* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:13] MEETING HAS STARTED. YOU CAN GO AHEAD AND START. [Call to Order] ALL RIGHT. UH, GOOD AFTERNOON LADIES AND GENTLEMEN. MY NAME IS DONALD ORIAN. I AM THE VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT OF THE CITY OF SAN ANTONIO. I HEREBY CALL THIS REGULARLY NOTICE MEETING OF THE CITY OF BOARD OF ADJUSTMENT. UH, CAN WE HAVE OUR INTERPRETERS READ THE INTERPRETIVE INTERPRETATION SERVICES AVAILABLE FOR THIS MEETING, PLEASE? SURE. THANK YOU. CHAIR, PLEASE CONDUCT THE ROLL CALL. MICHELLE, MAKE SURE TO HIT UNMUTE. PRESENT. OKAY. MR. MINKA. PRESENT. MR. CRUZ? HERE. MR. TEAL? PRESENT. MR. MANA? PRESENT. MR. ORIAN? OH, ACTUALLY I'M TO CALL YOU LAST. SORRY. OKAY. MS. MOND, PRESENT. MUTE. OKAY, GOOD. MR. OZUNA? UH, PRESENT MR. LOVE HERE. MS. TREVINO PRESENT AND, UH, CHAIR ORIAN AND I AM PRESENT. ALRIGHT. UH, CHAIR. A FORM OF 10 IS PRESENT. FANTASTIC. OKAY. THAT'S THAT AUDIO WE'RE HAVING AGAIN. I'M JUST MAKE ALL RIGHT. WE'RE UNMUTED AGAIN. WE'RE TRYING IT AGAIN. IT'S ACTUALLY COMING FROM OUR SYSTEM. UH, SO NOT SURE WHAT'S GOING ON WITH THE CONNECTION, BUT SO FAR WE'RE OKAY. ALRIGHT. UH, GO AHEAD, CHAIR. OKAY. BEFORE WE PRE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATION. UH, THE BOARD IS AN ADMINISTRATIVE BODY AND NOT A COURT OF LAW. WE ONLY EXAMINE THE FACTS PERTAINING TO THE RELIEF SOUGHT, AND WE DO NOT GET INVOLVED IN DISPUTES OR LEGAL CLAIMS BETWEEN PARTIES. SPECIFIC POWERS HAVE BEEN GRANTED TO US BY THE TEXAS LEGISLATURE AND 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 THE 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 35 HERE AND DECIDE SPECIAL EXCEPTIONS ALLOWED UNDER CHAPTER 35 AND TO AUTHORIZE VARIANCES FROM THE ZONING REGULATIONS REQUIRED IN CHAPTER. WE ALSO SERVE AS AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF PUBLIC DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 28. EVERY DECISION OR 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. EVERY MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRENT VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHICH WHETHER PRESENT OR NOT IS NINE VOTES. THE BURDEN OF PROOF AND GRANTING THE RELIEF SOUGHT REST WITH THE APPLICANT. APPLICANT MUST PRESENT FACTS IN WHICH THE REQUEST OF RELIEF CAN BE LEGALLY GRANTED AND SUPPORTED APPEALS FROM THE DECISION OF THE BOARD REGARDING APPEALS FROM AN ADMINISTRATIVE OFFICIAL. SPECIAL EXCEPTIONS OR VARIANCES ARE MADE TO THE DISTRICT OR COUNTY COURT AT LAW BASED ON THE RECORD OF THESE PROCEEDINGS, APPEALS FROM THE BOARD. DECISIONS REGARDING CHAPTER 28 ARE MADE TO THE CITY COUNCIL. PRIOR TO STARTING WITH OUR ITEMS, I WOULD LIKE OUR STAFF TO REVIEW OUR MEETING FORMAT. STAFF, PLEASE PROCEED. ALRIGHT. TO PROTECT THE HEALTH OF THE PUBLIC AND LIMIT THE POTENTIAL SPREAD OF COVID 19. THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO PREFERENCE. THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO THE COVID 19 CRISIS AND ARE IN PLACE UNTIL FURTHER NOTICE. MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THIS MEETING BY VISITING WWW.SANANTONIO.GOV/DSD ARE BY CALLING IN FOR AUDIO ONLY AT 2 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 [00:05:01] ASKING TO BE CALLED DURING THE MEETING. STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES AND FOLLOWING THE PRESENTATION BY THE APPLICANT. STAFF WILL ALSO READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED AND STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL. LASTLY, FOR THOSE THAT SIGN UP TO RECEIVE A CALLBACK, WE WILL CALL THEM 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 COMMISSION. QUESTION CHAIR. THANK YOU. [1. 20-4697 BOA-20-10300071] UH, LET'S BEGIN WITH OUR INDIVIDUAL HEARING ITEMS. UH, STAFF PLEASE PRESENT THE FIRST ITEM. UH, DEVELOPMENT SERVICES IS BO O A 21 0 3 0 0 0 7 1. THE ADDRESS IS 12 485 IH 10 WEST. THIS IS IN COUNCIL DISTRICT EIGHT. THE APPLICANT IS SAR GLOBAL VARIANCE FOR THE MINIMUM, UH, 200 SIGNED SEPARATION TO ALLOW A SIGN TO BE AS CLOSE AS 150 FEET SEPARATED FROM EXISTING SIGNS. CURRENT ZONING IS C THREE M L O D SUBJECT PROPERTY RECENTLY CONSTRUCTED IN PLACE OF THE JOE'S CRAB SHACK LOCATED WITHIN THE FIELD, UH, STRIP CENTER IN FRONT OF THE ASHBY'S FURNITURE STORE AND GOLD'S GYM. THE APPLICANT IS SEEKING TO ERECT A 30 FOOT TALL 288 SQUARE FOOT SIGN FOR THE RECENTLY CONSTRUCTED COMMERCIAL MULTI-TENANT BUILDING. THE LOCATION OF THE PROPOSED SIGN WAS ONCE THE JOE'S CRAB SHACK SIGN, UH, CHAPTER 28, SECTION 28 64 REQUIRES SIGNS TO BE LOCATED 200 FEET AWAY FROM ANOTHER SIGN, COPY OF THE SITE PLAN AND THEN PHOTO OF THE THE NEW BUILDING AND SURROUNDING AREA. STAFF RECOMMENDS APPROVAL OF BO O A 21 0 3 0 0 0 7 1 BASED ON THE FOLLOWING FINDINGS EFFECT. THE REQUESTED VARIANCES WILL NOT DETRACT THE CHARACTER OF THE DEVELOPMENT OR THE DEVELOPING AN EXISTING COMMERCIAL AREA AND A SIGN WAS ONCE IN PLACE PRIOR TO DEMOLITION OF THE PREVIOUS, UH, COMMERCIAL STRUCTURE. SEVEN NOTICES ARE SENT OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO NEIGHBOR ASSOCIATION CONCLUDES MY PRESENTATION. WE DO HAVE NICK HARRIS ON THE PHONE WHO WILL, UH, PRESENT THE CASE. NICK, PLEASE PROVIDE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. HARRIS? UH, YES. HOLD ON. MAKE SURE I GET SOME GOOD VOLUME ON THE SCREEN. YES, MY NAME IS, UH, OH, SORRY. LET ME, UH, SPEAK A LITTLE BIT LOWER. MY NAME IS, UM, NICHOLAS HARRIS. I WORK WITH SS A R GLOBAL, UH, THE 26 25 BROADWAY STREET. AND I'M REPRESENTING THE PROPERTY OWNER AND THE ASSIGNED COMPANY. IN OUR PRESENTATION TO THE BOARD THIS MORNING, UH, I PROVIDED A POWERPOINT, WHICH IS RIGHT THERE. UM, WE CAN GO THROUGH THE, UH, EACH SLIDE INDIVIDUALLY. I CAN READ OFF OF THAT AND WE CAN GO INTO ANY FURTHER QUESTIONS. S A R GLOBAL SIGN IS REQUESTING TO, TO THE SPACE REQUIREMENT OF 200 FEET FACING FROM THE NEAREST PRE STANDING SIGN, UH, SAYING LOCATED AT 12 4 85 IH 10 WEST. NICK, YOU STILL THERE? YES. I'M JUST TRYING TO LET THE VOICE CATCH UP WITH ME. SO NOW YOU'RE FINE. 'CAUSE REMEMBER IF YOU'RE WATCHING IT, IT'S GONNA BE A DELAY THERE. SO, AH, WE'RE GONNA BE, WE'RE GONNA BE CHANGING THE SLIDES. THAT'S YOUR REQUEST. SO LET US KNOW WHAT SLIDE YOU WANT AND WE'LL, WE'LL CHANGE THAT TO THAT ONE. OKAY, THANK YOU. UM, SECOND SLIDE IS A SUMMARY OF A REQUEST FOR THE VARIANCE. CHAPTER 28 SIGNING. BILLBOARD ORDINANCE HAS REGULATIONS PERTAIN TO THE URBAN BORDERS BASED REQUIREMENTS AS WELL TO THE MASTER SIGN PLAN, WHICH HAS A REQUIREMENT THAT THIS AREA AS WELL SOME HISTORY OF THIS LOCATION IN 1990 OR SOMETIME AFTER THE THIRD WAS DESIGNATED AS AN URBAN CORRIDOR. IT HAD DIFFERENT HEIGHT SIZES BASED REQUIREMENTS FOR REGULAR CITY CODE. NICK, MAKE SURE TO TURN OFF YOUR SPEAKER AND WHATEVER YOU'RE LISTENING TO, UM, AND ONLY, AND JUST TELL US TO GO TO THE NEXT SLIDE. REMEMBER, DON'T PAY ATTENTION TO WHAT'S ON THE SCREEN 'CAUSE YOU'RE, YOU'RE IN A LIVE STALL. OKAY, THANK YOU. ALRIGHT, YOU READY [00:10:01] FOR THE NEXT SLIDE? WE'RE READY? YES. OKAY, GO AHEAD. KEEP GOING. UM, SPACE WAS DESIGNATED AS 200 FEET WHILE YOU WERE OUT OF SUCH AN AREA AND WILL BE 150 FOOT, FEET, UH, FEET. IN ADDITION, ONE OF, UH, THE FIRST MASTER SIGN PLANS CAME INTO PLACE CALLING THIS AREA THE FIFTH. OKAY. TURN OFF THE FIFTH. I I HAVE IT ALL. I HAVE THE SPEAKER OFF FOR THE, YOU GETTING SOME OTHER FEEDBACK? ALRIGHT, YOU READY FOR THE NEXT SLIDE? WE'RE READY? YES. YES. OKAY, GO AHEAD, KEEP GOING. UM, GO AHEAD AND GO TO THE NEXT SLIDE. 200 FEET LONG. YOU WERE OUT SUCH AREA. IT'LL BE 50 FOOT, FEET, FEET IN ADDITION. THE FIRST MASTER I HAVE TO KICK HER OFF AND THEN , YOU CAN GO TO THE NEXT, UH, SLIDE PLEASE. ALL RIGHT, NICK, IS THERE ANYTHING ELSE ON THAT YOU HAVE OTHER THAN YOUR PHONE? NO, UH, I'M THINKING WHAT'S HAPPENING IS MAYBE IT'S SOMETHING COMING THROUGH. UH, MAYBE ON MY, UM, ON MY LAPTOP HERE. LET ME, LET ME, UM, OKAY. SEE IF I CAN TURN THAT OFF. YEAH, TURN OFF YOUR LAPTOP. UH, OR OR JUST MUTE IT. MUTE THE SPEAKER. TURN THE VOLUME OFF. THAT'S THE FEEDBACK. THERE YOU GO. I FOUND IT. ALRIGHT. OKAY. ARE YOU READY FOR SLIDE THREE NOW? YES, MA'AM. OKAY. WE'RE ON SLIDE THREE. GO AHEAD. UM, THIS IS ALSO MENTIONED TO SHOW A REASON FOR THE REQUIRED VARIANCE. WHAT THE MASTER SIGN PLAN PROVIDES IS THAT ALL EXISTING SCIENCE CAN JOIN TOGETHER SO THAT THEY GET SIGNAGE IN THE MAIN PRIMARY ROADWAYS IN EXCHANGE FOR LESS SIGNAGE. AND CERTAIN ONES CAN GET MAXIMUM HEIGHTS SIZES, BUT OTHERS HAVE TO BE AT A REDUCTION IN BOTH SQUARE FOOTAGE AND HEIGHTS IN ORDER TO BE, TO BE ABLE TO STILL PARTICIPATE TO THE PLAN. THIS PARTICULAR PROPERTY WAS JUST RECENTLY DEVELOPED AND WE WAS TO SUBMIT AN APPLICATION THAT WILL FIT OR KEEP IN ACCORDANCE WITH THE OVERALL PLAN THAT WAS CREATED OVER 25 YEARS AGO IF THE VARIANCE IS GRANTED. UH, NEXT SLIDE. GO AHEAD NICK. UM, I THINK THAT'S IT. UH, CAN YOU GO TO THE NEXT SLIDE? WE DID, NICK, REMEMBER, THERE'S A DELAY IF YOU'RE WATCHING IT. UH, SO JUST TELL US SLIDE AND WE'LL GET TO IT. OKAY. I'LL WAIT THEN. SORRY. NO, GO AHEAD. WE'RE ALREADY THERE, NICK. IT HASN'T MOVED ON MY, MY SCREEN YET. NICK, REMEMBER THERE'S A DELAY. IF YOU'RE WATCHING IT, THERE'S GONNA BE A DELAY LOOKING FOR THE LIVE CALL. OKAY. SO ON THE LIVE CALL STOP SIDE AND WE'LL, WE'LL SWITCH TO THAT PAGE. ALL RIGHT. GO AHEAD AND SWITCH THE PAGE AND THEN, UH, LET ME GO TO THE PRESENTATION I HAVE ON THE EMAIL SO THAT WAY I COULD READ OFF OF THAT INSTEAD OF TRYING TO READ OFF WHAT'S ON THE SCREEN. UM, I'M ALMOST THERE. MY APOLOGIES. I, UH, IT WOULD BE THE NEXT PAGE RIGHT NOW THAT I'M LOOKING AT. WE REVIEW THE SITE, BUT THERE WAS NO OPTION WITHIN THE PROPERTY TO MEET THE UC SPACE REQUIREMENTS, BUT WE COULD DO IT WHERE AT LEAST BE AT LEAST 150 FEET AND ROUGHLY 155 FEET FROM THE TWO EXISTING SIDES OR WHERE THEY'RE IN PLACE. UH, THESE DEVELOPMENT, IF WE WERE TO GO OUTSIDE THE PLAN, THEN UH, WE COULD PLACE IT, BUT, UH, IT WOULD GATHER, UH, MORE HEIGHTENED SIZE, BUT WE WANNA KEEP 'EM WITHIN THE SPIRIT AND THE INTENT OF THE ORIGINAL, UH, URBAN QUARTER REQUIREMENTS AND ALSO THE REDUCTION HEIGHTENED SQUARE FOOTAGES SO WE CAN, UM, JUST ADDRESS THE SPACING ISSUES THAT ARE COMING INTO PLAY TODAY. AND THEN, UH, THE NEXT SLIDE WOULD JUST SHOW, UH, THE SIGN THAT CURRENTLY EXISTED ON THIS DEVELOPMENT WITHIN THEN THE MASTER SIGN PLAN. UH, THAT ONE'S ROUGHLY, UH, 150 FOOT AWAY AND IT'S THE CHILI'S [00:15:01] AND THAT WILL BE GOING TO THE NORTH SIDE OF THE DEVELOPMENT. AND THEN THE LAST SLIDE WILL SHOW, UM, ACTUALLY THE SLIDE BEFORE THAT WOULD BE THE ASHLEY FURNITURE IN THE GHOST GYM, WHICH IS TO THE SOUTHERN PORTION OF THE PROPERTY. THAT'S THE ONE THAT'S 150 FEET AWAY. AND THEN THE OTHER ONE WOULD BE, UH, ROUGHLY 150, WHICH WOULD BE THE CHILIES TO THE NORTHERN PART OF THE PROPERTY. UM, STAFF HAS ALL THE OTHER, UH, INFORMATION THAT'S REQUIRED. ALL RIGHT. WELL, THANK YOU VERY MUCH, UM, STAFF. IS THERE ANYBODY SIGNED IN TO SPEAK? NO, SIR. NOBODY SIGNED UP. ALL RIGHT. SO LET'S, UH, TAKE SOME QUESTIONS FROM THE BOARD. ZUNA, DO YOU RECOGNIZE WHO'S RECOGNIZED? UH, A ZUNA RECOGNIZED. OKAY, THANK YOU. THE QUESTION I HAVE IS, UH, REGARDS TO THE EXISTING JOE'S CRABS SHACK SITE. IS THAT SIGN COMPLETELY REMOVED AND THIS, UH, SIGN WILL REPLACE IT? WHAT WAS THE SQUARE FOOTAGE OF THE, UH, JOE'S CRAB SHACK AND WHAT ARE REPLACING IT WITH THIS, WITH THIS MULTI-TENANT SIGN? MULTI-TENANT SIGN IS THAT QUESTION FOR ME, BECAUSE, UH, THE JOE'S CRAB SHACK IS NO LONGER EXISTING. JUST THE PULL BY ITSELF. AND THAT'S PROBABLY ABOUT, UH, 220 FEET, UH, SOUTH OF THE WHERE IT'S VACANT RIGHT NOW. OKAY. THANK YOU. UH, ANYONE ELSE? ANYONE? ANNA IS RECOGNIZED. I DON'T KNOW IF THIS, UH, QUESTION GOES TO THE CITY OR, UH, TO THE APPLICANT HERE, BUT THERE'S TWO MEDIANS THERE. SO THERE'S, UH, SO YOU HAVE THE, UM, UH, FRONTAGE ROAD, THEN YOU HAVE A MEDIAN, AND THEN A DRIVE, UH, THAT, UH, SITS. AND THEN YOU HAVE, UM, UM, THE NEXT MEDIAN WHERE ALL THE SIGNS ARE CURRENTLY LOCATED. AND SO BY GRANTING THIS, WOULD THIS ALLOW ANY SIGNS TO BE PUT ON THAT OUTSIDE MEDIAN, OR WOULD IT STILL RESTRICTED TO THE CURRENT, UH, MEDIAN THAT IT'S, UH, THE SIGN CURRENTLY LOCATED? BASED ON MY HISTORY AND THE WAY THAT THINGS WORK WITH THE CITY OF SAN ANTONIO, IT WILL BE BEHIND THAT, UH, EXACTLY WHERE THE OTHER SIGNS ARE LOCATED TO MAINTAIN THAT PROPER SETBACKS FROM THE STREET FRONTAGE. SO CITY WOULD, WOULD YOU CONCUR WITH THAT POSITION THEN? SO THAT, UH, THIS COULD NOT BE PUT ON THE MEDIAN, UH, DIRECTLY ADJACENT TO THE, OR ADJOINING THE, UM, UM, CURRENT, UM, ACCESS ROAD OR FRONTAGE ROAD? YES, SIR. SO, SO KEEP IN MIND THAT OUTER EASEMENT IS AN, IS A, UH, ELECTRIC EASEMENT. SO THERE'S OVERHEAD, OVERHEAD, UH, POWER LINES ALONG THE OUTER EDGE. PERFECT. OKAY. THANK YOU VERY MUCH. ANYONE ELSE? MINKA MINKA IS RECOGNIZED. UH, YES SIR. UH, I WOULD LIKE TO ASK, WHAT IS THE NORMAL SQUARE FOOTAGE FOR SUCH A TIME? UH, AND THE POINT EARLIER, I'M NOT SURE WHAT THE, UH, FOOTAGE SHOULD BE. IT'S GONNA BE A BIGGER SIGN. SAME SIGN. WHAT, NICK, COULD YOU HEAR THE QUESTION? IF NOT WE, UH, MR. ? YEAH, I CAN, YEAH. OKAY. AHEAD. I, I I CAN ANSWER THAT. I JUST DIDN'T KNOW IF THEY WANTED STAFF TO ANSWER IT, BUT, UH, BASED ON MY KNOWLEDGE AND THE HISTORY OF, UH, THE SIGN ORDINANCE, UH, THE CORRIDORS AT THE TIME WHEN IT WAS CREATED, ALLOWED A MULTI-TENANT SIGN TO BE EXISTING AT A TOTAL OF 40 FOOT OVERALL HEIGHT FROM THE GROUND TO THE TOP, AND A MAXIMUM SQUARE FOOTAGE. I WANT TO SAY, UH, AT LEAST, UH, 375 OR 400, UH, SQUARE FEET. IT MIGHT BE 500 STILL. 