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[Call to Order]
AFTERNOON, LADIES AND GENTLEMEN.MY NAME IS DONALD DORIAN, AND I'M THE VICE CHAIR OF THE SAN ANTONIO BOARD OF ADJUSTMENT.
I HEREBY CALL THIS REGULARLY NOTICE MEETING OF THE CITY OF SAN ANTONIO, BOARD OF ADJUSTMENT INTO SESSION.
CAN WE HAVE OUR INTERPRETERS PLEASE READ, UH, INTERPRETATION SERVICES THAT ARE AVAILABLE FOR THIS MEETING? YES.
STAFF, PLEASE CONDUCT THE ROLL CALL, MR. MENCHACA.
MAKE SURE TO HIT ON MUTE, MA'AM.
I'M GONNA GO AHEAD AND CALL YOU IN AS A REGULAR, UH, MEMBER FOR, UH, UNTIL THE CHAIR SHOWS UP.
MAKE SURE TO TURN ON YOUR CAMERA THEN.
PRESENT, MR. ORIAN? AND I AM AND I AM PRESENT.
SO BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD OFFER LIKE TO OFFER A FEW WORDS OF EXPLANATION.
UH, THE BOARD FOLLOWS AN AGENDA, WHICH IS POSTED ON THE CITY'S WEBSITE.
THE CASES ARE LISTED BY NUMBER WITH THE NAME OF THE APPLICANT IS STREET ADDRESS.
FOLLOWING THE CONCLUSION OF THE CASES, THE BOARD WILL CONSIDER THE MINUTES FROM THE PREVIOUS MEETING.
UH, WE ARE PRIVATE CITIZENS APPOINTED TO THIS BOARD BY THE CITY COUNCIL.
THE BOARD IS SUPPORTED BY MEMBERS OF THE CITY STAFF, COMPETENT IN THE RULES AND REGULATIONS GOVERNING THE CITY, ZONING CODES AND OTHER CODES AND ASPECTS PERTAINING TO THIS AREA.
THIS IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW.
WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT AND DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES.
SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATOR AND THE SAN ANTONIO CITY 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 A DECISION OR DETERMINATION MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 32 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35, AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER 35.
WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28.
IN ADDITION, WE HAVE POWERS TO HEAR CASES IN OTHER MATTERS AUTHORIZED BY CITY COUNCIL UNDER CHAPTER TWO 11 OF THE TEXAS LOCAL GOVERNMENT CODE.
EVERY DECISION, WHAT RECOMMENDATION TO THE BOARD MUST BE BASED UPON FINDINGS OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF THE BOARD'S PROCEEDINGS.
EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY.
IF REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NINE VOTES, THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT RESTS WITH THE APPLICANT.
THE APPLICANT MUST PRESENT FACTS ON WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THIS BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL.
SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY CLERK AT LAW.
BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD'S.
DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL.
PLEASE LIMIT YOUR PRESENTATION AND REMARKS TO THE PERTINENT FACTS OF YOUR CASE.
PRIOR TO STARTING WITH OUR ITEMS, I WOULD LIKE OUR STAFF TO REVIEW OUR MEETING FORMAT.
UH, PLEASE PROCEED TO PROTECT THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID 19.
THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO CONFERENCE.
THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETING ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO COVID-19 CRISIS AND ARE IN PLACE UNTIL FURTHER.
MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING BY VISITING WWW DO ANTONIO DO GOV SLASH DSD OR BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3.
TO INCORPORATE PUBLIC COMMENTS, THERE ARE FOUR OPPORTUNITIES.
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 FOLLOWING THE PRESENTATION BY
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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 'EM TO STATE THEIR TWO MINUTE COMMENTS.
SPANISH INTERPRETERS ARE ON STANDBY AS NEEDED.
THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE TIME LIMIT ALONG WITH AN OPPORTUNITY TO ADDRESS A BOARD QUESTION.
MAKE SURE TO HIT ON MUTE, SIR.
IT DOES LOOK LIKE HE HAS SOME LOW BANDWIDTH PROBLEMS. UH, BUT IF THERE'S NOTHING ELSE, UH, WE CAN GO AHEAD AND START WITH THE FIRST CASE.
[1. 20-4363 BOA-20-10300073]
FIRST CASE.THIS IS ZEKE'S FEL, POLICE WITH THE CITY OF SAN ANTONIO, D O A 21 0 3 0 0 0 7 3.
ADDRESS IS 2 2 6 5 AUSTIN HIGHWAY, APPLICANT AND MARK BEAVERS.
IT'S A REQUEST FOR ONE, A VARIANCE TO ALLOW THE USE OF A METAL PANELING AS A PERMITTED BUILDING MATERIAL.
TWO, A 39 FOOT, 11 INCH VARI, AND A 40 FOOT MAXIMUM FRONT SETBACK TO ALLOW A BUILDING TO BE 79 FEET, 11 INCHES AWAY FROM THE FRONT PROPERTY LINE, AND THREE A 3% VARIANCE FROM THE MAXIMUM 80% IMPERVIOUS COVER LIMITATION TO ALLOW 83% IMPERVIOUS COVER.
CURRENT ZONING IS C TWO M, C TWO A H O D.
SUBJECT PROPERTY IS LOCATED WITHIN THE AUSTIN HIGHWAY METROPOLITAN CORRIDOR OVERLAY AND WILL BE THE SITE OF A NEW, UH, CITY OF SAN ANTONIO FIRE STATION FOR THE SURROUNDING AREA.
THE DISTRICT HAS A MAXIMUM FRONT SETBACK OF 40 FEET IN AN EFFORT TO RETAIN STREET SCAPE AND RHYTHM AMONG, AMONG BUILDINGS ALONG THE CORRIDOR.
THE DISTRICT ALSO HAS PERMITTED, UH, BUILDING MATERIALS IN AN EFFORT TO CREATE A SCENIC ATTRACTIVE VIEWING OPPORTUNITIES ALONG THE ROADWAY.
DUE TO THE UNIQUE, UH, USE OF THE PROPERTY AND THE SIZE OF THE LOT VARIANCES WERE REQUESTED IN ORDER TO PROP TO PROPERLY USE THE LOT TO ITS FULL POTENTIAL.
THE VARIANCES NOT REQUIRED FOR THE SOUTH SIDE SETBACK DUE TO THE EXISTENCE OF A 50 FOOT EASEMENT IN WHICH UP TO 15 FEET MAY BE USED FOR THE SIDE SETBACK REQUIREMENT.
THIS IS AN IMAGE OF THE SITE PLAN, THE FUTURE FIRE STATION, AND THE NEXT PHOTOS ARE THE SUBJECT PROPERTY AND SURROUNDING AREA.
STAFF RECOMMENDS APPROVAL OF D O A 21 0 3 0 0 0 7 3 BASED ON THE FOLLOWING FINDINGS OF FACT, THE REQUESTED VARIANCES WILL NOT DETRACT FROM THE CHARACTER OF THE DISTRICT, AND ADEQUATE SPACE WILL BE UTILIZED TO PREVENT STORMWATER RUNOFF, MAINTENANCE OF PROPERTY AND MAINTENANCE OF THE STRUCTURES WITHOUT TRESPASS.
AND DUE TO THE SIZE OF THE LOT DEVELOPMENT OF A PROPERTY, A PUBLIC SAFETY BUILDING ON THE LOT IDENTIFIED CANNOT BE REASONABLY DONE WITHOUT VARIANCES FROM THE DESIGN STANDARDS.
THERE WERE 11 NOTICES SENT OUT, ZERO IN FAVOR AND ZERO IN OPPOSITION, AND THERE IS NO NEIGHBORHOOD ASSOCIATION CONCLUDES MY PRESENTATION.
WE DO HAVE THE APPLICANT, UH, DEBORAH DOCKERY ON, ON THE PHONE AT THIS TIME.
MS. DOCKERY, WOULD YOU LIKE TO PREVENT, UH, PRESENT YOUR NAME AND YOUR ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
MS. DOCTOR, ARE YOU THERE? MS. ZACHERY? MAKE SURE TO UNMUTE YOUR PHONE.
THIS IS THE, UH, OF DEBRA DOCKERY ARCHITECT.
I'M THE DESIGN ARCHITECT FOR THE PROJECT LOCATED AT 2265.
ALRIGHT, SO MAKE SURE TO, UH, MUTE WHATEVER YOU'RE, UH, WHAT YOU'RE LISTENING TO IN THE BACKGROUND BECAUSE THERE'S A TIME DELAY.
SO NOW YOU'RE IN REAL TIME WITH THE MEETING.
SO JUST GO AHEAD AND START YOUR PRESENTATION.
THIS IS DEBORAH DOCKERY OF DEBORAH DOCKERY ARCHITECTS.
I'M THE DESIGN ARCHITECT FOR THE PROJECT.
UH, AND THE, IT IS 2265 AUSTIN HIGHWAY, SITE OF NEW FIRE STATION 24 FOR THE CITY OF SAN ANTONIO.
WE ARE REQUESTING VARIANCES AND I'LL OUTLINE, UM, THE, THE REASONS.
SO THE APPROPRIATE COVER, UH, FOR THE DESIGN GUIDELINES IS 80%
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MAXIMUM, BUT OF COURSE, THE FIRE STATION WAS FIRE TRUCKS.THE FIRE TRUCKS TURNING RADIUS IS QUITE MORE EXTENSIVE THAN THE NORMAL VEHICLE.
SO WE HAVE, UH, BEEN ABLE TO MAINTAIN A, A FAIRLY HEALTHY, UH, UH, LANDSCAPING AND, UH, AND FRONT COVERAGE.
SO WE ARE REQUESTING A 3% VARIANCE IN ORDER THAT THE FIRE TRUCKS HAVE ADEQUATE MANEUVERABILITY AND TURNING RADIUS ON THE SITE.
UH, FOR THE FRONT SETBACK, A FIRE TRUCK IS 40 FEET LONG AND THEY HAVE TO GET OUT OF THE BAY AND CLEAR THE BUILDING BEFORE THEY WOULD BE ON AUSTIN HIGHWAY.
ALSO, THE, UH, VISITOR PARKING MUST BE PHYSICALLY SEPARATED FROM THE, THE, UH, FIREFIGHTER PARKING, OBVIOUSLY FOR SECURITY REASONS FOR THE VISITOR AND FOR THE, FOR THE FIRE APPARATUS TRYING TO, UH, RESPOND TO AN EMERGENCY CALL.
AND, UM, THE METAL PANELING IS A STANDARD FOR THE FIRE DEPARTMENT BECAUSE OF ITS LONGEVITY AND ITS EASE OF MAINTENANCE.
WE HAVE CHOSEN AN EARTH TONE THAT COMPLIMENTS THE BRICK ON THE FRONT AND THINK IT IS A, A VERY COMPATIBLE, UH, DESIGN FOR THE NEIGHBORHOOD.
SO THOSE ARE THE THREE VARIANCES WE ARE REQUESTING.
UM, UH, ARE THERE ANY, UH, STAFF IS, UH, IS THERE ANY, UH, COMMENTS THAT HAVE CALLED IN SINCE WE STARTED? NO, SIR.
THERE'S NO COMMENTS OR CALL-INS.
I'D LIKE TO OPEN THIS UP TO QUESTIONS BY THE, UH, COMMISSIONERS.
ANYONE LIKE TO, UH, ASK A QUESTION? ZUNA, UH, GO.
MR. ZUNA, IS THIS FIRE STATION PROPOSED? IS IT REPLACING AN EXISTING ONE? AND IS IT AN INCREASE FROM THE SIZE AND SCALE OF THE PREVIOUS IF THERE IS ONE THAT IT'S REPLACING? UH, YES, SIR.
IT IS REPLACING A, A FIRE STATION THAT IS, UH, CURRENTLY ON AUSTIN HIGHWAY, UH, FURTHER INTO TOWN, AND IT IS SIGNIFICANTLY LARGER THAN THE EXISTING STATION, WHICH IS, UH, THE REASON THAT THE CITY IS REPLACING IT WITH A NEW STATION.
ANYBODY ELSE? KEVIN? UH, GO AHEAD, KEVIN.
UH, HAVE Y'ALL LOOKED AT PURCHASING MORE LAND? UH, I, I GUESS I CAN'T REALLY SPEAK FOR THE CITY OF SAN ANTONIO REAL ESTATE OR OUR PUBLIC WORK DEPARTMENT, BUT I DO KNOW THAT THEY HAD TROUBLE FINDING A SITE IN THIS AREA AND THAT IT WAS IMPORTANT THAT IT, UH, BE IN THIS AREA ON THE METAL PANELING.
I UNDERSTAND LOCATION'S A, A BIG DEAL.
LOCATION'S USUALLY A BIG DEAL FOR A LOT OF BUSINESSES, UM, ON THE PANELING, I GUESS, IS IT THE, CAN SOMEONE ANSWER THE QUESTION? IS IT THE OVERLAY, UH, THAT, THAT RESTRICTS, UH, THE PANELING OR IS IT THAT'S CORRECT.
UM, SO Y'ALL WANT TO USE IT BECAUSE OF ITS LONGEVITY.
UM, I, I MEAN, I, I, I GUESS, UH, WHAT OTHER TYPES OF MATERIALS HAVE YOU LOOKED AT IS, IS, YOU KNOW, WITH THE SAME LENGTH OF SERVICE, SERVICE LIKE THE, UH, WITH THE OTHER MATERIALS THAT, UH, WERE LISTED IN THE DESIGN GUIDELINES WOULD BE, UH, MASONRY, WHICH WE DO HAVE ON THE FRONT, OR STUCCO, OF COURSE, STUCCO IS, IT'S MUCH MORE MAINTENANCE THAN METAL.
UM, AND THE BRICK IS OBVIOUSLY A LOT MORE EXPENSIVE, BUT WE DO HAVE BRICK ON THE FRONT AND ALL SIDES THAT WOULD BE VISIBLE FROM, UH, AUSTIN HIGHWAY.
IS IT ALLOWABLE TO, ARE YOU ALLOWED TO INCORPORATE IN THIS OVERLAY DISTRICT? ARE YOU ALLOWED TO INCORPORATE ARCHITECTURAL FEATURES LIKE METAL SIDING? UH, SOMETIMES ARE USED AS NEP PANELS AND THINGS LIKE THAT.
THAT'S PROBABLY MORE OF A QUESTION FOR STAFF.
WELL, THEN THIS OVERLAY, BASICALLY THE METAL WAS, WASN'T ALLOWED.
UM, THAT'S WHAT BROUGHT US HERE TODAY, EVEN AS AN, AS AN ACCENT, UH, TO THE STRUCTURE, EVEN AS AN ACCENT.
UH, DOES ANYBODY ELSE HAVE A QUESTION? MANNA? YES.
SO WHILE DRIVING DOWN VIA GOOGLE ON AUSTIN HIGHWAY, I DO SEE
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SEVERAL OTHER BUILDINGS THAT APPEAR TO HAVE USED THE, UH, METAL WALL PANELS AS ACCENTS.SO IT DOESN'T TO ME LOOK UNCHARACTERISTIC TO THE REST OF THE COMMUNITY, OR AT LEAST THAT PART OF AUSTIN HIGHWAY.
SO, SO IT DOES LOOK LIKE THAT'S BEEN USED BEFORE.
UM, SO I, SO I PERSONALLY DON'T SEE IT AS BEING OUT CHARACTERISTIC, SO THANK YOU.
IS THERE ANY OTHER QUESTIONS, FISHER? YES.
UM, I WAS WONDERING IF THIS IS A PROTOTYPE DEVELOPED BY THE CITY, AND IF THERE ARE OTHER SIMILAR NEW FIRE STATIONS THAT ARE THE SAME COMPOSITION AND DESIGN? THERE ARE ELEMENTS OF THIS FIRE STATION THAT ARE THE FIRE DEPARTMENT STANDARD.
UH, IT'S PRIMARILY IN THE RELATIONSHIP OF, OF THE INTERIOR SPACES, UH, TO THE, TO THE, UH, E M SS AND THE FIRETRUCK BASE, UH, EXTERIOR.
THEY DO HAVE, UH, THEIR PREFERRED MATERIALS, AND THIS IS WITHIN THEIR PREFERRED MATERIALS.
SO THERE, BUT EACH FIRE STATION IS, UM, ADAPTED TO THE SITE WHERE IT OCCURS.
UH, IS THERE ANY MORE QUE DID THAT ANSWER YOUR QUESTION, ARLENE? YES, IT DID.
IS THERE ANY MORE QUESTIONS? OKAY.
WELL, I HAVE A QUICK QUESTION.
UM, SO IT LOOKS LIKE YOU'RE, YOU'RE, CAN YOU EXPLAIN THE, UH, PERCENTAGE, UH, OF THE EXTERIOR WALL THAT, THAT THE METAL WALL PANELING IS GOING TO GOING TO BE? UH, IT OCCURS ON, UM, THE SOUTHWEST AND NORTH SIDES, WHICH ARE, I, I GUESS THE SIDE'S, NOT FRONTING AUSTIN HIGHWAY.
THAT WOULD BE THE BACK AND THE SIDES OF THE BUILDING.
UH, IF THERE'S NO OTHER QUESTIONS, UH, WOULD, IS THERE A A AN ADDITIONAL STATEMENT THAT THE APPLICANT WOULD LIKE TO MAKE BEFORE WE CLOSE THE PUBLIC, UH, PORTION OF THIS? WELL, AS I SAID, WE'VE BEEN VERY PLEASED TO, UH, WORK WITH THE CITY ON THIS FIRE STATION, AND I THINK IT WILL BE, UH, AN ASSET TO THE COMMUNITY.
SO I'M, I'M GONNA CLOSE THE, UH, PUBLIC PORTION OF THIS HEARING AND, AND ASK A COMMISSIONER TO MAKE A MOTION.
MANNA, UH, UH, COMMISSIONER MANOR, GO AHEAD.
REGARDING CASE NUMBER BO A 2 0 1 0 3 0 0 7 3, I MOVED THE BOARD OF ADJUSTMENT GRANT, A REQUEST FROM THE AUSTIN HIGHWAY HARRY WACH METROPOLITAN CORRIDOR DESIGN REQUIREMENTS FOR ONE, A VARIANCE TO ALLOW THE USE OF METAL PANELING AS A PERMITTED BUILDING MATERIAL.
TWO, A 39 FOOT 11 INCH VARIANCE FROM THE 40 FOOT MAXIMUM FRONT CENT BACK TO ALLOW A BUILDING TO BE 79 FOOT 11 INCHES AWAY FROM THE FRONT PROPERTY LINE.
AND THREE, A 3% VARIANCE FROM THE MAXIMUM 80% IMPERVIOUS COVER LIMITATION TO ALLOW 83% IMPERVIOUS COVER SITUATED AT 2 2 6 5 AUSTIN HIGHWAY, A CONVENE MARK BEAVERS.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE VARIANCES REQUESTED ARE DUE TO THE UNIQUE CARE U UNIQUE USE OF THE PROPERTY.
THE AMOUNT OF PAVING REQUIRED FOR TURNING RADIUS OF A FIRE TRUCK MUST BE ACCOMMODATED, THUS REQUIRING SLIGHTLY MORE IMPERVIOUS COVER.
TO REDUCE THIS BY 3%, PARKING SPACES WOULD NEED TO BE REMOVED, AND THE PARKING COUNT WOULD NOT MEET THE MINIMUM REQUIREMENTS REQUIRING ANOTHER VARIANCE REQUEST.
TWO, DUE TO SPECIAL CIRCUMSTANCES, CIRCUM SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO THE SIGNIFICANTLY REDUCED, REDUCING THE AMOUNT OF DEVELOPABLE SPACE ON THE LOT, UH, ACQUIRED.
FOR A FIRE STATION, ACCOMMODATING A FULLY FUNCTIONING PUBLIC SAFETY BUILDING REQUIRES MAXIMUM USE OF THE NARROW DIMENSIONAL LAW.
THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE DIS DISTRICT LETTER OF THE LAW.
THE INTENT OF THE DESIGN STANDARDS OF THE CORRIDOR DISTRICT IS MEANT TO RETAIN
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STREET, SCRAPE AND RHYTHM AMONG BUILDINGS AND CREATURE VIEWING OPPORTUNITIES ALONG THE CORRIDOR.ALL INTENT OF THIS LAW WILL BE OBSERVED IF APPROVED.
THE VARI THE VARIANCE, UH, FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED.
THE REQUESTED VARIANCE WILL NOT PERMIT A USE NOT AUTHORIZED WITHIN THE C TWO COMMERCIAL 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.
THE VARIANCES REQUESTED WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OR CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT.
SPECIFICALLY, ADJACENT PROPERTIES WILL ULTIMATELY BENEFIT FROM THE FACILITY AS IT WILL ENCOURAGE PUBLIC SAFETY, OFFER ATTRACTIVE LANDSCAPING, AND PROVIDE A SAFER BUILT ENVIRONMENT FOR THE COMMUNITY.
UH, THAT IS THEN IS CURRENTLY ON THE LOT.
SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE.
THEIR PROPERTY IS NARROW BY NATURE, AND AS A RESULT, IT DOES NOT ENSURE A SAFE ENTRANCE AND EXIT OF PUBLIC SAFETY VEHICLES.
THE STATION WILL SERVE NEARBY PROPERTIES AND THE COMMUNITY.
THESE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT FINANCIALLY MOTIVATED.
WE HAVE A MOTION IN THE SECOND, THE SECOND WAS BY COMMISSIONER CRUZ.
DID I CATCH THAT RIGHT? YES, SIR.
AND LET'S START THE DISCUSSION.
UH, GO AHEAD, UH, COMMISSIONER MANON.
SO, UM, YES, I DIDN'T HEAR ANYTHING, UH, IN THIS, UH, I GUESS IN THE PRESENTATION THAT PROVIDED ANY OBJECTIONS FROM ME.
UM, I THINK THAT, UH, BUILDING SAN ANTONIO FACILITIES WITH A LONG-TERM, UM, UM, CAPACITY IS, IS GOOD AND A GOOD DESIGN PROCESS.
AND, UH, LOOKING DOWN THE STREET, I DIDN'T SEE IT OUT OF CHARACTER OF A LOT OF THE OTHER BUILDINGS, SO I WILL BE VOTING IN FAVOR OF THIS.
UH, COMMISSIONER CRUZ? YES, I CONCUR WITH MR. MANNA.
I THINK IT'S GONNA BE A GOOD PROJECT AND ONE THAT THEY REALLY NEED IN THAT AREA.
UH, IS THERE ANYONE ELSE ON THE BOARD WHO WOULD LIKE TO, UH, SPEAK? FISHER DELMER, UH, COMMISSIONER FISHER, YOU'RE RECOGNIZED.
I ALSO FEEL THAT THE, UH, PROPERTY, THE, THE ITSELF OFFERS A, UH, ADEQUATE AMOUNT OF TURNAROUNDS AND WHATEVER TO SUPPORT THE FIRE TRUCKS AND ALSO ADJOINING TYPES OF VEHICLES THAT PROMOTES THE SAFETY AND, UH, OF THE, OF THE PUBLIC.
AND I THINK THIS IS A VERY GOOD, UM, USE OF THE SITE, WHICH WOULD MAXIMIZE THAT TYPE OF USE.
COMMISSIONER DELMER, YOU HAVE BEFORE? YEAH, I, I WANTED TO AGREE WITH EVERYBODY ON WHAT THEY SAID.
UM, WE'VE BEEN NEEDING A STATION ON THERE FOR A LONG TIME, AND WE ACTUALLY, I SAT ON THE, UH, UH, UM, COMMITTEE FOR THAT THREE YEARS AGO.
UH, AND IT TOOK A LONG TIME TO FIND THE PROPERTY TO GET FOR THAT STATION, AND IT'S REPLACING ONE THAT'S FARTHER DOWN AUSTIN HIGHWAY, THAT'S A VERY SMALL FIRE STATION, BUT IT'S, NEEDED IT FOR A LONG TIME AND VERY HAPPY TO SEE IT'S FINALLY GETTING DONE.
UH, I'LL, I'LL CLOSE WITH SAYING THAT, UM, I'M NOT A, I'M NOT OPPOSED, I'LL BE IN SUPPORT OF THIS.
UH, THE, THE ONLY ISSUE WOULD BE THE, THE METAL CLADDING.
BUT SINCE IT'S IN THE REAR AND THE REAR PART OF THE SIDES, UH, AND IT'S, IT'S NOT THE ENTIRETY OF THE WALLETS, I'M OKAY WITH IT IN THIS INSTANCE.
SO, UH, STAFF, YOU COULD PLEASE TAKE A, A VOTE, PLEASE, MR. MANCHACA.
I CONCUR WITH THE FINDINGS OF FACT.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
TURN YOUR VOLUME DOWN A LITTLE BIT.
I CONCUR WITH THE FINDINGS OF FACT, MS. BREGMAN.
I CONCUR WITH THE FINDINGS OF FACT.
MR. LOVE I CONCUR, MS. FISHER, OR YES, I CONCUR.
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MS. TREVINO? YES, I CONCUR.I ALSO CONCUR WITH A UNANIMOUS FILL.
UH, SIR, I THINK CHAIR MARTINEZ HAS JOINED THE MEETING.
UH, I NEED TO SEE IF WE CAN, UH, HEAR HIM.
CHAIR MARTINEZ, TEST YOUR, UH, SPEAKER.
ALL RIGHT, SO WE'LL HAND IT OFF TO YOU, SIR, AND THEN WE'LL GO AHEAD AND START OUR NEXT CASE IF YOU'RE GOOD WITH THAT.
AND JUST FOR THE RECORD, MS. TREVINO, UM, IF YOU WANT TO, UH, I GUESS TURN OFF YOUR CAMERA, BUT LISTEN IN UNTIL THE CASE THAT WE NEED YOU FOR THAT, UH, APPROPRIATE RECUSAL.
[2. 20-4361 BOA-20-10300051]
ADDRESS IS 5 3 3 EAST CARSON.IT'S AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DECISION TO ISSUE A CERTIFICATE OF APPROPRIATENESS.
THE CURRENT ZONING IS M MS 33 H A H O D.
NEXT SLIDES ARE OF THE SUBJECT PROPERTY AND SURROUNDING AREA.
WE DO HAVE THE OFFICE OF HISTORIC PRESERVATION, UM, WHO WILL BE PRESENTING THIS CASE.
YES, THIS IS HU FAM WITH THE OFFICE OF HISTORIC PRESERVATION AS WELL AS EDWARD HALL, UH, BOTH CASE MANAGERS FOR THE DESIGN REVIEW, UH, HISTORIC AND DESIGNER REVIEW COMMISSION.
IF, UH, OUR SLIDE BEGINS ON, UH, SLIDE 36.
UH, AS YOU KNOW, SLIDE 33, EAST CARSON AND SLIDE 37.
UH, THE ORIGINAL REQUEST WAS FOR ONE WHOLESALE REPLACEMENT OF WOOD SIDING WITH COMPOSITION SIDING, TWO REPLACEMENT OF 13 WOOD WINDOWS WITH NEW WOOD WINDOWS, AND THREE REMOVAL OF TWO WOOD OR WOOD WINDOW OPENINGS TO INFILL WITH SIDING ON THE SECOND FLOOR.
FRONT PORCH ENCLOSURE ON SLIDE 38, A LITTLE CASE HISTORY, THE PROPERTY CAME TO O H P, UH, IN DECEMBER OF 2017 FOR ADMINISTRATIVE APPROVAL OF IN-KIND REPAIRS OF SIDING AFTER FIRE DAMAGE.
THERE WAS A CORNER ON THE, I BELIEVE THE EAST ELEVATION THAT HAD FIRE DAMAGE, UH, BETWEEN DECEMBER, 2017 AND FEBRUARY, 2019 WAS ANOTHER ADMINISTRATIVE APPROVAL FOR SIDING AND FOUNDATION REPAIR AT THIS TIME.
