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[00:00:02]

THANK YOU.

[Board of Adjustments: Panel B on May 17, 2023]

OKAY.

GOOD AFTERNOON.

MY NAME IS SHERRY GABO AND I'M THE VICE CHAIR FOR THE BOARD OF ADJUSTMENTS TODAY, WEDNESDAY, MAY 17TH, 2023.

IT IS 1:02 PM UM, WE ARE RECORDING.

OH, OKAY.

SORRY.

GIVE US JUST A SECOND.

TECHNICAL DIFFICULTIES.

WE NEED TO PULL THIS OFF.

CONSENT SHOULDN'T BE OKAY.

WELL, OH, WAIT A MINUTE.

SOME OF THESE ARE TIED TO EL SITE PLANS AND ELEVATIONS.

SOME OF THESE ARE TIED TO SITE PLANS AND ELEVATIONS.

IS THAT RIGHT? YEAH.

ON THAT, BECAUSE THEY'RE, YEAH.

OKAY.

ARE WE RECORDING? OKAY, WE WILL START OVER.

GOOD AFTERNOON.

MY NAME IS SHERRY GABO.

I'M THE VICE CHAIR FOR THE BOARD OF ADJUSTMENTS TODAY, UH, WEDNESDAY, MAY 17TH, 2023.

IT IS 1:06 PM UM, AS I SPOKE THIS MORNING, UM, AT ABOUT 1230 OR 10 30, 11 30 12, 12 30, 12 30, UM, WE ARE GOING TO CONTINUE WITH OUR BRIEFING.

WE HAVE TWO ADDITIONAL CASES TO BRIEF BEFORE WE START THE PUBLIC HEARING.

SO WE WILL BE BRIEFING CASE BDA 2 23 DASH 0 0 4 AND BDA 2 23 DASH 0 23.

AND THEN WE WILL, UM, START THE PUBLIC HEARING THIS MORNING.

SO SIT TIGHT.

IT'LL PROBABLY TAKE US ABOUT 30 ISH MINUTES, I THINK.

DO YOU WANNA LET THEM KNOW THAT THIS, THE PUBLIC PORTION OF THIS HEARING IS STILL CLOSED UNTIL AFTER THE BRIEFING? YEP.

SO, AND JUST TO REITERATE THAT THE PUBLIC PORTION OF THE HEARING IS STILL CLOSED UNTIL AFTER THE BRIEFING.

AND AT THAT POINT, WE WILL START TO CALL CASES AND YOU'LL HAVE TIME TO SPEAK.

BUT DURING THESE BRIEFINGS, UM, NO ONE IN THE AUDIENCE IS ALLOWED TO SPEAK EXCEPT FOR, UM, THE PANEL AND STAFF.

SO WE WILL START WITH BDA 2 23 DASH 0 0 4, WHICH IS 2 0 2 BECKLEY MEAD.

THIS IS BDA 2 23 DASH 0 0 4 AT 2 0 2 BECKLEY MEAD AVENUE.

JUST WANNA, UH, LET YOU ALL KNOW THAT THIS CASE WAS INHERITED FROM A PREVIOUS, UM, PLANNER.

SO IF YOU ALL HAVE QUESTIONS THAT I MAY NOT ASK, I'LL JUST DEFER YOU TO THE APPLICANT.

THIS IS THE LOCATION OF 2 0 2 BECKLEY MEAD, OUTLINED IN BLUE IS 2 0 2 BECKLEY MEAD ON THE AREA MAP.

[00:05:01]

IT'S ZONE R 75, AND YOU WILL SEE IT HIGHLIGHTED IN YELLOW.

THIS IS THE REQUEST FOR A VARIANCE OF THREE FEET TO THE SIDE YARD SETBACK REGULATIONS.

AND IT'S MADE TO MAINTAIN A APPROXIMATELY 7,000 SQUARE FOOT CHURCH STRUCTURE THAT IS LOCATED SEVEN FEET FROM THE SITE SOUTHERN SIDE PROPERTY LINE.

THEY ALSO, IF I'M NOT MISTAKEN, ADDED A REQUEST FOR, UH, LANDSCAPING.

AND I CAN LET PHIL, UM, GIVE YOU ALL THAT REQUEST, THE ADDITIONAL REQUEST FOR A LANDSCAPE SPECIAL EXCEPTION TO THE ARTICLE 10 PROVISIONS.

AND WE PRESENT AN ALTERNATIVE LANDSCAPE PLAN.

UH, I DON'T GO FOR IT.

GO.

THIS IS A PROPOSED SITE PLAN FOR THE ORIGINAL REQUEST, ANOTHER SITE PLAN, AND THE NEXT FEW SLIDES WILL BE THE SITE.

AND I BELIEVE IT'S LAGGING, SO I'M GONNA GIVE IT A MOMENT TO CATCH UP.

ALL RIGHT.

NOW WE'LL MOVE TOWARDS THE SURROUNDING SITES.

ALL RIGHT.

THIS IS, UM, A LITTLE FURTHER DOWN THE STREET.

ALL RIGHT.

AND THIS IS AN INTERSECTION AND WE'RE BACK AT THE SITE ON THE SIDE OF IT.

THIS IS LOOKING DIRECTLY ACROSS THE STREET.

ALL RIGHT.

ON THE SCREEN, YOU WILL SEE THE ZONING REGULATIONS FOR THE R 75 ZONING DISTRICT, BUT THAT, BECAUSE IT'S A CHURCH, THIS DOESN'T NECESSARILY APPLY.

RIGHT.

DOES IT STILL APPLY? HOW DOES THAT WORK? ARE YOU ASKING SINCE IT'S BECAUSE OF CHURCH, THEY DON'T HAVE TO YES.

COMPLY WITH THE R 75, OR DO THEY, SO I GUESS BECAUSE IT'S A COMMERCIAL USE, IT'S A CHURCH AND YOU CAN, THEY'RE ALLOWED BY RIGHT, ANYWHERE IN THE CITY.

YES.

HOW DOES THAT APPLY? SORRY, , HOW DOES THAT APPLY TO THIS, THIS ORDINANCE? UH, TO THE, TO, SORRY.

THIS DISTRICT, WELL, NOT NECESSARILY, IT'S JUST LETTING YOU KNOW THAT IT'S LOCATED IN THAT ZONING DISTRICT.

OKAY.

BUT THEY DON'T NECESSARILY HAVE TO.

SO THEN COMPLY WITH, IF IT'S IN THIS DISTRICT, WHAT REQUIREMENTS DO THEY HAVE TO MEET? DO THEY HAVE TO MEET SETBACKS AND ALL THAT OF THE R SEVEN 15 DISTRICT? OR DO THEY HAVE DIFFERENT REQUIREMENTS BECAUSE THEY'RE A COMMERCIAL CHURCH USE? DIANA'S GONNA ANSWER THAT QUESTION.

OKAY.

[00:10:01]

COMMERCIAL.

OKAY.

ALL RIGHT.

SO THE ORIGINAL REQUEST FOR THE VARIANCE, WE ARE RECOMMENDING DENIAL, BUT FOR THE LANDSCAPE REGULATIONS, I'M GONNA LET PHIL ANSWER THAT PORTION.

OKAY.

I HAD SUBMITTED A, UH, RECOMMENDATION LETTER TO, UH, NIKKI DUNN, UH, IN APRIL, UH, STATING NO OBJECTION TO THE PLAN THAT WAS PRESENTED.

I WILL SAY THERE HAD BEEN MULTIPLE REVISIONS TO THE ALTERNATE LANDSCAPE PLAN SINCE THAT POINT.

ES ESSENTIALLY BECAUSE OF SOME COMMENTS I MADE IN THAT LETTER, UH, THERE WAS MODIFICATION TO IDENTIFY WHERE THAT 10 FOOT BUFFER IS ON THE WEST SIDE OF THE KLAN.

UM, AND THEN THERE'S ALSO, UH, ADJUSTMENT FOR SOME PLANT AND SPECIES PLACED ALONG THE, WITHIN THE PROPERTY.

ESSENTIALLY WHAT IS SHOWN ON THE REVISED PLAN, WHICH I DO NOT CURRENTLY HAVE A COPY WITH ME, BUT THE APPLICANT WILL HAVE A TIME OF HEARING, UH, IS AN, AN ADJUSTMENT TO IDENTIFY ESSENTIALLY WHAT YOU'RE, WHAT IS ON THE APP, APPROVE, UH, THE PLAN THAT WAS SUBMITTED, BUT, BUT WITH SOME MODIFICATIONS TO ADDRESS SOME EXISTING TREES THAT ARE ON THE PROPERTY, SOME ADJUSTMENT TO WHERE SOME OF THE PARKING IS LOCATED.

AND SO ESSENTIALLY THERE WAS SOME MINOR MODIFICATIONS TO THE PLAN THAT WAS ORIGINALLY SUBMITTED.

SO I HAVE TO CALL IT A REVISED ALTERNATE LANDSCAPE PLAN, UH, FOR THE HEARING.

THEN.

SO SINCE WE DON'T HAVE THE REVISED SITE PLAN, DO WE EVEN KNOW IF IT MATCHES WHAT THE ASK IS IN TERMS OF THE VARIANCE FOR THE, FOR THE LANDSCAPE? I CANNOT SPEAK TO THE VARIANCE, UH, REQUESTS AS TO HOW IT MAY, MAY HAVE MODIFIED ANYTHING TO THE VARIANCE.

I DO NOT BELIEVE ANYTHING AJU.

THE BUILDING ITSELF WAS NOT ADJUSTED.

IT WAS ONLY LANDSCAPE ELEMENTS THAT WERE ADJUSTED ON THE PLAN.

SO THERE SHOULD NOT BE ANY, UH, CHANGES FOR THE VARIANCE, AND I THINK THE APPLICANT COULD BETTER ADDRESS THAT ONCE, ONCE WE HAVE THAT HEARING.

SO ARE THEY GONNA SHOW US THE REVISED LANDSCAPE PLAN WHEN THEY, IF YOU, OKAY.

I'VE ASKED THEM TO PRESENT THE, THE, THE, THE DOCUMENTS TO THIS.

OKAY.

ALL RIGHT.

UM, SO WE DO, WE HAVE TWO, HOLD ON.

DO WE HAVE TWO APPLICATIONS HERE? DO WE HAVE TWO? THERE IS ONLY ONE.

IT, THE, NONE OF THE LANDSCAPE STUFF IS IN THIS PACKAGE, SO THEY'RE GONNA PRESENT THAT TODAY APPARENTLY.

OKAY.

BUT WE DON'T, WE HAVE TWO.

OKAY.

BUT, SO I ONLY HAVE INFORMATION FOR, ON JUST THE STEP BACK, RIGHT? I DON'T, WE DON'T HAVE ANYTHING PREPARED FOR THE LANDSCAPE.

NO, WE DO NOT.

