Video index

Board of Adjustments: Panel A on May 16, 2023

May 16, 2023 Board of Adjustments: Panel A

Board of Adjustments: Panel A on May 16, 2023

Download Transcript

* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.

[00:00:04]

GOOD AFTERNOON.

[Board of Adjustments: Panel A on May 16, 2023]

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

THE BOARD OF ADJUSTMENT PANEL A IS HEREBY CALL TO ORDER AT 1:00 PM ON MAY 16TH, 2023.

WE HAVE A PUBLISHED AGENDA, UM, AND, UH, FIVE CASES THAT WILL BE HEARD, UM, TODAY.

UM, SO WHAT I'D LIKE FIRST TO DO IS, UM, MAKE THE COMMENT THAT THE, UH, NO ACTION OF THE BOARD OF ADJUSTMENT SHALL SET A PRECEDENT.

EACH CASE MUST BE DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.

EACH USE IS PRESUMED TO BE ILLEGAL USE.

EACH APPEAL MUST BE NECESSARY, MUST NECESSARILY STAND ON THE, UPON THE FACTS AND TESTIMONY PRESENTED BEFORE THE BOARD OF ADJUSTMENT AT THIS PUBLIC HEARING, AS WELL AS THE BOARD'S, UH, INSPECTION OF THE DOCUMENTS AND THE EVIDENCE PRESENTED.

THAT'S THE LEGAL EASE.

UM, WE, THE BOARD CONDUCTED A BRIEFING THIS MORNING AT 10:30 AM UH, WHERE WE GOT FEEDBACK AND, UM, INFORMATION FROM OUR PROFESSIONAL STAFF.

UH, AS WE STATED THIS MORNING, THE PUBLIC HEARING, UH, BEGAN AT 1:00 PM THIS AFTERNOON IS WHERE WE TAKE EVIDENCE AND, AND TESTIMONY ON A CASE BY CASE BASIS IN ORDER TO MAKE A DETERMINATION BASED ON THE APPLICATION PRESENTED.

UH, NO ACTION WAS TAKEN THIS MORNING.

UH, I'D FIRST LIKE TO MAKE INTRODUCTIONS AGAIN.

MY NAME IS DAVE NEWMAN AND I'M CHAIRMAN OF THE BOARD OF ADJUSTMENT AND, UM, PRESIDING OFFICER PANEL A TO MY IMMEDIATE LEFT IS KATHLEEN DAVIS, RACHEL HAYDEN, JAY NA AND LAWRENCE HALCOMB WE'RE EACH APPOINTED AND CONFIRMED BY THE CITY COUNCIL.

WE ARE VOLUNTEERS.

UM, WE ARE NOT COMPENSATED, UH, OTHER THAN ICED TEA, COFFEE, AND JASON'S DELI FOR OUR LUNCH.

BETWEEN THE BRIEFING AND THE HEARING, UH, WE'RE HONORED TO SERVE.

UM, THIS IS A QUASI-JUDICIAL SETTING.

TO MY RIGHT IS OUR BOARD ATTORNEY MATT SAPP, OUR BOARD ATTORNEY ERUS DANIEL MOORE.

YOU CAN LOOK UP DANIEL AND SMA.

UH, STEVE LONG, WHO IS OUR CONSULTANT TO THE BOARD OF ADJUSTMENT AND LONGTIME BOARD OF ADJUSTMENT ADMINISTRATOR.

AND WE'LL TAKE THIS MOMENT TO VERY PUBLICLY SAY THANK YOU.

STEVE HAS BEEN WITH THE BOARD AND, UH, IN ASSISTING STAFF THE LAST SEVERAL MONTHS.

AND WE HAVE, HE'S BELOVED, LOVED AND RESPECTED BY MEMBERS, PRESENT MEMBERS PAST, AND WE WILL CONTINUE TO TALK OF YOU IN THE FUTURE.

I MENTIONED TO MY FELLOW BOARD MEMBERS AT LUNCH TODAY THAT, UM, I KNEW STEVE LONG, 19 YEARS AGO WHEN HE, WHEN I SERVED AS AN ALTERNATE TO THE BOARD OF ADJUSTMENT.

AND HE TAUGHT ME THE, THE IF AND OR BUTS OF EVERYTHING THAT I LEARNED OF TODAY.

FORGET CITY COUNCIL AND PLANNING COMMISSION.

STEVE LONG IS THE PERSON WHO TAUGHT ME.

AND, AND I SO RESPECT YOU, STEVE, AND SO APPRECIATE YOU IN EVERY WAY.

AND A COUPLE OF MY MEMBERS WANTED TO MAKE A COMMENT CUZ THIS IS STEVE'S LAST WEEK AS A CONSULTANT WITH THE BOARD.

THANK YOU MR. CHAIRMAN.

I'D JUST LIKE TO THANK STEVE AS WELL.

WHEN I WAS A BRAND NEW MEMBER OF THE BOARD OF ADJUSTMENTS.

STEVE TRAINED ME AND A COUPLE OF OTHER NEW MEMBERS HOW MANY YEARS AGO? UM, I DON'T EVEN KNOW.

YEAH, THERE YOU GO.

SEVEN, PROBABLY.

UH, AND THEN WHEN HE, UH, ORIGINALLY LEFT THE CITY, I RECEIVED A VERY, UH, KIND HANDWRITTEN NOTE THANKING ME FOR MY SERVICE TO THE CITY OF DALLAS.

AND I JUST THOUGHT THAT WAS A VERY GRACIOUS GESTURE.

SO THANK YOU, STEVE.

THANK YOU MR. NE.

UH, I'M ONE OF THE NEWER MEMBERS OF THE BOARD OF ADJUSTMENT AND I GUESS I'VE BEEN ON FOR ABOUT PROBABLY A YEAR, YEAR AND A HALF.

AND WHEN YOU CAME BACK LAST FALL, JUST REALLY NOTICED A BIG DIFFERENCE IN THE SMOOTHNESS OF HOW THE MEETINGS WERE RUN AND THE PROFESSIONALISM.

SO, AND THE SHORT AMOUNT OF TIME THAT I'VE KNOWN YOU, YOU'VE, YOU'VE REALLY MADE AN IMPACT AND IT'S A, IT'S A LOSS FOR THE CITY FOR YOU TO BE LEAVING.

SO WISH YOU THE BEST OF LUCK AND REALLY ENJOYED KNOWING YOU THIS BRIEF TIME AND THE IMPACT THAT YOU'VE MADE WITH OUR BOARD.

THANK YOU, MS. DAVIS.

WELL, UM, THESE ARE UNSOLICITED COMMENTS.

I DIDN'T PAY HIM TO SAY THIS, BUT GO AHEAD MR. HALCOMB.

MY, UH, FIRST THREE, FOUR MONTHS ON THE BOARD, UH, WERE RIGHT BEFORE STEVE LEFT FOR THE FIRST TIME AND HE MADE A GOOD IMPRESSION ME ON THE, ON ME THEN.

AND WHEN HE CAME BACK, HE MADE ANOTHER GOOD IMPRESSION.

AND SO I GUESS HERE'S, HOPING THERE'S A THIRD TIME AROUND KUDOS.

MS. HAYDEN AND I, I'VE ONLY BEEN ON THE BOARD SINCE OCTOBER OF LAST YEAR, BUT YOU WERE, YOU'VE ALWAYS BEEN VERY HELPFUL IN THE BRIEF TIME THAT YOU'VE BEEN, UH, A PART OF THIS.

AND, UM, ANY QUESTION THAT WE HAD, SEEMS LIKE YOU WERE ALWAYS ABLE TO ANSWER IT.

HEY, UM, THANK YOU GUYS VERY MUCH.

AND I SAID THIS YESTERDAY, I REALLY APPRECIATE SERVING YOU MEMBERS.

I REALLY LIKE THE SERVICE, UM, CAPACITY OF MY JOB SERVING

[00:05:01]

APPLICANTS AND THE CITIZENS.

IT'S JUST BEEN A VERY, IT'S A BEEN AN HONOR FOR ME AND I REALLY ENJOYED IT VERY MUCH.

AND THANK YOU VERY MUCH.

YOU ARE LOVED, BELOVED, AND RESPECTED STEVE, AND YOU WILL BE MISSED.

AND I, I SAY THAT AND I, WE WANNA DO THIS ON THE RECORD, SO IT'S PERMANENT, IT'S A PERMANENT EXPRESSION OF APPRECIATION.

THANK YOU, SIR.

THANK YOU VERY MUCH.

UH, ALRIGHT, WE'LL CONTINUE ON.

UNFORTUNATELY, DIANA'S BEHIND STEVE, SO SHE, YOU GET, YOU DON'T GET THE SAME ACCOLADES, ALTHOUGH WE LOVE YOU TOO.

YOU'VE DONE A GREAT JOB FOR US.

NO, SHE'S DONE A GREAT JOB FOR US.

UH, CAMIKA MILLER, HOSKINS, GIANNA BRIDGES, NORA COSTAN, UH, PHIL IRWIN, WHO'S OUR ARBORIST TO OUR LEFT TRINA LAW, WHO HAS ALSO BEEN HELPING OUT.

TRINA WAS PART OF THE STEVE LONG DUO FROM YEARS PAST, AND WE LOVED YOU THEN.

WE STILL LOVE YOU NOW.

AND LAST BUT NOT LEAST, OUR BOARD SECRETARY, UH, MARY WILLIAMS, UH, MARY'S, UH, NOON THIS POSITION AND HAS DONE A FABULOUS JOB IN A SHORT ORDER.

THANK YOU, MARY.

WE APPRECIATE YOU.

UM, ANYONE WANTING TO SPEAK TODAY, EITHER IN OUR PUBLIC TESTIMONY OR IN ON A SPECIFIC CASE, NEEDS TO FILL OUT A, A BLUE SHEET OF PAPER THAT APPEAR AND GET THAT TO MARY.

I HOPE EVERYONE THAT'S HERE IS FILLED OUT A BLUE SHEET OF PAPER IF YOU WANNA SPEAK IN THE PUBLIC TESTIMONY, WHICH YOU'RE RIGHT TO AS A CITIZEN FOR THREE MINUTES OR AN INDIVIDUAL CASE.

SO THE BLUE SHEET NEEDS TO BE FILLED OUT.

AND THEN, I DON'T KNOW, WHERE DO YOU WANT THEM? JUST GIVE 'EM TO YOU, MARY.

YOU'LL GRAB 'EM.

THANK YOU VERY MUCH.

WE'VE DONE OUR WELCOME, UM, BRIEFING, HEARING INTRODUCTIONS.

