* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. OKAY, [00:00:01] WE GOT THE THUMBS UP. GO AHEAD AND GO. ALRIGHT. UH, OFFICIALLY, [Call to Order] IT'S ACCORDING TO MY CLOCK. IT'S 1:03 PM ON JULY 6TH, 2020. GOOD AFTERNOON, LADIES AND GENTLEMEN. MY NAME IS ROGER MARTINEZ AND I'M THE CHAIRMAN OF THE BOARD OF ADJUSTMENTS OF THE CITY OF SAN ANTONIO. I HEREBY CALL THIS REGULAR NOTICE MEETING OF THE CITY OF SAN ANTONIO AT BOARD OF ADJUSTMENTS IN THE SESSION. NOW, IF WE CAN HAVE OUR INTERPRETERS READ THE INTERPRETATION SERVICES AVAILABLE FOR THIS MEETING. THANK YOU. THANK YOU VERY MUCH. OKAY. UM, I GUESS NOW WE SHOULD TAKE A ROLL CALL. OKAY. ALL RIGHT. DR. ELLI PRESENT. MR. MENCHACA, MAKE SURE YOU HIT UNMUTE MR. MENCHACA. OKAY, I THINK I GOT HIM. MISS MS. CRUZ. MARIA. THERE WE GO. MAKE SURE TO HIT MUTE. THERE YOU GO. OKAY. HERE, PRESENT. OKAY, MR. TEAL. PRESENT HERE. OKAY, MR. MANA, PRESENT. MR. ORIAN? UH, PRESENT. MS. BRAGMAN? PRESENT. MR. OZUNA? PRESENT. MS. FISHER? OKAY, GO AHEAD. PRESENT. MR. DELMER PRESENT AND CHAIR MARTINEZ PRESENT. OKAY. QUO IS PRESENT, SIR. THANK YOU VERY MUCH. BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. COURT CALLS AN AGENDA WHICH IS POSTED ON THE CITY WEBSITE, SAME LIST BY NUMBER WITH THE NAME OF THE APPLICANT AND STREET ADDRESS. FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE WE'RE OF BOARD COUNCIL. THE BOARD WAS SUPPORTED BY MEMBERS AND CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY'S ZONING AND OTHER, AND PERTAINING TO THIS AREA AN ADMINISTRATIVE BODY IN THE COURT OF LAW. THE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT. DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. PACIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND SAN ANTONIO, SAN ANTONIO, UH, COUNCIL. THEY'RE CLEARLY DEFINED IN CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE CHAPTER 35 OF THE CITY CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM DECISIONS OF THE OR DETERMINATIONS MADE BY THE ADMINISTRATIVE OFFICIAL IN ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM THE REGULATIONS WITHIN CHAPTER 28. IN ADDITION, WE HAVE POWERS TO HEAR CASES IN ANY OTHER MATTER AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE. EVERY DECISION OR RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDING OF FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY. IT REQUIRES THE RECURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS ALWAYS NINE VOTE. THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUESTED RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THE BOARD REGARDING APPEALS FROM THE ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURTS OF LAW BASED UPON THE RECORD OF PROCEEDING. APPEALS TO THE BOARD'S DECISION REGARDING CHAPTER 28 ARE MADE CITY COUNCIL PLEASE LIMIT YOUR PRESENTATION REMARKS TO THE PERTINENT FACTS OF YOUR CASE STAFF. DO WE HAVE ADDITIONAL INFORMATION? YES. TO PROTECT THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID OVID 19. THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO CONFERENCE. [00:05:01] THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO THE C OVID 19 CRISIS AND ARE IN PLACE. FURTHER NOTICE, MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING BY VISITING WWW SAN ANTONIO. DO GOV SLASH DSB OR BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3 TO INCORPORATE PUBLIC COMMENT, THERE ARE FOUR OPPORTUNITIES AND THESE INCLUDE EMAIL OR MAIL OF COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL, OR ASKING TO BE CALLED DURING THE MEETING. STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES AND FOLLOWING THE PRESENTATION BY THE APPLICANT, STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED. STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL. LASTLY, FOR THOSE THAT SIGNED UP TO RECEIVE A CALLBACK, WE WILL CALL THEM TO STATE THEIR TWO MINUTE COMMENT. SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED. THE APPLICANT WILL THEN BE GIVEN, GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS COMMISSION. QUESTION CHAIR. THANK YOU VERY MUCH. UM, I BELIEVE WE'RE NOW READY TO PROCEED WITH THE MEETING. MAKE SURE YOU'RE NOW, LET'S START WITH CASE [2. 20-3995 (Continued from 06/15/2020) BOA-20-10300032: A request by Silvia Torres Castaneda for 1) a 6’ variance from the required 10’ front setback for a carport to be 4’ away from the front property line, and 2) a 3’7” variance from 5’ required side setback for a carport to be 1’5” away from the side property line, located at 1002 S Pine Street. Staff recommends Denial. (Council District 2) (Azadeh Sagheb, Planner (210) 207-5407, Azadeh.Sagheb@sanantonio.gov, Development Services Department)] NUMBER, UH, B O A 21 0 3 0 0 0 32. SHERIFF, JUST FOR THE RECORD, UH, WE ARE POSTPONING CASE NUMBER VO 8 19 1 0 3 0 1 6 2. ALL RIGHT. SO THIS IS ZEKE'S WITH DEVELOPMENT SERVICES O A CASE 21 0 3 0 0 0 3 2 1002 SOUTH PINE STREET. THIS ITEM WAS CONTINUED FROM OUR LAST MEETING BECAUSE OF TECHNICAL DIFFICULTIES. APPLICANT IS SYLVIA TORRES RA. IT'S A ONE A REQUEST FOR A SIX SIX FOOT VARIANCE FROM THE REQUIRED 10 FOOT FRONT SETBACK FOR A CARPORT TO BE FOUR FEET AWAY FROM THE FRONT PROPERTY LINE AND TWO, A THREE FOOT SEVEN INCH VARIANCE FROM THE FIVE FOOT REQUIRED SETBACK OR SIDE SETBACK FOR A CARPORT TO BE ONE FOOT FIVE INCHES AWAY FROM THE SIDE PROPERTY LINE ZO IS RMM FOUR A H O D FIVE. THE APPLICANT BUILT AN ATTACHED CARPORT WITH A ROOF HAVING A SLIGHT SLOPE, UH, TO THE NORTH SIDE WITH AN 11 INCH OVERHANG AND A 17 INCH SIDE SETBACK. THE CARPORT IS ENTIRELY MADE OF WOOD MEASURING 11 FEET THREE INCHES IN WIDTH AND 60 FEET, EIGHT INCHES IN LENGTH. CURRENTLY NO GUTTERS ON THE CARPORT. UH, DURING SITE VISIT STAFF DID NOT OBSERVE ANY OTHER SIMILAR CARPORTS. CODE ENFORCEMENT NOTICE WAS GIVEN TO THE PROPERTY OWNER ON AUGUST 7TH, 2019 FOR CONSTRUCTING A CARPORT WITHOUT PERMITS. HERE'S A SITE PLAN OF THE STRUCTURE. NEXT SLIDE. AND THE NEXT PHOTOS ARE OF THE SUBJECT PROPERTY AND SURROUNDING AREA. STAFF RECOMMENDS DENIAL OF BO O A 21 0 3 0 0 0 3 2 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCE DOES NOT PROVIDE ADEQUATE SPACE TO ALLOW STORMWATER RUNOFF AND LONG-TERM MAINTENANCE, AND THERE'S NO UNIQUE CIRCUMSTANCES PRESENT THAT WARRANT THE REQUEST. 36 NOTICES WERE SENT, UH, WITH ONE IN FAVOR, ZERO IN OPPOSITION, AND THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION IS IN FAVOR. I ALSO HAVE, UH, A LETTER FROM THE ASSOCIATION ALONG WITH THE NEIGHBOR IN SUPPORT OF THE PROJECT. THAT CONCLUDES MY PRESENTATION. WE HAVE SYLVIA TORRES CASTANEDA THE APPLICANT ON THE LINE WITH, UH, UH, TRANSLATION SERVICES. VERY GOOD. PROCEED. OKAY. UH, UH, SO MY NAME IS SVIA TORRES CASTANERA. MY ADDRESS IS 10 0 2 SOUTH PINE STREET. AND THE REASON [00:10:01] I AM REQUESTING THIS IS BECAUSE I WOULD LIKE FOR YOU TO ALLOW ME TO KEEP MY CAR PORCHED WHERE I HAVE IT SO THAT I COULD PUT MY VEHICLES IN THERE. SO, UM, I HOPE YOU UNDERSTAND MY POSITION. I AM A SINGLE MOTHER AND I DON'T KNOW ANYTHING ABOUT CONSTRUCTION. SO THE FIRST PERSON THAT OFFERED TO DO THIS FOR ME, I ACCEPTED, AND I WOULD LIKE TO ALSO POINT OUT THAT THE FLOORING WAS ALREADY SET BEFORE I BOUGHT THIS HOME. UH, IT'S NOT LIKE I PUT THE POST AND THEN SET THE FLOORING. IT WAS ALREADY THERE. AND I HOPE YOU UNDERSTAND AND SEE THAT I NEED THIS PORCH SO THAT I COULD HAVE SOMEWHERE TO STORE MY VEHICLE BECAUSE I HAVE NO OTHER WAY, AND ALSO MAINLY BECAUSE OF HAIL. I AM REALLY CONCERNED ABOUT, AND I HOPE YOU SENT THE PERMIT FOR THIS. UM, UNFORTUNATELY I WAS NOT AWARE ABOUT LIKE PULLING PERMITS OR TAKING APPLICATIONS. I WAS NOT, UH, AWARE OF ANY OF THIS PROCESS AND I'M NOT REALLY FAMILIARIZED WITH THE EMAILS OR ANYTHING OF THE SORT. BUT WHAT I DID BEFOREHAND IS THAT I ASKED MY NEIGHBORS FOR INPUT AND I'VE ACTUALLY HAD NEIGHBORS SAY THAT IT DOESN'T BOTHER THEM THAT THEY'RE FINE WITH IT. AND ALSO I'VE HAD OTHER NEIGHBORS EVEN ASK ME WHO BUILT IT FOR ME BECAUSE THEY WOULD LIKE TO GET SOMETHING SIMILAR TO MINE. BUT THE THING IS THAT I DON'T EVEN, UH, I CAN'T GIVE THEM THE CONTACT INFORMATION BECAUSE THE MAN THAT BUILT THIS FOR ME DIDN'T EVEN FINISH IT AND I HAVEN'T BEEN ABLE TO CONTACT HIM AGAIN. I KNOW IT'S UNFINISHED AND I STILL HAVE TO INSTALL GUTTERS IN IT. IF YOU WERE TO GRANT ME, UH, THE APPROVAL FOR THIS AND I WOULD THEN BECOME, UM, I WOULD THEN BECOME IN COMPLIANCE WITH ALL THE NEEDED CODES FOR HOW FOR IT TO BE FINISHED. AND I WOULD REALLY JUST, LIKE I MENTIONED BEFORE, I LIKE TO KEEP THIS BECAUSE I NEED SOME PROTECTION FOR MY VEHICLE AND I DON'T HAVE ANY $500 DEDUCTION PLAN AGAINST HAIL TO BE ABLE TO FIX MY VEHICLES. AND THE ONLY SOURCE OF INCOME I HAVE IS THE ONE FOR MY JOB. SO THAT IS WHY I WOULD LIKE TO KEEP THIS. OKAY. AND DO WE HAVE ANY FURTHER INFORMATION FROM THE APPLICANT? [00:15:02] NO. OKAY. UM, AND, UH, DO WE HAVE ANY PUBLIC INPUT ON THIS CASE? WE DO NO CALLERS, BUT THERE ARE TWO, UM, COMMENT CARDS. THERE'S A, A LETTER ACTUALLY RECEIVED FROM THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION, UH, THE DENVER HEIGHTS NEIGHBORHOOD ASSOCIATION EXECUTIVE BOARD ON MONDAY MORNING, JUNE 15TH, 2020, VOTED UNANIMOUSLY TO SUPPORT ONLY THE DECISION. UH, THE DECISION ONLY THAT IS BEING SUBMITTED BY THE PROPERTY OWNER LOCATED HERE. IT REEDS 1000 SOUTH, UH, ONE STREET, WHICH IS DIRECTLY NEXT DOOR TO THE SUBJECT PROPERTY AT THE PROPERTY LOCATED 1000 SOUTH PINE STREET IS IN FAVOR OF THE VARIANCE REQUEST. THEN WE ALSO SUBMIT OUR SUPPORT. HOWEVER, THE PROPERTY OWNER LOCATED 1000 SOUTH PINE IS NOT APPROVING THE VARIANCE REQUEST. THEN WE ALSO MUST DISAPPROVE THE VARIANCE REQUEST. AND THAT IS FROM AUBREY LEWIS AT, UM, FOR THE SUBJECT PROPERTY. THEN WE RECEIVED AN EMAIL FROM THE NEIGHBOR, UH, FROM MICHAEL BOWMAN FROM 1000 SOUTH PINE WITH REGARDS TO PROPERTY AT 1002 SOUTH PINE. I HAVE NO OBJECTIONS TO THE STRUCTURE BUILT AS IS. I'M IN FAVOR OF THE VARIANCE AS DESCRIBED ON THE BOARD OF ADJUSTMENT REQUEST. THE CARPORT IS BUILT ADEQUATELY AND ALLOWS THE CLEAR VIS, UH, CLEAR VIEW OF THE STREET. THAT CONCLUDES THE COMMENTS. OKAY. SO WE WE HAVE A DEFINITE MAYBE FROM THE HOMEOWNERS ASSOCIATION. NO, THEY SAID IF THE NEIGHBOR DOESN'T IS IN SUPPORT, THEN THEY ARE AS WELL, WHICH WE RECEIVED AN EMAIL FROM THE NEIGHBOR IN SUPPORT OF THE REQUEST. OKAY. WITH CONTINGENT UPON OTHER PEOPLE'S ACCEPTANCE. VERY WELL. THAT'S CORRECT. ALL RIGHT. IS, IS THAT ALL THE PUBLIC INPUT WE HAVE? THAT IS IT. ALL RIGHT. NOW I'M GONNA ASK THE STAFF, SINCE WE'VE KIND OF GONE THROUGH THIS VERY QUICKLY. DO YOU HAVE ANY QUESTION FROM THE, ON THE BOARD, UH, UH, FOR THE STAFF FIRST? OKAY. NO QUESTIONS FOR THE STAFF. DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? ORIAN, MR. ORIAN? SO, UM, HOW MANY VEHICLES ARE, ARE YOU ATTEMPTING TO PARK UNDER THERE? BECAUSE IT'S 60 FEET LONG. OKAY. THE INTERPRETER, I HAVE A DODGE PICKUP TRUCK AND JOURNEY. THE TWO VEHICLES? YES, YES. UH, BUT AT THE MOMENT I'M STILL PAYING OFF MY TRUCK. IT IS JUST TWO FOR NOW, BUT ONCE I PAY OFF MY TRUCK, I AM GONNA GIVE IT TO MY SON AND THEN HAVE ANOTHER VEHICLE FOR MYSELF. BUT, AND SO IT WOULD BE A TOTAL OF THREE, BUT THAT WOULDN'T BE FOR A YEAR AND A HALF TILL FROM NOW. OKAY. AND DO YOU FEEL THAT, UH, THAT YOU HAVE ENOUGH SPACE TO PARK THOSE THREE VEHICLES THERE WITHOUT BLOCKING THE PUBLIC SIDEWALK? IS THE, THE PICTURE THAT I'M SEEING, LIKE ON GOOGLE MAPS, IT'S SHOWING A, AN S U V TYPE VEHICLE THAT WHERE IT'S HANGING BLOCKING THE SIDEWALK? YES, I DO THINK SO BECAUSE I ALREADY HAVE MY TWO VEHICLES PARKED IN THERE AND SOMETIMES WHEN MY DAUGHTER COMES TO VISIT, SHE PARKS HER VE VEHICLES, UH, BEHIND US. SHE SOMETIMES DOES PARK ON THE STREET, BUT THEN I TELL HER TO PARK CLOSER TO THE OTHER CAR AND I'VE NOTICED THAT THREE VEHICLES FIT JUST FINE UNDER THERE. AND THEN MY LAST QUESTION IS, IS THAT YOUR TESTIMONY EXPRESSED THAT YOU WERE GOING TO, UH, IF THIS WERE APPROVED, UH, STALL GUTTERS, IS THAT PART OF WHAT YOU'RE PROPOSING AS A PRODUCT IS A PORT WITH GUTTERS? DO WE KNOW IF THE INTERPRETER'S ASKING TO, [00:20:41] YES, I WILL ABIDE TO WHATEVER, UH, THE COMMISSION TELLS ME TO DO. IF THEY TELL ME TO INSTALL GUTTERS, I WILL INSTALL GUTTERS. IF THEY TELL ME TO COVER IT, I WILL COVER IT. OR IF THEY ASK OF ME SOMETHING ELSE AND I WILL DO SO. UM, I WAS ACTUALLY READY INTO LOOKING AT THE GUTTER SYSTEM. THAT'S SOMETHING THAT I HAVE IN MIND, BUT WHATEVER YOU ASK OF ME, I WILL INSTALL AND I WILL ABIDE TO THE GUIDELINES. I ACTUALLY HAVE BEEN VERY STRESSED OVER THIS AND I WOULD BE VERY DEPRESSED IF IT WERE NOT APPROVED. I'VE BEEN TO THE HOSPITAL ABOUT FIVE TIMES BECAUSE THIS HAS CAUSED ME SO MUCH STRESS. BUT I'M READY TO FOLLOW ANY GUIDELINES THAT YOU GIVE ME. OKAY, THANK YOU. ALRIGHT. WE KNOW WHAT'S CAUSING THIS NOISE. IT'S, UH, THE FEEDBACK FROM THE APPLICANT'S PHONE. SO WE, IN ORDER TO HAVE AN INTERPRETER, WE HAVE TO HAVE THEM ON A, UH, CELL PHONE, SPEAKER PHONE, AND THEN WE, UM, UH, USE OUR SPEAKER PHONE IN ORDER FOR BOTH OF THEM TO TALK. UH, SO WE'RE JUST GONNA TRY TO SEE IF SHE CAN MUTE HER WHILE SHE'S, UH, INTERPRETING. OKAY. VERY GOOD. UH, DO WE HAVE ANY OTHER QUESTIONS FROM BOARD MEMBERS? DOES ANYONE, IS THAT YOU ARLENE ASKING QUESTION? YES. OKAY, GO AHEAD. I WAS WONDERING, DO WE HAVE ANY ESTIMATES OF HOW MUCH THE GUTTERS WOULD COST? WELL, THAT'S ACTUALLY NOT IN OUR PURVIEW. UH, IN FACT, WE HAVE A PROBLEM HERE. SINCE THE GUTTERS HAVE NOT BEEN INSTALLED, WE CANNOT PUT A CONTINGENCY ON THIS COVER. ALL WE CAN DO IS, IS SET THE GUIDELINES FOR WHAT HAS TO BE DONE. I MEAN, WHAT HAS TO, WHAT WE'RE GONNA ALLOW IF WE ALLOW A VARIANCE ON THIS PROJECT. UM, THE GUTTERS, LIKE I SAID, UH, WE CAN'T MAKE CONTINGENCIES ON OUR, OUR MOTION. UM, THEREFORE THEN ALL WE CAN DO IS SET THE GUIDELINES AND THEN, UH, AND MAKE SURE THAT THE WATER DOES NOT RUN OFF THE NEXT DOOR NEIGHBOR. UM, NOW, UH, ONE, BY THE WAY, UH, DOES THAT ANSWER YOUR QUESTION, ARLENE? THANK YOU. ANYONE ELSE HAVE A QUESTION? I HAVE A QUESTION TO THE APPLICANT. IS THE APPLICANT AWARE THAT IF THIS CARPORT WOULD BE APPROVED, THEN THE NEIGHBOR IMMEDIATELY ADJACENT TO HIM, THE ONE THAT HAS THE PARKED RIGHT NEXT TO THEIR PROPERTY LINE, WOULD NOT BE ENTITLED TO HAVE FIVE TO THEIR PROPERTY LINE? I'VE LOST, SORRY. I DON'T UNDERSTAND. OKAY. WE HAVE TO ALLOW CLEARANCE BETWEEN BUILDING STRUCTURES IN THE CITY OF SAN ANTONIO FOR FIRE AND AND PROTECTION PURPOSES. IF A CARPORT LIKE THIS THAT'S BUILT SO CLOSE TO THE PROPERTY LINE WOULD BE APPROVED, THIS WOULD INTERFERE WITH THE NEIGHBOR WHO'S GOT THE DRIVEWAY ADJACENT TO HER FROM EVER PUTTING UP A CARPORT ANYWHERE CLOSE TO HER CARPORT. JUST A REMINDER, SHE TRANSLATES BEFORE SHE PUTS HER BACK ON THE PHONE. OKAY. I'M, I'M PATIENT. OKAY. OKAY. SO WHAT DO YOU SUGGEST? WELL, I'M JUST MENTIONING THIS TO YOU BECAUSE IF THAT PERSON IS AWARE THAT THEY WON'T BE ABLE TO PUT UP A CARPORT THEN, AND THEY STILL ARE WILLING TO ACCEPT YOUR, YOUR PREMISE OF LEAVING THAT CARPORT THERE, THEN HE'S GONNA HAVE A PROBLEM LATER ON BECAUSE YOUR CARPORT IS SO LONG, THERE IS ALMOST ABSOLUTELY NO AREA ON HIS DRIVEWAY THAT COULD ACCEPT A TWO CAR CARPORT. [00:25:26] OKAY. I, I ADVISED HER AT THE TIME THAT SHE CAME IN TO RE TO RESPOND TO THE, UM, VIOLATION THAT, UH, THAT SHE'S INFRINGING UPON THE NEIGHBOR'S PRO OR TOWARD THE NEIGHBOR'S PROPERTY ON POSSIBLE, UH, CONSTRUCTION BY REQUESTING A CARPORT WHERE IT IS NOW. UM, IT'S GONNA ALWAYS DEPEND ON THE OUTCOME OF TODAY'S CASE. UM, AND THE, THE NEXT DOOR NEIGHBOR WAS NOTIFIED OF THE REQUEST. SO IF THAT NEIGHBOR WOULD EVER WANT TO BUILD A CARPORT, UH, WE'LL THEN HAVE TO WORK WITH THEM ON WHAT, UH, WOULD BE ALLOWED AND WHAT WOULD NEED TO BE FIRE RATED. RIGHT. AND OF COURSE, THIS CARPORT WILL ALSO HAVE TO BE FIRE RATED, CORRECT. BUT SHE'S LOOKING AT A, A, A SUBSTANTIAL PROJECT AS IT IS NOW. UM, NEVERTHELESS, I'M, I'M CONCERNED THAT THE, THE SIZE OR THE POSITION OF THIS CARPORT IS GOING TO CREATE A PROBLEM FOR THE NEXT DOOR NEIGHBOR AS WELL, EVEN THOUGH THE NEIGHBOR DID APPROVE WHAT HE BELIEVES IS A CARPORT NEXT TO HIM. UH, BUT HE MAY NOT BE AWARE HOW THAT WOULD AFFECT HIS POSSIBILITY OF EVER HAVING ONE. WHO ASKED THAT QUESTION, PHILLIP? IS THAT STAFF? THAT'S MANNA. HELLO, MR. MATT? SO, SO I HAVE A QUESTION FOR THE APPLICANT. SO, UM, ON THE REQUEST THAT I SEE, AS FAR AS THE PAPERWORK ON THE SECOND PICTURE, IT SAYS SUBJECT PROPERTY AND SHOWS THE PILLAR, UM, COMING DOWN TO THE GROUND OUTSIDE THE, UM, PERIMETER OR OUTSIDE THE BOUNDARY OF THE, THE EXISTING UNIT ITSELF. AND SO, SO THE QUESTION I WOULD ASK IS, SO IF YOU GO BACK ONE MORE, KEEP GOING. IT'S ONE, IT SHOWS THE BACK GARAGE. IS THERE A PICTURE THAT SHOWS THE BACK GARAGE? THERE YOU GO. THAT ONE THERE. OKAY. SO, UM, WHAT'S THE, UH, COULD THAT POST BE MOVED ALL THE WAY TO THE EXISTING DRIVEWAY? IS THE QUESTION THERE? AND SO ESSENTIALLY BRING IT IN BY A FOOT, WHICH WOULD, WHICH WOULD BRING, POTENTIALLY ALLOW FOR THE, THE REST OF THE ROOF BE BROUGHT IN BY FOOT OR MORE, WHATEVER THAT DISTANCE IS THERE. SO THE QUESTION TO THE APPLICANT IS, DOES THAT POST PRESENT A PROBLEM IF IT'S RIGHT AT THE EDGE OF THE DRIVEWAY ITSELF? WELL, MR MAN, IN THIS PARTICULAR REGARD, WE'RE STILL DEALING WITH LIMITATIONS OF WHAT WE'RE GONNA ALLOW FOR THE CARPORT. IF WE SAY THAT THE CARPORT CANNOT BE WITHIN X NUMBER OF FEET OF THE PROPERTY LINE, THEN THE DUE, THE DUE TO THE APPLICATION PROCESS MOVEMENT WOULD BE HAD TO BE MADE BY RECONSTRUCTING THE CARPORT. UM, WHETHER WE ARE NOT NEGOTIATING WITH THE APPLICANT AT THIS TIME ARE TRYING TO DETERMINE WHAT'S IN THE BEST INTEREST OF THE NEIGHBORHOOD AND THE CITY OF SAN ANTONIO. SO THAT'S WHAT WE'RE LOOKING AT AT THIS PARTICULAR TIME. WITH THIS PARTICULAR CARPORT. IT'S A UNIQUE CIRCUMSTANCE. VERY RARELY DO WE SEE CARPORT, UH, OR, OR A DRIVEWAY SET ALMOST WITHIN FIVE FEET WOULD BE ANOTHER DRIVEWAY. AND I GUESS THE QUESTION I WAS TRYING TO SEE IS, UH, DETERMINE THE HARDSHIP OF WHETHER THAT POST COULD BE MOVED IN ALL THE WAY TO THE, YOU KNOW, ONTO EITHER THE EXISTING SLAB OF THE DRIVEWAY OR RIGHT NEXT TO IT. AND IF THERE'S A HARDSHIP THERE, WHY THAT CAN'T BE THE CASE. OKAY. CITY CODE REQUIRES THAT ALL SUPPORTING POSTS FOR CONSTRUCTION, UH, ON, UH, FOR A STRUCTURE LIKE THIS, A CARPORT, THE POST MUST BE BURIED INTO THE GROUND SEPARATELY. AND, UH, WITH A FOUNDATION THAT'S APPROVED, UH, I DON'T BELIEVE JUDGING BY THE APPEARANCE OF THIS DRIVEWAY, THAT DRIVEWAY IS GOING TO BE APPROVED. SO REGARDLESS, THE POST, A HOLE WOULD'VE TO BE DUG THROUGH THE CONCRETE IN ORDER TO MOVE THE POST OVER. BUT AGAIN, IF WE, IF WE DECIDE TO LIMIT THE, THE WIDTH OF THE CARPORT, UH, THAT WOULD'VE TO BE DEALT WITH, UH, WITH CITY STAFF. THAT'S CORRECT. THE PERMIT WOULD'VE TO BE PULLED, UM, AND THEN INSPECTION, UH, DEPENDING UPON THE OUTCOME [00:30:01] OF TODAY'S CASE. THAT'S RIGHT. OKAY. THANK YOU. WHO HAD A QUESTION? ELLI? DOCTOR, GO AHEAD PLEASE. UM, AND I THINK THIS IS A FOLLOW UP TO MR. MANNAS QUESTION. IF THE, IF, IF THE POST WERE TO BE MOVED, WOULD THE APPLICANT UM, STILL BE ABLE TO MOVE TO PUT THEIR CAR IN? I GUESS ONE THING I WANNA KNOW IS WHAT'S THE WIDTH OF THE, OF THE CARPORT BETWEEN THE POST AS IT CURRENTLY STANDS, AND, UM, AND WOULD SHE BE ABLE TO USE A CARPORT IF THE POSTS WERE ACTUALLY MOVED INWARD ON THE SIDE FACING THE NEIGHBOR? CAN THE APPLICANT RESPOND TO THAT? YES, PLEASE HAVE THE, UH, INTERPRETER ASK THE QUESTION. SO CURRENTLY THE WIDTH OF THE, THE CARPORT IS 11 FEET, THREE INCHES OR 11 FEET, BASICALLY 11 FEET. THAT BEING SAID, THERE'S A LITTLE, YEAH, CURRENTLY IT'S 11 FEET BY 60 FEET, SO THERE'S A COUPLE OF INCHES, I MEAN, ULTIMATELY, OR A COUPLE OF FEET I SHOULD SAY. BUT, UM, THAT'S ENTIRELY, YOU KNOW, PART OF THE DISCUSSION TODAY. MM-HMM. . OKAY. TO FURTHER ANSWER YOUR QUESTION, DOCTOR, I BELIEVE FROM WHAT I'M SEEING FROM THAT, THE DRIVEWAY, UH, GARAGE DOOR THAT'S IMMEDIATELY BEHIND IT IS AN EIGHT FOOT WIDE GARAGE DOOR, WHICH WOULD LEAD ME TO ASSUME THAT THE DRIVEWAY ITSELF IS APPROXIMATELY NINE FEET WIDE. OKAY. AND THAT THE POSTS ARE SET, UH, WELL, JUDGING BY THE OVERHANG IN THE PHOTOGRAPH, THE POST ARE PROBABLY SET A LITTLE OVER 10 FEET APART. MM-HMM. . OKAY. THANK YOU. BUT AGAIN, ALL WE'RE GONNA MAKE A DECISION ON TODAY IS GOING TO BE HOW CLOSE SHE CAN GET TO HER PROPERTY LINE, FRONT AND SIDE. ANY FURTHER QUESTIONS? PER YES, MARIA, PLEASE. OKAY. UM, MAYBE I'M MISUNDERSTOOD, BUT I THOUGHT I HEARD THE APPLICANT SAY THAT THE POSTS WERE ALREADY THERE AND ALL THE CONTRACTOR DID WAS AT THE ROOF AND WHATEVER ELSE, BUT I THOUGHT THAT'S WHAT SHE SAID, THAT THE POSTS WERE ALREADY THERE, SO IT JUST SEEMED EASIER FOR HER TO MAKE THE CARPORT. RIGHT. BUT SHE DID, SHE DID IT WITHOUT A PERMIT. OKAY. THAT I, UNDER THAT, I MEAN, THE POSTS WERE ALREADY THERE, POSTS WERE ALREADY THERE, THERE'S NOTHING MUCH YOU CAN DO ABOUT IT, IS THERE? WELL, YOU COULD MOVE THE POST, BUT THAT, THAT'S IMMATERIAL. IF SHE WOULD'VE GONE IN TO THE CITY BOARD, UH, PERMITTING OFFICE, THEY WOULD'VE ADVISED HER THAT THE POSTS ARE ISSUED AND, UH, THEY WOULD'VE MADE THE RECOMMENDATIONS AT THAT TIME. NOW, WHAT'S HAPPENED IS THE CARPORT HAS BEEN BUILT AND SHE'S ASKING FOR FORGIVENESS AFTER THE FACT. AND IT, OUR, OUR DETERMINATION IS, ARE WE WILLING TO GIVE THE FORGIVENESS AND, UH, RE ALLOW A VARIANCE OF, UH, THREE FEET, UH, SEVEN INCHES TO THE SIDE AND FOUR FEET FROM THE FRONT TO THE FRONT PROPERTY LINE? OKAY, I GOT IT. THANK YOU. MANNA. HELLO? WHO SAID THAT? MR. MANNA? MR. MANNA, GO AHEAD. YEAH, SO ON GOOGLE MAPS, IT SHOWS A PICTURE FROM MARCH, UH, 2019, AND IT'S PRIOR TO THE CARPORT BEING BUILT, AND THERE ARE NO POLES THAT EXIST AT THAT TIME. UM, SO, SO THE POLES ARE, UH, WERE BUILT, UH, POST MARCH, 2019. OKAY. UH, I'M GONNA EXPLAIN SOMETHING, UH, UH, THAT MAY, SOME OF YOU MAY NOT HAVE THE OPPORTUNITY TO, TO UNDERSTAND THE LANGUAGE THAT SHE'S SPEAKING, BUT SHE WAS REFERENCING ACTUALLY THE CONCRETE, ALTHOUGH SHE CALLED IT FLOOR, AND THE INTERPRETER SAID FLOOR AS WELL. OKAY. UH, SHE WAS REFERENCING THE CONCRETE, SHE WASN'T REFERENCING ANY CONSTRUCTION THAT I HEARD. NOW, IF THE INTERPRETER CAN MAKE A CORRECTION FOR, FOR MY, UH, MISINTERPRETATION, THAT'D BE FINE. I, THIS IS THE INTERPRETER I JUST SPOKE WITH, UH, MS. SVIA TORRES, AND YES, SHE WAS REFERRING TO THE CEMENT PART, NOT THE POST. EXACTLY. THANK YOU. OKAY. DOES THAT ANSWER YOUR QUESTION TO YES. THANK YOU. AND THAT SHOULD ANSWER, UH, MARIA'S QUESTION AS WELL. YES, SIR, IT DOES. OKAY. SO WE ARE LOOKING AT A PHOTOGRAPH NOW. I BELIEVE IT'S DATED MARCH OF 2019. SO THERE WAS NOTHING THERE, UH, IN REGARDS TO A CARPORT. AND YOU CAN SEE HOW CLOSE TOGETHER EACH DRIVEWAY IS TO, UH, THE NEIGHBOR AS WELL. [00:35:02] AGAIN, OUR ISSUE THAT WE'RE ONLY GONNA BE DEALING WITH IS HOW, HOW CLOSE THE CARPORT CAN BE TO THE PROPERTY LINE SIDE AND HOW CLOSE IT CAN BE TO THE FRONT STREET. SO, UH, DO WE HAVE ANY QUESTIONS REGARDING THOSE ISSUES? OKAY. AND THAT BEING THE CASE, I'M GONNA GO AHEAD AND CLOSE THIS ME, UH, THIS PORTION OF THE MEETING TO THE PUBLIC, AND I'M ENTERTAINING A MOTION FROM THE BOARD, UH, ON THIS CASE NUMBER 0 3 2 ORIAN. I'LL MAKE THE MOTION. THANK YOU. REGARDING CASE NUMBER BO O A DASH 20 DASH OH 3 0 0 0 3 2. