[00:00:01]
I'M GONNA CALL THIS MEETING THE BOARD OF ADJUSTMENTS INTO SESSION.
UH, IF WE HAVE THE SPANISH INTERPRETER COME OUT PLEASE.
IF Y'ALL COULD ALL PLEASE JOIN, UH, STAND AND JOIN ME.
IN THE PLEDGE, I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY, JUSTICE FOR ALL, HONOR THE TEXAS FLAG.
I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD.
UH, STAFF, IF YOU COULD PLEASE CALL ROLL.
COMMISSIONER VASQUEZ, PRESENT CHAIR ORIAN.
AND COMMISSIONER CRUZ IS PRESENT TOO, IT LOOKS LIKE.
SO WE HAVE 10, A QUORUM OF 10 TODAY.
[ Briefing and Possible Action on the following items ]
BEFORE WE PROCEED WITH TODAY'S CASE, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.UH, THIS BOARD FOLLOWS AN AGENDA, WHICH IS AVAILABLE ONLINE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT AND THE STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR WILL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS, I ASK THAT THE BOARD MEMBER SUBMIT THESE ANNOUNCEMENTS TO ME AS THE CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME OF THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SIGN, AND WE DO GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND SAN ANTONIO CITY COUNCIL.
THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY THE CITY COUNCIL.
WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM A DECISION TO DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR, DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY OF THE DIRECTOR OF ELEMENT SERVICES REGARDING REQUEST FOR VARIANCES FOR REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION.
THEY WILL BE QUESTIONED BY THE MEMBERS OF THE BOARD.
ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKE MANNER.
AFTER EVERYONE HAS HEARD THE CASE WILL BE CLOSED AND A MEMBER OF THE BOARD WILL MAKE A MOTION.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
IN ORDER FOR A MOTION TO CARRY.
IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF IN GRANTING THE RELEASE RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS.
SPECIAL EXCEPTIONS OF VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS OF THE PERTINENT FACTS OF YOUR CASE.
UH, STAFF WILL BE BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTY OF 200 FEET OF THE SUBJECT PROPERTY MARKS.
INDICATES THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION UPON THIS PRESENTATION.
ANY QUESTIONS ABOUT THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST FOR THOSE SIGN UP TO SPEAK FOR OR AGAINST A PROPOSED VARIANCE OF SPECIAL EXEMPTION.
YOU'LL BE CALLED IN AN ORDER THAT YOU SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED TO MAXIMUM THREE MINUTES PER SPEAKER AND YOU'RE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION FOR THOSE.
I WOULD LIKE TO GIVE UP THEIR TIME TO A SPEAKER.
THAT SPEAKER WILL BE ALLOWED MAXIMUM TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.
THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
AND IF YOU HAVE DONE SO, PLEASE TURN YOUR PHONES INTO SILENCE.
[00:05:01]
THANK YOU.SO TODAY, ITEM NUMBER NINE, UH, WHICH REGARDS? 2 4 0 6 EL PASO STREET HAS BEEN WITHDRAWN.
IS THERE ANYONE IN THE GALLERY WHO HAD SIGNED UP TO SPEAK FOR ITEM NUMBER NINE? JUST WANTED TO MAKE SURE.
UM, THE NEXT SORT OF HOUSEKEEPING IS, UH, ITEM NUMBER SIX, UH, REGARDING 1439.
LAMAR STREET IS REQUESTING A CONTINUOUS TILL OCTOBER 26.
IS THERE ANYONE SIGNED UP TO SPEAK ON THAT ITEM? NOBODY SIGNED TO SPEAK AND I'LL JUST READ THE CAPTION ON IT.
UH, REQUEST BY TO FIELD FOR AN APPEALS FOR AN ADMINISTRATIVE DECISION TO REVOKE AN APPLICANT'S STR PERMIT ON 1439 LAMAR STREET.
UH, STAFF RECOMMENDED ISLAND DISTRICT TWO.
AND THEY'RE REQUESTING FOR CONTINUANCE TO 10 26.
AND WAS THERE ANYONE IN THE GALLERY, UH, WHO WAS HERE FOR THAT ITEM OFF LAMAR STREET? JUST WANTED TO ASK.
ALRIGHT, IS THERE A MOTION TO CONTINUE TO OCTOBER 26TH? A MOTION FOR CONTINUANCE BY COMMISSIONER? IS THERE A SECOND? SECOND.
UH, MO ANY OPPOSED? HEARING NONE.
MOTION CARRIES AS THAT ITEMS CONTINUE TILL OCTOBER 26TH.
UH, NEXT ITEM IS ITEM NUMBER ONE, DISCUSSION OF THE UDC PROCESS.
INTERIM POLLAD ADMINISTRATOR HERE TO DISCUSS ITEM NUMBER ONE.
SO AS YOU ARE, MAY NOT BE FAMILIAR WITH, WE ARE GONNA BE STARTING THE UNIFIED DEVELOPMENT CODE PROCESS, JAN, THIS START THIS JANUARY.
THIS IS CHAPTER 35, THE MUNICIPAL CODE THAT IS UPDATED EVERY FIVE YEARS.
THIS IS WHERE, UH, NOT ONLY CITY DEPARTMENTS BUT PUBLIC DEPARTMENTS, DEPARTMENT GROUPS, AS WELL AS BOARDS AND COMMISSIONS MAY SUBMIT AMENDMENTS EITHER AT A NEAR CLARIFYING TO THE EDC PROCESS.
AND I'M KIND OF HERE TODAY TO KIND OF SEE ONE, IF THE BOARD HAS ANY POTENTIAL IDEAS, AND IF SO, HOW YOU GUYS WANNA PROCEED IN SUBMITTING AMENDMENTS AS A BOARD OF ADJUSTMENT THROUGH THAT PROCESS.
WELL, UM, FIRST OF ALL, WHEN, WHEN WOULD Y'ALL LIKE TO HAVE OUR AMENDMENTS DONE IN JANUARY OR FEBRUARY? IS THERE A DATE, A TARGET DATE? SO THE WINDOW TO SUBMIT IS FROM JANUARY 1ST THROUGH MARCH 31ST, 2027.
AND THEN FOR THE BOARDS OF COMMISSIONS, IT WOULD REQUIRE HAVING AN ITEM ON Y'ALL'S AGENDA TO VOTE, WHICH AMENDMENTS YOU WOULD LIKE TO PROCEED.
AND THEN ONCE THOSE ARE APPROVED, THEN WE WOULD THEN BE SUBMITTED FORMERLY THROUGH THE UDC PROCESS.
SO WHAT I WOULD LIKE TO, UH, PUT OUT THERE IS I THINK, UH, ANY MEMBER, UH, OR EVEN ALTERNATE MEMBER WHO WOULD LIKE TO PARTICIPATE, UH, SHOULD BE ABLE TO DO SO.
AND I THINK THAT WE'D LIKE TO HAVE JUST A WORKSHOP.
UH, IT DOESN'T HAVE TO BE BEFORE A MEETING.
IT COULD BE IN ANY DAY YOU WANT, UH, JUST FOR US TO GET TOGETHER.
I'M SURE THERE'LL PROBABLY BE NINE PEOPLE THERE, BUT, UM, JUST, UH, SO THEY CAN ALL KIND OF PUT UP, UH, THEIR AMENDMENTS.
I'VE BEEN WORKING ON SOME MYSELF, UH, AND TO, UH, AND THE PURPOSE REALLY IS TO SEE IF THERE'S ANY DUPLICATES MM-HMM
UH, OR TO JUST TO KIND OF SEE IF THERE'S ANY, UH, UH, ADJUSTMENTS THAT MAYBE OTHER MEMBERS MIGHT BE ABLE TO SUGGEST.
BUT, UM, AND THEN AFTER WE HAVE THAT, WE WOULD JUST COMPILE THEM IN A BIG LIST TO PUT ON THE AGENDA.
AND SO WHAT WE CAN ALSO DO TOO IS IF YOU GUYS HAVE ANY IDEAS, AND WE MAY NOT KNOW HOW TO WRITE THE AMENDMENTS, YOU CAN KIND OF HAVE A DEADLINE WITH THE SUBMITTING TO OUR DEPARTMENT, WE CAN TAKE A STAB AT THOSE AMENDMENTS AS WELL AND THEN KIND OF PRESENT THEM EITHER LIKE A WORK SESSION EITHER NEXT MONTH OR IN JANUARY, WHICHEVER Y'ALL WANNA DO FOR THAT.
I THINK A WORK SESSION, UM, IT, IT WOULD BE WONDERFUL.
UH, I THINK THAT FOR THOSE WHO MAYBE AREN'T, UH, HAVE, WHO HAVEN'T DONE THIS BEFORE, THEY MIGHT BENEFIT FROM SEEING MM-HMM
LIKE, I'VE DONE THIS, THIS IS GONNA BE MY FOURTH TIME BASICALLY.
AND UH, SO IT'LL BE, UH, YOU KNOW, JUST TO KIND OF SEE HOW OTHER PEOPLE ARE DOING IT AND THEN WE'LL HAVE ONE MORE TO SUBMIT THEM.
SO I DO LIKE THE IDEA OF BEING ABLE TO PRESENT IT TO YOU ALL SO THAT WAY YOU CAN WORDSMITH IT AND GET IT INTO A LANGUAGE, YOU KNOW, AND THEN I THINK THAT MIGHT BE BENEFICIAL TO BRING TO THAT WORK GROUP, YOU KNOW, AND THERE MAY BE SOME THAT COME UP IN THAT WORK GROUP ITSELF, BUT I DO THINK THAT, YOU KNOW, HAVING THAT WORDSMITH, YOU KNOW, AND KIND OF VETTED, BECAUSE I KNOW THAT AS I'VE DONE SUBMITTED SOME IN THE PAST, IT CHANGED DRAMATICALLY FROM HOW IT STARTED SIMPLY BECAUSE THERE WAS MUCH BETTER LANGUAGE FCI PROVIDED BY THE CITY.
SO, UM, YOU'RE SUGGESTING THAT, UH, THE COMMISSIONERS WANT TO PARTICIPATE, UH, WOULD MEET TOGETHER AND SEE WHAT CHANGES THEY MIGHT WANNA DO IN THE UGC AND THEN HAVE A MEETING WITH CITY STAFF TO GO OVER WHETHER THOSE CHANGES ARE APPROPRIATE OR IF WE'RE USING THE RIGHT LANGUAGE.
IS THAT IT? OR IS IT THE OTHER WAY AROUND? YEAH, I MEAN, IT'S LIKE ON MY LIST I ACTUALLY RECANT THE UUD C AND I CROSS OUT OR ADD TEXT.
SO YOU HAVE THE SECTION, YOU HAVE WHAT I'M TRYING TO ACCOMPLISH.
[00:10:01]
UM, IT'S, YOU KNOW, BUT SOME, SOME MEMBERS MAY NOT KNOW THE APPROPRIATE SECTION OR MAY THERE MIGHT BE SOMETHING THEY WANT TO DO THAT THEY MIGHT NEED SOME HELP.SO THEN MAYBE WE NEED TO MEET WITH CITY STAFF FIRST AND THEN HAVE OUR MEETING AND THEN MEET WITH THEM AGAIN.
SO THAT THEY COULD LOOK OVER EVERYTHING.
SO WHAT WE COULD DO MAYBE AT THE, UM, NOVEMBER 9TH WORK, I HAVE A WORK SESSION THAT, THAT DAY TO KIND OF SIT WITH YOU GUYS TO ONE, GO OVER THE PROCESS AND ALSO KIND OF ENGAGE HOW MANY PEOPLE HAVE ANY SUGGESTIONS FOR THE CODE.
THAT WAY STAFF CAN BE THERE TO ANSWER ANY QUESTIONS YOU ALL MAY HAVE.
AND THEN MAYBE AT THE NEXT WORK SESSION, MAYBE IN DECEMBER OR EVEN EARLY JANUARY, KINDA MEET WITH Y'ALL AGAIN TO THEN PROPOSE THOSE STAFF EDITS OR PROPOSE LANGUAGE AND KIND OF GET WITH YOU GUYS AGAIN BEFORE WE THEN EVENTUALLY PUT IT ON AN AGENDA MEETING IN JANUARY, FEBRUARY.
FOR YOU GUYS TO OFFICIALLY VOTE ON, SO NOVEMBER 9TH MM-HMM
AND THEN, UH, SECONDLY, I WANNA NOTE THAT IN THE 2020 EBC PROCESS, UM, FOR THE BOARD OF, FOR THE BOARDS OF COMMISSIONERS, THEY WERE SUBMITTED ON BE DSD SUBMITTED ON BEHALF OF THE BOARDS OF COMMISSIONS.
THAT'S SOMETHING WE CAN DO AGAIN, IF THAT'S SOMETHING YOU WANT.
THAT WAY THAT STAFF CAN THEN BE THERE AT THOSE PC T MEETINGS.
OF COURSE, Y'ALL ARE ALWAYS WELCOME TO ATTEND THOSE MEETINGS, BUT IN CASE YOU CAN'T, UM, OUR DEPARTMENT WILL BE ABLE TO ANSWER THOSE QUESTIONS FOR THOSE AMENDMENTS THAT WERE SUBMITTED BY Y'ALL'S BOARD.
AND THEN, UM, AND I, I, I CONCUR AS WELL.
UM, AND THERE ARE, UM, UM, A FEW PEOPLE ON THE BOARD HERE THAT ARE, I GUESS, UH, PART OF THE, UM, TAC THE TAC COMMITTEE.
SO, SO WE'LL, SO MINIMALLY THOSE WILL BE IN ATTENDANCE MM-HMM
AND REPRESENTING EVERYBODY HERE, I WOULD ASSUME.
BUT, BUT AS YOU SAID, EVERYONE'S INVITED, SO MM-HMM
I'LL MAKE A NOTE FROM NOVEMBER 9TH FOR Y'ALL'S WORK SESSION.
ANY OTHER FINAL QUESTIONS BEFORE WE MOVE ON? ALRIGHT, GET YOUR LIST STARTED, EVERYBODY.
SO WE ARE NOW ON ITEM NUMBER TWO.
ITEM NUMBER TWO IS BO 8 2 6 1 0 3 0 0 1 6 9.
APPLICANT BEING RAFAEL GONZALEZ LOCATED WITHIN CITY COUNCIL DISTRICT FOUR, LOCATED AT 58 43 BRANCH VALLEY STREET ZONING BEING NP EIGHT NEIGHBORHOOD PRESERVATION DISTRICT.
UH, THIS BEING A REQUEST FOR ONE A FOUR FOOT 11 INCH VARIANCE FROM MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW FOR A CARPORT TO BE ONE INCH FROM THE WESTERN PROPERTY.
LINE TWO, AN 18 FOOT EIGHT INCH VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT CARPORT SETBACK REQUIREMENT TO ALLOW FOR A CARPORT FRONT SETBACK OF ONE FOOT FOUR INCHES.
SUBJECT PROPERTY IS LOCATED OFF BRANCH VALLEY LOCAL ROAD SURROUNDED BY AN ESTABLISHED SINGLE FAMILY NEIGHBORHOOD, MULTI-FAMILY, UH, DEVELOPMENT AND COMMERCIAL DEVELOPMENT.
THE VARIANCE REQUESTED ORIGINATE ORIGINATED FROM A CODE ENFORCEMENT CASE FOR BUILDING A CARPORT WITHOUT A PERMIT PER STAFF SITE VISIT.
THE CARPORT REMAINS CONSTRUCTED.
STAFF ALSO DETERMINED THAT A VARIANCE FOR THE REQUIRED FRONT SETBACK IS NECESSARY FOR THE PROPOSED CARPORT AS INCLUDED IN THE REQUEST.
HERE'S THE SITE PLAN, SUBJECT PROPERTY SURROUNDING AREA.
STAFF RECOMMENDS DENIAL REGARDING THE SETBACKS, UH, REQUEST AND BO 8 2 6 1 0 3 0 0 1 6 9 BASED ON THE FOLLOWING FINDINGS OF FACT WHEN THE CONDITIONS CREATED IN THE NEED FOR THE SETBACK REDUCTIONS DENIED ESTABLISHED HARDSHIP THAT IS UNIQUE TO THE PROPERTY AND JUSTIFIED DEVIATION FROM THE ORDINANCE TO, ALTHOUGH THE CARPORT HAS BEEN CONSTRUCTED, GRANTING A REDUCED FRONT SETBACK FOR ONE LOCK SET OF PRECEDENT FOR REDUCED SETBACKS FOR FUTURE DEVELOPMENT, WHICH MAY NOT PROVIDE APPLE ROOM MITIGATE, MITIGATE FIRE SPREAD OR WATER RUNOFF.
21 NOTICE DESCENT WHEN RECEIVES IN FAVOR, ZERO IN OPPOSITION WHEN IN FAVOR, OUTSIDE 200 FEET AND NO VOICEMAILS RECEIVED.
UM, AND THEN NO REGISTERED NEIGHBOR ASSOCIATION WITHIN 200 FEET.
THAT CONCLUDES THAT PRESENTATION.
SO, QUICK QUESTION ON ONE OF THE PICTURES IN THE PRESENTATION.
THERE APPEARS TO BE A GUTTER ON THE FIRST FIVE FEET ON THE LEFT SIDE.
DOES THAT MEAN THIS APPLICATION INCLUDES GUTTERS OR ONLY INCLUDES GUTTERS FOR THE FIRST FIVE FEET? NO, THE, THE APPLICANT CAN SPEAK ON THAT.
AND HE'S, YEAH, LOOKING TO AMEND TO ADD THOSE GUTTERS.
ALL RIGHT, THANK YOU COMMISSIONER MANNA.
SO THIS, UH, I THINK YOU STATED THIS IS IN A, UH, NEIGHBORHOOD CONSERVATION DISTRICT, SO, SO NEIGHBORHOOD PRESERVATION OR NE NEIGHBORHOOD PRESERVATION.
[00:15:01]
ANYTHING WITHIN THE PRESERVATION DISTRICT APPLY TO THIS AS WELL? NO, IT'S JUST THE STANDARD FOR THE FRONT YARD IS 20 FEET INSTEAD OF THE NORMAL 10 FEET.I JUST WANNA MAKE SURE THERE WASN'T A, A DOUBLE GOING ON.
ALRIGHT, SO THE APPLICANT COME FORWARD.
HELLO, PLEASE STATE YOUR NAME.
UM, MY ADDRESS IS, UM, WHAT IS 5 8 4 3 BRANCH VALLEY.
UH, JOSE, I FEEL THAT I'M HURTING ANYBODY WITH BUILDING THESE PORT.
UH, I, UH, I GET ALONG WITH MY NEIGHBORS REALLY WELL.
I'VE BEEN LIVING AT THAT, UH, ADDRESS FOR 17 YEARS AND EVERYTHING'S ALWAYS BEEN GOOD CONSTRUCTION, BUT BROUGHT THE, I BUILT THAT, UH, PORT TO PROTECT THE VEHICLES FROM HIM AND SEE DELBAR I HAVE SEVERAL SIGNATURES FROM MY NEIGHBORS WHO LIVE AROUND AND THEY, THEY DON'T DISAGREE WITH ANYTHING BECAUSE I'M NOT HURTING ANYBODY WITH THAT.
IF YOU HAVE THOSE SIGNATURES, UH, THEY CAN PROJECT THEM UP FOR OUR VIEW.
I ALSO HAVE PHOTOGRAPHS OF, UH, THE PORT THERE IN THE NEIGHBORHOOD, AND I THINK THAT THEY ARE NOT FOLLOWING THE CITY AND LOSS.
WELL, WE CAN PROJECT, UH, WHATEVER EVIDENCE YOU'D LIKE TO PROVIDE.
THEY CAN SHOW IT UP ON THE, ON THE SCREEN IF YOU'D LIKE TO, UH, GET SOME OF THAT RIGHT NOW IF HE HASN'T.
AND THEN, UH, IT, IT LOOKED LIKE YOU WERE STARTING, UH, THE INSTALLATION OF GUTTERS.
UH, I STARTED DOING IT, BUT I STOPPED BECAUSE I DIDN'T KNOW WHAT WAS GOING TO HAPPEN TODAY.
WELL, UM, WOULD YOU BE AMENDING YOUR APPLICATION SO THAT YOUR CARPORT WILL INCLUDE GUTTERS? YES.
SO WE HAVE AN AMENDED APPLICATION TO INCLUDE GUTTERS AND THEN HOW MANY VEHICLES CAN YOU FIT UNDER THE CARPORT? IS IT FOR 2 4, 4 2 AND TWO? YES.
ANY COMMISSIONER QUESTIONS? ALL RIGHT.
AS IS THERE ANYONE SIGNED UP TO SPEAK? NOBODY SIGNED UP TO SPEAK.
IF THERE'S NOTHING ELSE, I'M LOOKING FOR A MOTION MANNA COMMISSIONER MANNA REGARDING CASE NUMBER BO 8 2 6 1 0 0 1 6 9 AND MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST BY RAPHAEL GONZALEZ BECAUSE, UH, LET'S SEE, UH, FOR ONE, A FOUR FOOT 10 INCH VARIANCE FROM THE MINIMUM REQUIRED SIDE SETBACK, UM, TO ALLOW A CARPORT TO BE ONE INCH FROM THE WESTERNER PROPERTY LINE AND TWO, AN 18 FOOT EIGHT INCH VARIANCE FROM THE REQUIRED 20 FOOT CARPORT SETBACK REQUIREMENT TO ALLOW FOR A CARPORT, FRONT SETBACK OF ONE FOOT FOUR INCHES, LOCATED AT 5 8 4 3 BRANCH VALLEY STREET, UH, WITH AMENDMENT OF INCLUDING GUTTERS.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER'S PROPERTY IS SUCH THAT A, UH, LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE WILL NOT ADVERSELY AFFECT THE PUBLIC INTEREST AS A CARPORT WILL REMAIN, UH, WILL REMAIN ACCESSORY TO THE EXISTING DWELLING AND NOT CREATE AN IMPACT ON SURROUNDING
[00:20:01]
PROPERTIES.TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN ESSAY HARDSHIP.
LITTLE ENFORCEMENT OF THE REQUIRED SETBACKS WOULD SIGNIFICANTLY RESTRICT THE ABILITY TO PROVIDE A CARPORT ON THE PROPERTY.
THREE, BY GRANTING THE VARIANCE OF SPARE, THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED RELIEF IS LIMITED IN SCOPE AND WILL PROVIDE SUBSTANTIAL JUSTICE WITHOUT CREATING AN UNREASONABLE IMPACT ON THE SURROUNDING AREA.
FOUR, THE VARIANCE WILL NOT AUTHORIZED THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN ZONING DISTRICT, WHICH IS VARIANCE IS LOCATED NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CORN PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH HIS PROPERTY IS LOCATED.
THE REDUCED SETBACKS ARE NOT ANTICIPATED TO ESSENTIALLY IMPAIR THE USE OF ADJACENT PROPERTIES OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
SIX APPLY TO THE OWNER OF PROPERTY FOR WHICH THE VARIANCE AS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THESE CIRCUMSTANCES ARE SPECIFIC TO THE PROPERTY, ARE NOT FINANCIAL IN NATURE AND ARE NOT ATTRIBUTABLE TO GENERAL CONDITIONS WITHIN THE ZONING DISTRICT.
THE REQUESTED VARIANCES ARE INTENDED TO PROVIDE THE MINIMUM RELIEF NECESSARY TO ACCOMMODATE THE PROPOSED CARPORT AND A MOTION.
SO, UM, I'LL BE SUPPORTING THIS AND FOR A COUPLE REASONS.
ONE IS, IS THE APPLICANT DID A REALLY GOOD JOB OF GOING OUT AND TALKING WITH THE NEIGHBORS.
AND ONE OF THE THINGS WE ALWAYS TALK ABOUT IS, YOU KNOW, BUILDING COMMUNITY AND WHILE IT IS THAT, UM, THEY'RE AN INFORMAL NEIGHBORHOOD ASSOCIATION, UM, REGISTERED WITH THE CITY, UH, UM, YOU KNOW, THERE IS AN EFFORT, YOU KNOW, THAT WAS MADE BY THE APPLICANT HERE.
THE SECOND THING IS LOOKING, UM, BECAUSE THERE IS NOT A FORMAL ASSOCIATION ASSOCIATED WITH IT, UM, I, I GOOGLE DROVE AROUND THE COMMUNITY AND I SEE THAT THERE ARE MANY OTHER CARPORTS THAT ARE ALREADY IN THE COMMUNITY, UH, VERY SIMILAR TO THIS.
AND, AND SO IT'S NOT SETTING A PRECEDENT BECAUSE IT'S ALREADY BEEN SET.
AND SO I THINK THE COMMUNITY IS RECOGNIZED THAT THIS IS OKAY FOR THE COMMUNITY AND SO THEREFORE I'LL BE AGREEING WITH THEM AND VOTING IN FAVOR.
I DON'T SEE A PROBLEM WITH IT.
AND OF COURSE, SINCE HE'S WILL BE INCLUDING GUTTERS AND THAT HELPS THE NEIGHBOR MORE THAN ANYTHING ELSE, AND IT IS ALL ALUMINUM, I DON'T SEE ANY PROBLEM WITH IT.
UH, ANYONE ELSE WOULD LIKE TO ADD HEARING NONE HAVE ROLL CALL, VOTE PLEASE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER RE BONIS? I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE VICE OF THE FACT.
APPLICANT BEING ROLANDO RAMIREZ LOCATED WITHIN CITY COUNCIL.
DISTRICT ONE LOCATED AT 3 4 3 SM TRAIL LANE ZONING BEING R FOUR RESIDENTIAL SINGLE FAMILY.
THIS BEING A REQUEST FOR A 32.5% VARIANCE FROM THE MAXIMUM FRONT YARD IMPERVIOUS LIMITATION TO ALLOW A FRONT YARD WITH 82, UH, 0.5 IMPERVIOUS COVER TO A NINE FOOT 11 INCH VARIANCE FROM THE REQUIRED 10 FOOT FRONT YARD CARPORT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE.
THIS SUBJECT PROPERTY IS LOCATED OFF LANE WITH AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD, APPROXIMATELY ONE BLOCK NORTH OF ALMOST ELEMENTARY.
UH, THE REQUESTED, THE REQUEST ORIGINATED FROM A CODE ENFORCEMENT INVESTIGATION THAT IDENTIFIED AN UNPERMITTED CARPORT ON THE PROPERTY.
A CARPORT APPLICATION WAS SUBSEQUENTLY, UH, SUBMITTED BUT WITHDRAWN BY STAFF DUE TO INSUFFICIENT INFORMATION AND PROPOSED WORK THAT DID NOT COMPLY WITH THE REQUIRED SETBACKS.
NO NEW CARPORT APP APPLICATION HAS BEEN SUBMITTED.
STAFF ALSO IDENTIFIED AN INCREASE IN IMPERVIOUS COVER WITHIN THE FRONT YARD, RESULTING IN THE PROPERTY EXCEEDING THE MAXIMUM PERMITTED 50% FRONT YARD IMPERVIOUS COVER STANDARD.
SUBJECT PROPERTY SURROUNDING AREA
[00:25:04]
STAFF RECOMMENDS DENIAL ON THE IMPERVIOUS COVER AND SETBACK VARIANCES IN BO 8 2 6 1 0 3 0 0 1 7 3 BASED ON THE FOLLOWING FINDING OF THE FACT, ONE, THE NEED, THE NEED FOR THE VARIANCES ASSOCIATED WITH THE PROPOSED PLACEMENT AND DESIGN OF THE IMPROVEMENTS RATHER THAN THE UNIQUE CONDITION OF THE PROPERTY.GRANTING THE VARIANCE WOULD DIMINISH THE INTENT OF THE FRONT YARD IMPERVIOUS COVER AND SETBACK REQUIREMENTS BY PERMITTING, UH, DEVELOPMENT BEYOND THE STANDARDS ESTABLISHED BY THE UDC 34 NOTICE DESCENT.
ZERO IN FAVOR, ZERO OPPOSED? UH, NORTH CENTRAL NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.
UH, THAT'S A SUPPORT FROM THE ASSOCIATION.
THAT CONCLUDES OUR PRESENTATION.
UH, DO Y'ALL SEE THIS AS A ZERO LOT LINE SUBDIVISION? AND I ASK BECAUSE IT LOOKS LIKE THERE'S A, UM, A, A RATHER DEEP DRIVEWAY HOLDING A A, A TRUCK AND A TRAILER THAT'S RIGHT UP AGAINST A NEIGHBOR'S HOUSE.
SO I'M JUST CURIOUS IF THIS IS A ZERO LOT LINE.
IS THAT THE APPLICANT? COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
YES, MY NAME IS ROLANDO RAMIREZ AND I APPLIED ON BEHALF OF THE OWNER.
I'M, FIRST OF ALL, I'M AN, I'M AN ENGINEER WITH MTR ENGINEERS AND I APPLIED ON BEHALF OF THE OWNER, MR. GEORGE GARCIA FOR THIS VARIANCE.
UH, TO SPEAK TO THE VARIANCES FIRST, THE IMPERVIOUS COVER, YOU KNOW, WE CALCULATED, WE KNOW THAT THE LIMIT ON IMPERVIOUS COVER IN THIS NEIGHBORHOOD IS 50% IN THE ZONING.
UH, THE REASON THAT MR. GARCIA WOULD LIKE, UH, A VARIANCE TO INCREASE THE AMOUNT OF IMPERVIOUS COVER IN HIS FRONT YARD IS BECAUSE HE IS OF COURSE, AS YOU CAN SEE OF LIMITED MOBILITY, UH, WE DON'T ANTICIPATE THAT THAT SITUATION IS GONNA GET, UH, ANY BETTER IN THE FUTURE.
HE IS CONFINED TO A WHEELCHAIR MOST OF THE TIME AT THIS POINT, AND HE'D LIKE TO BE ABLE TO ACCESS THE DIFFERENT AMENITIES IN HIS FRONT YARD.
HE HAS SOME PLANTERS, HE HAS A WATER SPIGOT, HE HAS, UM, A WATER FOUNTAIN THERE.
AND RIGHT NOW HE CANNOT GET TO THEM, UH, IF HE'S IN HIS WHEELCHAIR.
SO BASICALLY THIS IS FOR, UH, HE WOULD LIKE TO CONCRETE MORE OF HIS FRONT YARD SO THAT HE, HE'S ABLE TO ACCESS SOME OF THESE AMENITIES, UH, IN THE, YOU KNOW, WHILE HE'S IN HIS WHEELCHAIR.
SO THAT'S THE REASON FOR THE FIRST VARIANCE.
THE SECOND VARIANCE IS HE HAS CONSTRUCTED A CARPORT.
HE WAS NOT AWARE OF PERMITTING.
AND I KNOW THIS IS A PRETTY COMMON OCCURRENCE.
I WAS HERE TWO WEEKS AGO AND, AND I HEARD SEVERAL CASES LIKE THIS.
UH, THE CARPORT IS 25 BY 35 FEET.
LIKE I SAID, HE WASN'T AWARE OF THE PERMITTING REQUIREMENT, NOR WAS HE AWARE OF THE 10 FOOT BUILDING SETBACK.
I KNOW THAT IT'S BEEN MENTIONED ABOUT THE, YOU, YOU ASKED ABOUT THE PROPERTY NEXT DOOR AND WHETHER THIS WAS A ZERO LOT LINE, UH, WHICH IS NOT, BUT MR. GARCIA ALSO OWNS THE PROPERTY NEXT DOOR.
UM, RIGHT NOW THE SECOND VARIANCE FOR THE CAR IS TO LEAVE THE CARPORT AS IT IS.
IT DOES NOT ENC IT'S NOT ATTACHED TO THE HOUSE AND IT DOES NOT ENCROACH ON THE PUBLIC SIDEWALK.
UM, THAT'S PRETTY MUCH WHAT I HAVE.
UM, THAT, UH, THE SUV AND TRAILER THAT SHOWS ON THE LEFT, IS THAT AS IT'S SHOWN IN THE PICTURE THAT'S ON THE SCREEN, IS THAT IN ON THE NEIGHBORING, FULLY ON THE NEIGHBORING PROPERTY OR KIND OF HALF AND HALF? I'M TRYING TO FIGURE OUT WHERE THE PROPERTY LINE IS.
ARE YOU, THE CONTAINERS ARE GONE BECAUSE THE CITY SAID THAT I COULD NOT HAVE CONTAINERS THERE, SIR, IF, UH, CAN WE GET HIM A MICROPHONE? OH, YOU HAVE ONE? OKAY, GOOD.
CAN YOU PRESS THE BUTTON? I'M SORRY.
HE'S THE OWNER OF THE PROPERTY.
I'M SORRY THAT WE MET UNDER THESE CIRCUMSTANCES.
WILL YOU SEE WHERE THAT WHITE SUV IS RIGHT THERE? THERE'S TWO CONTAINERS BACK THERE.
HAVEN'T BEEN THERE FOR LIKE THREE OR FOUR YEARS EVER SINCE THIS STARTED WITH THIS CARPORT.
THEY CALLED ME AND TOLD ME THAT I HAVE TO MOVE THOSE CONTAINERS TO THE BACK AND THEN MAKE 'EM LOOK LIKE A HOUSE.
I SAID, OKAY, AND WHY DO YOU WANT ME TO DO THAT? SHE GOES, BECAUSE THAT'S THE ORDINANCE.
OKAY, SO WHAT ARE MY OPTIONS? HE SAID, GO AHEAD AND TAKE 'EM OUT OR DO IT.
AND I TELL YOU WHAT, I TOOK 'EM OUT.
SO I TOOK THE TWO CONTAINERS OUT AND THE REASON WE LAID A NEW SIDEWALK, BECAUSE THAT SIDEWALK HAS BEEN THERE FOR 67 YEARS, THAT DRIVEWAY.
SO WE BROKE IT OUT, LAID NEW CONCRETE, BUT I STILL HAVE THE PROBLEM THAT I WAS GETTING A LOT OF HAIL DAMAGE AND FROM THE TREE, NEXT DOOR BRANCHES WOULD FALL OFF AND HIT THE TREES.
I CAN'T AFFORD TO BE PAYING TO HAVE CARS REPLACE HOODS,
[00:30:01]
DO ROOF REPAIR AND STUFF LIKE THAT.BUT THE BIGGEST PROBLEM I HAVE, AND THAT'S WHY I WANTED TO SHOW Y'ALL A PICTURE.
CAN I SHOW IT TO YOU ALL SO Y'ALL CAN YEAH, THEY CAN PROJECT IT UP THERE.
THERE WAS SOMETHING THAT WAS SAID THE LAST MEETING WHEN I WASN'T HERE.
WELL I WAS HERE, BUT I DIDN'T GET A CHANCE TO TALK.
THEY SAID THAT I'M RUN RUNNING A BUSINESS OUT OF THE HOUSE.
ARE YOU SPEAKING TO THE MICROPHONE, SIR? OKAY.
YOU'S A REPORT WHERE I SIT ON THE BOARD OR TRANSPORTATION ADVISORY BOARD AND I AM THE CHAIRPERSON.
