San Antonio Board of Adjustment Meeting

Date: August 4, 2025
Time: Starting at 1:00 PM

The San Antonio Board of Adjustment convened on August 4, 2025, to hear appeals and variance requests concerning zoning, parking, short-term rentals, and nonconforming uses. The board addressed seven agenda items, including two short-term rental cases, a nonconforming use appeal, and several variance requests for setbacks, accessory structures, and buffers. Public testimony was heard on multiple items. Votes were taken on each, with some passing and others failing.

Consent Calendar

• No consent calendar was identified in the proceedings.

Public Comments & Testimony

• Item 1 (222 Burgard Street): A voicemail from a King Williams resident opposed the parking variance for the short-term rental, citing parking scarcity in the neighborhood.
• Item 3 (3406 Roosevelt Avenue): Jane Henry, president of the Mission San José Neighborhood Association, opposed the nonconforming use appeal, stating the owner expanded without permits and that the business is incompatible with the historic district. Brie Alexander, representing the neighborhood association, also opposed, expressing concerns about health, safety, and the lack of community engagement.
• Item 9 (346 Torment Place): Two voicemails opposed the ADU size variance. Carol Enrique, a neighbor, argued that a 616-square-foot ADU can be made accessible and that larger structures would reduce green space and affect drainage. George Grimes, from the Mackey Park Neighborhood Association, opposed, stating the variance would set a bad precedent and that the NCD standards were carefully developed.
• Item 10 (4729 Westcommerce Street): The Prospect Hill Neighborhood Association submitted a letter opposing the elimination of the landscape buffer and fence requirements.

Discussion Items

• Item 1 – Parking Variance for Short-Term Rental (222 Burgard Street):

  • Staff recommended approval. The property, a 12-unit condominium built in 1920, had no off-street parking. The applicant (Sarah Fouts) testified the short-term rental has operated since 2022 with no complaints, pays HOT taxes, and guests typically use rideshare. The board debated the physical constraints and historic lack of parking. A motion to grant the variance failed 8–3 (needing 75% or 9 votes). The variance was denied.

• Item 2 – Special Exception for Short-Term Rental (130 Estela Street):

  • Staff recommended denial because the block already has one active STR permit. The applicant (Daniel Rossetti) explained he is a lease-arbitrage operator serving military personnel near Fort Sam Houston. The property has two units; one permit was revoked for tax nonpayment, but later reissued. No public opposition was received. The board approved the special exception 9–2, allowing the second STR permit.

• Item 3 – Appeal of Nonconforming Use Denial (3406 Roosevelt Avenue):

  • The property owner (Joel Ferdinand) appealed the denial of a nonconforming use for an auto body shop. Staff showed aerial photos proving a 60-foot expansion, which under the UDC terminates nonconforming use rights. The applicant argued the expansion was needed for safety (fire codes) and that the shop had operated since the 1950s. The board denied the appeal unanimously, upholding the administrative decision.

• Item 4 – Side Yard Setback Variance (344 Linares Avenue):

  • The applicant (Michael Rojas) requested a variance to allow a porch with 1-foot-8-inch setback (required 5 feet). Staff recommended approval due to existing conditions. No public opposition. The board approved by voice vote.

• Item 6 – Accessory Structures and Fence Variances (700 Cristal Street):

  • The applicants (Andrew and Cindy Salazar) sought variances for 5,303 square feet of accessory structures (exceeding the 2,500 sq ft limit) and a 6-foot-4-inch front fence (exceeding the 5-foot limit). The property is 1.126 acres, with many older sheds. Staff recommended denial for the structures but approval for the fence. No public opposition. The board voted unanimously to approve both variances, citing the unique size of the lot and the lack of neighborhood impact.

• Item 7 – Front Setback Variance (11006 Bandera Road):

  • The 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 due to a future TxDOT right-of-way expansion. Staff recommended approval. No public comments or opposition. The board approved unanimously.

• Item 9 – ADU Size Variance in NCD (346 Torment Place):

  • The applicant (Max Sari) requested a variance to allow a 799-square-foot ADU in the Mackey Park NCD, where the limit is 616 square feet (40% of principal structure). The applicant cited needs for aging in place and wheelchair accessibility. The Mackey Park Neighborhood Association opposed, fearing precedent. After discussion, the board amended the motion to 750 square feet and approved 9–2.

• Item 10 – Landscape Buffer and Fence Variances (4729 Westcommerce Street):

  • The applicant requested elimination of a 10-foot landscape buffer and a fence requirement for a new restaurant. Staff recommended approval for the buffer denial for the fence. The Prospect Hill Neighborhood Association opposed. The board conditionally approved a 5-foot buffer (reducing parking spaces) and required installation of a privacy fence for rear neighbors. The motion passed unanimously.

Key Outcomes

• Item 1: Motion to grant parking variance for 222 Burgard Street failed (8–3). Variance denied.
• Item 2: Special exception for a second STR at 130 Estela Street approved (9–2).
• Item 3: Appeal of nonconforming use denial for 3406 Roosevelt Avenue denied (unanimous). The auto body shop must cease operations or rezone.
• Item 4: Setback variance for porch at 344 Linares Avenue approved (voice vote).
• Item 6: Variances for accessory structures and fence at 700 Cristal Street approved (unanimous).
• Item 7: Front setback variance at 11006 Bandera Road approved (unanimous).
• Item 9: ADU size variance at 346 Torment Place approved (9–2) with reduced size of 750 square feet.
• Item 10: Variances for landscape buffer (reduced to 5 feet) and fence (privacy fence required) at 4729 Westcommerce Street approved (unanimous).