THIS.
WE APPRECIATE YOUR TIME AND UH, PLEASE HAVE A SEAT.
I'M CLOSING THIS TO THE PUBLIC AND ENTERTAINING A MOTION FROM THE BOARD.
ANYONE ORIAN? ALRIGHT, REGARDING CASE NUMBER BO A DASH 19 DASH 3 0 0 1 70, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A THREE FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE.
ALRIGHT,
APPLICANT BEING JESSE BADA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS, IN INSTANCE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
UH, BOTH THE CARPORT AND ACCESSORY STRUCTURE HAVE BEEN IN PLACE, UM, AND THERE HAS BEEN PROPER MITIGATION OF STORM WATER RUNOFF DUE TO THE PROVISION OF GUTTERS AND, UH, SHORT CURBS ALONG THE SIDE OF THE DRIVEWAY TO DIRECT WATER TO THE STREET AS OPPOSED TO THE NEIGHBORING PROPERTY.
BOTH STRUCTURES PROVIDE ROOM FOR MAINTENANCE AND WILL NOT CREATE WATER RUNOFF TO ADJACENT PROPERTY OWNERS.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN THE APPLICANT REMOVING BOTH THE CARPORT AND AN ACCESSORY STRUCTURE FROM THE SIDE SETBACK.
THIS WOULD RESULT IN UNNECESSARY FINANCIAL HARDSHIP.
THREE, BY GOING INTO THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE REQUEST WILL RESULT IN SUBSTANTIAL JUSTICE AS THE REQUESTED SETBACKS WILL STILL PROVIDE FOR A SAFE DEVELOPMENT PATTERN.
BOTH THE REQUESTS PROVIDE FAIR AND EQUAL ACCESS TO AIR LIGHT AND ADEQUATE FIRE SEPARATION.
THE VARIANCE SHALL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE SHALL NOT SUBSTANTIALLY INJURE.
THE APPROPRIATE USE OF ADJACENT INFORMING PROPERTY ARE ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
IF THE REQUESTED VARIANCES ARE APPROVED BY THE CARPORT AND ACCESSORIES, UH, ATTACHED STRUCTURE WILL NOT ALTER THE CHARACTER OF THE DISTRICT, WHICH IS WHICH.
IN OLDER NEIGHBORHOODS SUCH AS THIS, IT IS COMMON FOR STRUCTURES TO BE LOCATED WITHIN THE SITE.
SETBACKS ESTABLISHED BY THE CURRENT UNIFIED DEVELOPMENT CODE.
SIX, THE PLIGHT OF THE OWNER FOR, OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE, UH, CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND 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 IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND ARE NOT FINANCIAL IN NATURE.
DUE TO THE LAYOUT OF THE EXISTING DRIVEWAY, LIMITED SIZE OF THE LOT, ESTABLISHING THE CARPORT ACCESSORY STRUCTURE WOULD NEED APPROVAL DUE TO THE LIMITED AMOUNT OF SPACE WITHIN THE SIDE PROPERTY.
DO WE HAVE A SECOND? ALL RIGHT.
DO WE HAVE A SECOND? UH, LET'S HAVE A DISCUSSION.
SO, UM, I DID CHANGE IT FROM WHAT STAFF'S RECOMMENDATION IS, UM, THE, THE, THE ACCESSORY STRUCTURE IN THE REAR, I LEFT THE SAME, BUT FOR THE CARPORT, I FELT IT WOULD BE MORE APPROPRIATE FOR IT TO BE TWO FEET OFF.
UH, BECAUSE IF THEY HAVE 12 FEET SHOWN, UH, ON THE, THE SKETCH, HAVING THE, THE POST TWO FEET OFF STILL ALLOW FOR 10 FEET WELL ENOUGH FOR A VEHICLE TO ACCESS.
UM, AND, AND, BUT MORE IMPORTANTLY, THE ROOF PITCH IN THAT AREA DRAINS ONTO THE CARPORT, WHICH IS THEN HEAVILY PITCHED ONTO A, A SHORT GUTTER.
AND DURING A HEAVY RAIN, UM, I MEAN, I, I HAVE A PORCH WITH
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THE SAME CONDITION AS SOMETIMES MY GUTTER WILL, WILL OVERFLOW.IT'S JUST A LOT OF MOMENTUM AND VOLUME OF WATER SOMETIMES TO BE CONTAINED.
AND I THINK AN EXTRA FOOT WOULD, WOULD HELP ENSURE THAT ANY OVERFLOW FROM THE GUTTER WOULD, WOULD STAY OFF OF, UH, THE NEIGHBORING PROPERTY.
AND SO WITH THAT, I'LL, I'LL, I'M IN FAVOR AS READ A I AGREE WITH, UH, MR. ORIAN AND I THINK THIS COMPROMISE IS GONNA BE SOMETHING THAT WILL BE GOOD FOR EVERYBODY AND THEN IT'LL ALLOW THE APPLICANT TO GET THE CARPORT THAT THEY NEED FOR THE STATED REASONS.
AND IT WILL GO THROUGH THE PERMITTING PROCESS TO DEAL WITH ANY BUYER RESISTIVE NATURE THAT WILL BE NECESSARY.
AND IT, UM, AND END UP WITH A CONDITION THAT IS BETTER FOR BOTH PROPERTIES NEXT TO EACH OTHER THAN WHAT EXISTS WHERE THE ACTUAL FIRE STARTED AT THE PROPERTY ON THE OTHER SIDE, WHICH THERE'S A LOT OF CODES, IT'S NOT MEETING IN THE PHOTOS THAT I'M LOOKING AT.
UM, SO IN TERMS OF 25 0 7, I THINK THIS IS GONNA BE A GREAT COMPROMISE FOR EVERYBODY AND WE'LL CREATE SOME CONDITIONS THAT ARE RESPECTFUL OF THE HEALTH, SAFETY, AND WELFARE OF EVERYBODY INVOLVED.
ANYONE ELSE WANNA MAKE IT? NONE.
ALL RIGHT, LET'S GO AHEAD AND TAKE THE VOTE.
MS. DORIAN, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MS. MENA, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR THE, UH, THE, UH, FINDINGS OF FACT MOTION PASSES.
YOU'LL NEED TO GET THE STAFF ABOUT THE MODIFICATION FOR YOUR CARPORT AND GOOD LUCK WITH YOU AND YOUR NEIGHBORS.
[8. 20-1469 BOA-19-10300171: A request by Javier Salas for 1) a 4’11” variance from the 5’ side setback requirement to allow an attached addition and carport to be 1” from the side property line and 2) a 3’ variance from the 5’ side setback requirement to allow a detached carport to be 2’ from the side property line, located at 8419 Big Creek Street. Staff recommends Denial. (Council District 4) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department) ]
CASE NUMBER 1 71, I BELIEVE.UH, THIS IS FOR BO O A 19 1 0 3 0 0 1 7 1.
AND FOR THE ADDRESS OF 1 8 4 1 9 BIG CREEK STREET APPLICANT JAVIER SALAS, REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED ADDITION AND CARPORT TO BE ONE INCH FROM THE SIDE PROPERTY LINE.
AND TWO, A THREE FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN DETACHED CARPORT TO BE TWO FEET FROM THE SIDE.
PROPERTY LINE ZONING IS RESIDENTIAL SINGLE FAMILY A SUMMARY CODE ENFORCEMENT IN INITIATED THIS CASE ON DECEMBER 18TH, 2019.
DUE TO WORK WITHOUT A PERMIT, THE APPLICANT IS REQUESTING TO KEEP A TWO STORY STRUCTURE CONSISTING OF A LOWER LEVEL CAR PORT AND DWELLING UNIT ON TOP WITHIN THE SIDE SETBACK.
THE APPLICANT ALSO HAS A SECOND DETACHED CAR PORT MEASURING APPROXIMATELY 930 SQUARE FEET IN THE REAR.
THAT ALSO IS WITHIN THE SIDE SETBACK.
BOTH STRUCTURES WERE BUILT WITHOUT PERMITS.
THERE ARE NO PROPERTIES WITHIN THE AREA THAT HAS THIS TWO STORAGE STRUCTURE.
BOTH CARPORTS AND THE SECOND LEVEL DWELLING UNIT ARE NOTICEABLY OUTTA CHARACTER WITHIN THE COMMUNITY.
THIS IS THE, OH, HERE IT'S PROPERTY ADDRESS.
THIS IS THE SUBJECT'S, UH, CARPORT AND THE REAR AND DWELLING UNIT ON THE TOP ATTACHED CARPORT IN THE REAR.
THIS IS THE ATTACHED CARPORT POSTS COMPARABLE TO THE FENCE LINE AND THE ATTACHED, I'M SORRY, THE ATTACHED CARPORT AND THE SIDE OR ADJACENT PROPERTY AND THE ATTACHED DWELLING UNIT AND PRIMARY STRUCTURE AND THE NEIGHBORING PROPERTIES THAT RECOMMENDS DENIAL OF BO O A 19 1 0 3 0 0 1 7 1 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE TWO STORY ATTACHED CARPORT DWELLING UNIT BUILT IS UNCHARACTERISTIC OF THE NEIGHBORHOOD AS THERE IS NO OTHER STRUCTURE OF THIS IS OF THIS DESIGN WITHIN THE IMMEDIATE AREA, STAFF INSPECTED.
AND TWO, THE TWO STORY ATTACHED STRUCTURE FAILS TO PREVENT FIRE SPREAD AND ALLOW ADEQUATE SPACE FOR
[02:10:01]
MAINTENANCE AND ENCOURAGE PROPER STORMWATER DRAINAGE.AND THREE, WITH A LARGE YARD PRESENT.
THERE ARE NO UNIQUE CIRCUMSTANCES PRESENT THAT WARRANT THE QUEST FOR THE DETACHED CARPORT TO BE WITHIN THE SIDE SETBACK.
AND FOUR, THE POSTS OF THE REAR CARPORT CAN BE MODIFIED TO MEET THE THREE FOOT SIDE SEPARATE REQUIREMENT WITHOUT BOARD APPROVAL.
THE NOTIFICATION PLAN, WE MAILED 35 NOTICES.
I JUST GOT TWO MORE, UM, BEFORE THE START OF THE MEETING.
ONE IN OPPOSITION AND THE SOUTHWEST COMMUNITY ASSOCIATION.
ANY QUESTIONS? ORIAN? ORIAN, GO AHEAD.
SO THIS, UM, BUILT WITHOUT PERMITS AND THEN THERE APPEARS TO BE AN ACCESSORY STRUCTURE IN THE BACK CORNER THAT'S ALSO HUGGING THE CORRECT SIDEWALK AND EVERYTHING.
AND WHEN, WHAT, WHEN WAS THIS CONSTRUCTED? THE, I'M NOT SURE, BUT CODE ENFORCEMENT INITIATED AROUND DECEMBER 18TH, 2019.
SO IT MIGHT BE AROUND THAT TIME.
AND IT'S, IT'S HARD TO TELL FROM THE PICTURES, BUT UM, ARE THERE WINDOWS ON THE SIDE OF THIS THING? NO, THERE IS NOT.
AND THE ROOF PITCH JUST GOES FRONT TO BACK IT? YES, FRONT TO BACK.
AND I GUESS THERE'S AN INTERIOR STAIRWELL THAT GET GETS UP THERE SOMEHOW IT DOES.
OH, WELL NOT WITH THAT PICTURE.
YOU CAN TELL THAT THERE IS, I CAN KIND OF POINT IT OUT TO THIS.
AND CAN YOU SEE ANY EXTERIOR, UM, YOU KNOW, IN ADDITION TO BEING NEXT TO SETBACK, I'M LOOKING AT LIFE SAFETY ISSUES.
ARE THERE ANY SORT OF ELECTRICAL COMPONENTS OR ANYTHING THAT WOULD BE A DANGER IN ADDITION TO IT BEING REALLY CLOSE TO THE SIDE PROPERTY LINE THAT WE SHOULD BE AWARE OF? I COULDN'T SEE FROM THE EXTERIOR.
OTHER QUESTIONS FOR STAFF? F EASY ONE ON THE NEW ADDED THINGS, COULD THEY PASS THROUGH ALL OF US WITH THE FILE? YES.
I'LL LEAVE IT HERE SINCE IT'S ALL QUIET.
I'LL ASK YOU ANOTHER QUESTION.
THE HOUSE, THE RED HOUSE TO THE, UH, RIGHT.
IS THAT A WINDOW ON THE SIDE OF THE HOME? YES, IT IS A LITTLE FURTHER BACK, BUT YES.
AND IS THERE ANYTHING ON THE SIDE ON, UH, BETWEEN THAT RED HOUSE AND THE FENCE THAT WOULD HINDER FIRE PERSONNEL FROM GETTING THROUGH LIKE AN AC UNIT OR SOMETHING? I CAN'T SEE.
NO, THERE'S NOT, NOR THERE IS A FENCE LINE.
AND WAS ANY OF THE RESPONSES FROM THAT NEXT DOOR NEIGHBOR? IT MIGHT BE FROM THE TWO.
UM, I DIDN'T ACTUALLY RECORD WHERE THE ADDRESSES ARE.
IT MIGHT BE ONE, ONE OF THOSE.
IS THERE A HIGH RESTRICTION ON THE SINGLE FAMILY ZONING? YES, THERE IS.
UH, IT'S 35 FEET, IF I'M NOT MISTAKEN, THROUGH STORE.
IN YOUR OPINION, THIS WOULD BE IN COMPLIANCE WITH THE HEIGHT? YES, IT WILL.
UH, LET ME CORRECT ON THAT ONE.
