[00:00:02]
UH, OFFICIALLY, IT'S ACCORDING TO MY CALL, 1:03 PM ON GOOD AFTERNOON LADIES AND GENTLEMEN, CHAIRMAN OF ADJUSTMENTS.
ANTONIO, I HEREBY ALL THIS VIDEO 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.
AND I GUESS NOW WE SHOULD TAKE A ROLL CALL.
OKAY, MR. THIEL, SENIOR THI PRESENTE.
MR. MANA, SENIOR MANANA PRESENT.
MR. MR. ORIAN, SENIOR ORIAN, UH, PRESENT.
MR. DELMER? SENIOR DELMER? PRESENT.
OKAY, BEFORE WE PROCEED WITH TODAY'S CASE, ANTE, WE HAVE THE AUTHORITY TO HEAR.
[00:06:05]
THANK YOU VERY MUCH.I BELIEVE WE'RE NOW READY TO, LET'S START WITH CASE SHERIFF, JUST FOR THE RECORD.
ALRIGHT, SO THIS IS DEVELOPMENT SERVICES 23 1002 SOUTH PINE STREET FROM LAST.
IT'S A ONE A REQUEST FOR FOUR A H O D.
THE APPLICANT BUILT AN ATTACHED CAR PORT WITH ROOF AND 60 FEET.
CURRENTLY NO GUTTERS ON THE CARPORT, NOT ANY PROPERTY OWNER ON AUGUST, 2019 FOR CONSTRUC A CAR.
AND THESE PHOTOS ARE THE SUBJECT PROPERTY AND SURROUNDING AREA LETTER.
THAT CONCLUDES MY PRESENTATION.
WE HAVE SR TRANSLATION SERVICES.
MY ADDRESS IS 10 0 2 SOUTH PINE STREET.
[00:10:01]
AND THE REASON I AM REQUESTING THIS IS BECAUSE I WOULD LIKE FOR, I, SO, UM, I, YOU UNDERSTAND I WOULD AM CONCERNED COMPLIANCE WITH, OKAY.AND DO WE HAVE ANY FURTHER INFORMATION FROM THE APPLICANT?
[00:15:03]
NO.AND, UH, DO WE HAVE THE PROPERTY, PINE STREET FOR THE SUBJECT PROPERTY? THE MICHAEL BOWMAN, THE, OKAY.
SO WE, WE HAVE A DEFINITE FROM THE OWNER ASSOCIATION, NO.
IS THAT ALL THE PUBLIC INPUT HAVE ALL, NOW I'M GONNA ASK THE, OKAY.
SO, UM, HOW MANY VEHICLES? OKAY, THE INTERPRETER, I HAVE TRUCK PICKUPS, THE TWO VEHICLES, THOSE VEHICLES.
I, AND MY LAST QUESTION IS LOS, DO WE KNOW IF THE INTERPRETER'S ASKING US?
[00:20:42]
YES, I WILL ABIDE TO WHATEVER THE COMMISSION TELLS ME TO DO.WE KNOW WHAT'S CAUSING THIS NOISE FROM THE PHONE.
UH, DO WE HAVE ANY OTHER QUESTIONS FROM, DOES ANYONE, IS THAT YOU ARLENE, ASKING QUESTIONS? YES.
WONDERING, DO WE HAVE ANY ESTIMATES OF HOW MUCH THE GUTTERS WOULD COST? CONSIDER ALL WE CAN DO IS SET THE GUIDELINES, MAKE SURE AR THANK YOU.
ANYONE ELSE HAVE A QUESTION? IMMEDIATELY ADJACENT PROPERTY LINE WOULD NOT BE IN TO HAVE CLOSER TO FIVE FEET TO THEIR PROPERTY LINE.
I'VE LOST, WE LOST 30, SORRY, I DON'T UNDERSTAND.
BETWEEN BUILDING STRUCTURES ANYWHERE CLOSE TO HER CAR FOR JUST A REMINDER.
SHE TRANSLATES BEFORE SHE PUTS HER BACK ON THE PHONE.
