[00:00:01]
A THUMBS UP FROM OUR AB GUYS, THEN WE'LL UH, START.ALRIGHT, WE'RE GOOD MR. MARTINEZ.
I DON'T, I STILL DON'T SHOW ANYTHING BUT THE BOARD MEETING ON THE SCREEN.
I'M NOT GONNA SEE MYSELF ON THE SCREEN.
UH, REMEMBER WHEN I WAS SHOWING YOU THOSE, UH, LITTLE CIRCLES? UM, HOVER OVER IT AND CLICK THE ONE THAT ALLOWS YOU TO DO THE SIDE BY SIDE PIECE.
THOSE LITTLE CIRCLES ARE NOT COMING BACK.
YOU, IF YOU SAY I'M ON, I'M ON NOW.
ALL, ALL I'VE GOT IS THE BOARD MEETING SIGNED? YEP, YOU'RE GOOD.
IF YOU HAVE YOUR SCRIPT, YOU CAN START WITH THE SCRIPT.
[Call to Order]
GOOD AFTERNOON LADIES AND GENTLEMEN.MY NAME IS ROGER MARTINEZ AND I'M THE CHAIRMAN OF THE BOARD OF ADJUSTMENTS OF THE BOARD OF ADJUSTMENTS OF THE CITY OF SAN ANTONIO.
I HEREBY CALL THIS REGULAR NOTICE MEETING OF THE CITY OF SAN ANTONIO BOARD OF ADJUSTMENTS INTO SESSION.
NOW WE NEED TO HAVE OUR INTERPRETERS, UH, READ THE INTERPRETATION SERVICES AVAILABLE FOR THIS MEETING.
UH, STAFF PLEASE CONDUCT THE ROLL CALL.
MR. MANA, MAYBE HIT ON UNMUTE.
YOU MIGHT BE HAVING TECHNICAL DIFFICULTIES.
MR. DELMER PRESENT? I'M GONNA TRY MR. ARMANA PROBABLY REJOINING, UH, CHAIR MARTINEZ PRESENT.
ALSO, I WANTED TO POINT OUT MR. CHAIR, IS THAT ALSO PRESENT IN THE MEETING FROM THE CITY OF SAN ANTONIO? ARE JOSEPH HARNEY FROM THE CITY ATTORNEY'S OFFICE, PEACE POLICE OF DEVELOPMENT SERVICES, AND MYSELF, CATHERINE HERNANDEZ DEVELOPMENT SERVICES, THE CHAIR FORM PRESENT.
BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EX EXPLANATION.
THE BOARD FOLLOWS AN AGENDA WHICH IS POSTED IN THE CITY WEBSITE.
THE CASE CASE ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT, FREE DRAFT.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FOR THE PREVIOUS MEETING.
WE ARE PRIVATE CITIZENS APPOINTED TO THE BOARD OF THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
PACIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND THE SAN ANTONIO CITY COUNCIL.
THEY ARE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL.
WE HAVE AUTHORIZED, WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DECISION OR DETERMINATIONS MADE BY ADMINISTRATIVE OFFICIALS FOR OFFICE STAFF, AND THE ENFORCEMENT OF CHECK FOR 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE
[00:05:01]
ZONING REGULATIONS PART IN CHAPTER 35.WE ALSO SERVE AN ADVISORY AND APPELLATE CAPACITY DIRECTOR OF BELT AND SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.
IN ADDITIONS, WE HAVE POWER TO HEAR CASES IN OTHER MATTERS AUTHORIZED BY CITY COUNCIL IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDING THE FACT EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF A BOARD'S PROCEEDING.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION.
A ORDER FOR A MOTION TO CARRY REQUIRES RECURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES.
THE BURDEN OF PROOF AND GRANULAR RELIEF SOUGHT REST WITH THE APPLICANT.
THE APPLICANT MUST PRESENT THE FACTS ON WHICH THE REQUEST BUT REALLY CAN BE LEGALLY GRANTED AND SUPPORTIVE APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM THE ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURTS OF LAW BASED ON THE RECORD OF THE PROCEEDING.
APPEALS FROM THE BOARD OF DECISION REGARDING CHAPTER 28 ARE MADE TO CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE PRIOR.
DISCERNING WITH OUR ITEMS, I WOULD LIKE TO OFFER STAFF TO REVIEW OUR MEETING FORMAT.
STAFF, PLEASE PROCEED TO PROTECT THE OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID 19.
THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS THROUGH VIDEO CONFERENCE.
THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISION OF THE O FACTS ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO THE COVID 19 CRISIS AND ARE IN PLACE UNTIL FURTHER NOTE TO INCORPORATE PUBLIC COMMENT, THERE ARE FOUR OPPORTUNITIES.
PLEASE INCLUDE EMAIL OR MAIL COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL OR ASKING TO BE CALLS DURING THE MEETING.
STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATION BY THE APPLICANT.
STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED.
STAFF WILL ALSO SAY ANY MESSAGES RECEIVED BY VOICEMAIL.
LASTLY, FOR THOSE THAT SIGNED UP TO RECEIVE A CALLBACK, WE WILL CALL 'EM TO STATE THEIR TWO MINUTE COMMENT.
SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS MORE QUESTION.
ALRIGHT, LET'S BEGIN WITH OUR INDIVIDUAL HEARING ITEMS IN THE COURTROOM AND, UH, POLL QUESTIONS STILL AFTER THE PUBLIC COMMENT.
DO DO I NEED TO GO AHEAD AND REQUEST, UH, TO SEE IF ALL THE APPLICANTS ARE HERE? NO, UH, BECAUSE WE'RE DOING ONE AT A TIME, WE'RE CALLING THEM IN AS WE GET TO THAT ITEM.
SO DO I GUESS WE NEED TO FIND OUT IF OUR FIRST APPLICANT IS AVAILABLE.
OUR FIRST APPLICANT IS ALREADY LISTENING, SO STAFF GO AHEAD AND START WITH THE PRESENTATION.
THIS IS EC LUIS WITH THE DEVELOP SERVICES.
I'LL BE PRESENTING EACH OF THE CASES.
[1. 20-2755 BOA-20-10300034: A request by Killen, Griffin, & Farrimond, PLLC. for a 20' variance from the maximum sign height of 60' to allow a sign to be 80' tall, generally located at the intersection of Marbach Road and West Loop 1604 North. Staff recommends Approval. (Outside City Limits) (Dominic Silva, Senior Planner (210) 207-0120, Dominic.Silva@sanantonio.gov, Development Services Department)]
IS BO O A CASE 21 0 3 0 0 0 3 4 CENTER LOCATED AT THE INTERSECTION OF MAROCH ROAD IN WEST OH FOUR NORTH.APPLICANT IS SHE GRIFFIN IN MONT, D L L C FOR REQUEST FOR A 20 FOOT VARIANCE FROM THE MAXIMUM SPINE HEIGHT TO 60 FEET TO ALLOW A SIGN TO BE 80 FEET TALL.
CURRENT ZONING IS O C L OUTSIDE CITY LIMIT, M L L D TWO M L R ONE A H O D.
NEXT SLIDE PLEASE ERECT AN 80 FOOT SINGLE TENANT SIGN FOR PROPOSED MCDONALD'S RESTAURANT.
THE SUBJECT PROPERTY CURRENTLY VACANT IS LOCATED ADJACENT TO WESTWOOD 1604 NORTH ON 1.243 ACRE TRACK.
DUE TO THE ELEVATED FREEWAY, THE APPLICANT IS REQUESTING ADDITIONAL SIGN HEIGHT.
THE MINIMAL, UH, NATURE AND TOTAL SQUARE FOOTAGE OF THE GOLDEN ARCHES SECTION 28, SECTION 28 45 REQUIRES A MAXIMUM SINGLE TENANT SIGN HEIGHT OF 50 FEET.
IF LOCATED ON STREET OUTSIDE AS EXPRESSWAY VIEWED ELEVATED EXPRESSWAY ADJACENT TO THE SUBJECT PROPERTY, THE APPLICANT IS ABLE TO UTILIZE A PROVISION OF SECTION 28 45 TO ALLOW AN ADDITIONAL 10 FEET OF HEIGHT, THEREBY ALLOWING A MAXIMUM 60 FEET SIGN HEIGHT BY RIGHT.
HERE'S A PHOTO OF THE EXHIBIT.
THE NEXT PHOTOS ARE OF THE SUBJECT PROPERTY AND SURROUNDING AREA.
[00:10:04]
GO BACK.STAFF RECOMMENDS APPROVAL OF THE, OF THE VARIANCE IN BO A 21 0 3 0 0 0 3 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THE DEVELOPMENT DEVELOPING COMMERCIAL AREA AND DUE TO THE ELEVATED EXPRESSWAY ADJACENT TO THE SUBJECT PROPERTY AND INCREASE AND, AND SIGN HEIGHT IS WARRANTED.
UH, ZERO NOTICES RECEIVED IN FAVOR OR OPPOSITION FOR THE AREA.
AGAIN, THIS IS IN, IN BURKE COUNTY IN OUR E T J.
THAT CONCLUDES MY PRESENTATION.
UM, OKAY, DO WE HAVE THE APPLICANT PRESENT, HEAR FROM THE APPLICANT? OH, YEAH.
I JUST WANTED TO ACKNOWLEDGE THAT MR. MANA IS ON, UH, THE VIDEO WEBEX AND, AND CAN PARTICIPATE IN THE CASE.
I HAVE APPLICANT JAMES GRIFFIN ON THE LINE.
AS A REMINDER, MR. GRIFFIN, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND BE AS BRIEF AS POSSIBLE.
THIS IS JAMES GRIFFIN WITH GRIFFIN
UM, THANK Y'ALL FOR GRAB ME THAT, BUT I CAN SEE Y'ALL AND Y'ALL CAN'T SEE ME, BUT I GUESS I'LL, I'LL TAKE IT.
UM, HEY, CAN, CAN EVERYBODY HEAR ME OKAY? YES.
UM, YEAH, YOU PUT UP THE POWERPOINT, PLEASE.
UM, GOTTA CYCLE THROUGH THOSE AS QUICK AS POSSIBLE.
UM, AS MENTIONED, UM, WE'RE, UH, OUTSIDE
UM, AND IF YOU GO TO GO TO THE SECOND SLIDE, NO, WE'RE, WE'RE PULLING IT UP NOW TO SUBMIT.
I GUESS WE SHOULD BE REMINDED THAT THIS IS OUR FIRST ATTEMPT AT THIS PROCESS.
SO A LITTLE GLIT, THIS, PLEASE BEAR WITH US.
HOW ARE WE PROGRESSING ON THIS PROJECT? AH, HERE WE GO.
WE'RE, IF WE'RE STRUGGLING WITH THE, THE POWERPOINT, I CAN, I CAN PROBABLY MAKE TWO, UM, WITHOUT IT, IF Y'ALL WANTS.
WE'VE GOT IT GOING RIGHT NOW, JAMES.
I BELIEVE HE CAN GO AHEAD AND START COVERING SOME POINTS.
UH, WELL, I'LL KEEP GOING AND LET IT CATCH UP.
UM,
AND, UH, IT ALL FROM SAM'S PRESENTATION, UH, RIGHT AT 1504 MARBACH.
UM, THE AERIALS ARE EVEN A LITTLE OUTDATED, UH, BECAUSE THIS IS SUCH A RECENT,
[00:15:01]
UH, NEW GROWTH AREA.SO YOU HAVE, AND THIS, SO VERY RECENTLY WAS, UH, WHAT WE ALL REMEMBER IS KIND OF THE OLD 1504 WHERE IT WAS JUST, UM, LITTLE FARM ROAD OUT THERE.
UH, NOW IT'S, IT'S FULL HIGHWAY OUT THERE.
UM, AND IT, IF YOU CAN GO TO THE SECOND SLIDE.
UM, SO YOU CAN SEE EVEN IN THIS, UH, AREA, THE, THE HIGHWAY LOOKS LIKE IT'S STILL UNDER CONSTRUCTION.
UM, IT'S THE COMMERCIAL CORNER, UM, RIGHT NEXT TO US ON THE HARD CORNER AT MARKOFF CASINO OH FOUR, UH, IS A BRAND NEW QUICK TRIP CONVENIENCE STORE, UH, SHOWS PICTURES HERE IN SECOND.
UH, ON THE OTHER SIDE OF OUR BOX, YOU HAVE, UH, ANOTHER, UH, FAIRLY NEW CONVENIENCE STORE.
IT'S AOR GAS STATION, UM, A SHELL.
YOU CAN SEE THE SHELL SIGNAGE AND, UH, AND IN CHURCH'S, UH, FRIED CHICKEN.
UM, SO YOU HAVE KIND THE COMMERCIAL FOR HERE.
WE ARE NOT AT THE HEART CORNER, AS YOU CAN SEE.
WE'RE JUST, WHICH IS ONE OF THE HARDSHIPS THAT PULLED INTO, UM, THE REASON FOR REQUESTING THIS.
UM, LET'S TO THE NEXT SLIDE I GO TO THE NEXT ONE QUICK.
I, I, I THINK THERE MAY BE A LITTLE DELAY, SO I'LL JUST KIND OF KEEP GOING.
SO THE NEXT SLIDE IS OUR SITE PLAN.
I'M SURE EVERYBODY'S FAMILIAR WITH MCDONALD'S.
THEY'RE ALL, UH, YOU KNOW, FAIRLY STANDARD HOW THEY'RE LAID OUT.
UH, YOU CAN SEE ON THE SITE PLAN, YOU HAVE THE STORE IN THE MIDDLE, UH, PARKING, UH, EVEN THOUGH WE ARE OVER AN ACRE AND IT STILL IS SOMEWHAT OF A TIGHT SITE, UH, WE NEED TO HAVE OUR SIGNAGE UP THERE AS CLOSE TO THE 1604 FRONTAGE AS POSSIBLE AS YOU SEE, UH, KIND OF BUBBLED AROUND WHERE THAT, UM, WHERE THAT SIGN WILL BE LOCATED.
UH, AS FAR AS OUR VARIANCE RESIDE ITSELF, UH, AS YOU MENTIONED, WE'RE AT FOR A 20 FOOT VARIANCE, UH, TO ALLOW A SITE TO SIGN THAT, UH, 80 TALL ALONG THE EXPRESSWAY.
UH, WE'LL THROW A FEW PICTURES HERE IN A SECOND, BUT, UH, EXPRESSWAY IS ELEVATED IN FRONT OF US.
UM, AND REALLY THE, THE REASON FOURTH REQUESTED VARIANCE, UH, IS THERE'S KIND OF TWO MAIN, UH, REASONS OR ISSUES.
UH, YOU HAVE IT ELEVATED IN FRONT OF OUR PROPERTY, A PRETTY SIGNIFICANTLY ELEVATED.
UM, IT, IT'S AN EXPRESSWAY HIGH SPEED EXPRESSWAY, UH, SPEED MILES AN HOUR.
THE SPEED LIMIT ON THE ROAD IS 50, UH, WHICH I, I WAS SURPRISED, HAVE HIGH, UH, DEEP VEHICLES ON EXPRESSWAY.
UH, AND AS I'LL SHOW YOU IN A SECOND HERE, NORTH AND SOUTHBOUND, THERE ARE SOME ADDITIONAL TOPOGRAPHY CHANGES, UH, AS WELL AS FOR EXPRESSWAY, SOME SHARP CURVES, UH, THAT REALLY LIMIT THE VISIBILITY.
SO WE'RE TRYING TO GET AT WHAT LITTLE DISABILITY CAN, UH, TO EFFECTIVELY AND SAFELY, UH, BRING FOLKS TO THE MCDONALD'S, UH, ONCE IT'S BUILT HERE.
UM, HE ALSO SHOWS OF THE NEW HIGHWAY CONSTRUCTION AND, AND HOW IT WAS DESIGNED, HE EXITS AS YOU'RE COMING BOTH NORTHBOUND AND SOUTHBOUND.
EXIT MORE ARE OVER A MILE AWAY.
SO TO BE ABLE TO, UH, EXIT IN TIME TO MAKE IT TO MORE BOX.
UH, AND IF YOU'RE, YOU KNOW, LOOKING OUT FOR THE SIDE, WHICH AGAIN, IT'S THE PURPOSE OF THE SIDE, UH, YOU NEED TO BE ABLE TO SEE IT FROM, UH, LITTLE OVER A MILE AWAY BOTH WAYS IN ORDER TO EXIT IN TIME.
UM, THE OTHER KIND OF MAIN, UM, TOPIC, OR I'LL CALL IT, UM, BOTH OF THESE PICTURES AS WELL, UH, IS THE ADJACENT COMMERCIAL ENGINE.
UH, SO ONE WE'RE ASKING FOR, ALTHOUGH WE'RE GOING UP HIGHER, UH, IT IS COMPATIBLE WITH WHAT'S AROUND US.
UM, BUT MORE IMPORTANTLY, PERHAPS IT'S NECESSARY BECAUSE OF THAT ADJACENT SIGNAGE, THE QUICK TRIP, UH, TO OUR SOUTH, UH, AS WELL AS THE OTHER GAS STATION, A LITTLE FURTHER TO SOUTH ACROSS OUR BOX.
BUT PARTICULARLY THE QUICK TRIP IS A BIG BLOCK SIGN.
UH, AND AGAIN, YOU'LL SEE IN A SECOND, I'M SURE SOME OF Y'ALL HAVE SEEN A LOT OF THESE QUICK TRIP, UH, SIGNS THROUGHOUT.
SAN ANTONIO IS A BIG RED U THAT, THAT SLIDE HERE, JUST YOU GO, GO BACK, BACK UP, SCROLL THROUGH PRETTY QUICK.
BUT THAT, THAT SHOWS THE, UH, THE QT SIGNAGE.
UM, IF WE WERE THE SAME HEIGHT AS THE QT, UH, WE WOULD BE REALLY COMPLETELY BLOCKED BY, BECAUSE
[00:20:01]
AGAIN, IT'S A BIG SOLID BLOCK.UH, THE MCDONALD'S SIGN, AGAIN, I THINK EVERYBODY'S PROBABLY FAMILIAR WITH THE, THE GOLDEN ARCHES.
UM, IT IS A VERY OPEN DESIGN, SO WE ARE ASKING TO GO HIGHER, SO WE BE SEEN, BUT THIS ISN'T A BIG SIGN.
THIS, UM, IT REALLY PREDOMINANTLY OPEN AIR AGAINST THE GOLDEN ARCHES, UH, WITH A SMALL RED MCDONALD'S BELOW IT.
UM, BUT WE NEED TO GO HIGHER TO DC ABOVE THESE BIG SIGNS.
SO, UH, I, I DON'T KNOW IF YOU CAN GO BACK TO MAYBE SLIDE, SLIDE SIX OR THOSE FIRST.
AERIAL IS NOT, UM, NOT A BIG DEAL.
UM, BUT WHAT THOSE SLIDES INITIALLY SHOWED WAS AT THE DISTANCE, LIKE I MENTIONED FROM THOSE EXITS.
IF YOU'RE OVER A MILE, YOU'RE COMING FROM THE NORTH, SO YOU'RE HEADING SOUTHBOUND.
THE EXIT FOR MARGO IS, UH, A MILE BEFORE YOU ACTUALLY GET TO MARGO AND INTO, UH, THE MCDONALD'S.
UH, YOU, THIS IS GOING SOUTHBOUND.
THE NEXT EXIT IS HIGHWAY 90, AND THAT'S ONE OF THOSE BIG NEW R FLYOVERS.
AND I'M SURE EVERYBODY'S DONE THIS BEFORE WHERE, YOU KNOW, IF YOU AN EXIT AND THE NEXT EXIT IS A HIGHWAY INTERCHANGE, YOU'RE, YOU'RE NEVER GETTING BACK THERE.
UM, IT'S JUST YOU TOO, TOO MANY TURNS AND ROUNDABOUTS.
AND BY THAT TIME, YOU'RE, YOU'RE GIVING UP ON, ON MCDONALD'S AND YOU'RE HAPPY MEAL.
UM, YOU CAN SEE THE, UH, WHERE IT SAYS IS THAT KIND OF BLUE BUBBLE RIGHT THERE, UH, OUR SITE JUST TO THE NORTH OF THAT.
UM, BUT AGAIN, YOU KIND OF SEE WHERE WE ARE, UH, ON THE HIGHWAY.
AND ALTHOUGH IT DOESN'T LOOK DRASTIC IN THE AERIAL WHEN YOU'RE GOING SEVEN MILES AN HOUR, LIKELY FASTER, UH, SOME OF THOSE TURNS ARE PRETTY, UM, PRETTY SHARP, UH, JUST NORTH AND JUST THE SOUTH OF OUR SITE.
UM, SO YEAH, CAN GO AHEAD, CYCLE THROUGH A LITTLE FLOW.
I'LL JUST TRY TO HIT SOME HIGH POINTS, UH, REAL QUICK.
SO THE NEXT TWO SIGNS OR DRIVE, UM, ARE SHOWING THE DISTANCE OF THOSE TWO EXITS.
UH, AND THEN WE GET TO A FEW PICTURES.
STARTING WITH SLIDE NUMBER 10, YOU CAN SEE SOME OF THE ELEVATION CHANGES.
