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Record of Proceedings

San Antonio Board of Adjustments Meeting - September 8, 2025

Boards & Commissions — Monday, September 8, 2025
BodySan Antonio, Texas
SessionBoards & Commissions
DateMonday, September 8, 2025
StatusFILED
Video Record
0:00 / 4:12:04

Original source
Transcript — VerbatimClick a timed line to jump · ⧉ to share it
0:03

I know there's a handful that uh staff is recommending approval on that we can start with, so that's what we'll do.

0:09

So it is 102.

0:11

I hereby call this meeting of the Board of Adjustments into session.

0:15

We have the Spanish interpreter come out, please.

0:25

Good afternoon.

0:35

Gracias.

0:37

Thank you very much.

0:38

Uh staff, if you could please call roll.

0:44

Commissioner Barrington.

0:45

Here.

0:46

Commissioner Stevens.

0:48

Commissioner Ibanez?

0:50

Present.

0:50

Commissioner Dean.

0:52

Present.

0:53

Commissioner Cruz.

0:54

Commissioner Gomez.

0:56

Commissioner Mana?

0:58

Present.

0:58

Commissioner Bragman.

1:00

Present.

1:01

Commissioner Benavides.

1:03

Commissioner Azuna?

1:04

Present.

1:05

Commissioner Boniath.

1:08

Here.

1:09

Commissioner Vasquez.

1:11

Present.

1:12

Chair Orion.

1:13

And I am present.

1:13

So right now we have nine, which makes a quorum.

1:16

We're expecting one more for ten later.

1:20

If everyone could please join me in the pledge.

1:26

I pledge allegiance to the flag of the United States of America.

1:33

One nation under municipal liberty and justice.

1:38

Honor the Texas flag.

1:39

I pledge allegiance to the Texas.

1:42

One of it one and individual.

1:51

All right.

1:52

So before we begin with today's cases, proceed with today's cases, I'd like to offer a few words of explanation for those in the gallery.

1:59

This board follows an agenda which is available online.

2:02

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

2:06

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

2:11

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

2:15

I asked the board members submit these announcements to me as a chair, and I will read them at the appropriate time in the meeting.

2:30

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

2:33

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

2:39

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

2:43

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.

2:51

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

3:07

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

3:17

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

3:24

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

3:32

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

3:36

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

3:40

After everyone has heard the case, it will be closed, and a member of the board will make a motion.

3:44

Each member will be asked to vote on the motion.

3:46

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 nine votes.

3:54

The burden approved and granting the release law rests with the applicant.

3:57

The applicant must present facts in which the requested relief can be legally granted and supported.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████57%
Short-Term Rental Regulation███████████████19%
Procedural███████9%
Public Safety█████6%
Public Engagement███4%
Affordable Housing█1%
Parking█1%
Neighbor Disputes█1%
Community Engagement█1%
Summary of Proceedings

San Antonio Board of Adjustments Meeting - September 8, 2025

The Board of Adjustments met on September 8, 2025, from 1:02 PM to 5:20 PM, with a quorum of 9 members (later 10). The board considered 10 cases involving variances, special exceptions, and appeals, with decisions ranging from unanimous approval to denial and continuation.

Consent Calendar

  • Minutes from the previous meeting were approved unanimously.
  • An additional meeting was scheduled for September 30, 2025 (Tuesday) after a vote (8 in favor of Monday, 7 for Tuesday, 7 for Friday; motion passed aye).

Public Comments & Testimony

  • Item 1 (647 Lay Street): Mae Fernandez, neighbor at 655 Lay Street, spoke in support of the applicant, citing rising taxes and the need for income supplementation.
  • Item 3 (414 Mason Street): Two voicemails from Carmen Hughes and Roxanne Garza (outside 200 ft) opposed the appeal, citing property maintenance issues and rodent problems.
  • Item 4 (704 Kanyeway): No public comment; motion to continue passed.
  • Item 5 (422 Hartline Drive): No public comment.
  • Item 7 (7422 Aurora Circle): No public comment.
  • Item 9 (218 Woodleaf Street): Two voicemails from Carmen Hughes and Roxanne Garza (outside 200 ft) opposed the request, citing rodent and debris concerns.
  • Item 11 (436 West Craig Place): Two voicemails from Charles Cotrell and Francisco Solis (both in favor).
  • Item 12 (143-147 Forest Avenue): No public comment.