UH, O H P STAFF BELIEVES THE APPLICANT WAS TRYING TO PERFORM MINOR REPAIRS HERE AND THERE, UH, AFTER FIRE DAMAGE TO SEE WHAT NEEDS TO BE DONE OVERALL, BY FEBRUARY, 2020, THE APPLICANT, UH, SUBMITTED AGAIN FOR WHOLESALE REPLACEMENT OF SIDING AND WINDOW REPLACEMENT, UH, WITH THE UNDERSTANDING THAT THERE WAS, UH, LEAD ABATEMENT ISSUES THAT THE APPLICANT WAS, UH, TRYING TO RESOLVE.
BUT PER THE HISTORIC DESIGN GUIDELINES, UH, HISTORIC WOOD MATERIALS SHOULD EITHER BE REPAIRED IN PLACE OR REPLACED IN KIND AT THE TIME.
IT WAS REFERRED TO A DESIGN REVIEW COMMITTEE SITE VISIT SO THAT COMMISSION MEMBERS CAN, UH, ATTEND A SITE VISIT AND VIEW THE PROPERTY AND THE MATERIALS IN PERSON BY MAY 1ST, 2020 WAS THE LATEST HISTORIC AND DESIGN REVIEW COMMISSION HEARING IN WHICH REPLACEMENT OF WOOD LAP SIDING WITH HARDY SIDING WAS DENIED REPLACEMENT OF A DIFFERENT PROFILE.
WOOD LAP SIDING ON THE REAR ADDITION WITH HARDY SIDING WAS ALSO DENIED, UH, INSTALLATION OF HARDY SIDING WHERE ORIGINAL SIDING HAD BEEN MISSING AFTER FIRE DAMAGE WAS ALSO DENIED.
AND THE ONLY ITEM THAT WAS APPROVED AT THIS TIME WAS TO REPLACE WOOD WINDOWS IN THE NON-ORIGINAL PORCH ENCLOSURE AND REAR EDITION WITH NEW WOOD WINDOWS.
SO IN SUMMARY, UH, O H P UNDERSTANDS THAT THE APPLICANT IS RETURNING TO THE BOARD OF ADJUSTMENTS TO, UM, TO ALLOW FOR WHOLESALE REPLACEMENT OF ALL HISTORIC AND NON HISTORIC WOOD SIDING WITH NEW HARDY LAPS SIDING AS WELL, WELL AS REPLACEMENT OF ALL WOOD WINDOWS WITH NEW WOOD WINDOWS, AS WELL AS TO, UH, ALLOW REMOVAL AND INFE OF WINDOWS ON THE FRONT PORCH.
SECOND STORY BALCONY EXPOSURE.
UM, PROBABLY HISTORIC DESIGN GUIDELINES.
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HISTORIC WOOD PROFILE AND WINDOWS SHOULD ONLY BE REPLACED WHEN BEYOND REPAIR.AND THE FOLLOWING SLIDES ARE THE HISTORIC DESIGN GUIDELINES, CITATION.
AND THEN FINALLY ON SLIDE 41, THAT RECOMMENDS AT AUGUST 1ST, 2018, THE CITY CLERK'S ADMINISTRATIVE OFFICE WILL BE RELOCATING LETTER DATED FEBRUARY 7TH, 2020, AND MAY 5TH, 2020, BY THE HISTORIC PRESERVATION OFFICER FOR DENIAL.
AS PROPOSED, THE APPLICANT MAY PERFORM THE ITEMS APPROVED WITH STIPULATION OR SEEK ADMINISTRATIVE APPROVAL FOR RECOMMENDED TREATMENT.
ALRIGHT, IS THAT, UH, THE EXTENT OF YOUR TESTIMONY? UH, YES.
HAVE THE APPLICANT, UH, OR IS THERE ANY MORE TESTIMONY FROM STAFF THAT NEEDS TO BE GIVEN? NO, SIR.
AT THIS TIME WE'VE GOT, UH, MARY J VAGAS ON THE LINE.
THE APPLICANT, UH, WILL BE PRESENTING THANK YOU.
MS. VAGAS, IF YOU GIVE YOUR, PROVIDE YOUR NAME AND YOUR ADDRESS FOR THE RECORD, PLEASE, YOU CAN START YOUR PRESENTATION.
MY NAME IS MARY J. VARGAS, AND I OWN THE PROPERTY AT 5 3 3 EAST CARSON.
AND, UM, I WOULD LIKE TO GIVE A LITTLE BIT OF BACKGROUND.
I BELIEVE YOU HAVE MY PRESENTATION, UH, AND I WILL SKIP A FEW PAGES.
SO IF YOU COULD GO TO THE FIRST SLIDE ON PART ONE, PAGE ONE.
THERE'S A SHUT, A SLIGHT DELAY, SO JUST LET US KNOW WHAT PAGE NUMBER AND WE'LL GET TO IT FOR YOU.
IT'S ON PAGE ONE, PART ONE, PAGE ONE.
AND A LITTLE BIT OF BACKGROUND ON THE PROPERTY IS THAT IT WAS BUILT IN 1920 AND IT'S HAD MULTIPLE LOCATIONS AND RENOVATIONS.
IT WAS CONVERTED FROM A SINGLE FAMILY DWELLING INTO A FOURPLEX APARTMENT COMPLEX LONG BEFORE THE GOVERNMENT HILL HISTORIC DISTRICT WAS CREATED.
IT HAS SUSTAINED TWO MAJOR FIRES, AND THE LAST ONE WAS IN 2017 WHEN THE FIRE DAMAGE EXCEEDED 75% OF THE PROPERTY.
THIS PROPERTY HAS LOST SIGNIFICANT PORTIONS OF HIS, HIS HISTORIC CHARACTER IN MOST OF ITS ORIGINAL FABRIC DUE TO ALTERATIONS AND THE FIRE DAMAGE.
FOR EXAMPLE, THE UPSTAIRS FRONT BALCONY WAS ENCLOSED.
THERE ARE NO ROUND COLUMNS S OR BASES ON THE FRONT PORCH.
THE BRICK FIREPLACE WAS REMOVED.
REAR ADDITIONS TO UPPER AND LOWER LEVELS WERE ADDED.
ENTRANCES, ENTRANCES, AND STAIRCASES WERE ADDED TO ACCESS THE APARTMENT.
AND 75% OF THE ORIGINAL HOUSE SIDING IS NOW COVERED OR CLADDED WITH ALUMINUM SIDING.
THERE ARE FOUR TYPES OF SIDING VISIBLE ON THE HOUSE.
10% IS WATERFALL CALLED NUMBER ONE 17 WOOD LAPSE SIDING, AND 13% IS THE WEATHERBOARD SIDING OFTEN TO AS 1 0 5 SIDING, AND THEN 70% ALUMINUM SIDING THAT CLOUDS THE ORIGINAL WOOD SIDING.
DELAYS AND REPAIRS HAVE OCCURRED DUE TO BUILDING UPDATES MORE RECENTLY, A FINDING OF LEAD-BASED CONTAMINATION THAT REQUIRES REMEDIATION.
MATTHEW LOUDERBACK, A CERTIFIED LEAD RISK ASSESSOR BY THE TEXAS DEPARTMENT, HAS PERFORMED THE LEAD-BASED INSPECTION OF THIS PROPERTY, AND HE ASKED, AND I GOT ESTIMATES FROM A COMPANY FOR LEAD REMEDIATION DECIDING WHICH COST APPROXIMATELY 30,000 IN THE WINDOWS.
BOTH THE INTERIOR AND EXTERIOR REMEDIATION WOULD BE ABOUT 15,600.
AND THIS DOES NOT INCLUDE REPLACEMENT OF THAT OF ANY WOOD SIDING, TRIM FASCIA, OR EAVES THAT MAY BE INADVERTENTLY DAMAGED OR GOUGE BY REMOVAL TECHNIQUE PAGE PLEASE.
MY GOALS ARE TO RESTORE THE PROPERTY SO THAT IT CAN BE RENTED TO PROVIDE A HEALTHY AND SAFE HOME FOR TENANTS THAT IS CLEAN, AESTHETICALLY APPEALING, ENERGY EFFICIENT IN A COST-EFFECTIVE MANNER THAT ELIMINATES THE PATCHWORK OF SIDING AND IS IN KEEPING WITH THE DESIGN OF THE ERROR.
I AM REQUESTING THE BOARD OF ADJUSTMENTS TAKE INTO CONSIDERATION THE EXTENUATING CIRCUMSTANCES OF THIS PROPERTY, WHICH INCLUDES THE TOTAL COST TO RESTORE THE PROPERTY, THE LEAD REMEDIATION, THE SMOKE CEILING, INSULATING THE EXTERIOR WALLS, AND THE INTEREST OF ENERGY EFFICIENCY WHEN THEY REVIEW MY APPEAL
[00:35:01]
JUST DOWN TO THE NEXT PAGE IN MY FIRST REQUEST, I'M ASKED, UH, THERE ARE FOUR OPTIONS FOR REPLACEMENT OF SIDING.THE FIRST OPTION WAS EXPOSE THE ORIGINAL SIDING.
THIS WOULD BE ACCOMPLISHED BY REMOVING THE ALUMINUM SIDING AND PERFORMING LEAD REMEDIATION UNTIL THE ALUMINUM IS REMOVED.
IT IS UNKNOWN HOW MUCH OF THE ORIGINAL SIDING IS ACTUALLY SALVAGEABLE, BUT AT LEAST THE MINIMUM OF 1,200 SQUARE FEET OF THE ORIGINAL ING WOULD NEED TO BE FABRICATED.
THIS OPTION DOES NOT PERMIT SMOKE CEILING, SMOKE CEILING, OR INSULATING THE EXTERIOR WALL CAVITIES.
THIS OPTION WAS RECOMMENDED BY THE OFFICE OF HISTORIC PRESERVATION AND THE COMMISSION, THE ESTIMATED COST IS 76,800.
OPTION TWO PLACES THE SIDING WITH THE WOOD REPRODUCTION OF THE ORIGINAL SIDING.
THIS IS AN ACCEPTABLE OPTION BY THE OFFICE OF HISTORIC PRESERVATION AND THE COMMISSION ESTIMATED COST IS $82,350.
OPTION THREE REPLACES THE SIDING WITH A COLONIAL SMOOTH COMPOSITE LAPSE SIDING THAT HAS DESIGN OF THE AIR AND IS IN KEEPING WITH THE SPIRIT OF THE HISTORIC DISTRICT AS AN ESTIMATED COST OF $56,000.
OPTION FOUR MAINTAINS THE SIDING PATCHWORK OF THE PROPERTY.
IT DOES NOTHING TO SAFEGUARD THE HEALTH OR SAFETY OF THE TENANT AND GUESTS, AND IT DOES NOT IMPROVE THE LOOK OR ENERGY EFFICIENCY OF THE PROPERTY.
THIS IS THE LEAST EXPENSIVE OPTION AT AN ESTIMATED COST 34,500.
SO IF WE COULD GO TO PAGE FIVE, WE ARE THERE.
PI PAGE FIVE SHOWS, UM, THIS, UH, RENDITION OF WHAT THE LAPSE SIDING WOULD LOOK LIKE.
IT WOULD GIVE A MORE CONSISTENT APPEARANCE.
SO IF YOU GO TO PAGE SIX, IT'S A SIDE VIEW, A CORNER SIDE VIEW, AND THEN BELOW THAT, THIS IS THE WEST SIDE OF THE PROPERTY.
BELOW THAT IS THE REAR SIDE OF THE PROPERTY.
AND THEN THE EAST SIDE OF THE PROPERTY ON PAGE EIGHT IS A SAMPLE OF THE SMOOTH COMPOSITE LAPSED SIDING.
IT'S A NEW SIDING THAT IS MADE, AND IT ACTUALLY HAS A VERY SIMILAR PROFILE OF THE 1 0 5 SIDING.
BELOW THAT IS A PICTURE OF THE EXISTING PROPERTY.
AND YOU CAN SEE AT THE TOP IT HAS THE WATERFALL SIDING.
BELOW THAT IS THE ORIGINAL SIDING ON THE FRONT PORCH, AND THAT'S, UH, APPROXIMATELY 7% OF THE PROPERTY.
LET ME KNOW IF I'M GOING, UH, TOO FAST.
YOU CAN CONTINUE ON PAGE NINE.
UH, WHAT I TRIED TO ILLUSTRATE WAS THE SIDE AND THE REAR OF THE PROPERTY.
SO ON THE LEFT SIDE, THAT IS ACTUALLY THE ALUMINUM SIDED ON THE REAR, WHICH IS THE RIGHT SIDE.
THAT SIDING HAS BEEN UP FOR ABOUT 10 YEARS, AND YOU CAN SEE HOW IT'S STARTING TO ROT OUT.
IT'S BEEN CIRCLED OVER HERE, OR THERE'S A BLUE ARROW ON THE BOTTOM.
AND THEN IF YOU LOOKING CLOSER, YOU CAN SEE OTHER AREAS THAT ARE STARTING TO DETERIORATE.
UM, AND YOU'LL NOTICE THAT THIS SIGHTING, UH, LOOKS VERY SIMILAR TO THE, UH, SMOOTH COLONIAL SIGHTING THAT I'VE PROPOSED.
ON PAGE 10, THE PROPERTY AT 5 2 3 CARSON, WHICH IS TWO HOUSES DOWN FROM THE SUBJECT PROPERTY, THAT HOUSE HAS HARDY BOARD SIDING.
THE SECOND REQUEST IS REPLACEMENT OF 13 WOOD WINDOWS WITH 13 PT ARCHITECT SERIES.
THE HISTORIC WINDOWS REQUIRE LEAD REMEDIATION AND MAJOR REPAIR DUE TO WOOD ROT DAMAGE FROM THE SMOKE AND FIRE SUPPRESSION ACTIVITIES.
THESE ARE NOT ENERGY EFFICIENT WINDOWS AND RESULT IN HIGH UTILITY BILLS FOR THE TENANTS.
THIS REQUEST IS TO REPLACE THE HISTORIC WINDOWS WITH P ARCHITECT SERIES WINDOWS THAT HAVE THE SAME LOOK AND SIZE AS THE ORIGINAL WINDOWS.
[00:40:01]
HUNG 35.5 INCHES BY 84 INCHES.THEY ARE PRIMED WITH BASH PANEL AND INSULATED LOW E.
THE COST OF A PEL ARCHITECT SERIES WINDOW IS LESS THAN THE ACTUAL COST TO REMEDIATE AND REPAIR THE EXISTING WINDOW.
AT THE APRIL 17TH, 2019 COMMISSION MEETING, UH, H R D C, CASE NUMBER 2 0 1 9 DASH 1 79, THE APPLICANT AT PROPERTY SIX THREE OH EAST CARSON RECEIVED APPROVAL TO REPLACE ALL WOOD WINDOWS.
THIS PROPERTY IS LOCATED WITHIN A BLOCK OF THE SUBJECT PROPERTY, AND ON PAGE 12, YOU CAN ACTUALLY SEE A PICTURE OF THE PROPERTY THAT WAS SUBMITTED TO THE OFFICE OF HIS SORT OF PRESERVATION TO THE COMMISSION.
THE FRONT SHOWS THE WINDOWS AND THAT MY BOARD UP.
THOSE ARE THE ORIGINAL WOOD WINDOWS.
AND THEN BELOW YOU CAN SEE PICTURES OF THE REAR WINDOWS ON PER PAGE 13.
THESE, UH, PICTURES WERE TAKEN JULY 20 OF THIS YEAR.
IT SHOWS BRAND NEW, UH, DOUBLE PANE WINDOWS IN THE FRONT ON THE SIDE.
AND THEN, UH, ON THE LOWER RIGHT, YOU CAN SEE A CLOSEUP PICTURE OF THAT WINDOW.
ON PAGE 14 IS A COPY OF THE PERMIT FOR DEVELOPMENT SERVICES REGARDING THE WINDOWS.
AND THEN BELOW THAT IS THE APPROVAL BY, UM, UH, STAFF FOR REPLACEMENT OF WOOD WINDOWS.
NOW WE'LL GO TO PART TWO OF THE PRESENTATION.
UM, AND THAT IS ON PAGE, UM, 15.
THE REQUEST IS TO REMOVE TWO NON-ORIGINAL WINDOWS LOCATED ON THE EAST AND WEST SIDE OF THE NON-ORIGINAL UPSTAIRS.
THE WEST, UH, SIDE WINDOW IS A FALL O WINDOW.
UM, AND IF YOU, UM, LOOK AT IT, YOU CAN SEE IT DESIGNATED HERE BY THE ARROW.
UH, AND THEN I HAVE A CLOSEUP PICTURE OF IT.
MAINTENANCE ON THIS WINDOW REQUIRES AN INDIVIDUAL TO BE IN CLOSE PROXIMITY TO HIGH VOLTAGE WIRES WHEN PAINTING CAULKING AND REPAIRING SIDE DAMAGE.
IF THE WINDOW WERE REMOVED, IT WOULD ELIMINATE BIRDS NESTING AND REDUCE THE TYPE OF MAINTENANCE AMOUNT OF TIME REQUIRED FOR AN INDIVIDUAL TO BE NEAR THE HIGH VOLTAGE WIRE.
AT THE, UH, LAST COMMISSION MEETING, A MOTION WAS MADE TO INCLUDE REMOVAL OF THESE WINDOWS BY THE COMMISSION, BUT THE ITEM WAS NOT PROPERLY IZED, SO NO ACTION COULD BE TAKEN.
I'D LIKE TO POINT OUT ON PAGE 15, UH, ON THE UPPER RIGHT REMOVAL OF THAT WINDOW, UM, WHAT WOULD LOOK LIKE IF IF APPROVED.
ON PAGE 16, UH, ON THE UPPER PICTURE, THERE'S A YELLOW ARROW WHERE IT'S REQUESTED THAT THAT WINDOW BE REMOVED, AND BELOW IS A PICTURE OF WHAT IT WOULD LOOK LIKE IF IT WERE REMOVED.
I HAVE ATTACHED SEVERAL EXHIBITS.
UM, THEY PRIMARILY RELATE TO THE HISTORIC DESIGN GUIDELINES ON PAGE SIX, O H P USES THE DEFINITION OF HIGH, MEDIUM, AND LOW WHEN SURVEY SURVEYING THE CITY'S RESOURCES.
THE DEFINITION, THE DEFINITION OF LOW, UM, IS A PLAIN OR VERY SIMPLE EXAMPLE OF AN ARCHITECTURAL STYLE OR HAS HAD MANY ALTERATIONS OR ADDITIONS, THEREBY REMOVING HISTORIC MATERIAL OR DESIGN ELEMENTS.
AND I'M PROPOSING THAT THIS PROPERTY WAS ORIGINALLY A SINGLE FAMILY DWELLING AND LATER REMODELED INTO A MULTI FOURPLEX.
IT HAS BEEN REMODELED SEVERAL TIMES AND HAS SUSTAINED TWO MAJOR FIRES.
THIS PROPERTY HAS LOST ITS ORIGINAL DESIGN AND MOST OF THE ORIGINAL FABRIC ON, UM, ON MAY 1ST,
[00:45:01]
THE STAFF SUBMITTED A FINDING, UH, THAT'S REFLECTED IN EXHIBIT A, AND THEY STATE THAT THE APPLICANT HAS PROPOSED TO REPLACE THE EXISTING WOOD SIDING ON THE NON-ORIGINAL COURSE ENCLOSURE AND REAR ADDITION WITH SMOOTH COMPOSITE LAPSED SIDING.THEY HAVE STATED THAT WHILE COMPOSITE MATERIALS HAVE BEEN USED FOR NON-ORIGINAL FEATURES, STAFF STILL RECOMMENDS THAT IMPACT WORK SIGHTINGS SHOULD NOT BE REPLACED FOR LESS CONFORMING MATERIALS.
I JUST WANNA POINT OUT THAT, UM, THE COMMISSION HAS IN THE PAST APPROVED SUCH, UM, REQUEST.
I WOULD LIKE TO, UH, JUMP TO PAGE 16 AND, UH, KIND OF GIVE YOU, UH, AN IDEA OF WHAT THE SURROUNDING AREA LOOKS LIKE.
AND SO, UM, THAT'S, UH, IN REFERENCE TO USING THE HISTORIC DESIGN GUIDES ON PAGE 16TH.
SO THIS PROPERTY RIGHT BEHIND, UM, THE SUBJECT PROPERTY USED TO BE PART OF THE ORIGINAL PROPERTY.
IT WAS THE CARRIAGE HOUSE, AND YOU COULD SEE IT ON PAGE 20, HOW THOSE TWO PROPERTIES USED TO BE CONNECTED FROM THE UPSTAIRS, YOU CAN SEE INTO THE BACKYARD OF THIS PROPERTY ON PAGE 20 THAT'S LOOKING INTO THE BACKYARD AND AGAIN, LOOKING INTO THE BACKYARD.
THIS PROPERTY ON THE BOTTOM OF PAGE 21 KITTY CORNER ACROSS THE SUBJECT PROPERTY ON PAGE 22.
THIS PROPERTY IS A SINGLE FAMILY DWELLING, AND IT IS DIRECTLY TO THE EAST OF THE SUBJECT PROPERTY.
THE NEXT PROPERTY IS THE PROPERTY THAT HAS THE HARDY SIDING.
AND THEN, UM, THE PROPERTY ON PAGE 22 IS TO THE WEST OF THIS PROPERTY.
AND THEN ON PAGE 23, THE LOWER PROPERTY, UM, IN YELLOW IS DIRECTLY ACROSS THE STREET.
UM, I'M NOT GONNA GO OVER THE REST HERE, UM, BUT I WILL, UM, KIND OF TOUCH THE, THE COMMISSION RECOMMENDED THAT IN ORDER TO SEAL AND INSULATE THE PROPERTY, THAT THE INTERIOR, UH, THAT THOSE, THOSE, UH, FUNCTIONS COULD BE HANDLED THROUGH THE INTERIOR, UH, AND LEAVE THE, UH, OUTSIDE SIGNING SIDING INTACT.
AND I JUST WANNA POINT OUT THAT THERE ARE INTERIOR WALLS THAT WOULD HAVE TO BE REMOVED, UH, AS WELL AS THE TRIM IN ORDER TO SMOKE SEAL AND INSULATE.
AND THAT WOULD BE COST PROHIBITIVE.
I WOULD LIKE NOW TO JUMP REAL QUICK TO, UM, THE POWERPOINT THAT I HAD PREPARED, KIND OF SHOWING WHAT THE PROPERTY LOOKED LIKE ON THE INSIDE SO THAT YOU COULD SEE THE EXTENT OF THE DAMAGE TO UNDERSCORE THAT THERE WAS APPROXIMATELY 50% DAMAGE TO THE PROPERTY AS A WHOLE, AND THAT I AM DEALING WITH NOT JUST THE EXTERIOR PORTION, BUT THE WHOLE PROPERTY.
SO, UM, THE FIRST FEW PICTURES ARE PICTURES OF THE PROPERTY INSIDE BEFORE THE FIRE.
AND YOU CAN SEE ON PAGE ONE UNIT ONE THAT IT HAS WOOD FLOORING, THAT THE TRIM IS EIGHT INCHES, UH, BASEBOARDS EIGHT INCHES, ALL THE KITCHENS HAVE BEEN UPDATED, SO HAVE THE BATHROOM, THE CENTRAL HEAT AND AIR.
ARE ANY OF THESE, UH, ISSUES ON THE INSIDE PART OF THE, THE, UH, UH, REQUEST FOR THE, TO BE REVIEWED BY THE BOARD? THE, THEY RELATE IN THE SENSE THAT IT'S THE COST OF THE, I UNDERSTAND WE'RE MAKING A DECISION BASED UPON YOUR ASKING FOR US TO, TO, UM, OVERRIDE, UH, A DECISION BY THE BOARD ON THE EXTERIOR OF THE BUILDING.
IS THAT CORRECT? THAT'S CORRECT.
UM, IF WE COULD, COULD JUMP, WELL, LET'S GO THROUGH THESE VERY QUICKLY BECAUSE WE HAVE LIMITED IN TIME AND I WANNA MAKE SURE WE GET EVERYTHING COMPLETED TODAY.
THEN IF WE COULD JUMP SEVERAL PAGES FORWARD TO, UH, THE WINDOWS, BECAUSE THAT'S REAL, UH, RELEVANT TO THIS REQUEST.
I WANTED TO SHOW THE CONDITION OF THE WINDOWS.
UM, THEY'RE PROBABLY ABOUT EIGHT PAGES IN, AND I APOLOGIZE FOR THAT.
[00:50:01]
IF YOU COULD JUST KEEP SCROLLING DOWN, WHAT PAGE WOULD YOU, WOULD YOU LIKE US TO GO TO? UM, BECAUSE I TURNED IT OVER TO A P D F.REMEMBER, IF YOU'RE WATCHING ONLINE, THERE'S A DELAY, RIGHT? AND I'VE GOT IT ON ANOTHER.
ARE WE SUPPOSED TO BE LOOKING AT THE, FROM THE INSIDE? OKAY.
NOW DO YOU SEE THE WINDOWS? YOU CAN SEE THE, THE WOOD ROT ON THE WINDOWS? NO, WE'RE SEEING BURNT OUT EARLIER RIGHT NOW.
CONTINUE TO GO DOWN A COUPLE MORE PAGES.
YOU'LL SEE THE WINDOWS, WHICH IS IMPORTANT FOR THE INSIDE OF THE PROPERTY.
DO YOU HAVE A COPY OF IT IN FRONT OF YOU SO WE CAN, UH, TRY TO FIGURE OUT WHAT PAGE NUMBER IT IS? UH, IF YOU SCROLL DOWN TO PAGE 21, LET'S JUST GO THERE AND I'LL SUMMARIZE IT BECAUSE I UNDERSTAND, I UNDERSTAND THE QUESTION THAT YOU'RE JUST, IT'S THE LAST COUPLE OF PAGES, BUT, AND I WILL SUMMARIZE.
JUST GO AHEAD AND GO FORWARD WITH IT.
WE HAVE THE, THE WINDOWS ON THE SCREEN RIGHT NOW.
UM, GO AHEAD AND SCROLL PAST THE WINDOWS.
YOU'VE, I DON'T NEED TO LABOR THAT.
YOU CAN SEE HOW THEY'RE FALLING APART.
AND PART OF IT IS JUST WOOD ROTTED.
THE MATERIAL IS, IS DISINTEGRATING.
SO, UM, I MENTIONED IN MY EARLIER PRESENTATION ABOUT THE SIDING, UH, YOU CAN'T SEE THE DAMAGE UNTIL YOU ACTUALLY PEEL BACK THE ALUMINUM.
AND THAT'S WHAT IS ON PAGE 21, ILLUSTRATE.
UM, I'VE TALKED A LITTLE BIT ABOUT THE COST ON PAGE 22, AND, UM, IN MY APPEAL TO THE BOARD OF ADJUSTMENT, I'M ASKING THAT YOU CONSIDER THE EXTENUATING CIRCUMSTANCES, WHICH IS THE FIRE DAMAGE EXCEEDING 75% OF THE PROPERTY LEAD-BASED REMEDIATION, WHICH RELATE TO THE HEALTH AND SAFETY OF THE TENANTS, THE ENERGY EFFICIENCY NEEDS, WHICH IS FOR THE WELFARE OF THE TENANTS, THE FINANCIAL HARDSHIP, THE PROJECTED REPAIR COST OF $262,887 ALREADY EXCEEDS THE LIMITS OF THE INSURANCE POLICY.
THERE'S BEEN NO INCOME IN 2019 OR 20, AND THE ADDITIONAL 20 TO 26,000 THAT THE COMMISSION RECOMMENDS IS NOT AVAILABLE.
AND LASTLY, THE HISTORIC DESIGN GUIDELINES.
THESE ARE GUIDELINES, NOT RULES AND REGULATIONS THAT ARE REQUIRED OR MANDATED.
AND I'M ASKING THAT THE COMMISSION MAKE, UH, EXEMPTIONS.
I'M STATING THAT THE COMMISSION MADE EXEMPT EXCEPTIONS FOR REPLACEMENT WINDOWS AND COMPOSITE IN THE PAST.