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE REQUEST FOR ONE A SIX FOOT VARIANCE AND REQUIRED 10 FOOT FRONT SETBACK, WHERE A CAR REPORT TO BE FOUR FOOT AWAY FROM THE FRONT PROPERTY LINE TO A THREE FOOT SEVEN INCH VARIANCE FROM THE FIVE FOOT REQUIRED SIDE STEP BACK FOR A CARPORT TO BE ONE FOOT FIVE INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 1002 SOUTH PINE STREET, APPLICANT BEING SYLVIA TORRES CASTANEDA, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC INSTANCE. THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE CARPORT HAS BEEN IN PLACE WITH NO COMPLAINTS FROM THE NEIGHBORING PROPERTIES AND PROPER MITIGATION OF STORMWATERS BEING UTILIZED. THE STRUCTURE PROVIDES ROOM FOR MAINTENANCE AND WILL NOT CREATE WATER RUNOFF TO ADJACENT PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. LITERAL ENFORCEMENT OF THE ORDINANCE RESULT IN THE APPLICANT REMOVING THE CARPORT FROM THE SIDE AND FRONT SETBACK. THIS WILL RESULT IN UNNECESSARY FINANCIAL HARDSHIP. THREE, BY GRANTED THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. GRANTING THE VARIANCE REQUESTS WILL RESULT IN SUBSTANTIAL JUSTICE AS A REQUESTED SET ACCESS, STILL PROVIDE FOR A SAFE DEVELOPMENT PATTERN. THE REQUEST PROVIDES FAIR AND EQUAL ACCESS TO LIGHT, AIR AND ADEQUATE FIRE SEPARATION. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOLVED IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. IF THE REQUESTED VARIANCES ARE APPROVED, THE ATTACHED STRUCTURE WILL NOT ALTER THE CHARACTER OF THE DISTRICT. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR ITS VARIANCES SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS AND IS NOT FINANCIAL IN NATURE DUE TO LAYOUT OF THE EXISTING DRIVEWAY, LIMITED SIZE OF THE LOT, ESTABLISHING THE PROPERTY WOULD NEED APPROVAL DUE TO LIMITED AMOUNT OF SPACE WITHIN THE SIDE PROPERTY. END OF MOTION. THANK YOU VERY MUCH MR. ORIAN. UH, JUST TO RECAP WHAT YOU SAID, YOU BASICALLY READ AS THE APPLICANT REQUESTED? YES. VERY GOOD. I'LL HAVE A SECOND ON THAT. MOTION TEAL. SECOND MR. TEAL. THANK YOU. MR. ORIAN, COULD YOU START THE DISCUSSION? SURE. UM, YOU KNOW, I'M NOT A FAN OF, OF, OF TWO THINGS. CARPORT'S BEING TOO CLOSE TO THE SITE, PROPERTY LINE AND, AND DRAINAGE BEING, UH, UH, MITIGATED TO THE NEIGHBORING PROPERTY. HOWEVER, UH, IN THIS PARTICULAR CASE, UH, THE NEIGHBOR, UH, HAS THIS DOCUMENTED APPROVAL OF THIS. THEY OBVIOUSLY KNOW WHAT IS DONE. UM, IT'S, IT'S, UH, IT'S ALL CONCRETE BETWEEN ON THE NEIGHBOR'S PROPERTY AND WITH THE TWO CAR DRIVEWAY. ALTHOUGH THEY MAY NOT BE ABLE TO HAVE A TWO CAR CARPORT, THEY COULD STILL DO A SINGLE CARPORT NEXT TO THE HOUSE, BUT IT'S NOT, UH, COMPLETELY, UH, DAMNING TO THEM. UH, I THINK IN THIS PARTICULAR CASE, SINCE SHE'S POTENTIALLY TRYING TO PARK THREE VEHICLES AND IT'S 60 FEET LONG AND IT'S STILL, AND SHE CAN DO SO WITHOUT CONTRASTING WITH THE PUBLIC SIDEWALK, UH, I'M, I'M OPEN TO ACCEPTING THIS, SO I'LL BE VOTING TO VERY GOOD. OKAY. MR. TEAL, COULD YOU ELABORATE? UH, YES, SIR. UM, I'M IN AGREEMENT WITH MY COLLEAGUE. I THINK THAT THERE, THERE'S MORE THAN ENOUGH DISTANCE BETWEEN THE TWO PROPERTIES TO MITIGATE, UH, THE FIRE HAZARD. ALSO, SHE'LL HAVE TO COMPLY WITH, UH, ANY OF THE, THE CITY CODES RELATIVE TO, YOU KNOW, FIRE. UM, SO FOR THAT REASON, I, I DON'T SEE AN ISSUE WITH THIS. OKAY. GOOD. DOES ANYONE ELSE HAVE A MANANA? MR. MANNA? OKAY. MR. MANNA? [00:40:01] YES. SO I, UM, REGARDLESS OF HOW THIS DOES MOVE FORWARD, YEAH, I WOULD, UH, SUGGEST TO THE APPLICANT THAT THEY NOT FORWARD THIS, UH, CONSTRUCTION PROCESS FORWARD, UH, SIMPLY BECAUSE, UH, HE DIDN'T COMPLY WITH ANY OF THE ZONING REQUIREMENTS AND OR PERMIT. AND SO IT WOULDN'T BE VERY GOOD FOR ANY OF THEIR OTHER NEIGHBORS TO KIND OF HEAD DOWN THIS PATH AS WELL. SO, ANYWAYS, THANK YOU. ALRIGHT. ANYONE ELSE? OKAY. MENCHACA MACHACA. MR. MANCHACA? YES, SIR. UH, I DO NOT SUPPORT THE MOTION OR THE REASONS GIVEN IT, IT'S REALLY WAY OVER, UH, THE CODE IN SO MANY WAYS AND DOESN'T PRESENT ANY KIND OF VALIDITY SO FAR THAT, UH, THINGS WILL BE BETTER IN THE FUTURE, ESPECIALLY FOR THE NEIGHBORS. WE'RE OVERLOOKING THAT TOO MUCH FOR THE ACCOMMODATION OF VEHICLES. THAT'S IT. I UNDERSTAND. THANK YOU VERY MUCH. ANYONE ELSE HAVE SOME INPUT ON THAT? OKAY, MR. UNA? WELL, I, WELL, I RESPECT THAT FOR MY COLLEAGUE. I ALSO RE RESPECT THE HARDSHIP THAT THIS WOULD REPLACE ON THE APPLICANT. AND SHE'S TRYING TO PROTECT HER CARS AND SHE DID, UH, WELL, FINANCIAL WAS NOT A REASON FOR THE VARIANCE REQUEST THAT WOULD PRESENT A, A VERY BIG BURDEN, HARDSHIP ON THE APPLICANT IF, IF THE VARIANCE WERE, WERE NOT APPROVED AND, AND FOR THAT AND OTHER REASONS, UM, I'M SUPPORTING THE MOTION. OKAY. IS THAT THE END OF THE, UH, DISCUSSION HERE OR WE HAVE ANY MORE INPUT? VERY GOOD. AND I'M GOING TO REQUEST THAT, UH, WE TAKE A ROLL CALL VOTE. ALRIGHT. MOTION IS TO APPROVE, UH, DR. TERELLI, UM, I CONCUR WITH THE FINDINGS OF FACT, MR. MENCHACA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MOMA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACTS. MR. OZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. GO AHEAD. MR. DID YOU HEAR ME? I DO NOT CONCUR. MR. DELMER? I CONCUR. CHAIR MARTINEZ. I DO NOT CONCUR THE MOTION. WE HAVE A, UH, WE HAVE AN OPPORTUNITY HERE TO REQUEST A, UH, A NEW MOTION. DO WE HAVE ANY ON MAKING A MOTION ON SUCH SUCH A CASE? WE CAN ALL OFFER AN ALTERNATIVE MOTION, UH, REMINDER. CAN I OFFER ONE? WE NEED A MOTION. JUST, JUST A REMINDER, BEFORE WE MAKE A NEW MOTION, WE NEED A MOTION TO RECONSIDER BY SOMEONE WHO VOTED AGAINST THE MOTION. YES. BUT FIRST I WANNA FIND OUT THERE IS ONE. AND IF SO, WE WILL REQUEST A MOTION FOR RECONSIDERATION. SO, DOES ANYONE HAVE ANY REASON WHY WE SHOULD REQUEST FOR A MOTION FOR RECONSIDERATION? UH, CHAIR, I'D LIKE TO, I'D LIKE TO ADD, UM, THAT FOR THOSE WHO VOTED, UH, AGAINST IT, THAT HAVE THE POTENTIAL TO MAKE, UH, A MOTION TO RECONSIDER THAT, UH, ANY CARPORT THAT SHE PUTS IN IS GOING TO BE WITHIN FIVE FEET OF THE ABUTTING PROPERTY LINE. UH, SO I MEAN, I, I THINK THAT GIVING SOME CONSIDERATION WOULD BE, UH, GOOD. YES, THAT'S TRUE. HOWEVER, THERE IS, WE CAN RESTRICT THE, UH, UH, THE DISTANCE FROM THE PROPERTY LINE TO THE CARPORT. ALTHOUGH, UM, AND RE NOW RECONSIDER THIS POINT HERE, AND THIS IS VERY IMPORTANT. THIS IS NOT COMPLIANT. THIS, THIS STRUCTURE IS NOT ANYWHERE CLOSE TO BEING COMPLIANT WITH FIRE STANDARDS IN ORDER TO, UH, IN ORDER TO COMPLY. A LOT OF WORK IS GONNA HAVE TO BE DONE TO UPDATE THIS STRUCTURE AND IT, BUT IT CAN BE SALVAGED. AND THAT IS THE REASON WHY I, I BRING UP THE POST, UM, UH, THE IDEA THAT WE CAN RECONSIDER THIS CASE. MAYBE WE ALTER THE DISTANCE SINCE THAT, THAT WILL HAVE TO BE DEALT WITH ANYWAY AND GIVE HER THE OPPORTUNITY TO HAVING, UH, SOME CARPORT. SO DO I HAVE A, A MOTION FOR RECONSIDERATION? BRAGMAN, MS. BRAGMAN? UM, I MOVE THAT WE RECONSIDER. OKAY. DO I HAVE A SECOND ON THAT? SECOND FISHER? ALL RIGHT, THAT'S ARLENE. OKAY, FISHER. ALL RIGHT, LET'S TAKE A ROLL CALL. VOTE ON A, ON A MOTION TO RECONSIDER DR. ELLI. UM, [00:45:01] YES, MR. MENCHACA? NO, I DO NOT CONCUR. MS. CRUZ? YES. MR. TEAL? YES. MR. MANA? YES. MR. ORIAN? MR. ORIAN, CAN YOU TURN YOUR MIC ON? UH, YES. OKAY. MS. UH, MS. RACKMAN? YES. MR. OZUNA? YES. MS. FISHER. ARLENE, GO AHEAD. MS. FISHER? YES. OKAY. MR. DELMER? YES. AND CHAIR MARTINEZ? YES. ALL RIGHT. SO WE HAVE, UH, WE HAVE A, UH, RECONSIDERATION VOTE HERE. NOW, WE MUST BE, I BELIEVE THE MOTION MUST BE MADE FROM THE, UH, UH, PREVAILING SIDE, WHICH MEANS THE MOTION MUST BE MADE BY SOMEONE WHO VOTED AGAINST THE PREVIOUS, UH, CASE O ONLY THE MO ONLY THE MOTION TO RECONSIDER NEEDS TO BE FROM THE PREVAILING SIDE. NOW, ANYONE CAN MAKE A NEW MOTION. UH, WELL, IN THAT CASE, I, OKAY, FINE. I BELIEVE THAT SHE DID MAKE A MOTION. UH, I MEAN, SHE DID VOTE NEGATIVE ON THAT PARTICULAR CASE. SO WE ARE IN COMPLIANCE. SO LET'S, LET'S START A, A NEW DISCUSSION ON THIS THICKER CASE. UM, OR DO I HAVE A NEW MOTION THAT WILL GIVE ME DIFFERENT GUIDELINES TO WHAT WE REVIEWED BEFORE ORIAN MR. ORIAN? SURE. UH, DO I HAVE TO READ THE WHOLE THING AGAIN OR CAN I JUST READ, JUST READ THE SPECIFIC CHANGES REFERRED TO YOUR EARLIER DISCUSSION? UH, THE SPECIFIC CHANGES IN MY PREVIOUS, UH, UH, MOTION ARE THAT, UH, INSTEAD OF A SIX FOOT VARIANCE FROM THE REQUIRED 10 FOOT FRONT SETBACK, UH, I'M REMOVING THAT IN ITS ENTIRETY. AND THAT'S, UH, IT OKAY. AND YOU'RE GONNA LEAVE THE SIDE REQUEST THE SAME? UH, UH, YES, I DO AT THIS POINT, AND I'M COMPLETELY OPEN TO ANY SUGGESTIONS FROM MY COLLEAGUES. OKAY. WE HAVE HAVE A MOTION TO, UH, TO ALLOW A VARIANCE FOR THE SIDE AS REQUESTED BY THE APPLICANT. UH, MR. UM, IAN HAS DROPPED THE, THE FRONT SETBACK VARIANCE REQUEST. UH, DO WE HAVE A SECOND OR, OR DO WE HAVE AN MEN, UH, FRIENDLY AMENDMENT TO THIS? THE SECOND, OZUNA SECOND. OKAY. I HAVE MR. OZUNA AS THE SECOND FIRST. OKAY. ALL RIGHT. NOW LET'S, LET'S HAVE A DISCUSSION ON THIS NEW MOTION. NOW, AS I READ THE MOTION BEFORE, ALL HE HAS DONE IS DROP THE FRONT SETBACK, UH, VARIANCE, WHICH WOULD MEAN IN THIS PARTICULAR CASE, THE CARDBOARD WOULD'VE TO BE REDUCED INSIDE IN LENGTH. I, UH, SIX, IN ORDER TO COMPLY WITH THE 10 FOOT SETBACK, HE IS LEAVING THE ENTIRE SIDE SETBACK ISSUE, UH, WITH THE REQUEST TO ALLOW, UH, ONE FOOT FIVE INCHES CLEARANCE FROM THE, UH, CARPORT TO THE SIDE PROPERTY LINE. SO LET'S HAVE A DISCUSSION ON THAT. UH, MR. DORIAN, CAN YOU KIND OF EXPLAIN JUST YOUR POSITION ON THAT? Y YES. UM, AS WE WENT THROUGH THE PREVIOUS MOTION, I GOT THE IMPRESSION THAT THE, THE, THE MAIN ISSUE WAS THE, UH, FRONT SETBACK. UM, I KNOW THAT THERE WAS, UH, SOME COMMENTARY ABOUT THE POTENTIAL TO MOVE THE POLES OVER, BUT, UH, I DON'T KNOW IF, UM, IF DOING SO WOULD, WOULD INCREASE ENOUGH OF THE SIDE SETBACK TO, TO REALLY CHANGE WHAT WAS BEING REQUESTED. SO, I I'M, I, I'M JUST PUTTING IT OUT THERE, THAT, TO KEEP THE, THE THREE FOOT SEVEN INCH VARIANCE FROM THE SIDE, YOU KNOW, UNLESS SOMEBODY IS AGAINST IT. SO, ALRIGHT. UH, MISS, UH, LET'S SEE. I BELIEVE THAT WAS MR. OZUNA. YOU MADE THE, UH, RIGHT. SO, AND MY, MY, UH, RATIONALE HERE IS THAT IT'D BE A LESS OF A, OF A FINANCIAL BURDEN FROM THE APPLICANT TO, UH, BASICALLY, UH, CARVE BACK THE, UH, THE CARPORT THAN HAVING TO MOVE AND SHIFT THE POLLS OVER. UM, WE SAW FROM TESTIMONY THAT THE NEIGHBOR MOST IMPACTED FROM THE, UH, CARPORT IS AN APPROVAL OF THE APPLICANT VARI VARIANCE. AND SO THEREFORE, I, I THINK, YOU KNOW, AS, AS A CONSIDERATION [00:50:01] FOR THE, UH, FOR THOSE WHO VOTED AGAINST IT, THIS IS TO ME IS, IS A, UH, IS A GOOD REASONABLE, UH, UH, ME MEDIUM, HAPPY MEDIUM FROM THE TWO SIDES TO ALLOW THE APPLICANT TO HAVE THE CARPORT FOR THE REASON SHE STATED WITH THE LEAST FINANCIAL BURDEN, UM, IMPOSED UPON HER. VERY GOOD. ANYONE ELSE HAVE SOME INPUT INTO THIS PARTICULAR ISSUE AND THAT BRAGMAN AND MS. BRAGMAN? YES. DID, DID THE APPLICANT COMMIT TO PUTTING GUTTERS ON THE CARPORT? MM-HMM. ? WELL, SHE STATES SAID, SHE SAID THAT SHE WOULD ACCEPT ANY RECOMMENDATION FROM THE BOARD AS, BUT AS I STIPULATED BEFORE, WE CANNOT MAKE CONTINGENCY ON OUR, OUR APPROVAL, AND THEREFORE IT WOULD HAVE TO BE STILL APPROVED BY THE, UH, THE PERMIT OFFICE. UH, HOPEFULLY THAT WOULD BE TAKEN IN CONSIDERATION THERE. BUT AGAIN, LIKE I SAID, WE, UH, WE CAN, WE CAN SAY THAT WE WILL, UH, ACCEPT HER, HER RE HER, UH, INTENT TO PUT THE CAR, UH, THE, UH, GUTTER ON, BUT WE CAN'T FORCE IT TO. OKAY. THANK YOU, MS. DO? YES, I I WANTED TO SAY THAT WHEN THE TESTIMONY WAS FIRST EXPRESSED BY THE APPLICANT, I REALLY THOUGHT I HEARD HER SAY THAT SHE WAS GOING TO PUT CAR, UH, GUTTERS IN. THAT'S WHY I ASKED A QUESTION. AND THEN SHE RESPONDED TO MY QUESTION. SHE SAID THAT SHE WAS ASKING US TO, FOR A RECOMMENDATION. SO I, UM, I JUST WANTED TO PUT THAT OUT THERE. I WAS, I WAS A LITTLE CONFUSED AT THE BEGINNING. SHE'D BE REQUIRED. THIS IS ZEKE. YEAH. SHE'D BE REQUIRED TO PLACE THE, UH, THE GUTTERS ANYWAY, TO AVOID ANY DRAINAGE ONTO THE NEIGHBORING LOT. CODE, CODE PROHIBITS ANY DRAINAGE ONTO THE NEIGHBORING LOT FROM A CARPORT. RIGHT. THAT'S WHY I STATED IT THE WAY I DID. UH, AND AS MUCH AS THAT THE PERMITTING PROCESS SHOULD DEAL WITH THIS, UM, AND, UH, AGAIN, WE CANNOT MAKE A CONTINGENCY ON OUR APPROVAL. UM, WHAT WE'RE DOING IS BASICALLY SETTING THE DISTANCE. SO WE'RE, IF LET'S SAY YOU WANTED TO SAY THAT, NOW YOU TAKE THIS IN CONSIDERATION. IF YOU DON'T WANT HER TO HAVE ANTI ANY ADDITIONAL EXPENSE ON THAT SIDE, THEN YOU'D HAVE TO ADD FOUR TO FIVE INCHES FOR THE GUTTER, WHICH MEANS THAT YOU'RE NOW ALLOWING A VARIANCE FOR ONE, MEAN FOR, UH, A VARIANCE OF FOUR FEET FROM THE FIVE SET FOOT SETBACK, ALLOWING THE CARPORT TO BE NO CLOSER TO ONE FOOT FROM THE PROPERTY LINE THAT WOULD ALLOW HER TO PUT A GUTTER WITHOUT ALTERING THE, UH, SIZE OF THE CARPORT THAT SHE'S BUILT. UH, I I'M OPEN TO, I DISAGREE TO, WELL, I'M JUST STATING THAT, UH, THIS IS PART OF THE PROCESS. WE'RE SETTING THE DISTANCE, THE DISTANCE, EXCUSE ME, MS. FISHER. YES. I'VE GOT A, UH, I STILL HAVE A QUESTION ABOUT THE NEIGHBORING PROPERTY OWNER ESSENTIALLY GIVING UP PROPERTY RIGHTS FOR THAT PROPERTY, UM, INTO PERPETUITY OF NOT BEING ABLE TO BUILD A CARPORT. I THINK THAT THAT CONCERNS ME. I DON'T KNOW IF IT CONCERNS ANYBODY ELSE. UH, 'CAUSE I DON'T KNOW WHETHER HE'S FULLY AWARE THAT, THAT, THAT HE COULD NOT DO THAT AT ANY POINT IN TIME OR, WELL, ACTUALLY, I THINK MR. IAN ADDRESSED THAT. HE, WHEN HE MENTIONED THAT THE NEIGHBOR WOULD BE ALLOWED TO BUILD A SINGLE CAR PORT ON THE SIDE, BUT HE WOULD NEVER BE ABLE TO APPROACH THE, UH, VARIANCE THAT, UH, UH, THIS APPLICANT IS REQUESTING BECAUSE IT WOULD BE A FIRE ISSUE NCO. DOES THAT ANSWER THAT? NO, THE ISSUE REALLY IS HERE IS THAT WE'RE, WE'RE NOT JUST A, WE'RE SETTING A DISTANCE. THERE'S GOING TO HAVE TO BE SOME CONSTRUCTION ON THIS CARPORT, REGARDLESS, EVEN IF WE, EVEN IF SHE WANTS TO COMPLY WITH THE, WHAT SHE'S REQUESTING, SHE'S GOING TO SPEND A WHOLE LOT MONEY TO MAKE A FIREPROOF. THAT'S NOT GONNA HAPPEN. AND AGAIN, UH, WHAT WE'RE DOING IS WE'RE JUST SETTING THE DISTANCE AT THIS PARTICULAR TIME. IF YOU BELIEVE THAT LEAVING THE SIDE AS CLOSE AS IT IS TO THE, TO THE, TO THE PROPERTY LINE IS SUFFICIENT, THEN YOU SHOULD VOTE IN A, IN, UH, TO APPROVE THIS PARTICULAR REQUEST FOR A VARIANCE. IF YOU BELIEVE THAT IT'S [00:55:01] JUST, IT JUST, IT'S PUSHING THE ENVELOPE TOO MUCH OR LIVING THE NEIGHBOR, OR THAT IT, IT IS NOT IN THE BEST INTEREST OF THE COMMUNITY OR THE CITY OF SAN ANTONIO, THEN YOU SHOULD VOTE AGAINST IT. SO IT, IT'S, NOW IT'S A MATTER OF WHETHER WE'RE GOING TO ACCEPT THE MOTION THAT HAS BEEN PRESENTED. UH, IT HAS BEEN SECONDED AND THERE HAS BEEN NO MOTIONS FOR AMENDMENTS OF ANY SORT ON THIS THING. SO, UM, AND, AND, AND WE, NO ONE HAS BROUGHT THIS UP IN THE, IN THE DISCUSSION DURING THE DISCUSSION. UM, SO I'M GIVING ONE LAST TRY TO GET IN A CLARIFICATION ON THIS. IF YOU FEEL THAT, THAT THIS SHOULD GO AHEAD AND TAKE A VOTE NOW, I'LL PROCEED IN REQUESTING A VOTE. BRAMAN MS. BRAGMAN. UM, SO IF, UM, IF SHE'S REQUIRED BY, UH, CODE TO PUT GUTTERS ON THE CARPORT, WILL SHE HAVE TO COME BACK AND ASK FOR A NEW VARIANCE FOR THE SIDE SET BLOCK? NO, WE WON'T. OKAY. MANNA, MR. MANNA. SO, UM, YOU KNOW, HISTORICALLY WHEN COME IN, WE'VE KIND OF, UM, ALLOWED FOR A VARIANCE OF, UH, THREE FOOT, I WON'T SAY A STANDARD, BUT, YOU KNOW, WE HAVE LOTS OF DIALOGUE ABOUT THE THREE FOOT VARIANCE, OR I'M SORRY, TWO FOOT VARIANCE ALLOWED FOR THE PROPERTY OR THE, THE STRUCTURE TO BE THREE FOOT AWAY FROM THE PROPERTY LINE. AND SO QUESTION WOULD BE, UM, IS TWO AND A HALF FOOT A VIABLE OPTION SO THAT BOTH PROPERTIES HAVE TWO AND A HALF FOOT, THEY SPLIT THE DIFFERENCE, THEY STILL HAVE THE FIVE FOOT SEPARATION. UM, IS, IS THAT, UH, A VIABLE OPTION FOR, UM, UM, BOTH PEOPLE, YOU KNOW, BOTH, UH, BOTH TENANTS? SO THERE'S TWO AND A HALF WORK, OR DOES IT HAVE TO BE THREE TO BE MORE COMPLIANCE WITH THE FIRE CODE? MR. MANA, THIS IS ZEKE. ULTIMATELY, IF YOU'RE GONNA GO THAT ROUTE, THE NEIGHBOR AND THE NEIGHBOR CHOSE TO HAVE A CARPORT TWO AND HALF FEET. THEY'D BE BACK AT THE BOARD AS WELL. AND WE'D HAVE TO LOOK AT THAT CASE INDIVIDUALLY. SO THERE'S NEVER A GUARANTEE, ESPECIALLY WITH THE MAKEUP OF THE BOARD AND DETERMINATIONS AT THAT TIME. BUT ULTIMATELY, ANYTHING LESS THAN FIVE FEET, THEY WILL BE BACK AT THE BOARD. ANYWAY, I'M GOING BACK TO THE, TO THE PERMANENT, UM, WE'LL SAY, UH, GRANTING OF THIS INFRINGEMENT ON NEIGHBOR'S PROPERTY, WHERE, YOU KNOW, IN THE PAST WE HAVE LOOKED AT AND GIVEN GRANTS FOR LIKE THREE FOOT. UM, YOU KNOW, AND SO, SO THAT SAID, YOU KNOW, A POSSIBLE SOLUTION, YOU KNOW, IN THE FUTURE COULD BE THE DIALOGUE OF THREE FOOT, A SIMILAR, SIMILAR SITUATION. AND, AND SO JUST CALLING OUT THAT, YOU KNOW, THE SEEMS PRETTY CLOSE TO THE SIDE, AND I WOULD LOOK FOR A FRIENDLY AMENDMENT THAT WOULD MOVE IT IN, UM, YOU KNOW, TO THAT DISTANCE. UM, YOU KNOW, IF THAT WAS OFFERED. WELL, YOU, YOU HAVE, YOU ARE ENTITLED TO MAKE A, A MOTION, YOU'RE FRIENDLY, AN AUTO ALTERNATE MOTION. YEAH. SO THEN I WOULD, SO I WOULD LIKE TO ADD A FRIENDLY, UH, UM, I GUESS MOTION TO NUMBER TWO. SO TO ALLOW A, UM, TWO FOOT VARIANCE FROM THE FIVE FOOT SIDE SETBACK, UH, SO THAT IT WOULD BE THREE FOOT AWAY FROM THE SIDE PROPERTY LINE. OKAY. ACTUALLY, WHAT YOU'RE DOING IS YOU'RE OFFERING AN AMENDMENT TO THE MOTION. OKAY. SO CAN I DO THAT? SO YOU'RE OFFERING AN AMENDMENT TO THE MOTION TO RESTRICT THE VARIANCE TO NO, NO MORE THAN HOW MANY FEET? TWO FEET. OKAY. ALLOW TWO FEET FROM THE PROPERTY LINE. SO THE VARIANCE WOULD BE THREE FEET, NO, THE OTHER WAY AROUND. SO ALLOW FOR A, UH, TWO FOOT VARIANCE, OR SORRY, THREE FOOT VARIANCE TO ALLOW THE, UH, SO THAT ALLOW FOR A THREE FOOT SETBACK. I THINK YOU, YOU HAD IT MIXED UP FROM YOUR FIRST CONVERSATION, SIR, YOU WERE SAYING THE TWO FOOT VARIANCE FROM THE FIVE FOOT TO ALLOW THE CARPORT TO BE THREE FEET FROM SIDE YARD. THERE YOU GO. IS THAT WHAT YOU ATTENDED? OKAY. YES. ALRIGHT. WE HAVE A, WE HAVE A, A MOTION TO AMEND THE, THE ORIGINAL MOTION, UH, THAT REQUIRES A VOTE OF THE BOARD. NO, YOU JUST NEED TO KNOW IF THE MAIN MOTION, UH, THE PERSON WHO MADE THE MAIN MOTION ACCEPTS THE FRIENDLY AMENDMENT. OKAY. IF THIS IS A FRIEND FRIENDLY AMENDMENT, THEN WE WOULD NEED TO, AND THAT MOTION WAS MADE BY, UH, ORIAN. THAT'S CORRECT. SECONDED BY MR. UNA, RIGHT? YES. I MEAN, I, I, BOTH OF YOU WOULD HAVE TO ACCEPT THIS, AND I'LL TAKE THIS IN CONSIDERATION IF THIS MEANS THAT THE, THAT SHE GETS A VARIANCE OR NOT. OKAY. YEAH. I'M, I'M NOT OPPOSED TO THAT. I, I WOULD BE INTERESTED TO KNOW THAT IF, IF, IF, COULD SHE SLICE OFF, UH, THE OVERHANG DOWN TO THE POST AND STILL COMPLY WITH THE THREE-FOOT SETBACK? MM-HMM. ? WELL, THAT'S GONNA BE PRETTY CLOSE, BUT WE'LL LEAVE THAT UP TO THE, UH, PERMITTING OFFICE. YES. SHE'S STILL GONNA HAVE TO DEAL WITH THE FACT THAT THOSE POSTS ARE NOT FIRE RATED. [01:00:01] OKAY. I, I MEAN, I'M, I'M NOT OPPOSED TO IT. ALL RIGHT. NOW, MR. LAUNA, I BELIEVE YOU SECONDED THIS. DO YOU AGREE? YEAH, SO I, I WOULD NOT ONLY BECAUSE OF THE, UH, FINANCIAL HARDSHIP THAT THAT WOULD, UH, I MEAN, YOU MIGHT AS WELL, UH, NOT HAVE ANY SIDE VARIANCE BECAUSE IT'S STILL, UH, YOU KNOW, SHE'D HAVE TO MOVE THOSE POSTS IN MY, IN MY, UH, INTERPRETATION OF THE SITE PLAN. SO, WELL THEN LET'S, LET'S TAKE IT TO A VOTE AND SEE HOW, UH, SEE HOW IT GOES. I MEAN, WELL, HERE'S THE PROBLEM. OKAY? YEAH. WE HAVE A FRIENDLY AMENDMENT THAT THE ORIGINAL MOTION PERSON HAS ACCEPTED, BUT SECOND, UH, DID NOT. AND I'M GONNA ASK FOR A RULING FROM THE ATTORNEY ON THIS. DOES THAT MEAN THAT, UH, THE AMENDMENT OR FRIENDLY AMENDMENT IS DEAD? NO, IT'S NOT. SO WHAT IT IS IS JUST A NEW MOTION. WE CAN, UH, TAKE A VOTE ON THIS NEW MOTION IF IT PASSES WITH THE NINE VOTES, THAT IT BECOMES THE NEW MAIN MOTION. OKAY. SO WE'RE GOING BACK TO THE ROLL CALL VOTE YES. SO ROLL CALL, VOTE ON THE, UH, MOTION MADE BY MR. MANA. ALRIGHT, BUT I NEED A SECOND FOR HIM. DO I NOT? I'LL SECOND, I THINK. YES, MR. CAN BE THE SECOND. YES. SO WE'RE GONNA MAKE THE MOTION, UH, FOR MR. NANA WITH A SECOND FOR MR. ORIAN TO ACCEPT THE FRIENDLY AMENDMENT. DOES EVERYONE UNDERSTAND THAT? OKAY. SO LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE ON THE AMENDMENT. OKAY, DR. ELLI? NO, I DO NOT SUPPORT THE FRIENDLY AMENDMENT. MR. MENCHACA. NO, I DO NOT SUPPORT THE FRIENDLY AMENDMENT. MS. CRUZ? UH, YES, I CONCUR. MR. TEAL? YES, I SUPPORT IT. MR. MANA? YES. MR. ORIAN? YES. MS. BRAGMAN? YES. MR. OZUNA? NO, I DO NOT SUPPORT MOTION. MS. FISHER? YES, I SUPPORT IT. MR. DELMER? NO, I DO NOT. AND CHAIR MARTINEZ. OKAY. I SUPPORT THE, UH, AMENDMENT, HOWEVER, I MEAN, THAT HAS TO JUST PASS BY A MAJORITY, CORRECT? IT NEEDS NINE VOTES TO PASS. SO WE'RE BACK AT THE ORIGINAL MAIN MOTION. ALL RIGHT. ALRIGHT, WELL, LET ME, I'M GONNA POINT SOMETHING OUT TO PEOPLE HERE BECAUSE THIS IS WHAT WE'RE TALKING ABOUT. NOW, IF WE'RE, IF YOU HAVE ANY PLANS AT ALL TO HAVE ANY TYPE OF VARIANCE, THERE'S GONNA HAVE TO BE SOME SORT OF COMPROMISE HERE, BECAUSE AT, AT MY CALCULATIONS, THERE'S NO WAY THE ORIGINAL VARIANCE IS GONNA PASS. AND, UH, AND THE ORIGINAL GONNA PASS. IF THAT'S THE CASE, IF IT DOES NOT PASS, THIS CARPORT WILL HAVE TO COME DOWN. REGARDLESS OF WHAT WE, OUR INTENTIONS ARE, THIS IS WHAT WOULD BE, IT WOULD FALL BACK UPON THE ORIGINAL CODES. OKAY? AND THE ORIGINAL CODES ARE FIVE FOOT SIDE SETBACK, AND THIS CARPORT DOES NOT COMPLY. SO ONE WOULD NEED TO TAKE AN ASSUMPTION HERE THAT, THAT, THAT IS PROBABLY WHAT, WHAT'S THE, UH, OVERALL GONNA BE ON THIS PARTICULAR CASE, UNLESS WE MAKE SOME COMPROMISES HERE AND COME UP WITH A PLAN THAT COULD BE ACCEPTABLE TO NINE, AT LEAST NINE VOTERS ON THE BOARD. UH, ORIAN? YEAH, ORIAN, I WANTED TO, I WANTED TO CHIME IN THAT, YOU KNOW, I, I JUST WANNA MAKE SURE I'M NOT OPPOSED TO THE CARPORT BEING THERE. I THINK THERE'S GOING TO HAVE TO BE SOME KIND OF A VARIANCE, BUT I WOULD LIKE TO POINT OUT THAT THE NEIGHBOR AND THE RESIDENT HAVE, UH, A UNIQUE CONDITION WHERE THEY, THEY HAVE A SHARED DRIVEWAY APRON. SO THE APRON STARTS ON ONE NEIGHBOR'S AND, AND CONTINUES THROUGH THE OTHER. SO WHEN, WHEN YOU SEE THOSE SORT OF THINGS, UH, WHAT THAT USUALLY MEANS IS THAT THEIR DRIVEWAYS ARE ALWAYS GONNA BE REALLY CLOSE TO EACH OTHER. THEIR CARS ARE GONNA BE VERY CLOSE TO EACH OTHER, THAT THERE'S NOT GONNA BE MUCH OF A SETBACK BECAUSE THERE'S A DRIVE, A SHARED DRIVEWAY APRON. AND SO I ENCOURAGE MY COLLEAGUES TO LOOK AT SOME OF THOSE STREET VIEW PICTURES JUST TO, IN THE BACK OF THEIR MIND BE THINKING THAT THERE'S GONNA HAVE TO BE SOME SORT OF A, YOU KNOW, ENCROACHMENT OF, OF USE BETWEEN THESE TWO PARKING FACILITIES. UH, SO VERY GOOD POINT. HOWEVER, AGAIN, THE POINT I'M TRYING TO MAKE HERE IS THAT IF YOU HAVE ANY, I ANY DESIRE TO GIVE A VARIANCE OF SOME SORT TO THIS APPLICANT IN ORDER FOR HAVE A CARPORT, THEN THERE'S GOING TO HAVE TO BE SOMEWHAT OF A NEGOTIATION AMONG THE BOARD MEMBERS, BECAUSE OTHERWISE, AGAIN, THE ORDINANCE ITSELF TAKES PRECEDENCE. THE VARIANCE THAT WE WOULD ALLOW WOULD, WOULD ALLOW A CHANGE FOR THIS [01:05:01] PARTICULAR PROPERTY WITHOUT A VARIANCE. THE ORDINANCE, I MEAN THE, UH, UH, CODES THEMSELVES TAKE CONTROL. SO IN THIS PARTICULAR TIME, I'M GOING ONE MORE TIME, I'M GONNA ASK FOR A MOTION, UH, OR ADDENDUM. 