[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
[01:05:01]
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.
[01:10:01]
NEXT SLIDE PLEASE.AND IT'S RIGHT ALONG THE COMMERCIAL CORRIDOR OF THE, YOU KNOW, OF PEAK.
AND SO THE PEAK HASKELL CORRIDOR, UM, IT, LIKE I SAY, SINGLE FAMILY HOME, ABOUT 1100 SQUARE FEET.
UM, THE INTERESTING THING IS IT IS OWNED COMMERCIAL RETAIL OR COMMUNITY RETAIL CR UH, IT CANNOT BE OCCUPIED AS A HOME AND SO, UH, IN ORDER TO OCCUPY AS A NON-RESIDENTIAL STRUCTURE, THERE'S NOT ENOUGH PARKING THAT WE, WE CAN FIT ON SITE.
SO, UM, WE BELIEVE THAT TRYING TO KEEP THIS HOME, BECAUSE THIS USED TO BE WHAT THE NEIGHBORHOOD WAS BUILT OUT OF, YOU KNOW, THIS WAS YOUR CLASSIC STREET STREETCAR SUBDIVISION WHERE PEOPLE LIVED IN THESE BUNGALOWS AND TOOK THE STREET CAR INTO WORK OR TO SHOPPING, AND THIS IS ONE OF THE FEW THAT ARE LEFT IN THE NEIGHBORHOOD.
SO I THINK TRYING TO PRESERVE THIS IS IN KEEPING WITH THE PUBLIC INTEREST AND NOT CONTRARY TO IT.
AND FOR THE, THE SECOND TEST, UH, IS IT NECESSARY, UH, IT'S, IS THIS THE VARIANCE NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS IN OTHER PARCELS BY BEING IN SUCH A RESTRICTIVE AREA, SHAPE OR SLOPE? WELL, DALLAS, IT'S VERY RARE TO GET SLOPE IS AN ISSUE.
SO IT'S NOT, IT, IT'S, IT'S KIND OF SQUARE.
BUT GENERALLY IN EAST DALLAS, LOTS, RESIDENTIAL LOTS, ABOUT 7,500 SQUARE FEET.
THIS IS RIGHT ABOUT 3200, 3600 SQUARE FEET.
SO IT'S SMALLER THAN TRADITIONAL LOTS ARE IN EAST DALLAS.
SO, UM, I THINK IT MEETS THAT, THAT LEG OF THE, UH, THE REQUIREMENT.
BUT IT'S ALSO THE INTERESTING THING HERE.
SINCE THIS WAS BUILT IN 1926, THE PLACEMENT OF THE BUILDING IS SET, UH, IN ORDER.
WE CAN'T MOVE THE BUILDING IN ORDER TO, TO ACCOMMODATE THE PARKING, WE NEED TO ACCOMMODATE THE PARKING AROUND THE EXISTING BUILDING.
SO THERE IS A RESTRICTIVE AREA ON THIS SITE.
UM, AGAIN, IT'S ZONE NON-RESIDENTIAL.
WE CANNOT OCCUPY IT AS A NON-RESIDENTIAL.
ONE OF THE LEAST IMPACTFUL USES AS FAR AS PARKING REQUIRED IS AN OFFICE USE, WHICH ARE REQUIRING, WE STILL HAVE TO PROVIDE THREE SPACES PER THOUSAND SQUARE FEET OF FLOOR AREA.
SO WE'RE REQUIRED A TOTAL OF FOUR SPACES.
UM, THE PROPERTY IS, AGAIN, THE RESTRICTIVE SHAPE.
UH, WE COULD PARK ONE LOT, ONE PARKING SPACE IN THE FRONT, BUT ONE OF OUR PARKING SPACES HAS TO BE, UH, HANDICAPPED.
SO WE CAN ONLY FIT ONE IN THE BACKYARD RATHER THAN TWO, UH, WHICH, UH, MAYBE EVEN THREE BECAU.
BUT BECAUSE OF THE HANDICAPPED REQUIREMENTS, WE HAVE TO, UH, WE, WE CAN'T FIT AS MUCH PARKING THERE.
UM, SO I THINK THIS REQUEST IS REASONABLE.
WE ARE IN A COMMERCIAL DISTRICT.
UH, IT'S BEEN IN A COMMERCIAL DISTRICT A LONG TIME.
IT'S, WE'RE TRYING TO REPURPOSE THE HOUSE IN INTO A, A USE THAT WILL NOT PUT A LOT OF IMPACT ON THE STREET.
THERE ARE, UH, A LOT OF PARKING AVAILABLE ON STREET, BOTH ON DELANO AND BEHIND US ON MUNGER.
UH, EVERYTHING TO THE WEST OF US IS, UH, EITHER TOWN HOMES, MULTIFAMILY, UH, BUT RESIDENTIAL, WE'RE THE FIRST COMMERCIAL SPOT.
THEN RIGHT ACROSS FROM US, I DON'T KNOW IF YOU'RE FAMILIAR WITH AREA, WE HAVE DOLLY PYTHON AND THE, THE MBAR.
UH, SO IT'S A COMMERCIAL CORRIDOR, ONE LOT.
SO HAVING THIS AS A NON NON-RESIDENTIAL USE IS NOT UNREASONABLE.
WE'RE JUST ASKING YOUR HELP TO LET US OCCUPY IT.
I HOPE YOU CAN SUPPORT THIS REQUEST.
I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
ARE THERE QUESTIONS, MR. MILLIKEN? MR. MR. MILLIKEN? MR. BALDWIN, I JUST WANTED TO ASK WHAT THE USAGE OF THE PROPERTY WOULD BE FOR.
WHAT'S THAT? I THOUGHT YOU SAID RETAIL.
NO, THE COMMUNITY RETAIL, UH, IT'S A CR ZONING DISTRICT.
WE'RE TRYING TO FIND A USE THAT REQUIRES THE LEAST AMOUNT OF PARKING.
AND THERE'S ONLY TWO USES OR THREE USES THAT ARE REALLY ALLOWED THERE.
OFFICE TAKES THREE SPACES PER THOUSAND.
A FURNITURE STORE TAKES TWO SPACES PER THOUSAND.
BUT CLEARLY THAT'S NOT GONNA BE A FURNITURE STORE, AND IT COULD BE AN ART GALLERY.
IT ALSO, THAT ALSO PARKS AT, UH, TWO AND A HALF SPACES PER THOUSAND.
BUT THE UNFORTUNATE THING IS MY CLIENT IS NOT IN THE ART BUSINESS.
AND ALSO ART GALLERIES, I THINK WOULD TEND TO PUT BIGGER, UM, IMPACTS ON THE STREET AT CERTAIN TIMES.
NOT ALL DAY, BUT WHEN THEY HAVE A, WHEN THEY'RE HOSTING AN EVENT, THEY WOULD.
SO WE THINK OFFICE IS A, A, A REASONABLE REQUEST FOR THIS PROPERTY.
[01:15:01]
MR. MILLIKEN, ARE YOU OKAY, MR. SLAY? UH, THANK YOU.VICE CHAIR ADAMS. MR. BALDWIN, I THINK YOU SAW THE OPPOSITION SPOKE TO THE RESIDENTIAL, UM, STYLE OF THE NEIGHBORHOOD.