[00:25:28]
OKAY.I ADVISED HER AT THE TIME THAT SHE CAME IN VIOLATION, THAT SHE'S INFRINGING UPON THE NATURE PROPERTY ON POSSIBLE GONNA DEPEND.
NEXT DOOR NEIGHBOR WAS NOTIFIED.
SO IF THAT NEIGHBOR Y WHO ASKED THAT QUESTION, PHILIP, IS THAT STAFF? MANNA, MANNA.
MR. SO, SO I HAVE A QUESTION FOR THE APPLICANT ON THE REQUEST THAT SAYS, SUBJECT PROPERTY SHOWS THE POSITIVE WHEN IT SHOWS THE BACK GARAGE A PICTURE THAT SHOWS THE BACK GARAGE.
SO, UM, WHAT'S THE, COULD THAT POST BE MOVED ALL ESSENTIALLY IN PLACE? SEE, WE ARE NOT NEGOTIATING WITH ANTONIO'S.
WHAT WE'RE LOOKING AT DRIVEWAY, AND I GUESS I WAS TRYING ALL THE, ONTO THE EXISTENCE.
THE DRIVEWAY CITY CODE REQUIRES THAT ALSO ON A STRUCTURE LIKE THIS 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, SUPPOSED 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 HAVE TO BE PULLED, UM, AND THEN INSPECTION,
[00:30:01]
UH, DEPENDING UPON THE OUTCOME OF DATE.WHO HAD A QUESTION? ELLI? DOCTOR, GO AHEAD PLEASE.
UM, AND I THINK THIS IS A FOLLOW UP TO MR. ANA'S 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 POST WERE ACTUALLY MOVED INWARD ON THE SIDE FACING THE NEIGHBOR? CAN YOU 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, 11 FEET, BASICALLY.
UM, THAT BEING SAID, THERE'S A LITTLE, YEAH, CURRENTLY, LET'S SAY 11 FEET BY 60 FEET.
SO THERE'S A COUPLE OF INCHES.
I MEAN, ULTIMATELY A COUPLE OF FEET I SHOULD SAY.
BUT, UM, THAT'S ENTIRELY, YOU KNOW, PART OF THE DISCUSSION TODAY.
TO FURTHER ANSWER YOUR QUESTION, DOCTOR, I BELIEVE FROM WHAT I'M SEEING FROM THAT THE DRIVEWAY, UH, GARAGE DOOR WAS IMMEDIATELY BEHIND IT, EIGHT FOOT WIDE GARAGE DOOR, WHICH WOULD LEAD ME TO ASSUME THAT THE DRIVEWAY ITSELF IS APPROXIMATELY NINE FEET WIDE AND THAT THE POSTS ARE SET.
UH, NOW JUDGING BY THE OVERHANG IN THE PHOTOGRAPH, THE POST PROBABLY SET A LITTLE OVER 10 FEET APART.
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 EL ANY FURTHER QUESTIONS? CRUZ? CRUZ? YES, MARIA, PLEASE.
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 ALREADY THERE, SO IT JUST SEEMED EASIER FOR HER TO MAKE THE DEPARTMENT RIGHT.
BUT SHE, SHE DID IT WITHOUT A PERMIT.
BUT THE POST ALREADY THERE, THERE'S, WELL, YOU COULD MOVE THE POST THAT'S IMMATERIAL SHOULD HAVE GONE IN AFTER THE FACT.
AND IT ALREADY, OUR DRUG DETERMINATION IS, ARE WE WILLING TO GIVE THE FORGIVENESS AND, UH, 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, HANNAH? HELLO? WHO SAID THAT? MRNA.
YEAH, SO ON GOOGLE MAPS, IT SHOWS A PICTURE FROM MARCH OF 2019 AND IT IS PRIOR TO THE CARPORT BEING BUILT, AND THERE ARE NO POLES THAT EXIST AT THAT TIME.
UM, SO, SO THE POLLS ARE, UH, WE'RE BUILT, UH, POST MARCH, 2019.
I'M GONNA EXPLAIN SOMETHING, 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 LAURA AS WELL.
