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[Board of Adjustments: Panel C on June 22, 2023. ]
AND I AM THE PRESIDING OFFICER FOR THE BOARD OF ADJUSTMENT PANEL C AND VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT.UH, WELCOME TO TODAY'S HEARING, THURSDAY, JUNE 22ND, 2023 AT 1:06 PM UH, BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE MANNER IN WHICH WE WILL CONDUCT THIS HEARING.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL AND THE MAYOR.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO BE A LEGAL USE.
UH, WE'VE 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 YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE HEAR TODAY SHOULD BE SUBMITTED TO THE BOARD SECRETARY, MS. WILLIAMS, WHO IS RIGHT THERE.
UH, WHEN YOUR CASE IS CALLED, THE EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD FOR EACH CASE.
IF YOU ARE SPEAKING TO US ONLINE, WHEN YOU SPEAK, YOUR FACE HAS TO BE VISIBLE AT ALL TIMES.
UM, LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT SHORTLY AFTER TODAY'S HEARING AND WILL BECOME A PART OF THE PUBLIC RECORD FOR EACH CASE.
UM, ALL PEOPLE REGISTERED TO SPEAK ON ANY OF THE CASES TODAY WE'RE REQUIRED TO REGISTER ONLINE OR IN PERSON WITH STAFF BEFORE ADDRESSING THE BOARD.
IF YOU HAVEN'T DONE THAT AGAIN, MS. WILLIAMS IS, IS FIRST, UM, OUR RULES OF PROCEDURE.
UM, EACH SIDE WILL GET 10 MINUTES AND THE APPLICANT WILL THEN GET A FIVE MINUTE, UH, REBUTTAL.
IF MORE TIME IS NEEDED, WE WILL AMEND THOSE RULES AND BOTH SIDES WILL GET EQUAL TIME.
UM, WHAT ELSE IS, UH, I'VE DONE THAT.
INTRODUCTIONS, UH, TO MY LEFT I HAVE MEMBERS, JUDY P*****K, RODNEY MILLIKEN, AND JARED SLADE.
UH, WE ALSO HAVE AN ALTERNATE TC FLEMING.
WE REALLY APPRECIATE ALTERNATES BECAUSE THEY USUALLY DON'T GET ANY HEADS UP AND, UH, AND MEAN THAT WE CAN HAVE A HEARING WITH FIVE PEOPLE AND, UH, IT DOESN'T RUN WITHOUT ALL.
SO, UM, ALSO HERE TO ASSIST ARE, UH, ARE THE, THE BOARD'S ATTORNEY, UH, MATTHEW SAPP.
UM, NIKKI DUNN, WHO IS CHIEF PLANNER AND BOARD ADMINISTRATOR.
GIANNA BRIDGES SENIOR PLANNER? NO, NO, NO.
DIANA
AND MARY WILLIAMS, BOARD SECRETARY MEETING.
UM, ALL QUESTIONS IN YOUR, THROUGH THE, THE PRESIDING OFFICER.
UH, DO WE HAVE SPEAKERS FOR THE PUBLIC TESTING? NO PUBLIC SPEAKERS.
UH, MAY I HAVE A MOTION ON OUR MINUTES, MR. VICE CHAIR? I HAVE A MOTION POLL.
I WOULD LIKE TO MOVE THAT WE ACCEPT THE MINUTES OF OUR LAST MEETING AS PRESENTED.
OPPOSED? IT PASSES UNANIMOUSLY.
UH, FUTURE MOTION WILL BE DONE BY ROLL CALL.
UH, IF IT'S OKAY WITH THE BOARD, UH, I'D LIKE TO HEAR THE TURTLE CREEK CASE LAST, UH, AND JUST SIMPLY, UH, SWITCH IT, UH, WITH THE THIRD CASE.
IS THAT OKAY WITH, SO WE'LL HEAR THEM IN THAT ORDER.
SO WE HAVE ONE CASE ON OUR UNCONTESTED DOCKET.
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UH, BDA 2 23 DASH OH 4 7 3 0 4 SOUTH BEACON STREET ON THE APPLICATION OF ROBERT BALDWIN FOR A VARIANCE TO THE FRONT YARD SETBACK REGULATIONS.UH, I HAVE CHECKED WITH MR. BALDWIN AND HE IS COMFORTABLE WITH WHAT HE'S ASKED FOR.
IS THERE ANY DISCUSSION OPPOSE THE HEARING? NO.
I HAVE AN, A MOTION? NO, MR. CHAIR, I, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH 0 4 7 ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE 14 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICATION BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCE ENFORCEMENT OTHER PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
A FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
I SECOND FLEMING SECONDS DISCUSSION.
MS. WILLIAMS, WILL YOU, UH, CALL THE VOTE PLEASE? MR. FLEMING? AYE.
IN OUR NEXT CASE, UM, IS BDA 2 23 DASH OH 4 9 25 13 NORTH CHU AVENUE.
IS THE APPLICANT HERE, COULD YOU PRONOUNCE YOUR NAME CORRECTLY SO I DON'T BUTCHER IT? I'M GONNA BUTCHER IT.
I THINK MY NAME IS RUTH SOLONO.
I'M GONNA DO MY BEST, BUT I, I, UH, SO, UH, THIS IS, UH, 25 13 NORTH FITSU AVENUE, THE APPLICATION OF RUTH AND, UH, SOLARNO FOR A VARIANCE TO THE REAR YARD SETBACK REGULATIONS.
UH, TO ALL OF YOU, BEFORE YOU SPEAK, IF YOU'D SAY YOUR NAME AND YOUR ADDRESS AND DO WE NEED TO SWEAR? IF ANYONE IS GONNA SPEAK ON THIS CASE, WOULD YOU STAND AND BE SWORN IN? YES, SIR.
DO YOU SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE SAY, I DO.
PLEASE SAY YOUR NAME AND ADDRESS BEFORE PROCEEDING.
MY ADDRESS IS 2023 COSTER DRIVE, DALLAS, TEXAS 75 2 16.
I WOULD LIKE TO, UH, REQUEST THE VARIANCE FOR THIS.
UH, IT'S GONNA BE, UM, IT'S GONNA BE A SHED STORAGE AND IT'S GONNA BE USED, UH, FOR THE EMPLOYEES TO PLACE THEIR ITEMS WHENEVER THEY'RE WORKING.
IT'S, UH, 10 BY 10, WHICH IS A HUNDRED SQUARE FEET AND IT IS ON THE REAR, UH, SETBACK.
THAT'S WHY I'M HERE BEFORE, UH, BEFORE YOU TO ASK FOR THAT, UH, APPROVAL.
UH, IF YOU HEARD OUR, OUR, UM, BRIEFING, ONE OF THE THINGS WE WERE TRYING TO FIGURE OUT IS WHETHER THE, YOUR, UM, BUILDING, UH, EXISTED PRIOR TO THE MULTIFAMILY.
AND WE COULDN'T EXACTLY TELL WHERE YOU WANT TO BUILD WHAT YOU WANT TO BUILD.
CAUSE IT LOOKED TO ME LIKE YOU WANTED TO BUILD IT INSIDE EVEN THE THREE FOOT SETBACK.
UH, IT'S GONNA BE RIGHT ON THE THREE FOOT SETBACKS INSIDE YES, SIR.
INSIDE AS IN TOWARD THE PROPERTY.
SO THERE WOULD BE NOTHING INSIDE THAT BY INSIDE, I MEAN, THERE WOULD BE NOTHING MORE THAN, NOTHING LESS THAN THREE FEET FROM THE PROPERTY?
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NO, IT'S GONNA BE NOTHING.UH, THE EXISTING STRUCTURE THERE LOOKS LIKE IT'S, UH, UM, SHIELDING FOR A DUMPSTER.
AND THAT SERVES ALL OF YOUR TENANTS? YES.
UM, DID YOU HAVE A CHANCE TO READ THE OPPOSITION? UM, THE, NO, I JUST, I JUST READ THE LETTERS THAT WERE SENT.
ARE THOSE SPEAKERS IN OPPOSITION HERE? YES, SIR.
WE HAVE MR. OH, ON ONLINE? YES.
UH, HE'S LINE MR. JULES PALMER.
NO, I JUST, UH, UM, WELL, I'D LIKE TO GIVE YOU A, A CHANCE TO RESPOND TO THE OPPOSITION, UM, THE, UM, BUT IF YOU HAVEN'T READ IT, THAT'S PRETTY HARD.
SO YOU'RE ASKING FOR A VARIANCE, UH, IF, IF YOU GUYS HAVE QUESTIONS, UH, BUT IN, I I I WAS ABOUT TO ASK ABOUT SIZE, SHAPE, AND SLOPE.
IT LOOKS FROM OUR BRIEFING MATERIAL THAT THIS, THIS DOESN'T EXACT, THIS IS A FAIRLY NORMALLY SHAPED PIECE OF PROPERTY.
UM, DOES IT SLOPE? WHAT, WHAT IS, WHAT IS THE HARDSHIP? UH, IT DOESN'T SLOW.
IT'S JUST, UH, JUST A NORMAL BUILDING.
UM, SO OUR, OUR STANDARD FOR VARIANCE AMONG FEDERAL REQUIRES A HARDSHIP THAT IS BASED ON A SIZE SLATE, SIZE, SHAPE, OR SLOPE.
WELL, OF THE BEING DIFFERENT THAN MEN, PROJECT LOOKS, LOOKS TO ME LIKE IT'S A RECTANGLE AND IT'S FLAT.
AND IT'S NOT ANY SMALLER THAN, THAN SIMILARLY ZONE THINGS AROUND IT THAN YOU TELL ME I'M WRONG OR WHY.
UM, THE RESTAURANT ITSELF, IT IS IN A U SHAPE.
UH, IF YOU SEE ON THE SIDE PLAN, UH, IT'S IN A U SHAPE AND, UH, IT'S JUST REALLY HARD TO HAVE SOMETHING INSIDE WHERE WE CAN HAVE OUR BELONGINGS AS FAR AS THE EMPLOYEES.
SO THERE'S NO SPACE IN, IN THERE.
MR. CHAIR, MAY I ASK A FEW QUESTIONS? YES, SURE.
UM, BECAUSE I DON'T WANT TO DESTROY YOUR LAST NAME, UH, WITH MR.
UH, MY ATTEMPT MADE IN GOOD STATE AND ATTEMPT.
CAN YOU DESCRIBE FOR ME WHAT IT LOOKS LIKE ON THE BACK SIDE OF THE BUILDING? LIKE WHAT'S THERE NOW? UM, SO ON THE BACK SIDE IS JUST THE SHED, THE STORAGE, AND THEN THERE'S A FENCE THAT IS EXISTING.
AND THEN, YOU KNOW, THE NEIGHBOR, WHICH IS THE MULTI-FAMILY.
UM, HOW HIGH IS THE FENCE? I BELIEVE IT'S EIGHT FOOT, EIGHT FOOT, UH, WOOD FENCE.
AND SO WOULD IT, IS JUST SLAB ON SLAT OR IS IT LIKE YOU CAN'T SEE THROUGH IT? NO, YOU CANNOT.
UM, AND IS THE GROUND THERE PAVED OR IS THERE ANY SORT OF GRASS OR WHAT, WHAT'S IT LOOK LIKE? IT'S JUST PAVED.
AND THERE'S A DUMPSTER IN THE BACK RIGHT NOW? YES.
UH, AND THIS WOULD GO SOMEWHERE NEARISH TO THE DUMPSTER, BUT THE USED SLOPE? YES.
HOW HIGH ARE YOU CONTEMPLATING THE SHED BEING? UH, IT'S GONNA BE EIGHT FEET INTERIOR.
UM, SO IT MIGHT POP UP A LITTLE BIT ABOVE THE FENCE WITH THE CEILING? UH, YES, A LITTLE BIT, MAYBE LIKE A, LIKE A FOOT OR TWO.
AND, UH, MULTI-FAMILY PROPERTY NEXT TO IT, IT'S, IS IT COMPLETELY BUILT YET? NO.
UM, DO YOU KNOW HOW HIGH THAT'S GONNA BE? UH, I BELIEVE THAT'S A TWO STORY MULTIFAMILY.
SO THE SECOND STORY WOULD LOOK DOWN ONTO THE BACK OF THE BUILDING AND A DUMPSTER IF IT COULD SEE OVER YOUR
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FENCE? YES.UM, IS THERE ANY PARKING THAT'S IN THE BACK? NO, THERE'S NO PARKING IN THE BACK.
AND HOW, WHEN THE BUILDING WAS BUILT, UM, IT WAS FOR COMMERCIAL USE, RIGHT? YES, IT WAS FOR COMMERCIAL USE.
AND THAT REQUIRES YOU TO HAVE SO MUCH PARKING TO BE IN COMPLIANCE WITH CODE SOMEWHERE ON THE BOAT? YES.
AND THAT'S ONE REASON WHY YOU CAN'T PUT THE SHED ON THE FRONT OF THE PROPERTY? YES, SIR.
VICE CHAIR, YOU'RE IN REQUIRING, YOU'RE ASKING FOR VARIANCE FOR THE ENTIRE WIDTH OF THE PROPERTY, HOWEVER, YOU'RE ONLY GOING TO USE ABOUT 10 FEET OF THAT FOR THE INSTALLATION OF THE SHED.
I GUESS I, I'VE NEVER SEEN A REQUEST FOR A, A, A SETBACK VARIANCE FOR LIKE HALF OF A, UH, HALF OF A, OF A FRONTAGE.
UM, THEY, THEY ARE REQUESTING FOR THE FULL THING.
ARE THEY CON, ARE THEY REQUESTING THE VARIANCE WHERE THERE'RE SUITE OR FOR THE ENTIRE SITE IN THE DRAWER? THE APPLICATION IS FOR THEIR SUITE ONLY.
UM, THERE'S OTHER SUITES IN THE RETAIL SHOPPING CENTER, BUT THIS APPLICATION IS, IS JUST FOR THEIR ADDRESS.
THIS IS, I MEAN, IT JUST DEPENDS ON THIS.
I THOUGHT WE HAVE A STRIP CENTER, A STRIP CENTER IN THE MULTI-TENANT CENTER.
IF YOU, IF YOU LOOK AT PAGE 45, SORRY, I DON'T MEAN TO YEAH, NO, JUST ON, ON PAGE 45, UH, THE STRIP CENTER INCLUDES THE, UH, THE, YOU SEE THERE'S A BUILDING IN THE YELLOW CIRCLE NEXT TO THE BLUE OR YELLOW RECTANGLE, NEXT TO THE BLUE RECTANGLE.
THE BLUE RECTANGLE DOESN'T INCLUDE THE ENTIRE STRIP CENTER.
UH, YOU'RE TALKING ABOUT THIS DARKER COLORED ROOF, MR. FLEMING? YES.
IS THAT A DIFFERENT ADDRESS? IS IS THAT, I MEAN, IS THAT A CONNECTED BUILDING? BECAUSE IT LOOKS LIKE THE, AND IT'S ALL CONNECTED.
AND THIS WAS AT ISSUE EARLIER BECAUSE THE, THE VIDEO THAT WE WATCHED WITH THE DUMPSTER, THAT DUMPSTER WAS BEHIND THAT DARK COLORED ROOF BUILDING.
BUT WE ALSO DECIDED THAT PAGE 40 SURE.
FIVE IS NOT THE CURRENT STATE OF THINGS.
AM I WRONG? WE DID, WE DECIDED IT DOES ONLY, NO, WE DID, YOU'RE RIGHT.
UM, BECAUSE IT LOOKS LIKE, ESSENTIALLY WE'VE GOT THREE LOTS THAT ARE ENCOMPASSED BY THIS.
IF YOU LOOK AT 54, THE PLAT, ALTHOUGH THAT'S 2001.
UM, SO YOUR SUITE THEN IS FULLY ENCLOSED BY THIS BLUE SQUARE THAT SAYS SITE.
UM, TYPICALLY WE DEAL WITH PROPERTIES, NOT SUITES.
UM, AND IN FACT, I THINK WE HAVE TO DEAL WITH FLATTERED LOTS.
UM, HOW BIG ARE YOUR SUITE? UM, THE SUITE, I BELIEVE IT'S, UM, EVEN ROUGHLY IT'S AT 1,900, UH, 54 SQUARE FEET.
SO IT IS NOT AT ALL THIS WHOLE WHOLE BUILDING.
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MS.SO I THREE FOOT YARD, SO WHATEVER THE REASON MM-HMM.
AND I GUESS THAT'S WHY IT WOULD BE, IF, IF THIS WAS TO BE APPROVED, IT WOULD BE CONTINGENT ON THE, OR IN, IN, IN CONJUNCTION WITH THE APPROVED SITE PLAN.
AND I GUESS THAT'S WHERE IT WOULD COVER THAT.
UH, THERE MAY BE A COMMENT IN THE CHAT ABOUT YOU GETTING CLOSER TO THE MICROPHONE, SO ANYONE REMOTE CAN HEAR YOU MAYBE.
UH, HOW FAR BACK DO I NEED TO GO? I THINK HE, HE CAUGHT IT.
BUT JUST TO CLARIFY, SO TO MAKE SURE I UNDERSTAND THIS RIGHT, AND I'M LOOKING AT PAGE 54 IN THE, UH, DOCKET PACKET.
THE STRIP CENTER INCLUDES FIVE DIFFERENT LOTS, ONE THROUGH FIVE.
AND THE OWNERS OF THE PROPERTY HAVE AUTHORIZED THE APPLICANT TO SEEK THE VARIANCE IN RESPECTIVE LOTS.
WE HAVE THOSE RESPECTIVE SIGNATURES IN THE DOCKET.
SO I BELIEVE THE APPLICANT HAS THE STANDING TO MAKE THE REQUESTS IN RESPECT OF LOT OF LOTS.
EVEN IF HER DESIRE IS FOCUSED ON, UM, SECURING THE VARIANCE FOR HER SUITE, PARTICULARLY, I DO NOT QUESTION HER STANDARD.
BECAUSE THE WARRANTY DE APPARENTLY E PLAZA THREE LP.
SO THIS IS WHY I WAS ASKING WHETHER IT IS ONE, ONE BUILDING.
CAUSE SOMETIMES ONE A BUILDING IS CUT UP INTO SUITES, BUT IT'S ONE BUILDING IN THIS CASE IT DOES LOOK LIKE THEY'RE ACTUALLY DIFFERENT LOTS, WHICH PERHAPS HAVE DIFFERENT OWNERS.
I'M SORRY, I'M, I'M CONFUSED FOR THE WARRANTY HERE.
THE WARRANTY DEED HAS LOTS, TWO, THREE, AND FOUR.
UM, AND I HAVE THE AFFIDAVIT FROM THE OWNER, AND I BELIEVE YOU GUYS RECEIVED THOSE.
ALSO THE OWNER OF THE PROPERTY AS WELL AS THE OWNER OF THE RIGHT RETAIL STORE.
SO WE HAVE LUIS, UH, VIVA 25 13 NORTH FITSU.
THEN WE HAVE E PLAZA, THREE LP.
AND DO I HAVE A THIRD ONE? NO.
UM, AND THEY BOTH GIVE THE SAME ADDRESS AND DON'T 25 13.
SO I READ THAT TO BE THAT THERE WERE TWO OWNERS OF THE SAME THOUGHT, LIKE IN A PARTNERSHIP OF SOME SORT.
BUT IF THERE'S THREE SEPARATE, I'M CONFUSED.
PER THE WARRANTY DEED, UM, THE OWNER IS E PLAZA THREE LP, THE OWNER OF OWNER THE ENTIRE, UH, BOTH, BOTH OF ALL OF THAT ENTIRE LOTS.
SO WHO IS MR. EVA? HE IS THE ONE, THE OWNER OF THE RETAIL SCHOOL.
SO IT IS ONE PROBLEM, ONE OWNER.
RIGHT? SO I, I, I GUESS I, I DON'T KNOW WHY WE'RE HUNG UP ON HOW FAR THIS, THIS VARIANCE GOES ALONG THE LINE, ALONG THE BACK LINE.
I, I THINK IT'S PRETTY CLEAR THAT WHAT THEY'RE ASKING FOR IS A 17 FOOT VARIANCE TO THE REAR YARD CENTER HERE.
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YEAH.ALL, ALL OF THE BLUE LINE IN 45.
ALL, ALL OF THE BLUE LINE IN 45, WHICH IS NOT ALL OF THE STRIP CENTER.
AND NOW I GO BACK TO, WE CAN ONLY DEAL WITH PROPERTY SPECIFIC THINGS.
IF THEY WERE TWO PROPERTIES, WE WOULD'VE TWO DIFFERENT APPLICATIONS.
SO IS IT TRUE THAT THE PROPERTY, YOU CAN'T SEE OUR BLUE LINE, I DON'T THINK MM-HMM.
SO IS IT TRUE THAT THE PROPERTY LINE HERE IS WHERE THE BLUE LINE EXISTS? SO, SO THAT THIS DARKER COLORED ROOF IS ACTUALLY A DIFFERENT PLATTED LOT THAN THE OTHER? YES.
THAT'S THE PROPERTY IN QUESTION.
OTHER TWO LOTS ADJACENT TO IT ARE NOT.
PART OF THIS, SHE'S ASKING, BUT ALONG THE REAR LINE HERE OF BLUE.
MS. CALL ON THE LINE OF QUESTION.
UM, OUR STANDARD FOR A VARIANCE IS THAT IN ORDER TO GRANT IT, IT HAS TO BE NOT CONTRARY TO THE PUBLIC INTEREST WHEN OWING TO SPECIAL CONDITIONS, A LITERAL ENFORCING THIS CHAPTER WOULD RESULT IN UNNECESSARY HARDSHIP.
AND SO THAT THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED SUBSTANTIAL JUSTICE DONE, B, IT IS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND, WHICH MEANS THE WHOLE PARCEL THAT DIFFERS FROM OTHER PARCELS BY BEING SUCH A RESTRICTED AREA, SHAPE AND SLOPE, THAT IT CAN'T BE DEVELOPED IN A MANNER, MANNER COMMENSURATELY.
IT'S, IT'S BE THAT I'M STRUGGLING WITH.
CUZ IT LOOKS TO ME LIKE PROPERTY ISN'T SMALL, IT ISN'T SLOPED.
AND, AND, UH, SO I, THAT THAT'S WHAT I'M STRUGGLING.
I'M JUST, SO, SOUNDS LIKE YOU, YOU REALLY ARE REPRESENTING YOUR, YOUR SUITE NOT INSIDE OF THE PROPERTY, BUT MM-HMM.
I I BELIEVE THAT THAT THE APPLICATIONS FOR THE WHOLE PROPERTY, I DON'T KNOW, BUT I, WE, WE WILL FIND OUT.
BUT I JUST, I, I WANT TO GIVE YOU, YOU'LL HAVE A REBUTTAL AND MAYBE THIS IS THE BEST WAY TO DO IT.
I WANNA GIVE YOU A CHANCE TO SAY EVERYTHING YOU WANNA SAY AND JUST GIVE A LITTLE GUIDANCE AS OPPOSED TO, OR GIVE GUIDANCE TOWARDS WHAT, WHAT WE HAVE TO DECIDE BASED.
SO, UM, IT IS FOR MY, FOR OUR PROPERTY, UM, BECAUSE OUR PROPERTY IS BASED, UH, ON THE SHAPE, IT'S, IT'S, UM, IT'S NOT REALLY HELPING WITH, UM, WITH A LOT OF ROOM THAT WE HAVE INSIDE.
AND, UM, IT IS, WE DO HAVE NEIGHBORS NEXT TO US THAT ARE NOT, THEY'RE, THEY DON'T REALLY MIND US HAVING A STORAGE IN THE BACK.
AND THE, EVERYBODY THERE JUST AS LONG AS THEY HAVE ACCESS TO, UH, THEIR PARKING, THEIR, UM, UH, EVERYTHING THAT THEY HAVE FOR, UH, THEIR SIDE, THEIR SUITES, UH, THEY'RE FINE WITH IT.
IS THERE CURRENTLY CIRCULATION IN THE BACK? HOW, HOW DO PEOPLE GO TO THROW THEIR TRASH OUT? THEY WALK OUT BACK DOOR.
AND IS IT CURRENTLY WIDE ENOUGH FOR CARS TO YES.
WHICH NOW THERE'S SOMETHING, SOMEBODY MENTIONED SOMETHING ABOUT A RIGHT AWAY WATER.
DIFFERENT, CAN I SPEAK TO THAT PLEASE? OKAY.
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YOU WANNA TELL THEM HOW? YEAH, IT'S A, THERE IS AN ABANDONED EASEMENT, ENCROACHMENT, UM, THAT I DID MAKE A LETTER AND I DID, UH, RECORD IT.UH, I DO HAVE THE, UM, THE PAPER HERE THAT I DID RECORD IT.
AND, UM, JUST BASICALLY SAYING THAT WE ARE NOT, WE UNDERSTAND, UM, THAT WE, WE MIGHT, UM, THAT EVEN IF WE MAKE THE SHED THERE, THAT THE CITY, UM, CAN COME BACK AND TELL US THAT THERE IS A, THERE'S A ENCROACHMENT THERE, BUT THAT IS A, IS GONNA BE AN, A ABANDONED, UH, ENCROACHMENT.
AND, AND I DO HAVE THE LETTER RECORDED, UH, WITH THE CITY.
ARE THERE QUESTIONS FURTHER, MS. PAUL, I ASSUME SINCE THE DUMPSTER IS IN THE REAR OF THE BUILDING, THAT THE, THERE'S AN ALLEY OR THERE'S A WAY FOR THE WASTE MANAGEMENT PEOPLE TO GET TO THAT DUMPSTER? YES, THERE IS.
IS THAT DUMPSTER COMPLIANT OUT OF CURIOUS? I DON'T THINK IT'S TOTALLY RELEVANT, BUT, UM, I DON'T KNOW.
I'D HAVE TO LOOK UP, UH, THE APPROVAL.
SOMETIMES WE REQUEST, I MEAN, WE, UM, WE ALLOW THEM TO PROVIDE DUMPSTER WAIVERS, WHICH WOULD, COULD HAVE BEEN THE CASE FOR THIS.
UH, YOU'LL HAVE A CHANCE FOR REBUTTAL, BUT ARE, ARE THERE, UH, OTHER SPEAKERS IN FAVOR? NO.
PROBABLY IF YOU'LL SWEAR IN OPPOSITION SPEAKERS.
MR. PALMER, WE HAVE TO SEE YOUR FACE AND WE DID SEE IT.
DO YOU SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE SAY I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
J U L E S I, PALMER, P A L L M E R.
DO YOU WANT THE ADDRESS THAT, UH, IS IMPACTED BY THIS, UH, REQUEST FOR THE, YOUR HOME ADDRESS? 3 0 0 4 DURANGO COURT, RICHARDSON, TEXAS 75,082.
NOW, OBVIOUSLY WE, WE CARE VERY MUCH ABOUT THE PROPERTY THAT IS AFFECTED, BUT RIGHT.
AS DO I, UH, I AM REALLY, UH, MAKING THIS OPPOSITION BECAUSE I, I WANT TO
SO MY, I I DO HAVE TO ASK SOME INQUIRIES REGARDING THE EXACT LOCATION.
IS IT A STRIP MALL THAT IS ON THE OTHER SIDE OF, UH, NORTHVIEW? IS, IS ANYONE ABLE TO ANSWER THAT BASED ON, I'M SORRY.
BASED ON MY RESEARCH, IT LOOKS LIKE IT 25 15 ENCOMPASSES AT LEAST GLOBAL ONE WIRELESS AND A RESTAURANT, PERHAPS.
SO YOUR PROPERTY IS A CROSSFITS YOU YOUR NUMBER THREE ON OUR, BUT, BUT IT, IT SOUNDS LIKE YOU'RE ASKING FOR CLARIFICATION AND YOU'D LIKE TO KNOW.
YOU'RE KIND OF CUTTING IN AND OUT.
WHAT, WHAT IS THE QUESTION? PRECISELY, WHAT, WHAT BUSINESS OCCUPIES 25 13 NORTH FITCH YOUTH? IT, IT IS PERHAPS ONE OF A FEW STORES THAT ARE ON THAT PARTICULAR PROPERTY VICE, MR. FLAMAN.
I THINK, UH, PAGE 55 IS GONNA BE OUR BEST ANSWER TO THIS.
IT LOOKS LIKE A GLOBAL ONE HAS A RESTAURANT OR A BUSINESS AROUND IT.
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I THINK THAT SHE WAS REFERRING EARLIER TO BEING U-SHAPED.SO IT'S THAT U-SHAPED RESTAURANT THAT'S AROUND GLOBAL.
ONE IS THE PROPERTY THAT'S TRYING TO BUILD THE STORAGE.
SO, WELL THIS IS, THIS IS, I BELIEVE THE SITE PLAN SHOWS THAT
NOW IT'S INTERESTING, THIS MAP SHOWS SOMETHING DIFFERENT THAN I THINK, THAN THE BLUE SQUARE, BUT, AND MY APOLOGIES, I DON'T HAVE ACCESS TO THAT HANDOUT.
UM, SO I, I CAN'T FOLLOW ALONG.
AND I BELIEVE THE ANSWER TO YOUR QUESTION IS EL CME TACO.
OKAY? YES, YES, THAT'S CORRECT.
AND, AND AS WAS STATED, THE AREA IS THAT OF CONCERN IS IN WHICH THE REQUEST FOR THE VARIANCE IS BEING HELD IS IN THE REAR OF THAT BUILDING, CORRECT? THAT IS CORRECT, YES.
I I HAVE NO OPPOSITION TO THAT, BUT NEEDED CLARIFICATION.
UH, IT IS SIGNIFICANTLY A FAR FROM MY PARTICULAR, UH, PROPERTY TO BE OF GREAT CONCERN, BUT OBVIOUSLY I WANT TO ERR ON THE SIDE OF CAUTION FOR, FOR THE BOARD.
HE IS, HIS PROPERTY IS NUMBER THREE ON THE NOTIFICATION THAT WHICH IS NORTHWEST WELL, OKAY.
UM, DO YOU HAVE ANYTHING FURTHER TO I I DO NOT.
SO THANK YOU FOR TAKING THE TIME TO, UH, BE HERE AND WE APPRECIATE IT.
ARE THERE SO ON, ARE, ARE THERE OTHER SPEAKERS IN OPPOSITION? NO OTHER SPEAKERS? VERY NOT.
SO YOU HAVE FIVE MINUTES AS A REBUTTAL, BUT I'M NOT SURE WHAT YOU'RE REBUTTING.
I, I WOULD JUST LIKE TO CLOSE.
IS THERE A MOTION VICE YOUR AG? I HAVE A MOTION.
UH, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 4 9 ON APPLICATION OF ROOF SOLARNO GRANT, THE 17 FOOT VARIANCE TO THE FRONT REAR 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 THE 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 OPPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
UH, I LOOK AT OUR STANDARD FOR THE VARIANCE, AND I SEE THAT WE HAVE THREE PARTS.
UH, ONE REQUIRES SPECIAL CONDITIONS.
ONE IS A REQUIREMENT ABOUT, UH, NECESSARY TO PERMIT DEVELOPMENT OF SPECIAL PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS, UM, IN TERMS OF RESTRICTIVE AREA, AND THEN NOT GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP.
FOR ME, THE SPECIAL CONDITIONS ARE THE CHANGE IN ZONING FROM THE NEARBY, UM, PROPERTIES THAT CHANGED WHAT OTHERWISE COULD HAVE BEEN DONE ON THIS PROPERTY, AND THIS COULD HAVE BEEN DONE PRIOR TO THAT.
UM, REGARDING THE PART B AND THE RESTRICTIVE AREA, I'M DOING THAT AS BEING THE LIMITATIONS OF, OF OBVIOUSLY THE TWO NEIGHBORS AND THE REQUIREMENT FOR PARKING, WHICH LIMITS THE AMOUNT OF SPACE THAT'S AVAILABLE.
UM, AND SO THAT'S HOW I GET THERE, AND INCLUDING, IN FACT, THERE'S NO OPPOSITION TO IT THAT KIND OF HELPED ME GET THERE MENTALLY INSTEAD OF HAVING TO BALANCE THAT OUT DIFFERENTLY.
AND THEN THE THIRD THING IS ABOUT THE SELF-CREATED OR PERSONAL HARDSHIP, UH, OR FINANCIAL REASONS ONLY.
UH, UM, CONSIDERING THAT THIS IS AN OTHERWISE UNUSED VACANT ALLEYWAY THAT IS ALREADY COVERED BY AN EIGHT FOOT, UH, WOODEN FENCE AND THERE'S A, A DUMPSTER IN THE BACK,
[00:40:01]
I'M NOT VIEWING THAT AS, UM, THIS IS DIFFERENT THAN SOME OTHER TYPES OF THINGS THAT I VIEW AS MORE SELF-CREATED OR PERSONAL APPROACH.SO THAT'S HOW I MENTALLY GET THERE AND, UH, MOVED.
YEAH, I ONLY HAVE TROUBLE WITH THE, AND I, I DON'T IF IF, ARE THERE OTHER, UM, YEAH, I JUST, I, I, WE DID HAVE THE, UH, OPPOSITION LETTERS, UM, AND, UH, I DON'T KNOW.