IF I WAS RUNNING A BUSINESS OUT OF THAT HOUSE, I WOULDN'T HAVE THAT LETTER FROM THE CITY SAYING THAT I AM.
THEN I ALSO HAVE YOU SOME LETTERS WHERE WE HAVE, UH, I CAN'T HOLD THIS.
JUST, YEAH, I CAN HOLD A BUTTON DOWN.
Y'ALL SAID I HAVE HERE 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 12 PEOPLE THAT SAID THEY HAVE NO PROBLEM WITH IT.
BUT HERE'S THE BEST PART TO VISUALLY SEE, HERE'S WHAT I WANT Y'ALL TO SEE.
THAT WHEN I HAVE THE SUV AND THEY HAVE TO PULL IT BACK AND THEY HAVE TO GET THE WHEELCHAIR OUT FROM THE BACK, THEN THAT'S WHY I BUILT THIS THING SO THAT I COULD GO OVER THERE.
CAN YOU PUT THIS ON THE PROJECTOR ALSO, PLEASE? WELL, MY, GO AHEAD.
WELL, MY QUESTION WAS IS I'M TRYING TO FIGURE OUT WHERE YOUR PROPERTY LINE IS AND IN RELATION TO WHERE THAT CAR IS SHOWN PARKED.
THE WHITE CAR, IS THAT, IS HALF OF THAT YOURS? IT FIVE FEET OF IT FROM THE HOUSE? YOURS, LIKE HOW MUCH? WELL, WITH THAT WHITE SUVI BELIEVE THAT IT'S MORE THAT WAY.
MY PROPERTY LINE OR THE HOUSE 3 43 SCHMELTZER, BUT I OWN BOTH HOUSES.
OH, I KNOW, BUT WITH THE, THE 50% RULE, I'M JUST TRYING TO ASCERTAIN LIKE WHAT WE'RE KIND OF LOOKING AT AND WHERE THAT LINE IS.
THAT'S KINDA, I CAN'T TELL YOU EXACTLY WHERE, WHERE IT'S, BUT I CAN TELL WHERE THE OLD FENCE IS.
AND THEN FOR STAFF, THIS HOUSE WAS BUILT IN 1955 AND THE APPLICANT HAS STATED THAT THE DRIVEWAY HAS PRETTY MUCH BEEN IN THIS CONDITION FOR ALL THOSE YEARS.
WHEN, WHEN WE BOUGHT THE HOUSE AND STUFF, HER PARENTS LIVED IN THE HOUSE.
MY WIFE'S PARENTS LIVED IN THE HOUSE.
I THEN BOUGHT IT FROM THEM AND FOR 46 YEARS WE HAVE BEEN THERE.
WELL, HER PARENTS WERE THERE ANOTHER 26, 25 YEARS.
SO WE'VE BEEN THERE 67 YEARS OVER.
WELL, THE THE PREMISE OF MY QUESTION IS, IS THAT IN, IN 1955 WAS A 50% RULE OF REQUIREMENT.
YEAH, I DIDN'T THINK, I THOUGHT THAT CAME MAY HAVE COME UP IN 87, BUT, UH, THE REASON WHY I ASK ABOUT THAT IS THAT IF WITH, IF, IF THE DRIVEWAY WEIGHS THE REAL CULPRIT OF WHAT'S CAUSING THIS TO BLEED OVER AND IT WAS, AND IT'S BASICALLY IN THE SAME CONFIGURATION AS IT WAS WHEN IT WAS BILLED.
I, I I JUST WANTED TO POINT THAT OUT ONE WAY OR ANOTHER.
IS THERE ANY OTHER COMMISSIONER QUESTIONS? OKAY, SAVANNAH.
SO, SO LOOKING AT GOOGLE, IT DOES NOT APPEAR THAT IT APPEARS THAT THE DRIVEWAYS WIDENED AFTER 2007, IT LATER THAN 2007.
SO, UM, SO IT WASN'T BACK IN 1950 THAT IT WAS THAT WIDE.
SO, AND IT MAY HAVE BEEN ACTUALLY CLOSER TO 2018.
NO, THE DRIVEWAY WAS NOT WIDE.
WHAT WAS DID AWAY, WHAT WAS THE SIDEWALK? WOULD YOU HAVE A PICTURE OF IT? I DID AWAY WITH THAT SIDEWALK BECAUSE THAT'S HOW I FELL DOWN ONCE WHEN THEY CAME TO PICK ME UP OVER THERE FROM THE FIRE DEPARTMENT.
AND THEN THE SEC, TWO TIMES AFTER THAT I FELL OVER TRYING TO GO TO THE FOUNTAIN 'CAUSE IT WAS GRASS.
THAT'S WHY I'M ASKING FOR THE CONCRETE TO GET TO THE FOUNTAIN SO THAT I CAN AT LEAST ENJOY THE TIME WITH MY WIFE OVER THERE IN THE EVENINGS AND STUFF.
WHAT, WHAT HE'S SPEAKING TO IS THAT THE PREVIOUS WORK THERE WAS GRASS ISLANDS IN BETWEEN THE SIDEWALK AND THE DRIVEWAY.
THOSE ISLANDS ARE, WERE WHAT WERE GIVING HIM SOME ISSUES AND THOSE ISLANDS WERE WHAT HE FILLED IN WITH CONCRETE.
UM, SO WHAT, I MEAN, WHERE IS IT THAT YOU'RE LOOKING TO PUT IN CONCRETE TO UM, I, I'M GENERALLY NOT A PERSON, UH, THAT ROOTS FOR CONCRETE.
UM, ESPECIALLY WHEN IT GETS OVER THE 50% LINE.
SO TRYING TO UNDERSTAND WHAT THAT YOU'RE LOOKING FOR.
AND, AND AS A NOTE, I'VE DONE A LOT OF RESEARCH WITH REGARDS TO IMPERVIOUS VERSUS PERVIOUS COVER.
AND PERVIOUS COVER CAN BE APPLIED HERE.
UM, THAT IS ACTUALLY, UM, WHEELCHAIR CAPABLE AND EVERYTHING.
UM, IT'S JUST A MATTER OF DESIGNING IT AND SETTING IT UP.
AND SO, SO I DID DO A WHOLE LOT OF RESEARCH ON THAT 'CAUSE I'M LOOKING FOR THAT IN MY BACKYARD.
SO JUST AS A CAVEAT, AS I MAKE MY DECISION, YOU UNDERSTAND WHERE I'M GOING.
THIS IS A SIMPLE EXHIBIT SHOWING EXISTING WHAT'S IMPERVIOUS COVER.
AND YOU CAN SEE IN THE BACKGROUND THOSE ISLANDS THAT WERE FILLED IN.
THAT'S WHAT HE WAS SPEAKING TO THAT UH, WHERE HE WAS HAVING SOME ACCESSIBILITY ISSUES IN THE PAST.
AND HE'S, HE'S ACTUALLY, UH, FALLEN, YOU KNOW, SO HE HAD THOSE GRASS
[00:35:01]
ISLANDS FILLED IN, WHICH IS NOW SHADED IN PINK.AND THE OTHER WHICH SHADED IN GREEN, THAT'S THE PROPOSED IMPERVIOUS COVER THAT HE WANTS TO ADD.
SO THE, THE EXISTING YOU HAVE, UH, IN RED, THERE'S A, THERE'S A PLANTER THAT'S ON THE LEFT SIDE.
ISN'T IS IT? SHOULDN'T THAT BE IMPER? UH, IMPERVIOUS COVER THE PLANT? YEAH, NO, YEAH.
BUT THAT, THAT PLANTER WAS WHAT HAS ALREADY BEEN FILLED IN, IN OTHER WORDS, THAT WAS FILLED IN WITH THE WORK IN 2018 OR PREVIOUSLY WHEN THEY DID THE CONCRETE.
'CAUSE IN THE STAFF REPORT, THE PLANTER IS, IS THERE COUNTER NO, NO, ON THE LEFT SIDE, UH, OF THE DRIVEWAY.
SO IF, IF HE HAS A FIVE FOOT SIDE SETBACK, IT LOOKS LIKE THERE'S A PLANTER RIGHT IN FRONT OF THE WHITE CAR.
SO THERE IS A PLANTER RIGHT THERE.
SO THAT, SO WHEN YOU'RE, IS THERE, WE HAD ANOTHER PLANTER TO THE LEFT.
SO YES, YES, YOU, YOU ARE CORRECT.
THERE IS A PLANTER THERE AND THAT SHOULD BE IMPERVIOUS COVER.
SO ON YOUR EXHIBIT, THE 82% THAT YOU, THAT WE'RE TALKING ABOUT, IS THAT BASED ON YOUR EXHIBIT THAT YOU'RE SHOWING US TODAY WITH THE RED AND THE LIGHT BULB? THAT WAS BASED ON OUR EXHIBIT.
I HAD SOMEBODY AT OUR OFFICE HANDLING THAT AND THAT.
OBVIOUSLY DIDN'T TAKE THAT PLANNER IN ACCOUNT, SO IT WOULD BE LESS, BUT, SO IT SHOULD BE PROBABLY LESS THAN 80%.
AND WHAT, IS THERE ANY WIGGLE ROOM ON THIS WHATSOEVER? UM, IN WHAT REGARD? WELL, YOU KNOW, YOU, THERE'S 10 OF US HERE, YOU NEED NINE PEOPLE TO VOTE FOR IT.
AND SOMETIMES IF WE'RE JUST UNDER 80%, MAYBE IF WE GET DOWN TO 70%, YOU MIGHT, UH, WIN OVER SOME PEOPLE.
I DON'T UNDERSTAND THE QUESTION.
SO YOUR, UH, THE EXHIBIT THAT WE SHOWED, IF YOU COULD BRING STAFF COULD BRING THAT UP WITH THE, UH, LIGHT BLUE AND THE RED, THE TEAL IN THE RED.
SO FROM, FROM WHAT WAS JUST EXPLAINED, WHAT YOU'RE ASKING FOR, UH, IS 82.5% IMPERVIOUS COVER FROM THE HOUSE TO THE PROPERTY LINE.
AND THIS EXHIBIT EXPRESSES 82.5%, BUT IT'S A LITTLE LOWER BECAUSE IN THE LOWER LEFT HAND CORNER THERE'S A PLANTER THAT SHOULD BE EXCLUDED.
UH, THAT SHOULD GET YOU BELOW 80%.
UM, BUT YOU'RE, YOU'RE PROPOSING TO, UH, COMPLETELY CONCRETE AROUND THE FOUNTAIN.
SO, BUT WHAT WE'RE LOOKING FOR IS ANY WIGGLE ROOM, YOU KNOW, A CHAFER CORNER, SOMETHING THAT WOULD JUST GET A LITTLE BIT LESS, IT MIGHT BE MORE SUCCESSFUL.
WHICH LESS DO YOU NEED IT? WELL, I DON'T KNOW.
WE'LL FIND STEVEN, COMMISSIONER STEVENS WOULD, WOULD A FIVE FOOT PERIMETER TO ALLOW FOR TYPICAL TURNING RADIUS.
WOULD THAT WORK AROUND THE FOUNTAIN? LIKE IF YOU WERE TO OFFSET FIVE FEET ON ALL FOUR SIDES? WELL, YOU PUT IT, IF YOU PUT IT STRAIGHT THAT WAY I CAN GET TO IT AT ANY ANGLE.
YOU'RE TELLING ME TO CUT IT BACK FROM GLORIA'S HOUSE OR MY NEIGHBOR'S HOUSE.
SO ALL I NEED IS RUN ENOUGH ROOM FOR MY WHEELCHAIR AROUND THE, THE WATER FOUNTAIN.
I, I'M KIND OF LOOKING AT THE, THE SPACE ALONG SCHMELTZER LANE.
YEAH, SEE BELOW THE CIRCLE IT'S VERY THICK.
WHAT IF WE JUST, WHAT IF WE FIVE FEET BELOW THE CIRCLE, THAT'S WHERE WE DRAW A LINE AND SAY THAT'S IMPERVIOUS COVER, BUT BETWEEN THE PROPERTY LINE AND THAT FIVE FOOT CUT LINE, THAT'S GRASS.
I CAN SURVEY THAT MR. GARCIA AN APPROVAL, I CAN SURVEY THAT FRONT YARD, YOU KNOW, TO GET, I SENT ONE OF MY SURVEY CREWS OUT THERE, GET IT EXACTLY WITH REGARDS TO WHAT'S EXISTING AND WHAT'S NOT.
AND YES, I CAN DESIGN AN ACCESSIBILITY PLAN THAT WOULD GET HIM ACCESSIBILITY TO THE FEATURES AND SHOW LESS IMPERVIOUS COVER THAN WHAT YOU'RE SEEING NOW.
I MEAN WE'RE JUST LOOKING FOR ANY WIGGLE ROOM IS, I HATE TO KEEP MAKING YOU COME BACK HERE.
NO, LIFE IS, LIFE IS FULL OF WIGGLE ROOM.
THERE IS NO PROBLEM AS FAR AS I'M CONCERNED.
IF YOU WANT TO CUT SOME, YOU WANT SOME GRASS RIGHT THERE IN FRONT OF THE, BETWEEN THE FOUNTAIN AND THE STREET.
I DON'T HAVE A PROBLEM WITH THAT AS LONG AS I CAN GET AROUND THE FOUNTAIN.
WE JUST NEED TO, WE NEED TO VOTE ON A NUMBER.
I MEAN, SO THERE'S TWO WAYS WE CAN DO, WE CAN HAVE YOU COME BACK.
SO, UM, LOOKING AT THE EXISTING, UM, IMPERVIOUS COVER, IS THE PERCENTAGE AS IT EXISTS RIGHT NOW AT 50% OR LESS? OR IS IT NO, THE, THE STANDARD IS 50%.
UM, WE DON'T KNOW WHAT THE ACTUAL ON THE GROUND EXISTING IS.
YOU KNOW WHAT WE'RE ASKING FOR.
CAN WE TABLE THIS AND YOU CALL YOUR OFFICE AND JUST HAVE THEM FIGURE OUT WHAT THAT NUMBER WOULD BE.
THAT WAY WE CAN BRING IT UP AND TAKE CARE OF THIS TODAY.
I'D LOVE TO TAKE CARE OF IT TODAY.
I CAN HAVE SOMEBODY DO THAT NOW.
SO THEY DO TO EXCLUDE THE, THE, THE, THE LITTLE PLANTER AND THEN AT THAT, YOU KNOW, FIVE FEET BELOW THE CIRCLE FOR THE FOUNTAIN, MAKE THAT STRIP ALONG THE SMER PROPERTY LINE PER LIST.
WE'LL TABLE IT, COME BACK WITH A NUMBER.
WE WILL, AS SOON AS YOU HAVE IT WE'LL BRING YOU BACK
[00:40:01]
UP.AND WE DO HAVE TWO PEOPLE SIGN UP TO SPEAK FOR THIS CASE.
WILL I BE ABLE TO SPEAK AFTER YOU WILL ONCE IT COMES BACK UP? YES.
AND THEN WE DO HAVE SOME CITIZENS, UH, SOME PEOPLE SIGNED UP SO WE'RE GONNA HEAR FROM THEM AS WELL RIGHT NOW.
UH, BUT YEAH, WE'LL WE'LL KEEP THIS ALIVE IF YOU CAN GET THAT ANSWER FOR US.
SO ON THE CHART DOES, ON THIS CHART HERE, UH, IT WAS JUST POINTING OUT TO ME THAT IT DOES SAVE 58% IS ALREADY IMPERVIOUS.
UM, AND SO, SO WE'RE ALREADY ABOVE IT, I GUESS AT, AT THAT POINT.
THIS EXHIBIT WITH THE RED AND THE TEAL IS 82.5.
NO, BUT I'M SAYING THE RED IS 58 ALREADY.
SO, SO IT'S GONNA BE DEFINITELY MORE THAN 50, BUT THE EXHIBIT'S WRONG BECAUSE IT'S NOT CALCULATING THE YES.
AND HE'S GONNA, THEY'RE GONNA FIGURE THAT OUT REAL QUICK.
THIS CONCRETE WORK, UH, THIS CONCRETE WORK WHERE HE, WHERE HE REDID THE CONCRETE BECAUSE IT WAS BROKEN AND PROBABLY ADDED, THAT PLANTER WAS DONE ABOUT THREE MONTHS AGO, IS THAT CORRECT? IT WAS DONE ABOUT THREE MONTHS AGO.
SO NEAR MAP, THE REASON WE DON'T HAVE A CURRENT AERIAL IS BECAUSE NEAR MAP HAS AN UPDATED THE CURRENT AERIAL TO, TO THE PAST THREE MONTHS WHEN THAT WORK WAS DONE.
BUT IF THE RED AND THE TEAL IS AT 82 AND A HALF AND YOU TELL US WHAT IT GOES DOWN TO AFTER YOU EXCLUDE THOSE TWO ITEMS, THAT'S SOMETHING WE CAN VOTE ON? YES, YES, I CAN DO THAT.
ALRIGHT, SO IS WHO SIGNED UP TO SPEAK ON THIS ITEM? FIRST ONE IS TYLER.
WE'RE GONNA HEAR FROM, UH, SOME OF OUR, UH, PEOPLE FROM THE COMMUNITY AND THEN WE'RE GOING TO TABLE IT.
THANK YOU MR. UH, TYLER FIRST.
PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS.
HELLO? HELLO, MY NAME IS TYLER PENNINGTON.
UM, I OPPOSE THIS ORDINANCE, UH, THIS VARIANCE FOR 3 4 3 SCHMELTZER LANE.
UM, I HAVE LIVED AT THIS PROPERTY FOR APPROXIMATELY FIVE YEARS.
UM, I'VE BEEN ON THE STREET FOR APPROXIMATELY 36 YEARS.
UH, THE NEIGHBOR NEXT TO THIS HOUSE WAS THE HOUSE I WAS BORN IN.
UM, I COME FROM THE PHYSICAL THERAPY WORLD AS WELL.
RECREATIONAL THERAPY AS WORLD.
SO I'M USED TO WORKING WITH, UH, PEOPLE IN, UM, WHEELCHAIRS.
I AM OPPOSED TO THE, UH, ADDITIONAL VARIANCE IS GIVEN.
IT IS A RESIDENTIAL NEIGHBORHOOD, UH, VERY OFTEN THAT THERE ARE CARS, VANS AND LIMOS THAT ARE STORED ON THE STREET OR NEARBY IN SET STREET.
UM, IT IS MORE OF A SAFETY HAZARD AS WELL TO KIDS.
WE DO LIVE EXTRA ELEMENTARY SCHOOL.
UM, VERY OFTEN YOU HAVE KIDS THAT MAY HAVE TO WALK ACROSS THE STREET OR INTO THE STREET ACROSS FROM SIDEWALKS BECAUSE IT IS VERY DIFFICULT FOR THEM TO MANEUVER THROUGH THE STREETS.
UM, ONE THING I DID MENTION LAST TIME, I LIKE TO MENTION AGAIN, I DO NOT LIVE ON A STREET.
I LIVE ON A VERY SMALL RESIDENTIAL STREET.
UM, IT HAS BASICALLY BEEN AN UNDUE HARDSHIP FOR MYSELF AND MY NEIGHBORS JUST HAVING TO DEAL WITH EXCESSIVE TRAFFIC.
WE'VE BEEN VERY ACCOMMODATING.
I THINK A LOT OF US DON'T HAVE AN ISSUE WITH IT PER SE, BUT WHEN YOU START TRYING TO BLEED OVER THE LINE BETWEEN WHAT IS A BUSINESS VERSUS WHAT IS A RESIDENTIAL, I BELIEVE THAT CREATES A LITTLE UNDUE HARDSHIP FOR NEARBY PEOPLE.
UM, I WAS, UM, JUST IN THAT MINDSET OF I HAVE, I HAVE NO ISSUE WITH SOME CERTAIN THINGS, BUT I JUST WANNA MAKE SURE THAT WE'RE ALL PRETTY CONCISE AND ALL TOGETHER.
WHAT ADDRESS DID YOU LIVE AT SIR? I LIVE AT, UH, THREE THREE H SMELTER LANE.
I ACTUALLY LIVE ACROSS THE STREET AND ONE OVER.
UM, I ALSO, I DID WANNA MENTION BECAUSE I MENTIONED IT LAST TIME, UH, THAT 3, 4 3 ALSO OWNS APPROXIMATELY SEVEN OUT OF THE 17 HOMES IN THIS AREA.
UM, SO I JUST WANNA MAKE SURE THEY DON'T GET ANY EXTRA VOTES BY ANY MEANS.
JUST MAKE SURE THAT MY VOICE WAS HEARD.
SO I APPRECIATE YOUR TIME AND THANK YOU.
UH, STAFF IS, IS THERE A A, UM, WITH THIS NEW STATE LAW THAT ALLOWS PRACTICALLY ANY BUSINESS TO BE RUN OUT OF A HOUSE NOW, IS THERE, IS THERE ANY ISSUES? SO YOU CAN'T, UM, HAVE THE FRONT, UM, MANIPULATED TO LOOK LIKE A BUSINESS.
YOU CAN'T HAVE EXTRA VEHICLES IN THERE.
SO IF THERE'S A, A VEHICLE RELATED BUSINESS THAT IS STILL NOT PERMITTED IN THE HOME OCCUPATION.
OKAY, I JUST WANTED TO FIND OUT.
SO, UM, HOW WOULD YOU KNOW IF IT'S A VEHICLE RELATED OR BUSINESS RELATED VEHICLE? UM, UH, THAT'S SOMETHING CO COMPLIANCE WOULD'VE TO INVESTIGATE UNLESS THE HOMEOWNER TELLS US.
ALL RIGHT, THANK YOU VERY MUCH.
ANYONE ELSE UNDER THE SPEED? I GOT UM, ADDRESS AS 3 3 9 SCHUSSLER? YES.
[00:45:01]
I'M HAVING TROUBLE READING THE NAME.PLEASE TELL US YOUR NAME AND YOUR THOUGHTS.
I'M GLORIA CASTILE AND I LIVE AT 3 3 9 SCHMELZER LANE.
AND LIKE I TOLD YOU THE LAST TIME, I HAVE NO PROBLEMS WITH MY NEIGHBORS.
WE GET ALONG FINE, WE HELP EACH OTHER OUT.
IT JUST THAT BIG OLD GARAGE COVER THAT THEY GOT, THEY STARTED WITH THE ONE ACROSS THE STREET BECAUSE THEY BOUGHT THE HOUSE AND THEY BUILT A BIG OLD GARAGE AND THEN, UH, CARPORT.
AND THEN THEY STARTED ON THEIRS AT 3 43.
AND THAT ONE SEEMS TO BE BIGGER 'CAUSE I LIVE NEXT DOOR.
AND TO ME THAT WAS A BEAUTIFUL, WE HAVE A BEAUTIFUL NEIGHBORHOOD AND MY THING IS THAT IF THEY'RE GIVING THEM PERMISSION TO START BUILDING THESE HUMONGOUS CARPORTS AND DOING ANYTHING THEY WANNA DO, IT'S NOT GONNA BE THE BEAUTIFUL HOME THAT WE BOUGHT.
AND I'M THINKING ABOUT THE FUTURE.
I'M NOT GONNA BE AROUND HERE VERY MUCH, BUT YOU KNOW, MY KIDS ARE, AND I THINK OUR, OUR PROPERTY, IT BRINGS IT DOWN AND THEY'RE WELL BUILT.
THEY'RE BEAUTIFUL CARPORTS, BUT I MEAN, THEY'RE STAINLESS STEEL POLES.
I MEAN, THEY LOOK LIKE THEY BELONG IN A GARAGE OR A BIG BUILDING.
AND THEN WHEN THEY WERE BUILDING THESE CARPORTS, I MEAN, THE ONLY PROBLEM WAS THE REASON, UH, PENITENT AND I WERE COMPLAINING BECAUSE THE WHOLE, IT SEEMED LIKE THE CITY WAS THERE.
THEY WERE BRINGING ALL, HE'S GOT A, A BUSINESS.
SO ALL THESE BIG OLD TRUCKS AND GRAVEL AND THEY PUT GRAVEL IN THE STREET AND YOU HAVE TO, THE CITY WORKED ON THE STREET ABOUT A MONTH BEFORE AND THEY SENT US LETTERS TO TELL US THAT WE MIGHT HAVE TO END UP PARKING AT THE END OF THE BOG BECAUSE THEY WERE GONNA BUSY WORKING THERE.
AND THEN WE GOT THROUGH WITH THAT.
AND THEN HERE COMES THESE PEOPLE THAT STARTED WORKING IN THE CORPORATE.
BUT LIKE I SAY, I LOVE GEORGIA, I LOVE SYLVIA.
I JUST DON'T WANT THE NEIGHBORHOOD TO GO DOWN BECAUSE IT'S GOING DOWN ALREADY.
THEY DON'T TAKE CARE OF THEIR PROPERTIES.
THEY DON'T, I MEAN, SURE A LOT OF PEOPLE HAVE DIED AND NOW THE KIDS ARE TAKING OVER AND GEORGE IS ABLE TO RENT ALL THESE HOUSES AND THAT'S OKAY.
BUT GEORGE LIVES HERE AND WE HAVE THE LIMOS, YOU KNOW, THAT GO BACK AND FORTH.
THEY DON'T BOTHER ME BECAUSE I'M NOT AROUND, BUT IT'S JUST ALL THESE CARS, HOW MANY CARS ARE PEOPLE ABLE TO KEEP IN THE YARD? AND THEN AFTER GEORGE HOUSE, HE RENTED INTO A CONSTRUCTION COMPANY AND THEY, THOSE PEOPLE, THEY RENTED THE HOUSE.
I DIDN'T KNOW WHO THEY WERE, BUT YOU SEE ALL THESE TRUCKS COMING OUT WITH THEIR LADDERS AND THEIR EQUIPMENT THAT THEY NEED.
AND THEN THE NEXT DOOR, A MECHANIC LIVES THERE AND HE HAS ALL THESE CARS.
OH, I DON'T KNOW WHAT HE DOES WITH 'EM, BUT THEY'RE ALL, THE PARKING LOT IS FULL, HIS PARKING LOT AND THE STREET YOU GO, I'VE HAD PEOPLE TO COME TO MY HOUSE TO VISIT ME AND THEY DON'T FIND A PARKING SPACE BECAUSE ALL THESE STREET HAS TAKEN OVER WITH ALL THESE VEHICLES.
I MEAN, IT LOOKS LIKE A COMMERCIAL ZONE THERE.
IT JUST, IT DOESN'T LOOK LIKE HOME.
IT DOESN'T LOOK LIKE A RESIDENCE.
I'M THINKING ABOUT MY PROPERTY AND TAKING CARE OF MY PROPERTY AND WHOEVER COMES, I MEAN, IT'S FROM BEAUTIFUL TURN AND I'M, THE WHOLE SAN ANTONIO'S GOING DOWN, YOU KNOW.
BUT I'M TRYING, TRYING TO TAKE CARE OF WHERE I LIVE RIGHT NOW.
AND, UH, WHEN YOU HAVE ALL THESE PEOPLE, WHEN THEY WERE WORKING ON HIS PLACE, ALL THESE PEOPLE, THE WORKERS COME AND PARK AT MY HOUSE AND I'VE HAD PEOPLE TO LEAVE BECAUSE GLORIA, I WAS GONNA COME VISIT YOU, BUT YOU HAVE COMPANY.
I SAID, I DON'T HAVE ANY COMPANY AND THESE MEN THAT ARE WORKING, THEY DON'T PARK WHERE THEY'RE DOING THE JOB.
WHY DON'T THEY PARK WHERE THEY'RE SUPPOSED TO BE? AND THAT, THAT'S MY ONLY ISSUE THAT I WISH THERE WERE MORE PEOPLE TO CARE AND TO KEEP UP OUR, OUR NEIGHBORHOOD.
AND THEN I'LL TALK TO THE CITY ABOUT OTHER ISSUES THAT WE HAVE THAT THEY'RE WORKING IN THE STREETS AND THEY'RE GOING DOWN.
THEY'RE, THEY DON'T PICK UP THEIR DETOUR SIGNS.
OH, YOU CALL 'EM, THEY SAY, OH,
[00:50:01]
THEY'RE STILL WORKING BALONEY.THEY TAKE OFF WHO'S PAYING FOR ALL THESE SIGNS? WELL THAT, THAT'S A PUBLIC WORKS ISSUE.
YEAH, THAT'S A DIFFERENT, YEAH, BUT WHAT I'M TRYING TO SAY, THE CITY, YOU KNOW, WE NEED TO TAKE CARE OF SAN ANTONIO.
WHAT HAPPENED TO LET'S KEEP SAN ANTONIO PRETTY AND NICE AND CLEAN.
NO, BUT ONCE WE'RE GONE, THE, IT DOESN'T MATTER.
BUT THAT, THAT'S MY THING THAT IT'S OKAY WITH THE CORP.
IT'S JUST THAT TO ME THEY'RE COMMERCIAL.
IT'S THAT ONE AND THE ONE ACROSS THE STREET, YOU COME DOWN THE, THE PARKING, UH, THE SIGN, THE STOP SIGN AND ALL YOU SEE THESE HUMONGOUS GARAGE COVERS.
SO, SO IN YOUR NEIGHBORHOOD, EXCUSE ME.
SO IN YOUR NEIGHBORHOOD, ARE THERE ANY OTHER CARPORTS THAT ARE LIKE THIS? YOU KNOW, NO.
AS YOU DRIVE THROUGH, I DIDN'T SEE ANY EITHER, BUT I JUST WANNA MAKE SURE.
SO THERE'S CARPORTS THERE, RIGHT? BUT THEY'RE, BUT THEY'RE, THEY'RE, THEY'RE SET BACK AS WHAT AS THEY'RE SUPPOSED TO BE IS WHAT I SAW.
THAT'S WHAT GOT ME THAT THEY'RE JUST HUMONGOUS.
ANY, YEAH, ANYONE ELSE END UP TO SPEED? YOU ASK GLORIA? OH, THAT'S ALL.
UH, SO WHAT WE'RE GONNA DO, UH, FOR THOSE WHO'D LIKE TO STAY, WE'RE GONNA TABLE THIS ITEM UNTIL WE GET SOME MORE, UM, SPECIFIC INFORMATION FROM THE APPLICANT, HOPEFULLY SOONER THAN LATER.
SO ITEM NUMBER TWO IS HEREBY, I'M SORRY, ITEM NUMBER THREE IS HEREBY TABLED UNTIL FUTURE NOTICE TODAY.
UH, ITEM NUMBER FOUR, GOOD AFTERNOON.
ITEM NUMBER FOUR IS BO OA DASH 26 DASH 1 0 3 0 0 1 7 6 LOCATED IN DISTRICT EIGHT.
THE ZONING IS RM FOUR PUD AND THE REQUEST IS FOR A FOUR FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT GARAGE SETBACK TO ALLOW A 16 FOOT GARAGE SETBACK.
THE SUBJECT PROPERTY IS A PLANNED UNIT DEVELOPMENT LOCATED OFF HERMAN ROAD AND SURROUNDED BY PROPERTY ZONE FOR SINGLE FAMILY RESIDENTIAL USE, RE RESIDENTIAL ESTATE DISTRICT AND RP RESOURCE PROTECTION DISTRICT WITH MULTIFAMILY USES ACROSS THE STREET.
THE CASE ORIGINATED FROM A MAP ERROR THAT DID NOT SPECIFY THE PROPERTY WITH A PUD ZONING CLASSIFICATION, WHICH THEN DID NOT FOLLOW THE NECESSARY PROCESSES IN PLACE FOR REVIEWS OF SPECIAL ZONING DISTRICTS.
THERE ARE CURRENTLY 17 PERMITS PULLED FOR LOTS WITHIN THE PUD AND HAS 17 LOTS EITHER COMPLETE OR UNDER CONSTRUCTION.
THE REQUESTED SETBACK VARIANCES FOR ALL 70 LOTS WITHIN THE P ALTHOUGH NO INTERIOR SETBACKS ARE REQUIRED WITHIN THE PUD, THE 20 FOOT GARAGE SETBACK REQUIREMENT STILL APPLIES.
THIS IS THE SITE PLAN, THIS IS THE SUBJECT PROPERTY, THIS IS THE SURROUNDING AREA.
STAFF RECOMMENDS DENIAL FOR THE PUD GARAGE SETBACK BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED SETBACK FOR ALL LOTS WOULD NOT LEAVE THE NECESSARY ROOM AS INTENDED BY THE CODE.
THERE ARE MANY LOTS THAT HAVE NOT STARTED DEVELOPMENT AND COULD STILL BE PLANNED TO ADHERE TO UDC SETBACK REQUIREMENTS IN THE AREA.
STAFF MAILED AT ID SEVEN NOTICES.
ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
THERE IS ZERO VOICEMAILS RECEIVED AND THERE'S NO REGISTERED NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
THIS CONCLUDES STAFF'S PRESENTATION.
UH, I JUST WANTED TO POINT OUT AND, AND HOPEFULLY STAFF CAN LET ME KNOW IF I'M RIGHT OR NOT, BUT ON AN RM FOUR POD, IT'S, IT'S, THE DENSITY IS ONE PER SEVEN, BUT YOU GET TO INCLUDE EVERYTHING EXCEPT FOR NON BUILDABLE LOTS AND WHICH I DIDN'T SEE ANY IN THIS ONE.
UH, SO THAT'S WHY IF ANYONE'S WONDERING WHY THE LOTS ARE 31 FEET BY 85 FEET, THEY'RE VERY, VERY SMALL.
UH, SO, BUT, AND THE STREET WIDTHS ARE 28 FEET, I BELIEVE SO COMMISSIONER MANNA AND, AND, UM, THE ONLY QUESTION I GUESS I WOULD GO THROUGH IS, ARE ANY OF THESE SUBSIZED LOTS AS WELL? 'CAUSE I KNOW THAT NOW THAT WITH THE P ZONING THEY CAN, THEY'RE 31 BY 80 INSTEAD OF 4,000 SQUARE FEET.
IT'S, THESE THINGS ARE LIKE 2,600.
SO THEY'RE ALREADY SUBSIDIZED FOR THE ZONING DISTRICT.
THEY'RE IN N NO, THE PUD ZONING ALLOWS, I KNOW PUD ZONING, BUT IF IT WAS A STANDARD RM, IF IT WAS, IT'D BE SO THEY'VE ALREADY, IT'D BE WAY SMALLER.
THEY'VE ALREADY, UM, TAKEN ADVANTAGE OF THAT.
UH, WITH REGARDS TO THE PUD RULING, WHICH IS ONE OF THE THINGS I ACTUALLY WANNA TALK ABOUT IN THE YEAH, THE UDC THING, BUT, BUT YEAH, SO THEY ALREADY ARE WORKING ON SUB SIZED LOTS FOR THIS DISTRICT AND THE STAFF KNOW WHAT PERMITS HAVE BEEN PULLED AND WHICH ONES ARE STILL OPEN.
YI HAVE A RECORD OF WHICH PERMITS HAVE BEEN PULLED AND ARE ACTIVE.