THERE SHOULD HAVE BEEN AN UPDATED BO REPORT TO SHOW THE LANDSCAPE SPECIAL ACCEPTANCE ADD.

WELL, I THINK, DID WE SAY THAT BECAUSE THE SYSTEM WAS DOWN LAST MONTH, WE WEREN'T ABLE TO UPDATE THE, THIS PRESENTATION? DO WE HAVE THE PRESENTATION? BUT THE REPORT SHOULD SHOW THE NEW, AM I MISSING IT? BUT, UM, OH, WAIT, RIGHT HERE WE'VE COMBIN IT, IT SAYS ALTERNATE LANDSCAPE PLAN.

SO IT IS SIDE YARD, THREE FEET SPECIAL EXCEPTION, THREE FEET OF THE LANDSCAPE PLATFORM.

OKAY.

SO IT'S ALL COMBINED IN THIS.

OKAY.

AND WE HAVE TWO MOTIONS, SO, OKAY.

OKAY.

ALL RIGHT.

ARE THERE ANY QUESTIONS ON THIS WE'LL BE HEARING IN THE CASE TODAY? I GUESS WE ALSO HAVE TO DETERMINE WHETHER STAFF HAS ENOUGH TIME TO REVIEW THE REVISED SITE PLAN.

I SEE IF IT MEETS THE, I HAVE REVIEWED THE REVISED SITE PLAN, AND AGAIN, I DO NOT HAVE A COPY OF THE, THE PLAN HERE.

THE MR. KAVANAUGH WILL BE PRESENTING THAT AT THE HEARING.

OKAY.

SO YOU'VE, TO YOUR, THE BEST OF YOUR KNOWLEDGE, THE SITE PLAN WE'VE SEEN, WE'RE GONNA SEE TODAY HAS NO CHANGES FROM WHAT YOU SAW OF THE MOST RECENT REVIS SITE PLAN.

THERE SHOULD BE NO CHANGES TO THAT AND I CAN CONFIRM THAT AT THE HEARING.

OKAY.

OKAY.

THANK YOU.

GREAT.

ARE THERE ANY OTHER QUESTIONS ON THIS CASE? ALL RIGHT, LET'S MOVE ON THEN TO BDA 2 23 DASH 0 2 360 10.

PRESTON SHIRE LANE.

DR.

HOSKIN IS GONNA PULL UP WHAT WE HAVE ON 16 PRESTON SHIRE.

I'M NOT ABLE TO GET INTO THE Z DRIVER.

WE ARE, WE'RE NOT, UM, WE ARE NOT CALLING QUITE YET.

WE'RE STILL DOING BEING BRIEFED ON THIS CASE.

SORRY.

DO WHAT? OH MY GOODNESS.

[00:15:51]

UM, Y'ALL PROBABLY SAW IN THE PAPER THAT ABOUT TWO OR THREE WEEKS AGO THERE WAS A RANSOMWARE ATTACK ON THE, UM, CITY OF DALLAS COMPUTER SYSTEMS. AND OUR TECHNICAL DIFFICULTIES ARE STILL, UM, FROM THAT.

AND CUZ THIS, UH, PRESENTATION WAS DONE BEFORE IT, IT'S HARD TO FIND THE PRESENTATION.

SO FOR ANYBODY THAT WAS HERE LAST MONTH, WE COULDN'T EVEN PULL ANYTHING UP ONLINE.

SO WE'RE DOING MUCH BETTER TODAY THAN WE WERE, BUT THAT'S WHY WE'RE SITTING HERE IN DELAY MODE FOR JUST A SECOND.

HOPEFULLY WE'LL GET IT TOGETHER HERE ABOUT TWO MORE MINUTES.

IT'S LOADING UP NOW.

ALL RIGHT, COOL.

TWO MORE MINUTES.

ALL RIGHT.

BDA 2 23 DASH 0 2 3.

WE'LL DO THIS BRIEFING.

ALL RIGHT.

VICE CHAIR GAMBLE.

WHAT I WAS ABLE TO PULL UP WAS A STAFF REPORT AND IT HAS SOME PICTURES IN THERE.

AND THEN I'M ALSO GONNA SHOW YOU ALL A GOOGLE MAP BECAUSE I CAN'T GET THE PRESENTATION.

OKAY, GO AHEAD.

OKAY.

THIS IS CASE BDA 2 23 DASH 23.

AND THIS IS A REQUEST FOR A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS.

AND IT'S MADE TO CONSTRUCT AND MAINTAIN 1,237 SQUARE FEET OF ADDITIONAL DWELLING UNIT STRUCTURE ON A SITE DEVELOPED WITH THE SINGLE FAMILY DUALING UNIT.

THERE'S THE STANDARD SHOWN ON THE SCREEN.

DO I NEED TO READ IT OR ARE YOU ALL OKAY? OKAY.

SO I'M GONNA MOVE DOWN TO THE PICTURES AND THEN I'M GONNA GO BACK UP TO THE STAFF RECOMMENDATION.

THE SITE AND THE SURROUNDING AREAS ARE ALL ZONE R 10, SINGLE FAMILY DISTRICT.

THIS CASE HAS BEEN TO THE BOARD ON ONE RELATED CASE, AND IT WAS BDA 180 9 DASH 1 0 9 ON JANUARY 21ST, 2020.

PANEL EIGHT, GRANTED REQUEST TO CONSTRUCT AND MAINTAIN AN ACCESSORY DWELLING UNIT AND TO INSTALL AND MAINTAIN AN ADDITIONAL ELECTRIC METER ON THE PROPERTY AS SPECIAL EXCEPTION TO THE SINGLE FAMILY ZONING USE REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE.

HERE'S THE ZONING MAP OUTLINE IN YELLOW IS SIX 10 PRESTON SHIRE.

OUTLINE IN BLUE ON THE AREA MAP IS THE SUBJECT SITE.

[00:20:08]

OKAY? YEP.

13 PROPERTY, UM, OWNERS WERE NOTIFIED AND I DID NOT RECEIVE ANY LETTERS IN SUPPORT OR OPPOSITION.

AND I'M GONNA SCROLL DOWN SO THAT YOU CAN SEE THE, UH, PROPERTY OWNERS.

OKAY.

I'M GONNA GO UP TO THE RECOMMENDATION AND NOW I'LL MOVE TO THE RECOMMENDATION.

JUST A SECOND.

SO YOU DIDN'T GET ANY LETTERS OF SUPPORT OR OPPOSITION IN THIS LAST COUPLE OF MONTHS EITHER? AS I RECALL THAT THIS WAS A CASE THAT WE HEARD AND WE ASKED THE HOMEOWNER TO COME BACK WITH SOME FEEDBACK FROM HIS NEIGHBORS IS MM-HMM.

.

UM, AND I HAVEN'T HEARD TWO MONTHS, BUT THAT'S WHAT I, BUT WE DID NOT RECEIVE ANYTHING.

OKAY.

AND I ALSO HAVE NOT HEARD FROM THE INFORMATION FOR US FROM THE PROPERTY ON EITHER, SO YEP.

HE HASN'T EMAILED ME ANYTHING OR, BUT I DO REMEMBER YOU ALL YEP.

TELLING HIM TO SPEAK WITH HIS NEIGHBORS.

YEP.

OKAY.

NO STAFF RECOMMENDATION IS MADE ON THIS REQUEST OR ANY REQUEST FOR A SPECIAL EXCEPTION TO AUTHORIZE AN ADDITIONAL DWELLING UNIT.

SINCE THE BASIS FOR THIS TYPE OF APPEAL IS WHEN, IN THE OPINION OF THE BOARD, THE ADDITIONAL DWELLING UNIT WILL NOT ONE BE USED AS A RENTAL ACCOMMODATIONS OR FOUR RENTAL ACCOMMODATIONS OR TWO ADVERSELY AFFECT NEIGHBORING PROPERTIES.

SO WAS THIS CASE THIS WAS OUR WHAT APPROVED IN 2020 AND WHAT THEY DIDN'T APPLY FOR PERMITS? OR IS THIS SEPARATE CASE? NO, THAT WAS A SEPARATE CASE THAT WAS APPLYING FOR AN ADDITIONAL METER.

SO OKAY.

PART OF THE DALLAS DEVELOPMENT CODE, YOU CAN ONLY HAVE ONE ELECTRIC METER ON A DWELLING UNIT.

OKAY.

BUT THEY REQUESTED A SECOND ONE FOR PAN A, SO THIS IS DIFFERENT.

OKAY.

YES, MA'AM.

THANK YOU.

YOU'RE WELCOME.

AND I'M GONNA SHOW YOU ALL THE GOOGLE MAP IN JUST A SECOND.

HOLD ON.

I'VE GOT A QUESTION THERE.

I'M NOT AN ELECTRICIAN OR ANYTHING, BUT TWO PANELS FOR ONE SINGLE FAMILY.

WHAT, UH, THIS IS KIND OF GOING BACK INTO ANCIENT HISTORY THERE, BUT WHAT WAS, I GUESS, THE NEED OR THE CAUSE OR IS THAT ANYTHING THAT WE NEED TO, I GUESS MY QUESTION IS, WAS THAT APPLICATION FOR AN ADDITIONAL METER IN PREPARATION FOR THE CASE THAT WE'RE HEARING TODAY? THAT WILL ACTUALLY BE A QUESTION FOR THE APPLICANT.

I DON'T HAVE THAT INFORMATION.

OKAY.

ALL RIGHT.

THANKS.

BUT I, BUT I CAN LET YOU ALL KNOW THAT I, IF I'M NOT MISTAKEN, YOU ALL ASKED HIM WHY HE WAS NEEDING THAT, UM, NEEDING THIS REQUEST AND WHY HE ASKED FOR THAT SECOND ELECTRICAL METER.

BECAUSE IF IT'S NOT BEING USED AS A RENTAL ACCOMMODATIONS, YOU WOULDN'T THINK IT NEEDED A SEPARATE METER.

RIGHT.

AND HE, HE DID STATE THAT IT WAS FOR HIS MOTHER-IN-LAW.

I HAVE THAT IN MY NOTES, BUT YEAH, .

OKAY.

ONE MOMENT.

I'M GETTING READY TO SHOW YOU THE, THE, IT'S OKAY.

THE GOOGLE MAP.

SO WHERE MY CURSOR IS, IS THE SUBJECT SITE.

AND THAT'S ALL I HAVE.

GIVE ME JUST ONE SECOND TO GO BACK THROUGH THIS.

SO I THOUGHT I CAN GIVE YOU AN ACCURATE NUMBER.

NO, I DON'T, I DON'T THINK THAT'S THE SITE BECAUSE I THINK THE HOUSE IS ON THE CORNER OF PRESTON SHIRE, PRESTON ROAD.

I WAS GONNA SAY, WHERE ARE YOU GONNA PUT THAT? I MIGHT HAVE TO PAN OVER A BIT, BUT I THINK WE HAVE PICTURES IN OUR PACKET.