UM, AT THIS POINT IN TIME, THE CHAIR WOULD ENTERTAIN A MOTION ACCORDING TO OUR RULES, UH, IN ORDER TO HEAR, HAVE A PUBLIC HEARING, UM, WHERE THE DOCKET IS NOT PROVIDED TO THE BOARD WITHIN SEVEN DAYS PRIOR TO THE HEARING, WE MUST SUSPEND THE RULES.

SO THE CHAIR WOULD MAKE A MOTION THAT CONSISTENT WITH SECTION SIX, SUBSECTION A, SUBSECTION 16, THAT THE BOARD, UM, THE PANEL, A BY MAJORITY VOTE, UH, WILL HEAR THE NOTICE CASES, EVEN IF THE AGENDA WAS NOT, AND THE CASE DOC MATERIALS WERE NOT DISSEMINATED IN ACCORDANCE WITH THIS PARAGRAPH IS.

SO MOVE IS THERE A SECOND? SORRY.

THE MOTION ON THE FLOOR IS TO SUSPEND OUR RULES CONSISTENT WITH SECTION SIX, SUBSECTION A, SECTION 16, WHICH AUTHORIZE, WHICH REQUIRES SEVEN DAYS NOTICE, AND WHAT THE MOTION TODAY IS TO SUSPEND THAT.

UM, GIVEN THE TECHNOLOGY CHALLENGES THE CITY'S HAD, I WILL TELL YOU THIS IS SOMETHING THAT PANEL C DID YESTERDAY IN THEIR HEARING AND MOST LIKELY WILL BE CONSIDERED TOMORROW IN PANEL B.

SO THE MOTION ON THE FLOOR IS TO SUSPEND THIS, UM, SECTION DISCUSSION ON THE MOTION HEARING.

NO DISCUSSION PLEASE.

ALL IN FAVOR, PLEASE SAY AYE.

THOSE OPPOSED? MOTION CARRIES FIVE TO ZERO.

THE, THE RULES IN THAT SECTION ARE HEREBY SUSPENDED.

SHE'S GOT A BLUE CARD FOR YOU TOO, MARY.

SO NOW WE ARE LEGITIMATELY SET TO MOVE FORWARD WITH OUR HEARING.

UH, ALLOW ME TO PREVIEW THE DOCKET TODAY.

UM, WE HAVE, UM, THREE CASES THAT WERE ON THE UNCONTESTED DOCUMENT AS PUBLISHED, AND TWO THAT WERE ON THE INDIVIDUAL DOCKET.

UM, ALL FIVE OF 'EM ARE GONNA BE IN THE INDIVIDUAL DOCKET, UH, THAT WILL BE HEARD IN THE PUBLIC TESTIMONY, A PUBLIC HEARING THIS AFTERNOON.

THE FIRST ITEM IN THE AGENDA IS THE REVIEW AND APPROVAL OF OUR MEETING MINUTES FOR PANEL A FOR APRIL 18TH.

THE CHAIR WILL ENTERTAIN A MOTION.

I'LL MAKE A MOTION TO APPROVE MS. HAYDEN.

I'LL MAKE A MOTION TO APPROVE THE, UM, MINUTES FROM THE APRIL 18TH.

APRIL 18TH PANEL MEETING.

IT'S BEEN MOVED BY MS. HAYDEN TO APPROVE THE MEETING MINUTES AS PRESENTED FROM APRIL 18TH.

IS THERE A SECOND? SECOND.

IT'S BEEN SECONDED BY MS. DAVIS DISCUSSION ON THE MOTION.

ALL IN FAVOR OF APPRO APPROVING THE MEETING MINUTES AS PRESENTED FROM APRIL 18TH, 2023.

PLEASE SAY AYE.

THOSE OPPOSED? MOTION CARRIES.

FIVE TO ZERO MEETING MINUTES FROM APRIL 18TH ARE APPROVED AS PRESENTED.

NEXT ITEM ON OUR AGENDA IS PUBLIC TESTIMONY BOARD SECRETARY, DO WE HAVE ANYONE THAT IS REGISTERED TO SPEAK AND IS PART OF OUR THREE MINUTE PUBLIC TESTIMONY? NO REGISTERED SPEAKERS ONLINE OR IN PERSON? ONLINE OR IN PERSON.

JUST A REMINDER, AS PART OF THE CITY CODE, UH, WE OFFER THREE MINUTES OF PUBLIC TESTIMONY AT EVERY ONE OF OUR PUBLIC MEETINGS.

SO ALL YOU HAVE TO DO IS SHOW UP AND FILL OUT A BLUE SHEET OF PAPER AND YOU CAN SPEAK TO ANYTHING THAT IS ON THE AGENDA FOR THAT DAY, BUT OKAY.

NO PUBLIC SPEAKERS FOR TODAY.

ALL RIGHT, SO WE GO TO OUR CASE DOCKET ON OUR CASE

[00:10:01]

OUR FIRST ITEM, UH, FOR THE BOARD TODAY IS BDA 2 23 DASH 0 4 3 BDA, 2 23 DASH FOURT 0 4 2.

UH, THIS IS AT TWENTY SIX OH TWO KILBORN AVENUE.

IS THE APPLICANT HERE.

PLEASE, IF YOU'D STEP FORWARD, SIR, IN, IN A SECOND, I'M GONNA HAVE YOU GIVE US YOUR NAME, YOUR ADDRESS, AND THEN OUR BOARD SECRETARY WILL SWEAR YOU IN.

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

WE NEED TO TURN THAT MICROPHONE ON.

PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.

OH, IT, IT'S NOT ON YET.

I DON'T THINK THERE SHOULD BE.

IT'S A GREEN LIGHT.

NOW FLIP THE MICROPHONE CLOSE TO YOUR VOICE TO YOU.

THANK YOU, SIR.

ALL RIGHT, SIR, YOU HAVE FIVE MINUTES TO PRESENT YOUR APPLICATION, OKAY? UH, AND YOUR NAME AGAIN, SIR? MY NAME IS JOHNNY HILL FOR 26 0 2 GILBERT AVENUE.

THANK YOU, SIR.

YOU PROCEEDING.

UM, WHAT I'M APPLYING FOR IS THE SECOND METER FOR, FOR A EXTERNAL GARAGE FOR MY EXTERNAL GARAGE WHERE I'LL BE KEEPING MY AUNTIE CARS.

UH, THE ACTUAL HOUSE ITSELF, UH, IN THE BEGINNING, YOU KNOW, IT WAS A THREE BEDROOM HOME WITH THE EXTERNAL GARAGE.

I RENTED THE, THE HO HOUSE OUT, BUT I KEPT MY CARS IN THE EXTERNAL GARAGE.

UM, MY PROBLEM WAS PAYING THE BILLS, YOU KNOW, WHENEVER I WENT DOWN THERE, HAD TO PAY FOR THE BILLS.

SO WHAT I'M TRYING TO NEGATE NOW IS TO HAVE MY OWN SEPARATE METER AT THE HOUSE, WHEREAS I DON'T HAVE TO WORRY ABOUT, YOU KNOW, ADDING ON, ADDING ONTO THE BILLS.

KEEP GOING, SIR.

THAT'S BA THAT'S BASICALLY IT.

OKAY, VERY GOOD.

UM, QUESTIONS FOR THE BOARD WITH THE APPLICANT, MR. HILL, MS. HAYDEN? SO THE, THE ANTI-AGE CARS ARE IN THE, THE DETACHED GARAGE.

AND, AND IS IT, DO YOU WORK ON 'EM THERE? IS THAT WHY YOU NEED A SEPARATE ELECTRIC METER? YES.

I GUESS I'M KIND OF TRYING TO FIGURE OUT, YES, I MAINTAIN 'EM THERE.

I, I STORM THERE AND I MAINTAIN 'EM THERE.

AND, AND SO IS THIS FOR A BUSINESS OR IS IT FOR A JUST NO, THIS IS MY PERSONAL, PERSONAL, MY PERSONAL USE.

I HAVE MR. NERING.

THANK YOU, MR. CHAIRMAN.

SO MY UNDERSTANDING IS YOU NEED THIS ADDITIONAL METER BECAUSE THE CURRENT EXISTING METER TO THE HOME IS INADEQUATE AS FAR AS DELIVERING POWER SUPPLY OR WHAT? UH, MY PROBLEM IS, LIKE I SAID, I RENT THE HOUSE OUT AND THEN I HAD THE ELECTRICAL TIED INTO THE HOUSE.

SO WHENEVER I'M DOWN THERE WORKING ON THE CARS OR WHATEVER I'M DOING THERE, UH, I HAVE TO PAY THE PEOPLE FOR, YOU KNOW, SOME PORTION OF ELECTRIC ELECTRICAL.

SO WHEN I REBUILT THE HOUSE, I DECIDED, WELL, LET ME TRY TO GET AN EXTRA METER ON THE GARAGE BEING THAT I'M GONNA KEEP THE CARS THERE, THAT I DON'T HAVE TO GO THROUGH THAT ANYMORE.

SO IT'S KIND OF, UH, UH, TO HELP YOU AS FAR AS ACCOUNTING OR BILLING GOES ON THE WORK OR, YES.

RATHER THAN HAVING TO PRORATE A CERTAIN PERCENTAGE FROM THE MAINTENANCE.

THANK YOU MR. NE, MS. DAVIS.

SO I JUST WANNA CLARIFY, SO YOU RENT THE MAIN HOUSE, AND IS, IS THAT AIRBNB RENTAL OR IS IT A, A LEASE ARRANGEMENT? IT IS THE LEASE SECTION EIGHT.

AND I, AND I'M ASSUMING YOU'RE ALLOWED TO DO THAT WITHIN CODE AND ANY, UH, REGULATIONS THAT ARE IN THAT NEIGHBORHOOD? YES.

QUESTIONS? DID THAT ANSWER YOUR QUESTION, MS. DAVIS? OKAY.

UH, FOR PURPOSES OF THE DISCUSSION WE'RE HAVING HERE, I'M GONNA ASK OUR BOARD ATTORNEY TO READ AGAIN INTO THE RECORD, AND THIS HE DID THIS MORNING AND THE BRIEFING, AND THIS WILL, AFTER HE DOES THIS, I'M GONNA ASK YOU A QUESTION.

BUT, UH, THIS IS THE CRITERIA BY WHICH THIS BOARD, UH, WILL RESPOND TO YOUR REQUEST.

MR. BOARD ATTORNEY.

THANK YOU, CHAIRMAN.