COULD YOU SPEAK TO THAT AND, UH, MAYBE ADDRESS WHY YOU THINK, UH, AFFORDING THE, THE PARKING RELIEF SOUGHT HERE WOULD OR WOULD NOT IMPACT THE OVERALL RESIDENTIAL FLAVOR OF THE NEIGHBORHOOD? UM, I'LL BE HONEST WITH YOU, I NOT, I HAVE NOT SEEN THE OPPOSITION LETTER.
I HEARD ABOUT IT WAS AT THE BRIEFING SESSION.
BUT IF THEIR, IF THEIR CONCERN WAS IN KEEPING IT RESIDENTIAL, I KEEP, I THINK MAKING THIS LOOK RESIDENTIAL, IT WOULD BE A LOT BETTER THEN.
UH, IF THIS SHOULD NOT PASS, THEN THE ONLY THING WE COULD DO WITH THIS PROPERTY IS DEMOLISH THE HOUSE AND EITHER MAKE IT A PARKING LOT TO ACCOMMODATE WHAT'S GOING ON, UH, ALONG THE QUARTER, WHICH IS A LEGAL USE IN THE CR DISTRICT, WE CAN HAVE SURFACE PARKING AND COMMERCIAL PARKING OR PUT A, A, ANOTHER LITTLE, UH, THOUSAND SQUARE FOOT KIOSK TYPE SMALL BUILDING WITH THE PARKING AROUND IT.
UM, WHICH I DON'T THINK WOULD BENEFIT THE NEIGHBORHOOD.
YOU KNOW, I THINK HAVING A LITTLE CHARM, UH, IS HELPFUL.
AS YOU CAN SEE BEHIND US, THAT'S WHAT THE NEIGHBORHOODS TURNED IN BEHIND US.
YOU KNOW, THREE STORIES AND NOT A LOT OF ANGLES.
UH, AND I THINK THIS IS A, A NICE REMNANT OF WHAT DALLAS WAS LIKE IN THE TWENTIES AND THIRTIES.
FURTHER QUESTIONS? MR. SINGTON? NOTHING.
ARE THERE? I, I THINK YOU SAID YOU'RE THE ONLY SPEAKER IN? I AM.
ARE THERE SPEAKERS IN OPPOSITION? NO, THERE SPEAKERS.
UM, DO YOU WANNA REBUT YOURSELF? UH, NO.
I'M JUST GETTING READY FOR THE NEXT ONE.
IS THERE A MOTION? VICE CHAIR? AGNI? I SEEM TO BE MONOPOLIZING MOTIONS TODAY.
UM, HAVE A MOTION JUST TODAY, HUH?
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 5 9 ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE TWO SPACE VARIANCE TO THE PARKING REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE REVISED SITE PLAN IS REQUIRED.
COMMENTS? UM, VICE CHAIR AGNI, I'M SUPPORTING THE MOTION I MADE, I BELIEVE, UH, MR. BALDMAN WAYNE, A COMPELLING CASE AS TO WHY EACH OF THE THREE, UH, CONSIDERATIONS WERE ALL SATISFIED, INCLUDING THE, THE LIMITED, UH, UM, SIZE, UH, HERE FOR THIS PARTICULAR ONE.
AND SINCE THE ONLY OPPOSITION THAT WAS REFERENCED WAS ABOUT, UH, ENSURING THE RESIDENTIAL, THE NEIGHBORHOOD REMAINS A RESIDENTIAL ONE AS MUCH AS POSSIBLE, UH, I THINK MR. BALDWIN ADEQUATELY RESPONDED TO THAT AND SUGGESTED THAT THIS WOULD, UM, MORE LIKELY THAN NOT HELP BETTER THE RESIDENTIAL FEEL OF THE NEIGHBORHOOD MORE THAN THE, UH, ALTERNATIVE.
THE ONLY THING THAT JUMPS OUT AT ME IS THAT THE OWNER, WHICH MAY NOT BE THE APPLICANT, IS RELAX AND WAX AUTHENTIC BRAZILIAN WAX INCH, WHICH I ASSUME THAT AN OFFICE USE WOULD NOT INCLUDE BRAZILIAN WAXING.
IS THAT TRUE? YES, THAT'S TRUE.
SO, UH, JUST SO YOU KNOW, THERE, UM, IT'S, IT, THE CO IS IN REVIEW AND THEY DID PROVIDE A LAND USE STATEMENT, UM, AND THEY OKAYED IT AS A OFFICE USE.
THIS IS JUST THEIR, I GUESS, MAIN OFFICE FOR THAT BUSINESS, BUT THEY'RE NOT GONNA BE CONDUCTING ANY PERSONAL SERVICES FOR, OKAY.
I'LL TAKE YOU AND MR. BALDWIN, MR. SINGTON, I'M, I'M SORRY.
I KNOW I JOINED THE, UH, BRIEFING A LITTLE LATE.
THIS ONE WAS PULLED FROM CONSENT AND, UM, WANTED TO KNOW WE HAVE WRITTEN, WRITTEN OPPOSITION.
ANYTHING ELSE, MR. SINGTON? ALL THE QUESTION.
OKAY, MS. WILLIAMS, MS. P*****K? AYE.
[01:20:01]
YOU.THE NEXT CASE IS, UH, BDA 2 23 DASH 0 6 4 41 0 6 SOUTH BETTER DRIVE, UH, SPEAKERS FOR THE APPLICATION.
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.
GREGORY MICHELSON, 41 0 6 SOUTH BETTER DRIVE, DALLAS, TEXAS, 75,229.
THANK YOU ALL FOR YOUR TIME TODAY.
I, I PREPARED A VERY SHORT PRESENTATION, SENT THAT BY EMAIL IN ADVANCE.
UH, IS THIS DELIVERED TO US IN BY, IN, I SENT IT TO THE, UH, DR.
IS THIS ONE OF THE TWO EXHIBITS THAT, IS THIS ONE OF THE TWO EXHIBITS THAT WERE GIVEN TO US OVER? UH, NO, NO, THAT'S FOR THE HOLDOVER CASE, THE ONE I GAVE YOU.
GIVE ME ONE SECOND WHILE I'M, THAT'S FINE.
SO THE BOARD HAS THE, UM, THE CORRESPONDENCE ON THIS CASE THAT MS, IF YOU'VE COVERED THIS IN THE BRIEFING, THEN I'M HAPPY TO JUST, YOU KNOW, SPEAK TO IT AT A, AT A HIGH LEVEL IF THAT, UM, I THINK IF YOU HAVE A PREPARED PRESENTATION, WE OUGHT TO SEE IT.
ALL RIGHT, MS. RUSSELL, YOU ARE WELCOME TO STAY WITH US, BUT WE, WE HAVE GRANTED YOUR REQUEST.
YOU'RE WELCOME TO HANG OUT, BUT I JUST WANNA MAKE SURE YOU KNOW THAT.
[01:25:19]
GOT IT.CARE TO GO INTO, UH, PRESENTATION MODE, JUST SO IT'S A LITTLE BIT LARGER FOR EVERYONE.
SO, PURPOSE OF OF MY BEING HERE AND APPRECIATE Y'ALL'S TIME.
UM, WE'RE LOOKING TO ADD ABOUT A 252 SQUARE FOOT ADDITION TO OUR HOME.
