123 Fay Avenue variance
District District 5
Approved 11-0ZoneWire called it
freeApproved 11-0moved by Vasquez1 condition of approval
1 condition, the audio at the vote, and this case's history
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San Antonio Meetings
Zoning Board of Adjustment Meeting, January 12, 2026
Denies Appeal of director's decision on SB 840 vested rights (~39.48 acres, US 281 N / Encino Park), 6-4
3h 10m26,599 words
166 mentionszoningvariancecommercialresidentialoverlay districtapprovedmixed usesubdivisionplatannexationindustrialrezoningdensityshort term rentalpublic hearinghistoric preservationsetbackSan Antonio, TX
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How this board votes
The Zoning Board of Adjustment approved 77% of 164 recorded land-use decisions this period. Most frequent dissent: Zachary Dean (14 of 81 recorded votes).
Parsed from the official meeting recordings. Verify against the official minutes.
See the full board record, member by memberWhat happened
The San Antonio Zoning Board of Adjustment DENIED two related SB 840 vested-rights appeals filed by Brown & McDonald PLLC on behalf of the Seale family: case BOA-25-10300274 (~180 acres along Loop 1604 between Hausman Rd and Red Robin Dr, failed 7 against / 4 in favor) and case B…
Meeting key facts
- Jurisdiction
- San Antonio, TX
- Governing body
- Final authority
- Date
- January 12, 2026
- Decisions
- 15 zoning decisions
- Outcome
- Denied, 6-4
Projects in this meeting (5)
Each is its own project; some span multiple hearings309 Porter Street
Recommended 10-0Open this projectFollow free
Carport setback and driveway clear-vision
Recommended 11-0Open this projectFollow free
Fence material
Recommended 11-01 condition of approval
Open this projectFollow free
Type 2 STR
RecommendedOpen this projectFollow free
Continuance for accessory structure
DeniedOpen this projectFollow free
Free sample: decision 1 of 15
Appeal of director's decision on SB 840 vested rights (~180 acres, Loop 1604)
Appeal by Brown & McDonald PLLC on behalf of H. Kyle Seale Property Ltd (Seale family) of the director's determination that the applicant could not simultaneously claim vested rights dating to 1988 and take advantage of SB 840 (which applies only to projects initiated on/after 09/01/2025). Property is ~180 acres along Loop 1604 between Hausman Rd and Red Robin Dr, split-zoned light commercial/commercial/general commercial and a small R-6 portion. Motion to grant appeal failed 7 against / 4 in favor (need 9 to pass); one abstention.
The other decisions are listed below by title. The full write-up, verbatim conditions, and the audio at each vote are in Pro.
Meeting Summary
The San Antonio Zoning Board of Adjustment DENIED two related SB 840 vested-rights appeals filed by Brown & McDonald PLLC on behalf of the Seale family: case BOA-25-10300274 (~180 acres along Loop 1604 between Hausman Rd and Red Robin Dr, failed 7 against / 4 in favor) and case B…
Key Decisions (15)
Denied
Appeal of director's decision on SB 840 vested rights (~180 acres, Loop 1604)
Vote: 7-4
Denied
Appeal of director's decision on SB 840 vested rights (~39.48 acres, US 281 N / Encino Park)
Vote: 6-4
Continued
STR type 2 special exception continued (Rob McLean)
Vote: unanimous
Continued
STR administrative decision appeal continued (8201 Meadow Post)
Vote: unanimous
Continued
Variance for R-4 development continued (305-309 Porter Street)
Vote: unanimous
Continued
Square footage variance continued (11002 Vance Jackson Road)
Vote: unanimous
Approved
STR permit revocation appeal (314 Mission Street, Units 101 & 102)
Vote: 9-2
Approved
STR permit revocation appeal (3495 River Path)
Vote: 10-1
Approved
STR permit revocation appeal (917 Wyoming Street)
Vote: 10-1
Approved
Carport setback and driveway clear-vision variances (710 South Brownleaf Drive)
Vote: 11-0
Approved
Fence material variance - corrugated metal (123 Fay Avenue)
Vote: 11-0Conditions attached
Approved
Fence height special exception - 10-ft front yard fence (123 Fay Avenue)
Vote: 11-0Conditions attached
Approved
Fence height special exception - gate (2522 Town Briar Street)
Vote: 9-0
Approved
Driveway clear-vision variance (2522 Town Briar Street)
Vote: 9-0
Other
Front setback variance for CDL training building (Springfield Road)
Development Activity (3)
Seale family SB 840 multifamily/commercial development (Loop 1604)
Mixed-Use
Seale-related SB 840 multifamily development (US 281 N / Encino Park)
Residential
CDL driver-training building (Springfield Road)
Commercial
Market Signals (4)
Housing Demand
SB 840 (Texas 89th session) mandates that cities over 150,000…
Sentiment
Residents near the Loop 1604/Hausman and Encino Park sites strongly…
Infrastructure
The Seale developer reported spending $80-100M on infrastructure (water, sewer,…
Commercial Demand
Multiple type 2 short-term rental permits are being revoked over…
Who Spoke (38)
Board Member · 7Staff · 3Attorney · 2Applicant · 5Applicant's RepPublic · 10
On the record: 7 board members, 3 staff members, 2 attorneys, 5 applicants, the applicant's representative, and 10 members of the public.
Agenda scorecard
Our pre-meeting forecast, graded against the recorded voteZoneWire called 6 of 6 land-use forecasts on this agenda.
This season: 41 of 42 (98%) forecasts called in this county.
626 Delmar Street conditional use permit
District District 2
ContinuedNot forecast
freeContinuedmoved by Bragman
BOA-25-10300269: A request by J.K entitlement
District District 6
ContinuedNot forecast
freeContinuedmoved by Bragman
314 Mission Street entitlement
District District 1
Approved 9-2ZoneWire called it
freeApproved 9-2moved by Bragman
BOA-25-10300260: A request by Daniel Guajardo for an appeal of the Administrator’s… entitlement
District District 8
Approved 10-1ZoneWire called it
freeApproved 10-1moved by Vasquez
917 Wyoming Street entitlement
District District 2
Approved 10-1ZoneWire called it
freeApproved 10-1moved by Vasquez
710 South Brownleaf Drive variance
District District 6
Approved 11-0ZoneWire called it
freeApproved 11-0moved by Bragman
11002 Vance Jackson Road variance
District District 8
ContinuedNot forecast
freeContinuedmoved by Bragman
More land-use items (7)
- 2522 Town Briar Street varianceApproved 9-0called it
- 309 Porter Street varianceContinued
- 811 Springfield Road varianceOther
4 items with no recorded vote on this agenda
- 210 Talisman Road conditional use permitNo vote recorded
- 315 Refugio Street varianceNo vote recorded
- 815 E Park Ave varianceNo vote recorded
- 1038 Sherman Street varianceNo vote recorded
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