FOR SOME REASON, A THOUSAND RMM R SIX IS ACTUALLY TWO AND A HALF STORIES OR 35 FEET.
WHEN DOES THAT ACCESSORY STRUCTURE IN THE BACK? IS IT JUST ONE LARGE CARPORT? IT'S ONE LARGE CARPORT, YES.
SO THEY BUILT, HOW MANY CARS DOES THAT HOLD? DO YOU KNOW? QUITE A LOT.
IT WAS 930 SQUARE FEET, WHICH, UM, LIKE FIVE CAR, FOUR OR FIVE CARS.
CAN'T TELL YOU EXACTLY, BUT IT'S, IT'S, UM, ABOUT AS, ALMOST AS BIG AS THE HOUSE.
[02:15:01]
THAN THE CODE REQUIRES? YES.WHEN YOU, ON YOUR SIDE VISIT, DID YOU OBSERVE ANY COMMERCIAL USES BEING RUN OUTTA THE PROPERTY? NO.
JUST SOME STORAGE IN THE BACK, BUT NOTHING COMMERCIAL.
WERE THOSE CARPORTS IN THE BACK, DO THEY BACK UP TO THE, UH, PROPERTY LINE? NO, IT DOES NOT.
HE HAS ABOUT FIVE FEET OR SO, UM, OF SPACE.
UM, I, I KEEP ASKING A QUESTION ABOUT THAT REAR CARPORT.
IS IT AS HIGH AS I THINK IT IS? YES, IT IS.
IS THERE SOMETHING ELSE IT'S BEING USED FOR? IS THERE NOT THAT I COULD TELL.
UH, MAYBE THE PROPER OWNER MIGHT HAVE AN ANSWER ABOUT THAT, BUT FROM WHAT WE SAW, NOTHING.
DID YOU OBSERVE GUTTERS ON IT OR ANYTHING? I COULDN'T, UM, THERE WAS NO WAY FOR US TO KIND OF SEE MORE.
YES, YOU'RE GONNA NEED YOUR NAME AND ADDRESS FOR THE RECORD, AND YOUR INTERPRETER HERE WILL HELP YOU.
MY NAME IS JAVIER LES AND MY ADDRESS IS 80 84 19 84 19.
YOU WANT TO EXPLAIN WHAT HE'S DONE HERE? YES.
SO THE PORCH THAT YOU SEE ON THE BOTTOM WAS ALREADY THERE.
AND I DID THIS TO BE ABLE TO ACCOMMODATE FOR MY FAMILY.
IT'S, WE ARE A FAMILY OF SIX, SO, UH, AS MY CHILDREN ARE GROWING OLDER, WE NEEDED MORE ROOMS AND, UH, AN EXTRA RESTROOM.
SO I THOUGHT IT WAS EASIER TO JUST, UM, REINFORCE THE ROOF FROM THE PORCH AND MAKE A ROOM, AN ADDITIONAL ROOM UP THERE, RATHER THAN PUT OUT A SLAB ON THE BACK PART OF THE HOUSE AND THE PATIO AND MAKE A CEMENT SLAB THERE.
SO I THOUGHT IT WAS JUST EASIER TO DO THIS ADDITION ON TOP OF THAT.
SO WE ARE HERE TO SEEK A VIEW WILL ALLOW US TO LEAVE THIS ASSIST OR WHAT WE CAN DO TO BRING THIS UP TO CODE.
UM, LET'S, UH, WE HAVE ANY QUESTIONS FROM THE BOARD? F NONE BRAGMAN, BRAGMAN, UH, THE COLUMNS ON THE RIGHT OF THE FRONT CARPORT THAT ARE ADJACENT TO THE PROPERTY NEXT DOOR, THOSE ARE WOOD, CORRECT? THOSE ARE NOT METAL, UH, POSTS.
SO, UM, I'M ASSUMING THAT IF THIS, THIS WAS TO MOVE FORWARD, THAT IT WOULD REQUIRE SOME STRUCTURAL ANALYSIS TO MAKE SURE THAT SINCE IT'S A LIVING STRUCTURE OVER, UM, I GUESS, UM, OVER, I GUESS LIFTED, UH, LIVING STRUCTURE THAT IT WOULD'VE TO BE, UM, ALL THE CODE REQUIREMENTS.
SINCE THIS TWO STORY, YOU HAVE TO GO THROUGH THE PLANNER REVIEW PROCESS.
IT WON'T BE AN OVER THE COUNTER PERMIT.
IT'LL BE HAVE THE FULL ENTIRE PLANNER VIEW UNA NDA.
YOU ASK THE APPLICANT IF THERE WAS ANY PLUMBING OR ELECTRICAL
[02:20:01]
WITHIN THE ADDITION, THE TWO STORY ADDITION THAT WAS CONSTRUCTED? YEAH.YES, THERE'S PLUMBING ON TOP FOR A TOILET AND A SHOWER, AND THERE'S ALSO ELECTRICITY UP THERE.
I HAVE A FRIEND WHO KNOWS ABOUT, UH, WHO IS AN ELECTRICIAN OR KNOWS ABOUT THIS, SO HE HELPED ME INSTALL IT.
NEXT QUESTION WOULD BE, IS YOUR FRIEND A LICENSED ELECTRICIAN OR A LICENSED PLUMBER? SO THE PLUMBING I DID MYSELF WITH THE LITTLE KNOWLEDGE I HAVE FOR PLUMBING.
SO I CONNECTED ALL THE WATER THERE AND NO, MY FRIEND IS NOT LICENSED, BUT HE KNOWS ABOUT THIS.
SO, UH, YOU, YOU BUILT THIS STRUCTURE WITHOUT ANY PERMITS AND, UH, HOW LONG DID IT TAKE, TAKE YOU TO BUILD THIS? UM, SO IT TOOK US ABOUT A MONTH OR SO TO CONS TO BUILD THIS.
LIKE I SAID, MY FRIEND HELPED ME OUT AND LIKE I MENTIONED PREVIOUSLY AS WELL, THE PORCH, THE POSTS WERE ALREADY THERE IN PLACE.
SO ALL I DID WAS REINFORCE IT TO BE ABLE TO MAKE THIS BUILDING ON TOP OF THAT.
NO OTHER QUESTIONS, RECOMMENDATIONS? YEAH, I HAVEN'T, UH, HAVE ANY OTHER WITNESSES.
UM, I THINK THAT WE HAVE A, WE HAVE A BIG PROBLEM HERE BECAUSE, UH, THAT'S, THIS IS NOT STRUCTURALLY ENGINEERED, CORRECT? WELL, I'M KNOW IF IT'S CORRECT OR NOT, BUT IT LOOKS LIKE IT'S VERY CLOSE TO BEING, THOSE STANDARDS DOES NEED TO MOVE OVER.
AT LEAST THREE TO FOUR FEET TAKES SOME OF THE DRIVEWAY, BUT THAT'S THE PRICE.
LET ME SEE WHAT, LET, UH, I WANTED TO ASK A QUESTION.
UH, STAFF, UM, I I, IS IT POSSIBLE TO WORD A MOTION TO ONLY ALLOW THE CARPORT AND NOTHING ELSE? IS IT, IT SAYS, IT SAYS, UH, AN ATTACHED ADDITION AND CARPORT.
CAN WE JUST SAY CARPORT? I'M JUST OUTTA CURIOSITY.
UM, WE INCLUDED THE CARPORT BECAUSE OF THE REAR STRUCTURE, WHICH WAS JUST BUILT IN THE LAST THREE YEARS.
UM, BUT THAT'S THE DETACHED CARDBOARD.
THAT'S, BUT YES, YOU COULD ADJUST YOUR MOTION TO DO THAT.
AND THEN, AND LASTLY, IF NO MOTION IS READ, IS A ONE YEAR STILL ATTACHED TO THIS? YES.
IF IT'S CHAIRMAN, ACTUALLY, ACTUALLY I'M JUST GONNA OFFER THIS AS AN OPINION BECAUSE OBVIOUSLY HE'S, HE THINKS, HE OBVIOUSLY DIDN'T KNOW THAT HE NEEDED, UH, PERMITS, UH, SUCH WORK AND BOOKS TO ME AS HE TRIED TO DO HIS BEST, BUT HE JUST DIDN'T REALIZE HE VIOLATED THE, UH, SIDE RULE.
WE CAN'T, WE CAN'T ACCEPT IT THE WAY IT IS BECAUSE HE'S TOO, THAT'S A BIG AND THAT'S A BIG PROBLEM.
WELL, I THINK THE BIGGER ISSUE IS PERMITTING.
I MEAN, HE'S, HE'S PUTTING HIS CHILDREN AT RISK OF NO DESIGN, ENGINEERING A STRUCTURE, COLLAPSE OF FIRE, HAZARD OF FUEL WITH THE PLUMBING.
ACTUALLY, WE'VE INITIATED THIS BY VIRTUE OF THIS COMING BEFORE THE BOARD.
BUT WHAT I'M SAYING IS THAT WE NEED TO REDUCE THE SIZE OF THIS STRUCTURE, OTHERWISE, UM, VIOLATION OF A LOT OF DIFFERENT ISSUES.
UM, BECAUSE HE, HE OBVIOUSLY BELIEVES HE NEEDS SPACE, BUT,
[02:25:01]
UH, THIS STRUCTURE IS JUST TOO BIG LOT AND WHATEVER, IF WE DO NOTHING, IT'S GONNA BE TORN DOWN.QUESTION IS, ARE WE GONNA ALLOW HIM TO KEEP A PORTION OF THIS OR NONE OF THIS CHAIRMAN, IS IT YES, MEAN A LOT OF THINGS, BUT I'M, I'M KINDA LIKE SOMEBODY ELSE.
I SEE BASICALLY TWO WOOD POSTS HOLDING THIS WHOLE THING UP WHERE HE IS PUTTING HIS CHILDREN.
I CAN'T, I CAN'T GO WITH ANY OF THAT.
ELLI WOULD LIKE TO REMIND THE BOARD THAT WHATEVER WE DECIDE, HE WILL HAVE TO GO BACK THROUGH PERMITTING.
HE WILL HAVE TO COMPLY WITH ALL OF THE CODE.
UM, SO WERE WE, TO GIVE HIM ANY VARIANCE ON THE SIDE SETBACK, HE HAS TO GO THROUGH CODE, IT WILL GO THROUGH, UM, PLUMBING, ELECTRIC, THE FIRE, ALL OF THAT STUFF WILL HAPPEN, UM, IN THE BEST INTEREST OF HIS CHILDREN.
IF, IF, UH, IS THE, THE PUBLIC HEARING'S CLOSED ALREADY? NO, IT'S NOT.
'CAUSE I WANTED TO ADD, YOU KNOW, JUST AS A STATEMENT, UM, THAT I, I, UH, I I'M SEEING A LOT THAT IS RELATIVELY SIZABLE AND THERE HE HAS OTHER OPTIONS TO EXTEND LIVABLE SPACE OTHER THAN OVER A CARPORT.
I'M JUST PUTTING THAT OUT THERE.
A COMMENT WAS MADE THAT THIS IS ALL TOO SIZABLE FOR THE LOT AND I DISAGREE WITH THAT.
THERE COULD BE A WHOLE SECOND STORY ADDITION ON THIS HOUSE COMPLYING WITH SETBACKS AND CODES.
THERE COULD BE AN ADDITION TO THE REAR ACCESSORY STRUCTURE.
THERE ARE LOTS OF OPTIONS, AS MR. ORIAN POINTED OUT.
IT'S NOT ABOUT THIS BEING TOO LARGE FOR THE LOT, IT'S ABOUT ITS PLACEMENT AND CONSTRUCTION TO MAKE A MOTION WHEN THE TIME COMES.
WELL THE ONLY THING I WAS THINKING IS, IS THAT, UM, NO MATTER WHAT WE DO, THE PERMIT PEOPLE ARE GONNA GO OUT THERE AND INSPECT AND THAT'S, THAT'S A GOOD THING.
WE, AND HE'S PUT A LOT OF EFFORT TO BUILDING SOMETHING, BUT THE UH, OBVIOUSLY WE CAN'T LET THIS WHOLE THING SIT STANDING THE WAY IT IS BECAUSE IT, IT WOULD BE A PROBLEM.
I WAS JUST WONDERING HOW WE COULD SALVAGE A PORTION OF THIS AND ENCOURAGE HIM TO MORE SPACE, GO BACK, UH, SOME WAY.
UH, OTHERWISE HE'S JUST GONNA HAVE TO TEAR APART EVERYTHING HE'S DONE ALTERNATIVE TO THAT.
SO ASKING FOR MY ARCHITECTS HERE TO GIMME SOME IDEAS IF ANYTHING'S WORTH SALVAGING OR DO YOU THINK WE SHOULD JUST SETTLE THE WHOLE THING? GUESS I'M THE ARCHITECTS, YOU'RE TALKING TO ME,
UM, I MEAN I THINK A TWO STORY STRUCTURE ON THIS LOT IS PERFECTLY ACCEPTABLE.
AND A TWO STORY STRUCTURE THAT'S BUILT ACCORDING TO CODES WITH THE HEALTH, SAFETY, AND WELFARE IN MIND OF WHAT THOSE CODES ARE SET TO ESTABLISH IS PERFECTLY FINE.
UH, PERSONALLY IN MY PROFESSIONAL OPINION, I'M NOT COMFORTABLE WITH THIS SECOND STORY ADDITION OVER A CARPORT BEING ESSENTIALLY ON THE PROPERTY LINE.
IF THERE WAS SOME NEW ACCOMMODATION THAT ALLOWED HIM TO HAVE IT WITH SOME DISTANCE FROM THAT PROPERTY LINE, I DON'T KNOW WHAT THAT NUMBER OF FEET IS.