UM, MY WIFE AND I ARE GOING THROUGH I V F, AND AS PART OF THAT, LOOKING TO EXPAND OUR FAMILY, WE REALIZE PRETTY QUICKLY THAT IT'S, IT'S NECESSARY ONE FOR US TO HAVE MORE STORAGE, BUT TWO, FOR US TO ADD A POWDER ROOM, UH, A LITTLE BIT MORE CENTRALLY LOCATED IN THE HOUSE.
UM, I, I RECOGNIZE THAT I HAVE THE BURDEN OF PROOF HERE.
AND SO, IN KIND OF GOING THROUGH THIS PROCESS, I REACHED OUT TO SEVERAL CONTRACTORS, UH, ULTIMATELY HIRED A GENERAL CONTRACTOR, UH, AFTER RECEIVING A COUPLE DIFFERENT BIDS, HIRED AN ENGINEER AS WELL AS A DESIGN FIRM TO CREATE DRAWINGS AND SUBMITTED PLANS TO THE CITY, UH, FOR A PERMIT TO, TO PROCEED WITH OUR, OUR ADDITION, UM, THE CITY, AND I BELIEVE THE, UH, THE PLANNER, UH, IS HERE, UM, SIGNED OFF ON OUR PERMIT, ISSUED THAT PERMIT, AND WE, WE BEGAN TO MOVE FORWARD WITH THE PROJECT.
UM, WE HAD THE, UH, PLUMBING INSPECTOR COME OUT, PROVIDE A GREEN TAG ON OUR PLUMBING ROUGH-IN WHICH I, I HAVE WITH ME.
UM, BUT DURING THAT PLUMBING ROUGH OUT INSPECTION, UH, THE INSPECTOR IDENTIFIED THAT THERE WAS A POTENTIAL SETBACK ISSUE.
UNBEKNOWNST TO US, YOU KNOW, 16 R IS HOW WE'RE CURRENTLY ZONED, DID NOT REALIZE THAT THERE IS A 10 FOOT SETBACK REQUIREMENT.
UM, WE GOT FEEDBACK FROM OUR GENERAL CONTRACTOR, UH, AS WELL AS THE COUPLE DIFFERENT BIDS THAT WE RECEIVED, UM, THAT OUR REQUEST TO ULTIMATELY HAVE A FIVE FOOT SETBACK WAS ADEQUATE OR, OR NECESSARY.
AND SO IMMEDIATELY WORKED WITH OUR GENERAL CONTRACTOR TO STOP ANY WORK THAT WAS GOING TO HAPPEN.
UH, CONTACTED THE BOARD OF ADJUSTMENTS TO UNDERSTAND THE NECESSARY PROCESS TO OBTAIN A VARIANCE, AND THEN ULTIMATELY REACHED OUT TO A HANDFUL OF OUR NEIGHBORS, UM, IMMEDIATE VICINITY, UM, TO DETERMINE THAT OUR PROJECT WON'T AFFECT, UM, ANY PROPERTY, UH, ADVERSELY ANY NEIGHBORING PROPERTY, UM, WON'T AFFECT THE AESTHETIC OF THE NEIGHBORHOOD, DOESN'T PROVIDE ANY RESTRICTION TO ACCESS TO OUR PROPERTY OR NEIGHBORING PROPERTY, UM, DOESN'T ENCROACH ON OUR NEIGHBORS, UH, OR EFFECTIVE VISIBILITY.
UM, THE OTHER ISSUE THAT WE RUN INTO, AND KIND OF GOING THROUGH THIS, AND MY REASON TO PURSUE THIS VARIANCE IS BECAUSE WE RECEIVED A PERMIT FROM THE CITY.
UH, I WOULD, I WOULD ULTIMATELY, UH, BE HARMED AND FACE A PRETTY SIGNIFICANT FINANCIAL BURDEN BY NOW HAVING TO SPEND ADDITIONAL MONIES TO RESTORE OUR PROPERTY BACK TO ITS CONDITION.
AGAIN, THIS WAS ALL PREDICATED ON THE FACT THAT WE RECEIVED A PERMIT, AND THAT'S WHY WE CHOSE TO MOVE FORWARD.
UM, OUR LOT IS SLIGHTLY DIFFERENT IN THE FACT THAT ALTHOUGH IT'S, IT'S, UH, 16, UH, EXCUSE ME, OUR 16 A, UH, WE HAVE A 10 FOOT EASEMENT IN OUR BACKYARD.
IT'S ALSO CONGESTED FROM PREVIOUS OWNERSHIP.
AND WHILE I RECOGNIZE THAT THAT'S NOT THE BOARD'S CONCERN TO BE ABLE TO ACCOMMODATE OUR HOPEFULLY GROWING FAMILY AND, YOU KNOW, ADDRESS STORAGE AND BATHROOM NEEDS, THIS IS ULTIMATELY THE ONLY, UH, WAY THAT WE CAN ACTUALLY MOVE FORWARD AND ACHIEVE THOSE GOALS.
UM, WE'RE NOT ADDING A THIRD CAR GARAGE.
WE'RE NOT, UH, CREATING ANY WINDOWS OR ANYTHING THAT WOULD POTENTIALLY, AGAIN, ENCROACH OR AFFECT ANY OF OUR NEIGHBORS.
UM, BUT RATHER IT'S A SIMPLE BUMP OUT, UM, THAT WILL MAINTAIN THE EXISTING AESTHETIC.
SO, TO DATE, I HAVE SPENT NEARLY $37,000.
UM, SOME OF THAT MONEY HAS GONE TO MY CONTRACTOR FOR DEMO TRENCHING, RELOCATING OUR HVAC, UH, AND SO ON.
UM, THIS DOESN'T, UH, EVEN, UH, CONTEMPLATE MY QUIET ENJOYMENT OF THE DISPLACEMENT OF OUR BACKYARD, WHICH NOW HAS A MASSIVE TRENCH RUNNING THROUGH IT.
UM, AS WELL AS THE INTEREST ASSOCIATED WITH THE LOAN THAT I TOOK OUT, THE HOME IMPROVEMENT LOAN.
UM, IF WE WERE TO MOVE FORWARD, EXCUSE ME, NOT MOVE FORWARD, NOT BE ALLOWED TO MOVE FORWARD AND HAD TO REPAIR OUR EXISTING HOME, WE'D LOOK TO SPEND ROUGHLY $70,000, EXCUSE ME, 70% OF WHAT WE HAVE ALREADY SPENT.
UM, IT WOULD BE AN, AN UNNECESSARY UN CAUSED HARDSHIP.
UM, ULTIMATELY, AGAIN, A RESULT OF RECEIVING A PERMIT.
IF YOU WOULD GO TO THE APPENDICES, PLEASE.
[01:30:01]
SO, JUST WANTED TO PROVIDE TWO COPIES OF THE PERMIT AND THE CONTRACTOR'S AUTHORIZATION.UM, THE NEXT APPENDIX SIMPLY LISTS OUT OUR EXISTING LAYOUT.
UM, I MEASURED THE ACTUAL DISTANCE AND THE NEAREST BATHROOM IS EITHER 70 OR 78 FEET AWAY, WHICH MIGHT NOT SEEM UNREASONABLE, BUT AGAIN, YOU KNOW, WITH THE EX EXPECTATION, UM, THAT GOING THROUGH OUR, OUR PROCESS AND HOPEFULLY HAVING A CHILD, IT WOULD BE, UH, A CHALLENGE TO BE ABLE TO, TO MAKE SURE THAT THAT GROWING FAMILY IS SATISFIED.
