OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Antonio Board of Adjustment Meeting - August 4, 2025

Boards & CommissionsMonday, August 4, 2025
BodySan Antonio, Texas
SessionBoards & Commissions
DateMonday, August 4, 2025
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:04

Well, it's one o'clock.

0:06

We're gonna go ahead and call this to order.

0:07

We do have one more commissioner who will be arriving shortly.

0:11

If we can have the Spanish interpreter come out and uh give a presentation, please.

0:22

Good afternoon, everyone.

0:24

Buenas tardes.

0:25

Las personas que requieren escuchar esta audiencia in Espanyol.

0:35

Muchas gracias.

0:36

Thank you so much.

0:37

Uh staff, if you could please call roll.

0:41

Commissioner Breton.

0:42

Here.

0:43

Commissioner Stevens.

0:44

Present.

0:45

Commissioner Ibanez.

0:47

Uh present.

0:48

Commissioner Dean.

0:49

Present.

0:50

Commissioner Cruz.

0:53

Commissioner Gomez.

0:54

Here.

0:55

Commissioner Mana.

0:56

Present.

0:57

Commissioner Bragman.

0:58

Present.

0:59

Commissioner Benavides.

1:00

Present.

1:01

Commissioner Ozona?

1:02

Present.

1:03

Chair Orion.

1:04

And I'm present.

1:05

A quorum is present.

1:06

All right, thank you.

1:07

If everyone could please join me in the pledge.

1:42

So before we proceed with today's cases, I'd like to offer a few words of explanation.

1:47

This board follows an agenda which is available online.

1:50

The cases are listed by number with the name of the applicant and the street address.

1:54

Following the conclusion of the cases, the board will consider the minutes from the previous meeting, followed by a director's report.

2:00

Lastly, as chair, I will make announcements such as community calendar events.

2:03

I ask that the board members submit these announcements to me as a chair, and I'll read them at the appropriate time in the meeting.

2:08

We are private citizens appointed to this board by the city council.

2:11

The board is supported by members of the city staff competent in the rules and regulations governing the city zoning codes and other codes and aspects pertaining to this area.

2:17

This is an administrative body and not a court of law.

2:20

We only examine the facts pertaining to the release law, and we do not get involved in disputes or legal claims between parties.

2:26

Specific powers have been granted to us by the Texas legislature and the San Antonio City Council.

2:30

They are clearly defined in Chapter 211 of the Texas Local Government Code, Chapter 35 of the City Code, and other ordinances passed by the City Council.

2:38

We have the authority to hear and decide appeals from a decision or determination made by the administrative official in the enforcement of Chapter 32 to hear and decide special exceptions allowed under Chapter 35 and to authorize variances from the zoning regulations required in Chapter 35.

2:51

We also serve in an advisory and appellate capacity to the Director of Development Services regarding requests for variances from regulations within Chapter 28, Article 1, Section 28-5.

3:02

In addition, we have powers to hear cases and other matters authorized by City Council under Chapter 211 of the Texas Local Government Code.

3:08

Every decision or recommendation to the board must be based upon findings of fact, and every finding of fact must be supported in the record of the board's proceedings.

3:15

The applicant or his representative will present the petition and they will be questioned by the members of the board.

3:20

Any opposition to the request will be presented in a like manner.

3:23

After everyone dissert the case will be closed and a member of the board will make a motion.

3:27

Each member will be asked to vote on the motion.

3:36

The burden of proof and granting the release law at rest with the applicant.

3:43

Appeals from the decisions of this board regarding appeals from administrative officials, special exceptions or variances, are made to the district or county court at law based on the record of these proceedings.

3:52

Appeals from the board's decisions regarding chapter 28 are made to the city council.

3:56

Please limit your presentation and remarks of the pertinent facts of your case.

4:00

Stafford Thank you.

4:02

Staff will begin each case with a short presentation of the request.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████55%
Short-Term Rental Regulation████████████15%
Procedural██████7%
Parking███4%
Veteran Affairs███4%
Public Safety███4%
Public Engagement██3%
Accessibility██2%
Neighborhood Conservation District██2%
Summary of Proceedings

San Antonio Board of Adjustment Meeting - August 4, 2025

The San Antonio Board of Adjustment met on August 4, 2025, at 1:00 PM. Chair Orion presided, and a quorum was present. The board heard ten items including requests for parking adjustments, special exceptions for short-term rentals, appeals of nonconforming use denials, and variances for setbacks, accessory structures, and landscaping. Key outcomes included approval of a special exception for a second short-term rental, denial of a parking adjustment, and unanimous approval of several variances.

Public Comments & Testimony

  • Item 1 (222 Beauregard STR parking waiver): One voicemail from a King William resident opposed the waiver, citing neighborhood parking congestion.
  • Item 3 (3406 Roosevelt auto repair appeal): Jane Henry, president of Mission San Jose Neighborhood Association, and Bridgetine East Pyron of Hot Wells Mission Reach Neighborhood Association spoke in opposition, citing disrespect for the historic area and lack of permits.
  • Item 9 (346 Thorman ADU variance): Two voicemails from neighbors opposed. Carolyn Rix (326 Pershing) and George Grimes (Mankey Park Neighborhood Association land use committee) opposed, citing precedent and impervious cover concerns.

