[00:00:01]
[Board of Adjustments: Panel C on July 17, 2023.]
AND WE RESUME OUR, UH, BRIEFING FROM THIS MORNING WITH, UH, OUR FINAL CASE, WHICH IS A HOLDOVER.IT IS BDA 2 23 DASH OH 5 3 7 2 1 7.
MS. BRIDGES WILL BE PRESENTING 0 5 3 THIS AFTERNOON.
THIS IS THE PROPERTY LOCATED AT 72 17 BROOKSHIRE DRIVE.
AND THIS HAS A, UM, DEVELOPMENT SERVICE PRIMARY MEASURE OF 76 DAYS.
AND THIS IS A HOLDOVER FROM THE JUNE 22ND, 2023 PENALTY MEETING.
ALL BUT ONE OF US HAVE SEEN THIS AND, UH, SO YOU CAN PROBABLY GO PRETTY QUICKLY.
UM, THE SITE IN NORTH TO THE NORTH, SOUTH, EAST AND WEST ARE ALL ZONED.
R 16 A SINGLE FAMILY DISTRICT.
AND THE AREA MAP IS OUTLINED IN BLUE IS THE SUBJECT SITE.
AGAIN, THE ZONING MAP, EVERYTHING INCLUDING THE SUBJECT SITE IS ZONED R 16 A.
THIS THE REQUEST FOR A SPECIAL ACCEPTANCE TO THE FENCE HEIGHT REGULATIONS.
THE APPLICANT PROPOSED TO CONSTRUCT A SIX FOOT HIGH FENCE IN A REQUIRED FRONT YARD, WHICH WILL REQUIRE A TWO FOOT SPECIAL EXCEPTION TO THE FENCE REGULATIONS.
THERE'S BEEN NO B D A HISTORY WITHIN THE LAST FIVE YEARS FOR THIS SUBJECT SITE.
THE, THE BOARD MAY GRANT A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR SCREENING WHEN IN THE OPINION OF THE BOARD, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, EXCEPT THAT THE BOARD MAY NOT GRANT A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENTS FOR SCREENING AROUND OFFS, STREET PARKING.
THE NEXT FEW SLIDES WILL BE OF THE SITE IN THE SURROUNDING SITE.
THIS IS THE REAL, THE HOME, THE FENCE WILL BE CONSTRUCTED HERE, WHERE YOU SEE THE YELLOW ARROW.
THIS IS THE SIDE OF THE HOME, THE FRONT YARD, WHICH IS ALSO CONSIDERED A CORNER LOT.
THE FENCE WILL BE CONSTRUCTED HERE.
I'M JUST STANDING TO THE SIDE.
THIS IS ACTUALLY ACROSS FROM THE SITE.
I'M JUST LOOKING DOWN THE STREET.
THE VIDEO IS, UH, MAYBE ABOUT SIX MINUTES LONG.
SO VICE CHAIR, STOP ME OR IF WHENEVER YOU WANT ME TO, I GOT, OKAY.
NO, I HAVE TO ALREADY, I'M JUST GOING AROUND THE NOTIFICATION AREA.
I BELIEVE I'M GONNA END BACK AT THE SUBJECT SITE.
I'M MAKING A, UM, I'M GOING ACROSS FROM PAGEWOOD, BUT I AM, CAN'T REMEMBER THE NAME OF THE STREET, BUT I'M GOING ACROSS PAGEWOOD
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VICE CHAIR SINCE ALL OF THE, UM, EVERYWHERE IN THE 200 FOOT NOTIFICATION AREA, ALL SINGLE FAMILY HOME.WOULD YOU LIKE ME TO SPEED IT UP? UH, WE'RE DOING THIS FOR MR. MILLIKEN'S BENEFIT.
DO YOU JUST, UH, IF THERE'S A, UH, SOMETHING YOU WANNA CALL OUT, UH, RATHER THAN JUST PLAYING IT AT FULL SPEED.
WELL, I'M JUST LET YOU KNOW THAT I'M GETTING READY TO TURN BACK ON BROOKSHIRE DRIVE AND BROOKSHIRE CIRCLE SO THAT YOU CAN SEE A VIDEO OF ME GOING AROUND THE PARTICULAR HOME.
I THINK THAT'S SOMETHING THAT YOU ALL NEED TO SEE.
THE HOME IS LOCATED ON THE RIGHT HAND SIDE.
VICE CHAIR, I THINK I CAN STOP HERE CUZ.
UH, THE FENCE WE'RE VIEWING NOW IS NEXT DOOR TO THE PROPERTY IN QUESTION.
I CAN'T SEE MR. SINGTON TO SEE WHETHER HE IS.
OUTLINE OR HIGHLIGHTED IN YELLOW IS WHERE THEY'RE GONNA PUT THE FENCE.
SO THIS WAS PROVIDED BY THE APPLICANT.
THESE ARE THE PROPOSED ELEVATIONS AND THE STAFF RECOMMENDATION IS NO STAFF RECOMMENDATION IS MADE ON THIS, OR ANY REQUEST FOR A SPECIAL EXCEPTION TO THE FIFTH STANDARD.
SINCE THE BASIS OF THIS TYPE OF APPEAL IS WHEN, IN THE OPINION OF THE BOARD, THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
I ALSO ADVICE CHAIR, I WOULD LIKE TO LET YOU KNOW THAT THE APPLICANT IS HERE AS OF JULY 14TH, 2023.
1:00 PM RECEIVED THREE LETTERS IN, UM, OPPOSITION.
ONE IS FOR 71 39 BROOKSHIRE CIRCLE, 71 27 BROOKSHIRE.
AND THEN THERE WAS AN UNKNOWN ADDRESS.
SOMEONE SENT IN AN EMAIL, IF I'M NOT MISTAKEN, AND DID NOT PROVIDE AN ADDRESS.
AND THERE WERE SIX ADDRESSES IN FAVOR, BUT THEY SUBMITTED IT ON ONE LETTER.
UM, 71 0 7 BROOKSHIRE, 71 15 BROOKSHIRE, 71 21 BROOKSHIRE, 72 17 BROOKSHIRE, AND 72 25 BROOKSHIRE.
AND IF I'M NOT MISTAKEN, 72 25 BEHI IS RIGHT NEXT DOOR.
LET ME ALSO, IS THIS, THIS IS WHAT MS. WILLIAMS GAVE US THIS MORNING, RIGHT? THERE'S A LETTER IN SUPPORT.
WAS THAT FOR THIS CASE? IT WASN'T.
I BELIEVE THAT WAS AN EXTRA LETTER OF, UM, OPPOSITION.
THE ONE THAT I PRESENTED TO YOU THIS MORNING.
THAT WAS THE LAST MINUTE, UM, LETTER THAT WAS SUBMITTED AFTER THE CUTOFF.
I THOUGHT IT WAS DIFFERENT, BUT YES.
AND THE, THIS, SO JUST FOR THE BENEFIT OF THE RECORD, UH, THE PROPERTY OWNER OF THIS, UH, OPPOSITION LETTER, UH, ROBIN, UH, SOYA SURAYA, SPENCER SOYA, SOA SPENCER AT 71 47 BROOKSHIRE CIRCLE.
IS THAT WITH, WHERE IS THAT ON THE MAP? I DON'T KNOW.
THERE WAS NOI WITHIN A 200 FOOT NOTIFICATION AREA.
IT STILL COUNTS, BUT YEAH, WE DON'T KNOW WHERE IT IS.
UM, ON THE SCREEN YOU WILL SEE THE NOTIFICATION LIST OF PROPERTY OWNERS, 16
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PROPERTY OWNERS WERE NOTIFIED.AND THAT'S THE END OF MY PRESENTATION.
ARE THERE ANY QUESTIONS? VICE CHAIR AG MR. SLAY, WOULD YOU PLEASE GO BACK TO THE NOTIFICATION MAP? THE STARS REPRESENT, STARS REPRESENT THOSE THAT ARE IN FAVOR OF THE CIRCLE OR THE OVER REPRESENT THOSE THAT ARE IN OPPOSITION.
CAN WE GO BACK TO THAT MAP FOR JUST A SECOND? I'M TRYING TO MAKE SURE I HAVE IT CORRECT IF I'M, I THINK WE MIGHT WANT TO CLARIFY THIS BECAUSE IF I AM UNDERSTANDING THE LETTERS CORRECTLY, I THINK THEY REFLECT THAT 1, 2, 3, 4, 5, AND NINE ARE IN FAVOR.
AND 11, 12, 13, AND 14 ARE NOT IN FAVOR.
THAT IS THE THREE GREEN STARS WOULD BE OPPOSITION CIRCLES, UH, THE OPPOSITION CIRCLE AND THE TOP RIGHT CORNER WOULD BE A STAR.
THE APPLICANT WOULD BE A STAR.
AND THE FOUR, UH, MARKED PROPERTIES JUST BELOW AND TO THE LEFT OF THE APPLICANT WOULD BE STARS.
SO BECAUSE WE'RE IN OUR BRIEFING, UH, WE'RE STILL AT THE POINT WHERE THE ONLY PEOPLE WHO CAN SPEAK ARE THE STAFF AND THE MEMBERS.
HOWEVER, IF YOU ARE ABLE TO CLARIFY THIS WITH, UH, MS. WILLIAMS, I'LL BET EVERYBODY WOULD BE APPRECIATIVE.
I, I HEARD A LOT OF PEOPLE CORRECTING, SO IF NOT, WE'LL FIGURE IT OUT.
SO DO YOU, MR. SLAVES, JUST READING OFF THE LETTERS I FOLLOWED, DO YOU AGREE OR DISAGREE OR THINGS CHANGED? LET ME LOOK BACK IN THE, UH, CASE FILE.
