[00:00:02]
[Board of Adjustments: Panel B on May 17, 2023]
OKAY.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.
SOME OF THESE ARE TIED TO EL SITE PLANS AND ELEVATIONS.
SOME OF THESE ARE TIED TO SITE PLANS AND ELEVATIONS.
ON THAT, BECAUSE THEY'RE, YEAH.
ARE WE RECORDING? OKAY, WE WILL START OVER.
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.
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.
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.
NOW WE'LL MOVE TOWARDS THE SURROUNDING SITES.
THIS IS, UM, A LITTLE FURTHER DOWN THE STREET.
AND THIS IS AN INTERSECTION AND WE'RE BACK AT THE SITE ON THE SIDE OF IT.
THIS IS LOOKING DIRECTLY ACROSS THE STREET.
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.
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.
HOW DOES THAT APPLY? SORRY,
THIS DISTRICT, WELL, NOT NECESSARILY, IT'S JUST LETTING YOU KNOW THAT IT'S LOCATED IN THAT ZONING DISTRICT.
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.
[00:10:01]
COMMERCIAL.SO THE ORIGINAL REQUEST FOR THE VARIANCE, WE ARE RECOMMENDING DENIAL, BUT FOR THE LANDSCAPE REGULATIONS, I'M GONNA LET PHIL ANSWER THAT PORTION.
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.
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.
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.
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.
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.
AND WE HAVE TWO MOTIONS, SO, OKAY.
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.
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.
ARE THERE ANY OTHER QUESTIONS ON THIS CASE? ALL RIGHT, LET'S MOVE ON THEN TO BDA 2 23 DASH 0 2 360 10.
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.
[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.
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.
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.
I'M GONNA GO UP TO THE RECOMMENDATION AND NOW I'LL MOVE TO THE RECOMMENDATION.
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.
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.
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.
PART OF THE DALLAS DEVELOPMENT CODE, YOU CAN ONLY HAVE ONE ELECTRIC METER ON A DWELLING UNIT.
BUT THEY REQUESTED A SECOND ONE FOR PAN A, SO THIS IS DIFFERENT.
AND I'M GONNA SHOW YOU ALL THE GOOGLE MAP IN JUST A SECOND.
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.
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.
AND HE, HE DID STATE THAT IT WAS FOR HIS MOTHER-IN-LAW.
I HAVE THAT IN MY NOTES, BUT YEAH,
I'M GETTING READY TO SHOW YOU THE, THE, IT'S OKAY.
SO WHERE MY CURSOR IS, IS THE SUBJECT SITE.
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.
BUT YOU KNOW, THIS ACTUALLY THE AERIAL WILL BE HELPFUL TO SEE WHAT OTHER ADUS ARE.
CAUSE WE DON'T HAVE STREET VIEW AND ALL THAT.
THIS IS A TERRIBLE, THIS IS ALL WE GOT.
NOT GREAT QUALITY, NOT THE BEST QUALITY.
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.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.
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.
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.
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.
LET'S GO AHEAD AND GET STARTED THEN.
THANK YOU EVERYBODY FOR BEING VERY PATIENT.
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.
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.
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.
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.
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.
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.
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.
UM, DO WE HAVE A MOTION TO APPROVE OUR MINUTES? I MOVE TO APPROVE OUR, UH, THE MINUTES FROM OUR PREVIOUS MEETING.
THAT MOTION? ALL IN FAVOR SAY AYE.
UH, ANY OPPOSED? MOTION PASSES UNANIMOUSLY.
OH, WHAT, WHAT WAS THE DAY OF THE MEETING? UM, THE MEETING FROM APRIL 16TH.
APRIL 19TH, 2023 ARE THE MINUTES WE JUST APPROVED.
I WOULD LIKE TO AMEND MY MOTION TO APPROVE THE MINUTES FROM APRIL 19TH.
THAT MOTION? ALL IN FAVOR? AYE.
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.
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.
CAN WE HAVE A ROLL CALL VOTE MR. CANAN? AYE.
MS. LAMB? AYE, UH, MS. VICE CHAIR? UM, AYE.
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.
UM, IF JUST CLEARER, UM, AS TO WHO IS ABOUT TO GIVE MOTIONS, I'D BE GREATLY APPRECIATE IT.
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.
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.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.
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, 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.
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 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.
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.
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.
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.
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.
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.IF WE CAN GET OUR, UM, I GUESS THIS IS, UH, MR. ABDUL GANI ON, THERE HE IS.
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 MUST BE SWORN IN AND YOU NEED TO BE SWORN IN.
WE NEED TO SWEAR YOU IN BEFORE YOU START.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING, PLEASE.
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.
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.
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.
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.
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.
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.
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, 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.
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.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.
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.
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.
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.
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, 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 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 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.
[00:50:01]
WE, YOU KNOW, WE ARE EMPATHETIC WITH YOUR FRUSTRATIONS AND ALL OF US WANT TO SEE THESE CASES MOVE ALONG.WE ARE APPOINTED BY THE CITY COUNCIL.
WE WANT TO SEE THESE CASES MOVE ALONG.
WE KNOW THAT YOU HAVE PROPERTY RIGHTS.
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.
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.
I HAVE A QUESTION, UM, FOR YOU.
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.
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.
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.
WE DON'T HAVE TO RE-NOTICE THE NEWSPAPER OR THE PROPERTY OWNERS.
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.
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.
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.
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.
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.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.
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.
IF SOMETHING HAPPENS, WHO IS GONNA BE RESPONSIBLE FOR THAT? I MEAN, I, I CAN'T SPEAK.
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.
I MEAN, WE'RE IN A LITTLE BIT OF A LEGAL PICKLE HERE.
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.
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.
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 SAID, WHERE DO WE PUT THIS? AND THEY SAID, ON A WINDOW.
MOST PEOPLE PUT IT IN A WINDOW.
HERE'S THE THING, WE, NO HOUSE IS ADJACENT TO THE STREET.
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.
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.
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.
[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.
CAN Y'ALL SHARE THAT SCREEN OR PUT IT UP ON THIS SCREEN? 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.
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.
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 SO JU JUST TO CONFIRM, SIR, THIS IS WHERE THE SIGNAGE HAS BEEN UP UNTIL THIS MORNING, IS THAT CORRECT? THAT IS CORRECT.
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.
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.
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.
SO I'M THINKING, OKAY, SO WE TABLED SO THAT THE TABLING OF THE MOTION BASICALLY GOT RID OF THE MOTION.
OKAY, SO WE NEED A NEW MOTION.
UM, I MAKE A MOTION THAT WE DENY THIS CASE WITHOUT PREJUDICE.
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.
[01:05:01]
SAYS IT NEEDS TO BE VISIBLE, NOT READABLE.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.
YOU'RE IN THE MIDDLE OF CONSTRUCTION.
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 CITY TO GO AND, AND, AND, AND MAKE SURE THAT SIGNAGE WAS PROPERLY POSTED.
VICE CHAIR GABO, I HAVE A, UM, HOLD ON.
THIS IS DISCUSSION ON, I GUESS, UH, GIVE A SECOND.
SO IT'S BA UM, I ALSO WOULD'VE BELIEVED THAT HOLDOVER OR HOLDING THIS MATTER UNDER ADVISEMENT WOULD'VE BEEN THE PROPER WAY TO GO.
I KNOW THAT OUR DISCUSSION HERE TODAY HAS BEEN ON THE SIGNAGE LOCATION.
UM, HOLDING IT UNDER ADVISEMENT WOULD'VE GIVEN OUR APPLICANT, I BELIEVE, THE DUE TIME TO GET THE SUPPORT IN WRITTEN DOCUMENTATION FROM THE NEIGHBORS THAT HE'S CLAIMED TO HAVE SPOKEN WITH, AND THEN ALSO THAT PERIOD OF TIME TO ACTUALLY HAVE THE SIGN IN A PROPER PLACE.
BUT FURTHERING ON THE DISCUSSION HERE, I THINK THAT A LOT OF THIS WAS BASED ON SUBJECTIVE.
YOU KNOW, WHAT'S VISIBLE, I'M A 33 YEAR OLD PERSON, I CAN'T SEE THAT, BUT MAYBE SOMEONE THAT'S OLDER THAN ME CAN, THAT'S SO BASED ON THE EYEBALLS.
SO I THINK JUST AS A BODY HERE, WE NEED TO HAVE MORE SPECIFICITY AS TO WHAT WE'RE REQUIRING AS FAR AS SIGNAGE, LOCATIONS.
UM, THIS IS A 77 FOOT FRONTAGE ON A STREET.
SO I MEAN, 75 SEAT FEET FROM THE STREET COULD BE TECHNICALLY ADJACENT OR NOT.
BUT, UM, THAT'S WHERE I STAND MY POINT OF DISCUSSION.
NOW, I DO THINK IT'S IMPORTANT TO NOTE THAT WE HEAR HUNDREDS OF CASES A YEAR IN FRONT OF THIS BOARD.
AND ALTHOUGH THERE ARE A FEW RARE CIRCUMSTANCES SUCH AS TODAY WHERE INTERPRETATION IS DIFFERENT THAN WHAT IS SIGNED HERE, BUT WE RARELY EVER HAVE THIS PROBLEM WHERE PROPER SIGNAGE IS NOT POSTED.
SO I THINK THAT THE MAJORITY OF THOSE APPLICANTS THAT COME IN FROM THIS BOARD ABIDE BY WHAT THEY SIGN IN TERMS OF PROPERLY POSTING SIGNAGE.
SO, ALTHOUGH IF A PERSON WAS NOT AN APPLICANT DID NOT FELT LIKE IT WAS TOO VAGUE AND O OPEN FOR INTERPRETATION, IT'S ON THE APPLICANT TO THEN CLARIFY WITH THE CITY BECAUSE IT'S PART OF THEIR RESPONSIBILITY TO PROPERLY, PROPERLY NOTIFY.
BUT ACCORDING TO HIM, HE DID CLARIFY WITH THE CITY AND THEY SAID TO PUT IT IN A WINDOW, AND HE'S PRETTY CLOSE TO A WINDOW.
I, I, I THINK THIS IS, UM, I THINK THIS IS LEFT UP TO THE OPINION OF THE PEOPLE.
I I, I ALSO WILL SAY I'VE SAT ON THIS BOARD FOR A WHILE, AND HONESTLY OVER THE LAST THREE OR FOUR MONTHS IS THE FIRST TIME I'VE EVER SEEN THEM SHOWING SIGNS OF WHERE THEY HAVE STUCK THEM.
VERY RARELY HAVE I SEEN THAT IN A PRESENTATION.
SO I CAN'T SAY WITH AUTHORITY THAT THAT IS SOMETHING WE'VE BEEN LOOKING FOR OVER THE PAST FEW YEARS.
AND MAYBE THIS IS SOMETHING NEW.
I MEAN, I'M, I, I UNDER, I AM I VERY MUCH, CAN I, I CAN MAKE AN ARGUMENT EITHER WAY, BUT GIVEN WHAT I HAVE SEEN ABOUT THIS CASE, AND I REALIZE THAT THE HISTORIC DISTRICT IS DIFFERENT THAN WHAT WE ARE DOING, I CANNOT IMAGINE THE HISTORIC DISTRICT DID NOT TAKE INTO ACCOUNT IF THEY HAVE APPROVED THIS BUILDING WITH 500 EXTRA SQUARE FEET AND THEY HAVE SAID, OKAY.
IF WE WERE TO HEAR THIS CASE TODAY, IT IS VERY LIKELY, AND WE WERE TO MAKE A MOTION THAT IT WILL EITHER BE
[01:10:01]
OVERTURNED A DISTRICT COURT BECAUSE THE, THE COMMUNITY WAS NOT PROPER NOTIFIED, OR I, I I THINK THEY WERE PROPERLY NOTIFIED.I DON'T, WELL, I, I MEAN, WE, WE CAN, WE CAN AGREE TO DISAGREE AND WE CAN TAKE A VOTE.
ALL RIGHT, LET'S TAKE A ROLL CALL VOTE.
WAIT, WAIT, WHAT? DO WE KNOW WHAT WE'RE, HOLD ON.
SO THE MOTION IN FRONT OF US IS TO DENY, DENY WITHOUT THIS CASE, WITHOUT PREJUDICE BASED ON NOT PROPERLY NOTIFYING THE PUBLIC.
SO YOUR I THAT, SO IF YOU SUPPORT DENYING THIS CASE WITHOUT PREJUDICE, IT IS YAY.
IF YOU DO NOT SUPPORT THAT, IT IS NAY, CORRECT? YES.
WHY DON'T WE START OVER WITH MR. CANNON? YES.
MS. LAMB? AYE, UH, VICE CHAIR NAY.
SO THIS CASE WILL BE HELD WITH, UH, THIS CASE WILL BE DENIED WITH PRE, WITHOUT PREJUDICE? YES.
MOVING ON TO BDA 2 23 DASH 0 3 8 52 15 MORNINGSIDE AVENUE.
THIS IS ANOTHER ONE OF THOSE CASES.
WHAT WE HAVE TO DETERMINE WHETHER PROPER NOTIFICATION AND SIGNAGE.
THIS IS A ATION DISTRICT, SO, YEP.
IS THE APPLICANT HERE IN THE ROOM TODAY? OKAY.
PLEASE STEP FORWARD AND WE'LL SWEAR YOU IN.
AND THEN YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD.
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.
MY NAME IS SCOTT JORDAN, I LIVE AT 52.
SO I THINK THE ONLY THING THAT WE'RE SPEAKING ON RIGHT NOW IS, UM, SIGNAGE LOCATION.
SORRY, WHAT DID YOU SAY? SO THE ONLY THING THAT WE'RE ABLE TO, WE NEED TO MAKE A DECISION ON RIGHT NOW IS PROPER NOTIFICATION, UM, WHETHER SIGNAGE WAS PROPERLY PLACED AND WHETHER THE PUBLIC WAS AWARE OF THE ZONING CASE COMING IN FRONT OF THIS BOARD.
SO THAT IS FOR YOU TO ARTICULATE WHERE THE SIGNAGE, THE SIGN WAS PLACED AND WHETHER THE COMMUNITY IS PROPERLY NOTIFIED.
IF WE DETERMINE THAT THEY WERE, THEN WE'LL MOVE FORWARD AND HEAR YOUR CASE.
AND IF NOT, THEN WE WILL MOVE FORWARD EITHER HOLDING IT OVER OR, UM, DENYING FOR YOU TO COME BACK.
SO, SO AS FAR AS JUST A LITTLE BIT ABOUT ME, MY NAME IS SCOTT JORDAN.
I LIVE 52 15 MORNINGSIDE, AND WE JUST BOUGHT THAT HOUSE LAST YEAR.
WE LIVED 30 YEARS PREVIOUSLY, 300 FEET AWAY ON HOMER.
UH, SO WE'VE LIVED IN THE NEIGHBORHOOD FOR A LONG TIME.
WE KNOW ALL OF THE NEIGHBORS AROUND OUR CURRENT HOUSE AND 300 FEET AWAY AT THE OTHER HOUSE, WHICH WAS ALSO PART OF THE NOTIFICATION AREA OF THIS.
UM, WE, LET'S SEE, AS FAR AS NOTIFICATION, UM, BEFORE EVEN GOING TO F FAILING OUT THIS APPLICATION FOR THIS, WE TALKED TO NEIGHBORS ABOUT WHAT WE WERE DOING.
YOU KNOW, LOVED THE HOUSE, LOVED THE NEIGHBORHOOD.
WE'VE BEEN IN BLOCK CAPTAINS, WE'RE CURRENTLY BLOCK CAPTAINS FOR THE CURRENT BLOCK FOR CRIME WATCH.
SO, UM, AND SPOKE WITH THEM ABOUT THE PROJECT.
GLAD THAT WE WERE MOVING IN TO HELP WITH THIS HOUSE THAT WAS, YOU KNOW, SO HORRIBLE.
AND, UM, THE GARAGE WAS DILAPIDATED, OF COURSE.
I KNOW WE HAVE I THINK, THREE LETTERS THAT WERE SENT IN.
UH, IT WAS CONCERNED THIS MORNING LISTENING TO THE BROADCAST SAYING THAT THERE WAS ONLY ONE LETTER.
BUT WE HAVE VERIFICATION EMAILS BACK FROM, UH, SOMEBODY HERE SAYING THAT THAT EVIDENCE WAS RECEIVED BACK BEFORE THE LAST MEETING IN APRIL.
WHEN WE ARE HERE, UH, CAN PLEASE GET A LITTLE CLOSER TO THE MICROPHONE.
JUST, I'M HAVING A LITTLE BIT OF TROUBLE HEARING YOU.
CAN YOU HEAR ME NOW? I DON'T, I DON'T KNOW.
SO WHAT DO YOU NEED ME TO SAY? OKAY.
[01:15:36]
OKAY.I JUST WANNA CLARIFY A COUPLE OF THINGS FOR YOU.
WE'VE HAD A LOT OF INTERESTING THINGS HAPPENING TODAY.
UM, WE, WE WOULD LIKE FOR YOU TO BE ABLE TO PRESENT YOUR CASE.
UM, YOU'RE HERE AND SO FOR THREE MINUTES YOU CAN PRESENT YOUR CASE.
UM, I THINK A COUPLE THINGS YOU NEED TO TOUCH ON, UM, IS ONE WHERE YOUR SIGN WAS PLACED, BUT YOU CAN ALSO, WHICH YOU I THINK YOU'RE BEGINNING TO DO, PRESENT YOUR CASE ON WHY YOU'RE DOING IT, WHAT YOU'RE ASKING FOR, AND MEETING THAT STANDARD FOR VARIANCE.
