* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:57] PLEASE TAKE THE ROLL CALL MR. [Call to Order] PRESENT. DR. MS. BERGMAN PRESENTE. MS. CRUZ. SENATOR CRUZ PRESENTE. DO SENIOR ORIAN? HERE. PRESENTE. MR. BRITTANY? HERE. BRITTANY PRESENTE. MR. OZUNA PRESENT. MS. ENGLER PRESENTE. MR. MANO PRESENT. MR. ? PRESENT. MR. MARTINEZ, PRESENT A QUO. MS. PRESENT. UM, WILL Y'ALL PLEASE, UH, STAND AND JOIN US IN THE PLEDGE OF ALLEGIANCE TO THE UNITED STATES AND TEXAS FLAG PLEDGE ALLEGIANCE TO FLAG OF THE UNITED STATES OF AMERICA UNDER THE TEXAS FLAG? I PLEDGE ALLEGIANCE TO THE, BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. THE BOARD FOLLOWS AN AGENDA WHICH IS AVAILABLE AT THE TABLE JUST OUTSIDE THIS BOARDROOM. THE CASES ARE LISTED BY NUMBER WITH THE NAME AND THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING FOLLOWED BY THE DIRECTOR'S REPORT. LASTLY, AS CHAIR, I'LL MAKE ANNOUNCEMENTS SUCH AS COMMUNITY CALENDAR EVENTS. I'LL ASK THE BOARD MEMBERS TO SUBMIT THESE ANNOUNCEMENTS TO ME AS CHAIR AND I WILL READ THEM AT THE APPROPRIATE MEETING. TIME BOARD'S, ROLES AND RESPONSIBILITIES, WE ARE PRIVATE CITIZENS APPOINTED TO THE BOARD BY THE CITY COUNCIL. THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN RULES AND REGULATIONS GOVERNING THE CITY ZONING CODE 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, TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE IN THE SAN ANTONIO CITY COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 IN THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DECISION OR DETERMINATIONS MADE BY ADMINISTRATIVE OFFICIALS 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 IN CHAPTER 35. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENTAL SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28, ARTICLE ONE, SECTION 28 DASH FIVE. IN ADDITION, WE HAVE POWERS TO HEAR CASES IN ANY OTHER MATTER AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE BOARD DECISION AND APPEALS. EVERY DECISION OR RECOMMENDATION TO THE TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE, IN THE REGRET RECORD BY THE BOARD'S PROCEEDINGS. THE APPLICANT TO THIS REPRESENTATIVE WILL PRESENT THE PETITION AND THEY WILL RE, UH, QUESTION BY MEMBERS OF THE BOARD. ANY OPPOSITION TO THE REQUEST WILL BE PRESENTED IN A LIKELY MANNER LIKE MANNER. AFTER EVERYONE HAS HEARD THE CASE, WE WILL CLOSE AND MEMBERS OF THE BOARDS WILL MAKE A MOTION. EACH MEMBER WILL BE ASKED TO VOTE ON THE, ON THE MOTION IN ORDER FOR THE MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES. THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE RE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THE [00:05:01] BOARD REGARDING REPEALS FROM THE ADMINISTRATIVE OFFICIAL EX. SPECIAL EXCEPTION OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT OF LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE. OKAY, AND LET'S, UH, I DON'T HAVE A, LEMME PULL UP MY LIST OF THE APPLICANTS. YOU HAVE A CONTINUATION. UM, CASE NUMBER 1 56. UMA LOU, UH, LOU LUIS, ARE YOU HERE? VERY GOOD. CASE NUMBER 1 67 FERNANDO DE DE LEON. VERY GOOD CASE. UH, NUMBER 0 1 4 I REQUEST STEVE, UH, MARKHAM CASE NUMBER 0 2 0. UH, RAYMOND GONZALEZ. OKAY, VERY GOOD. A NUMBER 0 0 6 MC FERNANDEZ. CASE NUMBER OH ONE EIGHT ALICIA KING, CASE NUMBER OH OH FOUR MARGARET SANCHEZ. CASE NUMBER 0 1 5 RAFAEL SANCHEZ. OKAY. CASE NUMBER ONE. ONE. NO EXCUSE 0 1 9. CHRISTINE YOUNG HERE. ALRIGHT, EVERYONE'S PRESENT. DO WE HAVE ANY, UH, YOU NEED TO MAKE A STATEMENT AS TO THE MEETING. I KNOW THAT THERE'S A COUPLE PEOPLE THAT WALKED IN AFTER THE MEETING STARTED. IF YOU NEED TO SIGN IN TO SPEAK ON A CASE, APPLICANTS ARE NOT REQUIRED TO SIGN IN, PLEASE COME OVER HERE TO THE SIDE OF THE TABLE, TALK TO ZEKE TO SIGN IN. SO STAFF WILL BEGIN EACH CASE WITH A SHORT PRESENTATION OF THE REQUEST. PART OF THE PRESENTATION INCLUDES A MAP THAT SHOWS THE AREA TO BE CONSIDERED FOR THE VARIANCE OR SPECIAL EXCEPTION AND PROPERTY WITHIN 200 FEET OF THE SUBJECT. PROPERTY CHECK MARKS INDICATE THOSE PROPERTY OWNERS IN FAVOR OF THE REQUEST AND AN X INDICATES THOSE PROPERTY OWNERS IN OPPOSITION. FOLLOWING THIS PRESENTATION. IN ANY QUESTIONS BY THE BOARD, THE APPLICANT WILL PRESENT THE REQUEST. THOSE THAT SIGNED UP TO SPEAK FOR OR AGAINST THE PROPOSED VARIANCE OR SPECIAL EXCEPTION, YOU'LL BE CALLED AN ORDER THAT YOU SIGNED UP TO SPEAK. THOSE IN SUPPORT IN OPPOSITION WILL BE ALLOWED A MAXIMUM OF THREE MINUTES PER SPEAKER AND YOU ARE NOT OBLIGATED TO UTILIZE THE MAXIMUM TIME LIMITATION. YOU WILL HEAR THIS WHEN THERE ARE 30 SECONDS LEFT, YOU WILL HEAR ANOTHER BEEP AND WE WILL INFORM YOU THAT YOUR THREE MINUTES ARE UP. FOR THOSE THAT WOULD LIKE TO GIVE THEIR TIME TO A SPEAKER, THAT SPEAKER WILL BE ALLOWED A MAXIMUM OF TWO PEOPLE GIVING THEIR TIME FOR A TOTAL OF NINE MINUTES. THOSE GIVING UP THEIR TIME MUST BE PRESENT AND SIGNED IN TO SPEAK. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL LIMITED TO ONE SPEAKER WITH A THREE MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS BOARD QUESTIONS. THANK YOU, CHAIRMAN. CHAIRMAN, BEFORE [Election of Officers to fill vacancies.] WE START WITH THE FIRST CASE, UH, WE DO HAVE THE ELECTION OF OFFICERS TO FILL VACANCIES. YOU CAN EITHER DO THAT NOW OR YOU CAN WAIT TILL THE END. LET'S GO AHEAD AND CONDUCT THAT RIGHT NOW. ALL RIGHT. SO WE DO HAVE A VACANCY, UH, FOR DISTRICT TWO. UM, I MEAN, I'M SORRY FOR VICE CHAIR AS A RESULT OF, UH, THE WARD MEMBER FROM DISTRICT TWO WHO RESIGNED. AND SO WHAT I CAN DO IS GO AHEAD AND START TAKING NOMINATIONS FOR VICE CHAIR ORIAN. I NOMINATE DOCTORS TERELLI FOR VICE CHAIR. ANY OTHER NOMINA NOMINATIONS? ALRIGHT, WE CAN JUST DO, UM, HAND VOTE. UH, ALL THOSE IN FAVOR, PLEASE RAISE YOUR HANDS. OKAY, FOR THE RECORD, THAT WAS UNANIMOUS. ALL 11 MEMBERS VOTING IN FAVOR OF DR. ZARE FOR VICE CHAIR. CONGRATULATIONS, YOUR MIC. OKAY. WHAT ABOUT THE, UH, [11. 20-2346 Consideration of an appointment of a member of the Board of Adjustment to serve as an Alternate for the Planning Commission Technical Advisory Committee for the remainder of a term to expire 04/26/2021.] THE, THE, UH, REPRESENTATIVE FOR THE TIFF? UM, SO YOU, IT'S UP TO YOU CHAIR, BUT WE DO HAVE THE ITEM AS FOR AN ALTERNATE ON THE PLANNING COMMISSION TECHNICAL ADVISORY COMMITTEE. IT'S POSTED AT THE END OF THE AGENDA. YOU CAN DO THAT NOW OR WAIT TILL THE END. LET'S GO AHEAD AND DO THAT NOW. CHAIR, I HAVE A QUESTION. SO, UH, THE AGENDA SAYS FOR AN ALTERNATE, BUT, UM, I DON'T [00:10:01] RECALL SETH, UH, QUITTING BEING ALTERNATE. UH, HE IS, AS FAR AS I'M CONCERNED, STILL THE ALTERNATE. SO I DIDN'T UNDERSTAND THAT WHY THAT WAS ON THE AGENDA. UH, AFTER SPEAKING WITH STAFF, WHAT I WAS TOLD WAS THAT THE PLANNING COMMISSION TACK BYLAWS DO SAY THAT IN SOME INSTANCES THAT THE ALTERNATES ARE IMMEDIATELY PROMOTED TO THE MAIN MEMBER, BUT THAT'S ONLY FOR NON-CITY MEMBERS OF WHICH WE ARE SPECIFICALLY EXCLUDED FROM. AND ITEM NUMBER ONE, UNDER MEMBERSHIP. SO I DON'T, I DON'T, I JUST THINK THAT THIS ITEM NEEDS TO BE SKIPPED TILL NEXT WEEK WHERE IT'S PROPERLY ADVERTISED FOR THE, UH, THE MAIN TAG MEMBER UNLESS, UH, SETH WAS, UH, RESIGNING. SO IF I MAY GO AHEAD AND COMMENT ON THAT. SO WE HAVE INTERPRETED THE BYLAWS TO MEAN THAT, UM, AND WHAT WE'VE DONE WITH ALL OF OUR BOARDS AND COMMISSIONS IS THAT IF THE PRIMARY RESIGNS FROM THE SPOT, THE ALTERNATE AUTOMATICALLY MOVES UP AND THEREFORE, UH, BECOMES THE NEW PRIMARY. THEREFORE, WE WOULD BE LOOKING FOR AN ALTERNATE TO FILL THAT SPOT. UM, IF THE ALTERNATE WHO'S NOW THE PRIMARY WANTED TO, THEY COULD RESIGN THAT SPOT, BUT, UH, WE DIDN'T GET ANY INDICATION OF ANY RESIGNATION. UH, BUT WE ARE TAKING YOUR COMMENTS, UH, TO THE TAC AND THAT WAY THEY CAN LOOK AT THE BYLAWS AND THEN DETERMINE IF, UH, THEY NEED TO BE FURTHER CLARIFIED, UH, FOR THIS QUESTION. AND THEN THAT CAN BE APPROVED BY THEM AND PLANNING COMMISSION. BUT, UM, A ACCORDING TO WHAT WE HAVE INTERPRETED THE BYLAWS TO MEAN IS THAT THE ALTERNATE MOVES UP TO PRIMARY AND WE ARE APPOINTING AN ALTERNATE TODAY. YEAH, WELL, I'M JUST READING FROM ITEM 10 THAT SAYS, UH, ANY NON-CITY OFFICIAL VOTING MEMBER WHO CEASES TO MEET THE QUALIFICATIONS OR OTHERWISE BECOMES INELIGIBLE SHALL IMMEDIATELY BE REMOVED. AND THEN IT SAYS, IF THE MEMBER IN QUESTION HAS AN ALTERNATE, THAT ALTERNATE SHALL IMMEDIATELY BE PROMOTED TO REPLACE AND ASSUME THE REMAINDER OF THE TERM. IN THESE INSTANCES, THE PLANNING COMMISSION MAY AT THE NEXT MEETING DECIDE WHETHER TO REPLACE. NOW THAT DOESN'T APPLY TO US FOR TWO REASONS. WE'RE A NON, WE'RE NOT CONSIDERED NON-CITY MEMBERS. AND NUMBER TWO, THE PLANNING COMMISSION NEVER APPLY, UH, NEVER PICKS WHO THE, WHO THE B O A MEMBER TO THE, TO THE TAC IS. AND SO I, LIKE I SAID, I MEAN IT'S, IT MAY HAVE BEEN AN INTERPRETATION, BUT AS FAR AS I'M CONCERNED, THAT DOESN'T MEAN THAT IT CHANGES WHAT'S REALLY HAPPENING. OKAY. I GUESS WE'RE GETTING AN OFFICIAL RESPONSE. WELL, KATZ IS OFFICIAL, UH, BUT UM, THAT IS WHAT KATT HAD MENTIONED IS CORRECT. SO, AND THIS SITUATION IS REOCCURRING ALSO ON THE PLANNING COMMISSION. SO WE HAVE A RE A RECENT VACANCY FOR, UM, THE PRIMARY. AND SO THE ALTERNATE WILL BE TAKING THAT SEAT. THAT IS THE ROLE OF THE ALTERNATE IS TO TAKE THE SEAT AS THE PRIMARY. IF FOR SOME REASON THE ALTERNATE IS NOT AVAILABLE. SO WHAT IS ON THE AGENDA TODAY IS FOR THE ALTERNATE, WHICH IS WHAT WE ARE RECOMMENDING MOVING FORWARD WITH. WE, AS YOU KNOW, THIS IS A 2020 U D C AMENDMENTS, AND THIS IS VERY IMPORTANT TO US. WE HAVE A TIMELINE THAT WE HAVE TO MEET AND WE WOULD LIKE TO BE ABLE TO HAVE ALL OF THOSE SEATS FILLED IN ORDER TO DO ORIENTATION FOR ALL THE NEW MEMBERS. SO, SO A QUICK QUESTION. IF, IF SETH IS A MEMBER RIGHT NOW, IF HE QUITS RIGHT NOW, AND THEN WHOEVER GETS THE ALTERNATE, WOULD THAT PERSON AUTOMATICALLY BE, BECOME THE MAIN MEMBER BASED ON YOUR, UH, INTERPRETATION? SO IF, IF THERE IS, IF HE'S THE PRIMARY TODAY AFTER, UM, WE IDENTIFY THE ALTERNATE AND HE DECIDES TO QUIT THE, IF HE QUITS RIGHT NOW BEFORE WE VOTE ON THE ALTERNATE, WELL, WE WOULD HAVE TO HAVE, SEE HOW THAT'S PLAYING OUT BECAUSE AT THIS POINT HE IS THE PRIMARY MR. CHAIR. ACTUALLY THE MOST, MOST, FOR THE MOST PART, THE WAY I SEE IT, IT'S, IT'S, UH, IT'S ONE OR THE OTHER WILL ATTEND THE MEETINGS. THAT'S CORRECT. AND IF, IF IT'S ONLY TITLE ONLY THAT WE'RE ACTUALLY DISCUSSING, THAT'S CORRECT. SO IF THE PRIMARY IS NOT ABLE TO ATTEND, HOW WE DO THIS IS WE MAKE SURE THAT THE PRIMARY AND THE ALTERNATE ARE VERY INFORMED OF THE PROCESS OF WHAT IS GOING ON, WHAT IS BEING CONSIDERED AT THE PTAC MEETINGS, BECAUSE WE WANNA MAKE SURE IF THE ALTERNATE NEEDS TO STEP IN, THEY'RE READY AND PREPARED TO TAKE OVER FOR ANY DISCUSSION THAT IS OCCURRING. SO IF THE ALTERNATE AND THE PRIMARY DECIDE THAT THEY ARE GOING TO WORK OUT A, UH, SOME SORT OF TIMELINE FOR THEM TO PARTICIPATE OR ATTEND THESE MEETINGS, THAT IS ENTIRELY UP TO THEM. BUT THE, THE CONCERN IS, IS TO MAKE SURE THAT WE HAVE SOMEONE FROM THE BOARD OF ADJUSTMENT HAVE A SEAT AT THE TABLE. OKAY. CHAIRMAN? YES. EXCUSE ME. WHEN DOES THAT, UH, COMMISSION MEET? SO FOR THIS PLANNING COMMISSION'S TECHNICAL ADVISORY COMMITTEE IS GONNA BE MEETING QUITE OFTEN THIS YEAR BECAUSE OF THE UPCOMING 2020 U D C AMENDMENTS. AND SO I ANTICIPATE WHEN THIS, THE HEAVY LIFTING WILL BEGIN IN MAY. UM, THEY MEET IN GENERAL WHEN THERE IS A MAJOR THOROUGHFARE PLAN AMENDMENT OR IF THERE IS A U D C AMENDMENT THAT IS COMING FORWARD, THAT IS OUT OF CYCLE. UM, IN THE PAST, I THINK I WANNA SAY THEY'VE MET FIVE TIMES WITHIN THE PAST YEAR. I ANTICIPATE WITH THIS UPCOMING 2020 U D C AMENDMENTS WE'RE GONNA BE MEETING WEEKLY. OKAY, WELL, THANK YOU. [00:15:02] ADD AS TO WHEN? WELL THE, IT'S GONNA BEGIN IN MAY, EVERY MONDAY IN MAY. IT COULD BE FOR FOUR HOURS OR IT COULD BE EIGHT HOURS A DAY. IT JUST DEPENDS ON THE LOAD THAT'S COMING IN FOR THE 2020 U D C AMENDMENTS YOU MENTIONED MONDAY. THAT'S WHAT I WAS LOOKING FOR. YEAH. AND THERE COULD BE AN OPTION WHERE IT SPREADS INTO TUESDAY AND FRIDAY, SO YOU COULD BE MEETING ONE TIME A DAY AT ONE TIME A WEEK, OR UP TO THREE TIMES A WEEK. IT REALLY DEPENDS AND WE DON'T KNOW FOR SURE. IT JUST, FROM OUR EXPERIENCE, IT DEPENDS ON WHAT IS GONNA ACTUALLY BE SUBMITTED AND SO WE WON'T KNOW THAT UNTIL MAY 1ST. YES, SIR. ALRIGHT. SINCE, UH, IT'S MY OPINION HERE THAT WE'RE REALLY TALKING MORE OF, UH, TITLE REPRESENTATION AT THIS TIME, THAT WE GO ALONG WITH THE VOTE NOW FOR THE ASSISTANT AND WE CAN DEAL WITH EX THE, UH, CHANGES LATER, BUT WE WANNA MAKE SURE SOMEONE'S THERE. SO YOU'RE GONNA KEEP YOUR, YOUR TITLE AS AS, UH, THE WRIT AS THE PRIMARY. UH, WE'RE GONNA VOTE FOR THE, UH, FOR THE ALTERNATE AND WE CAN DEAL WITH IF, IF YOU WANT TO RESIGN THE, AND THEN BE A WELL WANNA RESIGN LATER SO THAT CHANGES AROUND, THAT'S FINE. BUT RIGHT NOW WE NEED SOMEBODY IN THE POSITION. SO THAT'S WHAT WE'RE DOING. ALRIGHT, SO, ALL RIGHT. SO I'LL GO AHEAD AND START TAKING NOMINATIONS FOR THE ALTERNATE SEAT. OKAY, GO AHEAD. CAN I VOLUNTEER MYSELF? NOMINATION FOR KIMBERLY BRAGMAN ELLI. I'D LIKE TO NOMINATE MR. ORIAN AND A NOMINATION FOR, UH, DOM DONALD ORIAN. OKAY. SO FIRST WHAT WE'LL DO IS WE'LL GO AHEAD AND TAKE, UM, A ROLL CALL, VOTE FOR THE FIRST NOMINEE FOR KIMBERLY BRAGMAN. THE PERSON WITH THE MOST, UM, VOTES GETS THE SPOT. SO FIRST LET'S GO AHEAD AND TAKE A VOTE FOR KIMBERLY BRAGMAN AND TAKE THIS, UH, BY COUNT ROLL CALL. OKAY. MR. TEO, I, I NEED A CLARIFICATION IF WE'RE TAKING A ROLL CALL VOTE. CAN YOU VOTE FOR BOTH CANDIDATES? YOU CAN VOTE FOR BOTH CANDIDATES IF YOU LIKE. YES. NO. MS. BRAGMAN? YES. MS. CRUZ? NO. MR. ORIAN? NO. MR. BRITTEN? YES. MS. OZUNA? NO. MS. LIC? NO. MR. MANNA? YES. MR. VINO? NO. MR. MARTINEZ? YES. SO I HAVE, UH, FIVE YESES AND SIX NO'S. SO LET'S GO AHEAD AND TAKE, UH, ROLL CALL. VOTE FOR DONALD DORIAN. MR. TEAL? YES. DR. ZO? YES. MS. BRAGMAN? NO. MS. CRUZ? YES. MR. ORIAN? YES. MR. BRITTON? YES. MR. OZUNA? YES. MS. ENGLER? YES. MR. MENA? YES. MR. DINO? YES. MR. MARTINEZ? YES. FIVE VOTE 10 TO ONE. UH, DONALD LORIAN. YOU'RE NOW THE NEW ALTERNATE. ALRIGHT, SO LET'S GO ON TO THE REGULAR BUSINESS AND WE'LL START HEARING CASES. [1. 20-2338 (Continuance from 02/17/2020) BOA-19-10300156: A request by Yma Luis for a request for 1) a variance from the restriction of corrugated metal as a fencing material to allow for its use as a fencing material and 2) a variance from the Clear Vision standards to allow a fence to be within the Clear Vision field, located at 1638 Santa Monica Street. Staff recommends Denial. (Council District 1) (Kayla Leal, Senior Planner, (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)] GOOD AFTERNOON. KAYLA AL WITH THE DEVELOPMENT SERVICES AGENDA. ITEM NUMBER ONE IS BO O 8 19 1 0 3 0 0 1 5 6. THE SUBJECT PROPERTY IS LOCATED AT 1638 SANTA MONICA STREET. THE APPLICANT IS REQUESTING, UH, A VARIANCE FROM THE RESTRICTION OF CORRUGATED METAL AS A FENCING MATERIAL TO ALLOW FOR ITS USE OF FENCING AND, UH, TO A VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW THE FENCE TO BE WITHIN THE CLEAR VISION FIELD. THE SUBJECT PROPERTY IS ZONED R FOUR, SINGLE FAMILY RESIDENTIAL. [00:20:02] HERE'S THE SUBJECT PROPERTY. THIS IS THE, THE MEASUREMENT FROM THE FENCE TO THE STREET, WHICH IS NINE FEET, THREE INCHES SURROUNDING AREA. SO, UH, FROM THE PICTURES YOU COULD SEE THAT THE SUBJECT PROPERTY DOES CONTAIN A SINGLE FAMILY HOME. UM, THIS CASE WAS CONTINUED FROM THE FEBRUARY 3RD HEARING, SO WE DID HAVE SOME FOLLOW UPS THAT WE CONDUCTED AS STAFF. UM, THAT FENCE IS CONSTRUCTED WITHIN THE CLEAR VISION FIELD. SO ONE OF OUR FOLLOW UPS WAS, UM, OUR ZONING STAFF DID REACH OUT TO TRAFFIC AND WE, UH, GOT THEIR OPINION. THEY ARE HERE TO ANSWER ANY QUESTIONS IF, UM, YOU HAVE THEM. UM, ANOTHER FOLLOW-UP WAS WE TALKED TO THE APPLICANT AND WE KIND OF COVERED, UM, DIFFERENT OPTIONS FOR HER AS FAR AS THE GATE SWINGING OUTWARD. SO WE DISCUSSED PLACING IT ON TRACKS OR MAYBE OPENING IT INWARD. UM, SO JUST TO KIND OF CLARIFY FROM THE PREVIOUS MEETING THAT WE HAD. UH, SO IF YOU HAVE ANY QUESTIONS, WE'RE AVAILABLE. OKAY. I THINK WE SHOULD GO AHEAD AND, AND, UH, GET THE CITY STAFF HERE CONCERNING, UM, CLEAR VISION. SO WE'LL GET EXPLAINED BETTER. THERE'S ANY QUESTIONS, THEY'RE AVAILABLE, BUT, UM, WE DON'T, I MEAN, NO, I, I HAVE SOME QUESTIONS, SO. OH, OKAY. ALL RIGHT. THAT'S WHY I'M ASKING. OKAY. GO ON AHEAD AND BE, BEFORE I ASK, DOES ANYONE ELSE ON THE BOARD HAVE ANY, ANY QUESTIONS FOR THIS DEPARTMENT? OKAY. UH, MY UNDERSTANDING ON THIS PARTICULAR INSTANCE, THERE'S A CLEAR VISION, UH, ASPECT OF THIS, WHERE THE FENCE IS BLOCKING, WHAT VISION, WHAT AREA IS IT BLOCKING? UM, SO RIGHT NOW THE ALLEY IS UNIMPROVED, BUT IT IS A PUBLIC ALLEY. UM, SO IF THERE WAS EVER ANYONE WANTING TO TAKE ACCESS OF THE ALLEY, THEN THAT FENCE AT THAT CORNER WOULD BE AN ISSUE. UM, NOW IN TERMS OF LIKE OUR CLEAR VISION, UM, STANDARD ITSELF THAT'S IN THE U D C, THEY HAVE TO BE A MINIMUM OF, UM, I WANNA SAY 14 AND A HALF FEET FROM BACK CURB. SO THEY ARE IN VIOLATION. BUT AGAIN, WE LOOK AT A LOT OF THE CLEAR VISION ISSUES IN, UM, BASED ON THE CASE SPECIFIC SCENARIOS, UM, AND THE TYPE OF LAND USE THAT IT IS. UM, IF IT'S RESIDENTIAL, WE TEND TO LOOK AT WHERE ON THE STREET IS IT LOCATED, UM, WHAT KIND OF INTERSECTION CONTROLS ARE THERE, UM, HOW BIG OF AN ISSUE IS THIS GOING TO BE BASED ON THOSE CIRCUMSTANCES? UM, EVEN THOUGH OUR CODE HAS SPECIFIC LANGUAGE ABOUT CLEAR VISION, WE UNDERSTAND THAT, YOU KNOW, UM, CITIZENS WANNA DO, UM, WHATEVER IT IS THAT THEY WANNA DO ON THEIR PROPERTY. SO WE DON'T WANNA KIND OF LOOK AT THE CODE AS BLACK AND WHITE SCENARIO. UM, THE PRIMARY ISSUES THAT WE'RE CONCERNED WITH IS OBVIOUSLY LIFE SAFETY. SO WE DON'T WANNA CREATE ANY SAFETY HAZARDS. AND THEN THE OTHER THING THAT WE LOOK AT IS OPERATIONS. HOW IS IT GONNA IMPACT THE WAY OUR RIGHT OF WAY OPERATES TODAY WITH THE ADDITION OF WHATEVER THAT CLEAR VISION ENCROACHMENT IS, WHETHER IT'S FENCE, SIGN, WHATEVER IT IS. UM, THE QUESTION I WANT, UH, THAT'S A VERY GOOD EXPLANATION, THANK YOU VERY MUCH. BUT I WANTED TO KNOW ABOUT OUT SWINGING GATES BECAUSE IN THIS PARTICULAR INSTANCE, WHAT SHE'S ASKED, WHAT SHE HAD BEFORE WAS AN OUT SWINGING GATE, AND THAT WOULD EXTEND ALL THE WAY WAS SINCE IT WAS A 10 FOOT GATE TO THE SIDEWALK AND, AND BLOCKING THAT FURTHER AFFECTING CLEAR VISION. AND, UH, SO IS THERE ANY POLICY CONCERNING OUTSWING SOLID FENCES? SORRY, I DIDN'T CATCH THAT FROM YOUR EARLIER COMMENT, BUT, UM, WHEN ZONING STAFF DID COME OVER TO SPEAK WITH US ABOUT THIS, THAT WAS ONE OF OUR MAIN CONCERNS IS WE DON'T ALLOW FOR RIGHT OF WAY ENCROACHMENT, WHETHER IT'S RESIDENTIAL OR COMMERCIAL WITHOUT IT GOING THROUGH THE PROPER CHANNELS OF THE CITY. UM, SO ONE OPTION WOULD BE FOR THE GATE TO NOT ENCROACH INTO OUR RIGHT OF WAY. SO FOR, IN OTHER WORDS, FOR TO NOT SWING OUTWARD INTO THE SIDEWALK AREA, BUT SWING INWARD OR, UM, LIKE KAYLA MENTIONED EARLIER, PUT IT ON RAILS SO THAT IT'S NOT GONNA IMPACT ANYTHING ON THE RIGHT OF WAY. UM, ESPECIALLY WITH THE SIDEWALK BEING RIGHT THERE. UM, IF SOMEONE WERE WALKING DOWN THE STREET AND GATE DID SWING OUTWARD, THEN THAT IS, UM, A SAFETY CONCERN AND A HAZARD. UM, SO THAT'S ONE OF THE THINGS THAT WE RECOMMENDED IS WE CANNOT HAVE THE GATE LEFT AS IT IS WITHOUT GOING THROUGH [00:25:01] THE PROPER APPROVALS WITH THE CITY. SO THEY, UM, THE RESIDENT OR THE, THE PROPERTY OWNER HAS THE, UH, OPTION TO SPEAK WITH, UH, TRANSPORTATION CAPITAL IMPROVEMENTS REAL ESTATE TO GET A RIGHT OF WAY ENCROACHMENT AGREEMENT WHERE IT GETS WETTED THROUGH SEVERAL DEPARTMENTS TO GET THAT PROPERLY APPROVED OR, UM, THEY CAN JUST CHANGE THE WAY THE GATE FUNCTIONS SO THAT IT DOESN'T ENCROACH INTO OUR RIGHTWAY SIDEWALK. ALL RIGHT. THAT'S, I WANTED TO GET THAT VERY CLEAR FOR THE BOARD BEFORE WE CONTINUE, SO THANK YOU VERY MUCH. I APPRECIATE YOUR RESPONSE. ANY QUESTIONS BY THE WAY, NOW THAT I HAVE IN, IF, IF SHE WERE TO PUT IN A SLIDING GATE THAT WAS AUTOMATIC, IS THAT SOMETHING THAT YOU CAN, UH, ADDRESS WITH AN ADMINISTRATIVE EXCEPTION OR IS THAT SOMETHING THAT STILL COMES BEFORE THE BOARD? SO, UM, I, AGAIN, I DON'T REALLY KNOW ALL THE NUANCES OF HOW CASES GET TO B O A, UM, BUT IF THIS WERE TO COME IN AS A FENCE PERMIT, UM, WE MAKE SOME EXCEPTIONS, LIKE I SAID, IN TERMS OF HOW THE CODE IS APPLIED. UM, SO SAY THIS JUST CAME IN AS A FENCE PERMIT, UM, BASED ON THE SPECIFIC CIRCUMSTANCES WE MAY ALLOW FOR THE CLEAR VISION ENCROACHMENT. IN OTHER WORDS, IT NOT MEETING THE SETBACK FROM BACK A CURB, UM, AND THE SLIDING GATE WOULD BE ACCEPTABLE IF THAT'S, THAT'S WHAT YOU'RE ASKING. THANK YOU. ANYONE ELSE? ALL RIGHT, THANK YOU VERY MUCH. YOU'RE WELCOME. ALRIGHT, DO YOU HAVE ANY MORE THAT YOU NEED? UH, WE'RE HAVING TO GET QUESTIONS FOR THE REGULAR, UH, PRESENTER HERE ON THIS CASE. NONE. ALRIGHT THEN GO AHEAD AND BRING THE APPLICANT. I'LL NEED YOUR NAME, ADDRESS, ALTHOUGH YOU DID THIS BEFORE. FOR THE, FOR THE RECORD, UM, MY NAME IS EMA LUIS. I LIVE AT 1638 SANTA MONICA STREET, SAN ANTONIO, TEXAS 7 8 2 0 1. UM, APOLOGIZE, I THINK THERE'S ONE MORE THING I WAS SUPPOSED TO SAY AND I'VE FORGOTTEN. WELL, YOU ALREADY MADE YOUR PRE YOUR PRESENTATION BEFORE AND, BUT THERE MAY BE OTHER MEMBERS ON THE BOARD TODAY THAT WERE NOT THERE FOR THE PREVIOUS MEETING. MM-HMM. . SO JUST