SO ON THE NINTH I RECEIVED A LETTER AND I'M GONNA READ OFF THE FOLLOWING ADDRESS THAT SAID THEY WERE NOW IN AGREEANCE AND THEY WILL NOT OBJECT FURTHER TO WHAT THE APPLICANT IS DOING.
AND I CAN SHARE THAT ON THE SCREEN AS WELL.
THIS WAS A, A, UH, LETTER FROM SOMEONE WHO WAS PREVIOUSLY OPPOSED AND NOW CORRECT.
SO THAT'S WHY I WENT IN AND UP.
THAT'S WHY I WENT IN AND UPDATED IT CUZ I RECEIVED IT ON THE NIGHT.
AND I HAD ALREADY COMPLETED THE STAFF REPORT ON THE SEVENTH, IF I'M NOT MISTAKEN.
THAT'S SO WHICH, UH, WHICH PROPERTY IS THAT? I'M SORRY.
47 71 0 7 BROOKSHIRE CIRCLE 71 15 BROOKSHIRE CIRCLE 71 21 BROOKSHIRE CIRCLE.
71 27 BROOKSHIRE CIRCLE AND 72 17 BROOKSHIRE CIRCLE.
I WAS JUST GOING ACCORDING TO THE LETTER IN WHICH I RECEIVED.
WELL, WE MAY HAVE TO, OKAY, SO YOU HAVE A HOLD ON.
NOW I UNDERSTAND YOU RECEIVED A LETTER BY EMAIL.
AND MAYBE YOU SHOULD SHARE IT.
YOU, I I DON'T UNDERSTAND WHAT I HAVE IT ON THE SCREEN RIGHT HERE.
I CAN, WELL, WOULD YOU LIKE FOR ME TO READ ALL OF IT? I'D LIKE TO SEE THE BOTTOM, IF THERE IS, CAN YOU SCROLL DOWN? THERE WE GO.
SO YOU GUYS DO WHAT YOU CHOOSE WITH THIS? THIS APPEARS TO BE A LETTER WITH SIGNATURE LINES THAT ARE NOT SIGNED.
UM, THAT'S, I THINK UP TO THE BOARD TO FIGURE OUT HOW TO, HOW TO TREAT.
THAT'S, SO IF YOU GO TO YOUR, YOUR MAP,
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GIMME JUST A SECOND TO SWITCH SCREENS.WELL, YOU KNOW WHAT, WHEN, WHEN WE OKAY.
ARE ANY OF THOSE ADDRESSES ON THIS MAP? YES.
SO, SO THAT'S WHY I HAVE THOSE.
POINT TO WHERE THE PROPERTIES ARE.
I DON'T KNOW IF YOU CAN SEE MY CURSOR.
UHHUH 11 WHERE NINE AND 11 ARE STILL IN OPPOSITION.
BUT WITHIN THAT NOTIFICATION AREA, 12, 13, AND 14.
SO I WAS JUST GOING BASED OFF THE EMAIL.
WE'LL, WE'LL HAVE TO DECIDE WHAT IT IS.
MICRO MS. P*****K, THE SIX ADDRESSES IN FAVOR ON THIS ARE NOT STARRED.
IS THAT CORRECT? SOME OF THEM WERE NOT WITHIN THE 200 FOOT, AND SOME OF THEM WERE.
SO THE ONLY ONES THAT I CAN STAR WERE THE ONES THAT WAS IN THE NOTIFICATION AREA.
BUT YOU HAVE AN OPPOSITION THAT'S OUTSIDE THE, THE CIRCLE? TECHNICALLY NOT, TECHNICALLY NOT, TECHNICALLY NOT.
IF ANY PART, I ASSUME IF ANY PART OF THE PROPERTY, RIGHT.
SO, CAUSE IT HAD THOSE DASHES IN THERE, THEN I HAD TO CIRCLE IT.
THE GOOD NEWS IS WE'RE GONNA HEAR THIS.
UM, I WOULD SAY TO THE, TO SPEAKERS AS YOU SPEAK, MAYBE HELP US WITH THE MAP.
DID WE INTERRUPT YOU OR ARE YOU, I WANNA MAKE SURE YOU COMPLETED YOUR YES, I'M, I'M DONE.
ARE THERE ANY FURTHER QUESTIONS? NO.
SO WE'RE GONNA HEAR THIS ONE BECAUSE IT HAS OPPOSITION.
UH, THIS NOW CLOSES THE BRIEFING PART OF OUR HEARING, UM, AT 1 23 AND 40 SECONDS.
WE NOW OPEN THE PUBLIC HEARING OF THE BOARD OF ADJUSTMENT PANEL C AT 1 23 AND 55 SECONDS.
I AM VICE CHAIRMAN OF THE BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF PANEL C.
UH, A COUPLE OF THINGS, UM, TO MY LEFT IS JUDY P*****K, UH, THEN JARED SLADE AND RODNEY MILLIKEN.
ON, UH, YOU'LL SEE ROGER SINGTON RIGHT THERE.
CHIEF ARBORIST TO MY RIGHT IS MATTHEW SAPP, OUR ATTORNEY.
AND I'M NOW LOOKING FOR MY, UM, MY NOTES ON TITLES.
UH, SO TO HIS RIGHT WE HAVE, UM, MS. NIKKI DUNN, WHO IS, UH, OUR BOARD ADMINISTRATOR.
UH, TO HER RIGHT IS DIANA
CAMIKA MILLER HOSKINS, SENIOR PLANNER.
AND TO HER RIGHT IS GIANNA BRIDGES SENIOR PLANNER.
IN FRONT OF YOU IS MARY WILLIAMS, WHO IS OUR BOARD SECRETARY.
UH, MR. DENMAN IS NOT ON THE SCREEN.
THAT'S, UH, LLOYD DENMAN, WHO IS OUR TRAFFICS EXPERT.
UH, I DON'T KNOW YOUR TECHNICAL, UH, ENGINEERING IS WHAT YOUR, YOUR PLACARD HERE SAYS.
UH, THIS IS A QUASI-JUDICIAL BOARD.
WE TAKE, UH, CREATES A PRECEDENT.
UH, ALL EVIDENCE, UH, THAT WE CONSIDER NEEDS TO BE SUBMITTED TO THE BOARD IN WRITING THROUGH MS. WILLIAMS. AND IT WILL BECOME PART OF THE, UH, PERMANENT RECORD.
WE WILL GIVE EACH SIDE THE APPLICANT AN OPPOSITION.
UH, 10 MINUTES AND A FIVE MINUTE REBUTTAL.
UH, ANSWERING QUESTIONS FROM US DOES NOT COUNT ON YOUR, ON YOUR TIME.
MY ONLY CONCERN IS WE HAVE A LOT OF SPEAKERS ON ONE CASE.
IF YOU CAN BE TOGETHER AND AT LEAST MAKE SURE YOU'RE NOT SAYING THE SAME THING OVER.
UH, IF YOU CAN'T, THEN I NEED TO
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GIVE EVERYBODY EXACTLY THE SAME AMOUNT AND WE JUST DIVIDE 10 MINUTES.AND, YOU KNOW, I, I'D PREFER TO DO IT THE OTHER WAY.
IF WE NEED MORE, WE'LL EXTEND AND WE'LL DO IT EVENLY.
UM, THANK YOU FOR ALL BEING HERE.
UM, SO AT THIS POINT, UH, I'D, OH, GOOD POINT.
DID YOU GUYS EVER, UM, COULD YOU TELL ME AGAIN HOW YOU'D LIKE TO BE INTRODUCED? WELL, WE JUST, UH, OBSERVERS, UH, UH, DEVELOPMENT AND SERVICE.
THE, UH, BEHIND US, UH, UH, AS A GROUP OF PEOPLE WHO WORK, I BELIEVE FOR MS. DUNN, MAYBE NOT, OR THEY WORK PERMIT, THEY WORK FOR OUR OKAY.
FOR OUR RESIDENTIAL, UH, PERMITTING TEAM.
UH, IF, UH, YOU'LL MEET THEM, UM, INDIVIDUALLY, IF, IF, UH, THEY'RE ANSWERING A QUESTION OR FOR WHATEVER REASON.
OKAY? SO AT THAT POINT, UH, DO I HAVE A MOTION ABOUT OUR MINUTES? MR. VICE CHAIR? I HAVE A MOTION.
MS. P*****K, UH, I MOVE THAT WE ACCEPT THE MINUTES OF OUR LAST MEETING AS PRESENTED THERE.
SO UNANIMOUSLY PASSES, UH, FURTHER VOTES WILL BE, UH, TAKEN BY ROLL CALL.
UM, QUESTIONS AND COMMENTS COME THROUGH THE CHAIR OR THE PRESIDING OFFICER.
SO, UM, DO I HAVE A MOTION FOR OUR UNCONTESTED CASES? WE DO HAVE, WELL, MR. VICE CHAIR, UH, I BELIEVE WE HAVE THEM SET UP INDIVIDUALLY, BUT I'M HAPPY TO MAKE A FIRST MOTION IF YOU WOULD.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA TWO 12 DASH 1 0 6 ON APPLICATION OF CASSANDRA RUSSELL GRANT, THE 20 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LIBERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE IS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT.
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.
UH, AGNI WILL SECOND, UH, THE ONLY DISCUSSION I HAVE, I'D LIKE TO, IF THE APPLICANT IS HERE, MAKE SURE THAT THIS IS IN FACT WHAT YOU WANT BECAUSE THE BOARD IS INCLINED TO GRANT IT IF IT'S NOT SPEAK NOW.
UH, WOULD YOU CALL THE VOTE PLEASE? MS. WILLIAMS? WAIT, I'M SO SORRY.
OKAY, SO YOU, NO, JUST TO REITERATE, YOU GUYS, I'M SORRY.
ARE I'M, PLEASE, I SHOULD HAVE SAID THIS UP FRONT.