UM, WE, UH, WE ERRONEOUSLY DID NOT HEAR THE CASE PRIOR TO.
THAT WAS, UH, WE DID NOT, WE MADE A MISTAKE.
UM, SO IF THE GENTLEMAN WANTS TO COME BACK AND HEAR HIS OTHER CASE, WE CAN HEAR HIS CASE.
I JUST GOT ADVICE FROM THE LAWYER.
HOW CAN WE HEAR A CASE IF A PUBLIC HASN'T BEEN PROPERLY NOTIFIED? YEP.
WE ARE ACTUALLY GONNA CALL A RECESS.
WE WANNA MAKE SURE WE'RE DOING THIS PROPERLY.
SIT DOWN FOR JUST A FEW MINUTES AND WE'RE GONNA CALL A 10 MINUTE RECESS.
I AM REALLY APOLOGIZE FOR THE DELAY.
THESE HAVE BEEN TWO RATHER TRICKY CASES AND WE WANNA MAKE SURE, UM, THAT WE ARE ALWAYS DOING IT RIGHT.
AS WE MENTIONED EARLIER, YOU KNOW, WE ARE A QUASI JUDICIAL BOARD, WHICH PUTS A, WHICH SETS SOME VERY NARROW PARAMETERS FOR US, UM, WHEN WE'RE DOING THINGS.
AND SO, BUT WE HAVE CLARIFIED EVERYTHING.
SO, UM, UH, MR. MERRICK, YOU HAVE, UM, FIVE MINUTES TO PRESENT YOUR CASE.
AND THIS IS ACTUALLY SCOTT JORDAN.
YOU HAVE FIVE MINUTES TO PRESENT YOUR CASE.
SO DO I NEED TO TALK ABOUT SIGNAGE OR NOT? UH, WELL WE WOULD, WE, WE WOULD LIKE TO HEAR YOU HAVE FIVE MINUTES.
WE CLEARLY HAVE SOME QUESTIONS ABOUT YOUR SIGN.
UM, THAT YOU HEARD DURING THE BRIEFING.
SO I THINK THAT WOULD BE SOMETHING YOU WOULD WANNA TOUCH ON, UM, WHILE YOU'RE TALKING TO US.
UM, AND SHARE WITH US KIND OF YOUR STORY, FOCUSING ON THE SIGN AND THE STANDARD, WHICH IS THE STANDARD FOR VARIANCE.
AND THEN AS FAR AS LIKE THE TECHNICAL STUFF ABOUT THE BUILDING, I HAVE OUR CONTRACTOR HERE TO ANSWER AND TALK ABOUT THAT.
WELL, WE'LL SEE IF WE NEED TO GET TO THAT.
SO, BUT YOU'VE GOT FIVE MINUTES, BUT APPARENTLY WE ARE NOT RECORDING.
WE ARE JUST ALL SORTS OF MESSED UP TODAY.
EVERYBODY CAN WATCH THIS ON TV.
DO I NEED TO REPEAT EVERYTHING I JUST SAID? ALL RIGHT.
I'M GOING TO, SO WE ARE RECONVENING HERE AT 2:41 PM UM, OUR MEETING, AND I JUST WANT TO CLARIFY FOR EVERYBODY THAT WE, UM, ARE ALL SET, WE HAVE KIND OF CLARIFIED OUR PROCEDURE AND I APOLOGIZE FOR THE DELAY, BUT AS WE SAID, WE ARE A QUASI JUDICIAL BOARD AND WE HAVE A, WE OPERATE IN A VERY NARROW PARAMETER AND, UM, WE JUST ALWAYS HAVE TO MAKE SURE THAT WE ARE FOLLOWING THE GUIDELINES.
AND SO, BUT WE ARE SET TO GO, WE'RE GOOD, EVERYTHING IS FINE.
AND, UM, YOU HAVE FIVE MINUTES TO SPEAK.
UM, AND AGAIN, WE ARE WANTING YOU TO FOCUS ON YOUR CASE, UM, BUILD YOUR CASE FOR THAT VARIANCE BECAUSE THAT'S THE ONLY THING WE CAN RULE ON.
WE CAN'T RULE ON WHY YOU WANT IT.
AND WE ALSO WANT TO UNDERSTAND WHERE YOUR SIGN WAS.
SO MY NAME IS SCOTT JORDAN, 52 15 MORNINGSIDE.
UH, MY HUSBAND TIM MEYRICK IS HERE AS WELL.
AND, UH, WE PURCHASED THE HOUSE LAST YEAR AND, UH, HAVE, OUR FIRST AND REALLY MAIN PROJECT HAS BEEN THE GARAGE.
UH, AS FOR PER THE, WE KNOW ALL OF OUR NEIGHBORS HAVING LIVED WITHIN 300 FEET OF THAT HOUSE FOR, UH, 30 YEARS.
AND WITH REGARD TO THE SIGN, UH, YOU CAN SEE THERE, UH, THAT BASED ON THE PLANTS, UH, THAT SIGN WAS, THAT PICTURE WAS TAKEN AT LEAST TWO, TWO MONTHS AGO.
BUT, UM, SO THE SIGN HAS BEEN UP FOR A WHILE LONG TIME.
AND NEIGHBORS HAVE SEEN IT, THEY'VE COMMENTED ON IT.
UH, YOU CAN SEE IT THERE, UH, VISIBLY, THERE'S A SHADOW ON IT BASED ON THAT TIME OF DAY.
BUT IT IS VERY VISIBLE, UH, CLEARLY VISIBLE FROM THE STREET.
OUR HOUSE IS, OUR YARDS ARE NOT THAT BIG.
[01:20:01]
I HAVE, WE'VE TALKED TO NEIGHBORS ABOUT, UH, THE PROJECT, UH, HAVE SEVERAL LETTERS THAT HAVE BEEN SUBMITTED HERE, I KNOW, UH, INTO EVIDENCE FROM, OF SUPPORT.AND NEIGHBORS HAVE ALL BEEN SUPPORTIVE BOTH BEHIND US, UH, ON OUR BLOCK.
UM, AND ON THE NEXT BLOCK THAT PEOPLE THAT I HAVE TALKED TO AS WELL AS OTHER AREAS IN THE NEIGHBORHOOD.
UM, AND LET'S SEE, YES, THE HOUSE IS 32 FEET FROM THE STREET.
JUST I LOOKED THAT UP WHILE WE WERE
THE, UH, I UNDERSTAND THE PURPOSE OF THE SIGN IS TO BROADCAST THIS EVENT AND THAT THERE'S, THAT THERE WAS, YOU KNOW, A REQUEST FOR, FOR THE VARIANCE AND ALL OF THAT.
AND SO WE HAVE BEEN VERY ADAMANT ABOUT PLACING THE SIGN WHERE IT COULD BE SEEN AND NEAR THE GARAGE, WHICH IS, YOU KNOW, THE THING WE TRIED TO DO SO THAT PEOPLE COULD SEE THE GARAGE AND SEE THE SIGN.
AND ALSO, UM, AND, YOU KNOW, TALKING TO PEOPLE AS WELL.
UM, AS FAR AS JUST THE DELAY, JUST SO YOU KNOW, UM, YOU KNOW, WE WERE HERE LAST MONTH AND THEN THIS PROCESS STARTED I THINK IN, YOU KNOW, JANUARY OR FEBRUARY.
SO THE DELAY DEFINITELY IS, CAUSES FINANCIAL CONCERN, UH, TO US, UM, AS WELL AS TO OUR CONTRACTOR WHO'S HERE.
UM, AND I REALLY WOULD RATHER HIM, YOU KNOW, TALK MORE ABOUT THE CASE AND THE GARAGE ITSELF AND THE VARIANCE.
SO ARE THERE QUESTIONS TO ME THAT I COULD ANSWER? UM, CAN YOU TELL US HOW THE GARAGE GOT BUILT WITHOUT A PERMIT? I WOULD ACTUALLY, UM, LET JAMES TALK ABOUT THAT.
CAUSE WE HIRED JAMES TO, TO BUILD THE GARAGE AND HE, UM, YOU KNOW, IS, IS WAS RESPONSIBLE FOR ALL OF THAT.
DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT THAT IS STANDING THERE NOW? UM, YES.
I, YOU KNOW, IT GOES BACK TO SIGNAGE, UM, AND PROPER NOTIFICATION.
DO WE HAVE ANY OTHER IMAGES FROM THE STREET, UM, OR ANY OTHER IMAGES OTHER THAN THIS? BECAUSE WE ARE HAVING TO RELY ON, IS THIS, AS OF THIS MORNING, IS THIS WHERE THE SIGN IS LOCATED? WAS IT MOVED AT ALL IN A DIFFERENT LOCATION? AS OF THIS MORNING, UH, AFTER LOOKING AT WATCHING THE EVENT THIS MORNING, WE MOVED IT OUT.
I DON'T KNOW IF THIS IS THAT PICTURE, BUT IT'S MOVED OUT, UM, TO, WE SENT THE PICTURE TO SOMEBODY HERE.
UM, BUT IT WAS, IT'S OUT IN FRONT OF THE LITTLE, UM, GARDEN IN THE FRONT RIGHT NOW IN THE YARD.
SO UP UNTIL THIS MORNING THOUGH, THAT SIGN, IT'S ON PLACE, IT'S BEEN ON THE PORCH, UM, OR WHERE YOU COULD SEE IT FROM THE STREET.
DO WE HAVE PHOTOS FROM THE, UM, I'LL SHOW THE PHOTO THAT WAS EMAILED TO ME, UM, EARLIER TODAY.
BUT IT'S STILL, SO FROM MY UNDERSTANDING, THE PICTURE ON HIS PHONE THAT HE SHOWED DIANA SHOWS A SIGN, BUT WHAT WAS EMAILED TO ME, FOR SOME REASON IT APPEARS TO BE CROP.
SO THERE'S STILL NO SIGNAGE IN THE PICTURE, BUT I CAN GO TO MY EMAIL AND SHOW YOU WHAT I HAVE.
UM, BECAUSE I EMAILED IT, HE, WHAT HE SENT, HE MAY HAVE SENT THE WRONG PICTURE, BUT I EMAILED YOU SOMETHING SEPARATELY.
I MEAN, IT'S HELPFUL, SEE IT THAT THE SIGN WAS MOVED TODAY, BUT WE HAVE TO MAKE A DETERMINATION ON WHETHER MM-HMM.
IN REGARDS TO, WELL, IT WAS PROPER NOTIFICATIONS, YOU KNOW, PEOPLE SAW IT, THEY COMMENTED ON IT AND WERE, YOU KNOW, WHEN WE, CUZ WE SIT OUT FRONT QUITE A BIT AND TALK TO NEIGHBORS AND THEY ALL, YOU KNOW, ASKED ABOUT IT AND WANTED TO KNOW WHAT THE PROCESS WAS AND WE GAVE PEOPLE TOURS OF THE GARAGE, YOU KNOW, ALL OF THAT.
IT'S BEEN VERY OUT THERE FOR OUR, OUR NEIGHBORS.
CAN WE PULL UP THE PHOTOS FROM THE, THE BRIEFING? UM, PLEASE.
AND I DO WANNA CONFIRM, I DID SEE THE PHOTO ON HIS CELL PHONE THIS MORNING THAT HE SENT TO ME AND I FORWARDED TO MIKA, BUT IT'S NOT SHOWING UP.
BUT THE ONE ON HIS CELL PHONE DOES SHOW THE SIGN.
SO THIS IS, UM, THIS IS, THIS IS KIND OF SMALL.
CAN WE ENLARGE THE PHOTO OF THE HOUSE? I DON'T HAVE THE CAPABILITIES TO ENLARGE HERE, UM, BECAUSE FROM HERE I CAN'T SEE YOU SIGN IT.
SO, SO FROM THIS PICTURE FROM THE STREET, YES.
COULD YOU, YOU CAN'T SEE IT, BUT WHERE, WHERE IS IT? IS THE SIGN BEHIND THAT COLUMN? IS THIS NO, THE SIGN, UH, CAN I MOVE OVER? WELL, IF YOU'LL PUT IT BACK, THE SIGN WAS, WAS THERE UNTIL LIKE APRIL, UH, BEGINNING MID-APRIL WHEN THOSE PLANTS STARTED GETTING BIGGER, WE MOVED IT TO, UH, BEYOND IN THE PORCH, IN THE MIDDLE, UH, SECTION OF THE PORCH FACING, FACING THE FRONT, THE BIG ARCH THERE.
IT'S RIGHT BEHIND THAT BEHIND, IT'S NOT BEHIND ANYTHING.
SO I HAVE A, ACROSS THE HOUSE, WHERE IS THIS PHOTO TAKEN FROM? IS THIS WE'RE TAKEN FROM A ACROSS THE STREET OR LOOKS LIKE IT'S NEIGHBOR'S YARD ACROSS THE STREET IS WHAT IT LOOKS LIKE TO ME.
[01:25:02]
SO MY QUESTION IS PRETTY FAR BACK IN ADDITION TO MS. LAMBS THAT'S STANDING.SO YOU MOVED IT, AND I GUESS I'M KIND OF GETTING TO THIS CASE IN THE PREVIOUS CASE THAT WE HEARD.
SO AS FAR AS PLACING IT IN THE PORCH, I GUESS, WHAT WAS THE LOGIC BEHIND, BEHIND THAT? I DON'T WANT TO FEED ANY WORDS, BUT JUST WHY THE PORCH AS OPPOSED TO MAYBE THAT WINDOW, WHICH I'M ASSUMING MAYBE YOUR LIVING ROOM OR ON A YARD STICK JUST SINCE THAT IS WELL, YEAH, WHEN THE HOUSE, THE SIGN WAS WHOEVER DELIVERED THE SIGN DELIVERED IT TO OUR PORCH AND SAID IT ON OUR PORCH.
AND SO I THOUGHT THAT THAT WAS WHERE IT WAS SUPPOSED TO BE.
SO WE PUT IT, UH, INITIALLY OVER THERE, YOU KNOW, ON THE SIDE OF THE PORCH WHERE YOU COULD SEE IT WITH THE GARAGE AND YOU COULD SEE IT FROM THE FRONT OF THE HOUSE.
WELL, UM, AS I SAID, AS THOSE PLANTS NOW ARE BIGGER, SO IT WOULD BE COVERING THAT.
SO WE MOVED IT MORE IN TO WHERE YOU COULD SEE IT DIRECTLY, YOU KNOW, WE HAVE A PORCH LIGHT AND STUFF TOO, BUT YOU COULD SEE IT, UM, IT'S RIGHT IN THE MIDDLE OF THAT ARCH AGAINST THE WINDOW THERE.
AND THANK YOU FOR THAT, THAT HELPS OUT.
UM, UH, DO WE HAVE THE AFFIDAVIT, DID THIS APPLICANT ALSO SIGN THE AFFIDAVIT? CAN I SEE THE AFFIDAVIT? PLEASE GO AHEAD.
UM, SO ACCORDING TO THE SITE PLAN, THE, THE GARAGE WAS BUILT ONE FOOT INTO THE SETBACK.
WHAT, WHAT WAS THE REASON FOR THAT? UH, WAS THERE ANY REASON THAT YOU COULDN'T, UM, UH, BUILD IT WITHIN, UH, THE, THE FIVE FEET, THE FIVE FOOT SET BACK? YOU KNOW, HE, YEAH, I THINK JAMES, UH, BARNES CAN PROBABLY TALK TO THAT.
I MEAN, I KNOW THAT IT'S SE LIKE FOUR FEET FURTHER BACK THAN THE PREVIOUS GARAGE WAS.
THAT WAS, WAS THERE AND THE GARAGES THAT ARE AROUND US, IT'S, IT'S MUCH FURTHER BACK THAN THOSE.
WHICH WE SENT PICTURES OF THAT AND IT'S IN EVIDENCE.
SO DO PEOPLE DELIVER THE SIGNS TO PEOPLE'S HOMES? NO, THEY COME WHEN THEY COME TO PAY FOR THE PER FOR THE, UM, OKAY.
THEY GET THE SIGNS GIVEN TO THEM, BUT, OH, SO YOUR CONTRACTOR DELIVERED IT, I GUESS IS, I DON'T KNOW.
AND I, I HAVE ONE MORE THING JUST I THINK IT'S IMPORTANT, UH, TO READ THIS FOR EVERYONE TO, TO HEAR.
UM, I'M NOT SURE ONCE ONE OF YOU SIGNED THIS, BUT, UM, WHOEVER, UH, SUBMITTED THE APPLICATION SIGNED A POST POSTING OF NOTIFICATION SIGN, UM, AND IT, AND IT READS THAT 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 SIGNS MAY RESULT IN EITHER A POSTPONEMENT OR DENIAL OF THE APPEAL.
UH, JUST WANTED TO MAKE IT CLEAR WHY WE'RE ASKING THESE QUESTIONS.
BECAUSE CUZ IT'S NOT ADJACENT TO THE STREET.
UM, SO, UM, AND GRANTED THIS PH THIS PHOTO HERE IS FROM ACROSS THE STREET.
IF WE COULD GO TO THE OTHER PHOTO, UM, EVEN THEN, UM, WITH SHADOWS AND BEHIND PLANTERS, THIS IS ALL THAT WE HAVE TO GO OFF OF.
IT DOESN'T LOOK LIKE IT'S VISIBLE FROM THE STREET OR ADJACENT TO THE STREET.