AND THEN IT GOING THROUGH THE PERMIT PROCESS WITH ANY FIRE RESISTANCE THAT WOULD BE NECESSARY DUE TO ITS PROXIMITY TO THE PROPERTY LINE, THAT IS SOMETHING I'D BE COMFORTABLE WITH.
UM, AND DONALD ORIENT THAT HE IS READY TO MAKE A MOTION IF HIS MOTION INVOLVES SOME TOPICS LIKE THAT.
I'M, I'M INTERESTED IN HEARING, I ALSO HAVE ONE TO PUT SOME INPUT BEFORE I TURN IT OVER TO PARTIES.
NO, THAT'S GOOD ENOUGH FOR ME.
UM, ALRIGHT, I'M GONNA CLOSE THIS TO THE, UH, PUBLIC AND ENTERTAIN A MOTION FROM, UH, WHICHEVER YOU TWO WANT TO DO THIS.
UM, ORIAN, AND BEFORE I READ THIS, I WANT EVERYONE TO KNOW I'M COMPLETELY OPEN TO ANY SORT OF A FRIENDLY AMENDMENT.
SO, BUT I'M GONNA READ IT FROM WHAT I'M SEEING.
UH, REGARDING CASE NUMBER BO O A DASH 19 DASH 1 0 3 DOUBLE 0 1 7 1.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR, UM, A FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN
[02:30:01]
ATTACHED CARPORT TO BE ONE FOOT FROM THE SIDE PROPERTY LINE THAT YOU WAITED AT 84 19 BIG CREEK STREET.APPLICANT BEING, HOLD ON, HOLD ON.
THE CARPORT THE WAY JUST FOR THE CARPORT, THE STRUCTURE, I'M READING IT TO WHERE THE STRUCTURE WOULD HAVE TO BE FIVE FEET OFF.
IT COULD BE ON TOP OF THE BACK CARPORT.
UH, THE ATTACHED CARPORT, I'M COMPLETELY LEAVING THE REAR CARPORT OUT.
UM, UH, TO BE ONE FOOT FROM THE SIDE PROPERTY LINE, UM, SITUATED AT 84 19 BIG CREEK STREET APPLICANT BEING JAVI SALAS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED BUT RESULTED IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
IN THIS INSTANCE, THE PROVISION OF A, OF AN ATTACHED CARPORT, ONE FOOT OFF THE PROPERTY LINE, UH, WOULD NOT BE CONTRARY TO THE PUBLIC INTEREST.
UH, TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE, UM, UH, WOULD RESULT IN A CARPORT NOT BEING ALLOWED, UH, WITHIN ONE FOOT OF THE SIDE PROPERTY LINE.
UH, THIS WOULD BE AN UNNECESSARY FINANCIAL HARDSHIP.
BY GRANTING THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
UH, GRANTING THIS REQUEST WILL RESULT IN SUBSTANTIAL JUSTICE AS ANY OCCUPIABLE STRUCTURES WILL STILL BE REQUIRED TO BE WITHIN THE REQUIRED SETBACKS SO THAT THERE WILL BE FAIR, UH, AND EQUAL ACCESS TO AIRLINE INADEQUATE FIRE SEPARATION FOR THIS PROPERTY.
AND THE ABUTTING NEIGHBORS FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
THERE ARE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
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.
IF THIS VARIANCE IS APPROVED, THE ATTACHED CARPORT WILL NOT ALTER THE CHARACTER OF THE DISTRICT IN WHICH OLDER NEIGHBORHOODS SUCH AS THIS, IT IS COMMON FOR STRUCTURES TO BE LOCATED WITHIN THE SIDE.
UH, IT IS COMMON FOR, UH, ATTACHED CARPORTS TO BE LOCATED WITHIN THE SITE.
SETBACKS ESTABLISHED BY THE CURRENT UNIFIED DEVELOPMENT CODE SIX SUPPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER ARE NOT FINANCIAL IN NATURE DUE TO THE LAYOUT OF THE EXISTING DRIVEWAY AND LIMITED SIZE OF, OF PROPERTY BETWEEN THE EXISTING HOME AND THE SIDE PROPERTY LINE.
UM, THE PROVISION OF AN ATTACHED CARPORT, UH, WITHIN THE SITE SETBACK, UM, WOULD BE ADEQUATE FOR THE DISTRICT END OF MOTION.
ALRIGHT, NOW FOR THE SAKE OF ME UNDERSTANDING, YOU'RE TALKING ABOUT ALLOWING THE CARPORT TO STAND TWO FEET FROM THE PROPERTY LINE? UH, ONE FOOT.
I, MY, I WANT, I, I WAS, UH, GOING FOR THE ATTACHED CARPORT TO BE A FOOT.
I LEFT OUT THE, THE ACCESSORY USE SO THAT, UM, IF HE DID WANT TO PUT A DWELLING OVER THE CARPORT, IT WOULD HAVE TO BE FIVE FEET OFF THE SIDE PROPERTY LINE.
UH, I DIDN'T WANT TO TOUCH THE REAR DETACHED CARPORT BECAUSE IT IS SO LARGE AND THE LOT IS SO BIG, THERE'S NO HARDSHIP FOR IT TO, TO BE WITHIN THE, THE SIDE PROPERTY LINE IT, AND SO IT'S NOT IN THE REAR.
IT WOULD JUST HAVE TO BE CROPPED A LITTLE BIT ON ONE SIDE.
AND SO I FELT THAT WAS AN APPROPRIATE, UH, MOTION FOR THE SIZE OF THE LAND AND EVERYTHING.
ESSENTIALLY TRYING TO BUILD A, A STRUCTURE OFFSET FROM THE SUPPORT POST BY FOUR FEET.
IS IT THREE FEET? UH, IT, IT WOULD HAVE TO BE FIVE FEET FROM THE SIDE PROPERTY LINE.
SO IT WOULD, IT WOULD BE A A HE WOULD HAVE TO HAVE IT ENGINEERED FOR SURE.
I'M JUST WONDERING, TALKING ABOUT TOTALLY RECONSTRUCTING THIS PRODUCT.
YES, I WOULD DEFER TO ALL THE STRUCTURAL ENGINEERS THAT ARE SITTING ON THIS BOARD.
BUT JUST IN MY PROFESSIONAL OPINION, YEAH, THERE'S GONNA BE A LOT OF ENGINEERING INVOLVED TO DO IT.
IT'S NOT GONNA BE RELYING ON ANY OF THE SUPPORT POSTS THAT EXIST TODAY.
THEY WOULD NEED TO BE MOVED ACCORDING TO THE SETBACK.
[02:35:01]
BE A STRUCTURAL CAPACITY TO HAVE A BEARING WALL THAT IS FOUR FEET AWAY FROM THE PERIMETER BEARING COLUMNS THAT GO DOWN TO THE GROUND FOUNDATIONS, WHATEVER THOSE NEED TO BE.SO, SO MY INTENT WAS TO LET HIM SOMEHOW KEEP POSTS ONE FOOT OFF THE SIDE PROPERTY LINE.
I DON'T KNOW IF THAT'S ALLOWED, BUT MY, MY INTENT WAS TO HAVE THE POST CLEAR OF THE, A FOOT CLEAR OF THE PROPERTY LINE AND HAVE THE STRUCTURE BE ON TOP OF THE CARPORT WITHOUT ANY OTHER POST PROVIDED BELOW THE EDGE OF THE ACCESSORY STRUCTURE.
I MEAN, IT'S POSSIBLE TO DESIGN SUCH A THING.
IT'S NOT TO VIOLATE A CODE, DOES IT? AND NOT TO MY KNOWLEDGE, BUT I DON'T EVEN WANT TO COMMENT ON WHAT IS GONNA BE ALLOWED, YOU KNOW, BY STRUCTURAL BEARING AND CAPACITY OF WHAT THIS WOULD BE IN THE END, BECAUSE I DON'T HAVE ENOUGH INFORMATION FOR THAT.
THAT'S FOR SOME OTHER ENGINEER TO BE HIRED AND FIGURED OUT BASED UPON THE RULING HERE TODAY.
'CAUSE I, MY, I HAVE A FULLY ENCAPSULATED COVERED ROOF, PITCHED EVERYTHING WITH STORAGE AND IT, THERE, IT'S A, IT'S A, UH, 19 FOOT DEEP BY 17 FOOT WIDE.
AND I HAVE SIX BY SIX SEATER POSTS.
AND I, WHEN THE, WHEN THE STRUCTURE WAS RUN, AS LONG AS THE BEAMS ARE CORRECT, A SIX INCH BY SIX INCH, A COUPLE OF THOSE POSTS COULD THEORETICALLY HANDLE IT IF, IF THERE WAS SUBSTANTIAL ON THE OTHER SIDE, BUT WITH ADEQUATE BEAMING.
NOW I DON'T HAVE OCCUPIABLE SPACE UP THERE, SO IT MAY NOT BE POSSIBLE, BUT, UH, I, I JUST FEEL THAT BECAUSE THE DRIVEWAY IS WHERE IT IS, THERE'S A HOME, THE DISTANCE BETWEEN THE HOME AND THE SIDE PROPERTY LINE, I, I TOOK NO ISSUE WITH THERE BEING A CARPORT IN THAT AREA AS LONG AS IT HAD SOME SEPARATION FROM THE SIDE PROPERTY LINE BECAUSE, YOU KNOW, THE NEIGHBOR HAS A WINDOW AND A NICE LITTLE, A NICE IRON RUNG FENCE.
BUT BY REMOVING THE ACCESSORY STRUCTURE, HE WOULD JUST HAVE TO HAVE A DESIGN.
AND IF IT COULDN'T WORK, IT COULDN'T WORK.
BUT, UM, I JUST DIDN'T WANT TO GO THERE, SO I CAN'T, WELL THEN I THINK THE SOLUTION HERE, A REAL SOLUTION CHAIR, UM, YOUR VOICE IS NOT GETTING PICKED UP ON THE TV.
IF YOU CAN GET CLOSER TO THE MIC, I THINK THE HONEST SOLUTION TO THIS PARTICULAR PROBLEM IS DENIED THE APPLICATION.
LET IT COME BACK WITH ENGINEER STUDIES.
UH, WE COULD GO AHEAD AND ACCEPT THE, THE, UH, CARPORT IN THE BACK IF YOU'D LIKE.
THEN, THEN DENY THE ENTIRE APPLICATION AND THEN SEND IT BACK TO THE, UH, ENGINEER F OH ZUNA.
THE OTHER QUESTION THAT'S OUT THERE IS DEEDED RESTRICTIONS.
IT'S NOT WHAT THE CITY CAN ENFORCE, BUT WITH ALL THIS ENGINEERING, EVERYTHING IS HE UNDERTAKE, HE'S UNDERTAKING, THERE COULD VERY WELL BE DEEDED RESTRICTIONS WITHIN THAT SUBDIVISION THAT WOULD EVEN PROHIBIT A TWO STORY STRUCTURE FACING.
AND THAT'S SOMETHING THAT THE APPLICANT WOULD NEED TO BE MADE AWARE OF AS WELL.
AND SO HE'S NOT SPENDING THE MONEY TO EVENTUALLY GET SUED AND FIND OUT THAT HE CAN'T EVEN HAVE THE STRUCTURE BUILT.
WELL, THAT'S A DEEDED RESTRICTION AND THEN THAT HAS NOTHING TO DO WHAT WE'RE DOING.
BUT WE DID PROVE THAT HE COULD HAVE A TWO STORY STRUCTURE ON THAT PROPERTY.
WELL, I I JUST WANTED TO ADD THAT I, YOU KNOW, IF, IF, IF THERE WAS SOME WAY TO, TO, I DIDN'T HAVE A PROBLEM WITH HIM JUST HAVING A CARDBOARD AND THAT'S HOW THIS ENDS UP.
THAT'S WHY I READ IT THAT WAY.
SO WHETHER HE PUTS STRUCTURE UP THERE OR NOT, OR DEMOS THE WHOLE THING AND REBUILDS IT JUST AS A CARPORT, I, I'M ASSUMING HE STILL WANTS A CARPORT THERE OR MAYBE HE DOESN'T, I DON'T KNOW.
BUT, UM, I LIKE TO HEAR INPUT FROM THE REST OF THE, THE BOARD TO SEE IF THEY JUST WANT, IF THEY FELT LIKE IF WRAPPING THE WHOLE THING OR EVEN ALLOWING A CARPORT TO EXIST THERE.
I MEAN, I'M LOOKING FOR ANYBODY TO COMMENT F JUST PUT MY COMMENTARY IN AS TO WHY I SECOND IN THE MOTION.
UM, NEVER IN THIS BOARD HAVE, I HEARD US GET STRUCTURAL ENGINEERING REPORTS OR, YOU KNOW, ANY ENGINEERING DETAILS FROM A FENCE TO A BUILDING.
IT JUST, WE DON'T GET THOSE AND WE DON'T REQUIRE THOSE TWO.
WE DO NOT ENFORCE OR REALLY EVEN LOOK AT DEEDED RESTRICTIONS ON HOMEOWNER ASSOCIATIONS.
THAT'S NOT OUR PURVIEW AND WE SHOULDN'T REALLY CARE ABOUT IT.
THE REASON I WENT ALONG WITH THIS IS THAT BASICALLY MR. ORION'S MOTION WAS A CARPORT ONE FOOT FROM THE SIDE PROPERTY LINE.
AND ANYTHING ELSE WOULD EXIST WITHIN WHAT IS ALLOWED BY THAT ZONING DISTRICT'S SETBACKS AND HEIGHT RESTRICTIONS AND NUMBER OF STORIES.