YES, THERE'S ALREADY GOING NORTHBOUND, AGAIN, OVER A MILE, UM, DRIVING SOUTHBOUND OF OVER A MILE THERE.
AND RIGHT THERE ON THAT SLIDE, UH, SOUTH SOUTHBOUND, YOU KNOW, FOUR AND PROPERTY CAN SEE WHERE THE ROAD CURVES THERE.
UM, HERE IS ACTUALLY THE, THE, YEAH, AND, AND THAT'S FINE.
SO WE ARE RIGHT THERE AT THE CURB RIGHT THERE.
THAT ONE, YOU CAN STOP ON THAT ONE.
YOU CAN SEE THE QT SIGN RIGHT THERE.
UH, THE MCDONALD'S RIGHT TO THE LEFT.
UM, NOW THAT WE'RE UP RIGHT ON
UM, KIND GO THE NEXT, NEXT PICTURE TOO.
UM, SO HERE'S COMING UP FROM THE SOUTH, AS YOU CAN SEE THE HIGHWAY, UH, ELEVATING THERE, UH, RIGHT HERE YOU CAN SEE THE, YOU CAN GO THE NEXT ONE.
UM, YOU SEE THE CHURCHES AND THE THEATER SIGN THERE, WHATABURGER THERE.
THE QT, UH, IS JUST FAIRLY VISIBLE, UH, BECAUSE OF THAT ELEVATION.
UH, THESE SLIDES HERE IN THE QT KIND OF STRAIGHT OFF AHEAD, YOU FOLLOW THOSE, UH, POWER POLES AND AGAIN, BECAUSE OF THE SIGN, AND HERE YOU GO WITH A LITTLE CLOSER BECAUSE OF THAT SIGN, THE WAY IT'S DESIGNED AGAINST
UH, IT WOULD COMPLETELY BLOCK OUR SIGN IF WE WERE THAT SAME HEIGHT, SO WE WENT LOWER THE DRAIN UNDER IT.
UH, THEN IT'S NOT VISIBLE REALLY ANYWHERE UNLESS YOU'RE RIGHT UP ON IT.
SO THERE'S A CLOSER VERSION OF THAT SIGN, UH, BY THE IMPORTANT NOTE TOO THAT, YOU KNOW, THE QT AND, AND THE NEXT SLIDE SHOWED AS WELL, BECAUSE THEY ARE ON THE CORNER.
[00:25:01]
UH, THEY ACTUALLY HAVE THE OPPORTUNITY FOR TWO, YOU KNOW, FAIRLY LARGE SIGNS.ONE, UH, ONE PITCH, AND THEN SIGNIFICANT SQUARE FOOTAGE, UM, OF THOSE SIGNS.
SO, UM, REALLY WHAT WE'RE, WHAT WE'RE ASKING FOR HERE AND MORE, UH, PICTURES SHOWING THE ELEVATED HIGHWAY IN FRONT OF US.
UM, YOU LOOK AT THE ELEVATED HIGHWAY, THE LIGHT POLE SHARP SIGN, WELL, WELL UNDER THE HEIGHT OF THE LIGHT POLE ON THE EXPRESSWAY, UM, HEAD TOWARDS THE, I GUESS I'M, GO AHEAD AND GO TO THE LAST SLIDE.
JUST I'LL TRY TO, TRY TO WRAP IT UP HERE.
HOPEFULLY EVERYBODY STAYED WITH ME.
UM, SO THE REALLY, YOU KNOW, THE, THE JUSTIFICATION HERE IS LIKE, SAY KIND OF UNDER TWO MAIN CATEGORIES.
ONE IS SAFE AND EFFECTIVE ADVERTISING BECAUSE OF THE OVER A MILE ON ITS WAY, UH, FROM THE EXIT, THAT LARGE DISTANCE, THE CURB OF 1504, THE SPEED OF VEHICLES ON THAT HIGHWAY.
UH, AND, AND THE ELEVATION CHANGES.
UM, UH, AS YOU'RE BOTH COMING NORTHBOUND AND SOUTHBOUND MAY BE CRITICAL TO HAVE SIGNAGE THAT IS JUST A LITTLE HIGHER THAN, THAN NORMAL.
UH, AND THAT'S COMPOUNDED BY THE FACT THAT, UH, PARTICULARLY COMING FROM THE SOUTHBOUND.
BUT REALLY THE THING IS LARGELY TRUE BECAUSE OF THE COLORS AND THE DESIGN NORTHBOUND, UH, A SIZE THAT IS THE EXACT SAME HEIGHT AS OUR COMMERCIAL USES, BUT WOULD BE COMPLETELY BLOCKED.
UM, BUT AGAIN, WE'RE NOT ASKING FOR A LARGER SIGN.
WE'RE NOT WANTING TO GO BIG AND ADD ANY CLUTTER.
IT REALLY IS A SMALL, SMALL SIGN OPEN AIR.
WE JUST NEED TO PEEK OUT A LITTLE BIT ABOVE THAT QT PEEK OUT ABOVE THE, UH, ELEVATION AND, AND GRAY GAUGE OF 1604 TO ALLOW FOR SIGNAGE THAT, THAT BRINGS FOLKS TO THIS RESTAURANT.
UM, BUT, YOU KNOW, WITHOUT, AGAIN, HAVING TO GO BIGGER, HAVING TO ADD MORE SIGNS, UM, AND, AND MAKING IT SAFE FOR THOSE MOTORISTS.
UM, AND THE, A COUPLE OTHER POINTS JUST TO MENTION HERE, UM, IN TERMS THE STAFF IS RECOMMENDING APPROVAL OF, OF THIS BOTH ASSIGNED DEPARTMENT AND B O A STAFF, THEY'RE SUPPORTING THIS GIVEN THE CONDITIONS, UH, AND, AND THE FINDING THE FACTS THAT HAVE BEEN MET HERE.
UM, SO, UH, RESPECTFULLY, I ASK FOR YOUR SUPPORT, UH, FOR THIS CRITICAL SIGNAGE FOR, UH, A MCDONALD'S AS AN AREA THAT, UM, YOU KNOW, IS, IS GROWING.
UH, OBVIOUSLY RESTAURANTS ARE IN A UNIQUE SITUATION RIGHT NOW.
UH, ALL THE SIGNAGE THAT, UH, REALLY WE'RE ASKING FOR MINIMAL SIGNAGE TO GET THE POINT ACROSS THAT THERE'S A MCDONALD'S HERE, WE WANT FOLKS TO EXIT.
AND IT ALLOWS, AGAIN, KIND OF SAFE, UH, ADVERTISING, UH, FOR THOSE MODE RISKS TO BE ABLE TO GET TO, UH, THOSE MCDONALD'S.
UM, NOT ASKING FOR A LARGER SIGN, UH, ORIGINAL LARGE ONE AT ALL AS FAR AS SIZE GOES IN OPEN AIR, VERY MINIMAL INSIDE, BUT WE JUST NEED BE ABLE TO PEEK OUT ABOVE, UH, WHAT'S A PRETTY BIG BLOCK OF UT IN FRONT OF US.
UM, SO ALL, UH, I, AND, AND, UH, HAPPY TO ANSWER ANY QUESTIONS, BUT, UM, UH, THANK Y'ALL FOR YOUR TIME AND FOR, UH,
UM, BUT WE RESPECTFULLY REQUEST YOUR SUPPORT OF, UH, OF THIS REQUEST AS RECOMMENDED FOR APPROVAL BY STAFF.
UM, WE APPRECIATE YOU HAVING, UH, THE PATIENCE TO WORK WITH US ON THIS CASE.
UH, LET'S CHECK TO SEE IF WE HAVE ANY PUBLIC COMMENTS.
CRUZ, PUBLIC COMMENTS BEFORE WE GO INTO QUESTION.
DO WE HAVE ANY PUBLIC COMMENTS OF ON THIS CASE? WE DO.
UM, MS. CRUZ, WE'RE GONNA HOLD OFF TILL ALL THIS PORTION IS COMPLETED BEFORE WE START ASKING QUESTIONS.
SO, UH, LET'S GO AHEAD AND GET THE PUBLIC COMMENT.
I HAVE COLLEEN WA FACTS ON THE LINE.
AS A REMINDER, STATE YOUR NAME AND ADDRESS.
CAN YOU HEAR ME? MA'AM? CAN YOU HEAR ME? YEP, I CAN HEAR YOU NOW.
RIGHTS AT 1603 TAR LANE SPEAKING ON AGENDA ITEM 20 27 55.
PETITIONER IS SEEKING A 20 FOOT SIGN HEIGHT VARIANCE TO ALLOW
[00:30:01]
SIGN TO BE EIGHT FOOT TALL.I ASK THAT YOU DENY THE VARIANCE SEVERAL BUSINESSES OPEN AT THIS INTERSECTION WITHIN THE PAST YEAR.
THEY SEEN THE SAME OBSTACLES TO AND OPPORTUNITIES FOR ATTRACTING BUSINESS.
HOWEVER, LET THEM HAVE EXCEEDED THE 60 FOOT LIMIT WHILE EXITS FROM 1604, OR THIS INTERSECTION ARE A MILE FROM THE INTERSECTION.
MOTORS CAN BE EFFECTIVELY DIRECTED TO THE LOCATION BY MEANS OF TEXT STOP BY INDICATING A BILLABLE SERVICES FOR THE UPCOMING EXIT.
IN ORDER TO ENSURE THAT PROVISIONS OF THE ORDINANCE DO NOT CREATE, CREATE A HINDRANCES TO OPERATIONS OF BUSINESSES, A VARIANCE MAY GRAVITATE THE VARIANCES NECESSARY.
DISTRICT ENFORCEMENT OF THE REGULATION PERMIT ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNED JUNK SITES DURING BEING FEATURES OF THE SITE.
THE VARIANCES MADE THEN ONLY GRANTED, PROVIDED GRANTED VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY UNDER SIMILARLY SITUATED.
AND RED PARENTS WILL NOT HAVE A SUBSTANTIALLY ADVERSE RESPECT ON NEIGHBORING PROPERTY.
MUCH OF THE AREAS SURROUNDING THIS NEIGHBORHOOD, THIS INTERSECTION IS RESIDENTIAL AND NEIGHBOR IN NATURE.
THESE NEIGHBORS SHOULD HAVE THE ABILITY TO ENJOY THEIR PROPERTY WITHOUT THE VISUAL INTERRUPTION OF A NATURALLY HIGH SIGN.
GRANTING OF THIS VARIANCE REQUEST WILL ALLOW THE PETITIONER A BENEFIT NOT JOINED BY OTHER BUSINESSES AT THIS INTERSECTION WHO HAVE ABIDED BY THE 60 FOOT HEIGHT.
I HEREBY REQUEST THAT YOU UPHOLD THE ATTENDANCE SIGN ORDINANCE BY DENYING PETITIONER'S REQUEST FOR A VARIANCE, WHICH WOULD GIVE OTHER BUSINESSES IN AREA AND PROVIDE A NECESSARY VISUAL CLUTTER.
THANK YOU FOR HEARING MY REQUEST.
THANK YOU VERY MUCH FOR GIVING US YOUR PERSPECTIVE ON THIS PARTICULAR CASE.
UH, UM, NOW WE'LL BE ASKING SOME QUESTIONS, UH, UH, AND, UH, ACCORDING TO THE PROTOCOL HERE, WE'LL BE DOING IT ON THE ORDER OF THE, UH, BOARD MEMBERS THAT ARE LISTED ON THE SHEET.
I DON'T KNOW IF EVERYONE HAS THIS, BUT MS. STONE HERE THAT DR.
RE IS THE FIRST PERSON TO ASK QUESTIONS CHAIR.
UM, I, UH, THOSE THAT HAVE QUESTIONS CAN EITHER STATE THEIR NAME OR RAISE THEIR HAND.
UM, SO IT, IT, IT'S UP TO YOU, BUT WE DON'T HAVE TO CALL EVERY SINGLE PERSON.
I SAW, UH, MR. UNA, YOU RAISED YOUR HAND.
UH, I HAVE A, A COUPLE QUESTIONS.
UM, BOTH OF 'EM ARE FOR STAFF, ONE WE TALKED ABOUT.
ANY OTHER, UM, HAS THERE BEEN ANY OTHER APPLICANT, ANY OTHER APPLICANTS IN THIS INTERSECTION SEEKING A VARIANCE SIMILAR TO WHAT IS BEING REQUESTED HERE? WHAT'S YEAH, BARDO, UH, FROM OUR, UH, SIGNED DIVISION HERE, SO HE'LL GO AHEAD AND ACCESS THE QUESTION.
GOOD AFTERNOON SERVICES AND, UH, WE HAVE NOT HAD ANY ERROR REQUESTS IN THIS AREA.
AND THE NEXT QUESTION IS JUST ON THE SURFACE OF THE MCDONALD'S SIGN, DO WE KNOW WHAT THE SQUARE FOOTAGE, I KNOW IT'S AN AIRY TYPE SIGN THAT DOESN'T HAVE THE BIG BLOCK SIGNAGE THAT THE OTHER COMPETITOR SIGN HAS, DO WE KNOW? SO WHAT WOULD THE, WHAT WOULD THE APPLICANT BE ALLOWED TO PUT UP PER REGULATIONS VERSUS THE SQUARE FOOTAGE OF THE MCDONALD'S SIGN? I MEAN, CLEARLY HE'S OFFERING UP, I MEAN, SOME, SOMETHING TO MITIGATE THE, THE 20 FOOT VARIANCE THAT HE IS REQUESTING AND TOOK, IN MY MIND, THAT IS THE NATURE OF THE SIGN, WHICH IS A MORE AIRY TYPE STRUCTURE THAN A BIG BLOCK LIT UP INTERNALLY.
IF IT'S, IF YOU COULD HELP ME WITH THAT.
FOR, UH, FOR OUR 10 28, THE ALLOWANCE FOR EXPRESSWAY PATTERN IS 375 SQUARE FEET.
AND DO WE KNOW WHAT THE PROPOSED MCDONALD'S SQUARE FOOTAGE IS JUST ON THE SURFACE AREA? UH, LESS THAN 3 75 MAYBE.
MAYBE THAT'S A QUESTION FOR THE APPLICANT, BUT ASSUME MAYBE LESS THAN 3 75.
I WOULD SAY ONCE WE FIGURE OUT A GEOMETRIC WHERE THE AIR, THE AIR SPACE IN BETWEEN, IT SHOULD COME UP.
WELL, SINCE, OKAY, SINCE, UH, THAT IS NOT PART OF THE, UH, MOTION HERE, WE MUST ASSUME THAT HE IS PLANNING ON COMPLYING WITH THAT PORTION OF IT NOT GONNA BE GRANTING US, UH, A SIGN THAT, THAT WAS MY POINT WAS THAT, THAT IN LIEU OF OUR, AS A LITIGANT FOR THE 20 FOOT VARIANCE, THE SIGNED SURFACE AREA WOULD BE LESS THAN WHAT IS ALLOWED TO HIM BY BY RIGHT.
IF HE WERE TO COMPLY WITH EVERY OTHER, UH, VARI, UH, EVERY OTHER REGULATION OF THE SIGN ORDINANCE, THAT WAS THE INTENT WITH THE QUESTION.
SO YOU, ARE YOU SUGGESTING THAT THE SIGN WAS SMALLER THAN IT WOULD JUSTIFY MARK A COLOR? THAT COULD BE, YES.
THAT, THAT'S, THAT'S A GOOD POINT.
ALRIGHT, DO WE HAVE ANY OTHER QUESTIONS, MR. MACHACA? YES.
[00:35:01]
UH, QUESTION I HAVE GET CLOSER TO THE OVERS OVERYEAH, WE WERE HAVING A DIFFICULT TIME ON OUR END TOO.
MR. MANCHA, WE CAN'T HEAR YOUR QUESTIONS VERY WELL.
YOUR, YOUR CAMERA'S ALSO BREAKING UP IF THINK YOUR BANDWIDTH IS A LITTLE WELL, OKAY, I APOLOGIZE.
UH, CAN YOU HEAR ME BETTER NOW? YES, WE CAN HEAR YOU NOW.
MY QUESTION WAS THAT, UH, HE EMPHASIZED THE ELEVATION OF THE BRIDGE THAT SPOKE TO HIM, THAT HE GOING NORTH AND SOUTH, THAT BLOCKING HIS BUSINESS.
AND I WAS CONCERNED THAT, THAT ONLY THIS SIGN ON ONE DIRECTION OPPOSED TO THE OTHER, AND IT'S A HUNDRED FEET OR 80 FEET BEYOND EVERYBODY.
SO THAT'S WHAT I'M CONCERNED ABOUT THE, OR THE TALKING ABOUT.
I CANT, SINCE, UH, HIS, UH, AUDIO WAS BREAKING UP, COULD YOU SUMMARIZE AGAIN WHAT HE SAID? I WE'RE NEW LAPTOP NEXT.
WE'RE ALL GOING THIS, I, I THINK I UNDER I THINK HE HAS SOME CONCERNS ABOUT SEEING THE SIGN FROM BOTH DIRECTIONS BASED ON THOSE ELEVATIONS.
CORRECT? I, I THINK THAT, WELL, MAYBE THAT'S A QUESTION FOR THE APPLICANT IF HE WANTS TO COMMENT ON HIS REQUESTED VARIANCE.
ALL, WELL, WE'LL HOLD THAT QUESTION TO BE, UH, WE BRING THE, UH, APPLICANT BACK.
HE CAN RESPOND TO THAT, BUT, OKAY.
YOU WANTED TO KNOW ABOUT THE HEIGHT EFFECT ON FROM BOTH DIRECTIONS.
IT REALLY OBSTRUCTION SO MUCH.
THAT MEANS A HUNDRED FEET OR 80 FEET.
ARE THERE ANY OTHER QUESTIONS? I'M SORRY, MARK.
UH, SINCE THE SIGN IS STILL GONNA BE 80 FEET AND IT'S OFF OF 1604, IS THERE ANOTHER ACCESS INTO THE MCDONALD'S BESIDES THE ACCESS ROAD OR THE SIDE ROAD? OKAY.
WE NOTE THAT QUESTION I THINK THE APPLICANTS HAVE TO ANSWER, BUT ACCORDING TO THE DIAGRAMS SUBMITTED IN ON THE FORMS, IT DID NOT SHOW, UH, A FLAG ACCESS TO MARBACH ONLY SHOWED ACCESS IN FROM THE, UH, IN FACT, IF STAFF CAN BRING UP THAT PARTICULAR DIAGRAM SHOWING THE, UH, PROPOSED BUILDING AND, UH, PLOT OF THAT LOCATION, YOU CAN SEE WHERE THE ACCESS WOULD BE.
I HEARD MR. MANNA, EXCUSE ME, MARIA, I'M GONNA GO TO MR. MANNA.
UM, SO THE QUESTION I HAD WAS LOOKING AT THE OTHER SIGNAGE THAT IS THERE AT THE INTERSECTION.
SO THE INTERSECTION RIGHT THERE IS, IT DOES SHOW TO HAVE A 20 FOOT, UH, CLEARANCE UNDERNEATH IT WAS PROBABLY 25 UH, FEET TO THE TOP.
SO YOU, I GUESS MY QUESTION IS, UM, WHAT ARE, WHAT WERE THE HEIGHTS OF THE OTHER SIGNS? AND I THOUGHT HE SAID WHAT THEY WERE, BUT I JUST WANNA CONFIRM THAT.
UM, BECAUSE THE SIGN THAT HE, UH, THE SIGN THAT HE POSTED, UH, SAID THERE WAS GONNA BE 15 FOOT IN HEIGHT.
SO ONE QUESTION WOULD BE IS SHOULD IT JUST BE 15 FOOT TALLER THAN THE EXISTING SIGN THAT'S THERE? BUT IT DOES PEAK ABOVE IT AND UM, YOU KNOW, IT DOESN'T NEED TO BE SIGNIFICANTLY ABOVE IT, I THINK, BUT IT, BUT YOU KNOW, I CAN SEE WHERE IT COULD BE ABOVE IT.
SO I'M JUST INTERESTED TO SEE WHAT THE HEIGHT OF THE EXISTING SIGNS ARE THERE AT THAT INTERSECTION.
I BELIEVE THAT WE'VE NOT RECEIVED ANY REQUESTS ACCORDING TO STAFF OR VARIANCES IN THIS PARTICULAR CORNER.
SO WE MUST ASSUME THAT NO SIGN IS HIGHER THAN 60 FEET.
UNLESS THE SIGN WAS BUILT PRIOR TO BEING IN OUR E T A, BUT
[00:40:01]
OTHER, NO OTHER VARIANCES REQUESTED.ALL OF THE REST OF THE SIGNS APPLY.
SO IT COULD BE NO CALLING IN 60 FEET.
DOES THAT ANSWER YOUR QUESTION, MS. NANA? IT DOES.
DO WE HAVE ANYONE ELSE THAT HAVE SOME QUESTIONS SPEAK UP? 'CAUSE I MAY NOT HAVE YOU ON MY SCREEN.
UM, SO I JUST WANNA UNDERSTAND, UM, WHAT WE'RE LOOKING AT HERE.
UM, THEY'RE ALLOWED 60 FEET BY, RIGHT? UM, WE'RE, WE'RE, SEE THEY'RE TAKING A 20 FOOT VARIANCE FOR AN EIGHT FOOT TALL, BUT THE DIAGRAM OR THE PICTURE THAT WE'RE GIVEN SHOWS A HUNDRED FEET.