UM, AND THEN I BELIEVE THE LAST APPENDIX THAT I'VE ADDED JUST SHOWS THAT BREAKOUT.
UM, SO YOU CAN CLEARLY SEE KIND OF THE EX EXPECTED COST.
UM, THAT FOURTH APPENDIX JUST SIMPLY PROVIDES ADDITIONAL EVIDENCE FROM OUR CONTRACTOR, UM, THE LOANS THAT, UH, OR THE DRAW REQUESTS THAT I'VE TAKEN OUT BY LOAN, AS WELL AS ADDITIONAL ENGINEERING COSTS.
UH, BUT APPRECIATE Y'ALL'S CONSIDERATION, UM, AND HAPPY TO ANSWER ANY QUESTIONS.
UM, AND, UH, COULD YOU, UH, UH, WHAT IS THE TOTAL AMOUNT THAT YOU WOULD SPEND TO BE COMPLIANT? THE, YOU, YOU SAID 70,000, AND THEN CORRECT IT YOURSELF.
SO THE, THE TOTAL COST OF THE ADDITION IS ROUGHLY 70, $75,000, UM, TO RESTORE IT TO ITS INITIAL CONDITION.
UM, IT IS 13, I WANNA SAY 13,000.
UH, AND CHANGE IS THAT, IT'S THAT SECOND ESTIMATE ON THE SIDE THERE, CLOSE TO $14,000.
UM, THE ACTUAL MONEY SPENT BY MY CONTRACTOR TO DO THE WORK.
THIS DOESN'T CONTEMPLATE THE ENGINEERING.
AND THOSE MONIES THAT I SPENT DOESN'T CONTEMPLATE THE PERMIT COST.
UM, MY CONTRACTOR HAS SPENT $20,000, AND THEN AGAIN, TO REPAIR TO THE ORIGINAL CONDITION WOULD BE ROUGHLY 14,000.
UM, AND LOOKING AT THE, THE KIND OF, UH, GUIDELINES FOR THE VARIANCE REQUEST, I BELIEVE 50% OF THE PROJECT COST WAS ONE OF THOSE, THOSE HURDLES FOR AN EXCEPTION.
UH, IT MAY BE HERE FROM DEC A, BUT WHAT IS THE APPRAISED VALUE OF THE STRUCTURE, THE APPRAISED VALUE OF THE EXISTING HOME? UH, ROUGHLY 1.2, 1.25 MILLION, ONE POINT? NO, ONLY OF THE STRUCTURE, NOT OH, OF THE STRUCTURE ITSELF IS, UH, 70, $78,000.
OF WHAT THE ADDITION WOULD BE? NO, NO.
I MEAN THE, THE APPRAISED, LIKE IF YOU LOOK UP THE, THE TAX APPRAISAL.
OH, THE TAX APPRAISAL, I'M SORRY, SORRY.
UH, IT SPLIT SPLITS LAND AND BUILDING.
I'D HAVE TO, UH, REFER TO THE DEED FOR THE WARRANTY THAT I PROVIDED, BUT I BELIEVE IT'S, WELL, IT'S ABOUT $500,000.
THAT'S THE APPRAISED VALUE OF THE HOME, SO, OKAY.
BUT I DID SUBMIT ALL OF THOSE, UM, TAX RECORDS, UH, AND OTHER YEAH.
ARE THERE OTHER QUESTIONS BEYOND MINE? VICE CHAIR AG, CAN WE ASK THE APPLICANT TO LOOK UP THE IMPROVEMENT VALUE ON THE DALLAS CENTRAL APPRAISAL DISTRICT? JUST TO CONFIRM HIS ESTIMATES ARE ACCURATE? IS DEC WORKING? UH, DCA WORKS? THE QUESTION IS, DO WE HAVE INTERNET ACCESS HERE? UH, WELL, A LOT OF TIMES THAT'S IN THE PACKET, BUT I DIDN'T, LET'S SEE IT.
I SHOULD HAVE THIS IN JUST A MOMENT.
UM, IMPROVEMENT VALUE IS $328,840.
MR. P*****K, DO YOU HAVE MR. MR. SINGTON OR ARE YOU DOING THE MATH FOR ME? NO.
UM, MR. SINGTON, UH, QUESTIONS FOR THE APPLICANT? NO.
NO, I DON'T HAVE ANY QUESTIONS.
ARE THERE OTHER SPEAKERS, UH, FOR THE APPLICATION, SUPPORT OF THE APPLICATION? NO, NO OTHER SPEAKERS.
UH, SPEAKERS IN OPPOSITION? NO OTHER SPEAKERS.
[01:35:01]
OKAY.UH, WOULD YOU LIKE TO REBUT YOURSELF? I'LL ASK YOU THE SAME QUESTION.
WELL JUST, YOU KNOW, SIMPLY TO AGAIN, ARTICULATE, UM, WE ARE LOOKING AT, AT ADDING, UH, VERY SMALL ADDITION THAT WON'T EFFECT THE AESTHETIC OF THE NEIGHBORHOOD.
UM, WE'RE STILL MAINTAINING A 10 FOOT SIDE YARD ON THE OTHER SIDE OF OUR PROPERTY.
AGAIN, JUST REDUCING ONE SETBACK TO A A FIVE YARD SET, FIVE FOOT SETBACK.
UM, HAVE TOTAL NEIGHBORHOOD SUPPORT FROM OUR ADJACENT PROPERTY, ANY PROPERTY THAT WOULD EFFECTIVELY BE AFFECTED BY THE AESTHETICS.
SO THE NEIGHBORS ACROSS FROM US, UM, AND THEN ACROSS, AND THEN TO THE LEFT.
SO ANYONE WHO COULD REASONABLY SEE THE ADDITION, UM, HAS PROVIDED THAT AFFIRMATION AND SUPPORT, UM, AND JUST APPRECIATE, UH, YOUR CONSIDERATION.
HAVE YOU SEEN THE, UH, THE LETTERS THAT WE'VE SEEN? UH, YES.
I HAVE THE FOUR LETTERS, INCLUDING THE, THE HOA.
UM, THERE'S NO HOA IN OUR NEIGHBORHOOD.
THERE ARE FOUR, FOUR LETTERS OF AFFIRMATION THAT I SUBMITTED.
HAVE, UM, VICE AGNI, I THINK I CAN CLARIFY.
HAVE YOU SEEN THE FOUR LETTERS IN OPPOSITION TO YOUR REQUEST? NO.
SO I DON'T KNOW WHAT W H H A IS.
I BELIEVE IT'S WALNUT HILL HOMEOWNERS ASSOCIATION.
UH, I GUESS I, HOW DO WE, UH, HOW DO WE GIVE HIM THESE LETTERS? I CAN, I CAN GIVE YOU MY PRINTOUTS, BUT WOULD IT BE REASONABLE TO ASK FOR THE, THE SYNOPSIS OF THE LETTERS OR THEIR POINTS OF OPPOSITION? I WILL TRY AS LONG AS, UH, AS LONG AS, UH, YOU UNDERSTAND THAT THE, WHAT, WHAT, WHAT RULES IS THE ACTUAL LETTERS? WELL, ONE OF THEM IS PRETTY, PRETTY INVOLVED.