HE'S ALLOWED TO HAVE A SECOND STORY ROOM ABOVE HIS HOUSE.
IT CAN BE ABOVE A CARPORT, IT CAN BE ABOVE THE HOUSE.
ALL THOSE ARE PERMITTED AS LONG AS THEY COMPLY WITH SETBACKS, COMPLY WITH HEIGHT RESTRICTIONS, AND THEY MEET ALL THE CODES AND STANDARDS AND GET A PERMIT.
SO WE DON'T CARE WHETHER A 30 INCH TALL STEEL BEAM IS REQUIRED TO SUPPORT THAT OR EXTRA COLUMNS OR IT HAS TO BE POURED OUTTA CONCRETE OR IT'S A GEODESIC DOME.
IT'S JUST ABOUT THE FORM, THE DISTANCES FROM THE SIDE,
[02:40:01]
PROPERTY LINES AND WHAT THE IS GOING ON.IS IT A CAR IN IT OR A PERSON SLEEPING? SO, UH, I'M NOT OKAY WITH THIS AS IT'S BUILT.
I DON'T THINK IT IS, UH, JUSTIFIED AS BEING SAFE AT THIS MOMENT.
BUT IN THE FUTURE THROUGH THIS PROCESS, I THINK WITH A CARPORT ONE FOOT FROM THE PROPERTY LINE AND ANY OTHER STRUCTURES THAT ARE HABITABLE BEING WITHIN SETBACKS, I'M OKAY WITH THAT.
AND I THINK THE END PRODUCT CAN GET THIS APPLICANT WHAT HE NEEDS FOR HIS FAMILY, UM, AND STILL BE SAFE.
AND WE DON'T NEED TO GET INTO THE DETAILS OF HOW THIS WILL BE ENGINEERED AND CONSTRUCTED TODAY 'CAUSE THAT'S NOT WHAT WE DO.
SO ESSENTIALLY WHAT WE'RE TALKING ABOUT RIGHT HERE IS APPROVING A CARPORT.
I UNDERSTAND THAT IS APPROVING A CARPORT AND ANY PORTION OF THIS STRUCTURE THAT IS NOT WITHIN FIVE FEET OF THE PROPERTY LINE, THAT CAN MEET CODE AND PERMITS AND INSPECTIONS, BUT NOT BE WHAT IT IS TODAY.
WELL THEN WE'RE GONNA HAVE TO REMOVE WELL, I, I, THAT'S WHY I WAS CONFUSED.
SO YOU DIDN'T APPROVE ANYTHING ABOVE THE CARPORT? NO, I DID NOT ONLY ATTACHED CARPORT.
SO, UH, BUT CAN THE MOTION THEN WE'RE CONCURRING WITH JUST THE OFFSET AND EVERYTHING ELSE WE NEED TO COMPLY WITH EXISTING, UM, BUILDING CODES, SETBACK REQUIREMENTS AS SUCH.
UM, THE MOTION AS IT, AS IT'S WORDED, UH, MOVES THE CARPORT IN A FOOT ESSENTIALLY FROM WHERE IT IS.
UM, BUT CAN'T, I MEAN, AND I UNDERSTAND THAT THE MOTION AS WORDED STATES THAT YOU CAN'T HAVE ANYTHING ELSE BESIDE THE CARPORT WITHIN THAT SETBACK WITHIN THE FIVE FOOT SETBACK.
BUT WE WOULDN'T HAVE THE ABILITY TO TELL THEM THEY COULDN'T HAVE A SECOND STORY AS LONG AS IT'S WITHIN THE, THE SETBACK.
SO ESSENTIALLY WHAT MR. NEFF DESCRIBED AS THE CARPORT, AND THEN IF THERE'S SOMETHING, SOME KIND OF DWELLING ABOVE THE CARPORT, IT JUST HAS TO BE FIVE FEET FROM THE SIDE SET.
FIVE, FIVE FEET FROM THE PROPERTY LINE OR FURTHER IN.
AND THEY HAVE TO GO THROUGH ALL OF THE REQUIREMENTS THAT ANYBODY WHO'S DOING A BUILDING OR HIS BUILDING WOULD HAVE TO DO.
I JUST DON'T WANNA MAKE SURE THAT WE HAVE A CONFUSION OF WHETHER YOU'RE ALLOWING A TWO FOOT, UH, VARIANCE AND THAT DOES NOT GO UP INTO SPACE.
I I'M CLEAR THAT IT DOES NOT GO UP INTO SPACE.
SO THAT'S WHAT, WHAT'S BEFORE THE BOARD.
EVERYONE AGREE WITH WHAT THAT ASSESSMENT WAS? AND, AND I, AND I CAN'T STRESS ENOUGH THAT, THAT THAT'S WHERE THE DRIVEWAY IS FOR THE HOME.
THERE'S A DOOR TO GET INTO THE HOME ON THE SIDE THERE.
IT JUST SEEMS LOGICAL TO BE, TO HAVE A CARPORT THERE.
I JUST DIDN'T WANT IT ONE INCH FROM THE PROPERTY LINE.
I MEAN I THINK THIS IS A PASS THROUGH TO THE BACK CARPORT ULTIMATELY.
NO MORE DISCUSSION THEN LET'S GO AHEAD AND TAKE A VOTE ON THE, ON THE MOTION.
DORIAN, I CONCUR THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT, DR.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
UH, CAN YOU USE YOUR MIC, SIR? ALRIGHT.
THE MOTION HAS FAILED AND, UH, YOU'LL HAVE TO APPROACH THIS, UM, BACK THROUGH THE STAFF WITH SOME ALTERATIONS BEFORE IT BE RECONSIDERED.
[02:45:04]
CASE BO[9. 20-1517 BOA-19-10300172: A request by Priscilla Hurt for a request for a 95 square foot variance from the maximum accessory structure 2,500 square footage to allow a total of 2,595 square feet of accessory structures, located at 5119 Queen Bess Court. Staff recommends Approval. (Council District 7) (Kayla Leal, Senior Planner (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)]
A 19 103 0 0 1 7 2 SUBJECT PROPERTY LOCATED AT 51 19 QUEEN BEST COURT.THE APPLICANT IS REQUESTING A 95 SQUARE FOOT VARIANCE FROM THE MAXIMUM ACCESSORY STRUCTURE, UH, SQUARE FOOTAGE ALLOWANCE ALLOWANCE, WHICH IS 2,500 SQUARE FEET.
UM, THIS WOULD ALLOW A TOTAL OF 22,595 SQUARE FEET OF ACCESSORY STRUCTURES ON THE PROPERTY.
THE ZONING IS R FIVE RESIDENTIAL SINGLE FAMILY SUBJECT PROPERTY.
THIS IS THE ALLEYWAY, UM, IN THE, THE REAR OF THE PROPERTY.
THE SUBJECT PROPERTY, UH, IS CONTAINS A SINGLE FAMILY HOME LOCATED IN A CUL-DE-SAC WITH ALLEYWAY ACCESS THROUGH THE REAR.
THE APPLICANT IS REQUESTING THE VARIANCE IN ORDER IN ORDER TO PERMIT THE CONSTRUCTION OF AN ACCESSORY GARAGE, UM, WHICH WOULD BE ACCESSED THROUGH THE ALLEYWAY.
THE SUBJECT PROPERTY CURRENTLY CONTAINS THREE ACCESSORY STRUCTURES, UH, DETACHED LIVING AREA, MEASURING 250 SQUARE FEET, AN EXISTING DETACHED GARAGE MEASURING 625 SQUARE FEET AND A SHED MEASURING ONE 20 SQUARE FEET.
UM, THE PROPOSED DETACHED GARAGE IS PROPOSED TO BE 1600 SQUARE FEET, WHICH WOULD EXCEED THE LIMITATION BY 95 SQUARE FEET SITE PLAN THAT RECOMMENDS APPROVAL OF THE VARIANCE BASED ON THE FOLLOWING FINDINGS.
OF FACT, THE ACCESSORY STRUCTURE WILL EXCEED THE MAXIMUM SQUARE FOOTAGE BY 95 SQUARE FEET, WHICH WILL MAINTAIN THE SPIRIT OF THE ORDINANCE.
IT WILL SERVE AS A SECONDARY GARAGE AND BE LOCATED IN THE REAR OF THE PROPERTY.
SO IT'LL NOT ALTER THE CHARACTER OF THE NEIGHBORHOOD.
AND THE STRUCTURE WILL BE ACCESSED THROUGH AN ALLEYWAY, UH, TO THE REAR OF THE NEIGHBORHOOD OF THE PROPERTY.
16 NOTICES WERE MAILED TO PROPERTY OWNERS WITHIN, UH, 200 FEET.
AND THERE WAS NO RESPONSE FROM THE SUNSHINE AT STATE'S NEIGHBORHOOD ASSOCIATION.
I'M AVAILABLE FOR ANY QUESTIONS.
SO YOU HAVE A, AN EXISTING TWO CAR GARAGE AT 6 25.
I'M TRYING TO SEE WHERE YOU GET TO THE 20 25 95.
'CAUSE YOU GOT 1600 PLUS 6 25 PLUS ONE 20, RIGHT? UH, TWO 50 PLUS 6 25 PLUS ONE 20 PLUS THE 1600.
THAT TWO 50 IS NOT PART OF THE HOME.
THAT'S IT'S DETACHED, CORRECT? MM-HMM.
UH, AND THEN AS FAR AS THE ALLEY ACCESS FROM THE AERIAL, IS THAT ALLEY EVEN IMPROVED AT ALL? IT LOOKS ALL LIKE, IT'S ALL GRASS.
I MEAN, IT LOOKS LIKE IT TAKES MULTIPLE TURNS AND WINDS AROUND, BUT EVEN GET, I MEAN, HOW THE CITY WILL ALLOW THAT.
IT LOOKS LIKE THERE'S EVEN POSSIBLE TREES AND VEGETATION, I MEAN, IS THAT WE CHECKED WITH TRAFFIC AND UH, I BELIEVE THEIR REASONING FOR IT NOT HAVING TO BE IMPROVED OR PAVED IS BECAUSE IT'S NOT A PRIMARY, UM, DETACHED GARAGE.
IT'S NOT THEIR PRIMARY GARAGE THAT THEY USE.
UM, IT'S MORE SO FOR AS LIKE A STORAGE SHED TYPE USE.
AND THEN, BUT, BUT IF THAT WERE NOT THE CASE, THEN THEY WOULDN'T ALLOW IT, RIGHT? IF IT WAS LIKE THEIR PRIMARY, UH, GARAGE THEN, OR LIVING AREA, OR LIKE AN ACCESSORY DWELLING UNIT, UM, I BELIEVE THEN IT WOULD HAVE TO BE, IF THEY WERE TO BUILD ANOTHER STRUCTURE NEXT TO THIS, WOULD THAT BE A, HOW WOULD THAT BE? HOW WOULD THIS BE LOOKED AT AS FAR AS ALLEY ACCESS AND THE USE OF THIS AS A SECONDARY GARAGE? 'CAUSE I JUST, I'M CONCERNED 'CAUSE THIS GARAGE IS BIGGER THAN THE OTHER ONE.
IT HAS A, A, A NICER DRIVEWAY AND IT, BUT IT, BUT IT PASSES THROUGH SO MANY HOMES ON THE WAY TO THE PUBLIC STREET WITH PLANTED VEGETATION AND, YOU KNOW, ARE THERE UTILITIES IN THERE? IT'S UNIMPROVED.
SO I'M JUST, I'M JUST WONDERING HOW THAT CON CONVERSATION WITH TRAFFIC WENT.
UM, I BELIEVE IF IT WAS USED AS A, IF THEY NEEDED A SECOND C P S METER, UM, AND THEY WERE GONNA USE IT AS AN ADDITIONAL DWELLING UNIT AND NEEDED THOSE, UM, AMENITIES, I THINK THEN THEY WOULD HAVE TO PAVE THE ROAD.
IN OTHER WORDS, IF THE, IF IT BECAME A, IF IT BECAME A PRIMARY SOURCE OF ACCESS, UH, FOR, UM, TO MEET ANY PARKING OFF STREET PARKING REQUIREMENTS, THEN THE REQUIREMENT TO IMPROVE THE ALLEY, UH, WOULD BE THE, UH, AT THE COST OF THE APPLICANT.
UM, BUT BECAUSE THIS IS A SECONDARY ACCESS, IT'S SORT OF LIKE SAYING THAT I HAVE, I PARK MY TRAILER,
[02:50:01]
UM, AND TAKE IT OUT EVERY ONCE IN A WHILE, BUT I HAVE A DRIVEWAY FROM MY FRONT, UH, YARD, SO THERE'S NO REQUIREMENT TO PAVE THAT ALLEY FOR THAT TYPE OF PERSONAL VEHICLE.A MY NAME'S, UH, GERALDO FLORES, UH, ARCHITECT.
UH, MY ADDRESS IS 1410 GUADALUPE STREET.
UM, AS FAR AS THE BARRIERS IS CONCERNED, I KNOW WE'RE ASKING FOR 95 SQUARE FEET AND, UH, IT, IT KIND OF SOUNDS KIND OF FUNNY, BUT I MEAN, ULTIMATELY WE, THE IDEA IS WE COULD PROBABLY GET THE BUILDING SMALLER MORE THAN ANYTHING TO MEET THE CRITERIA.
HOWEVER, UH, MS HURT HERE, THE OWNER OF THE PROPERTY, SHE'S ALREADY PURCHASED AN ACTUAL METAL BUILDING THAT'S ACTUALLY SITTING SOME WAREHOUSE BACK OVER HERE.