THANK YOU VERY MUCH FOR LISTEN TO MY APPEAL.
SO THAT'S ESSENTIALLY WHAT WE'RE DEALING WITH IS THE EXTERIOR AND THE WINDOWS.
AND YOU HAD MADE
UM, WELL, I DON'T KNOW THAT IT WAS APPROVED.
WE'LL, WE'LL CHECK BACK WITH THE, UH, O H P.
UM, SO ESSENTIALLY WHAT YOU'RE SAYING HERE IS THAT THIS IS NOT A COST EFFECTIVE PROJECT TO CONTINUE UTILIZING THE GUIDELINES OF THE O H P, WHEREAS SEVERE DAMAGES HAS, UH, BEEN DEMONSTRATED AND THE LIKELIHOOD OF BEING ABLE TO MAKE THIS A FEASIBLE PROJECT IS UNLIKELY, UM, TRYING TO SALVAGE ITEMS THAT ARE EXTREMELY DESTROYED WEEDED.
UM, JAKE, DO WE HAVE ANY OTHER PUBLIC TESTIMONY HERE? YES, SIR, WE DO.
WE'VE GOT FIVE LETTERS TO READ INTO RECORD AS WELL AS TWO LIVE CALLERS.
UM, UM, I FORGOT YOUR NAME, A MS. APPLICANT, BUT, UH, NONE.
NONETHELESS, WILL YOU PLEASE HOLD ON AND LISTEN TO WHAT WE'RE ABOUT TO HEAR SO THAT YOU'LL BE ABLE TO COME BACK AND COMMENT ON THESE, ON THESE ISSUES? OKAY, THANK YOU.
ALL RIGHT, GO AHEAD AND ZEKE, LET'S HEAR SOME OF THE PUBLIC COMMENTS.
UH, THIS ONE IS FROM DIANA R AND JUDGE, A ACOSTA AT 5 31 EAST CARSON.
[00:55:01]
UH, WE RECENTLY HAD THE OPPORTUNITY TO VISIT WITH MARY JO, UH, VAGAS.SHE SHOWED US THE UPGRADE SHE IS PROPOSING TO MAKE, UH, THE APARTMENT FIT FOR OCCUPANCY ONCE AGAIN AFTER THE DEVASTATION CAUSED BY THE FIRE A WHILE BACK, UH, WHICH LEFT THE WHOLE COMPLEX UNINHABITABLE.
SHE SHOWED US SEVERAL SKETCHES OF WHAT IS, UH, SHE IS WANTING TO HAVE DONE, AND SKETCHES SHOWED US THE UPGRADE TO THE WINDOWS AND THE EXTERIOR SIDE, YOU KNOW, THAT, UH, THAT SHE WOULD LIKE TO HAVE PUT ON THE WHOLE BUILDING.
IT'LL LOOK ALL, LOOK VERY NICE AND DEFINITELY GREAT IMPROVED, UH, GREATLY IMPROVED THE APPEARANCE OF THE COMPLEX.
SHE TOLD US SHE WOULD LIKE TO MAKE THE EXTERIOR SIDING ALL UNIFORM BY REPLACING FOUR DIFFERENT KINDS OF EXTERIOR SIDING CURRENTLY ON THE BUILDING, AND THAT IT WOULD BE REPLACED BY A SMOOTH COMPOSITE MATERIAL, WHICH LOOKED VERY SIMILAR TO THE WOOD SIDING ON SEVERAL OF THE HOMES IN THE NEIGHBORHOOD.
THE WINDOWS PICTURES IN HER SKETCHES ALSO GREATLY ENHANCED THE OVERALL APPEARANCE OF THE STRUCTURE AND MADE FOR A VERY ATTRACTIVE LOOKING COMPLEX.
THERE ARE OTHER HOUSES IN OUR NEIGHBORHOOD THAT HAVE THE COMPOSITE SIDING ON THEM AND IN NO WAY DETRACTS FROM THE LOOK OF THE, OF THOSE HOMES.
AS A MATTER OF FACT, IT SERVES TO IMPROVE THE APPEARANCE AND BEAUTY OF THE UNIQUE ARCHITECTURE, ARCHITECTURE OF THE HOMES IN OUR AREA AS MUCH AS, UM, MORE AFFORDABLE COSTS.
IF HOMEOWNERS WANT TO TAKE THE INITIATIVE TO MAKE NECESSARY IMPROVEMENTS TO THEIR HOMES, THEY SHOULD BE ABLE TO DO SO BY USING MORE AFFORDABLE BUILDING MATERIALS RATHER THAN HAVING TO JUST LET THEIR HOMES FALL INTO FURTHER DISREPAIR.
UH, BECAUSE THEY CAN'T AFFORD TO PAY FOR THE ORIGINAL MATERIAL THAT THE HOMES ARE BUILT WITH.
UH, WE RESPECTFULLY ASK THE PROS, PROPOSED REQUEST BE TAKEN INTO CONSIDERATION, AND THAT THE OWNER BE ALLOWED TO MAKE THE REQUESTED IMPROVEMENTS.
SECOND LETTER IS FROM VICTOR FLOSS AT 5 26 EAST CARSON.
THERE ARE OTHER HOMES IN OUR NEIGHBORHOOD THAT HAVE COMPOSITE SIDING AND NEW WOOD WINDOWS.
THE PROPERTY HAD 5 6 30 EAST CARSON HAD, HAS ALL NEW WOOD, UH, WINDOWS SIMILAR TO THE THOSE BEING REQUESTED.
AND THE CHANGES PROPOSED BY MS. VARGAS WOULD IMPROVE THE APPEARANCE OF HER PROPERTY AND THAT OF THE NEIGHBORHOOD HOMEOWNERS WOULD BE ABLE TO MAKE NECESSARY IMPROVEMENTS TO THEIR HOMES USING MORE AFFORDABLE AND AT VERY SIMILAR CLOSING AS WELL.
NOW FOR VICTOR FLOTIS AT 5 26 EAST CARSON, MIKE ALEXANDER.
I MOVED TO SAN 1980 AND WORKED IN THE RESTORATION INDUSTRY, UM, BOTH AS A LICENSED CONTRACTOR AND LICENSED PROPERTY ADJUSTER.
AT THIS TIME, I ADVISED HOMEOWNERS, UM, TO WORK HOMEOWNER INSURANCE COMPANY TO SETTLE PROPERTY CLAIMS WHEN THE ORIGINAL SETTLE, UH, SETTLEMENT IS INSUFFICIENT.
THE ACTUAL, THE ACTUAL CA UH, CASH VALUE OF THE FIRE DAMAGE CLAIM TO THE PROPERTY OF 5 33 EAST CARSON, AS AGREED BY THE A S I INSURANCE WAS OVER $300,000.
THIS EXCEEDS THE POLICY LIMITS OF THE INSURANCE POLICY AND POLICY LIMITS, UH, WAS PAID BY THE A S I INSURANCE RECENTLY.
UH, THIS BASICALLY JUST GIVEN AN ASSESSMENT, THE PROPERTY HAS SUSTAINED DAMAGE WELL OVER 50%.
I HOPE THIS LETTER IS OF VALUE.
THIS ONE IS FROM THE GO HILL COMMUNITY ASSOCIATION.
THIS IS A REQUEST FROM THE GOVERNMENT.
HILL COMMUNITY ASSOCIATION IS, UM, A REGISTERED ORGANIZATION.
WE WORK WITH OTHER MEMBERS, ALL RESIDENTS WHO LIVE AND OWN BUSINESS IN GOVERNMENT HILL TO ADVOCATE ON ISSUES THAT AFFECT THE NEIGHBORHOOD.
OUR HISTORIC DISTRICT IS SMALL AND CONSTANTLY UNDER ATTACK BY INDIVIDUALS AND DEVELOPERS WHO HAVE, UH, NO RESPECT FOR THE HISTORIC VALUE OF CON OF STRUCTURES.
HISTORIC HOUSES HAVE BEEN, UH, TORN DOWN TO MAKE WAY FOR APARTMENTS OR CONDOS.
IF THE STRUCTURE OF 5 33, UH, CARSON REMOVES ALL OF ITS SIDING AND REMOVES WOOD WINDOWS, IT WOULD BE, IT WOULD BE BY HISTORIC DEFINITION, BE A NON-CONTRIBUTING STRUCTURE IN OUR HISTORIC DISTRICT.
THE O H P DID A GREAT JOB IN EVALUATING THE APPLICANT'S REQUEST AND MADE RECOMMENDATIONS OF DENIAL.
THE H C R C REVIEWED THE APPLICATION AND EVEN MADE AN EFFORT, OFFERED TO GO VIEW THE STRUCTURE, AND THEN VOTED TO DENY THE PEOPLE IN GOVERNMENT HILL VALUE AND STRUCTURES.
WE ASK THAT THE D O A DENY THE APPLICANT'S REQUEST AND PREVENT, UH, UH, DEGRADATION OF OUR HISTORIC DISTRICT.
THE LAST LETTER IS FROM PATTY, UH, IONIS, UH, PRESIDENT OF THE CONSERVATION SOCIETY OF SAN ANTONIO.
ATION SOCIETY OF SAN ANTONIO CONCURS THE STAFF RECOMMENDATION TO DENY THE CERTIFICATE OF APPROPRIATENESS APPEAL.
ALL EXISTING WOOD SIDINGS SHOULD BE RESTORED IN PLACE, AND ANY MISSING SIDINGS SHOULD BE REPLACED WITH WOOD LAP SIDING THAT MATCHES THE HISTORIC PROFILE.
ALSO, ALL EXISTING WOOD WINDOWS SHOULD BE REPAIRED RATHER THAN REPLACED.
THESE TYPES OF ARCHITECTURAL DE DETAILS ARE CHARACTER, UH, DEFINING ELEMENTS OF THE GOVERNMENTAL HILL HISTORIC DISTRICT AND SHOULD
[01:00:01]
BE RETAINED.THAT CONCLUDES ALL OF THE LETTERS THAT WERE SENT IN, AND WE DO HAVE TWO LIVE CALLERS.
THE FIRST CALLER IS GOING TO BE, UH, MARLENE HAWKINS.
MS. HAWKINS, IF YOU'RE ON THE LINE, UM, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
YOU HAVE TWO MINUTES, HAWKIN HAWKINS.
MS. HAWKINS, STANDBY AS WE TRY TO WORK THIS OUT.
UH, MS. HAWKINS, IF YOU'RE ON THE LINE JUST TALKING, SO YOU'RE TRYING TO TALK, MAKE SURE TO, UH, MUTE WHATEVER SPEAKERS YOU HAVE IN THE BACKGROUND.
UM, ONLY HAVE YOUR PHONE LINE ON WHEN WE UNMUTE YOU, THEN UNMUTE YOURSELF, OR IF YOU HAVE ALREADY UNMUTE YOURSELF AND THEN WE'RE GONNA TRY TO UNMUTE YOU.
I HAVE, AT THIS TIME, I THINK WHAT WE NEED TO FIND OUT FROM THE, UH, THE PERSON TRYING TO SPEAK IS WHETHER THEY'RE A SUPPORT OR, UH, UH, OF THE MOTION, UH, TO OVERRIDE THE O H P OR WHETHER THEY, UH, WANT THE O H P TO BE SUPPORTED.
WE'RE GONNA TRY TO LOOP THEM INTO AGAIN, BUT WE'RE GONNA GO ON TO THE NEXT CALLER.
SO THE NEXT CALLER IS ROSE HILL FROM THE GOVERNMENT HILL, UM, NEIGHBORHOOD ASSOCIATION.
MS. HILL, IF YOU CAN PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
YOU HAVE TWO MINUTES STATION WITH THE CITY REGARDING BO O, UH, CASE B O A 1 0 3 0 0 0 5 1.
THE GOVERN HILL ALLIANCE, UH, DENVER ASSOCIATION IS IN SUPPORT OF THE APPLICANT IN APPEALING THE THE H E R C DECISION.
UH, THIS PROPERTY WAS DAMAGED BY A FIRE TWICE.
THE OWNER COULD HAVE SOLD THE PROPERTY MOVED ON, BUT ONCE TO REPAIR THE BUILDING, CONTINUE TO BE PART OF THE GOVERNMENT HILL NEIGHBORHOOD.
THE OWNERS ARE DETERMINED TO INVEST MONEY AND REHABILITATE THIS BUILDING, UH, BUT CAN ONLY DO IT WITHIN MEANS OF THEIR BUDGET DUE TO THE FIRE TWO FIRE AND THE CIR.
UH, DUE TO THE TWO FIRES AND THE CIRCUMSTANCES, WE SEE THAT THIS COUPLE IS WANTING TO REHABILITATE THIS HOME SO THAT IT IS SAFE ENVIRON FOR THOSE, FOR THOSE TENANTS AND THEIR CHILDREN.
THE HOUSE HAS TWO TO THREE DIFFERENT, UH, ELEMENTS OF SIDING.
IT WOULD BE WITHIN THEIR BUDGET TO REMOVE ALL THE SIDING AND THE WOOD.
AND, UH, AND BECAUSE OF THE SMOKE DAMAGE THAT HAS GONE THROUGH, THEY WILL BE ABLE TO DO A BETTER JOB ON THE OUTSIDE, ENSURE THAT THE JOB GETS DONE CORRECTLY.
WE SEE NO REASON WHY, UH, THEY COULD NOT USE THAT SIDING THAT THEY'RE REQUESTING.
WITHIN A RADIUS OF THIS PROPERTY, FROM ONE HOUSE OF THE PROPERTY, UH, THERE IS A HOUSE THAT HAS 100% HARDY BACK SIDING WITH BRAND NEW WINDOWS.
WE ARE ALSO REQUESTING YOU GRANT THEM CONSIDERATION REPLACEMENT OF THE WINDOWS AND THE OTHER, AND THE, AND THE OTHER WORK THAT HAS, UH, THAT THEY'RE, THEY'RE ASKING TO COMPLETE.
THEY WOULD USE THE WINDOWS THAT H G R C ALREADY HAS WITHIN THEIR FOOD GUIDELINES.
I WOULD LIKE TO REEMPHASIZE, REEMPHASIZE THAT SIX 30 EAST CARSON, ALL THE WINDOWS BY H G R C WITHIN ONE BLOCK OF THIS PROPERTY WERE, UH, WERE GRANTED THAT, UH, WERE GRANTED THOSE, UH, WINDOWS.
UH, THEY TOOK OUT ALL THE 26 WINDOWS AND THEY REPLACE THEM WITH ALL, UH, WOODED WINDOWS AND, UM, UM, THAT, THAT THE, UM, THAT THE, UM, APPLICANT IS REQUESTING.
WE FEEL THAT THIS APPLICANT, UH, CAN'T COME IN AND DO A GREAT JOB.
THE PROPERTY'S BEEN SITTING FROM 2019 AND 2020, UH, DUE TO THEIR CIRCUMSTANCES AND THEIR, I GUESS THEIR BUDGET MEANS.
SO WE ARE DEFINITELY ASKING THAT THE COMMISSIONERS PLEASE, UH, HONOR THEIR REQUEST TO, UH, UH, TO APPROVE THE REQUEST AND GRANT THEM THE CERTIFICATE APPROPRIATE SO THEY CAN CONTINUE TO BEGIN TO WORK FOR THIS PROPERTY.
I ALSO WENT TO LIKE TO EMPHASIZE THAT THE NEIGHBORS WITHIN, UH, THE SURROUNDING PROPERTY OF THIS, UH, THE APPLICANT'S REQUEST ARE IN 100% SUPPORT OF THEM, UH, REHABILITATING THE HOME AND MAKING IT, BRINGING IT BACK TO THE CHARACTER OF THE SHORT.
[01:05:04]
NANA.I HAVE A QUESTION FOR THE APPLICANT.
I HAVE A QUESTION FOR THE PERSON THAT CAN I BE, CAN I, OKAY.
WE'RE NOT TAKING QUESTIONS YET.
HAVE WE FINISHED GETTING THE INFORMATION FROM THE OTHER CALLER? WELL, NO, SIR.
UM, I, I WOULD SUGGEST THAT YOU DO QUESTIONS FOR HER BEFORE WE HANG UP WITH HER.
MS. HILL? YES, THAT'S THE CALLER.
ROSE, ARE YOU STILL ON THE CALL? OH, SHE MIGHT HAVE HUNG UP.
ALL RIGHT, WE'RE GONNA TRY THE NEXT CALLER THEN.
ALL RIGHT, MS. HAWKINS, ARE YOU THERE? OKAY, WELL, HOLD, HOLD ON.
WE'RE TRYING, WE'RE TRYING LOOP BACK IN.
THE ISSUE THAT WE HAVE RIGHT NOW IS THAT THE APPLICANT IS ENTITLED TO REBUT ANY STATEMENT MADE BY WITNESSES.
STATE YOUR NAME AND ADDRESS FOR THE RECORD.
MY NAME IS MARLENE HAWKINS, 6 0 1 EAST CARSON.
I LIVE RIGHT ACROSS THE STREET FROM 5 33 CARSON.
I BOUGHT THE HOUSE THAT I HAVE FROM THE CONSERVATION SOCIETY WHO SAVED IT FROM A DEMOLITION LIST FOR 45,000.
IT'S WORTH HALF A MILLION NOW ON THE TAX ROLLS.
WE WENT TO THE SUPPLY PLACES AND BOUGHT THE WINDOWS AND DOORS, PUT THE WINDOWS IN ON ROPE, PULLEY.
UH, ALL THE FIXTURES AND DOORS HAD BEEN TAKEN BY THE NEIGHBORHOOD TO FIX UP THEIR HOUSES.
I LOOKED, UH, AT THE INTERIOR WITH A FLASHLIGHT BECAUSE THERE'S NO, UH, ALL THE WINDOWS WERE BOARDED UP.
NEVER HAD TO GO TO H D R C BECAUSE EVERYTHING I ASKED TO DO THERE WAS DONE WITH HIS SHORT PERSPECTIVE.
I REALLY WEIGHED THE HISTORIC HOUSE.
AND NOW MARY IS ASKING FOR A, A TOTAL, UH, DESTRUCTION OF THE HISTORIC NATURE OF A PRO PROPERTY.
WE WALKED UP THE STAIRS, WE LOOKED AROUND SMOKED DAMAGE.
SHE SAID THEY WERE NOT, THAT THEY WERE DAMAGED, THEY WERE BLACKENED, BUT WE WALKED UP AND DOWN THEM.
SO THEY MUST HAVE BEEN SAFE ENOUGH AT THAT.
UM, IT'S MOSTLY IN GOOD SHAPE, AS YOU CAN SEE FROM THE PICTURES AND THE WINDOWS WHEN YOU LOOKED AT THEM.
THEY ARE, THEY'RE VERY UNIQUE, HISTORIC, UH, THE, UH, ARCHITECTURAL SUPPLIES STORES, WE BOUGHT OUR, ALL OF OUR WINDOWS AND DOORS FROM THEM WE'RE ABLE TO REPLACE WITH LIKE KIND.
AND SO FIXING UP A HISTORIC IS NOT AS EXPENSIVE IF YOU DO SOME OF THE WORK YOURSELF AS, AS TRYING TO HIRE A CONTRACTOR.
I SINCERELY ASKED THE B O A TO DENY THIS REQUEST AND PROTECT OUR HISTORIC DISTRICT FROM DEVALUING OUR HISTORIC NEIGHBORHOOD WITH A NON-CONTRIBUTING STRUCTURE.
ALRIGHT, NOW IS THAT THE LAST, MAKE SURE YOU STAY THAT LINE MERLENE IN CASE THERE'S QUESTIONS.
IS THAT, ARE WE THROUGH WITH THE PUBLIC TESTIMONY? THAT IS CORRECT.
IT'S, THAT'S ENTIRELY, UH, THE CALLS AND THE COMMENTS.
UNDER THE RULES DURING THE APPLICANT IS ENTITLED TO REBUT THOSE STATEMENTS BEFORE WE GO INTO THE QUESTION, AN ANSWER QUESTION.
SO LET'S, UH, BRING THE APPLICANT BACK AND THIS WAY WE CAN START THE QUESTIONS WITH HER.
IS THE APPLICANT AVAILABLE, MS. FARGE? UH, WELL, OKAY, SIR, JUST A REMINDER,
[01:10:01]
SO WHEN WE HAVE LIVE CALLERS, WE NEED TO RELIEVE THAT CALLER TO MAKE SURE THAT WE HAVE ONLY THE NECESSARY NUMBER OF PEOPLE ON THE WEBEX.UH, SO AT THIS TIME, I WOULD SUGGEST THAT YOU DO, UH, QUESTIONS FOR THAT CALLER, MS. HAWKINS.
SHE, THAT WAY ONCE YOU'RE DONE, THEN WE CAN, UM, REMOVE HER FROM THE WEBEX CALL.
MS. HAWKINS, ARE YOU STILL THERE? MS. HAWKINS, ARE YOU STILL THERE? I'M STILL HERE, YES.
UM, AT THIS TIME I WOULD SEE IF THERE'S ANY QUESTIONS FOR HER.
DOES ANYONE ON THE BOARD HAVE A QUESTION FOR MS. HAWKINS? AGAIN? DOES ANYONE ON THE BOARD HAVE A QUESTION FOR MS. HAWKINS? MS. HAW? ALL RIGHT.
COGNIZE? UH, I HAVEN'T QUESTION.
UH, I KNOW THE DOING THAT KIND OF WORK, UH, BUT I'M CONCERN THAT, UH, MAYBE THERE ARE OTHER OPTIONS IN DISTRICT.
WHAT ARE THE OTHER, I WE HAVEN'T LOOKED INTO THAT ABOUT THAT BESIDES THE CONTRACTOR.
HELLO? ABEL? YEAH, I DIDN'T UNDERSTAND THE QUESTION, SIR.
WHAT I'M ASKING IS, UH, THE, THAT SHE RECEIVED OF ALL THESE MATERIAL, IT SOUNDS LIKE IT WAS A, A CONTRACTOR AND THAT WAS IT.
WERE THERE NO OPTIONS TO THE CONTRACTOR? UH, YES.
UM, UH, MS. UH, VARGAS IS A, IS A BROKER.
SHE HAS A BROTHER THAT IS A CONTRACTOR OR A BUILDER.
UH, AND, AND, UH, HE WORKS OVER THERE SOMETIMES ON SATURDAYS, I THINK WITHOUT PERMITS SOMETIMES.
BUT, UH, HE WORKS ON THE INSIDE OF THE BUILDING.
UH, THE, UH, THE, THE SUPPLIES ARE NOT AS EXPENSIVE.
YOU BUY TWO OF THEM UPPER AND LOWER FOR $40 EACH.
WE REFINISHED THEM AND PUT 'EM UP ON ROPE PULLEYS.
IT'S, YOU KNOW, TO DO IT THE RIGHT WAY IS NOT THAT MUCH MORE EXPENSIVE.
UH, YES, MS. UH, VARGAS TOLD ME THAT A CONTRACTOR WANTED $300,000 TO FIX UP THE PROPERTY.
IT DIDN'T TAKE US NEAR THAT MUCH.
AND WE HAD TO PUT A ROOF ON, UH, $12,000 BECAUSE WE DID IT RIGHT.
WE, UH, WE HAD TO PUT ELECTRICITY IN.
'CAUSE IT HAD NO, IT HAD ONLY THE, UH, CLOTH COVERED WIRES, AND THAT WASN'T SAFE IN THIS OLD WOODEN BUILDING.
UH, SO WE, WE DID EVERYTHING THE RIGHT WAY, AND IT DIDN'T COST US THAT MUCH BECAUSE WE DID SOME OF THE SCRAPING DOWN AND PAINTING OURSELVES.
BUT WE HIRED PEOPLE THAT WHEN WE HAD TO HAVE PERMITTED WORK DONE, WE HIRED PEOPLE.
WE'VE LEARNED A LOT BY DOING OUR RESTORATION WORK.
AND SINCE THEN WE HAVE RESTORED FOUR OTHER BUILDINGS.
WE KNOW IT DOESN'T COST ALL THAT AMOUNT OF MONEY THAT, THAT SHE IS TALKING ABOUT.
IF YOU DON'T USE THESE EXPENSIVE LAWYERS WHO, UH, I'M SORRY, CONTRACTORS WHO HAVE A, UM, A VERY EXCESSIVE AMOUNT OF COST.
DOES THAT ANSWER YOUR QUESTION? IT DOES.
JUST FOR THE RECORD, UH, MS. LUKIN QUENTIN, WHEN DID YOU RESTORE YOUR HOME? MS. HAWKINS UHHUH
WHEN DID YOU RESTORE THEM? I'M HERE.
HOW DID WE RESTORE OUR HOME? OH, WHEN? WHEN? OH, WHEN? WE BOUGHT IT IN 2000 AND WE, UH, WORKED ON IT FOR TWO OR THREE YEARS, UH, RIGHT AFTER THAT IN ORDER TO MAKE IT LIVABLE.
AND WE'RE RIGHT NOW IN THE MIDDLE OF DOING ANOTHER, UH, 20 YEARS LATER, UH, 17 YEARS LATER, MAKING ANOTHER, UH, RESTORATION OF IT TO, UH, AND, UH, IT, IT'S LOOK LOOKING BETTER AND BETTER EVERY TIME WE WORK ON IT, BUT WE DO IT BECAUSE THAT'S WHAT I WANTED WAS A HISTORIC HOUSE AND OUR NEIGHBORHOOD, THE, THE HOUSE AT SIX 30 THAT MARY TALKED ABOUT, THEY TOOK ALL THEIR SIGHTING OFF, SIR, BUT THEY DIDN'T GET PERMISSION FROM ANYBODY TO DO IT.
THEY HAVE MADE THAT NOW A NON-PERFORMING, A NON, UH, PERFORMING STRUCTURE IN THE, AS A HISTORIC STRUCTURE, THE HISTORIC IS DETERMINED BY THE OUTER, UH, BY THE, BY THE SIDING, BY THE, UH, FEATURES, BY THE ROOF, UH, AND THE WINDOWS MUCH WE'RE INVOLVED
[01:15:01]
IN THIS PROCESS.SO WE'RE AWARE OF WHAT THE RULES ARE.
THE QUESTION REALLY WAS, WAS THAT YOU DID THIS, YOUR ORIGINAL RE RESTORATION IN THE EARLY 2000 YEARS.
AND YOU'RE DOING IT AGAIN, WHICH SORT OF PROVES THE APPLICANT'S REQUEST BECAUSE SHE WANTED TO DO SOMETHING MORE LONG TERM.
HOWEVER, THAT'S IN MATERIAL AT THIS POINT.
WHAT I WAS TRYING TO DO IS TRYING TO GET A BASIS, WHAT WE'RE TALKING ABOUT.
DOES ANY OTHER BOARD MEMBER HAVE A QUESTION FOR MS. HAWKINS? NONE BEING THE CASE.
YOUR TESTIMONY IS, IS VERY APPRECIATED.
WE THANK YOU FOR TAKING THE TIME THAT INFORMATION.
UH, ZACH, DO WE HAVE ANY OTHER, ANY MORE TESTIMONIES? THAT WAS IT.
AND WE HAVE MS. VARGAS BACK ON THE LINE.
ALRIGHT, MS. VARGAS, YOU'VE HAD AN OPPORTUNITY TO HEAR SOME OF THE TESTIMONY THAT HAS BEEN GIVEN.
UH, YOU WERE ENTITLED TO REBUT THOSE STATEMENTS.
UH, AND THEN IMMEDIATELY AFTER YOU DO SO, UH, WE'RE GONNA BE ASKING YOU SOME QUESTIONS.
SO PLEASE, UH, DEAL WITH, UH, THOSE, UH, STATEMENTS MADE.
UM, WHAT I WOULD SAY WITH MS. HAWKINS' STATEMENTS THAT THOSE ARE NOT ACCURATE, AS SHE'S DEPICTION, I DID NOT SHARE THOSE TYPES OF DETAILED CONVERSATIONS REGARDING THE RESTORATION OF THE PROPERTY, NOR DID I GO AND GIVE HER A PERSONAL TOUR OF THE, UH, EACH ITEM.