SO ARE WE, ARE, ARE WE SEEING FOR 80 FEET OR THAT AS WELL? HOWEVER, WHAT WE'RE DISCUSSING IS NOW AN 80 FOOT MAXIMUM REGARDLESS OF THE DIAGRAM THAT WAS PROPOSED.
THAT IS THE HIGHEST THAT WE CAN GO BECAUSE I BELIEVE THAT'S ALL WE HAVE REGARDED.
DOES THAT ANSWER YOUR QUESTION? ZERO.
MS. FISHER? I JUST HAVE ONE, RIGHT? I'M LOOKING AT THE PROPOSED SITE PLAN OR THE, THE, UH, SO I EXPLAIN, IS THERE GOING TO BE A ACCESS ROUTE TO THE REAR OF THE PROPERTY SO THAT THE, UH, TRAFFIC CAN BE ENTERED BY ADJOINING PROPERTIES ON THE SUB IN THE COMMERCIAL SUBDIVISION? LIKE IN OTHER WORDS, IS THERE MORE ACCESS FROM THE INTERNALLY WITHIN THOSE DEVELOPMENTS? WE'LL ASK THAT.
THE APPLICANT, ACCORDING TO THE DIAGRAMS, THEY DO NOT SHOW A FLAG ALLOW, UH, AREA ALLOWED TO THAT PROPERTY, BUT THEN WHO KNOWS WHAT THEY'VE NEGOTIATED.
ANY OTHER QUESTIONS? ALRIGHT, THEN LET'S, LET'S GO AHEAD AND RETURN THE APPLICANT'S, UH, TO, TO ANSWER SOME OF THESE QUESTIONS.
ANYTHING, UM, A BACK ISSUES? WE'RE GOOD? YOU HEAR ME OKAY? YEAH, WE'RE GOOD NOW.
UM, WELL Y THANK Y'ALL FOR THE QUESTIONS AND THE CONSIDERATION.
UM, AND JUST REAL QUICK, I'M GOING BACK TO, UM, THE, THE COMMENT FROM CONNIE THAT, THAT THAT NORTH SIDE PAPERS, UM, THE ADJACENT PROPERTY OWNERS, THAT REALLY IS A, A BIG, LIKE I MENTIONED BEFORE, CONSIDERATION, ONE FOR THE NEED VARIANCE FOR FOR US, BUT, BUT ALSO THEM, ALTHOUGH OUR SITE IS PREDOMINANTLY OPEN AIR, UH, YOU KNOW, I THINK IT HAS A CHANCE OF, OF BLENDING IN PARTICULARLY GIVEN THE SAME RED COLOR OF THE QD AND, AND THE BOTTOM OF OUR MCDONALD'S.
BUT, UM, SO IT, I THINK THAT REALLY ADD TO THE CLUTTER AND AFFECT NOT ONLY US OF ADJACENT PROPERTY IF WE'RE BOTH AT THE SAME HEIGHT.
UM, BUT A AGAIN, AS YOU SAW THE, THE OTHER SIGNAGE OUT THERE, ONE ADJACENT TO US IS SO LARGE IN JUST SIZE, COMPLETELY SOLID, IT WOULD BLOCK US ENTIRELY.
SO WE DO I NEED TO ABOVE THERE AND, AND GO BACK TO A COMMENT, UH, THAT, THAT MADE.
UM, AND, AND I THINK IF I HEARD IT CORRECTLY, SO OUR, OUR SIGN, UM, THE BOTTOM OF THAT MCDONALD'S, UH, RED PARTS AND THE TOP OF GOLDEN ARCHES IS JUST OVER 15 FEET.
UM, SO, AND THE QT SIGN IS SIX FEET.
IT WOULDN'T TOP SO, YOU KNOW, AT A BARE MINIMUM, 75 FEET WOULD REALLY MAKE IT JUST A, A VISIBLE A ABOVE THE QT SIGN.
UM, WE DID ACTUALLY, UH, INITIALLY REQUEST, UH, A LARGER VARIANCE TO ALLOW FOR A HUNDRED FOOT SIGN.
UH, THAT WAS REALLY WHAT MCDONALD'S SAW AS THE IDEAL HEIGHT FOR, UH, VISIBILITY.
GIVEN ALL THE THINGS WE TALKED ABOUT, UH, IN, IN DISCUSSING WITH STAFF AND KIND OF LOOKING AT PROPERTY AND DID SO, UM, UM, ONE, WE, WE DO HAVE, UH, CROSS ACCESS WITH THE QT ADJACENT TO US AND WHAT WILL BE DEVELOPED BEHIND US.
UH, SO THE, THE MINIMIZE NUMBER OF CURB CUTS ON THE 60 0 4 FRONTAGE,
[00:45:01]
UH, THERE IS CROSS ACCESS AMONGST THOSE COMMERCIAL USES.UH, SO THAT'S WHY YOU THINK WE DO NOT, THE MCDONALD'S DOES NOT HAVE ACTUAL CORRECT DRIVEWAY TO THE 1604 FRONT.
UM, I, I, I THINK, I THINK I ANSWERED ALL THE QUESTIONS.
I, I, I DID HAVE A LITTLE TROUBLE, UH, HEARING, UH, MR. KO'S QUESTION, SO, UM, IF I MISS ANYTHING, PLEASE LET ME KNOW.
BUT AGAIN, THIS REALLY IS THE, THE NECESSARY HEIGHT BUMP TO ALLOW FOR SIGNAGE THAT IS, THAT IS VISIBLE, UM, BOTH ABOVE AND YOU MORE IMPORTANTLY FROM FAR AWAY.
UM, THE, I, I DON'T HAVE THE EXACT SQUARE FOOTAGE OF OUR SIGN ITSELF.
LIKE I SAID, IT'S A LITTLE OVER 15 FEET TALL BY 20 FEET WIDE, BUT THAT'S NOT THE TRUE MEASUREMENT BECAUSE AGAIN, YOU SEE THAT THE ARCHES ARE PROBABLY THE WIDEST PART, UH, MAY BE A, A FOOT WIDE.
SO IT, IT PREDOMINANTLY IS OPEN AIR AND THAT IS CERTAINLY SOMETHING THAT WE, UH, BELIEVE JUSTIFIES THE VARIANCE THAT IT IS, YES, WE'RE ASKING TO GO HIGHER, BUT WE'RE MUCH, MUCH SMALLER THAN A WHAT OTHERWISE ALLOWED B WHAT OUR ADJACENT PROPERTIES HAVE.
UM, SO, UH, AGAIN, IF I, IF I MISS ANY, UH, QUESTIONS, PLEASE LET ME KNOW.
HAPPY TO, UH, ANSWER 'EM OR, OR DO MY BEST.
BUT, UH, AGAIN, REALLY APPRECIATE Y'ALL TALKING IN CONSIDERATION OF THIS.
UH, ONE, UH, QUESTION I WOULD HAVE IN REGARD WASN'T, UH, PLAYED IN ANY OF THE DRAWINGS.
WHAT IS THE DISTANCE BETWEEN THE QT SIDE AND THE MCDONALD'S ON DISTANCE ON THE GROUND? UH, THAT, THAT'S A GOOD QUESTION AND I APOLOGIZE.
UM, BUT THEY'RE THE QT UM, BECAUSE THEY ARE ON THE CORNER AND BECAUSE THEY DO HAVE TWO SIGNS, THEIR SIGN THAT IS CLOSE TO OUR PROPERTY, UH, LOOKS LIKE IT'S VERY, VERY CLOSE TO THE PROPER LINE.
UM, AND THEN OUR SIDE IS, UH, PROBABLY ABOUT 35 FEET, UH, AWAY FROM, FROM OUR PROPER LINE.
SO, UH, IF, IF I HAD TO GUESS, I'D SAY LET'S, IF P BE, UM, FROM THEIR SIDE TO OURS, BUT IT COULD BE, COULD BE A LITTLE MORE GOOD QUESTION.
ONE OF THE OTHER QUESTIONS THAT WAS ASKED, ALTHOUGH IS NOT PERTINENT, NECESSARILY PERTINENT, BUT, AND HAD AN INFLUENCE ON THIS PARTICULARIZATION, WAS, IS HAS MCDONALD'S NEGOTIATING OR DO THEY HAVE, UH, AN ACCESS RIGHT AWAY TO MARBA WHERE THEY'VE MADE
THEY DO, THEY HAVE ACCESS THROUGH THE QUICK DRIFT.
UM, AND THEN THERE'S ALSO A, UH, PRIVATE PARTIAL DRIVE THAT RUNS US, UH, ON OUR OTHER PROPERTY LINE THAT CAN CURVE BACK AROUND THE
SO, UH, LONG ANSWER YOUR QUESTION, YES, THE, THE QUICK TRIP NEXT TO US MCDONALD'S, AND THEN THERE'S ONE MORE COMMERCIAL LOT BACK BEHIND, UH, THE MCDONALD'S AND QUICK TRIP, UH, THAT WILL ALL HAVE SHARED ACCESS, UH, FOR THE SUB CLASS.
SO, SO IN ESSENCE THERE IS NOT GONNA BE A FLAG POLE EXTENSION OF THE PROPERTY ALLOWING ACCESS.
THAT ACCESS WOULD BE KIND CURBING BACK AROUND THE SIDE OR, UH, THROUGH THE FOOD TRIP PROPER, UH, WHICH THEY HAVE.
SO ESSENTIALLY AT THIS POINT, THIS IS THE ONLY SIGN THAT GONNA BE REPRESENTING MCDONALD'S, UH, WHERE THE PROPERTY, UH, ON THE, ON THE FRONT, CORRECT? CORRECT.
UM, THIS, THIS IS THE ONLY SIGN, SO THAT'S WHY WE, WE NEED TO MAKE THE COUNT.
UH, AND ONE OF THE QUESTIONS THAT WAS, UM, POINTS THAT WAS MADE BY THE, UH, PUBLIC, UH, SPEAKER IN THIS CASE, I CAN'T RECALL HER NAME, IF SHE MENTIONED SOMETHING OF UNBOUND THAT, UH, THAT YOU BELIEVE THAT THIS WOULD CLUTTERED THE AREA.
I BELIEVE YOU ADDRESSED SOME OF THE POINTS.
I THINK, UH, THIS IS WHY I ASKED THE QUESTION ABOUT OTHER SIGNAGE, UH, BECAUSE I BELIEVE THAT'S PART OF THE PRO ISSUE THAT MOST NA COMMUNITIES AROUND THE AREA HAVE IS TOO MANY SIGNS THAT IN, IN THIS REGARD, UH, THIS, LIKE I SAID, THIS, THIS IS THE ONLY PROPERTY LOCATED SIGN FOR MCDONALD THAT THAT'S CORRECT AND THAT'S A GREAT POINT.
WE REALLY TRYING TO CLUTTER, I'M TRYING PICK THE NEXT DOOR, BUT BECAUSE I THINK THAT'S THE NATURE OF A GAS STATION AS WELL, YOU KNOW, THEY HAVE, THEY HAVE THEIR TWO LARGE UT SIZE, THEY HAVE THEIR GAS PRICE SIZE THERE, YOU KNOW, THERE IS A LOT MORE SIGNAGE, A LOT MORE CLUTTER.
UM, THE MCDONALD'S SIGN, YOU KNOW, AGAIN, BECAUSE THEY, THEY REALLY HAVE
[00:50:01]
THAT, UH, YOU KNOW, BRAND RECOGNITION.UH, THEY CAN HAVE THE MINIMAL SIGNAGE OF, UH, JUST ONCE THE ONE SIGN AND, AND THE GOLDEN ARCHES THEN, UM, IS, IS WHAT THEY NEED TO EFFECTIVELY ADVERTISE WITHOUT HAVING SEVERAL SIGNS, BIG SIGNS, MULTIPLE SIDE FACES, UH, ALL OF THAT.
SO IT IS ONE, ONE FULL SINGLE, UH, SMALL SQUARE FOOTAGE, BUT, UM, BUT NEED TO HAVE SOME MIKE THAT ALLOWS IT TO BE SEEN.
UH, IS, UH, ARE THERE ANY FURTHER QUESTIONS? SPEAK UP PLEASE.
UH, THIS PARTICULAR TIME, I'M GONNA GO AHEAD AND CLOSE THIS PORTION OF THE MEETING TO PUBLIC INPUT, AND I'M REQUESTING THAT, UH, ONE OF THE BOARD MEMBERS OFFER A MOTION OZUNA, MR. OZUNA, PLEASE, REGARDING CASE NUMBER BO O A 20 DASH 1 0 3 0 0 3 4.
I MOVE THAT THE BOARD OF ADJUSTMENTS GRANT A 20 FOOT VARIANCE FROM THE MAXIMUM SIGN HEIGHT OF 60 FEET TO ALLOW TO ALLOW A SIGN TO THE 80 FEET TALL, SITUATED GENERALLY AT THE CORNER OF BAR ROCK ROAD IN WEST LOOP 1604 NORTH APPLICANT BEING KILLING GRIFFIN AND FAIRMONT P L L C.
BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN ANOTHER UNNECESSARY HARDSHIP PURSUANT TO SECTION 28 DASH 2 4 7 OF CHAPTER 28, SIGNS AND BILLBOARDS OF THE CITY CODE.
IN ORDER FOR A VARIANCE TO BE GRANTED, THE APPLICANT MUST DEMONSTRATE ONE THE VARIANCE NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE ADEQUATE SIGNS ON THE SITE.
UH, CONSIDERING THE UNIQUE FEATURES OF A SITE SUCH AS THE DIMENSIONS, LANDSCAPING OR TOPOGRAPHY, OR TO A DENIAL OF VARIANCE, WOULD PROBABLY CAUSE A CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY.
DUE TO THE UNIQUE FEATURES OF THE ELEVATED EXPRESSWAY THAT THE APPLICANT PROVIDED TESTIMONY OF, UH, ADJACENT TO THE SUBJECT PROPERTY, THE PROPOSED 80 FOOT SIGN IS WARRANTED AND WILL AND WILL CONFORM TO EXISTING CONDITIONS OF THE, OF THE COMMERCIAL AREA.
UH, THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH THE SUB PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING THE VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILARLY SITUATED, UH, THE REQUEST, THE REQUEST IS NOT OUTTA CHARACTER WITH THE SURROUNDING COMMERCIAL PROPERTIES.
THIS SIGN WILL NOT BLOCK ANY EXISTING BUSINESS, SIMILAR HEIGHT SIGNS WITHIN THE AREA, INCLUDING THOSE OF THE QUIKTRIP IN ANY FUTURE DEVELOPMENT DEVELOPMENT OPPORTUNITIES.
ADDITIONALLY, THE UH, SURROUNDING LAND, UH, OWNERS HAVE THE OPPORTUNITY TO SEEK A VARIANCE SUCH AS THE APPLICANT, IN WHICH CASE, UH, THEY WOULD HAVE, UH, SIMILAR, UH, OPPORTUNITY TO VET THEIR, UH, VARIANCE REQUESTS.
B, BY GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES.
THE PROPOSED VARIANCE WILL NOT HAVE AN ADVERSE IMPACT ON NEIGHBORING PROPERTIES, UH, SURROUNDING PROPERTIES.
A SIMILAR SIGNAGE FURTHER DUE TO THE NATURE OF MCDONALD'S, MINIMUM SIDE SQUARE FOOTAGE WILL NOT SUBSTANTIALLY, UH, WILL NOT BE SUBSTANTIALLY LARGE SIDE FIELD.
UH, THE APPLICANT, UH, COULD BY RIGHT GO UP TO 375 SQUARE FEET.
UH, WE HAVE SEEN THAT, UH, THE SIGNED DIMENSIONS OF THE MCDONALD'S SIGNED TO 15 BY 20.
NOW THAT WOULD BE 300 SQUARE FEET, AND IT'D BE LESS THAN THAT BECAUSE THE AIR, UM, CUTOUT BETWEEN THE MCDONALD'S LOGO.
SO THE SIGNED FAITH WOULD BE SUBSTANTIALLY LESS THAN WHAT WOULD BE ALLOWED BY RIGHT, UH, TO THE APPLICANT.
I SEE GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSE OF THIS ARTICLE.
THE REQUESTED VARIANCE DOES NOT CONFLICT WITH THE STATED PURPOSE OF THIS CHAPTER.
THE REQUEST IS SIGNED HIGH, PROVIDES REASONABLE LIMITS ON SIGNAGE TO HELP PRESERVE ECONOMIC CORNERSTONES.
FURTHER, THE REQUEST WILL NOT CREATE TRAFFIC HAZARDS BY CONFUSING.
OUR DISTRACTING MOTORISTS ARE BY IMPAIRING THE DRIVER'S ABILITY TO SEE PEDESTRIANS.
OBSTACLES OR OTHER VEHICLES, OR OTHER VEHICLES ARE TO READ TRAFFIC SIGNS AND OF MOTION.
SECOND, I'M SORRY, ROOMMATE DEAL.
WE HAVE A, UM, WE HAVE A MOTION AND WE HAVE A SECOND.
UH, DO WE NEED TO, UH, DO WE NEED SOME, UH, FURTHER DISCUSSION ON THIS? MR. UNA, YOU, YOU MADE THE MOTION.
YEAH, I'M GONNA BE SUPPORTING THE MOTION.
I'D LIKE THE FACT THAT A, THE, UH, THE SIGN SQUARE FOOTAGE, THE FACE OF THE SIGN IS GONNA BE SUBSTANTIALLY LESS THAN WHAT'S ALLOWED BY, RIGHT.
UH, ADDITIONALLY, UH, NO OTHER APPLICANT HAS SOUGHT A VARIANCE OF WHICH WE COULD CONSIDER THAT.
UH, BUT BEFORE THE, UH, UH, FOR THE REASONS THAT WE'VE SPOKEN THE ELEVATION, UH, DIFFERENCES THAT NEEDING TO BE, UH, REDUCING THE CLUTTER, UH, WITH ADDITIONAL SIGNAGE, WE'RE LIMIT IT TO ONE SIGN AND THEN THE HEIGHT THEY NEED TO GET OVER THE Q TWO SIDE.
ALL THOSE, UH, REASONS ARE WHY SUPPORT THE VARIANCE.
MR.
I, I THINK THEY PRESENTED A GOOD CASE.
THE TOPOGRAPHY CHANGES ALONG WITH THE, UH, ELEVATIONS OF THE FREEWAY, AND THAT RELATIVE TO
[00:55:01]
THE ACCESS ROAD, UH, DO PROPOSE SOME UNIQUE CIRCUMSTANCES.AND I FEEL LIKE THEY'VE, THEY'VE MET THE INTENT, UH, OF THE OVERLAY AS WELL AS THE CODE, AND THEREFORE I'LL BE SUPPORTING.
DO WE HAVE ANY OTHER BOARD MEMBERS WOULD LIKE TO CONCLUDE IT THEMSELVES IN THIS DISCUSSION? MANANA, MR. MANANA, PLEASE.
UM, I PROBABLY WILL NOT BE SUPPORTING THIS, UH, MOTION SIMPLY BECAUSE, UM, YOU KNOW, I THINK THAT 75 WOULD'VE BEEN CLOSER, I THINK 60, YOU KNOW, UM, IS PRETTY TALL ALREADY THERE IN THAT AREA.
AND BASICALLY IT BECOMES A COMPETITION TO SEE, YOU KNOW, WHO SIGNS ARE, YOU KNOW, WE CONTINUE TO SEE, UH, MORE SIGN REQUESTS AT THIS INTERSECTION BECAUSE IT IS A GROWING, UH, UM, BUSY PLACE.
AND SO I THINK THAT BY LETTING THIS IN, WE'RE JUST GONNA OPEN UP FOR A LOT MORE CALL SIGNS AT THIS INTERSECTION.
SO I'M, I'M HAVING CHALLENGES HERE, THINKING ABOUT THE RECRUITING.
THANK YOU VERY MUCH, MR. MANO.
MR. MANCHACA, I BELIEVE YOU HAVE A QUESTION OR SOME STATEMENT? YES, SIR.
I TERMS OF, UH, CAN'T HEAR YOU.
I, I THINK HE'S, HE'S, HE'S, HE'S BASICALLY AGREEING WITH MR. MANDA, IS THAT CORRECT? CORRECT.
ANY OTHER PERSON, UH, ON THE BOARD HAVE A, A STATEMENT MADE, UH, UH, JONATHAN DELMER, MR. DELMER, I WILL BE SUPPORTING THIS MOTION.
UH, I AGREE THAT THEY, UH, PRESENTED A, A GOOD CASE, UH, FOR THE, UH, VARIANCE AND, UH, I KNOW THIS FRANCHISEE HAS, HAS, UH, SPENT A LOT OF MONEY AND I, I, UH, THINK IT'S A GOOD, A GOOD, UH, UH, SIGN TO GO THERE, SO I'LL BE SUPPORTING IT.
ANYONE ELSE HAVE ANY COMMENTS THEY'D LIKE TO MAKE? VINNO AND MR. VINNO, PLEASE? YES.
I, I, I'M ALSO IN SUPPORT OF IT.
