[Board of Adjustments: Panel B on March 22, 2023.]
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MY NAME IS SHERRY GABO AND I'M THE VICE CHAIR FOR THE BOARD OF ADJUSTMENT TODAY, WEDNESDAY, MARCH 22ND, 2023 AT 1:00 PM I'D LIKE TO WELCOME YOU TO THE BOARD OF ADJUSTMENT PUBLIC HEARING.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT IN THE MANNER IN WHICH THIS HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND HAVE NO FINANCIAL COMPENSATION.
OH, CAN, CAN YOU HEAR IT NOW? NOPE.
MEMBERS OF THE BOARD ARE APPOINTED BY CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO BE ILLEGAL USE.
WE HAVE BEEN FULLY BREACHED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED DOCKET WHICH EXPLAINS THE POINTS OF EACH CASE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES TODAY SHOULD BE SUBMITTED TO THE BOARD'S SECRETARY WHEN YOUR CASE IS CALLED.
THE EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE LETTERS TO THE LETTERS OF THE BOARD'S.
ACTIONS TODAY WILL BE MAILED TO THE APPLICANT SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
LASTLY, ALL PEOPLE REGISTERED TO SPEAK ON ANY OF THE CASES TODAY.
WERE REG, WERE REGISTERED, WERE REQUIRED TO REGISTER WITH STAFF BEFORE ADDRESSING THE BOARD.
UM, SO EACH REGISTERED SPEAKER WILL HAVE THREE MINUTES TO ADDRESS THE BOARD.
THE BOARD SECRETARY WILL CALL THE TIME AT THREE MINUTES IF REQUESTED BY THE SPEAKER DESIRED BY THE BOARD, THE CHAIR MAY REQUEST A MOTION AND VOTE ON A SPECIFIC AMOUNT OF TIME TO COMPLETE PRESENTATIONS OR CONTINUE TO ADDRESS THE BOARD.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING ALLOW IS ALLOWED BY A WEBEX.
BOARD MEMBERS TODAY INCLUDE SARAH LAMB, MICHAEL KOWSKI, JOE CANNON, AND ANDREW FINNEY.
ALSO HERE TODAY TO ASSIST THE BOARD OF MEMBERS OF CITY STAFF.
UM, TODAY WE HAVE, UM, THERESA CARLISLE, ASSISTANT CITY ATTORNEY, UM, MATTHEW SAPP, ALSO ASSISTANT CITY ATTORNEY MARY WILLIAMS, ADMINISTRATIVE SPECIALIST AND MEETING MODERATOR.
UM, UM, STEVE LONG BOARD OF ADJUSTMENT CONSULTANT NIKKI DUNN, OUR CHIEF PLANNER AND BOARD ADMINISTRATOR.
GIANNA BRIDGES, OUR SENIOR PLANNER, LLOYD DENI.
UM, I DON'T THINK HE'S HERE TODAY.
NORA CAST OUR QUOTE SPECIALIST.
DIANA BURK, OUR SENIOR PLANS EXAMINER, MARY WILLIAMS, OUR BOARD SECRETARY, AND TRINA LAW, OUR BOARD CONSULTANT.
DO WE HAVE ANYONE, UM, THAT IS GONNA BE SPEAKING FOR PUBLIC TESTIMONY TODAY? NO PUBLIC TESTIMONY SPEAKERS.
DO WE HAVE A MOTION TO APPROVE OUR MINUTES FROM LAST RUN? UH, ALRIGHT.
MICHAEL KOWSKI, UM, MOVE THAT WE APPROVE OUR MEETINGS FROM OUR MINUTES FROM THE LAST MEETING, WHICH WAS JAN JANUARY.
I MOVE THAT WE APPROVE OUR MEETING MINUTES FROM THE LAST MEETING.
THAT MOTION? ALL IN FAVOR SAY AYE.
NO OPPOSED? THE MOTION PASSES UNANIMOUSLY.
UM, ALL FUTURE MOTIONS WILL BE CALLED BY EACH MEMBER'S NAME.
A ROLL CALL FOR VOTES IS REQUIRED TO PROPERLY RECORD ALL VOTES.
UM, IF YOU'RE ONLINE, PLEASE MAKE SURE TO MUTE YOUR MIC WHEN YOU'RE NOT ON.
IF YOU HAVE A QUESTION, MAKE SURE TO RAISE YOUR HAND TO GET MY ATTENTION.
PLEASE LIMIT CROSSTALK ON THE COMPUTER.
UM, UNTIL YOU, UH, HAVE BEEN CALLED UPON THE BEHALF, MR. HANDER, YOU PLEASE DO SPEAK UP.
LET'S START WITH OUR FIRST CASE, WHICH IS BDA 2 23 DASH 0 23 60 10, PRESTON SHIRE LANE.
UM, AND WE'LL CALL THE CASE AS AN ORDER.
THE APPLICANT IS HERE IF YOU WOULD LIKE FOR HIM TO SPEAK.
UM, IF THE APPLICANT FOR BDA 2 23 DASH 23 60 10, PRESTON CHARLA WOULD LIKE TO STEP FORWARD TO THE, UM, PODIUM.
AND PLEASE STATE YOUR NAME AND ADDRESS FOR
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THE RECORD AND YOU'LL HAVE THREE MINUTES TO SPEAK.DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
UM, WOULD YOU LIKE TO PRESENT YOUR CASE? WOULD YOU LIKE TO PRESENT YOUR CASE? OH, THERE YOU GO.
1,120 A SQUARE FEET OUT THERE.
UH, I'M IN TWO BEDROOM, TWO BAD, UH, APARTMENT NEXT TO OUR PROPERTY.
AND THAT'S GOING TO RECITE MY, UH, SICK MOTHER-IN-LAW.
SHE'S GONNA MOVE WITH US AND SHE NEEDS A CARE.
I'M ASKING THE BOARD TO APPROVE THAT, UH, PROJECT.
AND YOU'LL NOT BE USING IT FOR RENTALS? NOT AT THIS TIME.
AND IS IT ONE STORY OR TWO STORIES? ONE STORY.
ALL THE REQUIREMENT WAS I BE LOWER ON THE, UH, ELEVATION.
LOWER, LOWER THAN EXISTING STRUCTURE, WHICH I AM, I'M A MEANING, UH, LESS THAN A 25% OF THE MAINTENANCE STRUCTURE.
AND YOU UNDERSTAND THAT IF YOU BUILD THIS AND WE GRANT IT, YOU CANNOT RENT IT WHEN YOU SAY NOT AT THIS TIME, YOU WILL NOT BE ABLE TO RENT IT.
THAT IS PART OF I UNDERSTAND IT.
SIR, DO YOU REALIZE THAT IF YOU DID NOT CONSTRUCT ALL THREE OF PART OF THE ACCESSORY DWELLING UNIT, UM, A, A BEDROOM, A BATHROOM, AND A KITCHEN, THAT YOU WOULDN'T HAVE TO COME IN FRONT OF OUR BOARD? WHY IS IT THAT YOU FEEL THAT YOU NEED ALL THREE OF THOSE? UM, ON THIS SECONDARY? I DIDN'T UNDERSTAND THE QUESTION.
SO THERE ARE, THERE ARE THREE THINGS THAT GO INTO, UM, CREATING AN ACCESSORY DWELLING UNIT THAT IS A BEDROOM, A BATHROOM, AND A KITCHEN.
RIGHT NOW, IF YOU HAD ANY COMBINATION OF THE TWO OUT OF THE THREE, YOU WOULD NOT HAVE TO COME IN FRONT OF OUR BOARD.
YOU ARE ALLOWED TO CONSTRUCT THAT BY RIGHT.
SO WHY IS IT THAT YOU ARE COMING IN FRONT OF OUR BOARD ASKING TO CONSTRUCT ALL THREE OPPOSED TO JUST CONSTRUCTING MAYBE A BEDROOM AND A BATHROOM? WELL, SHE'S GONNA LEAVE ON HER OWN.
I MEAN, SHE NEEDS A BATHROOM, SHE NEEDS A KITCHEN.
I MEAN, SHE'S GONNA BE INDEPENDENT.
THAT'S A REQUIREMENT SHE DOES HAVE.
THE MOTHER-IN-LAW HAS FOR US, I MEAN, WE DON'T WANT HER 84 YEARS DEPEND ON TO US BEFORE THE FIVE OR SIX YEARS TO GO TO THE NURSING HOME.
IT MEANS SHE DOES NEED A KITCHEN.
AND WILL SHE BE PAYING YOU RENT? NO.
ARE THERE ANY QUESTIONS? ARE THERE ANY OTHER SPEAKERS, UM, ON THIS CASE? NO OTHER SPEAKER.
OH, MS. LAMB HAS ANOTHER QUESTION.
SO THE, SOME OF THE, SOME OF THE PARAMETERS FOR US TO CONSIDER THIS IS WHETHER IT'LL BE USED AS A RENTAL ACCOMMODATION.
YOU'VE CLARIFIED THAT IT WILL BE NOT, IT WILL NOT BE.
AND WILL, IF WE ARE TO APPROVE THIS WILL BE DEED RESTRICTED TO ALLOW A RENTAL UNIT.
THE OTHER IS, WILL IT ADVERSELY AFFECT NEIGHBORING PROPERTIES? UM, HOW MANY OF YOUR NEIGHBORS, I I'M SORRY, I DIDN'T HEAR ANY OF THE STUFF YOU SAID.
WHAT'S GOING ON WITH THIS SPEAKER? BRAD, IF YOU CLOSE TO THE MARK, I WILL HEAR YOU.
SO, UM, PART OF OUR JOB IS TO, TO MAKE SURE THAT IT DOES NOT DIRECTLY ADVERSE NEIGHBORING PROPERTIES.
ARE YOU AWARE OF ANY NEIGHBORING PROPERTIES THAT UM, NO MA'AM.
THAT HAVE ACCESSORY DWELLING UNITS? YES, MA'AM.
TWO, UNDER OUR NEIGHBORHOOD, UH, ONE AT THE 60 61 0 DECO AS WE TALK, AS WE SPEAK, ARE UNDER CONSTRUCTION.
AND ONE IN THE OTHER SIDE OF THAT, I BELIEVE 60 28, UH, 27.
AND I PROVIDE THE PLANNING DEPARTMENT WITH THOSE PICTURES.
AND ALSO I TALKED TO THE, ACROSS THE NEIGHBOR, UH, TO MY NEIGHBORS AND HE SIGNED A WAIVER AND IT IS PART OF THE, UH, FILE TOO.
AND I TALKED TO THE TWO, UH, OTHER NEIGHBOR WHO DIDN'T HAVE ANY OBJECTION.
UM, SO WE RECEIVED, WE RECEIVED A LETTER OF OPPOSITION TO YOUR REQUEST.
UM, SOME OF THE CONCERNS THAT YOUR NEIGHBORS HAVE.
UM, WHAT HAPPENS WHEN YOUR MOTHER-IN-LAW NO LONGER NEEDS THIS? THE SPACE? WHAT WILL YOU DO WITH IT? WE WILL USE IT AS A GUEST OUT.
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STRUCTURE.WE DON'T WANT SOMEBODY IN OUR LIFE.
IT IS NOT GONNA BE CONVENIENT TO OUR LIFE OUTSIDE.
WELL, YOU WOULDN'T BE ALLOWED TO RENT IT.
AND THEN WHERE IS THE ADDITIONAL PARKING FOR THE STRUCTURE GOING TO BE ACCOMMODATED? THERE IS A PLANNING STRUCTURE, PLANNING PARKING LOT IN THE BACKYARD.
THERE IS AT LEAST 600 SQUARE FEET OF THE PARKING.
AND ALSO WE HAVE A CIRCULAR DRIVE FRONT OF THE BUILDING.
WHAT SORT OF DUE DILIGENCE HAVE YOU DONE IN TERMS OF REACHING OUT TO YOUR NEIGHBORS? I HAVE, I HAVE REACHED OUT TO THE NEIGHBOR AT THE SIX ZERO, UH, ZERO SEVEN ACROSS FROM ME.
AND HE SIGNED THE WAIVER AND I SAID TALK, UH, TO THE OTHER, UH, PEOPLE.
UM, BUT YOU ARE, ARE YOU AWARE THAT YOU DO HAVE A LETTER OF OPPOSITION? I HAVE NOT.
DO WE KNOW WHAT ADDRESS THIS LETTER CAME FROM? WE HAVE NO WAY OF KNOWING IF IT'S IN THE REPORTING ZONE.
WHAT IS THE NAME ON THE OPPOSITION LETTER? WILLIAM BENSLEY.
OH, SO THEY ARE, UM, THEY'RE AT 60 26 PRESTON SHIRE.
LETS, HOW DO YOU SPELL THE LAST NAME AGAIN? B E N S Y L.
WILLIAM AND KATHERINE BEN AT 60 26.
PRESTON SHIRE LANE IS ON YOUR NOTIFICATION LIST IS NUMBER FOUR ON YOUR NOTIFICATION, MATT MM-HMM.
I I HAVE CONCERNS THAT NEIGHBORS ARE IN OPPOSITION.
HAVE YOU, HAVE YOU REACHED OUT TO THE, YOUR NEIGHBORS AT UM, 60 26 PRESTON SHIRE? NO MA'AM.
IT'S A 200 FEET MORE THAN 200 FEET.
NO, IT'S, IT'S IT'S TWO DOORS DOWN FROM YOU DOWN ON MY SIDE.
AND THIS IS WHERE THE LETTER OF OPPOSITION CAME FROM.
BUT THE NEIGHBOR ACROSS FROM ME WAS, DIDN'T HAVE ANY PROBLEM BEHIND ME WHERE BUDDY DIDN'T HAVE ANY PROBLEM.
WOULD YOU BE OPEN TO DOING A LITTLE BIT MORE WORK TO REACH OUT TO YOUR NEIGHBORS IN ORDER TO GET THIS PASSED? I WILL DO THAT.
LOOK, WHAT IS THE REASON? THE OBJECT THEY HAVE, THEIR CONCERNS ARE, UM, THAT IF WE APPROVE, GRANTED NO CASE THAT'S PRECEDENT.
BUT IF WE WERE TO APPROVE YOUR CASE, THEN THERE IS A CASE THAT ALLOWS AN ACCESSORY DWELLING UNIT WITHIN THE NEIGHBORHOOD AND THAT THAT COULD BE CONSIDERED OPENING THE BOX THE DOOR FOR OTHER ACCESSORY DWELLING UNITS.
I DO UNDERSTAND THAT, BUT THE MAXIMUM LOT SIZE ON THEIR, THEIR LOT IS A HUNDRED FEET WIDE.
MY LOT IS A HUNDRED FEET PLUS 35.
IT MEANS WE HAVE AN EXTRA LOT, WHICH I REPLANTED YEAR AGO ADDED TO OUR LOT, WHICH IS THE CORNER LOT.
WELL, I GUESS ANY OF THE, ANY OF THE UNITS OR I MEAN HOUSE OVER THERE IS NOT POSSIBLE TO BUILD ACCESSORY UNIT.
WELL, I GUESS THE ADVERSE COULD BE SAID THEN.
RIGHT? THEN IF YOUR LOT IS EXTRA LARGE, THEN YOU COULD BUILD AN ADDITIONAL SPACE ONTO YOUR EXISTING HOUSE RATHER THAN DOING AN ACCESSORY DWELLING UNIT.
WELL, WE WANT IT TO BE A SEPARATE.
SO THERE OTHER CONCERNS ARE, UM, WHAT HAPPENS WHEN YOUR FAMILY MEMBER, NO LAUREL LIVES THERE.
WHAT HAPPENS TO SPACE? WHAT RESTRICTIONS WOULD YOU APPLY WHEN YOU SELL THE PROPERTY? AND NOW THAT THIS IS SOMETHING THAT RUNS WITH A LAND, THEIR OTHER CONCERNS ARE, UM, WHAT OTHER OPTIONS HAVE BEEN EXPLORED SUCH, UM, SPACE WITHIN YOUR EXISTING STRUCTURE? GARAGE SPACES, MAYBE JUST HAVING A BEDROOM AND A BATHROOM, NOT A BEDROOM, BATHROOM AND KITCHEN.
UM, AND THEN ALSO PARKING CONCERNS ABOUT WHAT HAPPENS WITH WHO PARKS THERE AND HOW MANY CARS.
THERE IS A, THERE IS A PLANNING, PARKING, PLANNING, PARKING.
AND ALSO THERE IS A A TWO UNIT, I MEAN TWO HOUSES IN DESK THAT ARE DOING THE SAME THING.
WHAT? LEAVE ME SEPARATE FROM THEM.
I MEAN, WELL, WE DON'T KNOW WHETHER THEY ONLY HAVE A BEDROOM AND A BATHROOM OR NOT A KITCHEN, WHICH WOULDN'T NECESSARILY MAKE THEM AN ACCESSORY DWELLING UNIT.
WELL, UH, TWO YEARS AGO WHEN THE, THE ONE ALONG THE DESK HE WAS BUILDING WHEN I VISIT THAT HE HAD THE FULL HOUSE, TWO BEDROOM UPSTAIRS AND THE WHOLE LIVING ROOM AND A KITCHEN DOWNSTAIRS.
SO, UM, BUT THE QUESTION I POSED TO YOU EARLIER WAS WOULD YOU BE OPEN TO WORKING WITH NEIGHBORS? I THINK THEIR CONCERNS ARE VERY VALID AND THE FACT THAT YOU HAVE NOT ENGAGED WITH THEM AND YOU'RE ASKING TO, FOR THIS, THIS SPECIAL EXCEPTION TO BUILD AN ACCESSORY DWELLING UNIT, THESE CONCERNS THEY HAVE ARE VERY VALID.
SO I ASKED YOU, ARE YOU WILLING TO, TO DO A LITTLE BIT MORE WORK IN TERMS OF REACHING OUT TO YOUR NEIGHBORHOOD NEIGHBORHOODS? CUZ ONE OF THE THINGS THAT WE NEED TO LOOK AT IS, IS WHAT YOU'RE ASKING FOR, IS IT CONTRARY TO PUBLIC INTEREST? AND WE HAVE SOMEBODY SAYING THAT IT IS.
