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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.
IT'S NOT, IT'S NOT SLOPE AND IT'S NOT SHAPE.
THE FACT THAT IT'S NARROW OR WIDE, THAT THAT'S, I MEAN, IT, IT'S NOT SO ABNORMALLY NARROW.
UH, SO I I I HAVE TO BE CONVINCED ON, ON THAT PART.
I, I'M NOT REALLY INCLINED TO, TO HAVE, HAVE THIS HOUSE
UM, BUT THE VARIANCE STANDARDS ARE TOUGH FOR A REASON.
UM, I KNOW YOU THOUGHT ABOUT THAT.
SO HOW'D, UM, DO THAT? OR WERE YOU REALLY THINKING ABOUT THE COST? UM, I WAS THINKING THAT THE APPLICANT THAT SATISFIED HIS BURDEN OF PROOF FOR ALL CONSIDERATIONS BECAUSE OF COURSE THIS IS A, A VARIANCE REQUEST.
AND WE SHOULD RECALL THAT, UM, WHILE THERE WAS APPROPRIATE CONCERN ABOUT THE DEVELOPMENT AND GENTRIFICATION OF THE NEIGHBORHOOD, THE QUESTION BEFORE US IS ABOUT WHETHER TO GRANT THIS PARTICULAR VARIANCE IN LIGHT OF, OF WHAT'S HAPPENED.
UM, I WAS STARTED OUT BEING LARGELY PERSUADED BECAUSE OF COURSE, CITY STAFF, UH, WAS NOT AGAINST THE VARIANT.
AND SO THEN IF WE START LOOKING THROUGH WHETHER IT, IT, IT SATISFIES THE THREE CONDITIONS THAT WE MUST HAVE, THE FIRST ONE IS NOT CONTRARY TO PUBLIC INTEREST, RIGHT? UM, AND THAT'S LOOKING AT THE SPECIAL CONDITION.
AND, UH, I APPRECIATE THAT THERE ARE A NUMBER OF HOMES THAT HAVE BEEN PLOTTED ON THIS PROPERTY FOR IT.
UM, BUT THE, THE SPECIAL CONDITIONS AND NECESSARY HARDSHIP ARE THIS RIGHT OF WAY EASEMENT THAT'S THERE.
AND I APPRECIATE THAT IT IMPACTS MULTIPLE HOMES ON THIS BLOCK, BUT IT DOESN'T SAY THAT IT MUST BE SO UNIQUE THAT IT IS ONLY YOUR PROPERTY.
THAT MUST BE THE ONE THAT'S, SO I'M VIEWING THAT RIGHT OF WAY, EASEMENT ITSELF AS SOMETHING THAT MAKES THIS DIFFERENT BECAUSE AGAIN, THERE THEY'RE THESE OLDER SHOTGUN HOMES THAT WEREN'T ABLE TO BE FIT THERE BEFORE.
UM, BUT NOW IF YOU LOOK AND COMPARE IT TO WHAT IS BEING ABLE TO BE BUILT, I FEEL LIKE THE APPLICANT SATISFIED THE BURDEN BY SHOWING US THE COMPARISONS AND MEANING THAT EVIDENTIARY BURDEN FOR THAT, THAT TARGET.
THEN YOU GO TO THE NEXT ONE DOWN AND THAT'S THE, THE NECESSARY TO DEVELOPMENT THAT DIFFERS FROM OTHER PARTS.
AGAIN, EVERYONE'S AGREED IT HAS A SLIGHTLY DIFFERENT SHAPE AND SMALLER SHAPE OF HOW IT IT'S BE DONE.
UM, AND THAT IS FURTHER COMPOUNDED BY THIS RIGHT OF WAY EASEMENT.
UM, I'M NOT SURE I ACTUALLY, GO AHEAD.
THAT'S THE PART I WANT TO TALK ABOUT AND THAT, AND THAT'S FINE.
UH, I WAS ALSO PERSUADED BECAUSE WE HAD THE CITY STAFF AND WE LOOKED IN THE, THE DOCKET AND THEY CONCLUDED THAT IT WAS, UM, BECAUSE OF THE RESTRICTIVE AREA.
UH, AND THAT'S WHAT I'M FOCUSED ON.
I'M NOT FOCUSED ON THE SH SHAPE.
THERE'S BEEN NO, UH, EVIDENCE TO MY KNOWLEDGE ABOUT SLOPE.
SO WE'RE TALKING ABOUT THE AREA THAT'S AVAILABLE, WHICH IS LARGELY DRIVEN IN PART BY THIS RIGHT OF WAY EASEMENT.
UM, AND THAT IT CANNOT THEN OTHERWISE BE DEVELOPED IN A MANNER TO MEASURE IT.
UM, AND SO THEN IF YOU WANT TO EVEN CONSIDER THE FACTORS UNDER HB 1475, UH, I FEEL LIKE THE APPLICANT ALSO SATISFIED THAT BECAUSE THE EVIDENCE BEFORE US IS THAT THE, UM, WHAT THE COST OF RECONSTRUCTION WOULD BE.
AND WE HAVE TESTIMONY AND YOU CAN DECIDE YOU DON'T FOLLOW THE, THE TESTIMONY YOU WANT, DISREGARD IT.
BUT THE TESTIMONY BEFORE US IS THAT THE WAY TO
[01:35:01]
FIX THIS IS THAT YOU COULDN'T TAKE MULTIPLE FEET BACK OFF OF PALLET THREE MOBILE WALL, REDO EVERYTHING ELSE.YOU'D ACTUALLY HAVE TO DEMOLISH IT AND REDO IT.
UH, I APPRECIATE THAT THIS IS, UM, POSSIBLY A MORE EXPENSIVE OR OR NICER CONSTRUCTION.
I BELIEVE THE APPLICANT IDENTIFIED THAT IT WAS, UM, WHEN HE FIRST INTRODUCED THE PROPERTY THAT IT MIGHT BE, UH, A LITTLE BIT OF A DIFFERENT STYLE, UH, TO BE, UM, MORE ENVIRONMENTALLY SOUND IF I'M, IF I'M REMEMBERING CORRECTLY.
UH, AND SO WE HAVE EVIDENCE IN THE FORM OF, OF THE CHART AND ANALYSIS AND THE TESTIMONY THAT WAS PROVIDED BY THE APPLICANT, UM, THAT THE COST OF CONSTRUCTION WOULD EXCEED THAT 50% THRESHOLD.
AND SO THAT FOR ME ALSO SATISFIES ONE OF THE FACTORS WE MAY CONSIDER IN DETERMINING.
AND THEN THE FINAL PRONG OF THE VARIANCE, AND AGAIN, THE SUPPORT IS IT'S NOT GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL PURCHASE.
HERE, I'M LARGELY PERSUADED BY THE FACT THAT THE APPLICANT HAD GONE AND SECURED A, A PERMIT SAYING THAT THEY COULD DO THIS.
UM, AND THEN OF COURSE, THE, THE TESTIMONY WE HAVE IS BEFORE THEY WERE EVEN NOTIFIED OF SOME ISSUE, THEY NOTICED THAT OTHER PROPERTIES ALONG THAT STREET HAD ISSUED AND THEN WENT AND, AND FIGURED OUT WHAT TO DO WITH IT.
SO I DON'T THINK THAT THAT'S A SELF-CREATED OR PERSONAL HARDSHIP WHEN THE, THE PERMIT WAS GIVEN.
SO FOR ME, I, I BELIEVE THE APPLICANT IS SATISFIED HIS BURDEN TO ESTABLISH THE ENTITLEMENT TO THE, THE VARIANCE.
UM, AND WHILE THE, I FEEL FOR THE, THE OPPOSITION TO IT, I FELT LIKE THEIR, UM, OBJECTIONS WERE NOT TO THIS APPLICATION SO MUCH AS THEY WERE TO THE GENERAL DEVELOPMENT OVERALL, UM, WHICH, UH, WAS IMPORTANT, BUT NOT PERSUASIVE TO ME TO DENY THIS.
SO I'M WITH YOU ON ONE AND THREE.
I ALSO THINK THAT IF WE WERE PUT TO IT THAT THE APPLICANT WOULD PREVAIL ON, UH, ON THE, THE ISSUE OF THE POSTAL CAUSES.
JUST THAT'S TRUE, BUT IT'S NOT WHAT'S IN FRONT OF ME.
THE, UM, THIS IS ALMOST THE CASE OF DOING THE, THE RIGHT THING FOR THE WRONG REASON.
I WOULD LOOK LIKE IF, IF YOU LOOK AT PAGE TWO OF THE APPLICANT'S SUPPLEMENT, UM, YOU CAN SEE WHERE, WHERE THE SHOTGUN HOUSES WHERE YOU, YOU CAN SEE THEY'RE VERY LONG AND NARROW.
UM, UH, MY, MY GUT SAYS THAT IT'S ALMOST TO TRY TO BUILD SOMETHING ON THESE LONG NARROW, UH, LOTS WOULD BE MORE LIKELY TO HAVE A HARDSHIP THAN, THAN HERE.
I DON'T KNOW HOW ABSOLUTELY IRREGULAR THIS IS.
I I JUST, UM, I'M ALMOST TALKING FOR THE, FOR, FOR THE SAKE OF, OF RAISING THE ISSUE.
I, I, UM, A SECONDED A MOTION CAUSE I WANT TO TALK ABOUT IT.
I, I'LL SUPPORT IT, UM, LARGELY FRANKLY, BECAUSE I'M PRETTY SURE IT WOULD WIN ON THE COSTS AND I'M NOT GONNA MAKE THE APPLICANT GO THROUGH THE PROCESS OF, OF, UM, OF, OF GOING THROUGH IT.
THE OTHER, THE OTHER, THE, THE NEIGHBOR'S, UM, CONCERNS ARE, ARE VALID BUT NOT APPLICABLE TO OUR NARROW STANDARD.
UM, SO I THINK THE ONLY PLACE I WOULD DISAGREE WITH YOU, I DO THINK WE, WE HAVE TO FOCUS ON THIS PARCEL AT HAND AND ONLY THAT, UM, I SUPPOSE IN, IN, IN RELATION TO, TO COMMENSURATE.
UM, NOT AS EASY AS I INITIALLY THOUGHT, BUT UM, THAT'S WHAT I THINK.
DOES ANYBODY ELSE HAVE, I HAVE A QUESTION.
