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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.