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[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.
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.
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.
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.
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.
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.
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
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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.
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.
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.
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.
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.
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.
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.
IT'S BEEN MOVED BY MS. HAYDEN TO APPROVE THE MEETING MINUTES AS PRESENTED FROM APRIL 18TH.
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.
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.
ALL RIGHT, SO WE GO TO OUR CASE DOCKET ON OUR CASE
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DOCKET.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.
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.
I DON'T THINK THERE SHOULD BE.
NOW FLIP THE MICROPHONE CLOSE TO YOUR VOICE TO YOU.
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.
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.
THAT'S BA THAT'S BASICALLY IT.
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.
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.
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.
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.
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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.
QUESTIONS AMONGST THE BOARD? THANK YOU, SIR.
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.
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.
MR. HOLCOMB MOVED TO GRANT IN 2 23 0 4 2.
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.
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.
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.
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.
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.
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OKAY.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.
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.
MAN, UH, YOUR MICROPHONE'S OFF.
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.
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.
ALL RIGHT, THANK, WE WANNA HEAR EVERYTHING YOU HAVE TO SAY.
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.
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.
EVERYONE KNOWS WE'RE THE CORNER OF PARK CENTRAL.
I WANT YOU TO KEEP IN, IN, IN, IN CONJUNCTION WITH YOUR SLIDE BACK.
SHE'S JUST WAITING FOR IT TO EXECUTE.
CERTAINLY NOT REFLECTIVE OF THE CITY OF DALLAS
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.
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.
THIS WILL HELP US, ESPECIALLY THIS PAPER PERSON.
AND WE'LL START YOUR CLOCK AGAIN.
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.
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.
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.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.
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.
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.
[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.
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.
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.
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.
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 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]
CHANGE TODAY.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.
YOU ASK SOME REALLY GOOD QUESTIONS AFTER.
DID, ARE YOU GONNA RUN HER KEYBOARD DEAL? SO WHY DON'T YOU JUST HOLD ONE SECOND.
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.
AND I APPRECIATE YOUR PATIENCE WITH ME.
HOW MANY YEARS IN THE PLANNING COMMISSION? EIGHT.
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.
I'M HERE ON, UH, BDA 2 23 DASH 0 0 4.
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.
WELL, LET ME JUST, LET ME JUST GO.
IF YOU'LL GO TO THE NEXT SLIDE, PLEASE.
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.
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.
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.
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.
AND YOU CAN SEE, UM, ON THE GROUND.
LET SEE IF I CAN CATCH UP ON MINE.
[00:45:01]
THERE'S A ZONING MAP.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.
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.
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.
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.
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.
IF YOU, IF WE NEEDED TO COMPLY, WE WOULD HAVE TO MOVE THOSE UTILITIES.
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.
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.
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.
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.
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.
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.
MR. IRWIN, CAN YOU, UM, PROVIDE, UM, HAIL MARY RELIEF
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.
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.
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.
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.
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 REMOVING ANY OF THE TREES THAT ARE ON THE PROPERTY, ANY LARGE TREES.
I GUESS I SHOULD SAY I ASKED THE ENGINEER THAT QUESTION WHEN I WENT TO THE OFFICE AT LUNCHTIME TO GO THROUGH IT.
AND SO I BELIEVE MOST OF THE TREES ARE STAIN.
I THINK THERE'S ONE QUOTE MINOR TREE THAT HAS TO BE REMOVED ALONG GOOD LAMER, IF I RECALL.
MR. IRWIN, AM AM I BEING FAIR? OKAY.
SO I JUST GOT THIS LAST NIGHT.
UH, I WOULDN'T GIVE ANY EXCUSES.
YOU, YOU, YOU WERE FACTUAL AND YOU WERE HONEST.
AND THAT'S WHAT IT WOULD LIKE IT.
IN OUR ROLE, WE'RE SUPPOSED TO STICK WITH THE FACTS, YOU KNOW? UH, WHAT DID, UM, BILL WEBB SAY? JUST THE FACTS, MAN.
UM, QUESTIONS FOR THE APPLICANT.
I ALREADY ASKED IF THERE WAS ANYONE HERE IN OPPOSITION ASKED IF THERE'S ANYONE HERE SPEAKING FORWARD.
SO HEARING THAT THE CHAIR WOULD ENTERTAIN A MOTION, MR. HEK, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH FOUR FOUR ON APPLICATION OF ROB BALDWIN GRANT, THE REQUEST OF THIS APPLICANT FOR A SPECIAL EXCEPTION TO THE LANDSCAPE REQUIREMENTS CONTAINED IN ARTICLE 10 OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT ONE, STRICT COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY.
TWO, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
AND THREE, THE REQUIREMENTS ARE NOT IMPOSED BY A SITE SPECIFIC LANDSCAPE PLAN APPROVED BY THE CITY PLAN COMMISSIONER, CITY COUNCIL.
I FURTHER MOVED THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH A SUBMITTED ALTERNATE LANDSCAPE PLAN IS REQUIRED.
IT'S BEEN MOVED IN BDA 2 23 0 4 4 TO GRANT THE, THE REQUEST FOR SPECIAL EXCEPTION FOR LANDSCAPING BY MR. HOLCOMB.
[01:00:01]
SECOND.MR. HOLCOMB, UM, THE TWO FACTORS THAT, THAT REALLY SWAYED ME ON THIS ONE, NUMBER ONE IS ADDRESSING THE LOT COVERAGE ISSUE.
THAT WAS A, A MAJOR CONCERN OF MINE.
UM, AND, AND THEN ALONG WITH THAT, UH, MR. IRWIN'S PROFESSIONAL OPINION THAT THIS HELD THE INTENT OF ARTICLE 10, THOSE THAT PERSUADED ME THAT THIS IS IN, IN THE PUBLIC INTEREST AND MEETS THE SPECIAL EXCEPTION REQUIREMENTS.
MS. HAYDEN? YEAH, I THINK THE NUMBER ONE CRITERIA FOR ME WAS THAT STRICT COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY.
AND I THINK THAT WILL BE TRUE JUST BECAUSE OF THE REQUIREMENTS OF THE PD, REGARDLESS OF WHO OWNS OR DEVELOPS THAT PROPERTY.
THE MOTION HAS BEEN MADE IN 2 2 3 0 4 4 TO GRANT ANY OTHER DISCUSSION? HEARING NO DISCUSSION? WE'LL CALL FOR A VOTE.
50 IN THE MATTER OF B V A 2 23 0 4 4 OF THE BOARD UNANIMOUSLY GRAND CHAIR APPLICATION.
YOU'LL BE GETTING A LETTER FROM THE BOARD ADMINISTRATOR SHORTLY, UH, TESTIFYING AS SUCH.
THANK YOU TO ALL THE BOARD MEMBERS AND STAFF.
YOU DID QUITE WELL FOR, UH, DOING THIS ON THE FLY.
IT'S THAT EIGHT YEARS IN THE PLANNING COMMISSION THAT PREPARED YOU FOR THIS.
WE'LL PAUSE FOR ONE SECOND HERE BEFORE WE GO TO OUR NEXT CASE.
WE'RE GONNA GO INTO A FIVE MINUTE RECESS.
IT IS 2:02 PM 2:02 PM WE WILL COME BACK TO ORDER AT 2:07 PM UH, THE BOARD OF ADJUSTMENT PANEL, A, UH, ON THE 16TH OF MAY, 2020 THREES IN RECESS AT 2:02 PM WE'LL COME BACK IN SESSION AT 2:07 PM THANK YOU.
[01:06:04]
YEAH.YOU DON'T TALK TO THE, ARE PART OF THE CITY ATTORNEY.
SO I WAS ABOUT TO SAY THE SAME THING.
SO I'M PART OF THE S OFFICE AND PART OF OUR LOCATION, SO THIS IS NOT A MATTER, JUST SO MAKE A DECISION.
[01:10:08]
OKAY.WE'RE GONNA GO AHEAD AND BEGIN.
TURN YOUR VIDEOS ON GOOD AFTERNOON.
IT IS 2:10 PM ON THE 16TH OF MAY, 2023.
THE BOARD OF ADJUSTMENT PANEL IS CALLED BACK INTO SESSION.
WE HAVE TWO REMAINING CASES, UH, ON OUR AGENDA TODAY.
THE NEXT CASE, UH, FOR THE BOARD IS BDA 2 23 DASH 46 BDA 2 23 DASH 46 AT 55 19 MORNINGSIDE AVENUE, 55 19 MORNINGSIDE AVENUE.
IF YOU HOLD ONE SECOND, I'M GONNA READ A, READ A COUPLE THINGS INTO THE RECORD.
UH, AND THIS IS FOR THE PUBLIC'S CON CONSUMPTION, YOUR CONSUMPTION, AND FOR THE BOARD'S CONSUMPTION.
UH, I'M READING FROM OUR RULES AND PROCEDURES AS RECENTLY UPDATED BY THE CITY COUNCIL BY THE BOARD OF ADJUSTMENT NOVEMBER 1ST AND BY THE CITY COUNCIL ON APRIL 12TH FROM OUR RULES, PROCEDURES, UH, SECTION 11, SUBSECTION M UNDER THE BOARD'S RULES, THE APPELLANT'S CASE, THAT'S YOU SIR, WILL LAST FOR 20 MINUTES.
THE APPELLANT MAY GIVE AN OPENING STATEMENT, CALL WITNESSES AND OFFER EVIDENCE.
HOWEVER, IF THE APPELLANT CALLS A WITNESS, THE BUILDING OFFICIAL MAY CROSS-EXAMINE THAT WITNESS FOR UP TO FIVE MINUTES, WHICH DOES NOT COUNT TOWARDS EITHER PARTY'S TIME LIMITATIONS.
UH, THE APPELLANT MAY REDIRECT THEIR WITNESS, UH, FOR UP TO FIVE MINUTES, WHICH SHALL NOT COUNT AGAINST THE APPELLANT'S INITIAL 20 MINUTE TIME PERIOD.
THE ADMINISTRATIVE OFFICIAL'S CASE WILL LAST UP TO 20 MINUTES.
THAT ADMINISTRATIVE OFFICIAL MAY GIVE AN OPENING STATEMENT, CALL WITNESSES AND OFFER EVIDENCE.
HOWEVER, IF THE ADMINISTRATIVE OFFICIAL CALLS A WITNESS, THE APPELLANT MAY CROSS EXAMINE THAT WITNESS FOR UP TO FIVE MINUTES, WHICH DOES NOT COUNT TOWARDS EITHER PARTY'S LIMITATIONS.
THE ADMINISTRATIVE OFFICIAL MAY REDIRECT THEIR WITNESS FOR UP TO FIVE MINUTES, WHICH SHALL NOT COUNT TOWARD THE ADMINISTRATIVE OFFICIAL'S INITIAL 20 MINUTE TIME PERIOD.
THE APPELLANT AND THE ADMINISTRATIVE OFFICIAL CAN SUBMIT DOCUMENTS TO THE BOARD SECRETARY AS LONG AS THEY COMPLY WITH THE DOCUMENTARY EVIDENCE RULES SET FORTH IN THE BOARD'S.
RULES OF PROCEDURE BOARD MEMBERS MAY ASK AT ANY MAY, ASK QUESTIONS ANY TIME.
AND AS I WOULD SUGGEST, AS I LIKE TO BE INTERACTIVE, BUT THIS TIME WILL NOT COUNT AGAINST YOUR TIME, I'M GONNA FOREWARN EVERYONE.
WE ARE INTERACTIVE, SO WE ASK A LOT OF QUESTIONS.
AND SO DON'T GET UPSET ABOUT THAT.
UH, THE APPELLANT MAY HAVE UP TO THREE MINUTES FOR REBUTTAL AND THREE MINUTES FOR A CLOSING STATEMENT.
THE ADMINISTRATIVE OFFICIAL MAY HAVE UP TO THREE MINUTES FOR A CLOSING STATEMENT.
A MOTION IS REQUIRED TO EITHER AFFIRM, REVERSE, OR AMEND THE ADMINISTRATIVE OFFICIALS DECISION DECISIONS BY THE BOARD OF ADJUSTMENT.
PER THE CODE REQUIRES A 70% APPROVAL.
THAT MEANS FOUR OF FIVE MEMBERS HAVE TO MAKE A DECISION TO REVERSE THE BUILDING OFFICIAL'S DECISION OR TO AMEND THE BUILDING OFFICIAL, UH, DECISION.
UH, THESE, THESE RULES ARE TAKEN FROM OUR RULES OF PROCEDURE, OF WHICH JUST FOR THE RECORD, AGAIN, OUR EMERITUS BOARD ATTORNEY HELPED US REDRAFT IN OUR APRIL 12TH VERSION.
THANK YOU VERY MUCH, DANIEL MOORE.
UM, I'M GONNA READ THAT AGAIN FOR THE NEXT CASE, WHEN THE NEXT CASE COMES FORWARD.
SO CONSISTENT WITH THOSE, AND HOPEFULLY I'LL STAY WITHIN THE RULES.
BUT MY GOOD BOARD ATTORNEYS WILL KEEP ME THERE.
UM, WE'RE GONNA, THE BOARD SECRETARY'S GONNA SWEAR YOU IN, UH, CUZ OUR RULES REQUIRE ANYONE AND EVERYONE THAT GIVES TESTIMONY TO BE SWORN IN, IN YOUR NAME AND ADDRESS, AND THEN YOU'LL FOLLOW THAT BASIC FRAMEWORK OF 20 MINUTES AND THAT SORT OF THING.
UM, SO, MS. BOARD, SECRETARY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? YES, I DO.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
JAMES GRANT, 55 19 MORNINGSIDE AB UH, DALLAS, TEXAS.
OKAY, MR. GRANT, WELCOME TO THE BOARD OF ADJUSTMENT.
DID YOU WANT TO GIVE ANYTHING TO THE BOARD? ANY SORT OF HANDOUTS? I ALREADY DID.
SO ARE YOU GOING TO, WE'RE GOING TO, OUR PROFESSIONAL STAFF WILL GIVE US THOSE HANDOUTS.
WHY DON'T YOU WAIT ONE SECOND FOR US TO GET THIS.
JUST SO THAT YOU KNOW, WHAT WE HAVE IN ADVANCE OF THIS HEARING IS YOUR, THE ORIGINAL DOCUMENTATION THAT YOU SUBMITTED TO THE BOARD STAFF, TO MS. BARKUM RIGHT THERE, THIS ORIGINAL APPLICATION.
THAT'S ALL THAT WE'VE BEEN RECEIVED ON YOUR BEHALF THUS FAR.
SO MY NAME'S JIM GRANT, MY WIFE AND I AND MR. GRANT, IF YOU WOULD STAY CLOSE TO THAT MICROPHONE.
WE WANNA BE ABLE TO HEAR EVERYTHING YOU HAVE TO SAY.
[01:15:01]
MORNINGSIDE AVE.AND THE ISSUE AT HAND IS THAT WE PAINTED OUR HOUSE, UM, AND WE'RE IN A CONSERVATION DISTRICT AND WE HAD NO IDEA CLOSER TO YOUR, WE, WE HAD NO, THERE YOU GO.
IDEA THAT YOU COULD NOT PAINT YOUR HOUSE.
UM, AND I BASICALLY DID IT BECAUSE MY WIFE WAS IN PHOENIX WITH HER DAD WHO WAS PASSING AWAY.
SHE HAD WANTED IT PAINTED FOR TWO YEARS, AND I DIDN'T THINK ANYTHING WAS, WOULD BE WRONG WITH PAINTING IT.
AND SO I STARTED AND WE WERE, UM, SHE WAS SO HAPPY WHEN SHE GOT HOME.
BUT ANYWAYS, WHEN, WHEN, WHEN WE, WHEN THE CITY, UH, CAME TO OUR HOUSE, WE STOPPED COMPLETELY, BUT WE HAVE 95% OF THE HOUSE PAINTED.
SO WE'VE HAD SINCE OCTOBER HAVE A HALF PAINTED HOUSE, OR NOT HALF PAINTED, BUT THE, THE MAIN THING IS THE PORT RICOCHET THAT'S NOT PAINTED RIGHT NOW.
SO, A LITTLE BIT ABOUT MY FAMILY.
WE'VE BEEN, MY WIFE AND I'VE BEEN MARRIED FOR 30 YEARS, RAISED HER CH CHILDREN IN PHOENIX.
AND THREE OF OUR FOUR CHILDREN CAME HERE TO RUN TRACK AT TEXAS A AND M AND BAYLOR.
AND SO WE'VE BEEN COMING TO TEXAS FOR ABOUT NINE YEARS AND FELL IN LOVE WITH THE STATE OF TEXAS AND, AND DECIDED OUR ARIZONA COMPANY WANTED TO EXPAND.
AND, AND I, I AM KIND OF AN EXPERT AT, IN, UM, THE CONSTRUCTION INDUSTRY.
UM, WE BUILD LUXURY HOMES IN ARIZONA AND HAVE THE LARGEST REMODELING COMPANY THERE AS WELL.
SO OUR LUCK WE'RE, FOR INSTANCE, WE'RE BUILDING A 42,000 SQUARE FOOT HOUSE FOR THE OWNER OF A BIG, UH, TRACK BUILDER.
HE WON'T HAVE HIS OWN PEOPLE DO IT, SO WE DO THAT.
UM, SO WE'VE EXPANDED THE REMODELING COMPANY TO, TO DALLAS.
AND, UH, WE'VE HIRED OUR FIRST EMPLOYEE.
UM, WE'RE SUPPOSED TO HIRE A SECOND BY THE END OF THE YEAR.
SO I'VE GOTTEN A BUSINESS OFF THE GROUND.
UM, AND ALL FOUR OF MY CHILDREN LIVE HERE NOW.
SO IT'S LIKE AMAZING BY THE GRACE OF GOD THAT THEY'RE ALL HERE.
UM, THE DISCLOSURE BY OUR REALTORS, WHEN WE BOUGHT THE HOUSE, WE WERE PUT IN A DISADVANTAGE BECAUSE OF COVID A LITTLE BIT.
SO WE WERE ABLE TO WALK THROUGH THE HOUSE FOR ABOUT FIVE MINUTES WITH BOOTIES, GLOVES, AND A MASK ON.
I DIDN'T WANNA BUY THE HOUSE CUZ IT'S OLD.
UM, AND BECAUSE OF MY EXPERTISE IN THE BUILDING INDUSTRY, I KNEW THAT IT WOULD TAKE A LOT OF MAINTENANCE.
THEIR HOUSES ARE NOT BUILT TO LAST A HUNDRED YEARS.
SO, SO ON MY DISCLOSURE AT CLOSING, IT SIMPLY SAYS, M STREET CONSERVATION DISTRICT.
SO I DID A GOOGLE SEARCH OF IT, AND THE FIRST FIVE PAGES, ALL I COULD FIND WAS, UM, IT WAS, I CAN PUT MY HAT BACK ON IF YOU THINK MY HAIR'S TOO BAD.
UM, THE ONE THAT, THEY'RE THE ONE THAT THEY'RE SIDING IN THE, UM, OH, 25,116 WAS THE ORDINANCE THAT I COULD FIND ON THE INTERNET.
UM, AND BOTH OF OUR REALTORS RECOMMENDED THAT WE PAINT THE HOUSE WHITE.
THE ONLY REASON I DIDN'T DO IT, BECAUSE I WAS SO BUSY TRYING TO BUILD A BUSINESS, AND I JUST SAW THE OPPORTUNITY WHEN MY WIFE'S DAD GOT SICK.
UM, SO WE, I DID IT WHILE SHE WAS OUT OF TOWN.
WE DID PREP WORK ON THE HOUSE FOR AT LEAST A WEEK AND A HALF.
SO MY WIFE HAS A BEEF WITH A NEIGHBOR DIAGONAL TO US.
THIS IS A, THIS IS A, A PROBLEM WITH A NEIGHBOR, AND THAT'S WHY WE GOT TURNED IN.
THERE'S A HOUSE RIGHT DOWN THE STREET FROM US THAT'S BEEN PAINTED, UH, A MONTH AGO.
SO NOBODY TURNED THEM IN, BUT WE GOT TURNED IN.
UM, SO IF YOU GO TO THE DEFINITION OF REMODELING, WHICH IT, IT PERTAINS TO A RESIDENCE, REFERS TO THE PROCESS OF MAKING SIGNIFICANT CHANGES TO THE STRUCTURE, LAYOUT, OR DESIGN OF A HOME.
IT MEANS TAKING OUT WALLS, IT MEANS GETTING ENGINEERING PLANS DONE, SUBMITTING THOSE TO THE CITY.
UM, IN MY 30 YEARS EXPERIENCE, I NEVER SAW, UNLESS IT WAS A HOMEOWNER'S ASSOCIATION, UM, LIKE IN SCOTTSDALE THAT HAD TO BLEND IN WITH THE MOUNTAINS.
WE NEVER REALLY SAW THE NEED FOR A PAINT PERMIT.
SO I NEVER THOUGHT TO GO TO THE CITY AND, AND REQUEST ONE.
SO AS SOON AS, AS SOON AS UH, THE CITY CAME OUT, WE STOPPED WORK, I WENT DOWN, I FILED A PERMIT FOR PAINTING THE TRIM ON THE SECOND STORY.
[01:20:01]
BRICK ON THE BOTTOM STORY.MY, WE HAD A DESIGNER PICK OUT THE PAINT COLORS.
LIKE WE, WE WERE TRYING TO BEAUTIFY THE NEIGHBORHOOD.
SO I MEAN, ACCORDING TO NATIONAL ASSOCIATION OF HOME BUILDERS, THE HARVARD JOINT CENTER FOR HOUSING STUDIES, THEY WERE, THEY DEFINE REMODELING AS ALTERING OR RENOVATING.
THEY DON'T PAINT IS AESTHETICS.
SO WE ARE TRYING TO BEAUTIFY AND INCREASE THE VALUE OF OUR PROPERTY, AND WE'RE, WE'RE STOPPED FROM DOING IT.
THE CITY OF DALLAS, LAST I SAW, DIDN'T PAY 16,000 IN REAL ESTATE TAXES, DIDN'T PAY MY MORTGAGE EVERY MONTH.
THE CITY OF DALLAS SHOULD AT LEAST WORK WITH US TO TRY TO RESOLVE THIS, UM, TOWARD MY HOUSE DOESN'T LOOK SO TO WHERE IT DOESN'T RUIN OUR INVESTMENT.