SO MY QUESTION TO YOU IS, ARE YOU WILLING TO DO THE WORK, TO WORK WITH YOUR NEIGHBORS TO I WILL DO THE WORK, BUT
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THE MAIN THING IS THERE ARE THE 24 DIFFERENT PEOPLE AROUND ME.JUST ONE OPPOSE AND THE REST OF 'EM IS KIND, DIDN'T HAVE ANYTHING TO SAY.
AND THE ONE SIGN AGREEMENT, UH, I'M PRESENTING TO YOU AND ONE OBJECTION.
I MEAN, I'M 90%, UH, AGREEABLE IN THE NEIGHBORHOOD.
WELL, YOU SAID YOU ONLY REACHED OUT TO TWO OF YOUR NEIGHBORS.
SO, BUT THERE'S 1200 REPORTING ZONE.
I UNDERSTAND, BUT THEY DID RECEIVE YOUR NOTICE AS WELL.
BUT SIR, IT'S, IT'S YOUR JOB AS THE APPLICANT TO THE BURDEN OF PROOF.
SO IT'S YOUR JOB TO DO MORE THAN JUST HAVE THE CITY NOTIFY THAT YOU HAVE A ZONING CASE.
YOU NEED TO DO THE WORK WITH YOUR NEIGHBORHOOD TO MAKE SURE THAT IT'S NOT CONTRARY TO PUBLIC INTEREST.
WHAT YOU WANTED IS THE, A UNANIMOUS AGREEMENT FOR THE WHOLE NEIGHBORHOOD.
NO, I WANT YOU TO REACH OUT TO YOUR NEIGHBORHOOD.
I THINK I'M DONE IN HAVING THIS DISCUSSION.
I'M ASKING YOU IF YOU'RE WILLING TO DO THE WORK.
I WILL HELP OUT AS MUCH AS POSSIBLE TO HELP MY MOTHER-IN-LAW.
BUT MAIN THING IS, UH, I MEAN I CAN'T GO DOOR TO DOOR AND, UH, GET EVERYBODY SIGNED SIGNATURE AGREEMENT.
YOU HAVE ONE, ONLY ONE LETTER OF OPPOSITION.
SO YOU HAVE TO DO THE WORK IN ORDER TO MAKE SURE YOUR NEIGHBORHOOD.
I DON'T, I DON'T HAVE ANYTHING FURTHER.
THIS MIGHT BE MORE FOR, UM, OUR STAFF HERE, BUT, UM, MY QUESTION WOULD BE FOR AS FAR AS, UM, ACCESS TO THIS, UM, ACCESSORY DWELLING UNIT, IS THERE, UM, A SEPARATE ACCESS TO IT FROM ANY ALLEYWAY? OR IS THIS SOLE ACCESS FROM, FROM A PROPERTY? YES SIR.
WE HAVE ACCESS THROUGH THE ALLEY AND THE HOUSE BEHIND ME.
THEIR ACCESS IS THROUGH THE ALLEY.
WE DON'T HAVE ACCESS TO THE FENCE RIGHT NOW, BUT WE CAN OPEN UP THE GATE AND I HAVE A GATE NEXT TO EXISTING HOUSE RIGHT NOW, WHICH IS REMOTELY CAN OPEN.
AND, UH, WHOEVER, FIRST OF ALL, MY MOTHER-IN-LAW DOESN'T HAVE A CAR.
AND THE SECOND OF ALL, THERE ARE THE PLANNING, PARKING IN THE NAV, I MEAN IN OUR PROPERTY.
OUR EXISTING DRIVEWAY CIRCULAR DRIVE IS A 18 FEET WIDE AND THE ENTIRE OF THE HUNDRED FEET OF THE, UH, WIDTH OF THE PROPERTY.
AND THEN, UM, SECOND QUESTION TO THAT.
ARE THERE ANY PLANS TO HAVE THAT GATE THAT'S, THAT'S COMING OUT TO THE ALLEY? IS THERE, WHAT ARE THE PLANS TO MAKE SURE THAT THE SECURITY, THE NOT
I'M GONNA OPEN THAT GATE WITH THE ELECTRICAL GATE TO ACCESS THE HOUSE FROM BEHIND.
ANY OTHER QUESTIONS? ARE THERE ANY OTHER QUESTIONS? OKAY.
DO I HAVE A MOTION ON THIS CASE? OH, OH, OH, OH, I THOUGHT WE WERE ALREADY, OKAY.
DO WE HAVE ANY OTHER SPEAKERS ON THIS CASE? THANK YOU VERY MUCH FOR PRESENTING.
AND, UM, AND DO I HAVE A MOTION MS. LAMB? YES.
I MOVE THAT THE BOARD OF ADJUSTMENT REQUEST, MR. BDA 2 23 DASH 23 HOLD THIS MATTER UNDER ADVISEMENT UNTIL APRIL 19TH.
LEMME JUST GET YOU MADAM CHAIR.
ANY DISCUSSION? I MEAN, I'D LIKE TO GIVE THIS APPLICANT TIME TO DO A LITTLE BIT MORE WORK FOR THE NEIGHBORHOOD.
UM, I DON'T, I HOPE THAT HE'D BE OPEN TO, IT SEEMS LIKE THERE'S A LITTLE RESISTANCE, BUT, UM, THAT'S, I I THINK GIVEN A MONTH, MAYBE YOU CAN GO AND REACH OUT TO YOUR NEIGHBORS.
I DON'T THINK ENOUGH DUE DILIGENCE DONE HERE.
UM, IF THAT'S NOT SOMETHING THAT PASSES, THEN I WOULD PROBABLY DENY THIS CASE.
I WOULD SAY IN THIS CASE, UM, WOULDN'T PARTICULARLY, UM, AGREE WITH THE HOLDOVER.
BUT SINCE THERE IS A LETTER OF OPPOSITION, IT IS THE BOARD'S, UH, PURVIEW TO ENSURE THAT THE SURROUNDING AREA THAT THERE IS, UM, AN AGREEMENT AS TO WHAT NEW PROJECTS ARE GOING ON.
SO THIS, UM, LIST OF CONCERNS DO BELIEVE ARE VALID.
SO I WOULD WANT TO GRANT THE APPLICANT TIME TO REMEDY THESE ACTIONS.
I WOULD LIKE, I WOULD HOPE THAT THE APPLICANT WOULD WORK WITH THEIR NEIGHBORS.
I BELIEVE MANY OF THESE CONCERNS ARE NOT VALID BECAUSE THEY ARE EXPLICITLY, I, I GUESS FALSE.
THIS WILL NOT OPEN PANDORA'S BOX.
IT CANNOT OPEN PANDORA'S BOX BECAUSE WE HAVE TO REVIEW EVERY CASE ON ITS OWN MERITS.
AND WE DO NOT SET A PRECEDENT, UH, PRECEDENT.
UM, I DON'T THINK THAT THEIR CONCERN FOR, UH, PARKING IS NOT A CONCERN THAT WE HAVE BECAUSE THAT IS, AS MISS, UH, AS CHAIR GAO SAY, WE ARE ASSUMING THAT THEY'RE MEETING ALL OF THE REQUIREMENTS THAT THEY'RE MEANT TO REQUIRE, MEANT TO MEET.
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AND PARKING IS ONE OF THOSE.UM, WE ARE NOT REQUIRED TO ASK THEM TO, UM, EXPLORE OTHER OPTIONS BECAUSE THEY ARE ASKING FOR THIS AND WE'RE NOT DESIGNING THIS FOR THEM.
AND RESTRICTIONS ON THIS HAVE, ARE TAKEN CARE OF WITH THE, UH, THE RESTRICTION.
AND SO MANY OF THESE QUESTIONS HAVE BEEN ANSWERED.
I I DON'T SEE ANY REASON THAT IT, IT ADVERSELY AFFECTS THE NEIGHBORHOOD.
AND I THINK THAT THERE ARE ALWAYS GONNA BE PEOPLE WHO DO NOT WANT THINGS TO CHANGE IN THEIR NEIGHBORHOOD AND WILL ALWAYS BE, UH, AGAINST IT.
I, I'M OKAY IF WE WANT HIM TO TALK TO THEM, BUT I'M NOT EXPECTING HIM THE APPLICANT TO CHANGE THEIR MIND.
I DON'T THINK HE, THE PPLICANT MADE THE CASE THAT'S NOT CONTRACTED PUBLIC INTEREST.
AND THE FACT THAT THE PPLICANT COULD CONSTRUCT SOMETHING WITH MAYBE TWO OF THE THREE PRONGS, YOU KNOW, MAYBE A BEDROOM AND A BATHROOM, UM, WITHOUT COMING IN FRONT THE BOARD, HE'S ASKING TO VIOLATE DEVELOPMENT CODE, UM, ASKING PERMISSION.
SO HE COULD CERTAINLY ACHIEVE THAT WITHOUT COMING IN FRONT OF OUR BOARD AND STILL ACCOMMODATE HIS, HIS MOTHER-IN-LAW.
AND I DON'T THINK HE MADE THE CASE THAT IS NOT CONTRACT PUBLIC INTEREST AND THE FACT THAT WE HAVE NEIGHBORHOOD OPPOSITION SUPPORTS THAT.
SO I WOULD LIKE TO GIVE HIM TIME TO GO BACK AND, AND TRY TO ALLEVIATE OUR CONCERNS ABOUT IT NOT BEING CONTRARY TO PUBLIC INTEREST.
ARE WE READY FOR A VOTE? MR. FEENEY? AYE.
MAY MS. LAMB? AYE UM, MADAM CHAIR, AYE FOR 41 MOTION PASSES.
SO LET THE RECORD SHOW THAT THE, THIS APPLICATION WAS DELAYED UNTIL APRIL 19TH.
UM, YOU'LL BE GETTING A DECISION LETTER FROM STAFF IN THE NEXT SEVERAL DAYS THAT RECORDS THIS ACTION TODAY.
UM, WE'LL SEE YOU BACK ON APRIL 19TH FOR THE APPLIC.
OKAY, WE ARE MOVING ON TO, UM, BDA 2 23 DASH 0 26, UM, FOR THE APPLICATION AT 52 53 BONITA AVENUE.
UM, IF THE, UH, REPRESENTATIVE WILL COME FORWARD FOR THIS CASE, THE APPLICANT, AND, UM, WE'LL SWEAR YOU IN.
AND THEN IF YOU'LL STATE YOUR NAME AND ADDRESS FOR THE RECORD.
AND I, I DO HAVE SOME SUPPLEMENTAL INFORMATION THAT I DON'T BELIEVE THE STAFF WAS ABLE TO SEE THAT I WAS ONLY ABLE TO GET TO GIANNI YESTERDAY MORNING.
SO I DO HAVE HANDOUTS FOR EVERYBODY IF THAT'S POSSIBLE TO PASS THAT OUT.
DO WE HAVE TO FIND MANY PAGES? DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS PLEASE.
WELL, THE A THE ADDRESS FOR THE PROPERTY, THE VA, IT'S A VACANT LOT.
IT'S 52 53 BONITA AVENUE, DALLAS, TEXAS 75,206.
AND IS YOUR, UM, PRESENTATION LESS THAN FIVE PAGES? IT IS FIVE PAGES.
YOU HAVE THREE MINUTES TO SPEAK.
OKAY, THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION.
UH, I DO HAVE A LIST OF 20 PROPERTIES, UH, THAT YOU WILL SEE ON THE PROPERTY'S ZONED SINGLE FAMILY, UM, PAGE THAT WAS JUST PASSED OUT.
UH, I DID SOME RESEARCH INTO THE HOMES, JUST A FEW BLOCKS FROM 52 53 BONITA.
THERE WERE MANY MORE THAN THIS, BUT THIS IS 20 AGAIN, ALL ZONED JUST LIKE MY PROPERTY, RESIDENTIAL 7,500.
AND THESE ARE THE, THE SQUARE FOOTAGE OF THE TOTAL IMPROVEMENTS.
THE SMALLEST BEING 3,421, THE LARGEST BEING 4,732.
THAT IS AN AVERAGE TOTAL IMPROVEMENT SQUARE FOOTAGE OF 3,893.
AND THE PLANS THAT I HAVE FOR MY SINGLE FAMILY HOUSE ARE FOR 3,760 SQUARE FEET.
SO MY INTENTION IS TO BUILD A HOUSE THAT IS COMMENSURATE WITH THE OTHER PROPERTIES ZONED JUST LIKE MINE IN THE NEIGHBORHOOD.
IF YOU LOOK AT THE SECOND PAGE, I ALSO HAVE SLIDES THAT I BELIEVE THAT YOU'VE ALREADY SEEN.
UM, BUT SLIDES OF PROPERTIES THAT, THAT CLEARLY HAVE SETBACKS MUCH LESS THAN THE 25 FEET SETBACKS MY CORNER LOT HAS ON BOTH SIDES.
THE FIRST, UH, THE FIRST PICTURE IS
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OF A SITE PLAN OF A PROPERTY THAT IS CURRENTLY UNDER CONSTRUCTION.I HAVE VIDEO FOOTAGE AS WELL THAT I PROVIDED GIANNA LAST WEEK THAT HOPEFULLY YOU SAW SO YOU COULD SEE EXACTLY WHERE IT IS IN REFERENCE TO MY HOUSE.
IT'S JUST UP LANDRY, WHICH AGAIN HAS 25 FOOT SETBACKS ON MY PROPERTY.
AND ACCORDING TO THE SITE MAP FOR THIS NEW CONSTRUCTION AT 5,300 RICHARD, IT IS ONLY FIVE FOOT SETBACKS FOR THEM.
THE TWO REMAINING PAGES ARE JUST ADDITIONAL PHOTOGRAPHS OF PROPERTIES WITHIN A FEW BLOCKS OF MY HOUSE OR MY LOT THAT ALSO SEEM TO DEMONSTRATE MUCH LESS OF A, A SETBACK ON THEIR PROPERTIES.
AND THESE ARE ALL CORNER LOTS.
I ALSO JUST RANDOMLY PRINTED OUT FROM THE DALLAS CENTRAL APPRAISAL DISTRICT, THE RESIDENTIAL ACCOUNTS OF THREE OF THE PROPERTIES THAT ARE LISTED IN MY, MY FIRST UH, DOCUMENT, JUST TO PROVE AND DEMONSTRATE THAT THAT INFORMATION DID INDEED COME FROM THE CITY AND THE APPRAISAL DISTRICT.
SO, UM, I GUESS THIS IS A QUESTION FOR STAFF.
ARE THESE HOUSES, ARE THEY ENCUMBERED WITH THE SAME TWO FRONT YARD SETBACKS OR ARE THESE HOUSES THAT ARE NORMAL? UM, AND SO THEY WOULD BE ABLE TO HAVE THAT, UM, SIDE YARD SETBACK THAT IS, UM, LESS THAN THE 25 FEET.
I DIDN'T MEASURE THOSE, UM, HOMES THAT ARE SHOWN.
THE ONLY THING THAT I DID WAS, UH, ASSESS THE BACON LOT 52 53 PERIMETER, BUT I DIDN'T ASSIST.
THOSE WE'RE ECHOING SOMEWHERE.
I DO THINK THAT THE STAFF'S PRESENTED YOU INFORMATION THAT SHOWS THAT WHILE AT THE STAFF REVIEW MEETING WE ASSESS THAT THIS PROPERTY USING YOU CAN DIFFER PERMIT HAVING TWO FIRE YARD SETBACKS.
WHAT WAS MISSING ON THE STAFF CONCLUSION DATE AT THE STAFF REVIEW WAS THE FACT THAT THE APPLICANT HADN'T SUBSTANTIATED THAT EVEN WITH THE UNIQUE FEATURE OF THIS PROPERTY, THE APPLICANT HADN'T PROVEN THAT THAT FEATURE, UNIQUE FEATURE OF TWO FINGER YARDS PRECLUDED IT FROM BEING DEVELOPED IN A MANNER COMMENSURATE WITH OTHER PROP, DEVELOPMENTAL OTHER PROPERTIES IN THE SAME OR SEVEN FIVE.
THIS IS THE PROCESS, HOW THE PROCESS WORKS.
SHE'S ADDING EXTRA INFORMATION FOR YOUR CONSIDERATION THAT MAYBE YOU FEEL WITH THIS EXTRA INFORMATION SHE'S PROVEN HER CASE TO YOU.
HER LIST THAT SHE GAVE YOU THIS AFTERNOON, IS THIS MERELY SHOWING YOU THAT I'M SHOWING YOU COMPARABLES IMPROVEMENT, SQUARE FOOTAGES IN MY ZONING DISTRICT, WHETHER OR NOT THEY HAVE TWO FRONT YARDS OR NOT, I DON'T KNOW IF THAT'S MATERIAL.
SHE'S JUST SAYING I'M REPRESENTING OTHER PROPERTIES IN MY ZONING DISTRICT OR THE AVERAGE IS THIS BIG AND MINE'S THIS BIG.
DID YOU LOOK AT TRYING TO BUILD THE HOUSE THAT YOU, UM, ARE PROPOSING WITHIN THE, WITHIN THE 25 SQUARE FOOT? I, I DON'T THINK WE SAW A PICTURE OF THAT TODAY, SO NO, IT, AND IT WOULD BE 20 SQUARE FEET.
SO IT WOULD ONLY BE 20 FEET OF BUILDABLE LOT RIGHT NOW.
AND I, UH, I'VE NOT BEEN ABLE TO FIND ANYBODY WHO CAN BUILD A HOUSE THAT'S GONNA HAVE WHAT I'M LOOKING FOR, YOU KNOW, ABOUT FOUR BEDROOMS IN OFFICE AND, AND ALL THE, THE FEATURES THAT I WOULD LIKE WITH, WITH JUST 20 FEET WIDE OF A LOT BUILDABLE LOT CAN STAFF, CAN WE PULL UP AN IMAGE OF WHAT THAT WOULD LOOK LIKE ON A SITE PLAN IN TERMS OF THE PLANS THAT SHE'S PRESENTED? IF WE WERE TO, TO REDUCE IT AND ONLY HAVE 20 FEET WIDE, I NEED A VISUAL TO UNDERSTAND WHAT, WHAT SHOULD BE LIMITED TO, UM, IF WE WERE NOT TO ACTUALLY GRANT THIS APPLICATION.
IF I MAY, THERE WAS A QUESTION EARLIER DURING THE BRIEFING.
WHAT WAS THE, THE, THE STRUCTURE THERE PRIOR TO MY REQUEST TODAY? IT'S BEEN A VACANT LOT FOR YEARS.