I, I, YOU KNOW, I, I TRY TO GIVE A LOT OF WEIGHT TO THAT SORT OF THING GENERALLY.
UM, I AM READING THIS AND I, I, I WISH THAT THE GENTLEMAN SHOWED UP SO WE COULD DISCUSS THIS FURTHER, BUT, UM, YOU KNOW, THERE'S A LINE IN HERE OF, UH, PEOPLE LIVE IN THE HOMES, YOU CAN'T TREAT THEM LIKE TRASH.
THAT'S THE SORT OF THING I WOULD LIKE TO STRONGLY RESPECT, BUT I, I READ THE EMAIL AND I, I REALLY GET THE SENSE THAT HE, HE DOESN'T HAVE A GOOD IDEA OF THE SCOPE OF WHAT EXACTLY IS BEING ASKED HERE.
IF IT'S A BUSINESS, YOU KNOW, KNOCKING IT DOWN AND MAKING A BRAND NEW BUILDING THAT'S GOING ALL THE WAY INTO THAT, THAT, THAT WOULD SEEM TO, UH, JUSTIFY THAT, THAT SORT OF STATEMENT.
BUT STORAGE AREA, THAT'S, YOU KNOW, JUST GOING IN THE ALLEYWAY, UH, YOU KNOW, THAT MAKES LESS SENSE TO ME.
UM, SO YEAH, THAT, THAT JUST MY THOUGHTS ON THE OPPOSITION VICE DRAG MAYOR, ADD SOMETHING? YES, SIR.
BECAUSE THAT WAS A VERY GOOD POINT TO, TO REFER TO THAT.
UM, AND I HAD FORGOTTEN THAT I HAD ASKED QUESTIONS TO UNDERSTAND THE NATURE OF THE HEIGHT OF WHAT WAS GOING IN AND THE FENCE STRUCTURE AND OTHERWISE, BECAUSE I DIDN'T GET THE IMPRESSION THAT, UM, THIS PARTICULAR REQUEST WAS INTENDING TO TREAT ANYONE LIKE TRASH, UH, OR VIOLATE ANYONE'S RIGHTS, UM, IN TERMS OF, BUT THAT WAS VERY VALID, APPROPRIATE.
OH, NO, THE, THE TREATING PEOPLE LIKE TRASH IS NOT OUR STANDARD, BUT THAT WOULD BE A PRETTY LOW BAR, UM, OR HIGH BAR, DEPENDING ON HOW YOU SEE IT.
UM, UM, IF THERE ARE OTHER QUESTIONS OR COMMENTS, PLEASE DO SO I WANNA LOOK AT SOMETHING REAL QUICK.
ARE THERE ANY FURTHER COMMENTS, DISCUSS POINTS? HEARING NONE, I'M REALLY LOOKING AT YOU, MR. MILLIKEN.
UH, WILL YOU, UH, PLEASE CALL THE QUESTION MR. MILLIKEN? AYE.
MS. POLLY? AYE, MR. CHAIR NAY, BUT I'M GLAD YOU PASSED.
UM, OUR NEXT CASE, BECAUSE WE'RE SKIPPING, IS BDA 2 23 DASH 0 5 3 7 2 1 7 BROOKSHIRE CIRCLE APPLICATION OF STEVE LAKEN FOR A SPECIAL EXCEPTION TO DEFENSE HEIGHT REGULATIONS.
IF YOU ARE HERE TO SPEAK ON THAT CASE FOR OR AGAINST, WOULD YOU PLEASE STAND TO BE SWORN IN? DO YOU ALL PLEASE RAISE YOUR RIGHT HAND? DO YOU ALL SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE SAY I DO.
BEFORE PROCEEDING, PLEASE MAKE SURE YOU SAY YOUR NAME AND ADDRESS.
FOR SPEAKERS IN FAVOR, I HAVE MR. STEVE LACKING AND MR. PETER
[00:45:02]
CO COED, SORRY.YOU GUYS SHOULD FEEL FREE TO SPEAK IN WHATEVER ORDER YOU WANT.
UH, AS LONG AS MS. WILLIAMS APPROVES HELLO TO THE BOARD.
I AM THE, UM, THE HOME BUILDER, UH, AT 72 17 BROOKSHIRE DRIVE.
UM, I'D LIKE TO GIVE YOU A LITTLE HISTORY ON WHAT WE'RE DOING HERE.
UM, THIS IS A NEW HOUSE WITH A SWIMMING POOL.
UH, UNFORTUNATELY IT HAS THREE SIDES OF THIS HOUSE IS CONSIDERED A FRONT YARD BY THE CITY OF DALLAS.
UH, SO THE FRONT YARD RESTRICTIONS APPLY TO THE FENCING.
UH, ON TOP OF THAT, THE BACKYARD HAS A SWIMMING POOL.
UM, SO THEREFORE WE'RE LOOKING FOR A SIX FOOT FENCE.
UH, WE INITIALLY THE HOMEOWNER WANTED AN EIGHT FOOT FENCE FOR PRIVACY AND MOSTLY FOR SAFETY.
WITH PEOPLE JUMPING OVER THE FENCE AND GETTING INTO THE POOL.
AFTER TALKING TO AS MANY RESIDENTS AS THEY COULD TALK TO, THEY DECIDED THAT A SIX FOOT FENCE WOULD BE LESS INTRUSIVE, UH, TO THOSE NEIGHBORS.
SO THAT'S WHY WE COME BEFORE THE BOARD REQUESTING THAT SIX FOOT FENCE AGAIN.
THAT, THAT FENCE IS, UH, MOSTLY FOR SAFETY.
FOR A BACKYARD LIKE EVERYBODY ELSE'S BACKYARD, YOU LIKE YOUR BACKYARD TO BE PRIVATE.
UM, UNFORTUNATELY IT'S CONSIDERED A FRONT YARD.
A FOUR FOOT FENCE IS NOT THAT INTRUSIVE BECAUSE WE TYPICALLY WANT PEOPLE TO SEE OUR FRONT YARDS.
UM, THE STREET BEHIND WHAT'S IN QUESTION HERE IS REALLY BROOKSHIRE'S CIRCLE, WHICH IS THE BACK PART OF THIS, UH, PROPERTY.
UM, IF YOU WERE TO LOOK AT THIS HOMEOWNER'S HOUSE AND YOU WERE TO SEE THE FRONT OF THEIR HOUSE GOING TO THEIR BACK OF THE HOUSE, BROOKSHIRE CIRCLE, AND THE HOUSES BEHIND THEM, IT'S A GENTLE SLOPE UPWARD.
SO A SIX FOOT FENCE THAT WE ALSO, UH, DECIDE WE WANTED TO PUT IT RIGHT ON THE CURB TO GIVE THAT HOMEOWNER ACCESS TO MOST OF HIS BACKYARD.
BUT AFTER TALKING TO NEIGHBORS, UH, THAT WERE KIND OF OPPOSED TO, UH, A PROPERTY, RIGHT, OR A FENCE RIGHT ON THE, UH, STREET, UH, WE THOUGHT THAT MOVING THE, THE FENCE IN 10 FEET WOULD BE ANOTHER NICE, UM, COMPROMISE FROM EIGHT FEET TO SIX FEET, FROM RIGHT ON THE STREET IN 10 FEET INSIDE, WHICH THEY'VE ALREADY HAD GRASS PLANTED WITH SPRINKLER SYSTEMS THAT'S, UH, MOWED AND TAKEN CARE OF.
UM, BUT MY POINT WITH THE SLOPING OF THE YARD, A SIX FOOT FENCE, UH, 10 FEET OFF THE PROPERTY LINE WITH BROOKSHIRE CIRCLE, NEIGHBORS BEHIND THEM CONTINUING TO GO UP THAT FIVE FOOT FENCE FROM THEIR FRONT YARD, ESPECIALLY THEIR PORCH, IS GONNA LOOK LIKE A FOUR OR A THREE FOOT FENCE.
IT'S NOT AS INTRUSIVE AS FLAT PROPERTY LOOKING AT SIX FEET HIGH.
SO AGAIN, UM, WE DON'T FEEL THAT THE, UM, THE LOOK FROM ACROSS THE STREET, EVEN RIGHT ON THEIR SIDE OF THE DRIVEWAY LOOKS LIKE SIX FEET.
IT'S GONNA LOOK LESS THAN SIX FEET.
UM, THROUGH, THROUGH DISCUSSION WE WERE, UH, WE'RE KNOWN TO KNOW THAT, UH, THREE OR FOUR HOMEOWNERS, UH, WERE OPPOSED TO OUR FENCING.
SOME DON'T LIKE FENCES AT ALL.
OTHERS, UH, SAY FOUR FEET IS FINE.
UM, BUT THAT DOESN'T GIVE THE PRIVACY TO THE HOMEOWNER FOR THEIR SWIMMING POOL AND THEIR GOODS IN THEIR BACKYARD.
AND ALSO FOR THE NEIGHBOR, UH, AND I'LL BE QUITE FRANK, THE NEXT DOOR NEIGHBOR HAD A SIX FOOT FENCE PUT UP THAT WAS NOT, DID NOT PASS THE SAME CRITERIA THAT WE'RE REQUESTING.
SO THAT HOMEOWNER JUST CUT THE TWO FEET OF THE TOP OF THE FENCE OFF, IT LOOKS HIDEOUS.
AND WHEN THE NEIGHBORS WHO ARE UP HIGHER LOOK INTO THEIR BACKYARD, THEY SEE EVERYTHING THAT YOU DON'T WANNA SEE IN YOUR NEIGHBOR'S BACKYARD.
SO TO ME, A SIX FOOT FENCE THAT'S HIGHER, THAT'S NICELY CONSTRUCTED, THAT'S, UH, PUT UP PROPERLY, IT'S GONNA BE MUCH NICER LOOKING FOR BOTH THE HOMEOWNER AND ITS PRIVACY, ITS SECURITY AND SAFETY, AND FOR THE NEIGHBORS ACROSS THE STREET THAT THEY DON'T HAVE TO LOOK AT SOMETHING THAT MAY BE HIDEOUS IN SOMEBODY ELSE'S BACKYARD THAT THEY SEE FROM THEIR FRONT YARD.
UM, SO THAT'S WHY WE'RE REQUESTING THIS, UH, PRETTY SIMPLE, PRETTY STRAIGHTFORWARD.
ALSO ON BROOKSHIRE CIRCLE, THERE'S NO SIDEWALKS.
UM, THERE'S NO, UM, UM, SPACES BETWEEN THE FENCING.
THE KIDS CAN RUN OUT THAT IT WOULD BE AN UNSAFE, UH, CRITERIA TO HAVE, UH, AN, UH, SOMETHING THAT WOULD BE BLOCKING THE VIEW AS THE FENCE APPROACHES THE DRIVEWAY THAT IS ON THE, BASICALLY THE INTERSECTION OF BROOKSHIRE CIRCLE AND BROOKSHIRE DRIVE, UH, IT MEETS THE FENCE, MEETS ALL THE CRITERIA FOR A LINE OF SIGHT.
SO WE'RE NOT ASKING FOR, UM, TO, UH, ENCROACH INTO LINE OF SIGHT, UH, REQUIREMENTS ON A DRIVEWAY OR, UH, UH, INTERSECTING,
[00:50:01]
UH, STREET.I, I SUSPECT THERE MAY, YES, THERE MAY BE.
I DIDN'T KNOW IF YOU WANTED TO ADDRESS THEM NOW OR AFTER EVERYBODY SPOKE.
SOMEBODY MAY HAVE A QUESTION DOWN THE ROAD THAT YOU'RE THE RIGHT PERSON TO ANSWER IN CASE YOU SHOULD COME BACK UP.
UH, ON OUR BRIEFING, UH, AT LEAST I WAS UNDER THE IMPRESSION THERE WERE TWO FRONT YARDS, NOT THREE, WELL, YOU HAVE THE FRONT OF THE HOUSE, YOU HAVE THE FRONT, THE SIDE OF THE HOUSE, AND YOU HAVE THE BACK OF THE HOUSE.
SO IT WAS, THERE'S FOUR SIDES TO A HOUSE.
THE ONLY PLACE THERE IS NOT CONSIDERED, ACCORDING TO THE CITY OF DALLAS, UH, FRONT YARD IS THEIR NEIGHBOR.
IF YOU'RE LOOKING AT RIGHT, 27 OR 72 17 BROOKSHIRE THE HOUSE TO THE RIGHT.
THAT'S THE ONLY PART OF THE, UH, PROPERTY THAT IS NOT CONSIDERED A FRONT YARD.
UM, ONE OF THE LETTERS INDICATES THAT THAT NEIGHBOR WAS YOU.
INITIALLY, MY ADDRESS IS 400 DONNELLEY COURT, SOUTH LAKE.
THAT INITIALLY THE DEVELOPER, WHICH I ASSUME IS YOU HAD BOTH SUBDIVIDED IT.
UM, I AM THE SWIMMING POOL CONTRACTOR.
UM, THIS HOUSE WAS STARTED UNDER ANOTHER GENERAL CONTRACTOR, WHICH, UM, THEY LEFT, UH, BEING THE GENERAL CONTRACTOR.
AND I TOOK OVER BEING THE GENERAL CONTRACTOR, PROBABLY THROUGH 95% OF THE HOUSE BEING COMPLETED.
SO I DIDN'T SHOW UP AS A GENERAL CONTRACTOR UNTIL, UM, THE END GAME OF THE HOME CONSTRUCTION.
SO, SO YOU ARE THE APPLICANT AS A REPRESENTATIVE OF THE PROPERTY OWNER? YES, SIR.
SO WHAT THE NEIGHBOR WOULD BE SAYING IS THAT THE PROPERTY OWNER, UH, UH, AND, AND THIS, IF, IF THERE ARE OTHER PEOPLE HERE, IF THE PROPERTY OWNER'S GONNA BE THE NEXT ONE TO SPEAK, OKAY.
THEN, THEN, UM, IN THAT CASE, I'LL, I'LL HOLD MY QUESTIONS.
WE ARE THE OWNERS OF 72 17 BROOKSHIRE DRIVE.
UH, I THINK MY POINTS ARE, ARE PRETTY SHORT.
UH, WE PROVIDED TO THE BOARD SIMILAR FENCES IN OUR NEIGHBORHOOD, SOME WHICH ARE 10 FEET TALL, UH, WITHIN LESS THAN A MILE.
OUR PLACEMENT ALSO ON BROOKSHIRE DRIVE.
I HOPE THOSE PICTURES GOT TO YOU ALL.
HAVE YOU, HAS ANYONE SEEN THEM? I HAVE NOT.
WHO DID THEY GO THROUGH? UH, HOW MANY COPIES DO YOU HAVE? DO WE NEED TO, UH, SUSPEND OUR RULES FOR THIS? DO, DO WE NEED TO? OKAY, WELL, LET'S, LET'S, LET'S DO IT.
UH, I MOVE THAT THE BOARD OF ADJUSTMENTS SUSPEND OUR RULES OF EVIDENCE TO ALLOW FOR HOW MANY PAGES PER ALLOW FOR ONLY ONE SET OF THREE PAGES TO BE SUBMITTED TO THE BOARD.
THEY, THEY WERE EMAILED OVER WEEKS AGO.
UH, I CARE ABOUT THAT, BUT I WANT TO, UM, WE HAVE A SECOND.
YOU, YOU EMAILED THIS TO WHOM? WHEN? WHO THIS TO? MS. BARCO.
YOU KNOW, WHEN THE LAST ONE WAS ME? THIS PAST WEEKEND? WAS IT BEFORE THE 20? UH, THE 12TH OF JUNE.
SO THAT, SO THAT'S WHY I DIDN'T MAKE HER TALK, UM, UH RIGHT.
ANY EMAIL THAT I RECEIVED, I FORWARD THEM TO, UM, THE SENIOR PLANNER.
SO CAN YOU TELL ME THE NAME? THE EMAIL, UH, CAME FROM, I'M SORRY, NOW THAT YOU'RE SPEAKING, YOU SHOULD COME UP AND, AND GIVE YOUR NAME AND ADDRESS.
YOU HAVE, YOU'RE ON OUR TIME, DON'T WORRY.
WHAT IS IT? PLEASE GIVE YOUR NAME AND ADDRESS.
SO, UH, JUST FOR THE, FOR THE RECORD, WE'LL REPEAT, YOU SAID YOU
[00:55:02]
THAT, THAT YOU EMAILED AT SOME POINT TO MS. BARKIN? YES.WE EMAILED PICTURES OF FENCES.
YEAH, PICTURES OF FENCES AND ALSO, UM, UH, THE LITTLE SURVEY WE SENT OUT AND ASKING NEIGHBORS TO YAY OR NA DO THE, THAT WELL, LET'S MAKE NO, I DO BELIEVE WE HAVE THIS.
SHE, YOU, WELL, WHAT, WHAT SHE GAVE YOU, I ASSUME.
NO, WHAT SHE GAVE US HERE ARE PICTURES OF THREE FENCES IN THE NEIGHBORHOOD.
YOU'LL PROBABLY HAVE TO WALK US THROUGH WHERE THEY ARE.
MS. BRIT, THE, UM, THEY EMAILED THAT TO DIANA ON MONDAY.
WE WERE CLOSED AND SHE FORWARDED TO ME THE FOLLOWING DAY, WHICH IS ON THE 20TH, MONDAY THE 19TH.
SO THAT WAS AFTER THE DOCKET WAS ALREADY CLOSED.
AND WHAT I PROVIDED TO YOU EARLIER IS THE SURVEY THAT THEY SENT OUT TO THEIR NEIGHBORS.
AND I'M CONFIDENT I'VE SEEN THAT, BUT NOT, NOT THE PICTURES THAT I JUST SAW.
IS THAT TRUE OR DID I I'M, THAT'S RIGHT.
SO THANK YOU FOR CLEARING THAT UP.
SO IF, IF YOU COULD WALK US THROUGH WHAT YOU GAVE US, I APPRECIATE WHAT WE, WHAT I GAVE YOU ARE PICTURES OF SIMILAR FENCES IN OUR IMMEDIATE NEIGHBORHOOD.
SOME WHICH GO RIGHT TO THE CURB, SOME GO RIGHT TO THE SIDEWALK, SOME ARE 10 FEET TALL.
AND I HAVE ANOTHER DOZEN OR SO THAT I COULD PROBABLY SEND YOU PICTURES OF HOMELAND BERKSHIRE, RATHER HAVE A 10 FOOT FENCE ON WHAT IS CONSIDERED A FRONT, FRONT YARD LOT.
AND THEY ARE RIGHT ON THE SIDEWALK.
SO THAT MICROPHONE, I'M SORRY.
SO TRYING TO, IS IT ON? IS THE LIGHT'S ON? ALL RIGHT.
SO WHAT I SUBMITTED IS A SERIES OF PICTURES OF THREE SAMPLES RATHER THAN BURDEN THE COMMITTEE WITH A DOZEN OR MORE THAT I CAN HAVE OF BOTH FENCES THAT ARE RIGHT ON THE CURB THAT ARE LESS THAN 10 FEET FROM THE CURB IN OUR NEIGHBORHOOD.
SO THE POINT BEING A SIX FOOT FENCE ON OUR PROPERTY IS VERY WELL IN KEEPING WITH WHAT'S CURRENT IN OUR NEIGHBORHOOD AND WHAT OTHER HOMEOWNERS HAVE DONE.
SO WE HAVE ORCHID LANE, ROYAL LANE, AND FOREST GLADES CIRCLE WITHOUT THE BENEFIT OF A MAP.
UM, BUT I DON'T KNOW WHERE THESE OTHERS ARE.
IF YOU THINK ABOUT BROOKSHIRE DRIVE.
HILL TRIER DRIVE GOES KIND OF HEADING WEST.
YOU GO PAST OUR HOUSE AND NEXT STREET ON THE RIGHT HAND SIDE IS ORCHID LANE.
YOU TURN RIGHT ON THAT AND ORCHID LANE GOES INTO HILLCREST.
SO THE PICTURE ON ORCHID LANE IS ON THE CORNER OF ORCHID LANE AND HILLCREST.
SO LET'S LOOK AT 69 0 7 ORCHID LANE.
HOW TALL IS THAT FENCE? UM, I'M TRYING TO REMEMBER.
I'VE TAKEN SO MANY PICTURES OF THOSE.
THAT FENCE IS SIX FEET, IF NOT EIGHT FEET.
CAN YOU SEE WHAT I'M DOING OVER THERE? CAN YOU SEE ON THE SCREEN WHAT THIS IS THE ONE I'M HOLDING? YES.
THAT ONE'S, THAT ONE'S SIX FEET.
AND THAT IS, YOU CAN SEE THE CURB.
IT FACES ANOTHER HOUSE AND THEN THERE'S A GRASS STRIP OF MAYBE TWO FEET WITH SOME SCRUBS IN IT.
IF YOU THINK ABOUT WHERE OUR HOUSE IS LOCATED, ST.
MICHAEL'S AND BODECKER TEE INTO ROYAL LANE.
I DO KNOW IF YOU CAME FROM BROOKSHIRE, TOOK A LEFT AND WENT DOWN ROYAL LANE TOWARDS HILLCREST.
THIS IS ON THE LEFT HAND SIDE BEFORE YOU GET TO HILLCREST ON ONE OF THE STREETS.
SO IT'S A VERY NEAR NEIGHBOR TO US, AND IT'S A PATIENTLY CONSTRUCTIVE HOUSE.
AND HERE THERE ARE ACTUALLY TWO FENCES.
ONE LOOKS TO BE PROBABLY FOUR FEET.
AND THE OTHER, IF THAT'S FOUR FEET IS PROBABLY SIX AND A HALF, THAT'S SIX AND A HALF OR SEVEN FEET.
THAT'S THE, THAT IS THE, THE OTHER STREET THAT'S A FOREST.
SO THAT IF YOU, BEFORE YOU GOT BEFORE ORCHID, IT'S HILLCREST, YOU TAKE A RIGHT ON FOREST GLEN.
SO IT'S AN, AGAIN, THE WALKING DISTANCE FROM OUR HOUSE AND THAT HAS A VERY TALL FENCE.
THAT'S A STATEMENT IN THE BACKYARD.
GUYS, DO YOU ANYBODY FURTHER? YES, PLEASE.
WE'RE GONNA KEEP THESE FOR THE RECORD.
WE BOUGHT WHAT WAS LEFT, SCRAPED
[01:00:01]
IT AND BUILT A NEW HOUSE TO REPLACE THAT HOUSE.WE HAD A POOL, NOT EXACTLY IN THE SAME PLACE.
BASICALLY THE NEIGHBORHOOD AROUND US, MOST OF THE HOUSES HAVE POOLS OVERLOOKING AT A POOL AND KEEPING WITH THE NEIGHBORHOOD AND THEN KEEPING OUR LOT WITH THE NEIGHBORHOOD.
WOULD LIKE A POOL TO HAVE A FENCE PRIVACY.
AND YOU KNOW, THE BIGGEST THING THERE IS WE WANT PRIVACY AND WE ALSO WANT SAFETY.
WE DO NOT WANT TO BE RESPONSIBLE FOR SOMEBODY JUMPING OVER A FOUR FOOT FENCE DROWNING IN OUR POOL OR OR HAVING ISSUES.
AND THE CITY OF DALLAS REQUIRES A SIX FOOT FENCE FOR POOL.
SO THAT'S WHAT WE'RE ASKING FOR.
SO THOSE ARE MY THREE SUMMARY POINTS.
WE'RE HAPPY TO ASK, ANSWER ANY MORE QUESTIONS ABOUT, UH, THE POOL A LOT, THE FENCE, I THINK WE GAVE YOU DETAILED PICTURES OF WHAT THE FENCE WOULD LOOK LIKE AND WHERE IT WOULD BE.
YOU WERE PROBABLY THE RIGHT PERSON TO TALK TO.
YOU HAVE QUESTIONS, BUT THEN I'LL GO LAST, BUT SEEING NONE, LET ME, WE START.
ONE OF THE OPPOSITION LETTERS INDICATES THAT YOU MAY HAVE BOUGHT WHAT IS NOW TWO LOTS AND SUBDIVIDED IT.
NO, WE BOUGHT THE LOT THAT WE'RE ON MM-HMM.
WE FLIPPED THAT CONTRACT TO THE HOME BUILDER WHO THEN BUILT THAT HOUSE.
SO WE WERE NEVER IN THE CHAIN OF TITLE OF THAT ADJOINING LOT.
THOSE TWO LOTS HAVE NOT CHANGED AT ALL.
THEY BOTH, THEY EACH HAD A HOUSE ON IT BEFORE THE TORNADO.
AND WHAT WAS REBUILT WITH JUST TWO NEW HOUSES ON THOSE TWO LOTS.
OKAY, SO THIS ONE, OKAY, SECOND WAS THE, THE WA WAS THE PERMIT FOR THE POOL ISSUED AN ERROR.
I READ MAYBE MS. MARK, UH, YES.
THAT PERM, THAT POOL IS ISSUED IN ERROR.
THAT'S WHY EARLIER I'VE MENTIONED IT'S A SEPARATE ISSUE THEY HAVE TO TAKE CARE OF.
SO THAT'S A BO BO NO, I MEAN, WHAT THE, THE, THE POOL HAS TO GO THROUGH, UM, PLATTING.
THEY HAVE TO GO THROUGH SUBDIVISION, UM, TO TRY TO RECTIFY THAT ISSUE.
UM, BUT YES, IT WAS PERMITTED IN ERROR BECAUSE OF THE, UM, I'M NOT MAKING EXCUSES, BUT BECAUSE OF THE SETBACK REGULATION IN OUR CODE, THERE WAS A DIFFERENT INTERPRETATION, WHICH, WHICH WAS EASY TO, TO MIX UP AT TIMES.
UM, BUT THE CHIEF PLANNER JUST, UM, RECENTLY STATED THAT THEY ARE BOTH FRONT YARDS AND THAT'S HOW WE'RE GONNA BE TREATING THEM.
SO THAT'S WHY THAT PERMIT IS NOW AN ERROR.
THERE'S PROBABLY A TIME TO COME BACK TO THIS.
I'D LIKE TO UNDERSTAND WHERE WE FIT INTO THAT PROCESS, BUT THAT'S PROBABLY FOR OUR DISCUSSION AFTER THE APPLICANT.
UM, I, I PRESUME YOU HAVE READ THE OPPOSITION LETTERS.
WE DIDN'T RECEIVE ALL THE OPPOSITIONAL.
WE GOT SOME OF THEM, SOME OF THEM FROM THE SAME PEOPLE.
UM, ONE OF THE LETTERS MENTIONS DEED RESTRICT.
TELL ME ABOUT ARE THERE DEED RESTRICTIONS? UM, THERE ARE, LET'S JUST START, ARE THERE DEED RESTRICTIONS AND WHAT ARE THEY, DO THEY AFFECT THIS? THERE ARE DEED RESTRICTIONS FOR THE GREATER AREA, UH, OF OUR HOUSE AND HOW THOSE, EVEN NORTH OF ROYAL LANE, UH, THE DEED RESTRICTIONS APPLY TO DIFFERENT THINGS.
I DON'T HAVE THEM WITH ME, UM, BUT I DO.
BUT THE ROYAL LANE HOUSE, AS AN EXAMPLE, IS SUBJECT TO THE SAME DEED RESTRICTIONS.
AND IT HAS A FENCE THAT IS, YOU KNOW, RIGHT ON THE SIDEWALK.
AND BY DEED RESTRICTIONS THAT THEY ONLY MEAN PD.
THEY LITERALLY RUNS WITH THE LAND.
EACH INDIVIDUAL PROPERTY HAS A DEED RESTRICTION.
YOU GUYS HAVE, YOU'RE ON MY TIME.
UM, PRIVATE RESTRICTIVE, I'M JUST GONNA READ THIS FOR EVERYTHING.
ON SEPTEMBER 9TH, 1954, PRIVATE RESTRICTIVE COVENANTS AND DEED RESTRICTIONS WERE FILED THAT GOVERNED ALL THE PROPERTIES LOCATED IN THE HILLCREST HAVENS EDITION SECOND INSTALLMENT.
I'M GONNA ASSUME THAT THAT'S WHERE THIS PROPERTY IS.
IN 2007, THE ORIGINAL DEED RESTRICTIONS WERE AMENDED THROUGH THE AMENDMENT TO DEED RESTRICTIONS
[01:05:01]
TO THE HILLCREST HAVENS ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS AMENDMENT AND CORPORATE.THE AMENDMENT PROVIDES ITS FOLLOWS, ONE, TWO, AND THREE.
EACH DWELLING CONSTRUCTED REPLACEMENT AND SET EDITION EXCLUSIVE OF OUTBUILDING SHALL BE CONSTRUCTED OF BRICK, BRICK VENEER STONE OR STONE VENEER.
AND ALL DWELLINGS MUST BE PLACED ON THE LOT AS TO FACE THE STREET TO WHICH THE LOT FACES.
NO FENCE SHALL BE PERMITTED TO EXTEND NEARER TO ANY STREET THAN THE FRONT LINE OF THE IMPROVEMENTS.
AS HEREIN PROVIDED THE PROPOSED FENCE AND CURRENT WOODEN FENCE, LONG BRIDGE IS IN VIOLATION OF THE BEAD RESTRICTIONS.
UH, VICE CHAIR SOMETHING, ARE THOSE PRIVATE DEED RESTRICTIONS OR ARE THEY WITH THE CITY OF DALLAS? PRIVATE RESTRICTIVE COVENANTS AND DEED RESTRICTIONS.
SO THEY'RE NOT SIGNED BY OUR CITY ATTORNEY BECAUSE YEAH, WE DON'T, CAN I SEE 'EM? CAUSE I HAVEN'T SEEN THEM.
I CAN AND I'M PERHAPS THE PERSON WHO WROTE THIS LETTER IS HERE.
I DON'T SEE, LET ME JUST GIVE YOU WHAT I'M READING SO YOU CAN LEAST KNOW.
SO WHAT, WHAT MS.
THAT IS MY UNDERSTANDING BEYOND THE SCOPE OF MY KNOWLEDGE.
I I HAVE NO FURTHER QUESTIONS.
I CAN'T EVEN REMEMBER WHETHER I INTERRUPTED YOU.
DID I? SO NO, I, I JUST, YOU KNOW, AGAIN, THE THREE BASIC POINTS, SIMILAR FENCES THERE, OUR POOL OF THE NEIGHBORHOOD, WE NEED TO PROTECT IT.
THE PRIVACY AND THE SAFETY IS PROBABLY THE BIGGEST CONCERN THAT WE HAVE.
CAUSE WE DON'T WANT SOME CHILD HOPPING A FENCE DROWNING IN OUR POOL IF WE'RE NOT IN TOWN OR WHATEVER, OR WE'RE TRYING TO BE GOOD CITIZENS FROM THAT SAME POINT.
ARE THERE, MR. MILLER? UH, MR. KOFF, I HAVE JUST A COUPLE QUESTIONS ON THE FENCE HEIGHT.
AM I UNDERSTANDING THAT THE, UH, 10 FOOT HEIGHT IS GONNA GO TO THE CIRCLE END? IS THAT CORRECT? NO, THE, THE MAX HEIGHT ON THE FENCE WOULD BE SIX FEET.
THERE ARE OTHER HOUSES WITH 10 FOOT FENCES IN OUR NEIGHBORHOOD.
THE, UH, HOUSE WAS THERE PREVIOUSLY.
WHAT, WHAT WAS THE FENCE SITUATION THERE? IT HAD A, A FENCE OF SOME KIND.
THE HOUSE WAS IN VERY BAD CONDITION WHEN WE BOUGHT IT.
SORRY, THE TORNADO WASN'T KIND TO IT.
WA WAS THAT, DO YOU, DO YOU KNOW THE HEIGHT OF THE PREVIOUS FENCE? I DO NOT.
WHETHER IT WAS SIX FEET OR IT WAS, YOU KNOW, THERE WAS A GATE THAT WAS THERE.
SO WHETHER THAT WAS SIX FEET OR FIVE FEET OR WHATEVER, I DON'T RECALL.
WAS THE HOUSE SITUATED? EXCUSE ME, IN THE SAME WAY? NO, IT WAS NOT.
UH, THE HOU THE ORIGINAL HOUSE HAD ITS FRONT DOOR FACING BROOKSHIRE CIRCLE.
WE FLIPPED THE, WE FLIPPED THE HOUSE AS IT SITS TO HAVE THE FRONT DOOR FACING BROOKSHIRE DRIVE THAT JUST LAID THE HOUSE AND THE LOT OUT BETTER.
AND WE PUT THE, THE POOL IN THE BACKYARD.
WE JUST THOUGHT THAT WAS MORE INTERESTING AND INTERESTING ON BROOKSHIRE DRIVE, JUST DOWN FROM US, THERE'S A HOUSE WITH A POOL IN THE FRONT YARD AND THEY HAVE A SIX FOOT FENCE, YOU KNOW, RIGHT ON THE FRONT OF THEIR HOUSE AND A POOL THERE? YES.
IT'S, IT'S A QUARTER, QUARTER.
IT'S ONE DOWN FROM AND ORCHID, I DUNNO IF YOU HAVE THE AERIAL.