MS. P*****K, I AM NOT FAMILIAR WITH R FIVE A.
IS THERE A RESTRICTION AS TO HOW THE HEIGHT OF A BUILDING? IN OTHER WORDS, COULD YOU BUILD A TWO-STORY HOUSE ON THAT, UH, LOT, MS. P*****K, AND THIS MIGHT BE A TECHNICAL RESPONSE, BUT HEIGHT AND STORIES ARE TWO DIFFERENT MEASUREMENTS, CORRECT? I CAN LOOK UP THE HEIGHT REQUIREMENT, BUT THE HEIGHT REQUIREMENT WON'T LIMIT YOU TO A NUMBER OF STORES.
I DON'T BELIEVE THE CITY HAS A DEFINITION OF STORIES IN OUR CODE UNLESS THAT'S CHANGED.
THIS IT'S HEIGHT, IT'S JUST TIGHT.
SO BASED UPON THAT, A HOUSE COULD HAVE BEEN BUILT ON THIS LOT, THAT WOULD BE TWO STORIES WITH THE SAME SQUARE FOOTAGE AND NOT HAVE TO HAVE ANY VARIANCE.
THE HEIGHT REQUIREMENT FOR R FIVE
[01:40:01]
A IS 30 FEET.SO THAT'S WELL WITHIN A TRUE STORY.
SO I REVERT TO MY ORIGINAL COMMENT THAT A TRUE STORY HOUSE WITH THE SAME SQUARE OF FOOTAGE COULD HAVE BEEN BUILT ON THIS A LOT WITHOUT REQUIRING VARIANCES, SEEING NO OTHER, OTHER, UH, DESIRES FOR COMMENT.
UM, MS. WILLIAMS, WILL YOU CALL THE VOTE? OH, NO, I THOUGHT, ROGER, ARE YOU? NO, THAT'S GOOD.
WILL YOU, UH, CALL THE VOTE PLEASE? MR. MEK? AYE.
THEY WILL, UM, SEND YOU A LETTER AND, AND, UH, THANK YOU FOR BEING OH.
SO HOPEFULLY, MS. WILLIAMS, HAVE YOU RECEIVED EVERYTHING YOU NEEDED TO GET? I BELIEVE SO, SIR.
AND HAVE YOU FORWARDED IT TO, OR ARE YOU ABLE TO PUT IT UP? HOWEVER, EVERY ONE OF THIS LETTER, ARE YOU GONNA PUT IT UP? OKAY.
AS LONG AS YOU HAVE IT FOR THE RECORD.
UM, OKAY, SO LET US REOPEN WHAT CASE NUMBER? OH, 33.
WHAT'S THE THING? OKAY, CASE NUMBER 2 23 DASH 0 3 3.
UM, OKAY, SO WHERE WE WERE WAS WE WERE, WE WERE ASKING FOR PICTURES TO GET OUR, A SENSE OF THE NEIGHBORHOOD BEING RELATED TO OUR STANDARD, UH, FOR A SPECIAL EXCEPTION, UM, WHICH IS WHETHER THIS WILL ADVERSELY AFFECT NEIGHBORING PROPERTY.
THIS WOULD BE A PROPERTY ADDRESS, 99 0 5 ELMA, WHICH IS, UM, CADY CORNER, UH, ONE STREET OVER AND ONE DOWN FROM THE PROPERTY ADDRESS FOR THE APPLICATION.
MR. SASHING, ARE YOU ABLE TO HEAR HIM? THAT'S HOW WE'LL KNOW IF THE MIC'S ON.
AND SO THIS IS WHAT THE FENCE WOULD LOOK LIKE AT, UH, 38 39 SEGUI VICE CHAIRMAN.
MAY I ASK A QUESTION? YES, SIR.
UH, MR. JAN, AM I CORRECT THAT THAT'S A PROPERTY YOU BUILD? YES, SIR.
SO THIS IS A CORNER LOT POINT OUT THAT THE MAP THAT WE'VE PROVIDED ALSO REFLECTS THAT PROPERTY AS A GREEN HIGHLIGHTED PROPERTY THERE ON EL APOLOGIES.
GRANT PRYOR, CAN WE GO BACK ON THE, UM, ON THE PICTURES TO THE, UM, IS THIS THE, IS THIS THE PROPERTY IN QUESTION OR IS THIS A SIMILAR PROPERTY? A SIMILAR PROPERTY, SIR.
I WAS, I WAS TRYING TO GET AN IDEA OF, UM, UM, I THINK THERE WAS A MENTION OF, UH, ALLEY, UM, AND OBSTRUCTION TO THE ALLEY.
UH, THAT'S, THAT'S REALLY WHAT I WAS TRYING TO GET, GAIN SOME PERSPECTIVE.
UM, UH, I KNOW, I KNOW WE'RE NOT, WE'RE NOT UP AGAINST QUESTIONS ABOUT VISIBILITY TRIANGLES HERE, BUT I, I JUST KIND OF WANTED TO KNOW, BUT THANK YOU FOR, FOR, FOR THIS.
UH, SO YOUR STATEMENT WAS THAT THE 50 SOME ODD HOUSES IN THE NEIGHBORHOOD HAVE SIMILAR FENCES UP AND DOWN THE NEIGHBORHOOD? OR, OR THAT AT LEAST? UH, WELL, OKAY, SO YOU'RE GONNA SHOW MORE THAN THIS.
WE ALSO HAVE PICTURES OF THE ADDRESS IN QUESTION, UM, TO SHOW WHAT IT LOOKS LIKE AND TO ADDRESS THE, WE MEET ALL CODES FOR THE VARIANCE TRIANGLE,
[01:45:01]
UM, AND COULD ADJUST THAT TO, UH, SO WHAT, WHAT IS THIS PICTURE RIGHT HERE THAT IS ON THE SAME STREET ABOUT SEVEN HOUSES DOWN AND WOULD, UH, BE PRETTY MUCH IDENTICAL LOOK AS TO WHAT WE'RE DOING JUST FOR, UH, I BELIEVE IT WAS ASKED WHAT, WHAT THINGS LOOK LIKE IN THE NEIGHBORHOOD.SO THIS IS ON WHAT? I BELIEVE THAT IT'S ON A CORNER SOMEWHERE.
THAT'S THE RED HIGHLIGHTED PROPERTY THAT IS AT DRESDEN AND WALNUT HILL, I BELIEVE.
IF YOU SEE THE PICTURE THAT'S UP NOW, THE, THE PROPERTY THE APPLICANT ADDRESS WAS THE ONE JUST PASSED WHERE THE WHITE CAR WAS IN YOUR BACKGROUND.
NOW, IS THIS A VACANT LOT, KIND OF THE, THE PHOTOGRAPHER STANDING AROUND? NO.
THOSE ARE JUST MORE EXAMPLES OF HOUSES, UH, IN THE NEIGHBORHOOD TO GIVE A LOOK AT THE FUEL IS THE QUESTION EARLIER.
WE DO HAVE THE PROPERTY ADDRESS IN THIS EMAIL SOMEWHERE AND WHAT IT LOOKED LIKE, UM, WITH THE EIGHT FOOT FENCE UP THAT WE'RE PROPOSING, AS WELL AS WHAT IT CURRENTLY LOOKS LIKE.
DO YOU KNOW HOW HIGH THIS FENCE IS RIGHT HERE,
IS THAT A DELOREAN? MORE IMPORTANTLY.
CAN WE TAKE A LOOK AT THE PROPERTY? UM, DO YOU MEAN THE SUBJECT PROPERTY, MR. SESSION? CORRECT.
AND, AND JUST TO BE CLEAR TO THE APPLICANT, I DON'T, I DON'T THINK WE'RE HERE, UM, I DON'T THINK THERE'S A QUESTION OF WHETHER OR NOT YOU, UM, HAVE, UM, ANY VISIBILITY TRIANGLE, UM, ISSUES.
SO, NO, WE'RE NOT, THIS IS THE, UH, APPLICANT PROPERTY AND THAT IS THE EIGHT FOOT FENCE THAT WOULD BE GOING UP.
AND THEN WE ALSO HAVE PICTURES OF WHAT IT LOOKS LIKE NOW.
OH, THAT LOOKS, NO, THAT'S REAL.
SO, AND, AND JUST A, UH, QUESTION TO THE APPLICANT, UM, COULD YOU NOT ACCOMPLISH, UM, WHAT YOU NEED TO DO IN TERMS OF PRIVACY, UM, UM, AND WITH, YOU KNOW, STILL HAVING SOME OPACITY TO THE FENCE AND, UM, MAYBE A SIX FOOT FENCE, EVEN IF YOU, IF YOU, UM, DECIDED TO DO SOME SHRUBBERY ON THE INSIDE TO GIVE THE ADDITIONAL SECURITY OR PRIVACY THAT YOU MAY NEED AND STILL STAY WITHIN MAYBE A SIX FOOT FENCE, IF NOT A FOUR FOOT, THAT THAT COULD BE AN OPTION? UM, I THINK THE, IF WE COULD FIND THEM, I BELIEVE THERE MIGHT BE SOME PICTURES OF THE SIDE OF THE PROPERTY.
AND I THINK NOTABLY, LIKE I WAS SAYING EARLIER, THE LIVING SPACES FACE OUT TO THIS SIDE YARD, THE LIVING ROOM, THE KITCHEN, AND YOU CAN SEE IT SOMEWHERE IN THIS PHOTO.
THE PROPERTY DOES SLOPE DOWNWARD TOWARD THE STREET FROM THE PROPERTY.
SO I BELIEVE THERE MIGHT BE SOME CONCERN AS TO WHETHER OR NOT THAT WOULD COMPLETELY COVER THE WINDOWS AND THE YEAH, I INTO THE LIVING SPACES.
UM, I, I, I APPRECIATE THAT COMMENT, BUT I MEAN, YOU'VE GOT OPEN WINDOWS, UM, UH, OVER A LARGE PERCENTAGE OF, OF THE HOUSE, SO I'M NOT, I, I GUESS I DON'T FOLLOW THAT AS A CONCERN, UM, YOU KNOW, WITH THIS PARTICULAR DESIGN.
UM, HONESTLY, UM, YES SIR, I THINK WE WOULD, YOU KNOW, WE WOULD BE COVERING THE WINDOWS WITH WINDOW COVERINGS.
