[00:00:01]
IS, UH, COMMISSIONER MANNA JOINING VIA WEBEX TODAY? HE IS? OKAY.
IF WE'RE RECORDING, I'D LIKE TO GET STARTED.
I HEREBY CALL THIS MEETING OF THE BOARD OF ADJUSTMENTS INTO SESSION.
WE HAVE THE SPANISH INTERPRETER COME OUT, PLEASE.
UH, STAFF, IF YOU PLEASE CALL ROLL.
COMMISSIONER DEAN? COMMISSIONER CRUZ? HERE.
COMMISSIONER MENA? COMMISSIONER BRAGMAN? COMMISSIONER BENAVIDEZ? PRESENT.
COMMISSIONER VASQUEZ? PRESENT.
SO WE HAVE A QUORUM OF 10 AT THIS POINT WITH A POTENTIAL 11 ANY MOMENT NOW.
IF EVERYONE COULD PLEASE STAND ME IN THE PL - FOR 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 AND JUSTICE FOR ALL.
HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE.
[ Briefing and Possible Action on the following items ]
PROCEED WITH TODAY'S CASES, I'D LIKE TO OFFER A FEW WORDS OF EXPLANATION.THIS, 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 A PREVIOUS MEETING FOLLOWED BY A DIRECTOR'S REPORT.
LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS.
I ASK THAT THE BOARD MEMBERS SUBMIT THESE ANNOUNCEMENTS TO ME AS A CHAIR AND I'LL READ THEM AT THE APPROPRIATE TIME IN THE MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND WE DID NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY ARE CLEARLY DEFINED IN CHAPTER 211 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 THE DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32, TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF ELEMENT SERVICES REGARDING REQUEST FOR VARIANCES AND REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28-5.
IN ADDITION, WE HAVE POWERS TO HEAR CASES AND OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER 211 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
THE APPLICANT OR HIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY 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.
AN ORDER FOR A MOTION TO CARRY 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 SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELEASE CAN BE LEGALLY GRANTED AND SUPPORTED.
APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM MINI - ADMINISTRATIVE OFFICIALS.
SOUNDS LIKE COMMISSIONER MANNERS JOINED THE MEETING.
UH, APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM ADMINISTRATIVE OFFICIALS, SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS.
APPEALS FROM THE BOARD'S DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION OR REMARKS OF THE PERTINENT FACTS OF YOUR CASE.
STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST.
PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OF SPECIAL EXEMPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT PROPERTY.
CHECK MARKS INDICATES THOSE PROPERTY OWNS IN FAVOR OF THE REQUEST X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION.
UPON THE PRESENTATION AND QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THEIR REQUEST.
FOR OTHER ASSIGNMENTS TO SPEAK FOR OR AGAINST A VARIANCE OR A SPECIAL EXEMPTION, YOU WILL BE CALLED IN ORDER TO SIGN UP TO SPEAK.
THOSE IN SUPPORT AND OPPOSITION WILL BE ALLOWED A MAXIMUM THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE A TI - UH, MAXIMUM TIME LIMITATION.
FOR THOSE ELECT TO GIVE UP THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM
[00:05:01]
OF TWO PEOPLE GIVEN UP THEIR TIME FOR A TOTAL OF NINE MINUTES.THOSE GIVEN UP THEIR TIME MUST BE PRESENT AND SIGNED UP TO SPEAK.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR A REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS BOARD QUESTIONS.
TODAY WE'LL BEGIN WITH ITEM ONE REGARDING 138 BLUE BONNET STREET.
AND JUST REAL QUICK, UH, COMMISSIONER MANNA, CAN YOU HEAR US? AND CAN YOU GIVE US A QUICK, UH, CHECK? OH.
COMMISSIONER MANNA, CAN YOU HEAR US NOW? COMMISSIONER MANNA.
COMMISSIONER MANNO, CAN YOU HEAR US? COMMISSIONER MASON.
I AM MUTED, BUT I CAN HEAR SOME NOISE GOING ON WITH ECHO.
IN A FEW MINUTES, WE'RE JUST GONNA MOVE ON HERE.
UM, I CAN HEAR YOU, BUT THERE'S SIGNIFICANT ECHO.
LET ME TRY, LET ME TRY SOMETHING.
UH, COMMISSIONER MANNO, CAN YOU HEAR ME? THE REASON WHY I ASK IS IF WE HAVE TO DO A THUMBS UP THING, WE CAN DO THAT, BUT IF HE CAN'T HEAR ANYTHING...
COMMISSIONER MANNA, UH, IF YOU HAVE.
WHY DON'T YOU JUST TEXT HIM AND TELL HIM TO LOG OFF?
[00:10:09]
YEAH, WE NEED TO, WE NEED TO GET GOING HERE.ALL RIGHT, CAN WE START WITH THE FIRST CASE? UM, IS THIS SOMETHING YOU CAN WORK WITH COMMISSIONER MANNER ON WHILE WE'RE CONDUCTING THE MEETING? EVEN IF IT'S BY CHAT, JUST TO SEE IF HE CAN HEAR WHAT WE'RE SAYING? ALL RIGHT.
LET'S JUST START ON ITEM ONE, PLEASE.
MY NAME IS JUAN ALVAREZ, SENIOR PLANNER WITH DEVELOPMENT SERVICES.
ITEM NUMBER ONE IS REQUESTED BY SHELBY DE LA FUENTE AND IS REQUESTING AN APPEAL OF THE ADMINISTRATOR'S DECISION TO REVOKE THE SHORT-TERM RENTAL PERMIT DUE TO HOT COLLECTION LOCATED AT 138 BLUE BONNET STREET, TYPE ONE.
UH, THE SUBJECT PROPERTY IS LOCATED AT 138 BLUE BONNET STREET.
SURROUNDING USES INCLUDE RESIDENTIAL SINGLE FAMILY.
AS OF MARCH 10TH, 2025, PLATFORM THAT DIRECTLY REMITS STATE HOT ALSO NOT DIRECTLY REMIT CITY HOT TO THE CITY'S FINANCE DEPARTMENT.
ALL STR OPERATORS ARE STILL REQUIRED TO CONTINUE TO FILE REVENUE REPORTS AND PAY BEXAR COUNTY HOT THROUGH AVENUE MONTHLY.
EIGHT NOTICES OF DELINQUENCY WERE MAILED BY AVENUE BETWEEN SEPTEMBER 2025 THROUGH MAY 2026, AND THE FINAL NOTICE OF DELINQUENCY WAS EMAILED BY DEVELOPMENT SERVICES ON AUGUST 31ST OF 2026.
ONLY PARTIAL PAYMENT WAS MADE WITHIN THE 90 DAYS, THEREFORE THE PERMIT WAS REVOKED ON SEPTEMBER 15TH, 2026 IN ACCORDANCE WITH THE CITY'S CODE OF ORDINANCES.
THERE IS A TOTAL OF SEVEN UNITS ON THE BLOCK FACE.
NO CURRENT ACTIVE TYPE TWOS ARE ON THE BLOCK.
THERE IS NO CODE ENFORCEMENT HISTORY AND A LITTLE A- ABOUT THE PERMITTING HISTORY.
IT WAS ISSUED ON JANUARY 24 OF 2024 AND THE PERMIT WAS REVOKED ON SEPTEMBER 15TH OF 2026.
THIS IS A COMMUNICATION THAT WAS SENT TO THE APPLICANT FROM AVENUE.
THERE ARE CURRENTLY NO ACTIVE LISTINGS, AND THIS IS THE SITE PLAN THAT WAS SUBMITTED AT THE TIME OF THE APPLICATION.
AND THIS IS THE SUBJECT PROPERTY, AND THE NEXT FEW SLIDES ARE THE NEIGHBORING PROPERTIES AND SURROUNDING AREAS.
STAFF RECOMMENDS DENIAL OF THE APPLICANT'S APPEAL, AND THERE WAS A TOTAL OF 42 MAIL NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION, NO RESPONSE FROM HARBOR PLACE EAST LAWN NEIGHBORHOOD ASSOCIATION, AND FOUR CITY-WIDE GROUPS WERE NOTIFIED WITH NO RESPONSE.
THIS CONCLUDES STAFF PRESENTATION.
APPLICANT IS HERE TO ANSWER ANY QUESTIONS AND FINANCE IS ALSO HERE.
UH, CAN, CAN Y'ALL, UH, CAN YOU CLARIFY WHETHER THERE'S BEEN ANY, UH, COMPLAINTS OR ENFORCEMENT ACTIONS? UH, THERE HAVE BEEN NO COMPLAINTS ON THE PROPERTY.
YEAH, DO WE KNOW IF THE APPLICANT HAS ANY OTHER SHORT-TERM RENTALS THAT THEY OPERATE IN THE CITY? I BELIEVE IT'S JUST THIS ONE, BUT THE APPLICANT IS HERE TO ANSWER ANY OF THOSE QUESTIONS.
AND, UH, LASTLY IS, IS, UH, HAVE Y'ALL RECEIVED ANY CORRESPONDENCE, UH, FROM...
I NOTICED THAT YOU'VE SENT OUT MANY NOTICES AND YOU REVOKED THE PERMIT, BUT BETWEEN THE FIRST NOTICE AND THE LAST NOTICE, DID, DID YOU RECEIVE ANY SORT OF REPLY OR RESPONSE? UH, ONLY WHEN THE PERMIT WAS REVOKED AND THEN THEY CAME TO APPEAL THE DECISION.
AND THAT'S, AND WHEN IT'S REVOKED, THAT'S WHEN IT'S US MAILED? THAT'S THE DIFFERENCE? YEAH, I BELIEVE WE DIDN'T RECEIVE ANYTHING ELSE OTHER THAN THAT EMAIL.
LET'S HAVE THE APPLICANT COME FORWARD.
UH, PLEASE STATE YOUR NAME AND TELL US ABOUT YOUR SDR.
OH, MY NAME IS SHELBY DELAFONTE.
UM, THIS IS MY ONLY PROPERTY THAT I HAVE.
UM, WHEN I FIRST STARTED, I WAS DOING THE FILING MYSELF AND OF LA - OF LAST YEAR, AIRBNB SENT ME AN EMAIL SAYING THAT THEY WERE GONNA START PAYING THE TAXES.
SO THAT WAS MY CONCLUSION THAT IT WAS BEING PAID.
SO DO, YOU DO KNOW THAT THEY DO COLLECT THE TAXES, BUT YOU STILL HAVE TO DO THE FILING TO REDO THE REPORTING EVERY MONTH? YES, THAT, THAT WAS NEVER STATED BY AIRBNB.
THEY MADE IT SEEM LIKE EVERYTHING WAS BEING TAKEN CARE OF.
WHEN I WAS FILING IT, I HAD NO PROBLEMS UP UNTIL THAT POINT.
NOW, I ASKED A QUESTION TO STAFF WHETHER OR NOT THEY HAD RECEIVED A REPLY FROM YOU BETWEEN THE FIRST NOTICE AND THE LAST NOTICE.
WERE YOU GETTING ANY OF THEIR EMAILS? SO I, WHEN I GOT ONE EMAIL, THAT'S WHEN I TRIED TO REACH OUT.
IT'S VERY HARD TO GET A HOLD OF ANYBODY OV- OVER THE PHONE.
AND I DIDN'T EVEN KNOW WHERE THIS BUILDING
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WAS LOCATED, SO I HAD TO COME IN HERE AND, UM, TAKE, TRY TO TAKE CARE OF THIS.DID, DID, UM, THE EMAIL ADDRESS THAT THEY HAVE ON FILE, SHELBYDELAFUENTE@ICLOUD.COM, THAT, THAT IS A CORRECT EMAIL? YES, SIR.
AND SO YOU DON'T RECALL GETTING ANY - NO, IT WASN'T UNTIL I RECEIVED THE EMAIL THAT I CAME IN TO TAKE CARE OF THIS.
AND THEN DURING THE COURSE OF YOU HAVING THE SDR, DID YOU ACTUALLY INCUR RENTALS OR WERE THEY ALL ZERO MONTHS? UH, NO, I DID.
ANY COMMISSIONER QUESTIONS? BENAVIDEZ.
UM, SO DO YOU LIVE AT 138 BLUE BONNET? NO.
UM, YEAH, BECAUSE IT LOOKS LIKE THEY - I USED TO LIVE...
I USED TO LIVE THERE, BUT I DON'T - THE FIRST COUPLE OF NOTICES WERE SENT, UM, THERE.
SO YOU SAID THAT YOU, UM, WERE FILING THEM YOURSELF.
SO YOU FILED THEM YOURSELF FROM JANUARY 24 ALL THE WAY TO FEB - TO JANUARY FOR ONE YEAR, AND THEN IT LOOKS LIKE YOU WERE MISSING FEBRUARY OF 25 AND THEN OCTOBER.
SO WERE YOU FILING THEM FROM MARCH THROUGH OCTOBER OF 25? I WAS FILING THEM THE FIRST TWO YEARS UP UNTIL, UH, AIRBNB SENT ME THAT EMAIL STATING THAT THEY WERE GOING TO START PAYING IT, AND I DIDN'T HAVE TO WORRY ABOUT IT.
THEY WERE GONNA DIRECTLY TAKE THEM OUT OF MY...
YOU HAD MENTIONED YOU DON'T LIVE THERE ANYMORE, SO THIS IS A TYPE ONE RENTAL.
SHOULDN'T IT BE A TYPE TWO? WHEN SHE APPLIED, THERE'S A...
THERE WAS A HOMES ON THE PROPERTY.
BEXAR COUNTY STILL SHOWS A HOMESTEAD THERE, SO WE WERE NOT NOTIFIED THAT SHE NO LONGER LIVES ON THE PROPERTY.
ANY OTHER QUESTIONS? ALL RIGHT.
IS THERE ANYTHING ELSE YOU THINK WE OUGHT TO KNOW? NO.
WELL, WITH THAT, UH, THANK YOU VERY MUCH.
IS THERE ANYONE SIGNED UP TO SPEAK? NOBODY SIGNED UP TO SPEAK.
REGARDING CASE NUMBER BOA-26-10300192, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE APPEAL FOR THE PROPERTY SITUATED AT 138 BLUE BONNET STREET, APPLICANT BEING SHELBY DE LA FUENTE, BECAUSE THE INFORMATION PROVIDED BY THE APPLICANT SHOWS THAT THE CITY STAFF MADE AN ERROR IN ENFORCING SECTION 16110D WHEN REVOKING THE SHORT-TERM RENTAL PERMIT.
SECOND BY COMMISSIONER BENAVIDEZ.
YEAH, WELL, I DO NOT BELIEVE STAFF MADE AN ERROR HERE.
I BELIEVE THAT THE, UH, APPLICANT WAS MAKING HER BEST EFFORTS WITH THE INFORMATION SHE HAD AT THE TIME.