I DON'T, I DON'T, ALMOST DON'T THINK YOU SEE IT.
UM, MR. SLATE, MAY I GIVE IT A SHOT ON SUMMARIZING? GO FOR IT.
THE FIRST ONE IS FROM A NEIGHBOR AT 41 23 SOUTH.
UM, THAT OPPOSITION IS OPPOSED BECAUSE SHE SUGGESTS IT'S A MATTER OF CONVENIENCE FOR YOUR REQUEST, UM, AND THAT THERE ARE NO UNIQUE CONDITIONS OR HARDSHIPS.
THERE'S ALSO CONCERN ABOUT SETTING A PRECEDENT WITH MR. AGNIS HAD TAKEN CARE OF PREVIOUSLY BY SAYING NO INDIVIDUAL CASE.
THAT'S A PRECEDENT THAT IS FAIRLY CONSISTENT WITH THE THIRD, UM, OPPOSITION, WHICH IS FROM SOMEONE OUTSIDE THE NOTICE ZONE AT 1 0 2 49 SHERBROOK LANE.
THAT TALKS MAINLY ABOUT THE CHARM OF THE NEIGHBORHOOD COMING FROM THE SEPARATION BETWEEN HOMES, REAR ENTRY GARAGES, MATURE TREES, AND LIMITED STREET PARKING.
UH, AND IS MORE OF A, A GENERAL ATTACK ON, UM, NEW BUILDS IN THE NEIGHBORHOOD OVERALL.
UM, THEY'RE ASKING TO BUILD OUT HOMES SO THAT THE SEPARATION IS REDUCED.
NO, WE HAVE TO STAND OUR GROUND AND PROTECT OUR LOVELY COMMUNITY.
UM, THE, UH, FINAL ONE IS FROM, UM, THE PUNITIVE PRESIDENT OF THE WALNUT HILL HOMEOWNERS ASSOCIATION, WHO FOCUSES ON THE 40 FOOT SETBACKS, LARGE, BEAUTIFUL TREES.
UM, AND THAT IF YOU GRANT THIS VARIANCE, THE INTEGRITY OF OUR NEIGHBORHOOD WILL BE DAMAGED BEYOND WHAT WE CAN AFFORD TO HAVE OR ALLOW TO HAVE HAPPEN TO OUR INVESTMENTS.
THE HOME WAS BUILT, ADDED TO, AND NOW HAS A U-SHAPED DESIGN WITH THE POOL IN THE MIDDLE.
UM, IT CURRENTLY IS JUST UNDER 3,700 SQUARE FEET, WHICH SHOULD BE VERY AMPLE FOR A FAMILY OF FOUR.
UH, AND THAT'S THE, THE BASIS FOR THE HOAS CHALLENGE.
AND THEN, UM, THE MORE INVOLVED, UM, POINT THAT, UM, THE VICE CHAIR SPOKE TO, WALKED THROUGH A LOT MORE, UM, THE NUANCES OF THE STANDARD FOR VARIANCE IN SPECIFIC THE, WHETHER IT'S NECESSARY TO PERMIT THE DEVELOPMENT OF A SPECIFIC PARCEL OF LAND BECAUSE OF THE RESTRICTIVE AREA SHAPE OR SLOPE.
SO I THINK MAYBE ADDRESSING A LITTLE BIT MORE, WHICH YOU TOUCHED ON ABOUT THE EASEMENT IN THE BACK AND THE EFFORTS MADE TO FIND OTHER WAYS TO ACCOMPLISH WHAT YOU'RE LOOKING FOR, WOULD, WOULD KIND OF SPEAK TO THAT.
UM, BUT SINCE MY SUMMARY PROBABLY, UH, SHORTCHANGED ALL OF THEM, THAT'S WELL THERE, YOU KNOW, THAT'S WHY IT'S ON THE RECORD.
UM, I WOULD SAY, UM, YOU KNOW, FROM THE AESTHETIC STANDPOINT AND PROVIDED, UH, TO THE BOARD, UH, THE ELEVATIONS, I THINK YOU'LL FIND THAT THERE'S REALLY NO MEANINGFUL CHANGE TO THE AESTHETIC, UM, REGARDING, YOU KNOW, OTHER EXISTING SETBACKS, SAY FROM THE FRONT YARD.
WE'RE NOT AFFECTING ANY TREES, UH, REGARDING LIVABLE AREA.
[01:40:01]
MAJORITY OF THE ACTUAL ADDITION IS NOT LIVABLE.IT'S GARAGE SPACE AND STORAGE.
UM, SO I, I WANT TO SAY THAT ROUGHLY 60 FEET IS, IS GOING TO BE THE ACTUAL LIVABLE AREA, WHICH IS THE SPACE OF THE POWDER ROOM.
UM, AND IF YOU WERE TO LOOK AT OUR PROPERTY AND UNDERSTOOD AND CAN APPRECIATE THAT IT HAS BEEN ADDED ONTO, UM, ONE OF THE ADDITIONS IS A DETACHED, UH, CA IF YOU WILL, UM, THAT DOESN'T MAKE IT, UH, REASONABLE OR LIVABLE AND TO, AT A GROWING FAMILY.
AND SO THAT I, I WOULD, YOU KNOW, LARGELY DISCOUNT.
UM, I WOULD GO BACK TO OUR, UH, LAYOUT THAT SHOWS THE ACTUAL DISTANCE AND BATHROOM SPACE AS A, UH, MORE OF A, A, A PLEA OF, OF LIVABILITY AND ACTUAL USABILITY THAT THIS IS IN FACT, UH, NECESSARY AND THE ONLY WAY TO ACCOMPLISH THIS.
UM, SO HO HOPEFULLY THAT HELPS.
UM, I'LL ALSO ADD THAT I BELIEVE THE HOA IS OPTIONAL, UM, AND NOT ENFORCED IN ANY OTHER WAY.
UM, SO NO, THAT, THAT MATTERS FROM THE STANDPOINT OF, OF YOUR NEIGHBORS.
WE'RE NOT HERE TO CLEARLY, AS WE DISCUSSED EARLIER, AND HOA ABSOLUTELY.
AND SO WOULD YEAH, JUST, UH, FALL BACK ON THE, THE FOUR LETTERS OF AFFIRMATION, UM, FROM OUR MOST IMMEDIATE NEIGHBORS THAT WOULD AGAIN, BE MOST AFFECTED.
UM, NOT ANYONE WHO MIGHT DRIVE DOWN THE STREET AND WONDER WHY ONE SIDE HAS ONLY A FIVE FOOT SETBACK AND THE OTHER STILL HAS A 10.
SO PART OF OUR STANDARD, AND I THINK THE ONE MR. SLADE IS FOCUSED ON IS, IS B HAS B, A, B AND C AND B IS THAT, UH, THAT APPROVING YOUR APPLICATION IS NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS OF LAND BY BEING OF SUCH A RESTRICTIVE AREA, SHAPE OR SLOPE THAT IT CANNOT BE DEVELOPED IN A MANNER, MENTOR IT WITH THE DEVELOPMENT UPON OTHER PARCELS OF LAND, BUT THE SAME ZONING.