THEY'RE JUST A MATTER OF, YOU KNOW, HAVING A LITTLE BIT OF SUNLIGHT TO COME IN.
[01:50:01]
WE'RE ENJOYING OUR TIME IN THE LIVING ROOM.THE KITCHEN, I THINK MR. GENERAL, FOR US, I THINK JUST THAT, SAY AS FAR AS THE OPEN WINDOWS, YOU SEE, THOSE ARE NOT INTO, UM, LIVING SPACE OR BEDROOMS, THAT'S A STAIRWELL.
UH, AS WELL AS THOSE ARE HIGH WINDOWS UP ON THE CEILING ON THE SECOND FLOOR.
SO IT'S ACTUALLY DESIGNED TO ANYWHERE WHERE YOU'RE LIVING OR, OR WANNA FEEL COMFORTABLE AND IN PRIVATE, UM, WOULD BE PROTECTED BY THE EIGHT FOOT FENCE.
SO IT LOOKS TO ME LIKE, LIKE YOU'VE GOT TWO STREETS AND THEN AN ALLEY, THE BIG ALLEY THAT RUNS EAST WEST AND THEN TURNS NORTH.
UM, CUZ I DON'T SEE A STREET NAME, SO, UM, OKAY.
DO YOU HAVE SINE AND DRESDEN OR YOUR CROSS STREETS AND THEN AN ALLEY JUST BEHIND THE PROPERTY? NO, THAT THING BEHIND ME IS AN HOUR.
THE, UH, APPLICANT ADDRESS IS, IS NOW, THAT'S A PICTURE OF WHAT IT LOOKS LIKE HERE.
SO, I'M SORRY, BEFORE YOU, BEFORE YOU SCROLL ON, UH, CAN YOU SCROLL BACK DOWN PLEASE? SO YOU, SO YOU, UM, YOUR TESTIMONY IS THAT THIS SIDE OF THE PROPERTY IS ALL LIVING SPACE, IT LOOKS LIKE.
TO THE RIGHT OF, TO THE RIGHT OF THIS, UH, THE ROD IRON FENCE, THERE IS LIVING SPACE.
THAT'S THE LIVING ROOM, KITCHEN AND DINING ROOM TO THE LEFT OF THE ROD IRON FENCE IS THE STAIRWELL AND A SHEETROCK WALL, AND THEN A BRIDGE THAT FEEDS INTO BEDROOMS UPSTAIRS.
AND A EIGHT FOOT FENCE IS GOING TO PROVIDE YOU WITH, UM, WITH ADDITIONAL SECURITY OR PRIVACY.
BECAUSE WHAT I'M LOOKING AT HERE, WHAT I SEE IS WHAT I, WHAT I THINK I SEE BY THIS PICTURE IS I'M LOOKING INTO THE, UM, THE HOME AND I SEE WHAT APPEARS TO BE A, A LANDING FOR A SECOND FLOOR, UM, AND SOME DOORS THAT PUT, I GUESS THOSE POTENTIALLY GO INTO BEDROOMS. MR. STON, LET ME INTERRUPT REAL QUICK.
WILL YOU REREAD THE STANDARD? SO CERTAINLY THE STANDARD FOR A SPECIAL EXCEPTION TO FINCH STANDARDS IS THAT THE EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY
SO PRIVACY, I SUPPOSE, UH, WELL, UNLESS YOU'RE WORRIED ABOUT THE NEIGHBORS SEEING IN AND YOU CONSIDER THAT TO BE DETRIMENTAL.
UM, SO, AND WE DO BELIEVE THAT THIS APPLICATION, UH, FALLS UNDER REQUIREMENTS OF CODE.
WE DO NOT BELIEVE THE DIVERSITY AFFECTS THE NAME.
I, I DON'T, I DON'T HAVE ANY OTHER, UH, COMMENTS.
MR. VICE AGNI, UM, MR. JEN, YOU WERE KIND ENOUGH TO PROVIDE US WITH A, A SORT OF POSTER BOARD THAT HAD A, A BUNCH OF PROPERTIES THAT WE'VE GOTTEN SIGNATURES FOR.
UM, IT SOUNDS LIKE YOU'VE BUILT QUITE A NUMBER OF HOMES IN THAT AREA, IS THAT RIGHT? MM-HMM.
UM, EVERY ONE OF THE HOMES THAT WE BUILT OUT OF THE 90 IN THIS NEIGHBORHOOD HAVE A FENCE THAT WE'RE APPLYING FOR OF THE SIGNATURES THAT WE REQUIRED.
I BELIEVE ONLY TWO IN THE RED AREA ARE HOMES WE BUILT.
UM, BUT OUR SIMILAR FENCES, WELL, UH, I CAN'T ANSWER THE SECOND PART OF THAT.
UM, O ONLY TWO IN THE RED, I BELIEVE ARE HOMES WE BUILT.
THE REST ARE JUST NEIGHBORS IN, IN AREA.
HOW MANY CASES DID YOU FIND ON THIS ONE? BECAUSE IF THERE AP FENCES, THEY HAVE HAD TO COME TO THE BOARD? WELL, HE ASKED HOW MANY SIMILAR, ARE YOU ASKING IF THEY HAVE SIMILAR FENCES IN THE NEIGHBORHOOD? I, I CAN'T REMEMBER.
I DON'T HAVE THAT INFORMATION THAT'S IN THE Z DRIVE.
I WAS JUST TRYING TO A QUESTION.
[01:55:03]
UM,MY, MY MOM AND MY SISTER, UM, THEY EACH HAVE TWO DOGS THAT THEY DON'T LIKE TO LEAVE, AND I KNOW THEY'LL BE VISITING US.
UM, I'M PRETTY SURE THREE OF THOSE DOGS COULD JUMP THIS FENCE AS IT IS SHOWN IN THE PICTURE RIGHT NOW.
SO WE, WE'D LOVE TO HAVE A LITTLE MORE SAFETY FOR, FOR THOSE LITTLE GUYS.
AND THAT WALNUT HILL'S PRETTY CLOSE BY.
UM, WE WOULDN'T WANT THEM TO GET OUT THERE.
UM, OKAY, SO THAT'S JUST AN ADDITIONAL THOUGHT.
SO I'M GUESSING PRETTY CLOSE TO THE TIME, UM, THE, UH, ARE THERE ANY FURTHER QUESTIONS BEFORE WE, WE, UH, LET THE OPPOSITION HAVE A SHOT AT? OKAY.
UH, I GUESS I SHOULD ASK WHETHER THERE ARE FURTHER SPEAKERS IN SUPPORT.
SO YOU GUYS WILL GET A REBUTTAL HERE IN A MINUTE.
HAVE WE SWORN IN? IS EVERYONE SWORN IN? OKAY, WOULD YOU PLEASE? YES, SIR.
CALL THE OPPOSITION AND VICE CHAIRS BEFORE WE GET THERE.
JUST TO POINT FOR CLARIFICATION, I WANNA MAKE SURE MY QUESTIONS DON'T COUNT AGAINST THEIR NO TIME TO.
NO, OUR QUESTION AND THEM ANSWERING IS ON OUR TIME.
SO IF, IF, IF, UH, YOU'LL PLEASE INTRODUCE YOURSELF AND GIVE YOUR ADDRESS MR. BEN HILLMAN.
AND, UH, YOU NEED TO BE ON SCREEN.
YEAH, MR. CHAIR, IF IT, IF IT'S POSSIBLE, UM, I MIGHT ASK IF JUDY MARGOLIS GOES FIRST.
UM, I KNOW THAT THIS CASE HAS BEEN, UH, DELAYED AND, AND SHE HAS, UH, EXPRESSED TO ME THAT SHE HAS A PROFESSIONAL OBLIGATION THAT AT THREE O'CLOCK.
I LIVE AT 99 42 DRESDEN DRIVE.
IN ORDER TO COUNT WE HAVE TO BE ABLE TO SEE YOUR FACE.
WE VIOLATE THE, UH, CAN YOU SEE ME NOW? THAT'S PREVIEW.
NO, HOW DO I, YEAH, YOU WERE ON JUST A SECOND AGO, BUT AM I ON NOW? NO.
SO AT THE BOTTOM OF YOUR SCREEN SHOULD BE START STOP VIDEO.
YOU WERE LITERALLY ON RIGHT THERE.
I CAN'T, I'M THERE IS A CAMERA, THERE'S A LINE ACROSS THE CAMERA.
IT'S ALSO SAYING PREVIEW ONLY.
I AM OPEN TO SUGGESTION START VIDEO, HIT START VIDEO, OR CHANCES ARE THAT MIGHT BE THE STOP VIDEO BUTTON AS WELL.
YOU COULD KICK THE COMPUTER OR YOU COULD START TOGGLING THINGS.
I, I, UM, SHARE CONTENT, SHARE CAMERA, SHARE SCREEN.
I THINK YOU CAN SEE A PICTURE.
MIKE, SOMEBODY WHO'S TRIED THIS BEFORE, I WANT YOU TO KNOW.
WE'LL STICK WITH YOU BECAUSE I KNOW YOU HAVE A, UH, AN OBLIGATION.
WE'RE NOT BLOCK IT RIGHT? NOTHING ON OUR SIDE.
I WOULD, WELL, IF IT'S SAYING PREVIEW, THEN USUALLY YOU THEN SAY, ENTER THE ROOM OR SOMETHING.
YEAH, AND I, I'M ON MY PHONE CAUSE I COULDN'T GET IT TO COME UP ON MY COMPUTER AND I DON'T SEE THAT AS AN OPTION.
AND I'M PRESSING EVERY BUTTON THAT I HAVE.
NO, BUT IN ORDER TO BE LEGAL, YOU HAVE TO BE GOOD.
LET'S, WE'RE GONNA TRY SOMETHING ON OUR END.
I MIGHT TRY CLOSING THE ENTIRE APP AND LOGGING IN.
LET ME REMOVE YOU BY OH, JUST LET BEN, LET BEN, AND I'LL PROBABLY, I DON'T KNOW WHAT TO DO.
LET LET MR. HILLMAN HAVE HIS TURN.
[02:00:02]
OKAY.CAN EVERYONE HEAR ME? YES, PLEASE, UH, INTRODUCE YOURSELF AND YOUR ADDRESS.
MY NAME IS BEN HILLMAN AND MY ADDRESS IS 99 37 DRESDEN DRIVE.