IF YOU'RE GONNA SPEAK, PLEASE, UH, STATE YOUR NAME AND YOUR ADDRESS AND WE'LL NEED TO SWEAR YOU IN.
MS. WILLIAMS, WOULD YOU SWEAR? OH, GEEZ.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND THAT YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT, PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
HI, MY NAME IS CASSANDRA RUSSELL.
I AM THE OWNER AT EIGHT 17 NORTH CLINTON AVENUE IN DALLAS, TEXAS, 75,208.
DID DID YOU SEE OUR BRIEFING OR HAVE YOU THE THE BOARD IS INCLINED TO GRANT WHAT YOU'RE ASKING.
IS THERE ANYTHING ABOUT WHAT YOU'RE ASKING THAT YOU DON'T WANT? NO, I JUST WANTED TO CLARIFY THAT YOU GUYS GAVE ME THE THUMBS UP SO I CAN MOVE FORWARD WITH MY REQUEST.
WELL, WE'LL FIND OUT, BUT THE, THE BOARD HAS PUT IT ON CONSENT AND THERE IS NO FURTHER OPPOSITION.
SO WE HAVE A, A MOTION ON THE TABLE.
UH, MS. WILLIAMS, WOULD YOU CALL TO VOTE? I KNOW MS. P*****K.
THERE, THERE ARE A COUPLE OF THINGS I SKIPPED.
UH, THE FIRST, UH, IS THAT I'D LIKE TO OPEN UP, UH, THE, THE BOARD FOR FOR PUBLIC COMMENT.
ARE THERE ANY PEOPLE WHO'VE SIGNED UP FOR PUBLIC COMMENT? MS. WILLIAMS, ARE THERE ANY, UM, ARE THERE ANY SIGNUPS FOR PUBLIC COMMENT? NO.
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UH, THE BOARD NEEDS TO TAKE A VOTE TO, UH, WAIVE OUR RULES OF PROCEDURE SO THAT WE CAN HEAR, UH, CASES THAT WERE, UH, NOTICED ON THE INTERNET LESS THAN SEVEN DAYS PRIOR TO TO OUR HEARING.SO IN THIS CASE, I, I MOVE THAT THE BOARD OF ADJUSTMENT WAIVE OUR RULES OF PROCEDURE THAT REQUIRES THAT THE, UH, THE DOCKET MATERIALS BE POSTED AT LEAST SEVEN DAYS PRIOR TO THE HEARING.
MR. SINGTON SECONDS ALL IN FAVOR, PLEASE SAY AYE.
SO DO I HAVE A MOTION ON THE SECOND UNCONTESTED CASE, VICE CHAIR AGNI? I HAVE, UH, THE FIRST OF TWO MOTIONS IN RESPECT OF, UH, CASE BDA 2 23 DASH 0 6 8.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 8 ON APPLICATION OF JENNIFER HARIMOTO GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT OR MAINTAIN A SIX FOOT HIGH FENCE IS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE IS AMENDED BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY AND FURTHER TO MOVE THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN AND ELEVATION IS REQUIRED THERE.
I SECOND MS. P*****K SECONDS, UH, DISCUSSION ONLY QUESTION IS, ARE THE APPLICANT HERE AND ARE YOU GETTING WHAT YOU ASKED FOR? YES.
UH, WILL YOU CALL A VOTE PLEASE? MS. P*****K? AYE.
MR. SINGTON A MR. MILLIKEN? AYE.
MR. SLAY, DO YOU HAVE A SECOND MOTION? I DO.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 8 ON APPLICATION OF JENNIFER RITO GRANT THE REQUEST OF THE APPLICANT TO CONSTRUCT, ENTER, MAINTAIN OFFENSE, A FENCE PAN WITH 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 IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, 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 AND ELEVATION IS REQUIRED.
I WILL SECOND ROBERT AGNI DISCUSSION.
HEARING NONE, MS. WILLIAMS, MS. POLLICK AYE.
IT'S MY BELIEF THAT WE HAD SOME CONFUSION, BUT ULTIMATELY WE'RE ABLE TO KEEP, UH, 1414 DRAGON STREET ON CONSENT.
IS THAT TRUE? ANYBODY NOT WANT IT ON CONSENT? OKAY.
SO, UH, IN THAT CASE, I KNOW, BUT THERE, THERE HAS TO BE A CASE CALLED IF THERE'S A SPEAKER.
SO, UM, AT THIS POINT WE'LL CALL BDA TWO TWENTY THREE DASH 0 6 9.
ARE THERE SPEAKERS IN FAVOR? MR. MARTINEZ? I, I WE'RE DOING THIS BECAUSE I JUST HEARD THAT THERE'S OPPOSITION.
UH, IF THERE IS OPPOSITION, DOES ANYBODY HAVE A PROBLEM IF WE HEAR IT NOW AS OPPOSED TO GOING BACK IN ORDER? OKAY.
THANK YOU MR. MARTINEZ? YES, PLEASE.
I'M NOT SURE HIS MICROPHONE WAS TURNED ON.
WHO IS THAT? MR. MR. CHAIRMAN? MR. OKAY.
MR. CHAIRMAN, DO I NEED TO GET SWORN IN? DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
57 37 QUA DRIVE, NORTHEAST RIO RANCHO, NEW MEXICO, 87,144.
MR. CHAIRMAN, IF WE CAN GO TO THE NEXT SLIDE.
UM, THIS CASE IS BROUGHT BEFORE
[00:30:01]
YOU.WE ARE IN THE DESIGN DISTRICT, UH, PLAN DEVELOPMENT, UH, DISTRICT, WHICH ALLOWS US TO COUNT ANY PARKING SPACES THAT ARE ACTUALLY TOUCHING OUR PROPERTY IN THE STREET.
IF YOU GO TO THE NEXT SLIDE, WE PURCHASED THE PROPERTY RIGHT NEXT TO US THAT WE CAN NOW COUNT THESE SIX SPACES AS OURS TOWARDS OUR USE.
UH, WE ARE ASKING FOR A REDUCTION OF FIVE SPACES.
WE DO HAVE DELTA CREDITS AND WE DO HAVE 10 ADDITIONAL SPACES DOWN THE STREET, AS YOU'LL SEE ON THE MAP.
UM, WHAT'S UNIQUE ABOUT OUR PRO OUR OPERATIONS IS THAT WE ONLY OPEN AFTER FIVE O'CLOCK, SO WE HAVE NO CONFLICT.
YOU'LL SEE THE LETTERS OF SUPPORT YOU RECEIVED, UH, FROM A LOT OF, UH, NEIGHBORING ESTABLISHMENTS THAT WE OPEN WHEN THEY'RE CLOSED AND THAT WE'RE CLOSED WHEN THEY OPEN.
I WILL POINT OUT THAT THE PHOTOS YOU SAW IN YOUR BRIEFING, WE ARE CLOSED AT THAT TIME DURING THE DAY.
SO, UH, THAT'S A PUBLIC STREAK ON DRAGON.
IF WE CAN GO TO THE NEXT SLIDE.
UH, WE DO HAVE LETTERS OF SUPPORT AS SHOWN ON YOUR NOTIFICATION AREA.
UH, TYPICALLY WITH A RESTAURANT YOU SEE CONFLICTS WITH RESIDENTIAL PARKING NEXT DOOR.
THEY'VE SUBMITTED A LETTER THAT THERE ARE NO CONFLICTS.
UH, THE PROPERTY JUST TO THE SOUTH OF US IS IN SUPPORT.
UH, WE DO HAVE SOME PROPERTIES JUST OUTSIDE NOTIFICATION AREA THAT SUPPORT THIS REQUEST AS WELL.
IF WE GO TO THE NEXT SLIDE, UH, WHAT WE, JUST TO DEMONSTRATE, WE'VE LOOKED AT ALL CERTIFICATE OF OCCUPANCIES THROUGHOUT, UH, THIS AREA.
THE PROPERTY JUST TO THE SOUTH OF US IS AN OFFICE.
THE REMAINING, UH, BUSINESSES OR OFFICE SHOWROOM WAREHOUSES, UH, THE ONE TO THE RIGHT, UM, IN THAT CURVE.
UH, THEY HAVE A GALLERY THAT CLOSES AT FIVE.
UH, WE DO HAVE A CATERING ACRO OPERATOR ACROSS THE STREET.
BUT IF YOU GO TO THE NEXT SLIDE, WE'VE, UM, GONE THROUGH THIS IS THE BUILDING BEHIND US.
YOU SEE THEIR HOURS OF OPERATION.
THEY'RE ONLY OPEN FOUR DAYS A WEEK OPEN FROM 12 TO FIVE.
WE OPEN AT FIVE, WE GO TO THE NEXT SLIDE.
LIKE I MENTIONED BEFORE, UH, THEY OPEN FROM EIGHT TO FOUR 30 AND SO THERE'S NO CONFLICT WITH OUR PARKING.
IF YOU GO TO THE NEXT SLIDE ACROSS THE STREET, YOU HAVE AN OFFICE SHOWROOM WAREHOUSE USE THAT OPENS FIVE DAYS A WEEK FROM 10 TO FIVE, YOU GO TO THE NEXT SLIDE.
UH, THE CATER OPERATOR IS OPEN FIVE DAYS A WEEK FROM NINE TO FIVE.
IF YOU GO TO THE DOC SLIDE, UH, THERE IS ANOTHER OFFICE SHOWROOM WAREHOUSE.
AND ACCORDING TO THE GOOGLE, IT IS CLOSED.
SO, UM, WE HAVE NO CONFLICTS WITH OUR, UH, SURROUNDING PROPERTIES AS A RESTAURANT USE.
AGAIN, BECAUSE WE OPENED FROM FIVE, UH, UNTIL LATE HOURS, ALL OF OUR PARKING IS MANAGED.
