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[Board of Adjustments: Panel C on May 15, 2023.]
OF ADJUSTMENT PANEL C, MEETING ON MAY 15TH, 2023.I'M THE VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND THE PRESIDING OFFICER OF PANEL C.
UH, QUICK INTRODUCTIONS, UH, TO MY LEFT IS MS. KAY P*****K.
UH, IN THE ETHER IN THE RED, YOU'LL SEE MR. ROGER SASHING, UM, MR. JARED SLADE AND MR. ROGER MILL.
UM, THESE ARE PERMANENT MEMBERS OF PANEL C AND SERVED FOR LUNCH.
UH, TO MY RIGHT, WE HAVE A BOARD ATTORNEY, UH, MATTHEW SAPP.
UH, WHAT DID WE DECIDE MR. MOORE BOARD ATTORNEY EMERITUS, UH, TO HIS RIGHT IS STEVE LONG, WHO IS THE BOARD ADMINISTRATOR CONSULTANT.
UH, TO HIS RIGHT IS, UH, DIANA BARUN, DEVELOPMENT CODE SPECIALIST.
UH, TO HER RIGHT IS RIGHT IS RELATIVE TO ME.
CAMIKA MILLER COSTUME SENIOR PLANNER.
UH, THEN WE HAVE GIANNA BRIDGES SENIOR PLANNER, AND NORA CAST DEVELOPMENT CODE SPECIALIST.
UH, IN BLUE IS, UM, MS. MARY WILLIAMS, WHO IS THE, OUR BOARD SECRETARY.
ON A QUICK NOTE, UM, I FOUND OUT AT 1147 LAST NIGHT THAT WE WERE GONNA BE WITHOUT PRINTOUTS COFFEE OR LUNCH.
WHEN I GOT HERE AT NINE, MS. WILLIAMS HAD COFFEE, LUNCH, AND PRINTOUTS SORTED OUT.
SO THAT WAS, THAT SAVED MY DAY.
ALSO, A QUICK THANK YOU TO ALL THE PEOPLE OUT THERE WHO ARE WORKING ON THE CITY'S DATA BREACH OR WHATEVER.
UH, WE'RE, WE'RE WORKING SHORTHANDED BECAUSE OF ACCESS TO INFORMATION.
SO THANK YOU FOR, FOR YOUR PATIENCE IN, IN ADVANCE.
AND THANK YOU TO THE PEOPLE WHO ARE OUT THERE WORKING ON IT.
I KNOW IT'S, IT'S PROBABLY NOT A VERY FULFILLING JOB RIGHT NOW.
UM, UH, COUPLE OF QUICK THINGS, UH, QUESTIONS, UH, ANUR THROUGH THE, THROUGH THE PRESIDING OFFICER, UH, ALL DECISIONS, UH, WILL BE, UH, ALL FINAL DECISIONS WILL RESULT IN A LETTER TO THE APPLICANT.
UH, AFTERWARDS, NO, NO DECISION.
THE BOARD MAKES SUCH PRECEDENT.
UM, UH, WE WILL GIVE, UH, THE APPLICANT 10 MINUTES, AN OPPOSITION 10 MINUTES, AND, UH, APPLICANT WILL HAVE A, A FIVE MINUTE REBUTTAL.
IF WE NEED MORE TIME, WE WILL ADJUST AND DO IT ON AN EQUAL BASIS.
IF YOU'RE SPEAKING, YOU HAVEN'T FILLED OUT THE BLUE SHEET THAT MS. WILLIAMS HAS, YOU DO HAVE IT RIGHT.
IF, IF, IF YOU'RE GOING TO SPEAK AND PLEASE FILL OUT THAT SHEET AT SOME POINT.
UM, FIRST THING WE NEED IN ORDER TO HAVE A LEGAL HEARING, WE NEED TO SUSPEND OUR RULES.
SO I MOVE THAT, UH, WE, THE BOARD SUSPEND, UH, OUR RULES OF PROCEDURES, SPECIFICALLY SECTION SIX A 16, WHICH READS NO LATER THAN SEVEN DAYS PRIOR TO EACH BOARD OF PANEL MEETING, DISTRIBUTE TO EACH MEMBER AND MAKE AVAILABLE TO THE PUBLIC COMPLETE AGENDA AND CASE DOCKET MATERIALS.
THE BOARD OR PANEL BY MAJORITY VOTE, CAN STILL HEAR THE NOTICE CASES, EVEN IF THE AGENDA AND CASE DOCKET MATERIALS WERE NOT DISSEMINATED IN ACCORDANCE WITH THIS PARAGRAPH.
DO I HAVE A SECOND? AYE SECOND.
ANY DISCUSSION? ALL IN FAVOR, PLEASE SAY AYE.
FURTHER VOTES WILL BE TAKEN BY ROLL CALL FOR MS. WILLIAMS. UM, NEXT ORDER OF BUSINESS.
UH, DOES ANYBODY HAVE A MOTION CONCERNING ON MINUTES? UM, THE DATE OF THE MEETING WAS NOT.
APRIL NOT, IT MIGHT HAVE BEEN WELL, OUR MINUTES FROM VICE CHAIR.
I MOVED THAT, UH, THIS PANEL C OF BOARD OF ADJUSTMENT APPROVE.
ITS MINUTES DATED FEBRUARY 23RD, 2023.
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THING WE'LL DO IS CALL OUR CONSENT AGENDA, UH, WHICH UNLESS, UH, HAS, HAS ANYTHING COME IN OVER LUNCH THAT WOULD CHANGE OUR CONSENT, THAT WOULD PULL ANYTHING? NO.SO THAT MEANS, UH, IS THERE ANYONE WHO WANTS TO SPEAK ON THE TWO CONSENT AGENDA ITEMS, WHICH ARE, UH, 10 17 NOMA STREET AND 55 0 5 SOUTH POPE STREET? WE HAVE A, I BELIEVE WE HAVE A SPEAKER ON NOMA STREET.
ALL THE SPEAKERS IN OPPOSITION ARE IN, IN FAVOR, THE TWO REPRESENTATIVES IN FAVOR.
SO WE'RE THE, THE BOARD IS INCLINED TO GRANT THE MOTION AS ASKED AS PART OF OUR CONSENT AGENDA.
UM, YOU'RE MORE THAN WELCOME TO, UH, SPEAK, AND ESPECIALLY IF IN FACT YOU WANT SOMETHING DIFFERENT THAN WHAT YOU ASKED FOR.
SO IF, IF WHEN YOU SPEAK, YOU, YOU WOULD INTRODUCE, NOW ARE YOU SPEAKING IN, IN FAVOR OR IN OPPOSITION? THEN LET'S HAVE THE, THE APPLICANT.
SO, SO WE'RE, THIS WILL COME OFF OF THE, THE, UM, CONSENT AGENDA.
SO WE'LL CALL THAT CASE, UH, IN DUE COURSE THEN.
SO WE'RE NOW DOWN TO ONE CASE ON OUR CONSENT RECORD, SIR? NO.
UM, DO I HAVE A MOTION ON A, SO I WILL CALL, UH, BDA 2 2 3 DASH 0 4 1 5.
ARE THERE ANY SPEAKERS IN FAVOR? ARE THERE ANY SPEAKERS IN, IN OPPOSITION? OKAY, MR. CHAIR, I HAVE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATION LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY IN ALL RELEVANT E EVIDENCE, THAT THE APPLICATION SATISFIES ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENTAL CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS A POLITICAL VAULT TO VDA 2 23 DASH FOUR ONE APPLICATION OF CARL CROWLEY, OR A SPECIAL EXCEPTION FOR TREE PRESERVATION TO THE FRONT YARD SETBACK REGULATION IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
HEARING NONE, MS. WILLIAMS, WILL YOU, UH, CALL TO VOTE? MR. MILLIKIN? AYE.
SO WE'LL, UH, WE'LL GO FROM THE TOP DOWN.
SO WE ARE NOW AT BDA 2 2 3 DASH 0 3 1 1 7 1 3 EAST EAST BOULEVARD ARE THEIR SPEAKERS.
UM, WE NEED TO SWEAR YOU IN MS. WILLIAMS, IF YOU, IF YOU'RE GONNA SPEAK ON THIS CASE, UH, PLEASE STAND UP AND LET MS. WILLIAMS, UH, SWEAR YOU IN.
DO YOU 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, PLEASE.
IF THE APPLICANT IS SPEAKING, I CAN'T HEAR THEM.
MR. STON, CAN YOU HEAR HIM NOW? YES.
UH, IF HE JUST SAID I'LL START OVER, YES, I CAN.
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GOOD.MR. CHAIRMAN, MEMBERS OF THE BOARD, MY NAME IS PETER KAVANAUGH.
MY ADDRESS IS 1620 HANLEY DRIVE IN DALLAS, REPRESENTING SHANNON FENDOR, WHO YOU JUST SAW STANDING, UH, NEXT TO ME A FEW MOMENTS AGO.
OUR REQUEST IS FOR A SPECIAL EXCEPTION FOR FENCE HEIGHT AND, UH, UH, PORTIONS OF OUR FENCE WITH A SURFACE OF LESS THAN 50% OPEN SPACE ON A POR UH, ON, ON IT.
UH, WE HAVE SOME SLIDES THAT GO THROUGH 'EM.
I THINK I CAN GO THROUGH 'EM PRETTY FAST IF SOMEONE CAN MAKE THE NEXT ONE COME UP REAL QUICK OR IS THAT MY JOB? MIGHT I DO THAT? NO, JUST LET ME KNOW WHENEVER YOU WANT TO GO FOR THE NEXT SLIDE.