A BRIEF SYNOPSIS OF, OF WHAT YOU DECIDED THAT YOU'D LIKE TO DO AND WHAT YOU'RE ACTUALLY REQUESTING US TO VOTE ON. SURE. UM, SO LAST TIME I WAS HERE I EXPLAINED THE SITUATION WITH GATE AND, UM, WE HAD DISCUSSED AND PRETTY MUCH AGREED UPON THAT I WAS GONNA TRY TO GET PERMITS OR GET NOT PERMITS, EXCUSE ME, BIDS FOR THE CONSTRUCTION OF A TRACK GATE TO BE INSTALLED. I DID DO THAT. I SPOKE TO FOUR DIFFERENT CONTRACTORS. UM, I EMAILED ONE OF THE BIDS ACTUALLY, UH, OVER HERE AND WE SPOKE ON THE PHONE LAST WEEK JUST TO CONFIRM THAT EVERYTHING WAS IN ORDER. UM, SO I'VE DONE THAT PART, LIKE I SAID, I WOULD AND THE BID DOES INCLUDE THE TOP PART OF THE GATE. THERE WAS A CONCERN BECAUSE IT DIDN'T HAVE THE KIND OF LIKE NICE LITTLE CAP THAT THE REST PROTECTION YEAH, MM-HMM. OF THE, UM, FENCE HAS. SO THAT IS INCLUDED IN, UM, THE ESTIMATE THAT THEY GAVE ME, ALL THREE OF THEM. ALRIGHT. UH, DO WE HAVE ANY, UH, QUESTIONS FROM THE STAFF? THE BOARD HERE, UH, ORIAN? SO IS YOUR, UH, BEFORE US TODAY, YOUR APPLICATION IS, IS NOW AMENDED TO, TO BE A TRACK SLIDING GATE? IS THAT, I JUST WANT TO, I WAS WONDERING IF, UM, WHAT YOU'RE ASKING US TO LOOK AT IS GOING TO BE IN FACT A, A SLIDING GATE. I KNOW YOU SAID YOU GOT BIDS, BUT IS THAT, IS YOUR, IS YOUR APPLICATION, ARE YOU AMENDING YOUR APPLICATION TO BE A TRACK SLIDING GATE? I CAN, I HAVE NOT DONE ANYTHING LIKE ON THE COMPUTER OR OFFICIALLY, I, I UNDERSTOOD THAT I JUST NEEDED TO COME BACK WITH THE PROOF. WELL, YOU CAN TELL US. OKAY. . OKAY, WELL THEN YES, , YES. ACTUALLY ALL WE'RE DO DOING IS, IS TRYING TO MAKE A REASON FOR, TO APPROVE AND THAT WOULD PROBABLY BE NAMED. ARE THERE ANY QUESTIONS FROM ANYONE ELSE ON THE BOARD? NO, SIR. JUST A CLARIFICATION FOR STAFF. SO WE JUST STRIKE THE NUMBER TWO, UM, OF THE VARIANCE REQUESTS OR THE VARIANCE BEFORE US WOULD BE THE APPROVAL OF THE CORRUGATED METAL AS FENCING MATERIAL? UH, NO, WE WOULD NOT, BECAUSE WE DON'T HAVE AN ACTUAL APPLICATION FOR THAT TRACK GATE YET, SO NO, IT WOULD STILL NEED TO BE CONSIDERED BY THE BOARD. NOW ACTUALLY, ALL WE HAVE TO DO ON THIS PARTICULAR ISSUE IS, UH, EITHER APPROVE THE NUMBER ONE AND NUMBER TWO, ALLOWING IT TO, UH, UM, UH, VARIANCE FOR THE CLEAR VISION STANDARD AS PRESENTED TO US, AND THAT WOULD ALLOW HER TO BE ABLE TO GET THIS PROCESS TAKEN CARE OF TODAY. ANY OTHER QUESTIONS? COULD YOU CLARIFY THAT ONE MORE TIME? ALL RIGHT. WHAT SHE'S DONE, IT STATES IS THE VARIANCE FOR THE, UH, RESTRICTION ON CORRUGATED PANELS. SHE'S ADDRESSED THAT. WHAT SHE'S GOING TO DO ON THAT, UH, AS FROM THE PHOTOGRAPHS, IF YOU'VE LOOKED THROUGH THE FILE AND SHE'S GONNA, UH, BUT, UH, AND ON THE CLEAR VISION STANDARD ISSUE IS HER GAIT IS NOT GONNA BE A SWING GATE. IT'S GONNA BE A, IT'S GONNA BE A ROLLING GATE. SO WHAT WE WOULD DO IS WE WOULD, WE COULD ACCEPT HER, UM, REQUEST FOR A VARIANCE AS USING THE THE NEW MODEL OF A ROLLING GATE THAT SHE HAS, UH, SUBMITTED. I BLESS SUREITY SUBMITTED TO THE STAFF. CORRECT. SO IT'S IN THE, IT'S IN THE FILE. RIGHT. SO IN OTHER WORDS, [00:30:01] UH, HER TESTIMONY TODAY, UM, SHE'S TESTIFIED THAT HER INTENTION IS TO DO THE TRACK GATE REGARDLESS. UH, WE ALREADY KNOW THAT CODE DOES NOT REQUIRE THE OUTWARD SWINGING GATE, SO SHE'LL STILL HAVE TO COMPLY. BUT IN, UM, HER TESTIMONY TO YOU AND IN YOUR CONSIDERATION, YOU CAN CITE THAT SHE HAS, UM, IS, IS INTENDING TO DO THE TRACK GATE AND IF I MAY ADD SOMETHING ON THAT, SO SHE HAS HER OPTIONS AVAILABLE TO HER AS LONG AS THE GATES SWING INWARD, WE'RE OKAY WITH THAT AS WELL. SO WHETHER IT BE A, A TRACKED OR THE GATES SWING INWARD EITHER WOULD BE FINE. I BELIEVE SHE PR NOW WE'RE GONNA HAVE TO EX OKAY. WAY, WAY I SEE THIS IS, IF WE WANT TO APPROVE THIS VARIANCE, WE HAVE TO BE SPECIFIC IN ORDER TO DO IT THIS WAY. SO WE'RE, WE WOULD SAY THAT WE'RE A, A VARIANCE OF THE CLEAR VISION STANDARD WITH THE RECOMMENDATION OF, OF THE TYPE OF GATE THAT SHE'S GONNA UTILIZE, WHICH IS A ROLL GATE. THAT WAY IT'S IN THE VARIANCE AND WE DON'T HAVE ANY QUESTION ABOUT WHAT DIRECTION IT OPENS. OKAY. DOES THAT MAKE SENSE? ALRIGHT. ALRIGHT, THANK YOU. YOU HAVE ANYTHING YOU WANT COMMENT YOU WANNA MAKE TO WHAT I JUST SAID? NO. OKAY. UH, DID ANYBODY ELSE SIGN UP FOR THIS? NOBODY SIGNED UP. WELL, THANK YOU FOR YOUR TIME AND WE'RE, I'M CLOSING THE MEETING TO THE PUBLIC. YOU MAY HAVE TO SEAT AND, UH, I'M LOOKING FOR A, UM, TEAL, MR. TEAL, AND YOU KNOW HOW I MENTIONED THAT. OKAY. TAKE CARE. REGARDING CASE NUMBER BO O A DASH NINE DASH 3 56, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR ONE OF VARIANCE FROM THE RESTRICTION OF THE CORRUGATED METAL AS A FENCING MATERIAL TO ALLOW IT, ALLOW FOR ITS USE AS A FENCING MATERIAL AS PRESENTED WITH TOP CAP AND TWO, A VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW FOR A FENCE TO BE WITHIN THE CLEAR VISION FIELD AS PRESENTED WITH A ROLLING GATE TRACK AT SITUATED AT 1638 SANTA MONICA STREET, APPLICANT BEING EMA LUIS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISION OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS INSTANCE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC ENTRANCE. THE FENCE IS BUILT WITH MATERIAL IN A DESIGN THAT IS COMPLIMENTARY TO THE SURROUNDING PROPERTIES. THE REQUEST IS CONSISTENT WITH THE NEIGHBORHOOD AND IS NOT CONTRARY TO THE PUBLIC INTEREST. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT REMOVING THE MATERIAL AND FENCE THAT IS WITHIN THE CLEAR VISION. THIS WOULD RESULT IN AN UNNECESSARY FINANCIAL HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE BOARD FINDS THAT GRANTING THE REQUEST WILL RESULT IN SUBSTANTIAL JUSTICE WITH THE REQUESTED MATERIAL PLACEMENT OF THE FENCE AND PLACEMENT OF THE TRACKS FOR THE OPENING GATE. THESE CHANGES TO THE GATE WILL PROVIDE FOR A SAFE DEVELOPMENT PATTERN AND THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL 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. THE BOARD FINDS THAT THE FENCE IS WITHIN CHARACTER WITHIN THE COMMUNITY. THE IMPACT OF THE CLEAR VISION ENCROACHMENT DOES NOT IMPACT THE ALLEYWAY USERS AND ADJACENT PROPERTY OWNERS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO A UNIQUE CIRCUMSTANCE 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 THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE. DUE TO THE PRESENCE OF THE ALLEYWAY AND THE GATE BEING PROPOSED TO BE ON A TRACK, THE BOARD FINDS THE REQUEST TO BE THE RESULT OF THE SURROUNDING AREA IN WHICH THE PROPERTY IS LOCATED INTO MOTION. SECOND? YES, I THINK THIS IS A GOOD EXAMPLE OF THE VARIANCE PROCESS WORKING. UM, THE, THE ALLEY IS UNIMPROVED. UM, THE APPLICANT HAS DECIDED TO, TO ADDRESS, UH, THE SITE LINE CONCERNS WITH THE CLEAR VISION FIELD, UM, AND HAS ALSO GONE AHEAD AND ADDRESSED THE TOP OF THE, UH, FENCING MATERIAL. SO I'LL BE IN SUPPORT. YEAH, I HAVE THE SECOND. AND I JUST WANNA SAY THAT I [00:35:01] WAS, UM, PLEASED THAT SHE ADDRESSED OUR CONCERNS REGARDING HEALTH AND SAFETY. SO, AND SUPPORT ORIAN. UH, I JUST WANTED TO ADD THAT THE ALLEY NEXT TO HER LOT IS, UH, UNIMPROVED. IT'S, UH, HAS SOME UTILITIES IN IT. AND SO THE, THE, THE, THE CHANCES FOR VEHICULAR TRAFFIC WHILE IT MAY OCCUR ARE PRETTY SLIM. SO I THINK THAT THIS IS A GOOD COMPROMISE FOR THE CLEAR VISION. VERY GOOD. ANYONE ELSE WANNA SAY ANYTHING? NO. LET'S GO AHEAD AND TAKE THE VOTE. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. DR. SUTTER. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ? YES, I CONCUR. MR. ORIAN? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MS. ENGLER? YES. MR. MENA. I CONCUR WITH THE FINDINGS OF FACT. MR. VINNO? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. UH, THE, THE, UM, MOTION PASSES UNANIMOUSLY. UH, GOOD LUCK WITH YOUR PROJECT. I'M GLAD WE CAME TO SOMETHING WE COULD WORK WITH HERE. PLEASE GET WITH STAFF FOR THE REST OF THE PROCESS. NEXT, [2. 20-2290 BOA-19-10300167: A request by Fernando De Leon for a request for a 34’11" variance from the maximum 35’ front setback requirement to allow a new building to be 69'11" from the front property line, located at 10603 West Avenue. Staff recommends Approval. (Council District 9) (Kayla Leal, Senior Planner, (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department).] UH, APPLICANT PLEASE. AGENDA ITEM NUMBER TWO IS CASE BO O A 19 1 0 3 0 0 1 63. SUBJECT PROPERTY IS LOCATED AT TEN SIX OH THREE WEST AVENUE. THE APPLICANT IS REQUESTING A 34 FOOT 11 INCH VARIANCE FROM THE 35 FRONT SETBACK REQUIREMENT TO ALLOW BUILDING TO BE 69 FEET, 11 INCHES. FROM THE FRONT PROPERTY LINE. THE SUBJECT PROPERTY IS ZONED OH ONE OFFICE DISTRICT. HERE IS THE SUBJECT PROPERTY AND THE SURROUNDING AREA. SO THE SUBJECT PROPERTY IS CURRENTLY VACANT. UM, THEY'RE PROPOSING TO CONSTRUCT AN OFFICE BUILDING AND THE, IT IS THE SUBJECT PRO. I MEAN, THE BUILDING IS PROPOSED TO BE 4,725 SQUARE FEET. UM, IT'LL HAVE TWO ROWS OF PARKING IN FRONT OF THE BUILDING. UH, THE REASON FOR THE REQUEST IS TO, UM, ATTEMPT TO PRESERVE A HERITAGE TREE THAT IS LOCATED NEAR THE FRONT OF THE PROPERTY. IF THE BUILDING WERE, UH, ABIDING BY THAT FRONT SETBACK REGULATION, THEY WOULD HAVE TO KNOCK THE TREE DOWN. SO THIS IS WHY WE'RE HERE. HERE IS A SITE PLAN THAT SHOWS THE PROPOSED BUILDING WITH THE TWO ROWS OF PARKING THAT RECOMMENDS APPROVAL OF THE SPECIAL EXCEPTION IN BO O 8 19 103 0 0 1 6 7. BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PRESERVATION OF A HERITAGE TREE IS A SPECIAL CONDITION ON THE SITE THAT WARRANTS LENIENCY IN THE SETBACKS. TWO, THE PROJECT CANNOT PROVIDE THE REQUIRED PARKING AND MEET THE SETBACK REQUIREMENTS. AND THREE, THE REQUESTED VARIANCE WILL NOT ALTER THE CHARACTER OF THE SURROUNDING AREA. STAFF DID MAIL 12 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. NONE ARE RETURN IN FAVOR, NONE IN OPPOSITION, AND THERE IS NO RESPONSE FROM THE GREATER HARMONY HILLS NEIGHBORHOOD ASSOCIATION STAFF IS AVAILABLE FOR ANY QUESTIONS AND THE APPLICANT IS PRESENT. ALL RIGHT. DO WE HAVE ANY QUESTIONS FOR STAFF ORIAN MR. RAIN? GO AHEAD. UH, DID THE, UH, CITY LANDSCAPE DEPARTMENT WEIGH IN ON, ON THE, WHETHER THIS IS ADEQUATE FOR THE TREE TO BE PROTECTED? HAVE THEY HAD, HAVE THEY SEEN THIS? I DON'T BELIEVE TREES LOOKED AT THIS. SO THE TREE REVIEW WOULD'VE WOULD BE DONE DURING THE BUILDING PERMIT REVIEW. AND SO MAYBE THE APPLICANT CAN PROVIDE A LITTLE BIT MORE INFORMATION ON THAT. OKAY. THANK YOU. ANYONE, ANYONE ELSE HAVE A QUESTION? THANK YOU VERY MUCH. LET'S BRING THE APPLICANT FORWARD. WE'RE GONNA NEED YOUR NAME AND ADDRESS FOR THE RECORD, UH, BEFORE YOU PRESENT YOUR CASE. HI, MY NAME IS FERRANO DELION 2 55 SHADY VIEW, AND, UM, TO ANSWER YOUR QUESTIONS, YES, WE HAVE THE PLAN IS UNDER REVIEW RIGHT NOW AND IT HAS GONE THROUGH THE LANDSCAPE AND TREE, UH, REVIEWS. AND, UH, WE ALSO DOING A, A TREE WARRANTY ON THIS, ON THIS TREE. SO YES, WE HAVE, WELL, ONE, ALSO, ONE OF THE REASONS THAT, UM, THAT THIS LOT BECOMES VERY COMPLICATED IS THAT WE'RE SURROUNDED BY, UM, BY THE R SIX ZONING. SO WHEN YOU HAVE R SIX ZONING, THE CODE REQUIRES A 30 FOOT SETBACK ON THE BACK AND A 20 FOOT SETBACK ON THE SIDES. SO THIS BECAME A PRETTY, PRETTY COMPLICATED LOT. AND ONE OF THE THINGS WE DID, UH, STAFF SAID THAT WE HAD A, WE, WE DID PROPOSE AT THE BEGINNING [00:40:01] A 4,700 SQUARE FOOT BUILDING. WE HAVE CUT IT DOWN TO A 4,200 SQUARE FOOT BUILDING. SO WE'RE STILL WORKING AND, UH, MAKING IT WORK. WE HAVE ANY, UH, QUESTIONS FOR THE APPLICANT? UH, ORIAN IT'S, IT'S ACTUALLY FOR YOU OR FOR STAFF? I NOTICED THAT IT MAY, YOUR NEIGHBOR IS ZONED R SIX. DO YOU GET ANY, IS THERE ANY CREDITS THAT APPLY BECAUSE IT'S A CHURCH USE, A NON, A NON-RESIDENTIAL USE. DOES ANY OF THAT COME INTO PLAY FOR US? I DON'T HAVE THE ANSWER TO THAT RIGHT NOW. I MEAN, IF WE NEEDED TO KNOW, WE'LL HAVE TO CHECK WITH OUR TREE REVIEW TEAM, BUT AGAIN, ALL THAT WILL BE REVIEWED DURING THE BUILDING PERMIT STAGE. WELL, I'M ONLY ASKING BECAUSE I KNOW THERE'S SOME, UH, CREDIT ASSOCIATED WITH, UH, BUFFERING. I DIDN'T KNOW IF SETBACKS HAVE ANY SORT OF REDUCTION. IF YOUR NEIGHBOR IS A NON-RESIDENTIAL, I'M LOOKING IT UP RIGHT NOW, BUT IF ANYBODY KNEW OFFHAND, I JUST WONDER, I MEAN, I KNOW SETBACKS, SO BUILDING SETBACKS, YOU'RE ALLOWED, UM, TO HAVE LESS OF A SETBACK IF THE USE ADJACENT TO YOU IS A NON-RESIDENTIAL USE. SO YES, FOR A SETBACK, YES, YOU COULD GET, UM, SOME CREDIT. IS THAT THE ANSWER YOUR QUESTION? SO IS THAT, SO IS THAT ADJACENT OR ADJOINING? IT'S A BUDDING, BUT AGAIN, THAT WOULD ONLY APPLY TO THE, UH, SIDE AND REAR WHAT WE'RE TALKING ABOUT HERE IS THE FRONT. AND SO THE PROPERTIES ACROSS THE STREET THEN WOULD NOT BE A BUDDING THEY'D BE NO, THAT THAT'S CORRECT. ALRIGHT. NO FURTHER QUESTIONS. OKAY. ALL RIGHT. UH, THIS TIME I'M THANK YOU FOR YOUR INFORMATION. VERY GOOD. AND WE'RE GONNA CLOSE THIS TO THE PUBLIC AND THERE'S NO WITNESSES, CORRECT? THAT'S CORRECT. NOBODY SIGNED UP. ALL RIGHT, THEN I'M GONNA CLOSE THIS TO THE PUBLIC AND, UH, UM, ANDREW'S A ASKED TO MAKE THE MOTION REGARDING CASE NUMBER BO A 19 DASH, UH, 1 0 3 0 0 1 67. I MOVED THAT THE BOARD OF ADJUSTMENTS GRANT TO REQUEST FOR A 34 FOOT 11 INCH VARIANCE FROM THE 35 FRONT SETBACK REQUIREMENT TO ALLOW A BUILDING TO BE 69 FEET, 11 INCHES FROM THE FRONT PROPERTY LINE SITUATED AT TEN SIX OH THREE WEST AVENUE, APPLICANT BEING FERNANDO DELEON. 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 U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC IN ASSISTANCE. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS IT IS BEING REQUESTED TO PRESERVE A HERITAGE TREE ON THE, ON THE SUBJECT PROPERTY. TWO, DUE TO SPECIAL CONDITIONS THAT LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD HAS FOUND A SPECIAL CONDITION ON THE PROPERTY TO INCLUDE A HERITAGE TREE NEAR THE FRONT PROPERTY LINE. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP OF TREE REMOVAL IN ORDER TO CONSTRUCT THE OFFICE BUILDING. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THE REQUEST WILL RESULT IN SUBSTANTIAL JUSTICE AS THE REQUESTED VARIANCE WILL ALLOW THE PROPERTY OWNER TO PRESERVE AN APPROPRIATE DESIGN THAT'S CONSISTENT WITH THE SURROUNDING COMMUNITY. THE REQUEST WILL NOT NEGATIVELY AFFECT THE SURROUNDING COMMUNITY AND WILL MAINTAIN THE SPIRIT OF THE ORDINANCE FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZE IT FOR THE DISTRICT IN WHICH THE PROPERTY FOR THE VARIANCE IS SOUGHT, IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USED SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL 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. THE BOARD HAS FOUND THE REQUEST TO MAINTAIN THE CHARACTER OF THE DISTRICT THROUGH THE PRESERVATION OF THE EXISTING TREE CANOPY. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OTHER RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED. UH, THE BOARD FINDS THE UNIQUE CIRCUMSTANCES EXISTING IN THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE. AND A MOTION. SECOND MOTION AND A SECOND. ANDREW WOULD LIKE TO START DISCUSSION. I I'M SUPPORTING THE MOTION. OBVIOUSLY THE, UH, THE, THE SITE PLAN IS, IS, UH, IS, UH, RESTRAINED BY THE HERITAGE JOKE AND THEN THE SETBACKS OF THE REAR AND THE SIDE. SO THE REQUEST, I THINK IT'S IN LINE WITH THE, UH, UH, WITH THE CHARACTER OF THE NEIGHBORHOOD AND PRESERVING THE TREES. AND, UH, IT'S EVIDENCED BY NO OPPOSITION AND I'M SUPPORTING THE MOTION. VERY GOOD. UM, IAN? YES, I'LL ALSO BE IN SUPPORT. I'M GLAD THAT THERE'S SAVING A SIZABLE TREE IN THE AREA AND PUTTING IN A, A RESPONSIBLE SIZED BUILDING. UH, AND I JUST WANTED TO ADD THAT I DID FIND IN THE U D C NOTE TWO TABLE THREE 10 DASH ONE, THAT BECAUSE IT'S A BUDDING A CHURCH THAT THERE ARE NO REAR INSIDE SETBACKS THAT ARE ELIMINATED [00:45:01] FOR THIS. SO THAT'S, I GUESS, BETTER FOR THE DECISION, MY DECISION AS WELL. THANKS. VERY GOOD. UH, ANY OTHER INPUT? NONE BEING THE CASE. LET'S GO AHEAD AND TAKE ROLL COUNT. MR. OZUNA? YES, I CONCUR. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. TEO. YES, I CONCUR WITH THE FINDINGS OF FACT. DR. TERELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. BRITTON? YES. MS. ENGLER? YES. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. RAVINO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT THE, UH, MOTION PASSES, UH, UH, UNANIMOUSLY, THEREFORE, THE ISSUE PASSES. UH, THANK YOU AND GOOD LUCK WITH YOUR PROJECT. SOUNDS LIKE A GREAT IDEA. AND, UH, WAS, UH, READY FOR [3. 20-2291 BOA-20-10300014: A request by Steve Markham for a special exception to allow one (1) Type 2 short term rental unit, located at 326 Lexington Avenue. Staff recommends Denial. (Council District 1) (Kayla Leal, Senior Planner (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)] I GUESS THE NEXT, UH, APPLICANT AGENDA ITEM NUMBER THREE IS CASE BO O A 20 DASH 1 0 3 4. THE SUBJECT PROPERTY IS LOCATED AT 3 26 LEXINGTON AVENUE. UH, FOR UNIT 1 0 1, THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL UNIT. THE ZONING OF THE PROPERTY IS, UH, F B Z T FIVE ONE FORM-BASED ZONE TRANSECT T FIVE, UH, CALIBRATED. T FIVE DASH ONE. HERE IS THE SUBJECT PROPERTY. THIS IS UNIT 1 0 1, UM, THAT THIS REQUEST IS FOR THE OFF STREET PARKING PROVIDED AND THE ADJACENT PROPERTY. AND, UM, GROUNDING, OH, THIS IS THE EXISTING TYPE TWO SHORT-TERM RENTAL PERMIT. UM, IT'S UNIT 1 0 2, THE SURROUNDING AREA. SO, UH, THE PROPERTY WITH THAT RED BOLD, UM, OUTLINE IS THE SUBJECT PROPERTY. AND THESE ARE SOME SHORT-TERM RENTALS THAT ARE IN THE AREA. THERE'S FOUR OTHERS THAT YOU CAN SEE THERE. THE SUBJECT PROPERTY IS LOCATED DOWNTOWN ON THE CORNER OF LEXINGTON AVENUE AND DALLAS STREET. UM, IT DOES HAVE AN EXISTING DUPLEX ON THE PROPERTY AS, AS WE SAW, UM, WHICH WAS RE RECENTLY RENOVATED. THE SURROUNDING AREA DOES CONSIST OF A MIXTURE OF USES INCLUDING COMMERCIAL, RESIDENTIAL, UH, RECREATIONAL, AND, UM, SOME OFFICE USES. SO THE SECOND UNIT IN 1 0 2 DOES CURRENTLY HOLD THE TYPE TWO SHORT-TERM RENTAL PERMIT, WHICH IS WHY WE'RE HERE TO ALLOW, UM, A SPECIAL EXCEPTION FOR THAT SECOND UNIT. FOR UNIT 1 0 1, THERE IS A SITE PLAN SHOWING THE TWO SEPARATE UNITS AND STAFF DOES RECOMMEND DENIAL OF THE SPECIAL EXCEPTION AND B O A DASH 20 DASH 1 0 3 0 0 4. BASED ON THE FOLLOWING, FINDING OF FACT, UM, THE SUBJECT PROPERTY CURRENTLY HOLDS ONE ACTIVE TYPE TWO, A SHORT-TERM RENTAL PERMIT, WHICH IS GRANTED NOVEMBER 25TH, 2019, STAFFED MAIL 11 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. NONE ARE RETURN IN FAVOR, NONE IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE DOWNTOWN RESIDENCE ASSOCIATION. BUT I'M AVAILABLE FOR ANY QUESTIONS THAT THE EXTENT OF YOUR PRESENTATION. THAT'S IT. ALRIGHT, DO WE HAVE ANY QUESTIONS FROM THE STAFF OR IN MR. ORIAN? SO, UH, THIS IS IN THE, THE RIO. IT DID, UH, WHEN RENOVATIONS OCCURRED ON THE EXISTING PROPERTY, DID IT GO TO THE H D R C? AND IF SO, WAS THERE ANY PUBLIC COMMENTARY REGARDING ITS PROPOSED USE AS AN S T R THAT WE MIGHT NEED TO BE AWARE OF IN THE SYSTEM? IT REFERS TO THE WORK BEING DONE. SO THE WORK BEING DONE WAS REVIEWED AS FAR AS THE USE OF THE BUILDING, THAT I'M NOT AWARE OF. THERE'S NO NOTES IN THERE ABOUT THE TYPE OF USE. OKAY. I WAS JUST, SOMETIMES THERE'S A LOT OF PUBLIC COMMENTARY AT THOSE MEETINGS. I WAS JUST CURIOUS IF THERE WAS ANYTHING THAT WE MIGHT NEED TO KNOW, BE AWARE OF. ALRIGHT, ANY OTHER, UH, INFORMATION NEEDED? ALRIGHT, LET'S GO AHEAD AND BRING THE APPLICANT FORWARD. WE'LL NEED YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU CAN PRESENT YOUR CASE. STEVE MARKHAM, 3 26 LEXINGTON. AND THIS UNIT WAS BOUGHT, UH, BY TWO OF MY CLIENTS AND WE DID A PARTNERSHIP. AND THERE'S TWO FAMILY MEMBERS AND WE WORK VERY CLOSELY WITH THIS STORY. THAT'S PROBABLY WHY THERE'S A LACK OF COMMENTS. [00:50:01] UM, WE BROUGHT IN DAVID ROBERTSON, WHO DOES A LOT OF WORK IN KING WILLIAM MONTE VISTA, MANKEY PARK, BECAUSE WE WANTED TO DO A TRUE RESTORATION, NOT A RENOVATION OF THIS, UM, UNIT. SO WE KEPT ALL OF THE, UM, ARCHITECTURAL INTEGRITY, UM, AS PART OF A LARGER PROJECT OF MAYBE DOING ADDITIONAL PROPERTY IN THIS AREA BECAUSE IN THAT BLOCK THERE ARE SEVERAL DECREPIT, UM, PROPERTIES THAT I THINK WOULD REALLY BENEFIT FROM ALSO BEING, UM, RESTORED TO, TO WHAT THEY WERE. UM, UNITS WERE BOUGHT BY TWO FAMILY MEMBERS AND, UM, WITH THE INTENT OF HAVING THEM AS SHORT-TERM RENTALS, UM, WE WERE GIVEN ONE PERMIT, BUT NOT THE OTHER ONE, EVEN THOUGH IT'S ALWAYS ACTUALLY, I THINK IT WAS A QUAD BEFORE, LIKE 30, 40 YEARS AGO, BUT WE MADE IT INTO A, UM, A HIGH-END, UM, DUPLEX. UM, SO WE WERE A LITTLE BIT SURPRISED THAT WE WERE GRANTED THE, UM, THE SHORT-TERM RENTAL PERMIT FOR ONE UNIT BUT NOT THE OTHER UNIT. UM, THIS WILL COST HARDSHIP ON THE OTHER FAMILY MEMBER WHO BOUGHT THE OTHER UNIT BECAUSE THAT WAS THE BUSINESS MODEL THAT WE HAD CONSIDERED. SO WE WERE HOPING THAT WE COULD GET THAT EXEMPTION. UM, EACH UNIT HAS ITS OWN DRIVEWAY, UM, AND YES, THERE ARE SOME ADDITIONAL, UM, SHORT-TERM UNITS, BUT THERE ARE SEVERAL BLOCKS AWAY. AND, UH, I THINK THAT AREA WOULD BENEFIT FROM HAVING MORE, MORE CHOICES FOR PEOPLE WHO WANT TO COME AND VISIT SAN ANTONIO. ALL RIGHT. QUESTIONS FOR THE APPLICANT HERE? I HAVE A QUESTION. YES. I MEAN, I, EVERYTHING'S BEEN VERY VAGUE TERMINOLOGY HERE. SO ESSENTIALLY THIS IS, YOU SAID THIS WAS A DUPLEX. THIS IS A DUPLEX RIGHT NOW. THIS IS A DUPLEX. AND, UH, HOW, HOW LARGE IS THIS BUILDING? IT'S 