I DID SEE THAT IN 2004 ON THE MLS THERE WAS A DUPLEX THERE.
IT IS NOT ZONED FOR DUPLEX ANYMORE, IT'S ONLY RESIDENTIAL SINGLE FAMILY 7,500.
BUT I THINK THAT THAT MAY HAVE BEEN THE LAST TIME THERE WAS A STRUCTURE THERE WHILE THEY PULL THIS UP.
UM, HAVE YOU SPOKEN WITH KELLY MOYER WHO LIVES ON AT 52 51 BONITA? I HAVE NOT.
THEY WROTE A LETTER TO OPPOSITION IN OUR, IT LOOKS TO ME LIKE THEY'RE UNDER THE IMPRESSION THAT YOU'RE REQUESTING A FRONT YARD SETBACK REDUCTION ALONG.
UM, I WOULD RE I THINK IT WOULD BE HELPFUL TO SPEAK WITH THEM AND EXPLAIN WHAT YOUR ACTUAL REQUEST IS.
I THINK THAT WOULD, THAT WOULD HELP YOU.
THEY'RE AT 52 51 NEXT DOOR I BELIEVE.
[00:30:05]
AND THEN JUST IN ADDITION TO THAT, IF UM, WITH THAT CONVERSATION HAVE SOMETHING IN WRITING SO THAT, YOU KNOW, CUZ THAT JUST HELPS US WITH, UM, WITH MOVING FORWARD THAT THIS NEIGHBOR AT 52 51 BONITA UNDERSTANDS WHAT THE, WHAT THE REQUEST IS.AND THAT IS NOT JUST AN EXCHANGE AWARDS, BUT IF THERE'S A DOCUMENT OR SOMETHING THAT SHOWS THEIR SUPPORT OR THEIR SENTIMENT IN UNDERSTANDING WHAT, UM, CHANGE REQUEST IS, THAT WOULD DEFINITELY BE HELPFUL FOR THE BOARD.
AND THEN JUST ANOTHER QUESTION ON THIS EXHIBIT THAT WAS HANDED OVER TO US, UM, PAGES LABELED SETBACKS, ADDITIONAL INFORMATION FOR THE BOARD.
I SEE THAT THERE'S PHOTOGRAPHS THAT ARE SHOWING, BUT HOW WERE THESE MEASUREMENTS TAKEN TO MAKE THAT COMPARISON THAT THESE SETBACKS ARE, UM, COMPARABLE TO THE, TO THE CASE SITE THAT WE'RE LOOKING AT NOW? THE ONLY THING, THE ONLY ONE THAT I HAVE IN WRITING IS 5,300 RICHARD, BECAUSE THE GENERAL CONTRACTOR PERMITTED ME TO TAKE PHOTOGRAPHS OF HIS SITE PLAN WHERE IT WAS CLEARLY STATED ON THERE THAT IT'S A FIVE FOOT SETBACK ON LAIE.
THE OTHERS JUST DOING IT, YOU KNOW, WALKING, I I I COULDN'T GET ON OTHER PEOPLE'S PROPERTIES AND WITH A TAPE MEASURE, I DIDN'T FEEL COMFORTABLE DOING THAT.
SO I WAS JUST GOING OFF OF WHAT LOOKED TO BE OBVIOUSLY LESS THAN 25 FEET SETBACKS CLOSER TO THE, THE 10 AND THE 15.
OKAY, BUT YOU'RE SAYING THE 54 OR THREE RICHARD THAT, THAT YOU WERE, YOU WERE GIVEN DIMENSIONS BY THE CONTRACTOR AND THAT'S, UH, WHAT WAS THE SETBACK FOR THAT? FIVE FIVE? IT'S, AND THAT'S 5,300 RICHARD AVENUE 53 AND IT'S JUST UP LANDRY.
IT'S A, IT, THE, THE CORNER IS LANDRY AND RICHARD AND I DO HAVE VIDEO.
I DON'T KNOW IF YOU WERE ABLE TO SEE THAT.
I SHOWED, I GOT VIDEO FROM GIANNA LAST WEEK, I'M SORRY, I GOT IT TO GIANNA LAST WEEK SO THAT YOU COULD SEE THE PROXIMITY TO MY HOUSE AND YOU COULD SEE FOR YOURSELF WHERE THE CONSTRUCTION HAS STARTED.
UM, YOU PROBABLY ALREADY KNOW THIS, BUT THE PREVIOUS OWNER OF YOUR PROPERTY, UH, CAME TO THIS BOARD, UM, TO, UH, PETITION US FOR THE EXACT SAME VARIANCE IN 2022.
UM, SO I'M JUST CURIOUS, UM, GIVEN THAT WE'VE, WE'VE ALREADY RULED IN A PARTICULAR MANNER, WHY, WHY SHOULD WE RULED DIFFERENTLY FOR, FOR YOUR, WHAT YOU'RE PROPOSING TO DO AT THE SITE? I, I CAME TO LEARN THAT WHEN I RECEIVED THE INFORMATION FROM MARY ABOUT MY CASE.
SO I DID NOT KNOW THAT PRIOR TO APPLYING FOR THE VARIANCE.
IT'S A, IT'S A VACANT LOT AND IT LOOKS LIKE IT'S GONNA SIT THERE AS A VACANT LOT FOR A WHILE.
IF, UH, IF, IF IT'S NOT, AND I JUST BE, BECAUSE THERE'S SO MANY PROPERTIES THAT ARE WITHIN THE NEIGHBORHOOD THAT HAVE THE, THE SIMILAR AESTHETICS TO THE, TO THE SHORTER SETBACKS, I WOULD, I WOULD JUST HOPE THAT PERHAPS YOU WOULD CONSIDER RECONSIDER, UM, WITH THE NEW CONSTRUCTION THAT'S GOING ON AS WELL AS THE HOUSES THAT I'VE DEMONSTRATED HAVE CLEARLY HAVE THE SAME, UM, SETBACKS.
I DON'T KNOW THAT I'LL BE ABLE TO BUILD ON THIS LOT.
UM, SO I KNOW THE TERM FINANCIAL HARDSHIP IS, IS USED QUITE OFTEN.
IT WOULD DEFINITELY BE THAT FOR ME IF I'M NOT ABLE TO, TO, TO BUILD THIS, THIS HOUSE.
UM, SO I JUST ASK THAT I, I DON'T KNOW WHAT THE REASONING WAS FOR, FOR, FOR THE DENIAL LAST TIME CHAIR GABO, IF I REMEMBER CORRECTLY, WE, WHEN WE THE APPLICANT FAILED TO SHOW UP IS THE REASON WHY THAT WAS DENIED? THAT'S CORRECT.
SO, UM, YEP, THAT MAY ANSWER AND THAT CAME UP FRONT, THIS PANEL? YES.
UM, WELL I, UM, YOU KNOW, IN ORDER TO GRANT A VARIANCE, IT HAS TO BE NOT CONTRARY TO PUBLIC INTEREST.
UM, IT NEEDS TO, YOUR LAND NEEDS A RESTRICTIVE AREA SHAPE OR SLOPE AND IT CAN'T BE GRANTED TO RELIEVE OR SELF-CREATED OR PERSONAL HARDSHIP.
UM, I THINK BECAUSE YOU HAVE TWO FRONT YARD SETBACKS AND YOU'VE SHOWN THAT YOU ARE BUILDING SOMETHING COMMENSURATE WITH THE OTHER DEVELOPMENT WITH THE OTHER HOMES THERE FOR MEETING PART B.
UNFORTUNATELY FOR ME, THERE IS A LETTER OF OPPOSITION FROM YOUR NEXT DOOR NEIGHBOR.
AND WHILE I THINK SHE MISUNDERSTANDS, UM, WHAT IS BEING REQUESTED, UM, I CAN'T IN GOOD CONSCIENCE FOR ME SAY THAT IT'S NOT CONTRARY TO PUBLIC INTEREST.
UM, AND SO I THINK THERE NEEDS TO BE A LITTLE BIT OF EXTRA WORK DONE WITH YOUR NEIGHBORS TO, UM, MAKE SURE THAT THEY UNDERSTAND WHAT IS HAPPENING.
UM, IN ORDER FOR, BECAUSE WE CAN'T EX, IN ORDER TO APPROVE A VARIANCE, WE HAVE TO BE ABLE TO CHECK EVERY ONE OF THOSE BOXES.
IT'S NOT, OR IT'S, AND, AND, AND, AND SO WE NEED TO BE ABLE TO CHECK ALL OF THOSE.
AND RIGHT NOW, UM, THAT LETTER IS A LITTLE BIT OF A CONCERN FOR ME.
AND YOU'RE REFERRING TO 52 51.
YES, BUT I WOULD RECOMMEND THAT YOU TALK TO EVERYBODY THAT'S IN THE, UM, IN THE NOTIFICATION AREA IN THE 200 FEET.
[00:35:01]
TO REACH OUT TO EVERY SINGLE PERSON IN THAT AREA AND YOU'RE 200 FEET, WHICH IS HOWEVER MANY HOUSES.ARE, UM, SORRY, ARE THERE ANY OTHER QUESTIONS FOR THIS APPLICANT? DO WE HAVE ANY, IS SHE HERE TO SPEAK ON OPPOSITION OR WE'RE JUST USING THE LETTER AS UNABLE TO SECOND THE LETTER.
UM, ARE THERE ANY, ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NO OTHER SPEAKERS REGISTER.
GAMBLE, I, I GUESS CAN SPEAK TO THAT.
I MEAN, I UNDERSTAND THE, YOUR CONCERN, BUT I FEEL TO, AGAIN, IT'S THEIR CONCERN IS NOT THE ACTUAL CASE STUDIES BEFORE US RIGHT NOW.
LIKE CAUSE IT, WE'RE NOT ASKING FOR A FRONT YARD TROOP UP FRONT YARD, STEP BACK ALONG.
SO, AND ALSO ONE COULD LOOK AT IT AND SAY THAT NOT DEVELOPING THIS LAND IS CONTRARY TO PUBLIC INTEREST BECAUSE THE LONGER THIS SITS VACANT, THE MORE CRIMINAL ACTIVITY ATTRACTS AND TRULY THIS APPLICANT, IF SHE CANNOT BUILD, SHE WILL ONLY HAVE A BOWLING ALLEY THAT LOOKS LIKE THIS.
AND IT, IT HONESTLY SEEMS THAT IT POTENTIALLY WOULD NEVER BE DEVELOPED.
LET'S, UM, WELL LET'S GET A MOTION BEFORE WE START DISCUSSION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 26 ON APPLICATION OF SHANNON LOMBARDI GRANT THE 15 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE COMPLIANCE IS SUBMITTED SITE, UH, SUBMITTED REVISED SITE PLAN IS REQUIRED.
AYE, JOE CANNON SECOND THAT MOTION.
ANY DISCUSSION? THE REASON WHY I MOVED TO GRANT THIS, UM, RATHER THAN HOLD IT OVER IS BECAUSE I TRULY BELIEVE THAT THIS PROPERTY, BECAUSE IT HAS TWO FRONT YARD SETBACKS AND THE SETBACK IS, IS A 25 FOOT SETBACK, UM, IS ONE THAT YOU REALLY COULDN'T DEVELOP THE PROPERTY WITHOUT THIS APPLICATION.
I DO FEEL THAT NOT DEVELOPING THIS PROPERTY IS CONTRARY TO PUBLIC INTEREST AND COULD IMPACT THE NEIGHBORHOOD GREATER THAN IF WE APPROVE IT.
SO, UM, I, FOR THAT REASON, THOSE TWO REASONS ARE THE REASONS WHY I WENT AHEAD AND APPROVED IT.
AND THEN MY DISCUSSION POINTS ON HERE, AND THIS IS GONNA BE BASED ON THE LETTER OF OPPOSITION.
UM, I MEAN, OF COURSE IN ALL GOOD CONSCIOUS WE SHOULD BE COMMUNICATING WITH OUR NEIGHBORS AND IT LOOKS LIKE THIS.
I'M JUST REALLY GONNA GO BY EACH POINT HERE THAT A, THAT THERE WAS A MISUNDERSTANDING AS TO WHAT THE, UM, THE SETBACK WOULD BE FOR, UM, DEVELOPING ON THIS PROPERTY.
MS. LAMP'S POINT OF EVERY PROPERTY BEING DEVELOPED WOULD BE BENEFICIAL TO THE COMMUNITY INTEREST AND NOT HARMFUL.
UM, AND THEN THIS GOES TO 0.2 ON THIS, UH, LETTER OF OPPOSITION ABOUT PROPERTY VALUE.
UM, IN ADDITIONAL PROPERTY, WHICH THIS WOULD BE NEW CONSTRUCTION WOULD, I WOULD SEE ADD TO THE VALUE OF THE NEIGHBORHOOD, THUS THE NEIGHBOR'S.
UM, PROPERTY SAFETY AND AESTHETIC, AGAIN, THAT'S GOING TO JUST THE CHARACTER OF THE NEIGHBORHOOD BY HAVING, UH, THIS PROPERTY DEVELOPED THAT WOULD ADD TO THE CHARACTER, AESTHETIC AND SAFETY OF THIS NEIGHBORHOOD.
SO THAT'S WHY I VOTED IN FAVOR AND I DO NOT LIKE TO HOLD CASES OVER.
UM, BUT I THINK WE'VE HEARD TWO CASES TODAY.
I'M JUST THAT PART, PART OF THE JOB OF THE APPLICANT IS TO BRING THAT BURDEN OF PROOF.
AND IF THEY CANNOT GO AND TALK TO THEIR NEIGHBORS WITHIN THE 200 FEET ZONING AREA AND ALERT THEM AS TO WHAT IS HAPPENING, AND I UNDERSTAND THAT THEY GET THE BLUE SHEET, WHICH THEY GET ABOUT SEVEN DAYS BEFORE THE HEARING.
UM, LET'S FACE IT, WE'RE ALL BUSY.
I THINK IF YOU CAN'T TAKE THE TIME AS AN APPLICANT TO GO AND TALK TO YOUR NEIGHBORS ABOUT WHAT YOU'RE DOING, UM, YOU HAVE NOT DONE YOUR BURDEN.
YOU HAVE NOT PRESENTED YOUR BURDEN OF PROOF.
AND SO I JUST STRUGGLE EVERY TIME WE HEAR A CASE WHERE WE DON'T HEAR FROM THE NEIGHBORS, I MIGHT THINK THAT THEY SHOULD ACTIVELY GO OUT AND PURSUE THAT.
SO, BUT THAT'S JUST MY OPINION ON IT.
SO I AGREE CHAIR GRAHAM, BUT I BELIEVE THERE IS ALSO A LETTER OF SUPPORT.
AND SO I, TO ME, I FEEL THAT AS THE LAST TIME THERE WILL BE PEOPLE WHO WILL BE AGAINST DEVELOPMENT NO MATTER WHAT.
AND AND I AGREE WITH ALL OF THE POINTS THAT, UH, MS. LAND I DO TOO.
I MEAN, I'M, I'VE JUST, I REALLY STRUGGLE THOUGH WHEN WE, WITH ONE OF THE PIECES BEING IT'S NOT CONTRARY TO PUB PUBLIC INTEREST.
I THINK IT IS BEHOLDEN UPON THE APPLICANT WHO HELP US SEE THAT ALL THE NEIGHBORS HAVE ACTUALLY SEEN AND UNDERSTAND WHAT IS HAPPENING ON THEIR PROPERTY.
UH, IF, IF WE WERE TO GIVE HER TIME TO GO TALK TO THE NEIGHBORHOOD, IT DOESN'T CHANGE THE FACT THAT THIS IS A UNIQUE PROPERTY WITH TWO FRONT YARD SETBACKS AND THE ONLY WAY TO DEVELOP THIS PROPERTY IS WITH THIS.
IT'S NOT A LUXURY THAT SHE'S COMING TO US FOR A NECESSITY.
SHE ONLY WAY TO DEVELOP THIS PROPERTY IS WITH THIS, WITH THIS REQUEST.
[00:40:01]
OVER, UM, WE'LL CHANGE THE FACT THAT SHE CAN'T, CAN OR CANNOT DEVELOP THE PROPERTY.ARE WE READY FOR A VOTE? MR. FEENEY? AYE.
MS. LAMB? AYE MADAM CHAIR NAY VOTE FOUR FOUR TO ONE.
THE MOTION WAS GRANTED AND YOU'LL BE GETTING A DECISION LETTER FROM STAFF WITHIN THE NEXT THREE OR FOUR DAYS.
UM, ALRIGHT, MOVING ON TO THE NEXT CASE.
UM, THE SITE IS AT TWO TWO BECKLEY MEAD AVENUE.
IF THE APPLICANT WITH SUPPORT, PLEASE, ARE YOU ABLE TO PUT MY SLIDES UP? ARE YOU ABLE TO PUT MY SLIDES UP? I'M SORRY.
THANK YOU, MADAM CHAIRMAN, MEMBERS OF THE COMMISSION, HANG ON.
WE NEED TO SQUARE YOU IN AND, UM, THEN YOU'LL STATE YOUR NAME AND ADDRESS FOR THE RECORD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH OF YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MADAM CHAIR, MEMBERS OF THE BOARD.
MY ADDRESS IS 1620 HANDLEY DRIVE IN DALLAS.
UNDERSTANDING WE HAVE AT LEAST TWO, UH, DIFFERENT BOARD MEMBERS THAT WERE HERE THE LAST TIME WE WERE HERE, WHICH WAS, UH, ON JANUARY THE 18TH OF THIS YEAR.
AND ALSO, UH, RESPECTFUL OF THE, UH, UH, BRIEFING.
UH, AND, AND, UH, WE'RE WE'RE AT ADDING ONE THING NEW FROM OUR LAST HEARING, WHICH IS WHAT'S BEING, UH, SUPPLIED TO YOU NOW.
AND, UH, WE'LL GO THROUGH THE, THROUGH THE, UH, SLIDES REAL QUICK.
AND CAN I GO TO THE SECOND SLIDE PLEASE? I'M NOT SURE HOW TO, I CAN'T MOVE 'EM FROM HERE.
UM, THIS, THIS IS OUR WHOLE, UH, UH, OUR REQUEST WAS THE, UH, THERE IS A BUILDING BUILT OUT THERE THAT WAS BUILT SEVEN FEET BEHIND, UH, OFF OF THE SIDE YARD, UH, PROPERTY LINE.