UM, OKAY.

YEAH.

BUT YOU KNOW, THIS ACTUALLY THE AERIAL WILL BE HELPFUL TO SEE WHAT OTHER ADUS ARE.

YEP.

CAUSE WE DON'T HAVE STREET VIEW AND ALL THAT.

RIGHT.

OKAY.

YEAH.

THIS IS A TERRIBLE, THIS IS ALL WE GOT.

NOT GREAT QUALITY, NOT THE BEST QUALITY.

YEAH.

I WOULD ASK IF WE COULD GO BACK TO THE GOOGLE MAPS, JUST CUZ THAT'S EVEN ON THE SCREEN THERE.

IT'S JUST HARD TO TELL WHAT THE CONTEXT IS WITH THE, THE NEIGHBORING PROPERTIES.

[00:25:18]

WOULD YOU LIKE FOR ME TO TAKE YOU AROUND AND DO A 360 OR GO DOWN THE STREET? OKAY.

PLEASE.

I KNOW, I KNOW THAT NO CASE THAT'S PRECEDENT, BUT DO WE HAVE ANY CONTEXT IN TERMS OF WHAT OTHER PROPERTIES AROUND HERE HAVE ADUS? I THINK GIANNA'S HISTORY SHOWS THAT WE HAVE NO RECORDED BDA RELATED BDA HISTORIES WITHIN THE FIVE YEAR PERIOD IN THIS VICINITY.

OKAY.

AND I THINK AS MAYBE WE TOLD YOU GUYS THE LAST TIME, IT'S REALLY GONNA BE HARD FOR ANY STAFF PLANNER PROBABLY TO DETECT WHAT'S INSIDE AN ACCESSORY STRUCTURE.

SURE.

YEAH.

UM, THAT MAKES AN ADDITIONAL DWELLING UNIT SURE.

WITH NOT REALLY BE ABLE TO DETECT WHETHER OR NOT THERE'S A KITCHEN BATHROOM AND A BEDROOM IN A ACCESSORY STRUCTURE WITHOUT GOING INSIDE.

AND WE DON'T REALLY PILOT THE RIGHT TO DO THAT.

SURE.

OKAY.

THANK YOU.

MS. BARKIN WAS GETTING READY TO FORWARD ME SOMETHING FROM THE, UH, APPLICANT.

DO, IS IT RELEVANT TO THE BRIEFING OR DO WE WANNA JUST HEAR THAT WHEN WE HEAR THE CASE? BECAUSE I WAS, I MEAN WE'RE ABOUT, I'D LIKE TO GET STARTED ON THE WE CAN WAIT THEN.

OKAY.

LET'S GO AHEAD AND GET STARTED THEN.

ALL RIGHT.

THANK YOU EVERYBODY FOR BEING VERY PATIENT.

UM, I JUST HAVE ONE QUESTION.

IT SEEMS LIKE WE'RE GETTING A LOT OF THINGS FROM APPLICANTS IN TERMS OF SITE PLANS, EVIDENCE, UM, RIGHT UP TO BRIEFING.

ARE WE GIVING GUIDANCE TO APPLICANTS IN TERMS OF DEADLINES TO SUBMIT THESE TYPE OF THINGS? YES.

WHEN I SENT AN INTRODUCTORY EMAIL, I LET THEM KNOW ALL OF THE DEADLINES, THE DEADLINES FOR OUR STAFF REVIEW MEETING.

OKAY.

WHEN TO GET THOSE DOCUMENTS IN THE DEADLINE FOR IT TO BE INCLUDED INTO THE DOCKET.

BUT I WAS ALSO TOLD THAT I CANNOT REFUSE ANYTHING THAT THEY WANT TO PROVIDE AFTER THOSE DEADLINES.

BUT I LET THEM KNOW THAT THEY NEED TO PRESENT THOSE THINGS IF IT'S NOT INCLUDED INTO THE DOCKET.

OKAY.

THANK YOU.

I JUST KNOW IT'S HARD ON STAFF TO REVIEW SITE PLANS ARE BEING REVISED, MAKE SURE THEY'RE COMPLIANCE WITH HISTORIC DISTRICTS, THE CONSERVATION DISTRICTS THAT THE NEIGHBORS HAVE BEEN PROPERLY NOTICED.

UM, SO IN THE FUTURE, Y'ALL, LET'S ASK THAT YOU SUBMIT EVERYTHING IN A TIMELY MANNER, HAVE THE HEARING.

CAN I ALSO ADD JUST TO THE APPLICANT'S DEFENSE THAT HE DID PROVIDE A LETTER? UM, I THINK IT WAS JUST MAYBE OVERLOOKED OR IT WAS PLACED IN THE Z DRIVE WHERE WE CAN'T ACCESS IT NOW.

SO JUST OKAY.

OKAY.

ALL RIGHT.

UM, WELL THANK YOU EVERYBODY FOR BEING PATIENT.

WE ARE NOW GOING TO SWITCH FROM BRIEFING MODE INTO THE PUBLIC HEARING MODE AND THIS IS WHERE YOU'LL BE ABLE TO, UM, SPEAK TO YOUR CASES.

SO, UM, TODAY IS WEDNESDAY, MAY 17TH, 2023.

IT IS 1:30 PM AND I WOULD LIKE TO WELCOME YOU TO THE BOARD OF ADJUSTMENT PUBLIC HEARING.

BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT IN THE MANNER IN WHICH THIS HEARING WILL BE CONDUCTED.

MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.

WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME, NO ACTION OR DECISION ON A CASE.

THAT'S A PRECEDENT.

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

EACH USE IS PRESUMED TO BE A LEGAL USE.

WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THIS HEARING AND HAVE ALSO REVIEWED A DETAILED DOCKET WHICH EXPLAINS THE POINTS OF EACH CASE.

ANY EVIDENCE THAT YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES TODAY NEED TO BE SUBMITTED TO OUR BOARD SECRETARY, WHEN YOUR CASE IS CALLED.

THE EVIDENCE WILL BE RETAINED IN THE BOARD'S OFFICE FOR THE PUBLIC RECORD FOR EACH CA FOR EACH USE FOR EACH CASE.

LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANTS SHORTLY AFTER TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.

LASTLY, ALL PEOPLE REGISTERED TO SPEAK ON ANY CASES TODAY, WERE REQUIRED TO REGISTER WITH STAFF BEFORE ADDRESSING THE BOARD.

SO IF YOU'VE NOT FILLED OUT YOUR BLUE FORM, PLEASE MAKE SURE YOU DO THAT AND GIVE THAT TO THE BOARD SECRETARY.

UM, RULES OF PROCEDURE.

EACH REGISTERED SPEAKER WILL HAVE THREE MINUTES TO ADDRESS THE BOARD.

THE BOARD SECRETARY WILL CALL TIME AT THREE MINUTES.

IF REQUESTED BY THE SPEAKER OR DESIRED BY THE BOARD.

THE CHAIR MAY REQUEST A MOTION AND VOTE ON A SPECIFIC AMOUNT OF TIME TO COMPLETE PRESENTATIONS OR CONTINUE TO ADDRESS THE BOARD.

ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.

THERE CAN BE NO TELECONFERENCING.

UM, ON WEBEX, OUR BOARD MEMBERS TODAY INCLUDE MYSELF, UM, SARAH, LIAM, UH, ANDREW FEENEY, UH, DR.

EMANUEL GLOVER, AND JOE JOE CANNON.

ALSO HERE TODAY TO ASSIST THE BOARD ARE MEMBERS OF OUR CITY STAFF.

STAFF MEMBERS PRESENT INCLUDE MATTHEW SAP, OUR ASSISTANT CITY ATTORNEY, UM, STEVE LONG, OUR ACTING CHIEF PLANNER

[00:30:01]

AND BOARD ADMINISTRATOR.

UM, LET'S SEE, UM, DIANA BURK, THE SENIOR PLANS EXAMINER.

UM, DR.

CAMIKA MILLER HOSKINS, OUR SENIOR PLANNER, GIANNA BRIDGES, UM, OUR SENIOR PLANNER, UM, AND I BELIEVE WE HAVE LLOYD DENIM FROM ENGINEERING.

AND PHIL IRWIN, OUR CHIEF ARBORIST.

UM, AND WE ALSO HAVE NORA CAST, OUR CODE SPECIALIST, MARY WILLIAMS, OUR BOARD SECRETARY AND MEETING MODERATOR AND TRINA LAW, OUR BDA CONSULTANT.

UM, I DO NOT BELIEVE WE HAVE ANY SPEAKERS FOR PUBLIC TESTIMONY.

IS THAT CORRECT? NO PUBLIC SPEAKERS REGISTER.

OKAY, GREAT.

UM, DO WE HAVE A MOTION TO APPROVE OUR MINUTES? I MOVE TO APPROVE OUR, UH, THE MINUTES FROM OUR PREVIOUS MEETING.

AYE.

JOE CANNON SECOND.

THAT MOTION? ALL IN FAVOR SAY AYE.

AYE.

AYE.

UH, ANY OPPOSED? MOTION PASSES UNANIMOUSLY.

OH, SORRY.

OH, WHAT, WHAT WAS THE DAY OF THE MEETING? UM, THE MEETING FROM APRIL 16TH.

APRIL 19TH, 2023 ARE THE MINUTES WE JUST APPROVED.

SORRY.

I WOULD LIKE TO AMEND MY MOTION TO APPROVE THE MINUTES FROM APRIL 19TH.

APRIL 19TH, 2023.

2023 MEETING.

AYE.

ANDREW FINN SECOND.

THAT MOTION? ALL IN FAVOR? AYE.

AYE.

PROPOSED MOTION PASSE.

UM, ALL FUTURE JUROR WILL BE CALLED BY EACH MEMBER'S MEETING CLIENT VOTE RECORD ALL THOSE PUT THEIR NAME ON.

IF YOU ARE ON VIDEO, PLEASE MUTE YOUR MICS WHEN YOU'RE NOT SPEAKING.

IF YOU HAVE ANY QUESTIONS, UM, RAISE YOUR HAND, BUT I THINK EVERYBODY'S HERE IN PERSON, SO I THINK WE'RE GOOD.

UM, ALRIGHT.

WELL LET'S BEGIN WITH OUR CONSENT AGENDA.

WE HAVE TWO CASES ON OUR CONSENT AGENDA TODAY.

UM, CASE BDA 2 23 DASH 0 34 AND CASE BDA 2 23 DASH 39.

UM, DO I HAVE A MOTION TO APPROVE OUR CONSENT AGENDA, MS. LAMB? OH, SORRY.

I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS, THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT TO THE CODE AS APPLICABLE TO WIT BDA 2 23 DASH 0 3 4 APPLICATION OF GRACE GRAYSON WOFFORD TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE HAVING LESS THAN 50% OPEN SURFACE AREA AS A SPECIAL EXCEPTION TO FENCE STANDARDS.

REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED IS GRANTED SUBJECT TO THE FOLLOWING CONDITION, COMPLIANCE WITH THE SUBMITTED SITE PLAN AND ELEVATION IS REQUIRED.

BDA 2 23 DASH 0 3 9 APPLICATION OF JENNIFER HOR HI MOTO, FOR A SPECIAL EXCEPTION OF TWO FENCE HEIGHT REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.

COMPLIANCE WITH THE SUBMITTED SITE PLAN AND ELEVATION IS REQUIRED.

DO I HAVE A SECOND? AYE SECOND.

UM, AND ANY DISCUSSION? I THINK NOPE.

ALL RIGHT.

CAN WE HAVE A ROLL CALL VOTE MR. CANAN? AYE.

MR. GROVER? AYE.

MR. FEENEY? AYE.

MS. LAMB? AYE, UH, MS. VICE CHAIR? UM, AYE.

ALL RIGHT.

WE'LL MOVE.

MOTION PASSES.

50.

OH, THANK YOU.

WE'LL MOVE ON TO OUR, UM, DOCKET AND START HEARING THE CASES AND WE WILL START WITH BDA 2 2 3 DASH 0 3 0 59 16 SWISS AVENUE.

UM, IF THE APPLICANT WILL PLEASE STEP FORWARD AND EXCUSE ME, VICE CHAIR BEFORE WE MOVE ON, JUST FOR, UM, AND MY EYESIGHT MIGHT BE BAD, BUT JUST FOR, UH, ASK THAT IF, UM, BEFORE MAKING MOTIONS THAT AT LEAST THERE'S, I THINK THERE, THERE'S A PROPER WAY OF AT LEAST JUST NOTIFYING, UM, CAUSE I'M NOT ABLE TO SEE HAND MOTIONS AS TO WHERE MOTIONS ARE GOING.

SO, PERFECT.

UM, IF JUST CLEARER, UM, AS TO WHO IS ABOUT TO GIVE MOTIONS, I'D BE GREATLY APPRECIATE IT.

THANK YOU.

UM, DO WE HAVE ANYBODY FOR BDA 2 23 DASH 0 3 0? I THINK AT THIS POINT, AND CORRECT ME IF I'M WRONG, DO WE, DO WE EVEN ALLOW THE APPLICANT TO SPEAK OR DO WE HAVE TO DETERMINE WHETHER THE COMMUNITY HAS BEEN PROPERLY NOTIFIED AND WHETHER WE CAN ACTUALLY HEAR THIS CASE? THE CODE READS THAT NO ACTION CAN BE TAKEN.

ACTION IS CONSIDERED TO BE A, A DISPOSITION ON THE CASE.

SO TO MEAN A DECISION.

UH, SO YOU CAN STILL HEAR WHAT THE APPLICANT HAS TO SAY OR IF THE APPLICANT'S NOT HERE, WE CAN, YOU CAN MAKE 'EM, BUT I THOUGHT WE COULDN'T DO ANYTHING IF THE, IF WE FIND THAT THE, THE COMMUNITY HAD NOT BEEN PROPERLY NOTIFIED, WE CAN'T TAKE ANY ACTION, WHICH MEANS EVEN HEARING THE CASE, RIGHT, YOU CAN HEAR THE CASE, YOU CAN'T MAKE A DECISION.

[00:35:01]

SO ACTION IS DEFINED AS MAKING A DECISION.

OKAY.

SO I, I GUESS I'M, DO I MAKE THE MOTION? SO I I DON'T THINK THAT THE APPLICANT PROPERLY NOTIFIED BECAUSE OF WHERE THE SIGNAGE WAS.

UH, I DON'T THINK THAT WE CAN HEAR THE CASE.

SO AT THIS POINT, DO I MAKE A MOTION TO EITHER DENY THE CASE WITHOUT PREJUDICE OR HOLD OVER THE CASE UNTIL PROPER NOTIFICATION IS MADE? YEP.

OKAY.

UM, I DO NOT BELIEVE THAT THE APPLICANT IS HERE FOR THIS CASE.

AND SO, UM, BECAUSE THE APPLICANT IS NOT HERE, I WILL ENTERTAIN A MOTION FROM THE BOARD.

UM, MS. LAMB.

UM, I'M GONNA MOVE, UM, THAT THIS BOARD DENY THIS CASE WITHOUT PREJUDICE, UM, BASED ON THE FACT THAT THE APPLICANT IS NOT HERE AND THAT THE COMMUNITY WAS NOT PROPERLY NOTIFIED BASED ON A SIGNAGE ON THIS PROPERTY.

DO I HAVE A SECOND? A SECOND.

OKAY.

ANY DISCUSSION? UM, I THINK AT THIS POINT, UM, I, I DECIDE TO DENY RATHER THAN, UM, HOLD OVER BECAUSE THE APPLICANT SIGN THE LETTER STATING THAT THEY WOULD PROPERLY POST SIGNAGE.

AND THIS CASE I THINK WAS FIRST PRESENTED IN FEBRUARY WHEN THEY SIGNED THAT LETTER.

UM, THEY'VE HAD SEVERAL MONTHS TO PROPERLY HOLD SIGNAGE AND, UH, FOLLOW THE APPLICATION PROCESS.

AND THEY HAVE NOT, THEY HAVE NOT SHOWED UP TODAY.

SO I THINK THEY NEED TO REFILE.

SO WE MAKE IT VERY CLEAR THAT THEY NEED TO PROPERLY NOTIFY AND POST SIGNAGE ON THE PROPERTY AND THEN THEY CAN COME BACK IN FRONT OF THIS BOARD.

UH, VICE CHAIR, I DO HAVE A POINT OF DISCUSSION HERE.

UM, IN ADDITION TO THE NOTIFICATION, THE OVERALL CASE BEING THAT THE, UH, SQUARE FOOTAGE OF THE PROPOSED PROJECT IS OVER THE, UH, THE 25% SINCE THIS IS ACTUALLY GOING ON THE RECORD, THAT THE APPLICANT WOULD RECONSIDER OR MAKE IMPROVEMENTS TO THAT DESIGN TO BRING IT CLOSER TO THAT 25% AS WELL AS NFI AND HAVE THOSE RELATIONSHIPS BUILT WITH THEIR NEIGHBORS IN SUPPORT OR OPPOSITION TO THIS PROJECT.

I AGREE WITH THAT.

MR. FEENEY? UH, YES.

I THINK IT'S JUST IMPORTANT, UH, TO GO ON THE RECORD THAT THE SIGN WAS CLEARLY NOT VISIBLE CUZ IT IS LOCATED MORE THAN 80 FEET FROM THE, THE CURB UNDER A COVERED PORCH THAT IS DARK AND COLONATED WHERE THE VIEWS OBSTRUCTION, UH, CLEARLY OBSTRUCTED.

ALRIGHT.

DO I, I THINK ANOTHER THING IS IF WE ACTUALLY HAVE TO HOLD OVER THE CASE, THEN THE, THE THE 200, THOSE WITHIN 200 FEET OF THE APPLICATION DON'T HAVE TO BE RE NOTIFIED, WHICH I THEN AM CONCERNED THAT THIS WILL NOT BE RECTIFIED.

SO THE ONLY WAY WE CAN ACTUALLY RECTIFY THIS, AND MY OPINION IS IF WE DENY WITH PREJUDICE, WITHOUT PREJUDICE AND THEN THEY HAVE TO COME BACK, REAPPLY AND THEN PROPER, UM, DIRECTION, UM, ABOUT WHERE THE SIGNAGE AND NOTIFICATION GOES WILL BE RE-IMPLEMENTED.

ALL RIGHT.

IS THERE A SEC? OH, WE ALREADY HAVE A SECOND.

UM, WE CAN DO A, IS THERE ANY OTHER DISCUSSION? WE CAN DO A ROLL CALL VOTE.

THE, UH, THE APPLICANT IS ACTUALLY ONLINE.

HE JUST EMAILED ME.

WELL, I THINK WE STILL HAVE TO MAKE A DECISION.

I THINK WE STILL HAVE TO MAKE A DECISION ON WHETHER NO PROPER NOTICE HAS BEEN HAD BEFORE WE, BECAUSE OF, BECAUSE THE NEIGHBOR, THE COMMUNITY HASN'T WHAT HAVE THE SIGNS SITTING ON JURY.

UM, BUT YOU HAVE TO PROP, YOU'RE PROPER, YOU'RE REQUIRED TO PROPERLY NOTICE TWO WEEKS AFTER YOU FILED THE APPLICATION.

IT HAS TO STAY PRE, IT HAS TO STAY VISIBLE WITH FOR THE FULL AMOUNT OF TIME THAT THIS CASE IS PRESENT AND NOT TWO WEEKS BEFORE THE HEARING.

DO WE WANNA GO BACK TO, I I THINK WE LOOKED AT THIS.

AND, UM, MS. LAMB, MAY I ASK YOU TO TABLE YOUR MOTION SO THAT WE CAN HEAR FROM THE APPLICANT, UM, AND AS PART OF DUE PROCESS SO THAT WE CAN UNDERSTAND WHAT HE SAID? YES.

WE'LL NOT BE MAKING A DECISION, SO OKAY.

WE'LL JUST LET HIM AWAY FROM THE APPLICANT.

WE'RE ONLY HEARING BASED ON NOTIFICATION WE'RE NOT HEARING ABOUT THE MERITS, CORRECT? CORRECT.

CORRECT.

WE'LL ONLY HEAR ABOUT HIS NOTIFICATION PIECE.

WILL I WILL TABLE MY MOTION JUST TO HEAR ABOUT THE SIGNAGE AND PROPER NOTIFICATION NOT ON YES.

THE ACTUAL CASE.

YEP.

OKAY.

OKAY.

SO IF YOU, DO WE NEED A SECOND? I, UM, I, DO WE NEED A SECOND TO HOLD THE MOTION OR TO TABLE THE MOTION? UM, I WILL SECOND THAT.

[00:40:02]

SHERRY GABO.

ALL RIGHT.

ALL RIGHT.

IF WE CAN GET OUR, UM, I GUESS THIS IS, UH, MR. ABDUL GANI ON, THERE HE IS.

ALL RIGHT.

WELCOME.

UM, IF YOU CAN PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD, AND THEN IS HOPEFULLY YOU'VE BEEN LISTENING.

THE ONLY THING THAT WE'LL BE HEARING ABOUT RIGHT NOW IS THE LOCATION OF YOUR SIGN AND PROPER NOTIFICATION.

UH, WE CANNOT HEAR YOU, UNFORTUNATELY.

YOU'RE ON MUTE.

YOU MUST BE SWORN IN AND YOU NEED TO BE SWORN IN.

THANK YOU.

TEST, TEST.

THAT WORKS.

THANK YOU VERY MUCH.

WE NEED TO SWEAR YOU IN BEFORE YOU START.