UH, SHE WAS REFERENCING THE MAKE A CORRECTION FOR, FOR MY MISINTERPRETATION OF
THIS IS THE INTERPRETER I JUST SPOKE WITH, UH, MS. S AND YES, SHE WAS REFERRING TO THE CEMENT PART, NOT THE POST.
DOES THAT ANSWER YOUR QUESTION TO, AND THAT SHOULD ANSWER, UH, MARIA'S QUESTION AS WELL.
SO WE ARE LOOKING AT A PHOTOGRAPH NOW, I BELIEVE 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
[00:35:01]
WELL.AGAIN, OUR ISSUE 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 DO WE HAVE ANY QUESTIONS REGARDING THOSE ISSUES? OKAY.
OKAY, AND THAT BEING THE CASE, I'M GONNA GO AHEAD AND CLOSE THIS, 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.
REGARDING CASE NUMBER BO A DASH 20 DASH OH THREE TWO, I NEED THAT THE BOARD OF ADJUSTMENT RANK REQUEST FOR ONE VARI IN REQUIRED ATTEMPT OF FRONT SETBACK FOR A CARPORT BE FOUR FOOT AWAY FROM THE PROPERTY.
TWO, A THREE FOOT SEVEN INCH VARIANCE FROM THE FIVE FOOT REQUIRED SIDE SET ACT.
A CARPORT BE ONE FOOT FIVE INCHES AWAY FROM THE SIDE PROPERTY SITUATED AT 1002 SOUTH PINE STREET, APPLICANT BEING SYLVIA TORRES.
EVA, 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 ENFORCEMENT, THE GOVERNMENT CODE AS AMENDED WOULD RESULT IN NECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE VARIANCE IS NOT CONTRARY WITH THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS A GENERAL HEALTH SAFETY WELFARE FOR THE, SINCE THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST, OUR COURT HAS BEEN IMPOSED WITH NO COMPLAINTS FROM NEIGHBORING PROPERTIES AND PROPER MITIGATION OF STORM WATERS BEING UTILIZED.
STRUCTURE PROVIDES ROOM FOR MAINTENANCE AND WILL NOT CREATE WATER RUNOFF TO ADJACENT TO DUE TO SPECIAL CONDITIONS AT A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
LITERAL ENFORCEMENT OF THE ORDINANCE WILL RESULT IN THE APPLICANT REMOVING THE CARPORT FROM THE SIDE AND FRONT SETBACK.
THIS WILL RESULT IN UNNECESSARY FINANCIAL HARDSHIP.
THREE, BY GRANTING THE VARIANCE OF SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE RANKING THE VARIANCE REQUEST WILL RESULT IN SUBSTANTIAL JUSTICE AS A REQUESTED SETBACK IS STILL PROVIDE FOR A SAFE DEVELOPMENT PATTERN.
THE REQUEST PROVIDES FAIR AND EQUAL ACCESS TO RIGHT AIR AND ADEQUATE FIRE SEPARATION, OR 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 YOUR OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT COUL PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISAGREE.
THE PROPERTY IS LOCATED BUT THE REQUESTED VARIANCES ARE APPROVED.
THE ATTACHED
SIX FIVE TO THE OWNER OF THE PROPERTY.
VARIANCES SAW DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY IN UNIQUE CIRCUMSTANCES, ARE NOT CREATED BY THE OWNER OF THE PROPERTY, ARE NOT NEARLY CONFIDE CONTROL 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 CONTROL IN NATURE EITHER LAYOUT OF THE EXISTING DRIVEWAY, LIMITED SIZE OF THE LOT, ESTABLISHING THE CORPORATE WITH THE APPROVAL TO THE MINIMUM AND ASSOCIATE AND THE SIDE PROFIT END OF MOTION.
THANK YOU VERY MUCH MR. ORIAN.
UH, JUST TO RECAP WHAT YOU SAID YOU BASICALLY READ AS THE APPLICANT REQUEST? YES.
THANK YOU MS. DORIAN, COULD YOU START THE DISCUSSION? SURE.