'CAUSE I DON'T BELIEVE THIS IS GOING TO PASS, AND WE NEED TO GET TO THE POINT WHERE EITHER SHE GETS THE CARPORT OR SHE DOESN'T. SO IT'S UP TO US. MR. CHAIR? YEAH. OH, ZINA, I, I WOULD MAKE AN ULTRA MOTION IF I KNEW THAT SHE WOULD ABLE, WOULD BE ABLE TO COMPLY WITH THE EXISTING POST WITHOUT HAVING TO MOVE THEM. WHETHER THAT'S A TWO FOOT VARIANCE OR A THREE FOOT VARIANCE, I JUST DON'T KNOW, BASED ON THE CURRENT CONDITION OF THE POST, AND IF SHE WERE TO, TO REMOVE SOME OF THE FASCIA TO MEET, UH, WHATEVER THAT, THAT SITE SETBACK REQUIREMENT WOULD BE. BUT I JUST, I DON'T KNOW WHAT THAT, WHAT THAT, UH, CALCULATION IS AND IF SHE'D BE ABLE TO, TO MEET IT. ALL RIGHT, MR. MY CONCERN IS, IS A FINANCIAL HARDSHIP ON HER, UH, IF SHE WERE TO HAVE TO MOVE ALL THOSE POLES, BASICALLY BRINGING DOWN THE GARAGE IN, IN ITS ENTIRETY TO COMPLY WITH, WITH ANY ARBITRARY VARIANCE, SIDE VARIANCE WE'D MAKE WITHOUT KNOWING THE FACTS. VERY GOOD. MR. OONA REFER BACK TO THE, UH, PHOTOGRAPH OF THE CAR REPORT FROM THE STREET. IF YOU, IF YOU HAVE IT AVAILABLE TO YOU, I DON'T KNOW IF STAFF CAN BRING THAT UP. OKAY. UH, LET'S SEE. IT DOESN'T LAY, OH, IT'S NUMBER 12 ON MY PAGE. OKAY. AND I'M WORKING OFF THE IPHONE HERE, SO, WELL, THEY'RE, THEY'RE, THEY'RE GONNA BRING THERE, IT'S OKAY. YOU NOTICE THAT THE CARPORT HAS NO OVERHANG ON THE, UH, INSIDE, BUT HAS AN OVERHANG ON THE OUTSIDE MM-HMM. . OKAY. SO IF THAT'S THE CASE, IT SHOULD BE NO DIFFICULTY TO MATCH THAT. AND JUDGING BY THE PHOTOGRAPH THAT I SEE HERE ON, UH, NUMBER 14, OKAY, THAT APPEARS TO BE APPROXIMATELY TWO FEET AWAY FROM THE PROPERTY, UH, I'D BE HAPPY, MR. I'D BE HAPPY TO MAKE A MOTION. UH, WHERE WHEREBY THE SIDE SETBACK WOULD BE NO, UH, NO GREATER THAN THE EXISTING CONDITION OF WHERE THE POSTS ARE. OKAY, WELL, WE HAVE TO HAVE AN, UNFORTUNATELY, I THINK WE HAVE TO HAVE A NUMBER THERE, UM, BECAUSE THAT, UM, OKAY, LEMME, LEMME JUST CLARIFY. SO THE REQUEST THAT'S IN FRONT OF YOU, WHICH IS A THREE FOOT, SEVEN INCH VARIANCE FROM THE FIVE FOOT REQUIRED SITE STEPBACK FOR IT TO BE ONE AND A HALF FEET AWAY IS WHERE IT'S CURRENTLY AT, RIGHT? SO ANYTHING, ANYTHING DIFFERENT, ANYTHING OTHER THAN THAT REQUEST WOULD REQUIRE HER TO MOVE THE POST. SO THE ONE FOOT FIVE IS THE CURRENT CONDITION OF THE POST LOCATION, OF THE POST, NOT NECESSARILY THAT THAT EXTENSION PASSED THE, UH, OH, THE ROOF PASSED. OKAY. OF THE POST. IT DOESN'T, CATHERINE, LOOK AT PHOTOGRAPH NUMBER 14. THE CAR, THE GARAGE IS CURRENTLY, WELL, IT'S PROBABLY GRANDFATHERED, BUT THE ODDS ARE IT'S APPROXIMATELY THE, THE, THE SIDE, THE, THE EDGE OF THE GARAGE IS APPROXIMATELY TWO AND A A HALF FEET FROM THE PROPERTY LINE. THAT WAS SOME OF THE CODES BACK THEN, OR THE WAY A LOT OF HOUSES WERE BUILT BACK THEN. AND JUDGING BY THE PHOTOGRAPH, IT APPEARS THAT THAT POST IS ALMOST IN LINE WITH THE SIDE OF THAT GARAGE, WHICH WOULD MEAN THAT THAT POST IS APPROXIMATELY TWO FEET AWAY FROM THE PROPERTY, SIR, JUST TO LET YOU KNOW, WE WENT OUT AND MEASURED IT. YES. AND IF YOU LOOK AT PHOTOGRAPHS FROM THE PROPERTY LINE, AND THE PROPERTY LINE MAY NOT BE THE SAME AS THE FENCE EXACTLY. BUT IF YOU LOOK AT PHOTOGRAPH NUMBER 15, THERE'S A MEASURING TAPE, AND I'M ASSUMING THAT IS, UH, THE MEASURING TAPE IS THE DISTANCE FROM THE, UH, APPROXIMATE POSITION OF THE PROPERTY LINE TO THE COVER ITSELF. AND I SEE UNDER THE FINGER OF, UH, OF THE INDIVIDUAL HOLDING THAT, THAT'S THE POLE TO THE OVERHANG. OKAY? THE POLE, SO THAT POLE RIGHT THERE, YOU'RE SAYING IS, UH, ONE AND A HALF FEET AWAY FROM THE PROPERTY LIGHT? WELL, ACCORDING TO, ACCORDING TO THIS, NOW I'M JUST GOING BY THE NUMBERS I'M SEEING, I SEE ONE FOOT CLEARLY OFF THE EDGE OF THE, OF THE CARPORT, AND THEN 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, ANOTHER 12 INCHES TO THE POST. I'M JUST GOING BY THE NUMBERS THAT, THAT, THAT WERE SUPPLIED IN THE PHOTOGRAPH. UH, ORIAN I HAVE A QUESTION FOR, FOR CATHERINE. UM, I, I MAY BE MISTAKEN ON THIS, BUT I, YOU'RE SAYING THAT THE POST IS ONE FOOT FIVE INCHES AWAY FROM THE PROPERTY LINE, BUT I THOUGHT THAT ONCE YOU WENT [01:10:01] BELOW THREE FEET, NO PART OF THE CARPORT, COULD, YOU KNOW ANY PART OF THE CARPORT WAS INCLUDED IN THE MEASURE? AM I OFF ON THAT OR CONFUSED? NO, YOU'RE NOT. SO THE, UM, THE ARCHITECTURAL OVERHANG WILL HAVE TO BE SHAVED OFF, BUT WE ALWAYS MEASURE IT FROM THE POST. OKAY. OKAY, THANK YOU. OKAY, WELL, YEAH, I AGREE WITH WHAT I, WHAT YOU'RE SUPPOSED TO DO. I'M LOOKING AT THE EVIDENCE PRESENTED BY THE, UH, STAFF THAT WENT OUT AND MEASURED, AND THAT POST APPEARS. NOW, I'M ASSUMING THAT THE OTHER END OF THE TAPE IS AT THE PROPERTY LINE. IT MEASURES TWO FEET FROM THE POST TO THE, UH, PROPERTY LINE. AND I'M LOOKING AT THE TAPE, I'M NOT LOOKING AT ANYTHING ELSE. SO, IN ESSENCE, HOW ELSE COULD I DESCRIBE THAT TO YOU? UM, THE REQUEST, IF THIS IS, THIS, THIS MEASURING TAPE IS CORRECT, THEN IF WE APPROVE THAT THE COVER AS IT IS ON THE SIDE SETBACK, IT'S ACTUALLY QUOTE ONE FOOT, ONE INCH TO THE PROPERTY LINE. SO AGAIN, THE, THE FURTHEST THAT IT CAN BE, UH, THE CLOSEST THAT IT CAN BE IS ONE AND A HALF FEET, BECAUSE THAT'S WHAT WAS ADVERTISED. IF YOU BELIEVE THAT IT IS TWO FEET AWAY, THEN YOU'D NEED A MOTION FOR THREE FOOT VARIANCE BE TWO FEET AWAY. AND SHE WILL HAVE TO, DURING THE BUILDING PERMIT PROCESS, MAKE ANY NECESSARY ADJUSTMENTS IF THERE IS NEED, IF THERE NEEDS TO BE AN ADJUSTMENT. OKAY. SO I'M JUST GOING BY THE EVIDENCE PRESENTED, AND THAT'S ALL I'M DISCUSSING HERE IS THE EVIDENCE PRESENTED. AND NOW I'M, I'M NOT SURE IF THE ACTUAL, UH, PLANNER THAT WENT OUT THERE AT PRESENT, BUT I WOULD ASSUME THAT, THAT THE INTENT OF THIS PHOTOGRAPH WAS THAT TO DETERMINE THE DISTANCE FROM THE POST TO THE PROPERTY LINE. AGAIN, THE PLANNERS HERE, AND AGAIN, WE ARE, WE ARE CONFIRMING THAT THE DISTANCE FROM, OF THE POST TO THE PROPERTY LINE IS ONE AND A HALF FEET AWAY. OKAY. ALL RIGHT. SO THAT'S WHAT, WHAT, WHAT, SO IN ESSENCE, IN ORDER TO GET, GET, UH, THOSE THAT DON'T WANT ANY ADDITIONAL POST MOVEMENT WHATSOEVER, WE HAVE TO PASS THIS THIS WAY OR NOT. SO NO AMENDMENT WOULD BE NECESSARY FOR MR. OR OREN'S MOTION. IS THAT CORRECT, CATHERINE? THAT'S CORRECT, SIR. OKAY. SO I'M GONNA GO AHEAD AND JUST BULL BULL MY WAY THROUGH THIS AND LET'S GO AHEAD AND VOTE ON THE ORIGINAL MOTION THAT MR. ORIAN MADE FOR THE, UH, UH, REQUEST FOR A, UM, 3.3 FOOT SEVEN INCH, UH, VARIANCE, ALLOWING THE CARPORT TO BE ONE FOOT FIVE INCHES AWAY FROM THE PROPERTY LINE. THAT IS THE MOTION THAT WAS MADE. IS THAT CORRECT? MS. DO, UH, YE YES IT IS. ALRIGHT, SO THAT'S WHAT WE'RE VOTING ON. WE'RE GONNA BE VOTING ON THIS PORTION OF THE OR, UH, ORDINANCE MEASUREMENT. YES. WHO, WHO I THOUGHT THAT MR. OREN'S MOTION WAS THE FRONT SETBACK. OH, HE ELIMINATED THAT FROM THE FRONT SET. IN OTHER WORDS, WE'RE NOT DEALING WITH THE FRONT SETBACK ANYMORE WITH, ACCORDING TO MR. OREN'S MOTION, WE'RE ONLY DEALING WITH THE SIDE SETBACK. OKAY? YEAH, IT WAS, JUST TO CLARIFY, IT WAS MY INTENT TO REMOVE SOMETHING THAT WAS CAPABLE OF BEING CLEANED, GETTING RID OF THE FRONT SETBACK. I, I, I DO FEEL THAT FOR HER TO HAVE ANY KIND OF A, OF A CARPORT THAT'S, THAT'S FUNCTIONAL IS, WE DON'T HAVE TO HAVE A VARIANCE OF ABOUT WHAT THE MOTION IS. ONE FOOT FIVE INCHES. SO, OKAY, SO WE'RE GONNA LEAVE YOUR ORIGINAL MOTION, THE FRIENDLY MOTION, UH, AMENDMENT DIDN'T PASS. WE'RE GONNA STICK WITH THE ORIGINAL MOTION YOU MADE UNDER THE RECONSIDERATION RULE FOR A MOTION FOR THE, UH, SIDE SETBACK REDUCTION, UM, BY A THREE FOOT, UH, SEVEN INCHES, ALLOWING FOR THE CARPORT TO BE ONE FOOT FIVE INCHES FROM THE SIDE PROPERTY LINE. ALRIGHT, SO I'M GONNA GO AHEAD AND REQUEST THE ROLL CALL VOTE ON THAT, RIGHT, DR. TERELLI? YES, I CONCUR WITH THE FINDINGS OF OCCURRED. MR. MINKA, I STILL DO NOT CONCUR WITH THE FINDINGS OF FACT AND WHAT'S BEEN STATED. MS. CRUZ? YES, I CONCUR. [01:15:01] MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANA, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. YES, I CONCUR WITH THE FINDINGS OF FACT, MS. BRAGMAN. NO, I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. OONA? YES, I CONCUR WITH THE FINDINGS OF FACT, MS. FISHER. I DO NOT CONCUR MR. DELMER. NO, I DO NOT. AND CHAIR MARTINEZ. I CONCUR. HOWEVER, THE, THE MOTION FAILS. WE'VE MADE AN ATTEMPT TO ALLOW SOME SORT OF VARIANCE ON THIS CASE. UH, I WOULD, UH, WE WILL PROBABLY BE FACING THIS AGAIN IN THE FUTURE, BUT AT THIS TIME, FOR VARIANCE HAS BEEN DENIED. ONTO THE NEXT CASE, [3. 20-3920 BOA-20-10300054: A request by Fabian Carrillo for a special exception to allow a registration of a one-operator beauty/barber shop within a single-family residence, located at 219 Vista Del Sur Street. Staff recommends Approval. (Council District 5) (Azadeh Sagheb, Planner (210) 207-5407, Azadeh.Sagheb@sanantonio.gov, Development Services Department)] PLEASE. NEXT CASE IS 1 0 3 0 0 0 5 4. ADDRESS IS TWO 19 VISTA . THE APPLICANT IS FABIAN CARILLO, THE REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A REGISTRATION OF A ONE OPERATOR BEAUTY BARBER, UH, SHOP WITHIN A SINGLE FAMILY RESIDENCE. CURRENT ZONING IS R FOUR A H O D. THE APPLICANT IS REQUESTING A NEW REGISTRATION OF A ONE OPERATOR BEAUTY SHOP WITHIN THE RESIDENCE. THE AREA IS PREDOMINANTLY SURROUNDED BY RESIDENTIAL UH, BUILDINGS. THERE ARE CODE ENFORCEMENT RECORDS ON THE HISTORY OF THE PROPERTY RELATED TO OVERGROWN GRASS, WHICH HAVE THEY'VE ALL BEEN CLOSED OUT. NEXT SLIDE. THIS IS THE SUBJECT PROPERTY AND THE FOLLOWING PHOTOS ARE OF THE SURROUNDING AREA AS WELL. STAFF RECOMMENDS APPROVAL OF THE SPECIAL EXCEPTION FOR B O 20 21 0 3 0 0 0 5 4 FOR A PERIOD OF 24 MONTHS, TWO YEARS. BASED ON THE FOLLOWING FINDINGS OF FACTS, THE REQUEST MEETS ALL CRITERIA FOR GRANTING THIS SPECIAL EXCEPTION. NEXT SLIDE. 27 NOTICES WERE SENT OUT. ONE IN FAVOR, ONE IN OPPOSITION, AND NO RESPONSE FROM HISTORIC REQUEST SIDE RESIDENCE ASSOCIATION. WE DO HAVE ONE VOICEMAIL IN OPPOSITION AND THE APPLICANT IS FABIAN CARRIO. OKAY, UH, LET'S GO AHEAD AND BRING THE APPLICANT ONLINE. ONE MOMENT. WE'RE GETTING THEM ON MR. CARILLO. IF YOU'RE READY. NAME AND ADDRESS FOR THE RECORD. MY NAME IS SABIAN RIO. THE ADDRESS IS 2 1 9 7 8 2 0 7. ALL RIGHT, MAKE YOUR CASE PLEASE. YES, I'M CALLING, UH, BECAUSE I WANT TO USE MY GARAGE FOR A SINGLE HAIRSTYLIST WORKSPACE, AND ALL WHILE USING AN EXCLUSIVE FIRE APPOINTMENT ONLY BOOKING SYSTEM. UH, SO THIS WAY ENSURE RESTRICT SAFETY PRECAUTIONARY MEASURES DURING THESE, UH, DIFFICULT TIMES. [01:20:06] UH, DO YOU HAVE ANY OTHER INPUT YOU'D LIKE TO GIVE AT THE MOMENT? NO. OKAY. DO WE HAVE ANY PUBLIC INPUT? WE DO HAVE ONE VOICEMAIL. OKAY. CAN YOU PLAY THAT FOR US? MY NAME IS CARLOS RIOS. I OWN A PROPERTY ON 2 0 6 VISTA DEL. UM, THERE IS A, UM, A RESIDENT IN OUR CUL-DE-SAC THAT IS REQUESTING PERMISSION TO, UH, ERECT A, UH, GET A SHOT, BUT I, I'M GONNA HAVE TO BE AGAINST IT BECAUSE THERE'S A LOT OF CONGESTION ON THE CUL-DE-SAC. JUST TOO MANY CARS, TOO MANY CARS PARKED, AND THAT WOULD JUST AGGRAVATE THE SITUATION. I DON'T HAVE A CASE NUMBER, BUT I HAVE BEEN CONTACTED BY THE CITY ABOUT THIS. OKAY, SO 2 0 6 . UH, I, I'M, I'M GOING TO OPPOSE IT, CARLOS. THANK YOU. AND THAT IS ALL THE COMMENTARY THAT WE RECEIVED FOR THIS ONE. EXCELLENT. SO AT THIS STAGE, UH, IT'S OPEN TO YOURSELF, SIR. SORRY, GO AHEAD. UH, CHAIR, YOU WERE MUTED. YES, I COULD TELL NOW, YES. UH, WE NEED TO ASK THE APPLICANT, UH, ABOUT THE QUESTION, THE WITNESS ABOUT PARKING IN HER, UH, FOR THIS OR THIS FACILITY? YES. UM, CAN I ANSWER NOW? YES, YES. UH, THE PARKING IS IN MY DRIVEWAY. UM, AS I MENTIONED, THIS IS GOING TO BE BY APPOINTMENT ONLY. IT IS LIMITED TO ONE VEHICLE AT A TIME. AND, UM, SO IT'S NOT GOING TO BE IN THE STREET IN ANY WAY, SHAPE OR FORM, ESPECIALLY BECAUSE I'M AT THE VERY END OF THE CUL-DE-SAC, WHICH IS A WEIRD PARKING SPOT THAT DOES NOT ALLOW PEOPLE TO PARK IN THE STREET. AND AT THE MOMENT THERE IS MULTIPLE, UH, HOUSES IN THE NEIGHBORHOOD THAT HAS CONSTRUCTION GOING ON, AND SO THEREFORE, AT THE MOMENT THERE'S LOTS OF VEHICLES. ALRIGHT. DO WE HAVE ANY QUESTIONS FROM THE BOARD FOR THE APPLICANT? ORIAN HISTORIAN? YES. UH, IT, UH, GOOGLE MAPS SHOW THAT YOU HAVE A GARAGE DOOR, BUT ON THE, ON THE, UH, PICTURES IN THE FILE, IT'S SHOWING A WINDOW GARAGE DOOR IS, BUT IN THE DESCRIPTION ON THE SKETCH THAT YOU PROVIDED, IT APPEARS THAT THERE'S GONNA BE A DOOR CUT. ARE YOU GONNA TAKE THE WINDOW OUT AND PUT THE DOOR THERE? IS THAT GONNA BE THE YES. OKAY. AND, AND DO YOU HAVE A, UM, DO YOU HAVE, YOU DON'T HAVE A REQUIREMENT, UM, TO HAVE A GARAGE IN THIS COMMUNITY, DO YOU, I'M SORRY. IT, IT WAS CUT OFF WHEN YOU SAID YOU DON'T HAVE A REQUIREMENT TO HAVE A GARAGE. THERE WAS A, A NEIGHBORHOOD ASSOCIATION, BUT IT'S NOT MANDATORY, CORRECT? I MEAN, THERE'S NO RESTRICTION THAT REQUIRES YOU TO HAVE A GARAGE, CORRECT? THIS IS CORRECT. WE DON'T HAVE AN H O A OR, OR IT'S MANDATED. SO YOU HAVE ONE. OKAY. THANK YOU VERY MUCH. OKAY, GOOD. UH, DO WE HAVE ANY MS. BRAGG AND CHAKA, UM, QUESTION FOR THE APPLICANT? SO IF HE'S REPLACING THE FRONT WINDOW WITH A DOOR, IS THERE ANOTHER DOOR OR WINDOW ON THE SIDE OF THE SALON OR INGRESS AND EGRESS? YES. UH, THERE WILL BE, UM, A WINDOW, UH, TO, TO THE SALON, CORRECT. OKAY. ON THE SIDE OF THE, THE STRUCTURE [01:25:02] ON THE SIDE? THAT IS CORRECT. THANK YOU MENCHACA. MR. MANCHACA, UH, QUESTION FOR THE APPLICANT. HE SAYS THIS BY APPOINTMENTS. OH, THE APPOINTMENTS MAINLY IN THE MORNING OR EVENING OR THROUGHOUT THE DAY THAT MAY CAUSE CONDITION. UM, THE APPOINTMENTS ARE GOING TO BE DURING MY WORK HOURS, WHICH IS TUESDAY THROUGH SATURDAY. AND, UM, THEREFORE WHEN I DO BOOK, IT'S GOING TO BE DURING MY BUSINESS HOURS AND I STATED THE ION WILL ONLY OCCUR IN MY DRIVEWAY. OKAY. I DON'T, ON THE RECORD, THE STATED BUSINESS HOURS SATURDAY? YES. SORRY. IT WAS, UH, SUBMITTED, UH, 10 TO SEVEN, I BELIEVE, AND THEN SATURDAY, LIKE NINE TO SIX. OKAY. PLEASE MAKE A NOTE OF THAT, UH, FOR THE, FOR THE RECORD. UM, OKAY. ANY OTHER QUESTIONS FROM THE, FROM THE, UH, BOARD CRUZ? MS. CRUZ, GO AHEAD. UH, YES, UM, I'M NOT SURE IF HE KNOWS OR IF IT'S, IS THIS HIS FIRST TIME, UH, BEING AN APPLICANT? THAT IS CORRECT. YOUR FIRST TIME. THANK YOU. OKAY. MS. CRUZ BRINGS GOOD POINTS. SINCE THE FIRST APPLICATION FOR THE PERMIT, IT WOULD BE TWO YEARS. ANY QUESTIONS? UH, ORIAN, I HAVE ONE MORE QUESTION, MR. ON, ON PAGE 31, THE SKETCH THAT WAS PROVIDED DID, DID FOR, SO FOR THE APPLICANT, DO YOU HAVE ON THE SIDE OF WHERE THE SALON IS, ANOTHER DRIVE THAT GOES TO THE BACK AND IT'S, IS IT SPACE THAT FAR AWAY FROM YOUR PROPERTY LINE IN YOUR NEXT DOOR NEIGHBOR? IT DOESN'T SEEM THAT WAY ON THE AREA. AREA. I, I'M SORRY. ARE ARE YOU ASKING IF I HAVE ANOTHER DRIVEWAY BETWEEN THE TWO? OH, PICTURE MYSELF. I'M JUST LOOKING AT THE SKETCH. IT APPEARS THAT WE'RE, WE'RE, THE SALON IS MARKED. THERE'S A SUBSTANTIAL DISTANCE IN TWO OPEN SWING GATES THAT WHAT WOULD ALLOW PASSAGE TO OR TO AN OUTBUILDING IN THE REAR. IT JUST, THAT SPACING DOESN'T SEEM TO BE CONFORMANT TO THE AERIAL. UM, AND AND THE REASON WHY I'M ASKING IS, IS THE, THE PERSON WHO WAS OPPOSED DOWN THE STREET WAS QUESTIONING WHETHER OR NOT THERE WAS ADEQUATE PARKING. BUT THIS SKETCH IS MAKING ME FEEL LIKE YOU HAVE A, A, A LITTLE PARKING, A PARKING SPACE ON THE SIDE OF THE PROPOSED SALON IN, IN THE YARD. AND THAT WOULD JUST SHOW THAT YOU HAVE VERY AMPLE PARKING AND I'M JUST CURIOUS. YES. UH, WE HAVE, UH, AMPLE PARKING. SO THE DRIVEWAY IS FROM THE GARAGE FORWARD AND THEN PUT THE SIDE IS, UM, TO OUR BACKYARD. AND THAT'S WHERE THE GATE ARE. DO Y'ALL, DO YOU, IS EVERYBODY ELSE SEEING THAT? THE SKETCH THAT SHOWS THE SALON AND ITS SUBSTANTIAL ROOM ON THE SIDE OF THE POND? IT WAS SLIDE 31 ON THE PRESENTATION PHOTOGRAPH WE'RE HAVING, UH, GOOGLE MAP PULLED UP RIGHT NOW. YEAH, IT'S A, IT'S A HAND DRAWN SKETCH. IT'S BY THE, IT WAS ON THE CASE IT SAID CASE SUMMARY AND IT WAS A HAND DRAWN SKETCH. YES. I, I SEE THE PAGE YOU'RE REFERENCING, BUT THE, UH, GOOGLE MAP DOESN'T SUPPORT AN ADDITIONAL DRIVEWAY. YEAH, THAT'S WHY I WAS CONCERNED. 'CAUSE IT SURE LOOKED LIKE THERE WAS, THERE, THERE WAS SOMETHING GOING ON ON THE SIDE OF THE SALON BASED ON . DID WE GET MAP? IT'S ALSO ON THE CASE ATTACHMENTS. IT'S THE SITE PLAN. IT IS PAGE TWO. THE, I I DON'T IT'S NOT DRAWN THE PERSPECTIVE. YEAH, THAT'S, THAT'S WHAT I WAS WONDERING BECAUSE IT'S SEEMED KIND OF TOO GENEROUS OF A WIDTH THERE, BUT IT WOULDN'T, IT LOOKED LIKE IT WAS PROVIDING EXTRA PARKING IS ALL, UH, SO IN FACT, I DON'T EVEN KNOW IF IT HAS ACCESS FROM THE FRONT OR THE BACK OR THE, UH, BACK STREET. OKAY. IT [01:30:01] WOULD JUST GO TO ADDRESSING THE FRONT OF THE NEIGHBOR OF THE STREET. THAT'S ALL. ALL RIGHT. UH, OF COURSE THE APPLICANT DOESN'T HAVE THE ADVANTAGE OF SEEING WHAT WE'RE SEEING UNLESS HE'S LOOKING AT THE COMPUTER, UH, SYSTEM, WHICH MEANS HE CAN'T, HE'S ON TIME DELAY OF SOME SORT. THAT THING, A PICTURE RIGHT THERE. YEAH, I WOULD SAY THAT, UH, THAT IS, THERE'S SOMETHING WRONG WITH THAT DRAWING, NOT THE SCALE. OKAY. , I DON'T EVEN SEE HOW YOU WOULD PUT A DOUBLE GATE THERE. QUITE FRANKLY, NOT ACCORDING TO THE AERIAL MAPS. I ALL RIGHT. ANY OTHER QUESTIONS FOR THE APPLICANT? NONE BEING THE CASE. I'M GONNA GO AHEAD AND CLOSE THIS, UH, MEETING, UH, TO THE PUBLIC. AND A MOTION FOR THE APPLICANT'S REQUEST FOR A, UH, SINGLE OPERATOR BEAUTY SHOP, BARBER SHOP. BRAGMAN, PLEASE GO AHEAD. WHICH ONE OF US MS. BRAGMAN, YOU WERE GONNA MOTION? YES. I WANTED TO MAKE SURE THAT I WAS WHEN YOU WERE CALLING ON. OKAY. REGARDING CASE NUMBER BOA DASH TWO ZERO DASH 0 3 0 5 4. YOU AT THE BOARD OF GRANT, A SINGLE ACCEPTANCE TO, ON A NEW REGISTRATION OF A ONE UPGRADE BEAUTY SHOP WITHIN A SINGLE FAMILY RESIDENCE WITH LIMITED HOURS OF TUESDAY THROUGH FRIDAYS FROM 10:00 AM TO 7:00 PM AND SATURDAYS FROM 9:00 AM TO 5:00 PM ONLY SITUATED AT 2 1 5. DEL SIR. APPLICANT BEING FABIAN. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY WE FIND THAT 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 ONE OPERATOR BEAUTY SLASH BARBERSHOP DOES NOT NEGATIVE NEGATIVELY IMPACT THE CHARACTER OF THE NEIGHBORHOOD. THE APPLICANT HAS FULFILLED ALL REQUIREMENTS FOR A ONE OPERATOR SHOP UNIFIED DEVELOPMENT CODE. AS SUCH, STAFF FINDS THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE PURPOSE OF THIS CHAPTER. B. THE SPECIAL, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED. PUBLIC WELFARE AND CONVENIENCE WILL BE SERVED AS IT WILL PROVIDE A VALUABLE SERVICE TO THE RESIDENTS OF THE NEIGHBORHOOD. THE APPLICANT HAS PROPOSED THE HOURS OF TUESDAYS THROUGH FRIDAY FROM 10:00 AM TO 7:00 PM AND SATURDAYS FROM 9:00 AM TO 5:00 PM BY APPOINTMENT ONLY C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. SUBJECT PROPERTY WILL BE PRIMARILY USED AS A SINGLE FAMILY RESIDENCE. THE BEAUTY SLASH BARBERSHOP WILL OCCUPY ONLY A SMALL PORTION OF THE MAIN STRUCTURE AS REQUIRED BY THE U D C AND THE FACT THAT A BEAUTY SHOP IS BEING OPERATED FROM THE HOME WILL LIKELY TO BE INDISCERNIBLE TO HAZARD'S BY, AS SUCH NEIGHBORING PROPERTIES WILL NOT BE SUBSTANTIALLY INJURED. D THE FOLLOWING EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE REQUESTED SPECIAL EXCEPTION IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AS THE PROPERTY IS STILL USED AS A RESIDENTIAL BUILDING. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR REGULATIONS HEREIN ESTABLISHED FOR THE SPECIFIC DISTRICT. THE PRIMARY USE OF THIS D DWELLING REMAINS A SINGLE FAMILY HOME. THE GRANTING OF THIS SPECIAL EXCEPTION WILL NOT WEAKEN THE PURPOSES OF THE RESIDENTIAL DISTRICT AND OF MOTION. SECOND, SECOND. GO AHEAD, CHAIR. HEAR YOU NOW. WHO MADE THE SECOND? SECOND? THAT WAS MS. CRUZ. THAT MADE THE SECOND OKAY. IMPROVEMENT. ALRIGHT, UH, LET'S GO AHEAD AND START THE DISCUSSION WITH KIMBERLY, PLEASE. YES, I'M IN FAVOR OF THE MOTION. UH, THIS COUNTRY HAS MADE UP MOSTLY OF SMALL BUSINESS ENTREPRENEURS. UM, THREE. SO I WILL BE IN FAVOR OF THE MOTION. VERY GOOD. OKAY THEN MARIA, YOU WANT TO PUT YOUR INPUT? MS. CRUZ, TURN ON YOUR MIC. OKAY. SORRY. UM, UM, I CONCUR WITH MS. BRAGMAN. I THINK THIS WOULD BE [01:35:01] A GOOD THING FOR THE NEIGHBORHOOD. OKAY. VERY GOOD. ANY OTHER INPUT? DELMER, MR. DELMER? I CONCUR COMPLETELY WITH MS. BRAGMAN. UM, EXACTLY WHAT WE NEED. UH, MORE SMALL BUSINESS. OKAY. VERY GOOD. MS. FISHER? MS. FISHER? YES. I ALSO CONCUR AND I DON'T BELIEVE THAT HAVING, UM, THERE WILL NOT BE AN ISSUE WITH PARKING DUE TO THE FACT THAT IT'S BY APPOINTMENT ONLY AND THERE APPEARS TO BE INADEQUATE SPACE FOR ONE CAR OR, UH, THAT WOULD BE SUFFICIENT FOR THIS PURPOSE. VERY GOOD. ALRIGHT. UM, I DON'T REMEMBER HEARING THIS IN THE MOTION, BUT THE HOURS OF OPERATION, I BELIEVE HE STATED WITH TUESDAY THROUGH SATURDAY BETWEEN 10 AND SEVEN O'CLOCK. IS THAT CORRECT? 40 HOURS. SO THE APPLICANT MENTIONED 10 TO SEVEN. TUESDAY THROUGH SATURDAY. WELL, 10 TO SEVEN AND THEN ON SATURDAYS WOULD BE NINE TO SIX. NINE TO SEVEN. SO IT WAS TUESDAY THROUGH SATURDAY. ALRIGHT. PLEASE INCLUDE THOSE IN, IN THE MOTION. AND WE HAVE A MOTION, WE HAVE A SECOND. I, A DISCUSSION. THERE'S NO FURTHER DISCUSSION ON THAT, THAT BEING THE CASE. AND PUT, UH, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE DR. ELLI. YES. SECOND, COME WITH THE FINDINGS OF THAT MR. MENCHACA. I CONCUR WITH THE FINES. MS. CRUZ. MS. CRUZ, IS YOUR MICROPHONE ON? IT'S SHOWING ME IT'S IS THAT BETTER? YES, GO AHEAD. YES, MA'AM. I CONCUR. YES, I CONCUR. I CONCUR WITH FINDING MR. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. ZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. NOW HIT UNMUTE MS. FISHER. THERE YOU GO. I CONCUR WITH THE FINDINGS OF FACT. MR. DELMER. YES, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION PASSES UNANIMOUSLY. GOOD LUCK WITH YOUR, UH, BUSINESS AND, UH, HOPEFULLY WE'LL SEE YOU IN A COUPLE YEARS TO, UH, HEAR SOME GOOD NEWS. THANK YOU SO MUCH. THANK YOU. OKAY, THANK YOU VERY MUCH. THE TIME IS 2:41 PM I'M GOING TO ALLOW FOR A FIVE MINUTE BREAK. UH, LET'S COME BACK HERE AROUND 2 46. GO AHEAD AND SHUT DOWN OUR MICROPHONE. HI FROM SAN ANTONIO, TEXAS. I THINK WE ARE ALL ON NOW. GO AHEAD, GO AHEAD AND MEETING. VERY GOOD. IT'S TWO 50. WE'RE CONTINUING WITH THE BOARD OF AD OF ADJUSTMENTS. UH, PLEASE CONTINUE ON [4. 20-3988 BOA-20-10300042: A request by Maria Luisa Cantu for a special exception to allow one (1) Type 2 Short Term Rental, located at 215 Terry Court. Staff recommends Denial. (Council District 1) (Kayla Leal, Senior Planner (210) 207-0197, kayla.leal@sanantonio.gov, Development Services Department)] TO OUR NEXT CASE, WHICH I BELIEVE IS CASE NUMBER 0 4 2. THAT IS CORRECT. UH, THE ADDRESS IS TWO 15 TERRY COURT. THE APPLICANT IS MARIA LUISA KAPU. THE REQUEST FOR A SPECIAL EXCEPTION TO ALLOW A ONE TYPE TWO, UH, SHORT-TERM RENTAL AT, UH, ZONING IS R SIX A H O D. NEXT SLIDE. THE SUBJECT PROPERTY IS LOCATED ON TERRY COURT, A SHORT DISTANCE AWAY FROM ST. MARY STREET. THERE IS CURRENTLY NO TYPE TWO S G R PERMIT ISSUED FOR THE SUBJECT PROPERTY. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF ONE TYPE TWO SHORT-TERM RENTAL UNIT AT A PROPERTY WITH A TOTAL OF ONE DWELLING UNIT. ACCORDING TO AVAILABLE RECORDS, THERE ARE 12 UNITS ON THIS BLOCK FACE RESULTING IN TWO SHORTTERM RENTAL TYPE TWOS, UH, PERMITTED BY RIGHT AND THE OTHER TYPE TWO SHORT-TERM RENTALS ON THIS BLOCK FACE MUST SEEK A SPECIAL EXCEPTION FROM THE BOARD OF ADJUSTMENT. IF THIS SPECIAL EXCEPTION IS APPROVED, THERE WILL BE A TOTAL OF THREE TYPE TWO SHORT-TERM RENTALS ON THE BLOCK FACE, RESULTING IN 25% OF THE BLOCK FACE. NEXT SLIDE SITE FIND OF THE SUBJECT PROPERTY. [01:40:01] NEXT SLIDE. AND THIS IS A PHOTO OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA. ONE STAFF RECOMMENDS DENIAL OF THE SPECIAL EXCEPTION M D O A 1 0 3 0 0 0 4 2 BASED ON THE FOLLOWING FINDINGS. FACT, THERE ARE CURRENTLY TWO ACTIVE TYPE TWO SHORT-TERM RENTALS ON THIS BLOCK PHASE. NEXT SLIDE. OKAY, Z CAN YOU OKAY. 21. 21. NOTICES WERE SENT OUT, ZERO RECEIVED IN FAVOR. FOUR, UH, PROPERTY OWNERS IN OPPOSITION. UH, THERE WERE A TOTAL OF SIX, BUT ONE OF THE PROPERTY OWNERS OWNED SEVERAL PROPERTIES ON THIS BLOCK AREA. SO THERE WERE SIX NOTICES RECEIVED IN OPPOSITION TOTAL FOR TO FOUR DIFFERENT PROPERTY OWNERS. THE TOPEN HILL COMMUNITY ASSOCIATION IS ALSO OPPOSED, AND THERE WAS ONE IN OPPOSITION OUTSIDE OF THE 200 FOOT RADIUS. ALL RIGHT. BEFORE WE, CAN YOU, CAN YOU SHOW US ON THE MAP WHERE THE OTHER TWO SDRS ARE? THE RED DOTS ON THIS MAP, UH, SHOW YOU WITH THE EXISTING STR? OKAY. THE ADDRESSES ARE VERY DIFFICULT TO READ FOR ME. 1 3 9 1 49, 1 39 AND 1 49. YES. THAT'S WHAT I CONCUR WITH. YEAH. VERY GOOD. THAT CONCLUDES MY PRESENTATION. I DO HAVE SOME COMMENTARY, UH, IN OPPOSITION AS WELL. CURRENTLY WE HAVE THE APPLICANT, MARIA LUISA TU NOT PREPARED TO SPEAK. LET'S GO AHEAD AND BRING HER ON. PLEASE MAKE SURE SHE STATES HER NAME AND ADDRESS FOR THE RECORD. GO AHEAD, MS. CANTU. HELLO, UM, THIS IS MARIA CANTU. MY HOME IS AT TWO 15 TERRY COURT AND, UH, YES, I'M, UH, CALLING TO ASK TO PLEASE BE GRANTED A SHORT TERM RENTAL PERMIT FOR MY, FOR MY HOME. IT'S A TWO BEDROOM HOME. IT HAS, UM, A CARPORT DRIVEWAY, WHICH, UM, HAS ROOM FOR TWO VEHICLES AND, UM, THERE WOULDN'T BE ANY INFRINGEMENT ON THE STREET OR ANYTHING LIKE THAT. UM, I HAVE MAXIMUM OF FOUR ADULTS BECAUSE OF THE TWO BEDROOMS. AND, UM, THIS IS MY, IT WAS MY PARENTS' HOME. THEY'RE NOW DECEASED. IT IS MY CHILDHOOD HOME. SO I DEEPLY CARE ABOUT WHAT GOES ON IN MY HOUSE AND WHO WOULD COME IN. SO I WOULD CAREFULLY, UM, LOOK OVER FOR PREVIOUS, UM, HOST RECOMMENDATIONS FOR ANYONE WHO I MIGHT APPROVE. I DO HAVE, UM, STIPULATION RIGHT NOW. IT'S, UH, I HAVEN'T, UH, RENTED FOR A LADY WHO WAS THERE FOR THREE MONTHS. I DO STATE NO PARTIES, NO PETS, NO CHILDREN, BECAUSE I DON'T WANT ANY DAMAGE, YOU KNOW, POSSIBLY DONE TO THE HOME, ACCIDENTAL OR OTHERWISE. UM, IT IS VERY CLOSE. UM, AS SOMEONE MENTIONED EARLIER TO THE ST. MARY'S STRIP, IT'S WALKING DISTANCE TO THE RIVER WALK ENTRANCE, THE PEARL, THE ZOO. SO, UM, IT'S ALREADY IN A VERY COMMERCIAL NEIGHBORHOOD AND I DON'T BELIEVE THAT HAVING A SHORT TERM RENTAL GUESTS WOULD ALTER, DISRUPT IN ANY WAY THE EXISTING ATMOSPHERE OF, OF MY NEIGHBORHOOD. UM, LET'S SEE. WHAT ELSE DO I HAVE HERE? AND IF THERE WAS CONCERNS ABOUT GUESTS, UM, CAUSING DISRUPTIONS OR DOING ANYTHING LIKE THIS, UH, TYPICALLY THERE WOULD BE TOURISTS, WHICH MEANS THAT THEY WOULD LIKELY BE OUT VISITING THE CITY ATTRACTIONS RATHER THAN JUST BEING AT HOME FULL TIME. UM, THERE IS A PRESCHOOL, THERE WAS A CONCERN ABOUT THE PRESCHOOL, WHICH IS RIGHT ACROSS THE STREET FROM MY HOME. THE CHILDREN OUR AGE IS, UM, I BELIEVE LIKE INFANTS TO THREE, FOUR YEARS OLD. THEY ARE PICKED UP AND DROPPED OFF BY THEIR PARENTS IN VEHICLES. THEY ENTER A G AREA. THERE IS NO SIDEWALK ANYWHERE THERE, SO THERE IS NO PEDESTRIAN TRAFFIC AS FAR AS ANY, UH, POSSIBLE ACCIDENTS HAPPENING THAT WAY. UM, THERE'S ALSO, I BELIEVE, A CONCERN ABOUT THE PROPERTY VALUES GOING DOWN. I WISH THEY WOULD GO DOWN. I AM VERY ABLE TO AFFORD MY TAXES. IT'S A VERY SMALL HOME, I BELIEVE 1200 SQUARE FEET SQUARE RIGHT NOW. MY PROPERTY TAXES ARE AT $6,000. UM, I JUST GOT MARRIED SIX MONTHS AGO AND MY HUSBAND HAS A HOME INSURANCE. AND THE REASON THAT I WOULD LIKE TO HAVE THIS SHORT TERM RENTAL IS I DO NOT LOSE [01:45:01] MY HOME BECAUSE IT IS TYPICAL MAKING MORTGAGE PAYMENTS ONTO HOMES. MY HUSBAND IS IN THE AIR FORCE AND HE'S ABOUT TO BE DEPLOYED IN THE COMING WEEKS. WE DO WANT TO MOVE EVENTUALLY TO MY HOME DOWNTOWN, BUT THAT WOULD BE NEXT YEAR AFTER HE RETURNS FROM HIS DEPLOYMENT AND, AND RETIRES. SO IN THE MEANTIME, I REALLY NEED TO BE ABLE TO NOT LOSE MY HOME AND CONTINUE TO MAKE THE MORTGAGE AND UTILITY PAYMENTS AND TAXES AND THINGS OF THAT NATURE. UM, I BELIEVE THAT'S ALL I HAVE. I CAN ANSWER ANY QUESTIONS IF ANYONE HAS ANY. THANK YOU VERY MUCH FOR YOUR INPUT. UM, UH, DO WE HAVE, UH, DO WE HAVE ANY, UM, WITNESS PUBLIC WITNESSES, STATEMENTS OR ? YES, SIR. I'VE GOT, I HAVE, I'LL BE READING SOME STATEMENTS. UH, THERE'S A FEW LETTERS OR EMAILS THAT WERE SENT IN. UH, THE FIRST ONE IS FROM A CHRIS AND THE OWNER OF TWO 11 TERRY COURT. I'M AGAINST THE REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO RENTAL IN THE BLOCK FACE. UM, I'M ASKING THE BOARD TO PLEASE DENY THE REQUEST FOR THE FOLLOWING COMPELLING REASONS. MIDDLE SCHOOL, UH, OF KEYSTONE CONSISTS OF CHILDREN AGE THREE TO FOUR, WHICH IS LOCATED DIRECTLY ACROSS THE STREET FROM TWO 15. UH, SOME SHORT-TERM RENTERS MAY NOT HAVE THE SAME LEVEL OF, OF CARE AND CONCERN AS LONG AS LONG-TERM RENTERS AND THOSE WHO OWN AND LIVE IN THE AREA IN IN THEIR HOMES. HAVING CONSTANT SHORT-TERM RENTERS COULD INCREASE THE CHANCES OF UNWANTED ACCIDENT RESULTING FROM THOSE RENTERS NOT USING EXTRA CAUTION WARRANTED DUE TO THE YOUNG CHILDREN ATTENDING SCHOOL DIRECTLY ACROSS THE STREET, PARKING IS ALREADY A MAJOR PROBLEM ON THE STREET. WITH SO MANY BARS AND RESTAURANTS ON ST. MARY'S, UM, MANY TIMES SHORT-TERM RENTERS WILL HAVE MULTIPLE CARS PARTYING COULD TAKE PLACE AND BE AN, AN, UH, ANNOYANCE TO SURROUNDING NEIGHBORS, FORCING THEM TO MOVE AND SELL THEIR HOMES. OR IF OCCUPIED BY LONG-TERM RENTERS COULD RESULT IN BREAKING OR NOT RESIGNING OR RESIGNING LEASES. THE SHORT-TERM RENTERS UNIT, UH, COULD THEN MAKE IT DIFFICULT TO SELL OR RENT THE SURROUNDING PROPERTIES WITHOUT DISCOUNTING THE SALES PRICE AND OR MONTHLY LONG-TERM RENTAL RATES. THE SIZE OF THE RESIDENTIAL LOTS ARE VERY NARROW, LEAVING MINIMAL SPACE BETWEEN THEIR HOMES. SO ANY LOUD NOISES INSIDE OR OUTSIDE OF THE SHORT-TERM RENTAL. SHORT-TERM RENTAL COULD BE A, A BIG PROBLEM RESULTING IN UNWANTED DISCUSSIONS AND OR CAUSED BY THE POLICE. MANY SURROUNDING RESIDENTS HAVE DOGS THAT WILL BARK AT STRANGERS, AND THIS COULD BE A CON CONSTANT PROBLEM AS EVERY OCCUPANT IN THE SHORT-TERM RENTAL WILL BE SEEN AS A STRANGER TO THE DOGS. UH, BASICALLY PLEASE, PLEASE FEEL FREE TO EMAIL ME WITH ANY QUESTIONS. NEXT COMMENTER IS FROM A BRIAN BURNS AND PATRICIA, UH, BECK TWO 17 TERRY COURT. PLEASE FIND ATTACHED COPY OF OUR RESPONSE. WE ARE IN OPPOSITION TO ANOTHER SHORT-TERM RENTAL ON OUR PORTION OF TERRY COURT. OUR STREET HAS A MIX OF LONG-TERM RENTALS AND OWNER-OCCUPIED RESIDENCES THAT SUPPORT RESIDENTIAL RESIDENTS WATCHING OUT FOR EACH OTHER AND BUILDING RELATIONSHIPS AND COMMUNITY. SOME OF THE OWNERS, UH, OTHER OCCUPIED RESIDENTS HAVE BEEN PASSED AWAY ON FROM ONE GENERATION TO THE NEXT, WHICH HELPS PRESERVE THE HISTORY OF OUR LITTLE STREET, UH, NEIGHBORHOOD AND CITY. IN OUR OPINION, INCREASING, UH, TYPE TWO SHORT-TERM RENTALS ON OUR STREET DOES NOT PROMOTE OR NOR HELP MAINTAIN A SENSE OF LOCAL RESIDENTIAL COMMUNITIES. NEXT ONE, UH, IS FROM A MARTIN KUSHNER AT 4 0 5 EAST MLE STREET. THE REQUESTER IS SEEKING AN EXCEPTION OF OR TYPE TWO RENTAL. I AM A RESIDENT OF TOBIN HILL AND I CONCUR, UH, WITH THE CITY STAFF'S RECOMMENDATION TO DENY THE REQUEST AN EXCEPTION. THEREFORE, I'M OPPOSED. THE REQUEST, THE CURRENT TYPE TWO REGULATIONS WAS DEVELOPED AFTER, UH, CLOSE TO ONE YEAR OF DEVELOPMENT BY AN APPOINTED COMMITTEE OF CITY OF SAN ANTONIO RESIDENTS AND SHORT-TERM RENTAL OWNERS, UM, THAT WAS GUIDED BY CITY STAFF. THE COMMITTEE HAD MANY MEETINGS AS WELL AS CONDUCTING NUMBER OF PUBLIC MEETINGS PRIOR TO COMING TO THE, UH, THE WORDING AND THE REGULATIONS THAT WAS APPROVED BY CITY COUNCIL. WHILE THE REGULATION DOES NOT, UH, PROVIDE OPINION ARE OPTIONS THAT ALLOW FOR EXCEPTIONS, UH, TO THIS LIMITATION ON THE NUMBER OF UNITS ALLOW ALLOWABLE ON THE CITY BLOCK FACE. THESE EXCEPTIONS ARE LIMITED AND IT SEEMS, UH, TO ME, APPROVAL OF THE EXCEPTIONS SHOULD BE FEW AND FAR BETWEEN. I'LL SUM IT UP THAT WAY. AND THE NEXT ONE IS FROM TWO 15 CHERRY COURT. THIS IS FROM A PAUL ADA, ACTUALLY, SHE'S AT 4 43 EAST FRENCH PLACE. AS A PROPERTY OWNER IN PROXIMITY TO THE PARTICULAR PROPERTY AND IN GENERAL, UH, ABOUT THE AREA, WE ARE OPPOSED TO CHANGES WHICH INCREASED DWELLINGS IN AN AREA NOT MEANT TO CONTAIN SO MANY PEOPLE. UH, THE CHANGES FURTHER DOWN THE, THAT BLOCK OF THE STORAGE, UM, [01:50:01] SORT OF BUSINESS INTO A LOT OF DWELLINGS IS BAD ENOUGH. IN ADDITION, ANY RELATED, UH, TO THE CAPACITY FOR PEOPLE, WE DON'T NEED TO BE GIVE, UH, BE GOING IN REVERSE, UH, TO A, A CENTURY AGO OF THIS TYPE OF BUILDING CONSIDERED AND CURRENTLY ONGOING AN UNKNOWN END TO PANDEMIC WHERE THE LAST THING YOU NEED IS MORE PEOPLE PACKED INTO A SMALLER AREA. NEXT ONE IS FROM A SAM AND SUSAN AGUIRE. UH, THEY OWN THREE OF THE PROPERTIES IN WITHIN 200 FEET. I'M WRITING TO YOU AS A PROPERTY OWNER. UH, LET'S SEE. ON BEHALF OF BOTH OF OUR ADDRESS, WE ARE OPPOSED TO REQUEST FOR SPECIAL EXCEPTION. GRANTING THE EXCEPTION WOULD DEFEAT THE PURPOSE OF THE CITY'S S T R REGULATIONS. WE ARE CONCERNED ABOUT NOISE AND, AND THE, UH, PRECEDENT THAT WOULD BE SET FOR THE NEIGHBORHOOD. GRANTING THE EXCEPTION WOULD SERVE NO PURPOSE OTHER THAN SERVE THE CONVENIENCE AND FINANCIAL INTERESTS OF THE OWNER. UH, THE OWNER STILL HAS REASONABLE USE OF THE PROPERTY AS EITHER A RESIDENT OR A CONVENTIONAL RENTAL. THERE IS NO HARDSHIP THAT WARRANTS GRANTING THE EXCEPTION, ANY INCONVENIENCE, HARDSHIP, OR EXCEPTIONS OF THE OWNER FOR THE INCREASED PROFIT OR SELF-CREATED RATHER THAN ARISING FROM SPECIAL CIRCUMSTANCES UNIQUE TO THE PROPERTY. AND THE FINAL ONE IS FROM RICK SHELL FROM THE TOBIN HILL COMMUNITY ASSOCIATION ZONING AND DEVELOPMENT COMMITTEE CHAIR, TOBIN HILL COMMUNITY ASSOCIATION AGREES TO THE CITY'S RECOMMENDATIONS AND ALSO RECOMMENDS DENIAL OF THE ABOVE MENTIONED ADJUSTED, UH, ADJUSTMENT REQUESTED. THIS WILL EXCEED THE BLOCK FACE REQUIREMENT OF THE S G R ORDINANCE. AND THAT CONCLUDES THE COMMENTARY CHAIR. GO AHEAD. WE COULDN'T HEAR APPLICANT ABLE TO HEAR OR, UH, SEEK, READ THESE DOCUMENTS. SO, UM, MS. CANTU, I THINK YOU WERE FORWARDED THE, UH, OPPOSITION LETTERS BY THE CASE MANAGER AND I THINK THE CHAIR IS ASKING, UM, IF YOU WERE, IF YOU HAD SEEN THEM AND, UM, YOU WANNA CONTINUE YOUR QUESTION, SIR? NO, I WANT HER, UH, I WAS GONNA GIVE HER A LATITUDE OF RESPONDING TO THOSE STATEMENTS. UH, GO AHEAD MA'AM. YES. UM, OKAY. UH, YES, I THINK I ADDRESSED, UH, MOST OF THEM. THE ONLY ONE, UH, ABOUT THE DOGS BARKING, I THINK, UM, DOGS ON MY NEIGHBOR'S DOGS BARKING ME EVERY TIME I TAKE OUT MY DOG FOR A WALK . SO, UM, THAT'S, I MEAN, THAT'S BEEN GOING ON FOR OVER 40 YEARS SINCE, LIKE I SAID, I GREW UP THERE. UM, I DON'T REMEMBER WHAT ELSE I ADDRESSED. THE, UM, THE PARKING, I HAVE A CARPORT, YOU KNOW, THE TWO CARS WOULD FIT IN THE DRIVEWAY, THEY WOULDN'T BE IN THE STREET. UM, I THINK I ADDRESSED THE PRESCHOOL ACROSS THE STREET. UM, AS FAR AS, UM, THE ATMOSPHERE, LIKE I SAID, THERE IS ALREADY, IT IS ALREADY VERY CENTRALLY LOCATED IN A VERY, UM, COMMERCIAL AREA, UH, EVERY WEEKEND, ST. MARY'S STRIPS, WELL, OUTSIDE OF THIS COVID, UM, THING WE'RE LIVING THROUGH. BUT, UM, YEAH, THERE'S ALWAYS TRAFFIC, THERE'S ALWAYS CARS AND PEOPLE. UM, NOTHING'S GONNA CHANGE. I'M BY HAVING THE SHORT TERM RENTAL, I'M, I'M NOT GOING TO MAKE IT ANY LOUDER OR BUSIER OR ANYTHING LIKE THAT. UM, AND LIKE I SAID, I STIPULATE NO PARTIES, NO PETS, NO CHILDREN. UM, IT'S ADULTS AND SAN ANTONIO HAS MANY ATTRACTIONS. I DON'T ANTICIPATE THEM BEING AT HOME AND, YOU KNOW, CREATING A NUISANCE IN THE HOME. I IMAGINE THEY'RE GONNA BE OUT DURING THE CITY SITES. UM, I DON'T KNOW IF I MISSED ANYTHING ELSE. I'M SORRY. OKAY. UM, VERY GOOD. UH, DO WE HAVE ANY QUESTIONS FROM THE BOARD? BRAGMAN, MS. BRAGMAN, GO AHEAD. UM, MS. KENTU, HAVE YOU TRIED DOING A LONGER TERM RENTAL AT THIS PROPERTY? YES, MA'AM. I CURRENTLY HAVE A YOUNG LADY WHO'S, UM, GONNA BE THERE THREE MONTHS, UM, THE END OF THIS MONTH OF JULY. OKAY. AND SO IS THAT NOT SUFFICIENT? PARDON ME? IS THAT NOT SUFFICIENT? YOU SAID THAT YOU WERE NEEDING INCOME TO PAY FOR THE MORTGAGES, SO DOING IT ON A, YOU KNOW, THREE MONTH, SIX MONTH BASIS, IS THAT NOT SUFFICIENT TO, TO [01:55:01] COVER YOUR EXPENSES? UH, WELL IF I COULD BE SECURED TENANTS FOR 12 MONTHS OF THE YEAR, YES, DEFINITELY. BUT THAT'S, THAT'S AN UNKNOWN. BUT YOU'VE TRIED LEASING IT OUT FOR LONGER THAN THREE MONTHS? YES. WELL, I JUST, I JUST STARTED DOING THIS 'CAUSE LIKE I MENTIONED, I JUST GOT MARRIED, SO I'M JUST NOW IN THE SITUATION WHERE I'M NOT IN THAT HOME ANYMORE UNTIL I JUST BEGAN, UM, IN JANUARY, UM, A COUPLE STATES FOR A MONTH AND THEN NOW THIS YOUNG LADY THAT'S THERE, UM, IS THERE FOR THREE MONTHS. OKAY. AND A, A SHORT TERM RENTAL IS DEFINED AS LESS THAN 30 DAYS. SO YOU'RE NOT VIOLATING ANY CODE RIGHT NOW BECAUSE IT'S A THREE MONTH RENTAL? CORRECT. OKAY, THANK YOU. YES. IAN, UM, FOR THE APPLICANT, UM, IS THE, IS THE, UH, UM, THE TWO STR DOWN THE STREET, UH, WHEN YOU'RE, HAVE YOU DONE ANY RESEARCH TO SEE HOW, HOW WELL THEY'RE DOING OR IF THERE'S ANY ISSUES, UH, THAT ARE OCCURRED? 'CAUSE THEY ARE NO, UM, THE NEIGHBORS DON'T COME OUT VERY MUCH. UM, ONLY MY TWO IMMEDIATE NEIGHBORS TO THE LEFT AND TO THE RIGHT ARE THE PEOPLE THAT I SEE AND WILL SPEAK TO. UM, AND THEN, YOU KNOW, I'D WALK MY DOG EVERY DAY, BUT NO, I NEVER, I SAW THE HOUSES BEING, UM, RESTORED AND THEN, UM, SIGNS GOING UP FOR SALE, THAT KIND OF THING. BUT NO, I'VE NEVER SEEN ANY PEOPLE, UM, AND THAT ARE LIVING IN. AND YOU HAD MENTIONED THAT YOU WERE LOOKING TO MOVE BACK IN THE HOME WITHIN A YEAR. SO ARE YOU, ARE YOU, UH, YEAH, IT, YOUR INTENT IS NOT TO HAVE THE SDR R GO MORE THAN OR USE IT AS AN S D R TYPE TWO FOR MORE THAN A YEAR? IS THAT WHAT YOU'RE SAYING? UH, YES. APPROXIMATELY. UM, YOU KNOW, MY HUSBAND WILL BE BACK ABOUT THIS TIME NEXT YEAR AND THEN THE TIME THAT IT WILL TAKE TO ACTUALLY RELOCATE AND ALL OF THAT. SO QUESTION FOR STAFF, IT'S, ARE WE ALLOWED TO CONSIDER A REDUCTION IN THE PERMIT AS PART OF THIS? NO, SIR. THE PERMIT LENGTH IS, IS STANDARD OF THREE YEARS. OKAY. THANK YOU. CHAKA QUESTION FOR STAFF. SO THE DEFINITION OF SHORT TERM IS THREE YEARS, LESS THAN THREE YEARS? NO, SIR. SO THE DEFINITION OF THE SHORT-TERM RENTAL IS LESS THAN 30 DAYS, BUT THE PERMIT ITSELF IS, IS STANDARD FOR THREE YEARS. GOT IT. THANK YOU. MANNA. MR. MANNA, GO AHEAD. SO CURRENTLY, SO THE LITTLE SCHOOL OF KEYSTONE, I GUESS IF THAT'S STILL THE NAME, THAT IS ACROSS THE STREET FROM THIS PROPERTY, AND IT LOOKS LIKE THERE'S A DRIVEWAY THAT, THAT COMES, THAT EXISTS ON BOLERO AS WELL AS TERRY COURT. SO ARE BOTH OF THOSE, UH, DRIVEWAYS USED WHEN SCHOOL IS ACTIVE? NO SIR. THE ONE ON, NO, IT'S SKATED ALL THE WAY AROUND AND THE ONE ON VALERO IS NOT USED. I BELIEVE THAT WAS THERE FROM THE PREVIOUS, UM, BEFORE IT WAS THE SCHOOL, IT WAS PART OF THE, THE GREEK CHURCH AT THE CORNER. THEY WOULD HAVE THE GREEK SUN FESTIVAL THERE. UM, THE ONLY ENTRANCE IS THE ONE RIGHT ACROSS THE STREET FROM MY HOUSE. OKAY. IS THE GATE, GATE THAT OPENS CLOSE AND THE PARENTS DRIVE INTO THEIR PARKING LOT AND THEN GET DOWN AND PICK UP THEIR CHILDREN. THANK YOU. ALRIGHT, DO WE HAVE ANY ADDITIONAL QUESTIONS? I HAVE ONE QUESTION THAT I'D LIKE TO, UH, 'CAUSE I BELIEVE THAT MR. ORIAN TOUCHED UPON THIS. YOU'RE, YOU'RE PLANNING IT RELUCTANT TO MAKING LONG-TERM RENTAL BECAUSE YOU PLAN ON MOVING BACK TO THE HOUSE FOR A TIME. IS THAT THE REASON WHY YOU'RE, YOU'RE SEEKING A SHORT TERM RENTAL PERMIT? YES. . YES, SIR. SO IN OTHER WORDS, REGARDLESS OF THE THREE YEARS, YOU MAY ONLY BE DOING THIS FOR A YEAR AND AT THAT TIME, YES. I MEAN, A YEAR, TWO YEARS, I DON'T KNOW. YOU KNOW, ANYTHING CAN HAPPEN, BUT, UM, AND MY INTENT IS NOT TO DO IT FOREVER. I UNDERSTAND. VERY, VERY GOOD. UM, SO THAT, THAT'S ESSENTIALLY WHAT YOU'RE THINKING INSTEAD OF RENTING IT OUT FOR SIX MONTHS OR A YEAR, BUT YOU MAY, YOU MAY BE MOVING BACK INTO IT YOURSELF FOR A PERIOD OF TIME YEAH. OR FOR PERIODS OF TIME IN THE FUTURE AND WANT TO KEEP THE, THE PROPERTY AVAILABLE FOR YOURSELF. THAT'S RIGHT. THAT MAKES A LOT OF SENSE. I KNOW PEOPLE DO THAT. OKAY. UH, THEREFORE, UM, WE HAVE ANY OTHER QUESTIONS FROM THE BOARD? [02:00:01] OKAY. WE HAVE, UH, ANY QUESTIONS FOR THE STAFF? IAN? MR. ORIAN? GO AHEAD. YEAH, STAFF YOU, YOU HAD MENTIONED THAT THERE WERE SIX, UH, PEOPLE IN OPPOSITION, BUT ONE GENTLEMAN HAD OWNED FOUR OF THE HOMES. CAN YOU, CAN YOU PLEASE CLARIFY THAT STATEMENT? WAS IT ONE PERSON OR WAS IT SO, SO ONE PROPERTY OWNER HAS THREE LOTS. UM, SO THERE ARE FOUR TOTAL OPPOSITION. OKAY, SO FOUR OF THOSE X'S ARE FROM ONE PERSON? THREE. THREE OF THEM ARE. OKAY. AND IS IS, IS THAT ONE PERSON ALSO THE NEIGHBORING PROPERTY OWNER OR IS THE THEY ALL BEHIND? I'VE GOT THE ADDRESSES HERE. SO IT'S, LET'S SEE, I'M SHOWING 4 56, 4 62 AND 4 66 EAST FRENCH PLACE. IT'S, UH, MR. AGUIRE. OKAY, THANK YOU. THAT'S A DIFFERENCE. OKAY. I HAVE A QUESTION FOR STAFF AS WELL. I UNDERSTAND THAT THIS IS BASED UPON A BLOCK BASED PERCENTAGE, BUT THIS IS UNUSUAL BLOCK BECAUSE THE HOUSE, THE, UH, STREET IS, IS BISECTED SEVERAL DIFFERENT PLACES AND IT APPEARS THAT THE, UH, CURRENT STR ARE ON A PORTION OF THE, THE SAME BLOCK, BUT IT IS ACTUALLY DIVIDED BY VALERO STREET. IS THAT CORRECT? YES. IT'S NOT DIVIDED BY CIRCLE AND HALF OF THE OVAL IS VALERO AND THE OTHER SIDE IS . SO WHEN WE'RE REVIEWING THE, THE BLOCK PHASE, IT'S BY INTERSECTION TO INTERSECTION ON THAT, ON THAT SIDE OF STREET. SO MEANING EITHER THE ODD SIDE OR THE EVEN SIDE OF STREET WILL WE'LL CALCULATE IT THAT WAY. EXACTLY. SO, SO YOU'RE CALCULATING ALL THE WAY FROM, FROM, UH, 37 OVER TO ST. MARY? THAT IS CORRECT. AND WE'RE GONNA LOOK AT THE NUMBER