UM, IF YOU TURN TO EXISTING CONDITION, YOU'LL SEE ON THE LEFT HAND SIDE, UPPER LEFT HAND SIDE, THE PORTA CACHET, THE FRONT OF IT IS NOT PAINTED.
AND THEN UNDERNEATH IT, AND IN BACK OF IT IS, IS NOT PAINT.
AND FROM WHAT I CAN GATHER FROM THE NEIGHBORHOOD PEOPLE, AND BY THE WAY, I HAVE LETTERS FROM EVERY SINGLE NEIGHBOR EXCEPT FOR ONE THAT WANTS TO, WANTS US TO FINISH PAINTING IT.
IT'S NOT SOMETHING THAT THEY, THEY'RE MAD ABOUT.
UM, THEY'RE ACTUALLY EXCITED ABOUT IT.
UM, WHAT I'D LIKE TO DO IS I'D LIKE TO FINISH PAINTING THE BRICK AND LEAVE THE ROCK EXPOSED TO, TO CAPTURE THE ORIGINAL INTENT.
I'M NOT CHANGING THE ARCHITECTURE OF THE BUILDING.
I'M NOT REMODELING THE BUILDING.
I'M SIMPLY PUTTING AN AESTHETIC ON IT.
SO IN THE, IN THE ACTUAL CITATION THAT I GOT OR OR DECLINE, IT SAYS REMODEL, REMODEL, REMODEL.
SO I THINK I'M DISPUTING THIS AT ITS FACE BECAUSE THEY'RE USING LEBRON TERMINOLOGY.
THEY SHOULD SAY, YOU CAN'T PAINT YOUR HOUSE.
AND, AND ALSO TO GO A LITTLE BIT FURTHER, I CALLED AROUND, I DIDN'T WANNA REPRESENT MYSELF HERE.
THIS IS NOT SOMETHING I HAVE TIME FOR, BUT MY, ONE OF THE ATTORNEYS I GOT ON THE PHONE IS, UM, ACTUALLY WROTE THE CODE IN 2002.
SO ANGELA HUNT WROTE THE ORIGINAL VERBIAGE FOR THE CODE FOR CD NINE, WHICH IS OUR NEIGHBORHOOD.
AND I DON'T KNOW HOW I GOT HER ON THE PHONE, BUT SHE, SHE GOES, OH MY GOD, THERE'S, THERE'S NO WAY.
WE DID NOT MEAN FOR THAT TO BE INTERPRETED THAT WAY.
SO WE, WE FEEL LIKE THE BUILDING OFFICIAL OR THE, UM, THE CONSERVATION DISTRICT IS MISINTERPRETING THE ORIGINAL INTENT OF THE CONSERVATION DISTRICT.
UM, THEY HAD A LOT OF COMMUNITY INPUT.
I THINK IT WAS 70% OF THE RESIDENTS, UM, GOT TO BE AT MEETINGS AND TALK ABOUT BEING A, A DISTRICT, A CONSERVATION DISTRICT.
AND SO THERE WAS QUESTIONS ASKED.
SO LIKE, UM, ON THE FREQUENTLY ASKED QUESTIONS ON THE, UM, I LEFT AN ATTACHMENT FOR YOU THERE, BUT THEY HAD, LET ME SEE, I'M NERVOUS TOO, SO SORRY.
I'M GONNA GIVE YOU PLENTY OF TIME.
I WILL HAVE EQUAL TIME TO BOTH SIDES.
JUST STAY, STAY TO YOUR, WHAT YOU'D LIKE TO TELL US.
SO ONE OF THE, UH, QUESTIONS WAS, I'VE HEARD WE WON'T BE ABLE ALLOWED TO PAINT THE BRICK ON OUR HOUSES.
IS THIS TRUE? THIS IS NOT TRUE.
THE ORDINANCE DOES NOT PERMIT OR EVEN ADDRESS PINK WHO'S TALKING RIGHT NOW? YOU SAID THIS FREQUENTLY ASKED QUESTIONS.
THIS WAS THE, WHO'S RESPONDING TO THAT? YES.
THIS IS, UH, THIS IS THE DOCUMENT I'M REFERRING TO, RIGHT? YEAH.
OKAY, SO THIS IS ON PAGE THREE OF THAT.
BUT, BUT WHO'S RESPONDING? UM, DO YOU KNOW WHO'S SAYING YOU IT WOULD PROBABLY BE ANGELA BECAUSE, WELL, IF YOU DON'T KNOW WHO I DON'T KNOW, DON'T, DON'T.
AND, AND DAVE, I THINK IT'S FROM A, IT'S FROM A WEBSITE CALLED M STREETS CD.COM.
I SEE THAT, BUT DO I HAVE A NAME? SEE, I I, I HAVE TO BE CAREFUL ABOUT TAKING CREDENCE ON SOMETHING UNLESS I KNOW WHO, RIGHT.
THERE'S A NAME ON IN THE ANSWER FOR JACK GUERRA AT THE CITY, AND THERE'S A PHONE NUMBER.
WHERE, WHERE, WHERE DO YOU SEE THAT PLEASE? I'M ON PAGE THREE OF FIVE.
I'M LOOKING STREETS CONSERVATION DISTRICT.
WHERE, WHERE DO YOU SEE IT? PAGE THREE.
UM, BUT I DON'T KNOW WHO THIS JACK GUA IS.
HOLD THAT, YOU KNOW, THAT'S JUST SAYING CALL THAT PERSON.
THAT DOESN'T MEAN THAT PERSON IS RESPONDING.
[01:25:01]
ALL RIGHT.THIS IS WHAT THE NEIGHBORS UNDERSTOOD.
THIS PROCESS TO BE, THERE'S NO TAX REASONS WHY YOU WOULD LIVE IN A CONSERVATION DISTRICT.
YOU DON'T GET ANY REDUCTION OF YOUR REAL ESTATE TAXES TO WORK ON THESE OLD HOUSES AND FIX THEM UP.
SO WHAT THIS IS SAYING BASICALLY, IS THAT THEY'RE TELLING PEOPLE, YES, YOU CAN STILL PAINT YOUR HOUSE IF WE BECOME A CONSERVATION DISTRICT.
NOW, THIS, THIS CODE CHANGED IN 2019.
IN 2019, SOMEONE IN OUR NEIGHBORHOOD, I DON'T KNOW WHO IT WAS, OR MAYBE IT WAS IN THE CITY, CHANGED IT TO SAY, YOU CAN'T PAINT YOUR HOUSE.
I COULD NEVER FIND THAT DOCUMENT ONLINE.
SO IT, IT'S BEEN CHANGED, BUT NOT WITHOUT, NOT WITH COMMUNITY INVOLVEMENT.
NONE OF THE NEIGHBORS KNOW ABOUT THIS.
THE REALTORS ARE SHOCKED TO HEAR ABOUT IT.
THE THE FACT THAT WE ARE ADVISED TO PAINT OUR HOUSE BY TWO REALTORS IS TO ME, LIKE IT SHOWS THAT THE, IT'S NOT BEEN CLEAR ENOUGH TO THE COMMUNITY OF DALLAS.
ON WHAT, WHAT, WHAT YEAR DID YOU BUY YOUR HOME? 2020.
AND I THINK THAT RULE WAS CHANGED IN LIKE OCTOBER OF 2019 OR SOMETHING LIKE THAT, OR, I CAN'T REMEMBER.
BUT, UM, I MEAN, OR ORDINANCE 22 89 46 IS ALMOST IMPOSSIBLE TO FIND ON A WEB SEARCH.
UM, THE OTHER THING THAT'S MISLEADING TOO IS, IS LIKE M STREET'S MAGAZINE FEATURES PAINTED HOMES ON MANY ISSUES.
AND OUT OF THE 360 HOMES IN CD NINE, 116 ARE PAINTED.
SO WHY WOULD WE HAVE THE FORESIGHT TO NOT PAINT OUR HOUSE OR TO TRY TO GET A PERMIT FOR IT? UM, D MAGAZINE, I MEAN, ALMOST EVERY IMAGE THAT THEY PUT UP ON THE WEB IS FEATURE THAT FEATURES THE M STREETS IS PAINTED.
AND SO WE WE'RE JUST LOOKING TO FINISH OUR PROJECT AND CONTINUE TO WORK ON OUR HOUSE AND TAKE THE WINDOWS OUT AND HAVE THEM PROFESSIONALLY REDONE.
BECAUSE LITERALLY WHEN WE PAINTED OUR WINDOWSILLS, YOU COULD PULL 'EM APART WITH YOUR HAND BECAUSE THEY WERE SO ROTTED.
SO WE HAD ALL THE WOOD REPLACED ON THE WINDOWSILLS ON ONE SIDE OF THE HOUSE.
AND THAT IS GONNA BE A PROBLEM FOR THAT NEIGHBORHOOD.
IT'S GONNA DECLINE UNLESS YOU ALLOW PEOPLE TO WORK ON 'EM.
SO, UM, AND I COULD TELL YOU FROM EXPERIENCE, WE'VE, WE WORK WITH SOME OF THE TOP DESIGNERS IN, IN DALLAS.
WE WORK WITH THE TOP 10 ARCHITECTS, THE TOP 10 DESIGNERS.
AND THEY, WHEN THEY GO INTO A HOUSE, PAINT HAS A LOT TO DO WITH THE AESTHETIC OF THE HOUSE.
UM, THE ARCHITECTS ARE MORE STRUCTURAL.
SO, UM, YOU KNOW, I ALWAYS ASSOCIATE AN ARCHITECTURAL PROJECT WITH PERMITS AND, AND, UH, PERMISSIONS.
BUT NE IT'S NEVER BEEN THE CASE.
AND WE DO ALL OF OUR WORK IN PRESTON HOLLOW AND HIGHLAND PARK AND UNIVERSITY PARK AND SOME DOWNTOWN CONDOS AND THE HIGH RISES.
BUT, UM, YOU KNOW, IT'S THIS, IT'S, IT WAS HARD FOR US TO, UH, UNDERSTAND UPFRONT TO WHERE WE WOULD NEEDED TO ASK PERMISSION.
BUT WHEN WE WERE ASKED TO STOP, WE STOPPED.
UM, AND SO MY PROPOSAL TO YOU IS TO ALLOW US TO FINISH PAINTING THE BRICK.
WE DIDN'T CHANGE A SCALLOP TRIM AT ALL.
WE JUST PAINTED A DIFFERENT COLOR AND, AND LEAVE THE ROCKS EXPOSED BECAUSE I'VE SEEN OTHER HOUSES IN THE M STREETS AND THEY PAINTED OVER THE ROCK AND IT LOOKS SILLY.
IT'S NOT A CONSISTENT PATTERN.
AND I DO LOVE THE NEIGHBORHOOD AND I DO LOVE THE TUTOR STYLE HOMES, AND I WOULD NEVER WANT TO CHANGE THOSE.
UM, I WOULD IMAGINE WE'D HAVE THIS PROPERTY IN OUR FAMILY FOR A LONG TIME.
UM, AND I, I WANNA LIVE IN IT.
MY WIFE IS AT THE POINT WHERE SHE'S ABOUT READY TO WANNA MOVE AND PUT RENTERS IN THERE.
SO WHAT WE'D LIKE TO AVOID IS TO HAVE, WE WOULD LIKE TO AVOID STRIPPING THE PAINT OFF OF THE HOUSE.
THE TYPE OF BRICK THAT'S ON THE HOUSE IS, HAS A LOT OF CREVICES.
IT'S LIKE A, I DON'T KNOW WHAT HOW YOU WOULD DESCRIBE IT, BUT IT'S GOT LITTLE SLICES IN IT AND THAT PAINT IS, IS IN THERE.
UM, AND WE JUST HAVE A SMALL SECTION IN THE BACK AND THE PORTA CACHE TO ADDRESS.
AND WE'RE JUST GONNA, YOU KNOW, I GUESS JUST CONTEXT AND INTERPRETATION.
UM, I MEAN, THIS IS FROM ANGELA.
FOR EXISTING HOMES BEING REMODELED, WE SIMPLY REQUIRE THAT ANY REMODELING MUST MATCH THE ORIGINAL BRICK AND STONE IN SIZE, COLOR, COURSING TEXTURE, MORTARING, AND JOINT DETAILING.
[01:30:01]
PURPOSES OF THESE PRO PROVISIONS WERE TO ENSURE THAT THE BRICK ITSELF USED IN EITHER REMODEL OR NEW BUILDS WAS SIMILAR TO THE BRICK ON THE ORIGINAL HOME, WHICH I UNDERSTAND.SO, I MEAN, HERE, HERE WE HAVE THE ATTORNEY THAT, THAT'S BEEN ON THE CITY COUNCIL.
SHE'S SAYING THAT IT WAS NEVER SUPPOSED TO, UH, SAY YOU CAN'T PAINT YOUR HOUSE.
YOU STILL HAVE FIVE MINUTES LEFT, SO I'M GIVING YOU THAT.
I CAN'T, I I, YOU CAN HOLD YOUR FIVE MINUTES.
YOU CAN HAVE A, IF YOU WANT TO, I MEAN, I'M, THIS, THIS IS MEANT TO BE STRUCTURED SO THAT IT'S NOT UNLIMITED TIME.
BUT, BUT NOT TO ALLOW YOU, AND THEN THE CITY TO RESPOND IN A STRUCTURE, BUT NOT UNLIMITED TIME.
SO, WELL, I CAN, I CAN GO A LITTLE BIT FURTHER AT THE BOTTOM.
WELL, I'M NOT TELLING YOU TO GO UNLIMITED, I'M JUST SAYING NO, NO, I'M JUST, I'VE GOT ONE MORE SENTENCE.
SO SHE, SHE ACTUALLY TEXTED ME TODAY AND SHE SAID, GOOD LUCK.
SHE'S LIKE, YOU SAID SHE, WHO'S SHE? ANGELA HUNT.
UM, DURING COUNCIL MEMBER HUNT, DURING THE DRAFT, YES, DURING THE DRAFTING OF OUR ORDINANCE, WHICH I INITIALLY PREPARED, WE DISCUSSED THIS POINT AT LENGTH WITH THE CITY STAFF AND CONFIRMED THAT THE FINAL DRAFT OF THE ORDINANCE REFLECTED THIS UNDERSTANDING THAT THE PAINTING OF BRICK WAS NOT PROHIBITIVE.
THAT'S WHY THERE IS NO PROVISION IN THE ORDINANCE THAT ADDRESSES THE PAINTING OF THE BRICK.
SO THAT'S FROM THE AUTHOR OF THE ORDINANCE I YIELD.
UM, MR. GRANT, UH, WE'LL NOW GO THROUGH SOME QUESTIONS FROM THE BOARD.
CONSISTENT WITH OUR RULES, YOU HAVE 20 MINUTES YOU PRESENTED, THEN WE HAVE QUESTIONS.
ARE YOU WANTING TO CALL ANY WITNESSES TODAY? NO.
SO THAT ALLEVIATES ANY CALLING AND OR CROSS-EXAMINATION OR REBUTTAL TO THERE.
AT THIS POINT IN TIME, THE CHAIR WOULD ENTERTAIN QUESTIONS FROM THE BOARD TO THE APPELLANT.
MS. HAYDEN, I HAVE A QUESTION ABOUT YOU.
YOU MENTIONED THAT THE, THIS WAS CHANGED IN 2019, AND THIS MAY BE A QUESTION MORE FOR STAFF THAN TO THE PRESENTER, THEN IT WOULD BE THE APP, THE BUILDING OFFICIAL.
THAT WOULD BE, IT WOULD BE FOR THEM WHEN THEY MAKE THEIR CASE.
BECAUSE IT WOULDN'T BE FOR OUR STAFF HERE.
IT WOULD BE THE BUILDING OFFICIAL STAFF, CORRECT.
WAIT, ATTORNEYS, I'LL WAIT UNTIL THE BUILDING OFFICIALS STAFF SPEAK.
YEAH, IT'S NOT, THAT'S CORRECT.
THE DEVELOPMENT SERVICES STAFF.
I'M NOT IGNORING YOU GUYS, I'M JUST SAYING THAT'S NOT YOUR DEAL TODAY.
SO IT, I THINK THAT'S A RELEVANT QUESTION.
WHEN THE BUILDING OFFICIAL COMES FORWARD, WHAT ARE THE QUESTIONS FOR THE APPLICANT? MR. HALCOMB? OKAY.
UH, I WANNA START FOR A QUESTION FOR OUR STAFF THAT'LL INFORM MY QUESTION TO THE APPLICANT WHAT TO DEVELOP, CORRECT? CORRECT.
SO WITH OUR TYPICAL CASES, THE BURDEN IS ON THE APPLICANT.
IN THE CASE OF THESE APPEALS IS THE BURDEN REMAINS ON THE PERSON APPEALING.
WHO, WHO IS THE BURDEN IN THESE CASES? UM, WELL, I CAN ESPOUSE, BUT I'LL, I'M GONNA ESPOUSE AS THE CHAIRMAN AND THEN I'LL LET THE BOARD ATTORNEY CONFIRM.
THE PERSON APPEALING THE CASE THAT COMES TO THE BOARD.
AM I CORRECT MR. BOARD? ATTORNEY BEHIND ME? CHAIRMAN, THAT'S WHAT WE BELIEVE.
WE'RE DOUBLE CHECKING IN THE CODE REAL QUICK.
TRINA
DON'T WORRY, WE'RE STILL WITH YOU.
MR. UH, SO, SO UNDER, UNDER THE PRESUMPTION THAT, UM, YOU HAVE TO MAKE YOUR CASE IN THE MR. COMB, I THINK WE HAVE A FEEDBACK.
JUST TO CONFIRM WHAT THE CHAIRMAN SAID, THE, THE BURDEN IS ON THE APPELLANT.
SO, UM, WHAT I'M LOOKING AT HERE IN THE CASE OF AN APPEAL IS WE'RE LOOKING TO DETERMINE WHETHER OR NOT THE BUILDING OFFICIAL MADE AN ERROR IN JUDGMENT RELEVANT TO THE CODE.
SO, UM, WHILE THERE'S A LOT OF CONTEXTUAL INFORMATION YOU PROVIDED US, I THINK THE ONLY THING THAT, THAT SPEAKS TO WHAT THE CODE DOES OR DOESN'T SAY, OR SHOULD AND SHOULDN'T SAY, UH, WERE YOUR COMMENTS, UH, FROM FORMER COUNCIL MEMBER HUNT? SO I'M WONDERING IF YOU HAD ANY FURTHER POINTS REGARDING SPECIFICALLY THE CODE WHERE YOU THINK THEY MAY HAVE MADE AN ERROR? MM.
[01:35:18]
SO THEY'RE LUMPING THIS, THIS, UM, DECLINE INTO, UH, NEW, THEY'RE, THEY'RE LUMPING NEW CONSTRUCTION AND WITH REMODELING.SO WHAT ANGELA WAS TELLING ME IS THAT WHAT THEY, WHAT THEY'RE YOU MEAN FORMER COUNCIL MEMBER HUNT? FORMER COUNCIL MEMBER? YES.
FORMER COUNCIL MEMBER HUNT WAS TELLING ME.
UH, THAT'S A GOOD, GOOD POINT.
UM, THAT BECAUSE THEY'RE LUMPING THOSE TWO THINGS TOGETHER AND THEN MISINTERPRETING THEM BOTH.
WELL, NEW CONSTRUCTION, I CAN UNDERSTAND WHY YOU WOULD REPLACE THE SAME BRICK WITH THE SAME BRICK BECAUSE THOSE ARE HIS, ARE GOING TO BE AT SOME POINT HISTORICAL HOUSES.
UM, BUT SHE'S SAYING THAT SPECIFICALLY THE ARCHITECTURAL STANDARDS FROM NEW CONSTRUCTION, LET ME SEE IF IT'S QUOTED IN HERE.
ARCHITECTURAL STANDARDS FOR NEW CONSTRUCTION.
ALL NEW CONSTRUCTION MUST BE BUILT IN A HIGH TUTOR STYLE, MUST BE COMPATIBLE WITH ORIGINAL HOUSES INCLUDING ARCHITECTURAL STYLE, SCALE, MASSING, SETBACKS, COLORS, AND MATERIALS.
SO I CAN'T REALLY, I'M NOT A LAWYER, SO I'M NOT, I'M NOT SURE WHAT YOU'RE TRYING TO GET ME TO GO TO.
UH, YEAH, I'M NOT, NOT SO MUCH LEADING.
I'M JUST LOOKING FOR, YOU KNOW, THE BURDEN OF PROOF ON THE APPLICANT.
I THINK MR. HALCOMB IS, IS TRYING TO NOT TELL YOU, BUT SOLICIT FROM YOU WHERE YOU AS THE APPELLANT HERE, YOU'RE APPEALING A DECISION WHERE YOU SEE THE ERROR IS HE WANTS YOU BECAUSE THAT'S YOUR BURDEN TO DECLARE THE ERROR AND WHY THERE WAS AN ERROR.
THE ERROR IS THAT IT IS NOT CONSTRUCTION, IT IS NOT REMODELING, IT IS PAINTING, AND SOMEONE HAS MISINTERPRETED ALONG THE WAY THE TERMINOLOGY THAT IS IN THE CURRENT SET OF RULES.
UM, MR. CHAIRMAN, IF THIS IS INAPPROPRIATE, CUT ME OFF, BUT I'M READING STRAIGHTFORWARD.
GO AHEAD, MR. HE, UH, TWO POINTS.
NUMBER ONE, IN SECTION SUBSECTION F ONE, IT SAYS REMODELING OF HOUSES THAT ARE IDENTIFIED AS HIGH TUTOR OR TUTOR.
PLEASE TELL ME WHAT YOU'RE READING FROM, UH, THE, FROM THE CODE 28 9 46 SECTION.
IS THAT, HOLD ON ONE SECOND, MR. HOW COME? IS THAT SOMETHING THAT THE APPLICANT GAVE US? IT'S PART OF THE DOCKET.
AND IT IS OUR CODE, SO I GUESS IT'S APPLICABLE WHETHER OR NOT IT'S PART OF THE DOCKET.
I KNOW, BUT I'M, WHICH YOU WANNA ALWAYS BE CAREFUL THAT WE STICK TO EVIDENCE THAT IS PRESENTED BY THE APPELLANT OR THE RESPONDENT.