THAT EXCUSE MY LINE OF QUESTIONING AS WELL, LIKE HOW, HOW MANY OF THE UNITS HAVE BEEN CONSTRUCTED WITH THE 16 FOOT SETBACK AND THEN WHAT IS KIND OF THE CURE REMEDY HERE IF,
[00:55:01]
IF THIS VARIANCE DOES NOT PASS AS REQUESTED? SORRY, HOW MANY, MANY HAVE SETBACK? HOW MANY OF THE UNITS HAVE BEEN CONSTRUCTED WITH THE 16 FOOT SETBACK THAT, SO 17 PERMITS HAVE BEEN ACTIVATED AND APPROVED.UM, I'M NOT SURE OF HOW MANY ACTIVELY HAVE BEEN STARTED.
THE APPLICANT CAN TELL US THAT AND IF THE BO OA DENIES IT, THEN THEY'RE GONNA HAVE TO ADJUST THEIR BUILDING.
CAN, CAN WE HAVE SOMEBODY FROM UH, TRAFFIC OR IF SOMEONE FROM FIRES HERE PERHAPS COULD COME UP THE RED? OH, YOU DON'T HAVE TO.
SO MY, MY QUESTION IS, IS, UH, FROM WHAT I'M LOOKING FOR JUST TO MAKE SURE I'M NOT OFF THE WALL ON THIS, BUT WHEN I LOOKED UP THE PLAID AND THE P PLAN, UH, IT LOOKS LIKE THAT THAT'S A 28 FOOT WIDE STREET WITH A FOUR FOOT SIDEWALK.
AND SO THE EIGHT, THE 16 FEET THAT THE APPLICANT'S REQUESTING WOULD BE FROM THE BACK OF THE SIDEWALK TO THE FACE OF GARAGE BASED, BASED ON THE STREET SECTION, UM, THAT WAS PROVIDED.
THE PROPERTY LINE IS TWO FOOT BEHIND THE SIDEWALK.
GENERALLY THE SETBACKS ARE MEASURED FROM THE PL YEAH, BECAUSE THE RIGHT OF WAY IS 40 FEET, CORRECT? THAT IS CORRECT.
SO THIS, SO IT'S A 28 FOOT SECTION, THEN YOU HAVE YOUR NINE INCH CURB.
AND SO WOULDN'T THAT LEAVE, SO THE SIDEWALKS ARE ACTUALLY IN THE RIGHT OF WAY.
THERE'S, THERE'S NO PEDESTRIAN EASEMENT ON THE PLAT? THAT'S CORRECT.
THERE'S NO PEDESTRIAN EASEMENT.
BUT TO JUST ADD ON TO THAT, THIS SPECIFIC RULE REGULATION CAN BE REVIEWED OR CAN BE MEASURED FROM THE PROPERTY LINE OR THE BACK OF THE SIDEWALK.
SO IN THIS CASE, BECAUSE THE SIDEWALK IS OUTSIDE OF THE PROPERTY LINE, WE CAN ACTUALLY GO TO THAT AND THAT'S WHERE THIS, THIS WHOLE APPLICATION AND VARIANCE IS FROM THE INTENDED FACE OF GARAGE TO THE ACTUAL SIDEWALK.
SO THEY'RE GETTING THAT CREDIT PAST THE PROPERTY LINE? CORRECT.
UH, ANY, UH, AND AS FAR AS FIRE PROTECTION AND UH, GOES, I MEAN 28 FEET, I DON'T SEE THE LENGTH BEING LONG ENOUGH TO WARRANT THE SUPER WIDE WALKWAY, BUT AT A 28 FOOT, UM, YOU'RE ALLOWED TO PARK ON ONE SIDE OF THE STREET? THAT IS CORRECT.
SO, AND WITH THE 31 FOOT LOT IN A 16 FOOT WIDE DRIVEWAY, THEY MIGHT GET ONE CAR BETWEEN EACH HOME AND OKAY.
I WOULD, I WOULD POINT OUT THAT THERE IS ADDITIONAL CLUSTER PARKING IN BUILT INTO THIS DESIGN.
OH, THAT'S RIGHT ON, RIGHT ABOVE 7,002.
UM, YEAH, THERE'S, THERE'S A HANDFUL OF PARKING SPACES THERE.
COMMISSIONER QUESTIONS? NOTHING.
SO JUST, JUST REAFFIRMING THAT WE HAVE 18 FEET TO THE BACK OF THE SIDEWALK.
YEAH, I'D RATHER SEE 18, ESPECIALLY ON THE ONES THAT HAVEN'T BEEN BUILT YET PERSONALLY, BUT, 'CAUSE YOU KNOW, 60, THERE'S GONNA BE CARS BARKING THERE, SO.
ALRIGHT, LET'S HAVE THE APPLICANT COME FORWARD.
EMILY WEISS, KELLY GRIFFIN AND FAIRMAN 1 0 1 0 1 REUNION PLACE, SUITE TWO 50.
UM, I WILL SKIP AROUND, UM, SINCE YOU GUYS JUST COVERED A WHOLE LOT OF THINGS.
UM, SO YES, THIS IS A FOUR FOOT VARIANCE TO THE MINIMUM 20 FOOT SETBACK.
THIS IS EFFECTIVELY CREATING A 16 FOOT MINIMUM FOR THE ENTIRE SUBDIVISION.
UM, BUT THAT IS GOING TO VARY.
UM, AND I WILL KIND OF WALK YOU THROUGH WHY.
UM, THIS PROPERTY IS SURROUNDED EFFECTIVELY BY FRIEDRICH PARK.
UM, THERE ARE A LOT OF THINGS INVOLVED.
EXTREME TOPOGRAPHY CHANGES, UM, SIGNIFICANT, UH, VERY, VERY TALL RETAINING WALLS, SOME OF WHICH YOU ALREADY SAW IN THE STAFF PHOTOS.
UM, WE ALSO HAVE A VERY DIFFERENT, UH, SCENARIO.
UM, ALONG THE NORTHERN BOUNDARY.
WE HAVE A EXTENDED PERIMETER SETBACK, UM, WHICH WAS NEGOTIATED WITH THE FRIENDS OF SAN ANTONIO NATURAL AREAS.
AS PART OF THE REZONING PROCESS, WE ACTUALLY HAD, UM, A VERY LENGTHY SET OF RESTRICTED COVENANTS.
IF ANYBODY WOULD LIKE TO TALK ABOUT THE CAP POLICY, I AM MORE THAN HAPPY TO ANSWER QUESTIONS ABOUT THAT.
UM, BUT LANDSCAPING BUFFERING, UM, SEPARATION THERE, UH, PARTICULARLY ON THE NORTH SIDE THAT WAS EXTENDED TO A MINIMUM 25 FOOT.
UM, BUT YOU CAN SEE WE HAVE SOME PRETTY EXTENSIVE OPEN SPACE DRAINAGE AREA.
UM, EFFECTIVELY THIS ENTIRE WESTERN SIDE OF THE PROPERTY IS NOT BEING DEVELOPED.
UM, BUT THERE ARE SOME PRETTY SEVERE TOPOGRAPHY CHANGES IN THROUGH HERE.
AS STAFF MENTIONED, WE HAVE 17 ACTIVE PERMITS, UM, THAT I DO NOT BELIEVE FROM MY UNDERSTANDING, THAT THERE IS A SINGLE HOME.
UM, THERE IS ONE HOME THAT IS FULLY COMPLETE THAT DID MEET THE 20
[01:00:01]
FOOT GARAGE SETBACK.SO AGAIN, THE REQUEST TODAY HERE IS TO SET A NEW MINIMUM WITH ALLOWING THE FLEXIBILITY, WHICH PUDS ARE DESIGNED TO DO.
AND THE CODE CALLS FOR THAT FLEXIBILITY WITHIN THE PUDS STANDARDS.
IT'S WHY PUDS EXIST, UM, TO ALLOW US THE VARIATION BECAUSE WE HAVE SUCH SEVERE TOPOGRAPHY AND EVERY LOT, QUITE FRANKLY.
EVERY LOT IS A VERY DIFFERENT SCENARIO.
UM, THIS PROPERTY IS BEING DEVELOPED BY ROSE HAVEN HOMES.
THERE ARE, UM, SEVERAL DIFFERENT LAYOUTS, UM, ALL OF WHICH HAVE TWO CARS.
THEY'RE TWO, THREE BEDROOM, FOUR BEDROOM HOMES.
UM, A TON OF QUALITY IN IMPLIED THERE.
UM, THEY ALSO HAVE, LIKE, INSIDE THOSE GARAGES HAVE THE, UH, THE ELECTRONIC CHARGERS, THEY, THE CARS, UM, A LOT OF REALLY GREAT FEATURES IN THIS PROJECT.
BUT, UM, YOU CAN SEE IN THIS ELEVATION AND IN THIS AREA RIGHT HERE, YOU CAN ALREADY SEE WHERE THOSE RETAINING WALLS ARE BEING INSTALLED.
YOU CAN SEE AS YOU GO UP IN THE PROPERTY, UM, THAT TOPOGRAPHY RISES PRETTY SEVERELY.
UM, THIS EXHIBIT IS A RETAINING WALL EXHIBIT, AND I'M GONNA PULL UP MY NOTES SO I DON'T MISSPEAK AS WELL.
BUT ALONG THIS NORTHERN BOUNDARY IS ONE OF TWO OF THE TALLEST RETAINING WALLS.
SO ALONG THIS NORTHERN BOUNDARY, WHICH ALREADY HAS THE EXTENDED PERIMETER SETBACK OF THIS PROJECT, THIS ONE HAS ALMOST 20 FOOT, 22 FOOT TALL RETAINING WALLS.
AND THAT RETAINING WALL NUMBER THREE GOES ALL THE WAY ACROSS THE NORTHERN SIDE AND ALL THE WAY DOWN HERE ON THE WEST.
UM, AND THEN RETAINING WALL NUMBER FIVE, WHICH IS JUST BELOW IT, IT KIND OF TAKES OUT THIS ENTIRE MIDDLE SECTION RIGHT HERE THAT IS ALSO ALMOST 22 FEET TALL.
UM, RETAINING WALL NUMBER ONE, UM, EXCUSE ME, RETAINING WALL NUMBER NINE ON THE FRONT EDGE RIGHT HERE IS 17 FEET TALL.
UM, AND RETAINING WALL NUMBER 10 ALONG THE, THE SOUTHERN PROPERTY LINE, UM, IS ALMOST 12 FEET TALL.
UM, SO WITH THAT, WE HAVE THESE VARYING, IN SOME CASES ALMOST 22 FOOT TALL RETAINING WALLS.
THOSE WALL FACES ARE ABOUT TWO FEET INCHES, BUT IN THE REINFORCED ZONE BEHIND THE WALL, THAT EXTENDS ANYWHERE FROM FOUR TO 12 FEET, WALLS THREE AND NINE.
SO THREE BEING THE ONE THAT GOES AROUND THE NORTH AND DOWN, UM, DOWN THE SOUTHWEST.
AND THEN WALL NUMBER NINE ON THE FRONTAGE.
THOSE ARE ONES THAT HAVE THAT DEEPEST REINFORCED AREA.
SO AN ADDITIONAL UP TO 12 FEET OF REINFORCED AREA BEHIND THAT WALL.
SO THAT SETS BACK WHERE THOSE HOMES CAN BE.
AND THEN WE ALSO HAVE TO FACTOR IN PROPER DRAINAGE AND GRADING THERE.
SO THOSE THINGS ARE, ARE REALLY IMPACTING THIS DEVELOPMENT AS A WHOLE.
UM, I DO WANNA NOTE, UM, THAT I THINK THIS IS A REALLY PRIME CASE FOR WHEN A VARIANCE CAN BE EXERCISED, AN APPROPRIATE REASONABLE REQUEST WITHIN A P, WHICH CALLS FOR NATURAL STATE PRESERVATION BUILDING SITING, UM, ATTENTION TO TRAFFIC INFRASTRUCTURE.
AND I WILL GO BACK, I KNOW STAFF MENTIONED THIS AS WELL, BUT WE ALSO HAVE IN HERE IN ADDITION TO, YES, I UNDERSTAND MOST PEOPLE DON'T PARK IN THEIR GARAGE.
THEY PROBABLY HAVE LESS STUFF THAN I DO, UM, IF THEY CAN PARK IN THEIR GARAGE.
UM, BUT WE ALSO INCLUDED, WE HAVE 36 OVERFLOW SPACES, WHICH WAS SOMETHING THAT WE HAVE BEEN FOCUSED ON, UM, THROUGH THE REZONING PROCESS IN OUR NEGOTIATIONS WITH ASANA.
UM, AND THROUGHOUT THIS PROJECT IS MAKING SURE THAT WE HAVE, UM, THAT AMPLE PARKING FOR WHEN PEOPLE COME OVER AND HAVE, YOU KNOW, I DON'T KNOW, A SUPER BOWL PARTY, UM, THAT THERE'S SOME SPACE IN THERE ACCOMMODATING FOR THE NEIGHBORS.
UM, SO, BUT I REALLY, REALLY DO THINK THAT THIS IS A PRIME EXAMPLE OF A VERY REASONABLE, VERY SMALL, UM, MINIMUM RESET, UH, VARIANCE REQUEST THAT JUST ALLOWS US THE FLEXIBILITY THAT THE PUD VERY SPECIFICALLY CALLS FOR, UM, TO, TO EXERCISE THAT THROUGHOUT THIS DEVELOPMENT.
BECAUSE WE HAVE SUCH SEVERE PHYSICAL TOPOGRAPHY, UM, CONSTRAINTS HERE THAT ARE ENTIRELY UNIQUE TO THIS PROPERTY.
UM, THIS IS FULLY GATED PRIVATE DEVELOPMENT.
UM, AND SO WE ARE CREATING A STANDARD MINIMUM FOR THE ENTIRE SUBDIVISION, UM, THAT IS FULLY CONTAINED IN IT.
SO HAPPY TO ANSWER ANY QUESTIONS, RESPECTFULLY REQUEST YOUR SUPPORT.
SO YES, I HAVE A COUPLE QUESTIONS.
DO YOU HAVE ANY IDEA WHICH, WHICH, UH, HOME TEMPLATE GETS YOU MORE THAN 16 FEET OUT OF THOSE THREE? I'M TRYING TO, BECAUSE WE, WE ALWAYS LIKE TO GRANT THE MINIMAL NEED, NOT JUST CART BUNCH, THE WHOLE THING.
SO, YOU KNOW, IT'D BE NICE TO KNOW WHAT MINIMALLY WE COULD DO, UH, TO BE SUPPORTIVE.
UH, SECOND QUESTION I HAVE IS, AND THIS IS JUST A, A MORE OF A COMMENTARY I GUESS.
SO WITH THE ONE PER SEVEN DENSITY FOR A PUD, IT'S, IT'S NOT SUPPOSED TO APPLY TO
[01:05:01]
NON BUILDABLE AREAS.WOULDN'T A PERMANENT DETENTION POND BE CONSIDERED NON BUILDABLE? I MEAN, I DIDN'T SEE ANYTHING IN THE DEFINITION THAT DESCRIBES WHAT, WHAT THAT MEANS.
AND IT JUST SEEMS LIKE I COULDN'T BELIEVE HOW SMALL THESE LOTS WERE AND YET NO, I WAS GONNA FOLLOW, I WANTED TO FOLLOW UP ON THAT TOO.
SO, SO FROM AN RM FOUR PERSPECTIVE, IS THERE A SINGLE RM FOUR SIZE LOT IN THIS COMMUNITY? NOPE.
AND SO HOW CAN YOU HAVE AN RM FOUR PUD AND NOT A SINGLE LOT BE AN RM FOUR? BECAUSE MY UNDERSTANDING FROM A PUD IS IT ALLOWS FOR SOME SMALLER LOTS, BUT IT'S, BUT THE PRI PRIMARY DEFINITION IS THAT IT FITS WHATEVER IT IS THAT IT'S ZONED FOR, AND THEN IT ALLOWS FOR SOME SMALLER LOTS, NOT A HUNDRED.
YOU KNOW, I'VE NEVER, I'VE NEVER SEEN A HUNDRED PERCENT, AND SO I'M FREAKING OUT A LITTLE BIT ON THAT, YOU KNOW, AND SO, BUT IT, BUT IT LOOKS LIKE THERE'S ALREADY BEEN ZONED AND SET UP.
YEAH, AS DONALD SAID, THE CODE FOR PUD DOES NOT HAVE A MINIMUM.
A LOT MINIMUM THE, THE DIFFERENT BASE ZONE THAT RM FOUR KIND OF SETS THE DENSITY.
SO IF YOU HAD LIKE A SINGLE FAMILY, OR I'M SORRY, LIKE AN R FOUR OR AN R FIVE, IT WOULD BE LESS, IT WOULD ALLOW LESS DENSITY IN THE OVERALL THIS IS, AND, AND, AND WE, AND THERE'S OTHER WAYS THEY CAN GET THESE SORT OF CREDITS.
LIKE IF YOU USE A REVOCABLE INGRESS, RE EASEMENTS AS PART OF YOUR LOTS TO GET ACCESS, YOU CAN HAVE A LOT THAT'S TECHNICALLY SMALLER THAN THE ZONING.
THERE'S DIFFERENT MECHANISM TO IT.
BUT THIS, THIS ONE, I WAS JUST MORE CONCERNED ABOUT THE DETENTION.
I MEAN, IF YOU HAVE A PHYSICALLY IMPROVED DETENTION POND, I JUST ASSUME THAT WOULD BE NON BUILDABLE.
AND I, AND YOUR LAST COMMENT FREAKED ME OUT A LITTLE BIT WITH REGARDS TO, YOU KNOW, WANTING TO SET A STANDARD HERE, YOU KNOW, AND IF, IF I LOOK AT IT FROM THIS, THIS SINGLE DEVELOPMENT MAYBE, BUT ALL OF A SUDDEN THIS WORD STANDARD IS LIKE, OKAY, WE'RE GONNA LET THIS HAPPEN ON EVERY SINGLE DEVELOPMENT AROUND THIS COMMUNITY AND, AND NO, SO AND SO, SO I, I I DID THAT, THAT HURT MY EARS.
UM, SO, AND, AND YES, STAFF IS CORRECT, UM, AND IT, AND IT'S VERY, VERY CLEAR IN THE CODE, UM, THAT PUDS HAVE NO MINIMUM LOT SIZE REQUIREMENTS.
UM, AND, AND THAT THE, THE DESIGNATION IS REALLY TO FUNCTION AS TO, UM, IF IT IS A SINGLE FAMILY PUD, SO AN R FOUR PUD, YOU DON'T HAVE TO HAVE THE 4,000 SQUARE FOOT LOTS, BUT YOU CAN ONLY DO SINGLE FAMILY.
FOR EXAMPLE, IF AN MF 18 POD, UM, THAT IS WHERE THE MULTIFAMILY AND THE DENSITY RANGES COME IN.
UM, BUT THIS IS
UM, YOU KNOW, OBVIOUSLY THIS IS A VARIANCE REQUEST SPECIFIC TO THIS PROPERTY AND THIS PROJECT CITY STAFF IS NOT QUITE FRANKLY, AND I, MERKO KELLY CAN REITERATE THIS BECAUSE THIS, AND THE CASE THAT WAS HEARD AND APPROVED TWO WEEKS AGO FOR A VERY SIMILAR, UM, MUCH MORE, MUCH LARGER GARAGE SETBACK REQUEST.
UM, THOSE WERE APPLICATIONS WHERE A TON OF PERMITS IN THAT CASE, THREE OUT OF THE 18 LOTS, THIS IS 17 OUT OF THE 70.
SO OUR PROJECT, THIS IS 24% UNDERWAY, HAD ALREADY GONE THROUGH THE PROCESS.
WE HAVE ALREADY A COMPLETED LOT BEFORE THE ISSUE WAS DISCOVERED.
ANYBODY COMING IN NOW WOULD HAVE TO APPLY, UH, VERY SPECIFICALLY LOT BY LOT.
SO IN, IN, IF WE WERE JUST COMING IN BRAND NEW DEVELOPMENT, NEEDING A GARAGE SETBACK FOR THE ENTIRE 70 LOT SUBDIVISION, YOU ALL AT THIS POINT IN TIME FROM WHAT WE'VE BEEN TOLD, WOULD BE ASKED TO CONSIDER 70 INDIVIDUAL REQUESTS FOR THE SUBDIVISION.
AND YOU WOULD HAVE THAT FUNCTIONALITY.
UM, BECAUSE THIS, LIKE THE ONE, TWO WEEKS AGO, UM, IS SO FAR UNDERWAY.
UM, THAT'S WHY WE ARE BEING ALLOWED GRACIOUSLY BY CITY STAFF TO PROCESS IT COMPLETELY FOR THE SUBDIVISION.
UM, BUT EVERY LOT HERE IS, IS SO, AND THAT'S WHY WE REQUESTED ONLY 16 FEET, UM, TO CREATE THE, THE MINIMUM, QUITE FRANKLY, THE MINIMUM STANDARD, AND I DON'T MEAN TO USE THAT WORD NERVOUSLY, UM, BUT A, A MINIMUM SETBACK FOR THIS PROJECT, KNOWING THAT THERE ARE GOING TO BE MANY THAT ARE MAYBE EVEN EXCEEDING THE 20 FOOT GARAGE SETBACK.
UM, DOES THAT HELP UNDERSTAND? WELL, I MEAN I I I WAS JUST CURIOUS.
YEAH, I I, I DON'T LIKE TO SEE LESS THAN 18.
I, I JUST, I PERSONALLY DON'T.
BUT, UM, SO IF YOU COULD CATEGORIZE AND PUT A, A NUMBER, YOU KNOW, I'D, I'D SURE LIKE TO KNOW.
AND SO, AND YOU KNOW, GOING DOWN ONE OF THE PATHS THAT YOU WENT DOWN, YOU KNOW, WE TALKED ABOUT BUILDING, YOU KNOW, THERE'S THREE MODELS OR WHATEVER, HOWEVER, MODELS THERE ARE, AND ONE OF THEM IS BACK AND, YOU KNOW, AND, AND SOME OF THEM REQUIRE MORE FRONT, FRONT OR LESS.
UM, SO CAN SOMETHING BE APPLIED TO THE MODELS THEMSELVES AS THEY BUILD THEM TO SAY THAT THESE MODELS WILL BE BACK FURTHER AND THESE MODELS
[01:10:01]
WON'T? AND SO CERTAIN WAY WE CAN POSE THIS YEAH, APPLY IT AS MOTION TO SAY, HEY, THEY WE'RE GONNA DO 18 EXCEPT FOR A THIRD OF 'EM THAT WE'RE GONNA DO 16.IS THERE SOMETHING WE CAN DO LIKE THAT? UM, BECAUSE WE IDENTIFIED ALL THE LOTS, IF THE BOARD WOULD LIKE TO IDENTIFY EITHER A PERCENTAGE OR A NUMBER OF LOTS, YOU CAN DO THAT.
I DON'T THINK WE CAN DO IT LIKE BY MODEL.
BUT IF YOU HAVE THE NUMBER, CAN YOU GIVE US SOMETHING HERE? IVANEZ HAS A QUESTION.
UM, SO THE MODELS THAT YOU SHOWED US ARE THE THREE DESIGNS THAT ARE BE IN, IN THE GATED COMMUNITY.
ARE THEY ALL TWO CAR GARAGES? YES, MA'AM.
AND SO IN A, IN, IN THE 16 FOOT REQUESTS, UH, IF ONE OF THOSE DESIGNS, OR ALL OF THE DESIGNS WERE TO HAVE THE 16 FOOT, UH, VARIANCE, UH, HOW MANY CARS CAN FIT IN THAT DRIVEWAY OFF THE ROAD? JUST IN THE DRIVEWAY? NOT IN THE GARAGE.
AND THEY WOULD NOT BE STICKING OUT TO CAUSE PEDESTRIAN NOT TO HAVE TO WALK IN THE STREET.
EVERY REASON, YOU KNOW, CARS VARY IN LENGTH AND SIZES.
SO, UM, YOU KNOW, WHERE YOU COULD GET 17 SMART CARS VERSUS TWO FORD F TWO FIFTIES, UM, YOU KNOW, VERY, BUT YOU SHOULD BE ABLE TO COMFORTABLY WITHIN THE SIDEWALK FROM THE GARAGE.
UM, AND, AND WE'VE BEEN WORKING ON THAT TO MAKE SURE THAT WE DON'T HAVE CARS BLEEDING INTO THE GARAGE.
UM, EXCUSE ME, BLEEDING INTO PAST THE SIDEWALK.
UM, I, I THINK, UM, IF SO, TWO CARS WOULD FIT YEAH.
ON THOSE 16 FOOT DEEP DRIVEWAYS.
AND I THINK DEPENDING ON THE WHAT TYPE OF CARS.
SO I HAVE A, A QUESTION FOR CHAIR.
CHAIR IS YOUR CONCERN OF THE CARS ON THE STREET BECAUSE IT'S ONLY 28 FEET WIDE? I'M, I'M CONCERNED ABOUT CARS BLOCKING THE SIDEWALK.
I MEAN, NOT EVERYBODY DRIVES A TOYOTA COROLLA OR SOMETHING.
I MEAN, YOU'RE GONNA HAVE AN F-150 AND THEN YOU'RE, YOU'RE GONNA BE BLOCKING THE SIDEWALKS.
AND SO 18 FEET PUTS ME IN A BETTER PLACE WITH THAT.
AND, AND I WOULD LIKE TO, YOU KNOW, IF, IF WE DO 16 FEET FOR HALF OF THE LOTS, I'D FEEL SOMETHING.
I, I JUST, I JUST, I CAN'T GET PAST ALL 70.
STEVENS IS, IS IT THE YELLOW LOTS THAT YOU'VE IDENTIFIED? ARE THOSE THE LOTS THAT YOU NEED THE VARIANCE FOR? NO.
SO QUITE FRANKLY, I DON'T THINK YELLOW, BLUE OR GREEN IN THIS EXHIBIT MATTER, UM, I DON'T KNOW WHY THEY'RE, THEY'RE COLORED DIFFERENTLY.
UM, I THINK THAT MEANS SOMETHING ELSE INTERNALLY.
BUT THOSE, ANY ONE OF THE COLOR, THE NON GRAY LOTS ARE THOSE OF THE 17 THAT ARE UNDERWAY.
UM, I DO BELIEVE LOT SIX, UM, THAT IS IN A NAVY BLACKISH COLOR IS THE ONLY FULLY COMPLETE LOT.
UM, EITHER LOT SIX OR LOT THREE.
UM, BUT ONLY ONE OF THOSE IS FULLY COMPLETE.
UM, THE REST, THOSE ARE ALL UNDERWAY.
UM, AND SO, SO IS IT THAT THOSE 16 OF THOSE, YOU KNOW, ARE, ARE NOT GOING TO MEET? IS IT, IS IT THAT YOU, YOU DON'T KNOW WHICH LOTS NEED THIS VARIANCE BECAUSE YOU DON'T KNOW WHICH HOUSE IS GOING ON WHICH LOT BECAUSE OKAY.
UM, I MEAN, WE CAN, IF, IF THE COMMISSION WOULD LIKE TO TABLE THIS ONE, UM, I CAN ASK SOME QUESTIONS AND SEE IF WE COULD FIND, UM, YOU KNOW, A CERTAIN SECTION OF LOTS.
UM, I, I THINK IT'S, I THINK IT'S THE OWNER OR THE DEVELOPER SHOULD DO THEIR DUE DILIGENCE AND TELL US WHICH LOTS THEY SPECIFICALLY NEED THESE VARIANCES ON.
BECAUSE I MEAN, TO COMMISSIONER'S POINT, A 16 FOOT DEEP SPACE IS A COMPACT SPOT, AND THAT'S YOUR BUMPER IS UP AGAINST YOUR, YOUR GARAGE DOOR.
SO IT'S HARD FOR US TO EVALUATE THIS WHOLE DEVELOPMENT WHEN THE DEVELOPER ISN'T EVEN SURE WHERE THEY NEED THIS VARIANCE ON A LOT PER LOT BASIS.
AND THAT'S, THAT'S JUST MY PERSPECTIVE ON THINGS.
I MEAN, I'D BE WILLING TO VOTE TODAY ON 50% AT 16, BUT THAT'S IT.
AND MANNA, SO ANOTHER QUESTION.
SO WITH REGARDS TO PUDS, UM, SINCE WE'RE VERY FORGIVING HERE, UM, WHAT IS THE SETBACK ALL THE WAY AROUND? UM, FOR A PUD HOME, THE PERIMETER SETBACK FOR ANY DEVELOPMENT IS TYPICALLY 20 FEET.
IT CAN BE REDUCED TO 10 FEET BY CITY COUNCIL.
SO I'M NOT CERTAIN IF THAT'S, WHAT IS THIS A 20 FOOT PERIMETER SETBACK? SO, BECAUSE I GUESS THE QUESTION I WOULD ASK IS COULD THE, COULD THE HOMES BE PUSHED BACK FURTHER FROM THE STREET, YOU KNOW, MINIMIZING THE BACKYARD SPACE, YOU KNOW, AND, AND ALLOWING THE FRONT SIDE.
AND SO, YOU KNOW, I KINDA WENT DOWN THAT PATH.
ANY OF THE LOTS THAT HAVE THOSE RETAINING WALLS, THEY HAVE THAT TIEBACK REQUIREMENT BEHIND THE WALL.
SO THE, ANYTHING ON THE NORTH SIDE THE ANSWER, LIKE NO.
[01:15:01]
SO WHAT DO, SO WHAT DO WE HEARING TABLE THIS? SO WE GET SOME MORE SPECIFICS.THE WAY I UNDERSTAND IT IS A FOUR, FOUR FOOT SIDEWALK, AND THEN THEY TALKED ABOUT THE PROPERTY LINE DOESN'T START TILL ANOTHER TWO FEET.
NO, THE, SO THE, SO THE SIDEWALK IS, IS WITHIN THE PROPERTY LINE.
SO THERE'S TWO FEET BEHIND THE SIDEWALK TO THE PROPERTY LINE, BUT THE 20 FOOT MEASUREMENT SAYS THAT YOU CAN GO TO THE PROPERTY LINE OR THE BACK OF THE SIDEWALK, WHICHEVER IS TO YOUR BENEFIT.
AND SO IF THEY'RE, THEY'RE SAYING THAT THEY CAN GET 16 FEET FROM THE BACK OF THE SIDEWALK AND THEN YOU GO TWO FEET, AND THEN IT'S 14 FEET TO THE FACE OF THE GARAGE.
I'M JUST TRYING TO UNDERSTAND THE CONSTRAINT.
SO I, I HAVE A QUESTION WHICH MIGHT HAVE ALREADY BEEN ANSWERED, BUT IS THE ISSUE THAT, UM, THE DIFFERENT, HOW THE DIFFERENT MODELS ARE DIFFERENT DEPTHS SO THAT THE DEVELOPER MAY NOT KNOW WHICH MODEL IS GONNA GO AND WHICH OF THESE LOTS.
THERE'S ALSO JUST SO MUCH VARIABILITY PER LOT PHYSICALLY ON THE GROUND, REGARDLESS OF THE HOUSE ITSELF.
UM, SO, UM, IF IT WAS, QUITE FRANKLY, I THINK IF IT WAS AS SIMPLE AS SWAPPING, UH, HOME SITES PER LOT, UM, I I THINK WE WOULD'VE FIGURED THAT OUT BY NOW.
UM, BUT THE LOTS THEMSELVES, THE PHYSICAL LAND THEMSELVES IS SO, UH, THERE'S SO MUCH VARIATION ACROSS THOSE PRODUCTS.
SO I WOULD SUGGEST TAKING THE DEEPEST HOUSE AND LAYING THAT OUT ACROSS ALL OF THESE LOTS.
AND THEN YOU HAVE YOUR BASELINE OF LIKE, THE MINIMUM THAT YOU NEED, THAT VARIANCE FOUR, RIGHT? THAT WOULD BE THE 16.
WE'RE NOT, YEAH, WE, AND, AND I HAVE LOOKED AT THIS, UM, AND TO TALK WITH THE TEAM, I MEAN, NO, I, I MEAN THE MINIMUM LOTS, LIKE YOU CAN IDENTIFY WHICH LOTS ACTUALLY NEED THIS VARIANCE SO THAT WE'RE NOT JUST APPROVING LIKE, LIKE LOT 19, LOT 35, LOT THREE LOOK LIKE THEY'RE A LITTLE LONGER.
I WILL SAY SOME OF THOSE YELLOW ONES THAT HAVE BEEN REVIEWED AND APPROVED, YOU CAN SEE AT THE CORONERS, YOU KNOW, THE HOUSES ARE SOMEWHAT SET BACK JUST BECAUSE, UM, SO THEY ARE ACTUALLY COMPLIANT.
UM, BUT TO EMILY'S POINT, UM, IF THEY WERE GRANTED, THEY WERE JUST TRYING TO MAKE IT AS EASY FOR THE DEVELOPER.
UM, SO WHAT WE'RE HEARING IS, IS WE CAN DO A CONTINUANCE OR IF YOU WANNA GET SOME INFORMATION, WE CAN TABLE IT JUST LIKE THE OTHER ONE.
IF YOU WANT TO TRY TO KNOCK THIS OUT TODAY.
WHAT WOULD YOU LIKE TO DO? UM, I'LL TAKE IT TABLING AND LEMME SEE IF I CAN FIND SOME MORE IN, UH, YEAH, MR, THE OTHER THING I WAS ASKING CONSIDERING IS THAT THERE'S UNITS THAT ARE UNDER CONSTRUCTION NOW THAT WOULD BE NEEDING THE VARIANCE, RIGHT? IS THERE A WAY WE CAN THAT'S CORRECT.
THAT'S WHY WE CAN TAKE CARE OF ALL THAT LATER.
ALL RIGHT, LET'S, LET'S MAKE IT HAPPEN.
UH, THE, THE ITEM THAT WE TABLED EARLIER, DO YOU HAVE THAT INFORMATION? HANG ABOUT FIVE MORE MINUTES.
UH, MY NAME IS JOSEPH VALLEJOS, SENIOR PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER FIVE IS BO OA DASH 26 DASH 1 0 3 0 0 1 8 0 AT 1 5 903 PURPLE SAGE DRIVE.
IT'S WITHIN COUNCIL DISTRICT A AND THE APPLICANT IS SMOKED TO LIVE LLC AND THEY ARE REQUESTING FOR AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THEIR SHORT-TERM RENTAL PERMIT.
UH, AND IT ZONED R SIX FOR RESIDENTIAL SINGLE FAMILY.
UM, THE SUCH PROPERTY WA INITIALLY INITIALLY APPLIED FOR THE SCR PERMIT ON MARCH 31ST, 2022 AFTER REVIEW OF THE APPLICATION, THE PERMIT WAS APPROVED BY STAFF AND ISSUED A COUPLE MONTHS LATER ON JULY 27TH, AND WAS RECENTLY RENEWED LAST YEAR IN AUGUST, UH, BEFORE IT WAS REVOKED.
THIS PERMIT DID NOT EXPIRE UNTIL JULY 27TH, 2028.
