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[Board of Adjustments: Panel A on March 21, 2023]

[00:00:05]

OKAY.

IT IS, UM, IF EVERYONE TURN THEIR SCREENS ON FOR THE PANEL.

IF YOU HAVE YOURS, MS. DAVIS AND MS. HAYDEN, TURN YOUR SCREENS ON.

OKAY.

IT IS 1:15 PM ON THE 21ST OF MARCH, 2023.

THE BOARD OF ADJUSTMENT, UH, PANEL A IS HEREBY CALL TO ORDER.

ONE SECOND.

MY NAME IS DAVE NEWMAN AND I'M HONORED TO SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF PANEL A.

I WOULD LIKE TO CAMERA.

OKAY.

SO WE'RE, WE'RE AT, I'M BEING ASKED TO HOLD FOR ONE SECOND, SO WE'LL JUST HOLD, BUT WE DID CALL TO ORDER AT ONE 15 HOLDING FOR TECHNICAL DIFFICULTIES, UH, PRIOR TO US GETTING OUR AUDIO VISUAL.

I, THIS IS AN ANNOUNCEMENT FOR ALL THOSE THAT ARE IN THE HEARING ROOM.

IF YOU WANTED TO SPEAK TODAY, I NEED YOU TO FILL OUT A BLUE SHEET OF PAPER.

WOULD YOU HAND THAT UP IN THE AIR? HOLD THAT BLUE SHEET OF PAPER UP IN THE ENTER.

UM, YOU NEED TO HAVE FILLED OUT A BLUE SHEET OF PAPER IF YOU WANTED TO SPEAK AT THE BEGINNING OF OUR HEARING TODAY OR ON A PARTICULAR CASE.

SO, UM, MAKE SURE ANYONE AND EVERYONE THAT WANTS TO SPEAK HAS TURNED OUT A BLUE SHEET AND HAS TURNED IT INTO OUR, OUR BOARD SECRETARY, MARY WILLIAMS. I THINK THERE'S SOMEONE THAT DID YOU WANT A BLUE SHEET? THANK YOU.

THANK YOU.

THANK YOU.

OKAY.

SO MARY, WE'RE WORKING ON PUSHING A BUTTON OR TWO.

OKAY.

OKAY, GOOD.

SO WE CAN ALL LOOK AT HIM NOW.

[00:07:21]

WE KNEW IT WAS NIKKI .

WHO KNOWS THE OTHER ONE? EVERYBODY.

OKAY.

SO YES.

YEAH, GO AHEAD AND LOG IN.

THANK YOU.

I DON'T KNOW WHY I BACK TO BEING A PANELIST.

YES, YOU WANNA BE A PANELIST AND THE PANEL'S CODE.

WANT MY BACK TO BEING A TV? NO, YOU SHOULD BE A PANELIST.

B O A 0 3 21.

WE APOLOGIZE FOR THE DELAY EVERYONE.

WE'RE TRYING TO UTILIZE TECHNOLOGY TO OUR ADVANTAGE.

HAHA.

OKAY, GO.

OKAY, .

OKAY.

ALL RIGHT.

SO DO, ARE WE? THERE WE GO.

OKAY.

THANK YOU VERY MUCH.

SHOULD START EVERYTHING OVER? YEP.

GOOD AFTERNOON.

UH, MY NAME IS DAVE NEWMAN AND I'M HONORED TO SERVE AS CHAIR CHAIRMAN OF THE BOARD OF ADJUSTMENT, UH, AND PRESIDING OFFICER OF PENK TODAY, TUESDAY, MARCH 21ST.

WE STARTED THE MEETING, THE PUBLIC HEARING THIS AFTERNOON AT 1:15 PM OUR, UM, I'D LIKE TO WELCOME YOU TO THE BOARD OF ADJUSTMENT PUBLIC HEARING.

BEFORE WE BEGIN, I WOULD LIKE TO READ A FEW, UH, READ A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE MANNER IN WHICH, UH, WE WILL CONDUCT THIS PUBLIC HEARING THIS AFTERNOON.

I'M READING FROM PREPARED REMARKS, SO PARDON WITH ME PLEASE.

MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.

WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR OUR TIME.

NO ACTION OR DECISION ON A CASE THAT'S A PRECEDENT.

EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES.

OTHERWISE, UNLESS OTHERWISE INDICATED, EACH USE IS PRESUMED TO BE ILLEGAL USE.

WE HAVE BEEN FULLY BRIEFED BY OUR STAFF THAT OCCURRED AT THIS MORNING, UH, PRIOR TO THIS HEARING, AND HAVE ALSO REVIEWED THE DETAILED DOCKET, WHICH IS PUBLICLY AVAILABLE SEVEN DAYS PRIOR TO THE HEARING.

ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD

[00:10:01]

FOR CONSIDERATION IN ANY CASES TODAY, UH, SHOULD BE SUBMITTED TO OUR BOARD SECRETARY MARY WILLIAMS. WOULD YOU RAISE YOUR HAND, MARY? SO, ANY, ANY INFORMATION THAT COMES TO THE BOARD NEEDS TO COME THROUGH MS. WILLIAMS. UH, THE EVIDENCE MUST BE RETAINED.

THE BOARD'S OFFICE AS PART OF OUR PUBLIC RECORD, EVERYTHING IS BEING AUDIO TAPED AND VIDEOTAPED TODAY.

LETTERS OF THE BOARD'S ACTION WILL BE MAILED, UH, TO THE APPLICANT SHORTLY AFTER TA TODAY'S HEARING AND WILL BE PART OF THE PUBLIC RECORD.

LASTLY, ALL PEOPLE REGISTER TO SPEAK ON ANY CASES.

TODAY WERE REQUIRED TO REGISTER TO THE STAFF BEFORE ADDRESSING THE BOARD.

UM, RULES OF PROCEDURE.

EACH REGISTERED SPEAKER WILL HAVE, UH, THREE MINUTES A PUBLIC TESTIMONY THIS, THIS AFTERNOON.

UH, THE BOARD SECRETARY WILL WILL NOTIFY THE CHAIRMAN OF, UM, UH, YOUR TIMING AND, UH, AT THE DISCRETION AND BENEVOLENCE OF THE BOARD WILL ALLOW, UH, THE SPEAKERS TO CONTINUE IN ORDER TO COMPLETE THEIR THOUGHTS.

WE WANNA MAKE SURE WE GET ALL INFORMATION AND ARE FAIR TO ALL SIDES ON AN ISSUE.

ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON A VIDEO TO ADDRESS THE BOARD.

NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.

ALLOW ME NOW TO INTRODUCE MEMBERS OF THE BOARD.

AGAIN, MY NAME IS DAVE NEWMAN AND I'M CHAIRMAN OF THE BOARD AND THE PRESIDING OFFICER PANEL A TO MY LEFT IS RACHEL HAYDEN, EXCUSE ME, IS, EXCUSE ME, IS KATHLEEN DAVIS.

RACHEL HAYDEN.

JANE NA AND LORD'S HALCOMB.

TO MY RIGHT IS OUR, UH, BOARD ATTORNEY EMERITUS, DANIEL MOORE.

UH, OUR NEW BOARD ATTORNEY, MATTHEW SAP.

STEVE LONG, WHO'S OUR BOARD OF ADJUSTMENT CONSULTANT, NIKKI DUNN, WHO'S OUR BOARD ADMINISTRATOR AND CHIEF PLANNER.

UM, GILLUM BRIDGES, WHO'S A SENIOR GIANNA, I APOLOGIZE.

GIANNA BRIDGES.

BRIDGES, WHO'S A SENIOR PLANNER AS PART OF MS. DUNN'S TEAM.

UH, DIANA BURK, WHO IS THE SENIOR PLANS EXAMINER PART OF MS. DUNN'S TEAM.

TEAM.

AND NORA.

OKAY, I'M GONNA FORGET THIS.

I NORA COST, IS THAT CLOSE? OKAY.

I'M SORRY.

AND NORA, WHO'S A DEVELOPMENT CODE SPECIALIST ALSO JOINING US IS LLOYD DEADMAN, UH, AS A CONTRACTOR AND TO THE DEVELOPMENT SERVICES AND ENGINEERING.

AND OUR BOARD SECRETARY IS MARY WILLIAMS. AND, UM, UH, CONSULTANT AND, UH, TRAINING, UH, ASSISTING US WITH IS, IS TRINA LAW ALSO PART OF THE DEVELOPMENT SERVICES? THAT IS OUR TEAM HERE WITH US TODAY.

UM, LET ME PREVIEW THE AGENDA FOR EVERYONE.

UM, THIS MORNING WE HAD OUR STAFF PRESENTATION AND BRIEFING.

WE'RE BEGINNING THE PUBLIC HEARING.

WE'LL TAKE PUBLIC TESTIMONY IN A MOMENT.

WE HAVE OUR MEETING MINUTES TO, TO REVIEW AND APPROVE APPROVED.

WE HAVE GOT A, A MISCELLANEOUS ITEM, UM, ON WINSTON COURT.

AND THEN WE'RE GOING TO THE, THE DOCKET.

AND ON THE DOCKET WE HAVE, UH, FIVE CASES TO BE HEARD IN FULL INDIVIDUAL ITEM CASES, UM, 22, 24, 25, 28, AND 27.

AND WE'LL HANDLE THEM IN THAT ORDER.

22, WHICH IS TURTLE CREEK, THEN COLUMBIA, UH, WHICH IS 24.

THEN HUGHES LANE, THEN MOCKINGBIRD LANE, THEN LIVE OAK STREET.

SO THE FIRST ITEM IS SPEAKERS, PUBLIC TESTIMONY.

MS. BOARD SECRETARY, DO WE HAVE ANY REGISTERED SPEAKERS FOR, UH, PUBLIC TESTIMONY? NO.

REGISTERED SPEAKER, SIR.

ONLINE OR IN PERSON? ONLINE OR IN PERSON.

OKAY.

VERY GOOD.

THANK YOU.

ALL RIGHT.

THE NEXT ITEM ON, ON OUR AGENDA, UM, IS THE REVIEW AND APPROVAL OF OUR BOARD MEETING MINUTES DATED FEBRUARY 21ST.

THE CHAIR WILL ENTERTAIN A MOTION.

MS. HAYDEN.

MOTION I'D, I'D LIKE TO MAKE A MOTION TO APPROVE THE, THE MEETING MINUTES FROM FEBRUARY 21ST, 2023.

IT'S BEEN MOVED BY MS. HAYDEN.

IS THERE A SECOND? SECOND.

BEEN SECONDED BY MR. NE, OUR MEETING MINUTES FOR PANEL A, UH, FROM FEBRUARY 21ST, UH, HAVE BEEN, UH, MOTION HAS BEEN MADE BY MS. HAYDEN AND SECONDED BY MR. NE DISCUSSION ON THE MOTION HEARING.