UH, IT IS 2 0 8 OF THE DOCKET THAT WAS MAILED TO US.
ONE SECOND'S WHERE I'M LOOKING.
SO WE CAN ALL GRAB IT AT THE SAME TIME.
SO, UM, ATTORNEYS, WOULD YOU ZERO IN ON THEY'RE LOOKING FOR IT.
ONE OF THE HANDOUTS THAT HE GAVE THAT YOU GAVE US, OR WAS IT, UM, THIS IS FROM WHAT THE DOCKET THAT WAS MAILED TO US.
UM, IT'S ON PAGE 2 0 8 AND THIS IS EXHIBIT A ATTACHED TO THE DOCKET.
I DIDN'T GET, I DIDN'T SEE IT.
THERE WAS A REVISED DOCKET, SO MAYBE YOU PRINTED THE ORIGINAL.
I'M PRETTY SURE I DON'T HAVE IT.
SO I'M GONNA, WE'RE GONNA, WE'RE GONNA HOLD FOR A SECOND.
I SEE YOU, YOU ARE ALWAYS GOOD IN THESE QUESTIONS HERE THAT, THAT THROWS US, BUT THAT'S OKAY.
LET'S SEE IF OUR, OUR ATTORNEYS WILL JUST HOLD ONE SECOND.
[01:40:01]
I'M ANNOYING ENOUGH TO READ EVERY WORD OF THESE.ARE YOU GONNA READ SOMETHING LONG OR ARE YOU JUST GONNA READ IT? IT'S FAIRLY SHORT, BUT I DON'T WANT US GRASPING AFTER I READ IT, SO I'LL BE PATIENT UNTIL WE'RE READY.
LET'S VERIFY THE BOARD SECRETARY AND EMERITUS ATTORNEY ARE IN, ARE IN SYNC.
HE'S GONNA READ SOMETHING THEN ASK YOU A QUESTION.
I HAVE SENSE, BUT WE'RE, WE'RE, THIS IS WHY WE KEEP HIM AT THAT END OF THE, OF THE DIAS.
LAWRENCE, I WILL ENDEAVOR TO TAKE IT AS ONE.
SO, UH, IT SHOULD BE UP ON THE BOARD THERE.
I'M LOOKING AT F1 APPLICABILITY AND IT SAYS REMODELING.
MARY, WOULD YOU ENLARGE THAT SO I CAN IN MY YOUNG YOUTHFUL EYES CAN SEE IT AGAIN? THANK YOU.
ALL RIGHT, NOW GO AHEAD SLOWLY, MR. OKAY.
AND JUST, YOU'RE READING WHAT'S ON OUR SCREEN AND WHAT'S IN, IN THE CHAMBERS TWO, CORRECT.
F F1 AT, UH, APPLICABILITY REMODELING OF HOUSES THAT ARE IDENTIFIED AS HIGH TUTOR OR TUTOR COLLEGE.
UH, COTTAGE AND EXHIBIT B MUST COMPLY WITH THE STANDARDS FOR NEW CONSTRUCTION AND STANDARDS CONTAINED IN THIS SECTION.
SO THAT, UH, SAYS THAT REGARDLESS OF WHETHER IT'S NEW CONSTRUCTION OR REMODEL HAS TO COMPORT TO THE NEW CONSTRUCTION RULES.
UH, IS THAT A QUESTION OR A STATE? IT'S, IT'S PART ONE OF THE LEADING TO THE QUESTION.
UH, PART TWO IS, IS THAT IT DEFINES REMODEL AS, UM, INCLUDING PAINTING.
UH, IN THE, IN THE BEGINNING OF THE DOCUMENT IT SAYS REMODEL.
AND I'LL READ IT JUST FOR, SO IT IS ITEM DD AND THE DEFINITIONS AS IN DELTA DELTA REMODEL MEANS IMPROVEMENT OR REPAIRS THAT CHANGE THE APPEARANCE OF THE MAIN STRUCTURE OR REPLACE, UH, ORIGINAL MATERIALS OF THE MAIN STRUCTURE WITH ANOTHER MATERIAL.
SO CHANGING THE APPEARANCE, PAINT, REMODEL UNDER THE CODE.
MY, MY POINT WAS TO THAT, UM, AESTHETICS ARE INCLUDED IN THE DEFINITION OF REMODEL.
UNLESS YOU'RE LEADING IS SOMEWHERE I, I, I'M, YEAH, THAT'S PART TWO OF GO AHEAD OF THE SETUP AND THEN HERE COMES THE QUESTION.
SO THEN IF I GO TO THE NEW CONSTRUCTION STANDARDS, I AM READING A BUNCH OF, UM, CLAUSES HERE.
I'M GETTING OVER TO THAT SECTION NOW.
MR. ATTORNEY E THE PROBLEM IS, IS I'M HAVING TO, I ONLY HAVE ONE SCREEN MYSELF HERE.
SO HERE'S THE AR ARCHITECTURAL STRUCTURES, UH, STANDARDS FOR NEW CONSTRUCTION.
SO TWO OH, BOTTOM OF 2 0 4 GOING INTO 2 0 5.
SO IT SAYS, UM, THIS, THE STYLE MUST BE, UH, IN THE HIGH TUDOR STYLE AND IT, AND THEN IT GOES ON TO SAY ALL THESE MATERIALS.
I DON'T WANNA READ IT ALL INTO THE RECORD, BUT ANYWHERE IN THIS HIGH TUDOR SECTION, DO YOU SEE ANYTHING THAT REFERS TO PAINT? THAT'S MY QUESTION.
YOU CAN GO AHEAD AND ANSWER THE QUESTION.
THE, THE QUESTION IS NO, THE WORD PAINT DOES NOT APPEAR IN THERE.
I SEARCHED FOR THE WORD PAINT IN THE ENTIRE DOCUMENT.
IT DOES NOT APPEAR IN THE HIGH TUDOR SECTION.
IT, IT DOES SAY, UH, FOR THE TRIM, UH, CORRECT, CORRECT.
I'M, I'M TALKING ABOUT SPECIFICALLY IN REFERENCE TO BRICK.
SO YOUR QUESTION TO THE APPLICANT IS, IS THERE A PROHIBITION WITHIN THE ORDINANCE THAT YOU BROUGHT UP THAT PROHIBITS PAINTING BRICK? IS THAT WHAT YOUR QUESTION? THAT, THAT IS THE SHORT FORM OF MY QUESTION.
AND THE, AND YOUR YOUR ANSWER TO THAT QUESTION, SIR.
WAS THAT WHAT YOU WOULD, YOU WANTED TO BRING TO THE ATTENTION TO THE BOARD? SO WOULD YOU SAY THAT PERHAPS THE MISTAKE MADE IS THAT THERE IS NO PROHIBITION AGAINST PAINT LISTED IN THE HIGH TUTOR SECTION? YES.
IT WAS A GREAT EXERCISE IN TECHNOLOGY AND CIVICS IN OUR ORDINANCE.
OTHER QUESTIONS? YES, MS. HAYDEN.
I'VE GOT MS. HAYDEN THEN MR. NE, MS. HAYDEN, UH, I GUESS ANOTHER QUESTION I HAVE IS WITH, UH, FROM, FROM WHAT I HEARD, AND LET ME JUST CORRECT ME IF I'M WRONG,
[01:45:01]
EARLIER WHAT YOU SAID ABOUT PAINT SHOULD NOT BE CONSIDERED REMODELING.UM, IN YOUR EXPERIENCE, YOU SAID THAT, THAT YOU'VE NEVER SEEN A SITUATION WHERE A REMODEL IS PAINT, SO THAT PAINTING YOUR BRICK SHOULD NOT BE CONSIDERED A REMODEL.
IN FACT, IN IN WHICH CASE IT WOULDN'T EVEN APPLY THIS, THIS CODE.
IS THAT, IS THAT WHAT YOU WERE? THAT'S CORRECT.
SO IF WE DO A JOB FOR AMY'S INTERIORS, SHE'S GONNA HAVE A PAINT SCHEDULE.
SHE'S GONNA HAVE, UH, A FLOORING COLOR.
SHE'S GONNA HAVE COLORS PICKED OUT.
SHE'S A DESIGNER, SO SHE'S GONNA CHANGE THE AESTHETIC OF THE HOUSE AND MAKE IT LOOK CUTE.
BUT THERE'S NO WALLS COMING OUT.
THERE MIGHT BE A LITTLE BIT OF ELECTRICAL, UM, IF SHE WANTS SOME MOOSE SCOS OR SOMETHING LIKE THAT, BUT IT'S ALL AESTHETICS.
IF IT'S BERNAL MAGINI, THEY'RE GONNA HAVE AN ENGINEERING PLAN.
THEY'RE GONNA HAVE STAMPED ENGINEERING DRAWINGS FOR US.
THEY'RE GONNA HAVE THINGS THAT WE TAKE TO THE CITY TO GET 'EM APPROVED.
THAT, THAT ANSWERED MY QUESTION.
AND THEN MS. DAVIS, MR. NE, THANK YOU, MR. CHAIRMAN.
UH, THANK YOU FOR PROVIDING THE, THE EMAIL COMMUNICATION FROM ANGELA HUNT.
FORMER COUNCIL MEMBER, I'M SORRY, FORMER COUNCIL MEMBER MEMBER ANGELA HUNT.
UM, I DO HAVE A COUPLE OF QUESTIONS, AND I THINK THEY ARE RELEVANT BECAUSE I MYSELF AM AM A LICENSED REALTOR, UM, DURING THE ESCROW PROCESS, UM, DID YOUR REALTOR MAKE YOU AWARE THAT, UH, PROPERTY YOU WERE PURCHASING WAS IN A CONFERENCE CONSERVATION DISTRICT? IT, IT DID, IT SAID IN OUR, OUR DISCLOSURE DOCUMENTS, IT SAID AM STREET.
THAT, THAT WASN'T MY QUESTION.
MY QUESTION IS, DID YOUR REALTOR AT ANY TIME TELL YOU, EITHER VERBALLY OR IN WRITING THAT THE PROPERTY THAT YOU WERE CONSIDERING PURCHASING WAS IN A CONSERVATION DISTRICT? YOU DID, YES.
AND ALSO, UM, HERE ON YOUR PACKET, YOU, UH, MENTIONED THE SELLER'S DISCLOSURE NOTICE AT CLOSING, UM, AS A REALTOR, I CAN TELL YOU THAT, UH, THIS DOCUMENT IS USUALLY PRESENTED VERY EARLY IN THE ESCROW, UH, PROCESS.
AND, UH, SO YOU WILL HAVE KNOWLEDGE OF THE, THAT THE PROPERTY WAS IN FACT IN THE M STREET CONSERVATION DISTRICT WELL BEFORE CLOSING.
IS THAT CORRECT? THAT'S CORRECT.
UH, TH THIS MAY BE A QUESTION FOR MR. HOLCOMB.
I'M NOT SURE I, I'M GOING THROUGH, I I'M NOT SEEING ANY REFERENCE TO PAINT EITHER.
UM, DID W DID YOU, IS THERE A STANDARD DEFINITION FOR REMODELING? SO IN THE DOCUMENT, HOLD ON ONE SECOND.
SO I'M GONNA ALLOW ME ENTERTAIN, YEAH.
IS THERE A CITY DEFINITION? DOES THE CITY HAVE A DEFINITION FOR REMODELING, I THINK IS WHAT'S RELEVANT? NO.
OUR ATTORNEY'S HAVING HEARTBURN.
WELL, THAT'S, SO, SO I THINK, I THINK WHAT WOULD BE RELEVANT IS DOES THE CITY OF DALLAS BE BY CODE OR BY ORDINANCE? UH, OR BY THE CONSERVATION DISTRICT? DEFINE THAT.
DOES IT HAVE TO BE THE CITY? WHAT THE CODE ACTUALLY DOES DEFINES IT? THAT WAS WHAT I READ, YES.
MS. DAVIS, YOUR QUESTION, THE ATTORNEYS ARE, UH, QUESTIONS SHOULD ALWAYS BE DIRECTED TO THE CHAIR, TO THE CHAIRMAN, OR TO THE APPLICANT THROUGH THE CHAIRMAN.
SO YOUR QUESTION TO ME IS, DOES THIS, GO AHEAD.
DOES THE CITY GO AHEAD, MS. DAVIS.
I, I, I'M TRYING TO FIND THE, THE, THE TRUE DEFINITION OF REMODELING SINCE I'M NOT SEEING ANY REFERENCE TO PAINTING IN THIS DOCUMENT.
SO IF YOU HOLD THAT IN BAND, SO I WILL GO TO MY ATTORNEYS FOR A SECOND.
IS THERE A DEFINITION IN THE CODE IN THE CONSERVATION DISTRICT ORDINANCE OR ELSEWHERE THAT ANSWERS MS. DAVIS'S QUESTION? YES, MR. CHAIRMAN, IT'S THE ONE THAT MR. HALCOMB HAD POINTED ON THE SCREEN EARLIER, AND I CAN READ IT SO THAT WE DON'T HAVE IT.
AND I IS IN YOUR INTERPRETATION, IS OUR BOARD ATTORNEY ATTORNEYS, DOES IT HAVE REFERENCE TO PAINTING THE WORD PAINTING OR PAINT? CHAIRMAN, I WILL READ THE DEFINITION.
OH, AND THEN IT'S FOR US TO DETERMINE THEN I, I DON'T WANNA PUT MY THUMB ON THE SCALE'S SCALE FOR EITHER SIDE'S.
SO FOR THE, UH, M STREET CONSERVATION DISTRICT REMODEL MEANS THE IMPROVEMENT OR REPAIRS THAT CHANGE THE APPEARANCE OF THE MAIN STRUCTURE OR REPLACE ORIGINAL MATERIALS ON THE MAIN STRUCTURE WITH ANOTHER MATERIAL.
I REMEMBER MR. HOLCOMB HAD US THROUGH MS. MARY, GO THROUGH A SECTION THAT DEF DEFINED MATERIALS.
AND IF I RECALL WHAT WAS ON OUR SCREEN MATERIALS DID NOT REFERENCE ANYTHING OF PAINT OR PAINTING.
BUT IT'S UP TO US IN THE END TO HAVE AN INTERPRETATION.
WE'RE JUST TRYING TO ANSWER YOUR QUESTION.
[01:50:01]
UH, SO MR. CHAIRMAN, WE HAVE TO DETERMINE IF WE THINK MATERIALS INCLUDES PAINT.THE QUE IF IT'S IMPLICIT, IT'S OUR DETERMINATION.
IF IT'S EX EXPLICIT, WELL, THAT SHOULD BE MORE DETERMINATIVE.
RIGHT? THE STANDARD FOR THIS BODY IS WHETHER THE ADMINISTRATIVE OFFICIAL AIRED WHEN THEY DENIED THE CERTIFICATE OF APPROPRIATENESS WHEN THEY WERE INTERPRETING, INTERPRETING THE CONSERVATION DISTRICT NUMBER NINE REGULATIONS.
SO WE'RE NOT AT CONCLUSION YET.
WE HAVEN'T HEARD FROM THE BUILDING OFFICIAL YET.
WE'RE STILL IN THE DISCOVERY STAGE.
WE'RE, WE'RE HEARING FROM THE APPLICANT, AND WE'RE TRYING TO TAKE A DEEP DIVE INTO WHAT THE CODE SAYS.
SO THE CONSERVATION CONSERVATION DISTRICT SAID, I THINK THESE ARE STILL RELEVANT QUESTIONS FOR THE BUILDING OFFICIAL.
SO I, I DON'T THINK WE HAVE TO ANSWER THAT YET.
I WOULD, I WOULD ASK THAT YOU REDIRECT THESE QUESTIONS TO THE BUILDING OFFICIAL WHEN THEY COME UP.
IS THAT A REASONABLE SUGGESTION? OKAY.
AND THE ATTORNEYS ARE BEING CAREFUL NOT TO BE DEFINITIVE.
THEY'RE JUST READING BACK WITH OUR RULES.
WHAT OTHER QUESTIONS FOR THE APPLICANT? I HAVE A FEW.
WE APPRECIATE YOU COMING TO DALLAS AND BUILDING OR, AND, AND PURCHASING, LIVING, PAYING TAXES, EMPLOYING ALL.
UH, SOME OF THE QUESTIONS THAT CAME TO YOU BY MEMBER NA WENT TO, WERE YOU AWARE THE CONSERVATION DISTRICT AT THE TIME YOU PURCHASED THE HOME, PART OF THE EVIDENCE THAT YOU PROVIDED US SAID THAT IN YOUR OWNER'S DISCLOSURE, M STREET CONSERVATION DISTRICT, WHICH MEANS IT'S INCUMBENT UPON YOU REGARDLESS OF HOW TOUGH IT IS TO COME UP TO BE AWARE OF THE RULES.
I'M JUST SAYING THAT FROM A GOING FORWARD STANDPOINT, THAT'S, I'VE LIVED IN SOME, I'VE LIVED IN AND NOT IN OTHERS, AND I KNOW WHAT ONE IS LIKE, AND I ONE, ONE IS NOT LIKE, SO, UM, THAT BURDEN IS YOURS PRIOR TO YOU CLOSING, BECAUSE, ESPECIALLY SINCE IT WAS ON YOUR DISCLOSURE.
UM, I DON'T KNOW ABOUT THE CHANGING OF THE ORDINANCE DATE.
YOU SAID THAT YOU PURCHASED IN 2020, THE ORDINANCE WAS CHANGED IN 2019.
THAT ALMOST SAYS YOU SHOULD HAVE KNOWN IT.
BUT I'M GONNA ASK THAT QUESTION OF THE, THE BUILDING OFFICIAL ABOUT THE TIMING OF THE ORDINANCE.
THAT'S NOT APPROPRIATE FOR YOU, BUT IT WILL BE TO THE CITY STAFF.
BUT IT SEEMS A LITTLE STRANGE THAT YOU'RE ADMITTING THAT THE ORDINANCE WAS CHANGED BEFORE YOU BOUGHT THE PROPERTY.
WHAT'S THAT? WE FOUND THAT OUT DURING THE, THE INVESTIGATE DURING ME DIGGING INTO THIS, YES.
AFTER THE FACT WHEN WE WERE ASKED TO STOP PAINTING.
THE WHOLE ISSUE OF, OF PAINT OR NOT PAINT IS, WELL, WE'RE STILL GELLING ON WHAT OUR INTERPRETATION IS, AND I CAN'T, THIS ONE MEMBER CAN'T DEDUCE THAT YET UNTIL I HEAR THE OTHER SIDE.
BUT IT DOES SOUND LIKE YOU, YOU WERE AWARE THAT THE, OR THAT, THAT YOU WERE AWARE OF A M THE M STREET CONSERVATION DISTRICT.
UM, DID YOU REFERENCE IN HERE REMODELING VERSUS AESTHETICS? THAT'S WHY I ASKED OUR ATTORNEYS WHAT THE DEFINITION OF MODELING IS.
QUITE HONESTLY, IN THE END, IT DOESN'T MATTER WHAT THE NATIONAL ASSOCIATION OF HOME BUILDER SAYS.
WHAT MATTERS IS WHAT'S IN THE ORDINANCE.
SO THAT'S REALLY WHAT WE SHOULD BE GUIDED TO IN THE END ABOUT WHAT TRIGGERS, WHAT THINGS, UH, WE'RE FACT FINDING, AND THEN WE MAKE A JUDGMENT BASED ON THE FACTS, IS WHAT WE'RE TRYING TO DO.
UM, UH, COUPLE OTHER QUESTIONS.
YOU SAID THAT YOU STOPPED WORK.
YOU WERE, YOU WERE GIVEN A STOP WORK ORDER IN OCTOBER OF THIS YEAR, OF LAST YEAR.
YET YOUR APPLICATION TO THIS BOARD IS IN MARCH.
TELL ME WHAT HAPPENED BETWEEN OCTOBER AND MARCH.
WE WERE TOLD TO FILL OUT THE PAPERWORK AND WE HAD SOME TROUBLES CONNECTING WITH, UH, THE CORRECT PERSON AND FINALLY DIAL SO HELP, SO HOLD ME.
ONE OF THE THINGS WE'RE TRYING TO DO IS MAKE SURE THAT THE CITY AND THE, AND THE DEPARTMENTS ARE, AS IT RELATES TO OUR SCOPE BOARD OF ADJUSTMENT, THE PROCESS IS WORKING.
THIS SAYS THAT ON THE 7TH OF MARCH, SAYS ON THE 7TH OF MARCH, YOU APPLIED TO THE BOARD OF ADJUSTMENT MARCH 7TH.
OCTOBER TO NOVEMBER TO DECEMBER TO JANUARY TO FEBRUARY TO MARCH IS FIVE MONTHS.
IT TOOK YOU FIVE MONTHS TO APPLY.
I'M WONDERING WHY WOULD IT TAKE SO LONG? UH, WE, WE COMMUNICATED WITH DIANA'S BY, UH, DIANA'S OFFICE AND THEN DIDN'T HEAR RESPONSE BACK FOR A PERIOD OF TIME.
AND THEN I, AND THEN SHERRY, WHO'S THE, UM, SHE'S THE, UM, CODE COMPLIANCE PERSON.
SHE REACHED OUT TO ME AND I SAID, I HAVEN'T HEARD BACK.
UM, AND THEN SHE SAID, WE'LL SEND HER ANOTHER ONE.
THEY HAD TO RESET SOMETHING, UM, WITH
[01:55:01]
THE CITY, LIKE THEY HAD TO, UM, ISSUE THE DENIAL AGAIN OR SOMETHING LIKE THAT TO RESET THE CLOCK FOR ME.WELL, SEPARATE AND ASIDE FROM OUR ADJUDICATION TODAY, I'M VERY CONCERNED BECAUSE I HAVE ON HERE A COPY OF A LETTER DATED MARCH 13TH.
SO THAT'S STRANGE ALSO BECAUSE YOUR APPLICATION TO US IS DATED MARCH 7TH, YET THE DENIAL WAS MARCH 13TH.
THEY ASKED ME TO REAPP THEIR, THEY HAD TO REAPPLY THE TIME LIMIT TO, TO DO THIS BECAUSE WE WENT PAST, BUT I HAD ALREADY REACHED OUT.
SO WE'RE WAITING FOR A RESPONSE.
AND SO THEY HAD TO RESET THE CLOCK.