UH, THE CHURCH WHO I REPRESENT WISHES TO PETER KAVANAUGH, 1620 HANLEY DRIVE DALLAS, REPRESENTING DEEPER LIFE BIBLE CHURCH, WHICH IS THE CHURCH THAT NOW OWNS THIS PROPERTY.
THEY WISH TO USE THE STRUCTURE AND THEY REQUIRED THE STRUCTURE AND ITS CURRENT LOCATION ON THE LOT.
THIS IS THE BUILDING AND UH, IF YOU DROVE BY THERE AND SOMEONE TOLD YOU THAT WAS A CHURCH, YOU WOULD PROBABLY BELIEVE IT IF YOU SAW THAT BUILDING AND THEY TOLD YOU IT WAS A HOME, YOU WOULD ALSO BELIEVE THAT AND I CERTAINLY WOULD.
THIS IS THE EAST SIDE OF THE BUILDING AND THIS BUILDING FACES I 35 WE'RE AT THE, BASICALLY THE INTERSECTION OF BECKLEY MEAD, WHICH IS AN EAST, WEST STREET, UH, THAT'S JUST SOUTH OF I 20.
AND OUR, OUR EASTERN NEIGHBOR IS I 35.
AND IF YOU SEE THE LITTLE BLACK, UH, UH, UH, HORIZONTAL, UH, SPACE, KIND OF IN THE MIDDLE OF THE BUILDING NEAR THE TOP, THAT WAS A VIDEO BOARD, BELIEVE IT OR NOT, THAT WAS ERECTED ON THIS BUILDING BY THE ORIGINAL BUILDER.
THE ORIGINAL BUILDER'S GRAND PLAN WAS TO MAKE THIS SOME KIND OF AN EVENT SPACE WHERE YOU'D HAVE WEDDINGS AND THINGS LIKE THAT.
THIS IS AN AERIAL OF THE PROPERTY, OUR HOUSE OR BUILDING.
I'M GETTING A DOUBLE, I'LL STAND BACK.
UH, ON, ON THE RIGHT THERE WITH KIND OF A RED ROOF, GROUND ROOF IS OUR STRUCTURE, OUR ORIGINAL BUILDER ALS, IF IT'S THE SEAL, SORRY, THE, OUR BUILDING IS THE BUILDING THERE ON THE RIGHT, SO TO SPEAK, WITH A REDDISH BROWNISH ROOF.
THE ORIGINAL BUILDER ALSO OWNED THE LOT IMMEDIATELY WEST AND CONSTRUCTED A GIANT PARKING LOT PAVED THE ENTIRE THING,
[00:45:01]
ABSOLUTELY ILLEGALLY.AND IF YOU LOOK IN YOUR STAFF REPORT, YOU'LL SEE THAT THE PHOTO IN THERE OF THE AERIAL DOES NOT INCLUDE THE HOUSE THAT HAS SINCE BEEN BUILT THERE.
WHAT OCCURRED WAS WHEN THE BANKS GOT ALL THIS PROPERTY BACK, A A, A FAMILY CAME AND BOUGHT THAT PARKING LOT, CUT A HOLE OUT AND BUILT A HOUSE THERE.
AND THEY LIVE THERE TODAY AND I WOULD JUST LOVE TO HANG A THERMOMETER ON THEIR HOUSE IN THE MIDDLE OF THE SUMMER AND SEE HOW HOT THAT GETS BASED OFF OF THAT CONCRETE.
BUT THAT'S OUR NEIGHBOR THAT, THAT DEALS WITH US ALL THE TIME AND THEY ABSOLUTELY DON'T HAVE ANYTHING FROM 'EM.
THEY ABSOLUTELY TIME WE'RE DOING CUZ THEY'RE LOOKING FORWARD TO A NEW NEIGHBOR.
THIS IS OUR, BASICALLY OUR PROPERTY ON THE SOUTH SIDE OR THE BOTTOM, IF YOU WILL, IS OUR PROBLEM.
THE BUILDING WAS BUILT SEVEN FEET FROM THE PROPERTY LINE.
WE'RE NOW STANDING IN FRONT OF THE BUILDING AND LOOKING, KIND OF LOOKING SOUTH AND THERE'S A LITTLE SHADED AREA ALONG THE BACK THAT'S OUR VIOLATION.
IT'S A THREE FOOT VIOLATION THAT IF THIS WERE A HOUSE WOULD NOT BE A PROBLEM AS A CHURCH.
WE'RE REQUIRED TO SET BACK 10 FEET AND WE ONLY SET BACK SEVEN.
WE CAME TO YOU BASICALLY PLEADING WITH YOU TO, TO GIVE US A THREE FOOT VARIANCE TO THAT SIDE YARD SO THAT THIS CHURCH THAT BOUGHT THIS CHURCH BUILDING THINKING IT WAS A CHURCH, THEY WERE CERTAINLY REP, IT WAS REPRESENTED AS A CHURCH.
AND YOU ASKED US TO GO BACK AND GET THE COST TO ACTUALLY MAKE THIS BUILDING.
OKAY? THAT IS TO REMOVE THE BACK WALL, CUT INTO THE SLAB, DO ALL THE DIFFERENT THINGS YOU DO, RE REVISE THE ROOF AND DO THE THINGS YOU NEED TO DO TO MAKE THIS A SETBACK OF, UH, 10 FEET.
AND YOU HAVE THAT BEFORE YOU NEXT SLIDE.
THERE'S THE FRONT OF THE BUILDING AGAIN.
UM, AND YOU'RE, YOU CAN SEE THE LITTLE RAMP OR THE LITTLE HILL ON THE LEFT.
UH, THE, THE, THE NEW THING THAT OCCURRED SINCE OUR LAST HEARING WAS ABOUT A WEEK AGO, OUR ARCHITECT WAS WORKING WITH THE CITY TO DO SOME BUTTON UP BUILDING PERMIT STUFF ON THE BUILDING.
WORKED WITH THE LANDSCAPE FOLKS AND THE LANDSCAPE FOLKS SAID, WAIT A MINUTE, YOU ALSO HAVE A REQUIREMENT FOR A 10 FOOT BUFFER YARD IN THAT SAME SOUTH SIDE THAT WE'RE ASKING FOR A VARIANCE.
SO WE HAD HUMBLY ASKED YOU TO ALLOW US RE ADVERTISE THIS REQUEST TO INCLUDE A SPECIAL EXCEPTION FOR THAT BUFFER YARD THAT'S IN THAT SEVEN FOOT SETBACK BACK THERE.
SO WE'VE GOT TWO PROBLEMS ON THE SOUTH SIDE, UH, A YARD THAT'S ONLY SEVEN FEET THAT NEEDS TO BE 10, AND A BUFFER YARD REQUIREMENT OF 10 FEET THAT WE WANNA REDUCE TO SEVEN SO THAT WE CAN USE THIS PROPERTY.
UH, WE'VE MET WITH THE LANDSCAPE OF POLKS.
WE'RE NOT GONNA SAY ANYTHING OTHER THAN WE'RE PRETTY SURE THEY'RE KIND OF OKAY WITH IT, BUT I DON'T WANNA SPEAK TO THEM AND THEY'RE NOT HERE.
UM, AGAIN, OUR NEIGHBORHOOD, UH, OUR NEIGHBOR WHERE WE ON TIME? I'M SORRY? WHERE ARE WE ON TIME? OH, THE TIME.
I DON'T THINK I HEARD YOU THE FIRST TIME.
UM, WOULD WE, WOULD WE LIKE TO MOTION TO CONTINUE TO HEAR HIM FINISH HIS PRESENTATION? UM, YES, BUT I THINK WE HAVE TO UNDERSTAND HOW MUCH TIME HE'S GONE OVER.
RIGHT? DID YOU, AND DID YOU STOP IT WHEN WE WERE DEALING WITH THE MICROPHONE ISSUE? UH, I DID NOT.
SO, I MEAN, I'LL MAKE A MOTION TO GIVE 30 MORE SECONDS, BUT WHAT TIME DOES THAT GIVE US FOR FUTURE SPEAKERS? BARRY, WHERE ARE WE ON THE TIME? HE STARTED AT 1 43.
OKAY, SO HE'S DOUBLED THIS TIME.
CAN YOU SUM IT UP IN ABOUT 10 SECONDS? OUR NEIGHBOR WELCOMES THE CHURCH.
THE PROPERTY IS ALREADY A BURDEN ON THE CITY.
WE DON'T HAVE TO WORRY ABOUT IT BEING VANDALIZED.
THAT'S BECAUSE THAT'S ALREADY OCCURRED.
WE WANT TO USE THIS BUILDING AND THIS IS CHURCH IS A WONDERFUL GROUP OF PEOPLE THAT LOOKS FORWARD TO USING THE BUILDING.
I'LL STOP HERE AND THANK YOU FOR IN OUR REQUEST TO EXTEND THIS UNTIL APRIL.
AND YOU WOULD LIKE TO PUT THESE TWO THINGS TOGETHER AND JUST EXTEND UNTIL APRIL.
YOU DO NOT WANNA HAVE A VOTE ON THIS TODAY? CORRECT.
ARE THERE ANY OTHER SPEAKERS ON THIS, UM, ON THIS CASE HAS THE APPLICANT SPEAKERS READ THE APP STUDENT'S LETTER REQUESTING THE LANDSCAPE SPECIAL SYSTEM BEEN TENDERED TO YOU? YES.
IS THERE ANYONE ELSE THAT WOULD LIKE TO SPEAK ON THIS CASE? NO OTHER SPEAKERS.
I HAVE SOME QUESTIONS FOR THE, FOR THE STAFF, BUT I KNOW WE'VE COVERED THIS IN BRIEFING, BUT JUST WANNA MAKE SURE I APPRECIATE THIS.
IF WE HAVE FOUR DIFFERENT OPTIONS HERE.
UM, THE LAST ONE THAT WAS ADDED WAS WE HOLD THIS MATTER UNDER ADVISEMENT WITH INSTRUCTION TO ADD A SPECIAL EXCEPTION FOR LANDSCAPE REGULATIONS.
IS IT POSSIBLE FOR THE APPLICANT TO FILE THAT APPLICATION AND TO HEAR IT, UH, HAVE IT BE APPROVED AND GO THROUGH THE APPROPRIATE CHANNELS WITH THE CITY BEFORE
[00:50:01]
APRIL 19TH? YES, IT'S VERY POSSIBLE IT GIVES THEM MORE THAN ENOUGH TIME, UM, TO REIFY AND ATTEND AN S R T MEETING FOR THE LANDSCAPE SPECIAL PROTECTION.AND THEN, UH, WHEN WAS THE FIRST TIME WE HEARD THIS CASE? WAS IT JANUARY.
AND THEN IF WE WERE TO ONLY HOLD THIS PARTICULAR MATTER UNDER ADVISEMENT AND THEY HAD TO FILE A SECOND APPLICATION SEPARATE WITHIN LANDSCAPE REGULATIONS, WHAT KIND OF TIMEFRAME WOULD THAT ADD ON TO THE ENTIRE PROCESS FOR THEM? IT'LL, IT'LL PROBABLY BE THE SAME AROUND THE, AROUND OR ABOUT THE SAME.
WOULDN'T THAT TRIGGER, WOULDN'T THAT BE AN ADDITIONAL PROCESS? CAUSE THEN THEY'D HAVE TO GO THROUGH REVIEW AND THEN THEY'D HAVE TO WAIT SEVERAL MONTHS TO GET IN, IN THE QUEUE TO HEAR, TO BE ASSIGNED TO A PANEL OR AROUND OR ABOUT, OKAY.
HELLO MARK, WHOM WOULD BE ABLE TO SAY IF SOMEONE WALKS IN TODAY TO FILE A LANDSCAPE SPECIAL EXCEPTION REQUEST, WHEN WOULD WE BE SCHEDULING THAT? A NEW CASE? YEAH, JUNE.
SO THE DIFFERENCE BETWEEN APRIL OR JUNE.
ARE THERE ANY OTHER QUESTIONS FOR STAFF OR THE SPEAKER? SO JUST TO CLARIFY FOR ALL OF US HERE ON THE PANEL, SO IF WE WERE TO HOLD THIS OVER THEN THIS NEW PACKAGE OF BOTH THE EXISTING CASE THAT WE'RE HERE NOW IN THE LANDSCAPING ADDITIONAL PART, YOU'RE SAYING THAT THE EARLIEST WE COULD POSSIBLY HEAR THOSE TOGETHER WOULD BE JUNE OR GOT IT.
ONE WOULD BE APRIL 19TH, THE OTHER WOULD BE JUNE, THE LANDSCAPING WOULD BE JUNE.
BUT IF WE BUNDLE ON, WE HEAR BOTH IN APRIL.
NOW QUESTION IF WE, UM, IF WE DECIDE ON OR HOLD OVER, UM, JUST THIS PARTICULAR APPLICATION TODAY, THEN WHEN THEY FILE THE LANDSCAPE, UM, SEPARATELY, WOULD THAT COME UP FOR THIS PANEL OR WOULD WE OKAY.
OR WOULD IT GO POTENTIALLY BE ASSIGNED TO A DIFFERENT PANEL? WE WOULD TO ADD A LANDSCAPE SPEC SPECIAL EXCEPTION TO TODAY THAT THIS CASE, UM, NUMBER FOUR, IT WOULD BE BUNDLED TOGETHER ON CASE NUMBER FOUR THAT WOULD COME TO YOU IN APRIL 19TH.
BUT IF, IF THEY WERE, IF WE WEREN'T TO BUNDLE THEM AND IT WAS FILED SEPARATELY, WOULD THE LANDSCAPE APPLICATION COME OVER ON THIS PANEL OR THAT? IS THAT TO BE DETERMINED AND MAYBE GO FRONT ANOTHER PANEL? IT WOULD BE RANDOM BECAUSE IT'S TECHNICALLY A DIFFERENT CASE RIGHT.
DOES A PROPERTY THEN STICK WITH THIS PANEL, WHATEVER HAPPENS HERE OR IS THAT IT COULD GO TO A PANEL A OR PANEL C, BUT TECHNICALLY A WHOLE NEW APPLICATION.
RIGHT, BECAUSE THAT SHOULD WEIGH INTO WHAT WE DECIDE BECAUSE WE ALREADY HAVE HISTORY WITH THIS CASE, WITH THIS PANEL.
BECAUSE TECHNICALLY WE HAVEN'T HEARD THE CASE.
SO IT WOULD BE A NEW CASE, A NEW APPLICATION? IT COULD, I BELIEVE IT COULD, IT'LL JUST BE ASSIGNED TO A RANDOM PANEL BECAUSE IT'S NOT THE SAME SUBJECT MATTER.
SO I, I THINK, AND I KNOW WE'RE NOT MAKING MOTION YET, BUT FOR SIMP SIMPLICITY'S SAKE TO MAKE SURE THAT THE HISTORY OF THIS CASE, THE PROPERTY STAYS WITH A PARTICULAR PANEL BUNDLING MAY BE THE MOST EFFICIENT.
BUT I'M NOT MAKING THE MOTION YET.
I THINK, I MEAN, IF WE HAVE ANY, DO WE HAVE ANY OTHER QUESTIONS FOR STAFF OR THE APPLICANT AND THERE IS NO OTHER SPEAKERS IN OPPOSITION OR, OKAY.
WELL, DO WE HAVE A MOTION ON THIS CASE? MS. ZOOM? UM, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 23 DASH ZERO FOUR HOLD THIS MATTER UNDER ADVISEMENT UNTIL APRIL 19TH, 2023 AND DIRECT STAFF TO RE ADVERTISE THE CASE TO INCLUDE A SPECIAL EXCEPTION TO THE LANDSCAPE REGULATIONS.
MICHAEL KOVSKI ANY DISCUSSION? I THE RE I MEAN I THINK THAT THIS IS THE MOST EFFICIENT IN TERMS OF YOUR TIME AND, AND WITH THIS, YOU KNOW, YOU'VE BEEN IN FRONT OF THIS BOARD SINCE JANUARY AND I AM NOT COMFORTABLE WITH THE FACT THAT IF WE HAVE TO APPLY, YOU HAVE TO, WE ONLY HOLD OVER THIS PARTICULAR APPLICATION, BUT THEN YOU HAVE TO FILE A SEPARATE APPLICATION FOR THE LANDSCAPE THAT IT, HOW IT WOULD BE HANDLED WITH A DIFFERENT PANEL KNOWING THAT THE HISTORY OF YOUR CASE HAS BEEN HERE SINCE JANUARY.
SO THAT'S WHY I OPTED TO HOLD IT OVER AND TO BUNDLE THEM
[00:55:01]
TOGETHER.UM, I JUST WANT TO ADD TO THAT THE, UM, FIRST OF ALL, WE APPRECIATE THE APPLICANT FOR PROVIDING THE INFORMATION THAT THE BOARD REQUESTED FROM Y'ALL IN JANUARY, UM, WITH THE ENGINEER'S REPORT.
UM, WE DO UNDERSTAND THAT YOU ALL ARE DOING YOUR DUE DILIGENCE AND THAT THIS LANDSCAPING MATTER, UM, IS, IS YOUR EFFORT AS FAR AS TO MAKE SURE THAT YOUR PROPERTY IS IN GOOD STANDING WITH THE CITY OF DALLAS.
SO, UM, HENCE MY MOTION OR TO, UM, GRAB THIS HOLDOVER TILL APRIL.
MS. LAMB? AYE MADAME CHAIR MOTION PASSES FIVE ZERO AND I WOULD LIKE TO ADD SOMETHING AS A MATTER OF RECORD OF DEVELOPMENT, THERE ARE DEVELOPMENT SERVICES, TIME CONSTRAINTS THAT ARE GONNA BE ASSOCIATED WITH YOU ADDING THIS LANDSCAPE SPECIAL EXCEPTION FOR US TO PROPERLY, UH, VET THIS THROUGH THE RE ADVERTISEMENT PROCESS.
WE WOULD NEED ALL OF THIS INFORMATION FOR YOUR LANDSCAPE EXCEPTION.
AND OUR FINAL CASE FOR TODAY IS BDA 2 23 11 AT THOUSAND 2027 GAYWOOD ROAD.
UM, CAN THE APPLICANT PLEASE STEP FORWARD FOR THIS CASE AND WE WILL SWEAR YOU IN AND THEN YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD? DO WE, ARE THERE OTHER SPEAKERS ON THIS CASE? YES, WE HAVE, UH, UM, WE HAVE OPPOSITION AND AS MUCH IN FAVOR.