NO DISCUSSION.

ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

AYE.

THOSE OPPOSED.

MOTION CARRIES FIVE TO ZERO MEETING MINUTES FROM THE FEBRUARY 21ST PANEL.

A MEETINGS ARE APPROVED UNANIMOUSLY.

THANK YOU.

NEXT ITEM ON THE AGENDA IS MISCELLANEOUS ITEM NUMBER ONE.

IT'S B D A 2 0 1 DASH ONE 12 BDA 2 0 1 12.

UH, IS THE APPLICANT HERE? YES, SIR.

IF YOU WOULD PLEASE, UH, GIVE US YOUR NAME OR BE SWORN IN BY OUR BOARD SECRETARY, AND THEN GIVE US YOUR NAME AND ADDRESS.

DO YOU SWEAR OR COM OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER ID.

I DO.

PLEASE BRING, UH, BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.

THANK YOU.

GOOD AFTERNOON.

MY NAME IS ROB BALDWIN, OFFICE AT 39 0 4 ELM STREET, SUITE V IN DALLAS.

AND, UH, NIKKI, CAN YOU PULL UP MY PRESENTATION PLEASE? I UNDERSTAND YOUR, YOUR AGENDA GOT MUCH LARGER, SO I'LL MAKE THIS VERY CLEAR.

YEAH, YOU'RE FINE.

UH, SO, UM, THIS IS A WEIRD ONE.

[00:15:01]

UH, I THINK THIS MIGHT BE THE FIRST TIME I'VE EVER COME BEFORE THE BOARD ASKED FOR A TWO YEAR WAIVER.

UM, THE SUMMARY IS THAT, UH, IN 2021, WE PROCESSED A BOARD OF ADJUSTMENT CASE FOR, TO ALLOW A FENCE TALLER AND FOUR FEET IN A FRONT YARD.

AND IT WENT WELL.

THE PROBLEM WAS, IS THAT WHAT WE DIDN'T REALIZE IS THAT THE, THE, THE PLAN THAT WAS APPROVED SHOWED A LOT OF THE FENCE TO BE INSIDE THE, THE CITY RIGHT AWAY, WHICH, BELIEVE IT OR NOT, THE CITY ISSUED A PERMIT ON.

AND, UH, THEN THE CONTRACTOR WENT OUT THERE AND WAS TOLD THAT THEY COULD NOT HAVE A FENCE IN THE FRONT YARD WITHOUT A A, A PRIVATE LICENSE.

THEY TRIED TO GET A PRIVATE LICENSE AND THEY TOLD ME THEY COULDN'T GET IT.

AND THEY SAID, WELL, WHAT NOW WHAT DO WE DO? AND I SAID, WELL, UNFORTUNATELY, WE EITHER HAVE TO WAIT TILL THE JANU, I MEAN, OF NOVEMBER OF THIS YEAR TO FILE AGAIN, OR WE CAN GO ASK FOR A TWO YEAR WAIVER.

BUT WE, I'VE NEVER DONE THAT BEFORE AT THE BOARD, BUT I HAVE DONE IT AT THE, THE CITY COUNCIL.

AND SO HERE WE ARE TODAY.

UM, SO THE CHANGE OF CIRCUMSTANCES IN THIS CASE IS THAT THE APPROVED PLAN CANNOT BE BUILT, AND WE WOULD LIKE TO COME BACK TO YOU WITH A REVISED PLAN THAT CAN BE BUILT, UM, AS, AS THE REGULAR BOARD OF ADJUSTMENT CASE AS THE, THE CHAIRMAN CONFIRMED THIS MORNING.

WE'RE NOT ASKING FOR YOU TO APPROVE A DESIGN OR ANYTHING TODAY.

WE'RE JUST ASKING FOR PERMISSION TO COME BACK AND SEE YOU BEFORE THE END OF THE YEAR.

UM, WITH THAT, MY PRESENTATION, WE DON'T NEED TO SEE BECAUSE THAT JUST, UNLESS YOU REALLY WANNA SEE WHERE THE ENCROACHMENTS ARE, THAT'S ALL IT IS.

UM, WE WOULD LIKE YOUR INDULGENCE TO ALLOW US TO COME BACK, UH, AND FILE THE CASE.

AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU, SIR.

QUESTIONS FOR THE APPLICANT FROM THE PANEL? I DON'T THINK YOU NEED YOUR PRESENTATION, I THINK.

GREAT.

I JUST SPOKE.

YOU SAVED YOU FIVE OR SEVEN, SEVEN MINUTES, MAYBE SAVED YOUR CLIENT SOME MONEY TOO, BUT HOPE, THERE IT COMES.

OKAY.

HOLD ON.

OH, IT'S BEAUTIFUL.

WHAT TIMING? UH, WE DON'T NEED TO SEE IT UNLESS YOU WANNA SEE WHERE THE I, I, I'M FINE WITH AS PRESENTED.

THE CHAIR WOULD ENTERTAIN A MOTION.

MR. NAING? THANK YOU MR. CHAIRMAN.

I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER B D A 2 0 1 DASH ONE 12 ON APPLICATION OF ROB BALDWIN.

GRANT THE REQUEST OF THIS APPLICANT TO WAIVE THE TWO-YEAR LIMITATION ON A FINAL DECISION REACHED BY THE BOARD OF ADJUSTMENT PANEL A ON NOVEMBER 16TH, 2021 BECAUSE THERE ARE CHANGED CIRCUMSTANCES REGARDING THE PROPERTY SUFFICIENT TO WARRANT A NEW HEARING.

THANK YOU MR. NE.

IS THERE A SECOND ON THE MOTION? I'LL SECOND.

THANK YOU MS. HAYDEN, UH, IN BDA 2 0 1 12.

MR. MAR, MR. NA MOVED TO GRANT AND MS. HAYDEN SECOND AT THE MOTION.

DISCUSSION OF THE MOTION.

MR. NA NO DISCUSSION.

I THINK THIS IS A PRETTY CLEAR CASE.

MS. HAYDEN? SAME.

IT'S PRETTY CUT AND DRY.

OKAY.

UH, SEEING NO OTHER DISCUSSION, WE'LL CALL THE ROLL MR. HOLCOMB.

AYE.

MR. NE AYE.

MS. HAYDEN? AYE.

MS. DAVIS? AYE.

MR. NEWMAN? AYE THE VOTE IS FIVE ZERO.

THANK YOU VERY MUCH.

BDA 2 0 1 12 HAS BEEN APPROVED UNANIMOUSLY.

UH, FIVE TO ZERO.

THANK YOU, SIR.

UH, AS WAS MENTIONED IN OUR HEARING THIS MORNING, UH, THAT PARTICULAR ITEM ONLY REQUIRED BY CODE OR BY RULES, UH, A SIMPLE MAJORITY VOTE.

THE BALANCE OF THE CASES IS BEFORE THE BOARD TODAY, AND QUITE HONESTLY, ON AN ONGOING BASIS REQUIRE THE AFFIRMATIVE VOTE OF FOUR OF FIVE PANEL MEMBERS.

SO WE HAVE FIVE PANEL MEMBERS HERE, SO ANY VOTE GOING FORWARD TO APPROVE AN I A REQUEST REQUIRES FOUR AFFIRMATIVE VOTES, NOT JUST A SIMPLE MAJORITY.

I SAY THAT JUST TO MAKE SURE I'M GONNA UNDERSTAND, UH, THE RULES THAT WE HAVE, UH, THAT WE'RE OPERATING UNDER.

ALRIGHT, NEXT ITEM, UM, IN OUR PUBLIC HEARING THIS AFTERNOON IS BDA 2 23 DASH 0 2 2 2 23 DASH 0 2 2 AT 4 0 11.

TURTLE CLERK TURTLE CREEK BOULEVARD IS THE APPLICANT HERE YOU'D COME FORWARD, OUR BOARD SECRETARY WILL, WILL SWEAR YOU IN.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTERS? PLEASE ANSWER.

I DO.

OKAY.

PLEASE, WITH YOUR NAME AND ADDRESS.

I'M SORRY, PROCEEDING.

THANK YOU.

MARY, TURN THE MICROPHONE ON, I THINK.

UH, YES, MY NAME IS STEVEN.

THERE YOU GO.

STEVEN WORSHAM.

AND I LIVE AT 40 11 TURTLE CREEK BOULEVARD.

OKAY, SIR, I'LL GIVE YOU FIVE MINUTES TO PRESENT.

OKAY.

UM, I WANT TO THANK THE BOARD, OF COURSE, UH, FOR HEARING ME TODAY AND LETTING ME, UH, WOULD, WOULD YOU HOLD ONE SECOND, MARY, WOULD YOU TAKE THAT OFF? NOPE.

THERE YOU GO.

GOOD.

THAT'S WHAT I WANTED.

WELL, THERE YOU GO.

RENTE LIKE AN APARTMENT.

[00:20:02]

OKAY.

JUST HOLD ON ONE SECOND, SIR.

WE DON'T WANT ANYTHING OTHER THAN TO HEAR FROM YOUR REQUEST.

THIS IS NOT BEING TIME IS USED AGAINST YOU.

DON'T WORRY.

TECHNOLOGY, OUR FRIEND AND OUR FOE, WISH WE COULD BLAME IT ON YOU TRINA, BUT I UNFORTUNATELY IS NOT GONNA STICK.

.

THAT'S LOVE WORDS, GIRL.

OKAY.

SO DOES THAT MEAN WE'RE OPERATIONAL? THANK YOU VERY MUCH.

ALL RIGHT, SO IF YOU WOULD BE SO KIND, SIR TO GIVE US YOUR NAME AND ADDRESS ONE MORE TIME AND THE CLOCK DID NOT START OKAY.

UNTIL YOU SPEAK.

SO PROCEED PLEASE.

THANK YOU.

UH, AGAIN, MY NAME'S STEVEN WORSHAM.

I LIVE AT 40 11 TURTLE CREEK BOULEVARD.

I WANNA THANK THE BOARD FOR AGREEING TO LET ME SPEAK BRIEFLY ABOUT MY REQUEST FOR A SECOND POWER METER, UH, AND MY HOUSE.

UH, I HAVE, UH, UH, GARAGE AT MY HOUSE AND I'D LIKE TO HAVE A SECOND POWER METER TO OPERATE SOME EQUIPMENT INSIDE THAT GARAGE.

UH, PRIMARILY THIS WOULD BE LIKE A PORTABLE, UH, HEATER AND, UH, PORTABLE AIR CONDITIONER.

I'D LIKE TO BE ABLE TO RAPIDLY HEAT AND COOL, UH, MY GARAGE WHEN I OPEN AND CLOSE THE DOOR.

I HAVE TWO VERY LARGE DOGS THAT, UH, NEED TO LIVE IN THE GARAGE ACCORDING TO MY WIFE.