UH, WE HAVE A, BASICALLY AN OPEN FIELD ON, ON EAST.
EAST, RIGHT ACROSS THE STREET IS AN ELEMENTARY SCHOOL AND A COUPLE OF BASEBALL FIELDS.
THAT'S THOSE TWO LARGE TRACKS YOU SEE RIGHT THERE.
AND THE AREA IN RED IS OUR PROPERTY.
ACROSS THE VERY FRONT OF THE PROPERTY, WE'RE PROPOSING A FENCE.
UH, THAT'LL BE SIX FEET IN HEIGHT.
UH, WE SENT A LETTER OUT EARLY ON TO ALL OF OUR NEIGHBORS, INCLUDING THE SCHOOL AND EVERYBODY ELSE THAT WAS WITHIN A PRETTY GOOD DISTANCE OF OUR PROPERTY.
UH, THIS IS THE LETTER THAT, THAT WE SENT OUT, BASICALLY JUST SAID WHAT WE WERE DOING.
UH, THERE WAS ONE LETTER RETURNED TO YOU IN OPPOSITION TO OUR REQUEST.
UM, AND THAT WAS FROM, UH, MS. SHEILA JOHNSON.
AND I'VE BEEN IN CONTACT WITH HER SINCE THAT TIME.
UH, THIS IS HER, UH, OUR LAST EMAIL EXCHANGE.
THAT MIGHT HAVE BEEN THIS MORNING.
BUT IN THE YELLOW YOU WILL SEE IT SAYS, UH, THANK YOU FOR RESPONDING TO MY EMAIL WITH ALL THAT HAS BEEN SAID IN THE EMAIL FROM YOU.
I APPROVE THE ADDED FENCE, UH, ADDED HEIGHT TO THE FENCE.
AND WHAT HER CONCERN WAS, WAS A PRETTY GOOD ONE.
SHE WAS AFRAID WE WERE GOING TO BASICALLY HAVE SOME KIND OF A OPERATION.
WE WERE RAISING FARM ANIMALS, YOU KNOW, BASICALLY MAKING IT A FARM.
AND, AND SHE LIVES RIGHT BEHIND THERE.
SHE WANT THIS, THE NOISE AND THE, AND THE SMELLS OF THE FARM.
SO THAT WAS REALLY HER CONCERN.
BUT, BUT THE FENCE ITSELF, SHE SAYS SHE'S FINE WITH THAT.
AND, UH, AND ALSO I ASSURED HER THAT HER, THAT THE DALLAS ZONING ORDINANCE PROVIDES THAT YOU MUST HAVE AGRICULTURE ZONING TO RAISE ANIMALS.
YOU CAN PLANT TREES AND, AND HAVE ALL KINDS OF GROWING SHRUBS AND THINGS, BUT YOU CAN'T HAVE, UH, UH, COWS AND PIGS AND CHICKENS AND ALL THAT RAISED OUT THERE.
YOU HAVE TO HAVE A, A DIFFERENT ZONING AND, UH, I'M SURE THAT WOULD NOT BE SUCCESSFUL.
THAT WAS JUST A ENLARGEMENT OF HER EMAIL.
UH, THE BLUE THERE IS OUR, OUR PROPOSED FENCE.
IT WOULD GO FROM BASICALLY ONE END OF OUR PROPERTY TO THE OTHER.
THERE'S A DRIVEWAY IN THE MIDDLE.
THAT WE'LL MEET THE, UH, UH, THE, UH, VISIBILITY TRIANGLES ON THAT DRIVEWAY.
OUR FENCE WILL BE WR IRON TO MATCH THE BASEBALL FIELD ACROSS THE STREET.
SO WE'D HAVE A 50 FOOT RUN OF WR IRON AND THEN A 40 FOOT RUN OF SOLID WOOD.
KIND OF GIVE A BREAK UP THE LOOK AND GIVE IT A LITTLE, WE THINK A LITTLE BIT BETTER.
SO, UH, IT WOULD BE, UH, ALTERNATING PANELS, A 50 FEET LONG OF THE WRT IRON AND 40 FEET LONG PANELS OF, UH, SOLID WOOD FENCE.
THERE'S THE PROPERTY KIND OF HIGHLIGHTED WHERE THE FENCE WILL BE, JUST AN AERIAL PHOTO.
IT'S RIGHT NOW KIND OF AN OPEN FIELD.
SHANNON HERE IS WITH US, HAS OWNED THE PROPERTY FOR QUITE A WHILE, AND HE RAISES FRUIT TREES BACK THERE.
THEY ACTUALLY HAVE A BOX FOR, UH, BEES.
SO THE, UH, THE BEES ARE THRIVING THERE.
THESE ARE JUST PROPERTY PICTURES OF THE PROPERTY.
THERE'S SOME OF THE FRUIT TREES, UH, IN THE SPRINGTIME.
THIS IS THE FENCE ACROSS THE STREET, THE BASEBALL FIELD THAT WE'RE MATCHING IN FAR AS OUR OUR OPEN PANELS.
UH, THAT'S THE SCHOOL, UH, THAT AGAIN, BASEBALL FIELD ACROSS THE STREET.
YOU CAN'T SEE THE SCHOOL FENCE CUZ THERE'S THIS, THERE IT IS.
IT'S A, JUST A REGULAR SIX FOOT RODT IRON.
UM, AND SHANNON CUTS THE FRONT IN THE BACK.
THERE'S THE WILD FLOWERS GROWING TO KEEP THE BEES HAPPY.
SO, UH, THEY'RE LIVING A PRETTY GOOD LIFE BACK THERE.
BUT, UH, UH, THAT'S PRETTY MUCH THE END OF OUR PRESENTATION.
AND OUR, UH, OUR REQUEST AGAIN IS FOR AN EXTRA TWO FEET.
UH, THE ZONING ALLOWS FOUR, WE'RE ASKING FOR SIX.
THIS IS PURELY FOR SECURITY OF THE PROPERTY TO MAKE IT MORE DIFFICULT FOR PEOPLE TO GO IN AND TAKE OUR TREES OR OUR BEES.
THANK I'D STOP HERE AND AGAIN, ANSWER YOUR QUESTIONS.
I HAVE A THOUGHT, WHICH IS THAT YOU'RE AN AMBITIOUS THIEF IF YOU STEAL A BUNCH OF BEES, BUT, UM, I BET IT'S, IT MAY BE WORTH OTHER QUESTIONS.
SO, SO YOUR, YOUR INTENT IS TO CONTINUE, UM, THE SAME USE? ABSOLUTELY, YES, SIR.
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THE INTERSPERSED WOOD? IT WAS JUST SHANNON'S ID, I THINK IT WAS JUST A DESIGN ID ON HIS PART.DOES IT I HAVE NO, MR. STON, DO YOU, I JUST WANNA MAKE SURE I GET TO YOU.
ARE THERE FURTHER SPEAKERS IN SUPPORT? I DON'T BELIEVE SO.
ARE THERE SPEAKERS IN OPPOSITION? YES, SIR.
WE HAVE THREE SPEAKERS ONLINE.
UH, CAN YOU SWEAR THEM ALL IN OR DO WE NEED TO DO IT ONE AT A TIME? MAYBE YOU WANT, OKAY.
BEN HILLMAN AND I, I DON'T KNOW THAT THIS IS THE PROPERTY THAT, UM, I'M HERE TO SPEAK ON.
UH, SO NO OTHER SPEAKERS, SIR.
UM, I PRESUME YOU DON'T WANT TO REBUT YOURSELF.
UH, IS THERE A MOTION MR. CHAIRMAN? I HAVE A MOTION.
MS. P*****K, I MOVED AT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 2331 ON APPLICATION OF SHANNON NANDOR GRANT THREE, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT HIGH FENCE AS A SPECIAL EXEMPTION 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 THE SPECIAL EXEMPTION 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 FOR A SECOND VICE TO YOUR A SHALL SECOND.
MR. SLADE SECONDS DISCUSSION, PLEASE CALL VOTE.
NEXT, UM, EXCUSE ME, JUST BEFORE WE PROCEED TO THE NEXT, CAN I, CAN SOMEONE PLEASE EMAIL ME THE PROBABLY OH, THAT'S TRUE.
THERE IS A SECOND MOTION HERE.
UH, MR. STON, WE'RE WORKING ON THAT.
DO YOU, UH, IS IT OKAY IF WE, IF WE PROCEED WITH THE SECOND MOTION ON THIS CASE? ABSOLUTELY.
I MOVED AT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 3 3 31, AN APPLICATION OF SHANNON FENDOR GRANT REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXEMPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXEMPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN AND EVALUATION IS REQUIRED.
UM, DISCUSSION? ALL THOSE IN FAVOR? UH, I'M SORRY.
MS. MS. WILLIAMS, PLEASE VOTE.
TIM, WE'RE ABOUT TO GET YOU THE MOTIONS HERE IF YOU, UM, SO THERE YOU GO.
IS IT SINE, IS THAT HOW YOU PRONOUNCE THE, THE ROAD SINE? OKAY.
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SO THE NEXT CASE IS BDA 2 23 DASH OH 3 3 38 39 SINE DRIVE THE APPLICATION OF CHRIS JENT FOR SPECIAL EXCEPTIONS TO DEFENSE STANDARDS REGULATIONS.UH, WHO IS HERE TO SPEAK ON THE MATTER E EITHER FOR OR AGAINST? AND IS THIS WHERE WE HAVE ONLINE SPEAKERS, MS. WILLIAMS? SO CAN YOU SWEAR EVERYONE IN AT THE SAME TIME? OKAY.
DO YOU ALL SWEAR AND AFFIRM TO THE, TO TELL THE TRUTH OR YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? ANSWER? I DO.