UM, I SENT, UM, A COUPLE OF PICTURES, BUT I, I, I FIRST WANTED TO, TO START OFF BY APOLOGIZING TO, TO GRANT PRYOR.
UM, THESE ARE REGRETTABLE CIRCUMSTANCES FOR MEETING A NEW NEIGHBOR, AND I REALLY APOLOGIZE FOR THAT.
UM, UNLIKE ONE OF THE SPEAKERS THAT WENT EARLIER THIS AFTERNOON, UM, THE AVANT BUILDERS MADE NO ATTEMPT TO CONTACT US, UH, THE NEIGHBORING PROPERTIES TO SAY THAT THEY WERE GOING TO ASK FOR A SPECIAL EXCEPTION, UH, TO FENCE BUILDING AND TO SEE IF WE HAD ANY INPUT ON IT.
THIS WAS THE FIRST OPPORTUNITY THAT I HAD TO SPEAK, UM, ON THE MATTER.
SO, UM, WITH, WITH THAT IN MIND, UM, I'VE LIVED, UM, AT, UM, MY ADDRESS, UM, FOR OVER 10 YEARS.
UM, I HAVE GREAT FRIENDS WITH, WITH MANY OF MY NEIGHBORS.
UM, AND, UH, OUR OPEN TREE LINE BLOCK, I THINK IS, UM, ONE OF THE, THE MOST INVITING AND, AND, UM, VALUABLE THINGS, UH, THAT WE HAVE, UM, BEEN ABLE TO, UH, FACILITATE A FEELING OF COMMUNITY WELCOME AND SAFETY IN OUR NEIGHBORHOOD.
UM, I BELIEVE LOOKING AT HERE, OH, I'M SORRY.
THERE'S THE, THE CAMERAMAN STANDING.
SO HE IS STANDING FACING SOUTH, UM, JUST SOUTH OF THE, UH, PROPERTY.
UM, THAT'S BEING, UM, TALKED ABOUT THE SUBJECT PROPERTY.
SO THIS IS MAYBE ONE HOUSE SOUTH OF THAT.
UM, AND THIS IS JUST TO PROVIDE, SO MAYBE SOUTH OF COPPIN RIDGE.
UM, IT SHOULD BE JUST SOUTH OF SEGUI AND DRESDEN FACING TOWARDS VALLEY RIDGE.
UM, AND I USE THIS JUST AS AN EXAMPLE OF A CORNER PROPERTY ON OUR STREET, UM, THAT HAS A FRONT FENCE, UM, THAT IS WITHIN, UM, HOUSING STANDARDS, UH, I'M SORRY, BUILDING, BUILDING CODE.
UM, UM, JUST AS AN EXAMPLE OF THIS IS STILL A WARM, INVITING, UM, UH, PART OF OUR HOUSE, OR I'M SORRY, PART OF OUR STREET.
UM, WITH RESPECT TO THE EXAMPLE PROPERTIES, UM, THAT WERE, UH, SHOWN, UM, BY THE APPLICANT, UM, I BELIEVE, UH, EVERY SINGLE ONE OF THOSE, UM, IS EITHER ON A MAJOR STREET SUCH AS WALNUT HILL, UM, OR IT IS, UM, A CORNER PROPERTY, UM, OF A DEAD END STREET WITH MULTIPLE STREETS THAT END THERE.
SO THERE IS MULTIPLE HOUSES IN A ROW, UM, WITH FENCES, UH, PUT UP TO PROVIDE, UM, A BACKYARD.
UM, THIS PROPERTY IS SOMEWHAT UNIQUE IN THAT IT IS THE ONLY HOUSE IN THAT AREA, UM, THAT HAS, UH, THE TWO FRONT YARDS, UM, WHERE THEY'RE SEEKING TO BUILD, UM, FENCE.
UM, SURPRISINGLY, UH, RIGHT AROUND, UH, THE CORNER FROM THAT, UM, THAT'S 99 43 COP, SO THAT WOULD BE ALMOST DUE WEST OF THE SUBJECT PROPERTY BY FOUR HOUSES.
IT'S AT THE CORNER OF COP AND SINE IS ANOTHER SUCH HOUSE, UM, ON A CORNER LOT, UM, WHERE THEY WANTED TO PUT IN A POOL AND AN EIGHT FOOT PRIVACY FENCE.
UM, AND IS MY UNDERSTANDING, THEY ASKED FOR A, A SIMILAR EXCEPTION AND IT WAS, UM, NOT BUILT THAT CURRENTLY, THAT PROPERTY HAS A ROD IRON FENCE, AS YOU SAW, UM, IS CURRENTLY IN PLACE AT THE SUBJECT PROPERTY.
I CAN APPRECIATE, UH, CONCERNS FOR PRIVACY, ESPECIALLY IN LIVING AREAS.
UM, IT'S NOT UNUSUAL IN OUR NEIGHBORHOOD TO HAVE LIVING AREAS WITH LARGE WINDOWS FACING THE STREET.
UM, MY OWN HOUSE HAS FLORIDA CEILING WINDOWS IN THE LIVING ROOM THAT IMMEDIATELY FACES THE STREET.
UM, AND I HAVE, UM, NO OBSTRUCTED VIEW OTHER THAN SOME SHRUBS IN FRONT OF IT.
UM, I, I DON'T MEAN TO DETER ANY SAFETY FOR ANYONE IN THE NEIGHBORHOOD.
UM, THE FOOT FENCE, THE BOARD ONWARD FENCE THAT WAS ERECTED, THAT WAS EIGHT FEET TALL, UM, SUBSTANTIALLY INHIBITED VIEWS UP AND DOWN THE STREET, UM, IT, UM, I THINK INHIBITED VIEWS, UM, PARTICULARLY FROM MY YARD, I COULD NOT SEE, UM, SOUTH OF, OF MY HOUSE AT ALL DOWN THE STREET.
UM, AND I DO HAVE CONCERNS, UH, FOR TRAFFIC MOVING UP AND DOWN, UM, OUR STREET, UM, FOR THE YOUNG CHILDREN IN THE AREA, INCLUDING, UH, MY OWN SON.
AS I SAID, I'VE LIVED IN THAT HOUSE FOR 10 YEARS.
UM, I IMAGINE, UM, RAISING MY SON THERE IN, IN A SAFE, OPEN AREA THAT I WOULD BE ABLE TO KEEP AN EYE ON HIM.
UM, AND I, I WOULD BE AFRAID WITH, WITH AN EIGHT FOOT WOOD FENCE IN A FRONT YARD, UM, THAT, THAT WOULD, UH, BLOCK, UM, LINE OF SIGHT, UM, FOR HALF OF HALF OF HIS NEIGHBORHOOD, MANY OF, UM, HIS FRIENDS NEIGHBORS THAT LIVE IN THAT DIRECTION.
UM, I GUESS THE FINAL THING WOULD BE
[02:05:01]
THAT, UM, THIS IS A NEW BUILD HOUSE.I DON'T KNOW IF, IF THE, UH, BOARD IS AWARE OF THAT.
IT WAS JUST, UH, CONSTRUCTION WAS JUST FINALIZED AND, UM, THE HOUSE THAT WAS THERE PREVIOUS DID NOT, UM, HAVE, UM, A, A BOARD ON BOARD, UH, FENCE, UM, IN THAT SAME AREA.
UM, IT RESPECTED THE 40 FOOT, UH, BUILDING SETBACK, UM, AND, UH, THE, THE DECISION TO NOT HAVE A, A, UH, A PRIVACY OUTDOOR OUTDOOR LIVING AREA.
UM, IF, IF IT'S A NEW BUILD, AND THAT WAS SOMETHING THAT WAS HIGHLY DESIRABLE, UM, YOU KNOW, PERHAPS DIFFERENT BUILDING PLANS COULD HAVE BEEN DRAWN UP FOR THAT LOT, UM, TO BE WITHIN BUILDING CODE, UM, FOR WHAT IT WAS THAT YOU WERE SEEKING.
UM, THEN FINALLY, JUST TO GIVE, UM, THESE ARE, UH, TWO PICTURES I TOOK JUST FROM GOOGLE, UM, MAPS, UM, WHEN YOU SAID THAT YOU WERE GOING TO ALLOW, UM, LAST MINUTE, UM, ENTRIES FOR PRESENTATION.
I'M, I'M SORRY I DON'T HAVE MORE PUT TOGETHER.
UM, IS, UH, WHAT YOU'RE LOOKING AT CURRENTLY, UM, IS A VIEW, UH, DOWN THE STREET.
UM, MY HOUSE IS THE HOUSE ON THE RIGHT HAND SIDE OF THE STREET WITH THE CAR PARKED RIGHT IN FRONT OF IT.
UM, THE SUBJECT PROPERTY IS, UH, JUST BEYOND THAT HOUSE.
UM, AS I SAID, THERE'S AN ALLEYWAY, UH, BETWEEN MY HOUSE AND THEIR HOUSE.
UM, AND, UH, JUST TO GIVE YOU A FEEL FOR HOW THE, UH, OPEN STREET, UM, ALLOWS FOR, UM, AN INVITING NEIGHBORHOOD COMMUNITY, UM, I, UM, VERY MUCH RESPECT, UH, AVANT, AS HE SAID, THEY'VE BUILT MANY HOUSES, UM, IN OUR NEIGHBORHOOD.
UM, WE'VE HAD GOOD RELATIONSHIPS WITH MANY OF THE STAFF THAT WE'VE TALKED TO AND INTERACTED WITH.
UM, UM, OUR FRIENDS, UM, THAT LIVE ACROSS THE STREET, LIVE IN A HOUSE THAT WAS BUILT BY AVANT.
UM, THEY HAVE A BACKYARD, UM, BOARD ON BOARD EIGHT FOOT FENCE, AND I HAVE NO PROBLEM WITH IT.
UM, IS THIS ONE THAT'S IN THE FRONT YARD THAT, THAT I TAKE EXCEPTION TO? UM, AND I MEAN, MY, MY WIFE AND I HAVE, UM, PROACTIVELY GONE OUT BAKED COOKIES, UH, FOR NEW NEIGHBORS AS, AS THEY'VE MOVED IN, UM, TO INTRODUCE OURSELVES AND WELCOMED INTO OUR NEIGHBORHOOD.