SO, UH, THEY DREW A LOT.

AND THE IDEA HERE IS IT GETS VERY HOT AND VERY COLD, UH, AND IT'S VERY, VERY DIFFICULT TO USE TRADITIONAL, UH, PORTABLE, UH, HEATERS OR AIR CONDITIONERS.

THREE PHASE UH, EQUIPMENT CAN DO THAT JOB VERY QUICKLY.

AND, UH, IT'S ALSO VERY, UH, ECONOMICAL TO RUN.

HOWEVER, IT DOES REQUIRE A SECOND POWER METER.

UH, AND, UH, ENCORE SAYS THIS IS, UH, A VERY DOABLE THING.

I DO NEED A, UH, A SECOND, UH, SECOND METER AND, UH, THAT REQUIRES, UH, AN EXCEPTION OR PERMISSION FROM, UH, FROM THIS BOARD.

SO I'M ABLE TO ANSWER ANY QUESTIONS ABOUT MY REQUEST.

THANK YOU VERY MUCH, SIR.

[00:25:01]

UM, WHAT QUESTIONS DO WE HAVE FROM THE PANEL, MS. HAYDEN? UM, I, I'D JUST LIKE TO CONFIRM WHAT WE HEARD EARLIER IS THAT THIS, UM, THIS GARAGE WILL NOT BE USED AS AN ACCESSORY UNIT OR RENTAL UNIT OR ANY OTHER USE THAT'S NOT PERMITTED BY THE CITY.

THAT IS CORRECT.

THERE'S, THERE'S NO, NO INTENTION OF THAT, NOR WOULD THERE BE ANY WAY TO DO IT.

I KNOW OF.

OKAY.

THANK YOU.

OTHER THAN FOR THE DOGS .

YES.

THEY'RE, THEY'RE MY BABIES.

, MS. DAVIS.

WELL, WE SAW THE, THE PHOTOS DURING THE BRIEFING THERE WERE SOME CONSTRUCTION.

CAN YOU EXPLAIN WHAT IS THAT A NEW STRUCTURE THAT'S BEING BUILT? THERE'S A SWIMMING POOL AND A, A EXTERIOR FENCE.

MY NEIGHBOR TO THE SOUTH HAS BEEN WORKING FOR OVER A YEAR.

HE'S GOT CONSTRUCTION GOING ON THERE AS WELL.

UH, BUT THIS ISN'T REALLY TIED INTO THOSE PROJECTS.

SO IS THE, THE, THE PHOTO OF THE CONSTRUCTION, IS THAT YOUR NEIGHBOR'S HOUSE OR YOUR HOUSE? WELL, IF IT'S THE ONE ON THE CORNER AT AVONDALE, HE'S BEEN WORKING FOR OVER A YEAR PUTTING A BIG WALL AROUND THE PROPERTY.

HE'S ALSO DOING THE SWIMMING POOL AND A COMPLETE RENOVATION.

UH, I'M, I'M, I'M SORRY.

I DON'T MEAN TO INTERRUPT YOU.

I'M TALKING ABOUT, BUT WHEN WE SAW PHOTOS OF YOUR PROPERTY, IT LOOKS LIKE THERE'S CONSTRUCTION ON YOUR PROPERTY.

YES.

WE'VE STARTED REPLACING THE EXTERIOR FENCE AND I'M PUTTING THIS ONE AND PULL IN OTHER QUESTIONS.

WE APPRECIATE YOU BEING HERE.

WE APPRECIATE YOU BEING A HOMEOWNER.

PART OF THE REASON THE IS SET UP ON THESE SORT OF, THIS SORT OF PARTICULAR ISSUE IS KIND OF AS A TRIP WIRE, A TRIP WIRE BECAUSE THERE IS CONCERN, UH, POLICY SET BY THE CITY COUNCIL CONCERN OF ADDITIONAL DWELLING UNITS IN THE REAR PORTION OR IN THE SIDE PORTION OF A HOME.

AND THE PARTICULAR WAS A SECOND METER.

AND IF, AND IN THE, I, I DON'T KNOW ALL THE CITY COUNCIL HISTORY, BUT THAT WAS THE TICKLER, IS THAT OKAY IF WE, IF FOR SOMEONE TO REQUEST A SECOND METER, THEY NEED TO GO THROUGH THE APPROVAL PROCESS AS A WAY TO FORESTALL POTENTIAL SECOND HOME, ADDITIONAL DWELLING UNIT WHERE IT'S NOT ALREADY ALLOWED WITHIN THE ZONING WITHIN THAT AREA.

THAT IS THE WHOLE BASIS BY WHICH UNFORTUNATELY YOU'RE HAVING TO TAKE TIME OFF TO DO THIS.

AND, AND WHEN WE SAW PICTURES THIS MORNING OF THE CONSTRUCTION AND WE THINKING, OH GOODNESS, IS, IS THIS A RESIDENTIAL UNIT? SO THAT'S WHY UNDER OATH YOU WERE ASKED QUESTIONS HERE AND SO FORTH AS IT RELATES TO THAT.

YES.

I JUST WANTED TO GIVE YOU THE BACKGROUND ON THAT.

I CAN ASSURE YOU I'M NOT TRYING TO HAVE A SECOND RESIDENCE OR RUN ANO ANOTHER BUSINESS OR ANYTHING.

OKAY.

UH, THAT'S GOOD TO HEAR CUZ THAT CLEARS ONE OF THE POTENTIAL BARRIERS THAT WE HAVE FOR GOING FORWARD.

WHAT OTHER QUESTIONS DO WE HAVE THE CHAIRMAN TO ENTERTAIN A MOTION? MS. HAYDEN? UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 22 ON APPLICATION OF STEVEN WORSHAM GRANT THE REQUEST TO INSTALL AND MAINTAIN AN ADDITIONAL ELECTRIC METER ON THE PROPERTY AS A SPECIAL EXCEPTION TO SINGLE FAMILY REGULATIONS IN THE DALLAS DEVELOPMENT CODE.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT BE CONTRARY TO THE PUBLIC INTEREST, WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY AND WILL NOT BE USED TO CONDUCT A USE NOT PERMITTED IN THE DISTRICT WHERE THE BUILDING SITE IS LOCATED.

IT'S BEEN, UH, IN B D A 2 23 DASH 22 A MOTION BY MS. HAYDEN, UH, WAS MADE TO GRANT.

IS THERE A SECOND? SECOND, SECOND BY MS. DAVIS DISCUSSION OF THE MOTION, MS. HAYDEN? UM, I I FEEL THAT THE APPLICANT HAS SATISFIED, UM, OUR CURIOSITY ABOUT THE CONSTRUCTION AND ABOUT THE USE FOR THE ADDITIONAL ELECTRIC METER.

AND I DON'T BELIEVE IT WILL BE, UM, CONTRARY TO THE PUBLIC INTEREST OR FOR USE THAT IS NOT PERMITTED IN THE ZONING DISTRICT.

THANK YOU MS. HAYDEN.

MS. DAVIS, I AGREE WITH MS. MS. HAYDEN'S REMARKS.

THANK YOU.

ANY OTHER DISCUSSION ON THE MOTION? THE FLOOR HEARING? NO DISCUSSION.

CALL FOR VOTE.

MR. HOLCOMB.

AYE.

MR. NE AYE.

MS. HAYDEN AYE.

MS. DAVIS AYE.

MR. NEWMAN YES.

VOTE IS FIVE ZERO IN B D 2 23.

TWO TWO.

THE BOARD IS UNANIMOUSLY BY FIVE BRANDER REQUEST FOR A SPECIAL EXCEPTION.

THANK YOU VERY MUCH.

OH, THANK YOU.

NEXT ITEM, UH, BEFORE THE BOARD IS BDA 2 23 DASH 24 BDA 2 23 DASH 24.

THIS IS AT 55 0 6 COLUMBIA AVENUE.

IS

[00:30:01]

THE APPLICANT HERE? SHE'S ONLINE.

SHE'S ONLINE.

OKAY.

OKAY.

THERE YOU GO.

ALL RIGHT.

UM, IF YOU WOULD BE SO KIND TO BE SWORN IN BY OUR BOARD SECRETARY FIRST.

YES, SIR.

AND THEN GIVE US YOUR NAME AND YOUR ADDRESS.

YES SIR.

PLEASE.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.

I DO.

YES, SIR.

I DO.

PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.

MY NAME IS KAISHA GOODWIN AND THE ADDRESS IS 55 0 6 COLUMBIA AVENUE.

THANK YOU MS. GOODWIN.

UH, CAN YOU HEAR ME CLEARLY? YES, SIR, I CAN.

OKAY, VERY GOOD.

ALL RIGHT, SO YOU HAVE FIVE MINUTES TO PRESENT TO THE BOARD.

WE'RE ALL EARS.

THANK YOU.

YES, SIR.

ON SEPTEMBER THE FOURTH, DALLAS HAD A SEVERE THUNDERSTORM THAT CAME THROUGH AND IT DESTROYED THE FENCING OF 55 0 6 COLUMBIA AVENUE.

AT THAT TIME, I WAS, UM, NOT AWARE.

OF COURSE, THE STORM CAME THROUGH, I WASN'T AWARE THAT THIS FENCE WAS DESTROYED, BUT LATER ON I WAS NOTIFIED BY ONE OF MY TENANTS THAT THE FENCE WAS DOWN THERE WAS TREE LIMBS DOWN AND IT WAS PRETTY BAD.

SO WE WENT OVER AND CHECKED OUT, UM, THE SITUATION.

UM, I REACHED OUT TO MY LANDLORD AND LET HIM KNOW WHAT WAS GOING ON AND THE DAMAGES THAT, UM, TOOK PLACE.

AND THEN WE CALLED IN A CONTRACTOR, UM, THAT WE'VE USED BEFORE TO, UH, PUT IN THE FENCING AND REPAIR THE FENCE.

UM, LITTLE DID WE KNOW THAT THE CONTRACTOR DID NOT GET A PERMIT.

WE DIDN'T, WE DIDN'T KNOW UNTIL MY OWNER RECEIVED A CODE COMPLIANCE NOTICE ON DECEMBER THE FIRST.

UM, ACTUALLY HE RECEIVED IT ON DECEMBER THE SIXTH, BUT IT WAS DATED FOR DECEMBER THE FIRST THAT THERE WAS NO PERMIT, UM, ACTUALLY FOR THE FENCE TO BE INSTALLED, BUT THE FENCE HAD ALREADY BEEN INSTALLED BECAUSE WE HIRED THE CONTRACTOR TO GET THE PERMIT TO TAKE CARE OF THAT FOR US.

UM, AT THAT POINT THEN I, UM, YOU KNOW, UM, CAME TO THE DEVELOPMENTAL OFFICE, UM, ON JEFFERSON AND ACTUALLY TALKED TO MS. DUNN AND TOLD HER WE WERE NOT AWARE OF THE PERMIT NOT BEING GOTTEN.