THAT'S WHY THAT, OKAY, MATT, I HAVE GRAVE CONCERNS ABOUT THAT BECAUSE I'M VERY SENSITIVE TO HOW MUCH TIME IT TAKES A PROPERTY OWNER TO GET A DECISION.
AND THAT IS VERY IMPORTANT TO ME AND TO OUR BOARD TO MAKE SURE YOU GET A DECISION IN A REASONABLE TIME PERIOD.
YOU'RE SUPPOSED TO GET A DECISION WITHIN 60 DAYS OF YOU APPLYING.
SO WAS THE FIRST TIME YOU EVER FILLED OUT AN APPLICATION YES.
YOU DIDN'T FILL IT OUT BEFOREHAND, BACK IN OCTOBER, NOVEMBER.
NO, YOU DIDN'T KNOW HOW TO DO IT.
SO, BUT, BUT I HAVE TO SAY, THE CITY OFFICIALS HAVE BEEN WONDERFUL TO WORK WITH.
I, UH, THEY ARE, BUT I'M VERY CONCERNED THAT YOU HAD AN ISSUE, A STOP ORDER IN OCTOBER, AND YET YOU DIDN'T START THE APPEAL PROCESS UNTIL MARCH.
THAT, THAT, THAT DOESN'T SQUARE WITH ME.
WHAT'S THAT? I'M A PATIENT PERSON.
AND SEPARATE FROM HOW WE HANDLED THIS, I'M GONNA BACKTRACK WITH WHAT'S GOING ON AS FAR AS THE TIMELINESS.
I JUST FOUND THAT GAP IN TIME.
UM, WE WILL ASK THE CITY STAFF AS IT RELATES TO ORDINANCE 2 89 46, WH WHEN THAT WAS LAST AMENDED AS FAR AS WHEN AND WHERE IT PROHIBITS PAINTING OR PAINTING A BRICK OR NOT.
CUZ YOU'VE BROUGHT THAT UP AS A QUESTION.
UH, I'M JUST TRYING TO GO TO RESPOND TO YOUR, YOUR POINT.
UM, UNFORTUNATELY FOR US, THE REASONING AS TO WHY YOU PAINTING FOR SPOUSE OR FAMILY OTHERS IS NOT RELEVANT TO THE CRITERIA THAT WE USE.
WE'RE GOING, WE'RE JUDGING WHETHER THE BUILDING OFFICIAL LOOKED AT THE ORDINANCE AND THE CODE AND THEY APPLIED THAT CORRECTLY OR NOT.
AND THAT'S THE LANE WE HAVE TO STAY IN THAT, THAT LANE THERE.
SO I APPRECIATE ALL THIS AND YOUR NEIGHBORS AND SO FORTH, BUT IN THE END, THAT'S, THAT'S THE LANE WE'RE LOOKING AT.
UM, LET ME ASK YOU THIS QUESTION.
IN YOUR OPINION, YOU'RE AN APPLICANT HERE, YOU LIVE, YOU'VE LIVED ON THIS STREET FOR HOW LONG? UH, ALMOST THREE YEARS.
HAVE OTHER HOUSES ON YOUR STREET HAD THEIR BRICK PAINTED? YES.
1, 2, 5 HOUSES, UH, SINCE THAT RULE CAME OUT, THERE'S BEEN PROBABLY THREE THREE HOUSES.
UH, I'M NOT SURE ON MORNING SIDE, NO ONE FOR SURE ON MORNING SIDE TWO ON MORNING SIDE.
UM, AND ONE OF 'EM MIGHT HAVE GOTTEN IN RIGHT BEFORE.
IT CHANGED, BUT IT'S JUST A NEIGHBOR.
THAT'S I, I, I GET YOU TOTALLY GET, TOTALLY GET YOU.
I'M GONNA GET TO THE BOTTOM OF THE TIMING ISSUE, SEPARATE AND ASIDE FROM THIS HEARING.
UM, ANY OTHER QUESTIONS? ALL RIGHT.
SO YOU CAN GO AHEAD AND SIT DOWN FOR A SECOND.
UH, YOUR PORTION IS OVER FOR RIGHT NOW.
WE, WE MAY COME BACK WITH QUESTIONS FOR YOU.
UM, CONSISTENT WITH OUR RULES, UM, THE, OUR RULES IS THE, UH, APPELLANT STARTS FIRST, UH, IS GIVEN 20 MINUTES, AND THEN, UM, AFTERWARDS THE ADMINISTRATIVE OFFICIAL, UH, IS ALLOWED TO DO THE SAME 20 MINUTES, CALL WITNESSES AND CROSS-EXAMINE, UH, WHO'S HERE REPRESENTING THE CITY.
IF YOU TURN YOURSELF ON, UM, OUR BOARD SECRETARY IS GONNA SWEAR YOU IN AND GIVE US YOUR NAME AND YOUR ADDRESS.
UM, AND THEN WE'LL, WE'LL, YOUR 20 MINUTE CLOCK PLUS OR MINUS.
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.
I AM AN ASSISTANT CITY ATTORNEY IN THE LITIGATION DIVISION OF THE CITY ATTORNEY'S OFFICE.
MY BUSINESS ADDRESS IS 1500 MARILLA STREET, SUITE SEVEN D E N.
JUST FOR THE RECORD, YOUR TIME HASN'T STARTED YET.
UH, WE WERE GIVEN, I'M DISCLOSING THIS TO THE BOARD.
WE WERE GIVEN TWO HANDOUTS ON BEHALF OF YOUR SIDE.
ONE THAT SAYS ORDINANCE 2 8 9 46, SINGLE PAGE,
[02:00:01]
AND THE OTHER ONE THAT SAYS, BOARD OF ADJUSTMENT PENK MAY 12TH, ANOTHER DOCUMENT STAPLED.I'M NOT SURE WHICH, UH, WHICH DOCUMENTS YOUR STAFF BEHIND YOU GAVE THOSE TO US.
JUST WANTED THE I DID NOT RECEIVE A COPY OF THEM.
DID YOU NOT WANT US TO HAVE THEM? UH, UH NO.
YOU, YOU ARE CERTAINLY WELCOME TO HAVE THEM.
I'M WITH THE CONSERVATION DISTRICTS.
I PRINTED THOSE OUT IN RESPONSE TO MR. NE'S INABILITY TO CLOSER TO THE MICROPHONE.
I PRINTED THOSE OUT, UH, DURING THE BREAK DUE TO, UH, MR. MARY'S INABILITY THIS MORNING TO, UH, HIS IPAD TO BRING UP THE DOCKET.
SO I WANTED TO MAKE SURE THAT Y'ALL HAD ALL OF THE MATERIALS NECESSARY.
JUST SO THAT YOU'RE AWARE, WE ARE IN POSSESSION OF THESE, AND I ASSUME MS. MARY, YOU HAVE A COPY OF THIS TOO, FOR THE RECORD.
SO WE NEED, WE'LL MAKE SURE THAT OUR BOARD SECRETARY HAS THAT, DOES ANYTHING THAT COMES TO US HAS TO BE IN THE RECORD.
ALL RIGHT, MS. RODRIGUEZ, YOU MAY PROCEED.
UH, AS, AS I SAID, I'M STACEY RODRIGUEZ.
I'M HERE REPRESENTING THE BUILDING OFFICIAL.
UM, THIS IS AN ISSUE OF SIGNIFICANCE TO THE CITY'S ARCHITECTURAL HERITAGE AND THE PRESERVATION OF CONSERVATION DISTRICTS.
THE MATTER AT HAND, AS YOU'VE HEARD, INVOLVES AN APPEAL OF THE BUILDING OFFICIALS DECISION PERTAINING TO THIS RESIDENCE AT 55 19 MORNINGSIDE IN CONSERVATION DISTRICT NINE.
I'M GOING TO ADDRESS IN MY PRESENTATION SOME OF THE QUESTIONS THAT THE BOARD MEMBERS RAISED DURING THE APPLICANT'S PRESENTATION.
AS YOU'VE HEARD, THIS RESIDENCE IS A HIGH TUTOR, UH, HOUSE.
IT WAS CONSTRUCTED IN 1928 AND WAS PREVIOUSLY UNPAINTED.
THE BUILDING OFFICIAL DENIED THE APPLICANT'S APPLICATION, UH, TO PAINT THE PREVIOUSLY UNPAINTED BRICK BECAUSE THE PROPOSED WORK DID NOT MEET THE STANDARDS FOR A REMODEL OF A HIGH TUTOR RESIDENCE IN THE CONSERVATION DISTRICT.
THE DENIAL LETTER WAS SIGNED BY THE BUILDING OFFICIAL, AND A LETTER WAS SENT TO THE HOMEOWNER DATED MARCH 13TH, 2023.
IT WAS SIGNED BY THE CHIEF PLANNER, TREVOR BROWN.
BUT MELISSA PARENT FROM THE CONSERVATION DISTRICT IS HERE AND WILL BE ABLE TO ANSWER ANY QUESTIONS THAT YOU ALL MIGHT HAVE.
THE HOMEOWNER IS SEEKING, FROM WHAT WE UNDERSTAND, A SPECIAL EXCEPTION TO FINISH THE PAINTING, STRIP ANY ROCK THAT HAS ALREADY BEEN PAINTED AND REPAINT AS NECESSARY AS MR. GRANT JUST EXPLAINED.
AND THE REASONS THAT WERE PROVIDED IN HIS APPLICATION WERE NON-DISCLOSURE OF THE CONSERVATION DISTRICT RULE, UH, A PERCEIVED LACK OF ACCESS TO THE CITY CODE AND AN ALLEGED MISINTERPRETATION OF THE CONSERVATION DISTRICT ORDINANCE.
WHAT I WILL SUBMIT TO YOU IS THAT THE BUILDING OFFICIAL'S DECISION WAS CORRECT AND WAS MADE IN ACCORDANCE WITH THE CITY'S LEGAL AND REGULATORY FRAMEWORK FOR THE CONSERVATION DISTRICT.
FIRST OF ALL, TO ADDRESS THE CLAIM THAT, THAT THE, THE RULE WAS NOT DISCLOSED TO THE HOMEOWNER.
UH, I WOULD SUBMIT THAT THAT ARGUMENT JUST DOES NOT HOLD WATER.
UM, PARTIES ARE PRESUMED TO KNOW THE LAW IN THE STATE OF TEXAS, AND THAT IS TRUE ALSO FOR A CITY'S ORDINANCES.
WITH RESPECT TO NOT BEING ABLE TO FIND THE CONSERVATION DISTRICT ORDINANCE, THE CITY HAS TAKEN AMPLE MEASURES TO MAKE SURE THAT ITS ORDINANCES ARE TRANSPARENT AND ACCESSIBLE.
THIS CODE, INCLUDING THIS CONSERVATION DISTRICT ORDINANCE, IS AVAILABLE ON THE CITY'S WEBSITE.
IT WOULD'VE BEEN AVAILABLE TO THE HOMEOWNER IN AN OPEN RECORDS REQUEST.
IT WOULD'VE BEEN SENT TO HIM HAD HE REQUESTED IT FROM CITY STAFF.
AND IT IS ALSO AVAILABLE ON A GOOGLE SEARCH.
THAT'S HOW I FOUND IT WHEN I FIRST LOOKED FOR IT.
HERE, THE ONUS IS ON THE HOMEOWNER TO SEEK OUT AND UNDERSTAND THE CITY'S REGULATIONS BEFORE BEGINNING ANY ALTERATION TO THE PROPERTY.
YOU HEARD MR. GRANT SAY, UH, IT WAS DISCLOSED TO HIM, UM, IN HIS, UM, SELLER'S DISCLOSURES AND BY THE REALTOR THAT THIS PROPERTY WAS IN A CONSERVATION DISTRICT TO ADDRESS THE ORDINANCE.
UM, THE BUILDING OFFICIALS INTERPRETATION IS CORRECT, AND IT HAS BEEN CONSISTENTLY APPLIED IN THIS CONSERVATION DISTRICT.
IT IS IN LINE WITH THE LANGUAGE AND INTENT OF THE ORDINANCE.
THE ORDINANCE AIMS TO PROTECT AND ENHANCE THE NEIGHBORHOOD'S SIGNIFICANT ARCHITECTURAL AND CULTURAL ATTRIBUTES.
[02:05:01]
AND THAT INCLUDES ENSURING THAT REMODELING IS DONE IN A MANNER THAT IS COMPATIBLE WITH THE ORIGINAL STYLES IN THE DISTRICT.PAINTING THE EXTERIOR BRICK OF A HIGH TUTOR RESIDENCE IS NOT COMPATIBLE WITH THE DISTRICT'S, UH, STANDARDS AND GUIDELINES.
YOU HAD SOME QUESTIONS ABOUT THE CD NINE ORDINANCE.
UH, ORDINANCE NUMBER 2,516, WHICH WAS THE ORIGINAL CONSERVATION DISTRICT ORDINANCE, IT WAS ENACTED IN 2002.
THE AMENDED ORDINANCE, WHICH IS 2 89 46, WAS AMENDED IN 2013.
THE RELEVANT PROVISIONS RELATING TO REMODELING AND COMPATIBILITY WERE NOT CHANGED.
THEY ARE THE SAME IN THE ORIGINAL ORDINANCE AND IN THE AMENDED ORDINANCE.
I'M GONNA HAVE YOU, AND THIS WON'T COME AGAINST YOUR TIME, WHAT YOU'RE SAYING THAT IS, THE APPLICANT SAID IT WAS CHANGED IN 2019, PURCHASED THOUSAND 2020.
YOU'RE SAYING THAT THE ORDINANCE WAS ENACTED IN 2002, OR I'M READING WHAT, WHAT THEY PROVIDED US.
AND THEN IN 2013 IT WAS AMENDED, BUT IT STILL DIDN'T CHANGE.
AND I'M NOT SURE WHAT THE, I, I THINK THERE WERE A FEW THINGS THAT WERE CHANGED IN THE AMENDED ORDINANCE IN 2013.
UH, AND THAT AGAIN, FOR THE RECORD, IS NUMBER 2 89 46.
BUT THE RELEVANT PROVISIONS, INCLUDING THE DEFINITION OF REMODEL, THE DEFINITION OF COMPATIBLE, UH, THE REQUIREMENTS FOR NEW CONSTRUCTION AND THE REQUIREMENTS FOR, UH, REMODELING WERE LEFT UNCHANGED.
WAS THE LISTING MATERIALS THE SAME? THE LIST OF MATERIALS IS THE SAME.
AND DOES THAT INCLUDE DEFINITIONS FOR MATERIALS? YES.
AND YOU'RE SAYING THAT, WELL, I'M NOT SURE THAT THERE ARE DEFINITIONS OF MATERIALS IN THE ORDINANCE, BUT THE BUT THE RELEVANT ONES THAT APPLY TO THIS, UH, PARTICULAR MATTER, WERE UNCHANGED.
AND I CAN GO THROUGH OF THEM IN A MINUTE.
THAT IS NOT BEING USED AGAINST YOUR TIME.
UH, SO IN THE ORDINANCE, REMODEL IS, UH, DEFINED AS IMPROVEMENTS OR REPAIRS THAT CHANGE THE APPEARANCE OF THE MAIN STRUCTURE OR REPLACE ORIGINAL MATERIALS OF THE MAIN STRUCTURE WITH ANOTHER MATERIAL.
SO MATERIALS, WE'RE NOT TALKING ABOUT MATERIALS HERE.
WE'RE TALKING ABOUT A REPAIR THAT CHANGES THE APPEARANCE OF THE MAIN STRUCTURE.
NOW, THERE'S NO DEFINITION THAT I COULD FIND IN THE CITY CODE OF THE WORD REPAIR, BUT I DID ATTEMPT TO LOOK AND SEE IF THERE WERE ANY COMMON DEFINITIONS OF REPAIR.
AND SPECIFICALLY I WANTED TO KNOW, IS PAINTING YOUR HOUSE AN IMPROVEMENT OR A REPAIR? ACCORDING TO IRS GUIDELINES, IT'S A REPAIR.
AND I THINK THAT COMES UP WHEN PEOPLE TRY TO DEDUCT THE COST OF, UH, PAINTING THEIR, PAINTING THEIR PROPERTY.
SO I DON'T HAVE A CITATION FOR YOU FOR THAT.
AND THERE IS NO RELEVANT CITATION FROM CITY CODE THAT I'M AWARE OF.
I THINK THERE, THE, THE REASON WHY THERE'S A REFERENCE TO IRS IS BECAUSE, UH, IF IT'S CONSIDERED A CAPITAL IMPROVEMENT, IT INCREASES YOUR BASIS, WHICH EXACTLY.
WHICH REDUCES THE CAPITAL GAIN WHEN YOU GO SELL IT.
OTHER THAN THAT, THEY JUST WANT YOU TO PAY TAXES.
SO IN, AND, AND, AND THAT MAKES SENSE WHY THERE WOULD BE LITERATURE, RESEARCH AND THE LIKE OUT THERE RELATING TO, UH, WHETHER OR NOT A REPAIR OR AN IMPROVEMENT IS DEDUCTIBLE UNDER IRS GUIDELINES.
SO AGAIN, REMODEL A REPAIR THAT CHANGES THE APPEARANCE OF THE MAIN STRUCTURE.
THE ORDINANCE LAYS OUT ARCHITECTURAL STANDARDS FOR NEW CONSTRUCTION AND REMODELING.
FOR INSTANCE, IT STATES THAT ALL NEW CONSTRUCTION MUST BE BUILT IN THE HIGH TUTOR STYLE AND BE COMPATIBLE WITH ORIGINAL HOUSES.
THE MATERIALS USED MUST MATCH THOSE FOUND ON ORIGINAL HOUSES.
AND THE USE OF BRICK IS SPECIFICALLY MENTIONED THERE.
THE BUILDING OFFICIAL'S INTERPRETATION IS THAT EXTERIOR PAINTING OF PREVIOUSLY UNPAINTED BRICK DOES NOT MEET THE STANDARDS.
THIS IS SUPPORTED BY THE DEPARTMENT'S INTERPRETATION MANUAL REGARDING THE PAINTING OF EXTERIOR BRICK IN THIS CONSERVATION DISTRICT.
I SUBMITTED IN THE BUILDING OFFICIALS LETTER BRIEF A COPY OF THE DISTRICT'S INTERPRETATION MANUAL.
IT IS EXHIBIT E IN YOUR PACKET.
UM, AND ACCORDING TO THE MANUAL, THE ORDINANCE, ORDINANCE IS SPECIFIC CONSUL CONCERNING THE COLORS OF BRICK TO BE USED AND THAT ANY NEW CONSTRUCTION BE COMPATIBLE WITH ORIGINAL HOMES TO WHICH THEY INFER THAT IS
[02:10:01]
THE CONSERVATION DISTRICT OFFICIALS INFER THAT NEW BRICK OR STONE BE UNPAINTED TO ENSURE THAT THAT BRICK OR STONE MATCHES THE ORIGINAL COLORS.THE MANUAL GOES ONTO STATE THAT BECAUSE RE REMODEL.
CAN YOU SAY THIS INTERPRETATION OF MANUAL, WHAT DOES THAT MEAN? IS THIS WHAT THE CITY GIVES INSPECTORS? IS THAT WHAT AN INTERPRETATION MANUAL IS? I'VE NEVER HEARD IS A QUESTION INTERPRETATION MANUAL THAT YOU MIGHT NEED TO ASK THE STAFF.
UH, I DO KNOW THAT IT IS AN, IN IT, IT'S AN INTERNAL CITY DOCUMENT, UH, THAT THE CHIEF PLANNER RELIES UPON IN INTERPRETING THE CODE PROVISIONS IN THIS, UM, CONSERVATION DISTRICT ORDINANCES.
APPARENTLY THIS QUESTION HAS COME UP IN THE PAST.
THIS INTERPRETATION ITSELF, YOU'LL SEE FROM EXHIBIT E PAGE, UH, 0 0 1 OF EXHIBIT E.
IT'S DATED, UH, OCTOBER 23RD, 2019.
AND THE MANUAL STATES THAT BECAUSE REMODELING MUST MATCH AND NOT JUST BE COMPATIBLE THAT THE, UH, THE ORIGINAL BRICK AND STONE IN COLOR, IT CAN BE INFERRED THAT THE APPLICATION OF PAINT ONTO PREVIOUSLY UNPAINTED BRICK WOULD NOT BE ALLOWED.
AND THEREFORE, UH, THE BUILDING OFFICIALS INTERPRETATION ALIGNS WITH THE LETTER AND THE SPIRIT OF THE ORDINANCE.
REGARDING THE EMAIL FROM FORMER COUNCIL MEMBER ANGELA HUNT, UH, THE ONLY THING THAT I'VE SEEN OF THAT IS WHAT WAS ATTACHED TO THE APPLICANT'S, UM, APPEAL.
SO I HAVEN'T SEEN THE FULL CORRESPONDENCE.
I WOULD JUST SAY IN RESPONSE TO THAT, UM, I DON'T KNOW BECAUSE I WASN'T HERE AT THE TIME.
I DON'T KNOW WHAT FORMER COUNCIL MEMBER HUNT'S INVOLVEMENT IN DRAFTING THE CD NINE ORDINANCE WAS AT THE TIME.
UM, HOWEVER, HER EMAIL IS NOT AN OFFICIAL CITY DOCUMENT.
IT IS NOT AN OFFICIAL CITY INTERPRETATION OF THE ORDINANCE.
UH, MY UNDERSTANDING IS THAT THE LANGUAGE THAT WAS QUOTED SAYING IN THE, UH, FREQUENTLY ASKED QUESTIONS IS ACTUALLY FROM THE BELMONT CONSERVATION DISTRICT AND NOT FROM THE M STREET'S CONSERVATION DISTRICT.
UM, AGAIN, UM, CONSERVATION DISTRICT PLANNER MELISSA PARENT IS HERE, UH, TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE REGARDING THAT.
I HAVE, I DID NOT LOOK AT THE BELMONT CONSERVATION DISTRICT WEBSITE OR FREQUENTLY ASKED QUESTIONS.
IN CONCLUSION, UM, THE BUILDING OFFICIALS INTERPRETATION WAS CORRECT.
WE RESPECTFULLY REQUEST THAT THIS PANEL AFFIRM THE BUILDING OFFICIALS DECISION AND DENY THE APPEAL.
AND, UH, IF YOU HAVE ANY QUESTIONS FOR EITHER ME OR MS. PARENT WOULD BE HAPPY TO ADDRESS THEM.