UM, THAT IS THE, THE, UM, INTRODUCTION I WOULD LIKE FOR NEIGHBORS TO HAVE NOT A LEGAL HEARING LIKE THIS.
ARE THERE QUESTIONS? WELL, MR. UH, OKAY.
HEARING NONE, UH, IS THAT THE, I I DON'T MEAN TO STOP YOU OR IS THAT THE END OF YOUR TESTIMONY? THANK YOU.
AND THANK YOU FOR STICKING WITH US, BY THE WAY.
THERE'S NOTHING ABOUT THIS HEARING THAT IS NORMAL,
SO I GUESS MS. MARGOLIS IS STILL FIGHTING? NOPE.
JUDY, WE COULDN'T SEE YOU RIGHT UNTIL YOU STARTED SPEAKING.
WAIT, CAN YOU SEE ME NOW? CAN YOU SEE ME NOW? YES.
WHAT'D YOU DO? WHAT, WHAT DID WHATEVER YOU DID UNDO IT.
THERE, CAN YOU SEE ME NOW? NO.
YES, MS. DID DID YOU HAVE AN ID? DO YOU KNOW WHAT'S GOING ON? I CAN SEE.
UH, HOSKINS TOLD ME THAT THE, UM, DID SHE, UH, WELL, DID SHE LOG OUT, LOG BACK IN ON HER PHONE? DID YOU? NO.
DID YOU LOG OUT AND LOG BACK IN? NO.
NO, BECAUSE HONEST TO GOD, GETTING, SHE MIGHT NEED TO TRY IT.
GETTING THIS FAR WAS EVERYTHING I HAD, I'VE HAD THE WORST TROUBLE WITH THIS APP.
I WAS AFRAID TO LOSE THE CONNECTION ALTOGETHER.
BUT WE HAVE TO BE ABLE TO SEE HER, RIGHT? SAYS IT SAYS MS. MARGOLIS.
WHY, WHY DON'T YOU TRY? YOU, YOU, UH, YOU SHOULDN'T HAVE THE SAME ISSUES SINCE YOUR PHONE HAS DOWNLOADED THE APP.
IT'S ALREADY, UH, LAUNCHED THE APP.
SO IF YOU LOG OUT AND LOG BACK IN, YOU SHOULDN'T HAVE THE SAME ISSUES THAT YOU DID ORIGINALLY.
YOU CAN LISTEN TO MS. ALEXANDER WHILE I'M, I'M BUSY TRYING TO DO THIS.
[02:10:01]
OKAY.CAN YOU SEE ME NOW, ANDREW? NOPE.
IF YOU SHOW UP, WE WILL, WE WILL SCREAM IN HAPPINESS.
I'M TERRIFIED TO TOUCH ANYTHING ON MY END.
MY NAME, MY NAME IS JENNIFER ALEXANDER, AND I RESIDE AT 99 43 DRESDEN DRIVE.
UM, I DO LIVE WITHIN THE 200 YARDS OF THE PROPERTY IN QUESTION IN AT 38 39 SEGUI.
UM, AND I AM OPPOSED TO THIS SPECIAL EXCEPTION FOR AN EIGHT FOOT FENCE.
UH, I'VE LIVED IN THE NEIGHBORHOOD FOR ABOUT 15 YEARS, AND AS YOU CAN SEE FROM THE, THE IMAGE YOU'VE, YOU'VE SEEN TODAY THAT WE'VE, WE'VE HAD A LOT OF CHANGES IN OUR LITTLE NEIGHBORHOOD OVER THE YEARS.
UM, BUT I THINK THAT THIS SPECIAL EXCEPTION WOULD CHANGE THE COMPLEXION OF OUR STREET, UH, NOT TO MENTION, CREATE A SAFETY CONCERN FOR MOTORISTS AND PEDESTRIANS ALIKE.
UM, AS SOMEONE WHOSE HOME OFFICE, UH, HAS A FLOOR TO CEILING, FRONT WINDOW FACING DRESDEN DRIVE, I CAN HEAR CARS DAY AND NIGHT, UM, BOTTOMING OUT WHERE SEINE AND DRESDEN MEET, UM, BECAUSE THEY'RE GOING TOO FAST FOR RESIDENTIAL.
UM, WHEN THE EIGHT FOOT FENCE WAS ERECTED, UM, I KIND OF WALKED IN FEAR AND I DIDN'T GO DOWN THAT DIRECTION BECAUSE I THOUGHT, I'M NOT GONNA BE ABLE TO SEE PEOPLE COMING OR GOING.
UM, SO I WAS TAKEN ABACK WHEN THE WOODEN FENCE WAS PUT UP EARLIER THIS YEAR BECAUSE, UM, THE RENDERING THAT HAD BEEN POSTED AT THE CONSTRUCTION SITE SHOWED NO SUCH FENCE OR PLAN IN PLACE.
UM, AND LIKE I SAID, THE, IT WAS LOOMING, IT WAS INVASIVE, AND PARTIALLY BECAUSE, UM, THE, THE RESIDENTS THAT HAD BEEN THERE BEFORE, UH, THE IMPROVEMENT THAT HAD BEEN THERE BEFORE WAS SET BACK.
AND THAT AREA WAS JUST OPEN AND GREEN.
LIKE MR. HILLMAN SAID, WE DID HAVE A CLEAR VIEW OF OUR WHOLE STREET.
UM, AND SO WHEN I CAME HOME FROM WORK ONE DAY AND THEY WERE TAKING DOWN THE WOODEN FENCE AND ERECTING THE ROCK IRON, I WAS, I WAS REALLY DELIGHTED.
UM, I THOUGHT THAT WAS THE BEST SOLUTION.
UM, BECAUSE IT IS A FRONT YARD AND A FRONT YARD IN OUR NEIGHBORHOOD SHOULD NOT HAVE A FORTRESSLIKE FENCE AROUND IT.
UM, I'M JUST A PERSON, I'M NOT A LEGAL PROFESSIONAL NOR
UM, BUT I HAVE READ MANY TIMES THAT IN THE APPEAL AND IN THE ZONING, UM, R DASH 75 A, WE'RE TALKING ABOUT FRONT YARDS.
THAT'S THE LANGUAGE THAT WE'RE TALKING ABOUT TODAY.
UM, THE IMAGES THAT WE'VE SEEN FROM MR. GENT SHOW BACKYARDS.
UM, AND TO THAT POINT, AS A RESPECTFUL NEIGHBOR, I MUST POINT OUT THAT IN MY OPINION, THE BUILDERS SHOULD HAVE CONSIDERED THIS PRIOR TO ANY PLANS OR CONSTRUCTION ON THIS PARTICULAR SITE.
UM, IN OUR ESTABLISHED RESIDENTIAL NEIGHBORHOOD, WE HAVE NO EXPECTATION OF PRIVACY IN A FRONT YARD.
I DON'T HAVE PRIVACY IN MY FRONT YARD.
I WANT MY NEIGHBORHOOD TO BE SAFE.
I MEAN, WE
WE ALL SURVIVED THE TORNADO TOGETHER.
UM, AND LIKE, LIKE MR. HILLMAN SAID, UM, WE LOOK OUT FOR EACH OTHER AND I HATE THAT.
THIS IS HOW WE'RE MEETING THE FIRST TIME YOU'RE ON.
YES, MS. ALEXANDER, LEMME ME INTERRUPT YOU BRIEFLY.
WE DO SEE, YOU DON'T, DON'T CHANGE ANYTHING.
NO, I'M NOT TALKING TO YOU OTHER, OH, SHE OKAY.
UM, SO YEAH, LIKE WE, LIKE MR. HILLMAN SAID, UM, WE'RE IN, WE'RE A NEIGHBORHOOD, WE LITERALLY ARE NEIGHBORS.
WE WORKED OUT, WE WATCH OUT FOR EACH OTHER.
AND THIS FRONT YARD FENCE IS KIND OF PROHIBITIVE OF THAT.
UM, FOR ALL INTENTS AND PURPOSES, IT'S NOT A BACKYARD.
AND I, UM, I WISH WE WOULD, WOULD NOT REFER TO IT AS THAT WAY BECAUSE IT'S, IT'S AN OPEN SPACE THAT HAS BEEN THERE FOR LONGER THAN I HAVE.
SO THANK YOU FOR YOUR TIME THIS AFTERNOON.
ARE THERE QUESTIONS FOR MS. ALEXANDER? I'VE GOT TWO QUESTIONS FOR MS. ALEXANDER.
OR, UM, MR. HILLMAN, IF YOU HAPPEN TO STILL BE ON E EITHER WAY, UNLESS THEY'RE BEEN RELEASED.
UH, AM I RIGHT THAT THERE IS A SIDEWALK ON, UM, DRESDEN ON YOUR SIDE OF THE STREET AT THE SOUTHERN PROPERTY? THERE IS.
AND, AND SINE HAS A STOP SIGN GOING INTO DRESDEN.
UM, YOU KNOW WHAT? I CAN'T SWEAR WITH
[02:15:01]
NOT SURE THAT THERE IS.AND I'M, I'M NOT ACTUALLY ON DRESDEN AT THE MOMENT, SO I CAN'T POP OUT MY FRONT DOOR AND, AND TELL YOU
WELL, I I JUST THINK YOU WERE TALKING ABOUT, UM, THE SOUND OF CARS.
SO I ASSUME THAT MEANT THAT THAT WAS THROUGH.
AND SO I I ASSUMED THAT IT'S SEINE, IT'S THESS THE NORTH SOUTH.
IT'S THE NORTH SOUTH TRAFFIC ON DRESDEN THAT KIND OF BOTTOMS OUT WHERE SEINE MEETS DRESDEN.
AND IS THERE A, UM, ON SINE THE, THE MM-HMM.
UHHUH
IT DOES IN, IT DOES IN A BACKYARD FASHION.
UM, THERE'S STILL THE CORNER LOT OF THAT HOUSE THAT YOU'RE REFERRING TO THAT, THAT DOES NOT HAVE A FENCE, BUT THAT'S ALSO ANOTHER PROPERTY THAT HAS TWO FRONT YARDS BASED ON SETBACKS LIKE THE SUBJECT PROPERTY WE'RE TALKING ABOUT, UH, TWO FRONT YARDS.
I, AND THE FACT THAT IT'S A PROPERTY, I'M TRYING SURE.
