Board of Adjustments overturns HDRC approval for proposed deck at 235 East Commerce

The San Antonio Board of Adjustments on Thursday voted 9-1 to grant an appeal that overturned a Historic and Design Review Commission (HDRC) certificate of appropriateness for a proposed rear dining deck at 235 East Commerce Street, a site that also fronts the Riverwalk.

Edward Hall, an Office of Historic Preservation staff member, told the board staff supported the HDRC decision and recommended upholding the certificate of appropriateness, saying the permit process and HDRC findings supported the deck as presented. "My name is Edward Hall from the city's office of historic preservation," Hall said during his presentation, explaining that the HDRC and staff had reviewed footprint, materials and impacts and had required certain stipulations for work within the right of way.

Abutting property owners and hotel managers urged the board to reverse HDRC's action. Ken Brown, who said he represents Omni Hotels & Resorts and the adjacent properties, told the board the deck "covers up a lot of the facade" and would harm the character and operations of long‑established hotels. "Our biggest fear is that this is going to be put up, and it's not gonna work out," Brown said, adding concerns about noise, hours of operation and the possibility of a future operator altering the use.

Rusty Wallace, general manager of Omni La Mansion del Rio and the Mokara Hotel & Spa, told the board the deck would block key views and reduce the value of premium river‑facing rooms. "You won't hear the fountain anymore," Wallace said, describing how guests use the river‑view rooms and asking the board to protect abutting hotel operations. Brian Davis, another Omni representative, added worries about water runoff and event‑day crowding on the Riverwalk.

The project's owner representative, Marco Barros, said the design team viewed the feature as a restaurant patio and that similar patios exist elsewhere on the Riverwalk. He said construction and operational details, including hours and final use, would be refined during permitting and that the project team intended to comply with city permitting and construction requirements.

Board members asked staff and participants about lease and air‑rights issues, whether the proposed deck extended outside an existing lease area, and what constraints the Unified Development Code imposes on structures over Riverwalk elements. Staff said the applicant does have a lease for space under part of the proposed deck but that construction that extends beyond existing leased areas or that obstructs pedestrian elements would raise separate concerns.

After public testimony and rebuttals, Commissioner Orian read a motion to grant the appeal, stating the record supported overturning the HDRC decision and returning the design to the applicant for revision and further review. The board approved the appeal: "So 9 in favor, 1 in opposition. The appeal does pass," the chair announced.

What the board's vote does not do is permanently prohibit a future, revised design. Several members noted the result sends the project back to the applicant to revise plans and engage more directly with abutting property owners and HDRC staff. Edward Hall said staff expected the applicant could return to HDRC with a modified design if the appeal remains denied at that stage.

Next steps: Because the board granted the appeal, the HDRC approval was effectively overturned; the applicant may return with revised designs and new permit applications. Staff and board members urged proponents and neighbors to engage in additional design collaboration before new formal approvals are sought.