UM, WE ALSO HAVE SPEAKERS ONLINE.
UM, IF WE COULD HAVE ALL SPEAKERS THAT WILL BE SPEAKING ON THIS CASE, PLEASE.
STAN, WE'LL SWEAR YOU IN TOGETHER.
DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
SHOULD I GO AHEAD AND START? ARE THERE, DO WE WANT, ARE THERE ANY SPEAKERS ONLINE? I'M JUST TRYING, I'M I'M TRYING TO DECIDE IF WE NEED TO LIMIT TIME TO TWO MINUTES EACH JUST SO THAT WE ARE, UM, BEING KIND TO EVERYBODY'S TIME, BUT I THINK LOOKS LIKE WE'RE OKAY IF THERE'S NO ONE ON TIME ONLINE.
SO HOW MANY SPEAKERS DO WE HAVE ALL TOGETHER,
SPEAKER, WE, I'M GOING TO AMEND THE RULES AND GIVE EVERYBODY TWO MINUTES TO SPEAK.
UM, IF WE NEED TO ADJUST THAT AS WE GO THROUGH, WE WILL.
UM, BUT I WANNA BE RESPECTFUL OF EVERYONE'S TIME AND WE, UM, SO THERE WE GO.
UH, WE DO NOT NEED TO MAKE A MOTION.
I'M JUST SUSPENDING THE RULES PER OUR LETTER.
PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU HAVE TWO MINUTES TO SPEAK.
MADAM VICE CHAIR, MEMBERS OF THE BOARD AND STAFF.
UM, I REPRESENT THE APPLICANT.
UM, SO AT THE END OF THE LAST HEARING, WE WENT BACK TO TALK TO OUR NEIGHBORS.
UM, THERE IS AN INVOLUNTARY NEIGHBORHOOD ASSOCIATION IN WHICH THERE ARE APPROXIMATELY 130 ADDRESSES.
UM, I, I'M TALKING OUTSIDE OF THE NOTICE, THE NINE THAT WERE NOTICED.
UM, WE RECEIVED LEDGERS OF SUPPORT FROM, LET ME DO MY MATH HERE REAL QUICK.
[01:00:01]
OF MARCH 8TH, UH, I HAD SPOKEN TO MR. AGUILAR, WHO IS NO LONGER HERE.I UNDERSTAND AND RECEIVED FIVE TOTAL LETTERS OF OPPOSITION.
UM, IN REVIEWING THE DOCKET TODAY, UH, I SAW THERE WERE TWO LETTERS OF OPPOSITION IN THE DOCKET, BUT THERE WAS A NOTATION THAT THERE WERE 13.
UM, WHEN I CAME IN TODAY, I WAS INFORMED THAT THE COUNT BECAUSE THERE HAD BEEN AT LEAST ONE OR TWO WITHDRAWALS OF SUPPORT.
UM, AND I, I WANT TO ADDRESS AT LEAST ONE OF THOSE, BUT, UM, AS I UNDERSTAND IT, AS OF TODAY, WHEN I CAME INTO THIS ROOM, THE COUNT WAS 28 TO 11.
OKAY? UM, SO I JUST WANT TO KEEP IT SUPER SIMPLE HERE.
IF WE BREAK THIS DOWN, UM, THAT WORKS OUT TO EXACTLY 30% AND WE, WE CONTACTED EVERY NEIGHBOR.
UM, SOME OF THEM CHOSE TO NOT RESPOND, TO NOT SPEAK OF THE SPEAKERS, INCLUDING THE OPPOSITIONS THAT COMPRISES 30% OF THE TOTAL AVAILABLE SPEAKERS IN THE NEIGHBORHOOD AS IT IS DEFINED THROUGH THE VOLUNTARY NEIGHBORHOOD ASSOCIATION.
UM, OF THOSE 30%, IF WE BREAK DOWN THE SPEAKERS BASED ON THE NUMBER I RECEIVED THIS MORNING, YOU'RE AT 71.8% IN FAVOR.
UH, AND YOUR TIME IS, SIR, 28 PER 28.2% OPPOSED, WHICH IS A SUPER MAJORITY.
I, AS A POINT OF PROCEDURE, THERE ARE A LOT OF SPEAKERS COMING AFTER ME.
I WOULD LIKE TO HAVE YOU, YOU'LL YOU'LL HAVE A REBUTTAL.
UM, I WOULD LIKE TO ASK A QUESTION THOUGH, BEFORE, OF COURSE.
SO WHEN I READ WHAT YOU SENT TO THE, UM, NEIGHBORS, UM, AND WHAT YOU ASKED THEM TO SIGN OFF ON, YOU ASKED 'EM TO SIGN OFF ON A NON OPAQUE FENCE.
SO I THINK YOUR, YOUR LETTERS TO THE NEIGHBORS IS VERY CONFUSING.
UM, WHICH I THINK IS PART OF THE REASON WE ARE HAVING SO MUCH CONFUSION.
I I WOULD SUBMIT THAT IT'S A FAIRLY CLEAR TYPOGRAPHICAL ERROR.
UM, THERE WAS NO INTENTION TO MISLEAD ANYBODY HERE.
UM, YOU KNOW, SO THOSE PEOPLE WHO OPPOSED ARE CLEARLY AWARE OF WHAT THE GATE IS.
I, SO I, I, I DON'T THINK, WELL, I MEAN, I GUESS I'M MORE PEOPLE THAT, YEAH, OKAY.
I, I THINK IT WAS A CLEAR TYPOGRAPHICAL ERROR.
I THINK SOMEBODY WAS TRYING TO COMPLY WITH THE CODE AS WRITTEN AND WHAT CAME OUT IS CONFUSING.
UM, ARE THERE ANY OTHER SPEAKERS, UM, THAT ARE FOR IN FAVOR? HE'S THE PPLICANT ARIAN STERN.
YOU, Y'ALL HAVE QUESTIONS FOR HIM? YOUR HONOR, I I THINK YOU CAN ASK QUESTIONS.
MY, IF I MAY, I MEAN, I, I WANT TO HIT THE SAME POINT.
TO ME, NON OPAQUE MEANS THE EXACT OPPOSITE OF WHAT IS THERE.
AND IT'S NOT A CLEAR TYPOGRAPHIC ERROR.
AND SO BECAUSE OF THAT, I FIND IT EXTREMELY HARD TO, UM, BELIEVE THAT ANY OF THESE LETTERS OF SUPPORT ARE LIKE I ARE TRUE SUPPORT FOR WHAT IT, WHAT FOR THE GATE PEOPLE TO ME THAT THIS NEGATES EVERYTHING IN THESE LETTERS BECAUSE THAT IS NOT WHAT IS THERE.
THIS IS, THESE ARE LETTERS OF SUPPORT FOR SOMETHING LESS.
AND I GONNA BE FRANKLY, SAY THAT I, TO ME, THESE MEAN NOTHING BECAUSE THAT IS NOT SUPPORT WHAT IS, WHAT DATE IS RIGHT NOW.
AND SO I THINK MOVING FORWARD, THAT'S THE, UH, POINT OF VIEW I'M GONNA HAVE TO HAVE IS THAT NONE OF THESE LETTERS ARE ACTUALLY SUPPORTING, UH, DIGGING THERE.
I'M, I'M JUST TRYING TO UNDERSTAND HOW WE GOT HERE.
I MEAN, A LOT OF THESE FENCES THAT YOU'RE ASKING FOR SPECIAL EXCEPTION FOR FOUR DIFFERENT FENCES, AND THEY'RE ALREADY CONSTRUCTED, CORRECT? CORRECT.
SO DID WE, HOW DID WE GET HERE? HOW DID WE, HOW DID WE BUILD THESE BEFORE WE HAD PERMISSION? THE CITY WAS CLOSED AT THE TIME THEY WERE CONSTRUCTED.
THAT'S THE BEST ANSWER I HAVE.
UM, THE HOMEOWNERS WANTED TO HAVE A FENCE UP.
THERE WERE SOME SAFETY CONCERNS.
I WENT OVER THAT IN THE LAST HEARING.
UM, WELL, YOU HAVE TWO NEW BOARD MEMBERS, SO, OKAY.
SO THE, THE, THERE WERE VARIOUS SAFETY CONCERNS AT THE TIME, SOME OF WHICH HAVE BEEN PROVEN OUT.
AGAIN, I I, I DON'T WANT TO GET INTO, UH, YOU, YOU KNOW, ANY ISSUES OF FINGER POINTING OR ANYTHING LIKE THAT.
WHERE YOU'RE TALKING ABOUT THE VARIANCE, THE FACT REMAINS THAT THE CONSTRUCTION WAS DONE, AND THEN THE PERMIT WAS APPLIED FOR WHEN THE CITY BECAME OPEN AGAIN, TWO APPLICATIONS WERE MADE TO THE CITY THAT WERE LOST.
[01:05:01]
THAT, THAT'S WHAT WE WERE TOLD.WE MADE A THIRD APPLICATION, AND THAT'S HOW WE GET HERE.
UM, SO FROM THE TIME THE CITY OPENED UNTIL NOW, THAT'S KIND OF HOW THAT WENT.
UM, YOU KNOW, AND AGAIN, I DON'T, I DON'T KNOW HOW THEY GET LOST.
I DON'T KNOW WHAT HAPPENS THERE.
BUT IT, IT, THE CHALLENGING THING HERE IS, IS A LOT OF THE CASES WE HERE ARE ASKING FOR PERMISSION, NOT FORGIVENESS.
AND WHEN YOU COME IN AND ASK FOR FORGIVENESS, NOW, THE NEIGHBORHOOD ALREADY KNOWS WHAT YOU'RE GIVING THEM, RIGHT.
BECAUSE IT'S ALREADY BEEN CONSTRUCTED.
AND THEN WE LOOK OUT HERE AND WE SEE ALL THESE NEIGHBORS MM-HMM.
IT'S ALREADY HERE, AND WE DON'T LIKE IT, AND IT'S NOT ALLOWED.
SO, YOU KNOW, THE QUESTION IS, IS, YOU KNOW, THESE SPECIAL EXCEPTIONS, I, I'M NEW TO THIS CASE.
UM, I APOLOGIZE THAT YOU HAVE TWO NEW BOARD MEMBERS HERE IN YOUR CASE, BUT THIS IS OF COURSE, TO HAND YOUR DEALT.
UM, I'M JUST TRYING TO UNDERSTAND WHY THE GIVEN FENCES AND RESTRAINTS OF FOUR FEET, UM, YOU KNOW, ARE SOMETHING THAT ARE NOT ENOUGH SECURITY FOR YOU.
UM, AND I MEAN, IF I'M A GOOD NEIGHBOR, I'M LOOKING AROUND MY, MY NEIGHBORHOOD AND MY NEIGHBORHOOD'S NOT HAPPY WITH THE PRODUCT I BUILD, YOU KNOW, TO BE A GOOD NEIGHBOR.
WELL, I THINK AS OF TODAY, THAT SEEMS SOMEWHAT CLEAR THAT A SMALL PERCENTAGE OF THE NEIGHBORS ARE UNHAPPY WITH IT.
UM, BUT YOU KNOW, AGAIN, IT, IT'S DIFFICULT FOR ME TO SAY THAT THIS IS WHY, I MEAN, AGAIN, THERE ARE LOTS OF FENCES AKIN TO THIS FENCE W WITHIN THE ADJOINING NEIGHBORHOODS AND IN PROPER PROPERTIES, UH, SIMILAR.
SO A PRIVACY FENCE IS NOT AN UNCOMMON FEATURE.
UM, EVEN AS MADAM VICE CHAIR, WE WENT OVER THE LAST TIME, E EVEN ON NON-MAJOR THOROUGHFARE STREETS, TH THEY ARE RELATIVELY COMMON IN HOUSES OF A CERTAIN SIZE.
UM, I GUESS THAT'S THE WAY I CAN SAY THAT.
BUT, UM, IT SO THAT FACT, I CANNOT DISPUTE THE THE FENCE WAS CONSTRUCTED PRIOR, IN EFFECT.
THAT IS WHAT WE'RE ASKING FOR.
HOWEVER, THE FENCE IS SENT BACK.
THE OPPOSITIONS THAT I HAVE SEEN HAVE RAISED VARIOUS ISSUES ABOUT PERSONAL AESTHETICS.
UM, THERE HAVE BEEN A COUPLE THAT HAVE RAISED SAFETY ISSUES, WHICH I FRANKLY DON'T UNDERSTAND.
UM, THEY, THEY'VE BEEN CONCLUSORY.
UM, AND, YOU KNOW, I DON'T, I DON'T SEE HOW THERE COULD POSSIBLY BE A SAFETY ISSUE.
UM, AS WE WENT OVER THE LAST TIME, THE, THE, THE GATE THAT LEADS TO THE CAR PARK IN THE FRONT OF THE HOUSE IS OPEN.
UM, THE REST OF THE FENCE IS A GREEN WALL, RIGHT? SO IT'S, IT'S, THE ISSUE AT HAND IS THE OTHER, THEY'RE INVISIBILITY TRIANGLE AND, AND WHAT IT CAUSES THE TRAFFIC, IT'S THAT THEY VIOLATE HEIGHT REQUIREMENTS.
I'M, I WAS REFERRING TO THE LETTERS AND OPPOSITION.
ANY OTHER QUESTIONS FOR THE APPLICANT? UH, YES.
UM, SO FIRST OF ALL, I JUST, UH, WANTED TO ADDRESS THE CLAIM ABOUT, UM, IT BEING CLEAR WHETHER PEOPLE WERE SUPPORTING IT, BECAUSE AS MY COLLEAGUE POINTED OUT, UM, THE, THE PEOPLE THAT SUPPORTED IT SUPPORTED A LETTER THAT, THAT MIS COMPLETELY MISREPRESENTED WHAT WAS ACTUALLY THERE.
SO, SO TO SAY THAT YOU HAVE FULL, LIKE 70% SUPPORT IS REALLY PATENTLY FALSE.
UM, BUT, BUT BESIDE THE POINT, UM, I JUST WANTED TO, TO DIG INTO THE PURPOSE BEHIND THE FENCE, BECAUSE YOU, YOU SAY THAT THE, THEY HAD CONS, SECURITY CONCERNS MM-HMM.
AND IN ADDITION TO THAT, THERE IS A VERY SIGNIFICANT HEDGE IN FRONT OF THE FENCE.
UH, THE HEDGE IS BEAUTIFUL, BY THE WAY, AND IT SEEMS TO BE DOING, UH, A, A VERY SATISFACTORY JOB OF PROVIDING PRIVACY.
UM, SO I'M, I'M JUST CURIOUS HOW 12 INCHES IS PROVIDING A SUBSTANTIVE SECURITY THAT WOULD CONVINCE US TO COMPLETELY OVERRIDE THE CITY ZONING.
UM, SO I GUESS RE I GUESS WHAT I WOULD SAY IS RESPECTFULLY, THE, THE QUOTE FENCE COULD PROBABLY COME DOWN BECAUSE PRIMARILY IT IS GREENERY THAT PROVIDES THE FENCING.
SO Y YOU KNOW, IS THAT SOMETHING THAT WE COULD DO? YES.
UM, I THINK THE, THE MAIN DISCUSSION THE LAST TIME HAS BEEN ABOUT THE GATE LEADING TO THE CAR PARK.
AND AGAIN, AS, AS I SAID LAST TIME, THAT GATE REMAINS OPEN.
[01:10:01]
UM, AND IT IS CLOSEABLE, I WILL AGREE WITH THAT.BUT WHAT I WOULD TELL THE BOARD, AND I WOULD TELL THE OPPOSERS THAT THOSE, UH, PIECES THAT MAKE IT OPAQUE CAN BE REMOVED AND WE CAN HAVE A DECORATIVE WROUGHT IRON FENCE.
IF, IF THAT WOULD MAKE EVERYBODY HAPPY, WE WILL DO THAT.
UM, THE PROBLEM ULTIMATELY WE'RE HAVING IS THIS IS THE GATE THAT THEY CHOSE ACCORDING TO THEIR AESTHETICS, NOT EVERYBODY ELSE'S.
UM, I DISAGREE WITH YOUR CHARACTERIZATIONS OF THE LETTERS OF SUPPORT.
I, I, I THINK AT WORSE, MAYBE THERE'S A LITTLE CONFUSION, BUT I THINK I, I WOULD CONCLUDE THAT THE, SOME OF THE PEOPLE, UM, THIS COMES UP IN THE LETTER OF SUPPORT THAT WAS RECEIVED FROM A NEIGHBOR ON HOLLOWAY.
UM, AND THIS IS, THIS IS A MAN THAT I, I KNOW AND RESPECT ENORMOUSLY, BOTH PERSONALLY AND PROFESSIONALLY.
AND HIS STATEMENT WAS THAT THERE'S BEEN A GREAT DEAL OF INCONSISTENCY, UM, AND CONFUSION.
AND THE IMPLICATION HERE IS THAT REQUESTS FROM NEIGHBORS HAVE BEEN ROUTINELY GRANTED.
UM, AND IN THIS CIRCUMSTANCE, THAT'S NOT THE CASE.
UM, SO HIS POSITION WAS, I'M GONNA WITHDRAW AND I'M OUT.
I'M NOT OPPOSING, I'M NOT IN FAVOR.
UM, I, I, I THINK THAT SENTIMENT IS, UM, SOMEWHAT ACCURATE FOR A LOT OF THE NEIGHBORS.
UM, AND AGAIN, I'M NOT
BUT AGAIN, I'M HERE TO TELL THE BOARD, I DON'T REALLY WANT TO HAVE TO GO THROUGH THIS PROCESS AGAIN.
AGAIN, RESPECTFULLY, YOU'RE LOVELY PEOPLE, BUT YOU KNOW, WE CAN TAKE THE OPAQUE SCREENS OFF OF THE FENCE AND MAKE IT A DECORATIVE WROUGHT IRON FENCE THAT IS A SOLUTION IF IT'S ACCEPTABLE TO OPPOSE THIS.
BUT YOU WOULD, YOU WOULD STILL NEED A, YOU CAN ONLY HAVE A FOUR FOOT FENCE IN THIS FRONT YARD SETBACK.
WE WOULD STILL NEED THE VARIANCE FOR THE GATE HEIGHT.