'CAUSE THERE'S BEEN A LOT OF CHANGES SINCE THE EARLY NINETIES WHEN THE ORDINANCE WAS DEVELOPED. SO THIS TIME WE'LL DOMINATE THAN THE OTHER ONE. THAT THIS ONE WILL BE ACTUALLY SMALLER FOR A MULTI-TENANT SIGN THAN IT WOULD'VE BEEN FOR THE OTHER STANDING SIGN. THAT WOULD'VE CORRECT. BECAUSE THE CITY DESIGNATE SIGNAGES, WE EITHER SINGLE-TENANT USER OR A MULTI-TENANT USER. AND THIS WILL BE THE SMALLER SIZE FOR A MULTI-TENANT STATUS. THANK YOU. ANYONE ELSE? ANYONE ELSE? [00:20:01] UH, ANY OTHER QUESTIONS FROM COMMISSIONERS? MARTINEZ. OH, CHAIR MARTINEZ. YES. , I'VE, MY CONCERN ON, ON THESE SIGNAGES, SOME , A LOT OF THE TREES AND WHATEVER, AND THAT YOU DO SOME CHANGES TO THE SLIDE. ARE YOU TAKING CONSIDERATION FROM THE ROAD? UM, WE WERE HAVING TROUBLE HEARING THAT QUESTION. HEARING QUESTION DECISION. THE SIGN TAKE INTO ACCOUNT, UP THE ROAD, FOR INSTANCE, THE ASHLEY SIGN THAT'S CHOSEN INTO THE FRONT HERE. NOT TRUE. BE VISIBLE FROM THE ROAD. ROGER, KEEP IN MIND, SO THERE'S AN OUT EASEMENT. YOU HAVE TO GO INTO THE PARKING LOT. ALL OF THAT WAS TAKEN INTO CONSIDERATION. TAKING INTO CONSIDERATION. WELL, OKAY. AS LONG AS STAFF AGREES WITH WHAT THEY'RE DOING. THAT'S FINE. UH, UH, CHAIR, ARE YOU TAKING THE CASE OVER AT THIS POINT? NO. UM, DONALD, I'M SORRY, MR. ORIAN, UH, YOU'D HAVE TO STILL CONTINUE AS CHAIR ON THIS CASE BECAUSE WE DIDN'T HAVE VIDEO FOR HIM UNTIL JUST A WHILE AGO. OKAY. AND HIS BANDWIDTH, YOUR BANDWIDTH IS REALLY LOW, MR. MARTINEZ, SO YOU'RE CUTTING OUT QUITE A BIT. OKAY. IS THERE ANY MORE QUESTIONS FROM COMMISSIONERS? OKAY, THEN I WILL, I I LIKE TO ASK A QUESTION. UM, IN ONE OF THE, IN THE PRESENTATION, IT WAS REMARKED THAT, OR AT LEAST I GOT THE IMPRESSION THAT THIS WAS IN LINE WITH THE, UH, MASTER SIGN PLAN. IS THAT, DID I HEAR THAT CORRECTLY? IS IT, IS IT, DID I GET INCORRECTLY? IS IS IT IN LINE? THAT IS CORRECT. BASED ON THE INFORMATION THAT WE, FROM THE CITY. WE FROM THE CITY. OKAY. SO THIS QUESTION'S FOR STAFFED IS IF YOU'RE IN LINE WITH THE, WITH THE APPROVED MASTER SIGN PLAN, DOES THAT MEAN THAT, DOESN'T THAT MEAN THAT YOU, FROM THE URBAN COURT ORDER, FROM REQUIREMENT REQUIREMENT, SO IT IS IN LINE WITH THE MASTER PLAN. IS THIS WHAT THE ONLY ISSUE IN THIS? HOLD ON. UH, SOMEBODY HAS A, SOMEBODY HAS A, UH, AUDIO ON FROM MAYBE THEIR COMPUTER AUDIO ON FROM MAYBE THEIR COMPUTER OR SOMETHING. THERE'S SOMETHING, SOMETHING ACTUALLY WE ARE, UM, TAKE A PAUSE. IT'S THE POLYCOM THAT WE HAVE IT ON. SO WE'RE GONNA DISCONNECT THE AUDIO ON AND RECONNECT. TAKE ABOUT A FIVE MINUTE RECESS. OKAY. I HEAR, I CALL A FIVE MINUTE RECESS. WE'RE GONNA RECONVENE AT ONE 30. SHOULD EVERYBODY ONE 30. SHOULD EVERYBODY LOG OFF AND MARK IN? OH. OH, CATHERINE. CATHERINE. I THINK IT WAS JUST A STICKY, YOU HEAR ME? THEY WERE GOING TO RESET. OH, OKAY. ALRIGHT. GO AHEAD SIR. ALRIGHT. UH, SO I'M RECONVENING THE MEETING. UH, SO I, I HAD A QUESTION. I JUST WANNA MAKE SURE IT WAS ANSWERED FOR THE RECORD ABOUT, UH, WHAT HAPPENS WHEN YOU HAVE A, AN APPROVED, UH, MASTER SIGN PLAN, BUT YET YOU'RE IN CONTRAST TO SOMETHING THAT CAME AFTER, LIKE, SO STAFF, COULD YOU PLEASE, UH, RE REPEAT THE ANSWER? YOU WANNA GO AHEAD. I, I THINK ZEKE HAD HAD ANSWERED IT. IT DOESN'T CHANGE. IT'S, IT'S ALL WITHIN THE, THE ONLY, THE ONLY ISSUE IS A SPACING ISSUE ON THIS PARTICULAR SLIDE. I, I KNOW, BUT [00:25:01] I HAD THIS QUE THIS QUESTION IS FOR STAFF. NO, THAT, YEAH, THAT IS STAFF IT? YES. OH, I'M SORRY. YEAH. IT'S EDWARD RODRIGUEZ, OUR SIGN INSPECTOR. OKAY. UH, MR. RODRIGUEZ. SO LET'S SEE. MR. RODRIGUEZ IS THE, DID THE MASTER SIGN PLAN CALL OR ALLOW FOR THIS SIGN TO BE IN THIS LOCATION ABOUT THIS SIZE? THAT'S IN QUESTION BEFORE US TODAY. YES. IT'S JUST A, IT WAS JUST NOT MEETING SPACING BECAUSE IT CALLS FOR 200, 200 FEET BETWEEN SIGNS AND THIS IS GONNA BE APPROXIMATELY 150 FEET BETWEEN SIGNS. OKAY. AND IS THAT, IS THAT A REQUIREMENT FROM THE MASTER SIGN PLAN OR FROM THE URBAN CORRIDOR DISTRICT? THE URBAN CORRIDOR. OKAY. AND THAT CAME AFTER THE MASTER SIGN PLAN, CORRECT? CORRECT. CORRECT. OKAY. YEAH, THAT, THAT, THAT WAS THE PREMISE OF MY QUESTION, IS THAT WHEN I THOUGHT MASTER SIGN PLANS WERE, WERE APPROVED BY CITY COUNCIL AND THAT THEY HAD AN EFFECT OF, OF OVERRIDING, UH, CONFLICTS WITH THE CODES THAT COME AFTERWARDS. NO, IT DOES NOT. OKAY. THANK YOU. VERY. IT DOES NOT. ALL RIGHT. SO IF, UH, THERE'S NO MORE QUESTIONS, I'M GOING TO BE CLOSING THIS, UH, PUBLIC HEARING AND I'M LOOKING FOR A MOTION. ANA ANNA MAN IS RECOGNIZED REGARDING CASE NUMBER B O A 2 0 1 0 3 0 0 0 7 1. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR THE MINIMUM 200 FOOT SIGN SEPARATION TO ALLOW A SIGN TO BE AS CLOSE AS 150 FOOT SEPARATED FROM EXISTING SIGNS SITUATED AT 1 2 4 8 5 IH 10 WEST, APPLICANT BEING S A R GLOBAL 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 LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE CHAPTER 28 AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NECESSARY BECAUSE STRICT ENFORCEMENT OF THIS ARTICLE PROHIBITS ANY REASONABLE OPPORTUNITY TO PROVIDE FEATURES OF A SITE SUCH AS ITS DIMENSIONS, LANDSCAPING, OR TOPOGRAPHY, OR TWO, A DENIAL OF THE VARIANCE WOULD PROBABLY CAUSE CESSATION OF LEGITIMATE, LONGSTANDING ACTIVE COMMERCIAL USE OF THE PROPERTY DUE TO THE ONCE EXISTING SIGN, THE PROPOSED SIGN WITHIN THE SAME AREA IS WARRANTED AND WILL CONFORM TO EXISTING CONDITIONS OF THE COMMERCIAL AREA. THREE, AFTER SEEKING ONE OR MORE OF THE FINDINGS SET FORTH IN PARAGRAPHS ONE AND TWO, THE BOARD FINDS THAT A GRANTING A VARIANCE DOES NOT PROVIDE THE APPLICANT WITH A SPECIAL PRIVILEGE, NOT ENJOYED BY OTHERS SIMILARLY SITUATED OR POTENTIALLY SIMILAR, SIMILARLY SITUATED, UH, THE REQUEST IS NOT OUT OF CHARACTER WITH THE SURROUNDING COMMERCIAL PROPERTIES, AND THE SIGN WILL NOT BLOCK ANY EXISTING BUSINESS SIMILAR HEIGHT SIGNS WITHIN THE AREA. B GRANTING THE VARIANCE WILL NOT HAVE A SUBSTANTIALLY ADVERSE IMPACT ON NEIGHBORING PROPERTIES. THE PROPOSED VARIANCE WILL NOT HAVE AN INVEST AN INVERSE IMPACT ON NEIGHBORING PROPERTIES AS SURROUNDING PROPERTIES HAVE SIMILAR SIGNAGE. FURTHER, THE PROPOSED SIGN AND RECENTLY DEVELOPED COMMERCIAL MULTI-TENANT BUILDING WAS ONCE THE SITE OF AN EXISTING RESTAURANT WITH A COMMERCIAL ADVERTISING SIGN THAT WAS DEMOLISHED. C GRANTING THE VARIANCE WILL NOT SUBSTANTIALLY CONFLICT WITH THE STATED PURPOSES OF THIS ARTICLE. THE REQUESTED VARIANCE DOES NOT CONFLICT WITH THE STATED PURPOSE OF THE CHAPTER. THE REQUESTED SIGN SEPARATION PROVIDES REASONABLE LIMIT ON SIGNAGE TO HELP PRESERVE ECONOMIC CORNERSTONE. FURTHER REQUEST WILL NOT CREATE TRAFFIC HAZARDS BY CONFUSING OR EXTRACTING MOTORISTS OR BY IMPAIRING THE DRIVER'S ABILITY TO SEE PEDESTRIANS, OBSTACLES OR OTHER VEHICLES, OR TO RE'S TRAFFIC. SIGN. AND A MOTION, A MOTION BY AMANDA SECOND BY, UH, WHO SECONDED THAT I DID, UH, DON, MS. UH, MARIA. OKAY. COMMISSIONER CRUZ. YEAH, AMANDA, PLEASE HEAR SOMEBODY. I'M SORRY, DONNA. I KEEP HEARING SOMEBODY ELSE, SO I'M NOT SURE WHO'S TALKING PLEASE. BESIDES, UH, MR. MAN WAS TALK BESIDES STEVE TALKING. CAN YOU HEAR IT? I CAN HEAR SOME RESIDUAL AUDIO. UH, SO LET'S, LET'S MAKE SURE EVERYBODY'S MUTE, UH, MUTED WHO ISN'T TALKING. AND ANA, PLEASE LEAVE THE DISCUSSION PER THE DIALOGUE THAT WE HAD. UM, AND WAIT, GUYS, IT'S, IT'S THE AUDIO FROM OUR END. HOLD ON A SECOND, BEFORE DOING THE DISCUSSION ON THE MOTION. DONALD, DID YOU, DID YOU HEAR THAT? YES, I DID. AND SO WE'RE HOLDING OFF UNTIL YOU AUDIO. OKAY. THANK YOU. HOLD ON A SECOND. [00:30:18] LET'S, LET'S MAKE EVERYBODY BEFORE DOING DISCUSSION ON, ALRIGHT, WE'RE LIVE. GO AHEAD, SIR. GREAT. UH, SO WHERE WE LEFT OFF, UH, AT THE MEETING THAT'S NOW BACK ON, UH, COMMA WAS GOING TO BEGIN THE DISCUSSION. YES. SO, UH, I WON'T BE VOTING IN FAVOR OF THIS AS THIS, THIS IS REPLACING THE EXISTING SIGN, AND SO THEREFORE, UM, I DON'T HAVE AN ISSUE WITH THIS. OKAY. THE SECOND WAS BY, UH, COMMISSIONER UH, CRUZ. SO, GO AHEAD. YES, I CONCUR WITH MY COLLEAGUE. I DON'T SEE ANY PROBLEMS WITH THIS. IT'S GONNA BE A NICE, UH, ADDITION TO THAT AREA. THANK YOU. UH, ANYONE ELSE LIKE TO PROVIDE A COMMENT? UH, HEARING NONE, UH, I WILL JUST ADD THAT I ALSO AGREE THAT I'M IN FAVOR, UH, SPECIFICALLY BECAUSE IT, IT DOES NOT CONFLICT WITH THE ORIGINAL MASTER SIGN PLAN, UH, THAT THE DEVELOPMENT WAS, WAS UNDER 25 YEARS AGO, AND IT DOESN'T SEEM TO BE INCREASING, UH, BE ANYWHERE. SO STAFF, PLEASE TAKE THE ROLE FOR THE, UH, VOTE. MICHELLE. AYE. MR. MANCHACA, I CONCUR WITH THE FINE FACTS. MS. CRUZ? YES, I CONCUR. MR. KEEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT, MR. ORIAN. I ALSO CONCUR WITH THE FINDINGS OF FACT. SORRY, I MEANT TO CALL YOU LAST, SIR. MS. BRAMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE I CONCUR. MS. TREVINO? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT. AND I ALREADY GOT YOU CHAIR. SO THAT IS MOTION OF, UH, MOTION PASSES. 10 TO ZERO. FANTASTIC. [2. 20-4702 BOA-20-10300068] UH, NEXT CASE PLEASE. OKAY. BO O A 21 0 3 0 0 6 8 AT FOUR 15 WILLOW, IT'S IN DISTRICT TWO. APPLICANT IS ALDO RAMIREZ, AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DECISION TO ISSUE A CERTIFICATE OF APPROPRIATENESS. CURRENT ZONING IS R FOUR HISTORIC A H O D. NEXT SLIDE. THIS IS A, A PHOTO OF THE SUBJECT PROPERTY AND THE SURROUNDING AREA. WE DO HAVE EDWARD HALL ON THE, ON THE PHONE FROM HIS, THE OFFICE OF HISTORIC PRESERVATION, WHO WILL BE, UH, TAKING OVER THE PRESENTATION FROM HERE. EDWARD, WHENEVER YOU'RE READY. IF YOU HAVEN'T ALREADY. INS PRESENTATION. O H B STAFFS PRESENTATION. IT'S, IT'S UP. GO AHEAD, EDWARD. OKAY, THANK YOU. UH, ONCE AGAIN, I'M EDWARD HALL FROM THE OFFICE OF HISTORIC PRESERVATION. UH, FOUR 15 WILLOW IS LOCATED WITHIN THE DIGNA WHITTY HILL HISTORIC DISTRICT IN REGARDS TO THIS REQUEST. THIS IS AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S, DENIAL OF THE INSTALLATION OF WINDOWS AND A NEW CONSTRUCTION AT FOUR 15 WILLOW, THAT, THAT DO NOT MEET STAFF STANDARD SPECIFICATION REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAMES, PROFILES, AND BOTTOM AND TOP AND MEETING RAIL PROFILES AND DIMENSIONS. IF YOU COULD GO, PLEASE GO TO THE CASE HISTORY PAGE. ON AUGUST THE 16TH, 2017, THE APPLICANT RECEIVED CONCEPTUAL APPROVAL FROM THE HISTORIC AND DESIGN REVIEW COMMISSION WITH STIPULATIONS THAT INCLUDED THE INSTALLATION [00:35:01] OF DOUBLE HUNG WOOD OR ALUMINUM CLAD WOOD WINDOWS THAT WERE TO MEET STAFF STANDARD SPECIFICATIONS REGARDING THE APPROPRIATE DIMENSIONS, BLOCK FRAME, SASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES AND DIMENSIONS. THE APPLICANT RECEIVED FINAL APPROVAL FROM THE HISTORIC AND DESIGN REVIEW COMMISSION ON JULY THE 18TH WITH STIPULATIONS THAT INCLUDED THE INSTALLATION OF DOUBLE HUNG WOOD OR ALUMINUM CLAD WOOD WINDOWS THAT WERE TO MEET STAFF STANDARD SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAME, SASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES AND DIMENSIONS. ON MARCH 4TH OF THIS YEAR, 2020, THE APPLICANT SUBMITTED AN ALUMINUM CLAD WOOD WINDOW TO STAFF TO ADDRESS THE STIPULATIONS OF APPROVAL. STAFF SUB SUBSEQUENTLY ISSUED A CERTIFICATE OF APPROPRIATENESS, NOTING THE INSTALLATION OF A WINDOW PRODUCT THAT MET THE REQUIRED SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAMES, SASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES AND DIMENSIONS. ON MARCH THE 26TH OF THIS YEAR, O H P STAFF PERFORMED A SITE VISIT AND ISSUED A STOP WORK ORDER FOR THE INSTALLATION OF UNAPPROVED ALUMINUM WINDOWS, AS WELL AS OTHER MODIFICATIONS TO THE PROPOSED DESIGN, INCLUDING MODIFICATIONS TO FENESTRATION PATTERNS, ROOF MATERIALS, AND SIDING SPECIFICATIONS. THE INSTALLED WINDOWS DO NOT MEET THE REQUIRED SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCKED FRAMES SLASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES AND DIMENSIONS. ON MAY THE FIRST OF THIS YEAR, THE APPLICANT RECEIVED A CERTIFICATE OF APPROPRIATENESS FOR APPROVAL TO AMEND THE PREVIOUSLY APPROVED DESIGN REGARDING SIDING, SPECIFICATIONS AND WINDOW FENESTRATION. THE PREVIOUSLY INSTALLED ALUMINUM WINDOWS WERE DENIED BY THE COMMISSION DUE TO NOT MEETING THE REQUIRED SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAMES, SASH PROFILES, AND BOTTOM TOP, AND MEETING RAIL PROFILES AND DIMENSIONS. AT THE JUNE 3RD, 2020 HISTORIC AND DESIGN REVIEW COMMISSION, THE, THE COMMISSION DENIED A PROPOSED AMENDMENT TO MAINTAIN THE DENIED WINDOWS AS INSTALLED WHILE MODIFYING THE INSTALLED WINDOW ADMINISTRATION. NEXT PAGE TO THE APPLICABLE CITATIONS, PLEASE. THE HISTORIC DESIGN GUIDELINES, CHAPTER FOUR, GUIDELINES FROM NEW CONSTRUCTION. NOTE THAT COMPLIMENTARY MATERIALS ARE TO BE USED IN NEW CONSTRUCTION MATERIALS THAT COMPLIMENT THE TYPE, COLOR AND TEXTURE OF MATERIALS FOUND TRADITIONALLY IN THE DISTRICT SHOULD BE USED. MATERIALS SHOULD NOT BE SO DISSIMILAR AS TO DISTRACT FROM THE HISTORIC INTERPRETATION OF THE DISTRICT. NEXT PAGE, PLEASE. THIS PAGE NOTES THE STANDARD SPECIFICATIONS FOR WINDOWS TO BE USED IN ADDITIONS IN NEW CONSTRUCTION. O H P STAFF AND THE H D R C HAVE UPHELD AND ROUTINELY AND CONSISTENTLY APPLIED THESE SPECIFICATIONS TO WINDOWS AND ADDITIONS AND NEW CONSTRUCTION FOR APPROXIMATELY THREE YEARS. UH, THESE SPECIFICATIONS, AS YOU CAN SEE ON THE SCREEN, I'LL GO THROUGH EACH OF THOSE AS THEY ARE APPLICABLE TO THIS CASE. IN GENERAL, WINDOWS AND NEW CONSTRUCTION BE SHOULD BE SIMILAR IN APPEARANCE TO THOSE FOUND COMMONLY WITHIN THE DISTRICT IN TERMS OF SIZE, PROFILE AND CONFIGURATION. WHILE NO MATERIAL IS EXPRESSLY PROHIBITED BY THE HISTORIC DESIGN GUIDELINES, A HIGH QUALITY WOOD OR ALUMINUM CLAD WOOD WINDOW PRODUCT OFTEN MEETS THE GUIDELINES WITH THE STIPULATIONS LISTED BELOW FOR SIZE WINDOW SHOULD FEATURE TRADITIONAL DIMENSIONS AND PROPORTIONS AS FOUND WITHIN THE DISTRICT SASH MEETING RAILS MUST BE NO TALLER THAN 1.25 INCHES. STYLES MUST BE NO WIDER THAN 2.25 INCHES. TOP AND BOTTOM SASHES MUST BE EQUAL IN SIZE UNLESS OTHERWISE APPROVED DEPTH. THERE SHOULD BE A MINIMUM OF TWO INCHES IN DEPTH BETWEEN THE FRONT FACE OF THE WINDOW TRIM AND THE FRONT, FRONT FACE OF THE TOP WINDOW SASH. THIS MUST BE ACCOMPLISHED BY RECESSING THE WINDOW SUFFICIENTLY WITHIN THE OPENING OR WITHIN THE INSTALL, OR WITH THE INSTALLATION OF ADDITIONAL WINDOW TRIM. TO ADD THICKNESS, ALL WINDOWS SHOULD BE SUPPLIED IN A BLOCK FRAME AND EXCLUDE NAILING FINS, WHICH LIMIT THE ABILITY TO SUFFICIENTLY RECESS. THE WINDOWS TRIM WINDOW TRIM MUST FEATURE TRADITIONAL DIMENSIONS AND ARCHITECTURALLY APPROPRIATE CASING AND SLOPE SEAL DETAIL. GLAZING WINDOWS SHOULD FEATURE CLEAR GLASS. LOW EAR REFLECTIVE COATINGS ARE NOT RECOMMENDED FOR REPLACEMENTS. THE GLAZING SHOULD FEATURE, SHOULD NOT FEATURE PHOTO DIVIDED LIGHTS WITH AN INTERIOR GRILL IF APPROVED TO MATCH A HISTORIC WINDOW CONFIGURATION, THE WINDOW SHOULD FEATURE TRUE EXTERIOR MUS AND COLOR STAFF FINDS AND RECOMMENDS THAT WINDOWS FEATURE A DARK COLOR AND NOT THE WHITE MANUFACTURER'S COLORS. NEXT PAGE, PLEASE. TO THE FAR RIGHT OF THIS PAGE IS A WINDOW, OR EXCUSE ME, A WALL SECTION NOT IN THE APPROPRIATE INSTALLATION OF A WINDOW. AS YOU CAN SEE, THE WINDOW IS INSTALLED WITHIN THE ACTUAL WALL OPENING AND NOT APPLY IT TO THE SHEATHING AS WOULD BE DONE [00:40:01] WITH A NAILING FIN. YOU CAN ALSO SEE IN THIS SECTION ON THE RIGHT HAND SIDE AN APPROPRIATE SEAL DETAIL AS WELL AS APPROPRIATE TRIM DIMENSIONS. TO THE LEFT HAND SIDE, YOU SEE A WINDOW WITH THE GREEN CHECK MARK THAT WHEN INSTALLED PER THE SECTION AT THE FAR HAND, RIGHT SIDE OF THE PAGE, WOULD RESULT IN A WINDOW THAT'S PROPERLY FRAMED AND TRIMMED, WHEREAS