Discussion Items

  • Item 1: Parking adjustment for STR at 222 Beauregard Street Unit 4 – Applicant Aaron Fouts requested a waiver of one required off-street parking space. Staff recommended approval. The applicant stated the property had no off-street parking, they had operated since 2022 with no complaints, and occupancy was 35% of the year. The board voted 8-3 to deny (motion failed, needing 9 votes).
  • Item 2: Special exception for additional type 2 STR at 130 Stella Street Unit 201 – Applicant Daniel Rossetti sought a second STR on the block face (currently at 10% density, would reach 20%). Staff recommended denial. The applicant argued it was a unique rental arbitrage situation to support military families. The board voted 9-2 to approve.
  • Item 3: Appeal of nonconforming use denial for auto repair at 3406 Roosevelt Avenue – Applicant Joel Ferdinand appealed the denial of a nonconforming use registration after expanding the building. Staff recommended denial. The applicant cited safety improvements. The board voted unanimously (11-0) to deny the appeal.
  • Item 4: Side setback variance at 344 Lenares Avenue – Applicant Michael Riojas requested a 3-foot-4-inch variance from the 5-foot side setback for a new porch. Staff recommended approval. The board voted unanimously to approve.
  • Item 6: Variance for accessory structures and fence at 700 Crystal Street – Applicant Andrew Salazar requested a 2,503-sq-ft variance from the 2,500-sq-ft limit for accessory structures and a 1-foot-4-inch special exception for a 6-foot-4-inch front yard fence. Staff recommended denial for the accessory structure variance and approval for the fence. The board voted unanimously to approve the accessory structure variance and the fence special exception.
  • Item 7: Front setback variance at 1106 Bandera Road – Applicant Tri-Tech Engineering requested a 16-foot-4-inch variance from the 20-foot front setback to allow a 36-foot-4-inch setback for future right-of-way expansion. Staff recommended approval. The board voted unanimously to approve.
  • Item 9: ADU size variance at 346 Thorman Place – Applicant Mike Sowry requested a 183-sq-ft variance from the NCD 6 standard (max 616 sq ft) to allow a 799-sq-ft ADU for aging-in-place needs. Staff recommended denial. After discussion, the board approved a motion amended to 750 sq ft, passing 9-2.
  • Item 10: Landscape buffer and fence variance at 4729 West Commerce Street – Applicant Amanda Flores requested elimination of the 10-foot landscape buffer and fence requirement for a new restaurant. Staff recommended denial. The board approved a 5-foot buffer (instead of elimination) and elimination of the fence requirement, passing unanimously.

Key Outcomes

  • Item 1: Motion to grant parking waiver failed (8-3). Applicant must seek alternative options.
  • Item 2: Motion to grant special exception passed (9-2). Applicant will be issued a permit for unit 201, subject to renewal in three years.
  • Item 3: Motion to grant appeal failed (11-0). Applicant must rezone or cease the auto repair use.
  • Item 4: Motion to grant variance passed unanimously. Porch may remain as modified.
  • Item 6: Both motions (accessory structure variance and fence special exception) passed unanimously.
  • Item 7: Motion to grant variance passed unanimously.
  • Item 9: Motion to grant variance at 750 sq ft passed (9-2). Applicant to modify plans accordingly.
  • Item 10: Motion to grant a 5-foot landscape buffer variance and eliminate fence requirement passed unanimously.
  • Minutes: The board approved the minutes from the previous meeting.
  • Director's Report: Staff noted that starting September 1, 2025, agendas must be posted three full calendar days in advance; the board has begun posting early.

Meeting Transcript

Well, it's one o'clock. We're gonna go ahead and call this to order. We do have one more commissioner who will be arriving shortly. If we can have the Spanish interpreter come out and uh give a presentation, please. Good afternoon, everyone. Buenas tardes. Las personas que requieren escuchar esta audiencia in Espanyol. Muchas gracias. Thank you so much. Uh staff, if you could please call roll. Commissioner Breton. Here. Commissioner Stevens. Present. Commissioner Ibanez. Uh present. Commissioner Dean. Present. Commissioner Cruz. Commissioner Gomez. Here. Commissioner Mana. Present. Commissioner Bragman. Present. Commissioner Benavides. Present. Commissioner Ozona? Present. Chair Orion. And I'm present. A quorum is present. All right, thank you. If everyone could please join me in the pledge. So before we proceed with today's cases, I'd like to offer a few words of explanation. This board follows an agenda which is available online. The cases are listed by number with the name of the applicant and the street address. Following the conclusion of the cases, the board will consider the minutes from the previous meeting, followed by a director's report. Lastly, as chair, I will make announcements such as community calendar events. I ask that the board members submit these announcements to me as a chair, and I'll read them at the appropriate time in the meeting. We are private citizens appointed to this board by the city council. The board is supported by members of the city staff competent in the rules and regulations governing the city zoning codes and other codes and aspects pertaining to this area. This is an administrative body and not a court of law. We only examine the facts pertaining to the release law, and we do not get involved in disputes or legal claims between parties. Specific powers have been granted to us by the Texas legislature and the San Antonio City Council. They are clearly defined in Chapter 211 of the Texas Local Government Code, Chapter 35 of the City Code, and other ordinances passed by the City Council. We have the authority to hear and decide appeals from a decision or determination made by the administrative official in the enforcement of Chapter 32 to hear and decide special exceptions allowed under Chapter 35 and to authorize variances from the zoning regulations required in Chapter 35. We also serve in an advisory and appellate capacity to the Director of Development Services regarding requests for variances from regulations within Chapter 28, Article 1, Section 28-5. In addition, we have powers to hear cases and other matters authorized by City Council under Chapter 211 of the Texas Local Government Code. Every decision or recommendation to the board must be based upon findings of fact, and every finding of fact must be supported in the record of the board's proceedings.

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