ARE THERE ANY OTHER QUESTIONS? JUST HAVE A COMMENT.
THE, THE THING IS, WITH APPLICATIONS LIKE THIS, THEY RUN NOT WITH A PROPERTY OWNER.
SO, YOU KNOW, WE ARE, IF WE WERE TO GRANT THIS OR, YOU KNOW, WE WERE GRANTING IT WOULD LIVE WITH THE LIFE OF THE PROPERTY.
SO THAT'S JUST A POINT I WANTED TO MAKE CLEAR.
I MEAN, THE, THE, THE FED THE FENCE DOES RUN WITH THE LAND, BUT THE FENCE IS CHANGEABLE.
UM, SO YES, I, I UNDERSTAND YOUR POINT.
I MEAN, IT'S, IT'S THERE ON THE PROPERTY.
IF YOU BUY THE PROPERTY, YOU GET A FENCE.
AND JUST TO CLARIFY, SO WHAT IS THERE, IS THERE A REASON FOR, UH, A NINE FOOT GATE, UM, AND WOULD THEY, WOULD YOUR CLIENT BE WILLING TO COMPROMISE ON, ON HYPE? THE, THE, I DON'T KNOW WHAT THE ACTUAL FRAME HEIGHT IS.
I, I, I THINK THE GOAL WOULD BE TO AVOID HAVING TO SCRAP WHAT'S THERE AND GO BUY SOMETHING NEW.
MY UNDERSTANDING, THIS IS NOT INSIDE MY, UH,
UM, SO THE GOAL WOULD BE TO USE THE EXISTING FRAME AND MAKE IT NON OPAQUE BY REMOVING THE SCREENS AND HAVING DECORATIVE RAW IRON INSERTED IN PLACE OF THE OPAQUE SCREENS.
UM, A AS TO THE NINE FOOT, HONESTLY, I THINK A LOT OF THAT HAS TO DO WITH THAT GATE IS ACROSS THE CAR PARK AND THE FRONT DOOR OF THE BUILDING.
TO A CERTAIN EXTENT, IT IS TO PREVENT HOPPING, WHICH AT THE TIME IT WAS DONE, THERE WAS SOME CONCERN.
UM, AND FORGIVE ME IF THIS HAS BEEN COVERED, BUT THE, UM, IT'S MY UNDERSTANDING THAT THE PERSON THAT BUILT THE FENCE IS THE PERSON RENTING THE HOUSE.
DID THEY SEEK PERMISSION FROM THE PROPERTY OWNER BEFORE THEY CONSTRUCTED THE FENCE IN THE GATE? A, A ANSWER? YES.
UM, CAN WE, OUR NEXT SPEAKER IS ARIAN STERN, UNLESS WE'RE THERE QUESTION.
SO DO WE HAVE ANY, UM, IS THERE ANYBODY IN FAVOR THAT WOULD LIKE TO SPEAK? NO MORE SPEAKERS.
THEN WE WILL, UM, CAN YOU CALL THE OPPOSITION FOLKS IN ORDER? MR. ROBERT FELDMAN? YES, HE'S ONLINE.
[01:15:01]
AFTERNOON.PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD.
ROBERT, ROBERT FELDMAN, 5 58 METERS LANE, DALLAS.
UM, BUT, UM, I, I THINK IT'S, UM, IT'S NOT IN KEEPING WITH THE NEIGHBORHOOD AND, UH, AND IT WASN'T, IT WASN'T, UH, PERMISSION WASN'T GRANTED TO PUT IT IN, AND IT'S INAPPROPRIATE.
AND WHERE DO YOU LIVE IN RELATION TO THE PROPERTY? I'M A STREET OVER, WE'RE ON METERS LANE.
UM, ANYTHING ELSE YOU WANNA ADD? NO.
THANK YOU VERY MUCH FOR YOUR TESTIMONY.
DO YOU HAVE ANY QUESTIONS FOR MR. FELDMAN? I DO.
UM, WHEN YOU SAY THAT THE, THE GATE IS NOT APPROPRIATE, CAN YOU ADD A LITTLE BIT MORE CONTACTS AS TO WHY YOU BELIEVE IT'S NOT APPROPRIATE FOR THE AREA? WELL, UM, WHEN I DRIVE BY, IT'S ALWAYS CLOSED.
IT'S, IT, IT HAS A, IT LOOKS A BIT LIKE A, A, A FORTRESS, UM, GATE.
UH, AND IT'S, IT'S JUST NOT IN KEEPING WITH, UM, ANY OF THE OTHER PROPERTIES.
UH, EVEN THOSE WITH FENCES ARE, ARE, ARE, UH, THEY JUST TOLD US HAVE THAT SAME APPEARANCE.
UH, AND I DON'T THINK IT'S IN KEEPING WITH THE NEIGHBORHOOD.
AND WE'VE BEEN HERE FOR, UH, 35 YEARS.
THE NEIGHBOR'S CHANGED NEIGHBORHOODS CHANGED A LOT OVER THAT TIME.
BUT, UM, YOU KNOW, I, I AGREE THAT, UH, IT, IT SHOULDN'T BE THERE.
AND, UM, IF YOU'LL STAY ONLINE IN CASE YOU HAVE ANY QUESTIONS.
AND, UH, MAKE SURE ANYBODY THAT'S ONLINE TO MUTE YOUR MICROPHONE IF YOU'RE NOT SPEAKING, MS. DEBRA HARNETT.
UM, IF YOU ARE ONLINE, PLEASE MUTE YOUR MUTE, YOUR MICROPHONE.
OH, MR. MR. FELDMAN, IF YOU CAN MUTE YOUR MICROPHONE, THAT'D BE GREAT.
EVERYBODY ELSE IS IN, IN PERSON.
DO YOU WANNA, UM, DO WE HAVE AN ORDER THAT, DO Y'ALL HAVE AN ORDER YOU WOULD LIKE TO GO IN? OKAY.
PLEASE COME FORWARD AND YOU HAVE TWO MINUTES TO SPEAK.
PLEASE STATE YOUR NAME AND NUMBER FOR NAME AND ADDRESS FOR THE RECORD.
IS THIS ON? I LIVE ON GAYWOOD ROAD AT 1 10, 10 11 GATEWOOD ROAD, AND I HAVE PICTURES.
THERE ARE THREE PICTURES OF THE GATES AND SEVERAL PICTURES OF OUR NEIGHBORHOOD.
WE OPEN TO GO TO OUR OPEN FRONT YARDS AND OUR FRONT YARDS WITH CODE COMPLIANT, UH, FENCES.
IF I COULD HAVE THESE PASSED AROUND, PLEASE.
OH, THESE ARE COLORED AND PRETTY.
UM, THESE WERE BUILT A, A PERMIT ABOUT TWO YEARS AGO, AND THEY CERTAINLY, IF THEY ARE ALLOWED TO STAND, COULD ADVERSELY AFFECT THE PROPERTY VALUES IN THE NEIGHBORHOOD.
WHEN THESE GATES WERE PUT UP, MANY NEIGHBORS.
AND I COMPLAINED TO OFFICER GWENDOLYN PRICE, THE COMPLIANCE OFFICER ABOUT THESE GATES.
AND I HAVE BEEN TOLD THAT SEVERAL CITATIONS HAVE BEEN ISSUED, BUT THE GATES REMAIN OVER A DOZEN NEIGHBORS.
AND I HAVE SENT, UM, EMAILS OPPOSING THESE GATES AS, AS YOU KNOW.
AND, UM, I HOPE YOU'VE RECEIVED THESE, THESE ARE ALL PERSONAL
[01:20:01]
EMAILS, AND THEY'RE OFTEN PASSIONATE.MANY OF MY NEIGHBORS WHO THOSE OPPOSITION EMAILS ARE HERE, AND MOST OF THESE NEIGHBORS LIVE ON GAYWOOD ROAD BESIDE OR NEAR THE TALL GATES.
ACCORDING TO THE FENCE, CODE OF FRONT GATE IS ALLOWED FOUR FEET TALL AND SIDE SIX FEET.
THESE GATES ARE NINE FEET TALL, SO I'M ABOUT FIVE FEET IF YOU STAND ME ON TOP OF A FOURTH FEET FOOT GATE.
THAT'S HOW TALL THESE GATES ARE.
THEY ARE IMPOSING, THEY DO NOT HAVE AN OPEN, FRIENDLY FEEL.
MY FAMILY AND I HAVE LIVED IN THE NEIGHBORHOOD FOR ALMOST 38 YEARS, AND WHAT ATTRACTED US TO THE NA NEIGHBORHOOD WAS THE OPEN FRONT YARDS AND THE FRIENDLY FEEL OF THE NEIGHBORHOOD.
MY CHILDREN CALL THE YARDS FRISBEE YARDS BECAUSE WE CAN PLAY FRISBEE IN THE YARDS, AND PEOPLE WALKING BY CAN JOIN IN IF, IF THEY WISH.
JUST RECENTLY THE NOTICE FOR A REQUEST REQUEST, UM, YOU WRAP ABOUT 10 SECONDS.
I WOULD JUST SAY, PLEASE DO NOT ALLOW THESE GATES TO STAND.
THEY WILL HAVE A NEGATIVE EFFECT ON OUR PROPERTY VALUE, AND WE HAVE A CODE, AND THEREFORE THE CODE NEEDS TO BE ENFORCED.
WHEN WE MOVED IN TO THE NEIGHBORHOOD, WE TRUSTED THAT THE CODE WOULD BE ENFORCED AND OUR NEIGHBORHOOD WOULD STAY OPEN AND FRIENDLY.
UM, THE, UH, SPEAKER MENTIONED THAT THEY WOULD BE WILLING TO TAKE DOWN THE SOLID PART OF THE FENCE AND LEAVE A NINE FOOT ROD IRON GATE.
UM, HOW WOULD YOU FEEL ABOUT THAT, JUST OUTTA CURIOSITY, WOULD YOU LIKE TO, I MEAN, I, I, WHEN WE SAW PICTURES, IT LOOKS LIKE THERE'S SOME SIX OR SEVEN FOOT DATES ON GAYWOOD AND DIFFERENT PLACES.
UM, I WOULD NEED TO SEE THEM, BUT REALLY FOR THE OPEN FEEL, I WOULD LOVE TO HAVE THE GATES COMPLY WITH THE CODE.
THE, THE NEIGHBORS THAT ARE ON GAYWOOD, MANY OF WHOM ARE HERE, WE ALL OPPOSE THE GATES.
ARE THERE ANY OTHER QUESTIONS FOR THIS SPEAKER? I HAVE A COUPLE OF QUESTIONS THERE.
FIRST OF ALL, THANK YOU FOR YOUR TIME IN COMING DOWN HERE TODAY.
UM, THERE'S TWO POINTS THAT, UH, YOU MADE AND TWO POINTS THAT WE NEED TO CONSIDER.
ONE IS THE ADVERSE EFFECT ON PROPERTIES, NEIGHBORING PROPERTIES, AND THEN ALSO THE COMPLIANCE WITH, UH, THE DEVELOPMENT CODE.
SO, UH, FIRST QUESTION WOULD BE IN THE 38 YEARS UP UNTIL PRESENT DAY, HAS SAFETY BEEN A CONCERN FOR YOU OR YOUR NEIGHBORS? THE NEIGHBORHOOD IS VERY SAFE.
THE VERY FEW INCIDENTS OCCUR THAT OCCUR WOULD BE BREAKING INTO, OR NOT EVEN BREAKING IN, GETTING INTO UNLOCKED CARS IN A DRIVEWAY.
SO THOSE ARE THE ONLY INCIDENTS I HAVE HEARD OF.
SO IT WOULD BE FAIR TO SAY THAT THERE'S NO PROPERTY, SERIOUS PROPERTY CRIME, SUCH AS BREAKING IN VANDALISM TO HOMES OF YOURS OR YOUR NEIGHBORS? NO.
UM, THIS IS PERTAINING TO A ADVERSE, UM, EFFECT ON PROPERTY NEIGHBORING PROPERTIES.
SINCE THE CONSTRUCTION OF THIS GATE, HAVE EITHER YOU OR YOUR NEIGHBORS SEEN OR CAN PROVE A DEPRECIATION AND VALUE OF YOUR PROPERTIES WITH, WITH THIS FENCE CONSTRUCTION? UM, I HAVE NOT PUT MY PROPERTY UP FOR SALE, SO I HAVE NO IDEA.
DO YOU ALL KNOW THAT THEY LOOK AWFUL? I WOULD NOT WANNA LIVE BESIDE THEM.
THERE ARE CONCERNS, I WALK BY THE PROPERTY ALMOST EVERY DAY AND IT IS HARD TO SEE CARS EXITING AND FROM THAT PROPERTY BECAUSE OF THE, THE, UM, FENCES AND, AND THE GATE AND THE HEDGES.
AND I ASSUME THEY HAVE A HARD TIME SEEING US.
SO I AM VERY CAREFUL WHEN I WALK BY THE PROPERTY.
SO THAT'S THE MAJOR SAFETY CONCERN I AM AWARE OF.
THAT'S, UH, NO FURTHER QUESTIONS FOR ME.
YOU GONNA CALL THE NEXT SPEAKER? MR. JAY HARK.
I LIVE AT THOUSAND 2 43 GAYWOOD ROAD, WHICH IS IMMEDIATELY DUE EAST OF THE SUBJECT PROPERTY.
SO I AM THE NEXT DOOR NEIGHBOR FOR THAT PROPERTY.
[01:25:01]
CLEAR UP SOME, SOME INFORMATION.NUMBER ONE, THE PROPERTY WAS PURCHASED BY THE LOTUS TRUST ON DECEMBER 6TH, 2018.
UH, THE FENCE CONSTRUCTION BEGAN IN JANUARY OF 2019.
SO I WOULD BE A LITTLE WARY OF THE, THIS IS A RENTER THAT IS PUT THE FENCE UP AND BOUGHT THAT PROPERTY.
HE MAY BE RENTING THE PROPERTY FROM HIMSELF.
I, I DON'T KNOW, BUT IT SEEMS STRANGE THAT YOU BUY A PROPERTY AND IMMEDIATELY THE, THE CONSTRUCTION STARTS BY YOUR TENANT.
UM, IT STARTED IN JANUARY OF 2019, LONG BEFORE WE EVER HAD ANY COVID SHUTDOWNS.
SO THE FENCE WAS CONSTRUCTED AND THE GATES WERE PUT IN WELL BEFORE THIS CITY WAS SHUT DOWN FOR THE, THE TEMPORARY TIME THAT IT WAS.
SO ANYONE WHO CAME AND BUILT THAT KNEW WHAT THE, THE BUILDING CODES WERE, WHAT THEY WERE RESPONSIBLE FOR PUTTING IN, AND THEY TOTALLY IGNORED IT AND DECIDED THEY WOULD SEE WHAT WOULD HAPPEN.
SO WHAT GOT ME MOTIVATED, AND I HAD REMAINED QUIET, NOT APPEARED BEFORE, IS THE MASS LETTER THAT WENT OUT TO THE NEIGHBORHOOD THAT MISLED EVERY NEIGHBOR IN THE NEIGHBORHOOD ABOUT WHAT THEY WERE DOING WITH THEIR, THEIR GATE, UM, THAT THEY ATTACHED TO IT, A SIMPLE, UH, UH, FORM FOR YOU TO CHECK OFF AND SEND IT IN.
AND SO PEOPLE WANTED TO BE NEIGHBORLY.
SO I DISCOUNT ANYBODY WHO SAYS THAT THEY ARE IN AGREEMENT WITH IT.
I HAVE A HANDOUT HERE FOR, FOR THE MEMBERS.
I, I SENT IT IN, BUT I HAVE ONE EXTRA DOCUMENT IF WE COULD PASS THIS AROUND QUICKLY.
SO ON THE MAP, THE GATES, IS THAT FIVE OR LESS PAGES? YES.
UH, IT SHOWS A MAP OF THE OPPOSITION, AND IF YOU LOOK AT THE, THE SUBJECT PROPERTY IS IN GREEN.
BOTH NEIGHBORS TO THE RIGHT AND TO THE LEFT OF THE PROPERTY ARE IN OPPOSITION TO THE GATES AND THE HEIGHT OF THE FENCE, THE PROPERTY IMMEDIATELY BEHIND THE SUBJECT PROPERTY IS ALSO AGAINST THE, THE, UH, UH, FENCE AND THE GATE.
MOST OF THE PEOPLE WHO HAVE SIGNED SAYING THAT THEY APPROVE OF WHAT IT IS, DON'T LIVE ANYWHERE NEAR CLOSE TO THIS PIECE OF PROPERTY.
AND IF YOU FLIP THROUGH AND LOOK AT THEIR ADDRESSES, THAT WILL BE CONFIRMED.
ATTACHED IN THE SECOND PAGE IS A PICTURE OF VIEW OF MY FRONT YARD FROM THOUSAND 2 43 GAYWOOD TO THE SUBJECT PROPERTY.
AND YOU WILL SEE THAT THERE'S THE GIANT, UH, BUSH WALL THAT THEY'VE PUT IN.
I HAVE YOUNG CHILDREN, UH, I HAVE A THREE-YEAR-OLD, UH, EIGHT OLD SIR, 11 YEAR OLD, AND A 13 YEAR OLD.
IT'S DANGEROUS FOR MY KIDS TO GO BUY THIS PROPERTY RIDING THEIR BIKES AND WALKING BECAUSE CARS COME FLYING OUT OF THAT DRIVEWAY WITHOUT BEING ABLE TO SEE.
I ATTACHED A COUPLE OTHER PICTURES THAT SHOW THE ACTUAL VIEWS OF OUR NEIGHBORHOOD AND WHAT YOU SEE BEFORE ALL OF THIS WAS DONE.
I'M DEFINITELY IN OPPOSITION TO THIS.
ARE THERE ANY QUESTIONS FOR THE SPEAKER? NOPE.
THANK YOU VERY MUCH FOR YOUR TIME.
FOR SOME REASON, I THINK I'M LEFT OFF THE OPPOSITION.
I DON'T KNOW WHY, BECAUSE I HAVE SENT IN INFORMATION, UM, INCLUDING THAT.
BUT MY NAME IS ELAINE EVERETT.
I LIVE AT 51 0 6 KELSEY ROAD, UM, WHICH IS JUST DOWN THE STREET FROM THIS, UH, GATE.
