* 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. [00:00:02] OKAY. WE'RE LIVE, SIR. VERY GOOD. [Call to Order] GOOD AFTERNOON, LADIES AND GENTLEMEN. MY NAME IS ROGER MARTINEZ AND I'M THE CHAIRMAN OF THE BOARD OF ADJUSTMENTS OF THE CITY OF SAN ANTONIO. I HEREBY CALL THIS REGULAR NOTICE MEETING OF THE CITY OF ANTONIO, BOARD OF ADJUSTMENTS. IN THE SESSION, WE HAVE OUR INTERPRETERS READ THE INTERPRETATION AVAILABLE FOR THIS MEETING. YES, SIR. THANK YOU. VERY GOOD THAT, LET'S GO AHEAD AND TAKE, UH, THE ROLL CALL. MICHELLE, PRESENT MS. CRUZ? HERE. MR. TEAL. PRESENT MR. MANNA. MR. MANNA. MR. MANNA, TURN ON YOUR MICROPHONE. SOUNDS LIKE YOU'RE HAVING SOME AUDIO DIFFICULTY, SIR. WE CAN'T HEAR YOU. HOW ABOUT NOW? THERE YOU GO. OKAY. PRESENT. SORRY, MS. BREGMAN PRESENT. ALL RIGHT. UH, MR. LOVE PRESENT AND I DON'T SEE MS. LER ON, UH, MR. DELMER PRESENT. MR. ORIAN, UH, PRESENT AND CHAIR MARTINEZ PRESENT. I COUNT 10. UH, NO, SIR. I'VE GOT NINE. OKAY. WHO IS THE 10TH? 10TH? WHO'S THE, UH, UH, MS. LER? WE'RE STILL WAITING ON MS. LER. UH, WE'RE TRYING TO REACH HER NOW, BUT SHE'D BE OUR 10TH. OKAY. WELL, MAYBE I, MAYBE I CHECKED. OKAY. BEFORE WE PROCEED WITH TODAY'S CASES, I WOULD LIKE TO OFFER A FEW WORDS OF EXPLANATIONS. THE IS AN ADMINISTRATIVE BODY AND NOT A COURT OF PERTINENT DO NOT INVOLVED IN POWERS HAVE BEEN GRANTED TO THE TEXAS CITY. THEY'RE CLEARLY DEFINED IN CHAPTER CODE AND OTHER ORDINANCES PASSED BY CITY COUNCIL. WE HAVE THE AUTHORITY TO HEAR AND DECIDE APPEALS FROM THE DECISION OR TERMINATIONS MADE BY AN ADMINISTRATIVE OFFICIAL IN THE ENFORCEMENT OF CHAPTER 35 TO HEAR AND DECIDE SPECIAL EXCEPTIONS ALLOWED IN CHAPTER 35, AND TO AUTHORIZE VARIANCES IN THE ZONING REGULATIONS REQUIRED IN CHAPTER FIVE. WE ALSO SERVE IN AN ADVISORY AND APPELLATE CAPACITY TO THE DIRECTOR OF DEVELOPMENT SERVICES REGARDING REQUESTS FOR VARIANCES FROM REGULATIONS WITHIN CHAPTER 0.8. EVERY DECISION OR RECOMMENDATION OF THE BOARD MUST BE BASED UPON FINDING OF FACT, AND EVERY FINDING OF FACT MUST BE SUPPORTED IN THE RECORD OF A BOARD'S PROCEDURE. EACH MEMBER WILL BE ASKED TO VOTE ON THE MOTION IN ORDER FOR A MOTION TO CARRY. IT REQUIRES A CONCURRING VOTE OF 75% OF THE TOTAL BOARD MEMBERS, WHETHER PRESENT OR NOT, WHICH IS NOT THE BURDEN OF PROOF IN GRANTING THE RELIEF SOUGHT REST ON THE APPLICANT. THE APPLICANT MUST PRESENT FACTS ON WHICH REQUEST RELIEF CAN BE LEAKING TO GRANTED AS THE COURT APPEALS FROM THE DECISION OF THIS BOARD REGARD. ADMINISTRATIVE OFFICIAL EXCEPTIONS, EXCEPTIONS AND VARIANCES ARE MADE TO THE DISTRICT FOR COUNTY COURT OF BASED UPON THE RECORD RECEIVED APPEALS. THE BOARD'S DECISION REGARDING CHAPTER 28 ARE MADE CITY COUNCIL PRIOR TO THE START ITEMS, I WOULD LIKE OUR STAFF TO REVIEW THE AND, AND THE PUBLIC AND LIMIT TO POTENTIAL SPREAD OF COVID 19. THE BOARD OF ADJUSTMENT IS HOLDING MEETINGS VIA VIDEO CONFERENCE. UH, THESE MEETING STANDARDS ARE BASED UPON THE VARIOUS SUSPENDED PROVISIONS OF THE OPEN MEETINGS ACT ISSUED BY THE TEXAS GOVERNOR IN RESPONSE TO C OVID 19 CRISIS AND ARE IN PLACE UNTIL FURTHER NOTICE. MEMBERS OF THE PUBLIC CAN WATCH AND LISTEN TO THE MEETING BY VISITING SAN ANTONIO.GOV/DSD OR BY CALLING IN FOR AUDIO ONLY AT 2 1 0 2 0 6 5 4 8 3. [00:05:01] TO INCORPORATE PUBLIC COMMENT, THERE ARE FOUR OPPORTUNITIES. THESE INCLUDE EMAIL OR MAIL OF, OF COMMENTS, DROPPING OFF COMMENTS, LEAVING VOICEMAIL, OR ASKING TO BE CALLED DURING THE MEETING. STATEMENTS OR COMMENTS WILL BE LIMITED TO TWO MINUTES FOLLOWING THE PRESENTATIONS BY THE APPLICANT. STAFF WILL READ INTO THE RECORD ANY EMAILS OR LETTERS RECEIVED. STAFF WILL ALSO PLAY ANY MESSAGES RECEIVED BY VOICEMAIL. LASTLY, FOR THE, FOR THOSE THAT'S SIGNED UP TO RECEIVE A CALLBACK, UH, WE WILL CALL THEM, UH, TO STATE THEIR TWO MINUTE COMMENTS. SPANISH INTERPRETERS ARE ON, ARE ON STANDBY AS NEEDED. THE APPLICANT WILL THEN BE GIVEN AN OPPORTUNITY FOR REBUTTAL WITH A TWO MINUTE TIME LIMIT ALONG WITH THE OPPORTUNITY TO ADDRESS COMMISSION QUESTIONS. ALL RIGHT. UH, TODAY WE'RE GONNA HAVE DOMINIC DO ALL THE PRESENTATIONS. GO AHEAD. GO AHEAD AND START, BRING THE FIRST CASE FORWARD. THIS IS FOR CASE BO, [2. 20-6063 BOA-20-10300090] A 21 0 3 0 0 0 9 0. THE ADDRESS OF 9 0 1 MASON STREET COUNCIL, DISTRICT TWO APPLICANT BEING PATRICK ATWATER. HIS REQUEST FOR A FOUR FOOT THREE INCH VARIANCE TO THE MINIMUM SETBACK REQUIREMENT OF FIVE FEET TO ALLOW DETACHED CARPORT TO BE NINE INCHES AWAY FROM THE REAR PROPERTY LINE ZONING IS OH TWO HISTORIC SIGNIFICANCE. NEXT SLIDE. NEXT SLIDE. OKAY. SUMMARY. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER, THE SPOTFORD MASON STREET INTERSECTION. THERE'S CURRENTLY AN OFFICE USE ON THE SUBJECT PROPERTY WITH OFF STREET SURFACE PARKING. THE APPLICANT WAS REQUESTING THE VARIANCE IN ORDER TO CONSTRUCT A CARPORT FOR COVERAGE OF MULTIPLE VEHICLES IN ORDER TO HAVE ENOUGH AREA FOR THE VEHICLES TO DRIVE INTO AND REVERSE FROM THEIR SPOTS. THE APPLICANT IS REQUESTING CONSTRUCT THE OVERHANG NINE INCHES AWAY FROM THE PROPERTY LINE. THE SOLID STEEL COLUMNS THAT HOLD THE STRUCTURE UPRIGHT ARE SIX FEET, EIGHT INCHES AWAY FROM THE PROPERTY LINE. SINCE THE PROPERTY DOES HAVE HISTORIC OVERLAY, THE APPLICANT WAS HEARD BY THE H D R C AND WAS ISSUED A CERTIFICATE OF, UH, APPROPRIATENESS ON FEBRUARY 19TH, 2020. AND HERE IS THE SITE PLAN AND RENDERINGS, AND THIS IS THE SUBJECT PROPERTY. THERE IS THE CARPORT HOSTS, SOLID STEEL BEAMS, MEASUREMENTS, AND ADJACENT PROPERTIES. STAFF RECOMMENDS APPROVAL OF BO O A 21 0 3 0 0 0 9 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE PROPOSED ACCESSORY STRUCTURE WILL BE CONSTRUCTED NINE INCHES AWAY FROM THE PROPERTY LINE. AND TWO, THE PROPOSED STRUCTURE WILL BE FIVE FEET AWAY FROM THE ADJACENT STRUCTURES NOTIFICATION PLAN, WE RECEIVE FOUR IN FAVOR AND NO RESPONSE FROM GOVERNMENT HILL NEIGHBORHOOD ASSOCIATION. AND NEXT IS PATRICK ATWATER, WHO IS ON THE PHONE. GOOD AFTERNOON. UH, IT'S A PLEASURE TO BE HERE WITH EVERYBODY. I'M PATRICK ATWATER, THE C E O OF 180 SOLAR. WE'RE THE, THE CONTRACTOR THAT'S BUILDING THE SOLAR CARPORT FOR THE FOLKS AT 9 0 1 MASON. UM, WE'LL, MR. BEFORE YOU PROCEED, BEFORE YOU PROCEED, I WILL NEED YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN YOU MAY PROCEED. OKAY. PATRICK ATWATER. AND IT'S 9 0 1 MASON STREET, SAN ANTONIO, TEXAS 7 8 2 0 8. OKAY. GO AHEAD, SIR. OKAY. IT IS A PLEASURE TO BE HERE WITH EVERYBODY THIS AFTERNOON. UM, WE'RE REALLY EXCITED ABOUT THIS PROJECT. IT STARTED OUT WITH THE OWNERS CONTACTING US, LOOKING TO, UH, TAKE ADVANTAGE OF SOLAR AND, UH, BEING A HISTORIC NEIGHBORHOOD. UH, WE HAD CONCERNS ABOUT PUTTING IT ON THE ROOF, AND IT WAS A, A CHALLENGE WITH ALL THE DIFFERENT PITCHES ON THE ROOF. SO THEN WE EXPLORED A CARPORT, WHICH WOULD ALSO PROVIDE THE DUAL USE OF, UM, COVERING THEIR TENANTS PARKING. AND SO WE THOUGHT THAT WAS A GREAT IDEA. WE TOOK IT TO THE H D R C. THEY ALSO THOUGHT THAT THAT WAS THE BEST CASE SCENARIO WOULD BE TO, TO ALSO PUT IT OVER THE, OVER THE, UH, PARKING RATHER THAN ON THE STRUCTURE ITSELF. UM, AND WE WERE ABLE TO FIT QUITE A BIT OF SOLAR DOING THAT. SO WE ARE POWERING MOST OF THE BUILDING WITH THE SOLAR ARRAY, THE COMMON USE POWER. UH, THE ONE CHALLENGE THAT WE CAME UP AGAINST, UH, IN THE DESIGN WAS THAT THE PARKING AREA DOES BUTT UP VERY CLOSELY ABOUT NINE INCHES AWAY FROM, UH, THE PROPERTY LINE. AND [00:10:01] IF WE WERE TO PULL FORWARD THE CARPORT, UH, WE WOULD VERY MUCH LIMIT THE EGRESS AND INGRESS FROM THE, UH, PARKING AREA. UM, AND THAT IS AN AREA THAT WHERE THE, THE TRASH TRUCKS AND, UM, THINGS MOVE, UH, BACK THERE TO ACCESS THAT PART OF THE PROPERTY. SO PUSHING IT BACK, UM, A LITTLE BIT WOULD PROVIDE, UH, ACCESS TO THE PARKING LOT AND ALSO ACTUALLY COVER THOSE PARKING SPOTS, WHICH ARE RIGHT UP AGAINST THE, THE, UM, THE PROPERTY LINE. AND THIS CARPORT STRUCTURE IS, UH, A GALVANIZED STEEL. IT'S NON-COMBUSTIBLE. UM, AND, UH, WE, WE TOOK THE TIME TO, UM, YOU KNOW, TALK TO THE NEIGHBORS. THE NEIGHBORS REACHED OUT. WE HAD A GREAT CONVERSATION WITH THE NEIGHBORS BEHIND, UH, THIS WOULD MOST AFFECT. AND WE HAD A GREAT CONVERSATION ABOUT, UH, ALL, YOU KNOW, FEW OTHER CONCERNS. UM, AND I THINK WE'RE ALL ON THE SAME PAGE, AND, AND EVERYBODY SEEMED FAVORABLE OF US MOVING FORWARD WITH THE PROJECT. UM, SO I DON'T, I THINK THAT'S, I THINK THAT'S ABOUT IT. OKAY. ZEKE, UH, DO WE HAVE, UH, ANY OTHER, UH, PUBLIC WITNESSES? NO, WE DO NOT. OKAY. WE HAVE NOTHING FROM THERE. SO AT THIS TIME, I'M GONNA ASK THE BOARD AND SEE IF THEY HAVE ANY QUESTIONS FOR THE APPLICANT OR STAFF ORIAN, MR. ORIAN, PLEASE. YEAH. UH, ON THE SITE PLAN PROVIDED, UM, IT, THERE'S A, THERE'S A DIMENSION FROM THE EDGE OF THE CARPORT TO THE CURB OF 13 FOOT, ONE INCH, UH, I A 90 DEGREE PARKING. DOESN'T THE CITY REQUIRE 25 FEET BEHIND THE SPACE? UH, IS THIS SOMETHING THAT, UH, NEEDS TO BE ADDRESSED TO US, OR IS THAT IT, ADMINISTRATIVE? SO THE KEEP IN MIND, DURING THE PERMIT PROCESS, WHICH THEY HAVE ALREADY APPLIED FOR THE PERMIT ITSELF, UM, THAT WILL BE REVIEWED, REVIEWED BY TRAFFIC, AS WELL AS OUR BUILDING PLANS REVIEW. AND ALL OF THOSE ISSUES WILL BE ADDRESSED AT THAT TIME. OKAY. BUT THEY DID GO THROUGH BOARD OF, OR THROUGH HISTORIC AND, UM, RECEIVED THE APPROVAL THERE. SO AT THIS STAGE, THEY'RE JUST GOING THROUGH THE, THE PHASES OF PERMITTING. OKAY. I JUST WANTED TO MAKE SURE THAT, THAT, THAT 25 FOOT DIMENSION, IT BEING SO FAR OFF, IS THAT THAT'S NOT SOMETHING THAT HAS TO GO BEFORE THE BOARD, THAT'S ALL. NOT THAT I'M AWARE OF AT THIS STAGE, BUT, UM, IF IT DOES COME UP, WE'LL HAVE TO ADDRESS IT. BUT AT, WELL, I MEAN, IT'S GOING TO COME UP. IT'S 12 FEET OFF . NO, I UNDERSTAND, SIR. BUT AT THIS STAGE, NONE OF THAT HAS COME UP, UH, THROUGH THE REVIEW PROCESS. OKAY. THANK YOU. ALL RIGHT. DOES ANYONE ELSE HAVE A QUESTION OF THE APPLICANT OR STAFF? CRUZ, MS. CRUZ, YOU GOT THE FLOOR? UH, THANK YOU, SIR. UH, MR. ATWELL WATER, UH, WHAT'S BEHIND THE, THE, THE NEIGHBOR BEHIND YOU? IS THERE SOMETHING ELSE BEHIND YOU? UM, NOT THAT, NO, IT'S JUST THE, THE NEIGHBOR'S HOUSE IS RIGHT THERE. UH, I THINK THERE'S PROBABLY, I, I DON'T KNOW FOR SURE, BUT IF I HAD TO GUESS ABOUT THREE FEET, UM, MAYBE IT ACTUALLY SAYS, UM, YOU KNOW, WE'RE FIVE FEET FROM THEIR HOUSE, BUT THEY JUST HAVE SOME, SOME BUSHES BACK THERE THAT ARE BETWEEN, THERE'S A FENCE, SOME BUSHES, AND THEN THE NEIGHBOR'S HOME. OH, OKAY. THAT IT JUST LOOKS LIKE, IT'S LIKE, LIKE A LITTLE ALLEYWAY OR SOMETHING. AND THAT'S WHY I COULDN'T TELL. I'M LIKE, WELL, UNLESS IT'S NOT COMING OUT. OKAY. THAT'S WHAT I WANNA MAKE SURE. THANK YOU. YEAH, NO PROBLEM. ALRIGHT. DO WE HAVE ANY OTHER, UH, BOARD MEMBERS WOULD LIKE TO ASK A QUESTION? MANA, MR. MANNA, DO YOU HAVE THE FLOOR? YES. SO, SO JUST, UH, I MAY HAVE HEARD IT WANTED TO CONFIRM WAS, WAS THERE DIRECT COMMUNICATION WITH THE NEIGHBOR DIRECTLY BE, UH, I GUESS DIRECTLY TO THE SIDE OF THAT FENCE, UH, TO GET THEIR POSITION AND UNDERSTAND, YOU KNOW, THAT THEY UNDER FULLY UNDERSTAND WHAT IT IS THAT YOU'RE GETTING READY TO PUT IN? YES. GOOD QUESTION. WE DID TALK TO THEM DIRECTLY. UM, THEY BROUGHT, WHEN, WHEN THE NOTICE WENT OUT, THEY BROUGHT A FEW CONCERNS TO US MOSTLY THAT THE, THE STRUCTURE ITSELF WAS GOING TO NOT DRAIN INTO THEIR PROPERTY, WHICH, UM, YOU CAN KIND OF TELL FROM THE ELEVATION THERE THAT IT IS SLOPING TOWARDS THE, THE OFFICE BUILDING AWAY FROM THEIR PROPERTY. SO IF ANYTHING, IT SHOULD HELP. UM, AND THAT'S BECAUSE THE SOLAR ARRAY NEEDS TO BE ORIENTED TO THE SOUTH, FACING SOUTH. SO, UM, WE WALKED THROUGH THAT AND I THINK THERE'S JUST A FEW OTHER MINOR CONCERNS, BUT, UM, YES, AND THEY DID, I THINK, UH, UH, LET THE, LET EVERYBODY KNOW THAT THEY WERE IN FAVOR OF THE PROJECT, SO. OKAY. THANK YOU. OKAY. UH, ANY OTHER BOARD MEMBER HAVE A QUESTION FOR THE APPLICANT OR FOR STAFF? ALL? NONE BEING THE CASE. [00:15:01] UH, NO PUBLIC INFORMATION IS DIVIDED. I'M GONNA GO AHEAD AND CLOSE THIS TO PUBLIC AND ENTERTAIN A MOTION FROM THE BOARD TEAL. MR. TEAL, PLEASE READ THE MOTION. YES, SIR. REGARDING CASE NUMBER BOA 2 0 1 0 3 0 0 9 0, I MOVED TO THE BOARD OF ADJUSTMENT REQUEST FOR A FOUR FOOT THREE INCH VARIANCE TO THE MINIMUM SETBACK REQUIREMENT OF FIVE FOOT TO ALLOW A DETACHED CAR CARPORT TO BE NINE INCHES AWAY FROM THE REAR PROPERTY LINE SITUATED AT 9 0 1 MASON STREET, APPLICANT BEING PATRICK ATWATER, 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 LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. IN THIS CASE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST AS THE APPLICANT IS PROPOSING TO ADD COVERED OFF STREET PARKING FOR EMPLOYEES OF THE BUSINESS AND WILL STILL MAINTAIN SOME DISTANCE TO THE ADJACENT STRUCTURE. TWO, DUE TO THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE BOARD FINDS THAT ANY SPECIAL CONDITIONS THAT IF ENFORCED, WOULD RESULT IN AN UNNECESSARY HARDSHIP. THE APPLICANT IS PROPOSING TO CONSTRUCT THE CARPORT NINE INCHES AWAY FROM THE PROPERTY LINE IN ORDER TO MAINTAIN A SAFE AMOUNT OF SPACE FOR VEHICLES TO PARK AND REVERSE. 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 DEFINED AS THE INTENT OF THE CODE RATHER THAN THE EXACT LETTER OF THE LAW. THE INTENT OF THE ACCESSORY STRUCTURE SETBACKS IS TO PROVIDE SPACING BETWEEN NEIGHBORING STRUCTURES. THE APPLICANT WILL STILL MAINTAIN SOME SPACE BETWEEN STRUCTURES WITH A DOWNWARD SLOPING ANGLE. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE, WHICH THE VARIANCE IS SOUGHT, IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH A VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUEST TO REDUCE THE SIDE SETBACK DOES NOT POSE A RISK OF SUBSTANTIALLY INJURING. THE USE OF ADJACENT PROPERTIES IS NOT LIKELY TO ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT. 