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File #: 15-6173   
Type: Staff Briefing - Without Ordinance
In control: Planning Commission
On agenda: 12/16/2015
Posting Language: Certificate of Determination Appeal 13-172: Request by Gabriel Pop for approval of a Certificate of Determination, generally located on the North side of Priest Road and northwest of the intersection of Priest Road and Shady Forest. Staff recommends Denial. (Donna Camacho, Sr. Planner, (210) 207-5016, donna.camacho@sanantonio.gov, Development Services Department)
Attachments: 1. COD appeal
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
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DEPARTMENT: Development Services

SUBJECT:

Being 1. 00 acre of land located on Priest Road, out of the Francisco Farias Survey No. 15, Abstract 2, County Block 4010, Bexar County, Texas, and being out of a 35.056 acre tract described in deed records in Volume 14259, Page 1591, Real Property Records of Bexar County, Texas.

SUMMARY:

Request by Gabriel A. Pop, for approval of a certificate of determination for 1.00 acre tract of land, generally located on the north side of Priest Road and southwest of the intersection of Priest Road and Shady Forest. Staff recommends Denial. (Donna Camacho, Sr. Planner, donna.camacho@sanantonio.gov, Development Services Department)

BACKGROUND INFORMATION:
Council District: OCL
Owner: Gabriel and Belinda Pop
Staff Coordinator: Donna Camacho, Sr. Planner

ANALYSIS:
Zoning:
The property is located outside the city limits of San Antonio, therefore zoning is not applicable.

Use:
Single-Family Residential

Background Information:
The owners applied for a certificate of determination with the intent to receive electricity service to build a new house; however, his request was denied because it did not meet any of the current exceptions outlined in 35-430(c) of the Unified Development Code.

The applicant is appealing the denial of his request for Certificate of Determination. The applicant stated that he disagrees with Section 35-430(c)11(c) which states: the property must be in its same configuration prior to January 1, 2005; for utility purposes it should not matter when a property was reapportioned.





ALTERNATIVES:

The Planning Commission may deny the appeal based on Unified Development Code (UDC) Sec. 35-430(c) Plat Exceptions. If the appeal is denied the lot must be platted.
The Planning Commission may approve the appeal based on a determination that staff's interpretation of the Unified Development Code, Section 35-430(c)(11)(c) and application was done in error.

RECOMME...

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