THANK YOU VERY MUCH, MS. RODRIGUEZ.
UM, SO, UM, YOU'RE AT, UM, YOU HAVE A, LET'S SEE HERE, EIGHT MINUTES LEFT.
UH, IN YOUR TIME, IS THERE ANYONE ELSE THAT REPRESENTING THE CITY'S POSITION ON THIS THAT YOU WOULD LIKE TO HAVE THEM SPEAK, OR YOU, ARE YOU JUST MAKING THEM AVAILABLE TO ANSWER QUESTIONS OR MAKING THEM AVAILABLE? TO ANSWER QUESTIONS, MR. CHAIRMAN? OKAY.
ALL RIGHT, THEN WE'LL LEAVE IT AT THAT.
SO, UM, QUESTIONS FOR THE, UM, THE BUILDING OFFICIAL, THE ADMINISTRATIVE OFFICIAL ATTORNEY? I HAVE MR. HALCOMB.
UM, SO THE, THE FIRST ONE, UM, IS DOES THE CODE SAY ANYTHING, NOT THE HANDBOOK, BUT DOES THE CODE SAY ANYTHING ABOUT THE DISTINCTION BETWEEN PREVIOUSLY UNPAINTED BRICK OR PREVIOUSLY PAINTED BRICK? DOES I, I DON'T RECALL SEEING ANYTHING THAT INDICATES THE, THE PREVIOUS STATUS HAS ANYTHING.
MR, HOW COME ARE YOU SAYING NO, YOU'RE FINE.
ARE YOU SAYING, UH, THE CONSERVATION DISTRICT OR THE ORDINANCE? I, I, YEAH.
SORRY, I'M BASING THIS ON THE, UH, LET ME GET THE ACTUAL NAME.
THIS IS EXHIBIT A AS PART OF THE DOCKET.
UH, AND IN FACT, ALL MY QUESTIONS RIGHT NOW ARE, ARE IN RELATION TO EXHIBIT A, WHICH IS CALLED THE M STREETS CONSERVATION DISTRICT REGULATIONS.
THAT, THAT IS THE ORDINANCE I THINK THAT YOU'RE REFERRING TO.
SO THE CONSERVATION DISTRICT ORDINANCE IS, NO, THE ORIGINAL ONE IS TO USE ONE 16.
WHAT HE, WHAT YOU'RE REFERRING TO IS SOME SHEET THAT TALKS ABOUT THE DENIAL.
I'M ACTUALLY, AGAIN, BACK TO THE DOCKET.
THE ACTUAL M STREETS, CONSERVATION DISTRICT REGULATIONS EXHIBIT A THAT HAS ALL THESE STANDARDS THAT WE'RE REFERRING TO.
THIS IS THE SAME THING I WAS POINTING AT BACK BEFORE.
[02:15:01]
THAT? IT'S EXHIBIT D.SO IT'S ACTUALLY EXHIBIT D AS PART OF THE DEAL.
IT'S JUST LABELED EXHIBIT A FROM WHATEVER PREVIOUS THING IT WAS.
SO THAT'S, THAT'S MY FAULT ON THE CONFUSION.
SO THIS IS EXHIBIT D OF OUR PACKET, UH, TALKING ABOUT THE M STREET CONSERVATION DISTRICT REGULATIONS.
SO, UM, IN THIS DOCUMENT, I DON'T RECALL SEEING ANYTHING THAT SPOKE TO WHETHER OR NOT THE BRICK WAS ALREADY PAINTED OR NOT.
IS THERE ANYTHING BESIDES THE HANDBOOK THAT SUPPORTS, UM, THAT DELINEATION AS, AS WAS POINTED OUT PREVIOUSLY? I DON'T THINK THAT THE CONSERVATION DISTRICT ORDINANCE AND, AND WHAT YOU'RE REFERRING TO, THE M STREET'S, CONSERVATION DISTRICT REGULATIONS, THAT IS THE ORDINANCE.
UH, I DON'T BELIEVE IT ADDRESSES PAINTING SPECIFICALLY.
UM, HOWEVER, I, I DO KNOW THAT THERE WAS SOME MENTION THAT THERE ARE SOME HOUSES IN THE DISTRICT THAT ARE PAINTED.
UM, AGAIN, THE ORDINANCE WAS FIRST, UH, ENACTED IN 2002.
IF THERE WERE HOUSES THAT WERE PAINTED BEFORE THAT TIME, BEFORE THE ORDINANCE WAS ENACTED, THEN THEY WOULD BE GRANDFATHERED IN AND WOULD BE ALLOWED TO BE PAINTED.
BUT OBVIOUSLY AFTER THAT TIME, THE ORDINANCE, UM, APPLIES ON A PROSPECTIVE OR FORWARD BASIS.
SO, TO ANSWER YOUR SPECIFIC QUESTION, NO, THERE'S NO LANGUAGE IN THE ORDINANCE THAT DISTINGUISHES BETWEEN PREVIOUSLY UNPAINTED AND PREVIOUSLY PAINTED.
BUT, BUT YOU SUBMIT THAT IT'S A GRANDFATHER ISSUE AS OPPOSED TO ANY, THAT'S WHAT THE HANDBOOK'S TALKING ABOUT.
YOU THINK THAT IS CORRECT? YES.
UM, MS. MARY, IF YOU WOULD PLEASE BRING UP, UM, THE SAME DOCUMENT.
I'M GONNA LOOK AT, UM, ITEM A D ON PAGE 2 0 1, UM, WHICH IS SHOWN HERE THAT SAYS DEVELOPMENT STANDARDS.
SO IT SAYS, EXCEPT AS PROVIDED IN, HOLD ON.
SO TELL ME, SORRY, I DON'T HAVE A COPY OF, OH, IT'S UP THERE ON THE SCREEN.
SO, SO FIRST OF ALL, BEFORE YOU READ THIS, TELL ME WHAT THIS IS FROM.
SO THIS IS FROM THE SAME DOCUMENT, THE ORDINANCE OF THE M STREET'S CONSERVATION DISTRICT.
UH, SO WHAT'S THE TOP OF THE PAGE HEADER? IF I COULD, IF YOU COULD SCROLL UP.
MARY, MS. WILLIAMS. I'M SORRY.
SO, UH, I'M SPEAKING HERE OF SPECIFICALLY ITEM D, UM, WHICH SAYS, EXCEPT AS PROVIDED IN THIS EXHIBIT A, THE DEVELOPMENT STANDARDS OF THE R 75, A SINGLE FAMILY DISTRICT APPLY C SUBSECTION O FOR DEVELOPMENT STANDARDS FOR SUB AREA ONE.
SO TO ME, THIS CASE ENTIRELY HINGES ON WHAT THIS PHRASE MEANS.
SO DOES THAT MEAN THAT THE SECTION TALKING ABOUT HIGH TUTOR HOUSES REPLACES SECTION O? OR IS IT IN ADDITION TO SECTION O? MS. PARENT CAN ANSWER THAT QUESTION.
HAS SHE FILLED OUT A BLUE SHEET AND HAVE YOU BEEN SWORN IN? SO, I NEED YOU TO FILL OUT A BLUE SHEET AND WILL BE SWORN IN IF YOU'RE GOING TO TESTIFY.
OUR RULES SPECIFY ANYONE AND EVERYONE THAT TESTIFIES, UH, HAS TO BE SWORN IN.
JUST PLEASE MAKE SURE YOU DO THAT FOR THE RECORD.
AND INTRODUCE YOURSELF AND OUR BOARD SECRETARY WILL SWEAR YOU IN.
DO YOU SWEAR AND AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
I AM A SENIOR PLANNER WITH THE CONSERVATION DISTRICTS.
AND THEN I WILL REFRAME MY QUESTION, UM, WHICH IS THIS, UM, SUBSECTION D DEVELOPMENT STANDARDS.
SO ACTUALLY THE, THE SUBSECTION ZERO FOR, THERE'S NO SUB AREA ONE IN THIS DISTRICT ANYMORE.
THAT WAS WHAT WAS REMOVED FROM THAT AMENDMENT IN 2013.
SO THE ORIGINAL ONE HAD A SUB AREA, AND THEN IN 2013, THEY CAME BACK AND AMENDED IT TO REMOVE IT SO THAT ALL, EVERYTHING THAT'S IN THE ORDINANCE APPLIES TO EVERY SINGLE PROPERTY IN THE DISTRICT EQUALLY.
SO I THOUGHT I WAS FOLLOWING YOU.
SO THEN, DOES SUBSECTION O NO LONGER APPLY THEN? WELL, BECAUSE SUBSECTION O ISN'T THE DEVELOPMENT STANDARDS ANYMORE.
IT'S ACTUALLY SUBSECTION D IS THE DEVELOPMENT STANDARDS.
SO THAT'S, THAT'S WHAT CHANGED WHEN THE ORDINANCE WAS AMENDED, THEY, THEY TRIED TO CLEAN UP SOME OF THE LANGUAGE, AND SINCE THEY DIDN'T WANT A SUB AREA ANYMORE, THEY WANTED EVERYBODY TO BE TREATED EQUALLY.
THEY READJUSTED THE ORDINANCE TO READ SO THAT EVERYTHING APPLIES TO ALL PROPERTIES.
UM, I MAY NEED SOME MORE CLARITY ON THAT, BUT THAT LEADS TO MY NEXT QUESTION.
MARY, CAN YOU PLEASE GO TO, UM, PAGE TWO 19.
THIS IS THE SAME ORDINANCE DOCUMENT.
I'M LOOKING AT SECTION Q, ITEM THREE AND Q ITEM THREE
[02:20:01]
SAYS FACADE MATERIAL, ALL STRUCTURES MUST HAVE BRICK FACADES, PAINTED BRICK HAS PROHIBITED.THIS IS IN THE SUB AREA, ONE SECTION.
IT DOES NOT APPEAR IN THE HIGH TUTOR SECTION.
IT DOESN'T APPEAR IN THE SPANISH REVIVAL SECTION.
IT ONLY APPEARS IN THIS SECTION.
SO MY QUESTION IS, IF THIS DOESN'T APPLY, THEN I DON'T KNOW WHAT WE'RE STOPPING HERE.
IF IT DOES APPLY, THEN THIS IS PRETTY CUT AND DRY.
SO THAT SPECIFIC LANGUAGE HAD BEEN REMOVED, HOWEVER, BE IT WAS REMOVED BECAUSE WE BELIEVE CLOSER TO THE MICROPHONE.
SORRY, WE BELIEVED IT WAS COVERED.
YOU'RE PROJECTING, BUT, OH, IT'S GREEN NOW.
I THINK IT HAS A VERY SHORT RANGE.
SO THESE OTHER, UM, THERE ARE OTHER APPLICABLE STANDARDS.
SO IT WAS DETERMINED THAT THAT WASN'T NECESSARY TO BE SPECIFICALLY CALLED OUT BECAUSE IT WAS MADE UNDER THESE OTHER DETERMINATIONS.
AND SOME OF THOSE DETERMINATIONS ARE SPECIFICALLY UNDER THE DEFINITION FOR REMODEL.
IT SAYS THAT CHANGE THE APPEARANCE OF THE MAIN STRUCTURE AND TO PAINT YOUR STRUCTURE DOES ABSOLUTELY CHANGE THE APPEARANCE OF IT.
IF YOU HAVE A WHITE HOUSE AND YOU DECIDE TO PAINT IT BLACK AND ORANGE, THAT'S GONNA CHANGE THE APPEARANCE.
WHEN YOU PAINT BRICK AS THE REQUIREMENT UNDER THE MATERIALS IS THE BRICK IS REQUIRED TO BE SCRATCHED FACE.
ONCE YOU PAINT THAT, THAT PAINT FILLS IN THOSE SCRATCH MARKS ON THE BRICK, AND IT IS NO LONGER SCRATCH FACE TEXTURED.
SO YOU'VE REMOVED THE TEXTURE AND NOW YOU'VE CHANGED THE COLOR OF THE BRICK.
UM, SO ALL OF THESE ONES THAT WERE LISTED IN YOUR DOCKET, ALL OF THESE PIECES OF ORDINANCE, UM, THEY ALL APPLY BECAUSE THEY ALL CALL OUT SPECIFICALLY COLOR.
IT DOESN'T SAY PAINT, BUT IT SAYS COLOR.
AND THAT IS WHAT WE ARE APPLYING HERE.
UM, SO TO FOLLOW UP ON THAT, IT, IT ACTUALLY SAYS SCRATCH FACED OR TEXTURED.
SO, I MEAN, I WOULD ARGUE THAT A LAYER OF PAINT PROVIDES TEXTURE, ESPECIALLY TEXTURED PAINT.
BUT IF THE ORIGINAL BRICK FACE IS SCRATCHED FACE, THEN YOU WOULD BE CHANGING THAT APPEARANCE BY PAINTING IT.
BUT I DON'T, WELL, I NEED TO GO REREAD THAT AGAIN BEFORE I RESPOND TO THAT.
SO I'LL YIELD TO SOMEONE ELSE.
UH, WHILE WE'RE ON THIS THREAD OR, OR OR LINE OF, OF REASONING, UH, WHAT HE HAS UP HERE UNDER SECTION THREE, I DON'T KNOW WHAT THE UPPER HEADER IS.
IT SAYS PAINT PAINTED BRICK IS, IS PROHIBITED.
YOU JUST SAID THAT DOESN'T APPLY ANYMORE.
WELL, I SAID THAT THAT PIECE WAS TAKEN OUT OF THE, DURING THE AMENDMENT BECAUSE THESE OTHER ONES THEY FELT THAT WERE, SO THE REFERENCE TO PAINTED BRICK WAS IN THE ORDINANCE PRIOR TO THE 2013 AMENDMENT.
SO WHAT, WHAT WHAT YOU JUST SAID WAS, AND I'M, I'M, I APOLOGIZE FOR REPEATING.
UH, YOU SAID THE REFERENCE TO PAINTED BRICK IS NO LONGER IN THE ORDINANCE AS AMENDED IN 2013.
I'M SORRY, WHAT WAS THAT? I, I'M, I'M YOU REFERENCED, MR. HOW COME ASKED THE QUESTION ABOUT PAINTED BRICK IS PROHIBITED.
YOU SAID THAT IS NO LONGER IN THE ORDINANCE.
WELL, THAT SPECIFIC LINE IS NOT IN THE ORDINANCE PAINTED, THE, THE WORDS PAINTED BRICK IS PROHIBITED, IS NO LONGER IN THE ORDINANCE.
AND SO THAT'S WHAT I'M TRYING TO ZERO IN ON.
DOES IT EXPLICITLY SAY THAT IT'S PROHIBITED? NO.
AND YOU'RE SAYING IT'S NO LONGER IN THE ORDINANCE? ACTUALLY, IT, NO, IT IS IN THE ORDINANCE.
WELL, WE'RE NOW ALL COLLECTIVELY CONFUSED.
SO IT WAS, IT WAS PLACED IN IN 27.
WHERE IS MY, UH, WHILE YOU'RE GOING THROUGH THAT SEARCH, I'M GONNA ASK MY ATTORNEYS A QUESTION.
CAN YOU ALL FOR US, PLEASE FIND IN THE WHATEVER THE CURRENT ORDINANCE IS FOR 2 8 9 46, THE SECTION THAT TALKS ABOUT PAINT BEING PROHIBITED? I THINK THAT'S A QUESTION FOR THE PARTIES.
CAUSE THAT'S THE CRUX THAT DISAPPEARED.
YEAH, BUT I'M SAYING, I'M ASKING MY ATTORNEYS, DOES THE CURRENT ORDINANCE AS YOU FIND IT OR INTERPRET IT FOR OUR BASIS, HAVE A REFERENCE TO PAINT PAINTED BRICK IS PROHIBITED? MR. CHAIRMAN, I THINK THAT'S A QUESTION FOR THE PARTIES BEFORE YOU, BECAUSE I DO NOT WANT TO INTERPRET THE ORDINANCE THAT IS, WELL SEE EITHER IT'S EITHER THE WORDS ARE IN THE ORDINANCE OR THEY'RE NOT.
THAT IS A QUESTION FOR THE PARTIES.
I DON'T THINK THAT'S A QUESTION FOR US.
SO WHAT, I GUESS WHAT I'LL BE ASKING OF THE CITY ASSISTANT, CITY ATTORNEY, MS. RODRIGUEZ, IS PLEASE STATE WE ARE IN THE CURRENT ORDINANCE THAT REFERENCES M STREETS WHERE
[02:25:01]
PAINTED BRICK IS PROHIBITED.DOES IT HAVE THOSE WORDS? WELL, IN SUBSECTION Q THREE, IT SAYS PAINTED BRICK IS PROHIBITED.
WELL, AND THAT, THAT IS THE CURRENT ORDINANCE.
AND THAT'S WHAT LED TO MY QUESTION AS TO WHETHER OR NOT SECTION O IS STILL APPLICABLE OR IF IT'S SUPERSEDED BY THE SECTION ON HIGH TUTOR.
THAT'S TO ME THE CRUX OF THE CASE.
I THINK THAT THIS WAS THE STUFF THAT WAS REMOVED AS PART OF THAT.
THEN MS. PARENT IS TELLING ME THAT THAT SUBSECTION Q WAS REMOVED, BUT IT APPEARS IN THE VERSION OF THE ORDINANCE THAT I HAVE RIGHT HERE THAT I PULLED OFF OF THE CITY'S WEBSITE.
SO I, IF, IF THERE'S SOMETHING THAT CAN TELL ME WHETHER THE UNDERLINED MATERIAL WAS DELETED, I DON'T KNOW THE CITY'S CONVENTIONS FOR, FOR CHANGING ORDINANCES, IF UNDERLINED MEANS THAT'S A DELETION, IS THAT WHAT THAT MEANS? UM, NO.
THAT MEANS AN ADDITION NORMALLY.
YEAH, NORMALLY IT'S A STRIKE THROUGH.
UH, WHICH I BELIEVE WAS A MISTAKE BECAUSE THERE'S NO SUB AREA ONE IN THIS DISTRICT ANYMORE.
SO THIS SHOULD HAVE ALL BEEN STRIKE THROUGH INSTEAD OF UNDERLINED.
UM, SO, UM,
WELL, I I'M TRYING TO GET TO THE FACTUAL ORDINANCE THAT, THAT AND THE WORDS THAT WHERE IT SPEAKS TO PAINTED BRICK IS PROHIBITED.
AND SO THAT'S WHY I LENT ON MY ATTORNEYS WHO PUSHED BACK ON ME, WHO NOW I'M PUSHING BACK ON YOU.
SO WHAT OTHER QUESTIONS DO WE HAVE, MR. NE THEN? MS. HAY? MR. NE? THANK YOU MR. CHAIRMAN.
I WOULD LIKE TO KNOW, UH, SPECIFICALLY WITH REGARD TO THE, UH, DEPARTMENT'S INTERPRETATION MANUAL DATED OCTOBER 23RD, 2019.
WAS THERE AN ANY EFFORT BY YOU OR ANOTHER MEMBER OF THE CONSERVATION DISTRICT FOR THIS NEW, UH, DEPARTMENTAL INTERPRETATION? DID YOU APPROACH THE DEPARTMENT OR THE CITY IN ANY WAY TO CHANGE THE INTERPRETATION OF THE LANGUAGE? NO.
WE HAD RECEIVED, UM, SEVERAL COMPLAINTS FOR PEOPLE PAINTING THEIR HOUSES.
AND, UM, BILL HIRSCH, WHO SIGNED THE INTERPRETATION, UH, SENT THAT TO THE CITY ATTORNEY'S OFFICE FOR VETTING TO MAKE SURE THAT WE WERE INTERPRETING THE ORDINANCE CORRECTLY, AND THEY AGREED THAT WE WERE, AND THAT'S THE INTERPRETATION THAT CAME FROM THAT CONVERSATION BETWEEN THEM.
SORRY,
UM, SO I, I KNOW YOU MENTIONED THAT THE, IT WAS, I THINK THE BELMONT HISTORIC DISTRICT THAT HAD OUR CONSERVATION DISTRICT THAT HAD THE F FAQ, BUT IT'S ACTUALLY THE M STREET CD.ORG IS WHERE THIS WEBSITE IS NOW.
MY QUESTION, AND, AND, AND SO I GUESS MY, MY QUESTION, AND THIS MIGHT BE FOR THE ATTOR THE CITY ATTORNEYS TOO, IS AS WE'RE EVALUATING THIS, IS THAT SOMETHING WE CAN TAKE INTO CONSIDERATION BECAUSE IT'S AN FAQ OF A, OF A CONSERVATION DISTRICT WEBSITE? OR DO WE HAVE TO FOLLOW WHAT'S IN THE ORDINANCE? UH, THE CURRENT ORDINANCE, I HAVE NO IDEA WHO CREATED THAT WEBSITE.
IT IS NOT AN OFFICIAL CITY DOCUMENT.
AND SO MY ANSWER WOULD BE THAT YOU'RE REQUIRED TO FOLLOW WHAT IS IN THE ORDINANCE.
I I WOULD, I WOULD THINK THAT'S A SOUND RESPONSE.
IN FACT, UH, I MEAN, OFFICIALLY, I CAN'T SAY THAT OFFICIALLY, BUT THAT SOUNDS LIKE A FAIR INTERPRETATION.
THAT'S WHY WE KEEP GOING BACK TO WHAT DOES THE ORDINANCE ACTUALLY SAY? AND SO, UH, I'M INTERESTED IN, I THINK I HAD MR. NE'S NEXT IN THE QUESTIONS, BUT I'M, AND THEN, AND THEN MS. DAVIS, THEN MR. HE, I'M INTERESTED IN WHERE ARE THE LANGUAGES THAT IS CURRENTLY ALIVE AND WELL, THAT SAYS PAINTED BRICK IS PROHIBITED, AND I STILL HAVEN'T HEARD THAT ANYWHERE, SO I'LL BE WAITING FOR THAT.
UH, MR. NE THEN MS. DAVIS, THEN MR. HOCO, MR. NE MY QUESTION WAS ALREADY ANSWERED, MR. CHAIRMAN.
SO A QUESTION JUST ABOUT SOME OF THE VERBIAGE.