AND SO THEN I WENT THROUGH THE PROCESS OF THE, UH, APPLICATION PROCESS OF, UM, SUBMITTING TO THE BOARD.

SHE TOLD ME WE WOULD HAVE TO GO THROUGH THIS PROCESS.

SO HERE I AM THIS AFTERNOON ASKING THE BOARD TO, UM, PLEASE GIVE US A TWO FOOT VARIANCE.

WE JUST REPLACED THE FENCE THAT WAS ALREADY EXISTING.

IT WAS SIX FOOT.

UM, AND WE WERE NOT AWARE THAT THE CONTRACTOR DIDN'T GET A PERMIT AND THAT THERE WAS, UM, PREVIOUS, UM, THAT THE FENCE WAS INSTALLED WITHOUT A PERMIT.

SO WE DIDN'T KNOW THAT EITHER, EVEN WITH THE IRON GATE, THAT IRON GATE ALREADY EXISTED.

THANK YOU.

THANK YOU VERY MUCH.

QUESTIONS FROM THE BOARD? JUST ONE SECOND.

THANK YOU VERY MUCH.

HANG WITH US.

UH, QUESTIONS FROM THE BOARD FOR THE APPLICANT? MR. HOLCOMB.

OKAY.

I JUST WANTED TO, UH, CONFIRM THE DETAILS THAT WE HAD EARLIER IN THE BRIEFING.

SO THE FENCE THAT WAS, UM, RECONSTRUCTED WAS CONSTRUCTED TO THE EXACT SAME SPECIFICATIONS AS THE PREEXISTING FENCE.

THERE'S NO HEIGHT OR DIMENSION DIFFERENCE BETWEEN THE FENCE THAT WAS THERE AND THE NEW FENCE, CORRECT? YES, SIR.

CORRECT.

OKAY, THANK YOU.

OTHER QUESTIONS FROM THE PANEL? I HAD A QUESTION OR TWO.

MS. GOODWIN, DO YOU OWN THE PROPERTY? NO, SIR.

I AM THE PROPERTY MANAGER.

UM, THE OWNER LIVES IN ALASKA.

OKAY, OKAY, BECAUSE YOU SAID YOU NOTIFIED THE LANDLORD AND SO IT THREW ME AS TO, ARE YOU THE LANDLORD OR IS THERE SOMEONE ELSE? YES, SIR.

THERE'S SOMEONE ELSE.

I'M JUST THE PROPERTY MANAGER.

SO THE OWNER, THEN THERE'S YOU, THE PROPERTY, UH, THE PROPERTY MANAGER THEN TO THE LANDLORD IS, I JUST WANNA MAKE SURE WE'RE TALKING TO THE PERSON THE, THAT, THAT'S SUFFICIENTLY IN CHARGE OF THE PROPERTY? YES SIR.

I'M, YOU'RE REPRESENTING THE OWNER? YES, SIR.

I'M REPRESENTING THE, THE THE OWNER LANDLORD? YES, SIR.

OKAY.

UM, SO IT PROVIDES CLARITY, THE ANSWER TO YOUR QUESTION, MR. HOLCOMB, THAT YOU JUST REPLACED WHAT WAS ALREADY THERE.

UH, AND YOU SAID THAT A PERMIT WASN'T SOUGHT, SOUGHT, SOUGHT FOR THE REPLACEMENT, NOR FOR THE ORIGINAL FENCE THAT WAS IN THERE.

YES, SIR.

THAT'S WHAT WAS BROUGHT TO MY ATTENTION.

OKAY.

OKAY.

THAT GIVES ME PAUSE.

BUT AT THE SAME TOKEN, UH, YOU REPLACED TO WHAT WAS, THERE WEREN'T COMPLAINTS BEFORE.

IT'S A SIX LANE, THREE LANE, SIX LANE, THREE LANE DIVIDED THE STREET IN FRONT OF YOU.

AND SO MY, MY, UH, I DON'T WANNA SAY TOLERANCE.

MY, UH, MY ACCEPTABILITY

[00:35:01]

OF A TALL FENCE AND A FRONT YARD IS A LOT GREATER WHEN IT'S ADJACENT TO A BUSY STREET AS OPPOSED TO A CLOSE IN SINGLE FEMORAL RESIDENTIAL, UH, IN FRONT AND BESIDE AND, AND THAT SORT OF THING.

SO THAT'S PART OF WHAT'S COMPELLING FOR ME TO KIND OF APPROVE THIS IN RETROACTIVELY, CUZ THAT'S IN ESSENCE WHAT YOU'RE ASKING US TO DO.

SO THAT'S KIND OF MY THINKING AT THIS STAGE OF THE GAME.

I DON'T KNOW WHAT MY FELLOW PANEL MEMBERS FEEL OR THINK OR WHAT OTHER QUESTIONS MAY, THEY MAY HAVE, BUT THAT'S KIND OF WHERE I DID YOU REACH OUT TO ANY OF YOUR NEIGHBORS ABOUT THIS? DID YOU GET ANY COMPLAINTS FROM ANY OF YOUR NEIGHBORS? NO, SIR.

SO THE OUT AND TO THE NOTE AND TO THE COMPLAINT? YES, SIR.

I'M SORRY.

YES.

NO, SIR.

I DIDN'T REACH OUT TO ANY OF THE NEIGHBORS AND I DID NOT, UM, RECEIVE ANY COMPLAINTS.

OKAY.

ALL RIGHT.

THANK YOU.

ARE THERE QUESTIONS FROM THE PANEL THAT, THANK YOU, MA'AM.

WE APPRECIATE YOUR OR YOUR COMMENTS.

UH, THE CHAIR WOULD ENTERTAIN A MOTION.

MR. HEK, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 24 ON APPLICATION OF KAISHA GOODWIN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT HIGH FENCE HAS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

COMPLIANCE WITH THE SUBMITTED SITE PLAN AND ELEVATION IS REQUIRED.

THANK YOU MR. HOLCOMB.

UH, MR. HOLCOMB IN B D A 2 23, 0 24.

MOVE TO GRANT THE REQUEST.

IS THERE A SECOND? SECOND, MR. NE SECOND IN THE MOTION, UH, MR. HALCOMB DISCUSSION? YEAH, I, I, YOU KIND OF HIT MY HIGH POINTS, MR. CHAIRMAN WITH, WITH YOUR OPINION.

UM, IT'S, THERE'S NOT A SIGNIFICANT CHANGE FROM WHAT WAS WORKING BEFORE.

IT, UH, OPERATES IN A, IN A SPACE THAT'S NOT CONTR.

CONTRARY TO PUBLIC INTEREST, THERE IS THE BUSY ROAD.

SO WE'RE, WE'RE NOT CREATING AN ALLEYWAY.

IT, IT SEEMS LIKE THE RIGHT DECISION UNDER THE STANDARD.

THANK YOU, MR. HOWK.

MS. JANNER? I CONCUR WITH MR. HOWK.

OKAY.

DISCUSSION, MS. DAVIS? UM, JUST MY OPINION, I I DON'T LIKE APPROVING, I DON'T LIKE APPROVING PROJECTS THAT HAVE ALREADY BEEN COMPLETED.

HOWEVER, IN THIS CASE, I DO UNDERSTAND THAT IT IS, YOU BUILD IT ACCORDING TO WHAT IT WAS BEFORE YOU'VE GOT THE BUSY STREET.

I WOULD JUST ENCOURAGE YOU AND ANY OTHER APPLICANTS TO MAKE SURE THAT YOU UNDERSTAND THE RULES AND THAT YOU'RE NOT RELYING ON YOUR CONTRACTOR TO DO THE APPROPRIATE WORK.

IT'S ULTIMATELY YOUR RESPONSIBILITY TO MAKE SURE THAT YOUR HOME IS WITHIN CODE AND THAT YOU HAVE THE PROPER BUILDING PERMITS.

WE'VE HAD SEVERAL PEOPLE COME BEFORE US WHO'VE SAID, WELL, OUR CONTRACTOR, I FELT MY CONTRACTOR DID THIS, OR MY CONTRACTOR TOLD ME THIS.

IT'S UP TO YOU AS A HOMEOWNER OR SOME, OR A BUILDING MANAGER TO, TO KNOW THIS INFORMATION.

SO I WILL SUPPORT THIS MOTION, BUT I AM NOT HAPPY ABOUT IT.

THANK YOU, MS. DAVIS.

ANY OTHER COMMENTS ON THE MOTION? UH, THE MOTION FOR US, UH, BY MR. HEK, SECONDED BY MR. NE AND 2 23 0 2 4 IS TO GRANT THE SPECIAL EXCEPTION REQUEST HEARING.

NO, WE'LL GO AHEAD AND CALL FOR A VOTE.

BOARD SECRETARY, PLEASE.

MR. NE AYE.

MR. HAWKIN? AYE.

MS. DAVIS? AYE.

MS. HAYDEN AYE.

MR. NEWMAN? YES, IT'S FIVE 20 IN THE CASE OF BDA 2 23 DASH 24, THE BOARD, UH, UNANIMOUSLY BY A FIVE TO ZERO VOTE.

GRANT YOUR REQUEST FOR A SPECIAL EXCEPTION.

THANK YOU, MA'AM.

THANK YOU.

I APPRECIATE IT.

UH, THE NEXT CASE BEFORE THE BOARD IS BDA 2 23 DASH 25 BDA 2 23 DASH 25.

THIS IS AT 13 408 HUGHES LANE.

13 4 18 HUGHES LANE IS THE APPLICANT HERE.

IT'S UP FAMILIAR FACE BACK AT CITY HALL.

GOOD AFTERNOON.

UH, MAKE SURE THE MICROPHONE'S ON.

YES, GOOD AFTERNOON.

THERE YOU GO.

NOW WE HEAR YOU.

IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN SHE'S GONNA SWEAR YOU IN.

JENNIFER HIROTO, 1 0 2 33 EAST NORTHWEST HIGHWAY IN DALLAS, TEXAS.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND THE TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.

I DO.

I DO.

THANK YOU.

UM, UH, YOU HAVE FIVE MINUTES TO ADDRESS THE BOARD.

THANK YOU.

GOOD AFTERNOON.

UM, WE CAN GO TO THE NEXT SLIDE, PLEASE.

UM, A LITTLE BIT CLOSER TO THE MICROPHONE.

WE WANNA HEAR EVERY WORD.

I HAVE NOT CHANGED .

OKAY.

WE WANNA HEAR EVERY WORD.

UH, UM, YEAH.

GOOD AFTERNOON.

UM, THIS

[00:40:01]

REQUEST IS FOR OFFENSE HEIGHT AND, UH, FRONT YARD.