Discussion Items

  • Item 6 (150 Storywood Drive): Variance for carport side setback (3 ft 6 in) and garage entry setback (12 ft 8 in) to allow a 1 ft 6 in and 7 ft 4 in setback respectively. Staff recommended approval. Applicant Kim Jones testified the structure has existed since before 2007 and requested to improve it. No opposition. Motion passed 10-0.
  • Item 8 (838 Kaliber Road): Special exception for fence height (1 ft 9 in over max) and variance for rear setback (3 ft 2 in) to allow a 10 ft rear setback abutting a 13.7 ft alley. Staff recommended approval. Applicant Ivan Almaguer proposed four dwelling units. Martinez Creek Neighborhood Association supported. Motion passed 10-0 for both.
  • Item 10 (5207 Rogers Road): Special exception for fence height (5 ft over max) to allow an 8 ft front yard security fence for a data center. Staff recommended approval. Applicant Ted Guy testified the fence is predominantly open. No opposition. Motion passed 10-0 after amendment to specify "predominantly open."
  • Item 1 (647 Lay Street): Special exception for an additional type 2 short-term rental on a block face currently at 7% (exceeding 12.5% limit). Staff recommended denial. Applicant Nathan Lang testified his permit lapsed by one day, he has operated since 2017 with no complaints, and he lives on the street. Lavaca Neighborhood Association opposed via blanket denial. Motion passed 9-1 (Commissioner Dean dissenting).
  • Item 3 (414 Mason Street): Appeal of revocation of STR permit for failure to report HOT taxes. Staff recommended denial. Applicant Manuel Esparrago testified his wife misinterpreted Airbnb's tax remittance and personal health issues (pregnancy, NICU) caused delinquency. Taxes are now current. Government Hill Alliance supported. Motion passed 9-1 (Commissioner Dean dissenting).
  • Item 4 (704 Kanyeway): Appeal of revocation of STR type 1 permit for HOT tax delinquency. Staff recommended denial. Applicant Mitchell Gonzalez testified his wife was pregnant and thought Airbnb was paying taxes. Denver Heights Neighborhood Association opposed. The board voted to continue the case to September 22, 2025 (motion passed, one nay).
  • Item 5 (422 Hartline Drive): Variance for fence material (corrugated metal), landscape buffer reduction (from 15 ft to 5 ft), and special exception for fence height (8 ft front yard). Staff recommended denial. Applicant Arnold Uribe testified the fence has been there 20 years, neighbors support it, and the property went through rezoning and conditional use. Motion passed 10-0 for both variances and special exception after amendments (cap on metal fence, buffer reduction to 5 ft).
  • Item 7 (7422 Aurora Circle): Variance for side setback (4 ft 11 in) to allow a 1 in setback for a storage shed addition. Staff recommended denial. Applicant Lizette Miranda testified it's for children's storage. Opposition from neighbor. Motion failed 7-3 (Commissioners Barrington, Ibaneth, Vasquez dissenting; Chair Orion, Dean, Manna, Bragman, Ozuna, Bonias, Cruz in favor? Wait: roll call shows 7 in favor? Actually transcript: "Commissioner Manna? I concur. Commissioner Bragman. I concur. Commissioner Barrington. No, I do not concur. Commissioner Ibnith? I do not concur. Commissioner Dean. I can I concur. Commissioner El Senna? Yes, I concur. Commissioner Bunyez. Yes, I concur. Commissioner Vasquez. I do not concur. Chair Orion. Uh I concur." That's 7 in favor (Manna, Bragman, Dean, Ozuna, Bonias, Cruz, Orion) and 3 opposed (Barrington, Ibaneth, Vasquez). But motion requires 9 votes, so it failed. Yes.
  • Item 9 (218 Woodleaf Street): Variance for fence material (corrugated metal), side setback for barbed wire (9 ft 11 in), rear setback (29 ft 11 in). Staff recommended denial. Applicant Dan Lanfear testified the fence has been there since 2004, property is used for storage, and barbed wire needed for security. Two voicemails opposed. Motion passed 10-0 after amendments: barbed wire only on western side (not eastern side abutting resident), cap on metal fence.
  • Item 11 (436 West Craig Place): Variance for rear setback (7 ft 9 in), corner clear vision (14 ft 8 in), special exceptions for fence height (3 ft and 7 ft 7 in). Staff recommended approval for rear setback, denial for fence height and clear vision. Applicant Michael Reynolds testified he will install predominantly open fencing in clear vision area. Alta Vista Neighborhood Association supportive with conditions. Motion passed 10-0 for both variances and special exceptions (with amendments: predominantly open fence in clear vision area, fence height variance reduced to 2 ft 6 in).
  • Item 12 (143-147 Forest Avenue): Variance for half-story (height) to allow three stories in IDZ1 district. Staff recommended denial. Applicant Anthony Almaraz testified the project was approved by City Council in 2022 but UDC changes in 2023 made it non-compliant. Collins Garden Neighborhood Association opposed. After debate, motion failed (6 concur, 2 abstain, 2 no? Not enough votes). The board then reconsidered and continued the case to September 30, 2025 (motion passed).