UM, IN, IN THE ONE AREA WHERE IT SAYS ARCHITECTURAL STANDARDS FOR NEW CONSTRUCTION, I'M LOOKING AT E THREE, AND IT SAYS, EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, NEW HOUSES MUST BE CONSTRUCTED OF BRICK AND OR STONE USING THE SAME COLORS, COURSE PATTERNS, MATERIAL PLACEMENT AND MATERIAL COMBINATIONS FOUND IN ORIGINAL HOUSES, WHICH SEEMS LIKE IS THERE SOME TYPE OF PALLET FOR ORIGINAL HOUSES? BECAUSE THEN ON THE NEXT PAGE
[02:30:01]
UNDER F TWO, IT SAYS, ANY REMODELING WAS MUST MATCH THE ORIGINAL BRICK AND STONE AND SIZE, COLOR COURSING TEXTURE MORTARING.SO IT, YOU, I HOPE YOU CAN UNDERSTAND WHY WE'RE ALL SO CONFUSED.
IS THERE A, A COLOR PALETTE THAT PEOPLE CAN REFERENCE? BECAUSE IT, IT SEEMS TO CONTRADICT ITSELF A COUPLE OF TIMES IN HERE.
SO UNDER THE, UM, NEW CONSTRUCTION STANDARDS, WHICH THEY HAVE TO INCORPORATE, IT DOES SPECIFY BLIGHT BLONDE OR LIGHT COLORED BRICK.
UM, SO THAT WOULD BE THEIR COLOR PALETTE.
BUT, BUT THE APPLICANT, SO THE APPLICANT PAINTED HIS HOUSE IN A, LIKE A CREAM COLOR THAT DOESN'T MEET THAT COLOR STANDARD.
OR IS IT BECAUSE HE DIDN'T PAINT IT THE SAME COLOR AS THE BRICK THAT'S EXISTING ON THE HOUSE? I DON'T THINK THAT THERE'S ANY EVIDENCE IN THE RECORD OF WHAT COLOR THE HOUSE WAS ORIGINALLY VERSUS WHAT COLOR IT WAS AFTER IT WAS PARTIALLY PAINTED.
BUT AGAIN, OUR INTERPRETATION IS THAT PAINTING PREVIOUSLY UNPAINTED BRICK IS A REPAIR THAT CHANGES THE APPEARANCE OF THE STRUCTURE.
BUT IT SAYS IN HERE, LIKE MS. DAVIS SAID, BLONDE OR LIGHT COLORED BRICK COMPATIBLE WITH ORIGINAL HOUSES, WHICH IS FOR NEW CONSTRUCTION OR FOR, EXCUSE ME, FOR, UH, OPTIONAL ARCHITECTURAL DESIGN FEATURES.
FOR NEW CONSTRUCTION, THAT IS IN SUBSECTION E ARCHITECTURAL STANDARDS FOR NEW CONSTRUCTION.
UM, SUBSECTION E 12, I, I THOUGHT REMODELS HAD TO FOLLOW THE GUIDELINES FOR NEW CONSTRUCTION.
SO THEN HE WOULD BE COMPLIANT BECAUSE HE PAINTED HIS HOUSE A LIGHT CREAM COLOR, WHICH WOULD BE, UM, YOU KNOW, THE COLORS THAT YOU'RE, THAT YOU'RE SEEING ARE TYPICAL OF THAT ARE USED ON ORIGINAL HOUSES.
SO WHY WOULDN'T HE BE COMPLIANT? THEN YOU EXPLAIN THAT.
WELL, BECAUSE THAT'S NOT THE COLOR OF THE BRICK, RIGHT? YOU'VE NOW COVERED THE BRICK IN A COLOR, AND THAT DOES CHANGE THE APPEARANCE.
IT LIKE, YEAH, I MEAN, IT, IT CHANGES THE TEXTURE OF THE BRICK, WHICH CH IT.
AND EVEN IF IT'S A WHITE, EVEN IF YOU'RE COLORING YOUR, YOUR HOUSE WITH WHITE PAINT, IT'S STILL CHANGING THE APPEARANCE.
UM, THESE BLONDE OR LIGHT COLORED BRICKS, YOU WOULD RARELY SEE THEM AS A STRAIGHT UP WHITE.
UM, A LOT OF TIMES THEY ARE HAVE A LITTLE BIT OF A YELLOW HUE, OR THERE'S ONES THAT CALL ARE CALLED IRON SPOT THAT HAVE SPECIFIC TEXTURES AND SPOTTING IN THEM THAT ARE VERY SIGNIFICANT TO THE STYLE OF BRICK.
UM, SO COVERING IT IN PAINT, YOU'RE ALSO COVERING, YOU'RE NOT JUST COVERING THE BRICK, YOU'RE ALSO COVERING THE MORTAR.
SO NOW YOU'RE CHANGING THE COLOR OF THE MORTAR AND YOU'RE PREVENTING YOUR BRICK AND YOUR MORTAR FROM BEING ABLE TO RELEASE ANY MOISTURE THAT MIGHT BE THERE.
I, I, I'M JUST GONNA GO BACK TO AGAIN, WHERE IT STATES BLONDE OR LIGHT COLORED BRICK, AND I, I, THIS IS NOT BLACK AND WHITE FOR ME.
I MEAN, I'M NOT SEEING ANYTHING IN HERE THAT SPECIFICALLY STATES HE IS NOT ALLOWED TO REPAINT HIS HOUSE IN THAT COLOR, BECAUSE IT SEEMS LIKE THERE'S A COUPLE OF CON CONTRADICTIONS IN HERE, AND NOBODY HAS BEEN ABLE TO SAY TO ME, THIS IS THAT DEFINITIVE PARAGRAPH THAT SAYS HE IS NOT ALLOWED TO DO THIS.
I'M NOT SEEING THAT ANYWHERE IN HERE.
SO I'M NOT CONVINCED THAT THE DECISION WAS THE PROPER DECISION TO, UM, TO NOT ALLOW THIS.
SO I, I GUESS ON THE CONTRARY, WHEN I LOOK AT, UM, LET'S SEE, IT'S SUBSECTION F I GUESS IT'S SECTION THREE, SUBSECTION F, UM, ARCHITECTURAL STANDARDS FREE REMODELING OF HIGH TUTOR AND TUTOR COTTAGE HOUSES.
IF YOU LOOK AT NUMBER TWO MATERIALS, ANY REMODELING MUST MATCH THE ORIGINAL BRICK AND STONE IN SIZE, COLOR, COURSING TEXTURE, MORTARING, ET CETERA.
SO ANY REMODELING, WHICH WE'VE, WE'VE DECIDED THAT THIS IS CONSIDERED A REMODEL BASED ON THE LANGUAGE IN THE CONSERVATION DISTRICT, ANY REMODEL MUST MATCH THE ORIGINAL BRICK IN COLOR.
SO IF THIS IS HALF PAINTED, YOU WOULD THINK YOU WOULD BE ABLE TO SEE WHAT THE ORIGINAL BRICK COLOR IS, AND IF THIS NEW PAINT MATCHES IT, RIGHT? YES.
AND PART, AND PART OF THE BUILDING OFFICIAL'S INTERPRETATION WAS THAT THE USE OF THE WORD MATCH IN THAT PROVISION AND NOT COMPATIBLE, UH, MEANS THAT IT MUST ACTUALLY BE UNPAINTED BRICK.
RIGHT? SO, SO I GUESS THE BLONDE OR LIGHT COLOR BRICK COMPATIBLE WITH IS A DIFFERENT THING WHEN YOU LOOK AT MATERIALS MUST MATCH THE ORIGINAL BRICK IN COLOR, I MEAN, CORRECT.
THAT'S, THAT'S THE BUILDING OFFICIAL'S INTERPRETATION.
MR. HOLCOMB, I, I THINK PART OF THE CHALLENGE
[02:35:01]
HERE IS COLORS NOT DEFINED MATCH IS NOT DEFINED.THERE'S A LOT OF GRAY AREA HERE, AND THERE'S THIS PHRASE SHALL NOT BE, OR I MEAN, UH, UH, PAINTED BRICK IS FORBIDDEN, WHICH IS VERY, VERY CLEAR.
AND NOW THAT NO LONGER APPEARS.
SO I'M, I'M, I'M STRUGGLING WITH THIS ONE.
UM, I, I GUESS WHAT, WHAT, HOW IS THE WORD MATCH DEFINED WITHIN, UH, BUILDING OFFICIALS JOB? HOW DO YOU GUYS KNOW IT IS? DOES THE HANDBOOK PROVIDE GUIDANCE FOR WHAT MATCH MEANS? DO YOU KNOW IF THE WORD MATCHES DEFINED? I DON'T KNOW IF THE WORD MATCH IS DEFINED.
WE CAN LOOK IN THE DEFINITIONS, UH, REAL QUICK.
BUT IF IT'S NOT DEFINED, IF A WORD IS NOT DEFINED IN AN ORDINANCE, THEN IT'S GIVEN IN A LEGAL INTERPRETATION, IT'S COMMON EVERYDAY MEANING.
AND SO, YOU KNOW, COURTS USE THAT TO DEFINE WORDS THAT ARE NOT SPECIFICALLY DEFINED IN A STATUTE OR ORDINANCE OR CASE LAW.
AND SO I THINK THAT THE, UH, INTERPRETATION WOULD BE TO USE THE COMMON ORDINARY ENGLISH MEANING ACCORDING TO YOUR EXPERIENCE IN INTERPRETATION.
SO THEN WOULD IT BE FAIR TO SAY THAT, UH, TWO ARTICLES OF CLOTHING OF DIFFERENT COLORS CAN MATCH? YOU KNOW, WE'RE NOT TALKING ABOUT ARTICLES OF CLOTHING, SO WE'RE TALKING ABOUT THE COMMON DEFINITION OF MATCH, THOUGH, SO, RIGHT.
SO I'M NOT, I'M NOT GONNA GIVE A LEGAL INTERPRETATION OF THE, OF THE DEFINITION OF MATCH.
I CAN TELL YOU WHAT A COURT WOULD SAY, WHICH IS USE THE EVERYDAY DEFINITION OF THE WORD, BUT RESPECTFULLY, A COURT ALSO WOULD LOOK FOR THE LETTER OF THE ORDINANCE.
AND THAT'S WHY I'M REACHING FOR WHAT HAPPENED TO THE LANGUAGE THAT SAID PAINTED BRICK IS PROHIBITED AND IT'S NOT THERE ANYMORE.
AND THAT, THAT'S, THAT'S WHERE I'M, AND I READ THE CONTRADICTORY MUST MATCH THE ORIGINAL BRICK, BUT ALSO SEE BLONDE OR LIGHT COLORED BRICK COMPATIBLE.
SO, SO I, I SEE A LOT OF CONTRADICTION AND CONFUSION.
I'M SORRY, I STOLE SOMEONE'S THUNDER.
I'D COME TO THE CONCLUSION, MY QUESTION FOR THAT, THAT WAVE.
WHAT ARE THE QUESTIONS? DO WE HAVE FROM THE BOARD? WHAT ARE THE QUESTIONS DO WE HAVE FOR THE BOARD? OKAY, THANK YOU VERY MUCH.
UM, DOES THE BOARD, IT'S WITHIN OUR FLEXIBILITY TO ASK QUESTIONS BACK TO THE APPLICANT OR TO THE, TO THE CITY ATTORNEY REPRESENTING THE BUILDING OFFICIAL.
THANK YOU FOR JOINING IN YOUR BLUE SLIP.
UM, WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT AND OR FOR THE BUILDING OR FOR THE, UH, CITY ATTORNEY REPRESENTING THE BUILDING OFFICIAL IS, SIR, NO QUESTIONS.
WOO, THE CHAIR, BUT ENTERTAIN A MOTION.
UH, THE, DO WE HAVE OPTIONS? OH, I APOLOGIZE.
WE KNEW WE KEPT YOU AROUND FOR A REASON.
MR. EMERITUS, ACCORDING TO OUR RULES, IT SAYS THAT THE, UH, APPLICANT, AFTER BOTH SIDES ARE PRESENTED, IS ALLOWED FOR THREE MINUTES FOR REBUTTAL AND OR CLOSING STATEMENT.
WOULD YOU LIKE TO SPEAK AGAIN, SIR? SURE.
WE'LL KEEP YOU AROUND FOR ANOTHER DAY OR TWO.
UM, I, I JUST FOR THE RECORD, THEN, AFTER YOU, THE BUILDING OFFICIAL WILL GET THREE MON MINUTES ALSO.
YEAH, I JUST WANTED TO SAY THAT THIS IS OUR FAMILY'S INVESTMENT IN, IN OUR, FOR OUR KIDS SOMEDAY.
AND WE FELT LIKE IT WAS IMPROVING THE AESTHETIC APPEAL OF THE HOUSE.
THE BRICK WAS NOT LIGHT COLORED, IT WAS DARK RED, AND IT WAS, IT JUST LIKE ANYTHING ELSE, WE WANT TO BE COMPETITIVE WITH MAKING THE NEIGHBORHOOD LOOK BETTER.
AND SO WE DID NOTHING TO DETRACT FROM THE ARCHITECTURAL STYLE.
UH, WE DID EVERYTHING TO TRY TO MAKE A MORE BEAUTIFUL HOME, AND ALSO AT THE SAME TIME, UH, UH, IMPROVE CURB APPEAL, UM, AND HIGHER PERCEIVED VALUE, WHICH IS IMPORTANT FOR US.
AND WE MAINTAIN THE, THE, UH, UM, THE INTEGRITY OF TRYING TO PRESERVE THE STRUCTURE OF THE HOMES.
AND I, THAT'S WHERE I THINK THE CONSERVATION DISTRICT IS WRONG, BECAUSE THEY'RE TALKING ABOUT BRICK, UM, BEING REPLACED.
SO THEY GO FROM NEW CONSTRUCTION, WHICH IS YOU'RE PUTTING ALL THE BRICKS ON BRAND NEW REMODELING WHERE YOU'RE TAKING SOME BRICKS OFF, BUT YOU GOTTA PUT THE SAME BRICKS BACK ON.
BUT IT REALLY DOESN'T ADDRESS PAINT AT ALL.
AND IT'S, WHAT WE DID WAS NOT REMODELING.
[02:40:01]
AND WE ARE WILLING TO, UM, WE ARE WILLING TO WORK WITH THE CONSERVATION DISTRICT TO TRY TO MAKE SURE WE PRESERVE SOME THINGS THAT ARE IMPORTANT TO THEM.AND, AND ONE POINT I WANNA MAKE, ITALY TRIED TO DO THIS FOR YEARS, AND THOSE BUILDINGS ARE 2000 YEARS OLD, AND WHAT HAPPENED IN THEIR SOCIETY IS THOSE HOUSES STARTED TO CRUMBLE BECAUSE PEOPLE DIDN'T HAVE THE MONEY TO PUT BACK IN ALL THE ORIGINAL MATERIALS.
SO NOW THEY, NOW THEY, UH, SORRY.
UM, SO NOW IT'S LIKE THEY HAVE TO PRESERVE A SMALL PERCENTAGE OF THE HOUSE.
SO IF, IF IT, IF THIS BOARD OF CON THIS CONSERVATION BOARD KEEPS MAKING IT HARD FOR PEOPLE TO DO THINGS AT THEIR HOME, THEY'RE JUST GONNA LET 'EM CRUMBLE.
I MEAN, OR THEY'RE GONNA GO BUY SOMEWHERE ELSE WHERE THEY DON'T HAVE TO DEAL WITH ALL THIS STUFF AND MAINTENANCE.
UM, SO I JUST THINK IT'S BETTER FOR THE CITY OF DALLAS IN GENERAL, IF YOU'RE ABLE TO HAVE SOME CONTROL OVER WHAT YOU DO WITH YOUR PROPERTY.
AND IF YOU'RE NOT GONNA HAVE CONTROL, THERE SHOULD BE TAX, UM, YOU KNOW, MAYBE REDUCE PROPERTY TAXES OR SOMETHING LIKE THAT THAT CAN OFFSET SOME OF THOSE EXPENSES SO THAT THE PE, THE PEOPLE THAT ARE WORKING EVERY DAY TO PUT THEIR PAYCHECKS INTO THEIR HOUSE, AT LEAST HAVE SOME, UH, SOME HELP.
UH, THE ATTORNEY FOR THE BUILDING OFFICIAL HAS THREE MINUTES FOR, UH, CLOSING STATEMENT AS WELL.
I APOLOGIZE FOR THE CONFUSION ABOUT THE ORDINANCE.
I'VE BEEN LOOKING AT IT, UM, AND I THINK I HAVE AN EXPLANATION.
SO IF YOU LOOK AT ORDINANCE 2 89 46, THE AMENDED ORDINANCE FROM 2013, IN THE, UM, IN SECTION ONE, IT SAYS THAT THE ZONING CLASSIFICATION IS CHANGED FROM CONSERVATION DISTRICT NINE WITH A MODIFIED DELTA NUMBER ONE OVERLAY TWO SUB AREA, ONE WITHIN CONSERVATION DISTRICT NUMBER NINE, WITH RETENTION OF THE DELTA OVERLAY ON ONE SPECIFIC PROPERTY.
SO I THINK THE CONFUSION IS THE PLANNING STAFF DOES NOT CONSIDER THAT THERE IS A SUB AREA, ONE INSIDE THE CONSERVATION DISTRICT, BECAUSE SUB AREA ONE IS THE WHOLE DISTRICT WITH THE EXCEPTION OF THAT CARVED OUT PROPERTY.
SO WITH THAT, I THINK THAT, FROM WHAT I CAN TELL FROM LOOKING AT THIS ORDINANCE, UM, SUBSECTION Q THAT WAS POINTED OUT, WHICH IS ON PAGE 25 OF THE ORDINANCE DOES SAY, UM, IN SECTION Q3, ALL STRUCTURES MUST HAVE BRICK FACADES, PAINTED BRICK IS PROHIBITED.
SO THAT IS THE ANSWER THAT I HAVE TO THE QUESTION.
UH, WOULD YOU REPEAT THAT AGAIN? WHAT Y YES.
SO, UM, SUBSECTION Q3 IN ORDINANCE NUMBER 2 89 46, WHICH IS THE AMENDED CONSERVATION DISTRICT NINE ORDINANCE, UH, WHICH IS LOCATED SUBSECTION Q3 ON PAGE 25, SAYS, FACADE MATERIALS, ALL STRUCTURES MUST HAVE BRICK FACADES, PAINTED BRICK IS PROHIBITED.
AND THAT IS THE ARCHITECTURAL STANDARDS FOR NEW CONSTRUCTION.
AND AS WE HAVE DEMONSTRATED THE STANDARDS FOR A REMODEL, WHICH IS A REPAIR THAT CHANGES THE APPEARANCE, MUST COMPLY WITH THE STANDARDS FOR NEW CONSTRUCTION.
WE'RE AT THE, UM, STAGE FOR, UM, WERE THERE ANY OTHER QUESTIONS? MR. HOLCOMB, YOU HAVE A QUESTION FOR? I, I GUESS CITY STAFF, OUR STAFF.
BOARD ATTORNEYS, YOU MEAN BOARD ATTORNEYS? YEAH.
WOULD PROBABLY BE THE RELIEF I NEED.
UM, I, I'M STILL COMING BACK TO THIS SECTION D I STILL DON'T UNDERSTAND IF THIS MEANS THAT THE SECTION OF HIGH TUTOR SUPERSEDES THE R 75 A OR IS IN ADDITION TO IT.
THIS IS, UH, THAT SAME ORDINANCE.
THIS IS SUB SECTION D MR. HOW COME? I DON'T WANT TO TELL YOU HOW TO INTERPRET IT.
THAT IS THE ROLE OF THE ADVOCATES TO COME BEFORE THE BOARD TO TELL YOU THE WAY THEY READ THE STATUTE, AND IT'S FOR THIS BOARD TO DECIDE THE MOST APPROPRIATE RATING.
SO THERE'S, THERE'S NO GUIDANCE IN PAST CASE LAW.
THERE'S NOTHING THAT TELLS ME, EXCEPT AS PROVIDED IS EXCLUDING A SECTION OR INCLUDING A SECTION.
THERE'S NO GUIDANCE ON THAT, THAT WHAT THAT LEGAL TERMINOLOGY MEANS.
MR. HOLCOMB, I DON'T WANT TO INTERPRET THE STATUTE.
THAT'S A QUESTION FOR THE ADVOCATES.
[02:45:01]
MY, MY CHALLENGE IS, IS, IS THE NEXT RUNG OF THIS IS, IS GOING TO DISTRICT COURT WHERE THEY SEE IF WE, THEY, WE ABUSED OUR AUTHORITY.AND, AND THE, THE ISSUE IS HERE IS I DON'T UNDERSTAND WHETHER THE SECTION INCLUDES SOMETHING AIRLY OR EXCLUDES IT AND, AND THE CLEAR LANGUAGES IN THAT EXCLUDED OR INCLUDED PART.
SO I GUESS, I GUESS IF YOU DON'T HAVE ANY RELIEF FOR ME, I'LL HAVE TO SETTLE IT ON MY OWN.
YEAH, I, I, I UNDERSTAND THE CONCERN, MR. HOW COME? I'M JUST AFRAID TO PUT MY THUMB ON THE SCALE FOR ONE OF THE TWO SIDES, BECAUSE AT THAT POINT IT FEELS LIKE I'M MAKING THE DECISION RATHER THAN THE APPOINTED BODY.
OTHER DISCUSSION OR OTHER QUESTIONS? I JUST LOST MY CONNECTIONS.
I'M REBOOTING WODA TECHNOLOGY.
UM, IF THERE ARE NO OTHER QUESTIONS FOR THE APPLICANT OR FOR, UH, THE CITY, THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HOW COME HAVING FULLY REVIEWED THE DECISION OF THE ADMINISTRATIVE OFFICIAL OF THE CITY OF DALLAS IN APPEAL NUMBER BDA 2 23 DASH 46 ON APPLICATION OF JAMES GRANT? AND HAVING EVALUATED THE EVIDENCE PERTAINING TO THE PROPERTY AND HEARD ALL TESTIMONY, IN FACT, SUPPORTING THE APPLICATION, I MOVED THAT THE BOARD OF ADJUSTMENT REVERSED THE DECISION OF THE ADMINISTRATIVE OFFICIAL AND GRANT THE RELIEF REQUESTED BY THIS APPLICANT.
IT IS MOVED BY MR. HALCOMB IN BDA 2 23 DASH FOUR SIX TO REVERSE THE DECISION AND GRANT THE RELIEF.
