San Antonio Board of Adjustment Meeting - July 21, 2025

The Board of Adjustment met on Monday, July 21, 2025, from 1:01 PM to 5:24 PM in regular session. The board consists of 11 members; a quorum was present throughout the meeting, with 10 members initially and 11 after Commissioner Cruz arrived. Votes require a concurring vote of 75% of the total board (9 votes). The meeting considered 13 cases (items 1-11 and 13), including variances, special exceptions, and appeals. The board also approved the minutes from the previous meeting.

Public Comments & Testimony

• Item 3 (241 East French Place): A voicemail from a resident expressed agreement with the proposal.
• Item 4 (114 Dewberry Street): Three written comments in favor and the River Road Neighborhood Association supported the request.
• Item 5 (7038 UTSA Boulevard): No public comments were submitted.
• Item 10 (626 Fulton Avenue): Multiple voicemails and in-person speakers. The Alta Vista Neighborhood Association (via voicemail) and Beacon Hill Area Neighborhood Association (via voicemail) opposed the variances, citing size, height, and precedent concerns. Several individual residents (Kathleen Bailey, Kathleen Bradley, and another) also opposed. One neighbor (David Cruz) spoke in favor, and a past president of Alta Vista (Hector Cardinas) voiced support via voicemail. In-person, Jack Finger (Beacon Hill) and Ann Weiner (Alta Vista VP) spoke in opposition.
• Item 11 (3130 Morning Creek): A voicemail from Mark Davis (neighbor at 3134 Morning Creek) opposed the variance, claiming the addition caused flooding.
• Item 13 (5400 IH10 West): No public comments were submitted.

Discussion Items

Item 1 – 1120 Buena Vista Street (BOA-25-103089)

• Applicant: Eduardo Garcia (represented by Janelle Patrick, Rhino Design Build).
• Request: Three variances: (1) reduce minimum parking from 12 to 9 spaces, (2) eliminate a 10-foot side buffer yard, (3) reduce site distance from 18 to 5 feet.
• Staff Recommendation: Denial, citing traffic congestion, emergency access, and safety concerns.
• Discussion: The applicant obtained a shared parking agreement with a neighboring property. The board questioned the agreement's term and the landscaping plan. No opposition was expressed.
• Outcome: Motion to grant all three variances passed 10-0.

Item 2 – 2434 Southwest Loop 410 (BOA-25-103091)

• Applicant: PRD Management LLC.
• Request: (1) Variance to allow corrugated metal fencing, (2) Special exception for a 6-foot solid fence in front yard (limited to 22 feet).
• Staff Recommendation: Deny fence material variance; approve height special exception.
• Discussion: The applicant amended the request to include caps on the metal fence. The board discussed removing the front yard height request (item 2) due to compliance issues. The applicant agreed to remove item 2.
• Outcome: Motion to grant fence material variance with caps passed 10-1 (Commissioner Dean dissented). The front yard height request was not approved.

Item 3 – 241 East French Place (BOA-25-103092)

• Applicant: Cotton SDs.
• Request: Five variances/special exceptions including rear setback, front gate height, driveway clear vision, fence material (corrugated metal), and rear fence height.
• Staff Recommendation: Approve rear setback and clear vision variances; deny fence material variance; approve fence height exceptions.
• Discussion: The applicant explained the historic nature of the property and that the existing non-compliant fence (reclaimed metal over chain link) predated ownership. The Historic and Design Review Commission (HDRC) had not yet reviewed the fence material. The board noted the fence was tasteful and limited to the rear.
• Outcome: Motion to grant all variances passed 11-0. Motion to grant requested special exceptions also passed 11-0.

Item 4 – 114 Dewberry Street (BOA-25-103107)

• Applicant: Stephanie Pina.
• Request: Variance to reduce rear setback from 20 to 15 feet.
• Staff Recommendation: Approval.
• Discussion: The lot is atypically shaped (slanted boundaries). Staff initially considered it an irregular lot but later determined it was not. The River Road Neighborhood Association supported the request. No opposition.
• Outcome: Motion to grant variance passed 11-0.

Item 5 – 7038 UTSA Boulevard (BOA-25-103108)

• Applicant: Lettuce License (on behalf of ZQ Mart).
• Request: Appeal of the administrator's denial of a non-conforming use registration for a mobile food court.
• Staff Recommendation: Denial, as the use was not established before the 2012 ordinance and the property is within the Edwards Recharge Zone District.
• Discussion: The applicant argued that the city's environmental health department approved the mobile food court permit in 2020 and renewals until 2024, and that the city made an error. The board questioned the lack of proper zoning review. Some commissioners expressed sympathy but noted the need for a zoning change and a 200-foot separation variance from residential uses. The applicant had invested over $50,000 in improvements.
• Outcome: Motion to grant the appeal failed 4-7. Board members Benavides, Stevens, Ivanis, and Zuna voted in favor; Barrington, Dean, Cruz, Gomez, Manna, Bragman, and Chair Orion voted against. The applicant was advised to pursue a zoning change.