UH, WHAT I REALLY HAVE IS, IS JUST THE, UH, THE NOTICE AREA.
SO IF IT'S OUTSIDE OF THAT, I, I, I'M LIMITED BY, WE'RE NOT ALLOWED TO GOOGLE THINGS IN PREPARATION, SO RIGHT.
BUT WE LITERALLY ONLY HAVE WHAT WE'RE GIVEN WHAT, WHAT WE RECEIVED WHEN WE RECEIVED
[01:10:01]
A GOOGLE GOOGLE PICTURE THAT HAD THE BLUE OUTLINE OF THE HOUSE AND THE NEIGHBORHOOD.AND THAT SHOWS YOU MOST OF THE POOLS IN THE NEIGHBORHOOD.
IT APPEARS THAT THIS PICTURE WAS, WELL, IT SAYS 5 25 OF OH THREE, BUT THIS AERIAL HAS NO HOUSES ON EITHER LOT.
GUYS, I'M WILLING TO HAND THIS TO YOU.
IF THERE ARE NO HOUSES ON THAT LOT, THAT HAD TO BE AFTER THE HOUSE WAS DEMOLISHED, WE, AS YOU SEE FROM THE PICTURE, WE DO FRONT AN AWFUL LOT OF HOUSES ON BROOKSHIRE DRIVE AND BROOKSHIRE CIRCLE.
WE HAD A LOT OF PEOPLE TO TALK TO AND WE DID GET NINE POSITIVE RESPONSES IN SUPPORT OF OUR POOL FROM OUR NEIGHBORS.
THERE ARE OBVIOUSLY PEOPLE HERE IN OPPOSITION WISH TO SPEAK, BUT WE HAD NINE POSITIVE FOLKS IN FAVOR.
AND SOME OF THOSE DIDN'T GET TO YOU ALL TO THE DISTRIBUTION BECAUSE THEY CAME IN LATER.
SO, WELL, WE SHOULD STILL GET THEM.
JUST FOR THE RECORD, THIS IS A PHOTO.
IT'S TAKEN APPARENTLY AFTER BOTH HOUSES WERE RAISED, AND YOU'LL SEE ON PAGE 92 IN THE BOTTOM RIGHT PART OF OUR, OF THIS LOT, THE OLD POOL.
NOW, YOU SAID THERE ARE LETTERS IN SUPPORT THAT WE DON'T HAVE? NO.
THESE ARE THE ONES THAT CAME IN THAT MS. BRIDGES.
OH, WE, WE EMAILED ALL OF THEM EARLIER OVER THE LAST SEVERAL WEEKS WHEN WE CAME IN AND WE FOUND OUT THAT YOU ONLY HAD FIVE ON RECORD.
WE GAVE OUR HARD COPIES TO HER AT LUNCHTIME.
MS. BRIDGES GAVE THOSE TO US AT LUNCH, SO, OKAY.
JUST WANTED TO MAKE SURE THAT THE, THE COUNT WAS CORRECT.
OTHER QUESTIONS? I, I'M SORRY IF THIS HAS BEEN ADDRESSED, BUT JUST I WAS WONDERING IF YOU COULD SPEAK TO THE, UH, VISIBILITY OR THE SAFETY OF PEDESTRIANS, THE VISIBILITY OF ALONG.
THINK THAT THAT'S A LETTER, THAT'S SOMETHING THAT'S BEEN RAISED IN NUMBER OF THE LETTERS, I THINK.
IF YOU LOOK AT BROOKSHIRE CIRCLE, IF BROOKSHIRE CIRCLE, THERE'S THAT BACK PIECE.
UH, THIS WOULD HAVE A 10 FOOT GRASS SECTION THAT STARTS AFTER OUR DRIVEWAY, THAT GOES ALONG BROOKSHIRE CIRCLE ON THE OTHER SIDE OF THE STREET, THERE IS ALSO NO SIDEWALK ON EITHER SIDE AND THERE'S GRASS EASEMENTS, ET CETERA, WHERE PEOPLE COULD WALK.
SO WE, WE MET ALL OF THE REQUIREMENTS FOR THE BUTTE CORRIDOR, FOR THE DRIVEWAY TO BE ABLE FOR PEOPLE TO SEE.
SO IF THE CAR WAS COMING OUTTA THE DRIVEWAY, THAT SOMEBODY WOULD HAVE THAT CORRIDOR IN ORDER TO SEE IT.
SO WE FOLLOWED THE CODE ON THAT.
SO WE DON'T, WE UNDERSTAND THE CONCERN, BUT WE THINK GIVEN THE WAY THE STREET WAS BUILT, AND IT'S NOT HUGE FOR, THERE SHOULDN'T BE A PROBLEM FOR SAFETY FOR PEOPLE WALKING THEIR DOGS OR RIDING BIKES, ET CETERA.
ARE THERE OTHER SPEAKERS IN SUPPORT? NO, THE SIR.
YOU'LL GET A FIVE MINUTE REBUTTAL.
UM, ARE THERE SPEAKERS IN OPPOSITION? UH, WE HAVE THREE PRESENT AND ONE ONLINE.
UH, YOU WANNA SWEAR IN AT LEAST THOSE PRESENT WHILE WE'RE, UM, THEY WERE ALL SWEARING.
OH, YOU'VE ALREADY, OH, THAT'S HOW, YOU KNOW.
UH, EXCEPT, UM, WHEN THE MS. LAVENDER, WHEN SHE GETS ONLINE, I WOULD NEED TO SWEAR HER IN.
SO YOU, UH, GO AHEAD AND CALL THE, UH, WITNESS.
MS. JENNIFER LAVENDER IS SH ARE YOU ONLINE? UH, YES, I AM.
I NEED YOU TO TURN IN YOUR VIDEO, PLEASE.
UH, SEE, DO YOU SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE SAY I DO.
[01:15:01]
ADDRESS BEFORE PROCEEDING.I'M OH, GO, GO AHEAD AND SPEAK.
WELL, I MEAN, BASICALLY, UH, ACROSS FROM MY, MY HOUSE IS DIRECTLY ACROSS THE STREET FROM THESE, UM, THAT USED TO FACE TOWARDS ME, AND NOW THEY'VE BEEN FLIPPED THE OTHER DIRECTION AND THERE'S A VERY UNATTRACTIVE FENCE.
UM, IT ALSO MAKES TURNING AROUND THE CORNER, UM, DIFFICULT ON ONE SIDE.
THESE ARE, ARE FRONT YARDS THAT NOW HAVE FENCES IN FRONT.
I KNOW THE HOUSE HE'S TALKING ABOUT ON BERKSHIRE WITH THE POOL IN THE FRONT AND THE FENCE IN FRONT.
I THINK WE ALREADY ESTABLISHED THAT HAVING A RULING IN THE PAST DOESN'T SET PRECEDENT FOR FUTURE DECISIONS.
I WOULD APPROVE, OPPOSE THAT HOUSE AS WELL.
I THINK IT, IT ABSOLUTELY IS GARISH IN THE NEIGHBORHOOD.
UM, THE ISSUES WHERE WE HAVE, WE WANT CONSISTENCY WITH THE FENCE NEXT DOOR.
YEAH, THERE'S ALREADY A FENCE.
THAT'S ONE HEIGHT AT THE ONE HOUSE, AND NOW THEY'RE ASKING TO PUT A FENCE TALLER NEXT TO IT.
UH, THERE'S SOMEBODY ELSE, EXCUSE ME, IF, IF SOMEBODY ELSE IS BACK THERE, UH, WE NEED TO SWEAR THEM IN AND SEE MY FACES.
IT'S MY MOTHER CURRENT, ALSO RESIDENT.
DO YOU MIND US SWEARING YOU IN? NOT AT ALL.
DO YOU SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE SAY I DO.
PLEASE SAY YOUR NAME AND ADDRESS PLEASE.
MY, I LIVE AT 2247 MONTEGO PLAZA, DALLAS, TEXAS 75 2 30.
NOW YOU'RE BOTH SWORN IN AND AS LONG AS YOU'RE BOTH STAY ON CAMERA, THE STATE LEGISLATURE WILL APPROVE.
UM, THE THERE 71 2 72 25 BROOKSHIRE CIR UH, DRIVE, WHICH USED TO FACE BROOKSHIRE CIRCLE HAS ALREADY ERECTED A FOUR FOOT FENCE, WHICH IN FACT JUST THIS WEEK, THEY STAINED DARK WALNUT COLOR.
UH, 7 2 1 7 BROOKSHIRE DRIVE, WHICH IS THE HOUSE THAT IS THE APPLICANT.
THEY ARE WANTING TO PUT A SIX FOOT FENCE, WHICH WOULD A BUTT AND CONTINUE THE FENCING ACROSS THE STREET FROM MY DAUGHTER'S HOME.
IT WOULD GO FROM FOUR FEET TO SIX FEET.
I HAVE SENT IN A VERBIAGE DOCUMENT, A WORD DOCUMENT, AND PHOTOS OF THE FOUR FOOT FENCE AND THE BACKSIDE OF THIS HOUSE.
AND, UH, YOU SHOULD HAVE THEM.
COULD YOU TELL ME WHAT I YEAH, YOU ARE LOOKING, YOU ARE LOOKING BASICALLY NOT AT YOUR APPLICANT'S HOME, BUT AT 72 25, WHICH ALREADY HAS ERECTED THE FOUR FOOT FENCE ACCORDING TO YOUR APPLICANT'S TESTIMONY EARLIER.
72 25 IS NOT IN OUR NOTICE AREA, SO I DON'T KNOW WHERE IT IS.
THAT'S THE HOUSE NEXT DOOR TO YOUR PETITIONER NEXT DOOR.
HOW COME IT'S NOT ON THE NOTICE AREA? UM, AND THEY MAY STILL BE USING THEIR BROOKSHIRE CIRCLE ADDRESS.
THEY MAY BE STILL USING THEIR, THEY HAVE THE NUMBER.
IT'S THE ONE THAT WAS KNOCKED DOWN BY THE TORNADO.
THAT IS THE LOT THAT I SHOWED THE PICTURE OF, WHICH USED TO FRONT TO DR.
BERKSHIRE CIRCLE, BUT WAS FLIPPED TO BROOKSHIRE DRIVE, AND IT'S IN DEC AD AS 72 25 NEXT DOOR TO YOUR PETITIONER'S PROPERTY.
IT, THERE ARE ONLY TWO HOUSES ON THAT LITTLE ISLAND OF LAND.
AND SO WHAT MY POINT WAS IS THAT YOU'RE NOT LOOKING AT THE BACK OF YOUR PETITIONER'S HOUSE.
ONE OF MY OTHER PICTURES INCLUDES THAT HOUSE AND FOUR FOOT IS NO, WE ONLY HAVE ONE OTHER.
WELL, YOU'LL SEE THAT HOUSE ON THE RIGHT HAND SIDE OF, AS I'M LOOKING AT THAT PHOTO, THE ONE THAT HAS NO FENCE, THAT'S YOUR PETITIONER'S BACKSIDE OF THEIR HOUSE.
[01:20:01]
THERE'S THAT, MY PICTURE SHOWS THE FOREFOOT FENCE ON THE NEIGHBOR'S PROPERTY AND THE LACK OF ANY FENCE AND THE SIX OR EIGHT FOOT POLES THAT THEY'RE GONNA RUN A FENCE DOWN BETWEEN THEM AND THE NEIGHBOR PROPERTY.AND THEY ARE ASKING YOU TO ALLOW THEM TO ERECT A SIX FOOT FENCE ALONG BROOKSHIRE CIRCLE STREET WITH A 10 FOOT SETBACK.
WAIT A MINUTE, I'VE GOT BROOKSHIRE CIRCLE AND BROOKSHIRE DRIVE.
I DO NOT HAVE BROOKSHIRE CIRCLE STREET.
WELL, I'M SORRY, I PROBABLY SAID THESE STREET, BERKSHIRE CIRCLE IS LIKE A HORSESHOE THAT RUNS BESIDE AROUND AND RECONNECTS TO BROOKSHIRE DRIVE.
AND IT ONLY IN THAT INNER ISLAND OF LAND HAS TWO LOTS.
ONE IS YES, 72 17 AND ONE IS 72 25.
SO MY PICTURE SHOWS THE BACKSIDE THAT SECOND ONE YOU HELD UP THIS BACKSIDE OF 72 17, WHERE THEY'RE ASKING FOR THE TWO FOOT EXCEPTION TO THE RESTRICTION OF FOUR FOOT HEIGHT.
SO TO BE CLEAR, THIS WOODEN FENCE THAT YOU HAVE SHOWN US IN THE PICTURE IS FOUR FEET.
THAT'S, I EYEBALLED IT, IT LOOKS LIKE FOUR FEET TO ME, AND IT'S NO MORE THAN FOUR AND A FEW INCHES PERHAPS.
AND IT ALREADY EXTENDS, I WOULD ESTIMATE 120 FEET LINEARLY ALONG BROOKSHIRE CIRCLE STARTING ABOUT 40 FEET IN FROM BROOKSHIRE DRIVE AND CONTINUING AROUND THE ARC OF THE CIRCLE AROUND THAT ENTIRE LOT OF 72 25 UNTIL IT ABUTS 72 17, WHERE YOUR PETITIONER IS ASKING TO ERECT A SIX FOOT FENCE AND RUN IT ALONG THE SIDE OF BROOKSHIRE CIRCLE BACK AROUND THE ARC AROUND THE HORSESHOE TO BROOKSHIRE DRIVE.
I DON'T KNOW, THEY'LL PROBABLY STOP WHERE THEIR DRIVEWAY IS OR SOMETHING LIKE THAT.
IT WILL BE AN, UM, A VISUAL BLOCK.
UH, THE, APPARENTLY THE POOL SHOULDN'T HAVE EVEN BEEN PUT IN THERE.
IT PERHAPS SHOULD HAVE BEEN MADE TO BE IRON LIKE THE FRONT OF 72 20 FIVES.
THERE ARE A LOT OF DIFFERENT THINGS THAT ARE POSSIBILITIES.
HOWEVER, THE ONE THING THAT WE ARE HERE TO DISCUSS IS A TWO FOOT EXCEPTION TO THE FOUR FOOT RESTRICTION.
MAY I ASK A QUESTION? YES, SIR.
UM, YOUR LAST POINT WAS VERY SALIENT.
ALL WE'RE TALKING ABOUT IS WHETHER THERE'S, THERE'S TWO FEET.
CAN YOU EXPLAIN WHY IT WOULD BE CONTRARY TO THE NEIGHBORHOOD, UH, IN YOUR OPINION FOR THE WHAT, WHAT'S THE IMPACT OR DIFFERENCE TO YOU OF THOSE TWO FEET KNOWING THAT THEY WITHOUT ANY PERMISSION, CAN DO THE FOREFOOT FENCE THAT IS IN THE PICTURES THAT YOU SHOW? WHO'S ASKING THIS QUESTION? WHO'S, WHO'S MY QUESTIONER? THAT IS MR. SLADE, WHO AS A MEMBER OF THE BOARD OF ADJUSTMENT, IS ENTITLED TO ASK QUESTIONS OF THE INDIVIDUALS.
NO, BUT I'M SPEAKING YOU DON'T HAVE YOUR CAMERA STRAIGHT ON.
I JUST WONDERED IF IT WAS THE PETITIONER AND HIS SEE THAT GUY WAVING LIKE AN IDIOT.
REPEAT YOUR QUESTION, SIR, IF YOU WILL.
UH, I NOTED YOUR POINT WAS VERY SALIENT ABOUT ALL WE ARE HERE TO DO IS DECIDE WHETHER TO ALLOW THEM TO GO FROM A FOUR FOOT FENCE WHERE THEY'RE LOOKING TO BUILD SOMETHING TO A SIX FOOT HEIGHT FENCE, WHICH THEY HAVE INDICATED THEY'RE LOOKING TO DO PRIMARILY FOR SAFETY PURPOSES BECAUSE OF THE POOL, WHICH YES, WE'LL PUT THE POOL TO THE SIDE AS A SEPARATE FENCE.
I AM ASKING YOU, SINCE OUR STANDARD IS WHETHER IT IS, UM, WHETHER IT WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY TO ALLOW THESE TWO ADDITIONAL FEET OF FENCE, WHAT THE DIFFERENCE IS IN, IN YOUR OPINION, BETWEEN THE FOUR FEET AND THE SIX FEET.
THE REASON I MADE THAT POINT WAS I THOUGHT THAT'S WHAT WE WERE HERE TO DISCUSS AND FROM THE PETITION, AND I UNDERSTAND THAT IS THE CASE, THAT THAT'S WHAT WE'RE HERE TO DISCUSS.
I THINK THAT AN ADDITIONAL TWO FEET WILL MAKE THE FENCE, WHICH ARISES SOME 50 FEET IN FRONT OF MY DAUGHTER'S FRONT DOOR, EVEN MORE UNATTRACTIVE AND OFFENSIVE
[01:25:01]
THAN THE FOREFOOT HEIGHT.I'M NOT IN FAVOR OF A FOREFOOT FENCE.
I THINK IT SHOULD BE A FRONT YARD.
AND THE HOUSES HAVE BEEN ORIENTED THE WAY THEY WERE BUILT AND WERE WERE PRIOR.
BUT THAT'S, THAT IS A MOOT POINT AT THIS STAGE.
I THINK THAT TO GO FROM FOUR FEET TO SIX FEET WILL BE EVEN MORE UNATTRACTIVE THAN CONTINUING A FOUR FOOT FENCE ALONG THE ARC OF BROOKSHIRE CIRCLE ACRO 50 FEET ACROSS THE STREET, 50 FEET FROM THE FRONT DOORS OF THE HOUSES THAT FACE BROOKSHIRE CIRCLE THAT ARE ON THE NORTH SIDE, FACING SOUTH AND FACING THE BACKS OF THESE HOUSES WHERE THEY USED TO FACE THE FRONTS.
BEFORE WE, UH, UH, UH, CALL THE NEXT SPEAKER, LET ME ASK QUICK, UH, ON PAGE 1 0 3, DO YOU SEE THIS FENCE AS SOLID OR SLATTED SUCH THAT, LIKE, WOULD IT PASS OUR O OPACITY RULES? NO.
OH, THE ONE, THE FENCE THAT THEY'RE PROPOSING IS BEHIND THE ONLY FROM THE PROPERTY LINE, FIVE FEET.
ANYTHING WITHIN THAT WOULD BE PART OF THE OPACITY REQUIREMENT.
THEY'RE AT THE 10 POINT, EVEN IF IT'S OVER FOUR FEET? YES.
BECAUSE THAT ONLY APPLIES TO THE FIF, UM, TO THE, FROM THE PROPERTY LINE TO FIVE FEET.
ANYTHING WITHIN THERE, UM, THEN THAT WOULD, THE 50% OPACITY WOULD HAVE TO BE, UM, SO NO MATTER HOW TALL OR OKAY.
I COULD SHOW YOU THE REGULATION IF YOU LIKE.
AND I KNOW I ASKED THAT BEFORE, BUT YEAH.
UM, NEXT SPEAKER IN OPPOSITION, SUSAN WHITE.
MY FAMILY AND I LIVE AT SEVEN.
UH, LET'S SEE, 70 SEVENS GOING AROUND.
UH, SO WE LIVE ACROSS THE STREET FROM THE APPLICANT.
I PRINTED OUT SEVEN COPIES OF THE REGULATIONS FROM BOARD MEMBERS.
HOW MANY, UH, BY ANY CHANCE, DO, DO YOU HAVE FIVE COPIES OF THOSE SEVEN PAGES? NO, NO PAGE.
I MOVE THAT, UH, THE BOARD OF ADJUSTMENTS SUSPEND ITS RULE OF, UH, RULES OF EVIDENCE TO ALLOW FOR A SEVEN PAGE, NO SINGLE PAGE.
I JUST MADE COPIES FOR ALL OF YOU.
THIS IS A COMPLICATED ISSUE WITH A LOT OF BACKGROUND.
I'D LIKE TO CORRECT A COUPLE INACCURACIES THAT YOU'VE HEARD THIS AFTERNOON.
FIRST OF ALL, THE DEED RESTRICTIONS ARE FILED AT THE COUNTY LEVEL, THEREFORE, THE HILLCREST HAVEN SUBDIVISION, THEY WERE FILED FIRST IN THE 1950S, AND THEY WERE AMENDED A COUPLE OF TIMES.
THEY INCLUDE HOMES THAT ARE ACROSS ROYAL LANE.
THEY INCLUDE OTHER HOMES IN OUR LARGER NEIGHBORHOOD.
THEY PROHIBIT RE PLATING, UH, THAT REDUCES THE AMOUNT OF FRONTAGE, UH, ON ANY LOT.
AND THEY ALSO, UH, PROHIBIT REDUCING THE AMOUNT OF SETBACK, 40 FOOT IN THE FRONT OF THE HOUSE AND 20 FOOT IN THE BACK OF THE HOUSE.
BUT I UNDERSTAND THAT THAT'S NOT PART OF THIS DISCUSSION, SO WELL, IT MIGHT, IT MIGHT BE IF, IF WE RECOGNIZE THEM.
SO, SIR, MY UNDERSTANDING IS THAT THAT'S A COUNTY ISSUE.
AND MY COUNSEL ADVISED ME THAT I COULDN'T BRING UP THE DEED RESTRICTIONS TO YOU BECAUSE IT WAS A COUNTY ISSUE AND NOT A CITY ISSUE.
WE MAY DECIDE TO NO, I'D AT LEAST LIKE TO GET IT RIGHT.
ARE WE STILL ON THE SAME PAGE, MS. BARKING? THE ONLY WAY WE WOULD CARE IS IF IT WAS FILED WITH THE CITY OF DALLAS, AND IT IS NOT, SIR, AND IT IS NOT.
UM, THE OTHER INACCURACY THAT I'D LIKE TO, UH, CORRECT IS THE OTHER PICTURES OF 10 FOOT PLUS TALL FENCES OR OVER EIGHT FOOT FENCES IN OUR NEIGHBORHOOD.
THERE ARE SOME, BUT THERE'S A, APPARENTLY THERE'S AN, UH, AN ALLOWANCE IN THE CODE FENCE CODE THAT SAYS IF YOU'RE ON A MAIN THOROUGHFARE LIKE ROYAL LANE OR HILLCREST OR FOREST THAT HAS A STOPLIGHT, LET'S SAY, THEN THERE'S AN EXEMPTION FOR AN OVER EIGHT FOOT CODE.
AS I UNDERSTAND, THE PICTURES THAT YOU WERE PROVIDED ARE ALL ON THOSE MAIN THOROUGHFARES.
YOU CAN FACT CHECK THAT MS. PARK HILL.
[01:30:01]
IS THERE AN EXCEPTION TO THE CODES FENCE HEIGHTS AND MAJOR THOROUGHFARES AN EXCEPTION TO IT? I'VE NEVER HEARD IT.ARE YOU ALLOWED BY, BY CODE TO HAVE A HIGHER FENCE IF YOU'RE ALONG IN MAJOR THOROUGHFARE? UH, NO.
NOT THAT, NOT THAT I'M AWARE OF THE COUNT.
SO ALL OF THOSE FENCES ARE NON-COMPLIANT ALSO, IF THEY'RE 10 FEET AND SURE.
IF THEY'RE ABOVE THAT, UH, THEY MAY BE SIDE YARDS.
WHAT THAT, SO MOST OF THIS ISSUE SURFACED AFTER THE TORNADO.
THE OTHER, THE OTHER THING THAT YOU, MY NEIGHBOR SAID, UM, AND, AND I, I TRULY REGRET PETER.
SO, UM, THE LOTS WERE, THEY WERE SWITCHED.
SO THE HOUSES HERE, HERE'S WHAT HAPPENED.
UH, 72 25 BROOKSHIRE DRIVE WAS FORMERLY 7 1 34 BROOKSHIRE CIRCLE.
THAT'S THE LOT THAT HAS THE WOODEN FENCE.
NOW IS FOUR FOOT WAS SAWN OFF THE LOT IN QUESTION IS 72 17 BROOKSHIRE DRIVE FORMERLY FACED.
MY FRONT DOOR IS NOW AND WAS FORMERLY 71 22 BROOKSHIRE CIRCLE.
I'LL POINT OUT, AS A MATTER OF FACT, BOTH LOTS, ALTHOUGH THEY'VE SWITCHED THE ADDRESSES TO BE BROOKSHIRE DRIVE, WHICH FACES TO THE SOUTH, THE TRAFFIC PATTERN STILL IS OFF OF BROOKSHIRE CIRCLE.
BOTH LOTS THAT I JUST MENTIONED STILL HAVE A DRIVEWAY ON BROOKSHIRE CIRCLE, JUST AS THEY DID BEFORE THE TORNADO.
IT SEEMS TO ME, IN REGARDS TO THE VARIANCE, AND I'VE LEARNED A LOT LISTENING TO THE BRIEFING, THERE ARE THREE ISSUES AT HAND.
ONE IS THE ISSUE OF DALLAS CODE.
SECOND IS THE ZONING, AND THIRD IS THIS ISSUE OF DOES IT APPLY FOR A VARIANCE BECAUSE OF SIZE, SHAPE, OR HARDSHIP? THAT WASN'T SELF-INDUCED.
THEY'RE NOT ASKING FOR A VARIANCE, THEY'RE ASKING FOR A SPECIAL EXCEPTION.
I THOUGHT THEY WERE ASKING FOR A SIR.
I THAT THEY'RE ASKING FOR A SPECIAL EXCEPTION.
WHICH HAS A LOWER STANDARD, BUT A STANDARD NONETHELESS.
AND THAT CORRECTED STANDARD IS THAT THE BOARD HAS TO BELIEVE THAT IT IS NOT DETRIMENTAL TO NEIGHBORING PROPERTY.
NEIGHBORING NOT NECESSARILY MEANING IMMEDIATELY ADJACENT.
SO, UH, THE FIRST ISSUE IS THAT IT IS A DUAL FRONTAGE LOT UNDER DALLAS CODE.
THE FRONT YARD SETBACK AND ZONING.
R 16 A IS A 35 FOOT SETBACK FOR A FRONT YARD AND A 20 OR A, YEAH, 20 FOOT SETBACK FOR THE REAR.
THIS WOULD PUT A FENCE AT 10 FOOT OFF THE CURB.
UM, WHAT IS AT ISSUE IS THE FOREFOOT AND SIX FOOT HEIGHT.
UM, I, I, I HAVE THAT THE CODE SAYS THAT, UM, THAT THE POOL HEIGHT FENCE REQUIRED IS FOUR FOOT, NOT SIX, NOT SIX FOOT.
UM, THE POOL ENCLOSURE, THAT'S A SEPARATE PERMIT THAT THAT'S COMES WITH THE POOL PERMIT.
SO THIS IS A SEPARATE FENCE FOR THE PROPERTY.
SO OUT OF CURIOSITY, IS IT SIX FEET? UM, I BELIEVE IT.
I DON'T, BUT I WANNA SAY IT IS.
I COULD LOOK IT UP FOR YOU IF YOU NO, IT DOESN'T.
IT'S A SEPARATE ISSUE IS WHAT, OKAY.
UM, AND SO THEN THERE'S THIS ISSUE OF WHETHER IT'S CONSISTENT WITH THE NEIGHBORHOOD.
IF, IF YOU'LL LOOK AT IT KIND OF THIS WAY, MY HOME IS WHERE THE RED, UH, MAP MARKER IS.
THEY'RE FOUR FOOT FENCES, THEY'RE 50% TRANSMISSIVE.
THOSE WERE ON THE REAR, UH, REAR OF THE HOUSES WHEN THEY WERE ORIGINALLY CONSTRUCTED.
SO ALONG BROOKSHIRE DRI BROOKSHIRE DRIVE, WHERE IT SAYS ROYAL BRANCH THERE, THERE'S A LITTLE CREEK.
UM, WHEN THE HOUSES WERE ORIGINALLY ERECTED AND OUR FRONT DOORS FACED EACH OTHER, LIKE IN MANY NEIGHBORHOODS, THE BROOKSHIRE DRIVE SECTION WAS THE BACKYARD.
AND THOSE BACKYARDS, SOMEONE EARLIER WAS ASKING WHERE THE POOL WAS PREVIOUSLY LOCATED.
THEY WERE LOCATED IN THE BACKYARDS OF BOTH OF THOSE HOUSES.
AND THEY HAD A FOUR FOOT CHAIN LINK FENCE.
THAT FENCE WAS 10 FOOT OFF THE CURB IN BOTH CASES.
UM, SO EVERY PLACE THAT'S MARKED WITH THE BIG GREEN KIND OF, UH, OPEN FRONT OR REAR YARD, I DON'T HAVE A FR I DON'T HAVE A FENCE IN MY FRONT YARD OR MY BACKYARD, AND NEITHER DO ANY OF THE OTHER PEOPLE IN OUR IMMEDIATE NEIGHBORHOOD.
SO IT'S, IT'S REALLY NOT CONSISTENT WITH OUR IMMEDIATE NEIGHBORHOOD TO HAVE A SIX FOOT FENCE LIKE THAT FURTHER.
UM, THE ISSUE IS, DOES IT, DOES IT DAMAGE MY PROPERTY? WHEN I BOUGHT THE HOME WITH THE DEED RESTRICTIONS FROM THE COUNTY, I GOT TO LOOK OUT AT A 40 FOOT YARD THAT WAS DEED PROTECTED AND PROTECTED BY A 35 FOOT SETBACK AS ZONED FOR THE CITY OF DALLAS.
NOW, I'M GONNA BE, IF THIS PASSES, LOOKING AT IT, A SIX FOOT
[01:35:01]
FENCE OUT MY FRONT YARD.SO I DO THINK IT DAMAGES MY PROPERTY VALUE AND IT LOWERS IT.
IT HAS NOTHING TO DO WITH MY NEIGHBORS.
BUT THIS WHOLE THING HAS BEEN A COLOSSAL MESS.
AND I DO, I WROTE A LETTER I SUBMITTED, MARY WAS HELPFUL.
UH, WE, WE AVAILED OURSELVES OF CODE.
WE AVAILED OURSELVES OF, UH, ZONING, UH, CODE COMPLIANCE ZONING, A DEVELOPMENT OFFICER.
I CALLED THE CITY COUNCIL PERSON.
WE TRIED TO SEND A LETTER TO THE DEVELOPER WHEN THE HOME WAS, UH, INITIALLY BEING BUILT, SENT A LETTER TO THE CONTRACTOR.
WE, WE TRIED TO AVAIL THIS IN A NEIGHBORLY WAY.
WE'VE HAD NUMEROUS PLEASANT DISCUSSIONS WITH THE COEDS.
AGAIN, THEY'RE DELIGHTFUL PEOPLE.
WE JUST STAND IN OPPOSITION OF THE, THE ZONING VARIANCE.
I HAVE A QUESTION ON THE MAP THAT YOU GAVE US.
WILL YOU HAVE THE OPEN FRONT AND REAR YARDS? NONE OF THOSE APPEAR TO HAVE THREE FRONT YARDS AS THIS 2070.
72 17, ACCORDING TO WHAT WE'VE BEEN TOLD, ACCORDING TO THE CITY OF DALLAS HAS THREE FRONT YARDS.
ALL OF THE OTHER OPEN AND FRONT REAR YARDS APPEAR TO BE ON LOTS THAT ONLY HAVE ONE FRONT YARD.
EXCUSE ME, I'M GETTING OVER A VIRUS.
SO MY VOICE IS SOMETIMES NOT TOO CLEAR.
THESE TWO HOUSES ON THAT ISLAND, THEY GET THE BENEFIT OF EVERYONE ELSE HAVING NICE OPEN PARK-LIKE YARDS.
AND THEY'D BE THE ONLY HOUSES TO, TO STOP THAT.
UM, I KNOW YOU, YOU BROUGHT UP THAT THEIR ORIENT THE ORIENTATION OF THE HOUSE FROM BEFORE THE TORNADO TO AFTER LEFT.
ARE YOU SUGGESTING THAT THEY WEREN'T ALLOWED TO REORIENT HOW THEY WANTED THEIR HOUSE TO BE? BECAUSE I UNDERSTOOD THAT THE HOUSE ITSELF WAS, WE WERE IN THE PROCESS OF REBUILDING OUR NEIGHBORHOOD, UHHUH, OUR, OUR HOMES.
I, MYSELF AND ONE, ONE OTHER FAMILY STAYED ON THE CIRCLE, AND WE WERE NEVER NOTIFIED THAT THE HOUSES WERE FLIPPED, THAT THE ADDRESS WAS FLIPPED.
WE WERE NEVER GIVEN A CHANCE TO RESPOND.
WHEN I TALKED TO MY ZONING, UH, UH, CONSULTANT, HE SAID THAT'S BECAUSE THE ZONING ON THE HOUSE DIDN'T CHANGE.
JUST THE ADDRESS WAS PURPORTED TO HAVE CHANGED.
SO TECHNICALLY NO NEED TO NOTIFY ANYBODY.
IT'S THE ADDRESS ONCE WAS FACING SOUTH ON A BROOKSHIRE CIRCLE AD, OR FACING NORTH ON BROOKSHIRE CIRCLE.