THE WINDOW WITH THE RED X SHOWS A WINDOW THAT'S INSTALLED WITH THE NAILING FIN, WHICH ACTUALLY LEAVES THE WINDOW PROTRUDING FROM THE WALL OF THE STRUCTURE. NEXT PAGE, PLEASE. AS YOU CAN SEE IN THE TWO PHOTOS, THESE ARE TIMES STAMPED MARCH 26TH, 2020 FROM STAFF'S ORIGINAL SITE VISIT TO THE SITE. THE WINDOWS INSTALLED DO NOT MEET THE REQUIRED SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAME, SASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES AND DIMENSIONS. AS YOU CAN SEE, THE WINDOW DOESN'T FEATURE A SASH, WHICH WAS, UH, EXCUSE ME, DOESN'T FEATURE A PROPER SEAL, WHICH IS REFERENCED IN THE PREVIOUS WINDOW WALL SECTION. THE WINDOWS IN THE RIGHT HAND PHOTO DON'T FEATURE MEETING RAILS. THEY'RE FIXED LIGHTS. ADDITIONALLY, THIS WINDOW FEATURES A NAILING PRINT THEN, WHICH PROHIBITS THE ABILITY OF THE WINDOW TO BE INSTALLED WITH THE RECESSED OPENING. ADDITIONALLY, THE MEETING RAILS, AS YOU CAN SEE IN THE PHOTO ON THE RIGHT, DON'T FEATURE THE APPROPRIATE DIMENSIONS NOR DO THE TOP AND BOTTOM RAILS, NOR THE STYLES ON EACH SIDE OF THE WINDOW OPENING FINDINGS. THE FIRST FINDING MORE OR LESS SUMMARIZES UH, THE CASE HISTORY. HOWEVER, I'LL READ EACH FINDING FOR THE RECORD AT THE MAY 1ST, 2020. HISTORIC AND DESIGN REVIEW COMMISSION HEARING, THE APPLICANT REQUESTED APPROVAL TO INSTALL ALUMINUM WINDOWS, WHICH WERE NOT CONSISTENT WITH THE REQUIRED SPECIFICATIONS DUE TO THE TYPE OF WINDOW AS WELL AS THEIR CONFIGURATION AND PROFILE. PREVIOUS APPROVALS BY THE COMMISSION INCLUDED THE INSTALLATION OF ALUMINUM CLAD WOOD WINDOWS. THE APPLICANT SATISFIED THE STIPULATION BY SUBMITTING AN ALUMINUM CLA WOOD WINDOW PRODUCT TO O H P STAFF THAT MET THE REQUIRED SPECIFICATIONS REGARDING TYPE CONFIGURATION AND PROFILE, AND A CERTIFICATE OF APPROPRIATENESS WAS SUBSEQUENTLY ISSUED. THE REQUESTED ALUMINUM WINDOWS WERE INSTALLED WITHOUT A CERTIFICATE OF APPROPRIATENESS AND ARE NOT CONSISTENT WITH THE HISTORIC DESIGN GUIDELINES, NOR ARE THEY CONSISTENT WITH O H P STAFF STANDARD SPECIFICATIONS FOR WINDOWS AND CONSTRUCTION. THE HISTORIC AND DESIGN REVIEW COMMISSION DENIED THE REQUEST TO AMEND THE PREVIOUSLY APPROVED WINDOWS DUE TO THE INSTALLED WINDOWS NOT MEETING THE REQUIRED SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAMES SLASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES AND SUBMISSIONS AND DIMENSIONS FINDING B. THE APPLICANT SUBMITTED A SUBSEQUENT, SUBSEQUENT REQUEST TO THE HISTORIC AND DESIGN REVIEW COMMISSION FOR APPROVAL OF THE PREVIOUSLY INSTALLED ALUMINUM WINDOWS, AS WELL AS AN AMENDMENT TO THE EXISTING FENESTRATION PROFILE. THIS REQUEST WAS HEARD AT THE JUNE 3RD, 2020 H D R C HEARING WHERE THE REQUEST WAS DENIED. THE WINDOWS WERE AGAIN, DENIED BECAUSE THEY DID NOT MEET THE REQUIRED SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAMES, ASH PROFILES, AND BOTTOM TOP OF MEETING RAIL PROFILES AND DIMENSIONS. STAFF FINDING C STAFF'S RECOMMENDATIONS THROUGHOUT THE REVIEW PROCESS, INCLUDING HEARINGS IN 2017 AND 18, HAS INCLUDED THE INSTALLATION OF WOOD OR ALUMINUM CLAD WOOD WINDOWS, WHICH MEET THE STANDARD SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK FRAME, SASH PROFILES, AND BOTTOM TOP OF MEETING RAIL PROFILES AND DIMENSIONS. NEXT SLIDE. NEXT SLIDE PLEASE. O H P STAFF'S RECOMMENDATION TO THE BOARD OF ADJUSTMENT, OFFICE OF HISTORIC PRESERVATION STAFF DOES NOT RECOMMEND APPROVAL OF THE APPEAL. STAFF RECOMMENDS THAT THE ORIGINALLY APPROVED WINDOWS BE INSTALLED, WHICH FEATURE APPROPRIATE DIMENSIONS, BLOCK FRAMES, SASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES AND DIMENSIONS. THIS INCLUDES THE SLIDES FROM O H P STAFF. I CAN TAKE ANY QUESTIONS FROM THE BOARD OF ADJUSTMENT AT THIS TIME. SO CATHERINE, IS THE APPLICANT HERE, UH, OR SHOULD WE, UH, YOU RECOMMEND US HAVING QUESTIONS FIRST BECAUSE THAT WAS A, THAT'S A LOT OF INFORMATION WE CAN HEAR FROM THE APPLICANT FIRST AND THEN COME BACK TO THE QUESTIONS AT THAT TIME. GREAT. UH, SO THE APPLICANT PLEASE, UH, PRESENT YOUR CASE. MS. RAMIREZ. HI. GOOD. GO AHEAD. STATE YOUR NAME AND YOUR ADDRESS FOR RECORD, SIR, AND YOU CAN START YOUR PRESENTATION. GOOD AFTERNOON BOARD. THIS IS ALDO RAMIREZ, UH, THE BUILDER AT 4 1 5 WILLOW STREET, AN APPLICANT FOR THIS REQUEST ON BEHALF OF MY CLIENT AT THE HOMEOWNER. AS , WE'RE REQUESTING FOR YOUR CONSIDERATION THAT WE BE GRANTED TO RETAIN OUR CURRENT WINDOWS. AND IF YOU CAN PLEASE PULL UP THE POWER PRESENTATION THAT WE PROVIDED. SIR, YOU'RE, YOU'RE, IF YOU'RE WATCHING ONLINE, THERE'S [00:45:01] GONNA BE A DELAY, SO JUST LET US KNOW WHAT SLIDE AND WE'LL HAVE IT ON. OKAY. I GUESS WE CAN, IT'S ALREADY OUR PARTY. GO AHEAD. SEND PRESENTATION THERE. IF YOU GUYS CAN START FROM SLIDE FOUR ON DOWN, YOU'LL SEE VARIOUS EXAMPLES OF MULTIPLE HOMES HAVING VINAL AND ALUMINUM WINDOWS. THESE ARE ALL IN THE DIG WITTY AREA, AND WITHIN TWO BLOCKS OF MY CLIENT'S PROPERTY, YOU GO FROM FOUR DOWN. AND THEN IF YOU GO TO PAGE 11, ALL THOSE ADDRESSES IN PARENTHESES WITH THE WINDOW MATERIAL. AND THEN WE HAVE A SMALL CHART THAT SHOWS WILLOW AND 8 2 0 HAYES MANUFACTURER, WHITE EO WINDOWS NON-USED AS WELL. AND I WOULD LIKE TO NOTE THAT THIS IS MY CLIENT'S HOMESTEAD, SO THIS IS WHERE HE IS GONNA LIVE AND THE LACK OF, THE LACK OF HOME AT THE MOMENT HAS HIM IN A VERY HUGE PREDICAMENT. THAT'S WHY WE'RE TRYING TO GET THIS RESOLVED. THANK YOU VERY MUCH. UH, ARE THERE ANY COMMISSIONER QUESTIONS? MANNA, UH, MANNA YOU RECOMMEND? SO, UH, I WAS, YOU KNOW, TRYING TO KEEP UP WITH THE FINDINGS THAT THE CITY HAD, AND IT SOUNDED LIKE IN A, A PRODUCT WAS SUBMITTED BY THE BUILDER, UM, AND, AND WAS APPROVED, AND THEN SUBSEQUENTLY ANOTHER SOLUTION WAS INSTALLED, AND THAT'S WHAT WE'RE HAVING THE CHALLENGES WITH. UM, SO CAN THE BUILDER CONFIRM THAT, PLEASE? YES, COMMISSIONER, UNFORTUNATELY, I, I'M SORRY, TORU, THIS IS A LOT ON THE, THE PROPERTY OWNER AT THIS LOCATION. YES, YOU ARE CORRECT, COMMISSIONER. UH, THAT DID HAPPEN AT AROUND THE APRIL TIMEFRAME, AND UNFORTUNATELY AT THAT TIME, COVID WAS AT ITS FULL EFFECT AND, UH, YOU KNOW, THE, UH, H C R C FOR THE MONTH OF APRIL WAS, WAS CANCELED. AND THIS WAS UNFORTUNATELY IN MY CRITICAL PATH. SO I, I JUST, I DON'T HAVE THE MONEY TO, YOU KNOW, PUT MY PROJECT ON PAUSE FOR ONE OR TWO MONTHS. UH, WHILE THIS WAS RESOLVED, UH, YOU KNOW, I, I WISH I DID. AND, AND AFTER HEARING MR. HALL'S CASE, I, I COMPLETELY AGREE WITH HIM. I, I WISH I HAD THE FUNDS TO DO EXACTLY WHAT HE WANTS, BUT GIVEN THE CIRCUMSTANCE AND GIVEN THE 27 EXAMPLES THAT ARE UP ON THE BOARD NOW, UH, I THINK THAT, UH, YOU KNOW, THE, THE H D R T IS BEING INCONSISTENT THROUGHOUT THE, THE, THE DISTRICT, UH, AGAIN, I REPEAT THESE ARE EXAMPLES WITHIN A TWO BLOCK RADIUS. UH, AND I'M SURE THAT IF I WENT A LITTLE FURTHER OUT, I COULD PROBABLY MULTIPLY THIS LIST BY THREE OR FOUR TIMES. UH, AND THAT'S, THAT'S ALL I HAVE FOR YOU COMMISSIONERS, AND I APPRECIATE YOUR TIME TODAY. THANK YOU. WELL, DID I UNDERSTAND CORRECTLY THAT A PRESENTATION WAS PROVIDED TO THE H D R C, FROM THE OWNER OR THE BUILDER THAT SAID, THIS IS A PRODUCT WE'RE GOING TO INSTALL, AND THEN A DIFFERENT PRODUCT WAS INSTALLED? UH, YES, COMMISSIONER. THAT'S CORRECT. UH, WHEN WE FIRST RECEIVED A QUOTE FOR THE PRODUCT THAT, UH, THE H C R C WANTED US TO INSTALL, UH, IT, IT DIFFERED FROM THE ACTUAL QUOTE THAT I GOT AFTERWARDS, AND THAT'S KIND OF WHEN WE NEEDED TO, UH, MAKE THOSE CHANGES. AND THAT'S WHEN THE H C R C WAS CANCELED IN, IN, UH, APRIL. AND, AND THE WAY I APPROACHED IT WAS I HAD TO DO MY DUE DILIGENCE AND MY DUE DILIGENCE WAS TO SEE WHAT HAD BEEN DONE FOR PREVIOUSLY APPROVED HOUSES AND, UH, YOU KNOW, WITHIN WALKING DISTANCE. UH, THAT'S, THAT'S REALLY WHAT I FOUND AND I JUST HAD TO, UH, UH, MOVE FORWARD WITH, UH, WITH, WITH MY PROJECT. OKAY. SO I DON'T KNOW THE TIMING OF THE OTHER HOMES THAT YOU LOOKED AT AS FAR AS WHEN THE INSTALLATIONS WERE DONE ON THOSE AS WELL AS WHEN IT IS THAT THIS WAS ESTABLISHED HISTORICAL DISTRICT. SO THAT, THAT IS A LITTLE CHALLENGING FOR ME. THEY'RE ALL IN THE LAST, THEY'RE, THEY'RE ALL WITHIN THE LAST COUPLE OF MONTHS. SOME OF THESE, UH, HAVE, UH, NOT EVEN BEEN FINISHED AND THEY'VE ALREADY BEEN APPROVED. SO I INTENTIONALLY CHOSE RECENTLY COMPLETED PROJECTS. SO THESE AREN'T 10, 15 YEAR OLD PROJECTS. THESE ARE WITHIN THE LAST ONE TO SIX MONTHS. SO IT'D BE THE SAME STAFF THAT WAS ON BOARD ON H D R C. AND YOUR STATEMENT IS THAT THESE WERE APPROVED BY THE H D R C, THE OTHER HOMES? YES, SIR. I HAVE THE CERTIFICATE OF APPROPRIATENESS ON FILE AS WELL FOR ALL THE OTHER HOMES. YES, SIR. SO CITY, UM, YOU KNOW, IS THAT, CAN YOU CONFIRM THAT POSITION? YOU KNOW, SO ARE THESE OTHER HOMES RECENTLY APPROVED, AND IS THERE A CONFLICT HERE? THIS IS EDWARD HALL FROM THE OFFICE OF HISTORIC PRESERVATION. UM, IT'S DIFFICULT FOR ME TO SEE EACH EXAMPLE ON THE SCREEN, HOWEVER, UH, THE APPLICANT PREVIOUSLY SUBMITTED THIS LIST TO O H P STAFF, I BELIEVE IN APRIL OR MAY, AT WHICH TIME STAFF CHECK THE EXAMPLES THAT ARE LISTED HERE, RECEIVED A CERTIFICATE OF APPROPRIATENESS FROM THE HISTORIC AND DESIGN REVIS RE REVIEW COMMISSION, BECAUSE THEY SPECIFICALLY REQUESTED THESE WINDOWS. THE WINDOWS THAT ARE INSTALLED AT FOUR 15 WILLOW WERE INSTALLED WITHOUT A CERTIFICATE OF APPROPRIATENESS. THE HISTORIC AND DESIGN REVIEW COMMISSION APPROVED A WINDOW, AS YOU CAN SEE FROM THE FINDINGS. [00:50:01] AND, UH, ZEKE, IF YOU DON'T MIND, UH, PULLING THAT SLIDE UP. UH, FOR ME, IT'S ACTUALLY THE, UM, THE CASE HISTORY SLIDE. SO ON MARCH THE FOURTH, 2020, THE APPLICANT SUBMITTED A WINDOW TO STAFF THAT MET THE SPECIFICATIONS OF WHAT THE COMMISSION APPROVED, AND LESS THAN A MONTH LATER, A NON-APPROVED WINDOW WAS INSTALLED IN DISREGARD OF THE ISSUE. CERTIFICATE OF APPROPRIATENESS. MR. MR. HALL, IF I MAY INTERRUPT THAT, I THINK THE QUESTION WAS IF THESE OTHER PROPERTIES HAD RECEIVED THE, THE CERTIFICATE OF APPROPRIATENESS, THE CERTIFICATE OF APPROPRIATENESS WAS ISSUED BY THE HISTORIC AND DESIGN REVIEW COMMISSION FOR THE WINDOWS INSTALLED IN THE OTHER PROPERTIES. OKAY. UM, ARE THERE ANY MORE QUESTIONS? MAYBE ONE MORE QUESTION HERE, JUST AS A FOLLOW UP FOR THE CITY. SURE THING. AND SO AS FAR AS, UM, WHAT IT IS THAT, UH, THE, UH, BUILDER HERE IS, HAS INSTALLED, IS IT SIMILAR TO WHAT IT IS THAT THE HISTORIC DISTRICT HAS PREVIOUSLY, UM, GRANTED FOR OTHER PROPERTIES IN THIS AREA? EDWARD HALL, AGAIN, FROM THE OFFICE OF HISTORIC PRESERVATION, NO. SO IF YOU GO, ZEKE, IF YOU CAN GO TO THE FINDINGS PAGE FROM STAFF FINDING C STAFF RECOMMEND STAFF'S RECOMMENDATION THROUGHOUT THE REVIEW PROCESS INCLUDED HEARINGS IN 2017 AND 18 HAS INCLUDED THE INSTALLATION OF WOOD OR ALUMINUM CLOUD WOOD WINDOWS, WHICH MEET THE STANDARD SPECIFICATIONS REGARDING APPROPRIATE DIMENSIONS, BLOCK BRAIN SASH PROFILES, AND BOTTOM TOP AND MEETING RAIL PROFILES. ZEKE, IF YOU COULD GO BACK UP TO THE APPLICABLE, THE SECOND APPLICABLE CITATIONS PAGE. SO THE FIRST BULLET POINT IN GENERAL, WINDOWS USED IN NEW CONSTRUCTION SHOULD BE SIMILAR IN APPEARANCE TO THOSE COMMONLY FOUND WITHIN THE DISTRICT IN TERMS OF SIZE, PROFILE AND CONFIGURATION. WHILE NO MATERIAL IS EXPRESSLY PROHIBITED BY THE HISTORIC DESIGN GUIDELINES, A HIGH QUALITY WOOD OR ALUMINUM CLA WINDOW PROFILE OFTEN MEETS THE GUIDELINES WITH THE STIPULATIONS NOTED BELOW. UM, THE ISSUE WITH THE WINDOWS INSTALLED IS IN REGARDS TO THE SIZE S INSTALLATION DEPTH WINDOW TRIM. ZEKE, IF YOU CAN GO TO THE PHOTO, THE PAGE THAT SHOWS THE PHOTOS OF THE INSTALLED WINDOWS. IF THE BOARD COULD DIRECT THEIR ATTENTION TO THE PHOTO ON THE RIGHT HAND SIDE, DATED MARCH THE 26TH, 2020, THESE WINDOWS THAT ARE INSTALLED HERE DO NOT MEET THE STANDARD SPECIFICATIONS FOR WINDOWS IN REGARDS TO THEIR DIMENSIONS. THEY DON'T FEATURE A BLOCK FRAME WHICH PROHIBITS THEM FROM BEING INSTALLED IN AN APPROPRIATE MANNER THAT WILL FEATURE AN APPROPRIATE INSTALLATION DEPTH. THESE WINDOWS DON'T FEATURE MEETING RAILS. THEY DON'T FEATURE APPROPRIATE TOP AND BOTTOM RAIL DIMENSIONS. THEY DON'T FEATURE A TRADITIONAL SEAL, WHICH IS A REQUIREMENT OF THE STANDARD SPECIFICATIONS. OKAY. I APOLOGIZE. ONE MORE QUESTION HERE, AND I'M SORRY TO, UH, TO HOG THE CONVERSATION HERE, BUT SO, SO WHAT WAS STATED PREVIOUSLY WAS THAT THERE ARE OTHER HOMES IN THIS COMMUNITY THAT DID DO THEIR PRESENTATIONS AND PRESENTED A VERSION OF THE PRODUCT TO YOU WHAT THEY WANTED TO INSTALL, AND IT WAS APPROVED. IF THIS BUILDER HAD, HAD COME THROUGH WITH THE SECOND WINDOW HERE AND PRESENTED IT, WOULD, WOULD THIS ONE HAVE BEEN APPROVED? AND AFTERWARD I CAN'T, I CANNOT SPEAK, I CANNOT SPEAK FROM THE COMMISSION STANDPOINT. HOWEVER, O H P STAFF WOULD'VE FORMED A RECOMMENDATION THAT ESSENTIALLY WOULD'VE DIRECTED THE APPLICANT TO INSTALL A WINDOW THAT MET THOSE SPECIFICATIONS. SO IF I COULD ANSWER YOUR QUESTION IN TWO PARTS, I'LL TRY THE, TO FIRST ANSWER YOUR QUESTION. IF THE APPLICANT WOULD'VE COME BACK TO THE COMMISSION WITH AN ALTERNATIVE WINDOW, IN MANY CASES, THE COMMISSION HAS WORKED WITH APPLICANTS TO FIND A WINDOW, UH, THAT MAY BE AT A REDUCED PRICE. HOWEVER, THAT WINDOW MAY FEATURE APPROPRIATE DIMENSIONS. THAT WINDOW MAY HAVE A BLOCKED FRAME, THAT WINDOW MAY HAVE SASH PROFILES TOP BOTTOM AND MEETING RAILS. IT MAY BE ABLE TO BE INSTALLED IN A MANNER THAT'S APPROPRIATE. UM, IN REGARDS TO STAFF SPECIFICATIONS, STAFF CONSISTENTLY RECOMMENDS THAT A WINDOW BE INSTALLED REGARDLESS OF THE MATERIAL THAT OUR SPECIFICATIONS DO NOT PROHIBIT A SPECIFIC MATERIAL. BUT OUR SPECIFICATIONS WILL FOCUS ON THE SIZE OF THE WINDOW MEETING RAILS, THE INSTALLATION DEPTH, AND THE TRIM, GLAZING AND COLOR. THANK YOU. OKAY. UM, I, I, I WANNA CHIME IN HERE REAL QUICK, UH, BEFORE WE MOVE ON, BECAUSE THIS WAS A, THAT I UNDERSTAND WHAT COMMISSIONER MANO WAS, WAS ASKING, AND I WANNA MAKE SURE THAT WE GOT A CLEAR ANSWER ON THIS. UH, THE APPLICANT AND, AND THIS IS JUST A SIMPLE YES OR NO, THE APPLICANT APPLIED FOR SOMETHING, YOU APPROVED IT, THEY PUT SOMETHING DIFFERENT THAT [00:55:01] WAS NOT APPROVED. THE 27 WINDOWS THAT HE'S PROVIDING, DOES HIS WINDOW MATCH GENERALLY CONFORM WITH THE OTHER 27 THAT THAT WAS GIVEN A CERTIFICATE APPROPRIATENESS THAT, THAT'S REALLY WHAT I THINK THE PREMISE OF YOUR QUESTION, COMMISSIONER MANNA WAS IS THAT IF, HAVE YOU APPROVED A WINDOW THAT HE HAS INSTALLED IT, THAT HE DID INSTALL PREVIOUSLY WITHIN TWO BLOCKS OF HIS HOUSE? NO, ONCE AGAIN, I'LL NOTE THAT THE, THE COMMISSION HAS CONSISTENTLY APPROVED WINDOWS THAT MEET MEETS TO HAVE STANDARD SPECIFICATIONS. OKAY. SO THE WINDOW, THE 27 THE APPLICANT HAS INSTALLED, I, I JUST WANT TO, I I