UM, YOU KNOW, I'M NOT A FAN OF, OF TWO THINGS.
CARPORTS BEING TOO CLOSE TO THE SITE, PROPERTY LINE DRAINAGE BEING, UH, MITIGATED TO THE NEIGHBORING CROP.
HOWEVER, UH, IN THIS PARTICULAR CASE, UH, THE NEIGHBOR HAS DOCUMENTED APPROVAL OF THIS.
THEY OBVIOUSLY KNOW WHAT IT'S STOLEN.
UM, IT'S, IT'S, UH, IT'S ALL CONCRETE BETWEEN ON THE NEIGHBOR'S PROPERTY AND THE TWO CAR DRIVEWAY.
ALTHOUGH THEY MAY NOT BE ABLE TO HAVE THE TWO CAR CARPORT, THEY CAN STILL DO A SINGLE CARPORT NEXT TO THE HOUSE AND IT'S NOT, UH, COMPLETELY, UH, DAMNING TO THEM.
UH, I THINK IN THIS PARTICULAR CASE, SINCE SHE'S POTENTIALLY TRYING TO PARK A THREE VEHICLE AND IT'S 60 FEET LONG AND IT'S STILL, SHE CAN DO SO WITHOUT CONTRASTING THIS PUBLIC SIDEWALK.
UH, I I'M OPEN TO ACCEPT, SO I'LL BE VERY GOOD.
MR. TEO, 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 THE FIRE HAZARDS.
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.
DOES ANYONE ELSE HAVE A MANANA? OKAY.
[00:40:01]
YES.SO I, UM, REGARDLESS OF HOW THIS DOES MOVE FORWARD, YEAH, I WOULD SUGGEST TO THE APPLICANT THAT THEY NOT FORWARD THIS INSTRUCTION FORWARD SIMPLY BECAUSE HE DIDN'T COMPLY WITH ANY OF THE ZONING REQUIREMENTS AND IT WOULDN'T BE VERY GOOD FOR ANY OF THEIR OTHER NEIGHBORS KIND OF HEAD DOWN THIS PATH AS WELL.
ANYONE ELSE? MACHACA? MR. MANCHACA? YES, SIR.
UH, I NOT SUPPORT THE MOTION OR THE REASONS GIVEN 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.
ANYONE ELSE HAVE SOME INPUT ON THAT? OKAY, MR. UNA? WELL, I, WELL I RESPECT THAT FROM A COLLEAGUE.
ALSO RESPECT THE HARDSHIP THAT THIS WOULD REPLACE ON THE APPLICANT AND SHE'S TRYING TO PROTECT HER CARS AND SHE'D BE, UH, WELL, FINANCIAL WAS NOT A REASON FOR THE VARIANCE REQUEST THAT WOULD PRESENT A VERY BIG BURDEN, HARDSHIP ON THE APPLICANT IF, IF THE VARIANCE WERE WERE NOT APPROVED FIRST OF THAT AND OTHER REASONS, I'M SUPPORTING THE MOTION.
IS THAT THE END OF THE, UH, DISCUSSION HERE OR WE HAVE MORE INPUT? VERY GOOD.
AND I'M GOING TO REQUEST THAT WE TAKE A ROLL CALL VOTE TO APPROVE.
I CONCUR WITH THE FINDINGS OF, OF THAT.
I DO NOT CONCUR WITH THE FINDINGS.
MR. THI SENIOR THI YES, I CONCUR WITH THE FILING.
MR. MANANA, I DO NOT CONCUR WITH THE MR. ORIAN SENIOR ORIAN.
MS. BRAGMAN SENIOR BRAGMAN, I DO NOT CONCUR WITH THE FINDINGS OF THAT.
YES, I CONCUR WITH THE FINDINGS THAT MS. FISHER, FISHER, GO AHEAD.
DID YOU HEAR ME? I DO NOT CONCUR.
WE HAVE AN OPPORTUNITY HERE TO REQUEST A, UH, A NEW MOTION.
DO WE HAVE ANY FROM MAKING A MOTION ON SUCH SUCH WE CAN OFFER AN ALTERNATIVE MOTION REMINDER.
