The San Antonio Board of Adjustment approved a 421‑square‑foot variance enabling an as‑built detached accessory dwelling unit (ADU) at 266 Vista Road to remain at its current size (1,328 sq ft); the allowable ADU cap based on the primary dwelling would have been 907 sq ft. The application originated from a code‑enforcement stop‑work order after the two‑story structure was built without permits.

Staff told the board the property is 0.2445 acres with a primary home of about 1,814 sq ft; by code the as‑built ADU exceeded the allowable square footage for an accessory dwelling. Staff recommended denial, citing the risk of setting an undesirable precedent and differing structure sizes in the surrounding single‑family area.

Applicant José (Josue/Jose) Hernandez acknowledged the building was constructed without permits and told commissioners he did not fully appreciate the permitting requirements. “I wasn’t really thinking about it,” he said.

Commissioner Stevens said he would support the variance even though the structure had been constructed without permits, noting the corner lot and lot size supported the application. The board’s initial vote failed to reach the threshold required by the code (the motion did not receive the needed supermajority). Commissioners then voted to reconsider the matter; on the subsequent vote the board approved the variance 9–2.

City staff said the Development Services strike team will track the case through the regular permit review process. The owner will still be required to secure building, plumbing and electrical approvals and pay applicable fees and penalties for work performed without permits.

Why it matters: The case highlights the tension between code enforcement and retroactive regularization. It also demonstrates the board’s discretion to weigh lot size, corner‑lot geometry and neighborhood context against staff concerns about precedent and unpermitted construction.