SHE WAS MISLED BY, UH, OTHER PROFESSIONALS AT ONE TIME.
AND, UH, SO THEY HAD, THEY DIDN'T FOLLOW THE VARIANCES.
SO I, I JUMPED ON BOARD AND THIS IS WHERE WE'RE AT NOW.
NOW AS FAR AS TO QUESTION TO ANSWER YOUR, UH, QUESTION, DONALD IS, UH, AS FAR AS THE ALLEY IS CONCERNED, UH, SHE'S ONLY GONNA BE STORING ANTIQUE VEHICLES AND SHE USES A LOT OF THESE VEHICLES FOR THE, SO FOR THE SANON PARADE.
UH, SO SHE JUST WANTS TO STORE 'EM.
SHE'S ACTUALLY PAYING, UH, TOP DOLLAR RIGHT NOW SOMEWHERE ELSE AT A STORAGE FACILITY.
UH, BUT SHE ALREADY HAS THE ACTUAL BUILDING.
THIS IS, UH, THE BUILDING AND SHE'S NOT GONNA HAVE ANY DWELLING IN IT.
ALL WE'RE GONNA PROVIDE IS A FOUNDATION, THE METAL BUILDING, AND WE'RE ONLY GONNA ADD WATER AND ELECTRICITY.
THERE WILL BE NO SEWER, NO H V A C, IT WILL BE INSULATED.
SO AS FAR AS FUTURE TENANT IMPROVEMENT, AS FAR AS HAVING A UNIT BACK TO HER APARTMENT, WE'RE, SHE'S NEVER GONNA DO THAT.
THAT'S HER PROPERTY, PRIVATE PROPERTY.
SO SHE JUST WANTS SOMEWHERE SHE COULD STORE HER VEHICLES AND TAKE 'EM OUT EVERY SO OFTEN.
AND THIS, UH, IT'S METAL BUILDING, TYPE TWO B NONS SPRINKLED.
IT'S 18 FEET TALL WITH THREE BAYS.
WELL, I DON'T KNOW IF YOU WANNA TALK OR SAY ANYTHING, MS. HURST? I AM PRISCILLA HER.
THANK YOU FOR THIS OPPORTUNITY.
AND I GUESS MY ADDRESS IS 5 1 1 9 QUEEN BEST COURT.
AND I ACTUALLY CLEANED THE ALLEYWAY.
IT WAS SO THICK YOU COULD NOT EVEN WALK THROUGH THERE.
AND I DID CONTACT THE CITY A COUPLE OF TIMES TO ASK TO SEE IF THEY WOULD COME OUT AND CLEAR IT.
AND I HIRED A LAND CLEARING COMPANY TO COME THROUGH THERE AND CHOP IT ALL UP AND CLEAN IT ALL THE WAY TO WHERE WE COULD BE ABLE TO USE IT AND UTILIZE IT SO THE NEIGHBORS CAN ALSO USE IT NOW WHENEVER THEY NEED TO BRING THINGS THROUGH THEIR BACK AREA, WHETHER IT'S THEIR BOATS OR, OR, UH, LAWN EQUIPMENT.
AND, UM, MY RESIDENT BACKS UP TO THE MAVERICK PROPERTY AND THE MAVERICK FAMILY ALSO HELPS ME CLEAN THAT ALLEYWAY.
MANY TIMES WE'RE BACK THERE WITH THE LAWNMOWER AND CUTTING IT UP AND CLEANING IT AND PULLING THE BRUSH OUT.
SO, UM, BEFORE THAT YOU COULD NOT EVEN WALK THROUGH THERE.
UM, SO I'VE BEEN MAINTAINING IT NOW FOR SOME TIME.
UM, AND THE WAY THAT IT CURVES OFF THE HILLCREST AND COMES AROUND IS THE BEST WAY TO BE ABLE TO ACCESS IT COMING THROUGH THE OTHER TWO AREAS BECAUSE OF THE NEIGHBOR'S FENCES.
THERE WOULDN'T BE A WAY TO BE ABLE TO NAVIGATE THE VEHICLES THROUGH THERE.
AND SINCE WE WOULDN'T USE IT ON A DAILY BASIS, BUT ON SPECIAL OCCASION TYPE OF BASIS, UM, THE ANTIQUE VEHICLES THAT WE USE ARE MOSTLY FOR COMMUNITY PROJECTS AND THEY'RE UTILIZED FOR PARADES AND SPECIAL ACTIVITIES AND IT'S, YOU KNOW, MAYBE 20 TIMES A YEAR THAT WE PULL 'EM OUT TO BE ABLE TO USE 'EM FOR PARADE AND ACTIVITIES AND NON NON-PROFIT COMMUNITY SERVICE TYPE OF, UM, SERVICES.
AND THEN, UH, ON A FINAL NOTE, IT'S JUST, UH, MOST THE BUILDING ITSELF, UH, IT'S SITTING RIGHT NOW.
SO WE WANTED TO GET, YOU KNOW, LIKE I TOLD HER, I SAID WE HAVE TO GO THROUGH THE PROCESS.
UH, ULTIMATELY NOTHING'S BEEN DONE OUT THERE.
THERE IS A, THERE IS AN ACTUAL C P S POLE IN THE BACK, SO THERE'S ALL THE SERVICES ARE THERE.
UH, BUT AGAIN, I ADDRESS, IT'S ONLY A TIE TWO B NONS SPRINKLED BUILDING, METAL BUILDING, 18 STORAGE, THREE BASE, AND SHE'S GONNA JUST BE STORING ANTIQUE VEHICLES.
UH, OTHER THAN THAT, THAT'S ABOUT IT.
SHE, SHE'S NOT GONNA DO ANYTHING ELSE WITH THAT AS FAR AS THE, UH, AND SHE'S OUR REALLY GONNA KEEP THE PROPERTY.
SHE'S PLANNING TO KEEP IT FOR THE, FOR A LONG TIME.
UM, UNLESS YOU WANT SOMETHING, IT'S BEQUEATHED TO MY SON.
SO
[02:55:01]
I THINK THAT IF YOU SEE ANY, UH, MARKINGS ON THE ROAD RIGHT NOW, IT'S WHERE THE CITY'S BEEN COMING IN TO CHECK IT OUT.BUT BEFORE THAT, THE CITY WOULD COME FROM THE OTHER DIRECTION WITH THE UTILITY VEHICLES.
BUT RIGHT NOW WHERE YOU SEE, IT'S WHERE THE CITY'S COME THROUGH THERE, OTHERWISE IT WOULD ALL STILL BE GREEN.
YEAH, MR. MARTINEZ, WE CAN'T HEAR YOU
WE OWN THE SIX ACRE PIECE OF PROPERTY ADJACENT TO THE ALLEYWAY, WHICH IS SHOWN IN THIS PROPERTY.
THIS SIX ACRE PIECE OF PROPERTY IS THE HOMESTEAD OF MY GRANDFATHER, MARIE MAVERICK, SR.
THIS SIX ACRE PIECE OF PROPERTY IS THE LAST ORIGINAL INTACT PIECE OF THE SUNSHINE RANCH THAT WE HAD, WHICH WAS ORIGINALLY A 330 ACRE PIECE OF PROPERTY.
UH, AS YOU CAN SEE, WE HAVE THREE ACRES OF UNDEVELOPED PROPERTY, WHICH RUNS DOWN TO THE ALLEYWAY, UH, BEHIND PAGEANT LANE, WHICH IS THE ACCESSIBILITY THAT PRISCILLA MENTIONED FROM HILLCREST DRIVE.
WE ALSO KNOW THAT THERE IS ACCESSIBILITY FROM QUEEN BEST, WHICH I HAVE OBSERVED.
UM, AS YOU HAVE MENTIONED, THIS IS AN UNIMPROVED ALLEYWAY, UH, WHICH SLOPES UP TOWARDS OUR PROPERTY, UH, WHICH IS CALLED MAVERICK HILL AT THE TOP OF THE HILL.
SO I AM CONCERNED ABOUT IT BEING AN UNIMPROVED ALLEYWAY AND IN INCLEMENT WEATHER.
HOW ARE THESE VEHICLES GONNA GET IN AND OUT? HOW FREQUENTLY WILL THEY BE COMING IN AND OUT AND BE GOING INTO THIS? THIS, UH, GARAGE? WHEN I SAW THE VARIANCE, IT SAID IT WAS A 2,500 SQUARE FOOT VARIANCE.
UH, I MEAN A 95 FOOT VARIANCE OF A 2,500 SQUARE FOOT STRUCTURE.
THE DETAILS IN THE DRAWING WAS A GARAGE THAT WAS ORIGINALLY 38 BY 36.6 SQUARE FEET, WHICH COMES OUT TO 100, EXCUSE ME, 1,390 SQUARE FEET.
IF YOU ADD IN THE PAVED AREA OF THE DRIVEWAY, THAT'S 1,792 SQUARE FEET, 200 SQUARE FEET FOR THE SIDEWALK, AND 1390 FOR THE GARAGE WITH A GRAND TOTAL OF 3,382 SQUARE FEET OF PAVED OR ROOFED SURFACES.
I AM CONCERNED ABOUT THE SLOPE OF THIS ROOF AND HOW IT WILL SLOPE AS WE SIT ON THE PORCH OF OUR STREETCAR THAT MY GRANDFATHER PULLED UP THERE IN 1933, A 1906 STREETCAR, ORIGINAL STREETCAR.
WE SIT ON OUR PORCH AND LOOK DOWN ONTO THE BACKS OF ALL THE PROPERTIES, TYPICALLY, OR NOT TYPICALLY.
CURRENTLY, ALL THOSE PROPERTIES ONLY HAVE ONE 60 WATT LIGHT BULB SHINING FROM THE BACKS OF THEIR PROPERTY.
SO I AM CONCERNED ABOUT THE FUTURE, UH, NECESSITY FOR BRIGHT LIGHTS ON THIS GARAGE ON THE BACKSIDE, WHICH WOULD THUS SHINE UP INTO OUR PROPERTY.
AS I'VE MENTIONED, THIS IS A HI HISTORIC PROPERTY.
SO, UM, I AM CONCERNED IF THEY DO NEED LIGHTS LATER THAT, THAT THEY WOULD, UH, ZONE THE LIGHTS GOING DOWNWARD AND NOT SHINING BACK UP INTO OUR PROPERTY.
ALSO, THE ALLEYWAY AS IT COMES OFF OF HILLCREST DRIVE, IS 15 FEET WIDE.
THE ALLEY, THE ALLEYWAY, UH, BEHIND OUR SIX ACRES IS SOMEWHERE BETWEEN 20 AND 25 FEET.
SO I AM CONCERNED ABOUT THE CLEARANCE THAT THE VEHICLES WILL NEED IN ORDER TO MAKE THE LEFT TURN UP THE LONG LENGTH OF THE ALLEY FROM HILLCREST.
IF YOU LOOK AT OUR PROPERTY LINES, I THINK IF WE 30 SECONDS INSTALL A FENCE THAT IT WOULD BE DIFFICULT TO MAKE THAT LEFT TURN.
IF WE, UH, PUT UP A FENCE OR ADHERE TO THE PROP PROPERTY LINES THAT WE CURRENTLY HAVE, SHE WOULD NEED AN EASEMENT TO SAY, MAKE THE LEFT TURN AND COME ON TO OUR PROPERTY.
UH, LIGHTS ON THE HOMES, UH, STORM WATER RUNOFF FROM THE PROPERTY AND THE CONCRETE.
ANY QUESTIONS FOR ME? QUESTIONS FROM THIS GENTLEMAN? YES.
UM, SO, UH, WE, I I, I CAN SEE FROM AN ARROW THAT THERE'S A, SOME OTHER RESIDENTS THAT ARE USING THE ALLEY TO ACCESS WHAT APPEARS TO BE A REAR GARAGE OR A STRUCTURE OR SOME.
HAVE YOU NOTICED, UH, VEHICLES DRIVING BACK THERE LIKE ONCE IN A BLUE MOON? NEVER, HARDLY EVER, BECAUSE ALL OF THOSE FENCES THAT ARE ON THE BACKSIDE OF THE ALLEYWAY OR COMPLETE FENCES WHERE NONE OF THOSE PEOPLE HAVE ACCESS TO THEIR PROPERTIES, MAYBE AT A GATE OR A WALKTHROUGH GATE OR SOMETHING.
[03:00:01]
I MUST COMMEND HER IN THE PAST YEAR FOR CLEANING THE ALLEYWAY UP.SHE DID GET A CONTRACTOR TO COME IN THERE AND, AND, AND CLEAN ALONG THE FENCE LINE, BUT FROM WHAT I CAN TELL FROM ALL THE HOMES THAT ARE THERE, THEY ARE ACCESSING THE PROPERTIES MOSTLY FROM THE FRONT SIDE OF THEIR PROPERTIES.
SAY SOMETHING ABOUT HISTORICAL SIGNIFICANCE.
WHAT, WHAT HISTOR UH, HISTORICAL SIGNIFICANCE DOES THIS PROPERTY HAVE? MY, MY PROPERTY, WELL, AS I MENTIONED, THE ORIGINAL SUNSHINE RANCH, WHICH IS WHAT THE SUB-DIVISION IS CALLED, IS FROM MY GREAT-GRANDFATHER THAT BUILT, I MEAN, THAT HAD HIS HOME THERE WHERE MORNINGSIDE MAINOR CURRENTLY EXISTS ON EAST SUNSHINE DRIVE.
OUR PROPERTY RAN FROM BABCOCK ROAD ALL THE WAY DOWN TO, UH, ST.