UH, CHAPTER SIX, UH, CHAPTER 16, SECTION 1 1 1 1 STATES THAT THE DIRECTORS AUTHORIZED TO SUSPEND OR REVOKE A SHORT-TERM RENTAL PERMIT ISSUED UNDER THE PROVISIONS OF THIS ARTICLE, WHEREVER THE PERMIT IS ISSUED AN ERROR OR ON THE BASIS OF INCORRECT INFORMATION SUPPLIED, OR WHERE IT IS DETERMINED THAT THE BUILDING STRUCTURED UNIT OR PORTION THEREOF IS IN VIOLATION OF ANY ORDINANCE OR REGULATION OF ANY OF THE PROVISIONS OF THIS ART, OF THIS ARTICLE.
UM, AS FOR THE HOT STATUS, THEY ARE CURRENT AS OF THIS MONTH.
UH, SO THIS IS THE TIMELINE OF THE DETAILS THAT LED UP TO THE PERMIT REVOCATION, UM, DATING BACK TO MAY 29TH, 2026.
[01:20:01]
A NOTICE OF VIOLATION WAS ISSUED BY CODE ENFORCEMENT.UH, THEY HAD DETERMINED THAT THEY HAD COMPLETED WORK WITHOUT PERMITS FOR THE SECOND FLOOR DECK, UH, THE SPA, SWIMMING POOL, AND SHADE STRUCTURE.
UM, A MONTH LATER ON JULY 9TH, A CITATION WAS ISSUED AND A NOTICE OF A SHORT-TERM RENTAL SUSPENSION WAS ALSO ISSUED.
UH, THIS WAS TO, UH, THIS WAS TO PROTECT THE PUBLIC HEALTH AND SAFETY OF THE, OF THE OCCUPANTS.
UH, THE OWNER WAS NOTIFIED WITHIN THAT LETTER THAT CONTINUED USE AS A SHORT-TERM RENTAL WOULD RESULT IN REVOCATION.
ONCE THE, UH, PERMITS WERE PULLED AND INSPECTIONS PASSED, THE SUSPENSION WOULD'VE BEEN LIFTED.
ON AUGUST 17TH, CODE ENFORCEMENT WAS DISPATCHED TO THE PROPERTY AND CONFIRMED THAT THE PROPERTY WAS STILL OPERATING AS A SHORT TERM RENTAL.
AND AT THAT POINT, THREE DAYS LATER, THE PERMIT WAS REVOKED.
UM, AND THEN THE NEXT COUPLE OF MONTHS, UM, AFTER THE, THE APPLICANT DID APPLY FOR, FOR VOTING PERMITS, UH, THERE WERE A TOTAL OF THREE THAT WERE NEEDED.
UM, TWO OF THE THREE WERE COMPLETED.
ONE IS STILL PENDING THE FINAL INSPECTION.
UM, THIS IS THE TYPE TWO DENSITY COUNT.
UH, THE ONLY ONE UNIT ON THIS BLOCK PHASE, IT'S THE SUBJECT PROPERTY.
UH, THIS IS JUST MORE BACKGROUND HISTORY.
UM, THERE'S A COUPLE OF INVESTIGATIONS THAT WERE OPEN, UM, AS WELL AS THE PERMIT HISTORY.
UH, THIS IS ONE OF THE ACTIVE LISTINGS THAT WE DID FIND.
UM, IT WAS LISTED FOR A SEVEN NIGHT MINIMUM, UM, WHICH IS IN, IN VIOLATION.
UH, THIS IS THE SITE PLAN, UH, SUBJECT PROPERTY, AND THEN THE SURROUNDING AREAS.
UH, STAFF RECOMMENDATION FOR THE APPEAL, UH, STAFF RECOMMENDS A DENIAL OF THIS CASE BASED ON ONE, THE BUILDING OFFICIAL DID PROVIDE A CURE WITH CONDITIONS, AND THOSE CONDITIONS WERE VIOLATED.
AND TWO, THE OWNER AND OPERATOR OF THE PERMIT VIOLATED THE STR ORDINANCE BY FAILING TO ABIDE BY THE SUSPENSION NOTICE, WHICH DID INSTRUCT THEM TO IMMEDIATELY SEIZE ALL STR ACTIVITY.
AND THIS IS THE NOTIFICATION PLAN.
WE SENT OUT 23 NOTICES, UH, RECEIVE ZERO IN FAVOR, FIVE IN OPPOSITION.
UH, THERE WAS ONE ALSO IN OPPOSITION THAT WAS OUTSIDE THE 200 FOOT RADIUS HILLS AND DALES NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION.
AND THEN THE CITYWIDE GROUPS WERE ALSO NOTIFIED.
UM, AND THEN WE ALSO DID RECEIVED TWO VOICEMAILS IN OPPOSITION.
AND THIS CONCLUDES STAFF PRESENTATION.
UH, WE ALSO HAVE SOME STAFF MEMBERS FROM OUR PLAN REVIEW TEAM AND CUSTOMER CONSULTATIONS.
SO, SO MY QUESTION, DO YOU, I THOUGHT, I THOUGHT YOU SAID THAT IF THEY HAVE A SEVEN NIGHT MINIMUM THAT'S IN VIOLATION OF SOMETHING, UH, CORRECT.
SO SINCE THEIR PERMIT IS CURRENTLY REVOKED, THEY CANNOT, UH, LIST ANYTHING LESS THAN 30 DAYS.
I THOUGHT IT WAS SOMETHING ELSE.
SECOND ITEM IS, IS, UM, ANY OF THE PERMITS THEY NEEDED, DID IT FORCE THE HOME TO BE CONSIDERED AN INHABITABLE STRUCTURE? 'CAUSE I THOUGHT THAT YOU COULD GET PERMITS THAT WERE LIKE TRADE PERMITS OR IMPROVEMENT PERMITS, AS LONG AS THE HOUSE WAS STILL CONSIDERED ABI HABITABLE.
IS THERE ANY OF THE PERMITS THAT, THAT MADE THE HOUSE BE CONSIDERED UNHA HABITABLE? UM, I BELIEVE MAYBE SOMEONE FROM OUR, UM, STAFF CAN ASSIST WITH THOSE PARTICULAR QUESTIONS.
WE WOULD LIKE TO TAKE THAT ONE.
I'M THE INTERIM SUPERVISOR OVER OUR CONSULTATIONS TEAM.
MY TEAM WAS INITIALLY CONSULTED ONCE THE VIOLATIONS WERE GIVEN TO THE PROPERTY.
THEY VISITED WITH US IN ORDER TO OBTAIN THEIR PERMITS WHILE THE MAIN STRUCTURE WAS ABLE TO BE INHABITED.
THE CONCERN WAS OVER THE CONSTRUCTION ON THE, UH, OCCUPIED ROOF OF THE CARPORT.
THEY HAD CONSTRUCTED A SWIMMING POOL ON TOP OF THAT ROOF.
ON THE SECOND STORE? ON THE, YES, SIR.
UM, THAT WOULD'VE BEEN A SIGNIFICANT CONCERN FOR ANYONE TRYING TO OCCUPY THAT ROOF WHILE PERMITS HAD NOT BEEN ISSUED AND PLAN TO BE NOT CONDUCTED.
DON'T THEY ALREADY HAVE A POOL IN THE BACKYARD? I CANNOT SPEAK TO THE BACKYARD POOL.
UM, BUT THIS WOULD BE A POOL ON TOP OF THAT CARDBOARD.
ANY OTHER QUESTIONS BEFORE WE HEAR FROM THE APPLICANT? LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SDR.
I'M THEIR CONSTRUCTION MANAGER.
I DON'T THINK YOU HAVE TO HOLD THAT ONE DOWN.
UH, THE SITUATION WITH THIS, THERE'S NO POOL IN THE BACKYARD.
FIRST OF ALL, THERE'S ONLY THE POOL IN THE DECK.
[01:25:01]
AND DESIGNED BY AN ENGINEER BEFORE THE WORK WAS DONE.WE HAD A CONTRACTOR WHO, ACCORDING TO THE INFORMATION WE WERE GIVEN, HAD PULLED THE PERMIT AT THE TIME.
THE, THE, THE WAS APPLICATION SUBMITTED BUT NEVER PROCESSED.
UH, WE, SINCE THAT HAPPENED, UH, WE WENT AHEAD AND GOT EVERY, EVERYTHING REQUIRED.
WE GOT ELECTRICAL INSPECTIONS.
STRUCTURAL ENGINEER WENT OUT THERE TO CHECK THE CANOPY ROOF.
WE, WE GOT, GOT LETTERS OF COMPLETION FOR ALL THE WORK THAT WAS UNDER QUESTION.
AND, UH, WE GOT SWIMMING POOL PERMIT AS WELL.
UH, THAT THERE WAS NO, UH, WHEN THE NOTICE IT WAS ISSUED TO US TO STOP SHORT TERM RENTALS, IT WAS IMMEDIATELY TAKEN OFF THE OFF SITES.
THERE WAS ONE PREVIOUS BOOKING THAT HAD BEEN BOOKED FOUR DAYS BEFORE THAT THE, THE NOTICE WAS ISSUED AND THAT, THAT WAS HONORED BY US.
AND THAT'S WHEN THE INSPECTOR WENT AND THEY, THEY FELT THAT WE WERE VIOLATING THE, THE ORDER TO STOP SHORT-TERM RENTALS.
WE WERE IN GOOD FAITH, UH, REMOVED EVERYTHING FROM, FROM THE SITES.
SO YOU'RE, YOU'RE SAYING THAT YOU, YOU WEREN'T OFFERING IT WHILE YOU WERE WORKING ON THE PERMITS? ABSOLUTELY NOT.
AND IF THAT WERE THE CASE STAFFED, THEN THAT WOULD MEAN THAT THEY, I REVOKED IT WAS IRRE REVOKED, UH, INCORRECTLY BECAUSE THE SOLE, THE SOLE BASIS WAS EFFECT.
THEY WERE DOING WORK, UM, WITHOUT A PERMIT.
SO THERE, THE REASON, AGAIN, HOW STAFF MENTIONED AFTER THE NOTICE OF SUSPENSION WAS ISSUED, THEY HAD SOMEONE STAYING AT THE PROPERTY AS A SHORT TERM RENTAL GUEST, DESPITE THEM NOT PULLING THE PERMITS YET AT THE PROPERTY.
AND WE'RE TALKING JUST A FEW DAYS OR WHAT ARE WE TALKING ABOUT? ARE YOU ASKING ME? INSPECT COMMISSIONER? SORRY, MY APOLOGIES.
THE PERSON WAS STAYING THERE FOR FOUR DAYS AND THEY HAD BOOKED AHEAD, UH, UH, APPROXIMATELY A MONTH BEFORE.
UH, COMMISSIONER QUESTIONS? WE DID NOT HAVE ANY FURTHER, UH, STAY AFTER THAT UNTIL EVERYTHING WAS CLOSED AND WE, WE'VE ONLY HAD, UH, ONE, UH, 46 DAYS STAY SINCE THEN.
FOR CLARIFICATION, THE NOTICE SUSPENSION WAS ISSUED ON JULY 10TH, 2026.
AND ON AUGUST 17TH, 2026, THAT'S WHEN COKE CONFIRM A SHORT TERM RENTAL TEST, AH, WAS STAYING AT THE PROPERTY.
I WAS THINKING IT WAS MORE INSTANTANEOUS IN THAT.
ANY QUESTIONS FROM THE COMMISSION? SAMANTHA? COMMISSIONER MANNA? SO, UM, I MAY HAVE MISSED IT.
UM, WHEN DID THE CONSTRUCTION BEGIN ON THE, THE DECKING ITSELF OR THE POOL? I GUESS THE DECKING POOL.
THE CONSTRUCTION WAS DONE APPROXIMATELY FIVE YEARS AGO, COMMISSIONER.
SO THERE WAS NO CONSTRUCTION GOING ON FOR THE POOL, FOR THE, FOR THE ADD-ON AND ALL THAT RECENTLY, OR A MISSING THAT, THAT IS CORRECT.
COMMISSIONER, THERE WAS NOTHING GOING ON CURRENTLY.
SO YOU BUILT THE ENTIRE DECK AND POOL WITH NO PERMIT? WE HIRED A CONTRACTOR AND I OVERSAW THE WORK, MAKE SURE THE WORK MADE QUALITY AND MADE SURE THAT, THAT WE HAVE ENGINEERED PLANS FOR THE WORK.
THAT WAS THE, THE SCOPE OF MY PROCESS.
SO THE CONTRACTOR DID NOT APPLY FOR A PERMIT? HE APPLIED FOR A PERMIT COMMISSIONER, BUT HE NEVER PROCESSED THE PERMIT.
SO THEN THE, SO, SO THE WORK WAS DONE QUITE SOME TIME AGO, BUT SOME, FOR SOME REASON IT WAS FLAGGED AS, I GUESS NOT PERMITTED.
UM, BUT THERE WAS NO WORK BEING DONE DURING THIS ENTIRE TIME.
SO IT WAS SOMETHING THAT HAD ALREADY BEEN, BEEN IN PLACE FOR QUITE SOME TIME.
COMMISSIONER AND THE BOOKING THAT WAS IN QUESTION HAP WAS, UH, UH, JULY 6TH BEFORE, FOUR DAYS BEFORE THE DE CANCELLATION THE NOTICE, AND IT WAS ON JULY 17TH.
FOR CLARIFICATION, UH, PERMITS WERE PULLED BACK OR APPLIED FOR IN 2022.
THEY BECAME INACTIVE, BUT, UH, THEY, THE PROPERTY OWNER WAS NOTIFIED THAT THEY WERE OPERATING WITHOUT BUILDING THE, UH, PURPLE WITHOUT PERMITS FOR THOSE STRUCTURES IN 2022.
SO THEY, SO THE, SOMEBODY APPLIED FOR A PERMIT, THEY DIDN'T SEE IT THROUGH NO INSPECTIONS.
IT, IT WAS JUST AN APPLICATION TO GENERATE AN ID NUMBER BECAUSE THIS IS AN EXTENSIVE, I MEAN, POOL ON A DECK LIKE THAT, THAT THAT NEEDS INSPECTIONS AND STUFF ON THE SHEETS.
AND THEN THEY WERE NOTIFIED WHEN THOSE, UM, APPLICATIONS EXPIRED.
SO THEY WERE NOTIFIED THAT NONE PERMITS ARE EVER PROCESSED OR ISSUED AT THAT TIME IN 2022.
BECAUSE WHAT'S GONNA HAPPEN HERE IS IS THAT IF THEY'RE, IF THEIR HOT TAXES PAID UP AND THEIR PERMITS ARE ALL SET, THE WORST THAT'S GONNA HAPPEN IS THEY'RE GONNA COME BACK 11 MONTHS FROM NOW AND APPLY FOR AN STR AND THAT'S, THAT'S IT.
THE SUSPENSION IS FOR 12 MONTHS, SO AT THAT TIME THEY COULD REAPPLY FOR A NEW PERMIT.
SO THEY SHOULD HAVE TAKEN THEIR PUNISHMENT FIVE YEARS AGO, BUT LOOKS LIKE THEY MIGHT BE TAKING IT TODAY.
ANY OTHER QUESTIONS? ANYONE? SENATOR, TO SPEAK?
[01:30:03]
FIRST WE HAVE MR. HOWARD HINMAN.WE'RE GONNA HEAR FROM SOME OF THE RESIDENTS, AND THEN MR. HINMAN WILL BE FOLLOWED BY MR. FREEBERG.
STATE YOUR NAME, TELL US YOUR THOUGHTS.
HOWARD HINMAN AND I LIVE NEXT DOOR TO THIS PROPERTY AT 7 5 3 1 HUMMINGBIRD HILL LANE.
UM, AND THE TWO OTHER PEOPLE THAT ARE HERE WITH ME, WERE GOING TO GIVE ME THEIR TIME, BY THE WAY.
AND WHO ARE THEIR NAMES? OKAY, SO, SO MR. AND MRS. FREEBERG, Y'ALL ARE GIVING YOUR TIME.
AND, UH, I'M ALREADY HEARING A BIT OF MISINFORMATION.
WE'VE HAD, UH, I'M A MEMBER OF THE HILLS AND DES NEIGHBORHOOD ASSOCIATION, A BOARD MEMBER, AND WE DID SEND IN A, AS NOTED IN OPPOSITION TO THIS, UH, FOR THE WHOLE NEIGHBORHOOD, BASICALLY.
UH, THESE FOLKS HAVE MULTIPLE SHORT TERM RENTAL PROPERTIES IN OUR NEIGHBORHOOD, AND WE'VE HAD NUMEROUS COMPLAINTS ABOUT SEVERAL OF THEM.
UH, I'M HERE BECAUSE I LIVE NEXT DOOR TO THIS ONE.
AND, UM, THE FIRST THING IS I DON'T BELIEVE THE DECK AND POOL HAD BEEN THERE FOR FIVE YEARS.
UH, I THINK IT'S BEEN CLOSER TO THREE YEARS THAT THAT WAS BUILT.
I DON'T BELIEVE THERE'S A POOL IN THE BACKYARD.
UM, THE, UH, AS WE UNDERSTAND THEY WERE CITED NOT ONLY FOR THE POOL AND THE DECK, BUT ALSO A STAIRCASE THAT WAS CONSIDERED DANGEROUS.
THE POOL DOES NOT HAVE ANY, IF YOU LOOK AT THE PICTURE THAT WAS PUT UP HERE EARLIER OF THE LISTING, MR. HINMAN, I APOLOGIZE TO INTERRUPT.
CAN YOU SPEAK MORE INTO THE MICROPHONE? THEY'RE HAVING TROUBLE HEARING YOU.
IS THAT GOOD? THE MIC'S NOT ON.
IS THAT BETTER? OH, YEAH, THAT'S GREAT.
I CAN HEAR YOU GREAT BECAUSE I'M NOT INTERVIEW SO
UM, SO THE, UM, UH, THEY WERE ALSO, WE WERE TOLD EXCITED FOR, UM, A DANGEROUS STAIRCASE, BUT THE POOL ITSELF DOESN'T HAVE A FENCE AROUND IT.
UH, AND THAT'S ANOTHER CODE VIOLATION.
WE HEAR CHILDREN THERE ALL THE TIME.
UM, I SENT, UH, MR. LEOS, WHO'S MR. LEOS? IS HE HERE? OH, YOU, MR. LEOS.
OH, SO I'VE BEEN LIGHTING YOU UP WITH, UH, EMAILS.
THIS IS SOMETHING I SENT, THIS IS SOMETHING I SENT JUST BEFORE THE HEARING THAT I JUST GOT.
BUT THIS SHOWS ANOTHER SHORT TERM RENTAL, UH, THAT WAS ON, UH, LOOKS LIKE JULY 19TH AND 20TH, UH, WHERE, UM, THEIR CARETAKER, DANIEL ACTUALLY APOLOGIZES TO MY WIFE AND SAYS, THE PEOPLE WILL BE GONE BY THE 20TH.
SO THAT'S YET ANOTHER, WE'VE, WE'VE HEARD PEOPLE THERE ALMOST EVERY WEEKEND.
AND OUR OTHER NEIGHBOR WHO CANNOT BE HERE TODAY, UH, JENNY NATHANSON, UH, THEY'RE ON THE OTHER SIDE.
THEY'VE BEEN TAKING PICTURES OF CARS AND OUTSTATE LICENSE PLATES AND THINGS THERE, UH, ON THE WEEKENDS.
UM, SO WE'RE QUITE CONVINCED THAT THEY'VE BEEN RENTING THIS THING OUT SHORT TERM TO DIFFERENT PEOPLE CONSTANTLY SINCE THE, UH, REVOCATION.
AND THAT'S ALSO BEEN OUR EXPERIENCE IN DEALING WITH THEM ON OTHER ISSUES SUCH AS A, UM, REQUEST, UH, FOR REZONING.
THEY TURNED ONE OF THE HOUSES INTO A RESTAURANT AND THEY HAD NUMEROUS VIOLATIONS FOR THAT AS WELL FROM THE CITY.
UM, SO THIS IS A PATTERN THAT WE'VE BEEN SEEING.
THEY'VE COME IN, THEY BOUGHT THESE HOUSES, THEY'RE PARTY HOUSES.
UM, AND AGAIN, WE'RE GONNA INVESTIGATE.
UH, WE'VE HAD SOME, UH, THERE'S ONE AT 1 5 6, 1 4 GRAY FOX TERRACE THAT, UH, SOME CITIZENS CAME TO US VERY RECENTLY AT ONE OF OUR PARTIES AND ASKED US AS THE NEIGHBORHOOD ASSOCIATION TO TRY TO GET SOME RELIEF ON.
SO THIS IS A PATTERN THAT WE'RE SEEING.
WE'RE ALSO SEEING A PATTERN OF, OF, YOU KNOW, QUITE FRANKLY, JUST MISINFORMATION FROM THEM.
UH, DURING THE REDISTRICTING HEARING, UH, THEY CLAIMED THEY HAD SHUT DOWN THEIR, UH, WEBSITE FOR ORDERING FOOD AT THEIR RESTAURANT.
AND ONE OF THE COMMISSIONERS ACTUALLY DURING THE HEARING WENT IN AND TRIED TO ORDER FOOD AND THE SITE WAS LIVE AND MADE THAT COMMENT TO THEM AS WELL.
SO, UM, I THINK THIS IS, UH, FROM, FROM MY PERSPECTIVE AT LEAST, UH, THIS IS A, UH, IT'S EASIER TO ASK FOR FORGIVENESS THAN PERMISSION FIRST, UH, IF WE GET CAUGHT.
AND THAT'S EXACTLY WHAT'S HAPPENED HERE.
AND, UM, I WANNA NOTE THAT I'M A DISABLED VETERAN.
MY WIFE IS A, UH, NURSE PRACTITIONER AT THE VA HOSPITAL.
UM, AND SO THIS HAS BEEN VERY DISRUPTIVE TO OUR SLEEP SCHEDULES.
UM, THE, UM, UH, INCIDENT, WHICH IS I THINK WELL DOCUMENTED, I THINK THERE'S 33 OR 35 POLICE INCIDENTS AGAINST THIS PROPERTY.
THERE WAS A HUGE PARTY THERE ON MAY 15TH, WE'RE SUDDENLY AT ABOUT NINE O'CLOCK.
THE ENTIRE NEIGHBORHOOD WAS INATED WITH APPROXIMATELY 75 CARS, 200 PEOPLE FIGHTS IN FRONT OF OUR HOME IN THE STREET, UH, WHICH, UH, THE FREEBIRDS ACTUALLY GOT
[01:35:01]
PICTURES OF, BY THE WAY.UM, THERE WERE, UH, ALCOHOL VIOLATIONS ISSUED BY THE POLICE FOR MINORS AT THE PROPERTY.
UM, AND, UH, IT WAS JUST CHAOS IN THE NEIGHBORHOOD.
THERE WERE APPROXIMATELY 200 PEOPLE THAT CAME TO THIS, MULTIPLE CALLS TO THE POLICE.
UH, THE POLICE CAME AFTER THE FIGHT WAS REPORTED, HAD TO BREAK THE WHOLE THING UP AND ISSUE THESE CITATIONS.
AND THIS IS KIND OF WHAT WE'VE BEEN PUTTING UP WITH FOR A COUPLE YEARS NOW.
UH, WE KNEW THE PREVIOUS OWNER WHO WAS A VERY NICE PERSON.
UH, WE, WE FOUND OUT THAT THEY SOLD THE PROPERTY AND IT HAD BECOME A SHORT TERM RENTAL BECAUSE SOMEBODY PULLED UP ON THANKSGIVING DAY IN OUR DRIVEWAY AND STARTED UNLOADING SUITCASES OFF OF THEIR CAR AND TOLD US TO GET OUT
AND THE GUY ARGUED, OUR GPS SAYS, IT'S RIGHT HERE,
AND WE KIND OF POINTED OVER AND SAID, WELL, MAYBE IT'S THE OTHER ONE BECAUSE THERE'S BEEN STUFF GOING ON OVER THERE.
UM, SO IT IT'S BEEN VERY DISRUPTIVE FOR US.
AND THE OTHER NEIGHBORS, UM, WHO I, AND I WISH JENNY COULD HAVE BEEN HERE TODAY BECAUSE SHE'S GOT COVID AND SHE SENT A NOTE IN THAT SHE COULDN'T, COULDN'T ATTEND.
UH, JENNY'S PARENTS LIVED NEXT DOOR AND SHE GREW UP IN THAT HOUSE.
AND HER PARENTS HAVE BEEN THREATENED BY THESE PEOPLE.
UM, THEY'VE BEEN TRYING TO BUY OTHER HOMES.
WE'VE HAD NUMEROUS REPORTS, UH, FROM NEIGHBORHOOD ASSOCIATION THAT THEY'VE BEEN GOING AROUND AND THREATENING PEOPLE AND TRYING TO BUY THEIR HOMES UP.
UH, THEY DID COME TO ONE OF OUR MEETINGS AND, UH, IT GOT A LITTLE CONTENTIOUS, BUT THEY DID NOTE THAT THEY PICKED OUR NEIGHBORHOOD BECAUSE THERE WASN'T AN HOA THERE.
UH, TWO OF THEIR MEMBERS STOOD UP VERY VIOLENTLY AND SAID, WE WILL FIGHT YOU.
SO THIS IS THE KIND OF STUFF THE NEIGHBORHOOD'S BEEN GOING THROUGH, UH, WITH THESE.
AND I THINK THERE'S APPROXIMATELY FIVE PROPERTIES THAT ARE OWNED BY THEM IN THERE.
WE'RE DOING A LITTLE RESEARCH ON THAT, BUT WE HAVE TWO NOW THAT, UH, ARE AGAIN, PARTY HOUSES AND, UH, THE NEIGHBORS ARE COMPLAINING STRONGLY ABOUT THIS.
'CAUSE HILLSDALE'S 19 55, 19 56 WHEN IT WAS DONE, IT'S SOMEWHERE IN THERE.
I KNOW OUR HOUSE WAS BUILT IN 72 AND WE'RE UP THE HILL AWAY, SO THAT WAS LATER.
YOU DON'T HAVE, UH, YOU DON'T HAVE SIDEWALKS THERE.
IT'S ALL MAYBE NO, THERE'S NO SIDEWALKS WHERE WE'RE AT.
AND UH, WHAT'S KIND OF INTERESTING IS THIS PROPERTY WAS ORIGINALLY, IF YOU SHOWED THE PLAT, UH, PLAT MAP BACK UP, UH, IT WAS ORIGINALLY A TWO PLUS ACRE PROPERTY AND THEY STARTED CLEARING TREES ON IT.
AND WE FOUND OUT THEY WERE PLANNING TO BUILD TWO MORE HOMES THERE.
AND THAT GOT STOPPED WHEN WE WENT TO THE CITY.
AND NOW THEY HAVE, UH, TAKEN AND SUBDIVIDED IT.
UM, AND THEY'RE SELLING THOSE TWO LOTS IN FRONT THERE OF IT.
UH, SO THAT WAS ALL PROPERTY ORIGINALLY, PARDON ME, ON THE HARD CORNER OF, UH, HUMMINGBIRD IN PURPLE SAGE.
THOSE, THOSE TWO LOTS THERE WE'RE, WE'RE TO THE LEFT ARE THE BIG LOT TO THE LEFT THERE OF THE PROPERTY.
AND, UM, SO THEY GOT STOPPED DOING THAT.
UM, AND UM, SO, UM, THE, I THINK, YOU KNOW, ONE OF THE ISSUES HERE IS THERE, THERE'S A PLETHORA OF OF VIOLATIONS, CODE VIOLATIONS FOR THESE PROPERTIES, UM, INCLUDING THE ONE ON, UM, UH, OAK DRIVE 1 5 5 1 1 5 5 1 1.
OAK GROVE, UM, HAS A NUMBER PERMITS THE, UM, UH, THE COUNTY'S GOT THEM FOR SEPTIC VIOLATIONS.
UM, THEIR LEADER WENT INTO A LOT NEAR THERE AND CLEARED 50 TREES OFF THE LOTS OF SOMEBODY'S WITHOUT AUTHORIZATION.
UH, THEY WERE TAKEN TO COURT FOR THAT.
AND, UH, THEIR LEADER IS ON, UM, UH, UH, PRE, UH, WHAT WAS IT, PRETRIAL DIVERSION AS A RESULT OF THAT CASE.
SO, UM, YOU KNOW, IT'S NOT BEEN A GOOD NEIGHBOR STORY IN THIS RESTAURANT YOU'RE TALKING ABOUT THAT'S NOT ON THE HIGHWAY.
IT'S NO, NO, IT'S IN OUR, IT'S WELL, DOESN'T YOUR, DOESN'T YOUR NEIGHBORHOOD.
IT'S, AND AND TO BE FAIR, IT IS THEIR, THEY'VE DESIGNATED THIS AS A JEWISH TEMPLE.
WE HAVE A SEAT TEMPLE AND IN, IN THERE AND WE'VE HAD NO ISSUES THERE.
BUT THEY STARTED A RESTAURANT IN THERE.
THE WHOLE PROPERTY'S BEEN BUILT OUT WITHOUT PERMITS BECAUSE THAT, I THOUGHT YOUR, YOUR PLAID ONLY ALLOWED COMMERCIAL AS A RESTRICTION.
SO WE'VE BEEN HAVING THAT BATTLE WITH THEM AND THE ZONING COMMISSION TURNED THEM DOWN AND THEY'RE NOW GOING TO THE MAYOR'S OFFICE OR SOMETHING TRYING TO GET THAT REZONED WITHIN.
AND THAT'S CAUSED QUITE A BIT OF ISSUES IN OUR NEIGHBORHOOD TOO.
UM, SO WE'VE JUST HAD A LOT OF TROUBLE WITH THIS.
AND, YOU KNOW, THE, THE ISSUE HERE IS THAT, UM, NUMEROUS NEIGHBORS HAVE BEEN INVOLVED IN, IT'S NOT BEEN ONE NEIGHBOR CALLING THE POLICE 35 TIMES.
I THINK WE'VE CALLED THEM MAYBE FOUR OR FIVE TIMES IN THE TIME THAT WE'VE BEEN THERE FOR ISSUES WITH LOUD PARTIES AND FIREWORKS AND STUFF LIKE THAT AFTER HOURS.
IS THERE ANY QUESTIONS FOR THE SPEAKER? SO JUST ONE COMMENT.
SO, UM, MY COMMUNITY RAN INTO SOME CHALLENGES, UH, WITH REGARDS TO LARGE LOT, UM, UM, A LARGE LOT COMMUNITY.
AND WE DID WORK WITH OUR CITY COUNCIL TO HAVE ALL OF OUR LOTS
[01:40:01]
REZONED, UM, ALL AT ONCE.AND IT SOLVED SOME OF OUR CHALLENGES THAT WE HAD WITH REGARDS TO SUBDIVIDING.
AND SO, SO RIGHT ZONING IS WHAT IS WHAT YOUR COUNCIL PERSON CAN HELP YOU DO IF YOU GET THE COMMUNITY TO AGREE.
AND SO R 20 AND R LOCS, SO THAT WAY THAT MINIMIZES HOW WELL IT COULD BE SUBDIVIDED.
SO IT MAY BE SOMETHING TO CONSIDER.
YEAH, WE'RE ALL R SIX AND THEY WERE TRYING TO GET AN R 20 FOR THEIR RESTAURANT, BY THE WAY.
UH, WHICH WAS STILL LOW QUEST.
THE, THE OTHER COMMENT I'LL MAKE THAT I THINK IS KIND OF PERTINENT IS WE HAVE AN A DU, UH, ON OUR PROPERTY AND WE HAVE A PROPER CERTIFICATE OF OCCUPANCY.
IT TOOK US A YEAR TO GET OUR A DU PERMIT.
WE HAD TO GO THROUGH 23 SEPARATE REQUESTS FROM THE CITY TO GET THAT.
UM, THEY GOT AN A DU PERMIT SUDDENLY.
UM, AND WHEN WE QUESTIONED THE CITY ABOUT THIS, UH, THE RESPONSE WAS, OH, IT WAS A MISTAKE.
IT'S A LITTLE BIT, YOU KNOW, OFFENSIVE TO US.
AND I'M JUST SAYING THIS NICELY THAT WE WENT THROUGH ALL THIS PROCESS AND THERE'S A LOT OF PROCESS THAT YOU HAVE TO GO THROUGH.
AND DO THIS AND THEIR PROPERTIES, THEY'RE JUST GOING OFF AND BUILDING THINGS AND IN ASKING FOR FORGIVENESS LATER.
IS THERE ANYONE ELSE SIGNED UP? NO MORE PUBLIC COMMENT.
LET'S HAVE THE APPLICANT COME BACK FORWARD.
WE'RE GONNA SEE IF THERE'S ANY MORE QUESTIONS OR IF YOU WANNA MAKE A QUICK STATEMENT BEFORE WE, UH, DELIBERATE THIS.
IS THERE ANY QUESTIONS? ALL RIGHT.
IS THERE ANYTHING YOU'D LIKE TO TELL US? NO, AS A MATTER OF FACT, I WAS THERE WHEN IT WAS, WHEN THE DECK WAS BUILT.
I, LIKE I SAID, I OVERSAW THE CONSTRUCTION.
I WAS ABOUT THE QUALITY OF THE WORK AND I MADE SURE THERE WAS ENGINEER PLANS FOR EVERYTHING.
LIKE AS THE GENTLEMAN SAID, WE, UH, WE HASN'T BEEN, IT IS BEEN THERE THAT LONG.
I GOT PICTURES TO SHOW IF NECESSARY.
THE, UH, THERE'S WHERE THE, WHERE THE POOL IS FENCED AND EVERYTHING'S CLOSED OFF.
THERE'S GATES TO IT, THERE'S ALARMS. THAT'S WHY WE HAVE PERMITS.
I WAS JUST ASK HIM IF HE YES, THE TESTIMONY THAT WE HEARD WAS THE COMMENTS ABOUT THE OPERATIONS OF THE, OF THE AIRBNB.
HAVE YOU ATTEMPTED TO REACH OUT TO THE NEIGHBORHOOD ASSOCIATION OR TRY BECAUSE I, I'M HAVING A REAL, UH, CONFLICT OF, OF HEARING ALL THE ISSUES OF, OF YOUR OPERATIONS OF RUNNING THE AIRBNB AND HAS THERE BEEN ATTEMPT TO REACH OUT TO THE NEIGHBORHOOD AND KIND OF REMEDY OR WHAT ARE YOU DOING TO HELP IMPROVE THAT OPERATION SITUATION? ABOUT A MONTH AND A HALF.
I CAME ABOUT A MONTH AND A HALF.
I CAME BACK FROM NEW JERSEY HERE TO LOOK AT THE SITUATION AND ADDRESS SOME OF THE PROBLEMS THEY HAVE.
I'M TRYING TO WORK WITH SOMEBODY TO TRY TO DO SOME SOUNDPROOF INTO THE AREA.
MY, MY, MY BOSS, THE OWNER OF THE PROPERTY HAS PUT FINES IN, INTO, INTO THE AIRBNB COMMENTS OVER A THOUSAND DOLLARS FOR FINES IF THEY HAD PARTIES AND THINGS LIKE THAT.