JUST WANTED TO MAKE SURE WE GOT A CLEAR ANSWER ON THAT, THAT OF THE 27 ADDRESSES THAT THE APPLICANT WAS PROVIDING, NONE OF THESE, UH, ARE ARE WINDOWS THAT ARE SIMILAR TO WHAT HE DID INSTALL. I OUT OF THE 27 ADDRESSES THAT THE APPLICANT HAS PROVIDED, I MEAN, I DON'T HAVE EXAMPLES OF ALL THOSE IN FRONT OF ME, UH, BUT I WILL NOTE THAT THE COMMISSION HAS BEEN CONSISTENT IN THEIR APPROVALS FOR WINDOWS AND THE WINDOWS THAT THE COMMISSION HAS APPROVED HAVE MET STAFF STANDARD SPECIFICATIONS. OKAY. THANK YOU. AND, UH, COMMISSIONER QUESTIONS BACK ON WHO'S NEXT? NO, THAT WAS THE SAME QUESTION I HAD. THANK YOU, DONALD. I'M SORRY, I, I JUST, BEFORE WE MOVED ON, I WANTED TO MAKE SURE I WAS HEARING THE ANSWER HE WAS LOOKING FOR. UH, IS THERE ANY OTHER COMMISSIONERS THAT WOULD LIKE TO ASK A QUESTION? TRIVI? YEAH, I'D LIKE TREVINO YOU RECOGNIZED AND LOVE MM-HMM. ? UM, YES. SO I'M LOOKING THE EXAMPLES THAT THE APPLICANT HAS GIVEN US OF BEING VINYL AND ALUMINUM AND, UH, UH, MR. HALL IS STATING THAT IT'S NOT NECESSARILY HAVE ANYTHING TO DO WITH THE TYPE OF MATERIAL, IT HAS TO DO WITH THE SIZE, THE SASH, THE DEPTH OF TRIM. SO IS THAT WHAT IS IN QUESTION RIGHT NOW? IS IT THOSE THINGS THAT THE, UM, H D R C IS, IT IS NOT APPROVING, IT'S NOT NECESSARILY THE VINYL OR COMMISSIONERS, IF, IF I MAY, THIS IS A LOT OF THOSE, THE PROPERTY OWNER, I DO, UH, MR. MR HALT DOES NOT KNOW OFF THE TOP OF HIS HEAD IF THESE ARE THE SAME AS THE ONES THAT ARE INSTALLED. AND I COULD TELL YOU I HAVE DONE MY DUE DILIGENCE AND THEY ARE, AND IN SOME CASES THEY ARE VINYL WINDOW, WHICH IS EVEN THE WORSE WINDOW THAN, UH, AN ALUMINUM WHEN IT COMES TO HISTORIC, UH, STANDARDS, I GUESS, IF YOU WANT TO CALL IT THE SIZE OF MY WINDOWS HAVE NOT CHANGED SINCE DAY ONE. THE ONLY THING THAT HAS CHANGED IS THE MATERIAL. UH, THESE ARE THE SAME SIZES AS THEY WERE IN MY PLANS. UH, THE SECOND TIME WE WENT UP TO H D R C, THE FENESTRATION WAS APPROVED. UH, I KNOW MR. HALL SAID IT WAS NOT, BUT, UH, I, I DIFFER. UH, SO, SO THESE 27 THAT ARE UP ON THE BOARD NOW ARE NO DIFFERENT THAN THE ONES THAT ARE INSTALLED IN MINE, WHETHER BLOCK OR NO BLOCK METHOD OF INSTALLATION, UH, ET CETERA. UH, IF ANYTHING, THESE VINYL WINDOWS ARE LESS HISTORIC THAN THE ONES THAT ARE INSTALLED IN MINE BECAUSE THE, WHAT IS BEING PROPOSED ON MINE IS AN ALUMINUM CLAD, WHICH IS ESSENTIALLY A WOOD WINDOW FROM THE INSIDE AND AN ALUMINUM WINDOW FROM THE OUTSIDE. I AT LEAST MATCH THE ALUMINUM ON THE OUTSIDE. UH, SOME OF THESE PROPERTIES HAVE VINYL, AND I HAVE LITERALLY IN FRONT OF ME THE CERTIFICATE OF APPROPRIATENESS FOR SOME OF THESE THAT ARE ON 27TH THROUGH AN OPEN RECORDS REQUEST, WHICH WAS PULLED, UH, UH, APPROXIMATELY ONE MONTH AGO. OKAY, THANK YOU. MARTINEZ IS O H B STAFF ALLOWED A REBUTTAL. HOLD ON. YOU'LL, YOU'LL, WE'LL GET A CHANCE FOR THAT, BUT I, I, COMMISSIONER LOVE, CAN YOU PLEASE SET YOUR QUESTION AND A LINE WITH THIS WOULD BE A GREAT TIME FOR STAFF TO BE, BUT BOTH THOSE, YEAH. CAN Y'ALL PUT THE PICTURES UP OF ONE OF THOSE 27? I MEAN, I WANNA SEE THAT THESE WINDOWS, THESE OTHER 27 ADDRESSES ARE CONS, YOU KNOW, LOOK LIKE, UM, WHAT THAT APPLICANT HAS PUT UP. SO CAN WE, DO WE, DO WE HAVE ANY OF THOSE IN YOUR PRESENTATION? THIS QUESTION FOR THE APPLICANT? YES, SIR. IF YOU, UH, SCROLL UP, UH, UH, ANY OF THE PREVIOUS SLIDES, SHOW SOME OF 'EM, UH, YOU KNOW, I HAVE A DIFFERENT PRESENTATION THAT I DID GIVE THE H P R T, WHICH HAS MANY MORE, BUT YOU KNOW, FOR, FOR EVERY RESPECT OUT OF EVERYBODY'S TIME, I JUST DECIDED TO ADD A COUPLE IN HERE. SO IF YOU SCROLL UP A COUPLE OF SLIDES, YOU'LL SEE A COUPLE OF BUNDLES AND, UH, UH, THAT, THAT HAVE BEEN APPROVED HERE RECENTLY. OKAY. SO THIS GOES BACK TO O H P STAFF. UH, THERE'S BEEN TWO REMARKS REGARDING WHETHER OR NOT THESE EXISTING WINDOWS THAT HE HAS REFERENCED, AT LEAST A FEW OF THEM, UH, ARE SIMILAR TO WHAT THE APPLICANT HAS INSTALLED. IF WE HAVE SOME PICTURES UP, CAN YOU, YOUR COMMENTARY AND RESPONSE GET THAT COMMISSIONER? LEVI, WERE YOU DONE? I APOLOGIZE. YEAH, YEAH, I'M GOOD. I'M GOOD FOR RIGHT NOW. OKAY. SO, SO FOR STAFF, IF YOU COULD PLEASE REBUT THOSE TWO REMARKS, UH, THAT'D BE WONDERFUL. YES, SIR. THANK YOU. UH, SO ONCE AGAIN, I WANT TO CLARIFY THAT THE SPECIFICATIONS, THE STANDARD SPECIFICATIONS FOR WINDOWS AND CONSTRUCTION [01:00:01] DO NOT PROHIBIT A SPECIFIC MATERIAL. THEY DO NOT PROHIBIT A SPECIFIC MATERIAL. THERE COULD BE AN ALUMINUM WINDOW OR A VINYL WINDOW THAT MEETS THOSE SPECIFICATIONS. SO ONCE AGAIN, ONCE AGAIN, THE, ONCE AGAIN, THE GUIDELINES DO NOT PROHIBIT A SPECIFIC MATERIAL. OKAY. IN REGARDS TO THE, I'M I'M SORRY, GO AHEAD. I'M SORRY. WELL, I MEAN, I JUST, THE, THE, THE PREMISE OF THE QUESTION BEING ASKED IS THAT WE'RE, WE'RE TRYING TO ASCERTAIN IF ONE OF THESE 27 ADDRESSES, UM, HAS IN FACT A WINDOW THAT IS NO MATTER WHAT THE APPLICANT PUT, UH, I KNOW THAT THE SPECIFICS OF REVIEW IS NOT SOMETHING THAT YOU CAN DO DURING THIS, THIS MEETING, BUT, YOU KNOW, WE'RE LOOKING FOR ONE OR TWO ADDRESSES. UM, THERE WAS SOME PICTURES THAT WERE PROVIDED BY THE APPLICANT IF WE'RE LOOKING FOR COMMENTARY SPECIFICALLY ON WHAT PICTURES THAT WE HAVE AND IF, IF THOSE ADDRESSES HAVE A WINDOW THAT MATCHES SIMILARLY TO WHAT THE APPLICANT PUT IN, THAT'S WHAT, THAT'S WHAT WE'RE LOOKING FOR. IF, IF I MAY BOARD, THIS IS BUILDER. IF YOU GUYS GO TO OUR PRESENTATION ON SLIDE 14. DATA HOME HAS THE EXACT SAME ALUMINUM WINDOWS THAT WE INSTALLED FOR SLIDE NUMBER 14, ADDRESS, ADDRESS 7 25 AND 7 29 HAYES, WHICH IS LITERALLY 10 SECONDS WALKING DISTANCE FROM MY CUSTOMER'S HOME. OKAY. SO WE'RE LOOKING AT A PICTURE OF 7 25, 7 29 HAYES PROVIDED BY THE APPLICANT O H P STAFF, COULD, IS THERE ANY COMMENTARY YOU'D LIKE TO ADD TO THAT? I JUST BEAR WITH ME. FINISH, FINISH, IF I MAY FINISH. SORRY. I AM ALSO A REALTOR. SO WE, WE VIEWED THE HOME INSIDE AND WE CONFIRMED, YOU CAN EVEN GO TO SLIDE NUMBER NINE AND YOU'LL SEE THAT I TOOK A PICTURE OF THE INSIDE, WHICH YOU CAN CLEARLY SEE IS EX, THERE'S EXACTLY THE WINDOW THAT MR. HALL IS SAYING THAT, THAT, YOU KNOW, THEY DO NOT APPROVE AND THAT'S THERE. SO I'M NOT SURE HOW TO, OKAY, WELL LET'S LET MR. HALL, UH, SPEAK UP PLEASE. OKAY. YES, THANK YOU. UH, SO I NOW SEE THE PHOTO OF 7 25 AND 7 29 HAYES. UM, IF THE BOARD COULD DIRECT THEIR ATTENTION TO THE WINDOWS, THE GANG WINDOWS THAT ARE COUPLED ON THE FRONT ELEVATION, AS WELL AS THE SINGLE WINDOW THAT'S TO THE RIGHT ON THE SECOND FLOOR, AS WELL AS THE WINDOW THAT'S BENEATH THE PORCH. YOU'LL NOTICE THAT EACH OF THESE WINDOWS HAS A MEETING RAIL THAT SEPARATES THE TOP SASH FROM, OR BASICALLY TWO SASHES, A TOP SASH AND A BOTTOM SASH. UH, ZEKE, IF YOU'RE ABLE, IF YOU COULD GO TO THE, UH, THE SLIDE N O H P STAFF'S PRESENTATION, YOU'LL SEE THAT THE TWO WINDOWS ON THE RIGHT HAND SIDE HERE DO NOT FEATURE TOP AND BOTTOM SASHES. THIS IS A FIXED WINDOW, WHICH IS NOT RECOMMENDED IN STAFF STANDARD SPECIFICATIONS FOR NEW WINDOWS AND NEW CONSTRUCTION. COULD, COULD WE GO TO SLIDE SEVEN? SO IN, IN RESPONSE, MR. HALL, MR. HALL, CAN YOU EXPLAIN, I'M SORRY, SLIDE SEVEN PLEASE. SO AS YOU CAN SEE BOTH THE TOP TWO WINDOWS THAT ARE SHOWN HERE IN THE NEW CONSTRUCTION AS WELL AS THE BOTTOM TWO THAT ARE UNDER THE GABLE. UM, IN THE APPLICANT'S PHOTO, THESE DO NOT FEATURE TOP AND BOTTOM SASHES. TOP AND BOTTOM SASHES ARE A REQUIREMENT OF THE STANDARD SPECIFICATIONS FOR WINDOWS IN NEW CONSTRUCTION. SO IN REGARDS TO WHETHER OR NOT THE WINDOW THAT'S INSTALLED, IF THAT MATCHES THE WINDOWS THAT WERE INSTALLED AT THE TWO ADDRESSES PREVIOUSLY REFERENCED BY THE APPLICANT, THE WINDOW MAY BE CONSISTENT IN MATERIAL STAFF STANDARD SPECIFICATIONS DO NOT PROHIBIT A SPECIFIC MATERIAL. HOWEVER, STAFF STANDARD SPECIFICATIONS DO REQUIRE THAT WINDOWS FEATURE TOP AND BOTTOM SASHES OF SPECIFIC DIMENSIONS AS WELL AS MEETING RAILS OF SPECIFIC DIMENSIONS, WHICH THE INSTALLED WINDOWS DO NOT FEATURE VINNO. SO REC SO RECOGNIZED, UM, THIS IS A QUESTION FOR MR. HALL. CAN YOU SPEAK TO THE APPLICANT'S, UH, STATEMENT THAT HE SAID THAT, UM, THE SIZE AND DIMENSIONS HASN'T CHANGED FROM THE MOMENT THAT HE PUT AN APPLICATION AND RECEIVED HIS CERTIFICATE OF APPROPRIATENESS FROM YOU GUYS? CORRECT. SO THIS IS A TWO PART ANSWER. THE APPLICANT, UH, VARIED FROM THE FENESTRATION PATTERN THAT WAS ORIGINALLY APPROVED BY THE HISTORIC AND DESIGN REVIEW COMMISSION. THE APPLICANT SUBMITTED AN APPLICATION, UM, THAT IF YOU GO TO THE CASE HISTORY SLIDE, ZEKE, TO AMEND THE PREVIOUSLY ISSUED CERTIFICATE OF APPROPRIATENESS. SO THE HISTORIC AND DESIGN REVIEW COMMISSION APPROVED THE FIRST MODIFICATION THAT THE APPLICANT REQUESTED. THE APPLICANT REQUESTED A SECOND MODIFICATION TO ESSENTIALLY ADHERE TO NOT FEATURING THREE WINDOWS ON THE TOP FACADE, WHICH WAS PREVIOUSLY APPROVED BY THE COMMISSION. THIS SUBSEQUENT REQUEST [01:05:01] WAS THE SUBSEQUENT REQUEST WAS DENIED AS WELL AS THEN THE DENIAL OF THE INSTALLED WINDOWS. UH, ONCE AGAIN, THE, THE WINDOWS THAT THE APPLICANT PROPOSED TO INSTALL WERE NOT CONSISTENT WITH THE GUIDELINES AND THE STANDARD SPECIFICATIONS FOR WINDOWS AND NEW CONSTRUCTION. OKAY. IS THERE ANY OTHER QUESTIONS? MINKA LOVE, UH, MENCHACA IS RECOGNIZED. UH, IS THERE AN ISSUE HERE REGARDING E OR I I DIDN'T HEAR THAT, SIR. WAS THERE AN ISSUE HERE REGARDING AN INGRESS? WHETHER THE WINDOW PIPE AS OPPOSED TO THE TILE OF THE WINDOW HAVING A A LOWER INGRESS ISSUE HERE? SIR, THIS IS ZEKE. DID YOU SAY, IS THERE ANYTHING PERTAINING TO THE INGRESS AND INGRESS, UH, DUE TO THE WINDOW? THAT'S CORRECT. ANYBODY? UH, WHAT I'M CONCERNED ABOUT IS THERE AN TO BE A FIRE TO BE OUT QUICKLY VERSUS JUST THE STYLE? SO FOR STAFF, DOES THE WINDOW FULLY OPEN AND, AND, AND MEET ANY REQUIREMENT FOR THE RESIDENTIAL CODE FOR THE ABILITY TO SOMEONE TO EGRESS DURING AN EMERGENCY SITUATION LIKE A FIRE? THIS IS EDWARD HALL FROM THE OFFICE OF HISTORIC PRESERVATION. UM, I CANNOT SPEAK TO, UH, BUILDING CODE OR LIFE SAFETY, HOWEVER, I WILL NOTE THAT THE WINDOWS THAT ARE LOCATED ARE INSTALLED IN THE HOUSE DO NOT FEATURE OPERABLE SASHES. UH, SO TO ANSWER PART OF THE QUESTION, THEY DO NOT OPEN. HOWEVER, I, I CANNOT SPEAK TO IF THAT'S A REQUIREMENT, UH, BY, UH, FIRE CODE OR LIFE SAFETY CODE. OKAY, THANK YOU STAFF. DID THIS, UH, APPLICANT RECEIVE A BUILDING PERMIT ASIDE FROM THE, UH, CERTIFICATE APPROPRIATENESS THAT I WILL HAVE TO CHECK ON, SIR? UM, LEMME CHECK ON THAT REAL QUICK. GIMME A MINUTE. OKAY. ARE THERE ANY MORE QUESTIONS WHILE WE'RE WAITING FOR STAFF TO CHECK ON THE, UH, COMMISSIONER LOVE. GO. SO, UH, COMMISSIONER, LOVE, I, I CAN'T HEAR, HEAR, HEAR WHAT YOU'RE SAYING. HOW ABOUT NOW? CAN YOU HEAR NOW IS THIS NEW CONSTRUCTION, LIKE GROUND UP NEW CONSTRUCTION, LIKE TOTAL NEW HOUSE? YES, THIS IS NEW CONSTRUCTION. OKAY. UH, ANY OTHER QUESTIONS? NO. MR. LOVE? NO, I'M DONE. OKAY. UH, ANY OTHER, UH, CAN YOU HEAR ME? YES, WE CAN CHAIR. HELLO? YES, CHAIR. MARTIN. HOW ARE YOU? BREAKING UP THE TOP ROOMS UP WITH THE FRONT WINDOWS. IS THAT THOSE BEDROOMS? THAT'S FOR THE APPLICANT. CAN YOU HEAR ME NOW? YES. YES. ARE THE FRONT TWO WINDOWS THE TOP FLOOR LOOK DIFFERENT CHAIR? COULD YOU HEAR THAT? WE, IT WAS BROKEN UP ON I, I I HEARD WHAT? YEAH, CHAIR IF YOU COULD MUTE. I HEARD YOUR QUESTION. I'LL, I'LL PASS IT ALONG. IS UH, TO, SO TO THE APPLICANT ARE THOSE BEDROOM WINDOWS? OH, THE, THE APPLICANT? YEAH. OH, HOLD ON A SECOND. WE'RE ON MUTING. OKAY. UH, BUT THAT QUESTION WAS FOR THE APPLICANT. APPLICANT. WOULD YOU, UH, ANSWER AGAIN BECAUSE WE HAD MUTED? SURE. ARA MUTE IS THE BUILDER, THE BEDROOM. THE TWO WINDOWS ON THE LEFT SIDE OF THE FACADE ARE BEDROOM WINDOWS. AND THE TWO WINDOWS ON THE RIGHT SIDE ARE THE LIVING ROOM. AND I'D LIKE TO ADD THAT I PASSED MY FRAMING, INSPECTION AND LIFE AND FIRE SAFETY INSPECTION AS WELL. AND MY THIRD PARTY ENGINEERING INSPECTION WITH MY ENGINEER DESIGNER AND YOU CAN NOTE THAT AS WELL, PLEASE. SO AS FAR AS SAFETY GOES, THERE'S NO SAFETY ISSUE IN ACCORDANCE TO CODE. THANK YOU. UH, COMMISSIONER MIN CHAKA, DID THAT ANSWER YOUR QUESTION? YES. THANK YOU. THAT'S WHAT I WAS LOOKING FOR. FANTASTIC. ARE THERE ANY MORE, MORE QUESTIONS, [01:10:02] C COMMISSIONERS? IF I, IF I MAY, THIS IS THE, UH, THIS IS THE PROPERTY OWNER AT ARDAL. UH, UH, IF, IF I MAY GO BACK JUST A BIT FROM, FROM MR. . HOLD ON, SIR. WE HAVE A, WE, WE, WE ASK QUESTIONS AND THEN WE LOOK FOR, YOU HAVE A CHANCE TO REBUT PRIOR FOR US TAKING A VOTE. ARE THERE ANY MORE COMMISSIONER QUESTIONS? SHALL YES. UH, COMMISSIONER SHELL. UM, I WANTED TO CLARIFY. UH, UM, APPLICANT, ARE THE WINDOWS ON THE SECOND FLOOR A BEDROOM WINDOW, BEDROOM WINDOWS? UH, IT'S WHAT YOU CALL, IT'S WHAT YOU CALL A, A ONE FLOOR AND A HALF. SO IT'S, UM, THAT, THAT PART IN THE FRONT IS JUST ONE SINGLE, ONE SINGLE HEIGHT. SO THAT IS NOT, THERE'S NOT A TWO STORY HOUSE. IT'S, IT IS, UH, THERE'S ONLY A, A BEDROOM SUITE IN THE BACK. SO THE TWO WINDOWS IN THE FRONT ARE NOT A BEDROOM ON THE TOP EITHER. BOARD MEMBER? NO. OKAY. THANK YOU. IS THERE A BED? I'M SORRY, CONTINUE. I'M SORRY. UM, IS THERE A BEDROOM ON THE REAR HALF STORY? YES. AND THOSE WINDOWS DO OPEN. OKAY, THANK YOU. ALRIGHT, ARE THERE ANY MORE QUESTIONS? NO. ALL RIGHT. HEARING NONE, UH, I'D LIKE TO GIVE THE APPLICANT, UH, A TIME TO REBUT. AND BEFORE WE DO, UH, CATHERINE, DO WE USUALLY GIVE STAFF A TIME, UH, AN OPPORTUNITY TO REBUT, UH, PRIOR OR, OR NOT, UH, REGARDING THE APPLICANT'S NEXT STATEMENT? IF WE TYPICALLY DO THE ORDER OF THE APPLICANT'S REBUTTAL, THEN UH, O HD'S REBUTTAL. ALRIGHT, FANTASTIC. SO, UH, TO THE APPLICANT, UH, YOU HAVE THE FLOOR, PLEASE. YOU GOT A COUPLE MINUTES TO REBUTT, WE'VE WHAT WE'VE HEARD? YES. THANK YOU. THANK YOU VERY MUCH. UH, JUST SO TO REBUTTAL, A COUPLE OF, UH, I GUESS THE MR. HALL COMMENTS HERE. UH, HE DOES KEEP MENTIONING THAT, UH, STAFF DOES NOT STRICTLY PROHIBIT, UH, A CERTAIN MATERIAL. HOWEVER, I DID CONSTANTLY BRING UP THE FACT THAT I DID WANTED TO USE A LESS EXPENSIVE MATERIAL JUST BECAUSE THAT WAS IN MY BUDGET AND IT WAS CONSTANTLY DENIED. UH, NEVER WAS I GIVEN THE OPPORTUNITY TO UTILIZE ONE OF THE WINDOWS INSTALLED IN THE FASHION THAT THEY WOULD WANT TO. SO THAT WAS JUST OUT OF THE QUESTION. AND TWO, UH, MR. HALL DID MENTION THAT, UH, YOU KNOW, THE, THE WINDOWS DO NOT HAVE THE MEETING RAIL. HOWEVER, IF I COULD GUIDE YOU ON THIS PRESENTATION TO THE PROPERTIES ON THE ADDRESS AT EIGHT 20 HAYES AND 9 31 HAYES, WHO ALSO DO NOT HAVE THE MEETING RAIL, UH, AS WELL. AND MAY I ALSO MENTION THAT EIGHT 20 HAYES DOES USE A WHITE FINAL WINDOW, WHICH IS STRICTLY PROHIBITED THROUGH O H P, AND I BELIEVE MR. HALL EVEN READ THAT OUT LOUD