I THINK THAT'S WHAT WE'RE, WE'RE LOOKING FOR.
NO, I, I WOULD, I WOULD SAY THEN LEANING ON THAT, UH, EXISTING 10 FOOT EASEMENT, UM, THE ACTUAL DEVELOPABLE AREA IS THERE'S NO OTHER SPACE FOR US TO DO.
AND SO GRANTING THIS APPROVAL, IT REALLY IS, IS ULTIMATELY NECESSARY.
WHAT IS THE EASEMENT FOR? IS IT UTILITY EASEMENT? YES, IT'S UTILITY EASEMENT.
UM, I, I WOULD GO BACK AND SAY, YOU KNOW, AS THE APPLICANT DID EVERYTHING IN OUR KIND OF BEST INTEREST TO MAKE SURE THAT WE WERE PROCEEDING AS PLANNED, UM, HAVING OBTAINED THE PERMIT FROM THE CITY AND HAVING THE CITY REVIEW AND SIGN OFF ON THIS ULTIMATELY IS A CATCHALL, IS WHERE I KIND OF FALL BACK FROM A, A BURDEN PERSPECTIVE AND SAY, YOU KNOW, UH, PLEASE LOOK TO GRANT THIS BECAUSE OF THE CITY GRANTING OUR PERMIT.
UM, ULTIMATELY, I THINK THAT THAT'S KIND OF THE, THE SAFEGUARD THAT SHOULD BE IN PLACE.
UM, ALTHOUGH, YOU KNOW, WE SUBMITTED PLANS AND DID ENGINEERING EVERYTHING THAT WE BELIEVED WAS TRUE AND ACCURATE, UM, THE CITY, YOU KNOW, AFFIRMED THAT AND, AND GRANTED THIS PERMIT FOR US TO MOVE FORWARD.
SO I'M, I'M HOPING THAT THAT ALSO CARRIES WEIGHT.
THAT, AND THE FACT THAT THIS EASEMENT DOES EXIST, UM, MAKING IT IMPOSSIBLE FOR US TO REALLY ADD ANY OTHER SPACE TO OUR PROPERTY.
DO YOU KNOW OFFHAND WHEN YOUR PERMIT WAS APPROVED? YES.
IS THIS WHAT I HAVE MARCH BELIEVE RIGHT HERE, MARCH 23RD.
SORRY, THAT SOUNDS MARCH 28TH.
UH, THIS WAS SUBMITTED BY OUR CONTRACTOR.
I DON'T KNOW WHY IT'S LISTED AS $0.
SO THE VALUE OF WORK, I, I DON'T KNOW WHAT TO DO WITH THAT
UM, EXCEPT, WELL, JUST, JUST A COMMENT.
YES, MR. SINGTON, JUST, JUST ONE COMMENT FOR THE APPLICANT.
UM, UH, JUST BY, UH, JUST BE CAREFUL.
UM, THE MERE FACT THAT PERMITTING DID, DID APPROVE YOUR, UH, APPLICATION, DOES NOT, UH, ALLEVIATE THE FACT THE BURDEN IS ON YOU AS THE, UH, APPLICANT TO ENSURE THAT, UM, YOUR, UH, WHAT YOU ARE CONSTRUCTING IS WITHIN CODE AND FOLLOWS ALL, UH, ORDINANCES AND GUIDELINES.
SO JUST THE FACT THAT, THAT PERMITTING NO, YOU'RE, YOU'RE ABSOLUTELY RIGHT.
AND, AND AGAIN, YOU KNOW, I WAS UNDER THE IMPRESSION THAT THIS WAS, UH, PERMISSIBLE BY HAVING MULTIPLE PROFESSIONALS, YOU KNOW, PROVIDE THEIR INPUT.
I, I WON'T PRETEND TO BE A CODE EXPERT, AND SO I ULTIMATELY DEFERRED TO OUR ENGINEERING DESIGN AND GENERAL CONTRACTORS, UM, WHO, YOU KNOW, AGAIN, I, I RECOGNIZE THAT THAT'S NOT THEIR BURDEN TO PROVE, BUT I, I TRUSTED THOSE PROFESSIONALS.
IT IS AN ABSOLUTELY SELF-INFLICTED WOUND THAT, THAT WE AS A CITY PUT UPON OURSELVES.
IT, IT'S NOT, THERE'S NO REASON IT SHOULD HAPPEN.
[01:45:01]
BUT, UH, I AGREE WITH MR. S.IS THERE, ARE THERE, LET ME ASK YOU ONE FINAL QUESTION.
WHEN YOU LOOKED AT THE, THE VALUE OF THE STRUCTURE MM-HMM.
DID THEY DO THAT? NO, THEY DIDN'T.
IT'S, IT'S LISTED ALL AS ONE SINGLE PROPERTY.
ARE THERE ANY OTHER QUESTIONS FOR THE APPLICANT? NO.
WE'LL CLOSE THE PUBLIC HEARING.
IS THERE, IS THERE A MOTION MR. MILLIKEN? MR. CHAIR? I HAVE A MOTION, SIR.
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH 0 6 4 ON APPLICATION OF GREGORY MICHAELSON GRANT, THE FIVE 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 LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE OF INTENT TO THE DALLAS DEVELOPMENT CODE COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED.
IS THERE A SECOND VICE CHAIR AG JUDGE? I'LL SECOND MR. SLADE SECONDS.
MR. MILLIKEN, IT'S YOUR MOTION.
HOW'D YOU GET AROUND B AND C? MR. SLATE, HOW'D YOU GET AROUND B AND C? SURE.
UM, I FELT THAT THE APPLICANT CARRIED HIS BURDEN TO SATISFY ALL THREE OF THE PRONGS.
UM, I THINK THAT THE PERMIT GETS PAST A AND C IN MY MIND, BECAUSE I DON'T THINK THIS WAS, UH, IS BEING GRANTED TO CREATE A SELF-CREATED OR PERSONAL HARDSHIP.
UM, BECAUSE I DO BELIEVE THAT THE, UH, APPLICANT DID NOT START SPENDING UNTIL THE PERMIT HAD BEEN ISSUED.
UM, REGARDING B UM, GIVEN THE RESTRICTIVE AREA, I FIND THAT THE EASEMENT IN THE BACK, GIVEN WHAT THE BUILDING IS AND IN EXISTENCE, UM, SATISFIES THAT RESTRICTIVE SHAPE SUCH THAT, I'M WILLING TO SAY THAT THAT HAS BEEN SATISFIED.
I THINK THE LAWYERS WOULD KILL ME IF I DIDN'T SAY THIS.
UM, THE, UH, THERE IS A CASE ADJUDICATED STATE SUPREME COURT THAT ESSENTIALLY SAYS THAT, THAT BEING GRANTED A PERMIT DOESN'T CREATE A HARDSHIP.
AND, YOU KNOW, WHATEVER WE THINK ABOUT THAT, THAT'S, THAT'S WHERE IT IS.
I, YOU KNOW, A FEW AGO THEY PASSED THIS, UH, THIS LAW, WHICH I HAVE ALWAYS READ, TO HAVE BEEN AN ATTEMPT TO ALLEVIATE SITUATIONS WHERE, FRANKLY, THE CITY STAFF MAKES A MISTAKE.
