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Board of Adjustment issues mixed rulings on variances, short-term rental appeals and food-court requests

October 20, 2025 | San Antonio, Bexar County, Texas


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Board of Adjustment issues mixed rulings on variances, short-term rental appeals and food-court requests
The San Antonio Board of Adjustment on [date of meeting] issued a series of decisions affecting short‑term rentals, setback variances and proposals for mobile food courts, approving several site-specific variances while denying or continuing contentious requests that drew opposition from neighborhood groups.

The board approved routine variances that permit redevelopment along Broadway and in other commercial corridors, and it granted a short‑term rental exception on Waring Drive. It denied two appeals seeking reinstatement of short‑term rental permits where staff documented tax‑collection delinquencies. Two separate requests to establish mobile food courts within 200 feet of single‑family residences were denied or continued after neighborhood groups raised concerns about noise, light, parking and “commercial creep.”

Votes at a glance
- BOA-2510300193 (1058 Steves Ave) — Applicant: Omar Grama. Request: variances for side setbacks and driveway clear‑vision to retain carport, accessory structure and front fence. Board action: APPROVED (unanimous). Motion by Commissioner Manner; second by Commissioner Zoona. Yes: 11; No: 0.

- BOA-2510300150 (704 County Way) — Applicant: Mitchell Gonzales. Request: appeal of Development Services revocation of a short‑term rental permit for delinquent hotel occupancy taxes (HOT). Board action: DENIED (motion failed). Motion to grant the appeal was MOVED and FAILED 1–10 (only Commissioner Ozuna voted to grant).

- BOA-2510300155 (311 Waring Drive) — Applicant: Jennifer Reese Holliger. Request: special exception to allow an additional Type 2 short‑term rental on the block face. Board action: APPROVED (special exception). Motion by Commissioner Manner; second by Commissioner Benavides. Vote: 9–2 (Commissioners Stevens and Dean opposed). Permit to operate will be reviewed at the normal renewal interval.

- BOA-2510300164 (1211 South Pine St) — Applicant: Kimberly DeVault. Request: appeal of permit revocation for HOT collection delinquency. Board action: Motion to grant the appeal FAILED 6–5. (Board discussion cited community support balanced against the city’s HOT collection rules.)

- BOA-2510300194 (1104 Dickey Ave) — Applicant: Sandra Montes. Request: parking adjustment to waive required off‑street parking for a short‑term rental. Board action: CONTINUED to Nov. 17 for the applicant to pursue an alternative (possible shared/easement access) and return with additional information. (Voice vote; recorded opposition by Commissioner Brown to the continuance.)

- BOA-2510300160 (3803 SW Military Dr) — Applicant: Benita Cordova. Request: reduction of the 200‑foot residential separation to locate a mobile food court 15 feet from a single‑family use. Board action: DENIED (motion failed 5–7). Board members opposing the variance cited proximity to residences and potential noise/light impacts.

- BOA-25103175 (8338 Broadway) — Applicant: KFM Engineering & Design (Andy's Frozen Custard). Request: 10‑foot variance to allow a 20‑foot rear setback for a new commercial building and drive‑through. Board action: APPROVED (unanimous; 10–0 recorded). Motion emphasized existing lot depth constraints and prior precedent on adjacent lots.

- BOA-2510300176 (703 W. Rosewood Ave) — Applicant: Alfredo R. de la Riva. Request: several variances tied to accessory‑structure size and setbacks in NCD‑5 (Beacon Hill). Applicant amended to remove two sheds; board approved the amended request to legalize the 1,080‑sq‑ft detached accessory dwelling unit. Board action: APPROVED (10–1 after amendment).

- BOA-2510300190 (191 Remont Dr) — Applicant: Abiel Chavez Espinosa. Request: side‑setback variances to allow an existing carport and two accessory structures to remain. Board action: APPROVED (unanimous; 11–0). The applicant told the board he built without permits and asked for forgiveness to legalize longtime structures.

- BOA-2510300191 (939 SW 30th St) — Applicant: Susana Contreras. Request: multiple side‑setback variances for a patio/covered structures and chicken coop. Board action: APPROVED (9–1). The owner said most work was performed by a son and asked to legalize existing improvements.

- BOA-2510300192 (3101 Vance Jackson Rd) — Applicant: Gospel Myanmar Church. Request: allow vehicular access from an alley and eliminate a required turnaround for a proposed parking expansion tied to a sanctuary addition. Board action: APPROVED (10–0). Motion included conditions to replat, provide an irrevocable ingress/egress easement and upgrade the alley to local‑street standards to ensure emergency access.

- BOA-2510300195 (602–606 N. New Braunfels / 1513 Dawson St) — Applicant: Iskander (Alex) Shaq. Request: eliminate the 200‑foot residential separation to permit a mobile food court on three vacant lots. Board action: MOTION FAILED (6–4), then the board VOTED TO CONTINUE the item to Nov. 17 to allow the applicant to conduct more neighborhood outreach and return with evidence of broader support.

Why it matters: The board split repeatedly when residential proximity, neighborhood opposition and questions about permitting or enforcement met proposals that would change site use or intensity. Where applicants proposed clear mitigation — easements, alley upgrades, landscaping, restricted signage and restroom plans — the board was more likely to approve variances; where neighborhoods raised concerns about noise, light, parking or the cumulative effect of commercial uses encroaching on residential blocks, members either denied requests or asked for more outreach.

What’s next: Two contested items (Dickey parking adjustment; North New Braunfels mobile food court) were continued to the board’s Nov. 17 docket for additional outreach or revised plans. Applicants approved with conditions must complete required platting, utility and permitting steps and any required public‑works improvements before permits are issued.

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