CAN I OFFER ONE? WE NEED A MOTION.
WE JUST A REMINDER, BEFORE WE MAKE A NEW MOTION, WE NEED A MOTION TO RECONSIDER BY SOMEONE WHO VOTED AGAINST YES.
BUT FIRST I WANNA FIND OUT IF THERE IS ONE AND IF SO, WE WILL REQUEST A MOTION TO RECONSIDER IT.
SO DOES ANYONE HAVE ANY REASON WHY WE WOULD REQUEST A MOTION FOR RECONSIDERATION? THE CHAIR? I'D LIKE TO, I'D LIKE TO ADD, UM, THAT FOR THOSE WHO VOTED AGAINST IT, THEY HAVE THE POTENTIAL TO MAKE A MOTION TO RECONSIDER ANY CARPORT THAT SHE PUTS IN IS GOING TO BE SO BE SOME CONSIDERATION.
HOWEVER, THERE IS, WE CAN RESTRICT THE, UH, UH, THE DISTANCE FROM THE PROPERTY LINE TO THE CARPORT.
ALTHOUGH, AND RECONSIDER THIS POINT HERE, AND THIS IS VERY IMPORTANT.
THIS, THIS STRUCTURE IS NOT ANYWHERE CLOSE TO BEING COMPLIANT WITH FIRE STAND 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 MOTION OF, UH, THE IDEA THAT WE CAN RECONSIDER THIS BASED.
MAYBE WE ALTER THE DISTANCE SINCE THAT WILL HAVE TO BE DEALT WITH ANYWAY.
GIVE HER THE OPPORTUNITY OF HAVING SOME CARPORT.
SO DO I HAVE 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 OUR FISHER FISHER.
COMM VOTE ON MOTION TO RECONSIDER.
[00:45:01]
UM, YES, MR. MENCHACA? NO, I DO NOT CONCUR.YOU TURN YOUR MIC ON? UH, YES.
UH, MS. BRACKMAN HIDA BRACKMAN.
MS. FISHER SODA FISHER, ARLENE.
SO WE HAVE, UH, WE HAVE A, UH, RECONSIDERATION VOTE HERE.
NOW WE SEE, 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.
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 MEAN SHE DID VOTE NEGATIVE ON THAT PARTICULAR CASE.
SO LET'S, LET'S START AN, UH, NEW DISCUSSION ON THE SPEAKER CASE, OR DO I HAVE A NEW MOTION THAT WILL GIMME DIFFERENT GUIDELINES TO WHAT WE'VE INTERVIEWED BEFORE ORIAN? SURE.
UH, DO I HAVE TO READ THE WHOLE THING AGAIN OR CAN I JUST READ MISREAD THE SPECIFIC CHANGES REFERRED TO YOUR EARLIER DISCUSSION? UH, THE SPECIFIC CHANGES IN MY PREVIOUS, UH, MOTION ARE THAT, UH, INSTEAD OF A SIX FOOT VARIANCE FROM THE REQUIRED 10 FOOT FRONT SETBACK, I'M REMOVING THAT IN ITS ENTIRETY.
AND YOU'RE GONNA LEAVE THE SIDE REQUEST THE SAME? UH, YES, I DO AT THIS POINT, AND I'M CO COMPLETELY OPEN TO ANY SUGGESTIONS FROM MY, DO WE HAVE A MOTION TO, UH, TO ALLOW A VARIANCE OR DECIDE AS REQUESTED BY THE APPLICANT HAS DROPPED THE FRONT SETBACK VARIANCE REQUEST? DO WE HAVE A SECOND OR, OR DO WE HAVE A, UH, FRIENDLY AMENDMENT? MATT? OKAY.
I HAVE MR. OZUNA AS THE SECOND, FIRST.
NOW LET'S, LET'S HAVE A DISCUSSION ON THIS NEW MOTION.