UM, HAVING LIVED IN THE NEIGHBORHOOD FOR 34 YEARS.
THE FOLLOWING IS OUR RATIONALE FOR OPPOSING THIS APPLICATION.
THE APPLICANT BUILT THESE FENCES KNOWINGLY WITHOUT APPLICATION FOR A HEIGHT EXCEPTION WITH NO REGARD, AN INDIRECT VIOLATION OF CITY CODE.
THE APPLICANT HAS MISSTATED FACTS.
THEIR DESIGN IS NOT CONSISTENT WITH SURROUNDING, UM, FENCES, AND IT IS NOT ACE AESTHETICALLY PLEASING AT ALL.
THEY ARE NOW, THEY ARE NOT AT ALL TRYING TO UNIFY OUR NEIGHBORHOOD.
THEY'RE TRYING TO GET WHAT THEY WANT WITH SKIRTING THE CITY.
IF YOU LET THIS APPLICANT GET BY WITH THEIR VIOLATION, THEN IT'LL BE TOTALLY UNFAIR TO THE OTHER APPLICANTS WHO HAVE APPLIED OVER THE YEARS AND BEEN TURNED DOWN AFTER GOING THROUGH THE PROPER APPLICATION PROCESS.
IF YOU DON'T UPHOLD YOUR OWN RULES, THEN IT WOULD BE COMPLETELY UNFAIR TO SOME OF THE OTHER NEIGHBORS WHO HAVE HAD TO DISMANTLE THEIR FENCES AND GATES AND REBUILD THEM BECAUSE THEY DID NOT FILE APPLICATIONS FOR AN EXCEPTION AND THEY BUILT OVER CODE.
ONCE A TALL GATE OR FENCE IS ALLOWED, IT WILL SET A PRECEDENT WILL THAT WILL NOT ONLY DESTROY
[01:30:01]
YOUR CREDIBILITY AS CODE ENFORCEMENT, BUT THE COMMUNITY OF NEIGHBORHOODS THAT WAS ESTABLISHED AND HAS BEEN NURTURED AND GROWN OVER THE PAST 73 YEARS WHEN THIS NEIGHBORHOOD WAS DEVELOPED.WELL, I HAVE A LOT MORE TO SAY, BUT I, I AM, UM, IN, IN HOPES THAT YOU ALL WILL MAKE THESE PEOPLE, UM, TEAR DOWN THEIR FENCE.
ARE THERE ANY QUESTIONS FOR THE SPEAKER? THANK YOU VERY MUCH FOR YOUR TIME.
WE APPRECIATE YOU COMING DOWN.
UM, NEXT SPEAKER, MAGGIE SSON.
I MOVED INTO THE NEIGHBORHOOD IN, UM, 1988 AND EVERYBODY HERE HAS BEEN HERE FOR AT LEAST 10 TO 38 YEARS.
AND I DIDN'T REALLY PREPARE MARKS.
I JUST WANTED TO MAKE A COUPLE OF CLEAN THINGS CLEAR.
WE DID NOT HAVE A NEIGHBORHOOD ASSOCIATION.
WE HAVE A, A VOLUNTARY SOCIAL CLUB, AND I ALSO AM IN CHARGE OF THE MAYFLOWER SECURITY ALONG WITH MRS. FELDMAN AND JAY'S WIFE.
UH, YOU ALL THE NEIGHBORHOODS AROUND TOWN WOULD LOVE TO HAVE OUR NEIGHBORHOOD.
WE STARTED THE FIRST E N P IN THE CITY OF DALLAS.
IT IS VERY SAFE, WHICH IS WHY WE LIVE THERE.
AND, UM, AND SO THAT IS, THAT'S NOT AN ISSUE IN OUR NEIGHBORHOOD.
I ALSO WANT YOU TO KNOW THAT I'M A BIG BELIEVER IN THE CITY OF DALLAS AND WE DON'T HAVE A NEIGHBORHOOD ASSOCIATION.
WE HAVE YOU AND ONLY YOU TO PROTECT US.
WE REBUILT 20 YEARS AGO VERY MUCH TO CODE SET BACK TWICE AS MUCH ON EVERY SIDE TO BE GOOD NEIGHBORS.
AND I MEAN, AND, UH, SOME OF THE OTHER PEOPLE HERE BUILT OR REMODELED.
UH, I ALSO WANT YOU TO KNOW THAT OUR NEIGHBORS DID NOT REACH OUT TO ANY OF US.
THOSE FORM LETTERS YOU GOT WERE, WE'VE GOT A CALL FROM A HOUSE MANAGER WHO ONLY LEFT THE FIRST NAME AND DID NOT GIVE THE NAMES OF THE PEOPLE.
I, I'M NOT EVEN SURE WHAT THEIR NAMES ARE THAT LIVE THERE.
SO WHAT YOU'RE SEEING, WHAT OUR PHONE CALL WAS.
HI, I'M SALLY, THE HOUSE MANAGER OF THIS ADDRESS.
SO THE NEIGHBORS, WHEN YOU HEAR ABOUT REACHING OUT FOR THE NEIGHBORS, THESE NEIGHBORS HAVE NEVER REACHED OUT TO ANY OF US AND IT IS AGAINST THE CODE AND THAT IS YOUR JOB.
AND IF WE DON'T, WHY DON'T I TAKE OUT AN AD IN THE NORTH DALLAS PEOPLE AND SAY IN OUR NEIGHBORHOOD, GO AGAINST THE CODE.
BECAUSE THE CITY OF DALLAS WILL LET YOU.
AND I WANT TO PROTECT MY NEIGHBORHOOD FROM ADVERSE PROFIT BEHALF.
UH, I AGREE WITH, UH, WITH PRIOR SPEAKERS.
CAN YOU STATE YOUR NAME AND ADDRESS FOR THE RECORD? MONIER HAS A, UH, 1 0 1 51 GABLE ROAD.
UM, WELL, UNFORTUNATELY WHAT BOTHERS ME THE BOATS ARE, IS THE EDGES.
THERE ARE ONE FOOT AWAY FROM THE STREET.
IT'S DARK AND IT CAN CERTAINLY A SITUATION WHERE AN ACCIDENT, THE FENCES, THERE'S NOT, THERE'S TWO, THERE'S TWO FENCES ACTUALLY, THERE'S NOT ONE, THERE'S TWO.
ONE IS ALWAYS CLOSED AND ONE IS HERE OPEN.
UH, SO MY ARGUMENT IS THAT AFTER 20, UH, 20 YEARS IN THE NEIGHBORHOOD, I DON'T THINK IT'S APPEALING THE WAY THIS CAME AROUND.
UNFORTUNATELY, IT'S KIND OF VERY TIME CONSUMING AND DEMANDING.
BUT, UH, THERE'S A CODE THAT NEEDS TO BE PRETTY MUCH, UH, FOLLOWED.
AND THEN, UH, I THINK, UH, EVIDENTLY THE BODY IS NOT REPRESENTED BY, UH, THE JUST THE PROPERTY MANAGER, I IMAGINE.
SO, UM, I SOLICIT THAT, THAT WE MAKE SOMETHING, UH, APPROPRIATE TO DECREASE THE SIZE, MAKE IT TRANSPARENT, AND THEN OBVIOUSLY TO CUT THE EDGES.
THAT IS DANGEROUS BECAUSE IT IS A CURVE.
AND, AND EVENTUALLY SOMETHING WILL HAPPEN.
ANY QUESTIONS? THANK YOU VERY MUCH FOR YOUR TIME.
NEXT SPEAKER, JOHN AND CHRIS COUSINS.
IT LOOKS LIKE ERIC MASS ALSO NOT HERE.
UM, AND SO NOW WE HAVE A TWO MINUTE REBUTTAL FROM THE, UM, APPLICANT.
[01:35:07]
OH, YOU CAN COME SPEAK, YOU CAN GO.DID YOU FILL OUT A BLUE FORM? SHE DID ONLINE.
I THOUGHT SHE WAS SPEAKING AND MR. FELDMAN.
CYNTHIA FELDMAN, 53 58 MEHER DALLAS.
WE'VE BEEN IN THE NEIGHBORHOOD FOR 35 YEARS.
UM, JUST WANNA SAY THAT THE CITY OF DALLAS HAS A UBC.
WE FOLLOW THAT AND WE HOPE THAT IF YOU ALLOW THIS TO STAND, THEN WE WILL HAVE A CITY OF INDIVIDUAL SINGLE FAMILY FORTRESS AND WE WOULD OPPOSE THIS DEFENSE ON YOUR STATE.
THANK YOU VERY MUCH AGAIN, MADAM VICE CHAIR, MEMBERS OF THE BOARD, MEMBERS OF THE STAFF.
UM, I'M GONNA TRY TO KEEP IT REAL SHORT.
UM, AGAIN, I RESPECT ALL THE PEOPLE IN OPPOSITION.
THERE ARE A COUPLE OF POINTS THAT I THINK MERIT REBUTTAL.
UM, SO FIRST OF ALL, UM, THERE WAS REFERENCE TO CARS COMING, FLYING OUT.
UM, AS FOUND IN THE DOCKET, THE GATE IS SET BACK, UH, SOMETHING LIKE 6.8 TO SEVEN POINT SOMETHING FEET.
UM, IT IS NO DIFFERENT THAN ANY OTHER CAR.
IF YOU COME FLYING OUTTA YOUR DRIVEWAY AND THERE'S A PEDESTRIAN THERE, UM, IT, IT'S THE SAME AS ANY OTHER PLACE.
SO AS SOON AS YOU CROSS THE GATE, YOU CAN SEE THAT'S BETS A FULL HUMAN LINK FROM THE CURB.
UM, SO PEDESTRIANS TO THE EXTENT THERE ARE, ARE BASICALLY IN THE STREET.
UM, I'M A VALUE ISSUE AND I THINK THE BOARD RECOGNIZED THIS, I THINK FROM THE TIME OF COVID UNTIL CURRENTLY.
AND AGAIN, I DON'T HAVE MATHEMATICAL PROOF FOR THIS, BUT I THINK HOME VALUES HAVE SEEN THEIR LARGEST INCREASE IN A SHORT PERIOD OF TIME IN ANY OF OUR LIFETIMES.
UM, THE, THE, IF YOU'VE BEEN HOUSE, HOUSE HUNTING RECENTLY, IT'S A LITTLE STAGGERING, UH, WHAT COSTS HAVE GONE UP TO.
SO, YOU KNOW, AGAIN, VALUES HAVE GONE UP.
IT HAS NOTHING TO DO WITH THE GATE OR THE FENCE.
AND AGAIN, I JUST WANT TO REITERATE THAT A APPLICANT IS WILLING TO ALTER THE GATE, UH, AND HE IS, AND THE SPEAKER WAS THE OP, THE OPPOSITION SPEAKER WAS CORRECT.
THERE ARE TWO, THERE'S ONE FOR A SIDE YARD AND THERE'S ONE FOR THE CAR PARK.
UM, BOTH CAN BE ALTERED TO BE DECORATIVE WROUGHT IRON.
THEY ARE NO DIFFERENT FROM ANY OF THE WROUGHT IRON GATES AND IN FACT, SHORTER THAN ONE ACROSS THE STREET AT THE, I GUESS WHAT I CALL THE PHILLIPS ESTATE, UM, THAT I THINK WAS RE RECENTLY PURCHASED.
BUT, UM, AND I THINK THAT'S TEN THREE HUNDRED.
UM, BUT THE, THOSE GATES I THINK ARE NORTH OF 10 FEET HIGH.
UM, AND UNLESS THE BOARD HAS ANY FURTHER QUESTIONS, I, YOU KNOW, I I THINK THERE WERE A LOT OF PEOPLE IN FAVOR.
I UNDERSTAND THAT, YOU KNOW, THERE'S A TENDENCY TO PERHAPS DISCOUNT SOME OF THAT.
UM, THE REALITY IS THAT I, WE HAVE NO BASIS TO EITHER DISCOUNT IT OR COUNT IT DOUBLE.
THERE ARE STATEMENTS IN THE OPPOSITIONS THAT FRANKLY ARE, UM, MERELY CONCLUSORY STATEMENTS.
UM, I, YOU KNOW, SOME DISCOUNT HAS TO APPLY TO SOME OF THE MISSTATEMENTS THERE AS WELL.
UM, BUT YOU KNOW, AGAIN, UM, OUR REQUEST IS THAT THE BOARD APPROVED THE VARIANCE FOR THE GATE AS CONSTRUCTION CONSTRUCTED.
PARDON ME? HAVING SAID THAT APPLICANT IS WILLING TO REPLACE THE OPAQUE SCREENS FOR IT TO BE A WROUGHT IRON SO THAT PEOPLE CAN SEE THROUGH.
UM, WE'RE HAPPY TO DO THAT IF IT KEEPS PEOPLE IN THE NEIGHBORHOOD HAPPY, YOU KNOW, THERE'S NO GOAL HERE TO, UH, TAKE PEOPLE OFF AS IT WERE.
THE CHALLENGES WITH THAT IS IT'S NOT THE MATERIALS AND OPACITY THAT'S IN QUESTION HERE IN TERMS OF WHAT THE OUTCOME IS FILED FOR.
IT'S IN TERMS OF VARIANCE TO ALLOW AN EXCEPTION TO THE FENCE HEIGHT.
SO IF WE WERE TO GRANT THIS, WE HAVE NO CONTROL OVER WHAT MATERIALS ARE CONSTRUCTED WITH YOUR FENCE.
SO ESSENTIALLY WE, IF WE WERE GRANT THIS, WHAT IS THERE WOULD STAY THERE.
SO THE, THE THE HEIGHT ISSUE AGAIN AT THE FRONT, IT, IT IS SET BACK.
[01:40:01]
I I I'M NOT CERTAIN WHY, UM, IT'S A SAFETY ISSUE FOR CHILDREN PLAYING NEXT DOOR.CARS DON'T COMPLYING OUT, UM, NO DIFFERENT FROM ANYBODY ELSE'S DRIVEWAY.
UM, SO ALL IT REALLY DOES IS PREVENT PEOPLE FROM LOOKING AT YOU IN YOUR HOUSE, COAT IN, IN YOUR HOUSE.
I, I GUESS I'M NOT REALLY SURE WHY THAT'S A SAFETY ISSUE.
UM, BUT YOU KNOW, AGAIN, YOU KNOW, WE ARE WILLING TO COMPLY WITH THE BOARD AND KEEP THE NEIGHBORS AS HAPPY AS POSSIBLE.
UM, WELL, WE CAN HAVE A FENCE.
I, I UNDERSTAND WHICH WOULD COMPLY WITH THE BOARD AND THE NEIGHBORHOOD.
SO, SO WE, SO THE, THE FIVE FOOT HURRICANE FENCE, OKAY, WE CAN TAKE THAT DOWN TO FOUR FOOT.
SO THE CHALLENGE IS, IS YOU HAVE FILED AN APPLICATION FOR ALL FOUR OF YOUR FENCES.
YOU'VE NOT CALLED 'EM OUT SEPARATELY.
SO YOU'RE SAYING ON ONE HAND WHAT WE CAN COMPLY HERE.
SO WE DON'T REALLY NEED A SPECIAL EXCEPTION ON, ON THESE FENCES, BUT YOUR APPLICATION IS LUMPING ALL FOUR TOGETHER.
UM, SO WE, OUR, OUR, OUR JOB IS TO EITHER APPROVE OR DENY BASED ON YOUR ENTIRE APPLICATION, WHICH IS ALL FOUR.
SO HERE YOU'RE SAYING, I DON'T REALLY NEED THESE FENCES, SO I DON'T REALLY NEED THIS APPLICATION.
I CAN COMPLY BASED ON DEVELOPMENT CODE AND THE STANDARDS OF THE, OF DEVELOPMENT CODE OF THE AREA.
AND BY THE OTHER HAND, YOU'RE LIKE, I I NEED THIS SPECIAL EXCEPTION FOR ALL FOUR FENCES.
SO LET ME PROPOSE AN ALTERNATIVE.
UM, THE BOARD COULD, I BELIEVE, I DON'T KNOW, UH, ISSUE AN ORDER THAT THE HURRICANE FENCE THAT SURROUNDS THE PROPERTY.
SO THAT'S I GUESS THE FORD THAT YOU'RE REFERRING TO.
I DIDN'T WRITE THE APPLICATION.
UM, SO THOSE COULD BE TAKEN DOWN TO FOUR FOOT.
THE GATE, WE CAN MAKE RAW IRON AND YOU COULD ISSUE AN ORDER THAT IF WE DID THAT, WE, WE HAVE NO CONTROL OVER OUR BUILDING MATERIALS.
SO WE CAN'T, I WE CAN'T SIT THERE AND TELL YOU THAT YOU CAN KEEP THE, THE FRONT NINE FOOT FENCE, BUT ORDER YOU HAVE, HAVE CERTAIN MATERIALS.
THAT'S NOT WHAT'S IN FRONT OF US.
CAN WE
IS THAT TRUE OR IS THAT NOT TRUE? NO, THIS IS JUST TO SAY THAT THEY CAN BUILD TALLER THAN FOUR FEET.
WE ARE NOT, WE'RE I COMPLY WITH THE CEMENT SITE PLANT, IT'S JUST SAYING THAT IN THESE LOCATIONS, THE FENCE COULD BE THIS HEIGHT.
WE, WE CAN'T REGULATE MATERIALS WITH THIS APPLICATION.
BUT BY CODE YOU'RE NOT ALLOWED TO HAVE A SOLID FENCE.
SO WHAT, WHAT LESS THAN FIVE FEET? FEET LESS THAN FIVE FEET FROM THE FRONT LOT LINE.
SO THEY'RE ON, SO I MEAN IN THIS, THEY'VE ONLY ASKED FOR THIS.
THEY'RE ASKING FOR METAL ONLY INCLUDES A, UH, A FENCE, STANDARDS REGULATION, SPECIAL EXCEPTION TO EXCEED, TO MAKE A FENCE HIGHER THAN FOUR FEET IN THE FRONT YARD.
SETBACK NOT LESS THAN 50% OPEN, LESS THAN FIVE FEET FROM THE FRONT WALL.
IT'S A ONES, THIS IS ACTUALLY AN APPLICATION THAT'S JUST A ONE TIME, ONE THING REQUEST FOR YOU TO CONSIDER WHETHER OR NOT YOU FEEL THE PROPOSAL, WHICH IS A FENCE OVER FOUR FEET IN THE FRONT YARD SETBACK ADVERSELY AFFECTS NEIGHBORING PROPERTY.