4,000 SQUARE FEET. SO EACH UNIT IS 2000 SQUARE FEET. SO, AND ESSENTIALLY YOU'RE, UH, AS AN S T R, YOU'RE, YOU'RE USING ONE, MAYBE THREE TO FOUR BEDROOMS OR, UH, IT'S, UM, TWO BEDROOMS OFFICE UPSTAIRS THAT CAN FUNCTION AS A THIRD BEDROOM IF NEEDED. BUT HOW, HOW MANY RE UH, SHORT-TERM RENTALS USE, USE A BUILDING FOR AN OFFICE? UM, SO WE'VE HAD A COUPLE OF PEOPLE WHO HAVE RENTED IT FOR TWO TO THREE MONTHS, AND WE'VE TARGETED, FOR EXAMPLE, PEOPLE WHO ARE STAYING AT THE TOBIN CENTER OR DOCTORS WHO ARE VISITING. SO, UM, I THINK PEOPLE LIKE THE OPTION OF HAVING AN OFFICE. UH, OKAY. I I HAVE JUST A SECOND HERE. A QUESTION FOR STAFF. IF THIS IS BEING RENTED FOR MORE THAN 30 DAYS, HOW DOES THAT MEET THE CRITERIA OF S D R? SO SDR R IS ANYTHING LESS THAN 30 DAYS, RIGHT? AT 30 DAYS OR MORE? IT'S A LONG-TERM RENTER AS FAR AS THE CODE'S CONCERNED. UH, IN THIS SPECIFIC CASE AS WHEN THEY WERE APPLYING FOR THE FIRST ONE, WE SPOKE WITH THE APPLICANTS ORIGINALLY AND NOTIFIED THEM OF THE, THE ISSUE THAT THE SECOND ONE WOULD HAVE TO COME BEFORE THE BOARD. OKAY. UM, ARE THESE, THESE, IT IS NOT OCCUPIED RIGHT NOW, THEY'RE UNDER RENOVATION, RIGHT? NO, NO. THE RENOVATION WAS FINISHED HISTORIC. OKAY. UH, WE GOT THE TAX CREDIT. SO THE ONE ON THE RIGHT IS FUNCTIONING RIGHT NOW, UH, AS A SHORT-TERM RENTAL THROUGH AIRBNB, V R B O. THE OTHER ONE IS FUNCTIONING, UM, AS A LONG-TERM RENTAL. AND THERE'S CURRENTLY A PERSON WHO'S OCCUPIED IT NOW FOR 90 DAYS, AND THEN THAT LEASE WILL BE ENDING AT THE END OF MARCH. AND THEN YOU'RE PLANNING, YOU WOULD WANTED TO PLAN FOR AS A, AS A THIRD, RIGHT? RIGHT. RENT FOR 30 DAY INCREMENTS, BE ABLE TO RENT IT FOR A WEEK OR TWO WEEKS. MM-HMM. . OKAY. AND, UH, OKAY. I, I SEE WHAT YOU'RE SAYING HERE. I I JUST WANTED TO GET THE, THAT SEEMS LIKE A VERY, VERY LARGE HOUSE, BUT YES. QUESTION HERE IS, IS THAT, UH, THE SHORT TERM RENTAL, UH, ASPECT OF, OF THIS BEAUTIFUL HOME, FROM WHAT I CAN SEE FROM THANK YOU. FROM THIS. THANK YOU. AND EVEN SOME OF THE INTERIOR PHOTOGRAPHS, UM, IT JUST, UH, IT'S JUST A, I'M SURPRISED SOMEONE DIDN'T WANNA BUY THIS TO LIVE IN IT, BUT WE WERE SURPRISED ALSO, UNFORTUNATELY, THE COMPS WOULDN'T HAVE SUPPORTED, WE WOULD'VE DONE THE ENTIRE HOUSE FOR SALE OR WOULD'VE BEEN USED AS ONE UNIT BECAUSE THEN WE WOULD'VE BEEN TALKING PROBABLY AROUND ONE 70 TO 180 PER SQUARE FOOT. THAT WOULD'VE BEEN CLOSE TO A MILLION DOLLAR HOUSE AT 4,000 SQUARE FEET. AND THE COMMS JUST DON'T SUPPORT IT AT THIS POINT. SO WE HAD TO DO IT AS A DUPLEX. NO OTHER QUESTION FROM MS. ORIAN? MR. ORIAN, UH, I I YOU'RE OFF STREET PARKING. IT LOOKS LIKE EACH PLACE HAS A, UH, THEY CAN PARK TANDEM, BUT I NOTICED THAT PARKING FROM THE PICTURES, THERE'S A LOT OF OLD PARKING SIGNS IN THE, IN THE AREA WHERE YOU COULD PARK ON THE STREET ARE METERED. UH, YES. HOW DOES THAT COME INTO YOUR, YOU KNOW, WITH SUCH A SIZABLE HOME, UH, IF YOU'VE BEEN RENTING THE FIRST S T R FOR, SINCE NOVEMBER, RIGHT? I MEAN, IT HASN'T BEEN THAT LONG, BUT ARE YOU FINDING THAT YOU HAVE ADEQUATE PARKING? OH, ABSOLUTELY. BECAUSE EASILY THREE CARS FIT TANDEM IN THAT PARKING PAD, WHICH CORRESPONDS TO THE UNIT WE'RE DISCUSSING. AND THEN THERE'S A SEPARATE PARKING PAD ON THE OTHER SIDE, UH, FOR THE OTHER UNIT. SO THERE'S ROOM FOR SIX CARS RIGHT THERE. [00:55:01] SO I'VE NEVER SEEN ANY OF THE, UM, PEOPLE USE THE STREET PARKING. I, IS THERE ANY, UM, ON STREET PARKING WITHIN A HALF A BLOCK OR A BLOCK OF THIS HOME THAT IS POSSIBLE FOR SOMEONE TO PARK AT WITHOUT IT BEING IN A METER OR A NO PARKING ZONE? I DON'T REMEMBER IF ON THE OTHER SIDE OF THE PARK, WHICH WOULD BE, UM, LESS THAN A BLOCK ON, NO, THAT'S NOT AUGUSTA. BUT ON THE FOLLOWING ONE, I CAN'T REMEMBER IF IT'S METERED OR NOT. OKAY. I'M JUST, I MEAN, I'M SURE THAT'S PART OF YOUR MARKETING PLAN THAT IT, IT, WHAT YOU HAVE IS ADEQUATE. I, I'M JUST CONCERNED 'CAUSE IT IS SUCH A SIZABLE HOME. RIGHT. BRAGMAN, MR. BRAGMAN, UM, DONALD, IT APPEARS ON THE MAP THAT THERE'S TWO PARKING LOTS ACROSS THE STREET. OH YEAH. THERE'S A DOLLAR PARKING LOT, UM, ADJACENT TO THE HOUSE. I STAND CORRECTED. THANK YOU. SORRY ABOUT THAT. TO YOU, YOU MENTIONED THAT THE, UH, INDIVIDUALS BOUGHT THE UNITS INDE INDEPENDENTLY. ARE, ARE THEY SET UP AS A CONDO OR A TOWN HOME? SO IT, IT IS SET UP AS A CONDO? YES. MM-HMM. ? CORRECT, BECAUSE WHEN WE INITIALLY PUT THAT ON THE MARKET, WE DIDN'T KNOW IF IT WAS GOING TO BE TWO SEPARATE INDIVIDUALS WHO BOUGHT IT, BUT ENDED UP BEING TWO FAMILY MEMBERS WHO BOUGHT IT. SO IT MADE EVERYTHING MUCH EASIER. OKAY. THANK YOU. MR. . UH, JUST FOR THE RECORD, HAS THERE BEEN ANY RECORDS OF, OF ANY COMPLAINTS OR ANYTHING FROM THE NEIGHBORS ABOUT NOISE PARKING OR ANY OTHER? OH, NO. NOT AT ALL. NUISANCE? MM-HMM. OKAY. THANK YOU. YES, IT IS. I MEAN, I, IT'S, THAT'S SUCH A BEAU BEAUTIFUL PIECE OF PROPERTY SITTING WHERE IT IS, IT MEANS BASICALLY IN A COMMERCIAL SURROUNDED BY COMMERCIAL. ALL RIGHT. UM, SO WE'RE JUST DEALING WITH THE S T R ASPECT OF THIS. UM, ANY ADDITIONAL QUESTIONS WE HAVE? ANY WITNESSES ON THIS CASE? THERE'S NOBODY SIGNED UP TO SPEAK. ALRIGHT, VERY GOOD. UH, I CAN'T THINK OF ANY ADDITIONAL QUESTIONS. OH, I'M GOING TO CLOSE THE PUBLIC PORTION OF THIS AND ENTERTAIN A, A, UH, MOTION ORIAN. THANK YOU. REGARDING CASE NUMBER BO O A DASH 20 DASH 1 0 3 0 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL SITUATED 3 2 6 LEXINGTON AVENUE, UNIT 1 0 1 APPLICANT BEING STEVE MARKHAM. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. THE SUBJECT PROPERTY APPEARS TO BE WELL KEPT AND RECENTLY RENOVATED. THERE'S NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE A TOTAL OF TWO RESIDENTIAL UNITS ON THIS BLOCK FACE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS. REGA RESULTING IN 100% OF THE BLOCK FACE WITH NO SINGLE FAMILY RE RESIDENCE IS DIRECTLY ABUTTING THE PROPERTY. A PUBLIC PUBLIC NUISANCE DOES NOT SEEM LIKELY TO BE CREATED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF A VACANT RE RESIDENTIAL STRUCTURE AND A LAW OFFICE, NEITHER OF WHICH SEEM LIKELY TO BE SUBSTANTIALLY INJURED BY THE PROPOSED USE OF A TYPE TWO SHORT-TERM RENTAL. D ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE BOARD FINDS THAT THE SUBJECT PROPERTY TO PROVIDE OFFS, STREET PARKING, IT APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THIS SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT CURRENTLY HAS ONE SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY HISTORY OF REVOCATION CITATIONS. CONVICTIONS FOR VIOLATIONS OF CHAPTER 16 F A SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SUBJECT PROPERTY IS LOCATED DOWNTOWN AND SURROUNDED BY A MIXTURE OF COMMERCIAL, RESIDENTIAL, AND OFFICE USES. BUT THE PROPERTY OWNER PROVIDED ALL STREET PARKING PER UNIT. THE SPECIAL EXCEPTIONS IS, DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION. END OF MOTION. DO WE HAVE A SECOND MR. UNA? OKAY. MR. ORIAN, PLEASE START THE DISCUSSION. SURE. UH, MY MAIN CONCERN WAS, WAS PARKING, BUT THAT WAS ANSWERED, UH, BY, UM, THE, UM, THE INFORMATION THAT THERE'S A LOT ACROSS THE STREET. IF WHAT THEY HAVE CURRENTLY IS NOT ADEQUATE IN THE NEAR FUTURE, I AM GONNA BE IN FULL SUPPORT OF THIS APPLICATION. MR. NU WOULD LIKE TO SAY SOMETHING. I'M IN SUPPORT TOO. I MEAN, THE, THE NOTION OF, OF THE, UM, SHORT TERM RENTAL WAS THAT IT KIND OF IMPACTS THE FABRIC OF THE NEIGHBORHOOD. I DON'T THINK THAT'S THE, THE CASE HERE WITH THE DUPLEXES AND THE SURROUNDING NEIGHBORHOOD. AGAIN, THE PARKING IS ADDRESSED AND NO NEW, NEW [01:00:01] NUISANCES HERE. SO I SUPPORT THE MOTION. AND ANYONE ELSE WANNA MAKE A STATEMENT? RAGMAN RAGMAN? UH, YEAH. LOOKING AT THE SURROUNDING BUSINESSES, THERE'S LAW OFFICES, THERE'S COMMERCIAL PROPERTIES. I AGREE. THIS DOESN'T IMPACT THE, THE NATURE OF THE, UM, NEIGHBORHOODS. SO I'LL BE IN SUPPORT OF THE MOTION AS WELL. ANYONE ELSE THAT BE THE CASE THEN? UH, LET'S GO AHEAD AND TAKE A ROLL. VOTE COUNT. MR. DORIAN. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. I CONCUR. MR. TEO. I CONCUR. DR. ELLI I CONCUR. MS. BRAGMAN I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. BRITTON? YES. MS. ENGLERT? I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. RAVINO? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION PASSES UNANIMOUSLY. AND, UH, SO LET'S, UH, GOOD LUCK WITH YOUR, IT'S JUST AMAZING TO ME A HOUSE LIKE THAT, SITTING AS RESIDENTIAL SITTING THERE ALL BY ITSELF. YES. VERY GOOD. UH, THANK YOU VERY MUCH. AND, UH, WE'RE FLYING ALONG. LET'S KEEP ON FLYING THI MR. MR. THIEL. I NEED TO RECUSE MYSELF ON THIS CASE. ALRIGHT. HAS PAPERWORK BEEN PERFORMED ON THIS? IT WILL BE ONCE HE RECUSES. SO, MR. HANNO, COULD YOU COME UP? MR. KEANO, CAN YOU PLEASE STEP FORWARD AND TAKE MR. TAYLOR TEAL'S PLACE? OH, I LIKE IT. I, I LIKE IT WHEN WE HAVE ENOUGH PEOPLE. YEAH, I'M SORRY. [4. 20-2292 BOA-20-10300020: A request by Raymond Gonzales for a special exception to allow one (1) Type 2 short term rental unit, located at 221 Ira Avenue. Staff recommends Denial. (Council District 2) (Kayla Leal, Senior Planner (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)] I BELIEVE WE CAN GO AHEAD AND START. ALL RIGHTY. AGENDA ITEM NUMBER FOUR IS CASE BO O A DASH 20 DASH 1 0 3 20. UH, THE SUBJECT PROPERTY IS LOCATED AT 2 21 IRA AVENUE. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL UNIT. THE ZONING OF THE PROPERTY IS MF 33, UM, MULTIFAMILY DISTRICT, AND IT IS LOCATED IN THE MANKEY PARK NEIGHBORHOOD CONSERVATION DISTRICT. HERE IS THE SUBJECT PROPERTY PARKING AVAILABLE FOR THAT PROPERTY SURROUNDING AREA. HERE ARE, UM, SOME ISSUED SHORT-TERM RENTAL PERMITS IN THE VICINITY. UM, AGAIN, THE SUBJECT PROPERTY IS, IS, UH, OUTLINED IN RED. SUBJECT PROPERTY IS LOCATED ON THE CORNER OF IRA AVENUE AND WESLEY PLACE. UM, THIS IS A SHORT DISTANCE AWAY FROM BROADWAY STREET. THE GENERAL VICINITY IS ZONED MULTIFAMILY, UM, DISTRICT, AND THERE IS A MIXTURE OF DENSITY IN THE AREA. UM, THERE'S SINGLE FAMILY HOMES, THERE'S SOME DUPLEXES, UM, A TRIPLEX BEHIND THE PROPERTY AND SOME APARTMENTS NEARBY. UM, THE SUBJECT PROPERTY DOES HAVE THAT EXISTING DUPLEX, UM, ON THE, ON THE PROPERTY, AND THE APPLICANT DOES PLAN ON ON RENOVATING IT. THE APPLICANT DOES CURRENTLY HOLD ONE SHORT-TERM RENTAL PERMIT. UH, HE IS HERE TO GET THE S SPECIAL EXCEPTION FOR THE SECOND ONE. HERE IS THE SITE PLAN SHOWING BOTH UNITS THAT RECOMMENDS DENIAL OF THE SPECIAL EXCEPTION IN BO O A 20 DASH 1 0 3 2. BASED ON THE FOLLOWING, FINDING OF FACT, WHICH IS THE SUBJECT PROPERTY CURRENTLY HOLDS ONE ACTIVE TYPE TWO SHORT-TERM RENTAL PERMIT, WHICH IS GRANTED FEBRUARY 4TH THIS YEAR. THEFT DID MAIL 26 NOTICES TO PROPERTY OWNERS WITHIN 200 FEET. UH, NONE WILL RETURN IN FAVOR TO RETURN IN OPPOSITION, AND I DO NOT GET A RESPONSE FROM THE MINKE PARK NEIGHBORHOOD ASSOCIATION. [01:05:02] I'M AVAILABLE FOR ANY QUESTIONS, ANNA. OH, UH, OKAY. UH, COULD YOU RETURN BACK TO THE ONE PAGE THAT SHOWED, UH, THE EXISTING STR THAT ARE IN THE AREA? SO THE PROPERTY THAT'S, UH, IF, IF I'M SEEING THIS CORRECTLY, AND THE LAST PAGE YOU SHOWED, SO THE PROPERTY THAT'S, I GUESS BEHIND THAT PROPERTY IS, IS ONE OF THE ONES THAT SAID NO. OR IN OPPOSITION. SO THE EXISTING S T R THAT'S THERE, IS THAT CORRECT? UH, RIGHT. SWITCH BACK TO THAT ONE REAL QUICK. THANK YOU. ALRIGHT, DO WE HAVE ANY OTHER QUESTIONS FOR STAFF? ORIAN, UH, WHEN GOING DOWN IRA AVENUE ON GOOGLE MAPS, IT APPEARS THAT THERE'S A NUMBER OF, UM, OF DUPLEX TYPE UNITS. UH, DO YOU HAVE A, DID YOU, COULD YOU ASCERTAIN A, A A UNIT COUNT, UH, WHEN YOU'RE DOING THE 12.5% USING BCA DATA OR SOMETHING? YEAH. SO I NOTICED ONE DUPLEX ON THAT BLOCK FACE, WHICH IS THAT SAME SIDE OF THE STREET FROM THE INTERSECTION. INTERSECTION, UM, THAT DID RESULT IN EIGHT TOTAL UNITS. YEAH, I MEAN, I, I I THINK THERE MIGHT BE TWO AND THE ONE ON THE CORNER OF IRA AND, AND MARGARETT SEEMS VERY SIZABLE. UH, I WOULD, THAT'S THE ONE I WAS INTERESTED IN THAT WOULD 'CAUSE IT'S GETTING IT CLOSER AND CLOSER TO THAT WORD, THE POINT WHERE YOU ROUND IT UP. THAT'S WHY I WAS WONDERING. SO, BUT YOU, YOU'RE THINKING EIGHT EIGHT TOTAL? MM-HMM. , THANK YOU. MM-HMM. . ALRIGHT. UH, THAT'S ALL THE QUESTIONS FOR STAFF. LET'S BRING THE APPLICANT FORWARD. SIR, WE'RE GONNA NEED YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU PROCEED WITH THE CASE. YES. THANK YOU. MY NAME IS RAY GONZALEZ AT 4 3 0 2 REDCAP DRIVE, SAN ANTONIO, TEXAS 7 8 2 2 2. UM, THANK YOU ALL FOR HEARING ME TODAY. SO, JUST WANTED TO GIVE Y'ALL A LITTLE BIT OF BACKGROUND HOW I OBTAINED THIS PROPERTY AND, AND MY THOUGHT PROCESS ON GETTING HERE TO THIS PODIUM. UM, SO I WAS HELPING THE ORIGINAL OWNER OF THE PROPERTY MOVE OUT. HE'S AN ELDERLY GENTLEMAN AND HE, UH, YOU KNOW, WAS LIVING THERE BY HIMSELF AND HE WANTED TO MOVE CLOSER TO HIS DAUGHTER. SO, UH, WE HELPED HIM GET INTO A NEW HOUSE AND I TOLD HIM THAT I'D BUY THE HOUSE FROM HIM. SO I DID. I PURCHASED THE HOUSE FROM HIM IN DECEMBER. UM, I SAW IT, I LOVED IT. UM, YOU KNOW, AT FIRST I WAS THINKING I'D LIKE TO, UH, RENOVATE IT AND TURN IT INTO A, A SINGLE FAMILY HOME AND MAYBE ADD SOME SQUARE FOOTAGE, BUT, UH, YOU KNOW, DUE TO COST CONSTRAINTS AND THE AMOUNT OF MONEY THAT I ALREADY HAD PURCHASED THE HOUSE FOR, I THOUGHT IT WOULD BE WISER FOR ME JUST TO KEEP IT AS IS AND GIVE IT A REALLY NICE FACELIFT. UH, SO KEEPING IT A DUPLEX AND, UM, YOU KNOW, UH, PUTTING NEW FLOORING, NEW PAINT. UH, IT JUST RECENTLY HAD A NEW ROOF PUT ON IT IN 2017 BECAUSE OF THE HELL STORM STORM. SO, UH, I THOUGHT JUST GOING IN, UH, YOU KNOW, RENOVATING THE HOUSE, UH, RENOVATING THE DUPLEX, UH, GIVING IT A FACELIFT, UH, PUTTING NEW, UH, FIXTURES THROUGHOUT, NEW FLOORING, NEW PAINT, LIKE I WAS SAYING, AND THEN FURNISHING IT. UM, I WANTED TO DO A S T R, UH, JUST BECAUSE OF ITS PROXIMITY TO, UH, DOWNTOWN AND BECAUSE I THOUGHT IT WOULD REALLY HELP THE COMMUNITY, UH, GIVE OUR TOURIST OPTIONS WHEN THEY COME VISIT OUR CITY, UH, BECAUSE IT'S SO CLOSE TO THE COLLEGES AND BECAUSE IT'S SO CLOSE TO DOWNTOWN AND ALL OF THAT GOOD STUFF. SO I WENT AHEAD AND I APPLIED FOR THE APPLICATION. UH, AND AGAIN, THIS IS MY FIRST TIME DOING THIS, SO I WENT AHEAD AND I, I TOOK THE STEPS AND I APPLIED FOR THE APPLICATION. UH, I WAS IMMEDIATELY GRANTED THE, UM, S T R PERMIT FOR THE FIRST UNIT, AND THEN, UM, I WAS INFORMED THAT I NEEDED TO APPLY FOR A VARIANCE BECAUSE THERE WEREN'T ENOUGH DUPLEXES ON THE BLOCK, I BELIEVE. AND SO I WENT AHEAD AND I DID THAT. AND THEN I GOT A CALL THIS MORNING SAYING, HEY, WE'RE HAVING A MEETING ABOUT IT. COME ON BY. AND HERE I AM. VERY GOOD. UM, FIRST PART I WANNA ASK YOU IS, IS ON THIS, UH, IS THIS HOUSE SPLIT LENGTHWISE OR WIDTHWISE OR, IT'S DOWN THE MIDDLE. SO EACH SIDE HAS ONE BEDROOM, ONE BATH, ONE LIVING ROOM, ONE KITCHEN. AND ON THIS, ON THIS PARTICULAR STREET, DO YOU KNOW WHAT THE, UM, ARE THEY ALL SINGLE FAMILY HOMES OR ARE THERE A LOT OF DUPLEXES OR WHAT'S, THAT'S A GREAT QUESTION. SO YOU, UH, THE, THE, THE NEIGHBOR TO IRA, UM, ON THE, IF YOU'RE FACING THE HOUSE, THE NEIGHBOR TO THE LEFT IS A SINGLE FAMILY HOME. AND THEN AFTER THAT, I [01:10:01] BELIEVE IT'S ANOTHER SINGLE FAMILY HOME. AND THEN DUPLEX, DUPLEX, THE NEXT BLOCK OVER, UH, QUAD. NEXT, NEXT IS A, I THINK ACROSS THE STREET THERE'S LIKE A, ANOTHER QUAD, AND THEN, UH, RIGHT BY THE VERIZON BUILDING, THERE'S LIKE A, A TRIPLEX THERE. SO YEAH, I MEAN, IF Y'ALL CAN, YOU CAN SEE THERE'S, THERE'S ALL KINDS OF MULTI FAMS GOING ON, UP AND DOWN THE BLOCK. ALL RIGHT. DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? INGLER? YES. DID YOU WORK WITH THE NEIGHBORHOOD ASSOCIATION AT ALL WHEN YOU WERE GOING THROUGH THIS THOUGHT PROCESS ABOUT WHAT YOU WANTED TO DO WITH THIS ADDRESS? NO, MA'AM. I DIDN'T EVEN KNOW THERE WAS AN ASSOCIATION. I FOUND THAT OUT THIS MORNING AND, UH, ACCORDING OR APPARENTLY, UM, YOU KNOW, THEY, I DIDN'T HEAR ANYTHING FOR OR AGAINST FROM ANYBODY, SO I JUST PROCEEDED AND I CAME TO THE CITY AND, AND AGAIN, I'M NEW WITH THIS, I CAME TO THE CITY, GOT MY APPLICATIONS, AND JUST STARTED THE PROCESS. SO I'M JUST, I'M DOING THE BEST THAT I CAN. ALL RIGHT. DO WE HAVE ANY OTHER QUESTIONS, OZUNA, MR. MR. OZUNA? GO AHEAD. UH, SO YOU HEARD THE PRIOR DISCUSSION ABOUT PARKING. IS THERE ADEQUATE PARKING ON THIS PROPERTY, AND IS THERE STREET PARKING OR HOW DO YOU ACCOMMODATE THE, UH, UH, THE TWO TENANTS WITHIN YOUR, UH, SHORT-TERM RENTAL PROPERTY? ABSOLUTELY. THANK YOU MR. OZUNA FOR THE QUESTION. SO ACTUALLY, UM, IF YOU CAN GO BACK TO THE PICTURES OF THE PROPERTY, THERE'S A COVERED CARPORT, WHICH ALLOWS TWO CARS TO ACTUALLY PULL IN. AND THEN IF YOU WANTED TO, YOU COULD ACTUALLY PARK ANOTHER CAR BEHIND THEM. SO JUST ON WITH THAT PARKING RIGHT THERE, I THINK THAT CAN ACCOMMODATE BETWEEN TWO AND FOUR CARS. I JUST GOT MOVE THOSE TRASH CANS OUTTA THE WAY, BUT THAT GATE, THAT WHOLE GATE RIGHT THERE OPENS ALL THE WAY UP. AND THEN BEING THAT IRA IS ON THE CORNER OF IRA AND WESLEY, IF THEY NEEDED SOME ON THE STREET PARKING, I MEAN, THERE'S PLENTY OF ON THE STREET PARKING THERE AS WELL. SO YOU'VE OPERATED THE SHORT-TERM RENTAL ON THE OPPOSITE UNIT FOR A WHILE. HAS THERE BEEN ANY COMPLAINTS OR ANY NUISANCE COMPLAINTS OR ANYTHING FROM NEIGHBORS OR N NO, SIR. I, I ACTUALLY, SO THIS, AS YOU CAN TELL FROM THE PICTURES, THIS, THIS HOUSE IS IN NEED OF SOME T L C. SO BEFORE I'D, YOU KNOW, PUT A PRODUCT OUT THERE AND, AND HAVE PEOPLE COME LOOK AT IT AND, AND LIVE IN IT, EVEN SHORT TERM. UH, I, I PLAN ON GIVING IT A REALLY NICE FACELIFT. SAW YOUR NEIGHBOR BEHIND TO POST THE SHORT-TERM RENTAL. DO YOU HAVE ANY COMMUNICATION WITH THAT NEIGHBOR, OR, THAT'S A GREAT QUESTION. SO I, I WAS ACTUALLY, UH, WHEN I WAS HELPING THE ORIGINAL OWNER MOVE AND LOADING HIS STUFF UP ON THE TRUCK, IT LOOKS LIKE THE FOLKS THAT LIVE RIGHT BEHIND THE HOUSE WERE, WERE, UH, JUST MOVING IN. AND IT, IT LOOKED LIKE FROM, I, I WASN'T EAVESDROPPING, BUT FROM WHAT I COULD HEAR, IT LOOKED LIKE THEY WERE PROBABLY GONNA BE DOING SOMETHING SIMILAR. YOU KNOW, I I, I'M NOT A HUNDRED PERCENT SURE WE WERE MOVING BOXES AND WHAT HAVE YOU, BUT I HAVEN'T PERSONALLY HAD ANY COMMUNICATION WITH THEM. BUT I, I WAS THERE AND WHEN, WHEN THEY WERE THERE, AND I, I COULD HEAR THEM TALKING MANNA. SO, UM, SO IS THE OTHER PROPERTY IS CURRENTLY NOT HABITABLE, SO IT'S STILL BEING MODIFIED OR STILL BEING, UH, I GUESS RENOVATED? IT? IT'S, IT'S HABITABLE. OKAY. I MEAN, THE GENTLEMAN THAT LIVED THERE BEFORE, HE HAD LIVED THERE AT LEAST 10 YEARS, YOU KNOW, IT JUST, IT NEEDS NEW PAINT. UH, IT, IT NEEDS SOME, UH, IT NEEDS SOME NEW, UH, TEXTURE, YOU KNOW, IT, IT NEEDS, UH, THERE'S CRACKS IN THE SHEET ROCK FROM SOME FOUNDATION ISSUES. I PROBABLY NEED TO GET A COUPLE OF PIERS, UH, FIXED. BUT I, I PLAN ON, AGAIN, DOING ALL THAT STUFF LATER THIS MONTH TO MAKE IT LOOK GOOD. SO HAS THERE BEEN ANY ATTEMPT OR ANY NOTIFICATION OUT THERE TO TRY TO ACTUAL RENT, RENT OUT THE PROPERTY FOR, FOR LONG-TERM RENTAL AT ALL? OR YOU WERE, YOU MOVED STRAIGHT TO, UH, THE S D R DIALOGUE? I, I WENT STRAIGHT TO THE SS T R, UM, JUST BECAUSE OF THE LOCATION AND BECAUSE I'VE BEEN ACTUALLY WANTING TO, UH, GET INTO THAT BUSINESS FOR A WHILE. I WAS JUST WAITING FOR THE RIGHT OPPORTUNITY. SO, SO ARE YOU AWARE OF ANY OF THE OTHER PROPERTIES THAT ARE, ARE, IS THERE, ARE THERE ANY OTHER PROPERTIES THAT YOU'RE AWARE OF THERE AROUND IN THAT NEIGHBORHOOD THAT ARE HAVING PROBLEMS? UM, ACTUALLY DOING RENT LONG-TERM RENTALS. SO I HAVEN'T HEARD OF ANY, NO, SIR. SO, YOU KNOW, 'CAUSE PART OF THE DIALOGUE IS THAT THAT PRESERVATION OF THE NEIGHBORHOOD ITSELF RIGHT. AND, AND NOT REALLY GOING THROUGH ALL THE SDRS. AND SO THAT'S KIND OF WORKING CONTRARY WHY THEY PUT THE KIND OF THE, THE, THE, UH, THE DIALOGUE IN PLACE. AND SO, UM, SO AND SO BY THE NUMBER OF UNITS IN A PARTICULAR BLOCK. AND THAT'S KIND OF HOW IT WEIGHS OUT. SO YOU ASK WHY IT WAS, AND SO REALLY IT'S BY THE NUMBER OF UNITS ON A GIVEN BLOCK FACE. AND SO YOU'RE, SO YOU'RE GOING BEYOND THAT WITH THIS REQUEST, AND SO THAT'S KIND OF WHY, WHY YOU'RE HERE. SO, YES, SIR. OKAY. THANK YOU. ORIAN. GO AHEAD MS. ORIAN. SO IS THERE ANY, UH, CONTRACTUAL OBLIGATION FOR THE, FOR THE COVERED [01:15:01] PARKING NEXT TO THE PINK HOUSE? TO BE TIED TO THE PINK HOUSE? OR COULD IT, COULD ALL OF IT GO TOWARDS YOUR REQUEST AND HAVE THE PINK HOUSE NOT PROVIDE, OR I GUESS HAVE ONE SPACE? I DON'T KNOW HOW MANY SPACES YOU CAN FIT IN THERE, BUT I'M, I'M JUST NOT SURE I UNDERSTAND YOUR QUESTION. I DON'T THINK THAT'S HIS GARAGE, THAT THAT'S, BUT YEAH, ON THE, THE COVERED PARKING, I'M CURIOUS. 'CAUSE THE, UH, STREET V SHOWS SOME OF IT HAVE A DRIVEWAY, SOME OF IT'S DIRT, AND SINCE A STRUCTURE IS SUPPOSED TO HAVE ONE PARKING SPACE, IT, I WOULD, I'M JUST WONDERING IF PART OF THAT COVERED PARKING IS REALLY, UH, TIED TO THE, TO THE HOME BEHIND YOU? WELL, IT'S, IT'S SEPARATED BY THE, BY THE SHRUBS. WELL, I WELL, I KNOW, BUT I'M, I'M JUST CURIOUS TO KNOW, WAS IT, IT JUST SEEMS LIKE IT, IT, I'M JUST ASKING YOU, IS THERE SOME SORT OF A WRITTEN OBLIGATION TO HAVE ANY OF THIS PARKING THAT YOU HAVE HERE IN ANY WAY EVER BE USED FOR THAT PINK HOUSE? NO, SIR. NOT AT ALL. BUT THE PINK HOUSE HAS NO PARKING. UM, I, I DON'T KNOW IF THEY CAN PARK ON THE OTHER SIDE OR IF THEY PARK ON THE STREET. I KNOW WHEN, WHEN I'M ASKING. 