UM, AND, UH, THERE'S ONE FENCE PANEL THAT IS EXCEEDING THE 50% OPENNESS THAT WE WE'D LIKE IN OUR SPECIAL EXCEPTION REQUEST.

THE PROPERTY ZONED R 16.

UM, YOU MAY NOTICE TO THE EAST THERE'S, UM, A PRIVATE GOLF COURSE THAT YOU, UM, MAY RECOGNIZE FROM PREVIOUS, UH, REQUEST A COUPLE MONTHS AGO.

UH, NEXT SLIDE PLEASE.

UM, THE PRESENTATION THIS MORNING FROM STAFF, UM, I UNDERSTAND THEY DID RECEIVE THE, UM, THE NEIGHBORS SUPPORT LETTERS.

THOSE WERE EMAILED TO THE PREVIOUS PLANNER ON FEBRUARY 27TH, 28TH.

UM, SO WE DID OVERSHOOT A LITTLE BIT.

UM, THERE WERE 12 NEIGHBORS THAT THE HOMEOWNERS REACHED OUT TO AND, UM, DID RECEIVE 10 LETTERS OF SUPPORT.

UM, AND THE, THE HOMEOWNERS THEMSELVES MADE THAT OUTREACH, UM, THAT WAS IMPORTANT TO THEM AS NEW NEIGHBORS TO MAKE THAT CONNECTION.

AND NO OPPOSITION.

UM, I UNDERSTAND THERE'S SOMEONE PRESENT.

OKAY.

YES, SIR.

UH, NEXT SLIDE PLEASE.

UH, THIS IS A CLOSE UP OF THE SITE PLAN I'VE HIGHLIGHTED ON THE BOTTOM.

UM, THE FENCE IS JUST AT THE PROPERTY LINE FOR THE MAJORITY OF THE SPAN ALONG THE FRONTAGE.

THERE'S A PEDESTRIAN GATE ON THE NORTHERN SIDE.

AND AS IT, UM, WE'LL SEE IN THE ELEVATIONS AS YOU GO FROM NORTH TO SOUTH, THERE'S A BIT OF A GRAY CHANGE.

AND THE TALLEST PORTION OF THE FENCE IS APPROXIMATELY SIX FEET, SIX INCHES.

UM, I'VE GOT A RED ARROW TO THE SOLID PANEL THAT IS BETWEEN ZERO AND FIVE.

UM, AND THEN THAT SORT OF SERVES AS A WING WALL AROUND THE DRIVEWAY AS THE, THE FENCE IN THE GATES SET BACK TO MEET THOSE VISIBILITY TRIANGLE REQUIREMENTS.

UM, THERE'S ALSO, UM, ANOTHER PEDESTRIAN GATE NEAR THE VEHICULAR GATE.

NEXT SLIDE, PLEASE.

UM, SO THIS IS A CLOSE UP OF THE ELEVATIONS.

UH, THE FENCE LINES UP WITH THE NEIGHBOR'S FENCE TO THE NORTH, AND THAT'S WHERE THAT PEDESTRIAN GATE IS ON THE LEFT HAND SIDE OF, UH, THE ELEVATION.

AND YOU CAN SLIGHTLY SEE THAT GRAY CHANGE AS WE MOVE TO THE SOUTH.

UM, THE PANELS ARE, SORRY, THE PANELS ARE A WIRE METAL, UH, MESH.

SO THEY ARE OPEN.

UM, AND THEN THERE'S A MASONRY BASE AND COLUMNS THAT ARE THE SAME MATERIALS AS THE HOME.

NEXT SLIDE PLEASE.

UH, THIS IS A CLOSE UP WHERE YOU HAVE THAT TRANSITION TO THE VEHICULAR GATE, UM, AND SORT OF THE WING WALLS THAT ARE, EXCEPT FOR THAT FIVE FOOT PORTION, THE REMAINDER ARE OUTSIDE OF THAT AREA THAT'S LIMITED IN ITS OPENNESS.

NEXT SLIDE, PLEASE.

UM, THIS IS THE SOUTH ELEVATION.

SO YOU CAN SEE THAT THIS IS THE PORTION ON THE SOUTH SIDE OF THE PROPERTY.

SO IF YOU WERE STANDING IN THE DRIVEWAY, THIS IS THE AMOUNTS THAT WOULD BE OPEN, UH, FOR THE DRIVEWAY.

UH, THE PROPERTY LINES ON THE RIGHT HAND SIDE, THE, THE WIRE MESH CONTINUES, EXCUSE ME, AND MEETS WOODEN FENCE THAT IS AT THE 40 FOOT, UH, SETBACK LINE, BUILDING LINE.

UM, NEXT SLIDE PLEASE.

UM, THIS IS JUST A VIEW OF THE PEDESTRIAN GATE THAT IF YOU WERE STANDING IN THE DRIVEWAY AND FACING NORTH, THIS IS WHAT YOU WOULD SEE.

THIS IS THE PORTION FROM THAT PROPERTY LINE TO FIVE FEET THAT EXCEEDS THAT 50% OPENNESS.

UM, THIS JUST PROVIDES A LITTLE BIT OF EXTRA PRIVACY, BEGINS THAT TRANSITION FOR THE DRIVEWAY.

UM, AND SCREENS HEADLIGHTS.

NEXT SLIDE, PLEASE.

UH, THIS IS MY LAST SLIDE.

UM, THE PROPERTY, YOU CAN SORT OF SEE THE PIN.

UM, IT'S LOCATED BETWEEN LBJ, FRONTAGE ROAD AND ALFA ROAD ON THE NORTH.

WE'RE IN THE NEIGHBORHOOD OF PRESTON ROAD.

HILLCREST IS FURTHER TO THE EAST.

UM, OKAY, HOLD ON ONE SECOND HERE.

I, THIS, MY COMMENT WON'T.

WHERE ARE YOU ON THIS MAP? I'M TRYING TO GET MY BEARS, UM, NOT TOO FAR OFF FROM WHERE THE CURSOR IS, WHERE THERE'S A LITTLE RED PEN.

OH, WELL, I'M SQUINTING MY EYES.

I APOLOGIZE.

I I WANTED TO KIND OF, I DON'T SEE IT NOW.

ALL RIGHT.

THERE YOU ARE.

OKAY.

AHEAD.

GET THE CONTEXT.

SO, YEAH.

UM, THIS, WELL, IT WOULDN'T NATURALLY APPEAR TO BE A CUT THROUGH STREET, UM, WITH TRAFFIC WITH NAVIGATION APPS.

UM, THIS IS, UH, VERY APPEALING FOR PEOPLE TO CUT THROUGH TO TRY TO AVOID PRESTON ROAD, MAYBE CUT THROUGH, AVOID SOME OF THE RETAIL TRAFFIC AT 6 35.

UM, FOR THOSE REASONS, THE HOMEOWNERS HAVE ADDITIONAL REASONS, UM, UH, FOR THE REQUESTED FENCE TO BE TOLERANT.

AND FOUR FEET JUST PROVIDES THE, THE FAMILY AN

[00:45:01]

ADDITIONAL SENSE OF SAFETY AND SECURITY AND THIS LOCATION.

THANK YOU.

THANK YOU VERY MUCH.

UM, OKAY.

QUESTIONS FOR THE APPLICANT? I'VE GOT A FEW, BUT I'LL WAIT FOR MY BRETHREN AND SISTER.

MM-HMM.

.

ALL RIGHT.

SO I'LL, I'LL START OFF WITH A FEW QUESTIONS, BUT CAN YOU COME BACK UP? YES, SIR.

VERY GOOD PRESENTATION.

THANK YOU VERY MUCH.

UM, SO HUGHES LANE GOES ALL THE WAY FROM ALPHA TO LBJ? YES, SIR.

WOW, INTERESTING.

OKAY.

YES, I WOULD, I THINK THAT WOULD CREATE POTENTIAL CHALLENGE FOR PROPERTY OWNERS DOWN THERE.

OKAY.

UH, THE MAPPING THAT YOU CAME UP WITH THAT SHOWED THE NEIGHBORHOOD SUPPORT YES SIR.

IT, IT'S MORE GREEN THAN THE MAP THAT SHOWED UP AT THE CITY.

UM, BUT I'LL, I'LL, SINCE YOU'RE UNDER OATH, WE'LL TRUST THAT WHAT YOU'RE SAYING THERE IS YES SIR.

YOUR GREEN, CUZ YOURS IS GREEN.

OKAY.

UM, I WAS PARTICULARLY TAKEN, UM, I'M SLIPPING OVER TO ONE OF YOUR SCHEMATICS THAT SHOWED THE FRONT PEDESTRIAN GATE AND THE W THE WING WALL THAT WAS PLACED KIND OF WITH A 90 DEGREE OVER 90 DEGREE DOWN.

YES, SIR.

VERY SMART TO DO THAT.

I'M GIVING YOU A POSITIVE REINFORCEMENT.

WE DEAL WITH THESE VISIBILITY TRIANGLE ISSUES THAT NO ONE THINKS ABOUT UNTIL THEY, THEY GO TO TRY TO GET IT PERMITTED OR THAT LANDS HERE.

AND WE HAVE OUR VISIBILITY TRIANGLE EXPERT, TWO SEATS DOWN.

AND IT, IN THE HEARING THIS MORNING AND THE BRIEFING THIS MORNING, SHE TOOK NOTE OF THE FACT THAT, OOH, THIS IS NOT AN ISSUE HERE.

SO THAT WAS VERY SMART.

WHOEVER DREW THESE PLANTS TOOK THAT BULLET OUT OF THE CHAMBER.

UM, MY CONCERN ON ALL OF THESE TYPE OF CASES IS WHEN YOU PUT A FENCE UP, UM, THAT HAS THIS SORT OF STRUCTURE, IT CREATES A POTENTIAL TUNNELING EFFORT.

BUT, UH, I'M, I'M PAUSING ON THAT CONCERN BECAUSE OF THE NUMBER OF NEIGHBORS THAT YOU SAY ALONG YOUR STREET ARE SAYING THERE'S NO PROBLEM.

AND THE ONES ACROSS THE STREET FROM YOU WOULD BE THE ONES THAT WOULD FEEL TUNNELED.

SO HOW DO YOU REACT TO THAT? UM, YES SIR.

I, I UNDERSTAND THE CONCERN, UM, THE NEIGHBORS NOR, UH, AGAINST THE NORTH IS, HAS UM, RIGHT ARM PANELS AND MASONRY COLUMNS IS VERY OPEN.

UM, SO WE'RE KIND OF CONTINUING THAT OPENNESS FOR THE MAJORITY OF THE FENCE.

UM, THE OTHER FENCES THAT ARE IN THE NEIGHBORHOOD, TO ME, THEY APPEAR TO BE ON CORNER LOTS AND KIND OF FENCING THE BACKYARDS.

SO THOSE WOULD NATURALLY BE MORE SOLID.