I THOUGHT THAT THEY MADE A VERY GOOD CASE AND, UM, THE FACT THAT THEY'RE TRYING TO REDUCE THE AMOUNT OF CLUTTER BY RAISING THE SIGN, UM, SHOWS THAT THEY'RE, THEY'RE, THEY ARE CONSIDERING THEIR COMMUNITY AND THEIR FELLOW BUSINESS MEMBERS.
UM, BECAUSE WITH THEIR SIGN GOING UP, THEY'RE ALSO CONSIDERING THE FACT THAT QT AND THESE OTHER ONES WILL BE ALSO BE MORE VISIBLE.
UM, SO I DO THINK THAT THEY'RE REDUCING THE CLUTTER AND I WILL BE IN SUPPORT OF IT.
DO WE HAVE ANY OTHER COMMENTS? UH, THE ONLY COMMENT I HAVE ON, ON THIS IS THAT THIS IS FROM MY EXPERIENCE.
UM, I USED TO LIVE IN DALLAS AND HOUSTON, AND THE FREEWAYS IS VERY DIFFICULT WHEN WE HAVE TOO MANY AND MANY SIGNS.
SAN ANTONIO IS LEADING TO PACK AND, AND TRYING TO MAKE IT MORE OF A ORIGINAL, UH, CONCEPT OF WHAT WE YOU SEE OR WHAT YOU'RE EXPOSED TO.
BUT MY CONCERN REALLY, BELIEVE IT OR NOT, IS NOT JUST MCDONALD'S BUT'S QT, AND WHEN YOU PUT SIGNS ADJACENT TO EACH OTHER, ONE IS BLOCKING THE OTHER.
AND TO ME, THAT DEFEATS THE WHOLE PURPOSE OF THE SIGNAGE IN FIRST PLACE.
UM, I, I AGREE THAT ADDITIONAL HEIGHT IS NECESSARY HERE.
AND, UH, SO AT THIS TIME I'M GOING TO, TO, UH, REQUEST THAT WE TAKE A ROLL CALL VOTE.
SO I HAVE A MOTION TO APPROVE, UH, MADE BY MR. UNA WITH A SECOND, BY MR. KEEL.
UM, I CONCUR THE FINDINGS OF THAT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MANA, I DO NOT CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF THE FACT, MR. OONA.
MS. CHER? YES, I CONCUR WITH THE FINDINGS OF FACT.
AND MARTINEZ, I CONCUR WITH THE FINES OF FACT.
I SHOW THAT THE VOTE WAS NINE, FOUR AND TWO AGAINST THE MOTION DOES PASS.
UM, AND THE APPLICANT NEEDS TO, I GUESS, PROCEED THROUGH STAFF FOR THE PROPER PERMITTING AND, UH, RESTRICTION.
SO THAT CONCLUDES, UH, CASE NUMBER ONE TODAY.
EXCUSE ME, GO ONTO THE SECOND CASE.
I JUST WANNA BE SURE, UM, THAT MS. FISHER'S SCREEN IS NOT, UH, SHOWING HER HER, I GUESS HER PICTURE.
SO I WANNA BE SURE THAT HER VIDEO IS STILL WORKING.
ARLENE, ARE YOU HAVING PROBLEMS WITH THE COMPUTER? THERE SHE IS.
[01:00:01]
OH, WELCOME BACK.ALL RIGHT, SO CAN WE PROCEED? OKAY, AGAIN, THIS IS ZEKE
[2. 20-3025 BOA-20-10300024: A request by Lake Flato Architects for a request for a 12’ variance from the River Improvement Overlay required maximum height of 84’ to allow a new commercial building with architectural features to be 96’ high, located at 646 South Flores Street. Staff recommends Approval. (Council District 1) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)]
CASE NUMBER IS BO O A 21 0 3 0 0 0 2 4.LOOK AT 6 46 SOUTH FLOOD STREET.
APPLICANT IS LATE, UH, PLATO ARCHITECTS TO REQUEST FOR A 12 FOOT VARIANCE AND THE RIVER IMPROVEMENT OVERLAY.
REQUIRED MAXIMUM HEIGHT OF 84 FEET TO ALLOW NEW COMMERCIAL BUILDING WITH ARCHITECTURAL FEATURES TO BE 96 FEET HIGH.
CURRENT ZONING IS D, HISTORIC H E HISTORIC SIGNIFICANT RIO FOUR.
THE SUBJECT PROPERTY IS LOCATED IN THE, THE CENTER OF THE H I V ARSENAL CAMPUS OF SOUTH FLORIDA, EAST CESAR CHAVEZ, AND EAST ARSENAL STREET.
CURRENTLY THE LOCATION OF THE PROPERTY OF SURFACE PARKING LOT, THIS IS ACTUALLY RIGHT BEHIND THE COMMANDER'S HOUSE, RIGHT BEHIND THE CURRENT A E B STORE.
THERE'S A PARKING LOT BEHIND THE COMMANDER'S HOUSE.
THIS IS WHERE THIS, THIS WILL ACTUALLY BE LOCATED.
THE PROMOTE STRUCTURE IS SURROUNDED BY EXISTING COMMERCIAL STRUCTURES ON ALL SIDES, WITH THE CONSIDERABLE DISTANCE FROM ALL RIGHT OF WAY APPROXIMATELY 342 FEET FROM EAST CEDAR CHAVEZ BOULEVARD, 445 FEET FROM EAST ARSENAL STREET, AND 568 FEET FROM SOUTH FLOOD.
AS THE PROPOSED PROJECT IS LOCATED WITHIN THE, THE RIO OVERLAY DISTRICT, UH, DESIGN GUIDELINES MUST BE ADHERED TO AND REVIEW MUST BE CONDUCTED BY HISTORIC AND DESIGN REVIEW COMMISSION.
THE PROPOSED PROJECT WAS HEARD BY H G R C, JANUARY 15TH, 2020, AND WAS RECOMMENDED AS APPROVAL.
THE MAXIMUM BUILDING HEIGHTS SHALL BE AS DEFINED IN TABLE 6 74.
TWO RE FOUR SHALL BE LIMITED TO MAXIMUM OF SEVEN STORIES AND 84 FEET IN HEIGHT.
GUIDELINES OF THE RIO FOUR DISTRICT IN REGARDS TO HEIGHT ARE AS FOLLOWS.
THE BUILDING HEIGHTS, UH, VARY ALONG THE RIVER CORRIDOR FROM ONE STORY HOUSES TO HIGH RISE HOTELS AND APARTMENTS.
UH, THIS DIVERSITY OF BUILDING HEIGHTS IS EXPECTED TO CONTINUE, HOWEVER, WITHIN EACH ZONE, A GENERAL SIMILARITY IN BUILDING HEIGHTS SHOULD BE ENCOURAGED IN ORDER TO HELP ESTABLISH A SENSE OF VISUAL CON CONTINUITY.
IN ADDITION, BUILDING HEIGHTS SHALL BE CON CONFIGURED SUCH THAT A COMFORTABLE HUMAN SCALE IS ESTABLISHED ALONG THE EDGES OF THE PROPERTIES AND VIEWS TO THE RIVER AND OTHER SIGNIFICANT LANDMARKS ARE PROVIDED WHILE ALLOWING THE, THE APP THE APPROPRIATE DENSITY OF AN AREA.
THIS IS THE LOCATION OF THE, UM, THE PROJECT.
IT'S AT THE CENTER OF THE CAMPUS, AS YOU CAN TELL.
THE NEXT SLIDE ARE GONNA BE OF THE RENDERINGS OF THE PROJECT, AS WELL AS THE LOCATION.
AND AS MENTIONED IN THE SLIDE, IT WILL BE A TECH HUB STAFF RECOMMENDS APPROVAL OF A OF BO O A 21 0 3 0 0 0 2 4 BASED ON FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THE DISTRICT IN ADEQUATE SPACE WILL BE UTILIZED FOR RENT, STORM WATER RUNOFF, MAINTENANCE OF PROPERTY AND MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS.
AND THE PROPOSED STRUCTURE IS SET WELL WITHIN THE H E V CAMPUS WITH ADEQUATE SPACE TO ANY RIGHT OF WAY THAT PREVENTS UNCHARACTERISTIC HEIGHT DIFFERENCES.
THERE ARE 30, 31 NOTICES SENT OUT.
AND OPPOSITION AS NOTATED ON THE MAP.
THERE WAS ONE OUTSIDE, NO RESPONSE FROM THE KING WILLIAM NEIGHBORHOOD ASSOCIATION, AND THAT CONCLUDES THE PRESENTATION.
OKAY, SINCE WE'RE HOLDING ALL QUESTIONS, SO THAT WE'VE COMPLETED WITH THE, UH, SHERIFF, NOW LET'S GO AHEAD AND REQUEST THAT THE APPLICANT, UH, BE BROUGHT FORWARD AND WHO WILL BE SPEAKING FOR THEM.
I HAVE, UH, ADRIANA SWINDLE ON THE LINE IS REMINDER.
MR. ADRIAN SWINDLE ADDRESS IS THREE 11 THIRD STREET WITH LAKE ARCHITECT, UH, PRESENTING REGARDING THEIR REQUEST FOR A HIGH ON THE H PROJECT LOCATED WITHIN THE RIO FOUR OVERLAY DISTRICT.
I THINK THERE'S A SLIGHT DELAY ON THE SCREEN.
JUST TRYING TO MAKE IT ACCLIMATED TO THIS PRESENTATION STYLE.
UM, WILL, WILL YOU PULL UP THE SITE PLAN OR THE PRESENTATION? THE PRESENTATION IS ON, IF YOU WANNA TELL US WHICH SLIDE TO GO TO.
WE CAN ACTUALLY GO DIRECTLY THERE.
IT'S ACTUALLY THE FIRST SLIDE.
[01:05:01]
WE'RE THERE NOW.I HAVE A SLIGHT DELAY IN MY SCREEN SEEING THE PROPERTY BOUNDARY.
SO, SO YOU'RE WATCHING IT ONLINE.
THERE'S GONNA BE A SLIGHT DELAY.
SO WHAT WE'LL DO HERE IS JUST LET US KNOW WHICH SLIDE AND WE CAN ACTUALLY GO THERE.
SO I'LL JUST GO AHEAD AND START.
THIS DEVELOPMENT IS A NEW HUNDRED 70,000 SQUARE BUILDING REFERRED TO AS BOROUGH TECH HUB.
THE TECH HUB
THE BUILDING DESIGN INCLUDES FOUR AND ONE HALF STORY.
UM, IT'S KIND OF, IT'S A FOUR STORY BUILDING UP ONE SIDE, FIVE STORY AT THE OTHER.
UM, FOUR STORY AT THE NORTHLAND NORTH IS UP FROM THE FRAME THAT YOU'RE SEEING, UM, WITH FING DOWN TOWARD THE PAGE, UM, AND ONLY ONE SIDED SIDE LEVELS.
CONCEPTUALLY, THIS PROJECT IS ENVISIONED OF A CONCRETE AND MASS HYBRID STRUCTURE.
EXTERIOR MATERIAL PALLET IS LIMESTONE HEARD WALL MASK, PAINTED HEEL AND LU SYSTEM RESPONDING TO SOLAR ORIENTATION CONDITIONS.
THE BUILDING WILL INCLUDE CAMPUS AMENITIES SPACES SUCH AS AMPHITHEATER AND MULTIPLE COURTYARDS.
THIS NEW PROJECT WILL BE A CELEBRATION OF LOAN IMPACT DEVELOPMENT STRATEGIES AND SUSTAINABLE PRACTICES ON THE CAMPUS.
THE CURRENT CONCEPTUAL BUILDING DESIGN INCLUDES A HEIGHT AND OF THE MAXIMUM 84 FEET ALLOWED BY THE RIVER OF THE LAND IMPROVEMENT DISTRICT FOUR PER TABLE 6 74 2 OF THE UNIFIED DEVELOPMENT CODE.
IT IS ANTICIPATED THAT THE STRUCTURE WILL BE AT ITS MAXIMUM CONDITION.
96 FEET IS REQUESTED TO ALLOW FOR THE PROVISION OF 19 SIX FEET AND HEIGHT FOR THIS APPLICATION WITHIN FOUR.
WHICH SLIDE WOULD YOU LIKE? UH, THE, THE, WHERE THAT ONE.
THIS CONDITION OF APPROACH BUILDING IS LOCATED ON A PRIVATE CAMPUS AND DOES NOT DIRECTLY INTERFACE WITH A PUBLIC SPACE.
HOWEVER, THE PROJECT WILL BE WITHIN EAST FROM ALL ORIENTATIONS AT PUBLIC SIDEWALK FROM PATHWAYS AT FLORIDA, EITHER AL TREE AND SAN ANTONIO RIVER.
THE BUILDING IS LOCATED CENTRAL TO THE CAMPUS AND SIGNIFICANT DISTANCES FROM ROADWAYS AND THE RIVER VARYING FROM 300 TO 500 FEET.
THE ARCHITECTURE AND MOUNTING OF THE PROPOSED BUILDING WILL HIGHLY CONSIDER THE EXISTING CONTEXT OF THE PROJECT AND RESPECTIVE VIEWS FROM ITS SURROUNDINGS.
THIS IS A UNIQUE SITE AS EVERYONE, UM, I'M ASSUMING IS AWARE, ORDERED BY DOWNTOWN SAN ANTONIO AND THE KING WILLIAM NEIGHBORHOOD DISTRICT, WHICH IS AING MIXTURE OF HISTORICAL NEIGHBORHOOD AND RAPIDLY GROWING COMMERCIAL DEVELOPMENT.
THE CAMPUS AND ITS FUTURE GROWTH STRIKE TO BE HIGHLY ASPIRATIONAL.
AND WITH THIS ENGAGEMENT IN RELATIONSHIP TO THE RIVER, IN ADDITION TO ENHANCING DEVELOPMENT ALONG THESE EXISTING COMMERCIAL CORRIDORS, IF YOU CAN GO BACK TO THE SECTION.
UM, THE PROPOSED ARSENAL, TECA BUILDING AND HEIGHT, ARE PART OF A PHASE CAMPUS VISIONING STRATEGY, UM, RESPECTED TOVS GROWTH.
THE PROPERTY IS FINITE AND DEFINED BOUNDARIES EXIST FOR THE DEVELOPMENT WITHIN THIS HISTORICAL PARCEL TO MAXIMIZE THE USE OF PROPERTY, THE HIGH REQUIREMENT POSES A CHALLENGE TO THE LIMITATIONS FOR EACH OF THESE CORPORATE HEADQUARTERS GROWTH IN THE FUTURE TO LAND THE SLIGHT PROPOSED INCREASE IN HEIGHT IS 96 FEET, WHICH EXTENDS BEYOND THE ALLOWED 84 FEET.
CURRENTLY ENABLE TARGETED GROWTH TO ADVANCE POSITIVELY BY SETTING THE PATH FORWARD FOR EFFICIENTLY MAXIMIZING AND FOOTPRINT.
WHICH, UH, THE SECTION VIEW, WHICH IS THE NEXT SLIDE, I BELIEVE WE'RE ON SECTION AA RIGHT NOW.
UM, THE PORTION OF THE BUILDING HEIGHT ABOVE 84 FEET, AS YOU CAN SEE IN THE SECTION, IS FOR THE MOST PART THE PENTHOUSE STRUCTURE AND SOME DAY LIGHTING ELEMENTS THAT ARE FACILITATED ON THE ROOF.
UM, IT SHOULD BE NOTED THAT THESE ELEMENTS WILL BE A LIGHTER ARCHITECTURE AND NOT NECESSARILY A HEAVY STRUCTURE, UM, TO ELIMINATE THE APPEARANCE OF HEAVINESS AT, AT LEAST AT THAT HEIGHT.
ON JANUARY 7TH, THIS PROJECT WAS PRESENTED TO THE OFFICE, THE DARK PRESERVATION AND THE D R C DESIGN REVIEW COMMITTEE, AND RECOMMENDED FOR APPROVAL WITH FINAL PACKAGE SUBMISSION STIPULATION AND MENTION THE NEEDED DETERMINATION FOR THE BOARD OF ADJUSTMENTS HIGH.
ON JANUARY 15TH, THE PROJECT AND SUBSEQUENT MAILING WERE PRESENTED TO THE HISTORIC DESIGN REVIEW COMMISSION AND RECEIVED CONCEPTUAL APPROVAL WITH THE SAME STIPULATION.
IT SHOULD BE NOTED THAT THE H D R C CONCEPTUAL APPROVAL STIPULATION INCLUDES THE FOLLOWING LANGUAGE PENDING BOARD OF ADJUSTMENT VARIANCE QUOTE.
STAFF FINDS THAT THE ADDITIONAL HEIGHT
[01:10:01]
IS APPROPRIATE GIVEN THIS PROPOSED NEW CONSTRUCTION DISTANCE FROM ONE AND TWO STORE RESIDENTIAL STRUCTURES AND THE SAN ANTONIO RIVER QUOTE.AND YOU GO TO THE NEXT FEW SLIDES.
THERE ARE A FEW RENDERINGS THAT GIVE YOU THE IDEA OF THE CHARACTER OF THE BUILDING, UM, AND ALSO A SET OF SCALED SECTIONS THROUGH THE SITE THAT LOOK AT VARIOUS HIGH CONDITIONS AS THEY JUST ALONG TO THEIR CHA AND ALONG THE ENTIRETY OF THE ARSENAL CAMPUS.
I'M NOT, I'M NOT SURE IF THE SLIDE'S MOVING ON YOUR END.
SO I DON'T
AND SO WE'RE IN THE SECTION THAT'S SHOWING THE, UH, SKYWALK ALONG CAESAR TRAVIS.
AND SO YOU CAN SEE THAT THE STRUCTURES IMMEDIATELY TO THE NORTH AND, UH, TOWARDS THE URBAN DOWNTOWN CONTEXT ARE, UM, EXCEEDING THE HEIGHTS DUE TO ADJACENT ZONING RESTRICTIONS, BUT ARE ALSO, UM, THE URBAN CONTEXT OF OUR DOWNTOWN CITY ON THIS BORDER.
SO IF THERE ARE ANY QUESTIONS OR NEEDED CLARIFICATION, PLEASE LEMME KNOW.
UM, THANK YOU SO MUCH FOR HEARING OUR CASE TODAY.
WE LOOK FORWARD TO YOUR COMMENT.
ALRIGHT, MR. MENDEL, UH, IF YOU'LL HOLD ON A SECOND, WE'RE GOING TO BE TAKING, UH, I BELIEVE WE DO, WE DO HAVE SOME, UH, PUBLIC, UM, A STATEMENT IS BEING MADE.
UH, SHOULD WE HAVE ANYONE ON THE LIST? WE DO.
WE ALSO HAVE A LETTER THAT WAS SUBMITTED, UM, MAY 1ST FOR, TO BE READ INTO THE RECORD.
ALRIGHT, LET, LET'S START WITH THE LIVE WITNESSES.
AT THE END OF THAT WE'LL READ THE LETTER.
SO SHERIFF, I MAY, THIS IS ACTUALLY A LETTER THAT, UM, THE LIVE, UH, THE PERSON WHO WANTS TO PROVIDE LIVE COMMENT WANTED US TO READ INTO THE RECORD FIRST.
SO YOUR BOARD OF ADJUSTMENT, THE LETTER SUBMITTED TO BY THE FOLLOWING PROPERTY OWNERS, UH, TO RESPECTFULLY URGE THE BOARD OF ADJUSTMENT TO DENY THE VARIOUS, UH, VARIANCE REQUESTS AND THE ABOVE-REFERENCED MATTER BECAUSE GRANTING THE VARIANCE IS CONTRARY TO THE PUBLIC INTEREST AND THERE ARE NO SPECIAL CONDITIONS THAT WILL RESULT IN UNNECESSARY HARDSHIP DUE TO THE LITERAL ENFORCEMENT OF THE HIGH ORDINANCE IN THE SPIRIT OF THE RIO FOUR IN HISTORIC PRESERVATION ORDINANCE WOULD NOT BE OBSERVED NOR SUBSTANTIAL JUSTICE DONE UNDER THE FACTS OF THE SITUATION.
ONE, RENEE REESE FOUR, EAST AL LOCATED AT
I I'M GONNA READ DIRECTLY THE, THE APPLICANT THAT WE PROCEED.
1 0 3 CITY STREET, LOCATED KING WILLIAM OZ, 3 0 6 EAST ARSENAL, UH, 203 FROM PROPERTY HENRY EO 3 0 2 EAST ARSENAL, ALSO WITHIN 200 FEET.
THE GRAND REQUEST MUST BE DENIED TO THE FOLLOWING REASONS.
ONE, THE PROPERTY ONLY REQUEST OF THE VARIANCE, UM, IS ENGAGED IN A NUMBER OF ONGOING ACTIVITIES ON EAST ARSENAL STREET IN RELATION TO THE USE OF ITS REAR SERVICE AREA THAT VIOLATE REG, UH, REGULATORY TRAFFIC SIGNALS DESTROY AND HIS, UH, HISTORIC AND RESIDENTIAL CHARACTER OF THE ADJACENT HOMES AND THE AMBIANCE IN CHARACTER OF THE RIVER AREA AND KEEP BIKE AND PEDESTRIAN, UH, CONNECTIVITY TO THE PUBLIC RIVER WALK, UH, PATHWAY AND BETWEEN NEIGHBORHOODS AND PUT MOTORIST BICYCLISTS AND PEDESTRIANS AT RISK OF AN ACCIDENT.