'CAUSE YOU OWN THAT HOUSE TOO, RIGHT? NO, I DON'T OWN THE PINK HOUSE. OH, I'M SORRY. I I, I, I THOUGHT I SAW IN THE COMMENTARY FROM ONE OF THE, UH, NEIGHBORS THAT THEY IMPLIED THAT YOU ALSO OWN THAT HOME AS WELL. THAT'S, THAT'S WHERE I WAS, THAT, OH, NO, SIR. YEAH, NO, I, I'M, I WAS LIKE, I DON'T, I'M NOT SURE . OKAY. I, I'M SORRY. I, I'M FROM JUST READING ONE OF THE COMMENTS THAT I GOT THE IMPRESSION THAT YOU DID OWN THAT. I'M SORRY. NO, NO WORRIES. THANK YOU, SIR. OTHER QUESTIONS YOU THINK OF? ARE THERE ANY WITNESSES ON THIS PARTICULAR CASE? NO, SIR. THERE'S NOBODY SIGNED UP TO SPEAK. NO ONE SIGNED UP TO SPEAK. OKAY. WELL, I'M GONNA GO AHEAD AND CLOSE THIS TO THE PUBLIC AND, UM, PLEASE HAVE A SEAT. AND, UH, WHAT ENTERTAIN A MOTION, LIKE, LIKE TO MAKE A MOTION? OKAY, MR. ZIN, REGARDING CASE NUMBER BO A DASH 20 DASH 0 3 2 0, I MOVE THAT THE BOARD OF ADJUST ADJUSTMENTS GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT 2 21 IRA AVENUE, APPLICANT BEING RAYMOND GONZALEZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, A SPEC SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH AND SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE. UH, THERE IS NOTHING OBVIOUS THAT WOULD DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY. B, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE A TOTAL OF EIGHT RESIDENTIAL UNITS AND THIS BLOCK FACE AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF TWO TYPE TWO SHORT-TERM RENTALS, UH, RESULTING IN 25% OF THE BLOCK FACE, A PUBLIC ANCE DOES NOT SEEM LIKELY TO BE CREATED. ADDITIONALLY, THERE WAS AN OPPORTUNITY FOR ANY, UH, UH, PROPERTY OWNERS, UH, TO BE BEFORE THE BOARD TO, UM, PRO PROVIDE TESTIMONY OF ANY NUISANCE, AND THERE WAS NO TESTIMONY THAT THERE WAS ANY ISSUES WITH THAT. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY RESIDENTIAL USES, WHICH DO NOT SEEM LIKELY TO BE SUBSTANTIALLY INJURED BY THE PROPOSED USE OF A TYPE TWO SHORT-TERM RENTAL, DE ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACILITIES HAVE BEEN OR ARE BEING PROVIDED. THE BOARD FINDS ITS SUBJECT PROPERTY TO PROVIDE ALL STREET PARKING, APPEARS TO HAVE ADEQUATE UTILITIES ACCESS AND OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTIONS, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 23 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT CURRENTLY HAS ONE SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16. AFTER THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND THE LOCATION IN WHICH THE PROPERTY FOR WHICH A SPECIAL EXCEPTION IS SOUGHT. SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO BROADWAY STREET, UH, WITH THE PROPERTY OWNER PROVIDING OFF STREET PARKING PER UNIT. THIS SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION AND OF MOTION. THANK AMANDA, DID YOU MAKE THE SECOND OKAY? I DID, BUT SOMEONE ELSE DID TOO, SO, BUT I CAN MAKE IT. ALL RIGHT. LET'S, UH, UM, ANDREW, WILL YOU START DISCUSSION? RIGHT. SO I'M GONNA SUPPORT THE MOTION. THIS IS SIMILAR TO THE PREVIOUS, UH, UH, VARIANCE THAT WE, WE HAD PRESENTED BEFORE US. UH, THE, THE, THE FABRIC OF THE NEIGHBORHOOD, I BELIEVE WOULD NOT BE IMPACTED BY THIS. UH, SECOND, UH, SHORT-TERM RENTAL. UH, THERE'S ADEQUATE PARKING ON SITE, THERE'S ADEQUATE PARKING ON THE STREET. [01:20:01] IT'S WELL WITHIN A KIND OF A, UH, COMMERCIAL USE TOWARDS BROADWAY. AND THERE'S ADJOINING DUPLEXES, FOURPLEXES AND MULTIFAMILY, UH, TYPE PROPERTIES IN THE AREA. AND I THINK IT DOES PROVIDE AN OPPORTUNITY FOR A TOURIST. UM, AND, UH, THOSE VA PEOPLE VACATIONING OR, OR, UH, VISITING SAN ANTONIO TO HAVE SOME KIND OF OPTIONS IS WHERE THEY WANT TO, UH, STAY DURING THEIR VISIT. AND I THINK IT PROVIDES A UNIQUE OPPORTUNITY FOR SOMEONE, UH, WITHIN THIS NEIGHBORHOOD. SO I'M SUPPORTING THE MOTION. ALL RIGHT. UH, MR. MANNA. SO I'M ACTUALLY GONNA BE IN OPPOSITION OF THIS AND FOR A COUPLE OF REASONS. AND ONE IS THAT THERE DOES APPEAR TO BE A NUMBER OF SDRS ALREADY IN THIS COMMUNITY. AND, UM, AND SO ALSO IN THE, IN THE BLOCK BEHIND IT. AND ALSO, I REALLY DIDN'T HEAR A CAP COMPELL REASON TO DRIVE, UH, WHY THE S T R WAS GONNA BE SOUGHT VERSUS, YOU KNOW, ACTUALLY TRYING TO DO THE RENTALS. AND I THINK WE STILL HAVE LOTS OF FIRM RENTALS IN OUR COMMUNITIES, SO I WILL BE IN OPPOSITION. ANYONE ELSE LIKE TO MAKE ORIAN? MR. ORIAN? UH, WHEN I LOOK AT THESE, I, I HAVE A TENDENCY TO, TO, TO CONCENTRATE ON THE PROVISION OF PARKING AND HOW IT WOULD IMPACT THE NEIGHBORS. THIS LOT IS, UH, FROM THE AERIAL SEEMS TO BE THE SMALLEST LOT, UH, ON THE ENTIRE BLOCK AND ON THE BLOCK PHASE, THE, THE SIZE OF THE UNITS IN QUESTION, HAVING ONLY ONE BEDROOM MEANS THAT IT'S NOT GONNA BE A, A LARGE NUMBER OF PEOPLE POTENTIALLY THERE, WHICH IS WHICH, WHICH HELPS ME MAKE MY DECISION. AND IT SEEMS LIKE THE BIGGEST, UM, OPPOSITION IS COMING FROM HIS, HIS POTENTIAL COMPETITOR BEHIND HIM. SO SINCE HE HAS PARKING ON SITE, HE CAN PARK ON IRA. AND DUE TO THE COMPLETE SIZE, I'M GONNA, I'M GONNA GO AHEAD AND SUPPORT THIS ONE. VERY GOOD. ANYONE ELSE LIKE TO MAKE COMMENT ELLI DR. ZARE, PLEASE. SO I WILL NOT BE IN SUPPORT OF THIS MOTION. UM, I, I REALLY, THIS HAS TO DO WITH THIS DUPLEX BEING IN A NEIGHBORHOOD. UM, WE DO SEE LOTS OF, OR ENOUGH S OR STR IN THE, IN THE AREA. AND HE HAS BEEN GIVEN ONE BY WRIGHT, AND I THINK THAT T R ORDINANCE WAS WRITTEN WITH, UM, SOME THOUGHT GIVEN TO IT. AND I'M NOT, I'M NOT SEEING A COMPELLING REASON TO MAKE AN EXCEPTION TO THAT ORDINANCE AT THIS MOMENT. ALRIGHT, IS ANYONE ELSE OKAY, NONE BEING THE CASE. LET'S, UH, GO AHEAD AND TAKE THE COUNT. MR. CHOSEN? YES, I CONCUR. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. KEANU. NO, I DO NOT CONCUR. DR. ZO, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. NO, I DO NOT CONCUR. MR. ORIAN? YES. MR. BRITTON? YES. MS. ENGLER? YES. MR. VINNO? NO, I DO NOT CONCUR. MR. MARTINEZ? YES, I CONCUR. HOWEVER, THE MOTION DOES NOT HAVE SUFFICIENT VOTES TO PASS. UH, IS THERE ANY RECONSIDERATION BY ANYONE? ALRIGHT, THAT BEING THE CASE, THAT'S THE OFFICIAL VOTE. THEN, UH, WE'LL HAVE TO, UH, ADVISE THEM TO GET TOGETHER ON THIS WITH STAFF. AND [5. 20-2227 BOA-20-10300006: A request by Magaly Fernandez Cera for 1) a special exception to allow a solid screen fence to be 6’ tall within the front property and 2) a variance from the Clear Vision standards to allow a fence to be within the Clear Vision field, located at 223 Zabra Drive. Staff recommends Denial. (Council District 4) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)] LET'S GO ON TO THE NEXT CASE FOR BO O A 21 0 3 0 0 0 0 6 ADDRESS BEING 2, 2 3. ZEBRA DRIVE. APPLICANT MAGLEY FERNANDEZ HOLD NEED TO GET OUR DOCUMENTATION IN ORDER. NO PROBLEM BY, BY THE WAY. UH, I'M, I GUESS I'M SUPPOSED TO TELL YOU THE TIME. IT'S TWO MINUTES. IT'S TWO AND, UH, TWO 30, I BELIEVE WE'RE ON A REQUEST FOR ONE, A SPECIAL EXCEPTION TO ALLOW A SOLID SCREEN FENCE TO BE SIX FEET TALL WITHIN THE FRONT PROPERTY. AND TWO, A VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW A FENCE TO BE WITHIN THE CLEAR VISION FIELD. ZONING IS RESIDENTIAL. A SUMMARY. THE APPLICANT IS REQUESTING TO KEEP A SIX FOOT TALL SOLID SCREEN FENCE WITHIN THE FRONT YARD, ALONG THE SIDE, PROPERTY LINES ON BOTH THE EAST AND WEST SIDES. THE FENCE DOES VIOLATE CLEAR VISION AS BUILT WITHIN THE FRONT PROPERTY LINE. A RESIDENTIAL FENCE PERMIT WAS APPROVED ON APRIL 19TH, 2018 FOR A SIX FOOT WOOD PRIVACY ALONG THE REAR AND SIDE PROPERTY LINES BEHIND THE FRONT FACADE OF THE PRIMARY RESIDENCE AND A THREE FOOT WOOD PRIVACY FENCE ALONG [01:25:01] THE FRONT PROPERTY LINES IN FRONT FACADE OF THE PRIMARY RESIDENCE DURING SITE VISITS. STAFF NOTED THAT THERE ARE NO FENCES OF SIMILAR DESIGN PLACEMENT LOCATED ON ZABAR STREET BETWEEN ROSCOE AND RAL DRIVE. THIS IS THE SUBJECT PROPERTY LOOKING AT THE FRONT FACADE, AND THIS IS ONE SIDE OF THE FENCE AND THE OTHER SIDE. THIS IS THE NEIGHBORING PROPERTY, A NEW SINGLE FAMILY DEVELOPMENT. THIS IS THE FENCE HEIGHT AND CLEAR VISION MEASUREMENT ON BOTH SIDES. LAB STREET THAT RECOMMENDS DENIAL OF THE SPECIAL EXCEPTION AND VARIANCE IN BO O A 2 1 3 6. BASED ON FOLLOWING FINDINGS OF FACT, NUMBER ONE, THE CONSTRUCTIVE FENCE IS ENTIRELY OUTTA CHARACTER WITHIN THE NEIGHBORHOOD. TWO, THE PERMITTING PROCESS WAS KNOWN TO THE APPLICANT'S BASED UPON PREVIOUSLY APPLIED FENCE IN 2018. AND THREE, CLEAR VISION STANDARDS ARE IN VIOLATION. NOTIFICATION PLAN, ZERO IN FAVOR, ZERO IN OPPOSITION. AND RAVEN MILL HILLS NEIGHBORHOOD ASSOCIATION IS IN OPPOSITION. IS THERE ANY QUESTIONS? UM, EXCUSE ME, I YOU SAY THAT CORRECT? NO, UH, CITIZENS, UM, HOMEOWNERS WITHIN THE RADIUS, OR YOU COULD SPEAK INTO THE MIC, CORRECT? ORIAN? YES, SIR. SIR, WE CAN'T HEAR YOU, SIR. UH, LET'S GO AHEAD AND, UH, ASK THE STAFF SOME QUESTIONS. YES. UM, IT'S ORIAN, UM, THE, THE PROPERTY NEXT DOOR TO THE EAST, THAT, THAT'S A SINGLE FAMILY HOME. IT IS. OKAY. IT JUST SEEMS TO HAVE AN EN ENORMOUS PARKING AREA. IS IT A THERE'S FOUR UNITS THERE, SIR. UM, IT LOOKS LIKE IT'S POSSIBLY NON-CONFORMING. UNFORTUNATELY, THEY'VE NOT APPLIED FOR NON-CONFORMING AT THIS POINT. SO WITHOUT REVIEWING IT, WE WON'T KNOW. BUT THERE ARE FOUR DOORS TO THAT BUILDING. I MEAN, BASED ON, ON ON THAT, WHETHER IT'S NON-CON, THE FACT THAT THERE'S FOUR AND, AND JUST THE WAY IT APPEARS FROM THE STREET WOULD, IS STAFF IN OPPOSITION OF THE FENCE ON THAT SIDE AS WELL? WE WOULD ON BOTH SIDES, YES. OKAY, THANK YOU. WE ALSO HAVE TRAFFIC ENGINEERING HERE AS WELL TO ANSWER ANY QUESTIONS, UH, ANY REQUESTS OF THE, OF THE BOARD HERE TO, UH, HEAR FROM TRAFFIC? I, I, I HAVE ONE MORE QUESTION. MM-HMM. , UH, THE SIX FOOT FENCE, HOW FAR AWAY IS IT? UM, FROM THE 15 FOOT CLEAR VISION ISSUE ON BOTH SIDES. ONE SIDE, IT IS AT 10 FEET, AND THE OTHER SIDE IS AT SEVEN FEET AND 10 INCHES. WHICH, WHICH IS THE ONE AT 10, THE ONE NEXT TO THE QUADPLEX, CORRECT? YES. OKAY. THANK YOU. OTHER QUESTIONS? THANK YOU VERY MUCH. LET'S BRING THE APPLICANT FORWARD. UH, YOU KNOW, WE'LL LEAD HER NAME AND ADDRESS FOR THE RECORD. OKAY. MAGALI FERNANDEZ, THREE MAG FERNANDEZ, TWO TWO THREES STREET. OKAY. NEED TO ASK HER A QUESTION. YOU, I KNOW THAT THE, THE FENCE SHOULD NOT BE AT SIX FEET. I'M JUST TRYING TO PROTECT MY PROPERTY. I, BECAUSE, UH, PROPERTY NEXT DOOR, THERE'S LIKE 11 PROPERTIES THAT THEY ACTUALLY RENT OUT. WE HAVE HAD SOME ALTERCATIONS BEFORE BECAUSE WE DON'T KNOW WHO THEY RAN OUT TO, BUT THEY SOMETIMES RAN OUT TO PEOPLE THAT CONSUME [01:30:01] MARIJUANA OR DO DRUGS, AND SOMETIMES THE POLICE HAVE EVEN COME THERE. SO THEY ACTUALLY TOOK HIM OUTTA THE CO UH, THE PROPERTY, UH, THAT THE PEOPLE THAT WERE THERE. AND WE WERE ROBBED TWICE. ALSO, BEFORE BRINGING THE FENCE ALL THE WAY TO THE FRONT. THERE WAS A LOT OF VISIBILITY THERE, BUT IT WAS NOT A VERY NICE VISIBILITY. 'CAUSE THEY DON'T, THEY DON'T RENT OUT TO NICE PEOPLE. I WOULD LIKE TO SEE IF, IF WE COULD AT LEAST KEEP THE HEIGHT THAT WE HAVE, UH, TOWARDS THAT PROPERTY, BECAUSE THIS, THIS PERSON DOES NOT RENT FOR ONE YEAR. HE RENTS THE PROPERTY FOR ONE MONTH, TWO MONTHS, ET CETERA. AND WITH THIS, I WANNA TELL YOU THAT, UH, THERE COULD BE SOME GOOD PEOPLE THAT RENT OUT THERE, GOOD REGULAR PEOPLE, BUT THERE ARE ALSO PEOPLE THAT HAVE BAD HABITS, AND WE HAVE HAD SEVERAL ALTERCATIONS BECAUSE OF THAT FACT. I, I HAVE TWO GRANDCHILDREN THAT COULD NOT GO OUT TO PLAY. THAT WAS BEFORE I BROUGHT THE FENCE ALL THE WAY TO THE FRONT. THEY COULD NOT GO OUT TO PLAY BECAUSE THEY WALK FROM MY PROPERTY TO THE OTHER SIDE TO THE FRONT IN ORDER TO GO THERE. THEY GO THROUGH MY PROPERTY IN THE FRONT. I DON'T WANT IT TO BE SIX FEET. I DON'T WANT SIX FEET IN THE FRONT. THIS, I WOULD LIKE TO KEEP IT LIKE THAT THE WAY IT IS BECAUSE OF, BECAUSE OF MY SAFETY, THE SAFETY OF MY HOUSE. UH, ON THE OTHER SIDE, WE HAVE AN ELDERLY PEOPLE LIVING, WHICH I DON'T HAVE ANY PROBLEM WITH. BUT ON THIS SIDE WE DO. AND EVER SINCE WE PUT THE, THE FENCE HIGH ON THIS SIDE, THOSE PROBLEMS WERE ELIMINATED A LOT. ALL RIGHT. DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? ORIAN, MR. ORIAN? SO TO YOUR, YOUR MAIN CONCERN IS THE PROPERTY TO THE E TO THE EAST WITH THE, UH, QUADPLEX, CORRECT? YEAH, IT'S, YES. YES, THAT ONE. AND IS YOUR PROPERTY A DUPLEX? NO. NO, NO. I'M ASKING 'CAUSE YOU HAVE TWO DRIVEWAYS. I WAS JUST WONDERING IF IT WAS TWO UNITS THERE. OKAY. NO, I JUST HAVE ONE. THIS ONE RIGHT HERE. OKAY. THAT'S ALL I WAS WONDERING. THANK YOU. ANY QUESTIONS? THE APPLICANT AND BEING THE CASE? UH, DO WE HAVE ANY WITNESSES? NO, SIR. THERE'S NOBODY SIGNED UP. NO ONE SIGNED UP. ALL RIGHT. I HAVE A QUESTION THAT I'D LIKE TO ASK HERE. I WAS NOTICING THE ORIGINAL, UM, APPLICATION THAT, UM, IT HAD REQUESTED A, A A FOUR FOOT FENCE, I THINK, ON OUR ORIGINAL PERMIT ON THE FRONT OF THE PROPERTY. IS SHE CONSIDERING, UH, BRINGING THE, A FENCE ACROSS THE FRONT? NO, NO, NO, NO. [01:35:02] WE HAVE, WE, WE BOUGHT SOME IRON FOR TO MAKE THE FENCE, BUT WE DID NOT HAVE THE MONEY TO ACTUALLY ASSEMBLE IT. BUT NO, WE DON'T HAVE THE IDEA TO DO THAT. OKAY. SO ESSENTIALLY WHAT YOU'RE ASKING FOR IS WHAT YOU HAVE. YES. ALL RIGHT. AND BUT YOU DID MENTION YOU BOUGHT THE IRON TO ENCLOSE THE FRONT, BUT YOU HAVEN'T GOT TO THAT YET, RIGHT? NO, NO, NO, NO, NO, NO. WE HAVE NOT PUT IT YET. AND WE ARE NOT THINKING OF PUTTING IT THIS YEAR EITHER, SO. OH, OKAY. LITTLE BY LITTLE WE BOUGHT THE HOUSE AND IT WAS NOT IN GOOD CONDITION, SO WE HAVE HAD TO PUT A LOT IN. OKAY. VERY GOOD. ALL RIGHT. ANY MORE QUESTIONS? UH, OR SO IT'S, BUT AT SOME POINT IN THE FUTURE, IT'S YOUR INTENT TO PUT A, A IRON FENCE ACROSS THE FRONT? NO, NO. THE THE PROBLEM HERE IS THAT, OKAY, WE, WE DON'T, WE SHOULD NOT EVEN WORRY OURSELVES WITH THIS AT THIS TIME BECAUSE EVEN IF WE ISSUE A, A VARIANCE FOR IT SHOULD HAVE ONE YEAR TO GET IT DONE, AND, AND THEN SHE'D HAVE TO COME BACK AGAIN. YEAH. MY, MY LINE OF QUESTIONING IS, IS BECAUSE THERE'S A CLEAR VISION ISSUE, IF WE, IF WE APPROVE THE CLEAR VISION, IT, IT MAKES A DIFFERENCE TO BE WHETHER THE FRONT IS GONNA HAVE A GATE AT OR IF IT OR IF IT DOESN'T HAVE A GATE. THAT'S ALL. I UNDERSTAND THAT. BUT RIGHT NOW, I THINK WHAT WE'RE DEALING WITH, WHAT SHE REQUESTED, WHICH IS THE EXISTING FENCE ON, ON BOTH SIDES, UM, IS FOR A QUESTION FOR STAFF, IF TWO YEARS FROM NOW SHE PUTS A, SHE CLOSES IT OFF WITH A GATE, DOES IT CLEAR VISION COME BACK? OR IS IT ATTACHED FOREVER? CLEAR VISION VARY. IT'S TIED TO THE PROP. SHE WANTS TO ADD AN, UM, IRON ORNAMENTAL FENCE. SHE CAN DO THAT. SHE CAN GO UP TO FIVE FEET WITH A PERMIT. SHE DOESN'T HAVE TO COME FOR A VARIANCE FOR THAT IF WE APPROVE IT. NO, NO. FIVE FOOT IS ALLOWED BY RIGHT. SPECIAL EXCEPTION IS ONLY TRIGGERED IF IT'S MORE THAN FIVE FEET. OKAY. AND CLEAR VISION IS, IS ACTUALLY TRIGGERED BECAUSE THE HEIGHT OF THE FENCE AND THE PROXIMITY, BECAUSE SHE'S ALLOWED A FENCE ON HER PROPERTY LINE, AS LONG AS IT DOES NOT EXCEED, UM, UH, FOUR FEET FOR A PARTIALLY BLOCKED FENCE. UH, THREE FEET FOR A SOLID FENCE AND FIVE FEET FOR AN IRON FENCE. IS THAT OR CLEAR? UH, 70% CLEAR. OKAY, THANK YOU. OKAY. I DON'T KNOW WHAT THAT IS. . ALL RIGHT. UM, LA LAST QUESTION HERE IS THAT I NOTICED THAT GOING TO THE FRONT, THERE ARE DIFFERENT LENGTHS. OKAY? THE ONE SIDE IS CLOSER TO THE STREET THAN THE OTHER SIDE. IS THERE, THERE WAS A REASON WHY ONE SIDE OF THE FENCE THAT YOU CAME TOWARD THE STREET IS DIS IS DIFFERENT. ACTUALLY, THE FENCE THAT I'M ACTUALLY ASKING FOR IS EVEN FURTHER IN. ALRIGHT. YEAH, IT'S FURTHER IN BECAUSE THAT'S WHERE MY HUSBAND, UH, THE OTHER ONE, THAT'S WHERE HE PUTS HIS TRUCK THAT HE USES FOR HIS WORK. AND THAT'S WHY IT'S FARTHER FROM THE, UH, SIDEWALK. OKAY. MANNA. MANNA. SO, MR. MANNA, GO AHEAD. SO A QUESTION FOR STAFF. SO AS FAR AS THE, THE, THE CLEAR VISION, SO, SO I THOUGHT I HEARD SOMETHING ABOUT IT BEING THE HEIGHT VERSUS THE, THE DISTANCE. IT IS AWAY FROM THE, THE STREET, BUT FOR CLEAR VISION, IT REQUIRES 15 FEET. AT, AT, RIGHT AT THIS POINT FOR THIS FENCE, IT'S 10 FEET AWAY. SO THERE'S A FIVE FOOT, UH, DIFFERENCE THERE. IF IT WAS AT A SOLID THREE FOOT, THAT WOULD BE OKAY, BUT AGAIN, I'VE GOT TRAFFIC ENGINEERING HERE TO ANSWER ANY SPECIFIC TECHNICAL QUESTIONS ON THAT. SO QUESTION FOR THE APPLICANT THEN. SO RIGHT NOW IT'S, UM, SO, SO YOU'VE, YOU'RE FIVE FEET ENCROACHED. AND SO DO YOU THINK MOVING IT BACK FOR THE FIVE FEET, WOULD THAT STILL PROVIDE SOME BUFFER FROM YOUR NEIGHBOR? UM, UM, WOULD THAT BE ENOUGH OR DO YOU, DO YOU NEED THE ADDITIONAL FIVE FEET? ALRIGHT. PART OF HER TESTIMONY WAS, IF YOU LISTEN VERY CAREFULLY, WAS THE REASON WHY THE FENCE IS WHERE THEY ARE AT THIS PARTICULAR TIME IS THE PROBLEMS THAT SHE WAS HAVING. AND SO THAT'S THE REASON WHY SHE APPLIED FOR THE APP FOR THE, UH, UH, CLEAR VISION EXCEPTION. AND OF COURSE THE SIX FOOT ALTERATION HAS TO DO WITH THE FRONT OF THE FENCE. SO ESSENTIALLY WHAT I BELIEVE SHE'S SAYING HERE IS THAT SHE, WHAT SHE'D LIKE TO DO IS, IS SHE WANTS TO BE ABLE TO KEEP HER SIX FOOT FENCE WHERE THEY ARE AND SHE'S NOT GONNA EXTEND THEM ANY FURTHER OR, [01:40:01] UH, SO THAT, UH, WE COULD PASS, UM, WE CAN DEAL WITH THE CLEAR VISION AND THE HEIGHT, UM, THE WAY THEY ARE. AND IF WE DO THAT, WE DON'T HAVE TO WORRY ABOUT, UH, COM. UH, OTHER ISSUES? ANY MORE QUESTIONS? ELLI? YES. SO I DO UNDERSTAND THAT SHE WANTS TO KEEP THE FENCE THAT'S, UM, FACING THE PRO THAT'S ON THE PROPERTY LINE WITH THE, THE PROBLEM DUPLEX OR QUADPLEX, WHATEVER THAT IS. BUT THE OTHER FENCE SHE DOES NOT NECESSARILY NEED OR WANT TO KEEP, UM, THE ONE THAT NEIGHBORS THE MORE ELDERLY COUPLE. YOU WOULD BE WILLING THAT ONE, SHE SAID SHE WAS WILLING TO MOVE BACK, IS THAT CORRECT, MA'AM? YES, BECAUSE WITH THAT SIDE, IT'S TWO ELDERLY PEOPLE, WHICH I DON'T HAVE ANY PROBLEM WITH. MY PROBLEM IS THE SIDE, ON THE OTHER SIDE WITH THE HOUSE THAT NEIGHBORS THE OTHER SIDE. AND I, I, AGAIN, I DON'T HAVE ANY PROBLEM WITH WHOEVER HE RENTS IT OUT TO. THE THING IS, I DON'T WANNA BE AFRAID WHILE I'M IN A, IN MY HOUSE. RIGHT, RIGHT. THANK YOU. ALRIGHT, SO I HAVE A QUESTION FOR STAFF. UH, IS, WOULD IT BE, UM, IT'D BE POSSIBLE TO DO A MOTION TO ALLOW THE SIX FOOT FENCE, THE FIRST ONE, BUT ON THE CLEAR VISION WE COULD WORD IT AS SUCH SO THAT THE EAST SIDE HAS ONE CLEAR VISION AMOUNT. THE WEST SIDE HAS A DIFFERENT TO ACCOMMODATE WHAT WE'RE TRYING TO, TO GET THROUGH HERE. YES. YOUR MOTION CAN STATE SPECIFICALLY WHICH SIDE OF THE PROPERTY. OKAY, THANK YOU. ALRIGHT, CAN WE JUST HAVE TRAFFIC, I MEAN, I'M SORRY IF YOU WOULD LIKE TO HAVE TRAFFIC COME FORWARD'S, THE CLEAR VISION TO WEIGH IN ON, ON THAT ISSUE. JUST BRIEFLY ALL THEN LET'S BRING THE, UH, TRAFFIC OFFICIAL HERE FORWARD. HEY, PLEASE HAVE A SEAT AGAIN. UM, I SHOULD HAVE INTRODUCED MYSELF EARLIER. I WAS TRYING TO BE ALL MYSTERIOUS. THAT DIDN'T WORK. UM, I'M RA RAJA, I'M, UM, THE SENIOR ENGINEER WITH THE LAND DEVELOPMENT DIVISION IN THE DEVELOPMENT SERVICES DEPARTMENT. THE QUESTION? QUESTION, YEAH. I WOULD JUST LIKE TO KNOW IF WE WERE TO, SO ONE THING THAT SEEMS TO BE COMING UP IS THAT KEEP, THAT SHE WANTS TO KEEP THE FENCE AT THE CURRENT DISTANCE FROM THE, THE STREET, UM, ON THE SIDE OF THE PROPERTY WHERE THERE'S THE MULTIFAMILY PROPERTY, BUT SHE WANT, BUT SHE'S WILLING TO MOVE BACK THE OTHER FENCE SO THAT IT'S NOT IN THE CLEAR VISION. HOW, WHAT'S THE IMPLICATIONS FOR THAT, FOR CLEAR VISION FOR THE ENTIRE? WOULD SHE BE ABLE TO SEE BETTER? I JUST KIND OF WANT YOU TO WEIGH IN ON THAT. SO, UM, WITH THE FENCE THAT'S SHOWN IN THE PHOTO RIGHT NOW TO THE EAST, STAYING THE WAY IT IS AND THE FENCE TO THE WEST BEING SET BACK, IT DOES HELP WITH THEIR DRIVEWAY MANEUVERS. WHEN THEY'RE EXITING. AGAIN, IT DEPENDS ON WHERE THEY'RE EXITING THEIR PROPERTY. SO IF THEY'RE EXITING ON THE EAST SIDE, THEN THAT FENCE BEING AT 10 FEET FROM BACK A CURB IS GOING TO BE AN ISSUE, UM, FOR THEIR PROPERTY AND THE PROPERTY TO THE EAST. NOW, UM, TYPICALLY IF IT WAS A LOCAL RESIDENTIAL STREET OR EVEN UM, LIKE A RESIDENTIAL COLLECTOR STREET OF SORTS, UM, WE WOULDN'T BE AS CONCERNED WITH IT. AGAIN, NOT GETTING INTO THE DETAILS OF HOW THAT PROPERTY'S CURRENTLY OPERATING. UM, REGARDLESS IF THERE'S ZONING, IT IS CURRENTLY OPERATING WITH THE HIGHER, HIGHER, UM, DENSITY THAN EXPECTED OF A SINGLE FAMILY SORT OF NEIGHBORHOOD. UM, AND THEN THERE'S THAT SUBDIVISION GOING ON THE SOUTH SIDE, UM, AS WELL. SO THE WAYS ABER STREET IS, UM, IT CONNECTS TO FOUR 10 ON ONE SIDE AND IT TIES INTO US 90 THROUGH ANOTHER STREET ON THE SOUTH SIDE. UM, SO WHEN WE HAVE SITUATIONS LIKE THIS WHERE THE RESIDENTIAL STREETS NOW HAVE THE POTENTIAL TO, UM, TAKE SOME OF THAT, UM, FREEWAY TRAFFIC OR HIGHWAY TRAFFIC, WE ARE MORE CONCERNED ABOUT CLEAR VISION BECAUSE THEY'RE NOT JUST NEIGHBORHOOD STREETS ANYMORE. THEY CAN CARRY TRAFFIC THAT IS OUTSIDE OF THAT NEIGHBORHOOD. SO THAT INCREASES THE RISK OF, UM, THE RISK. I I WANNA EMPHASIZE THAT PART, THE RISK OF COLLISIONS HAPPENING, UM, DUE TO CLEAR VISION ISSUES. UM, SO THAT'S WHERE OUR HESITANCE COMES FROM THAT. AND THERE'S, I UNDERSTAND THAT, THAT THE, THE RATIONALE FOR WANTING TO LEAVE THAT FENCE WHERE IT IS, BUT FROM A STAFF PERSPECTIVE, THAT'S, THAT'S HER CONCERN NOW BY CODE, UM, BECAUSE THEY HAVE MORE THAN 60 FEET OF FRONTAGE ON THEIR RESIDENTIAL PROPERTY, THEY ARE ALLOWED TO DRIVEWAYS. [01:45:01] THE ONE THING THAT COULD POTENTIALLY HELP IS NOT HAVING THAT DRIVEWAY NEXT TO THE EAST FENCE AND THEN