SHE ASSUMED THAT, UH, TAXES WERE BEING COLLECTED AND FORWARDED ON.
UH, THERE WAS NO OPPOSITION FROM THE NEIGHBORING PROPERTIES, UH, NO OPPOSITION FOR - FROM THE NEIGHBORHOOD ASSOCIATION.
I THINK SHE KINDA LEARNED HER LESSON.
IT'S A- A REVENUE SOURCE FOR THE CITY, PROVIDES A SERVICE WITH A TYPE TWO SHORT-TERM RENTAL, UM, AND PROVIDES SOME INCOME FOR THE APPLICANT.
SO WITH NO HARM, YOU KNOW, REALLY HERE, I SEE NO REASON TO, UM, REVOKE THE PERMIT.
COMMISSIONER BENAVIDEZ? I'M- I'M GONNA DISAGREE WITH MY COLLEAGUE.
I- I- I THINK THAT, UH, THE STAFF, THE CITY STAFF IS CORRECT IN- IN PR - IN REVOKING IT, SO I AM GONNA BE AGAINST IT.
CHAIR, DO YOU WANNA CLARIFY THE PAYMENTS? YES? UM, HER PAYMENTS HAVEN'T BEEN, UM, PROCESSED FROM.
THESE ARE THE COUNTY PAYMENTS OR NOT THE ONES FROM AIRBNB? COUNTY.
WHY WOULD THEY BE RETURNED? UM, SHE WAS NOTIFIED.
I'M GONNA REOPEN THE PUBLIC HEARING REAL QUICK.
SO WHAT WE'RE HEARING IS, UM, SO AIRBNB COLLECTS CITY TAXES.
IT'S STILL YOUR RESPONSIBILITY TO PAY THE COUNTY PORTION OF THE TAXES - UH-HUH.
WHICH, YOU KNOW, FROM WHAT WE'VE HEARD FROM STAFF, WE'RE BEING RETURNED BECAUSE THE BANK ACCOUNT NO LONGER EXISTS OR THEY'RE HAVING AN ISSUE WITH IT, WHATEVER WAS - YEAH, I HAVE TO ACCOUNT MY BANK ACCOUNT.
IT'S ALWAYS BEEN THE SAME, AND THAT'S HOW I'VE BEEN PAYING IT.
BUT THAT'S - SO WAS- WAS THE MONEY RETURNED, UM, A- ANY REASON? ON THE NOTES, IT SAYS NO ACCOUNT UNABLE TO LOCATE THE ACCOUNT.
SO THERE WAS AN ISSUE WITH THE ACCOUNT NUMBER, PERHAPS.
UH, HOW DOES THAT CHANGE IF IT'S BEEN THE SAME FOR THREE YEARS? WELL, IT MAY BE THE SAME FOR YOU, BUT IF...
WHEN THE COUNTY WAS PROVIDED, IF THERE WAS A NUMBER THAT WAS OFF, THAT WOULD BE A REASON MAYBE.
I'VE NEVER CHANGED IT IN ANY WAY.
NO, THEY MIGHT HAVE BEEN DRAFTING THE WRONG ACCOUNT.
THE COUNTY MAY HAVE BEEN DRAFTING THE INCORRECT ACCOUNT NUMBER FOR SOME...
IT- IT COULD JUST BE A- A TYPO, UH, WHEN THE NU - WHEN THE, UH, NUMBERS WERE PUT IN.
HOW AM I SUPPOSED TO KNOW THAT WHEN I OPENED IT? IT'S...
I'VE NEVER CHANGED IT, ANYTHING, THE ACCOUNT OR ANYTHING.
WELL, I- I GUESS YOU WOULD KNOW IT IF THE MONEY NEVER DRAFTED FROM YOUR ACCOUNT.
BONIUS, I HAVE A QUESTION FOR THE APPLICANT.
DO YOU HAVE ANY OF THOSE RECEIPTS FROM THOSE PAYMENTS?
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UM, I DO IT ONLINE.I MEAN - DID THEY EMAIL YOU A RECEIPT? DO YOU HAVE ANY OF THOSE EMAILED RECEIPTS? WOULDN'T THEY BE IN THE SYSTEM? SO WHEN YOU GO FILE FOR YOUR COUNTY TAXES, YOU MAKE THE PAYMENT WITH THE BANK ACCOUNT, WHATEVER'S ON FILE, BUT THEN THEY EMAIL YOU A RECEIPT AFTER EACH MONTH.
I - YOU JUST GO AND FILE AND APPROVE AND IT SAYS SUBMIT IT.
SO HOW AM I SUPPOSED TO KNOW IF IT DIDN'T THROUGH OR NOT? IF IT'S SAYING SUBMIT IT? IT'S NOT THROUGH AIRBNB.
IT'S- IT'S THROUGH YOU TO PAY THE COUNTY TAXES THROUGH THE AVENUE WEBSITE.
WELL, IT'S- IT'S A PART OF THE HOT TAX.
SO AIRBNB COLLECTS THE CITY AND THE STATE, BUT THERE'S ALSO THE COUNTY TAX THAT NEEDS TO BE COLLECTED AND PAID FOR BY YOU, THE PROPERTY MANAGER, OR OWNER.
UM, I'VE JUST BEEN GOING ON THE HOTS WEBSITE, AND THAT'S HOW I'VE BEEN FILING WHEN IT FIRST STARTED UP UNTIL I GOT THAT EMAIL BY AIRBNB.
AND WHEN'S THE LAST ONE THAT YOU FILED? UM, I DID SEPTEMBER'S.
DO YOU HAVE THAT RECEIPT FROM SEPTEMBER OR ANY- ANYTHING? I CAN SEE IF THEY EMAILED IT, BUT I DON'T REALLY LOOK FOR IT.
BECAUSE IT SAYS SUBMIT, AND SO I'M ASSUMING BECAUSE IT'S SAYING SUBMITTED, IT'S SUBMITTED.
WHEN'S THE LAST TIME THAT SHE LOGGED ONTO AVENUE, MADE A PAYMENT? THE LAST PAYMENT WE RECEIVED IS OCTOBER 2026, WHICH WAS REVERSED ALSO.
SO - WHY IS IT GETTING REVERSED? UH, WE DON'T KNOW.
BUT IF- IF YOUR MONEY ISN'T BEING DRAFTED FROM THE ACCOUNT, THAT - BUT THEN WHY IS IT GOING SUBMITTED AND IT'S- IT'S MY ASSUMPTION IF IT'S GETTING SUBMITTED, THAT IT'S GETTING SUBMITTED.
WELL, YOU CAN HIT SUBMIT, BUT- BUT IF THERE'S AN ISSUE WITH THE ACCOUNT NUMBER THAT WAS - BUT THEN WOULDN'T...
WOULDN'T IT NOT GO THROUGH? WELL, LIKE - AND IT WOULDN'T GIVE ME AN ERROR AT THAT POINT AND NOT- NOT NECESSARILY.
WHEN- WHEN DID YOU MOVE OUT OF THE HOUSE? UM, ABOUT, LIKE, TWO YEARS AGO.
SO TWO YEARS AGO, SHE MOVED OUT OF A- A TYPE ONE STR.
WH- WHAT HAPPENS W- W- WHEN THAT - WHEN THAT OCCURS? UH, WELL, WE HAVE TO BE NOTIFIED THAT SHE NO LONGER LIVES THERE, BECAUSE, AGAIN PROPERTY, SO WE HAVE NO REASON TO BELIEVE OTHERWISE, BUT IF THAT'S THE CASE, SHE WOULD HAVE TO APPLY...
LET US KNOW APPLY FOR A TYPE TWO PERMIT.
SO YOU'VE REVOKED YOUR TYPE ONE PERMIT IN SEPTEMBER.
AND NORMALLY, THERE'D BE A ONE-YEAR, UM, HOLD BEFORE SHE COULD APPLY FOR ANOTHER PERMIT.
THE FACT THAT SHE NOW HAS TO BE A TYPE TWO, DOES THAT CHANGE THE ONE YEAR OR CHANGE ANYTHING? IT DOES NOT.
WHAT WOULD HAPPEN IF THE BOARD APPROVES THE APPEAL, THEN INSTEAD OF US REINSTATING HER TYPE ONE PERMIT, SHE WOULD HAVE TO APPLY FOR A TYPE TWO PERMIT.
ANY OTHER QUESTIONS BEFORE WE CLOSE THE PUBLIC HEARING? ALL RIGHT, I'M CLOSING THE PUBLIC HEARING.
WE'RE GOING BACK TO DELIBERATION.
WE'VE HEARD FROM COM - UM, IS THERE ANY OTHER COMMISSIONERS WHO WOULD LIKE TO ADD TO THE CONVERSATION? UH, MAY I JUST GET SOME CLARIFICATION FROM CITY? SO IS, UM, IS OUR APPLICANT CURRENT ON PAYMENTS FOR THOSE MONTHS NOT PAID TO THE CITY? OKAY.
UH, QUESTION FOR THE CITY, BONIUS? YES, COMMISSIONER BONIUS.
IF THIS PERMIT WERE TO GET REVOKED AND THEN SHE DOES APPLY FOR A TYPE TWO, WILL SHE HAVE TO PAY - SHE'LL HAVE TO PAY THE DELINQUENT TAXES IN ORDER TO FILE FOR A NEW PERMIT, YEAH? UM, STAFF WOULD VERIFY SHE'S BEEN...
SHE'S CURRENTLY NOT ACCOUNT, SINCE IT'S THE SAME PROPERTY OWNER AND PROPERTY.
UH, ANY OTHER COMMENTS? ALL RIGHT, HEARING NONE, UH, LET'S HAVE ROLL CALL VOTE.
UM, CAN I SAY SOMETHING? NOPE.
COMMISSIONER BENAVIDEZ? I DO NOT CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? I DO NOT CONCUR.
COMMISSIONER EBONIS? I DO NOT CONCUR.
COMMISSIONER CRUZ? I DO NOT CONCUR.
COMMISSIONER VASQUEZ? I DO NOT CONCUR.
COMMISSIONER BONIAS? I DO NOT CONCUR.
COMMISSIONER MANNA? CHAIR ORIEN.
UH, DID YOU GET TO HEAR FROM MANNA? UH, HE SAID HE C - WAS NOT ABLE TO HEAR US, SO...
OKAY, SO THE VOTE IS THREE TO SEVEN.
UM, SO WHAT HAPPENS IS, UH, YOU HAVE TO GET WITH STAFF, THEY'LL EXPLAIN THIS TO YOU, BUT AS OF SEPTEMBER, UM, YOU KNOW, YOU HAVE TO WAIT A YEAR BEFORE YOU CAN APPLY AGAIN.
AND WHEN YOU APPLY AGAIN, IT'LL HAVE TO BE FOR A TYPE TWO.
[00:25:15]
GOOD AFTERNOON.AND FOR ITEM TWO, IT IS THE SAME REQUEST - WELL, WE HEAR FROM STAFF FIRST, IF YOU CAN JUST TAKE A SEAT.
IT IS THE SAME REQUEST AS ITEM FOUR.
UM, SO IF THE BOARD WISHES TO, THEY CAN KIND OF READ THE MOTION AT THE SAME TIME.
IT'D BE BOA 195 AND 97, IF THAT'S THE BOARD, UH, WISHES.
YEAH, ON THAT, WHAT, WHAT IS THE...
THEY, THEY MADE TWO DIFFERENT APPLICATIONS? CORRECT.
WE TOLD THEM THEY NEEDED TO APPLY, HAVE TWO SEPARATE APPLICATIONS FOR TWO DIFFERENT LOTS ON THIS PROPERTY, OR TWO DIFFERENT SITES ON THIS PROPERTY.
WELL, BECAUSE THERE' TWO DIFFERENT CASE NUMBERS, HOWEVER YOU WANNA PRESENT IT, UH, SO THAT WE CAN STREAMLINE THIS, THAT'D BE GREAT.
ARE YOU ASKING ME HOW I WANNA PRESENT IT? JUST, JUST MENTION BOTH CASE NUMBERS AND MOVE FORWARD.
YEAH, IF YOU MENTION BOTH CASE NUMBERS, BECAUSE WE CAN, YOU KNOW, JUST TO KINDA STREAMLINE EVERYTHING, YOU HAVE TO REPEAT YOURSELF.
UM, I WILL JUST POINT OUT THAT FOR 195 AND 197, THE VARIANCE FOR THE FRONT SIGHT LINE DIFFERS BET - FOR ONE FOOT, SO - OKAY.
FOR EXAMPLE, THIS ONE UP HERE WILL SAY TO ALLOW SEVEN FOOT DISTANCE, THE OTHER CASES TO ALLOW SIX FOOT DISTANCE.
UM, SO BOA, OR ITEMS NUMBER TWO IS BOA-26-10300195.
ITEM NUMBER FOUR IS BOA-26-10300197.
BOTH ARE LOCATED IN DISTRICT FOUR AT 7650 WEST HIGHWAY 90.
THE ZONING IS MH MANUFACTURED HOUSING DISTRICT.
THE REQUEST FOR 195 IS A VARIANCE FROM THE MINIMUM SIX INCH EAVE REQUIREMENT FOR MANUFACTURED HOMES TO ALLOW EAVES LESS THAN SIX INCHES IN LENGTH, AND A THREE-FOOT VARIANCE FROM THE MINIMUM 10-FOOT REQUIRED SITE LINE DISTANCE TO ALLOW A SEVEN-FOOT DISTANCE FROM SITE LINE.
FOR 197, THE FIRST REQUEST IS THE SAME.
THE SECOND REQUEST IS A FOUR-FOOT VARIANCE FROM THE MINIMUM 10-FOOT REQUIRED SITE LINE TO ALLOW A SIX-FOOT DISTANCE FROM THE SITE LINE.
THE SUBJECT PROPERTIES ARE LOCATED OFF WEST INTERSTATE HIGHWAY 90.
SURROUNDING PROPERTIES ARE A MIXTURE OF COMMERCIAL, INDUSTRIAL, AND RESIDENTIAL-BASED ZONING DISTRICTS WITH OCL TO THE SOUTH.
THE CASE IS ORIGINATED FROM THE APPLICANT SUBMITTING PERMITS FOR NEW MANUFACTURED HOMES TO BE PUT ON THE LOTS, THUS PROMPTING A ZONING REVIEW AND SUBSEQUENTLY NECESSITATING A VARIANCE REQUEST.
PER STAFF'S VISIT TO THE PROPERTY ON OCTOBER 2026, THE MANUFACTURED HOMES HAVE ALREADY BEEN PLACED ON THE LOT.