IN REGARDS TO UTILITY METERS, THE BOARD OF ADJUSTMENT MAY GRANT A SPECIAL EXCEPTION TO AUTHORIZE MORE THAN ONE ELECTRICAL UTILITY SERVICE WHEN IN THE OPINION OF THE BOARD, THE SPECIAL EXCEPTION WILL NOT BE CONTRARY TO THE PUBLIC INTERESTS, NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES AND NOT BE USED TO CONDUCT A USE NOT PERMITTED IN THE DISTRICT WHERE THE BUILDING SITE IS LOCATED.

[00:15:03]

SO WHAT THE ATTORNEY SAID, NOT CONTRARY TO PUBLIC INTEREST, NOT ADVERSE TO NOT HAVE AN ADVERSE EFFECT TO THE NEIGHBORING PROPERTY OWNERS.

AND NUMBER THREE, NOT USE, USE THE, THE STRUCTURE.

DID YOU SAY THE THIRD COMPONENT? THE LAST, THE, THE LAST ELEMENT IS THAT IT NOT BE USED TO CONDUCT A USE NOT PERMITTED IN THE DISTRICT WHERE THE BUILDING SITE IS LOCATED.

AND THAT KIND OF GOES TO MS. DAVIS'S QUESTION ABOUT WHETHER THE USE IS PROHIBITED IN THE DISTRICT, CORRECT? I MEAN, THAT'S, THAT WAS THE GIST OF YOURS.

SO FOR SOME CLARITY, YOU OWN THE, THE ENTIRE PIECE OF THE PARCEL, THE, YES.

AND YOU'RE RENTING THE HOUSE? YES.

YOU'RE NOT LIVING IN THE HOUSE? NO.

AND YOU'RE, BUT YOU'RE STILL ON A PERSONAL BASIS OR ON A COMMERCIAL BASIS USING THE GARAGE AS A PERSONAL BASIS, ON A PERSONAL BASIS USING THE GARAGE? YES.

I, I, I WANTED YOU TO JUST HOLD ON THERE A SECOND.

ANY OTHER QUESTIONS FROM THE BOARD TO THE APPLICANT? MR. HOW COME? I NOTICED IN THE DOCKET THAT THERE WAS ABOUT 10 LETTERS THAT IT SEEMS LIKE YOU HAD YOUR NEIGHBORS FILL OUT.

THAT SAID THEY HAD NO OBJECTION TO THIS, UH, ADDITIONAL METER.

DID YOU HAVE ANYONE WHO TOLD YOU THEY DIDN'T WANT TO SIGN IT OR ANYONE WHO TOLD YOU THEY DIDN'T WANT IT? NO.

THANK YOU MR. HALCOMB.

QUESTIONS FOR THE APPLICANT.

QUESTIONS AMONGST THE BOARD? THANK YOU, SIR.

WE APPRECIATE IT.

UH, THE CHAIR TO ENTERTAIN A MOTION.

MR. HOW COME I MOVE THAT THE BOARD OF ADJUSTMENT AND BDA NUMBER 2 23 DASH 42, UM, ON APPLICATION OF JOHNNY HILL FOR A SPECIAL EXCEPTION TO THE UTILITY METER REGULATIONS? I LOST MY PAGE HERE.

I DON'T SEEM TO HAVE ACTUALLY THIS JAY, GIVE HIM.

IT'S 2 23 0 4 2.

UH, I BORROWED MR. NE'S.

OKAY, SO I MOVED AT THE BOARD OF ADJUSTMENT AND BDA NUMBER BDA 2 23 DASH 0 42 ON APPLICATION OF JOHNNY HILL.

GRANT THE REQUEST TO INSTALL AND MAINTAIN AN ADDITIONAL ELECTRIC METER ON THE PROPERTY AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY REGULATIONS IN THE DALLAS DEVELOPMENT CODE.

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

THANK YOU MR. HOLCOMB.

MR. HOLCOMB MOVED TO GRANT IN 2 23 0 4 2.

IS THERE A SECOND? SECOND.

MS. DAVIS SECONDED THE MOTION.

MR. HOW COME DISCUSSION IN THE MOTION? UM, IT WAS VERY HELPFUL TO HAVE THE STANDARD REPEATED TO US, CUZ I WROTE IT DOWN HERE, NOT CONTRARY TO PUBLIC, UH, INTEREST.

WELL, I I DON'T BELIEVE IT IS BASED ON THE EVIDENCE, UH, NOT ADVERSELY AFFECTING NEIGHBORING PROPERTY.

10 LETTERS SAY THAT IT DOESN'T.

AND A USE NOT PERMITTED.

EVERYTHING I HEARD SEEMS LIKE IT USE PERMITTED.

SO, SEEMS LIKE IT CHECKS ALL THE BOXES.

MS. DAVIS, I AGREE WITH MR. HOLCOMB AND I THINK YOU DID A GREAT JOB JUST GETTING THE SUPPORT OF YOUR SURROUNDING PROPERTIES.

ANY OTHER DISCUSSION ON THE MOTION? THE MOTION, UH, BDA 2 23 0 4 2.

UH, THE MOTION BY MR. HALCOMB AND SECONDED BY MS. DAVIS WAS TO GRANT THE REQUEST FOR AN ADDITIONAL ELECTRIC METER.

WE'LL NOW CALL FOR A VOTE.

MS. BOARD SECRETARY.

MR. HALCOMB? AYE.

MS. HAYDEN AYE.

MS. DAVIS? AYE.

MOTION PASSES FIVE IN THE MATTER OF BDA 2 23 0 4 2, AND YOUR REQUEST TO INSTALL AN ADDITIONAL ELECTRIC METER? THE BOARD OF ADJUSTMENT GRANTED UNANIMOUSLY REQUEST.

THANK YOU, SIR, YOU'LL BE GETTING A LETTER FROM OUR, UH, BOARD ADMINISTRATOR WITHIN IN A SHORT PERIOD OF TIME, AUTHORIZING AS SUCH.

THANK YOU VERY MUCH.

THANK LORD UHHUH.

THANK YOU, SIR.

WE'LL MOVE TO THE NEXT CASE.

NEXT ITEM ON OUR AGENDA IS, EXCUSE ME.

NEXT ITEM ON OUR AGENDA IS BDA 2 23 DASH 0 4 3 2 2 3 0 4 3.

THIS IS AT 80 20.

PARK LANE IS THE APPLICANT.

HERE COME FOUR GENTLEMEN.

OKAY, WE GOT FOUR.

ALL RIGHT, HOLD ON ONE SECOND.

SO ARE YOU ALL SPEAKING? ARE YOU ONE SPEAKING TO WHO ALL SPEAKING AND WHOEVER'S SPEAKING, I NEED TO MAKE SURE YOU FILL OUT A BLUE SHEET.

YEAH, IF IT'S, IF YOU'RE GONNA DO FIVE MINUTES, MR. CHAIR, I CAN BE THE ONLY SPEAKER.

[00:20:01]

THAT'S YOUR, THE, THE APPLICANT IS ALLOWED FIVE MINUTES.

UH, IF THERE ARE OTHERS THAT WE WISH TO SPEAK IN FAVOR OR AGAINST, THEY CAN MR. CHAIR, MAYBE WE COULD HAVE THEM ELSEWHERE.

AND IN CASE ONE NEEDS TO INTERJECT, I THINK SO.

WELL, THEY'D HAVE TO FILL OUT A BLUE SHEET, SO I DON'T ALL RIGHT.

SO WHOEVER'S GONNA SPEAK IS FILL OUT A BLUE SHEET.

ARE, ARE ALL FIVE OF YOU SPEAKING OR NO? SOUNDS LIKE JUST HIM.

YES, NECESSARY.

IF THERE'S Q AND A.

OKAY, MR. MANN, IF YOU WOULD, UM, KINDLY, UM, YOU'RE GONNA GIVE US YOUR NAME AND YOUR ADDRESS AND THEN YOU'RE GONNA BE SWORN IN BY THE BOARD SECRETARY.

GO AHEAD TOMMY.

MAN, UH, YOUR MICROPHONE'S OFF.

500 WINSTED BUILDING.

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

PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.

OKAY, MR. MANN, IT'S 1 21.

YOU HAVE FIVE MINUTES AND WE'LL BE GRACIOUS WITH TIME, SO, OKAY.

UH, WE'VE PROVIDED A PRESENTATION TO STAFF IF THEY CAN SHARE IT.

AND DO I JUST DO THE AWKWARD ADVANCE THING WHEN I'M READY AND JUST LET ME KNOW WHEN YOU WANT ME TO GO TO THE NEXT SLIDE.

THANK YOU FOR THANK MY PRESENTATION.

OH, MISS, YOU NEED TO BE A LITTLE BIT CLOSER TO THE MICROPHONE.

WE WANT TO HEAR IT.

ALL RIGHT, THANK, WE WANNA HEAR EVERYTHING YOU HAVE TO SAY.

HOW ABOUT THAT? THERE YOU GO.

ALL RIGHT, TOMMY, MAY I HAVE 500 WINSTED BUILDING? YOU CAN GO TO THE FIRST SLIDE HERE, REPRESENTING THE APPLICANT ON THIS REQUEST.

THIS IS A BIG PROJECT, BUT A MINIMAL REQUEST AND WE'LL HOPE TO CL CLEAR UP SOME OF THE CONFUSION ON IT.

STREETLIGHTS RESIDENTIAL IS PROPOSING A 350 UNIT RESIDENTIAL TOWER WITH SOME GROUND LEVEL RETAIL.

THIS IS THE LAST UNDEVELOPED PARCEL, REALLY WITHIN THE SHOPS OF PARK LANE DEVELOPMENT.

YOU CAN GO TO THE NEXT, A LITTLE BIT CLOSER TO THE MICROPHONE.

YOU CAN GO ONTO THE NEXT SLIDE.

SO GO AHEAD AND GO TO THE NEXT ONE.

OKAY, NEXT ONE IF YOU WOULD.

SO WE'LL START SETTING THE CONTEXT, WHICH IS IMPORTANT.

AGAIN, THIS IS THE LAST PARCEL, UH, WITHIN THE SHOPS OF PARK LANE DEVELOPMENT.

THE SITE'S CHARACTERIZED BY TWO FRONT YARDS ALONG PARK LANE AS WELL AS CENTRAL EXPRESSWAY.

IF IT'LL LET YOU GO FORWARD, YOU CAN GO TO THE NEXT IT'S LEG AND GIMME JUST A MOMENT.

CUZ I'M ON THE NEXT SLIDE.

EVERYONE KNOWS WE'RE THE CORNER OF PARK CENTRAL.

WE WON'T PENALIZE YOU.

I WANT YOU TO KEEP IN, IN, IN, IN CONJUNCTION WITH YOUR SLIDE BACK.

SO SHE PUSHED THE BUTTON.

SHE'S JUST WAITING FOR IT TO EXECUTE.