I UNDERSTAND FROM A YES, OF COURSE IT PERSONALLY AFFECTED HOW IT GOES, BUT THAT ONE MM-HMM.
IT, THE, THE, THE SWITCH ON SIDI IS ON SINE IT'S NOT ON FRESNO FOR THAT ONE.
SO THAT, LIKE ALL THE, ALL THE OTHER HOUSES THAT YOU CAN SEE ON DRESDEN DON'T HAVE ANY FENCE EXCEPT FOR THIS SUBJECT PROPERTY.
UH, AND AT THE END OF DRESDEN TOWARDS VALLEY RIDGE, THERE'S A, A FOUR, A SMALL FOUR FOOT FENCE ON THAT HOME.
UM, ON THE NORTH END OF DRESDEN, UH, WHERE MR. GENTZ WAS SHOWING THOSE IMAGES.
UM, THE EIGHT FOOT FENCE IN QUESTION IS THEIR, IS THEIR BACKYARD, THEY, THEY DO HAVE A FOUR FOOT, PRESUMABLY IT'S FOUR FOOT.
I HAVEN'T MEASURED IT, BUT THEY DO HAVE A SHORTER FENCE, UM, THAT, UH, GOES AROUND THE CORNER OF THEIR FRONT YARD.
PLEASE, UH, INTRODUCE YOURSELF AND YOUR ADDRESS.
CAN YOU, YOU, CAN YOU HEAR ME? THERE'S A BIG STORM GOING ON IN THE BACKGROUND.
WILL WE HEAR YOU AND SEE? FANTASTIC.
UM, AND AGAIN, TO, TO MR. PRYOR WHO I'VE ACTUALLY HAD THE OPPORTUNITY TO MEET, WE REALLY DO WELCOME YOU TO THE NEIGHBORHOOD.
WE WE'RE REALLY SORRY THIS IS HAPPENING.
I STILL LIVE AT 99 42 DRESDEN DRIVE.
I, TOO WAS NOT APPROACHED BY ANYONE WITH A PETITION ABOUT THE FENCE.
MY CONCERN IS THE SAFETY, ALL THE FENCES THAT HAD BEEN PREVIOUSLY SHOWN, UM, ACTUALLY, UM, ABIDE BY THE STEP BACK RULES AND THE FENCE THAT'S BEING PROPOSED DOES NOT, UH, IT GOES ALL THE WAY UP TO THE SIDEWALK CUZ THEY'VE ALREADY BUILT IT AND TAKEN IT DOWN ONCE.
UH, THE ALLEYWAY THAT IS IN IS IN DISPUTE, IS ALSO THE ENTRYWAY FOR A LOT OF THE NEW HOUSE'S GARAGES.
UM, AND SO THE CONCERN WITHOUT HAVING THE SETBACK FOR THE WOODEN FENCE IS THAT PEOPLE AREN'T GONNA BE ABLE TO SEE AROUND THE CORNER AND MIGHT GET NAILED BY PEOPLE WHO SEEM TO THINK THAT THE ONE BLOCK OF DRESDEN IS, IS THE INDIANAPOLIS SPEEDWAY.
UM, THE FENCE AT THE TOP THAT EVERYBODY'S TALKING ABOUT AT THE TOP OF THE BLOCK AT DRESDEN AND WALNUT HILL, IT'S A FOUR FOOT FENCE.
THERE HAVE BEEN COMPLAINTS ON THAT FENCE AS WELL.
AND IN POINT OF FACT, ONE OF OUR NEIGHBORS ACTUALLY GOT THEIR CAR TOTALED IN AN ACCIDENT BECAUSE THE FENCE SIGHT LINES, UM, THE, THAT LITTLE FOUR FOOT FENCE, IT ACTUALLY, UM, ADHERES TO ALL THE SETBACK RULES, UH, WAS STILL IMPEDED HER VIEW OF THE STREET.
AND SHE GOT NAILED AND HER CAR GOT TOTALED.
SO FOR ME, IT'S A SAFETY ISSUE.
I, OF COURSE TREASURE MY, MY NEIGHBORHOOD AND HOW CHARMING WE ARE AND HOW OPEN THE STREETS ARE.
I UNDERSTAND THEIR DESIRE FOR THE PRIVACY.
THAT HOUSE IS JUST A BLOCK OF WINDOWS IN THE FRONT.
I HATE TO SAY IT, BUT MIGHT I SUGGEST REMOTE WINDOW BLINDS.
THEY'VE GOT TRANSLUCENT FABRICS THAT WILL STILL LET LIGHT IN, BUT STILL KEEP OUT PEOPLE LOOKING IN.
AND YOU'VE GOT A NICE START ON SOME BUSHES IN FRONT OF THE FOUR FOOT FENCE.
WE'RE CONCERNED, I'M CONCERNED ABOUT THE SAFETY OF THE ALLEY PEOPLE COMING AND GOING.
UM, BEN'S KID GETTING TO PLAY IN HIS OWN FRONT YARD SAFELY OR A NEIGHBORHOOD.
I KNOW THE PEOPLE WHO ARE HERE TODAY.
I KNOW EVERYBODY ON THE BLOCK.
WE, WE WANNA WELCOME EVERYBODY AS BEST AS POSSIBLE.
[02:20:01]
IF WE COULD KEEP THE FOUR FOOTS, FOUR FOOT OPEN FENCE FOR, FOR THE NEIGHBORHOOD, FOR THE SAFETY OF THE BLOCK, THAT SEEMS TO BE IDEAL.ARE THERE, UH, QUESTIONS? OKAY.
WELL, I'M GLAD YOU WERE ABLE TO, UH, HERE'S A QUE THERE'S A QUESTION.
MR. SASHING, THE PREVIOUS, UH, SPEAKER.
SO THE, THE FENCE AT THE CORNER OF SEGUI AND DRESDEN THAT'S CURRENTLY, CURRENTLY THERE, THERE'S A WOOD FENCE.
UM, THE PROPERTY IS A CORNER LOT.
UM, THERE IS NO SIDEWALK, UM, AT LEAST FROM WHAT I CAN SEE, THERE'S NO SALT SIDEWALK ON THAT SIDE OF THE STREET.
CORRECT? UH, DO YOU, DO YOU CONTEND THAT THERE ISN'T A PROBLEM WITH THAT PARTICULAR FENCE OR THERE IS CAUSE IT APPEARS TO BE EIGHT FEET HIGH AS WELL? IT'S NOT, IT'S NOT SO MUCH THE EIGHT FEET HIGH.
THAT FENCE THAT YOU'RE SPEAKING OF, IT'S, UM, SETBACK.
IT'S GOT GOT AT LEAST 10 FEET FROM THE CURB.
I WALK MY DOG AROUND THERE EVERY FREAKING NIGHT.
UM, AND THAT FENCE HAS THE PROPER AMOUNT OF YARD YOU CAN SEE AROUND IT.
THE ALLEY, THE ALLEY IN QUESTION REALLY IS A THROUGHWAY.
IT'S THE WAY THAT THE PEOPLE ON, UM, UH, COP AND WHEN, WHEN THE NEIGHBORHOOD WAS BUILT IN 1951, WE WERE BUILT WITH FRONT FACING GARAGES.
SO EVERYBODY JUST PULLED INTO THEIR GARAGE.
NO, THE ALLEYS ARE JUST FOR GARBAGE CANS.
UM, BUT NOW WITH THE, WE'RE A TEAR DOWN NEIGHBORHOOD AND AS THEY BUILD THE NEW HOUSES, THEY'RE BUILDING REAR ENTRY GARAGES AND WE'RE GETTING MORE AND MORE OF 'EM.
AND THAT ALLEYWAY IS THE THROUGHWAY FOR A LOT OF THOSE GARAGES.
SO IT'S NOT AN UNTRAVELED ALLEYWAY, IT'S NOT JUST THE GARBAGE TRUCKS THAT ARE GOING UP AND DOWN THAT REAL PEOPLE AND REAL CARS ARE.
AND THERE IS NO WAY TO SEE AROUND THAT FENCE UNTIL YOUR, YOUR CAR IS HALFWAY OUT.
AND, AND JUST TO SEE IF I CAN ADD, I'M, I'M NOT POSITIVE, BUT I THINK THE, THE FENCE YOU'RE TALKING ABOUT, UM, WAS THERE WHEN I MOVED IN.
UM, AND I THINK THAT IT'S SIX FEET, UM, FOR, FOR WHAT IT'S, BUT, BUT IT IS OPPOSITE IN THAT THE, THE ADDRESS FOR THAT HOUSE IS DRESDEN.
SO IT'S ALL FLIPPED INSTEAD OF THE ADDRESS BEING SINE.
SO, SO DID YOU SAY YOU HAVE TWO QUESTIONS, UM, MR. SASHING.
SO THE, SO THE ISSUE AT HAND FOR THE, UM, FOR THE, UM, SPEAKERS IN OPPOSITION IS THE FACT THAT THIS PARTICULAR FENCE, UM, IN ADDITION TO, TO NOT HAVING THE, UM, OPACITY, UM, IT IS ALSO THAT IT, IT DOES COME RIGHT UP TO THE SIDEWALK AND CREATES WHAT, UM, YOU PERCEIVE AS A ABILITY AND SAFETY CONCERN FOR PEDESTRIAN AND, AND MOTORIST.
CORRECT? I I FEEL LIKE IT TURNS MY FRONT YARD INTO THE END OF A BLOCK RATHER THAN THE MIDDLE OF A BLOCK.
ARE THERE OTHER QUESTION, MR. SLADE? NO, I DON'T HAVE A QUESTION.
ARE THERE OTHER SPEAKERS IN OPPOSITION? NO, SIR.
HEARING NONE, THE APPLICANT HAS A FIVE MINUTE REBUTTAL, BY THE WAY.
THANK YOU ALL, INCLUDING THE APPLICANT FOR HANGING WITH US.
YOU WILL, YOU, YOU'LL, UH, SEE THAT THESE ARE NOT NORMAL TIMES, AT LEAST I HOPE THEY'RE NOT NORMAL, SIR.
UH, IN FAVOR FOR THE APPLICATION, UH, JUST TO NOTE IT, UH, GO BACK TO MR. SLADE'S COMMENTS, THE REFERENCE THAT YOU WERE, THAT'S TWO FRONT YARDS THE SAME AS WHAT WE'RE ASKING FOR HERE.