JUST HAVING THE DRIVEWAY TO THE WEST, BUT BY CODE WE CAN'T TELL THEM TO NOT, UM, CLOSE THAT DRIVE OR TO CLOSE THAT DRIVEWAY TO THE EAST. IT'S A VERY LONG ANSWER TO YOUR QUESTION. DO YOU HAVE ANY FOLLOW UP? BUT IT WAS A VERY GOOD ANSWER, THANK YOU. OKAY, NO PROBLEM. ORIAN, UH, YOU IMPLIED THAT THERE'S A NEIGHBORHOOD GOING ON SOUTH OF THIS PROPERTY OFF ZEBRA. HAVE YOU SEEN THE INTENDED LAYOUT OF THAT SUBDIVISION? YEAH, I BELIEVE, UM, I CAN'T RECALL. I'M TRYING TO FIND OUT, ARE THEY TRYING TO PUT INTERIOR STREETS TO TRY TO LIMIT HOW MANY DRIVEWAYS WOULD BE ON ZARA OR ARE THEY GONNA HAVE A NUMBER OF DRIVEWAYS ON ZEBRA? UM, I BELIEVE, AGAIN, IT'S BEEN A, A FEW DAYS SINCE I'VE LOOKED AT THAT PLAT, BUT I THINK THERE'S AT LEAST ONE CONNECTION ON ZEBRA, UM, TO THE EAST OF THIS PROPERTY CLOSER TO, TO MASCO STREET. OKAY. BUT IT'S NOT IN, IT'S, IT'S WITHIN A LOT OR TWO OF THE EAST, UM, IN YOUR OPINION? I BELIEVE IT'S BETWEEN ONE TO THREE LOTS OF THIS PROPERTY. IT'S FAR ENOUGH, UH, OR IT'S SEPARATED ENOUGH THAT THE TURNING MOVEMENTS MAY NOT BE AN ISSUE, BUT THAT'S NOW ADDITIONAL TRAFFIC BEING ADDED ON TO ZEBRA. AND LIKE I SAID, BECAUSE OF THE WAY ZEBRA CONNECTS TO FOUR 10 AND USS 90, UM, THERE IS THAT POTENTIAL FOR NON NEIGHBORHOOD TRAFFIC ESSENTIALLY TO BE USING THAT STREET. OKAY, THANK YOU. MM-HMM. . OKAY. I HAVE ONE LAST, UH, UH, QUESTION. UH, WHICH FENCE, UH, IS THE ONE THAT'S FURTHEST FROM THE STREET ON THE, IS THAT THE EAST OR WEST END OF THE PROPERTY? SAY THAT AGAIN? WHICH OF THE FENCES? YOU SAID THERE ARE DIFFERENT DISTANCES FROM THE STREET. WHAT IS THE DISTANCE ON, ON EACH SIDE LEFT THE WEST AND EAST SIDE? YOU SAID ONE WAS 10 FEET SOMETHING ANOTHER, ANOTHER ONE WAS YES. SO THE 10 FOOT FENCE IS CLOSER TO THE, UM, PROPERTY THAT SHE HAD IN QUESTION OR THAT SHE HAD CONCERNS WITH. THE EIGHT FOOT FENCE IS ON THE OTHER SIDE THAT, UM, WITH THE OTHER COUPLE. OKAY. SO WE COULD DO THIS WITH ONE MOTION, GIVE HER RIGHTS TO A CLEAR VISION, UH, AND DO JUST THE EAST DO BOTH OF THEM WITH THE SAME DISTANCE? THEY'D HAVE TO CUT THE FENCE AND MOVE IT BACK JUST SLIGHTLY, RIGHT? YES, THAT'S CORRECT. I THINK THAT'S IN THEIR BEST INTEREST BECAUSE, UH, CLEAR VISION IS A VERY IMPORTANT THING EVEN FOR THEM. AND THAT WOULD BE MY RECOMMENDATION IS JUST DO ONE DISTANCE IF WE'RE GONNA ALLOW IT, THAT THEY JUST MAKE 'EM EVEN IT'D BENEFIT THEM AND STAFF OF THAT MEASUREMENT IS 10 FOOT ZERO OR IS THERE SOME INCHES ON THAT? NO, IT'S EXACTLY 10 FOOT. OKAY. NOW KEEP IN MIND THAT, THAT UH, DRIVEWAY ALSO, THE OTHER NEIGHBOR HAS A DRIVEWAY, UH, ADJACENT TO THAT, RIGHT? AND THAT NEIGHBOR HAS TWO DRIVEWAYS, LIKE A LOOP TOO, RIGHT? THAT IS CORRECT. OKAY, THANK YOU. RIGHT, BUT AS THE APPLICANT STATED IN HER TESTIMONY, THAT'S THE SIDE THAT SHE'S HAVING THE PROBLEMS WITH AND THAT'S ONE OF THE REASONS WHY SHE WANTED THE FENCE SO FAR FORWARD. ALRIGHT. UH, WE DON'T HAVE, WE SAID WE HAD NO WITNESSES ON THIS, CORRECT? THERE'S NOBODY, NO WITNESSES. SO I'M GONNA GO, UM, REALLY NOTHING FOR HER TO, TO REDO. I I UNDERSTAND WHAT YOU'RE SAYING. SO I'M GONNA GO AHEAD AND CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION FOR THIS. UM, ORIAN I THINK IT'D BE, AND PERSONALLY I THINK IT'S BEST TO DO ONE DISTANCE AND NOT TRY TO SPLIT IT UP SO IT CAN BE CONFUSED. AND THAT'S THE REASON WHY I WAS SUGGESTING THAT, UH, PROBABLY GO 10 FEET. YEP. UH, REGARDING CASE NUMBER, I'M GONNA DO THE, UH, SIX FOOT TALL FENCE PORTION FIRST. UH, REGARDING CASE NUMBER BO A DASH 20 DASH 1 0 3 0 0 0 0 6, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW A SOLID SCREEN FENCE TO BE SIX FOOT TALL WITHIN THE FRONT PROPERTY SITUATED AT 2 2 3 ZEBRA, APPLICANT BEING MAGALEE FERNANDEZ ADA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY YOU FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES THAT THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR A FENCE SITE MODIFICATION UP TO EIGHT FEET. THE ADDITIONAL FENCE SITE IS INTENDED TO PROVIDE SAFETY AND PRIVACY OF THE APPLICANT'S PROPERTY. IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT OF THE PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE RE REPRESENTED BY MAXIMUM FENCE HEIGHT TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. A SIX FOOT TALL SOLID SCREEN FENCE IS PROPOSED WITHIN THE FRONT PROPERTY, ALONG THE SIDE PROPERTY LINES TO PROVIDE ADDITIONAL PRIVACY FOR THE APPLICANT'S PROPERTY. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED PRIVACY FOR THE SUBJECT PROPERTY AND IS [01:50:01] HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES AS OTHER PROPERTIES WITHIN THE RESIDENTIAL NEIGHBORHOOD HAD A SIMILAR FENCES THAT PROVIDED HAND SECURITY AND SAFETY. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE FENCING DOES NOT DETRACT FROM THE CHARACTER OF THE NEIGHBORHOOD. THE FENCING IS IN LINE WITH OTHER PRE-EXISTING FENCING MATERIAL AND HEIGHT WITHIN THE IMMEDIATE VICINITY. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THIS, FOR THE SPECIFIC DISTRICT, THE CURRENT ZONING PERMITS, THE CURRENT USE AND DEMOTION. ALL RIGHT. UH, NOW REMEMBER THIS IS JUST THE, THIS IS JUST THE VARIANCE, OH, EXCUSE ME, THE SPECIAL EXCEPTION, NOT THE VARIANCE. SO DO WE HAVE A SECOND? YEAH, I SECONDED. ALRIGHT, ORIAN. YES, I'LL BE IN SUPPORT OF THIS AND, UM, SINCE IT'LL BE CONJUNCTION WITH A, A CLEAR VISION, UH, UH, VARIANCE, UH, TO FOLLOW, DOCTOR, I, I AGREE WITH MY COLLEAGUE, I'LL BE IN SUPPORT. OKAY. ANY OTHER FURTHER DISCUSSION? I HAVE SOME DISCUSSION ITEMS ON THIS, ON THIS PORTION. NOW WE'RE ONLY DEALING WITH THE HEIGHT OF THE FENCE IN THE FRONT YARD. WE'RE NOT TALKING ABOUT CLEAR VISION YET. YEAH. OKAY. SO WHAT'S YOUR QUESTION? OKAY, ANY OTHER SIX FEET? ALL RIGHT, SO LET'S GO AHEAD AND TAKE THE ROLL COUNT. MR. ORIAN. I CONCUR THE FINDINGS OF FACT, DR. ELLI, I CONCUR WITH THE FINDINGS OF FACT. MR. TEO. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MS. ENGLER? YES. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT, MS. VINO VINNO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. UH, THE MOTION PASSES, UH, FOR THE EXCEPTION ON THE HEIGHT OF THE FENCE IN THE FRONT YARD. AND, UH, SO LET'S GO AHEAD AND MOVE ON TO THE VARIANCE ON THE, UH, CLEAR VISION ISSUE REGARDING CASE NUMBER BO A DASH 20 DASH HUNDRED 3 0 0 6. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A VARIANCE FROM GRANT A FIVE FOOT VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW FENCING TO BE WITHIN, UM, 10 FEET OF THE CLEAR VISION FIELD SITUATED AT 2 2 3 ZEBRA APPLICANT BEING MAGEE FERNANDEZ SADA BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UN UNNECESSARY HARDSHIP. AND I JUST WANNA MAKE QUICK CORRECTION. IT'S, UM, TO ALLOW OFFENSE TO BE WITHIN FIVE FEET OF THE 15 FOOT CLEAR VISION FIELD, SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC IN THIS CASE, GIVEN THE FENCE PLACEMENT, THE VARIANCE TO CLEAR VISION IS NOT CONTRARY TO THE GENERAL HEALTH AND SAFETY OF PASSERBY AS VIEW IS NOT ENTIRELY OBSTRUCTED. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE REQUIREMENT TO REDUCE OFFENSE HEIGHT WOULD HAVE PLACED THE HOME SAFETY AND PRIVACY AT RISK RESULTING IN AN UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE INTENT OF THE CODE IS TO ESTABLISH COHESIVE DEVELOPMENT THAT PRESERVES THE PUBLIC INTEREST. THE REQUEST TO REDUCE A CLEAR VISION FIELD OBSERVES THE INTENT OF THE CODE AS A PROPERTY COMPLIES WITH OTHER REQUIREMENTS. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. 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. THEIR REQUESTS WILL NOT INJURE ADJACENT PROPERTIES AS THERE IS STILL ADEQUATE DISTANCE BETWEEN THE DRIVEWAY FENCE AND THE STREET. UH, AND THE STREET WILL NOT HARM OTHER MOTORISTS OR PEDESTRIANS. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN THE UNIQUE CIRCUMSTANCES, ARE 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 UNIQUE CIRCUMSTANCES EXISTING IS DUE TO THE GENERAL LAYOUT OF THE PROPERTY. THIS IS NOT THE FAULT OF THE PROPERTY OWNER AND IS NOT THE RESULT OF THE GENERAL CONDITIONS IN THE COMMUNITY AND OF MOTION. ALRIGHT. UNDER NAME IS SECOND. SECOND. WAS THAT YOU DOCTOR? YES. [01:55:01] OKAY, THANK YOU. ALL RIGHT. UH, DISCUSSION, MR. SURE. UH, I'M IN AGREES WITH THIS. I, I, I KNOW CLEAR VISION IS A, IS A BIG DEAL, BUT I THINK GIVEN HER UP TO 10 FEET FROM THE, FROM THE FACE OF FACE OF CURB IS, IS FAIR AND, UH, SEEING WHAT SHE'S, UH, WHO HER NEIGHBORS TO THE EAST ARE AND WHAT SHE'S GOING THROUGH, UM, I ALSO, UH, WILL BE IN SUPPORT AS WE'VE HEARD TESTIMONY THAT THE NEIGHBORHOOD GOING INTO THE SOUTH IS GONNA HAVE THEIR OUTLET ON ZEBRA, UH, ONE OR TWO LOTS TO THE EAST FROM THE SUBJECT PROPERTY. SO, UH, EVEN THOUGH THERE MIGHT BE A FUTURE INCREASE IN TRAFFIC FLOW, IT, THIS, THIS FENCING BEING FIVE FEET WITHIN THE 15 FOOT CLEAR VISION FIELD SHOULD NOT HAVE, UH, A, A, A BIG EFFECT ON THAT. SO I'LL BE IN SUPPORT . ALRIGHT. UH, DR. ELLI, YOU WOULD LIKE TO SAY ANYTHING? YEAH, I'LL BE IN SUPPORT FOR ESSENTIALLY THE SAME REASONS AS MY COLLEAGUE. ALL RIGHT. ANYONE ELSE? GL YES, GO AHEAD. I'M ALSO IN SUPPORT. AND MA'AM, JUST RECOGNIZING THAT NEXT DOOR, YOU HAVE HAD DEADLY CONDUCT, UM, TO YOUR NEIGHBORS THAT YOU'RE CONCERNED ABOUT. I'M, I'M SURPRISED YOU HAVEN'T WORKED FASTER AND I'M FULLY IN SUPPORT OF THIS ALSO, WHILE OUT OF CHARACTER FOR ME, I NOTICED I WENT AND LOOKED AT YOUR BEXAR COUNTY APPRAISAL DISTRICT BILL, AND YOU DO NOT HAVE A HOMESTEAD EXEMPTION. SO I HOPE SOMEONE LETS YOU KNOW THAT, THAT YOU'RE ENTITLED TO A HOMESTEAD EXEMPTION, WHICH WOULD REDUCE YOUR ANNUAL PROPERTY TAX BILL, WHICH YOU'RE CERTAINLY ENTITLED TO AS WELL. WILL SOMEBODY IN THE CITY STAFF PLEASE EXPLAIN THAT TO HER? WELL, WE ACTUALLY DON'T OFFER LEGAL ADVICE, BUT, UH, IT'S AN INTERESTING POINT. SO, UM, ASK, WELL, YOU JUST DID. SO THE, UH, WE'RE GOING TO LEAVE IT AT THAT AND, UH, ANYONE ELSE WANNA MAKE COMMENT THEN LET'S GO AHEAD AND TAKE THE ROLL COUNT. DO MS. DORIAN, UH, I I CONCUR WITH THE FINDINGS OF FACT DOCTORS ELLI. I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. BRITTON? YES. MR. OZUNA? YES, I CONCUR. MS. ENGLER? YES. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VINNO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ, I CONCUR WITH THE FINDINGS OF FACT MOTION PASSES AND GOOD LUCK AND, UH, FOR THE FUTURE. AND THANK YOU FOR GOING THROUGH THE PROCESS. WE APPRECIATE YOUR TIME. UH, I'M GONNA OFFER A, UH, FIVE MINUTE BREAK. UH, SO WE'RE GONNA STOP FOR A FEW SEC. I'M SORRY. QUESTION. YOU SAID FIVE. ALL RIGHT, MAKE IT 10 FOR MR. MR. BRITTON. WE'LL BE RIGHT BACK. THANK YOU. ALL RIGHT. IT'S, UH, IT'S 10 MINUTES OR 12 MINUTES AFTER THREE O'CLOCK. UH, WE NEED TO CONTINUE WITH THE BOARD. EVERYONE PLEASE TAKE THEIR SEATS. ALSO WANT TO ANNOUNCE THAT, UH, MR. OZUNA IS, IS LEFT THE BOARD, UH, THIS, UH, THIS AFTERNOON. AND, AND MR. HANNO WILL BE REPLACING HIM SO WE CAN KEEP OUR 11 COUNT. DID I, IS THAT ON THE RECORD OR I NOTICED THAT ON, ON TV THERE'S A LOT OF SILENCE ON THE, UH, OKAY, SO WHO'S THE, WHO WILL BE PRESENTING THE NEXT CASE? OKAY, YOU APPROVE EVERYTHING FOR THE REST OF THE DAY? YEAH, BUT SOMETIMES I DO SOME REALLY WEIRD THINGS. I HAD ONE THE OTHER, YOU KNOW, CARPORT. I SAW A CARPORT THE OTHER DAY, THAT NOT ONLY EXTENDED OVER THE PROPERTY LINE, BUT HE ACTUALLY HAD A, A, A DIVERTER THAT WAS OVER TWO FEET. YEAH. AND WE TOLD HIM, [02:00:18] OKAY, THIS IS FOR, [6. 20-2228 BOA-20-10300018: A request by Alicia King for 1) a special exception to allow an open screened fence to be up to 6’ tall within the front property and 2) a request for a special exception to allow a solid screen fence to be up to 7’5” tall within the front, side, and rear of a vacant property, located at 16240 San Pedro Avenue. Staff recommends Approval. (Council District 9) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)] MAKE THE PRESENTATION BO A 21 0 3 0 0 0 1 8 FOR THE ADDRESS OF 1 6 2 4 0 SAN PEDRO AVENUE, APPLICANT BEING ALICIA KING. REQUEST FOR ONE, A SPECIAL EXCEPTION TO ALLOW AN OPEN SCREEN FENCE TO BE UP TO SIX FEET TALL WITHIN THE FRONT PROPERTY. AND TWO, A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A SOLID SCREEN FENCE TO BE UP TO SEVEN FEET, FIVE INCHES TALL WITHIN THE FRONT SIDE AND REAR OF A VACANT PROPERTY. SONY IS MOBILE HOME. THE APPLICANT IS REQUESTING TO MAINTAIN A SEVEN FOOT FIVE INCH TALL SOLID SCREEN FENCE ERECTED WITHIN THE FRONT SIDE AND REAR PROPERTY LINE, AS WELL AS A SIX FOOT OPEN SCREEN CHAIN LINK FENCE WITHIN THE FRONT PROPERTY LINE. THE AREA IS CHARACTERIZED AS A MOBILE HOME PLAN UNIT DEVELOPMENT WITH SMALL FENCED IN LOTS. THE SUBJECT PROPERTY IS ONE OF TWO SERVING AS ENTRANCE LOTS TO THE MOBILE HOME PLAN UNIT. DEVELOPMENT CODE ENFORCEMENT INVESTIGATED THIS PROPERTY VIA CITIZEN COMPLAINT NOVEMBER 25TH, 2019. NO TICKETS OR CITATIONS WERE ISSUED. THIS IS THE SUBJECT PROPERTY AND WHAT YOU'RE LOOKING AT IS THE VACANT LOT TO YOUR LEFT AND THE ACTUAL SUBJECT PROPERTY WITH A MOBILE HOME ON IT AND THE SURROUNDING NEIGHBORING MOBILE HOME PROPERTIES. THE MEASUREMENT OF THE SOL, UH, OPEN SCREEN FENCE AT SIX FEET AND THE 7.5 UH, FOOT SOLID SCREEN. AND THEN ANOTHER SEVEN FOOT FIVE INCH ON THE REAR STAFF S APPROVAL WITH THE SPECIAL EXCEPTIONS IN BO O A 2 1 0 3 0 0 0 1 8 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE PROPOSED FENCE IS OF SIMILAR HEIGHT DESIGN AND PURPOSES, OTHER FENCES WITHIN THE MOBILE HOME PARK. AND TWO, THE REQUESTED FENCE WITHIN THE SUBJECT PROPERTY ACTS AS AN ENTRANCE AND EXIT BUFFER TO THE SURROUNDING COMMERCIAL PROPERTIES. ADJACENT 35 NOTICES MAILED ZERO IN FAVOR, ZERO IN OPPOSITION, AND ONE IS IN FAVOR OUTSIDE THE 200 FOOT RADIUS. WAS THERE ANY QUESTIONS? ORIAN? OREN, GO AHEAD. SO TWO QUESTIONS. THE LAST PICTURE YOU SHOWED SHOWED A, A CONCRETE FOOTING THAT THE FENCE LIED UPON. IS THAT FOOTING, UH, BEING USED FOR RETAINING EARTH BEHIND THE OTHER SIDE, WHICH WOULD THEN REDUCE, UH, THE MEASURED HEIGHT? NO. IT'S ALL FLAT. OKAY. AND THEN SECONDLY, UH, I NOTICED THIS IN A, IT'S IN A MANUFACTURED HOME PUD PLAN. UH, I KNOW THAT PUD PLANS ARE ALLOWED TO HAVE, UH, UH, INFORMATION REGARDING FENCING OR FENCE HEIGHTS ON THE PUD PLAN, WHICH WOULD CONTROL OVER THE U D C. IS THERE ANYTHING ON THAT PARTICULAR PUD PLAN THAT NO, THERE'S NOT. OKAY, THANK YOU. ANY OTHER QUESTIONS? STAFF RIGHT BEFORE THE BOARD. OKAY. LET'S, UH, I GUESS THAT'S IT. LET'S GO AHEAD AND BRING THE APPLICANT FORWARD. WE'RE GONNA NEED YOUR NAME AND ADDRESS FOR THE RECORD AND THEN PRESENT YOUR CASE. ANNE PEDRO LOCKS 1 75. CAN YOU FIX THE MIC INTO THE MIC? WHAT YOU HAVE ON THIS LIST IS NOT RIGHT. IT'S ONLY ONE LOT AND THERE'S NOTHING ON IT. IF WE COULD GO BACK TO, OKAY, THAT'S LOT. 1 76, IT'S VACANT. 1 75 IS WHERE MY MOBILE HOME IS. IT'S A 18 BY 80 HANDICAP OR TWO BY SIX WALLS. UM, ZONE TWO. AND THERE IS A WOODEN FENCE ON THE STREET SIDE AND IN THE BACK BELONGS TO DROP IT AND LOCK IT. THERE IS NO CHAIN LINK. I MEAN THERE'S A CHAIN LINK FENCE BETWEEN THAT VACANT LOT AND MY HOUSE AND ON THE OTHER SIDE THERE. AND THOSE ARE SIX FOOT AND THE ONE ON THE RIGHT OF MY HOUSE, [02:05:04] UH, WE PUT THAT THERE SO IT WOULD BE EVEN AND STRAIGHT BECAUSE THIS OTHER ONE IS BEGINNING TO COLLAPSE. 'CAUSE IT'S, IT'S NOT THE LEVEL I'VE BEEN THERE. I'VE OWNED, UH, 1 75 SINCE ABOUT 1990. UH, I HAD A SIX FOOT FIVE HUSBAND, SO WE SWITCHED OUT OUR OWN MOBILE FOR THE, UH, WHEN I HAD DESIGNED FOR A HANDICAP. BUT, UH, IT SHOULD BE TWO LOTS THERE. AND I DID IT FOR SAFETY AND UH, BECAUSE WE HAVE A LOT OF TRANSIENTS AND DRUG DEALERS AND YOU NAME IT. 'CAUSE I LIVE RIGHT THERE AT THE STREET, UH, ACROSS BEHIND LOT ONE, THERE'S A POOL SUPPLY AND THEY'VE EVEN UP THERE WITH UH, UH, BOB WHITE FENCING AND STUFF. SO IT, IT'S GOTTEN REALLY BAD. POLICE DON'T EVEN WANNA COME IN THERE BY THEMSELVES. I DID IT FOR SAFETY. I'M DISABLED ALMOST 80 AND DOING IT FOR SECURITY. THAT, UH, PRETTY MUCH WHAT YOUR ISSUE IS. WE'RE GOING SAFETY AND HEALTH AND VERY GOOD. I HAVE, UH, PIT BULLS AND YOU NAME IT. AND I HAVE A RAMP THAT, THAT PEOPLE CAME UP ON THE ANIMALS. VERY GOOD. AND, UH, DO WE HAVE ANY QUESTIONS FROM THE BOARD? YES, TERELLI, DR. ZARO. SO MA'AM, DO YOU FEEL SAFE WITH THE FENCE AS IT IS? OH YEAH. , IT'S SURE. NICE TO GET A GOOD NIGHT'S SLEEP AND YOU DON'T HAVE PEOPLE COMING THROUGH YOUR YARD. OKAY. THANK YOU. ANY OTHER QUESTIONS? NONE. WE HAVE ANY WITNESSES IN THIS CASE? A COUPLE PEOPLE SIGNED IN. THE FIRST ONE IS TIM SCHWARTZ. ALL RIGHT, GOOD AFTERNOON. FIRST, WILL YOU PLEASE, UH, GIVE US YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU CAN TELL US WHAT YOU WANNA SAY. UH, MY NAME IS TIM SWARTZ. UM, THE ED, OR THE LOT THAT I OWN IS ACROSS FROM MRS. KING AT, UH, 16 2 40 SAN PEDRO. LOT NUMBER ONE. UM, BUT THAT IS NOT MY RESIDENCE. WE OWN THAT LOT AND UP TO, UH, FOUR OTHER LOTS IN THE PARK. MY PERSONAL ADDRESS IS 1206 COUNTRY PATH, SAN ANTONIO, TEXAS, 7 8 2 3 2 7 8 2 1 6. UH, MY WIFE AND I, UH, TALKED ABOUT THIS. WE JUST RECEIVED THIS A DAY OR TWO AGO IN THE MAIL AND DECIDED WE NEEDED TO COME AND SUPPORT MRS. KING IN HER FENCE. UH, OUR, OUR FAMILIES, UH, BOTH HER SIDE AND MY SIDE HAVE OWNED PROPERTY IN THAT MOBILE HOME PARK SINCE IT'S OPENED. UH, I PERSONALLY HAD BOUGHT, UH, 11 PROPERTIES IN THERE AND HAVE SOLD DOWN TO FOUR. MY FATHER-IN-LAW WAS A PRESIDENT AND WAS ON THE BOARD OF DIRECTORS, UH, FOR A NUMBER OF YEARS. UH, THE ISSUES THAT WE HAVE OUT THERE AS OF TWO WEEKS AGO, MRS. KING CALLED ME AND TOLD ME ONCE AGAIN FOR THE FIFTH TIME, WITHIN FOUR WEEKS, MY PROPERTY RIGHT ACROSS THE STREET FROM HER WAS BROKEN INTO. I WENT OVER THERE AND SEVERAL TIMES HAD CAUGHT PEOPLE THERE. BY THE TIME THE POLICE ARRIVED, THEY SAID, SORRY, CAN'T DO ANYTHING WITH IT. YOU HAVE TO CATCH 'EM. IT'S THE LAST TIME I CAUGHT 'EM. AND THEY SAID, WELL, THEY'RE HOMELESS. THE CITY REALLY DOESN'T WANT TO DO ANYTHING WITH THE HOMELESS AND, YOU KNOW, SO ALL WE'RE GONNA DO IS TAKE 'EM DOWNTOWN AND TURN THEM LOOSE. AND I SAID, BUT THEY BROKE INTO MY PROPERTY. THEY HAD, YOU KNOW, MADE ACCUSATIONS AGAINST MRS. KING ON SEVERAL OCCASION. UH, I DON'T KNOW IF SHE MADE THAT CLEAR, BUT THE PIT BULLS THAT ARE RUNNING AND THE BIG DOGS THAT YOU SAW IN THE PICTURE. IF YOU PULL IT UP, YOU'LL SEE A BIG BOXER THERE HAVE PERSONALLY ATTACKED HER. SOME PEOPLE DON'T LIKE MRS. KING IN THE NEIGHBORHOOD BECAUSE SHE'S KIND OF THE WHISTLEBLOWER, BUT YOU KNOW, SHE'S KIND OF LIKE YOUR GRANDMA THAT'S GOT AN ATTITUDE. UM, SHE'S NOT AFRAID TO TELL YOU WHAT'S RIGHT AND WHAT'S WRONG, BUT SHE HAS WATCHED MY PROPERTY OVER THE LAST 10 YEARS AND, YOU KNOW, IF THERE'S SOMETHING NOT RIGHT, SHE CALLS ME, I DRIVE DOWN THERE, MAKE SURE IT'S OKAY. AND MOST OF THE TIME PEOPLE ARE TRYING [02:10:01] TO BREAK IN. WE HAVE, AND I'M NOT SURE IT ADEQUATELY DESCRIBES IT FOR HER, BUT THIS IS THE MOBILE HOME MAP. I'LL PRESENT IT TO YOU. OH, OKAY. BUT THE SITUATION IS, IS THAT WE HAVE AN ALLEYWAY ON MY SIDE, AND RIGHT BEHIND HER IS A STORAGE UNIT FACILITY. AS OF LATE, THEY'RE REDOING THE FENCE THERE. SO THEY'VE HAD MULTIPLE BREAK-INS WHEN HER FENCE WAS NOT THE WAY IT IS NOW, THEY WERE CUTTING THROUGH HER PROPERTY TO JUMP OVER THE FENCE INTO THE, UM, STORAGE UNIT. SHE'S THERE ON THE CORNER IN THE CORNER OF THE LOT. UH, POINTER HERE IS WELL, OKAY, UH, IN THE CORNER HERE, THERE'S SOME CITY UTILITIES. SO A LOT OF TIMES THAT HAS BEEN LEFT OPEN AND SO VAGRANTS HAVE COME THROUGH HERE. UH, WHEN I PAID MY DUES UP AT THE PARK PROPERTY HERE, THE SECRETARY MADE THE COMMENT AS I WAS TELLING HER WHAT WAS GOING ON AT MY PROPERTY DOWN HERE AT NUMBER ONE, THAT ALMOST ON A EVERY OTHER DAY BASIS THERE'S TRANSIENTS COMING IN WITH A SHOPPING CART EMPTY AND WALKING OUT OF THE PARK FULL. WHEN WE MADE THIS ARREST, FINALLY, UH, THEY HAD IN MY STORAGE UNIT HERE IN THE CORNER, A SHOPPING CART WITH TWO WINDOW UNITS. INSIDE WAS ADDITIONAL THREE MORE. THERE WAS A BIG SCREEN TV AND THE WEEK BEFORE WHEN SHE CALLED ME, I CHASED THEM OUT OF THERE. I EMPTIED IT, TOOK TWO TRUCKLOADS OF MERCHANDISE TO THE DUMP, AND IN 48 HOURS IT WAS FILLED BACK UP. IT IS A PROBLEM. SHE DOES HAVE A VALID, I I KNOW FROM BEING ON THE BOARD THAT THE FRONT, FRONT FENCE HERE, THEY'D LIKE IT TO BE FOUR FEET, BUT BECAUSE OF THE DOGS, IF YOU WALKED OUT AND A BIG DOG JUMPED OVER YOUR FOUR FOOT FENCE TO TRY TO ATTACK YOUR CAT, I BELIEVE, I BELIEVE YOU'RE OUT OF TIME NOW, BUT I, I SYMPATHIZE WITH YOUR PLIGHT. I WISH I, MY VOTE IS FOR HER TO LEAVE THE FENCE AS IS. AND WE HAVE ANOTHER WITNESS. THAT'S CORRECT. WE HAVE, UH, LORI BRANSON. ALRIGHT. MY NAME IS LORI BRANSON. I LIVE AT 16,240 SAN PEDRO NORTH MOBILE HOME PARK, SAN PEDRO AVENUE, LOT TWO 19. I, UH, AM CURRENTLY PRESIDENT OF THE BOARD OF THE H O A AND I AM ENCOURAGING YOU TO ACCEPT HER REQUEST BECAUSE SHE DOES HAVE PEOPLE JUMPING, CROSSING THROUGH HER PROPERTY. WE DO HAVE A LOT OF PROBLEMS WITH TRANSIENT HOMELESS DRUG ADDICTS IN OUR PARK AND WE'VE, YOU KNOW, I, I JUST THINK FOR HER OWN SAFETY, I REQUEST THAT YOU ACCEPT HER REQUEST. ALRIGHT, THANK YOU, SIR. HOLD ON. DO WE HAVE ANY QUESTIONS FOR THIS? DONE. ALRIGHT, THANK YOU VERY MUCH. UH, THE APPLICANT MAY RE RETURN AND, AND ADD ADDITIONAL INFORMATION. IF SO, CHOOSE IF NOT SAID PRETTY MUCH EVERYTHING YOU WANNA SAY. I'M, I CAN. THAT'S OKAY. THEN. I'M GONNA CLOSE THIS TO THE PUBLIC AND I'M ENTERTAINING A MOTION FRAGMENT. FRAGMENT PLEASE. REGARDING CASE NUMBER BO A DASH 20 DASH HUNDRED 3 0 8 A MOVE TO THE BOARD OF ADJUSTMENT GRANT, A SPECIAL EXCEPTION TO ALLOW ONE, A SPECIAL EXCEPTION TO ALLOW AN OPEN SCREEN FENCE TO BE SIX FOOT TALL WITHIN THE FRONT PROPERTY. AND TWO, OR REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A SOLID SCREEN FENCE TO BE UP TO 7.5 FEET TALL WITHIN THE FRONT SIDE AND REAR OF A VACANT PROPERTY, SITUATED AT 16 2 4 0 SAN PEDRO AVENUE, APPLICANT BEING ALICIA KING. 