NOW, THE ADDRESS, ALTHOUGH THE DRIVEWAYS DON'T NECESSARILY FACES SOUTH ON BROOKSHIRE BRIBE, UM, WHETHER IT SHOULD HAVE OR NOT, THAT'S WATER UNDER THE BRIDGE.
AND AS, AS THE EARLIER SPEAKER POINTED OUT, IT'S NOT SALIENT.
AND THEN, UH, JUST THE OTHER QUESTION, WHICH I ALSO HAD POSED TO THE, UH, LAST SET OF SPEAKERS, OBVIOUSLY WHAT WE'RE HERE TO TALK ABOUT IS THEM GOING FROM A FOUR FOOT HIGH FENCE TO A SIX FOOT HIGH FENCE.
UH, AND OUR STANDARD, OF COURSE, IS THAT WHETHER THAT, UH, IN OUR OPINION, ADVERSELY AFFECTS NEIGHBORING PROPERTY, OBVIOUSLY YOUR NEIGHBORING PROPERTY.
CAN YOU EXPLAIN TO ME, UM, HOW YOU WOULD CAPTURE WHY THOSE TWO FEET WOULD, UH, ADVERSELY AFFECT, JUST IN SHEER GEOMETRIC TERMS, I USED TO LOOK OUT MY FRONT DOOR AND I HAD A 40 FOOT BUILDING LINE UNTIL I SAW ANOTHER HOUSE.
NOW, I'LL LOOK OUT MY FRONT DOOR AND I'LL HAVE 10 FOOT OF FENCE AT SIX FOOT HIGH.
SO I HAVE MUCH LESS GREEN SPACE TO LOOK AT.
THAT AFFECTS THE WAY TRAFFIC ROLLS THROUGH THERE.
IT AFFECTS THE LOOK AND FEEL OF THE NEIGHBORHOOD.
AND IT'S INCONSISTENT WITH THE OTHER FOUR FOOT FENCES IN THE IMMEDIATE VICINITY, ALL OF WHICH ARE EITHER CHAIN LINK OR ROD IRON.
ARE THERE FURTHER SPEAKERS? AND HOW ARE WE DOING ON TIME? THANK YOU, MS. LEEANN LAVA.
MS. WILLIAMS, HOW ARE WE DOING ON TIME? FINE.
HELLO, MY NAME IS SUE WHITE, AND I OWN THE HOME DIRECTLY ACROSS FROM THEM.
MY HOUSE WAS COMPLETELY DEMOLISHED WITH A TORNADO.
WHAT IS THE ADDRESS? 7 1 1 15 BROOKSHIRE.
SO THAT HOME WAS COM WENT RIGHT THROUGH US, AND WE WERE VERY CONSIDERATE OF OUR NEIGHBORS WHEN WE REBUILT THAT.
IT WAS THE OLD BUILDER, AND HE, WHAT?
[01:40:01]
HE JUST SKIPPED AROUND ALL THE RULES OF THE CITY OF DALLAS.AND SO WE'VE, LET'S GET PAST THAT.
THE TWO FEET, I'LL JUST GO AHEAD AND GO TO THAT.
IF I LOOK OUT MY DOOR, IT WILL BE A DANGER FOR PEOPLE, FOR ME WHEN I COME HOME AT NIGHT TO HAVE NOT, NO ONE CAN SEE ME.
WE HAVE POLICE THAT SIT RIGHT ON THE CORNER, BUT THEY WON'T BE ABLE TO SEE ME ANYMORE AT BROOKSHIRE CIRCLE AND BERKSHIRE, BECAUSE WE HAVE SO MANY ROBBERIES BECAUSE OF THE TORNADOES.
BASICALLY, IF I, IF THEY BUILD THAT FENCE, HOMELESS PEOPLE STILL GO DOWN BROOKSHIRE.
THEY'LL HAVE A HAVEN TO SIT RIGHT IN FRONT OF MY HOUSE.
AND IT SCARES ME, TO BE HONEST WITH YOU.
AND MY GRANDKIDS RUN OUT ON THE CIRCLE AND THEY'LL BE HIT BY A CAR CUZ THEY SAY THAT IT DOESN'T HAVE A SIGHT LINE, BUT IT ABSOLUTELY WILL HAVE A SIGHT LINE.
SO REALLY, I DON'T WANT TO EXTEND THIS.
TO ME, IT'S A SAFETY ISSUE FOR ME PERSONALLY, AND IT SCARES ME.
DO YOU HAVE ANY QUESTIONS, MR. SLAY? I, I DO.
UH, AND IT'S GONNA BE THE SAME QUESTION AGAIN, RECOGNIZING THAT THEY CAN DO THE FOREFOOT FENCE WITHOUT ANY PERMISSION FROM ANYONE.
CAN YOU AND I, I APPRECIATE THE CONCERNS WITH SAFETY AND SIGHT LINES, HOW IT IS THE DIFFERENCE BETWEEN THE FOUR FEET AND THE SIX FEET IMPACT THAT WERE ANOTHER, UH, ASPECT FOR YOU.
BECAUSE IF YOU GO AROUND THE CORNER AND YOU ADD TWO FEET, IT BLOCKS ANY VIEW.
NOW THE CIRCLE BECOMES AN ALLEY.
BASICALLY, IT'S THE HEIGHT DIFFERENCE.
SO ARE YOU SAYING THAT AT THE, IF THERE'S A FOUR FOOT FENCE, UH, THE OFFICERS YOU'RE TALKING ABOUT THAT ARE MONITORING THE AREA WOULD BE ABLE TO SEE YOU, BUT WITH A SIX FOOT FENCE? THEY WOULD NOT.
AND WE DID RECEIVE YOUR, YOUR LETTER.
UH, MY NAME IS LEANNE LA BARBA.
MY ADDRESS IS 71 21 BROOKSHIRE CIRCLE.
I'D LIKE TO THANK ALL OF YOU FOR THE OPPORTUNITY TO SPEAK TO YOU TODAY.
UM, AS YOU CAN SEE, THE RESIDENTS OF BROOKSHIRE CIRCLE ARE IN EXTREME OPPOSITION TO THIS PROPOSAL.
AND WE CONSIDER THIS VARIANCE REQUEST COMPLETELY CONTRARY.
CONTRARY TO THE PUBLIC INTEREST OF THE RESIDENTS OF OUR CIRCLE, THIS IS A DETRIMENT TO OUR PROPERTY VALUES.
IT'S A DETRIMENT TO OUR SECURITY OF OUR STREET.
AND YOU HEARD FROM SOME OF OUR NEIGHBORS THAT THEY DISAGREE.
AND I, I CAN'T SAY ENOUGH HOW THIS IS NOT CORRECT.
THIS ISN'T THE RIGHT WAY TO GO.
YOU CAN'T, WITH THE WOOD FENCE, YOU, AND WE ARE ON A SLOPE.
SO WE'RE CURVED AND WE'RE ON A SLOPE.
YOU CANNOT SEE A PARKED CAR CURRENTLY WITH THAT WOOD FENCE THE WAY IT IS ON THAT PROPERTY.
YOU CAN'T COME AROUND THE CORNER AND SEE A PARKED CAR.
I, I, I SEE NO REASON TO ALLOW THIS TO GO ON IT.
IT'S, IT'S A, LIKE I SAID, IT'S A DETRIMENT TO OUR NEIGHBORHOOD.
IT'S A DETRIMENT TO THE SECURITY.
IT'S FLAT OUT, IT'S A RISK TO OUR NEIGHBORHOOD.
I THINK THAT NEEDS TO BE THE TAKEAWAY FROM THIS THAT YOU, YOU GO FORWARD WITH.
SO I, I'M NOT, I I'M CURIOUS THOUGH, IF IT WERE WR IRON FENCE, WOULD YOU HAVE THE SAME CONCERN? NO, I'D BE ABSOLUTELY FINE BECAUSE, AND ACTUALLY WE HAVE NEIGHBORS WHO HAVE A WR IRON FENCE, AND IT, IT'S TOTALLY FINE.
IT DOESN'T CREATE AN OBSTRUCTION.
IT, IT, I, WE DON'T HAVE ANY OPPOSITION TO THAT.
AND WE'VE SAID THAT FROM THE START, AND I UNDERSTAND YOU NEED TO PROTECT YOUR YARD.
YOU NEED TO PROTECT YOUR POOL.
BUT THE VISIBILITY FACTOR AND WHAT WE STARE AT IS AN ISSUE.
SO MISS, YOU'RE GONNA ASK THE SAME QUESTION.
YEAH, I HAVE TO BE CONSISTENT.
BUT I'LL, I'LL START IT WITH ONE OTHER ONE, WHICH IS, I APPRECIATE THE CONCERN ABOUT LIKE, NOT BEING ABLE TO SEE AROUND, WON'T THAT CAUSE CARS TO DRIVE SLOWER IN A WAY THAT MIGHT BE, YOU KNOW, WHAT, LAST NIGHT, JUST AS AN EXAMPLE, I COULD SEE THE UPS COME FLYING THROUGH THERE.
WELL, I MEAN, IT DOESN'T CAUSE ANYBODY TO DO ANYTHING ANY DIFFERENTLY.
HAVING BEEN ON OUR STREET FOR 20 YEARS, IT DOESN'T MATTER, YOU KNOW, I MEAN, THEY'RE GONNA DRIVE THE WAY THEY'RE GONNA DRIVE, BUT THE FENCE HASN'T BEEN THERE FOR THE 20 YEARS.
WELL, NOW, NOW THAT WE HAVE THIS, SO THE PROPERTIES THAT THEY, THE PROPERTY THAT THE CAFOS PURCHASED AND THEN SOLD, HOWEVER THEY DID IT WITH THEIR BUILDER, UM, THEY PUT UP A FENCE.
[01:45:01]
SO NOW WE GET AN, WE GET AN EXAMPLE OF WHAT'S ABOUT TO HAPPEN TO US, THE WHOLE WAY OF BROOKSIDE CIRCLE.SO THAT'S, THAT'S HOW WE NOW KNOW EXACTLY AS YOU'RE COMING AROUND THAT TURN AND IT'S SLOPING DOWNWARD.
YOU CAN'T SEE YOU, I MEAN, YOU CANNOT SEE ANYTHING AS YOU'RE COMING AROUND SAID, CURVE ON THAT SLOPE.
SO DO YOU THINK THERE'S A DIFFERENCE BETWEEN THE A FOUR FOOT FENCE AND A SIX FOOT FENCE? ABSOLUTELY.
BECAUSE QUITE FRANKLY, IF YOU'RE IN A VEHICLE, BECAUSE RIGHT NOW YOU CAN'T SEE, SO IF YOU'VE GOT SIX FEET, YOU REALLY, YOU CAN'T SEE A CAR.
YOU REALLY, YOU CAN SEE, YOU KNOW, POTENTIALLY, DEPENDING ON WHERE THEY ARE ON THE ELEVATION, YOU COULD POTENTIALLY SEE SOMEONE WHO'S SAY MY HEIGHT.
BUT WHEN YOU GET TO A CHILD, YOU CANNOT SEE THEM.
YOU GET TO A DOG, YOU CANNOT SEE THEM.
AND WHAT'S AMAZING TO ME IS THAT THE PEOPLE WHO ARE NEXT TO THE CAFOS ARE IN SUPPORT OF THIS.
THEY HAVE LITTLE CHILDREN, WE'VE ALL HAD LITTLE CHILDREN, AND THEY BUZZ AROUND ON THEIR BIKES AND WE ALL SAY, YOU KNOW, NOTHING WOULD HAPPEN.
AND THEY GET GUTSY AT 8, 7, 8 YEARS OLD AND BUZZ AROUND AND YOU CAN'T SEE THEM.
IT, IT'S NOT, IT IS JUST NOT SAFE.
ARE THERE MORE SPEAKERS? NO, THERE'S SPEAKERS.
THE APPLICANT, UH, HAS A REBUTTAL.
I'LL PROBABLY, IF YOU NEED MORE, TAKE A LITTLE MORE.
FIRST I WANT TO CORRECT A MATTER OF FACT.
UH, MS. LAVENDER DOES NOT LIVE AT SEVEN ONE, I'M SORRY, SORRY.
SHE OWNS THE PROPERTY AND MOVED OUT, I THINK IN 2019.
AND WE HAVE SPOKEN TO, WE DID SPEAK TO THE TENANT THERE.
SO SHE REPRESENTED THAT SHE LIVES THERE AND SHE DOES NOT JUST WANTED TO CORRECT.
AND ISSUE OF FACT, UH, AS FAR AS FENCES IN THE FRONT YARDS, THERE IS A FENCE, A GATE ACTUALLY, UH, DIRECTLY ACROSS FROM US IN THEIR YARD.
ALTHOUGH IT IS BEHIND THE LINE OF THE FRONT OF THE PROPERTY, IT IS A LARGE GATE THAT'S PROBABLY EIGHT OR NINE FEET.
SO THERE ARE SOME FENCES ON BROOKSHIRES CIRCLE THAT ARE HIGH LIKE OURS.
AND, BUT INSIDE THE SETBACK, I'M SORRY, INSIDE THE SETBACK.
BUT SO THAT, SO I'M SAYING WHAT'S, WHAT'S SIMILAR TO THE NEIGHBORHOOD, SUCH AS THE EXAMPLES WE'VE GIVEN YOU AND OTHER EXAMPLES.
WHEN ORCHID IN OTHER PLACES, THERE ARE POLAR FENCES THAT ARE, YOU KNOW, BULLET 10 OR 15 FEET SETBACK.
SO WE THINK IT IS AND KEEP YOU WITH THE NEIGHBORHOOD.
AND THE DANGER OF A SIX FOOT VERSUS A FOUR FOOT, I DON'T QUITE UNDERSTAND.
THERE IS A, YOU KNOW, THERE ARE NO FENCES ON THE OTHER SIDE OF BROOKSHIRE CIRCLE, OUR BROOKSHIRE CIRCLE FENCE, WHO WOULD HAVE A 10 FOOT SETBACK.
SO THAT'S A CERTAIN AMOUNT OF DISTANCE FOR PEOPLE TO SEE WHEN THEY'RE DRIVING AROUND THE CIRCLE.
SO THAT GIVES YOU A VIEW CORRIDOR VERSUS MANY OF THE FENCES THAT YOU WILL SEE, FOR EXAMPLE, ON HILLCREST OR RIGHT ON THE CURB ITSELF.
SO THERE IS NO VIEW PORT AT ALL.
AND YOU KNOW, WE'RE, WE'RE HERE TO TRY AND GET THIS DONE.
WE WOULD LIKE TO PUT UP A FENCE, AND AT 10 FEET THERE'S A CERTAIN VIEW CORRIDOR, WHICH DOESN'T SEEM TO BE SUFFICIENT.
AND IF IT MAKES EVERYBODY FEEL BETTER, AND WE MOVE THE FENCE BACK TO 15 FEET TO INCREASE THAT VIEW ORDER SO PEOPLE CAN SEE AROUND, WE'D BE WILLING TO DO THAT IN ORDER TO TRY AND GET THIS SOLVED.
SO I WILL TOSS THAT OUT FOR THE BOARD'S CONSIDERATION.
UH, IT'S NOT WHAT WE ASKED FOR, BUT GIVEN THE OPPOSITION AND THE CONCERN FOR SAFETY, UH, WE THINK THAT WOULD HELP IN GIVING A GREATER VIEW CORRIDOR AND GREATER SAFETY FOR THE NEIGHBORHOOD.
THOSE, THOSE ARE, THOSE ARE THE REST OF MY COMMENTS.
I'M HAPPY TO ANSWER ANY OTHER QUESTIONS FROM THE BOARD.
UM, SO I'M JUST ASKING THIS BECAUSE THE, THE WAY THE, WE RECEIVED THE LETTERS, I DON'T HAVE THEM IN FRONT OF ME, THE LETTERS OF SUPPORT, UM, YOU KNOW, I MEAN, I DEFINITELY APPRECIATE THOSE.
UH, BUT IT, IT SOUNDED LIKE A LOT OF THE PEOPLE WE'RE HEARING FROM WERE RESIDENTS ALONG BROOKSHIRE CIRCLE, UH, THE LETTERS OF SUPPORT.
ARE ANY OF THOSE FROM PEOPLE WHO LIVE ALONG BROOKSHIRE CIRCLE? YES.
ONE OF THE, ONE THAT, THE MOST RECENT ONE WE SENT IN, I THINK EARLIER THIS WEEK WAS FROM BROOKSHIRE CIRCLE.
JOE JUDO, I THINK IS HER NAME.
UH, THAT SHE'S ON THAT CIRCLE FACING THE FENCE OF 72 25.
[01:50:02]
UH, AND THEN MANY OF THE LETTERS COME FROM THE PEOPLE WHO ARE ACROSS THE STREET ON BROOKSHIRE DRIVE.AND MOST OF THOSE PEOPLE WALK BROOKSHIRE CIRCLE, WALK THEIR DOGS ON BROOKSHIRE CIRCLE.
SO THEY ARE, THEY ARE VERY FAMILIAR WITH OUR LOT.
THEY ARE ANXIOUS FOR US TO HAVE A FENCE.
THEY DON'T HAVE TO LOOK AT OUR POOL AND OUR STUFF.
UH, SO, YOU KNOW, THOSE ARE ALL PEOPLE WE CONSIDER CLOSE NEIGHBORS, NOT JUST SOMEBODY, YOU KNOW, SEVERAL HUNDRED FEET AWAY.
ARE THERE OTHER QUESTIONS? OKAY.
UM, SIR, ARE YOU, UM, ARE YOU IN FAVOR? YES, SIR.
SO IF YOU WANNA USE THE REMAINDER OF THE TIME, GO FOR IT.
UH, STEVE LAKEN AGAIN, UH, 400 DONLIN COURT IN SOUTH LAKE, TEXAS.
UM, LIKE ONE OF THE, UM, MEMBERS UP HERE WAS STATING, UH, WE CAN PUT A FOUR FOOT FENCE UP.
UM, WE COULD PUT IT FOUR, UH, FIVE FEET OFF THE PROPERTY LINE.
UM, I WOULD ASK ANY PERSON WHO DOES ANY APPRAISAL OF ANY PROPERTY TO SAY IF THEY COULD QUANTIFY A REDUCTION IN PROPERTY VALUE BECAUSE OF TWO FEET OF A FENCE THAT'S 10 FEET OFF OF THE PROPERTY LINE.
I DON'T THINK WE CAN QUANTIFY THAT.
I UNDERSTAND THE HOMEOWNERS WHO LIVE ON, UH, BROOKSHIRE CIRCLE HAVE LIVED THERE FOR A LONG TIME, AND THEY'RE USED TO A CERTAIN LOOK THAT LOOK CHANGED WITH A TORNADO IN THE BUILDING OF NEW PROPERTIES.
UH, BUT THE REALITY IS, IS THE COHEADS BOUGHT THE PROPERTY.
THEY BUILT A HOUSE IN ACCORDANCE WITH CITY CODES AND, UH, WE'RE ASKING FOR TWO FEET.
UM, BROOKSHIRE CIRCLE IS NOT A SHARP CURVE.
UM, AND WE'VE DECIDED, OR WE'VE ASKED TO PUT THE FENCE 10 FEET OFF THE PROPERTY LINE TO GIVE A LARGER, UH, SITE AS CARS DRIVE 25, 30 MILES AN HOUR, WHICH IS THE SPEED LIMIT IN THAT AREA.
UM, AND IT'S PLENTY OF VISIBILITY.
FOR EXAMPLE, ON, UH, ROYAL LANE, THERE'S FENCES THAT ARE 10, 12 FEET HIGH RIGHT ON THE STREET, ROYAL LANE GOING 35, 40, UH, THREE LANES.
AND THE CITY OF DALLAS DOES NOT HAVE A PROBLEM WITH SAFETY CONCERNS.
OTHERWISE, THEY WOULDN'T LET THAT HAPPEN.
SO WE HAVE REDUCED IT 10 FEET OFF THE PROPERTY LINE FOR A NEIGHBORHOOD WHERE CARS ARE GOING EVEN SLOWER.
SO AGAIN, I UNDERSTAND THERE THE HOMEOWNERS WHO ARE OPPOSED TO THIS, UH, BEING VERY EMOTIONAL ABOUT A LOOK THAT THEY'RE USED TO LOOKING AT, BUT I THINK THEY HAVE PICKED ITEMS THAT DON'T REALLY APPLY, UH, TO FACTUAL EVENTS.
ONE, THERE'S PLENTY OF VISIBILITY TO DRIVE AROUND THE CIRCLE.
THERE'S PLENTY OF VISIBILITY FOR A POLICEMAN TO SIT ON A CORNER AND SEE THE CIRCLE.
UM, I DON'T THINK YOU HAVE THE CRIME RATE YOU HAD NOW THAT YOU HAD IN THE HEIGHT OF THE TORNADO.
SO I THINK THE CRIME RATE, UH, PROBABLY ISN'T, UH, HAS BEEN EXASPERATED A LITTLE BIT, UH, TO FIT A, A NOTION OF WHAT THEY WANT TO GO BACK TO.
UM, I JUST WANTED TO BRING THOSE POINTS UP THAT, UH, WE'RE ASKING FOR A SIX FOOT FENCE FOR PRIVACY IN A NEW BACKYARD THAT UNFORTUNATELY HAS THREE FRONT YARDS.
NOBODY ELSE IN THAT NEIGHBORHOOD HAS THREE FRONT YARDS, AND NOBODY ELSE IN THAT NEIGHBORHOOD HAS PEOPLE WALKING ON THREE FRONT YARDS LOOKING INTO THEM AS A FISHBOWL.
AND WE'RE JUST ASKING TO CLOSE UP TWO OF THOSE, UH, THE SIDE YARD AND THE BACKYARD SO THAT THAT HOMEOWNER HAS SOME MORE PRIVACY, UH, HAS SECURITY, AND HAS THE ABILITY TO, UH, CONDUCT THEIR LIVES LIKE EVERYBODY ELSE IN THAT NEIGHBORHOOD.
UNLESS YOU HAVE ANY QUESTIONS? NO, I JUST, I I, I WOULD JUST FOR THE SAKE OF IT, THAT THE STANDARD IS THAT IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, WHICH TOOK ME A WHILE TO GET MY HEAD AROUND WHEN I WAS AT.
THAT GOES BEYOND SIMPLY PROPERTY VALUES.
AND IN THIS CASE, I, LIKE I SAID AT THE VERY BEGINNING OF MY REBUTTAL HERE, I DON'T THINK YOU CAN GET ANY APPRAISER TO SAY THAT THAT PROPERTY VALUE WAS 5 MILLION, AND NOW BECAUSE OF TWO FOOT STRIP RIGHT.
HIGHER, IT'S NOW ONLY WORTH FOUR.
BUT WHAT I'M TELLING YOU IS THAT THAT ADVERSELY AFFECTING NEIGHBORING PROPERTIES IS NOT SIMPLY LIMITED TO THE PROPERTY VALUE OF I UNDERSTAND.
IT COULD BE AN EMOTIONAL, UH, WELL, I MEAN, WHAT, WHAT, IT'D BE NICE IF THEY DEFINED IT FOR US, BUT WE DON'T.
[01:55:03]
OKAY.I GUESS I'D LIKE TO FIND A WAY TO UNDERSTAND, WELL, MAYBE THE POOL JUST FLAT, DOESN'T MATTER IN THIS CASE.
I MEAN, MAY, MAYBE THAT'S NOT THE ISSUE AT HAND, SO, OKAY.
UH, IS THERE A MOTION, UM, MR. WE JUST, I, I, I'M SORRY.
I GUESS JUST IN HIS, UH, OFFER TO MOVE IT TO 15, OBVIOUSLY WE CAN'T DO ANYTHING ABOUT THAT TODAY, BUT JUST, I GUESS I'D BE INTERESTED IN HEARING FROM THE OPPOSITION IF, UH, THEY WOULD LIKE US TO HOLD IT, HOLD IT OVER SO THAT WE COULD ADD ON, SO IT'S 15 FEET INSTEAD OF 10 FEET, HOW THAT WOULD AFFECT THE OPPOSITION'S OPINION.
UM, YOU CAN'T ASK THAT QUESTION OF THE OPPOSITION.
UM, AND, YOU KNOW, ULTIMATELY WE, WE HAVE TO HAVE A SITE PLAN TO HOLD IT TO, BUT IT DOESN'T MEAN, WELL, I JUST MEAN DELAY IT A MONTH.
IT DOESN'T MEAN WE CAN'T DO THAT.
THAT'S, THAT'S FROM, IN FACT, UM, UH, SIR, THE ATTORNEY SPEAKS, UM, CERTAINLY IF YOU HOLD IT OVER, THEN THE, UH, APPLICANT CAN SUBMIT A NEW SITE PLAN THAT THE BOARD CAN TIE IT TO.
SO THAT NEW SITE PLAN WOULD ILLUSTRATE THE, UH, 15 FOOT SETBACK, AND THEN AT THE NEW MEETING, YOU'D BE ABLE TO MOVE FORWARD TYING TO THAT SITE PLAN.
SO CAN CAN WE ASK A MEMBER OF THE OPPOSITION? UNLESS, UNLESS SOMEHOW I CAN REOPEN.
I, I, I DON'T WANNA PLAY MEDIATOR QUITE LIKE THAT.
I, I, UH, AND I DON'T THINK, I DON'T KNOW PROCEDURALLY HOW TO DO IT.
MY, MY LAWYER'S TELLING ME I CAN'T.
IS THAT TRUE? ACCRUE EMPLOYER HAS NOT CHANGED YOUR IN THE PAST, I RECALL THAT THERE HAVE BEEN TYPICALLY AN ASK BY THE APPLICANT FOR ADDITIONAL TIME TO CONSULT WITH FOLKS, PROPOSED TO SEE IF THEY COULD REACH AN AGREEMENT, AND THEN THEY'VE ASKED, UM, OR THERE'S, UH, ABILITY OF, UH, REQUEST IS DENIED TO DENY WITHOUT PREJUDICE, WHICH WOULD AFFORD THE APPLICANT RIGHT.
TO NEW REQUESTS, POTENTIALLY WITH DIFFERENT TERMS. BUT OTHERWISE, I'D AGREE THAT WOULD ALL OF THOSE REQUIRE A MOTION OF SOMEBODY, DOES ANYBODY WANNA MAKE, UH, LOOKING FOR MOTION? NOBODY WANTS TO MAKE A MOTION.
UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 53 ON APPLICATION OF STEVE LAKEN HOLD THIS MATTER UNTIL OUR MEETING ON, SORRY, JULY 17TH, 2023, PERIOD.
IS THERE A SECOND, MR. CHAIR, A SECOND AMERICAN? A SECOND.
UH, I'M ALSO NOT OPPOSED TO DENYING IT WITHOUT PREJUDICE.
UH, IF WE, I, I DON'T LIKE HOLDING THINGS OVER, ESPECIALLY WHEN WE HAVE AS MANY PEOPLE DOWN HERE WHO'VE TAKEN, TAKEN THE TIME TO DO IT.
UH, FRANKLY, I WAS, YEAH, I, I, SO IF WE HOLD IT OVER, I SURE AS HECK WANNA MAKE A DECISION NEXT MONTH, BUT, BUT, UH, IF, IF YOU GUYS DIDN'T SUPPORT THIS AND WANTED TO DENY WITHOUT PREJUDICE, I'D SUPPORT THAT.
BUT AT ANY RATE, WE HAVE A SECOND.
WE HAVE OTHER COMMENTS, MR. SLAVE, BUT THIS ONE'S GENERALLY TOUGH FOR ME BECAUSE YEAH.
OBVIOUSLY MY QUESTION'S VERY MUCH FOCUSED ON, WE'RE TALKING ABOUT THE DIFFERENCE IN THE, THE FOUR FEET TO 60, AND I APPRECIATE THAT EVERYONE HONESTLY, UH, AND GENUINELY SHARED THEIR FEELINGS ABOUT THAT DIFFERENCE IN CHANGE AND THE IMPACT.
AND I CAN GREATLY APPRECIATE HOW THE REORIENTATION OF THE PROPERTY, WHICH,
[02:00:01]
UH, WHILE I'M SURE SURPRISING SEEMS TO BE SOMETHING THAT WAS PERMISSIBLE WITHOUT NEEDING TO GO THROUGH A BUNCH OF THEIR HOOPS, UH, WOULD CHANGE THEM.OF COURSE, IT, IT MAKES SENSE THAT, UM, PROPERTIES THAT HAVE BOUGHT THE WATER DON'T NECESSARILY HAVE FENCES, UH, ALONG THAT OTHER THAN, UH, WHAT THEY MIGHT NEED FOR, FOR, UH, KEEPING LITTLE ONES OR ANIMALS IN.
UH, AND BECAUSE THERE IS A DEGREE OF, OF SAFETY AND PRIVACY THAT, THAT AFFORDS, AND IT SEEMS LIKE THE APPLICANT HERE IS REALLY LOOKING TO TRY TO GET SOME OF THAT PRIVACY AND SECURITY FOR THEMSELVES.
AND ALSO, IT, IT DOES EXPLAIN VERY MUCH WHY A NUMBER OF PEOPLE ON BROOKSHIRE DRIVE WOULD APPRECIATE HAVING ANOTHER HOUSE THAT'S THERE, RIGHT.
UM, SO I'M VERY TORN ON, ON WHERE I, I AM.
I THINK IF, IF ULTIMATELY IT CAME DOWN TO IT, I WOULD SAY THAT I DON'T THINK THIS NECESSARILY WOULD, UH, NEGATIVELY IMPACT THE AREA PROPERTY.
SO THE SAME TIME, THE MOTION IS WHETHER WE WANT TO HOLD IT OVER THE SAME TIME, UH, THERE SEEMED TO BE SOME MOVEMENT AND DISCUSSION OCCURRING THAT WOULD MAYBE ATTEMPT TO RECONCILE, UM, SOME OF THESE CONCERNS THAT ARE, ARE VALID AND, AND ARE FELT AND MAY RESULT IN A BETTER LONG-TERM NEIGHBORLY RELATIONSHIP.
SO I THINK I AM INCLINED TO GO ALONG WITH THE MOTION SUPPORT, THE MOTION IN THE HOPES THAT MAYBE THERE CAN BE A LITTLE BIT MORE OF A NEGOTIATION OF A WAY THAT MAINTAINS THE PRIVACY AND SECURITY THAT THE APPLICANT SEEKS, WHILE ALSO, UH, MAYBE ALLEVIATING SOME OF THE CONCERNS THAT HAVE BEEN, UH, VOICED BY THE OPPOSITION SUCH THAT THEY CAN CONTINUE TO HAVE THE EXPERIENCE THAT THEY SEEK.
BECAUSE I HAVE A STRONG FEELING THAT, UH, REGARDLESS OF, OF THE HEIGHT OF THE FENCE OR OTHERWISE, THEY DON'T NECESSARILY WANNA BE, UH, LOOKING OUT INTO THE BACKYARD AND, AND PRIVATE AREA OF, OF THEIR NEIGHBORS.
UM, THAT MIGHT NOT BE THAT MUCH FUN EITHER.
WELL, OR MAYBE IT WILL BE, I DON'T KNOW.
SO, UH, THAT'S WHERE I'M COMING NOW.
IT DOES SOUND TO ME LIKE BETWEEN MOVING IT BACK OR MAKING IT A ROD IRON TYPE THING.
THERE, THERE'S ROOM FOR COMPROMISE.
AND I HOPE, I HOPE THAT'S FAIR, BUT YOU KNOW, I MADE THE MOTION, THE REASON I DID, UH, THE ONLY THING I WOULD SAY IS I KNOW THAT TAKING THE TIME OUT TO COME DOWN HERE IS A SACRIFICE, SO TO, TO ALL OF YOU.
SO WE'LL MAKE A DECISION AND, UH, VICE CHAIR AGNI, I'M CORRECT THAT BY HOLDING IT OVER, THIS IS STILL ALL PART OF THE RECORDS, SO WE'VE ALREADY CAPTURED THE EVIDENCE OF ALL THEIR TESTIMONY, AND IT IS RIGHT FOR CONSIDERATION OF THE DETERMINATION, SO FOLKS DON'T NECESSARILY HAVE TO LIKE, COME BACK IN PERSON FOR THAT.
I MEAN, YOU MAY BE TECHNICALLY RIGHT.
I WOULD THINK REALISTICALLY, I, I, I'M NOT GONNA TELL ANYBODY WHAT TO DO, BUT I THINK TECHNICALLY YOU ARE RIGHT, BUT WE DON'T GO BACK AND READ THE FULL WRITTEN RECORD OF OUR DISCUSSIONS, AND A LOT OF STUFF HAPPENS IN A MONTH.
BUT, UM, BUT YEAH, TECHNICALLY YOU'RE RIGHT.
I, I JUST THINK HOLDOVER IS AN ATTRACT.
I I, I'D CERTAINLY AGREE WITH YOU THAT WE'D REALLY LIKE TO REACH A DECISION TODAY TO RESPECT ALL OF THESE PEOPLE'S TIME, BUT HOLDOVER IS AN ATTRACTIVE OPTION BECAUSE, BECAUSE YOU WON'T NECESSARILY HAVE TO MAKE A DECISION.