THE ACTIVITY SUCH AS A DISOBEYING NO THROUGH TRUCK SIGNS POSTED IN THE EAST ARSENAL STREET AT THE INTERSECTIONS WITH SOUTH MAIN, COVERING THE SECTION OF EAST ARSENAL STREET FROM SOUTH MAIN TO ARSENAL STREET BRIDGE.
THE PARKING AREAS ON ARSENAL STREET THAT ARE CLEARLY MARKED, NO PARKING, C PARKING AND IDLING BLOCKING, QUEUING AND MAKING OR RECEIVING DELIVERIES FROM THE DEDICATED BIKE LANE ON ARSENAL STREET, INDEED BLOCKING SIDEWALKS AND TRAFFIC LANES WITH TRUCKS AND EQUIPMENT.
E DRIVING UTILITY GOLF CARS THAT ARE NOT STREET LEGAL ON THE PUBLIC STREET IN THE DEDICATED BIKE LANE AND ON SIDEWALKS, THE DEDICATED BIKE AND PEDESTRIAN LANE PROVIDED CRITICAL AND MUCH USED PEDESTRIAN AND BIKE ACCESS TO THE PUBLIC RIVER WALK AND PATHWAY AND CONNECTIVITY BETWEEN THE KING WILLIAM AND ARSENAL STREET NEIGHBORHOODS.
GRANTING A VARIANCE UNDER THESE, UH, CIRCUMSTANCES WOULD BE INCONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE TO PROMOTE A PUBLIC HEALTH SAFETY AND WELFARE AND TO PRESERVE AREAS AND HISTORIC HISTORICAL IMPORTANCE AND SIGNIFICANCE.
AND IT WOULD SANCTION ONGOING VIOLATIONS OF THE VARIOUS ZONING ORDINANCE AMONGST THE VARIANCE IS BEING REQUESTED, INCLUDING 3 5 6 7 2 A A FIVE I, UH, E E C.
THE VARIANCE SHOULD BE, SHOULD NOT BE GRANTED IF THE PROPERTY FOR WHICH THE VARIANCE IS REQUESTED IS BEING USED IN
[01:15:01]
WAYS THAT VIOLATE OTHER REQUIREMENTS OF THE ZONING ORDINANCE.MOREOVER, THESE ACTIVITIES WERE BROUGHT TO THE ATTENTION OF THE H C R C AT THE MEETING HELD ON JANUARY 15TH, 2020, AT WHICH A PROPERTY OWNER REPRESENTATIVE, UH, STATED ON THE RECORD PRIOR TO THE, UH, COMMISSIONER'S VOTING, UH, TO CONDITIONALLY APPROVE THE NEW CONSTRUCTION THAT WOULD REDOUBLE EFFORTS TO ADDRESS THE PROBLEMS. HOWEVER, NOTHING HAS CHANGED AND THE VIOLATIONS PERSIST, UH, TO THIS DAY.
TWO, NO SPECIAL CONDITIONS ARE IDENTIFIED IN THE VARIANCE APPLICATION OR FINDINGS THAT WOULD RESULT IN THE UNNECESSARY HARDSHIP UNDER LITERAL ENFORCEMENT OF THE ORDINANCE.
IF THE BUILDING WERE 84 FEET IN HEIGHT AS OPPOSED TO 96 FEET IN HEIGHT, A MERE DIFFERENCE OF 12 FEET, UH, 18,000 SQUARE FEET AND 112 SEATS, THE FACTS THAT ARE BENEFICIAL USE OF THE PROPERTY IS OCCURRING AND THE NEED OF VARIANCE COULD BE AVOIDED BY EXPANDING THE FOOTPRINT OF THE BUILDING TO PROVIDE THE SAME AMOUNT OF USABLE SQUARE FOOTAGE AND SEATS AS, UH, STRUCTURES.
SPECIAL CONDITIONS AND UNNECESSARY HARDSHIPS SIMPLY DO NOT EXIST TO JUSTIFY A VARIANCE.
THREE, THE INTERSECTION OF EAST ARSENAL AND SOUTH FOES CREATES UNIQUE, UH, VIEWS OF THE DOWNTOWN SKYLINE, INCLUDING THE ICONIC TOWER OF AMERICA AS A PROPOSED DEVELOPMENT WOULD BE IN THE DIRECT LINE SITE OF THE UNIQUE VIEWS.
UH, THE VARIANCE SHOULD BE DENIED TO PRESERVE AS MUCH OF THE UNIQUE VIEWS THAT IS POSSIBLE A GOAL OF 35 6 7 2 C OF THE UC FOR HISTORIC DESIGN, UH, GUIDELINES.
CHAPTER FOUR REQUIRES THE HEIGHT OF THE NEW CONSTRUCTION TO BE CONSISTENT WITH THE NEARBY HISTORIC BUILDINGS.
STAFF, UH, ACKNOWLEDGES HISTORIC RESIDENTIAL RESIDENTIAL STRUCTURES ARE IN THE IMMEDIATE VICINITY, WHICH, UH, PRIMARILY FEATURES TWO STORIES IN HEIGHT AND RESIDENTIAL DISTRICTS AT THE HEIGHTS SHOULD NOT EXCEED THAT OF THE MAJORITY OF HISTORIC BUILDINGS BY MORE THAN ONE STORY.
THERE IS NO SUPPORT IN THE ORDINANCE FOR THE REQUEST TO JUSTIFY A VARIANCE BASED ON THE FINDINGS THAT THE ADDITIONAL HEIGHT IS APPROPRIATE GIVEN THE PROPOSED DECONSTRUCTION DISTANCE FROM ONE OF TWO, ONE AND TWO STORY RESIDENTIAL STRUCTURES AND THE SAN ANTONIO RIVER, 5% TO 35 6 7 3 OF THE E D C SOLAR ACCESS TO THE SAN ANTONIO RIVER IS IMPORTANT TO PROTECT THE RIVER'S SPECIFIC, UH, ECO CLIMATE.
THERE IS NOTHING IN THE RECORD INDICATING THAT THE REQUIRED AMOUNT OF SOLAR ACCESS WILL BE MET BY THE BUILDING MASS OR HEIGHT WITH OR WITHOUT A VARIANCE.
THEREFORE, A DECISION ON THE VARIANCE CANNOT BE MADE, MADE, UH, SINCE SOLAR ACCESS DEPARTMENTS AFFECT BUILDING HEIGHTS AND THE REQUESTED VARIANCE IS TO EXCEED BUILDING HEIGHT RESTRICTIONS.
FINALLY, SIX CONTRARY TO 35 6 7 3 N OF THE UC, THE APPLICANT HAS LOCATED AND INSTALLED AT THE PEDESTRIAN LEVEL ALONG EAST ARSENAL STREET AIR INTAKES AND EXHAUST SYSTEMS OR THE, OR OTHER MECHANICAL EQUIPMENT THAT GENERATE NOISE AND OUT ODORS, WHICH OVERFILL ONTO THE ADJACENT HOMES AND THE RIVER AREA.
AS STATED IN THE FINDINGS, THE APPLICANT IS RESPONSIBLE FOR COMPLYING WITH THE SECTION OF E E C UNTIL IT COMPLIES WITH THIS AND THE OTHER SEC SECTIONS OF THE EEC MENTIONED HEREIN.
UH, GRANTING APPEARANCE IS NOT APPROPRIATE BECAUSE IT WOULD BE CONTRARY TO THE FUNDAMENTAL PURPOSES OF OF THE ZONING ORDINANCE AND SANCTIONS, ONGOING VIOLATIONS OF CITY ORDINANCE.
ALRIGHT, DAD, AND HOW MANY WITNESSES DO WE HAVE TOTAL? JUST THE ONE ON, ON THE PHONE.
UH, ALL RIGHT, WE'RE READY FOR 'EM.
NOW, IN SPIRIT OF THE, OF THE TWO MINUTE LIMIT, YOUR LETTER WAS RALPH LENGTHY, SO I'M GONNA REQUEST THAT AS YOU MAKE YOUR STATEMENTS, DO NOT GET IT AS, UH, SPECIFIC AND TRY TO COME COVER YOUR GENERAL POINTS TO REPEAT OF.
AND THIS IS RENEE THAT WE'RE GONNA BE LISTENING TO, CORRECT? THAT IS CORRECT.
SO, UH, I'M, THE TWO MINUTE LIMIT IS GOING TO STAND.
UM, AND, UH, SO LET'S GET IT DONE, LIKE I SAID, PRIOR TO ELIMINATE THE
SO PLEASE, I HAVE, I HAVE MR. RE ON THE LINE AS A REMINDER, MR, PLEASE STATE YOUR NAMES AND ADDRESS AND BE AS BRIEF AS POSSIBLE.
RENEE RUIZ, UH, 400 EAST ARSENAL.
UH, ALSO SPEAKING ON BEHALF OF MY NEIGHBORS AT 1 0 3 STREET, UH, 2 0 6 EAST ARSENAL AND 3 0 2 EAST A, UH, WE'RE HISTORICAL DESIGNATED HOMES.
UH, SINCE THE LETTER WAS READ IN, I'LL JUST HIT THE, THE, THE MAIN POINT, THE THRESHOLD ISSUE.
WE DON'T THINK THAT THERE ARE ANY SPECIAL CONDITIONS THAT WOULD WARRANT, UH, A VARIANCE IN THIS INSTANCE.
UH, THERE ARE NO UNNECESSARY HARDSHIPS.
THEY'RE MAKING USE OF THE PROPERTY.
THEY'RE ABLE TO PUT A 84 FOOT BUILDING IF THEY WANT.
THEY COULD SCAN THE FOOTPRINT IF THEY WANT, GET THE SAME NUMBER OF, UH, SEATS AND SQUARE
[01:20:01]
FOOTAGE.UH, THE, THE SLIDES THAT I'M ASKING TO BE ROLLED REALLY IS SOME OF THIS FROM THE NEIGHBORHOOD.
UH, WHAT'S GOING ON IS THAT THERE'S, THEY DON'T SHOW ALL THE SITE PLAN THAT THERE'S ANOTHER ENTRANCE TO THE PROPERTY.
IT'S OFF OF THESE PARCEL ALSO RIGHT BY THE RIVER.
AND THEY ARE USING THAT, UH, UH, ENTRANCE TO BRING IN, UH, HEAVY TRUCKS WITH, UH, MAKE A LOT OF NOISE, MIGRATION GENERATING, UH, UH, SOLUTION IN OUR HOMES.
AND NOT ONLY THAT, BUT THERE ARE SIGNS THAT INDICATE THAT THEY SHOULDN'T BE COMING DOWN THE STRETCH OF THESE ARSENALS, BUT THEY'RE DOING IT ANYWAY.
AND NOT ONLY ARE THEY DOING THAT, THEY, THEY DON'T FIT ON THE ENTRANCE OF THE BAY TO GET INTO THE GATE UNTIL NECESSARILY WHEN THEY QUEUE TO GET INTO THAT GATE, THEY BLOCK THE SIDEWALK, THE BIKE LANE, AND A PORTION OF THE TRAFFIC LANE WHEN THE BAY GETS FULL, BECAUSE IT'S VERY SMALL, THEY WILL JUST PARK IN A DEDICATED BIKE LANE AND MAKE, UH, DELIVERIES FROM THE BIKE LANE, FORCING BICYCLISTS AND JUST Y INTO THE, INTO THE STREETS ONCOMING TRAFFIC.
UM, THEY PARK IN NO PARKS TO THOSE AND THEY'RE DRIVING GOLF CARS UP AND DOWN THE STREET, UM, DOWN OUR STREET.
ALL OF THIS STUFF WE FEEL IS DETERIORATING, TAKEN AWAY FROM THE HISTORICAL CHARACTER OF OUR HOMES.
ALL OF THEM ARE LOCAL HISTORIC DESIGNATIONS.
WHEN YOU SEE THOSE THINGS PARKED IN FRONT OF YOUR HOUSE AND MOVING THE TRACK FROM IT, NOW WE SEE THAT THE, THE REGIONAL FLOOR WALLS REQUIRE THAT THEY CAN'T BE, UH, BLOCKING ACCESS, UH, TO RIVER HALFWAY.
YOU MAY RECALL THAT LIKELY WAS GIVEN TO THE NEIGHBORHOOD, THE CITY SOUTH MITIGATION.
ALL, UM, FIRST OF ALL, UM, ONLY WE'RE ONLY INVOLVED, THE BOARD IS ONLY INVOLVED IN THE HEIGHT ISSUE.
WE'RE NOT INVOLVED IN ANY OTHER ISSUE.
THOSE ISSUES WILL HAVE TO BE REMEDIED THROUGH OTHER RESOURCES.
SO, BUT, UM, NEVERTHELESS, THE POINT HAS BEEN MADE, UH, IN REGARD TO THE HEIGHT AND YOUR PROPOSED RECOMMENDATION.
NOW WE NOW, NOW I'M GONNA ENTERTAIN SOME QUESTIONS FROM THE BOARD.
PLEASE ADVISE BEFORE YOU ASK A QUESTION WHO THE QUESTION SHOULD BE DIRECTED TO.
ALRIGHT? AND, UH, WHO WANTS US TO, UH, ASK A QUESTION FIRST, UH, CHAIR, IF I MAY.
WE STILL HAVE THE CALLER ON THE LINE.
YOU MIGHT WANNA DO QUESTIONS FOR THE CALLER SO THAT WAY WE CAN THEN DISCONNECT WITH THAT HIM AND THEN PUT THE APPLICANT BACK ON THE LINE.
SO RIGHT NOW WE HAVE THE CALLER ON THE LINE.
MR. ARMA, YOU RAISED YOUR HAND.
DO YOU HAVE A QUESTION FOR THE, UH, PARTICIPANT? NO.
ARE ANYONE ELSE HAVE A QUESTION FOR THE PARTICIPANT? MARIA, PLEASE.
OKAY, SIR, THIS MS. CRUZ, BY ANY CHANCE, WOULD YOU ALL BE, UH, AN AGREEABLE TO THE HEIGHT IF IT STAYED AT 84 INSTEAD OF GOING UP TO 12 FEET? THAT'S RIGHT.
THEY, THEY HAVE A RIGHT OF 84? YES, SIR.
BUT HE IS OBJECTING TO THE EXTRA 12 FEET.
SO ON WOULD THEY STILL BE AGREEABLE TO THE 84 EVEN THOUGH IT'S A RIGHT FOR THE H FOR THE H E B? OKAY.
MR. RE, ARE YOU THERE? YES, MAAM.
I, BUT I COULDN'T HEAR THE QUESTION.
OH, THE QUESTION WAS THAT, UH, THE MS. CRUZ ASKED, WE, SHE UNDERSTANDS THAT YOU ARE, UH, OPPOSED TO THE REQUESTED VARIANCE.
WOULD YOU BE AGREEABLE TO WHAT IS ALLOWED BY WRIGHT, WHICH IS THE 84 FEET? WE, I BELIEVE WE WOULD AND WE WOULD PICK UP THE OTHER ISSUES, UH, THAT ARE MENTIONED IN ANOTHER FORUM.
BUT AS TO HOW THOSE ISSUES RELATE TO THE SPECIFIC VARIANT, THOSE PEOPLE WITH HUNDRED 12 ARE GONNA EAT SOMEWHERE AT THE CAFETERIA.
THEY GOTTA SUPPLY THE HUNDRED 12 THAT, THAT FLOOR WITH FURNISHING.
THAT'S WHAT THEY BRING IN ON THE E GATE.
SO THOSE PEOPLE DIRECTLY TIED TO THE AREA.
DOES THAT ANSWER YOUR QUESTION? YES, SIR.
ANY OTHER QUESTIONS FOR THE, UH, UH, SPEAKER, FOR FOLKS? NONE.
I BELIEVE WE'RE THROUGH THAT, THAT, UH, INDIVIDUAL IF YOU NEED TO REMOVE THEM.
UM, ANY QUESTIONS FOR THE APPLICANT, UH, FROM THE BOARD? NO, I, I HEAR NOBODY.
MR. DELMER IS RAISING HIS HAND.
SO, MR. DELMER, PLEASE ASK THE QUESTION, UH, NOT GETTING THE VARIANCE.
WOULD THAT KEEP YOU FROM BUILDING ALL THE FLOORS THAT YOU WANT TO BUILD? I NOTICED THAT ON THE TOP YOU'VE GOT A, SO YOU WOULD ONLY BE ABLE TO, I MEAN, YOU WOULD HAVE TO TAKE ONE FLOOR OFF, BASICALLY, IS THAT CORRECT? THAT'S, THAT'S CORRECT, SIR.
[01:25:01]
THANK YOU.ALRIGHT, ANYONE ELSE HAVE A QUESTION FOR THE APPLICANT? ALL RIGHT, I, I SHOW NOBODY HAVE A QUESTION.
CAN THOSE THAT ARE NOT ON MY SCREEN AND I ONLY HAVE FIVE PEOPLE ON MY SCREEN, SO I'M ASSUMING THERE ARE NO HOW ABOUT ANY QUESTIONS FOR STAFF? MAD MR. MATTA? SO THE QUESTION I HAVE IS THAT THERE WERE FIVE, UM, UM, RESIDENT OR YEAH, FIVE PRESIDENTS THAT PUT IN, UH, UH, A NEGATIVE VOTE IN, AND I WAS WONDERING, WE DON'T HAVE, UH, THE ABILITY TO SEE THOSE.
UH, IS THERE ANY DIALOGUE IN ON THOSE, UH, FORMS THAT IS, UH, WOULD BE SUPPLEMENTAL TO THE EXISTING DIALOGUE THAT ALREADY HAPPENED? SO DOES ANYBODY OFFER ANYTHING ELSE BESIDES WHAT WE'VE ALREADY HEARD? NO, SIR.
EVERYTHING THAT WE'VE HEARD IS DIRECTLY FROM THAT.
SO MR. MANN, I BELIEVE THAT HE AND, UH, THAT THE, UH, PUBLIC SPEAKER DID ANNOUNCE THAT HE WAS REPRESENTING A NUMBER OF OTHER INDIVIDUALS ON THAT SPEAKER AREA, SO I'M ASSUMING DUE TO THE EXTENSIVE AMOUNT OF INFORMATION HE PROVIDED THAT, UM, COVERED THEIR POINTS AS WELL.
ALRIGHT, SO THERE'S FIVE THERE, SO I JUST WANNA MAKE SURE ALL 'EM WERE COVERED, SO, OKAY.
WE HAVE ASKED ALL THE QUESTIONS OF STAFF, THEN I WILL, UH, ENTERTAIN A MOTION FROM THE BOARD.
I'M CLOSING THE MOTION TO THE PUBLIC WHO WOULD LIKE TO MAKE A MOTION THI MAKE YOUR MOTION REGARDING CASE NUMBER BO O A DASH 2 0 3 24.
I MOVE THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A 12 FOOT VARIANCE FROM THE RIVER IMPROVEMENT OVERLAY, REQUIRED MAXIMUM HEIGHT OF 84 FEET TO ALLOW NEW COMMERCIAL BUILDING WITH ARCHITECTURAL FEATURES TO BE 96 FEET HIGH, SITUATED AT 6 4 6 SOUTH FLORES STREET, APPLICANT BEING LAKE PLATO ARCHITECTS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT 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 THE VARIANCE IS NOT CONTRARY TO PUBLIC INTEREST.
PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, GIVEN THE LOCATION OF THE LOT GRANTING THE VARIANCES STILL PROVIDE ADEQUATE ACCESSIBILITY TO LIGHT, AIR AND OPEN SPACE.
TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD ORT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO SIGNIFICANTLY REDUCING THE AMOUNT OF DEVELOPABLE SPACE WITHIN THE H E B ARSENAL CAMPUS.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE CONSIDERABLE SUBSTANTIAL.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW.
THE INTENT OF THE HEIGHT LIMITATION WITHIN THE RIO FOUR DISTRICT IS TO PREVENT UNEVEN HEIGHT AND MASSING IN COMPARISON TO ADJACENT PROPERTIES GIVEN THE LOCATION OF THE PROPOSED PROJECT.
ALL INTENTS OF THIS LAW WILL BE OBSERVED IF APPROVED FOR THE VARIANCE, WILL NOT AUTHORIZE AN OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR A DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS LOCATED.
VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT OR PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE VARIANCE WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OF THE CHARACTER OF THE ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT.
SPECIFICALLY, THE VARIANCE WOULD NOT PLACE THE STRUCTURE OUT OF CHARACTER WITHIN THE COMMUNITY AS WELL AS THE H E B CAMPUS.
THE PLIGHT OF THE OWNER OF THE PROPERTY VOICE OF VARIANCE SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF THE GENERAL CONDITIONS IN WHICH THE DISTRICT, UH, IN WHICH THE PROPERTY IS LOCATED.
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.
GIVEN THE LOCATION OF THE PRO PROPOSED STRUCTURE WITHIN THE H E V CAMPUS, H D R C, APPROVAL AND DESIGN CHARACTERISTICS MATCHING THE DISTRICT, THE REQUESTED VARIANCES IN LINE WITH THE CHARACTER OF THE CAMPUS.
ALRIGHT, I HAVE A MOTION, UH, POSITIVE MOTION HERE.
I HEARD MR. MANA FIRST DOES THAT, THAT'S ACCEPTABLE.