VARIOUS PERMITS EXIST FOR THE SUBJECT PROPERTY THAT ARE NOT RELATED TO THE SPECIFIC SITES FOR 523 AND 204, WHICH ARE THE DESIGNATED SPACE NUMBERS FOR WHICH THE VARIANCES ARE SOUGHT.
THE APPLICANT MAY EITHER REPLACE AND/OR MOVE THE ALREADY LOCATED MANUFACTURED HOMES OR REQUEST RELIEF FROM THE SPECIFIC STANDARDS FROM THE BOARD OF ADJUSTMENT.
THIS IS THE SITE PLAN FOR CASE 195 FOR THE SEVEN-FOOT...
WELL, FOR THE EVE DISTANCE- DISTANCE AND THE SEVEN-FOOT VARIANCE.
THE SITE PLAN FOR THE OTHER CASE IS THE SAME, EXCEPT, LIKE I SAID, THERE'S A FOOT DIFFERENCE FOR THE FRONT SIGHT LINE DISTANCE.
THE OTHER MANUFACTURED HOME LOOKS VERY SIMILAR TO THIS ONE.
STAFF RECOMMENDS DENIAL FOR BOTH BOA-195 AND BOA-197 BASED ON THE FOLLOWING FINDINGS OF FACT FOR THE EAVES AND SIGHT LINE DISTANCE.
ONE, THE REQUESTED VARIANCES ARE CONTRARY TO THE PUBLIC INTEREST AS A REDUCED EAVE LENGTH WOULD NOT PROVIDE ADEQUATE PROTECTION TO THE PRIMARY STRUCTURE IN THE EVENT OF EXCESS WATER RUNOFF OR OTHER WEATHER EVENTS PRESENTING POTENTIAL HAZARDS IN WHICH THEIR IMPACTS WOULD BE LESSENED BY PROVIDING AN EAVE OF SIX INCHES OR LONGER.
TWO, GRANTING A VARIANCE TO THE SETBACK STANDARDS WOULD NOT BE IN THE SPIRIT OF THE ORDINANCE, AS A REDUCED LENGTH WOULD LEAVE LITTLE SEPARATION BETWEEN THE PROPERTY'S SITE LINE ON THE ENTRY SIDE TO THE MANUFACTURED HOME STAND, THUS PROVIDING INADEQUATE SEPARATION BETWEEN THE RESIDENCE AND THE STREET AND LIMITED ROOM FOR PROPERTY MAINTENANCE AND MITIGATION OF HAZARDS FROM FLOOD OR FIRE VANS.
THREE, THERE IS SUFFICIENT ROOM ON THE LOT TO PLACE A MANUFACTURED HOME THAT MEETS UDC STANDARDS AT LEAST 10 FEET BETWEEN THE SITE'S FRONTLINE AND THE MANUFACTURED HOME STAND WHILE MEETING ALL OF THE DEVELOPMENT STANDARDS.
ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
SPRINGVALE NIGHBORHOOD ASSOCIATION DID NOT PROVIDE A RESPONSE.
THESE COUNTS ARE SIMILAR FOR THE OTHER CASE.
AND THIS CONCLUDES STAFF'S PRESENTATION.
AND WE'RE GONNA PRESENT THE, UH, SITE PLAN AND THE NOTIFICATION PLAN FOR THE OTHER CASE JUST TO COMPLETE THE PRESENTATION.
SO THIS IS A SITE PLAN FOR 197 SHOULD
[00:30:04]
I KEEP GOING? AND JUST A NOTIFICATION PLAN, JUST TO MAKE SURE.THIS IS A NOTIFICATION PLAN FOR MY CASE.
SO, UM, THE STREET IN QUESTION, IS THAT A DRIVE OR A PUBLIC STREET? WHICH, WHICH STREET? UH, FOR THE SIX OR SEVEN FOOT MEASUREMENT.
IT IS, I'M ASSUMING IT, YOU SAID A PUBLIC OR PRIVATE? IS IT LIKE AN INTERIOR, LIKE INGRESS/EGRESS EASEMENT OR IS IT AN ACTUAL STREET? IT'S NOT ZONED CITY RIGHT OF WAY, SO I'M ASSUMING IT'S A STREET FOR THAT PROPERTY.
UM, BUT THE, BUT THE CODE WOULD NORMALLY REQUIRE 10 FEET.
DID STAFF HAPPEN TO NOTICE WHAT OTHER MANUFACTURED HOMES IN THE AREA? I DON'T KNOW THE DATES THAT THEY WERE PUT IN, BUT IS, IS EVERYONE GENERALLY HOLDING THE 10 FOOT LINE ON THE, ON THIS DEVELOPMENT? I CAN'T SAY FOR SURE.
WE DID NOT MEASURE ANY OTHER SITES, BUT THERE WERE A VARIETY OF LIKE NEWER AND OLDER MANUFACTURED HOMES ON THE PROPERTY.
SO I CAN'T REALLY SPEAK FOR ANY OF THE SITES WE DIDN'T - ALL RIGHT.
WELL, IS THERE ANY QUESTIONS FOR STAFF BEFORE WE ASK THE APPLICANT TO COME FORWARD? COMMISSIONER CRUZ.
UM, SO YOU'RE TELLING ME THERE'S MANUFACTURED HOMES, NEW AND OLDER ONES ON THE SAME LOT? IS THAT CORRECT? WELL, THE ONES FOR THIS CASE ARE NEWER.
UM, BUT WE ALSO DID NOTICE THAT THERE ARE MANUFACTURED HOMES THAT HAVE BEEN THERE FOR LONGER.
THEY'VE BEEN EXISTING FOR LONGER, IT SEEMS. I DON'T KNOW THE EXACT DATES THEY WERE PUT IN, BUT THEY DID SEEM OLDER.
AND, UH, COMMISSIONER MANNA, UH, ASKED ON THE CHAT IF THERE IS A GARMENT CODE SUPPORTING A NEED FOR AN EASEMENT.
UM, I LET HIM KNOW THAT THE CODE THAT WE'RE GOING OFF OF, THERE IS NOTHING, UM, THAT REQUIRES AN EASEMENT FOR THIS SPECIFIC, UH, CODE.
IS THIS GONNA ECHO? OH, YOU CAN HEAR ME.
SO ONE MORE QUESTION WAS WITH REGARDS TO THE, UM, UM, OVERHANG, IS, IS THERE GOVERNMENT CODE THAT'S, THAT SAYS THAT, YOU KNOW, I GUESS ENCOURAGES THAT, YOU KNOW, THAT FULL SIX INCHES, UM, RELATIVE TO, YOU KNOW, ENSURING THE, THE HEALTH AND SAFETY OF THE BUILDING STRUCTURE ITSELF OUTSIDE OF JUST COMMON SENSE? CAN YOU REPEAT THAT? IS THERE ANY EXTERNAL CODE DRIVING THE OVERHANG, BECAUSE WE'RE TALKING ABOUT REDUCING THE OVERHANG SIGNIFICANTLY, I GUESS, BY 50%.
SO IS THERE, YOU KNOW, CODE OR DEMONSTRATED, YOU KNOW, THINGS THAT HAVE BEEN DEMONSTRATED WHERE IT'S, IT'S ABSOLUTELY REQUIRED TO HAVE THAT MUCH OF AN OVERHANG? WE ARE BASING THIS VARIANCE OFF A PORTION OF CODE THAT DOES SAY THAT EAVES NEED TO BE AT LEAST SIX INCHES IN LENGTH.
THIS IS THE FIRST VARIANCE REQUEST OF THIS NATURE THAT I'M AWARE OF, WHERE THEY'RE ASKING FOR VARIANCE FROM THE EAVE, EAVE LENGTH.
AND IN THE UDC, THERE IS NO OTHER MENTION OF THIS REQUIRED EAVE, IF THAT'S WHAT YOU'RE ASKING.
KIND OF LIKE ON A REGULAR RESIDENTIAL HOME, IT DOESN'T HAVE THIS KIND OF RESTRICTION.
WH- WH- WHERE DOES THIS RESTRICTION APPEAR? WHAT SECTION? 35355C3.
STEVENS? COMMISSIONER STEVENS? DOES THE CITY HAVE A, A DIMENSION OF THIS EAVE? IT LOOKS LIKE WE'RE TALKING ABOUT LIKE A FOUR OR FIVE INCH EAVE, LIKE AN INCH OFF FROM - I CAN CHECK.
AND THAT'S 35354, NOT 355, SORRY.
UM, I DON'T KNOW IF WE HAVE THE MEASUREMENT OF THE EAVE ON THE SITE PLAN.THAT MIGHT BE SOMETHING THE, UH, APPLICANT CAN BETTER ANSWER THAN WE CAN.
AND, AND I'M ALSO CURIOUS THAT ISN'T THIS, UH, DOESN'T THE CITY REQUIRE THESE, THESE SITES TO BE PLATTED AS A, AS, AS LIKE, UM, A, A SPECIAL KIND OF MANUFACTURED HOME PLAT OR SOMETHING? ARE YOU TALKING ABOUT LIKE A MANUFACTURED HOME PARK PLAN? YEAH.
THE REASON I ASK IS ON, ON THE, ON THE MEMO IT GIVES A LEGAL DESCRIPTION THAT DOESN'T APPEAR TO BE PLATTED.
AND THAT'S WHY I WAS ASKING ABOUT THE, UH, THE STREET AND THE MEASUREMENT OF THE SEVEN FEET BECAUSE NORMALLY THE PLAT, BECAUSE I'VE DONE ONE OF THESE A LONG, LONG TIME AGO AND THEY, YOU KNOW,
[00:35:01]
YOU'RE, YOU'RE SUPPOSED TO DEFINE LIKE WHERE THE ROADS ARE AND SO YOU HAVE SOMETHING THAT TANGIBLE TO MEASURE TO AND I'M TRYING TO FIGURE OUT LIKE WERE, WERE Y'ALL MEASURING TO THE EDGE OF ASPHALT OR TO, TO A, AN ENTITLED, UH, EASEMENT OR SOMETHING? UH, MEASURE TO THE ASPHALT AND, UH, THIS MH WAS CREATED BEFORE THE, UH, MHP WAS ESTABLISHED IN 2003.UH, THAT'S - WELL, THAT WOULD BE THAT.
YEAH, SO IF THE APPLICANT ADDED GUTTERS TO THE EAVES, WOULD THAT MEET THE REQUIREMENT FOR THE SIX INCH EAVE OVERHANG? I BELIEVE WE SPOKE WITH, UM, THE PLAN REVIEW CATE - GROUP AND THAT WOULD NOT, YOU KNOW, MEET THE, UM, SIX INCH EAVE, UM - SO YOU WOULD JUST NEED TO TACK ON THE TWO INCH TRIM PIECE BASICALLY TO MEET THE - BASICALLY.
ANY OTHER QUESTIONS? LET THE APPLICANT COME FORWARD.
IT'S KIND OF NEW STUFF FOR US, SO, UH - IT'S NEW FOR ME TOO.
I'M THE REGIONAL MANAGER FOR LACKLAND MOBILE HOME PARK.
UM, IT IS A MOBILE HOME AND RV COMMUNITY.
UH, THIS HOME AND, UH, 523, AND THIS IS, UH, 204.
UM, THESE ARE TWO BRAND NEW HOMES WE'RE BRINGING IN.
THEY'RE TRUE BUILT HOMES, SO IT'S A MANUFACTURED HOME BUILDER.
THEY BUILD HOMES ALL OVER TEXAS AND THEY GO TO ALL THEIR STATES.
THEY'RE VERY FAMILIAR WITH THEM.
WE ACTUALLY JUST INSTALLED FOUR OTHER HOMES IN THIS COMMUNITY IN APRIL OR SO WITH NO ISSUE WHATSOEVER.
SO THIS IS A LITTLE BLINDSIDING TO US BECAUSE WE HAVE HAD NO ISSUES.
WELL, BE CAREFUL NOW BECAUSE THEY MAYBE WANTED TO HAVE YOU COME, COME BACK HERE BEFORE.
WELL, THAT WOULD BE A LITTLE, A LITTLE ODD, BUT, UH, YEAH, NO.
I MEAN, SO SOME OF THESE PHOTOS PRESENTED ARE JUST L - I JUST, TODAY I JUST DROVE THROUGH A COUPLE OTHER COMMUNITIES AND I WAS LIKE, "THIS ISN'T A BRAND NEW HOME, BUT IT'S RELATIVELY NEW.
I WOULD SAY IT'S PROBABLY WITHIN THE LAST COUPLE YEARS." UM, ALSO NO, YOU KNOW, NO EAVE WHATSOEVER.
AND JUST SOME OF THESE OTHER HOMES, YOU'LL SEE KIND OF AS HE'S GOING THROUGH THERE IS, YOU KNOW, RELATIVELY NEW HOMES WITHIN THE LAST, I WOULD SAY COUPLE YEARS, RELATIVELY SIMILAR.
I WOULDN'T EVEN BE SURPRISED IF IT'S THE SAME BUILDER, JUST KIND OF SHOWING, YOU KNOW, SIMILAR SETUP.
I'VE TALKED TO ALSO SOME OF THE BUILDERS AND THE DEALERSHIPS LOCALLY, BECAUSE I WAS JUST TRYING TO UNDERSTAND IF THIS WAS, UH, UH, SOMETHING NEW BECAUSE THE CODE OBVIOUSLY IS NOT NEW.
UM, N- NOR THE MANUFACTURERS, UH, THE DEALERSHIPS.
I HAVE TWO INSTALLERS I'M WORKING FOR, UM, AND NO ONE'S BEEN ABLE TO SAY, OR, "YEAH, THIS IS NORMAL, THIS IS EXPECTED." I'VE NOT BEEN ABLE TO FIND CONCLUSION ON THIS.
UH, SO ONE QUESTION I HAD WAS THE ROADWAY.
SO THE MEASURING, IT'S SUPPOSED TO BE 10 FEET AWAY, BUT DO YOU HAVE LIKE INTERIOR EASEMENTS? THERE'S A WALKWAY.
SO THERE'S LIKE A, I WOULD SAY ABOUT THREE FOOT LITTLE WALKWAY.
SO THE DRIVE, A LITTLE THREE FOOT WALKWAY, AND THEN, YOU KNOW, THE LITTLE SPACE AND THEN THE HOME, SO.
IS THAT AN EASEMENT OR IS THAT JUST- JUST A STRAIGHT, UM, PRIVATE LITTLE ROAD THROUGH OUR COMMUNITY.
SO YOU CAN MOVE THE ROAD IF YOU WANTED TO.
LIKE THERE'S NOTHING, THERE'S NOTHING THAT SAYS THIS ROAD HAS TO BE RIGHT HERE LIKE IT'S IN AN EASEMENT.
SO IT'S BEC - SO YOU WOULDN'T BE ABLE TO BECAUSE THERE'S HOMES ON THE OPPOSITE SIDE OF THE ROAD.