AND PEOPLE KEEP VIOLATING THOSE THINGS.
ALRIGHT, THANK YOU COMMISSIONER MANON.
SO, AND LOOKING ONLINE OR LOOKING IN THE, THE BEAK HAD, UM, THERE, UH, UM, SMOKE TO LIVE, UH, 20 20 21 OR WHATEVER THE NAME OF THE, THE ORGANIZATION IS.
IT SHOWS 11 PROPERTIES ARE ALL 11 OF THOSE SHORT-TERM RENTALS.
DO YOU KNOW? I BELIEVE SO, YES.
OKAY, SO YOU HAVE 11 SHORT-TERM RENTALS.
THE, THE GENTLEMAN UP THERE WITH A CAP.
IS HE, HE'S MEASURING LIKE HE'S, HE WANTED TO SPEAK.
PARDON ME? WHAT WAS THAT? HE GAVE HIS TIME THAT WE, HE GAVE HIS TIME.
COMMISSIONER MADA REGARDING CASE NUMBER BO A 2 6 1 3 0 0 1 8 0.
I MOVED THAT THE BOARD OF JUSTIN GRANT THE APPEAL FOR THE PROPERTY SITUATED AT 1 5 9 0 3 PURPLE SAGE ROAD, APPLICANT BEING SMOKE TO LIVE LLC BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16 DASH 1110 D WHEN REVOKING THEIR SHORT TERM RENTAL PERMIT.
SO YOU KNOW, LOOKING AT UH, WHAT WAS STATED WITH REGARDS TO, DID THE CITY UH, MAKE AN ERROR IN ENFORCING THE CODE? UM, I DIDN'T SEE ANY ERROR BEING MADE AND SO I WILL NOT BE VOTING TO GRANT THE PERMIT.
YEAH, I TOO, IN REVIEWING THE, THE TOTALITY OF THE CASE HERE, UH, DID NOT SEE WHERE THE CITY SPECIFICALLY DID PROVIDE AN DID MAKE AN ERROR IN IN UH, DENYING THE APPLICANT FURTHER, I THINK THE APPLICANT DOES HAVE AN ABILITY TO REAPPLY AT SOME POINT, UM, FOR THE APPLICATION RIGHT AFTER WHATEVER DECISION IS MADE HERE BEFORE THE BOARD, UH, TO, TO REINSTATE THE PROPERTY.
AT THAT POINT THERE'LL BE COMMUNITY INPUT AS WELL AS THAT
[01:45:01]
UM, PERMIT WOULD POTENTIALLY BE ISSUED.SO THAT, THAT'S MY COMMENT THERE.
ANYONE ELSE LIKE TO ADD HEARING NONE.
HAVE A ROLL CALL VOTE COMMISSIONER MANNA? I DO NOT GRANT THE APPEAL.
COMMISSIONER OZUNA? I DO NOT CONCUR.
COMMISSIONER REED? NO I DO NOT.
COMMISSIONER STEVENS? NO I DO NOT.
COMMISSIONER EALES? I DO NOT CONCUR.
COMMISSIONER DEAN? NO, I DO NOT CONCUR.
COMMISSIONER CRUZ? NO I DO NOT.
COMMISSIONER GOMEZ? I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
AND NOW DOES ANYBODY NEED A BREAK? ALL RIGHT, JUST GONNA TAKE A SHORT BREAK.
SEE EVERYBODY IN SEVEN MINUTES.
THE CONTINUANCE PAPER AND WE'RE BACK, UH, 2:55 PM BACK IN SESSION.
UH, ITEM NUMBER THREE THAT WAS TABLED.
SO IF WE CAN GET THE APPLICANT TO COME UP AND LET US KNOW WHAT, UH, HOW HIS CALCULATIONS TURNED OUT, THEY'D BE WONDERFUL.
I HAD, UM, ONE OF MY ENGINEERS RECALCULATE A LITTLE BIT AND WITH SOME CONCESSIONS FROM MR. GARCIA.
I HAVE A REVISED EXHIBIT THAT I CAN EMAIL, UM, HERE SHORTLY, BUT WHAT'S THE PERCENTAGE? 73%.
UH, IT CAN PROBABLY BE BROUGHT DOWN A LITTLE MORE.
THIS IS WHAT WE COULD DO ON A, ON A SHORT TERM BASIS.
WE ADDED SOME PLANNERS BEHIND BETWEEN THE HOUSE AND THE IMPERVIOUS COVER.
WE ADDED SOME PLANNERS BETWEEN THE PUBLIC SIDEWALK AND THE PROPOSED IMPERVIOUS COVER AND OF COURSE THE PLANTER THAT WAS LEFT OUT AT ONE CORNER.
I DON'T KNOW IF YOU CAN SHOW HIM THAT.
UM, NOW AS FAR AS THE CAR PORT DEPTH, WHICH DOESN'T HAVE ANYTHING TO DO WITH THE IMPERVIOUS COVER 'CAUSE IT'S OVER CONCRETE.
WELL THERE'S, THERE'S TWO SEPARATE ITEMS ON THIS VARIANCE.
AND WHAT IS THE DISTANCE BETWEEN THE EDGE OF THE CARPORT AND THE SIDEWALK? THE EDGE OF THE, UH, THERE'S A ONE INCH FROM THE OVER, FROM THE OVERHANG ON THE CARPORT.
YOU KNOW, IT BASICALLY COVERS THE, ALMOST THE ENTIRE 10 FOOT.
WELL I KNOW IT GOES TO THE PROPERTY LINE, BUT, AND IT COMES DOWN RIGHT? IT COMES DOWN JUST INCHES PRIOR TO THE SIDEWALK.
WE HAVE SOME PICTURES OF THAT.
THIS IS A STANDARD 50 FOOT WIDE RIGHT OF WAY STREET.
I HAVEN'T LOOKED AT THE PLA I'M JUST, THE LOT IS, UH, YOU KNOW, 65 FEET BY 120 FEET.
SO IT WOULD BE, YEAH, SO PROBABLY, I'M, I'M TRYING TO FIGURE OUT JUST HOW YOU KNOW WE'RE HERE.
THE CARPORT IS REALLY, REALLY CLOSE TO THE FRONT PROPERTY LINE, BUT THE CONCERN THAT I HAVE IS HOW CLOSE IS IT TO THE PHYSICAL SIDEWALK? SO IF YOU HAVE A 50 FOOT RIGHT OF WAY OR FOUR FOOT SIDEWALK AND A NINE INCH K, YOU MIGHT BE FOUR AND A HALF FEET, YOU KNOW, AWAY FROM THERE.
AND THAT JUST, I I'M JUST CURIOUS TO KNOW IF YEAH, IT'S A, IT'S A FOUR FOOT SIDEWALK AND JUST FROM TAKING PICTURES AND VISUAL INSPECTIONS, IT LOOKS LIKE IT'S WITHIN SIX INCHES.
THE EDGE OF THE CANOPY WITHIN SIX INCHES OF THE SIDEWALK.
BUT THE SIDEWALK IS ON RIGHT OF WAY AND OF COURSE THE CANOPY'S IN PRIVATE PROPERTY.
IS THERE ANYTHING YOU CAN DO TO TRIM THAT CARPORT? DO YOU NEED THAT DEPTH? YEAH, HE WHERE THE PICTURES? THEY'RE HERE.
UM, I DON'T KNOW IF I CAN, THAT'S A CONSTRUCTION ISSUE.
BASICALLY, BASICALLY THAT'S WHERE, RIGHT, I CAN EXPLAIN THE MIC.
MIC GIVE, GIVE THERE, THERE YOU GO.
THERE'S A PIC THERE'S A PICTURE RIGHT HERE THAT SHOWS LEMME GO THROUGH IT.
WHERE'S THE OTHER PICTURE? LEMME HAVE THE OTHER ONE.
THESE ARE THE, YOU HAVE ALL OF THEM.
LEMME HAVE THESE PICTURES RIGHT HERE.
OKAY, SO, SO THAT WITH THAT 10 FOOT MEASUREMENT, IT'S, IT'S MEASURED TO THE POST IT'S.
SO IF YOUR POST WAS 10 FOOT BACK FROM THE PROPERTY LINE, YOU CAN HAVE A FIVE FOOT OVERHANG INTO THAT 10 FEET AND THAT WOULD BE FULLY COMPLIANT.
AND SO THERE SEEMS TO BE A GOOD NUMBER OF POSTS RUNNING DOWN THE SIDE.
I WAS JUST CURIOUS TO SEE IF THERE'S ANYTHING YOU CAN DO TO TRIM THAT UP A LITTLE BIT OR SOMETHING.
WHERE'S THE BUTTON? WE HAVE FIVE VEHICLES IN THIS HOUSE AND WE SHOW PICTURES RIGHT HERE.
DID Y'ALL SEE THE PICTURES WHERE THE WHEELCHAIR IS? HE'S ASKING DID YOU SEE WHERE THE WHEELCHAIR IS WHEN YOU SEE THE CAR? RIGHT HERE? THAT'S WHERE THE CAR IS, THAT'S WHERE THE SIDEWALK IS CLEAR.
DO YOU SEE THAT? THE SIDEWALK IS CLEAR.
[01:50:01]
THAT, I BELIEVE THAT THAT ONE INCH IN THE VARIANCE REQUEST IS FROM THE OVERHANG ON THE CARPORT, NOT FROM THE POST.OKAY, SO ON THIS, THIS IS A WONDERFUL PICTURE.
SO LOOK AT THIS, UH, THE BLACK CAR THAT'S STICKING ALL THE WAY OUT THAT LOOKS LIKE IT'S HANGING OVER THE SIDEWALK.
'CAUSE WE'RE PULLING THE WHEELCHAIR 'CAUSE WE'RE PULLING THE WHEELCHAIR OUT OF THE CAR IN FRONT OF IT SO I CAN GET OUT OF THE VEHICLE AND THEN WE CLOSE IT AND THEN WE PUSH IT RIGHT BACK OVER THE FRONT.
DOESN'T SHOW ANYTHING RIGHT THERE.
BUT SEE, PART OF THE ISSUE IS, IS THAT YOU, YOU CAN'T, YOU CAN'T HAVE THE NECESSITY TO BLOCK A SIDEWALK.
YOU KNOW, IF THERE, IF IF THE CARPORT ONLY REALLY SUPPORTS BASED ON YOUR USE TWO CARS UNDER THE CARPORT, THEN THAT'S, THEN YOU DON'T NEED THAT KIND OF LENGTH.
NO, IT'S FOUR CARS UNDERNEATH THE CARPORT EXCEPT THAT YOU, YOU'RE NOT ALLOWED TO BLOCK A SIDEWALK EVEN IF IT'S JUST FOR FIVE MINUTES.
OKAY, SO THEN HOW DO YOU WANT ME TO GET OUT OF MY VEHICLE? YOU DON'T PARK THAT OTHER CAR BEHIND THAT.
I MEAN, AND IF YOU DON'T HAVE THAT CAR PARKED BACK THERE, THEN YOU DON'T NEED A CARPORT THAT LONG.
YOU KNOW, THERE'S, THERE'S THAT'S, THAT'S THERE BECAUSE OF THE HAIL DAMAGE.
WELL THE, THE, THE CODE, THERE'S NOTHING IN THE CODE THAT SAYS YOU CAN HAVE AN INFINITE AMOUNT OF CARS UNDER A CARPORT.
WHAT IT SAYS IS THAT YOUR CARPORT HAS TO BE 10 FEET AWAY FROM THE PROPERTY LINE.
THAT'S WHAT WE'RE DEALING WITH TODAY.
NOW WE'VE IN, IN THE PAST I HAVE BEEN OPEN TO A REDUCTION OF THAT IF, IF IT WAS A NECESSITY TO HAVE A, A CAR, UH, OR IF IT WAS SHORT A COUPLE FEET OR SOMETHING TO HAVE TWO CARS.
BUT IN THIS CASE IT LOOKS LIKE YOU ACTUALLY NEEDED TO BE EVEN LONGER TO BE A FUNCTIONAL CARPORT FOR YOU.
ONCE WE ARE PARKED, THEY ALL FIT UNDERNEATH THERE PERFECTLY.
OKAY, WELL EITHER HERE NOR THERE.
I'M JUST POINTING OUT WHAT MY THOUGHTS ARE.
ANY OTHER QUESTIONS FOR THIS APPLICANT? VERY IMPORTANT VOTE.
OH, I'M JUST ONE VOTE MANAM COMMISSIONER MANAM, I DO RECOMMEND READING THIS AS TWO DIFFERENT READINGS AS WE GO THROUGH.
WE DO HAVE TWO ADDITIONAL, UH, SPEAKERS.
PARDON ME? WE HAVE TWO ADDITIONAL SPEAKERS.
YES, WE HAVE, WE DO HAVE WHAT'S CALL IT THE FIRST ONE.
ALRIGHT, FIRST ONE IS, UH, ANGELINA GUTIERREZ
STATE YOUR NAME, TELL YOUR THOUGHT.
I LIVE AT THREE THREE H MELTZER WITH MY PARTNER TYLER, WHO SPOKE EARLIER.
I ACTUALLY DO HAVE SOME PHOTOS TO SHARE WITH YOU IF YOU'D BE INTERESTED.
THEY DO HAVE MULTIPLE VEHICLES AT THE PROPERTY AND YOU ARE CORRECT IN SAYING THAT THERE IS A BLOCKAGE ON THE SIDEWALK BECAUSE THEY DO BLOCK THE SIDEWALK CONTINUOUSLY.
IT IS AN ISSUE AND AS TYLER HAD STATED EARLIER, WE DO HAVE SCHOOL CHILDREN WHO WALK HOME ON THAT SIDEWALK AND THEY DO HAVE TO REVERT INTO THE ROAD TO GET AROUND, BUT ENDS OF THEIR LARGE VEHICLES.
SOME OF THE VE SOME OF THE PHOTOS I LIKE TO SHARE IF WE CAN PUT 'EM, I THINK WE CAN JUST SCROLL TO THE RIGHT FROM THERE.
WITH THE CONSTRUCTION OF THESE CARPORTS, THE ONE AT THREE, SORRY, AT UH, AT THEIR PROPERTY, WHICH IS 3 4 3, THEY HAVE VEHICLES THAT BLOCK ALL PARTS OF THE ROAD.
THESE ARE FOR ALL OF THEIR WORKERS.
YOU CAN SEE THAT THAT CARPORT IS THE ONE THAT'S CONSTRUCTED ACROSS THE STREET, WHICH ACTUALLY IS TALLER THAN THE ONE AT THEIR RESIDENTIAL PROPERTY THAT THEY'RE REFERRING TO TODAY BECAUSE THEY DO STORE THEIR SHUTTLE BUSES FOR THEIR LIMOUSINE BUSINESS AT THESE PROPERTIES AS WELL.
IF YOU CONTINUE SWIRLING, THERE SHOULD BE MORE PHOTOS THAT SHOW THE IMMENSE AMOUNT OF TRAFFIC THAT WE'RE HAVING TO DEAL WITH WITH ALL OF THEIR WORKERS COMING AND GOING.
UM, AS YOU CAN SEE, THEY, THEY DO HAVE ALL OF THEIR CARS PARKED UNDER THERE, BUT IT DEPENDS ON HOW THEY PARK BECAUSE THEY DO HAVE MULTIPLE ESCALADES AND AS WE KNOW, ESCALADES ARE A LARGER VEHICLE.
SO WHEN THEY ARE PARKING TWO OF THEM BACK TO BACK, THERE IS AN OVERHANG ON THAT, ON THAT SIDEWALK.
THIS IS DURING THE CONSTRUCTION I THINK.
I BELIEVE THEY HAD REPORT FOR STOP PERMIT OR STOP WORK ORDERS AND THEY HAD ACTUALLY LEFT THEIR HEAVY MACHINERY IN FRONT OF THEIR HOUSE PARKED LIKE THAT FOR NUMEROUS DAYS ON END.
EVEN BEYOND WORKING BUSINESS HOURS.
I THINK THERE MIGHT BE, YEAH, THERE ARE SOME MORE.
AS YOU CAN SEE, LOOK, THERE IS A LITTLE BIT OF BLOCKAGE ON THE SIDEWALK IN THAT VIEW, BUT YES, I THAT IS THE, THAT IS THE VEHICLE PARKED NEXT DOOR TO US AT THREE.
THAT IS AT 3 3 9 OR AT 3, 4 2 I BELIEVE SO, SORRY.
AND THAT IS PART OF THEIR COMPANY VEHICLE THAT THEY DO PARK THERE.
AS YOU CAN SEE, THAT HAS TO BE A LARGER, TALLER CARPORT TO BE ABLE TO, TO BE ABLE TO COVER THAT ENTIRETY OF IT.
[01:55:01]
THEY DID START THE CARPORT ON THIS PROPERTY BEFORE THEY STARTED THE CARPORT ON THEIR OWN PROPERTY.AND THEN I THINK IF YOU SCROLL A LITTLE BIT MORE, THERE SHOULD BE, THIS IS A PHOTO THAT WAS ACTUALLY TAKEN THIS PAST SATURDAY OF A LIMOUSINE IN FRONT OF THEIR HOUSE, WHICH IS PART OF THEIR BUSINESS.
SO YES, THEY ARE OPERATING THEIR BUSINESS OUT OF THEIR PROPERTY AND STORING THEIR PROPERTY VEHICLES WITHIN THE NEIGHBORHOOD.
ANY QUESTIONS? ANY QUESTIONS? NONE.
WHO'S THE NEXT SPEAKER? THANK YOU MR. EMILIO GONZALEZ.
PLEASE STATE YOUR NAME, TELL US YOUR THOUGHTS, MAKE SURE YOU, CAN YOU HEAR ME? YES, SIR.
YEAH, MY NAME'S EMILIO GONZALEZ AND I LIVE ON THE NEXT STREET OVER ON DRESDEN.
YOU'LL NEED THE ADDRESS OR NOT? UH, YOU CAN PROVIDE, IT'D BE GREAT.
BUT ANYWAY, I, UH, BEEN A RESIDENT OF THE, IN THAT AREA FOR 47 YEARS AND UM, I GOT A LETTER FROM THE CITY REGARDING THE THREE, NUMBER THREE.
AND I WAS LOOKING AT IT, AND IT, IT SAYS, WHY WAS THIS SENT TO ME? SO I LOOKED AT, LOOKED AT, LOOKED AT THAT BOA, AND, AND I SAW THE, THEIR, THEIR, THEIR STREET ADDRESS.
SO ANYWAY, I DROVE AROUND THE BLOCK AND I SAW THAT, THAT, UH, THAT HOW PART THAT THEY BUILD.
AND I WAS, I WAS SURPRISED TO SEE IT.
AND I'M GLAD IT'S MADE OUTTA METAL BECAUSE IF IT HAD BEEN MADE OUTTA WOOD, YOU KNOW, THING IS, UH, THE BIG BAG, WOOD WOULD'VE JUST KNOCKED IT DOWN EVENTUALLY, AFTER SO MANY YEARS.
AND, AND METAL LAST, LAST LONGER.
BUT, UM, AND, AND I CANS AND I SAW THAT SYLVIA, WELL, GEORGE, YOU KNOW, HE'S IN A WHEELCHAIR AND, YOU KNOW, AND I CAN, I CAN STAND WHY HE NEEDS THAT BIG CARPORT TO MOVE AROUND WITH HIS WHEELCHAIR AND ALL THE OTHER LITTLE AREAS THAT HE NEEDS TO MOVE AROUND IN.
AND, YOU KNOW, I WAS, AND ONE OF THE THINGS THIS YOUNG LADY BROUGHT UP A LITTLE WHILE AGO ABOUT THE VEHICLE BEING PARKED, YOU KNOW, ON THE SIDEWALK, YOU KNOW, THERE'S OTHER RESIDE RESIDENTIAL AREAS IN THAT AREA THAT, YOU KNOW, THEY PARK THEIR CAR, THEIR TRUCK, AND I SEEN ONE AROUND THE CORNER AND HE HAS HIS TRUCK STICKING OUT ALMOST INTO THE STREET.
AND IT'S JUST ABOUT EVERY TIME THAT HAPPENS.
AND, YOU KNOW, THERE'S, YOU KNOW, I DON'T SEE WHY THE CITY, OR I GUESS WHEN SOMEONE GOES BY THE POLICE OFFICER OR CITY ORDINANCE CAN SEE THAT, BUT THEY DON'T SAY ANYTHING.
I, I IMAGINE BECAUSE HE CONTINUALLY DOES THAT.
BUT YOU KNOW, WHEN THERE'S, YOU KNOW, THAT THAT NEEDS TO BE PREVENTED, YOU KNOW, FOR THE, UM, YOU KNOW, IF THERE'S NO RESTRICTIONS ON THAT.
BUT, UH, ANYWAY, THAT'S, THAT'S BASICALLY WHAT I HAVE TO SAY ON THAT.
DO YOU HAVE ANY QUESTIONS FOR ME? ANY QUESTIONS? NO, I WAS JUST AFFIRMATIVE.
WAS HE SUPPORTING THE, SO YOU, UNION? UNION, YEAH, I'M, I'M IN FAVOR OF THE CARPORT, YOU KNOW, IT'S VERY NICE.
I LIKE THAT, YOU KNOW, AND IT IS A VERY BEAUTIFUL STRUCTURE AND OKAY.
AND I, I DO LIKE THAT STRUCTURE, UHHUH.
ALRIGHT, THAT'S ALL THE SPEAKERS ALL GREAT.
SO WE'LL HAVE THE CHAIR BEFORE, BEFORE APPLICANT RETURNS TO MAKE COMMENTS.
UM, IVANYA, I'M A LITTLE CONCERNED, UM, YOU KNOW, I'M, I ABOUT THE, THE LENGTH OF THIS CARPORT.
UM, AND ALSO, UM, BUT I ALSO FEEL SOME EMPATHY FOR THE OWNER OF THE PROPERTY AND, AND HOW HE NEEDS TO HAVE IT USED.
UH, BUT THAT SOME OF THE EVIDENCE THAT WE, THAT I'VE BEEN SEEING TODAY, UM, REALLY SHOWS A TOTALLY DIFFERENT USE FOR IT, INCLUDING HIS USE FOR HAVING TO GET OUT OF THE, HIS VEHICLE AND GETTING THE WHEELCHAIR.
SO, UM, I WOULD LIKE TO JUST SUGGEST THAT MAYBE, UM, IT DOES NEED TO SHORTENED THE, THE DISTANCE FROM THE SIDEWALK AND, UM, AND THEN JUST TELLING NEIGHBORS, YOU KNOW, UH, GETTING CODE COMPLIANCE TO GO OUT.
'CAUSE WE DON'T HAVE ANY SAY ON THAT CODE COMPLIANCE AND THE POLICE DEPARTMENT DO, WE DON'T, UM, TO, TO REPORT THOSE INCIDENTS WHEN YOU DO SEE BLOCKAGE, UH, OF THE SIDEWALKS AND IF YOU SEE CARS THAT MAYBE ARE BLOCKING TRAFFIC IN ON YOUR STREET OR CAUSING A, A DANGEROUS SITUATION.
SO, UM, POLICE, YOU KNOW, IF IF THAT'S THE CASE, THOSE TWO RESOURCES ARE THERE TO HELP YOU, UH, SUPPORT THE CODE OR THE LAW.
[02:00:02]
ALRIGHT, THANK YOU.SO THE APPLICANT COME BACK FORWARD, GIVE YOU AN OPPORTUNITY TO MAKE ANY REBUTTAL STATEMENTS IF YOU WISH, BEFORE WE DELIBERATE.
WELL, I HAVE, UH, I HAVE ONE OBSERVATION, YOU KNOW, AS TO THE ARGUMENTS THAT HAVE BEEN MADE HERE WITH REGARDS TO BLOCKING THE SIDEWALK.
YOU KNOW, WE ARE APPLYING FOR A VARIANCE FOR, TO HAVE TO KEEP THE CARPORT IN PLACE BECAUSE WE ARE ENCROACHING ON THE 10 FOOT SETBACK.
NOW, WHETHER THAT CARPORT AND, AND I AM SENSITIVE TO BLOCKING THE SIDEWALK.
I MEAN, I HAVE, I RAISED TWO LITTLE GIRLS, WALKING THEM TO AND FROM SCHOOL, EXACT SITUATION AS THIS DIFFERENT NEIGHBORHOOD ON THE NORTH, ON THE NORTHWEST SIDE.
BUT YES, I MEAN THAT WAS, UH, YOU KNOW, WE DEALT WITH SIDEWALKS AND PUBLIC RIGHT OF WAY AND, AND THAT TYPE OF THING.
BUT THE THING IS, WHETHER THE CARPORT IS THERE OR NOT, THAT'S NOT GOING, I DON'T SEE WHERE BLOCKING THE SIDEWALK AND PARKING VEHICLES IN THAT DRIVEWAY IS GOING TO CHANGE WHETHER THE CARPORT IS THERE OR NOT, OR WHETHER IT'S SHORTENED.
YOU KNOW, IF THEY PARK TWO VEHICLES THERE, IF THE HOUSE NEXT DOOR OR SEVERAL HOUSES NEXT DOOR DO NOT HAVE A CARPORT, BUT ARE DOING THE SAME THING, YOU KNOW, THERE'S, UH, THERE'S BUILDING SETBACKS, THERE'S DRIVEWAYS, THERE'S, THERE'S HOUSES.
THERE'S ONLY SO MUCH ROOM THEY HAVE IN THIS SUBDIVISION, FROM WHAT WE CAN TELL, THEY'RE STANDARD 60 TO 65 FOOT WIDE LOTS BY 120 FOOT DEPTH.
YOU KNOW, SO ALL THESE BUILDING FOOTPRINTS ARE IN PROXIMITY, THE SAME THING, THE, THE SAME PLACE ON THE LOT.
AND THE DRIVEWAYS ARE ONLY SO LONG, SO IT'S NOT GONNA DIFFER FROM THIS HOUSE TO THE NEXT HOUSE OR THE NEXT HOUSE THAT DOESN'T HAVE A CARPORT, YOU KNOW, AS FAR AS THEM HAVING LARGER VEHICLES OR PARKING AND BLOCKING THE SIDEWALK.
UM, LIKE I SAID, I'M SENSITIVE TO THAT ISSUE.
UH, BUT I DON'T THINK THAT, UH, HAS ANY PANCE WITH WHAT WE'RE ASKING FOR A VARIANCE FOR.
IT DOESN'T, THAT'S A GO COMPLIANCE ISSUE.
SO, UM, DO YOU, JUST A QUICK QUESTION.
HOW, HOW, WHAT IS THE DISTANCE, UH, HOW DEEP IS A CARPORT ROLLING? HOW, HOW DEEP IS THIS CARPORT? IT'S 25 FEET WIDE BY 35 FEET LONG.
AND IT OVERHANGS, THERE'S A, THERE'S A, A SMALL PORTION OF THE ROOF AND THE CARPORT IS OF COURSE A SEPARATE STRUCTURE AND IT, UH, IT OVERHANGS THE ROOF A LITTLE BIT.
THE, THE REASON WHY I ASK IS, UM, WHAT I PERSONALLY AM LOOKING AT THESE SORT OF CASES, SURE.
I'M LOOKING AT HOW MANY CARS COULD POTENTIALLY FIT THERE.
YOU KNOW, REASONABLY, NOBODY EVER PUTS THE BUMPER AND TOUCHES THE FRONT OF THE GARAGE DOOR AND NOBODY EVER TOUCHES THE BUMPER OF THE CAR IN FRONT OF THEM.
THERE'S ALWAYS A FOOT OR TWO PLAY.
SO IF YOUR CAR POURS 35 FEET AND A STANDARD CAR IS 18, THAT MEANS YOU NEED A 36 FOOT WIDE CARPORT PLUS ANOTHER COUPLE FEET JUST TO REASONABLY PARK TWO CARS BACK TO BACK.
AND SO WITH A 35 FOOT DEEP CARPORT, THE WAY I'M LOOKING AT IT IS IT IS INCREDIBLY INEVITABLE THAT CARS ARE GOING TO BE ALMOST ALWAYS BLOCKING A LITTLE BIT OF THE SIDEWALK JUST TO HAVE TWO REGULAR SIZED CARS THERE.
AND SO IT'S THAT SORT OF THING IS WHAT I'M USING TO EVALUATE IT.
IT'S THE POTENTIAL, IF YOU'RE TRYING, IF THE ATTEMPT IS TO MAKE IT A SIZE THAT COULD POTENTIALLY HOUSE TWO CARS, BUT NOT, YOU KNOW, REASONABLY.
AND SO THOSE ARE THE KIND OF THINGS THAT GO THROUGH MY MIND.
AGAIN, CO COMPLIANCE ISSUE, BUT THE LIKELIHOOD OF IT BEING A PERMANENT THING, YOU KNOW, BECAUSE OF THE SIZE OF THE CAR REPORT IS, IS SOMETHING THAT I DO LOOK AT.
AND SO I'M JUST LETTING YOU KNOW, IS THERE ANYONE SELECT WE NEED TO KEEP, WE NEED TO MOVE ON HERE.
IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION CHAIR? YES, COMMISSIONER DE THE CONCRETE, UH, THAT YOU WANNA DO THE IMPERION, ARE YOU GONNA BE PARKING CARS ON THAT WITH THE FOUNTAIN? NO, SIR.
WE JUST ACTUALLY ADDED A PLANTER AREA BETWEEN THAT ADDITIONAL CONCRETE AND THE PUBLIC SIDEWALK, YOU KNOW, BEHIND IT AND IN FRONT OF IT.
THAT'S FOR ACCESSIBILITY PURPOSES ONLY? YEAH, HE'S ASKING FOR 73%.
SO IF THERE'S NOTHING ELSE, WE'RE LOOKING FOR A MOTION, PLEASE, I WOULD APPRECIATE THEM, YOU KNOW, READ SEPARATELY.
WE CAN REFERENCE THE FINDINGS FROM THE FIRST ONE.
BUT, UH, WHO WOULD LIKE TO START AT THIS, JUST TO BE CLEAR, UH, IS THE APPLICANT AMENDING THEIR IMPERVIOUS COVER TO 73% NOW? WELL, NO, HE'S, HE, HE, THE APPLICATION WE CAN KEEP IT THE WAY IT IS.
WE'LL JUST READ WHATEVER WE FEEL LIKE READING.
UM, SO I'M GONNA, UM, I'M GONNA READ THE FIRST ONE, UH, ACTUALLY I'LL READ THE SECOND ONE WITH REGARDS TO THE VARIANCE FOR THE,
[02:05:01]
UM, CARPORT.UM, REGARDING CASE NUMBER BO A 2 6 1 0 3 0 0 1 7 3.
I'M WITH THE BOARD ADJUSTMENT GRANT TO REQUEST FOR ROLANDO RAMIREZ FOR A NINE FOOT 11 INCH VARIANCE FROM THE REQUIRED 10 FOOT FRONT YARD CARPORT SETBACK REQUIREMENT TO ALLOW A CARPORT TO BE ONE INCH FROM THE FRONT PROPERTY LINE SIT, UH, LOCATED AT 3 4 3 SMELTER LANE.
BECAUSE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CARE, THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP, SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE REQUESTED VARIANCE WILL ALLOW FOR REASONABLE SITE IMPROVEMENTS WHILE MAINTAINING THE GENERAL CHARACTER AND FUNCTION OF THE SURROUNDING RESIDENTIAL AREA.
THE REQUESTS DO NOT CREATE CONDITIONS THAT WOULD ADVERSELY AFFECT PUBLIC HEALTH, SAFETY AND WELFARE.
TWO, DUE TO SPECIAL CONDITIONS OF LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP LEVEL ENFORCEMENT OF THE MAXIMUM FRONT YARD IMPERVIOUS COVER LIMITATION.
AND THE REQUIRED FRONT YARD CARPORT SETBACK WOULD SIGNIFICANTLY RESTRICT THE REASONABLE PLACEMENT AND CONFIGURATION OF THE PROPOSED IMPROVEMENTS RESULTING IN UNNECESSARY HARDSHIP.
UH, THREE, BY GRANTING VARIANCES SPIRIT, THE ORDINANCE WILL BE SERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE VARIANCES WILL BE LIMITED TO THE SPECIFIC SITE CONDITIONS AND REQUEST IMPROVEMENTS AND WILL PROVIDE SUBSTANTIAL JUSTICE ABOUT UNDERMINING THE PURPOSE OF THE ORDINANCE, UH, FOR THE VARIANCE OF NOT AUTHORIZED OPERATION USE ON THOSE USES, SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
UM, FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALTER, ALTER ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THIS PROPERTY IS LOCATED.
THE PROPOSED IMPROVEMENTS WILL REMAIN RESIDENTIAL IN CHARACTER AND WILL BE CONSISTENT WITH THE ESTABLISHED DEVELOPMENT PATTERN OF THE SURROUNDING AREA.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH A VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTED IN THE PROPERTY.
AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN DISTRICT, WHICH IS PROPERTY IS LOCATED.
THE REQUESTED VARIANCES ARE THE RESULT OF PHYSICAL, UNIQUE PHYSICAL CONDITIONS AND EXISTING CONFIGURATION OF THE SUBJECT PROPERTY, WHICH LIMIT THE REASONABLE PLACEMENT OF THE PROPOSED, UH, CARPORT, UM, WHILE PRESERVING, UH, USABLE AREA WITHIN THE PROPERTY END OF MOTION.
SO, UM, I, UM, I'M, I'M ACTUALLY LOOKING FOR A FRIENDLY MEMORY HERE TO FIGURE OUT WHERE WE'RE GONNA PUT IT AT.
AND THE REASON WHY I WENT DOWN AND READ IT AS WAS IS I LOOKED AT THE REST OF THE COMMUNITY AND I DON'T SEE ANOTHER SINGLE DRIVEWAY THAT IS THIS CLOSE AND THIS LARGE IN THE COMMUNITY ITSELF.
AND SO IT'S NOT CONSISTENT REALLY WITH THE REST OF THE COMMUNITY.
UM, AND I THINK WE KIND OF HEARD SOME TESTIMONY AS WELL FROM, FROM THE COMMUNITY AS AS WELL KIND OF STATING THAT.
UM, AND SO, SO I DON'T KNOW, UM, YOU KNOW, THERE IS THE, THE BEAM THAT SET BACK FOR THE FIRST BEAM.
SO THEY HAVE TWO BEAMS THAT ARE CLOSE UP AND IT LOOKED LIKE IT WAS FIVE FOOT.
AND I DON'T KNOW IF GOING BACK TO THAT ONE BEAM WOULD, WOULD BETTER SUIT ME.
I THINK I, I OFFER FRIENDLY AMENDMENT FIVE FEET.
SO I'LL ACCEPT THAT FIVE FOOT.
UM, AND I THINK THAT DOES SUIT ME BETTER.
UM, I WAS A LITTLE BIT WORRIED ABOUT IT AND, AND AGAIN, I DROVE, YOU KNOW, I I LOOKED AT A LOT OF HOUSES JUST NOW AND I DIDN'T SEE ANYTHING ELSE THERE.
SO, SO THANK YOU FOR THAT FRIENDLY AMENDMENT.