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 WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE BOARD FINDS THAT THE LOCATION OF THE ACCESSORY STRUCTURE AND PROPOSED PLANS FOR THE LOT SHALL BE, SHALL WARRANT THE GRANTING OF THIS REQUEST. THE APPLICANT WAS INFORMED OF THE LIMITATIONS INCURRED BY THE ORDINANCE AND SUBMITTED THE REQUEST FOR A VARIANCE. END OF MOTION. SECOND. SECOND. OKAY. WHO, SECOND FIRST. WAS THAT, UH, MR. MANOR OR MR. WHO, WHO OPENED THEM OUT? DONALD. DONALD. OKAY. DONALD, I'M GIVING YOU THIS ONE. . UH, MR. THI, WILL YOU START THE DISCUSSION? UH, YES, SIR. UH, I'LL BE IN SUPPORT OF THIS. UM, IT, IT SEEMS LIKE THEY'VE DONE THEIR DUE DILIGENCE. I'M ALWAYS IN SUPPORT OF, OF, UH, ALTERNATIVE ENERGIES. IT'S GREAT TO SEE SOMETHING LIKE THIS GOING IN. UM, I'M ALSO BACKING UP, YOU KNOW, THE, THE OFFICE OF HISTORIC PRESERVATION AND, AND THE H D R C, YOU KNOW, UH, IF THEY, THEY'RE OKAY WITH IT IN THIS HISTORIC CONTEXT, UM, THEN SO WILL I, SO I WILL BE IN SUPPORT. VERY GOOD. NOW, MR. IAN, DO YOU LIKE TO? YES, UH, I WILL ALSO BE IN SUPPORT. UH, I JUST WANTED TO POINT OUT THAT, UH, UDC 35 5 0 1 C ONE, UH, ONLY ALLOWS ADMINISTRATIVE EXCEPTIONS OF UP TO 10% FOR THE STALL LENGTH AND DEPTH. AND, AND I THINK THAT, UH, AFTER WE, IF THIS GETS APPROVED, UH, SINCE WE'RE ONLY LOOKING AT THE CARPORT BEING NINE INCHES AWAY, WHICH I HAVE NO PROBLEM WITH, SINCE THE NEIGHBORS ZONE AND IT'S SOLAR, IT'S GOOD FOR THE ENVIRONMENT, ALL THAT GOOD STUFF, THEY'LL, THEY'LL JUST HAVE TO GO TO THE PLANNING COMMISSION ON THE 25 FOOT DEPTH. SO THAT'S NOT OUR PURVIEW. SO I'M, I'M FINE WITH THIS SPECIFIC APP I REQUEST. ALRIGHT. DOES ANYONE ELSE HAVE ANY INPUT THEY'D LIKE TO SPEAK ABOUT? NONE BEING THE CASE, THEN I'LL GO AHEAD AND CALL FOR A, UH, ROLL CALL VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT, MS. CRUZ. YES, I CONCUR. MR. THI YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANO. I CONCUR WITH THE FINDINGS OF FACT, MS. BREGMAN, I CONCUR WITH THE FINDING OF FINDINGS OF FACT. MR. LOVE, I CONCUR. MR. DOMER. I CONCUR. [00:20:02] MR. ORIAN, UH, I CONCUR THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. I HAVE NINE VOTES, WHICH IS ALLS NECESSARY TO PASS THIS MOTION. UH, CONGRATULATIONS AND GOOD LUCK WITH YOUR PROJECT. LET'S GO STEP ON OUR NEXT CASE NUMBER SIX. UH, CHAIR MAAM. CHAIR, YES. UH, SINCE WE ONLY HAVE NINE PEOPLE ON, ON, UM, ESPECIALLY ON CASES FOR STAFF THAT'S RECOMMENDING DENIAL, WE GONNA BE OFFERING A CONTINUANCE TO ANYBODY. WE HAVE TO AT LEAST MAKE THE, GIVEN THE OPPORTUNITY, UH, VERY WELL, I WOULD ENCOURAGE EVERYONE TO PRESENT SUCH A WONDERFUL CASE. THEY'LL PASS. OKAY. OKAY, SO LET'S GO, GO AHEAD. UH, AND, UH, LETS CONTINUE OUR NEXT CASE. [3. 20-6062 BOA-20-10300086] THIS IS FOR BO O A 21 0 3 0 0 8 6 FOR THE ADDRESS OF 4 3 0 EAST MYRTLE STREET COUNCIL. DISTRICT ONE APPLICANT IS LISA ROBLIN. THERE'S A REQUEST FOR A SPECIAL EXCEPTION TO ALLOW ONE ADDITIONAL TYPE TWO SHORT-TERM RENTAL UNIT ON THE BLOCK. FACE ZONING IS RESIDENTIAL SINGLE FAMILY CASE SUMMARY. THE SUBJECT PROPERTY IS LOCATED MID-BLOCK ON EAST MYRTLE STREET BETWEEN COLA AVENUE AND NORTH ST. MARY STREET. THE PROPERTY CURRENTLY HAS A SINGLE FAMILY HOME, THE PROPERTY OWNER AND APPLICANT CURRENTLY RESIDING ON THE ABUTTING PROPERTY TO THE WEST. UH, THE THIS DOES NOT QUALIFY FOR A TYPE ONE PERMIT BECAUSE THEY DO NOT RESIDE ON SITE. THE APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW FOR THE OPERATION OF ONE TYPE TWO SHORT-TERM RENTAL UNIT AT A PROPERTY WITH A TOTAL OF ONE DWELLING UNIT. IN THIS CASE, THE BLOCK FACE IS DEFINED AS THE SOUTH SIDE OF EAST MYRTLE STREET BETWEEN NICOLA AVENUE AND NORTH ST. MARY'S STREET. THERE ARE 33 LOTS ALONG THIS BLOCK. AND ACCORDING TO AVAILABLE RECORDS, THERE ARE 40 UNITS ON THIS BLOCK FACE RESULTING IN FIVE TYPE TWO SHORT-TERM RENTAL UNITS PERMITTED BY RIGHT SIX GRANDFATHER. TYPE TWO. SHORT-TERM RENTALS HAVE ALREADY BEEN APPROVED BY WRIGHTS ON THE BLOCK FACE. IF THIS SPECIAL EXCEPTION IS APPROVED, THERE WOULD BE A TOTAL OF SEVEN TYPE TWO SHORT-TERM RENTALS ON THIS BLOCK FACE RESULTING IN 17.5% OF THE BLOCK. THIS IS THE FLOOR PLAN AND THIS IS THE SUBJECT PROPERTY, THE SURROUNDING AREA AND ADJACENT PROPERTIES. THIS IS THE MAP OF THE SHORT-TERM RENTAL PERMITS ISSUED WITHIN THE VICINITY OF THE PROPERTY. THAT PROPERTY STAFF RECOMMENDS DENIALS VARIANCE OF BO O A 2 1 0 3 0 0 0 8 6 BASED ON FOLLOWING FINDINGS OF FACT. THERE ARE CURRENTLY SIX ACTIVE TYPE TWO SHORT-TERM RENTALS ON THE BLOCK FACE. WE RECEIVED FOUR NOTICES IN FAVOR, TWO IN OPPOSITION, ONE IN FAVOR OUTSIDE THE 200 FOOT RADIUS AND TOLIN HILL ASSOCIATION IS OPPOSED. AND WE HAVE THE APPLICANT LISA, ON THE LINE. LISA, UH, STATE YOUR NAME AND ADDRESS FOR THE RECORD. UH, HI, UH, THIS IS LISA MCCARTEL ROBLINE AND MY HUSBAND IS ON THE LINE, AND I BELIEVE HE WAS GOING TO GO AHEAD AND SPEAK FOR US FIRST. ARE YOU THERE, ALFON? YES. UH, ALSO I NEED TO IDENTIFY HIMSELF FOR THE RECORD. YES, SIR. MY NAME IS ALFONSO ROBLIN. I LIVE AT 4 2 8 EAST MYRTLE 7 8 2 1 2. THE QUES, THE PROPERTY IN QUESTION THAT WE'RE DISCUSSING IS FOUR 30 EAST MYRTLE 7 8 2 1 2. EXCUSE ME, JUST FOR A SECOND HERE. UH, STAFF, UH, ARE WE GONNA HAVE A NUMBER OF PUBLIC INPUTS LIVE OR ANY LIVE THAT ON THIS CASE? WE HAVE NO LIVE COLLAR FOR THIS, BUT WE DO HAVE, YES WE DO. OH, WE HAVE ONE ACTUALLY LIVE CALLER. OKAY, THEN LET'S GO AHEAD AND PROCEED. UH, AT THIS TIME, I'M SORRY TO INTERRUPT THE APPLICANT, SO PROCEED FOUR LETTERS. OKAY. YOU'D LIKE ME TO PROCEED? YES, GO AHEAD. OKAY. UM, SO THANK YOU ALL SO MUCH FOR GIVING US A CHANCE TO, TO, TO STATE OUR CASE. AND IT'S ALWAYS GOOD, IN MY OPINION, TO HAVE A FULL PICTURE OF THE SITUATION. UH, FOUR 30 EAST MYRTLE HAS BEEN IN MY FAMILY SINCE THE EARLY 1940S, AND WE LIVE RIGHT NEXT DOOR TO FOUR 30 EAST MYRTLE AT 4 2 8 EAST MYRTLE. SO NOT ONLY ARE WE INVESTORS IN THE COMMUNITY, BUT [00:25:01] WE'RE ACTUALLY PART OF THE COMMUNITY. WE LIVE THERE, WE WORK OUT OF OUR HOME CURRENTLY, UH, DUE TO THE COVID SITUATION. SO I, I THINK THAT ADDS DIFFERENT CONTEXT AND DIFFERENT TEXTURE. UM, I UNDERSTAND THAT THERE ARE CONCERNS AND ISSUES ABOUT THE, UH, OFF STREET PARKING, BUT AS YOU CAN SEE FROM THE PICTURES, UM, AT AT LEAST FOUR OR POSSIBLY FIVE VEHICLES WOULD FIT IN THE DRIVEWAY COMFORTABLY. THE DRIVEWAY IS THE LENGTH OF THE PROPERTY, WITH THE EXCEPTION OF THE GARAGE THAT IS AT THE END OF THE PROPERTY, OBVIOUSLY. SO THE QUESTION IS, WHY ARE WE REQUESTING AN EXEMPTION? UH, WE HAVE BEEN DOING LONG-TERM RENTALS FOR MANY, MANY YEARS, DECADES, ACTUALLY. AND I HAVE BEEN, UH, RENTING THIS PROPERTY SINCE THE EARLY TWO THOUSANDS. ONE OF THE REASONS WHY WE WANT A SHORT-TERM RENTAL IS BECAUSE BASED ON MY EXPERIENCE, WE CAN BETTER MAINTAIN THAT PROPERTY BY HAVING, UH, ALMOST IMMEDIATE ACCESS TO IT, ONE BY BEING NEXT DOOR AND TWO, BY IT BEING PROBABLY, UH, MOSTLY EMPTY MOST OF THE TIME. SO THAT WILL ALLOW US TO MAINTAIN THE PROPERTY, KEEP IT IN GREAT CONDITION VERSUS A LONG-TERM RENTAL. UM, WE ALL, THE SECOND REASON IS WE REALLY WANT TO USE IT. THERE'S THE RIGHT THERE. WE REALLY WANT TO USE IT AS, UM, UH, FOR FRIENDS AND FAMILY AS WELL. YOU KNOW, WE WANT TO HAVE THE FLEXIBILITY TO USE OUR PROPERTY IN A VARIETY OF DIFFERENT WAYS, NOT JUST FOR LONG-TERM RENTAL. UM, YOU KNOW, LASTLY, BECAUSE WE ARE LIVING RIGHT NEXT DOOR, THE AMOUNT OF CONTROL AND OVERSIGHT WOULD BE EXTRAORDINARY COMPARED TO OTHERS, UH, ON THE BLOCK, IN MY OPINION. NOT THAT THEY'RE DOING A TERRIBLE JOB, BUT JUST THE MERE FACT THAT WE LIVE RIGHT NEXT DOOR, THAT'S OUR HOUSE. THE BLUE ONE ON THE RIGHT, UM, IS, IS, IS, IS, IS, UH, IS WHY UH, WE ARE INVESTING A SIGNIFICANT AMOUNT OF MONEY IN RESTORING BOTH PROPERTIES. UM, AND WE PLAN TO BE PART OF THIS COMMUNITY, UH, PART OF TOBIN HILL, UH, TO THE END OF OUR DAYS. SO THIS IS OUR FINAL RESTING SPOT. SO THANK YOU SO MUCH. I DON'T KNOW IF MY WIFE LISA, WOULD LIKE TO SAY A COUPLE OF WORDS, BUT ONCE AGAIN, I THANK YOU FOR ALLOWING ME TO PARTICIPATE. OKAY. LISA, WOULD YOU LIKE TO SAY A FEW WORDS? YES. THANK YOU SO MUCH. UM, AND THANK Y'ALL. THANK YOU TO THE BOARD FOR YOUR TIME. THIS IS LISA MCC ROBLINE, AND I AM NOT SURE WHERE THE, UM, THERE SHOULD BE A DRAWING SOMEWHERE IN THERE WITH, WITH THE SURVEY. I UNDERSTAND FROM, UM, ONE OF THE COMMUNITY MEMBERS THAT THEY'RE WORRIED ABOUT PARKING. AND IF YOU LOOK AT THE ACTUAL SURVEY, THERE IS 97.8 LINEAR FEET OF CONCRETE SLAB ON THE PROPERTY. UM, THE PROPERTY WE HAD ASKED FOR, YOU KNOW, A MAXIMUM OF EIGHT PEOPLE, BUT OF COURSE THAT WOULD MEAN, YOU KNOW, THAT THAT'S JUST IN CASE PEOPLE WANNA COME WITH THEIR LITTLE CHILDREN. THAT IS ABSOLUTELY A MAXIMUM. WE DO NOT EXPECT THAT THERE WOULD EVER BE EIGHT CARS THERE. I DON'T KNOW IF YOU GUYS CAN THINK BACK TO ANY OF YOU RENTING SOME SHORT-TERM RENTALS, AIRBNB, V R B O, BUT YOU KNOW, USUALLY PEOPLE TRAVEL TOGETHER IN A CAR OR TWO AND, UM, YOU KNOW, THAT'S WHAT WE'RE, WE'RE SEEING HERE. AND WE WOULD ABSOLUTELY ENCOURAGE PEOPLE AND EVEN REQUIRE IN OUR REQUEST THAT THEY PARK ON THIS LAB. UM, WE LOOK FORWARD TO HAVING PEOPLE FROM MANY COMMUNITIES COME ENJOY THIS AREA. WE'RE SO FORTUNATE TO BE BY THE PEARL AND HAVE VISITORS WANT TO COME. BUT, YOU KNOW, BEING SO IN THIS AREA OF PROGRESS, WHICH IS WONDERFUL AND AMAZING, OF COURSE, PROPERTY TAXES ARE GOING UP AND DUE TO THAT AND THE FACT THAT, LIKE MY HUSBAND SAID, WE WOULD REALLY LIKE TO MAINTAIN ACCESS TO THE HOUSE, THAT'S WHY WE'RE REQUESTING A SHORT-TERM RENTAL. WE, WE, UH, SELLING IS NOT AN OPTION SINCE, YOU KNOW, GRANDMA AND GRANDPA ROBLINE HAVE HAD THAT. WE LIVED IN THAT HOUSE MOST OF THEIR LIFE. YOU KNOW, WE WANNA PASS THAT ON TO OUR CHILDREN. SO WE WANNA DO EVERYTHING WE CAN TO BE ABLE TO KEEP THIS HOME IN OUR FAMILY AND MAINTAIN IT IN VERY GOOD STANDARDS AND IN HISTORIC, YOU KNOW, UP TO HISTORIC CODE FOR THE, FOR THE COMMUNITY AND THE NEIGHBORHOOD. UM, ONE QUICK THING ABOUT THE, IT SAYS THE TOBIN HILL COMMUNITY ASSOCIATION OPPOSES, BUT JUST, JUST FOR ALL FAIRNESS, UM, IT WAS WHAT, UH, COMMITTEE WITH A HANDFUL OF PEOPLE ON TOBIN HILL THAT ARE SPEAKING FOR TOBIN HILL, WHICH THEY CAN BY LAW, BY THEIR, UM, BYLAWS, UM, ARE SPEAKING ON BEHALF OF THAT COMMITTEE. AND THAT SAME CHAIRPERSON IS ALSO THE PERSON WHO SENT IN THE OPPOSITION LETTER, AND I BELIEVE THAT'S HER HUSBAND WHO'S GOING TO SPEAK ON THE PHONE. SO, UM, MOST OF THE NEIGHBORHOOD, WE'VE HAD A CHANCE TO MEET THEM ALL. THEY'RE VERY NEIGHBORLY, REALLY EXCITED TO BE A PART OF THIS COMMUNITY. AND WE ARE ACTUALLY MEMBERS OF THE TOBAN HILL COMMUNITY ASSOCIATION [00:30:01] OURSELVES. SO WE ARE ASKING, WE ARE THANKING YOU SO MUCH FOR THIS TIME, AND IF YOU COULD PLEASE ALLOW US THIS DREAM WE'VE HAD FOR A WHILE. WE WILL BE VERY GOOD STEWARD TO THIS HOUSE AND THIS COMMUNITY FOR DECADES TO COME. I AGREE. AND ALSO I THINK THERE WAS AN, OH, SORRY, GO AHEAD. UM, I, I BELIEVE ONE OTHER PERSON BROUGHT UP AN ISSUE OF TRASH AND WE ARE ACTUALLY AT A, A GREAT ADVANTAGE BECAUSE WE OBVIOUSLY TAKE OUT OUR OWN TRASH EVERY DAY AND WILL, UM, AND THE ONE FOR FOUR 30, WHICH WE HAVE BEEN REHABBING FOR SEVERAL MONTHS. MONTHS AND WILL CONTINUE TO DO SO AND MAINTAIN THE PROPERTY IN WONDERFUL STANDARDS. WE ARE HOPING THE HISTORIC PRESERVATION COMMITTEE, WHICH SUBMITTED THAT LETTER ON HALF OF TOBIN HILL, WILL APPRECIATE THE FACT THAT WE ARE PUTTING A LOT OF MONEY INTO THIS HOUSE AND WANT TO BE ABLE TO CONTINUE TO HAVE ACCESS TO THE HOUSE SO THAT WE CAN CONTINUE TO MAINTAIN IT AS OUR LAST RENTERS WOULD NOT ALLOW US ACCESS AND DAMAGE MANY OF THE 80 YEAR OLD DOORS INSIDE OUR DISMAY. SO, THANK YOU SO MUCH. OKAY. VERY GOOD. UM, WHO, UH, DO WE HAVE, LET'S GO AHEAD AND, UH, TAKE THE PUBLIC SPEAKER HERE. NEED TIME TO SET THAT UP. MR. KUSHNER, ARE YOU, ARE YOU THERE? YES, YES I AM. ALRIGHT, UH, GO AHEAD AND SAY YOUR NAME AND ADDRESS FOR THE RECORD AND THEN YOU HAVE TWO MINUTES. SURE. MY NAME IS MARTIN KUSHNER AND I LIVE AT 4 0 5 EAST MYRTLE STREET, JUST DOWN THE BLOCK, UH, 7 8 2 1 2. UM, I WAS ONE OF THE PARTICIPANTS IN THE VERY LONG AND EXTENDED DISCUSSION ABOUT THE NEW SHORT-TERM RENTAL REGULATION THAT WENT INTO EFFECT SEVERAL YEARS AGO. I ATTENDED PUBLIC MEETINGS AND THERE WERE MUCH, MUCH, MUCH COMPROMISED. DONE. EVENTUALLY WE CAME UP WITH WHAT WAS ADOPTED BY THE CITY OF SAN ANTONIO TO PLACE A CERTAIN NUMBER OF LIMITS ON EACH BLOCK FACE. NOW THE NORTH SIDE OF MYRTLE RIGHT NOW FROM MCCULLOUGH TO ST. MARY'S IS ONE CONTINUOUS LONG BLOCK OF UP TO FIVE AND IT ALLOWS UP TO FIVE SDRS. ON THE SOUTH SIDE THOUGH, WHICH IS WHERE I LIVE, THERE ARE THREE INTERSECTING STREETS AND THAT ALLOWS FOR A MAXIMUM OF ONLY FOUR SDRS BY REGULATION. WELL, WHEN WE ADD TOGETHER ALL OF THE CURRENT SIX ON THE NORTH SIDE, WE WITH THE, UH, FOUR THAT ARE ALLOWED ON THE SOUTH SIDE, AND NOW ADD IN ONE MORE, WE COULD HAVE AS MANY AS 11 S T R UNITS ON OUR STREET, WHICH IS ONLY FOUR BLOCKS LONG. SO I ASKED THE COMMISSION TO REJECT THIS REQUEST AND TO HELP MAINTAIN OUR REASONABLE NUMBER OF OWNER RENTERS. WE ARE NOT OPPOSED, OR I AM NOT OPPOSED, SORRY TO THE NEW PEOPLE COMING IN. THEY SEEM WONDERFUL. WE ARE LOOKING FORWARD TO MEETING THEM ONE-ON-ONE, BUT WE HAVE HAD MANY, MANY PROBLEMS. I LIVE DIRECTLY ACROSS THE STREET FROM AN SS T R AND THEY ARE WHEN YOU HAVE, AND THEY BY THE WAY HAVE 11, THEY LISTED IT AS 11 OCCUPANTS AVAILABLE. THAT'S A LITTLE MORE THAN THEY ATE, BUT IT'S STILL 11 OCCUPANTS. AND, UH, TO THAT EXTENT WE HAVE HAD SIGNIFICANT PROBLEMS WITH GARBAGE NOT TAKEN CARE OF. I REALIZE AND HEARD THAT THE, UH, OWNERS WILL TAKE CARE OF THAT AND I RESPECT THAT GREATLY. WE'VE HAD MANY CARS. WHEN YOU HAVE 11 POTENTIAL OCCUPANTS THAT SEVERAL FAMILIES, AGAIN, I'M SURE THEY WILL, WILL RESPOND TO THAT. THE KEY HERE THOUGH, IS ONCE YOU START MAKING A, UH, EXCEPTION, THAT'S TWO MINUTES GO. ALRIGHT. UH, DO WE HAVE ANY OTHER PUBLIC, UH, COMMENTS? WE DO HAVE LETTERS TO READ INTO THE RECORD, UH, BUT SIR, CHAIR RIGHT NOW WOULD BE A TIME, 'CAUSE I THINK MR. KUSHNER'S STILL ON THE LINE IF THERE'S ANY QUESTIONS FOR HIM BEFORE WE DISCONNECT WITH HIM. YEP, THAT'S WHAT I WAS GOING TO RECOMMEND. YES. LET'S, LET'S, UH, DO WE HAVE ANY, UH, FROM THE BOARD? DO YOU HAVE ANY QUESTIONS FOR MR. KUSHNER? NONE FROM THE BOARD. THANK YOU MR. KUSHNER, FOR ATTENDING. THANK YOU. THANK YOU FOR YOUR THOUGHT. TAKE CONSIDERATION YOUR INFORMATION. NOW, AT THIS TIME I'M GONNA DO, I'M GONNA ALLOW THE APPLICANT TO UNDERSTAND A FEW SITUATIONS THAT HAVE EXISTED OR EXIST RIGHT NOW. NOW, STAFF, I UNDERSTAND WE, DO WE HAVE 10 BOARD MEMBERS PRESENT? NO, SIR. AT THIS POINT WE HAVE NINE. WE'RE STILL TRYING TO MEET REACH MS. ENGLERT, BUT, UH, IT'S ONLY NINE. ALRIGHT, WELL THIS IS FOR THE INFORMATION FOR THE APPLICANT THEN, DUE TO THE FACT THAT WE ARE RUNNING SHORT OF BOARD MEMBERS FOR THIS MEETING, THAT [00:35:01] THE, UH, YOU MUST HAVE 100% AGREEMENT WITH YOU IN ORDER TO GET YOUR, UH, APPLICATION APPROVED. NORMALLY, THE BOARD SIT WITH 11 PEOPLE AND WHICH MEANS THAT TWO COULD DESCEND AND YOU STILL COULD GET WHAT YOU WANTED. I'M GONNA GIVE YOU ONE OPPORTUNITY RIGHT NOW TO MAKE A DECISION ON WHETHER YOU'D LIKE TO CONTINUE HEARING THE CASE TODAY, KNOWING THAT WE ARE TWO BOARD MEMBERS SHORT, UH, OR YOU COULD REQUEST A CONTINUANCE TO WHEN THE, THE BOARD MIGHT LIKE LIKELY HAVE