SO THERE'S HOMES ON ALL SIDES.
ARE THOSE HOMES 10 FEET AWAY? UH, I WOULD IMAGINE SO.
SO SOME OF THEM, THAT WAS THE OTHER POINT I WAS GONNA MAKE IS THEY'RE ONLY THREE FEET, THEY'RE AT THE CURB WHERE THE SIDEWALK IS, WHICH IS ONLY ABOUT THREE FEET FROM THE ASPHALT, WHICH IS THE ROADWAY.
AND THIS, THIS WAS STARTED IN THE '80S? SO THE, THE PROPERTY WAS DEVELOPED OVER LIKE MULTIPLE YEARS, BUT I THINK THE LAST DEVELOPMENT, THE FINALIZATION OF THE COMMUNITY WAS BETWEEN THE '70S AND '80S.
STAFF, WHEN DID, WHEN DID THIS 10 FOOT REQUIREMENT COME IN? BECAUSE I'M, I'M LOOKING AT THE SECTION OF THE UDC.
WAS THIS, WAS THIS 2015 OR WAS THIS LIKE 1997? THIS SECTION OF THE CODE HAS BEEN THERE SINCE, UH, BEFORE 2020, OR 2001.
SO I, SO THAT WAS IN THE ORIGINAL ORDINANCE.
BUT IF THIS, IF THIS DEVELOPMENT CAME INTO PLAY BEFORE THAT, THEN THERE, THERE'S AN ESTABLISHED, WHAT I'M S - I'M GETTING AT, THERE'S, THERE'S AN ESTABLISHED ROADWAY AND THERE'S, AND THERE'S ESTABLISHED SLIPS OR, OR SPACES FOR, FOR THESE HOMES TO GO THAT, BECAUSE TODAY THEY WOULD HAVE TO DO SOME SORT OF A PLAN OR A PLAT TO DEFINE THESE THINGS, RIGHT? I BELIEVE SO.
AND THAT'S ONE OF THE THINGS WE WERE TRYING TO ESTABLISH TO SEE WHETHER THEY ESTABLISHED THIS LOT BEFORE 2001, JUST ON OUR BASIS OF RECOMMENDATION, NOT WHETHER THEY NEED IT OR NOT.
DO YOU, DO YOU HAVE A MANUFACTURED HO-
[00:40:01]
HOME PLAN? OF THE COMMUNITY ITSELF THAT - IS IT RECORDED? I, I'VE TRIED LOOKING, UM, THROUGH ALL THE ARCHIVE THAT I HAVE IN OUR, IN OUR, YOU KNOW, WHEN WE PURCHASED THE COMMUNITY IN 2000 AND, 2020, UH, I COULDN'T FIND ANYTHING IN MY RECORDS THAT I WAS TRYING TO PROVIDE TO, YOU KNOW, THE STAFF AS WELL.UH, WHAT, WHO'S THE ACTUAL OWNER OF THIS THING? SO, UH, THE, THE, THE PROPERTY IS JUST CALLED LACKLAND MOBILE HOME PARK, LLC.
SO IF THERE'S ANY OTHER QUESTIONS, I, UM...
UH, JUST SPEAK TO THE HARDSHIP IF THIS VARIANCES WERE TO BE DENIED AND, AND THE MOBILE HOME WERE TO BE MOVED OUT, IS, IS THERE A HARDSHIP TO YOU AND YOUR GROUP OR TO THE FAMILIES THAT MIGHT HAVE CALLED THIS HOME OR...
SO WE HAVEN'T EVEN HAD AN OPPORTUNITY TO HAVE IT, UM, BE INHABITED.
IT IS A BRAND NEW HOME, NEVER BEEN OCCUPIED.
I THINK THE, THE CHALLENGE IS, OF COURSE, WE HAVE PEOPLE THAT ARE INTERESTED IN THESE HOMES.
THEY'RE L - RELATIVELY LOW COST.
THEY'RE ABOUT 1095 FOR A TWO BEDROOM, TWO BATH, SO RELATIVELY LOW COST COMPARED TO AN APARTMENT, THEY'RE GETTING A HOME, AND THEN WE ENCOURAGE THEM TO, OF COURSE, BE HOME OWNERSHIPS.
WE HAVE A, YOU KNOW, RENT-TO-OWN PROGRAM.
SO I THINK IT JUST REMOVES THAT ASPECT OF IT TOO FROM - FOR THAT AFFORDABLE HOUSING.
IN THAT PART OF THE CITY, YEAH.
UH, WITH COMMISSIONER BONILLAS AND COMMISSIONER MANNA.
IS THERE A WARRANTY GIVEN WITH THESE HOMES? SIR, IS THERE A WARRANTY GIVEN WITH THESE HOMES? YES.
SO THE MANUFACTURER PROVIDES A ONE-YEAR WARRANTY ON THEIR HOMES.
UH, THIS PARTICULAR HOME, WHAT TYPE OF SIDING IS THAT ON THE WALLS? UH, I FORGET.
NO, TH- THOSE ARE VINYL, BUT THE, THE, THE OTHER ONE, THE NEW ONE THAT WE'RE, WE'RE PROPOSING HERE.
YES, I, I BELIEVE THEY'RE VINYL AS WELL.
OH, OH, IT'S, UH - THE PRESENTATION'S A DIFFERENT MATERIAL.
I'M TRYING TO SEE IF THAT IS CEMENT FIBER OR IF THAT'S A WOOD PARTICLE.
NO, IT'S, UH, WHAT DO THEY CALL THAT MATERIAL? UH, IT'S LIKE, UM, IT'S LIKE A WOOD TYPE MATERIAL.
IF IT WERE LIKE A CEMENT FIBER, I'D FEEL BETTER BECAUSE THEN WE KNOW IT'S NOT GONNA ROT OUT OVER TIME.
THE VINYL ONES IN THE PICTURES EITHER, THOSE ARE, YOU KNOW, BETTER TOWARDS WATER.
THIS WOOD FIBER WITHOUT, LIKE, A REAL SUFFICIENT OVERHANG IS JUST GONNA, IT'S GONNA BEAT UP THAT SIDING AND IT'S NOT GONNA HAPPEN THE FIRST YEAR, BUT IT WILL HAPPEN EVENTUALLY.
UM, THAT'S MY, THAT'S MY TAKE ON THAT.
WELL, COMMISSIONER MANNO, YEAH.
YEAH, SO I, I DID A QUICK GOOGLE SEARCH.
UM, FANNIE MAE LOANS REQUIRE, UM, THE SIX INCH OVERHANG, UM, SO, UM, ON MANUFACTURED HOMES.
SO, SO, YOU KNOW, IT DOES SEEM LIKE THERE'S SOME CHALLENGES GOING LONG-TERM FOR PEOPLE THAT MAY EVENTUALLY BUY THESE HOMES.
UM, IT DOES SAY THAT THERE ARE SOME OUT THERE THAT DON'T HAVE IT, BUT, UM, BUT I GUESS FROM A FANNIE MAE PERSPECTIVE, YOU KNOW, THEY'RE EXPECTING THOSE, SO.
SO IF I MAY S - BE ABLE TO SPEAK ON THAT, UM, THE- THESE HOMES BEING CONSIDERED PRIVATE PROPERTY, THEY'RE NOT REAL ESTATE, SO, UH, FANNIE MAE LOANS ARE NOT EVEN POSSIBLE.
YOU CAN, YOU CAN ONLY GET LOANS THROUGH, UH, THERE'S, THERE'S ACTUALLY SEVERAL COMPANIES, BUT THERE ISN'T ANY, LIKE, UM, LIKE, GOVERNMENT-BACKED LOANS.
COMMISSIONER STEVENS? WHAT WOULD YOU SAY IS THE, THE APPRO - I DON'T KNOW IF THIS IS WORKING.
WHAT, WHAT'S THE APPROXIMATE DEPTH OF YOUR EAVE? THE DEPTH OF THE EVE, THAT'S A GREAT QUESTION.
UM, I, I WOULD SAY THAT THEY'RE FROM THE TRUST.
SO THEY PROVIDED TO US, THE MANUFACTURER PROVIDED A, UH, TRUSS MEASUREMENTS, THE PLANS FOR THE TRUSSES.
UM - YEAH, SO, SO WHAT WE HAVE, SO WHAT WE HAVE IS FOUR AND THREE QUARTERS.
FROM THE RESIDENTIAL PERMIT PLANS? CORRECT.
UH, FROM THE RESIDENTIAL BUILDING PERMIT.
AND SO PER CITY CODE, YOU'RE REQUIRED SIX INCHES.
DO YOU FEEL THAT THE FOUR AND THREE QUARTERS THAT YOU CURRENTLY HAVE IS ADEQUATE TO PROTECT THE WALLS OF THIS HOUSE? I DO BELIEVE SO.
THE REASON BEING THAT THESE ARE HOMES HAVE BEEN INSPECTED BY HUD DIRECTLY AT THE FACTORY.
SO IF THEY WERE NOT TO MEET TO CERTAIN CODE, THEN THE HUD WOULD NOT HAVE APPROVED THEM.
ANY OTHER QUESTIONS? BONILLAS, WOULD YOU BE OPEN TO PUTTING GUTTERS ON THIS HOME? UH, YES, YES.
I WOULD BE, I WOULD BE OPEN TO THAT.
WE, WE ACTUALLY ASKED FOR THAT, IF THAT WAS A POSSIBILITY.
ANY OTHER QUESTIONS? SO WE HAVE, UH, YOU'RE AMENDING YOUR APPLICATION TO INCLUDE GUTTERS? WE, WE CAN.
WELL, ARE YOU?
WELL, WE CAN'T SET CONDITIONS.
UM, BUT IF YOU WOULD LIKE TO, UH, ADD THAT TO YOUR, UH, APPLICATION, THAT MIGHT SWAY SOME COMMISSIONERS, BUT THAT'S UP TO YOU.
SO WE HAVE AN AMENDED APPLICATION TO INCLUDE GUTTERS.
UM, IS THERE ANY OTHER QUESTIONS
[00:45:01]
BEFORE WE MOVE ON? OKAY.SO WE'VE GOT TWO MOTIONS, UH, ON THE...
WE HAVE TWO DIFFERENT CASE NUMBERS.
UM, IS THE, IS THE, UH, MOTION SKELETON WRITTEN FOR BOTH OR ARE WE DOING THESE SEPARATELY? SO IF YOU WANT TO, UM, MENTION BOTH CASE NUMBERS, AND THEN FOR ITEM NUMBER TWO, YOU JUST KIND OF HAVE TO MAKE THE DISTINCTION.
ONE IS FOR HOWEVER FEET AND THEN THE OTHER ONE FOR THE OTHER FEET.
SO I'LL LEAVE THAT UP TO WHOEVER WANTS TO READ THE MOTION, BUT BY THE WAY, I DID FIND YOUR PLAT, MANUFACTURED HOME PLAT, SO VOLUME 9511, PAGE 142.
IN FACT, BEFORE WE READ THE MOTION, STAFF, IS THERE ANY WAY YOU CAN BRING THAT UP? I JUST WANT TO CHECK SOMETHING.
WHAT WAS THE VOLUME AGAIN? UH, THERE'S, THERE'S TWO OF THEM.
THE OTHER ONE IS 9511, UH, PAGE, UH, 142.
CAN YOU SAY THAT, I'M SORRY, CAN YOU SAY THAT ONE MORE TIME? UH, VOLUME 9511, PAGE 142.
AND, AND THIS ONE DOESN'T REALLY SEEM TO INCLUDE, UH, THEY, THEY INCLUDE EASEMENTS FOR THE WATER AND THE UTILITIES, BUT NOTHING FOR, UH, THE EASEMENT, UH, FOR THE, FOR THE ACCESS.
SO IT LOOKS LIKE YOU JUST HAVE THIS BIG OPEN SLATE.
SO THAT'S, I JUST WANTED TO SEE IF YOU WERE, YOU KNOW, ENCROACHING INTO ANYTHING THAT WAS IN, THAT YOU WERE ENTITLED OR SUPPOSED TO BE FOLLOWING.
AND SO I, SO, SO FAR, IT DOESN'T LOOK LIKE THAT'S THE CASE, AT LEAST FOR PAGE 142.
AND THE OTHER ONE, AGAIN, IT'S JUST ONE BIG LOT, SO.
I GUESS I DON'T NEED TO SEE IT.
U- UNLESS SOMEONE ELSE ON THE COMMISSION WANTS TO SEE THAT.
ALL RIGHT, HEARING NONE, UH, LET'S MOVE ON TO THE MOTION.
REGARDING CASE NUMBER BOA2610300195 AND BOA20610300197, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A BOA VITA COMMUNITIES FOR ONE, A VARIANCE FROM THE MINIMUM SIX INCH EAVE REQUIREMENT FOR MANUFACTURED HOMES TO ALLOW EAVES LESS THAN SIX INCHES IN LENGTH, UM, WITH GUTTERS PROVIDED, AND TWO, A THREE-FOOT VARIANCE FROM THE MINIMUM 10-FOOT REQUIRED SIGHT LINE DISTANCE TO ALLOW SEVEN-FOOT DISTANCE FROM THE SIGHT LINE LOCATED AT 7650 WEST HIGHWAY 90, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UN- UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
IN THIS CASE, REDUCED EAVE PROJECTION IN THIS CASE WOULD BE COMPATIBLE WITH THE SURROUNDING AREA AND A REDUCED SIGHT LINE DISTANCE WOULD ALLOW FOR A MANUFACTURED HOME TO BE REASONABLY ACCOMMODATED ON THE PROPERTY.
TWO, DUE TO SPECIAL CONDI- CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THESE STANDARDS WOULD CREATE UNNECESSARY HARDSHIP BY RESTRICTING THE REASONABLE PLACEMENT OF A MANUFACTURED HOME ON THE LOT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REDUCTION OF THE EAVE LENGTH AND THE SIGHT LINE DISTANCE IS MINIMAL AND WILL CAUSE NO HARDSHIP TO THE SUBJECT AND SURROUNDING PROPERTIES.
FOUR, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION TO, OF A USE OTHER THAN THOSE USE, USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO OTHER, 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 THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
A VARIETY OF SURROUNDING DWELLINGS HAVE A RANGE OF EVELY LENGTHS AND DISTANCES FROM SIGHT LINES.
SIX, THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PLIGHT OF THE PROPERTY OWNER IS DUE TO THE UNIQUE CIRCUMSTANCE OF THE SIZE OF THE LOT AND LIMITATIONS BY MANUFACTURED HOMES, THUS LIMITING THE AVAILABLE OPTIONS FOR PLACING A NEW STRUCTURE ON
[00:50:01]
THE LOT.I JUST ALSO WANNA CONFIRM FOR 197 THAT YOU WANTED TO ADD THE, UM, A FOOT, FOUR FOOT VARIANCE, BECAUSE YOU READ THE THREE FOOT VARIANCE FOR 195, BUT WE ALSO NEED THE - SO IT...
