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Record of Proceedings

San Antonio Board of Adjustment Meeting - September 28, 2026

Boards & Commissions — Monday, September 28, 2026
BodySan Antonio, Texas
SessionBoards & Commissions
DateMonday, September 28, 2026
StatusFILED
Video Record
0:00 / 3:04:41

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

Speaker numbers apply only to this recording.

Speaker 1

0:46

Thank you very much.

0:47

So if staff could please call roll.

Speaker 2

0:52

Commissioner Reid.

Speaker 3

0:54

Present.

Speaker 2

0:55

Commissioner Stevens.

0:56

Commissioner Ivanes.

0:58

Present.

0:59

Commissioner Dean.

Speaker 4

1:01

Present.

Speaker 2

1:01

Commissioner Cruz.

1:03

Here.

1:03

Commissioner Gomez.

1:05

Commissioner Mana?

Speaker 5

1:07

Present.

Speaker 2

1:08

Commissioner Bragman.

1:10

Commissioner Benavides.

1:12

Present.

1:13

Commissioner Ozuna?

Speaker 6

1:15

Present.

Speaker 2

1:15

Commissioner Vasquez.

Speaker 6

1:17

President.

Speaker 2

1:18

Chair Orion.

Unassigned speaker

1:20

And

Speaker 1

1:20

I am present.

1:21

So we have a quorum of nine.

1:24

Which is the minimum we need to have a meeting.

Unassigned speaker

1:26

So

Speaker 1

1:27

if everyone could please stand and join me in the pledge.

Speaker 7

1:33

I pledge allegiance to the flag of the

Speaker 1

1:35

United States of America.

1:37

And to the Republic in which it stands.

1:45

Honorable Texas flag.

1:47

I pledge allegiance to the Texas one state.

1:50

Under God, one and indivisible.

2:02

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

2:08

This board follows an agenda which is available online.

2:10

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

2:14

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

2:19

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

2:40

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

2:43

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

2:50

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

2:54

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

3:02

We have the authority to hear and decide appeals from a decision or determination made by an 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.

3:17

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.

3:27

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

3:34

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

3:55

Each member will be asked to vote on the motion.

4:13

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

4:23

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

4:26

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

Unassigned speaker

4:31

Thank

Speaker 8

4:31

you.

4:32

Staff will be getting educated of the short presentation of the request.

4:39

And a property within 200 feet of the subject property.

4:41

Check marks indicated with property owners in favor of the request.

4:44

There's indicates those property owners in opposition.

4:56

Those that support an opposition will be a lot of maximum three minutes per speaker.

5:07

Two people giving up their time for a total of nine minutes.

5:10

Those giving up their time must be present and signed up to speak.

Discussion Breakdown — Share of Meeting
Zoning and Land Use█████████████████████████████████████████████57%
Procedural███████9%
Public Safety█████6%
Community Engagement█████6%
Parking███4%
Neighbor Disputes███4%
Neighborhood Conservation District██3%
Engineering And Infrastructure██2%
Public Comment██2%
Summary of Proceedings

San Antonio Board of Adjustment Meeting - September 28, 2026

The San Antonio Board of Adjustment met on September 28, 2026, with a quorum of nine members. The board heard and decided nine appeals for variances and special exceptions from the Unified Development Code, with all votes being unanimous. Several cases were continued to October 12, 2026 due to loss of quorum.

Consent Calendar

  • No formal consent calendar was used; all items were discussed individually.

Public Comments & Testimony

  • Item 6 (506 Topeka Blvd): Margaret Benavides expressed initial confusion about the project scope, but after clarification, stated she was okay with the proposed variance.
  • Item 4 (2045 South Foster Road): Daniel Hillshire, a nearby resident, initially opposed but withdrew his opposition after discussions with the applicant.
  • Item 1 (1224 West French Place): Multiple speakers addressed the board:
    • Alicia Moreno, neighbor, supported the carport and had no issues.
    • Cynthia Walker, reading a statement from Beacon Hill Neighborhood Association, explained the association's split vote: they supported variances for materials (item 2) and side setback (item 4) but opposed the large square footage (item 1), carport location in front/side yard (item 3), and front setback (item 5). She noted the structure was built without a permit.
    • Cynthia Spillman, also from the association, emphasized the main concern was the carport protruding beyond the front facade. The association was willing to compromise if the carport was pulled back.
    • Henry Krause, from the association's zoning committee, reiterated the importance of the NCD standards and the desire for a compromise, specifically that the carport not jut into the front setback beyond 10 feet.
  • Item 7 (343 Schmelzer Lane) [continued]: Two neighbors spoke in opposition:
    • Laura Castile, a 30-year resident, opposed the large commercial-looking carport used for a limousine business, stating it hurt neighborhood character and property values.
    • Tyler Pennington, a nearby homeowner, opposed the carport size, citing traffic safety concerns and the commercial use on a residential lane. He submitted that the business generated undue traffic.