MAKE SURE YOU STATE YOUR NAME AND ADDRESS BEFORE YOU PROCEEDING.
HAVE YOU GUYS ALL FILLED OUT THE, UH, SPEAKER CARDS? DO YOU HAVE THAT FROM EVERYONE? OKAY.
SOMEBODY PRESENTATION PURPOSE.
CAN I GIVE THIS TO SOMEBODY FOR PRESENTATION PURPOSES? IT'S A MAP OF THE AREA AND SIGNATURES THAT WE COLLECTED THEY ASKED US TO BRING TODAY.
HAVING DONE THAT, WHY DON'T YOU INTRODUCE YOURSELF AND GIVE YOUR ADDRESS AND THEN WE'LL ASK YOU QUESTIONS.
AND THAT'S ON OUR TIMES VICE CHAIR AND MEMBERS OF THE COUNCIL.
I'M THE C E O OF THE AVANT GROUP.
UH, MY ADDRESS IS 27 45 DALLAS PARKWAY, SUITE FOUR 60, UH, PLANO, TEXAS 75 93.
THANK YOU FOR THE, FOR, FOR THE VISUAL AID.
THAT REALLY HELPS JUST TO BE, THESE SIGNATURES ARE, WHAT, IS THERE SIGNATURES IN FAVOR OF? IS THERE, IS THERE A STATEMENT THAT COMES ALONG WITH IT? FENCE VARIANCES APPROVAL? YEAH, THE FENCE VARIANCE APPROVAL TO THE HYPE AS WELL AS THE 50% OPEN.
I'M JUST LOOKING FOR THE, IF THERE'S A STATEMENT THAT IT WAS ON THERE.
YELLOW IS THE, IS THE PROPERTY RED? I'M JUST NOT LOOKING AT RED.
RED IS, IS OUTSIDE OF THE RADIUS.
IS THAT RED IS ON THE SAME STREET OR AN ADJACENT STREET? UM, UM, BRANDON'S WITHIN, WITHIN HALF MILE OR LESS.
AND I GUESS I WANT HAVE YOU OPPOSITION SINCE OKAY.
YOU GUYS, I WANT TO SEE AND VERIFY THE SIGNATURES FOR ME.
I WON'T TAKE UP MUCH OF THE TIME AS I HAVE THE HOMEOWNER HERE, UH, THAT WOULD LIKE TO SPEAK FOR MOST OF THE TIME.
BUT I THINK AS A BUILDER WHAT'S IMPORTANT TO US IS THAT THE CITY'S, UM, CODE IS INTERPRETED CONSISTENTLY.
UM, AND SINCE THERE ARE NUMEROUS PROPERTIES IN THIS EXACT NEIGHBORHOOD THAT HAVE THE SAME THING IN PLACE, IT'S, UH, HELPFUL, F HELPFUL FOR US WHEN WE'RE BUDGETING, WHEN WE'RE FORECASTING, AND WHEN WE'RE PROVIDING EXPECTATIONS TO HOMEOWNERS ON CUSTOM BUILDS THAT WE CAN PROVIDE THE SAME STANDARDS ACROSS THE BOARD WITHIN THE SAME NEIGHBORHOOD.
SO FOR US, IT WOULD BE VERY HELPFUL IF EVERYTHING REMAINED, UH, CONSISTENT.
ONLY THING I WOULD CAUTION YOU IS THAT, UH, WE'RE UNIQUE IN THAT NO, NO DECISION WE MAKE ACTUALLY SETS A PRECEDENT.
YOU COULD COME IN WITH A PROPERTY NEXT DOOR AND BE IN FRONT OF ONE OF THEIR THREE PANELS, COULD BE A DIFFERENT SET OF PEOPLE.
I'D LIKE TO THANK, WE'RE CONSISTENT.
AND I'LL, I'LL LET THE HOMEOWNER SPEAK THE REST
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OF THE TIME.MR. SASHING, ARE YOU HEARING HIM? IS THE MIC ON? IT IS.
UM, MY ADDRESS IS 1 21 INWOOD ROAD, DALLAS, TEXAS 75 2 44.
AND NEXT WEEK MY ADDRESS WILL BE 38 39 SADINE, THE SUBJECT PROPERTY.
UM, THANKS EVERYONE FOR YOUR TIME, UH, APPRECIATE EVERYONE'S WORK ON THIS.
UM, AS EVERYONE KNOWS, THE REAL ESTATE MARKET'S BEEN A LITTLE BIT CRAZY.
WE'VE BEEN LOOKING FOR A HOME FOR MONTHS NOW AND CAME ACROSS THIS ONE.
WE'VE BEEN LOOKING AT MIDWAY HOLLOW AS A, AS A TARGET FOR OUR HOME FOR US TO PURCHASE FOR OUR FAMILY, UM, FOR MONTHS.
AND, UH, THIS IS DEFINITELY, UH, ONE THAT WE, THAT WE REALLY LOVE.
UM, I'M SURE EVERYONE CAN APPRECIATE THE, THE PRIVACY THAT AN EIGHT FOOT FENCE WOULD PROVIDE.
THAT'S WHAT, UH, THE APPLICATION IS FOR AN EIGHT FOOT PRIVACY FENCE.
AND, UH, I THINK THAT THE UNIQUE THING ABOUT THIS PROPERTY IS THAT, UH, THERE ISN'T ACTUALLY A BACKYARD DESIGNATED TO IT.
UM, SO IT WOULD HELP, UH, TO GET THIS VARIANCE FOR US SINCE, UH, THIS WOULD BE OUR ONLY OPPORTUNITY TO HAVE A PRIVATE BACKYARD, SO TO SPEAK.
UM, AND, UH, ALSO THE, THE MAIN LIVING AREA OF THE PROPERTY OVERLOOKS THIS SIDE YARD AROUND WHICH THE FENCE WOULD, UH, WOULD, WOULD SURROUND.
SO, UH, WE'D GET SOME ADDITIONAL PRIVACY AND SECURITY, UM, TO OUR MAIN LIVING AREA, THE KITCHEN AND THE LIVING ROOM BY HAVING THIS PRIVACY FENCE OUTSIDE OF THE WINDOWS, UH, OF THOSE ROOMS. UM, AND WE, YEAH, WE, WE HOPE TO ADD A SWIMMING POOL AS WELL SOMETIME IN THE FUTURE.
SO IT'D BE NICE TO HAVE THE PRIVACY FOR OUR FAMILY.
UM, AND AS, UH, AS CHRIS POINTED OUT THE, THE APPLICATION, BUT THE PLANNED APPLICATION DOESN'T VARY TOO MUCH FROM THE REST OF THE NEIGHBORHOOD.
UM, AND WE'LL, WE'LL MAINTAIN LANDSCAPING AND COVERING THAT'S CONSISTENTLY PRETTY WITH THE NEIGHBORHOOD AND THE NEIGHBORS.
AND AS THE, UH, THE DIAGRAM AND THE MAP THAT CHRIS PROVIDED SHOWS THE NEIGHBORS IN THE VICINITY ARE ON BOARD WITH THE, UM, ALL I'LL SAY IN ADDITION TO THAT IS, UH, JULIE AND I HAVE BETWEEN US FIVE SIBLINGS, 11 NIECES AND NEPHEWS, AND, UM, GETTING TO VISIT THEM THE PAST COUPLE OF YEARS, EVERYONE KNOW IS DIFFICULT.
UM, TRAVEL WITH COVID, THEY'RE SPREAD FROM, UH, HOUSTON TO NEW JERSEY.
SO WE'RE REALLY HOPING THAT, UH, THIS NEW HOME COULD BE A, A NICE CENTRAL PLACE FOR EVERYONE TO GET TOGETHER AND, UH, NICE PRIVATE YARD WITH A SWIMMING POOL AND HOPEFULLY ENTICE THEM TO COME VISIT US A LITTLE MORE OFTEN.
UM, WE JUST, UH, WE LOVE THE HOME AND THE NEIGHBORHOOD AND THIS WOULD BE, UH, I THINK A BIG PART OF MAKING THIS HOUSE OUR NEW HOME.
SO I, I SUSPECT THERE'LL BE QUESTION.
I, I DON'T KNOW IF YOU HEARD, UH, HEARD THE BRIEFING THIS MORNING, THE, THE BOARD HAD WE FAIR, WE, YOU KNOW, THAT THE, THE CITY HAS, UM, WE LACK ACCESS TO, TO MOST OF THE DRIVES, UH, HARD DRIVES IN THE CITY.
UM, THE BOARD HAD SOME QUESTIONS ABOUT, REALLY WANTED TO SEE WHAT, WHETHER WE COULD GET A SENSE OF WHAT THE NEIGHBORHOOD IS LIKE, AND WE WANT TO ABSOLUTELY CLARIFY WHAT YOU'RE ASKING FOR AND WHAT WE THINK IT IS.
UM, DO YOU HAVE PICTURES OR, OR, OR ANY WAY TO GIVE US A SENSE FOR, FOR WHAT THE NEIGHBORHOOD LOOKS LIKE? TYPICALLY THIS WOULD BE PART OF OUR, OUR, OUR BRIEFING, BUT WE DON'T HAVE ACCESS TO ALL OF IT.
SO WE'RE, SO THAT'S WHAT WE SEE AS FAR AS WHAT THE NEIGHBORHOOD LOOKS LIKE.
I BELIEVE WE HAVE BUILT AND SOLD APPROXIMATELY 90 HOMES IN THIS NEIGHBORHOOD OVER THE LAST SEVERAL YEARS, OF WHICH, UM, ALL OF THEM HAVE AN EIGHT FOOT SIDE-BY-SIDE CEDAR, UH, FENCE THAT ALLOWS FOR A, UM, PRIVATE BACKYARD.