YOU CAN, I CAN READ NOTICE FROM HERE.
SO I, I I DON'T KNOW THAT ANYBODY WOULD EVER BE ABLE TO READ THE HANDWRITTEN STUFF THAT'S WRITTEN ON MARKER
WELL, I DID NOTICE THAT YOU DO HAVE OTHER SIGNS IN YOUR YARD THAT ARE PROMINENT AND THOSE SIGNS ARE VISIBLE FOR YOUR NEIGHBORHOOD.
UM, THIS SIGN SHOULD PROBABLY BE PLACED IN THE SAME MANNER AS THE OTHER SIGNS THAT YOU HAVE IN YOUR PROPERTY.
UM, ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? NONE FROM THE APPLICANT, BUT I AM CURIOUS TO HEAR FROM THE, UH, THE CONTRACTOR.
UM, DO WE CONTINUE TO HEAR, IS THAT PART OF HIS CASE? DO, IF THERE'S A QUESTION ABOUT NOTICE, DO WE STILL HEAR FROM, DO WE STILL HEAR FROM OTHER PARTIES ABOUT THIS CASE? OR DO WE HAVE TO DETERMINE NOTIFICATION? IS THAT PART OF HIS YEAH, I, I WOULD LIKE TO HEAR THE ANSWER TO MY QUESTION.
FROM MR. BARNES, THE CONTRACTOR.
SO YES, ONE, I JUST WANTED TO SAY THAT THE SIGN WAS UP DOUBLY DOUBLE TIME BECAUSE WE WERE, IT'S BEEN UP SINCE BEFORE APRIL.
SO THAT'S, SO, YOU KNOW, IT'S, WHAT IS IT? FOUR WEEKS IS IT'S SUPPOSED TO BE UP.
IT'S SUPPOSED TO BE UP FROM 12, 14 DAYS AFTER YOU
[01:30:01]
FILED FOR THE APPLICATION.UM, AND IT'S SUPPOSED TO REMAIN UP THROUGHOUT THE ENTIRE PERIOD, UM, THAT YOUR APPLICATION IS, IS GOING THROUGH THIS PROCESS.
SO EVEN IF IT WAS, IT'S HELD OVER, IT STILL NEEDS TO BE PROMINENT AND ADJACENT TO THIS STREET, UM, UNTIL THIS CASE CONCLUDES.
SO WE WILL HEAR FROM THE CONTRACTOR.
SO WE'LL NEED TO SWEAR YOU IN AND THEN IF YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? YES, PLEASE, PLEASE ANSWER.
UM, PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
JAMES BARNES, 44 47 NORTH CENTRAL EXPRESSWAY DALLAS, 75,205.
CAN YOU REPEAT THE QUESTION? YES, GO AHEAD.
SO, UM, I WAS JUST CURIOUS, WHAT WAS THE REASONING BEHIND, UM, INFRINGING IN THE FIVE FOOT SETBACK, UH, WITH THE GARAGE STRUCTURE? BECAUSE IT, IT APPEARS JUST LOOKING AT THE SIDE PLAN THAT THERE'S PLENTY OF ROOM, UM, TO BUY BY THE FIVE FOOT SETBACK.
UM, ON THE ORIGINAL DESIGNS, THIS WAS A, UH, UNDER 15 FOOT HIGH GARAGE AND ONLY NEEDED A THREE FOOT SETBACK PER CODE IN THAT.
I ALREADY, I PUT AN EXTRA FOOT IN JUST IN CASE TO KEEP IT A LITTLE MORE WIDE FROM THE ALLEY BECAUSE THE ORIGINAL STRUCTURE THAT WAS FALLING DOWN WAS ON THE ALLEY, ZERO INCHES FROM THE ALLEY.
SO WE PUT IT FOUR FEET IN ALLOWING FOR AN EXTRA FOOT, EVEN THOUGH IT WAS UNDER 15 FEET.
THE DESIGN CHANGED, THE PAD HAD ALREADY BEEN LAID, AND THE DESIGN WENT OVER 15 FEET THEN DUE TO SOME CHANGES THAT WE WANTED TO DO AESTHETICALLY FOR THE GARAGE.
SO THAT'S WHY IT'S A FOOT OFF, BECAUSE AFTER THE PLANS CHANGED, THEN IT WAS AT FOUR FEET AND NEEDED TO BE AT FIVE FEET AND IT'S ACTUALLY NINE INCHES ON ONE SIDE AND 10 INCHES ON THE OTHER.
IT'S UNDER A FOOT OF VARIANCE.
WE'RE ASKING FOR HOW, HOW DID YOU AND WHY DID YOU START, UM, BUILDING THE GARAGE WITHOUT A PERMIT? SO BEING VERY TRANSPARENT, UM, THE 32ND VERSION, I STARTED THIS COMPANY AS A HANDYMAN DURING COVID JUST TO SURVIVE AND NOT BE ON THE STREETS.
OVER THE LAST TWO YEARS, THIS, UH, THIS PRO, OR EXCUSE ME, THIS BUSINESS HAS GROWN, UH, DUE TO PROFESSIONALISM, TIMELINESS, UH, VERY SPECIFIC DETAILED WORK DONE REALLY WELL.
UH, MY CLIENT, UM, AND I KNEW EACH OTHER AND HE WANTED TO GET A GARAGE DONE.
SO THIS WAS MY FIRST BIGGER PROJECT, EVEN THOUGH I'M HAVE A DESIGNER BACKGROUND AND A BUILDER'S BACKGROUND.
UM, SO WITH THAT IN MIND, UM, I HONESTLY KNEW, I KNEW WE HAD TO HAVE PERMITS FOR A HOME, BUT I HONESTLY DID NOT KNOW WE NEEDED ONE FOR A GARAGE.
THAT'S JUST BEING VERY TRANSPARENT.
I JUST DIDN'T KNOW WHERE ARE YOU IN THE PROCESS OF GETTING APPROVAL FROM THE CONSERVATION DISTRICT? IS THAT STILL ONGOING? NO, THAT'S COMPLETELY DONE.
IT'S COMPLETELY DONE? YES, MA'AM.
YEAH, I'VE PROBABLY GOT ABOUT 20 HOURS OF PAPERWORK IN ON THIS DEAL,
I FEEL LIKE I KNOW EVERYONE IN PERSON UP HERE,
SO THE PLANS THAT WE HAVE RECEIVED FROM THE APPLICANT MEETS THE STANDARD OF THE CONSERVATION DISTRICT.
THE BUILDING OFFICIAL THAT WAS IN HERE EARLIER INDICATED THAT THERE WAS STILL SOME HEIGHT CONCERNS.
UH, HEIGHT RESTRICTION, I BELIEVE IS 24 FEET WE'RE AT 23 9 3 INCHES UNDER.
I, I DON'T THINK THE CONCERN WAS THE HEIGHT, BUT I'M NOT SURE, I DON'T THINK THAT THE CERTIFICATE OF APPROPRIATENESS HAS BEEN, UH, APPROVED YET.
IS THAT IN CU IT'S IN CUSTOMER TIME, I BELIEVE.
IS THAT IN, IS THAT CONTINGENT UPON WHAT HAPPENS HERE? CORRECT.
SO, SO EVERYTHING, HE'S, HE'S DONE EVERYTHING UP THAT HE CAN DO WITH THE CONSERVA CONSERVATION DISTRICT UP UNTIL THIS POINT WHERE HE NEEDS THE BOARD TO GRANT A VARIANCE IN ORDER FOR FINAL APPROVAL FROM THE CONSERVATION DISTRICT? YES.
IS THAT YOUR UNDERSTANDING? YES.
THAT'S MY UNDERSTANDING, MS. LAMB.
WERE YOU, UH, WERE YOU THE ONE THAT RE RETRIEVED THE SIGN? I DID.
I BROUGHT THE SIGN TO THE HOME AND I PUT IT ON THE PORCH.
UM, WE WERE WORKING, I ACCIDENTALLY DIDN'T PUT IT, UH, YOU KNOW, OUT IN WHERE MAYBE IT SHOULD HAVE BEEN.
I DON'T KNOW, QUITE HONESTLY, AFTER I SIGNED THE DOCUMENT AND TOOK THE SIGN, WE HAD GONE THROUGH SO MUCH, JUST GETTING TO THAT POINT.
I JUST WANTED TO GET TO THE HOUSE AND HIT THE SIGN THERE.
I LEANED IT UP IN THE ARCHWAY WHERE YOU SAW IT ON THE ONE PHOTO.
UM, I KNOW MR. JORDAN MOVED IT INTO THE BIGGER ARCHWAY.
UM, IT'S 32 FEET FROM THE STREET.
IT'S IDENTIFIABLE BY A 90 YEAR OLD MAN OR A FOUR YEAR OLD CHILD.
UM, THAT SHADOW AND THAT REPRESENTATION
[01:35:01]
IS REALLY POOR.I THINK THAT WAS TAKEN FROM A CAR, MAYBE WITH A PHONE OR SOMETHING, WHICH IS, I'M NOT GONNA GO INTO THE SWISS AVENUE SUBJECTIVE MATTERS FROM OUR PREVIOUS GUY.
BUT, UM, YOU KNOW, THERE, THERE'S, THERE'S GOTTA BE A LITTLE LEEWAY THERE.
I MEAN, IT WAS CLEARLY VISIBLE THE WHOLE TIME.
SO IT'S YOUR TESTIMONY THAT ALTHOUGH THE SIGN IS NOT ADJACENT TO THE STREET, IT IS VISIBLE TO THOSE DRIVING BY AND THOSE IN THE I CAN CONFIRM THAT.
ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? UH, YES.
UM, SO BACK TO THE SUBJECT OF THE SETBACK, UM, YES, SIR.
UM, DID YOU DO AN ESTIMATE, EVEN JUST INFORMAL IN YOUR MIND OF DID YOU EVEN CONSIDER FOR A SECOND THE COST OF REMOVING A FOOT FROM THE SLAB BEFORE STARTING TO FRAME UP THE STRUCTURE OR WE WERE PAST THAT POINT ALREADY.
BUT, UH, AT THE POINT THAT THE DESIGN CHANGED, YOU WERE PAST THAT POINT? OH, UH, YEAH, WE WERE PAST THAT POINT, YES, SIR.
YEAH, OBVIOUSLY IF I WOULD'VE KNOWN, I WOULD'VE IMMEDIATELY MADE THE CHANGE, BUT I, IT WAS JUST DONE ALREADY AND I COULDN'T, AND I CAN SAY THIS TO THE BOARD AS WELL, UM, I HAVE OTHER GARAGE PROJECTS GOING ON RIGHT NOW IN THIS EXACT SAME NEIGHBORHOOD, AND THEY'VE ALL GONE FLAWLESSLY.
UM, I UNDERSTAND THE SPECIFICS OF EVERYTHING THAT HAS TO OCCUR NOW, AND EVERYTHING HAS BEEN DONE ACCORDING TO CODE AND ACCORDING TO PLAN.
UM, AND THIS JOB HAS GONE FLAWLESSLY.
AND THAT'S ANOTHER PROJECT THAT YOU CAN LOOK UP IF YOU NEED TO.
SO I KNOW EXACTLY WHAT'S HAPPENED AND IT'S NOT GONNA HAPPEN AGAIN.
SO, QUESTION THAT, DO YOU HAVE ONE NOW? UM, THE DESIGN CHANGE THAT YOU MENTIONED EARLIER, WAS THAT THE HEIGHTENING OF THE, THE PITCH OF THE ROOF? IS THAT YES, SIR.
AND THEN INTERIOR STRUCTURE, UM, WENT HIGHER INSIDE, SO, UM, WELL, OKAY.
UM, WHICH AS ANOTHER QUESTION HERE, SO I'M LOOKING AT YOUR, UH, YOUR SECTION DRAWING HERE, UM, FOR THE BOARD'S, UH, PAGE 88, YOU'RE SAYING INTERIOR STRUCTURE, WHAT I MEAN OUTSIDE OF THE FRAMING FOR THE GARAGE, WHAT OTHER INTERIOR? UH, IT WAS EIGHT, EIGHT FOOT AND IT WENT TO 12.
ORIGINAL DESIGN, STANDARD GARAGE INTERIOR CEILING.
WE ADDED FOUR FEET TO IT, WHICH THEN MADE THE ROOF LINE GO OVER 15 FEET.
WHY THE ADDITIONAL HEIGHT FOR IT LOOKS LIKE? I WOULD SAY, I MEAN, WELL, TO ACCOMMODATE THE DESIGN CHANGE AND THERE'S A, A TWO CAR LIFT IN THE GARAGE.
GONNA GO IN THE GARAGE AS WELL.
UH, I JUST DIDN'T SEE THAT ON THE SECTIONS THAT WE HAVE HERE, SO YEAH.
HOW, YEAH, I'VE SUBMITTED ALL THE REDESIGNS THAT WERE NECESSARY.
UM, I'VE DONE EVERY SINGLE THING ASKED AND AHEAD OF TIME.
SO THE SPACE ABOVE THE GARAGE IS JUST EMPTY? IT'S, YES MA'AM.
IT'S JUST SPACE TO MOVE A CAR UP.
UM, CAN YOU REMIND ME, OR CAN WE PULL UP HOW MANY LETTERS, IF ANY, OF SUPPORT? AND THEN ALSO, I KNOW THAT WE HAD TECHNICAL DIFFICULTIES BEFORE, BUT Y'ALL HAD A 360 VIDEO.
CAN WE TRY TO PULL THAT UP AGAIN? UM, THAT MIGHT GIVE US A BETTER IDEA OF WHAT THE SIGNAGE REALLY LOOKS LIKE.
SO, UM, IT APPEARS THAT WE ONLY RECEIVED ONE LETTER OF SUPPORT.
DO WE, DO WE HAVE THAT? DO, CAN WE HAVE, IS THERE A WAY TO GET A COPY? MY CONFIRMATION THAT YOU GOT THE OTHER LETTERS BACK IN ON APRIL 6TH OR WHENEVER THE, THAT I CAN LOOK IT UP ON MY PHONE.
IS THIS, UH, COMPLETED? I HAVE COPIES TOO IF YOU NEED THOSE.
HE SAID HE HAS COPIES OF THE EMAILS IF YOU NEED 'EM.
UM, CAN WE TAKE THOSE COPIES IN AND JUST SAVE SOME TIME AND GIVE 'EM TO MARY AND HAVE MARY DISTRIBUTE, DISTRIBUTE 'EM? HOW MANY PAGES? WELL, JUST TWO LETTERS.
PETITIONS AREN'T PART OF DOCUMENTARY.
DO WHAT ARE YOU CAN, THE DOCUMENTARY EVIDENCE WILL APPLY TO ANYTHING PRINTED ON PAPER EXCLUDING PETITIONS.
[01:40:01]
OH, OKAY.SO WE DON'T NEED TO HAVE A VOTE WHETHER WE CAN ACCEPT OR, OR NOT.
UM, SO CAN HE GIVE THOSE TO MARY? YEAH.
CAN YOU GIVE THOSE TO MARY AND SHE'LL BRING 'EM OVER HERE TO US? THANK YOU, SIR.
WHILE WE'RE WAITING FOR THIS, COULD YOU, UH, CAN YOU TELL US WHERE, UM, IN PROXIMITY TO YOUR PROJECT THAT THIS LETTER CAME FROM? SORRY.
WHILE THE, WHILE THESE ARE CIRCULATING, CAN YOU TELL US, UM, WHERE THIS LETTER OF SUPPORT CAME FROM IN PROXIMITY TO YOUR PROJECT? UH, UH, P OKAY.
AND, UH, AND THEN I THINK THERE'S ONE THAT WE'RE REFERRING TO THAT YOU ALREADY HAVE THAT WAS FROM SOMEBODY ACROSS THE STREET.
WE HAD A, WE HAD AN ISSUE, A MALWARE ISSUE, SO RIGHT.
THINGS TAKE A LITTLE BIT LONGER TO PULL UP.
AND THEN I THINK WE'RE STILL WAITING ON, UM, MAYBE POTENTIALLY TRYING TO SEE IF THAT VIDEO WORKS.
SO WHAT WE'RE LOOKING AT HERE IS PHOTOS FROM THE ALLEY AND THE SETBACK, AND THEN ALSO SETBACKS FROM THE REAR AND THE NEW GARAGE.
I THINK THAT WAS THE ORIGINAL GARAGE AND SHOWING BRICK ONE.
YEAH, IF YOU, IF THE ORIGINAL GARAGE PHOTO SHOWS IT RIGHT NEXT TO THE ALLEY, LITERALLY ON TOP OF IT, THAT'S THE ORIGINAL ONE THAT WAS, THAT WAS FALLING DOWN.
IT WAS LITERALLY ALMOST, IT WAS TILTED TO THE LEFT TWO FEET.
SO THAT WAS GRANDFATHERED IN RIGHT UNTIL THEY REMOVED IT? CORRECT.
THAT WAS BUILT ZERO UP, UP TO THE LOT LINE, THE PREVIOUS GARAGE? IT MAY HAVE BEEN, YEAH.
IT HAD TO, IT HAD TO HAVE BEEN MM-HMM.
AND I CAN ALSO CONFIRM IN THE ALLEY IF IT MATTERS, THERE'S TWO OTHER GARAGES ON THIS ALLEY, UM, NORTH OF THE PROJECT THAT ARE RIGHT ON THE ALLEY WITH NO SETBACK.
WE ARE CURRENTLY WAITING ON THE VIDEO, BUT IT'S NOT PLAYING.