AND, UH, BECAUSE IN THE PAST, WE'VE, WE'VE HAD OUR HANDS ABSOLUTELY TIED AND SAID, YEAH, I MEAN, AS HORRIBLE AS IT IS, BUILDING IT, UH, IS SELF-CREATED BY VIRTUE OF DOING IT.
UH, IF, IF THE, THE COURT HAS SAID YOU ARE NOT ALLOWED TO RELY ON A PERMIT, WHICH ESSENTIALLY IS WHAT IT SAID, UH, THAT'S WHERE WE STOOD.
SO NOW WE HAVE THIS WAY WE CAN GET AROUND IT THAT'S PRETTY SPECIFIC.
AND IT ESSENTIALLY, IN THIS CASE WOULD SAY THAT THE COST OF COMPLYING HAS TO BE AT LEAST 50% OF THE VALUE OF THE STRUCTURE.
I THINK I'M READING THAT CORRECTLY.
UH, FINANCIAL COST OF COMPLIANCE GREATER THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE AS SHOWN IN THE MOST RECENT APPRAISAL ROLES CERTIFIED TO THE ASSESSOR, UH, I WOULD THINK IT WOULD COST MORE THAN 13,000.
BUT, UH, YOUR DENOMINATOR IS 328,000.
SO IT WOULD HAVE TO GET PRETTY HIGH.
I, I BELIEVE, WELL, THE STANDARD YOU, YOU CAN DECIDE IS FINANCIAL COST OF COMPLIANCE.
SO WHERE THAT STARTS, UH, COULD BE REALLY EASILY OPEN.
BUT WHAT, WHAT I HAVE IN THE RECORD IS 13,000.
SO, SO THAT'S, THAT'S WHERE WE STAND.
[01:50:01]
MY INPUT.UM, IS THAT FOR THE TOTAL, THE ENTIRE HOUSE OR THE VALUE OF THE STRUCTURE, WHICH IS 75,000, THE CODE SAYS THAT THE FINANCIAL COST OF COMPLIANCE IS GREATER THAN 50% OF THE APPRAISED VALUE OF THE STRUCTURE, AS SHOWN ON THE MOST RECENT APPRAISAL ROLE CERTIFIED TO THE ASSESSOR, FURTHER MUNICIPALITY UNDER SECTION 26.01, SUBMISSION OF ROLL TO TAXING UNITS TAX CODE.
UM, THAT DOESN'T MEAN ON THE FACE OF IT, THAT FRANKLY WE WOULDN'T FIND A WAY TO, I WOULD LOOK VERY HARD TO FIND A WAY TO APPROVE SOMETHING THAT GOT, THAT BEGAN BEING BUILT, UH, ON THE RELIANCE OF A, UH, UH, OF A PERMIT ON ITS OWN.
SO NOW I LOOK AT, AT ALL OF THE NEIGHBORHOOD OPPOSITION, UH, WHICH IS SIGNIFICANT, IT DOESN'T, AND THAT THIS IS A LOT.
UM, AND FROM THE AERIALS I'VE SEEN, UH, IT DOESN'T, UH, YOU KNOW, IT, IT IS UNIQUE.
I FIND A WAY TO GET AROUND THAT WITH THE, UH, WITH THE EASEMENT, UH, CAUSE I BELIEVE THAT DOES MAKE THE LOT SMALLER.
UH, SO I CAN GET TO B AND I CAN GET TO A, AND I HAVE TROUBLE WITH C, BUT C IS A TECHNICALITY.
UM, I, I REALLY WISH THAT THE OPPOSITION WAS HERE.
UH, UH, READ YOUR LETTERS IF YOU'RE OUT THERE, BUT WE REALLY WOULD LIKE SOME CONTEXT.
UM, SO MOST OF THE LETTERS REALLY TALK ABOUT THE, THE CHARACTER OF THE NEIGHBORHOOD.
THE, THERE IS ONE LETTER THAT I, THAT I THINK ANALYZES IT PRETTY WELL.
UH, AND, BUT I THINK THE WAY I CAN GET AROUND THAT IS, UH, IS THE EASEMENT.
UH, I ACKNOWLEDGE THAT THIS IS, I'M, I'M CLOSE TO THE LINE, BUT I I'M GOING TO VOTE FOR IT.
AND VICE CHAIR, AGNES, WHAT YOU JUST SAID REMINDED ME OF SOMETHING THAT I NEGLECTED TO SAY IN THE BEGINNING.
DURING THE BRIEFING, WE HAD A TOUR OF THE, THE NOTICE AREA, AND SOME OF THE COMMENTS DEALT WITH THAT.
THERE WERE, UM, WHERE YOU'D ACCESS THE GARAGE AND OTHER THINGS.
AND MY IMPRESSION OF THAT ROUNDABOUT WAS THAT MORE OF THE HOUSES ALONG THAT NOTICE AREA LOOKED MORE LIKE THE APPLICANT'S PROPERTY THAN WHAT MAYBE WAS BEING DESCRIBED IN SOME OF THE LETTERS AS NO, UH, GARAGE FACING STREETS, SINGLE LANE DRIVEWAYS, ET CETERA.
MY ONLY OTHER COMMENT IS THAT I HOPE YOU DON'T USE THE STORAGE FOR THE BABY, BUT WE'LL, UM, SO IF THERE'S NO OTHER COMMENT, MR. SINGTON, NOTHING, WOULD YOU CALL THE VOTE? YES, MS. P*****K? AYE.
UM, OKAY, SO, SO THE NEXT CASE IS BDA 2 23 DASH 0 6 7 4 0 2 NORTH GOOD LATIMER EXPRESSWAY.
MR. BALDWIN, IT'S GOOD TO SEE YOU PARKING AGAIN.
WOULD YOU PLEASE SWEAR MR. BALDWIN 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.
GOOD AFTERNOON AGAIN, ROB BALDWIN, 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
I HAVE A, A BRIEF PRESENTATION THAT I CAN DO FOR YOU, BUT WHILE THAT'S GETTING LOADED, I'LL JUST QUICKLY TALK ABOUT PARKING AGREEMENTS, BECAUSE I KNOW AT THE BRIEFING SESSION THERE WAS QUESTIONS ABOUT THAT.
SO, IN DALLAS, ON THE REQUIRED ON STREET PARKING FOR USE HAS TO BE ON THE PROPERTY IMMEDIATELY ADJACENT TO THE PROPERTY, OR WITHIN A CERTAIN WALKING DISTANCE, DEPENDING ON THE AREA WITH A, A PARKING AGREEMENT, PARKING AGREEMENTS.
IN DALLAS, THERE'S THREE TYPES.
THERE IS A SHARED PARKING AGREEMENT SAYING THAT SOMEONE GETS IT ONE TIME IN THE MORNING OR SOMETIME OF DAY, AND SOMEONE GETS IT THE OTHER PART OF THE DAY, KINDA LIKE WHAT WAS HAPPENING ON DRAGON STREET.