OF UNITS ON THE, ON EACH, UH, LOT. SO IF THERE WERE, SAY TRIPLEXES ALL THE WAY DOWN, WE'LL COUNT EACH UNIT. SO WE'RE BASING ON WHAT WAS EXISTING EXACTLY, BUT THE FACT THAT IF THE HOUSE WAS ACROSS THE STREET, IT WOULD BE IN A TOTALLY DIFFERENT BLOCK PHASE. THAT IS CORRECT. THAT'S WHAT I FIND. ALL RIGHT. UH, AT THIS PARTICULAR TIME, WITH NO ADDITIONAL TESTIMONY, NO ADDITIONAL QUESTIONS FOR THE BOARD. I'M GONNA CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION FOR THE S T R. I NEED A, A, UH, A BOARD MEMBER. ORIAN, I'LL DO IT. THANK YOU VERY MUCH. MR. UH, REGARDING CASE NUMBER VO A 20 DASH 3 0 2, I KNEW THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE TWO SHORT-TERM RENTAL UNIT SITUATED AT TWO 15 TERRY COURT APPLICANT DEAN MARIA LUISA CANTU, BECAUSE THE TESTIMONY PRESENTED TO US IN THE FACTS THAT WE HAVE DETERMINED, SHOWED THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY. THE BOARD FINDS THAT THE REQUEST TO OPERATE SHORT TERM RENTAL IS LIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE SUBJECT PROPERTY APPEARS TO BE WELL KEPT AND RECENTLY RENOVATED. THERE'S NOTHING OBVIOUS THAT WOULD DIS DISTINGUISH A SHORT-TERM RENTAL VERSUS A LONG-TERM RENTAL AT THIS FACILITY FEE, THE SPECIAL EXCEPTION DOES NOT CREATE A PUBLIC NUISANCE. THE BOARD FINDS THAT THERE ARE A TOTAL OF 12 RESIDENTIAL UNITS ON THIS BLOCK BASE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF THREE BY TWO SHORT-TERM RENTALS RESULTING IN 25% OF THE BLOCK BASE. THIS ALLOWS REASON TO BELIEVE A PUBLIC NUISANCE DOES NOT SEEM LIKELY TO BE CREATED. C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY THE PROPOSED USE. THE NEIGHBORING PROPERTIES CONSIST OF A SINGLE FAMILY RESIDENTIAL USES, BUT THE SUBJECT PROPERTY IS LOCATED IN CLOSE PROXIMITY TO NORTH ST. MARY STREET, WHICH IS A COMMERCIAL CORRIDOR. THE PROPOSED UNIT ALSO DOES NOT PROVIDE REASON TO BELIEVE THAT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL. E ADEQUATE UTILITIES ACCESS, ROAD STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE, ARE BEING PROVIDED. THE BOARD FINDS THE SUBJECT PROPERTY TO PROVIDE OFF STREET PARKING AND APPEARS TO HAVE ADEQUATE UTILITIES ACCESS IN OPEN SPACE. E THE APPLICANT OR OWNER FOR THE SPECIAL EXCEPTION, DOES NOT HAVE ANY PREVIOUSLY REVOKED SHORT-TERM RENTAL LICENSES. CONFIRM CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION. THE APPLICANT CURRENTLY DOES NOT CURRENTLY HOLD A SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, OR CONVICTIONS FOR VIOLATIONS OF CHAPTER 16. F. SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE SPECIAL, THE SUBJECT PROPERTY IS LOCATED NORTH OF DOWNTOWN IN, IN CLOSE PROXIMITY TO COMMERCIAL USES AND OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING OFF STREET PLUCKING. THE SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION. END OF MOTION. [02:05:03] SECOND. ALRIGHT, WE HAVE A SECOND FOR MR. BRAGMAN. MR. ORIAN, WOULD YOU START THE DISCUSSION? SURE. UM, WHEN I LOOK AT THESE THINGS, I, I, I LIKE TO SEE HOW MANY RESIDENTS OR UNITS, UH, ARE IN EFFECT, UH, THE POTENTIAL FOR COMMERCIAL. UH, IN THIS PARTICULAR CASE, IT'S VERY CLOSE TO THE HIGHWAY. IT'S CLOSE TO A MAJOR COMMERCIAL BORDER. BEING ST. MARY'S STREET. UH, THERE'S A, A SCHOOL ACROSS THE STREET THAT'S AIDED, UH, AND THERE'S MULTI-FAMILY AND IT'S JUST FOR THIS PARTICULAR STREET, IT JUST SEEMS LIKE IT'S NOT AS BIG OF A DEAL AS IF THIS WAS WITHIN, UH, THE INNARDS OF A COMMUNITY NEIGHBORHOOD. AND I THINK THAT, THAT BECAUSE THE APPLICANT'S STATED THAT SHE'S, HER INTENT IS TO ONLY USE IT FOR A SHORT PERIOD OF TIME, ROUGHLY A YEAR, I THINK THAT GIVING HER THIS ONE, UH, UM, S T R PERMIT, UH, VARIANT, A SPECIAL EXCEPTION WOULD, IS WE'LL JUST SEE WHAT HAPPENS IN THREE YEARS AND IT COULD BE TAKEN AWAY IF IT'S, IF IT'S A REAL PROBLEM. BUT, UH, FOR NOW, FROM WHAT I'M HEARING, I'M OKAY. . OKAY. I'M STILL ON THE AIR. UH, DO WE HAVE ANY, UH, UH, MS. BRAGMAN, DO YOU WANT TO HAVE SOME INPUT ON THIS EXCUSE? UM, I AGREE WITH MY COLLEAGUE, CERTAINLY WHEN IT COMES TO THAT STREET BEING VERY CLOSE TO COMMERCIAL PROPERTIES AND THE MULTIFAMILY PROPERTIES AT THE, THAT ARE END OF THE STREET, I'M A LITTLE CONFLICTED BECAUSE I, I KNOW RIGHT NOW WHAT'S GOING ON IN THE MARKET AND THAT, YOU KNOW, LONG-TERM RENTALS ARE ACTUALLY DOING MUCH BETTER THAN SHORT-TERM RENTALS BECAUSE OF WHAT'S GOING ON WITH, WITH COVID. THERE AREN'T AS MANY PEOPLE TRAVELING. UM, AND THE FACT THAT SHE'S ALREADY HAVE, SHE ALREADY HAS A TENANT IN THERE, I THINK SPEAKS TO THAT. BUT I'D LIKE TO GRANT HER THE FLEXIBILITY SO THAT IF SHE DECIDES THAT, YOU KNOW, IT'S MORE PROFITABLE TO DO SHORT-TERM RENTALS AS OPPOSED TO A LONG-TERM RENTAL, I WANNA GIVE HER THE OPPORTUNITY AND FLEXIBILITY, SO I'LL BE IN SUPPORT OF THE MOTION. VERY GOOD. ANYONE ELSE WANNA HAVE SOME INPUT? MR. INVOLVED IN THE EARLY ON DRAFTING OF THE S T R ORDINANCE, AND THERE WAS A LOT OF NEIGHBORHOOD INPUT AND A LOT OF CONSIDERATION ABOUT HOLDING IT TO THE 25% FRONT FACE OF THE BLOCK. UM, SHE HAS AN OPTION HERE OF, OF DOING LONGER TERM RENTAL TO MEET THE NEEDS OF HER MORTGAGE AND HER, UM, FINANCIAL OBLIGATION. SO I DON'T SEE THAT AS A HARDSHIP HERE. UM, I'M GONNA BE BEHOLDEN TO THE NEIGHBORHOODS AND, AND IN, IN TERMS OF COVID, I MEAN, THE LAST THING YOU'D REALLY WANT IS A LOT OF OUT OF TOWN PEOPLE, UH, UH, COMING IN FOR ONE WEEKEND OR TWO WEEKENDS, UH, FOR, FOR MARKETS UNKNOWN AND, AND, AND KIND OF INFLUENCING THE, UH, YOU KNOW, THE, THE, THAT COVID IN THE NEIGHBORHOOD. SO, SO I'M, I'M REALLY GONNA BE IN, IN DENIAL OF, OF THE MOTION AND FOR THOSE REASONS. SO THANK YOU. CHAKA. CHAKA. CHAKA, GO AHEAD. I AGREE. MR. OONA, UH, SHE COULDN'T GET HERSELF IN A SITUATION SHE'S IN NOW, SHORT TERM, 30 DAYS, SO NO TELLING WHO ELSE MAY COME IN ON THE SHORT TERM AND NOT NEED HER CONDITIONS UNTIL SHE FINDS OUT IT'S TOO LATE, ESPECIALLY WHERE IT'S A THREE YEAR KIND OF CONTRACT. SO, UH, I WOULD NOT, UH, AGREE WITH THAT. ALL RIGHT. ANYONE ELSE HAS SOME INPUT? FISHER FISHER, GO AHEAD. YES, I AM, UH, GOING TO, UH, UH, BE IN SUPPORT AND UPHOLD THE CURRENT CITY S T R REGULATIONS ON SHORT TERM RENTALS. I FEEL LIKE THERE IS A LOT OF INPUT AND COMMUNITY ANALYSIS ON THAT. UH, I ALSO FEEL THAT WE SHOULD, OR THAT I WILL GO AHEAD AND BE SUPPORTIVE OF THE TOBIN HILL HOMEOWNERS ASSOCIATION, UM, RECOMMENDATION AND I THEREFORE WILL BE OPPOSED TO IT AS SIMILAR TO MY COLLEAGUES. THANK YOU. ALRIGHT, ANYONE ELSE? ELLI DOCTOR, PLEASE. YEAH, THANK YOU. UM, I'M GONNA BE IN, IN OPPOSITION TO THIS MOTION. UM, THIS DOES START TO CHANGE THE CHARACTER OF THE NEIGHBORHOOD AND, AND THE S T R ORDINANCE IS WRITTEN IN A WAY THAT ALLOWS FOR A CERTAIN PERCENTAGE OF HOMES TO BE, UM, ALLOCATED FOR SHORT-TERM RENTAL, BUT THIS EXCEEDS THAT PERCENTAGE. THE FACT THAT, UM, SHE HASN'T EVEN REALLY GIVEN THE, UM, THE LONG-TERM RENTAL, THE TRADITIONAL RENTAL MARKET AT AN OFF, UM, [02:10:01] A CHANCE TO SEE IF SHE COULD DO THAT, UM, SPEAKS TO AN ISSUE OF NO HARDSHIP. SHE HASN'T CONVINCED ME THAT THERE IS A HARDSHIP. UM, THESE NEIGHBORHOODS THAT ARE BORDERING ST. MARY'S OFTEN REALLY WORK VERY HARD TO PUT THEIR NEIGHBORHOOD FEEL, UM, AND DESPITE THE FACT THAT THE STRIP IS THERE AND, AND WAS THRIVING PRIOR TO COVID AND IS ACTUALLY QUITE THRIVING IN SOME EVENINGS, UM, MORE RECENTLY, UM, THESE ARE NEIGHBORHOODS AND THESE ARE PLACES WHERE PEOPLE CALL THEM CALL HOME. THERE'S TWO SDRS CURRENTLY ON THIS BLOCK BASE THAT'S ALLOWED BY RIGHT. THIS THIRD ONE IS NOT NECESSARY IN THE NEIGHBORHOOD, AND SHE DOES HAVE ALTERNATIVES. SO I WILL NOT BE IN SUPPORT OF THIS MOTION. ALRIGHT, ANY OTHER INPUT? I'LL JUST MAKE A BRIEF STATEMENT. I'M GONNA, I'M SORRY, DID SOMEONE WANNA MAKE A STATEMENT? UH, JONATHAN. OKAY, MR. LER, I WOULD, UH, AGREE WITH, UH, DR. ELLI ON THAT. SHE MADE A VERY GOOD POINT. THANK YOU. I AGREE. HOWEVER, UH, THE PROCESS IN MY OPINION, ALLOWS FOR DISTINCTIONS AND SPECIAL EXCEPTIONS. UM, GENERALLY SPEAKING, I THINK THE LOCATION OF THIS PARTICULAR PROPERTY ALMOST JUSTIFIES A, UH, AN EXCEPTION TO THE, UH, HOME FACE RULE OR A BLOCK FACE RULE. UH, IN AS MUCH AS THAT, UH, THIS PROPERTY IS, IS IN A PARTICULAR LOCATION WHERE WE'RE GONNA BE SEEING A LOT OF REQUESTS FOR, UH, SHORT-TERM RENTAL, BUT I DO AGREE WITH THE REST OF THE STAFF THAT SAYS RIGHT NOW, THIS IS NOT THE TIME TO BE DOING SHORT-TERM RENTALS. UM, BUT THAT DOESN'T MEAN THAT NEXT YEAR OR SOMETIME IN THE FUTURE, THINGS WILL CHANGE IN THIS COUNTRY AND, UH, PROBLEMS WILL DISAPPEAR HOPEFULLY. BUT THE, UH, SITUATION IS THAT SHE IS THINKING ABOUT, UH, MOVING BACK INTO THE HOUSE, BEING THAT HER HUSBAND'S IN THE, IN THE MILITARY, UM, I HAVE TO HAVE A LOT OF SYMPATHY FOR THAT BECAUSE I KNOW A NUMBER OF PEOPLE HAVE MOVED IN AND OUT OF SAN ANTONIO BECAUSE THE REDEPLOYMENTS, UH, AND ACTUALLY HAVE COME BACK HOME FOR SEVERAL, UH, YEARS AND THEN REDEPLOYED AGAIN. UH, BUT NEVERTHELESS, UH, THE, THE, THIS PARTICULAR CASE IS UNIQUE AND I THINK WE SHOULD TREAT IT AS SUCH, UH, FOR THAT PARTICULAR REASON. HOWEVER, UH, WE'RE GONNA GO WITH A VOTE RIGHT NOW AND SEE HOW THIS TURNS OUT. SO WILL WE PLEASE TAKE A ROLL CALL DR. ELLI? I DO NOT CON CONCUR WITH THE FINDINGS OF FACT, MR. MENCHACA. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MS. CRUZ. NO, I DO NOT CONCUR MR. TEAL. I CONCUR WITH THE FINDINGS OF FACT. MR. . I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. OONA UNA I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. GO AHEAD, MS. FISHER. I DO NOT CONCUR WITH THE FINDINGS OF FACT, MR. DELMER. I DO NOT CONCUR AND CHAIR MARTINEZ. I CONCUR. THE MOTION DOES FAIL DUE, UH, TO THE VOTE. UH, THE VOTE, UH, I HAVE A VOTE OF, UH, FOUR, FOUR AND, UH, SEVEN AGAINST THE MOTION DOES FAIL. UM, AND THIS PARTICULAR TIME, THIS COULD BE SOMEWHAT OF A GODSEND FOR THE APPLICANT BECAUSE I DOUBT IF THERE'RE GONNA BE MANY PEOPLE TRYING TO USE SHORT TERM RENTALS FOR THE NEAR FUTURE. UH, AND, UH, GOOD LUCK WITH YOUR, YOUR HOME AND YOUR FUTURE, UH, WITH THE HUSBAND IN THE MILITARY, THAT'S QUITE A RESPONSIBILITY AND YOUR HUSBAND FOR HIS DEDICATION TO THE UNITED STATES. NOW LET'S GO [5. 20-3903 BOA-20-10300040: A request by Debra Sharp from the Beacon Hill Neighborhood Conservation design standards for 1) a 11’11” variance from the maximum 12’ driveway width to allow a 23’11” driveway width, 2) a 14’ variance from the maximum 15’ curb cut width to allow a maximum of a 29’ curb cut, and 3) a 20% variance from the 50% front yard impervious cover limitation to allow 70% of the front yard to be impervious cover, located at 902 West Gramercy Place. Staff recommends Denial. (Council District 1) (Dominic Silva, Senior Planner (210) 207-0120, Dominic.Silva@sanantonio.gov, Development Services Department)] ON TO OUR NEXT CASE. OH 4 0 0 4 OH, IT'S 9 0 2 WEST GRAMERCY PLACE. THE APPLICANT IS DEBORAH SHARP REQUEST FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DESIGN STANDARDS FOR ONE, AN 11 FOOT 11 INCH VARIANCE FROM THE MAXIMUM 24 FOOT, UH, DRIVEWAY WIDTH TO ALLOW A 23 FOOT 11 INCH DRIVEWAY WIDTH. TWO A 14 FOOT VARIANCE FROM THE MAXIMUM 15 FOOT CURB CUT WITH TO ALLOW MAXIMUM OF A 29 FOOT CURB CUT. AND THREE, CAN YOU EXPLAIN SOMETHING TO ME? YES, SIR. I HEAR, I'M READING WHAT YOU'RE SAYING. YOU'RE ASKING FOR, IT'S ASKING FOR AN 11 FOOT, 11 INCH VARI FROM THE MAXIMUM 24 TO BE LESS THAN 24. THAT'S [02:15:01] WHAT'S WRITTEN AND THAT'S WHAT YOU READ. DOES THAT MAKE SENSE TO YOU? I UNDERSTAND, SIR. WE WE GOOD CATCH. WE'RE WE'RE TALKING ABOUT IT NOW. ONE SECOND PLEASE. NOW, I BELIEVE THE MAXIMUM FOR THAT CURB CUT WOULD BE 12 FEET, NOT 24 FEET. THAT IS CORRECT. WE'RE CORRECTING IT NOW, SIR. AND WAS THE VARIANCE FROM THE 12 FOOT DRIVEWAY WIDTH? THAT IS CORRECT. THE M C D HAS A MAXIMUM, UH, 12 FOOT DRIVEWAY WIDTH. NOW YOU'RE CHANGING THE WRONG NUMBER. , I APOLOGIZE. 12 FOOT DRIVEWAY CURB CUT IS, IS 15 FOOT MAXIMUM. RIGHT. SO CURRENTLY, ULTIMATELY THERE'S MORE, MORE CEMENT THAN IS ALLOWED BY THE N C D, RIGHT? ONE SECOND. ONE SECOND WHILE WE GET THIS CORRECTED. THERE YOU GO. NOW GET THE, GET THE, UH, THE 2311 BACK ON AFTER, AFTER THE DRIVEWAY WIDTH BE ALLOWED. 23 OR 24 SPOT. I DON'T CARE. IT'S CURRENTLY LARGER THAN THAT, BUT THE MAXIMUM WE ARE ALLOWED TO GO IS LESS THAN A HUNDRED PERCENT. SO THAT'S WHY WE'RE GOING WITH THESE NUMBERS. VERY GOOD. I UNDERSTAND. OKAY. I JUST WANTED TO MAKE SENSE. IT WAS BECAUSE THE VARIANCE , I APOLOGIZE FOR THE, THE MISTAKE THERE. OKAY, BUT YOU'VE GOT IT AGAIN WRONG. UH, YOU'VE GOT THE VARIANCE FROM THE MAXIMUM OF, OF 12 FEET INSTEAD OF 2311 TO A DRIVEWAY TO THE OF 23. THERE WE GO. AND, AND 23, UH, 11 ON THE NEXT ONE. OKAY, THAT MAKES SENSE. ALL RIGHT, CONTINUE. OKAY, HERE WE GO. LET'S TRY THIS AGAIN. ONE 11 FOOT, 11 INCH VARIANCE FOR THE MAXIMUM 12 FOOT DRIVEWAY WIDTH TO ALLOW A 23 FOOT 11 INCH DRIVEWAY WIDTH. TWO A 14 FOOT VARIANCE FROM THE MAXIMUM 15 FOOT CURB CUT WITH ALLOW MAXIMUM OF 29 FOOT CURB CUT AND THREE A 20% VARIANCE FROM THE 50% FRONT YARD IMPERVIOUS COVER LIMITATION TO ALLOW 70% OF THE TOTAL. THE FRONT YARD TO BE IMPERVIOUS COVER CURRENT ZONING IS R SIX NCD FIVE A H O D. NEXT SLIDE. THE APPLICANT IS REQUESTING, UH, TO KEEP A MAJORITY OF THE IMPERVIOUS COVER AS IS WITHIN THE FRONT PROPERTY. MEASURING IT AT 70% IMPERVIOUS. IT IS 20% ABOVE THE 50% LIMIT ALLOWED BY CODE. ADDITIONALLY, THE DRIVEWAY WIDTH AND CURB CUT WERE ALSO EXTENDED TO COMPENSATE FOR THE INCREASED IMPERVIOUS COVER. THE WIDTH OF THE DRIVEWAY WITH ADDITIONAL IMPERVIOUS COVER IS APPROXIMATELY 30 FEET IN WIDTH. THE M C D STANDARD FOR THE DRIVEWAY WIDTH IS A MAXIMUM OF 12 FEET. AS THE BOAS PURVIEW IS TO ALLOW VARIANCES FROM THE CODE REQUIREMENTS, THE APPLICANT CAN ONLY REQUEST LESS THAN 24 FEET. IN THIS CASE, THE MAXIMUM REQUEST WOULD RESULT IN A DRIVEWAY WIDTH OF 23 FEET AND 11 INCHES. REGARDLESS OF THE OUTCOME OF THIS REQUEST, THE DRIVEWAY WILL NEED TO BE MODIFIED FROM ITS CURRENT CONDITION. THE OWNER HAS AGREED TO LEAVE A SEPARATION FROM THE DRIVEWAY FOR A WALKWAY DURING THAT TIME. THAT IS ALSO PART OF THE CODE REQUIREMENT TO HAVE A WALKWAY SEPARATE FROM YOUR DRIVEWAY. THIS IS A PHOTO OF THE SUBJECT PROPERTY CURRENTLY AND THE SURROUNDING AREA. OKAY. STAFF RECOMMENDS DENIAL OF VARIANCE BO O A 21 0 3 0 0 0 4 0 BASED ON THE FOLLOWING AND FINDINGS. ITS FACT THE REQUESTED IMPERVIOUS COVER REDUCES THE ABILITY FOR STORMWATER TO ENTER THE GROUND, WHICH CAN HARM ADJACENT PROPERTIES. AND THE IMPERVIOUS COVER HAS CREATED AN INCONSISTENCY AND IS AL HAS ALTERED THE ESSENTIAL CHARACTER OF THE NEIGHBORHOOD. THE REQUESTED IMPERVIOUS COVER AN EXTENDED DRIVEWAY AND CURB CUT DETRACTS FROM THE CHARACTER OF THE COMMUNITY AND DIRECTLY GOES AGAINST THE DESIGN GUIDELINES ADOPTED BY THE BEACON HILL OR BY BEACON HILL. NEXT SLIDE. 24 NOTICES WERE SENT OUT, ZERO IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM THE BEACON HILL NEIGHBORHOOD ASSOCIATION. WE DO HAVE THE APPLICANT, DEBORAH SHARP ON THE LINE AND WE DO HAVE A PRESENTATION WE'LL BE PRESENTING FOR HER. MS. SHARP, WHEN YOU'RE READY, UM, JUST LET US KNOW WHICH SLIDE YOU'D LIKE TO GO TO AS YOU'RE PROBABLY WATCHING IT ON A DELAYED TIME. PLEASE ADVISE WHENEVER YOU'RE READY, MA'AM, ADDRESS FOR THE RECORD. GO AHEAD MS. SHARP. UH, ALRIGHT. I JUST UNMUTED. I, I GUESS THAT'S OKAY. OKAY. WE CAN HEAR YOU. GO AHEAD. OKAY. UM, I, I GUESS I WOULD LIKE TO, YOU KNOW, GO IN ORDER. I HAVE IT LIKE ONE THROUGH 13. WE'RE [02:20:01] READY WITH THE SLIDES WHEN YOU ARE. JUST LET US KNOW WHAT SLIDE NUMBER YOU'D LIKE TO GO TO NEXT SO WE CAN GET TO IT. IF YOU'RE WATCHING IT ONLINE, IT'S PROBABLY DELAYED. SO JUST LET US KNOW THE SLIDE AND WE'LL GET THERE. ZEKE, PLEASE HAVE HER ADDRESS, HER NAME AND ADDRESS FOR THE RECORD BEFORE SHE CONTINUES. OH, I'M SORRY. MY NAME IS DEBORAH SHARP, 2 7 5 BURTON ROAD IN MONTICELLO, ARKANSAS. PLEASE, IS CONTINUE WITH YOUR CASE. OKAY. UM, ARE Y'ALL ON NUMBER TWO? I MEAN, 'CAUSE I CAN'T YES, MA'AM. JUST LET US KNOW THE SLIDE NUMBER AND WE'LL WE'LL SHOW IT FOR YOU, OKAY. OKAY. NUMBER TWO, WE'RE THERE. ALL RIGHT. THIS, THIS IS WHERE I LET YOU KNOW ABOUT MY SON JACKIE SHARP. THIS THIS IS HIS PROPERTY, UM, NOT MINE. UM, I JUST WANT Y'ALL TO KNOW THE REASON HE IS NOT HERE, AND I DON'T KNOW IF Y'ALL CAN READ IT OR IF I'M SUPPOSED TO READ IT TO YOU ON WHAT IT SAYS GO. YOU CAN GO AND PRESENT IT, MA'AM. AND THEN, UM, IF YOU WANNA SUMMARIZE IT, THAT'S YOUR CALL AS WELL. BUT WE'LL GO THROUGH THE SLIDES AS YOU NEED IT. OKAY. UM, UM, NUMBER TWO, IT SAYS MEET JACKIE SHARP, WHO IS MY SON. HE'S A HUNDRED PERCENT DISABLED ARMY WAR VETERAN WHO RECEIVED THREE PURPLE HEARTS AFTER BEING BLOWN UP FOUR TIMES IN AFGHANISTAN. AND HE HAS NEVER BEEN THE SAME SINCE HIS RETURN. JACKIE HAS BEEN FIGHTING WITH P T S D A D D AND MENTAL HEALTH ISSUES. HE'S IN AND OUT OF PSYCHIATRIC WARDS, MENTAL INSTITUTIONS AND JAIL. WHEN HIS MENTAL STATE SENDS HIM INTO PSYCHOSIS, SOME KIND OF THINGS HAPPEN. HE CHOSE SAN ANTONIO TO BUY HIS HOME EVEN THOUGH HE HAS NO FAMILY THERE. AND BECAUSE OF HIS LOUD P T S D OUTBURSTS OR BEING IN PSYCHOSIS, HE'S NOT WELCOME IN MANY PLACES THROUGHOUT SAN ANTONIO. AND WHICH MEANS A LOT OF TIMES HE DOES NOT KNOW WHERE TO TURN WHEN HE CAN HELP. UH, BECAUSE OF HIS MENTAL HEALTH, HE IS UNABLE TO BE HERE TODAY. THAT IS WHY I'M, I AM HERE ON BEHALF OF MY SON JACKIE SHAW. THAT DRAMA THERE IS FROM MY SON WHO DREW IT. AND IT GIVES YOU AN IDEA OF WHAT PEOPLE WITH MENTAL ILLNESS HAVE TO GO THROUGH. YOU KNOW, THE TERROR, JUST THE TERROR OF BEING LOCKED UP, YOU KNOW, FORCED MEDICATIONS AND, AND THINGS LIKE THAT. I NOW TO SLIDE NUMBER THREE. WHEN MY, WHEN MY SON MOVED INTO THIS PLACE, THERE WAS PRE-EXISTING CONDITIONS. THIS WAS BEFORE HE PUT IT IN THAT ONE 11, UH, 11 FOOT, 11 INCH DRIVEWAY. UM, ONE OF THE THINGS, AND I FEEL LIKE THIS MAKES THIS SORT OF LIKE A, UM, SPECIAL, A SPECIAL CIRCUMSTANCE TYPE OF THING, IT SHOWS HERE THAT RIGHT THERE, THAT WAS THE GARAGE WHEN HE BOUGHT IT, IT HAD ME CONVERTED INTO A STORAGE SHOP, SO HE WAS UNABLE TO PARK THERE. AND THEN RIGHT BEHIND, UM, THAT STORAGE SHED IS THE ALLEY. AND TO THE SIDE OF THAT GARAGE WHERE IT USED TO BE A GARAGE, IS A LITTLE MOTHER-IN-LAW SUITE AND THAT'S WHERE HE WAS FAILING. AND THEN FRONT IS THE BIG HOUSE. SO THAT, THAT RIGHT THERE, UM, KICKING OUT OF BEING ABLE TO PARK THERE. THEN ON SLIDE NUMBER THREE, WELL NO, FOUR, I DON'T KNOW WHICH ONE. IT'S NOT. YOU GIMME A NUMBER. WE'RE ON SLIDE THREE, MA'AM IS THE ONE THAT TALKS ABOUT THE UTILITY COMPANIES. OKAY. YES. THE UTILITY COMPANIES AND I GOT A BETTER PICTURE COMING UP. UM, ANOTHER SPECIAL CIRCUMSTANCES, OTHER PROPERTIES OR NEIGHBORS AROUND ME DON'T HAVE ALL THESE UTILITIES, HAVE ALL THIS STUFF IN THE FRONT YARD AND THAT TAKES, AND, AND YOU SEE HOW CLOSE IT IS TO THAT SIDEWALK AND STUFF LIKE THAT. HE CANNOT PARK ON THE SIDE BECAUSE OF THE UTILITIES. AND THEN THAT SIDEWALK BEING SO CLOSE ON THE RIGHT SIDE OF THE BIG HOUSE, HE CANNOT PARK THERE BECAUSE THAT'S HIS NEIGHBORS. THERE WAS A PREEXISTING DRIVEWAY THERE. UM, BUT THAT BIG HOUSE IS NOT WHERE HE STAYS. WELL, RIGHT NOW HE'S NOT EVEN IN SAN ANTONIO, BUT THAT'S NOT WHERE HE STAYED. HE STAYS BEHIND THAT BIG HOUSE BEHIND THE GATE. UM, NOW THE [02:25:01] DRIVEWAY, HE RENTS OUT THAT BIG HOUSE AND IN THEIR CONTRACT IT SAID THAT, UM, THAT THEY HAVE TWO SPACES THERE. SO HE'S REALLY NOT ALLOWED TO PARK THERE, YOU KNOW, I GUESS AS LONG AS THAT CONTRACT'S THERE, I THEN THE NEXT SLIDE, I, I DON'T GIMME NUMBERS, SO I HOPE Y'ALL CAN, I'M GOING IN ORDER. UM, SLIDE FOUR IS OF THE AERIAL, MA'AM. IT SHOWS PREEXISTING CONDITIONS. THAT'S THE ONE. OKAY, WELL I WAS JUST WANTING TO GIVE Y'ALL A TOP VIEW OF, UM, EVERYTHING LOOKS, UM, ONE THAT SAYS JACKIE IS WHERE MY SON STAYS, OR WHEN HE'S IN SAN ANTONIO. UH, THE STORAGE ROOM AS YOU SEE RIGHT THERE, THAT'S THE ONE THAT'S ON BLANCO STREET WHERE HE CAN'T EVEN PARK. THEN OF COURSE THERE'S THE, THE ALLEY BEHIND HIS PLACE THEN IN FRONT IS THE BIG HOUSE. AND I JUST WANNA GIVE Y'ALL A AERIAL VIEW OF, OF THAT. THEN THE NEXT SLIDE, WHICH IS, UH, REALLY JUST A PICTURE TO SHOW BIGGER OF WHAT IT LOOKED LIKE BEFORE HE MOVED IN AND BEFORE HE PUT IN THAT 11 FOOT, 11 INCH DRIVEWAY. THIS IS HOW IT LOOKED. I MEAN THERE WAS NO SIDEWALK RIGHT THERE WHERE THAT GREEN GRASS BIG, THAT SORT TORE APART. YOU LOOK AT THE SIDEWALK THAT GOES TO THE HOUSE, IT WAS ALL BROKEN UP. AND IF YOU LOOK, IT IS SORT OF LIKE ATTACHED TO THE DRIVEWAY. MIGHT BE A ORANGE TO EACH, UM, THERE. AND ALSO IN THE DRIVEWAY, IF YOU LOOK, THERE'S A SECTION THAT, THAT THEY HAD PUT IN BEFORE HE MOVED IN. IT GOES TO MAKE THEIR DRIVEWAY, UH, WIDER AND THAT WAS PRE-DONE. AND YOU CAN SEE, GET A BETTER VIEW OF ALL THESE UTILITIES THAT'S IN THE FRONT YARD. AND YOU SEE THAT BEGIN WITH, HE REALLY DIDN'T HAVE MUCH FRONT YARD BECAUSE THAT JUST, THAT BIG THING RIGHT THERE TAKES OF A LOT OF THE, YOU KNOW, FRONT YARD. THEN ON THE NEXT SLIDE, THIS ALSO IS BEFORE HE PUT THE DRIVEWAY IN. AND I FEEL LIKE THE UNIQUE, UNIQUE CIRCUMSTANCES THAT THIS ON THE PROPERTY DUE TO IT BEING A CORNER LOT, BUT HE'S FORCED TO HAVE A DRIVEWAY. HE'S FORCED TO HAVE A DRIVEWAY IN THE FRONT YARD AND THERE'S NO OTHER PLACE HE CAN PUT IT. AND ALSO THERE'S NO PLACE BEHIND HIM. NOTHING LAST WEEK, WHICH I ALREADY SHOWED YOU 'CAUSE IT'S THE ALLEY. AND THEN, UM, I'VE TALKED ABOUT THE UTILITY COMPANIES, WHICH ALREADY, YOU KNOW, SAID, AND ALL THE OTHER PROPERTIES, YOU KNOW, DON'T HAVE ALL THAT STUFF LOCKED HE DOES IN HIS FRONT YARD. UM, THEN I TALK ABOUT THE DRIVEWAY ON BLANCO STREET, HE CAN'T USE BECAUSE I THINK IT WOULD ALSO TAKE UP PART OF THE SIDEWALK IF HE TRIED TO PUT A CAR THERE. UM, ANYWAY, HE'S NO WAY, THERE'S NO WAY TO, FOR HIM TO HAVE A DRIVE ON THE LEFT OR THE RIGHT SIDE OF THE HOUSE, LIKE THE NEIGHBORS BESIDE HIM DOES ON THE NEXT LOT. I, I JUST WANT TO EMPHASIZE, YOU KNOW, 'CAUSE HE, WHEN YOU LOOK AT THE DRIVEWAY HE PUT IN, YOU'LL SEE THAT IT COVERED THAT GRASS AREA THERE. SO I JUST WANTED JO, UM, SO LIKE, TAKE NOTE THAT YOU KNOW, IT, IT WASN'T THERE BEFORE. AND THE NEXT SLIDE, THIS IS WHERE HE HIRED A CON, A CONTRACTOR. HE ASSURED HE WAS ASSURED HE WAS THE CONTRACTOR, ASSURED HIM HE WAS PULLING A PERMIT. THE CONTRACTOR NEVER TELL MY SON WHAT, UH, WHAT HE WAS WANTING TO ADD AND WHAT HE WAS PAYING HIM FOR WOULDN'T ALLOW, BECAUSE THEN MY SON DON'T KNOW ABOUT, ABOUT ALL THIS STUFF. SO HE JUST, LIKE, HE GOES TO A PROFESSIONAL, YOU KNOW, THEY WOULD LET HIM KNOW, HEY, YOU CAN'T DO THIS, YOU CAN'T DO THAT. THIS CONTRACTOR WASN'T LIKE THAT. UM, ANYWAY, WHEN HE DID ALL THAT, BECAUSE YOU KNOW, HE, HE LOST A LOT OF MONEY ON PUTTING THAT DRIVEWAY IN. IT'S NOT EVEN PROPERLY DONE AND PROBABLY GONNA TEAR APART WITHIN A YEAR OR TWO. I MEAN, JUST LOOKING AT IT. 