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UM, IT IS, UH, THE, THE HOMES RANGE FROM 35, SORRY, 3,200 SQUARE FEET TO 4,500 SQUARE FEET.UH, MOST OF THEM ARE TWO STORIES.
UM, IF YOU HAVE SPECIFIC QUESTIONS AS TO THE LOOK, I COULD PROBABLY ANSWER 'EM, BUT DOES THAT GET US STARTED
I THINK THE QUESTION WAS, UH, THAT I WAS LOOKING, UH, TO GET AN ANSWER TO IS WHETHER OR NOT YOU HAD ANY, UM, PRESENTATION.
DO YOU HAVE, UM, FILES OR PICTURES THAT YOU COULD PRESENT THAT COULD HELP US GAIN, UM, BETTER PERSPECTIVE AS TO WHAT YOU ARE, UM, UH, WHAT YOU CURRENTLY HAVE OUT THERE AND WHAT YOU'RE PLANNING TO DO, UM, THAT YOU'RE SEEKING APPROVAL FROM THE BOARD? I DO NOT CURRENTLY HAVE THEM AS A, A PRESENTING, UH, TOOL.
THE, UH, EMAIL SOME PHOTOS TO THE, TO SOMEONE HERE THAT THEY COULD THEN SUBMIT AND USE.
ARE ARE YOU ABLE TO DO THAT? I MEAN, DO YOU WANNA TRY TO DO THAT IMMEDIATELY OR SHALL WE GIMME ONE SECOND TO TALK TO MY NUMBER, YOUR HONOR, THERE, THERE'S NO LIMIT TO DIGITAL EVIDENCE.
SO THAT'S, UH, SIR, SOMEONE HAVING, SO, SO WHAT I'M TRYING TO FIGURE OUT IS, IS WHETHER, I DON'T KNOW HOW QUICKLY THESE PICTURES CAN SHOW UP.
UM, SO I'M, I'M JUST, IS IT TA WHAT IS THE CORRECT WAY TO DO THAT? OKAY, SO WHAT I'D LIKE TO DO IS, IS HEAR THIS CASE AT THE END SO THAT YOU HAVE TIME TO PUT THAT TOGETHER IN EMAIL.
AND SO WE WILL, THE TECHNICAL WORD IS POSTPONED.
UH, WE WILL HEAR THIS LAST TO MS. WILLIAMS EMAILINGS.
DO I NEED TO TAKE THE VOTE? UM, MR. CHAIR, SIR.
UM, IS THIS SOMETHING THAT WE NEED TO, I, I GET, I GUESS, GET CONSENSUS OR, UH, AGREEMENT FROM THE OPPOSITION, UM, BEFORE WE MAKE THAT DECISION? NO, I DON'T THINK THE OPPOSITION HAS, HAS SAY IN IT, BUT I, I DO WANT AGREEMENT AMONGST THE MEMBERS IF ANYBODY THINKS WE SHOULDN'T DO THAT.
I JUST DIDN'T WANNA OPEN, OPEN US UP TO ANY, YOU KNOW, COMPLAINT FROM OPPOSITION.
SO, BUT YES, I'M FINE WITH IT.
AND I WOULD SAY THIS GOES TO, IF, IF THERE'S OPPOSITION THERE, THIS IS ALSO A TIME TO, TO SEND PICTURES OR PRESENTATION THAT YOU MAY HAVE.
UM, SO DO I NEED TO MAKE A, A, A STATEMENT SO WE WE WILL POSTPONE THIS, UH, UNTIL AFTER THIS WILL BE THE FINAL CASE.
SO CAN I MAKE A QUICK COMMENT? I'M, I'M SORRY, I, I'M SORRY.
UM, I, I WAS INSTRUCTED THAT PRESENTATIONS, UM, SHOULD BE SUBMITTED BY 6:00 AM THE MORNING OF THE MEETING.
THE, THE REASON THIS IS DIFFERENT IS THAT THE, THE CITY'S HAVING IT PROBLEMS TO THE POINT WHERE WE WEREN'T ABLE TO, TO RECEIVE A, UH, A FULL BRIEFING.
AND SO THAT, THAT'S WHY WE'RE, WE'RE DEVIATING FROM WHAT'S CUSTOMARY.
UM, BUT IF THE, IF WE END UP, SO ONE OF THE DECISIONS WE'RE GONNA HAVE TO MAKE IS WHAT DO WE HAVE ENOUGH INFORMATION TO EVEN MAKE A DECISION? SO THAT, THAT'S WHY I'M TRYING TO DO IT, UH, IN ORDER TO, TO GIVE THE APPLICANT A HEARING, UH, THAT WE'VE ALREADY POSTPONED ONCE FOR TECHNOLOGICAL REASONS.
BUT, BUT, BUT YOU'RE, I HEAR YOU.
[00:35:01]
WE NOW MOVE TO BDA 2 23 DASH OH 3 6 10 17 NOMA STREET APPLICATION OF BRENT JACKSON FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS.UH, IF YOU ARE GOING TO SPEAK ON THIS CASE, IF YOU PLEASE STAND AND BE SWORN IN.
ARE THERE, UH, ONLINE SPEAKERS THAT I DID NOTICE? SOMEBODY WALK IN NEAR THE END.
ARE YOU, ARE YOU HERE FOR THIS CASE, SIR? YOU ARE.
YES, THAT'S, OH, I, I WAS, I JUST WANNA MAKE SURE IF HE WANT TO SPEAK YOU SWORN IN.
MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH, UH, IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
PLEASE, UH, BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
SO THESE ARE SPEAKERS FOR THE APPLICATION OF THE APPLICANT ITSELF? YES.
MR. VICE CHAIR, MEMBERS OF THE BOARD, GOOD AFTERNOON.
MY, UH, OFFICE ADDRESS IS 23, UH, UH, 2323 VICTORY AVENUE, SUITE 700, DALLAS, TEXAS 75,219.
I AM, UH, HERE TO REQUEST A NINE FOOT VARIANCE TO THE FRONT YARD, SET BACK REGULATIONS AT 10 17 NOMA STREET.
THIS IS A GOOD QUALITY, ENVIRONMENTALLY FRIENDLY HOME THAT IS OWNED BY JACOB GILLIAN, SORRY, MR. SESSIONS? YES.
ARE YOU TRYING TO GET OUR ATTENTION? CAN, CAN YOU HEAR ME? YES.
THIS IS, THIS IS A GOOD QUALITY, ENVIRONMENTALLY FRIENDLY HOME OWNED BY JACOB GILLIAM.
MR. GILLIAM PURCHASED THE HOME UNAWARE THAT THERE WAS ANY VARI, UH, ANY SETBACK ISSUE UNTIL HE NOTICED, UM, NOTIFICATION SIGNS ON THE HOUSES ON EITHER SIDE OF HIS HOUSE.
UM, AT WHICH POINT HE, HE BECAME CONCERNED THAT HIS HOUSE MIGHT ALSO HAVE AN ISSUE.
UM, THE VARIANCES TO THOSE OTHER HOMES, UH, WAS GRANTED.
UM, AND I KNOW EACH, UH, EACH APPEAL HAS TO STAND ALONE, BUT THAT NEGATES ANY BLOCK FACE CONTINUITY CONCERNS.
ADDITIONALLY, THE SHAPE OF THESE LOTS, UM, MERITS OF VARIANCE BECAUSE THESE LOTS ARE SMALLER THAN OTHER LOTS, ALSO ZONED R FIVE A IN THE AREA.
THEY'RE ALSO SLIGHTLY WIDER, BUT MUCH SHORTER.
AND SO A 10 FOOT, UM, TAKING OFF OF THE FRONT OF THAT LOT IS A SUBSTANTIALLY LARGER PERCENTAGE TAKING THAN WOULD BE ON, UM, MOST OF THE LOTS IN THE AREA, WHICH I BELIEVE YOU CAN SEE IN THE APPLICATION MATERIALS.
UH, TO THAT END, IT WOULD BE IN THE INTEREST OF JUSTICE TO HAVE GRANTED A VARIANCE IN THE FIRST INSTANCE.
UNFORTUNATELY, THAT'S NOT WHAT HAPPENED.
THERE WAS, UH, HONEST HUMAN ERROR.
IT, IT TOOK A LITTLE BIT OF TIME TO FIGURE OUT IF THERE WAS AN ISSUE, IF SO, WHAT THAT ISSUE WAS.
UM, THIS IS, THIS IS JUST A SITUATION WHERE IT'S UNFORTUNATE.
UM, AND, AND YOU KNOW, THE HOPE IS THAT WE CAN, WE CAN MAKE LEMONADE OUT OF THESE LEMONS BECAUSE THE, THE ONLY WAY TO COME INTO LITERAL COMPLIANCE WITH THE SETBACK ORDINANCE WOULD BE TO COMPLETELY DEMOLISH THE HOUSE, UM, REDESIGN IT AND, AND REBUILD IT.
COST OF THAT WOULD BE SUBSTANTIAL.
UM, I KNOW THERE WAS SOME DISCUSSION OF THE HB 1475 ISSUE EARLIER.
UM, I THINK THERE WOULD BE GROUNDS TO, TO GRANT A VARIANCE UNDER THAT, BUT THE, THE SHAPE OF THE LOT AND THE SIZE OF THE LOT IN AND OF ITSELF, IN ADDITION TO THE FACT THAT THERE'S ALREADY A HOME THERE, THERE'S ALREADY A PERSON LIVING THERE, UM, WOULD ALSO BE INDEPENDENT GROUNDS ON WHICH OF VARIANCE COULD BE GRANTED.