OKAY, SO WE HAVE A MOTION ON THE TABLE THAT IS, UH, FOR A FIVE FOOT VARIANCE, UH, TO ALLOW A CARPORT TO BE WITHIN FIVE FEET OF THE PROPERTY LINE.
15 FOOT, OH NO, THIS IS FOR THE CARPORT INSTEAD OF A 10 ISN.
SO, UH, IF THERE ANY FURTHER DISCUSSION ON THAT, A ROLL CALL VOTE.
COMMISSIONER MENNA, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED NESS? I CONCUR.
COMMISSIONER CRUZ? NO, I DO NOT CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
ALL RIGHT, SO THE MOTION IS GOING TO, UH, FAIL SEVEN TO ONE WITH ONE ABSTENTION, SEVEN TO, UH, I'M SORRY, EIGHT TO ONE WITH ONE ABSTENTION.
IS THERE ANYONE THAT'S, THAT'S ON THE PREVAILING SIDE? I GUESS WOULD COMMISSIONER DEAN COUNT AS AN ABSTENTION OR IS IT ONLY CRUZ? ONLY CRUZ, IS THERE ANYTHING THAT YOU'D BE WILLING TO ACCEPT COMMISSIONER CRUZ? NOT AT THIS TIME.
UM, YOU'RE GONNA HAVE TO TAKE IT BACK TO 10 FEET.
YOU COULD HAVE A POST WITH A FIVE FOOT OVERHANG PAST THE POST 'CAUSE IT'S MEASURED TO THE POST, NOT TO THE EDGE.
SO I'M, I'M GONNA READ JUST BASED UPON THE NUMBERS THAT ARE PROVIDED BY THE APPLICANT WITH REGARDS TO THEIR EXISTING, UM, UM,
[02:10:01]
REQUESTED FOR PREVIOUS COVER, AND THEN WE'LL SEE WHERE IT GOES FROM THERE.AND I BELIEVE THE NUMBER WAS 58% IS WHAT WAS DOCUMENTED ON, ON THE, UH, 73% NO DOCUMENTED ON THE WHAT WAS SUBMITTED AS FAR AS WHAT THE CURRENT PREVIOUS COVER IS.
SO I'M GONNA ASSUME THAT THE NUMBER WAS CORRECT.
IT MAY BE A LITTLE BIT LESS THAN THAT, BUT WE'LL GIVE HIM SOME.
SO REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 1 7 3.
AND WITH THE BOARD ADJUSTMENT GRANT, THE REQUEST, UH, FOR ROLANDO, UH, RAMIREZ FOR A, UH, 50 42% VARIANCE FROM THE MAXIMUM FRONT YARD IMPERVIOUS LIMITATION TO ALLOW A FRONT YARD TO BE 58% IMPERVIOUS COVER.
UM, WITH, UM, LET'S SEE, UH, WITH THE PROPERTY LOCATED AT 3 4 3 SMELTZER LANE, BECAUSE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT PHYSICAL CHARACTERS PROPERTIES SUCH THE LAW ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP.
AND DO I NEED TO READ THE REST OF IT SINCE IT'S EXACTLY THE SAME? NO.
AND JUST TO CLARIFY, IT'S A 8% VARIANCE, NOT A 42% VARIANCE CORRECT.
SO, SO, SO I WAS LOOKING FOR 58%.
YEAH, I'M GONNA SECOND THAT ONE AGAIN AND I'M GONNA OFFER A FRIENDLY AMENDMENT.
AND, UH, AND I JUST WANTED JUST TO SAY THAT, UM, WHEN YOU HAVE SOMEBODY THAT, THAT IS, THAT RELIES ON THE A DA AT THEIR HOUSE, YOU KNOW, THE FAIR HOUSING ACT ALMOST REQUIRES PEOPLE TO MAKE PROVISIONS FOR THE USE AND ENJOYMENT OF THEIR HOUSE.
WHAT THAT IS, IS, IS, YOU KNOW, IT GETS A LITTLE TRICKY, BUT I THINK THAT THIS, UH, APPLICANT SHOULD HAVE, UH, AN INCREASE, UH, WHAT TO, WHAT EFFECT THAT NUMBER OF PHYSICALLY IS.
I MEAN, WE'RE, THEY WAS TALKING ABOUT A FIVE FOOT PATHWAY.
I MEAN, A FOUR FOOT PATHWAY WOULD BE SUFFICIENT TOO, BUT FIVE FOOT WOULD BE BETTER AND SAFER.
SO, AND, AND SO WHAT AM I, YOU KNOW, I BROUGHT THE POINT EARLIER, AND SO, SO BECAUSE I HAVE BEEN DOING DIALOGUE OR RESEARCH ON PREVIOUS VERSUS IMPERVIOUS COVER, AND THERE ARE, ARE ABSOLUTELY QUALIFIED SOLUTIONS THAT WOULD ALLOW THIS TO HAPPEN AND STILL PROVIDE THAT COVERAGE IS JUST DONE DIFFERENTLY.
AND SO, VERSUS A SOLID SLAB IS BASICALLY HOW YOU CHANGE THE UNDERLAYMENT UNDERNEATH IT AND IT BECOMES PERVIOUS COVER THAN AT THAT POINT.
AND SO I'M NOT SAYING, I'M NOT DENYING THAT, THAT THEY CAN'T DO IT, BUT I THINK THERE'S BETTER SOLUTIONS THAN SOLID PAVING.
I'M, I'M GOING TO, UH, JUST ASK FOR THIS CASE TO TAKE IT TO SOMETHING.
DOES ANYBODY WANT TO THROW A NUMBER OUT THERE? 73% IS WHAT YOU SAID IS GIVES YOU A FIVE FOOT TURNING RADIUS AROUND 73%.
73% IS WHAT WE AMENDED IT TO, UH, DURING THIS MEETING, YOU KNOW, BY PUTTING PLANTERS UP AGAINST THE HOUSE AND BETWEEN THE PUBLIC RIGHT OF WAY, SIDEWALK AND, UH, AND THE CONCRETE, UH, GOING AROUND THE FOUND IN THE FRONT YARD.
I, I'M JUST REFERENCING A FIVE FOOT TURNING RADIUS.
BUT, UM, IF, IF YOU'RE SAYING THAT 73% GENERALLY ALIGNS WITH ALLOWING FOR THAT FIVE FEET AND NOT MORE THAN THAT, THEN I, I MEAN, I'M OKAY WITH 73% YEAH.
SO I'M GONNA, I'M, I'M, I'M GONNA MAKE A FRIENDLY MEMBER TO TAKE IT TO 73.
I DON'T KNOW IF YOU'RE GONNA ACCEPT IT OR NOT, BUT, WELL, WE, UH, CAN WE VOTE ON WHETHER OR NOT EVERYONE ACCEPTS THE, THE SURE.
I I FORMAL AMENDMENT TO TAKE THE 73? IS THERE A SECOND FOR THE FORMAL AMENDMENT? SECOND.
SECOND BY COMMISSIONER STEVENS.
SO THE MOTION IS, UH, TO AMEND PASSES.
NOW THE MOTION HAS BEEN FORMALLY AMENDED TO BE A 73% PREVIOUS COVER.
SO WITH THAT, LET'S HAVE A ROLL CALL VOTE ON THE 73%.
STEVENS WAS THE SECOND ON THE, UH, AMENDMENT CHAIR.
[02:15:01]
VASQUEZ? YES.UH, MOTION PASSES NINE TO ONE, SO YOU GET 73%.
THE CARPORT, UH, DID NOT PASS.
YOU HAVE TO HOLD 10 FEET, BUT THE 10 FEET IS MEASURED TO THE POST.
SO YOU CAN HAVE A FIVE FOOT OVERHANG FROM BEYOND YOUR LAST POST.
WE'RE RESURRECTING ITEM NUMBER FOUR.
EMILY WEISLER KILLING GRIFFIN AND FAIRMAN, THANK YOU FOR ALLOWING, UM, THE TABLING OF THIS ITEM.
SO, UM, IN SPEAKING WITH THE DEVELOPER, UM, AND, AND COMPLETELY UNDERSTAND WHERE YOU ALL ARE COMING FROM AND THE CONCERN WITH A BLANKETED 16 FOOT ACROSS THE ENTIRE 70 LOT SUBDIVISION, UM, WHAT WE CAN DO, UM, RIGHT NOW LIVE TODAY, UM, IS, IS CHANGE THAT UP.
UM, SO WHERE THERE WOULD BE ONLY 21 OUT OF THE 70 LOTS BEING 16 FOOT MINIMUM, THOSE ARE GONNA BE THIS SET OF EIGHT ALONG FRIEDRICH VISTA, THIS SET OF EIGHT ALONG, UM, FRIEDRICH RIDGE, AND THEN THIS SET AT THIS FAR SOUTHERN CORNER, UM, WHAT YOU HAVE ACROSS THE NORTH WOULD BE AN 18 FOOT MINIMUM.
UM, AND THEN WE HAVE 20 FOOT, SO NO VARIANCE, UM, ON THIS SET OF 34 LOTS.
SO THERE WOULD BE 34 LOTS OUT OF THE 70, UM, THAT DO NOT REQUIRE A VARIANCE.
UH, 15 FEET, 15, EXCUSE ME, 15 LOTS AT AN 18 FOOT DRIVEWAY SETBACK.
UM, AND ONLY 21 AT A 16 FOOT SETBACK.
UM, SO, UM, THAT IS WHAT WE ARE ABLE TO OFFER TODAY.
UM, AGAIN, UNDERSTANDING THE TOP TOPOGRAPHY, UM, PHYSICAL SITE CONSTRAINTS HERE, UM, AND, AND THE UNIQUENESS, UM, AND FLEXIBILITY THAT A POD DOES QUAL FOR.
SO, UM, RESPECTFULLY REQUEST, I'M HAPPY TO FORMALLY AMEND OUR REQUEST TO REFLECT THIS DELINEATION, UM, OF THAT.
AND I THINK STAFF IS CAPABLE OF FIGURING OUT WHICH LOT THOSE MEANS.
I DON'T HAVE THE ADDRESSES, BUT I HAVE THIS EXHIBIT.
SO WHAT CAN, CAN YOU, UH, POINT OUT WHICH ONES ARE THE 18 FEET AGAIN? THERE ARE THIS 15, THIS SET OF 15 AT 18.
OH, ALL THE ONES ACROSS THE TOP.
ALL THE ONES ACROSS THE TOP, YEAH.
AND SO, AND THEN EFFECTIVELY ALMOST ALL THE ONES ON THE SOUTH BEING 20 FEET, BUT ALSO WE CAN DO NO VARIANCE 20 FEET ON, ON THESE TWO SECTIONS.
UM, AND IT HAS TO DO WITH THE RETAINING WALLS AND THE TOPOGRAPHY OF THESE SEPARATE SECTIONS.
AND THE 16 I I'M GONNA ASK YOU AGAIN, THE 21 LOTS THAT ARE 16 FEET.
WHICH ONE ARE THOSE? IT IS THIS SET OF EIGHT.
THIS SET OF EIGHT FRONTING FREDERICK RIDGE.
AND THEN THIS 1, 2, 3, 4, 5 IN THIS LOWER SOUTHWESTERN CORNER.
SO DO YOU MIND IF I READ THIS? OKAY.
AS EXHIBIT PRESENTED? YEAH, AS EXHIBIT PRESENTED.
SO THAT WAY IT JUST COVER, WELL, I'M GONNA BE A LITTLE MORE SPECIFIC THAN OKAY.
I CAN GIVE YOU, IF YOU GIVE ME JUST ANOTHER MINUTE, I CAN GIVE YOU LOT ALREADY.
OH, I'M ALREADY HAVE IT RIGHT IN FRONT OF ME.
YOU GOT A PLAID IN FRONT OF YOU.
SO REGARDING CASE NUMBER BO A DASH 26 DASH 3 0 1 7 6, I MOVE TO THE BOARD OF ADJUSTMENT GRANT.
UH, GRANT A REQUEST BY KILLING GRIFFIN AND FAIRMONT PLLC FOR A, WE'RE GONNA START WITH THE UM, TWO FOOT, A TWO FOOT VARIANCE ON THE MINIMUM REQUIRED TWO FOOT GARAGE SETBACK TO ALLOW A 18 FOOT GARAGE SETBACK LOCATED, UH, ON ALL LOTS ON THE NORTH SIDE OF GLEN MARTIN.
THAT'S, UH, WITH THE ADDRESS 72 15 THROUGH 73 31.
AND A FOUR FOOT VARIANCE FROM THE, FROM THE, UH, MINIMUM REQUIRED 20 FOOT GARAGE SETBACK TO ALLOW A 16 FOOT GARAGE SETBACK, UH, LOCATED ON ALL LOTS ON THE EAST SIDE OF FREDERICK VISTA.
BEING ADDRESSES 7,002 TO 7,030.
AND THEN ON THE EAST SIDE OF FREDERICK RIDGE, UH, WITH THE ADDRESS 7,002 TO 7,030 FREDERICK RIDGE AND THE FIVE LOTS EAST, THE FIVE WESTERNMOST LOTS SOUTH OF WAR WARBLER COVE WITH THE ADDRESSING OF 73 14 TO 73 30 WARBLER COVE.
[02:20:01]
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 HAS EMITTED, RESULTED IN UNNECESSARY HARDSHIP.SPECIFICALLY WE FIND THAT ONE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST IN THIS CASE WOULD BE ADEQUATE SPACE.
AND FURTHER THE FRONT IS, IT WOULD BE ADEQUATE SPACE BETWEEN PROPERTIES IN THE ROADWAY DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE AWARENESS OF RESULTED IN UNNECESSARY HARDSHIP, SPECIAL CONDITION ON THIS PROPERTY OF THE LOCATION OF THE EXISTING AND PROPOSED GARAGES, LEAVING LITTLE ROOM LENGTHWISE FOR BOTH THE DESIGN AND DEVELOPMENT OF THE REQUIRED SETBACKS.
THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SUCH VARIANCE WILL BE IN THE SPIRIT OF THE ORDINANCE BY DEVELOPING RESIDENTIAL PROPERTY WITH SUFFICIENT SPACE BETWEEN THE STRUCTURE OF THE SURROUNDING DEVELOPMENT.
THE REDUCED SETBACK FOR ALL LOTS WOULD LEAVE THE NECESSARY ROOM AS INTENDED BY THE CODE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WOULD NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER CENTRAL CHARACTER OF THE DISTRICT, WHICH THE PROPERTY IS LOCATED.
BUT GRANTING THIS VARIANCE SHOULD NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS.
IS THERE A SUFFICIENT SEPARATION? AND THE VARIANCE WOULD NOT REDUCE VISIBILITY.
SIX, APPLY TO THE OWNER OF THE PROPERTY WHICH VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
UNIQUE CIRCUMSTANCES IS NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT TO THE PROPERTY OWNERS DUE TO THE UNIQUE CIRCUMSTANCES OF THE SIDES AND THE LOTS IN THE DEPTH OF THE FRONT YARD, WHICH IS LIMITS THE AVAILABLE SPACE FOR THE ESTABLISHMENT OF A GARAGE THAT MEETS SETBACK REQUIREMENTS AND OF MOTION.
BY COMMISSIONER STEVENS, I HAVE NO PROBLEM SUPPORTING THIS.
UM, VERY SPECIFIC FOR THESE VERY SMALL, LEGALLY PLANTED LOTS.
THIS IS EXACTLY WHAT I WAS ASKING FOR, SO I'M SATISFIED.
ALRIGHT, ANY OTHER COMMISSIONERS LIKE TO ADD MY ONLY WITH THAT IT PROVIDES A PATH ALSO FOR THE HOMES THAT ARE UNDER CONSTRUCTION THAT THERE'S NO IMPACT TO THOSE HOMES.
WHAT A GREAT, WHAT A GREAT COMPROMISE.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
ALL RIGHT, WE ARE ON MOVING ALONG.
ALRIGHT, ITEM NUMBER SEVEN IS BO 8 2 6 1 0 3 0 0 1 5 8.
APPLICANT BEING RICARDO RAE, LOCATED WITHIN CITY COUNCIL.
DISTRICT THREE LOCATED AT ONE 30.
NED RUB DRIVE, ZONING BEING R FOUR SINGLE FAMILY DISTRICT.
UM, THIS BEING A REQUEST FOR A 10% VARIANCE FROM THE MAXIMUM 50% FRONT YARD IMPERVIOUS LIMITATION TO ALLOW A FRONT YARD WITH 60% IMPERVIOUS COVER.
THE VARIANCE REQUEST ORIGINATED FROM THE APPLICANT'S INTENT TO PROVIDE A DRIVEWAY, UH, SLASH WALKWAY THAT EXCEEDS THE MAXIMUM FRONT YARD IMPERVIOUS COVER LIMITATION OF 50%.
IF THE APPLICANT PANS PLANS TO CONCRETE BEYOND THEIR PROPERTY LINE, THEY WOULD NEED TO COORDINATE WITH, UH, THE PUBLIC WORKS DEPARTMENT.
THE PROPERTY OWNER RECENTLY HAS STARTED A CARPORT, WHICH BY THEIR SIDE PLAN HAS THE APPROPRIATE SETBACKS.
SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDS DENIAL.
AND, UH, REGARDING THE IMPERVIOUS COVER AND BO A 2 6 1 0 3 0 0 1 5 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REQUEST APPEARS TO BE BASED ON THE DESIRED LAYOUT OR AMOUNT OF PAVING RATHER THAN AN UNAVOIDABLE CONDITION UNIQUE TO THE PROPERTY.
TWO, THE REQUEST COULD POTENTIALLY REDUCE THE AMOUNT OF PERMEABLE AREA INTENDED TO PROVIDE LANDSCAPING DRAINAGE RELIEF, UH, BETWEEN THE PROPERTY AND PUBLIC RIGHT OF WAY.
ZERO IN FAVOR, OPPOSITION, UH, NO VOICEMAILS RECEIVED AND NO RESPONSE FROM THE HIGHLAND HILLS NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES OUR PRONUNCIATION.
SO THE ONLY QUESTION I HAVE IS, I THOUGHT THE LAST TIME WE TALKED ABOUT THIS, THAT THE, THE CARPORT DIDN'T COUNT TOWARDS THE IMPERVIOUS COVER.
IT LOOKS LIKE IT'S ALL, IT'S GRASS UNDER A LOT OF THE CARPORT.
AM I, IS THAT, AM I MISSING SOMETHING? I'M, I'M QUITE CERTAIN IT, IT'S WHERE YOU CAN SEE HERE THAT ON THE ORANGE IT'S MAYBE NOT THE BEST, BUT THAT'S WHERE THEY INTEND TO.
I I WOULD ALSO SAY THAT I'M, I'M QUITE CERTAIN THAT ROOFS INCLUDING CARPORTS, DO COUNT AS IMPERVIOUS COVERAGE.
YEAH, WE, WELL, I, I'M BRINGING 'CAUSE WE, THE QUESTION CAME UP AND STAFF HAD SAID IT'S ONLY WHAT'S
[02:25:01]
ON THE GROUND.I KNOW WHAT YOU'RE SAYING, BUT I'M JUST, I'M JUST TELLING YOU WHAT WAS EX YOU KNOW, WHEN WE ACT GOT TRY TO GET AN ANSWER, BUT, AND THAT'S STILL THE CASE.
Y'ALL DON'T CARE ABOUT Y'ALL DON'T, YOU DON'T.
IT SOUNDS LIKE A UDC AMENDMENT, BUT Y'ALL DON'T CARE ABOUT, UM, LIKE A CARPORT OVER GRASS.
I I SHOULD OPPOSE THAT DIFFERENTLY.
IS THE INTERPRETATION THAT YOU ONLY LOOK AT THE GROUND, RIGHT? IT'S, IT'S ON WHAT'S ON THE GROUND IS HOW THE UDC DESCRIBES IT.
I UNDERSTAND WHAT YOU'RE SAYING.
SO LET'S HAVE THE A COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
UM, OH, AND JUST ONE LAST THING.
I'M RIGHT IN FRONT OF YOU, BUT FOR EVERYONE ELSE, THEY NEED YOU TO BE IN THAT.
I THINK THE VARIANCE IS NOT REALLY 60.
I THINK THEY, UH, UH, ROUNDED IT UP.
IT MIGHT BE LIKE SOMEWHERE 56%, BUT, UM, WE CAN, I MEAN WE CAN SHORTEN IT A LITTLE BIT.
WE JUST NEED THE CEMENT UNDER THE CARPORT TO PARK THE CARS.
SO, BECAUSE SHE HAS TROUBLE PARKING OUTSIDE THE STREET, 'CAUSE OF THE, MY CAR WON'T CLEAR THE DRIVEWAY.
IT LITERALLY DRAGS AND THERE'S NOTHING SPECIAL ABOUT MY CAR.
IT'S NOT LIKE LOWERED OR ANYTHING LIKE THAT.
I JUST CAN'T PULL IN WITHOUT, WITHOUT SCRAPING.
BUT YOU, BUT BECAUSE YOU'RE NOT, ARE YOU TRYING TO AUGMENT THE DRIVEWAY WITH AS WELL? OR ARE YOU JUST TRYING TO GET IT TO WHERE YOU CAN TURN AND THEN COME AND THEN GET IN? IS THAT WE WANNA WIDEN THE ENTIRE DRIVEWAY.
THE, OKAY, SO YOU'RE GOING TO THE MAX 20 FOOT FOR A SINGLE FAMILY HOUSE? YEAH.
QUESTIONS ON THE COMMISSION? YOU ONE SPEAKER.
WELL, UH, WHAT WE'RE GONNA DO IS WE'RE GONNA HEAR FROM THE SPEAKER AND THEN WE'RE GONNA SEE IF THERE'S ANY QUESTIONS OR SEE HOW THAT TURNS OUT.
LET'S HAVE A SPEAKER COME FORWARD.
WELL, THAT WAS QUICK
WELL 'CAUSE I, I I THOUGHT WE HAD TO SIGN IT OUT THERE.
I DON'T KNOW IF THAT'S WHAT YOU'RE TALKING ABOUT.
THE WAY THIS WORKS IS YOUR APPLICATION ASKS FOR A 10% VARIANCE TO GET IT TO 60%.
YOU, YOU'VE EXPRESSED THAT PERHAPS IT WOULD BE LESS THAN THAT.
UH, THIS BOARD, UH, THE, THE MINIMUM'S 50%.
BUT THIS BOARD CAN ENTERTAIN ANYTHING BETWEEN 50 AND WHAT YOU ASKED FOR.
UM, AND SO, YOU KNOW, OBVIOUSLY IF IT'S 50%, YOU DON'T NEED TO BE HERE.
BUT IS 55% GONNA GET YOU WHERE YOU NEED TO BE? CAN YOU MAKE THAT WORK? YEAH.
UH, I MEAN, 'CAUSE I REALLY DON'T THINK IT WAS 60.
I THINK IT'S, UH, I THINK WE, UH, ROUNDED IT OFF A LITTLE BIT OR SOMETHING, BUT WE CAN, WE CAN MAKE IT A LITTLE NARROW.
SO CHAIR, MAY I ASK SOMETHING? YES.
UM, SO ARE YOU GO, YOU WANNA MAKE YOUR, YOUR DRIVEWAY WIDER? UH, ARE YOU GONNA PUT MAKE THE APRON WIDER AS WELL OF, OF YOUR DRIVEWAY SO THAT YOU CAN GET INTO YOUR, UNDER YOUR CAR? YES.
YEAH, I GUESS WE WANT TO TRY TO GO FROM LIKE THE POLE TO POLE AND JUST COME STRAIGHT OUT SPEAKING TO THE MICROPHONE, PLEASE.
OH, I'M SORRY, YEAH, FROM POLE TO POLE AND JUST COME STRAIGHT OUT LIKE THE TWO CAR LENGTHS TO TWO WIDTH.
WELL, THE, THE, THE WIDEST DRIVEWAY YOU CAN HAVE IN A RESIDENTIAL HOUSE IS 20 FEET.
SO YOU MIGHT BE A LITTLE LESS THAN THAT, BUT, YOU KNOW, AND THE, AND THE CONCRETE BETWEEN THE PROPERTY LINE AND THE FACE OF CURB DOESN'T COUNT IN THE 50%.
SO IT'S REALLY JUST BECAUSE THAT, THAT CARPORT IS A 25 WIDE AND I MEAN 20 WIDE, 25 DEEP.
SO YEAH, YOU PROBABLY WILL BE ABLE TO PUT A 20 FOOT.
BUT BACK TO THE QUESTION, UM, YOU KNOW, WE DO NEED TO HAVE NINE VOTES.
IS THERE A NUMBER THAT YOU COULD LIVE WITH THAT WE CAN ENTERTAIN? UH, LIKE 55 OR, SURE.
AND I'M SAYING LIKE, I REALLY DON'T THINK IT'S 60.
I I THINK IT'S ALREADY A LITTLE LESS THAN THAT.
BUT WE CAN GO A LITTLE LESS THAN THAT TOO, JUST TO GET IN THAT LITTLE, THAT AREA.
IT ALSO APPEARS THAT THERE'S A RIBBON AND DRIVE WHERE THE TRUCK IS.
OR ARE YOU GONNA KEEP THE RIBBON DRIVE? NO, WE'RE GONNA, NO, WE'RE GONNA, IT'S GONNA ALL SO YOUR PLANS, ALL YOUR, YOUR PLAN, YOUR CALCULATION INCLUDED IN PAVING THE RIBBON DRIVE? YES.
I'M GONNA HAVE TO RIP ALL THAT OUT AND, AND PUT A OKAY.
SO WITH THAT, UM, I THINK WE'RE READY TO MAKE WHOEVER WOULD LIKE TO MAKE A MOTION WE CAN.
UH, I JUST GOT ONE QUESTION AND I WANNA MAKE SURE THAT I'M LOOKING AT THAT
[02:30:01]
CORRECTLY.SO THERE'S NO SIDEWALKS ON YOUR STREETS, CORRECT? THERE'S SIDEWALK, THERE'S NO SIDEWALKS CURRENTLY.
THAT'S WHAT I WANTED TO DOUBLE CHECK.
WHO WOULD LIKE TO MAKE A MOTION? I ZONA COMMISSIONER ZUNA REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 3 58, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A, LET'S SAY A, UH, 11 FOOT, 11% VARIANCE, THE MAXIMUM 50% LIMITATION TO ALLOW FRONT YARD WITH 60% IMPERVIOUS COVER.
AND THAT WOULD MAKE IT I GUESS 50, UM, 56%, RIGHT? IS THAT WHAT WE'RE LOOKING AT OR? SURE.
JUST TO GIVE YOU THAT ONE EXTRA LITTLE PIECE OF SAFETY INSURANCE IF YOU WILL.
UH, SO WE'RE LOOKING AT A 56% IMPERVIOUS COVER LIMITATION SITUATED AT ONE 30, UH, NED RUB DRIVE APPLICANT BEING RICARDO STE, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THERE ARE LITTLE ENFORCEMENT OF THE PROVISIONS.
SO THE UDC HAS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
ADEQUATE SITE DRAINAGE AND LANDSCAPING CAN BE MAINTAINED AND THE REQUEST WOULD REMAIN COMPATIBLE WITH THE SURROUNDING AREA.
TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO THE PROPERTY SITE CONFIGURATION AND PHYSICAL LIMITATIONS.
STRICT COMPLIANCE WITH THE FRONT YARD IMPERVIOUS COVERED LIMITATION WOULD UNNECESSARILY RESTRICT REASONABLE USE AND DEVELOPMENT OF THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WOULD ALLOW REASONABLE DEVELOPMENT WHILE MAINTAINING THE OVERALL INTENT OF THE ORDINANCE.
THE REQUESTED INCREASES APPROPRIATE GIVEN THE PROPERTY'S CONDITIONS AND WOULD PROVIDE SUBSTANTIAL JUSTICE WITHOUT CREATING SIGNIFICANT IMPACTS.
AND FOUR, THE VARIANCE WERE NOT AUTHORIZED THE OPERATIONS OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH, UH, FIVE SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURED THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUESTED INCREASE IN, IN IMPERVIOUS COVER WILL NOT SUBSTANTIALLY INJURE ADJACENT PROPERTIES FOR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT.
PROPOSED DEVELOPMENT WILL REMAIN COMPLIANT UNCOMPATIBLE WITH THE SURROUNDING RESIDENTIAL CHARACTER AND SEEK, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SAW IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND NOT DUE, THEY'RE NOT MERELY FINANCIAL, THEY'RE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS.
THE DISTRICT WHICH THE PROPERTY IS LOCATED, THE REQUEST IS BASED ON THE PROPERTY'S UNIQUE PHYSICAL CONFIGURATION IN THE SITE AND SITE LIMITATIONS THAT RESTRICT THE AVAILABLE AREA FOR REASONABLE DEVELOPMENT.
THESE CONDITIONS ARE SPECIFIC TO THE PROPERTY, NOT MERELY FINANCIAL OR NA IN NATURE AND ARE NOT CREATED BY THE OWNER.
SECOND BY COMMISSIONER MANOCK? COMMISSIONER ZU.
YEAH, SO, UH, I, YEAH, I'M SUPPORTING THE MOTION AS READ.
UM, I GAVE HIM A LITTLE BIT OF INSURANCE THERE AT 56% IMPERVIOUS COVER.
UM, I THINK THE, UH, THE EXISTING, I'M SORRY, THE EXISTING, UM, UH, PARKING GARAGE STRUCTURES, UH, IS, IS COMPLIANT WITH ALL THE VARIANCES.
SO THE ONLY UH, RELIEF THEY'RE SEEKING HERE IS JUST THE IMPERVIOUS COVER, WHICH I THINK WE'RE KIND OF KEEPING IT WITHIN, UH, SAFETY GUARD RAILS HERE FOR ALLOW THEM TO USE THE PROPERTY.
COMMISSIONER MANNA? UM, I CONCUR WITH MY COLLEAGUE AND SO ACTUALLY ALMOST DIRECTLY ACROSS THE STREET IS ANOTHER PROPERTY THAT LOOKS LIKE THEY DID A SIMILAR THING AND UM, PUT IN A DOUBLE WIDTH DRIVEWAY, WHICH I THINK IS FINE IN THIS COMMUNITY.
SO, UM, I'LL BE SUPPORTING THIS MOTION.
ALRIGHT, IS THERE ANYONE ELSE LIKE TO ADD? HEARING NONE THIS HAVE A ROLL CALL.
COMMISSIONER OZUNA? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
SO MOTION PASSES, UH, 10 TO ZERO IF YOU HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF, BUT 56 PERCENT'S A MAGIC NUMBER ABOUT THE PERMIT.
ITEM NUMBER EIGHT, BO OA DASH 26 DASH 0 360 1.
LOCATED AT 2 2 3 YELLOWSTONE STREET.
THE REQUEST IS FOR ONE A THREE FOOT VARIANCE FROM THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW TWO FOOT SIDE SETBACK ON THE WEST SIDE.
PROPERTY LINE TWO A NINE FOOT EIGHT EIGHT INCH VARIANCE IN THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION STANDARD TO ALLOW A FIVE FOOT FOUR INCH DRIVEWAY CLEAR VISION.
THE SUBJECT PROPERTY IS ADDRESSED OFF OF YELLOWSTONE STREET.
THE VARIANCE REQUEST IS A RESULT OF THE APPLICANT WANTING TO CONSTRUCT AN ADDITION TO THE HOUSE AND REQUESTING A REDUCED SETBACK FOR THE ADDITION TO BE THREE FEET FROM THE WEST SIDE PROPERTY LINE PER STAFF'S VISIT TO THE SITE
[02:35:01]
IN AUGUST OF 2026.THE CONSTRUCTION HAD NOT BEEN STARTED YET.
STAFF ALSO OBSERVED CONDITIONS THAT NECESSITATED AN ADDITIONAL REQUESTS FOR THE DRIVEWAY.
CLEAR VISION, STREET, STREET VIEW PHOTOGRAPHY SHOWS DEFENSE WAS CONSTRUCTED AFTER JANUARY, 2022.
AND NO OFFENSE PERMITS WERE APPLIED FOR.
STAFF RECOMMENDS DENIAL FOR THE SIDE SETBACK AND DRIVEWAY CLEAR VISION VARIANCES BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE PROPOSED RENOVATIONS HAVE NOT BEEN STARTED YET AND COULD STILL BE PLANNED TO ADHERE TO UDC SETBACK REGULATIONS.
THE REDUCED SETBACK VARIANCE WOULD LEAVE INSUFFICIENT ROOM TO MITIGATE POTENTIAL FIRE CONCERNS AND WATER RUNOFF ONTO AB BIDDING PROPERTIES.
THE REDUCED CLEAR VISION VARIANCE IF GRANTED WERE REDUCED TO VISIBLE SPACE FOR DRIVERS NAVIGATING THE NEIGHBORHOOD STREET AS WELL AS REDUCED VISIBILITY FOR DRIVERS UTILIZING THE SUBJECT PROPERTY DRIVEWAY.
SIX WERE RECEIVED BACK IN FAVOR.
THERE'S ZERO VOICEMAILS RECEIVED.
AND ROOSEVELT PARK NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.
THIS CONCLUDES STAFF'S PRESENTATION.
A LOT OF THE LOTS IN THIS AREA, THEY HAVE, THERE ARE THREE FOOT SETBACK, THEY'RE OLDER.
FROM THE, I DON'T KNOW WHAT YEAR THIS, UH, IT WAS LOTS WERE CREATED.
AND SECONDLY IS THERE HAVE BEEN HISTORIC REVIEW OF ANY PLANS? LEMME GO CHECK.
IT'S GOT AN H AFTER THE ZONING.
THAT'S WHY I WAS ASKING ALL THIS.
SO THE APPLICANT COME FORWARD.
STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT.
MY NAME'S DANIEL MEISINGER, UH, FOR 2 23 YELLOWSTONE.
UM, WHAT WE'RE LOOKING TO DO IS WE WANT TO ADD ONTO THE HOUSE.
AND WE'VE LEARNED FROM THE CITY BEFORE THAT WE GET ALL OUR PERMISSIONS FIRST, UH, BEFORE WE DO ANYTHING ELSE.
SO NUMBER ONE IS THAT SIDE OF THE STREET, THE NORTH SIDE OF THE STREET.
FOR SOME REASON, THE CITY DREW THE HISTORIC LINE DOWN THE MIDDLE OF THE STREET.
SO THE HOUSES ON THE SOUTH SIDE OF THE STREET ARE MORE OLDER THAN THE ONES ON THE NORTH SIDE OF THE STREET, BUT IT DOESN'T MATTER 'CAUSE IT'S WHAT THE CITY DID.
SO WHAT WE'RE TRYING TO DO IS, THE HOUSE RIGHT NOW IS CURRENTLY ABOUT SEVEN 800 SQUARE FEET AND IT'S A TWO BED, TWO BATH.
AND WE'RE TRYING TO MAKE IT SOMETHING A LITTLE BIT BIGGER FOR OUR FAMILY THAT WELL, THEY'LL BE ABLE TO HAVE A LITTLE BIT MORE SPACE.