UM, YOU KNOW, THE, THE, I'D LIKE TO BE PRESENTED WITH SOMETHING OTHER THAN, UH, YOU KNOW, APPROVE OR DENIED THIS PARTICULAR PLAN BECAUSE I'M, UH, CAN CERTAINLY, YOU KNOW, WHENEVER I'M ANALYZING IT, UH, THE DIFFERENCE BETWEEN FOUR FEET AND SIX FEET, YOU KNOW, I'M, I'M A LITTLE UNDECIDED ABOUT HOW BIG OF A DEAL THAT IS, BUT THEN I'M LISTENING TO THE PEOPLE WHO ARE AFFECTED AND, YOU KNOW, THEY, THEY SEEM TO COME DOWN STRONGLY THAT IT, IT IS A LARGE DEAL TO THEM.
AND I, I DON'T, YOU KNOW, I, IT, IT, I FEEL REALLY UNCOMFORTABLE WITH JUST ENTIRELY DISMISSING THAT.
AND, BUT, YOU KNOW, AT THE SAME TIME, I, I REALLY SEE THE OTHER SIDE'S POINTS AS WELL.
UH, YOU KNOW, LIKE, LIKE, LIKE YOU SAID, PROPERTY VALUE IS NOT THE ONLY THING, BUT IT'S A BIG THING.
AND I, I CAN'T SEE HOW IT WOULD ACTUALLY BE AFFECTED BY, UH, THIS, SO, YOU KNOW, HAVING SOME KIND OF, UH, OTHER POSITION, YOU KNOW, WHERE WE DON'T HAVE TO SAY EITHER THAT SIDE, RIGHT.
OR THAT, YOU KNOW, THAT, THAT'S ATTRACTIVE TO ME.
ALL RIGHT, MS. COLLINS, I THINK ONE THING TO CONSIDER IS THE, UM, WILLINGNESS OF THE APPLICANT TO MAKE SOME ADJUSTMENTS TO HELP WORK SOMETHING OUT WITH THE NEIGHBORS.
AND THE OTHER THING TO CONSIDER IS I DON'T BELIEVE, I PERSONALLY, IN ALL THE YEARS I'VE BEEN DOING THIS, HAVE NOT RUN ACROSS A CASE WITH WHERE A PIECE OF PROPERTY HAS THREE FRONT YARDS.
SO THAT NEEDS TO BE TAKEN INTO CONSIDERATION AS WELL.
WE DEAL WITH TWO FRONT YARDS FREQUENTLY, NOT THREE.
NO, IT'S JUST, IT'S NOT A VARIANCE.
IT'S, IT'S WITH YEAH, I AGREE THOUGH.
[02:05:02]
OKAY.ANYONE ELSE? WOULD YOU PLEASE CALL THE VOTE? SO THE MOTION IS TO HOLD OVER UNTIL OUR NEXT MEETING, MR. SLAY? AYE.
MOTION PASSES FIVE TO ZERO TO HOLD A MEETING UNTIL JULY 17.
UM, THANK YOU ALL FOR BEING HERE, SIR.
UH, IF IT'S ADMINISTRATIVE AND QUICK.
WHAT DOES THAT MEAN? HOLDOVER? THAT MEANS, UM, THAT MEANS THERE'S NO DECISION, UH, THAT HAS BEEN MADE AND WE'RE GOING TO GIVE A MONTH FOR WHAT I HOPE IS CONVERSATION, UH, AND THEN MAKE A DECISION IN A MONTH.
SO TO CLARIFY FOR US, YOU'RE BASICALLY ASKING US TO GET TOGETHER, HAVE A POWOW COME UP WITH SOME KIND OF DIFFERENT FROM WHAT WE, UH, PRESENTED HERE.
DO WE HAVE TO GET WITH YOUR STAFF TO PRESENT THAT TO THEM, TO GIVE IT TO YOU? UH, LOOKING FOR THE DYNAMICS.
WHAT DO WE DO IN A MONTH IN THE END? UM, WE'LL NEED TO HAVE A SITE PLAN THAT YOU WOULD, THAT YOU WOULD LIKE IF APPROVED US TO HOLD YOU TO, UH, OKAY, SO YOU'RE ASKING US TO MODIFY OUR FLIGHT? OUR, WE'RE NOT TELLING NO, NO, I'M, YOU HEARD WHAT WE SAID? YEAH, YEAH, I HEARD WHAT YOU SAID.
WE'RE NOT TELLING YOU TO DO IT OR, RIGHT.
SO YOU'RE GIVING US THE OPPORTUNITY TO REVISE OUR SITE PLAN AND REPRESENT IT FOR, UH, FURTHER DISCUSSION.
YOU CAN COME BACK AND SAY, NO, WE'RE NOT CHANGING, TAKE IT OR LEAVE IT AND WE'LL DECIDE.
I JUST WANT TO KNOW WHAT, SO I HAVE, UH, I NEED TO GET WITH, UH, WITH DIANE AND WORK, WORK THAT OUT.
WELL, IS IT MS. BRIDGES? IS IT MS. DUNN? IT OKAY.
WITH DIANA IS FIRST WITH DIANA.
AND I'LL, I'LL ALSO ADD THIS INFORMATION FOR EVERYBODY WHO DOES NOT KNOW, UH, WHAT A HOLDOVER ALSO DOES.
IT, IT ALLEVIATES YOU OF CODE ENFORCEMENT ACTION.
WHETHER YOU ARE DENIED WITH OR WITHOUT PREJUDICE, THE DENIAL AUTOMATICALLY, UH, INITIATES CODE ENFORCEMENT TO GO OUT AND ENFORCE.
SO THE HOLDOVER STAYS CODE ENFORCEMENT ACTION BECAUSE IT STILL MEANS YOU HAVE AN ACTIVE BOARD CASE.
I, I I WOULD REALLY PREFER YOU ASK QUESTIONS OFFLINE TO, TO MS. WILLIAMS OR, OR DIANA.
UM, LET'S TAKE, MAN, IF IT'S 10, LET'S MAKE IT REALLY 10 BEFORE WE TAKE ON THE NEXT CASE FOR BIORE, STRETCH YOUR LEGS, DO WHATEVER WE NEED TO DO.
LET'S RECONVENE AT, LET'S TAKE FIVE MINUTES.
WE WANTED TO WORK THROUGH SOMETHING.
UH, BEFORE WE START, I WANNA CORRECT SOMETHING.
THE, THE APPLICATION AMONGST OTHER THINGS IS FOR A 14 FOOT, SIX INCH VARIANCE, NOT A 14 FOOT VARIANCE, UH, WHICH, UH, WAS IN THE PRESENTATION.
SO THAT SAID, CALL OUR FINAL CASE, WHICH IS BDA 2 23 DASH OH FIVE ONE 4,001 TURTLE CREEK BOULEVARD, THE APPLICATION OF ROBERT REEVES FOR A SPECIAL EXCEPTION FENCE HEIGHT REGULATIONS AND FOR A SPECIAL EXCEPTION TO DEFENSE STANDARDS, REGULATIONS, AND FOR VARIANCE TO THE FRONT YARD, YARD SETBACK REGULATIONS.
SO WE HAVE TWO SPECIAL EXCEPTIONS AND ONE VARIANCE, SIR.
WE'VE BEEN SWORN IN, TEND TO BE SWORN SOME OF THESE, SOME OF THESE INDIVIDUALS WILL, WILL SPEAK IN FAVOR.
SOME OF 'EM ARE JUST WANNA BE AVAILABLE TO ANSWER QUESTIONS.
ARE THERE ANY SPEAKERS OPPOSED? OKAY, JUST CHECKING.
DO YOU ALL SWEAR, SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT, PLEASE SAY, I DO.
PLEASE PROVIDE YOUR NAME AND ADDRESS BEFORE
[02:10:01]
PROCEEDING WHEN YOU GET TO THE MIC, PLEASE.MY NAME IS ROBERT REEVES, 38 0 7 VINE CREST, DALLAS, TEXAS 75 2 29.
I AM THE, UH, ZONING CONSULTANT, THE APPLICANT.
IN THIS REQUEST, I WANNA INTRODUCE, UH, MR. MCKAY, RAISE YOUR HAND, WHO HE AND HIS WIFE OWNED THIS, UH, HOME.
AND THEN, UH, MR. SAM ARTS, RAISE YOUR HAND.
UH, HE IS PRESIDENT OF THE LANDSCAPE FIRM THAT IS DOING THE LANDSCAPING FOR THIS.
SOME OF THEM MAY, MAY SPEAK LATER ON, ANSWER QUESTIONS AS, UM, AS YOU INDICATED, THIS IS THE MULTIPLE TYPE OF REQUESTS.
I'LL HIT THAT SPECIFICALLY IN JUST A MINUTE.
COULD I HAVE MY SLIDES, MS. BRIDGES? I DO HAVE A POWERPOINT.
SOME OF THIS I'M GONNA JUST KIND OF ZIP THROUGH.
OKAY, THE SIDE IS AT THE, UH, NORTHWEST CORNER OF IVAN DE AVENUE IN TURTLE CREEK BOULEVARD.
IT'S ABOUT A HALF ACRE, IT'S A LITTLE BIT IRREGULAR.
IT'S, UH, A HUNDRED FEET BY 200 FEET ALONG.
THE PROPERTY ZONED R 75, IT'S IN PD 1 93.
WHEN YOU LOOK AT THE AERIAL PHOTOGRAPH, IF YOU SEE THE LITTLE RED.IN THE BLUE ROOF, THAT'S OUR, THAT'S OUR HOME, NOT MY HOME.
UH, 4,001 TURTLE CREEK BOULEVARD.
THIS IS LOOKING DOWN, I AVANDALE PART OF OUR REQUEST, AND WE'LL GET TO THAT MORE SPECIFICALLY WILL BE DEALING WITH THE, THE SPECIAL EXCEPTION ON THE, ON THE WALL.
AVANDALE IS OBVIOUSLY ONE HALF OF A COUPLET, A MAJOR THREE LANE, SIX LANE COUPLET, A TRANS TRANSITIONING THROUGH THE OAK LAWN AREA, REALLY FROM THE TOIM AREA, GOING ALL THE WAY EASTWARD OVER INTO THE, UH, NORTH CENTRAL EXPRESSWAY AREA.
IT'S HALF OF THAT TRAFFIC IS VERY HEAVY, UH, PARTICULARLY EARLY IN THE MORNING.
THIS IS JUST TRAFFIC THAT IS HEADED DOWN NEXT TO OUR PROPERTY, WHICH IS ON THE LEFT WHERE THE WALL IS.
AND THE TRAFFIC SIGNALS RIGHT THERE AT TURTLE CREEK.
SO NOT ONLY DO YOU HAVE TRAFFIC BUZZING DOWN, IT'S GOING DOWNHILL, BUZZING DOWN, AVANDALE.
IF IT STOPS AT THE LIGHT, IT BACKS UP ALL THE WAY ALONG OUR PROPERTY.
IT CREATES SECURITY ISSUES, NOISE ISSUE, EXHAUST, FUMES, ET CETERA.
AND IT IS, THAT'S, THAT'S THE NATURE OF THE BEAST AND WE'RE ASKING FOR PROTECTION AGAINST THAT.
THIS IS ACROSS THE STREET FROM US.
THIS IS A GATED COMMUNITY, UM, RIGHT DIRECTLY ACROSS THE STREET THAT HAVE EXISTING WALL IN THE FRONT YARD.
THAT'S ABOUT EIGHT TO NINE FEET TALL.
JUST A LITTLE HISTORY, A LITTLE BACKGROUND.
ON AUGUST THE SIXTH OF 2021, THE CITY ISSUED US A PERMIT TO BUILD A SWIMMING POOL.
UH, AND THEN LOCATED 10.6 FEET, SIX INCHES FROM AVANDALE FROM OUR PROPERTY ALONG AVANDALE.
WE HAVE SINCE FOUND OUT THAT THE PERMIT WAS ISSUED TO US MISTAKENLY, BUT THE P THE POOL AND THE FOUNTAIN FEATURE ARE BUILT.
ON MARCH THE NINTH OF 2022, THE CITY ISSUED A SEPARATE PERMIT AND CONTRACTORS AUTHORIZATION TO CONSTRUCT A NINE FOOT SOLID WALL.
ALL ALONG AVANDALE AND ALONG TURTLE CREEK.
WITHIN WHAT IS WE'RE NOW FINDING OUT IS A FRONT YARD SETBACK.
I'M SURE THE PERMIT WAS ISSUED INITIALLY WHEN THE STAFF FELT LIKE IT.
PARTICULARLY THE AVANDALE SIDE WAS CONSIDERED TO BE A SIDE YARD, BUT BECAUSE THE WAY THE CODE READS, IT'S NOT ON THAT, ON THAT CORNER LOT.
SO THE WALL, THE WALL IS BUILT.
MY CLIENT, THE, UH, THE CONTRACTOR, UH, BASICALLY THE CITY JUST PUT THE PERMIT IN A PENDING STATUS WITH NO COMMUNICATION.
AND SO IT'S JUST BEEN SITTING THERE, UH, UNTIL GIVE US A CHANCE TO GO THROUGH THE BOARD OF ADJUSTMENT.
THIS IS A PICTURE OF THE WALL.
UH, AS IT EXISTS NEXT TO THE ALLEY, WE ARE SAVING EVERY TREE THAT'S ON THE SITE.
WE HAVE VERY LARGE OAK TREES, VERY LARGE PECAN TREES.
OBVIOUSLY WE'RE BUILDING A WALL.
WE BUILT THE WALL AROUND A THIS PARTICULAR TREE.
INCIDENT OF THE WALL IS ALSO GONNA BE WHITE STUCCO FINISH.
THIS IS JUST, UH, THE UNDERLINING SURFACE I HATE OUT BLOCK.
MS. BRIDGES, UH, OF THE WALLS AS IT EXTENDS
[02:15:01]
DOWN AVANDALE TOWARD TURTLE CREEK.OKAY, THIS IS, UH, A WALL, UH, LOOKING ACROSS TURTLE CREEK BOULEVARD.
UH, WE HAVE A PRIVATE THAT THE DRIVEWAY ON THE LEFT, ACTUALLY ON OUR PROPERTY OUTSIDE THE VISIBILITY TRIANGLE AND THE OWNER OF THE PROPERTY TO THE RIGHT, THE HOUSE HAS SET BACK, UM, IS HERE TODAY TO SUPPORT US.
HE'S GONNA BE SPEAKING IN JUST A MOMENT.
UH, ONCE AGAIN, WE'RE ASKING YOU TO APPROVE A 10 FOOT HIGH FENCE IN THE REQUIRED FRONT YARD ALONG IVAN DALE AND A PORTION OF TURTLE CREEK REQUIRING A SIX FOOT SPECIAL EXCEPTION.
AND TO CONSTRUCT A SOLID FENCE, HAVING LESS THAN 50% OPEN SPACE, LOCATED LESS THAN FIVE FEET FROM THE FRONT PROPERTY LINE.
AND CONSTRUCT A RESIDENTIAL ADJACENCY, STRUCTURE A POOL AND ACCOMPANY FOUNTAIN AND PROVIDE A 10.5 FOOT SETBACK BEGINNING.
THIS IS IMPORTANT, BEGINNING AT THE EAST LINE OF THE ALLEY AND EXTENDING 63 FEET ALONG THE PROPERTY.
LINE ALONG IVAN DELL, AND THEN IT JOGS BACK TOWARD THE 20 UP TO THE 25 FOOT SETBACK.
SO WE'RE ASKING FOR THIS 14.5 FOOT SETBACK ONLY ALONG 63 FEET, UH, PARALLEL TO AVANDALE BOULEVARD.
SO THIS IS JUST A BLACK AND WHITE, UH, A DRAWING OF THE LANDSCAPING IN THE AREA.
I KNOW IT'S HARD TO SEE, UH, IF YOU LOOK AT THE WORD IVAN DALE, RIGHT ABOUT WHERE THE, UH, THE, THE R IS ON ROAD, THAT'S FROM THE ALLEY TO WHERE THE R IS.
UH, THE R IS ON THE ROAD FOR IVAN DALE.
THAT'S THE 63 FEET, THAT'S A 10.5 FOOT SETBACK.
AND THEN THE SETBACK JOS 25 FEET UP AGAINST WHERE THE HOUSE IS.
SO THE VARIANCE, THE VARIANCE IS FOR 14 FEET, SIX INCHES.
THIS IS JUST A COLORED VERSION OF WHAT I JUST EXPLAINED TO YOU AT, THUS THE POOL AND THE FOUNTAIN ELEMENT DO SHOW UP A LOT BETTER ON THIS PARTICULAR SLIDE.
UH, LOOKING, IT'S THE SOUTH ELEVATION ALONG AVANDALE, WE ARE PROPOSING TO PLANT SOLID 20 FOOT HIGH SAVANNAH HOLLY TREES ALL ALONG AVANDALE AND PLANT SOME TREES ALONG PURPLE CREEK BOULEVARD.
SO WHERE THERE ARE NO TREES TODAY, THERE'LL BE SOLID TREES, 20 FOOT HIGHS SAVANNAH HOLLY COME THROUGH.
JUST TO GO THROUGH, UH, A FEW RENDERINGS.
THIS IS, UH, LOOKING AT IVAN DALE WITH THE TREES BEING PLANTED AND ADJACENT TO THE WALL.
IF YOU LOOK AT THE LITTLE, THE DRIVEWAY TO THE RIGHT SIDE, THAT'S ACTUALLY ON OUR PROPERTY.
AND THE, UH, THE WALL THAT WE'RE ASKING FOR A VARIANCE ALONG TURTLE CREEK IS JUST TO THE LEFT OF THAT CAR THAT'S SITTING IN THE DRIVEWAY.
WHAT HAPPENS IS THE 25 FOOT SETBACK JUST KIND OF CUTS ACROSS AT AN, AT AN ANGLE BECAUSE TURTLE CREEK CUTS ACROSS THAT ANGLE.
NEXT FIVE, THIS HAPPENS TO BE, THIS IS INSIDE OUR SITE DEVELOPMENT.
THIS HAPPENS TO BE A RENDERING OF THE POOL AND THE FOUNTAIN FEATURE.
OBVIOUSLY IF YOU ARE DRIVING DOWN AVANDALE OR AT PROPERTY ADJACENT ON THE OTHER SIDE OF AVANDALE, NO ONE WOULD EVER SEE THE WALL AND IT WOULD BE PROTECTED.
NOW, EXCUSE ME, SEE THE POOL AND THE FOUNTAIN.
THIS IS, UH, JUST A SHOT OF THE FRONT LAWN.
THIS SITE IS HEAVILY, HEAVILY LANDSCAPED IN ADDITION TO SAVING ALL, ALL EXISTING TREES.
THIS IS A, A SLIDE OF THE DRIVEWAY AND FRONT OF OUR ENTRANCE TO THE, UH, ENTRANCEWAY FRONT YARD TO THE HOUSE.
UH, THE LOWER WALL IS, UH, LESS THAN FOUR FEET NEXT TO THE DRIVEWAY, BUT THE HIGHER WALL THAT WE'RE ASKING FOR SPECIAL EXCEPTION ON IS AT THE TOP OF THE STAIRS.
THAT'S, THERE WAS A QUESTION EARLIER ABOUT WHERE THAT WALL WAS THAT'S AT THE TOP OF THE STAIRS, UH, JUST BEYOND THE DRIVEWAY.
THAT CUTS AT AN ANGLE THROUGH OUR PROPERTY.
AS FAR AS HARDSHIP, UH, THIS SLIDE IS PARTICULARLY IMPORTANT AND I'M JUST GONNA KIND, I'M GONNA SUMMARIZE THE KEY ELEMENTS ON THIS SLIDE.
[02:20:01]
PROPERTY HARDSHIP FOR OUR VARIANCE FOR A LOT OF DIFFERENT REASONS.NUMBER ONE, THIS HOUSE WE ARE REMODELING THIS HOUSE.
WE DID NOT SCRAPE THE LOT AND START FROM SCRATCH.
WE ARE REMODELING A HOUSE THAT WAS BUILT IN 1938 ON A LOT THAT'S ONLY A HUNDRED FEET WIDE, BASICALLY.
SO OBVIOUSLY THE FOUNDATION OF THE HOUSE IS SET AND THAT CLEARLY DEFINES PART OF THE LOT WHERE YOU HAVE OPEN SPACE TO DO SOME OTHER STUFF WITH IT'S SET, IT'S ESTABLISHED.
UH, ON SLIDE 19, THE NEXT IMPORTANT POINT ON THE HARDSHIP IN THIS CASE IS WE HAVE A 25 FOOT SET BACK ALONG AVANDALE AND ALONG HURDLE CREEK.
THERE'S ARROWS POINTING TO IT.
SO YOU GOT THE HOUSE AND YOU GOT 20 FOOT SET SETBACKS.
SETTING A, UH, SORT OF STANDING BILLABLE AREA.
YOU HAVE FIVE FOOT SIDE YARD, YOU HAVE TWO SIDE YARDS, ONE ALONG THE NORTH SIDE AND ONE ALONG THE ALLEY.
IN ADDITION TO THAT, EVERY CIRCLE IN GREEN ARE EXISTING TREES THAT ARE BEING SAVED.
I JUST SHOWED YOU TWO OR THREE OF 'EM.
SO WE'RE SAVING THOSE TREES VERY, I MEAN, WE'RE VERY, VERY HARD TO BUILD A WALL AROUND THOSE TREES AND TO BUILD A POOL THAT WE ENDED UP BUILDING IN THE ONLY LITTLE OPEN SPACE THAT WE, THAT WE HAD.
AND THAT'S THE RIGHT IN THAT CENTER AREA.
INCIDENTALLY, THE, UH, IF WE HADN'T HAVE BOUGHT, UH, BUILT THE POOL, THE, UH, THE ROOM FOR ENOUGH ROOM FOR THE POOL WOULD BE ABOUT 338 SQUARE FEET.
THAT'S LIKE A, A LARGE DEN OR MEDIUM SIZED DEN IN THEIR HOUSE.
THE POOL ENDED UP BEING ABOUT 668 SQUARE FEET, UH, AFTER WE BUILT IT AND GOT A GREEN TAG, GOT BILLING INSPECTION.
OKAY, I WANNA SUMMARIZE THE HARDSHIP.
PAGE 20 VARIANCE IS NOT CONTRARY TO THE PER UH, PUBLIC INTEREST, GOING TO SPECIAL CONDITIONS OF LITTLE ENFORCEMENT.
THIS CHAPTER WOULD RESULT IN UNNECESSARY HARDSHIP SO THAT THE SPIRIT OF THE ORDINANCE WILL BE OBSERVED AND SUBSTANTIVE JUSTICE DONE.
I ALREADY TOLD YOU ABOUT SETBACKS.
THIS SLIDE ALONG WITH THE ONE RIGHT AFTER THIS SUMMARIZES THE KEY EIGHT ELEMENTS THAT WE FEEL LIKE WE HAVE A HARD HARDSHIP.
EXISTING HOUSE FOOTPRINT ESTABLISHES OPEN SPACE.
WE HAVE A 25 FOOT SETBACK SEPARATE, SEPARATE ON THE TWO STREETS.
FIVE FOOT SETBACKS, SIDE SIDE YARD SETBACKS, FIVE MATURE TREES, AND BASICALLY IN THE REAR PORTION OF THE LOT RESTRICTING THE AVAILABLE AREA FOR THE POOL.
AND THE FOUNTAIN FEATURE, UH, THERE'S A SMALL 338 SQUARE FOOT AREAS THAT WAS AVAILABLE WITH ALL THE SETBACK.
WE BUILT ABOUT, UH, 600 AND UH, 68 SQUARE FEET FOR THE POOL.
THE FOUNTAIN, THE DRIVEWAY AND THE BACK, OR THE THREE CAR DRIVEWAY AGAIN, THIS WAS ALREADY THERE.
THAT, UH, THE DRIVEWAY AND THE CONCRETE TAKE UP ROOM ALSO.
AND THERE IS AN EIGHT FOOT ELEVATION CHANGE, POPPO CHANGE BETWEEN THE HOUSE AND TURTLE CREEK ARD THAT PREVENTS CONSTRUCTION OF A POOL AND FOUNTAIN FEATURE BASICALLY IN THE FRONT YARD.
AND THIS IS JUST MY OWN OPINION, WHO BUILDS THE FORM POOL IN THE FRONT YARD? THEY'RE NOT, UH, IF THE 10 FOOT SPECIAL EXCEPTION IS APPROVED.
OBVIOUSLY THE POOL AND THE FOUNTAIN FEATURE BE COMPLETELY SCREENED AND HAD NO IMPACT ON VACANT PROPERTY.
AND THEN THE LAST POINT, THE CITY I MISTAKENLY, WHICH IS THE PERMIT FOR POOL, A 600 SQUARE FOOT POOL, ALL ITEM NUMBER TWO.
SLIDE 23, PLEASE BE A LITTLE, UH, AWARE OF TIME.
YOU'VE GOT THREE PROPOSALS, SO WE OH, OKAY.
I JUST, THAT'S MY JUSTIFICATION ON THE OTHER TWO OR THREE
WHY DON'T JUST, UH, I JUST MOVE ON.
UH, I KNOW YOU'VE RECEIVED SOME LETTERS IN, UH, SUPPORT.
WE HAVE THREE PEOPLE HERE THAT WOULD LIKE TO SPEAK IN SUPPORT, INCLUDING THE OWNER THAT STORED TO US.
AND THE STAFF IS, UH, RECOMMENDING APPROVAL OF THE VARIANCE.
AND I KNOW IT'S UP TO YOUR JUDGMENT FOR RECOMMEND APPROVAL OF THE SPECIAL EXCEPTION.
SO, MR. CHAIRMAN, IS IT OKAY WITH YOU? I'LL ASK, UH, THE, OUR NEXT NEIGHBOR TO SPEAK.
SO WE, WE HAVE NO SPEAKERS IN IN OPPOSITION.
I'M JUST SENSITIVE TO, WE'D HAVE TO DOUBLE WHATEVER TIME WE, WE USE.
IF YOU GUYS COULD BE SENSITIVE TO TIME, WE SAID 10 MINUTES, WE PROBABLY USE 15, BUT
[02:25:03]
IF YOU'D LIKE TO SPEAK, PLEASE DO.THIS IS OUR NEXT I'D LIKE TO SPEAK.
PLEASE STATE YOUR NAME AND YOUR ADDRESS.
HELLO, MY NAME'S STEVEN WORSHAM AND I'M THE NEXT DOOR NEIGHBOR AT 40 11 TURTLE CREEK.
UM, MY WIFE AND I, UH, PURCHASED THAT PROPERTY NEXT DOOR ABOUT A YEAR AND A HALF AGO.
AND IN OUR EARLY PROCESS OF, YOU KNOW, CONSIDERING THE HOUSE TO PURCHASE, WE CAME TO SEE, UM, THE CREW NEXT DOOR ERECTING, UH, WHAT I THINK IS A FABULOUS STRUCTURE AND SEEING THOSE PLANS AND WATCHING FOR THE PAST YEAR AND A HALF HOW THIS IS PROGRESSING.
UH, I WHOLEHEARTEDLY SUPPORT IT.
I THINK IT ENHANCES MY PROPERTY VALUES.
I THINK IT IS, UH, AN IMPORTANT STATEMENT, RESIDENCE AT THE BEGINNING OF THE TURTLE CREEK CORRIDOR.
AND I, I, I THINK THE, THE RENDERINGS, UH, SHOW WHAT A, WHAT A NICE PIECE THAT WILL BE.
UH, THIS, THE CASE PROPERTY DOES HAVE SOME UNIQUE FEATURES.
I THINK AVONDALE AND TURTLE CREEK ARE, AS THEY MENTIONED, VERY, VERY BUSY STREETS.
UH, A LOT OF TRAFFIC, TWICE A DAY, FIRE ENGINES AT NIGHT ON, UM, AVONDALE.
SO I CERTAINLY UNDERSTAND, UH, THEIR WISH TO HAVE A TALLER STRUCTURE TO HELP WITH NOISE ABATEMENT.
CERTAINLY WITH SECURITY AND, AND, AND PRIVACY AS WELL.
UM, I HAVE SEEN THESE PLANS AND WATCH THIS STRUCTURE EVOLVE.
I KNOW THAT WHEN THESE, UH, GENTLEMEN BEHIND ME GET THROUGH, I EVEN BEFORE, UH, I PURCHASED, I ASKED COULD THEY CONTINUE SOME OF THE, UH, SAME CHARACTER INTO DESIGNING SOMETHING TO GO IN FRONT OF MY HOUSE.
AND RIGHT NOW, I'M THE ONLY ONE ON THAT TURTLE CREEK BLOCK WITH, WITHOUT A FENCE.
AND I, I HOPE TO CHANGE THAT SOMEDAY.
UM, I, I, I THINK IT, IT REALLY WILL BE AN ASSET TO THE COMMUNITY AND THE, THE, THE, UH, REQUISITIONS THAT THEY'RE MAKING SEEM, SEEM VERY REASONABLE TO ME AND MY WIFE AND I SINCE WE ARE THE, I GUESS YOU COULD ARGUE MOST AFFECTED PROXIMITY WISE, WE'RE BOTH VERY MUCH IN FAVOR OF THE, UH, PROPOSALS.
EITHER COMMITTEE, I'LL, I'LL KEEP IT BRIEF.
UH, BUT I WANTED TO SPEAK MORE SPECIFICALLY THAT I'M ALSO A MEMBER OF THE QUAN COMMITTEE, AND EVEN MORE SPECIFICALLY, A SUBSET OF THE REVIEW COMMITTEE THAT, UH, REVIEWS ALL PROPOSALS THAT COME BEFORE THE OAK LAWN COMMITTEE.
THIS PROJECT CAME BEFORE US THREE WEEKS AGO.
UM, WE COULD HAVE DENIED THIS.
UM, WE COULD HAVE ACCEPTED IT.
UH, IN THE END, AFTER CONSIDERING ALL THE FACTS, WE DECIDED TO TABLE IT AND, AND MOVE IT OVER TO YOU ALL SAYING THAT IT, IT WASN'T IN OUR PURVIEW TO REVIEW IT, BUT WE LIKED THE PROJECT.
UM, AND I WOULD JUST SAY THAT, THAT I USE WHITE CLIP EVERY DAY.
I'VE HAD FOUR HOMES IN THIS NEIGHBORHOOD.
I USE WHITE CLIPP EVERY DAY, AND I ALSO USE AVONDALE EVERY DAY.
UM, THOSE ARE BOTH LIKE MAJOR ARTERIES.
THEY'RE BOTH THREE LANES AND THEY'RE, THEY'RE BUMPER TO BUMPER EVERY DAY.
UM, AND IT'S INTERESTING THAT BOTH AVONDALE AND ON THE OTHER END, THE BOOKEND STREET TO, UH, WHITECLIFF, THERE ARE 10 FOOT WALLS ON BOTH OF THOSE PROPERTIES, ON BOTH ENDS.
SO ON BOTH OF THOSE STREETS, AND THEN ALL OF THE HOMES ALONG TURTLE CREEK DOWN THERE, EXCEPT FOR THIS NEIGHBOR, I BELIEVE THEY ALL HAVE TALL WALLS IN FRONT OF 'EM.
SO THIS ONE BLOCK, IF YOU LOOK AT IT, WOULD NOT BE OUT OF THE NORM FOR WHAT'S GOING ON ON, ON THAT BLOCK.
THAT'S, UH, ALL I'D LIKE TO SAY.
UM, WHO IS SHELLY POTTER? SHELLY POTTER'S THE PRESIDENT OF THE QUAN COMMITTEE.
DOES SHE HAVE, WHAT'S THE RIGHT WORD? THE MANDATE TO SPEAK FOR THE COMMITTEE? SHE'S WRITTEN A LETTER ON BEHALF OF THE COMMITTEE IN OPPOSITION.
OH, SHE WROTE IT IN OPPOSITION? YES.
THAT'S INTERESTING CUZ WE DIDN'T
[02:30:01]
VOTE THAT NIGHT ON THAT.WELL, UH, I'LL READ IT TO YOU IF YOU DON'T.
THE OAK LAWN COMMITTEE VALUES THE OPPORTUNITY TO PROVIDE NEIGHBORHOOD REVIEW OF VARIANCE REQUESTS.
WE FULLY APPRECIATE THE DIFFICULT DECISION YOUR CLIENTS ARE FACED WITH.
THIS IS APPARENTLY WRITTEN TO MR. REEVES ON, UH, JUNE 7TH.
UH, UH, FULLY APPRECIATED DIFFICULT DECISION.
UM, BUT WE HAVE TO ASSESS THE PROJECT AS IF YOU ARE SEEKING VARIANCES FROM PD 1 93 REQUIREMENTS, WHICH YOU ARE.
YEAH, IT'S IN, UH, WE CANNOT SUPPORT A PROJECT THAT VIOLATES REQUIRED FRANK YARD SETBACKS AND WALL FENCE HEIGHTS AS CURRENT PROJECT DOES.
THUS, WE DO NOT SUPPORT REQUESTS FROM BOA RELIEF.
ALSO HAVE A LETTER IN OPPOSITION FROM CRICKET GRIFFIN.