'CAUSE WHEN I WENT THERE TO GO TO THAT, UM, APPEARANCE AND SPENDING ANTONIO OUT WITH THAT CITATION, IT UM, IT LOOKED LIKE IT WAS WET. AND THAT WAS SORT OF WEIRD 'CAUSE IT HADN'T EVEN RAINED. AND I MEAN, IT JUST, HE, HE WENT AND BOUGHT SOME BAGS OF CEMENT, THE CONTRACTOR DID AND PUT IT ON THERE OVER SOMETHING THAT HAD ALREADY DRIED. SO HE, HE, I, I DON'T KNOW WHAT, WHAT HE WAS DOING. WELL MY SON AT THE TIME HAD, UM, REAL PROPERTY MANAGEMENT ALAMO AS THE PROPERTY MANAGER FOR THE FRONT HOUSE. UM, BUT HE, [02:30:01] BECAUSE HE HAD ASKED HIM IF THEY WOULD HELP HIM BECAUSE HE HAD GOTTEN A LETTER, UH, FROM, I DON'T KNOW WHAT ALL THE NAMES ARE CALLED, OFFICIALS AND STUFF. BUT HE HAD COME AND SAID HE WAS NOT IN COMPLIANCE BECAUSE THE PERMIT WAS NOT PULLED. AND YOU SEE HERE, THAT GUY TOLD MY SON HE WAS GETTING THE PERMIT. MY SON DIDN'T KNOW, HE WASN'T, UM, ANYWAY, REAL PROPERTY MANAGEMENT, THEY DROPPED MY SON BECAUSE OF HIS MENTAL HEALTH ISSUES AND DISABILITIES AND HIS LOUD OUTBURSTS. HE, HE HAS AT TIMES ESPECIALLY, UM, LIKE WHEN IT WAS THE 4TH OF JULY, THERE WAS FIVE O'CLOCKS AND STUFF GOING ON AND HE SORT LOST IT A LITTLE BIT. UM, BECAUSE THAT HAPPENS WHEN YOU HAVE P T S D THAT OFF STUFF. UM, BUT THEY, THEY DID, EVEN AFTER THEY DROPPED HIM, THEY DID GIVE THE NAME AND NUMBER OF THE CONTRACTOR AND THIS WAS THE NICE CONTRACTOR. UM, AND I DON'T HAVE THIS, UH, TYPE CORRECTLY, BUT THE CONTRACTOR TALKED TO THE CITY OF SAN ANTONIO AND TOLD THEM THAT THERE WAS NO CASE OPEN. NO, HE DIDN'T TELL THEM. THEY TOLD HIM THERE WAS NO CASE OVER WHEN HE WENT TO TRY TO PULL A PERMIT, THEY SAID THAT, YOU KNOW, HE COULDN'T DO THAT BECAUSE THERE WAS NOTHING THERE. AND THEN, UM, HE OBVIOUSLY THE ADMINISTRATIVE CITATION, THEY MAILED IT HERE TO MONTICELLO. AND OF COURSE MY SON HAD ALREADY GOTTEN LETTER PREVIOUSLY, BUT HE LOST IT. HE LOSES THINGS A LOT. UM, AND IT SAID THAT THE CONCRETE DRIVEWAY APPROACH WAS CONSTRUCTED, CONSTRUCTED WITHOUT A PERMANENT. SO I HAD A DRIVEWAY, SAN ANTONIO AND I WENT TO COURT THERE AND THEY GAVE ME 30, I THINK IT WAS 30 DAYS OR NO, NO, IT WAS LONGER THAN THAT. I CAN'T REMEMBER. I'M SO SORRY. UH, BUT THEY, THEY TOLD ME I HAD TO GET A PERMIT POOL FOR THAT CONCO CONCRETE DRIVEWAY APPROACH. BUT WHILE I WAS IN SAN ANTONIO, I GOT SO CONFUSED. I WENT TO THAT GREAT BIG OLD BUILDING THAT HAS A WHOLE BUNCH OF DIFFERENT, UM, UH, DEPARTMENTS IN IT. LIKE IT HAS LIKE TRAFFIC. I I GUESS THE, UM, FOR ALL THE DIFFERENT KINDA PEOPLE THAT SETS OUT THE RULES AND STUFF. AND I WAS BEING TOLD DIFFERENT THINGS, WELL NO, YOU HAVE TO DO THIS FIRST BEFORE, BEFORE YOU CAN DO THIS. THEN I GO TO THAT DEPARTMENT. NO, YOU CAN'T DO THIS UNTIL YOU DO THIS. AND I, I MEAN, I, I WAS JUST, I, I DIDN'T KNOW WHAT TO DO BECAUSE I DON'T UNDERSTAND ALL THESE ROOTS. I LIVE IN THE COUNTRY. WE DON'T, WE DON'T, YOU KNOW, WE'VE NEVER HAD TO EXPERIENCE ANYTHING LIKE THIS. SO I WENT TO THE COUNCIL ONE, UM, OFFICE AND I TALKED TO, I BELIEVE HER NAME WAS MS. DENISE. AND, UH, I WAS ABOUT TO HAVE A BREAKDOWN, BUT SHE SAID SHE WOULD HELP ME AND SHE CONTACTED, I CAN'T REMEMBER THINGS VERY GOOD IN MY HEAD, BUT MR. OLGA. AND, UM, OH LORD, I, I GET NERVOUS, I'M SORRY. AND, UH, HE WAS TRYING TO HELP ME AND LET ME KNOW WHAT I NEEDED TO ASK FOR BECAUSE I, I HAD NO IDEA. UM, AND THIS WAS WAY BACK 'CAUSE I, MY VARIANT HEARINGS BEEN, YOU KNOW, SAID BACK SEVERAL TIMES, YOU KNOW, BECAUSE OF THE COVID 19 AND EVERYTHING AND YOU KNOW, FOR, FOR, TO KEEP THE SAFETY AND HEALTH OF EVERYONE. AND THIS IS MY FIRST TIME TO DO IT. UM, IF I DON'T MAKE NO SENSE, PLEASE, PLEASE TELL ME. AND THEN, UM, THE NEXT SLIDE, THIS IS THE DRIVEWAY. MY SON PUT ME IN THE 11 FOOT, 11 INCH DRIVEWAY ON THE LEFT. UM, AND YOU SEE HE ALSO PUT IN A WALKWAY THERE. I GOT SOME WORDS, PIPE ON THE PICTURE, AND YOU SEE HOW IT COVERS THAT, THAT OPEN GRASS, IT WAS OPEN GRASS THERE. SO THAT, THAT, THAT'S NOW COVERED. BUT HE PUT IN THAT, THAT WALKWAY ALSO TO GO BEHIND TO GET TO HIS, UH, LITTLE MOTHER-IN-LAW'S SUITE BECAUSE THAT'S WHERE HE FACES BEHIND THE BIG HOUSE. AND TO THE RIGHT, THAT DRIVEWAY THERE BELONGS TO THE NEIGHBORS. AND RIGHT IN FRONT OF THE BIG HOUSE, THAT'S THE DRIVEWAY THAT THE RENTAL PEOPLE WOULD BE USING ON. THAT'S ON THE RIGHT. AND, AND IF YOU LOOK, THERE'S NO WALKWAY ANYMORE BECAUSE THAT CONTRACTOR HAD COVERED ALL THAT UP. BUT IF YOU SAW THE PREVIOUSLY HOW IT LOOKED, IT WASN'T A GOOD CONDITION THING. BUT AS A CONTRACTOR, HE SHOULD HAVE KNOWN HOW YOU, I GOT, I GOTTA KEEP THIS THERE, BUT HE DIDN'T. AND ANYWAY, THE REASON MY [02:35:01] SON PUT THAT IN JUST SO HE WOULD HAVE A PLACE TO PARK, THEN IF HE KEEPS GOING DOWN, THAT'S A CLOSER LOOK. AND YOU CAN SEE BY THE WORKMANSHIP OF IT, YOU KNOW, THE DIFFERENT COLOR OF THE CONCRETE, YOU KNOW, IF THAT WAS, UM, BUT IT'S NOT A GOOD JOB. AND UH, THEN I DON'T KNOW IF Y'ALL CAN READ IT, BUT THEN I, I START TALKING ABOUT MY SON BECAUSE THIS IS VERY HARD ON ME AND, AND ON HIM. I MEAN, HE HASN'T EVEN BEEN ABLE TO GET BACK TO THE SAN ANTONIOS THAT, I DON'T KNOW IF IT WAS OCTOBER OR NOVEMBER, HE HASN'T EVEN BE ABLE TO GET OUT. AND TO GO BACK TO SAN ANTONIO, HE DID GET LOOSE FOR ONE DAY AND HIS COUSIN HAD TO GO AND FIND HIM 'CAUSE HE COULDN'T GET BACK TO ELLO. HE KEPT GETTING LOST. UM, BUT ANYWAY, HE PUT HIS TRUST AND FINANCES INTO THAT DRIVEWAY. HE COULDN'T EVEN GET RECEIPTS FOR EVERYTHING. THE MAN SAYS, I DON'T, I DON'T HAVE A RECEIPT TODAY. I'LL GIVE IT TO YOU NEXT TIME. AND HE COULDN'T EVEN GET RECEIPTS FOR ALL THAT STUFF. I DO HAVE ALL THE CONVERSATIONS. WELL I DID UNTIL HE, MY SON THREW OUT HIS PHONE. BUT MS. DENISE SAW WHERE THEY HAD TEXTED EACH OTHER AND, UH, I, AND I HAD TAKEN PICTURES OF MY SON'S PHONE PRIOR, PROBABLY SEVERAL MONTHS AGO OF THE CONVERSATION. SO WHAT THE CONTRACTOR SAID HE WOULD WOULDN'T DO, AND WHICH EVERYTHING HE SAID HE WOULD DO, A LOT OF TIMES HE WOULDN'T DO THE FIRST SEVERAL DAYS OR A WEEKS LATER. BUT ANYTIME, ANYTIME SOMEONE DOES SOMEONE WRONG, LIKE IF THAT HAD HAPPENED TO JUST SOMEONE WHO DID NOT HAVE MENTAL HEALTH ISSUES, I MEAN THAT WOULD CAUSE HIM, YOU KNOW, EMOTIONAL, YOU KNOW, IT WOULD BE A VERY EMOTIONAL THING. AND, AND, AND IT WOULD'VE HURT THEIR MENTAL HEALTH TOO. BUT, BUT SOMEONE WHO'S NOT MY SON, IT SORT OF AFFECTS THEM PROBABLY LIKE 10 TIMES WORSE. HAD A LOT OF EXPERIENCE OF REJECTION. UM, BECAUSE LIKE A LOT OF THE BUSINESSES WHO DON'T UNDERSTAND P T S D AND MENTAL HEALTH AND STUFF, THEY KICK HIM OUT OF THE STORE BECAUSE HE MIGHT START YELLING OR SOMETHING OR HE MIGHT BE LOOKING AT YOU AND, AND I'LL TELL YOU, WHEN YOU HAVING A P T S D THE ISSUE OR GOES THROUGH PSYCHOSIS, JUST LOOK ALONE CAN SCARE YOU. BUT, BUT THAT'S BECAUSE PEOPLE DON'T UNDERSTAND THAT IT'S MENTAL HEALTH. HE HAS A SICKNESS AND THIS WAS CAUSED BY HIM TRYING TO SAVE THE LIVES OF THE PEOPLE IN AMERICA. BUT WHEN THEY COME BACK, YOU KNOW, PEOPLE MIGHT SAY, YOU KNOW, OH, THANK YOU FOR YOUR SERVICE, THANK YOU FOR YOUR SERVICE. BUT THEY REALLY DON'T WANT THEM AROUND THEM BECAUSE OF HOW THEY ACT DIFFERENTLY THAN ANYBODY ELSE. AND I KNOW THIS HAS NOTHING AT ALL TO DO WITH WHAT I'M ASKING FOR, BUT I JUST WANTED TO GET Y'ALL SOME UNDERSTANDING OF WHAT HE'S BEEN GOING THROUGH. I MEAN, EVEN ON HIS FIRST PROPERTY MANAGER, THEY JUST CONTINUED THEIR SERVICE WITH HIM BECAUSE ON 4TH OF JULY HE, HE DID OUTBURSTS AND HE HAD SOME RENTS THERE. THEY STAYED THREE DAYS AND HE SCARED THEM. AND I THINK HE STARTED MAKING SOME KIND OF CDS OR CDS. AND WERE YOU IN PSYCHOSIS? YOU, YOU SAY THINGS THAT, UH, SCARY. I MEAN IT CONFUSES THAT I, I KNOW WHEN HE'S IN PSYCHOSIS 'CAUSE HE, INSTEAD OF YOU, HIM CALLING ME MOM, HE'LL CALL ME LITTLE DEBBIE. SO I ALWAYS KNOW WHEN HE'S IN PSYCHOSIS WHEN HE CALLS ME THAT IT'S EITHER THE BEGINNING STAGE, BUT THEN IT GETS WORSE. HE'LL START GETTING, SAYING WORDS, JUST NOT NICE LITTLE CRITICAL WORDS TO YOU. AND I CAN UNDERSTAND PEOPLE WHO DON'T NOT WANNA BE AROUND THAT, BUT THEY ALSO HAVE TO UNDERSTAND IT IS A SICKNESS. HE JUST NEEDS SOME KINDNESS AND SICKNESS AND LOVE AND JUST SOMEONE UNDERSTANDING, YOU KNOW, A MENTAL ILLNESS AND NOT REJECTING HIM. I MEAN THAT ALONE, TO HELP SOMEONE WHO HAS MENTAL HEALTH ISSUES, UM, COME BACK TO REALITY INSTEAD OF LOSING IT COMPLETELY. IF YOU SEE MY SON RIGHT THERE, UM, HE HAD, HE'S PICKING UP SOME BIRD FEEDERS THERE. UM, 'CAUSE HE LIKES ANIMALS. HE LOT, HE LOVES WATCHING THE BIRDS. HE HAD A DOG WITH THE DOG GOT STOLEN. UH, NEXT TO THE, HE HE ALSO HAD HIS HOUSE ROBBED ALSO. THE NEXT SLIDE, THIS IS A COUPLE MORE DRAWINGS THAT HAS NOTHING TO DO WITH ANYTHING ABOUT THE PROPERTY OR ANYTHING, BUT, UM, IT, IT JUST TO SHOW YOU, I [02:40:01] MEAN, HE HAS TALENT ALSO. YOU KNOW, HE WAS, UM, ALSO TAKING PICTURES AND GOING TO STORES AND, AND TRYING TO SELL HIS PICTURES OF WHAT HE TOOK. HE MEANT HE WAS GOING TO COLLEGE THERE FOR A LITTLE BIT. AND THEN HE THOUGHT, BUT THIS IS A COUPLE OF THINGS HE DREW ON JUST THE CURRENT EVENT AND THE NEXT SLIDE IS JUST THANKING YOU OR YOU KNOW, 'CAUSE I DON'T KNOW WHAT ALL I SUPPOSED TO BE SAYING. I HOPE I PRESENTED WHEN I WAS SUPPOSED TO. AND, UM, I JUST WANNA THANK YOU AND, AND ALSO THANK DOMINIC SILVA BECAUSE WITH ME, I MEAN I ALSO HAVE ISSUES. I HAVE ATTENTION DEFICIT DISORDER AND OBSESSIVE COMPULSIVE DISORDER AND I MIGHT REPEAT MYSELF A HUNDRED TIMES, ASK THE SAME QUESTIONS A HUNDRED TIMES. AND, UM, DOMINIC WAS NICE AND UNDERSTANDING AND YOU KNOW, JUST, HE HAD TO KEEP REPEATING THIS STUFF TO ME AND I'LL PROBABLY ASK THE SAME QUESTION DID AND THAT, THAT THAT'S MY HEARING. AND I THANK Y'ALL FOR LISTENING TO ME. I SAID, THAT'S MY HEARING. I MEANT THAT'S MY, MY THING. DO I MUTE MY PHONE NOW? OKAY. JUST, JUST PAY, JUST LISTEN ON WE HAVE SOME MORE INFORMATION. UM, OKAY, WELL I'VE SEEN ALL THAT. UH, ZACH, DO WE HAVE ANY OTHER PUBLIC INPUT? NONE, SIR. THAT WAS IT. OKAY. DOES ANYONE ON THE BOARD HAVE ANY QUESTIONS FOR THE APPLICANT HERE? DELMER? YES, MR. DELMER, GO AHEAD. UH, UH, MS. SHARP, I WAS CURIOUS. YES, YOUR SON LIVES IN THE BACK HOUSE AND HE RENTS THE, THE MAIN HOUSE FOR INCOME. THEY HELP PAY HIS MORTGAGE, BUT HE HASN'T MADE HARDLY ANYTHING FROM THAT BECAUSE IT'S A REALLY OLD HOUSE AND HE HAS TO, HE HAS TO KEEP MAKING REPAIRS ON IT. I UNDERSTAND THAT. I MEAN, THAT'S, THAT'S HIS MAIN, I MEAN, THAT'S WHAT HE WANTS TO DO. HE WANTS TO KEEP THE MAIN HOUSE AS RENTAL INCOME FOR HIM. SO HE IS ABLE TO KEEP THE HOME. YEAH, BECAUSE YEAH, IT HELPS FINANCIALLY AND HE, HE WANTS TO, HE'S JUST, JUST PROTECTED IN THAT LITTLE HOUSE BEHIND HIM BECAUSE HE, IT HAS THAT FENCE, UM, IN THE HOUSE IN FRONT. OKAY, THANK YOU VERY MUCH. YES, SIR. BRAGMAN, UM, MS. BRAGMAN, GO AHEAD. YES, MS. SHARP. SO DO I UNDERSTAND, UM, THAT THE LEASE CONTRACT FOR THE BIG HOUSE REQUIRES OR GUARANTEES THE FOLKS THAT ARE IN THERE TO PARKING SPACES? IS THAT, THAT I, I SAW THAT IN THE CONTRACT. YES, SIR. OKAY. THIS IS AFTER THEY HAD MOVED IN. OKAY, SO THAT'S WHY YOU ADDED OR HE ADDED ANOTHER SPACE SO HE WOULD HAVE SOMEPLACE TO PARK PLUS THE TWO SPACES FOR THE TENANTS. YES, SIR. OKAY. THANK YOU. YES, SIR. ANY OTHER QUESTIONS FOR THE BOARD? UH, ORIAN, MR. ORIAN, GO AHEAD. YES. UH, SO I'M LOOKING AT THE, THE SURVEY THAT'S PART OF THE, UH, UH, FILE. AND YOU HAD, YOU HAD MENTIONED, UH, AND I SAW IN THE PICTURE, UM, ALL THE ITEMS THAT WERE, UH, UTILITY RELATED IN THE FRONT, BUT THE PROPERTY LINE IS SET BACK FAIRLY BEYOND WEST GRAMERCY. UM, IS THERE ANY EASEMENTS ON THE FRONT OF YOUR PROPERTY THAT WOULD, THAT WOULD, UH, REDUCE YOUR ABILITY TO PUT OR DO THINGS IN THE FRONT YARD? UH, AND WHERE I'M GOING WITH THAT IS, IS, UM, YOU KNOW, WITH REGARD TO THE 50 CENT, 50% IMPERVIOUS COVER, UM, I'M CURIOUS TO KNOW IF THERE WAS AN EASEMENT THERE AND A UTILITY COMPANY WERE TO PUT IN HAVEN OR IMPROVEMENTS, DOES THAT COUNT AGAINST THE HOMEOWNER TOWARDS THAT 50% RULE? SO I GUESS THAT WOULD BE FOR STAFFING. I I'M SORRY, IS THAT QUESTION TO, TO ME, OR, WELL, I GUESS IT'S, UH, IT WAS ORIGINALLY TO YOU. I WAS ASKING IF YOU HAD A, IF IT WAS AN EASEMENT IN THE FRONT, BUT, UM, I GUESS IT'S FOR STAFF BECAUSE I DIDN'T, I WAS LOOKING AT THE SURVEY AND IT SHOWS THAT YOUR PROPERTY LINE IS SET BACK PRETTY FAR FROM THAT STREET, UH, THE ASPHALT OF THE STREET. SO I'M, UM, SO FOR STAFF, IF, IF THERE WAS AN EASEMENT THERE AND, AND WITH THE UTILITIES, DOES THAT REDUCE HOW, HOW YOU LOOK AT THAT 50% CALCULATION? IF, IF, IF IT'S OUT OF, IF IT'S A PROPERTY THAT'S OUT OF THEIR CONTROL? WELL, IF [02:45:01] THE EASEMENT IS ON THEIR PROPERTY, IT IS CALCULATED IN, IF THE EASEMENT IS OUTSIDE OF THEIR PROPERTY LINE, THEN IT'S NOT CALCULATED IN. OKAY. OKAY. THANK YOU. TO ANSWER, ANSWER YOUR QUESTION, OREN, YOU'RE ABSOLUTELY 100% RIGHT BACK FROM THE STREET TO PROPERTY LINES APPROXIMATELY 20 FEET ACCORDING TO THE COUNTY MAPS. YEAH. AND THAT WOULD OBVIOUSLY MAKE A SMALLER NUMBER FOR THE PERCENTAGE TO BE TAKEN. UM, SO, UH, THAT'S JUST, UH, THE WAY THE COUNTY, UH, OR AT LEAST THE PROPERTY LINES THAT MUCH OF A SETBACK BACK. SO THAT UTILITY, UH, BOX THAT YOU SEE FOR THE TRAFFIC LIGHTS IS ACTUALLY ON PUBLIC RIGHT OF WAY. YEAH, THAT'S WHAT I WAS THINKING. HOWEVER, NORMALLY I THINK THAT WE DO TAKE THAT INTO CONSIDERATION WHEN WE'RE TALKING ABOUT, UH, ALLOWING, UH, MORE IMPERVIOUS COVER. YEAH, BECAUSE 'CAUSE WHEN I, WHEN I LOOK AT THAT SURVEY AND, AND YOU CAN SEE THE, THE, YOU LOOK AT WHAT THE, THE LOOK AT THE DRIVEWAY AND LOOK AT THE LAND NEXT TO IT, THEY'RE JUST, IT APPEARS LIKE THEY'RE JUST UNDER 50% NOW. AND I, I JUST, UH, I'M JUST TRYING TO FIGURE OUT, 'CAUSE THEY HAD AN EXISTING SIDEWALK THAT WENT UP THERE. AND SO WHEN YOU WIDEN THE DRIVEWAY A LITTLE BIT, I'M JUST CURIOUS TO SEE HOW THAT 50% IS, YOU KNOW, THEY SAID THEY WERE AT 70, IT JUST SEEMED LIKE IT MIGHT BE LESS SINCE THE PROPERTY LINE IS SO SET BACK. WELL, JUDGING BY THE PHOTOS AND THE PROPERTY, UH, THOUGHT MAP THAT I'M LOOKING AT RIGHT NOW, ANY PORTION THAT THEY COVERED ADDITIONAL WOULD POTENTIALLY CUT INTO THE, UH, UH, OUS COVER REQUIREMENT. SO OBVIOUSLY HE TAKING THAT, THAT SIDEWALK ALL THE WAY TO THE END OF THE HOUSE BECAUSE SUBSTANTIAL PORTION OF HIS, UH, FREE GRASS AND, UM, REGARDLESS OF, OF THE, UH, THE CUT, THE SETBACK OR THE PROPERTY LINE BEING SET BACK SO FAR AWAY FROM THE STREET. UM, NOW AS FOR THE ACTUAL PERCENTAGE, YOU KNOW, WE HAVE TO GO BY THE NUMBERS THAT WE HAVE BEEN GIVEN. SO, UH, THE QUESTION REALLY COMES DOWN HERE IS THAT WE HAVE LIMITATIONS. NUMBER ONE, NO MATTER WHAT WE DECIDE TODAY, THERE'S GOING TO BE SOME CONCRETE BROKEN UP, PRIMARILY BECAUSE BY CODE IT'S ONLY ALLOWED TO BE SUCH SO WIDE. AND, YOU KNOW, YOU COULD HAVE LOOKED AT THIS FROM ANOTHER, ANOTHER REMEDY IF HE WOULD'VE TRIED TO REZONE THE PROPERTY. UM, BUT THAT'S NOT IN OUR PURVIEW AND THAT'S NOT SOMETHING WE'RE GONNA DISCUSS. BUT THE, THE FACT IS, IS THAT HE'S GOT TOO MUCH CONCRETE IN FRONT YARD, UH, AND BY THE TERMS OF WHAT IS THE FRONT OF THE PROPERTY STREET, AND, UH, YOU KNOW, HE'S GOT PLENTY OF GRASS ON THE SIDE OF THE PROPERTY IF YOU INCLUDE THE EASEMENT, BUT WE DON'T TAKE THAT IN CONSIDERATION. WHERE DOES THE FRONT OF THE YARD START? IS IT, UM, IS IT AT, AT THE EDGE OF THE PORCH OR AT THE, AT THE, THE HOME SIDE OF THE PORCH OR, OR THE FRONT OF THE GARAGE? THE FRONT, THE FRONT FACADE IS WHERE THE FRONT, THE FRONT YARD ENDS. SO YOU TAKE THAT LINE DIRECTLY PARALLEL, I MEAN, NOT PARALLEL. YOU, YOU, YOU WOULD LENGTHEN THAT LINE, UH, SIDEWAYS. THAT WOULD, THAT ANYTHING SOUTH OF THERE IN THE PHOTOGRAPH WOULD BE, UH, THE FRONT YARD. ANYTHING BEHIND THAT LINE WOULD BE . OKAY. I DIDN'T KNOW IF THE PORCH WAS PART OF THAT OR IT STARTED BEHIND THAT CORNER BECAUSE THAT, THAT, THAT'S A SUSTAIN, IT IS A SUBSTANTIAL AMOUNT OF GRASS THERE. SO THAT'S WHAT I WAS LOOKING AT. WELL, THE, THE PORCH IS, IS IS ALSO, UH, TIED TO THE REST OF THE HOUSE, WHICH APPEARS TO BE STEPS SITTING FORWARD. I DON'T THINK, I THINK THEY DRAW THAT LINE WHERE THE END OF THE HOUSE IS, UH, THE FURTHEST TOWARD THE STREET. SO THAT RIGHT SIDE WHERE THE, WHERE THE OLD DRIVEWAY IS, WOULD BE WHERE THE LINE FOR THE FRONT YARD AND BACKYARD. YEAH. OKAY. QUESTION IN HERE IS THAT, I MEAN, WHAT ARE WE GONNA DO HERE? OBVIOUSLY THIS PROPERTY IS, IS PRIME COMMERCIAL PROPERTY. UM, BUT THAT'S, UH, WE'RE DEALING WITH IT FROM A RESIDENTIAL STANDPOINT AND NOTED ACROSS THE STREET IS COMMERCIAL PROPERTY. IN FACT, IN I THINK THREE OF THE FOUR CORNERS, THERE ARE TWO OF THE FOUR CORNERS THERE ARE COMMERCIALIZED. TO A CERTAIN EXTENT, IF THIS WAS PROPERTY, WE'D BE TALKING ABOUT SOMETHING TOTALLY DIFFERENT. SO ANA, UM, [02:50:01] SO, SO IF THE, UM, THE NEW EXTENSION OF THE DRIVEWAY WAS SPLIT, SO THERE WAS A DIFFERENCE IN THE SIDEWALK. SO THERE WAS A, YOU KNOW, RELATIVE SAY GRASS THERE, UM, AND THE CUTOUT WAS REMOVED, BUT STILL ALLOWED FOR PARKING IN THAT ONE SECTION THAT THEY GOT TO THE 50%. WOULD THAT BE PERMITTED? UM, IN OTHER WORDS, IF ENOUGH CONCRETE WAS REMOVED AT THE STREET SIDE SO THAT, UH, UM, SO THAT THE DRIVEWAY, UH, THE ORIGINAL DRIVEWAY STILL COULD BE USED, BUT THE CAR PARKED IN THE, IN A SECTION OF THE NEW PIECE, WOULD THAT BE PERMITTABLE? AS LONG AS IT MET THE 50%. OKAY. WHAT WE CAN'T CHANGE IS, IS THE WIDTH OF THE DRIVEWAY BY CODE, WE CAN TAKE IT UP TO THAT MAXIMUM OF 23 FEET, 11 INCHES. OKAY. WHAT WE, WHAT WE CAN ASSUME IS IF, IF A PORTION OF THE CONCRETE IS REMOVED THAT HE COULD HAVE A, A, A VERY LARGE SIDEWALK NOW KNOW THAT WOULD BE AN INTERESTING QUESTION THAT THE CITY WOULD HAVE TO DEAL WITH. AND, UH, BUT THEN IT'D HAVE TO BE SOME SORT OF DIVISION BETWEEN THE TWO. AND, AND SECOND WOULD BE ONE QUESTION THAT WE HAVE TO ANSWER IS THE AMOUNT OF INFERRED A CHAIR. I HAVE A ANOTHER QUESTION. UM, THIS IS, THIS HAS TWO ACCESSORY DWELLING UNITS IN THE BACK. DON'T THEY HAVE AN ADDITIONAL PARKING REQUIREMENT BECAUSE THEY'RE BEING USED AS DWELLING UNITS THAT THE PROVISION OF, OF, OF A DRIVEWAY OF THIS WOULD BE MEET, WOULD HOPEFULLY BE MAKING THIS MEET A CODE REQUIREMENT? SO AN ACCESSORY DWELLING UNIT DOES NOT REQUIRE AN ADDITIONAL SPACE. IT SAYS IF YOU ARE PROVIDING PARKING FOR AN ACCESSORY DWELLING UNIT, IT SHOULD BE BE, UH, LOCATED BEHIND THE FRONT FACADE OF THE HUTT. UH, SO THAT'S WHAT THE CURRENT A D U REQUIREMENTS ARE. RIGHT? THANK YOU. BUT SINCE THE PROPERTY HAS SUCH A LARGE, UH, PUBLIC RIGHT OF WAY ON, ON THREE ON TWO SIDES, THE ONLY PLACE HE COULD PUT ANOTHER DRIVEWAY WOULD BE OFF OF, OF A BLANCO AND, AND HAVE TO FORFEIT THE DRIVEWAY TO THE OLD GARAGE BECAUSE YOU'RE NOT ALLOWED TO HAVE TWO DRIVEWAYS ON THE, ON A PROPERTY THIS SMALL, NOT ON THE SAME STREET. SO I MEAN, THIS IS GONNA TAKE SOME PLANNING HERE. SO I THINK THAT WE NEED TO ADDRESS THE ISSUE THAT'S COME BEFORE US, UH, IN THIS PARTICULAR INSTANCE. UH, IT IS A VERY, UH, UNIQUE CIRCUMSTANCE. AND YOU KNOW, THE INTERESTING PART ABOUT THIS IS THAT SOMEONE COULD COME AND BUY UP ALL OF BLANCO ROAD EASEMENT ON BOTH SIDES AND CONVERTED ALL THE COMMERCIAL IN THE FUTURE. UH, AND ALL OF THIS IS ALL MOOT, BUT THE POINT REALLY IS THIS IS WHAT WE HAVE TO DEAL WITH RIGHT NOW. SO LET'S KIND OF JUST STICK TO THIS POINT. SO IF WE'RE ONLY ALLOWED TO INCREASE THE DRIVEWAY TO 23 AND 11 INCHES, UM, THAT'S, I SUGGEST WE STICK WITH WHAT THE PUT INTO THE REQUEST. AND, UH, THE ONLY THING WE NEED TO ADDRESS IS THE AMOUNT OF IMPERVIOUS COVER. IF WE WANT TO ALLOW, UH, I BELIEVE THE REQUEST IS FOR THE ADDITIONAL 20% ABOVE THE 50% ALLOWED, AND IT WOULD BE, WE WOULD BE ACTUALLY BE TURNING OVER THE REMAINDER OF THE PROBLEM TO CITY STAFF. DOES EVERYONE UNDERSTAND WHAT I'M POINTING OUT? NOT REALLY CLARIFY. AGAIN, WHAT I'M SAYING IS THAT WE'RE ONLY ALLOWED TO, UH, TO HAVE A DRIVEWAY OF 23 AND 11 INCH, LIKE, UH, THE RULE, HOWEVER, THE ONE WE DO HAVE THE MOST FLEXIBILITY IS THE IMPERVIOUS COVER. UH, WE WANNA GRANT, UH, THE, THE REQUEST IS MADE, UH, ORIGINALLY, WHICH WOULD LIMITED IT TO THE, UH, SIZE OF 22 FEET, 11 INCHES WIDE DRIVEWAY, AND THEN OFFER THE 70% IMPERVIOUS COVER FOR THE YARD. THEN ALL THE REST OF IT, AS HE DEALT WITH, WOULD HAVE TO BE DUMPED BY CITY STAFF. THEY WOULD GIVE HIM AS MUCH COVERAGE AS HE COULD, COULD, UH, GET ACCOMPLISHED. IN OTHER [02:55:01] WORDS, CONCRETE HAS A LOT TO DO WITH HOW WE DEFINE IT. WHAT'S INTERESTING TO ME IS THE FACT THAT HE HAS A CONTRACT WITH SOMEONE RENTING THE HOUSE FOR, UH, TWO SPACES. PLUS HE'S, HE NEEDS ONE FOR HIMSELF. THAT'S WHERE I THINK THE BIG PROBLEM IS. THAT'S WHERE IT IS. DO I HAVE ANY, ANY, ANY MORE QUESTIONS? ANYONE HAVE ? GO AHEAD. UH, THIS IS, UH, FOR THE APPLICANT. UM, MS. SHARP, DO YOU KNOW HOW LONG THIS LEASE IS FOR, FOR THE TENANTS THAT ARE IN THERE CURRENTLY? IT'S A, IT'S A YEAR LEASE AND, AND IT STARTED WHEN IT STARTED IN NOVEMBER. ALL RIGHT. SO IT GOES THROUGH TILL THE END OF OCTOBER OF THIS YEAR? UM, I, I BELIEVE SO. I MEAN, I DON'T WANNA LIE TO YOU, BUT I, I BELIEVE SO. 