AS THE TRAFFIC ENGINEER, UH, STATED, THEY DID ABOUT THREE WEEKS OF OBSERVATIONS.
I THINK WHAT YOU'LL NOTICE WITH RESTAURANT OPERATORS IS THAT RIDESHARE OPERATORS HAVE PROVIDED A LOT MORE SERVICE THAN THEY DID WHEN WE ORIGINALLY OPENED.
AND SO I THINK IN OUR LETTER, WE ARE ACTUALLY PARKING 17 TO 20 CARS OUT OF THE 51 CARS.
WE'RE SUPPOSED TO BE ABLE TO PARK, UH, ACCORDING TO OUR CO.
AND SO ASKING FOR A 10% REDUCTION, UH, SEEMS TO BE REASONABLE, WHICH IS WHAT, UM, YOUR TRAFFIC ENGINEER ATTESTED TO AS WELL.
STAND FOR ANY QUESTIONS YOU MAY HAVE.
UH, THE PROPERTY NEXT DOOR THAT YOU BOUGHT IS STILL A DISTINCT PROPERTY, RIGHT? YOU HAVEN'T RE PLATTED IT? OH, NO SIR.
THE THING ABOUT, UH, THANK YOU FOR THE QUESTION.
IN THIS DESIGN DISTRICT, IF YOU OWN IT BY DEED, YOU DON'T HAVE TO REPLAT IT.
AND SO IT'S NOW ON OUR DEED, IT'S NOW PART OF OUR BUILDING SITE.
UH, WE HAVE CHANGED OPERATORS IN THAT SPACE, BUT IT, WE ARE NOW BEING ABLE TO COUNT THE SIX SPACES IN FRONT THAT WE COULDN'T COUNT BEFORE.
CUZ THAT WAS ON A SEPARATE DEED.
SO WHAT ABOUT THE, OKAY, SO YOU'VE GOT, SO IF YOU COUNT THESE SPACES TOWARDS THE RESTAURANT YES SIR.
THAT MEANS THEY CAN'T BE COUNTED TOWARDS SOMETHING ELSE.
AND THAT, UH, AGAIN, WHAT'S UNIQUE ABOUT THIS SITUATION IS WE ARE OPEN WHEN EVERYONE ELSE IS CLOSED.
SO I, THIS SPECIAL SITUATION IS NOT ONE THAT I'M AWARE OF.
COULD, WOULD THE STAFF OR MR. DENMAN JUST VERIFY THAT, THAT THIS IS THE CASE? THAT WHAT, THAT WHAT MR. MARTINEZ SAID IS CORRECT OR? YES, I WENT TO THE SITE AND VISITED IT AND THE ADJACENT USES ARE PRIMARILY RETAIL WITH THE HOURS AS STATED.
SO I DID DO NOT BELIEVE THERE WOULD BE A PARKING CONFLICT WITH A RESTAURANT OPEN AFTER THE RETAIL IS CLOSED.
MY, MY QUESTION HAD MORE TO DO WITH THE, THE SEMANTICS OF IT.
UM, IF I MAY, MR. CHAIRMAN? YES, SIR.
WE ALSO HAVE RECORDED PARKING AGREEMENTS THAT ARE MUTUALLY EXCLUSIVE HOURS.
SO OUR CERTIFICATE OF OCCUPANCY STATES THAT WE CAN'T TAKE ADVANTAGE OF THE OTHER PARKING UNTIL FIVE O'CLOCK.
[00:35:01]
THEREFORE WE DO NOT OPEN UNTIL FIVE O'CLOCK.AND THAT'S BEEN RECORDED NOT ONLY AT THE COUNTY, BUT AT CITY ARCHIVES IN CONJUNCTION WITH OUR, OUR CO.
SO, UH, WHAT WE WOULD LIKE TO DO IS NOW MAKE AN AMENDMENT NOW THAT WE CAN COUNT THESE SIX THAT WE COULDN'T COUNT BEFORE SO THAT THE BALANCE THAT OWES THE CITY IS JUST THE FIVE.
I'M SORRY, WE'RE, UM, WAS THAT MR. SINGTON? OKAY.
I DON'T EVEN KNOW HOW TO GO ABOUT THIS.
SO IT IS TRUE THAT IN THIS CASE, DESPITE BEING DISTINCT PROPERTIES, THEY'RE ABLE TO CONSIDER ALL OF THE SPACES TOWARDS THIS USE.
AND THE CITY'S AGREED WITH THAT.
UM, SO IN THIS CASE WITH, HE WOULD HAVE TO PROVIDE ALL OF THE USES ON THE SITE, HE WOULD HAVE TO PROVIDE A PARKING ANALYSIS FOR ALL OF THE USES.
SO NOW HE'S INCLUDING THAT ONE.
SO HE WOULD HAVE TO, UM, WHEN HE COMES IN FOR HIS CO, HE WOULD HAVE TO PROVIDE A PARKING ANALYSIS TO THE PLANS EXAMINER SHOWING THE PARKING SPACES PROVIDED FOR EVERY SINGLE YOUTH ON THAT SITE.
AND IF IT EXCEEDS THE FIVE THAT HE'S REQUESTING NOW, THEN HE WOULD HAVE TO PROVIDE, PROVIDE IT SOMEHOW.
WHETHER YOU'RE ADDING MORE SPACES TO THE REAR FOR THE PACKED PARKING.
I, I DON'T KNOW WHAT YOU'RE, WHAT YOU'RE PROPOSING, BUT HE WOULD HAVE TO PROVIDE THAT.
AND IF IT'S EXCEEDING THE FIVE IN THE REDUCTION, UM, HE WOULD HAVE TO COME BACK TO THE BOARD, EITHER PROPOSE ANOTHER REDUCTION OR SO HE WOULD'VE TO DO THAT REGARDLESS OF WHAT WE DO, HE WOULD'VE TO DO THAT? YES.
IN THE APPLICATION, AS WE TALKED ABOUT, A 10% REDUCTION, MR. MARTINEZ, DOES THAT INCLUDE THE, HOW DO YOU SAY, DOES THAT INCLUDE THE SIX NEW SPACES? THAT'S CORRECT.
BY ADDING THIS SIX, WE ARE, WE HAVE A OUTSTANDING BALANCE OF FIVE.
AND SO THAT FIVE IS THE 10%? THAT'S CORRECT.
UH, AND WE'RE OKAY THERE CUZ IF IT WAS OVER 25%, IT'D BE A DIFFERENT APPLICATION.
UH, MR. SINGTON HAD A QUESTION.
I'M NOT SURE IF IT'S, UH, NECESSARY OR RELEVANT, BUT, UM, COULD MR. MARTINEZ PROVIDE THOSE, UM, AGREEMENTS THAT HE, THAT HE MENTIONED THAT ARE ON, DO YOU HAVE THOSE AGREEMENTS OR, UM, CAN YOU PROVIDE 'EM SO THAT THEY CAN BE ENTERED INTO, UM, OUR RECORD FOR THIS, UM, FOR THIS HEARING IF IT'S NOT NECESSARY OR REQUIRED? AND I GUESS THAT'S A QUESTION FOR STAFF THEN.
UM, YOU KNOW, I DON'T, I DON'T WANNA MAKE YOU COME BACK FOR THAT.
WELL, I THINK WE'RE MAKING SOME ASSUMPTION THAT THIS HAS BEEN PROVIDED.
THAT'S WHAT WE TALKED ABOUT IN THE, IN THE BRIEFING.
SO MR. MARTINEZ, MR. DENMAN IS, IS MR. CHAIRMAN.
I'D JUST ADD, WE COULDN'T GET HERE TODAY IF WE DIDN'T HAVE THESE PARKING AGREEMENTS.
CUZ THE ONLY WAY FOR US TO HAVE THE, THE OPERATION OPEN IS WE'VE HAD TO HAVE THESE, UH, AGREEMENTS RECORDED AND ON FILE TO GET OUR CERTIFICATE OF OCCUPANCY.
SO I CAN DOWNLOAD THESE IF YOU'D LIKE, BUT THE CITY SHOULD HAVE RECORD OF 'EM.
AND THEY'RE ALSO LISTED ON, UH, THE, UH, COUNTY CLERK'S WEBSITE AS WELL.
BUT I JUST POINT OUT WE COULDN'T OPEN IF WE DIDN'T HAVE THOSE AGREEMENTS ON RECORD ALREADY.
MS. PARK KING UNDERSTOOD MR. MARTINEZ.
AND, AND IF, IF THAT'S, IF THAT'S SOMETHING THAT'S, UM, THAT IS, UM, UH, ANSWERED BY DEFAULT BY THE FACT THAT YOU'RE HERE, THEN NO WORRIES.
THE GOOD NEWS IS WE HAVE MS. MARK HU HERE AND WE CAN JUST ASK.
SO WE HAVE A PARKING AGREEMENT FOR THE LOT THAT THE OFFSITE PARKING, THE, UM, THERE'S TWO OBJECTIONS.
THE ONE, ONE, WELL, IT'S NOT ADJACENT, IT'S A OH DOWN THE WAY.
UM, BUT BECAUSE HE'S HERE, HE'S PROVING HIS BUILDING SITE BY DEED.
SO I DON'T THINK THAT HE WOULD NEED A PARKING AGREEMENT FOR THAT.
UM, ADJACENT LOT FOR THE, I CAN'T SEE THE ADDRESS ON IT.
UM, 14, 10, I THINK THE ONE THAT YOU JUST PURCHASED, YOU PURCHASED THIS PROPERTY.
SO THAT'S, IT WAS NOT THE PARKING, PARKING BEHIND THE BUILDING MM-HMM.
SO THOSE SPACES WERE ENCUMBERED THROUGH A PARKING AGREEMENT.