ALL RIGHT, MR. MAN, YOU IN SECOND.
MR. KEEL, PLEASE BEGIN THE DISCUSSION.
UM, I'LL BE IN SUPPORT OF THIS MOTION.
UM, THERE ARE SOME UNIQUE CIRCUMSTANCES ON THE SITE, AS WE ALL KNOW.
UM, GIVEN THE LOCATION OF THE SUBJECT PROPERTY OR THE PROPOSED BUILDING, UM, I DON'T BELIEVE THAT THERE WILL BE ANY, UH, SHADOWING OR, OR, UH, YOU KNOW, RUINING
[01:30:01]
OF THE LIGHT ACCESS TO THE RIVER, UM, THE MASSING RELATIVE TO THE OTHER BUILDINGS ON THAT CAMPUS.IT IS NOT THAT OUT OF CHARACTER AND AN ADDITIONAL, UH, 12 OR 14 FEET, WHATEVER IT IS, IT'S, IT'S FAIRLY ARBITRARY, ESPECIALLY SINCE THE BUILDING IS NOT GONNA BE A SOLID MASS.
IT WAS DESCRIBED AS BEING LIGHT.
UM, I ALSO THINK ABOUT IT FROM THE STANDPOINT OF THE NUMBER OF JOBS, UH, THAT IT'LL BE BRINGING THE COMMUNITY AND, UH, FOR THAT REASON, I'LL BE IN SUPPORTIVE.
VERY GOOD, MR. MAN, YOU MADE THE SECOND.
WOULD YOU LIKE? YEAH, I AGREE WITH MY COLLEAGUE AND I THINK THAT WHILE THERE MAY BE SOME OTHER THINGS THAT H E B NEEDS TO TAKE CARE OF, UH, FOR THE COMMUNITY ITSELF, I THINK OVERALL I THINK THAT IT IS, IT DOES LOOK LIKE A GOOD THING TO BE ADDED TO THAT AREA.
AND I THINK ALSO WITH LOOKING AT THE DESIGN, BEING AT THE CENTER OF, OF THAT, UM, UM, THAT PIECE OF PROPERTY ALSO I THINK WILL KIND OF MINIMIZE WHAT THE OVERALL IMPACT IS AS WELL.
SO I'LL BE VOTING FAVOR WITH IT.
DO WE HAVE ANYONE ELSE WHO'D LIKE TO IN BE INCLUDED IN THIS DISCUSSION?
I, UH, I'M GONNA MAKE A BRIEF STATEMENT HERE BE I BELIEVE THAT, UH, THIS PARTICULAR REQUEST FOR VARIANCE IS WELL DESERVED ONLY TO COMPLY WITH THE MAYOR'S ATTEMPTS TO MODERNIZE THE CITY OF SAN ANTONIO THROUGH THE
AND ALSO IT IS, UH, A SMALL PORTION OF THE STRUCTURE THAT, THAT ARE, THEY'RE REQUESTING TO FEED THE HEIGHT AND WITH HTCS RECOMMENDATION, I'LL BE IN SUPPORT OF THIS.
HOWEVER, I DO BELIEVE THAT SOME OF THE POINTS THAT WERE BROUGHT UP BY THE PUBLIC WITNESS, UH, SHOULD BE FORWARDED TO H E V FOR THEIR CONSIDERATION AS PART OF BEING A GOOD COMMUNITY REPRESENTATIVE.
SO THEREFORE, UM, I BELIEVE THAT'S THE EXTENT OF WHAT THE DISCUSSION WILL BE.
WE WILL CALL FOR ROLL CALL, VOTE, HAVE A MOTION TO APPROVE MADE BY MR. TE WITH A SECOND BASE MADE BY MR. MAN, DR.
I CONCUR WITH THE FINDING FACT, MR. MR. CONCUR WITH THE FINDINGS OF THE FACT, MS. CRUZ.
MR. YES, I CONCUR WITH THE FINDINGS OF FACT.
MS. SHAVANA, I CONCUR WITH THE FINDINGS OF FACT, MS. YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS.
FACT, MR. OONA? YES, I CONCUR WITH THE FINDINGS.
MR. GILMER, YOU WANNA HIT UNMUTE? GO AHEAD.
I CONCUR WITH THE FINES OF FACTS.
WE HAVE A UNANIMOUS DECISION FOR APPROVAL.
UH, PLEASE ADVISE THE APPLICANT THAT, UH, THEY CAN CONTINUE WITH THEIR PROCESS.
BE SURE AND COORDIN APPROPRIATELY WITH CITY STAFF, UH, AT THIS PARTICULAR TIME VIA READY RUN OF TWO HOURS AND 40 MINUTES.
DO DOES ANYONE NEED A, A SHORT BREAK? PLEASE ADVISE ME.
I GUESS MS. BRAGMAN HAS DETERMINED.
OKAY, LET'S, UH, I WOULDN'T MIND TAKING A FIVE MINUTE BREAK OR A 10 MINUTE BREAK.
OKAY, LET, LET'S, UH, LET'S, BECAUSE THIS IS TELEVISED, SO LET'S GO AHEAD AND STOP THIS FOR, FOR A 10 MINUTE PERIOD, WHICH I EXPECT TO BE BACK, READY TO GO IN 10 MINUTES.
ALL RIGHT, THE TIME IS, UH, LET'S GO AHEAD AND START THE MEETING.
TIME IS 2 2 40 8:00 PM I WILL CONTINUE THE BOARD OF ADJUSTMENT MEETING FOR MAY 4TH, 2020.
LET'S, UH, CONTINUE BY, UH, OUR
[3. 20-2754 BOA-20-10300033: A request by Lori Spahn for a variance from the restriction of panelized steel as a fencing material to allow for its use, located at 1001 Westgate. Staff recommends Approval. (Council District 2) (Justin Malone, Planner (210) 207-0157, Justin.Malone@sanantonio.gov, Development Services Department) ]
NEXT CASE.OUR SET UP HERE, ZEKE SERVICES O A CASE 21 0 3 0 0 0 3 3 AND THIS IS 1000 ON WESTGATE LANE.
THE APPLICANT IS LORI SPAWN TO REQUEST VARIANCE FROM THE RESTRICTION OF THE PANELIZED SEAL AS A FENCING MATERIAL ALLOWED FOR ITS USE.
CURRENT ZONING IS C TWO N C, CD SIX M D THREE NEXT MONTH.
THE APPLICANT PURCHASED THE PROPERTY IN JANUARY, 2020 AND WOULD LIKE TO ESTABLISH A SIGNIFICANT AND SECURE PROPERTY BARRIER BETWEEN HER COMMERCIAL PROPERTY AND THE A ADJOINING RESIDENTIAL NEIGHBORS.
THE APPLICANT STATED THE APPLICANT STATED THAT SHE WISHES TO INVEST IN A STRONG FENCE VERSUS THE, UH, DILAPIDATED
[01:35:01]
FING THAT CURRENTLY EXISTS.THE APPLICANT SAY SHE WOULD LIKE, SHE WILL FOLLOW ALL FING HEIGHT AND GAIT HEIGHT RESTRICTIONS DURING SITE VISITS.
STAFF NOTICED THAT THE PREVIOUS FING AND OTHER VARIOUS ALONG LUCAS STREET HAVE BEEN REMOVED, LEAVING THE LAWN UNSECURE AND OPEN AND PUBLIC TO THE PUBLIC.
NEXT SLIDES ARE OF THE SUBJECT PROPERTY AND SURROUNDING AREA.
THE SUBJECT PROPERTY IS RIGHT ACROSS THE STREET FROM FORT SAN HOUSTON.
THIS IS OF THE NEIGHBORING PROPERTY.
UH, THE PROPERTY RIGHT BEHIND THEM.
STAFF RECOMMENDS APPROVAL OF VARIANCE, D O A 21 0 3 0 0 0 3 3 BASED ON THE FOLLOWING FINDINGS EFFECT, THE PROPOSED T MATERIAL IS INTENDED TO PROVIDE DURABILITY, SAFETY, AND SECURITY OF THE APPLICANT'S PROPERTY.
AND THE MATERIAL AND STYLE OFFENSE WILL BE PENALIZED SEAL AND WILL NOT EXCEED HEIGHT LIMITATIONS.
SIDE NOTE, IT ISN'T IN THE N C D, BUT IT IS NOT SUBJECT TO THE N C D STANDARDS AS THE N C D STANDARDS ARE SPECIFIC TO RESIDENTIAL.
NEXT SLIDE, 20 NOTICES SENT OUT, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE IS NO RESPONSE FROM THE MANKEY PARK NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES THE, UH, PRESENTATION.
OKAY, BEFORE WE CONTINUE, I'D LIKE TO GET A CLARIFICATION.
AND YOU MADE A STATEMENT THAT THE PANEL IS NOT EXCLUDED OR NOT MENTIONED FOR COMMERCIAL PROPERTY, BUT IS THIS PROPERTY ADJACENT TO RESIDENTIAL PROPERTY? THAT IS CORRECT.
BEHIND IT, UH, THERE'S COMMERCIAL ON THE SIDE.
WE WENT BACK TO THE NEXT HERE.
SO, AND UNDER THOSE AUSPICES, THE, THE ORDINANCE WOULD HAVE TO, OR THE CODE WOULD HAVE TO BE, AND ANYWAY, REGARDLESS, LET'S GO AHEAD.
UH, AND THE DATE TIME, LET'S GO AHEAD AND BRING THE APPLICANT FORWARD.
MS. LORI SWAN, I HAVE LORI SS SPAWN ON THE LINE AS A REMINDER, MS. SPA, PLEASE STATE YOUR NAME AND ADDRESS AND BE AS BRIEF AS POSSIBLE.
MY NAME IS LORI SWAN AND MY RESIDENCE ADDRESS IS 1825 FM 24 38 IN SEIN.
I HAVE APPLIED FOR A VARIANCE IN THE MATERIALS TO BE USED IN CONSTRUCTING FENCE AROUND OUR COMMERCIAL PROPERTY AT 1001 WESTGATE.
UM, IT'S OWNED BY MY HUSBAND AND ME.
WE OPERATE A SOLO LAW PRACTICE AT THE ADDRESS AND THE EXISTING PERIMETER FENCE, AS YOU SAW IN THE PHOTOS, IS WOOD AND ACTUALLY A COMBINATION OF DIFFERENT SORTS OF METAL PANELS THAT THE FORMER PROPERTY OWNER LEANED UP AGAINST THE WOOD FENCE TO GIVE THE APPEARANCE OF A FENCE.
AND WHAT'S LEFT IS IN A COMPLETE STATE OF TOTAL DISREPAIR AND IT NEEDS TO BE REPLACED.
WE WANT TO INVEST IN A SENSE THAT IS VISUALLY PLEASING TO US AND OUR NEIGHBORS, AND ONE THAT WILL BE LONG LASTING BECAUSE WE'VE PLANNED TO BE PROPERTY OWNERS HERE FOR A LONG TIME.
THE STEEL PANELS ARE NOT GONNA RUST AND LOOK BAD.
THE PAINT THAT WILL BE ON THEM HAS A LIFETIME WARRANTY.
THEY ARE PAINTED AT THE FACTORY.
THEY WON'T BE PAINTED ON SITE.
WE BELIEVE THAT A METAL FENCE WILL PROVIDE A DISTINCTION THAT OUR PROPERTY IS COMMERCIAL AND IT WILL PROVIDE US THE SECURITY THAT WE NEED FOR OUR BUSINESS AND THIS PROPERTY.
OR WE'RE NOT ASKING THE ADJOINING PROPERTY OWNERS TO PAY FOR PART OF THE FENCE YET THEY WILL, UM, SEE A BENEFIT FROM WHAT WE ARE DOING AS THEIR PROPERTY WILL ALSO HAVE A SECURE BOUNDARY ONCE IS CONSTRUCTED.
I RESPECTFULLY ASK THAT MY REQUEST FOR A VARIANCE IN THE ALLOWABLE MATERIALS ON THIS PROPERTY BE APPROVED.
UH, AND THE ORDER SAVE TIME, WE'RE GOING TO, DO WE HAVE ANY, UH, PUBLIC SPEAKERS ON THIS PARTICULAR ISSUE? NO, THERE'S NOBODY SIGNED UP TO SPEAK.
ALRIGHT, THEN LET'S PROCEED TO THE QUESTION PORTION OF THIS MEETING.
ANYONE HAVE A QUESTION? I SEE MARIA'S RAISING HER HAND FOR THE APPLICANT.
UH, MA'AM, DO YOU HAVE A PICTURE OF WHAT THE FENCE WOULD LOOK LIKE AFTER THE ONE YOU'RE PROPOSING? YES, I DID SUBMIT, UM, TWO PHOTOS OF, UM, A SAMPLE OF WHAT IT WOULD LOOK LIKE.
I COULD NOT FIND ANY THAT ARE EXACTLY THE COLOR CHOICES THAT WE SELECTED, BUT, UM, MY, MY CASE MANAGER ASSURED ME THAT THOSE WOULD BE AVAILABLE TO ALL OF YOU.
AND THEY'RE CURRENTLY ON SCREEN NOW? YES, I SEE THEM.
ALRIGHT, ANY, ANY OTHER QUESTIONS? I HAVE A QUESTION FOR THE APPLICANT.
UH, I UNDERSTAND THAT THESE ARE OUR STANDARD STEEL PANEL THAT ARE BEING UTILIZED AS A FENCING MATERIAL USED VERTICALLY.
[01:40:01]
AND, UH, I UNDERSTAND THAT YOU MADE A STATEMENT, UH, IT WON'T RUST.UH, UNFORTUNATELY FOR YOU, I'M AN EXPERT IN THIS STEEL.
ANY PREPARATION OF ANY STEEL PANEL WILL RUST.
THERE'S NO WAY YOU CAN STOP THAT.
AND THIS, UH, OTHER ISSUE THAT ONE OF THE REASONS WHY THE, THE, UH, STEEL FENCE IS NOT RECOMMENDED AROUND RESIDENTIAL AREAS OR CLOSE TO THAT IS BECAUSE OF THE POTENTIAL LACERATION OF THE EDGE OF THE FENCE.
UH, I CANNOT TELL BY ANY OF THE INFORMATION THAT WAS SUBMITTED WHAT THE PLAN IS TO PROTECT THE EDGES, UH, FROM, UH, BEING, UH, SHARP AND PREVENTING A, A CHILD PERHAPS TRYING TO STICK THEIR FINGERS UNDERNEATH IT OR, OR EVEN TRYING TO TOUCH IT, THE TOP OF IT, OR ANYONE INCLUDING THE POLICE DEPARTMENT OR FIRE DEPARTMENT THAT MIGHT BE INJURED BY A SHARP EDGE.
ARE THERE ANY PLANS TO PUT, UH, SOME SORT OF CAPPING, UH, WITH ROLLED EDGES TO PREVENT, UH, POTENTIAL HAZARDS? YES, THERE IS A PLAN FOR CAPPING, AND THAT IS, UM, ADDRESSED IN MY APPLICATION AND IT'S VISIBLE IN THE PHOTOS IN THE CONTRASTING PAINT.
UM, FOR THE EXAMPLE OF THE PHOTO THAT HAS A BLUE FENCE WITH A WHITE TRIM CAP, UM, OUR FENCE WOULD BE A LIGHTER COLOR WITH A GREEN TRIM CAP.
SO THERE WILL NOT BE ANY RAW EDGES ON OUR FENCING.
EVERYTHING WILL BE TAPPED AND COVERED.
MOST CAPPING DOES NOT INCLUDE ROLLED EDGES.
UH, ARE YOU SHOWING US THAT THE CAPPING MATERIAL IS ROLLED? YES, MY, UH, THE CONTRACTOR HAS ASSURED ME THAT THERE WILL NOT BE ANY, UH, RAW EDGES ON THE METAL.
I MEAN, WE, WE ADDRESSED THAT ISSUE SPECIFICALLY WITH HIM.
AND ON THE BASE, WHAT, UH, CONTROL ARE YOU GONNA HAVE ON THE BASE OF EVENTS TO PREVENT, UH, UH, A A SHARP EDGE IF THEY'RE, OBVIOUSLY YOU'RE NOT GONNA PUT A CAP ON THE BOTTOM.
WHAT, WHAT IS GONNA BE USED TO PREVENT? RIGHT.
UM, THIS PERSON HAS BUILT FENCE FOR US BEFORE AND HE HAS ACTUALLY BURIED THE BASE IN THE GROUND.
AND HE ASSURES YOU THAT THE CUT EDGE OF THE, OF THE, OF THE PANEL IN THE GROUND WILL HAVE A RUST? I CANNOT SAY HUNDRED PERCENT THAT HE, HE ASSURED ME THAT THAT PANEL WOULD NEVER REST.
HE TOLD ME THIS FENCE IS NOT GONNA REST.
THAT'S, THAT'S AS FAR AS IF HE TOOK IT.
ANY, UH, ARE, NOW THAT WE'VE GOT SOME QUESTIONS OUT, ANY ADDITIONAL QUESTIONS FROM THE STAFF, FROM THE BOARD AND THEN BEING THE CASE AND, UH, I BELIEVE THAT WE GOT ALL THE INFORMATION WE HAVE.
HAS ANYONE RAISED THEIR HAND? NO.
ALRIGHT, BUT I'M GONNA GO AHEAD AND CLOSE THIS TO THE PUBLIC AND I'M ENTERTAINING A MOTION.
THE BOARD THERE, ANYONE WOULD LIKE TO MAKE A MOTION HERE, ISN'T IT, MR. MANNA, WOULD YOU LIKE TO MAKE A MOTION? SURE.
REGARDING CASE NUMBER BO O A 21 0 3 0 0 0 3 3, I MOVE AT THE BOARD OF ADJUSTMENT.
GRANTED REQUEST FOR THE VARIANCE OF RESTRICTED RESTRICTION OF PANELIZED STEEL AS A FENCING MATERIAL TO ALLOW FOR ITS USE AS A FENCING MATERIAL SITUATED AT 1 0 0 1 WESTGATE LANE, APPLICANT BEING LORI SWAN.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAD DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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.
DEFENSE IS INTENDED TO BE BUILT WITH A MATERIAL THAT EMPHASIZES SAFETY AND SECURITY BETWEEN SURROUNDING PROPERTIES.
THE USE IS CONSISTENT WITH THE NEIGHBORHOOD DESIGN.
TWO, DUE TO SPECIAL CONDITIONS, A RURAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN THE APPLICANT USING A DIFFERENT ING MATERIAL TO SECURE THE PROPERTY.
THIS WOULD RESULT IN UNNECESSARY FINANCIAL HARDSHIP.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
GRANTING THE REQUEST WILL RESULT IN SUBSTANTIAL JUSTICE AS REQUESTED MATERIAL WILL STILL PROVIDE FOR A SAFE DEVELOPMENT PATTERN OR 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 OF SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE
[01:45:01]
THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT.SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT DEFENSE WILL ADHERE TO ALL FENCING HEIGHT RESTRICTIONS AND WILL BE WITHIN CHARACTER IN THE COMMUNITY.
ANY IMPACTS OF THE CLEAR VISION ENCROACHMENT WILL NOT AFFECT ADJACENT PROPERTY OWNERS.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO OR RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
UNIQUE CHARACTERISTICS ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT AND ARE NOT FINANCIAL IN NATURE DUE TO THE PRESENT LACK OF SECURITY ON THE PROPERTY AND THE STATE OF THE CURRENT NEIGHBORING FENCE, THE BOARD FINDS ITS REQUEST TO BE THE RESULT OF THE SURROUNDING AREA IN THIS PROPERTY, UH, IS LO WHICH THIS PROPERTY IS LOCATED IN THE MOTION.
I'M SORRY, I COULDN'T, I HEARD TOO MANY VOICES SAVED ON SECOND, FIRST ARLENE? I, I? YES.
OKAY, I'M GONNA PUT YOU DOWN FOR A SECOND.
DO WE, LET'S START THE DISCUSSION.
MR. MANO, PUTTING IN FAVOR OF, UH, UM, THIS VARIANCE.
UM, I THINK THAT'S, UH, THE APPLICANT HAS, HAS DONE DUE DILIGENCE IN TRYING TO FIND A BEST SOLUTION, UH, FOR THIS GIVEN PIECE OF PROPERTY.
UH, THEY MAY FIND, UH, LATER THAT, UH, THINGS DO RUST AND SO HAVE TO CONTEND WITH THAT AT SOME POINT.
UM, ALSO THE NOTION THAT, UH, THEY TALKED ABOUT, UH, PROVIDING SAFETY WITH REGARDS TO THE CAPS AND ALSO, UH, I GUESS PROVIDING A SOLUTION FOR THE BOTTOM SIDE OF IT AS WELL, THE STATED.
SO I, SO I'M COMFORTABLE WITH, UH, MOVING FORWARD WITH THIS.
ALRIGHT, UH, MS. UH, FISHER? YES, I ALSO WILL BE IN SUPPORT.
UM, I AGREE WITH MY COLLEAGUE.
I BELIEVE THAT THE, UH, SAMPLES THAT WERE PROVIDED BY THE OWNER ARE WELL THOUGHT OUT AND APPEAR TO BE WELL CONSTRUCTED.