UM, SO I, I SUPPOSE THE QUESTION IS, ARE THESE PEOPLE AUTHORIZED TO SPEAK FOR THE ENTIRE COMMITTEE? THOSE PEOPLE ARE, WELL, ACTUALLY CRICKET WOULD NOT BE, UM, SHE'D PROBABLY BE A NEIGHBOR SINCE SHE LIVES CLOSE TO THE PROPERTY.
BUT, UH, SHELLY POTTER WOULD BE THE ONLY SPOKESPERSON FOR THEIR COMMITTEE.
AND I KNOW THAT THAT NIGHT WHEN WE TOOK THE VOTE, WE TABLED IT AND SAID IT WASN'T APPROPRIATE TO COME TO OUR COMMITTEE.
BUT, SO I, YOU KNOW, SHE, THAT'S WHY I'M ASKING.
SHE MAY BE WRITING, SHE'S WRITING ON LETTERHEAD.
SO I I I, YEAH, SHE IS THE ONLY SPOKESPERSON FOR THE KELLY WITH ME.
SO, UH, UM, YEAH, SHE IS THE OFFICE SPOKEPERSON FOR THE COMMITTEE.
UM, I ONLY, THE REASON I KNOW SO MUCH ABOUT THE PROPERTY IS CUZ BECAUSE I'M ON THE REVIEW COMMITTEE AND I HAD TO GO OVER THERE AND SPEND A LOT OF TIME WITH YOU.
ANY OTHER QUESTIONS? ALL RIGHT.
EVERYBODY HAS A RIGHT TO THREE MINUTES.
I LIVE AT 41 43 BUENA VISTA STREET.
I'M THE PRESIDENT OF THE HOMEOWNERS ASSOCIATION AND, UH, REPRESENTING THEM THE ENTIRE ASSOCIATION.
I'M ALSO A MEMBER OF THE OKLAHOMA COMMITTEE.
WHICH HOMEOWNER'S ASSOCIATION? IT'S 41 43 BUENA VISTA.
SO YOU HAVE LIKE YOUR OWN HOMEOWNER'S ASSOCIATION AND YOUR ONE ADDRESS? WELL, WE HAVE ALL UNITS WITHIN THE OH, OKAY.
SO WE JUST RUN CAUSE THAT'S PRETTY HARD START MY OWN HOMEOWNERS.
UM,
UM, I, UH, I HAVE SEEN AND, AND SPOKEN IN GREAT DETAIL TO THE DEVELOPER AND ALSO THE HOMEOWNER.
UM, I'VE SEEN RENDERINGS OF THE COMPLETED PROJECT.
UNFORTUNATELY, WHAT YOU WERE SHOWN WERE JUST, UH, CURRENT PHOTOS OF A CINDER BLOCK WALL.
THESE GONNA BE COVERED IN STUCCO, UH, HEAVY LANDSCAPING, QUITE A LOT, QUITE EXTENSIVE.
UH, ALSO VINES PROBABLY GROWING UP THE WALL.
UM, I THINK IT'S JUST GONNA BE A, AN ADDITION TO THE, THE COMMUNITY.
WE DRIVE BY IT EVERY SINGLE DAY.
AND, UH, IT'S UNDERSTANDABLE, IT'S WITH IT BEING SO HEAVY IN TRAFFIC THAT SOMEONE WOULD WANNA CONSTRUCT A WALL OF THAT, THAT SIZE.
NOW THIS WAS PERMITTED BY THE CITY, SO THEY BUILT IT AND NOW THE, THE PERMIT HAS, UH, HAS EXPIRED.
SO THEY'RE REQUESTING, UH, THE RENEWAL OF THAT PERMIT.
I'M SORRY, THE PERMIT HAS EXPIRED, NOT ISSUED AN ERROR? BOTH, BOTH.
I THINK HE'S, THE, THE, FOR THE POOL THAT WAS ISSUED AN ERROR FOR THE FENCE, THAT ONE EXPIRED, BUT IT WAS FOR A DIFFERENT, UM, THAT WAS FOR A EIGHT FOOT FENCE OR EIGHT AND A HALF FOOT FENCE.
IT WAS, IT'S NOT FOR THIS, IT'S NOT FOR THIS FENCE THAT THEY'RE PROPOSING NOW OR THIS WALL.
SO, SO THE, LET'S, WHILE WE'RE TALKING, I'M GOING OFF MEMORY HERE.
SO THE POOL PERMIT WAS ISSUED AND HAS EXPIRED? NO, SIR.
THE POOL PERMIT HAS BEEN ISSUED.
DID NOT EXPIRE, BUT IT WAS ISSUED IN ERROR.
THEY, I BELIEVE THEY HAD A BOARD CASE.
IT WAS APPROVED FOR A EIGHT AND A HALF FOOT FENCE.
AND THEY WENT, THEY GOT PERMITTED, BUT IT EXPIRED.
YEAH, THAT'S, THAT'S OUR PRIOR CASE HISTORY HERE.
CUZ YOU'VE GOT, I CAN'T REMEMBER HOW MANY MONTHS TO, TO ACTUALLY BUILD IT.
WELL, FROM WHAT I'VE SEEN, THEY BOTH BEEN BUILT.
IT'S JUST A MATTER OF COMPLETING THE STUCCO PORTION OF IT.
MAYBE SOME ADDITIONS TO THE, THE, THE TOP OF THE FENCE.
SO IT, IT'D BE ONE, BUT IS THAT THE FENCE THAT WE'RE TALKING ABOUT HERE? OR, OR ARE YOU TALKING ABOUT A DIFFERENT FENCE? I MEAN, I,
[02:35:03]
SOMEBODY SAID IT'S EXPIRED.SOMEBODY SAID IT HADN'T BEEN BUILT.
PLEASE STATE, MY NAME IS BRIAN.
HELLO, MY NAME'S, UH, BRIAN GONZALEZ.
I'M WITH ART LANDSCAPE DESIGNS AND, UH, ADDRESS, UH, PROJECT MANAGER ON THE, ON THE JOB, UM, ADDRESS, SORRY, UH, 22.
UM, GOSH, I'M, I'M A LITTLE NERVOUS.
IT'S 57 27 GASTON AVENUE, APARTMENT TWO 17, DALLAS, TEXAS 75 2 14.
UM, SO THE, THE ORIGINAL, UM, PERMIT, UH, FROM, FROM PREVIOUS COMPANY, UM, IT WAS APPROVED AT EIGHT FOOT ONE INCH.
I CAN'T REMEMBER THE EXACT SLIDE NUMBER.
UM, BUT ONE OF THE SLIDES ON THE PRESENTATION IS INACCURATE.
IT CLAIMED THAT THERE WAS A NINE FOOT WALL THAT WAS, UM, APPROVED AND THAT IS INACCURATE.
UM, IT WAS EIGHT FOOT, UH, EIGHT FOOT SIX INCHES.
BUT THAT WAS OUR PRIOR BOARD ACTION.
SO THE, THE PERMIT THAT I HAVE HERE, UH, PERMIT 2 1 0 7 3 0 1 0 2 7, UH, ISSUED, UH, AUGUST 6TH, 2021.
PERMIT NUMBER 2 2 2 1 5 1 0 4 0.
UM, THAT WAS ISSUED TO TERESA MCCABE YES.
AND THAT THERE, I BELIEVE WAS, WAS APPROVED FOR EIGHT FOOT, UH, LEMME LOOK.
UM, WHAT DOES IT SAY HERE? SORRY.
WHERE IS IT? WHERE DOES IT SAY, IT DOESN'T SAY IT ON HERE.
UM, I HAVE, I HAVE A COPY OF THE PERMIT NUMBER AND THE CONTRACTOR'S AUTHORIZATION AND, UM, BUT YEAH, IT IS INTERESTING THAT IT DOES NOT SHOW THE HEIGHT ON THERE.
WELL, THAT'S, IT'S FOR RETAINING WALL, CORRECT? IT, IT, THERE'S BEEN, THERE'S BEEN, UM, IT, IT, IT, IT SEEMS LIKE THIS HAS BEEN, UM, FIRST PUSHED AS A RETAINING WALL AND THEN FOR WHATEVER REASON WHEN, UH, IT WAS APPLIED FOR AN ADDITIONAL FOOT OF NINE FEET, UM, IT WAS APPLIED AS A FENCE.
UM, OKAY, SO WE'RE HERE ABOUT A FENCE.
IT IS ABOUT A FENCE THAT HAS NOT BEEN PERMANENT.
THIS FENCE THAT WE'RE TALKING ABOUT NOW IS, I BELIEVE IS IN CUSTOMER TIME.
IS WHAT? IN CUSTOMER TIME YOU DID SUBMIT FOR PERMIT FOR THIS ONE? YES.
I'M, YEAH, WE, WE DID, WE DID, UH, COME ON A SATURDAY TO TRY AND APPLY FOR IT.
AND, AND WE WERE TOLD THAT, THAT WE NEEDED TO COME THROUGH THIS PROCESS.
SO WHAT I SHOW IN THE SYSTEM, IT'S JUST SPINNING AROUND HERE, BUT WHAT I SEE HERE IS IN, UM, WHAT, APRIL, 2022 YOU CAME IN FOR A FENCE PERMIT.
IS THAT THE ONE THAT WE'RE TALKING ABOUT? YES.
WHAT WE SEE HERE IS A SWIMMING POOL, A RETAINING WALL.
IS THAT DIFFERENT THAN FENCE? I BELIEVE SO.
A SINGLE FAMILY DWELLING, RETAINING WALL.
THOSE ARE THE THREE THAT WE HAVE.
SO I, I JUST, I WAS CONFUSED WHEN, WHEN YOU SAID THE PERMIT HAD EXPIRED.
AND I, I JUST, AND THAT WAS THE REASON OF ME COMING UP, IS I JUST WANTED TO CLARIFY THAT, THAT THAT SLIDE WAS INACCURATE.
AND, UM, AND ANY OTHER QUESTIONS Y'ALL HAVE FOR ME? ANY QUESTIONS, MS. POWELL? I DON'T KNOW TO WHOM THIS SHOULD BE ADDRESSED, BUT I HAVE A PARTICULAR INTEREST IN THAT TRIANGULAR, THE SLIDE THAT WAS JUST UP IN THAT TRIANGULAR SECTION RIGHT AT THE CORNER.
WE SAW SOME SLIDES OF EVERY OTHER VIEW, EXCEPT THAT, CAN YOU TELL ME, ARE THERE ANY WALLS AROUND THAT? SO, UM, AND I, AND I DO HAVE A, A, A FULL SIZE PLAN HERE THAT WE'RE HAPPY TO SHARE WITH YOU THAT, UM, IT DOES SHOW ALL THE, THE VISIBILITY TRIANGLES AND, UH, AND HOW ALL OF OUR WALLS ARE, UH, WITHIN THOSE, THOSE CONFINES, HOW HIGH ARE THOSE WALLS ON THAT TRIANGULAR SECTION? UM, IT IS, IT IS, UM, NO MORE THAN FOUR FEET IN HEIGHT, BUT IT IS NOT WITHIN THE, THE VISIBILITY TRIANGLE.
THERE, THERE'S A, THERE'S NO WALLS IN THE VISIBILITY TRIANGLE.
SO YOUR TALL WALLS, THE 10 FOOT WALLS BEGIN ON THE WEST SIDE OF THE DRIVEWAY, OR THE, I GUESS
[02:40:01]
I CALL IT A DRIVEWAY.AND THE TRIANGULAR SECTION ONLY HAS FOUR FOOT WALLS? YES.
BUT LIKE I SAID, THE WALLS ARE, ARE NOT IN THE VISIBILITY TRIANGLE AREAS.
BUT AREN'T THOSE ACCORDING TO THE MAP RIGHT ON YOUR PROPERTY LINE OR RIGHT BY THE, ISN'T THERE A MINIMUM HEIGHT BEFORE IT QUALIFIES FOR VISIBILITY PROBLEMS? DOESN'T HAVE TO BE ABOVE FOUR FEET.
BUT AT ANY RATE, THAT'S NOT WHY WE'RE HERE.
BUT I JUST WANNA KNOW, I DON'T WANT ANY 10 FOOT WALLS.
I WANNA KNOW HOW TALL THOSE ARE.
MR. CHAIRMAN, THIS IS, UH, MR. ARMS. HE'S THE, UH, OWNER OF THE LANDSCAPE COMPANY.
I'LL LET HIM ANSWER THAT QUESTION.
JUST MAKE SURE YOU SAY YOUR ADDRESS.
MY NAME IS SAM ARTS, AND MY, UH, ADDRESS IS 8 3 31 NUNLEY LANE.
THEY DON'T MAKE THAT MICROPHONE FOR TALL PEOPLE.
MY NAME IS SAM ARTZ AND MY ADDRESS IS 8 3 31 NUNLEY LANE.
DO YOU HAVE ANY QUESTIONS OR WAS I, MS. PAUL? OH, I THOUGHT, I THOUGHT I WAS JUST TRYING TO HELP OUT WITH SOME OF THE QUESTIONS THAT YOU WERE ASKING MY COLLEAGUE, MS. PAUL.
I I ASKED WHERE THAT WALL ON THAT TRIANGULAR SECTION IS BUILT.
HOW CLOSE IS IT TO ANY OF THE LINES IN THE SIDEWALK OR THE STREET? UH, WE HAD IT SET RIGHT BEHIND THE, THOSE LINES.
SO IT'S ON THE PROPERTY AND IT IS, UH, WITHIN THE CONFINES.
IT'S, IT'S IN THE WHAT? WITHIN THE CONFINES OF THE, UH, REGULATIONS.
SO WE DREW OUT THE TRIANGLES, THE VISIBILITY TRIANGLES, AND KEPT IT BEHIND THAT.
SO TOWARDS THE DRIVEWAY, NOT TOWARDS THE STREET.
AND THE WALL'S ONLY FOUR FEET TALL.
SO WE ANGLED IT DOWN TOWARD WHERE, UH, YOU, AS YOU DRIVE UP AVONDALE AND, UH, TURTLE CREEK, YOU CAN SEE SEASONAL COLOR IN THE, WE'RE DOING A KNOCK GARDEN TYPE.
AND YOUR TALL WALLS AGAIN BE DON'T BEGIN UNTIL IT'S ON THE WEST SIDE OF YOUR, OF THE DRIVE THAT CUTS THROUGH.
UH, VICE JAG, MAY I ASK A QUESTION? UM, FIRST, MR. REEVES, I THOUGHT YOU HAD A, A RENDERING IN YOUR POWERPOINT PRESENTATION OF THE LOOK DOWN AVONDALE THAT MIGHT BE ABLE TO ADDRESS MS. POLLOCK'S QUESTION OF WHAT THOSE WALLS LOOK LIKE, IF I RECALL.
AND SO WAL, UM, WHOMEVER IS ABLE TO BRING THAT UP SO SHE CAN, UH, INQUIRE FURTHER.
AM I, AM I CORRECT TO UNDERSTAND THEN THAT THERE IS NO, THE, THE TRIANGLE THAT WE'RE DISCUSSING, WHICH IS EAST OF THE DRIVEWAY, UM, DOESN'T ACTUALLY NEED ANY RELIEF FROM US, THAT THAT IS ABLE TO BE DONE AS PROPOSED WITHOUT ANY DETERMINATION FROM US ABOUT A VARIANCE OR SPECIAL EXCEPTION? FOR PURPOSE OF THE RECORD, I NEED SOMEBODY TO SAY YES AUDIBLY.
HOW FAR BACK AM I GOING? SLIDE 15.
SORRY, THIS IS DEFINITELY WHAT I WAS THINKING ABOUT, BUT, UH, WHAT THE REASON I ASKED THEM TO PULL THIS UP IN CONNECTION WITH, UM, MS. POLLOCK'S QUESTION, WAS IT THE RENDERING WOULD SUGGEST THERE'S A LARGE DISCREPANCY BETWEEN THE WALL HEIGHT WEST OF THE DRIVEWAY AND THE WALL HEIGHT EAST OF THE DRIVEWAY.
AND THEN WE GOT THE CONFIRMATION THAT THE, UM, WALL EAST OF THE DRIVEWAY AND THAT TRIANGLE, UH, IS NOT ESSENTIALLY SUBJECT TO ANY OF REQUESTED RELIEF HERE, UH, TODAY.
AND THEN I GUESS ONE LAST QUESTION, UH, FOR MR. REEVES, I'M CORRECT THAT THE, UM, SUBMITTED SITE PLAN WERE
[02:45:01]
WE TO, UM, APPROVE ANY OF THE REQUESTS, UH, THE, THE PROPOSED LANDSCAPING IS ON THAT SITE PLAN SUCH THAT THE YES, ABSOLUTELY.JUST MAKE SURE EXISTING TREES AND PROPOSED LANDSCAPING PAVING, WE'RE COMMITTING TO THAT SITE PLAN IF YOU APPROVE US.
WELL, THERE WAS A 10 SLIDE 10.
IS THAT WHAT YOU WANT? LISTEN, I'M, I'M SORRY.
I DIDN'T MEAN TO INTERRUPT YOU.
YOU, YOU WERE ASKING ABOUT HOW HIGH IT WAS.
I THINK WE DECIDED IT WAS FOUR FEET.
SO PLEASE CONTINUE ON SLIDE NUMBER 15.
IT SHOWED SOME LANDSCAPING OF PRETTY ER 17 RATHER.
I THINK WE SEE SLIDE NUMBER 17.
NOW THAT YOU CAN'T SEE FROM TURTLE, YOU CAN'T SEE THAT'S INSIDE THE 10 FOOT WALL.
SO NO ONE WILL SEE THAT EX UNLESS YOU GO UP YOUR STAIRS INTO THE CORRECT.
JUST HOMEOWNERS OR WHOEVER THEY INVITE IN THERE? CORRECT.
SO THAT WILL NOT BE SEEN FROM THE STREET.
WHAT WE'LL BE SEEN FROM THE STREET IS THERE'S THE FRONT, IF YOU GO BACK TO THE ONE THAT ACTUALLY HAS THE, UH, RAISED CONCRETE WALL, UH, THE RADIUS WALL THAT'S GONNA HAVE SEASONAL COLOR RUNNING THE LENGTH OF THAT RADIUS WALL, UH, AS WELL AS GREENERY AND AS WELL AS IV ON THE WALL.
SO WILL THE, THE WALLS YOU SAY ARE GOING TO BE STUCCOED, WILL THERE BE ANY KIND OF CLIMBING GREENERY VINES OR ANYTHING ON THE WALLS? ABSOLUTELY, YES.
THEY WANT TO KEEP THE, UH, ARCHITECTURAL INTEGRITY, UH, THROUGHOUT THE LANDSCAPING.
SO EVEN THE IRON WORK, WE'RE GOING TO, UH, PATINA EVERYTHING AND MAKE IT LOOK LIKE IT WAS DONE IN THE 1930S.
UM, I MEAN, DOWN TO DETAILS FROM THE RESIDENCE THAT WERE ACTUALLY GOING TO, UH, DRILL INTO THE STUCCO WALLS.
SO THERE'S THESE KEY HOLES THAT ARE KIND OF VERY UNIQUE ABOUT THE HOUSE AND, UH, THE TILE DETAILS AND YEAH, I MEAN, EVERYTHING THAT WE COULD POSSIBLY THINK OVER IN THE LAST TWO AND A HALF YEARS TO MAKE SURE THAT IT LOOKS LIKE IT WAS DONE AS CLOSE TO TIME PERIOD AS POSSIBLE IS WHAT WE'RE DOING.
YOU MAY OR MAY NOT BE THE CORRECT PERSON.
UM, THE LANDSCAPING YOU ARE DOING IS, IS THAT REQUIRED BY THE PD? ARE YOU DOING SOMETHING ABOVE AND BEYOND? UM, ARE YOU PLANTING 20 FOOT TREES? YES, WE ARE.
SO YOU, I, I WOULD SAY, TO ANSWER YOUR QUESTION, YOU'RE NOT HERE FOR A LANDSCAPING SECTION.
I REMEMBER, UH, PD 1 93, UH, THREE OR FOUR INCH CALIBER TREES GET YOU, I, I DON'T KNOW HOW CALL THAT IS.
THESE ARE STARTING OUT 20 FOOT HIGH.
AND OBVIOUSLY THESE ARE VERY MATURE TREES ACROSS THE STREET NEXT TO THAT KATY COMMUNITY.
NO TREES OVER HERE, AND WE'RE TRYING TO GET THAT GOING WITH PLANTING 20 FOOT HIGH TREES.
THAT ANSWER YOUR QUESTION? WELL, WHEN YOU SAY PLANTING TO, THEY'RE GONNA BE 20 FEET ISH WITH WHEN, WHEN THEY GO ON THE GROUND? YES.
WELL, TO ANSWER MY QUESTION, YEAH.
I WAS JUST GONNA ALSO ADD THAT, YOU KNOW, WE, WE'VE, WE'VE BEEN EMAILING WITH, UH, THE CITY ARBORIST TO MAKE SURE THAT WE'RE IN COMPLIANCE WITH THE TREE SELECTION.
UM, THE, THE MINIMUM, UH, CANOPY, YOU KNOW, FROM THE TOP OF ROOT BALL TO THE BOTTOM OF THE CANOPY.
MAKE SURE THAT WE'RE MEETING THAT, UM, NO, YOU, YOU'RE NOT ASKING US FOR RELIEF FROM THAT, SO, OKAY.
YEAH, JUST QUESTION FROM MR. REEVES, JUST ZEROING IN ON THE HARDSHIP PIECE OF THIS, UM, YOU KNOW, I, I APPRECIATE YOU, UH, DEVOTING SO MUCH OF YOUR PRESENTATION TO THAT.
JUST TO MAKE SURE THAT I'M GETTING IT PROPERLY.
YOU'RE FOCUSING IN ON THE EXISTING TREES AND THE, THE STRUCTURE THAT'S THERE AS CREATING THE HARDSHIP, OPO, THE, IT'S, UH, THE SITE'S A LITTLE IRREGULAR.
THERE'S AN EIGHT FOOT, UH, DROP FROM ONE END OF THE SITE, TOCHAR CREEK BOULEVARD.
IT OBVIOUSLY GOES DOWN TOWARD THE CREEK.
UH, THE SETBACKS, 25 FOOT SETBACKS ON TWO STREETS.
[02:50:02]
WE PRESERVED EVERY TREE THAT'S THERE, YOU KNOW, SO THEY, THE OPPORTUNITY TO PUT IN A POOL GETS NARROWER AND NARROWER.THEN YOU HAVE A DRIVEWAY, AND THEN YOU'VE GOT THE FOUNDATION.
WE HAVEN'T, WE'RE REMODELING THE HOUSE.
WE'RE NOT STARTING FROM GROUND ZERO.
WE'RE TRYING TO RESTORE THE CHARACTER, THE ORIGINAL CHARACTER OF THE 1938 HOUSE.
CAN I ASK, SORRY, JUST TO FOLLOW UP, UM, THE CHANGE IN SLOPE, CAN YOU SPEAK TO, YOU KNOW, HOW THAT, WHY THAT RELATES TO THE FENCE? UH, OKAY, GO AHEAD.
I MEAN, I, I THOUGHT I WAS STICKING TO THE
I WOULDN'T SAY IF YOU'RE, UM, FROM, FROM, UH, THE HOMEOWNER'S POINT OF VIEW, UM, IF YOU EVEN JUST STEPPING OUT OF THEIR FRONT DOOR, UM, YOU'RE LOOKING DOWN, UM, EVEN, EVEN IF YOU, THE PICTURE THAT YOU SAW WITH THE WALL HEIGHT THAT'S ALREADY THERE, IF YOU'RE STANDING DOWN, UM, ON TURTLE CREEK AT THE SIDEWALK, IT DOES LOOK, YOU KNOW, A, A BIT TALL.
UM, BUT IF YOU ARE, UM, LOOKING FROM THE HOUSE LOOKING DOWN, UM, YOU STILL CAN, YOU KNOW, SEE AND HEAR TRAFFIC.
UM, IT'S JUST, THERE, THERE IS A, LIKE, LIKE HE POINTED OUT, IT'S A EIGHT FOOT, UH, DIFFERENCE, UH, FROM THE FRONT DOOR DOWN THE TURTLE CREEK.
SO, UM, E EVEN THOUGH THE, THE, THE WALL HEIGHT THAT WE ARE, UH, REQUESTING, UH, IS 10 FEET, IT'S STILL, UH, FROM THEIR POINT OF VIEW, IT'S, IT'S REALLY NOT THAT MUCH.
UH, QUICK, WHAT IS THE CALCULATION BASED ON GRADE AS WE, WE DICTATE, FOR EXAMPLE, UH, AS I RECALL, IT HAS SOMETHING TO DO WITH WHAT YOU TAKE THE AVERAGE GRADE.
UM, FOR, FOR FENCES IT SAYS FENCES, FENCE HEIGHTS SHALL BE MEASURED FROM, AND THEN SINGLE FAMILY, CUZ PD 180 3, THIS REVERTS BACK TO R SEVEN FIVE.
UM, THE TOP OF THE FENCE TO THE LEVEL OF THE GROUND ON THE INSIDE AND OUTSIDE OF ANY FENCE WITHIN THE REQUIRED FRONT YARD, THE FENCE SIDE SHALL BE THE GREATER OF THESE TWO MEASUREMENTS.
SO FROM THE INSIDE AND THE OUTSIDE OF MEASUREMENT, THEY TAKE THE GREATEST OF THE TWO, THE INSIDE AND THE OUTSIDE OF THE FENCE.
SO IN A CASE, LET'S SAY YOU HAD A LOT WITH A 20 FOOT HILL.
SO THE, AND AT THE BOTTOM YOU HAD A FENCE THAT WAS 20 FEET UP.
HOW HIGH WOULD THE BE? THE GRADE THAT FENCE TO BE TO THE, TO THE TOP WOULD BE WHAT? FROM THE GRADE TO THE TOP OF THE FENCE? THE BOTTOM GRADE, THE LOWEST POSSIBLE GRADE.
SO IN HIS CASE, HE'S SAYING IT A NINE FOOT SLOPE.
SO FROM THE, HOW HIGH IS THIS FENCE FROM THE STREET SIDE? IT COULD MEASURE EIGHT FEET, BUT IF ON THE, ON THE, IN THE INSIDE, IF IT'S LOWER, WE'RE GONNA MEASURE IT FROM THE, YOU MEAN THE IN INSIDE THE, IN THE INSIDE OF THE PROPERTY OF THE FENCE.
SO THEY LIKE AT THE CENTER OF THE PROPERTY.
RIGHT ON THE OTHER SIDE OF THE FENCE.
THIS IS THE INTERIOR, THE LOT THE INSIDE YOUR PROPERTY.
SO IF THIS IS HIGHER THAN THIS SIDE, WE'RE GONNA TAKE THIS MEASUREMENT.
SO YOU'RE GONNA TAKE THE HIGHEST POINT.
NO, NO, WE'RE NOT GONNA AVERAGE.
AND THIS IS GONNA GO FROM GRADE TO THE TOP OF THE FENCE.
SO IN TERMS OF WHAT IS NOT ON, IF I, LET'S JUST SAY, WELL, BY CODE, WHAT WOULD THEY BE ALLOWED TO DO BASED ON WHERE THEY WANNA BUILD THE FENCE? WHEN I SAY, HOW HIGH CAN THAT FENCE BE? I GUESS WHAT I MEAN IS IF YOU TOOK THE FULL BOARDS OF THE FENCE, LAID THEM DOWN, HOW LONG WOULD THEY BE? THEY COULD CONSTRUCT A NINE FOOT FENCE UP TO A NINE FOOT FENCE.
BECAUSE THERE'S A NINE FOOT GRADE.
NO, THE, THE FENCE HEIGHT, IT SAYS A PERSON SH A PERSON SHALL NOT ERECT OR MAINTAIN A FENCE IN A REQUIRED YARD MORE THAN NINE FEET ABOVE GRADE.
SO I GUESS I'M TELLING WHERE IS GRADE.
MAYBE THAT'S THE BEST ON, ON HIS PROPERTY.
[02:55:01]
BUT SOMEWHERE IN HERE I KNOW BECAUSE THEY TOLD ME TOP TO BOTTOM IS NOT LOOK AT THEIR ELEVATIONS.AND THAT SHOULD SHOW YOU WHERE THE, HOLD ON
UH, I'M DEALING WITH PAGE NUMBERS.
HERE THEY ARE OUTSIDE OF WALL.
THE WALL ALSO, UH, VARIES IN HEIGHT.
SO WE'RE NOT REALLY, IT'S NOT A UNIFORM 10 FOOT.
A LOT OF THE WALL HEIGHT IS SEVEN FOOT SIX, EIGHT FOOT, UH, AND SOME LOWER.
THE ONLY PLACES THAT ARE, THAT ARE HITTING 10 FOOT, UM, AND IT'S JUST BARELY IS IN A FEW, UH, AREAS THAT IT REQUIRES US TO GET TO THAT HEIGHT.
UM, BUT THAT WAS NEVER THE INTENTION WAS TO BUILD A 10 FOOT, YOU KNOW, GIANT STRUCTURE.
SO, SO IT ACTUALLY LOOKS LIKE YOU'RE STEPPING YOUR FENCE DOWN AS THE SLOPE GOES DOWN.
WE, WE OFTENTIMES SEE THE OPPOSITE.
BUT WHAT I'M ULTIMATELY TRYING TO GET MY HEAD AROUND IS WHAT IS A 10 FOOT FENCE ON A NINE FOOT SLOPE, FOR EXAMPLE? IT'S ABOUT SIX AND A HALF FEET.
IF YOU'RE INSIDE OF THEIR PROPERTY, I'VE GOT PHOTOS OF ME STANDING IN THEIR PROPERTY ACROSS IT, AND MOST OF THE TIME MY HEAD'S YEAH, RIGHT UNDERNEATH THE CAP
IS GONNA FEEL LIKE IT'S HIGH, RIGHT? OH, ABSOLUTELY.
ON THE PROPERTY IS GONNA FEEL LIKE IT'S LOW.
WE CATCH OURSELVES EVEN TO THIS DAY.
AND IF I MIGHT ADD LIKE, SOME OF THE AREAS WHERE, WHERE, UH, SAM WAS TALKING ABOUT WHERE THE WHOLE WALK, THE WHOLE FENCE IS NOT 10 FEET.
THERE'S JUST CERTAIN AREAS AND, UH, TO, TO MAKE HIS, HIS YARD MORE USABLE.
SO IT'S JUST NOT LIKE WE EXPLAINED THERE'S A SLOPE, SO WE'RE TRYING TO LEVEL OUT THEIR BACKYARD AND, AND CONSEQUENCE OF LEVELING IT OUT, YOU GET A FEW MORE HIGH POINTS IN THAT WALL.
THAT BRINGS ME TO A QUESTION REGARDING THE CIRCULAR, THE CURVE SECTION OF THE WALL.
THAT IF YOU'RE LEVELING OUT THE YARD TO MAKE IT LEVEL AND YOU BUILD 10 FEET ON TOP OF THAT, THAT'S GOING TO BE, WHAT, 20 FEET TALL? NO, AND THAT'S, THAT, THAT'S, UM, THE 10, THE, THE, THE WALL MIGHT BE 10 FEET, BUT IT'S ON TOP OF THE GRADE THAT YOU'VE INCREASED BETWEEN THE FEET.
I MEAN, SO THAT'S A WALL ON TOP OF YOUR NINE FOOT GRADE AND YOU'RE SITTING AT THE BOTTOM OF THE NINE FOOT GRADE, YOU'D SEE 19.
BUT, AND ON THAT ONE, UH, WE STARE, WE DID A RAISE PLANTER FIRST, AND THEN WE'RE DOING PLANTINGS IN THAT TO HELP SOFTEN IT.
AND THEN FROM THAT POINT TO THE ACTUAL RADIUS WALL, UH, HEIGHT, THAT ONE IS I THINK NINE FOOT NINE.
SO ARE YOU MAKING THE ARGUMENT THAT PART OF THIS IS A RETAINING WALL AND THEN ON TOP OF THAT IS, UH, YES.
I MEAN WE, WE ARE HAVING TO RETAIN, SO THAT OAK, IF YOU CAN, IF YOU SEE WHERE THE RADIUS WALL IS, WHERE THE OAK HITS THE GROUND IS WHERE WE HAVE TO RETAIN TWO OR IT SPILLS OFF INTO TURTLE CREEK.
SO THAT'S KIND OF OUR STARTING POINT.
AND THEN WITHOUT AFFECTING THE ROOTS, WE ARE NOT GOING UP ANY HIGHER CUZ IT WOULD JUST CREATE A BOG FOR IT.
SO WE ARE HAVING TO, I MEAN, THE RETAINING ON THIS PROPERTY WAS WHAT TOOK VERY LONG AND TOOK A LOT OF EFFORT FROM, SO THE RETAINING WALL ON THAT ROUND SECTION, FOR WANT OF A BETTER WORD, I'M CALLING IT ROUND.
UM, IS PROBABLY WHAT, EIGHT FEET TALL? UH, NO, I WOULDN'T SAY THAT.
I WOULD SAY IT'S PROBABLY CLOSER TO SIX, SIX AND 10.
SO IT'S SIX AND 10 WITH 16 FEET HIGH? IN OTHER WORDS, IT'S, YEAH, I WOULD SAY YES.