SURE.

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

I DO.

I DO.

PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING, PLEASE.

NORI ABDUL 59 16 SWISS AVENUE.

CAN YOU PLEASE SPEAK TO THE LOCATION, UM, OF YOUR SIGN AND WHERE THAT WAS LOCATED, UM, AND LET US KNOW ABOUT THE PROPER, UM, IF YOU WERE PROPERLY DISPLAYING THAT? YEAH.

UM, THANK YOU.

I DID LISTEN IN THIS MORNING.

IT'S FRUSTRATING TO HEAR THIS DISCUSSION, UM, FOR MANY REASONS.

AND, AND I'VE BEEN GOING THROUGH THE CITY FOR NINE MONTHS NOW, MAYBE 10, AND TO HAVE THIS MEETING POTENTIALLY BE THIS PHONE BECAUSE OF THIS SIGN LOCATION, WHICH BY THE WAY, YOU GAVE ME TWO SENTENCES OF SUBJECTIVE CRITERIA FOR WHERE TO PUT THE SIGN.

OKAY.

IT SAYS, PROMINENT LOCATION, SUBJECTIVE, ADJACENT TO THE STREET OBJECTIVE.

AND I COMPLIED WITH THAT EVENLY SPACED ALONG EACH FRONTAGE OBJECTIVE.

IT'S RIGHT IN THE DAB CENTER MIDDLE OF MY PROPERTY LINE RIGHT THERE IN THE CENTER.

COMPLIED WITH THAT, EASILY VISIBLE FROM THE STREET.

AGAIN, ANOTHER SUBJECTIVE CRITERIA.

IF YOU'RE WALKING UP SWISS AVENUE AND YOU LOOK AT MY HOUSE, YOUR EYES GO TO THE FRONT DOOR, THAT'S WHERE THE SIGN IS, IT'S NEXT TO THE FRONT DOOR.

YOU'RE WALKING DOWN SWISS AVENUE.

THE OTHER WAY.

YOU TAKE A LOOK AT THE HOUSE, YOU'RE LOOKING AT THE FRONT DOOR, YOU'RE GONNA SEE THE SIGN RIGHT NEXT TO IT, THE ARGUMENT THAT IT'S 80 FEET AWAY.

IF, IF THAT WAS AN ISSUE, IT SHOULD HAVE BEEN IN THE DESCRIPTION THAT YOU CAN'T BE X AMOUNT OF FEET AWAY FROM THE SIDEWALK.

I I, I'M VERY FRUSTRATED THAT THIS IS EVEN SOMETHING THAT, THAT, THAT COULD POTENTIALLY DELAY THIS, YOU KNOW, EVEN FURTHER THAT WE SAT, YOU KNOW, WITH THE CITY FOR NINE MONTHS NOW, JUST TO GET HERE AND YOU'RE GONNA PUSH ME AWAY FOR SOMETHING THAT'S A SUBJECTIVE CRITERIA.

IT'S, IT'S INCREDIBLY FRUSTRATING TO A, A CITIZEN OF THE CITY.

SECONDLY, YOU GAVE ME A 24 INCH SIGN AND SAID, PUT THIS ON YOUR HOUSE, YOU KNOW, IN YOUR FRONT YARD WITH THIS CRITERIA.

THAT'S WHAT I DID.

AND SOMEBODY FROM THE CITY CAME BY AND SAW IT.

IF THERE WAS AN ISSUE, WE'VE HAD TWO MONTHS TO TELL ME, HEY, CAN YOU MOVE THAT UP? CAN YOU MAKE IT A LITTLE BIT MORE PROMINENT FOR THE NEXT TWO MONTHS? SURE.

NO ONE SAID ANYTHING.

I THINK WITH THIS VAGUE CRITERIA, IF YOU WANTED REALLY SOMETHING VERY SPECIFIC, WHEN THAT HAPPENS, YOU CAN EASILY ASK THE CITIZEN OF DALLAS SAID, HEY, CHANGE IT FOR ME.

YOU COMPLIED.

YOU PUT IT UP IN TIME.

I PUT IT UP THE SAME DAY, I TOOK IT HOME AND I PUT IT UP AND IT, IT, YOU KNOW, IT IS JUST VERY FRUSTRATING.

UM, YOU KNOW, IT, THERE'S NOTHING HERE THAT EVERYONE WHO WALKS DOWN SWISS AVENUE NEEDS TO NOTICE THIS SIGN.

IF YOU WANTED EVERYONE WHO WALKS DOWN SWISS AVENUE TO NOTICES THIS SIGN, YOU SHOULD'VE GIVEN ME SOMETHING THAT WAS NEON WITH A MOTION DETECTOR AND A BULLHORN ON IT SO THAT WHEN PEOPLE WALKED BY YELLED AT HIM, HEY, LOOK AT ME.

HE DIDN'T, IT GAVE ME A 24 INCH CARDBOARD SIGN.

SO THIS IS INCREDIBLY FRUSTRATING THAT WE'RE HERE POTENTIALLY MISSING MY MEANING FOR THAT.

THIS IS A GARAGE THAT IS FALLING DOWN IS A RISK, THE SAFETY OF ME AND MY KIDS, AND I'VE BEEN DEALING WITH IT FOR 14 MONTHS.

WHEN I'M SITTING AT THE TOP OF A MOUNTAIN SCREAMING AT THE CITY OF DALLAS THAT I HAVE AN ENGINEER TELLING ME THIS, THE EXISTING GARAGE IS GONNA COLLAPSE ANY MINUTE.

IT'S A BIG ISSUE.

IT'S NOT A JOKE.

IT'S, THIS IS LIFE AND DEATH TO TO BE MY FAMILY AND THE PEOPLE WHO SERVICE MY LAWN OR MY POOL.

THIS IS, IT'S A SAFETY ISSUE THAT SHOULD NOT BE OVERLOOKED.

AND I STARTED THIS PROCESS IN FEBRUARY OF 2022, AND I'VE GOTTEN NOWHERE OTHER THAN THE HISTORIC DISTRICT SAYING, YES, YOU CAN PROCEED WITH THIS PLAN.

SO, SORRY THAT I SOUND FRUSTRATED, BUT THIS IS A VERY FRUSTRATING POSITION TO BE IN.

I THANK YOU.

I UNDERSTAND THAT.

UM, DID YOU SPEAK WITH ANY OF YOUR NEIGHBORS ON THIS SUBJECT? DID YOU WALK AROUND AND KNOCK ON THEIR DOORS AND TALK TO THEM? I'VE, I'VE GOTTEN TO KNOW THEM OVER THE LAST YEAR, AND I KNOW NO ONE'S SAID ANY ISSUE.

THEY'VE ACTUALLY RECEIVED TWO NOTICES FROM YOU IN THE MAIL BECAUSE THE LAST MEETING IN APRIL WAS POSTPONED.

SO THEY RECEIVED A SECOND ONE,

[00:45:01]

UH, MORE RECENTLY.

OKAY.

UM, SO YES, I, I CAN'T CONFIRM THAT EVERYONE IS WELL AWARE, BUT THE NEIGHBORS I'VE TALKED TO THAT I'VE GOTTEN TO KNOW OVER THE LAST YEAR ARE AWARE OF THIS PROJECT AND OF THE ISSUES THAT WE'VE BEEN FACING.

AND I, AND I, I, I UNDERSTAND YOUR FRUSTRATION.

PART OF YOUR JOB AS THE APPLICANT IS TO PROVIDE THE, UM, BURDEN OF PROOF.

AND ONE OF THOSE BURDEN OF PROOF IS IT'S NOT CONTRARY TO PUBLIC INTEREST, WHICH MEANS THAT YOU NEED TO BE TALKING TO YOUR NEIGHBORS AND MAKING SURE THAT THEY UNDERSTAND AND POSTING A SIGN THAT EVERYBODY CAN SEE THAT IS PART OF THE PROCESS.

UM, WELL, EVERYONE CAN SEE THE SIGN.

IT'S NOT OBSTRUCTED.

YOU KNOW, SOMEBODY SAID IT WAS 80 FEET AWAY.

IF YOU DIDN'T WANT 80 FEET AWAY, YOU SHOULD HAVE TOLD ME.

AND, AND, AND WELL, AND I, IT'S, IT'S VISIBLE.

YOU CAN SEE IT, YOU LOOK AT THE FRONT DOOR, YOU SEE THE SIGN RIGHT NEXT TO IT.

OKAY.

UM, MS. LAMB, UM, SO APPRECIATE YOU BEING HERE TODAY.

AND I UNDERSTAND YOUR FRUSTRATIONS.

I KNOW THAT YOU HAD TO GO IN FRONT OF THE LANDMARK COMMISSION BEFORE EVEN COMING HERE BECAUSE OF THE CONTEXT OF WHERE YOUR PROPERTY'S LOCATED IN THE, IN THE HISTORIC DISTRICT.

SO I APPRECIATE KINDA WHAT YOU'VE HAD TO GO THROUGH AND, AND BEING A PART OF PRESERVING OUR HISTORY IN DALLAS.

UM, I UNDERSTAND YOUR FRUSTRATIONS.

THE QUESTION I WANNA ASK OF YOU IS, WHERE IS YOUR SIGN CURRENTLY LOCATED RIGHT NOW? RIGHT NOW IT'S ON NEXT TO THE SIDEWALK.

CAUSE I LISTENED IN THIS MORNING AND I MOVED THE THING.

OKAY.

SO NOW I WOULD SAY THAT THE LANDMARK COMMISSION ALSO INCLUDES A TASK FORCE, WHICH INCLUDES RESIDENT OF, OF THE NEIGHBORHOOD THAT SIT ON IT.

SO, UM, SO EVERYONE IN THIS NEIGHBORHOOD IS WELL OVER MY PROJECT.

I GET CALLS FROM OTHER NEIGHBORS ASKING ME WHAT, WHEN THEY WANNA DO PROJECTS, WHERE DO THEY START BECAUSE THEY ALL KNOW ABOUT ME AND THE TROUBLES I'VE BEEN THROUGH.

SURE.

SO WE, WE CAN'T REALLY TAKE INTO CONSIDERATION WHAT'S HAPPENED, THE LANDMARK COMMISSION, AND WE CAN'T MAKE ANY ASSUMPTIONS ON WHO'S BEEN NOTIFIED BASED ON YOUR PAST HISTORY WITH THE LANDMARK COMMISSION.

NOW, WHEN YOU FILED AN APPLICATION WITH THIS BOARD FOR, UM, WHAT YOU'RE SEEKING TODAY, YOU COMPLETED THIS LETTER, UM, AND YOU SIGNED IT, AND IT SAYS HERE, THE SIGN MUST BE POSTED AT A PROMINENT LOCATION ADJACENT TO THE PUBLIC STREET, EVENLY SPACED ALONG EACH FRONTAGE AND EASILY VISIBLE FROM THE STREET.