CERTAINLY NOT REFLECTIVE OF THE CITY OF DALLAS .

THAT'S A LONG BUTTON PUSH.

IF YOU, IF YOU WANT TO GO TO PAGE FOUR, I'LL DO MY BEST TO LAY OUT THE CASE ON THAT SLIDE AND THEN QUICKLY ROLL THROUGH THE REST.

WE GOT PAPER, WE CAN GO OLD SCHOOL, WE PRINT, WE HAVE PRINTOUTS IF YOU'D LIKE.

I THINK THAT'S, HEY RIGHT HERE.

ALWAYS HAVE PAPER.

SO FOR THE RECORD, THE APPLICANT IS GONNA GIVE THE BOARD MEMBERS HARD COPIES AS WELL.

AND HOPEFULLY THERE'S ONE FOR THE BOARD SECRETARY.

OH, NOW THE BUTTON'S PUSHING, BOY.

SO HOLD ON ONE SECOND.

THIS WILL HELP US, ESPECIALLY THIS PAPER PERSON.

YOU'VE GOT ONE FOR YOU? YES.

OKAY, PROCEED SIR.

AND WE'LL START YOUR CLOCK AGAIN.

YOU GOT PLENTY OF TIME.

AND CLOSE TO THAT MICROPHONE.

THE SITE IS THE LAST UNDEVELOPED PIECE IN THE SHOPS OF PARK LANE IN THE CORNER OF CENTRAL AND PARK LANE.

IT'S CHARACTERIZED BY TWO FRONT YARDS ON CENTRAL EXPRESSWAY AND ON PARK LANE.

BE FLIPPED TO PAGE FIVE.

I'LL DWELL ON THIS ONE FOR A MOMENT TO GET AT THE HEART OF THE REQUEST.

THE FIRST THING TO UNDERSTAND IS WHAT WE'RE ASKING FOR, WHICH IS A VARIANCE TO THE URBAN FORM SETBACK.

THE URBAN FORM ONLY APPLIES TO THE PORTION OF THE BUILDING ABOVE 45 FEET IN HEIGHT.

AND WE'RE ONLY REQUESTING THAT VARIANCE ALONG THE CENTRAL EXPRESSWAY FRONTAGE.

WE ARE MEETING THAT REQUIREMENT.

ON REPEAT FRONT, I'M, I'M NOT GONNA PENALIZE YOU FOR MY INTERRUPTIONS.

REPEAT WHAT YOU SAID.

ALL THE ONLY THING YOU'RE ASKING FOR IS AN EXCEPTION TO THE URBAN FORM SETBACK IN THE CENTRAL EXPRESSWAY FRONT YARD, WHICH IS ONLY APPLICABLE TO THE PORTION OF THE BUILDING GREATER THAN 45 FEET IN HEIGHT.

SO FROM GRADE TO 45 FEET IN HEIGHT, WE ARE MEETING THE MINIMUM FRONT YARD OF THE EXISTING ZONING.

SO WE'RE ONLY TALKING ABOUT THAT PORTION OF THE TOWER UP THERE.

SO LOOKING AT THIS SITE AND THINKING ABOUT THE PRONGS OF YOUR TEST, THE FIRST BEING IS THIS CONTRARY TO THE PUBLIC INTEREST? WELL, THE URBAN FORM SETBACK IS INTENDED TO

[00:25:01]

PREVENT A UNIONIZATION EFFECT ALONG CITY STREETS WHERE YOU HAVE BUILDINGS TOO CLOSE TO THE STREET, THE TOWER OVER THE PEDESTRIAN EXPERIENCE THAT IS NOT CENTRAL EXPRESSWAY, RIGHT? WE'VE GOT OVER 300 FEET OF RIGHT AWAY FROM US TO THE OTHER SIDE.

CENTRAL ITSELF IS A CANYON.

UH, AND SO WE REALLY DON'T THINK THAT WE ARE VIOLATING THE SPIRIT AND THE TENT OF THIS REGULATION AS YOU LOOK SOUTH, WHICH ON THIS PHOTO IS TO THE, INTO THE PHOTO.

THIS SAME URBAN FORM VARIANCE WAS GRANTED TO THE EXISTING OFFICE BUILDING YEARS AGO, AS WELL AS THE PARKING STRUCTURE, WHICH IS THE MAIN ENTRANCE TO THE SHOPS AT PARK LANE.

SO AS YOU FLIP TO PAGE FIVE, WE'VE JUST GOT, UH, OUR SITE PLAN WITHIN THE BROADER CONTEXT OF THE ENTIRETY OF THE SHOPS AT PARK LANE.

IF YOU FLIP TO THE NEXT PAGE, IT IS JUST A ZOOMED IN VERSION OF THAT WHICH SHOWS YOU THE PORTION OF THE BUILDING IN QUESTION.

AS I MENTIONED, IT'S A BIG PROJECT, BUT IT'S A SMALL REQUEST.

YOU CAN SEE IT'S ONLY THE PORTION OF THE BUILDING TALLER THAN 45 FEET ON THE CENTRAL EXPRESSWAY SIDE OF THAT RED LINE IN THE DARKER GRAY FOR WHICH WE ARE SEEKING THE VARIANCE.

IF YOU GO TO THE NEXT PAGE, YOU CAN SEE A MASSING DIAGRAM THAT HELPS YOU UNDERSTAND THE IMPACTS OF THAT THREE DIMENSIONALLY.

WHAT WE ARE ABLE TO PLACE WITHIN THAT URBAN FORM IS LIVING AREA FOR UNITS AS WELL AS PORTIONS OF THE PARKING STRUCTURE, WHICH ARE CRITICALLY IMPORTANT.

WE NEED THAT AREA TO MEET THE CITY'S MINIMUM DIMENSIONAL STANDARDS FOR DRY VIS AND CIRCULATION WITHIN THE PARKING STRUCTURE.

AND SO WITH THIS VARIANCE, WE'RE ABLE TO DEVELOP THIS BUILDING IN A MANNER SIMILAR TO OTHER RESIDENTIAL TOWERS, BOTH WITHIN THE SHOPS AT PARK LANE AND AROUND THE CITY.

AS YOU GO TO THE NEXT SLIDE, YOU HAVE A SECTION WHICH JUST SHOWS YOU ANOTHER VIEW OF THE PORTION OF THE BUILDING FOR WHICH WE'RE MAKING THE REQUEST.

YOU CAN SEE, UH, UP TO 45 FEET IN HEIGHT.

WE MEET THE 15 FOOT SETBACK.

THE ADDITIONAL SETBACK IS WHERE WE'RE ASKING FOR THE RELIEF, AS I'VE EXPLAINED.

IF YOU GO TO THE NEXT SLIDE, AGAIN, JUST LAYING IT WITHIN THE CONTEXT, KEEP IN MIND WE'RE ONLY ASKING FOR THIS ON CENTRAL EXPRESSWAY, NOT PARK LANE.

UH, AND WE DO HAVE ROOM AT THE GROUND PLANE TO CONSTRUCT ANY A REQUIRED SIDEWALKS ALONG CENTRAL EXPRESSWAY.

SHOULD YOU DESIRE TO WALK THERE.

THAT IS YOUR CHOICE.

REPEAT THAT AGAIN.

YOU SAID THE SIDEWALKS SIDE.

THERE IS ROOM FOR CITY REQUIRED SIDEWALKS AT THE GROUND LEVEL.

SO WE ARE NOT ASKING FOR ANY SETBACK AT THE GROUND LEVEL.

IT'S ONLY FOR THE PORTION ABOVE 45 FEET.

I KNOW THERE WAS A QUESTION ABOUT THE ABILITY TO CONSTRUCT A SIDEWALK IN THE BRIEFING.

GRANTING OF THIS REQUEST WILL NOT AFFECT THE ABILITY TO CONSTRUCT A SIDEWALK ALONG THE SERVICE ROAD.

I'M NOT ADVISING YOU TO WALK ALONG THE SERVICE ROAD, BUT IT WOULD BE AN OPTION TO CONSTRUCT IT.

SO THE REST, IF YOU CONTINUE THROUGH THE PHOTOS, YOU'RE JUST GETTING MORE APPRECIATION FOR WHAT I'VE EXPLAINED ABOUT THE PORTION OF THIS SITE THAT'S AFFECTED ALONG CENTRAL EXPRESSWAY.

YOU ACTUALLY HAVE A SHOT HERE ON PAGE 12 LOOKING NORTH ALONG CENTRAL TO SHOW YOU THE SITE.

THE SITE WOULD BE HERE ON YOUR RIGHT WHERE THE PROPOSED BUILDING WOULD GO.

AS YOU FLIP THE PAGE, THIS IS PARK LANE.

AS WE TURN THAT CORNER TO PARK LANE, WE MEET THIS REQUIREMENT.

THAT'S PROBABLY THE AREA WHERE YOU'RE MORE LIKELY TO HAVE A WALKING OR CYCLING EXPERIENCE THAN THE SERVICE ROAD ITSELF.

CONTINUING NOW BACK THROUGH THE SLIDES WITH SIDE PLANS ON THEM.

THE HARDSHIP HERE IS CREATED BY THE DUAL FRONT YARDS.

AND THIS IS KIND OF A UNIQUE DEVELOPMENT IF YOU'VE BEEN TO THE SHOPS AT PARK LANE, EVEN THOUGH THE INTERIOR OF THIS SITE IS NOT TECHNICALLY A FRONT YARD, IT'S REALLY THE FRONT DOOR.

THAT'S WHERE THE RETAIL IS, THAT'S WHERE PEOPLE WALK THERE.

SO THAT'S WHERE CARS PARK, THAT'S THE AREA THAT THIS DESIGN ACTIVATES INTENTIONALLY AND WILL COMPLEMENT THE OVERALL DEVELOPMENT IF IT IS CONSTRUCTED IN THAT MANNER AS OPPOSED TO TREATING CENTRAL EXPRESSWAY FRONTAGE IN THAT WAY.

AS YOU CONTINUE THROUGH, THESE ARE JUST MORE SLIDES THAT SHOW YOU TWO EXISTING RESIDENTIAL TOWERS WITHIN THE SHOPS AT PARK LANE THAT HAVE BEEN ABLE TO BE CONSTRUCTED WITHOUT PROVIDING THIS BECAUSE OF WHERE THEY HAPPEN TO BE LOCATED.

SO WE'RE CERTAINLY CONSISTENT WITH THE PATTERN OF RESIDENTIAL DEVELOPMENT WITHIN THE SHOPS AT PARK LANE AND AROUND THE NEXT SLIDE.