UM, AND I HAVE GOTTEN PERMITS, UH, CONSISTENT WITH, UH, THE CITY REQUIREMENTS.
UH, SO I'M VERY CONCERNED ABOUT ALLEGATIONS OF NON, UH, COMPLIANCE, BUT THAT'S THE EXACT REASON WHY WE ALLOW YOU TO REBUT THE STATEMENT.
SO, UH, YOU HAVE NO FURTHER TESTIMONY.
I'M GONNA, I'M GONNA GO AHEAD AND ASK THE BOARD, UH, TO, UH, ASK YOU SOME QUESTIONS THEY HAVE SAVED UP, UM, FROM THE TESTIMONY THEY'VE HEARD.
BRAGG MEMBER, I HAVE A QUESTION.
YOU, UM, SO I HAVE SEVERAL QUESTIONS.
UM, ON YOUR EXHIBIT, ON PAGE 23, THERE WAS A YELLOW HOUSE IN THE NEIGHBORHOOD.
UM, WHAT IS THE EXTERIOR OF THAT HOUSE? IS IT HARDY? IS IT WOOD? IT IS.
AND THEN THE OTHER QUESTION I HAD IS, UM, 6 33 CARSON THAT HAS BEEN REFERRED TO THAT HAS NEW WINDOWS.
AND THIS MAY BE A QUESTION FOR, UH, O H P.
WERE, WERE THOSE APPROVED? WAS WAS ANY OF THE WINDOWS OR THE PARTY SITING APPROVED BY H D R C OR O H P? YES.
THIS IS WHO WITH THE OFFICE OF HISTORIC PRESERVATION.
UH, I BELIEVE THAT CASE CAME TO US LAST YEAR.
UH, WINDOW REPLACEMENT WAS APPROVED BECAUSE THE COMMISSION FOUND THAT A MAJORITY OF THEM WERE, UH, BEYOND REPAIR AND THAT THE CUSTOM WINDOWS MATCHED, UH, THE EXISTING WINDOWS.
AS FAR AS HARDY SIDING, ANY THAT YOU SEE IN THE NEIGHBORHOOD OR THAT IS REFERENCED, UH, WE WOULD ONLY APPROVE A SMOOTH HARDY LAP SIDING ON ADDITIONS OR REAR ACCESSORY STRUCTURES, NOT ON ANY HISTORIC, UM, FRONT PRIMARY FACADE.
AND THEN THE LAST QUESTION I HAD, THIS IS FOR THE APPLICANT.
YOU HAD MENTIONED FAUX WINDOWS ON THE UPSTAIRS, UH, THEY APPEARED TO BE ON THE ENDS OF THE, UH, LOOKS LIKE SECOND FLOOR PORCH THAT WAS, UM, WALLED IN.
WHAT, WHAT DID YOU MEAN BY FAUX WINDOWS? IT HAS THE APPEARANCE OF A WINDOW ON THE OUTSIDE, BUT ON THE INSIDE IT HAS SHEET ROCK, SO IT'S NOT A FUNCTIONING WINDOW.
SO WHEN YOU'RE ASKING TO TAKE THOSE OUT, YOU REALLY ARE NOT TAKING A WINDOW OUT, YOU'RE JUST MAKING THE EXTERIOR MATCH THE INSIDE? THAT IS CORRECT.
OR ORIAN, MS. DORIAN, YOU'RE RECOGNIZED? YES.
UM, SO THERE WAS, UH, WE, WE HEARD FROM TWO, UH, COMMUNITY ASSOCIATIONS, UH, ONE, THE GOVERNMENT HILL COMMUNITY ASSOCIATION, THE OTHER ONE, THE GOVERNMENT HILL NEIGHBOR ASSOCIATION.
DID YOU GO TO ANY MEETINGS THAT THOSE EITHER OF TWO, EITHER THOSE TWO GROUPS, UH, HELD, UH, ABOUT YOUR REQUEST? AND, UH, CAN YOU, AND IF SO, CAN YOU PLEASE COMMENT ABOUT IT? AND THE SECOND QUESTION I'D LIKE YOU TO COMMENT ON THIS IS, AGAIN, FOR THE APPLICANT, UH, YOU HAD MENTIONED THAT ON THE UPPER PART OF THE, THE TWO WINDOWS, THOSE FAUX WINDOWS THAT YOU WANTED TO REMOVE, THAT YOU HAD, YOU HAD MENTIONED THAT THERE WAS
[01:20:01]
A CONFLICT WITH ELECTRICAL, BUT ON THE EAST SIDE THERE DIDN'T APPEAR TO BE ANY ELECTRICAL.I WAS WONDERING IF YOU COULD PLEASE, UH, VERIFY OR CONFIRM THAT.
THE ELECTRICAL IS ONLY ON THE WEST SIDE.
AND THEN REGARDING, UH, THE TWO NEIGHBORHOOD ASSOCIATIONS, UH, DID YOU ATTEND, UH, MEETINGS WITH EITHER OF THOSE TWO GROUPS? I DID NOT GO TO EITHER OF THOSE GROUPS.
WERE YOU MADE AWARE THAT THEY WERE HAVING A MEETING OR PERHAPS RENDERING A DECISION REGARDING YOUR REQUEST? NO, I WAS NOT AWARE.
UH, DO WE HAVE ANY OTHER BOARD MEMBERS ON ANYONE? MS. CRUZ? MS. CRUZ, YOU'RE HEREBY RECOGNIZED? OKAY.
UM, MS. MARGUS, THE ONLY THING IS I UNDERSTAND WHAT YOU'RE TRYING TO DO NOW, ARE YOU GONNA HAVE IT AS A RENTAL PROPERTY AGAIN? ARE YOU GOING BE JUST MAKING IT A ONE, ONE STRUCTURE FOR ONE FAMILY? IT, IT WILL REMAIN A RENTAL PROPERTY.
SO IT WOULD BE FOUR UNITS AGAIN, IS THAT WHAT YOU'RE SAYING? THAT IS CORRECT.
THANK YOU VERY MUCH, MS. CRUZ.
ANY OTHER, UH, BOARD MEMBER HAVE A QUESTION? ALL RIGHT.
MR. DELMER, YOU, YOU'RE
UH, EACH ONE OF THE PANELS HAS BEEN REPLACED, UM, WITH UPGRADED, UM, BREAKER BOXES AND ADDITIONAL REWIRING WAS DONE BECAUSE, UM, IT HAD BEEN BURNT THE OUTSIDE.
MY UNDERSTANDING IS THAT THE CONTRACTOR WILL GET WITH C P S TO RESTORE, I GUESS THE BACK OF HOW THOSE PANELS ARE, ARE LEADERS ARE MOUNTED.
SO YES, ALL OF THAT WILL BE BROUGHT UP TO CODE AND THEY'VE BEEN WORKING ON IT FOR THE LAST YEAR AND A HALF.
DOES THAT ANSWER YOUR QUESTION, MR? YES, SIR.
MRS. FISH, DO YOU HAVE A QUESTION? YES.
IT APPEARS JUST FROM THE INTERIOR THAT WE'VE SEEN THAT THE PROPERTY IS CENTRALLY AIR CONDITIONED AND HEATED.
IS THAT CORRECT? THAT IS CORRECT.
AND IN THE SLIDES YOU CAN SEE IN THE ATTIC WHERE ALL THE DUCT WORK HAD BEEN FRIED.
SO THERE'LL BE, UM, QUITE A BIT OF, UH, AIR CONDITIONING, HEATING REPAIRS, AND ALL THE DUCTS WILL BE REPLACED.
SO YES, THAT'S WILL HEAT AIR WAS, WHEN, WHEN WAS THAT, WHEN DID THAT OCCUR? THE FIRE ACTUALLY OCCURRED IN 2017.
AND IT WAS RECENT THAT I SETTLED WITH THE INSURANCE COMPANY.
BUT I WAS SAYING THE AIR CONDITIONING, THE AIR CONDITIONING AND HEATING, THE CENTRAL UNIT WAS PREVIOUS TO THAT TIME, RIGHT? IT WAS INSTALLED, UH, IN ABOUT 2010.
UH, WHAT WAS THE CAUSE OF THE FIRE? IT WAS AN ELECTRICAL, UM, FIRE THAT STARTED DOWNSTAIRS IN THE CORNER, UH, UNIT ONE.
UH, THEY NEVER DETERMINED THE EXACT CAUSE OF THAT FIRE.
NOW IS THERE ANY OTHER QUESTIONS? ORIAN MR. ORIAN, PLEASE? UH, YES.
UH, FOR STAFF OR FOR O H P, UH, WE'VE HEARD TESTIMONY THAT THIS HOUSE, UH, HAS BEEN REPAIRED, UH, OVER THE YEARS AT AT LEAST TWICE BEFORE I UNDERSTAND, UH, CA HAS ANY OF THOSE REPAIRS, UH, HAPPENED PRIOR TO THE HISTORIC DESIGNATION THAT THE HOUSE CURRENTLY HAS? UH, PER OUR RECORDS, UH, STAFF DOESN'T SEE ANY CERTIFICATES OF APPROPRIATENESS ISSUED BEFORE 2017.
WHEN WAS SOME PRIOR, UM, THE ONLINE PORTAL SYSTEM? IN 24? BEFORE 2014.
BUT THAT WOULD REQUIRE, UM, ARCHIVAL, UH, RESEARCH.
LIKE WHEN, WHEN WAS THIS, UH, A DESIGNATED AS A STORE? DO YOU KNOW? THE, THE YEAR? UH, ONE MOMENT.
AND, AND THE REASON WHY I'M ASKING IS I'M CURIOUS TO KNOW HOW
[01:25:01]
YOUR EVALUATION IS DONE.IF YOU HAVE A HOME THAT WAS BUILT A VERY, VERY LONG TIME AGO, UNDERWENT SOME REPAIRS THAT KIND OF CHANGED THE LOOK, UH, 'CAUSE YOU, YOU HAD COMMENTED IT WAS FOUR DIFFERENT, UH, TYPES OF SIDING GOING ON OUT THERE, UH, AND THEN IT GETS DESIGNATED AS HISTORIC, YOU KNOW, DOES THAT CHANGE IN ANY WAY HOW YOU EVALUATE? UH, NO.
IF, IF THERE WERE SUBSTANTIAL CHANGES, UM, IT, IT WOULD STILL LIKELY BE A CONTRIBUTING STRUCTURE AND IT'S STILL CONTRIBUTING TODAY.
UH, MOST OF THE, THE ARCHITECTURAL FEATURES ARE STILL INTACT AND, AND THAT'S WHAT WE ARE TASKED TO, UH, TO PRESERVE AND, AND WE WANNA KEEP IT THAT WAY.
WELL, THANK YOU THAT THAT GETS TO THE CRUX OF WHAT MY QUESTION WAS.
ANY OTHER BOARD MEMBER? I HAVE A QUESTION.
I WANT TO THANK, UH, THE APPLICANT FOR BRINGING THIS TO OUR ATTENTION.
IF I COULD, I JUST WANNA BE SURE THAT, UH, OFFICE OF HISTORIC PRESERVATION HAS THE OPPORTUNITY FOR REBUTTAL AS WELL IN CASE.
UH, PLEASE DEAL WITH THOSE ISSUES THAT, UH, DIRECTLY AFFECT, UH, REASONING FOR YOUR, YOUR POSITION.
JUST, UH, JUST TO REITERATE, STAFF, UH, OBSERVES THAT THERE IS, AS THE APPLICANT MENTIONED, UP TO 80% OF ORIGINAL WOOD SIDING ON THE STRUCTURE, UH, THAT WOOD SIDING SHOULD BE MAINTAINED.
UM, IF THE, IF REPLACEMENT IS REQUIRED, ULTIMATELY WE WOULD STILL WANT IT TO FEATURE WOOD LAPSE SIDING RATHER THAN TRANSITIONING TO HARDY.
UM, SO, BUT AT THIS TIME, THE ORIGINAL RECOMMENDATION AND AND COMMISSION ACTION IS TO PRESERVE AS MANY, AS MUCH HISTORIC MATERIAL AND ONLY REPLACE WERE COMPLETELY DAMAGED OR, UM, OR MISSING.
AND FOR THE, UH, THE PORCH WINDOW ENCLOSURE, JUST TO CLARIFY, UH, THOSE ARE EXISTING WINDOWS ON THE, UH, ON THE PORCH ENCLOSURE ON THE SECOND FLOOR.
THE APPLICANT IS REQUESTING TO REMOVE THEM, ANDIN FILL THEM BECAUSE OF A RECENT INTERIOR RENOVATION TO TURN THOSE AREAS INTO, UM, CLOSETS OR ROOMS THAT DON'T REQUIRE WINDOWS IN THOSE AREAS.
SO THOSE WERE FUNCTIONING WINDOWS UNTIL, UH, RECENT RENOVATION.
UH, THAT GUIDELINE IS TO MAINTAIN THAT, UH, PORCHES STILL READ AS PORCHES DESPITE ENCLOSURE.
MY UNDERSTANDING HERE IS WE CANNOT, UH, BREAK DOWN THE PROCESS THAT THE O H P IS USED IN ORDER TO, TO MAKE A RULING, WHETHER IT IS A SUPPORT OR DENY, UH, UH, THE REQUEST.
BUT, UH, SO THOSE ASPECTS OF THIS, I DON'T BELIEVE ARE REALLY IN OUR BURDEN VIEW RIGHT NOW.
WHAT WE'RE DOING IS REVIEWING THE OAC DECISION AND WE EITHER ACCEPT IT OR REJECTED.
IS THAT, IS THAT THE CASE, CATHERINE? YES.
SO ULTIMATELY WHAT'S IN FRONT OF THE BOARD TODAY IS JUST SIMPLY WHETHER THE, THE APPEAL IS TO BE WITH UPHELD OR TO UPHOLD THE O H P DECISION TO DENY THE REQUEST, RIGHT? SO WE'RE NOT ACTUALLY DEALING WITH THE INDIVIDUAL ASPECTS OR QUESTIONS.
WE, WE CAN'T, FOR INSTANCE, SAY YES, WINDOWS, NO SIDING.
WE ACTUALLY HAVE TO ACCEPT WHETHER WE ARE GOING TO, UH, ACCEPT THE APPEAL TO PROTECT THE O H P OR TO, UH, SIDE WITH THE O H P.
IS THAT CORRECT? WE'RE CONCURRENT RIGHT NOW WITH, WITH LEGAL.
SO, UM, CHAIR, BASICALLY WHAT IT IS, UH, DOMINIC
SO IN OTHER WORDS, WE'RE GRANTING THEM THE OPPORTUNITY TO TAKE THOSE PARTICULAR BOARD, IS THAT CORRECT? YES.
IF THE, IF THE APPLICANT'S APPEAL IS APPROVED, THEN IT GOES BACK TO THE PROCESS BECAUSE THEN THE BOARD FEELS THAT THE DECISION MADE BY H D OR C AND O H P WAS AN ERROR.
AND I BELIEVE UNDER THOSE, UH, THAT ASPECT THEREBY APPROVING
[01:30:01]
OR DENYING, IF WE DO APPROVE THE APPLICANT'S REQUEST, WE CAN MAKE RECOMMENDATIONS ONLY, UH, IN YOUR, IN YOUR FINDINGS OF FACT OR YOUR REASON WHY THEY'RE NOT EXACTLY FINDINGS, THE FACT FOR AN APPEAL.BUT IN YOUR REASON WHY OR YOUR DISCUSSION, YOU CAN CITE THOSE REASONS FOR THE MOTION FOR APPROVAL.
THAT'S EXACTLY WHAT I WANNA MAKE SURE, BECAUSE I'M GONNA BE ASKING FOR A BOARD MEMBER TO MAKE A MOTION HERE, AND I WANTED TO MAKE ANY OF THESE BOARD MEMBERS TO UNDERSTAND WHAT WE'RE ACTUALLY DEALING WITH.
WE'RE NOT CONCERNED WITH THE FACT THAT IT HAD ALUMINUM SIDING, ALTHOUGH THAT IS IMPORTANT.
WE'RE NOT CONCERNED WITH WHETHER WINDOWS HERE OR THERE.
ALL WE'RE DOING IS WE'RE GOING TO EITHER APPROVE THE, UH, REQUEST OF THE APPLICANT RETURNING IT BACK TO THOSE BOARDS WITH OUR RECOMMENDATION THAT THESE POINTS BE TAKEN INTO CONSIDERATION.
AND, UH, SO THEREFORE, AT THIS TIME, I'M GONNA MAKE A REQUEST TO THE BOARD FOR A MOTION, AND I WOULD EXPECT THAT THERE WILL BE SOME POINTS TO BE MADE, UH, REGARDS TO THIS SHOULD BE A VERY SIMPLE MOTION, SO ANYONE WILL VOLUNTEERING TO MAKE THAT MOTION.
ALRIGHT, MS. ORIAN, I'M RECOGNIZING YOU TO MAKE THE MOTION, UH, REGARDING CASE NUMBER BO A 2 1 0 3 0 0 0 5 1.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DECISION TO ISSUE A CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY AT 5 33 EAST CARSON, APPLICANT BEING MARY J. VARGAS.
DO, ARE YOU MAKING ANY, UH, UH, SPECIFIC RECOMMENDATIONS THIS TIME OR DO YOU WANNA WAIT FOR THE DISCUSSION IT'S APPROPRIATE TO, FOR THE DISCUSSION? SO WE JUST NEED A SECOND, THEN YOU CAN OPEN UP FOR DISCUSSION.
LET'S DO HAVE A SECOND ON TEAL.
ALL RIGHT, LET'S, UH, UH, DO WE HAVE A MOTION AND A AND A SECOND, LET'S OPEN UP FOR DISCUSSING MR. ORIAN.
UH, UM, SO I, I, I HAVE, UH, I TAKE NO ISSUE WITH, UH, WITH THIS, I, I, I DON'T, I'M IN FAVOR OF GRANTING THE APPEAL SOLELY BECAUSE HERE YOU HAVE AN OLDER HOME THAT HAD FOUR DIFFERENT TYPES OF SIDING AND SHE'S GONNA MAKE IT ONE TYPE, UH, THAT'S OF, UH, MORE FIREPROOF, UH, THAN, THAN WHAT'S PREVIOUS THERE.
UH, AND, AND WE HEARD, WE HEARD, UH, DISCUSSION FROM O H P THAT IF THIS WAS, UM, A COMPLETE REBUILD, IT WOULD BE LOOKED AT DIFFERENTLY AS OPPOSED TO WHAT THEY CONSIDERED A, A, A PARTIAL DAMAGE.
UH, AND AS FAR AS THE WINDOWS GO, IT APPEARS SHE'S ATTEMPTING TO PUT IN A WINDOW THAT IT'S, HAS THE INTENT OF MEETING AN ARCHITECTURAL STANDARD, UH, CONDUCIVE TO THE AREA.
SO, UM, I THINK THAT IT WOULD, THAT DOESN'T, SO I THINK THAT'S FINE FOR ME, AND I THINK IT WOULD BE FINE FOR IT TO GO BACK TO THE H D R C TO REEVALUATE.
ALRIGHT, UH, MINISTER THIEL, YOUR RECOMMENDATION, PLEASE? UH, YES, SIR.
I'M ACTUALLY, UH, GONNA BE IN OPPOSITION TO THE, THE MOTION THAT'S READ.
UM, I'VE RENOVATED PLENTY OF HISTORIC HOMES, UH, VERY FAMILIAR WITH THE COST OF IT.
I DIDN'T SEE ANYTHING THAT, THAT MET, UH, THE NEEDS, UH, TO, TO SUPPORT THIS AMENDMENT, OR EXCUSE ME, TO SUPPORT THIS MOTION IS READ.
UM, AND THEREFORE I'LL BE VOTING NO.
ANY OTHER BOARD MEMBER HAVE, UH, INPUT HERE? LOVE.
I'M SORRY? WHO? LOVE MR. LOVE, PLEASE.
YOU RECOGNIZE, SO WE JUST FIRE STATION'S REQUEST TO USE A MATERIAL THAT WOULD LAST LONGER, UH, THAT'S LESS EXPENSIVE.
UM, IF LAP SIDING IS, IS, IS CHOSEN ON THIS HOUSE, I BELIEVE THAT MEETS A CHARACTER OF THE NEIGHBORHOODS OR THE NEIGHBORHOODS SURROUNDING IT.
UM, HAVING BEEN THROUGH MY, THERE MYSELF, FAMILIAR WITH IT, UM, IF SHE WANTS TO USE HARDY, THEN SHE SHOULD NOT BE TOLD NO.
IF SHE'S GOING CHOOSING TO USE A WINDOW, A WOOD WINDOW, THOSE PELLA ARCHITECTURAL SERIES ARE NOT T UM, UH, THEY'RE WOOD WINDOWS.
THEY DON'T HAVE THE INTERNAL PULLEY, UH, WHICH NO ONE EVER SEES.
UM, I, I AM, I, I THINK IT WOULD BE CRIMINAL TO NOT ALLOW THIS LADY TO FIX THIS HOUSE UP, UH, FROM THIS REALLY WHAT'S, WHAT LOOKS LIKE TO BE DETERIORATING STATE.
I'LL BE VOTING TO SUPPORTER APPEAL.
I AGREE WITH MR. LOVE, MR. LOVE WHAT HE SAID.
AND ALSO THE LADY WAS STATING IN TERMS OF THE, UH,
[01:35:01]
SAFETY AND THE IMPROVEMENTS OF THE INTERIOR FOR PEOPLEUM, I'LL ALSO GO WITH THAT WITH THE APPLICANT MYSELF, BRIGMAN.
THEY KEEP UP MUTING ME, SO I CAN'T SPEAK.
UH, MS. BRIGHTMAN, YOU HAVE THE FLOOR.
UM, I'M GONNA BE, UH, SUPPORTING THE APPEAL AS WELL.
I'M JUST CONCERNED THAT THIS PROPERTY'S BEEN SITTING EMPTY FOR TWO YEARS, AND AT SOME POINT I'M CONCERNED THAT THE APPLICANT MAY DECIDE THAT IT'S NOT WORTH CONTINUING WITH THIS PROJECT, THE KIND OF EXPENSES THAT, UM, WE'RE LOOKING AT.
AND THEN I'M CONCERNED THEN THIS JUST BECOMES A VACANT PROPERTY THAT SITS THERE.
UM, SO I'M IN, I'M IN SUPPORT OF THE APPEAL.
THANK YOU VERY MUCH, MR. MAGMAN.
ANYONE ELSE? OONA? I'M SORRY, MS. UNA? YES.
I'M GONNA BE IN SUPPORT OF THE MOTION AS WELL.
UM, I BELIEVE THAT THE BORROWER, UH, HAS DIFFERENT FINANCIAL, I MEAN, I'M SORRY.
THE APPLICANT HAS DIFFERENT FINANCIAL, UM, TIMELINES AND THE NEIGHBOR ACROSS THE STREET WHO IS DEVELOP, UH, REDEVELOPING HER PROPERTY FOR HER OWN PERSONAL RESIDENCE, UH, WITH AN INVESTMENT PROPERTY, THERE IS A NEED TO, UH, BE QUICK TO DO THE, UM, RENOVATION AND MAY LOOK TOWARDS USING MORE, UH, MORE MATERIALS THAT ARE SUSTAINABLE AND LONGER LIVING MATERIALS, AND IF THERE WERE OWNER OCCUPIED AND SOMEBODY LIVING THERE THAT COULD, UH, MAINTAIN AND CONTINUE TO MAINTAIN THE PROPERTY ON THEIR OWN TIMELINE.
SO FOR THAT REASON, IF THE MATERIALS THAT SHE'S PROPOSING TO USE, I'M GONNA SUPPORT THE MOTION, UH, TO, UH, TO OVERTURN.
UH, YES, I, THIS, UH, REQUEST TO ME IS, IS FAIRLY COMPLICATED.
IT'S, IT'S MORE THAN JUST REPLACING ONE MATERIAL WITH ANOTHER.
IT'S, IT'S RATHER, UH, YOU KNOW, REPRODUCTION COSTS VERSUS REPLACEMENT COSTS.
AND WHEN YOU LOOK IN IT TO A HISTORIC STRUCTURE, WHICH I DO LIVE IN A HISTORIC STRUCTURE, I'M VERY WELL AWARE OF THE COSTS INVOLVED AND THE MAINTENANCE INVOLVED, BUT THAT'S ONE OF THE REASONS WHY GOVERNMENT HILL IS A HISTORIC AREA.
UM, AND TYPICALLY I WOULD BE SUPPORTIVE OF UPHOLDING THE GUIDELINES OF THE HISTORIC DISTRICT.
UH, ON THE OTHER HAND OF THERE ARE SIGNIFICANT REASONS TO APPROVE THIS, UM, IT IS A MULTIFAMILY, I I DON'T KNOW WHETHER IT WAS ORIGINALLY A MULTIFAMILY, I MEAN ORIGINALLY, OR A SINGLE FAMILY, UM, STRUCTURE IN THE BEGINNING, IT WAS BUILT IN THE 1920S.
UH, IT APPEARS TO ME THAT THE EXTERIOR SIDING IS VERY CLOSE IN APPEARANCE, AND I'VE, I'VE WORKED WITH THIS, THESE TYPES OF, UM, MATERIALS BEFORE, AND YOU DO HAVE A MUCH LONG LASTING AND MAINTENANCE FREE TYPE OF, UM, MATERIAL THAT IS, IS MORE CONDUCIVE TO MAINTAINING THE MAINTENANCE OF THE PROPERTY IN THE LONG RUN.
UM, I, I JUST, YOU KNOW, THERE'S A LOT TO BE SAID ON BOTH SIDES.
UH, WINDOWS WITH WOOD REQUIRE A, A SIGNIFICANT AMOUNT OF MAINTENANCE.
UM, I TEND TO BE MOVING TOWARD APPRO, UH, APPROVING AND, AND NOT GOING AHEAD AND APPROVING IT, UH, AND SENDING IT BACK TO THE, UH, H D R C.
DOES HUMANA ARMA, YOU HAVE THE FLOOR.
SO, UM, WORKING IN COMMUNITIES AND TRYING TO ESTABLISH STANDARDS AND NORMS IS, IS A DIFFICULT TASK.
AND YOU WORK WITH THE WHOLE COMMUNITY TO TRY TO GET IT THERE.
AND, AND IT IS JUST, IT'S A BIG ENDEAVOR AND PEOPLE WANNA LIVE, YOU KNOW, WHERE THEY WANNA LIVE AND THEY WANT, AND SOMETIMES WANT TO PRESERVE THAT, YOU KNOW, THAT THAT IDEA AND THAT SPACE.
AND SOME GO TO THE EXTREMES, YOU KNOW, OF SETTING LIKE THE EXAMPLE HERE WITH REGARDS TO THE HISTORICAL DISTRICT.
AND SO, SO I THINK THAT, YOU KNOW, WHEN YOU, WHEN YOU MOVE INTO AN AREA AND YOU KNOW, THIS HISTORICAL YOU BOUGHT INTO THAT PROCESS, AND TO GO AGAINST THAT PROCESS, TO ME SEEMS TO BE COUNTERPRODUCTIVE TO THE COMMUNITY AND WHAT IT IS THAT THEY DESIRED.
UM, SO, UM, I THINK THAT THERE ARE, THERE ARE OPTIONS THAT WERE PRESENTED
[01:40:01]
THAT WOULD, UH, THAT WOULD, UH, UM, COMPLY WITH WHAT IT IS THAT THE, UH, UH, GOVERNMENT HILL COMMUNITY DESIRES.AND I THINK THAT'S SOMETHING THAT, UH, THIS BUILDER OR THIS, UH, THIS OWNER HERE SHOULD BE COMPLYING WITH.
SO I WILL BE UPHOLDING TO DENY, AND SO I WILL NOT BE IN FAVOR THIS MOTION VERY WELL.
OKAY? UH, NO OTHER, UH, SPEAKER AT THIS TIME.