CLOUD WHERE SAMUEL MAVERICK ELEMENTARY SCHOOL IS, WHO IS MY GREAT-GREAT-GRANDFATHER.
SO THE PROPERTY RAN FROM BABCOCK AND HILLCREST ALL THE WAY DOWN TO ST.
CLOUD AND ALL THE WAY OVER TO EAST SUNSHINE.
MY GRANDFATHER PULLED THIS TROLLEY UP THERE IN 1933.
AND I THINK IT DOES HAVE HISTORICAL SIGNIFICANCE MYSELF BECAUSE OF MY GRANDFATHER AND THE RESTORATION THAT HE DID ON THE RIVERWALK AND LOBBY.
THE, IT'S HISTORICAL TO US, BUT I'M, I'M MOSTLY CONCERNED MOSTLY ABOUT THINKING THAT BECAUSE IT'S AN UNIMPROVED ALLEYWAY AND INCLEMENT MATTER WEATHER, IT MAY BE DIFFICULT TO COME IN AND OUT.
AND, UH, MOSTLY JUST LIGHTS FROM THE STRUCTURE ARE THE BIGGEST CON CONCERNS I HAVE.
ANA, ANA, SO YOU ALSO MENTIONED SOMETHING ABOUT, UH, I GUESS THE AMOUNT OF IMPERVIOUS COVER AND BASICALLY PROVIDING THE RUNOFF.
AND, AND IF I HEARD CORRECTLY, YOU'RE, YOU'RE, YOU'RE AT THE, AT A HIGHER ELEVATION ON YOUR PROPERTY.
AND SO, SO THE, SO THE WATER WOULD BE DRAINING AWAY FROM YOUR PROPERTY, SO IT WOULDN'T NECESSARILY BE IMPACTING YOUR PROPERTY, BUT JUST, UH, SURROUNDING PROPERTIES POTENTIALLY WITH REGARDS TO IMPERVIOUS RUNOFF? OH, WELL, IT, IT COULD, UNLESS IT DRAINS OUT COMPLETELY ON HER PROPERTY, IT WILL DRAIN OUT INTO THE ALLEYWAY AND THEN POSSIBLY DRAIN DOWN THE ALLEY AS THE WATER IS RUNNING DOWNWARD DOWN THE HILL FROM, FROM THERE YOU SEE HER HOT TUB ON THE LEFT SIDE THERE.
AND SO IT IS LEVEL RIGHT UP THERE AT THE TOP.
SO I'M JUST CONCERNED WHERE ALL THAT WATER WILL RUN OFF FROM THE 3000 SQUARE FEET OF IMPERVIOUS GROUND COVER.
AND THEN YOUR OTHER CONCERN THAT YOU'VE MENTIONED WAS THE LIGHTING ITSELF.
AND SO, SO IF THEY HAD APPROPRIATE LIGHTING, UM, WHERE, WHERE IT WASN'T OBSERVABLE FROM YOUR, FROM YOUR PROPERTY, THEN, THEN THAT WOULD ALLEVIATE POSSIBLY THAT CONCERN THAT YOU HAVE? YES.
ANY OTHER QUESTIONS? I MEAN, YOU, YOU CAN SEE THERE WHERE THE AL ALLEY RUNS ALL THE WAY DOWN TOWARDS THOSE POLES.
THAT'S WHERE THE ALLEY DOES MAKE A TURN FROM HILLCREST.
SO IT IS 15 FEET WIDE, I THINK.
AND I AM JUST CONCERNED ABOUT WHAT DOES THE CITY DEFINE THESE ALLEYWAYS AS BEING, ARE THEY LIKE TEMPORARY USE TO OFFLOAD CONSTRUCTION EQUIPMENT TO HAVE UTILITY EASEMENT? I MEAN, WHAT, WHAT IS IS IT SO WELL, SO YOU HAVE 25, UH, 15 FEET OFF A HILLCREST AND IT GOES TO A 25 FOOT, UH, THAT RUNS BETWEEN, UH, HER PROPERTY AND YOURS.
AND SO A A A VEHICLE CAN EASILY MAKE THAT BECAUSE A, LIKE A GROCERY STORE, FOR EXAMPLE, THEY HAVE 25 FOOT DRIVES, THEY TURN INTO A NINE FOOT PARKING SPACE SO THEY CAN MAKE THE TURN.
UH, AS FAR AS THE USE IS, I MEAN, IT'S, IT'S PUBLIC RIGHT OF WAY.
SO, UM, AS LONG AS THERE'S NOT A UTILITY POLE, THAT, THAT WOULD BE MY CONCERN IS THAT IF THERE WAS UTILITY POLES IN THE MIDDLE OF THE THING, LIKE IF THAT WAS ITS PURPOSE, THEN THAT WOULD BE AN ISSUE.
BUT IN THIS CASE, IT IS NOT THE PRIMARY ACCESS.
THAT WAS WHY I RAISED THAT QUESTION EARLIER.
THEN THAT WOULD BE, UM, IT'S ONCE IN A BLUE MOON, YOU COULD DRIVE ON IT ON GRASS FOR RESIDENTIAL USE, BUT IF SHE WERE TO PUT IN, UM, A, A RESIDENCE THERE AND, AND TRY TO PARSE, YOU KNOW, PARCEL IT OUT OR WHATEVER, THAT WOULD BE AN ISSUE THAT WOULD REQUIRE TO BE PAVED AND ALL THAT GOOD STUFF.
SO THAT'S, THAT'S WHERE I WAS GOING WITH TO FIND OUT FREQUENCY, WHETHER OR NOT TRAFFIC ACTUALLY EVALUATED THIS TO DETERMINE THAT THEY'RE GONNA ALLOW SUCH A THING AND AS A SECONDARY, UH, POINT OF ACCESS IT, IT STAFF WAS SAYING THAT IT WAS.
SO THAT WAS, UM, THAT WAS JUST WHAT MY QUESTION WAS.
I WAS, I I I KNOW WHERE YOU'RE COMING FROM ON THAT, BUT, SO BRAMAN RAGMAN, UM, SO IT APPEARS FROM A MAP THAT, UM, THE ALLEYWAY GOES ALL THE WAY AROUND THAT CUL-DE-SAC SECTION OF HOMES.
AND THAT THERE'S NOT JUST THAT HILLCREST IS NOT THE ONLY ACCESS POINT TO THAT ALLEYWAY.
[03:05:01]
IT APPEARS THAT YOU CAN GET TO THAT ALLEYWAY BEHIND, UM, THE SUBJECT PROPERTY FROM QUEEN BEST COURT IN TWO DIFFERENT DIRECTIONS.SO IT, IT APPEARS THAT HILLCREST, THE ALLEYWAY COMING OFF OF HILLCREST IS NOT THE ONLY WAY TO GET TO THAT SECTION OF THE, UM, OF THE ALLEYWAY, IS THAT CORRECT? UH, IT IS, BUT I THINK THAT IT IS STILL VERY NARROW ON THE QUEEN BEST SIDE.
AND THERE IS A POLE, I THINK ON THE, ON THAT QUEEN VEST SIDE, ON THE UPPER SECTION, THERE IS ALSO AN ENTRANCE ON THE LOWER SIDE OF THE ALLEYWAY.
BUT AS SHE, SHE MENTIONED THERE ARE SOME OBSTRUCTIONS WHERE IT ISN'T AS, AS WIDE AND IT WOULD BE MORE DIFFICULT TO HAVE CLEARANCE AND MAKE, MAKE A, UH, TURN THERE.
BUT I MUST SAY THAT THE TRAFFIC ON HILLCREST HAS INCREASED ASTRONOMICALLY AND WE HAVE HAD PROBLEMS THERE WITH ACCIDENTS WITH PE PEOPLE BEING KILLED.
UH, AND IT'S, IT'S THE INCREASE OF TRAFFIC ON HILLCREST HAS GONE UP ASTRONOMICALLY.
SO IT'S, IT'S JUST, I WOULD LIKE TO SEE WAYS, MAYBE ALTERNATIVE WAYS TO ALSO COME IN AND OUT OF THAT ALLEYWAY OTHER THAN JUST HILLCREST BECAUSE THOUSANDS AND THOUSANDS OF CARS NOW ARE U USING HILLCREST AND IT, IT IS BECOME VERY UNSAFE.
IT'S BECOME VERY UNSAFE FOR US TO EVEN PULL IN AND OUT OF OUR RESIDENCE.
SO, SO, UM, ALSO LOOKING AT THE AERIAL MAP ON SLATE AND DRIVE, UM, IT DOES APPEAR THAT THERE IS A, LET'S SAY SEMI UNIMPROVED, UM, WHERE IT DOES LEAD TO THE BACKYARD THAT LOOKS LIKE IT HAS A DRIVEWAY OFF OF THAT ONE ENTRANCE THERE.
SO, SO THEY HAVE A CURVED BACKYARD DRIVEWAY, I GUESS.
UH, SO THEY'RE OFF OF QUEEN VEST AT THE FRONT, BUT IT DOES LOOK LIKE THEY HAVE ACCESS THERE.
SO, UM, SO ARE YOU AWARE OF THE SLATON DRIVE? YES, BUT YOU CAN SEE THAT IT'S VERY NARROW THERE.
YOU CAN SEE THAT THE ALLEY THAT RUNS FROM SLATON TO HILLCREST IS ONLY 15 FEET WIDE.
SO, UH, THAT'S QUITE TIGHT THERE TO HAVE TO MAKE THAT RIGHT TURN OR THE LEFT TURN COMING FROM THE HILLCREST SIDE.
UM, UH, I GUESS THAT ALLEY BEHIND OUR PROPERTY MUST BE ANYWHERE FROM 20 TO 25 FEET, BUT IT IS, I DON'T KNOW IF SHE IN INTENDS TO JUST PRIMARILY COME TO THE ALLEY FROM THE HILLCREST SIDE, OR WILL SHE BE COMING FROM QUEEN BEST YOU OR SLADEN YOU, YOU WOULD HAVE TO CON CONFER WITH, WITH HER ON THAT.
THAT'S, UH, QUITE A LONG DISTANCE
UP THERE AND IT'S, AND IT GRADUALLY GOES UP.
SO, UM, I'M TRYING TO THINK, ONCE YOU PULL INTO HER GARAGE, I GUESS SHE CAN TURN AROUND AND THAT'S WHY THE, THE PORTION OF THE DRIVEWAY IS SO LARGE SO SHE CAN BACK UP OUT OF THE GARAGE AND THEN MAKE A TURN.
BUT IF THESE ANTIQUE FIRE TRUCKS ARE BEING USED FOR SAY, PARADES OR CHILDREN'S BIRTHDAYS OR SOMETHING, THIS IS SOMETHING THAT MIGHT BRING IN, UH, INCOME SAY, AND THAT, UH, POSSIBLY THEY WOULD NEED TO USE IT MORE THAN 20 TIMES A YEAR.
I, I WOULD THINK THAT IN ORDER TO RENT THEM OUT FOR BUSINESSES BUSINESS PURPOSE.
WE'VE, UH, NO OTHER QUESTIONS FOR THIS WITNESS.
UH, THANK YOU FOR YOUR TIME AND LET'S BRING THE APPLICANT BACK TO DEAL WITH THESE.
MAY I ADDRESS THE QUESTIONS? YES, THAT'S HERE, HERE, DAVIS.
FIRST OFF, YOU LET, LET ME, LET ME ADDRESS THE, THE TECHNICAL PART OF IT AS FAR AS, CAN YOU PLEASE GO BACK TO THE, THE, THE TWO DIMENSIONAL DRAWING, THE SITE PLAN ADDRESS, UH, HIS CONCERN AS FAR AS, UH, DRAINAGE, UH, IT WOULD BE THE SITE, THE ORIGINAL SITE PLAN THAT SHOWS, UH, APPLICATION WHERE I'M GOING WITH DRAINAGE IS THAT THE, THE ORIENTATION OF THE BUILDING IS ACTUALLY SLOPING, UH, TOWARDS THE ALLEY.
SO THE, IT'LL BE A GUTTER, SO IT'S ACTUALLY SLOPING TO THE ALLEY AND IT'LL BE GOING DOWN THAT ALLEY.
THE REST OF THE, THE RIDGE PART OF THE ROOF WILL BE DRAINING ON HER PROPERTY, DRAINING TOWARDS THE FRONT OF THE CUL-DE-SAC.
AS FAR AS LIGHTING IS CONCERNED, WE'RE ONLY GONNA HAVE WALL PACKS DOWN LIGHTING JUST FOR SECURITY PURPOSE, BUT NOTHING FACING HIS, UH, THE PROPERTY TOWARDS HER BECAUSE BY, BY THE WAY, HE
[03:10:01]
DIDN'T MENTION, IT'S ACTUALLY A BIRD ACTUARY.SO THERE'S A LOT OF BIRDS THAT ARE NATIVE AND, AND THEY, THEY COME AND NEST HER.
SO WE ALL, THE LIGHTING'S GONNA BE MOSTLY TOWARDS HER PROPERTY.
SO I DO WANNA THANK YOU FOR YOUR CONCERNS.
I, I THINK A LOT ABOUT MISS, UM, TARA MAVERICK, MY NEIGHBOR.
UM, BUT THERE'LL BE SENSOR LIGHTS THAT'LL BE PUT THERE.
THEY'LL ONLY COME ON WHENEVER THERE'S ACTIVITY THERE BECAUSE IT'S ELECTRICITY AND WE DON'T NEED THOSE LIGHTS ON ALL THE TIME.
IN FACT, I HAVE AN OUTDOOR FLOODLIGHT THERE THAT'S BEEN THERE FOR PROBABLY 15 YEARS AND WE ONLY TURN IT ON WHEN WE NEED TO BE OUT THERE.