SO YOU'RE GONNA HAVE TO GO, IS THAT, IS THAT SOMETHING YOU CAN EMAIL US? ARE WE ALLOWED TO RECEIVE THAT EMAIL? I JUST DON'T THINK IT'S WORKING.
IT'S NOT EVEN WORKING ON HER COMPUTER.
SO DO WE HAVE ANY OTHER QUESTIONS FOR THE APPLICANT? IS THERE ANYBODY HERE, IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK ON THIS CASE IN, UM, FOR THE, FOR THE CASE? DO WE HAVE ANYBODY HERE IN OPPOSITION FOR THIS CASE? ALL RIGHT.
DO I HAVE A MOTION? I MEAN, BECAUSE THE QUESTION AT HAND IS THANK, UM, PROPER NOTIFICATION.
WE NEED, WE NEED A MOTION, UM, NOT DISCUSSION.
WE NEED A MOTION BEFORE WE CAN DISCUSS MOTION FOR YES.
I A MOTION MR. CANNON, I WOULD LIKE TO MAKE A MOTION.
THANK, I WOULD LIKE TO MAKE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 3 8 ON APPLICATION OF TIM MEYRICK REPRESENTED BY JAMES BARNES GRANT, THE ONE FOOT VARIANCE TO THE REAR 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 WOULD RESULT A NECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE, WHICH WILL BE THE COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
UM, I DON'T THINK THAT PROPER NOTIFICATION WAS MADE.
I DON'T THINK THAT SIGNAGE WAS PROPERLY PLACED IN A WAY, IN A MANNER THAT REALLY ALLOWED FOR PROPER NOTIFICATION ON ALL THREE CHANNELS.
SO, BECAUSE THAT REASON I CAN'T VOTE ON THIS MOTION.
UM, I RESPECT YOUR, YOUR, UH, YOUR POINT THERE, MS. LAMB.
UH, THE REASON FOR AT LEAST DISCUSSION ON THANK YOU.
THANK YOU, UH, FOR GRANTING THIS.
I THINK THAT WE AS A BOARD AND ALSO WITH OUR CITY, NEED TO HAVE A BROADER, MORE IN-DEPTH CONVERSATION ABOUT WHAT VISIBILITY IS.
UM, THIS IS SOMETHING THAT I WOULD LIKE TO HAVE FURTHER DISCUSSIONS AFTER TODAY'S SESSION SO THAT ALL, YOU KNOW, ALL APPLICANTS IN THE CITY OF DALLAS HAVE SPEC SPECIFICS AS TO WHERE SIGNAGE NEEDS TO BE POSTED ON THE PROPERTY
[01:45:01]
SO THAT THE APPLICANT IS INFORMED.AND THEN WHEN WE'RE MAKING THESE DECISIONS, THAT WE'RE SPENDING MORE TIME ON THE MERIT ON WHAT THE PHYSICALITY OF THESE APPLICATIONS ARE VERSUS, YOU KNOW, SUBJECTIVE, WHETHER MY EYESIGHT CAN SEE 80 FEET OR 30 FEET.
SO, UM, AGAIN, THIS IS SOMETHING THAT I WOULD WANT US TO ENGAGE MORE, UM, IN FUTURE CASES, BUT ESPECIALLY IF WE'RE TALKING ABOUT VISIBILITY.
YES, EVERY NEIGHBORHOOD RESIDENT WHO'S IN CLOSE PROXIMITY TO THESE PROPERTIES NEED TO HAVE FAIR NOTIFICATION, BUT WE NEED TO CLEARLY DEFINE WHAT DOES THAT MEAN? I THINK IT'S INTERESTING CUZ THIS CASE IS IN A CONSERVATION DISTRICT AND THESE PARAMETERS ARE PUT IN PLACE TO PRESERVE OUR NEIGHBORHOODS.
A LOT OF NEIGHBORS WENT THROUGH A LOT OF WORK TO, TO CREATE THIS CONSERVATION DISTRICT AND NOTIFICATION NEEDS TO BE MET ON ALL CHANNELS.
UM, IT WAS NOT OBVIOUS THAT THE SIGNAGE WAS PROPERLY, UM, PUT FORTH.
IT WAS HIDDEN UNDER AN ARCH, UM, SET BACK BEHIND PLANTS WITH SHADE.
UM, AND I DON'T THINK IT GAVE THIS NEIGHBORHOOD AN OPPORTUNITY TO REALLY ENGAGE IN THIS MATTER.
MY COMMENT WILL BE IN SUPPORT OF THE MOTION, UM, ESPECIALLY BECAUSE WE HAVE WHAT ELSE WAS, OH NO, NO, FIRST FOR FIVE MINUTES.
NOW WE'RE ON THE THREE, ABOUT 32 FEET.
AND THAT'S ENOUGH DISTANCE FOR YOU TO SEE.
THE LETTERS OF SUPPORT CAME FROM ADJACENT NEIGHBORS.
IT, UH, DOES NOT ALLOW FOR PROPER NOTIFICATION OF THOSE OUTSIDE OF THE 200 FEET REPORTING ZONE.
THAT'S WHY THE SIGNS ARE PART OF THE THREE TIER NOTIFICATION PROCESS TO ALLOW FOR THOSE IN THE COMMUNITY, IN THE NEIGHBORHOOD, AND IN THE CONSERVATION DISTRICT TO PROPERLY HAVE A SAY IN WHAT HAPPENS WITHIN THIS CONSERVATION DISTRICT.
UM, SO ALTHOUGH, UM, THEY DID THE DUE DILIGENCE WITH OUR NEIGHBORS, UM, AND NOTICE WENT OUT IN THE DALLAS SPRING NEWS AND TO 200, THOSE WITHIN 200 FEET OF THE, UM, APPLICATION, IT WAS NOT PROPERLY NOTIFIED FOR THOSE WITHIN THE NEIGHBORHOOD.
AND IN THE CONSERVATION DISTRICT.
I BELIEVE IN HIS SUBMISSION, HE HAD MENTIONED THAT THE LETTER OF SUPPORT WAS FROM THE NEIGHBOR ACROSS THE STREET.
THAT WOULD BE WITHIN THE REPORTING ZONE.
SO, BUT THE SIGN ALLOWS FOR THOSE DRIVING THROUGH THE COMMUNITY TO BE AWARE THAT THERE'S AN APPLICATION FORTH, PUT FORTH ON THAT PROPERTY, THOSE THAT MIGHT RESIDE OUTSIDE OF THE 200 FEET.
AND IT GIVES THOSE OTHER STAKEHOLDERS A CHANCE TO SHOW UP IN A COMMUNITY MEAN LIKE THIS AND HAVE A CHANCE TO ENGAGE ON THESE PROJECTS.
AND I, I WOULD JUST LIKE TO SAY THAT I CONCUR WITH ALL THE COMMENTS THAT HAVE BEEN SHARED BY MY COLLEAGUES HERE, BUT I THINK AT THE END OF THE, THE DAY THE, THE MAIN ISSUE HERE IS, UM, CONSISTENCY, RIGHT? AND THERE'S REALLY NOT MUCH OF A DIFFERENCE, UM, BETWEEN THIS CASE AND THE CASE WE JUST HEARD.
AND I, I THINK IT REALLY SETS A DANGEROUS PRECEDENT TO SWING SO DIFFERENTLY ON THE EXACT SAME ISSUE.
UM, YOU KNOW, THE, AT THE END OF THE DAY, THE ISSUE IS, UM, WE HAVE ESTABLISHED VISIBILITY STANDARDS, A THREE-TIERED VISIBILITY STANDARD.
ONE OF THEM SPECIFICALLY DOES STATE, UM, THAT SIGNAGE NEEDS TO BE PLACED ADJACENT TO THE PUBLIC STREET.
AND IN BOTH THIS CASE, IN THE PREVIOUS CASE, WHICH WE RULED ON EARLIER, THAT WE HAVE SPENT ALL AFTERNOON DELIBERATING ON, UM, THE, THE, THE, THAT THAT WAS NOT MET.
THE, THE SIGNAGE WAS NOWHERE NEAR THE PUBLIC RIGHT OF WAY.
I I DON'T, UH, WANT OUR CITY TO BE KNOWN, UH, AS A CITY THAT IS, UH, MAKES IT DIFFICULT TO JUST DO BASIC REMODELS IN YOUR HOUSE.
UH, BUT UNFORTUNATELY WE HAVE TO BE CONSISTENT, UM, UH, WITH ALL OF OUR CITIZENS.
AND SO, UM, THAT'S WHERE I STAND ON THIS.
A ADDITIONALLY, UM, EACH APPLICANT WHEN THEY FILE AN APPLICATION FILLS OUT AN AFFIDAVIT THAT THEY WILL PROPERLY NOTICE AND, AND PICK UP THE SIGN AND PLACE IT IN THE YARD ADJACENT TO, UM, THE PUBLIC, UM, PUBLIC ROAD WITHIN 14 DAYS.
AND THAT IS TO SERVE THE PUBLIC AND TO GIVE PROPER NOTIFICATION.
UM, AND IF IT'S ON THE APPLICANT, IF THERE'S QUESTIONS ABOUT WHAT THAT MEANS, UM, IN REGARDS TO THEIR PROPERTY, TO REACH OUT TO THE CITY AND MAKE SURE THAT THEY'RE BEING COMPLIANT.
UM, AND THIS IS TO PROTECT THE COMMUNITY.
SO AT THIS POINT, I DON'T BELIEVE THAT PROPER NOTIFICATION WAS MADE.
AND I THINK THAT WE OWE IT TO THE COMMUNITY TO ENSURE THAT THEY KNOW THAT THIS PROJECT, UM, IS PUT OUT THERE.
ESPECIALLY SINCE THIS PROJECT HAS ALREADY BEEN BUILT.
THEY'RE ASKING FOR FORGIVENESS INSTEAD OF PERMISSION.
UM, AND I THINK THAT THERE'S OTHER STAKEHOLDERS THAT
[01:50:01]
DID NOT HAVE A CHANCE TO HAVE A SEAT AT THE TABLE TODAY.AND IT'S OUR JOB TO MAKE SURE THAT THE PUBLIC HAS RECEIVED PROPER NOTICE.
AND I DON'T BELIEVE THAT THEY WERE.
AND THEN LAST POINT BEFORE WE MOVE ON, UM, IS THAT JUST FOR THE APPLICANT AND FOR THOSE HEARING ONLINE? THAT IT, I THINK PART OF WHAT WE'RE NOT PART, OUR MAIN CRUX FOR BOTH, I'M NOT, WON'T GO BACK TO THE LAST CASE, BUT FOR THIS CASE IN FUTURE CASES THAT ARE SLIMMER SIMILAR TO THIS, IS THAT WE SO VALUE AND TREASURE THE COMMUNITY INPUT.
SO I KNOW, UH, THE APPLICANT, YOU ALL WERE SAYING THAT YOU HAD VERBAL CONVERSATIONS.
YES, WE DID SEE THE TWO LETTERS THAT WERE ADJACENT TO YOUR PROPERTY, BUT HAVING MORE, UM, I WOULD SAY WRITTEN DOCUMENTATION AS TO THEIR APPROVAL OR DENIAL EITHER FROM MORE NEIGHBORS OR NEIGHBORHOOD ASSOCIATIONS GIVES OUR BODY, UH, MORE INSIGHT INTO, YOU KNOW, PART OF WHAT WE HAVE TO DELIBERATE ON IS THE PUBLIC INTEREST OF THE COMMUNITY.
SO THAT'S JUST SOMETHING I WANNA PUT OUT THERE FOR THE RECORD FOR ANY APPLICANT HERE TODAY.
AND THEN ALSO, UM, IN FUTURE CASES, A AND FROM THESE PICTURES, EFFORT WAS MADE TO PUT UP OTHER SIGNAGE ON THIS PROPERTY.
UM, AND THE SIGNAGE TO NOTIFY OF THIS PROJECT WAS NOT MADE A PRIORITY.
SO THE APPLICANT WAS CAPABLE OF POSTING PROMINENTLY THE SIGNAGE ADJACENT TO THE STREET AND THEY DID NOT.
SO I THINK THAT'S SOMETHING TO NOTE.
MR. FINNING NAY, MS. LAMB, NAY VICE CHAIR? AYE.
WERE WE IS IS THREE IS THREE TWO PASS.
YOU HAVE TO HAVE AT LEAST 70, 75%.
OKAY, SO THEN I'M GONNA MAKE A MOTION HERE.
I'M GONNA MAKE A MOTION THAT, UM, WE HOLD OVER THIS APP.
JUST, AND JUST TO CLARIFY FOR THE AUDIENCE, I THINK THAT IS VERY CONFUSING WHEN WE MADE A MOTION TO DENY EARLIER, UM, THREE VOTE CARRY.
CAN YOU MAKE A MOTION TO GRANT SOMETHING? WE MUST HAVE FORMAL VOTE.
I'M SORRY, COULD Y'ALL HEAR ME? IT'S WHEN YOU MAKE A MOTION TO DENY SOMETHING, WHICH IS WHAT WE DID IN THE PREVIOUS CASE, YOU NEED THREE VOTES TO CARRY.
BUT WILL YOU MAKE A MOTION TO PASS TO GRANT SOMETHING? YOU MUST HAVE FOUR VOTES.
AND I KNOW THAT'S VERY CONFUSING, BUT THAT IS WHAT IS WRITTEN IN CITY CODE.
AND SO, UM, SOMETIMES WE EVEN GET CONFUSED, BUT I JUST WANNA CLARIFY WHAT JUST HAPPENED THERE.
SO NOW, UM, I WILL LET YOU MAKE IT.
UM, WHAT IS THE NEXT HEARING DATE? YES, I GOT AUGUST.
IS THERE ANY CHANCE THAT WE HAVE A HEARING NEXT MONTH OR NO? WELL CAN YOU, YOU CAN CALL, YOU CAN CALL IT RIGHT? BECAUSE WE WEREN'T SUPPOSED TO HAVE A MEETING THIS MONTH.
I MEAN, BUT IF WE HOLD OVER, IF WE HAVE ENOUGH HOLDOVERS, DO WE HAVE ENOUGH FOR JUNE? WHO DECIDES WHETHER WE ARE MEETING IN JUNE? I CAN'T, BUT MY CHAIR UM, HOLD ON JUST A SECOND.
WE'RE TRYING TO FIGURE OUT WHEN OUR NEXT HEARING IS.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 23 DASH 0 0 4 OH A HOLD THIS MATTER UNDER ADVISEMENT UNTIL AUGUST 16TH.
UM, SO THE REASON WHY I HELD THIS OVER WAS CUZ I DON'T THINK PROPER NOTICE HAPPENED.
UM, THE REASON WHY I DECIDED TO HOLD THIS OVER RATHER THAN DENY IS THAT BECAUSE YOU BROUGHT A FEW LETTERS OF SUPPORT TO THE PROJECT.
SO THERE ARE NEIGHBORS ADJACENT TO THIS SITE THAT WERE AWARE OF THIS PROJECT, BUT I WANNA MAKE SURE THAT PROPER NOTIFICATION HAPPENS TO THOSE OUTSIDE THE REPORTING ZONE.
SO RATHER THAN DENY YOUR CASE AND HAVE YOU REFILE AND COME BACK, UH, BECAUSE YOU DID THE DUE DILIGENCE OF NOTIFYING THOSE ADJACENT TO THE PROJECT,
[01:55:01]
I UH, DECIDED IT WAS MORE APPROPRIATE TO HOLD THIS CASE OVER, UM, UNTIL AUGUST.BUT I DO BELIEVE THAT PROPER NOTIFICATION NEEDS TO HAPPEN.
AND I DO BELIEVE THAT YOU SENT AN EMAIL WITH A PHOTO OF WHERE THE NEW SIGNAGE IS, WHICH I BELIEVE MEETS THE REQUIREMENT OF THE, UM, OF THE AFFIDAVIT THAT YOU SIGNED.
IT'S UP BY THE HOUSE TO BE CLEAR ON THIS.
UM, WHO, WHO WAS SECOND? WAS IT ANDREW FEENEY WAS THE SECOND.
YES, PLEASE, UH, BE CLEAR WHERE THE SIGN NEEDS TO BE BECAUSE IT, IT'S, IT'S, RIGHT NOW IT IS PLACED NEXT TO THE HOUSE ON IN THE YARD.
SO IT NEEDS TO BE ADJACENT TO THE STREET.
WHAT DOES THAT MEAN? SO NEXT TO THE CURB, HOLD UP, EVERYBODY HOLD UP.
WE GET WITH THE PUBLIC HEARING IS CLOSED, SO YOU NEED TO STEP AWAY FROM THE MICROPHONE AND WE WILL, WE ARE, WE HAVE A MOTION ON THE FLOOR TO HOLD OVER UNTIL AUGUST 19TH FROM MS. SLAM.
WE HAVE A SECOND FROM MR. FEENEY.
SO SIGNAGE NEEDS TO BE ADJACENT TO THE STREET.
PLEASE, IF THERE ARE ANY QUESTIONS, CONSULT THE CITY STAFF.
UM, AND THEY WILL, UM, THEY WILL INDICATE EXACTLY WHERE SIGNAGE NEEDS TO GO.
SO QUESTION IS, AND I THINK THIS IS WHAT WE ALL WANNA KNOW, WHAT IS THE FOOTAGE RANGE FOR? SO THIS IS A 30 FOOT FRONT YARD.