AND THE PICTURES THAT WE SHOWED WERE THE SAME APPLICATION, NOT BACKYARDS, BUT TWO FRONT YARDS.
AND SO WE'RE USING SEGUI AS THE FRONT YARD AND DRESDEN AS, AS THE BACKYARD OR SIDE YARD.
BUT THAT WAS THE REQUEST FOR THE, THE VARIANCE.
UM, I GUESS NEXT WOULD BE, UH, COP EDGE IS THE STREET BEHIND DRESDEN AND THEN THERE'S DRESDEN.
AND SO THAT ALLEY, THERE'S NO REAR ENTRY GARAGES ON COP EDGE AT ALL ON THAT SIDE.
AND THE ONLY TWO, UH, I I BELIEVE THERE'S NO REAR ENTRY ON, ON DRESDEN EITHER, UH, TO MY KNOWLEDGE.
SO ALLY IS, IS NOT USED FOR ENTRY FOR CARS.
UM, I GUESS LASTLY WOULD BE THAT, UH,
[02:25:01]
WITH THE, THE VISIBILITY TRIANGLE AND WHERE THE WE'RE LOCATED, IT'S ON THE PROPERTY LINE, SAME AS THE OTHER REFERENCE DRESS ADDRESS ON SEGUI.SO IT IS A GOOD, UH, 10, 12 FEET OFF OF THE, THE, UH, CURB EDGE WHERE REQUIRED BY, UM, PROPERTY LINE.
YOU'RE, YOU'RE NOT HERE FOR VISIBILITY.
IN FACT YOU'RE IN LINE WITH ALL OF THOSE.
IT'S, IT'S LOCATED THE SAME OFF THE CURB AS THE OTHER REFERENCE ADDRESS.
THIS IS WHY S MAY I ASK, UH, MR. JEFF A QUESTION? UM, MS. MARGOLES HAD A GOOD POINT WHERE SHE WAS TALKING ABOUT WALKING HER DOG AND, AND SAYING THAT IT WAS OFF THE STREET BY THE SETBACK IS BASED ON YOUR RECOLLECTION AND OPINION, IS THAT THE SAME? IS THIS S SORRY, LET ME RESET SO I CAN ACTUALLY ASK A DECENT QUESTION.
UM, MS. MARGOLIS NOTED THAT THAT DIDN'T HAVE A SIDEWALK, BUT THE FENCE WAS FAR ENOUGH OFF THE STREET IS THAT DISTANCE FROM THE STREET TO THAT FENCE ON SEGUI, WHICH MAY BE SIX FEET TO, TO MR. HILLMAN'S POINT.
UM, IS THAT THE SAME DISTANCE AS THE FENCE IS TO THE STREET THOUGH? THERE'S A SIDEWALK ON DRES IN FOR THE SUBJECT PROPERTY? THAT IS CORRECT.
SIR, THANK YOU TO EVERYONE FOR, UH, LETTING US HAVE ADDITIONAL TIME TO GET OUR MATERIALS IN.
AND, UH, THANK YOU PARTICULARLY TO, UM, UH, MORNING EVERYONE WHO'S HERE.
UH, A AGAIN, I LIKEWISE, I I REGRET BEN, JENNIFER, MARY, THAT, YOU KNOW, WE'RE MEETING UNDER THESE CIRCUMSTANCES WITH ALL OF THESE.
UM, YOU KNOW, IT'S NOT THE BEST WAY, BUT, UH, AGAIN, THANK YOU FOR BEING HERE AND, UH, WE, YOU KNOW, WE APPRECIATE IT AND I APPRECIATE THE TIME THAT EVERYONE, UH, ALLOWED US.
UM, WITH THE, UH, I GUESS IF I COULD JUST SPEAK TO THE, THE TRAFFIC AND AND SAFETY ISSUE.
UM, I THINK, YOU KNOW, EVERYONE NOTED THERE, THERE ARE TREES AND BUSHES OUT IN THE FRONT YARD.
I MEAN, YOU CAN'T, YOU KNOW, THOSE ALSO BLOCK THE VIEW DOWN THE STREET THE SAME AS A FENCE WOULD I BELIEVE, I BELIEVE A MOTORIST IS OBLIGED TO WATCH THE STREET AND THE SIDEWALKS.
UM, AND THEY'RE AT DRESDEN AND SEGUI.
UH, LIKEWISE, A MOTORIST SHOULD NOTE THAT THERE'S AN INTERSECTION COMING AND SLOW DOWN FOR PEDESTRIAN AND IN VEHICULAR TRAFFIC.
UM, AND, UH, I THINK, YOU KNOW, EVERYONE HAS BEEN DISCUSSING THE DIFFERENCE BETWEEN A, A FRONT OR A BACK OR A SIDE YARD.
I THINK, UM, YOU KNOW, FOR OUR PURPOSES, THIS WOULD BE OUR, OUR BACKYARD, OUR, OUR ONLY REAL OPPORTUNITY TO HAVE A PRIVATE BACKYARD, A PRIVATE OUTDOOR GATHERING SPACE FOR OUR, OUR FRIENDS, FAMILY AND NIECES, NEPHEWS.
UH, WE WERE HOPING TO INVITE OVER.
UM, AND I, YEAH, I, I DON'T KNOW THAT IT'S A A MATTER HERE, BUT AS THE BOARD AND MR. GEN NOTED THAT THERE IS NO PROBLEM WITH THE, THE VISIBILITY TRIANGLE, THE LINE OF SIGHT FROM, FROM ALLEY, YOU KNOW, THAT WILL FALL WITHIN I THINK THE REQUIREMENTS OF, OF CODE FOR VISIBILITY PURPOSES FROM ALL.
UM, AND, UH, I THINK ONE OF THE, ONE OF THE HOMES THAT MR. JEN PRESENTED ALMA, WAS SIMILARLY, UH, A SIDE YARD, A HOME THAT DID NOT HAVE A, A BACKYARD, BUT AT A SIMILAR FENCE TO WHAT MR. JEN HAS PROPOSED FOR THE PROPERTY SO THAT HE COULD ACCOMMODATE, UH, A BACKYARD OR A SIDE YARD OR A PRIVATE YARD SO THAT THE, THE, UH, THE HOMEOWNERS THERE CAN HAVE THEIR, UH, THEIR PRIVATE OUTDOOR SPACE.
AGAIN, UH, JUST WANT TO POINT OUT THAT WE'RE, YOU KNOW, WE'RE AS IN LOVE WITH THE NEIGHBORHOOD AS YOU ALL ARE.
THAT'S WHY WE'VE SOUGHT IT OUT.
WE'VE BEEN LOOKING AT HOMES THERE FOR LITERALLY YEARS.
UH, THE MARKET HAS BEEN VERY DIFFICULT.
UM, AND THIS JUST, UH, THIS HOME CAME ACROSS OUR RADAR BY CHANCE AND HAPPENED TO CHECK OFF ALL THE OTHER BOXES FOR ACROSS LOCATION, NEIGHBORHOOD, AND, UH, JUST WHAT WE'RE LOOKING FOR IN, IN THE HOME ITSELF.
AND, YOU KNOW, GETTING THIS PRIVATE YARD WITH BILLY, LIKE, CHECK OFF THE FINAL BOX FOR THIS TO BE THE PERFECT HOME, THE PERFECT HOME FOR US.
UH, BEFORE YOU WALK AWAY THIS YES SIR.
[02:30:01]
WANT TO BE SURE WE'RE CLEAR.UM, YOU DON'T, YOU, YOU'RE HERE TODAY FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATION.
IS THAT CORRECT? AND THE, AND THE, YES, THE, WE'RE NOT HERE FOR, UM, SETBACKS OR ANYTHING OF THAT NATURE FOR THIS PARTICULAR AVENUE.
ALRIGHT, SO, UM, I, I, I THINK THAT'S IT.
WE CAN, I, I'LL DISCUSS THE REST AND, AND, UH, WHEN WE HAVE, UM, DISCUSSION ON THE MOTION.
I ALSO JUST SAY THERE, THERE NOW IS A SIDEWALK, UH, ALONG THE SIDE OF THE SUBJECT PROPERTY ON DRESDEN.
AND I THINK THAT ALSO HELPS WITH, UH, THE SAFETY CONCERN.
WITH THAT, WE'LL CLOSE THE PUBLIC HEARING AND, UH, SEE THE MO I'M SORRY.
NO, IF, IF YOU'RE NOT, I WAS JUST GONNA SAY THAT THE ADVERSE EFFECTS TO THE NEIGHBORHOOD, WHAT I HEARD WAS SAFETY AND, UM, THE VISUAL OF THE TREES.
AND I WOULD JUST SAY THAT, THAT THE SIZE OF THE FENCE DOESN'T REALLY AFFECT SAFETY.
WE WOULD BE REWRITING KIND OF A VISIBILITY TRIANGLE CODE, RIGHT? IF WE'RE TALKING ABOUT SAFETY OF THAT.
SO IT'S THE, THE, BECAUSE OF THE SIDEWALK AND BECAUSE OF THE WAY IT'S LOCATED, I DON'T THINK IT AFFECTS SAFETY.
AND THEN AS MR. PRYOR POINTED OUT, THE TREES ALSO ARE SOMETHING THAT YOU LOOK AT AS YOU LOOK DOWN THE STREET.
SO I'M NOT SURE THE FENCE WOULD BE ANY EBIT THAN THAT.
SO THANK YOU FOR YOUR TIME AND THANK YOU FOR YOUR CONSIDERATION.
WITH THAT, WE'LL CLOSE THE PUBLIC HEARING AND SEEK A MOTION.
MR. SLAY, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 33 ON APPLICATION CHRIS GEN GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE AS THE SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FENCES CONTAINED IN NEW DALLAS DEVELOPMENT AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT MAY BURN PROPERTY, A FURTHER MOVE THAT THE FOLLOWING CONDITION BEING IMPOSED TO FURTHER THE PURPOSE AND INTENT OF DEVELOPMENT COMPLIANCE WITH THE SUBMITTED SITE PLAN ELEVATION IS REQUIRED.
SECONDED BY MS. P*****K FIRST, UH, DISCUSSION.
OH, I'M SORRY, MR. STON, PLEASE.