'CAUSE I KNOW IT WAS NOVEMBER THEY MOVED IN, IT WAS THE END OF NOVEMBER, SO, OKAY. SO OCTOBER, NOVEMBER-ISH IS WHEN THE, THE LEASE ENDS. DO YOU KNOW IF ANYBODY HAS APPROACHED THE TENANTS ABOUT POSSIBLY, UM, SHARING THE, THE DRIVEWAY SO THAT YOUR SON COULD HAVE ONE SPACE AND THEY HAVE ONE SPACE? WELL, I KNOW, UM, HE HASN'T ASKED THEM. HE DOES HAVE A NEW PROPERTY MANAGER NOW, A, A, A DIFFERENT, UM, PERSON. SO I DON'T KNOW. THEY WERE THE ONE THAT MADE UP THE CONTRACTS AND EVERYTHING. I I DON'T KNOW IF HE, IF THAT PROPERTY MANAGER HAS EVER ASKED OR NOT. I, I DON'T KNOW. I MEAN, IT MIGHT BE SOMETHING CONSIDER, SON, GO AHEAD. I, I DON'T KNOW IF MY SON DISCUSSED IT WITH HIM OR NOT. DO YOU HAVE POWER OF ATTORNEY THAT YOU ARE AUTHORIZED TO SPEAK ON HIS BEHALF? YES, MA'AM, I DO. YOU MIGHT WANNA CALL THE PROPERTY MANAGER AND JUST SEE IF THERE'S SOMETHING THAT COULD BE WORKED OUT WITH THE TENANTS. THIS DOESN'T SOLVE THIS WHOLE PROBLEM, BUT AT LEAST MAY OFFER SOME RELIEF TO YOUR SON IN TERMS OF HAVING A PLACE TO PARK. NO, I MEAN, HE'S NOT IN SAN ANTONIO NOW. HE HAS HIS NEIGHBOR WHO, UM, HE, HE RENTS OUT ALSO THE ONE BEHIND HIM NOW BECAUSE THE, THE NEIGHBOR IS THE ONE THAT CALLED ME IN ARKANSAS, LET ME KNOW THAT MY SON WAS BEING ROBBED AND EVERYTHING. SO IT IS NOW, HIS RENTAL AGREEMENT IS THAT MY SON PAYS ALL THE UTILITIES FOR HIM AND STUFF, AND THEN HE, HE PAYS A PORTION AND, BUT, BUT IT'S LIKE, IT'S LIKE ROOMMATE TYPE OF CONTRACT ON THAT ONE. IT HAS ALSO ON THE CONTRACT THAT IF MY SON GETS IT, MAKE IT, IF HE, IF HE EVER GETS TO MAKE IT BACK TO SAN ANTONIO, UM, THAT, YOU KNOW, THAT'S ALSO HIS PLACE THAT TO LIVE. OKAY. SO THE, THE TENANT THAT'S IN THE OTHER BUILDING NOW, THE ROOMMATE, IS HE GUARANTEED A PARKING SPOT? UM, HE DON'T HAVE A CAR. I DON'T THINK MY SON HAD A CAR, BUT HE, HE DON'T, I DON'T THINK HE DOES. I KNOW HE HAS TO GO TO WORK, UM, ALL THE TIME, BUT I THINK SOMEONE PICKS HIM UP. OKAY. SO, SO THE PROBLEM THAT EXISTED BEFORE WITH NOT HAVING ENOUGH PARKING DOESN'T EXIST RIGHT NOW? NOT AT THE VERY MOMENT, NO, MA'AM. OKAY, THANK YOU. OKAY, I HAVE A QUESTION FOR THE APPLICANT. DOES THE, UH, DOES YOUR SON HAVE A, UH, LOCAL GUARDIAN? NO. UM, AND THE REASON I DIDN'T BECOME HIS GUARDIAN IS BECAUSE OF THE FACT THAT HE WENT TO WAR. AND WHEN YOU HAVE A GUARDIANSHIP OVER YOU, THAT MEANS THEY'RE TOTALLY, COMPLETELY OVER YOU. FINANCES AND EVERYTHING, AND THAT DON'T EVER, EVER END. THAT'S WHY I WILL NOT DO THAT. I'M NOT GONNA DO THAT TO MY SON BECAUSE I MEAN, HE WORKED TOO HARD AND GO THROUGH SO MUCH STUFF THAT THERE'S NO WAY I'M GONNA TAKE ANYTHING AWAY FROM HIM. AND THEN IF I EVER DIED, THEN SOMEONE ELSE WOULD COME AND TAKE THAT OVER AND JUST BE COMPLETELY OVER HIM. HE HAD SO MUCH, UH, WITH, WITH, YOU KNOW, ALL HIS LEGAL PROBLEMS AND ALL HIS, UH, MENTAL HEALTH ISSUES AND ALL THAT, UM, GOING ON THAT I DON'T WANT ANYBODY TAKING ANYTHING ELSE AWAY FROM HIM. I WANT HIM TO HAVE SOME DIG DIGNITY, YOU KNOW? I FULLY UNDERSTAND AND THAT'S WHY I DON'T DO IT. YEAH, I FULLY UNDERSTAND YOUR DILEMMA. UH, THE FACTS ARE THAT, UH, YOU KNOW, [03:00:01] HE'S GOT, UH, THE PS UH, HE'S GOT THE DIFFICULTIES AND DISABILITIES FROM THE MILITARY, UM, AND GOD BLESS HIM, YOU KNOW, HE IS TRYING TO DO THE BEST HE CAN. HE MAY NOT UNDERSTAND EVERYTHING. I THINK THAT'S WHAT YOU'RE TRYING TO STRIVE FOR. E EVEN I DON'T UNDERSTAND EVERYTHING, BUT THAT'S UNFORTUNATELY THAT DOES OCCUR. UM, YEAH. NOW I WAS TOLD, LIKE IF YOU LOOK AT THAT, UM, NUMBER 1, 2, 3, 4, UH, I THINK IT'S NUMBER SIX ON THE PRE-EXISTING CONDITION. NOW, I WAS TOLD THAT, UM, YOU KNOW, IF I HAVE TO, YOU KNOW, IF HE HAS TO PULL UP THAT DRIVEWAY THAT HE PUT DOWN, THAT WILL ALSO HAVE TO TAKE SOME OFF OF THE PREEXISTING DRIVEWAY AND, AND THAT, THAT'LL MAKE IT, UH, A LITTLE BIT SHORTER. AND I HAVE A PICTURE, THE, THE NEXT SLIDE DOWN, I GUESS THAT WOULD BE NUMBER SEVEN, WHERE IT SHOWS TWO CARS IN THE DRIVEWAY. UM, YOU SEE THAT THEY'RE EVEN ON THAT LITTLE SECTION RIGHT THERE, I GUESS. SO THE CAR DOORS DON'T HIT EACH OTHER. AND THEN THAT VEHICLE ON THE RIGHT, THE, THE PEOPLE NEXT DOOR, THEY PARKED ON BOTH SIDES THAT THE, THAT THEY'RE ALLOWED. SO IT MIGHT BE SOME, UM, CAR DOOR RAMMING ON VEHICLES, UH, WHEN, WHEN THEY HAVE ALL THE VEHICLES AND, AND THAT LITTLE DRIVING DRIVING AREA IN THEIR PLACE. AND, YOU KNOW, BUT I WAS GIVEN A SUGGESTION THAT, YOU KNOW, YOU PUT A FOUR FEET IF YOU BRING THE SIDEWALK OVER FOUR FEET AND TAKE THAT OUT. WHAT THAT WHAT WAS PREVIOUSLY THERE THAT I COULD PUT MAYBE SOME, UH, I THINK IT WAS CALLED PAVERS THERE. YES. THAT, THAT IS ALWAYS AN OPTION. UM, YOU CAN ACTUALLY TAKE THE PAVERS ALL THE WAY TO YOUR PROPERTY LINE AS LONG AS YOU TRY COVER. UM, YOU HA YOU ACTUALLY HAVE A LOT OF FLEXIBILITY HERE THAT, THAT WE'RE NOT IN A POSITION TO GIVE YOU A ON HOW YOU CAN DO THIS. THIS IS NOT OUR PURVIEW AGAIN, AND I'M, I'M GOING TO RESTATE OUR, OUR JOB IS ONLY TO MAKE A DECISION, A RULING BASED UPON THE ISSUES THAT HAVE BEEN PRESENTED TO US. AND THOSE ISSUES HAVE TO DO WITH IMPERVIOUS COVER AND THE WIDTH OF THE DRIVE PLAN. UM, I THINK WE'VE DRAWN THIS OUT A LITTLE BIT FURTHER THAN WE SHOULD HAVE, UH, BECAUSE OF THE, UH, UNIQUE CIRCUMSTANCES THIS YOUNG MAN, HIS SACRIFICE, HIS LIFE, UH, FOR, FOR THIS NATION. AND, UH, WE MAY TAKE IN CONSIDERATION, UH, TRY TO ALLEVIATE SOME OF THE DIFFICULTIES HE HAS TO DEAL WITH, UH, AS, AS, AS EASY AS POSSIBLE FOR HIM AND FOR, UH, AND FOR THE CITY OF SAN ANTONIO. SO IN THIS PARTICULAR REGARD, UH, I'M GONNA END THE QUESTIONING FOR THE APPLICANT. I'M GOING TO, UH, STOP THE, UH, UH, PUBLIC PORTION OF THIS MEETING. THERE IS NO OTHER INPUT, UH, ON THIS, AND I'M GOING TO ENTERTAIN A MOTION ON THIS PARTICULAR CASE. I WOULD LIKE A, UH, UH, SOMEONE TO MAKE A MOTION, PLEASE, ORIAN. OKAY, MR. ORIAN, UH, REGARDING CASE NUMBER B OA DASH 20 DASH OH THREE 40, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FROM THE BEACON HILL NEIGHBORHOOD CONSERVATION DESIGN STANDARDS FOR ONE AND A 11 FOOT 11 INCH VARIANCE FROM THE MAXIMUM 12 DRIVEWAY WIDTH TO ALLOW A 2311 WIDTH TWO A 14 FOOT VARIANCE FROM THE MAXIMUM 15 FOOT CURB CUT WIDTH TO ALLOW A MAXIMUM OF A 29 FOOT CURB CUT AND THREE, A 20% VARIANCE FROM THE 50% FRONT YARD IMPERVIOUS COVER COVER LIMITATION TO ALLOW 70% OF THE FRONT YARD TO BE IMPERVIOUS COVER SITUATED AT 9 0 2 WEST GRAMERCY PLACE, APPLICANT BEING DEBORAH SHARP, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, YOU FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE IMPERVIOUS COVERAGE FROM THE PATIENT PRESERVES STORMWATER MANAGEMENT. WE REDUCING RUNOFF AND INCREASING STORMWATER TRAVEL TIMES. FURTHER, THE REGULATIONS ARE PROVIDED TO PREVENT FRONT YARDS FROM BEING COVERED BY IMPIOUS SERVICES, WHICH CAN DETRACT FROM THE CHARACTER OF THE COMMUNITY. THE BOARD FINDS THAT THIS REQUEST IS NOT CONTRARY TO THE PUBLIC INTEREST TOO DUE TO SPECIAL CONDITIONS THAT LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULTED IN UNNECESSARY HARDSHIP. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN INCREASED STREET PARKING, THEREBY CREATING UNNECESSARY HARDSHIP. THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL [03:05:01] JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN STRICT LETTER OF THE LAW. THE INTENT OF THE IMPERVIOUS COVERAGE LIMITATION REQUIREMENTS IS TO PREVENT STONEWATER FLOODING WITHIN THE PROPERTY AND TO PRESERVE THE CHARACTER OF THE COMMUNITY. ALL INTENTS OF THE CODE SHALL BE OBSERVED IF APPROVED FOR THE PARENTS WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. THE PARENTS WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT. FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUESTED VARIANCE WILL NOT SUBSTANTIALLY INJURE ADJACENT CONFORMING PROPERTIES AND THE AMOUNT OF IMPERIOUS COVERAGE IS IN LINE WITH OTHER PROPERTIES WITHIN THE DISTRICT APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT AS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS OF THE DISTRICT 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 AND IS NOT FINANCIAL IN NATURE. P TO THE OWNER EXTENDS FROM LACK OF PARKING SPACE WITHIN THE PROPERTY, AS WELL AS LACK OF PARKING ON THE SIDE OF THE RESIDENCE, LEAVING THE OWNER TO INCREASE PREVIOUS COVERAGE IN ORDER TO UTILIZE OFF STREET PARKING AS INTENDED. END OF MOTION. WE HAVE A MOTION. I NEED A SECOND. SECOND. WHO MADE THAT MOTION? DR. ELLI? I'M SORRY. EVERYBODY'S GOT THEIR MIC TURNED OFF. I CAN'T HEAR YOU. WHO MADE THE SECOND? YES, IT WOULD. ME. IT'S DR. ELLI ELLI. OKAY. THANK YOU DR. SO MR. UH, ORIAN, WOULD YOU START THE DISCUSSION PLEASE? SURE. I MEAN, THIS PROPERTY'S ON A WELL TRAVEL STREET, BLANCO ROAD. I MEAN IT ON THE SIDE AND GRAM SCENE. THERE'S A LOT OF TRAFFIC IN THE AREA, AND I THINK, UM, I'M GONNA BE IN SORT FORWARD OF THE MOTION, UH, AS RED, UH, BECAUSE THEY, THEY NEED TO HAVE SOME OPTIONS TO PROVIDE SOME ADDITIONAL OFF STREET PARKING, ESPECIALLY SINCE THERE'S THREE DWELLING, APPARENTLY THREE DWELLING UNITS ON THE PROPERTY. UH, SO I MEAN, I'M, I'M NOT OPPOSED TO THAT AT ALL. UH, I THINK THAT, UM, YOU KNOW WHAT, WHAT I'M LOOKING AT WITH THE TITLE SURVEY, IT, IT'S, IT'S, IT'S CLOSE ENOUGH TO THE 50 AND, AND THE BENEFIT OF HAVING THE OFF STREET PARKING IS, IS GOOD ENOUGH FOR ME. SO I'LL BE SUPPORT. VERY GOOD. ALL RIGHT, DR. ELLI, WOULD YOU LIKE TO PUT SOME MENTAL INTO THIS, PLEASE? YEAH, I AGREE WITH MY COLLEAGUE. UM, AND ALSO, I MEAN, THIS IS NOT GONNA BE OUT OF CHARACTER WITH THE NEIGHBORHOOD. UM, IT'S, HE'S ON A CORNER. IT, IT IS A COMMERCIAL LOOK TO THAT, TO THAT EDGE OF THE NEIGHBORHOOD, CERTAINLY COMMERCIAL ACROSS FROM HIM. SO, UM, FOR EVERYTHING THAT MR. ORIAN HAS SAID, PLUS THAT ELEMENT, I'M GONNA BE IN SUPPORT OF THIS MOTION. VERY GOOD. DO WE HAVE OTHER INPUT FROM THIS FOR THIS, UH, MOTION? OKAY, I'M GONNA MAKE A BRIEF STATEMENT. THIS YOUNG MAN HAS SACRIFICED A LOT FOR THIS NATION. I THINK IT'S TIME FOR, UH, FOR CITIZENS OF THIS COUNTRY TO RECIPROCATE IT A LITTLE BIT AND TO OFFER 'EM A LITTLE BIT OF FLEXIBILITY IN THIS REGARD. I'M GONNA BE IN SUPPORT OF THE MOTION AS WELL. I ENCOURAGE THE REST OF THE BOARD TO TAKE THIS INTO CONSIDERATION. UH, WE ARE TURNING OVER A SUBSTANTIAL PORTION OF THE PROBLEM TO THE CITY STAFF. IT'LL HAVE TO DEAL WITH THE LIMITATIONS OF WHAT WE'RE ALLOWED TO DO, BUT I THINK THAT, UH, ONCE THEY START WORKING WITH THE APPLICANT AND THEY'LL FIND WAYS OF ACCOMPLISHING OR ACCOMMODATING THE NEEDS OF THE, UH, OF THE YOUNG MAN. SO, UM, I'M GONNA GO AHEAD AND CALL FOR A ROLL CALL VOTE PLEASE. DR. ELLI? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. GO AHEAD. MS. CRUZ. YES, I CONCUR. UNMUTE YOURSELF AGAIN. OKAY, GO AHEAD, MARIA. YOU WORK ALL RIGHT. THERE. THERE GO. YOU INCUR CORRECT. OKAY, WE HAVE, OKAY, THANKS. HOLD ON. ALL RIGHT. I UNMUTED YOU MS. CRUZ. CAN YOU SAY IT NOW? UH, YES MA'AM. YES, I CONCUR. OKAY, GREAT. MR. THIEL? YES, I CONCUR WITH THE FINDINGS. ALRIGHT, MR. MAN, [03:10:01] I CONCUR WITH THE FINDINGS OF FACT. I'M SORRY, COULD YOU REPEAT THAT AGAIN, SIR? MR. MANA? I CONCUR WITH THE FINDINGS OF FACT. THANK YOU, MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER. YES, I CONCUR. MR. DELMER? YES, I CONCUR. AND CHAIR MARTINEZ. I CONCUR WITH THE FINDS OF FACT THE VOTE BEING 10 TO ONE, THAT THE UH, UH, MOTION IS PASSED, UH, THEREFORE THE VARIANCE OR, UH, IS APPROVED. UM, PLEASE, UH, MAKE SURE THAT, UH, WE HAVE VERY GOOD PATIENCE WITH THIS APPLICANT SINCE, BECAUSE I UNDERSTAND IT'S GONNA TAKE A WHILE TO GET EVERYTHING TAKEN CARE OF. SO GOOD LUCK. AND WE'RE GONNA GO ON TO OUR NEXT [6. 20-3918 BOA-20-10300053: A request by Orange Bison Enterprises, LLC for 1) a 663 square foot variance from the 4,000 square foot minimum lot size limitation to allow a lot size to be 3,337 square feet and 2) a 4’6” variance from the 10’ minimum rear setback to allow a structure to be 5’6” from the rear property line, and 3) a 2’6” variance from the required 20’ minimum separation between garage entrance to property line to allow a garage entrance to be located 17’6” away from the front property line, located at 110 Kearney Street. Staff recommends Approval. (Council District 1) (Azadeh Sagheb, Planner (210) 207-5407, Azadeh.Sagheb@sanantonio.gov, Development Services Department)] CASE, WHICH IS NUMBER 0 5 3. ALRIGHT. ALL RIGHT. CASE NUMBER 0 5 3. IT'S AT ONE 10. NEY, UH, THE APPLICANT IS ORANGE BISON. ENTERPRISE IS L L C. IT IS, UH, REQUEST FOR ONE A 663 SQUARE FOOT VARIANCE FROM THE 4,000 SQUARE FOOT MINIMUM LOT SIZE REQUIREMENT TO ALLOW A LOT SIZE TO BE 3,337 SQUARE FEET AND TWO, A FOUR FOOT SIX INCH VARIANCE FROM THE 10 FOOT MINIMUM REAR SETBACK TO ALLOW A STRUCTURE TO BE FIVE FOOT SIX INCHES FROM THE REAR PROPERTY LINE. AND THREE, A TWO FOOT SIX INCH VARIANCE FROM THE REQUIRED 20 FOOT MINIMUM SEPARATION BETWEEN GOT GARAGE ENTRANCE TO THE PROPERTY LINE TO ALLOW A GARAGE ENTRANCE TO BE LOCATED 17 FEET SIX SIX INCHES AWAY FROM THE FRONT PROPERTY LINE. CURRENT ZONING IS R M FOUR A H O D. IN 2017, THE APPLICANT PURCHASED THE PROPERTY AND STATES THAT THE INCOMPLETE STRUCTURE WAS BLOWN DOWN BY HURRICANE HARVEY IN 2017 AND ONLY THE FOUNDATION WAS LEFT IN 2018. THE APPLICANT APPLIED FOR THE VARIANCE THAT WAS DENIED. UH, THE LOT SIZE IS 3,300 SQUARE 37 SQUARE FEET, WHICH IS BELOW THE REQUIRED 4,000 SQUARE FOOT MINIMUM FOR AN RMM FOUR BASED SONY DISTRICT ON MAY 15TH, 2017. THE BO UH, REQUEST FOR A MINIMUM LOT SIZE OF NEIGHBORING PROPERTY LOCATED AT 1 31 NY ZONED R SIX, UH, TO BE 39 20 FROM 6,000. UM, LOT SIZE REQUIREMENT WAS APPROVED. UH, PREVIOUS CODE ENFORCEMENT CASES ARE CLOSED. NEXT SLIDE. SITE OF THE SUBJECT PROPERTY, THE CURRENT SUBJECT PROPERTY AND SURROUNDING AREA. IT IS CURRENTLY A VACANT LOT. STAFF RECOMMENDS APPROVAL OF BO O A 1 0 3 0 0 0 5 3 OF THE REQUESTED VARIANCE BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCES WILL NOT DETRACT FROM THE NEIGHBORING CHARACTER AND THE LOT SIZE IS TOO SMALL TO REASONABLY COMPLY WITH ALL SETBACK STANDARDS AND ADEQUATE SPACE WILL BE UTILIZED IN STORMWATER RUNOFF AND MAINTENANCE OF THE PROPERTY. 32 NOTICES WERE SENT OUT. ONE RECEIVED IN FAVOR, ZERO IN OPPOSITION. AND THE LAW LAVACCA NEIGHBORHOOD ASSOCIATION, IT SAYS HERE OPPOSING, BUT I'M READING OTHERWISE. UM, I DO HAVE TWO COMMENTS. ONE FROM LAVACCA AND ONE FROM A NEIGHBOR. I'LL READ INTO RECORD AFTER CONCLUDES MY PRESENTATION. WE DO HAVE MR. TOM STAMP ON THE LINE, UH, PREFER TO PRESENT THIS CASE. MR. STAMP, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, PLEASE. HI, I AM TOM STAMP AND THE ADDRESS WE'RE DISCUSSING ONE 10 KEARNEY STREET, SAN ANTONIO, 7 8 2 1 0. UH, GOOD AFTERNOON COMMISSIONERS. I APPRECIATE THE TIME AND THE OPPORTUNITY TO SPEAK TO YOU THIS AFTERNOON. UH, WHAT I'VE GOT HERE IS A SMALL LOT THAT IS, UH, UNIQUE TO THE NEIGHBORHOOD. UM, AS MENTIONED IN THE HISTORY, WE ORIGINALLY ACQUIRED THIS LOT BACK IN 2017, UH, JUST PRIOR TO HURRICANE HARVEY COMING THROUGH. AND, UH, UNFORTUNATELY, YOU KNOW, WE WEREN'T TOO FAR ALONG AT THAT TIME. AND, UH, THE HURRICANE TOOK DOWN THE STRUCTURE THAT WAS THERE. UH, AT THE TIME IT WAS A RENOVATION AND SO THERE WAS EXISTING, UM, SETBACKS AND STUFF THAT, THAT I GUESS WERE GRANDFATHERED BECAUSE OF THE EXISTING STRUCTURE. UH, SINCE THAT TIME, UH, THE CITY, BECAUSE NONE OF THE EXISTING STRUCTURE EXISTED ANYMORE, UH, LOOKED AT THIS AS A NEW CONSTRUCTION AND THUS THE, UH, THE SETBACKS, UM, THAT COMPLY WITH THAT WERE, WERE TO BE ENFORCED. UH, SO WE WENT AHEAD AND DEVELOPED NEW PLANS FOR THIS. AND, UM, AS WE WERE GETTING THEM REVIEWED, LEARNED THAT, UH, YOU KNOW, WE HAD A, A CONFLICT WITH THE, UH, SIZE OF THE LOT FOR THE ZONING IN THE NEIGHBORHOOD. UM, APPARENTLY THIS LOT AT ONE POINT IN TIME WAS, UH, LIKELY, UH, [03:15:01] PART OF ANOTHER LOT THAT WAS SEPARATED OUT. UH, YOU KNOW, IF YOU LOOK AT THE LEGAL DESCRIPTION, IT'S A, IT'S A PORTION, AN EAST PORTION OF A LOT. AND SO, UM, WE'RE CURRENTLY THE SQUARE FOOTAGE OF THE LOT DOESN'T MATCH THE ZONING. SO WHAT WE'RE LOOKING TO DO IS TO, UH, GET A, UM, A VARIANCE ON THE, THE SIZE OF THE LOT. AND THEN, UH, IN CONJUNCTION WITH THAT, UH, A FEW, UM, VARIANCES ON THE, UH, SETBACKS THAT WOULD ALLOW US TO, UH, MAXIMIZE THE PARCEL THAT THAT IS THERE. UM, WE HAVE HAD CONTACT WITH THE, UH, LAKA NEIGHBORHOOD ASSOCIATION. THEY HAVE ACKNOWLEDGED IT. THEY DON'T REALLY HAVE ANY PURVIEW OVER THIS, UH, NECESSARILY, BUT THEY HAVE AN INTEREST, UH, SINCE IT ABUTS THEIR NEIGHBORHOOD. AND, UM, WE, WE, UH, YOU KNOW, BASICALLY CONFIRMED FOR THEM, UH, WE DON'T HAVE A PLAN IN PLACE AT THIS POINT IN TIME. UM, WE, WE DIDN'T GO FORWARD WITH, UH, THE TIMING, THE EXPENSE OF DEVELOPING NEW PLANS FOR THIS LOT UNTIL WE LEARNED WHAT THE BOARD WAS GONNA TELL US, WHETHER, YOU KNOW, WE COULD GET THE VARIANCE AND BUILD ON IT OR NOT. UH, 'CAUSE RIGHT NOW, UM, NOBODY CAN BUILD ON IT, UH, SINCE THE SQUARE FOOTAGE DOESN'T MATCH THE ZONING. SO, UH, WE DID, UM, YOU KNOW, CONFIRM WITH THE NEIGHBORHOOD ASSOCIATION NOW THAT WE'D BE HAPPY TO DISCUSS OUR PLANS AS WE DEVELOP 'EM GOING FORWARD, JUST TO ALLEVIATE ANY CONCERNS THEY HAVE. UM, YOU KNOW, WE CERTAINLY INTEND TO MAKE THE, UH, THE DESIGN OF WHATEVER WE PUT HERE, UH, APPROPRIATE TO THE CHARACTER AND USE OF THE NEIGHBORHOOD AND CONSISTENT WITH THE INTEGRITY OF THE SURROUNDING DEVELOPMENTS AND, UH, CERTAINLY VALUE ADDED TO THE NEIGHBORHOOD. AND SINCE WE'VE, UM, YOU KNOW, BEEN WITH THIS LOT FOR A FEW YEARS NOW, UH, YOU KNOW, WE'VE, THROUGH COMING TO THE, THE PROPERTY, CHECKING ON IT HERE AND THERE, UH, HAVE MET NEIGHBORS AND SUCH, AND, YOU KNOW, THEY'RE, THEY'RE CERTAINLY SUPPORTIVE. UM, THERE'S ONE LETTER OF SUPPORT I UNDERSTAND SENT IN. UM, BUT YOU KNOW, JUST TALKING TO THOSE, UH, THERE'S NEW DEVELOPMENT AT THE END OF THE STREET AS WAS JUST MENTIONED. UM, ALSO GOT A VARIANCE, UH, BASED ON THE SIZE OF THE LOT. UM, AND SO THE, YOU KNOW, THE NEIGHBORS, UH, THAT WE'VE COMMUNICATED WITH, UM, JUST, UH, IN PASSING HAVE BEEN SUPPORTIVE AND, AND CAN'T WAIT FOR US TO COME AND DO SOMETHING THAT'LL BE PRODUCTIVE TO THEIR NEIGHBORHOOD, UH, AS OPPOSED TO THE, THE VACANT LOT THAT'S SITTING THERE NOW. SO THAT'S, THAT'S PRETTY MUCH WHERE WE STAND WITH THIS. UM, I, I OPEN THIS UP TO ANY QUESTIONS YOU MAY HAVE. THANK YOU. OKAY. UH, LET'S GO AHEAD AND, AND ENTER PUBLIC REC, UH, INFORMATION FOR INFORMATION INTO THE RECORD AND THEN WE'LL GET BACK TO QUESTIONS FROM THE APPLICANT. YES, SIR. SO THERE'S TWO COMMENTS THAT WERE RECEIVED. UM, ONE IS BY TW BUCK, HE'S AT, UM, 1 23 KINNY STREET, OR YEAH, THAT'S CORRECT. LET'S SEE HERE. MY PROPERTY AT 1 23 KINNY STREET HAS A LOT SIZE OF 2,365 SQUARE FEET. I HAVE NO ISSUES WITH THE FOLLOWING REQUEST NUMBER ONE, WHICH IS A REQUEST FOR A SMALLER LOT SIZE AND REQUEST NUMBER THREE, WHICH IS THE SETBACK FROM THE 20 FOOT TO 17 FOOT SIX INCH, UH, FOR GARAGE ENTRANCE. MY CONCERN LIES IN REQUEST NUMBER TWO, WHICH IS THE REAR SETBACK VARIANCE OF FOUR FOOT SIX INCHES. HAVING A VARIANCE OF ALMOST HALF THE REQUIRED SETBACK IS, IS TOO MUCH LOW. SOME VARIANCE, UH, OF THE REAR SETBACK OF ABOUT ONE TO TWO FEET IS MORE IN LINE, UH, WITH COMMUNITY STANDARDS. ALSO, TO MY KNOWLEDGE, THE SIDE SETBACKS FOR THE, THE AREA, UM, ARE FIVE FEET. WHY THEN ARE THEY HIGHLIGHTED IN RED AS FIVE FOOT SIX INCHES ON THE PROPOSED SITE PLAN? HAS THERE BEEN A CHANGE? UH, THAT I AM UNAWARE OF. THANK YOU. UM, THAT'S FROM TW BUCK. THE SECOND ONE IS FROM THE LAVACCA NEIGHBORS ASSOCIATION. LET'S SEE HERE. IN REGARDS TO THE B O A CASE, OUR ASSOCIATION WOULD PREFER TO OFFER SUPPORT, UH, TO THE OWNER ONLY IF THE HOUSE DESIGN IS APPROPRIATE FOR OUR NEIGHBORHOOD. THIS PARTICULAR SITE IS NOT IN THE LOCKER HISTORIC DE UH, DISTRICT, NOR IS IT IN THE RESIDENTIAL AREA COVERED BY THE NCD ONE DESIGN STANDARDS. SO TECHNICALLY THE OWNER DOES NOT HAVE TO RECEIVE, UM, ANY OFFICIAL APPROVAL OF THE DESIGN. HOWEVER, OUR ASSOCIATION HAS A GENERAL INTEREST IN THE DESIGN QUALITY OF OUR NEIGHBORHOOD, AND WE WOULD NOT WANT TO OFFER OUR SUPPORT FOR THE VARIANCE. IF THE HOUSE DOES NOT CONFORM TO THE GENERAL CHARACTER OF THE SURROUNDING AREA. UH, YOU COULD POINT TO THE OWNER, TO THE NCD ONE DESIGN STANDARDS FOR MORE INFORMATION IF THEY HAVE, UH, DESIGNED ALREADY, WHICH IS PROBABLY THE CASE, WE WOULD LIKE TO SEE IT BEFORE OFFERING OUR SUPPORT. AND THAT'S FROM DARRELL, UH, OLEN BUSCH. AND THAT CONCLUDES THE COMMENTARY. NOW, Z YOU'VE MENTIONED SOMETHING ABOUT, YOU HAVE SOME ADDITIONAL INFORMATION IN REGARD TO THIS LETTER. NO, THAT WAS BASICALLY IT. I WAS TRYING TO CLARIFY WITHIN THE LETTER ITSELF, UM, THEY'RE WILLING TO SUPPORT IT IF HE, IF HE MEETS THEIR STANDARDS. UH, THE SITE IS ONE PROPERTY AWAY FROM THE NNC D ONE, UH, THE, THE CONSERVATION DISTRICT FOR LAVACCA, IT'S SUPPRESS THE STREET, UH, CONSERVATION DISTRICT. [03:20:01] SO WHAT THEY'RE SAYING HERE IS IF HE WORKS WITH THEM ON THE DESIGN CENTERS, THEY'D BE WILLING TO SUPPORT IT. IT WAS A LITTLE, IT WASN'T A YES OR NO, IT JUST WORK WITH US AND WE'LL SUPPORT YOU. THAT'S WHAT I WANTED TO CLARIFY. DEFINITE, MAYBE. OKAY. UH, AND I'M GONNA ASK FOR YOUR OPINION ON THIS D BECAUSE WE HAVE THE ABILITY TO SEE WHAT IS SIGNED AND WE DON'T, UH, DO, DO YOU HAVE A, UH, ANY CONCEPT OR ANY, UH, PERSPECTIVE OR ON THE DRAW OF THE STRUCTURE TO BE BUILT? DOES IT SEEM TO MEET THE STYLE STANDARDS FOR THAT NEIGHBORHOOD? WELL, THE CONSERVATION DISTRICT GOES A BIT FURTHER THAN THAT, SIR, SO IT GOES INTO, UM, WINDOW REQUIREMENTS AND, YOU KNOW, UH, PORCH REQUIREMENTS AND THINGS OF THAT NATURE. SO, UM, I'D HATE TO USE A SITE PLAN TO DETERMINE IF IT'S GONNA MEET THEIR N C D STANDARDS OR NOT. THE N C D DOES LOOK AT, YOU KNOW, THE AVERAGE FRONT STEP BACK AND THINGS OF THAT NATURE, BUT THERE'S A LOT MORE TO IT AS FAR AS, UM, THE, THE AESTHETICS AND, AND THAT'S KINDA WHERE WE DO HAVE TO GO THERE, IF, IF THAT'S THE CASE. BUT ONCE AGAIN, IT'S NOT IN THE N C D, IT'S, IT'S A PROPERTY AWAY FROM THE N C D. ALL RIGHT. WE HAVE NO OTHER FURTHER PUBLIC INPUT. THAT WAS IT, SIR. OKAY. SO, UH, I'M GONNA OPEN THE BOARD UP TO ASKING QUESTIONS OF STAFF AND THE ORIAN, MR. ORIAN. OKAY. SO ZEKE, UH, I'M, I WANNA, IF YOU COULD BRING UP SLIDE, UH, WITH THE SITE PLAN ON IT, THAT WOULD BE HELPFUL. OKAY. SO ON THIS PLAN, IT'S CALLING OUT AN EXISTING TWO CAR GARAGE, AND THERE'S A, A DARK LINE THAT WRAPS AROUND IT, A DARKER LINE THAT