SO A FRIENDLY AMENDMENT THAT FOR, FOR A CASE, UH, ENDING IN 195, WHICH IS SPACE 523, IT'S A THREE FOOT VARIANCE, AND THEN FOR A CASE ENDING IN 197, WHICH IS SPACE 204, IT'S A, UH, FOUR FOOT VARIANCE.
SO WHO'S THE SECOND? I'LL SECOND IT.
UH, I THINK THE, THE EAVE WAS ONE OF THE ISSUES THAT, THAT I WAS, UH, KINDA HUNG UP ON, BUT IF WE'RE GONNA PUT SOME GUTTERS ON THERE, I'M OKAY WITH THAT.
UM, AND YEAH, UM, I'LL BE IN FAVOR.
ANY OTHER COMMISSIONERS LIKE TO ADD? YEAH, I'LL BE SUPPORTING THE VARIANCE AS WELL, UH, PROVIDES AFFORDABLE HOUSING TO MUCH NEEDED, UH, AREA OF THE CITY.
ANYONE ELSE? HEARING NONE, ROLL CALL VOTE, PLEASE.
AND AGAIN, THIS IS, WE'RE VOTING ON ITEMS TWO AND FOUR AT THE SAME TIME.
COMMISSIONER BONIAS? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER IBANES? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN GET WITH STAFF.
ITEM NUMBER THREE IS BOA2610300196, APPLICANT BEING PHILLIP ROSS, LOCATED WITHIN CITY COUNCIL DISTRICT 10, LOCATED AT 175 HILLVIEW DRIVE, ZONING BEING NP10, NEIGHBORHOOD PRESERVATION DISTRICT.
THIS BEING A REQUEST FOR ONE, A 15-FOOT VARIANCE FROM THE MINIMUM REQUIRED 20-FOOT SETBACK TO ALLOW FOR A PRIMARY DWELLING TO BE FIVE FOOT FROM THE REAR PROPERTY LINE.
TWO, A THREE-FOOT FENCE HEIGHT SPECIAL EXEMPTION FROM THE MAXIMUM THREE-FOOT FRONT YARD TO ALLOW A SIX-FOOT PRIVACY FENCE IN THE FRONT YARD.
SUBJECT PROPERTY IS LOCATED JUST SOUTH OF SAN ANTONIO INTERNATIONAL AIRPORT, SURROUNDED BY SIMILAR ZONE PROPERTIES BEING USED AS SINGLE-FAMILY DWELLINGS.
THE APPLICANT PROPOSES AN ADDITION THAT WOULD ENCROACH INTO THE REQUIRED SETBACKS.
A 15-FOOT ALLEY ALONG THE REAR PROPERTY LINE REDUCES THE REQUIRED REAR SETBACK TO 12 AND A HALF FEET.
ADDITIONALLY, THE APPLICANT SEEKS TO RETAIN AND ENCLOSE AN EXISTING FENCE THAT HAS HISTORICALLY OCCUPIED ITS CURRENT LOCATION, BUT DOES NOT COMPLY WITH THE FENCE HEIGHT REGULATIONS.
THE PROPERTY IS A CORNER LOT WITH A SIDE FRONTAGE ALONG A ARTERIAL ROADWAY.
SUBJECT PROPERTY SURROUNDING AREA.
STAFF RECOMMENDS DENIAL REGARDING THE REAR SETBACK AND BOA 261030196 BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE EXISTING 15-FOOT REAR ALLEY, UH, ALREADY ALLOWS A REDUCTION OF THE REQUIRED REAR SETBACK FROM 20 TO 12 AND A HALF FEET, PROVIDING RELIEF UNDER THE CURRENT STANDARDS.
TWO, NO UNIQUE PROPERTY CONDITIONS OR UNNECESSARY HARDSHIP HAVE DEMONSTRATED TO JUSTIFY A FURTHER REDUCTION TO FIVE FEET, WHICH WOULD UNDERMINE THE INTENT OF THE SETBACK REQUIREMENTS.
STAFF RECOMMENDS APPROVAL, UH, REGARDING THE FENCE HEIGHT SPECIAL EXEMPTION AND BOA 2610300196 BASED ON THE FOLLOWING FINDINGS OF FACT.
ONE, THE FENCE WILL REMAIN AT ITS, AT ITS HISTORIC LOCATION, UH, WITHOUT EXTENDING FURTHER INTO THE FRONT YARD OR CREATING CLEARER VISION CONCERNS.
TWO, THE ADDITIONAL HEIGHT WILL PROVIDE PRIVACY AND SECURITY, UH, WITHOUT SUS - SUBSTANTIALLY IMPACTING NEIGHBORING PROPERTIES OR ALTERING THE CHARACTER OF THE SURROUNDING AREA.
AND THE OAK PARK NEIGHBORHOOD ASSOCIATION IS IN SUPPORT.
AND THIS IS THE LETTER, UH, FROM THE NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES STAFF'S PRESENTATION AND THE APPLICANT IS PRESENT.
UH, THIS SITE PLAN IS A LITTLE, A LITTLE BLURRY.
UM, IS, WAS THERE SOMETHING THERE BEFORE? UH, BECAUSE I'M LOOKING BELOW WHERE IT SAYS PROD - PROPOSED ADDITION IN YELLOW.
[00:55:01]
SOME BOXES THERE.LIKE WAS THERE S - WAS THERE A GARAGE OR WAS THERE SOME OTHER STRUCTURE THAT WAS THERE BEFORE? UH, FROM OUR SITE, I MEAN, IT'S, IT'S JUST A, A DECK.
I THINK IT HAS A SMALL SHED ON IT THAT'S, UH - THAT'S WHAT WAS THERE BEFORE? YEAH.
AND HE'S TRYING TO PUT IT IN LIKE AN AIR CONDITIONED LIVABLE SPACE? CORRECT.
ANY QUESTIONS FOR STAFF BEFORE WE HAVE THE APPLICANT COME FORWARD? ALL RIGHT.
HEARING NO, LET'S HAVE THE APPLICANT COME FORWARD.
HOW YOU DOING, SIR? PLEASE STATE YOUR NAME AND TELL ABOUT, TELL US ABOUT YOUR PROJECT.
I LIVE THERE WITH MY FAMILY OF FIVE.
SO I'LL RESPECTFULLY DO MY BEST HERE.
UM, I HAVE NO PRESSURE ON ME WHATSOEVER.
UH, MY WIFE HAS TOLD ME SHE WANTS TO LIVE IN THIS HOUSE FOREVER, SO I'M GONNA DO MY BEST, UH, TO CONVINCE YOU GUYS.
UM, AS FAR AS THIS HOME, UH, YEAH, GREAT.
HERE'S THE, THE STRUCTURE YOU WERE SEEING IN THAT PHOTO.
UM, IT IS A STORAGE SHED AND THEN BEHIND IT HAS A DECK, AND IT ACTUALLY EXTENDS INTO THE AREA WE'RE GONNA BUILD A LITTLE BIT FURTHER THAN WHAT WE HAVE PLANNED.
SO I THINK WE'LL ACTUALLY BE MORE CONFORMING, UH, WITH WHAT I'M GONNA BUILD THAN WHAT IS THERE.
UM, THE OVERALL, UH, PROBLEM WITH THIS LOT COMPARED TO THE OTHER HOUSES ON THE STREET, THIS ONE IS ON THE END.
I THINK WE HAVE THE PLAT OR THE ABOVE PHOTO.
UM, EVERY OTHER HOUSE ON THE STREET, THAT'S AN INTERESTING PHOTO.
AND SO, UH, PRESUMING THE BUILDER BACK IN THE 50S, UM, HIS SOLUTION WAS TO BUILD THE HOUSE SIDEWAYS.
AND YOU CAN SEE IT IN COMPARISON TO ALL THOSE OTHER HOMES.
AND SO ONE OF THE SOLUTIONS FOR THE WAY THEY BUILT THIS HOME IS THE FRONT DOOR AND THE FRONT OF THE HOUSE ACTUALLY FACES LOT EIGHT, AND THE BACK OF THE HOUSE, UM, AND THE BACKYARD FACES NACODOCIOUS.
AND SO FUNCTIONALLY, THAT 151 FEET ON THE ALLEY IS ACTUALLY THE SY - SIDE YARD OF THE HOME, AND THE 68 FEET IN FRONT IS, UH, CONSIDERED THE FRONT OF THE HOME BY THE CITY, BUT IT IS ACTUALLY, AGAIN, LIKE THE SIDE OF THE HOUSE.
UM, THE REASON WHY WE'RE WANTING TO BUILD TOWARDS THE ALLEY IS WE DON'T HAVE ANY OTHER RATIONAL SPACE TO, TO MAKE SPACE FOR MY FAMILY.
UM, THIS IS THE ONLY AREA WHERE IT'LL HAVE A MINIMAL, UM, IMPACT ON THE NEIGHBORHOOD AND THE VIEW.
AND THE OTHER OPTION WE HAD WAS TO MAKE IT DETACHED, AND THEY TOLD US I COULD DO THAT WITHOUT ANY SPECIAL VARIANCE, BUT, UH, WE THINK THAT'D BE KIND OF DISJOINTED AND A LITTLE BIT UGLY AND MORE CUMBERSOME ON THE NEIGHBORHOOD.
UM, IN REGARDS TO THE FENCE, UH, WE CAN LOOK AT THE BEFORE PHOTO.
THERE WAS A FENCE THERE, UH, WHEN WE BOUGHT THE HOME.
IT HAD A LARGE GAP, UH, IN WHAT IS CONSIDERED THE F - THE FRONT.
IT'S ON A VERY BUSY STREET OF NACODOCIOUS, AND SO THERE'S A LOT OF CAR TRAFFIC THERE, AND I DIDN'T FEEL PARTICULARLY SAFE HAVING MY FAMILY JUST ON THE OPPOSITE SIDE OF THAT, ON SUCH A BUSY STREET.
WE ALSO HAD A LOT OF FOOT TRAFFIC, UH, FOR WHATEVER REASON BEING ON THE END, PEOPLE WHEN THEY WALKED BY, THEY FELT LIKE THEY COULD JUST HELP THEMSELF TO MY HOSE BIB.
UM, WE HAD A GENTLEMAN THAT WOULD COME SHOWER.
WE LEFT OUT SOME REALLY EXCITING PHOTOS.
WE, WE GOT YOU THE ONES WHERE HE'S WEARING CLOTHES.
UM, BUT HE WOULD PUT THE HOSE OVER THE FENCE AND TAKE A SHOWER THERE.
SO THERE WAS SOME HASTE FOR US TO BUILD THAT FENCE.
UM, WHEN LOOKING AT IT, I HONESTLY DIDN'T EVEN THINK TO PERMIT IT BECAUSE THERE'S ALREADY A FENCE THERE.
WE WERE JUST FILLING IN A GAP.
I JUST, I THOUGH IT WAS REASONABLE AND I HAD A REASON TO MOVE FAST.
THEY FOUND IT WHEN THEY CAME TO LOOK AT OUR VARIANCE FOR THE ADDITION, AND I JUST DECIDED TO GO AND ADD THAT ON.
SO HOW BIG IS THE ALLEY? IS 15 FEET? CORRECT.
AND, AND IT LOOKS LIKE YOUR, UM, UH, RECEPTACLE PICKUP, UH, FROM SOLID WASTE IS, THEY DO THAT IN THE ALLEY? CORRECT.
UH, D - WILL YOU BE, WILL YOU BE USING IT TO ACCESS YOUR REAR YARD FOR PARKING OR ANYTHING? NO.
WE'RE NOT GONNA CHANGE THE PARKING.
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FROM THE, UH, COMMISSION? MANNA.SO, UM, CURRENTLY WITH REGARDS TO THE FOOTPRINT OF THE FENCE, IS THAT GONNA CHANGE AT ALL WITH WHERE, WHERE IT'S CURRENTLY LAID OUT OR, UM, YOU'RE, YOU'RE OKAY WITH WHERE IT CURRENTLY SITS? YEAH, WE'RE NOT GONNA CHANGE ANY OF THE FENCING.
AND HOW TALL OF AN ADDITION ARE YOU WANTING TO BUILD? IT'S GONNA BE SINGLE LEVEL.
IN FACT, WE WANT IT TO MATCH THE REST OF THE HOME.
UM, IT'S, IT HAS A SLANTED ROOF THAT ACTUALLY MATCHES, UH, I, I THINK IT'S ACTUALLY JUST A BLURRY PICTURE.
I DON'T NEED MY READERS FROM HERE, BUT, UM, ACROSS THE WAY, IT'S GONNA MATCH THE ROOF OF THE OTHER SIDE.
UH, SEE HOW IT'S SLANTED RIGHT THERE? THE ADDITION WILL BE FACING THAT AND THEY'RE, THEY'RE BOTH GONNA BE LIKE THIS.
SO IT'S GONNA, WE'RE HOPING TO MAKE IT LOOK LIKE IT'S BEEN THERE SINCE THE HOME'S INCEPTION.
UH, ARE YOU GETTING ELECTRICAL FROM THE ALLEY? YES.
SO THAT'S ONE THING I DID NOTICE, THAT'S WHY I WAS ASKING ABOUT IT BEING SINGLE STORY, UH, IS BECAUSE CPS PUT ALL THEIR, THEIR POLES RIGHT ON THE EDGE OF THE ALLEY ALL THE WAY FROM THE OTHER SIDE OF THE BLOCK TO THERE.
AND, AND, UH, IT WOULD, THE FACT THAT IT'S ONE STORY IS SOMETHING THAT WOULD MAKE ME WANT TO SUPPORT IT BECAUSE AT LEAST YOU'RE, YOU'RE GUARANTEEING YOU'LL BE 10 FEET AWAY FROM THE, UH, POWER LINES.
UH, SO THAT'S, SO THIS GOES BACK TO OUR SESSION IN THE WORKSTATION ABOUT TALKING ABOUT ONE STORY AND SETBACKS.
AND BECAUSE THERE IS A NEXUS THERE OF THAT THE ONE STORY WOULD BE FOR ONLY THE AREA THAT IS ENCROACHING THE SETBACK, I BELIEVE THAT THAT WOULD BE A POSSIBLE, UH, CONDITION TO ADD.
I WOULD APPRECIATE WHOEVER MAKES A MOTION TO PLEASE ADD SOMETHING ABOUT IT BEING ONE STORY.
UM, IS THERE ANY OTHER QUESTIONS? ANYONE SIGN UP TO SPEAK? NOBODY SIGNED UP TO SPEAK.