TO, TO, UH, THE, THE COMMISSION HERE. UM, AND AGAIN, THAT HAS ALSO RECEIVED A CERTIFICATE OF APPROPRIATENESS. AND AS YOU COULD SEE IN THAT MAP, IT IS THREE HOUSES DOWN FROM, FROM MINE AND, UH, HAS NOT EVEN FINISHED CONSTRUCTION. SO THIS, THIS IS A VERY, VERY RECENT, UH, APPROVAL. UH, AND, AND THAT'S IT. UH, COMMISSIONER, I'LL YIELD FOR OKAY. THANK YOU. DAF, UH, O H P STAFF, WOULD YOU LIKE TO ADD ADDITIONAL? YES, I WOULD. UH, JUST TO REBUT THE APPLICANT'S STATEMENT. UH, SO THE APPLICANT DID HAVE AN OPPORTUNITY TO PRESENT A MODIFIED WINDOW OR AN ANOTHER WINDOW TO THE COMMISSION. HOWEVER, THE APPLICANT WANTED TO MAINTAIN THE WINDOWS THAT WERE PREVIOUSLY INSTALLED, WHICH DO NOT MEET STAFF STANDARD SPECIFICATIONS FOR WINDOWS AND NEW CONSTRUCTION. UH, ALSO IN REGARDS TO, UH, THE, UH, ADDRESSES THAT THE APPLICANT HAS BROUGHT UP, UM, I'LL JUST NOTE THAT THE WINDOWS THAT THE APPLICANT IS MENTIONING AT EIGHT 20 HAYES, UH, THOSE WINDOWS, I BELIEVE FEATURE MEETING RAILS, UH, IN REGARDS TO THE WINDOWS AT 9 31 HAYES. THOSE WINDOWS ARE, ALL THOSE WINDOWS WERE INSTALLED WITHOUT A CERTIFICATE OF APPROPRIATENESS. THE APPLICANT HAS HAD THOSE WINDOWS DENIED, AND AT THIS TIME, STAFF IS FOLLOWING UP WITH THE APPLICANT. UH, SO THE APPLICANT FOR 9 31 HAYES IS IN A SIMILAR POSITION, UH, TO THE APPLICANT HERE FOR FOUR 15 WILLOW. THOSE WINDOWS INSTALLED IN 9 31 HAYES HAVE NOT RECEIVED A CERTIFICATE OF APPROPRIATENESS. OKAY? OKAY. THANK YOU. AND BEFORE WE CLOSE THE CLOSE THE PUBLIC HEARING, I JUST WANT MAKE SURE THAT AS OF RIGHT NOW, THERE HAS BEEN NO COMMENTS RECEIVED FROM ANYONE, EVEN THE DIG, DIGNITY HILL NEIGHBORHOOD ASSOCIATION. NOT FROM OUR STANDPOINT, SIR. WE RECEIVED NO COMMENTS. THERE'S NO MESSAGES WHATSOEVER. ALL RIGHT. THANK YOU. UH, SO WE'RE GONNA CLOSE THE PUBLIC HEARING. I'M LOOKING FOR A MOTION. I, I, I'M SORRY, MAY I INTERRUPT? I, UH, UH, VERY QUICKLY. I, I, I HAVE THE CERTIFICATE OF APPROPRIATENESS IN FRONT OF ME DATED APRIL 3RD, 2019 FOR 9 31 HAYES. I COULD GLADLY FORWARD THAT TO ANYBODY ON THIS CALL. UH, THANK YOU FOR, FOR THAT. BUT WE'RE, WE'RE, WE'RE GONNA MOVE FORWARD WITH A MOTION AT THIS POINT. UM, IS THERE A COMMISSIONER THAT'D LIKE TO MAKE A MOTION? MR. CHAIR, CAN I JUST ASK FOR A POINT OF CLARIFICATION, UM, THAT IF WE MOVE YES, SIR, FOR, UH, [01:15:01] IF WE MOVE TO, UM, APPROVAL OF THE, OF THE GRANT OF AN APPEAL, DOES THAT MEAN THAT THE CASE GOES BACK TO, UH, THE APPROPRIATE COMMITTEE WITHIN THE HISTORIC REVIEW TO REVIEW THE CASE AGAIN? UH, AND IF WE DO MOVE TO THE STAFF, CAN YOU PLEASE ANSWER? I THOUGHT THAT'S WHAT WAS BROUGHT UP WITH THE LAST MEETING, BUT IT DOES GO BACK TO THE H G R C, IS THAT CORRECT? EDWARD, ARE YOU THERE? I THINK, I THOUGHT I HAD CORRECTED THAT FOR THE RECORD, THAT IT JUST, UH, IT GOES BACK TO O H D TO ISSUE THE PERMIT OR TO ISSUE IT TO CERTIFICATE OF APPROPRIATENESS. OKAY. THAT IS CORRECT. AN APPROVAL OF THIS APPEAL WOULD ESSENTIALLY RESULT IN THE APPROVAL OF THE INSTALLED WINDOWS. OKAY. COMMISSIONER ZUNE, DOES THAT ANSWER YOUR QUESTION? YES, IT DOES. THANK YOU. FANTASTIC. UH, WHO WOULD LIKE TO MAKE A MOTION? MANNA AND MR. MAN, ARE YOU RECOGNIZED? SO REGARDING CASE NUMBER BO O A 2 0 1 0 3 0 0 0 6 8, I MOVE THAT THE BOARD OF ADJUSTMENT GRANTS AN APPEAL OF THE HISTORIC PRESERVATION OFFICER'S DECISION TO ISSUE A CERTIFICATE OF APPROPRIATENESS FOR THE PROPERTY AT 4 1 5 WILLOW STREET AFTER BEING ALGO RAMIREZ. END OF MOTION. DO WE HAVE A SECOND? SECOND, THEN MOVED AND SECONDED AT THE SECOND GOTO? IS THAT TRAVINO WHO SAID THAT? YES. TRAVINO. ALRIGHT, AND LET'S START DISCUSSION. COMMISSIONER, MAN, DO YOU HAVE THE FLOOR? SO WHILE I NORMALLY READ THESE, WE READ THESE IN THE POSITIVE, UM, BUT, UM, I WILL NOT BE SUPPORTING THIS APPEAL. UM, SO PRIMARILY MY MAIN REASON IS THAT THERE WAS A SUBMITTED PRODUCT, IT WAS APPROVED, AND THEN, UH, SUBSEQUENTLY THAT WAS CHANGED. AND SO, UM, SO BECAUSE OF THAT, I WILL NOT BE SUPPORTING THIS MOTION. OKAY. UH, COMMISSIONER VINNO, UM, AT THIS, UM, AT THIS TIME, I, I HAVE TO AGREE WITH MY COLLEAGUE, MR. MANNA. UM, I, I WILL NOT BE SUPPORTING THIS FOR THE SAME REASONS. IS THERE, THANK YOU. IS THERE ANY OTHER COMMISSIONERS YOU'D LIKE TO, UH, SPEAK AT, SPEAK IN ON THIS ISSUE? CHAKA MIN CHAKA RECOGNIZED, I AGREE WITH MY COLLEAGUE, . OKAY. UH, IS THERE ANYONE ELSE? SURE, COMMISSIONER. LOVE. YEAH. HAVING, I'M ORIGINALLY FROM SAVANNAH, GEORGIA, AND WE, UH, GREW, WELL, GREW UP IN A HOUSE. IT WAS BUILT IN THE 1880S, UM, RESTORED BY MY FATHER. UM, YOU HAD SOME STRUCTURES DESTROYED BY FIRE. YOU HAD, UH, AND THIS IS A, A, A TOWN, I THINK THAT'S STILL GOT A BUILDING THAT'S IN THE, WHAT, 1780S? UH, THAT'S STILL STANDING TODAY. UM, IT'S, YOU KNOW, THIS IS A NEW STRUCTURE AND I UNDERSTAND YOU DON'T WANT SOMETHING STICKING OUT LIKE A SORE THUMB, BUT, YOU KNOW, FOR THE, YOU KNOW, I CAN'T UNDERSTAND THE GUY'S CIRCUMSTANCES. UH, WINDOWS NOT SO MUCH. I DON'T, YOU KNOW, WHETHER THEY'VE GOT WEIGHTS IN THE WALLS OR OR WHATEVER THAT, YOU KNOW, I, I DON'T THINK THE GUYS SHOULD BE PENALIZED. SOME OF THESE WINDOWS DO GET REALLY EXPENSIVE. UM, THE SASHES, I, YOU KNOW, I, TO ME IT'S MORE IMPORTANT THAT HIS HOUSE IS ARCHITECTURALLY IN CONGRUENCE WITH THE REST OF THE NEIGHBORHOOD. UM, BUT THE WINDOW'S NOT SO MUCH. AND WE HAD SOME EXTENUATING CIRCUMSTANCES A COUPLE OF MONTHS AGO, THREE, FOUR MONTHS AGO, AND WE STILL DO NOW. AND, UH, I THINK, UH, WITH FINANCIAL HARDSHIP, WE HAVEN'T SEEN THAT YET. I THINK THE SHOE'S GONNA, THE OTHER SHOE'S GONNA DROP, AND I, YOU KNOW, IN THE GRAND SCHEME OF THINGS, I, I HAVE TO SUPPORT THIS GUY. THANKS. OKAY. UH, ANY ANYONE ELSE LIKE TO, UH, ADD A COMMENT? OKAY, THEN I'M GONNA GO AHEAD AND, UH, PUT MY 2 CENTS IN. UH, WHEN I LOOKED TO THIS AND WHAT I NOTICED WAS THAT HE WENT BACK AND FORTH. UH, THE APPLICANT WENT BACK AND FORTH WITH THE H C R C A NUMBER OF TIMES, AND HE SEEMED TO ADDRESS, UH, ALL OF THE DIFFERENT ITEMS EXCEPT FOR THIS WINDOW. UM, I UNDERSTAND THAT, UH, AND I DON'T LIKE THE FACT THAT HE PROVIDED THE SPEC AND THEN DIDN'T INSTALL IT. UH, HIS ARGUMENT IS, IS THAT DUE TO COVID, HE COULDN'T GET HIS HANDS ON THE WINDOW OR THEY REALLY ADJUSTED THE PRICE BEYOND THE PRICE POINT THAT WAS ACCEPTABLE. AND SO HE, HE DID SOME RESEARCH AND, AND FOUND SOMETHING THAT MIGHT HAVE MIGHT'VE BEEN USED IN 27 OTHER LOCATIONS. AND I, I'M GONNA GO AHEAD AND, UH, BEING SUPPORTIVE, THIS MOTION ON THIS PARTICULAR ONE, JUST BECAUSE OF THE FACT THAT, OF HIS ATTEMPT TO TRY TO [01:20:01] MEET AND, AND, UM, SO LEAVE IT AT THAT. SO IF YOU COULD PLEASE TAKE THE VOTE, THAT'D BE GREAT. ALRIGHT. READY FOR A ROLL CALL? VOTE YES, PLEASE, MICHELLE. NO, I'M NOT GOING TO SUPPORT THE MOTION. MR. MANCHACA, I DO NOT SUPPORT THE MOTION. MS. CRUZ? NO, I DO NOT SUPPORT MR. TEAL. NO, I DO NOT SUPPORT THE MOTION. MR. MANA, I DO NOT SUPPORT MS. BRAMAN. NO, I DO NOT SUPPORT THE MOTION. MR. LOVE. I DO SUPPORT MS. TREVINO. NO, I DO NOT SUPPORT THE MOTION. MR. OZUNA? YES, I SUPPORT THE MOTION. I'M GONNA TRY, UH, MR. MARTINEZ, CHAIR MARTINEZ, YOU WERE ON FOR THE MEETING. I WANTED TO TEST TO SEE IF YOU COULD VOTE. I DON'T HEAR HIM. OKAY. UH, MR. ORIAN? UH, I DO SUPPORT THE MOTION. MOTION FAILS. I BELIEVE IT WAS, UH, TWO TO EIGHT. OKAY. OKAY. NEXT CASE NUMBER IS BO [3. 20-4699 BOA-20-10300072] O A 21 0 3 0 0 0 7 2. ADDRESS IS 4 4 3 0 SUMMER SUN LANE ST. COUNCIL DISTRICT TWO. APPLICANT IS LETICIA ANOS REQUEST FOR A THREE FOOT 11 INCH VARIANCE FROM THE REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A CARPORT TO BE ONE FOOT, ONE INCH AWAY FROM THE SIDE PROPERTY LINE. THE APPLICANT BUILT THE CARPORT WITHOUT PERMIT, AND THERE'S AN OPEN CODE ENFORCEMENT RECORD FOR THAT CAKE. THAT PROPERTY CURRENT ZONING IS MP 10 A H O D. THE APPLICANT IS SEEKING A ONE FOOT 11 INCH SIDE SETBACK, VARIANCE OR SETBACK TO KEEP THE CARPORT BUILT AS IS. THERE ARE GUTTERS INSTALLED IN THE CARPORT, AND THERE'S AN ADDITIONAL CEMENT, UH, BEYOND THE CARPORT AREA. THE CARPORT IS MADE OF WOOD MEASURING 18 FEET IN WIDTH, 17 FEET IN LENGTH, AND 25 FEET UP TO THE FRONT EDGE CARPORT IS ATTACHED TO THE PRIMARY RESIDENCE, SO THERE IS, THERE ARE OTHER CARPORTS WITHIN THE AREA. THE SUBJECT PROPERTY'S CARPORT IS LARGER IN DESIGN, TOP OF THE SITE PLAN, FOLLOWED BY PHOTOS OF THE SUBJECT PROPERTY AND SURROUNDING AREA. ALL RIGHT. UH, WOULD THE APPLICANT LIKE TO, UH, WHAT FOLLOW? WE GO THROUGH THE PHOTOS FIRST AND THEN WE'LL, OH, I'M SORRY. SUCH A LONG PAUSE. I WAS THOUGHT YOU WERE FINISHED. APOLOGIZE. STAFF RECOMMENDED DENIAL OF BO O A 21 0 3 0 0 0 7 2. BASED ON THE FOLLOWING FINDINGS OF FACT, THERE REQUESTED VARIANCE TO NOT PROVIDE ADEQUATE SPACE FOR MAINTENANCE AND FAR SPREAD CONTROL. AND THERE IS A UNIQUE CIRCUM, THERE'S NO UNIQUE CIRCUMSTANCES PRESENT THAT WARRANT THE REQUEST. THERE ARE NO OTHER CARPORTS OF SIMILAR DESIGN PLACEMENT. AND WITHIN THE AREA, WE MAILED OUT 33 NOTICES. ONE WAS RECEIVED IN FAVOR, ZERO IN OPPOSITION, AND THERE WAS, UM, NO NEIGHBOR ASSOCIATION FOR THE AREA. THAT CONCLUDES OUR PRESENTATION. WE HAVE, UH, MS. LETICIA ANOS. AND WHEN YOU'RE READY, STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. AND MY NAME IS VANESSA. I'M ACTUALLY THE DAUGHTER OF MONT AND LETICIA ANOS. UM, SO THEY'RE THE OWNERS OF THE 44 30 SOMERSON LANE. UM, BUT I'M GONNA BE SPEAKING ON BEHALF OF HER. CAN YOU, SO, YES, WE DID NOT GET IT. EXCUSE ME. UNFORTUNATELY, WE DID. MISS, CAN YOU PLEASE STATE YOUR, UH, ADDRESS FOR THE RECORD, PLEASE? NAME AND ADDRESS. YAY, OF COURSE. UH, 44 30 SOMER SUN LANE. 78 2 1 7. THANK YOU VERY MUCH. PLEASE PROCEED. OKAY. UM, SO YEAH, UNFORTUNATELY WE DID NOT KNOW ABOUT THE WHOLE PERMIT AND WHOLE SITUATION. WE HAVE LIVED HERE OVER 20 YEARS, SO WE KNEW THE NEIGHBORS, WE KNEW A FEW NEIGHBORS FOR QUITE A WHILE, SO WE JUST SPOKE TO THEM. UM, BUT WE DIDN'T GET ANY ANSWERS. AND WITH EVERYTHING WE SAID DOWN, WE WEREN'T REALLY LOOKING. UM, BUT IT WAS JUST THAT MY DAD AND HIS FRIENDS WANTED TO BUILD. UM, THEY, I DON'T KNOW, IT WAS A B UI THING. UM, WE SPOKE TO BOTH NEIGHBORS LEFT ON THE LEFT SIDE AND ON THE RIGHT SIDE WHEN [01:25:01] WE WERE STARTING THE PROJECT. UM, ONCE WE GOT THAT STARTED, AND WE DID SEE THAT WE WERE ONLY GONNA BE ABOUT LIKE TWO FEET AWAY, OR ONE, IT'S LIKE ONE FOOT, ONE SOMETHING TO BE EXACT FROM THE, UH, NEIGHBOR LEFT HAND SIDE. AND WE SPOKE TO HIM ABOUT IT. HE SAID THAT THAT WAS FINE, THAT IT WASN'T BOTHERING HIM. SO WE JUST CONTINUED WITH OUR PROJECT. UM, WE DIDN'T REALIZE ANYTHING WAS WE WERE DOING ANYTHING WRONG UNTIL WE RECEIVED THE LETTER. UM, SO WE'RE JUST TRYING TO DO EVERYTHING RIGHT. UM, JUST WE WANTED, WE DON'T WANNA BE AN INCONVENIENCE ANYONE. WE JUST SPOKE WITH BOTH OF THEM AND THEY BOTH SAID IT WAS OKAY. WE DIDN'T HAVE TO DO ANYTHING ELSE. SO THAT WAS OUR ONLY WAY OF INFORMATION THAT WE WERE GETTING. UH, SO YEAH, I DON'T KNOW WHAT ELSE TO SAY. OKAY. THANK YOU. UM, STAFF. HAS ANYONE SIGNED UP TO SPEAK? NO ONE SIGNED UP, BUT WE DO HAVE ONE VOICEMAIL TO BE PLACED. FANTASTIC. GOOD. MY NAME IS BARBARA BAKER. I'M CALLING, UH, ON CASE BO A 2 0 1 0 3 0 0 0 7 2. I'VE RECEIVED THIS AND INSTEAD OF MAILING IT BACK, UH, WANTED TO THE, TO THE TWO MINUTE MESSAGE. I CERTAINLY AM IN FAVOR OF THIS, BUT IT'S A LITTLE LATE THAT WAS BUILT LAST MONTH, ABOUT THREE WEEKS AGO OR MORE. THAT CONCLUDES ALL OF OUR COMMENTARY, SIR. FANTASTIC. UH, SO WE'RE GOING OPEN THIS UP TO COMMISSIONER QUESTIONS. ANYONE? UH, MICHELLE, GO AHEAD. UM, THE QUESTION FOR STAFF, UH, I THOUGHT I HEARD YOU SAY THAT YOU RECEIVED ONE NOTICE IN FAVOR. IS THAT THE VOICEMAIL OR WAS THERE AN ADDITIONAL NOTICE? IT WAS THE SAME ONE, MA'AM. OKAY. UH, IF THERE ARE NO MORE QUESTIONS, I'D LIKE MARTINEZ, UH, COMMISSIONER, UH, CHAIR MARTINEZ. I THINK I'M CONNECTED NOW. I WANTED TO ASK, DOES ANYONE KNOW IF THE GUTTER OR ANY PART OF THE OVERHANG ON THIS CARPORT HANGS OVER THE PROPERTY LINE? IT DOES NOT, SIR. SO THE ONE FOOT CLEARANCE IS FROM THE EDGE OF THE GUTTER. SO IT WAS, THE MEASUREMENTS THAT WE HAD WAS FROM THE POST, WHICH IS ON THE OUTSIDE. THE GUTTER WAS WITHIN, JUST WITHIN, WITHIN WHAT, AS YOU CAN SEE THERE, THE, THE POST ITSELF WAS, UM, ONE FOOT, ONE INCH FROM THE PROPERTY LINE. SO IT IS WITHIN THEIR PROPERTY, BUT JUST WITHIN, FROM WHAT WE COULD TELL. OKAY. SO YOU'RE SAYING IT'S LESS THAN ONE FOOT, ONE INCH TO THE EDGE OF THE GUTTER? YES, SIR. SO WHEN WE DID THAT MEASUREMENT, IT WAS FROM THE OUTSIDE OF THE POST TO WHAT WE, UH, SAW, IS THAT THE PROPERTY LINE? SO IT LOOKS LIKE IT'S RIGHT ON THE EDGE AS FAR AS THE GUTTER GOES. SO HOW WOULD THAT AFFECT IF WE, UH, ALLOWED A ONE INCH VARI, I MEAN A FOUR FOOT, 11 INCH VARIANCE, THEY ARE ALLOWED SOME OVERHANG AS LONG AS IT'S NOT CROSSING INTO PROPERTY LINE ? YEAH, THAT'S MY QUESTION IS, AS I CON MY CONCERN IS THAT'S MORE THAN A FOOT THAT I SEE HERE. THE OVERHANG APPEARS TO BE AT LEAST 10 TO 12 INCHES AND THE GUTTER'S FOUR INCHES WIDE. I DON'T SEE HOW IT CAN'T POSSIBLY BE HANGING OVER THE NEIGHBOR'S YARD. BASED ON WHAT WE SAW OUT THERE ON THE FIELD, IT DIDN'T APPEAR TO BE CROSSING OVER. OKAY. AGAIN, IT WAS BASED ON PERCEPTION ON THE FIELD. WELL, THAT'S TRUE. IT'S BASED ALSO AGAINST THE MEASUREMENT FROM THE POST, AND ASSUMING THE POST IS VERTICAL AND NOT OUT A PLUM, THEN THE, THE, UH, SIDE OF THE, THE COVER ITSELF BEFORE THE OVERHANG IS, IS 11 FEET, OR EXCUSE ME, ONE FOOT, ONE INCH CLEARANCE. AND I'M JUST TRYING TO MAKE SURE THAT WE'RE APPROVING SOMETHING THAT IS POSSIBLE OR SHOULD IT, OF COURSE, YOU'RE GONNA HAVE TO GO THROUGH OUT THERE AND IT'S GONNA HAVE TO MEET FIRE CODE, CORRECT? THAT IS CORRECT. WHEN THE PERMITS COME IN, UH, IT'S GONNA HAVE TO MEET ALL FIRE CODE BUILDING INSPECTION WILL ALSO BE OUT TO DO THAT AS WELL. OKAY. SO, SO THE QUESTION IS WHETHER THEY QUALIFY FOR THE VARIANCE? THAT'S, THAT WAS MY QUESTION. THANK YOU. UH, VICE CHAIR. UH, SO IF THERE'S NO MORE, [01:30:01] UH, QUESTIONS, I'D LIKE TO ASK A QUESTION. UM, THIS, THIS LOT IS ZONE MP 10, IS THIS A A WAS THIS ZONE AFTER THE LOT WAS DONE? I MEAN, IS IT A 10,000 SQUARE FOOT LOT? UH, AND, AND SECONDLY IT APPEARS THAT I JUST WANT VERIFICATION THAT, IS THAT A HERITAGE TREE THAT'S TO THE, UH, SIDE OF THE DRIVEWAY THERE? DO YOU KNOW THE STAFF? WOULD YOU HAPPEN TO KNOW THAT? IT LOOKS LIKE ONE I THAT IS UNCLEAR. THE TREE DIDN'T COME UP INTO QUESTION, SO WE DIDN'T CHECK IT. YEAH, I WAS JUST ASKING BECAUSE ON A, ON A LOT OF THIS, AN NP 10, A 10,000, 10,000 SQUARE FOOT LOT, IT JUST SEEMS LIKE IF THEY HAD THE SPACE TO DO SOMETHING, THAT'S ONE THING, BUT THERE'S A TREE IN THE WAY AND IT LOOKS