DELMER, WHO, WHO IS THAT? DELMER, MR. DELMER, PLEASE, IF YOU RECALL, I WOULD, UH, HAVE TO AGREE WITH MR. LOVE ON THIS.
I THINK THIS WOULD BE CRIMINAL TO, TO ALLOW SOMETHING LIKE THIS TO HAPPEN.
I THINK IT WOULD ALSO SET A PRECEDENT THAT WOULD KEEP, UH, UM, INVESTORS AND OTHER PEOPLE INTO BUYING THESE TYPES OF PROPERTIES AND FIXING THEM UP AND DOING THINGS LIKE THAT.
AND I JUST THINK IT'S A TERRIBLE, A TERRIBLE IDEA.
SO I WILL BE, UH, SUPPORTING THE MOTION.
NO OTHER BOARD MEMBER HAVE ANYTHING INPUT.
LET'S CALL FOR A ROLL VOTE ON SUPPORT OR DENIAL.
ALRIGHT, MR. MANCHACA, SUPPORT.
OKAY, MS. CRUZ? DENY MR. TEAL.
MR. MANA, I DENY MS. BRAGMAN, I APPROVE THE APPEAL.
MR. LOVE, I APPROVE MS. FISHER, I'M GONNA GO AHEAD AND, AND DENY MR. DELMER.
MR. OONA, I APPROVE MR. ORIAN.
I VOTE TO APPROVE AND CHAIR MARTINEZ.
MY VOTE IS TO APPROVE THE APPEAL.
HOWEVER, WE HAVE, UH, FOREIGN DISSENSION, UH, ON THIS APPEAL.
UM, UNDER THE ROLES, WE, I MUST REQUEST THAT, UH, THE, THE PREVAILING SIDE, WHICH WOULD BE THOSE THAT, UH, WOULD SIDE WITH THE H D R C OR O H P, UH, MAKE A, A, UH, NEW MOTION.
IF NOT, DO WE HAVE A MOTION FROM ANY ONE OF THOSE? THE PREVAILING SIDE IS, IS, IS TO DENY, IS, IS TO DENY THE APPEAL.
YOU KNOW WHO YOU ARE, YOU WANNA MAKE ANOTHER MOTION? YOU MAY, IF NOT, THIS WILL DIE.
AND THE, UM, MOTION, THE, UH, MOTION TO FOR APPEAL IS, IS DENIED.
IT'S, IT'S ACTUALLY AN EITHER OR, THERE'S NO OTHER OPTION.
FOR A MOTION OTHER THAN A MOTION TO DENY, RIGHT? BUT, UH, THE RULES, OKAY, THEREFORE, THERE'S, SINCE THERE'S NO ADDITIONAL INPUT ON THIS THING, THIS PARTICULAR ISSUE HAS BEEN DENIED AND THE BOARD WILL MOVE ON TO THE NEXT CASE.
[3. 20-4367 BOA-20-10300069]
CASE NUMBER, UH, 69 IS ADDRESSED AT THREE 18 WEST GRAYSON, UNIT 5 0 4.THE APPLICANT IS LAURA SCHUMACHER.
A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE TYPE TWO SHORT-TERM RENTAL.
CURRENT ZONING IS I D Z A H O D, UH, WITH USE OF PERMIT AN MS 33 MULTIFAMILY.
SUBJECT PROPERTY IS LOCATED NORTH OF DOWNTOWN NEAR NORTH ST.
MARY STREET, UH, WITHIN A TOWN HOME DEVELOPMENT.
THE PROPERTY HAS A DEVELOPED SINGLE FAMILY TOWN HOME AND IS WITHIN A GATED COMMUNITY AND NEAR, UH, MAJOR COMMERCIAL CORRIDORS.
AND THE PAROLE DEVELOPMENT THERE IS CURRENTLY NO, UH, TYPE TWO ISSUED FOR THIS SUBJECT, UH, UNIT.
THERE ARE FOUR OTHER TYPE TWO PERMITS ISSUED FOR THE BLOCK FACE IN THIS CASE, THE BLOCK FACE IS DEFINED AS THE SOUTHWEST SIDE OF WEST GRAYSON AVENUE BETWEEN, UH, POLK STREET AND EAST EUCLID AVENUE.
THERE ARE 28 UNITS ON THIS BLOCK FACE RESULTING IN FOUR TYPE TWO SHORT-TERM RENTAL UNITS PERMITTED BY WRIGHT.
UH, FOUR TYPE TWO SHORT-TERM RENTAL PERMITS HAVE ALREADY BEEN APPROVED BY WRIGHT AT THREE 18 WEST GRAYSON UNITS 3 0 2 3 4 AND 5 0 2.
AND THIS SPECIAL EXCEPTION, IF THIS SPECIAL EXCEPTION IS APPROVED, THERE WILL BE A TOTAL OF FIVE TYPE TWO SHORT-TERM RENTALS ON THIS BLOCK FACE RESULTING IN 17.9% OF THE BLOCK FACE THE SITE PLAN OF THE SUBJECT PROPERTY, PHOTO OF THE SUBJECT PROPERTY AND SURROUNDING
[01:45:01]
AREA.I, THE, THE HOME THAT YOU JUST SAW HAD BEEN PREVIOUSLY BOARDED UP.
UM, IT IS NOW UNDER CONSTRUCTION, SO WE, IT WAS ADDED TO THE COUNT, UH, WHICH CAME UP TO 28 UNITS TOTAL 27 WITHIN THIS COMPLEX.
THIS IMAGE IS, IS OF THE EXISTING TYPE TWOS.
THE DOTS LISTED ARE, DON'T GIVE YOU A FULL PICTURE.
SO WE'RE GONNA ADD ONE MORE SLIDE.
THIS GIVES YOU AN INDICATION OF THE TYPE TWOS THAT ARE ON THE PROPERTY.
THERE'S FOUR TYPE TWOS, AND THEN ONE TYPE ONE RENTAL, WHICH IS OWNER OCCUPIED.
STAFF RECOMMENDS DENIAL, THE SPECIAL EXCEPTION, AND D O A 21 0 3 0 0 6 9.
BASED ON THE FOLLOWING FINDINGS OF FACT, THERE ARE CURRENTLY FOUR TYPE TWO SHORT-TERM RENTALS ON THE BLOCK FACE.
MAILED OUT 23 NOTICES, ZERO IN FAVOR, FOUR IN OPPOSITION.
NO RESPONSE FROM THE TUBING HILL COMMUNITY ASSOCIATION.
AND THERE'S ONE OPPOSITION OUTSIDE OF THE 200 FOOT NOTIFICATION BOUNDARY.
WE DO HAVE MS UH, SCHUMACHER ON THE LINE.
MS. SCHUMACHER, WHENEVER YOU'RE READY FOR TO PRESENT, PLEASE GIVE YOUR NAME AND YOUR ADDRESS FOR THE RECORD.
MY ADDRESS IS THREE 18 WEST GRAYSON.
UM, I'M TRYING TO GET A SPEC, SPECIAL EXCEPTION.
UM, HONESTLY, JUST TO HELP PAY WITH MY BILLS.
I'M A SINGLE MOM WITH THE SON IN COLLEGE.
WHEN I BOUGHT THIS PROPERTY, WHICH I STARTED THIS PROCESS BACK IN APRIL OF 2019, UM, THE GUY THAT I WAS DEALING WITH, STEVE INDO THE ENTIRE TIME, I TOLD HIM HIM THAT THIS WAS MY INTENTION AND HE LED ME TO BELIEVE THAT, THAT THAT WAS GONNA BE FINE.
SO IT NEVER DAWNED ON ME TO MAYBE GET THESE PERMITS EARLIER, I GUESS SINCE IT WAS ALREADY FOUR.
UM, I'M IN RETAIL, I HAVE A JOB, UH, BUT BECAUSE OF COVID I'M WORKING SLOWLY, LESS AND LESS HOURS.
SO I REALLY AM TRYING TO GET THE SPECIAL EXCEPTION, JUST LIKE I SAID, JUST TO HELP, UM, PAY WITH THE BILLS.
IT WOULDN'T BE TO RENT IT OUT ALL YEAR ROUND, YOU KNOW, IT'D BE FROM TIME TO TIME.
UM, LIKE WHOEVER WAS JUST SPEAKING, SAID, THERE'S A LOT OF DEVELOP DEVELOPMENT GOING ON.
SO'S ACTUALLY ADDING A COMPLEX RIGHT NEXT DOOR, UM, WHICH I'M NOT SURE HOW MANY UNITS ARE GONNA BE NEXT DOOR, BUT I WAS HOPING THAT WOULD HELP THE RATIO.
UM, WHAT ELSE? THE, OH, THE COMMERCIAL USE.
WE'RE RIGHT NEXT TO THE PEARL, RIGHT NEXT, NEXT TO ST.
MARY'S STREET, SO IT WOULD BE A GOOD, UM, PLACE TO RUN OUT.
UH, I DO HAVE A FRIEND OF MINE WHO'S HERE, JUST A GIRLFRIEND OF MINE WHO'S AN ATTORNEY.
SHE'S GONNA ACTUALLY HELP ME WITH THESE QUESTIONS BECAUSE, WELL, 'CAUSE I HAVE NO IDEA WHAT I'M DOING.
UH, AND THIS IS BETH, JANICE SEC.
UM, HER, UH, REQUEST FOR THE SPECIAL EXCEPTION, UM, AND THAT, UH, YOU KNOW, SHE, SHE NEEDS THE ADDITIONAL INCOME.
SHE BOUGHT THE PROPERTY UNDER, UH, THE ASSUMPTION, UM, THAT SHE WAS GOING TO BE ABLE TO DO SHORT-TERM RENTAL.
UM, AGAIN, IT, IT'S NOT GOING TO BE A FREQUENT BECAUSE, UH, SHE WILL BE LIVING THERE MOST OF THE TIME.
SO IT'S JUST ON OCCASION, UH, WHEN SHE CAN, UH, RENT IT OUT.
UM, AND SO IT WOULD NOT BE, UH, A FREQUENT, UM, AND I, I DON'T THINK IT'LL GREATLY AFFECT THE PERCENTAGES TO ALLOW HER TO BE ABLE TO MAKE THAT, UH, ADDITIONAL INCOME TO, TO MAKE, UM, HELP ENDS MEET.
IS THAT THE EXTENT OF YOUR TESTIMONY? YES.
UH, UH, STAFF, DO WE HAVE ANY, UH, PUBLIC INPUT? UH, NO LIVE CALLERS, BUT WE DO HAVE A FEW LETTERS TO READ INTO THE RECORD.
CALLERS, PLEASE DO SO, AND THE APPLICANT PLEASE STAND BY SO YOU CAN DEAL WITH SOME OF THESE QUESTIONS AND REBUTTAL.
THE FIRST ONE IS FROM JONATHAN CARD AT 7 64 EAST LOCUST STREET, UH, SIMPLY SAYS IN OPPOSITION.
NEXT ONE IS FROM MELISSA, MARK AND MELISSA ERTA.
THREE 18 GRAYSON UNITS 3 0 2 AND 5 0 2.
IT HAS COME TO OUR ATTENTION THAT THERE ARE CURRENTLY FIVE TYPE TWOS AT, UH, ISSUED FOR SOHO.
IN ADDITION, UH, SIX S C R UH, PERMIT APPLICATION IS GOING
[01:50:01]
BEFORE THE VIEW IN AUGUST.UNLESS THE CITY DENSITY SEE LIMITS HAVE CHANGED, SOHO C**S SHOULD ONLY BE ALLOWED TO HAVE IN, IN HER EMAIL IT SAYS THREE, BUT IT, IT IS TECHNICALLY FOUR PERMITS BEFORE RECENT REACHING THE ESTABLISHED LIMIT.
THERE ARE ONLY A TOTAL OF 27 UNITS IN THIS DEVELOPMENT.
THREE OF THE CURRENT ACTIVE, UM, UNITS ARE IN BUILDING, UH, THREE, WHICH THE OTHER TWO ACTIVE UNITS ARE IN BUILDING FIVE.
THE SIX S T R HAS, HAS, HAS GONE BEFORE.
THE BOARD IS ALSO IN BUILDING THREE OR THIRD UNIT IN BUILDING FIVE.
CURRENTLY ACTIVE UNITS, UH, BRING DENSITY TO 18.5% WHILE THE ADDITION OF A SIX WILL BRING 22.2%.
THERE'S NO ROOM TO ARGUE THAT, UH, THESE UNITS ARE NOT ON THE SAME BLOCK FACE AS THEY'RE ADJACENT TO EACH OTHER, ALL FACED THE SAME STREET, AND ALL ARE IN TWO OUT OF, OUT OF SIX BUILDINGS.
UH, WE UNDERSTAND THAT THESE APPLICA, UH, APPLICATIONS WERE LIKELY MADE IN GOOD FAITH IS OUR EXPECTATION THAT THE FOURTH AND FIFTH, THE SHERIFF PERMIT, UH, BE REVOKED AND NOT BE REQUIRED, UH, AND BE REQUIRED TO GO THROUGH THE BO O E JUST AS WE DID LAST YEAR.
WE'D LIKE TO GO ON RECORD AS OPPOSED OF THE APPROVAL OF THIS UNIT.
THIS, AGAIN FROM MARK AND MELISSA, ERICS UNIT 3 0 2 AND 5 0 2.
IT'S FROM, UH, LISA ROBERTS AND ROB, UH, BARNETT AT UNIT 4 0 5.
WE LIVE IN THE COMPLEX IN UNIT 4 0 5 AND OPPOSE THIS REQUEST.
THERE ARE ALREADY AT LEAST FOUR S T R UNITS IN THE COMPLEX, AND WE'VE HAD NOTHING BUT PROBLEMS WITH, UH, PARTYING RENTERS.
IN ADDITION, THIS MAKES REQUESTS, UH, FOR EIGHT GUESTS WHEN THEY HAVE ONLY THREE BEDROOMS. IF GRANTED, THEY SHOULD BE A MAXIMUM OF SIX GUESTS FOR THE SAKE OF PEACE AND QUIET AND THE SMALL COMMUNITY.
FURTHER, UM, TO OUR PREVIOUS EMAIL, LET'S SEE.
WE STRONGLY REITERATE OUR OPPOSITION IN THIS REQUEST.
FINAL LETTER FROM ALLISON AND GREG DEAN AT UNIT 2 0 5.
I'M WRITING TO VOICE A VERY STRONG OPPOSITION TO THE REQUEST FOR B O A.
UH, REGARDING UNIT 5 0 4 AS THE FIRST HOMEOWNERS TO MOVE INTO SOHO CUMINS, WE HAVE WATCHED OUR COMMUNITY GROW AND DEVELOP INTO CLOSE-KNIT GROUP.
THE MAJORITY OF HOMEOWNERS ARE RESIDE FOR HERE 24 7.
AND WARM FRIENDSHIPS HAVE QUICKLY DEVELOPED, UM, AMONG NEIGHBORS.
UNFORTUNATELY, AS THAT HAS STARTED TO CHANGE, AS INVESTORS OWNED UNITS WERE ADDED TO THE MIX, AS YOU KNOW, SOHO COMMONS IS ALREADY AT THE MAXIMUM NUMBER OF STRS AND EVEN AT, UH, CURRENT CAPACITY, THE S T R UNITS HAVE CREATED MUCH DISREGARD WITHIN THE DEVELOPMENT.
MANY OF THE S T R UNITS HAVE HOSTED LARGE GROUPS OF PEOPLE WITH LITTLE REGARD TO, FOR SOCIAL NORMS REGARDING GATHERING SIZE, NOISE, ET CETERA.
WE ARE, WE'RE ASKING YOU NOT TO APPROVE THE REQUEST, NOR ANY OTHER SIMILAR REQUESTS, UH, MOVING FORWARD.
SHOULD, SHOULD THEY ARISE, PLEASE DO NOT HESITATE TO REACH OUT.
UH, FOR ADDITIONAL INFORMATION, AND AGAIN, THAT WAS FROM ALISON AND GREG BEAM, UNIT 2 0 5.
THAT CONCLUDES ALL OF THE COMMENTS.
ALL, ALL RIGHT THEN THE, UH, APPLICANT HAS, UH, HAS THE, UH, TIME HERE TO REBUT SOME OF THESE STATEMENTS.
ALSO, FOR THE RECORD, WE DO NEED YOUR ATTORNEY'S, UH, NAME AND ADDRESS FOR THE RECORD, PLEASE.
AND THE APPLICANT, YOUR NAME AND ADDRESS AS WELL.
MS. SHOEMAKER, THE APPLICANT? YES.
LARS SHOEMAKER, THREE 18 WEST GRAYSON STREET, UNIT 5 0 4.
AND THEN MY ATTORNEY'S GONNA SAY HER NAME AND ADDRESS.
JAN, UH, AND I LIVE AT 8,100 COUNTRYSIDE IN SAN ANTONIO.
UM, HAVE YOU HEARD THE STATEMENT? UM, I, YES, I, I, I HEARD THE, THE STATEMENTS AND, YOU KNOW, POINTING OUT, UH, ONE OF THE, UH, COMPLAINTS, UM, BY SOMEONE WHO HAS TWO OF THE PERMITS, UM, FOR HER PROPERTY, UM, AND, AND IS NOW TRYING TO, UH, LIMIT, UH, LARS, WHICH, UM, SEEMS A LITTLE BIASED IN THAT ATTEMPT TO BLOCK HER FROM BEING ABLE TO HAVE SHORT, SHORT-TERM, UH, REYNOLDS AND HERS.
[01:55:01]
THE, THE, THE COMPLAINTS ABOUT, UM, UH, PROBLEMS, UH, WITH OTHER SHORT-TERM RENTALS HAS NOT BEEN SOMETHING THAT, UH, YOU KNOW, WHEN, WHEN SHE HAS BEEN THERE THAT SHE HAS SEEN OR HAD A PROBLEM WITH.UM, AND SO I, YOU KNOW, THE, AND THE ONLY ONE THAT SHE'S AWARE OF IS WHEN AN ACTUAL, UM, UH, HOMEOWNER ENDED UP, UH, GETTING IN TROUBLE WITH THE BOARD FOR THEIR BEHAVIOR.
UM, SO, UH, YOU KNOW, I, I DON'T KNOW THAT THAT'S ANYTHING THAT SHE'S WITNESSED OR SEEN OR HAD A PROBLEM WITH.
UM, AND, UH, UH, SO I, YOU KNOW, I, I DON'T, NONE OF THOSE PARTYING OR ANYTHING.
UM, SHE IS OKAY WITH LIMITING HOW MANY PEOPLE THE, UH, HOUSE IS RENTED TO AND THAT TYPE OF THING, UM, OR, UH, AND, AND WOULD DO THAT ANYWAY FOR HER OWN GOOD OF HER HOUSE THAT SHE LIVED IN.
UM, SO, UH, I THINK THAT'S WHAT I HAVE ON THAT.
DO YOU HAVE ANYTHING FURTHER, MARK? OH, NOT SO, NO.
THANK YOU VERY MUCH FOR YOUR TIME AND, AND, UH, EFFORT.
UH, I HAVE ONE FINAL QUESTION.
IF THE BOARD DOESN'T HAVE ANY ADDITIONAL, DOES THE BOARD HAVE ANY ADDITIONAL QUESTIONS? UH, MACKA UH, DELMER? OKAY.
UH, MR. MANCHACA FIRST AND MR. DELMA, MR. MIC, I JUST HAVE A SIMPLE QUICK FOR STAFF.
UH, COULD YOU CLARIFY WHAT, UH, TYPE ONE
SO TYPE ONE, UM, SO THE WAY THAT THE ORDINANCE IS WRITTEN IS A TYPE ONE IS A OWNER OCCUPIED.
YOU'RE SIMPLY RENTING OUT A ROOM OR AN ACCESSORY DWELLING UNIT, BUT YOU LIVE ON SITE.
A TYPE ONE UNIT IS NOT PART OF THE CALCULATIONS BECAUSE IT ALLOWS A HOMEOWNER TO HAVE AN EXTRA SOURCE OF INCOME AS A TYPE ONE.
WE DON'T EVEN COUNT IT TOWARDS 12.5%.
UM, YOU ARE RENTING A PROPERTY ENTIRELY FOR A SHORT-TERM RENTAL RENTAL.
AND, UM, SO THE, THE WAY THE ORDINANCE IS WRITTEN IS EACH BLOCK FACE, WHETHER IT'S THE NEGATIVE SIDE OR OR EVEN SIDE OF A STREET, WILL BE COUNTED FROM, FROM INTERSECTION TO INTERSECTION.
AND YOU'RE ONLY ALLOWED 12.5% OF THAT BLOCK FACE TO BE A UNIT.
IN THIS CASE, IT'S UNIQUE BECAUSE EVEN THOUGH IT'S A MULTI-FAMILY IN A WAY, THEY'RE INDIVIDUALLY PLATTED AND THEY ALL ADDRESS OFF OF GRAYSON.
SO WE'RE ABLE TO COUNT NOT JUST THE UNITS, BUT ALSO ANY RESIDENTIAL ALONG WEST GRAYSON TOWARDS THAT CALCULATION.
SO THERE IS A HOME ON, ON WEST GRAYSON THAT COUNTS FOR 28 UNITS.
ALRIGHT, MR. DETMER, I BELIEVE YOU HAVE A QUESTION YOU MAY ANSWER.
UM, IS THERE AN H O A THAT PROHIBITS THEM FROM HAVING A CERTAIN NUMBER OF THESE IN THEIR
I HAVE NOT HEARD EITHER WAY, I'M GONNA SAY NOW.
WELL, UH, WHAT I MEANT, WAS THERE AN H O A IN YOUR OR, OR, UH, IN YOUR GROUP OF, OF HOUSES THERE, IS THERE AN INTERNAL YES, WE'VE HAD AN H A AND WE'VE HAD A COUPLE MEETINGS, UH, THAT I'VE ATTENDED.
I MEAN, IS THAT THE QUESTION? YES, YES.
IS THERE A NUMBER THAT, THAT, THAT Y'ALL ARE ALLOWED OR IT'S NOT EVEN IN THERE? IT, IT'S NEVER, EVER BEEN DISCUSSED.
I MEAN, I'VE NEVER HEARD ANYTHING EITHER WAY.
MR. ORIAN, DO YOU HAVE FOR YES, I HAVE A QUESTION.
UH, SO FOR, UH, FOR THE APPLICANT, YOU HAD MENTIONED THAT, UH, YOU STATED THAT YOU WERE NOT GOING TO BE, IF THIS WAS APPROVED, NOT GOING TO BE RENTING IT OUT, ALL THAT OFTEN, STILL WANTED TO LIVE THERE.
AND I'M TRYING TO FIGURE OUT IS THAT, DID I GET THAT RIGHT OR, BECAUSE YOU'RE GOING FOR A TYPE TWO AND THAT WOULD MEAN, CAN YOU REPEAT THAT? I COULDN'T HEAR YOU.
SO DURING YOUR TESTIMONY, THAT WAS REMARKED THAT YOU WEREN'T GOING TO BE RENTING IT OUT, UH, THAT REGULAR LEAVE BECAUSE YOU WERE STILL GOING TO BE LIVING THERE.
DID I HEAR THAT INCORRECTLY? UH, OR ARE YOU STILL THAT'S CORRECT.
I AM LIVING HERE MOST OF THE TIME.
HOWEVER, YOU KNOW, THE TIMES THAT I'M NOT WAS WHEN I WAS HOPING TO RENT IT OUT.
I DON'T TOTALLY FEEL COMFORTABLE WITH THE LAW, WITH THE TYPE ONE, JUST BECAUSE I'M A, LIKE I SAID, I'M A SINGLE MOM AND I DON'T KNOW THAT I FEEL COMFORTABLE BEING THERE WHEN SOMEBODY ELSE IS RENTING IT OUT.
I, I WAS JUST, I WAS TRYING TO UNDERSTAND THAT WHEN WE HEAR TYPE TWO REQUESTS, IT'S FOR PEOPLE WHO DON'T LIVE THERE.
AND SO IT'S, SO WHEN THE FACT THAT YOU'RE GOING AFTER A TYPE TWO, I DIDN'T KNOW IF YOU WERE JUST TESTING
[02:00:01]
THE WATERS TO SEE IF IT WAS SOMETHING THAT YOU WOULD MAINTAIN OR IT WAS SOMETHING THAT YOU WERE GONNA DO ALL THE TIME.THAT'S, I WAS, THAT'S ALL MR. ORIAN.
I, I, I WOULDN'T, I BELIEVE I WOULD NOT BE DOING IT ALL THE TIME.
MR. ORIAN, I BELIEVE THE ISSUE HERE IS THAT SHE WILL NOT BE PRESENT DURING THE TIME THE PROPERTY WOULD BE RENTED, THEREFORE, SHE ACTUALLY IS NOT A TYPE ONE.
UH, AND ANOTHER, ANOTHER QUESTION I HAVE IS, DOES THIS DEVELOPMENT HAVE, UH, VISITOR PARKING OR IS IT JUST GARAGES? WE DO NOT HAVE A GARAGE.
WE PARK RIGHT OUTSIDE OF OUR APARTMENT AND THEN JUST ALONG THE STREET, SO, BUT IT'S NOT A, UH, BLOCKED OFF VISITOR PARK PARKING.
ANY OTHER QUESTIONS FOR THE BOARD? UH, NONE BEING THE CASE.
UH, THEN, UH, I BELIEVE THAT WE SHOULD BE GOING AHEAD AND CONSIDER A MOTION FOR THE BOARD ORIAN, MR. ORIAN, REGARDING CASE NUMBER VO A 20 DASH 360 9.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW FOR ONE TYPE T SHORT TERM RENTAL UNIT SITUATED AT THREE 18 WEST GRAYSON AVENUE, UNIT 5 0 4, APPLICANT BEING LAURA SCHUMACHER.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW 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 UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION OR NOT MATERIAL ENDANGER THE PUBLIC HEALTH FOR SAFETY.
THE BOARD FINDS THAT THE REQUEST TO OPERATE A SHORT-TERM RENTAL IS UNLIKELY TO MATERIALLY ENDANGER THE PUBLIC HEALTH, SAFETY, OR WELFARE.
THERE'S NOTHING OBVIOUS THAT WOULD DIS DIS DISTINGUISH IN 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 28 RESIDENTIAL UNITS ON THIS BLOCK BASE, AND THE SPECIAL EXCEPTION WOULD PERMIT A TOTAL OF FIVE I TWO SHORT-TERM RENTALS RESULTING IN 17.9% OF THE BLOCK BASE.
THIS AND THE FACT THAT THE PROPERTY IS IN CLOSE PROXIMITY TO THE DOWNTOWN AMENITIES ALLOW REASON TO BELIEVE PUBLIC NUISANCE IS NOT SEEN LIKELY TO BE CREATED.
C THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE.
THE NEIGHBORING PROPERTIES CONSIST OF SINGLE FAMILY TOWN HOMES AND SUBJECT PROPERTIES LOCATED IN CLOSE PROXIMITY TO THE COMMERCIAL CORRIDOR OF NORTH ST.
MARY'S, AS WELL AS THE REDEVELOPED PEARL DISTRICT, WHICH ARE TOURIST ATTRACTIONS.
THIS IS NOT CAUSE REASON TO BELIEVE THAT IT WILL SUBSTANTIALLY INJURE NEIGHBORING PROPERTY AS A TYPE TWO SHORT-TERM RENTAL FEE.
ADEQUATE UTILITIES, ACCESS, ROADS, STORM DRAINAGE, RECREATION, OPEN SPACE, AND OTHER NECESSARY FACULTIES HAVE BEEN OR ARE BEING PROVIDED.
THE BOARD FINDS THAT THE SUBJECT PROPERTY TO PROVIDE OFF STREET PARKING 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.
CONFIRMED CITATIONS OR ADJUDICATED OFFENSES CONVICTIONS FOR VIOLATIONS OF CHAPTER 16, ARTICLE 22 OF THE CITY CODE WITHIN ONE YEAR PRIOR TO THE DATE OF THE APPLICATION.