WE OWN THAT PROPERTY NOW AS IDENTIFIED, WE DON'T NEED TO HAVE A DRINK, BUT WE DO NEED TO UPDATE.
MIKE'S NOT ON, BUT WE DO NEED TO UPDATE THE RECORD THAT WE ARE NOW, WE STILL COUNT THOSE IN THE BACK, BUT WE'RE GONNA ADD THE SIX IN THE FRONT.
WE NEED TO UPDATE OUR CERTIFICATE OF OCCUPANCY TO SHOW THAT.
BUT WE, I, I AGREE WITH STAFF.
WE OWN THE PROPERTY NOW, SO WE DON'T TECHNICALLY NEED TO HAVE AN AGREEMENT WITH OURSELVES.
UM, BUT WE STILL HAVE AN AGREEMENT DOWN THE STREET, UH, THAT'S SHOWN THERE ON THE EXHIBIT FOR ADDITIONAL 10 SPACES.
AND THEN WE ALSO HAVE DELTA CREDITS TO BALLOTS.
SIMPLY CUZ WE WERE, WE WERE DISCUSSING THIS IN THE, IN THE BRIEFING,
[00:40:01]
UH, THE PARKING AGREEMENT THAT YOU'VE TERMINATED IS ONLY BETWEEN THESE TWO PROPERTIES.SO BY VIRTUE OF OWNING THE PROPERTIES NOW BETWEEN, IS IT THE SAME ENTITY OR RELATED ENTITIES? FOR THE RECORD, WE HAVEN'T TERMINATED ANYTHING CUZ WE HAVEN'T MADE NO ASSUMPTIONS ON TODAY.
BUT SHOULD THE BOARD GRANT THE REQUEST FOR THE FIVE SPACES WE CAN MOVE FORWARD AND, AND, UH, AMENDING OR TERMINATING WHATEVER AGREEMENTS WE NEED TO WITH OURSELVES? THAT'S CORRECT.
THE ENTITIES ARE THE SAME, UH, BECAUSE THEY ARE THE SAME OWNER NOW, OR WHEN THEY WERE ORIGINALLY SUBMITTED, IT WAS, UH, THE ENTITY THAT OWNS 1414 AND THE, UH, THE INDIVIDUAL THAT OWNS THE SPACE NEXT DOOR.
WE'VE NOW PURCHASED THAT SPACE.
WE NOW HAVE A DEED OF RECORD TO SHOW THAT.
AND SO WE CAN AMEND OUR, UH, OR TERMINATE THAT AGREEMENT, HOPEFULLY UPON SUCCESSFUL, UH, HEARING TODAY.
SO IS IT FAIR TO SAY THAT, THAT IN ORDER TO TERMINATE A PARKING AGREEMENT, THE CITY ESSENTIALLY HAS TO APPROVE IT? AND IF THAT'S THE CASE, IT'S STILL IN ENFORCE RIGHT NOW, BUT IF YOU, IF, IF, IF THE BOARD GRANTS THIS EXCEPTION, YOU COULD TERMINATE IT AND USE THOSE OTHER SPACES FOR DIFFERENT USE.
THAT'S, WE'RE NOT CHANGING OUR WAS TENANT THAT WE WANTED TO PUT IN.
WE WOULD ONLY GET TO A TENANT THAT, UH, OTHERWISE WE CAN'T BALANCE.
AND CO WOULD BE IS THAT CODIFIED IN, IN AN AGREEMENT OR IN CODE THE ABILITY TO ONLY USE THEM BEFORE FIVE WHEN THE ADJACENT LOT, IF IT GETS, UM, IF THERE'S A DIFFERENT USE TO THAT, THAT REQUIRES HOWEVER MANY SPACES, UM, AND THEY DON'T HAVE ENOUGH, THEY'LL HAVE TO, UM, PROVIDE THE SPACES.
IT'S, IT'S BY THE USE, YOU KNOW, SO, SO THAT THERE'S NOT GONNA BE A PARKING AGREEMENT.
I DON'T BELIEVE THERE'S GONNA BE A PARKING AGREEMENT BECAUSE HIS LEGAL BUILDING SITE IS PER DEED.
UM, AND HE'LL HAVE TO PROVE ALL THAT.
HE'S GONNA HAVE TO PROVE THE DEED, BRING IN THE DEED ONE DEED SHOWING THE ENTIRE DIMENSION OF THE WHOLE LOT.
AND ALL THE USES ARE GONNA BE, UM, VERIFIED.
SO WHEN, IF, IF THE CO FOR 14, 10 COMES BACK AND THEY NEED MORE PARKING SPACES, THEN HE'S GONNA HAVE TO PROVIDE THAT.
SO THAT'S NOT A BRIDGE THIS BOARD HAS TO CROSS RIGHT NOW? NO, THAT'S CORRECT.
MR. CHAIRMAN, DO YOU AGREE WITH HER? I DO.
AND I'D JUST LIKE TO ADD, BECAUSE, UH, THE PROPERTY NEXT DOOR WHERE WE PARK IN THE BACK WAS NOT OURS.
WE HAD AGREED AT THAT TIME TO INSTALL CAMERAS TO MANAGE THE PARKING.
ALL OF OUR PARKING IS THROUGH A VALET MANAGEMENT FIRM.
SO IT'S HIGHLY REGULATED WHEN WE'RE, WE ARE IN SERVICE, BUT WE ALSO MAINTAIN THOSE CAMERAS IN THE BACK NOW THAT WE OWN IT, UM, JUST FOR THE MAINTENANCE AND PROP, UH, OF OUR PROPERTY AS WELL.
AND SO, EVEN THOUGH IT MAY BE VACANT DURING THE DAY, UH, WE ARE STILL MONITORING AS, UH, UH, AS WE WOULD, UH, UH, BECAUSE IT'S A COMMERCIAL PROPERTY.
UH, BUT AGAIN, THE PHOTOS THAT YOU SAW OF PEOPLE PARKING IN FRONT OF THE BUILDING, WE WERE TECHNICALLY CLOSED.
IT'S A PUBLIC STREET AND EVERYONE'S ENTITLED TO PARK, UH, AS, AS THEY NEED TO.
ARE THERE FURTHER QUESTIONS? THANK YOU, MR. ARE THERE, ARE THERE OTHER SPEAKERS IN FAVOR OF THE APPLICATION? NO OTHER SPEAKERS.
UH, ARE THERE SPEAKERS IN OPPOSITION? AND IF SO, WOULD YOU BE SWORN IN PLEASE? YES.
DO YOU SWEAR I'VE BEEN HEARD? DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN THE, IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
AND PLEASE STATE YOUR NAME AND ADDRESS BEFORE YOU BEGIN.
MY ADDRESS IS 1 54 GLASS STREET, DALLAS, TEXAS 75 2 0 7.
I OWN A BUILDING THERE AT 30 15 COLE STREET THAT'S ADJACENT TO THE REAR OF THE PROPERTY IN QUESTION.
WANNA THANK, GO AHEAD AND SPEAK NOW.
WANNA THANK Y'ALL FOR THE TIME TO SPEAK.
UM, THERE ARE A FEW THINGS I WANNA BRING UP.
PARKING AGREEMENT WISE, I BELIEVE IT WAS WITH A BUILDING ON DRAGON STREET THAT'S LOCATED AT, UM, 1107 DRAGON.
THE REAR OF THAT BUILDING IS NOT SET UP FOR PARKING.
UM, THIS ISSUE HAD COME UP FROM A PREVIOUS OWNER OF THE PROPERTY.
THEY HAD USED THAT PARK, SAME PARK THAT THE SAME BUILDING FOR PARKING AGREEMENT.
UH, BACK THEN IT WAS BALANCES OF DIRT BACK THERE AND NO, NO ONE COULD POSSIBLY PARK BACK THERE.
NOW THERE'S, UH, DEBRIS AND DUMPSTERS BACK THERE.
[00:45:01]
A PARKING LOT THAT'S USABLE.UM, NUMBER TWO, THE PARKING REQUIREMENTS.
I APOLOGIZE FOR NOT BEING COMPLETELY ORGANIZED.
I ONLY JUST RECEIVED THIS IN THE MAIL THIS MORNING.
I SEE ON THE, UM, THE FLYER THAT WAS SENT OUT, NOTIFYING PROPERTY OWNERS WITHIN 200 FEET, THAT THERE WAS A, THERE WAS A REQUEST OR, OR AN ASSUMPTION THERE WAS 51 REQUIRED SPARK, UH, PARKING SPACES.
THE REQUIRED PARKING SPACES ACTUALLY IS 87, WHICH IS CONSIDERABLY MORE THAN THE 51 STATED HERE.
UM, THE PREVIOUSLY THE BUILDING HAD APPLIED FOR PERMITS AND THE SQUARE FOOTAGE THAT WAS, THAT THE CITY WAS GIVEN WAS IN FACT INCORRECT.
I BELIEVE AT THE TIME, ABOUT 50 THROUGH A HUNDRED SQUARE FEET WAS CLAIMED WHEN IN FACT IT WAS 60, ALMOST 6,700 SQUARE FEET.
UM, PART OF THAT WAS IN THE INTERVENING YEARS, A, UH, BALCONY OR, OR OUTDOOR AREA WAS, WAS CONVERTED AND PUT A, THE, THE TOP WAS PUT ON IT.
SIGNS WERE PUT ON IT, WHICH REQUIRED, UH, EVEN MORE PARKING.
SO AGAIN, AS FAR AS THE, UM, REQUEST, UH, TO, UH, PARKING REDUCTION, UH, REFERRING, REFERENCING, THE FISH ONE PARKING SPACE IS REQUIRED.
THE ACTUAL REQUIREMENT OVER THERE IS 87, NOT 51.
SO THIS REQUEST IS LONG, A LONG WAY FROM ACTUALLY GETTING THAT BUILDING THE PARKING SPACES THAT IT NEEDS OPERATE.