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 UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY OF THE SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR [02:15:01] OFFENSE HEIGHT MODIFICATION UP TO EIGHT FEET. THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE SAFETY AND SECURITY OF THE APPLICANT'S PROPERTY. IF GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE B. THIS, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY MAXIMUM FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. A SIX FOOT TALL OPEN SCREEN FENCE ALONG THE REAR PROPERTY LINE AND A 7.5 FOOT TALL SOLID SCREEN FENCE IS INSTALLED WITHIN THE FRONT SIDE AND REAR OF A VACANT PROPERTY TO PROVIDE ADDITIONAL SECURITY FOR THE APPLICANT'S PROPERTY. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES AND SERVES AS THE MANUFACTURER'S PLANNED UNIT DEVELOPMENTS, ENTRANCE LAWS. FURTHER, THE FENCING DOES NOT VIOLATE CLEAR VISION STANDARDS. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACT TO THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE FENCING DOES NOT DETRACT FROM THE CHARACTER OF THE NEIGHBORHOOD. THE FENCING IS IN LINE WITH OTHER PRE-EXISTING FENCING MATERIAL AND HEIGHT WITHIN THE IMMEDIATE VICINITY. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PROPERTY IS LOCATED WITHIN THE P U D MH MLO, D SLASH ONE MLR SLASH TWO A H O D E R Z D PLANNED UNIT DEVELOP MANU MANUFACTURED HOUSING CAMP BULLETS, MILITARY LIGHTING OVERLAY, MILITARY LIGHTING REGION TO AIRPORT HAZARD OVERLAY, EDWARDS RECHARGE ZONE DISTRICT THAT PERMITS THE CURRENT USE. THE REQUESTED SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT END OF MOTION. SECOND. OKAY. I THINK THERE'S A NOTATION ABOUT THE HEIGHT. THAT WAS A, WHAT WAS THE DIFFERENCE? THE, THE, THE STAFF HAD MENTIONED 7.5, BUT THE REQUEST IS FOR SEVEN FOOT FIVE INCHES. WE'RE NOT ALLOWED TO GO ABOVE SEVEN UH, FEET. FIVE INCHES. OKAY. OKAY. SO IT WAS JUST MAKING A NOTE THAT WAS A DIFFERENCE THERE. ALL RIGHT. ANY, ANY COMMENTS? UM, I'M FAMILIAR WITH WHERE THIS, UM, UM, NEIGHBORHOOD IS, UM, AND I KNOW THAT IT'S VERY COMMERCIAL RIGHT IN FRONT OF YOU. UM, SO, YOU KNOW, I FEEL BADLY THAT YOU'RE HAVING TO GO THROUGH ALL THE CRIME THAT YOU ARE. SO I THINK THIS IS A GOOD SOLUTION AND WELL WITHIN, UH, WHAT WE'RE ALLOWED TO DO AND, AND I JUST HOPE FOR THE BEST FOR THE NEIGHBORHOOD. GOOD. MS. DORIAN? YES. UH, I'LL BE IN SUPPORT OF THIS. I'M ALSO FAMILIAR WITH THE AREA. I KNOW IT'S KIND OF A HIGH CRIME AREA, SO I'M, I'M, IF THIS HELPS MORE POWER TO YOU. THANK YOU. ANYONE ELSE? ELLI? DR. ZARO? I JUST WANNA THANK THE PUBLIC FOR COMING OUT AND SPEAKING ON THIS. YOU MENTIONED YOU GOT THE NOTICE A FEW DAYS AGO AND TAKING THAT TIME TO COME IN WAS RE REALLY VERY HELPFUL. THANK YOU. ANYONE ELSE? NO. ALRIGHT, LET'S GO AHEAD AND TAKE THE ROLL CALL MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. ORIAN, I CONCUR WITH THE FINDINGS OF FACT. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. DOCTORS ELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. BRITTON? YES. MR. KEANU? YES, I CONCUR. MS. ENGLER? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MR. VINNO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR THE FINES OF FACTS. IT MEANS A UNANIMOUS DECISION. YOU MAY KEEP WHAT YOU WANT AND, UH, ENJOY LIFE. GO TO THE NEXT CASE, PLEASE. [7. 20-2309 BOA-20-10300004: A request by Margaret Sanchez for a 4’ variance from the 5’ side setback requirement to allow an attached carport to be 1’ away from the side property line, located at 1611 Schley Avenue. Staff recommends Denial. (Council District 3) (Justin Malone, Planner (210) 207-0157, justin.malone@sanantonio.gov, Development Services Department)] GOOD AFTERNOON, JUSTIN MALONE DEVELOPMENT SERVICES. UH, THIS IS FOR CASE BO 8 2 0 103 0 0 3 0 0 0 0 4. UH, SUBJECT PROPERTY IS LOCATED AT 1611 SLEIGH AVENUE. APPLICANT IS MARGARET SANCHEZ AND THIS IS FOR A REQUEST FOR A FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN, AN ATTACHED CARPORT TO BE ONE FOOT AWAY FROM THE SIDE PROPERTY LINE. THE ZONING IS OUR FOUR RESIDENTIAL SINGLE FAMILY. APPLICANT STATED THAT THE CARPORT WAS BUILT FOR SAFETY AND WEATHER RELATED REASONS, UH, SUCH AS COVER FROM THE RAIN AND TO DETRACT, UH, FLOODING THAT WAS HAPPENING IN HER, UH, DRIVEWAY. DURING SITE VISITS. STAFF NOTED THAT THE CARPORT IS [02:20:01] FIVE AND A HALF FEET FROM THE NEIGHBORING STRUCTURE. STAFF ALSO NOTES THAT A DETACHED GARAGE LOCATED WITHIN THE REAR OF THE PROPERTY. THE APPLICANT SUBMITTED A SITE PLAN FOR A 225 SQUARE FOOT CARPORT PERMIT IN 2017 AND COMPLETED THE STRUCTURE WITH NO INSPECTIONS. CODE ENFORCEMENT ISSUED A CITATION FOR THE CARPORT SIDE SETBACK IN DECEMBER OF 2019. THE SITE PLAN, THE HIGHLIGHTED AREA IS THE CARPORT, UH, IN RELATION TO THE HOME GARAGE IN THE BACK. OBJECT PROPERTY, OBJECT PROPERTY TO CARPORT NEIGHBORING PROPERTIES. THIS MEASUREMENT FROM THE CARPORT TO THE NEIGHBORING STRUCTURE AND THE CARPORT SUPPORT PILLAR OF FROM THE EDGE TO THE DRIVEWAY REAR GARAGE, THAT RECOMMENDS DENIAL OF THE VARIANCE IN CASE BO A 2 0 1 0 3 0 0 0 0 4 BASED ON THE FOLLOWING FINDINGS EFFECT THE CARPORT DOES NOT ADHERE TO THE REQUIRED FIVE FOOT SETBACK STANDARDS. AND TWO, THE CARPORT IS CONTRARY TO THE PUBLIC INTEREST IN THAT IT FAILS TO PROVIDE ROOM FOR MAINTENANCE, MAY DRAIN WATER ONTO ADJACENT PROPERTY AND MAY INCREASE THE THREAT OF FIRE SPREAD. UH, STAFF MAILED 34 NOTICES. UH, WE RECEIVED SIX IN FAVOR TO AND OPPOSITION AND NO RESPONSE FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION HERE FOR ANY QUESTIONS? QUESTIONS FOR STAFF? YEAH, ORIEN. SO THEY APPLIED FOR A PERMIT AND IT WAS APPROVED BECAUSE THEY SAID THAT THE STRUCTURE WAS GOING TO BE FIVE FEET. DO THEY, DO THEY, DO Y'ALL REQUIRE A SURVEY OR ANYTHING? I MEAN, THIS JUST SEEMS LIKE IT'S SO OFF. I MEAN, RIGHT. WHAT HAPPENED? THIS SCENARIO IS PERMITS WERE PULLED AND NO INSPECTIONS WERE EVER CALLED. SO IT WAS NEVER CAUGHT AT INSPECTION PHASE. OKAY, THANK YOU. ANYONE ELSE? ALL RIGHT. OKAY. NO ONE ELSE THEN. UH, UH, LET'S BRING THE APPLICANT FORWARD. WE NEED, YOU'RE GONNA NEED YOUR BOTH NAME AND ADDRESS FOR THE, UH, UH, AND THE, UH, FOR THE RECORD, PLEASE, SINCE YOU'RE BOTH GONNA SPEAK. CORRECT? I ALSO HAVE A NEIGHBOR, NEIGHBOR NAME. WELL, THAT'S, HE'S ON THE WITNESS LIST, CORRECT? RIGHT. ARE YOU ON THE WITNESS LIST? MS. HE'S NOT SIGNED UP. GO OVER THERE NEXT DOOR AND GET, GET THAT TAKEN CARE OF. BUT YOU CAN, IF YOU'RE ADDRESSED RIGHT NOW WITH THE, UH, ADDRESS MARGARET SANCHEZ. 1611 JULY AVENUE. YEAH, BRING THE MICROPHONE DOWN SO WE CAN HEAR YOU. MARGARET SANCHEZ, 1611 JULY AVENUE, SAN ANTONIO, TEXAS 7 8 2 1 0. ALRIGHT, AND SINCE YOU'RE WORKING WITH HER, GO AHEAD AND GIVE YOUR NAME, ADDRESS HERE. I'M CHARLES JONES. I'M OUR ADVOCATE. I'M AN ATTORNEY OF LAW AT ONE 15 NORTH SIMPLE STREET HERE IN SAN ANTONIO, TEXAS. THANK YOU. THIS IS A VERY UNIQUE CIRCUMSTANCE, AND I HOPE WE LOOK AT THE SPIRIT OF THE LAW IN THIS SITUATION. THE REASON BEING IS THIS PERMIT WAS PULLED IN 2017, AND AS THE YOUNG MAN SAID THAT BETWEEN NOW AND THEN, THE CITY DID NOT COME AND INSPECT THE AREA. NOW, THE REASON WHY MRS. SANCHEZ WANTED THIS EXTENSION, THIS CARPORT, CAN WE HAVE THAT PICTURE UP THERE, YOUNG MAN? YEAH. DO YOU HAVE PRINT IT OUT? YEAH, IT'S UP. YEAH. CAN I HAVE A, YOUR, YOUR, UH, OH, YOUR SCREEN FROM THE, UH, OKAY. CAN I HAVE A LITTLE LASER JUST FOR A SECOND? NO, THE, FROM, FROM YOUR PRESENTATION, THE ONE I THINK HE'S TALKING ABOUT. WELL, I COULD LOOK AND WE'LL DO IT THIS WAY. AS Y'ALL CAN SEE, THERE'S SOME STEPS THERE OFF TO THE LEFT HAND SIDE. OKAY. AND THE STEPS LEAD TO A, A, A CEMENT DRIVEWAY, WHICH HAS BEEN THERE OVER FOR 40 YEARS. SO IF YOU COULD IMAGINE BEFORE THE CARPORT BEING THERE, WHAT WOULD HAPPEN IS THAT WHEN IT WOULD RAIN, WATER WOULD POOL IN THAT CEMENT DRIVEWAY. NOW, THE REASON THAT SHE ASKED TO HAVE THIS PERMIT DONE IN THAT AREA IS AT THIS TIME, HER HUSBAND, WHO'S NOW DECEASED, WAS BLIND, [02:25:02] HAD DIABETES, AND COULDN'T AMBULATE OFF THOSE STEPS INTO THAT CEMENT AREA. HIS VISION WAS VERY NARROWED. AND WHEN HE WOULD HIT THE CEMENT BECAUSE OF, OF THE VISION AND HIS, HIS INABILITY, HE WOULD SLIP AND FALL. NOW, MY MRS. SANCHEZ HERE IS 78 YEARS OLD. YOUNG . SHE'S VERY SPRY, VERY NICE LADY. BUT EVEN NOW SHE HAS PROBLEMS WHEN SHE LEAVES THE STEPS AND GOES IN INTO THE AREA. NOW, KNOWING THAT YOU UNDERSTAND WHY SHE WENT TO THE EXPENSE. NOW, I DON'T KNOW HOW MUCH IT COST. I WOULD IMAGINE ANYWHERE BETWEEN TWO OR $3,000, JUST ESTIMATING AS TO WHAT THE COST WAS. BUT THEY COMPLETED THE PROJECT. APPARENTLY THERE WERE NO PROBLEMS. AND AS IF WE CAN, IF YOU GIVE, GIMME THIS PICTURE HERE, LET ME HAVE UP HERE. AS YOU SEE WHERE THE CAR IS, WHERE THE CARPETS CARPET CARPORT IS, YOU CAN SEE IF THERE IS WATER THAT'S FLOWING, WATER WOULD FLOW NOW FLOWS OFF THE ROOF INTO THE DRIVEWAY AND INTO THE STREET. OKAY? WATER DOESN'T FLOW NEXT DOOR AT ALL, AND IT'S A SAFETY ISSUE FOR HER. SO THE ISSUE BEFORE YOU IS DO WE LET HER KEEP WHAT SHE HAS OR DO WE PUNISH HER FOR WHAT WAS AN ESSENCE, A MISTAKE THAT WAS DONE BY NOT COMING BACK AND CHECKING THIS OUT RIGHT AFTER THE COMPLETION OF THIS PROJECT. IT'S BEEN THREE YEARS, THREE COMPLETE YEARS, AND I BELIEVE THAT AS I'M LOOKING AT THE AREA, I DON'T SEE HOW IT'S ANY SUBSTANTIALLY OUT OF COMPLIANCE WITH THE NEIGHBORHOOD. NOW, IN TALKING ABOUT THAT, WE BROUGHT MR. DOMINGUEZ. WELL, IF YOU WILL ALLOW, ARE YOU SIGNED IN NOW, MR. DOMINGUEZ? YES. IF YOU ALLOW HIM TO COME IN, WELL CALL HIM SEPARATELY. YOU, YOU GO AHEAD. CALL HIM SEPARATELY. YES. WE ONLY LET, I'LL HAVE, HAVE HIM COME AND TALK ABOUT THE CONSTRUCTION PART OF IT, BECAUSE THAT'S WHAT HE DOES FOR A LIVING. WELL, HOLD ON. WE, UH, SHE'LL COME ON AS A WITNESS. YOU GO AHEAD AND COMPLETE YOUR PORTION OF IT AND WE'LL BRING HIM UP. OKAY? SO WE WOULD ASK YOU, YOU COMPLETED, YOU LEAVE IT AS SUCH, YOU TAKE INTO CONSIDERATION THE UNIQUE CIRCUMSTANCES. WE DON'T BELIEVE THAT SHE'S DONE ANYTHING CONTRARY TO WHAT THE STATUTE HAD SAID, AND WE DON'T SEE THAT THERE'S ANY HARM BEING DONE TO THE COMMUNITY AT THIS STAGE OF THE GAME. AND TO PUNISH HER RIGHT NOW IS TO PUNISH HER FOR SOMETHING THAT SHOULD HAVE BEEN LOOKED AT AT LEAST SIX MONTHS AFTER THIS PROJECT WAS DONE. NOW, MR. MR. SANCHEZ IS DEAD NOW, BUT MRS. DOMINGUEZ STILL LIVES THERE, AND I BELIEVE SHE'S GONNA BE ALIVE FOR A LONG, LONG TIME. AND SO WE WOULD ASK YOU TO CONSIDER THAT, UM, UH, THOSE FACTS IN, IN COMING UP TO A DECISION. IS THERE ANYTHING ELSE, MR. MARTINEZ? OH, SIR, WE CAN'T HEAR YOU, SIR. SORRY, WE COULDN'T HEAR YOU. CAN YOU HEAR ME NOW? LET'S TURN IT OFF. YEAH. , UH, THE, UH, I UNDERSTAND WHAT YOU'RE, WHAT YOU'RE DEALING WITH HERE AND, AND IT'S THE ULTIMATE CATCH 22. WELL, ALMOST THIS IS THAT A LOT OF PEOPLE DON'T REALIZE WHEN YOU PULL A PERMIT AND A LEGITIMATE PERMIT, THE CITY DOESN'T COME OUT AUTOMATICALLY TO DO INSPECTIONS UNTIL YOU REQUEST THEM. AND THAT'S, THAT'S KIND OF ONE OF THOSE CATCH 20 TWOS. BECAUSE YOU WANNA SAY, WELL, YOU HAVE TO HAVE YOUR, YOUR FOUNDATION INSPECTED. YOU GOTTA CALL A PERMIT PEOPLE AND SAY, COME LOOK AT IT. WHEN YOU DO YOUR FRAMING, YOU GOTTA CALL THE PERMIT PEOPLE TO COME AND EACH ONE OF THEM GIVES YOU A GREEN CARD. WHOEVER BUILT THE THING DIDN'T DO THAT, OR THIS WOULD'VE BEEN CAUGHT. SO, BUT THAT'S BESIDE THE POINT RIGHT NOW YOU'VE GOT THIS BUILT HERE AND, UH, I UNDERSTAND YOUR, YOUR, YOUR PRESENTATION. SO LET'S, UH, PLEASE HAVE A SEAT BACK THERE. WE'RE GONNA BRING THE, OH, I'M SORRY. DO YOU HAVE A QUESTION? YEAH, ORIAN, UH, I'M LOOKING AT THE CITY INSPECTION FOR THIS SITE AND FOR THIS CARPORT ON 10 30 20 17, A JOHN ENGLIN FROM THE CITY APPARENTLY DID A PARTIAL INSPECTION AND SAID IT WAS OKAY TO COVER ROOF BEFORE THE RAIN. UM, CAN THE STAFF TALK ABOUT, DID [02:30:01] SOMEBODY FROM THE CITY GO OUT THERE AND OBSERVE A PARTIALLY CONSTRUCTED STRUCTURE? I'M JUST WONDERING, THAT'S NOT SOMETHING WE'RE AWARE OF. YEAH, I'M LOOKING UNDER AP 2 3 1 78 18. WELL, WE COULD LOOK INTO IT AT THIS POINT, BUT IT'S NOT SOMETHING I, I'M READY TO ANSWER. NO. OKAY. UM, AND THEN THE OTHER QUESTION I HAVE IS, IT SOUNDS LIKE YOUR, THE BIGGEST CONCERN WAS FOR, WAS FOR THE DRAINAGE. DID YOU HIRE A, A CONTRACTOR, UH, TO DO THE WORK? OKAY. DID, DID, DID. AND HE DIDN'T RAISE ANY CONCERNS THAT IT WAS, IT SEEMED CLOSE TO THE NEIGHBORING HOME AT ALL. OKAY. THANK YOU. RAGMAN. GO AHEAD, MS. RAGMAN. SO, UH, WHEN THE PERMIT WAS PULLED FOR THIS CARPORT, WHAT WAS THE SPECIFIC REQUEST OF WHERE THE CARPORT WAS TO BE LOCATED? BECAUSE I DON'T SEE THAT THERE'S FIVE FEET WHERE YOU COULD HAVE A CARPORT AND MAKE IT VIABLE TO HAVE A CAR UNDER THERE IF YOU FOLLOWED THE GUIDELINES OF A FIVE FOOT SIDE SETBACK. SO I'M JUST WONDERING WHAT WAS, I CAN'T ANSWER THAT QUESTION. COULD SHE EITHER, COULD SHE I WAS LEFT UP, THAT WAS LEFT UP TO THE CONSTRUCTION PERSON WHO WAS THERE. WHO, WHO BUILT THE, UH, WHO BUILT THE CARPORT, WHO PULLED THE PERMIT? YES, MA'AM. OKAY, THEN THAT WOULD PROBABLY BE A QUESTION FOR HIM. ALRIGHT, THANK YOU. IF IT HELPS, WE DO HAVE THE MEASUREMENTS BETWEEN THE LIP. UM, BASICALLY IT LOOKS LIKE IT'S A, UM, SOMEWHAT OF A RETAINING WALL. THERE'S LESS THAN EIGHT FEET BETWEEN . I THINK MR. DOMINGUEZ MIGHT BE ABLE TO ENLIGHTEN YOU IN SOME OF THE QUESTIONS. SORRY. NOW CAN HEAR ME , THE, UH, YOU NOTICE THAT THERE'S A SUCH CLOSE PROXIMITY BETWEEN THE HOUSE NEXT DOOR. DIDN'T IT CONCERN YOU THAT FIRE DEPARTMENT MAY HAVE DIFFICULTY IN, IN PREVENTING ONE HOUSE FROM CATCHING THE OTHER ON FIRE? WELL, I GUESS THAT'S A POSSIBILITY, BUT THAT HOUSE HAS BEEN THERE FOR OVER 50 YEARS. IT HASN'T BEEN AN ISSUE SO FAR. THAT'S NOT TO SAY THERE'S NOT A PROBABILITY OR WHATEVER. WELL, THAT'S, THAT'S THE REASON WHY I'M, I'M A BIT CONCERNED BECAUSE, UM, UH, CITY INSPECTORS, WHEN THEY FIRST CAME OUT THERE SHOULD HAVE NOTICED THAT THE HOUSE NEXT DOOR WAS SO CLOSE THAT YOU, THERE WAS NO ROOM FOR A, FOR A CARPORT AND MAY HAVE OFFERED YOU A DIFFERENT OPTION, BUT THAT'S NEITHER HERE NOR THERE RIGHT NOW. WE GOT WHAT WE HAVE TO DEAL WITH. SO, UH, ANYONE ELSE HAVE A QUESTION FOR THE APPLICANT? KEANO, MR. KEANO? SO YOU DID RIGHT HERE. OH, I'M SORRY. MR. KEANO. . SO, UM, DID YOU HAVE AN EXISTING CARPORT THAT WAS THERE AND WAS THIS A REPLACEMENT FOR THAT ONE? FROM WHAT I UNDERSTAND FROM MRS. SANCHEZ, ALL THEY HAD WAS JUST THAT CEMENT, CEMENT DRIVEWAY, THAT'S ALL IT WAS. SO YOU HAD NO COVER OVER IT AT ALL? NO COVER WHATSOEVER. SO THAT IS A BRAND NEW COVER? YES, SIR. YES, SIR. THAT'S JUST BEEN UP THERE FOR THREE YEARS. ALL ALMOST FOUR. ALRIGHT, THAT PRETTY MUCH ANSWERS THE QUESTIONS FROM THE BOARD. SO, UH, PLEASE HAVE A SEAT. WE'RE GONNA CALL UP YOUR WITNESSES, GET SOME MORE INFORMATION. NO, YOU, YOU CAN SIT DOWN ANYWHERE YOU WANNA SIT. OH, JUST THE ONE PERSON, UH, OR TWO PEOPLE SPEAKING OR TWO WITNESSES SIGNED UP? WE HAVE ONE SIGNED UP. DOMINGO SIEN. ALRIGHT. IS THERE SOMEONE ELSE WHO WANTS TO SPEAK AS WELL? THERE'S NOBODY ELSE SIGNED UP TO SPEAK. I KNOW, BUT YOU SAID OKAY. YOU CAN COME UP BY YOURSELF. IF ANYBODY ELSE WAS SIGNED UP OR WANTED TO SPEAK, PLEASE SIGN UP. THANK YOU FOR YOUR TIME. THANK YOU FOR THE INVITE. MY NAME IS DOMINGO IAN. UH, I, I, UH, LIVE. I NEED YOUR ADDRESS FIRST FOR THE RECORD. ADDRESS IS 1610 SLY AVENUE. I LIVE ACROSS THE STREET. WELL, ONE OF MY HOUSES IS ACROSS THE STREET. I DESIGNATED THE 1606 TO MY WIFE AND I OWN 1600 TRIPLEX. AND WELL, THAT'S ONE ADDRESS IS FINE. OKAY. OKAY. WELL, THIS MY PARTICIPATION ON THE, ON THE NO, THAT'S JUST FINE. OKAY. I'VE KNOWN THE SANCHEZ FAMILY, UH, BEFORE THEY MOVED IN. MR. SANCHEZ IS, UH, THAT PASSED AWAY. UH, YOU GUYS, I KNOW HIM. HE MADE THE NEWSPAPERS. HE WAS THE, UH, PASTRY CHEF FOR EARL ABELS. UH, DID WELL THERE. THEY'VE BEEN A, A GREAT COUPLE RECOGNIZED COUPLE GIVEN. THEY, [02:35:01] UH, TREATED ME LIKE ONE OF THEIR FAMILY WHEN I WAS A YOUNG KID. AND, UH, I IN TURN TAKE CARE OF THE NEIGHBORHOOD AND, UH, HELP THE OLDER PEOPLE THERE, UH, OUT OF RESPECT OF WHAT THEY'VE DONE FOR, FOR US AND FOR MY GENERATION. OKAY. SO, UH, THE GENERAL CONTRACTOR THAT DID THIS, UH, PULLED THE PERMIT FROM WHAT I UNDERSTAND, UH, I INQUIRED WHEN THEY WERE DOING THIS SETTING, I'M SORRY. UH, I OWN A COMPANY, A COUPLE OF COMPANIES HERE IN, WELL, WE MOVED OUTTA SAN ANTONIO WEARING SHIRTS. UH, WE DO FABRICATION ENGINEERING. WE HAVE A CIVIL ENGINEERING TEAM. UH, WE HAVE AN ERECTION TEAM. UH, WE WORK WITH, UH, LAKE PLATO. WE DID THE WHITTY MUSEUM. MY POINT IS WE'RE FAMILIAR WITH CONSTRUCTION. UH, THE DESIGN OF THIS ROOF, GOING BACK TO BEFORE THE SANCHEZ HAS MOVED IN THESE HOUSES, THE HIGHLAND HILLS AREA, HOUSES WERE MADE WITH CARPORTS. SO I MAKE THE DIFFERENCE WHEN THEY TOOK THE HOUSE OVER THAT ALREADY WAS DILAPIDATED, THEY WEREN'T VERY, VERY WELL MADE. OKAY? UM, SO A LOT OF THE HOUSES, ALL THAT FELL AWAY, FELL DOWN THE DRIVEWAY HAD ALWAYS BEEN THERE. THE PICTURE YOU SEE RIGHT NOW, YOU CAN SEE WHERE, WHERE, I'M SORRY. THE, THE SANCHEZ, MRS. SANCHEZ AND THE CONTRACTOR GOT TOGETHER AND THEY DID A PRETTY NICE DESIGN THAT CONTRIBUTES TO THE VALUE OF THE PROPERTY. THE OPPOSING PARTY NEXT DOOR HAS AN ISSUE WITH THIS. THE, THERE, THERE IS NO WATER. WE LOOKED AT THE GRADE, WE SHOT THE GRADE, THE WATER ON THE BACK OF THIS HOUSE. I WOULD NEVER INVEST ON THAT SIDE BECAUSE IT'S A, IT'S A DEEP DROP. SHE DID NOT DEFER THE WATER TO GO IN ANY OTHER DIRECTION THAN WHAT IT ORIGINALLY WAS GOING, WHAT IT WAS WORKING WITH. PART OF IT COMES TO THE FRONT, OUT TO THE STREET. THE MAJORITY WILL GO TO THE BACK. ALWAYS BEEN LIKE THAT. WHETHER THAT ROOF IS THERE OR NOT, THAT'S WHERE THE WATER'S GONNA FALL. THE NEIGHBOR'S HOUSE, AND I WOULD BE HONEST, THE NEIGHBOR'S HOUSE AND I TALKED TO THE CONTRACTOR, YOU CAN'T TIP OVER INTO THE, UH, 30 SECONDS INTO THE PLANK. YOU'VE GOT A CHIMNEY THERE. SO I TOLD 'EM TO BE CAREFUL ABOUT THE CONCRETE, BUT THEY DIDN'T, THE THE WAY THEY'VE GOT IT, IT CONTRIBUTES TO THE, THE VALUE, THE MOTIF OF THE NEIGHBORHOOD. IT'S, IT'S, TO ME, IT'S A PLUS. UH, YOU LOOK AT THE OTHER HOUSE ON THE OTHER SIDE THERE, YOU HAVE AN ISSUE WHERE THE PROPERTY, THE CARPORT IS TIPPING INTO THE PROPERTY. THIS, RIGHT, THIS, THIS ONE RIGHT THERE. AND THIS IS THE PERSON THAT'S COMPLAINING. SO, I MEAN, IF, IF SHE'S GONNA BE PERSECUTED FOR WHAT SHE PUT UP, I'LL, I'LL, IT'S THREE MINUTES. THANK YOU FOR YOUR TIME. I UNDERSTAND YOUR POINT. ALL RIGHT. UH, THAT'S ALL THE WITNESSES WE HAVE. ALRIGHT. QUESTION FOR THE WITNESS? YES. SO SIR, SIR, SIR. ALRIGHT. YES MA'AM. SO, UH, MY QUESTION IS, SO YOU WERE NOT THE CONTRACTOR ON THIS PROJECT. YOU ARE A, A NEIGHBOR SPEAKING ON HER BEHALF? CORRECT. OKAY. THANK YOU ORIAN. I HAVE A QUESTION. SO, UM, SO IF BEING, UH, FAMILIAR WITH THE AREA, IT'S IN THE PAST, UH, THERE THERE USED TO BE SOME, UH, WINDOW TREATMENT COVERING OVER EVE OVERHANGS, UH, GREEN AND WHITE OVERHANGS ON THE NEIGHBORING HALL'S WINDOWS. DID THESE, DID THIS CONSTRUCTION PROJECT, UH, INADVERTENTLY DID DEMOLISH THOSE ON THE, ON THE, ON THE OP ON THE OPPOSING PROPERTY? YEAH. I'M LOOKING AT A, A, AN, AN ARCHIVE STREET VIEW VIEW MAP FROM 2011, WHICH SHOWS SOME, A LOT OF THOSE, NO, A LOT OF THOSE FELL OFF. OKAY. OKAY. THE, THE, THE, THEY WERE, THEY WERE BASE METAL ON THE BACKSIDE ON ONE OF MY PROPERTIES. I STILL HAVE THEM. AND YOU'LL SEE THE PROBLEM WITH THOSE ON 1600, 1600, UH, SLY, RIGHT ON THE CORNER, YOU'LL SEE I STILL HAVE MINE THERE. I, UH, I VALUE HISTORIC ARCHITECTURE. SO THAT'S 1610. IF YOU GO TO THE LEFT, THAT'S 1606 AND YOU GO ONE MORE, THAT'S 1600 AND THEN THE METAL FRAME'S STILL THERE. SO WHAT HAPPENED ON A LOT OF THE HOUSES THERE, THE METAL RUSTED OUT AND THEN THE CEDAR PLANK THAT THEY WERE ATTACHED TO, JUST ROTTED OUT AS WELL AND THEY FELL DOWN. OKAY. SO THEY WERE GONE BE WAY BEFORE THE CONSTRUCTION OF MRS. SANCHEZ'S, UH, CARPORT WAS, WAS, UH, IN PROGRESS. OKAY. I'M SHOWING I'M STILL THERE IN 2016, BUT, UH, OKAY, I'LL, I'LL GO BACK, I'LL GO BACK TO, TO SOME PHOTOS THAT I'VE TAKE OF THE, OF THE AREA MYSELF. I'LL VERIFY THAT. ALRIGHT, THANK YOU. I THANK YOU VERY MUCH AND THANK YOU. NOW LET'S BRING THE, THE ORIGINAL WITNESS BACK. YOU DON'T HAVE, SHE DOESN'T HAVE TO COME UP HERE IF YOU WANNA SPEAK FOR THE REST. YEAH, I TOOK A LOOK AT THE PERMIT, BY THE WAY. [02:40:01] AND ULTIMATELY THE APPLICATION AS WELL AS THE SITE PLAN SHOULD A FIVE FOOT, UM, DISTANCE AND THE PARTIAL PERMIT. IT'S UNCLEAR WHY THAT WAS EVEN DONE. BUT THOSE NO OTHER PERMITS ARE, UH, SCHEDULED OUT. OKAY. NOW YOU BRING THAT UP FIVE FEET FROM WHAT PROPERTY LINE? SO IT SAYS THAT THE CARPORT WAS BUILT FIVE FEET FROM THE PROPERTY LINE. IT WAS GOING TO BE, BUT NO ONE OBSERVED IT BEING LESS THAN FIVE FEET. THAT'S CORRECT. WELL, IT'S UNCLEAR WITH THAT PARTIAL PERMIT, WHAT