UM, I THINK THE COLOR CHOICE WOULD BE COMPATIBLE WITH THE NEIGHBORHOOD AND ACTUALLY BE AN IMPROVEMENT.
UM, AND I THINK OVERALL THE AMAGE OF THE AREA WOULD BE IMPROVED BY THE CONSTRUCTION OF THIS FENCE.
ANYONE ELSE HAVE ANY INPUT ON THIS SUBJECT? I HEAR, I HEAR NO VOICES.
MOST OF YOU KNOW HOW I FEEL ABOUT METAL FENCE.
MY, IF THIS WERE ONLY A COMMERCIAL AREA AND THERE'S NO RESIDENTIAL PROPERTY, I MIGHT ENTERTAIN THIS PARTICULAR ISSUE.
UM, ONLY BECAUSE I KNOW THE COMMERCIAL INDUSTRY HAS A PROBLEM.
BUT BEING ADJACENT TO THE, UH, RESIDENTIAL PROPERTIES, UM, I BELIEVE THIS WOULD OPEN UP A CAN OF WORMS. AND SECONDLY IS THAT, UM, ALTHOUGH THERE WERE NO COMPLAINTS ABOUT IT, THAT'S NOT AN ENDORSEMENT NO, NO SAYING NOTHING IS NOT AN ENDORSEMENT.
THEREFORE, UH, I WILL NOT BE IN SUPPORT OF THIS PARTICULAR MOTION.
BUT, UH, I'LL SEE HOW THE VOTE GOES ON THIS, UH, ON, UH, CHANGE OF MATERIALS FOR RESIDENTIAL AND COMMERCIAL AREA.
SO ESPECIALLY THIS SPECIFIC PARTICULAR LOCATION.
UM, THEREFORE LET'S GO AHEAD AND TAKE THE ROLL CALL VOTE.
I HAVE A MOTION TO APPROVE MADE BY MR. MANA WITH SECOND MADE BY MS. FISHER.
UM, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MAN, I CONCUR WITH THE FINDINGS OF FACTO, NO, I DO NOT CONCUR.
MS. BREGMAN? YES, I CONCUR WITH THE FINDINGS OF FACTS.
MS. FISHER? YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
I DO NOT CONCUR WITH THE FINDINGS OF FACT.
THE MOTION DOES VARY FROM NINE TO TWO.
UH, THEREFORE THE, UM, VARIANCE FOR THE DEATH DEFENSE, UH,
[01:50:01]
HAS BEEN APPROVED.PLEASE GET WITH STAFF TO MAKE SURE YOU COMPLY WITH WHAT HAS BEEN SUBMITTED.
[4. 20-3024 BOA-20-10300021: A request by James Benfield for a request for 1) a 2’3” variance from the required 5’ side setback requirement to allow a new residential structure to be 2’9” away from the east property line for Lot 24 and 2) a request for a 3” variance from the required 5’ side setback requirement to allow new residential structures to be 4’9” away from the east and west property lines for Lots 25, 26, 27, located at 1962 East Crockett Street. Staff recommends Approval. (Council District 2) (Dominic Silva, Senior Planner (210) 207-0120, dominic.silva@sanantonio.gov, Development Services Department)]
GO TO OUR NEXT CASE.ALL RIGHT, D O A CASE 21 0 3 0 0 0 2 1 19 62 EAST CROCKETT STREET.
APPLICANT IS, UH, JAMES, UH, BENFIELD THE REQUEST FOR LOT 24, UH, TWO FOOT THREE INCH VARIANCE, UH, FROM THE REQUIRED FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A NEW RESIDENTIAL STRUCTURE TO BE TWO FEET NINE INCHES AWAY FROM THE EAST PROPERTY LINE.
THE REQUEST ALSO INCLUDES LOT 25, 26 AND 27.
THE APPLICANT, UM, HAS STATED THEY WILL BE MAKING AN AMENDMENT TO REMOVE THESE FROM THE REQUEST, BUT THEY ARE LOT 25.6 27.
A REQUEST FOR A THREE INCH VARIANCE FROM THE REQUIRED FIVE FOOT SIDE SETBACK APARTMENT TO, UM, ALLOW NEW RESIDENTIAL STRUCTURE TO BE FOUR FEET, NINE INCHES AWAY FROM THE EAST AND WEST.
PROPERTY LINES ON EACH INDIVIDUAL LOT ZOIA IS R FOUR AND L O D M L.
THE SUBJECT PROPERTY LOCATED ON THE EAST ON THE CORNER OF EAST CROCKETT STREET AND NORTH WALTER STREET.
UH, WITHIN THE ARENA, DISTRICT LAND EAST OF MEDIUM DENSITY RESIDENTIAL.
AS SUCH, IT IS IDENTIFIED FOR USES THAT INCLUDES SMALL LOTS, SINGLE FAMILY DEVELOPMENT, DUPLEXES, PLEXES, QUADS, AND TOWN HOMES.
THE AREA IS CHARACTERIZED AS, UH, UNIFORMLY SMALL, ANTIQUATED, SUBSTANDARD LOTS WITH SHOTGUN STYLE HOMES AND DETACHED ACCESSORY DWELLING UNITS.
THE FLOOR LOTS IDENTIFIED WITHIN THIS VARIANCE ARE ANTIQUATED, PLOTTED FULL LOTS THAT DO NOT REQUIRE SLIDING AND CAN BE DEVELOPED UPON, UH, BECAUSE IT QUALIFIES AS A NON-CONFORMING.
LOT OF RECORD AGAIN, AS STATED, THE APPLICANT, UM, IS AMENDING THE ORIGINAL REQUEST TO ONLY LOT 24 AS LOT 25, 26, AND 27 WILL NOW MEET ALL REQUIRED SETBACKS DUE TO AMENDING THE STRUCTURE SIZE LOT.
24 EAST SIDE HAS A TWO FOOT NINE INCH SETBACK THAT CANNOT BE MET, UM, BY CURRENT DEVELOPMENT STANDARDS.
THIS IS A COPY OF THE SITE PLAN SHOWING THE STREETS AS WELL AS THE SMALLER LOTS.
HERE ARE THE ELEVATION PLANS SHOWING THE SHOTGUN HOMES SUBJECT PROPERTY AND THAT PHOTOS ARE THE SURROUNDING AREA AS WELL.
THE EAST CROCKETT NEIGHBORING PROPERTY STAFF RECOMMENDS APPROVAL OF BO O A 21 0 3 0 20.
BASED ON OF FACTS, THE REQUEST REQUESTED VARIANCES WILL NOT DETRACT TO THE CHARACTER OF THE DISTRICT.
AND ADEQUATE SPACE WILL BE UTILIZED TO PREVENT STORMWATER RUNOFF.
MAINTENANCE OF PROPERTY, MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS AND THE LOTS ARE ANTIQUATED, NON-CONFORMING, LOTS OF RECORD IN THE DEVELOPED.
UH, THE DEVELOPMENT IS LOCATED WITHIN AREA DISTRICT, FUTURE LAND USE CLASSIFICATION OF MEDIUM DENSITY RESIDENTIAL AND IS IDENTIFIED FORIS SUCH AS MENTIONED BEFORE.
PLEXUS XI IN TOWN HOMES SLIDE.
THERE WERE 36 NOTICES SENT OUT.
ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE IS ZERO MEDICATION FROM THE JEFFERSON HEIGHTS NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES THE PRESENTATION.
LET'S GO AHEAD AND BRING THE APPLICANT FORWARD.
I HAVE JAMES BENFIELD ON THE LINE.
AS A REMINDER, STATE YOUR NAME AND ADDRESS.
YEAH,
STATED IN THAT, IN THAT PRESENTATION, I WENT AHEAD AND CHANGED THE STRUCTURE SIDE WHERE WE'RE NO LONGER ASKING FOR A VARIANCE FROM 19 TO 15, 19 54, 19 58, 58 EAST CORRECTED.
I WENT AHEAD AND MADE THEM 15 FEET WIDE INSTEAD OF 15 AND A HALF FEET WIDE TO MEET THE REQUIRED SETBACKS.
HOWEVER, THE ONE ON THE FAR LEFT, UH, WHICH 1962 EAST DOES, UM, IT, IT, IT, IT BUTTS UP TO, OR THE SIDE OF IT THAT I'M ASKING FOR THE VARIANCE.
UH, ACTUALLY IT RUNS, UH, HORIZONTAL WITH, UM, UH, WALTERS.
SO BECAUSE OF THE SIZE OF THAT LOT, ALL THE OTHER RODS ARE 25 FEET WIDE.
THIS PARTICULAR LOT THOUGH ON THE FAR LEFT IS ONLY 23 FEET WIDE.
SO I'LL HAVE A FIVE FOOT SETBACK TO THE OTHER STRUCTURE TO THE RIGHT OF IT.
BUT TO THE LEFT, I'M FOR THAT TWO FOOT VARIANCE, UH, BECAUSE AGAIN, IT RUNS,
[01:55:01]
UM, SIDE BY SIDE WITH OFFICERS.IS THAT THE EXTENT OF YOUR REQUEST? YES.
UH, DO WE HAVE ANY, UH, NOBODY SIGNED UP.
ALL RIGHT, NOW LET'S HAVE, DO WE HAVE ANY QUESTIONS FOR THE BOARD, FOR THE APPLICANT AND STAFF GA, MR. STEEL? YES, SIR.
UH, MR. BENFIELD, UH, AT THAT SITE, UH, BLOCK 24, I GUESS IT'S ON, IT IS THE EASTERN EDGE THAT, UH, YOU'RE REQUESTING THE VARIANCE ON, CORRECT.
THAT THAT ABUTS UH, NORTH WALTERS? YES, CORRECT.
SO THEN IN ADDITION TO THAT, THERE, THERE'S ALSO THE, THE CITY FRONTAGE RIGHT THERE, UH, PROBABLY 10 TO 11 FEET, IS THAT CORRECT? I'M SORRY, SAY THAT AGAIN? MUFFLED.
ON THE, ON THE EASTERN EDGE OF, OF THE LOT, IT, IT ABUTS NORTH WALTERS.
SO IN THEORY YOU, IF YOU GOT YOUR, UH, YOUR VARIANCE, THERE WOULD STILL BE ADDITIONAL SPACE BETWEEN YOU AND THE STREET.
UM, MORE SO THREE FEET AND ANY SIDEWALK OF COURSE.
THAT, THAT'S WHAT I'M GETTING AT.
SO MORE THAN ENOUGH SPACE IN MY OPINION.
ANYONE ELSE PER MS. CRUZ PLEASE? OKAY.
WHAT I, WHAT I CAN'T SEE ON THE PRESENTATION, IS THERE ANYTHING ON THE PROPERTY RIGHT NOW? YES.
SO I WAS REQUESTING THE VARIANCE TO WALK BACK FOR THE, THE LARGE, NOT ON THE APPLICATE LOT, NO, BUT 1950 AND 1954 BECAUSE THE, THE VARIANCE MEETINGS KEPT GETTING PUSHED BACK.
I COMPLETELY WENT BACK TO THE DRAWING BOARD, MADE MY, MY STRUCTURES 15 FEET WIDE INSTEAD 15 AND A HALF FEET WIDE TO MEET THE, THE SPECIFIED ELEMENTS OF THE VARIANCES OF THE, EXCUSE ME, SETBACKS.
UM, AND I'VE ALREADY GOT THOSE PERMEATED AND HAVE MOVED FORWARD ON CONSTRUCTION, NOT THE FIRST TWO RODS.
OKAY, SO THEN THERE'LL BE FOUR STRUCTURES, ONE, ONE STRUCTURE IN EACH LOT? YES.
BECAUSE THEY COULDN'T THROW ON THAT ON THE, ON THE DRAWINGS.
IT ONLY SHOWS TWO, TWO STRUCTURES.
THAT'S WHAT I WANNA MAKE SURE.
THE QUESTION WAS JUST IN REGARDS TO THE INTERSECTION OF NORTH WALTERS AND EAST CROCKETT, UH, WITH THE VARIANCE THAT WE'RE WE'RE CONSIDERING TODAY, WOULD THERE BE ANY, UM, TRAFFIC, UH, VISIBILITY ISSUES AS PEOPLE ARE TRYING TO MAKE THAT RIGHT TURN ONTO WALTERS? DOES THE, DOES THE BUILDING KIND OF ENCROACH UP OR ARE WE OKAY WITH THE TRAFFIC VISIBILITY FROM THAT INTERSECTION? I GUESS THAT'S ABOUT STAFF AS MUCH AS THE APPLICANT.
WELL, JUDGING BY THE DRAWING ON THE SITE PLAN, UH, THE HOUSES BEGAN FURTHER BACK, THEREFORE I DON'T SEE ANY, ANY, UH, OKAY.
ANY ISSUES THAT THE CITY WOULD BE INVOLVED IN UNLESS STAFF NOTES SOMETHING IN THE PLANS THAT I CANNOT SEE? NO, THE, ULTIMATELY WITH THE REQUEST, IT'S JUST SIMPLY THE SIDE SETBACK ISSUE.
ANY OTHER QUESTIONS FOR, UH, THE APPLICANT OR STAFF? ALRIGHT, BEING THE CASE THEN, UH, I'LL GO AHEAD AND CLOSE THIS PORTION OF THE ME OF THE MEETING TO THE PUBLIC AND LET'S ENTERTAIN, UM, A MOTION FROM THE BOARD.
I WOULD LIKE TO MAKE A MOTION ZU MR. ZU, PLEASE.
REGARDING, AND THIS IS ONLY FOR, UM, NUMBER ONE, RIGHT? LOT 24, UH, REGARDING CASE.
REGARDING CASE NUMBER BO O A 20 DASH, UH, 1 0 3 0 0 2 1.
I MOVE AT THE BOARD OF ADJUSTMENT GRANT LOT 24, A TWO FOOT THREE INCH VARIANCE FROM THE REQUIRED FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW A NEW RESIDENTIAL STRUCTURE TO BE TWO FEET NINE INCHES FROM THE EAST PROPERTY LINE.
UM, THE LOTS OF SITUATED AT, UH, 1962 EAST CROCKETT STREET, APPLICANT BEING JAMES BENFIELD BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, YES.
AM I MISSING SOMETHING? YES, SIR.
I THINK YOU ARE, YOU'RE NOT READING FOR SO THE, SO THE ADDRESS, SO WHAT WOULD THE ADDRESS BE AT ABOUT 24? UM, WELL, YEAH, WE DON'T HAVE TO WORRY ABOUT THE ADDRESS YET BECAUSE THE ADDRESS WILL BE ASSIGNED LATER AS LONG AS YOU CAN DISTRICT.
SO THE APPLICANT BEING JAMES BENFIELD, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE DETERMINED SHOW THAT THE FISCAL CHARACTER OF THIS PROPERTY SUCH THAT
[02:00:01]
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 NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
AND THIS CASE, GIVEN THE LAW CONSTRAINTS, GRANTING THE VARIANCE STILL PROVIDES ADEQUATE ACCESSIBILITY TO LIGHT AIR AND OPEN SPACE.
FURTHER RATED MATERIAL WILL BE REQUIRED DUE TO THE PROXIMITY TO THE ADJACENT STRUCTURE DUE TO SPECIAL CONDITIONS.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UN UNNECESSARY HARDSHIP DUE TO SIGNIFICANTLY REDUCING THE AMOUNT OF DEVELOPABLE SPACE ON EACH LOT.
THE SMALL LOT CONFIGURATIONS ARE THE RESULT OF ANTIQUATED, SUBSTANDARD LAW DEVELOPMENT WILL REQUIRE VARIANCE IF DEVELOPING ON EACH LOT AS INTENDED.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED.
THE SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT, THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW, THE INTENT OF THE SETBACK LIMITATION TO PREVENT FIRE SPREAD, ALLOW ADEQUATE SPACE FOR MAINTENANCE AND ENCOURAGE PROPER STORMWATER DRAINAGE.
ALL INTENTS OF THIS LAW WILL BE OBSERVED IF APPROVED FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATIONS OF A USE OTHER THAN THOSE USE SPECIFICALLY AUTHORIZED FOR THE DISTRICT, WHICH THE PROPERTY WHICH THE VARIANCE IS SOUGHT, IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OF THE NO USE SPECIFICALLY AUTHORIZED BY THE DISTRICT.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACT FOR THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THIS VARIANCE WILL NOT SUBSTANTIALLY INJURE OR ALTER THE USE OF USE OR CHARACTER OF ADJACENT, ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT.
SPECIFICALLY, THE VARIANCE WOULD NOT PLACE THE STRUCTURE OUT OF CHARACTER WITHIN THE COMMUNITY.
FURTHER, THE RESIDENTIAL STRUCTURE IS FOLLOWING A, UH, DISTRICT NORM OF REDUCED SETBACKS FOR ALL THE HOUSES BUILT WITHIN THE AREA.
SIX, THE APPLIED TO THE OWNER OF THE PROPERTY FOR WHICH VARIANCE ASSAULT IS DUE TO THE UNIQUE CIRCUMSTANCES EXIST EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY, NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT FOR WHICH THE PROPERTY IS LOCATED.
UH, THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE, DUE TO, OR THE GENERAL CONDITIONS OF THE DISTRICT OR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE.
THE CHARACTER OF REDUCED LOT, UH, UH, WIDTH WITHIN THE DISTRICT IS UNIFORM, LEAVING LITTLE ROOM FOR PROPER BUILDING SETBACKS.
UH, THIS IS PREVENT, UH, PROVIDED BY THE PROLIFERATION OF OLDER, OUTDATED, SUBSTANDARD LOTS, CURRENTLY ZONED R FOUR END OF MOTION.
OKAY, HOLD ON JUST A SECOND BEFORE WE CONTINUE.
I WANT AN EXPLANATION FROM STAFF.
IS THIS, UH, UH, IS THIS LOCK ALL THE PROPERTY WE'RE TALKING ABOUT OR HAS THIS ALREADY BEEN UH, UH, PLOTTED FOR, UH, AS INDIVIDUAL LOCK? THEY'RE, THEY'RE CURRENTLY PLOTTED AS ANTIQUATED, UH, LOTS, UH, TO BUILD ON.
YOU CAN ACTUALLY BUILD ON 'EM NOW.
IT JUST, IT COMES DOWN TO YOUR STRUCTURE AND SO FORTH.
THAT'S WHY HE'S ONLY REQUESTING LOT 24 SINCE HE'S ABLE TO RECONFIGURE HIS STRUCTURES FOR 25, 26 AND 27.
THAT'S WHY THEY'RE NO LONGER REQUIRED.
WHAT I'M SAYING IS THIS, THIS ORIGINAL LOT AND THEN HE'S GOING TO BE SUBDIVIDING AND PLA
SO IT WOULD BE PLA UH, LOT NUMBER 24, WHICH HAS NO ADDRESS, HAS NOT BEEN ASSIGNED FOR A RIGHT AWAY OR SOMETHING.
SO, SO THIS WOULD BE LOT 24 OF THE ADVENT THAT CORRECT? IT SHOULD IT'S LOT 24 OF, OF THE REQUEST BECAUSE LOT 25, 26, 27 WE'RE NO LONGER REQUESTED I THAT, BUT WE'RE NOT GIVING A COMPLETE PROPERTY DESCRIPTION AND WE HAVE NO ADDRESS.
THE LEGAL DESCRIPTION IS, IS ADEQUATE ENOUGH AND YOU CAN SAY THE 1900 BLOCK OF EAST STREET.
WELL I JUST WANTED TO MAKE SURE THAT WE GET THE PROPERTY DESCRIPTION ON THERE.
WE HAVE NO VALID ADDRESS TO MAKE SURE THAT THIS IS APPROPRIATE.
OKAY, NOW I'M ENTERTAIN A SECOND.
THAT WAS, UM, MS. RACKMAN? YES.
ALRIGHT, UH, SO LET'S START THE DISCUSSION WITH, UH, ANDREW.
WOULD YOU LIKE TO START THE DISCUSS? YES.
SO I'M, I'M GONNA SUPPORT THE VARIANCE.
UM, CLEARLY IT BRINGS, UM, MUCH NEEDED DEVELOPMENT ONTO THAT PART OF, OF THE CITY.
UM, IT'S, IT'S, UH, RE-ENERGIZING THAT THE REAL ESTATE AND CREATING, UH, UH, WORKFORCE HOUSING THAT'S MUCH NEEDED FOR THAT AREA.
AND THERE'S MINIMAL IMPACT TO THE SURROUNDING NEIGHBORHOOD AND ACTUALLY WITH IMPROVEMENT TO THE NEIGHBORHOODS WITH NO OPPOSITION.
SO I AM SUPPORTING THE VARIANCE.
UH, MS. RAGMAN, DO YOU HAVE ANY INPUT? UM, YES, I AGREE WITH MY COLLEAGUE MR.
[02:05:01]
UM, AND UM, I LIKE THE POINT THAT MR. TE MADE THAT THAT IS A, ESSENTIALLY A SIDE CORNER LOT, THAT IT'S GONNA HAVE A, UM, EXTRA ROOM, UH, BECAUSE OF THE SIDEWALK.SO, AND, AND IT'S SET BACK FAR ENOUGH THAT THERE WON'T BE A PROBLEM WITH THE, UH, FIELD DIVISION.
SO I'LL BE IN SUPPORT OF THE MOTION.