NOW, AS I READ THE MOTION BEFORE ALL YOU'VE DONE IS DROP THE FRONT SETBACK, WHICH WOULD MEAN IN THIS PARTICULAR CASE, PARKOUR WOULD'VE TO BE REDUCED AND SAW IN LIEN A, UH, IN ORDER TO COMPLY WITH 10 FOOT SETBACK, YOU BELIEVE THE ENTIRE SIDE SETBACK ISSUE, UH, THE REQUEST TO ALLOW, UH, FIVE INCHES CLEARANCE FROM THE PROPERTY TO SIDE PROPERTY LINE.
SO LET'S HAVE A DISCUSSION ON THAT.
MS. DORIAN, CAN YOU KIND EXPLAIN YOUR POSITION ON THAT? YES.
UM, AS WE WENT THROUGH THE PREVIOUS MOTION, I GOT THE, THE IMPRESSION THAT THE, THE MAIN ISSUE WAS SETBACK.
THAT I KNOW THAT THERE WAS SOME COMMENTARY ABOUT THE POTENTIAL TO MOVE HOLES OVER, BUT I DON'T KNOW IF DOING SO WOULD, WOULD INCREASE ENOUGH SIDE SET BACK TO, TO REALLY CHANGE THE, I'M JUST PUTTING IT OUT THERE, THAT THREE SEVEN VARI FROM THE SIDE, YOU KNOW, UNLESS SOMEBODY IS AGAINST IT.
I BELIEVE THAT WAS MR. UNA YOU MADE.
SO, AND MY, MY RATIONALE HERE IS THAT LESS OF A FINANCIAL BURDEN, THE APPLICANT BASICALLY, UH, CARVED BACK THE CARPORT THAN HAVING TO MOVE TO SHIFT THE POLES.
WE SAW FROM TESTIMONY THAT THE NEIGHBOR MOST IMPACTED FROM THE, UH, CARPORT IS AN APPROVAL OF THE APPLICANT VARI VARIANCE.
THEREFORE, I THINK, YOU KNOW, AS, AS
[00:50:01]
A CONSIDERATION FOR THE, FOR THOSE WHO VOTED AGAINST IT, THIS TO ME IS A, UH, IS A GOOD REASONABLE, UH, ME MEDIUM, HAPPY MEDIUM FROM THE TWO SIDES TO ALLOW THE APPLICANT TO HAVE THE DEPARTMENT VOTE THE REASONS SHE STATED WITH THE LEAST FINANCIAL BURDEN IMPOSED UPON.ANYONE ELSE HAVE SOME INPUT INTO THIS PARTICULAR ISSUE, MS. BRAGMAN? YES.
DID, DID THE APPLICANT COMMIT TO PUTTING GUTTERS ON THE CARPORT? MM-HMM.
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 GUTTERS IN.
THAT'S WHY I ASKED A QUESTION.
AND THEN BEFORE SHE RESPONDED TO MY QUESTION, SHE SAID SHE WAS ASKING US TO FOR A RECOMMENDATION.
SO I, UM, I JUST WANTED TO PUT THAT OUT THERE.
SHE'D BE REQUIRED TO PLACE THE, UH, THE GUTTERS ANYWAY TO AVOID ANY DRAINAGE ONTO THE NEIGHBORING LOT CODE PROHIBITS ANY DRAINAGE ONTO THE NEIGHBORING LOT FROM A CARPORT.
THAT'S WHY I STATED IT THE WAY I DID.
AS MUCH AS THAT THE PERMITTING PROCESS SHOULD DEAL WITH THIS.
AGAIN, WE CANNOT MAKE A CONTINGENCY ON OUR APPROVAL.
WHAT WE'RE DOING IS BASICALLY SETTING THAT THIS WE, WHERE, LET'S SAY YOU WANTED TO SAY THAT NOW YOU TAKE THIS IN CONSIDERATION, YOU DON'T WANT HER TO HAVE ANY, ANY ADDITIONAL EXPENSE ON THAT SIDE, THEN YOU'D HAVE TO ADD FOUR TO FIVE INCHES TO THE GUTTER, WHICH MEANS THAT YOU'RE NOW ALLOWING VARIANCE FOR ONE BEING A VARIANCE OF FOUR FEET FROM THE FIVE STEP FOOT SETBACK, ALLOWING THE CARPORT TO BE, YOU KNOW, YOU KNOW, CLOSER THAN ONE FOOT FROM THAT WOULD ALLOW HER TO PUT A GUNTER WITHOUT ALTERING OF THE CARPORT.