MORE MEMBERS ATTENDING TO IMPROVE YOUR, YOUR ODDS. UM, THIS IS SOMETHING I OFFER AS A COURTESY BECAUSE OF THE NUMBER THAT WE'RE SHORT RIGHT NOW. AND IF YOU DO WISH TO CONTINUE, IT'LL BE APPROXIMATELY A MONTH FROM NOW. IS THAT CORRECT STAFF? WE CAN CONTINUE FOR THE NEXT MEETING. OKAY. WHICH WILL BE, UH, NOVEMBER 2ND. OKAY. OR NOVEMBER 2ND. I NORMALLY WE HAVE TO WAIT TWO, BUT YOU'RE LUCKY IF IT'S ONE'S AVAILABLE ACTUALLY. SO I'M GONNA GIVE YOU THAT OPTION RIGHT NOW BECAUSE, UH, STATISTICALLY IT'S VERY DIFFICULT TO GET ALL THE BOARD MEMBERS TO AGREE AT ONE TIME. AND IF YOU'D LIKE TO DO SO, THIS OPTION'S AVAILABLE TO YOU RIGHT NOW. OTHERWISE, WE'LL CONTINUE WITH THIS CASE AND LET THE, UH, DECISION FALL WHERE IT DOES. WHAT IS, WHAT IS YOUR CHOICE ON THIS PARTICULAR MATTER? UH, I I I JUST HAVE A COUPLE OF QUESTIONS. UM, IF WE WERE TO CONTINUE TODAY AND WE GET DENIED, WHICH I UNDERSTAND WE'VE ALREADY BEEN DENIED, BUT WE'RE ASKING IF OUR EXCEPTION GETS DENIED, WHEN CAN WE REAPPLY? OKAY. FIRST OF ALL, UH, THIS IS YOUR FIRST TIME BEFORE THE BOARD AND THIS IS THE ONLY ONE THAT COUNTS AT THIS PARTICULAR TIME. UH, IF WE WERE TO DENY IT TODAY, GENERALLY SPEAKING, UNLESS YOU CAME IN WITH A TOTALLY DIFFERENT OR SLIGHTLY DIFFERENT, UH, APPLICATION, YOU'D BE REQUIRED TO WAIT A ONE YEAR PERIOD. AND, UH, UNLESS YOU COULD BRING UP SOME INSTANCES WHERE YOU THINK THAT YOU CAN PETITION THE BOARD TO RECONSIDER, UM, THOSE ARE VERY UN UNLIKELY. UH, I, I I DON'T KNOW, UH, WHAT YOU, HOW YOU FEEL ABOUT THIS, THAT, UH, YOU'RE PUSHING THE ENVELOPE TO BE HERE AND IT MIGHT BE IN YOUR BEST INTEREST TO HOPE THAT YOU MIGHT BE ABLE TO GET MORE IF MORE VOTES IF MORE BOARD MEMBERS WERE ATTENDING. WE, WE WOULD LIKE TO GET, WE WOULD LIKE TO FOR YOU TO HAVE A FULL, UH, QUORUM OR, OR BE FULL MORE THAN NINE MEMBERS. SO WE WOULD LIKE TO WAIT. WE ARE GONNA MAKE SECOND ON WHETHER WE'RE CONTINUE THIS CASE, UH, UNTIL I BELIEVE, UH, NOVEMBER CALENDAR, UH, THE FIRST MONDAY OF NOVEMBER, EXCUSE ME. IT IT'LL BE NOVEMBER 2ND, SIR. NOVEMBER 2ND. UM, AND, UH, THEY'VE REQUESTED FOR A CONTINUANCE, SO I NEED A MOTION FROM BOARD. I MOVED TO CONTINUE TO NOVEMBER 2ND. UH, CASE NUMBER BO EIGHT DASH 20 DASH OH 3 0 8 6. I SECOND. OKAY. UH, LET'S TAKE A ROLL CALL. VOTE ON THAT. MICHELLE? YES, I APPROVE THE MOTION TO CONTINUE UNTIL NOVEMBER 2ND. MS. CRUZ? YES. SECOND CONCUR. MR. TEAL? YES. MR. MANNA? YES. MS. BREGMAN? YES, I APPROVE MR. LOVE. I APPROVE MR. DELMER. I APPROVE. ALL RIGHT, MR. IAN? YES. AND, UH, CHAIR MARTINEZ. YES, I AGREE. UH, IN THIS PARTICULAR INSTANCE, THE CASE WILL BE CONTINUED TILL NOVEMBER 2ND. THIS WILL GIVE YOU SOME, UH, ANOTHER OPPORTUNITY BECAUSE ONCE YOU BRING IT TO THE BOARD, YOU'LL HAVE ANOTHER OPPORTUNITY TO US AGAIN AND, UH, HOPEFULLY WE WILL HAVE 11 MEMBERS. IN FACT, I THINK IT WAS THE FIRST MEETING, WE ONLY HAVE NINE. SO, YOU KNOW, ODDS ARE THAT WE WILL HAVE MORE MEMBERS BY THE TIME THE NEXT MEETING COMES UP ON. ALRIGHT, UH, LET'S GO [4. 20-5783 BOA-20-10300083] AHEAD AND CONTINUE TO THE NEXT FOR BOA 21 0 3 0 0 0 8 3 FOR THE ADDRESS OF 7 2 7 SOUTH TRINITY STREET COUNCIL DISTRICT FIVE APPLICANT RE HOMES IS A REQUEST FOR ONE, A VARIANCE FROM THE MINIMUM LOT SIZE OF 4,000 SQUARE FEET TO ALLOW A LOT SIZE TO BE 2,304 SQUARE FEET AND TO A 15 FOOT VARIANCE FROM THE ACQUIRED 20 FOOT REAR SETBACK TO ALLOW A NEW RESIDENTIAL [00:40:01] STRUCTURE TO BE FIVE FEET AWAY FROM THE REAR PROPERTY ZONE. IS RESIDENTIAL SINGLE FAMILY A SUMMARY. THE APPLICANT IS DEVELOPING ON A VACANT LOT FOR RESIDENTIAL SINGLE FAMILY USE. THE APPLICANT IS REQUESTING VARIANCES FROM THE MINIMUM LOT SIZE AND ROOF SETBACK. THEY HAVE FLEXIBILITY IN DEVELOPING THE NEW RESIDENCE ON A LOT. THE PROPOSED SITE PLAN MEETS THE MINIMUM REQUIREMENTS FOR THE FRONT AND SIDE SETBACKS. DUE TO THE ANTIQUATED SUBSTANDARD LOTS IN THE DISTRICT, THE APPLICANT MUST OBTAIN VARIANCES OR REZONE IN ORDER TO BE ABLE TO CONSTRUCT ON THIS SMALL SIZE PROPERTY. THIS IS THE SITE PLAN AND THIS IS THE SUBJECT PROPERTY AT CORNER LOT SUBJECT PROPERTY AND ADJACENT PROPERTY SOUTH TRINITY STREET AND THE SURROUNDING NEIGHBORHOOD STAFF RECOMMENDS APPROVAL OF BO O A 2 1 3 0 0 0 8 3 BASED ON THE FOLLOWING FINDINGS OF FACT, ONE, THE SINGLE FAMILY HOME WILL MEET THE MINIMUM CODE OF REQUIREMENTS FOR SIZE AND FRONT SETBACKS ONCE DEVELOPED. TWO. THE REQUEST VARIANCES WILL NOT, NOT DETRACT FROM THE CHARACTER OF DISTRICT. AND THREE ADEQUATE SPACE WE UTILIZE TO PREVENT STORMWATER RUNOFF. MAINTENANCE OF PROPERTY AND MAINTENANCE OF THE STRUCTURE WITHOUT TRESPASS THE MAIL. 41 NOTICES NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NO RESPONSE FROM HISTORIC WEST SIDE RESIDENCE ASSOCIATION AND WE HAVE THE APPLICANT FROM LIBRE HOMES. UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD BEFORE YOU SPEAK. UH, MY NAME IS JOSE VEDA AND, UH, THE ADDRESS IS, UH, UH, 7 27 SOUTH TRINITY STREET. YOU CAN START YOUR PRESENTATION, SIR. OKAY. YEAH. AS, UH, I GUESS AS MENTIONED, UH, THE, UH, THE, THE SLOT IS, UH, RATHER SMALL. UM, SO, UH, WE WERE HOPING TO GET A VARIANCE, UH, TO BE ABLE TO, UH, YOU KNOW, HAVE ENOUGH SPACE TO, TO BUILD SOMETHING OF NOTE. UM, SO OBVIOUSLY, YOU KNOW, THE CURRENT SETBACKS, UH, WOULD, WOULD PRETTY MUCH RENDER THE, UH, THE LOT ALMOST UNUSABLE. I MEAN, IT WOULD HAVE TO BE A VERY, VERY, VERY TINY HOME. UH, CONSIDERING IT'S A, UH, A CORNER LOT. UM, YOU KNOW, WE UNFORTUNATELY LOSE, UH, THE FRONT, UH, SETBACK ON, ON BOTH, UH, FRONTAGES ON THIS LOT. UM, SO WE WERE HOPING TO GET, UH, UH, VARIANCE TO BE ABLE TO, YOU KNOW, BUILD A LITTLE BIT CLOSER TO THE PROPERTY LINES, UH, AND HAVE THOSE BE, UH, FIVE FOOT ON THE SIDE AND THE REAR, UM, TO AT LEAST GIVE US A LITTLE BIT MORE OF A USABLE SPACE. ALRIGHT. IS THAT THE EXTENT OF HIS PRESENTATION? UH, YES. OKAY. UM, DO WE HAVE ANY, UH, PUBLIC INPUT? WE DO NOT. WE DO NOT. ALRIGHT. BOARD, I'M GOING TO ASK THAT THOSE OF YOU THAT HAVE SOME QUESTIONS ADDRESSED BOTH THE APPLICANT AND STAFF CONCERNING THIS PARTICULAR PROPERTY, WHO WOULD LIKE TO SPEAK FIRST? ORIAN, MS. ORIAN, YOU HAVE THE FLOOR? YES. UH, UH, TO THE, UH, APPLICANT. UH, YOU'RE SHOWING A CARPORT, SO IT'S GONNA BE AN OPEN CARPORT. DO YOU HAVE ENOUGH, UH, YOU WITH A TEMPLATE SETBACK? DO YOU HAVE ENOUGH ROOM FOR A CAR TO PULL OFF OF EL PASO AND, AND NOT BLOCK THE STREET OR THAT SIDEWALK THAT RUNS ALONG EL PASO? EL PASO? YEAH. UH, WELL, AND THAT'S THE REASON WE'RE, WE'RE DOING THAT AS A CARPORT INSTEAD OF A GARAGE. 'CAUSE IT JUST GIVES YOU A LITTLE BIT MORE OF A, WELL, ONE, ONE I GUESS, UH, IF YOU DON'T HAVE A, IF YOU HAVE A GARAGE, IT HAS TO BE A, AT A, AT A 20 FOOT SETBACK, WHICH WOULD ABSOLUTELY NOT WORK. YEAH. UM, AND, UH, TWO IS, YOU KNOW, HAVING IT BE AN OPEN CARPORT, IT, IT JUST, UH, IT, IT MAKES IT A LITTLE BIT MORE FLEXIBLE. YOU KNOW, IF, IF YOU HAPPEN TO HAVE SOMETHING AT THE END OF THE CARPORT, YOU KNOW, STORED OR WHATEVER, IT STILL GIVES YOU ENOUGH, MORE THAN ENOUGH ROOM TO BE ABLE TO PULL ONE CAR IN COMPLETELY WITHOUT BLOCKING ANY SIDEWALKS. YEAH, I WAS NOTICING 'CAUSE ON, ON EL PASO, THE SIDEWALK IS ABUTTING THE PROPERTY LINE. IT'S NOT AGAINST THE CURB. AND THEN ON AND ON, UH, TRINITY, THERE'S A NO PARKING ALONG THAT SIDE OF THE BLOCK, SO I JUST WANTED TO MAKE SURE THAT YOU, YOU, YOU HAD ADEQUATE ROOM TO FOR IT LOOKS LIKE A, I DON'T KNOW IF YOU CAN GET TWO VEHICLES IN THERE, BUT IT MAY JUST, IS IT A SINGLE OR A DOUBLE? IT, IT, NO, IT'S A SINGLE SO IT, IT WOULD BE, I MEAN REALLY, IT, IT WOULD BE FOR ONE, UH, ONE VEHICLE ONLY. UM, OKAY. BUT, UH, YEAH, WE FELT THAT, THAT WE COULDN'T MAKE A GARAGE WORK, UH, ALTHOUGH THAT WOULD'VE BEEN PRE PREFERRED, YOU KNOW, IT JUST, [00:45:01] THERE'S JUST NO WAY. SO, NO, I GET IT. THANK, UH, THANK YOU VERY MUCH. YEAH. OH, NO PROBLEM. THANK YOU. MM-HMM. . ALRIGHT. DO WE HAVE ANY OTHER BOARD MEMBER? MANNA, MR. MANNA? YEAH, YOU'RE RIGHT, YOUR HONOR. SO, UH, IN FOLLOW UP TO MR. IAN'S QUESTION, SO IT, UH, LOOKING AT THE GOOGLE MAP, IT DOES SHOW, UM, THAT THE SIDEWALK DOES WRAP AROUND A BUDDING THE STREET, UM, ALONG THIS PROPERTY, BUT WHEN IT GETS TO THE NEXT PROPERTY ON EL PASO, IT LOOKS LIKE IT HAS A PRETTY LARGE APRON, UM, FOR WHERE THE SIDEWALK SITS. AND SO, UM, SO I GUESS THE QUESTION IS, UM, YOU KNOW, IF, IF YOU'RE GONNA FOLLOW, UH, THE NEXT PROPERTY SIDEWALK, YOU KNOW, YOU WOULDN'T, YOU PROBABLY WOULDN'T HAVE THAT LARGE AMOUNT OF SPACE FOR YOUR DRIVEWAY TO ALLOW A CAR TO PARK THERE WITHOUT BLOCKING THE SIDEWALK. SO I'M ASSUMING THAT YOU'RE GONNA BE ADDRESSING THAT, UH, BASED UPON THE, THE DIFFERENCES OF THOSE TWO SIDEWALKS. SO IT'S A QUESTION FOR THE APPLICANT. UH, YES. UH, YEAH, THAT WOULD BE SO, UH, I, I SEE WHAT YOU'RE SAYING. SO IT, IT, IT'S, UM, UH, IT, IT DOESN'T SEEM TO LINE UP, I GUESS, RIGHT? THAT'S KIND OF WHAT YOU'RE SAYING. UH, THE, THE WAY IT CURVES AROUND RIGHT NOW ON THE CORNER TO WHERE IT ACTUALLY MEETS THE HOUSE NEXT DOOR, UH, IT, IT'S KIND OF AT AN ANGLE, RIGHT? MM-HMM. , RIGHT? SO THE, SO THE PICTURE THAT'S SHOWING RIGHT HERE SHOWS THAT THE SIDEWALK WITH, WITH AT LEAST A FIVE FOOT APRON, UH, OR GRASS, A GRASS MEDIAN THERE, UM, MM-HMM. PUTS YOU PRETTY CLOSE TO THE EDGE OF THE, THE VARIANCE THAT YOU'RE LOOKING FOR. SO THAT ALMOST PUTS IT RIGHT AT THE GARAGE, AT THE, AT YOUR CARPORT. SO, UH, NOT MUCH SPACE THERE. YEAH. SO THE, THE, AT LEAST, UH, YOU KNOW, WHAT WE'RE GOING OFF OF, WHICH IS THE, THE SURVEY ITSELF, UH, WE'RE, WE'RE, UH, ALL OUR MEASUREMENTS ARE BASED ON THE ACTUAL, THE PROPERTY LINE ITSELF, WHICH, UH, I THINK IS CLOSER TO THE SIDEWALK WHERE THE SIDEWALK, UH, IS AT THE NEIGHBOR'S HOUSE. SO WHERE, I DON'T KNOW, UH, IF YOU'RE LOOKING AT THE, THE GOOGLE MAPS WHERE THE, WHERE YOU CAN SEE KIND OF THE, THE FENCE LINE ON THE FRONT MM-HMM. , THAT, THAT'S PRETTY MUCH WHERE THE, UH, FRONT PROPERTY LINE WOULD BE. SO ALL, ALL OUR, YOU KNOW, OUR SITE PLANS BASED OFF OF THAT, UH, NOT NECESSARILY LIKE THE SIDEWALK ITSELF. OKAY. DOES THAT ANSWER YOUR QUESTION FOR NOW? SO, IS THE, SO IS THE PLAN FOR THE CARPORT TO BE OFF OF EL PASO? UH, THAT IS CORRECT, YES, SIR. OKAY. SO IT'S, SO DAN, THE REASON, REASON BEING IS THAT, THAT IT'S SUCH A NARROW LOT, UM, THAT IF, IF WE TRIED TO PUT A, UH, A CARPORT OR, OR, YOU KNOW, ANY KIND OF, UH, SPACE FOR A CAR ON THE TRINITY SIDE, UM, I MEAN, IT'S JUST SUCH A, IT, IT IS SO NARROW ALREADY THAT IT WOULD, IT WOULD ALMOST EAT UP, YOU KNOW, HALF, HALF THE HOUSE. DOES, DOES THAT MAKE SENSE? LIKE YEAH, I UNDERSTAND THAT PART, BUT I GUESS THE QUESTION IS THAT, YOU KNOW, THERE, THERE IS A EXPECTATION I GUESS, THAT, UH, THE DRIVEWAYS DO NOT BLOCK, UH, THE SIDEWALKS. AND SO, SO LOOKING AT THE DELTA HERE YES, SIR. HAVE TO FIGURE THAT PIECE OUT. UH, THAT'S CORRECT. YEAH. SO, SO WE'RE THAT, AND THAT'S THE REASON, UH, AGAIN, THAT WE DECIDED TO GO WITH A, A CARPORT IS JUST FOR THAT OPENNESS SO THAT YOU ARE ABLE TO, UH, NOT, NOT, YOU KNOW, BE RESTRICTED IF YOU WILL, BY THE, THE GARAGE DOOR, YOU KNOW, SO IT'S, IT'S JUST MORE OF AN OPEN AREA SO THAT THE HOMEOWNER CAN PULL IN, UH, FREELY INTO THE CARPORT WITHOUT, WITHOUT OBSTRUCTING THE SIDEWALK. OKAY. THANK YOU. ALL RIGHT. UM, I, I HAVE A QUESTION REAL QUICK. UM, IN MOST CASES, THE CITY OF SAN ANTONIO, DEVELOPERS OF A PROPERTY REQUIRED TO ADD THE SIDEWALK WHILE THEY'RE CONSTRUCTED THEIR PROJECT, UH, WHAT, IS THERE ANY RESTRICTION ON WHERE THE SIDEWALK IS LOADED LOCATED ON PUBLIC LAND? COULD YOU MAKE THE SIDEWALK CLOSE TO STREET AND THEN TURN IT BACK TO THE OTHER SIDEWALK? OR WOULD HE REQUIRE THE MATCHING THE OTHER SIDEWALK ALONG THE PROPERTY LINE? THAT'S FOR STAFF? THERE'S GONNA BE, UM, CIRCUMSTANCES IN WHICH, UM, THERE MIGHT BE SOME ADJUSTMENTS TO A SIDEWALK. AND WE SEE THAT IN, UH, OLDER AREAS WHERE, UH, THE, THE NEW SIDEWALK WILL CONNECT IN A WAY TO THE OLDER SIDEWALK, BUT IT MIGHT HAVE SOME SLIGHT ADJUSTMENT AND NOT BE A STRAIGHT LINE. WELL, THE REASON WHY I SAY THAT IS THAT THE NEW CITY CODE REQUIREMENTS FOR SIDEWALKS IS FOUR FEET, AND OBVIOUSLY THESE OLD SIDEWALKS ARE NONCOMPLIANT. UM, SINCE HE'S GOTTA MAKE A WIDER, IF HE'S GONNA MAKE A SIDEWALK, HE HAS TO MAKE IT WIDER, WHY COULDN'T HE JUST BRING IT BACK? SO HE WOULD ALLOW, BE ABLE TO PARK OF THE CAR ON, ON PUBLIC PROPERTY, BUT NOT ON THE SIDEWALK. RIGHT. I THINK THAT [00:50:01] I GOT MUTED, UM, WHEN I WAS SPEAKING, BUT DURING THE BUILDING PERMIT PROCESS, THOSE THINGS WILL BE EVALUATED TO SEE WHAT ADJUSTMENTS WILL BE MADE, UH, TO MAKE SURE THAT THERE IS A SIDEWALK THAT'S COMPLIANT WITH CODE, BUT AT THE SAME TIME, UH, HELPS TO MAKE SURE THAT, UH, A SUBSTANDARD LOT, A SMALLER LOTS, UH, STILL HAS THE OPPORTUNITY TO BUILD AND STILL PROVIDE A SIDEWALK. ALRIGHT, WELL, THAT, THAT'S VERY GOOD INFORMATION. I'M GLAD WE WERE ABLE TO GET IT ANSWERED. DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF CRUZ? UH, YES. MS. CRUZ, YOU'RE RECOGNIZED? UH, YES, SIR. FOR THE APPLICANT. UH, I JUST AM TRYING TO FIGURE OUT, I'M LOOKING AT THE PICTURE NOW WITH ALL THE TREES THAT ARE THERE. DOES THAT MEAN SOME OF THEM WILL HAVE TO BE CUT DOWN? UH, YES. UH, UNFORTUNATELY, UH, YOU KNOW, JUST THE FACT THAT THE, THE LOT IS, UH, SO SMALL. SO THIS LOT, FOR EXAMPLE, IS, IS, UH, 22 OR, YOU KNOW, 2200 SQUARE FEET A LITTLE OVER. UM, BUT ON A CORNER LOT LIKE THIS, WE LOSE, UH, WHAT, WHAT YOU WOULD NORMALLY LOSE ON A FRONT SETBACK, YOU LOSE IT TWICE, YOU KNOW, 'CAUSE BECAUSE, UH, YOU HAVE TO DO THAT ON BOTH, UH, STREET FACES. SO IN THIS CASE ON EL PASO AND TRINITY. SO THAT, THAT LEAVES US, UH, UH, AN EXTREMELY SMALL, UH, LITTLE AREA TO WORK WITH. UM, SO YEAH, UNFORTUNATELY, UM, YOU KNOW, IF WE ONLY HAVE THE FIVE FOOT SETBACK ON THE REAR AND THE SIDE, THOSE WOULD HAVE TO COME, COME OUT. SO WE WOULD HAVE TO MITIGATE THAT THROUGH THE, UH, CITY ARBORIST. YEAH, I'M JUST MAKING SURE. SO THAT WAY, UH, BECAUSE I SEE THE TREE RIGHT IN THE MIDDLE, BUT THE TREES TO THE RIGHT HAND SIDE OF WHICH IS BY THE GREEN. THE OTHER PROPERTY, ARE THOSE BELONGING TO THE ONE YOU'RE BUILDING ON, OR DO THEY BELONG TO THE NEIGHBOR? NO, I BELIEVE THOSE ARE ON THE NEIGHBOR'S, UH, HOUSE, ON THE NEIGHBOR'S PROPERTY. OKAY. IT'S JUST THAT THERE'S NO FENCE. LIKE, SO THERE'S SOMEONE ONE, OH, I DON'T WANNA DOUBLE CHECK. OH, YES, UH, YEAH, UH, THOSE ARE, THOSE ARE ON THE NEIGHBORS. THERE IS JUST THE ONE, UH, TREE THAT'S KINDA ALMOST, UH, YOU KNOW, RIGHT IN THE MIDDLE. RIGHT. THAT, THAT, THAT ONE WOULD HAVE TO DEFINITELY COME DOWN. YES. OKAY. ALL THANK YOU. BUT, BUT THE OTHER ONES ARE, ARE, ARE, ARE DEFINITELY ON