THE APPLICANT CURRENTLY DOES NOT CURRENTLY HOLD A SHORT-TERM RENTAL PERMIT AND DOES NOT HAVE ANY HISTORY OF REVOCATION, CITATIONS, CONVICTIONS, OR VIOLATIONS OF CHAPTER 16 F.
THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION, WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS TAUGHT SOUGHT.
THE SUBJECT PROPERTY IS LOCATED NEAR NORTH ST.
MARY STREET AND IN CLOSE PROXIMITY TO COMMERCIAL, RECREATIONAL, AND OTHER RESIDENTIAL USES WITH THE PROPERTY OWNER PROVIDING ALL STREET PARKING.
SPECIAL EXCEPTION DOES NOT APPEAR TO ALTER THE CENTRAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY IS SEEKING THE SPECIAL EXCEPTION IN MOTION.
SECOND, MR. THIEL, THAT WAS YOUR SECOND? YES, SIR.
MR. ORIAN, WOULD YOU PLEASE START THE DISCUSSION? YES.
UH, I WILL, WILL NOT BE IN SUPPORT OF THIS REQUEST.
UH, THE REASON BEING IS THAT I DON'T FEEL THAT THERE IS ADEQUATE PARKING, UH, TWO, UH, BECAUSE OF THE EXTREMELY SMALL FOOTPRINT AND, AND, UH, AND LAYOUT OF THIS FACILITY, I THINK THAT ANY, ANY SURPLUS BEYOND THE, UH, THE 12%, UH, IS, IS NOT IN ORDER AT THIS, THIS LOCATION.
AND THEN FINALLY, THERE'S A, A, A LARGE NUMBER OF, OF PEOPLE LIVING IN THE FA IN THE, UH, DEVELOPMENT THAT ARE OPPOSED TO IT.
SO FOR THOSE THREE REASONS, I WILL NOT BE IN SUPPORT.
ALL RIGHT, MR. ORIAN, ME AND MR. THIEL, YOU HAVE A COMMENTS? UH, I'M IN AGREEMENT WITH MY COLLEAGUE.
UM, YOU KNOW, WE'VE ONLY HAD A, A VERY SHORT TIME FOR THESE, UH, THE SHORT-TERM RENTAL GUIDELINES TO BE IN EFFECT.
UM, I THINK IN THIS PARTICULAR AREA, WE, WE'VE SEEN THIS REPEATEDLY.
UM, SHE DOES HAVE THE ABILITY TO USE IT AS A TYPE ONE SINCE IT IS GOING TO BE HER RESIDENCE OR IS HER RESIDENCE.
UM, I THINK SHE COULD EXPLORE THAT AVENUE.
AND THEN IF, IF SOMETHING CHANGES WITH OUR, UH, CODE REGARDING THE SDR R SHE'S WELCOME TO APPLY AGAIN.
[02:05:03]
ALL RIGHT.ANYONE ELSE HAVE SOME INPUT ON THAT MACHACA, MR. MANCHACA, PLEASE? I AGREE WITH MY COLLEAGUE.
ANYONE ELSE? NONE BEING THE CASE.
LET'S GO AHEAD AND TAKE A ROLL CALL.
MS. CRUZ? NO, I DO NOT CONCUR.
NO, I DO NOT CONCUR WITH THE FINDINGS OF FACTS.
I DO NOT CONCUR WITH THE FINDINGS OF FACTS, MR. OR I'M SORRY, MS. BRAGMAN, I DO NOT CONCUR WITH THE FINDINGS OF FACTS.
I CONCUR WITH THE FINDINGS OF FACT, MS. FISHER.
I CONCUR WITH THE FINDINGS OF FACT.
I DO NOT CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
UH, I DO NOT CONCUR WITH FINDINGS OF FACT.
UH, GOOD LUCK WITH, UH, WHAT YOU'RE PLANNING ON DOING WITH YOUR PROPERTY.
[4. 20-4366 BOA-20-10300046]
LET'S GO TO OUR NEXT, UH, CASE.I BELIEVE THAT'S, UH, CASE NUMBER 0 4 6.
OKAY, K 0 4 6 AT 6 25 EAST DREXEL AVENUE.
APPLICANT IS RIVER CITY ACQUISITIONS L L C ONE A REQUEST FOR A 125 SQUARE FOOT VARIANCE FROM THE 4,000 SQUARE FOOT MINIMUM, UH, SQUARE FOOT REQUIREMENT TO ALLOW A LOT SIZE OF 3,875, UH, SQUARE FEET TO A 10 FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WIDTH REQUIREMENT TO ALLOW LOT TO BE 25 FOOT WIDE AND THREE A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE.
CURRENT ZONING IS R FOUR M L O D TWO M L R TWO A H O D.
SUBJECT PROPERTY IS LOCATED ON EAST DREXEL AVENUE NEAR NEW BRAUNFELS AVENUE AND I 10 EAST.
THE PROPERTY IS CURRENTLY VACANT AND LOCATED MID-BLOCK.
THE APPLICANT IS REQUESTING VARIANCES FOR THE MINIMUM LOT SIZE, UH, AND THE LOT WIDTH AND SITE SEPARATE REQUIREMENTS IN ORDER TO HAVE MORE FLEXIBILITY IN DEVELOPING THE LOT.
THIS WOULD ALSO INCLUDE FOR A CERTIFICATE OF DETERMINATION, UM, IF THE VARIANCES WERE GRANTED, THE APPLICANT IS PROPOSING TO DEVELOP A SINGLE FAMILY RESIDENCE ON THE PROPERTY SITE PLAN OF THE PROPERTY AND PHOTOS OF THE PROPERTY AND SURROUNDING AREAS.
STAFF RECOMMENDS APPROVAL OF THE ZONING VARIANCE IN D O A 21 0 3 0 0 0 4 6 BASED ON THE FOLLOWING FINDINGS.
OF FACT, THE LOT SIZE OF THE PROPERTY IS 3,875 SQUARE FEET, AND THE LOT WIDTH OF THE PROPERTY IS ONLY 25 FEET WIDE.
AND THE SINGLE-FAMILY D UH, DWELLING WILL MAINTAIN A THREE FOOT SIDE SETBACK ONCE DEVELOPED, MAILED OUT 16 NOTICES, ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
AND THERE WERE NO NOTICES FROM THE HIGHLAND PARK NEIGHBORHOOD ASSOCIATION.
THAT CONCLUDES MY PRESENTATION.
WE HAVE MELISSA IGA ON THE LINE.
UH, MS.
GOOD AFTERNOON, MY NAME'S MELISSA.
I'M CALLING ON BEHALF OF RIVER CITY ACQUISITIONS FOR 6 25 EAST DREXEL.
I AM RESPECTFULLY REQUESTING A VARIANCE AS, UM, THE PRESENTER STATED IN THE SIDE SETBACKS GOING FROM, UH, THE REQUIRED FIVE FEET TO THREE FEET ON EACH SIDE.
I'M ALSO REQUESTING THE VARIANCE FOR THE LOT WIDTH FROM THE REQUIRED 30 FEET TO 25 FEET.
UM, THE, WITH THE, UM, LOT DIMENSIONS, THE TOTAL SQUARE FOOT, SQUARE SQUARE FEET OF THE LOT IS 3,875 FEET.
AND THAT IS ONLY, UM, 125 SQUARE FEET, UM, LESS THAN THE REQUIRED 4,000 SQUARE FEET FOR THE R FOUR ZONING.
UM, OUR INTENTION FOR THE PROPERTY IS TO DEVELOP, UM, AND BUILD A NEW HOME AS WAS, UM, BUILT ON THE RIGHT SIDE OF THE PROPERTY, THE BLUE, UM, HOME, WE BUILT THAT HOME AS WELL.
AND IT HAS ADDED TO THE BEAUTIFICATION OF THE NEIGHBORHOOD, AND WE INTEND TO DO SO
[02:10:01]
WITH THIS NEW PROPERTY AS WELL.UM, WE, AND WITH THESE VARIANCES, WE WILL, UM, FURTHER THE ADHERING TO ALL OF THE CITY OF SAN ANTONIO DEVELOPMENT ORDINANCES, WHICH REQUIRE, UM, FIRE BLOCKING ON THE SIDES OF THE HOMES AND WINDOW REQUIREMENTS, UM, DUE TO THE, UM, LESS THAN FIVE, UH, LESS FIVE LINEAR FEET SETBACKS.
BUT WE'LL BE ADHERING TO ALL OF THE OTHER ORDINANCES AS REQUIRED FOR THIS VARIANT.
THAT'S THE EXTENT OF YOUR TESTIMONY AT THIS TIME.
WE'RE GONNA GO AHEAD AND SEE IF THERE'S ANY, ANY PUBLIC TESTIMONY THAT YOU WOULD NEED TO DEAL WITH.
UH, ZACH, DO WE HAVE ANY TE ANY, UH, PROBABLE TESTIMONY? NO, SIR.
THERE'S NO, THERE'S NO COMMENTS OR, UH, POWERS ON THE LINE YET EITHER.
UH, THAT AT THIS TIME I'M GOING TO HAVE BOARD MEMBERS QUESTION THE APPLICANT.
DOES ANYONE ON THE BOARD HAVE A QUESTION FOR THE APPLICANT? BRAGMAN, MS. BRAGMAN, YOU HAVE FLOOR? YEAH.
SO, UM, CAN YOU TELL ME THE PROPERTIES THAT ARE ON THE OTHER SIDE OF, OF THE LOT? SO, UM, THE HOUSE THAT YOU SAID YOU, UH, OWN, AND THEN ON THE OPPOSITE SIDE OF THE LOT, WHAT'S THE DISTANCE AWAY FROM THE PROPERTY LINE THAT EACH OF THOSE, UM, STRUCTURES HAS? CERTAIN, CERTAINLY.
SO ON THE FACING THE PROPERTY, ON THE RIGHT HAND SIDE IS THE HOME THAT WE BUILT.
UM, IT WOULD BE FOR, WITH THIS VARIANCE, IT WOULD BE THREE FEET FROM THE HOME TO THE FENCE.
AND THEN THAT HOME HAS, UH, FIVE FEET FROM THE FENCE TO THAT PROPERTY IN THE REAR.
IT'S THE ACCESS ROAD OF THE HIGHWAY.
AND THEN ON THE LEFT SIDE OF IT IS A, UM, FROM THE FENCE OF THE PROPERTY TO THE HOME, I WOULD SAY THERE'S ABOUT, UH, 15, UM, I WOULD SAY ABOUT 20 FEET BECAUSE THERE'S A DRIVEWAY THAT GOES, UM, ON THE SIDE OF IT.
DO WE HAVE ANY OTHER QUESTIONS FOR THE BOARD? ORIAN? MR. ORIAN, PLEASE? YOU HAVE FLOOR YES.
UH, FOR THE APPLICANT, UH, AND THEN STAFF, WHETHER OR NOT THEY CAN TELL ME IF I'M OFF BASE ON THIS, BUT, UH, ONE OF THE ATTACHMENTS, UH, TO THE FILE IS YOU'RE PROPOSING A HOME TO BE 125 BY 19 AND A HALF DEEP, WHICH IS WHAT, 65, 70% OF THE LOT IS THAT, DOES THAT SORT OF COVERAGE ALLOWED? I THOUGHT 50% WAS A, UH, UH, WHAT WAS THE THRESHOLD? AND SECONDLY, THIS SITE IS A, HAS, UH, A GOOD SETBACK FROM THE CURB TO THE PROPERTY LINE WHERE THE PUBLIC SIDEWALK RUNS ALONG THE PROPERTY LINE.
BUT YOU'RE SHOWING A 10 FOOT FRONT SETBACK, UH, IS IN APPROVING THIS REQUEST.
UH, IS ARE YOU GONNA BE ALLOWED TO CONSTRUCT A HOME WHERE ANY SORT OF DRIVEWAY WOULD ALMOST FORCE A CAR TO BLOCK THE PUBLIC SIDEWALK? I'M JUST CURIOUS ABOUT WHAT SORT OF DENSITY ENTITY YOU'RE, YOU'RE DOING OUT THERE.
UM, SO IS, I HAVE TO EXCUSE MY, MY SITE PLAN.
UM, I DID DO THAT KIND OF, UM, IT SHOULD HAVE, I KIND OF OVERDID IT.
WHAT WE'RE, WHAT WE, THE PLANS THAT WE'RE LOOKING AT, UM, WITHIN THE, WITHIN THE SETBACKS, WE WOULD HAVE A TOTAL OF 23 2,375 SQUARE FEET, BUT THE HOME WOULD ONLY HAVE A FOOTPRINT OF 1600 SQUARE FEET.
SO YOU, YOU ARE CORRECT, THE, I DREW THAT, UM, THE BLUE LINE TOO CLOSE TO THE SIDEWALK AND IT WOULD ACT WHAT THE PLANS THAT WE'RE, UM, TRYING TO APPROVE WHAT ACTUALLY HAD THE DRIVE-IN GARAGE.
AND, UM, BUT YES, YES, YOU ARE CORRECT AND THAT THE FOOTPRINT WOULD ONLY BE 1600 SQUARE FEET, NOT THE FULL 2300 SQUARE FEET.
AND ANOTHER CONCERN I HAVE IS, UH, YOU, WHEN YOU'RE TALKING ABOUT THREE FOOT SIDE SETBACKS, UM, HOW CLOSE ARE THE NEIGHBORING HOMES TO, TO THE SIDE PROPERTY LINES? ARE THEY ALSO, GO AHEAD.
SO, UM, FACING THE PROPERTY ON THE RIGHT HAND SIDE, UM, THE, THE HOME HAS A FIVE FOOT, UH, FIVE FOOT, UM, SETBACK WITH A DIVIDING FENCE.
AND THE, IT IS A PRIVACY FENCE WITH A SIX FOOT, UM, HEIGHT.
AND ON THE LEFT HAND SIDE, IT IS A CHAIN LINK FENCE THAT THE, UM, THAT OWNER, UM, HAS POSSESSION OF AND THAT HAS, THEY HAVE A DRIVEWAY THAT GOES FROM THE STREET ALL THE WAY TO THE REAR.
SO THERE'S, UH, I'M GOING TO SAY APPROXIMATELY 20, UM, 20 LINEAR FEET BETWEEN THEIR ACTUAL HOME AND OUR FENCE.
[02:15:01]
DO WE HAVE ANY OTHER BOARD QUESTIONS? I, MR. MENCHACA, PLEASE.THE CAR'S GONNA BE IN THE FRONT AND YOU'RE GONNA PAY THE WAY FROM STREET TO THE GARAGE.
DOES THAT COVER A LOT OF THE FRONT, UH, FOR IMPERVIOUS COVER? I, I'M SORRY, CAN YOU REPEAT YOUR QUESTION? I'M ASKING IF YOU'RE GONNA PAY WHAT CONCRETE FROM THE FRONT, FROM THE STREET TO THE GARAGE AREA OF PARKING AREA, HOW MUCH OF THE FRONT GONNA BE COVERED IN CONCRETE? IT WOULD BE A SINGLE CAR GARAGE, NOT A DOUBLE CAR GARAGE.
UM, AND IT WOULD BE GOING FROM THE CURB TO THE SIDEWALK TO, UM, I, I COULD NOT GIVE YOU THE EXACT SQUARE FOOTAGE.
COMMISSIONER AKKA, THIS IS THE, UH, TO ANSWER THAT QUESTION, ONE OF THE REQUIREMENTS IS YOU CAN'T HAVE MORE THAN 50%.
SO A LOT OF HOMES THAT ARE BUILT ON 25 FOOT WIDE LOTS WILL HAVE RIBBONS TO REMEDY THAT ISSUE WITH A ONE CAR DRIVEWAY.
BUT WHEN THEY COME IN FOR PERMITTING, THAT'LL BE PART OF THE REVIEW PROCESS DURING THE PERMITTING PHASE.
ASKING ONE, ONE POINT THAT YOU DID LEAVE OUT, UH, ZEKE, IS THAT THE REASON WHY THERE IS A 20 FOOT SETBACK FOR GARAGE ENTRANCES IS SO THAT A CAR CAN BE LEGALLY PARKED ON THE DRIVEWAY BY REMOVING THAT 20 FOOT SETBACK, YOU ONLY ALLOWED 10 FEET OF PARKING FROM THE SIDEWALK TO THE HOUSE.
AND, AND MOST ANY CAR WOULD VIOLATE THE SIDEWALK UNLESS YOU HAD A SMART CAR OR SOMETHING VERY TINY LIKE THAT.
THAT'S THE REASON WHY THEY'RE, LOOK, THEY'RE SEEKING A VARIANCE.
ALTHOUGH THE HOUSE CAN COME WITHIN 10 FEET OF THE FRONT PROPERTY LINE, THE GARAGE GENERALLY STARTS 20 FEET BACK TO, ALLOWS FOR OUTDOOR PARKING.
THAT'S AN AUTOMATIC REQUIREMENT OF 20 FEET FROM EITHER REAR OF SIDEWALK OR PROPERTY LINE TO THE GARAGE TO ALLOW TWO VEHICLES TO PARK IN THAT DRIVEWAY.
SO THAT, THAT'S THE REASON WHY THEY'RE REQUESTING IT THE WAY THEY DID.
OTHERWISE, IT'D HAVE TO NOTCH THE HOUSE OUT ADDITIONAL 10 FEET TO ALLOW CLEARANCE FOR A PARKED CAR ON, ON THE OUTSIDE OF THE GARAGE.
AND THAT'S WHAT THEY'RE ASKING FOR A VARIANCE FOR HERE.
NOW, DOES THAT ALL INFORM OR HELP YOUR QUESTION MR. MENCHACA? YES, SIR.
I APPRECIATE THAT CLARITY RIGHT THERE.
ALRIGHT, ANYONE ELSE HAVE A QUESTION REGARDING, UH, THIS PARTICULAR APPLICANT? NONE.
UH, DID, UH, WE, WE DIDN'T HAVE ANY OTHER WITNESSES.
UH, WE HAVE ALL THE INFORMATION FROM THE, UH, APPLICANT, UNLESS THE APPLICANT HAS ANY ADDITIONAL INFORMATION, YOU MAY FEEL NECESSARY.
DO, DO YOU HAVE ANY INFORMATION? Y YES, I JUST WANTED TO SAY THAT ASIDE FROM THE VARIANCES THAT WE'RE REQUESTING, SINCE THERE ARE NO, UM, OF COURSE I HAVE NOT RE UM, SENT IN PLANS TO BE REVIEWED OR APPROVED, UM, TO THE CITY YET BECAUSE I, I NEED TO GET THIS APPROVED.
UM, I WOULD TAKE THAT INTO ACCOUNT AND, AND, AND ENSURE THAT I'M ADHERING TO ALL OF THE CITY OF SAN ANTONIO'S ORDINANCES, INCLUDING THE, THE FRONT SETBACK TO ENSURE THAT THERE'S ENOUGH ROOM FOR A VEHICLE TO NOT, UM, BE IN THE WAY OF THE SIDEWALK.
SO THERE'S PLENTY OF TIME FOR ME TO MAKE SURE THAT, THAT, THAT'S ADHERED TO AS WELL.
ALSO BE ADVISED THAT YOU ONLY HAVE A 25 FOOT LOT AND WITH THE DRIVEWAY ENTRANCE, THAT MEANS LEGALLY WE CANNOT PARK IN FRONT OF THE HOUSE ON THE STREET.
SINCE WE HAVE THIS INFORMATION AT THIS TIME AND UH, NO ALTERATIONS BEEN MADE BY THE APPLICANT FOR THE REQUEST, I'M SEEKING A MOTION FROM ONE OF THE BOARD MEMBERS.
AND THREE A TWO FOOT VARIANCE FROM THE FIVE FOOT MINIMUM SIDE SETBACK TO ALLOW RESIDENTIAL STRUCTURE TO BE THREE FEET FROM THE SIDE PROPERTY LINE SITUATED AT 6 2 5 EAST DREXEL AVENUE, APPLICANT BEING RIVER CITY ACQUISITIONS L L C.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST
[02:20:01]
AS THE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON A CURRENTLY VACANT LOT.TWO, DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP.
THE BOARD FINDS ITS SPECIAL CONDITIONS IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SUBJECT PROPERTY IS ONLY 25 FOOT WIDE AND HAS A SQUARE FOOTAGE LESS THAN THE MINIMUM REQUIREMENTS.
SO LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CREATE DIFFICULTY IN CONSTRUCTING A SINGLE FAMILY HOME.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED THAT SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW.
THE INTENT OF OF THE MINIMUM LOT DIMENSIONS IS TO CREATE UNIFORMITY AND PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE.
IN THIS CASE, THE APPLICANT WILL STILL MAINTAIN A THREE-FOOT SIDE SETBACK, CREATING ENOUGH SEPARATION FROM NEIGHBORING PROPERTIES AND STRUCTURES.
THE VARIANCE WILL NOT AUTHORIZE THE USE OF, OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE SOUGHT IS LOCATED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE YOU SPECIFICALLY AUTHORIZED BY THE DISTRICT FIVE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY ENTER THE APPROPRIATE USE OF ADJACENT PERFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE REQUEST FOR VARIANCES TO THE LOT SIZE, WIDTH, AND SIDE REAR SETBACKS DO NOT POSE RISKS OF SUBSTANTIALLY INJURING THE USE OF ADJACENT PROPERTIES.
THE ESSENTIAL CHARACTER OF THE DISTRICT DOES NOT SEEM LIKELY TO BE ALTERED OR AFFECTED.
THE PLIGHT OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY OR NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE BOARD FINDS THAT THE SMALL CONFIGURATION OF THE LOT MAY WARRANT THE GRANTING OF THIS REQUEST.
THE APPLICANT WAS INFORMED OF THE LIMITATIONS INCURRED BY THE ORDINANCE AND SUBMITTED THE REQUEST FOR THE VARIANCE PRIOR TO CONSTRUCTION.
UH, DO WE HAVE A SECOND? SECOND.
ALRIGHT, MR. KE DISCUSSION PLEASE.
UH, I'LL BE IN SUPPORT OF THIS MOTION.
UM, WE'VE SEEN A FEW OF THE, THESE IRREGULAR SIZED LOTS, UH, COME THROUGH RECENTLY.
I FIGURE WE'LL SEE MORE, UM, IN, IN MY OPINION, INFILL DEVELOPMENT, ESPECIALLY OF A SINGLE FAMILY HOME IN THIS GREAT NEIGHBORHOOD.
UH, IT IS GONNA BE, UH, GOOD FOR THE COMMUNITY.
UM, AND SO I WILL BE IN FULL SUPPORT.
ALRIGHT, ANYONE ELSE HAVE, UH, MS. MR. UH, MS. FISHER, ARE YOU YOUR SECOND? DO YOU HAVE ANY INPUT? I AGREE WITH MY COLLEAGUE.
I BELIEVE THAT THE, UH, 25 FOOT, UH, WIDTH WOULD BE, AND THE CURRENT DEVELOPMENT WOULD BE SATISFACTORY.
UH, I AGREE WITH MY COLLEAGUE IS I FEEL LIKE THE INFILL DEVELOPMENT IS A, A POSITIVE FOR THIS AREA.
NO OTHER PEOPLE HAVE INPUT ON THIS PARTICULAR CASE.
MY ONLY CONCERN ON THIS PARTICULAR ISSUE IS GENERALLY SPEAKING ON SMALL LOTS LIKE THIS WITH, WITH INADEQUATE PARKING FOR FAMILY OF AT LEAST TWO.
UH, IT'D BE AN UN UNFORTUNATE THAT, UH, WOULD FORCE SOMEONE TO PARK SO FAR DOWN THE STREET TO BE ABLE TO GET TO THEIR PROPERTY.
UM, AND THIS IS COMMON IN SAN ANTONIO.
UH, HOWEVER, UH, IF THEY, IF THE BUYER WHO DECIDES TO LIVE HERE WANTS TO SEPARATE PROPERTY, UNDERSTANDS THE LIMITATION, THEN I SEE NO REASON IN DENYING THIS PARTICULAR PRESS VARIANCE.
SO AT THIS TIME, I CLOSE IT TO THE PUBLIC AND LET'S GO AHEAD AND, UH, TAKE A ROLL CALL.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MANA, I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINDINGS OF FACT.
I CONCUR WITH THE FINES OF FACT.
MOTION APPROVE, UH, APPROVED UNANIMOUSLY.
UH, I'M GONNA CALL FOR A, UH, A FIVE MINUTE BREAK.
WE HAVE MANY MORE CASES TO COME BEFORE US, SO THOSE OF YOU THAT NEED IT, PLEASE SIGN YOUR MICROPHONE OFF NOW.
[02:25:04]
ALL RIGHT, GO AHEAD SIR.[5. 20-4362 BOA-20-10300061]
CONTINUE.LET'S GO AHEAD AND, UM, BRING UP THE NEXT CASE, WHICH I BELIEVE IS OH 0 6 1 ON WELLESLEY BOULEVARD.
I WAS PRESENTING WITHOUT THINKING.
CASE 61 AT 2 0 5 WELLESLEY BOULEVARD.
THE APPLICANT IS ADAPT ARCHITECTURE AND CONSTRUCTION.
L L C REQUEST FOR A 10 FOOT VARIANCE FROM THE REQUIRED 20 FOOT MINIMUM SEPARATION BETWEEN GARAGE ENTRANCE TO PROPERTY LINE TO ALLOW GARAGE ENTRANCE TO BE LOCATED 10 FEET AWAY FROM THE SIDE PROPERTY LINE.
AND TWO, A VARIANCE FROM THE CLEAR VISION STANDARDS FILL FENCE TO BE WITHIN THE CLEAR VISION FIELD.
CURRENT ZONE IS R FOUR A H O D.
THE APPLICANT IS REQUESTING A VARIANCE OF THE MINIMUM GARAGE ENTRANCE IN ORDER TO DEVELOP A DETACHED GARAGE.
ALONG WITH THIS, THE PROPOSED DRIVEWAY DRIVE APPROACH, UH, TO THE GARAGE WILL INTERFERE OF CLEAR VISION AS THE CURRENT FENCE IS PLACED THREE TO FIVE FEET WITHIN THE CLEAR VISION FIELD, UH, ACCOUNTING FOR THE CURVA CURVATURE OF THE PROPERTY LINE ALONG BRYN MAWR DRIVE.
THE SUBJECT PROPERTY IS LOCATED ON A CORNER LOT BETWEEN WELLESLEY BOULEVARD AND BRYN MAWR DRIVE A 60 FOOT RIGHT OF WAY, UH, THE SIDE AND REAR PROPERTY.
THAT THAT BEING THE, UH, THE LOCATION OF THE PROP, UH, PROPOSED GARAGE IS LOCATED ON THE CURRENT PORTION OF BRYN MAWR THAT ALLOWS THE ADEQUATE VISION OF BOTH NORTH AND SOUTH INCOMING TRAFFIC.
THE APPLICANT HAS STATED THE FENCE WILL BE MOVED OUT OF THE CLEAR VISION FIELD ONCE CONSTRUCTION HAS BEGUN.
SITE PLAN OF THE PROPERTY AND THE REQUEST.
AND SUBJECT PROPERTY ALONG WITH THE SURROUNDING AREA, STAFF RECOMMENDS APPROVAL OF D O A 21 0 3 0 0 0 6 1 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED GARAGE WILL BE OUT OF SIGHT BEHIND A SIX FOOT PRIVACY FENCE AND ALL SETBACKS WILL BE MET AND THE REQUESTED VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THIS DISTRICT.
AND REGARDLESS OF PROPOSED LOCATION DUE TO THE UNIQUE SHAPE OF THE LOT, THE VARIANCE REQUEST FOR THE GARAGE INTEREST MUST BE MADE FOR THIS PROPERTY.
NOTICES, UM, TWO IN FAVOR OUTSIDE THE 200 FOOT AREA, ZERO IN OPPOSITION AND NO RESPONSE FROM THE INTERNAL HEIGHTS NEIGHBORHOOD ASSOCIATION.