UH, NEXT, MAY I INTERRUPT YOU JUST YES, SIR.
SO IF I'M FOLLOWING YOUR MATH TO NEED 87, IT WOULD HAVE TO BE A RESTAURANT OF 7,700 SQUARE FEET BECAUSE THERE ARE 10 DELTA CREDITS.
SO AT ONE PER HUNDRED TO NEED 87, IT WOULD ACTUALLY HAVE TO BE AT LEAST 7,700 FEET.
THAT ONE TO 100, THIS PD IS ONE PER 1 0 5 SQUARE.
SO ONE PER 1 0 5 1 PER 1 0 6675 SQUARE FEET REQUIRES SIX SQUARE PARKING SPACES, WHICH YOU'RE CORRECT IS ONE SPACE PER 105 SQUARE FEET.
THE COVERED TERRACE REQUIRED AN ADDITIONAL, UM, 23 PARKING SPACES USING THE 10% RULE, WHICH BROUGHT IT TO A PARKING REQUIREMENT OF 87.
UH, UH, HOWEVER, I WOULD STAND CORRECT THAT IF IN FACT THERE ARE 10 DELTA CREDITS THAT WOULD TAKE FROM 87 TO 77, UM, I I I'VE LOOKED AT TWO CASES TODAY WITH PARKING BREAKDOWNS.
IS IT RIGHT THAT THEY'RE DELTA CREDITS HERE? I BELIEVE THERE ARE.
SO, ALRIGHT, TO THE STAFF, HOW MANY SQUARE FEET ARE THERE? IS THERE A BALCONY THAT'S UNCOVERED SO IT DOESN'T COUNT? WHAT, WHAT DOES THE CODE SAY? THE CODE IN PD 6 21.
WELL, THE QUESTION IS HOW MANY SQUARE FEET ARE THERE? I CAN'T PULL IT UP.
MY INTERNET KEEPS GOING OUT, BUT I'M GONNA WORK ON THAT AND THEN I'LL GET BACK TO YOU.
BECAUSE I CAN'T PULL UP THE PERMITS THAT ARE IN REVIEW RIGHT NOW OR THAT WERE PERMITTED.
I MEAN, THIS IS A PRETTY FUNDAMENTAL DISAGREEMENT, BUT, UH, WE'LL HOLD IT WHILE YOU CONTINUE.
SIR, COULD YOU PLEASE REPEAT WHAT WAS SAID THERE AMONGST YOURSELVES? I THINK IT'S, IT'S FAIR TO SAY THAT MS. BARQUE IS, UH, EXPERIENCING TECHNICAL DIFFICULTIES, BUT IS LOOKING IT UP.
AND, UH, WE OBVIOUSLY WON'T, WON'T PROCEED WITHOUT KNOWING HOW MANY SQUARE FEET THERE ARE.
BUT WHILE THAT HAPPENS, UH, I INTERRUPTED YOU SO I KNOW YOU HAVE MORE TO SAY.
AND AS FAR AS THE SQUARE FOOTAGE GOES, UH, IT'S SIMPLY A MATTER OF GOING TO THE BUILDING AND MEASURING IT.
THE MEASUREMENTS OF THE, UM, THAT WERE, THAT WERE SET FORTH, UH, I THINK TO THE CITY ARE NOT ACCURATE.
THAT'S EASILY PROVED BY SIMPLY JUST DOING A, DOING AN ONSITE INSPECTION THAT IN FACT, IT'S 6,675 SQUARE FEET.
UM, NEXT, I, UH, I UNDERSTAND AND, AND I THINK TO BE FAIR TO THE APPLICANT, I UNDERSTAND THAT, UH, A PREVIOUS OWNER OPERATING THE D E C PROBABLY HAD A DIFFERENT MODUS OPERANDI.
UH, I HAVE THREE TENANTS IN AT THREE 15 COLE STREET, WHICH AGAIN SHARES THAT BACK AT SHARES THAT, UH, JUST ACROSS THE PARKING LOT.
UM, EACH MONDAY MORNING, I SEND A GENTLEMAN OVER WITH THE HOSE.
THERE IS, THERE HAS BEEN, UM, VOMIT, URINE, BROKEN BOTTLES,
[00:50:02]
UH, LEFT.AND, UH, IN FACT, IN, IN, IN A FEW INSTANCES, ONE OF THE TENANTS HAS CONTACTED ME TO, TO LET ME KNOW THAT SOMEBODY HAD DEFECATED AT THE FRONT STOOP OF THREE 15 COLE STREET.
AND AGAIN, IN AN EFFORT TO MAKE SURE WE DON'T LOSE ANY TENANTS, IT, I MADE IT MY BUSINESS A FEW, A FEW YEARS AGO TO SIMPLY SEND SOMEBODY WITH A HOSE AND JUST PICK UP TRASH HO HOSE DOWN WHATEVER WAS INAPPROPRIATE.
UM, ADDITIONALLY, THIS PARTICULAR TENANT, UH, ONE OF THE THREE OVER THERE WORKS, UH, SEVEN DAYS A WEEK.
AND OFTENTIMES THEY COME INTO WORK IN THE EVENINGS.
THEY NOTIFIED ME AFTER A FEW ATTEMPTS.
THEY STOPPED GOING IN THE EVENING BECAUSE THE, THE, THE PARKING ISSUES AND THE CROWDING AND THE GENERAL ROWDY ATMOSPHERE OF WHAT WAS GOING ON AT THE D E C, UH, THE PARKING SPACES WERE FILLED AT THE BEGINNING OF, UH, THE NORTH END OF DRAGON STREET WHERE DRAGON, UH, DEAD ENDS INTO, UH, OAK LAWN AVENUE.
SO, UH, REGARDLESS OF THE SQUARE FOOTAGE, REGARDLESS OF THE PARKING REQUIREMENTS, UH, THE REALITY WAS THAT, UH, PEOPLE WOULD PARK LITERALLY STARTING AT THE TOP END OF DRAGON AGAIN, WHERE IT MEETS COAL.
AND ALL THE WAY DOWN PAST THE, THE, THE SET PROPERTY DOWN TO THE LOWER END OF DRAGON, UH, WITH, UH, UH, AGAIN, PEOPLE PARKING INSIDE OF OUR BUILDING, WHICH AGAIN, AFTER HOURS WASN'T SO MUCH OF A PROBLEM.
IT WAS JUST SOMETHING THAT THE, UH, THE TRASH, THE DEBRIS AND SO OTHER UNPLEASANT THINGS THAT WERE LEFT BEHIND.
UM, ADDITIONALLY, ANOTHER ART GALLERY, I THINK WAS MENTIONED, UH, THAT ART GALLERY HAS SHOWS, UH, APPROXIMATELY ONCE A MONTH, THOSE HAVE HAD TO BE CURTAILED IN ORDER TO ALLOW FOR SOME OF THE EVENTS THAT GO ON AT D E C.
UM, I THINK IT'S FAIR TO SAY THAT A LOT OF THOSE BUSINESSES ARE IN FACT CLOSED AT FIVE OR 6:00 PM AND, UH, CERTAINLY NOT AN ISSUE FOR ME.
UH, BUT AGAIN, MY TWO OF, TWO OF MY THREE BUSINESSES OVER THERE, I SAY TWO OF MY THREE BUS AS IN TWO OF MY THREE TENANTS HAVE BEEN PRECLUDED FROM USING THEIR SPACES BECAUSE OF THE, UH, THE EXTREME NUMBER OF CARS PARKED, UH, IN AND AROUND, UH, INSIDE OF OUR PROPERTY THAT WE OWN AS WELL AS IN OUR, IN THE ALLEY THAT WE OWN.
BECAUSE JUST IT IS, IT DOES A POPULAR VENUE.
SO THERE'S A LOT OF, THERE'S A FEW MORE THINGS I WOULD GO OVER, BUT I THINK I'M PROBABLY OVER MY TIME.
YOU'RE NOT MR. WILLIAMS. HE'S STILL GOT IF WELL, AND SO I WOULD SAY THAT ALTHOUGH THERE ARE A FEW OTHER, UH, ISSUES, I WANNA JUST POINT OUT, THE FACT REMAINS THERE IS THERE IS NOT A PARKING LOT DOWN ON, ON 1107 DRAGON AS CLAIMED BY THE APPLICANT THAT IT SIMPLY DOESN'T EXIST.
THIS SQUARE FOOTAGE THAT STATED IS FALSE.
UH, AND THAT AGAIN, COULD BE VERIFIED BY SOMEBODY GOING THERE AND, AND DOING A, AN ONSITE MEASUREMENT AS OPPOSED TO TRUSTING IN WHAT WAS PRESENTED TO THE CITY.
UH, AND THIRD, THERE ARE TENANTS DOWN THERE THAT ARE RENTING AND PAYING FOR SPACE AND FOR PARKING SPACES THAT THEY ARE ENTITLED TO 24 HOURS A DAY, NOT SIMPLY FROM NINE TO FIVE, THAT IN MANUFACTURER PRECLUDED FROM COMING DOWN AND ENJOYING THEIR, THEIR BUSINESSES, THEIR BUILDINGS THAT THEY ARE LEASING AND, AND PERFORMING THEIR BUSINESS DUTIES THERE.
ARE THERE ANY QUESTIONS, MR. SLATE? MR. VICE CHAIR? UH, MR. STENZEL, I APPRECIATE YOUR TIME.
I HAD A A COUPLE QUESTIONS FOR YOU.
FIRST W IN WHAT LINE OF BUSINESS ARE YOUR TENANTS AT THREE 15 COLE, UH, INVOLVED? THERE'S THE ART GALLERY AND THERE'S AN ARCHITECT SLASH DESIGN SHOWROOM.
AND THE, AND THE THIRD ONE IS MAYBE NOT RELEVANT.