ER'S, UH, PROPERTY. ALL RIGHT. THANK YOU VERY MUCH. YOU'RE WELCOME. ALRIGHT. DO WE HAVE BOARD MEMBERS WOULD LIKE REQUEST FROM THE STAFF OR, OKAY, THEN BEING THE CASE, THEN I'M GONNA CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION FOR THE APPLICANT WHO WOULD LIKE TO DO THIS MANNA. MR. MANNA, YOU HAVE THE FLOOR REGARDING CASE BO A 2 0 1 0 3 0 0 0 8 3. I MOVED AT THE BOARD OF ADJUSTMENT GRANT. THEY REQUEST FOR ONE, A VARIANCE OF THE MINIMUM LOT SIZE OF 4,000 SQUARE FEET TO ALLOW A LOT TO BE 2,304 SQUARE FEET. A FIF, UH, TWO, A 15 FOOT VARIANCE FROM THE REQUIRED 20 FOOT REAR SETBACK TO ALLOW NEW RESIDENT STRUCTURE TO BE FIVE FEET AWAY FROM THE REAR PROPERTY LINE SITUATED AT 7 2 7 SOUTH TRINITY STREET, APPLICANT BEING ELLA BRAY HOLMES. UH, BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, GIVEN THE LOT CONSTRAINTS, GRANTING THE VARIANCES STILL PROVIDES ADEQUATE ACCESSIBILITY TO LIGHT, AIR AND OPEN SPACE. THE NEIGHBORHOOD IS PREDOMINANTLY SURROUNDED BY SINGLE FAMILY RESIDENTIALS. SO THE REQUESTED VARIANCES ARE CONSISTENT WITH THE EXISTING USES IN THE COMMUNITY. TWO, DUE THE SPECIAL CONDITIONS, A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP DUE TO SIGNIFICANTLY REDUCING THE AMOUNT OF DEVELOPABLE SPACE ON THE LOT. THE LOT SQUARE FOOTAGE IS BELOW THE MINIMUM CODE REQUIREMENT, SO THE INTENDED DEVELOPMENT ON THE LOT WILL REQUIRE VARIANCES. THREE, BY GRANTING THE VARIANCES, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE SPIRIT LETTER OF THE LAW. THE INTENT OF THE SETBACKS AND LOT DIMENSIONS LIMITATIONS IS TO CREATE A UNIFORM NEIGHBORHOOD AND PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE. ALL INTENTS OF THIS LAW WILL BE OBSERVED IF APPROVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. THE VARIANCES WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES [00:55:01] SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCES WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ATTIC OF ADJACENT CONFORMING PROPERTY OR ALSO THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUESTED VARIANCES TO REDUCE THE LOT SIZE AND THE REAR SETBACK DO NOT POSE A RISK OF SUBSTANTIALLY INJURING OR ALTERING THE USE OF A CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT. THE VARIANCES WOULD NOT PLACE THE STRUCTURE OUT OF CHARACTER WITHIN THE COMMUNITY. SIX, THE APPLY TO THE OWNER OF THE PROPERTY FOR WHICH THE VARIANCES SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY AND UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE. THE CHARACTER OF REDUCED LOT SIZES WITHIN THE COMMUNITY IS TYPICAL, WHICH LEAVES A LITTLE ROOM FOR MEETING THE SETBACK REQUIREMENT AND A MOTION SECOND. WAS THAT MR OR? YES. OKAY. OKAY. ALL RIGHT. LET'S GO AHEAD AND OPEN THE DISCUSSION MR. MANNA. SO, UM, I WILL BE VOTING IN FAVOR OF THIS, UH, MOTION. UM, LOOKING DOWN THE STREET, I DO SEE THERE ARE OTHER SMALL LOTS THAT ARE, DON'T LOOK TO BE MUCH BIGGER. THIS, THAT ALSO SEEM TO AL ALREADY HAVE HOMES ON THEM. UM, IT DOES APPEAR THAT THE APPLICANT WILL HAVE SOME, SOME CHALLENGES, UH, WITH REGARDS TO THE PARKING, BUT, UH, THE PARKING SIDEWALK. BUT I BELIEVE THAT THOSE COULD BE OVERCOME. SO THEREFORE I WILL BE SUPPORTING THIS MOTION . YES. UH, I WILL ALSO BE IN SUPPORT. UH, YOU KNOW, AS MY COLLEAGUE JUST MENTIONED, THERE'S A, A NUMBER OF HOMES THAT ARE RELATIVELY SMALL LOT, UH, ON THE STREET AND, AND BLOCK FACE. AND, UM, I THINK THAT HIS, UH, PROPOSED PLAN IS GOING TO, UH, UH, ACCOMMODATE THE, UH, THE LOT SIZE, UH, LENGTH AND WIDTH, AND THE FACT THAT IT'S A CORNER LOT. UH, I ALSO LIKE THE FACT THAT THE, HE HAS FLUIDITY WITH THE, WHERE HE CAN PUT A SIDEWALK, HE CAN RUN IT ALONG THE CURB LINE AND THEN ANGLE IT UP TO TIE INTO THE EXISTING ONE. AND WITH REGARDS TO TREES, UM, IT'S QUESTIONABLE WHERE EXACTLY THOSE TREES ARE. IF THEY'RE ON, IF ALL THE TREES ARE ON WITH HIS PROPERTY OR SOMEONE ON HIS NEIGHBOR'S. BUT LIKE ALL PEOPLE WHO BUILD A HOME, HE'S GONNA HAVE TO PLANT A COUPLE TREES. SO I THINK THAT'S GONNA BE COVERED. SO I'M, I'LL BE IN SUPPORT . MR. BRAGG AND MS. BRAGMAN, GO AHEAD, KIMBERLY. YEAH, I'M ALSO GONNA BE IN SUPPORT OF THE MOTION. I THINK WE NEED TO CONTINUE LOOKING AT HOUSING AFFORDABILITY IN OUR CITY. AND THIS IS CERTAINLY ONE WAY OF ADDRESSING IT BY LOOKING AT SOME OF THE SMALLER LOTS OR, UH, MISSHAPED LOTS OR MISS SIZE LOTS AS OPPORTUNITIES TO BUILD MORE HOUSING. SO I WILL BE IN SUPPORT. VERY GOOD. DOES ANYONE ELSE HAVE ANY INPUT THEY'D LIKE TO OFFER? MR. HUMANA? OKAY, EVERYBODY ELSE HAS SPOKEN, SO I'M GONNA GO AHEAD AND CLOSE THIS, UH, TO THE PUBLIC THEN. I'M SORRY. LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. TEAL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. BREGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. ORIAN. UH, YES, I CONCUR WITH THE FINDINGS OF FACT. ALL RIGHT, MR. LOVE, I CONCUR. MR. DELMER, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINES OF FACT, UH, WITH NINE VOTES IF THE MOTION PASSES, UH, THE VARIS ARE APPROVED. UH, GOOD LUCK WITH YOUR PROJECT. UH, PLEASE CONTINUE AND, UH, WE HAVE OUR NEXT [5. 20-6074 BOA-20-10300091] CASE. I BELIEVE THAT FOR BOA 21 0 3 0 0 0 9 1 ADDRESS, 1 2 6 VIRA COUNCIL DISTRICT FIVE, APPLICANT SEAN BROWN, A REQUEST FOR A THREE FOOT NINE INCH VARIANCE FROM THE REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE FEET AND THREE INCHES AWAY FROM THE SIDE PROPERTY LINE. THE ZONING IS RESIDENTIAL MIX, SOUTH PRES STREET, SOUTH ST. MARY STREET, NEIGHBORHOOD CONSERVATION DISTRICT CASE SUMMARY. THE APPLICANT IS REQUESTING A SIDE SETBACK VARIANCE TO MAINTAIN A NEWLY BUILT ADDITION AND BACK PATIO WITHIN THE SIDE SETBACK. THE HOUSE WAS RECENTLY RENOVATED AND THE ADDITION WAS CONSTRUCTED FOR EXTRA LIVING SPACE. THE ORIGINAL STRUCTURE WAS BUILT 1930S. THAT IS ORIENTATION TO THIS NORTH SOUTH PROPERTY LINE. THUS, ANY ADDITIONS TO THE REAR OF THE HOUSE WILL NEED VARIANCES DUE TO THE CONTINUAL ENCROACHMENT [01:00:01] WITHIN THE SIDE SETBACK ON THE WEST SIDE OF THE PROPERTY. MANY LIGHTS, MANY LOTS ON VITROS STREET ARE OF SIMILAR DESIGN AND ORIENTATION WITH A CONSTRUCTION DATE AROUND THE 1930S. THIS IS THE SUBJECT PROPERTY AND THIS IS THE REAR ADDITION. LOOKING IN THE REAR, THIS IS THE SETBACK MEASUREMENT AND THE SIDE SETBACK ALONG WITH THE ADJACENT PROPERTY. I RECOMMENDATIONS, STAFF RECOMMENDS APPROVAL OF BO O A 2 1 0 3 0 0 0 9 1 BECAUSE OF FOLLOWING REASONS. ONE. THE REQUEST VARIANCE WILL NOT DETRACT FROM THE CHARACTER OF THE DISTRICT. TWO, ADEQUATE SPACE UTILIZED TO PREVENT STORMWATER RUNOFF, MAINTENANCE OF THE PROPERTY AND MAINTENANCE STRUCTURE WITHOUT TRESPASS. AND THREE, THE ORIGINAL OF THE ORIGINAL STRUCTURES OF ORIENTATION IS OFFSET COMPARED TO THE NORTH SOUTH PROPERTY. LINE. 24 NOTICES, ZERO IN FAVOR, ZERO IN OPPOSITION, AND NO RESPONSE FROM THE LACA NEIGHBORHOOD ASSOCIATION. THE APPLICANT SEAN BROWN IS ON THE LINE. SEAN, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. GOOD AFTERNOON. THIS IS SEAN BROWN. UH, 1 26 VITRA PLACE. THANK YOU FOR YOUR TIME. UM, AS YOU CAN SEE FROM THE PHOTOS, THIS HOUSE WAS BUILT RIGHT ON THE PROPERTY LINE. IT'S ORIGINAL, UH, CONSTRUCTION. AS PREVIOUSLY MENTIONED, MOST OF THE HOUSES IN THIS NEIGHBORHOOD ARE, ARE BUILT IN THE SAME MANNER. UH, SEEM TO BE ALL ON ONE SIDE OF THE PROPERTY LINE WITH A DRIVEWAY GOING ALONG THE, THE OTHER SIDE OF THE HOUSE. UH, THE HOUSE, UH, IS LIKE I'VE MENTIONED RIGHT ALONG THE PROPERTY LINE. SO THIS IS A MIRROR EXTENSION OF THE EXISTING HOUSE. UH, THERE WAS AN ADDITION THAT WAS DONE AND, UH, IN A PORCH. WE HAD A CONTRACTOR WHO FILED FOR THE PERMIT. UNFORTUNATELY, UH, DID NOT FILE FOR THE VARIANCE AT THAT TIME. WE DID NOT REALIZE UNTIL LATER THAT A VARIANCE WAS REQUESTED. IMMEDIATELY UPON FINDING OUT THAT A VARIANCE WAS NEEDED, UH, I FILED IT WITH THE CITY WITH THE PROPER DOCUMENTATION. UM, UNFORTUNATELY THE CONTRACTOR WHO WAS ON THIS HOUSE, UH, WALKED OFF OF IT AND WE'VE HAD TO, UH, CLEAN UP A LOT OF MESSES. UNFORTUNATELY, WE'VE BEEN WORKING WITH CITY INSPECTOR JOSEPH BURNELL, COMPLYING WITH ALL PERMITS, UM, ISSUES, UH, AND ANYTHING ELSE. SO AGAIN, WE'RE ASKING FOR THIS VARIANCE TO BE GRANTED. AS YOU CAN SEE FROM THE PICTURE, UH, UH, IT IS A MERE EXTENSION OF THE PROPERTY, UM, WHERE IT WAS ORIGINALLY CONSTRUCTED. UH, THANK YOU VERY MUCH. ALRIGHT. UM, THEN, UH, DO WE HAVE ANY PUBLIC COMMENT ON THIS PARTICULAR CASE? WE DO NOT. OKAY, THEN LET'S GO FOR THE BOARD. YOU, DOES ANYONE ON THE BOARD HAVE A QUESTION FOR THE APPLICANT OR STAFF? HOW IAN, MR. ORIAN, YOU, HAVE YOU RECOGNIZED YES. UH, STAFF? CAN YOU GO TO THE PICTURE WHERE YOU'RE SHOWING THE MEASUREMENT? SO IT LOOKS LIKE, UH, YOU'VE GOT THE ONE FOOT THREE INCHES, BUT WHAT ABOUT THE ROOF? UH, OVERHANG. IT LOOKS LIKE IT EXTENDS BEYOND THAT. I THOUGHT IF IT WAS LESS THAN THREE FEET, THAT THE ROOF OVERHANG WAS INCLUDED IN THE, IN THE SETBACK. THIS ONE WAS VERY CLOSE. ULTIMATELY, WHEN WE'RE OUT THERE, UM, AT THE MEASUREMENT ANGLE, IT LOOKED LIKE IT WAS BASICALLY RIGHT ON, IF NOT A LITTLE BIT, YOU KNOW, INSIDE THE PROPERTY LINE. BUT IS THAT AN, I'M JUST WONDERING IF THAT'S AN ISSUE WITH, WITH THE WAY THE CASE HAS BEEN APPLIED FOR. I THOUGHT I WAS UNDER THE IMPRESSION THAT IF YOUR ROOF OVERHANG EXTENDED WITHIN THREE FEET OF THE PROPERTY LINE, THAT THAT HAD TO BE INCLUDED WITH THE REQUEST. IS THAT TRUE OR AM I JUST MISTAKEN? YOU KNOW, THAT'S A VERY GOOD QUESTION, AND IT VARIES DEPENDING ON THE CIRCUMSTANCES. BUT THIS HOUSE, I BELIEVE HIS GRANDFATHER, AND IF THAT'S THE CASE, THEN ALL WE'RE REALLY TALKING ABOUT IS AN EXTENSION OF THE LINE OF LINE OF THE EXTERIOR OF THE HOME. THAT'S CORRECT. THAT'S WHAT WE, THAT'S WHAT WE, UH, ADVERTISED FOR, WAS FROM THE WALL TO THE FENCE. OKAY. I JUST WANT MAKE SURE THAT, YOU KNOW, THAT WASN'T GONNA BE AN ISSUE, UH, LATER ON. THAT'S ALL. OKAY. BUT I GUESS IF I'D HAVE A QUESTION ON THERE, WAS THIS, UH, THE BACK OF THE HOUSE EXTENDED OR WAS THAT AREA ORIGINALLY PART OF THE HOUSE? UH, BEFORE THE RECONSTRUCTION? THAT'S WHERE THE A YES, THE HOUSE WAS EXTENDED ON THE, WHERE YOU'RE LOOKING AT THE ROOF AND, AND THE WALL, THE WALL WAS JUST LITERALLY EXTENDED BACK. UM, AND THE ROOF WAS EXTENDED AS [01:05:01] WELL. SO IT'S, IT'S THE SAME, UM, EXCEPT THE SAME, I GUESS, LINE OF TRAVEL FROM THE FRONT TO THE BACK OF THE HOUSE, UH, WASN'T ENCROACHED ANY FURTHER. AND ACTUALLY THE FENCE, UH, WAS PUT IN ABOUT FOUR INCHES INSIDE THE PROPERTY LINE, UH, RUNNING ALONGSIDE THAT SIDE OF THE HOUSE. OKAY. THANK YOU VERY MUCH. NOW, ANY OTHER BOARD MEMBERS HAVE QUESTIONS? MANNA, MR. MANNA, THE OTHER FLOOR? SO PART OF THE DIALOGUE, UM, IS THAT, YOU KNOW, AS WE BUILD STRUCTURES, IT'S NOT SUPPOSED TO, UM, MOVE WATER ONTO ADJACENT PROPERTIES. AND THIS LOOKS LIKE IT'S SITTING RIGHT ON THAT PROPERTY LINE. AND SO ANY WATER RUNOFF WOULD APPEAR TO ROLL STRAIGHT ONTO THE PROPERTIES, INTO THE ADJACENT PROPERTY. SO, UM, SO WHAT IS, I GUESS WHAT IS GONNA BE THE MITIGATION TO PREVENT THAT FROM HAPPENING? PREVENT, PREVENT, PREVENT, PREVENT, PREVENT. THAT WOULD BE FOR THE APPLICANT, I BELIEVE. YES, IT WOULD BE. YES. AS FAR AS THE, THE WATER'S CONCERNED, IT'S, IT'S HIGHER ON MY PROPERTY AND IT ACTUALLY SLOPES TOWARDS THE DRIVEWAY. WE, UH, HAD A LANDSCAPE PERSON COME OUT AND WE, UH, BUILT UP THE, THE RIVER ROCK THAT YOU CAN SEE IN THE BACK, UH, WITH SOME CRUSH GRANITE. AND THE SLOPE ACTUALLY GOES, UH, FROM, I GUESS IF YOU'RE LOOKING AT THE BACK OF THE HOUSE FROM LEFT TO RIGHT, AND THEN IT GOES OUT THE BACK OF THE PROPERTY AND THERE'S A, UM, YOU KNOW, THAT, THAT'S, THAT'S THE FLOW OF THE, OF THE, THE SLOPE OF THE, OF THE LOT, I BELIEVE. MR. MANN'S QUESTION WAS RUN OFF FROM THE ROOF AND HOW THAT WILL, THE, THE ROOF IS ACTUALLY INSIDE THE FENCE ITSELF FROM THIS ANGLE. THE ROOF ACTUALLY DOES NOT HANG OVER THE FENCE. UM, IT IS INSIDE THE FENCE, AND AGAIN, THE FENCE IS ABOUT FOUR INCHES IN FROM THE PROPERTY LINE. SO WHEN IT, WHEN IT DRIPS, IT'S GOING TO DRIP INSIDE THE, BETWEEN THE FENCE AND THE HOUSE. MR. MATT, DOES THAT MEET YOUR REQUIREMENT? YES. YES. THANK YOU. THANK YOU. THANK YOU. ANY OTHER? I'M SORRY, WHO WAS SPEAKING? I JUST WAS SAYING SORRY, I DIDN'T UNDERSTAND HIS QUESTION AT FIRST, BUT I BELIEVE I ANSWERED IT. THANK YOU. ALL RIGHT. ANY OTHER, ANY OTHER BOARD MEMBER HAVE A QUESTION FOR THE APPLICANT OR STAFF? NONE. NOW WE HAVE NO PUBLIC COMMENTS. UH, THEREFORE I'M TO CLOSE THIS TO THE PUBLIC. ENTERTAIN A MOTION FROM THE BOARD. MS. CRUZ, I'M GONNA LET YOU TAKE THIS ONE. . THANK YOU, SIR. OKAY. REGARDING CASE NUMBER BO 8 21 0 3 0 0 0 9 1, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT REQUEST FOR A, FOR A THREE FOOT NINE INCH VARIANCE FROM THE REQUESTED FIVE FOOT SIDE SETBACK TO ALLOW A STRUCTURE TO BE ONE FOOT THREE INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 1 2 6 VERDICT APPLICANT BEING SEAN BROWN. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE U D C AS AMENDED WILL RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, GIVEN THE LOT CONSTRAINTS AND BUILDING ORIENTATION, GRANTING THE VARIANCES STILL PROVIDE ADEQUATE ACCESSIBILITY TO LIGHT AIR AND OPEN SPACE TO DUE TO SPECIAL CONDITIONS. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. A LITERAL ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP BY REQUIRING THE DEMOLITION OF THE ENTIRE STRUCTURE. FURTHER, IF AND FORTH, THE ORDINANCE WOULD SIGNIFICANTLY REDUCE THE AMOUNT OF DEVELOPABLE SPACE ON EACH SIDE, THE SMALL LOT CONFIGURATION, SO THE RESULT OF AN OLD SUBDIVISION AND THE LOTS ARE, AND THE LOTS ARE SIMILAR TO THE LOT SCHEME OF THE NEIGHBORHOOD. THREE, BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE INTENT OF THE SETBACK LIMITATIONS IS TO PREVENT FIRE SPREAD, ALLOW ADEQUATE SPACE FOR MAINTENANCE, AND ENCOURAGE PROPER STORM WATER DRAINAGE. ALL INTENTS OF THIS LAW WILL BE OBSERVED IF APPROVED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED FOR THE DISTRICT IN WHICH THE PROPERTY FOR WHICH THE VARIANCE IS SOUGHT IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF A USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED BY THE DISTRICT. FIVE. SUCH VARIANCE WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH [01:10:01] THE PROPERTY IS LOCATED. THIS VARIANCE WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OR CHARACTER OF ADJACENT CONFORMING PROPERTY OR CHARACTER OF THE DISTRICT. SPECIFICALLY, THE VARIANCE WOULD NOT PLACE THE STRUCTURE OUT OF CHARACTER WITHIN THE COMMUNITY. FURTHER, THE RESIDENTIAL STRUCTURE IS FOLLOWING THE DISTRICT NORM OF REDUCED SETBACKS FOR ALL HOUSES BUILT WITHIN THE AREA. SIX SUPPLY OF THE PROPERTY FOR WHICH THE VARIANCE IS SAW IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY. AND THE UNIQUE CIRCUMSTANCES WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE AND ARE NOT MERELY FINANCIAL, ARE NOT DUE TO OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER IS, AND IT'S NOT FINANCIAL IN NATURE. THE CHARACTER OF YOU SIDE TED BACKS DUE TO BUILDING ORIENTATION WITHIN THE DISTRICT IS UNIFORM, LEAVING LITTLE ROOM FOR PROPER TED BACKED AND A MOTION. OKAY. ALRIGHT, LET WHO SECOND THAT FIRST YOU GIVE IT TO KEVIN? I THINK IT WAS HIM. KEVIN. OKAY. ALRIGHT, UH, UH, LET'S GO AHEAD AND INSTRUCT THE DISCUSSION. MARIA, YOU HAVE THE FLOOR. OKAY, SIR. UM, I WILL, UM, GO AHEAD AND, AND CONCUR WITH THIS. I THINK IT WOULD BE A GOOD THING. UH, THE STRUCTURE LOOKS LIKE IT'S SOUND. UH, THE CONSTRUCTION WAS DONE VERY WELL EVEN THOUGH HE HAD PROBLEMS WITH THE CONTRACTOR, BUT I UNDERSTAND THAT PROBLEM, UH, AND I DON'T SEE, UH, HIM HAVING ANY PROBLEMS WITH ANYTHING IN THE FUTURE. THANK YOU. NO. OKAY. ANYONE ELSE WOULD LIKE TO ADD THEIR INPUT TO THIS DISCUSSION? UH, I WOULD ORIAN MR. ORIAN, GO AHEAD. YEAH, I'M, I'M, I'M IN FAVOR OF THIS, BUT I WOULDN'T, UH, LIKE FOR THE, UH, UH, MAKER OF THE MOTION IS TO ENTERTAIN A, UH, FRIENDLY AMENDMENT, TO CHANGE THE WORD, UH, TO ALLOW A STRUCTURE, UH, TO BE, UH, TO ALLOW THE EXISTING STRUCTURE AND ADDITION TO BE ONE FOOT THREE INCHES AWAY. OKAY. SO YOU'RE JUST BASICALLY CHANGING YOUR WORDS. WELL, I I JUST WANNA MAKE SURE IT'S NOT TIED TO THE ENTIRE SIDE PROPERTY LINE, SO THERE'S NOT, NOT GONNA BE ANY FURTHER ADDITIONS, BUT WHAT IS THERE NOW AND WHAT WAS JUST DONE, IT'S NOT A PROBLEM. OKAY. MARIA, DO YOU ACCEPT YOUR SUMMARY? YES. YES SIR. I CONCUR. OKAY, MR. LOVE, DO YOU AGREE WITH THAT AS WELL? YEP. VERY GOOD. ALRIGHT, THANK YOU THEN. UM, MOTION HAS BEEN OFFERED BY BRENDA. UM, THEREFORE, UM, ANY OTHER DISCUSSION ON THIS NECESSARY MANA, MR. MANNA? SO, UM, I WILL BE VOTING IN FAVOR. YOU, I WILL POINT OUT THAT THE ADJACENT PROPERTY, UM, ON THE, UH, OTHER SIDE OF THE FENCE, UH, THAT IS, APPEARS TO BE, UH, THEY HAVE A FAIR AMOUNT OF DISTANCE BETWEEN THE FENCE AND THE BUILDING ITSELF. SO, SO THERE SHOULD BE ADEQUATE ALLOWANCE FOR FIRE AND SAFETY, UM, MINIMALLY THROUGH THAT PROPERTY. UH, 'CAUSE THIS PROPERTY SEEMS LIKE IT'D BE A LITTLE BIT TIGHT. OKAY, VERY GOOD. ANY OTHER INPUT? NONE BEING THE CASE. LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. GEO? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA, I CONCUR WITH THE FINDINGS OF FACT, MS. BRAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE I CONCUR, MR. DELMER. I CONCUR. MR. ORIAN, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. THE MOTION CARRIES BY NINE VOTES. UH, GOOD LUCK WITH YOUR PROJECT AND, UH, THANK YOU FOR BRINGING THIS TO THE BOARD. AND I'M GOING TO CALL FOR A, UH, FIVE MINUTE, LET'S SAY A SEVEN MINUTE BREAK FOR, FOR, UH, FOR NEXT CASE. SO PLEASE MAKE SURE, UH, YOUR BEFORE SESSION. IT'S 2 27. ONE MOMENT, SIR. WAIT TO GO LIVE. HERE WE GO. WE'RE SET. [01:15:01] OKAY, I MEAN, ARE WE ARE READY TO GO? YES, SIR. LOOKS LIKE WE'VE GOT EVERYBODY BACK AS WELL. OKAY, SO WE'RE [6. 20-6072 BOA-20-10300093] GOING TO CASE NUMBER 0 9 3. THAT IS CORRECT, SIR. ZERO FOUR EAST WHITE. UH, OKAY, THIS IS B L A 21 0 3. 0 0 0 9 3 4 2 0 4 EAST WHITE AVENUE COUNCIL DISTRICT THREE APPLICANT, JANINE J THIS IS A REQUEST FOR A TWO FOOT SIX INCH VARIANCE FROM THE REQUIRED FIVE FOOT SIDE SETBACK TO ALLOW A DETACHED GARAGE TO BE TWO FEET AND SIX INCHES AWAY FROM THE SIDE PROPERTY LINE. UH, ZONING IS MULTI-FAMILY CASE. SUMMARY OF THE SUBJECT PROPERTY IS LOCATED ON THE NORTHERN SIDE OF SOUTHEAST MILITARY DRIVE IN THE WESTERN SIDE OF ROOSEVELT AVENUE. THE AREA IS PREDOMINANTLY SURROUNDED BY RESIDENTIAL STRUCTURES. THE APPLICANT IS REQUESTING GRANT APPEARANCE FROM THE MINIMUM SITE SETBACK TO BUILD A NEW GARAGE, TWO FEET SIX INCHES AWAY FROM THE SIDE PROPERTY LINE. THE APPLICANT STATES SET THE ORIGINAL GARAGE WAS CONVERTED INTO A LIVING SPACE, MAINTAINING A TWO FOOT SIX SIDE SETBACK, AND THE PROPOSED GARAGE WILL BE ALIGNED WITH THAT STRUCTURE. THIS IS THE SITE PLAN, THE SUBJECT PROPERTY, SUBJECT PROPERTY WITH THE EXISTING GARAGE AND SITE SETBACK, SUBJECT PROPERTY AND ADJACENT PROPERTY AND ADJACENT PROPERTIES. STAFF COMMEND RECOMMENDS APPROVAL OF BO O A 2 1 0 3 0 9 3 BASED ON FOLLOWING FINDINGS OF FACTS. ONE. ADEQUATE SPACE UTILIZED, PREVENT STORMWATER RUNOFF, MAINTENANCE, PROPERTY, AND MAINTENANCE OF THESE STRUCTURE WITHOUT TRESPASS. AND TWO VARIANCE WOULD NOT PLACE THE STRUCTURE OF CHARACTER WITHIN THE COMMUNITY. MAILED 24 NOTICES. 12 IN FAVOR, ZERO IN OPPOSITION. TWO RESPONSES IN FAVOR OUTSIDE THE 200 FOOT RADIUS AND NO RESPONSE FROM THE MISSION SAN JOSE NEIGHBORHOOD ASSOCIATION AND THE APPLICANT IS ON THE LINE. JEANETTE, UH, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD BEFORE YOU BEGIN. THANK YOU. THIS IS JEANETTE J I DO LIVE AT 2 0 4 EAST WHITE AVENUE, SAN ANTONIO. THANK YOU SO MUCH FOR ALLOWING US TO PRESENT THIS CASE. UH, MY HUSBAND IS SITTING BEHIND ME. UH, WE'RE WANTING TO BUILD A GARAGE TO PROTECT OUR VEHICLES. UH, WE USED THE EXISTING GARAGE THAT WAS BUILT ON THE PROPERTY WHEN IT WAS DEVELOPED IN THE EARLY 1920S AS LIVING SPACE, AND WE'D APPRECIATE YOUR CONSIDERATION IN THIS. THANK YOU. ALL RIGHT. UM, I'M, I'M GONNA ASSUME THAT, UH, THERE'S GONNA BE A NUMBER OF, UH, STATEMENTS FROM THE BOARD ON THIS AND THE QUESTION, BUT DO WE HAVE ANY PUBLIC COMMENT ON THIS CASE? NO, WE DO NOT. OKAY, THEN. SO BOARD, UM, I'M, I'M KNOW A NUMBER OF YOU CAN HAVE SOME QUESTIONS. SO, UH, WHO WOULD LIKE TO ASK THE FIRST QUESTION OF THE APPLICANT OR STAFF ORIAN? MR. ORIAN, YOU HAVE BEFORE? YES. UH, SO TO THE APPLICANT, IS THIS, UH, HAVE YOU DONE ANY WORK TOWARDS THIS ENDEAVOR OR IS THIS ALL STARTING FROM SCRATCH? UH, WE'LL BE STARTING FROM SCRATCH, BUT YOU HAVEN'T, YOU HAVEN'T BUILT ANYTHING YET. YOU'RE, YOU'RE DOING THIS THE RIGHT WAY? WOULD LIKE TO THINK SO, YES. OKAY. AND, UH, THIS CURRENTLY, WHAT IS YOUR, HOW MANY OFFITE OFF STREET PARKING SPACES DO YOU, DO YOU HAVE AT THIS POINT? AND HOW MANY WILL YOU HAVE AFTER THE CONSTRUCTION OF THE GARAGE? ARE YOU GAINING ANY OR IS IT A, ARE YOU, ARE YOU BREAKING EVEN? WE'RE BREAKING EVEN. UH, WE PARKED TWO CARS WHERE OUR PROPOSED GARAGE WOULD BE. THEY'RE JUST NOT COVERED. OKAY. AND, UM, ALL RIGHT, THANK YOU VERY MUCH. ALL RIGHT. UH, ANY OTHER, UM, BOARD MEMBER WOULD LIKE TO ASK A QUESTION? MADAM? MR. MANNY? DO HAVE A FLOOR. SO IS THE PROPOSED STRUCTURE GONNA BE ONE STORY OR, OR, UM, I, I GUESS IT'S ONE STORY, TWO STORY. WHAT IS YOUR PLAN THERE? UH, IT WOULD BE ONE STORY. OKAY. OKAY. THANK YOU. ALL RIGHT. DO IT. UM, ANY OTHER QUESTIONS FOR THE APPLICANT OR STAFF? SHALL [01:20:01] MICHELLE, GO AHEAD. UM, FOR THE APPLICANT, I'M JUST LOOKING AT THE SITE PLAN AND THEN ALSO THE PHOTO THAT SHOWS, UM, THERE'S A CARPORT CURRENTLY, UM, IN FRONT OF THE EXISTING STRUCTURE. IS THAT WHERE YOU'RE GOING TO PUT THE NEW GARAGE IS WHERE THAT EXISTING CARPORT IS? UM, I MAY HAVE LABELED IT WRONG. THERE'S NO CARPORT THERE NOW. THERE'S NO STRUCTURE THERE NOW. OKAY. I JUST, WE HAVE A CANOPY. THE CANOPY, THAT'S WHAT I'M TALKING ABOUT. YES, IT'S A TEMPORARY CANOPY. OKAY. IS THAT WHERE THAT'S WHERE THE NEW GARAGE WILL BE? YES. OKAY. THANK YOU. UH, ISN'T IT'LL BE COMING OFF THE EXISTING, UH, STRUCTURE THAT WAS THE GARAGE BEFORE OKAY. ATTACHED. I DID. OKAY. UM, ANY OTHER QUESTIONS FROM, FROM THE BOARD? YEAH, I, I'M SORRY, WHO ASKED THAT? MA? I HAVE ONE MORE QUESTION. I'M SORRY. ALL RIGHT, MR. MANNA, GO AHEAD. YOU HAVE FLOOR. SO, UM, ON, ON GOOGLE, IT SHOWS, UM, I GUESS THAT THE FENCE ENDS, LOOKS LIKE AT THE BACK OF THE CURRENT PROPERTY. UM, AND, AND THE CANOPY LOOKS LIKE IT'S ON THE OTHER SIDE OF THAT FENCE. SO, UH, ARE YOU GONNA BE MOVING THE FENCE UP, UH, WITH THIS ADDITION AS WELL, OR WHAT, WHAT'S THE PLAN FOR THE FENCE ALONG WITH THIS GARAGE? UM, NO WOODEN PRIVACY FENCE WILL STAY, UH, RIGHT NOW THAT CANOPY, BECAUSE OF THE WIDTH OF THE CANOPY, IT, IT IS AGAINST THAT FENCE, BUT THE STRUCTURE WILL COME OFF OF THE EXISTING STRUCTURE THAT'S THERE, THAT TWO STORY STRUCTURE THAT YOU SEE THERE IN THAT PICTURE. UM, WILL THE FENCE BE MOVED? THE, THE, THE FRONT OF THE FENCE THERE THAT, UH, UM, I GUESS THAT RUNS ALONG THE FRONT OF NO, THE FENCE, THE FENCE IS ALONG THE PROPERTY LINE. SO THE NEW STRUCTURE WOULD BE LIKE RIGHT THERE. THAT'S A GOOD PICTURE. AND, AND THE FRONT OF THE GR IN THE FRONT OF THE GARAGE, THEN WILL IT, WILL IT, UH, BASICALLY FACE THE STREET OR WILL BE A FENCE IN FRONT OF THE GARAGE AS WELL? UH, IT WILL FACE THE STREET, BUT IT WILL BE BEHIND OUR EXISTING DRIVEWAY GATE. THAT'S WHAT I WAS ASKING, SO VERY GOOD. OKAY. THANK YOU. ALL RIGHT. UH, ANY OTHER QUESTIONS FROM THE BOARD? I HAVE A QUESTION I'D LIKE TO ASK. I, I KNOW HERE THAT THE EXISTING STRUCTURE YOU HAVE THERE HAS A FRONT PORCH AREA AND A GUTTER THAT EXTENDS TO THE NEIGHBOR'S PROPERTY LINE. IS THAT ALL GONNA DISAPPEAR? THE PORCH AND THE, AND THE, UH, GUT? YES. UM, INTERESTING STORY THAT WHAT APPEARS TO BE AN EXISTING PORCH. WHEN THIS PROPERTY WAS, AND THIS IS A STORY I GOT FROM THE PREVIOUS OWNER, WHEN THIS PROPERTY, WHEN THAT GARAGE WAS FIRST BUILT, THE OWNER HAD A MODEL A OVER THE YEARS HE GOT NEW CARS AND THE CARS GOT LONGER. SO WE HAD TO BUILD THAT EXTENSION SO HIS CAR WOULD STILL FIT UNDER THOSE. THERE WERE SLIDING, THERE USED TO BE SLIDING DOORS THERE THAT WOULD INCREASE HIS GARAGE. ALL OF THAT IS GOING AWAY. OKAY. THAT EXPLAINS THAT. ALRIGHT. OKAY. ANY, UH, NO OTHER QUESTIONS? UM, AND THERE WAS NO PUBLIC COMMENT ON THIS, AND SO I'M GONNA HEAD, UH, MAY I ADD, DID, UH, DID STAFF ADVISE YOU THAT WE DID PETITION ALL OF OUR NEIGHBORS AND WE GOT 14 SIGNATURES IN SUPPORT OF OUR VARIANCE? I I BELIEVE THEY, DID THEY NOT COVER THE YEAH, I, I BELIEVE IT. LET SEE. DON'T WE AN NORMALLY COVER THAT POINT? I DON'T SEE IT ON MY CHART. YEAH, THERE'RE YES, WE, WE, WE SHOW THAT. OKAY, GOOD. THANK YOU. OKAY, SO I'M GOING AHEAD AND CLOSE THIS TO THE PUBLIC AND OPEN UP A, A, UH, MOTION FROM THE BOARD. IAN, MR. ORIAN, IT'S YOUR THANK YOU. UH, REGARDING CASE NUMBER BOA DASH 20 DASH 1 0 3 93. I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A REQUEST FOR A TWO FOOT SIX INCH VARIANCE FROM THE REQUIRED TO ALLOW A DETACHED GARAGE TO BE TWO FOOT SIX INCHES AWAY FROM THE SIDE PROPERTY LINE SITUATED AT 2 0 4 EAST WHITE AVENUE APPLICANT BEING JEANETTE J BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACT THAT WE HAVE DETERMINED SHOWED THAT THE PHYSICAL CHARACTER OF THE PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY AND WELFARE OF THE PUBLIC. IN THIS CASE, GIVEN THE HALF OF THE REQUIRED SETBACK AND PROXIMITY TO THE ADJACENT PROPERTY, RENTING THE VARIANCE STILL PROVIDES ADEQUATE ACCESSIBILITY TO LIGHT, AIR AND OPEN SPACE FOR BOTH THE SUBJECT PROPERTY AND THE ADJACENT PROPERTY. TWO, DUE TO SPECIAL CONDITIONS, A LITERAL [01:25:01] ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN AN, IN UNNECESSARY HARDSHIP. AN UNNECESSARY HARDSHIP WOULD RESULT FROM THE ENFORCEMENT OF THE ORDINANCE. THAT STRICT ENFORCEMENT WOULD RESULT IN NOT ALLOWING THE OWNER THE PROPERTY TO BUILD A PROPOSED STRUCTURE AS INTENDED AND MOVE THE ENTIRE PROPOSED STRUCTURE TO MEET THE SETBACK REQUIREMENT. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN THE STRICT LETTER OF THE LAW. THE INTENT OF THE SETBACK LIMITATION IS TO PREVENT FIRE SPREAD, ALLOW ADEQUATE SPACE FOR MAINTENANCE, AND ENCOURAGE PROPER STORMWATER DRAINAGE. ALL INTENTS OF THIS LAW WILL BE OBSERVED IF APPROVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF THE USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. THE REQUESTED VARIANCES VARIANCE WILL NOT PERMIT A USE NOT AUTHORIZED WITHIN THE DISTRICT. IT IS LOCATED IN FIVE SUCH VARIANCE WILL NOT SUBSTANTIALLY, SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE REQUESTED VARIANCE TO REDUCE A SIDE SETBACK WOULD NOT SUBSTANTIALLY INJURE OR ALTER THE USE OF THE CHARACTER OR OF ADJACENT CONFORMING PROPERTY OR CHARACTER, PROPERTY OR CHARACTER OF THE DISTRICT. THE PROPOSED UNIT WILL BE WITHIN THE REAR YARD NOT AFFECTING THE PUBLIC RIGHT OF WAY OR THE CLEAR VISION ORDINANCE. SIX, WHETHER THE OWNER OF THE PROPERTY FOR WHICH THE VARIANT IS SOUGHT IS DUE TO UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY, AND UNIQUE CIRCUMSTANCES ARE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL OR NOT DUE TO, OR THE RESULT OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE EITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT OR DUE TO THE OWNER, AND IT'S NOT FINANCIAL IN NATURE WILLING TO MAINTAIN THE EXISTING STRUCTURE. SIDE SETBACK LEAVES LITTLE ROOM FOR PROPER BUILDING SETBACK. END OF MOTION. SECOND. ALL RIGHT. WE HAVE A MOTION AND WE HAVE A SECOND FROM MR. MANA. MR. DORIAN, WE'D LIKE TO START THE DISCUSSION. SURE THING. UH, UH, I'M GONNA BE, UH, IN FAVOR OF THIS, UH, BECAUSE, YOU KNOW, THIS IS BEEN, THIS LAYOUT HAS BEEN LIKE THIS FOR OVER A HUNDRED YEARS. UH, CURRENTLY, UH, THERE IS A EXISTING CANOPY THAT'S GONNA BE REPLACED BY SOMETHING A LITTLE MORE PERMANENT AND A LITTLE FURTHER OVER AWAY FROM THE FENCE. UH, AND SINCE SO MANY OF THE NEIGHBORS ARE IN FAVOR, I'M, I WILL, I AM WHOLEHEARTEDLY IN FAVOR AS WELL. THANK YOU. VERY GOOD. UH, MR. MANNA, WOULD YOU LIKE TO ADD? I CONCUR WITH MY COLLEAGUE AND, UM, AND I THINK HAVING IT TOWARDS THE BACK, UH, UH, DOESN'T IMPACT THE NEIGHBOR AT ALL. SO I WILL BE VOTING IN FAVOR. THANK YOU. OKAY. AND ANYONE ELSE WANNA ADD TO THE DISCUSSION? SHALL MICHELLE? YES. I ALSO AM GOING TO BE VOTING IN FAVOR. UM, I REALLY APPRECIATE THAT THE APPLICANT TOOK THE TIME TO SPEAK WITH ALL OF THEIR NEIGHBORS AND TO DO THEIR HOMEWORK AND TO DO THIS IN THE RIGHT WAY, IN THE RIGHT ORDER. UM, AND I THINK THAT THIS IS REALLY GONNA IMPROVE THE PROPERTY FOR THEM AND FOR THE FUTURE. OKAY. ANYONE ELSE? ALL RIGHT, THAT BEING THE CASE, LET'S GO AHEAD AND TAKE A ROLL CALL VOTE. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT, MS. CRUZ. YES, I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. AMANDA. I CONCUR WITH THE FINDINGS OF FACT, MS. BREGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE I CONCUR, MR. DOMER. I CONCUR. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT A UNANIMOUS CHOICE OF ALL MEMBERS PRESENT. IT ALLOWS YOU TO HAVE THE VARIANCE AND, UH, GOOD LUCK WITH YOUR PROJECT. AND REMEMBER, WATER WILL NEED ONLY DRAIN ONTO YOUR PROPERTY. SO [7. 