FAILURE TO PROPERLY POST THE SIGN OR SIGNS MAY RESULT IN EITHER A POSTPONEMENT OR DENIAL OF THE APPEAL.

AND THAT'S SOMETHING THAT WE, THAT YOU SIGNED, UM, AND DATED WHEN YOU SUBMIT THE APPLICATION.

SO WHEN WE WERE BRIEFED THIS MORNING ON, ON YOUR CASE, PICTURES THAT WERE TAKEN BACK IN FEBRUARY, UM, AND EVEN IN MARCH, INDICATED THAT THE SIGN WAS LOCATED BY YOUR FRONT DOOR UNDER A PORCH THAT WAS NOT WELL LIT.

AND THE, THE FRONT YARD'S VERY VAST ON SWISS AVENUE.

SO THOSE THAT ARE DRIVING BY MAY NOT BE ABLE TO SEE THAT YOUR CASE IS COMING IN FROM THE BOARD OF ADJUSTMENT.

NOW, WE DO REALIZE THAT 200 PE 200, THOSE WITHIN 200 FEET OF OF YOUR PROPERTY WERE NOTIFIED, BUT THAT ENCOMPASSES ONLY 16 HOUSES AND DOES NOT ENCOMPASS ALL THOSE IN, IN THE HISTORIC DISTRICT AND ALONG SWISS AVENUE.

SO THAT'S WHY WE HAVE MULTIPLE AVENUES OF NOTIFYING THE PUBLIC.

WE PUT IT IN THE NEWSPAPER.

I UNDERSTAND THAT.

WE, WE, I UNDERSTAND THAT IF YOU WANTED, IF SOMEWHERE SPECIFIC, IT SHOULD BE IN THE TWO SENTENCES THAT YOU JUST READ TO ME MORE SPECIFIC, WHAT A LOCATION.

I ASKED THE CITY WHERE TO PUT IT AND THEY SAID MOST PEOPLE PUT IT IN A WINDOW.

UM, SO MAYBE THEY HAD THE WRONG INFORMATION, BUT THAT'S WHAT I WAS DIRECTED FROM THE CITY.

PEOPLE PUT IT IN A WINDOW, SIR, I GUESS IT'S DEPENDENT ON YOUR HOUSE HAS QUITE A YARD, AN EXPAND LONG FRONT YARD AND EXPANSIVE FRONT YARD.

SO IT IS YOUR RESPONSIBILITY TO PROPERLY, IT'S NOT MY RESPONSIBILITY TO, TO UNDERSTAND WHAT YOUR VIEW OF THE SUBJECTIVE CRITERIA IS.

IT'S SUBJECTIVE CRITERIA.

OKAY.

SO I'LL LEAVE IT AT THAT.

YOU'RE, YOU'RE RIGHT.

IT IS UP TO THE BOARD TO DETERMINE WHETHER WE FEEL THAT PROPER NOTIFICATION WAS GIVEN AND PROPER SIGNAGE WAS PLACED IN A OBVIOUS AND NOTABLE WAY THAT THOSE WITHIN THE NEIGHBORHOOD COMMUNITY WOULD BE AWARE THAT THE ZONING THAT THIS BOA CASE WAS GOING IN FRONT OF THIS PANEL.

UM, MR. ABDUL, UM, I'M LOOKING AT THE, UM, APPLICATION FROM THE CITY, UM, OR THE PAPER THAT YOU SIGNED.

AND IT SAYS THE, THE FOOTAGE, I BELIEVE, UM, THAT HORIZONTALLY YOUR YARD IS 80 FEET WIDE.

HOW FAR BACK DO YOU BELIEVE YOUR HOUSE SITS FROM THE STREET? I DON'T, I'D HAVE TO LOOK AT THE SURVEY.

I DON'T KNOW.

I MEAN, DO YOU THINK IT'S, IS IT 80 FEET? IS IT 25 FEET? IS IT AS LONG AS YOUR LOT, THAT'S MORE THAN, IT'S NOT AS, UH, UH, YEAH, I DON'T KNOW.

I MEAN, LIKE YOU SAID, IT'S A LONG STREET AND YOU KNOW, IF YOU WERE ON THE OTHER SIDE OF SWISS AVENUE, THERE'S A BUNCH OF TREES IN THE MEDIAN.

SO WHO'S GONNA SEE IT ON THE OTHER SIDE? RIGHT? NOBODY.

CAUSE THERE'S A MEDIAN WITH TREES IN IT.

IT DOESN'T MATTER WHERE I PUT IT.

IF YOU'RE GOING SOUTH ON SWIFT AVENUE, YOU'RE NOT GONNA SEE ANY SIGN.

SO HERE'S THE THING WITH THIS BOARD, WE'RE QUASI-JUDICIAL AND THE ONLY WAY TO APPEAL OUR DECISIONS IS TO GO IN FRONT OF A DISTRICT JUDGE.

SO WE TAKE OUR RESPONSIBILITY VERY SERIOUSLY HERE AND MAKING SURE THAT THOSE IN THE COMMUNITY ARE AWARE OF THESE PENDING PROJECTS.

BECAUSE IF WE DON'T, THE BOARD AND THE CITY COULD BE SUED FOR NOT PROPERLY NOTICING.

AND THIS COULD END UP IN DISTRICT COURT.

SO ALTHOUGH WE,

[00:50:01]

WE, YOU KNOW, WE ARE EMPATHETIC WITH YOUR FRUSTRATIONS AND ALL OF US WANT TO SEE THESE CASES MOVE ALONG.

WE DO REPRESENT TAXPAYERS.

WE ARE APPOINTED BY THE CITY COUNCIL.

WE WANT TO SEE THESE CASES MOVE ALONG.

WE KNOW THAT YOU HAVE PROPERTY RIGHTS.

I UNDERSTAND THAT.

SO THIS IS WHERE IT, IT'S ALSO BEEN UP FOR LONGER THAN IT USUALLY HAS.

SO IT MAY BE LESS VISIBLE THAN IF IT WAS SITTING AT SIDEWALK LEVEL, BUT IT'S BEEN UP FOR TWO MONTHS NOW.

ACTUALLY SINCE FEBRUARY.

WHEN WAS IT DATED? FEBRUARY 7TH.

IT'S BEEN THERE SINCE FEBRUARY 8TH WHEN I WALKED OUT OF THERE WITH THAT SIGN.

IT'S BEEN UP THERE FOR THREE MONTHS COMPARED TO THE USUAL FOUR WEEKS.

SO IT'S, IT'S BEEN UP THERE A VERY LONG TIME.

THERE'S NO WAY TO GUARANTEE THAT EVERYONE WHO WALKS UP AND DOWN S HAVING IT WILL SEE ANY SIGN.

IF I'M DRIVING, I'M NOT LOOKING AT SIGNS.

TRY NOT TO HIT PEDESTRIANS.

I'M LOOKING AT THE ROAD.

I HAVE A QUESTION, UM, FOR YOU.

UM, SORRY.

SO THIS IS JUST WHEN YOU, UM, AND THIS IS AGAIN GOING TO THE POINT OF, UM, WHAT'S BEST IN THE BEST INTEREST FOR THE, THE PUBLIC AND YOUR NEIGHBORS.

AS YOU WERE HAVING CONVERSATIONS WITH YOUR NEIGHBORS, DID YOU OBTAIN ANY WRITTEN STATEMENTS OR DOCUMENTS FROM YOUR NEIGHBORS SAYING THAT THEY EITHER APPROVED OR DENY OR WERE THESE ALL JUST VERBAL CONVERSATIONS THAT YOU HAD? JUST TO GIVE US A LITTLE BIT MORE CLARITY? THEY WERE ALL VERBAL.

THEY WERE ALL VERBAL.

LIKE I SAID, WE WENT THROUGH A HISTORIC TASK FORCE WITH REPRESENTATIVES FROM WHO LIVED IN SWISS AVENUE AND I DIDN'T GET ONE NON-CONSENT.

EVERYBODY CONSENTED WITH EVERY PROPOSAL I PUT THROUGH.

SO YOU HAVE THAT, YOU HAVE THE HISTORIC DISTRICT COMPRISED OF RESIDENTS OF SWISS AVENUE SAYING THEY APPROVE OF THIS PROJECT.

OKAY, THANK YOU.

QUESTION FOR CITY STAFF.

IF WE HOLD OVER, IT'S HELD OVER TILL AUGUST IF WE HOLD OVER BECAUSE NOT PROPER.

IF WE FIND THAT THERE'S NOT PROPER NOTIFICATIONS HELD OVER TILL AUGUST, IF WE DENY WHEN, WHEN IS THE SOONEST THAT THIS APPLICANT CAN COME BACK? AUGUST.

SO THE ONLY DIFFERENCE HERE, SO WOULD THOSE WITHIN 200 FEET OF THE PROJECT THEN BE RE NOTIFIED THE NEW HEARING DATE VIA MAIL OR THEY'RE NOT UNNOTICED? IF, IF WE HOLD OVER WHAT WILL RE NOT, WE WON'T RE-NOTICE.

SO THE, OR WILL THERE'LL BE ANOTHER LETTER SENT OUT TO, IF YOU HOLD IT TO A DATE CERTAIN TODAY.

OKAY.

WE DON'T HAVE TO RE-NOTICE THE NEWSPAPER OR THE PROPERTY OWNERS.

OKAY.

AND SO, BUT THE QUESTION HERE IS PROPER NOTIFICATION.

SO THE ONLY WAY TO PROPERLY NOTIFY IT IS TO, IF YOU HOLD THAT OVER, THEY WILL STILL BE GETTING PROPER NOTIFICATION BECAUSE THEY WILL HAVE CONSTRUCTED NOTICE FROM THE NOTICE THAT WAS GIVEN TODAY.

AND WE DON'T HAVE ANY INDICATION RIGHT NOW OF, OF SIGNAGE.

IF WE DENY, THEN DO WE GO OUT, DOES STAFF GO BACK OUT AND DO PHOTOS? IF A NEW FI, IF A NEW, IF YOU WERE TO DENY THIS WITHOUT PREJUDICE AND HE WERE TO FILE A NEW CASE, STAFF WOULD BE REQUIRED TO GO BACK AND PHOTOGRAPH THE NEW THE SITE AGAIN WITH A NEW APPLICATION.

C.

CAN WE ASK THE APPLICANT TO PROVIDE A PHOTO OF WHERE THE SIGNAGE IS? NOW THAT DOESN'T, THAT DOESN'T NECESSARILY INDICATE PROPER NOTIFICATION, BUT IT WOULD MAKE THE DIFFERENCE BETWEEN LIKE A HOLDOVER AND A DENIAL.

IT HAS NOTHING TO DO WITH NOTIFICATION.

UM, HO HOLD ON.

WE'RE ADVISING OUR, UM, OUR BOARD ATTORNEYS, UM, RIGHT NOW.