EXACTLY TOOK PLACE WITH THAT? THE NOTES ARE AS, UH, MR. ORIAN, UH, PRESENTED. THERE'S NO OTHER NOTES IN THERE. THE SITE PLAN THAT YOU SEE HERE IS WHAT WAS SUBMITTED WITH THE APPLICATION. OKAY. SO NO ONE RECOGNIZED THAT THERE WAS JUST THREE TO FIVE FEET DISTANCE BETWEEN THE HOUSE. A PARTIAL MEANS THAT SOMETHING OCCURRED THAT IT DID NOT PASS, MEANS THAT THEY GOT PARTIAL APPROVAL FOR SOMETHING, BUT NOT FULL APPROVAL. AND BY NOT GETTING FULL APPROVAL, YOU COULD SURMISE THAT IT WAS PROBABLY BUILT WITHIN THE SETBACK. OKAY. THERE ARE NO ADDITIONAL NOTES OR CLARIFICATION ON THAT. SO IT, IT'S UNCLEAR WHAT EXACTLY HAPPENED THREE YEARS AGO. I WAS CONCERNED 'CAUSE IT SAYS, UH, ON HIS NOTE, OKAY, TO COVER ROOF BEFORE THE RAIN NEED TO ADD TO PERMIT. I DIDN'T, I WAS JUST TRYING TO FIGURE OUT WHAT, WHAT THAT WOULD'VE MEANT. MAYBE BECAUSE WE'RE JUST GOING ON WHAT THE THE FUEL LANGUAGES. IT'S, IT'S POSSIBLE THE ROOF WAS EXTENDED OUT. IT'S POSSIBLE THE, THE EXISTING ROOF WAS BEING WORKED ON. I DON'T KNOW. NOT WITHOUT GETTING WITH THAT, UH, INSPECTOR AT THE SAME TIME, THEY ALSO PULLED A PERMIT FOR A, A ROOFING PERMIT AT THE SAME TIME, WHICH HAS BEEN CLOSED. CORRECT. SO THAT COULD'VE HAD SOMETHING. THE ROOFING PERMIT DOESN'T REQUIRE INSPECTION AT THE END. THIS ONE WOULD HAVE. OKAY. WELL IT SEEMS LIKE A FEW THINGS WERE MISSING. MR. MAR, MR. MARTINEZ. YES. JUST TO GET A, A PERSPECTIVE, MR. ION, I HAD TAKEN A PICTURE EARLIER YESTERDAY TO SEE AN IDEA FROM WHERE THE PILLAR IS TO THE HOUSE. SOMETIMES IT GETS KIND OF BLOWN OUT OF SINK, BUT I STOOD THERE BY THE SIDE, SO YOU GET AN IDEA AS TO HOW FAR IT IS. OKAY. SO YOU'RE ALLEGING THOSE, THOSE POSTERS ARE STUCK IN THE GROUND WITH A STRING IS WHERE THE PROPERTY LINE IS? WELL, WE'RE UNSURE. WHEN I TALKED TO, TO MR. DOMINGUEZ, WE WE'RE QUESTIONING AS TO AS TO WHERE IT IS. HE THOUGHT HE MIGHT HAVE TO BRING A SURVEY GROUP OUT THERE TO LOOK AT IT. AM I CORRECT ON THAT? SO THAT'S ALL I CAN TELL YOU ON THAT. JUST UNSURE. BUT WE HAD THOUGHT ABOUT THAT. BUT WHEN I WENT OUT AND LOOKED AT IT JUST DIDN'T MAKE ANY SENSE TO ME. WELL, THE NEIGHBORHOOD BEING THAT AGE COULD HAVE A THREE FOOT SIDE SETBACK AND IT'S QUITE POSSIBLE THAT WOULD BE THE CASE. UM, AND, BUT FROM THE PHOTOGRAPH AND THE PERSPECTIVE WE LOOK AT, THEY LOOK VERY, VERY CLOSE. AND SINCE THIS CARPORT DOES HAVE AN OVERHANG THAT MAKES IT EVEN CLOSER AND THE HOUSE HAS AN OVERHANG THAT GIVES IT EVEN CLOSER. SO WE MAY HAVE AS MUCH AS OR AS LITTLE AS TWO FEET IN DISTANCE BETWEEN THE TWO STRUCTURES THAT, THAT, THAT CONCERNS ME. IT'D BE ONLY BECAUSE OF FIRE SAFETY. UH, BUT, UH, I'M ONE OPINION HERE, BUT, UM, IS THERE ANY OTHER QUESTIONS YOU'D LIKE TO ASK ANYONE ELSE? ELLI? YES, DR. ZO? I, I JUST WANT SOME CLARIFICATION. SO IT, THEY ARE CLOSE FIRE SAFETY IS AN ISSUE. WHAT EXACTLY WOULD BE THE CITY'S PROCESS IF THIS WAS ALLOWED TO STAY AS IS BY RATING THE MATERIALS, THE POSTS, UM, THE SOFFITS FOR THE ROOF. THERE'S QUITE A BIT THAT WOULD BE INVOLVED. A LOT OF STUFF THAT WE WOULDN'T BE FAMILIAR WITH. SO I WOULD HAVE TO RELY ON OUR PERMIT IN OUR, UH, EVALUATORS FOR PERMIT REVIEWERS. THANK YOU. THAT WOULD BE IN THE MODIFICATION OF THE PERMIT. SO AT THAT POINT THEY WOULD HAVE TO REVIEW FOR ALL OF THAT. ALL RIGHT, MR. DOY. YEAH. SO A QUESTION, IF, IF THE NEIGHBORING PROPERTY WERE TO DO A RENOVATION TO THEIR, THEIR HOUSE, ISN'T THERE ABIL, UH, INTERNATIONAL RESIDENTIAL CODE, THAT REQUIREMENT THAT SAYS WINDOWS HAVE TO HAVE THREE FOOT SEPARATION FROM OTHER ITEMS, AND SINCE WE'RE LESS THAN THREE FEET, THIS, WHERE IT LIES IS A, IS AN UNDUE FUTURE BURDEN TO THE NEIGHBOR. ANYTHING LESS THAN THREE FEET REQUIRES THAT YOU LOSE WINDOWS ULTIMATELY. OKAY. YEAH, THAT'S WHAT I THOUGHT. THANK YOU. WELL, THIS COULD CREATE ANOTHER PROBLEM. THAT IS CORRECT. WELL, ULTIMATELY IT'S GOING TO COME DOWN TO THE DISTANCE FROM THAT HOUSE TO THEIR PROPERTY LINE AS FAR AS WHAT THE WORK THEY'RE DOING. OKAY. SO SURVEY'S REALLY GONNA BE ALMOST REQUIRED TO GET A, A REAL HONEST POSITION ON THIS. THAT'S CORRECT. ULTIMATELY, WHEN WE WERE OUT THERE, IT WAS VERY DIFFICULT TO IDENTIFY WHERE THE PROPERTY LINE WAS. OKAY. THE, THE WAY I SEE THIS HERE IS THAT WE IT, BUT WE'VE GOT AN ISSUE THAT WE'VE GOTTA DEAL WITH RIGHT NOW. AND THAT'S WHAT WE HAVE HERE. AND SO YOU'RE, YOU'RE SAYING THAT WE DON'T KNOW WHERE THE PROPERTY LINE IS OR WHETHER IF WHATEVER WE APPROVE CONFINES [02:45:01] OR, OR LIMITS THE RESTRICTION OF THE DISTANCE FROM THE STRUCTURE TO THE PROPERTY LINE? AT THIS POINT, WHAT WE'RE SAYING IS THE ONE FOOT WAS A SAFE MEASUREMENT. OKAY. AND IT'S STILL GOTTA BE FIRE RATED, WHICH MEANS THERE CAN BE SOME WORK'S GONNA HAVE TO BE DONE HERE. THAT'S CORRECT. AND YOU SAY THAT IN THAT, UH, ONE FOOT THAT YOU'RE TALKING ABOUT, THAT'S FROM THE POST OR FROM THE OVERHANG? THAT'S FROM THE POST. SO THE MEASUREMENTS THAT WE HAD WERE FROM THE POST TO THE WALL AND POST TO PROPERTY LINE. THAT DOESN'T EVEN TAKE INTO ACCOUNT THE, THE LENGTH OF THE OVERHANG. OKAY. THAT'S GONNA BE FIRE RATED ANYWAY. SO, UH, I CAN'T SEE ANY, UH, I, I DON'T BELIEVE YOU HAVE ANY ADDITIONAL, ADDITIONAL INFORMATION FOR US ON THAT PARTICULAR ISSUE. THE, THE, THE ONLY THING WE CAN DO IS TO SURVEY THE AREA JUST TO BE SURE IF WE'RE GONNA MAKE A, AN ACCURATE DECISION, WE HAVE TO SURVEY THE AREA. I DON'T THINK WE GET AROUND THAT. YOU CAN SAY YOU CAN, BUT I'M JUST SAYING IF YOU'RE GONNA DO IT ACCURATELY, DO IT. RIGHT. ARE YOU, ARE YOU SPECIFICALLY ASKING FOR, FOR, FOR THE SOMETHING FOR US TO TAKE CONSIDERATION FOR. SO YOU WANNA PULL A SURVEY, YOU'D HAVE TO REQUEST A CONTINUANCE OF THIS CASE, THEN WE WILL ASK FOR A CONTINUANCE. OKAY. THEN I THINK THAT'D BE THE PROPER THING. THAT'S ONE WAY TO APPROACH THIS. ONE IS THAT WE CAN ASSUME CERTAIN THINGS AND HOPEFULLY COMPLY WITH THAT. OR IF YOU WANNA BE DOWN TO THE, TO THE NICKEL IS TO REQUEST, UH, TIME FOR YOU TO PULL A SURVEY. LET ME KIND OF ASK A COUPLE OF QUESTIONS. IS THE CONCERN THAT IT IS LESS THAN ONE FOOT AWAY THEN? YES, I WOULD RECOMMEND THAT A SURVEY BE DONE. BUT IF IT IS MORE THAN ONE FOOT AWAY, THE BOARD HAS THE ABILITY TO SAY, OKAY, YOU KNOW, GIVEN WHAT WAS ADVERTISED AND WHAT'S IN FRONT OF US, WHATEVER THAT OUTCOME IS, YOU CAN BE NO CLOSER THAN WHATEVER YOU AGREE TO TODAY. TRUE. BUT ONE THING THAT WE HAVE ASSUMED IS THAT THOSE POSTS ARE NOT THE EXTENT OF THAT HOUSE. IN OTHER WORDS, THE HOUSE HAS AN OVERHANG THAT EXTENDS BEYOND THAT. SO IF WE SAY ONE FOOT, THEY'RE GONNA CUT THAT PIECE OFF FOR SURE. YES, AND THEY SHOULD BECAUSE IT SHOULDN'T BE CLOSER THAN THREE FEET ANYWAY. QUESTION. THEY, THEY SAY IS THAT THEY WANNA KNOW WHAT THE DISTANCE IS. SO WHAT THEY CAN EITHER MINIMIZE OR, OR DEAL WITH THE ISSUES THAT ARE COMING BEFORE HER. OKAY. OTHERWISE SHE HAS TO COME BACK AND PAY ANOTHER FEE. WELL, OR THE OVERHANG. YES. BECAUSE IF THE OVERHANG IS WITHIN IS LESS CLOSER THAN A FOOT TO THAT PROPERTY LINE, THEN WE GOT AN ISSUE. UH, SO THE ASSUMPTION IS, IS THAT WHATEVER THE BOARD WAS GOING TO APPROVE TODAY, THE POST WOULD BE IT. THE OVERHANG WOULD HAVE TO BE CUT REGARDLESS. YES. BUT WE DON'T KNOW WHERE THE PROPERTY LINE, BECAUSE THIS SAYS IT'S, IT'S THREE FEET FROM THAT NE NEIGHBORHOOD HOUSE. SO WE'VE ADVERTISED IT AS BEING ONE FOOT AWAY FROM THE PROPERTY LINE THEIR POSTS REGARDLESS OF WHERE THE STRUCTURE IS, UH, NEXT DOOR TO THEM. RIGHT. SO, AND THAT'S WHAT I'M PRESENTING TO HIM. IF YOU WANT TO DO THE SURVEY, OBVIOUSLY HE'S GONNA HAVE TO ASK FOR CONTINUANCE IF HE WANTS TO ACCEPT WHAT WE'RE DOING. THERE'S STILL GONNA BE SOME ALTERATIONS DONE TO THE HOUSE REGARDLESS. YES. BUT I THINK THE SURVEY WOULD ONLY COME INTO PLAY IF HIS PLAN WAS TO MOVE THE POST FURTHER OUT. HE DOESN'T GET THE OVERHANG. RIGHT. RIGHT. SO MR. MARTINEZ, SO LET ME POSE A QUESTION THIS WAY. WHAT DOES SHE HAVE TO DO TO FIX THE OVERHANG TO BE ABLE TO BE IN WHAT WOULD BE ACCEPTED UNDER THE VARIANCE? OKAY. WHAT IS IT THAT WE, OKAY, LEMME PUT TO YOU IN COMPLETE DETAILS. FIRST OF ALL, IF WE ACCEPT THE REQUEST AT ONE FOOT AND IT IS ONE FOOT FROM THE POST, THEN EVERYTHING THAT'S WITHIN THAT ONE FOOT HAS TO BE REMOVED. ALSO, THE ENTIRE SIDE OF THE HOUSE WITHIN FIVE FEET OF THE PROPERTY LINE HAS TO BE FIRE RATED SO THAT IN THE EVENT ONE DOESN'T, YOU KNOW, SPREAD FIRE OR ANYTHING LIKE THAT, WHICH WOULD MEAN PROBABLY REPLACEMENT OF THE SIDING AND A LOT OF OTHER PIECES THAT WOULD BE, UH, SUBJECT TO CATCHING FIRE. OF COURSE, IF, IF YOU LOOK AT THIS PICTURE, I, I WOULD SAY THAT IT IS ALMOST FLUSH WITH THE POST MAYBE A SMALL INCH, UM, WHERE THE, WHERE THE ROOF IS THAT WOULD NEED TO BE TRIMMED BACK. BUT I MEAN, WE USUALLY GIVE AN INCH IF IT'S THAT CLOSE. BUT THIS IS, THE OVERHANG IS PRETTY MUCH FLUSH WITH THE POST. WELL, ACCORDING TO GOOGLE MAPS, IT'S NOT, WELL, HERE'S A PICTURE RIGHT HERE THAT SHOWS A LOT MORE ACCURATE THAN GOOGLE. OKAY. SO ALL THE SIDING WOULD HAVE TO COME OFF AND IT'D HAVE TO MOVE IT BACK. [02:50:01] WELL, I MEAN THE SIDING WOULD HAVE TO BE FIRE RATED, SO THAT MAY HAVE TO BE REMOVED ANYWAY, WHAT YOU'RE SAYING IS THAT THE, THAT ONE, EVEN THOUGH WE SAY A FOOT, THAT, THAT YOU WOULD THE GOVERNMENT IN THE PROCESS WOULD ALLOW FOR THE SIDING MATERIAL TO EXTEND CLOSER THAN THE ONE FOOT? NO, I MEAN, I THINK IT'S FLUSHED. THE SIDING MATERIAL IS FLUSHED, BUT WHAT I'M SAYING IS THAT THE SIDING MATERIAL MAY NOT BE FIRE RATED. UH, WHAT I'M SAYING IS THAT THE, THE ROOFING, THE SHINGLES MAY BE AN INCH PAST THE SIDING. WOW, OKAY. I MEAN, AGAIN, THE, THE SIDING, THIS I I WE WOULD DETERMINE THAT THE SIDING IS FLUSHED WITH THE POST. OKAY. I HAVE A QUESTION FOR THE, THE APPLICANT. DO YOU HAVE A GARAGE IN THE BACK? DO YOU USE IT FOR PARKING AT ALL? NO, I DON'T USE IT FOR PARKING. I HAVE STUFF IN THERE THAT MY HUSBAND COLLECTED. 'CAUSE HE WAS A COLLECTOR OF ANTIQUES. OKAY. AND THEN IT LOOKS LIKE YOU HAVE A DOOR ON THE SIDE UNDERNEATH THIS CARPORT IN QUESTION. DOES THAT LEAD INTO YOUR HOUSE? THAT'S THE ONE THAT GOT FLOODED EVERY TIME IT RAINED SIDEWAYS. THAT'S WHY I NEED MY CARPORT. I WOULD HAVE TO RUSH OUT ABOUT THAT MARSH OF WATER. AND DO YOU HAVE ANY STEPS GOING INTO THAT DOOR? IS IT FLUSHED WITH THE CONCRETE OR IS IT RAISED ANY? IT'S A SMALL STEP SIDE TO THE HOUSE, YOU KNOW, ABOUT SO, SO HIGH. OKAY. THANK YOU. UH, BRAGMAN QUESTION FOR STAFF. UM, BESIDES THE SIDING HAVING TO BE FIRE RATED, DO THE POSTS ALSO HAVE TO BE YES, THE POST WOULD'VE TO BE FIRE RATED. UH, THE SOFFITS THERE, AS YOU CAN SEE, WOULD HAVE TO BE FIRE RATED AS WELL. SO ANYTHING WITHIN WHAT DISTANCE OF THE OTHER HOUSE OR PROPERTY LINE? TYPICALLY ANYTHING LESS THAN FIVE FEET START, YOU START FIRE RATING ANYTHING LESS THAN THREE FEET GETS ADDITIONALLY. FIRE RATED ELLI, GO AHEAD. AND THIS IS FOR THE APPLICANT. IF THIS CARPORT WERE ANY MORE NARROW THAN IT CURRENTLY IS, UM, WOULD YOU BE ABLE TO PARK A CAR UNDERNEATH IT? NO MA'AM. I BARELY HAVE THAT MUCH SPACE AND ON THE DOORWAY ABOUT THAT MUCH. I HAVE TO COME OUT SIDEWAYS NARROW. IT IS, SO THIS, I HAVE TO PARK ALL THE WAY THAT WAY SO I CAN HAVE SOME TO OPEN THE DOOR TO GET OUT AND I EVEN GET SIDEWAYS. OKAY. OKAY. THANK YOU. ALL RIGHT THEN. I THINK WE'RE JUST GONNA CONTINUE WITH THIS CASE, THE WAY IT'S PRESENTED AND, UH, WE'LL SEE WHERE WE GO FROM THERE. SO AT THIS POINT I'M GONNA CLOSE THIS MEETING TO THE PUBLIC AND ENTERTAIN A MOTION TEAL MR. TEAL, REGARDING CASE NUMBER BO OA DASH, GO AHEAD. TWO ZERO DASH 0 3 0 0 0 4. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR THE FOUR FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW AN ATTACHED CARPORT TO BE ONE FOOT FROM THE SIDE PROPERTY LINE SITUATED AT 1611 SLE AVENUE. APPLICANT BEING MARGARET SANCHEZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS INSTANCE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THERE'S ADEQUATE SPACE BETWEEN THE CARPORT AND THE ADJACENT PROPERTY AND PROVIDES ROOM FOR MAINTENANCE AND PROPER MITIGATION OF STORMWATER TO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. LITERAL ENFORCEMENT OF THE A OF THE ORDINANCE WOULD RESULT IN AN APPLICANT REMOVING BOTH THE CARPORT FROM THE SIDE SETBACK. THIS WOULD RESULT IN AN UNNECESSARY HEART FINANCIAL HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WITH WILL BE DONE GRANTING THE REQUEST WILL RESULT IN SUBSTANTIAL JUSTICE AS THE REQUESTED SETBACKS WILL STILL PROVIDE FOR A SAFE DEVELOPMENT PATTERN. BOTH REQUESTS PROVIDE FAIR AND EQUAL ACCESS TO AIR LIGHT AND ADEQUATE FIRE SEPARATION FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL 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. IF THE REQUESTED VARIANCE IS APPROVED, THE CARPORT STRUCTURE WILL NOT ALTER THE CHARACTER OF THE DISTRICT, WHICH IN OLDER NEIGHBORHOODS SUCH AS THIS, IT IS COMMON FOR STRUCTURES TO BE LOCATED WITHIN THE SIDE. SETBACKS ESTABLISHED BY THE CURRENT UNIFIED DEVELOPMENT CODE SIX, [02:55:01] 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 CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF THE GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE DUE TO THE LAYOUT OF THE EXISTING DRIVEWAY, THE LIMITED SIZE OF THE LOT ESTABLISHING THE CARPORT WOULD NEED APPROVAL DUE TO LIMITED AMOUNT OF SPACE WITHIN THE SIDE PROPERTY. END OF MOTION. ALRIGHT, DO I HAVE A SEC? SECOND. ALRIGHT, I GO AHEAD AND START THE DISCUSSION. MR. THIEL? YES, SIR. UH, I'LL BE IN SUPPORT OF THIS. UM, I I THINK IT'S REALISTIC THAT WE CAN ASSUME THAT WHEN SHE DOES GO TO PULL THE NEW PERMIT, UM, THE ITEMS WILL BE FIRE RATED. UM, SIMPLY REMOVING IT FROM THE PROPERTY ACTUALLY PUTS HER IN DANGER OR HARM, WHICH ARE THINGS THAT, THAT WE'RE LOOKING AT, UM, FROM MULTIPLE DIFFERENT ANGLES. SO AGAIN, I'LL BE IN SUPPORT, ANA. YEAH, I THINK WELL KIND OF HESITANTLY, UH, GOING TO APPROVE IT, BUT I WOULD STRONGLY SUGGEST THAT YOU HAVE A PROPER SURVEY DONE ON THIS PROPERTY, UH, IN THE EVENT ANY FUTURE, UH, NEEDS, UH, WHICH ARE PROBABLY NOT ANTICIPATED, BUT IT'S ALWAYS GOOD TO HAVE A GOOD LINE ON YOUR PROPERTY TO FIND OUT WHERE YOU ARE AND WHERE YOU'RE NOT. SO THAT WAY YOUR NEIGHBOR DOESN'T HAVE TO PUT UP A NO TRESPASSING ZONE SIGN ON THEIR PROPERTY. BUT, UM, UM, YEAH, YOU WILL HAVE TO COMPLY WITH ALL THE PERTINENT CODES AND STIPULATIONS THAT WILL BE REQUIRED FOR YOU. BUT YES, I, I I THINK I WILL BE SUPPORTING IT. VERY GOOD. ANYONE ELSE? NONE BEING THE CASE. LET'S GO AHEAD AND TAKE THE VOTE. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. KEANU. YES, I CONCUR. DR. ELLI, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. ORIAN? UH, NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. BRITTON? YES. MS. ENGLER? YES. MR. MANNA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. RAVINA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ, I INCUR FINDING THE FACT THE VOTE WAS, UH, DID NOT PASS. YOU'RE EIGHT TO THREE. SO, UH, DO WE HAVE ANY RECONSIDERATIONS ON THIS PARTICULAR CASE? ANY, ANY, UH, COUNTER MOTIONS? I DON'T, I DON'T HAVE AN ISSUE WITH IT BEING, UH, IT NEEDS TO BE MORE THAN A FOOT. I, I, I DON'T, I CAN'T BE IN AGREEANCE WITH THIS AS IT, IT'S TOO MUCH OF A DETERRENT TO THE NEIGHBOR. ALL RIGHT. OKAY. THAT BEING THE CASE, THE VOTE IS FI IS FINAL. I'LL MAKE A MOTION TO YOU WANNA MAKE COUNTER? WELL, FIRST YOU HAVE TO DO A MOTION TO RECONSIDER. OKAY. AND YOU WOULD LIKE MAKE A MOTION TO RECONSIDER. I MOVE TO RECONSIDER. ALL RIGHT. I BELIEVE WE CAN DO A HAND VOTE ON THIS. UM, I WOULD DO A VOICE. I I WOULD DO A ROLL CALL. VOTE. WELL, OKAY THEN. UH, DO WE NEED A SECOND? I BELIEVE WE NEED A SECOND. SECOND. ALL RIGHT. WHO WILL SECOND THAT? HANNAH. OKAY. ALL RIGHT. DO WE HAVE A MOTION AND A SECOND FOR RECONSIDERATION? WE GO TAKE THE VOTE. MR. ORIAN? YES. MR. MANNA? YES. MR. THIEL? YES. DR. TERELLI? YES. MS. BRAGMAN? YES. MS. CRUZ? YES. MR. BRITTON? NO. MR. KEANU? YES. MS. ENGLER? YES. MR. VINNO? YES. MR. MARTINEZ? YES. OKAY. A MOTION HAS BEEN PASSED TO RECONSIDER, UH, AND DO WE HAVE, UH, A, A CHANGE OF MOTION OR ORIAN REGARDING CASE NUMBER BO O A DASH 20 DASH OH 3 0 0 0 4? I MOVE TO THE BOARD OF ADJUSTMENT, GRANTED REQUEST FOR A THREE FOOT VARIANCE FROM THE FIVE FOOT SETBACK TO ALLOW ATTACHED COURT CARPORT TO BE TWO FEET, UH, FROM THE SIDE PROPERTY LINE SITUATED AT 1611 [03:00:01] SLE AVENUE, APPLICANT BEING MARGARET SANCHEZ. BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS WE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL, THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A NECESSARY HARDSHIP. DO I HAVE TO READ THE WHOLE THING OR DOES IT, CAN I JUST, YOU CAN, YOU CAN ACTUALLY SAY IT AS SPECIFIED BEFORE AS PREVIOUSLY SPECIFIED. ALRIGHT. UH, HOWEVER, BEFORE WE CONTINUE THIS, UM, IT'S, IT'S PRETTY MUCH BEEN NOTED IN THE PREVIOUS TESTIMONY THAT REDUCING IT BY UH, TWO ADDITIONAL FEET WOULD NOT ALLOW A CAR TO PASS THROUGH IT. WOULD YOU LIKE TO THINK ABOUT THAT A BIT BEFORE? I KNOW THE, THE PROBLEM HAVING IS, IS THAT I'M, I, I CAN'T, I CAN'T BE IN AGREEANCE WITH THIS STRUCTURE BEING THAT CLOSE TO THE NEIGHBORING PROPERTY. IF THERE'S A WAY FOR THEM TO CONSTRUCT A CANTILEVER DEVICE, THAT'S ONE THING, BUT TO, TO ADDRESS THE DRAINAGE ISSUE. BUT I, I JUST CAN'T BE IN SUPPORTIVE OF BEING THAT CLOSE. ALRIGHT. SO WE HAVE A MOTION. DO YOU, WE HAVE A SECOND. ALL RIGHT. DO WE NEED ANOTHER MOTION FOR RECONSIDERATION? ALL RIGHT. NOW WE HAVE AN ISSUE AT, UH, WE HAD, THERE'S, THERE'S NO SECOND. THEN THE MOTION DIES. THAT'S WHAT I WAS ABOUT TO SAY. I SAID WE HAVE, WE'VE HAD A REQUEST FOR RECONSIDERATION AND THEN IT DIED TO LACK OF INTEREST. OKAY. SO ESSENTIALLY, UH, THE MOTION FAILS AS ORIGINALLY PRESENTED. ALL RIGHT. CAN'T RE RECONSIDER RECONSIDERATION. SO THAT'S AS FAR AS I CAN GO. ALL RIGHT. THANK YOU VERY MUCH. I'M SORRY, BUT, UH, WE'LL HAVE TO FIND ANOTHER ALTERNATIVE IN THIS PARTICULAR ISSUE THAT YOU, ALL RIGHT. ALRIGHT, GO AHEAD [8. 20-2311 BOA-20-10300015: A request by Rafael Sanchez for a 1’10” variance from the 5’ side setback requirement to allow a residential dwelling unit to be 3’2” away from the side property line, located at 1133 91st Street. Staff recommends Approval. (Council District 3) (Justin Malone, Planner (210) 207-0157, justin.malone@sanantonio.gov, Development Services Department)] AND START THE NEXT CASE. B O A CASE TWO ZERO. UH, 1 0 3 0 0 1 5 0 0 0 1 5. ADDRESS, UH, SUBJECT PROPERTY IS 1 1 3 3 90 FIRST STREET, APPLICANT RAFAEL SANCHEZ. UH, FOR A REQUEST FOR A ONE FOOT EIGHT INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A RESIDENTIAL DWELLING TO BE DWELLING UNIT TO BE THREE FOOT TWO INCHES AWAY FROM THE SIDE PROPERTY LINE. THE ZONING IS R FIVE RESIDENTIAL SINGLE FAMILY. THE APPLICANT BUILT A NEW RESIDENTIAL STRUCTURE ON A CORNER LOT WITH THE FOUNDATION OF THE RESIDENCE EXCEEDING THE FIVE FOOT SETBACK BOUNDARIES ALONG THE SIDE. PROPERTY LINE. A RESIDENTIAL BUILDING PERMIT WAS ISSUED ON SEPTEMBER 20TH, 2019, AND ALL BUILDING PLAN REVIEWS WERE COMPLETED. THE APPLICANT STATED THAT HE WILL NOT BE ADDING ANY ADDITIONAL ENCROACHMENTS ON THE SIDE OF THE PROPERTY, ONLY KEEPING THE EXISTING BUILT FOUNDATION AS IS DURING SITE VISITS. STAFF NOTED THAT THE RESIDENTIAL STRUCTURE IS NOT VIOLATING ANY SETBACK GUIDELINES ON NEIGHBORING PROPERTIES, WITH THE EXCEPTION OF THE SETBACK VARIANCE BEING REQUESTED. THE SITE PLAN, THE LOWER PORTION OF OF IT, UH, WITH THE 91ST STREET IS THE SECTION THAT IS REQUESTING THE VARIANCE OBJECT PROPERTY. THIS IS ACTUALLY THE SIDE OF THE PROPERTY, AND THIS WILL BE THE FRONT OF THE PROPERTY, UH, WITH THE FRONT PORCH THERE ON THE LEFT PUBLIC PROPERTY DRIVEWAY TO THE REAR NEIGHBORING PROPERTIES. ADJACENT PROPERTY, THE SIDE YARD SETBACK TO THE NORTH SHOWING 80 INCHES SIDE YARD SETBACK TO THE SOUTH THAT RECOMMENDS APPROVAL OF VARIANCE IN BOA 2 0 1 0 3 0 0 0 1 5 BASED ON THE FOLLOWING FINDINGS, FACT, THE REQUESTED VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THE DISTRICT. AND TWO, ADEQUATE SPACE WILL BE UTILIZED TO PREVENT STORMWATER RUNOFF, MAINTENANCE OF PROPERTY AND MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS MAILED 17 NOTIFICATIONS, WE RECEIVED ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO NEIGHBORHOOD ASSOCIATION ASSOCIATED WITH THIS PROPERTY. IF FOR ANY QUESTIONS. ORIAN, GO AHEAD. MR. ORIAN, I NOTICED THAT FROM THE VARIOUS MAPS THAT THERE'S NO, UH, UH, PEDESTRIAN SIDEWALKS ON THIS OR THE ABUTTING LOTS. IS THERE GOING TO BE A SIDEWALK THERE AT SOME POINT? DOESN'T LOOK LIKE THERE'S ANYTHING HERE. I DIDN'T SEE ANYTHING IN THE SITE PLAN. OKAY. SOME NEIGHBORS, SOME NEIGHBORS JUST DON'T HAVE SIDEWALKS. ANY ANY OTHER QUESTIONS FOR STAFF [03:05:01] THEN? ALRIGHT, LET'S BRING APPLICANT, I'M SORRY, MR. MR. THIEL THOUGHT THE CITY REQUIRES A FORM SURVEY THAT PREVENTS THIS FROM HAPPENING. I KNOW I WAS SUBJECT TO IT ON THE LAST HOME I BUILT MAYBE WHY THEY'RE COMING HERE TO RECTIFY THAT ONCE THEY DID THAT, BUT WE DON'T GET A COPY OF THAT AS PART OF THE APPLICATION AND A BRIEF EXPLANATION OF WHAT YOU'RE ASKING FOR. OKAY. GOOD AFTERNOON. MY NAME IS RAFA SANCHEZ, 19 2 1 5 PARKLET BAY, SAN ANTONIO, TEXAS 7 8 2 5 8. UH, AS YOU SEE, THIS IS A VERY UNIQUE LOT. UH, THE REASON THE CUL-DE-SAC, SO THE HUM GEOMETRY OF THE, OF THIS LOT IS VERY COMPLICATED BECAUSE AS YOU SEE, WE HAVE THIS CUL-DE-SAC. WE HAVE TO GO TO THE APPROACH OF THE FRONT, THE FRONT OF THE, OF THE HOUSE IS NOT, UH, THE 91 STREET. IT'S THE OTHER ONE, THE ONE YOU SEE HERE IN THE CARPORT. SO THAT'S WHY WE DO THIS CARPORT. AND THEN ALSO WE, SINCE THE BEGINNING WHERE WE TALK TO THE, TO THE CITY, UH, TO THE THREE DEPARTMENT, WE WERE TALKING TO THEM THAT, UH, WE WANNA SAVE THESE TWO BIG TREES THAT WE HAVE HERE. AND THEN ONE OF THEM IS IN THE, IN THE EAST SIDE. SO WE WILL TRY TO, TO KEEP IT, OF COURSE, BECAUSE IT, IT IS A VERY UNIQUE AND VERY GREAT TREE. AND WE HAVE ANOTHER ONE IN THE NORTH SIDE. UM, ALL UTILITIES ARE IN THE NORTH, SO WE DON'T HAVE ANYTHING. THE SOUTH SIDE, THAT'S WHAT WE HAVE THIS ISSUE. SO I THINK, UM, UM, BUT SOMETHING THAT COMES OF COURSE, THAT'S JUST NOT, NOT, IT'S NOT, UH, NEVER HAPPENED TO ME BEFORE IN, IN OUR EXPERIENCE, BUT, UH, THINGS HAPPEN. SO, UH, SO WE ARE HERE. OKAY. UH, DO WE HAVE ANY QUESTIONS FROM THE, FROM THE BOARD? ORIAN? GO AHEAD. YEAH. UH, THE FILE SHOWS, UH, IN THE BUILDING PERMIT REVIEW THAT HAD TO GET A CERTIFICATE OF APPROPRIATENESS FROM HISTORIC. DID ANY OF THESE ISSUES, WERE THEY RAISED AT ALL REGARDING SETBACKS? NO. NOTHING. OKAY. THANK YOU. ANY ADDITIONAL QUESTIONS? OKAY. DONE FROM THERE, DO WE HAVE ANY WITNESSES IN THIS CASE? NO WITNESSES SIGNED IN TO SPEAK ON THIS CASE. ALL RIGHT. ALL RIGHT. THEN I'M GONNA GO AHEAD AND CLOSE THIS TO THE PUBLIC. AND I'M SOUGHT REALLY? I, I AM CONFUSED. OH, GO AGAIN. SORRY. UM, CAN WE GO BACK TO THE SITE, THE SITE PLAN? OKAY. THERE'S A POINT OF ENCROACHMENT THAT'S NOT, THAT, UM, IS NOTED ON THE TOP OF THE PAGE. IF YOU LOOK DOWN THE LITTLE ARROW GOING, UM, TOWARD THE CUL-DE-SAC MM-HMM. . AND THEN IS, IS THAT INCLUDED IN THE, UM, IN WHAT WAS POSTED? ARE WE DISCUSSING THAT ONE THAT AT ALL? NO, ACTUALLY ACT, YES. I UNDERSTAND THAT. IT'S IN THE PLAT. OH, YOU, YOU'RE TALKING ABOUT THIS MOTION RIGHT HERE? YEAH. I BELIEVE THIS IS WHAT WE'RE DISCUSSING HERE. YEAH. WE'RE ONLY DISCUSSING THE ONE THAT'S ON THE, TOWARD THE BOTTOM OF THE PAGE, BUT, UM, BUT THERE'S ACTUALLY TWO POINTS OF ENCROACHMENT PRESENTED ON THE SITE PLAN. MY UNDERSTANDING THAT ORIGINALLY THIS THING WAS PLATTED TO BE, UH, PROBABLY A 20 FOOT SI SITE BACK, SIT BACK. BUT, UM, CITY'S NOT REALLY EN ENFOR ENFORCING PLATTS ANYMORE. SO I DON'T KNOW WHAT THEY'RE DOING IN REGARD TO THAT, BUT YES, IT'S FAIRLY OBVIOUS. THAT'S CORRECT. WE DON'T ENFORCE A BUILDING SETBACK LINE ON A PLATT. NO. WE ONLY ENFORCE OUR SETBACK LINE AND OUR FRONT SETBACK LINE IS 10 FEET. ABSOLUTELY. THAT'S THE 20 FOOT. YES. THANK YOU. THAT'S WHY THESE NEW HOMES ARE ALL 10 FEET FROM THE STREET. OKAY. I AM NO LONGER CONFUSED. THANK YOU. THANK YOU, . ALL RIGHT. I'M STILL CLOSING THIS TO THE PUBLIC. YOU MAY HAVE A SEAT. AND I NEED MOTION TEAL REGARDING [03:10:01] CASE NUMBER BO O A TWO ZERO DASH 1 0 3 0 5. I MOVE TO THE BOARD OF ADJUSTMENT GRANT, THE ONE FOOT 10 INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK TO ALLOW A RESIDENTIAL DWELLING UNIT TO BE THREE FOOT, TWO INCHES FROM THE SIDE PROPERTY LINE SITUATED AT 1 1 3 3 90 FIRST STREET, APPLICANT BEING RAFAEL SANCHEZ. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. IN THIS CASE, THE VARIANCES ARE NOT CONTRARY TO THE PUBLIC INTEREST, AS THE STRUCTURE WILL PROVIDE FOR MAINTENANCE, WILL NOT CREATE WATER RUNOFF ON THE ADJACENT PROPERTY, AND WILL NOT INJURE THE RIGHTS OF THE ADJACENT PROPERTY OWNERS. THE PROPOSED STRUCTURE ABIDES BY ALL OTHER SETBACK GUIDELINES, AND NO PORTION OF THE STRUCTURE WILL BE IN VIOLATION OF THE CLEAR VISION FIELD. TWO, DUE TO SPECIAL CONDITIONS, THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN A HARDSHIP. THE LITERAL ENFORCEMENT OF THE ORDINANCE WOULD REQUIRE THE OWNER TO DEMOLISH A LARGE PORTION OF THE ATTACHED ADDITION. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED IN SUBSTANTIAL JUSTICE WILL BE DONE BY GRANTING OF THE REQUESTED VARIANCES, WOULD BE IN HARMONY WITH THE SPIRIT OF THE ORDINANCE. THE INTENT OF THE SETBACK REQUIREMENTS IS TO PROVIDE, PREVENT UNNECESSARY TRESPASS ON ADJACENT PROPERTY AND ALLOW FOR MAINTENANCE, FIRE SAFETY, AND ENSURE PROPER STORMWATER MANAGEMENT. ALL OF THESE INTENTS WILL STILL BE MAINTAINED WITH THE GRANTING OF THIS REQUEST. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR A DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCES WILL 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. THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OF THE CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE. THE CHARACTER OF THE REAR AND SIDE YARDS WITHIN THE DISTRICT ARE PREDOMINANTLY COMPACT, LEAVING LITTLE ROOM FOR PROPER BUILDING SETBACKS. END OF MOTION. SECOND. THIS SEEMS PRETTY STRAIGHTFORWARD TO ME. IT'S A SMALL ENCROACHMENT, UM, INTO WHAT APPEARS TO BE THE CITY RIGHT OF WAY. UM, I'LL BE IN SUPPORT. YEAH. I AGREE WITH MY COLLEAGUE. UH, THERE'S NO ABUTTING PROPERTY OWNER, UH, THAT, THAT IT WAS, THAT WOULD BURDEN. THERE'S NO, UH, SIDEWALK APPARENTLY PLANNED THAT THERE'D HAVE TO BE A LOT OF PEDESTRIANS GOING TOO CLOSE TO THE HOME. SO ALL BE IN SUPPORT OF THIS APPLICATION. ALL RIGHT. ANYONE ELSE? OKAY, LET'S TAKE THE VOTE. MR. TEAL. I CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. YES. I CONCUR WITH THE FINDINGS OF FACT. DOCTORS ELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. BRITTON? YES. MR. KEANO? YES, I CONCUR. MS. ENGLER? YES, I CONCUR. MR. JIMA. I CONCUR WITH THE FINDINGS OF FACT. MR. VINEO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION CARRIES UNANIMOUSLY. THEREFORE, UH, YOUR VARIANCE HAS BEEN APPROVED. THANK YOU FOR YOUR TIME. WE HAVE ONE [9. 20-2229 BOA-20-10300019: A request by Christine Young for a 2’10” variance from the 5’ side setback requirement to allow a deck, carport, and detached accessory dwelling unit to be as little as 2’2” away from the side property line, located at 222 Brightwood Place. Staff recommends Approval. (Council District 10) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)] MORE CASE. WE HAVE ONE MORE CASE. THIS IS FOR B O A WE, WE MAKE OUR MILITARY WAIT THIS LONG . IT'S FOR B O A 2 0 1 0 3 0 0 0 1 9. ADDRESS, 2, 2 2 BRIGHTWOOD PLACE. APPLICANT CHRISTINE YOUNG IS A REQUEST FOR A TWO FOOT 10 INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DECK CARPORT AND DETACHED ACCESSORY DWELLING UNIT TO BE AS LITTLE AS TWO FEET AND TWO INCHES AWAY FROM THE SIDE. PROPERTY LINE ZONING IS NEIGHBORHOOD PRESERVATION DISTRICT. THE APPLICANT IS REQUESTING TO REMODEL AND UPGRADE THE EXISTING, UH, ACCESSORY DETACHED DWELLING UNIT IN THE REAR PROPERTY WITHIN THE SIDE SETBACK TO CURRENT CODE. THE, UH, ACCESSORY DETACHED DWELLING UNIT WILL MAINTAIN THE CURRENT SIZE AND THE EXTERIOR CONFIGURATION. THE APPLICANT ALSO HAS AN EXISTING CARPORT DECK DECK THAT IS WITHIN THE SIDE SETBACK. SO ALL STRUCTURES WERE LISTED WITHIN THIS VARIANCE. UH, THE SUBJECT'S PROPERTY IS LOCATED, UM, ADJACENT TO AN APPROVED ALLEY. ONE HALF OF THE ALLEY, UP TO A MAXIMUM OF 15 FEET MAY BE CONSIDERED AS PART OF THE MINIMUM REAR SI UH, REAR SETBACK. THUS NO REAR SETBACK VARIANCE IS REQUIRED FOR THE CARPORT AND DETACHED ACCESSORY DWELLING UNIT. THE CHARACTER OF THE NEIGHBORHOOD [03:15:01] CONSISTS OF COMPACT LOTS, SINGLE FAMILY RESIDENCES WITH DETACHED ACCESSORY STRUCTURES WITHIN THE REAR PROPERTIES AND ACCESS FROM THE IMPROVED ALLEY. AND THIS IS THE SITE PLAN. THIS IS THE FRONT OF THE PROPERTY AND WE CANNOT SEE THE STRUCTURES FROM THE FRONT. THIS IS THE REAR FROM THE IMPROVED ALLEY. THAT IS THE CARPORT. AND THIS IS THE SIDE YARD. THIS IS THE SIDE YARD ME MEASUREMENT. THIS IS THE ACCESSORY DETACHED DWELLING UNIT AND THE DECK AND AN ALLEY THAT RECOMMENDS APPROVAL WITH VARIANCE AND BO A 21 0 3 0 9 BASED ON FOLLOWING FINDINGS OF FACT. NUMBER ONE, THE REQUESTED VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THE DISTRICT. AND TWO, ADEQUATE SPACE WILL BE THE LIES TO PREVENT STORE MODEL RUNOFF, MAINTENANCE, PROPERTY, AND MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS. WE MOUNT 13 NOTICES, ONE IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE NEIGHBORHOOD ASSOCIATION. ANY QUESTIONS? ONLY QUESTION I HAVE IS THAT WHAT CITY HAVE WE, IS SHE ADJACENT TO? THAT WAS, UH, ALAMO HEIGHTS. OKAY. I NOTICED THAT NOBODY WAS QUESTIONED OVER THERE. . UH, ALSO WAS THIS, HOW WAS THIS CASE GEN GENERATED BY THE APPLICANT? VERY GOOD. OKAY. ORIAN. SO YOU HAD MADE A COMMENT THAT THE, UH, ACCESSORY STRUCTURE WAS ALREADY EXISTING? YES. UH, WAS THIS THE DETACHED GARAGE THAT WAS BUILT IN 49 THAT YOU'RE TALKING ABOUT 1950S? YES. OKAY. 49 50. ALL RIGHT. ANY ADDITIONAL QUESTIONS FOR STAFF? LET'S BRING THE APPLICANT FORWARD. GOOD AFTERNOON. I'M CHRISTINE YOUNG. MY ADDRESS IS 2 2 2 BRIGHTWOOD PLACE. UM, I PURCHASED THIS HOUSE APPROXIMATELY A YEAR AGO WHEN I RECEIVED ORDERS TO PORT SAM HOUSTON. AND INITIALLY WHEN I BOUGHT THE HOUSE, I WAS JUST GONNA USE THAT AS A STORAGE AREA. UM, BUT IN THE LAST SIX MONTHS, UM, MY SON HAS HAD SOME P T SS D ANXIETY FROM THE LOSS OF HIS DAD. UH, MY DEPLOYMENTS AND I HAVE NO FAMILY CARE HERE SINCE I'M FROM SAN DIEGO. AND MY MOM IS GOING TO BE COMING TO STAY WITH ME ON A REGULAR BASIS. SO I WANNA TURN IT INTO A SAFE HABITABLE UNIT THAT SHE CAN STAY WHEN I NEED HELP WITH, IF I HAVE TO DEPLOY OR IF MY SON AND DAUGHTER NEED ASSISTANCE. SO WE'RE GONNA MAINTAIN THE INTEGRITY OF THAT SPACE. WE JUST WANNA BE ABLE TO MAKE IT SAFE AND HABITABLE. NO ONE SIGNED IN TO SPEAK YOUR MIC. WE CAN'T HEAR YOU. REMEMBER, THIS IS VIDEOTAPED. YES. YOU NEED TO BE IN THE MIC. OKAY. I'M CLOSING THIS TO THE PUBLIC. AND SO LET'S GO AHEAD AND, UH, UH, MAKE A MOTION HERE. CRUZ. MS. CRUZ, REGARDING CASE NUMBER BO EIGHT 20 DASH 1 0 3 0 0 0 1 9. I MOVE THAT THE BOARD OF ADJUSTMENT GRANTED TWO FOOT 10 INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A DECK, CARPORT AND DETACH ACCESSORY DWELLING UNIT TO BE AS LITTLE AS TWO FEET, TWO INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED 2 2 2 BRIGHTWOOD PLACE. APPLICANT BEING CHRISTINE YOUNG, 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 U D C AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, THE PUBLIC GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. IN THIS CASE, THE ACCESSORY DETACHED DWELLING UNIT PROVIDES ADEQUATE HA HABITABLE LIVING SPACE, WHILE ALSO MAINTAINING A REAR INSIDE SETBACK FOR ACCESSIBILITY TO LIGHT, AIR AND OPEN SPACE. THE ATTACHED DECK AND CARPORT ALSO MAINTAIN ADEQUATE SPACE FOR FIRE SEPARATION TO DUE TO THE SPECIAL CONDITIONS. A LITTLE, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE COMMUNITY IS CHARACTERIZED BY DETACHED ACCESSORY STRUCTURE BUILT BEFORE 1949 WITHIN SETBACKS ESTABLISHED AFTER THEIR DEVELOPMENT. LITTLE LITERAL ENFORCEMENT [03:20:01] OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BY PROHIBITING THE OWNER TO UTILIZE THE ACCESSORY DETACHED DWELLING UNIT AS A HABITAL SPACE AS IT IS INTENDED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS IN THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE INTENT OF THE SETBACK LIMITATION IS TO PREVENT FIRE SPREAD, ALLOW ADEQUATE SPACE FOR MAINTENANCE, AND ENCOURAGE PROPER STORM WATER DRAINAGE. ALL INTENTS OF THIS LAW WILL BE OBSERVED AS APPROVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE ASSAULT IS LOCATED. THEIR VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. 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. THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OR CHARACTER OF THE ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT. SPECIFICALLY, THE STRUCTURES ARE LOCATED WITHIN THE REAR OF THE PRIMARY RESIDENCE AND NOT VISIBLE FROM THE FRONT PROPERTY. THE STRUCTURES, THE VARIANCES ARE REQUESTED FOR FOLLOWS A STRICT NORM OF REDUCED SETBACKS BUILT WITHIN THE AREA. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOW CREATED BY THE OWNER OF THE, THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL, ARE NOT DUE TO THE, TO OR RESULT OF GENERAL CONDITIONS IN WHICH THE PROPERTY IS LOCATED. THE, THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO GENERAL CONDITIONS OR THE DISTRICT, NOR DUE TO THE OWNER. AND IT'S NOT FINANCIAL IN NATURE. THE CHARACTER OF REDUCED LOT SIZES WITHIN THE DISTRICT IS UNIFORM, LEAVING LITTLE ROOM FOR PROPER BUILDING SETBACKS AND OF MOTION. SECOND. ALL RIGHT. UM, WE HAVE MOTION A SECOND. I NEED A DISCUSSION. UM, YES. UM, I WILL APPROVE THIS. UH, I THINK, UH, WITH THE, UH, ACCESSORY BUILDING, UH, BEING IN THE BACK, AND OF COURSE WITH THE, UH, ALLEY IN THE BACK, THERE SHOULD BE NO PROBLEMS WITH THIS. THANK YOU. ALL RIGHT, MS. ANO. SAY, SAY SOMETHING HERE. WELL, BEING A, A VETERAN AND A AND A RETIREE, I UNDERSTAND ALL THE TERMINALS THAT Y'ALL HAVE, HAVE TO PUT UP WITH. AND, UH, MY HAT'S OFF TO YOU AND, UH, WISH ALL THE SUCCESS IN THE WORLD, AND I INTEND TO SUPPORT THIS WHOLEHEARTEDLY. VERY GOOD. UH, ANYBODY ELSE? NO. LET'S GO AHEAD AND TAKE A VOTE. MS. CRUZ? YES, I CONCUR. MR. KEANO. YES, I CONCUR. MR. THIEL. YES, I CONCUR WITH THE FINDINGS OF FACT. DR. ELLI. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. BRITTON. YES. MS. ENGLER? YES, I CONCUR. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. VINNO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. MOTION CARRIES. AND, UH, GOOD LUCK WITH YOUR MILITARY SERVICE. THANK YOU FOR YOUR SERVICE. ALL RIGHT. UH, I BELIEVE THAT WAS OUR LAST CASE. NEXT ITEM FOR [10. 20-2254 Consideration and approval of the February 17, 2020 Board of Adjustment Minutes.] DISCUSSION, UH, THE MINUTES IS EVERYONE HAD A CHANCE TO REVIEW THEM? CHAIR? I HAVE A CORRECTION. ALRIGHT, UH, UH, I RECUSE FROM ITEM NUMBER TWO AND IT LISTS A CASE BO O A DASH 19 DASH OH 3 0 1 3 1. BUT THE CASE I RECUSE FROM IS BO O A DASH 20 DASH OH 3 4 0 AND TWO. SO IF THOSE, IF THAT COULD BE CORRECTED, THAT'D BE GREAT. WHICH ONE PAGE WAS THAT? I'M TRYING TO, UH, IT'S ON, ON SECOND PAGE, I THINK. THIRD, THIRD PAGE. IT'S AGENDA ITEM NUMBER TWO, RIGHT? UH, YES. OKAY. WITH THAT, WHAT WE CAN MAKE THAT CORRECTION. GREAT. THANK YOU. AND THAT WAS ON THE VOTE? OR NO, IT WAS JUST OH, OKAY. THAT'S WHAT I WAS TRYING TO FIGURE OUT WHAT WAS GOING ON. OKAY. ALRIGHT, VERY GOOD. ALRIGHT, ANY OTHER ISSUES COMING UP? BUT WE'VE TAKEN CARE OF THE VOTE ISSUES. UM, THERE IS SOMETHING [03:25:01] THAT, UH, I WANT TO BRING UP FOR, UM, THE, THE NEXT MEETING, OR ACTUALLY THIS IS AN, UM, CAN I MAKE A, A ISSUE OF, UH, OPENING UP A MEETING FOR ON THE, I THINK WHAT DAY WAS THAT? APRIL WHAT? SIX. OH, MARCH 16TH. WE'D, UH, THE BOARD IS, UH, WOULD LIKE TO RECOMMEND ANYONE WILLING TO ATTEND. WE'RE GONNA HAVE A DISCUSSION ABOUT THE TAC. UH, WE WILL DO IT ABOUT 11 O'CLOCK ON THAT DAY. UM, SO WE CAN GET, UH, SO WE CAN MAKE OUR, HOW WE'RE GOING TO SUBMIT OUR INFORMATION TO THE TAC SO THAT THE STAFF HAS ENOUGH TIME RES TO ORGANIZE IT AND SO THAT, UH, AND WE CAN VOTE ON IT ON THE NEXT FOLLOWING MEETINGS. OH. SO WE'RE GONNA ACTUALLY HAVE TWO ITEMS, UH, FOR WORK SESSION DISCUSSION ON MARCH 16TH. AND, UH, WE'LL HAVE THE PRELIMINARY DISCUSSION FOR, UH, B O A ITEMS. AND THEN WE ALSO ARE, UM, HAVING A PRESENTATION BY THE NEIGHBORHOOD HOUSING SERVICES DEPARTMENT RELATED TO, UH, THE NEIGHBORHOOD ASSOCIATION REGISTRY. UH, THEY'RE TRYING TO REACH OUT TO ALL OF THE BOARDS AND COMMISSIONS AND HOW THEY UTILIZE THAT NEIGHBORHOOD REGISTRY WHEN IT COMES TO, UH, CASES THAT COME BEFORE YOU. UH, SO THEY ARE LOOKING TO MAKE IMPROVEMENTS TO THEIR POLICY, UH, BECAUSE AGAIN, IT IS A COMMUNICATION TOOL AND THEY JUST WANNA BE SURE THAT THAT IS, UM, WHAT UH, THE BOARDS AND COMMISSIONS ARE U UTILIZING IT AS. SO WE'LL HAVE TWO PRESENTATIONS THEN. ALRIGHT, SO YOU'RE TELLING US NOW THAT WE'RE GONNA MEET AT 11 O'CLOCK AGAIN FOR NEXT MEETING. I THINK WE CAN DO IT, UM, AT STARTING AT 11. BUT WE WOULD LIKE TO START AT 11 TO MAKE SURE THAT WE HEAR FROM N H SS D AND THEN WE WILL DO OUR, UH, PRELIMINARY U D C DISCUSSION BECAUSE WE'LL STILL HAVE ONGOING U D C UH, DISCUSSIONS IN APRIL AS WELL IN TIME FOR THE MAY SUBMITTAL. OKAY, GO AHEAD. YEAH, THE, THE, THE PURPOSE OF THE REQUEST WAS TO HAVE AN OPPORTUNITY FOR INTERESTED MEMBERS OF THE B O A TO, TO GET TOGETHER AND, AND JUST TALK ABOUT THINGS THAT WE WOULD LIKE TO, TO PRESENT. 'CAUSE I KNOW NOT ONLY DO WE HAVE TO TALK ABOUT IT, WE NEED TO MAKE SURE THAT WE'RE ALL ON THE SAME PAGE OF WHAT WE'D LIKE TO SEND FORWARD. AND WE'D LIKE TO HEAR YOUR OPINION IF THERE'S ANY SORT OF, UH, GRAMMATICAL OR, OR PROCEDURAL ISSUES AND HOW WE NEED TO DO IT. AND THEN WE NEED TO HAVE ENOUGH TIME TO HAVE IT BECOME BEFORE THE BOARD FOR DELIBERATION IN ACTION PRIOR TO MAY 1ST. CORRECT? CORRECT. SO THAT'S AND WE'RE RUNNING OUTTA TIME. WE'RE RUNNING OUTTA TIME. YES. SO, UH, THAT'S WHY WE WOULD HAVE THE THREE WORK SESSIONS WITH THE, UM, ACTION ITEM BEING IN THE LAST MEETING IN APRIL. RIGHT. SO THE QUESTION IS, CAN WE GET ALL THIS DONE BY WE START AT 11 OR DO WE NEED TO MOVE IT? UH, SO WE MIGHT HAVE TO DO A SPECIAL MEETING IN APRIL BECAUSE WE ONLY HAVE ONE MEETING IN APRIL. 'CAUSE WE DON'T HAVE A SECOND MEETING BECAUSE OF FIESTA. RIGHT, THAT'S WHAT I'M SAYING. RUNNING OUTTA TIME. UM, SO, UM, I WOULD RECOMMEND THAT WE WOULD DO A SPECIAL MEETING IN APRIL SO THAT WAY WE CAN, UH, JUST FOCUS ON THE U D C AMENDMENTS AND THEN, UM, SUBMIT IF, IF THAT'S WHAT THE BOARD WANTS TO DO. AND I MEAN, WHAT I MEAN BY WHAT'S WANTS TO DO IS IN SUBMIT ANY U D C AMENDMENTS, WELL THIS IS WHAT WE'RE, THIS IS OUR ISSUE, SO YOU'RE GONNA UNDERSTAND BETTER, IS THAT WE WANNA COORDINATE ALL OUR CONCERNS ABOUT POTENTIAL CHANGES FOR THE U D C AND, AND WITH GET INPUT FROM THE BOARD, UH, IN GENERAL, THOSE ARE WILLING TO GET INVOLVED IN IT. AND THEN WE WANT TO HAVE THAT PUBLISHED AND READY FOR US TO VOTE ON ON APRIL, WHATEVER. SO THEY DON'T ONE MEETING, ONLY ONE MEETING BETWEEN THE TWO. SO, UM, WHAT I'M SUGGESTING IS WE HAVE A WORK SESSION FOR THE NEXT MEETING THAT WILL DISCUSS, UH, THE FIRST, UM, I GUESS, UM, IDEAS FOR U D C AMENDMENTS. UH, THEN HAVE ANOTHER WORK SESSION ON APRIL 6TH. I THINK IT WAS, UH, FOR, UH, MORE AS IN REVIEWING, 'CAUSE STAFF WILL HAVE TO WORK ON THE U D C AMENDMENT LANGUAGE IN ORDER TO BRING IT BACK TO YOU SO YOU CAN REVIEW. AND SO THAT'S WHAT WE WOULD DO ON APRIL 6TH. AND THEN, UM, I WOULD SUGGEST THAT WE HAVE, AND IF WE CAN ALSO POST IT FOR THE APRIL 6TH AGENDA, THE CONSIDERATION OF THE U D C AMENDMENT. SO IF YOU'RE HAPPY WITH THAT PACKAGE, WE CAN, WE CAN APPROVE IT THEN. IF NOT, WE CAN LOOK AT, UM, A SPECIAL MEETING IN APRIL BEFORE THE MAY 1ST DEADLINE FOR, UM, ACTION BY THE BOARD OF ADJUSTMENT. WHAT DO YOU THINK'S GONNA GIVE US OUR BEST WAY? I MEAN IT'S AS, AS LONG AS WE HAVE A A DAY TO, TO GET TOGETHER AND TALK AND, AND YOU KNOW, BRAINSTORM A LITTLE. THEN THE NEXT ONE IT COULD BE TYPED UP WITH SOME FORMALITY. AT A MINIMUM WE'LL HAVE AT LEAST TWO OF THOSE SESSIONS AT A MINIMUM. OKAY. SO THAT'S FINE. WHAT YOU'RE SAYING IS THAT WE HAVE A, [03:30:01] WE DON'T HAVE ONE OF THE MEETINGS IS BEING BLANKED BY THE, UH, FIESTA RIGHT? OR SOMETHING. WHAT IS IT? RIGHT, EXACTLY. WE DON'T HAVE A SECOND MEETING IN APRIL. THAT'S RIGHT. BUT THAT'S WHY I'M SAYING WE WOULD DO A SPECIAL MEETING IF NECESSARY. SO WHAT, UH, SO WE NEED TO TALK ABOUT WHAT, WHEN WE WOULD DO A SPECIAL MEETING. SO I WOULD SAY, I WOULD SAY DEPENDING UPON THE AMENDMENTS THAT ARE COMING FORWARD THAT WE START TALKING ABOUT ON MARCH 16TH, 'CAUSE REMEMBER WE'RE LOOKING AT ONLY AMENDMENTS THAT THE BOARD OF ADJUSTMENT HAS PURVIEW OVER. UM, SO IF THE, IF THERE'S 2, 3, 5, I THINK THAT THOSE CAN BE HANDLED WITHIN TWO MEETINGS. BUT IF THERE'S A WHOLE SLEW OF 'EM, UH, THEN WE, THEN I WOULD SUGGEST THREE. BUT I, I THINK I'LL KNOW THAT AT THE, THE NEXT MEETING 'CAUSE I KNOW OF TWO THAT BOARD MEMBERS, UH, OR PREVIOUS BOARD MEMBERS HAVE DISCUSSED WITH ME, UH, ABOUT, AND THAT WE CAN BRING THAT FORWARD TO YOU, UH, TO SEE IF WE GET A CONSENSUS FROM THE BOARD THAT Y'ALL AGREE THAT THIS SHOULD BE LOOKED INTO AS A SPONSORED AMENDMENT FOR, UH, BY THE BOARD OF ADJUSTMENT. BUT AGAIN, I'LL KNOW MORE ONCE I HEAR FROM YOU GUYS WHAT, HOW MANY WE'RE LOOKING AT. ALRIGHT, SO WHAT WE'RE GONNA, WHAT YOU'RE SAYING IS THAT NEXT MEETING, WE'RE GONNA JUST GIVE A LITTLE BIT OF TIME FOR THIS AND THEN A WHOLE LOT OF MORE TIME AND ANOTHER TIME. I MEAN, I CAN ALWAYS START THE WORK SESSION AT 10 30 IF I HAVE ATTENDANCE AT, I THINK WE'D BE BETTER OFF DOING THAT BECAUSE THIS IS VERY CRITICAL AND WE'VE BEEN KIND OF OVERLOOKED FOR YEARS ON WHAT OUR RECOMMENDATIONS ARE. AND I THINK WE NEED TO TAKE A VERY STRONG STANCE ON SOME OF THIS BECAUSE IT AFFECTS WHAT WE DO AND, AND WHAT WE SEE SINCE WE SEE IT MORE THAN THEY DO. AND THIS IS WHAT THE CONCERN IS. SO, UM, AND I WOULD SUGGEST WE WOULD START AT 10 30 AND WE START AT 10 30 AND, AND, AND MORE FRUIT, NO WATERMELON OR AT LEAST A DIFFERENT WATERMELON. . BRING THE PANINIS BACK AND IF ANYBODY HAS SOME IDEAS ON SOME U D C AMENDMENTS, UH, THAT YOU'RE LOOKING AT, IF YOU COULD FORWARD THEM TO ME THAT WE CAN START LOOKING, UM, THROUGH THEM AND THAT WAY WE HAVE SOME SUGGESTION SUGGESTIONS FOR YOU AT THE NEXT WORK SESSION. THAT PRETTY MUCH COVERS EVERYTHING THAT I HAD ON MY AGENDA. ANY OTHER, ANY OTHER DIRECTIVES FROM THE CITY? THAT'S JUST IT. THAT'S IT. AND WE'RE OUTTA HERE. THANK YOU VERY MUCH. MEETING IS ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.