WHO WOULD LIKE TO MAKE A MOTION ON THIS ONE? BONIUS.
YOU WANT IT? COMMISSIONER BONILLAS? ALL RIGHT, HERE WE GO.
UH, REGARDING CASE NUMBER BOA2610300196, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST, UH, BY PHILLIP ROSS FOR A THREE FOOT FENCE HEIGHT, UH, SPECIAL EXEMPTION FROM THE MAXIMUM THREE FOOT FRONT YARD TO ALLOW A SIX FOOT PRIVACY FENCE IN THE FRONT YARD LOCATED AT 175 HILLVIEW BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT LITERAL ENFORCEMENT OF THE PROVI - OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXEMPTION WILL BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THE CHAPTER.
THE REQUESTED HEIGHT IS CONSISTENT WITH THE INTENT OF THE UDC TO PROVIDE REASONABLE, REASONABLE PROPERTY PROTECTION, PRIVACY, AND SECURITY WHILE MAINTAINING COM- COMPATIBILITY WITH THE SURROUNDING AREA.
B, THE PUBLIC WELFARE, UH, AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE INCREASED FENCE HEIGHT WILL PROVIDE ADDITIONAL PRIVACY, SECURITY, AND PROTECTION FOR THE PROPERTY AND ITS OC- OCCUPANTS.
THE FENCE WILL ESTABLISH A CLEAR BOUNDARY WHILE HELPING TO CREATE A MORE SECURE AND COMFORTABLE ENVIRONMENT FOR THOSE UTILIZING THE PROPERTY.
C, THE NEIGHBORING PROPERTY WOULD NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE PROPOSED SIX FOOT FENCE IS NOT ANTICIPATED TO SUBSTANTIALLY INJURE NEIGHBORING PROPERTIES.
THE ADDITIONAL HEIGHT WILL PROVIDE SCREENING AND SEPARATION WITHOUT CREATING AN UNREASONABLE IMPACT ON THE ADJACENT PROPERTY OWNERS OR THEIR USE AND ENJOYMENT OF THEIR PROPERTIES.
D, THE SPECIAL EXEMPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND, AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXEMPTION IS SOUGHT.
THE PROPOSED FENCE HEIGHT WILL NOT SUBS - WILL NOT SIGNIFICANTLY ALTER THE ESTABLISHED CHARACTER OF THE SURROUNDING DISTRICT.
THE FENCE WILL CONTINUE TO SERVE AS A BOUNDARY AND SCREENING FEATURE AND THE ADDITIONAL HEIGHT IS NOT EXPECTED TO NEGATIVELY AFFECT THE OVERALL APPEARANCE OR RESIDENTIAL CHARACTER OF THE AREA.
E, THE SPECIAL EXEMPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREON ESTABLISHED FOR THE SPECIFIC DISTRICT.
GRANTING THE REQUEST, REQUESTED EXEMPTION WILL NOT UNDERMINE THE, UH, GENERAL PURPOSE OF THE DISTRICT OR THE INTENT OF THE, OF THE FENCE HEIGHT REGULATIONS.
THE REQUEST IS LIMITED TO THE PROPOSED FENCE HEIGHT AND WILL CONTINUE, WILL CONTINUE MAINTAIN PROPERTY BOUNDARIES, PRIVACY, AND COMPATIBILITY WITH SURROUNDING DEVELOPMENT.
SECOND BY COMMISSIONER ZONA, UH, COMMISSIONER ZUNA, COMMISSIONER BENIAS.
YEAH, I'LL BE IN FAVOR FOR THE FENCE HEIGHT.
UH, I THINK HE HAD A FENCE THERE PREVIOUSLY, WHICH WAS AT THE SAME HEIGHT.
THE APPLICANT HAS SHOWED US, UH, HIS REASONING WHY WANTING TO, UH, HAVE THAT FENCE HEIGHT, UH, FOR PROTECTION AND PRIVACY OF HIS FAMILY.
COMMISSIONER ZUNA? YEAH, I CONCUR WITH ALL THE, UH, POINTS MY, UH, COLLEAGUE MADE.
UH, STAFF, DO WE NEED TO VER - DO WE NEED TO STIPULATE THAT IT'S, IT'S WHERE IT'S CURRENTLY LOCATED OR AS PER SITE PLAN OR ANYTHING? UH, WE CAN DEFINITELY ADD THAT
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IF YOU WANT TO ADD IT.COMMISSIONER BONILLAS, IS THAT OKAY? THAT'S FINE.
I GUESS COMMISSIONER MANNA LIKE THAT.
SO THE MOTION HAS BEEN AMENDED TO JUST TO, TO STATE THAT THE PROPOSED FENCE IS WHERE, UH, IT IS CURRENTLY, WHERE IT CURRENTLY LIES IN THE FRONT YARD.
UM, ANY OTHER COMMENTS FROM THE COMMISSION? COMMISSIONER BONILLAS? I CONCUR.
ANYONE ELSE LIKE TO ADD? HEARING NOW, I HAVE A ROLL CALL VOTE, PLEASE.
COMMISSIONER BONIAS? YES, I CONCUR WITH THE FINDINGS OF THE FACT.
COMMISSIONER OZUNA? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER EBONIS? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? I CONCUR.
COMMISSIONER VASQUEZ? I CONCUR.
AND I CONCUR WITH THE FINDINGS OF FACT, UH, DEFENSE, UH, MOTION CARRIES.
UH, NOW WE'RE LOOKING FOR ONE WITH A SETBACK.
UH, WOULD ANYONE LIKE TO READ THAT ONE? OZUNA, I'LL TAKE - I'LL DO IT.
SO REGARDING CASE NUMBER B0A-26-10300, UH, 196, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST BY PHILIP ROSS FOR ONE, A 15-FOOT VARIANCE ON THE MINIMUM REQUIRED 20-FOOT SETBACK TO ALLOW FOR A SINGLE STORY PRIMARY DWELLING TO BE FIVE FEET FROM THE REAR PROPERTY LINE LOCATED AT 175 HILLVIEW DRIVE BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE IS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECI- SPECIFICALLY, YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE REQUESTED SETBACK IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT WOULD ALLOW THE PROPERTY TO ACCOMMODATE THE PROPOSED IMPROVEMENTS WHILE MAINTAINING THE RESIDENTIAL USE OF THE PROPERTY.
TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UN- UNNECESSARY HARDSHIP.
THE PROPERTY'S EXISTING PHYSICAL CONDITIONS AND CONFIGURATION CREATE CONSTRAINTS ON THE PLACEMENT PROPOSED ADDITION.
LITERAL ENFORCEMENT OF THE REQUIRED SETBACK WOULD RESTRICT THE APPLICANT'S ABILITY TO REAS- REASONABLY UTILIZE THE PROPERTY.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE REQUEST OF RELIEF WOULD ALLOW FOR REASONABLE RESIDENTIAL DEVELOPMENT WHILE MAINTAINING THE IN- INTENT OF THE ORDINANCE TO PROMOTE ORDERLY DEVELOPMENT AND COMPATIBILITY WITH SURROUNDING PROPERTIES.
FOUR, THE VARIANCE DOES NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
FIVE, SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PROPOSED DWELLING'S REDUCED SETBACK IS NOT ANTICIPATED TO CAUSE SUBSTANTIAL INJURY TO ADJACENT PROPERTIES OR NEGATIVELY IM- IMPACT THE ESSENTIAL CHARACTER OF THE SURROUNDING NEIGHBORHOOD.
THE IMPROVEMENTS WOULD MAINTAIN THE PROPERTY'S RESIDENTIAL CHARACTER WHILE PROVIDING FUNCTIONAL USE OF THE SITE.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCE OF SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUESTED RELIEF IS ASSOCIATED WITH THE PROPERTY'S SPECIFIC PHYSICAL CONDITIONS AND CONFIGURATIONS WHICH MAY LIMIT THE ABILITY TO COMPLY WITH THE REQUIRED REAR SETBACK.
SECOND BY COMMISSIONER BUNIAS.
SO, UH, I'M, I'M IN SUPPORT AS READ BECAUSE, UM, I...
AND, AND SHOULD I LIM - SHOULD I SAY LIMITED TO ONE STORY OR SHOULD YOU JUST, THE WAY I READ IT IS ADEQUATE? YOU SAID SINGLE STORY, SO.
UM, SO I'M IN SUPPORT OF THAT BECAUSE IT WOULD, IT WOULD MAINTAIN, UH, AT LEAST 10 FEET AWAY FROM THE POWER LINES THAT ARE RIGHT UP AGAINST THE ALLEY ON, ON THE APPLICANT'S SIDE OF THE ALLEY.
YEAH, I CONCUR WITH MY COLLEAGUE IN THE, UH, THE POWER LINE THING.
UH, AND I THINK IN THIS NEIGHBORHOOD TOO, THERE'S A LOT OF OTHER, UM, ADUS OR, OR PARKING GARAGES THAT ARE SET UP RIGHT ON THAT ALLEY LINE AS WELL TOO, SO I DON'T THINK IT TAKES AWAY FROM THE CHARACTER.
ANYONE ELSE LIKE TO ADD? UH, HEARING NONE, LET'S HAVE A ROLL CALL VOTE, PLEASE.
COMMISSIONER BONIAS? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER EBONIS? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER OZUNA? YES, I CONCUR.
IF YOU HAVEN'T HAVE ANY QUESTIONS, YOU GET WITH STAFF.
UM, I'M A PEDIATRIC ANESTHESIOLOGIST.
IT'S A REALLY HIGH PRESSURE JOB.
YOU CAN IMAGINE HOW SWEATY THAT IS.
I'M GLAD IT'S OVER, BUT YOU GUYS ARE VERY NICE.
ITEM NUMBER FIVE IS BOA2610300198.
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APPLICANT BEING WELLS HOLIDAY, LOCATED WITHIN CITY COUNCIL DISTRICT 10, LOCATED AT 12303 NACODOCHES ROAD, ZONING BEING C3, MC4, UH, COMMERCIAL, UH, NORTHEAST METROPOLITAN, UH, CORRIDOR DISTRICT.ONE, A REQUEST FOR A 29-FOOT VARIANCE FROM THE MAXIMUM 40 FOOT, UH, TO ALLOW DEVELOPMENT WITH A 69-FOOT FRONT SETBACK WITHIN THE MC4.
TWO, A 42% VARIANCE FROM THE MINIMUM, UH, 60% TO ALLOW 18% GROUND FLOOR TRANSPARENCY WITHIN THE MC4.
SUBJECT PROPERTY IS LOCATED NORTHEAST OF THE INTERSECTION OF THOUSAND OAKS DRIVE AND NACODOCHES ROAD.
THE PROPERTY IS SURROUNDED BY COMMERCIAL USES ON ALL SIDES WITH THE C3 BAY ZONING DISTRICT.
THE PROPOSED COFFEE SHOP CO-LA - CO-LOCATED WITH BANK OF AMERICA REQUIRES RELIEF FROM THE CORRIDOR STANDARDS.
THE DEVELOPMENT CONSISTS OF TWO STRUCTURES ASSOCIATED WITH THE COFFEE SHOP USE, WHICH WILL BE EVALUATED COLLECTIVELY FOR COMPLIANCE WITH THE 60% GROUND FLOOR TRANSPARENCY REQUIREMENT.
SINCE THE STRUCTURES ARE SINGLE STORY, THE ENTIRE FACADE OF EACH STRUCTURE IS CONSIDERED GROUND FLOOR FOR PURPOSES OF CALCULATING TRANSPARENCY.
SUBJECT PROPERTY, SURROUNDING AREA.
STAFF RECOMMENDS DENIAL, UH, REGARDING THE CORRIDOR OVERLAY VARIANCES, UH, IN BOA 2610300198, BASED ON THE FOLLOWING FINDING OF FACT.
ONE, THE PROPOSED SETBACK IS INCONSISTENT WITH THE INTENT OF THE CORRIDOR STANDARDS, WHICH ARE DESIGNED TO ENCOURAGE BUILDINGS CLOSER TO THE STREET AND PROMOTE PEDESTRIAN ORIENTED DEVELOPMENT.
TWO, THE PROPOSED TRANSPARENCY SIGNIFICANTLY DEVIATES FROM THE REQUIRED 60% WHILE STAFF ACKNOWLEDGES THE OPERATIONAL LIMITATIONS OF COLD STORAGE FACILITIES.
THESE CONDITIONS DO NOT JUSTIFY RELIEF FROM STANDARDS, UH, INTENDED TO PRE- PRESERVE THE CHARACTER OF THE CORRIDOR.
UM, THAT SHOULD SAY NO NEIGHBORHOOD ASSOCIATION WITHIN 200 FEET.
THAT CONCLUDES OUR PRESENTATION AND THE APPLICANT IS PRESENT.
SO ON YOUR CASE SUMMARY, YOU MENTIONED THAT THE PROPOSED COFFEE SHOP IS CO-LOCATED WITH THE BANK OF AMERICA.
SO THERE'S GONNA BE A BANK WITH A DRIVE-THROUGH AND A COFFEE SHOP SEPARATE BUSINESS INSIDE? CORRECT.
IT - AND THEN THE NEXT - THE COFFEE SHOP SHOULD BE ON THIS LEFT SIDE OF THIS, UH, LOT.
BUT THEN IN THE NEXT BULLET, YOU SAID THAT THE DEVELOPMENT CONSISTS OF TWO STRUCTURES ASSOCIATED WITH THE COFFEE SHOP, COFFEE SHOP USE.
IS THERE - SO IT'S A, IT'S A COFFEE SHOP AND THEY HAVE A COLD STORAGE, UH, AS PART OF THAT.
AS A SEPARATE BUILDING? IT'S...
YEAH, I BELIEVE IT'S SEPARATE.
SO THEIR INTENT IS TO, WHERE YOU'RE SHOWING THIS RED AREA IS TO ACTUALLY CONSTRUCT SOMETHING THERE.
ARE YOU TALKING ABOUT ON NUMBER ONE? YES.
SO THAT VERY FIRST LINE IS WHERE THE SETBACK IS.
AND THAT'S JUST HOW FAR BACK IT, IT'S PUSHED BACK.
AT THE MOST, IT SHOULD BE 40 FEET.
SO THEY'RE NOT BUILDING A NEW STRUCTURE? NO, THEY, THEY ARE.
THE SEVEN ROOT'S GONNA BE 69 FEET, UH, SETBACK.
WE, WE CAN GET AN AERIAL UP FOR YOU.
YEAH, BECAUSE I'M, I'M CURIOUS, ARE THEY GONNA DEMO WHAT'S THERE AND THEN REBUILD IT, OR IS THERE GONNA BE A BRAND NEW...
I JUST WANTED TO SEE WHAT THEY, WHAT THEY HAVE IN THE FILE FIRST BEFORE YOU...