LIKE THEY DIDN'T HAVE MUCH CHOICE AS WHERE THEY COULD PUT A CARPORT, UH, DUE TO PERHAPS A TREE. SO THAT'S WHAT I WAS JUST GETTING TO. ALL RIGHT. WELL, IF THERE'S NO MORE QUESTIONS, MINKA, MINKA, YOU RECOGNIZE, OH, QUESTION HERE. I HAD TO DO WITH THE GARAGE, THE DRIVEWAY, THE , JUST LIKE THAT NEW ADDITION ALSO, IS THAT A NEW ADDITION THAT THE EXTENSION OF THE PARK FOOT ALL THE WAY TO THE ROOM? SIR, IT'S VERY DIFFICULT TO HEAR WHAT YOU'RE SAYING, SIR. THAT HE, HE A WHAT HE ASKED WAS ABOUT THE GARAGE ADDITION. WAS THERE ANYTHING OTHER THAN THE CARPORT THAT WAS DONE TO THIS HOME AS AN ADDITION? NO, SIR. IT WAS JUST THE CARPORT FROM WHEN WE WERE OUT THERE. MANCHACA, COMMISSIONER MANCHACA, DOES THAT ANSWER YOUR QUESTION? THAT'S FINE. THAT'S EXACTLY RIGHT. THANK YOU. YOU'RE WELCOME. UM, IF THAT'S THE END OF THE QUESTIONS, IT'S TIME FOR THE APPLICANT TO PROVIDE ANY SORT OF REBUTTAL TO WHAT WE'VE HEARD BEFORE WE, UH, CLOSE THE PUBLIC HEARING. UH, WOULD THE APPLICANT LIKE TO MAKE ANY ADDITIONAL STATEMENTS? UM, NO, I THINK I, I'VE BEEN PRETTY CLEAR ON WHAT I CAN DO. I DON'T KNOW WHAT ELSE I COULD SAY. I CAN ANSWER ANY OTHER QUESTIONS. I, I CAN MORE THAN WELCOME TO. OKAY. THANK YOU VERY MUCH. UM, THANK YOU. IT'S, YOU ARE WELCOME. UH, CLOSING THIS, UH, PUBLIC HEARING PORTION. I'M LOOKING FOR A MOTION. CRUZ, UH, COMMISSIONER CRUZ, YOU'RE RECOGNIZED. OKAY. UM, REGARDING CASE NUMBER BO 8 21 0 3 0 0 0 7 2, I MOVED AT THE BOARD OF ADJUSTMENT BRANCH OF REQUEST FOR A THREE FOOT THREE INCH VARIANCE FROM THE REQUIRED FIVE FEET SIDE SET BACK TO ALLOW TO ALLOW A CARPORT TO BE ONE FOOT, ONE INCH AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 4 4 3 0 SUMMER SUN LANE. APPLICANT BEING LETICIA ANOS BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED, SHOWN THAT THE APPLICABLE PRIORITY OF THIS PROPERTY IS SUCH THAT IT'S A LITERAL ENFORCEMENT OF THE PROVISION. SO THE U D C AS ESTIMATED 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 SERVED BY SETBACKS. IN THIS ASSISTANCE, THE CARPORT MAINTAINS ADEQUATE SPACE FOR MAINTENANCE AND FIRE SEPARATION WHILE MAINTAINING ACCESSIBILITY TO LIGHT AIR AND OPEN SPACE TO DUE TO SPECIAL CONDITIONS OF LITERAL ENFORCEMENT OF THE ORGANS 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 CARPORT AS IT WAS INTENDED. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORGANS WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORGANS IS IN THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE INTENT OF THE SETBACK LIMITATIONS IS TO PREVENT FIRE SPREAD, ALLOW, ALLOW ADEQUATE SPACE FOR MAINTENANCE AND ENCOURAGE PROPER STORM WATER DRAINAGE. ALL INTENTS OF THE SWAB WILL BE OBSERVED, IS APPROVED FOR THE VARIANCE, WILL NOT AUTHORIZE THE OPERATION OF A, OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZING SONY DISTRICT IN WHICH THE VARIANCE IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USERS SPECIFICALLY AUTHORIZING THE ZONING. DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF A ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH PROPERTY IS LOCATED. THIS VARIANCE WOULD BE SUBSTANTIALLY, WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OR CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT. THE STRUCTURE OF THE VARIANCE IS REQUESTED FOR ALL [01:35:01] COMMUN COMMUNITY NORM OF REVIEW SITE THAT THAT'S BUILT WITHIN THE AREA. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT, IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY ARE AND ARE NOT REALLY FINANCIAL AND ARE NOT DUE OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT. AND WHERE THE PROPERTY IS LOCATED, THE CARPORT IS BUILT IN CHARACTER, THE NEIGHBORHOOD WITH THAT AATE SPACE UTILIZED FOR MAINTENANCE OF THE STRUCTURE, STORM WATER, DRAINAGE AND ACCESSIBILITY TO LIGHT AIR AND OPEN SPACE. AND A MOTION. IS THERE A SECOND? TL SECOND TLS CREDITED WITH A SECOND, UH, COMMISSIONER, WE HAVE A MOTION A SECOND. COMMISSIONER CRUZ, CAN YOU PLEASE START THE DISCUSSION? UH, YES. I, I'M GONNA BE IN FAVOR OF THIS. I THINK THAT, UH, THERE'S PLENTY, EVEN THOUGH IT'S ONLY A FOOT AND A HALF, I KNOW ONE FOOT, ONE INCH FROM THE SIDE, UH, SIDE SETBACK OR THE SIDE NEIGHBOR. THEY'VE GOT ADEQUATE SPACE AND I THINK, UH, SINCE CHEATING COMPLAINT, I THINK IT WOULD BE GREAT FOR THEM TO GO AHEAD AND KEEP IT. THANK YOU. THANK YOU. COMMISSIONER THIEL? UH, YES, I'LL BE IN SUPPORT OF THE MOTION AS WELL. UM, YOU KNOW, I, I THINK THERE'S, THERE'S MORE THAN ENOUGH ROOM. UM, AND GOING THROUGH THE PER PERMITTING PROCESS WILL REQUIRE THEM TO ADDRESS ANY FIRE SAFETY HAZARDS. UH, I DON'T THINK IT'S OUT OF CHARACTERISTIC FOR THE NEIGHBORHOOD. UM, SO AGAIN, I WILL BE IN SUPPORT. FANTASTIC. IS THERE ANY OTHER COMMISSIONERS LIKE TO, UH, VOICE THEIR OPINION? ALRIGHT, UM, I'LL, I WILL, UH, ALSO ADD THAT I AM IN SUPPORT OF THIS AS WELL. UH, SO WITH THAT IN MIND, IF STAFF COULD PLEASE TAKE A ROLL CALL. VOTE MICHELLE. YES, I SUPPORT THE MOTION. MR. MANCHACA? NO, I DO NOT SUPPORT THE MOTION. MS. CRUZ? YES, I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANA, I DO NOT CONCUR THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE. I DO NOT CONCUR. MS. TREVINO. I DO NOT CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA? YES, I CONCUR WITH THE FINDINGS OF FACT. CHAIR MARTINEZ. MAKE SURE TO HIT A MUTE, SIR. IF NOT, CAN YOU HEAR? CAN YOU HEAR ME NOW? YES. YES, GO AHEAD. OKAY. I DO NOT CONCUR. OKAY. AND, UH, MR. ORIAN CHAIR ORIAN, UH, I CONCUR WITH THE FINDINGS OF FACT. THE VOTE BEING SIX TO FIVE MOTION FAILS. IS ANYONE ON THE, UM, ON, ON THE, ON THE, ON THE LOSING SIDE? LIKE, I'M SORRY. UH, THE PREVAILING, THE PREVAILING SIDE. WOULD THEY'D LIKE TO OFFER AN, UM, SUBSTITUTE SUBSEQUENT MOTION? MR. SUBSTITUTE CHAIRMAN? YES, I'D LIKE TO OFFER A, AN ALTERNATIVE, PLEASE PROCEED. UH, I, I WOULD, UH, WITH THE, WITH THERE, WITH THE EXCEPTION OF THE ORIGINAL OF THE ORIGINAL MOTION, I'D LIKE TO CHANGE THE VARIANCE TO, UH, TWO FEET FROM THE, UH, SO IT'D BE A THREE FOOT VARIANCE FROM THE FIVE FOOT SETBACK ALLOW FOR A CARPORT TO BE TWO FEET FROM THE PROPERTY LINE BESIDES OF PROPERTY LINE. BEFORE THAT MOTION IS MADE, WE HAVE A MOTION TO RECONSIDER MAY MOTION OR RECONSIDER. CORRECT. SO IS THAT A, IS THAT A MOTION TO RECONSIDER? UH, JARED MARTINEZ? YEAH. OKAY. IS THERE A SECOND TO THAT MOTION? SECOND. MS. MANNA? YES. UH, MS. OV AND SECONDED. ANY DISCUSSION? OKAY. STAFF, PLEASE TAKE A ROLL CALL VOTE. I, MICHELLE. AYE. MR. MINKA, I DO. HER MS. CRUZ? YES, I CONCUR. MR. TEAL? YES. MR. MANA? YES. MS. BRAGMAN? YES. MR. LOVE. I DO NOT CONCUR. MS. TREVINO? YES. MR. OZUNA? YES, I CONCUR. CHAIR MARTINEZ? YES. AND MR. DORIAN, UH, I ALSO CONCUR. A MOTION PASSES NINE TO TWO. UH, WE HAVE A MOTION TO [01:40:01] RECONSIDER, UH, CHAIR, UH, CHAIR MARTINEZ. WOULD YOU LIKE TO MAKE THE MOTION? YES. UH, THEY ARE, UH, TO, TO COMPLY WITH THE ORIGINAL MOTION, WITH THE EXCEPTION OF WE'RE GOING TO ALLOW A VARIANCE OF THREE FEET, UH, FROM THE FIVE FOOT SIDE SETBACK REQUIREMENTS TO ALLOW THE CARPORT TO BE TWO FEET FROM THE SIDE PROPERTY LINE, UH, WITH THE REMAINING OF THE INFORMATION GIVEN IN THE, IN THE EARLIER MOTION. IS THERE A SECOND? SECOND. IT'S BEEN MOVED. AND SECOND. AND WHO GOT CREDITED WITH THE SECOND AVEN? VEIA. OKAY. SO ANY DISCUSSION? UH, YES. MARTINEZ? YES. THEY OBVIOUSLY, THEY, THEY NEED A CARPORT IN THIS PARTICULAR AREA, AND IT, IT'S, ALTHOUGH, UM, THEY'VE ALREADY BUILT ONE, YOU KNOW, THAT'S UNFORTUNATELY THEY DIDN'T GET A PERMIT. THEY WOULD AVOIDED A LOT OF INCONVENIENCE THEY'RE DEALING WITH RIGHT NOW. HOWEVER, UH, WE CANNOT, I BELIEVE IT'S IN THEIR BEST INTEREST TO HAVE A CARPORT. AND IF WE, UH, CAUSED, UH, THEM TO GO BACK TO THE ORIGINAL DESIGNATION, THEY'D HAVE TO COMPLETELY DESTROY WHAT THEY BUILT. UM, BY MOVING THE POST OVER, UH, TO ALLOW FOR A TWO FOOT CLEARANCE THAT FROM THE SIDE PROPERTY LINE, THEY COULD SALVAGE A PORTION OF THE CARPORT THAT THEY HAVE NOW AND ATTEMPT TO DEAL WITH WHAT THEY WANNA DO, UH, AS, AS LONG, UH, AS THEY COMPLY WITH THE, WITH THE PERMITTING PROCESS. I SEE NO PROBLEM IN ALLOWING THIS. THE NEIGHBOR HAS ALREADY APPROVED A CARPORT ADJACENT TO HIS PROPERTY. UM, AND, UH, I BELIEVE THAT, UH, ONE IS WARRANTED. COMMISSIONER TREVINO? UM, I'M IN AGREEMENT WITH CHAIR MARTINEZ. I THINK HE MAKES SOME PRETTY GOOD VALID POINTS. UM, I WAS APPREHENSIVE TO IT BECAUSE OF THE CLOSENESS, BUT I THINK THAT, UH, BEING SYMPATHETIC TO THE OWNER'S, UH, SITUATION, UM, I COULD GET BEHIND, UM, THE NEW VARIANCES. CHAIR MARTINEZ. ALL RIGHT, THANK YOU. ANY OTHER COMMISSIONERS LIKE TO ADD COMMENTARY? ALL RIGHT. STAFF, PLEASE TAKE A ROLL CALL. VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANA, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE, MR. LOVE. MAKE SURE TO HIT UNMUTE, SIR. I CONCUR. OKAY. I CONCUR. YES, I GOT YOU. MS. TREVINO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT. CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT AND CHAIR ORIAN. UH, I ALSO CONCUR WITH THE FINDINGS OF FACT. MOTION PASSES. 11 ZERO. UM, NEXT CASE. ALRIGHT, UH, DO WE WANNA, BEFORE WE PROCEED, DOES ANYBODY, UH, NEED A FIVE MINUTE BREAK OR SHOULD WE JUST PUSH THROUGH? DOES ANYBODY HAVE ANY, UH, LET'S PUSH THROUGH. LET'S GO THEN. NEXT CASE, PLEASE. WELL, BEFORE WE START, DO YOU WANT TO, UH, HAND OVER THE DUTIES TO THE CHAIR? MARTINEZ? OH, SURE. CHAIR. I'M SORRY. I, I THINK WE HAVE GOOD, A GOOD CONNECTION FROM HIM. WE HAVEN'T HAD ANY FEEDBACK AND I THINK, UM, HE IS COMING IN CLEAR. FANTASTIC CHAIR MARTINEZ. VERY GOOD. ALRIGHT, WE, UH, LET'S GO AHEAD AND CONTINUE WITH THE NEXT CASE, UM, STAFF. CAN YOU YES, SIR. YES, SIR. UH, SO D [4. 20-4698 BOA-20-10300074] O A 21 0 3 0 0 0 7 4 ADDRESS IS 28 27 QUAIL OAKS. IT'S IN COUNCIL DISTRICT 10. UH, THE APPLICANT IS THE ARCHITECTURE STUDIOS TO REQUEST FOR AN EIGHT FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR SETBACK TO ALLOW NEW ATTACHED ADDITION TO BE 12 FEET AWAY FROM THE REAR PROPERTY LINE. CURRENT ZONING IS R SIX M L O D ONE M L R TWO. THE APPLICANT IS REQUESTING A VARIANCE FROM THE MINIMUM 20 FOOT REAR SETBACK TO ALLOW A NEW ADDITION TO BE DEVELOPED ATTACHED TO THE PRIMARY RESIDENCE DUE TO THE LIMITED SPACE IN THE REAR, UH, WHERE THE PRIMARY RESIDENCE WAS BUILT EXACTLY 20 FEET FROM THE REAR PROPERTY LINE WITH A 12 FOOT, UM, RE RESERVED FOR, UH, UTILITY EASEMENT. THE APPLICANT WOULD NEED A VARIANCE, UH, AT ANY POINT. IN ADDITION, EXCUSE ME, WERE ATTACHED. BASICALLY IT'S AN ATTACHED, UH, ACCESSORY TO THE BACK OR AN ADDITION TO THE BACK, AND IT'S GONNA BE 12 [01:45:01] FEET FROM THE, THE REAR YARD. THE MAJORITY OF HOMES WITHIN THIS AREA ARE CUSTOM UNIQUE GOATS WITH HEAVY, UH, TREE FOLIAGE THAT BLOCKS RIGHT AWAY VIEW PAST THE FRONT FACADE. NEXT SLIDE. PHOTO OF THE, OF THE SUBJECT PROPERTY AND OF THE SURROUNDING AREA THERE. THE SIDE YARD. THIS IS THE REAR YARD. THEY CURRENTLY HAVE A, UH, CARPORT IN THE BACK. IT'S GONNA BE IN ADDITION TO MIRROR THAT SURROUNDING AREA. STAFF RECOMMENDS APPROVAL OF BO O A 21 0 3 0 0 0 7 4 BASED ON THE FOLLOWING FINDINGS OF FACT, THE PROPOSED ADDITION WILL BE OUT OF SIGHT BEHIND DENSE FOLIAGE AND, AND THE PRIMARY STRUCTURE AND THE REQUEST OR VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THE DISTRICT. AND REGARDLESS OF PROPOSED LOCATION DUE TO LIMITED SPACE OF THE REAR, LOT OF VARIANCE REQUESTS FOR THE ADDITION, UM, MUST BE MADE FOR THIS PROPERTY 30 NOTICE OR SENT OUT. ZERO IN FAVOR, ZERO IN OPPOSITION. AND THERE IS NO NEIGHBOR ASSOCIATION. THAT CONCLUDES MY PRESENTATION. WE DO HAVE, UH, MR. FELIX ZIGA ON THE LINE, UH, WHO WILL BE PRESENTING THIS CASE. MR. ZIGA, WHEN YOU'RE READY, UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU COULD START YOUR PRESENTATION. HI, GOOD AFTERNOON BOARD. UH, MY NAME IS FELIX EGA WITH VIGA ARCHITECTURE STUDIO. UM, THE ADDRESS OF THE OFFICE IS OF, OUR OFFICE IS 1 1 7 2 3 WHISPER VALLEY STREET, SANTANA, TEXAS 7 8 2 3 0. UM, I THINK STAFF DID A VERY GOOD JOB, UH, WITH PRESENTING OUR CASE. UM, REALLY, YOU KNOW, THE LITTLE BIT OF STORY, YOU KNOW, THE, THE HOMEOWNER WE'RE HELPING THEM PLAN THIS PROJECT. THEY'RE PLANNING TO ACCOMMODATE, UM, THEIR, THEIR ELDERLY MOTHER. UM, AND THAT IS WHY THEY'RE SEEKING, UM, TO DO THIS ADDITION PROJECT, UM, BECAUSE OF THE REDUCED SPACE IN THE BACKYARD. UM, AND THERE'S SPACE REQUIREMENTS, UM, THAT, THAT'S WHY WE'RE REQUESTING THIS VARIANCE. UH, WE DID PREPARE SOME EXHIBITS THAT WE SUBMITTED ALONG WITH OUR APPLICATION, UM, THAT ILLUSTRATE, YOU KNOW, WHERE THE ADDITION'S GONNA BE LOCATED. UM, WE'RE, WE'RE, THIS SHOWS THAT AN EXISTING SITE PLAN VERSUS A PROPOSED SITE PLAN, UM, WE'RE MIMICKING, UH, A KIND OF A REAR DECK THAT'S ALREADY EXISTING. UM, THAT IS, YOU KNOW, PRE PRE OUR INVOLVEMENT. KIND OF GRANDFATHERED IN. UM, NEXT SLIDE. NEXT SLIDE PLEASE. YOU'RE GOOD TO GO, SIR. OKAY. UM, IT, YEAH, THERE, THERE, I THINK THERE'S A LITTLE BIT OF A LAG ON THE, ON THE VIDEO CONFERENCE. UM, SO THE NEXT, THE NEXT SLIDE SHOWS JUST OUR FLOOR PLANS EXISTING PROPOSED. AND THEN THE, THE FINAL SLIDE, UH, MAINLY ILLUSTRATES, YOU KNOW, THAT THE ADDITION, HOW IT'S GONNA BE VISIBLE FROM THE STREET, OR AT LEAST OUR INTERPRETATION OF THAT. AND BECAUSE OF THE HEAVY FOLIAGE, YOU KNOW, WE, WE DON'T ANTICIPATE ANY DETRIMENTAL EFFECT ON THE NEIGHBORHOOD. UM, AND YEAH, UH, I'M JUST REALLY, I'M HERE TO ANSWER ANY QUESTIONS THE BOARD MAY HAVE AND, UM, WE THANK YOU FOR YOUR CONSIDERATION OF THIS REQUEST. OKAY. UH, WE'RE OPEN FOR QUESTIONS FROM, OH, WAIT A SECOND. HAVE WE, DO WE HAVE ANY, UM, PUBLIC INFORMATION ON THIS? ANY ZEKE, DO WE NO WHATSOEVER. NONE WHATSOEVER. OKAY. DO WE, DO WE HAVE ANY INPUT FROM THE HOMEOWNERS ASSOCIATION? NONE. OKAY. THAT'S, THAT. THAT'S OKAY. NOW, UH, DO WE, UM, MY, OKAY, LET'S OPEN UP THE, THE QUESTIONING FROM THE BOARD. DOES ANYONE HAVE A QUESTION FOR THE APPLICANT? OKAY, I HAVE A QUESTION FOR THE APPLICANT IN REGARDS. THIS IS GONNA BE, UH, A, A TOTALLY NEW CONSTRUCTION WHERE, AND THIS IS GONNA BE BUILT OVER WHAT SECTION OF THE HOUSE? THE ADDITION'S GOING TO BE AT THE REAR. UM, IF YOU'RE, IF YOU'RE LOOKING AT THE FRONT OF THE PROPERTY, IT'S THE REAR LEFT OF THE HOME. OKAY. SO THIS IS, THIS IS, UH, GOING TO SORT OF GO BACK AS FAR AS THE COVER THAT, THAT I BELIEVE IS A PATIO COVER, EXISTING COVER. WE'RE ACTUALLY GOING, UM, WE'RE, WE'RE TERMINATING PRIOR TO THE EXISTING PATIO COVER. SO THE EXISTING PATIO COVER ACTUALLY IS, IS, UM, EXTENDS, I THINK, UM, 14 FEET OUT FROM THE REAR OF THE HOME. WE'RE, [01:50:01] WE'RE REQUESTING TO EXTEND, UM, I THINK, I THINK WE'RE, WE'RE EXTENDING 10 FEET OUT FROM THE REAR OF THE HOME. UM, OKAY. UH, SO YOU'RE, UH, THE PATIO COVER ITSELF IS, UH, IS NOT BEING AFFECTED. IT'S, IT'S BUILDING, BUILDING ON TOP OF THE PARTIALLY, PARTIALLY BUILT ON TOP OF THE EXISTING STRUCTURE. UM, AND, UH, I GUESS YOU'RE GONNA ENLARGE THE BOTTOM PORTION AS WELL. THAT IS CORRECT, SIR. OKAY. UH, AND I DIDN'T HEAR THE, THE INFORMATION ABOUT, UH, THE RETURN ON THE, UH, THE REQUEST FROM THE NEIGHBORS. WERE THERE ANY FOR OR AGAINST THIS PARTICULAR PROGRAM? NONE WHATSOEVER, SIR. NO INPUT WHATSOEVER. OKAY. THEN, UH, DO WE HAVE ANY OTHER QUESTIONS FROM THE, UH, FROM THE BOARD? OKAY, THAT IS THE CASE. I'M GONNA AHEAD AND CLOSE THIS TO THE PUBLIC AND, UH, REQUEST A MOTION FROM THE BOARD. TEAL. MR. TEAL, GO AHEAD. YES, SIR. UH, REGARDING CASE, REGARDING CASE NUMBER BO O A DASH 20 DASH 0 3 0 0 0 7 4, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT THE REQUEST FOR THE VARIANCE FROM THE REQUIRED 20 FOOT REAR SET RACK TO ALLOW A NEW ATTACHED ADDITION TO BE 12 FOOT AWAY FROM THE REAR PROPERTY LINE, SITUATED AT 2 8 2 7 QUA OAK STREET, APPLICANT BEING ZIGA ARCA ARCHITECTURE STUDIO P L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PROPOSED ATTACHED ADDITION IS NOT CONTRARY TO THE PUBLIC INTEREST, AS IT DOES NOT NEGATIVELY IMPACT ANY SURROUNDING PROPERTIES OR THE GENERAL PUBLIC. THE ADDITION WILL BE SURROUNDED BY A SIX FOOT PRIVACY FENCE AND DECK FOLIAGE AND WILL NOT BE NOTICEABLE TO THE PASSERBY TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP DUE TO THE LIMITED SPACE IN THE REAR OF THE APPLICANT'S LOT ALONG THE 12 FOOT UTILITY EASEMENT. THE APPLICANT WOULD NEED A VARIANCE REGARDLESS IF AN ATTACHED OR DETACHED ADDITION IS PROPOSED. 