OBVIOUSLY WE DIDN'T CREATE THE CONFIGURATION OF THIS SITE IN THE MULTIPLE FRONT YARDS, SO WE FEEL LIKE THAT PRONG OF THE TEST IS SATISFIED.

LAST POINT I'LL MAKE BEFORE WE OPEN IT UP FOR QUESTIONS.

THIS SLIDE WHERE YOU SEE THE DOMINANT BUILDING LINE, I MENTIONED THAT THE BUILDINGS TO THE SOUTH OF US GOT THIS SAME APPROVAL.

I KNOW THIS BODY DOES NOT ESTABLISH PRECEDENT AND YOU TAKE EACH CASE AS IT COMES TO YOU, BUT THE CONTINUITY OF SETBACK ALONG A BLOCK FRONTAGE IS AN IMPORTANT CONSIDERATION.

WE'RE PROPOSING TO MAINTAIN THAT IF THIS IS GRANTED TODAY.

AND THAT'S WHAT THIS SLIDE IS SHOWING YOU.

SO THE LAST IS JUST ANOTHER PHOTO.

WE HAVE THE WHOLE DESIGN AND DEVELOPMENT TEAM HERE.

HOPEFULLY THAT CLEARED UP SOME OF THE QUESTIONS FROM THE BRIEFING, BUT WE'RE CERTAINLY HAPPY TO ANSWER ANY QUESTIONS.

WE AGREE WITH THE STAFF RECOMMENDATION OF APPROVAL AND WOULD REQUEST THAT YOU FOLLOW IT.

THANK YOU MR. MAN.

[00:30:01]

THIS POWERPOINT WAS VERY HELPFUL AND IN PAPER AND COLOR AND THE PICTURES AND THE PERSPECTIVE OF THE PICTURES WERE VERY HELPFUL.

I DIDN'T SAY IT'S FOR OR AGAINST YOUR CASE, BUT IT'S VERY HELPFUL IN INSTRUCTING.

WE'LL LET THE BOARD SPEAK AS TO THE DETERMINATION OF THE CASE, BUT VERY, VERY HELPFUL QUESTIONS FROM THE PANEL FOR THE APPLICANT, MR. HOLCOMB.

SO AS WE DISCOVERED IN THE BRIEFING, THERE'S NO BUILDING THERE CURRENTLY, CORRECT? CORRECT.

IT'S JUST OPEN PLOT OF LAND.

SO AS I'M LOOKING AT THIS AND, AND I DO SEE SOME SPACE, IT, IT'S ALMOST LIKE, UM, THIS LITTLE SECTION OF OF CARVED OUT DUE TO THE LOOMING HEIGHT COMPONENT.

COULD YOU CONFIGURE THE BUILDING, ROTATE IT 90 DEGREES OR SOMETHING TO, TO ACCOMMODATE THIS WITHOUT HITTING INTO IT OR MAKE ONE SIDE OF THE BUILDING HIGHER? I ASSUME THERE WAS RATIONALE BEHIND WHY THESE DECISIONS WERE MADE.

I'D LIKE TO HEAR THAT RATIONALE.

SO IT'S A COMBINATION OF THE ELEMENTS I MENTIONED IN MY REMARKS.

FIRST, WHEN YOU BUILD A PARKING STRUCTURE CLOSER TO THE MICROPHONE, PLEASE, I'M SORRY.

FIRST, WHEN YOU BUILD A PARKING STRUCTURE, YOU'VE GOT TO ESTABLISH A MINIMUM FOOTPRINT THAT GIVES YOU THE DRIVE AISLE SEPARATIONS AND THE TURNING RADI THAT ARE REQUIRED BY CITY TECHNICAL CODE.

SO THAT DRIVES THE FIRST WAY YOU LAY OUT THE BUILDING.

THE SECOND DECISION IS WHICH GROUND LEVEL EXPERIENCE DO I WANT TO ACTIVATE GIVEN THE CHARACTER OF THIS SITE AND WHAT'S AROUND IT? AND WE THINK THE ANSWER HERE IS CLEARLY THAT INTERNAL DRIVE WHERE ALL THE RETAIL IS TODAY AND NOT CENTRAL EXPRESSWAY.

SO SOMETHING HAS TO BECOME THE BACK DOOR.

AND BECAUSE THIS SITE HAS TWO FRONT DOORS BY CODE, BUT REALLY THE THIRD SIDE IS ACTUALLY THE FRONT DOOR.

THAT'S THE BOX WE FOUND OURSELVES IN AND WE THOUGHT IT MADE THE MOST DESIGN SENSE TO MAKE CENTRAL THE BACK DOOR, IF YOU WILL, BECAUSE THAT'S CONSISTENT WITH THE PATTERN OF DEVELOPMENT IN THE BLOCK FACE.

THANK YOU MR. HOLCOMB QUESTIONS? MR. NA, DID I SEE YOU YOUR HAND UP OR NO? I'M SORRY.

UH, YEAH, I, I WAS DEBATING WHETHER I WANTED TO ASK A QUESTION.

WELL, I'M SORRY.

THANK YOU MR. CHAIRMAN.

ON ONE OF YOUR SLIDES HERE, I NOTICED THERE ARE, THERE APPEARS TO BE AN EXISTING SIDEWALK RIGHT UP TO THE, UH, NORTH CENTRAL SERVICE ROAD THERE WHERE IT ABRUPTLY ENDS.

WOULD THERE BE SUFFICIENT SPACE FOR THAT TO BE CONTINUED ALONG, ALONG THE SERVICE ROAD IF IF NEED BE? YES.

WE'RE NOT ASKING FOR ANY RELIEF AT THE GROUND PLAIN, SO, AND I DON'T KNOW WHERE THE PROPERTY LINE IS ON THAT IMAGE.

BUT IT'S PROBABLY EITHER IN THE MIDDLE OR EVEN ON THE EAST OR SOUTH SIDE OF THAT SIDEWALK.

SO YOU'LL HAVE THAT DIMENSION PLUS THE SETBACK TO OUR BUILDING, WHICH WOULD BE PLENTY OF ROOM FOR SIDEWALK.

MR. NE, I'M GONNA, I'M GONNA INTERRUPT FOR ONE SECOND.

AT THE BRIEFING THIS MORNING, OUR ATTORNEY EMERITUS MADE A COMMENT ABOUT, UH, THE SIDEWALK ISSUES.

DO YOU WANNA REPEAT YOUR COMMENT FROM THIS MORNING, MR. MOORE? THANK YOU, MR. CHAIRMAN.

AND I JUST WANT TO GO IN A LITTLE BIT MORE DETAIL.

THE SIDEWALKS ARE GOVERNED BY ARTICLE EIGHT OF THE CHAPTER 51 A.

IT'S NOT REALLY SOMETHING THAT THE BOARD WILL CONSIDER THERE IS A SIDEWALK WAIVER, BUT THAT WOULD BE SOMETHING THAT'S DONE BY THE DIRECTOR, BUT THE SIDEWALKS WILL REMAIN.

SO IN OTHER WORDS, THEY'RE NOT ASKING FOR, NOR ARE DO WE HAVE THE AUTHORITY TO WAIVE A SIDEWALK REQUIREMENT? RIGHT.

THAT IS SO ANOTHER PART THAT SIDEWALK THAT YOU DON'T SEE THERE YET, I'M ASSUMING IT'S BECAUSE IT'S JUST A VACANT LOT.

AS SOON AS IT'S DEVELOPED, IF THE SIDEWALK REQUIREMENT KICKS IN DEVELOPMENT IS WHAT TRIGGERS THAT SECTION, EVEN THOUGH IT WAS DULY NOTED, YOU DIDN'T NECESSARILY RECOMMEND WALKING ON THAT.

I MAY DON'T WANT TO, BUT YEAH, BUT OKAY.

YOU DIDN'T SAY NOT TO, YOU JUST SAID YOU DIDN'T KNOW IF YOU WOULD, SO WE'LL LEAVE IT AT THAT.

ALL RIGHT, MR. JANNER, I'M SORRY TO INTER INTERRUPT.

I'LL GET YOU IN ONE SECOND.

MS. HAYDEN, DOES THAT ANSWER YOUR QUESTION FOR NOW? VERY GOOD, THANK YOU.

SO I BELIEVE, UM, IN THE BRIEFING WE LEARNED THAT THERE WAS NO OPPOSITION, UH, AND THERE WERE ALSO NO LETTERS OF SUPPORT.

HAVE YOU HAD ANY CONVERSATIONS OR DO YOU HAVE ANY FEEDBACK FROM ANY OF THE ADJACENT PROPERTY OWNERS? THE SITE IS ACTUALLY 33 ACRES.

THE APPLICANT AND OWNER OWNS 20.

HOW MANY OF THOSE 33? I THINK THERE WERE 27, 27 ACRES OF THAT.

SO I CAN CONFIDENTLY DECLARE THAT THEY'RE IN SUPPORT, UH, AS, AS WELL AS THE APPLICANT HERE.

BUT BEYOND THAT, WE HAVEN'T HAD ANY FEEDBACK FROM FOLKS WITHIN 200 FEET.

THAT ANSWER YOUR QUESTION, MS. HAYDEN? OKAY.

MS. DAVIS, DID YOU HAVE A QUESTION OR NO? THE ANSWER.

UM, WHAT ARE THE QUESTIONS FOR THE APPLICANT? SO WE'VE, UH, MR. UH, BOARD ATTORNEY, I'M GONNA ASK YOU TO READ BACK FOR THE BOARD, UH, BEFORE I CUT OFF THE PUBLIC HEARING PORTION FOR, UH, THE STANDARD CERTAINLY CHAIRMAN, IN REGARDS TO VARIANCES, THE BOARD MUST GRANT A VARIANCE PROVIDED THAT THE VARIANCE

[00:35:01]

IS NOT CONTRARY TO THE PUBLIC INTEREST, THAT THE VARIANCE IS NECESSARY TO PERMIT THE DEVELOPMENT OF A SPECIFIC PARCEL OF LAND.

AND LASTLY, THAT THE VARIANCE IS NOT GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP.

THANK YOU, MR. BOARD ATTORNEY.

UM, THOSE ARE THE THREE CRITERIA THAT IT'S IN FRONT OF US BASED ON THE REQUEST FROM THE APPLICANT.

UH, ARE THERE ANY OTHER PEOPLE HERE THAT WANT TO SPEAK IN FAVOR OF THE APPLICATION? ARE THERE ANYONE HERE OR IN LINE THAT WANNA SPEAK IN OPPOSITION? NO ONE HERE TO SPEAK IN FAVOR.

NO ONE HERE TO SPEAK IN OPPOSITION.

YOU'VE HEARD OUR THREE CRITERIA.

ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION.

MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 43 ON APPLICATION OF WILL BOWLS GRANT THE 16 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY AS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WILL RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.

I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.

COMPLIANCE WITH A SUBMITTED SITE PLAN IS REQUIRED.

IT'S BEEN MOVED BY MS. DAVIS IN BDA 2 23 0 4 3 TO GRANT THE REQUEST.

IS THERE A SECOND? I'LL SECOND.

MS. HAYDEN SECONDED THE MOTION.

UM, IT'S BEEN MOVED IN SECONDED IN 2 23 0 4 3 DE GRAND, THE 16 FOOT VARIANCE.

MS. HAYDEN? EXCUSE ME, MS. DAVIS.

I I BELIEVE IT MEETS ALL THE CRITERIA AND I REALLY APPRECIATED THE THOROUGH PRESENTATION.

ALSO LOOKS LIKE IT'S CONSISTENT WITH WHERE THE OTHER BUILDINGS FALL ALONG, UH, UH, NORTH CENTRAL EXPRESSWAY, WHICH IS ONE OF MY QUESTIONS AND YOU'VE ANSWERED ANY QUESTIONS OR CONCERNS THAT I HAVE.

MS. HAYDEN? I AGREE AND I THINK THE FACT THAT THE LOT HAS TWO FRONT YARDS WITH TWO FRONT YARD SETBACKS, UM, MAKES IT A LITTLE BIT UNIQUE.

AND ALSO THE RIGHT TURN LANE GEOMETRY WITH THE FRONTAGE ROAD, UM, MAKES IT UNIQUE IN THIS CASE.

SO THAT'S WHY I, I DECIDED TO APPROVE THIS AS WELL.

OTHER DISCUSSION ON THE MOTION? THE MOTION ON THE FLOOR IN BDA 2 23 0 4 3, UH, IS TO GRANT THE 16 FOOT VARIANCE, THE FRONT YARD SETBACK.

UM, IT'S BEEN MOVED BY MS. DAVIS AND SECONDED BY MS. HAYDEN.

WE'LL CALL FOR A VOTE MS. BOARD SECRETARY.

MR. HOLCOMB AYE.

MS. HAYDEN AYE.

MS. DAVIS? AYE.

MR. CHAIR? YES.

IN THE MATTER OF B D A 2 23 0 4 3.

THE BOARD GRANTED UNANIMOUSLY YOUR REQUEST FOR 16 FOOT VARIANCE, YOU'LL GET A LETTER FROM THE CITY OF DALLAS, A A BOARD ADMINISTRATOR CONFIRMING AS SUCH.

WE'LL GO TO OUR NEXT CASE IN ONE SECOND.

NEXT CASE IN FRONT OF US IS BDA 2 2 344 BDA 2 2 3 4 4 1 7 18 SOUTH GOOD LAER EXPRESSWAY.

IS THE APPLICANT HERE? YES, THE APPLICANT'S HERE.

IF YOU WOULD, UH, BE KIND ENOUGH TO BE SWORN IN BY OUR BOARD SECRETARY AND THEN YOUR NAME AND ADDRESS.

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.

THANK YOU MS. WILLIAMS. MY NAME IS MARGO MURPHY.

I'M, UH, HERE ON BEHALF OF BALDWIN ASSOCIATES 39 0 4 ELM STREET, SUITE B A LITTLE BIT CLOSER TO THE MICROPHONE.

I WANT TO HEAR EVERYTHING.

MY NAME IS MARGO MURPHY.

I AM HERE ON BEHALF OF BALDWIN ASSOCIATES AT 39 0 4 ELM STREET, SUITE B, DALLAS, TEXAS 75 2 2 6.

SO YOU HAVE FIVE MINUTES TO PROCEED.

UM, CAN I HAVE ASSISTANCE WITH THE POWERPOINT PLEASE? YOU GIVE THAT TO GIVE IT TO OUR BOARD SECRETARY, MS. MARION.

AND IF IT DOESN'T WORK, SOMEONE FROM OUR OFFICE IS BRINGING PAPER COPIES AS WE SPEAK.

WHILE MS. WILLIAMS IS DOING THAT, THANK YOU ALL FOR YOUR SERVICE.

I, I SERVED EIGHT YEARS ON THE DALLAS CITY PLAN COMMISSION AND I RECOGNIZE THE DEDICATION AND, UM, YOU DO A LOT FOR A, UH, TURKEY SANDWICH FIRM, JASON'S DELI.

AND I KNOW HOW HARD HE'S IT'S THE AFTERNOON ICE TEA.

OH, IT'S THE AFTERNOON ICE TEA.

SO, UM, I'M HERE ON BEHALF OF ROB.

HE IS AN EXPERT WITNESS IN A DEPOSITION THAT COULDN'T

[00:40:01]

SO I AM PINCH HITTING.

UH, THIS IS THE FIRST TIME I'VE APPEARED AT CITY HALL SINCE I LEFT MY, UH, MY SERVICE, UH, ABOUT 19 MONTHS AGO.

SO BE GENTLE WITH ME AND I'VE NEVER APPEARED BEFORE THE BOARD AND, AND MR. IRWIN IS OVER THERE SMILING.

SO, UM, I CAN, I CAN START WITH THE PRESENTATION VERBALLY SO THAT WE DON'T LOSE ANY TIME, IF YOU DON'T MIND.

UH, AND I WILL GO ABOUT IT.

YOU ASK SOME REALLY GOOD QUESTIONS AFTER.

HOLD ON ONE SECOND.

DID, ARE YOU GONNA RUN HER KEYBOARD DEAL? SO WHY DON'T YOU JUST HOLD ONE SECOND.

SO SHE LOADS UP.

CAUSE I DON'T KNOW HOW QUICK, HOW, HOW MANY WHAT THE, HER DELAY IN KEYSTROKES IS VERSUS YOUR PRESENTATION.

AND WE'D LIKE IT TO MARRY UP AS BEST AS POSSIBLE.

SO JUST GIVE US ONE SECOND.

AND I APPRECIATE YOUR PATIENCE WITH ME.

HOW MANY YEARS IN THE PLANNING COMMISSION? EIGHT.

OH MY GOODNESS.

AND BY THE WAY, THE PROJECT YOU JUST APPROVED WAS IN DISTRICT 13, WHICH I REPRESENTED FOR EIGHT YEARS.

TELL US WHEN YOU'RE READY, MS. MARY.

THANK YOU, MR. CHAIR.

I'M HERE ON, UH, BDA 2 23 DASH 0 0 4.

IT'S A PROJECT ON GOOD LAMER.

UM, AT THE BRIEFING YOU ASKED HOW THAT PROJECT WOULD BE USED AND IT IS GONNA BE USED AS AN APARTMENT COMPLEX.

THE PROJECT RESIDES WITHIN PD THREE 17 AND IT IN FACT COMPLIES WITH, UH, THE DEVELOPMENT STANDARDS AND CONDITIONS OF PD 13 WITH THE EXCEPTION OF THE LANDSCAPE PLAN.

SO, UM, I THINK IT, IT DOES REVERT TO ARTICLE 10 IN THE LANDSCAPE PLAN.

UH, MR. IRWIN AND I WORKED REALLY HARD ON THE REWRITE OF THE LANDSCAPE PLAN, AND I CANNOT BELIEVE I'M HERE TO TALK TO YOU ABOUT WHAT WE THOUGHT WOULD HAPPEN.

SO IN TWO, UM, IN ONE AREA.

WELL, LET ME JUST, LET ME JUST GO.

IF YOU'LL GO TO THE NEXT SLIDE, PLEASE.

UM, PERTH P THANK YOU.

UM, PER PD THREE 17, THE BUILDING HAS TO BE LOCATED BETWEEN FIVE AND EIGHT FEET FROM THE PROPERTY LINE.

UM, AND THIS DOESN'T LEAVE, LEAVE MUCH ROOM TO PLANT TREES.

I BELIEVE THAT'S KIND OF AN URBAN FORM SETBACK.

SO IT'S GOTTA DO THAT.

AND IN ADDITION, THE PD REQUIRES SIDEWALK WITH AN UNOBSTRUCTED WIDTH OF SIX FEET.

I BELIEVE MS. BRIDGES SHOWED YOU PICTURES IN THE BRIEFING OF THE SIDEWALK.

AND I THINK IF THOSE WERE FOUR FEET, I'M BEING VERY GENEROUS.

AND FOR THOSE OF YOU WHO DON'T KNOW, TWO PEOPLE CAN'T WALK ALONG A SIDEWALK THAT'S FOUR FEET.

YOU'VE GOTTA HAVE A, A WIDER ONE.

SO TO PD THREE SEVENTEENS CREDIT, IT REQUIRES AN UNOBSTRUCTED WIDTH OF SIX FEET.

ON TOP OF THAT, THERE ARE UTILITIES ALONG OUR STREET FRONTAGES THAT SEVERELY LIMIT WHERE TREES CAN BE PLANTED, SPECIFICALLY ON GOOD LAMER.

AND THEN AGAIN, ON LOUISE STREET, I BELIEVE THAT'S THE NAME OF THE STREET THERE ON GOOD LAMER, THERE IS A GAS LINE.

AND THERE THERE'S A STORM SEWER LINE.

AND I BELIEVE ON LOUISE STREET THERE IS A GAS LINE.

SO, UM, ALSO WE'RE REMOVING OVERHEAD POWER LINES TO FREE UP SPACE FOR ADDITIONAL TREES.

ONE OF THE THINGS MR. IRWIN SPOKE TO US ABOUT WHEN WE WERE REDOING, UH, ARTICLE 10 WAS HOW MANY, UH, TREES IN THE CITY OF DALLAS GROW INTO THE, INTO THE POWER LINE? DIDN'T THINK ABOUT THAT WHEN WE CREATED THE ORIGINAL ARTICLE.

AND NOW WE DID.

SO OUR CLIENT'S GOING TO THE, THE TROUBLE OF, OF REMOVING THE OVERHEAD POWER LINES TO FREE UP SPACE FOR LANDSCAPING.

AND THEN ONE LAST THING, UM, PROBABLY MY FAVORITE IS THERE'S A BILLBOARD EASEMENT ON I 45 AND THAT PREVENTS US FROM PLANTING, UH, TREES ALONG THAT FRONTAGE.

NEXT SLIDE, PLEASE.

SO THE SITE IS CONSTRAINED WITH ZONING, UTILITY LINES AND EASEMENT THAT PROHIBIT, UH, COMPLIANCE OR, OR THE PLANTING OF TREES.