AND WITH THAT, I WOULD TAKE THE BOARD'S QUESTIONS.
DO YOU KNOW, UH, WHEN THE OTHER BOARD CA, MS. HA, DR.
MILLER HOSKINS, SORRY, IT'S, UM, UH, YOU CALLED IT OUT, IT'S MAYBE ON YOUR SLIDE AND WE SORT OF GLANCED BY.
DO YOU, DO YOU KNOW WHEN THOSE CASES WERE? I BELIEVE THAT WAS JANUARY PANEL A HEARD BOTH OF THEM AND GRANTED BOTH OF THEM JANUARY OF THIS YEAR? I BELIEVE SO.
OH, WAS, SO, UM, I DON'T THINK MY SLIDE ACTUALLY SHOWS THE DATES THAT THE HEARING TOOK PLACE, BUT THEY VERIFIED, SOUNDS LIKE THERE'S AGREEMENT HERE THAT IT WAS JANUARY, BUT, UH, I DON'T NEED THE EXACT DATE.
IT WAS, IT, IT WAS WHERE WAS THIS
[00:40:01]
CALENDAR YEAR? YES.THE DATES THAT I HAVE FOR DATE VERIFIED FOR THOSE PAGES RANGE FROM DECEMBER, 2022 TO MARCH OF FIFTH AGO.
AND WHEN, WHEN WAS THE HOUSE COMPLETED? I BELIEVE THE HOUSE WAS COMPLETED, UH, LATE SUMMER 2021.
AND IT WAS, IT WAS SOLD TO MR. GILLIAN.
HE PURCHASED IT, UH, AUGUST 25TH, 2022.
SO THE SIGNS, SO THE SIGNS CAME UP, THE SIGNS WOULD'VE GONE UP, I BELIEVE, IN DECEMBER.
SO WHAT TRIGGERED THIS APPLICATION? DID CODE COME BY? AND THERE WERE ISSUES WITH, UM, I BELIEVE WITH GETTING UTILITIES TURNED ON TO THESE HOUSES.
UM, AT THAT POINT, A A, AN APPLICATION FOR VARIANCE WAS FILED AS TO 10, 11 AND 10, UM, 10 21 NOMA STREET ON EITHER SIDE.
IS THIS A RELATIVELY NEW EASEMENT THAT WAS GIVEN OF NO, THE, THE EASEMENT IS OLDER.
UM, I THINK NOBODY THERE, THERE MUST HAVE JUST BEEN A MEASUREMENT TAKEN FROM, FROM THE CURB.
AND THESE HOUSES ARE, UH, 20 PLUS FEET BACK FROM THE CURB.
UM, SO IT, IT, I THINK IT MAKES SENSE THAT THAT'S JUST WHERE THE MEASUREMENT WAS TAKEN FROM.
UM, WHETHER THAT WAS BECAUSE THERE WAS A BELIEF THAT THAT WAS THE, THE EASEMENT LINE, OR WHETHER THERE WAS JUST A MIX UP AS TO WHETHER THERE, THERE WAS A RIGHT OF WAY EASEMENT OR NOT.
UM, BUT THERE IS SUBSTANTIAL SETBACK FROM THE CURB.
THERE'S NOT A HEALTH OR SAFETY PROBLEM.
UM, THERE'S NOT AN AESTHETICS PROBLEM.
AND THE COST OF, OF CONSTRUCTION, THE, THE, THE NOISE OF CONSTRUCTION, THE DESTRUCTION OF CONSTRUCTION WOULD BE SUBSTANTIALLY WORSE THAN LIVING WITH THE HOUSE WHERE IT IS.
ARE THERE QUESTIONS FROM THE BOARD, MR. SASHING? I DON'T, I ASSUME NONE.
UH, ARE THERE OTHER SPEAKERS OR NO.
SPEAKERS AGAINST YOUR HONOR, SWORN
PLEASE STATE YOUR NAME AND ADDRESS.
UH, MY NAME IS RONNIE MEAS, UH, 32 15 RU STREET, DALLAS, TEXAS, 75,212 IN, UH, THE NEIGHBORHOOD OF LOS ALTOS.
AND THAT'S WHERE THESE HOMES ARE BUILT.
UH, I'D LIKE TO START BY SAYING THAT, UH, LOS ALTO'S, UH, THIS, THIS PLAN, UH, BUILDER HAS HAD A HISTORY OF A BUILDING, UH, IN OUR COMMUNITY AND, AND, AND ASSOCIATING WITH A LOT OF OUR NEIGHBORS, YOU KNOW, PRIOR TO, UH, DOING ANY BUILDING, YOU KNOW, TO TO, TO, UH, AT LEAST GIVE AN IDEA OF WHAT'S GOING ON.
OUR, OUR COMMUNITY'S BEING GENTRIFIED, AS YOU KNOW, YOU PROBABLY WELL KNOW.
THE FIRST THING THAT THEY DID WAS COME AND JUST CLEAR CUT EVERYTHING.
THERE'S NO TREES, THERE'S NO GREEN SPACES, THERE'S NOTHING.
THIS HOUSING DEVELOPMENT IS RIGHT ACROSS THE STREET FROM OUR HIGH SCHOOL.
I MEAN, OUR, OUR, UH, ELEMENTARY SCHOOL.
SO YOU'RE GONNA HAVE A TRAFFIC DAM.
THERE WAS NO TRAFFIC STUDY DONE ON THAT.
AND IT'S DEFINITELY NOT PRESENTED TO THE COMMUNITY.
AND I AM ON THE LOS ALTOS NEIGHBORHOOD ASSOCIATION.
I'M THE, THE CO-CHAIR, AND I'M ALSO PART OF THE CASINOS UNIDOS UH, ASSOCIATION, WHICH, UH, BUILT A DEVELOPMENT OF 57 HOMES WITH NO PROBLEM WITH THE, UM, SETBACK OR ANYTHING.
SO FOR THIS TO HAPPEN WAS NO ACCIDENT.
THIS IS JUST A, A STEP TO GET HIS FOOT IN, TO DEVELOP AROUND THAT AREA THAT HE IS DEVELOPING THESE HOMES.
THE CHILDREN HAVE TO GO AROUND THESE, THESE DEVELOPMENT TO GET TO OUR SOCCER FIELD.
THERE'S ANOTHER LITTLE, UH, ELEMENTARY, UH, SCHOOL.
SO THERE'S NO TRA THERE'S NO WAY TO GO THROUGH THERE, WHICH, YOU KNOW, THEN THAT'S FINE, I GUESS FOR SECURITY OR WHATEVER.
BUT THERE WAS NO CONSIDERATION FOR OUR NEIGHBORHOOD AT ALL IN THIS DEVELOPMENT.
AND THE SIZES OF THE LOT WAS NO, SHOULD HAVE BEEN NO SURPRISE, BECAUSE IF ANYBODY COME AND LOOK AT THAT, THAT AREA, THOSE HOUSES, THE MAJORITY OF THOSE HOMES ARE LIKE $60,000 HOMES THAT HAVE BEEN THERE FOR GENERATIONS AND GENERATIONS.
CHAPTER 27 TOOK ALL THAT OUT AND WIPED THAT OUT.
AND SO THE LOTS WERE BUILT FOR SHOTGUN HOMES.
AND IF ANY OF Y'ALL RECALL OR REMEMBER THOSE KIND OF HOMES, THEY ARE NARROW, THEY'RE LONGER.
AND THAT'S, YOU KNOW, THAT HAD, SHOULD HAVE BEEN TAKEN INTO CONSIDERATION.
BUT AGAIN, THERE WAS NO CONSIDERATION FOR THE NEIGHBORHOOD OR THE RESIDENTS.
AND, UH, THE DEVELOPMENT WAS, AGAIN, IT'S NOT AN ACCIDENT.
AND, AND I DON'T REMEMBER ANYTHING BEING APPROVED.
UH, THIS WAS THE FIRST MEETING THAT I'M AWARE OF.
AND I, I'VE BEEN IN THE HOSPITAL FOR A WHILE, BUT I KNOW THAT I TRIED TO CALL
[00:45:01]
ON THE NUMBER ON THE SIGN.I TOOK SOME PICTURES, THEY SCRATCHED THE NUMBERS OUT, THE SIGNS WERE ON THE CORNERS, AND THEY WERE MOVED.
THEY WERE MOVED FROM THOSE CORNERS AND THEN BEEN REPLACED.
AND THEY'VE BEEN PLACED BEHIND FENCES OF THE HOMES, OR, OR I GUESS THAT, UM, THEY'RE REQUESTING TO HAVE APPROVED, BUT THEY'RE HIDDEN FROM THE PUBLIC.
YOU KNOW, FROM OUR ADMINISTRATIVE STANDPOINT, IF YOU WOULD, TO EMAIL THOSE TO US, I, I'D LOVE TO SEE THE SIGNS POINT, HEY, MAKE SURE THE CORRECT NUMBERS ON THERE BE, WE NEED TO MAKE SURE THAT THEY WERE, THEY WERE POSTED CORRECTLY.
SO IF YOU DO HAVE THOSE, YES, SIR, I HAVE WOULD LIKE TO SEE THEM.
AND, AND I, AND I'VE CALLED THAT NUMBER AND, UH, THERE WAS NEVER ANY RETURN CALLS.
THERE WAS NO, UH, THEY WERE OUT FOR THE WEEKEND OR WHATEVER, BUT THERE WAS NO ANY RETURN MESSAGES.
BUT AGAIN, THE AREA IS, THERE'S NO GREEN SPACE WHATSOEVER IN THIS, THIS, THIS DEVELOPMENT.