UM, THOSE CREATE MORE OF THE TUNNEL EFFECT THAT YOU'RE ABOUT.

SO LET, LET, LET ME RE LET ME GET CLARIFICATION, BUT YOU JUST SAID, YOU SAID THE NEIGHBOR TO THE NORTH HAS AN OPENNESS EFFECT.

I THINK WE SAW A PICTURE OF SOMETHING THIS MORNING.

OKAY.

UH, THE ONLY PORTION THAT IT'S, THAT IS LESS THAN 50%.

IS THAT PEDESTRIAN GATE WALL? YES, SIR.

THAT'S IT.

EVERYTHING ELSE IS OPEN.

MEET THE REQUIREMENT.

YES, SIR.

IT'S MORE THAN 50% OPEN.

OKAY.

UM, AND THERE WILL BE LANDSCAPING INSTALLED ON THE INSIDE OF THE FENCE, SO IT WON'T JUST BE JUST FENCE, IT WILL BE, UM, BEAUTIFIED WITH GREENERY.

OKAY.

OKAY.

VERY GOOD QUESTIONS.

MS. DAVIS.

UH, MY ONLY QUESTION WAS TWO PEOPLE TO THE ONE SIDE OF THE HOUSE DIDN'T RESPOND AT ALL.

DO YOU, I MEAN, DID YOU TRY TO REACH OUT TO THEM AGAIN? DO YOU HAVE ANY FEEL FOR WHETHER OR NOT THEY SUPPORT OR OPPOSE US? UM, YES.

AND THE, THE OWNERS ARE HERE.

UM, THEY'D LIKE TO, TO SPEAK AS WELL TO THE OUTREACH.

UM, I BELIEVE THE OWNER TO THE, IMMEDIATELY TO THE SOUTH IS HERE, UM, AND HAS CONCERNS ABOUT OPENNESS.

SO FORTUNATELY FOR US THAT THE DRIVEWAY IS ON THAT SOUTH SIDE WHERE IT IS SET BACK FOR THE DRIVEWAY AND THE VISIBILITY TRIANGLES.

SO IT'S THE LEAST IMPOSING PORTION OF OUR PROPOSED FENCING.

OKAY.

DID, SO I GUESS WE'RE GONNA HEAR FROM THE OTHER SIDE IN THE MOMENT.

YES.

THEY, THEY DID REACH OUT PERSONALLY TO EVERYONE, UM, THAT RECEIVED THE, THE, THE TURNED IN A LETTER.

UM, YES MA'AM.

OKAY, GREAT.

WHAT OTHER QUESTIONS? OKAY, THANK YOU VERY MUCH.

ARE THERE ANYONE ELSE HERE SPEAKING IN FAVOR OF THIS APPLICATION IF YOU'D COME FORWARD PLEASE.

THANK YOU.

I ASSUME YOU TURNED IN A BLUE SHEET? I DID.

THANK YOU.

IF YOU GIVE US YOUR NAME AND ADDRESS.

HELLO.

UM, I'M LYNN PUS MUELLER AT 13 4 8 HUGHES LANE 75 2 40.

OKAY.

AND THAT YOU'RE GONNA BE SWORN IN.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.

I DO.

I DO.

YOU HAVE FIVE MINUTES.

THANK YOU.

UM, I AM HERE.

I KNOW YOU HAVE ALL OF THE PAPERWORK AND APPRECIATE YOU, UH, VISITING OUR REQUEST TODAY.

I AM, UH, WE'RE NEW HOMEOWNERS AND I, UH, WHEN THE LETTERS WENT OUT FOR OUR PROPOSED, UH,

[00:50:01]

FENCE REQUEST, I DID, UM, VISIT ALL 14 HOMES THAT WERE AFFECTED IN THE NEIGHBORHOOD.

I WENT DOOR TO DOOR.

UM, OUT OF THE 14 I MET WITH 12 IN PERSON.

AND OUT OF THE, UH, 12TH, THERE WERE TWO THAT I COULD NEVER REACH.

UM, AND ONE OF THOSE, UH, NO, I TAKE THAT BACK.

THE ONE ON THE OTHER SIDE THAT IS MENTIONED OF NOT SUPPORTING, I DID MEET HER IN PERSON.

SHE'S AN ELDERLY WOMAN, AND, UM, I DON'T THINK SHE REALLY UNDERSTOOD WHAT I WAS DOING, BUT I, I GAVE HER A LETTER TO REVIEW AND SHE WAS VERY SWEET.

AND, UM, I GAVE HER A BOX OF COOKIES.

AND, UM, WHEN ALL FA FA WHEN ALL ELSE FAILS, BRIBE THE EXACTLY, I'M JOKING, I'M JOKING.

.

AND, UM, I DID NOT MEET HER HUSBAND.

I HEAR HE'S, UM, AND IN HIS NINETIES OR SOMETHING.

SO I JUST, I NEVER WENT BACK TO, UM, INTRUDE ON THEM.

SO, UM, AND THEN THERE WERE TWO OTHER HOMEOWNERS THAT I, I JUST WAS NEVER ABLE TO REACH.

SO OUT OF THE 14, I GOT 10, UH, SUPPORT LETTERS OUT OF THOSE, I GOT PROBABLY FIVE OR SIX ADDITIONAL EMAILS AND TEXTS WELCOMING US TO THE NEIGHBORHOOD AND SUPPORTING OUR PLANS.

I HAD THE TEXTS THAT I ACTUALLY HAD COLLECTED, BUT BECAUSE IT HAD PERSONAL INFORMATION WAS INSTRUCTED THAT WE SHOULDN'T SHARE THOSE IN THE DOCUMENTS TO YOU.

SO, UM, AND THAT INCLUDED, UM, ALL OF THE NEIGHBORS ACROSS THE STREET, OUR NEIGHBORS TO THE NORTH.

SO, UM, AND IT, IT WAS ALL ABOUT THE FRONT FENCE.

I WAS, UM, TRYING TO BE VERY SPECIFIC ABOUT, UM, WHAT WE'RE HERE FOR TODAY.

SO, UM, I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE.

THANK YOU VERY MUCH.

JUST AS A MATTER OF, OF, UM, PROCESS, I VISITED WITH OUR BOARD ATTORNEY EMERITUS AND HE SAID, ACCORDING TO OUR RULES, ANYTHING THAT'S SUBMITTED TO US, UH, THE O WHAT, THE ONLY THING THAT HAS TO BE REDACTED IS THE EMAIL ADDRESS.

OH, OKAY.

SO IF AN EMAIL'S, IF SOMETHING IS PROVIDED, CORRECT ME IF I'M WRONG.

WHY DON'T YOU, WHY DON'T YOU SAY IT, DANIEL AND, AND MR. CHAIRMAN, IT'S NOT UNDER OUR RULES.

IT'S UNDER STATE LAW.

OKAY.

SAYING STATE LAW SAYS IT NEEDS TO BE REDACTED AS THE EMAIL ADDRESSES, BUT ADDRESSES AND TELEPHONE NUMBERS ARE OKAY.

GOT GOTCHA.

GOTCHA.

OKAY.

WELL, I, I, I'M NOTED, I GOT TWO EMAILS AND 1, 2, 3, 4, 4 TEXTS.

YOU'RE, YOU'RE, YOU'RE GOOD.

SO YES, OUR, OUR, WE HAVE GUIDED BY STATE LAW AND IT SAYS THE E EVERY, EVERYTHING'S PUBLIC EXCEPT THE EMAIL ADDRESS.

OKAY.

OKAY.

AND THAT'LL CHANGE OVER TIME TOO.

OKAY.

UM, THANK YOU VERY MUCH.

QUESTIONS FOR THE APPLICANT FOR THIS SPEAKER.

OKAY.

NO QUESTIONS.

THANK YOU VERY MUCH.

OKAY.

ANY OTHER SPEAKERS HERE? SPEAK IN FAVOR.

ANY SPEAKERS HERE TO SPEAK IN OPPOSITION IF YOU'D COME FORWARD? SIR, DID YOU TURN IN A BLUE SHEET? YES.

OKAY.

IF YOU GIVE US YOUR, OKAY.

VERY GOOD MS. MARY, SHE, HE HAS SOMETHING HE WANTS TO HAND OUT.

JUST HOLD FOR ONE SECOND.

LET'S LET HER CIRCULATE THIS AND THEN WE'LL RECOGNIZE YOU AND THAT SORT OF THING.

ALL RIGHT.

SO BEFORE YOU BEGIN, UM, GIVE US A MINUTE JUST TO ABSORB WHAT YOU'VE JUST GIVEN US AND THEN WE'LL HAVE YOU SWORN IN AND THEN WE'LL HAVE AN OPPORTUNITY TO SPEAK.

SO GIVE US ONE SECOND PLEASE.

OKAY.

UH, THERE MORE.

ALL IS THAT FOR YOUR RECORDS? MARY? YOU HAVE MS. WILLIAMS, YOU HAVE, OKAY.

YEAH, THIS COPY HAS TO BE KEPT BY YOU GUYS.

ALL RIGHT.

UM, IF YOU WOULD GIVE US YOUR NAME, YOUR ADDRESS, AND THEN OUR BOARD SECRETARY'S GONNA SWEAR YOU IN.

MY NAME IS ABRAHAM TURIAN.

I LIVE AT 1 30 48 HILLS LANE.

13.

408 HILLS LANE.

YES.

HUGHES LANE.

ALL RIGHT.

MARY, IF YOU WOULD SWEAR HIM IN, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.

I DO.

I DO.

AND YOUR FULL NAME AGAIN? ONE MORE TIME.

ABRAHAM PIAN.

COULD YOU SPELL THE LAST NAME PLEASE? T O O P

[00:55:01]

I A N.

THANK YOU, SIR.

YOU HAVE FIVE MINUTES TO ADDRESS THE BOARD.

THANK YOU.

I, UH, I HAVE BEEN IN THAT NEIGHBORHOOD OVER 30 YEARS.

UH, SOME OF THE ISSUES THAT WAS MENTIONED, THAT'S NOT SAFE NEIGHBORHOOD OR TRAFFIC HAS NEVER BEEN ANY ISSUE IN THAT NEIGHBORHOOD.

SO HAVING THAT EXCUSE, WE WANNA HIRE BANKS TO PROTECT OURSELF, THAT'S NOT RIGHT.

NOW WE HAVE A NEWCOMER, WHICH ARE WELCOME TO OUR NEIGHBORHOOD, BUT I FEEL LIKE THEY ARE FROM THE BEGINNING, THEY'RE TRYING TO CHANGE THE NEIGHBORHOOD, THE INTEGRITY OF NEIGHBORHOOD.

THE FIRST THING THEY DID, THEY COMPLETELY DESTROYED ALL THE TREES IN THEIR FRONT YARD.

