The San Antonio Board of Adjustment on [date not specified] considered zoning variances, appeals of short‑term‑rental permit revocations and special‑use requests, delivering a mix of approvals, denials and one postponement.
The board approved multiple property variances that would allow existing or proposed accessory structures and reduced setbacks at several properties, including approvals for a garage and accessory‑structure adjustments on East Broadway, Remount Drive and other addresses. The board denied or failed to overturn one administrative revocation of a short‑term‑rental permit and voted against reducing the required 200‑foot separation for certain food‑truck patios in a few neighborhoods; one food‑truck patio request was postponed for further community outreach.
Why it matters: the board’s decisions affect immediate property work — permitting construction or legalizing work done without permits — and set near‑term limits on new short‑term rentals and mobile‑food operations in affected neighborhoods.
What the board decided (Votes at a glance)
- BOA‑25‑103‑00193 (1058 S. Press / garage and accessory‑structure setbacks): Motion to grant variances for garage depth, accessory structure setback and clear‑view requirement — motion passed unanimously. Staff presentation and applicant testimony were followed by a motion from Commissioner Mana; the board recorded unanimous approval.
- Appeal of administrative revocation (704 Countyway — Michelle González): Motion to grant the appeal of the short‑term‑rental (STR) permit revocation failed (10–1). The board found the city’s notice and collection history sufficient to support revocation; the applicant told the board she missed notices and later paid taxes but the board did not overturn the revocation.
- BOA‑25‑103‑00155 (311 Warren Street — special exception for additional STR type‑2 permit): Board granted the special exception (9–2). The applicant said she recently closed on the property and had been working with design consultants; the board limited the permit as required by code and noted a three‑year review.
- Appeal (1211 S. Pine / Kimberly Deavol): Board granted the appeal (6–5). The applicant described portal and reporting issues that prevented timely HOT (hotel occupancy tax) reporting and said she worked with city staff to resolve the portal problems.
- 104 J K Avenue (Sandra Montes — parking/adjustment for STR): Applicant sought an administrative parking adjustment to meet STR parking requirements. After discussion of narrow alley/right‑of‑way constraints and neighborhood safety, the board moved to postpone the matter to November 17 so the applicant can meet with staff and neighbors and explore options (postponed).
- 33063 Southwest Military Drive (food‑truck patio request): Board denied the requested reduction of the 200‑foot separation requirement (motion failed 5–7). Staff and several commissioners cited noise, light and proximity concerns for adjacent residences.
- 8338 Broadway (KFM Engineer & Design — rear setback variance for new restaurant): Board granted a 10‑foot reduction to the required rear setback to allow proposed restaurant and circulation without dropping below the parking minimum (approved unanimously).
- 703 W. Rosewood Avenue (Alfredo Enrique de la Riva — accessory‑unit / accessory‑structure variances): Board approved a reduced total accessory‑structure cap and other variances after the applicant amended the request to remove some additions; vote passed 10–1. The applicant and representative said much of the work predated their ownership and that they are seeking to legalize and finish permitted repairs.
- 191 Remown Drive (accessory‑structure and garage setbacks): Board approved variances to allow accessory structures and a garage with reduced lateral setbacks after the applicant testified the adjacent alley/right‑of‑way and lot configuration limit alternatives (approved unanimously).
- 939 Southwest Military Drive (multiple accessory structures and shade structure): Board granted variances to allow a metal shade structure and accessory structures to remain, while staff recommended denial of some accessory portions; the board approved in a 9–1 vote.
- 3101 Vans Jackson Road (church expansion / access to parking via alley and related parking‑layout exemptions): Board approved variances to allow the church to use the alley for vehicular access and to configure parking without a separate maneuvering lane, contingent on dedication and alley improvements (approved 10–0).
- 6026 N. New Braunfels (food‑truck patio request): The board found concerns among nearby neighborhood groups and did not approve the requested reduction of the 200‑foot separation; after debate the board agreed to postpone the matter for additional outreach (motion to deny failed; item postponed).
Key details and recurring themes
- Short‑term rentals: The board denied an appeal to reinstate a revoked STR permit where the record showed unpaid hotel‑occupancy taxes and a 90‑day notice process; other STR‑related special‑use requests were approved with the board noting code limits, neighborhood density caps and a three‑year review when applicable.
- Work done without permits: Several approvals involved structures previously altered or enlarged without permits; applicants said work predated their purchase and asked to legalize the work while committing to complete permitting and remediation.
- Food‑truck patios: Multiple petitions to reduce the code’s 200‑foot residential separation requirement were opposed by staff or neighborhood groups; board members repeatedly cited potential noise, light and traffic impacts as reasons to deny or postpone relief.
- Parking and alley access: For properties constrained by narrow lots or alleys, the board discussed engineering, fire‑access and alley‑improvement conditions. At least one applicant agreed to alley improvements and a dedication if the variances were approved.