SO WE'RE ASKING FOR A THREE FOOT VARIANCE ON THAT ONE SIDE OF THE HOUSE THAT WE DID.
UM, AND WE'RE ASKING FOR, WE WE'RE GONNA BE WITHIN WHATEVER WE GO TO THE HDRC FOR, FOR THE BACK OF THE HOUSE.
BUT AS YOU CAN SEE, NOT ONLY WILL OUR FAMILY BE ABLE TO LIVE THERE MORE SPACE, BUT IT'S NOT A HARDSHIP ON THE NEIGHBORHOOD OR THE COMMUNITY.
I DID PROVIDE A PRESENTATION, I DON'T KNOW IF Y'ALL HAVE THAT.
SO WE'RE JUST ASKING FOR A VARIANCE.
WE KNOW THAT THE PICTURES WILL SHOW THAT A LOT OF THE MAJORITY OF THE HOUSES IN THE NEIGHBORHOOD ARE LESS THAN FIVE FOOT VARIANCE ON THE HOUSES.
THEY RANGE ALL THE WAY FROM SIX EIGHT INCHES ALL THE WAY UP TO THE 2, 3, 4, 5 FEET.
WHAT, WHAT YEAR WAS THE HOUSE BUILT? HOUSE BUILT? 1940 I BELIEVE.
SO BACK THEN THEY HAD A THREE FOOT SIDE SETBACK.
AND SO THAT'S, THAT'S A VERY COMMON NUMBER.
UH, COULD, WOULD THREE FEET WORK INSTEAD OF TWO? NO.
I MEAN I'M ASK I'M ASKING FOR ONE FOOT.
I MEAN, IF IT'S THREE FOOT, I UNDERSTAND.
'CAUSE THE LOTS ARE ALL SMALL AND WHAT WE'RE TRYING TO DO IS MAKE THE BEST USE AS WE CAN.
I MEAN, THERE'S A LOT OF OTHER STUFF GOING ON IN THE NEIGHBORHOOD RIGHT NOW THAT I DON'T JUST WITH APARTMENTS GOING UP AND EVERYTHING ELSE GOING UP THAT FOR MY SONS, IT'S, AND US IT'S NOT TWO, TWO BEDROOM, ONE BATH'S NOT GONNA WORK.
I, I GOT PICTURES SO I'M NO, THAT, OH, SORRY.
DO WE NEED TO TALK ABOUT THAT? UH, WELL WE'RE, WE'RE ALL FAMILIAR WITH, WITH THE, WITH, OKAY.
'CAUSE I DON'T, I DIDN'T, I MEAN IT WAS RECOMMENDED THAT WE DO THIS, BUT THE CITY PUT THE STREETS IN IN 1970S, SO ALMOST 90% OF THE DRIVEWAY IS ON THAT STREET.
SO I DON'T KNOW WHY THEY'RE NOT ALL GRANDFATHERED IN, BUT THEY'RE ALL ZERO LOT LINE AWAY, SO APPROVE IT.
BUT I MEAN, THAT'S A RECOMMENDATION FROM THE CITY.
SO I'M ASKING FOR THREE FOOT VARIANCE FOR TWO FOOT.
ANYBODY HAVE ANY QUESTIONS? STEVENS? MR. STEVENS, IS THIS, UM, I'M ALSO AN ADVOCATE FOR THREE FOOT SETBACK.
I LIVE IN THE NEIGHBORHOOD AND I UNDERSTAND THE ZERO LOT LINE CONDITIONS.
IS THIS A, A SINGLE STORY ADDITION THAT YOU'RE PLANNING? CORRECT.
AND ARE YOU CONFIDENT THAT YOU CAN MAINTAIN THAT SIDE OF
[02:40:01]
THE HOUSE WITH TWO FEET? YES SIR.AND YOU'RE NOT GONNA HAVE ANY OVERHANGS, RIGHT? BECAUSE, BECAUSE IF, IF THE WALL OF THE HOME IS TWO FEET AWAY FROM THE PROPERTY LINE MM-HMM
ONCE YOU HIT BELOW THREE FEET, THE THE ROOF OVERHANGS ARE PART OF THE SETBACK.
SO ARE, ARE YOU SAYING THAT YOU'RE, ARE YOU GONNA HAVE A PITCHED ROOF? IT'S A FOUR 12 ROOF AND I HAVE TO STAY WITH A FOUR 12 BECAUSE HDRC.
BUT ARE YOU GONNA HAVE ANY OVERHANG BEYOND THE WALL? I DON'T HAVE TO, NO SIR.
BECAUSE ON, AND THE REASON I'M SAYING THIS IS BECAUSE WE GOT A, I WANNA SAY IT WAS A SIX OR AN EIGHT INCH VARIANCE FROM THE BOARD OF ADJUSTMENT ABOUT SIX YEARS AGO.
AND WE PUT ZERO OVERHANG EXCEPT THAT WE'D PUT A GUTTER ON THE HOUSE.
SO WE DID PUT GUTTERS ON THE HOUSE AND THEY APPROVED US TO DO THAT.
I'M NOT ASKING FOR SIX INCHES.
THERE'S PEOPLE HERE BACK ON THAT
ANYTHING ELSE? ANYONE? UNLESS YOU WANT ME TO CHANGE A FOOT, BUT I'LL GO TWO FEET.
IS THERE ANYONE SIGNED TO SPEAK ON THIS? NOBODY SIGNED TO SPEAK.
UH, THE CASE MANAGER FOUND SOME INFORMATION.
YEAH, I DIDN'T, I DIDN'T ASK YOU 'CAUSE I, I THOUGHT THE APPLICANT HAD MENTIONED HE HADN'T GONE TO HISTORIC YET, BUT, SORRY, WHAT'D YOU FIND OUT? I HAVE THE PRESENTATION APPLICANT MENTIONED IF Y'ALL WOULD LIKE TO SEE IT, IT'S UP TO YOU IF Y OH, SO YOU, YOU DID GO TO HISTORIC ALREADY? NO, I HAVE A PRESENTATION FOR THIS MEETING.
WHAT WOULD YOU LIKE US DO? DO YOU WANT TO SHOW IT IF Y'ALL WANNA SEE IT? I, I DON'T NEED TO.
WE'D LIKE TO MAKE A MOTION READ.
FINISH YOUR READ REGARDING CASE NUMBER BO OA 26 1 0 3 0 0 1 6 1.
I MOVE AT THE BOARD OF ADJUSTMENT GRAND.
REQUEST FOUR ONE A THREE FOOT VARIANCE IN THE MINIMUM FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW TWO FOOT SIDE SETBACK ON THE WEST PROPERTY LINE AND TWO, A NINE FOOT EIGHT VARIANCE.
UH, FOR THE MINIMUM 15 FOOT DRIVEWAY.
CLEAR VISION STANDARD TO ALLOW A FIVE FOOT, FOUR INCH DRIVEWAY CLEAR VISION SITUATED AT 2 2 3 YELLOWSTONE STREET.
APPLICANT BEING DANIEL MESS WEININGER.
UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THE PHYSICAL CARE TO THE PROPERTY IS SUCH THAT LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
UH, IN THIS CASE, THERE WOULD BE ADEQUATE SPACE FROM THE SIDE TO ALLOW PROPOSED STRUCTURE AND ADEQUATE SPACE IN THE FRONT FOR REDUCED CLEAR VISION.
TWO, DUE TO SPECIAL CONDITIONS, LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN NECESSARY HARDSHIP.
THE SPECIAL CONDITION OF THIS PROPERTY IS LOCATION OF THE EXISTING HOME IN THE DRIVEWAY, LEAVING LIMITED SPACE TO CONSTRUCT AN ADDITIONAL TO THE HOUSE AND LEAVE THE EXISTING FENCE WHILE ALSO ADHERING TO THE UDC DEVELOPMENT REQUIREMENTS.
THREE, BY GRANTING THE VARIANCE THAT SPEAR TO THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE, SUCH VARIANCE WOULD BE IN THE SPIRIT OF THE ORDINANCE AS REDUCTION OF THE SETBACK AND DRIVEWAY.
CLEAR VISION WOULD NOT CAUSE HARDSHIP TO EITHER THE PROPERTY ABUTTING THIS LOT OR THE NAV NAVIGATING THE STREET.
FOUR VARIANCE AUTHORIZED THE OPERATION OF, OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WOULD BE ALLOWED IN THIS VARIANCE.
SIX OR 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 GRAIN.
THIS VARIANCE WILL NOT SUBSTANTIALLY INJURE THE ADJACENT PROPERTY OWNERS AS THERE SUFFICIENT SEPARATION AND THE VARIANCE WOULD NOT REDUCE VISIBILITY.
PLAY OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY.
WERE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS OF THE DISTRICT.
WHICH PROPERTY IS LOCATED, THE PLAY OF THE PROPERTY OWNER IS DUE.
THE UNIQUE CIRCUMSTANCES OF THE EXISTING CONDITIONS OF THE PROPERTY, WHICH LEAVE LIMITED OPTIONS FOR DEVELOPMENT AND A MOTION.
UH, I, I'LL BE IN SUPPORT OF THIS, UH, BUT IT SEEMS REASONABLE TO ME.
YOU COMMISSIONER CRUZ? YEAH, I WILL SUPPORT THIS ALSO.
UH, AND ALSO TOO, SINCE THE NEIGHBORHOOD ASSOCIATION HAS NO OBJECTIONS AND SINCE THEY TALKED TO THEM ALREADY AND IT HAS NOT BEEN CONSTRUCTED, WHICH IS EVEN BETTER FOR YOURSELF, SIR.
AND I'D LIKE TO OFFER A FRIENDLY AMENDMENT TO HAVE IT LIMITED TO THE PLAN PRESENTED BY THE APPLICANT ON THE SETBACK.
AND THEN, UM, I DON'T KNOW IF WE HAVE TO STATE IT, BUT PREDOMINANTLY OPEN, UH, FENCE WITHIN THAT CLEAR VISION AREA.
IS IT GONNA BE A PREDOMINANTLY OPEN FENCE? WELL, IT WAS GONNA BE A PRIVACY FENCE DUE TO SOME CONCERNS WITH THE NEIGHBOR NEXT DOOR WHO LIKES TO RUN AROUND NAKED A LOT.
SO POLICE ARE INVOLVED IN THAT.
COMMISSIONER MANNA, WHAT DO YOU THINK? UM, SO THE, UM, OKAY.
PREDOMINANTLY OPEN, WELL SO FOR CLEAR VISION, IT'S IT'S THE FRONT, THE FRONT 15 FEET.
AND AND THAT'S WHAT WE'RE TALKING ABOUT HERE.
SO THEY'RE TALKING ABOUT PUTTING UP A SOLID ALL THE WAY TO THE, ALL THE WAY TO THE FRONT.
SO THE FIRST 20 FEET OF THE YARD, THE FRONT YARD WILL BE REGULAR FENCE IN FRONT.
THE EDGE OF THE HOUSE TO THE BACK
[02:45:01]
WILL BE THE PRIVACY FENCE.SO NOTHING 20 FEET IN OR 20 FEET TOWARDS THE STREET.
I'M GONNA REOPEN THE PUBLIC HEARING REALLY QUICK.
YOU'RE GONNA HAVE A PRIVACY FENCE FROM THE FRONT FACADE OF THE HOUSE TO THE BACK.
AND THEN FROM THE FRONT OF THE HOUSE TOWARDS THE STREET, IS IT GONNA BE A PRIVACY FENCE? NO.
SO IT'S, SO, SO THEN I THINK IT, IT DOES READ PREDOMINANTLY OPEN THEN.
SO THAT WAY IT, IT'S COVERED WITH REGARDS TO OKAY, SO I'M CLOSING.
SO FRIENDLY, FRIENDLY AMENDMENT FOR PREDOMINANTLY OPEN TO REFERENCE THE FENCE IN THE FRONT YARD TO BE PREDOMINANTLY OPEN.
IF WE'RE DOING CLEAR VISION, THEN THAT EXIT TO BE CLEAR VISION.
OKAY, SO LET'S HAVE A ROLL CALL VOTE.
THE MOTION, UH, IS FOR A A, A THREE FOOT VARIANCE FOR A TWO FOOT SIDE SETBACK, UH, AS, AS PER PLAN PRESENTED BY APPLICANT AND FOR A CLEAR VISION, UH, UH, WITH A PREDOMINANTLY OPEN FENCE IN THE FRONT YARD.
COMMISSIONER REED? YES, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER MAN, I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIENT AND I CONCUR WITH THE FINES.
IN FACT, A MOTION PASSES 10 TO ZERO.
ITEM NUMBER 10, BO OA DASH 26 DASH 1 0 3 180 1 LOCATED AT 1 0 0 4 2 RUIDOSA STREET ZONING IS R SIX.
THE REQUEST IS FOR ONE A TWO FOOT EIGHT INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW TWO FOOT FOUR INCH SIDE SETBACK WITH ONE FOOT OF OVERHANG ON THE NORTH SIDE.
PROPERTY LINE TWO, AN EIGHT INCH VARIANCE IN THE MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A NINE FOOT FOUR INCH FRONT SETBACK.
THE SUBJECT PROPERTY IS LOCATED ALONG RUDO STREET, NEAR THE INTERSECTION WITH SOCORRO STREET.
THE PROPERTY IS LOCATED WITHIN AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD WITH PROPERTIES OWNED R SIX AND FR ABUTTING THE REAR OF THE PROPERTY TO THE EAST.
THE CASE ORIGINATED FROM THE APPLICANT SUBMITTING A RESIDENTIAL BUILDING PERMIT FOR THE EXISTING DWELLING.
DUE TO THE AMOUNT OF PROPOSED WORK, THE STRUCTURE WOULD BE REQUIRED TO ADHERE TO CURRENT UDC REGULATIONS SUCH AS SETBACK REQUIREMENTS PER STAFF'S VISIT TO THE SITE IN SEPTEMBER OF 2026.
THE DWELLING EXISTS AND RENOVATIONS HAVE NOT BEEN STARTED YET.
THE PROPOSED LEVEL OF RENOVATION EXCEEDS THE ALLOWABLE THRESHOLD THRESHOLD FOR MAINTAINING THE STRUCTURE AS NON-CONFORMING.
THE SCOPE OF WORK EXCEEDS 50% OF THE STRUCTURE'S REPLACEMENT COSTS, THUS TERMINATING THE RIGHT TO MAINTAIN THE STRUCTURE AS NON-CONFORMING.
THE ORIGINAL REQUEST WAS SUBMITTED FOR THE SIDE SETBACK.
HOWEVER, STAFF ALSO OBSERVED CIRCUMSTANCES THAT WARRANT THE NEED FOR FRONT SETBACK REQUIREMENT.
STAFF RECOMMENDS DENIAL FOR THE SIDE SETBACK BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE REDUCED SIDE SETBACK VARIANCE WOULD LEAVE INSUFFICIENT ROOM TO MAINTAIN THE RESIDENCE AND MITIGATE POTENTIAL FIRE HAZARDS AND WATER RUNOFF TO THE PROPERTIES OF THE NORTH.
THERE'S ADEQUATE SPACE ON THE PROPERTY TO COMPLY WITH THE SIDE SETBACK REQUIREMENTS AND MAINTAIN A RESIDENTIAL DWELLING STAFF.
BECKMAN'S APPROVAL FOR THE FRONT SETBACK BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE REDUCED FRONT SETBACK IS A MODEST DEVIATION FROM THE CODE AND WOULD LEAVE SUFFICIENT ROOM TO MAINTAIN THE PROPERTY IN ADEQUATE DISTANCE FROM THE RIGHT OF WAY.
AND SURROUNDING STRUCTURES TO THE RESIDENCE IS EXISTING AND WOULD PROVE DIFFICULT TO MOVE OR RECONSTRUCT TO MEET THE REQUIRED FRONT SETBACK.
ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
THERE'S ZERO VOICEMAILS RECEIVED AND VIA CORONADO NEIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE.
THIS CONCLUDES STAFF'S PRESENTATION.
SO JUST TO BE CLEAR ON, ON THE, UH, WITH THE ONE FOOT OVERHANG ON THE SIDE SETBACK, THAT MEANS THE PLANE, THE PLANE OF THE SIDEWALL IS THREE FOOT FOUR INCHES AWAY BECAUSE IT'S ONE FOOT OVERHANG.
THE FROM THE PROPERTY LINE TO THE STRUCTURE IS TWO FEET, FOUR INCHES AND IT HAS ONE FOOT OVERHANG.
SO, SO THE STRUCTURE'S TWO FOOT FOUR AND THEN THE, SEE WHEN YOU, WHEN STAFF WRITES IT LIKE THAT, I KEEP THINKING THAT YOU'RE INCLUDING THE OVERHANG AS PART OF THE SETBACK.
WE'RE WE'RE SAYING ONCE IT GETS TO THREE FEET OR LESS, WE'RE TRYING TO JUST SAY IT THE TOTAL, I KNOW YOU'RE INCLUDING IT, BUT WHAT I'M GETTING AT IS I THOUGHT THAT THEY, WHEN THEY WOULD READ IT, THEY
[02:50:01]
WOULD SAY RIGHT, THE ACTUAL WALL BUILDING.SO THE WALL IS THREE FOOT, FOUR INCHES.
THAT'S WHAT I WAS TRYING TO, YEAH.
SO, SO THERE'S TWO FOOT INCHES OF OPEN SKY? YES.
AND THEN, UH, THEY'RE NOT INCREASING THE HOUSE IN ANY WAY.
THE, THE FOOTPRINT, THEY'RE JUST TRYING TO WORK ON WHAT'S THERE.
THEY'RE JUST TRYING TO RENOVATE THE HOUSE.
HOWEVER, YOU COULD ALSO ASK THE APPLICANT THAT WHICH IS HERE.
LET'S HAVE THE APPLICANT COME FORWARD.
PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
VANESSA SUAREZ AND I'M, WE ARE RIO SUAREZ AND WE ARE THE OWNERS OF, UH, 1 0 0 4 2 OSA.
UH, WE BOUGHT THIS HOUSE WITH OUR SAVINGS, UH, TO, UH, FOR OUR CHILDREN.
AND, UM, NOT KNOWING, YOU KNOW, THE ONLY THING WE, YOU KNOW, RENOVATED, UM, I DO HAVE LIKE OLD PICTURE.
I DON'T KNOW IF THAT'S AN OLD PICTURE THAT I GOT OUT.
UM, AND THEN IF YOU JUST SWIPE IT, UM, HOW IT LOOKS NOW.
UM, WE DID NOT KNOW, YOU KNOW, IT WAS, YOU KNOW, WE JUST CHANGED THE SIDING AND, YOU KNOW, BUT YOU DIDN'T, YOU DIDN'T INCREASE THE FOOTPRINT IN ANY WAY? NO, NO, NO, NO.
HOW, HOW YOU SEE IT THAT, HOW, THAT'S HOW IT LOOKED BEFORE.
UM, THAT'S HOW, THAT'S AN OLD, OLD PICTURE THAT I, THAT I GOT.
UM, SO NOW IT LOOKS LIKE THIS.
WE STOPPED, UM, I HAVE A LETTER FROM MY NEIGHBORS.
UM, IT'S THE, ONE OF MY NEIGHBORS BEEN LIVING THERE FOR 41 YEARS.
AND THE O THE WHERE THE SIDE IS, UM, I DON'T KNOW HOW IF I EXPLAIN, BUT IT'S, UM, THE, THE LOT IS BA VACANT, YOU KNOW.
NO, NOBODY'S LIVED THERE FOR 41 YEARS.
I DON'T THINK, YOU KNOW, UM, LIKE I SAID, UM, WE DIDN'T, THE ONLY RENOVATION WE ARE DOING IS LIKE THE, UH, UH, WHAT IS IT CALLED? THE, UM, THE SIDING.
WE CHANGED THE SIDING AND IT WAS A LIM, UM, A ROOF.
UH, THE ROOF WAS METAL AND WE DID ROOF, THE REGULAR ROOFING.
UM, JUST TO, YOU KNOW, SO IT CAN LOOK DECENT FOR, YOU KNOW, OUR FAMILY.
ANY QUESTIONS FROM THE COMMISSION? ALRIGHT, IS ANYONE SIGNED UP TO SPEAK? NOBODY SIGNED US TO SPEAK.
ALRIGHT, WELL WE'RE GOING TO, UH, ASK FOR A MOTION TO SEE HOW THIS TURNS OUT.
WHO'D LIKE TO MAKE A MOTION ON THIS STEVENS COMMISSIONER STEVENS REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 8.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST BY VANESSA SUAREZ FOR ONE, A TWO FOOT EIGHT INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A TWO FOOT FOUR INCH SIDE SETBACK WITH A ONE FOOT OF OVERHANG ON A NORTH SIDE, NORTH SIDE PROPERTY LINE.
AND TWO, AN EIGHT INCH VARIANCE FROM THE MINIMUM REQUIRED 10 FOOT FRONT SETBACK TO ALLOW A NINE FOOT, FOUR INCH FRONT SETBACK LOCATED AT 10 0 42 RUA STREET.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REDUCED FRONT AND SIDE SETBACKS WOULD STILL LEAVE SUFFICIENT ROOM TO MITIGATE FIRE SPREAD AND WATER RUNOFF INTO THE ABUTTING PROPERTIES.
TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE RESIDENCE IS EXISTING AND A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A RELOCATION OF THE STRUCTURE INSTEAD OF PERMITTING ADHERENCE TO MODEST SETBACK REDUCTIONS.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SUCH VARIANCES WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE REQUESTED SETBACK.
VARIANCE WOULD STILL LEAVE SUFFICIENT ROOM TO MITIGATE THE POTENTIAL IMPACTS OF FIRE SPREAD AND WATER RUNOFF, WHICH IS THE INTENT OF THE CODE.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST IS A MODEST DEVIATION FROM THE CODE AND WOULD LEAVE SUFFICIENT ROOM TO MAINTAIN THE PROPERTY IN ADEQUATE DISTANCE FROM THE RIGHT OF WAY AND SURROUNDING STRUCTURES.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUM CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO THE UNIQUE CIRCUMSTANCES, SPECIFICALLY THE RESIDENCE IS EXISTING AND WOULD PROVE DIFFICULT TO
[02:55:01]
MOVE OR RECONSTRUCT AN ORDER TO MEET THE REQUIRED FRONT SETBACK.SECOND BY COMMISSIONER MANOCK.
THIS IS PRETTY STRAIGHTFORWARD AND I'LL BE IN FULL SUPPORT.
COMMISSIONER MANOCK, UH, I CONCUR WITH MY COLLEAGUE.
JUST AS A, A NOTE HERE THOUGH, THAT THERE MAY BE SOME REQUIREMENTS OF ADDITIONAL BUILDING MATERIALS WHEN YOU GO GET, UH, UH, CODE COMPLIANCE WITH REGARDS TO HOW CLOSE YOU ARE TO, UM, THAT SIDE PROPERTY LINE.
AND SO THERE MAY BE SOME ADJUSTMENTS YOU NEED TO DO AND SO THEY'LL LET YOU KNOW AS YOU KIND OF GO THROUGH THAT.
UH, WILL THE MAKER OF THE MOTION, UH, AGREE TO, UH, ADDING TO, UH, REFERENCE THE LOCATION OF THE EXISTING HOME? ABSOLUTELY.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER UNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINES OF FACT.
HAPPEN TO HAVE ANY QUESTIONS YOU CAN GET WITH STAFF.
ITEM 11, BO OA DASH 26 DASH 1 0 3 0 180 2 LOCATED AT FIVE 10 DIVINE STREET.
THE REQUEST IS FOR ONE, A 175 SQUARE FOOT VARIANCE FROM THE MAXIMUM 800 SQUARE FEET TO ALLOW ONE ACCESSORY DWELLING UNIT TO BE 975 SQUARE FEET.
TWO A FOUR FOOT 11 INCH VARIANCE TO THE MINIMUM REQUIRED FIVE FOOT REAR SETBACK TO ALLOW ONE INCH REAR SETBACK FOR AN ACCESSORY DWELLING UNIT.
THE SUBJECT PROPERTY IS LOCATED ALONG DIVINE STREET WITHIN AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD AND HAS ACCESS FROM SADIE STREET SURROUNDING PROPERTIES ARE ZONED.
THE CASE ORIGINATED FROM A SUBMITTED RESIDENTIAL BUILDING APPLICATION FOR THE EXPANSION OF AN ACCESSORY STRUCTURE IN THE REAR YARD TO BUILD AN ACCESSORY DOLING UNIT PER SAS VISIT TO THE SITE IN SEPTEMBER, 2026.
AN EXISTING ACCESSORY STRUCTURE WAS PRESENT AND CONSTRUCTION HAD NOT BEEN STARTED.
THE REAR OF THE SUBJECT PROPERTY ABOVE SADIE STREET, A ROADWAY SEGMENT EXTENDING LESS THAN ONE QUARTER MILE WITH THE REAR PORTIONS OF PROPERTIES LOCATED ALONG BOTH SIDES OF THE STREET.
IF SADIE STREET RECLASSIFIED AS AN ALLEY, THE SETBACK VARIANCE WOULD NOT BE REQUIRED.
STAFF ALSO OBSERVED SEVERAL ACCESSORY STRUCTURES ALONG SADIE STREET THAT APPEAR TO BE LOCATED INSIDE THE REQUIRED FIVE FOOT REAR SETBACK.
THE PROPERTY CURRENTLY HAS A HOMESTEAD EXEMPTION FROM BEAR COUNTY.
THE ISSUANCE OF A RESIDENTIAL BUILDING PERMIT IS PENDING THE BOARD OF ADJUSTMENT OUTCOME.
THIS IS SUBJECT PROPERTY, THE VIEW FROM DIVINE STREET.
THIS IS THE SUBJECT PROPERTY VIEW FROM SADIE STREET.
IS THIS THE SURROUNDING AREA FROM DIVINE STREET? THIS IS SURROUNDING AREA FROM SADIE STREET.
STAFF RECOMMENDS DENIAL FOR THE A DU SQUARE FOOTAGE VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT.
THE A DU EXCEEDS THE 800 SQUARE FOOT MAXIMUM INTENDED TO MAINTAIN THE ACCESSORY AND SUBORDINATE NATURE OF THE DWELLING.
TWO, THE REQUESTED SIZE APPEARS TO RESULT FROM THEIR PROPOSED DESIGN RATHER THAN A CONDITION INHERENT TO THE PROPERTY.
STAFF RECOMMENDS APPROVAL FOR THE REAR SETBACK VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE VARIANCE REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST AS A ONE INCH REAR SETBACK ALONG A PROPERTY LINE ABUTTING A STREET WOULD HAVE LIMITED IMPACTS TOWARDS FIRE SPREAD AND DAMAGE FROM WATER RUNOFF TO ADJACENT PROPERTY.
TWO, THE IMPACT OF THE EXISTING STRUCTURE ON THE EXISTING CHARACTER OF THE NEIGHBORHOOD IS LIMITED AS THE BACK OF THE PROPERTY ABUTS A STREET TO THE SOUTHWEST AND IS APPROPRIATELY LOCATED IN THE REAR YARD OF THE PROPERTY.
ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION.
THERE ARE ZERO VOICEMAILS RECEIVED IN LAVACCA NEIGHBORHOOD ASSOCIATION.
THIS CONCLUDES STAFF'S PRESENTATION.
SO I I NEED SOME HELP WITH THE, UH, SETBACK FOR AN ACCESSORY STRUCTURE.
UH, IT SAYS 20 FEET IS A REQUIREMENT.
I THOUGHT IT WAS A LOT LESS THAN THAT.
UH, THE 20 FEET WAS ORIGINALLY THE 20 FEET IS THE REQUIREMENT FOR THE PRIMARY STRUCTURE, BUT YES, SINCE IT'S AN ACCESSORY STRUCTURE, THAT'S WHY THE LANGUAGE NOW READS ITS F FIVE FEET.
AND THEN, UM, SO THE CREDIT YOU GET IF IT'S AN ALLEY, BUT IF IT'S A A STREET, YOU DON'T GET ANY CREDIT.
IS THERE ANY EASEMENTS ALONG THAT SIDE OF SADIE STREET, LIKE A CPS EASEMENT OR ANYTHING WHEN THEY PLANTED THAT LOT? NOT THAT I'M AWARE OF, BUT I CAN LOOK INTO IT.
YEAH, AND I'D LIKE TO, THAT'S ONE THING I WOULD LIKE TO KNOW.
IS, UH, ANY OTHER QUESTIONS WE, WE HERE FROM YEAH, MANANA, MR. MANANA? SO LOOKING AT, I MEAN, IF YOU LOOK AT THE, AT SADIE STREET ITSELF, IT LOOKS LIKE ALL OF THE STRUCTURES, UH, ACCESSORY STRUCTURES ALONG THAT STREET ARE, UH, 10 15 FEET OFF OF THE STREET ITSELF.
SO IT LOOKS LIKE THERE'S SOMETHING DRIVING, UM, WHY IT IS THAT ALL OF 'EM ARE, ARE ARE OFFSET.
[03:00:01]
SO THERE'S, THERE MUST BE SOMETHING THERE.SO I'LL ASSUME THAT THEY'LL BE ALIGNED WITH ALL THE REST OF THE STRUCTURES THERE, SO, OKAY.
AND THEN ALSO WE'VE, WE'VE HEARD CASES ON THIS, ON THIS STREET BEFORE, HAVE WE NOT? SO THE NAME SOUNDS VERY FAMILIAR AND SOME OF THE LOTS LOOK FAMILIAR.
SO I'VE SEEN RECALL A RECENT CASE AND MAYBE WE CAN UNDERSTAND IT, HOW THAT ONE WENT.
I DO NOT HAVE YEARS OF RECORD IN MY BRAIN OF THOSE ADDRESSES, BUT I WOULDN'T SAY THAT JUST ON SADIE STREET, GOING DOWN THE STREET VIEW, IT LOOKS LIKE IT'S BEING USED AS AN ALLEY EVEN THOUGH IT'S REALLY WIDE.
I MEAN, IT'S, SO, IT'S INTERESTING.
I GUESS WE HAVE THE APPLICANTS COME FORWARD AND WHILE THEY'RE COMING FORWARD, UH, I DON'T SEE ANY EASEMENTS ON THE SURVEY.
AND IT LOOKS LIKE THERE'S ABOUT 15, 13 FEET, UH, FROM THE PROPERTY LINE TO THE ACTUAL STREET ON SADIE BEFORE IT STARTS.
YOU DON'T KNOW THE VOLUME PAGE OF THE PLAT, DO YOU? I'M JUST LOOKING AT THEIR SURVEY.
I'M PULLING UP THE P ALRIGHTY.
WELL, PLEASE STATE YOUR NAME, TELL US ABOUT YOUR PROJECT.
UM, I'M THE APPLICANT, UH, RENEE TREVINO HERE.
UM, SO THE PROPERTY, THE PRIMARY RESIDENCE WAS BUILT IN 1930.
UM, HISTORIC HOME IN LAVACCA NEIGHBORHOOD.
UM, RENEE HAS SPENT THE LAST NEARLY 20 YEARS, UM, RESTORING THE HOME TO BE HER PRIMARY RESIDENCE.
UM, IT IS A TWO ONE, UM, HOME.
UM, AND SO THE GOAL WITH THIS PROJECT IS TO CREATE ENOUGH SPACE SO THAT WHEN HER FAMILY COMES TO VISIT, THEY HAVE SOMEWHERE TO STAY.
SO, UM, BECAUSE IN A HISTORIC NEIGHBORHOOD, THERE IS THAT EXISTING HISTORIC SHED, WHICH WE'VE ALREADY GONE THROUGH THE HGRC PROCESS.
UM, HGRC HAS APPROVED THIS, UM, PLAN AS DRAWN.
UM, SO THE EXISTING HISTORIC SHED, UH, CANNOT BE DEMOLISHED OR REMOVED.
SO IT IS BEING REPAIRED IN KIND IN PLACE.
AND THEN WE'RE PROPOSING THE ADDITION OF ABOUT 500 SQUARE FEET ACROSS LIKE FOOTPRINT, UM, TO THE LEFT PLAN, LEFT OF THE EXISTING STRUCTURE.
SO IT IS THAT WIDE TO GET ENOUGH SPACE FOR A STAIRCASE THAT IS NOT THE CODE MINIMUM, BUT WOULD ALLOW SOMEONE TO AGE IN PLACE, UM, YOU KNOW, CAREGIVERS, WHATNOT, TO BE ABLE TO GET UP AND DOWN THE STAIRS.
UM, AND SO IT'S EXACTLY THAT WIDE, UM, TO BE ABLE TO DO THAT AS WELL AS CREATE ENOUGH SPACE THAT IT IS USABLE.
UM, AND, UH, UH, SORRY, DIGNIFIED LIVING SPACE, UM, ON THE FIRST AND SECOND FLOOR.
SO, UM, YES, THAT'S, THAT'S WHAT IT IS.
IT'S, UH, THE TRUE INTENTION IS THAT THE FIRST FLOOR WILL BE BASICALLY DETACHED, UM, ADDITIONAL LIVING SPACE FOR THE PRIMARY RESIDENCE WITH THE SECOND FLOOR BEING A MOTHER-IN-LAW SUITE OR A DU.
UM, BUT THERE'S NO WAY TO PERMIT THAT IN THAT WAY.
SO TRULY THE A DU IS ONLY 450 SQUARE FEET, BUT, UM, WITH PLAN REVIEW, THEY WANT TO LOOK AT THE ENTIRETY AS THE A DU AND THAT IS WHY WE'RE HERE.
UM, THE QUESTION I HAD IS, UH, IS THERE A GARAGE COMPONENT OF THIS? NO, THE, IT'S AN EXISTING SHED.
UM, IT, IT WILL NOT BE USED AS A GARAGE.
UM, IT'LL BE USED AS UNCONDITIONED OUTDOOR SPACE.
ANY COMMISSIONER QUESTIONS? MANNA COMMISSIONER MANNA.
SO WILL THIS, UH, A DU BE ACCESSED OFF OF SADIE STREET THEN? SO SO TO GAIN ACCESS AND WHAT HAVE YOU? YES.
SO, UM, IF YOU LOOK, UM, OBVIOUSLY IT'S A SITE PLAN, BUT IF YOU LOOK IN THE BOTTOM LEFT CORNER, THERE IS A DOOR THAT, UM, WHERE THAT SIDEWALK IS INDICATED.
THERE'S A DOOR THAT WILL GO TO THE BOTTOM OF THE STAIR, THEN YOU'D GO UP THE STAIR TO THE RADIO.
STEVENS COMMISSIONER STEVENS, I DON'T, I DON'T HAVE ANY ISSUE WITH THIS, BUT JUST OUT OF CURIOSITY, DID YOU ATTEMPT TO DEMOLISH THE SHED? NO, IT WAS VERY CLEAR THAT I COULD NOT DEMOLISH THE SHED BECAUSE IF I DEMOLISHED THE SHED THEN I'D HAVE A LARGER SETBACK.
SO WE MAINTAINED IT TO MAINTAIN THE HISTORICAL INTEGRITY OF THE BUILDING.