SO, UM, I'VE NOT SEEN THE WORD TRANSPARENCY BEFORE.
CAN YOU, UH, BETTER EXPLAIN WHAT THAT MEANS? I, I TRIED LOOKING UP, BUT I COULDN'T FIND ANYTHING ON IT.
IT'S LIKE GLASS GLAZING ON THE FRONT.
THAT'S PROBABLY A BETTER SITE PLAN FOR Y'ALL.
I HAVEN'T REALLY WOULD'VE LIKED TO SEE THIS.
BUT IT'S NOT SHOWING THE OVERALL WHERE THE BANK IS RELATION.
THAT'S WHAT I WAS TRYING TO FIND.
WE'RE GONNA PULL UP, AGAIN, AN AERIAL SO YOU CAN SEE THE - SO THEY'RE RE-PLATTING THIS AND MAKE CUTTING A LOT LINE UP NEXT TO THE BANK OR SOMETHING? THAT WOULD HAVE TO BE ANSWERED BY THE APPLICANT, NOT CERTAIN.
WHY DON'T YOU, WHY DON'T, UH, THE APPLICANT COME ON UP.
I HAD A, HAD A QUICK QUESTION.
IS THIS TRANSPARENCY REQUIREMENT A FUNCTION OF THE, UH, OVERLAY DISTRICT REQUIREMENT? YEAH.
THE METROPOLITAN CORRIDOR, WHICH WAS RECENTLY ADOPTED MAYBE LESS THAN HALF A YEAR AGO.
WHERE DOES IT OVERLAY? WHERE DOES IT RUN FROM, THAT CORRIDOR? IT ACTUALLY RUNS ALONG,
[01:15:01]
UM, MANY OF THE STREETS WITHIN THIS DISTRICT.UM, SO IT RUNS ALONG NACODOCHES ROAD.
IT WAS APPROVED OCTOBER 25, REAL NEW.
OCTOBER 25 - AND, AND WHAT IS THE INTENTION? YO, JUST AGAIN, I DON'T QUITE UNDERSTAND TRANSPARENCY.
WHAT IS THE INTENT? SO IT'S NOT GIANT GLASS WALLS OR WHAT IS, WHAT IS THE INTENT OF A TRANSPARENCY OVERLAY? NO, THEY, THEY DO WANNA PERMIT...
THEY DO WANNA PRESENT MORE OF A OPEN, NOT CLOSED OFF AREA.
SO THEY DO WANT THAT TRANSPARENCY, THOSE, YOU KNOW, THE - BIG WINDOWS.
THE WINDOWS, UM, FENESTRATIONS.
SO LET'S, LET'S BRING UP A, LET'S BRING UP, UM, UH, AN OVERVIEW.
SO ARE YOU GOING TO REPLAT THIS AND CUT A LOT LINE AND BREAK THIS INTO TWO LOTS? THAT'S NOT THE PLAN AT THIS TIME.
IT'S THE COMPLETE, JUST HAVE A SINGLE - IF YOU COULD STATE YOUR NAME AND - OH, I'M SORRY.
I'M ONE OF THE OWNERS OF THE PROPERTY.
SO YEAH, BECAUSE, UH, ONE OF THE SITE PLANS SHE'S SHOWING A- APPEARS TO BE A PROPERTY LINE THERE, BUT FOR NOW, YOU'RE GONNA DO THIS ALL IN THE ONE LOT.
FOR THAT, THERE'S NOT, THERE'S NOT A REPLAT THAT'S BEING COMPLETED.
SO YOU CAN SEE THAT FROM THIS AERIAL VIEW THAT WE'RE LOOKING AT ON THE SCREEN, THERE'S A LASER POINTER SOMEWHERE UP THERE.
SO YOU CAN SEE THE EXISTING BANK AND THEN THERE'S THE MOTOR TELLER DRIVE-THROUGHS.
WHAT ARE YOU DEMOING? SO WE WILL BE DEMOING THE DRIVE-THROUGHS.
BANK OF AMERICA CLOSED THESE DRIVE-THROUGHS ABOUT FIVE YEARS AGO.
I'VE BEEN NEGOTIATING WITH BANK OF AMERICA TO RECAPTURE.
THEY HAVE THE WHOLE SITE UNDER CONTRACT, UNDER LEASE FOR A VERY LONG TERM.
I'VE BEEN WORKING WITH BANK OF AMERICA TO TRY TO RECAPTURE THE, UM, DRIVE-THROUGH - WE NEED YOU TO - I'M SORRY.
THEY- THEY'RE TRYING TO RECORD ALL THIS.
UM, YOU KNOW, WE HAVE PROBLEMS WITH, UM, PEOPLE DUMPING UNDERNEATH THE DRIVE-THROUGHS.
I WON'T SAY IT'S A HUGE PROBLEM.
WE DO HAVE SOME VAGRANTS THAT, YOU KNOW, STAY UNDERNEATH THEM, SO, YOU KNOW, WE'RE TRYING TO CLEAN IT UP.
AND LIKE I SAID, I'VE BEEN WORKING WITH BANK OF AMERICA FOR OVER THREE YEARS TRYING TO RECAPTURE THAT.
I FINALLY GOT AN AGREEMENT WITH THEM, AND THEN SEVEN BREWERS COME ALONG.
SO, UM, THEY ARE GOING TO LEASE THE PORTION THAT IS, UM, CURRENTLY USED, UM, AS THE DRIVE-THROUGH FACILITY.
SO THE BANK IS GONNA REMAIN OPEN.
THEY ARE GONNA REMAIN THERE, YES.
THE BANK BRANCH IS REMAINING OPEN, BUT THEY HAVE NOT USED THOSE DRIVE-THROUGHS FOR ABOUT FIVE YEARS.
WHEN THEY - WHEN THEY CUT OUT THE DRIVE-THROUGHS, IS THERE ANY COMPONENT OF- OF- OF THE TRANSPARENCY ON THE BANK, OR IS THIS ONLY FOR THE COFFEE SHOP? THIS IS ONLY FOR THE COFFEE SHOP.
BECAUSE THERE'S NO IMPROVEMENTS TO...
WELL, I KNOW, BUT WHEN YOU'RE ON ONE LOT AND YOU'RE CUTTING THINGS OFF, I JUST DIDN'T KNOW SOMETIMES THINGS KICK IN, SO.
UM, SO YOU'RE GONNA - YOU'RE GONNA CUT THE DRIVE-THROUGHS AND THEN IN THAT AREA TO THE - TO THE SOUTHWEST DOWN THERE, YOU'RE GONNA PUT IN A- A COFFEE SHOP WITH THE DRIVE-THROUGH.
SO LET'S BRING THAT COFFEE SHOP PLAN BACK UP.
DO YOU HAVE THE NEW PICTURES? I'M AUSTIN LEVINS.
I'M THE SOUTHERN BROAD CORP REPRESENTATIVE - OKAY.
SO ON THE - ON THE TRANSPARENCY REQUIREMENT, UH, IS THAT ONLY FOR THE F - PART OF THE BUILDING FACING NACADOCHES, OR IS ANY OF THAT INVOKED FACING THOUSAND OAKS? MY UNDERSTANDING WITH THE INTENT OF THE CODE IS THE FRONT FACING TO THE ARTERIAL ROAD OF NACODOCHES.
SO THE, UM - STAFF? I THINK THE- THE CODE IS - STAFF, GO AHEAD.
YEAH, BECAUSE IT'S A CORNER LOT, AND THIS CODE'S SO NEW, WE DON'T KNOW HOW THAT'S APPLIED, SO WE'RE- WE'RE...
I JUST WANNA FIND OUT WHAT THE SPECIFICS OF IT IS THAT WE'RE - THAT WE'RE - I JUST WANNA CLARIFY.
ON THE HARD CORNER IS, UH, WALGREENS - OH, THAT'S RIGHT.
CLOSED, AND IT'S NOW, UM, I THINK IS IT POP SHOPS OR SOMETHING? OKAY, SO IT'S JUST - ON THE HARD CORNER, JUST TO - YEAH, HE'S CORRECT.
SO BASICALLY ANYTHING THAT'S FACING NACODOCHES WOULD BE WHAT WE'RE LOOKING AT.
SO CAN YOU BRING UP THE- THE SITE PLAN THAT HAD THOSE LITTLE RED LINES ON IT? THE ONE THAT YOU HAD UP BEFORE THIS ONE.
SO PROBABLY WHAT WE WOULD FOCUS ON IS THE - THAT LITTLE ONE SHORT SIDE.
I KNOW YOU'RE JUST MARKING AROUND.
C- CAN YOU GO BACK TO THE ELEVATIONS? WE'D BE LOOKING AT THE LOWER, UH, LEFT-HAND CORNER ELEVATION.
SO - 'CAUSE I BELIEVE THAT'S THE ELEVATION FACING TOWARDS NACADOCHES.
THE CODE IS REQUIRING A 60, 60, UH, PERCENT GROUND FLOOR TRANSPARENCY, BUT THAT'S 60% OF THE...
I MEAN, IS THIS CONSIDERED A SINGLE STORY OR TWO...
BECAUSE YOU SEE HOW THERE'S LIKE A...
IT'S LIKE A TALL PORTION OF THE BUILDING, BUT IT'S NOT A TWO-STORY BUILDING, RIGHT? YEAH, NO.
UH, THE SECOND STORY HERE IS A STORAGE ONLY
[01:20:01]
UP IN THE...SO FOR STAFF, THE APPLICATION OF THE TRANSPARENCY CODE, YOU HAVE THAT BLUE LINE THAT CUTS THROUGH, AND BELOW THAT THERE'S A - THERE'S A WINDOW THAT RUNS ACROSS.
ARE YOU - ARE YOU MEASURING THE ENTIRE FACADE ALL THE WAY UP TO THE - TO THE ROOF, OR IS IT WHAT WOULD BE CONSIDERED A SINGLE STORY HEIGHT THAT YOU'RE MEASURING THAT TO? AND THE OTHER THING IS THAT THE WALL HAS A BIG SIGN ON IT.
DOES THAT CHANGE ANYTHING THAT THEY'RE USING IT FOR SIGNAGE? TO CUT IT OUT.
TO CUT IT OUT OF ANY OF THE TRANSPARENCY CALCULATIONS? YEAH, IF I REMEMBER CORRECTLY, WE- WE USED THE ENTIRE FACADE.
BECAUSE, UH, YOU KNOW, THE WAY THE CODE...
THIS- THIS THING, IT SAYS GROUND FLOOR TRANSPARENCY, SO IF THERE'S LIKE A S - A STORAGE, UH, NOOK UP THERE, THEN WOULDN'T THE GROUND FLOOR ONLY BE UP TO THAT LITTLE BLUE LINE THERE? 10 FOOT BOTTOM.
SO, YEAH, WE DISCUSSED THIS WITH PLAN REVIEW, UH, BECAUSE THERE IS NOT A SECOND STORY, THE ENTIRE THING IS CONSIDERED A GROUND FLOOR.
ACCESS BY STAIRS OR - ACCESS IS ROOF LADDER, YES.
THE CANOPY, UH, I WOULD SAY IS THE CUTOFF FOR THE FIRST FLOOR.
UM, THE COOLER IS A DETACHED COOLER.
IT SHOWS IT KIND OF LOOKS LIKE IT'S CONNECTED TO THE STRUCTURE, BUT IT IS NOT.
UM, THE CANOPY IS JUST OVERHANGING FOR OPERATIONAL STANDARDS JUST TO KEEP THEM DRY.
UM, AND IT'S SET BACK 16 FOOT FROM THE FRONT FACE OF THE BUILDING.
WELL, I DON'T KNOW WHAT THE REST OF THE BOARD THINKS, BUT IF THE AIR CONDITIONED SPACE STOPS AT 12 FEET OR WHATEVER, THEN THAT SOUNDS LIKE GROUND FLOOR TO ME, BUT I DON'T KNOW.
OUT OF CURIOSITY, IF WE - IF WE WERE STOPPING IT AT THE PLATE LINE FOR THAT GROUND, WHAT WE CALL THE GROUND FLOOR, IS THIS IN COMPLIANT? SORRY, SAY THAT ONE MORE TIME.
WELL, IF- IF WE ARE DOING THE CALCULATION UP TO THE PLATE, THE TOP PLATE OF THE - OF THE...
WHAT WE WOULD CALL THE FIRST FLOOR, NOT INCLUDING THE STORAGE LOFT, WOULD IT BE CLOSER TO BEING COMPLIANT? YEAH, IT- IT WOULD DEFINITELY BE CLOSER, YES.
I THINK STAFF SAID IT PROBABLY WOULD BE.
I HAVE A QUESTION FOR - MISSION.
WITH- WITHIN THIS NEW OVERLAY CORRIDOR, HOW MANY NEW BUILDING PERMITS HAVE WE SEEN, AND HAVE ANY OF THOSE REQUIRED ANY VARIANCES? I'M NOT CERTAIN OF HOW MANY WE'VE SEEN, BUT I DON'T BELIEVE WE'VE HAD ANY COME BEFORE FOR A VARIANCE.
BUT WE DON'T KNOW HOW MANY WE'VE SEEN.
I MEAN, THAT COULD BE ONE THAT COULD BE 10, THAT COULD BE...
THIS IS DEFINITELY THE FIRST ONE TO BE AWAY.
THIS IS THE FIRST ONE, RIGHT? YEAH.
SO DID I HEAR CORRECTLY THAT, UM, EVEN IF WE WERE JUST OBSERVING THE, UM, BELOW THE PLATE, THAT THEY'RE STILL OUT OF COMPLIANCE? NO.
I THINK IT WOULD BE ABOUT 60%.
I GUESS I MISSED THAT COMMENT.
HOW- HOW- HOW TALL TO THE - TO THE PLATE ON THE FIRST FLOOR? WHAT DO YOU GOT? 10, 12 FEET? 10.
AND HOW TALL IS YOUR WINDOW? THE GLASS ITSELF? IS IT SIX FEET? I WOULD SAY SIX TO EIGHT FEET.
WELL, IF IT'S OVER SIX FEET, THAT'S 60%.
BUT WE'RE ALSO INCLUDING, AGAIN, THAT SECONDARY BUILDING, JUST BECAUSE THIS IS ALL ONE USE.
WHEN THE CODE SAYS GROUND FLOOR, I'M, UH, TO ME IT JUST MEANS IF I'M STANDING ON THE FIRST FLOOR AND I'M LOOKING UP AND THERE'S A CEILING THERE, THAT'S WHAT THAT MEANS TO ME.
BUT- BUT IF - AND KIND OF ATTIC SPACE AS WELL, RIGHT? SO, I MEAN, IF IT'S CONSIDERED ATTIC SPACE, YOU KNOW, I WOULD NOT CONSIDER THAT, YOU KNOW, JUST BUILDING DESIGN IF THEY TURN THE ROOF SIDEWAYS.