UM, IF YOU GIVE US JUST A MOMENT, PLEASE.

WHAT IS EXACT LAW? WHAT IN TERMS OF WHAT PROPER NOTIFICATION IS, MS. SLAM STATE LAW REQUIRES THAT THIS BOARD ADVERTISE 10 DAYS IN ADVANCE OF A HEARING IN THE DALLAS WARNING NEWS.

STATE LAW ALSO REQUIRES THAT WE SEND OUT A MAIL NOTICE TO ALL PROPERTY OWNERS WITHIN 200 FEET OF THE SUBJECT SITE.

OKAY.

ADDITIONALLY, CHAPTER 51 A, THIS IS NOT A STATE REQUIREMENT.

THIS IS SOMETHING THAT THE CITY REQUIRES, REQUIRES A NOTIFICATION SIGNED TO BE POSTED.

THAT NOTIFICATION SIGN MUST BE POSTED WITHIN 14 DAYS OF WHEN THE APPLICATION IS FILED.

IT MUST REMAIN POSTED UNTIL A FINAL DECISION BY THIS BODY IS MADE AND IT MUST BE PLACED.

THE SIGN MUST BE PLACED SOMEWHERE THAT IS IN A PROMINENT LOCATION, PROMINENT LOCATION ADJACENT TO A PUBLIC STREET AND EASILY VISIBLE FROM THE STREET.

DOES THAT ANSWER YOUR QUESTION, MS. LAMB? YES.

UM, SO WE HAVE TO MEET ALL THREE OF THOSE PILLARS IN ORDER TO PROPERLY AND LEGALLY BE ALLOW FOR NOTIFICATION OF THIS CASE TO THE PUBLIC.

IS THAT CORRECT? YES.

IF NOTICE, IF PROPER NOTICE WAS NOT GIVEN AND

[00:55:01]

THIS BOARD TAKES AN, UH, AN ACTION, THAT ACTION WOULD BE VOIDABLE BY A COURT.

OKAY.

SO LEGALLY, IF WE FIND THAT THE SIGN WAS NOT VISIBLE AND WAS NOT ADJACENT TO THIS STREET, THAT IT IS OUR DUTY AS A BOARD TO THEN EITHER HOLD OVER THE CASE TO, UM, OR DENY WITHOUT PREJUDICE AND ORDER FOR PROPER NOTIFICATION SO THAT ANY MOTION THAT HAPPENS, IF WE WERE, SIR, IF WE WERE TO HEAR YOUR CASE RIGHT NOW, YOUR NEIGHBORS COULD POTENTIALLY GO TO COURT AND TURN OVER ANY DECISION THAT WE HAVE.

UM, THIS IS NOT SOMETHING WE WANT TO DO.

UM, I MEAN, IF YOU DON'T HEAR MY CASE NOW WE'VE GOT ANOTHER THREE MONTHS OF A DECREPIT STRUCTURE IN THE BACKYARD POSING A RISK TO MY FAMILY AND THAT'S NOT SOMETHING I'M OKAY WITH.

AND NO ONE SHOULD BE OKAY WITH THE CITY OF DALLAS.

SHOULDN'T BE OKAY WITH IT.

TO THINK THROUGH HOW MANY TIMES I'VE COME TO THE CITY OF DALLAS SCREAMING THAT THE RISK THAT'S INVOLVED AND YOU'VE GUYS HAVE IGNORED IT, THAT IS NEGLIGENCE FROM THE CITY OF DALLAS.

NO QUESTION ABOUT IT.

IF SOMETHING HAPPENS, WHO IS GONNA BE RESPONSIBLE FOR THAT? I MEAN, I, I CAN'T SPEAK.

WE HAVE NOT BEEN BRIEFED.

I CAN'T SPEAK TO THE STATE OF YOUR, YOUR GARAGE STATION.

I MEAN, YOU HAVE LAWYERS, SO YOU SHOULD ASK HIM WHAT, WHAT THE RISK IS THERE.

I HAVE A LETTER FROM A LICENSED ENGINEER SAYING IT'S IN DANGER OF COLLAPSE AND I'VE COME TO THE CITY MULTIPLE TIMES ASKING TO BE ABLE TO TAKE THIS THING DOWN AND REBUILD IT FOR WHAT THE HISTORIC DISTRICT HAS SAID AND THEY'VE NOW APPROVED IT.

AND NOW WE'RE TALKING ABOUT PUSHING THIS MEETING TILL AUGUST.

FOUR MONTHS FROM NOW.

THREE MONTHS FROM NOW.

I MEAN, WE'RE IN A LITTLE BIT OF A LEGAL PICKLE HERE.

HOLD ON.

MY QUESTION WOULD BE FOR OUR STAFF HERE IS THAT IF, UM, THE APPLICANT HERE BOUGHT THE PROPERTY OR HAS THIS KNOWLEDGE OF THE STRUCTURE AND THE DECREPIT STATE THAT IT'S IN, ACCORDING TO HIM, THAT'S NOT WITHIN OUR PURVIEW.

IS THAT CORRECT? SO THE DEMO PERMIT IS NOT WHAT WE'RE DISCUSSING HERE.

THIS IS, IT'S A HISTORIC, THE CITY, THE HISTORIC DISTRICT DOES NOT APPROVE DEMO PERMITS.

THEY APPROVED RECONSTRUCTION PERMIT.

SO I, I WENT FOR A DEMO PERMIT AND THEY TOLD ME TO GET LOST.

BUT WE'LL APPROVE THIS RECONSTRUCTION PERMIT WHERE YOU TAKE DOWN EVERY BRICK AND THEN YOU PUT EVERY BRICK BACK EXACTLY WHERE IT WAS.

AND THAT'S WHAT I'VE AGREED TO DO WITH THEM.

YOU HAVE TO GO, YOU CAN'T DEMO, YOU HAVE TO GO THROUGH THE LANDMARK COMMISSION AND GET APPROVAL BEFORE YOU CAN EVEN DEMO OR SEEK A MM-HMM.

.

AND HE'S GONE THROUGH THAT PROCESS.

UM, NO, PUT THIS TO WHERE WE'RE AT.

UM, UNFORTUNATELY THAT'S, THESE ARE SEPARATE MATTERS.

SO WE HAVE TO, UM, WE ARE HERE TO DETERMINE AT THIS POINT WHETHER POP PROPER NOTICE HAS BEEN MADE.

UM, AT THIS POINT I THINK WE, CAN I ASK A QUESTION? WHEN YOU, YOU SAY YOU'RE, YOU'RE FINDING IT NOT TO BE ADJACENT TO THE STREET.

IT IS NOT.

SO THE, THE STREET, THE STREET ENDS AT THE CURB.

SO YOU'RE SAYING THAT EVERY SIGN NEEDS TO BE AT THE CURB ADJACENT TO THE STREET ADJACENT.

SO IF A CAR PARKS IN FRONT OF THIS SIGN GOING FORWARD, IF I MOVE IT TO ON, YOU KNOW, NEXT TO THE CURB AND A CAR PARKED, NO ONE'S GONNA SEE IT CUZ IT'S GONNA BE BLOCKED BY A CAR.

THAT DOESN'T MAKE ANY SENSE, SIR.

YOU, I THINK THESE ARE ALL, OKAY.

SO YOU SIGN, I KNOW YOU'RE FRUSTRATED.

UH, YOU SIGNED THIS LETTER.

IF THESE WERE QUESTIONS THAT YOU HAD AT THE TIME THAT YOU SIGNED IT, YOU THESE WERE, THAT WAS THE TIME TO ASK THIS.

AND THEY SAID EVERYONE PUT IT IN THE WINDOW.

I DID.

I SAID, WHERE DO WE PUT THIS? AND THEY SAID, ON A WINDOW.

MOST PEOPLE PUT IT IN A WINDOW.

I WOULD.

WE WERE, THAT'S WHAT I DID.

HERE'S THE THING, WE, NO HOUSE IS ADJACENT TO THE STREET.

THEY'RE ALL SET BACK SOMEHOW.

SO WE ARE ONLY, SO IF EVERYONE ELSE WHO DOES THIS PUT THIS IS IN A WINDOW AND I DO THE SAME THING AS EVERY OTHER, OUR, OUR SOMEONE WHO'S LIVING IN A HOUSE.

SO OUR PANEL IS ONLY ALLOWED TO LOOK AT THE EVIDENCE THAT'S PROVIDED.

THE ONLY THING THAT WE HAVE IN REFERENCE TO SIGN PLACEMENT, AND IT'S SOMETHING THAT YOU SIGNED WHEN YOU FILED FOR THIS APPLICATION, WAS THAT YOU AGREE THAT IT WOULD BE POSTED ADJACENT TO THE STREET.

NOW WE WERE NOT THERE WHEN YOU HAD THE CONVERSATION ABOUT PROPER PO SIGNAGE AND WHERE IT WAS LOCATED.

THE ONLY THING WE CAN GO OFF OF IS THIS LETTER THAT SAYS THAT YOU AGREE THAT THE SIGN WILL BE VISIBLE AND ADJACENT TO THE STREET.

WELL MAYBE THE LAWYERS CAN OPINE ON WHAT ADJACENCY MEANS BECAUSE TO ME IT MEANS THAT IT'S THAT SIDE OF THE HOUSE THAT, THAT'S A QUESTION.

IT'S FACING THE STREET.

CAN Y'ALL NOT THE BACKSIDE OF THE HOUSE, WHICH IS FACING ADJA TO THE ALLEY, SIR.

SO ADJACENCY I THINK SHOULD BE DEFINED.

OKAY, SIR, GIVE US JUST A MOMENT.

WE WILL HAVE.

CAN YOU, I, I MEAN I AM, I'M HEARING FROM OUR APPLICANT, I'M HEARING MS. LAMB, UM, I'M LOOKING AT HIS SITE PLAN THAT SHOWS THAT IT IS 80 FEET.

I'M LOOKING AT THE BACK OF THIS ROOM THAT LOOKS ABOUT 80 FEET TO ME.

UM, SO HELP ME UNDERSTAND WHAT ADJACENT TO THE STREET MEANS, BECAUSE THAT IS A VERY LEGAL, UM, NEBULOUS TERM.

AND I MEAN OBVIOUSLY IT'S GONNA BE IN OUR OPINION, BUT I WOULD LIKE SOME WORDS FROM THE LAWYERS ON THAT PLEASE.

VICE CHAIR GABO CHAPTER 51 A DOES NOT DEFINE WHAT ADJACENT MEANS.

A COURT WOULD CONSIDER THE ORDINARY WHEN A STATUTE DOES NOT DEFINE WHAT A TERM MEANS.

A COURT WOULD USE THE ORDINARY PLAIN MEANING LANGUAGE.

SO IT WOULD BE A DICTIONARY DEFINITION OF WHAT ADJACENT MEANS.

I HAVE A

[01:00:01]

QUESTION OF STAFF.