IS THAT WHAT, ONE FOOT, TWO FEET, THREE FEET OFF OF THE SIDEWALK? BECAUSE I FEEL LIKE THIS QUESTION THAT IF THAT NEEDS TO BE DEFINED, IF WE'RE SAYING ADJACENT TOO, CUZ ADJACENT TO THE APPLICANT COULD BE RIGHT NEXT TO THEIR BUSHES.
SO DANIEL MOORE, THE OTHER ASSISTANT, THE CITY ATTORNEY WHEN HE WAS HERE EARLIER, HE NOTED THAT WHEN IN, THERE'S NOT A STATUTORY DEFINITION, IT JUST GOES BY THE LAY DEFINITION.
SO THE BOARD IN THEIR DISCRETION USES THE LAY DEFINITION AND APPLIES WHAT THEY DEEM TO BE ADJACENT DISCRETION.
SO THEN WHAT DOES, SO THEN I GUESS WE NEED TO DETERMINE WHAT OUR, OUR DEFINITION OF ADJACENCY IS.
AND SO ADJACENCY, I WOULD SAY IS WITHIN FIVE FEET OF, OF THE ROAD, UM, VISIBLE TO THOSE PASSING CARS.
THOSE WALKING SIDEWALKS, THOSE NEIGHBORS.
NOW WHEN YOU SAY OUTSIDE OF THE PUBLIC RIGHT OF WAY AND OUTSIDE OF VISIBILITY TRIANGLES.
WHEN YOU SAY THE ROAD, IS THAT THE CENTER LINE OF THE THE ROAD OR ARE YOU SAYING FROM THE CURB? BECAUSE I MEAN CUZ WE'RE GETTING IN, OR SORRY TO SPLIT HAIRS, BUT JUST SO THAT IT'S FROM, FROM THE STREET, FROM WHERE? THE BEGINNING OF THE STREET.
SO FROM THE CURB, UH, WELL, BUT TO BE CLEAR, THAT WOULD BE IN THE MIDDLE OF THE SIDEWALK.
SO, UM, I THINK CAN WE, UH, I THINK THE RELATIONSHIP PROBABLY NEEDS TO BE, UH, UH, RELA RELATED TO THE SIDEWALK MAYBE.
UM, WELL IT SAYS FROM THE, FROM THE STREET.
SO I, NOT EVERY, NOT EVERY STREET HAS A SIDEWALK, RIGHT? SO IT NEEDS TO BE VISIBLE.
IT NEEDS TO BE VISIBLE FROM THE STREET.
IT NEEDS TO BE AS CLOSE AS YOU CAN GET WITHOUT BEING IN PUBLIC RIGHT OF WAY ON YOUR PROPERTY TO THE STREET.
UM, UNLESS YOUR HOUSE IS RIGHT NEXT TO THE STREET.
UM, AND I WOULD SAY WITHIN ABOUT 10 FEET OF THE CURB, THE BACK OF CURB IS PROBABLY A GOOD RANGE.
UM, ABOUT WHERE YOUR POLITICAL SIGN WAS.
SO I WOULD LIKE TO HOLD THAT, WHAT MR. FINNEY HERE SAID 10 FEET FROM THE BACK OF THE CURB.
THAT WAY WE HAVE, REGARDLESS IF THERE'S A SIDEWALK OR NOT, IT'S A CITY STREET, SO WE KNOW IT HAS A CURB TO IT.
THAT'S ANOTHER THING WE NEED TO WORK ON DALLAS.
BUT
IT'S VERY CLEAR WHAT YOU'RE DOING.
AND BEFORE WE VOTE, IT'S AGAIN JUST NOT, I'M NOT GETTING INTO NUMBERS, BUT AT SOME POINT LET'S HAVE A DISCUSSION WITH STAFF TO CODIFY WHAT, I MEAN THAT'S A GOOD RANGE AS FAR AS WE'RE TALKING ABOUT, BUT NOT TODAY.
BUT JUST, JUST WANNA PUT THAT ON THE RECORD.
ALL RIGHT, I THINK WE'RE READY FOR A ROLL CALL.
MS. LAMB? AYE VICE CHAIR? AYE.
BDA 2 23 DASH 0 4 0 66 30 DESCO 68 30 DESCO AVENUE.
UM, IS THE APPLICANT IN THE ROOM? IS THE APPLICANT
[02:00:01]
ONLINE FOR BDA 2 23 DASH 40? I WAS HERE EARLIER GUYS, THIS IS 68 30 DECO DRIVE.YOU SAID YOU JUST WALKED OUT? OH SURE HE DID.
THIS HAS BEEN THE APPLICANTS HERE.
AND THEN IF YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD.
DO YOU SWEAR AND OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
I AND NAV YOU'LL STATE YOUR NAME AND ADDRESS FOR THE RECORD.
AND MY ADDRESS IS 68 30 DES RAMP DALLAS, 75,225.
UM, AND IF YOU CAN, UH, SHARE YOUR CASE, UM, WHY YOU ARE, WHY YOU WOULD LIKE THIS SIDE YARD SETBACK REGULATION AND HOW, UM, YOU MEET THE VARIANCE.
I HAVE A PRESENTATION, A SPECIAL EXCEPTION.
SO GOOD AFTERNOON, RESPECTED BOARD AND THE CITY STAFF AND UH, AS I'VE UH, SAID, LIKE I'M HERE TO REQUEST A VARIANCE OF, UH, UH, 10 FEET FOR THE PROPOSED NEW BUILD AT 68 30 DRIVE.
UM, SO I JUST WANTED TO, UH, GIVE A BRIEF ON WHAT HAS HAPPENED.
SO I'VE STARTED ON MY PLANS LAST YEAR, UH, PROBABLY JANUARY, 2022, WHERE I MET THE CITY.
AND THEN I WAS TOLD THAT AS PER THE, THE ZONING, UH, I HAVE TO LEAVE 15 FOOT FROM THE BILL LINE AND, UH, UH, THAT'S IT.
SO IT'S LIKE 15 FOOT SETBACK, CORNER SETBACK.
AND I HAD MY PLANS DRAWN BASED UPON THE 15 FOOT SETBACK AND THEY WERE SUBMITTED TO THE CITY LAST NOVEMBER.
SO I HEARD FROM THE CITY ON JAN SIXTH THAT THE PLANS WERE APPROVED, BUT I HAD TO MAKE SOME CHANGES, UH, TO THE INTERIORS OF THE PLAN.
AND, UH, LATER I WAS TOLD THAT THERE WAS, MY CASE WAS SHIFTED TO A DIFFERENT PLANNER AND HE SAID THAT, OH NO, UH, THERE IS AN EXTRA 10 FEET I NEED TO, UH, GIVE ON THE SIDE YARD BECAUSE OF THE RIGHT OF WAY.
AND THAT'S ALL HOW THIS VARIANCE REQUEST WAS STARTED.
SO WITH THAT CONTEXT, I JUST WANTED TO, UH, CAN YOU PLEASE GO TO THE NEXT SLIDE, MA'AM? THE NEXT SLIDE? YEAH.
SO CURRENTLY MY HOUSE IS IN ANWAR 12 ZONING.
IF YOU LOOK AT THE, UH, PICTURE ON THE LEFT HAND SIDE WITH THE CURRENT ZONING IN PLACE AND THE RIGHT OF FOOT THAT I NEED TO LEAVE, YOU CAN SEE, UH, THAT LIKE THERE IS A 10 FOOT RIGHT OF WAY, THERE IS A 15 FOOT CORNER SET BACK.
AND IF I LEAVE THE EIGHT FOOT SIDE SETBACK ON THE OTHER SIDE, I WILL BE ABLE TO BUILD ONLY A 67 FOOT HOME, 67 BY 1 25, LEAVING THE 50, UM, SETBACK ON THE FRONT AND THEN FIVE FEET AT THE BACK.
BUT IF ON THE RIGHT HAND, IF YOU LOOK AT, UH, THE PICTURE, ALL THE OTHER HOMES IN THE SAME ZONING, THEY'LL BE ABLE TO BUILD ON A SIMILAR LOT OF MY SIZE, A HOUSE OF 84 FOOT BY 1 25 FOOT.
SO MY HOME, IF I BUILD WITH THE EXISTING SETBACKS AND THE RIGHT OF WAY, MY HOME WILL BE VERY NARROW COMPARED TO OTHER HOMES IN THE NEIGHBORHOOD.
UH, MA'AM, CAN I GO TO THE NEXT SLIDE PLEASE? YOUR TIME IS UP.
WHAT TIME IS THAT? YEAH, HE HAS FIVE MINUTES.
[02:05:02]
OH, HIS MICROPHONE, SORRY.SO IF I, IF YOU LOOK AT THE HOMES ALONG THE HILLCREST ROAD, UH, ON THE, ALONGSIDE THE HILLCREST, IF YOU LOOK AT ALL THE HOMES WITH THE WHITE, THEY HAVE ONLY FIVE FOOT, UH, SETBACK ONLY.
THE HOMES WHICH ARE IN THE ORANGE, THEY'RE 15 FOOT SETBACK BECAUSE OF THE ENIS WAS ZONING.
SO WHAT I'M REQUESTING HERE IS, EVEN THOUGH THERE IS A RIGHT OF FOOT 10 FOOT, THE TOTAL SPACE I'M LEAVING, SIR, I'M LEAVING, IS 15 FOOT FROM THE BILL LINE.
AND I REQUEST A VARIANCE OF 10 FOOT, UH, FOR BILLING THE NEW HOME.
YEAH, SO THIS IS ABOUT, UH, THE CURRENT ZONING.
MY BASE ZONING OF MY CURRENT HOME IS R 7.5, R 7.5 A, WHICH IS, UH, A FIVE FOOT SETBACK, UH, FOR THE CORNER.
SO THIS IS THE NEIGHBORHOOD SUPPORT.
I HAVE REACHED TO 30 HOMES PERSONALLY WITH ALL THE BUILDING PLANS I I WAS BUILDING AND ALL THE GREEN ONES ARE THIS, UH, UH, UH, SUPPORT LETTERS I GOT AND I HAVE ALL OF THEM VISITED IN PERSON.
I HAVE HAD A CONVERSATION FOR MORE THAN 22, 25 MINUTES AND THEN EXPLAIN WHAT I'M BUILDING.
AND THAT IS THE SUPPORT I GOT AND THE ONES WITH WHITE WHERE, UH, THEY HAVE, I'VE, I HAVE EXPLAINED THEM, THEY TOLD ME TO COME BACK TO GET THE SIGN LETTERS, BUT I WAS NOT ABLE TO GET HOLD OF THEM.
BUT I DON'T HAVE ANYONE SAYING NO TO THE BUILDING WHAT I WAS DOING.
SO THIS HARDSHIP, AS I SAID, LIKE, UH, IF I BUILD WITH THE EXISTING, UH, WHERE SETBACKS AND OTHER STUFF, MY HOME WILL BE VERY NARROWER.
I, I JUST, I, I MEAN YOU HAVE, I JUST WANNA COMPLIMENT YOU AND SAY THANK YOU.
YOU DID EXACTLY WHAT YOU WERE SUPPOSED TO DO.
YOU FOLLOWED, YOU GAVE US THE DOCUMENTATION, YOU PRESENTED YOUR CASE, YOU PROVED YOUR CASE 100%, YOU FOLLOWED THE VARIANCE, YOU DID YOUR DUE DILIGENCE WITH YOUR NEIGHBORS AND IF EVERY SINGLE PERSON AND OH, AND YOU HAD YOUR SIGN IN THE RIGHT PLACE TOO, IF EVERY SINGLE PERSON DID THAT, WE WOULD BE OUT OF HERE IN 20 MINUTES.
THE REASON WE HELD YOUR CASE WAS BECAUSE WE WANTED TO MAKE SURE THAT THE SITE PLAN THAT YOU WERE, THAT WE ARE GOING TO PUT YOUR, THAT WE'RE GONNA APPROVE.
I'M ASSUMING THAT WE'RE GOING THAT ROUTE, BUT WHEN WE APPROVE, IF THAT'S WHAT PASSES, WE WANNA MAKE SURE THAT THE SITE PLAN THAT WE ARE APPROVING IS THE SITE PLAN THAT YOU ARE AGREEING TO.
AND WE UNDERSTAND THE SITE PLAN THAT WAS IN OUR PACKET IS DIFFERENT FROM THE SITE PLAN YOU MAILED THEM.
SO WE WANNA MAKE SURE THAT WE ARE IN AGREEMENT ON WHAT THE SITE PLAN IS.
WE ARE, UM, ATTACHING OUR STUFF TO.
SO THE SITE PLAN IS THE LATEST ONE? YES, MA'AM.
AGAIN, UH, I WOULD ABIDE WITH WHATEVER THE RULES AS, UH, ONCE VARIANCE IS GIVEN.
UM, SO, UH, DURING THE BREAK, THE APPLICANT SUBMITTED A NEW SITE PLAN, A REVISED SITE PLAN.
UM, AND IT DOES IT, IS IT STILL ALL THE SAME SETBACKS? IT'S IT'S ALL THE SAME.
THE ONLY THING IS IT'S NOT TO SCALE, BUT THE DIMENSIONS ARE THE SAME.
SO I WOULD BE COMFORTABLE WITH THE SUBMITTING.
CAN WE SEE THAT SITE PLAN? YES.
SO I, WHEN, OKAY, SO WE JUST RECEIVED THIS TODAY.
AND I DO, I ALSO WANNA COMMEND YOU, THAT IS INCREDIBLE WORK.
YOU KNOCKING ON THOSE DOORS AND GETTING THAT MANY LETTERS OF SUPPORT, IT'S UNHEARD OF AND WE APPRECIATE YOU DOING THAT THE FIRST TIME.
UM, TOMP, UM, THE SITE PLAN THAT THE REASON WHY WE PULLED YOUR CASE FROM CONSENT WAS BECAUSE THE SITE PLAN THAT YOU SUBMITTED WAS VERY MINIMAL.
AND WHEN WE APPROVE A CASE, IF WE DO APPROVE A CASE, IT IS TIED TOWARDS THE SITE PLAN THAT YOU SUBMIT.
SO WE WANTED TO RECEIVE THE UPDATED SITE PLAN.
NOW, WHEN YOU WENT TO THE NEIGHBORS, WHAT SITE PLAN IS THIS? THE SAME FOOTPRINT THAT THE NEIGHBORS SAW.
OKAY, SO ARE WE COMFORTABLE SAYING THAT? SO WHAT THE, YES MA'AM.
SO I HAVE ACTUALLY, UH, ACTUALLY LIKE AT THE END OF THIS PRESENTATION, I HAVE THE, UH, THE, THE HOME, WHAT I'M BUILDING, UH, WHICH WAS PRESENTED TO EVERY NEIGHBOR.
I HAVE A PHONE, LIKE WHERE I HAVE, UH, REVIEWED EVERYTHING AND, UH, UH, THE REASON LIKE WHY A HAND SCRATCH WAS GIVEN AT THE TIME, UH, OF THIS APPLICATION WAS PUT.
I WAS, I THINK I PUT THIS APPLICATION EXACTLY FEW HOURS BEFORE CLOSING OF THIS BOARD.
SO WHEN I SUBMITTED THE INITIAL PLAN, SORRY, THE SITE PLAN, WHAT YOU ARE SAYING, SEEING RIGHT NOW, I WAS TOLD THAT IT IS NOT SCALING.
SO I HAD TO MY, I HAD MY ARCHITECT TO HAND DRAW SOMETHING PRETTY QUICK SO THAT IT SCALES.
SO THAT IS THE REASON WHY YOU SEE AS HAS A MINIMAL INFORMATION.
[02:10:01]
WHAT I'VE SUBMITTED, UH, FEW HOURS BEFORE OR JUST BEFORE THE MEETING, WAS THE ONE SITTING WITH THE CITY PLANNERS, UH, PROJECT DOCS.SO IF HE WENT AROUND WITH A SITE PLAN THAT WAS INITIALLY PRESENTED TO US, TO ALL THOSE NEIGHBORS, ARE YOU COMFORTABLE WITH, WITH THIS SITE PLAN BEING VERY THE SAME FOOTPRINT WHERE WE DON'T FEEL LIKE HE HAS TO GO BACK TO THOSE NEIGHBORS AND SHOW 'EM THE NEW CYCLING? CUZ THIS IS ALMOST, IS THIS IS IDENTICAL FOOTPRINT? YES.
THE ONLY THING I DO WANNA CORRECT WHAT I SAID EARLIER, UM, THE CARPORT IS CLOSER TO THE SETBACK, BUT IT'S MEETING THE REQUIREMENTS.
SO HE'S THAT EVERYTHING, THE, THE, AS FAR AS THE MAIN STRUCTURE, THE SAME AND THE ONLY PAGE IS A SLIGHT SHIFT IN THE CARPORT.
BUT IT STILL MEETS THE REQUIREMENTS TO SETBACK.
THAT'S NOT PART OF THE APPLICATION.
MADAM CHAIR, MAYBE IT WOULD BE IN THE BEST INTEREST FOR YOU TO POLL THE APPLICANT TO SAY, WHAT ARE YOU REPRESENTING AS THE MATERIAL CHANGES OF THIS REVISED SITE PLAN? THAT'S A GOOD QUESTION.
IS A CHANGE TO THE BUILDING FOOTPRINT? WHAT ARE THE MATERIAL CHANGES THAT YOU CAN SHARE TO THIS BOARD WITH REGARD TO THE REVISED SITE? AND YOU GAVE DIANA AT THE LUNCH BREAK.