WRAPS AROUND IT. DOES THAT REPRESENT THE, THE WALL OF THE EXISTING GARAGE? BECAUSE I'M, I'M CURIOUS, THE REAR SETBACK IS DIMENSIONING THE FIVE, FIVE AND A HALF TO THAT DASH LINE. WHAT DOES THAT SOLID LINE REFERENCE THAT'S ACTUALLY BEING DEMOLISHED? UH, FROM WHAT D TELLING ME, OKAY. IF, IF I MAY, UH, THIS IS THE, UH, APPLICANT, UM, AND LOOK AT THE, THE NOTE AT THE BOTTOM OF THE SITE PLAN, UM, I'VE GIVEN RELATIVELY SHORT NOTICE THERE TO, TO SUBMIT SOMETHING FOR A CONSIDERATION FOR YOU TO LOOK AT. AND WHAT I DIDN'T WANNA DO IS, UM, UH, HAND JAM, SOMETHING THAT WAS GONNA LOOK LESS PROFESSIONAL THAN WHAT I SUBMITTED HERE. SO, UH, WHAT YOU'RE LOOKING AT IS, IS A PROPOSAL THAT WE WERE GONNA DO AT ONE POINT IN TIME. UM, SO TO THE, UH, UH, ONE OF THE, UM, FOLKS THAT WROTE IN AND SUPPORT, ONE OF THE NEIGHBORS ASKED ABOUT THE FIVE FOOT SIX INCH SETBACK. WHAT THAT WAS IS, UH, THE, THE SETBACKS ACTUALLY FIVE FEET ON EACH SIDE. AND WE WERE JUST NOTING ON HERE THAT WE WERE GONNA BE AN ADDITIONAL SIX INCHES INSIDE THAT, SO WE WEREN'T PUSHING RIGHT ONTO THE PROPERTY LINE JUST SO WE WERE SAFE. OKAY. AND THERE WAS NOT ANY CONCERN, MR. MR STAMP, UH, WITH THE, UH, UH, BEHIND YOU, THE LOT BEHIND YOU. DO THEY HAVE AN OUTBUILDING STRUCTURE THAT'S IN CLOSE PROXIMITY TO THE PROPERTY LINE? I, IT'S HARD TO TELL ON THE AERIAL WITH THE TREES, BUT CAN YOU, CAN YOU, BUT THERE, THERE IS, THERE IS A DILAPIDATED OLD SHED THERE. UM, THAT, UH, I, I DON'T BELIEVE IT'S REALLY USED FOR ANYTHING. IT'S JUST A STRUCTURE THAT IS, UH, SITTING THERE, UM, YOU KNOW, DETERIORATING. AND THEN, UH, FOR STAFF, UH, KEARNEY STREET IS CITED AS A 20 FOOT RIGHT OF WAY. IS THIS ONE OF THOSE NAMED ALLEYS THAT POP UP ONCE IN A WHILE? THAT IS CORRECT, YES, SIR. THIS IS PART OF THE ORIGINAL PART OF TOWN. OKAY. AND THE STREETS ARE BASICALLY SUBSTANDARD, UH, STREETS. AND WHEN AND WHEN, IF, IF A HOME IS CONSTRUCTED ON THIS, ON THIS LAND, WHAT WOULD THE APPLICANT BE REQUIRED TO PUT IN A FOUR FOOT SIDEWALK BEHIND THE 20, BEHIND THE RIGHT OF WAY LINE ON HIS PROPERTY THAT, THAT WOULD, THAT WOULD THEN INTERSECT THE PROPOSED DRIVEWAY? IT'S GONNA DEPEND, IT'LL BE REVIEWED AT THE BUILDING PERMIT STAGE. UM, THEY, THEY'VE TAKEN A LOT OF FACTORS, ESPECIALLY ABOUT THE CURRENT EXISTING CONDITIONS OF THAT STREET, BUT THAT WILL BE REVIEWED DURING THE BUILDING PERMIT. YEAH, BECAUSE IT, BECAUSE WHAT, WHAT I WAS HOPING YOU COULD COMMENT ON IS THAT HE'S ASKING FOR, UH, THAT 17 AND A HALF FEET, BUT, BUT IF HE HAD TO BUILD A SIDEWALK AND THE WAY THIS THING SEEMS TO ANGLE, I WAS CONCERNED WHETHER OR NOT THAT WOULD REALLY ENCROACH INTO OR, OR, OR LEAD TO THE POTENTIAL OF VEHICLE PARKED IN THE DRIVEWAY EXTENDING INTO THE PATH OF THE SIDEWALK. THAT'S, THAT'S ALL I WAS TRYING TO, THAT'S WHAT I WAS TRYING TO GET TO. OKAY. DO WE HAVE ANY OTHER QUESTIONS FROM, FROM THE BOARD? IS THERE ANY QUESTION, MANNA, MANNA, MR. MANNA? YES. AND SO ON THE ONE COMMENT THAT WAS THIS FOR THE APPLICANT, SO ON THE ONE COMMENT THAT WAS READ IT TALKED ABOUT REDUCING THE REAR SETBACK SETBACK, AND SO I WAS TRYING TO UNDERSTAND, UM, WHAT THE IMPACT WOULD YOU KNOW, WHAT, YOU KNOW, WHAT THE SQUARE FOOTAGE OF THIS HOUSE CURRENTLY IS RELATIVE TO THE SQUARE FOOTAGE OF THE HOUSES IN THE NEIGHBORHOOD AND HOW MUCH THAT WOULD REDUCE IT BY TO, TO, UM, THAT REAR SETBACK? [03:25:02] UH, SO, UH, DOING, UH, SOME QUICK MATH HERE. UM, WELL, SO THE LOT IS IT, IT'S 71 BY 47 AS IT CURRENTLY SIT. THEN WHEN YOU, UH, TAKE AWAY THE SETBACKS ON EACH SIDE, UM, IT WOULD CURRENTLY BE SITTING AT, UH, ESSENTIALLY, UH, LET ME SEE, 10 FROM THE FRONT AND 10 FROM THE REAR. UM, SO YOU'D BE SITTING AT A 27 FOOT DEEP LOT, UH, BY 61 FEET. SO, YOU KNOW, THE, THE 27 FEET, UM, IS, IS IS QUITE NARROW, UH, FOR, FOR, OR SHALLOW FOR THE DEPTH. UM, WHERE YOU SEE THE FRONT SET BACK THERE THAT'S 17 FOOT SIX INCH. THAT WAS, UH, SOMETHING THAT THE STAFF HAD SINCE CLARIFIED FOR US. ORIGINALLY, UH, WE WERE BEING TOLD THAT THE FRONT SETBACK WOULD BE PLUS OR MINUS 20% OF THE MEAN SETBACK OF THE OTHER STRUCTURES ON THE SAME SIDE OF THE STREET. UH, BUT THEY SUBSEQUENTLY CLARIFIED FOR US THAT THAT WOULD BE A, UH, A 10 FOOT STANDARD SETBACK IN THE FRONT. SO, UM, SO DISREGARD THAT FRONT SETBACK WHERE IT SAYS 17 SIX. SO WE'RE WORKING OFF A PLANNING FACTOR OF A 10 FOOT FRONT SETBACK, TWO FIVE FOOT SIDE SETBACKS, AND THEN AS OF RIGHT NOW, A 10 FOOT REAR SETBACK. OH, SO YOU ARE ACCOMMODATING FOR THE 10 FOOT REAR SETBACK? WELL THAT'S, THAT'S WHERE IT WOULD SIT RIGHT NOW. AND SO WE HAVE THE VARIANCE REQUEST IN THERE TO CUT THAT IN HALF TO BE A, A FIVE FOOT SETBACK, JUST LIKE THE SIDES. AND THEN WHERE YOU SEE ON THE DRAWING THERE, FIVE FOOT SIX, WE WOULD BUILD IT FIVE FOOT SIX INCHES AWAY OR SIX INCHES MORE AWAY FROM THE ACTUAL SETBACK LINE. THE WAY THE STAFF, UH, UH, WROTE IT UP IN THE PROPOSAL, UM, SAYS A FOUR FOOT SIX INCH VARIANCE FROM THE 10 FOOT SETBACK, WHICH MEANS IT WOULD GIVE US FIVE FOOT SIX INCHES. AND REALLY, UH, WHAT WE'RE LOOKING AT WAS TO BE SIX INCHES AWAY FROM A FIVE FOOT SETBACK. OKAY. SO ESSENTIALLY WHAT YOU'RE SAYING THEN IS THAT YOU'RE GOING TO BE REMOVING THE HOUSE TO THE A FORWARD BY ABOUT SEVEN FEET TO HAVE A, A 10 FOOT FRONT SETBACK SO THAT YOU COULD HAVE A 10 FOOT REAR SETBACK. WELL, WE CERTAINLY PLANNED TO, UH, MAXIMIZE THAT 10 FOOT FRONT SETBACK AND MOVED THE HOUSE FORWARD. UM, THE ORIGINAL STRUCTURE THAT WAS THERE WHEN WE PURCHASED IT THAT WE BEGAN RENOVATING. UH, YOU COULD WALK OUT THE FRONT STEPS AND SHAKE HANDS WITH SOMEBODY ON THE SIDEWALK. UM, IT WAS THAT CLOSE TO THE STREET AND SO, UM, BUT OBVIOUSLY WE'RE, WE'RE NOT GRANDFATHERED WITH THOSE SETBACKS. SO THE 10 FOOT SETBACK, UH, WE WILL HAPPILY ACCEPT THAT VERSUS THE 17 SIX, WHICH WE THOUGHT WE HAD TO HAVE. UM, AND THEN, UH, THE 10 FOOT REAR SETBACK AGAIN, UM, WE WERE HOPING TO GET A FIVE FOOT SETBACK AND THEN WE WOULD BUILD ALL THE WAY AROUND SIX INCHES AWAY FROM THE, THE SETBACK SO THAT WE WERE NOT ENCROACHING RIGHT ON TOP OF THE SETBACK. OKAY. SO ESSENTIALLY WHAT YOU'RE DESCRIBING IS, LET ME GET BACK TO WHAT THE ORIGINAL REQUEST WAS, IS THAT YOU'RE ONLY, WE'RE ONLY DEALING WITH THE SIZE OF THE LOT AND NOT ANY SETBACK ISSUE. IS THAT CORRECT? STAFF? WE INITIALLY WERE GOING WITH THE, THE SETBACK ISSUES. AM I CORRECT MR. STAMP THAT YOU'RE STILL BUILDING YOUR GARAGE? YES, THERE WILL, WE DO PLAN TO HAVE A GARAGE AND THERE IS AN EXISTING SLAB ON, ON THE, UH, PROPERTY. AND SO THAT TWO FOOT EIGHT FOOT STEP BACK THAT YOU SEE THERE IS WHERE THE CURRENT SLAB SITS. SO PLEASE KEEP IN MIND YOUR GARAGE HAS TO BE 20 FEET FROM THE FRONT, UH, FROM EITHER YOUR PROPERTY LINE OR BEHIND SIDEWALK. AND THAT'S PART OF THE REQUEST AT THIS STAGE IS, IS A VARIANCE FROM THAT 20 FOOT DROPPING IT DOWN THE 17 ALONG WITH THE REAR SETBACK? CORRECT. SO ARE YOU MOVING FORWARD WITH THE REQUEST AS IT IS OR YOU NEED TO CLARIFY THAT TO THE BOARD PLEASE. OKAY. WELL, IF IT'S GONNA BE, IF IT'S GONNA BE GREAT, UH, GREATER THAN THE 17 SIX, AREN'T WE GONNA RE HAVE TO RE UH, THAT IS CORRECT. IF HE'S GONNA DROP IT LESS THAN 17 FEET, WE WOULD HAVE TO RE ADVERTISE IT ALL. IT'S GONNA BE SAY 19TH. GO AHEAD, CHAIR. I'D LIKE TO JUST MAKE, UH, THE APPLICANT IS TALKING ABOUT THE BUILDING, NOT THE, THE, THE FRONT OF THE GARAGE TO THE STREET. THERE'S, THERE'S TWO DIFFERENT THINGS. AND, AND THAT'S WHERE THE CONFUSION'S COMING IN IS THAT HE'S, HE'S, HE'S SAYING THAT THE BUILDING'S GONNA MOVE CLOSER TO THE STREET AND STAFFS DOESN'T HAVE A PROBLEM WITH THAT. THE ISSUE IS WHETHER THE GARAGE ENTRANCE IS THAT IS, IS THE 20 FEET AWAY FROM THE STREET? NOT, NOT THE REST OF THE TRUCK, NOT THE RESIDENTIAL RESIDENCE. CORRECT. THIS IS THE OPPOSITE. THAT'S CORRECT. WE'RE LOOKING AT A 10 FOOT FRONT STEP BACK FOR THE [03:30:01] PROPERTY THAT THE HOME STRUCTURE, THE GARAGE WILL STILL BE SET BACK FROM THAT. OKAY. SO THE, SO THE REQUIREMENT FOR THE ZONING IS, IS, IS 20 FEET AND THEY'VE ALREADY COMPLIED WITH THAT, WITH THEIR DRAWING, IS THAT CORRECT? NO, NO, I THINK THE DRAWING IS, I I THINK THE REQUESTS THAT THEY'RE, THE, THE FOUR ITEMS THAT THEY'RE ASKING, I'M SORRY, THE THREE ITEMS OF THEIR REQUEST ARE, ARE, ARE STILL APPLICABLE. I THINK THAT WHAT THE APPLICANT WAS MAKING A STATEMENT ABOUT SOME OF THE HISTORY OF THE DESIGN PROCESS AND, AND WHETHER OR NOT THERE WAS A 20 FOOT OR A 10 FOOT FRONT SETBACK FOR THE RESIDENTS. BUT WHAT, WHAT, WHAT WASN'T COMMUNICATED WAS THAT THE 17 SIX THAT KEEPS POPPING UP IS REALLY TO THE GARAGE ENTRANCE TO THE STREET. IT'S COMPLETELY SEPARATE ISSUE FROM THE, FROM THE 10 FOOT FRONT SETBACK TO THE HOUSE. CORRECT. AND, AND THE STAFF HAD MADE THAT RECOMMENDATION FOR THAT, UH, SLOPE MODIFICATION TO THE GARAGE SETBACK SIMPLY BECAUSE IF, IF YOU HAVE A 10 FOOT FRONT SETBACK AND A 10 FOOT, UH, WELL, AND A 20 FOOT, IF YOU HAVE A 20 FOOT SETBACK, I'M SORRY, FROM THE FRONT FOR THE GARAGE THAT'S 20 FEET AND 10 IN THE REAR, UM, IF, IF THE OTHER VARIANCE IS NOT GRANTED 10 IN THE REAR THAT'S 30 FEET, UH, FRONT AND BACK, THE LOT IS ONLY 47 FEET DEEP. SO THAT WOULDN'T AFFORD THE OPPORTUNITY TO PUT A GARAGE ONTO THE, ONTO THE PROPERTY. SO THEY, THEY, THEY, UH, THE STAFF ACTUALLY RECOMMENDED THE, UM, VARIANCE FOR THE, THE FRONT AND SETBACK FOR THE GARAGE TO FACILITATE, HAVE GIVEN US THE SPACE TO BUILD THE GARAGE. OKAY. I, MY UNDERSTANDING AS WE WERE COMING THROUGH THESE PAGES HERE, THAT THE GARAGE HAS ALREADY BEEN BUILT. NO, SIR. THERE'S NO STRUCTURE ON THE PROPERTY RIGHT NOW. THERE'S A SLAB THERE FOR WHERE THE GARAGE USED TO BE. OKAY, SO THERE'S NO, THERE'S NO STRUCTURE WHATSOEVER ON THE PROPERTY OTHER THAN THE CONCRETE? WELL, YES SIR. THAT'S CORRECT. AND IN ORDER TO COMPLY WITH WHAT WE'RE WE'RE LOOKING AT RIGHT NOW, YOU'VE BASICALLY GOT TO TEAR THAT LAB UP AND REPORT AND THAT WOULD BE OUR PLAN. CORRECT. OKAY. SO WE'RE GONNA STICK WITH THE, UH, UH, THE VARIANCE FOR LOT SIZE AND STICK WITH THE SIX POINT, I MEAN 4.6 VARIANCE FROM THE MINIMUM 10, UH, REAR SETBACK BECAUSE OF THE GARAGE ARE, ARE YOU ASKING ME TO THAT THE CORRECT, IT'S THE REAR SETBACK IS FOR THE WHOLE STRUCTURE AND THE THIRD VARIANCE IS FOR THE FRONT OF, UH, FROM THE PROPERTY LINE TO THE GARAGE. SO THE, THE VARIANCES THAT ARE, HAVE BEEN PRESENTED ARE STILL IN PLACE. OKAY. BUT I'M IN, I'M, I JUST HEARD A MINUTE AGO THAT THE APPLICANT WAS THINKING OF MOVING THE HOUSE, THE, THE HOUSE STRUCTURE ITSELF 10 FEET FROM THE FRONT PROPERTY LINE. I THINK HE WAS ONLY BRINGING THAT AS AN OPTION JUST IN CASE HE COULDN'T GET THE VARIANCES AS REQUESTED. OKAY. SO AT THIS TIME EVERYTHING STANDS AS REQUESTED? YES. OKAY. LET'S PROCEED FROM THAT PERSPECTIVE. SO, UH, ESSENTIALLY WHAT WHAT HE WANTS TO DO IS, IS MEET THESE REQUIREMENTS AND THE CITY STAFF SUPPORTS THIS? YES. OKAY. SO I PUSH FOR STAFF. SO, UM, CAN, CAN THERE BE A DIFFERENTIATION FOR A GARAGE SETBACK VERSUS THE REST OF THE HOUSE SETBACK? OR ARE THEY, OR IS JUST EQUAL? NO, YOU CAN HAVE 'EM SEPARATE. SO THE RMM FOUR ALLOWS A 10 FOOT FRONT, 10 FOOT REAR FIVE FOOT SIDE. IT IS FOR GARAGES IN GENERAL, THERE HAS TO BE A 20 FOOT SETBACK FROM THE GARAGE TO EITHER THE BACK OF SIDEWALK OR THE PROPERTY LINE. SO THAT IS ALWAYS GONNA BE A SEPARATE ISSUE ALTOGETHER. UH, 20 FOOT WILL ALWAYS BE REQUIRED AND THAT, THAT'S WHERE THIS IS KICKING IN. THE QUESTION WAS REALLY ON THE BACKSIDE. AND SO, SO IF WE ALLOW, 'CAUSE WHAT I HEARD WAS THAT THE FIVE FOOT SIX ACT REQUIREMENT IS TO BE ABLE TO SUPPORT A GARAGE THAT CARS CAN PARK IN BECAUSE OF THE FRONT SETBACK REQUIREMENT. AND SO, SO THE QUESTION THEN IS THAT THE REST OF THE HOUSE BE SET AT A DIFFERENT SETBACK MINIMUM, UM, SO THAT, SO THAT THE REST OF THE HOUSE IS, IS AWAY FROM THAT LINE? OR IS IT, YOU KNOW, IS THAT BACK LINE AND BACK LINE PERIOD? ONCE YOU GRANT THAT, THAT REAR VARIANCE, THAT WOULD BE IN PLAY FOR EITHER THE, WELL, BASICALLY FOR THE PRIMARY STRUCTURE. SO IF IT, IF IT'S A DETACHED GARAGE, A DETACHED GARAGE ONLY HAS A FIVE FOOT REAR SETBACK, UM, BUT IF IT'S ATTACHED TO THE HOME, THAT VARIANCE REQUEST BASICALLY COVERS IT ALL. [03:35:01] OKAY. ALRIGHT. SO ESSENTIALLY WE'RE GONNA STICK WITH THE ORIGINAL PLAN AND THAT'S WHAT WE'RE GONNA BE VOTING ON OFF? THAT IS CORRECT. ALL RIGHT. SO WE'RE, WE'RE EVEN THE OTHER REQUIREMENTS ARE BY CODE AND, AND THAT HAVE TO DO WITH THE GARAGE. IF THE GARAGE CAN, IF WE DO THE VARIANCE FOR THE REAR END, THAT MEANS THE GARAGE CAN STILL BE 20 FOOT, IT STILL HAVE 20 FOOT IN THE FRONT, CORRECT? THAT'S CORRECT. OKAY. THIS LOOKS PRETTY, UH, CUT AND DRY TO ME. ANY MORE QUESTIONS FROM THE BOARD? OKAY, I THINK WE'VE PRETTY MUCH ADDRESSED EVERYTHING AT THIS TIME. SO I'M GONNA CLOSE THIS PORTION OF THE MEETING TO THE PUBLIC, ENTERTAIN A MOTION ON THIS CASE. TEAL, MR. THIEL? YES, SIR. GO AHEAD AND MAKE YES, SIR. JUST PULLING UP THE, THE MOTION HERE. OKAY. REGARDING CASE NUMBER B O A DASH 2 0 1 0 3 0 0 0 5 3. I MOVED AT THE PORT OF ADJUSTMENT GRANT, ONE OF 663 SQUARE FOOT VARIANCE FROM A 4,000 SQUARE FOOT MINIMUM LOT SIZE REQUIREMENT TO ALLOW A LOT TO BE 3,337 SQUARE FEET AND TWO, A FOUR FOOT SIX INCH VARIANCE FROM THE 10 FOOT MINIMUM REAR SETBACK TO ALLOW A STRUCTURE TO BE FIVE FOOT SIX INCHES FROM THE REAR PROPERTY LINE. AND THREE, A TWO FOOT SIX INCH VARIANCE FROM THE REQUIRED 20 FOOT MINIMUM SEPARATION BETWEEN THE GARAGE ENTRANCE TO THE PROPERTY LINE TO ALLOW A GARAGE ENTRANCE TO BE LOCATED 17 FOOT SIX INCHES AWAY FROM THE FRONT PROPERTY LINE SITUATED AT ONE 10 KEARNEY APPLICANT BEING ORANGE BISON ENTERPRISE'S, L L C BECAUSE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN 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, THE PUBLIC INTEREST IS REPRESENTED BY LOT SIZE THAT MAINTAIN NEIGHBORHOOD CHARACTER AND GIVEN THE LOT CONSTRAINTS 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 RESULT IN UNNECESSARY HARDSHIP. THE UNNECESSARY HARDSHIP RELATES TO THE FACT THAT THE VARIANCE IS NOT GRANTED. THE APPLICANT WILL NOT BE ABLE TO BUILD ON THE SITE AND THE PROPERTY WILL BE KEPT VACANT. IT CREATES A HARDSHIP ON THE NEIGHBORS WHO DO NOT ENJOY VACANT LOT BESIDE THEM. THREE, BY GRANTING THE VARIANCE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE PROPERTY ON THIS VARIANCE RELATES TO PROP, EXCUSE ME. THE PROPERTY ON THIS VARIANCE RELATES TO AN ARBITRARY LOT CREATED LONG AGO. PRIOR TO THE CURRENT OWNER'S PURCHASE, THE OWNER ACQUIRED THE PROPERTY WITH THE CURRENT SPECIFIC SIZE AND HAS INVESTED TIME AND EFFORT FOR ITS DEVELOPMENT. FOUR. THE VARIANCE WILL NOT AUTHORIZE AN OPERATION OR USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. SUBJECT PROPERTY IN THE ADJACENT TIES ARE RESIDENTIAL. FURTHER, SINCE IT IS THE SAME RESIDENTIAL USE, THIS VARIANCE WOULD NOT SUBSTANTIALLY ENTER OR ALTER THE USE OR THE CHARACTER OF THE ADJACENT CONFORMITY PROPERTY OR THE CHARACTER OF THE DISTRICT. SIX. THE PLIGHT OF THE OWNER OF THE PROPERTY FOR THE VARIANCE IS, IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. UNIQUE CIRCUMSTANCE EXISTING ON THIS PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE. THIS IS CREATED BY PROLIFERATION OF OLDER, OUTDATED, SUBSTANDARD LOTS. END OF MOTION. THANK YOU VERY MUCH. MR. THIEL. DO I HAVE A HERE A SECOND. SECOND. IS THAT MR. ORIAN? YES. OKAY. MR. THIEL, START THE DISCUSSION PLEASE. UH, YES, SIR. I'LL BE IN SUPPORT OF THIS. I'M, I'M VERY FAMILIAR WITH THIS LOT, SPECIFICALLY THE HISTORY OF, OF ANOTHER STRUCTURE THAT WAS ATTEMPTED TO BE BUILT THERE WITHOUT PERMITS. UM, I APPLAUD THIS INDIVIDUAL FOR TRYING TO GO THROUGH THE PROCESS, UH, APPROPRIATELY. UM, I ALSO AM A PROPERTY OWNER IN THIS NEIGHBORHOOD AND I THINK IT WILL BE A GREAT ADDITION TO IT. THANK YOU VERY MUCH MR. ORIAN. YEAH, I WOULD AGREE WITH MY COLLEAGUE. I THINK TE SUMMED IT UP WELL. I MEAN, THIS IS, UH, HE'S DOING THE BEST HE CAN WITH THE SIZE OF THE LOT AND, UH, HE'S TRYING TO HONOR THE SETBACKS HE CAN AND, AND KEEP A SAFE ENVIRONMENT FOR THE RESIDENTS, SO. OKAY. VERY GOOD. ANY OTHER INPUT? I, I BELIEVE THAT THIS IS A GOOD IDEA TO [03:40:01] GO AHEAD AND HAVE THIS HAVING A RESIDENTS ON THERE WITH THE RESIDENTS ON THIS MORE LIKELY TO BE TAKEN CARE OF. SO I'LL BE SUPPORTING IT AS WELL. PLEASE, LET'S TAKE A ROLL CALL. VOTE. DR. ELLI. I CONCUR WITH THE MR. MINKA. I CONCUR WITH THE FINDING OF FACT. MS. CRUZ, MAKE SURE TO HIT UNMUTE. OKAY, GO AHEAD. NOPE, YOU, YOU MUTED YOURSELF AGAIN. HOLD ON. I, OKAY, I'LL UNMUTE YOU. OKAY, NOW GO AHEAD. I CONCUR. OKAY. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACTS. MR. MANA, I CONCUR WITH THE . MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. FISHER, I CAN CONFIRM THE FINDINGS OF FACT. MR. ER HAS TO DROP OFF THE CALL AT FOUR FORTY TWO, I BELIEVE. UH, AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION DOES CARRY, UH, THEREFORE YOUR, UH, VARIANCE HAS BEEN APPROVED. GOOD LUCK WITH YOUR PROJECT AND WI AND, UH, HOPEFULLY WE HAVE A BEAUTIFUL NEIGHBORHOOD FOR THE FUTURE. THAT CONCUR. THANK YOU, COMMISSIONER. THAT CONCLUDES ALL THE CASES THAT WE HAVE TODAY. WE NOW NEED TO, UM, LOOK AT [7. 20-4003 Consideration and Approval of the June 15, 2020 Board of Adjustment Meeting Minutes] THE, UH, MINUTES FROM THE PREVIOUS BOARD MEETING. DID EVERYONE HAVE THE OPPORTUNITY TO REVIEW THOSE MINUTES? AND IF YOU HAVE REVIEWED THOSE MINUTES, DO YOU HAVE ANY ALTERATIONS OR CORRECTIONS THAT NEED TO BE MADE? ALL RIGHT. NONE BEING VOICED. UH, THEN THEREFORE WE'RE GOING TO TAKE A QUICK ROLL CALL VOTE ON THE ACCEPTANCE OF THE MINUTES. I NEED A MOTION. AND A SECOND, SIR, I MOVE THAT WE APPROVE THE MINUTES AS, UH, WRITTEN. SECOND. SECOND NOW. OKAY. UH, MR. THE FIRST AND MR. ORIAN AS THE SECOND. OKAY. DR. ELLI? YES. MR. MENCHACA? YES. MS. CRUZ. GO AHEAD, MS. CRUZ. HOLD ON. MS. CRUZ. OKAY, NOW YOU'RE MUTED. GO AHEAD. YES. YES. OKAY. TEAL? YES. MR. MANO? YES. MR. ORIAN? YES. MS. YES. YES. MS. FISHER? YES. AND CHAIR MARTINEZ? YES. SO I APPROVE THE MINUTES, UH, THE MINUTES HAVE BEEN, UH, APPROVED. THAT, UH, CONCLUDES THAT OF THE MEETING. DO WE HAVE ANY PARTICULAR INFORMATION THAT NEEDS TO BE TRANSFERRED AT THIS PARTICULAR TIME? NO, NOT AT THIS TIME, SIR. OKAY. THE MEETINGS, THE, THE, FROM MY UNDERSTANDING, THE REMAINDER OF JULY, WELL, AND AUGUST MEETINGS WILL ALSO BE VIDEO CONFERENCE. UH, SO, UH, YES, SIR. YES. WE'LL BE DOING, UH, WEBEX MEETINGS OR VIRTUAL MEETINGS, UH, FOR THE TIME BEING UNTIL WE ARE TOLD OTHERWISE. ALRIGHT. AND I WOULD, UH, REQUEST THAT SOMETIME IN THE NEAR FUTURE YOU MAY WANNA DO THIS INDIVIDUALLY, IS HAVE SOMEONE CHECK THE CONNECTIONS BETWEEN EACH AND EVERY ONE OF THE BOARD MEMBERS. FIND OUT WHERE THE WEAKNESSES ARE TO CUT DOWN THE DISTRACTIONS OF THE, UH, NOISE THAT WE'RE RECEIVING ON THE LINE. UM, I DON'T SEEM TO BE HEARING ANY RIGHT NOW, SO IT COULD BE THAT OUR PROBLEM WAS THAT WITH THE CONNECTIONS WITH THE TELEPHONE AND PERHAPS THAT NEEDS TO BE ADDRESSED AT THE STAFF LOCATION. OKAY. ANYWAY, UM, THAT CONCLUDES THE MEETING, THE TALK. DR. ELLI. EXCUSE ME, MS. ELLI. ROGER, CAN I SAY SOMETHING? YES, DR. ELLI, DO WE NEED TO BRING UP MY SITUATION SO THAT WE KNOW THAT NEXT TIME WE WILL BE, UH, MAKING SOME DECISIONS? WELL, AS, AS EVERYONE HAS NOT BEEN INFORMED, UH, DR. ELLI HAS ACCEPTED A POSITION IN TENNESSEE, OR IS IT KENTUCKY? UM, IT'S THE UNIVERSITY OF TENNESSEE AT KNOXVILLE. OKAY. IT IS TENNESSEE, AND WE'RE GONNA BE LOSING HER. UNFORTUNATELY, THEREFORE, I SUGGEST THAT MR. ORIAN HIS RESIGNATION [03:45:01] AS WELL, UNLESS HE WANTS TO BE AUTOMATICALLY MADE THE, UH, VICE, UH, CHAIRMAN. AND THAT, UH, WE MAKE SOME PROVISIONS IN THE NEXT, UH, UH, THE NEXT MEETING, UH, OR SO TO, UH, ELECT THE REPLACEMENT POSITIONS. I DON'T MIND BEING VICE. WE'LL POST THE ELECTION OF OFFICERS. YEAH, I DON'T, AND JUST SO EVERYONE KNOWS, I DON'T MIND BEING VICE CHAIR. UH, IT'S ONLY IF Y'ALL WILL SUPPORT IT, BUT, OKAY. WELL, IN THAT CASE YOU DON'T HAVE TO RESIGN THEN. WE'LL, ALL ALL WE'LL NEED TO DO IS, IS ELECT A NEW, UH, PRO TEMP. OKAY. IS THAT CORRECT, KAT? UH, WE'LL HAVE THE, UH, ELECTION OF OFFICERS POSTED FOR THE NEXT AGENDA, SO THAT WAY, UH, ONCE, UH, WE VOTE ON THE BIKES CHAIR AND IF THE PRO BECOMES AVAILABLE, WE CAN VOTE ON THE PRO AS WELL. OKAY, VERY GOOD. BUT THIS, LET'S SET THIS UP FOR THE NEXT MEETING. READY FOR NEXT, UH, ON, AND ALSO WE NEED TO MAKE MOVES TOWARD, UH, UH, I BELIEVE THAT SHE'S IN, UH, I BELIEVE ONE OR DISTRICT ONE. YEAH, I DISTRICT ONE. WE NEED TO ASK THE COUNCIL PERSON TO, TO NOMINATE A NEW APPLICANT. YES, WE WILL DO THAT. AND, UM, MISS, WE'RE GONNA MISS DR. ZA. SHE'S BEEN A PART OF THE SANITY ON THE BOARD AND, UH, WE HATE TO LOSE GOOD PEOPLE, BUT YOU KNOW, WE, WE MUST ENCOURAGE HER TO FURTHER HER CAREER AND, AND, AND HER OWN HAPPINESS. AND WE'RE GONNA MISS CONGRATULATIONS, LISA. OH, THANK YOU. OKAY. I'LL SEE YOU ONE MORE, ONE MORE TIME NEXT WEEK. WELL, THAT, THAT'S, THAT'S OUR BONUS. OKAY. THANK YOU VERY MUCH. THE TIME IS AT FIVE O'CLOCK. ALRIGHT, EVERYONE. HI MR. ARJUNA, MR. HAPPY HOUR? YES. YOUR MIC IS REALLY HOT AND FOR SOME REASON HE'S DROPPING OFF MUTE AND I CAN HEAR YOU SHUFFLE PAPERS AND EVERY TIME YOU MOVE, GETTING A LOT OF FEEDBACK AND I THINK I SEE YOUR BOX, MY HEADPHONES. YEAH. SO USING THESE HEADPHONES, SO YEAH, CHANGED THE HEADPHONES TIME. YEAH, YOU CHANGED HEADPHONES, SO I, YEAH, IT'S, THAT'S MR. ORIAN, MIKE, THAT'S MINES. OH, OKAY. ALL RIGHT. VERY GOOD. I I HAVEN'T MUTED MOST OF THE TIME, BUT I, I'LL DROP OFF. THANK YOU. YEAH, IT WAS WEIRD BECAUSE THE DROP OFF MUTE AS SUZIE WENT ON MUTE AND SO IT WAS DROPPING OFF AND YOU WERE UNMUTED ALMOST THE ENTIRE MEETING. OKAY. I WE'RE OFFLINE RIGHT NOW, SO WE'RE JUST TALKING. OH, NO, WE'RE STILL LIVE. WE'RE STILL LIVE. YOU HAVEN ADJOURN. ALL RIGHT, WELL, I, I'VE OFFICIALLY ADUR ADJOURNED THE MEETING AS OF RIGHT NOW. Y'ALL HAVE A NICE DAY AND IF YOU HAVE ANY COMMENTS OR OTHER INPUTS YOU WANT TO, YOU CAN ADDRESS ME IN MY EMAIL ADDRESS OR CALL ME. THANK YOU. THANK YOU. THANK YOU. ALRIGHT, BYE BYE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.