UM, CAN WE SHARE THE SCREEN AND SHOW OUR PHOTOS THAT YOU TOOK OF WHAT WE WERE ABLE TO REVIEW OF WHERE THE SIGN WAS PLACED.

AND THEN NOW WE CAN ASK THE APPLICANT, IS THIS WHERE THE SIGNAGE WAS? UM, AND WE CAN HAVE HIM VERIFY OR GIVE INDICATION OF WHERE THE, THE SIGN HAS BEEN PLACED.

I THINK IT'S IMPORTANT THAT WE'RE ALL REFERENCING THE, THE, THE, THE NOTIFICATION SIGN AND LOCATION GIVE SIR, GIVE US JUST A MOMENT.

JUST MAKE SURE THAT WE'RE ALL ON THE SAME PAGE IN TERMS OF WHAT WE WERE PRESENTED WITH A SIGNAGE WAS AND WHERE, WHERE THE SIGNAGE HAS BEEN SINCE, SINCE YOU PUT IT UP.

SINCE YOU RECEIVED IT.

CAN Y'ALL SHARE THAT SCREEN OR PUT IT UP ON THIS SCREEN? OKAY.

ALL RIGHT.

OKAY.

BUT WHILE THAT'S BEING BROUGHT UP FROM WHAT MY UNDERSTANDING WAS IS THAT THE SIGN THAT WE ALL SAW IN THE PORTICO FROM THIS MORNING'S BRIEFING WAS THERE UP UNTIL THIS MORNING WHEN THE SIGN WAS RELOCATED TO THE FRONT YARD.

I THINK WE JUST NEED HIM TO SEE THE PHOTO AND VERIFY IF THAT WAS LOCATION AND THEN WE CAN ALL GET ON THE SAME PAGE.

WE WANNA MAKE SURE THAT WE'RE NOT, I'VE, I'VE ALREADY SEEN IT AND I, I VERIFY THAT'S WHERE IT'S BEEN.

OKAY.

UM, WOULD YOU SAY THAT THAT IS VISIBLE FROM THE STREET? I MEAN IT'S VISIBLE IN THAT PICTURE AND THAT PICTURE IS TAKEN FROM THE STREET.

SO YES.

WAS THERE ANOTHER, CAN YOU SHOW US THE OTHER PHOTO? YOU SEE THE STEPS UP THERE AND YOU CAN SEE THAT THERE'S A SIGN NEXT TO THE DOOR WITH NOTICE.

NOW YOU CAN'T READ NOTICE IN THAT PICTURE CAUSE IT'S BLURY.

SO THIS, THIS WOULD BE A PICTURE FROM THE STREET, RIGHT? BUT THAT'S NOT YOUR EYE.

THAT'S A CAMERA TAKING A PHOTO, NOT YOUR EYES.

UM, AND EVERYONE KNOWS THAT A CAMERA MAKES IT APPEAR FURTHER AWAY THAN IT REALLY IS.

I, OKAY.

I SO JU JUST TO CONFIRM, SIR, THIS IS WHERE THE SIGNAGE HAS BEEN UP UNTIL THIS MORNING, IS THAT CORRECT? THAT IS CORRECT.

OKAY.

THANK YOU.

SO, UM, I, WE, WE, WE HAVE, WE HAVE A MOTION ON THE FLOOR, BUT IT'S HELD SO WE NEED TO MAKE, I, CAN WE BE HAVING THIS DISCUSSION OR DO WE NEED TO MAKE ANOTHER MOTION? AND IT WASN'T, IT WAS HELD.

WE, WE HELD, WE HELD A MOTION.

WE TABLED IT BEFORE.

OH, CUZ I FEEL LIKE WE'RE IN THE DISCUSSION PHASE PRETTY HEAVILY.

SO, UM, CAN WE, WE PROBABLY NEED TO CLOSE THE PUBLIC HEARING AND CONTINUE OUR DISCUSSION.

UM, CAUSE I DON'T THINK WE HAVE, UNLESS THERE ARE OTHER QUESTIONS FOR THE APPLICANT.

SO I GUESS I DON'T HAVE ANY MORE QUESTIONS FOR THE APPLICANT.

DO YOU HAVE ANY QUESTIONS FOR THE APPLICANT? I JUST WANNA, I JUST WANNA MAKE ONE COMMENT ABOUT THIS.

THE WHOLE IDEA OR PREMISE OF POSTING, POSTING THE SIGN IS TO AFFORD THE PUBLIC OPPORTUNITY TO REACT OR RESPOND TO WHAT'S GOING ON AND ALSO MAKE THEM AWARE OF THE NEW DEVELOPMENT YOU'RE SEEKING IN THIS PICTURE.

I THINK HE'S DENIED PEOPLE THE OPPORTUNITY CUZ THEY CAN'T SEE.

SO, ALL RIGHT.

THAT WE'RE KIND OF MOVING BACK INTO DISCUSSION.

SO LET'S, UM, IF WE CAN HAVE A MOTION, UM, WE CAN DISCUSS AND THEN FIGURE OUT WHAT WE WANNA DO FROM THERE.

SO I THINK THE, THE MOTION ON THE TABLE THAT WAS NOW HELD WAS TO DENY WITH WITHOUT PREJUDICE, WHICH WOULD ALLOW FOR US AS A CITY TO REINFORCE PROPER NOTIFICATION.

SO BY CHAIR GAMBLE, IF I CAN JUST JUMP IN REAL QUICK.

IF THERE WAS A MOTION THAT WAS TABLED, THERE'S NO LONGER ANYTHING BEFORE THE BODY, SO WE WOULD NEED A NEW MOTION TO BE MADE.

YEAH.

SO I'M THINKING, OKAY, SO WE TABLED SO THAT THE TABLING OF THE MOTION BASICALLY GOT RID OF THE MOTION.

WE NEED TO MAKE A NEW ONE.

THANK YOU.

OKAY, SO WE NEED A NEW MOTION.

UM, ALL RIGHT, MS. LAMB.

UM, I MAKE A MOTION THAT WE DENY THIS CASE WITHOUT PREJUDICE.

UM, PERIOD I SECOND GLOVE.

SO THE REASON, DISCUSSION, THE REASON WHY WE ARE DENYING WITHOUT PREJUDICE IS BECAUSE THE ONLY REASON WHY IT'S NOT ON THE MERITS THE CASE, IT'S BE DUE TO, UM, IMPROPER NOTIFICATION.

UM, TWO OF THE THREE PILLARS WERE MET, BUT UM, SIGNAGE WAS NOT PROPERLY, UM, POSTED AND IT DID NOT ALLOW INPUT FROM THE COMMUNITY.

UM, AND ALTHOUGH I WOULD LIKE TO JUST HOLD IT OVER, I THAT DOESN'T, UM, ASSURE THAT PROPER NOTIFICATION, SIGNAGE, PLACEMENT, THE ONLY WAY TO AFFIRM THAT IS BY DENIAL WITHOUT PREJUDICE, WHERE THE APPLICANT WILL REFILE, UM, SIGNAGE WILL THEN STAFF WILL, WILL THEN COME BACK AND ASSURE THAT THERE IS PROPER SIGNAGE POSTED AND WE WILL BE REPRESENTED THIS CASE.

SO I CANNOT SUPPORT THIS MOTION.

UM, I FEEL LIKE THE, UM,

[01:05:01]

SAYS IT NEEDS TO BE VISIBLE, NOT READABLE.

IT IS VISIBLE.

I CAN SEE IT.

IF I WERE WALKING DOWN THE STREET, I COULD SEE IT.

IT'S VISIBLE, BUT IT IS NOT READABLE.

UM, BUT IT IS VISIBLE, WHICH IS WHAT IT SAYS I THINK, ADJACENT TO THE STREET.

UM, I DO NOT FIND THAT TO BE SUPER HELPFUL INFORMATION.

UM, I'M A HOMEOWNER.

YOU'RE IN THE MIDDLE OF CONSTRUCTION.

YOU HAVE TWO CHILDREN.

HONESTLY, IF I GOT THAT, AND I HAVE NO IDEA IF THEY TOLD HIM TO PUT IT IN HIS WINDOW OR NOT, BUT I'VE SEEN THEM IN WINDOWS.

I'VE SEEN WHERE PEOPLE HAVE PUT THEM.

I DON'T THINK HE WAS TRYING TO HIDE ANYTHING.

UM, AND SO I, I AM STRUGGLING THAT IT WAS, I DO FEEL LIKE HE FOLLOWED THE RULES, THE WAY HE INTERPRETED THOSE RULES.

AND I THINK THAT LEAVES A LOT OPEN FOR OPINION.

AND IT IS AN HISTORIC DISTRICT AND NOT THAT THAT HAS ANY BEARING ON WHAT THE NOTIFICATION WAS, BUT THE HISTORIC DISTRICT HAS APPROVED WHAT IS THERE? HE IS WAITING.

WE WOULD BE HOLDING THIS CASE UNTIL AUGUST.

I DO NOT THINK THAT IS FAIR TO THE TAXPAYERS.

SO WE, WHAT HAPPENS WITH THE HISTORIC DISTRICT? WHAT HAPPENS WITH THE LANDMARK COMMISSION IS SEPARATE THAN WHAT HAPPENS HERE.

NOTIFICATION AND I, ALTHOUGH I'M SYMPATHETIC, HE CAN COME BACK.

UM, HE COULD EVEN APPLY FOR A FEE WAIVER IF HE WANTS.

BUT THE ONLY WAY TO ASSURE, ENSURE PROPER NOTIFICATION IS TO DENY WITHOUT PREJUDICE AND HAVE HIM COME BACK.

AND THIS IS NOT VISIBLE FROM THE STREET.

I DON'T BELIEVE THAT IT'S SUFFICIENT ENOUGH TO NOTIFY THE PUBLIC.

AND THE HISTORIC DISTRICT, UM, IS VERY EXPANSIVE.

THIS PROBABLY, UM, THE NOTIFICATION WITHIN 200 FEET OF THE, OF THIS SITE ONLY COVERS 16 HOMES.

AND THAT IS MAYBE ONE BLOCK OF SWISS AVENUE.

I THINK THIS ENTIRE HISTORIC DISTRICT HAS THE RIGHT TO BE NOTIFIED OF THIS APPLICATION.

AND THE ONLY WAY TO DO THAT IS TO HAVE A SIGNAGE THAT'S ADJACENT TO THE STREET AND POP PROPERLY VISIBLE.

AND THAT IS NOT WHAT IT WAS ACHIEVED HERE.

AND I DON'T THINK, BY THE WAY, I DON'T THINK IT WAS, IT, IT A, THE INTENT TO HIDE THE PROJECT, BUT IT IS HIS RESPONSIBILITY AS AN APPLICANT WHEN SIGNING THIS TO PROPERLY NOTICE AND SHOW SIGNAGE.

IF HE HAD QUESTIONS, IT WAS HIS JOB, NOT THE