20-6073 BOA-20-10300087] LET'S GO TO OUR NEXT CASE, WHICH I BELIEVE IS OH, UH, 4 27 HILLS FOR BO EIGHT 20 DASH, UH, 1 0 3 8 7. THE ADDRESS OF 4 2 7 EAST BR AVENUE COUNCIL DISTRICT ONE APPLICANT SITE WORKS TEXAS L L C REQUEST FOUR. ONE, A SPECIAL EXCEPTION TO ALLOW AN EIGHT FOOT PRIVACY FENCE TO BE WITHIN THE FRONT PROPERTY. AND TWO, A VARIANCE TO ALLOW A PRIVACY FENCE TO BE WITHIN THE CLEAR VISION FIELD. ZONING IS RESIDENTIAL SINGLE FAMILY A SUMMARY. THE APPLICANT IS REQUESTING TO ALLOW A SOLID MASONRY WALL TO BE CONSTRUCTED WITHIN THE FRONT PROPERTY, SERVING BOTH AS A PRIVACY SCREEN AS WELL AS THE SOUND BARRIER FOR THE BR AVENUE TRAFFIC. THE CENTER MASONRY WALL THAT BEING FOUR FEET IN HEIGHT IS, IS PROPOSED TO BE BUILT IN THE MIDDLE OF THE FRONT BETWEEN THE TWO DRIVE APPROACHES. THIS WALL IS DESIGNED, DESIGNED TO BE WITHIN THE CLEAR VISION FIELD. THE EIGHT FOOT PORTION OF THE REQUEST WILL BE SOLID MASONRY WALL ALONG THE EASTERN SIDE OF THE PROPERTY. THE PORTION OF HILDERBRAND IN WHICH THE SUBJECT PROPERTY IS LOCATED DOES HAVE CONSISTENT RATE OF TRAFFIC IN MANY RESIDENCES ON [01:30:01] EAST HILLEBRAND AVENUE DUE TO, UH, DO UTILIZE SOME SORT OF SOUND BARRIER, WHETHER IT BE NATURAL VEGETATION OR MASONRY WALLS. CUT THE VISUAL AND AUDITORY DISTRACTION. AND THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY. THIS IS THE NEIGHBORING PROPERTY AS WELL AS THE SUBJECT PROPERTY. HAIL THE BRAND, AVENUE STAFF RECOMMENDS ALTERNATE RECOMMENDATION OF ONE, A SPECIAL EXCEPTION TO ALLOW A SIX FOOT PRIVACY FENCE BE WITHIN THE FRONT YARD IN BO O A 2 1 0 3 0 0 0 8 7 BASED ON FOLLOWING FINDINGS OF FACT. ONE, THERE ARE NO OTHER EIGHT FOOT SOLID MASONRY WALLS WITHIN THE VICINITY. AND TWO, A SIX FOOT PRIVACY FENCE ALLOWS ADEQUATE VISUAL AND AUDITORY PRIVACY. STAFF RECOMMENDS DENIAL OF TWO, A VARIANCE TO ALLOW PRICE DEFENSE TO BE WITHIN THE CLEAR VISION FIELD AND BO O A 2 1 0 3 0 0 0 8 7 BASED ON FOLLOWING FINDINGS OF FACT. ONE, DUE TO THE CONSISTENT RATES OF TRAFFIC ALONG EAST BR AVENUE AND TWO, UH, THE MASONRY WALL CAN BE CUT BACK ON BOTH SIDES ALONG THE DRIVER APPROACH, WHICH WILL ALLOW ADEQUATE FIELD OF VISION WHILE STILL MAINTAINING, KEEPING THE DESIGN AND FUNCTION AS INTENDED. NOW NOTE, 19. NOTICES NONE RECEIVED IN FAVOR, NONE IN OPPOSITION, AND NONE EVER DISSOCIATION. AND THE APPLICANT PRESENTATION FOR SITEWORK, L L C. UH, BEFORE YOU BEGIN, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. MY NAME IS BOBBY LER, M I C K L E R, AND I WORK WITH SITEWORK, TEXAS. AND I'LL BE REPRESENTING 4 2 7 HILDEBRAND 7 8 2 1 2. OKAY. CONTINUE ON TO PRESENT YOUR CASE. UM, WELL, I THINK AFTER I, I SAW WHAT THE CITY RECOMMENDED, WE'RE MORE THAN HAPPY TO MOVE THE, UH, SIX SLASH OR EIGHT FOOT WALL BACK TO THE FIFTH BEYOND THE 15 FOOT PROPERTY BOUNDARY. THAT IS NOT A PROBLEM AT ALL. WE CAN MOVE THAT BACK AND WE'LL LANDSCAPE THE FRONT OF THAT. UM, THAT'S REALLY WHAT WE'RE LOOKING FOR. UH, THE HOUSE NEXT DOOR TO IT, UM, ON THE LEFT HAND SIDE HAS A SIX FOOT, UH, FRONT WALL AND THEN A HOUSE UP ON THE CORNER OF THELMA AND HILDEBRAND, WHICH IS TECHNICALLY, UH, ONE STREET OVER OR ONE HOUSE OVER, HAS A, UH, A LARGE EIGHT FOOT, ALMOST 10 FOOT, UH, LIMESTONE WALL ON IT. AND SO WE'RE JUST ASKING FOR THIS ONE AREA TO BE ABLE TO HAVE AT LEAST A SIX FOOT, UH, UH, BARRIER BETWEEN THAT AND THE IN THE BACKYARD OF THIS HOUSE. OKAY. UM, DID YOU GIVE US AN ADDRESS FOR THE OTHER LOCATION YOU SAID HAD A 10 FOOT WALL? IT'S 1 0 9 THELMA. OKAY. I'M SURE SOMEONE SEVEN TWO ON MAP. YEAH. OKAY. DO WE HAVE ANY PUBLIC INPUT ON THIS CASE? WE DO NOT. WELL, THIS SHOULD MAKE IT A WHOLE LOT EASIER. DID WE STAFF, DID ANYONE BRING UP THIS, UH, OTHER ADDRESS THAT THE APPLICANT MENTIONED TO THE 10 FOOT FENCE? WE'RE DOING THAT RIGHT NOW, SIR. THANK YOU. GENERALLY SPEAKING, WHEN YOU HEAR ABOUT A 10 FOOT FENCE IN AN AREA SUCH AS THIS, IT PROBABLY WAS BUILT LONG BEFORE POST EXISTED, BUT, UH, WE CAN TAKE A LOOK AT IT AND SEE WHAT WE'RE SEEING. YEAH, IT PROBABLY WAS DONE MAYBE 20 YEARS AGO, SO 15 TO 20 YEARS AGO. AND OBVIOUSLY IT'S NOT ON A, THERE, IT RUNS THE LENGTH OF, UH, HILDERBRAND. IT'S 1 0 8 THELMA. OH YEAH, THAT'S A VERY OLD FENCE. I BELIEVE THAT'S ON ANGLE AREA OF THE STREET. OKAY. DOES THAT FALL INTO HUMAS PARK? I'M NOT SURE. IN MAY BE PART OF THE CITY PLAN, [01:35:02] JUDGING BY ITS PROXIMITY TO THE FRONT. NEVERTHELESS. LET'S GO AHEAD AND CONTINUE. UH, WE HAVE NO, UH, PUBLIC COMMENTS. DOES ANY OF THE BOARD MEMBERS HAVE ANY QUESTIONS WE'D LIKE TO ASK THE APPLICANT OR STAFF OR IN? OKAY, SO I CAN SEE THAT THE DEFENSE IS RIGHT CLOSE TO THE WATER TANKS FROM THE CITY OF B PARK. YEAH. OKAY, GO AHEAD MR. YEAH. SO FOR THE APPLICANT, UM, YOU'RE CALLING OUT, UH, YOU'RE PROPOSING, UH, THIS ZEMA, WHICH IS A SIX TO 20 FOOT TALL SHRUB SLASH TREE PLANTED SURROUNDINGS. UM, AND THE FENCE THAT YOU'RE PROPOSING, ARE YOU PROPOSING IT ALONG THE FRONTAGE AND, AND THEN IT, IT JIG JAGS BACK TO THE HOUSE? LIKE THAT'S ALL YOU ARE WANTING ALL THAT TO BE? EIGHT FOOT? UH, I D WHAT I WOULD LIKE IS INSIDE THE, THE, THE FENCE LINE TO HAVE THE XMA ON THE INSIDE OF WHEREVER WE DECIDE. IF WE MOVE THAT, THAT WALL BACK 15 FEET, THEN THEY WOULD PROBABLY PUT THE XYLOSE BEHIND, BEHIND THE WALL, AND THEN WE WOULD GO WITH WHATEVER RECOMMENDATIONS Y'ALL HAVE FOR ON THE, NO, BUT, BUT THE APPLICATION AS SUBMITTED, I'M TRYING TO ISOLATE WHERE EXACTLY YOU'RE WANTING. THE, THE EIGHT FOOT, UH, MASONRY WALL IS, IS IT STARTING AT THE 40 FOOT FRONT BUILDING SETBACK YARD LINE RUNNING DOWN THE SIDE PROPERTY LINE CUTTING OVER A PORTION? NO, GO AHEAD. NO, IT'S, IT'S, IT, IT'S LITERALLY, UH, UH, PARALLEL WITH THE HILDEBRAND STREET. SO WHEN IT, WHEN IT ON YOUR, ON THE SIDE PLAN SUBMITTED, WHEN IT GOES BACK TOWARDS THE HOUSE AND STARTS MAKING 90 DEGREE JIG JAGS, HOW TALL IS THAT GOING? EITHER SIX FOOT OR EIGHT FOOT SOLID MASONRY, SOLID MASONRY AND STAFF? IS THAT, IS, IS, WOULD THAT ALL THAT BE INCLUDED AS PART OF THIS, UH, APPLICATION OR WAS THE APPLICATION SOLELY FOR YEAH. YES. IT'S ALL IN THE APPLICATION, THE REQUESTS. OKAY. BECAUSE, AND THIS IS, THIS IS WHAT, WHERE I'M GETTING WITH THIS IS, YOU KNOW, YOU HAVE A, A UNIQUE HOME AND A UNIQUE AREA, UH, A LOT OF MASONRY WALLS, IT SEEMS LIKE, AND, AND YOU'RE NOT PROPOSING IT ACROSS THE WHOLE FRONTAGE, BUT, BUT THE PLAN SUBMITTED TO, AT THIS POINT IN TIME IS NOT, IS NOT, IS, IS REFLECTING A FENCE ALONG WITH THESE RELATIVELY TALL PRIVACY SHRUBS AND, AND IT'S THE SHRUBS AND SLASH TREES LOCATION IN RELATION TO WHERE YOU ARE WANTING TO PUT THE FENCE FURTHER COULD POTENTIALLY FURTHER REDUCE THE CLEAR VISION. AND SO IF YOU'RE TALKING ABOUT MOVING THE FENCE BACK 15 FEET, UM, I'M, I'M LOOKING FOR THE APPLICANT TO MAYBE MAKE AN AMEND OR A STATEMENT FOR THE RECORD ABOUT WHAT WE, WE WOULD BE VOTING ON. 'CAUSE IT WOULD BE, IT'S IMPORTANT TO ME TO KNOW, YOU KNOW, WITH RESPECT TO THE CLEAR VISION, FOR EXAMPLE, YOU KNOW, IT'S NOT JUST DEFENSE. NOW YOU'RE PUTTING THESE REALLY TALL, UH, PRIVACY TYPE SHRUGS IN ADDITION TO. SO IT'S REALLY NOT GONNA HAVE ANY VIEW, UH, DEPENDING ON WHERE EVERYTHING'S PLANTED. SO CAN YOU PLEASE CLARIFY, UH, OR YOU KNOW, WHAT YOU'RE, WHAT YOU'RE PROPOSING, ANY AMENDMENTS TO THE ACTUAL PROPOSAL? WELL, IF THE AMENDMENT WOULD BE, IF WE COULD HAVE EITHER THE SIX OR EIGHT FOOT WALL, WE WOULD PLANT ON THE INTERIOR OF THEM. SO THEY WOULD BE, UH, APPROXIMATELY THIR, THE PLANTING WOULD BE 13, UM, I'M SORRY, 18 FEET INTO THE PROPERTY LINE. WE'D PUT THE, UH, SIX OR EIGHT FOOT WALL ALONG THE, THE 15 FOOT STEP BACK OR THE 16 FOOT SET BACK FROM HILDEBRAND. SO ON THE EXTERIOR OF THE WALL, WE WOULD LEAVE THAT, UH, NOT PLANTED WITH ANY, ESPECIALLY NOT WITH XMA. IT WOULD BE LOW GROWING. IF GRASSES, SOME NATIVE GRASSES, WE'D PROBABLY PUT ON THE EXTERIOR OF THE WALL. OKAY. SO I JUST WANNA MAKE SURE, I JUST WANNA MAKE SURE FOR THE RECORD, BECAUSE IT'S, I MEAN, IF, IF YOU'VE ASKED FOR AN EIGHT FOOT RELATIVE, YOU KNOW, FOUR OR FIVE OR SO FEET AWAY FROM THE PROPERTY LINE ALONG HILDEBRAND, AND IF YOU'RE SAYING THAT, THAT YOUR APPLICATION, YOU, YOU WOULD LIKE TO AMEND AS THE APPLICANT TO MAKE IT 15 FEET BE BEFORE HILDEBRAND, THAT WOULD MAKE CLEAR VISION NOT BE A MOOT POINT. UH, BUT I, UH, DOES THAT, IS THAT ADEQUATE STAFF THAT HE, THAT STATEMENT THAT WAS JUST MADE TO MOVE IT BACK 15 FEET? THAT IS CORRECT. ONCE IT'S 15 FEET BACK FROM THE CURB, THE OUTSIDE CURB, THEN CLEAR VISION'S NO LONGER AN ISSUE FOR US. BUT CAN WE MOVE FORWARD TODAY KNOWING THAT, THAT THE ACTUAL APPLICATION BEFORE US FOR US TO REVIEW AND VOTE ON IS THAT IT'S NOW NO CLOSER THAN 15 FEET TO THE PROPERTY LINE? YES, SIR. AS LONG AS THE APPLICANT HAS IT ON THE RECORD, UH, WE CAN GO AND MOVE FORWARD WITH JUST, UH, THE SPECIAL EXCEPTION FOR THE FENCE HEIGHT AND NO LONGER ENTERTAIN THE ISSUE WITH THE CLEAR VISION. [01:40:01] OKAY. THANK YOU. ANYONE ELSE HAVE A QUESTION FOR THE APPLICANT OR STAFF? NONE BEING THE CASE. MANNA, MR. MANNA. THANK YOU. DO YOU HAVE A FLOOR? YEAH, SO, SO THERE'S A HOUSE THERE I GUESS THAT SITS AT THE CORNER OF HILDEBRAND AND, UM, UH, THELMA. AND SO THEIR DRIVEWAY, UM, UM, I GUESS HAS AN EXIT RIGHT HERE AS WELL. AND SO, SO I GUESS HAS CONVERSATION BEEN HAD WITH THAT NEIGHBOR AT 4, 3 3, UH, WITH REGARDS TO, UH, PUTTING UP THIS TALL FENCE? BECAUSE THAT WILL START TO IMPACT THEM, UH, WITH REGARDS TO THEIR VISION. UM, SO, SO WAS A CONVERSATION WITH YOUR NEIGHBOR? YES, BOTH NEIGHBORS HAVE BEEN CONTACTED BY OUR HOMEOWNER. UM, THE RESIDENCE AT 4 2 7 HILL DE BRAND AND THEIR POSITION, THEY'RE, THEY'RE FINE WITH BOTH OF THEM. 'CAUSE CURRENTLY RIGHT NOW THEY HAVE ACTUALLY SHRUBS ON THEIR PROPERTY, UH, THAT ACTUALLY ARE TALLER THAN WHAT WE'RE PROPOSING RIGHT NOW. AND SO THE 15 FOOTS ON THIS PICTURE RIGHT HERE, THAT'S SHOWING, THAT WAS SHOWING, UM, SO THE, SO THE PROPOSED FENCE ESSENTIALLY WOULD COME ALMOST TO THE, WHERE THOSE SHRUBS CURRENTLY ARE? IS THAT, IS THAT KIND OF WHAT I'VE COME TO UNDERSTAND HERE? NO, THE, SO A GOOD STANDARD IS, IS YOUR FOOT, IF YOU LOOK AT THE CENTER OF THE DRIVEWAY, THAT SMALL ISLAND THERE, WHERE WE HAVE THAT PROPOSED FOUR FOOT, THAT CURB, THE, THE CURB OF THAT DRIVEWAY IS ABOUT 15 FEET. SO WHAT WE WOULD BE DOING IS FROM THE EXISTING PLANES THAT WE HAVE RIGHT NOW, THAT FIRST, UH, RIGHT ANGLE IN THE WALL, THAT'S ABOUT YOUR 15 FOOT SET LINE, LINE OF SIGHT FROM YOUR CURB. SO, SO, UM, THE FENCE THEN WILL START BASICALLY, UM, CLOSER TO ALMOST HILDEBRAND AND THEN ZIGZAGGED BACK. IS THAT, IS THAT, NO, NO, NO. IT'LL, IT'LL BE CLOSER TO THE, THE HOUSE ITSELF. SO THAT, THAT ISLAND IN THE, IN THE EXISTING DRIVEWAY, THAT'S ABOUT 15 FEET. SO THAT LINE, IF YOU TOOK THAT LINE STRAIGHT ACROSS, THAT'S ABOUT WHERE THAT THE, THE NEW WALL WILL, WOULD START. OKAY. THANK YOU. AS A POINT OF REFERENCE. THANK YOU. ALRIGHT. DO WE HAVE, UH, ANY OTHER QUESTIONS? OKAY, NONE BEING THE CASE. I'M GONNA GO AHEAD AND CLOSE THIS TO THE PUBLIC AND ENTERTAIN A MOTION B AND, UH, BE SURE AND UNDERSTAND THAT THE APPLICANT HAS SOME OF THE RECOMMENDATIONS, CITY STAFF FOR AND DISTANCE FROM THE FIELD. YEAH. ORIAN. MR. ORIAN, YOU'D LIKE TO MAKE A MOTION? YES. UM, I'M ONLY GONNA BE MAKING A MOTION ON THE EIGHT FOOT PRI UH, ON, ON THE ISSUE OF THE PRIVACY FENCE. UM, SO REGARDING CASE NUMBER BO A DASH 20 DASH 3 0 0 0 8 7, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT A SPECIAL EXCEPTION TO ALLOW A SIX FOOT PRIVACY FENCE NO CLOSER THAN 15 FEET TO THE FRONT PROPERTY LINE OF THE PROPERTY SITUATED AT 4 2 7 EAST HILDEBRAND, APPLICANT BEING SITEWORKS, TEXAS L L C. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT A, THE SPECIAL EXCEPTION WILL BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE CHAPTER. THE ADDITIONAL FIDE IS INTENDED TO PROVIDE, TO PROVIDE SAFETY AND SECURITY OF THE APPLICANT'S PROPERTY. GRANTED, THIS REQUEST WOULD BE IN HARMONY WITH THE SPIRIT AND PURPOSE OF THE ORDINANCE. B, THE PUBLIC WELFARE AND CONVENIENCE WILL BE SUBSTANTIALLY SERVED IN THIS CASE. THESE CRITERIA ARE REPRESENTED BY FENCE HEIGHTS TO, TO PROTECT RESIDENTIAL PROPERTY OWNERS WHILE STILL PROMOTING A SENSE OF COMMUNITY. A SIX FOOT TOLL, UH, CLOSED FENCE, UH, NO CLOSER TO 15 FEET OF THE FRONT PROPERTY LINE, YET WITHIN THE FRONT YARD WILL PROVIDE ADDITIONAL SECURITY FOR THE APPLICANT'S PROPERTY. THIS IS NOT CONTRARY TO THE PUBLIC INTEREST. SEE, THE NEIGHBORING PROPERTY WILL NOT BE SUBSTANTIALLY INJURED BY SUCH PROPOSED USE. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND IS HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES. THE MATERIAL AND STYLE OF FENCE IS SIMILAR TO OTHER FENCES, AND IT'S NOT NOTICEABLE FROM THE RIGHT OF WAY. E THE SPECIAL EXCEPTION, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT AND AND LOCATION IN WHICH THE PROPERTY FOR WHICH THE SPECIAL EXCEPTION IS SOUGHT. THE FENCING DOES NOT DETRACT FROM THE CHARACTER [01:45:01] OF THE NEIGHBORHOOD. FENCING IS IN LINE WITH OTHER PRE-EXISTING FENCING MATERIAL. E SPECIAL EXCEPTION WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT OR THE REGULATIONS AREA AND ESTABLISHED FOR SPECIFIC DISTRICT. THE CURRENT ZONING FROM INSECURE USE OF A SINGLE FAMILY HOME, THE REQUESTED SPECIAL EXCEPTIONS WILL NOT WEAKEN THE GENERAL PURPOSE OF THE DISTRICT. END OF MOTION. ALRIGHT, WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WHO MA WHO MADE THAT? SHELL? OKAY, ERIC, WE SHARE, THIS IS STAFF IF WE CAN GET A CLARIFICATION. IS THAT 15 FEET FROM PROPERTY LINE OR 15 FEET FROM EDGE OF CURB? CLEAR VISION IS FROM CURB, BUT DURING THE MOTION PROPERTY, PROPERTY LINE WAS MENTIONED, UM, THAT IS, UM, I WAS BASING ON MAKE, BASING IT ON THE APPLICANT'S STATEMENTS THAT THE APPLICANT WAS SAYING 15 FEET AWAY FROM THE CURB. AND THAT'S WHAT I INTENDED THE MOTION TO BE. UM, THAT WORKS, SIR. THANK YOU. THANK YOU. OKAY. ALRIGHT. WE HAVE A MOTION, WE HAVE, LET'S START A DISCUSSION. MR. DURIAN? YES. UM, I, I, UH, AM NOT A OPPOSED TO IT AS THE EIGHT FOOT WAS TOO TALL. I THOUGHT I DIDN'T LIKE HAVING THE CLEAR VISION, UH, CON CONFLICT BECAUSE OF, UH, THE NEIGHBORING STREET COMES IN AT A, AT A, AT A GOOD ANGLE. AND IT WOULD BE, I DON'T THINK IT WOULD BE IN THE INTEREST OF SAFETY TO ALLOW FOR, UH, CLEAR VISION ISSUES AT THIS PARTICULAR ADDRESS. BUT, UM, DUE TO THE NATURE OF THE LOT AND THE ABUTTING PROPERTIES, I THINK A, UH, A LITTLE LARGER FENCE ON THAT SIDE OF THE, OF THE LOT WOULD BE, UH, UH, ACCEPTABLE FOR THIS AREA. SO AS I READ IT, IT'LL, I, I I WILL VOTE TO BE AN APPROVAL. OKAY. UH, MICHELLE, ARE, WOULD YOU LIKE TO ADD TO THIS? UM, YES, I CONCUR AND I, UH, I I THINK THAT IT REALLY MAKES SENSE TO HAVE A PRIVACY WALL IN THIS LOCATION. IT DOES SEE A LOT OF TRAFFIC AND WITH THE, UM, AMENDMENTS, IT, IT SHOULD BE SAFE ENOUGH FOR TRAFFIC AS WELL. VERY GOOD. UM, ANYONE ELSE LIKE TO MAKE A COMMENT? DELMER, MR. DELMER, HAVING LIVED IN ALMAS PARK MY ENTIRE LIFE IN THAT AREA, THEY'RE SIX FOOT MASONRY FENCES ALL OVER MONTE VISTA AS WELL AS ALMAS PARK. SO IT, IT FITS PERFECTLY, UM, IN MY MIND. UH, SO THANK YOU DONALD FOR, FOR MAKING THAT, UH, FOR THE APPLICANT. YOU'RE WELCOME. I JUST WANTED TO ADD ONE THING. CHAIR. UH, I DON'T RECALL SPECIFYING IN THE MOTION THAT IT WAS A MASONRY FENCE. IS THAT SOMETHING, UH, WE JUST HAD TO CLARIFY THE, UH, THE FACT IT WAS A, UH, UH, A SOLID, UH, SIX FOOT FENCE. OKAY. THANK YOU. IF THEY MAY CHOOSE A DIFFERENT MATERIAL, WHO KNOWS, BUT IT'S, THE POINT IS, THAT'S ALL WE'RE ALLOWING. WE'RE PUTTING NO CONDITIONS ON WHAT IT SHOULD BE UNLESS YOU WANNA STIPULATE AS WHAT WAS PRESENTED TO THE BOARD. UH, I WILL, UM, I I'M NOT GONNA CHANGE ANYTHING UNLESS ONE OF MY COLLEAGUES, UH, REQUEST IT. I DON'T THINK IT'S NECESSARY. OKAY. BECAUSE ALL YOU'RE DOING HERE IS YOU'RE ALLOWING A SIX FOOT FENCE IN THE FRONT OF, UH, ENCLOSED SIX FOOT FENCE ON THE FRONT OF THE PROPERTY, WHICH IS IN FRONT OF THE, SO YOU'RE RESTRICTING IT TO BE WITHIN, UH, 15 FEET OF THE STREET OR THE CURB, WHICH ALLOWS FOR CLEAR VISION TO BE COMPLIED WITH. SO WE DON'T HAVE TO MAKE AN EXCEPTION FOR THAT. UH, THEREFORE I THINK THAT WHAT YOU'VE DONE HERE IS A GOOD, UH, SOLUTION TO A PROBLEM THAT THAT NEIGHBORHOOD WILL HAVE. IT'S GOT A LOT OF TRAFFIC THERE AND I DON'T SEE A WHOLE LOT OF SOLUTION FOR IT. UH, AND THIS ONE SHOULD GIVE THEM A LITTLE BIT MORE PRIVACY AND NOISE ABSORPTION BEFORE GETS TO THE HOUSE. SO I THINK ALL IT'S A VERY GOOD MOTION. THANK YOU. UH, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE ON THIS. MICHELLE. I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. UH, YES, I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MANNA. I CONCUR WITH THE FINDINGS OF FACT. MS. RAGMAN, I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE CUR MR. DOMER. I CONCUR. MR. ORIAN. I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I'D GO THE FACT, UH, THE UNANIMOUS VOTE OF THE NINE BOARD MEMBERS PENDING, WHICH IS SUFFICIENT TO PASS THIS VARIANCE. UH, YOU HAVE PERMISSION TO SEEK A PERMIT AND GOOD LUCK WITH YOUR PROJECT. IT LOOKS LIKE A BEAUTIFUL, ALRIGHT, [8. 20-6071 BOA-20-10300092] OUR NEXT, UH, CASE BEFORE US [01:50:04] FOR BO O A 21 0 3 0 0 0 9 2 ADDRESS IS 1 8 2 1 5 BROOKWOOD FOREST COUNCIL DISTRICT NINE APPLICANT IS RAYMOND PRYOR. A REQUEST FOR A TWO FOOT AND A ONE AND A HALF INCH VARIANCE TO ALLOW PRIVACY FENCE TO BE UP TO EIGHT FEET AND ONE AND A HALF INCH TALL IN THE SIDE. AND REAR PROPERTY ZONING IS RESIDENTIAL. OKAY. SUMMARY. THE APPLICANT IS REQUESTING TO MAINTAIN AN EIGHT FOOT AND ONE HALF CALL JAPANESE. EXCUSE ME. HERE, I HAVE A QUESTION. STAFF BEFORE WE CONTINUE. I BELIEVE OUR LIMITATIONS OF BY RULE, UH, IS THAT WE CAN ONLY ALLOW AN EXCEPTION UP TO EIGHT FEET. DOES THIS ONE DIFFERENCE OR ONE INCH DIFFERENCE, DOES ONE HALF DIFFERENCE MAKE A DIFFERENCE OR YOU CONTINUE? SO WHEN YOU GO OVER EIGHT FEET, SIR, IT BECOMES A VARIANCE. SO THAT'S WHY WE, WE WENT WITH A VARIANCE ON THIS REGARD. UH, SINCE IT'S A LITTLE TALLER THAN EIGHT FOOT. OKAY. ALRIGHT. SO IT'S NOT AN EXCEPTION AND VARIANCE? NO. IN THIS CASE IT'LL BE JUST A VARIANCE. ANYTHING ABOVE EIGHT. OKAY. AND IT'S STILL THE REQUIRED ENGINEERING AND ALL THAT? YES. YES SIR. OKAY. ALRIGHT, CONTINUE. OKAY. TO MAINTAIN AN EIGHT AND HALF FOOT TALL JAPANESE SEAT FENCE ERECTED WITHIN THE SIDE AND REAR PROPERTY LINE, THE APPLICANT MAY INSTALL THE SOLID SCREEN FENCE WITHOUT OBTAINING A FENCE PERMIT. THE PROPERTY IS ABUTTING A COMMERCIAL PROPERTY ON THE REAR SIDE, THEREFORE, THE OWNER'S ABLE TO BUILD UP TO EIGHT FOOT TALL ALONG THE REAR PROPERTY LINE. THE APPLICANT STATES CONCERNS OF SECURITY AND HEADLIGHTS AND PARKING LOTS SHINING INTO THE HOUSE, REAR SIDE WINDOWS. UH, THE SUBJECT PROPERTY IS LOCATED WITHIN A GATED COMMUNITY AND DURING SITE VISITS, STAFF NOTICE A SIMILAR TYPE FENCE UTILIZED BY OTHER NEIGHBORS. THIS IS THE SITE PLAN. THIS IS THE SUBJECT PROPERTY, SUBJECT PROPERTY FENCE WITHIN THE REAR PROPERTY. THE MEASUREMENTS OF THE FENCE, THIS IS THE FRONT OF THE PROPERTY WITH THE FENCE AND THE SUBJECT PROPERTY'S, UH, ADJACENT NEIGHBOR WHO HAS THE SAME REQUEST COMING NEXT MEETING. THIS IS THE ADJACENT PROPERTIES. RECOMMENDATIONS STAFFING WITH APPROVAL OF BO O A 21 0 3 9 2 BASED ON THE FOLLOWING FINDINGS OF FACT NUMBER ONE, THE OFFENSES OF SIMILAR HEIGHTS DESIGN AND PURPOSE AS OTHER FENCES WITHIN THE GATED COMMUNITY. TWO, THE DEFENSE PROPERTY ACTS A BUFFER, THE SUBJECT PROPERTY. AND THREE, THE DEFENSE WILL NOT DET, UH, FROM THE CHARACTER OF THE NEIGHBORHOOD. MAIL 19 NOTICES. THREE IN FAVOR, ZERO IN OPPOSITION AND NO REGISTERED NEIGHBORHOOD ASSOCIATION. THE APPLICANT RAYMOND PRYOR IS ON THE LINE. RAYMOND, PLEASE STATE YOUR NAME AND ADDRESS UH, FOR THE RECORD. RAYMOND PRYOR, 18 2 1 5 BROOKWOOD FOREST, SAN ANTONIO, TEXAS 7 8 2 5 8. UM, SHOULD I GO MY CASE? OKAY, THANK YOU. UM, FIRST OFF, LET ME APOLOGIZE TO THE BOARD. UH, WE HAD GONE TO THE H O A AND HAD SPOKEN TO A FENCE COMPANY. IGNORANCE IS NO, UH, EXCEPTION TO THE RULES. HAD WE KNOWN, UM, WE WANTED AN EIGHT FOOT FENCE AS STATED BELOW BECAUSE LIGHTS WERE COMING IN FROM THE BACK AND THE SIDE. THE COMMERCIAL ON THE BACK HAS DEVELOPED QUITE SUBSTANTIALLY OVER THE LAST FIVE YEARS. UM, AND WE WOULD'VE GONE THROUGH PROPER PROCESSES AND PROCEDURES HAD WE KNOWN. SO I APOLOGIZE FOR THAT. WE'D SPOKEN TO NEIGHBORS ON BOTH SIDES OF US. UH, BOTH LUKE AND DAVID HAVE AGREED. UM, AND YOU KNOW, IT, IT'S PRETTY, WE DIDN'T MEAN FOR IT TO BE OVER EIGHT FOOT, THAT EXTRA INCH AND A HALF AS A VARIANCE FROM THE BUILDER. UM, WE ARE PUTTING SOME NEW SOD DOWN, WHICH WILL EAT IN SOME OF THAT AND A HALF. UH, BUT I DO APOLOGIZE FOR IT. IT BEING AN INCH AND A HALF TALLER. UM, WE TAKEN IT DOWN, WOULD CREATE HARDSHIP. UH, AND IT DOES LOOK NICE AND OUR NEIGHBORS ARE IN FAVOR OF IT. I'VE ACTUALLY SPOKEN TO VARIOUS NEIGHBORS ABOUT THIS AS WELL, AND, AND THEY'RE ALL FINE WITH IT. UM, I DON'T KNOW WHAT ELSE TO TO SAY OTHER THAN, UH, WE SHOULD HAVE CLEARED AHEAD OF TIME. UH, WE THINK IT'S A NICE FENCE AND IT DOES OBSTRUCT THE, THE HEADLIGHTS FROM BOTH THE BACK END, THE SIDE FROM ENTERING THE HOUSE. OKAY. UM, DO WE HAVE ANY, UH, PUBLIC INPUT ON THIS CASE? WE, WE DO. WE HAVE RECEIVED LETTERS. ALRIGHT, WOULD YOU LIKE TO ENTER THOSE INTO THE RECORD PLEASE? YES. OUR FIRST LETTER FROM [01:55:01] CHIEN, I'M IN FAVOR OF PROVING THIS REQUEST SINCE THIS WILL PROVIDE MORE PRIVACY TO THE HOMEOWNER AND DOES NOT INTERFERE WITH THE RIGHTS OF ANY CLOSE BY NEIGHBORS. LETTER TWO BY CHRISTINE ZINK. I THINK DEFENSE IS FINE AND SHE'S IN FAVOR. LETTER THREE FROM KURT HORN. DEFENSE LOOKS GOOD. NO ISSUE WITH ME. I'M IN FAVOR. AND THAT IS ALL THE LETTERS. OKAY. UH, WE HAVE NO OTHER, UH, PUBLIC INPUT. WE DO NOT. ALRIGHT. BOARD, UH, DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT OR STAFF? NANA, I HAVE A QUE I HAVE A QUESTION IF, IF ANYONE CAN THINK ABOUT THIS AS I ASK MY QUESTION. I MEAN, GENERALLY SPEAKING, ALL LICENSED CONTRACTORS, CITY OF SAN ANTONIO ARE REQUIRED TO UNDERSTAND THE RULES PROCEDURE IN CITY OF ANTONIO IN ANY REPUTABLE LICENSED FENCING COMPANY WOULD ADVISE YOU THAT IS ILLEGAL TO BUILD A FENCE CAR SIX FEET WITHOUT SPECIAL PERMITTING IN THE CITY OF ANTONIO. ALSO, MAKE NOTE THAT I'M LOOKING AT THE NAIL PATTERN OF THIS, UH, COMPANY THAT DID THE WORK. UH, THEY OVER COUNTER SUNK THE NAILS ON THIS FENCE AND I WOULD SUSPECT THAT YOU'LL PROBABLY BE CONTACTING WITHIN THE NEXT YEAR OR TWO TO REPLACE SOME BOARDS THAT WERE GONNA COME LOOSE BECAUSE THEY'RE OR NAILED WAY TOO DEEP. THEY'RE APPARENTLY USED POWER EQUIPMENT THAT WAS NOT SET APPROPRIATELY FOR THE NAILS THAT ARE BEING USED ON THIS FENCE. AND UH, SO I WANTED TO MENTION THAT BECAUSE I'M SURE PEOPLE ARE GONNA ASK YOU WHO DID THE FENCE AND YOU'RE GONNA WANT TO BE ABLE TO AT LEAST FEEL UNCOMFORTABLE WITH WHAT YOU'RE GONNA BE ABLE TO. ANY OTHER QUESTIONS FOR THE BOARD? MANNA, MR. MANNA? SO, UM, SO IS THERE REQUEST HERE THAT THAT A HUNDRED PERCENT OF THE FENCE, I GUESS IN THE COMPLETE BACKYARD IS GOING TO BE EIGHT FOOT? AND I GUESS THAT WAS THE FIRST QUESTION. AND THE SECOND IS THAT, UM, YOU KNOW, IF ADJOINING NEIGHBORS ARE ALSO SEEKING TO PUT AN EIGHT FOOT FENCE, IS THAT GOING TO MITIGATE THE REQUIREMENT TO HAVE THE SIDE FENCES BE EIGHT FOOT? UH, SIMPLY BECAUSE THE WHOLE BACK WILL BE EIGHT FOOT, WHICH IS PREVENTING THE PROBLEM OF THE LIGHTS GOING, GOING OVER I GUESS FROM THE PROPERTY OR FROM THE BACK PROPERTY? COMMERCIAL PROPERTY? WELL, THEY'RE ENTITLED TO MY UNDERSTANDING, THEY'RE ENTITLED TO AN EIGHT FOOT LONG COMMERCIAL PROPERTY. THE SIDE FENCE AND THE RETURNS ARE THE QUESTION THAT REALLY THAT, UH, PLUS THE FACT THAT THEY, THE CITY STAFF MEASURE THIS INCH AND A HALF OVER, WHICH AS THE APPLICANT ADVISED THAT ONCE THEY PUT SOME SOD, THAT MIGHT BE A MOOT POINT. BUT THE, UH, REALITY IS THE SIDE AND, AND THE RETURNS TO THE HOUSE BEING ABOVE SIX FEET ARE WHAT WE'RE GONNA BE OFFERING AT THE VARIANCE AT THIS PARTICULAR TIME. SO I GUESS MY QUESTION TO THE, TO THE, UM, APPLICANT HERE IS THAT IF ALL OF THE NEIGHBORS PUT IN, UM, AN EIGHT FOOT FENCE ACROSS THE BACK OF THE PROPERTY AS PERMITTED, UM, WOULD THAT PREVENT THE REQUIREMENT OF HAVING THE SIDE FENCES, THE EIGHT FOOT AS WELL? YES. THEY'RE, THEY'RE ALL GONNA HAVE TO GET A PERMIT. YES, I I I WOULD, I WOULD AGREE. BUT WOULD IT PREVENT THE LIGHTS FROM SHINING OVER IF EVERYBODY IN THE BACK HAD AN EIGHT FOOT FENCE VERSUS HAVING THE, THE SIDE FENCES ALSO BE EIGHT FOOT? I GUESS THE QUESTION I'M ASKING IS THE SIDE FENCES NEED TO BE EIGHT FOOT. IF EVERYBODY HAS AN EIGHT FOOT FENCE ACROSS THE BACK OF THE PROPERTIES. IF, IF EVERYBODY HAD AN EIGHT FOOT FENCE ACROSS THE BACK OF THE PROPERTY, I THINK THAT WOULD GREATLY REDUCE. UM, IT'S ON A SLIGHT HILL GOING UP. UM, SO IT WOULD GREATLY REDUCE THE LIGHTS COMING INTO THE BACK, BUT ALL OF THE NEIGHBORS DO NOT HAVE EIGHT FOOT FENCES. AND THANK YOU FOR POINTING OUT THE, UH, THE GRADE DIFFERENCE THERE. SO THAT'S IMPORTANT. THANK YOU. OKAY, ANY OTHER QUESTIONS, DORIAN? MS. DORIAN? SO I HAVE A COUPLE QUESTIONS. ONE, UH, ONE FOR STAFF. UH, THIS IS WITHIN A PUD DID THE PUD PLAN ADDRESS ANY ADJUSTMENTS TO THE FENCE SITES? I KNOW THAT OUR CODE DOES ALLOW A PUD PLANS TO DO THAT. IS WAS THAT VERIFIED? YES, SIR. IT, IT DID NOT. UM, OKAY. YEAH, SO THAT'S WHY THEY'RE HERE. AND THEN FOR THE APPLICANT, UH, YOU HAD MENTIONED THAT THERE WAS GRAY CHANGES. UH, THERE'S AN EXEMPTION IN THE CODE THAT IF YOUR FINISHED FLOORS, I THINK ARE FOUR FEET OR MORE APART THAT YOU HAVE SOME ALLOWANCES FOR A LARGER FENCE. IS IT, DO YOU THINK THAT THE FINISHED FLOORS OF THE ABUTTING HOMES AS YOU DRIVE DOWN BROOKWOOD FOREST SUCCEED, UH, OR ARE OR NEAR FOUR [02:00:01] FEET INDIFFERENT? UM, IF YOU TOOK, I'M NOT QUITE SURE HOW TO ANSWER THAT. SO I WILL SAY THE FOLLOWING, IF YOU TOOK THE SLAB THAT OUR HOUSE IS BUILT ON UHHUH AND TOOK LIGHT OF THAT SLAB AND WALKED IT TO THE BACK OF OUR PROPERTY WHERE THE FENCE IS BUILT, THE SLAB OF THE HOUSE IS MOST LIKELY ABOUT THREE TO THREE AND A HALF FEET HIGHER, UH, WHERE THE HOUSE SITS THAN THE BACK OF THE PROPERTY LINE, BUT NOT NECESSARILY THE ADJACENT HOMES BECAUSE THE ADJACENT HOMES ARE ON THE SAME PLANE. BUT IT DOES, IT DOES THE, THE THE RUNOFF, THE, THE PROPERTY LINE DOES GO DOWN TO THE BACK OF THE PROPERTY AS YOU GET TO THE BACK FENCE. OKAY? YES, SIR. AND SO YOU'RE, AND YOU'RE PROPOSING AN EIGHT FOOT FENCE. 'CAUSE WE HEARD, WE HEARD, UH, THAT YOUR NEIGHBOR'S GOING TO BE COMING BEFORE US, BUT, OR IF YOU HAVE AN EIGHT FOOT FENCE IN THE, ON THE FRONT FACING THE STREET, UH, IS, DOES THAT MEAN THAT WITHOUT IT LOOKING OFF ALMOST EVERYBODY AS YOU GO DOWN THE STREET IS GONNA HAVE TO HAVE AN EIGHT FOOT FENCE FRONTING THE STREET? IS THAT TRUE OR NOT TRUE? UM, I, I, I DON'T KNOW THAT THAT'S TRUE. I KNOW THAT MY NEIGHBORS ON EACH SIDE OF ME, LEWIS AND DAVID MM-HMM. ARE IN FAVOR OF FOOT FENCE. AND I KNOW THAT THE HOMES HAVE GOOD SEPARATION BETWEEN THEM SO THAT IF THREE HOMES IN A ROW HAD AN EIGHT FOOT FENCE, BUT THE TWO HOMES ON EITHER SIDE OF THEM DECIDED THEY WOULDN'T WANT AN EIGHT FOOT FENCE, THEY PUT UP SAY A SIX FOOT FENCE, IT WOULD NOT LOOK ODD WITH THAT DIFFERENCE SEPARATED BY A HOME. OKAY. UM, AND IS, AND HAS THE, HAS THE H O A CHIMED IN WHETHER THEY WERE IN FAVOR OF THIS OR THEY, OR NOT? THE, THE H OA SIR, THE H O A APPROVED IT WITH NO CHANGES, UH, REQUESTED OR CITED? WE SENT IT IN, THEY SENT US BACK AN APPROVAL. OKAY. NO, THAT'S, I MEAN I'M, I AM VERY FAMILIAR WITH THE AREA I LIVE UP THE STREET FROM NOT IN YOU AT A LITTLE BIT TO THE WEST, AND I, I KNOW THAT THAT COMMERCIAL AREA CAN BE A HAVEN FIRST SOME NOISE AND, AND, AND LIGHT. SO I MEAN, I, I GET IT. I JUST, I'M JUST TRYING TO FIGURE OUT, YOU KNOW, HOW, HOW, YOU KNOW, AS FAR AS THE SIDE AND THE FRONT, I MEAN THE REAR, I, I COMPLETELY UNDERSTAND, BUT I'M JUST TRYING TO GET A HANDLE ON HOW I, HOW I'M LOOKING AT THE, THE SIDE SENSING. THAT'S ALL. BUT THANK YOU VERY MUCH. THERE, THERE, THERE ARE SOME OTHER HOUSES IN THE NEIGHBORHOOD THAT HAVE AN EIGHT FOOT FENCE WITH A NEIGHBORING FENCE AT SIX FOOT. UH, AND IT, AND IT LOOKS OKAY. NOBODY HAS COMPLAINED WELL, TO THE WEST, TO THE WEST OF YOUR PROPERTY. YOU'RE, YOU'RE NO LONGER IN FRONT OF THAT COMMERCIAL. YOU'RE IN FRONT OF SOME OF THE DRAINAGE IN, UH, INFRASTRUCTURE. UH, CORRECT. I MEAN, LIKE YOU, YOU'RE PRETTY MUCH RIGHT ON THE LINE. YOUR HOME AND THE HOME FOR THE EAST OF YOU ARE THE ONES THAT ARE, ARE REALLY GETTING HIT BY THE, THE LIGHT AND NOISE FROM THE ABUTTING COMMERCIAL, IS THAT CORRECT? ASSESSMENT? THAT IS CORRECT, YES. OKAY. AND, AND THERE'S ANOTHER BETWEEN US BEFORE THE DRAINAGE AND HE WANTS TO PUT UP A LARGER FENCE AS WELL. OKAY. UM, THANK YOU VERY MUCH. MM-HMM. . ALRIGHT. JUST FOR CLARIFICATION, STAFF, UM, AREN'T RESIDENTIAL HOMES THAT ABUT A COMMERCIAL LOT ALLOWED FLEXIBILITY OF PUTTING UP A FENCE, PRIVACY FENCE TO THE ADJACENT TO COMMERCIAL PROPERTY? THAT IS CORRECT. UH, FOR THE REAR PORTION ONLY, UH, THE SIDE FENCING, UM, THAT, YOU KNOW, YOU WOULDN'T