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San Antonio Board of Adjustment approves several variances, denies one short-term-rental restoration request
Summary
At a public hearing, the Board of Adjustment approved multiple site- and fence-related variances — including setback reductions, an ADU conversion and city-facility fencing — and declined to restore one short-term rental permit after split testimony and a 5–6 vote against the motion.
The San Antonio Board of Adjustment on Monday heard arguments on more than a dozen variance and special-exception requests, approving multiple requests tied to setbacks, buffers and fence materials while rejecting a petition to reinstate a Type 2 short-term rental permit.
Planning staff opened the hearing by explaining legal findings the board must make for special exceptions and variances. Staff told the board that a Type 2 short-term rental at 122 Bella Vista would raise the block’s short-term-rental density above the 12.5 percent cap and recommended denial. Applicant Enrique Lavitman said he previously held a permit and that the expiration resulted from being abroad, not from past complaints. “He estado en cumplimiento y nunca he tenido ninguna violación,” Lavitman said, urging the board to restore the permit based on his operating history and neighbor contacts.
Commissioners pressed on several factual points, including parking configuration, how existing permit expirations were handled, and whether the block’s current STR count allowed another Type 2 permit. After discussion and a motion to grant the exception, the board did not find the necessary nine affirmative votes; the motion failed by a 5–6 margin. Staff advised the applicant to consult with staff about next steps.
Other cases drew support. The board approved an amended set of variances to allow a food-service pavilion and reduced rear setback for the Juan Guillermo Vargas property on Northwest 24, after commissioners found the lot’s narrow shape and long history of commercial use created a practical difficulty for literal application of the code.
On Old Pearson Road, an applicant seeking relief from landscape-buffer requirements for a small container-restaurant presented engineering constraints and proposed alternatives. Commissioners and staff negotiated a narrower buffer in some locations instead of full elimination; the board signaled conditional support for a reduced buffer when coupled with site improvements and drainage assurances.
A request to convert a rear porch/garage into an accessory dwelling unit (ADU) in the King William historic district proceeded after HDRC review and clarifications about parking and design. The applicant’s representative said the unit is intended for family use rather than rental; commissioners approved setback variances while noting that any future use as a short-term rental would require separate review.
Fences and materials were a recurring theme. A property on West Malone won a limited special exception for a predominately solid three-foot front fence that predates a recent sale; the board discussed a 12-month nonconformance rule and required the reconstructed fence to meet the approved openness standard if rebuilt. Separately, the board approved a city-backed request to replace an existing chain-link perimeter with an 8-foot decorative fence around a community building, with HDRC and operations conditions.
In a contested case on Connel Street, the board granted a material-variance to allow corrugated metal as a fence material at a property used for storage and demolition work, citing theft and security concerns and the preexisting, nonconforming condition in the neighborhood.
Votes at a glance - 122 Bella Vista (Enrique Lavitman) — Request to restore a Type 2 short-term rental permit: motion to grant failed, vote recorded as 5–6. (Staff had recommended denial.) - Juan Guillermo Vargas (B0A 2610300076) — Variances for food-service pavilion, reduced rear setback and related relief: motion carried as amended (board majority; motion read and seconded on the record). - Mission Street ADU (B0A 2610300065) — Setback variances to permit an accessory dwelling unit in the King William district: motion carried; final recorded vote 9–1 with one abstention recorded for a separate case in the same block. - West Malone fence (B0A 261030031) — Special exception for an existing predominantly solid front fence: motion carried with conditions on openness/reconstruction timing. - Connel Street (corrugated metal fence) — Material-variance to retain corrugated metal given site security and nonconforming history: motion passed unanimously on the record.
What the board said about next steps Several applicants were told to meet with planning staff to provide additional documentation (neighborhood letters, proof of tax or licensing status, or revised site plans) before the board’s May docket or administratively. Commissioners repeatedly emphasized that approvals tied to physical hardship or unusual lot shapes could be revisited if an applicant later sought a different use (for example, converting a family ADU into a short-term rental).
The board approved minutes and adjourned following a brief director’s report request about filling staff vacancies. If applicants or neighbors want to follow up, staff offered contact guidance and the board encouraged written documentation when neighborhoods claim support or opposition.
Sources: San Antonio Board of Adjustment hearing transcript; planning staff presentations and applicants’ testimony.