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 REQUIREMENT RATHER THAN THE STRICT LETTER OF THE LAW. THE PROPOSED EDITION IS NOT OVERWHELMING IN SIZE COMPARED TO THE PRINCIPAL STRUCTURE, ALLOWS ADEQUATE SPACE FOR MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS, KEEPS AND KEEPS THE CHARACTER OF THE HOME UNCHANGED FOR THE VARIANCE, WILL NOT AUTHORIZE AN 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 PER PERMIT A USE NOT AUTHORIZED WITHIN THE R SIX SINGLE FAMILY DISTRICT FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF THE ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. PROPERTY IS LOCATED IN A DISTRICT CHARACTERIZED BY UNIQUE CUSTOM HOMES WITH LIMITED SPACE WITHIN THE REAR PROPERTY. BECAUSE OF THIS, A VARIANCE IS NECESSARY AT ANY POINT. IN ADDITION, IS PROPOSED FOR THIS PROPERTY AND OTHERS WITHIN THE AREA. SIX. THE PLIGHT 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 FROM NOT CREATED BY THE OWNER OF THE PROPERTY ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO WHERE THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE VARIANCE BEING SOUGHT IS DUE TO THE SIZE CONSTRAINTS OF THE REAR PROPERTY. UH, IN REGARD TO THE PROPOSED ADDITION, IF APPROVED ADEQUATE SPACE WILL BE RESERVED FOR MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS STORM WATER CONTROLS AND ADEQUATE FIRE SEPARATION. FURTHER, THE PROPOSED ADDITION WILL BE OUT OF SIGHT BY THE PRIMARY RESIDENCE AND BENCH FOLIAGE. END OF MOTION. SECOND. SECOND. OKAY. WE HAVE A, WE HAVE A MOTION AND A SECOND. UH, LET'S GO AHEAD AND START THE DISCUSSION. MR. THIEL? YES. I THOUGHT THIS WAS A PRETTY STRAIGHTFORWARD, WELL PRESENTED. UM, YOU KNOW, IT LOOKS LIKE THERE'S GONNA BE MORE THAN ENOUGH SPACE FOR FIRE SAFETY AND, AND MAINTENANCE ACCESS. UM, IT'S UNOBTRUSIVE LIKE IT'S BEEN MENTIONED, YOU KNOW, YOU WON'T BE ABLE TO SEE IT FROM, FROM THE STREET. UM, AND I, AND IT LOOKS LIKE ANY ADDITION OF ANY KIND WOULD REQUIRE SOME SORT OF VARIANCE. SO I, I THINK I'LL BE IN SUPPORT OF THIS. VERY GOOD. ANYONE? UH, LET'S WHO SECOND THE MOTION HERE. ORIAN. OKAY. MR. ORIAN, LET'S HEAR WHAT YOU HAVE TO SAY. YES. UH, I'LL BE IN SUPPORT OF THIS AS WELL. UH, I LIKE THE FACT THAT THEY'RE NOT, UH, IN ANY WAY INTRUDING ON THE FIVE FOOT MINIMUM SIDE SETBACK. SO, AND THEY'RE STAYING OUT OF THE, THE REAR 12 FOOT, UH, UTILITY EASEMENT. SO I'LL BE IN COMPLETE SUPPORT OF THIS. [01:55:01] VERY GOOD. ALRIGHT. UH, WE HAVE ANY FURTHER DISCUSSION FROM THE BOARD? NONE BEING THE CASE. LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF THAT. MR. MINKA, MR. CONCUR WITH . MS. CRUZ? YES, I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACTS. MR. MANA, I CONCUR WITH THE FINDINGS OF FACTS. MS. BRAMAN, I CONCUR WITH THE FINDINGS OF FACTS. MR. LOVE, I CONCUR. MS. TREVINO? YES, I CONCUR WITH THE BINDING OF FACT. MR. OZUNA. MAKE SURE TO HIT ON MUTE, SIR. I CONCUR. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF THE FACT THE, UH, VOTE BEING UNANIMOUS IN FAVOR. THE, THE, UH, VARIANCES IS, UH, AGREED TO. LET'S GO AHEAD AND MOVE TO [5. 20-4340 BOA-20-10300065] OUR NEXT CASE NUMBER OH SIX FIVE. NEXT CASE IS BO O A 21 0 3 0 0 0 6 5. ADDRESS IS 48 14 SIERRA STREET. IT'S IN COUNCIL DISTRICT FIVE. APPLICANT IS CHRISTIAN RIOS. REQUEST FROM A 2,500 SQUARE FOOT VARIANCE TO THE 5,000 SQUARE FOOT MINIMUM LOT SIZE REQUIREMENT TO ALLOW THE LOT SIZE TO BE 2,500 SQUARE FEET AND TO A 15 FOOT VARIANCE FROM THE REAR PROPERTY LINE TO ALLOW A SINGLE FAMILY RESIDENCE TO BE FIVE FEET AWAY FROM THE REAR PROPERTY LINE. CARONIA IS R FIVE ML, D TWO ML R TWO. NEXT SLIDE. THE PROPERTY'S OWNED R FIVE, UH, RESIDENTIAL SINGLE FAMILY, WHICH HAS A MINIMUM LOT SIZE OF 5,000 SQUARE FEET AND A REAR SETBACK OF 20 FEET. THE PROPERTY'S CURRENTLY VACANT AND IS 2,500 SQUARE FEET. THE APPLICANT IS REQUESTING VARIANCES TO THE MINERAL LOT SIZE AND THE REAR SETBACK REQUIREMENTS. IN ORDER TO HAVE MORE FLEXIBILITY IN DEVELOPING THE LOT. IF THE VARIANCES WERE GRANTED, THE APPLICANT IS PROPOSING TO DEVELOP A SINGLE FAMILY RESIDENCE ON THE PROPERTY. NEXT SLIDE. THIS IS A COPY OF THE SITE PLAN. NEXT SLIDE. HOLD ON THIS PHOTO. SO THIS PROPERTY, IT LOOKS EXTENSIVE, BUT HALF OF IT BELONGS TO ANOTHER PROPERTY OWNER TO THE REAR OF THEIR LOT. SO IT IS A WHOLE LOT WHERE FOR SOME REASON THEY BUILT A FENCE. SO IF YOU'RE LOOKING AT THIS SPECIFIC, UH, PROJECT, IT'S ABOUT HALF OF THAT VACANT LOT THAT YOU'RE SEEING THERE. NEXT SLIDE. NEXT SLIDES ARE OF THE SURROUNDING AREA. STAFF RECOMMENDS APPROVAL OF BO O A 21 0 3 0 0 0 6 5 BASED ON THE FOLLOWING FINDINGS. OF FACT, THE LOT SIZE OF THE PROPERTY IS 2,500 SQUARE FEET AND WILL HAVE ADEQUATE SPACE FOR SETBACKS. MAINTENANCE OF THE STRUCTURE AND LIMIT FOR FIRE SPREAD. THE DEPTH OF THE LOT IS 50 FEET AND THE SINGLE FAMILY DWELLING WILL MAINTAIN THE MINIMUM SIDE SETBACKS ONCE DEVELOPED. 24 NOTICES WERE SENT OUT, ZERO RECEIVED IN FAVOR, ZERO IN OPPOSITION. AND THERE'S NO NEIGHBOR ASSOCIATION FOR THE AREA. WE DO HAVE THE APPLICANT. CHRISTIAN RIOS ON THE LINE. MR. RIOS, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU CAN START YOUR PRESENTATION. HELLO? YES, UH, MY NAME IS CHRISTIAN RIOS. I ACTUALLY AM, UH, FROM THE NEIGHBORHOOD. I GREW UP UP THERE. UH, MY MOTHER LIVED, UH, TWO STREETS DOWN. AND, UH, THE, YOU KNOW, AS YOU CAN SEE, I PURCHASED A LOT BECAUSE I WANTED TO BUILD A HOME, UH, NEAR MY MOTHER. I, FORTUNATELY, I DIDN'T KNOW THAT THE LOT WAS HALF TO THE SIDE, UM, AS I FOUND LATER ON. SO THAT WAS A LITTLE MISTAKE ON MY END, BUT, UM, I DECIDED TO BE POSITIVE ABOUT IT AND I, UM, TALKED TO A, A BUILDER WHO SAID THAT, YOU KNOW, HE HAD, UH, WORKED WITH THESE SITUATIONS. UM, CURRENTLY RIGHT NOW NOBODY TENDS TO THE LOT, EVEN THE PART THAT IS BEHIND ME. I CUT ALL THE GRASS, I CLEAN IT UP. I THINK RIGHT NOW IT'S JUST KIND OF BEING USED FOR ILLEGAL DUMPING. AND SO, UM, I WOULD DEFINITELY LIKE TO MAKE IT LOOK MORE OCCUPIED THAT WAY I CAN STOP HAVING TO CLEAN THAT UP. BUT MY BUILDER, UH, INFORM ME THAT THE ONLY WAY, UH, POSSIBLE TO GET THIS DONE PROPERLY WOULD TO GET AN EXTRA FIVE FEET IN THE BACK FOR THE SETBACK. SO, UM, WE WOULDN'T BE ENCROACHING ON ANYONE'S PROPERTY. IN FACT, THE PEOPLE THAT OWN THE PROPERTY BEHIND YOU, THEY BUILT THE FENCE LIKE AS IF THEY HAVE NO INTEREST IN IT. AND, UH, THEY, THEY DON'T, UH, TEND TO IT AT ALL, WHICH IS FINE ON MINE. BUT, UH, [02:00:01] YEAH, THAT'S, THAT'S BASICALLY IT. I DON'T HAVE A LOT TO ADD. JUST, UH, YOU KNOW, I GREW UP IN THE AREA AND IT'S, UH, EXTREMELY DIFFICULT TO FIND A, AN AFFORDABLE HOME IN THE AREA. SO FOR ME, THIS WAS, UH, THE BEST CHANCE I HAVE GOING IT. OKAY. IS THAT, UH, IS THAT THE EXTENT OF YOUR PRESENTATION? YES. I DIDN'T WANT TO TAKE UP TOO MUCH OF YOUR TIME. THAT'S IT, BASICALLY, UH, EMPTY LOT. UM, THERE WE'RE JUST, I JUST WANT TO BUILD A SINGLE FAMILY HOME WITH A FIVE FOOT, UH, LIKE A SETBACK VARIANCE TO THE EMPTY LOT BEHIND ME. THAT IS ALL. WELL, WELL, I THANK YOU FOR GOING THROUGH THE APPROPRIATE PROCEDURES. THAT IS NICE, UH, TO SEE THAT, UM, MORE PEOPLE UNDERSTAND WHAT NEEDS TO BE DONE. LET'S SEE WHAT WE CAN DO HERE. UH, BOARD, UH, I MEAN, UH, ZEKE, DO WE HAVE ANY PUBLIC INPUT OTHER THAN THE RESPONSE? NO, NO SIR. THERE'S NO PUBLIC INPUT AT THIS TIME. ALRIGHT, THEN, UH, WE'LL GO AHEAD AND, AND CLOSE THE MEETING TO THE PUBLIC AND, UM, ENTERTAIN A MOTION FROM THE BOARD. UH, OREN, I HAVE A QUESTION FIRST. OH, I'M SORRY, MR. OREN. OKAY. REOPENING, I'M REOPENING IT TO THE PUBLIC. GO AHEAD. I JUST WANTED TO, I I DIDN'T HEAR, UH, MR. RIO STATE, STATE HIS ADDRESS, THAT'S ALL. OKAY. I APOLOGIZE. I, I CURRENT, I'M CURRENTLY RESIDING AT 1 2 2 WEST YOUNG SAN ANTONIO, TEXAS 7 8 2 1 4. IT'S ABOUT TWO, TWO STREETS DOWN. OKAY. THANK YOU. OKAY. ANY OTHER QUESTIONS? NO, NO, I'M, I'LL MAKE A NOTE. MR. , DO YOU HAVE A QUESTION? YES, SIR. I DO. GO AHEAD. I, I WANT SOME LITTLE CLARIFICATION. I WANT MAKE SURE I DO MISUNDER. YOU SAY THAT PART OF THAT LOT THAT HE HAD IS NOT HIS. HE BELONG TO SOMEBODY ELSE, BUT THE OTHER GUY PUT A FENCE ON HIS SIDE. WE'RE GOING TO THE PHOTO NOW, SIR. AS YOU CAN SEE, FOR SOME REASON THAT LOT WAS LEFT VACANT. THE SECOND PROPERTY OWNER, THEIR HOME, THEY HAVE A FENCE, BUT YET THEY HAVE ADDITIONAL YARD BEHIND IT. IT'S UNCLEAR WHY. SO, UH, WHEN THIS GENTLEMAN PURCHASED THE LOT ITSELF, HE ONLY PURCHASED A PORTION OF IT. WELL, SO THE SECOND PROPERTY OWNER ACTUALLY HAS ADDITIONAL YARD BEHIND THEIR FENCE. OKAY. AND THIS GENTLEMAN'S CLAIMING THAT YARD IS WHAT I'M CONFUSED AT. NO, SO I HAVE THE MAP UP RIGHT NOW, THE AERIAL PHOTO. SO WHEN YOU'RE LOOKING AT THAT, THAT PHOTO THAT WE HAD FROM THE STREET VIEW THAT WENT, THAT WENT PAST THAT, THAT RED LINE ONTO THE NEIGHBORING LOT, THE NEIGHBORING LOT OWNS THAT REAR PROPERTY. SO HE'S ACTUALLY JUST DEVELOPING HIS PORTION THAT HE OWNS. OKAY, I UNDERSTAND. ALRIGHT, UH, ANY OTHER QUESTIONS FROM THE BOARD? ALL RIGHT, THAT BEING THE CASE, THIS IS MAKE ONE MORE ATTEMPT TO CLOSE THE MEETING TO THE PUBLIC AND ENTERTAIN MOTION ORIEN. MR. ORIAN, GO AHEAD. ALL REGARDING CASE NUMBER BO O A DASH 20 DASH 1 0 3 0 0 0 6 5, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR ONE A 2,500 SQUARE FOOT VARIANCE IS A 5,000 SQUARE FOOT MINIMUM LOCK SIZE TO ALLOW, UH, THE LOCK SIZE TO BE 2,500 SQUARE FEET AND TWO, A 15 FOOT VARIANCE FROM THE REAR PROPERTY LINE TO ALLOW A SINGLE FAMILY RESIDENT TO BE FIVE FEET AWAY FROM THE REAR PROPERTY LINE SITUATED AT 48 14 SIERRA STREET, APPLICANT CS, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE'VE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE REVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE 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, VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST THAT THE APPLICANT IS PROPOSING TO CONSTRUCT A SINGLE FAMILY RESIDENCE ON A CURRENTLY VACANT LIE. TWO, DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT SPECIAL CONDITIONS IF ENFORCED, WOULD RESULT IN UNNECESSARY HARDSHIP. SUBJECT PROPERTY IS ONLY 50 FEET IN DEPTH AND HAVE THE SQUARE FOOTAGE LESS THAN THE MINIMUM REQUIREMENT FOR A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD CREATE DIFFICULT IN CONSTRUCTING A SINGLE FAMILY HOME. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED. SUBSTANTIAL JUSTICE, WHICH BE DONE OF THE ORDINANCE, IS DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE MINIMUM LOCK DIMENSIONS IS TO CREATE UNIFORM, LEAD AND PROTECT THE PUBLIC HEALTH, HEALTH SAFETY AND WELFARE. IN THIS CASE, THE APPLICANT WILL STILL MAINTAIN THE FIVE FOOT SIDE AND REAR SETBACK, CREATING ENOUGH SEPARATION FROM NEIGHBORING PROPERTIES AND STRUCTURES OR VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE OF SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES [02:05:01] SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE HAVE NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT PERFORMANCE PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND WHICH THE PROPERTY IS LOCATED. THE REQUEST FOR VARIANCES TO THE WALK SIZE OF MIRROR SETBACKS DO NOT POSE RISK OF SUBSTANTIALLY ENTERING THE USE OF ADJACENT PROPERTY. THE CENTRAL CHARACTER OF THE DISTRICT DOES NOT SEEM LIKELY TO BE ALTERED OR EFFECTIVE. SIX, APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANT DISOR IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES ARE NOT PLAD 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 BOARD FINDS THAT THE SMALL CONFIGURATION OF THE LAW MAY WARRANT THE GRANTING OF THIS REQUEST. THE APPLICANT WAS INFORMED OF THE LIMITATIONS OCCURRED BY THE ORDINANCE AND SUBMITTED THE REQUEST FOR VARIANCE PRIOR TO CONSTRUCTION. END OF MOTION. ALRIGHT, UH, WE HAVE A MOTION NOW. DO WE HAVE A SECOND? I'LL SECOND MS. CRUZ. THANK YOU. ALL RIGHT. UH, MR. ORIAN, WILL YOU PLEASE, UH, UH, START THE DISCUSSION? SURE. UH, I'M GONNA BE IN SUPPORT OF THIS. THERE'S A, UH, DIFFERENT PARTS OF TOWN THAT HAVE, UH, LONGER STYLE LOTS AND WHERE THERE'S A SIDE STREET, UH, IT'S VERY COMMON, UH, TO SEE A, A SMALL HOME BUILT IN THE REAR. UH, THERE'S AN EXISTING DRIVEWAY AND A SITE PLAN, UH, THAT, THAT THE, THE APPLICANT HAS SUBMITTED, THUS REFLECT A, A A, A MODEST SIZED HOME THAT IS APPROPRIATE FOR THE SIZE OF THE LOT AND IT THEREFORE DOES NOT LOOK LIKE A HINDRANCE TO THE NEIGHBORS. SO I'LL BE TO, ALRIGHT, MS. CRUZ, YOU WOULD ADD TO THAT? UH, YES, I'LL CONCUR WITH MR. OR, AND I DON'T SEE A PROBLEM WITH THAT. LOOKS LIKE THEY, YOU'LL HAVE PLENTY OF ROOM, UH, ON ALL SIDES TO, UH, MAKE THAT HOME WITHOUT ANY, UH, HARDSHIPS. ESPECIALLY SINCE NO ONE OBJECTED TO IT. VERY GOOD. DO WE HAVE ANY OTHER INPUT FROM ANY BOARD MEMBER? BRAGMAN, MS. BRAGMAN, GO AHEAD. YEAH, I'M, I'M IN SUPPORT OF THIS MOTION AS WELL. UM, OBVIOUSLY WE'RE IN A COMMUNITY THAT IT'S HARD TO, UH, GET AFFORDABLE HOUSING AND SO WE HAVE TO LOOK OUTSIDE THE BOX IN ORDER TO, UM, HAVE HOUSING FOR, UH, FOR OUR COMMUNITY. SO I'M IN SUPPORT OF THIS. VERY GOOD. OKAY. UH, DOES ANYONE ELSE HAVE ANY OTHER INPUT? UNA YEAH, I'LL BE IN SUPPORT TOO. IF YOU LOOK ALONG SIERRA STREET, THERE IS OTHER EXAMPLES OF MID-BLOCK SINGLE FAMILY RESIDENCES. SO IT'S NOT BREAKING UP THE CONTINUITY OF THE STREET OR THE NEIGHBORHOOD. SO I'LL BE SUPPORTING VERY GOOD. ANY OTHER, UH, BOARD MEMBER? OKAY, THE, JUST AS AN EXPLANATION HERE, THIS IN THE OLDER PARTS OF SAN ANTONIO, IT WASN'T UNCOMMON TO, FOR A PORTION OF, OF THE, UH, MANY LOT TO BE BROKEN UP. UH, THIS WAS DONE YEARS AND YEARS AGO FOR THE SAKE OF, UM, TRYING TO EXPAND THE, UM, THE NEIGHBORHOOD OR FOR MONETARY REASONS. BUT IT WAS DONE. AND EITHER WE DO SOMETHING WITH THIS PROPERTY OR WE DON'T. AND, UH, THIS PARTICULAR CASE, I BELIEVE IT'S IN THE BEST INTEREST OF THE CITY, THE, THE NEIGHBORHOOD AND THE PROPERTY OWNER TO GRANT THIS VARIANCE, UH, SO THAT CONSTRUCTION CAN, UH, BEGIN AND A PERMIT CAN BE ISSUED. SO, UM, I'M GONNA GO AHEAD AND CALL FOR THE ROLL CALL VOTE RIGHT NOW. MS. SHE I CONCUR WITH THE FINDINGS OF FACT. MR. MENCHACA. I CONCUR. MS. CRUZ? YES, I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANA, I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE, MAKE SURE TO HIT UP MUTE, SIR, I KNOW MY PHONE FELL. I CONCUR. THANK YOU MS. TREVINO. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. OZUNA. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT BEING A UNANIMOUS VOTE. THE VARIANCE IS APPROVED. PLEASE GET WITH THE CITY FOR PERMITTING PROCESS AND GOOD LUCK WITH YOUR PROJECT. UH, I BELIEVE THE NEXT CASE, UH, UNLESS SOMEONE REQUESTS A BREAK, WE'RE GONNA GO TO OUR NEXT CASE AND THAT WILL BE, UH, CASE NUMBER 0 6 7 [6. 20-4341 BOA-20-10300067] ON MARINO PARK. ZEKE. THAT'S CORRECT. YES SIR. SO K 0 6 7. THAT 11 3 3 4 MORENO PARK. IT'S IN COUNCIL DISTRICT EIGHT. THE APPLICANT IS DIANA CAVAZOS. IT'S REQUEST FOR A TWO FOOT SPECIAL EXCEPTION TO ALLOW FENCE TO BE EIGHT FEET TALL ON THE NORTHERN SIDE PROPERTY LINE AND THE REAR PROPERTY LINE. CURRENT ZONING IS R FIVE E R Z D. NEXT SLIDE. SUBJECT PROPERTY IS LOCATED ON THE CORNER OF MORENO PARK AND SPANISH WOOD. THE APPLICANT IS REQUESTING A TWO FOOT SPECIAL EXCEPTION [02:10:01] TO ALLOW A SECTION OF THE SIDE AND REAR FENCE TO BE EIGHT FEET TALL. THE PROPERTY OWNER RECENTLY INSTALLED A SWIMMING POOL AND WITH LEN, UH, SITTING SLIGHTLY HIGHER THAN THE, THE STREET LEVEL, THE TALLER FENCE WILL ALLOW THE MORE PRIVACY SWIMMING POOL IS LOCATED ON THE NORTHERN SIDE OF THE PROPERTY NEAR THE STREET, UM, NEAR SPANISH WOOD. THE APPLICANT IS REQUESTING A SPECIAL EXCEPTION FOR THE SECTION OF SIDE FENCING THAT FACES SPANISH WOOD AND A SECTION OF FENCE ON THE REAR PROPERTY LINE. HERE'S A COPY OF THE SITE PLAN WITH THE SWIMMING POOL AND SUBJECT PROPERTY DEFENSE WILL BE GOING ALONG THIS SIDE AND SURROUNDING AREA. STAFF RECOMMENDS APPROVAL OF THE ZONING VARI AND BO O A 20, OR SPECIAL EXCEPTION B O A 21 0 3 0 0 0 6 7. BASED ON THE FOLLOWING FINDINGS OF FACT, THE ADDITIONAL TWO FEET WILL PROVIDE THE APPLICANT'S SECURITY AND PRIVACY TO THE PROPERTY AND THE FENCE WILL REMAIN TRUE TO THE CHARACTER OF THE DISTRICT BY BEING A SOLID WOOD FENCE IN THE SIDE AND REAR YARD. AND THE SPECIAL EXCEPTION IS BEING SOUGHT TO ABIDE BY U D C REGULATIONS AND DESIGN STANDARDS. THERE ARE 34 NOTICES SENT OUT. THREE WERE RECEIVED IN FAVOR. I DID RECEIVE THREE EMAILS, UH, IN FAVOR AS WELL. WE DO HAVE THE APPLICANT ON THE LINE, UH, DIANA CAVASSO. MS. CAVASSO, WHEN YOU'RE READY, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD AND YOU COULD START YOUR PRESENTATION. MS. CAVASSO, ARE YOU THERE? HI, CAN YOU HEAR ME? YES. MS. CAVASSO, COULD YOU PLEASE STATE YOUR FULL NAME AND YOUR, UH, CURRENT RESIDENCE FOR THE RECORD? YES, SIR. MY NAME IS DIANA CAVASSO AND THE RESIDENCE IS 1 1 3 3 4 MORENO PARK. VERY GOOD. LET'S GO AHEAD AND PROCEED WITH YOUR TESTIMONY OR YOUR, FOR YOUR, UH, REQUEST FOR THE, UH, FOR THE, UH, EXCEPTION ROOF OF FENCING EXCEPTION. ABSOLUTELY. UM, AS THEY MENTIONED, UM, I INSTALLED A SWIMMING POOL. UM, MY PROPERTY IS ON A SLOPE THAT, UH, SITS DOWN ABOUT TWO FEET. SO WHEN WE'RE AT THE ONE END OF THE POOL CLOSEST TO THE HOUSE, YOU CAN SEE FULLY OVER THE FENCE, UM, AND THE NEIGHBORS CAN SEE IN. SO I JUST WANTED TO ASK FOR AN EXCEPTION TO RAISE THE HEIGHT OF THE ROOF, UM, UP TO THE TWO FEET JUST FOR ADDITIONAL PRIVACY. OKAY, VERY GOOD. NOW, UM, MS. CASO, YOU PLEASE HOLD ON BECAUSE I BELIEVE THERE'S THREE EMAILS THAT WE HAVE TO READ INTO THE RECORD AND I'LL GIVE YOU AN OPPORTUNITY TO RESPOND TO THOSE. SO, ZEKE, DO YOU HAVE THOSE? UH, THANK YOU ZEKE. DO YOU HAVE THE FIRST ONE'S FROM FLORENCE? UH, CRATER AT 11 3 26 MARINA PARK, I APPROVE THE ATTACHED REQUEST FOR A SPECIAL EXCEPTION ON D O A 21 0 3 6 7. SECOND ONE IS FROM MARTIN AND BONNIE BARR AT 11 3 28 CEDAR PARK, WE RECEIVED NOTICE ABOUT THE REQUEST FOR A TWO FOOT FENCE EXCEPTION FROM THE, FROM NEIGHBORS AT 11 3 3 4 MARILLO PARK. THIS IS TO INFORM YOU THAT WE HAVE NO OBJECTIONS TO THE SPECIAL EXCEPTION. AND THE THIRD ONE, IT IS FROM LEANNE KIN AT, UH, 11 3 27 MORENO PARK. AND IT SIMPLY SAYS IN FAVOR, THAT'S ALL THAT THE COMMENTARY. OKAY. SO WE HAVE A LOT OF SUPPORT IN THE NEIGHBORHOOD, SO, MR. YES, I APPRECIATE THAT. SO MS. EVAS, DID YOU LOOK IN PRETTY GOOD FAVOR RIGHT NOW? I'M GOING TO GO AHEAD AND CLOSE THIS MEETING TO THE PUBLIC AND, OH, EXCUSE ME, I'M SORRY I HAVEN'T ASKED THE BOARD FOR QUESTIONS YET. SO BOARD, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT, MA'AM, OR PLEASE GO AHEAD. SO, UM, SO THE FENCE THAT YOU'RE PROPOSING IS ALSO GONNA BE ALONG THE BACK PROPERTY LINE. AND SO HAVE YOU SPOKEN TO THE NEIGHBORS BEHIND YOU ON SPANISH WOOD? UH, YES SIR. IT'S ACTUALLY JUST GONNA BE FACING, UM, THE STREET SIDE. IT'S NOT GONNA BE BEHIND THE PROPERTY JUST ON THE NORTH, NORTH FACING SIDE, JUST WHERE THE POOL IS. OKAY. SO, OKAY, SO, PERFECT. OKAY. THANK YOU VERY MUCH. ALRIGHT. TO ADD, I, UH, TO ADD TO THAT, I GUESS I SPOKE TO A NEIGHBOR WHO, UM, TALKED TO ALL THE NEIGHBORS AND THEY, UH, MENTIONED THAT THEY HAD SPOKEN TO TWO OTHER NEIGHBORS WHO ALSO AGREED THAT IT WAS A GOOD IDEA. THEY WERE PRETTY INVOLVED WITH THE BUILDING OF THE FENCE. UM, SO EVERYBODY'S BEEN GREAT. [02:15:01] OKAY. NOW DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT FROM THE ORIAN? MR. ORIAN? GO AHEAD. YEAH, SO, UM, TO BUILD ON WHAT COMMISSIONER MANNA WAS ASKING, UH, THE, THERE'S A SITE PLAN SKETCH THAT SHOWS A RED MARKING WHERE IT APPEARS YOU WANT, UH, EIGHT FOOT PEN. SO I WAS JUST CURIOUS, IT'S GOING TO CONNECT TO YOUR HOUSE ON THE GREEN PARK SIDE, RUN DOWN SPANISH WOOD, AND THEN TURN BACK, UH, BUT NOT GO ALL THE WAY OVER, IT'S JUST GO TO THE ANGLE POINT. IS THAT CORRECT? CORRECT. UH, THE, THE BEHIND NEIGHBOR, UH, THEIR FENCE STARTS, UH, ABOUT 10 FEET FROM THE PROPERTY LINE. OKAY. UH, FROM THE SIDEWALK. SO IT'S, IT'S JUST THE PORTION, IT DOESN'T ACTUALLY GO INTO THEIR FENCING AREA, JUST, UM, KIND OF THE PORTION THAT STICKS OUT. ALL RIGHT. THANK YOU VERY MUCH. THANK YOU. OKAY. DO AND NO OTHER QUESTIONS AT THIS TIME FROM THE BOARD. OKAY. I HAVE A QUESTION FOR STAFF. UM, MR. OR HAD BROUGHT UP THE FACT THAT SHE'S REQUESTING FOR THE RETURN OR THE FRONT FENCE. UH, IS THIS INCLUDED IN THE REQUEST FOR THE, UM, THE EXCEPTION THAT THAT'S TECHNICALLY THE SIDE YARD THAT'S BEHIND THE FACADE, SO YOU'RE CALLING THAT THE SIDE YARD AS WELL, SO THAT IS INCLUDED. OKAY. THAT IS CORRECT. VERY GOOD. ALRIGHT THEN. I'M GOOD THEN. I'M GONNA GO AHEAD AND CLOSE THIS, UH, TO THE PUBLIC. AND I'M GOING TO ENTERTAIN A MOTION FOR, UM, THE APPLICANT FROM THE BOARD. MS. BRAGMAN, PLEASE. OKAY. SORRY. LET ME GET TO MY, UH, DOCUMENT. OKAY. YES. THERE'S SO MANY YOU ALMOST DIDN'T NEED ABOUT THREE OR FOUR SCREENS IN FRONT OF YOU. YEP. OKAY, LET'S SEE. OKAY. REGARDING CASE NUMBER BO O A DASH 20 DASH OH 3 6 7, I MOVED THAT THE BOARD OF ADJUSTMENT GRANT A TWO FOOT SPECIAL EXCEPTION TO ALLOW PRIVACY FENCE TO BE UP TO EIGHT FEET TALL ALONG THE NORTHERN SIDE PROPERTY LINE AND THE REAR PROPERTY LINE SITUATED AT 11 33 11 3 3 4 MORENO PARK APPLICANT BEING DIANA CAVAZOS. 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 LITTLE ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DI UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH SPIRIT AND PURPOSE OF THE CHAPTER. THE U D C STATES, THE BOARD OF ADJUSTMENT CAN GRANT A SPECIAL EXCEPTION FOR FENCE HEIGHT MODIFICATION UP TO EIGHT FEET. THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE PRIVACY OF THE APPLICANT'S PROPERTY DUE TO THE LOCATION OF THE SWIMMING POOL. THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WOULD BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY MAXIMUM FENCE HEIGHTS TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY, THE APPLICANT STATES THE SLIGHT ELEVATION OF THE PROPERTY IN RELATION TO THE STREET LEVEL RESULTS IN LESS PRIVACY. AN EIGHT FOOT TALL FENCE, TALL WOODEN FENCE ALONG THE SIDE PROPERTY LINE AND A PORTION OF THE REAR PROPERTY LINE WILL PROVIDE ADDITIONAL PRIVACY FOR THE APPLICANT'S PROPERTY. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. C THE PROPERTY, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. DEFENSE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJU INJURE ADJACENT PROPERTIES, MATERIAL AND STYLE OFFENSES SIMILAR TO THE, TO OTHER FENCES AND WILL NOT BE NOTICEABLE FROM THE RIGHT OF WAY. FURTHER, THE FENCING DOES NOT VIOLATE CLEAR VISION STANDARDS. D THE SPECIAL EXCEPTION WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE FENCING DOES NOT DETRACT FROM THE CHARACTER OF THE NEIGHBORHOOD. THE FENCING IS IN LINE WITH THE OTHER PRE-EXISTING FENCING MATERIAL WITHIN THE IMMEDIATE VICINITY. E THE SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS HERE ESTABLISHED FOR THE SPECIFIC DISTRICT. THE CURRENT ZONING PERMITS THE CURRENT USE OF A SINGLE FAMILY HOME OR REQUESTED A SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. THANK YOU VERY MUCH. DO WE HAVE A SECOND? SECOND. SECOND. IS THAT, UH, MS. CRUZ? THAT GAVE A SECOND? YES. ALRIGHT, SO MS. BERGMAN, UH, BERGMAN, WOULD YOU LIKE TO START THE CONVERSATION? YES. THANK YOU VERY MUCH. I'M GONNA BE IN SUPPORT OF THE MOTION. UH, I THINK THAT THE APPLICANT OUTLINED EXACTLY, UH, THE REASON WHY SHE NEEDS ADDITIONAL PRIVACY. [02:20:01] UM, SO YES, I'M IN SUPPORT OF THE MOTION. VERY GOOD. MS. CRUZ, YOU'D LIKE TO ADD TO THAT? YES, I CONCUR WITH MY COLLEAGUE. I THINK IT WOULD BE, UH, NO PROBLEM WITH THAT. AND SINCE UH, EVERYONE IS IN FAVOR OF IT, I DON'T SEE, UH, WHY WE SHOULDN'T SUPPORT IT. THANK YOU. ALL RIGHT. ANY OTHER BOARD MEMBER WOULD LIKE TO PUT SOME INPUT? NONE BEING THE CASE. LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MR. MINKA. I CONCUR WITH FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. TEAL. YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANA, I CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE I CONCUR. MS. TREVINO? YES, I CONCUR. MR. OZUNA? YES, I CONCUR. MR. ORIAN, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. PAT MOTION PASSES UNANIMOUSLY UH, IN GOOD LUCK WITH YOUR, UM, UH, FENCING PROJECT. UM, AND UM, I GUESS THIS PRETTY MUCH CONCLUDES THE, THE, UH, CASES THAT WE HAVE BEFORE US. IS THAT CORRECT? Z THAT IS CORRECT. THAT'S ALL OF THEM. OKAY. SO THE NEXT ISSUE UP [7. 20-4771 Consideration and Approval of August 3, 2020 minutes.] TO DEAL WITH ARE THE MINUTES. HAS EVERYONE HAD THE OPPORTUNITY TO REVIEW THE MINUTES AND DETERMINATION OF WHETHER AN ADJUSTMENT OR ALTERATIONS NEED TO BE MADE? UH, CRUZ? YES. MS. CRUZ? UH, I HAD, UH, SENT UH, MONICA AN EMAIL WITH ONE MINOR CORRECTION, SO I DON'T KNOW IF THAT GOT DONE OR NOT, BUT JUST TO LET YOU KNOW, THEY NEED TO CHANGE THE DATE ON IT. AH, GOOD POINT. I DIDN'T CATCH THAT FIRST. OKAY. ALRIGHT. ANY OTHER ALTERATIONS NEED TO BE MADE? OKAY, THEN LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE FOR THE APPROVAL OF THE MINUTES. DID WE GET A MOTION AND A SECOND? OKAY. DO WE, LET'S HAVE A MOTION TO APPROVE THE MINUTES. I THINK, UH, MS. CRUZ MADE MOTION. YES. I'LL SECOND IT. OKAY. AND I BELIEVE, UH, MANA MANNA SECOND. MR. MANNA MAKES A SECOND, RIGHT, MICHELLE? I APPROVE. MR. MACHEKA. I APPROVE MS. CRUZ. I CONCUR. MR. TEAL APPROVE. MR. MANA APPROVE. MS. BRAGMAN I APPROVE MS. MR. LOVE I CONCUR. MS. TREVINO APPROVE. MR. UNA? YES, I APPROVE. MR. ORIAN? YES, I APPROVE. AND CHAIR MARTINEZ? YES. I APPROVE OF THE MINUTES AS PRESENTED. SO I WILL SUPPOSE THAT MONICA WILL BE FAXING OR OR SENDING AS AN ATTACHMENT TO ME SO I CAN SIGN THE DOCUMENT. YES SIR. DO WE HAVE ANY OTHER CITY ISSUES THAT WE NEED TO DO DEAL WITH? NO, SIR. FOR TODAY? OKAY. UH, JUST TO LET YOU KNOW, CAN ANYONE SEE ME? 'CAUSE I DON'T SHOW MYSELF ON THE SCREEN. YES, WE CAN SEE AND HEAR YOU. YES, I CAN SEE YOU. EVERYTHING'S GREAT NOW. YEAH, THAT'S WHATEVER YOU'RE USING. IS IT A NEW COMPUTER, NEW CONNECTION, WHATEVER IT IS THAT YOU SHOULD USE FOR EVERY MEETING? WELL, ACTUALLY WHAT I DID IS ILLEGAL . OH, NO, NO. THAT WAS ILLEGAL. WHAT I DO, I ASK MY NEIGHBOR. UH, SO, 'CAUSE I'M RUNNING TWO LINES AND DOUBLING MY BANDWIDTH. THAT WAS THE ONLY WAY I COULD, IT'S, IT'S A VERY COMPLICATED, I CAN'T EXPLAIN TO YOU BECAUSE IT'S, UH, IT'S A SECRET SYSTEM THAT MY SON DEVELOPED AND, UM, I I SHOULDN'T BE DOING IT, BUT THE NEIGHBOR DID APPROVE OF IT, SO I GUESS IT'S ALL RIGHT. WELL, IT WORKS, SIR. SO, , WE NEED A MOTION. AS LONG, AS LONG AS IT WORKS, ROGER. WELL, I JUST WANTED TO MAKE SURE THAT, THAT, THAT I COULD GET SOME WORD, UH, WORD THROUGH. 'CAUSE I WATCHED THE WHOLE MEETING AND, AND I THINK THAT, UH, DONALD DID A WONDERFUL JOB OF FILLING IN, UH, WITH THIS IT IS, THANK YOU. IT IS A TASK TO DO THIS THING OVER THE INTERNET BECAUSE AS I, AS, UM, MS. BRAGMAN CITED AS WELL, YOU NEED MORE SCREENS TO BE ABLE TO SEE EVERYTHING THAT WE NEED TO KNOW BECAUSE I LIKE TO, UH, BE ABLE TO SEARCH THE MAPS AND EVERYTHING ELSE TO DETERMINE WHERE I'M, WHAT OTHER BACKGROUND INFORMATION WE NEED FOR EACH OF THE CASES. NEVERTHELESS, I APPRECIATE EVERYBODY ATTENDING. UH, THIS IS AN, UH, UNLESS THERE'S ADDITIONAL [02:25:01] INFORMATION FROM THE STAFF. NOTHING ELSE, SIR. WE'RE READY TO ADJOURN. OKAY, THEN I WILL END. THIS CONCLUDES THE MEETING OF THE BOARD OF ADJUSTMENTS FOR THIS DATE. SEP THE NEXT MEETING WILL BE HELD ON SEPTEMBER 21ST, AND I HOPE TO SEE YOU ALL THERE. ALRIGHT. THANK YOU EVERYBODY. THANK YOU. BYE-BYE. BYE. THANK YOU. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.