I, I SH I'M SHOWING THE PICTURES, THE ONE THE WAY IT WAS BEFORE AND THE WAY IT'S NOW.

AND, UH, THAT ONE.

AND THEN NOW THEY ARE TALKING ABOUT CHANGING THE FENCE, WHICH I FEEL LIKE IT'S BOX IN MY, UH, PROPERTY.

ONE OF THE FENCES THAT THEY ALREADY PUT THERE IS THE EXTENSION OF THEIR BACKYARD TO MY FRONT YARD.

AND LOOK, PLEASE LOOK HOW UGLY MAKES MY PROPERTY LOOK.

AND I FEEL LIKE THEY JUST MOVED IN AND THEY FEEL LIKE THEY CAN DO WHATEVER WANT AND WITHOUT CONSIDERATION FOR THE NEIGHBORS.

UH, THEY, I I, I FEEL LIKE THEY TRIED TO GET APPROVAL OF ALL THOSE PEOPLE THAT THEY KNEW ALREADY, BUT THEY DID NOT TALK ABOUT ONE OF THE PEOPLES THAT ARE MAKING OPPOSITION.

ONE OF THE, THE LADY IN FRONT OF PEOPLE, I TALKED TO HER, SHE WAS OPPOSED TO THAT, BUT BECAUSE SHE'S ELDERLY, SHE COULD NOT MAKE IT OR, AND DID NOT RESPOND TO, TO THE BOARD.

SO THAT'S, UH, WHAT I'M TRYING TO SAY, THAT THAT THING IS NEGATIVE EFFECT.

THE VALUE, THE LOOK OF MY HOUSE AND THE PICTURES PRETTY MUCH IT SHOWS IT THE ONE I SHOWED FOR THE, IN THE FRONT OF MY HOUSE.

THANK YOU, SIR.

ANYTHING ELSE? THAT'S IT.

THANK YOU VERY MUCH.

ANY QUESTIONS FOR THE PANEL TO THIS, UH, GENTLEMAN? ABRAHAM TUBAN.

HOW DO YOU SPELL THAT? PRONOUNCE IT TUBAN.

T AS TOM.

N O O.

HOW DO YOU PRONOUNCE IT? TUBAN.

TUBAN.

I APOLOGIZE.

TUBAN.

VERY GOOD.

TUBAN.

UM, ANY QUESTIONS? I'M GONNA HAVE A, I HAVE A ONE OR TWO FOR THIS GENTLEMAN.

UM, AND THIS QUESTION GOES TO STAFF.

SO MR. TUBAN, YOU PROVIDED US PICTURES OF BEFORE AND AFTER OF TREES IN THE APPLICANT'S FRONT YARD AND BEFORE AND AFTER PICTURES, UH, OR UH, OF BEFORE TREES, PICTURES IN THE BACKYARD.

AND THEN YOU PROVIDED US A PICTURE OF PROPOSED FENCE ADJACENT.

SO WHERE I'VE RECEIVED THOSE, YES.

SO WE ARE, WE TRY TO DO OUR BEST TO MAKE SURE WE FOLLOW WHAT THE CODE AUTHORIZES THIS BOARD OF ADJUSTMENT TO DO BASED ON CRITERIA AND REMEDY.

AND, UM, I'M GONNA ASK MS. NICKI, MS. DUNN, OUR BOARD ADMINISTRATOR AND OR OUR BOARD ATTORNEY, THE ISSUE OF TREES AND WHETHER TEARING OR TAKING DOWN A TREE OF A PROPERTY IS BY RIGHT, OR IF THERE'S A REQUIRED PERMIT FOR THAT.

AND NUMBER TWO, WHETHER THAT ISSUE OF A TREE CAN BE UTILIZED AS A CRITERIA FOR A BOARD OF ADJUSTMENT CASE, GOOD LUCK.

MOST OF THE TIME THERE IS A PROCESS TO EMANATE TREES OFF OF A PROPERTY, BUT FOR THIS PARTICULAR CASE, UH, WE'RE NOT, I A LITTLE BIT CLOSER SO I CAN HEAR YOU FOR THIS PARTICULAR CASE.

TREES DO NOT ALLI ALIGN WITH WHAT THEY'RE HERE FOR TODAY.

TREES WERE NOT A CONSIDERATION OF THE CASE.

THEY'RE NOT A PART OF IT.

SO REALISTICALLY, FROM A PROFESSIONAL STAFF STANDPOINT, AND DANIEL, I'M COMING TO YOU NEXT, IT THAT SH SHOULD NOT BE PART OF OUR CRITERIA IN GATHERING EVIDENCE FOR A DECISION.

ABSOLUTELY NOT.

THAT'S NOT ONE OF THE STANDARDS THAT WE'RE LOOKING AT TODAY.

OKAY.

I'M BEING RESPECTFUL, SIR.

I'M TRYING TO MAKE SURE BASED ON EVIDENCE THAT COMES TO US, WHAT WE CAN UTILIZE VERSUS NOT MR. BOARD ATTORNEY MOORE.

YES, MR. CHAIR.

THE STANDARD BEFORE THE BOARD IS WHETHER OR NOT THE FENCE WILL HAVE AN ADVERSE EFFECT ON THE SURROUNDING PROPERTIES.

SO THAT, THAT IS THE STANDARD.

THAT ALONE IS WHAT WE SHOULD BE LOOKING AT.

THAT THAT CORRECT.

THAT ALONE IS HOW THIS BODY MAKES THIS DECISION.

OKAY.

AND THAT'S, YOU'RE, YOU'RE IN AGREEMENT WITH THAT MS. DUNN? YES, I AM.

OKAY.

ALRIGHT.

SO I'M, IT'S OUR DECISION IN THE END AS PRIVATE CITIZENS APPOINTED

[01:00:01]

BY THE COUNCIL, BUT WE TRY TO SHAPE OUR DECISIONS BASED ON LEGAL INTERPRETATION AND PROFESSIONAL STAFF INTERPRETATION.

HENCE, BASED ON WHAT YOU GAVE ME, I'M TRYING TO ABSORB THAT.

UM, NOW AS IT RELATES TO THIS, THE PHOTO THAT YOU HAVE HERE THAT YOU GAVE US, IT SAID VIEW FROM MY HOUSE, THEIR BACKYARD FENCE EXTENDED TO THE FRONT OF MY HOUSE.

HAVE YOU SHOWN THIS TO THE APPLICANT OF YOUR CONCERNS? THEY BUILD IT.

THEY KNOW, OF COURSE THEY'RE AN NEXT DOOR NEIGHBOR.

YOU'RE JUST SAYING IT BLOCKED YOUR VIEW.

IT BLOCKS YOUR VIEW.

BLOCK VIEW.

MAKE MY HOUSE LOOK NOT, YOU KNOW, I, I'M SURE NOT NOBODY WANTS TO HAVE A UGLY WALL LIKE RIGHT LIKE THAT RIGHT IN FRONT OF THEIR ENTRANCE TO THE HOUSE.

UNDERSTOOD.

THANK YOU.

THANK YOU SIR.

UH, QUESTIONS FOR THIS SPEAKER? HE'S IN OPPOSITION.

OKAY.

I DON'T SEE ANY AT THIS POINT IN TIME.

THANK YOU VERY MUCH, SIR.

UH, DO WE HAVE ANY OTHER SPEAKERS IN OPPOSITION? ONE SECOND.

ALRIGHT.

DID YOU, DID YOU TURN IN A BLUE SHEET? YES.

VERY GOOD.

ALRIGHTY.

CAN YOU GIVE US YOUR NAME, YOUR ADDRESS, AND THEN OUR BOARD SECRETARY'S GONNA SWEAR YOU IN.

MY NAME IS MITCHELL TERRY, 1500 RAMSGATE CIRCLE POLLO 75 0 93.

DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS, PLEASE CENSOR.

I DO.

I DO.

AND YOUR LAST NAME AGAIN, SIR? TERRY.

TERRY.

T E R R Y? YES.

THANK YOU VERY MUCH MR. TERRY.

YOU HAVE FIVE MINUTES TO ADDRESS THE BOARD.

THANK YOU.

AND I'LL BE QUICK.

UM, I HANDLED COMMERCIAL PROPERTY FOR MR. TUBAN.

UH, SO I'M HERE MAINLY AS BACK UP FOR HIM.

BUT, UM, MY QUESTION WOULD BE TO THE APPLICANT, HAVE THEY DONE ANY SORT OF RESEARCH FROM RESIDENTIAL BROKERS IN THE AREA TO SEE IF THIS NEGATIVELY IMPACTS MR. TUBING'S PROPERTY FROM A MONETARY STANDPOINT? ALSO THEY MADE REFERENCE TO POSSIBLE CRIME ALONG THE AREA.

HAVE THERE BEEN ANY STUDIES YOU CAN FIND ONLINE ANY PROBLEMS WITH CRIME ON THE DALLAS? STATISTICS? I CAN BELIEVE THE POLICE DEPARTMENT PUTS OUT.

UM, SO FROM A VISIBILITY STANDPOINT, OBVIOUSLY THIS, UH, EIGHT FOOT FENCE, UM, WHICH I THINK WOULD BE QUITE CAPABLE OF BEING FOUR FEET BY RIGHT.

IS GOING TO OBVIOUSLY NEGATIVELY IMPACT, UH, MR. TUB'S PROPERTY BECAUSE OF THE SITE ABILITY FROM THE, COMING FROM THE NORTH TO THE SOUTH.

THAT'S ALL I HAVE TO SAY.

THANK YOU.

MR. TERRY, DID YOU ADDRESS THOSE QUESTIONS TO THE APPLICANT BEFORE BRINGING THEM IN PUBLIC TODAY? UH, NO, SIR.

OKAY.

ALL RIGHT.

THANK YOU.

ANY QUESTIONS THAT WE HAVE FROM THE PANEL TO THIS SPEAKER IN OPPOSITION? MR. NIAN? THANK YOU, MR. CHAIRMAN.

JUST A POINT OF CLARIFICATION.

YOU SAID AN EIGHT FOOT FENCE AND ACCORDING TO OUR DOCUMENTS, THEY'RE REQUESTING A SIX AND A HALF FOOT HIGH FENCE.

I APOLOGIZE.

THANK YOU.

ANY OTHER QUESTIONS FROM THE PANEL FOR THE, FOR MR. TERRY? MS. HAYDEN? OKAY.

JUST SO I'M CLEAR, MR. TERRY, UM, YOU'RE, YOU'RE NOT FROM THE NEIGHBORHOOD OR YOU'RE NOT IN THE I OR IN THE NEIGHBORHOOD? I'M NOT, YOU'RE, YOU'RE CORRECT.

OKAY.

SORRY.

OH, OKAY.

THAT'S, THAT'S ALL.

