San Antonio Board of Adjustment upholds code on auto body shop, splits on short‑term rental and ADU requests

The San Antonio Board of Adjustment on the meeting record took separate votes on multiple zoning and variance requests, including a rejected appeal from an auto body shop owner near Mission San Jose, a failed parking waiver for a Beauregard Street short‑term rental, the approval of a second short‑term rental permit at 130 Stella Street, approval of an accessory dwelling unit (ADU) variance after a negotiated reduction, and several setback and fence/landscape decisions.

Why it matters: The board’s decisions affect neighborhood character, regulation of short‑term rentals, the future of an auto body shop adjacent to the Mission San Jose area and several property owners’ renovation plans. The auto‑repair appeal and the short‑term rental votes drew the most extended public and commissioner discussion.

Auto body shop appeal denied

The board refused to overturn a Development Services determination that an auto light‑truck repair and paint‑and‑body business at 3406 Roosevelt Avenue lost its nonconforming status after an unpermitted building addition. The owner, Joel Ferdin, told the board he expanded the building to move two aging paint booths away from the office for safety and spent roughly $1.3 million on improvements; his attorney, Baltazar Serna, said the property had been used as an auto body shop since the 1950s. Neighbors and the Mission San Jose Neighborhood Association opposed the appeal, citing visual impacts and the proximity to historic Mission San Jose.

Commissioners discussed that expansion of a nonconforming use typically terminates the nonconforming right, meaning an enlargement triggers a need for rezoning or a new permit path. The board voted to deny the appeal, leaving the owner with administrative options such as a rezoning application or other permitting routes if he wishes to continue the use in its expanded form. The motion to grant the appeal failed on roll call (majority voted not to concur).

Short‑term rentals: parking waiver fails; Stella Street exception approved

On a request to waive the one required off‑street parking space for a short‑term rental at 222 Beauregard Street Unit 4, staff (senior planner Joseph Leos) noted the Unified Development Code and a short‑term rental ordinance requirement (code section 16‑1108b and UDC chapter 35). Applicant Sarah Fouts said the unit has operated since March 2022 with no complaints and that guests often use rideshare or street parking.

Commissioner Benavides moved to grant the parking adjustment, citing the unit’s operating history and lack of complaints; the motion was seconded. After discussion and a voicemail from a nearby King William resident opposing further parking impacts, the board’s roll call produced eight votes in favor and three opposed but a 75% concurring vote of the full board (nine votes) is required for the motion to carry. Chair Orian formally announced the motion did not pass because it fell short of the nine‑vote threshold. The Foutses were directed to consult with staff about alternatives.

Separately, the board granted a special exception to allow a second type‑2 short‑term rental at 130 Stella Street Unit 201. Applicant Daniel Rossetti — who described doing rental arbitrage to help transition military families near Joint Base San Antonio — said his proposal would not increase block density because one of the existing two permits had been revoked and the owner was out of the area. Staff recommended denial; the board approved the exception on a 9–2 vote and noted the matter will return for review at the 3‑year permit renewal point.

Accessory dwelling unit (ADU) compromise approved

A request at 346 Thorman Place asked to exceed the neighborhood conservation district (NCD6) accessory structure limit. Staff recommended denial because the proposed ADU (initially 799 square feet, roughly 52% of the primary structure) exceeded the NCD standard limiting accessory structures to 40% of a primary structure’s footprint. The applicant said the extra area was intended to make the unit accessible for aging‑in‑place and caregiving; his mother, an occupational therapist, described accessibility needs such as turning radiuses and transfer clearances.

Neighborhood advocates and the Mankey Park Neighborhood Association opposed the variance, citing NCD protections and precedent. After discussion and a negotiated friendly amendment to reduce the ADU size to 750 square feet, the board approved the reduced request by roll call.

Other variances and special exceptions

- 344 Linares Avenue: The board granted a variance to allow a new porch with a 1 foot‑8 inch side setback (a 3 foot‑4 inch variance from a 5‑foot side setback). Staff noted the porch aligns with a historic building line and enough space remains for runoff and maintenance; commissioners approved the request.

- 700 Crystal Street: The board granted a variance allowing the property to retain 5,003 square feet of accessory structures (exceeding the usual 2,500‑square‑foot allowance) and separately approved a special exception to allow a 6‑foot‑4‑inch predominantly open front fence (one of the two votes on this parcel). Staff recommended denial of the structure variance but the board found the lot size and circumstances supported keeping the existing accessory structures and approved both actions.

- 11006 Bandera Road: At the applicant’s request, and because Texas Department of Transportation may expand Bandera Road’s right‑of‑way, the board approved a front‑setback variance to recess new buildings further from the present front property line so future right‑of‑way adjustments will not require demolition.

- 4729 West Commerce Street (Crosstown Mercado): The applicant sought elimination of a required 10‑foot landscape buffer and an exemption from a fence requirement along rear residential property lines. After discussion staff and city landscape staff confirmed the developer could provide equivalent landscape area by removing two parking stalls, the board approved a reduced 5‑foot buffer (or equivalent landscape area) and approved not requiring a new, separate privacy fence where rear residential owners already maintain fencing.

What happens next

Most approvals carry standard permit, site‑plan and inspection conditions. Several actions (notably the Stella Street special exception) were noted to return to staff review or return at the required renewal interval. The auto body shop owner was directed to discuss rezoning or permit options with staff after the denial of the appeal.