Speakers (partial list of persons who spoke during the items summarized)
- Commissioner Ana Mana (chairing motions) — role: Commissioner (government)
- President Oren — role: Board president (government)
- Commissioner Benavides — role: Commissioner (government)
- Commissioner Mena — role: Commissioner (government)
- Commissioner Cruz — role: Commissioner (government)
- Commissioner Ozuna — role: Commissioner (government)
- Commissioner Brown — role: Commissioner (government)
- Commissioner Berrington — role: Commissioner (government)
- Commissioner Stevens — role: Commissioner (government)
- Commissioner Gómez — role: Commissioner (government)
- Commissioner Vázquez — role: Commissioner (government)
- Juan Álvarez — role: Planner, Development Services (government)
- Joseph Leos — role: Senior Planner, Development Services (government)
- Tyler Adam — role: Planner, Development Services (government)
- Rob Kelem (representing KFM / applicant counsel) — role: Applicant representative (business)
- Denisse López — role: Applicant (resident) (citizen)
- Omar Okrama — role: Applicant (citizen)
- Michelle González — role: STR permit appellant (citizen)
- Jennifer Reese Hollinger — role: Applicant for STR exception (citizen)
- Kimberly DaBold — role: STR appellant (citizen)
- Sandra Montes — role: Applicant (citizen)
- Scander (Alex) Sequel — role: Applicant for food‑truck patio (citizen)
Authorities cited (as referenced during the meeting)
- Code of Government, Chapter 211 — referenced by staff as the statutory authority for administrative appeals (type: statute; referenced_by: ["meeting_opening_explainer"]).
- City Unified Development Code (UDC), Chapter 35 — referenced repeatedly for setback, use and STR rules (type: regulation; referenced_by: ["staff_presentations","votes"]).
- City code section referenced for STR revocation process and HOT reporting (staff cited notice and 90‑day procedures) — (type: regulation; referenced_by:["STR_revocation_item"]).
Clarifying details (selected)
- Notices sent: several items included staff counts of mailed notices: e.g., 32 notices for 1058 S. Press (no opposition), 38 notices for one STR item, 95 for 311 Warren (no responses), 36 for 104 J K Avenue (parking) and 25 for the Southwest Military food‑truck request. Where the staff slide listed counts, the board referenced them in deliberations.
- STR revocation timeline (704 Countyway): staff said seven notices were sent for missed HOT payments; the final notice was sent July 14 and the permit was revoked July 29 after no full payment within 90 days.
- Review windows and conditions: where approved, the Board often noted that STR permits or special exceptions are reviewed by code after three years (311 Warren example) or are limited by the UDC density caps (percent of façade) and fire‑safety requirements.
Meeting context and engagement
- The meeting included a full panel of commissioners and multiple public speakers and applicants. Items involving alleged unpermitted work drew robust public comment and neighbors’ written support or opposition in multiple cases.
- Implementation risk: Several approvals depended on applicants completing permitting, alley improvements or tax reconciliation with city finance systems; the board sometimes conditioned approvals on those follow‑up steps.
Next steps and follow‑up
- Applicants with approved variances must complete required permits and any mitigation (e.g., alley paving or dedication, landscape contributions or altered lighting) before final building approvals are issued.
- The board postponed at least one parking/adjustment item (104 J K Avenue) and one food‑truck patio matter (6026 N. New Braunfels) to allow the applicants to meet with staff and neighborhood groups for further outreach and technical adjustments.
Provenance (selected evidence excerpts from the meeting transcript)
- Topic intro — 1058 S. Press presentation (staff): "El la solicitud al 10 58 Steven Avenue... se está solicitando que se tenga una variación ..." (staff presentation describing the variances requested).
- Topic finish — 1058 S. Press vote: "¿Sí estoy de acuerdo con los hallazgos, la moción pasa unánimemente." (unanimous approval recorded on the transcript).
- Topic intro — 704 Countyway (STR revocation appeal): "... Michelle González está pidiendo una apelación de la decisión del administrador de revocar el permiso de alquiler a corto plazo... el permiso fue revocado en julio de 29." (staff timeline and revocation explanation).
- Topic finish — 704 Countyway vote: "La moción falla 10 a 1." (vote result recorded on the transcript).
- Topic intro — 311 Warren Street (STR exception): "... se solicita una excepción especial para permitir un permiso adicional de alquiler a corto plazo tipo 2..." (staff overview of density and façade limits).
- Topic finish — 311 Warren Street vote: "La moción pasa 9 a 2. Nos vemos entonces en 3 años." (board decision and review interval).
- Topic intro — 104 J K Avenue (parking adjustment): "La recomendación del personal es denegación... la asociación de vecinos de Collins Garden... respondieron en oposición." (staff recommended denial; neighborhood opposition noted).
- Topic finish — 104 J K Avenue outcome: "Tenemos una moción ... para aplazarlo a la junta de noviembre 17... La moción pasa." (postponement recorded).
(Additional topicintro/topfinish excerpts are preserved in the meeting record for each action listed above.)
Reported by: Board meeting transcript and staff presentations recorded in the meeting record; applicant statements and roll‑call votes recorded on the public audio/transcript.
Ending: The board closed the session after approving minutes and scheduling follow‑up; items postponed were set for subsequent meetings and several approvals require follow‑up permitting and inspections before construction may proceed.