UM, IT IS, IT'S A, IT'S A SHAME THAT THE HOMEOWNER BOUGHT THE HOME, UNAWARE, YOU KNOW, IF THAT'S THE CASE.
BUT I, I THINK THOSE HOMES, ESPECIALLY THE ONES ON THE CORNER WITH A TEST TO SEE HOW FAR HE CAN GO OR THIS, THIS PROJECT CAN GO WITH THEM, PUTTING THE FENCES RIGHT ON TOP OF THE SIDEWALK, YOU KNOW, UM, IT, IT'S NOT, UH, IT'S NOT THE CHARACTERISTIC OF, OF THE COMMUNITY CUZ A LOT OF THE HOMES DON'T HAVE CHAIN LINK FENCES, BUT, UH, THE ONES THAT DO NOT HAVE FENCES, YOU KNOW, THEY'RE JUST OPEN, YOU KNOW, JUST ACCESS 'EM, YOU KNOW, THE, THE, THE COMMUNITY'S OPEN.
MAJORITY OF 'EM, YOU KNOW, THERE ARE SOME THAT HAVE INSISTENT STUFF, BUT, UH, AGAIN, YOU KNOW, THE SIZES AND THE SHAPES OF THE LOTS SHOULD HAVE BEEN, HE SHOULD HAVE BEEN WELL AWARE OF THAT, OF DEVELOPMENT AND THOSE, AND THAT, THAT ISSUE.
AND I KNOW A LOT OF MY NEIGHBORS WHO ARE HOMEOWNERS OPPOSE IT.
UH, MAJORITY OF 'EM CAN'T COME TO MEETINGS LIKE THIS IN THE AFTERNOONS.
UM, AND WE ALSO, I KNOW THAT, UM, IT'S JUST, IT'S NOT A GOOD IDEA TO START THESE VARIANCES.
YOU KNOW, I, I KNOW THAT THERE'S A CUSTOM, UH, SOME HOMES HAVE TO BE CUSTOMIZED ACCORDING TO THE LOTS AND THINGS, YOU KNOW, THAT, THAT EACH, YOU KNOW, THERE IS, THAT'S WHY YOU HAVE A VARIANCE.
BUT THIS IS NOT IN THAT SITUATION.
THIS IS JUST A, A TEST TO SEE IF THE REST OF THAT DEVELOPMENT CAN GO AHEAD AND COME FORWARD.
AND, UH, I JUST, I OPPOSE IT FOR HIM.
THERE, UH, THERE MAY BE QUESTIONS.
MS. P*****K, MR. VICE CHAIR, UM, THIS IS A QUESTION FOR STAFF.
ARE THESE LOT SIZES AND WHAT'S ALLOWED NOW A RESULT OF RE PLATTING THE NEIGHBORHOOD? NO, I THINK, NO, THEY'RE NOT REPLAT.
SO THESE LOT SIZES HAVE ALWAYS BEEN THE SAME SIZE.
HISTORICALLY, THEY HAVE NOT CHANGED FROM UNDER, NO, THE LOT SIZES HAVE NOT CHANGED.
THIS HAS BEEN THE, THE SAME LOT SIZE HISTORICALLY.
JUST ONE QUESTION, MR. SO, UM, TO THE, THE GENTLEMAN IN OPPOSITION, YOU, YOU MENTIONED THAT YOU ARE PART OF THE, UH, HOMEOWNER'S ASSOCIATION.
UM, AND YOU SAID THAT SEVERAL OTHER OF YOUR NEIGHBORS OPPOSED.
DO YOU HAVE THE SIGNATURES AND OPPOSITION LETTERS FROM THOSE OTHER NEIGHBORS? NOT IN MY HANDS, NO, SIR.
SHOULD I BELIEVE THERE MIGHT BE A ONE OR TWO ON, ON THE YEAH, WE, WELL, THAT'S NO PROBLEM.
MS. WILLIAMS. DO, ARE THERE, ARE THERE ONLINE SPEAKER? THERE AREN'T.
I, I JUST, IF YOU'VE GOT PICTURES OF THOSE SIGNS, I WANNA MAKE, MAKE SURE WE NOTICED IT CORRECTLY.
I SUSPECT WE CAN GET YOUR SIGNATURE.
THIS, ARE THERE QUESTIONS, MR. YES, SIR.
UM, THANK YOU FOR, FOR TAKING THE TIME AND YOUR INTEREST.
THE REQUEST DEALS WITH THE, THE FACT THAT IT WAS PERMITTED BASED OFF OF ONE LINE AND THEN THE, THE NOT TAKING INTO ACCOUNT, THE ROAD EASEMENT.
UM, DO YOU HAVE AN OBJECTION TO THE HOUSES NOW THAT THEY'VE BEEN BUILT STAYING THERE BECAUSE THEY DON'T COMPLY WITH THE RIGHT OF WAY EASEMENT FROM THE STREET? OR DO YOU JUST NOT LIKE THE FACT THAT THEY'RE NOW HOMES ON THIS, WHAT THEY'VE BEEN, IT LOOKS LIKE FROM THESE PICTURES AND EMPTY FIELD BETWEEN THE TWO D I S D PROPERTY? WELL, IF YOU'RE COMPARING THE HOMES THAT WERE THERE BEFORE AND THE HOMES THAT ARE NOW QUITE NATURAL ARE NICER LOOKING HOMES, YOU KNOW, THEY'RE, THEY'RE A, YOU KNOW, YOU'RE LOOKING AT A $60,000 HOME AND A 200 SOMETHING PLUS THOUSAND DOLLARS HOME.
SO YEAH, ACTUALLY THEY LOOK NICER.
BUT WHEN YOU HAVE THE FENCE RIGHT ON TOP OF THE SIDEWALK, AND THEN THAT, THAT
[00:50:01]
TO ME IS, IS INFRINGING ON THE COMMUNITY BECAUSE HE SHOULD HAVE KNOWN THAT THAT'S NOT WHERE THEY BELONG.AND IF YOU LOOK AT THE, IF YOU ACTUALLY LOOK AT THE DEVELOPMENT, THE 30 FOOT SETBACK EVEN ON THE FRONT, THE SIDES AND THE BACK OF THE HOMES THEY'RE TOUCHING.
SO THERE'S NOTHING REALLY IN COMPLIANCE, YOU KNOW, THERE'S NOTHING, THERE WERE, TO ME, IT DOESN'T LOOK LIKE THERE WAS ANY, ANY INSPECTORS.
AND THAT'S BEEN HAPPENING A LOT, LOT.
THERE'S A BUNDLE OF COMPLAINTS FOR OUR AREA.
PEOPLE ARE BUILDING THREE, THREE STORY HOMES, MILLION DOLLAR HOMES NEXT TO AN $80,000 HOUSE, A $60,000 HOUSE.
SO, SO, YOU KNOW, IT'S JUST, IT'S JUST ANOTHER WAY FOR, I THINK FOR THE, THE R THE JUSTIFICATION OF OUR NEIGHBORHOOD TO CONTINUE.
AND THEN I HAVE ONE OTHER, UH, FOLLOW UP QUESTION.
I THOUGHT YOU HAD SAID THAT AT SOME POINT THERE WAS A WAY TO GO FROM THE ELEMENTARY SCHOOL TO THE SOCCER FIELDS THAT WERE OTHER WAY THROUGH, RIGHT? BUT THEN YOU WERE JUST SAYING THERE WERE A BUNCH OF HOMES THAT HAD BEEN IN THE MIDDLE.
WERE THERE PASSAGEWAYS BETWEEN THE HOMES BEFORE OR DO YOU MEAN YES, YOU COULD GET THROUGH, YOU COULD GO THROUGH THERE SO THAT THE STUDENTS COULD CUT THROUGH THE HOUSES AND THE PRIVATE PROPERTY TO GET WELL, THE DRIVE, CAUSE THERE WAS LIKE A LITTLE ALLEY THROUGH THERE TOO.
IT, UH, IT'S WINNETKA AND THEN CONLIN.
SO, YOU KNOW, THE STUDENTS HAVE TO GO AROUND THAT AND THE SOCCER FIELD IS RIGHT BEHIND ON THE RIGHT.
I HAD MR. RICE HERE, BUT SOMEBODY ELSE MAY HAVE OTHER QUESTIONS FOR YOU, SIR, I'M SO SORRY.
MILLER HOSKINS, DO YOU BY CHANCE STILL HAVE YOUR PRESENTATION? CAN YOU POP UP THE PICTURES THAT YOU TOOK? UH, VICE CHAIR AGNI? I HAD ASKED THE SPEAKER NOT TO SIT DOWN.
IF, IF WE DON'T HAVE QUESTIONS FOR YOU, I WANNA LET HIM RETURN TO A SEAT IF HE WOULD LIKE, UH, I DON'T HAVE QUESTIONS.
UM, IF, IF SO, WE CAN ASK YOU.
IF YOU CAN, IF YOU CAN SEND MS. WILLIAMS THE PICTURES OF THOSE SIGNS, UH, I WOULD APPRECIATE IT.
SHE'LL GIVE YOU HER EMAIL ADDRESS.
SO BELONG TO THE ACTUAL SITE OR SURROUNDING I'D TO SEE, SEE ALL THE PICTURES? YOU, YOU HAD THE PICTURES OF THE, OR THE SURROUNDING THE, THE SITE.
OH, AND YOU MAY HAVE ANSWERED MY OTHER QUE.
IF YOU GO BACK ONE SLIDE, YOUR LIGHT BLUE, THOSE ARE THE CASES THAT WE'RE DISCUSSING.
SO TWO OF THEM ARE ALONG THIS EASEMENT.