SO SEE, THE ONE, WHAT INITIALLY, UH, AGAIN, AS I SAID, RIGHT, BECAUSE, WELL, I GUESS HAS IT CHANGED YOUR PROVISION OF A FIVE FOOT SIDE YARD SETBACK? THE, THE NOTICE SAID YOU'RE GOING TO PROVIDE A FIVE FOOT SIDE YARD SETBACK, WHICH WILL REQUIRE A 10 FOOT VARIANCE.
HAS THAT CHANGED? UH, I'M SORRY, SIR.
I, I'VE, I I I, I'VE NOT UNDERSTOOD THE QUESTION.
WE'VE NOTICED YOUR APPLICATION TO SAY THAT THE, THE ZONING REQUIRES A 15 FOOT SIDE YARD SETBACK ZONING.
WE'VE ALSO NOTICED THAT YOU ARE PROPOSING TO CONSTRUCT AND MAINTAIN A STRUCTURE AND PROVIDE A FIVE FOOT SIDE YARD SETBACK.
HAS THAT CHANGED? ARE YOU STILL PROVIDING A FIVE FOOT SIDE YARD SETBACK? YES.
THAT REVISED SIDE PAIN STILL SHOWS PROVISION OF A FIVE FOOT SIDE YARD SETBACK.
ALONG WITH 10 FOOT RIGHT OF WAY.
HENCE A VARIANCE TO THE, UM, TO THE SIDE YARD SETBACK WAVES OF 10 FEET.
THIS NEW PLAN REPRESENTS THOSE SAME DIMENSIONS, THOSE SAME REQUIREMENTS.
DOES THE SITE PLAN REPRESENT, BASICALLY, DOES THE SITE PLAN STILL REPRESENT THE SAME BUILDING FOOTPRINT AS ORIGINALLY SHOWN ON THE ORIGINALLY SUBMITTED SITE PLAN? YES.
SO MY QUESTION, ONE MORE QUESTION.
UM, IT APPEARS THAT THERE IS AWR IRON GATE, I DUNNO IF THAT GATE WAS IN THERE.
IS THAT IN THE SETBACK? IS THAT DO, HAVE WE FACTORED THAT IN? DOES THAT MEET THE REQUIREMENTS? UH, THE FENCE IS NOT PART OF THIS REQUEST.
SO THAT WILL, THAT WON'T EVEN, THEY'LL HAVE TO COME IN FOR A SEPARATE PERMIT FOR THE FENCE.
SO THAT'S NOT GONNA BE EVEN, SO IF IT GETS FLAGGED FOR THAT, HE'LL A PERMITTING, THEN HE'D HAVE TO COME BACK DEPENDING ON WHAT SO, OR FIX IT.
SO WE, THAT'S NOT SOMETHING, IT'S JUST NEW ON THE PLANS.
SO I WANTED TO, AND TO BE CLEAR, THE SETBACK IS A BUILDING SETBACK, NOT, NOT A HARDSCAPE OR FENCING SETBACK.
THIS PLAN THAT YOU SUBMITTED TODAY, ARE YOU COMFORTABLE IF WE WERE TO APPROVE YOUR CASE WITH TYING YOUR APPLICATION AND APPROVE POTENTIAL APPROVAL TO THE SITE PLAN? YES, MA'AM.
SO YOU UNDERSTAND IF ANY, ANY CHANGES HAPPENED TO THE FOOTPRINT, THEN YOU'D HAVE TO COME BACK FOR A DIFFERENT APPLICATION.
YOU UNDERSTAND THAT? CORRECT? YEAH.
SO FOOTPRINT IN THE SENSE, LIKE ALL THE DIMENSIONS WITH RESPECT TO THE SETBACKS, EVERYTHING WOULD BE AS PER THE SITE PLAN, WHAT YOUR, WHAT IS ON YOUR HAND.
UH, AND YOU STILL HAVE AN EIGHT FOOT SETBACK ON THE OTHER SIDE BETWEEN YOUR YES, MA'AM.
DO I HAVE A MOTION? OH, DO WE HAVE ANY, OH, IS THERE ANY, IS THERE ANYBODY ELSE THAT WOULD LIKE TO SPEAK IN, UM, SUPPORT OF THIS APPLICATION? IS THERE ANYBODY THAT WOULD LIKE TO SPEAK IN OPPOSITION TO THIS APPLICATION? ANYBODY ONLINE? NOPE.
ALL RIGHT, THEN, DO WE HAVE A MOTION, MS. LAMB? I MOVED THAT.
OH, MIKE, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH ZERO FOUR ON APPLICATION OF NAGA KHO V.
SORRY IF I, I SLAUGHTERED YOUR NAME.
GRANT, THE 10 FOOT VARIANCE OF THE SIDE YARD SETBACK REGULATIONS REQUEST BY THIS APPLICANT, BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT THE LITTLE ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE, UM, REVISED SUBMITTED SITE PLAN IS REQUIRED.
AYE, JOE CANNON SECOND, THAT MOTION.
IS THERE ANY DISCUSSION OR ARE WE READY FOR A ROLL CALL? VOTE.
OH, I, I, THE REASON WHY I GRANTED THIS IS BECAUSE I TRULY APPRECIATE THE FACT THAT YOU REALLY WENT, YOU WENT DOOR TO DOOR AND ENGAGED YOUR COMMUNITY.
UH, YOU PROVED THE CASE ABOUT THE HARDSHIP OF YOUR PROPERTY IN TERMS OF THE SETBACKS.
AND IT, I TRULY BELIEVE THAT YOU REALLY WOULDN'T BE ABLE TO DEVELOP THE PROPERTY APPROPRIATELY WITHOUT,
[02:15:01]
UM, COMING IN FRONT OF OUR BOARD.SO I COMMEND YOU FOR THE WORK THAT YOU DID.
UM, AND GETTING INVOLVED WITH THE COMMUNITY.
SO THAT'S WHY I MADE THIS MOTION TO APPROVE.
MOVING ON TO CASE BDA 2 23 DASH 0 0 4 2 0 2 BECKLEY MEAD.
UM, IF THE APPLICANT COULD PLEASE STEP FORWARD, WE WILL SWEAR YOU IN AND STATE YOUR NAME AND ADDRESS FOR THE RECORD.
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.
MADAM CHAIRMAN, MEMBERS OF THE BOARD, MY NAME IS PETER KAVANAUGH.
MY ADDRESS IS 1620 HANLEY DRIVE IN DALLAS.
I THINK MOST OF YOU HAVE SEEN US BEFORE, BUT SOME OF YOU MAY HAVE NOT.
UH, WE'VE BEEN HERE, UH, TWO OR THREE TIMES AND, AND THOSE ARE REALLY OUR FAULT.
BUT, BUT THE, THE, WE, WE HAVE A BUILDING AT 2 0 2 BECKLEY MEET.
UH, WE WERE HERE FOR TWO UH, REQUESTS.
THE FIRST ONE IS A SIDE YARD SETBACK OF THREE FEET.
THE SECOND REQUEST IS A SPECIAL EXCEPTION FOR A LANDSCAPE 10 FOOT REQUIRED BUFFER YARD TO SEVEN FEET.
AND BASICALLY WE HAVE A BUILDING THAT'S SEVEN FEET FROM THE SIDE YARD FROM, FROM THE, FROM THE PROPERTY LINE.
AND SO WE ARE VIOLATING THE SETBACK, WHICH WAS 10.
AND WE'RE ALSO VIOLATING THE REQUIREMENT FOR A 10 FOOT BUFFER YARD.
SO WE'RE ASKING FOR A SEVEN FOOT BUFFER YARD AND A VARIANCE OF THREE FEET TO PROVIDE FOR A SEVEN FOOT SIDE YARD.
UH, THAT PINK AREA WAS THE ORIGINAL PROPERTY, SO TO SPEAK.
UH, THERE'S OUR LOT OVER THERE IN THE CORNER.
THAT'S JUST ANOTHER RENDERING, SO TO SPEAK, OF OUR PROPERTY.
THERE'S, UH, UH, THE SITE PLAN, THIS BUILDING AND, UH, IS SHOWN THERE.
THE FOOTPRINT OF THE BUILDING AND THE BUILDING WAS BUILT IN A VERY UNUSUAL CIRCUMSTANCE.
FOR THOSE OF YOU WHO HAVEN'T HEARD ME BEFORE.
UH, THIS BUILDING WAS, UH, BUILT, UH, STARTED OUT ABOUT SEVEN OR EIGHT YEARS AGO.
IT WAS BUILT EFFECTIVELY WITHOUT A BUILDING PERMIT.
UH, WE SEND, WHEN WE DO ANY KIND OF A ZONING THING OR A BOARD OF ADJUSTMENT THING, WE SEND LETTERS TO ALL THE NEIGHBORS AND GO ALL THE WAY AROUND IT.
AND THAT'S JUST THE LETTER THAT WE SENT OUT TO THE NEIGHBORS TO EXPLAIN TO THEM WHAT WE WERE DOING.
UH, WE ARE NOW GONNA DRIVE BY THE PROPERTY.
THIS IS THE PROPERTY IMMEDIATELY TO OUR WEST.
AND YOU'LL NOTICE THAT THAT LITTLE HOUSE, HIS ENTIRE LOT IS PAVED.
WHAT OCCURRED WHEN THIS GUY THAT WE BOUGHT OUR BUILDING FROM, OR WE DIDN'T BUY IT FOR HIM, WE BOUGHT IT FROM A BANK, BUT WHEN, WHEN OUR BUILDING WAS BUILT, THE GUY THAT BUILT THAT, HIS PLAN WAS TO HAVE SOME KIND OF A, A VENUE WHERE YOU'D HAVE WEDDINGS AND THINGS LIKE THAT.
SO HE BOUGHT THIS PROPERTY NEXT DOOR, THIS LOT, AND HE PAVED EVERY INCH OF THAT PROPERTY.
EVENTUALLY HE LOSES EVERYTHING, THE BANK TAKES IT OVER, AND A GENTLEMAN CAME AND BOUGHT THIS LOT, CUT A PIECE OUT OF THE CONCRETE AND BUILT A HOUSE THERE.
AND HE'S OUR NEXT DOOR NEIGHBOR.
UH, NOW WE'RE OVER TO OUR BUILDING.
THERE'S THE FRONT OF OUR BUILDING AND, UH, UH, AGAIN, IT'S A BIG NICE LOOKING BUILDING, BUT, UH, AGAIN, WAS BUILT WITHOUT THE PROPER PERMITS.
UH, WE'RE RIGHT NEXT TO, BY THE WAY, THAT'S I 35.
WE'RE KIND OF UNDER IT, IF YOU WILL.
WE'RE STANDING ON, ON OUR BUILDING IS RIGHT HERE ON THE RIGHT.
NOW WE'RE BACK OVER ON THE I 35 SIDE.
AND THERE IS THE, UH, EAST SIDE OF OUR BUILDING.
I THINK THERE'S ONE MORE HOPE.
SO THERE'S THE, THERE'S THE FACE OF THE BUILDING AND IF YOU LOOK ABOVE THAT, ALL THAT STUFF THERE IS GONE.
BUT, BUT IF YOU LOOK ABOVE THAT LARGE,
[02:20:01]
UH, UH, RV, THERE'S A BLACK STRIP THERE.AND THAT WAS ACTUALLY A VIDEO BOARD THIS GUY HAD UP ON THE SIDE OF THIS BUILDING.
HE WAS BASICALLY RUNNING IT AS A VENUE FOR WEDDINGS AND PARTIES AND THINGS LIKE THAT.
UH, HE WENT BROKE AND, AND EVERYTHING KIND OF, UH, MESSED UP.
THEY APPLIED FOR COS FOR A HOUSE.
THEY APPLIED FOR A CO FOR A CHURCH.
SO BASICALLY THE BANK GOT THE PROPERTY BACK AND, AND IT WAS REPRESENTED TO EVERYONE AS A CHURCH.
UM, OUR CHURCH PURCHASED THAT BUILDING ABOUT TWO YEARS AGO, UH, TO IN FACT USE IT AS A CHURCH AND WORKED WITH THE CITY TO DO WHATEVER THEY NEEDED TO DO TO MAKE IT A CHURCH OF TIDA.
OLAY, WHO IS THE ARCHITECT HERE, UH, WORKED WITH THE CITY AND WE BASICALLY GOT DOWN TO, IT WOULD WORK FOR EVERYTHING EXCEPT FOR THE FACT WE HAD A VIOLATION OF A SIDE YARD SETBACK, WHICH IS SET BACK SEVEN FEET FROM THE SOUTH.
PRIVATE LINE NEEDS TO BE SET BACK 10 FEET.
SO WE'RE ASKED FOR A SEVEN FEET, UH, UH, UH, THREE FOOT VARIANCE.
YOU ALL ASKED US TO GO BACK AND GET THE COST OF, OF REBUILDING THIS BUILDING TO REMOVE POR A PORSCHE OF THAT.
THAT WAS PRESENTED TO THIS BOARD.
UH, OUR CIVIL ENGINEER OR STRUCTURAL ENGINEER WHO DID THAT, WHO BY THE WAY, IS HERE TODAY, WHO ALSO, BY THE WAY, WAS THE STRUCTURAL ENGINEER FOR THIS BUILDING.
SO THAT'S WHY IT HASN'T FALLEN OVER YET.
UH, UH, UH, BUT, BUT, UH, WE GOT THE ANSWERS THAT BASICALLY IT COSTS MORE THAN 50% OF THE VALUE OF THAT BUILDING.
YOUR TIME IS UP, UH, TO, UH, FIX IT.
SO, UH, WE'RE HERE, UH, WITH THE LANDSCAPE PLAN REQUEST AND THE, AND THE SIDE YARD, STEP BACK BRANCH.
I'D LIKE TO MOTION THAT WE HEAR THE LANDSCAPE PIECE OF IT BEFORE.
SHOULD WE, SINCE IT'S TWO SEPARATE? WELL, I GUESS NOT.
IS IT TWO SEPARATE APPLICATIONS? IT'S ONE APPLICATION.
SO I WOULD LIKE TO, UH, SHOULD WE GIVE 'EM THREE MORE MINUTES? YES.
CAN WE HAVE THREE MORE MINUTES ON LANDSCAPING AND THEN WHAT YOU'RE DOING AT THE LANDSCAPE SO WE CAN SEE THE PLAN, THE LANDSCAPING PLAN.
CAN WE GO BACK? PRESENTED THE LANDSCAPE.
WE, WE DON'T KNOW ANYTHING ABOUT THE LANDSCAPING.
THE LANDSCAPE WAS EARLY IN THE GROUP.
THAT'S BASICALLY THE SITE PLAN.
NOW, NEXT ON SHOULD BE THE LANDSCAPE.
UH, THAT IS OUR LANDSCAPE PLAN.
AND HERE'S PAPER ONES, IF THAT'S HARD FOR YOU TO READ.
CAN I ASK A QUESTION OR I HAVE A POINT.
MS. SPARCO HAS INDICATED TO ME THAT MR. KAVANAUGH HAS GIVEN HER A REVISED LANDSCAPE PLAN.
DID YOU DO THAT TODAY? WELL, WE, I CAN SPEAK TO THAT IF YOU'D LIKE.
WELL, I MEAN, I GET, I THINK IT'S IMPORTANT FOR THE RECORD, ANYTIME THE APP PRODUCES AND WANTS THE BOARD TO CONSIDER A NEW SITE PLAN OR LANDSCAPE PLAN, UH, AWAY FROM WHICH THEY HAVE IN THEIR PACKETS, IT'S IMPORTANT MM-HMM.
BECAUSE IF THEY GRANT THE REQUESTS, THEY'RE MOST LIKELY GOING TO GRANT YOUR SPECIAL EXCEPTIONS SUBJECT TO COMPLIANCE WITH YOUR ALTERNATE LANDSCAPE PLAN.
THEN WE WENT BACK AND PREPARED THAT AND WE FILED, WE HAD TO REFILE AN ADDITION TO THE REQUEST, PAID AN EXTRA 1200 BUCKS OR WHATEVER IT COSTS BECAUSE WE'RE ADDING ANOTHER APPLICATION.
AND I THOUGHT AT THAT TIME WE SUBMITTED THE LANDSCAPE.
I THOUGHT WE GAVE HIM A PLAN, BUT IT, IT'S APPARENTLY NOT AVAILABLE.
SO I VISITED WITH, UH, UH, MR. IRWIN, WHO I EARLIER VISITED WITH, I BELIEVE ABOUT THIS PLAN.
I THINK HE SAW IT SOMETIME BACK AND HE SAID, TODAY, PETER, I'M NOT SEEING THIS.
SO I RAN AND PRINTED MORE OF 'EM AND, AND BROUGHT, UH, TWO LARGE 34, 24 BY 36.
AND THEN I BOUGHT, BROUGHT, UH, SIX 11 BY SEVENTEENS OF THAT PLAN.
UM, ARE YOU SAYING, SO THESE REVISED PLANS, YOU'RE SAYING THAT THOSE WERE MADE AVAILABLE TODAY? IS THAT, I MEAN, I'M JUST MAKING SURE I'M HEARING THAT CORRECTLY.
THAT'S BROUGHT, I BELIEVE THAT'S WHAT HE SAID.
MR. IRWIN, CAN YOU SPEAK TO WHAT IS HAPPENING HERE ON THE LANDSCAPE PIECE, SIR? THE, ON THE PLANS THAT HE'S REFERRING TO.