AND I, WE JUST WANNA SAY THAT WE ARE MEETING THE SPIRIT AND INTENT OF THE LANDSCAPE REQUIREMENTS AND COME UP WITH A PLAN THAT PROVIDES A LOT OF TREES AND OTHER PEDESTRIAN ENHANCEMENT.

UM, BUT IT DOESN'T MEET THE LETTER OF THE LAW AND THAT'S WHY WE'RE HERE.

SO WE JUST WANT YOU TO KNOW WE'RE STILL PROVIDING 38 TREES ON THE PROPERTY AND ALL OF THE FRONTAGES WILL HAVE A ROBUST, UH, LANDSCAPE AND TREATMENT.

I'VE GOTTA SAY THEY'RE GONNA BE A LOT BETTER THAN, THAN WHAT IS CURRENTLY ON THE GROUND.

OKAY, THAT'S A, UM, NEXT SLIDE PLEASE.

IT'S JUST A MAP OF WHERE WE ARE.

AND SO WE'LL KIND OF RACE THROUGH THESE.

UM, LET'S SEE, YES, IF YOU NEXT SLIDE PLEASE YOU IN THE GREEN, THAT'S WHERE, UM, THE SLIDE IS.

NEXT SLIDE PLEASE.

AND YOU CAN SEE, UM, ON THE GROUND.

NEXT SLIDE PLEASE.

LET SEE IF I CAN CATCH UP ON MINE.

[00:45:01]

THERE'S A ZONING MAP.

NEXT SLIDE, PLEASE.

OKAY, I THINK ONE OF YOU ASKED THE QUESTION, IT WAS A REALLY GOOD QUESTION AT THE BRIEFING, WHAT COULD BE DONE NOW, COMPARE AND CONTRAST, WHY CAN'T YOU? THAT WAS MS. DAVIS'S QUESTION, I BELIEVE.

WELL, THANK YOU MS. DAVIS.

UH, EXCELLENT QUESTION.

SO I DON'T KNOW, UH, MS. WILLIAMS IF YOU CAN MAKE THAT ANY LARGER, BUT IT WOULD BE VERY HELPFUL IF NOT AT LUNCHTIME.

I WENT TO THE HANDY DANNY PRINTER AND YOU MIGHT EVEN PREFER THIS ONE AND I GOT A HARD COPY.

SO WHAT I WANNA SHOW YOU IS YOU WILL SEE SOME CIRCLES IN PINK AND THOSE TO KNOW THE 20 FOOT OFFSET FROM THE LIGHT POLES, WHAT'S REQUIRED.

SO WHAT THOSE PINK CIRCLES MEAN NO PLANTING ZONES.

WE ARE TOO CLOSE TO LIGHT POLES.

THE BLUE CIRCLES, THEY SHOW, UM, 20 FOOT OFFSET FROM EXISTING TREES.

THERE AGAIN, UNDER THE CODE.

WE CAN'T PLANT THERE BECAUSE WHAT THE CODE SAYS.

OKAY, I'M GONNA ASK YOU TO REPEAT THAT AGAIN.

SO EACH OF THOSE PINK CIRCLES, THE LARGE PINK CIRCLES ARE NO PLANTING ZONES BECAUSE OF PROXIMITY TO LIGHT POLES CORRECT? TO LIGHT POLES.

AND BY THE WAY, OVER LUNCH, I DID CONFIRM WITH THE KIMLEY HORN ENGINEER.

SO I JUST, JUST TO MAKE SURE I WAS UNDERSTANDING THAT CORRECT.

SO THE, THE PINK IS NO PLANTING BECAUSE OF, UH, THE PROXIMITY TO LIGHT POLES.

MR. LONG IS NOT IN AN AGREEMENT.

HE'S HELPING ME ALONG THERE.

SO THE BLUE ONES ARE NO PROXIMITY TO TREE? NO, YOU CAN'T PLANT THERE BECAUSE OF WHAT'S PROXIMITY TO EXISTING TREES.

WE ALL KNOW THAT IF YOU PUT EXISTING TREES TOGETHER, THAT'S A NO-GO.

THEY DON'T WORK WELL.

SO WHAT, UM, WHAT THEY'RE SH OH, AND I GUESS I SHOULD SAY ON DAWSON STREET, IF YOU WILL SEE THAT ON THE SOUTH SIDE THERE, THAT'S THE ONLY STREET SECTION THAT COMPLIES WITH ARTICLE 10.

AND IDEALLY WE WOULD'VE DONE THAT ALL THE WAY AROUND, BUT WE CAN'T.

SO LET'S START WITH GOOD LAMER.

ON GOOD LAMER, YOU HAVE THE GAS LINE, YOU HAVE THE STORM SEWER LINE, AND YOU HAVE THOSE PINK AND BLUE CIRCLES, WHICH ARE NO PLANTING ZONES ON THE NORTH SIDE ON LOUISE AVENUE.

THERE AGAIN, YOU HAVE THE PINK CIRCLES.

AGAIN, A GAS UTILITY LINE.

IF YOU, IF WE NEEDED TO COMPLY, WE WOULD HAVE TO MOVE THOSE UTILITIES.

THAT'S COST PROHIBITIVE.

AND, AND IT JUST, IT DOESN'T MAKE ANY SENSE WITH THE BLUE AND THE YELLOW, UH, CIRCLES, UH, REPRESENT IS WHERE TREES WILL BE PLANTED INSTEAD, WHERE WE CAN PLANT TREES.

AND WHAT KIND OF TREES CAN BE PLANTED AGAIN, UM, UH, IN THE, IN THE GREENS SHOW TREES WITHIN A CERTAIN PROXIMITY OF THE LIGHT POLE AND THE YELLOW, UH, TREES THAT ARE WITHIN A CERTAIN PROXIMITY TO EXISTING TREES.

THE OTHER THING I'M GONNA NOTE FOR YOU, IF YOU WANNA GET THAT GRANULAR, I'M HAPPY TO EXPLAIN THE DIFFERENT COLORS ON THIS, UM, ON THIS ILLUSTRATION, BECAUSE YOU HAVE SOME GRAY HATCHED AREA, WHICH SHOWS AN WHERE YOU CAN'T PLANT, UM, THE RED SHOWS.

UM, WHEN IT'S, IS THE GRAY HASHED AREA THE CLOSEST TO I 45? NO, THAT'S THE DARK GRAY.

AND THAT'S, I MEAN, THE DARK BLACK THAT'S OVER THERE ON THE RIGHT SIDE.

BY THE WAY, ON THE RIGHT SIDE THERE, CLOSE TO I 4 3 45, UH, THERE'S A DETENTION POND ON THE UPPER RIGHT HAND CORNER.

SO, AND THAT'S WHERE THE EASEMENT IS FOR THE BILLBOARD.

SO IN SHORT, THIS SITE IS CONSTRAINED.

IF IT'S NOT UTILITIES, IT IS, UH, EXISTING TREES.

IF IT'S NOT EXISTING TREES, OH, IT'S A SIDEWALK THAT HAS TO GROW FROM FOUR FEET TO SIX FEET.

IF IT'S NOT THE SIDEWALK, IT'S BUILDING PLACEMENT.

AND BUILDING PLACEMENT IS REQUIRED BY THE CONDITIONS OF ARTICLE THREE 17.

NO, THERE'S NO CHOICE.

BY THE WAY, THERE WAS A QUESTION ABOUT LOT COVERAGE FULLY COMPLY WITH LOT COVERAGE HERE.

SO THE ONLY, UM, EXCEPTION WE'RE ASKING FOR IS TO THE LANDSCAPE PLAN.

AND THAT'S WHY WE'RE SUBMITTING WHAT WE BELIEVE IS A ROBUST LANDSCAPE PLAN.

UM, AND WE BELIEVE, UM, MARY, CAN YOU GO TO THE NEXT SLIDE? AND WE MAY SKIP THAT ONE TOO.

UH, YEAH, THAT'S JUST AGAIN, UH, MAKING LARGER WHAT YOU, WHAT I JUST WALKED YOU THROUGH.

SO 20, UH, FOOT OFFSET FOR LIGHT POLES AND TW AND THEN THE BLUE IS THE 24, THE EXISTING TREES.

CAN YOU GO ONE MORE, MARY? OH, IT'S GONE.

I THINK WE GO BACK TOO, PLEASE.

AND ONE MORE, IF YOU'LL GO BACK ONE MORE.

IT SHOULD BE THERE, HUH? OKAY.

WELL, MAYBE NOT.

I'M SORRY THAT IT, IT APPEARS IN MINE HERE AND NOT ON THE ONE ON SCREEN.

SO IN SUMMARY, UM, YOU KNOW, WE BELIEVE THAT STRICT COMPLIANCE WOULD RE WOULD RESULT IN AN UNREASONABLE BURDEN.

I MEAN, WE CANNOT MOVE UTILITY LINES.

UM, THE LANDSCAPING IS NOT GONNA ADVERSELY

[00:50:01]

IMPACT THE NEIGHBORHOOD.

IN FACT, THIS DEVELOPMENT, IN ADDITION TO PROVIDING MUCH NEEDED HOUSING FOR THE CITY OF DALLAS, I MEAN IT'S GONNA PROVIDE A ROBUST LANDSCAPE PLAN.

UM, AND WE JUST, UH, RESPECTFULLY REQUEST THAT YOU APPROVE THIS PROJECT AND THANK MR. IRWIN FOR HIS SUPPORT AND FOLLOW HIS LEADS.

UM, AND I'M HERE FOR ANY QUESTIONS.

THANK YOU VERY MUCH.

BEFORE WE GO TO QUESTIONS, UH, I'M GONNA HAVE OUR BOARD ATTORNEY RESTATE THE CRITERIA BY WHICH THE BOARD IS EVALUATING THIS REQUEST.

BEFORE HE DOES THAT, IS THERE ANYONE ELSE HERE THAT WISHES TO SPEAK IN FAVOR OF THE APPLICATION? IS THERE ANYONE HERE THAT WISHES TO SPEAK AN OPPOSITION TO THE APPLICATION? I THINK AT OUR BRIEFING THIS MORNING, WE WERE TOLD THERE WAS NO POSITIVE OR NEGATIVE FEEDBACK.

IS THAT CORRECT STAFF ON THIS CASE? CORRECT.

MR. SAPP, BOARD ATTORNEY, WOULD YOU GIVE US, WOULD YOU READ INTO THE RECORD WHAT THE CRITERIA IS, PLEASE? CERTAINLY.

IN REGARD TO SPECIAL EXCEPTIONS FOR LANDSCAPING, THE BOARD MAY GRANT A SPECIAL EXCEPTION UPON MAKING A SPECIAL FINDING FROM THE EVIDENCE PRESENTED THAT STRICT COMPLIANCE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY, THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, AND THAT THE REQUIREMENTS ARE NOT IMPOSED BY A SITE SPECIFIC LANDSCAPE PLAN APPROVED BY THE CITY PLAN COMMISSION OR CITY COUNCIL.