BUT IT'S A RETAIL COMMERCIAL RETAIL.
IT'S REALLY MORE A COMMERCIAL OUTLET WITH BY APPOINT APPOINTMENT ONLY.
AND DO THEY HAVE ANY PROTECTED PARKING SUCH THAT IF THERE WERE MISUSE THEY COULD BE TOWED? OR HOW DO THEY GENERALLY GET TO PARK ON YOUR, UH, PROPERTY? TYPICALLY? UH, I'LL, I'LL, I'LL LIMIT THIS TO THE CENTER TENANT.
THE TR AND ASSOCIATES IS THE ARCHITECT SLASH DESIGN OPERATION.
UH, THEY HAVE PARKING SPACES THAT ARE ON COLE STREET.
THEY, THEY, THEY, THEY PARK FRONT END AND, UM, THAT'S WHERE THEY PARKED.
DID I, IS THAT, IS THAT, AM I ANSWERING YOUR QUESTION? YOU DID.
AND THEN THE GALLERY, I BELIEVE MR. MARTINEZ HAD, UH, IDENTIFIED THE GALLERY AND INDICATED ITS GENERAL BUSINESS HOURS, UH, CLOSE AT FIVE.
IS THAT ACCURATE? THAT'S CORRECT.
ASIDE FROM HAVING MAYBE SOME SPECIAL EVENTS? THAT'S,
[00:55:01]
THAT'S CORRECT.ARE WE, UH, ABLE TO SETTLE THE FACTS? THIS IS FACTS GOING REALLY, REALLY SLOW, BUT I WENT BACK TO MY NOTES AND I HAVE THE EXISTING RESTAURANT AT 47 62 SQUARE SQUARE FEET, AND THERE WAS A CO FOR THE TOP PORTION THAT THEY CONVERTED TO PART OF THE RESTAURANT, UH, FOR 621 SQUARE FEET, WHICH TOTALS 53 83 DIVIDED BY 1 0 5 EQUALS 51 SPACES.
AND I WOULD, I WOULD SUBMIT THAT THOSE, THOSE NUMBERS WERE SUBMITTED BY, I'M SURE IT WAS, I ASSUME BY THE BUILDING OWNER, BUT THOSE ARE IN FACT INCORRECT NUMBERS.
WELL, YEAH, I MEAN, ALL WE COULD GO OFF OF ARE THE PLANS THAT ARE, IS THERE A SURVEY? IS THERE, WHAT IS THE, HERE'S A SURVEY.
IT'S A MATTER OF WHAT IS THE DOCUMENT OF RECORD.
THE SURVEY ITSELF WILL INDICATE THE SQUARE FOOTAGE OF THE, OF THE LAW, OF THE ACTUAL PLAT OF LAND.
YOU MEAN THE AREA, NEVERMIND, SECOND STORY AND THE, UM, AND THE ENCLOSED AREA.
AND SOME OF THAT WILL BEGIN TO REFUTE SOME OF WHAT WAS PUT FORWARD IN THE, UH, CO.
SO TO THE STA WHAT IS THE DOCUMENT OF RECORD? WHAT IS THE ONE THAT CONTROLS THE YES, THEY'RE CONTROLS YES.
SO HE HAS TO UPDATE, SO THE CO CONTROLS, THE CO WOULD HAVE THE FLOOR AREA ON THERE.
AND THAT'S WHERE WE WOULD GET THE PARKING FROM OUR PARKING.
SO IN ORDER TO GET THE CO WHAT DOCUMENT HAS TO BE, HE WOULD'VE TO PROVIDE A FLOOR PLAN.
SO THERE IS A FLOOR PLAN, THERE'S A FLOOR PLAN IN THE SYSTEM, BUT WE CAN'T PULL ANYTHING UP.
SO THAT'S WHERE I'M GETTING MY NUMBERS FROM, ARE THE PLANS THAT WERE SUBMITTED, AND THAT'S WHERE WE'RE GETTING OUR PARKING FROM.
AND ALSO, UM, HE HAD MENTIONED THAT THERE WAS A PARKING AGREEMENT WITH A PARKING LOT, AND THAT'S NOT TRUE.
HE'S GETTING HIS PARKING IN AGREEMENT.
I BELIEVE IT WAS WITH THE, UM, THE ON STREET PARKING WITH THE HEAD END PARKING.
SO THAT'S WHAT, THERE WAS NO PARKING LOT THAT WAS SUBMITTED.
AT LEAST IN OUR FILES, THERE'S NO PARKING LOT.
ALL RIGHT, WELL, ARE THERE, LET ME MAKE SURE THAT THEY'RE NOT FURTHER SPEAKERS IN OPPOSITION.
SO MR. MR. MARTINEZ SHED SOME LIGHT ON THIS.
UM, MIKE'S NOT ON, IN ORDER FOR STICK OF OCCUPANTS TO BE ISSUED, IT REQUIRES THE CITY TO REVIEW A FLOOR PLAN, SITE PLAN AND CONDUCT FIELD INSPECTIONS TO VERIFY THAT EVERYTHING IS CORRECT.
I, I AGREE WITH STAFF THAT THE CERTIFICATE OF OCCUPANCY ON RECORD IS THE ONE THAT WE SUBMITTED, WAS REVIEWED AND INSPECTED, UH, AND IS CURRENT AND, AND CORRECT.
THE PARKING BEHIND US IS PAVED.
THE, THERE IS ACTUALLY A SEPARATION BETWEEN OUR PROPERTIES AND MR. STAN'S PROPERTY.
THERE'S A GRADE ELEVATION I'D LOVE TO SHOW YOU ON GOOGLE, BUT I CAN'T, THERE'S BASICALLY A RAMP OFF OF COAL THAT COMES TO THE BACK TO SERVICE THE PARKING IN, UH, BEHIND.
AND IF YOU MISS THE RAMP, YOU'RE MR. STAN'S, UH, WE DO HAVE A PARKING AGREEMENT DOWN THE STREET FOR 10 SPACES AS ALLOWED THROUGH THIS PLANNED DEVELOPMENT DISTRICT.
IT IS IN A, A OLD RAIL BED, AND THIS PD ALLOWS YOU TO PARK IN THE RAIL BED.
IT DOES NOT HAVE TO BE PAVED JUST SO LONG AS IT'S, UH, ALL WEATHER SURFACE.
AND IT IS, AGAIN, THAT WOULD'VE BEEN INSPECTED WITH OUR CERTIFICATE OF OCCUPANCY AS WELL.
UH, THERE MAY BE SOME CONFUSION.
UH, MR. STANZEL HAS BEEN INVOLVED IN ALL OF OUR APPLICATIONS EVER SINCE WE FIRST SUBMITTED FOR SEE, UH, WE DID ADD A, A COVERED AREA TO OUR BALCONY PATIO ON THE ROOF THAT TRIGGERED MORE PARKING, HENCE ANOTHER PARKING AGREEMENT.
UH, SO EVERYTHING THAT STAFF HAS SUBMITTED TO YOU WITH RESPECT TO OUR FLOOR AREA, OUR CERTIFICATE OF OCCUPANCY, WE HAVE GONE THROUGH ALL THOSE STEPS TO MAKE SURE THAT THEY'RE VALID SO THAT WE COULD OPEN OUR ORIGINAL OPENING DATE WAS PUSHED BACK BECAUSE THESE INSPECTIONS HAD NOT BEEN COMPLETED.
UM, WE DO NOT NEED 87 PARKING SPACES.
WE AGREE THAT IT'S THE 51 THAT'S REQUIRED, AND WE CAN STILL SATISFY THOSE FOR THE, THE COMMENTS ABOUT PEOPLE DEFECATING AND SLEEPING.
THIS IS OFF OF A PUBLIC STREET.
THERE'S NO ACCESS TO MR. STAN'S PROPERTY EXCEPT FROM COLE STREET.
YOU CAN'T COME IN THROUGH THE BACK BECAUSE THERE'S A FENCE IN THE BACK.
IT'S, UH, IT'S ALL GATED AND SECURED.
UM, I, I FIND IT HARD TO BELIEVE THAT JUST BECAUSE WE HAVE A LATE HOURS OR SOMEWHAT IS OPEN AFTER FIVE, THAT ALL OF THIS HAS TO BE PLACED ON US.
[01:00:01]
I AGREE WITH STAFF THAT ALL THE ITEMS THAT YOU'VE HEARD TODAY WITH RESPECT TO OUR ACTUAL, OUR ACTUAL FLOOR AREA, THE PROCESS TO SECURE THOSE, OUR PARKING AGREEMENTS, AGAIN, WE COULDN'T STAND BEFORE YOU, IF ANY OF THOSE WERE INVALID.UH, WE SIMPLY ASK FOR A REDUCTION OF FIVE SPACES.
THE PARKING DEMAND GENERATED THAT YOUR TRAFFIC ENGINEER HAS REVIEWED DEMONSTRATES THAT EVEN THOUGH WE HAVE PEOPLE HERE, THEY'RE NOT DRIVING THEMSELVES.
AND THAT FIVE SPACES IS AN ACCEPTABLE, UH, EXCEPTION FOR A RESTAURANT THAT OPENS AFTER FIVE.
TINA, HOW MANY, HOW, HOW MUCH SQUARE FOOTAGE DO, DOES YOUR CLIENT ACTUALLY HAVE? EXACTLY WHAT WAS STATED BY STAFF.
BECAUSE WE, I WORKED THAT PERMIT WHEN WE COVERED THE PATIO, THAT THAT ALSO TRIGGERED MORE PARKING.
IT DIDN'T TRIGGER PARKING BEFORE.
AND IT'S, WE NEED 51 SPACES, SO IT'S A LITTLE OVER 5,200 SQUARE FEET, NOT A CLEAR ONE TO ONE TO A HUNDRED.