APPLICANT DID SUBMIT SOME A SURVEY OF SUPPORT AS YOU CAN SEE ON YOUR SCREEN NOW, WE DO HAVE ADAPT ARCHITECTURE AND CONSTRUCTION L L C ON THE LINE.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
HELLO, THIS IS MORGAN PENNIX OF ADAPT ARCHITECTURE AND CONSTRUCTION.
UM, REGARDING CASE NUMBERS 1 0 3 0 0 0 6 1 AT 2 0 5 WELLESLEY BOULEVARD AND THE, THE, UM, IMAGES ARE JUST CATCHING UP, UM, BUT IT'S A GOOD OVERVIEW THAT THE CITY HAS GIVEN YOU.
WE HAVE LOOKED AT A COUPLE OF DIFFERENT OPTIONS TO PROVIDE A PARKING, A COVERED PARKING STRUCTURE ON THIS PROPERTY.
UM, EVIDENTLY WHEN SOME WORK WAS DONE IN 2017, PRIOR TO MY CLIENT'S PURCHASING THE PROPERTY, THE ORIGINAL GARAGE LOCATION WAS, UM, ENCLOSED TO BECOME PART OF THE ACTUAL RESIDENCE WITH A NARROW ALLEY ON THE EAST SIDE OF THE PROPERTY AND THE EXISTING HOME BEING BUILT OUT TO THE 20 FOOT, UM, SETBACK LINE, UH,
AND ON THAT SIDE, UM, THERE ARE ALSO UTILITIES ON THAT SIDE TO BE CONSIDERED.
UM, THE, WE WILL STILL HAVE 20 FOOT CLEARANCE BETWEEN THE CURB AND THE FRONT
[02:30:01]
OF THE GARAGE.UM, WITH THE ANGLE, UM, THERE WILL ACTUALLY BE, ONE SIDE WILL BE 11 FEET OFF THE PROPERTY LINE, THE OTHER 10 FOOT OFF THE PROPERTY LINE.
AND THIS PROVIDES FOR APPROXIMATELY NINE FOOT SIX CLEARANCE FROM THE ACTUAL STRUCTURE OF THE HOME, WHICH, UM, ENABLES US TO LEAVE THE EXISTING WINDOWS IN ONE OF THE BEDROOMS. UM, OTHERWISE IF WE ATTACHED IT, WE WOULD LOSE THOSE WINDOWS.
UM, IF WE HAD A CARPORT, WE WOULD BARELY GET, UM, OUR DEPTH REQUIREMENT FOR PARKING STRUCTURE AND HAVE THE 20 FOOT SPACE THERE ON BRENMAR.
THIS ENTRANCE ALSO IS NEAR AN ALLEY, UM, ON THE OTHER SIDE OF THE STREET AND THIS NEIGHBORHOOD, THERE ARE A LOT OF, UM, THE NORTH SOUTH RUNNING STREETS TYPICALLY HAVE A LOT OF GARAGES AND CARPOOL SPACING THEM ON THE CORNER PROPERTIES.
AND, UM, THIS ONE HAS NO PARKING STRUCTURE.
CURRENTLY, WE DID LOOK AT POTENTIALLY ACCESSING A GARAGE STRUCTURE FROM THE FRONT, UM, BUT THAT WOULD INCLUDE THE REMOVAL OF THE ONE, UM, LARGE OAK TREE ON THE PROPERTY TO GET THE DRIVEWAY THROUGH THERE.
UM, THAT WOULD HAVE ENABLED US TO HAVE A FIVE FOOT SETBACK.
UM, BUT WE FEEL THIS IS A GOOD HYBRID IN THAT WE'RE NOT TOO CLOSE TO THE PROPERTY LINE.
WE CAN STILL GET A CAR AND NOT BLOCK THE STREET, UM, AND RETAIN SOME SEPARATION FROM THE HOUSE TO RETAIN THOSE WINDOWS.
THE STRUCTURE WILL BE CONNECTED TO THE HOUSE THROUGH, UM, BREEZEWAY AS WELL.
IS THAT THE EXTENT OF YOUR PRESENTATION? THAT IS CORRECT.
AND AS STATED, WE WILL MODIFY THE EXISTING FENCE AS NEEDED TO, UM, PROVIDE THE CLEAR VIEW.
THE DETAILS OF THE NEW STRUCTURE WILL MATCH THE EXISTING ONE, UM, AND BLEND INTO THE NEIGHBORHOOD.
AND I KNOW THAT MY CLIENT DID REACH OUT TO THE, UM, LOCAL NEIGHBORHOOD BOARD AND THEY DIDN'T HAVE ANY ISSUE.
UM, BUT I GUESS THEY DID NOT SUPPORT IT, UM, FORMALLY, BUT WE HAVE RECEIVED EIGHT NEARBY NEIGHBOR'S SIGNATURES SUPPORTING, UM, THIS GARAGE LOCATION.
DO WE HAVE ANY, UH, PUBLIC INPUT ON THIS? WE DO.
WE HAVE ONE LETTER IN SUPPORT AND THEN WE ALSO HAVE TWO VOICEMAIL IF YOU'D LIKE, I COULD READ THE, THE LETTER AND THEN WE'LL GET THE VOICEMAILS, UH, PLAYED FOR YOU.
SO THE FIRST ONE IS FROM, UH, TY SHEHAN RESIDENT AT ONE 11 IRVINGTON DRIVE.
I'M EMAILING ABOUT THE VARIANCE REQUEST THAT IT RELATED TO 2 0 5.
WELL, Z WHICH IS LOCATED ABOUT SIX BLOCKS FROM MY HOME, I BELIEVE THE HOME IS OWNED BY TRISTAN MALDONA AND HIS WIFE.
I'M REVIEWING THE VARIANCE REQUEST AND I'M IN FAVOR OF THE REQUESTED, UH, REQUEST BEING APPROVED AND GRANTED, UH, TO THE OWNER.
THE VARIANCE REFLECTS A NOMINAL VARIATION IN MY OPINION, AND WILL RESULT IN BETTER HOME FOR THE RESIDENCE AND A BETTER HOME IN OUR NEIGHBORHOOD, WHICH IS A POSITIVE RESULT, UH, FOR A YOUNG FAMILY, UM, AND THE NEIGHBORS.
FURTHER, I'VE SEEN FROM THE TIME TO TIME OF THE PROPERTIES IN NON-CONFORMING WORK, UH, COMMENCED WITHOUT THE APPROPRIATE APPEARANCE, REQUESTED CERTAIN CIRCUMSTANCES.
SO I APPRECIATE THE MALANO FOR PROCEEDING THROUGH THE APPROPRIATE PROCESS.
FINALLY, ALTHOUGH I AM WRITING, UM, IN MY CAPACITY AS THE INDIVIDUAL ONLY, I SERVE AS A PRESIDENT OF THE TERRELL HEIGHTS NEIGHBORHOOD ASSOCIATION AS RECENTLY AS LAST YEAR.
I RELAY THIS ONLY TO INDICATE THAT I DO TRY AND KEEP INFORMED ON, ON WHAT HAPPENS IN THE NEIGHBORHOOD.
AND SO I BELIEVE MY VOTE AS IN FAVOR OF THE VARIANCE IS INFORMED BY SOME MEANINGFUL CONTEXT FOR WHAT IT'S WORTH.
ANYWAY, THAT CONCLUDES THE LETTER.
UH, THIS, HI, MY NAME IS MARTY BOYD.
UM, MY, UH, THE CASE NUMBER, I'M CALLING ABOUT SIX ONE AT TWO ZERO FIVE WELLESLEY BOULEVARD.
UM, MY PHONE NUMBER IS THREE EIGHT EIGHT TWO ZERO FIVE SIX AND UM, MY ADDRESS IS 1 3 9 WEST OAKVIEW PLACE 2 0 9.
AND I WAS JUST CALLING, UM, AS THE PRESIDENT OF THE TAR HEIGHTS NEIGHBORHOOD ASSOCIATION.
UH, BUT NOT IN AN OFFICIAL CAPACITY, BUT I WOULD LIKE TO, UM, SUPPORT, I'M IN FAVOR OF THE ADJUSTMENT REQUEST FOR THE VARIANCE, THE
[02:35:02]
UM, SO AGAIN, MARIDI, M A R I BOY, 2 1 0 3 8 8 2 0 5 6.AND I JUST WANTED TO, UM, LET YOU KNOW THAT I'M IN FAVOR.
I DON'T SEE THIS KIND AN ISSUE FOR MY NEIGHBORHOOD AND THANK YOU SO MUCH.
I LIVE AT 4 2 9 BRENMAR AND ALSO OWN PROPERTY AT FOUR THREE THREE BRENMAR.
MY PHONE NUMBER'S ONE THREE ONE THREE NINE OH FOUR, I'M RESPONDING TO THE CASE THAT ENDS WITH THE DIGIT OH SIX ONE AT 2 0 5 WELLESLEY.
I'M SUPPORT IN SUPPORT OF BRANDING THE 10 FOOT VARIANCE, UM, NUMBER OF THE TARRELL HILLS, HILL HEIGHTS, UH, NEIGHBORHOOD ASSOCIATION AND, UH, A NEIGHBOR IN THE AREA.
SO I THINK THEY'VE DONE A BEAUTIFUL JOB OF, OF, UM, CONSTRUCTION THEY'VE DONE SO FAR, AND I TRUST THAT THE VARIANCE WILL LOOK JUST AS NICE.
SO I AM SUPPORT IN SUPPORT OF GRANTING THE VARIANCE.
NOW THAT'S ALL, ZEKE, THAT'S ALL WE'VE GOT.
THEN I'M OPENING THE, THE, UH, QUESTIONING FROM THE BOARD.
DO WE HAVE ANY QUESTIONS FOR THE APPLICANT? DOES ANY BUTTON ON THE BOARD HAVE THEIR MICROPHONE ON
NO ONE FROM THE BOARD THAT WANTS TO ASK A QUESTION.
WELL, THAT'S PRETTY CUT AND DRY.
UH, THEN, UH, LET'S ALLOW THE APPLICANT TO READ.
WELL, SHE, THERE'S NOTHING TO READ ABOUT.
SHE'S GOT A LOT OF SUPPORT FOR THIS.
SO, UM, I'M GONNA ASK THE APPLICANT TO FINISH HER STATEMENTS AND THEN WE'LL GO FROM THERE.
I BELIEVE THE HOMEOWNER, TRISTAN MALDONADO IS ON THE LINE AND HE WOULD LIKE TO SAY SOMETHING.
UM, THANK YOU FOR, UH, FOR THE CONSIDERATION TODAY.
UM, BOARD, I JUST WANTED TO, UH, TO CALL OUT SPECIFICALLY.
I ACTUALLY DO CURRENTLY SIT ON THE BOARD OF THE TARRELL HEIGHTS NEIGHBORHOOD ASSOCIATION.
SO THE, THE LACK OF A FORMAL ENDORSEMENT WAS ONLY BECAUSE WE FELT LIKE THERE'D BE A CONFLICT OF INTEREST.
SO I'M HERE AS A CITIZEN OF THE NEIGHBORHOOD AND, UM, HOPE TO, UH, UH, BE ABLE TO PROVIDE THIS GARAGE AND PARKING STRUCTURE FOR OUR YOUNG FAMILY.
HOLD ON, MR. APPLICANT, ARE YOU THERE STILL? I AM.
AND MY NAME IS JOHN JAMES CRITI, MALDONADO 2 0 5 WELLESLEY BOULEVARD.
FOR THE RECORD, YOU YES, MY QUESTION.
I'M GONNA GO AHEAD AND CLOSE THIS.
I'M GONNA GO AHEAD AND, UH, THERE, THERE WAS NO MORE QUESTIONS FROM THE BOARD, CORRECT? CORRECT.
AND I'M GONNA CLOSE THIS TO THE PUBLIC.
I'M ENTERTAINING A MOTION UNA, MR. OONA, MR. OZUNA, REGARDING CASE NUMBER BO O A DASH 20 DASH 0 3 0 61.
I MOVE TO THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A 10 FOOT VARIANCE FROM THE REQUIRED 20 FOOT MINIMUM SEPARATION BETWEEN GARAGE ENTRANCE TO PROPERTY LINE TO ALLOW A GARAGE ENTRANCE TO BE LOCATED 10 FEET AWAY FROM THE SIDE PROPERTY LINE.
AND TWO, A VARIANCE FROM THE CLEAR VISION STANDARDS TO ALLOW A FENCE TO BE WITHIN THE CLEAR VISION FIELD SITUATED AT 2 0 5 WELLESLEY BOULEVARD, APPLICANT BEING ADAPT ARCHITECTURE AND CONSTRUCTION L L C.
BECAUSE THE TESTIMONY PRESENTED TO US THE FACTS THAT WE HAVE DETERMINED SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY, SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.
SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PROPOSED GARAGE IS NOT CONTRARY TO THE PUBLIC INTEREST, AS IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES OR THE GENERAL PUBLIC.
THE GARAGE WILL BE SURROUNDED BY SIX FOOT, SIX FOOT PRIVATE PRIVACY FENCE ON EITHER SIDE WILL NOT BE NOTICEABLE TO THE PASSERBY.
FURTHER, IT'LL BE LOCATED ALONG A CURVED PORTION OF THE ROAD WITH ADEQUATE FIELD OF VIEW OF BOTH NORTH AND SOUTH INCOMING, UH, INCOMING TRAFFIC.
SECOND, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN, IN UNNECESSARY HARDSHIP DUE TO THE UNIQUE SHAPE OF THE APPLICANT'S CORNER LOT, THERE IS NO POINT ON THE PROPERTY WHERE A DETACHED GARAGE WOULDN'T NEED A VARIANCE FROM THE 20 FOOT GARAGE ENTRANCE, UH, ORDINANCE.
THIRD, BY GRANTING THE VARIANCE OF SPIRIT AND THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE REQUIREMENT RATHER THAN THE STRICT LETTER OF THE LAW.
THE PROPOSED GARAGE IS NOT OVERWHELMING IN SIZE COMPARED TO THE PR PRINCIPAL STRUCTURE ALLOWS ADEQUATE SPACE FOR MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS AND STILL ALLOWS ADEQUATE FIELD OF VISION OF BRIAN MAR INCOMING TRAFFIC.
FOURTH, THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE SONY DISTRICT FOR WHICH THE VARIANCE IS LOCATED.
[02:40:01]
WILL NOT PERMIT THE USE NOT AUTHORIZED WITHIN THE R FOUR SINGLE FAMILY DISTRICT BY SUCH VARIANCE, WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AT WHICH THE PROPERTY IS LOCATED, LOCATED.THE PROPERTY IS LOCATED IN THE DISTRICT CHARACTERIZED BUT DETACHED STRUCTURES WITHIN THE REAR PROPERTY DUE TO THE UNIQUE SHAPE AND CORNER LOT LOCATION DEVELOPMENT OF A DETACHED GARAGE MUST UNDERGO A VARIANCE REQUEST.
THE VARIANCE REQUEST WILL NOT INJURE ADJACENT CONFORMING PROPERTIES.
SIX, THE PLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY'S LOCATED.
THE VARIANCE BEING SOUGHT IS DUE TO THE SIZE CONSTRAINTS.
THE REAR PROPERTY IN REGARDS TO THE 20 FOOT GARAGE ENTRANCE, SET ENTRANCE SETBACK, IF APPROVED, ADEQUATE SPACE WILL BE RESERVED, UH, FOR SETBACKS, MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS AND STORM WATER CONTROLS.
FURTHER, THE PROPOSED GARAGE WILL BE OUTTA SIGHT BEHIND THE SIX FOOT PRIVACY FANS WITH GATE AND LOCATED ON A CURB RIGHT OF WAY THAT ALLOWS ADEQUATE FIELD DIVISION OF INCOMING TRAFFIC AND OF MOTION.
ALL RIGHT, MARIA, YOU GET THE CREDIT ON THAT? HMM.
ALRIGHT, UH, LET'S GO AHEAD AND START THE, UH, UH, DISCUSSION.
MR. UNA, YOU HAVE RIGHT? SO I'M GONNA SUPPORT THE MOTION.
OBVIOUSLY WE HAVE CONCURRENCE WITH THE, UH, UH, WITH THE NEIGHBORHOOD ASSOCIATIONS, CONCURRENT PROPERTY OWNERS.
UH, THE, UH, SOLUTION THAT THE APPLICANT IS PROPOSING IS THE BEST SOLUTION.
UH, ALTERNATE SOLUTIONS WOULD, WOULD INCLUDE I GUESS, REMOVAL OF THE HUGE OAK TREE, UH, OR OTHER, UM, UH, PROVISIONS, WHICH IS JUST NOT FEASIBLE.
SO I THINK THIS IS A, THE BEST CASE SCENARIO, WHICH DOES NOT, WE LOST, LOST FOR THE MOTION.
MARIA, MIKE? UH, YES, YOU HAVE THE FLOOR.
IT'S A GOOD, UH, POSITION WHERE THE GARAGE WILL BE AND I DON'T SEE ANYBODY OPPOSING IT, SO I'M IN FAVOR OF IT.
DO WE HAVE ANY OTHER BOARD MEMBERS LIKE TO GIVE THEIR INPUT? ALL RIGHT, NONE BEING THE CASE.
LET'S GO AHEAD AND TAKE THE ROLL CALL VOTE.
UH, SIR, WE FAILED TO NOTE AT THE BEGINNING OF THE MEETING THAT, UH, MR. ORIAN HAD TO RECUSE SO HE IS RECUSED FROM THIS CASE.
UH, MS. TREVINO SHOULD BE ON THE CALL.
SHE CAN JUST TURN ON HER, UH, CAMERA AND I BELIEVE SHE'S BEEN LISTENING IN, UH, TODAY.
SO SHE'LL BE RECORDED AS A REGULAR MEMBER FOR THIS CASE.
MR. MINKA, I CONCUR WITH THE FINDINGS OF FACTS.
YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MANA, I CONCUR WITH THE FINDINGS OF I CONCUR, MS. FISHER.
I CONCUR WITH THE FINES OF FACT.
GOOD LUCK WITH YOUR PROJECT AND, UH, THANK YOU FOR BRINGING THIS TO THE BOARD.
[6. 20-4348 BOA-20-10300062]
OUR NEXT CASE NUMBER OH 6 2 4 10 PROGRAM.I JUST WANNA MAKE SURE MR. OREN IS BACK ON AS A REGULAR MEMBER.
ADDRESS IS FOUR 10 PILGRIM DRIVE.
APPLICANT IS HENRY GUZMAN REQUEST FOR A FOUR FOOT 11 INCH VARIANCE WITH A FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW THE METAL CARPORT TO BE ONE INCH AWAY FROM SIDE PROPERTY LINE.
CURRENT ZONING IS R FOUR A H O D.
THE SUBJECT PROPERTY IS LOCATED AT FOUR 10, UH, PILGRIM WEST OF VANCE JACKSON DRIVE AND EAST OF DELVY PARK.
THE SURROUNDING AREA CONSISTS OF RESIDENTIAL BUILDINGS WITH A MIXTURE OF GARAGES AND CARPORTS.
THE APPLICANT IS SEEKING A VARIANCE FOR THE MINIMUM CARPORT SETBACK IN ORDER TO DEVELOP AN ATTACHED CARPORT IN FRONT OF THE EXISTING GARAGE.
THE APPLICANT STATES THAT THE CARPORT WILL BE VISUALLY APPEALING AND CONTI CONGRUOUS WITHIN THE NEIGHBORHOOD DURING SITE VISITS.
STAFF NOTED THAT THE METAL CARPORT IS A COMMON TYPE OF CARPORT WITHIN THE VICINITY SLIDE.
COPY THE SITE PLAN PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA.
[02:45:16]
STAFF RECOMMENDS DENIAL OF VARIANCE REQUEST WITH AN ALTERED RECOMMENDATION TO ALLOW THE CARPORT TO BE TWO FEET AWAY FROM THE SIDE PROPERTY LINE IN BO O A 21 0 3 0 0 0 6 2.BASED ON THE FOLLOWING FINDINGS, EFFECT THE REQUESTED VARIANCE DOES NOT PROVIDE ADEQUATE SPACE TO ALLOW STORMWATER RUNOFF AND LONG-TERM MAINTENANCE.
AND THE ALTERNATE RECOMMENDATION PROVIDES ADEQUATE SPACE TO ALLOW CARS TO FIT IN THE CARPORT AND MAINTAIN APPROPRIATE STRUCTURE MAINTENANCE AND PREVENT STORMWATER RUNOFF ON ADJACENT PROPERTIES.
TWO RECEIVED IN FAVOR, ZERO IN OPPOSITION.
NO RESPONSE FROM THE UE NEIGHBOR ASSOCIATION.
WE DO HAVE THE APPLICANT, MR. HENRY GSON ON THE PHONE.
MR. GOON, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
HI, MY NAME IS HENRY MANN AND, UH, I LIVE AT FOUR 10 PILGRAM DRIVE.
UH, THE CASE NUMBER IS B O A 21 0 3 0 0 0 0 6 2.
AND I'M REQUESTING A, UH, FOUR FOOT, UH, 11 INCH VARIANCE FROM THE FIVE FOOT MINIMUM SITE SETBACK TO ALLOW THE METAL CARPORT TO BE ONE INCH AWAY FROM THE SITE PROPERTY.
THIS CARPORT WOULD BE IN SIZE OF 18 FEET, SIX INCHES WIDTH, AND 20 FEET LENGTH.
UH, IT'S A FLAT PAN ROOF SYSTEM, ALUMINUM METAL CARPORT.
THE REASON I WANT THIS PORT IS TO PROTECT MY VEHICLES FROM SUN DAMAGE AND HAIL WILL ENHANCE THE VIEW OF THE HOUSE AND THE NEIGHBORHOOD AS WELL.
AND IT SHOWS THAT WE AS HOMEOWNERS CARE ABOUT OUR PROPERTY AND OUR NEIGHBORHOOD AS FAR AS SAFETY IS CONCERNED, IT WILL ALWAYS BE AN OPEN PERIMETER AND ADEQUATE ACCESS, AND IT'S 18 FEET FROM THE SOUTHWEST CORNER OF THE CARPORT TO MY NEIGHBOR'S HOUSE.
THERE ARE MANY CARPORTS IN THIS NEIGHBORHOOD LIKE THIS INSTALLED RIGHT UP TO THE EDGE OF THE PROPERTY LINE.
UH, I'VE SEEN MANY OF 'EM HERE, UH, AND I BELIEVE THAT IF YOU GRANT ME THIS, UH, I WOULD APPRECIATE THAT.
AND THERE WILL BE NO ELECTRICAL AT ALL PERIOD ON THIS CARPORT AT ALL.
I HOPE YOU CONSIDER MY, MY CARPORT.
WE'RE GOING TO GO AHEAD AND TAKE SOME OTHER TESTIMONIES IN THE EVENING.
WE WILL HAVE QUESTIONS FOR YOU, UH, AFTER THE PRE THE PRESENTATION OF THE PUBLIC TESTIMONY.
SO JUST LISTEN IN SO YOU CAN DEAL WITH THIS.
UH, ZACH, THINK, DO WE HAVE ANY, UH, ANY PUBLIC TESTIMONY HERE? THERE'S JUST A REAL QUICK EMAIL, UM, FROM LOTTIE EVA AT FOUR 14 PILGRIM DRIVE.
I AM IN FAVOR OF THE, OF THE ADJUSTMENT THAT WE MADE AT FOUR 10 PILGRIM DRIVE, AND THAT'S THE EXTENT OF THE COMMENTS THAT WERE RECEIVED.
WELL, THAT MAKES IT PRETTY MUCH EASY, UH, FOR THIS.
NOW, UH, NOW BEFORE, LET'S GO AHEAD AND GET, ASK SOME QUESTIONS OF THE BOARD FOR THE APPLICANT.
DO YOU HAVE ANY QUESTIONS? ORIAN, MR. ORIAN? YOU HAVE THE FLOOR? YES.
UH, UH, MR. GUZMAN, I WAS JUST CURIOUS, IS YOUR HELPER GONNA, UM, HAVE ANY GUTTERING OR IS IT GONNA SLANT A CERTAIN WAY FOR DRAINAGE? YES, SIR.
IT IS GONNA HAVE THAT, UH, DIFFERENT, UH, WHATEVER THE, THE, UH, THE, THE SPECS ARE AS FAR AS, UH, FOR DRAINAGE IS CONCERNED.
BUT, BUT IT, BUT 'CAUSE WE DON'T HAVE ANY PLANS OF IT, SO I WAS JUST CURIOUS, IS IS IT GOING TO SLANT TOWARDS YOUR NEIGHBOR'S PROPERTY OR TOWARDS YOUR, YOUR, UH, CENTER OF THE LOT, DO YOU KNOW? NO, IT'S GONNA BE, UH, TOWARDS THE, UH, DRIVEWAY, THE CENTER OF THE LOT, MY LOT.
ANY OTHER, ANY OTHER BOARD MEMBER HAVE A QUESTION? I HAVE A QUESTION, UH, FOR THE APPLICANT.
UH, I UNDERSTAND YOU WANT TO BE WITHIN AN INCH OF THE PROPERTY LINE CURRENTLY, IS YOUR DRIVEWAY ON THE PROPERTY LINE? YES, IT IS.
WELL, NO, NOT REALLY BECAUSE WHAT I HAVE IS, UH, I HAVE, UH, SIX INCHES TO PLAY WITH.
AS FAR AS WHERE THE, WHERE THE PROPERTY LINE IS AT, I, I CAN, I CAN PUT THE, UH, THEY CAN PUT THE POST IN THE GROUND.
OKAY, SO YOU'RE PUTTING THE POST IN THE GROUND ALLOW, WELL, ASSUMING YOU'RE USING A FOUR, FOUR INCH POST THAT YOU'RE GOING TO HAVE, IT'S STILL GONNA, OH, IT'S, WELL YOU SAY IT'S SIX INCHES TO THE PROPERTY LINE FROM YOUR DRIVEWAY, CORRECT? YES, SIR.
IT'S GONNA BE VERY TIGHT TO GET THAT WITHOUT
[02:50:01]
CROSSING OVER TO YOUR NEIGHBOR'S PROPERTY, EVEN WITH A ALUMINUM COVER.UH, IS THIS STEEL OR ALUMINUM COVER YOU'RE, YOU'RE PLANNING ON PUTTING OUT? I'M SORRY, SIR.
IS THIS, WILL THIS BE A STEEL OR ALUMINUM? I'VE ONLY HEARD METAL.
WELL, IT'S UH, IT'S GONNA BE ALUMINUM.
UH, I'M LOOKING FORWARD FOR ALUMINUM WITH, UH, WITH, UH, NO, NO, UH, YOU KNOW, IT'S JUST, IT'S NOT, IT'S NOT GONNA HAVE, UH, YOU KNOW, LIKE IT'S, UH, IT'S, I DON'T KNOW IF YOU'RE FAMILIAR WITH THE FLAT PAN ROOF SYSTEM, ALUMINUM CARPORTS? YES, I'M VERY FAMILIAR WITH THEM, BUT I ALSO AM FAMILIAR WITH THE TYPE OF POSTS THAT THEY USE AND THE FACT THAT THE, UH, THE LANCE OR THE EDGE OF THE, OF THE, UH, OF THE, UH, COVER ITSELF WOULD EXTEND GENERALLY OVER SIX INCHES, UM, FROM THE INSIDE OF THE POST TO THE OUTSIDE, WHICH WOULD BA BASICALLY PUT THE, UM, UH, COULD PUT YOUR, UH, STRUCTURE IN VIOLATION.
YOU, YOU'D HAVE TO MAKE SURE, EVEN WITH WHAT YOU'RE ASKING, THEY'RE GONNA HAVE TO CUT INTO YOUR CONCRETE.
SO WHAT I'M PUTTING THE, THE CARPET THAT I, THAT I I'M LOOKING AT IS RIGHT UP THE FOUR INCH POST THAT YOU'RE TALKING ABOUT IS RIGHT THERE WHERE THE FACIAL IS.
WELL, YOUR FASCIA DOESN'T EXTEND TO THE END OF THE DRIVEWAY THAT'S BESIDE NO, SIR.