BE ABLE TO DO THAT THERE, BUT YES, THE REAR FE YOU CAN'T. OKAY. SO THE POINT OF THE REAR FENCE IS REALLY NOT A BIG, BIG POINT OTHER THAN HE DID IT WAS SEATED BY INCH A QUARTER. YEAH. OR . BUT NEVERTHELESS, THE POINT IS THAT EVERYONE ON THAT STREET WOULD BE ENTITLED TO HAVE AN EIGHT FOOT FENCE THAT IS, UH, EXPERIENCED, UH, OR IMMEDIATELY ADJACENT TO COMMERCIAL PROPERTY ON THE REAR OF A PROPERTY ELEMENT. AND THEY WOULD STILL NEED A VARIANCE IN THIS CASE, OR AN EXCEPTION TO AN ACRE FENCE, UH, FOR ANY HOME, UH, ADJACENT TO THAT, UH, ON THE SIDES OR, AND THE RETURNS OF THE HOUSE, UH, WHICH WOULD STILL BE CALLED THE SIDE OF THE HOUSE. THAT THAT'S THE ONLY REASON WHY THEY'D HAVE TO COME BEFORE THE BOARD, THE EIGHT FOOT FENCE THEY WOULD AUTOMATICALLY GET BECAUSE AGAINST COMMERCIAL PROPERTY? YES, SIR. THAT'S CORRECT. OKAY. SO THAT, THAT HELPS CLARIFY WHAT WE'RE DEALING WITH RIGHT HERE. UM, BECAUSE I, I DO KNOW THAT A LONG COMMERCIAL PROPERTY, THERE IS AN EXCEPTION FOR NATURE DEFENSE, UH, OR TALLER, DEPENDING ON WHAT THE CIRCUMSTANCE IS, UH, LOT HERE. BUT, UH, I, I BELIEVE, IF I'M NOT MISTAKEN, THIS AREA HERE IS NOT, DOES [02:05:01] NOT SHOW A, A HILLY LOCATION, BUT THE PROPERTY DO, UH, DRAIN PARTICULAR DIRECTION, I THINK IT, IT ALL DRAINS TOWARD THE COMMERCIAL PROPERTY. SO ANYWAY, UM, ANY OTHER QUESTIONS FROM THE BOARD? SO WHAT WE'RE GONNA BE DOING HERE IS WE'RE GONNA BE, UH, PASSING OR TAKING A MOTION, UH, FOR THE, UH, EIGHT, EIGHT FOOT, TWO FOOT OR ONE INCH. ONE AND A HALF INCH. AND THAT'S WHAT WE'RE GONNA BE VOTING ON, CORRECT? THAT IS CORRECT. AND THAT'S FOR THE SIDE AND REAR PROPERTY LINE, UH, BECAUSE OF THE HEIGHT. SO IN THIS PARTICULAR TIME, I THINK, UH, IF THERE'S NO FURTHER INPUT, NO DISCUSSION. AND THE MOTION THAT WAS HAS NOT BEEN MADE YET? NO. DO WE HAVE A MOTION BRAGMAN? OKAY, GO AHEAD. OKAY, THANK YOU. REGARDING CASE NUMBER BO O A DASH 20 DASH 1 0 3 92, A MOVE OF THE BOARD OF ADJUSTMENT GRANT, A REQUEST FOR A TWO FOOT, ONE AND A HALF VARIANCE TO ALLOW A PRIVACY FENCE TO BE UP TO EIGHT FOOT, ONE AND A HALF INCHES TALL IN THE SIDE AND REAR OF PROPERTY, SITUATED AT 1 8 2 1 5 BROOKWOOD FOREST, APPLICANT BEING RAYMOND PRYOR. BECAUSE THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF UNIFIED DEVELOPMENT CODE AS AMENDED WOULD RESULT IN AN UNNECESSARY HARDSHIP. SPECIFICALLY, WE FIND THAT ONE, THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST. THE PUBLIC INTEREST IS DEFINED AS THE GENERAL HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. THE ADDITIONAL FENCE HEIGHT IS INTENDED TO PROVIDE ADDITIONAL SECURITY AND SAFETY FOR THE APPLICANT'S PROPERTY. IN THIS CASE, GIVEN THE LOT'S LOCATION OF BUDDING A COMMERCIAL PROPERTY, THE VARIANCE FOR EIGHT FOOT ONE AND A HALF INCH SOLID SCREEN FENCE NOT CONTRARY TO THE PUBLIC INTEREST. TWO, TWO. DUE TO SPECIAL CONDITIONS, A LITTLE ENFORCEMENT OF THE ORDINANCE WOULD RESULT IN UNNECESSARY HARDSHIP. LITERAL ENFORCEMENT WOULD REQUIRE THAT THE OWNER REMOVE A PORTION OF THE ALREADY CONSTRUCTED FENCE AND UNNECESSARY HARDSHIP. THREE. BY GRANTING THE VARIANCE, THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIAL JUSTICE WILL BE DONE. THE SPIRIT OF THE ORDINANCE IS THE INTENT OF THE CODE RATHER THAN STRICT LETTER OF THE LAW, THE INTENT OF THE FENCE, HEIGHT REQUIREMENTS TO PROVIDE AMPLE SECURITY AND SAFETY WHILE ESTABLISHING MINIMUM FENCE HEIGHT AND MATERIAL REQUIREMENTS. BY GRANTING THE VARIANCES, THE SPIRIT OF ORDINANCE WILL BE PRESERVED. FOUR. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION. OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING DISTRICT IN WHICH THE VARIANCE IS LOCATED. THE VARIANCE WILL NOT AUTHORIZE THE OPERATION OF USE OTHER THAN THOSE USES SPECIFICALLY AUTHORIZED IN THE ZONING. DISTRICT FIVE SUCH WILL NOT SUBSTANTIALLY INJURE THE APPROPRIATE USE OF ADJACENT CONFORMING PROPERTY OR ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE FENCE WILL CREATE ENHANCED SECURITY AND PRIVACY FOR THE SUBJECT PROPERTY AND HIGHLY UNLIKELY TO INJURE ADJACENT PROPERTIES. SPECIFICALLY, THE VARIANCE WOULD NOT PLACE THE FENCE OUT OF CHARACTER WITH THE COMMUNITY. 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 WERE NOT CREATED BY THE OWNER OF THE PROPERTY AND ARE NOT MERELY FINANCIAL AND ARE NOT DUE TO, OR THE RESULTS OF GENERAL CONDITIONS IN THE DISTRICT IN WHICH THE PROPERTY IS LOCATED. THE UNIQUE CIRCUMSTANCES EXISTING ON THE PROPERTY ARE NEITHER DUE TO THE GENERAL CONDITIONS OF THE DISTRICT, NOR DUE TO THE OWNER AND IS NOT FINANCIAL IN NATURE. THE INSTALLED FENCE SERVES AS A BUFFER TO THE SUBJECT PROPERTY. END OF MOTION. VERY GOOD. WE HAVE A MOTION. DO I? IS THAT MS? DO? YEAH. OKAY, LET'S START THE DISCUSSION. MS. BRAGMAN. UM, SO I CERTAINLY EMPATHIZE WITH THE, UM, PROPERTY OWNER, UM, BACKING UP TO COMMERCIAL PROPERTY. WE'RE NOT LOOKING AT MUCH OF A VARIANCE ON THE, THE BACKSIDE, SO I DON'T THINK THAT'S AN ISSUE, ESPECIALLY WHEN HE EXPLAINED THAT THE GRADE OF THE PROPERTY IS LOWER IN THE BACK. UM, SO THAT MAKES THAT EIGHT FOOT FENCE THAT MUCH MORE NECESSARY. AND CERTAINLY HIS EXPLANATION OF THE SIDE FENCES, UNLESS ALL OF HIS NEIGHBORS, UM, ALSO IN, UM, INSTALL EIGHT FOOT FENCES ALONG THE BACK THEN ONLY PART OF, UH, WHAT HE WAS HOPING TO ACCOMPLISH, UH, WOULD BE ACCOMPLISHED IF IT WAS JUST A SIX FOOT FENCE. SO I'LL BE IN SUPPORT OF THIS MOTION. [02:10:02] ALRIGHT. VERY WELL, UH, MR. DORIAN, WOULD YOU LIKE TO ADD SOME INPUT? MS. DORIAN, WOULD YOU LIKE TO ADD SOME INPUT? UH, YES, YES. I'M SORRY. I FORGOT TO HIT THE MUTE BUTTON. ON MUTE BUTTON. YEAH, I'M, I'M FAMILIAR WITH THE AREA. I'LL BE IN SUPPORT. UH, I KNOW THAT THAT COMMERCIAL AT SPECIFIC COMMERCIAL HAS, UH, YOU KNOW, A LOT OF TRAFFIC LIGHTS. UH, THERE CAN BE NOISE, UH, AT TIMES DEPENDING ON THE DIFFERENT BUSINESSES THAT, THAT EXIST THERE. AND SO I, I THINK THAT, UH, THE HARDSHIP OF THESE HOMES THAT ARE ABUTTING THE REAR OF THIS SPECIFIC LOCATION IS, IS CERTAINLY ACCESSIBLE TO HAVE A FLIGHT IN EXCESS OF EIGHT FEET AND, AND HAVE IT UPSIDE. IT'S NOT A PROBLEM, UH, WITH ME. SO I'LL BE IN SUPPORT. ALRIGHT. UM, ANYONE ELSE HAVE AN INPUT? THEY'D LIKE TO, OKAY, THEN, UH, LET'S GO AHEAD AND TAKE A ROLL CALL. VOTE MICHELLE. YES, I CONCUR WITH THE FINDINGS OF FACT. MS. CRUZ. YES, I CONCUR. MR. THIEL? YES, I CONCUR WITH THE FINDINGS OF FACT. MR. MENA. I CONCUR WITH THE FINDINGS OF FACT. MS. BRAGMAN. I CONCUR WITH THE FINDINGS OF FACT. MR. LOVE I CONCUR. MR. DELMER. I CONCUR. MR. ORIAN, I CONCUR WITH THE FINDINGS OF FACT AND CHAIR MARTINEZ. I CONCUR WITH THE FINDINGS OF FACT. UH, MOTION CARRIED BY NINE VOTES. UM, THEREFORE, YOUR, UH, VARIANCE FOR YOUR PEN PIPE HAS BEEN APPROVED. UM, NOW WE'VE LEARNED A LESSON ABOUT FENCES AND, UH, ALREADY ON OF CONSTRUCTION. KEEP IN MIND THAT PERMITS ARE REQUIRED IN THE CITY OF SAN ANTONIO. UM, AND PLEASE ADVISE ANY NEIGHBOR BE THINKING ABOUT DOING SUCH, BUT ALSO CONSIDER THESE FACTS THAT I BELIEVE CONCLUDES THE CASES THAT WE HAVE FOR TODAY. AND I BELIEVE [9. 20-6088 Consideration and approval of October 5, 2020 minutes.] THAT NOW WE SHOULD REVIEW THE MINUTES FROM THE PREVIOUS MEETING. HAS EVERYONE HAD THE OPPORTUNITY TO, TO REVIEW THOSE MINUTES? DOES ANYONE SEE ANY ERROR OR CORRECTION THAT NEEDS TO BE MADE ON THOSE MINUTES? NONE. OKAY, VERY GOOD THEN. AND THIS PARTICULAR INSTANCE, WE'RE GONNA TAKE A ROLL CALL, VOTE FOR THE APPROVAL. UH, SO I GUESS I'M GONNA NEED A MOTION. IS THAT CORRECT? UH, YES, SIR. NEED A MOTION FOR THE, UH, MR. MANDA MAKES A MOTION. OKAY, SECOND. SECOND. OKAY, MS. CRUZ, TAKE THE SECOND. UH, THERE'S NO DISCUSSION, SO LET'S GO AHEAD AND TAKE YOUR VOTE. VOTE MICHELLE. YES, I APPROVE MS. CRUZ. YES, I APPROVE MR. THI. YES, MR. MANNA. I APPROVE MS. BREGMAN. I APPROVE MR. LOVE. I APPROVE MR. DELMER. I APPROVE MR. ORIAN. I APPROVE. AND CHAIR MARTINEZ. I APPROVE THE MINUTES, THE MINUTES YOU CARRY. UH, AND, UH, THEREFORE, UH, THEY'RE APPROVED. NOW IS THE TIME FOR DISCUSSION. THE, UH, STAFF WOULD LIKE TO RECOMMEND FOR THE BOARD OR ANY INFORMATION THAT WE NEED TO BE GIVEN. UH, NOTHING NEW AS OF AS TODAY. UM, JUST AS I MENTIONED EARLIER, UH, WE DID OPEN OUR DOORS. UH, WE ARE OPEN TO 30 PEOPLE IN, IN THE BUILDING NOW, SO CUSTOMERS ARE COMING IN SLOWLY. WE'RE REOPENING AS THE PHASES COME THROUGH, AND WE'LL KEEP Y'ALL INFORMED OF ANY NEW CHANGES AND WHEN WE CAN START MEETING AGAIN IN PERSON. BUT AS OF RIGHT NOW, UM, IT IS OUR FIRST DAY OPEN WITH, FOR THE PUBLIC INSIDE THE BUILDING, I SHOULD SAY. ALL RIGHT. UM, UH, UNFORTUNATELY TODAY WAS ONE OF THE DAYS WHERE WE WERE VERY SHORT. I THINK THE, THE MEETING DID GO SMOOTHLY WITH JUST NINE MEMBERS. UM, I HOPE THAT FROM NOW ON EVERYONE TAKES VERY SERIOUSLY ABOUT COMMITTING TO THESE MEETINGS. UNLESS, YOU KNOW, YOU'VE GIVEN PLENTY OF TIME TO DETERMINE WHETHER YOU CAN'T BE OUT. ALTHOUGH I UNDERSTAND THERE'S GONNA BE EMERGENCIES, SOMETHING'S GONNA COME UP. UM, BUT WE DO NEED TO KEEP AS MANY PEOPLE AS POSSIBLE ON THESE, UH, SO WE CAN AVOID THE SITUATION THAT WE HAVE WITH THE SHORT TERM RENTAL. UM, THEREFORE, UM, JUST PLEASE KEEP THAT IN MIND, MIND IF, UH, ANYTHING POPS UP, JUST LET US KNOW. ANY OTHER THAN THAT, IF ANY ANYONE ON THE BOARD WOULD LIKE TO BRING UP THAT NEEDS TO BE CONSIDERED, UH, JUST, UH, [02:15:01] OR, UH, ORIENT. I WAS JUST WONDERING IF, UH, ANY WORD ON THE, UH, DISTRICT TWO APPOINTEE, ANY IF HE'S GONNA HAVE A, HAVE A NEW MEMBER SOON. UH, SO THE, UH, CALL FOR APPLICATIONS WENT OUT, UH, LAST WEEK IN THE CLERK'S OFFICE. THERE'S SEVERAL APPOINTMENTS THAT NEEDS TO BE MADE ACROSS ALL BOARDS AND COMMISSIONS. SO THERE, UH, THEY'RE GOING THROUGH AN ADVERTISEMENT PROCESS. WE'VE ALSO SENT IT OUT THROUGH OUR SOCIAL MEDIA, UM, CHANNELS AS WELL TO TRY TO GET, UH, POINTING TO OUR, UH, APPLICATION. AND SO HOPEFULLY WITH THAT, WE'LL, WE'LL PROBABLY, UH, BE SEEING SOME TRACTION, UH, SOON. OH, GREAT. THANK YOU. SO IT'S A DEFINITE MAYBE. OKAY. AND MANANA, MR. MANNA. SO, SO AS WE, YOU KNOW, EVENTUALLY MOVE INTO, UH, I GUESS OPENING THE OFFICE THERE, AND WE MIGRATE TOWARDS HAVING THE MEETINGS THERE IN THE FACILITY ITSELF, WILL WE BE ALLOWING FOR A HYBRID MIX WHERE SOME MEMBERS WILL BE ABLE TO STILL WORK FROM THEIR HOME OFFICE AS WELL AS, UH, THE CITY OFFICE, UM, TO ACCOMMODATE WHATEVER, YOU KNOW, PEOPLE MAY FEEL WHERE THEY WANNA WORK. RIGHT NOW, RIGHT NOW WE HAVE, UM, AS WE STATED EARLIER, UH, WE ARE GONNA STAY VIRTUAL AT LEAST UNTIL THE END OF THE YEAR. UM, IF THAT, IF WE START MOVING TOWARDS IN-PERSON MEETINGS STARTING IN JANUARY, WE'LL, WE'LL PLAN FOR THAT. WE NEED TO MAKE SURE THAT WE ARE SET UP HERE TECHNOLOGY-WISE TO DO THAT. WE DON'T HAVE THE SAME SETUP AS THE CITY COUNCIL DOES, UH, BUT WE'LL HAVE TO SEE WHAT OUR OPTIONS ARE. UH, SO, BUT AS WE GET CLOSER TO THAT, UH, WE'LL, WE'LL BE WORKING WITH EACH OF OUR BOARDS AND COMMISSIONS TO LET THEM KNOW WHAT WE'RE DOING, WHETHER IT'S A HYBRID OR WHETHER IT'S FULL IN PERSON. UH, BUT WE'VE GOT SOME TIME TO EXPLORE THAT BEFORE NEXT YEAR. ALRIGHT, MR. MANN, I'LL LET YOU KNOW THAT I PARTICIPATE ON SOME OTHER BOARDS THAT HAVE TELE CONFERENCING TO COMPLETE THE FORUM NUMBERS FOR THE BOARDS. AND ACTUALLY, UH, OTHER THAN A FEW GLITCHES THAT WORKED QUITE WELL. UH, THEY WERE ABLE TO FULLY GET, UH, INVOLVED IN THE DISCUSSIONS AND INTERVIEWS AND VOTING. UM, HOWEVER, I MEAN, IT'S, IF YOU'RE LIKE ME, YOU'D PREFER TO SEE IN PERSON WHAT YOU'RE DEALING WITH ONLY BECAUSE, UH, GIVE YOU A BETTER INDICATION OF THE, WELL, HOW I PUT THIS, IT GIVES YOU A BETTER INDICATION OF THE INTEGRITY AND THE, UH, SINCERITY OF THE APPLICANT OR WITNESS AS THEY SPEAK. THIS IS, UH, THIS IS A GOOD STOP GAP FOR THE TIME BEING, BUT IT'S QUITE IMPERSONAL AND, UH, I'M ACTUALLY, I'M, I'M, I'M AMAZED THAT WE HAVEN'T RUN ACROSS MORE TROUBLE IN REGARD TO THIS. AND I THINK THIS IS FOR THE FIRST TIME I'VE BEEN AT THE ENTIRE MEETING WITHOUT BEING BUSTED UP TO THE INTERNET, SO THAT I'M LOOKING FORWARD TO CONTINUING THIS UNTIL WE GET THIS, UH, THIS ILLNESS UNDER CONTROL. AND ALTHOUGH, YOU KNOW, I'M A LITTLE STIR CRAZY AND OR SUFFER AND CABIN FEVER MYSELF, SO Y'ALL HAVE A GOOD TIME. WAIT, I'VE GOT A QUESTION FOR STAFF. YES. UM, I'VE NOTICED THAT WE'VE HAD FEWER CASES SINCE WE'VE BEEN DOING IT VIRTUALLY. WAS THAT INTENTIONAL OR DO WE EXPECT THAT, UH, THE NUMBER OF CASES IS GONNA PICK UP ONCE YOU HAVE, ONCE YOU'RE ALLOWING PEOPLE INTO THE BUILDING AGAIN, THAT THERE MAY BE MORE APPLICANTS? SO WE'VE LIMITED TO SEVEN. UM, BUT AS OF RIGHT NOW, IT, IT'S SIMPLY WORKED OUT THAT WE'VE HAD SEVEN CASES. AS OF RIGHT NOW, WE ARE SEEING AN INCREASE IN CODE VIOLATIONS. SO ONCE WE GO BACK TO IN-PERSON, WE, WE CAN GO BACK TO THE TEN SEVEN WORK REALLY WELL TODAY. WE WERE ABLE TO GET OUT EARLIER THAN NORMAL, BUT, UM, WE'VE BEEN LIMITED TO SEVEN FOR NOW. BUT IF THE BOARD SO CHOOSES, WE CAN GO BACK TO THE 10 AS THINGS PROGRESS. YEAH, THERE'S PROBABLY GONNA BE, AS YOU SAID, IT'S PROBABLY AN UPTICK BECAUSE PEOPLE ARE AT HOME DOING HOME IMPROVEMENT PROJECTS AND NOT GETTING, UH, PERMITS FOR THEM. YEAH. AND HERE'S ANOTHER BIT OF INFORMATION THAT EVERYONE NEEDS TO BE AWARE OF, UH, THAT RIGHT NOW THE INTERNET IS NOT BEING OVERWHELMED AS MUCH AS IT COULD HAVE BEEN. AND ONCE PEOPLE START WORKING AND COMING BACK HOME AT FIVE O'CLOCK, WE'RE GONNA SEE A, A TREMENDOUS DEMAND ON THE BROADBAND. AND SO WE MAY NOT WANT TO BE OPERATIONAL AT FIVE O'CLOCK BECAUSE WE'RE GONNA GET A LOT OF BROADBAND STOLEN FROM US, UH, FROM THE OVERALL INTERNET, WHICH COULD AFFECT, UH, THE PERFORMANCE OF THE SYSTEM THAT WE HAVE RIGHT NOW. IT SEEMS TO BE WORKING [02:20:01] QUITE WELL. I DIDN'T NOTICE ANY GLITCHES TODAY. EVERYONE'S GONNA BE CLEAR AND, UM, I'VE LEARNED QUITE A BIT FROM THIS. I'VE LEARNED THAT. HAVE YOUR SPEAKER ON TOO LOUD. YOU CREATE NOISE. YEAH. OR CREATE FEEDBACK. SO I WAS ABLE TO TONE THE VOLUME DOWN THAT I RECEIVED BECAUSE IT WAS FEEDBACK THROUGH, THROUGH MY MICROPHONE, THROUGH THE SYSTEM. SO IF THEY SAY YOU'VE GOT A FEEDBACK, THAT'D BE THE FIRST THING I WOULD TRY TO DO IS TURN DOWN THE VOLUME THAT YOU'RE PROJECTING INTO YOUR ROOM. OTHERWISE, LIKE MR. ORIAN WHERE THE EARPHONES AND, UH, THAT WORKS AS WELL BECAUSE THAT, THAT SEGREGATES THE NOISE. BUT OTHER THAN THAT, UH, I SEE NO REASON TO CONTINUE THIS MEETING. SO OFFICIALLY I'M CONCLUDING THE MEETING AT 3 33 OF THE, UH, ZONING BOARD OF ADJUSTMENTS AND YOUR THANK YOU FOR ATTENDING AND WE'LL SEE YOU NEXT TIME, WHICH I BELIEVE IS THE 2ND OF NOVEMBER. OKAY. THANK YOU ALL. * 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.