WAIT, WELL, COULD I ASK ONE MORE, MAKE ONE MORE STATEMENT REAL QUICK IF IT'S AN ANSWER TO A QUESTION OF MS. OH, I'M SORRY.

YOU CAN, WELL, IT, IT ACTUALLY HAS REFERENCE TO WHAT YOU HAD TALKED ABOUT.

OKAY, GO AHEAD.

GO AHEAD.

WE'RE JUST TRYING TO KEEP THINGS NARROWED.

LANES OF THE NEIGHBORS THAT WERE PROPONENTS OF THE, THE CHANGE, THE VARIANCE.

YOU ASKED FOR THE 200 FOOT RADIUS AROUND THE PROPERTY, HOW MANY OF THOSE PROPONENTS ARE WITHIN 200 FEET? HOW MANY ARE THOSE? WHAT THE PROPONENTS, THE OH, THE PEOPLE ARE IN A IN FAVOR? YEAH.

THEY'RE IN FAVOR OF THE THAT'S A QUESTION FOR ME.

YES.

THAT'S A QUESTION FOR YOU.

OKAY.

BECAUSE YOU HAD ASKED HER EARLIER.

OKAY.

WHEN WE WERE BRIEFED THIS MORNING BY OUR PROFESSIONAL STAFF, WE WERE NOT NOTIFIED OF ANY IN OPPOSITION.

RIGHT.

WHICH, SO THAT'S ONE, RIGHT? RIGHT.

NOW, MR. TIAN SPOKE TODAY IN OPPOSITION, SO THAT IS REGISTERED, BUT FROM OUR NOTIFICATION PROCESS WHERE PROPERTY OWNERS GET A, A LETTER FROM THE, FROM THE CITY IN ADVANCE, WE WERE, UH, NOTIFIED WITH

[01:05:01]

SOME IN FAVOR, BUT NO, IN OPPOSITION.

THE APPLICANT GAVE US A MAP IN HER PRESENTATION.

THE APPLICANT'S CONSULTANT MM-HMM.

THAT SHOWED SEVERAL, A VERY GREEN MAP.

AND I QUESTIONED HER SAYING, THAT'S A LOT MORE GREEN.

I'M REPEATING WHAT I SAID BEFORE.

YES, I, I HEARD MY WIFE SAYS THAT I SAVE, DO THAT ALL THE TIME, UH, THAT A LOT MORE GREEN THAN WAS PRESENTED TO THE CITY.

SO, BUT SHE DID THAT UNDER OATH.

IN ADDITION, THEY PROVIDED TO US, UH, IN THE A IN THE FILE THAT WAS PUBLISHED TO A WEEK AGO, A WEEK AGO, NEIGHBORS THAT SIGNED.

SO, UM, I HAD COUNTED 1, 2, 3, 4, 4 IN FAVOR JUST FROM THOSE THAT WERE SUBMITTED.

SO, UH, BUT WITH NO OPPOSITION.

BUT BUT YOU DON'T HAVE A LOCATION FOR EACH OF THE PEOPLE EXACTLY.

FOR THE FOUR WE DO BECAUSE OF THE PETITION.

ARE THEY, ARE THEY, YEAH, THEY'RE PETITION SIGNED.

BUT CAN YOU TELL IF THEY'RE WITHIN 200 FEET OF THAT? YES.

THOSE ARE THE ONLY ONES THAT I'M ZEROING IN ON.

NOW, FEEDBACK THAT IS OUTSIDE OF THE NOTIFICATION AREA IS RELEVANT.

RIGHT.

BUT THE DALLAS CODE, MR. ATTORNEY CONFIRM FIRM FOR ME, DALLAS CODE SPECIFIES THAT THE BOARD, UH, IS REQUIRED TO NOTIFY AND GET FEEDBACK AT OR SOLICIT FEEDBACK.

THOSE WITHIN 200 FEET OF THE CIRCUM OF ANY OF THE PROPERTY IN QUESTION MR. TURN.

YEAH, THAT'S CORRECT.

UNDER STATE LAW AND CHAPTER 51 A, WHEN SOMEONE MAKES AN APPLICATION TO THIS BODY, STAFF NOTIFIES ALL PROPERTY OWNERS WITHIN 200 FEET OF THE PROPERTY.

AND SO THAT'S OUR PRIMARY AREA OF, OF CONCERN.

UM, THAT IS ME.

WE DON'T IGNORE OUTSIDE OF THAT BECAUSE THESE ARE NEIGHBORHOODS, THE NEIGHBORHOODS ARE MORE THAN 200 FEET.

SO, AND THAT'S WHY WE HAVE THIS PUBLIC HEARING.

WELL, FROM A, A LOGISTICS STANDPOINT OF THE, WHAT YOU HAVE, YOU DON'T KNOW HOW MANY ARE WITHIN THAT 200 FOOT.

WELL, AS I SAID BEFORE, SIR, YES.

ON MY MAP RIGHT HERE, I NOTED IN WRITING FOUR PROPERTY, SEVEN PROPERTY EIGHT, PROPERTY 10, PROPERTY SIX, THAT ARE ALL WITHIN THE 200 FEET NOTIFICATION.

OKAY.

THAT'S, AND THOSE PROPERTIES ALL ACROSS THE STREET FROM THE APPLICANT, WHICH IS COMPELLING.

IT'S COMPELLING BECAUSE OUR CONCERN OVER TIME IS THIS TUNNELING EFFECT THAT OCCURS WHEN WE PUT FENCES IN NARROW STREETS AND WE HAVE A SENSITIVITY TO THAT.

BUT IT'S A CASE BY CASE BASIS BASED ON PUBLIC TESTIMONY AND THEN A CONSENSUS OF CITIZENS THAT LIVE IN NEIGHBORHOODS.

LIKEWISE.

SO THAT'S OUR PROCESS.

THANK YOU VERY MUCH.

IT'S NOT PERFECT, BUT IT'S MEANT TO BE FAIR.

ALL RIGHT.

THANK YOU VERY MUCH.

OKAY.

THANK YOU, SIR.

APPRECIATE IT.

ANY OTHER QUESTIONS FOR MR. TERRY? OKAY.

SO ARE THERE ANY OTHER SPEAKERS IN OPPOSITION? NO OTHER SPEAKERS, SIR.

NO OTHER SPEAKERS EITHER SIDE.

OKAY.

SO DOES THE BOARD HAVE QUESTIONS FOR THE APPLICANT OR ANY SPEAKERS? MR. HOLCOMB? I'M SORRY.

I'M SORRY.

THANK YOU.

IT'S OKAY, MR. HOLCOMB.

YOU GOTTA SHAKE THAT.

SO, SO I GUESS THIS WOULD BE, UM, PROBABLY BEST ADDRESSED TO THE APPLICANT OR, OR MAYBE CITY STAFF IF THEY HAVE THE PICTURES.

HOW MANY OF THESE, I'M LOOKING AT THE AERIAL MAP HERE.

THAT WAS INCLUDED AS PART OF THE DOCKET.

HOW MANY OF THESE HOUSES HAVE, HAVE A FENCE LINED THAT'S THAT UP CLOSE TO THE PROPERTY LINE, MR. AL? YES.

I, I I ALONG STRAIGHT LANE? YEAH.

UH, HUGHES LANE.

HUGHES LANE, YES, THAT'S CORRECT.

THE PROPERTY IMMEDIATELY TO THE NORTH HAS A FENCE ON THEIR FRONT PROPERTY LINE.

UM, I BELIEVE THERE WERE SOME CORNER LOTS, WHICH MAY OR MAY NOT BE ON YOUR MAP.

UM, BUT I RECALL THREE AS I TRANSVERSED FROM NORTH TO SOUTH UP HUGHES LANE, APPROXIMATELY.

OKAY.

AND THAT, AND THAT ONE TO THE NORTH.

I'M ACTUALLY THE, THE NEIGHBOR DIRECTLY TO THE NORTH.

I'M, I'M, I'M KIND OF CONCERNED WITH THAT ONE.

SO THAT, YOU SAID THERE'S A FENCE THERE ABOUT HOW HIGH WOULD YOU SAY THAT FENCE IS? DO YOU THINK IT'S LIKE A FOUR FOOT OR IS IT A BIGGER, I BELIEVE IT'S A SIX FOOT FENCE.

SIX FOOT FENCE, UM, OR ELEVATION SHOW.

IT'S GONNA LINE UP.

UM, I LOOKED AT GOOGLE STREET VIEW AND IT WAS THERE THE ENTIRE TIME FOR THE HISTORY.

SO IT'S BEEN THERE SINCE THE EARLY TWO THOUSANDS.

OKAY.

OKAY.

SO, SO IF I'M STANDING AT THE HOUSE TO THE SOUTH OF THE APPLICANT, AND I'M LOOKING NORTH, OKAY, RIGHT NOW, I'M STILL LOOKING INTO THE FENCE OF THAT PROPERTY TO THE NORTH OF THE APPLICANT.

SO IN OTHER WORDS, THIS NEW FENCE IS ONLY CUTTING OFF OF A VIEW IN THAT LITTLE SORT OF TRUNCATED TRIANGLE BETWEEN THE APPLICANT TO THE SOUTH, OR I MEAN THE APPLICANT, SORRY, THE PERSON TO THE SOUTH OF THE APPLICANT AND THE PERSON TO THE NORTH IN, IN OTHER WORDS, WHAT I'M TRYING TO SAY IS THE VIEW THERE IS ONLY THIS SMALL TRIANGLE THAT THIS FENCE WOULD OBSCURE BECAUSE THERE'S ANOTHER FENCE TO THE NORTH, CORRECT? YES, SIR.

SO THE FENCE TO THE NORTH IS AN OPEN RODAR STYLE WITH MASONRY COLUMNS.

[01:10:01]

UM, UH, THERE MAY BE SOME MINOR OBSTRUCTION BECAUSE OF OUR WING WALLS BY OUR DRIVEWAY, JUST TO BE, UM, HONEST WITH YOU.

UM, BUT THE ROAD CURVES AT THIS LOCATION, SO THE, IF YOU'RE STANDING IN, IN OUR DRIVEWAY AND LOOKING DEAD NORTH, YOU'RE GONNA BE LOOKING AT THE HOUSE ACROSS THE STREET.

AND, AND THAT'S THE ONLY SITE LINE THAT THE PROPOSED FENCE WILL OCCUPY? YES, SIR.

OKAY.

THAT'S WHAT I WAS GETTING AT.

THANK YOU.

WHAT OTHER QUESTIONS DO WE HAVE OF THE APPLICANT OR ANY THE SPEAKERS? HEARING NONE, UH, THE CHAIR WOULD, UH, ENTERTAIN A MOTION.

MR. HALCOMB, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 25 ON APPLICATION OF JENNIFER HIROTO GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT, SIX INCH HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.

BECAUSE OUR EVALUATION OF THE PROPERTY AND THE