I WOULD SAY, UH, UH, BETWEEN THE, THE FRONT WALL, THE, THE LOWER ONE YOU'RE STANDING AT GRADE LEVEL ON THE YES MA'AM.
[03:00:01]
THE WALKWAY OR THE STREET MM-HMM.AND YOU LOOK AT IT, YOU SEE THIS LARGE RETAINING WALL, WHICH IS WHATEVER, I DON'T KNOW WHAT THE FRONT OF IT LOOKS LIKE, BUT, AND THEN YOU HAVE 10 FEET ON TOP OF THAT? YES.
HOW HIGH? I THINK HOW HIGH? 14.
SO HOW HIGH WOULD THAT STRUCTURE BE IF YOU COMBINE THE TWO? I WOULD SAY 14 FEET.
NOW I THINK ON THE REQUEST HERE, THEY'RE ASKING FOR A, THAT'S A SLIDE 10 IF YOU WANTED TO LOOK AT THAT.
SO SIX FOOT IS REALLY 10 FEET? NO.
SO THE, THE RETAINING WALL WAS EIGHT FEET.
SO SIX PLUS EIGHT IS 14 ASKING SIX FOOT SEVEN PLUS FOUR.
AND SO, SO IT'S A FOUR FOOT RETAINING WALL.
SORRY, I WAS TALKING ABOUT 10,000.
ONE MORE SLIDE NUMBER 10 THERE.
SO THE RETAINING WALL IS THE WHITE PART.
AND IT, SO YOU SEE STEVE'S HOUSE NEXT DOOR WHERE HIS DOOR'S AT.
I MEAN, THAT'S THE GRADE WE'RE TALKING ABOUT HERE.
I MEAN, YOU'RE TAKING, IF HIS HAD STEPS UP TO IT, HYPOTHETICALLY SPEAKING, IT WOULD BE MM-HMM.
SO THOSE TWO LOTS ARE VERY UNIQUE BECAUSE IF YOU'RE OUT THERE LOT, I MEAN, YOU FEEL LIKE YOU'RE KIND A BURDEN A TREE LOOKING DOWN.
I MEAN, IT'S, IT'S ACTUALLY PRETTY IMPRESSIVE.
UM, SO WE TRIED TO AT, AT A MINIMUM MASK.
SO IF, IF WE COULD SHOW THE RENDERING, WHICH I HAVE ON AN IPAD, WHICH I DON'T THINK YOU ALLOW THAT, UM, WE JUST HAVE SO MANY PHOTOGRAPHS IN THESE PROJECTS THAT THAT'S THE MOST IMPACTFUL BECAUSE THAT WALL IS ACTUALLY BEAUTIFUL.
I ACTUALLY, THIS, THIS IS MAKES, I AM SIX FOOT FOUR.
IF I STOOD WITH MY BACK TO THAT WALL.
ABOVE MY HEAD WOULD BE HOW MUCH MATERIAL? SEVEN FOOT.
HOW MUCH WOULD BE ABOVE? UH, SEVEN.
WE BROUGHT MATT, WE BROUGHT MARK FOR MATH.
SO WE MIGHT HAVE TO GET HIM UP HERE.
OKAY, CAN YOU PLEASE SHOW THAT SLIDE WITH SHOWING THE STAIRWAY, THE STAIRS GOING UP FROM THE DRIVEWAY TO THE PROPERTY FRONT DOOR? YES.
SO THE PLANTER BED THAT'S ON THE RIGHT SIDE OF THE ENTRY.
WELL, IF YOU HAVE LEVELED OUT THE UPPER AREA THERE AT THE TOP OF THE STAIRS.
WOULDN'T IT BE FROM THE TOP OF THE STAIRS LEVEL TO THE ROUND SECTION SO THAT IT WOULD BE 10 FEET ON TOP OF THAT? SO ARE YOU SAYING THAT THE, FROM THE INSIDE, LOOKING OUT BEHIND THE FENCE WALL, UM, IF YOU WERE AT THE NORTH SIDE OF THE PROPERTY, THEN YOUR 10 FOOT WALL WOULD LOOK LIKE IT'S A SIX FOOT WALL.
NO, A LITTLE TALLER THAN THAT.
IT'S ABOUT SIX AND A HALF TO POSSIBLY SEVEN AT THE HIGHEST.
I HAVE A PICTURE OF MYSELF HOLDING UP A YARDSTICK DOING IT.
UM, I, IT'S ON MY PHONE IF I COULD SHOW THAT.
SO FOR THE INTERIOR, THE FENCE LOOKS, WALL LOOKS SIX AND A HALF, EIGHT SHORTER.
IF, UM, THERE'S A BALCONY, JUST KIND OF A LITTLE COFFEE JULIET TYPE BALCONY, THAT'S, UM, IF YOU GO IN THE RESIDENCE ON THE RIGHT SIDE MM-HMM.
AND IF YOU'RE SITTING THERE, YOUR VIEW IS STILL LOOKING INTO TURTLE CREEK.
UH, SO ON THAT CORNER ON THE PLAN,
[03:05:01]
WE ACTUALLY SHOW PUTTING A NEW, UH, RED MAPLE JUST TO KIND OF HELP SOFTEN.JUST FOR, UH, ADDED PRIVACY AND HONESTLY TO BLOCKS ON THE SOUND.
UM, SINCE I LEARNED THAT WE CAN DO THIS, THE BOARD WILL STAND AT
THAT MEANS WE'RE NOT IN RECESS OR IT MEANS OKAY.
UH, CHAIRMAN, THIS
NO, IT'S THIS FAR APART, BUT IT'S MORE THAT'S, SO THERE'S A LOT OF WAY TO SOFTEN THAT TAIL.
AND DIANA IS GOING TO, I ASSUME SHE HAS JUST TALKED TO YOU AND SHE'S GOING TO NOW TELL US.
AND DO YOU WANT ME TO GO AHEAD AND CHECK IN WITH MY NAME AND ADDRESS? GIVE, OKAY.
SO JANE, UH, I JUST, I SAID YES.
THIS IS THAT WALL ON THE WALL.
AND SO THE, THE PICTURE THAT WE JUST SAW RIGHT NOW, IT KIND OF LOOKS LIKE IT'S FLAT.
LIKE THIS WALL IS SITTING ON TOP OF THE RETAINING WALL, BUT IT'S NOT, THERE'S THAT SPACE RIGHT HERE, WHICH IS ALL GONNA
[03:10:01]
BE YES.SO WE WOULD, WE WOULD TAKE MEASUREMENT FROM THE WALL FROM BACK.
WE WOULDN'T INCLUDE THIS ARGUMENT.
SO ALTHOUGH, BUT WE'VE TAKEN, YES.
SO WHAT WAS GOING ON WITHOUT ANYTHING FEET ON TOP OF THE, IT'S NOT ON TOP OF STEPS.
IT'S NINE FEET FROM, FROM, FROM HERE, FROM THE TOP OF THE STEPS.
WHAT DO THEY HAVE? THEY ARE PROVIDING? WELL, IT, IT SAYS EIGHT.
EIGHT AND THEN THIS ONE I HERE IS EIGHT.
ACTUALLY HAVE NO, WELL NOT, NOT THAT HAVE ANYTHING.
NO, THEY HAVE TO ADD, YOU'RE, WE GOTTA MAKE SURE, UM, YEAH, I KIND OF, DOES THAT MAKE SENSE? SO THE, WHERE WE'RE MEASURING IT FROM THE GRADE AND ALL THAT.
MAKES FROM THE STREET, BUT NOT FROM OUR, SO NOW WE'RE UNDERSTANDING WHAT GRADE MEANS.
SO MY HOPE IS EVERYBODY HEARD WHAT DIANA SAID.
CAUSE I SAID IT INTO A MICROPHONE, BUT DID EVERYONE HEAR IT AND UNDERSTAND IT? WHAT I UNDERSTAND IS IN THIS PICTURE, WE'RE REALLY TREATING GRADE AS TOP OF THE STAIRS ESSENTIALLY.
UM, SO, SO THE MAX THAT COULD BE BUILT WOULD BE NINE FEET ABOVE THAT GRADE.
THEY'RE ASKING FOR SIX ABOVE THAT GRADE.
IS THAT TRUE? YOU'RE ASKING FOR SIX? YES.
UM, NO, THEY'RE ASKING FOR, WELL THEY'RE ASKING FOR A 10.
THEY'RE ASKING TO CONSTRUCT A 10 HEIGHT, BUT THEY'RE ASKING FOR A SIX FOOT SPECIAL EXCEPTION.
BUT OKAY, NOW MY UNDERSTANDING FROM JUST NOW IS IF IT'S ABOVE NINE FEET, IT BECOMES A STRUCTURE.
SO WE'RE, WE'RE ACTUALLY, UH, PRETTY EASY ON IF YOU HAVE ANY SUGGESTIONS OR IF IT'S SOMETHING TO MAKE IT, UH, PASS THROUGH EASIER, THEN ABSOLUTELY WE CAN, WE DON'T HAVE TO GO TO 10.
WE CAN GO TO NINE AND BE PERFECTLY HAPPY.
MY UNDERSTANDING FROM MS.
IS THAT WHAT YOU'RE SAYING? WELL, LIKE, LET'S SAY SOMEWHERE THE BOARD SAID SURE.
WHAT YOU TOLD ME WAS THAT ONCE IT GOES ABOVE NINE FEET, IT IS NO LONGER A FENCE BECOMES A STRUCTURE.
AND IF THAT'S THE CASE, THAT WOULD, YOU'RE NO LONGER ASKING FOR FENCE HEIGHT, RIGHT? CAUSE IT'S NOT A FENCE.
LET ME THINK THAT THROUGH A MINUTE.
[03:15:09]
CORRECT? YEAH.UM, IN ONE OF THE LETTERS THAT WE RECEIVED FROM THE MCCABE'S ADDRESSED TO THE BOARD, UM, YOU HAD, UH, IN THE LETTER YOU HAD ADDRESSED, UM, I'LL JUST READ IT FOR THEM.
UM, WE ALSO HAVE CONSTANT, WAIT, LET ME GET BACK TO IT.
UM, FOR THOSE FAMILIAR WITH THIS INTERSECTION, THE EXPOSED NATURE OF THE HOME AND ITS PROXIMITY TO THE INTERSECTION HAVE LIKELY SEEN THE CHALLENGES WE ARE FACING.
DRIVERS ARE CONSTANTLY CUTTING THROUGH OUR DRIVEWAY TO MAKE A LEFT ON A TURTLE CREEK FROM AVONDALE TO AVOID WAITING AT THE LIGHT.
AND YOU TALK ABOUT, UM, YOU KNOW, THE REQUEST FOR PRIVACY AND SECURITY.
SO HOW IS THAT PART BEING ADDRESSED WITH THE CURRENT CHANGES? UM, NAMED MIKE MCCABE, 4,001 TURTLE CREEK, DALLAS, TEXAS 75 2 9.
UM, THANK YOU, UH, FOR THE TIME.
UM, IF YOU, WHEN YOU SEE AVONDALE AND YOU'RE THERE WHEN RUSH HOURS ARE HAPPENING, YOU KNOW, YOU'RE KIND OF ON A HIGHWAY RIGHT THERE.
AND SO WHAT HAS HAPPENED WITH THE WAY IT WAS WITHOUT THE WALL COMING UP THERE AND HAVING AN INVESTMENT IN THAT FRONT CORRIDOR THAT YOU WERE ASKING ABOUT WHERE THAT NEW FLOWER BUSH, UH, AREA WILL BE WHEN PEOPLE CAME TO THAT STOPLIGHT, IF THEY HAD TO WAIT, TURTLE CREEK WAS OPEN, THEY WOULD JUST CUT ACROSS THAT GRAVEL CORNER CUZ IT DIDN'T REALLY FEEL LIKE THAT'S PART OF THE HOUSE.
THEY HAD, YOU KNOW, YOU JUST HAD STEPS ALL THE WAY UP THERE TO, DIDN'T FEEL LIKE ANYBODY WAS USING THE PROPERTY OR THE FRONT AND REALLY THEY DIDN'T.
AND SO THE ABILITY TO ADD THAT AND HAVE THE TREES, YOU WOULD'VE BE CUTTING THROUGH TREES AND YOU'D BE OBVIOUSLY IN SOMEBODY'S DRIVEWAY.
AND SO THAT WAS REALLY THE KIND OF THE PUSH FOR US TO MAKE THAT INVESTMENT ON THAT CORNER.
AND, AND AS THE OWNERS, I JUST WANNA MAKE SURE FOLKS KNOW, YOU KNOW, OUR REASON FOR DOING THIS, WE ALWAYS LOVED THAT HOUSE.
IT STANDS OUT, IT'S AN ICONIC HOME FOR HERE.
IT WAS A BEAUTIFUL HOME AND WE LIKED THAT IT WAS A DALLAS ADDRESS.
AND SO FOR US, WE LOOKED AT THAT AND SAID, YOU KNOW, WE MET, MY WIFE AND I MET IN NORTH TEXAS IN DENTON, AND WE'RE NOT HIGHLAND PARK PEOPLE.
AND WE ENDED UP SELLING OUR COMPANY AND THOUGHT WE LIKE A DALLAS ADDRESS, JUST SEEMS BETTER.
AND WE THOUGHT IF WE TAKE OVER THAT CORNER, WE WANNA MAKE IT THE MOST SPECIAL CORNER THAT IT'S REMEMBERED.
AND THAT HOUSE BECOMES ICONIC FOR A LONG TIME.
AND IT'S NOT ANOTHER ISLAND PARK HOUSE, IT'S A DALLAS HOUSE.
WE HAVE ABOUT $2 MILLION IN THE OUTSIDE PROJECT AS THAT.
NOBODY WOULD NORMALLY MAKE THAT INVESTMENT IN THAT WE'RE NOT IN THIS BUSINESS, BUT WE SEE A LEGACY FOR THAT, THAT WE PLAYED A PART IN THAT AND HELPED MAKE THE CITY BEAUTIFUL GOING THAT DIRECTION.
SO FOR US, IF THERE'S ACCOMMODATIONS, REQUIREMENTS OR THINGS THAT YOU GUYS WOULD LIKE, WELL WE'RE WAY OPEN TO THAT.
THE ONLY PLACE, THAT THING, THAT WALL GETS TO 10 FOOT, THAT BIG OAK TREE SITS RIGHT WHERE THE PROPERTY ERODES AT THAT CORNER AND DROPS OFF LOW.
AND SO WE COULD HAVE BUILT THAT FOOTER UP OR PUT PLANNINGS IN FRONT OF IT.
SO OUR THOUGHT WAS TO PUT PLANNINGS IN FRONT OF THAT.
AND THAT'S WHY WE WORKED WITH STEVE NEXT DOOR TO MAKE SURE FROM HIS SIDELINE WHEN HE WALKED ON HIS PORCH, HE WASN'T LOOKING AT THIS BIG WALL AT HIS DOOR.
SO IF YOU LOOK AT THAT PICTURE AGAIN, HE HAS THE ABILITY TO SEE RIGHT OVER AND CHOOSE TO.
I THINK WHAT HE LIKES IS IT BLOCKS THE CORNER.
SO HE IS NOT LOOKING AT THE STOPLIGHTS NOW IN THAT TRAFFIC.
SO WE NEVER THOUGHT WE'D BE ASKING FOR OV VARIANCE.
THAT'S NOT OUR INTENTIONS TO GET SOMETHING.
WE WANT TO INVEST IN IT AND MAKE IT.
AND SO IF THERE ARE THINGS THAT FOLKS WOULD LIKE TO SEE, WE'RE JUST TRYING TO DO THE WORK FOR ALL OF US IN THIS AND WE'RE PROUD TO HAVE IT.
AND UH, THEY HAVE GREAT NEIGHBORS THAT SHOW UP FOR YOU, THAT'S PRETTY AMAZING.
THESE ARE FOLKS THAT REACHED OUT TO US AND SO WE'RE DOING THE RIGHT THING.
WE KNOW THAT AND WE APPRECIATE YOU GUYS THAT ARE PAID TO DO THIS AS WELL.
SO, UM, WE'RE WILLING TO BE FLEXIBLE IF PEOPLE HAVE IDEAS, BUT WE'RE INVESTING A LOT OF TIME TO MAKE IT PERFECT AND WE HAVE MOST OF OUR WORTH IN THIS.
UM, THIS PROJECT'S BEEN AROUND TWO YEARS.
WE LIVE IN AN APARTMENT, WE PAY A HUNDRED THOUSAND DOLLARS PLUS A YEAR IN TAXES AND DON'T LIVE THERE.
SO WE NEED TO GET IT RESOLVED.
UM, WE, WE ONLY HAVE SO MUCH IT'LL TAP OUT AT SOME POINT.
UM, BUT WE DO REALLY APPRECIATE IT.
BUT ANYTHING THAT WE NEED TO DO TO ACCOMMODATE, WE'RE TRYING TO MAKE IT PERFECT.
[03:20:01]
LITTLE NUANCE OF WHAT, YOU KNOW, IT'S GONNA HAVE A LIMESTONE CAP.UH, THE GATES WE SAW FROM PRAGUE THAT WERE IN A, A REALLY NEAT PLACE.
WE HAVE A LOCAL ARTIST IN THAT BUILT THEM.
IT'S GONNA BE AN INCREDIBLE CORNER AND THAT CORNER WAS TIRED.
IF YOU GUYS DRIVE IT THE OPPOSITE SIDE OF US.
THE RAILS ON THAT, ON THAT, UM, THE BRIDGE THERE, THEY'VE BEEN HIT SEVERAL TIMES.
AND SO WE'RE HOPING MORE INVESTMENT, BUT WE FEEL LIKE IF WE MAKE THAT CORNER POP, THEN WHY WON'T PEOPLE MAKE AN INVESTMENT IN THAT? AND SO THAT'S OUR GOAL IS TO REALLY MAKE PEOPLE GO, I DON'T HAVE TO GO FIVE HOUSES DOWN.
I CAN GO INVEST IN DALLAS AND KEEP COMING THIS.
WELL, WE'RE SEEING THAT WITH OUR NATIVE, YOU KNOW, HE WOULD LIKE TO INVEST MORE IN DALLAS AS WELL.
WE'RE NOT DEAD SET OR ANYTHING, BUT I THINK WE'RE GOOD AT THIS AND I THINK IT'S COMING ALONG.
DOES ANYONE OPPOSED TO SHIFTING OUR DISCUSSION TO THE VARIANCE REQUEST AS OPPOSED TO THE SPECIAL EXCEPTION REQUEST? I I THINK WE, WE WILL, WE, WE AT LEAST UNDERSTAND WHAT THEY'RE ASKING FOR IN PAID.
ARE YOU MAKING A MOTION? NO, NO.
I'M JUST, AS WE I'M SUGGESTING BUT NOT TELLING THAT WE, WE, ONE THING WE WE HAVE NOT REALLY TALKED ABOUT OR ASKED ABOUT MUCH AT ALL IS THE, THE VARIANCE REQUEST.
WE'VE TALKED ABOUT SPECIAL EXCEPTIONS, RIGHT.
AND I'M TRYING TO MOVE US ALONG A LITTLE BIT AND MAYBE NOBODY HAS ANY QUESTIONS, THAT'S FINE.
BUT I THINK WE UNDERSTAND WHAT THE HEIGHT MEANS, RIGHT? AND SURE.
AND I UNDERSTOOD THAT MR. REEVES HAD DISCUSSED THE VARIANCE AT LENGTH DURING HIS PRESENTATION.
WE JUST DIDN'T ASK ANY QUESTIONS.
THAT'S WHAT I'M WONDERING WHETHER WE HAVE QUESTIONS.
CAUSE WE, WE WENT DOWN, WE DID IT RIGHT.
WE'LL TALK ABOUT ONE THING AT A TIME.
I'M SUGGESTING THAT IF WE WANT TO TALK ABOUT THE VARIANCE, WE ARE ASK QUESTIONS.
BUT IF WE DON'T HAVE ANY QUESTIONS, THEN THEY ARE ASKING FOR A 10, I'M SORRY, A 14 FOOT SIX INCH REDUCTION.
SO MEANING AS I RECALL, IT WOULD LEAVE 11 FEET.
YEAH, WE'RE, UM, WE'RE, WE'RE, UH, ASKING WE'LL HAVE A 10 FOOT, SIX INCH SETBACK AFTER WHAT YOU'RE REQUESTING FROM THE ALLEY 63 FEET PARALLEL TO OUR NORTH OR TO OUR PROPERTY LINE ALONG AVANDALE.
SO IT'S A 14, THE SIX INCH YEAH, VARIANCE.
AND, BUT THEN IT, THEN IT JOGS AND GOES BACK TO JUST 25 FOOT SETBACK, WHICH IS, UH, NEXT TO THE HOUSE.
RIGHT? IS THAT YOUR QUESTION, SIR? RIGHT.
NO QUESTIONS ON THAT MR. SLAVE IS GONNA HAVE TONIGHT.
MR. FL, UH, WOULD YOU GUYS LIKE TO MAKE A, I THINK WE'RE, WE USE PLENTY OF TIME.
I I, UNLESS YOU'D LIKE TO MAKE A REALLY QUICK CLOSE, OTHERWISE I'LL CALL FOR A MOTION.
UM, UH, I'M BEING ASKED BY MY ATTORNEY TO WAIT, SO WE WILL WAIT.
LET'S TAKE A FIVE MINUTE RECESS.
[03:28:27]
YEAH.[03:30:42]
OKAY.OKAY, WE'RE BACK IN SESSION AT 4 52 AND 33 SECONDS.
UM, I'M, I'M GONNA ASK OUR EXPERTS TO EXPLAIN IT BRIEFLY.
MY UNDERSTANDING IS THIS THE REQUEST, WOULD IT, IT IS NOT IN OUR PURVIEW BECAUSE A REQUEST FOR OFFENSE THAT HIGH WOULD, WOULD MAKE IT A STRUCTURE, NOT A FENCE.
UH, SO ULTIMATELY THAT MEANS THAT IN ORDER TO ACCOMPLISH IT, IT HAS TO BE DONE BY VARIANCE, WHICH MEANS THAT THE VARIANCE YOU WOULD BE ASKING FOR NEEDS TO BE BIGGER THAN THE ONE YOU'VE ASKED FOR.
WHICH MEANS WE NEED TO RE-NOTICE IT.
AND IN FACT, WE DON'T HAVE THE AUTHORITY TO GRANT WHAT YOU'VE ASKED.
NOW, I WILL PASS THE BUCK TO MS. DUNN TO EXPLAIN THAT INTELLIGENTLY.
SO THE SI EVERYTHING THAT'S GOING ON IS WITHIN THE BOARD'S PURVIEW.
THE REASON WHY IT CAN'T BE DISPOSITIONED TODAY, BECAUSE IT HAS COME BEFORE THE BOARD FOR THE WRONG THING.
IT HAS COME BEFORE THE BOARD FOR A SPECIAL EXCEPTION.
AND BECAUSE THE FENCE IS OVER NINE FEET HIGH AND SECTION 51 A 4.6022 SUBSTANTIATES ANYTHING NINE FEET OR HIGHER AS A STRUCTURE, IT HAS TO COME BEFORE THE BOARD AS A VARIANCE TO THE FRONT YARD SETBACK.
AND SO WHAT WE WILL HAVE TO DO IS, UH, WE, WE'VE GIVEN OPTIONS TO THE BOARD.
THE BOARD WILL DECIDE WHAT THEY WANT TO DO.
IF THEY DECIDE TO HOLD IT, IT CAN MOST DEFINITELY COME BACK TO THE BOARD, BUT IT WOULD HAVE TO COME BACK AS A VARIANCE, WHICH WILL MAKE IT HAVE TO BE RENO BECAUSE THAT IS NOT WHAT IS BEFORE THE BOARD TODAY.
SO IT CAME BEFORE THE BOARD, UH, FOR THE WRONG ACTION, SO TO SPEAK.
MAY, MAY I COMMENT MS. DUNN? OKAY.
IF, IF THE BOARD WERE TO HOLD IT COULD, COULD THE NOTICE HAPPEN SUCH THAT WE COULD HEAR IT NEXT MONTH? OR DOES THAT TAKE A MUCH LONGER? WHEN DO WE CONVENE NEXT MONTH? WHAT ARE THE DATES? 19TH, 17TH.
CAUSE WE DON'T MEAN NO ADDRESS.
WE HAVE CONSULTED, WE CAN LIVE WITH NINE FEET.
IF WE CAN SORT OF CLOSE THE DEAL TODAY AND MOVE ON, WE, YOU KNOW, WE WOULD HATE TO OPEN IT UP FOR A VARIANCE REQUEST AND LIKE TO STAY WITH UNDER THE, UH, PURVIEW OF A SPECIAL EXCEPTION.
SO IF GOING FROM 10 TO NINE DOES THAT, I DON'T KNOW THAT IT DOES.
WE CAN, WE CAN LIVE WITH THAT.
UH, I DON'T, I I DON'T SPEAK FOR THE BOARD, SO I, I DON'T KNOW IF IT
[03:35:01]
IF IT DOES OR FRANKLY, EVEN IF WE HAVE A, AN ELEVATION WE COULD HOLD YOU TO IF WE DID THAT.UH, BUT LET ME ADD THAT TO THE QUESTIONS.
AND OBVIOUSLY I, I'M NOT IN A POSITION TO SPEAK FOR, FOR THE BOARD ON, ON YOUR QUESTION.
I JUST WANTED TO THROW THAT OUT.
AND I WILL ASK THEM IF THAT SIMPLIFIES IT.
[03:40:08]
I'M SORRY.HERE'S THE, THE LAWYERS WERE WILLING SAID THIS.
UM, AND, AND I, I WANNA SAY THIS AS A CAVEAT.
I HAVE NO AUTHORITY, NOR AM I TRYING, EVEN FOR ME, BUT I DON'T SPEAK FOR THE BOARD IN TERMS OF WHAT THE BOARD WOULD SAY YES TO, NO TO.
I'M NOT SAYING, AND I, I HAVE ONE VOTE.
SO WHAT I'M BEING TOLD IS THIS, IF YOU WANT, SO IT, IT TURNS OUT I'M INCORRECT THAT WE, WE ACTUALLY DO MEET IN AUGUST.
UM, SO IF YOU'D LIKE TO KEEP THE APPLICATION AS IS, CHANGE IT TO A VARIANCE.
IF YOU WOULD LIKE TO CHANGE THE APPLICATION TO BE NINE FEET OR UNDER, THEN IT REMAINS AS A SPECIAL EXCEPTION.
DO I NEED TO INSTRUCT STAFF? IF, IF IT IS A SPECIAL EXCEPTION, DOES IT NEED TO BE RENO STILL? WELL, ONE OF THE, THE, THE, UH, OPACITY, HE COULD, BUT I, I WOULDN'T YEAH, PROBABLY IS, BUT THEY ALL MENTIONING BELIEVE HE EACH OTHER SAID WELL, WELL, OKAY.
SO THE, TO, TO FINISH THE ISSUE IS WE DON'T, WE DON'T HAVE A SITE PLAN AND ELEVATION TO TIE IT TO TODAY.
AND, UH, WE'RE UNCOMFORTABLE DOING IT VERBALLY.
SO QUESTION TO YOU IS, IS, IS
LET ME ASK, MAY I ASK A COUPLE QUESTIONS? SURE.
YOU MAY WELL ANSWER AND I'M GONNA ASK PERMISSION THAT WE, YOU ALLOW US TO HUDDLE FOR MAYBE FIVE MINUTES SO WE SURE.
ALL RIGHT? IF, UH, AS I UNDERSTAND THE TWO OPTIONS, OPTION ONE, IF WE WANT 10 FEET, THEN WE'RE TALKING ABOUT KIND OF RE REPACKAGING THE REQUEST, NOTICING THE, THE REQUEST, AND END UP GOING, COME BACK TO THE BOARD WITH A VARIANCE FOR 25 FEET.
WE DECIDED A BIGGER VARIANCE THAN WHAT YOU'VE ASKED.
A, A, A BIGGER VARIANCE AND AN AUGUST HEARING.
SECOND OPTION IS KEEP IT AS A SPECIAL EXCEPTION, UH, AGREE TO NINE FEET OR BELOW OR BELOW THE, COME BACK WITH, UH, REVISED, UH, ELEVATIONS.
AND THAT GETS US ON A JULY, WHAT'S THAT HEARING DATE? 17TH.
SO AS I UNDER UNDERSTAND IT, UNDER, I DON'T WANNA PUT WORDS IN YOUR MOUTH, BUT ANY STRETCH OF THE IMAGINATION, HE WOULDN'T BE THE FIRST WE CLOSE IT.
CAN WE CLOSE THE DEAL TODAY? NO.
THAT, THAT'S MY UNDERSTANDING.
SO THAT, THAT THAT'S NOT AN OPTION WE HAVE, UH, TO MRS. SLAVER, WE COULD VOTE ON PURELY THE O PA.
WE'RE NOT EVEN SURE OF THAT FRANKLY.
BUT I MEAN, BECAUSE WE CAN'T GIVE YOU WHAT YOU ASKED FOR AS, AS A SPECIAL EXCEPTION, AND WE'RE NOT COMFORTABLE DOING IT VERBALLY WITHOUT A REVISED ELEVATION CYCLE, THEN, THEN THERE, THEN WE, YOU KNOW, WE CAN'T DO A SPECIAL EXCEPTION.
WE DO A VARIANCE BECAUSE THE VARIANCE IS BIGGER THAN WHAT WE NOTICED.
JUST DO MAKE SURE IT'S ON THE MICROPHONE.
MAKE SAY WHO YOU ARE AND YEAH.
SO MY, MY QUESTION IS THIS, OBVIOUSLY TRY TO GET SOMETHING DONE, RIGHT? I KNOW.
SO, UM, THE MEETING WAS TAKEN KNOWING WHAT THE REQUEST WAS, AND WE COLLECTED PEOPLE TO DO THAT BASED ON THAT.
SO IT WOULD SEEM LIKE IF IT'S SOMETHING
[03:45:01]
THAT WOULDN'T HAVE BEEN ABLE TO BE ON THE DOCKET ANYWAY, THEN MAYBE WE COULD HAVE AN EXCEPTION TO WE'RE ASKING FOR LESS THAN WHAT WAS THERE.AND ANYBODY THAT WOULD'VE HAD EXCEPTIONS TO 10 FOOT WOULDN'T HAVE IT, WOULD'VE HAD IT WITH NINE AS WELL, OR VICE VERSA.
SO I'M JUST ASKING, IS THERE NO, I'M BEING TOLD NO.
UH, WE, AND AND I'M LEARNING THIS AS WE GO AS WELL, AND I KNOW NOTHING ABOUT IT.
SO, BECAUSE IT SEEMS LIKE WE, I, I UNDERSTAND WHAT YOU'RE SAYING, BUT HEY, WHY CAN'T WE GO AHEAD AND THE, THE ISSUE, THE DIFFERENCE IS IN THE CASE OF NOTICING, UH, WE GENERALLY OPERATE ON THE PRINCIPLE THAT SAYS IF WE WERE TO SAY INCORRECTLY NOTICE SOMETHING, BUT THE ACTUAL REQUEST IS LESS AGGRESSIVE THAN WHAT WE NOTICED, WE CAN GO AHEAD AND HEAR IT.
BUT THAT IN THIS CASE THOUGH, THERE'S NOT A SITE PLAN AND ELEVATION THAT IF IT WERE, WHATEVER, IF IT WERE OF, I'M GONNA SAY LEGAL, IF IT WERE WITHIN OUR PURVIEW OF NINE FEET OR BELOW, WE DON'T HAVE ANYTHING TO, TO HOLD YOU TO IN OUR MOTION.
SO THAT, THAT'S, THAT'S WHAT'S DRIVING THE ONE MONTH.
NOW MIND YOU, I HAVE NO IDEA HOW THE BOARD WOULD VOTE, RIGHT? SO JUST SO, UM, MR. SO AG I MEAN, WE DON'T HAVE, WE WOULDN'T HAVE A, A FINAL SITE PLAN.
THAT WOULD JUST BE THE PICTURE.
HOWEVER, WE COULD CERTAINLY VERBALLY VIA THE MOTION MODIFY IT SUCH THAT THE SITE PLAN, BASED ON IF THE APPLICANT WOULD WANT TO REDUCE THE MAXIMUM HEIGHT FROM 10 FEET TO NINE FEET, WE COULD SAY IF WE WERE MOVING TO GRANT A MOTION COMPLIANCE WITH THE SUBMITTED SITE PLAN AND ELEVATIONS REQUIRED, PROVIDED HOWEVER, THAT ANY HEIGHT OF ANY FENCE THAT IS ABOVE NINE FEET SHALL BE INTERPRETED TO BE MAXED OUT AT AND NOT IN EXCESS OF 90 FEET.
THESE ARE NOT RULES THAT I MADE UP.
THESE ARE RULES THAT THE LAWYERS AND THE PROFESSIONAL STAFF TOLD.
I MEAN, IT SEEMS LIKE WHAT THE, THE RISK WOULD BE, OF COURSE THAT WOULD THEN NEED TO BE INTERPRETED.