Item 6 – 5050 East Houston Street (BOA-25-103109)

• Applicant: Gilbert Benya (Abel City Architects, for VIA Transit Center).
• Request: Special exception to allow an 8-foot front yard privacy fence (limited to east side property line) instead of the maximum 3 feet.
• Staff Recommendation: Approval.
• Discussion: The fence is intended to block light pollution from buses to adjacent residential properties. No opposition.
• Outcome: Motion to grant the special exception passed by voice vote (unanimous).

Item 7 – 415 Saddlebrook Drive (BOA-25-103111)

• Applicant: Harry Oliver.
• Request: Variance to reduce front setback from 10 feet to 1 inch for an existing carport.
• Staff Recommendation: Denial, as a garage exists on the property.
• Discussion: The carport was built without a permit. The applicant cited health issues and need for covered parking. The board noted similar carports in the neighborhood and that side setbacks were compliant.
• Outcome: Motion to grant variance passed 11-0.

Item 8 – 322 East Mayfield Boulevard (BOA-25-103112)

• Applicant: Carlos Quesada.
• Request: Variance to reduce side setback from 5 feet to 2 feet 6 inches (including 1-foot-4-inch overhang) for a remodeled home.
• Staff Recommendation: Denial, citing insufficient space for water runoff and fire safety.
• Discussion: The original foundation was reused; the applicant had installed a fire-rated wall and agreed to add gutters. The plans had been approved by plan review but the as-built was not compliant. The board found the variance warranted due to the original footprint.
• Outcome: Motion to grant variance (with gutters) passed 11-0.

Item 9 – 10818 Gaylord Drive (BOA-25-103113)

• Applicant: Margarita Flores.
• Request: Three variances: (1) front setback from 10 feet to 1 foot, (2) side setback from 5 feet to 6 inches, (3) driveway clear vision from 15 feet to 10 feet.
• Staff Recommendation: Deny setback variances; approve clear vision variance.
• Discussion: The carport was built without a permit. The applicant agreed to cut back the structure by 1 foot from the front property line and add gutters on the north side. The neighbor's property is vacant. No opposition.
• Outcome: Motion to grant all three variances passed 11-0.

Item 10 – 626 Fulton Avenue (BOA-25-103114)

• Applicant: Sergio de la Mora.
• Request: Three variances from NCD2 and UDC standards: (1) accessory structure footprint, (2) height (35 feet), (3) accessory dwelling unit size (1800 sq ft).
• Staff Recommendation: Denial, as the structure can be reduced and would alter district character.
• Discussion: Extensive public comment in opposition from neighborhood associations and residents. The applicant explained the need for parking and living space for his mother and sister. The board noted the opposition and suggested the applicant meet with the neighborhood association to explore compromises (size, height, design). The board voted to continue the case to August 18, 2025, to allow further dialogue.
• Outcome: Motion to continue passed unanimously.

Item 11 – 3130 Morning Creek (BOA-25-103115)

• Applicant: Property owner (represented by Joseph Milligan).
• Request: Variance to reduce side setback from 5 feet to 6 inches (4-foot-6-inch variance) for a covered addition.
• Staff Recommendation: Denial (implied, as staff did not state a recommendation but the applicant sought relief).
• Discussion: The neighbor (Mark Davis) submitted an engineering report alleging flooding caused by the addition. The applicant proposed installing gutters and a French drain. The board discussed a five-foot easement that may exist per deed restrictions. The motion was amended to a 2-foot variance (allowing 3-foot setback) to preserve some access.
• Outcome: Motion to grant a 2-foot variance (allowing 3-foot setback) passed 10-1 (Commissioner Manna dissented).

Item 13 – 5400 IH10 West (BOA-25-103117)

• Applicant: Alamo Consulting Services (for property owner and tenant FA Motor Car).
• Request: Appeal of the administrator's denial of a non-conforming use registration for motor vehicle sales.
• Staff Recommendation: Denial, as the use was never permitted on the subject parcel (C2 zoning) and certificates of occupancy were issued in error.
• Discussion: The applicant presented evidence that the property had operated as a car dealership since 1998, with multiple COs issued. The city acknowledged the error. The board found that the city's mistake justified granting the appeal.
• Outcome: Motion to grant the appeal passed 10-0.

Key Outcomes

• Approved (11-0): Items 1, 3, 4, 6, 7, 8, 9 (all variances/special exceptions).
• Approved (10-1): Item 2 (fence material variance with caps; Dean dissented); Item 11 (modified 2-foot variance; Manna dissented).
• Denied (4-7): Item 5 (appeal for mobile food court non-conforming use).
• Continued (unanimous): Item 10 (continued to August 18, 2025, for further negotiation with neighborhood association).
• Approved (10-0): Item 13 (appeal for motor vehicle sales non-conforming use).
• Minutes: Approved unanimously.

Note: The meeting adjourned at 5:24 PM. Item 12 was not heard as it was not noticed in time.