IT'S BEEN SECONDED BY MS. DAVIS.
MR. HALCOMB, I AM CHOOSING TO INTERPRET THE PROBLEMATIC, UM, UM, CLAUSE AS EXCLUDING SUBSECTION OH.
AND IF IT'S EXCLUDED, THEN IT'S REMOVED THE LANGUAGE THAT PROHIBITS PAINT.
IF I'M INCORRECT IN MY ASSESSMENT, WELL, WE'LL SEE.
BUT I BELIEVE THAT THAT'S THE CORRECT ANSWER.
I BELIEVE THAT THIS SORT OF THING SHOULD BE EXPLICIT.
IT'S NOT EXPLICIT, AND SO THEREFORE IT'S PERMISSIBLE BY RIGHT.
MS. DAVIS? I, I WOULD AGREE THAT THIS SHOULD BE EXPLICIT AND IT'S JUST NOT, I, I THINK THERE'S PHRASES IN HERE THAT ARE CON THAT CONTRADICT EACH OTHER.
IT WAS EXTREMELY CONFUSING TO ALL OF US.
I, I MEAN, I THINK IT WAS EVEN CONFUSING ON THE STAFF SIDE, BUILDING OFFICIAL SIDE.
UH, IF IT'S SOMETHING THAT NEEDS TO BE ENFORCED, THEN IT NEEDS TO BE CLEAR, AND THIS IS JUST NOT CLEAR.
OTHER COMMENTS ON THE MOTION? MR. NA? THANK YOU, MR. CHAIRMAN.
YEAH, MY, MY CONCERNS, UM, KIND OF DOVETAIL WHAT WAS PREVIOUSLY SAID, BUT ALSO, UM, I'M VERY CONCERNED THAT THE, UH, DEPARTMENT'S INTERPRETATION HAS RECENTLY CHANGED.
AND, UM, SO THAT'S, THAT, THAT'S A BIG CONCERN TO ME BECAUSE MY, MY IMPRESSION IS THAT THE INTERPRETATION OF THE ORDINANCE AND THE INTENT OF THE CONSERVATION DISTRICT, UH, WAS CHANGED IN TERMS OF INTERPRETATION IN LATE 2019.
UM, YOU KNOW, I STRUGGLED WITH THIS ONE BECAUSE ON ONE HAND I THINK, WELL, IF YOU BUY A HOUSE IN A CONSERVATION DISTRICT, YOU NEED TO KNOW WHAT EXACTLY WHAT THAT MEANS.
UM, AND YOU NEED TO BE PREPARED TO, TO COMPLY WITH WHAT'S IN THE, THE CITY'S INTERPRETATION OF THAT.
UM, AND IN ADDITION, YOU KNOW, WE'RE ASKED TO ANSWER THIS QUESTION, DID THE ADMINISTRATIVE OFFICIAL ERROR IN THEIR INTERPRETATION OF THE CONSERVATION DISTRICT'S ARCHITECTURAL REG REGULATIONS, WELL, WHO WOULDN'T AIR IN THEIR INTERPRETATION OF IT?
SO, UM, YOU KNOW, I, I'M, I'M INCLINED TO ANSWER THAT QUESTION YES, BECAUSE IT'S DIFFICULT FOR ANYONE TO INTERPRET THIS PARTICULAR COMPONENT, I THINK, OF THIS, OF THIS CONSERVATION DISTRICT REGULATION.
BUT, YOU KNOW, IT'S, IT'S A TOUGH ONE.
I MEAN, IF, IF YOU'RE IN A CONSERVATION DISTRICT, BOY, YOU KNOW, YOU HAVE TO MEET A LOT OF REQUIREMENTS AND ANYTHING YOU DO TO YOUR HOUSE, YOU NEED TO, TO GET PERMISSION FOR IT BEFORE YOU EVEN START.
SO, UM, ANYWAY, THAT'S, THOSE ARE MY COMMENTS.
UH, MY COMMENT FIRST IS TO THE APPLICANT.
THANK YOU FOR, UM, AGAIN, FOR, FOR YOUR DECISION TO MOVE TO DALLAS, INVEST IN A HOME.
UM, I, I CAUTION YOU, AGAIN, FOR YOU AND ANYONE ELSE THAT GOES INTO A CONSERVATION OR HISTORIC PRESERVATION DISTRICT, THAT THAT BURDEN IS ON YOU.
[02:50:01]
THE BURDEN ON THE CITY IS TO MAKE SURE WE, WE ESTABLISH RULES AND WE'RE CLEAR ABOUT THE RULES, AND WE HAVE CLEAR, CONSISTENT ENFORCEMENT IN THE RULES, IN MY OPINION, ONE PERSON'S OPINION.UH, I DON'T THINK WE'VE HAD CONSISTENT ENFORCEMENT, AND I DON'T THINK WE HAVE CLEAR GUIDELINES.
THERE IS TOO MUCH MILK TOES, THERE'S TOO MUCH MUD GOING ON HERE.
UM, IT'S IMPACTFUL TO ME FOR A FORMER CITY COUNCIL MEMBER TO COMMUNICATE.
YOU INTRODUCED IT INTO EVIDENCE, UH, OF HER INTERPRETATION OF THE ORDINANCE.
UM, IT'S WAS VERY CONFUSING TO ME FROM HEARING FROM, UM, THE CITY SIDE ABOUT WHAT IS OR IS NOT IN THE ORDINANCE CURRENTLY, OR NOT UNDERLINED OR CROSSED OUT OR NOT, UM, TO USE ONE EXPRESSION, UM, BLONDE AND LIGHT COLORED, BRICK COMPATIBLE VERSUS, UH, MUST MATCH.
SO THERE'S A LOT OF CONFUSION.
I I ABSOLUTELY WANNA BE SUPPORTIVE OF THE PROFESSIONAL CITY STAFF WHEN THEY GO OUT AND ENFORCE CONSERVATION DISTRICT AND HISTORIC DISTRICTS.
I'VE LIVED IN CONSERVATION DISTRICTS BEFORE, AND THE REASON THAT NEIGHBORS PUT A CONSERVATION DISTRICT IN SOMETIME IS FEAR.
BUT MOST OF THE TIME IT'S PRESERVATION, BUT SOMETIMES IT'S FEAR.
AND THAT CRITERIA OF PRESERVATION IS THEY WANNA MAINTAIN THE QUALITY OF LIFE WITHIN THEIR STREET, WITHIN THEIR NEIGHBORHOOD.
AND WE WANT TO GIVE YOU AS CITY EMPLOYEES THE TOOLS TO DO THAT.
AND WE, WE DON'T WANNA UNDERCUT YOU AFTER THE FACT.
THAT IS NOT WHAT WE WANT TO DO.
BUT THIS IS A MESSAGE FOR, OH, WE'RE IN COUNCIL CHAMBERS, HOW ABOUT THAT? FOR MAYBE THE COUNCIL TO NARROW CLEAN THIS UP AND THAT SORT OF THING.
UM, AND THAT'S ABOVE OUR PAY GRADE.
OUR ROLE HERE IS SIMPLY TO TAKE THE FACTS THAT ARE PRESENTED TO US BY BOTH SIDES, READ AND THEN MAKE A JUDGMENT THAT IS BASED ON THE QUESTION THAT THE ATTORNEY GAVE US.
AND THAT GOES TO, DID THE BUILDING OFFICIAL MAKE AN ERROR IN THE DETERMINATION IN THEIR, OF THEIR JUDGMENT? IN THIS CASE, I WOULD AGREE THAT THERE WAS AN ERROR.
THERE'S TOO MUCH CONFUSION AS FAR AS WHAT THE CODE IS OR IS NOT.
AND THERE WAS TOO MUCH INCONSISTENCY OF THE ENFORCEMENT.
I ASKED THE APPLICANT WHETHER THERE WERE OTHER HOUSES PAINTED OR NOT IN THE STREET, HE SAID.
UM, AND SO THAT TELLS ME THAT THERE'S TOO MUCH CONFUSION FOR ME TO, TO VIEW OTHERWISE, SO I'LL BE SUPPORTING THE MOTION AS WELL.
ANY OTHER DISCUSSION ON THE MOTION? SORRY FOR THE SERMON, BUT I HAD TO GET IT OUT.
MS. MARY, GO AHEAD AND CALL THE VOTE.
MOTION PASSES 50 IN THE MATTER OF B D 2 2 3 46.
UH, THE BOARD UNANIMOUSLY, UH, DETERMINED TO REVERSE THE DECISION OF THE BUILDING OF THE ADMINISTRATIVE OFFICIAL AND GRANT THE RELIEF BY THE APPLICANT.
YOU'LL BE GETTING A LETTER FROM OUR BOARD ADMINISTRATOR TO TESTIFY AS SUCH.
NEXT ITEM FOR THE AGENDA TODAY.
LAST ITEM FOR THE AGENDA TODAY.
IS BDA 2 23 0, 55 B D 2, 23 0 55 IS THE APPLICANT HERE? YES.
IF YOU COME FORWARD, PLEASE JUST GIMME ONE SECOND TO ORGANIZE.
I LOVE MY PAPER, BUT IT'S SOMETIMES OVERWHELMING, BUT I STILL LOVE MY PAPER.
UH, IF YOU WOULD GIVE US, UM, DO I NEED TO REREAD THE RULES THAT I SPECIFIED BEFORE? I WANNA MAKE SURE I'M CLEAR TO YOU.
OH, I'M BEING TOLD BY ATTORNEY.
IT'S RIGHT, IT'S CUZ IT'S A SEPARATE, DISTINCT CASE.
AND SO THE CLOCK STARTS ALL OVER AGAIN.
THANK YOU, MR. BOARD ATTORNEY.
AND WE NEED TO SWEAR YOU IN AS WELL.
UH, MS. MS, UM, WILLIAMS, WOULD YOU PLEASE SWEAR IN THE APPLICANT, THE APPELLANT? 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.
OLIVIA ATO 55 19 RIDGEDALE AVENUE.
MY NEW, MY NEW NAME IS CHOI, BUT MY LICENSE STILL SAYS ACETO.
SO ASTO THE PURPOSE, YOU GOTTA GO BY ONE OR OR THE OTHER.
TODAY YOUR APPLICATION HERE SAYS ACETO, SIR.
THAT THAT'S WHAT WE'RE GOING WITH TODAY.
UH, MY BOARD ATTORNEY ADVISED ME TO REREAD THE RULES IN BECAUSE THIS IS A SEPARATE AND DISTINCT HEARING.
UM, THE SPEAKING TIMES FOR THE APPEALS OF ADMINISTRATIVE OFFICIALS GOVERNED BY OUR, OUR RULES OF PROCEDURE RULE 11 M UNDER THE BOARD'S RULES AS
[02:55:01]
AMENDED APRIL 12TH, NOVEMBER 1ST, UH, THE APPELLANT'S CASE WILL LAST FOR UP TO 20 MINUTES.THE APPELLANT MAY HAVE, MAY GIVE AN OPENING STATEMENT, CALL WITNESSES OR, AND OFFER EVIDENCE.
HOWEVER, IF THE APPELLANT APPELLANT CALLS A WITNESS, THE BUILDING OFFICIAL MAY CROSS-EXAM THE WITNESS FOR UP TO FIVE MINUTES, WHICH DOES NOT COUNT TOWARDS EITHER PARTY'S TIME LIMITATIONS.
THE APPELLANT MAY REDIRECT THEIR WITNESS FOR UP TO FIVE MINUTES, WHICH SHALL NOT COUNT TOWARDS THE APPELLANT'S INITIAL 20 MINUTE TIME PERIOD.
AGAIN, THESE ARE RIGHT OUT OF OUR RULES AND PROCEDURE, WHICH ARE ON OUR WEBSITE.
THE ADMINISTRATIVE OFFICIAL'S CASE WILL LAST FOR UP TO 20 MINUTES.
THEREAFTER, THE ADMINISTRATIVE OFFICIAL MAY GIVE AN OPENING STATEMENT, CALL WITNESSES, AND OFFER EVIDENCE.
HOWEVER, IF THE ADMINISTRATIVE OFFICIAL, UM, UH, HOWEVER, IF THE ADMINISTRATIVE OFFICIAL CALLS A WITNESS, THE APPELLANT MAY CROSS-EXAMINE THAT WITNESS FOR FIVE MINUTES, WHICH DOES NOT COUNT, UH, TOWARD EITHER PARTY'S LIMITATIONS.
THE ADMINISTRATIVE OFFICIAL MAY REDIRECT THAT WITNESS FOR UP TO FIVE MINUTES, WHICH SHALL NOT COUNT AGAINST THAT PERSON'S TIME.
THE APPELLANT AND THE ADMINISTRATIVE OFFICIAL CAN SUBMIT DOCUMENTS TO THE BOARD SECRETARY AS LONG AS THEY COMPLY WITH OUR RULES.
OUR BOARD SECRETARY'S MARY WILLIAMS OVER HERE ON THE LEFT, SO IF YOU WANNA GIVE ANYTHING, YOU'RE WELCOME TO DO THAT.
BOARD MEMBERS MAY ASK QUESTIONS.
AS YOU CAN TELL, WE DO, UH, WHICH WILL NOT COUNT AGAINST YOUR TIME OR THE BUILDING OFFICIALS TIME.
THE APPELLANT MAY HAVE UP TO THREE MINUTES FOR A REBUTTAL AND THREE MINUTES FOR A CLOSING STATEMENT THAT'S AT THE END.
THE ADMINISTRATIVE OFFICIAL ALSO HAS THREE MINUTES FOR A CLOSING STATEMENT.
A MOTION IS REQUIRED TO EITHER AFFIRM, REVERSE OR AMEND THE ADMINISTRATIVE ADMINISTRATIVE OFFICIAL'S DECISION.
UH, IN ORDER FOR US TO ACT AFFIRMATIVELY, UH, IT TAKES FOUR OF THE FIVE MEMBERS TO VOTE IN FAVOR TO, UH, TO REVERSE.
UM, FEEL FREE TO ASK ANY QUESTIONS WHILE I'M GOING.
UH, I THOUGHT IT WOULD BE IMPORTANT JUST TO GIVE A TINY BIT OF BACKSTORY ON WHO I AM.
MY HUSBAND AND I ARE FIRST TIME HOMEOWNERS.
WE MOVED TO DALLAS, UM, QUITE A FEW YEARS AGO, BUT JUST, UM, DURING THE PANDEMIC BOUGHT OUR HOME.
SO WE ARE JUST NOW NEARING THE TWO YEAR MARK OF LIVING IN OUR HOME.
UM, I AM A PROJECT MANAGER AND MY HUSBAND IS A PHYSICIAN AND WE OPERATE PROFESSIONALLY AND PERSONALLY IN THE BLACK AND WHITE.
WE LOVE RULES, WE LOVE TO FOLLOW THEM.
WE GET ALL OF THE INFORMATION WE CAN BEFORE MAKING A DECISION.
WE ARE A HUNDRED PERCENT BOTH IN ON THIS TOPIC.
WE LEARNED EVERY SINGLE RULE WE COULD ABOUT THE CONSERVATION DISTRICT BEFORE MOVING IN.
WE BOTH UNDERSTOOD THAT LIVING IN A CONSERVATION DISTRICT MAY MEAN THAT WE CANNOT REPLACE THINGS OR REPAIR THINGS AS EASILY, BUT WE DID IN FACT READ EVERY SINGLE RULE GIVEN TO US THAT I PROVIDED TO MY HUSBAND.
WHEN WE MOVED IN, OUR REALTOR MADE IT KNOWN THAT WE WERE LIVING IN A CONSERVATION DISTRICT.
SO WE UNDERSTOOD THE RULES RIGHT AS WE MOVED IN BEFORE WE EVEN MOVED OUR PHYSICAL BELONGINGS INSIDE, WE STARTED PAINT ON THE EXTERIOR OF OUR HOME.
FAST FORWARD TO A YEAR LATER WHEN WE RECEIVED A VERY POLITE KNOCK ON THE DOOR STATING THAT WE HAD GONE AGAINST GUIDELINES OF THE COMMUNITY TO PAINT OUR HOME AND WE WERE SERVED WITH OUR, UM, VIOLATION FROM THERE.
UM, THE PROCESS TOOK A LITTLE BIT OF TIME BECAUSE WHEN WE ORIGINALLY HIRED OUR PAINTER, WE ENSURED THAT THAT PAINTER HAD DONE JOBS EXACTLY LIKE THIS BEFORE IN CONSERVATION DISTRICTS SO THAT THE INTEGRITY OF OUR BRICK COULD REMAIN.
WE HIRED THE PAINTER WHO WAS RECOMMENDED TO US BY THE REALTOR, WHICH HAS SOLD MANY HOMES INSIDE OF THE CONSERVATION DISTRICT AND EVEN ON THE STREET OF RIDGEDALE, WE HIRED THAT PAINTER EVEN THOUGH HE WAS AT A HIGHER PRICE THAN OTHER PAINTERS BECAUSE HE HAD EXPERIENCE WITH THIS BRICK SO WE COULD IN UPHOLD THE INTEGRITY OF OUR HOME.
OUR HOME WAS REMODELED IN 2006, SO IT IS NOT THE ORIGINAL HOME.
WE PAINTED OUR HOME AND WE PAINTED IT WHITE.
WE MADE SURE EVEN BEFORE WE DECIDED ON BUYING THIS HOME TO DRIVE THROUGH THE NEIGHBORHOOD, BECAUSE OUR REALTOR, WHEN I PULLED UP TO THAT HOME, I SAID, I DON'T WANNA GO INSIDE.
AND IN CONSERVATION DISTRICTS, I DON'T KNOW WHAT THE RULES ARE.
OUR REALTOR DEFINED TO US AND GAVE TO US ONLINE ON THE M STREET CD WEBSITE, THE LINE ITEM THAT SAID YOU CAN PAINT IT FOR FLUORESCENT PURPLE IF YOU WOULD LIKE.
I THEN WENT IN AND READ THE ENTIRE ORDINANCE FRONT TO BACK AGAIN AND AGAIN AND HAD MY SISTER WHO WANTS TO REMIND ME HERE THAT ALTHOUGH SHE IS A LAWYER, THIS WAS NOT LEGAL, UH, LEGAL ADVICE.
SHE READ THROUGH IT AND STATED, IT'S A LITTLE CONFUSING, BUT HERE IT SAYS THAT AS LONG AS IT MATCHES, YOU ARE OKAY.
AND AS A POINT THAT WAS MADE IN THE
[03:00:01]
PREVIOUS CASE I WOULD LIKE TO BRING UP AGAIN RIGHT HERE IS I AM WEARING BLACK PANTS AND A BLACK SHIRT.THEY MATCH, THEY LOOK GOOD TOGETHER, BUT THEY ARE NOT THE SAME TONE COLOR IS PROVIDED IN THIS DOCUMENT, BUT TONE IS NOT.
I AM A WOMAN WHO LIKES FASHION.
THREE PIECES CAN BE THE SAME COLOR, BUT THE TONE OF THOSE COLORS MAY BE DIFFERENT.
IT IS A LIGHTER CREAM, BUT IT IS STILL CREAM.
LOOKING BACK ON THIS PROCESS, WHEN YOU SAY IT'S A LIGHTER CREAM BUT STILL CREAM, YOU MEAN COMPARED TO THE ORIGINAL COLOR COMPARED TO THE BRICK OF THE HOUSE THAT WE ORIGINALLY PURCHASED, THE PAINT THAT IS NOW PUT ON IS IN THE SAME COLOR FAMILY OF A CREAM, BUT IT IS A LIGHTER TONE.
THE RIGHT THE WAY THAT WE CHOSE THAT TONE OF CREAM IS DRIVING UP AND DOWN THE STREET OF RIDGEDALE AND THROUGH THE REST OF THE M STREETS TO FIND HOUSES THAT WE ENJOYED THE SHADE AND TONE OF THEIR HOME.
WE FOUND THREE HOUSES, WROTE THE NUMBERS DOWN AND GAVE THOSE NUMBERS TO OUR PAINTER.
HE HAD DONE ONE OF THE HOMES AND SAID, LET ME LOOK INTO MY ARCHIVES TO FIND THAT EXACT COLOR.
I SAID, IT LOOKS GREAT ON THAT HOME.
THIS WILL NOT DRAW AWAY FROM THE, AS THE FACADE, THE AESTHETICS OF THE NEIGHBORHOOD.
IT WILL ACTUALLY MAKE US FIT IN MORE.
WHAT I WAS TOLD, AND I'M NOT SURE IF THIS IS FACT, BUT THIS IS THE INFORMATION THAT I WAS GIVEN.
SO I WILL MOVE FORWARD WITH IT AS FACT.
WHEN WE PURCHASED OUR HOME, THE TRIM ON OUR HOME WAS SALMON, A PINK COLOR.
I ASKED WHEN I READ FRONT TO BACK THIS ORDINANCE IF THAT SALMON WAS ORIGINAL.
THE SALMON WAS NOT ORIGINAL FROM WHAT I WAS TOLD, IT WAS BLACK.
WE RESTORED THE TRIM TO BLACK.
WE BELIEVE THAT RESTORING IT TO BLACK ACTUALLY FITS IN MORE AESTHETICALLY WITH THE ENTIRE NEIGHBORHOOD, NOT JUST OUR STREET.
EVEN FURTHER THAN THAT, WE HAD OUR PAINTER SUBMIT A CD APPLICATION OF APPROPRIATENESS WHERE HE TOOK THE PAINT SAMPLES, THE, THE PICTURES OF THE CHIPS THAT HE WAS USING.
AND ALTHOUGH HE DID IT INCORRECTLY TO OUR KNOWLEDGE, WAS DONE CORRECTLY.
HE SUBMITTED AN APPLICATION OF APPROPRIATENESS TO THE CITY OF DALLAS.
HOWEVER, IT WAS THE LANDMARK COMMITTEE.
NOW, US BEING FIRST TIME HOME HOMEOWNERS, WE DID NOT UNDERSTAND THE DIFFERENCE BETWEEN THE LANDMARK COMMITTEE THAT IS ALSO UNDER THE CITY OF DALLAS AND THE CONSERVATION DISTRICT.
LOOKING BACK, WE SHOULD HAVE TRIPLE CHECKED THAT FIVE TIMES OVER.
BUT ON OUR END, AS YOU CAN IMAGINE, READING THESE DOCUMENTS AND SEEING HOW COMPLEX THEY ARE, WE TRULY BELIEVE THAT WE WERE DOING THE CORRECT THING.