I, WE AGREE WITH THAT BECAUSE THAT'S THE EXERCISE WE'VE GONE THROUGH.
WE ORIGINALLY OPENED WITH THAT PATIO NOT BEING COVERED, WE HAD TO GO BACK TO THE CITY BECAUSE IT'S JUST TOO HOT TO BE OUTSIDE WITHOUT SHADE.
BUT IN ORDER TO DO THAT, WE HAD TO SECURE ADDITIONAL PARKING, AND WE WERE SUCCESSFUL WITH THE PROPERTY OWNER DOWN THE STREET THAT'S ALLOWED THROUGH THE PD.
SO IT'S A LITTLE OVER 52, MAYBE 5,300 SQUARE FEET, 51 SPACES.
AND THAT'S HOW WE WERE ABLE TO SATISFY, TO, UH, MAINTAIN AND OPEN OUR OPERATIONS.
FOR THE BENEFIT OF THE RECORD, TO YOUR, YOU ACTUALLY KNOW THAT THE SQUARE FOOTAGE OF THAT BUILDING IS A LITTLE BIT LESS THAN 5,300 SQUARE FEET.
ARE THERE, ARE THERE QUESTIONS FOR MR. MARTINEZ, MS. PARKING? AND I JUST WANNA MAKE SURE THAT THIS IS GOING THROUGH REVIEW AND SO THAT'S GONNA BE DETERMINED.
IF, IF, IF HIS CALCULATIONS ARE INCORRECT AND, AND WHAT HE SUBMITTED, THEN HE, HE'LL BE REQUIRED MORE PARKING AND THEN EITHER HAVE TO COME BACK OR NOT.
BUT FROM WHAT HE SUBMITTED OR WHAT'S IN HIS SYSTEM, THAT'S THE PARKING SPACES THAT I ACCOUNTED FOR OR THAT HE, HE SUBMITTED AND IS SHOWING.
BUT FROM WHAT'S, SO IF HE HAS ANY CHANGES, IF HE ADDS MORE FLOOR AREA, THEN THIS, THIS WILL NOT, UM, HE'LL BE REQUIRED MORE PARKING.
AND THAT'S BECAUSE THE QUESTION BEFORE US IS WORDED AS, UH, AS A CERTAIN AMOUNT OF SPACES THAT ARE ACCEPTED.
NOT, UH, NOT A CERTAIN, WE'RE NOT SAYING THERE ARE A CERTAIN AMOUNT REQUIRED.
WE'RE SIMPLY SAYING IF WE APPROVE IT, X SPACES COULD BE DEDUCTED FROM THE REQUIREMENT.
SO IF THERE TURNED OUT TO BE MORE SPACES, THAT WOULD TRIGGER EXACTLY WHAT YOU'RE SAYING.
UH, MR. DENMAN, THE, THE PARKING INFORMATION THAT, UM, THAT'S BEEN TALKED ABOUT A COUPLE OF TIMES.
DID, DID YOU RECEIVE IT? YES, IT WAS, UH, SCRIPT FROM THE VALET PARKER.
IS, IS THAT SO THEN, AND THAT SATISFIES WHAT YOU ASKED FOR AT A MINIMUM? CORRECT.
AND I, I DID VISIT THE SITE AND SAW THERE WAS A LOT OF ON STREET PARKING AND NOTING THE HOURS OF THE ADJACENT BUSINESSES.
IT WAS MY OPINION THAT THERE WOULD BE AMPLE PARKING.
ARE THERE OTHER QUESTIONS OF MR. MARTINEZ SO HE CAN SIT DOWN? IF NOT, IT'S GOOD TO STRETCH.
MAY I RESPOND TO MR. MARTINEZ'S? NO CLAIMS? UH, NO, I'M SORRY.
THE, UH, APPLICANT'S, THE, THE RESPONSE TIME IS UP AND HIS, HIS REBUTTAL HAS NOW CONCLUDED, UH, EXCUSE ME ONE MINUTE.
UM, THERE, THERE'S NO CHANCE FOR REBUTTAL FOR HIS, HIS, UH, YOUR HONOR CLAIMS? NO, THERE'S MR. CHAIR.
THERE'S NO REBUTTAL OF REBUTTAL.
JUST MR. CHAIR, COULD, YOU MAY MAYBE EXPLAIN TO THE, UH, MR. STANZA THAT PER OUR PROCEDURES, THE APPLICANT IS, IS PROVIDED A REBUTTAL TO THE OPPOSITION, AND THAT IS THE END OF THAT PROCESS.
I UNDERSTAND YOU SAID IT WELL, THANK YOU.
I MOVE THAT THE BOARD OF ADJUSTMENT
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AND APPEAL NUMBER BDA 2 23 DASH 0 6 9 ON APPLICATION OF SANTOS T MARTINEZ GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 46 OFF STREET PARKING SPACES TO THE OFFS STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 51 OFF STREET PARKING SPACES.BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
AND THE PARKING DEMAND GENERATED BY THE USE DOES NOT WARRANT THE NUMBER OF REQUIRED PARKING SPACES.
THIS SPECIAL EXCEPTION IS GRANTED FOR A RESTAURANT WITHOUT A DRIVE-IN OR DRIVE-THROUGH.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT TO THE DALLAS DEVELOPMENT CODE.
THE SPECIAL EXCEPTION OF FIVE SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT WITHOUT A DRIVE-IN OR DRIVE-THROUGH USE IS CHANGED OR DISCONTINUED.
IS THERE A SECOND? I SECOND MIL CAN SECOND.
I'D SURE LIKE TO KNOW HOW MANY SQUARE FEET THE BUILDING ARE, HAVE, HAVE SOMEBODY VERIFY IT.
IT'S STRANGE TO HAVE A DISAGREEMENT ON SOMETHING SO FUNDAMENTAL, BUT, WELL, YOU KNOW, UM, IF IT TURNS OUT, SORRY, MR. SLAY, IF IT TURNS OUT THAT IT IS LARGER, IT IS MY UNDERSTANDING THAT THE APPLICANT WOULD'VE TO COME BACK FOR MORE AT THAT POINT.
SO, WELL, THAT'S MY UNDERSTANDING.
UH, VICE CHAIR, OBVIOUSLY I'M IN FAVOR OF THE MOTION THAT I MADE.
AS I LOOK AT OUR STANDARD, THERE ARE TWO COMPONENTS HERE.
FIRST COMPONENT IS ABOUT WHETHER THE NUMBER OF OFF STREET PARKING SPACES REQUIRED IS WARRANTED OR NOT.
UM, GIVEN THE TESTIMONY OF THE APPLICANT AND THE EVIDENCE IN THE RECORD FROM AMONG OTHERS A VALET COMPANY ABOUT USAGE, UM, I FOUND THAT THE APPLICANT HAS CARRIED, UM, ITS BURDEN IN RESPECT OF THAT AND THEREFORE THAT PRONG OF THE TEST IS SATISFIED.
THE SECOND PRONG IS, UH, A WARNING THAT THE PROPOSAL NOT CREATE A TRAFFIC HAZARD OR INCREASED TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
UM, THAT, UH, THE OPPOSITION I DIDN'T FEEL CARRIED ITS PARTICULAR BURDEN TO SHOW EITHER THAT THERE WOULD BE A TRAFFIC HAZARD RESERVE OR TRAFFIC CONGESTION.
UH, IT SOUNDS GENERALLY LIKE THERE'S CONCERN ABOUT THE, UH, TYPE OF USE OF, OF THE APPLICANT OR THE APPLICANT'S SITE, UH, AS BEING A RESTAURANT, AND THEREFORE MAYBE THERE'S MORE PEOPLE WHO COME IN AT, AT OFF HOURS.
BUT AGAIN, THAT ACTUALLY IS PART OF THEIR ARGUMENT ABOUT WHY THERE WOULDN'T BE MORE CONGESTION OR OTHERWISE BECAUSE IT'S AN AN OFF TIMED USE.
SO IN LIGHT OF THAT, AND CONSIDERING THE VARIOUS FACTORS THAT ARE PART OF THAT, WE, UM, UH, MAY CONSIDER AMONGST DIFFERENT ONES, UM, I FIND THAT THE, THE, ESPECIALLY IN CONSIDERING SHARED RIDE SERVICES AND OTHERS THAT IT'S A, UH, MOTION WE SHOULD GRANT.
I, UH, DO WE KNOW ANYTHING ABOUT WHETHER THIS PROPERTY IS PART OF THE CITY'S THOROUGHFARE PLAN? SINCE I DIDN'T HEAR ABOUT IT FROM STAFF, I'M GONNA ASSUME IT'S NOT.
ARE THERE OTHER COMMENTS? HEARING NONE.
OKAY, WE'LL GO BACK TO THE TOP NOW WITH BDA 2023 DASH 0 5 9 4 1 12.
DELANO PLACE ARE THERE OTHER THAN MR. BALDWIN, ARE THERE OTHER APPLICANTS IN FAVOR? NO, JUST ME TODAY.
AND DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS.
39 0 4 ELM STREET, SUITE B IN DALLAS.
UH, JOHN, WOULD YOU MIND PULLING UP MY, MY QUICK PRESENTATION? UH, THANK YOU VERY MUCH.
UH, I WAS AT THE BRIEFING SESSION TODAY AND I, I HEARD YOUR, YOUR QUESTIONS AND CONCERNS, SO THIS IS AN INTERESTING SPOT.
IT'S, UM, AND PART OF IT, IT'S ZONED COMMERCIAL, BUT IT'S A RESIDENTIAL STRUCTURE.
UH, IT'S KIND OF LOCATED, UH, IN EAST DALLAS.
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NEXT SLIDE PLEASE.AND IT'S RIGHT ALONG THE COMMERCIAL CORRIDOR OF THE, YOU KNOW,