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San Antonio Board of Adjustment hears multiple variance requests; several approved, several denied or continued

January 06, 2025 | San Antonio, Bexar County, Texas


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San Antonio Board of Adjustment hears multiple variance requests; several approved, several denied or continued
The San Antonio Board of Adjustment met in a regularly scheduled hearing and considered more than a half dozen variances and appeals, including requests for a short-term rental exception, a large signage variance along Austin Highway, rear- and side-yard setback relief, garage and fence variances, a three-unit subdivision proposal and an administrative appeal involving a triplex.

Why this matters: Board decisions determine whether property owners may build or alter structures, add signage or operate short-term rentals in ways that differ from the Unified Development Code. Several outcomes turned on neighborhood opposition or the board's requirement that certain approvals meet a supermajority threshold.

Votes at a glance

- BOA-24-103-00232 (914 N. Olive St., Unit 501) ' special-exception request to allow an additional Type 2 short-term rental at the property. Motion to grant failed (yes: 3, no: 8). The board cited the density of existing short-term rental permits on the block and objections from neighborhood callers and voicemail comments. (Transcript references: staff presentation and applicant testimony at start of agenda; vote recorded at 18:34–18:46.)

- VA-24-103-00229 (NW Loop/ Austin Highway, sign variance) ' request to allow a 50-foot sign up to 166 sq ft in MC-3 corridor. Approved (11-0). Staff recommended denial but the board found unique site visibility issues and that removal of an existing sign reduced impact; neighborhood organization communications were mixed. (Staff presentation and approval recorded in the meeting record.)

- BOA-24-103-00223 (2127 W. Woodland Ave.) ' requests for reduced side and rear setbacks (applicant: Yanel Chase). Board approved the lateral setback variance and, after discussion about floodplain and alley access, also approved the rear setback relief with conditions; commissioners emphasized required FEMA and historic-preservation reviews and alley maintenance/access considerations. (Motion and roll-call support recorded in the transcript.)

- BOA-24-000-1219 (Wiseman St. addition) ' owner-built addition found to have been constructed without required permits; the board continued the matter to Feb. 10 to allow the owner time to address maintenance/access issues (notably gutter/roof drainage and neighbor maintenance access) and to obtain documentation. (Applicant testimony and motion to continue recorded in the hearing.)

- BOA-34-3226 (300 Del Mar) ' request to allow three separate residences on under one acre with reduced parking. Motion to approve failed, 8-3; several commissioners indicated a majority supported the request but the board requires a supermajority for this relief, so the motion failed. The Denver Heights neighborhood association expressed concern about scale and configuration during public comment.

- BOA-24-103-00227 (Zira Village property) ' garage built without a permit; applicant sought a front-yard/frontage and rear-yard relief to retain a multi-car carport. The board granted the variance after hearing testimony from the owner and confirming drainage and construction details, with commissioners noting the owner's efforts to get permits and that neighbors signed support.

- BOA-24-103-00234 (257 E. Baylor St.) ' request for a half-floor variance to allow a three-story residential building. The motion to allow the half-floor variance failed on an 8-3 vote; commissioners discussed precedents for open porches and third-floor decks but ultimately did not reach the required supermajority for this variance.

- BOA-10-303-00236 (3602 Argon Dr.) ' garage constructed close to the lot line; after the applicant agreed to options for gutters or minor relocation of posts, the board approved a reduced side-yard separation (approval recorded by roll call and conditions to address drainage).

- BOA-24-103-0238 (3222 El Paso St.) ' limited lateral setback relief to accommodate a water-heater location and minor addition; staff recommended approval and the board approved the limited variance (no public opposition was recorded).

- BOA-24-103-0239 (2456 Cincinnati Ave.) ' administrative appeal concerning whether a property qualifies as a nonconforming triplex. The board voted not to grant the applicant's appeal (motion failed 8-3); commissioners noted that historical permit records and earlier surveys did not establish permitted status for the third unit and gave the applicant options to pursue rezoning or other administrative remedies.

- BOA-24-000-242 (4110 Wico Road) ' request for an up-to-ten-foot privacy fence adjacent to residential parcels for an auto-storage/repair use. The motion to grant a ten-foot fence failed (4-7); commissioners discussed whether an eight-foot fence (an administrative special exception in some cases) or other mitigation would address neighborhood concerns and whether councilmember input had been provided.

What the board emphasized

Board members repeatedly reminded applicants that decisions must be fact-based and grounded in the Unified Development Code and that certain approvals require a supermajority (three-quarters of members present, nine votes in this hearing) to pass. Commissioners pressed applicants on drainage (gutters/canopies), historic-preservation review when properties lie in historic districts, floodplain elevation and FEMA review, and whether changes in ownership would require a new application. Several cases with neighborhood opposition were either denied or continued to allow additional outreach.

Next steps and follow-up

- The Wiseman St. case was continued to Feb. 10 for the owner to address maintenance access and drainage and to return with evidence of neighbor coordination.
- Applicants denied or lacking the supermajority approval were informed of administrative paths (rezoning, reapplication, or design revisions) and advised to coordinate with staff before returning.

Speakers quoted during the meeting include applicants, engineers and commission members whose full names and roles are recorded in the hearing record below.

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