HE PUT IN THAT CERTIFICATE OF APPROPRIATENESS AND WE PAINTED THE HOUSE TO ABSOLUTE COMPLETION.
OUR HOUSE HAS BEEN PAINTED AND COMPLETE FOR TWO YEARS.
IT TOOK UNTIL A ONE YEAR AND ONE MONTH MARK THAT WE WERE NOTIFIED THAT THIS WAS A VIOLATION.
UPON THAT IT TOOK A LITTLE WHILE.
WE WENT BACK AND FORTH WITH THE PAINTER.
THIS WON'T BECOME AGAINST YOUR TIME.
YOUR, UM, YOUR APPLICATION TO THE BOARD OF ADJUSTMENT FOR APPEAL IS DATED APRIL 7TH.
THE LETTER, THE LETTER THAT YOU RECEIVED FROM THE CITY IS DAVID APRIL 6TH.
MM-HMM
I'M NOT SURE OF THE DAY OF 2022.
SO WE WERE GIVEN THAT LETTER I WE'VE GOT MORE QUESTIONS FOR YOU.
YEAH, SORRY, I DIDN'T WANNA FORGET THIS.
DID THE LANDMARK, UM, COMMITTEE APPROVE THE DESIGN? IT'S THE LANDMARK COMMISSION.
UH, OUR PAINTER DID, REP DID RECEIVE IN THE MAIL AN APPROVAL.
AND I HAVE THE DOCUMENT ON AN EMAIL.
I DID NOT GET CHANCE TO SUBMIT IT.
I THINK THERE WAS A LITTLE CONFUSION WITH WHEN MY CASE WOULD PRESENT, SO I DID MISS UM, I WAS GIVEN THE EMAIL TO PRESENT DOCUMENTS TWO DAYS AFTER THE DEADLINE.
SO I WAS NOT ABLE TO PRESENT THAT DOCUMENT HERE TODAY.
BUT I DO HAVE THAT, UM, ON MY PHONE.
UM, SO WE DID ON OUR END THINK THAT WE'VE RECEIVED APPROVAL AND SINCE WE CHOSE THAT PAINT COLOR FROM HOUSES ON OUR STREET, WE THOUGHT NOTHING OF IT.
IT'S BEEN MENTIONED VERY, UH, SO MANY TIMES HERE TODAY.
INTERPRETATION, MY INTERPRETATION, WHAT I THINK FROM THIS, WE INTERPRETED THIS DOCUMENT TO THE BEST OF OUR ABILITIES AND DOUBLE CHECKED EACH BOX.
HOWEVER, THE SMALL GUIDELINES THAT WE WERE GIVEN MATCH, WE FOLLOWED THAT WE WERE NEVER SHOWN ANYTHING OR GIVEN ANYTHING DURING THE PROCESS THAT WOULD HELP US.
WE'RE AT THIS POINT NOW STRIPPING THE BRICK, NOT ONLY WOULD IT ACTUALLY HURT THE BRICK BECAUSE IN ORDER TO GET THE BRICK OUT OF THE SCRATCH FACING, YOU WOULD NEED TO SAND THE BRICK DOWN TO GET ALL OF THE PAINT REMOVAL
[03:05:01]
OUT, WHICH WOULD THEN ACTUALLY GO DIRECTLY AGAINST THE RULES AND REGULATIONS VERBATIM, WHICH ARE GIVEN THAT IT WOULD HAVE TO BE A TEXTURED OR SCRATCH FACE BRICK IN ORDER TO GET THE PAINT AWAY, WE WOULD HAVE TO STAND IT DOWN TO SMOOTH BRICK.AND THAT IS, I HAVE BEEN GIVEN QUOTES DURING THIS PROCESS.
WE'RE TRYING TO BUY INVESTMENT PROPERTIES.
THIS IS HONESTLY IT, IT IS AN ABSOLUTE MESS TO LOOK AT THESE DOCUMENTS AND TO TRY AND HOPE THAT MY INTERPRETATION MATCHES THE INTERPRETATION OF 16 OTHER ESTEEMED INDIVIDUALS IN THIS ROOM.
FURTHER THAN THAT, UM, LOOKING AT THE DOCUMENT WHERE IT STATES PREVIOUSLY UNPAINTED, THAT IS NOT THE DOCUMENT VERSION THAT IS PROVIDED ONLINE AS WELL AS THE FACT THAT I WOULD REALLY IMPLORE INDIVIDUALS BOTH INSIDE AND OUTSIDE OF THIS ROOM TO EITHER TAKE DOWN THE M STREET CD WEBSITE SO THAT IT IS NOT ON THERE, WHICH IS VERBATIM PAINTING.
UNPAINTED BRICK IS NOT ILLEGAL OR NOT PROHIBITED.
YOU CAN PAINT YOUR HOUSE FLUORESCENT PURPLE.
SO I WOULD REALLY IMPLORE THAT NOT ONLY DO WE GET THIS DOCUMENT SORTED, WE GET THE M STREET'S CD WEBSITE TAKEN DOWN OR AMENDED WITH THE CORRECT DOCUMENTS.
AND THEN EVEN FURTHER THAN THAT, I DO BELIEVE THAT AS SOMEONE WHO LIVES IN A CONSERVATION DISTRICT, YOU HAVE A OBLIGATION TO UPHOLD THE COMMUNITY WHICH YOU BOUGHT INTO.
I DO THINK THAT IT WOULD BE VERY, VERY PURPOSEFUL FOR PACKETS TO BE GIVEN OUT, WHICH CLEARLY STATE THE RULES TO NEW HOMEOWNERS.
WHETHER THAT'S SOMETHING THAT IS, WOULD BE REQUIRED TO SHOW AT OPEN HOUSES OR REQUIRED UPON CLOSING, BECAUSE I AM A PROJECT MANAGER, I DO CHECK SHEETS FOR A LIVING.
I REALLY STRUGGLED TO FIND THIS STUFF.
SO I CANNOT IMAGINE HOW DIFFICULT IT WOULD BE FOR SOMEONE WHO IS MAYBE LESS LITERATE OR HAS A LANGUAGE BARRIER TO FIND THIS INFORMATION.
DALLAS IS AN INCLUSIVE CITY AND EVERYTHING ON OUR WEBSITES NEED TO BE INCLUSIVE ALSO.
YOU STILL HAVE TIME? IS THAT IT? I THINK THAT'S IT.
UH, IS THERE ANYONE ELSE THAT YOU WANTED TO CALL TO SPEAK? NO, SIR.
UM, QUESTIONS FROM THE BOARD FOR THE APPLICANT FOR MS. AIO? ACETO.
UH, YOU MENTIONED THAT, UM, THE PAINTER HAD ACTUALLY PAINTED ONE OF THOSE PREVIOUS HOUSES.
I DON'T SUPPOSE YOU KNOW WHEN HE PAINTED THAT HOUSE.
SO, UM, THE PAINTER, HE, HE DID LET ME KNOW.
HOWEVER, THE NEIGHBOR THAT GOT THE HOUSE PAINTED, IT WAS IN 2019 AND HE RECENTLY CAME OVER AND KNOCKED ON MY DOOR CUZ HE SAW MY SIGN IN THE FRONT YARD SAYING IT WAS THE APPEAL.
HE DID LET ME KNOW THAT HE WENT THROUGH THIS EXACT PROCESS AND THAT HE DID NOT HAVE TO REMOVE THE PAINT FROM HIS HOME AS WELL.
MULTIPLE OF THE HOUSES THAT HE'S PAINTED INSIDE THE CONSERVATION DISTRICT ARE PAINTED THE EXACT SAME COLOR OF CREAM.
UM, I DID ACTUALLY REACH OUT TO THE PAINTER ON MY OWN VOLITION AND ON THE REQUEST OR COMMENT OF SHERRY TO LET HIM KNOW THAT THIS PROCESS WAS NOT THE CORRECT PROCESS.
SO HOPEFULLY THAT WOULD ALLEVIATE SOME OF THESE ISSUES IN THE FUTURE IF IT IS IN FACT PROHIBITED TO PAINT THE BRICK.
OTHER QUESTIONS? OKAY, HANG LOOSE.
WE'RE GONNA GO HERE FROM THE OTHER SIDE.
AND THEN YOU, WE MAY HAVE QUESTIONS COMING BACK.
DO YOU UNDERSTAND I'M NOT BEING SARCASTIC
YOU UNDERSTAND THE RULES? YOU HAVE 20 MINUTES TO PRESENT AND A THREE MINUTE, UH, UH, CLOSING STATEMENT AS WELL.
DO YOU NEED TO SWEAR ME IN? OH NO, YOU'RE, SHE'S SWORN, PREVIOUSLY SWORN.
UH, THANK YOU MR. CHAIRMAN AND MEMBERS OF SWORN, IF YOU GIVE US YOUR NAME AND ADDRESS.
UH, MY NAME IS STACY RODRIGUEZ.
I'M, UH, AN ASSISTANT CITY ATTORNEY IN THE LITIGATION DIVISION OF THE CITY ATTORNEY'S OFFICE.
I'M HERE TODAY REPRESENTING THE BUILDING OFFICIAL.
UH, MY ARGUMENT IS THE SAME, UH, IN THIS MATTER AS IT WAS WITH THE MORNING SIDE MATTER, WHICH IS, UH, THAT THE BUILDING OFFICIAL'S JOB IS TO INTERPRET THE CONSERVATION DISTRICT ORDINANCE.
UH, THERE IS, UM, LONGSTANDING FOR SEVERAL YEARS INTERPRETATION IN THAT DEPARTMENT THAT PAINTING PREVIOUSLY UNPAINTED EXTERIOR BRICK IN CD NINE, UM, IS NOT ALLOWED.
IT IS INCONSISTENT WITH THE ORDINANCE.
UNDERSTAND WHAT YOUR COMMENTS WERE LAST TIME.
[03:10:01]
HOWEVER, UH, OUR ARGUMENT IS BASED ON, UM, IS BASED ON THE FACT THAT REMODEL IS DEFINED IN THE ORDINANCE.IT IS DEFINED AS A REPAIR THAT CHANGES THE APPEARANCE OF THE MAIN STRUCTURE.
WE STILL CONTEND THAT PAINTING PREVIOUSLY UNPAINTED BRICK DOES CHANGE THE APPEARANCE OF THE MAIN STRUCTURE.
UH, I UNDERSTAND THE APPELLANT, UH, THE APPLICANT TALKED ABOUT, UH, OTHER HOMES IN THE CONSERVATION DISTRICT THAT MAY HAVE BEEN PAINTED.
UM, HER PAINTER MAY HAVE DONE OTHER WORK IN THE CONSERVATION DISTRICT.
UM, NONE OF THAT IS IT, YOU KNOW, PROOF OF THAT IS NOT IN THE RECORD BEFORE YOU DON'T THINK IT SHOULD BE TAKEN INTO ACCOUNT.
UM, THE ORDINANCE, UM, WE SUBMIT IS CLEAR, UH, AND AGAIN, IT IS THE BUILDING OFFICIAL'S JOB TO INTERPRET THAT ORDINANCE.
AND, UM, WE SUBMIT THAT THE BUILDING OFFICIAL'S INTERPRETATION WAS NOT AN ERROR AS A MATTER OF LAW, UH, BUT IS CONSISTENT WITH HIS, UH, OR THE DEPARTMENT'S INTERPRETATION OF THE SPECIFIC LANGUAGE OF THE ORDINANCE.
I DO WANT TO CLARIFY ONE THING FROM LAST TIME, AND AGAIN, I APOLOGIZE FOR THE CONFUSION.
UH, JUST SO YOU KNOW, DUE TO THE, THE RANSOMWARE ATTACK, I ONLY GOT THESE MATERIALS, UM, VERY RECENTLY.
DIDN'T HAVE A LOT OF TIME TO, UH, REVIEW EVERYTHING BEFORE PREPARING OUR LETTER AND, AND APPEARING HERE TODAY.
BUT IN THE AMENDED ORDINANCE 2 89 46, UM, SUBPART Q WAS ADDED TO THE ORDINANCE, BUT IT REFERS TO SUB AREA ONE.
AND I THINK IT IS CLEAR WHEN YOU LOOK AT THE ORDINANCE, THAT SUB AREA ONE REFERS TO SOME COMMERCIAL PROPERTY THAT'S SPECIFICALLY DEFINED.
SO, SO THE WHOLE CONSERVATION DISTRICT IS NOT IN FACT SUB AREA ONE.
SO I WAS MISTAKEN WHEN I SAID THAT BEFORE.
THAT WAS MY INTERPRETATION ON THE FLY AS I WAS STANDING UP HERE BEFORE YOU.
HOWEVER, UH, THE LANGUAGE THAT IS IN THE ORDINANCE, WE BELIEVE, UM, UH, IS, UH, IN REASONABLY INTERPRETED TO, UM, TO SUPPORT THE INTERPRETATION OF THE BUILDING OFFICIAL.
AGAIN, MELISSA PARENT WITH THE CONSERVATION DISTRICT STAFF IS HERE IN CASE YOU HAVE ANY QUESTIONS.
STEELE, SHE IS THE SENIOR ZONING INSPECTOR.
SHE'S FAMILIAR WITH THIS SPECIFIC PROPERTY.
UM, AND MY UNDERSTANDING IS THAT THERE, THERE HAVE BEEN OCCASIONS IN THE PAST WHERE HOMEOWNERS WITH PAINTED BRICK HAVE NEEDED TO STRIP THE PAINT OFF OF THEIR BRICK, AND THEY HAVE DONE SO WITHOUT PROBLEMS. I CAN'T POINT YOU TO A SPECIFIC ADDRESS, BUT THAT IS WITHIN MS. STEELE'S EXPERIENCE AS A SENIOR ZONING INFE, UH, INSPECTOR FOR THE CITY.
AND SHE IS AVAILABLE TO ANSWER QUESTIONS ABOUT THAT IF YOU SO DESIRE.
WITH THAT, UNLESS THERE ARE ANY QUESTIONS, UM, THANK YOU FOR YOUR TIME AND AGAIN, WE, WE URGE THE BOARD TO AFFIRM THE DECISION OF THE BUILDING OFFICIAL.
QUESTIONS? MR. NA? THANK YOU MR. CHAIRMAN.
I HAVE A QUESTION, UH, THAT HOPEFULLY YOU OR STAFF WOULD BE ABLE TO ANSWER.
WERE THERE ANY VIOLATIONS OR STOP ORDERS ISSUED WITH, SPECIFICALLY WITH REGARD TO PAINTING IN THIS CONSERVATION DISTRICT PRIOR TO THE, UH, INTERPRETATION MANUALS CHANGE IN OCTOBER OF 2019? I, I WILL ASK STAFF TO, UH, TO HERE IF THEY CAN COME UP AND ANSWER THAT QUESTION, BUT, UM, I WOULD ALSO JUST IN RESPONSE SAY THAT, THAT THE 2019 INTERPRETATION WAS NOT A CHANGE, IT WAS A WRITING DOWN OF WHAT THE INTERPRETATION WAS.
SO UP UNTIL, SO JUST, JUST THE, THE, THE, UM, UP UNTIL, SO WHAT YOU'RE SAYING IS UP UNTIL OCTOBER OF 2019, NOTHING WAS WRITTEN DOWN WITH REGARD TO THIS.
THAT IS MY UNDERSTANDING THAT THIS WAS THE FIRST WRITTEN INTERPRETATION, BUT THAT IT WAS CONSISTENT WITH WHAT THE INTERPRETATION HAD ACTUALLY BEEN AND WHAT DATE, WHAT DATE WERE WE SPEAKING TO? UH, I THINK, UM, UM, MR. NE WAS ASKING ABOUT THE BUILDING OFFICIALS, UM, I'M SORRY, THE CONSERVATION DISTRICT'S, UM, INTERPRETATION MANUAL DOCUMENT, WHICH IS EXHIBIT E IN OUR PRESENTATION.
UH, CAN YOU REPEAT THE QUESTION? IT WAS ABOUT, UM, VIOLATIONS.
THE CITY HAD ISSUED ANY VIOLATIONS OR STOP ORDERS, UM, REGARDING PA, SPECIFICALLY REGARDING PAINTING BEFORE THIS, UM, INTERPRETATION, MANUAL CLARIFICATION ON IN OCTOBER OF 2019.
YES, THEY HAVE, THEY HAVE RECEIVED VIOLATIONS BEFORE.
[03:15:01]
WE'VE HAD SEVERAL PROPERTIES THAT HAVE BEEN ASKED TO, UH, REMOVE THE PAINT FROM THEIR BRICK.UM, I DID NOT START HERE UNTIL, OR AT LEAST IN THIS DEPARTMENT, UNTIL 2021, SO I CAN'T SPEAK TO SPECIFIC ADDRESSES.
UM, BUT SHERRY WAS HERE FOR A BIT LONGER.
SHE MIGHT BE ABLE TO SPEAK ABOUT SOME SPECIFIC ADDRESSES THAT HAD VIOLATIONS ON THEM.
I JUST, I, I DON'T NEED SPECIFICS.
I JUST WANTED TO KNOW IF IN FACT, VIOLATIONS WERE ISSUED TO OTHERS OR STOP ORDERS WERE GIVEN TO OTHERS PRIOR TO THE STATE AND THEY'VE CONTINUED TO, SO SOME OF THE ONES, SOME OF THE HOUSES THAT THEY MAY HAVE BEEN SPEAKING ABOUT THAT THEY'VE NOTICED HAVE POPPED UP WITH PAINT, SOME OF THOSE MAY BE COMING BEFORE YOU IN THE COMING MONTHS, OR THEY MAY BE TRYING TO REMOVE THE PAINT AT THIS TIME.
SO JUST BECAUSE SOMETHING HAS BEEN PAINTED DOESN'T MEAN THAT THEY WERE ALLOWED TO NECESSARILY, A LOT OF PEOPLE TEND TO DO THINGS WITHOUT SENDING US OUR, THEIR WORK REVIEWS PRIOR TOO.
MR. NE OTHER QUESTIONS FOR THE APP? FOR THE RE THE ATTORNEY, FOR, UH, THE BUILDING OFFICIAL.
QUESTIONS FOR EITHER THE APPELLANT OR FOR, UM, THE BUILDING OFFICIAL EITHER SIDE.
IF NOT THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HOLCOMB HAVING FULLY REVIEWED THE DECISION OF THE ADMINISTRATIVE OFFICIAL OF THE CITY OF DALLAS IN APPEAL NUMBER BDA 2 23 DASH 55 ON APPLICATION OF OLIVIA ATO AND HAVING EVALUATED THE EVIDENCE PERTAINING TO THE PROPERTY AND HEARD ALL TESTIMONY IN FACT SUPPORTING THE APPLICATION, I MOVE THAT THE BOARD OF ADJUSTMENT REVERSED THE DECISION AT THE ADMINISTRATIVE OFFICIAL AND GRANT THE RELIEF REQUESTED BY THIS APPLICANT IN THE MATTER OF BDA 2 2355.
UH, MOTIONS BEEN MADE BY MR. HOLCOMB TO REVERSE THE DECISION OF THE BUILDING OF, OF THE ADMINISTRATIVE OFFICIAL AND GRANT THE RELIEF REQUESTED BY THE APPLICANT.
IS THERE A SECOND? SECOND SECONDED BY MS. DAVIS.
IT'S BEEN MOVED AND SECONDED MR. HALCOMB DISCUSSION.
I, UM, MY INTERPRETATION OF THE CONSERVATION DISTRICT ORDINANCES IS THAT THE HIGH TUTOR SECTION IS SEPARATE FROM, FROM THE, UH, SUB ZONE EIGHT WHAT SUB AREA? A, UH, IN SECTION O AND THEREFORE PAINTING IS NOT A CRITERIA SPECIFIED IN THE HIGH TUTOR, UM, UM, CONSERVATION DISTRICT REQUIREMENTS.
SO THEREFORE, UH, I BELIEVE THE OFFICIAL MADE A, AN ERROR IN, UM, PROHIBITING THE PAINTING OF THE STRUCTURE.
MS. DAVIS, UH, I'M GOING TO AGAIN CITE LACK OF CLARITY IN THE ORDINANCE, WHICH IS WHY I'M SUPPORTING THIS MOTION.
OTHER DISCUSSION ON THE MOTION? NO DISCUSSION IN THE MOTION.
THE BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION PASSES FIVE ZERO IN THE MATTER OF BDA 2 23 0 55.
UM, THE BOARD UNANIMOUSLY HAS DETERMINED TO REVERSE THE DECISION OF THE ADMINISTRATIVE OFFICIAL AND GRANT THE RELIEF REQUESTED BY THE APPLICANT.
YOU'LL BE RECEIVING A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
THAT IS THE LAST ITEM ON OUR AGENDA TODAY.
UH, BOARD MEMBERS ARE NEXT BOARD OF ADJUSTMENT PANEL.
A HEARING IS TUESDAY, JUNE 20TH, 10:30 AM BRIEFING TUESDAY, JUNE 20TH, 10:30 AM BRIEFING.
WE HAVE FIVE CASES THAT HAVE BEEN ASSIGNED TO US.
UM, I I RECALL THAT MS. HAYDEN SAID THAT SHE WOULD BE MISSING OR INACTION AND WE'RE GONNA GET AN ALTERED FOR HER AND POTENTIALLY MR. NE AND I ALSO MADE MENTION THAT I'M GONNA BE DELAYED FOR THAT MEETING, UH, CUZ I'M GONNA, I'VE BEEN ASKED TO ATTEND THE INAUGURATION AND SO I'M WILL BE, UH, THE BOARD PANEL WILL BE NEEDING GETTING TO, UH, ASKING MR. HOLCOMB TO SERVE AS A TEMPORARY CHAIRPERSON UNTIL WE BOOT HIM OFF.
UH, SO ANY OTHER MATTERS FOR THE BOARD TODAY? HEARING NONE, THE CHAIR WOULD ENTERTAIN A MOTION TO ADJOURN.
MR. CHAIRMAN, I ADJO, UH, MOVE THAT WE ADJOURN.
IS THERE A SECOND? I'LL SECOND.
THOSE OPPOSED? UH, IT IS 4:19 PM ON THE 16TH OF MAY.
BOARD OF ADJUSTMENT PANEL IS HEREBY ADJOURNED.