WELL, I'M JUST STATING THAT PART OF THE PROCESS, MR. 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 ACTUALLY, I THINK MR.
DOES THAT ANSWER THAT? THE ISSUE REALLY IS HERE, IS THAT WE'RE NOT JUST, 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 WHAT SHE'S REQUESTED, GOING SPEND A WHOLE NEED TO MAKE A FIRE PROOF, NOT WE'RE, IF YOU BELIEVE THAT LEAVING AS CLOSE, SUFFICIENT, SUFFICIENT, THIS PARTICULAR REQUEST FOR A, IF YOU BELIEVE
[00:55:01]
THAT IT IS PUSHING THE ENVELOPE TOO MUCH OR LIVING YOUR NEIGHBOR, OR THAT IT IS NOT IN THE BEST INTEREST OF THE COMMUNITY, YOU SHOULD VOTE AGAINST A MATTER OF WHETHER WE'RE GOING TO ACCEPT THE MOTION.UH, IT HAS BEEN ED AND THERE HAS BEEN NO MOTIONS OR AMENDMENTS OR ANY SORT ON THIS THING.
SO, UM, AND WE, NO ONE HAS BROUGHT THIS UP AND DISCUSS DURING DISCUSSION.
UM, SO I'M GIVING ONE LAST TRY TO GET CLARIFICATION ON THIS.
IF YOU, YOU FEEL THAT SHOULD GO AHEAD AND TAKE A VOTE NOW, I'LL PROCEED IN REQUESTING A VOTE.
UM, SO IF, UM,
SO, UM, YOU KNOW, HISTORICALLY WHEN COME KIND OF, UM, ALLOWED FOR VARIANCE THREE, 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 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, BUT THEY SPLIT THE DIFFERENT, WE STILL HAVE THE FIVE FOOT SEPARATION.
UM, IS, IS THAT A VIABLE OPTION FOR BOTH PEOPLE? YOU KNOW, BOTH, UH, BOTH TENANTS.
SO DOES TWO AND A HALF WORK, OR IS IT HAVE TO BE THREE TO BE MORE COMPLIANCE WITH THE FIRE CODE? BUT GERMANA, THIS IS THE, ULTIMATELY IF YOU'RE GONNA GO THAT ROUTE, THE NEIGHBOR AND THE NEIGHBOR CHOSE TO HAVE A CARPORT TWO AND F 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 LEFT THAN FIVE FEET, THEY WILL BE BACK AT THE BOARD.
I'M GOING BACK TO THE, TO THE PERMANENT, UM, LET SAY GRANTING OF THIS OPERATION ON NEIGHBOR'S PROPERTY, WHERE, YOU KNOW, IN THE PAST WE HAVE LOOKED AT GIVEN GRANTS FOR LIKE THREE FOOT.
UM, SO THAT SAID, A POSSIBLE SOLUTION IN THE FUTURE COULD BE DIALOGUE OF THREE FOOT, A SIMILAR, SIMILAR SITUATION.
SO JUST CALLING OUT THAT, YOU KNOW, THIS 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 IF THAT WAS OFFERED.
WELL, YOU, YOU HAVE, YOU'RE ENTITLED TO MAKE A MOTION, ALTERNATE MOTION.
SO I WOULD, SO I WOULD LIKE TO ADD A FRIENDLY, I GUESS MOTION TO TWO TO ALLOW A TWO FOOT VARI FROM THE FIVE FOOT SIDE STEP BACK, UH, SO THAT IT WOULD BE THREE FOOT AWAY FROM THE SIDE PROPERTY LINE.
ACTUALLY WHAT YOU'RE DOING IS YOU'RE OFFERING AN AMENDMENT TO THE, SO CAN I DO THAT? SO YOU'RE OFFERING AN AMENDMENT TO, OF THE MOTION, TO STRICT VARIANCE TO NO, NO MORE THAN HOW MANY FEET? TWO FEET.