ONE OF THEM, ONE OF THEM WASN'T.
UH, CUZ I DON'T THINK A NORTH SOUTH EASEMENT, RIGHT? OR IS THERE? YEAH.
SO IF YOU GO BACK TO THE, THE ONE FORWARD, OKAY, NOW THE PART THAT OVERHANGS IS ESSENTIALLY, ESSENTIALLY IF YOU DREW A LINE FROM WHERE THE PORCH BECOMES THE, THE HOUSE AND, AND DREW IT, RIGHT? LEFT.
IS THAT PROBABLY THE, IS IT JUST THIS WHAT AMOUNTS TO NO, NO, I'M JUST TRYING TO PICTURE WHERE THE OVERHANG ACTUALLY IS.
NOW YOUR SIAM SLIDE IS MR. FAIR.
[00:55:01]
MS. PAUL, SORRY, THE, THE DRIVER'S ON LEFT, UH, ON, ON OUR PACKET, THE DRIVER'S ON THE LEFT, THAT'S ON THE RIGHT.SO THIS IS THE CORRECT WAY, BUT IT SHOULD BE SHOWN.
YEAH, I THINK IT MAY BE UPSIDE DOWN ON, UPSIDE DOWN ON THE PRINT SHEET.
BUT YOU CAN STILL TELL, YOU CAN SEE WHERE, WHERE, WHERE THAT'S, THIS IS NORTH AND SO THAT'S UPSIDE DOWN.
WAIT, THE STREET IS ON THE TOP.
SO WHERE'S THE STREET? THIS IS CORRECT UP HERE.
YOU SAID THAT'S SO, SO WHERE THE ARROW IS IS THE STREET.
ARE THERE, I HAVE ANOTHER QUESTION IN THE SLIDE WHERE YOU SHOWED THE HOUSE AND TO THE RIGHT WAS A GENTLEMAN WALKING DOWN, IT LOOKED LIKE A PATH.
IS THAT AN PATHWAY? NO, IT'S JUST A PICTURE OF A MAN WALK STANDING IN THERE.
CAN YOU GO BACK TO THAT? I DON'T SEE IT.
THAT ONE, THAT GENTLEMAN ON THE RIGHT, THAT'S IT LOOKS LIKE THAT'S A, A PATHWAY, BUT IT'S NOT A PATHWAY.
ARE THERE, WELL, THERE OTHER QUESTIONS HERE.
AND THEN ARE THERE, ARE THERE OTHER SPEAKERS AGAINST MAYOR? NO, THOSE SPEAKERS, SIR.
UH, WILL YOU SWORN IN? YES, IF YOU, UH, GOOD AFTERNOON.
MY NAME IS, UH, MARY LEE PARS AND I LIVE AT 27 0 3 KINGSTON.
I AM, UM, I, I DO HAVE MY FAMILY HOME THERE IN WEST DALLAS, 31 38 RUS AND I ADVOCATE IN WEST DALLAS.
ALSO A MEMBER OF THE LOS ALTOS NEIGHBORHOOD ASSOCIATION WHERE THIS, UH, DEVELOPMENT RESIDES.
I'M ALSO A MEMBER OF THE CASINOS ON THE BOARD OF SUNNIS.
I'M HERE TODAY JUST, AND I STAND HERE AND ECHO WHAT MR. MESSES, UH, SPOKE HIS, HIS, UH, HIS CONCERNS EARLIER.
UH, AND I JUST WANNA, I JUST WANNA SAY THAT I AM CONCERNED, UM, BECAUSE, YOU KNOW, WE, WE LIVE IN WEST, I MEAN, WEST DALLAS IS A NEIGHBOR, UH, AREA THAT'S BEEN GENTRIFIED AND I CANNOT STRESS THAT ENOUGH.
UM, AND I JUST DON'T KNOW A WHOLE LOT ABOUT THIS ARCHITECTURE AND THAT, BUT I DO KNOW THAT I JUST WANT US TO BE TREATED FAIRLY AND TO BE GIVEN A CHANCE TO, UM, TO BE, TO, TO, TO VOICE OUR HOW WE FEEL.
AND, UH, ALSO, UM, THIS SHOULD HAVE BEEN, SOUNDS LIKE IT JUST, IT SHOULD HAVE BEEN TAKEN CARE MORE, UH, CARE OF.
UH, I DON'T, SOMEBODY MENTIONED THAT THE LOTS WEREN'T REPLANTED.
NOW I CAN TELL YOU, UH, THOSE, THOSE HOMES WERE SHOTGUN HOMES.
AND I HAVE, I HAVE PICTURES IN MY MEMORY OF FAMILIES THAT USED TO LIVE THERE AND THE NAMES.
SO THIS IS HOW FAR BACK WE GO.
UH, JUST PLEASE HANDLE THIS WITH TEAR GLOVES AND JUST LET EVERY, UM, JUST TO, TO BE MORE CONSCIENTIOUS OF WHAT IS BUILT IN THE NEIGHBORHOOD AND, AND TO DO IT THE RIGHT WAY.
AND I LEAVE THIS IN YOUR, UH, YOUR PROFESSIONAL HANDS, UH, US BOARD MEMBERS OF THIS COMMITTEE, UM, JUST TO, TO DO THE RIGHT THING.
[01:00:01]
WAIT A MINUTE.MY QUESTIONS ARE RO I HAVE QUESTIONS.
UM, ARE THERE FURTHER SPEAKERS AND OPPOSITIONS THE APPLICANT? NO, NO, THEY'RE SPEAKERS.
NO, THE APPLICANT HAS FIVE MINUTES.
UM, THEY DO HAVE SOME, SOME HANDOUTS.
IF GUYS, TO YOU, ARE THERE MORE THAN FIVE PAGES PER HANDOUT? UH, WE'LL LEAVE ONE OF THEM MORE THAN FIVE PAGE.
OKAY, THEN WE'LL NEED, WE'LL NEED TO, UH, TAKE A VOTE TO SUSPEND OUR RULES TO ALLOW A, UH, UH, DOCUMENTARY EVIDENCE GREATER THAN FIVE PAGES.
UH, DOES ANYBODY HAVE A, HOW MANY PAGES ARE THERE? IS IT LIKE UNDER 10? UH, YES.
IT'S 1, 2, 6 AND I BELIEVE THAT ONE WAS SUBMITTED, UM, TO THE STAFF A WHILE BACK PRIOR TO THE, UH, ORIGINAL REVIEW DATE.
LET'S SPEAK SUPER CAREFUL, PLEASE, MR. SO VICE CHAIR AG, I HAVE A MOTION.
PLEASE SUSPEND OUR LIMITATION TO FIVE PAGES TO ALLOW THE APPLICANT TO SUBMIT THE EVIDENCE THAT THE DEEMS APPROPRIATE AT THIS POINT IN TIME.
I SECOND THE MOTION, UH, WILL JUST DO THIS AS A PROCEDURE.
ALL ALL, ALL IN FAVOR, PLEASE SAY AYE.
SO GIVE US A SECOND TO PROCEED IT.
HOW DO WE GET THIS TO MR. SASH?
OTHERWISE, I I JUST DO THAT NOW, PLEASE.
ALTHOUGH, SO LET'S JUST DO, UM, UM, I'M SORRY EVERYBODY.
I DON'T, I'M, I'M NOT, I'M ALWAYS, I'M NOT HEARING ANYTHING, SO JUST WANNA BE SURE THAT WE'RE KIND OF PAUSED OR IS THERE SOMETHING GOING ON IN THERE? UH, WE'RE, WE'RE EMAILING YOU SOMETHING SO THAT YOU CAN SEE IT.
MS. MS. WILLIAMS WILL HAVE IT TO YOU QUICKLY.
AND I'D JUST LIKE TO SAY, I APOLOGIZE THAT I'M NOT THERE IN PERSON WITH YOU ALL TODAY CREATING THIS, UM, ADDITIONAL LAYER OF, UM, FRUSTRATION.
SO, UH, PLEASE ACCEPT MY APOLOGIES.
[01:05:01]
IS ALWAYS MORE FUN WHEN YOU'RE WITH US, PLEASE.MINE IS
I'M REFRESHING MY INBOX HAVEN'T RECEIVED IT YET.
THAT'S CUZ SHE HASN'T RECEIVED IT YET.
WHY DON'T WE TAKE A BREAK UNTIL TWO 15 BECAUSE I WAS GONNA NEED A BREAK RIGHT AFTER THIS CASE ANYWAY.
WHY DON'T WE JUST TAKE IT NOW WHILE THEY DO THAT.
[01:15:17]
WE,[01:15:18]
WE CAN PROCEED WITHOUT WE, IT'S NOT, IT'S NOT STRICTLY NECESSARILY.I'M, I'M SHOWING IT SENT, BUT I IMAGINE, UH, YOU KNOW, I MEAN, WE CAN HOLD IT UP TO THE CAMERA HERE IF THIS IS ON.
IT SHOULD BE COMING IN YOUR INBOX RIGHT ABOUT NOW.
[01:20:14]
I HAVE IT.WE'LL PROBABLY HAVE TO NARRATE TO TELL MR. STON WHERE WE ARE.
AND, UH, PANEL C OF THE BOARD ADJUSTMENT IS BACK IN SESSION.
WE HAVE RECEIVED YOUR PRESENTATION.
ARE THESE WHEN, WHEN NIKA STREETS, THE ONES JUST NORTH OF THE SITE ON THE EAST SIDE OF THE ROAD, NORTH WINNETKA.
BUT ARE THE, WHERE ARE THESE HOUSES ON THIS? LET'S SEE NOW.