AND IT'S, IT'S LIKE, UH, WE USED TO, IN THAT AREA THAT'S THERE, I USED TO HAVE A VOLLEYBALL COURT, AND SO THE LIGHT WOULD ONLY COME ON WHEN WE WERE GONNA PLAY VOLLEYBALL.
WELL, IT SOUNDED LIKE A GREAT IDEA WHEN WE INSTALLED IT, BUT LATER IT BECAME THE BIGGEST TEXAS SIZE CAT LITTER BOX IN THE NEIGHBORHOOD.
UM, SO THESE ARE THE ANTIQUE VEHICLES.
WE ARE A NONPROFIT BY BEING A NONPROFIT, WE DO IT FOR COMMUNITY SERVICE.
WHEN WE DO DO BIRTHDAY PARTIES, WE ASK THAT THEY ISSUE THOSE CHECKS TO THE NONPROFIT.
SO WE'RE NOT, I DON'T EVEN DRAW A SALARY.
EVERYTHING IS GIVING BACK TO THE COMMUNITY.
THIS WAS ESTABLISHED AFTER NINE 11.
I WORKED FOR, UH, MARSH AND MCLENNAN.
WE WERE THE LARGEST IN, UM, BROKERAGE COMPANY.
AND THAT FIRST PLANE THAT HIT THE TOWER, I LOST OVER 285 COLLEAGUES.
SO THIS NONPROFIT WAS SET UP IN HONOR OF NINE 11.
WHEN YOU SEE THE FOOTAGE, YOU REMEMBER THE FIRETRUCK BEING SMASHED AND DEMOLISHED.
I TRIED TO THINK OF A WAY TO MAKE IT A BETTER PLACE FOR CHILDREN AND BE ABLE TO GO AND FULFILL A CHILDHOOD DREAM, TO TAKE A RIDE IN A BIG, RED, SHINY ANTIQUE FIRETRUCK AND HAVE A GOOD EXPERIENCE VERSUS REMEMBERING THESE FIRETRUCKS THAT WERE DEMOLISHED AND PEOPLE THAT WERE HURT.
NOW THE WATER THAT RUNS OFF OF HILLCREST, BECAUSE THERE ARE AT HIGHER ELEVATIONS, ACTUALLY ALL RUNS INTO MY YARD NOW.
I EVEN TRIED PUTTING ROCKS AND THEY ALL GOT WASHED INTO THE STREET AND WE'D SHOVEL 'EM BACK UP AND TRIED TO DO ZERO LANDSCAPING.
SO MOST OF THE WATER, WHEN IT FILLS UP FROM HILLCREST AND COMES THROUGH THEIR DRIVEWAY, COMES DROWN THE SIDE OF MY YARD ALL THE WAY DOWN INTO THE CUL-DE-SAC AREA.
AND THEN WE SHOVEL ALL THE ROCKS BACK UP AGAIN.
SO IF THERE'S ANY WATER COMING THAT WAY, IT'S DEFINITELY GONNA COME INTO MY YARD.
UM, I THINK THAT THE MAVERICKS HAVE MAYBE FOUR RESIDENTS ON THE PROPERTY.
SO YOU HAVE A LOT OF TRAFFIC THAT'S COMING IN AND OUT DAILY INTO HILLCREST.
I'M ONLY UTIL ASKING TO UTILIZE THAT SPACE FOR SPECIAL OCCASIONS, SO IT WOULDN'T BE A DAILY OPERATION.
I HAVE A FULL-TIME JOB AND SO DO MY, THE PEOPLE THAT LIVE IN MY HOME, WHICH IS MY SON, AND WE USE THE DRIVEWAY.
UM, THE ONLY TIME THAT, UH, BIG FIRETRUCK HAS BEEN IN THE NEIGHBORHOOD HAS BEEN TO PICK ME UP ON OUR WAY TO DO AN ACTIVITY AT WOODLAWN LAKE OR SOME OTHER COMMUNITY ACTIVITY IN THE AREA.
SO WE'VE NEVER BROUGHT IT INTO THE AREA, BUT I HAVE, UM, RETIRED FIREFIGHTERS THAT ARE MY DRIVERS AND THEY'VE BEEN ABLE TO SCOPE OUT WHICH IS THE BEST DIRECTION TO GO BECAUSE THEY ARE ANTIQUE VEHICLES AND YOU CAN SEE THEY'RE OPEN.
WE DO NOT TAKE THEM OUT WHEN THE WEATHER IS BAD BECAUSE IT'LL ONLY DETERIORATE THE AU AUTHENTICITY.
SO WE WOULDN'T EVEN BE GOING UP AND DOWN THAT ALLEYWAY WHEN IT'S WET AND MUDDY OR ELSE, FOR EXAMPLE, THE 1925 HAS WOODEN SPOKE WHEELS.
THERE'S NO WAY THAT I'M TAKING IT THROUGH THERE.
UM, THE 1975, IF I TOOK IT THROUGH THE MUD, I MIGHT SPEND ALL DAY TRYING TO GET IT OUT OF THE MUD.
SO WE HAVE NO INTENTIONS OF UTILIZING THAT AREA UNLESS IT'S DRY AND WE CAN UTILIZE IT IN A SAFE MANNER.
AND JUST A, JUST JUST ON A FINAL NOTE, BASED ON THIS PICTURE, HER ADJACENT NEIGHBORS TO HER, THERE IS NO FENCE.
THEY HAVE A, LIKE THIS BIG OLD PROPERTY, IT LOOKS LIKE A PARK.
I THINK YOU TOLD ME THE OTHER DAY THAT, BUT THAT IS, WELL BESIDES THE MAVERICKS, IT'S THE ONES ON NEXT TO YOU ON YOUR SIDE OF YOUR HOUSE.
YEAH, THEY, THERE'S PEOPLE THAT THINK IT'S A PARK AND THEY GO AND SLEEP THERE AND STUFF, SO SHE HAS TO.
SO, BUT I JUST WANTED TO BRING THAT UP, BUT ALL WE'RE ASKING FOR IS THAT 95.
AS THE BUILDING'S ALREADY BEEN PURCHASED, SHE'S ALREADY OUT SOME MONEY THERE, SO WE'RE JUST, I'M JUST TRYING TO HELP HER TO, YOU KNOW, FULFILL HER DREAM.
CHAIR, I NEED TO CHIME IN NOW.
'CAUSE NOW THERE'S NEW INFORMATION THAT HAS BEEN, UH, STATED FOR THE RECORD.
SO, UM, PRIOR TO WHEN THE APPLICATION WAS SUBMITTED AND PRIOR TO FRIDAY, IT WAS COMMUNICATED TO US THAT THE DETACHED GARAGE WAS FOR PERSONAL VEHICLES.
[03:15:01]
YES.BUT THEY'RE PART OF A BUSINESS.
AND SO ON FRIDAY WE HAD GOTTEN WORD THAT THEY WERE THE, UH, FIRE TRUCKS, ONE OF THEM BEING AN OVERSIZED FIRETRUCK.
AND SO, UH, THE CASE MANAGER CONFIRMED, UH, AGAIN, IT WAS CONFIRMED THAT THERE WERE PERSONAL VEHICLES.
AT NO TIME WAS THERE ANY MENTION THAT IT WAS FOR THE USE OF A NONPROFIT ORGANIZATION.
SO IF I DONATE THEM OUT OF THE KINDNESS OF MY HEART FOR THEM TO BE USED FOR NONPROFIT COMMUNITY EVENTS, IT'S STILL A BUSINESS AND HOUSED OUT OF A DETACHED GARAGE.
IT CAN'T EVEN QUALIFY AS A HOME OCCUPATION BECAUSE A HOME OCCUPATION IS NOT ALLOWED TO BE IN A GARAGE.
UH, SO THAT'S WHY THESE TYPES OF VEHICLES, WHETHER THEY'RE, THINK OF IT LIKE A CONTRACTOR'S FACILITY, UM, IF THEY HAVE A CONTRACTOR TRUCK, THEY CAN'T PARK IT ON ON THEIR PERSONAL RESIDENCE, THEY HAVE TO PARK IT AT A BUSINESS OR STORE IT ELSEWHERE.
IT'S THE SAME THING FOR THIS, REGARDLESS IF IT'S NONPROFIT OR FOR-PROFIT, IT'S STILL PART OF A BUSINESS.
UH, SO THOSE VEHICLES WOULD NOT BE ALLOWED TO PARK.
WHEN WE, WHEN YOU SAY PERSONAL VEHICLES, OUR INTERPRETATION OF A PERSONAL VEHICLE IS, I LIKE, I'M JAY LENO AND I LIKE TO COLLECT A LOT OF THESE NICE CUSTOM CARS IN THEIR MINE.
I DRIVE THEM AND I HAVE 10 OF 'EM.
THESE ARE NOT PERSONAL VEHICLES FOR PERSONAL USE.
THIS IS ACTUALLY FOR A BUSINESS.
MAY I ASK THIS QUESTION THEN? WHEN THE BUILDING IS CONSTRUCTED, UM, AS YOU CAN SEE, ONE OF THE ITEMS THAT'S GOING IN IS THE TRAILER.
THAT'S MY PERSONAL ITEM THAT I CAN UTILIZE THE BUILDING FOR.
PERSONAL TRAILERS ARE ALLOWED, RV IS ALLOWED.
ANY ONE OF THOSE PERSONAL TYPE OF TRAILERS ARE ALLOWED TO BE PARKED ON YOUR RESIDENCE.
SO IF, AND I'M ASKING FOR CLARITY, IF THE VEHICLE HAS MULTI-PURPOSE USES AND IT'S BUILT AND I PUT A MOTOR HOME IN THERE, THEN IT'S OKAY TO HAVE IT.
YES, A MO UH, AND THE CO IS ACTUALLY, UM, HAS A, I GUESS IT'S A, UH, A STIPULATION THAT ALLOWS FOR MOTOR VEHICLE HOMES.
'CAUSE THOSE ARE PERSONAL VEHICLES.
BUT IF I HAVE A TRAILER AND I LOAN IT OUT TO A FRIEND OF MINE, I'M ALLOWED TO HAVE THAT AS WELL.
AND LET ME CHIME IN FOR A SECOND HERE.
SO WE'RE HERE TO TALK ABOUT AN ACCESSORY STRUCTURE.
WHAT, WHETHER SHE'S ALLOWED TO USE IT AS A BUSINESS OR NOT, UM, IF SHE'S STILL WANTS TO PURSUE CONSTRUCTION AS AN ACCESSORY STRUCTURE, IS IT POSSIBLE FOR HER TO PUR PURSUE A, UM, A CD ON HER ZONING DISTRICT TO ALLOW FOR THIS NONPROFIT? UH, JUST, AND AGAIN, THAT'S JUST FOR HER INFORMATION, BUT, BUT IF SHE DOES WANT TO, FOR US TO MOVE FORWARD WITH, YOU KNOW, THIS AS AN ACCESSORY STRUCTURE FOR HER PERSONAL VEHICLES, SHE'S JUST BEING TOLD PUBLICLY THAT SHE CURRENTLY, THE WAY THINGS ARE NOW, YOU CAN'T PUT THE FIRETRUCKS IN THERE, BUT RIGHT, RIGHT.
SO YES, YOU CAN STILL CONSIDER A DETACHED STRUCTURE, A DETACHED ACCESSORY STRUCTURE FOR THE USE OF PERSONAL VEHICLES BECAUSE REMEMBER ONE OF THE FINDINGS OF FACTS SAYS THAT THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT.
BUT WHILE SHE'S BUILDING THIS, SHE'D HAVE TO GO TO ZONING FIGURE.
SO IF FIGURE THAT OUT, SHE WANTS TO HOUSE THOSE, SHE WOULD HAVE TO RE-ZONE THEM.
BUT I JUST WANNA BE SURE, AGAIN, ONE OF YOUR FINDINGS OF FACTS SAYS THAT YOU'RE AUTHORIZING THIS.
THAT WOULD NOT AUTHORIZE A USE.
SO JUST WANTED TO BE SURE, BECAUSE THE USE THAT SHE'S TALKING ABOUT IS NOT ALLOWED IN THE ZONING DISTRICT.
BUT AGAIN, IF YOU'RE RESTRUCTURING YOUR, YOUR PRESENTATION THAT IT WOULD NOT HOUSE THOSE VEHICLES FOR THE BUSINESS, BUT RATHER PERSONAL VEHICLES.
THEN YOU CAN CLARIFY THAT FOR THE RECORD.
SHE, SHE DID SPECIFY THAT SHE'S CURRENTLY PAYING RENT AT A, AT A STORAGE FACILITY.
SO THERE'S NO VIOLATION FOR HER TO, YOU KNOW, UNTIL SHE ACTUALLY STARTS STORING IN THERE.
YOU KNOW, THERE'S WHERE SHE'S JUST BUILDING AN ACCESSORY STRUCTURE.
AS AGAIN, SHE HAD STATED FOR THE RECORD THAT THE PURPOSE OF BUILDING IT WAS FOR THOSE VEHICLES.
HER ADMISSION, HER ADMISSION CHANGES THE ENTIRE PERSPECTIVE OF WHAT SHE'S TRYING TO ACCOMPLISH.
AND, AND I THINK THE BACK AND FORTH QUESTIONS IS FOR HER TO CLARIFY, WELL, WHAT CAN I PARK THERE SO THAT, ARE THERE ANYTHING SHE WANTS TO PARK? AS LONG AS THE PERSONAL USE ONLY AND NOT USED FOR PARADES OR, OR OTHER TYPE OF, OF COMMERCIALIZED USE, THEREFORE, IT MEETS A DIFFERENT STANDARD AND IT WOULD NOT COMPLY IN RESIDENTIAL PROPERTY.