Key Outcomes

  • Item 6: Approved (10-0).
  • Item 8: Approved (10-0).
  • Item 10: Approved (10-0) with amendment.
  • Item 1: Approved (9-1).
  • Item 3: Approved (9-1).
  • Item 4: Continued to September 22, 2025.
  • Item 5: Approved (10-0) with amendments.
  • Item 7: Denied (failed to reach 9 votes).
  • Item 9: Approved (10-0) with amendments.
  • Item 11: Approved (10-0) with amendments.
  • Item 12: Continued to September 30, 2025, after motion to reconsider passed.

Meeting Transcript

I know there's a handful that uh staff is recommending approval on that we can start with, so that's what we'll do. So it is 102. I hereby call this meeting of the Board of Adjustments into session. We have the Spanish interpreter come out, please. Good afternoon. Gracias. Thank you very much. Uh staff, if you could please call roll. Commissioner Barrington. Here. Commissioner Stevens. Commissioner Ibanez? Present. Commissioner Dean. Present. Commissioner Cruz. Commissioner Gomez. Commissioner Mana? Present. Commissioner Bragman. Present. Commissioner Benavides. Commissioner Azuna? Present. Commissioner Boniath. Here. Commissioner Vasquez. Present. Chair Orion. And I am present. So right now we have nine, which makes a quorum. We're expecting one more for ten later. If everyone could please join me in the pledge. I pledge allegiance to the flag of the United States of America. One nation under municipal liberty and justice. Honor the Texas flag. I pledge allegiance to the Texas. One of it one and individual. All right. So before we begin with today's cases, proceed with today's cases, I'd like to offer a few words of explanation for those in the gallery. This board follows an agenda which is available online. The cases are listed by number with the name of the applicant and 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 asked the board members submit these announcements to me as a chair, and I will read them at the appropriate time in the meeting. This is an administrative body and not a court of law. We only examine the facts pertaining to the release sought, and we do not get involved in disputes or legal claims between parties. Specific powers have been granted to us by the Texas legislature and 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 at a decision or determination made by an administrative official in the enforcement of Chapter 32 to hear and decide special exceptions on allowed under Chapter 35 and to authorize variances from the zoning regulations required in Chapter 35.

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