UM, SORRY, I WAS OPENING THE FILES AND I JUST REALIZED THAT YOU WERE SPEAKING AND I CAN'T HEAR YOU.
UM, CAN, CAN YOU HEAR ME NOW? OKAY.
AND WITH, WITH THE VICE CHAIR'S PERMISSION, MAY I WALK THROUGH THE, THE DOCUMENTS? YES.
SO, UH, THE, THE FIRST DOCUMENT, WHICH, WHICH HAS A, A TABLE ON THE FRONT PAGE JUST DEMONSTRATES SOME COMPARATOR HOUSES.
AND THEN THE SECOND PAGE OF THAT REALLY IS A VISUAL, UM, SHOWING THE, UH, THE, THE 10 17 NOMIS IS THE RED DOT.
AND THEN, UM, YOU CAN SEE THAT BLOCK IS, IS HOUSES, UH, LOT SIZES THAT ARE ALMOST SQUARE COMPARED TO THE OTHER, OTHER LOTS IN THE AREA, ALL ZONED R FIVE A, WHICH ARE, UH, MUCH LONGER, MORE RECTANGULAR.
AND SO A 10 FOOT, UH, RIGHT OF WAY TAKEN OFF THE FRONT OF THAT IS GOING TO BE SUBSTANTIALLY LESS, UH, IN TERMS OF PERCENTAGE OF THE LOT SIZE COMPARED TO THAT, THAT BLOCK ON NOMA STREET.
AND THEN THE, THE CHART, WHICH I BELIEVE IS, UH, IN A POWERPOINT FILE FOR YOU.
THE RED LINE SHOWS 50% OF THE APPRAISED COST ACCORDING TO DECA.
UM, THERE SHOULD BE ANOTHER PDF THAT DEMONSTRATES, UH, UH, WHAT, WHAT THE COST OF THE, OR THE APPRAISED IMPROVEMENT VALUE IS.
AND THEN THE COST TO REBUILD HAS BEEN ESTIMATED, UM, AT JUST OVER $300,000.
THAT'S ESTIMATING $190 PER SQUARE FOOT.
THAT'S WHAT THE DEVELOPER, UM, PAID IN THE FIRST INSTANCE TO HAVE THEM BUILT.
UM, HE ESTIMATES THAT COSTS OF LABOR AND MATERIALS ARE MORE EXPENSIVE NOW, AND SO
[01:25:01]
THAT NUMBER WOULD ACTUALLY BE HIGHER.BUT THAT, THAT'S THE MOST CONSERVATIVE ESTIMATE.
AND THAT, UM, HB 1475 STANDARD IS 50% OF THE VALUE.
AND SO THAT'S, THAT'S NOT SOMETHING THAT THE PANEL HAS TO AGREE WITH.
IT'S JUST AN ALTERNATE PATH TO A VARIANCE.
IF THE PANEL DOESN'T WANT TO GO, UM, TOWARDS THE VARIANCE BASED ON THE, THE LOT SIZE AND SHAPE, I THINK WE OUGHT TO FOCUS ON WHAT WE HAVE IN FRONT OF US.
UH, TO GO DOWN THAT ROAD WOULD REQUIRE A DIFFERENT SET OF EVIDENCE.
UM, BUT, UM, UM, I WOULD SAY YOU'VE PROBABLY GOT TWO MINUTES OR SO.
UH, I DO JUST WANT TO, UH, ADDRESS THE COMMENTS IN OPPOSITION.
UM, I THINK MR. SLADE HIT THE, THE NAIL ON THE HEAD.
THOSE WERE NOT COMMENTS THAT WERE ADDRESSED TO THE SETBACK ISSUE.
THOSE WERE MORE ADDRESSED TO, UH, THE DEVELOPMENT OF NEW HOUSES.
UM, ESPECIALLY THE DEVELOPMENT OF NEW HOUSES BY, BY, UM, CERTAIN VISUALS OR CERTAIN STYLES OF HOUSES, HOUSES THAT, THAT HAVE CERTAIN LANDSCAPING, UM, IN THE AREA MORE GENERALLY.
AND SO IT WASN'T ACTUALLY ABOUT THE SETBACK ISSUE.
UM, IF A VARIANCE IS NOT GRANTED, UH, THE ONLY WAY TO COME INTO LITERAL COMPLIANCE IS TO TEAR THE HOUSE DOWN.
UM, A SIMILAR HOUSE IS GOING TO BE BUILT BACK THERE.
UM, IT, THE, THE, THE NOTION THAT THIS AREA CAN BE DEVELOPED IN SUCH A WAY THAT PEOPLE WILL BE ABLE TO CUT THROUGH SOMEBODY ELSE'S PROPERTY TO GET TO A SOCCER FIELD.
UM, UH, THAT'S, THAT'S JUST NOT THE WORLD THAT WE LIVE IN WHERE, UM, YOU KNOW, THIS, THIS, THIS PANEL CAN'T GUARANTEE THAT THERE'S GONNA BE THAT KIND OF, UM, INGRESS AND EGRESS THROUGH PEOPLE'S PRIVATE PROPERTIES.
SO I WOULD, UM, TAKE ANY OTHER QUESTIONS THAT THE BOARD HAS ON YOUR MR. ASTON, YOU'RE NEXT, I GOT YOU ON YOUR CHART.
YOU L YOU STATE THAT THE HARDSHIP WAS COMPOUNDED WHEN THE CITY TOOK ADDITIONAL EASEMENTS OF 10 FEET.
WHEN WAS THIS? I BELIEVE THAT WAS THE SIXTIES.
UM, SO YOU MENTIONED JUST RECENT, JUST, JUST RECENTLY, THAT THE, UM, AVERAGE COST TO BUILD OR, UM, AROUND $195 PER SQUARE FOOT.
UM, DID YOU, HOW DID YOU OBTAIN THAT INFORMATION? IS IT IN YOUR, UH, PACKET? ANY QUOTES OR, UM, ESTIMATES THAT YOU'VE, UM, PROVIDED TO COME TO THAT NUMBER? CAUSE I DON'T FIND THAT THAT IS NECESSARILY CORRECT FOR THIS PARTICULAR ZIP CODE.
UM, THAT IS, THAT IS A NUMBER THAT THE DEVELOPER CAME UP WITH, UM, BASED ON THE, THE INITIAL CONSTRUCTION COST.
UM, THESE HOUSES DO INCLUDE FEATURES LIKE MORE INSULATION THAN IS NECESSARY, UM, TO ENSURE LONG TERM THEIR, THEIR ENVIRONMENT AND FRIENDLY.
UM, YOU'RE NOT SPENDING AS MUCH ON, ON AN ELECTRIC BILL IN THE LONG RUN LIVING IN ONE OF THESE HOUSES AS THE IDEA.
UM, BUT A AS I SAID, THE, THE PANEL DOES NOT HAVE TO FIND THAT, UM, UH, CONVINCING OR COMPELLING.
THE, THE PANEL IS FREE TO GRANT A VARIANCE BASED ON THE LOT, LOT SHAPE, A LOT SIZE, AND ON THE FACT THAT IT WOULD NOT BE IN THE INTEREST OF JUSTICE TO TEAR DOWN JACOB GILLIAM'S HOME BASED ON THIS SETBACK COORDINATE.
UH, AND AM I CORRECT THAT THE TESTIMONY IS THAT THE, UM, ESTIMATED COSTS TO BUILD WOULD BE TO BUILD A COMPARABLE HOME, ALBEIT ONE, IT HAS TO BE SMALLER TO FIT THE LIMITATION? YES.
AND, AND THAT COST DOESN'T INCLUDE ARCHITECTURE, REDESIGN, ANY OF, ANY OF THAT KIND OF PROCESS.
AND THAT IS THE, WHAT DE AD CONCLUDED BASED ON THE EVIDENCE IS SPREAD IS WOULD BE A 428,310 VALUED IMPROVEMENT.
AND MY MY UNDERSTANDING WOULD BE YOU'RE ENTITLED TO BUILD THE SAME VALUE BACK.
UM, AT THIS POINT, NO, UH, IT'S, NO.
UM, THIS POINT I'LL CLOSE THE PUBLIC HEARING AND TAKE A MOTION.
I MOVED THAT THE BOARD OF ADJUSTMENT.
I THOUGHT I HAD MOTION MOMENT PLEASE.
UM, SO GOING TO MAKE THIS UP ON THE FLY.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 36 ON
[01:30:01]
APPLICATION OF THAT.THIS ONE, BRENT JACKSON GRANT, THE REQUEST OF THIS APPLICANT FOR A NINE FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THE PHYSICAL ADDRESS OF THIS PROPERTY IS SUCH LITERAL ENFORCEMENT OF PROVISIONS WITH DALLAS DEVELOPMENT CODE IS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVED THAT THE FOLLOWING CONDITION BE IMPOSED FURTHER.
THE PURPOSE AND THE INTENT OF DALLAS DEVELOPMENT CODE AT COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
I'LL SECOND SO WE CAN TALK ABOUT IT.
I THINK IF WE WENT DOWN THE COST ANGLE, I THINK I KNOW WHERE WE'D END UP, BUT YOU'D WANT TO SEE ACTUAL BIDS AND YOU'D WANT TO TALK ABOUT WHY YOU'D HAVE TO KNOCK THE WHOLE THING DOWN AND NOT SUM OF IT.
SO I, I, I'M REALLY THINKING OF IT IN TERMS OF THE, THE TRADITIONAL THREE.
WHAT, WHAT I HAVE TO BE CONVINCED OF IS WHY THIS LOT, WHICH IS SIMILAR TO LOTS ON ITS BLOCK AND HAS THE SAME EASEMENT THAT ALL OF ITS NEIGHBORS HAVE.