I HAD TALKED WITH MR. KAVANAUGH SOME WEEKS AGO ABOUT THIS PARTICULAR DESIGN AND SAID THIS IS ACCEPTABLE AS
[02:25:01]
A REVISION TO THE ALTERNATE LANDSCAPE PLAN TO BE SUBMITTED.I DON'T KNOW THAT IT WAS PROVIDED TO, UH, MS. BARQUE OR NOT.
UH, IF IT WAS, OR MS. DUNN, UH, IT MAY BE IN THE FILE IN, IN A Z DRIVE.
SO ESSENTIALLY I, WHEN I REALIZED THAT THE PLAN MAY NOT BE PRESENT, THEN BASICALLY I SUGGESTED TO HIM TO BRING IN THE REVISED PLAN BECAUSE TO IT IS THE ONE THAT WE WERE, WE HAD DISCUSSED WEEKS AGO THAT WAS ACCEPTABLE.
SIR, DO YOU HAVE A HARD COPY OF THE PLAN THAT YOU WANT US TO CONSIDER APPROVAL FOR TODAY? YES.
WOULD YOU MIND, WOULD YOU MIND PLEASE PROVIDING IT? JUST, I, I RECEIVED TWO PLANS.
UM, I DON'T REMEMBER WHO GAVE THEM TO ME.
SO WE, WE, UM, SO I HAVE TWO LARGE COPIES BACK THERE FOR IF, IF YOU WANT ME TO PASS THOSE AROUND, BUT I THINK I, BUT I THINK WHAT'S IMPORTANT IS MS. LAMB SAYING PETER KAVANAUGH, WHAT PLAN DO YOU WANT US TO CONSIDER IT WITH REGARD TO YOUR LANDSCAPE? SPECIAL EXCEPTION.
AND MARY WILLIAMS IS GONNA DELIVER, I GUESS THE PLAN.
BUT I, BUT I THINK BEFORE WE ACTUALLY GET IT, IT NEEDS TO BE APPROVED BY YOU AND IT NEEDS TO BE APPROVED BY MR. IRWIN BECAUSE IF IT DOESN'T MEET THE REQUIREMENTS OF WHAT THE APPLICATION IS, THEN IT DOESN'T SERVICE ANY GOOD TO LOOK AT IT.
SO IF YOU GIVE US JUST A MOMENT SO THAT THEY CAN REVIEW THE PLAN YOU WOULD LIKE US TO CONSIDER TODAY.
MR. UH, MR. IRWIN, HAVE YOU SEEN THIS PLAN? YES.
THIS, THE PLAN I HAVE IN MY HAND, WHICH HE PROVIDED ME A COPY OF IS WHAT YOU'VE, YOU AGREED TO.
PARDON? IT'S WHAT YOU FEEL IS APPROPRIATE? YES.
BUT LET, LET'S TAKE A LOOK AT IT AND THEN WE'LL, IS THERE, IS THERE A DATE ON THE PLAN MR. IRWIN? I GUESS WE COULD MAYBE, UM, IT'S NOT CORRELATE A DATE.
I THINK A DATE WOULD NEED TO BE PLACED ON THERE.
THIS REFERS TO A DATE IN 19, UH, 2022.
SO, SO SHOULD WE JUST CONSIDER THEN THE PLAN THAT WAS SUB THAT HE JUST HANDED US INSTEAD OF WHAT HE GAVE YOU EARLIER, SO THERE'S NO CONFUSION.
DO YOU MIND JUST REVIEWING THE PLAN THAT HE JUST HANDED? IT'S THE SAME, SAME, JUST A DIFFERENT SIZE.
BECAUSE WHATEVER YOU JUST HANDED IS WHAT WE'RE GONNA, WE'RE GONNA EITHER APPROVE IT, YOU'RE JUST GOT A SMALLER ONE, IT'S EASIER TO UNFOLD.
DO THESE SO THOSE MATCH THE LARGE PRINTS.
AND ARE YOU OKAY WITH THIS? DOES THIS MEET THE ROOM? ACTUALLY, IF YOU LIKE, I COULD TAKE YOU THROUGH THE PLAN A LITTLE BIT AND THAT MIGHT GIVE YOU SOME CLARITY.
SO ON THIS PLAN, UH, IN RE THERE WAS AN ORIGINAL PLAN, LANDSCAPE PLAN THAT IDENTIFIED TREES THAT WERE GOING TO BE PLANTED ON THE PROPERTY.
IT REMOVED ALL EXISTING TREES EXCEPT FOR A FEW ALONG BECKLEY ME.
THE NEW PLAN THAT YOU'RE LOOKING AT SHOWS, PARTICULARLY ALONG THE SOUTHERN BORDER, UH, TREES THAT ARE EXISTING IN CLOSE PROXIMITY TO THE STRUCTURE, INCLUDING AN EXISTING 24 INCH, UH, SIGNIFICANT CEDAR TREE AT THE, AT THE SOUTHEAST CORNER OF THE PROPERTY.
AND THEN ALSO IT IDENTIFIES IN A, A, UH, EXISTING ASH TREE THAT'S AT THE NORTHEAST CORNER.
AND THEN ALSO IDENTIFY AS THE TREES THAT ARE IN THE RIGHT OF WAY.
SO ESSENTIALLY THIS TREE, THIS PLAN ACTUALLY REINTRODUCED THE TREES THAT ARE CURRENTLY ON THE PROPERTY THAT WILL REMAIN THERE AND NOT BE REMOVED AND MITIGATED.
SO THAT, THAT IN ITSELF IS AN IMPROVEMENT.
IT ALSO CLARIFIED THE, THE, THE BUFFER AREA TO THE SOUTH AND TO THE WEST AS TO HOW THAT WAS TO BE PRO PROVIDED.
IN THE PROCESS OF GETTING TO THIS POINT, THERE WAS SOME CONFUSION AS TO MEASUREMENTS AS THIS BEING A 200 FOOT LONG PROPERTY.
AND THEN SOME OF THE INFORMATION WITHIN IT WAS LITTLE, UH, TAKING ME OFF OF TRYING TO FIND, FIND THE MEASUREMENT.
MR. KAVANAUGH PRESENTED ME A PLAN THAT ACTUALLY SHOWED THIS IS ACTUALLY ACCURATE.
SO TO, TO ME THIS PLAN IS, UH, UH, SUPERIOR TO WHAT WE HAD ORIGINALLY AS AN ALTERNATE LANDSCAPE PLAN.
AND SO THE ONLY WAY TO BE IN COMPLIANCE WITH THE USE YOU WANNA PUT FORTH AS A CHURCH IS TO, ONE OF TWO THINGS.
COME IN HERE AND WE GRANT YOU A VARIANCE ON THE SETBACK OR TO TEAR DOWN THE BUILDING THAT'S BUILT IN THAT SETBACK.
AND I BELIEVE YOU MADE A COMMENT ABOUT THE FINANCIAL BURDEN.
DID THAT, AND WE BROUGHT THAT INFORMATION TO THE BOARD AT OUR LAST HEARING.
[02:30:01]
UH, THE, UH, COST FROM A CONTRACTOR AND WE HAD THE REQUIREMENTS THAT WOULD BE TO REMOVE PORTION OF THIS BUILDING.AND THE PERSON WHO PREPARED THOSE REQUIREMENTS WAS OUR STRUCTURAL ENGINEER WHO WAS AT THAT HEARING.
AND THEN WILL YOU REMIND ME, UM, CAUSE I DON'T HAVE IT IN FRONT OF ME, WHAT WAS THAT COST TO BECOME COMPLIANT IF YOU WERE TO, UM, HIRE A CONTRACTOR? I'M SORRY.
I JUST DON'T, I DON'T KNOW IF I HAVE IT IN FRONT OF ME.
AND I I KNOW THAT THIS HAS BEEN, IT WAS DISCUSSED A FEW MONTHS AGO.
UM, MS. LAMB, IF YOU REFERENCE, UH, PAGE 1 24, IT IS IN THE RATIONALE AS TO THOSE VALUES THAT YOU'RE, YOU WERE ASKING.
SO THE PROPERTY IS ASSESSED AT, SIR, IS THIS CORRECT? THE PROPERTY IS ASSESSED AT 1.293 MILLION AND THE COST RECONFIGURE THE STRUCTURE TO MEET THE 10 FOOT SETBACK IS ESTIMATED AT A VALUE OF 689,984 OR 53% OF VALUE OF THE STRUCTURE.
DOES THAT SOUND CORRECT? I HAVE IT.
UM, AND THIS IS, THIS IS SOMETHING THAT WHEN YOU ACQUIRED THE PROPERTY, THE SETBACK THAT WAS ALREADY IMPROPERLY BUILT ON THE SETBACK, CORRECT? YES.
THEY'VE DONE NOTHING TO THE BILLIONS.
UM, AND THE COMMUNITY, THE NEIGHBORS ARE IN SUPPORT OF THIS APPLICATION? YEAH.
ESPECIALLY THE GUY THAT'S LIVING THERE ON THE BIG GIANT, UH, UH, PARKING LOT.
UH, HE'S SORT OF A FRIEND OF OURS.
HE'S LOOKING FORWARD TO US MOVING US.
OUR CHURCH MOVING IN CUZ HE, HE DONE, OTHER PEOPLE ARE THERE STEALING STUFF ALL THE TIME.
SO HE'S MOST WELCOMING TO OUR CONGREGATION THAT WILL PROVIDE HIM A GOOD NEIGHBOR.
AND THEN JUST TO, UM, SEVERAL PEOPLE HAVE OWNED THIS PROPERTY PRIOR TO YOUR CLIENT AND NONE OF WHICH COULD MAKE THE PROPERTY WORK WITH OTHER USES BECAUSE OF THE LAYOUT OF THE PROPERTY AND ALSO THE STRUCTURE.
IS THAT CORRECT? THE PERSON ORIGINALLY PURCHASED THE PROPERTY AND BUILT THE BUILDING ILLEGALLY, UH, FINANCED IT WITH A BANK.
THE BANK, UH, TOOK IT BACK FROM HIM AFTER HE TRIED MANY OF DIFFERENT IDEAS.
UH, THAT BANK SOLD IT TO I THINK ANOTHER GROUP AND ANOTHER, THAT GROUP GAVE IT TO ANOTHER BANK AND THAT BANK SOLD IT TO US AND IT WAS SOLD AS A CHURCH UNFORTUNATELY.
AND THAT'S WHY OUR PEOPLE DIDN'T KNOW.
SO IT SEEMS THAT EVEN THOUGH IT'S NOT SOMETHING WE CONSIDER THE BEST AND HIGHEST USE FOR THIS PROPERTY IS A CHURCH, ALTHOUGH THAT'S NOT SOMETHING WE CAN CONSIDER, IT SEEMS THAT THE COST FOR YOU TO BECOME COMPLIANT IS ONE THAT WOULD HAVE SIGNIFICANT IMPACT ON YOUR CLIENT.
I DON'T HAVE ANY OTHER QUESTIONS.
DO I HAVE A MOTION? WE, AND WE HAVE TWO MOTIONS AND I DON'T THINK THERE'S ANY OTHER SPEAKERS ON THIS.
I MOVE THAT THE AB BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 0 4 ON APPLICATION OF DEEPER LIFE BIBLE CHURCH REPRESENTED BY PETER KAVANAUGH, GRANT, THE THREE FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD 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, WHICH IS COMPLIANCE WITH THE SUBMITTED SITE PLAN AS REQUIRED.
UM, IS THERE ANY DISCUSSION? UH, SO THIS HAS BEEN A LENGTHY CASE AND REVIEW.
UH, FIRST WANT TO ACKNOWLEDGE AND THANK THE APPLICANT FOR PROVIDING, UM, THE, THE FINANCIAL INFORMATION THAT WE HAD REQUESTED AS FAR AS, YOU KNOW, WE SHARED WHAT THE THRESHOLD WAS PER DALLAS DEVELOPMENT CODE, UM, IN A, IN APPLY, UH, EXCUSE ME, IN ADHERING TO THE SETBACK, UH, WHICH YOU ALL DIDN'T NEED.
SO WITH ALL THAT BEING SAID, WE DO SEE THAT COMPLIANCE TO THE SETBACK AS REQUIRED BY CODE WOULD BE HARDSHIP.
SO THAT IS MY, UH, RATIONALE FOR GRANTING THIS, UH, THIS VARIANCE.
I ALSO WILL MOVE, UM, TO VOTE TO GRANT THIS.
I THINK YOU ALL HAVE DONE A LOT OF WORK HERE.
UM, I THINK IT'LL BE A GREAT ADDITION TO THE COMMUNITY, UM, AND THE HARDSHIP THAT YOU WOULD HAVE TO FACE TO BECOME COMPLIANT.
AND I, WHEN Y'ALL ACQUIRED THE PROPERTY, I DON'T THINK YOU REALLY REALIZED WHAT YOU WERE FULLY BUYING.
UM, SO, YOU KNOW, IT DOES SEEM TO BE THE BEST AND HIGHEST USE, ALTHOUGH
[02:35:01]
THAT'S NOT SOMETHING WE CAN REALLY TAKE IN CONSIDERATION.BUT WE DO APPRECIATE YOUR DUE DILIGENCE HERE.
UM, AND IF MR. IRWIN IS HAPPY WITH THE LANDSCAPING, I'M HAPPY TO, UM, ANY OTHER WE CAN TAKE A ROLL CALL VOTE.
AND WE HAVE A SECOND, UM, MOTION, UM, ON THE LANDSCAPE PLAN.
SO IF, UM, WOULD ANYBODY LIKE TO MAKE THAT MOTION? I'D LIKE TO MAKE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH 0 0 4 ON APPLICATION OF DEEPER LIFE BIBLE CHURCH REPRESENTED BY PETER KAVANAUGH.
GRANT, THE REQUEST OF THIS APPLICANT FOR SPECIAL EXCEPTION TO THE LANDSCAPE REQUIREMENTS CONTAINED IN ARTICLE 10 OF THE DALLAS DEVELOPMENT CODE AS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY, THE TESTIMONY PRESENTED TO US AND THE FACTS THAT WE HAVE DETERMINED SHOW THAT ONE, STRICT COMPLIANCE WITH THE REQUIREMENTS OF THE ARTICLE WILL UNREASONABLY BURDEN THE USE OF THE PROPERTY.
TWO, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
AND THREE, THE REQUIREMENTS ARE NOT IMPOSED BY A SITE SPECIFIC LANDSCAPE PLAN APPROVED BY THE CITY PLAN COMMISSION OR CITY COUNCIL.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE REVISED SUBMITTED ALTERNATE LANDSCAPE PLAN IS REQUIRED.
AND CAN WE ADD ONTO THAT, UM, THE DATE OF THE PLAN, WHICH IS 4 14 22, BUT JUST SO WE KNOW, THE DATE OF THE PLAN IS 4 14 22, RIGHT? JUDGE 2022 OR 2023.
WAIT, IS THAT RIGHT? IT'S JUST BEEN REVISED.
I NEVER REVISED THE, BUT SO IT SAYS 2022.
ALL RIGHT, SO WE'LL GO WITH THAT.
SO MS. LAMB SECONDS AND IS THERE ANY DISCUSSION ON THIS? UM, 4 14 22? I THINK.
I THINK MR. THE FACT THAT MR. IRWIN SPEAKS HIGHLY OF THIS PLAN IS ENOUGH FOR ME AND I HOPE THAT Y'ALL FIND A GOOD HOME, UM, AT THIS LOCATION.
I WOULD, UH, ALSO, UH, SUPPORT THIS MOTION TO GRANT, UH, THIS MOTION ON THE BASIS OF THE, UM, THE RECOMMENDATION OF MR. IRWIN'S LANDSCAPE OR APPROVAL OF THIS LANDSCAPING PLAN.
HOWEVER, UH, WELL, NOT HOWEVER, BUT MORE THE FACT THAT EXISTING VEGETATION ON THE SITE IS BEING KEPT AND THAT SINCE THERE IS A SIGNIFICANT PARKING LOT ACROSS THE STREET, THAT THIS DOES HELP MITIGATE ANY HEAT ISLAND EFFECTS IN THE AREA.
SO THAT'S MY POINT OF DISCUSSION.
MS. LAMB? AYE VICE CHAIR? AYE.
THANK YOU VERY MUCH FOR COMING.
ALRIGHT, WE NEED, OKAY, WE HAVE ONE LAST CASE AND IT'S BDA 2 23 DASH 0 23.
WE'RE GONNA TAKE A THREE TO FOUR MINUTE BREAK TO GO TO THE BATHROOM.
[02:42:39]
YEAH, YEAH, YEAH.ALL RIGHT GUYS, LET'S GET BACK.
WE HAVE ONE MORE CASE AND THIS POOR MAN HAS BEEN WAITING ALL DAY.
PRESTON SHIRE LANE AT, I'M WONDERING FORWARD CLOSED IT.
WE'LL SWEAR YOU IN AND THEN YOU CAN STATE YOUR NAME AND ADDRESS FOR THE RECORD.
THANK YOU FOR BEING PATIENT WITH US TODAY.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
I RECITED IN 61 10 PRESTON SHIRE LANE.
LADIES AND GENTLEMEN, I'M AN OWNER OF AN APPLICANT OF THE THESE UH, STRUCTURES.
I'M REQUESTING FOR A SPECIAL EXCEPTION TO BUILD ACCESSORY UNIT NEXT TO MY PROPERTY.
I HAVE REVISED MY PREVIOUS PLAN, WHICH WAS ABOUT THE 1600 SQUARE FEET TO A STORY AND SUBMITTED FOR A PERMIT AND IT CAME TO THE BOARD OF ADJUSTMENT.