OKAY, ONE SECOND.

CAN YOU READ THE FIRST ONE AGAIN PLEASE? YEAH, GO AHEAD AND READ IT ALL OVER AGAIN, PLEASE.

WE'RE, WE'RE, WE'RE IN THE MA MANUAL PAPER MODE THESE DAYS, BUT GO AHEAD, START AGAIN PLEASE, MR. SAPP.

UH, THE BOARD MAY GRANT A SPECIAL EXCEPTION UPON MAKING A SPECIAL FINDING FROM THE EVIDENCE PRESENTED THAT STRICT COMPLIANCE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY, THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, AND THAT THE REQUIREMENTS ARE NOT IMPOSED BY A SITE SPECIFIC LANDSCAPE PLAN APPROVED BY THE CITY PLAN COMMISSION OR CITY COUNCIL.

THANK YOU MR. SAB.

SO, SO THERE'S NO OTHER SPEAKERS PRO OR A CON.

SO WE'LL NOW GO TO QUESTIONS FROM THE BOARD TO THE APPLICANT, MS. HAYDEN.

SO I, I GUESS MY QUESTION IS ABOUT THE LANDSCAPING THAT'S KIND OF WITHIN THE INTERIOR OF YOUR SITE.

I KNOW THERE'S A PARKING AREA, AND I SAW ON, ON, UH, THE APPLICATION THAT, UM, LOW IMPACT DEVELOPMENT THAT YOU'VE SELECTED TREES FROM THE CITY OF APPROVED PLANT TREE LIST PROPOSING TEXAS NATIVE PLANT MATERIAL WITHIN THE LANDSCAPE BEDS, UM, BUT CANNOT FIND THE PARAMETERS THAT CLASSIFY.

SO I'M JUST CURIOUS AS TO WHAT YOU'RE PROPOSING, UM, SINCE, SINCE THE, THE TREES ARE OBVIOUSLY AN ISSUE WITHIN THE, THE PARKWAY.

I I WAS WONDERING WHAT YOU'RE PROPOSING KIND OF ON THE SITE.

WELL, THAT'S A GOOD QUESTION AND IF YOU NEED AN ANSWER TO THAT QUESTION, I'M AFRAID I'M GONNA HAVE TO ASK THAT THIS CASE BE HELD UNTIL A FUTURE DATE.

UH, BUT I THINK, UH, BECAUSE THE LANDSCAPE ARCHITECT COULDN'T BE HERE TODAY, AND I CAME PREPARED TO TALK ABOUT WHAT WE WERE REQUESTING FOR THE STREET TREES.

SO I'M JUST GONNA GIVE YOU A VERY HONEST ANSWER.

MY SENSE IS, AND THERE IS, UM, AND I HAVE SOMEWHERE IN MY ELECTRONIC FILES A VERY DETAILED, UM, TREE AND PLANTING, UH, SCHEDULE.

AND, UM, I BELIEVE IT COMPLIES WITH, WITH THE REQUIREMENTS OF THE CITY.

I DON'T KNOW IF MR. IRWIN COULD HELP ANSWER THAT QUESTION, BUT, BUT THAT'S THE BEST ANSWER I CAN OFFER.

THANK YOU FOR YOUR HONESTY.

HOLD THAT THOUGHT.

MR. IRWIN, CAN YOU, UM, PROVIDE, UM, HAIL MARY RELIEF ? UH, I DON'T HAVE THE SPECIFIC PLANT MATERIALS IN FRONT OF ME.

I DON'T HAVE THE PLANS IN FRONT OF ME.

UH, YOU MAY DO, WE MAY HAVE THE PLAN HERE THAT I COULD TAKE A LOOK AT AND VERIFY WHICH EXACT PLANT MATERIALS THAT ARE TALKING ABOUT, BUT THEY ARE PROVIDING SMALL TREES ADJACENT TO THE STRUCTURE AND LARGER TREES WOULD BE PLANTED FURTHER AWAY FROM THE STRUCTURE PER ORDINANCE.

SO THERE, THERE WOULD BE APPROPRIATE SPECIES FOR THE LOCATION.

THAT'S, THAT'S REALLY WHAT I WAS LOOKING FOR.

AND I AM REFERRING TO THE INTERIOR.

I GUESS YOU MIGHT BE REFERRING TO A COURTYARD OR SUCH AS THAT, THE INTERIOR COURTYARD.

YEAH, I, I REALLY WAS KIND OF LOOKING MORE FOR YOUR OPINION ON WHETHER OR NOT THEY WERE MEETING THE REQUIREMENTS OTHER THAN THE STREET TREES.

WHEN I RE, WHEN I REVIEWED THE PLANT MATERIALS PREVIOUSLY, I WAS CONFIDENT IN THE MATERIALS THAT THEY WERE USING THAT THEY COULD MAINTAIN THAT WITH AND KEEP THE SIDEWALKS CLEAR.

BUT, BUT THAT'S SPEAKING TO THE EXTERIOR SIDEWALKS AND WE GET THAT SIX FEET ELECTRIC LINES AND ALL THAT.

HER, SHE WAS REALLY ZEROING IN ON INTERIOR, I BELIEVE.

AND THE INTERIOR IT, WE DID NOT REVIEW THAT HEAVILY BECAUSE IT'S REFERRING TO WHAT'S INSIDE FOR THE PEOPLE LIVING

[00:55:01]

IN THE FACILITY WHERE WE DID NOT, THEY'RE NOT STREET FACING LANDSCAPING.

SO WE DID NOT GIVE THAT A LOT OF CONSIDERATION.

SO DID YOU WANT TO FOLLOW UP ON THAT FURTHER OR IS THAT SATISFIED? YOUR QUESTION AT THIS TIME? THAT SATISFIES MY QUESTION.

OKAY, THANK YOU.

WHAT ARE THE QUESTIONS WE HAVE, MR. HOLCOMB? UM, SO I GUESS THAT BEGS THE QUESTION TO ME WHETHER OR NOT THIS IS, UH, A SELF-CREATED HARDSHIP, UM, IN THE SENSE THAT, UH, YOU'VE GOT THIS AREA AND THE INTERIOR THAT'S NOT FOR THE PUBLIC USE THAT YOU COULD POTENTIALLY OVERCOME WITH, OR, I MEAN, CONSTRUCT OVER AND THEREFORE LEAVE MORE ROOM FOR THE LANDSCAPING ON THE OUTSIDE.

SO THIS CASE IS ABOUT, IS THAT A QUESTION OR A STATEMENT? WELL, I, I'M, I'M ASKING THE APPLICANT TO, TO, TO RECONCILE, YOU KNOW, THE, THE, THE PRESERVATION OF THE INTERIOR SPACE AT THE EXPENSE OF, OF THE OUTSIDE LANDSCAPING AND THAT YOU'RE ASKING FOR AN EXCEPTION FOR, UH, MR. HOLCOMB.

THAT'S A REALLY GOOD QUESTION.

IN UNDER ORDINARY CIRCUMSTANCES, I WOULD SAY YEAH, PUSH THE BUILDING BACK.

BUT WE CAN'T BECAUSE, UH, THE PD REQUIRES IT TO BE WITHIN FIVE TO EIGHT FEET OF THE PROPERTY LINE.

IT'S REQUIRING, IT, IT, THE PD REQUIRES THE BUILDING TO BE PUSHED UP BECAUSE IT IS TRYING TO ACTIVATE THE STREET IF THAT'S THE URBAN FORM SETBACK RATIONALE.

SO IT'S NOT LIKE WE HAD A CHOICE.

WE HAD TO PLACE THE BUILDING WHERE WE PUT THE BUILDING AND, UM, REPEAT THAT, WHAT YOU JUST SAID.

THE URBAN FORM WITHIN THE PD REQUIRES THAT, YEAH, I, I THINK, ISN'T THAT RIGHT? I THINK WITHIN FIVE TO EIGHT FEET OF THE PROPERTY LINE IS WHERE THE BUILDING MUST BE.

SO OUR HANDS ARE TIED.

WE'VE GOTTA PLACE THE BUILDING THERE.

OUR EMERITUS BOARD ATTORNEY WANTED TO MAKE A COMMENT THAT GOES TO YOUR QUESTION, MR. HOLCOMB.

MR. HOLCOMB, THE THE HARDSHIP LANGUAGE THAT YOU'RE REFERRING TO IS THE VARIANCE STANDARD, AND THIS IS A SPECIAL EXCEPTION.

SO I JUST WANTED TO REMIND, UH, THE BOARD THAT THE STANDARD THAT YOU ARE TO CONSIDER IS WHETHER STRICT COMPLIANCE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY.

THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES, AND THEN THE REQUIREMENTS ARE NOT IMPOSED BY A LANDSCAPE PLAN CRE, UH, AS REQUIRED BY CITY PLAN, COMMISSION, OR COUNCIL.

AND SO JEN, JUST TO CLEAN THAT UP, UH, I WILL, I WILL FRAME IT IN THE SENSE OF NOT ADVERSELY AFFECTING NEIGHBORING PROPERTIES FROM THEIR VIEW AND YOUR, UM, POINT ABOUT THE PD ANSWERED MY CONCERN.

THANK YOU, MR. HOLCOMB.

I, I WAS GONNA FOLLOW A SIMILAR LINE OF QUESTIONING ABOUT THE LOT COVERAGE.

I KNOW YOU MENTIONED IN YOUR TESTIMONY THAT YOU MEET THE CITY'S, UH, CRITERIA FOR A LOT COVERAGE HERE.

AND I WAS THINKING, WELL, YOU KNOW, AS PART OF THE PROBLEM HERE IS YOU'RE BUILDING TOO MUCH, BUT IF AGAIN, THE URBAN FORM BRINGS YOU TO THE STREET AND THAT COMPROMISES NOT COMPROMISE, BRINGS YOU TO THE STREET AND YOU STILL HAVE NEAR, UH, SIDEWALKS AND POWER.

SO I WAS GONNA PURSUE THE LOT COVERAGE ISSUE, BUT I'M NOT GOING TO NOW.

QUESTIONS FROM THE BOARD? OKAY.

WE LOST ONE OF OUR MEMBERS.

DO WE STILL HAVE A QUORUM? BUT HE'S COUGHING.

UM, MS. HAYDEN, I DID HAVE A, A QUESTION EARLIER TODAY OF STAFF, BUT I'LL, I'LL GO AHEAD AND ASK YOU AS WELL.

UM, JUST IF YOU'RE