IT'S MUCH EASIER FOR SOMEONE LATER TO INTERPRET A SITE PLAN.
HOWEVER, HOWEVER, AND I BELIEVE THAT'S WHAT THEY THEY'RE SAYING IS THAT THEY DON'T, AND I, I DON'T.
SO MR. MR. AGNI, IF YOU, IF YOU DON'T MIND, UH, DANIEL HAS A, A COMMENT IN, IN REGARDS TO MR. SLADE'S.
THANK YOU, MRS. SLADE, VICE CHAIR AGNI, JAN MORRIS, CITY ATTORNEY'S OFFICE.
WE COULD ADD LANGUAGE TO THE MOTION REDUCING THE REQUEST, BUT AS MR. S SLATE INDICATED, ULTIMATELY THEN IT WILL BECOME AN INTERPRETATION FOR SOMEONE AT ACH TO TRY AND UNDERSTAND THERE WAS A SIDE PLAN, THERE WAS AN ELEVATION THAT SHOWED X NUMBER OF FEET.
THE BOARD'S EMOTION DID X MINUS Y NUMBER OF FEET.
WHAT DOES THIS MEAN? SOMEONE HAS TO INTERPRET IT.
AND THERE'S NOT THE CERTAINTY TO KNOW TODAY WHAT EXACTLY YOU'RE PROVING.
UH, SORRY, APPROVING IF THAT IS SOMETHING THAT THIS BODY IS COMFORTABLE WITH, YOU CAN DO THAT.
IF NOT, YOU CAN HOLD IT TO NEXT MONTH FOR A REVISED SITE PLAN.
WHAT ARE THE ODDS OF THAT HAPPENING? SOMEONE QUESTIONING IT WILL ULTIMATELY HAVE TO BE INTERPRETED BECAUSE IT WILL HAVE TO GET A PERMIT AND I DON'T KNOW HOW SOMEONE WILL INTERPRET IT.
UM, THIS IS WHERE I GET TO BE REALLY FUNNY.
IS IT POSSIBLE TO ESTABLISH THAT AND THEN HAVE THAT IS WHAT A FOLLOW UP WHEREBY THE BOARD, UH, APPROVES AS COMPLIANT, A SUPPLEMENT OR REPLACEMENT SITE PLAN THAT WOULD ADDRESS, SAY, A SCR AREA.
WE WOULD, WE THEN HAVE TO LOOK AT THAT SITE PLAN AND GO BACK AND APPROVE IT, IN WHICH CASE HAS A DIFFERENT THAN JUST HEARING IT? I KNOW, I, I, TO ANSWER MR SLATE'S QUESTION, I DON'T THINK YOU WOULD BE ABLE TO, BECAUSE THERE IS A TWO YEAR LIMITATION THAT WOULD KICK IN ONCE A FINAL DECISION IS REACHED BY THE BOARD AND NO FURTHER REQUEST ON THE SAME OR RELATED ISSUES MAY BE CONSIDERED UNLESS THE BOARD WAIVES THE TWO YEAR REQUIREMENT.
SO YOU WOULD HAVE TO, IT'D BE A FINAL DECISION.
YOU WOULD HAVE TO WAIVE THE FINAL DECISION FOR IT TO COME BACK.
AND IT JUST SEEMS LIKE, I THOUGHT THAT WAS A DENIAL OF PREJUDICE.
SO ANY FINAL DECISION, THERE'S A TWO YEAR LIMITATIONS PERIOD.
SO YOU APPROVE A, HYPOTHETICALLY, YOU APPROVE OFFENSE.
AND THEN THE NEXT DAY THE APPLICANT REALIZES, OH MAN, THAT ELEVATION IS INCORRECT.
THEY WOULD HAVE TO FIRST COME ASK FOR A WAIVER OF THE TWO YEAR, THEN REAPPLY.
THE CLEAN, CAREFUL, PRECISE THING
[03:50:04]
IS TO DO IT NEXT MONTH OR THE MONTH AFTER, DEPENDING ON WHAT YOU, WHAT YOU DECIDE TO DO.I, I SPECIFICALLY SAY THAT CUZ I, I'M REALLY NOT AT ALL SURE WHAT THE BOARD IS GONNA SAY.
SO WE'RE TO NINE FEET TO EIGHTH.
AND I, AND SOME POINT WE GET INTO PLAYING THE GUESSING GAME.
SO WHAT IS, WHAT, WHAT ARE MY LAWYERS TELLING ME MY OPTIONS ARE, RIGHT.
LEGALLY, WHAT DO YOU RECOMMEND? NO, THAT'S DIFFERENT QUESTION.
I I'M NOT GONNA TOUCH THAT ONE.
MISS P*****K, THE WAY I SEE IT, YOU HAVE THREE OPTIONS.
OPTION ONE IS TO DO WHAT MR. SLATE INDICATED IS TO APPROVE THE FENCE.
SPECIAL EXCEPTIONS TODAY WITH LOWER, WITH A LOWER MOUNT THAT WHAT IS THE BELOW NINE FEET.
AND THEN WITH THE UNDERSTANDING, THEY WILL HAVE TO ULTIMATELY BE INTERPRETED BY SOMEONE AT ACH TO FIGURE OUT WHAT THAT MEANS.
SO IF FOR EXAMPLE, WE MADE A MOTION AND APPROVED, I'M PICKING A NUMBER SIX FEET AND THEY SAID, WELL HELL, WE DON'T WANT THAT THEN, THEN WE PUT THEM IN A SITUATION OF HAVING TO GET A WAIVER IN ORDER TO COME BACK.
AND SO WE WE'RE ULTIMATELY, IF WE DO IT THIS WAY, SOMEBODY'S GONNA MAKE A MOTION.
IF SOMEBODY WANTS TO MAKE A MOTION TO APPROVE AND THEY'RE GONNA PUT A CERTAIN, THEY DON'T PUT A NUMBER ON IT, WHATEVER THAT IS, WHATEVER THEY THINK IS CORRECT.
AND IF THAT MOTION SUCCEEDS, THEN WE'RE LOCKED INTO IT.
UNLESS THEY ASK FOR A WAIVER COME.
WHEREAS OPTION TWO IS, OPTION TWO WOULD BE TO HOLD IT TO THE JULY MEETING AND WITH THE UNDERSTANDING THAT THE APPLICANT WOULD SUBMIT A REVISED SITE PLAN AND ELEVATION THAT WOULD BE UNDER NINE FEET, THAT YOU COULD APPROVE THE SPECIAL EXCEPTIONS FOR.
THAT WAY THE APPLICANT WOULD GET TO DICTATE WHAT THEY ASKED FOR.
THERE WOULD BE NO, UH, INTERPRETATION ISSUES AT ACH AND IT WOULD BE, THERE WOULD BE MORE CERTAINTY AS TO WHAT THE BOARD WAS APPROVING.
AND OPTION THREE, OPTION THREE IS TO HAVE THE A IS TO HOLD IT TO THE AUGUST MEETING, WHICH WILL ALLOW THE APPLICANT TO GET EXACTLY WHAT THEY HAVE REQUEST, WILL ALLOW THE APPLICANT TO APPLY FOR EVERYTHING THAT THEY'VE REQUESTED FOR.
IT WOULD BE A VARIANCE BECAUSE THE FENCE WOULD BE GREATER THAN NINE FEET.
IT WOULD BE CONSIDERED A STRUCTURE WHICH WOULD REQUIRE A 25 FOOT VARIANCE RIGHT.
AND IT WOULD GIVE NIKKI AND HER TEAM TIME TO RE-NOTICE EVERYTHING AND TO VET THE, UH, UPDATED DOCUMENTS.
IS THERE ANY ADVANTAGE? AND I DON'T THINK THERE IS, BUT JUST TO BE IN TERMS OF CLEANLINESS, NO.
CAUSE DENYING IT WITH, WITHOUT PREJUDICE WOULD MEAN A REFILE AND A LOT LONGER.
SO THAT'S, I THINK THAT THAT'S NOT WHAT WE'RE TRYING TO DO.
THE DIFFERENCE BETWEEN OPTIONS TWO AND THREE IS 12 INCHES AND 60 DAYS.
OH, I GET THE DIFFERENCE BETWEEN TWO AND THREE.
I GET IT'S ONE AND TWO THAT WE, I THINK DECIDING AND THEN TO SOME DEGREE.
LET'S JUST, HERE'S, HERE'S WHAT I THINK, UM, UH, I THINK IT'S A LOT CLEANER, UH, TO HAVE A SITE PLAN.
WE'RE TALKING ABOUT, HAVE A DEBATE OVER WHETHER THE APPLICANT IS ASKING FOR TOO MUCH OR TOO LITTLE OR WHAT ALLOW THE APPLICANT TO DECIDE, UH, EXACTLY WHAT TO ASK FOR EXACTLY WHAT IT'S LOOKING FOR AND DO THAT IN, IN 25 DAYS.
WELL, SO THE APPLICANT HAS SAID THEY DO NINE FEET, SO, SO THEY WOULD DO, WOULD AGREE WITH WHAT MR. SLADE WOULD, IS I SUSPECT THAT'S WHAT THE APPLICANT WOULD LIKE.
NOW THAT I'M, YOU'RE MAKING THE ASSUMPTION WE ACTUALLY SAY YES.
WELL, THE SAME THING'S GONNA HAPPEN WHEN WE COME BACK IN A MONTH.
I MEAN, YOU GET A DIFFERENT PERSON OVER MR. BUT YEAH.
UM, SO MY LAWYERS ARE SAYING THAT AT LEAST MR. SLADE'S OPTION IS DOABLE.
IS MY PROFESSIONAL STAFF SAYING IT CAN DO?
[03:55:01]
HE'S SAYING IT'S ILLEGAL.I I DON'T, YES, MS. AICK, IT'S LEGAL.
MY PERCEPTION IS NOT THAT IT'S ILLEGAL, IT'S AN OPTION, BUT IT MAY NOT BE AS A VIABLE AN OPTION AS THE OTHER TWO.
BUT IT, IT MOST DEFINITELY, UH, CAN BE DONE.
I MEAN, THE WORDING OF THAT MOTION WOULD HAVE TO BE EXCEPTIONALLY CLEAR.
AND I GUESS AT SOME POINT, WOULDN'T THE BOARD HAVE TO ULTIMATELY COME BACK AND APPROVE A SITE PLAN IN ELEVATION NO MATTER WHAT YOU WOULD BE PROVING THE SITE PLAN IN ELEVATION TODAY WITHOUT SEEING IT.
YOU, YOU WOULD SEE IT, IT WOULD JUST BE PER MR. SLADE'S CONDITION THAT ANYTHING ABOVE NINE FEET IS CHOPPED OFF OR X FEET.
YEAH, I'M SURE IT WOULD BE MUCH MORE ELOQUENT THAN CHOPPED OFF.
BUT, UM, AT THIS POINT I'M, I'M FOR DIRECTNESS, I I, UM, I MEAN IT'D BE NO DIFFERENT THAN WE WOULD SAY MOVE FOR IT.
AND THEN COMPLIANCE WITH SUBMIT SITE PLAN AND ELEVATIONS REQUIRED PROVIDED, HOWEVER, YOU CANNOT HAVE ANY WALL AROUND THE TRIANGLE THAT IS PIECE OF THE DRIVEWAY OR WHATEVER IT MIGHT LIKE.
YOU'RE JUST THROWING THAT INTO THE MIX AND THEN THAT WOULD HAVE TO BE INTERPRETED.
AND SO THE, THE, THE CALL FOR THE APPLICANT IN TERMS OF THEIR OPTIONS IS WHETHER TO, UH, HOLD OR THE CLARITY THAT THEY COULD THEN IDEALLY LEVERAGE LATER WHEN THE SITE THING NEEDS TO INTERPRET IT OR POSTPONE IT, UH, AND RECOGNIZE THAT THERE HAS BEEN VOICED OPPOSITION TO A PURSUIT THAT COULD MOBILIZE FURTHER.
AND OF COURSE WE ALSO COULD, UM, THERE, THERE MIGHT BE FOUR PEOPLE, LIKE YOU'RE NUTS.
UH, CUZ OBVIOUSLY WE'RE, WE'VE KIND OF SEE WHERE I'M LEANING ON THIS PARTICULAR ONE, BUT EVERYONE ELSE MIGHT BE LIKE, NO WAY.
SO I DON'T HAVE AN ANSWER ON THAT.
SO, UM, ANYBODY ELSE HAVE AN OPINION? I THEY WOULD BE READ IT BECAUSE I HATE MESSY THINGS, BUT I CERTAINLY UNDERSTAND THE APPLICANT WANTING TO DISPOSE OF IT TODAY.
UM, IF WE MAKE THE MOTION AND DENY IT, WE DENY IT WITHOUT PREJUDICE.
NO, THEY WOULDN'T HAVE TO REFILE WITHOUT PREJUDICE.
WHAT HAPPENS IF WE DENY IT WITHOUT PREJUDICE TO THEIR TIMELINE? THEY WOULD HAVE TO RE WOULD THEY BE BACK HERE NEXT MONTH? THEY WOULD HAVE TO REFILE, HAVE TO BE RE-ADVERTISED, WOULD GO THROUGH THE WHOLE PROCESS AGAIN.
WITH THE WAY THAT OUR SCHEDULES ARE SET UP, THEY WOULDN'T BE BACK HERE NEXT MONTH IF THEY REFILED.
I ASSUME YOU GUYS WOULD RATHER GET IT, GET IT DONE.
WE WE'RE SO FLEXIBLE TO WE NEED TO GET IT AT WHAT NUMBER? NINE FEET PER LIMIT.
AND WE WANT TO MAKE THAT WORK BETTER.
THAT GETS US ABOUT FIVE AND A HALF FEET IN SOME OF THE CAMERAS ON THE INSIDE, WHICH IT'S NOT LIKE, BUT THAT'S NOT MY, MY FAMILY'S SHORT.
UM, NOT, I I AM NOT GONNA FORCE IT ON THE BOARD IF, IF ONE OF YOU, UM, DOESN'T WANNA DO THIS TODAY.
OTHERWISE, UH, I SUPPOSE IF SOMEBODY WERE INCLINED, THEY COULD MAKE THE MOTION AT THE NINE NUMBER.
I PROBABLY, IF MR. SLADE WANTS TO MAKE THE MOTION, HE CAN USE WHATEVER CHOPPING WORDS HE WANTS AND WE CAN, WE CAN ACT ON IT.
UH, SO, BUT, BUT I'M NOT GONNA FORCE IT ON HEARING.
NO, I MEAN, I, I DON'T REALLY KNOW WHAT TO DO.
IT SEEMS A LOT LEANER TO IT IS, BUT, BUT YOU KNOW, I DON'T KNOW.
I I DON'T HAVE A STRONG OPINION, BUT I HAVE ALL THE MISGIVINGS THAT YOU'RE EXPRESSING.
MY, MY MY GUT WOULD BE TO, TO DO IT NEXT MONTH.
BUT, UM, I'M SENSITIVE TO MS. PAUL.
IF IT WAS HELD OVER TO NEXT MONTH, WOULD IT BE NINE FEET OR 10 FEET? IT'D BE WHATEVER IT WOULDN'T.
NEXT MONTH WOULD BE NINE FEET OR BELOW.
SO IT IT BE THE SAME AS IF WE DIDN'T THIS EXCEPT CLEANER.
EXCEPT THAT'S, EXCEPT CLEANER'S WHY I'M WILLING TO DO IT TODAY.
SO I'M HEARING YOU SAY IF YOU, IF YOU HAD YOUR DRUTHERS, YOU WOULD MAKE, UH,
[04:00:02]
A MOTION FOR A SPECIAL EXCEPTION AT NINE FEET.YOU CAN'T TURN AROUND AND, AND THEN ASK THE LAWYER
SO WHAT NOW? NOW WHAT ARE YOU DOING? UM, THE REQUEST INCLUDES THREE DIFFERENT MOTIONS.
I KNOW THAT I, I FIGURED WOULD START WITH, TO THE EXTENT THAT THEY GET TIED TO A SUBMITTED SITE PLAN.
THE QUESTION IS WHETHER I NEED TO SPECIFY THE SUBMITTED SITE PLAN IS ONLY EFFECTIVE AS TO THE ISSUE PRESENTED IN THE MOTION OR WHETHER I NEED TO HAVE A CONSISTENT SECOND LANGUAGE THAT I'M YELLING ABOUT OR ALL.
WELL, I MEAN, THE OPACITY IS A DIFFERENT QUESTION.
SO, BUT, BUT IF I SAY I'M, IF THE MOTION WERE TO, UH, SEEK TO GRANT THAT AND SAY COMMITTED WITH SUBMITTED SITE PLANNING ELEVATION OF REQUIRED, DOES THAT OBLIGATE HEIGHT OR NOT? I DON'T KNOW THAT ABOUT THE CYCLING, SO I'M JUST CLARIFYING THAT, BUT THAT'S RIGHT.
WE, WE SHOULD, BUT OH YEAH, THAT'S RIGHT.
HOW ABOUT ON, ON A, IF WE JUST HAD TO PUT A, IF WE CAN'T COME UP WITH A SOLUTION BY FIVE 30, THEN IT'S TOO COMPLICATED FOR US TO DO.
MR. VICE CHAIR AGNI, I HAVE A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH ZERO ONE ON APPLICATION OF ROBERT REEVES GRANT, THE 11 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THE APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE HAS AMENDED BUT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE OPPOSED.
FURTHER, THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
[04:05:01]
AFTER ALL OF THIS.UM, I THINK IT IS, I'M ASSUMING THAT IT WILL BE FULLY, I'M SORRY, MR. SLAY, WOULD YOU LIKE TO WITHDRAW YOUR MOTION? WELL, VICE CHAIR, I'D LIKE TO WITHDRAW MY MOTION.
UM, MS. POLLICK, IS THAT OKAY? IS THE SECOND? YES.
AND JUST TO CLARIFY, UH, THE REQUESTED VARIANCE TO THE FRONT YARD SIDE PLAQUES IS 14 FEET SIX INCHES.
I MOVE TO THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 5 1 ON APPLICATION OF ROBERT REEVES.
GRANT, THE 14 FOOT SIX INCH VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE HAS AMENDED, WOULD RESULT IN AN UNNECESSARY HARDSHIP TO THIS APPLICANT AND FURTHER MOVE THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
I'LL, UH, SECOND I ASK YOU A QUICK QUESTION.
THIS IS THE VARIANCE, NOT THE HEIGHT.
CORRECT? THAT IS THIS MOTION VARIANCE ANY GOOD WITHOUT THE HEIGHT DEVELOP? MM-HMM.
WHY WOULD THE VARIANCE HELP THEM WITHOUT THE HEIGHT? YEAH.
I I, I DON'T NECESSARILY FEEL THE NEED TO OPPOSE THE VARIANCE.
SO ANY OTHER COMMENT? UM, MR. VICE CHAIR? IT'S MY MOTION.
I FELT THAT THEY HAD SATISFIED THE THREE CONDITIONS REQUIRED FOR VARIANCE.
UH, AND OF COURSE IN, UH, IT IS AN UNUSUALLY SHAPED LOT AND UNIQUE CIRCUMSTANCES OF THE ONE-WAY STREET, ET CETERA.
SO THAT'S WHY I, UH, MADE A MOTION.
YEAH, I, I THINK THE VANTAGE MOTION IS ANYONE ELSE? WOULD YOU PLEASE CALL VOTE MS. P*****K? AYE.
MR. SLATE, DO YOU HAVE A SUPER SPECIAL MOTION? I DO.
UH, MR. RICE CHAIR, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 5 1 ON APPLICATION OF ROBERT REEVES.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT OR MAINTAIN A FENCE WITH A PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES AND THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
MR. MILLER COMMENTS? THIS IS WHERE I I THINK IT IS, UH, TOO HIGH, TOO BIG, TOO OVERWHELMING.
I DON'T THINK IT HAS TO BE QUITE THIS BIG, BUT AGAIN, WE'RE TALKING ABOUT SIZE.
THERE'S, IT'S HARD TO DISTINGUISH BETWEEN SIZE AND OPACITY BECAUSE THEY ARE SORT OF TRADES ON TRADE OFFS.
AND, AND, UM, I UNDERSTAND THAT MR. VICE CHAIR.
I WILL NOTE THAT THIS OF COURSE, IS ONLY ABOUT THE OPACITY.
IT'S NOT ABOUT THE HEIGHT, ANY OTHER, UM, AND GIVEN THE RENDERINGS AND, UM, SINCE THE, THE STANDARD IS OF COURSE, UM, ADVERSELY AFFECTING NEIGHBORING PROPERTY BY TYING IT TO THE SITE PLAN, WE ARE NECESSARILY CONNECTING IT TO ALL OF THE PRESCRIBED, UH, LANDSCAPING.
BUT I THINK, UH, RENDERS ANY CONCERNS THAT WE MIGHT NORMALLY HAVE ABOUT OPACITY.
UM, YOU'RE SAYING THAT BECAUSE THERE ARE TREES OUT, OUT FRONT IT THAT WILL, UH, ESSENTIALLY SOLVE THE OPACITY, ESSENTIALLY MAKE, MAKE THE WALLOW PAY ONE WAY OR THE OTHER BY VIRTUE OF VEGETATION, RIGHT? UH, MY MORE POINT WAS IN TERMS OF ADVERSELY AFFECTING NEIGHBORING PROPERTY, IT'S, I GENERALLY THINK OF THAT IN TERMS OF SAFETY OR
[04:10:01]
BEAUTY.AND SO TO THE EXTENT THAT THE LANDSCAPING IS THERE AND UNIFIES IT AND COVERS IT, AND IT IS DONE IN A, A WAY THAT SORT OF SOLVES THAT ISSUE IN TERMS OF WHETHER THE, THE WALL WOULD OTHERWISE BE AN EYESORE OR A DRAIN ON THE NEIGHBOR PROPERTY, UM, OR COMMUNITY.
AND BECAUSE OF THE TIE TO THE, UM, SUBMITTED SITE PLAN, I DON'T THINK THAT'S THE CASE.
AND SO I BELIEVE, UH, AND MY OPINION IS THAT IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
THUS, I'M IN FAVOR OF GRANTING THE REQUEST ON SEEING NO OTHER COMMENT.
MS. SLAVES, MR. MILLIKEN? AYE.
MS. P*****K? AYE MR. CHAIR NAY MOTION FAILS THREE TO TWO.
SO, SO WE DISPOSE OF THIS ISSUE OR TAKE THE MOTION ON THE RIGHT OR DOES IT MATTER? BECAUSE WE HAVE TO DECIDE RIGHT NOW, WE CAN DO THREE THINGS.
WE CAN HOLD IT OVER, DENY IT WITHOUT PREJUDICE, OR DENY IT WITH PREJUDICE.
CAUSE THERE ARE THREE OPTIONS, RIGHT? THEN WE HAVE TO MAKE THAT DECISION.
I GUESS IF WE DON'T MAKE THAT DECISION, IF BY DEFAULT IS DENIED WITH PREJUDICE AND THAT'S NOT WHAT WE MAKE.
UM, SO I GUESS I'D LIKE TO MAKE THE INITIAL MOTION THAT WE WERE GONNA MAKE MR. SLAVE, DO YOU HAVE THAT LANGUAGE? YOU GIVE IT TO ME? OR, OR IS THERE LANGUAGE THAT I HAVE TO SAY TO IN INSTRUCT STAFF? NO.
UM, SO I MOVE THE, IN THE CASE IN, IN, UH, THE APPEAL NUMBER BDA 2 23 DASH OH 51, AN APPLICATION OF ROBERT REEVES.
UH, HOLD THIS CASE OVER TO OUR JULY 17TH, 2023 MEETING.
THAT'S GONNA, OKAY, I NEED A SECOND.
I WILL SECOND THE MOTION TO GET US TO A DISCUSSION.
MY THOUGHT IS THIS HEDGES DOWN THE ROAD OF THEN IN A MONTH BEING ABLE TO COME BACK WITH SOMETHING THAT WORKS BECAUSE IT IS WORKABLE.
THAT ISN'T, THAT, THAT HAS SOME, SOME TRADE OFF BETWEEN OPACITY AND OUR OTHER OPTIONS ARE NOT GOOD.
WHEN YOU SAY TRADE OFF BETWEEN OPACITY AND HEIGHT, I MEAN, CAN'T REALLY TALK ABOUT HEIGHT IN THIS MOTION.
SO, BUT I'M, I'M NOT TRYING TO TELL THEM WHAT TO DO.
OKAY? UM, WHAT I'M TRYING TO SAY IS THAT AS PROPOSED, UH, I DON'T SUPPORT, I I DON'T SUPPORT IT, BUT I'M NOT TRYING TO IN ANY WAY DICTATE TO, TO THEM WHAT I ACTUALLY THINK THEY SHOULD DO.
I'M SO, WHEN I SAY THAT, I'M JUST TRYING TO BE VERY BROAD AND, AND SAY, SO DID I PRESENT THE MOTIONS IN THE WRONG ORDER FOR ME? YES.
I DON'T, I DON'T THINK HE DID ANYTHING WRONG, BUT, OKAY.
AND SO OUR OPTIONS, SO I'M KIND OF STUCK.
SO I GUESS WE HAVE THIS MOTION AS PENDING.
I MEAN, I, I SUPPOSE WE, YEAH.
WOULD YOU LIKE ME TO WITHDRAW IT? SHOULD WE VOTE ON IT? WE VOTE NO.
WE'RE, WE'RE NOW IN DENIAL MODE.
UH, AT THAT POINT WE HAVE, I BELIEVE TO OP NOW I SUPPOSE IF WE WENT BACK, WE BACK ALL THE WAY UP, REVOLTED IT.
I VOTED FOR YOUR MOTION IN THE OPACITY IT WOULD PASS AND THEN I WOULD GET MY CHANCE TO VOTE NO ON THE HEIGHT.
RIGHT, WHICH I'M WILLING TO DO.
UH, BUT I DON'T KNOW THAT THAT'S ANY DIFFERENT
[04:15:01]
THAN JUST HOLDING IT UP.OKAY THEN THE, THE ADVANTAGE FOR THAT IS IT WOULD LEAVE.
THE ONLY ISSUE IS, OKAY, SO I WOULD LIKE TO WITHDRAW MY MOTION.
UM, NOW, NOW WE HAVE SPECIAL RULES ON THAT.
I BELIEVE SOMEBODY ON THE WINNING SIDE HAS TO MOVE TO RECONSIDER, BUT GIMME A MINUTE.
MR. MOORE, DO YOU REMEMBER HOW WE DID THIS? YES.
VICE AGNI, SOMEONE ON THE PREVAILING SIDE WOULD HAVE TO MOVE TO RECONSIDER.
IT COULD BE SECONDED BY ANYONE.
WHAT IS THE PREVAILING SIDE? THE NOSE.
UH, A MOTION TO RECONSIDER MAY ONLY BE MADE AT THE SAME MEETING.
THE THE VOTE WAS TAKEN AND ONLY BY THE SAME MAKEUP OF THE PANEL THAT MADE THE DECISION FINE.
A MOTION TO RECONSIDER MAY BE MADE AND SECONDED BY ANY MEMBER OF THE PANEL, REGARDLESS OF THEIR INITIAL VOTE ON THE ITEM AND REQUIRES A SIMPLE MAJORITY VOTE.
IF THE TIME FOR RECONSIDERATION OF THE CASE HAS EXPIRED, THE PANEL MAY NOT CHANNEL OR THINK AN ITEM MAY NOT BE TWICE RECONSIDERED EXCEPT BY UNANIMOUS CONCERN.
SO, UH, I MOVE, UH, HOW DO I REFERENCE HIS MOTION? I, I MOVE TO RECONSIDER MR. SLADE'S MOTION TO APPROVE THE REQUEST FOR FENCE O PASO SECOND.
SO NOW WE ARE ACTUALLY RECONSIDERING MR. SLADE'S MOTION.
DOES NOT NEED TO BE REMADE OR SECONDED.
I THINK WE'VE DONE ALL THE TALKING YOU'RE GONNA DO.
SO WOULD YOU PLEASE CALL THE VOTE? THE VOTE IS TO APPROVE.
SO IS THAT GONNA BE IN MR. SLA AND MR. MILLIKEN? WELL, I DON'T KNOW.
WHAT'S, WHAT DO YOU MEAN THAT THEY'VE MADE THE FIRST MOTION, CORRECT? NO, NO, THE MOTION IS ON THE TABLE.
OKAY, MR. MILLIKEN, I'M SORRY.
I DIDN'T UNDERSTAND WHAT YOU WERE ASKING.
UH, MR. VICE CHAIR AGNI, I HAVE A MOTION FIVE PLUS FOUR.
SO THAT THE MOTION FOR NINE FOOT WOULD SAY IT'S A FIVE FOOT, IT'S A SPECIAL SECTION OF FIVE FOOT RATHER AND SIX, THIS WORD SHOULD BE 10 FOOT NINE.
SO IT SHOULD SAY A NINE FOOT FIVE FENCE SQUARE, WHICH WOULD BE A FIVE FOOT.
MR. VICE CHAIR AGNI, I HAVE A MOTION.
I MOVE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2023 DASH 0 5 1 ON APPLICATION ROBERT REEVES.
GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A NINE FOOT EYE FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED FURTHER.
THE PURPOSE OF INTENT OF THE DALLAS DEVELOPMENT
[04:20:01]
CODE COMPLIANCE WITH THE SUBMITTED SITE PLAN AND ELEVATION IS REQUIRED PROVIDED, HOWEVER, IN EVERY INSTANCE IN THE SUBMITTED SITE PLAN THAT REFLECTS A 10 FOOT HIGH FENCE, IT SHOULD BE INTERPRETED TO ALLOW A MAXIMUM FENCE HEIGHT OF NINE FEET.DISCUSSION AGAIN, OUR STANDARD IS ABOUT WHETHER IT ADVERSELY AFFECTS NEIGHBORING PROPERTY.
UH, I AM OF THE OPINION THAT IN LIGHT OF THE LANDSCAPING AND OTHER CONSIDERATIONS THAT HAVE BEEN, UH, DISCUSSED BY NUMEROUS, UH, WITNESSES TODAY, THAT THE A NINE FOOT HIGH FENCE WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY, ESPECIALLY CONSIDERING THE UNIQUE CHARACTERISTICS, UH, AND SLOPE OF THIS PARTICULAR PROPERTY AT ISSUE.
I CAN ALSO APPRECIATE THE REASON I MADE THIS MOTION FOR TODAY INSTEAD OF, UH, IMMEDIATELY JUMPING TO, TO POSTPONE IT, IS THE DESIRE OF THE, UM, APPLICANT TO UNDERSTAND AND MOVE FORWARD WITH THEIR, THEIR OPPORTUNITIES.
UH, WHICH IS WHY I MADE THE MOTION, UH, I I THINK ABOUT THE MOTION EXACTLY THE SAME WAY YOU DO, I CONCLUDE THAT AS IT IS PRESENTED, IT HAS THE EFFECT OF, FOR LACK OF A BETTER WORD, CASTLE IN THE NEIGHBORHOOD.
I LOOK AT THE SLOPE DIFFERENTLY IN THE, IF YOU'RE ON AT STREET LEVEL, LOOKING UP THE PRIVACY AFFORDED TO THE HOMEOWNERS IS ACTUALLY INCREASED BY VIRTUE OF BEING BELOW.
SO IF WE WERE EVEN, UM, THIS, THIS FENCE WOULD ACTUALLY BE FUNCTIONALLY SHORTER THAN IT ACTUALLY IS BECAUSE WE'RE BELOW IT, IF THAT MAKES SENSE.
CAUSE THEY'RE LOOKING UP THROUGH.
UM, UH, SO I THINK IT'S BEAUTIFUL AND I THINK THERE'S A, THERE'S A, THERE IS A WAY TO DO THIS.
I, I JUST, I'M, I'M GIVEN AN UP OR DOWN ON NINTH.
I, I THINK THERE'S A WAY TO DO THIS THAT DOESN'T ESSENTIALLY CREATE THE BEGINNING OF, OF A, OF A WALL IN THAT BEAUTIFUL PART.
SEE? SO I, SO I THINK IT, IT AS IT IS, UH, IT CERTAINLY DOESN'T, DOESN'T HELP, UH, THE NEIGHBORHOOD SIMPLY BY THE VIRTUE OF IT.
I, FOR ALL THE MECHANIZATION WE'VE GONE THROUGH, I'M JUST TRYING TO GET SPOT.
I DON'T BELIEVE SO THAT WE WOULD HAVE TO REOPEN THE HEARING AND THE PUBLIC HEARING IS BE REOPENED.
SO, SO THAT'S BEST WAY TO MAKE A COMMENT IS PROBABLY THROUGH DIANA.
UH, OTHER DISCUSSION THAT WE VOTE MR. STIFF, LET ME NAY.
MR. SLAVE? AYE MR. CHAIR? AYE, LET'S GIVE IT DONE.
I'M SORRY THIS TOOK A GOOD LUCK.
YOU'LL GET A LETTER AND, UH, BE WELL, UH,
[04:25:01]
AT THIS POINT, UH, THE BOARD OF ADJUSTMENT PANEL C MEETING WILL ADJOURN AT 5:46 PM UH,