Votes at a glance

- BOA‑25‑10300120 (222 Beauregard St, Unit 4) — parking adjustment to waive 1 required off‑street parking space for a short‑term rental. Motion failed (8 yes, 3 no; nine concurring votes required). Mover: Commissioner Benavides; second: Commissioner Zuna. - BOA‑25‑10300121 (130 Stella St, Unit 201) — special exception to allow a second type‑2 short‑term rental on the block face. Approved 9–2; motion moved by Commissioner Bragman, second Commissioner Benavides. Staff recommended denial; board approved with 3‑year review noted. - BOA‑25‑1XX (3406 Roosevelt Ave) — appeal of nonconforming use denial for auto light‑truck repair and auto paint and body. Appeal denied; board concluded the unpermitted expansion terminated nonconforming rights and the owner must pursue rezoning or permitting options. - BOA‑25‑10300119 (344 Linares Ave) — variance for 1 ft‑8 in side setback for a porch (3 ft‑4 in variance). Approved (motion by Commissioner Bragman). - BOA‑25‑10300123 (700 Crystal St) — variance to keep 5,003 sq ft of accessory structures (limit normally 2,500 sq ft) and special exception to allow 6 ft‑4 in predominantly open front fence. Both approved; staff had recommended denial of structure variance. - BOA‑25‑10300124 (11006 Bandera Rd) — 16 ft‑4 in variance from the front setback to accommodate potential TxDOT right‑of‑way expansion. Approved unanimously. - BOA‑25‑10300126 (346 Thorman Pl) — ADU variance requested to allow a larger accessory dwelling unit; applicant and commissioners negotiated a friendly amendment to reduce the request to 750 sq ft; approved on a roll call vote. - BOA‑25‑10300127 (4729 W. Commerce St) — requested elimination of 10‑ft landscape buffer and of a fence requirement. Board approved a 5‑ft buffer (or equivalent landscape area) and permitted not requiring a new privacy fence where residential owners already maintain rear fencing.

Speakers and who said what

Speakers on the record included Joseph Leos (Senior Planner, Development Services), Juan Alvarez (Planner, Development Services), Marco Moravi (Principal Planner), city engineers and code staff; applicants Sarah and Aaron Fouts (Beauregard STR), Daniel Rossetti (Stella Street STR), Joel Ferdin (owner of Joel’s Collision Center) with counsel Baltazar Serna, Mike Sowery (Thorman ADU applicant) and family representatives, Cindy and Sandra Salazar and Andrew Salazar (Crystal Street applicants), Al Carroll (Tri Tech Engineering), and Eduardo Sotto (project representative for Commerce). Multiple commissioners spoke during debate, including (as recorded) Commissioners Benavides, Ozuna (sometimes transcribed “Zuna/Ozona”), Bragman, Manner, Stevens, Dean, Burrington and Chair Orian. Public comments and voicemails were received from neighborhood association representatives and residents, including an opposition voicemail from a King William resident about parking impacts and recorded comments from Mission San Jose and Hotwells/Mission Reach neighborhood associations on the auto‑repair matter.

Authorities and codes cited (as discussed on the record)

- City code section 16‑1108(b) (short‑term rental parking requirement) — referenced by staff in the Beauregard item. - Unified Development Code (UDC) chapter 35 (zoning; parking and nonconforming use provisions cited in several items). - Texas Local Government Code chapter 211 (and related city code chapters referenced during chair’s opening remarks and explanation of board powers). - NCD‑6 (Menke Park Neighborhood Conservation District) accessory structure standard (40% of primary footprint) — cited in the Thorman Place ADU discussion.

Clarifying details from the record

- 222 Beauregard Street Unit 4: condo regime with 12 units on the block face; staff mailed 69 notices and received four in favor and zero in opposition; renewal of the STR cannot be approved without relief from the BOA. - 130 Stella Street: block face totals 10 single‑family/duplex/triplex/quad units; one active Type‑2 STR already (10/31/2024); staff mailed 40 notices with no responses in favor or against. - 3406 Roosevelt: owner reported roughly $1.3 million in building improvements, including two modern paint booths; staff cited aerial evidence of an unpermitted expansion between Jan 2024 and March 2025. - 700 Crystal Street: parcel ~1.16 acres; owners demolished nine accessory structures before the hearing and sought to retain remaining accessory structures totaling 5,003 sq ft. - 4729 W Commerce (Crosstown Mercado): staff and landscape staff indicated a 5‑ft buffer could be met by converting two parking stalls into landscaped area; 78 notices mailed with opposition from the Prospect Hill Neighborhood Association.

Proper names mentioned on the record

San Antonio; Joel’s Collision Center; Joint Base San Antonio (Fort Sam Houston and Lackland referenced in testimony); King William neighborhood; Mission San Jose; Hotwells/Mission Reach; Menke (Mankey) Park Neighborhood Association; Crosstown Mercado; Tri Tech Engineering.

Meeting context and next steps

The board’s decisions will be reflected in the formal minutes and file records. Approvals are conditioned on standard permitting, plan review and inspections. Parties denied or whose appeals failed were advised to work with Development Services staff on next steps (rezoning, plan corrections or resubmittal). Several items — notably the Stella Street special exception — were noted to return at the standard renewal/renewal‑by‑staff interval.

Ending

The Board of Adjustment adjourned after approving the minutes and hearing a brief director’s report; staff reminded participants that agenda posting rules and permit processes are being updated and that applicants should coordinate with staff if they plan to pursue rezoning or administrative remedies.