UM, SO TAKING INTO ACCOUNT, UM, ALL THAT HAS BEEN BEEN SAID, UM, THINKING BOTH THE APPLICANT AND THOSE WHO SPOKEN IN OPPOSITION, UM, I WOULD LIKE TO JUST MAKE THE POINT THAT, UM, THE PRIVACY CONCERNS, UM, CAN BE ADDRESSED.
AND IT DOESN'T HAVE TO, IT DOESN'T HAVE TO BE WITH AN EIGHT FOOT HIGH, UM, ZERO OPACITY DEFENSE.
UM, THOSE SAME CONCERNS WE'VE, WE'VE SEEN BEFORE US AND I, AND AGAIN, I WON'T ADDRESS, ADDRESS, UM, THINGS THAT WE'VE SEEN BEFORE, BUT WE KNOW THAT THESE CONCERNS CAN BE ADDRESSED IN OTHER WAYS.
SO I WOULD JUST MAKE PLEA TO THE APPLICANT, ESPECIALLY MOVING INTO SUCH WHAT SEEMS TO BE SUCH AN ENDEARING NEIGHBORHOOD WITH SUCH ENDEARING NEIGHBORS, UM, TO TRY AND, UM, FIND OTHER METHODS, UM, MAYBE THE USE OF A NOT SO TALL FENCE AND MAYBE USING SOME SHRUBBERY OF SOME KIND TO CREATE THAT ELEMENT OF PRIVACY THAT THEY'RE, UH, SEEKING TO MAKE IT MORE INVITING FOR THEIR FRIENDS AND RELATIVES TO, UM, TO VISIT AND ENJOY THEIR PROPERTY.
SO, UM, THAT'S, THAT'S MY, THAT'S MY COMMENT.
VICE AGNI, THIS ONE'S REALLY TOUGH FOR ME.
UM, I BELIEVE THAT THE APPLICANT, UM, CARRIED HIS BURDEN TO ESTABLISH THAT THERE'S A LOT IN THE NEIGHBORHOOD THAT IS SMOOTHLY SITUATED.
UM, PARTICULARLY AS YOU COULD PROBABLY TELL FROM ALL MY QUESTIONS, I WAS VERY FASCINATED BY THE PROPERTY THAT WAS RIGHT THERE ON, ON SKIING BECAUSE YOU HAVE A SIMILARLY SITUATED PROPERTY THAT HAS TWO FRONT YARDS BASED ON WHERE THE STREETS ARE.
UM, AND OF COURSE THE, THE DIFFERENCE BETWEEN THE TWO IS THE ONE IS CHOOSING FOR ONE CHOSE TO LEVERAGE SINE AS THE BACKYARD OR SIDE YARD AND, AND THE SUBJECT PROPERTY IS TRYING TO LEVERAGE DRE.
UM, I BELIEVE THAT THE, UH, THOSE IN OPPOSITION MADE A VERY COMPELLING CASE AND
[02:35:01]
I COMPLETELY UNDERSTAND WHY THEIR CONCERNS ARE THERE FOR, FOR WHERE IT IS.UM, SO I THINK IT REALLY, FOR ME COMES DOWN TO WHAT DOES IT MEAN TO ADVERSELY AFFECT NEIGHBORING PROPERTY.
OBVIOUSLY ANY FENCE NEXT DOOR TO YOU IS GOING TO HAVE AN OUTSIZED IMPACT ON YOU.
UM, BUT I THINK GIVEN THE TESTIMONY AND THE, THE OTHER PROPERTY ON SEINE AND WHERE THE NEIGHBORHOOD GENERALLY IT'S THERE AND THEN I, I THINK A LOT ABOUT KIND OF, UM, THE IMPACT ON IF, UH, THE, THE NEW OWNER DOES PUT IN A POOL, WHAT IS GONNA BE MOST SAFE FOR, UH, TO, TO PROTECT THAT AND PROTECT THAT FROM BEING A, A NUISANCE OR A A SOMETHING THAT MIGHT ENTICE A, A YOUNG CHILD TO TRY TO COME OVER AND DO IT.
UM, SO THIS ONE, UH, IN TERMS OF THE HEIGHT, UM, I AM IN FAVOR OF GRANTING THE SPECIAL EXEMPTION.
SO I DO KNOW, OF COURSE THE OPACITY IS ANOTHER SUBJECT.
I SUPPOSE I HAVEN'T THOUGHT ABOUT SPLITTING THE VOTE.
UM, I, I TEND TO AGREE WITH MR. SASHING, UM, YOU, YOU MAY NOT NEED AN EIGHT, EIGHT FOOT FULLY DENSE FENCE.
THERE, THERE, THERE ARE WAYS TO DO IT THAT ARE IN BETWEEN NOTHING AND WHAT YOU'RE ASKING FOR.
ARE THERE ANY OTHER COMMENTS? OKAY, MS. WILLIAMS, WILL YOU PLEASE CALL THE VOTE? MR. MILLIKIN? NAY, MR. SLAVE? AYE.
MR. AGNI NAY MOSES TONIGHT? UH, OKAY, SO DO WE MAKE THE SECOND MOTION? WE NEED TO DO THAT.
UH, WOULD YOU LIKE SOMEBODY ON THE, I DON'T KNOW WHAT, I'M ASSUMING YOU'RE GONNA MAKE A MOTION FOR IT.
WOULD YOU LIKE SOMEBODY WHO WILL MAKE A MOTION AGAINST YOU TO YOUR FAULT? I, I CAN MAKE IT.
UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 33 ON APPLICATION OF CHRIS GENT GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT IN OR MAINTAIN A FENCE PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS THE SPECIAL ACCEPTANCE OF THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION, THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED AND ELEVATION IS REQUIRED.
I SHOULD HAVE, UH, TAKEN A MOTION IN OPPOSITION OF THE FIRST, I ASSUME WE CAN COME BACK TO THAT VICE.
MAY I WITHDRAW MY MOTION? YES.
THE MOTION FAILS FOR LACK OF A SECOND, BUT THANK YOU, UM, TO MAKE THE, BECAUSE I, I NEED TO MAKE THE, THE, UM, UH, WITHOUT PREJUDICE MOTION, I'M SORRY I MESSED THAT UP.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 33 ON APPLICATION OF CHRIS JENT DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND MAINTAIN AN EIGHT FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY.
IS THERE A SECOND, MR. CHAIR? I SECOND.
I LIKE THE FACT THAT THIS MOTION AT LEAST WOULD BE WITHOUT PREJUDICE, SUCH THAT IF THE APPLICANT, AFTER BEING ABLE TO ENGAGE WITH NEIGHBORS OR ABLE TO COME TO SOME COMPROMISE THAT WOULD, UM, MINIMIZE THEIR CONCERNS AND SATISFY, UH, HIS FAMILY'S NEEDS AND DESIRES FOR PRIVACY AND, UH, SECURITY, THAT THEY COULD IDEALLY DO THAT AND BE ABLE TO COME BACK TO US WITHOUT HAVING TO WAIVE THE RECORD.
I THINK THAT COMPROMISE EXISTS.
ELTON, ANY OTHER COMMENTS? OKAY, MS. WILLIAM, MR. YOU'RE GOOD, MS. WILLIAMS? MR. MEEN? AYE THE VOTE IS WITHOUT PREJUDICE TO DENY MR. SLATE? AYE.
[02:40:03]
AYE.OKAY, NOW DO YOU WANNA DO IT? I'LL DO IT.
I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 33 ON APPLICATION OF CHRIS JENN DENY THE SPECIAL EXCEPTION REQUEST BY THIS APPLICANT REGARDING THE 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LINE AS A SPECIAL EXCEPTION OF THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING I SECOND MR. AGNI DISCUSSION.
WE WATCH THE SAME, SAME THING I THOUGHT BEFORE.
MR. WILLIAM, MR. MILLIKIN? AYE.
SO BEFORE WE ADJOURN, WE, THERE'S ONE BIG PIECE OF, OF, UH, BUSINESS WE HAVE COMING AFTER, I DON'T KNOW, 30 SOME ODD YEARS.
UM, STEVE, IF, IF WHEN IN 2011 AS A 35 YEAR OLD KID, UH, I SHOWED UP AS AN ALTERNATE AND HE REALLY JUST KIND OF THROWN INTO IT AND STEVE, AS THE BOARD ADMINISTRATOR, SLOWED THE GAME DOWN.
UH, AND HE DID THAT FOR NUMEROUS NEW PEOPLE.
UH, ALLOWING JUST GIVE YOU AN EXTRA BEAT TO, TO THINK THROUGH WHAT'S ACTUALLY HAPPENING.
AND OVER THE YEARS, UM, ALL OF US, UH, PAST AND PRESENT, UH, CAME TO APPRECIATE THAT AND TO TAKE WHAT MR. LONG SAID AND THOUGHT WITH, UH, A DEGREE OF DEFERENCE THAT IS PROBABLY NOT, NOT USUAL.
UM, YOU, UH, YOU TAUGHT ME 10 OR 11 YEARS AGO, AND AS WE'VE CHANGED DEPARTMENTS WITH NEW LEADERSHIP, UH, YOU'VE GIVEN US NO REASON TO FAIL.
YOU'VE GIVEN US, UH, THE BEST SHOT WE HAVE TO, TO SUCCEED.
AND FOR THAT, I, I'M PERSONALLY AND I, I, I KNOW I SPEAK FOR, FOR, FOR CHAIRMAN NEWMAN AND, AND FOR OTHER, DEEPLY GRATEFUL FOR WHAT YOU'VE DONE FOR OUR BOARD AND FOR MAKING IT EASIER FOR PEOPLE TO BECOME ACCLIMATED TO WHAT IS OTHERWISE KIND OF AN IMPERSONAL PROCESS.
I FEEL LIKE WE'VE DONE THIS BEFORE.
AND I WILL JUST SAY IT WAS MY PLEASURE ASSISTING YOU, SERVING YOU AS BOARD MEMBERS, SERVING APPLICANTS AS A STAFF PERSON AND SERVING THE CITIZENS OF DALLAS.
VERY REWARDING AND IT WAS FUN.
FROM OCTOBER ONE TO NOW, AND THANK YOU VERY MUCH.
IT WAS MY HONOR TO SERVE YOU GUYS.
WITH THAT SAID, UH, I MOVED THAT WE, UH, UH, ADJOURNED THE BOARD OF ADJUSTMENT MEETING OF PANEL C ON MAY 15TH AT 3 45 AND 40 SECONDS.