UH, AND UH, THROUGH THE PLANNING I GOT ADVISED I NEED TO BE A 25% OF THE MAIN STRUCTURE AND LOWER IN HEIGHT ON THE MAIN STRUCTURE AS WELL.
IT MEANS I TREMENDOUSLY REDUCED AND REPLAN AND CONVERTED TO THE ONE STORY BUILDING.
I HAVE REVISED AND COMPLIED WITH ALL THE CODES OF THE CITY OF DALLAS.
AND NEEDLESS TO SAY, THIS IS STRUCTURE ABSOLUTELY WILL BE USED AS A FAMILY, WHICH IS, I EXPLAINED IT AND YOU MENTIONED IT ON THE DEBRIEFING, I MEAN ON BRIEFING.
UM, IT'S GONNA BE FOR A FAMILY MEMBER, UH, MOTHER-IN-LAW AND HE IS NOT GOING TO BE, UH, FOR THE RENTAL PURPOSES.
AND IF THERE REQUIRES THE, I FILED THIS RESTRICTION ON THE PROPERTY FOR THIS PROP, I MEAN FOR THIS ACCESSORY UNIT AGAINST THE RENTAL, I WILL DO SO IF YOU REQUIRE ME TO INSTALL IT, INDEED I WILL DO THAT.
THE OTHER CONCERN THE NEIGHBOR HAD WAS THE EFFECT OF THE OTHER PROPERTY.
[02:45:01]
HOW THIS, UH, ACCESSORY UNIT OR THE ADDITION IS ADVERSELY AFFECT OTHER PROPERTY.I LITERALLY WALK THE NEIGHBORHOOD AND UH, WE HAVE A GENTLEMAN NAMED RICHARD BOYLE, WHICH BASICALLY NOT PER BOOK, BUT HE'S LIKE A CAPTAIN OF BLOCK AND I TALKED TO HIM AND THERE IS A TEXT MESSAGE FROM HIM ON THE PACKAGE I HANDED THIS MORNING AND YOU GOT IT ON THE FILE.
AND I HAVE, UH, MY NEXT DOOR, UH, HOUSE NEIGHBOR ACROSS THE STREET AND TWO HOUSE DOWN.
THERE WAS A TWO MAIL, ORIGINALLY TWO EMAIL CITY RECEIVED FROM THE 6 0 4 2 AND 6 0 2 6, WHICH THE, I DISCUSSED WITH BOTH OF THEM.
THEY HAD TO QUESTION WHAT'S GOING ON.
THEY DIDN'T UNDERSTAND THE CITY LETTER AND CITY ANNOUNCEMENT.
THAT'S WHAT I EXPLAINED TO THEM.
AND THEY GAVE ME A CONSENT, WHICH IS PART OF THE PACKAGE.
BASICALLY THIS CORNER LOT, WHICH YOU SEE THE ENTIRE NEIGHBORHOOD ARE CAN ZONING, HAS IT HUNDRED FEET BY 188 FEET DEEP LOT.
BUT THIS SPECIFIC LOT IS 135 FEET WIDE AND IT'S HUNDRED 35 FEET WIDER THAN ANY OTHER UH, UH, PROPERTY.
I TALKED TREMENDOUSLY WITH THE MR. FERNANDEZ AT 60 26 AS WELL AS THE MR. BA AT THE 6 0 42.
AND UH, AND, UH, RICHARD BOYLE ON THE OTHER SIDE OF THE ROAD AND THEY APPEARS TO ME THEY DIDN'T HAVE ANY KIND OF, UH, PROBLEM WITH MY, UH, WITH MY PROPOSED STRUCTURE.
I DO HAVE IT INSIDE THE PACKAGE ADDRESS POINTED OUT ON THE AERIAL MAP WHERE THESE PEOPLE LIVED ARE VERY CLOSE.
UH, AT LEAST 1, 2, 3, 4 OF THEM CLOSED LESS THAN A 200 FEET.
AND ALL THE CONSENT AND EVERYTHING IS BASICALLY INCLUDED IN THAT PACKAGE.
AND YOU DO HAVE A RECORD, I'LL BE GLAD TO ANSWER ANY QUESTION YOU MIGHT HAVE.
SO JUST TO CLARIFY A COUPLE OF THINGS, UM, ONE QUESTION FOR STAFF.
THERE WERE NO LETTERS IN OPPOSITION ON THIS CASE, CORRECT? IN THE HISTORY OF THE CASE? I HAVEN'T RECEIVED ANY.
AND THERE WERE NONE FROM EARLIER.
UM, MY SECOND QUESTION IS, UM, IT SOUNDS LIKE HE HAS REDUCED THE SIZE OF HIS UNIT FROM 1,237 FEET TO 1,148 FEET.
IS THAT CORRECT? THAT'S CORRECT.
DO WE HAVE, DO WE HAVE A SITE PLAN THAT WE'RE ATTACHING TO THAT? DO WE HAVE THAT REVISED PLAN? YES MA'AM.
YOU SHOULD HAVE IT, IT SHOULD BE THE SAME SITE PLAN THAT YOU HAVE IN HERE.
UM, I HAVEN'T RECEIVED ANYTHING.
I MEAN, ALL OF MY DOCUMENTATION STILL SAYS 1,237 FEET.
SO I DIDN'T KNOW SITE PLAN WASN'T REQUIRED.
THERE'S NOT A SITE PLAN REQUIRED WHEN IT, WHEN IT COMES TO MAKING THIS MOTION, IT'S NOT TIED TO A SITE PLAN.
BUT THERE IS AAI PLAN THAT REFLECTS THE CHANGES.
WAS THERE, IS THERE, I THINK IT BROUGHT UP IN BRIEFING, IS THERE BOA HISTORY HERE ON THIS PROPERTY? NOT IN THE LAST FIVE YEARS, NO.
OKAY, SO THERE'S NOT SOMETHING UP, NO SECONDARY METER OR ANYTHING OF THAT SORT? THE YES, FOR THAT REASON FOR THE ELECTRICAL METER, BUT NOT FOR THIS.
SO THERE WAS A SECONDARY BID REQUESTED.
SO THAT WAS GRANTED OR YES, THAT WAS GRANTED.
AND IS IT TIED TO THIS ADU? I'M NOT FOR SURE IF IT TIES TO THE ADU OR NOT.
I CAN LOOK IN POSSE AND SEE, BUT IT WAS JUST FOR A SECOND ELECTRICAL METER.
WHAT DO WE KNOW WHO, WHO FILED THAT APPLICATION? GIVE ME A BRIEF MOMENT TO LOOK.
THERE IS ONE ELECTRICAL METER WE HAVE.
IS THAT WHAT YOU'ALL TALKING ABOUT? DO YOU, DO YOU HAVE TWO ELECTRICAL METERS? NO MA'AM.
THE ONLY THING, WE HAVE TWO, WHICH WE MOVED IN BACK APRIL OF THE 2006.
THIS HOUSE HAS A TWO METER, TWO WATER METER.
ONE WAS A FIVE EIGHTS WAS THE HOUSEHOLD AND ONE WAS THE INCH AND A HALF FOR THE SPRINKLE SYSTEM AND POOL.
WHEN WE, THE REASON YOU WERE TALKING ABOUT AT ONE O'CLOCK WAS, UH, WE DIDN'T TOUCH THE UH, BIG METER.
IT IS JUST TAKING CARE OF THE SPRINKLER SYSTEM AS WELL AS THE POOL.
THE CITY OF DALLAS CONTRACTOR CAME IN AND THEY DRIVE ALL OVER THE EXISTING BIG METER AND THEY BROKE IT.
[02:50:01]
I CALLED THE CITY, THEY CAME BACK AND CHANGED IT.ACTUALLY THAT BIG METER WAS INSTALLED BACK 1999 WHEN THE ORIGINAL OWNER BUILD POOL, IT MEANS WE ARE NOT USING THAT, UH, UH, INCH AND A HALF FOR THE HOUSE, FOR THE INTENT FOR THIS ACCESSORY UNIT IS USED THE SAME, UH, METER, SAME WATER, AND UH, SAME GAS LINES.
WE'RE JUST TRYING TO FIGURE OUT, BECAUSE TYPICALLY WHEN YOU HAVE A SECOND METER, YOU HAVE TO COME IN FRONT OF THE BOARD TO GET APPROVAL CUZ TYPICALLY ONLY ONE UTILITY IS ALLOWED ON THE PROPERTY.
WITHOUT A, WITHOUT A VARIANCE.
SO WE'RE JUST TRYING, WE'RE TRYING TO UNDERSTAND WHAT'S ON THE PROPERTY.
AND ALSO ON THE CITY OF DALLAS BORDER RECORD IT SHOWS I AM NOT PAYING ANY SEWER FEES OR ACCOUNT EXTRAS FOR THAT SECOND YEAR.
HANG, HANG ON JUST A MOMENT CUZ I WANNA GET CLARITY FROM, BECAUSE THAT TIES INTO AN ADU.
SO LET'S GET CLARITY ON, I HEAR YOU.
WHAT, WHAT THIS, WHAT THIS LOOKS LIKE.
UM, THERE WAS A, THERE WAS A, THIS ONE IN FRONT OF THE B BOARD OF ADJUSTMENT FOR A SECOND METER PREVIOUSLY.
SO WE'RE TRYING TO PULL THAT UP.
WHILE WE'RE WAITING ON THAT, UM, I JUST, THE THANK YOU VERY MUCH FOR GOING AND TALKING TO YOUR NEIGHBORS.
APPRECIATE THAT IS APPRECIATE, REALLY APPRECIATE THAT.
UM, I DON'T REALLY HAVE A MAP, CAN YOU, UM, LIKE 60 18, IS THAT YOUR NEXT DOOR NEIGHBOR? IS THAT ACROSS THE STREET WHERE ALL THESE FOLKS ARE LOCATED? THERE IS A LAYOUT IN HERE, WHICH I HANDED TO, UH, MS. WILLIAMS. IT SHOWS ALL WHERE THE ADDRESS IS OFF.
SORRY, I DID NOT SEE THAT ON THE SECOND PAGE.
60 18 IS THE NEXT DOOR NEIGHBOR.
THE OTHER ADDRESS IS NOT SHOWING.
IT DOESN'T MEAN I DIDN'T TALK TO THEM.
I TALKED TO MOST OF THE PEOPLE ON THAT BLOCK, WHICH IS 24 HOUSES.
AND DID THE OTHER PEOPLE NOT WANNA SIGN SOMETHING BUT THEY AGREED OR NO? THEY DID.
I MEAN THEY, THEY WERE COMFORTABLE WITH IT.
I DIDN'T REALLY ASK HIM FOR IT.
THE B I MEAN THE, YOUR CASE HISTORY ON THIS APPLICATION SAYS THERE WAS, UM, ONE RELATED BOARD CASE IN THE LAST FIVE YEARS.
180 9, 1 0 9, JANUARY 21ST, 2020 PANEL, A GRANT AND REQUEST TO CONSTRUCT AND MAINTAIN AN ACCESSORY DWELLING UNIT AND INSTALL AND MAINTAIN AN ADDITIONAL ELECTRIC METER ON THE PROPERTY.
BUT IT DOESN'T GIVE THE ADDRESS.
WAS THIS YOUR PROPERTY? NO, NO SIR.
SO WHATEVER, SO WHAT HE'S ESTABLISHING, ALTHOUGH WE HAVE ONE HISTORY IN YOUR RECORD ON THIS CASE, IT WAS 180 9 1 0 9 ON JANUARY 21ST, 2020.
NO, BUT HE'S REPRESENTING, THIS WASN'T MY PROPERTY.
NO, I'VE NOT, I'VE LOOKED UP THAT BDA CASE AND THAT IS A, IT'S AT 59 52 JOYCE.
JOYCE, I NEVER RECORDED, NEVER RECORDED ANY TYPE OF HISTORY FOR THIS ADDRESS.
MAYBE, MAYBE THAT'S A PROB IT IS MY ADDRESS.
WHAT ADDRESS IS JOYCE SHOWING ON THAT JOYCE ON JOYCE STREET.
SO, SO I DON'T KNOW WHERE THAT INFORMATION IS.
SO WE DON'T HAVE TO WORRY ABOUT A SECOND METER ON THE PROPERTY AND WE'RE OKAY CUZ WE'LL, WE'LL JUST PRETEND THERE'S NO CASE.
WE'RE PRETENDING LIKE DOESN'T EXIST.
BUT, AND WE REALLY ARE SUGGESTING INTENTIONALLY THAT, UM, THE CONDITION WE'RE SUGGESTING IN SUPPORT OF THIS REQUEST IS THAT YOU DO REQUIRE PER THE CODE, IF YOU GRANTED SPECIAL EXCEPTION FOR AN ADDITIONAL DWELLING UNIT THAT YOU SHALL REQUIRE THE APPLICANT TO DERESTRICT THAT'LL NEVER BE USED FOR RENTAL ACCOMMODATIONS.
WE'RE ALSO SAYING THAT WE DON'T REALLY IMPOSE SUGGESTS YOU IMPOSE A SITE PLAN AS A CONDITION BECAUSE IN THIS PARTICULAR CASE, EVERY ASPECT OF THE
[02:55:01]
CODE WILL HAVE TO BE MET.UM, IN TERMS OF BUILDING CODE ZONING CODES.
THE ONLY DEVIATION HE WANTS FROM YOU TODAY IS WHETHER NOT HE CAN HAVE A COLLECTION OF ROOMS AND AN ACCESSORY STRUCTURE THAT HAS A BATHROOM, A KITCHEN, AND A BEDROOM.
I JUST WANTED TO MAKE SURE THAT THERE WASN'T TWO UTILITIES ON THE PROPERTY THAT WE NO, WERE NOT POTENTIALLY RUNNING THE RISK OF THIS EVEN DE DEED RESTRICTED THAT IT MIGHT BE USED FOR SOMETHING OTHER THAN WHAT HE'S ASKED.
WE, THERE'S NO RECORD OF ANY, UM, PREVIOUS CASE, NOR IS THIS APPLICATION ABOUT AN, AN ADDITIONAL ELECTRIC METER.
ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? NOPE.
ARE THERE ANY OTHER SPEAKERS ON THIS CASE? NOPE.
MS. LAMB, I MOVE THAT THE BOARD OF ADJUSTMENT IN REQUEST NUMBER BDA 2 23 DASH 23 A ON APPLICATION OF DAVID HASSANI GRANT, THE REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT BE USED AS A RENTAL ACCOMMODATIONS AND WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
I FURTHER MOVE THAT THE FOLLOWING CONDITIONS BE IMPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE.
THE APPLICANT MUST DEED RESTRICT THE SUBJECT PROPERTY TO PREVENT THE USE OF THE ADDITIONAL DWELLING UNIT AS A RENTAL ACCOMMODATIONS.
UM, I GRANTED THIS MADE THIS MOTION BECAUSE I DO, UM, BECAUSE OF THE DEED RESTRICTION AND THE WORK THAT YOU DID WITH YOUR NEIGHBORS.
UM, AND THAT PROVES TO ME THAT, UM, THAT THEIR SUPPORT, THAT, THAT THIS PROJECT WILL NOT ADVERSELY REFE, UH, AFFECT THEIR PROPERTY AND THE COMMUNITY.
UM, AND I THINK YOU DID THE DUE DILIGENCE HERE AND I APPRECIATE WHAT THIS USE IS, IS THANK YOU, UM, BEING USED FOR, AND I FEEL COMFORTABLE WITH THE DEED RESTRICTION THAT IT WON'T BE USED FOR SHORT-TERM RENTALS OR RENTAL PURPOSES.
THANK YOU VERY MUCH FOR, UM, TALKING TO YOUR NEIGHBORS.
I MEAN, WE, I APPRECIATE AS, AS YOU SAW TODAY, UM, WE CAN'T APPROVE THINGS UNLESS YOU MEET THAT NARROW REQUIREMENT.
AND, UM, THANK YOU FOR STAYING ALL DAY.
ALL RIGHT, WE WILL CONCLUDE THE PUBLIC HEARING TODAY AT 4:21 PM THANK YOU.
BEFORE WE LEAVE UHHUH
AND, AND THIS LAST PART WHERE WE'VE HAD A LOT OF TRANSITION, YOU'VE BEEN INVALUABLE AND WE ARE REALLY GONNA MISS YOU.
UM, I, I HAD TO MISS YOUR LAST RETIREMENT PARTY CAUSE I WAS OUT OF TOWN, SO I BROUGHT A CAKE SO WE CAN ALL HAVE CAKE AND CELEBRATE THAT YOU ARE LEAVING AND THIS MEETING IS OVER.
AND CAN I SAY ONE MORE ITEMS AFTER THIS DAY? YOU DON'T WANNA COME BACK NEXT.
CAN I SAY ONE MORE ITEM ON THE RECORD FOR MR. LONG HERE? UH, IT HAS BEEN A PRIVILEGE AND HONOR, UM, AS SOME OF Y'ALL KNOW, MY MOTHER WAS PREVIOUSLY ON THE BOARD OF ADJUSTMENT AND SHE TALKED SO HIGHLY OF MR. LONG HERE.
SO THE HONOR THAT WE GOT TO WORK TOGETHER TOO, THIS HAS JUST BEEN A TREAT.
SO I WISH YOU WELL IN YOUR, YOUR NEXT ENDEAVORS.
JOE'S MOM WAS THIS WONDERFUL WINNIE CANNON TRINA, AND I REMEMBER WINNIE WINFORD WINNER.
AND IT, HEY, THE LEGACY OF A BOARD MEMBER.