ALLOW TWO FEET FROM THE PROPERTY LINE.
SO THE VARIANCE WOULD BE THREE, NO, THE OTHER WAY AROUND.
SO ALLOW FOR A TWO FOOT VARIANCE, OR SORRY, THREE FOOT VARIANCE TO ALLOW THAT ALLOWED FOR IT.
I THINK HE 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.
IS THAT ALRIGHT? WE HAVE, WE HAVE A MOTION THAT, UH, THAT REQUIRES A VOTE OF THE BOARD.
NO, YOU JUST NEED TO KNOW THE MAIN MOTION.
THEN WE WOULD NEED TO MOTION SECONDED BY MR. OZUNA.
RIGHT? I MEAN I, BOTH OF YOU WOULD HAVE TO ACCEPT THIS, TAKING THIS INTO CONSIDERATION IF THIS MEANS, MEANS THAT THAT G IF THE VARIANCE GOING OFF.
YEAH, I'M NOT OPPOSED TO THAT.
I WOULD BE INTERESTED TO KNOW THAT.
COULD SHE SLICE OFF, UH, THE OVERHANG DOWN TO THE POST AND STILL COMPLY WITH THE THREE? OH, THAT'S GONNA BE PRETTY CLOSE, BUT WE'LL LEAVE THAT UP TO PERMITTING OFFICE.
WE'RE GONNA HAVE TO DEAL WITH THE FACT THAT THOSE POSTS CANNOT FIRE RATED.
[01:00:03]
I MEAN, I'M NOT OPPOSED TO IT.MR. OZUNA, I BELIEVE YOU SENT YEAH, I I WOULD NOT ONLY BECAUSE OF THE, UH, IDEA HARDSHIP.
YOU MIGHT AS WELL NOT HAVE ANY SIDE.
NO, I DO NOT SUPPORT ZA SENIOR MENKA.
AND CRUZ THI THI MR. MANANA? YES.
C MR. ORIAN SENIOR ORIAN? YES.
[01:07:26]
PETITION CATHERINE.[01:10:22]
OKAY.[01:15:24]
NO.[01:20:47]
RIOS? I DE AND I MULTIPLE.[01:26:12]
CRUZ.[01:34:25]
CRUZ FOR NOW.[01:41:24]
OKAY.[01:46:50]
IN[01:46:50]
ST.[01:53:02]
CARLOS HAVE MAINTAIN, OKAY? OKAY.[01:55:59]
ORANGE.[02:00:01]
OKAY.[02:05:19]
IN PARTICULAR, YES, MULTI.[02:12:42]
CRUZ.[02:15:51]
OKAY.[02:20:18]
SHRIMP IN MARCELL, ARKANSAS.[02:25:48]
ANTONIO STREET,[02:33:33]
COVID.[02:36:00]
AND THE LITTLE,[02:41:31]
OKAY.SO THAT'S WHY YOU ADDED, OR HE ADDED ANOTHER SPACE SO HE HAD SOME PLACE TO PARK PLUS THE TWO SPACES FOR THE TENANTS.
UH, SO I'M LOOKING AT ORIAN SURVEY, THAT'S PART OF THE, UH, FILE.
AND YOU, YOU HAD MENTIONED, UH, AND I SAW IN THE PICTURE, UM, ALL THE ITEMS THAT WERE SENT BACK BEYOND.
[02:45:09]
OKAY.WHEN I LOOK AT SIDEWALK, I, OKAY.
[02:55:22]
MY[02:55:22]
PROBLEM STATES.[03:06:41]
[03:06:44]
OKAY.[03:11:09]
OKAY.BISON ENTERPRISE WILL BECOME STAMP AND STAMP SETBACKS.
[03:17:19]
OKAY.[03:20:18]
OPINION PROFESSIONAL.[03:27:11]
OKAY.[03:30:08]
OKAY.[03:35:30]
OKAY.[03:40:15]
DR.[03:45:53]
OKAY.