ANYONE ELSE HAVE A, UH, ANY COMMENT? MR. MENCHACA, PLEASE SPEAK CLEARLY TO YOUR MICROPHONE.
UM, I JUST HAVE A SMALL QUESTION.
I I'M GONNA DO THE THROUGH BUT AN ANTIQUATED, ANTIQUATED LOT.
I'VE NEVER HEARD THAT TERM BEFORE.
I BELIEVE IT IS, IT IS REGARD TO THE ORIGINAL LAD PROPERTY WAS, IT WAS A MUCH LARGER LOT THAT WAS SUBDIVIDED BY FLAT INTO SMALLER LOTS ACTUALLY.
UM, ANTIQUATED LOT IS, UH, BASICALLY THESE ARE OLD PLATTS, UH, THAT WERE DONE PRO MOST LIKELY PRO PRIOR TO THEY WERE ANNEXED TO THE STATION.
SO WE'LL SEE A LOT OF THESE ANTIQUATED, UH, PLATTS IN, WITHIN THE ORIGINAL 36 SQUARE MILES.
UH, BUT THAT'S WHAT IT ANTICIPATED BY.
ALRIGHT, ANY OTHER QUE ANY OTHER STATEMENTS FOR THIS PARTICULAR VOTE? NO ONE SPEAK UP A THEN I'M, LET'S GO AHEAD AND TAKE A ROLL CALL.
ALRIGHT, I HAVE MOTION TO APPROVE MADE BY MR. OONA, SECOND BY MS. DR I CONCUR WITH THE FINDINGS.
MR. MINKA, I CONCUR WITH THE FINDINGS OF FACTS.
DO YOU WANNA HIT, UH, GONNA UNMUTE YOURSELF.
ALRIGHT, MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACTS.
MR. OONA? YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. DELMER? YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
I CONCUR WITH THE FINDING OF FACT BEING OF UNANIMOUS HOPE THE MOTION IS APPROVED.
UM, PLEASE GET WITH STAFF TO COMPLETE THE PROCESS AND WE'VE COME UP TO
[5. 20-2469 BOA-20-10300029: A request by Blanca DeLeon for a special exception to allow a registration of a one-operator beauty/barbershop within a single-family residence, located at 614 South Polaris Street. Staff recommends Approval. (City Council District 2) (Azadeh Sagheb, Planner (210) 207-5407, Azadeh.Sagheb@sanantonio.gov, Development Services Department)]
THE LAST CASE.AGAIN, D OA CASE 21 0 3 0 0 0 2 9 AND THIS IS A SPANISH SPEAKING APPLICANT, SO WE'RE GONNA NEED TO SLOW DOWN AS THEY TRANSLATE FOR THE APPLICANT.
BUT, UH, SHE IS ON THE CALL WITH SPANISH, UH,
AND, UM, WHEN WE GET TO COMMISSION QUESTIONS, WE UH, JUST NEED TO MAKE SURE THAT WE ALLOT, UH, ENOUGH TIME FOR HER TO TRANSLATE, UM, AND TAKE BREAKS IN BETWEEN OF THOSE QUESTIONS OR STATEMENTS.
SO, UH, SHE, UH, CAN THEN ALSO, UH, RELAY BACK HER INFORMATION WELL ALL.
SO THE ADDRESS IS SIX 14 SOUTH POLARIS STREET.
IT'S A SPECIAL EXCEPTION TO ALLOW REGISTRATION OF A ONE OPERATOR BEAUTY BARBER SHOP WITH A SINGLE FAMILY RESIDENCE.
CURRENT ZONING IS R M FOUR M L L D THREE M L R ML MLR TWO.
THE APPLICANT IS REQUESTING NEW REGISTRATION OF ONE OPERATOR BEAUTY SHOP, UH, WITHIN THE RESIDENCE.
THE AREA PREDOMINANTLY SURROUNDED BY SINGLE FAMILY RE UH, DWELLINGS ON OCTOBER 2ND, 2019 AND OCTOBER 19TH, 2019, CODE ENFORCEMENT ISSUED A CITATION REQUIRING COMPLIANCE WITH THIS SECTION OF CODE FOR SPECIAL EXCEPTION FOR ONE OPERATOR BEAUTY SHOP.
AND ENCLOSED IS ALSO THE SITE PLAN SHOWING THE ONE OPERATOR WILL BE IN THE FRONT AREA OF THE HOME.
NEXT SLIDES ARE OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA.
AS YOU CAN TELL, A SINGLE FAMILY RESIDENTIAL PREDOMINANTLY STAFF RECOMMENDED APPROVAL OF A SPECIAL EXCEPTION FOR A ONE OPERATOR BEAUTY SHOP AND B O A 21 0 3 0 0 0 2 9 FOR A PERIOD OF 24 MONTHS, TWO YEARS NOT TO EXCEED, UH, 40 HOURS PER WEEK BASED ON THE FOLLOWING FINDINGS OF FACT, UH, THE REQUEST MEETS ALL CRITERIA FOR GRANTING THE SPECIAL EXCEPTION AND WILL NOT CHANGE THE CHARACTER.
ZERO IN FAVOR, ZERO IN OPPOSITION.
AND THERE IS NO RESPONSE FROM THE DENVER HEIGHTS DENVER ASSOCIATION.
THAT CONCLUDES THE PRESENTATION.
[02:10:02]
ALL, UH, LET'S GO AHEAD AND BRING THE APPLICANT FORWARD.WE WILL GIVE HER PLENTY OF TIME.
I HAVE BLANCA DELEON ON THE LINE.
AS A REMINDER, PLEASE STATE YOUR NAME AND ADDRESS AND BE AS BRIEF AS POSSIBLE.
YES, MY NAME IS LEON AND MY ADDRESS IS SIX 14 SOUTH POLAR STREET, SAN ANTONIO, TEXAS 7 8 2 1 3.
I'M ONLY ALLOWED TO WORK 40 HOURS A WEEK.
HER PRESENTATION AND SHE ASKED QUESTIONS.
SO I, I, UM, AM REQUESTING THIS BECAUSE I ONLY TAKE ABOUT ONE OR TWO CLIENTS PER DAY AND THEY ALL BY APPOINTMENT, THEY DO NOT HAVE ACCESS TO THE HOME AND THERE IS NO, UM, THERE'S NO NOBODY SAYING ANYTHING ABOUT PARKING.
THEY, THEY HAVE ENOUGH PARKING SPACE.
I HAVE ALL THE NECESSARY MEASURES FOR SAFETY.
I HAVE THE FIRE EXTINGUISHER AND, UH, THERE'S ONLY 12, THERE'S ONLY ABOUT 12 SQUARE FEET AROUND THIS AREA.
AND THIS, THEY ONLY HAVE ACCESS TO THE BEAUTY SHOP PORTION OF MY HOME.
THERE'S ONE ENTRANCE AND ONE EXIT.
THEY DON'T HAVE ANY ACCESS TO THE REST OF THE HOME.
AND THEY ALSO, AND THEY ALSO HAVE ACCESS TO THE RESTROOM.
THERE'S A RESTROOM JUST FOR THE CLIENT.
WELL, JUST LIKE I SAID, I HAVE TAKEN ALL THE SAFETY MEASURES.
I HAVE THE FIRE EXTINGUISHER, THE FIRE ALARMS, AND TODAY OR TOMORROW I WILL HAVE, UH, SECURITY CAMERAS INSTALLED.
AND RIGHT NOW, LIKE I, I AM NOT REALLY TAKING ANY CLIENTS.
LIKE I SAID, I DO TAKE ONE OR TWO PER DAY WHEN I DO WORK, SO I DON'T USUALLY WORK THAT MUCH ANYWAY.
UM, BUT RIGHT NOW SINCE I HAVE A KNEE INJURY, I WILL NOT BE WORKING FOR SOME TIME.
BUT I WOULD LIKE TO HAVE ALL THE PERMITS IN ORDER FOR WHEN I DECIDE TO CONTINUE WORKING.
PLEASE ADVISE US WHEN YOU'VE COMPLETED YOUR REQUEST.
[02:15:07]
UH, YES, I THINK THIS ISDO WE HAVE ANY PUBLIC SPEAKERS ON THIS ISSUE? THERE'S NOBODY SIGNED UP TO SPEAK.
NOW, DO WE HAVE ANY QUESTIONS FOR STAFF OR FOR, UH, THE APPLICANT? THOSE ON THE BOARD? WHO WAS THAT PER GO FIRST AND MR. MENCHACA? MARIA, GO AHEAD.
I WAS JUST WANTING TO ASK THE STAFF ON THE CITATION SHE RECEIVED, IS IT FOR HER NOT HAVING A LICENSE? IS THAT CORRECT? THAT'S CORRECT.
UH, NOT HAVING A SPECIAL EXCEPTION, I'M ASSUMING SHE GOT REPORTED.
ONCE, UH, IF THIS WERE TO BE TAKEN CARE OF, THAT WOULD RESOLVE THE ISSUE.
IF NOT, SHE WOULD HAVE TO DEAL WITH CODE COMPLIANCE.
AND SHE DOES KNOW THAT THIS PERMIT IS ONLY FOR TWO YEARS, CORRECT? THAT IS CORRECT, YES, MA'AM.
UH, I BELIEVE MR. MANKA, YOU HAD A QUESTION? YEAH.
UH, ABOUT THE RES DETECTOR, BUT, UH, IS IT ADEQUATE? THAT'S TYPICALLY NOT AN ISSUE THAT WE WOULD RE UH, GET INTO WITH A ONE OPERATOR BEAUTY SALON, BUT SHE WOULD'VE TO MEET ALL BUILDING CODE REQUIREMENTS AND IT DOES NOT REQUIRE A CERTIFICATE OF OCCUPANCY EITHER.
UH, ANYONE ELSE HAVE A QUESTION FOR OUR STAFF OR APPLICANT? TREVINO? MR. TREVINO, PLEASE? I HAVE A QUESTION FOR THE APPLICANT.
UM, YOU HAD MENTIONED THAT, UH, YOU HAD ASKED A QUESTION OF WHETHER OR NOT YOU WERE RESTRICTED TO 40 HOURS.
IS THERE A REASON ANYONE CAN ANSWER THAT STAFF OR APPLICANT? YES, IT'S JUST THAT I DON'T NEED AS MANY HOURS.
I ONLY ATTEND TO ONE OR TWO CLIENTS PER DAY AND MY DRIVEWAY ALLOWS FOR UP TO TWO VEHICLES TO BE PARKED THERE.
I JUST DON'T, I DON'T NEED THAT MANY HOURS FOR WORK SINCE I'M THE ONLY ONE WORKING THERE.
DID, DID, UH, SHE SPECIFY THE HOURS THAT SHE'LL BE OVER? YEAH, SHE DID.
UM, WHAT, SO IT SAYS, UH, MONDAY, SATURDAY FROM 8:30 AM TO 6:30 PM UM, ALLOWING THOSE HOURS DIFFER FOR THE FLEXIBILITY OF PERMITTING, UH, WHAT TIME? SHE, UH, AND THE CODE, I THINK ONLY ALLOWS THE MAXIMUM OF ABOUT 40 HOURS PER WEEK.
UH, BUT AGAIN, SHE DOESN'T HAVE TO BE OPEN ALL 40 HOURS.
BUT THE TIMEFRAME PER DAY IS WHAT'S IMPORTANT BECAUSE IF SHE TAKES STUFF, HER CLIENT, YOU WANNA MAKE SURE THAT YOU HAVE THE APPROPRIATE START TIME AND THE APPROPRIATE END TIME DAY.
NO ADDIT, NO ADDITIONAL QUESTIONS AT THIS POINT.
I'M GONNA GO AHEAD AND, AND, UH, CLOSE THE PORTION OF THE PUBLIC PORTION OF THIS MEETING.
I WILL BE ENTERTAINING A MOTION ON THIS PARTICULAR ITEM.
CRUZ, MS. CRUZ WOULD LIKE TO MAKE THE MOTION REGARDING CASE NUMBER BO A 2 0 1 0 3 0 0 0 2 9.
I MOVE THE BOARD OF ADJUSTMENT GRANT, THE SPECIAL EXCEPTION TO ALLOW A NEW REGISTRATION OF A ONE OPERATED BEAUTY SHOP WITHIN A SINGLE FAMILY RESIDENCE WITH LIMITED HOURS OF MONEY THROUGH SATURDAY FROM EIGHT 30 TO 6:30 PM BY APPOINTMENT ONLY SITUATED AT 6 1 4 SOUTH POLARIS STREET, APPLICANT BEING BLANCA DEON, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT LITERAL
[02:20:01]
ENFORCEMENT OF THE PROVISIONS OF THE U D T AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER.
THE PURPOSE OF THE REVIEW IS TO ENSURE THAT THE OPERATION OF A ONE OPERATOR BEAUTY BARBERSHOP DOES NOT NEGATIVELY IMPACT THE CHARACTER OF THE COMMUNITY.
THE APPLICANT HAS FULFILLED ALL REQUIREMENTS FOR ONE OPERATOR SHOP IS ESTABLISHED BY THE U D C.
AS SUCH, STAFF FINDS THAT THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE PURPOSE OF THE CHAPTER B.
THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED.
THE APPLICANT HAS A PENDING CODE VIOLATION PERTAINING TO OBTAIN THE REQUIRED CERTIFICATION.
THE GRANTING OF THE SPECIAL EXCEPTION WILL CAUSE IT TO, TO BE COMPLIANT AND CLOSE BY CODE ENFORCEMENT OF THE WELFARE CONVENIENCE WILL BE SERVED AT IT AS IT WILL PROVIDE A VALUABLE SERVICE TO THE RESIDENCE OF THE NEIGHBORHOOD.
THE APPLICANT HAS PROPOSED THE HOURS OF MONEY THROUGH SATURDAY FROM 8:30 AM TO 6:30 PM BY APPOINTMENT ONLY, THE THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED YOUTH.
THE SUBJECT PROPERTY WILL BE PRIMARILY USED IN A SINGLE FAMILY RESIDENCE.
THE BEAUTY BARBER SHOP WILL OCCUPY ONLY A SMALL PORTION OF THE HOME AS REQUIRED BY THE U D C AND THE FACT THAT A BEAUTY SHOP IS BEING OPERATED FROM THE HOME WILL LIKELY BEING DISABLE BY TWO PAST BUYERS.
AS SUCH, NEIGHBORING PROPERTIES WILL NOT BE SUBSTANTIALLY INJURED, NEITHER SPECIAL EXCEPTION WILL NOT ALL TRULY CENTRAL CHARACTER OF THE DISTRICT AND LOCATION OF WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT.
THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS STILL USED PRIMARILY AS A RESIDENCE E THE PUBLIC.
THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT.
THE PRIMARY USE OF THE DWELLING REMAINS A SINGLE FAMILY HOME.
THE GRANTING OF THE SPECIAL, ETC.
WILL NOT WEAKEN THE PURPOSE OF THE RESIDENTIAL ZONING CODE.
THIS SPECIAL EXCEPTION IS A TWO YEAR, UH, CONTRACT, UH, AND OF MOTION.
MS. CRUZ, DO WE HAVE A SECOND? YES.
MR. MENCHACA, WAS THAT YOU? YEAH.
MARIA, WOULD YOU LIKE TO START IT? YES, SIR.
UM, I AM VERY MUCH IN FAVOR OF THIS.
LIKE WE'VE ALWAYS SAID, SMALL BUSINESSES ARE, ARE THE FOUNDATION OF THE COMMUNITY.
IT LOOKS LIKE, UH, SHE WOULD HAVE NO PROBLEMS WITH, UH,
AND THIS WILL SATISFY THE VIOLATION SHE HAD BEEN GIVEN.
UH, MR. MENCHACA, PLEASE CLOSE TO YOUR MICROPHONE.
TELL US ANYTHING YOU'D LIKE TO ADD.
I'LL CONCUR WITH, UH, MR. ANYTHING.
ANYONE ELSE LIKE TO PUT SOME INPUT ON THIS PARTICULAR MOTION? ALRIGHT, I WOULD LIKE TO PUT A MOTION, SOME INFORMATION IN HERE.
NUMBER ONE IS THAT IT AN UNFORTUNATE THAT MOST PEOPLE IN SAN ANTONIO ARE NOT AWARE THAT THERE ARE PERMITS REQUIRED FOR, UM, OPERATION OF BUSINESSES.
AND THAT IS DUE TO THE LARGE NATION, THE GROWTH OF THE CITY.
UH, NOW THAT, UH, WE'RE LOOKING AT THIS CASE, I SEE NO OBJECTION TO ACCEPTING HER RECOMMENDATION.
SO THEREFORE, I'M GONNA CALL FOR THE VOTE.
I HAVE A MOTION TO APPROVE MADE BY MS. CRUZ WITH A SECOND MADE BY MR. MENCHACA.
ELLI, I, I CONCUR WITH THE FINDINGS OF FACT.
MR. MENCHACA CONCUR WITH THE FINDING FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MANA, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT.
YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
I CONCUR WITH THE FINDING OF FACT, UH, SINCE THE MOTION PASSED UNANIMOUSLY, UH, THE MOTION IS APPROVED.
THEREFORE, UH, I ADVISE THE APPLICANT THAT, UH, SHE IS NOW A, UH, OPERATOR WITH PROPER PERMITS AND THAT SHE ALSO IS A, UM, UH, A WAY OF LETTING OTHER PEOPLE KNOW THAT YOU'LL NEED PERMITS TO OPERATE BUSINESS LIKE THIS.
[02:25:01]
WITH YOUR OPERATION.[6. Consideration and approval of the March 2, 2020 Board of Adjustment Minutes.]
WILL BE THE MINUTES OF OUR PREVIOUS MEETING.AND NOW I KNOW IT'S BEEN A LONG TIME SINCE THAT PREVIOUS MEETING, BUT IT DID.
HAS EVERYONE HAD THE OPPORTUNITY TO THAT WE'RE, WE'RE EMAIL TO US? YES.
THEREFORE, UH, LET'S TAKE A, I GUESS WE'RE TAKING A ROLL CALL VOTE ON
AND, UH, SECOND, UH, WHO'S, WHO WANTS TO MAKE A MOTION OF ACCEPT I'M, WE ACCEPT A, UH, MINUTES FROM THE MARCH 2ND MEETING.
SO THE MO MOTION IS BEING MADE BY MS. CRUZ AND DR.
ZA WILL BE CONSIDERED THE SECOND.
IS THAT OKAY? THAT WORKS FOR, ALL RIGHT.
DO I HAVE A MOTION PROVE MADE BY MS. CRUZ? A SECOND BY, UH, DR.
UM, O ALL RIGHT, LET'S, UH, I DON'T THINK WE'RE GONNA NEED A DISCUSSION.
ELLI? YES, I APPROVE THE MINUTES.
OKAY, MR. I APPROVE THE MINUTES.
MS. CRUZ? YES, I APPROVE
MS. YES, I APPROVE OF THE MINUTES.
MS. TIO? YES, I APPROVE OF THE MINUTES.
MS. FISHER? YES, I APPROVE THE MINUTES.
AND CHAIR MARTINEZ, I APPROVE AS WELL.
WOULD HAVE ANY OTHER ISSUE TO BE DISCUSSED FROM CITY STAFF? NOTHING ELSE FOR THE RECORD, SIR.
SO WE'LL BE CONDUCTING ANOTHER VIDEO, UM, BOARD MEMBER MEETING ON MAY THE 18TH.
UH, MR. MENCHACA, FIND OUT WHY YOUR MICROPHONE IS, IT'S SO CLEAR.
IF NOT, YOU CAN ALWAYS PLUG A REGULAR MICROPHONE AND HOLD IT CLOSE TO YOU IF YOU CAN FIND ONE.
AND, UH, SO FAR I THOUGHT THIS WENT VERY SMOOTHLY.
I'M PLEASED THAT WE WERE ABLE TO COMPLETE THIS.
IT DID TAKE US ROUGHLY, UH, TWO HOURS AND 41 MINUTES TO DO FIVE CASES.
ARE WE STILL GONNA LIMIT THE NEXT BOARD MEETING TO FIVE OR ARE WE'RE GONNA TRY ADDITIONAL NUMBERS.
WE HAVE FIVE CASES SCHEDULED FOR THE NEXT.
UH, HOPEFULLY THAT, UH, CONDITIONS IN THE CITY OF SAN ANTONIO WILL APPROVE THAT.
WE'LL APPROVE ENOUGH THAT WE WOULD BE ABLE TO HAVE A REGULAR SESSION AT THE, UH, UH,
SO, UH, RIGHT NOW THE NEXT MEETING IS, I BELIEVE WE'RE ALREADY SCHEDULED FOR TELECONFERENCE.
ANYONE WHO WANTS TO CONTACT ME TO EXPLORE SOME ALTERATIONS THAT WE SHOULD MAKE, UM, PLEASE FEEL FREE TO CONTACT ME OR CATHERINE.
AND, UH, I WANT THANK YOU FOR YOUR TIME AND EFFORT.
UH, IT A LOT MORE TIME AND EFFORT THAN, THAN THE PUBLIC SEES, BUT, UH, IT MAY TO COORDINATE THIS MEETING.
AND THIS ENDS THE, UM, MAY 4TH MEETING OF THE, OF THE 2020 MEETING OF THE BOARD OF ADJUSTMENT.