BUT THEY DO ASK ABOUT THE NINE FOOT METAL GATES.
THAT'S PART, WE ACTUALLY, THE FENCE HEIGHT REGULATIONS ACTUALLY PERTAIN, ALTHOUGH IT'S A TERM FENCE, WE'VE ALWAYS CONSIDERED ANYTHING IN THE FRONT YARD SETBACK AS A FENCE GATE COLUMN FENCE.
SO WE DON'T HAVE A GATE COLUMN, WE DON'T HAVE A GATE HEIGHT REGULATION, A GATES OFFENSE IN TERMS OF THE BUILDING OFFICIAL'S INTERPRETATION.
SO THE, OKAY, WE HAVE A FENCE STANDARDS REGULATION THAT LIMITS THE HEIGHT OF A FENCE TO FOUR FEET IN THE REQUIRED FRONT YARD SETBACK THAT INCLUDES COLUMNS AND GATES.
AND AGAIN, WE CAN'T CALL OUT, ALLOW CERTAIN FENCES ON THIS APPLICATION AND PULL OUT OTHERS.
CORRECT? WELL, I THINK THAT IT'S ALL OR NOTHING.
RIGHT? WELL, I THINK THAT THERE'S AN APP USUALLY YOU ENTERTAIN WHAT'S APPLIED FOR.
OKAY? THIS IS AN APPLICATION WITH CERTAIN ASPECTS THAT YOU ARE SAYING ARE FOUR PARTS.
I THINK THAT THE APPLICATION HAS PRESENTED TO YOU TODAY IS WHETHER OR NOT YOU FEEL THE APPLICATION THAT'S PRESENTED TODAY.
AND THIS CASE NUMBER ADVERSELY AFFECTS NEIGHBORING PROPERTY.
YOU HAVE A, HE HAS A TEST TO PASS AND CONVINCE YOU THAT HE HAS A BURDEN OF PROOF.
MY FENCE OVER FOUR FEET IN THIS FIRE YARD SETBACK DOES NOT ADVERSELY AFFECTING PROPERTY.
THE ONLY, THE, THE REASON WHY I ASK THIS IS BECAUSE I THINK THE ONLY COMPLAINT THE NEIGHBORHOOD HAS IS JUST THE NINE FOOT GATE.
RIGHT? THE OTHER ONES ARE NOT AN ISSUE.
BUT WE'RE, THE PROBLEM IS, IS YOU'VE LUMPED EVERYTHING TOGETHER.
SO THIS IS A CA THIS IS ALL OR NOTHING, RIGHT? THE ISSUE THAT YOUR NEIGHBORS HAVE IS THAT YOU'VE, YOU'VE CONSTRUCTED A NINE FOOT BARRIER.
AND SO, AND WE, WE CAN'T, IF WE DO APPROVE THIS, WE HAVE NO CONTROL OVER WHAT MATERIAL YOU USE.
I, I UNDERSTAND WHAT, WHAT I AM REPRESENTING TO THE BOARD.
[01:45:02]
OPPOSITION CORRECTLY, THEY DO NOT LIKE THE SOLID SCREENS BECAUSE IT MAKES IT FEEL, THEY DON'T LIKE THE HEIGHT MAKES IT FEEL LIKE A, THEY DON'T LIKE THE HEIGHT.BUT SEE, THE THING IS, IS YOU CAN SIT THERE AND SAY, IF YOU ALLOW THIS, THEN WE WILL PROMISE WE'LL DO A WRT IRON NINE FOOT FENCE.
BUT WE HAVE NO WAY OF ENFORCING IT BECAUSE WHAT YOU'RE ASKING IS NOT, HAS NOTHING TO DO WITH MATERIAL.
AND WE CAN'T SIT THERE INDEED RESTRICT THIS FENCE TO HAVE A WRT IRON, 50% OPAQUENESS.
THAT'S NOT WHAT'S IN FRONT OF US.
OUR ONLY PARAMETERS ARE DO WE ALLOW YOU TO HAVE ANY FENCES OVER FOUR FOOT TALL ON YOUR PROPERTY IN THE FRONT YARD.
SO YOU CAN SIT THERE AND ATTEST TO IT ALL DAY LONG.
BUT THE PROBLEM IS, IS THIS APPLICATION RUNS WITH THE PROPERTY.
RIGHT? SO YOU MAY TEST TO THAT AND THEN, AND THEN THE PROPERTY MAY TRADE AND THEN GUESS WHAT? WE'RE BACK.
AND, AND W WOULDN'T THEY HAVE TO APPLY FOR AN EXCEPTION TO CHANGE IT? NO.
ONCE IF WE WERE TO GRANT THIS WITH, WITH THE WAY YOU APPLY.
OH, I SAID I, I I UNDERSTAND, I UNDERSTAND.
FOR THE LIFETIME OF THE, MY APOLOGIES.
SO WE HAVE NO CONTROL FOR WHAT MATERIALS AND WHAT YOUR, WHAT YOUR FRONT GATE LOOKS LIKE.
AND TH THIS IS, THIS IS A CHALLENGE HERE.
I NOW THEY DON'T HAVE ANY ISSUE WITH THE OTHER THREE FENCES, JUST THE TWO METAL NINE FOOT GATES.
BUT YOU'VE LUMPED THEM ALL TOGETHER.
SO A A AGAIN, I'LL, I'LL STAND BY THE STATEMENT.
I UNDERSTAND THAT IT DOESN'T SWAY YOU ONE WAY OR THE OTHER, BUT I WILL STAND BY THE STATEMENT CUZ WE ALL GOTTA LIVE TOGETHER.
UM, SO AGAIN, THE GOAL WOULD BE TO AVOID HAVING TO TAKE THE GATE DOWN AND PUT A NEW ONE IN NINE FOOT.
I TOLD YOU BECAUSE THERE WERE CONCERNS ABOUT JUMPING.
THE STATEMENT WAS THAT THERE WERE NO SAFETY ISSUES IN THE NEIGHBORHOOD.
SO JUST RECENTLY THERE WAS NOTIFICATION ABOUT SOMEBODY WHO WAS FOLLOWED HOME BY SOMEBODY THAT'S 0.1, 0.2 IN THE NEIGHBORHOOD.
IN THE NEIGHBORHOOD, IN THE NEIGHBORHOOD.
UM, 0.2 ACROSS THE STREET, AND I, I DON'T REMEMBER THE NUMBER.
I'M GAYWOOD CONSTRUCTION IS ONGOING.
SOMEBODY JUMPED THEIR FENCE AND STOLE A BUNCH OF CONSTRUCTION MATERIALS.
NOW THERE WERE CAMERAS TRAINED ON MR. WE, WE WENT OVER THIS MADAM BUZZ CHAIR AT THE LAST HEARING, BUT WE WERE ABLE TO CATCH THE PERSON, THE POLICE WERE ABLE TO CATCH THE PERSON.
BECAUSE THEY WERE CAUGHT ON CAMERA.
UM, SO WELL HOW HIGH WAS THAT FENCE? SO THAT THEY JUMPED, UH, LOWER, I BELIEVE, I DON'T KNOW EXACT NUMBERS, BUT LOWER.
I'M, I I THINK MOST CONSTRUCTION FENCES ARE SIX FEET.
I'M SORRY, I SAID I THINK MOST CONSTRUCTION FENCES ARE SIX FEET.
ANYWAYS, I HONESTLY, I COULD, I I COULDN'T TELL YOU.
I I I'M HEARING SIX FEET FROM OVER HERE, SO I, MAYBE THAT'S CORRECT, BUT YOU KNOW, AGAIN, I I DON'T SEE THE DIFFERENCE IN VALUE TO THE NEIGHBORHOOD.
UM, I I WHAT I HEAR IS A STATUS.
BUT SEE, I THINK WE WE'RE LUMPING IN HOME VALUES TO CONTRARY TO PUBLIC INTEREST.
AND I THINK PEOPLE CORRELATE THEM, BUT THEY'RE NOT ONE IN THE SAME.
CONTRARY TO PUBLIC INTEREST IS ONE OF THE FACTORS IS DOES IT CHANGE BY HOME VALUE? BUT THAT'S NOT THE ENTIRE PESSIMIST OF THAT STANDARD.
CONTRARY PUBLIC INTEREST IS TO YOUR NEIGHBORS SUPPORT THIS TOO.
DOES IT CHANGE THE INTENTION OF THE DEVELOPMENT CODE AND THE INTENTION OF THE PD IN THIS NEIGHBORHOOD? THOSE ARE ALL FACTORS OF CONTRARY TO PUBLIC INTEREST.
WELL, AGAIN, THE, THE PROPERTY PURCHASED IS NOT DEED RESTRICTED.
SO I I I GUESS I'M HAVING A HARD TIME.
IT'S RESTRICTED IN CODE IN TERMS OF WHAT YOU CAN CONSTRUCT IN FACTS.
NO, I, I I GET THAT, BUT THERE'S NOTHING ABOUT, FOR EXAMPLE, I CAN'T, YOU KNOW, APPLY TO PUT A TALLER FENCE ON.
WELL, YOU CAN'T, YOU HAVE TO COME IN FROM OUR BOARD AND, AND HERE WE ARE.
UM, SO, YOU KNOW, AGAIN, I'M HAVING A HARD TIME UNDERSTANDING WHY NINE FOOT IS A PROBLEM.
IT'S IN FACT REPRESENTED RIGHT ACROSS THE STREET ON THE PHILLIPS PHILLIPS ESTATE.
UM, NOW I, I UNDERSTAND SOMEBODY MAY SAY, WELL, THAT'S GRANDFATHERED, BUT IT'S STILL THERE.
IT'S PART OF THE NEIGHBORHOOD.
UM, TEN THREE HUNDRED I BELIEVE IS CORRECT.
DO WE HAVE ANY OTHER QUESTIONS? YES.
I'VE GOT A QUESTION FOR THE APPLICANT HERE.
SO THERE WAS A POINT BROUGHT UP BY MR. HARTNETT, UM, AND THAT THE CONSTRUCTION OF THIS GATE BEGAN IN JANUARY OF 2019.
HOWEVER, BEFORE THAT IT WAS PRESENTED TO THE BOARD THAT THIS CONSTRUCTION WAS DONE DURING THE COVID 20 20, 20 21, WHERE, YOU KNOW, IT WAS THE, THE CONTEXT WAS DELIVERED TO US DIFFERENTLY.
CAN YOU, I GUESS PROVIDING, BECAUSE THERE, THAT'S A BIG MISUNDERSTANDING FOR ME AS TO MY UNDERSTANDING.
THE FENCE MAY HAVE BEEN DONE BEFORE.
SO I HAVE SPOKEN TO THE CONTRACTOR.
THE GATE ITSELF WAS DONE IN 2020, IN LATER 2020.
SO THIS WAS, UH, MAYBE MIDDLE, MAYBE I'M OVERSTATING THAT MIDDLE
[01:50:01]
JUNE, JULY FRAME TIMEFRAME.UM, BUT AS TO THE GATE IT WAS 2020.
UM, I, NO, DID WHAT, WHAT? YOU HAD A BUNCH.
YOU SAID I, ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? OKAY, DO I HAVE A MOTION, MS. LAMB? I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER B D A 2 23 DASH ZERO 11 ON APPLICATION OF SAUL, HOW DO YOU PRONOUNCE IT? LAST NAME
ANY DISCUSSION? UH, QUESTION MORE DISCUSSION.
UM, SINCE AND AS IT WAS PRESENTED THAT THIS MOTION IS LUMPING ALL FOUR OF THIS, UM, AND THIS IS MORE CLARIFICATION FOR THE, UH, STAFF HERE.
COULD WE HAVE THIS DONE WITHOUT PREJUDICE AND THEN A REAPPLICATION BE MADE FOR JUST THE, THE GATE ALONE? BECAUSE WITH PREJUDICE THAT'S BEING, THEY CANNOT COME BACK TO TWO YEARS AND THEY COULDN'T REFILE ANYTHING PERTAINING TO FENCE HEIGHT FOR THIS PROPERTY.
IF YOU DENY WITHOUT PRE, THIS MOTION CARRIES TO DENY WITH PREJUDICE, THEY CAN'T RETURN BACK FOR TWO YEARS TO THE BOARD WITH ANOTHER FENCE STANDARDS, SPECIAL, EXCEPTIONAL REQUEST FOR TWO YEARS.
HOWEVER, IF WE DID IT WITHOUT PREJUDICE, THEN TOMORROW AND THEN WHATEVER, THIS, IT COULD JUST BE PERTAINED TO OFFENSE.
IF YOU DENY, IF THIS MOTION CARRIES TO DENY WITH PREJUDICE, THEY HAVE TO WAIT TWO YEARS TO COME BACK WITH ANOTHER FENCE STANDARDS SPECIAL EXCEPTION.
I MEAN, I, I MADE THE MOTION TO DENY WITH PREJUDICE.
CAUSE THIS NEIGHBORHOOD HAS BEEN FILING COMPLAINTS WITH THE, WITH THE, UM, CODE COMPLIANCE SINCE 2019.
UM, AND IT'S ONLY NOW BEFORE WE HAVE DISCUSSION, WE NEED TO, UH, OH, SORRY, THERE WAS A SECOND.
SO, YOU KNOW, THIS, THIS NEIGHBORHOOD CLEARLY, YOU KNOW, THE DEVELOPMENT CODE AND THE INTENTION OF, OF THE DEVELOPMENT CODE TO THIS NEIGHBORHOOD WAS SET FORTH FOR REASON.
UM, AND I'M REALLY UNCOMFORTABLE WITH SOMEBODY CONSTRUCTING AND ASKING PERMISSION LATER, THE NEIGHBORHOOD'S BEEN ASKING FOR CODE TO LOOK AT THIS TRIP SINCE 2019.
UM, YOU KNOW, THEY'VE BEEN WAITING FOR FOUR YEARS FOR RELIEF.
UM, AND I JUST, I THINK IN TERMS OF, YOU KNOW, SUPPORTING THE NEIGHBORHOOD AND, AND THE FACT THAT THIS IS ADVERSELY AFFECT THE NEIGHBORING PROPERTIES THAT, UM, NOT COMING IN FRONT OF OUR BOARD TO HAVE THIS BATTLE AGAIN, THE NEXT TWO YEARS WOULD BE, IT WOULD BE A RELIEF.
NO, WE CANNOT, MRS. LAMB, I'M MOTION.
UM, AND ALSO I THINK ON TOP OF THAT, THE ATTEMPT MISLEAD, THE BOARD WITH THE LETTERS WAS STRONGLY FROM, IN MY MIND.
UM, I WOULD ALSO SUPPORT THE WITHOUT PREJUDICE, BUT TO ME, I THINK AT THIS POINT, HIS, HIS COMMENT PHASE AND THEY'VE HAD AN OPPORTUNITY TO FIX IT THAT THEY HAVE, THAT HAVEN'T, AND TO FURTHER THAT, I MEAN TO SAY THAT THE CITY WAS SHUT DOWN AND WE DON'T, WE WEREN'T AWARE OF THE DEVELOPMENT CODE AND STANDARDS WHEN WE CONSTRUCTED ALL THIS.
YOU KNOW, THAT THAT'S, THAT'S ALSO TO ME, THAT'S SOMETHING THAT'S WEIGHING, UH, ON MY DECISION.
UM, IN TERMS OF IT, IT'S THEIR JOB.
YOU'RE SUPPOSED TO ABIDE BY THE STANDARDS OF THE NEIGHBORHOOD TO SIT THERE AND CONSTRUCT SOMETHING AND SAY, WELL, WE DIDN'T KNOW AS PART OF DEVELOPMENT STANDARDS I HAVE AN ISSUE WITH.
SO THAT'S WHY I REALLY PUSHED FOR, AND I, I DON'T THINK I'VE EVER MADE A MOTION TO, UM, DENY WITH PREJUDICE, BUT I THINK THIS CASE IS, UM, BECAUSE OF, OF THE NEW NUANCE RULES, UM, THAT MY FELLOW BOARD MEMBERS HAVE STATED.
AND THE FACT THAT, UM, YOU KNOW, THEY'VE CONSTRUCT THIS AND, AND SO THEY DIDN'T KNOW ABOUT THE DEVELOPMENT CODE.
I HAD A BIG ISSUE WITH, THIS IS A LITTLE STICKY BUTTON OVER HERE.
UM, I AM IN AGREEMENT WITH THE MOTION TO, UM, DENY WITH PREJUDICE.
I WAS, SINCE THIS IS VERY, UM, YOU KNOW, WITH THIS ACTION AS ALWAYS, I POINT AND I WANNA MAKE TO MAKE SURE THAT WE ARE GOING ABOUT THE RIGHT WAY.
HENCE MY QUESTION AS TO WITH AND WITHOUT.
UM, SO THANK YOU STAFF FOR MAKING THAT CLARIFICATION HERE.
BUT, UM, AGAIN, I'M JUST GONNA REITERATE THAT THE, UM, THE NEIGHBORS, THEIR OPPOSITION, BUT FURTHERMORE, THE FACT THAT I DO FEEL THE BOARD WE WERE MISLED.
I KNOW WE CAN'T PIN DOWN ANY EXACT DATES, BUT, UH, JANUARY, 2019 TO 20 20, 20 21, THAT'S A BIG DIFFERENCE IN TIME.
UM, WHICH WAS MISREPRESENTED TO US, I FEEL.
AND THEN GOING TO CODE COMPLIANCE, IF THIS IS SOMETHING THAT THE NEIGHBORS HAVE GONE ON RECORD OF SAYING THIS IS IN VIOLATION OF THE
[01:55:01]
CITY CODE, THAT IS A RECORD THAT WE CAN EASILY PULL UP AND, AND VERIFY THAT.SO I, I STAND BY MY FELLOW BOARD MEMBERS AND OUR MOTION TO, UH, DENY WITH PREJUDICE.
ALRIGHT, CAN WE HAVE A VOTE, MR. FEENEY? AYE.
MS. LAMB? AYE MADAM CHAIR, AYE FIVE TO ZERO MOTION PASSES AND THAT THE APPLICATION IS DENIED WITH PREJUDICE.
AND THAT CONCLUDES OUR BOARD OF ADJUSTMENT HEARING ON MARCH 22, UM, AT 2:56 PM PERFECT.