SO, AND IT'S BEEN FIXED UP A COUPLE OF TIMES.
SO YOU'RE, SO IT LOOKS LIKE A DRIVEWAY OFF THE BACK, UH, PORTION OF IT.
SO DO YOU KNOW WHAT THE LENGTH OF THAT DRIVEWAY'S GONNA BE? UM, YOU KNOW, UH, UM, I THINK IF WE COULD ZOOM IN, IT HAS A DIMENSION.
IT'S CALLING ALL 13, 13 SOMETHING AND, AND THAT, SO, SO THE EXISTING STRUCTURE SITS RIGHT
[03:05:01]
ON THE PROPERTY LINE.SO THAT IS JUST THE LENGTH FROM SADIE TO THE EXISTING STRUCTURE THERE, THAT WAS DONE, WAS DONE, THAT WAS DONE AT, I MEAN, THE WAY IT'S DESIGNED, THE WIDTH OF IT AND EVERYTHING ELSE IS WHAT HISTORIC HAD ASKED FOR.
WE'VE ALREADY GONE THROUGH HISTORIC, RIGHT? WELL, I JUST, UM, SO, SO PART OF THIS, SO IT'S CURRENTLY NOT USED, YOU KNOW, IT'S MORE, IT IS USED MORE LIKE A, A, AN ALLEYWAY IN GENERAL.
AND SO THERE AREN'T MANY HOMES THAT ARE, UH, THERE'S LIKE ONE OTHER THAT I SAW THAT IS KIND OF USING THAT AS THE PRIMARY FRONT ENTRANCE.
AND SO, UM, I DON'T NECESSARILY KNOW.
IT'S A SUBST STREET WITH REGARDS TO ITS WIDTH, AND SO IT STARTS RUNNING PROBLEMS. AND IF WE START PARKING ON THE STREET, YOU KNOW, AS PEOPLE DO, THEN THAT MAY LEAD TO SOME CHALLENGES.
SO I JUST, I'M JUST TRYING TO UNDERSTAND THAT WHOLE, THAT WHOLE PREMISE THERE.
SO CRUZ, COMMISSIONER CRUZ, SO I'M LOOKING AT THE PICTURE THEY'RE SHOWING NOW.
SO DOES THAT MEAN YOUR, UH, UH, TRASH COLLECTION IS IN THE BACK ON SADIE? WE CURRENTLY DO IT IN THE FRONT YARD.
SOME OF OUR NEIGHBORS DO IT IN THE BACKYARD BECAUSE IT, I MEAN, SADIE EFFECTIVELY IS AN ALLEY UHHUH,
THERE'S A COUPLE OF STRUCTURES THAT ARE ADDITIONAL STRUCTURES THAT OPEN UP INTO SADIE, BUT IT'S MAINLY JUST UHHUH
SO NOW ARE THEY CONSIDERED PART OF THE HOMES OR ARE THEY CONSIDERED APARTMENTS? I DO NOT KNOW THE ANSWER TO THAT.
AND SO I I, MY QUESTION IS, SO YOU'RE, YOU'RE ON SADIE, ARE YOU ATTEMPTING TO PUT IN A PARKING SPACE LIKE THAT, THAT WIDER AXIS THAT YOU SAID WAS 13 FEET DEEP OR 10 FEET DEEP THAT'S SHOWN ON THE PLAN.
IS THAT INTENDING TO HOLD A CAR? NO, NO.
UM, IT'S JUST, SO THE STRUCTURE HISTORICALLY WAS A GARAGE.
SO THE REQUEST WAS THAT A DRIVEWAY WAS MAINTAINED.
IT IS NOT INTENDED THAT SOMEONE WOULD PARK THERE.
SO I MEAN, BUT YOU DON'T UNDERSTAND, LIKE YOU'VE GOT, IT'S SO SHALLOW THAT THAT DOESN'T POSE ANY PROBLEMS WITH THE CODE OR ANYTHING TO HAVE A DRIVEWAY THAT'S IN THE RIGHT OF WAY LIKE THAT, THAT LEADS TO NOWHERE.
I MEAN, WE HAVE A DRIVEWAY IN FROM THE FRONT.
NO, I, I KNOW, BUT THAT'S WHERE WE PARKED
BUT YOU HAVE UNDERSTAND, LIKE, YOU KNOW, WE'RE NOT, IF I'M DRIVING DOWN SADIE, YOU STILL DRIVE DOWN SADIE.
I MEAN, YOU HAVE THIS, YOU'LL HAVE THIS THING THERE THAT CAN'T REALLY HOLD A CAR AND IT DOESN'T REALLY GO ANYWHERE.
AND I'M JUST TRYING TO FIGURE OUT, LIKE, I, I WOULD IMAGINE YES, IT WOULD BE THE SAME AS WHAT WE JUST DEALT WITH THE COAT, THE PUD ITEM.
LIKE IF THERE IS A GARAGE DOOR FACING A RIGHT OF WAY, WE WOULD HAVE TO HAVE 20 FEET FROM EITHER, BUT IF, BUT IF NOT, IT CAN JUST BE THERE LIKE THAT.
THEY'RE SAYING THAT THEY'RE NOT GONNA USE IT AS A GARAGE.
SO THAT MEANS YOU'RE GONNA HAVE THIS DRIVEWAY THAT'S 10 FEET DEEP IN THE PUBLIC RIGHT OF WAY THAT DOESN'T GO ANYWHERE THAT ENDS INTO A HOUSE.
I MEAN THAT WE'RE DOESN'T THAT WE'RE HAPPY TO REMOVE THE DRIVEWAY.
WELL, I MEAN I, AS LONG AS HRC WILL ALLOW US, THAT WAS BEFORE TODAY.
I JUST FIND IT INTERESTING THAT IT'S, THAT THE, THAT THAT'S NOT A CODE VIOLATION OF SOMEHOW, I DON'T KNOW.
I JUST, WE, WE'VE BEEN FIGHTING THIS, WE'VE BEEN FIGHTING THIS WITH HISTORIC SINCE THE BEGINNING OF THE YEAR, SO WE'RE JUST TRYING TO FOLLOW WHAT HISTORIC SID, NOW WE'RE COMING TO YOU FOR PERMITS.
LIKE, YOU KNOW, BECAUSE I DON'T KNOW.
OKAY, WELL IF THERE'S NOTHING ELSE, ANYONE SIGN TO A V? NOPE.
ALRIGHT, WELL I'M LOOKING FOR A MOTION.
STEVENS COMMISSIONER STEVENS, REGARDING CASE NUMBER BO EIGHT DASH 26 DASH 0 3 1 8 2.
I MOVE TO THE BOARD OF ADJUSTMENT GRANDER REQUEST BY LOGAN INE FOR A ONE A 170 FOOT VARI SQUARE FOOT VARIANCE FROM THE MAXIMUM 800 SQUARE FEET TO ALLOW ONE ACCESSORY DWELLING TO BE 975 SQUARE FEET AND TWO, A FOUR FOOT 11 VARIANCE, FOUR FOOT, 11 INCH VARIANCE FROM THE MINIMUM REQUIRED FIVE FOOT REAR SETBACK TO ALLOW A ONE INCH REAR SETBACK FOR AN ACCESSORY DWELLING UNIT LOCATED AT FIVE 10 DIVINE STREET.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE UNIFIED 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.
IN THIS CASE, THE REQUEST WOULD HAVE LIMITED IMPACTS TOWARDS THE SPREAD AND DAMAGE FROM WATER RUNOFF TO ADJACENT PROPERTY AND THE PROPOSED ACCESSORY DWELLING UNIT WOULD NOT IMPACT THE INTENDED SUBORDINATE NATURE OF SUCH DWELLING UNITS.
TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP AS THERE IS LIMITED ROOM TO CONSTRUCT AN UNAC ACCESSORY STRUCTURE WITH ADEQUATE DISTANCE FROM THE REAR PROPERTY LINE AND A LIMITATION TO THE 800 SQUARE FOOT MAXIMUM SQUARE FOOTAGE WOULD LIMIT THE HABITABLE SPACE FOR THE PROPOSED UNIT.
[03:10:01]
THREE.BY GRINDING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
SUCH VARIANCES WOULD, WOULD STILL OBSERVE THE SPIRIT OF THE ORDINANCE AS THE STREET ABUTTING THE REAR PROPERTY LINE AND PROVIDE SEPARATION THAT MAXIMIZES POTENTIAL FIRE SPREAD, THAT MINIMIZES POTENTIAL FIRE SPREAD, SORRY, AND RUNOFF IMPACTS.
ADDITIONALLY, THE PROPOSED 175 SQUARE FEET SQUARE FOOT INCREASE WOULD NOT COMPROMISE THE A D'S ACCESSORY NATURE TO THE PRIMARY STRUCTURE FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE STRUCTURE'S REAR YARD LOCATION AND ADJOINING STREET MINIMIZES NEIGHBORHOOD IMPACTS THE INCREASED SQUARE FOOTAGE AND REDUCED SETBACK WOULD NOT ALTER THE DIS DISTRICT'S ESSENTIAL CHARACTER OR NEGATIVELY AFFECT ADJACENT CONFORMING PROPERTIES.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLATO OF THE PROPERTY OWNER IS DUE TO THE LIMITED SPACE FOR ACCESSORY STRUCTURE TO MEET THE REAR SETBACK.
THE INCREASED SQUARE FOOTAGE WOULD HAVE MINIMAL IMPACT ON SURROUNDING INFRASTRUCTURE DUE TO THE ADJOINING PUBLIC RIGHT OF WAY.
SECOND BY COMMISSIONER MAN AND COMMISSIONER STEVEN.
I THINK THIS IS A PERFECT CASE FOR ADUS AND I'M GONNA BE IN FULL SUPPORT.
I THINK THE 800 SQUARE FOOT LIMIT IS, IS A LITTLE LOW IN MY OPINION.
SO AGAIN, I'LL BE IN FULL SUPPORT AND I THINK IT'LL BE A GREAT PROJECT.
UM, I CONCUR WITH MY COLLEAGUE AND IF I'D, UH, LOOK DOWN THE STREET, I THINK THERE ARE SOME MORE ADUS IN THIS, UH, ON THIS PARTICULAR STREET THAT ARE ACTUALLY SIMILAR IN SIZE.
ANYONE ELSE LIKE TO ADD HEARING NONE? ROLL CALL, VOTE PLEASE.
COMMISSIONER STEVENS? YES, I CONCUR.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ, I CONCUR.
CHAIR ORIAN AND I CONCUR WITH THE FINDINGS OF FACT.
ITEM NUMBER 12, BO 8 2 6 1 0 3 0 0 1 8 6.
APPLICANT BEING XA COLLECTIVE LOCATED WITHIN CITY COUNCIL DISTRICT FIVE, LOCATED AT 29 0 5 KALIMA STREET ZONING, BEING R FOUR SINGLE FAMILY DISTRICT.
THIS BEING A REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW FOR A FIVE FOOT REAR SETBACK.
SUBJECT PROPERTY IS LOCATED OFF KLIMA STREET IN AN ESTABLISHED RESIDENTIAL NEIGHBORHOOD.
THE SURROUNDING AREA IS PREDOMINANTLY OCCUPIED BY RESIDENTIAL USES ON LOT ZONE R FOUR RESIDENTIAL SINGLE FAMILY DISTRICT PROPERTY OWNERS OBTAINED NEW ADDRESSING ASSIGNMENTS AND CERTIFICATES OF DETERMINATION FOR THE NON-CONFORMING LADDER RECORD.
THE REQUEST PROPOSES A 75% REDUCTION FROM THEIR MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A NEW HOME FIVE FEET FROM THE REAR, UH, PROPERTY LINE.
THE BOARD OF ADJUSTMENTS HAS PREVIOUSLY APPROVED A SEVEN FOOT SIX INCH REAR SETBACK IN THE IMMEDIATE AREA.
SUBJECT PROPERTY SURROUNDING AREA STAFF RECOMMENDS DENIAL REGARDING THE REAR SETBACK AND BO 8 2 6 1 0 3 0 0 1 8 6 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE NEED FOR THE REDUCED REAR SETBACK APPEARS TO BE DUE TO THE PROPOSED PLACEMENT OF THE STRUCTURE RATHER THAN UNAVOIDABLE PHYSICAL CONDITION OF THE PROPERTY.
TWO, GRANTING THE REQUESTED VARIANCE WOULD REDUCE THE REAR SETBACK TO FIVE FEET AND WOULD NOT BE CONSISTENT WITH THE INTENT OF THE SETBACK REQUIREMENTS TO PROVIDE ADEQUATE SEPARATION BETWEEN STRUCTURES AND ADJOINING PROPERTIES.
44 NOTICES ARE SENT OUT THERE IN FAVOR IN OPPOSITION, NO VOICEMAILS RECEIVED AND NO RESPONSE FROM THE ELTO, UH, NEIGHBORHOOD ASSOCIATION AND BRADY GARDENS NEIGHBORHOOD ASSOCIATION, UH, COMMUNITY ORGANIZATION.
HERE'S THAT COD AND THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
OKAY, SO THE, UM, IN THE POWERPOINT PRESENTATION, THERE'S A SITE PLAN, AND ON THAT PLAN IT SHOWS A SEVEN AND A HALF FOOT SETBACK.
IS THAT, WAS THAT THEIR ORIGINAL INTENT? I, I BELIEVE SO.
AND THEN YOU HAD MENTIONED THAT THE BOA APPROVED SEVEN AND A HALF FEET, UH, PREVIOUS IN THE AREA.
DO YOU RECALL WHAT THE ORIGINAL REQUEST WAS FOR?
[03:15:01]
IT WAS FOR FIVE.THEY ASKED FOR FIVE, BUT WE GAVE SEVEN AND A HALF, CORRECT.
IS THAT THE APPLICANT COME FORWARD? IT DID.
AND JUST FOR, UH, THE BOARD'S, UM, AWARENESS, THE NEXT CASE IS THE EXACT SAME, BUT IT HAS TO BE DONE IN SEPARATE MOTIONS.
BUT, BUT ALL THE DETAILS WILL PROBABLY LIKELY BE THE SAME.
SO, SO LISTEN, WELL ON THE FIRST ONE, SO STATE YOUR NAME AND TELL US ABOUT YOUR PROJECT AND I ESPECIALLY WANT TO HEAR ABOUT THE PLAN THAT'S IN THE POWERPOINT THAT SHOWS SEVEN AND A HALF FEET.
I'VE BEEN VERY PATIENT, RIGHT? YEAH.
HERE TO THE END ON THE LAST ONE STANDING.
BUT NO, THANK YOU GUYS SO MUCH FOR, FOR EVERYTHING THAT YOU GUYS, I'M SURE YOU GUYS DO THIS MORE OFTEN, RIGHT? SO I'M SURE IT COULD GET, UM, NUMBING
BUT SO, UH, SIMPLY, I ACTUALLY REALLY APPRECIATE A LOT OF THE PRESENTATIONS THAT BEEN GOING ON BECAUSE I AGREE THERE'S NO WAY YOU COULD PARK A NORMAL SIZED CAR NOWADAYS IN 16 FEET.
UH, AND, AND SO, YOU KNOW, I I'LL SAY NUMBER ONE, AS HE MENTIONED, UH, ADJACENT RIGHT BEHIND THIS PROPERTY OFF OF MONTEZUMA, WE DID GET APPROVAL FOR SEVEN AND A HALF FEET.
UM, THE SIMPLE REASON IS, IS PARKING, RIGHT? WE WANT TO TRY TO MAXIMIZE THE USE OF, OF, OF THE FRONT DRIVEWAYS OF THE HOMES.
SO I DO WANT TO POINT OUT, UH, THAT, THAT THE, ON THE MONTEZUMA SIDE, THAT LOT IS ABOUT THREE AND A HALF FEET DEEPER.
SO THAT'S ONE OF THE REASONS WHY, UH, WE'RE, WE'RE COMING BACK WITH THE FIVE FOOT REQUEST.
IT'S, UH, AGAIN, TO TURN, I THINK YOU COULD KIND OF SEE A DIMENSION LINE THERE, UM, OF ABOUT, I THINK FIF OR 13 AND A HALF FEET, YOU KNOW, THAT EXTRA TWO AND A HALF FEET WILL HELP THAT DRIVEWAY.
AND THEN THERE IS A LITTLE BIT MORE SPACE BETWEEN THE PROPERTY LINE AND THE SIDEWALK.
UM, YOU KNOW, AND IN SUMMARY, OUR ORIGINAL ARGUMENT, WHICH IS THE SAME HERE, IS THAT, YOU KNOW, I I BELIEVE THE INTENT OF THE ZONING WAS TO SUGGEST FUTURE PLANNING HIGHER DENSITY.
AND THAT'S KIND OF ACTUALLY WHAT WE'RE TRYING TO DO WITH THIS PROJECT IS WE'RE TRYING TO BRING DENSITY, BUT MORE IMPORTANTLY WE'RE TRYING TO BRING AFFORDABLE HOUSING.
RIGHT? SO THAT'S WHY WE'RE TRYING TO FIT, UH, ORIGINALLY WE'RE DOING A ONE BEDROOM, BUT WE CHANGED THIS TO A TWO BEDROOM HOME TO TRY TO, TO OPEN IT UP TO, UM, MORE FAMILIES THAT COULD POTENTIALLY USE THIS PROPERTY.
UM, YOU KNOW, IF YOU, IF YOU LOOK AT GOOGLE MAPS, I'M SURE WITH THE RESEARCH THAT YOU GUYS HAVE DONE, YOU'LL SEE THAT THE HOMES IN THE AREA ARE PRETTY TIGHTLY, UH, UH, PACKED TOGETHER.
UH, SO WE DO, WE DO APPRECIATE, UH, THE NEED FOR SETBACKS, BUT I, I WOULD SAY IN THIS CASE SPECIFICALLY, IN IN THE NEXT ONE WE'RE GONNA TALK ABOUT THAT THE FIVE FOOT WOULD GO A LONG WAY IN MAKING THE DRIVEWAY ITSELF MORE ACCESSIBLE TO A WIDER RANGE OF VEHICLES.
SO, UH, ON THE, ON THE EXHIBIT THAT YOU HAVE AND WHAT'S IN THE PACKAGE, YOU'RE THE DRIVEWAY, WHICH IS A DRIVER FOR THIS, ON THAT FACES KALIMA, IT SHOWS 13 FEET, I GUESS IT'S EIGHT INCHES MM-HMM
AND THEN THERE'S A SIDEWALK THAT'S IN THE RIGHT OF WAY.
HOW MUCH DISTANCE IS FROM THE BACK OF THE SIDEWALK TO, TO THE HOME? I THINK THAT'S A GOOD QUESTION BECAUSE WE, WE ONLY HAD A PDF SURVEY TO, TO, TO WORK WITH.
BUT I MEAN, IF I WERE TO, TO ESTIMATE HERE AND HO HOPEFULLY THIS HELPS, BUT I MEAN, IT'S AT LEAST ANOTHER FIVE FEET.
AND, AND FOR, I KNOW THERE'S NO GARAGE DOOR, BUT IT IS, IT, IT'S PERFECTLY ACCEPTABLE FOR A, UM, FOR SOMEONE TO PARK AND HAVE THEIR CAR EXIST IN THE RIGHT OF WAY AS LONG AS THEY'RE NOT BLOCKING THE SIDEWALK.
IS THAT TRUE OR NOT TRUE? SORRY, CAN YOU ASK THAT QUESTION? YEAH, I MEAN, I KNOW THERE'S NO GARAGE DOOR ON THESE, BUT IF, IF HE HAS 13 FEET, EIGHT INCHES FROM THE FACE OF THE HOME TO THE PROPERTY LINE, BUT HE HAS, YOU KNOW, 18 OR 20 FEET TO THE BACK OF THE SIDEWALK THAT'S IN THE RIGHT OF WAY.
CAN, CAN A CAR PARK AND EXIST IN THE RIGHT OF WAY BUT YET NOT BLOCK THE SIDEWALK? DOES IS THAT A VIOLATION OF ANYTHING? I COULDN'T ANSWER THAT TO BE, TO BE HONEST.
BUT AS LONG AS IT'S NOT GOING INTO THE SIDEWALK LIKE YOU MENTIONED EARLIER.
'CAUSE THIS, THIS GENTLEMAN IS, IS, IS MENTIONED THAT HE'S, HE REALLY WANTS TO FIVE FEET, UH, BECAUSE THESE ARE, THESE LOTS NOT AS DEEP AS THE ONES ON MONTEZUMA.
I THINK THE MONTEZUMA, IF I REMEMBER CORRECTLY, AND THAT WE DO HAVE THE SURVEY HERE ARE 74 FEET.
UH, THESE, THESE ARE DEEP, THESE LOTS ARE 70.6.
SO THAT'S WHAT THE DIFFERENCE IS.
AND YOU CAN'T GET ANYTHING MORE THAN FIVE FEET, SIX FEET, I MEAN SOMETHING.
WELL, WE WANNA GET AS MUCH AS WE CAN, BUT YEAH.
UH, AND, AND AGAIN, WE'RE, WE'RE TRYING JUST KIND OF BASED ON WHAT YOU GUYS HAVE BEEN TALKING ABOUT EARLIER, TAKING IT FROM FROM THE BACKYARD TO TRY TO GIVE IT TO THE FRONT.
ALSO TO YOUR POINT EARLIER, RIGHT?
[03:20:01]
CARS ARE, THIS IS A HARD WALL AT THAT 13 FEET, RIGHT? IT'S NOT A CURB, IT'S NOT A YEAH.CARS WILL NATURALLY PARK A FOOT OR TWO OFF OF THAT LINE.
UM, AND DO YOU STILL OWN THE LOTS DIRECTLY BEHIND, UH, THE YES.
SO, SO WE HAVE A MASTER SITE SITE PLAN WITH ALL THE LOTS, ALL THOSE LOTS ARE OWNED BY THE SAME OWNER.
SO I, COMMISSIONER, YOU KNOW, GOING TO YOUR POINT, UM, I DON'T, I DON'T RECALL ANYTHING REGARDS TO PARKING IN THAT SPACE BEING A VIOLATION, BUT I KNOW THAT BLOCKING THE DRIVE, BLOCKING THE SIDEWALK IS RIGHT.
AND SO, 'CAUSE THERE WOULD BE HOMES ALL OVER THE CITY OF SAN ANTONIO THAT WOULD BE IN VIOLATION THEN.
'CAUSE SOME OF THEM THAT'S THE, THAT'S THE LENGTH OF THEIR DRIVE OR THE LENGTH, YEAH, THE FULL LENGTH OF THEIR FRONT YARD.
SO I, I WOULD FIND THAT HARD TO BELIEVE.
BUT, UM, AND SO YEAH, AND JUST WHATEVER TRAFFIC REQUIREMENT IS FOR, FOR A PARKING SPOT, THE BO OA WOULD NOT BE RELIEVING THAT IF THEY APPROVE A REAR SETBACK VARIANCE.
WAIT, WAIT, WHAT WAS THAT? SO IF YOU GUYS APPROVE THE REAR SETBACK VARIANCE AS IT'S BEING REQUESTED, THAT DOES NOT RELIEVE THAT, UH OH, OKAY.
DEVELOPER FROM ANY PARKING REQUIREMENTS.
I THOUGHT, I THOUGHT YOU SAID THAT WE WEREN'T ALLOWED TO DO ANOTHER VARIANCE OR SOMETHING.
SO, UM, ANY QUESTIONS FROM THE COMMISSION? AND YOU'RE, YOU'RE FIVE FEET, THAT'S TO THE WALL, NOT INCLUDING OVERHANG.
ARE YOU, ARE YOU GONNA HAVE AN OVERHANG? I I I WANT TO, YOU CAN, I'M JUST, WE DO, WE DO HAVE AN OVERHANG.
WE, IT LOOKS TO BE ABOUT AN 18 INCH OVERHANG.
AND WHERE'S THE AC UNIT? UH, CONDENSER GONNA BE ON THE, THEY WOULD ACTUALLY BE ON THE SIDEWALLS SIDE, UM, AND, UH, PTAC UNITS.
I I JUST, UM, I LIKE THAT FIVE FOOT, THE SANCTITY OF THE FIVE FOOT PATHWAY FOR FIRE PROTECTION IS KIND OF A BIG DEAL.
UM, BECAUSE OF THE HOMES BEHIND IT ARE GONNA BE SEVEN AND A HALF FEET AWAY.
DOES THAT, DOES THAT FORCE, UH, YOU TO HAVE A FIRE RATING ON THESE HOMES BECAUSE THEY'RE NOT GONNA BE 10 FEET AWAY FROM THE REAR PROPERTY LINE? I THINK THAT'S A GOOD QUESTION.
SO THAT IS SOMETHING WE'RE CONSIDERING.
I'LL SAY THAT THE CONSTRUCTION OF THE HOME, UM, OBVIOUSLY WOOD STUD WITH A FIBER CEMENT HARDY BOARD, WHICH IS NON-COMBUSTIBLE.
YEAH, I, I DO BELIEVE THAT WOULD DO ALREADY HAS A UL LISTING.
ANY QUESTIONS? ANYBODY? CRUZ COMMISSIONER CRUZ? UM, I'M THINKING WHEN YOU ARE SAYING ON THE, UM, BACKYARD AND EVERYTHING, SO HOW BIG IS THE HOME GONNA BE WITH THE SQUARE FOOTAGE? DO YOU KNOW? THAT'S A GOOD QUESTION.
I'LL HAVE TO, IT'S A SMALL HOME.
I THINK IT'S 1200 SQUARE FEET OR SMALLER.
BUT LET ME, 50 BY 14 ROUNDING UP.
YOU GOT THE, YOU GOT THE 13 LIKE YEAH, IT'S 14 BY, WAS THAT 48 2 INCHES OR SOMETHING? THAT 700 SQUARE FEET.
LET'S SEE, WE'RE PULLING OUT THE CALCULATOR.
A A AGAIN, THE THE GOAL IS AFFORDABLE HOUSING.
WELL THAT MAKES ME FEEL BETTER ABOUT THE SETBACK THEN.
WELL IF THERE'S NO OTHER QUESTIONS, LOOKING FOR A MO, IS THERE ONLY TIME TO NO, NOBODY.
COMMISSIONER MANANA REGARDING CASE NUMBER BO A 2 6 1 0 3 0 0 1 8 6.
I'M WITH THE BOARD OF ADJUSTMENT GRANT REQUEST FOR ZARIA ON TWO BECAUSE THE REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A FIVE FOOT REAR SETBACK LEFT LOCATED AT 2 9 0 5 KALIMA STREET.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINE SHOWED THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH THAT LITTLE ENFORCEMENT, THE PROVISIONS OF THE DUC AS AMENDMENT WOULD RESULT IN UNNECESSARY, UNNECESSARY HARDSHIP.
SPECIFICALLY FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
THE REQUESTED VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST AS THE REDUCTION OF THE REQUIRED REAR SETBACK WILL ACCOMMODATE THE PROPOSED DEVELOPMENT WHILE REMAINING CONSISTENT WITH THE SURROUNDING DEVELOPMENT PATTERN AND NOT CREATING A SUBSTANTIAL ADVERSE IMPACT ON THE PUBLIC.
TWO, DUE TO SPECIAL CONDITIONS, THE LAW ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO THE UNIQUE CONFIGURATION, PHYSICAL CONDITIONS OF THE SUBJECT PROPERTY RULE ENFORCEMENT OF THE 20 FOOT REAR SIT BACK WOULD UNNECESSARILY RESTRICT THE REASONABLE PLACEMENT AND REDEVELOPMENT OF THE PROPERTY.
THE REQUESTED VARIANCE PROVIDES RELIEF FROM THE HARDSHIP WHILE ALLOWING REASONABLE USE OF THE PROPERTY THROUGH BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND THE SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE VARIANCE WILL ALLOW REASONABLE
[03:25:01]
DEVELOPMENT OF THE PROPERTY WHILE MAINTAINING THE APPROPRIATE SEPARATION FROM ADJACENT PROPERTIES TO THE EXTENT, UH, PRACTICABLE, UM, THE VARIANCE WILL PROVIDE SUBSTANTIAL JUSTICE WITHOUT UNDERMINING THE OVERALL INTENT OF THE REAR SETBACK REQUIREMENT FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE ON THOSE USES SPECIFICALLY AUTHORIZED, UH, IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.NO USE IN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY OR ALL THE ESSENTIAL CHARACTER OF THE DISTRICT WHICH THIS PROPERTY IS LOCATED.
THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT FORM PROPERTY.
THE PROPOSED FIVE FOOT REAR SETBACK WILL MAINTAIN ADEQUATE SEPARATION FROM ADJACENT PROPERTY.
IT WILL NOT SUBSTANTIALLY ALTER THE ESSENTIAL CHARACTER OR ESTABLISHED DEVELOPMENT PATTERN OF THE DISTRICT.
SIX APPLIES TO THE OWNER PROPERTY FOR WHICH OF VARYING THE SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO A RESULT OF GENERAL CONDITIONS.
AND DISTRICT, WHICH IS PROPERTY IS LOCATED.
THE REQUESTED VARIANCE IS A RESULT OF UNIQUE PHYSICAL CONDITIONS AND THE CONFIGURATION OF THE SUBJECT PROPERTY THAT CONSTRAINED THE REASONABLE PLACEMENT OF THE PROPOSED DEVELOPMENT.
THESE CIRCUMSTANCES ARE SPECIFIC TO THE PROPERTY AND ARE NOT FINANCIAL IN NATURE AND ARE NOT CREATED BY THE OWNER.
AND I'D LIKE TO JUST ADD, UM, IF I CAN, UM, WITH REGARDS TO THE READING, UH, THAT IT'D BE, UM, SUBMITTED AS OR, OR, UH, DEFINED AS SUBMITTED SO THAT IT DOES MAINTAIN THE ONE STORY, UH, PREFERENCE.
SO THAT WAY, UM, THAT'S, UH, YEAH.
IS THERE A SECOND? I'LL SECOND.
SO I THINK, UM, SO I'M OKAY WITH THIS.
YOU KNOW, I THINK, UM, HAVING THE DIALOGUE ABOUT THE TWO STORY IT IS, WAS IMPORTANT HERE.
UM, AND THEN, UM, BEING THAT, UH, THE, UH, APPLICANT OWNS, YOU KNOW, THE, THE ABUTTING PROPERTY ON THE BACKSIDE, YOU KNOW, THAT KIND OF SAYS THAT, YOU KNOW, THEY'RE TRYING TO BUILD IT AS BEST THEY CAN GIVEN THE CONSTRAINTS.
SO WITH THAT, I'LL BE VOTING IN FAVOR.
I AGREE WITH, UH, MISS WITH COMMISSIONER MANNA.
I DON'T SEE PROBLEMS WITH IT, BUT LIKE HE SAYS, SINCE THEY DO OWN THE PROPERTY BEHIND THEM, THAT WILL HELP A LOT.
ANYONE ELSE LIKE TO ADD? HEARING NONE? ROLL CALL VOTE.
I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANEZ? I CONCUR.
COMMISSIONER DEAN? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
AND DOES, UH, ANY OF THE COMMISSIONERS NEED TO HEAR THE, UH, PRESENTATION FROM STAFF AGAIN? UH, NO.
UM, SO CAN I READ IT AS FAR AS THE, THE OPENING DIALOGUE AND THEN REFERENCE THE PRIOR CASE FOR THE REST OF THE DIALOGUE? YEAH, YOU CAN, YEAH, JUST, UH, READ THE TOP PART, UM, AND THEN JUST REFERENCE THE CRITERIA.
REVIEW THE SAME AS THE PREVIOUS.
REGARDING CASE NUMBER BO 8 2 6 1 0 3 0 0 180 7.
GRANT A REQUEST, UH, BY, SORRY, YOUR TU BECAUSE IT, UH, FOR THE REQUEST FOR A 15 FOOT VARIANCE FROM THE MINIMUM REQUIRED 20 FOOT REAR SETBACK TO ALLOW A FIVE FOOT REAR SETBACK, UM, AS PER PRESENTED WITH A ONE STORY BUILDING, UH, LOCATED AT 2 9 0 7 COLIMA STREET.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTERS PROPERTY IS SUCH, UM, IS SUCH THAT LAW ENFORCEMENT OF THE PROVISIONS AT UDC AS AMENDMENT WOULD RESULT IN UNNECESSARY HARDSHIP AND WOULD LIKE TO REFERENCE THE PRIOR CASE, UM, NUMBER, UH, 180 6, UM, FOR ALL OF THE SUBSEQUENT, UH, REASONS WHY END OF MOTION.
SECOND BY COMMISSIONER STEVENS.
COMMISSIONER MAN, I'LL APPROVE IT FOR THE SAME REASONS.
COMMISSIONER STEVENS, I CONCUR WITH MY COLLEAGUE.
ANYONE ELSE LIKE TO ADD? ALL IN FAVOR, SAY AYE.
[ Approval of Minutes ]
IS A MINUTE.HAS ANYONE HAD ANY, ANY AMENDMENTS? IS THERE A MOTION TO APPROVE THE MINUTES? SO MOVED.
[ Director’s Report ]
LET'S HAVE A DIRECTOR'S REPORT.UH, I KNOW WE INTRODUCED YOU TO OUR NEW PLANNER, ANDREA FERNANDEZ.
WE STOLE HER FROM CORPUS CHRISTI.
WE HELPING OUT ZONINGS, WHAT'S THE NAME? ANDREA.
OKAY, SO YOU'RE GONNA DO YOUR FIRST CASE NEXT TIME? SHE'S GONNA BE HELPING OUT THE TEAM.
UH, MOSTLY CONCENTRATED ON NON-CONFORMING, SO, OKAY.
[03:30:01]
MANANA.SO I, I DID ATTEND THE LAST COUNCIL MEETING AND THERE WAS A ROUND OF APPLAUSE OF ONE FOR THE ACCEPTANCE OF THE BOARD, UM, AS READ BY THE COUNCIL OFFICE.
SO WE DO HAVE PEOPLE IN THERE JUST AND I CLAPPED AND YEAH, JUST TO KIND OF WRITE ON THOSE.
UM, WE ARE GONNA BE SETTING UP TRAINING FOR THEM.
UM, SO WE'LL MAKE IT AVAILABLE TO Y'ALL TOO IN CASE YOU WANTED TO SIT IN THAT THEY WILL BE GOING OVER, UM, TYPICALLY WHAT WE HANDLE ALONG WITH ST.
AND SO WHAT, HOW SOON CAN WE GET THESE PEOPLE WORKING? THEY'LL BE AVAILABLE NEXT MEETING.
TO GET THEM AVAILABLE NEXT MEETING.
WELL, EXCEPT FOR COMMISSIONER, COMMISSIONER VASQUEZ, WHO, WHO'S, WHO'S CONTINUING.
THEY DON'T HAVE TO GO TO TRAINING.
AND SO ON NOVEMBER 9TH, WE'RE GONNA HAVE A WORK SESSION.
AND DO Y'ALL KNOW WHAT TIME SHOULD BE? NOON.
WELL, WE'LL, WE'LL TELL US ABOUT A NEXT MEETING.
IF THERE'S NOTHING ELSE, WELL IT IS FOUR 40.