AND SO ESSENTIALLY, UM, IF, IF WE, THAT HADN'T HAVE COME UP, THIS WOULD'VE BEEN NO PROBLEM.
BUT SINCE IT'S NOW IN THE RECORD, IT IS A PROBLEM.
SO THAT MEANS YOU CAN MAKE A STATEMENT CLARIFYING WHAT YOU'RE INTENDED USE ARE USES.
AND, AND I WAS GOING TO, UH, ULTIMATELY WE'RE ASKING JUST FOR THE BUILDING.
I MEAN, ULTIMATELY SHE CAN, SHE CAN ACTUALLY SELL THEM ANOTHER DAY AND CLOSE HER SHOP.
AND SHE, SHE, SHE WANTS OR NOT DO ANY BUSINESS AT ALL THAT MIGHT BE AN ANTIQUE, A REMINDER OF WHAT SHE USED TO DO.
IT'S AN ART PIECE OF ARTWORK AND SHE WANTS TO HAVE IT CONCEALED.
SO, BUT SHE'S, AS LONG AS SHE'S NOT DOING
[03:20:01]
BUSINESS, IF SHE WANTS TO KEEP ON DOING BUSINESS, AND I AGREE WITH YOU, IS THAT THEN SHE WOULD HAVE TO GET A VARIANCE.BUT WE'RE NOT ASKING FOR THAT.
WE'RE ASKING FOR THE BUILDING.
SHE'S, SHE'S ALREADY PUT MONEY INTO THIS BUILDING, SO SHE JUST WANTS TO BUILD IT, GET IT DONE, AND AT ONE TIME OR ANOTHER, SHE IS GONNA RETIRE FROM HER PRESENT JOB.
AND SHE'S BEING HONEST WITH YOU AS FAR AS WHAT SHE, THE, WHAT HER REAL INTENT IS.
SHE'S NOT, SHE'S NOT TRYING TO SUGARCOAT HIM, PUT IT IN THERE AFTER THE FACT.
UH, WE'RE HERE, AS YOU KNOW, WE'RE, WE'RE BEING HONEST WITH YOU IF THAT'S THE STEPS WE, WE HAVE TO TAKE.
UH, WE'RE JUST WANTING THE BUILDING AFTER THE FACT.
WE COULD GO THROUGH THE ZONING AND GET A VARIANCE FOR THESE BUILDINGS, FOR THESE VEHICLES TO BE STORED AFTER THE FACT.
AND IT MIGHT BE THAT SHE MIGHT DECIDE NOT TO DO IT AFTER ALL, BUT SHE STILL HAS THOSE VEHICLES.
SHE PUT MONEY INTO THOSE VEHICLES, SO SHE WANTS TO STORE 'EM SOMEHOW OR ANOTHER.
ALRIGHT, NOW THAT WE'VE GOT A CLARIFICATION OF ALL THIS, WE NEED TO, UM, I BELIEVE WE'RE THROUGH WITH THIS PORTION OF IT.
SO I'M GONNA GO AHEAD AND CLOSE THIS TO THE PUBLIC.
I'M GONNA ENTERTAIN A MOTION IN REGARDS TO THIS AND I'LL HAVE TO POINT OUT ANY ADDITIONAL INFORMATION THAT YOU HAVE AND, UH, WE'LL SEE, UM, WHETHER SHE GETS HER VARIANCE OR NOT.
MANNA, MR. O HAVE OPENED HIS MOUTH, SO WE'RE GONNA HAVE TO GIVE IT TO HIM.
ALRIGHT, REGARDING CASE NUMBER BO A 19 DASH ZERO, UH, 1 0 3 0 0 1 72, I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR 95 SQUARE FOOT VARIANCE FROM THE MAXIMUM ACCESSORY STRUCTURE, 2,500 SQUARE FOOT FOOTAGE TO ALLOW A TOTAL OF 25 95 SQUARE FEET OF ACCESSORY STRUCTURE SITUATED AT 5 1 1 9 QUEEN BEST COURT APPLICANT BEING, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRACTED TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST BECAUSE PROPOSED ACCESSORY GARAGE WILL BE ACCESSED THROUGH THE REAR PROPERTY AND WILL NOT AFFECT THE CHARACTER OF THE NEIGHBORHOOD.
A TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
UH, STAFF CANNOT FIND ANY SPECIAL CONDITIONS THAT IF ENFORCED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
IF THE APPLICANT HAD APPLIED FOR PERMIT, STAFF COULD HAVE ADVISED THE APPLICANT OF OTHER APPROACHES TO ACHIEVE A SIMILAR EFFECT.
I WILL ADD, UH, THAT THE APPLICANT WILL BE, UH, STORING THE GARAGE, STORING, UH, UH, EFFECT ARTIFACTS AND IF PERSONAL PROPERTY IN THE GARAGE AS THE CODE AND ZONING, UH, PERMITS WOULD ALLOW.
BUT THIRD, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE WILL, IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF THE MAXIMUM SQUARE FOOTAGE IS TO, IS TO PROVIDE A LIMITATION OF ACCESSORY STRUCTURE AS TO NOT HAVE PROPERTIES WITH AN EXCESSIVE AMOUNT OF STRUCTURE ON THE PROPERTY.
THE REQUESTED VARIANCE FOR THE ADDITIONAL 95 SQUARE FEET OF PROPOSED STRUCTURAL STRUCTURE WILL NOT OBSERVE THE SPIRIT OF THE ORDINANCE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USE SPECIFICALLY AUTHORIZED TO THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
NO OTHER USES THAN THOSE ALLOWED WITHIN THE DISTRICTS WILL BE ALLOWED WITHIN THIS VARIANCE.
AND WE, UH, WITNESS TESTIMONY TODAY FROM THE APPLICANT AS TO THE STORAGE OF PERSONAL PROPERTY WITHIN THE STRUCTURE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF AJO ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUESTED VARIANCE IS FOR THE ACCESSORY GARAGE THAT WILL BE LOCATED AT THE REAR OF THE PROPERTY IN ACCESS THROUGH THE, THROUGH THE ALLEYWAY.
STAFF DOES NOT FIND THE RE THE REQUEST TO ALTER THE CONSENSUAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
AND WE ADDITIONALLY, UH, RECE RECEIVE TESTIMONY, UM, ABOUT, UH, THE USE OF THE, OF THE ALLEYWAY, UH, THAT HAS BEEN CLEARED AND PROVIDES ADEQUATE, UM, UM, ACCESS FOR THE TURNING RADIUSES TO GET TO THE GARAGE.
A SIXTH APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OTHER THE RESULT OF GENERAL CONDITIONS.
THE DISTRICT OF WHICH THE PROPERTY LOCATED, UH, STAFF DOES NOT FIND ANY UNIQUE CIRCUMSTANCES OF THE WARRANT, UH, THE GRANTING OF THIS, UH, REQUEST AND, AND A MOTION.
UM, MR. OZUNA, UH, YOU WANT TO OPEN THE DISCUSSION? UH, SO I, I WILL SUPPORT THE MOTION AS, AS, AS I PRESENTED.
UM, THE GARAGE AS, AS PERMITTED AS BILL TO WILL, CAN HAVE PERSONAL EFFECTS OF THE APPLICANT OF THE APPLICANT.
NOW WHETHER SHE CHOOSES TO THEN, UM, STORE OTHER ARTIFACTS FOR A FOR-PROFIT WOULD, THAT IS A, THAT IS A SECOND, UH, UH, PROCESS FOR APPROVALS, WHICH IS OUTSIDE OF WHAT THE MOTION IS BEING REQUESTED TODAY.
SO THE REQUEST IS FOR THE VARIANCE
[03:25:01]
FOR THE STRUCTURE, AND WE RECEIVE TESTIMONY THAT A, THE APPLICANT HAS ALREADY PURCHASED THE BUILDING AND WHICH WILL, UM, YOU KNOW, WILL BE SITUATED ON SITE.UM, THE ACCESS TO THAT STRUCTURE WOULD BE TO THE ALLEYWAY, WHICH WOULD HAVE THE CORRECT, UM, RADIUSES AND THAT ALLEYWAY IS MAINTAINED AND THE LIGHTING WILL BE SUCH THAT IT WILL NOT AFFECT THE ADJOINING PROPERTY OWNERS, UH, AS WE RECEIVE TESTIMONY TODAY.
ALL RIGHT, MR. MANON? OH, I CONCUR WITH MY COLLEAGUE.
AND I THINK THAT, UH, UM, A COUPLE OF THE ITEMS, UH, WERE ADDRESSED, UH, WITH REGARDS TO THE NON IMPERVIOUS CUP AND WATER MOVING FORWARD TOWARDS THEIR PROPERTY.
AND THEN ALSO THE, I GUESS THE, THE LIGHTING REQUIREMENTS.
AND SO I THINK THAT IF, TO MEET BOTH OF THOSE, UM, MAIN REQUIREMENTS THAT, UH, THEY'VE COMPLIED WITH, WITH THE REQUEST OF THE ADJACENT PROPERTY OWNER.
SO I WILL BE PUTTING IN SUPPORT OF THIS.
ANYONE ELSE OF INPUT? ORIAN ORIAN, UH, I'LL ALSO BE IN SUPPORT.
UM, YOU KNOW, WHAT SHE, WHAT SHE STORES IN THERE FOR HER NONPROFIT IS A, IS BETWEEN HER, THE CITY AND THE ZONING COMMISSION AT THIS POINT.
BUT, BUT FOR WHAT SHE'S ASKING FOR, THIS STRUCTURE IS COMPLETELY ADEQUATE FOR THE SIZE OF THIS LOT.
AND I THINK THAT IF THE CITY DOESN'T HAVE A PROBLEM WITH HER USING THE ALLEY AS SECONDARY ACCESS FOR THIS, AND IT'S WITHIN THE, THIS, IT'S NOT VIOLATING ANY SETBACKS.
IT'S DOESN'T, IT'S NOT GONNA BE HOUSING, UH, A PLACE, A RESIDENCE OR A DWELLING.
IT'S SIMPLY JUST FOR THE STORAGE OF, OF ITEMS. UH, THEN I THINK IT'S COMPLETELY APPROPRIATE FOR, FOR THE SIZE OF THIS, OF THIS, UH, LOT.
ANYONE ELSE? I HAVE A QUESTION.
UH, ONE OF THE CONDITIONS ON THE MOTION, I BELIEVE WAS THE MAINTENANCE OF THE EASEMENT.
AM I CORRECT WITH THAT? THAT'S NOT, THAT'S PUBLIC PROPERTY.
WE CAN'T DO ANYTHING WITH THAT.
ALRIGHT, LET'S GO AHEAD AND TAKE A VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
THE MOTION PASSES AS READ AND, UH, GOOD LUCK.
EVERYBODY KNOWS WHAT THEY'VE GOT TO WORK WITH.
[10. 20-1538 Consideration and approval of the January 13, 2020 Board of Adjustment Minutes.]
TO READ THE MINUTES AND YOU SEE ANY ALTERATIONS OR NOTATIONS THAT NEED TO BE CORRECTED.NONE BEING SO, OKAY, THE MINUTES ARE PASSED AS PRESENTED.
ANY OTHER ISSUE THAT NEEDS TO BE BROUGHT UP? NOTHING ELSE TODAY? WELL, THERE IS AN ISSUE THAT'S COMING UP.
I UNDERSTAND THAT THOSE OF US THAT MISSED THE MEETING THAT WE SIGNED UP FOR TODAY HAS BEEN RESCHEDULED FOR HERE FOR US, WHICH WILL BE IN MARCH, THE MUNICIPAL LEADERSHIP INSTITUTE.
SO THEY, UM, DIDN'T REALIZE THAT WE HAD A BOARD OF ADJUSTMENT MEETING TODAY AND THEY SCHEDULED THAT AND THEY LIKE FOR THE, UH, THE BOARD MEMBERS TO ATTEND ONCE A YEAR.
UH, SO WE'RE GONNA WORK WITH THEM ON A MINI VER UH, VERSION OF IT, UH, FOR THE MARCH 2ND MEETING, AS A LUNCH WORK SESSION.
SO WE'LL START IT AT ABOUT 11 O'CLOCK.
WE'LL SEND OUT THE DETAILS, WE'LL FEED YOU GUYS.
SO, UH, BUT IT'LL BE A MINI VERSION OF WHAT YOU WOULD'VE ATTENDED.
AND THEN WHEN THEY'RE PLANNING THE OCTOBER ONE.
AND SO YOU CAN GO TO THAT ONE AS WELL.
YOU DON'T HAVE TO COME FOR THIS ONE, BUT AS LONG AS YOU ATTEND ONE IN THE YEAR.
AND WE'LL WORK WITH THEM ON COORDINATING THE OCTOBER DATE SO IT DOESN'T CONFLICT WHEN ANY OF OUR BOARDING COMMISSION MEETINGS.
CATHERINE, HOW, HOW OFTEN ARE THOSE MEETINGS HELD? THEY JUST DO ONE A YEAR OR TWICE A YEAR.
SO THEY DO ONE IN FEBRUARY AND, UH, ONE IN OCTOBER.
AND IT, SO YOU'RE SAYING IF YOU HAVE A MINI ONE IN MARCH, YOU STILL WANT US TO GO IN OCTOBER? IT'S UP TO YOU.
WE JUST WANNA OFFER IT TO YOU IN CASE.
I DECLARE THAT THIS, THIS MEETING OVER.