Discussion Items

  • Item 6 – 506 Topeka Blvd (BOA-26-1030172): Applicant requested a one-foot variance from the five-foot side setback (to four feet) for a primary structure. Staff recommended approval. After public comment, the board approved unanimously (9-0).
  • Item 8 – 350 Madero St (BOA-26-1030174): Applicant requested a 760-sq-ft lot size variance (from 4,000 to 3,240 sq ft) for a new residential dwelling. Staff recommended approval. The board discussed that the lot was platted and should have qualified as a substandard lot. Motion passed 9-0.
  • Item 9 – 14440 Hubner Road (BOA-26-1030175): Charter Communications sought a one-foot special exception to allow a six-foot front yard fence (with later barbed wire addition). Staff recommended approval. Motion passed 9-0.
  • Item 11 – Mel Mel Drive (BOA-26-1030177): Applicant requested an 11-foot variance from the 20-foot garage setback to allow a 9-foot setback for 18 townhome lots in a PUD. Staff recommended approval. Discussion centered on road width and on-street parking. The applicant noted a 30-foot paved road and HOA restrictions. Motion passed 10-0.
  • Item 4 – 2045 South Foster Road (BOA-26-1030166): HEB requested a 20-foot variance from the maximum 30-foot light source height to allow 50-foot light poles at a warehouse. Staff recommended approval. The chair recused due to a conflict; Vice Chair Ozuna presided. After a second presentation and public comment, the board approved 9-0.
  • Item 2 – 1514 Rigsby Ave (BOA-26-1030153): Applicant sought multiple variances and buffer eliminations to allow a used car lot building and paved parking (five items, excluding a fence height request that was withdrawn). Staff recommended denial for most items. The board heard testimony about the existing building, prior rezoning, and neighbor support. The motion to grant all variances (except the withdrawn fence) passed 10-0 after a roll call.
  • Item 1 – 1224 West French Place (BOA-26-1030129): Applicant requested five variances from NCD-5 standards and setback requirements for a carport built without a permit. Staff recommended denial. After extensive public comment and negotiation, the board approved a modified motion: materials variance (item 2), side setback variance (item 4), and a location variance (item 3) allowing the carport in the side/front yard but not protruding more than 8 feet from the front wall of the primary structure. The front setback variance (item 5) was effectively addressed by the location restriction. The motion also required installation of gutters. Passed 10-0.
  • Item 3 – 1306 Blanco Road (BOA-26-1030171): Applicant requested a rear setback variance (27 ft 6 in), elimination of buffers on west and east sides, with an 8-foot fence on the east. Staff recommended approval for the rear setback and east buffer, but denial for the west buffer. The board granted all requested variances, noting the city's prior taking of right-of-way as a hardship. Passed 9-0.

Key Outcomes

  • Votes: All decisions were unanimous. (Item 6,8,9,11,4,2,1,3 passed with no dissenting votes; item 6 had a minor counting discrepancy but confirmed 9-0.)
  • Continuances: Items 5 (BOA-26-1030169), 7 (BOA-26-1030171), and 10 (BOA-26-1030176) were continued to October 12, 2026 due to loss of quorum.
  • Director's Report: The Governance Committee approved seven alternate members for the board, to be voted on by City Council on October 8, 2026, to prevent future quorum issues.
  • Minutes: The minutes from the previous meeting were approved.
  • Next Meeting: Scheduled for October 12, 2026, where continued cases will be heard first.

Meeting Transcript

Thank you very much. So if staff could please call roll. Commissioner Reid. Present. Commissioner Stevens. Commissioner Ivanes. Present. Commissioner Dean. Present. Commissioner Cruz. Here. Commissioner Gomez. Commissioner Mana? Present. Commissioner Bragman. Commissioner Benavides. Present. Commissioner Ozuna? Present. Commissioner Vasquez. President. Chair Orion. And I am present. So we have a quorum of nine. Which is the minimum we need to have a meeting. So if everyone could please stand and join me in the pledge. I pledge allegiance to the flag of the United States of America. And to the Republic in which it stands. Honorable Texas flag. I pledge allegiance to the Texas one state. Under God, one and indivisible. 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 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. 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're clearly defined at 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 an 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 f based upon findings of fact, and every finding effect must be supported in the record of the board's proceedings. Each member will be asked to vote on the motion. Appeals from the decision of this board regarding appeals from administrative official, special exceptions or variances, are made to the district or county court at law based on the record of these proceedings. Appeals from the board decisions regarding chapter 28 are made to the city council.

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