ON THE SIDE OF, ON THE SIDE I'M TALKING ABOUT.
UM, ANYWAY, UH, I JUST WANTED TO ADVISE YOU THAT I'M, I AM VERY FAMILIAR WITH WHAT YOU'RE TALKING ABOUT.
I HAVE SOME OF, SOME OF MY PROPERTIES, BUT, UH, NEVERTHELESS, I, UM, YOU'RE ASSURED THAT THE CONTRACTOR CAN STAY WITHIN THE BOUNDARIES OF THE PROPERTY LINE BECAUSE WE COULD ONLY LIMIT YOU TO, TO HALF INCH FROM THE PROPERTY LINE, WHICH MEANS THAT THE DRIVEWAY IS SIX INCHES.
UH, I'M GONNA MAKE SURE THAT IT'S ALL GONNA BE UP TO SPECS.
ANY OTHER QUESTIONS FROM THE BOARD MEMBERS? NONE.
I'M GONNA GO AHEAD AND CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION FOR THE BOARD.
REGARDING CASE NUMBER BO A DASH 20 DASH OH 3 6 2, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A FOUR FOOT 11 INCH VARIANCE FROM THE FIVE FOOT SIDE SETBACK REQUIREMENT TO ALLOW IT THE METAL CAR PORT, UH, TO BE ONE INCH AWAY FROM THE SIDE PROPERTY LINE SITUATED AT FOUR 10 PILGRIM DRIVE, APPLICANT BEING HENRY GUZMAN.
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE FISCAL 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 ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS SERVED BY SETBACKS, RANKING THE VARIANCE STILL PROVIDES ADEQUATE SPACE FOR MAINTENANCE WHILE MAINTAINING ACCESSIBILITY TO LIGHT, AIR AND OPEN SPACE.
TWO, DUE TO SPECIAL ADMISSIONS OF LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP.
THE UNNECESSARY HARDSHIP RELATES TO THE FACT THAT IF THE VARIANCE IS NOT GRANTED, THE APPLICANT WILL NOT BE ABLE TO UTILIZE THE CARPORT AS IT WAS INTENDED.
BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW.
THE INTENT OF THE SETBACK LIMITATION IS TO ALLOW APPLICANT'S SPACE FOR MAINTENANCE AND ENCOURAGE PROPER STORMWATER DRAINAGE.
ALL INTENTS OF THIS LAW WILL BE OBSERVED IF APPROVED.
THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
NO OTHER NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THIS VARIANCE.
SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE CENTRAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THIS VARIANCE WILL NOT SUBSTANTIALLY INJURED OR ALTER THE USE OR CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT.
THE SUBJECT STRUCTURE THAT THE VARIANCE IS REQUESTED FOR FOLLOWS A COMMUNITY NORM OF REDUCED SIDE SETBACKS BUILT WITHIN THE VICINITY.
THE P OF THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY.
AND THE UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED.
THE PROPOSED CARPORT WILL PRESERVE THE CHARACTER OF THE NEIGHBORHOOD WITH ADEQUATE SPACE UTILIZED FROM MAINTENANCE OF THE STRUCTURE, STORMWATER, DRAINAGE AND ACCESSIBILITY, LIGHT AIR AND OPEN SPACE.
AND WHO IS THAT? ANNA? MR. ANNA.
MR. DOY, WOULD YOU START THE DISCUSSION PLEASE? SURE.
UH, I'M GONNA BE IN SUPPORT OF THIS REQUEST, UH, BECAUSE IT'LL BE METAL.
UH, IT'LL BE DRAINED TOWARDS THE STREET AS, UH, AS, UH, SO, UH, DETAILED BY THE APPLICANT AND THERE'S NOBODY IN
[02:55:01]
CONTEST AND THE BUDDING PROPERTY, UH, STRUCTURE, UH, THERE'S NOTHING, UM, OF, OF PERMANENCE, UH, LOCATED TO WHERE THE APPLICANT, MR. GURAN IS INTENDING TO PUT HIS, UH, CARPORT.UM, CAN I, UH, MR. MANNA, WHAT I CONCUR WITH MY COLLEAGUE AND IN THE VIEW UP AND DOWN THE STREET, YOU CAN SEE THAT THERE ARE SIMILAR STRUCTURES ON A NUMBER OF THE HOUSES, YOU KNOW, ON THAT SAME STREET.
SO I WILL BE IN, UH, IN AGREEMENT.
ANYONE ELSE HAVE SOME INPUT? GENERALLY? OKAY, I'M GONNA MAKE A BRIEF STATEMENT.
GENERALLY SPEAKING, I DON'T LIKE GETTING THIS CLOSE TO THE PROPERTY LINE.
HOWEVER, I AM VERY FAMILIAR WITH THESE ALUMINUM COVERS AND I FIND I FIND THAT THEY DO NOT BLOCK MUCH OF A VIEW WHATSOEVER IF PROPERLY INSTALLED.
IT IS A VERY GOOD PRODUCT FOR HOMEOWNERS THAT HAVE ISSUES WITH, UH, WEATHER.
UM, OUR ONLY CONCERN IS THAT THE LICENSED CONTRACTOR LEAD ALL REQUIRE STANDARD STANDARDS THAT WE'RE SITTING HERE AND NOTE THAT IT WILL HAVE TO BE ONE INCH TO THE SIDE.
LET'S GO AHEAD AND TAKE A ROLL CALL.
I DO NOT SUPPORT THE APPLICANT.
DO NOT MS. CRUZ? YES, I CONCUR.
MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT.
MS. ROMANA, I CONCUR WITH THE FINDINGS OF FACT.
MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACTS.
MR. LOVE, UNMUTE YOURSELF, SIR.
MR. ORIAN, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ.
IN FACT, THE MOTION HAS A REQUIRED NUMBER FOR PASSAGE.
REMEMBER YOUR, YOUR PERMITTING PROCESS AND YOU MUST COMPLY WITH ALL THE RULES.
[7. 20-4349 BOA-20-10300066]
HAVE ONE FINAL CASE BEFORE US, NUMBER 0 6 6 AT 2 0 6 EAST LUBBOCK.LET'S GO AHEAD AND PROCEED TO THIS CASE ONCE MORE.
ZEKE'S RELEASE FROM VALENTI SERVICES APPLICANT IS ERIC HANKIN.
IT REQUEST FOR ONE A 6 604 SQUARE FOOT VARIANCE FROM THE 4,000 SQUARE FOOT MINIMUM LOT SIZE REQUIREMENT TO ALLOW A LOT SIZE TO BE 3,396 SQUARE FEET.
AND TWO, A THREE FOOT VARIANCE FROM THE 35 FOOT MINIMUM LOT WIDTH SIZE TO ALLOW THE LOT WIDTH SIZE TO BE 32 FEET.
CURRENT ZONE IS R FOUR ML, D TWO ML R TWO A H O D.
SUBJECT PROPERTY IS LOCATED AT TWO 60 LUBBOCK STREET NORTH OF THE I 10 EAST AND WEST OF ZA CREEK.
THE LUBBOCK STREET NEIGHBORHOOD IS, UH, CHARACTERIZED BY RESIDENTIAL BUILDINGS.
UH, THE APPLICANT HAS RELOCATED A MANUFACTURED HOME TO THE SITE TO BE USED AS A A RESIDENTIAL UNIT WITHOUT PERMITS OR APPROPRIATE ZONING.
AND THERE'S A PENDING CODE ENFORCEMENT RECORD, UH, FOR THAT PROPERTY.
FOR THE RECORD, UM, THE PERMITS ARE CURRENTLY BEING REVIEWED.
THEY HAVE BEEN DENIED TO THIS POINT.
SO AS FAR AS THE STRUCTURE IS CONCERNED, UH, WE ARE JUST FOCUSED ON THE LOT SIZE INFORMATION.
CURRENTLY, THERE IS A RESIDENTIAL PERMIT UNDER REVIEW TO ENSURE THE STRUCTURE MEETS ALL BUILDING CODE REQUIREMENTS.
THE APPLICANT HAS APPLIED FOR A CERTIFICATE OF DETERMINATION THAT COULD BE PROCESSED IF A LOT SIZE VARIANCE IS APPROVED.
PIPELINE OF THE, OF THE PROPERTY.
PHOTO OF THE, OF THE SUBJECT, GO BACK.
PHOTO OF THE SUBJECT PROPERTY AND THEN THE SURROUNDING AREA.
YOU STAFF RECOMMENDS APPROVAL OF VARIANCE AND D O A 1 0 3 0 0 0 6 6 BASED ON THE FOLLOWING FINDINGS EFFECT, THE REQUEST OF VARIANCE WILL NOT DETRACT FROM THE NEIGHBORHOOD CHARACTER AND THE LOT SIZE.
STILL PROVIDES REASONABLE ACCESS TO PREVENT STORMWATER RUNOFF, MAINTENANCE OF
[03:00:01]
PROPERTY AND MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS.ONE IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS NO RESPONSE FROM A LONE STAR NEIGHBORHOOD ASSOCIATION.
WE DO HAVE ERIC HANKIN ON THE PHONE.
MR. HANKIN, WHEN YOU'RE READY, PLEASE PROVIDE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION.
THIS IS ERIC HANKIN, UH, 3 0 1 5 SAN PEDRO AVENUE.
AND, UH, APPRECIATE THE BOARD TAKING THE TIME TO HEAR THIS OUT.
UH, THE PROPERTY WAS PURCHASED FOR A FAMILY MEMBER THAT, UM, THAT HAD BEEN GOING THROUGH DEMENTIA ISSUES AND IT WAS INTENDED IT TO HAVE A TINY HOUSE.
SO, UM, WE, UH, MOVED A LITTLE BIT HASTILY AND WE'RE WORKING WITH THE CITY ON IT.
UM, YOU KNOW, TO GET, UH, HER OUT OF ASSISTED LIVING, THE WHOLE COVID THING'S BEEN OBVIOUSLY A PRECARIOUS TIME.
SO, UM, YOU KNOW, RIGHT NOW SHE'S LIVING WITH A FAMILY MEMBER.
UH, AND SO FAR AS THE PROPERTY'S CONCERNED, UM, IT ASKS THAT YOU GRANT THE REQUEST.
I THINK IT'S JUST A GOING TO BE A TINY HOME, KIND OF A SHOTGUN THAT WILL SIT ON THE LOT.
UM, PRIOR TO PURCHASING THE LOT, UH, THERE HAD BEEN PEOPLE CAMPING IN THE BACK OF IT.
IT WAS KIND OF USED AS SORT OF A, A DUMP OR BOX SPRINGS AND MATTRESSES.
AND, UM, YOU KNOW, WE'VE GONE IN THERE AND TRIED TO CLEAN IT UP AND, UM, YOU KNOW, WITH YOUR APPROVAL AND THE CERTIFICATE OF DETERMINATION WOULD LOOK FORWARD TO KIND OF COMPLETING THE REST OF THE PROCESS.
IS THAT THE EXTENT OF YOUR PRESENTATION? YES, SIR.
SO BASICALLY WHAT YOU'VE DONE HERE IS YOU'VE PUT A, UH, UM, I GUESS IT'S A MOBILE, UH, MOBILE HOME ON THE LOCK, AND THAT'S WHAT YOU'RE TRYING TO GET THE CITY TO APPROVE.
WITH SOME, SOME ADJUSTMENTS TO IT.
UM, IT, IT'S A LOT NICER THAN YOU MIGHT THINK, JUST THE MOBILE HOME IS, BUT, UH, WE WANNA BRING IT UP TO THE STANDARDS OF A SINGLE FAMILY ULTIMATELY, BUT HAVE TO PASS THIS CRUCIBLE.
SO THE PROPERTY IS NOT ZONED FOR A MOBILE HOME AT THIS TIME, RIGHT? IF THEY CHOOSE TO HAVE A MOBILE HOME ON SITE THAT WOULD REQUIRE REZONING AT THIS TIME, BUILDING REVIEW IS REVIEWING THIS TYPE OF STRUCTURE TO SEE IF IT NEEDS BUILDING CODE REQUIREMENTS AND, AND WHAT TYPE OF STRUCTURE THIS WOULD FALL UNDER.
SO THAT'S GONNA BE A TOTALLY SEPARATE ISSUE ALTOGETHER.
SO I JUST WANNA MAKE SURE IT'S CLARIFIED THAT IF IT IS A MOBILE HOME, IT DOES NOT HAVE THE APPROPRIATE ZONING AT THIS TIME.
SO THE FOCUS AT THIS TIME WILL BE SIMPLY THE LOT SIZE AND AND SO FORTH.
YES, I WAS, UH, THAT WAS ACTUALLY, YOU JUST, UH, TOOK THE WORDS RIGHT OUTTA MY MOUTH, BUT I WAS JUST TRYING TO MAKE SURE THAT WHAT WE UNDERSTOOD, WHAT WE'RE DEALING WITH HERE AND UH, IN THIS PARTICULAR REGARD, UH, DEPENDING ON THE AGE OF THE UNIT ITSELF, IT MORE THAN LIKELY WILL CONFIDE WITH BUILDING STANDARDS.
THE QUESTION IS HOW IT'S SET ON THE PROPERTY PERMANENTLY OR NOT.
NEVERTHELESS, UH, THE ISSUE THAT WE'RE DEALING WITH IS, UH, HAS TO DO WITH THE SIZE OF THE LOT, IS MY UNDERSTANDING IS CORRECT.
AND THESE, UH, THREE FOOT VARIANCE FROM THE MINIMUM 35 FOOT LOT WIDTH.
SO IT'S A QUESTION OF WHETHER IT'S ACTUALLY A, A RESIDENTIAL LOT OR NOT AT THIS POINT.
SO JUST FOR THE RECORD, THERE WAS A STRUCTURE ON THERE PREVIOUSLY, YEARS BACK, IT HAS BEEN GONE FOR SOME TIME BECAUSE THERE'S A NEW STRUCTURE ON SITE THAT REQUIRED THE CERTIFICATE OF DETERMINATION AND THAT THAT BROUGHT US TO THE BOARD.
AND NUMBER OF DIFF DIFFERENT THINGS ARE, ARE OF QUESTIONS.
WE'RE THE ONES THIS WOULD BE DESIGNATED IN RESIDENTIAL LOTTERY.
UH, THERE'S, UH, DO WE HAVE ANY PUBLIC INPUT ON THIS? WE HAVE ONE VOICEMAIL AND ULTIMATELY JUST ONE VOICEMAIL.
ALL RIGHT, LET'S LET, LET'S HEAR IT.
E OH A DASH TWO ZERO DASH 1 0 3 0 0 0 6 6.
UM, I AM IN FAVOR OF THE 2 0 6 EAST EAST LUBBOCK STREET,
[03:05:01]
UM, UH, ALLOWING THEM TO BE ABLE TO HAVE A HOME ON THEIR PROPERTY.I SEE THEY BOUGHT THE PROPERTY AND THEY WEREN'T AWARE THAT THERE WAS, UM, A MINIMUM REQUIREMENT.
UM, BUT I THINK THAT IT IS BETTER TO HAVE A LOT THAT IS NOT SITTING THERE EMPTY WITH PEOPLE DUMPING TRASH ON IT OR PEOPLE WHO ARE HOMELESS, UH, LIVING IN THE BUSHES.
AND, UM, IF SOMEONE IS WILLING TO FOLLOW THE RULES LEGALLY AND, UH, BUILD THEMSELVES A HOME, UM, RIGHT NOW, I KNOW IT'S A TRAILER.
HOPEFULLY ONE DAY THEY'D BE ABLE TO BUILD A HOME ON FOUNDATION.
BUT I AM IN SUPPORT OF THIS, SO I DO FAVOR IT.
UM, ALSO, I DO WANNA MENTION THAT ON OUR STREET THERE ARE A LOT OF PEOPLE THAT HAVE, UH, ILLEGALLY BUILT ADD-ONS, WHICH ARE A HAZARD TO, UH, THEIR OWN PROPERTY AND TO EVERYBODY ELSE ON THE STREET.
AND A LOT OF THE YARDS LOOK LIKE THEY ARE BEING USED AS, UH, PROPERTY TO HOARD, UH, TRASH AND VEHICLES AND LUMBER AND ALL THINGS OF THIS NATURE.
SO AS LONG AS THIS PROPERTY IS FOLLOWING THE RULES, WHICH IT LOOKS LIKE THEY ARE, THEY'RE APPLYING FOR PERMITS AND THE CITY DOES THEIR DUE DILIGENCE TO PROTECT THE ENTIRE COMMUNITY, UH, I AM IN FAVOR OF THIS.
AND OTHER THAN THAT, THAT'S IT.
I DON'T WISH TO LEAVE MY NUMBER, BUT I DID WANT TO SUPPORT ANYBODY WHO IS TRYING TO, UH, UH, BUILD A HOME.
AND IF THIS IS TO ENHANCE OUR, UH, OUR STREET, I APPRECIATE IT VERY MUCH.
UH, NOW BOARD MEMBERS, DO YOU HAVE AN OPPORTUNITY HERE TO ASK QUESTIONS OF THE STAFF OR THE APPLICANT? UH, DO WE HAVE ANY BOARD MEMBERS WILLING TO DO SO? FISHER, MS. FISHER, YOU HAVE A FLOOR? YES.
UM, ARE THERE ANY OTHER PROPERTIES IN CLOSE PROXIMITY THAT WOULD HAVE A 30 FOOT WIDE, UH, PROPERTY FRONT THAT, IN THIS NEIGHBORHOOD THAT WE KNOW OF? THIS IS MA'AM.
UM, A LOT, THE LOTS IN THIS NEIGHBORHOOD, THEY'RE OLDER LOTS, THEY'RE SPLIT UP PORTIONS OF LOTS WERE PROVIDED THE NEIGHBOR.
SO YES, THERE ARE VERY SIMILAR LOTS IN THIS NEIGHBORHOOD.
MS. BRAGMAN, YOU HAVE THE FLOOR.
UM, IS THE LOCATION THAT'S PICTURED, IS THAT THE ULTIMATE LOCATION THAT THE, THAT THE MANUFACTURER HOME IS GONNA BE LOCATED ON A LOT? OR IS IT GONNA BE CENTERED SO THAT THERE'S EQUAL, SO THERE'S, SO THERE'S MORE OF A SIDE SETBACK THAN IT APPEARS TO BE RIGHT NOW.
YOU KNOW, UH, TAKE THOSE DOWN.
SO WHERE IT'S POSITIONED RIGHT NOW, UH, WOULD BE THE CLOSEST THAT WE COULD, UM, YOU KNOW, PUT IT, UH, I GUESS THAT WOULD BE, YOU KNOW, AS FAR FAR WEST AS WE CAN GO WITHOUT HAVING TO CUT DOWN SOME PRETTY MATURE TREES ON THE LOT.
SO I, I GUESS MY QUESTION WAS HOW CLOSE IS THE STRUCTURE TO THE FENCE? SO IF YOU'RE LOOKING AT THE PROPERTY, HOW CLOSE IS THE STRUCTURE OF THE FENCE? IT'S ABOUT SIX FEET ON THE EAST SIDE.
ON THE LEFT HAND SIDE AS YOU'RE LOOKING AT THE HOUSE? YES, MA'AM.
DO WE HAVE ANY OTHER QUESTIONS FOR THE BOARD? NO OTHER QUESTIONS.
WE'VE LISTENED TO THE TESTIMONY THE APPLICANT HAS RESPONDED.
UH, I'M GONNA CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION CRUZ.
NOW, MS. CRUZ, WE REALIZE WE'RE ONLY DEALING WITH THE LOT SIZE.
THE TWO VARIANCES REQUIRED AT THE TOTAL LUMBER OF SQUARE FOOTAGE AND THE LOT WIDTH FOR CORRECT.
OKAY, SO WE'LL BE SORT OF DEFINING THE LOT.
GO AHEAD AND MAKE YOUR MOTION.
REGARDING CASE NUMBER BO 8 2 0 1 0 3 0 0 0 6 6, I MOVED WITH THE BOARD OF ADJUSTMENT GRANT, A 604 SQUARE FOOT VARIANCE FROM THE 4,000 SQUARE FEET SIZE REQUIREMENT TO ALLOW TO ALLOW A LOT SIZE TO BE 3,396 SQUARE FEET AND TWO, A THREE FOOT VARI FROM THE 35 FOOT MINIMUM LOT SIZE TO ALLOW THE LOT WIDTH TO BE 32 FEET SITUATED AT 2 0 6 EAST LUBBOCK STREET, APPLICANT BEING ERIC HAMPTON.
[03:10:02]
BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF PROVISION OF THE U G C AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP.SPECIFICALLY, WE FIND THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
IN THIS CASE, THE PUBLIC INTEREST IS REPRESENTED BYSIDE AND MAINTAIN NEIGHBORHOOD CHARACTER.
AND GIVEN THE CONSTRAINTS GRANTING THE VARIS STILL PROVIDES ADEQUATE ACCESSIBILITY TO LIGHT, AIR AND OPEN SPACE.
TWO, DUE TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT OF ORDINANCES WITH RESULT IN UNNECESSARY HARDSHIP, A ENFORCEMENT OF THE ORDINANCE RELATED TO THE
THREE, BY GRANTING THE VARI, THE SPIRIT OF THE ORDINANCE WOULD BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE.
THE PROPERTY ON THESE VARIANCES RELATES TO THE ARBITRARY LOT CREATED LONG AGO.
PRIOR TO THE CURRENT OWNER PURCHASE, THE OWNER REQUIRED ACQUIRED THE PROPERTY WITH THE CURRENT SPECIFIC SITE AND HAS INVESTED TIME AND EFFORT FOR ITS DEVELOPMENT.
FOR THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED.
NO OTHER NO USES OTHER THAN THOSE ALLOWED WITHIN THE DISTRICT WILL BE ALLOWED WITH THESE VARIANCES BY SUCH VARIANCE, WOULD NOT SUBSTANTIALLY ANGER.
THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY ARE ALL THE CENTRAL CHARACTER OF THE DISTRICT OF WHICH PROPERTY IS LOCATED, THE SUBJECT PROPERTY AND THE ADJACENT PROPERTIES ARE RESIDENTIAL.
FURTHER, SINCE IT'S THE SAME RESIDENTIAL USE, THESE VARIANCES WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USED FOR CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT SIX SUPPLI TO THE OWNER OF THE PROPERTY FOR WHICH
AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT OF WHERE THE PROPERTY IS LOCATED.
THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEEDED DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER.
AND IT'S NOT FINANCIAL IN NATURE.
THIS IS CREATED BY THE WHOLE-LIFE RATION OF OLDER, OUTDATED, SUBSTANTIAL SUBSTANDARD PLOTS AND MOTION.
MS. UH, CRUZ, WILL YOU BEGIN TO DISCUSS? UH, YES, SIR.
I THINK THE, UH, PROPERTY IS PERFECT FOR WHATEVER THEY DECIDE TO PUT IN THERE.
AND I IT WOULD BE GREAT FOR THE NEIGHBORHOOD AND IT'S BETTER THAN A LOT.
I, I'M IN CONCURRENCE WITH MY COLLEAGUE, THE LOTS.
THERE'S OTHER LOTS WITHIN THE NEIGHBORHOOD THAT ARE SIMILAR IN WIDTH AND DEPTH.
UM, SO I FEEL LIKE THE NEIGHBORHOOD SUPPORTS THIS TYPE OF, OF, UH, LOT.
ANY OTHER? THE BOARD HAVE A, HAVE A INPUT? IAN, MR. IAN, YOU HAVE A THOUGHT? YEAH, I JUST WANNA SAY THAT IT'S, THERE'S A DEVELOPMENT ON, ON EITHER SIDE.
I DON'T THINK THERE'S MUCH ELSE THAT, THAT YOU CAN DO WITH IT.
AND, AND EVERYONE'S USED TO IT BEING AN OCCUPIABLE, UH, TRACK.
ANYONE ELSE? NONE BEING THE CASE.
LET'S GO AHEAD AND TAKE THE ROLL CALL VOTE.
MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT.
MR. MANA, I CONCUR WITH THE FINDINGS.
I CONCUR WITH THE FINDINGS OF FACT.
MR. UNA, MAKE SURE TO HIT ON MUTE.
I CONCUR THE FINDINGS OF FACTS AND CHAIR MARTINEZ.
[03:15:01]
I CONCUR THE FINES OF FACT.THE MOTION CARRIES UNANIMOUSLY.
I WISH YOU THE BEST OF LUCK, UH, AND TRYING TO GET THAT, UH, UNIT APPROVED FOR THAT PROPERTY.
SO THAT CONCLUDES THE BOARD MIN, UH, BOARD PROCEEDINGS TODAY.
[8. 20-4378 Consideration and approval of the July 20, 2020 Board of Adjustment Minutes.]
CONTINUE ON WITH THE MINUTES FROM THE LAST MEETING.HAS EVERYONE HAD THE OPPORTUNITY TO REVIEW THOSE MINUTES? OKAY.
HAS ANY, ANY ADDITIONS, ALTERATIONS, OR OTHER CHANGES NECESSARY FOR THOSE MINUTES? NONE BEING THE CASE.
LET'S GO AHEAD AND LET THIS, EXCUSE ME.
MANA, MR. MANA, DO YOU HAVE A QUESTION? NO, I WAS GONNA MOVE THAT WE APPROVE THE MINUTES AS WRITTEN.
AND, UH, LET'S TAKE A ROLL CALL VOTE TO GET TO DETERMINE WHETHER WE HAVE, UH, MR. OR APPROVED.
MR. MS. BRAGMAN? YES, I APPROVE MR. LOVE CONCUR.
THE MINUTES ARE APPROVED FROM THE PREVIOUS MEETING.
NOW I'LL OBTAIN ANY INFORMATION THAT THE, UH, STAFF HAS IN REGARDS TO DIRECTIVES FROM THE BOARD, FROM THE STAFF.
WELL, I MEAN, I WANNA MAKE SOME INPUT HERE.
UM, I ACTUALLY HAD TO CALL WEBEX TO GET ONTO THIS MEETING.
IT WAS VERY, VERY COMPLICATED.
I, I GOT ON, I GUESS, TOO EARLY AND I WAS SITTING THERE BY MYSELF AND THAT IT DISAPPEARED.
SO I, I HOPE WE CAN GET RID OF SOME OF THESE TECHNICAL ISSUES BECAUSE IT'S, IF WE'RE GONNA CONTINUE TO DO THIS FOR THE NEXT FEW MONTHS, WE GOTTA MAKE IT EASIER.
UM, AND WE NEED TO TAKE CARE OF SOME OF THESE SOUND ISSUES IN REGARD TO THE TELEPHONE.
UM, THERE'S GOT TO BE SOME WAY TO INTERFACE THE PHONE WITH THE WEBEX SO WE DON'T GET THE ECHOING OR FEEDBACK.
UM, I DON'T BELIEVE THAT THAT ANY OF THE PROBLEMS ACTUALLY ARE ARISING WITH ANY OF THE BOARD MEMBERS BECAUSE I NEVER HEARD ANYTHING, UH, ANY EXTRA NOISE.
BUT ANYWAY, OUR, THESE THINGS NEED TO BE ADDRESSED TO MAKE THESE MEETINGS MORE CONVENIENT.
UH, WE'RE FORTUNATE WE'RE ABLE TO GET THROUGH BEFORE FIVE O'CLOCK TODAY, BUT IT COULD HAVE BEEN MUCH WORSE.
BUT ANYWAY, THANK YOU ALL FOR ATTENDING.
I THINK EVERYONE DID AN ADMIRABLE JOB.
AND, UH, OUR NEXT MEETING WILL BE AUGUST 17TH.
UH, IT STILL WILL BE A WEB, UH, FORMAT.
UM, AND, UH, HOPEFULLY WE'LL BE THROUGH WITH THE VIRUS AND WE CAN ALL COME BACK TO GREETING WITH EACH OTHER WITH SMILING FACES SOON.
THAT CONCLUDES THE BOARD, CLOSE.
THE BOARD, UH, THE THIRD, 2020 AND THE TIME IS 4:28 PM.