TOO BAD THAT CAN'T BE PART OF OUR UDC AMENDMENT.
SO IS THERE ANY OTHER QUESTIONS FROM THE COMMISSION? SO THAT'S ONE ISSUE IS ABOUT THE TRANSPARENCY.
THE OTHER ONE WAS THE, UH, FRONT SETBACK.
YOU'RE WANTING TO BE 69, UH, 69 FEET AWAY AS OPPOSED TO THE 40-FOOT MAX? YES.
AND THE REASONING IS DUE TO THIS ACCESS ROAD THAT IS CURRENTLY ON THE PROPERTY.
UH, ONE REASON, UH, THAT WE'RE ALLOWED TO DEVELOP THIS PROPERTY IS TO MAINTAIN ACCESS FOR THE BANK OF AMERICA CUSTOMERS.
SO THERE- THERE'S AN ACCESS...
YOU HAVE AN AGREEMENT IN PLACE? YES.
LIKE A CROSS ACCESS AGREEMENT THAT CUTS THROUGH OKAY, AND THAT'S WHAT'S KEEPING
[01:25:01]
YOU FROM - YES.IF WE HAD THE BUILDING WITHIN THE 40-FOOT SETBACK, WE WOULD BE CUTTING OFF ALL ACCESS.
AND SO WHEN YOU'RE ON AN ARTERIAL, UH, S - UDC DOES REQUIRE CROSS ACCESS WHEN YOU DON'T HAVE, YOU KNOW, THAT...
OR AT LEAST IT'S PROMOTED, UH, TO HAVE CROSS ACCESS WITH OTHER, WITH OTHER, UH, DEVELOPMENTS AND LOTS.
UH, UH, YOU KNOW, SO I DON'T KNOW WHEN ALL THIS WAS PLATTED, BUT THAT MAKES SENSE TO ME THAT THERE WOULD BE A REQUIREMENT TO HAVE A CROSS ACCESS CUTTING THROUGH THERE.
IF THEY DID IT BY EASEMENT LONG, LONG, LONG, LONG, LONG TIME AGO, UH, YOU KNOW, I THINK THAT'S GOOD ENOUGH FOR ME, BUT...
UH, ANYONE ELSE HAVE ANY QUESTIONS? ALL RIGHT.
I DON'T SEE ANYONE SIGN UP TO SPEAK.
COMMISSIONERS - AND JUST FOR MY...
JUST A QUESTION FOR STAFF, AND THIS OBVIOUSLY WAS ADVERTISED FOR ALL THE NEIGHBORING PROPERTIES WITHIN THAT 200-FOOT, UH, RADIUS.
SO IF ANYBODY HAD AN OPPORTUNITY TO HAVE ANY COMMENT, THEY WOULD'VE SHOWN UP TO COMMENT ON ANY OF THESE VARIOUS - YES, COMMISSIONERS.
RECEIVED ANY - PARTICULARLY ABOUT THE, UH - YEAH, NOT- NOTHING RECEIVED IN OPPOSITION.
PARTICULARLY ABOUT THIS, UH, OVERLAY DISTRICT, RIGHT, THAT- THAT WAS JUST PUT IN PLACE.
WITH THAT SAID, REGARDING CASE NUMBER BOA-26-10300198, I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A REQUEST BY WELLS HOLIDAY FOR, ONE, A 29-FOOT VARIANCE FROM A MAXIMUM 40-FOOT ALLOW - TO ALLOW DEVELOPMENT WITHIN AN, A 69-FOOT FRONT SETBACK WITHIN THE MC4, AND TWO, A 42% VARIANCE FROM THE MINIMUM 60% TO ALLOW 18% GROUND FLOOR TRANSPARENCY WITHIN THE MC4, UH, ZONING DISTRICT LOCATED AT 12303 NACODOCHES ROAD BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UDC AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIPS.
SPECIFICALLY, SPECIFICALLY, WE FIND THAT, ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE VARIANCE WOULD ALLOW FOR THE FUNCTIONAL SITE LAYOUT AND BUILDING DESIGN THAT RESPONDS TO THE PROPERTY'S CONDITIONS.
THE REQUESTED RELIEF IS NOT ANTICIPATED TO ADVERSELY AFFECT PUBLIC SAFETY OR THE GENERAL WELFARE OF THE COMMUNITY.
TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE LITERAL ENFORCEMENT OF THE STANDARDS WOULD RESULT IN THE APPLICANT'S ABILITY TO ESTABLISH A FUNCTIONAL BUILDING PLACEMENT AND ACCOMMODATE THE PROPOSED ARCHITECTURAL DESIGN.
THE REQUESTED VARIANCES WOULD PROVIDE FLEXIBILITY TO ADDRESS THE SITE SPECIFIC CONDITIONS WHILE ALLOWING FOR REASONABLE DEVELOPMENT.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE REQUESTED RELIEF WOULD PROVIDE A REASONABLE BALANCE BETWEEN THE PROPERTY'S DEVELOPMENT CONSTRAINTS AND THE INTENT OF THE APPLICABLE STANDARDS.
FOUR, THE VARIANCE WOULD NOT AUTHORIZE THE OPERATION OF USE OF THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT WHICH THE VARIANCE IS LOCATED.
NO USES OF 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 INCREASED FRONT SETBACK WOULD PROVIDE ADDITIONAL SPACE BETWEEN THE BUILDINGS AND STREET AND ACCOMMODATE THE ELEVATION CHANGE, WHILE THE REDUCED GROUND FLOOR TRANSPARENCY WOULD ACCOMMODATE THE PROPOSED BUILDING DESIGN.
SIXTH, THE FLIGHT OF THE OWNER OF THE PROPERTY WHICH THE VARIANCE IS SIZED DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND THE, AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL, NOT, AND NOT DUE, DUE TO OTHER RESULT OF GENERAL CONDITIONS IN THE DISTRICT WHICH THE PROPERTY IS LOCATED.
THE SITE'S CONFIGURATION, RELATIONSHIP BETWEEN THE BUILDING PLACEMENT, ARCHITECTURAL, ARCHITECTURAL DESIGN AND ELEVATION CHARGE, UH, UH, ELEVATION CHANGE ON THE PROPERTY CREATES CIRCUMSTANCES THAT MIGHT NOT BE GENERALLY APPLICABLE TO OTHER PROPERTIES WITHIN THE MC4 DISTRICT.
SECOND BY COMMISSIONER BENAVIDEZ.
YEAH, SO I'M GONNA SUPPORT THE VARIANCES READ.
I MEAN, THE, UM, IN TERMS OF, UH, DEVELOPMENT HERE, TH- THIS AREA ALONG NACODOCHUS THOUSAND OAKS IS NOT...
I MEAN, THERE'S NOT LIKE BEEN A LOT OF DEVELOPMENT OUT HERE.
SO IF THIS PROPERTY IS KINDA SPURS THAT DEVELOPMENT, IT'S A NEW, UH, CREATES VALUE, CREATES, UH, SOME RETAILING ACTIVITY IN THE AREA, UH, AT A, AT A MINIMUM, YOU KNOW, UH, C- COST OF, IF WE NEED TO GET SOME VARIANCES TO MAKE THAT HAPPEN, THEN I THINK IT'S A WORTHWHILE CAUSE.
IN REGARDS TO THE, UH, TRANSPARENCY, YOU KNOW, IF YOU DO THE MEASUREMENT FROM THE FLOOR PLATE DOWN, UH, WE BELIEVE THAT IT WOULD MEET OR EXCEED THE, UH, THE REQUIREMENTS OF THE 60%.
AND THEN REGARDING THE SETBACK, WELL, THE SET - THE SETBACK IS REQUIRED TO ACCOMMODATE THE, UH, THE RIGHT OF WAY E - UH, RIGHT OF WAY CROSS ACCESS EASEMENTS TO THE PROPERTIES, UH, WHICH ARE NECES- NECESSARY TO KEEP THE FUNCTION OF THE BANK OF AMERICA SITE GOING AND THEN PROVIDE ACCESS TO THE, UH, COFFEE SHOP.
SO I DON'T THINK THERE'S ANY, ANY HARM, UH, TO ANY OF THE NEIGHBORS.
THERE'S NO OPPOSITION FROM, FROM ANY OF THE PROPERTY OWNERS THAT WOULD'VE BEEN AFFECTED.
AND I THINK THIS IS, UH, KIND OF A MINIMAL, UH, DEVIATION FROM THE OVERLAY DISTRICT AND IT BEING ONE OF THE FIRST, YOU KNOW, DEVELOPMENTS WITHIN THIS D- DISTRICT IS REALLY GONNA TEST THE, UM, THE, UH, INTENT OF THE DISTRICT, SO I'M SUPPORTING.
YEAH, I, I AGREE WITH MY COLLEAGUE THAT, UH, I LIVE IN D10 THAT, UM, HAS BEEN AN EYESORE FOR MANY YEARS.
IT'S NICE TO SEE, UM, NEW DEVELOPMENT IN THERE, AND THERE IS DEVELOPMENT GOING ON IN THAT CORNER.
CRUNCH FITNESS OPENED UP SOMETHING AND, UM, THERE'S SOME ON THE OTHER SIDE, SO YEAH, I'LL BE IN FAVOR OF
[01:30:01]
IT AS WELL.ANYONE ELSE LIKE TO ADD? HEARING NONE, ROLL CALL VOTE, PLEASE.
COMMISSIONER OZUNA? YES, I SUPPORT.
COMMISSIONER BENAVIDEZ? YES, I CONCUR.
COMMISSIONER REED? YES, I CONCUR.
COMMISSIONER STEVENS? YES, I CONCUR.
COMMISSIONER EBONIS? I CONCUR.
COMMISSIONER CRUZ? YES, I CONCUR.
COMMISSIONER MANNA? I CONCUR WITH THE FINDINGS OF FACT.
COMMISSIONER VASQUEZ? I CONCUR.
COMMISSIONER BUNIAS? YES, I CONCUR.
AND I CONCUR WITH THE FINDINGS OF FACT.
IF YOU HAPPEN TO HAVE ANY QUESTIONS, YOU CAN GET WITH STAFF.
UH, NEXT ITEM IS THE MEETING CALENDAR FOR NEXT YEAR.
MAN, WE GOT, IT SEEMS LIKE WE GOT A LOT OF SECOND AND FOURTH MONDAYS, BUT THAT'S THE WAY IT GOES SOMETIMES AROUND HOLIDAYS.
UH, DOES ANYBODY HAVE ANYTHING, UH, THEY'D LIKE TO, UH, DISCUSS? ALL RIGHT.
UH, AND BY MO - BY HAVING A LOT OF OUR MEETINGS ON THE 2ND AND 4TH, ARE WE HAVING ANY CONFLICTS WITH THIS ROOM OR ANYTHING? NO.
UH, WE KINDA WANNA GET THIS APPROVED EARLY SO WE CAN, UH, GET THE ROOM RESERVED.
ALL RIGHT, BECAUSE I DON'T WANNA HAVE ANY OF THESE 90 AM MEETINGS LIKE PLANNING COMMISSION HAS TO HAVE SOMETIMES.
SO IF THERE'S A MOTION TO APPROVE THE CALENDAR.
I MOVE THAT WE APPROVE THE CALENDAR AS, AS SHOWN.
SECOND BY COMMISSIONER BENAVIDEZ.
ANY OPPOSED? HEARING NONE, THE MOTION PASSES, WE HAVE A CALENDAR.
[ Approval of Minutes ]
IS THE MINUTES.ANYBODY HAVE ANY AMENDMENTS OR? I THOUGH I HAD ONE OR TWO MINOR LITTLE THINGS.
OR MAYBE I DIDN'T, I DON'T KNOW.
IS THERE ANY - YOU SENT IN SOME REVISIONS, BUT THERE'S NOTHING ATTACHED.
WHAT?
DID I TELL YOU WHAT ITEMS THEY WERE? I THINK YOU SAID IT.
ARE, ARE, YOU'RE NOT, YOU'RE JOKE, YOU'RE NOT KIDDING? YOU JUST SAID YOU TWEAKED IT.
I ACTUALLY HAD SOMETHING ON HERE THAT WAS, UH...
IT SAYS, UM, THE EMAIL THAT I'M SEEING, SOME TWEAKS ON ITEM NUMBER THREE.
BUT I MEAN, WE CAN PROVE AS AMENDED IF YOU'D LIKE.
UM - AND THEN YOU CAN SEND US THOSE TWEAKS.
I'M JUST READING THE MOTION REAL QUICK.
I HAD SOMETHING ON HERE THAT WAS ENOUGH TO WHERE I NEEDED TO MENTION IT.
WHAT WAS THE OTHER ITEM? IT JUST SAID ITEM NUMBER THREE.
I HATE TO DO THIS TO EVERYBODY, BUT CAN WE PUT AS AMENDED BECAUSE I, I DID HAVE SOMETHING ON HERE THAT WAS VERY SPECIFIC.
UM - OR WE CAN WAIT TILL NEXT WEEK.
OR WE CAN WAIT TILL NEXT WEEK.
YEAH, WE CAN WAIT TILL NEXT WEEK AND JUST APPROVE THE, BOTH MINUTES.
WE'LL HIT IT IN TWO WEEKS THEN.
DO WE NEED TO CONTINUE IT OR DO WE JUST NOT DO ANYTHING? UH, WE'LL REPUBLISH IT IN THE NEXT AGENDA, SO.
CAN'T BELIEVE I DIDN'T SEND THAT ATTACHMENT.
[ Director’s Report ]
RIGHT.SO IF THERE'S A DIRECTOR'S REPORT.
IS THERE A, UM, ANYTHING ANYONE WOULD LIKE TO ADD? SO EARLY, I MEAN...
I MEAN, I CAN JUST GIVE A LITTLE REFRESHER AS WE HAD IN OUR WORK SESSION.
UH, WE ARE GOING TO TRY TO TAKE IN ANY, UM, AMENDMENT, UDC AMENDMENTS THAT Y'ALL WANNA PROPOSE.
UM, IF YOU WANT, YOU'RE WELCOME TO EMAIL THEM, JUST KIND OF GIVING US, UH, AN IDEA OF WHAT YOU'RE THINKING OR YOU'RE WELCOME TO HAVE THEM JOTTED IN YOUR BRAIN AND MENTION THEM DURING THE, UM, S - DECEMBER 7TH MEETING.
UH, I'M JUST, I'M JUST GOING THROUGH MY...
I JUST WANNA SEE IF I FIND THE EMAIL REAL QUICK, IF Y'ALL DON'T MIND.
[01:35:01]
I'M NOT GONNA FIND IT.I THINK EVERYONE'S BAILING ON YOU.