UH, ANOTHER IS A REMOTE PARKING AGREEMENT, WHICH MEANS THAT PEOPLE GET THAT 24 HOURS A DAY, AND THEN THERE'S, UH, A VALET PARKING AGREEMENT OR A PACKED PARKING AGREEMENT, WHICH WE'RE GONNA UTILIZE HERE, MEANING THAT YOU GET TO PUT YOUR CARS IN A MORE DENSE FORMATION, BUT YOU HAVE
[01:55:01]
TO HAVE A VALET ON SITE WHILE YOU'RE OPEN TO MANEUVER THE CARS.ANOTHER THING, KEEP IN MIND, DALLAS ONLY ALLOWS PEOPLE TO PAY FOR PARKING, UH, FOR OFF STREET PARKING AT LOVE FIELD, EVERYWHERE ELSE, THE REQUIRED OFFS, STREET PARKING HAS TO BE FREE.
SO IF YOU GO UP TO A PLACE AND THEY'RE TRYING TO CHARGE YOU TO PARK OFF STREET, YOU KNOW, UN REQUIRED PARKING, THAT'S NOT, THAT'S NOT ALLOWED.
UH, THE CODE SPECIFICALLY SAYS ONLY LOVE FIELD, YOU CAN DO THAT.
ARE YOU SAYING THAT, THAT ESSENTIALLY PARKING METERS ARE ILLEGAL IN THE CITY OF DALLAS? OH, WELL, I NEVER THOUGHT, UH, THOSE ARE ON STREET PARKING, NOT OFF STREET PARKING.
SO PAID PARKING LOTS ARE NO, IF IT'S, IF IT'S PARKING THAT'S REQUIRED FOR A USE MM-HMM.
BUT IF I'M OPENING, YOU KNOW, ROB'S, UH, HARDWARE STORE AND I HAVE TO PROVIDE ONE PARKING SPACE FOR EVERY 200 SQUARE FEET OF, UH, FLOOR AREA, I CAN'T CHARGE YOU TO PARK THERE, EVEN IF, IF IT'S WELL, OKAY.
SO, SO IT DOESN'T MATTER WHETHER YOUR USERS ARE THE, UH, TENANT'S USERS, FOR EXAMPLE, OR SOME OFFSITE USER, THEY CANNOT BE USED AS PAID PARKING IF THEY'RE ON SITE AND COUNTING.
IF IT'S MY REQUIRED PARKING, I CANNOT CHARGE YOU FOR IT.
AND THAT WILL COME IN, IN, UM, INTO EFFECT HERE IN JUST A SECOND.
UH, CAN YOU, UH, GO TO THE NEXT SLIDE, PLEASE, GIANNA? SO JERRY JONES WAS, UM, IN VIOLATION WHEN HE WAS CHARGING TO PARK AT WALMART ACROSS THE STREET, ARLINGTON.
ARLINGTON, AND I'M PRETTY SURE MR. JONES CHANGED THE LAW, BUT, SO THIS IS, THE PROPERTY IS LOCATED JUST NORTH OF DEEP ELLUM.
UM, I, THIS AREA IS RAPIDLY BECOMING, I THINK THEY'RE TRYING TO GET A NEW NAME FOR IT, BUT, UH, IT'S GOOD LATIMER AND SWISS AVENUE.
UH, THERE'S A, A COUPLE OF NEW ENTERTAINMENT COMPLEXES THERE, BOTTLE BLONDES THERE.
A PLACE CALLED, UH, VICE PARK, UH, GREENLIGHT SOCIAL ARE, ARE THERE.
UM, IT'S AN EXTENSION OF DEEP ELHAM IN MY MIND.
IT'S A PLACE WHERE PEOPLE WILL COME PARK ONCE, GO TO DIFFERENT V VENUES AND, UH, YOU KNOW, THEN LEAVE.
AND THEY'LL EITHER COME IN A CAR, THEY'LL COME IN AN UBER, OR IN THIS CASE, WE'RE RIGHT ACROSS THE STREET FROM A, A TRANSIT STATION.
UH, IT IS AN EXISTING BUILDING.
WE'RE JUST REPOSITIONING IT FROM AN OFFICE BUILDING TO A RESTAURANT.
IF YOU LOOK AT THAT ENTIRE BLOCK, MY, THE OWNER OF THIS PROPERTY OWNS THAT ENTIRE BLOCK, AND THERE'S A CENTRAL PARKING LOT THERE THAT, UM, DURING OPERATIONS WHEN THESE BUILDINGS ARE OPENED, BECAUSE ON THIS SITE, THERE IS, UH, OUR SITE, WHAT YOU WANNA DO, AND THEN, RIGHT, THAT WHITE BUILDING TO THE RIGHT IS A PLACE CALLED, UH, GREENLIGHT SOCIAL.
THEY WILL SHARE A VALET, UH, STAND AND USE THAT AREA THAT MY, THE GREENWAY INVESTMENT OWNS IN THE MIDDLE, UH, FOR VALET PARKING.
UH, SO EVERYBODY COMES IN ONE PLACE.
THEY CAN GO TO DIFFERENT FACILITIES.
THEY CAN GO ACROSS THE STREET TO BOTTLED BLONDE, OR THERE'S TWO NEW, UH, CITIZEN, AND THERE'S ANOTHER ONE RIGHT ACROSS THE STREET AND, UH, GO THERE.
SO THERE'LL BE FREE VALET PARKING FOR, FOR THIS USE.
UH, THERE, AS YOU SAW, THERE WERE SEVERAL PAY PARKING LOTS IN THE IMMEDIATE VICINITY, UH, INCLUDING THE EPIC, WHICH IS THAT, THAT BIG BUILDING THAT WAS BUILT BY WESTDALE A FEW YEARS AGO, THAT ALSO HAS SEVERAL HUNDRED, UH, PAID PARKING, UH, PLACES YOU CAN PARK.
YOU CAN SEE WE'RE NOT FAR FROM DEEP ELLUM.
UH, RIGHT DOWN OUR STREET IS A UBER DROPOFF ZONE, UH, THAT THE DEEP EL FOUNDATION SPONSORS.
UH, SO THAT'S WHERE YOU CAN PICK UP AND DROP OFF YOUR UBER RIGHT NEXT TO THIS BUILDING.
SO WHAT WE'RE ASKING FOR IS A REDUCTION IN PARKING, UH, BECAUSE WE BELIEVE, AS DOES THE CITY THAT BETWEEN THE, THE SHARED PARKING ARRANGEMENT THAT WE HAVE, THE PROXIMITY TO DEEP ELLUM, THE PROXIMITY TO THE DART STATION, THE ABUNDANCE OF, UH, PARKING IN THE AREA, ALTHOUGH YOU MIGHT HAVE TO PAY FOR SOME OF IT, IF YOU DON'T WANNA PARK IN THE FREE VALET LOT, THERE IS ENOUGH PARKING IN THE AREA.
UNFORTUNATELY, PARKING IS A TWO-EDGED SWORD.
YOU KNOW, PEOPLE WANT CHEAP, CONVENIENT, AND EASY PARKING.
BUT WHEN YOU DO THINGS LIKE THIS, UH, WHEN YOU'RE IN THIS KIND OF AREA TO GET THAT, YOU DO DEMOLISH BUILDINGS TO DO IT.
UH, UNFORTUNATELY, WHAT WAS ON THIS THIS LOT SEVERAL YEARS AGO FOR YOUR OLD TIMERS WAS
[02:00:01]
THE S P J S T BUILDING, UH, THE OLD CHECK FRATERNAL ORGANIZATION.UH, AND THAT GOT TORN DOWN, BE TURNED INTO A PARKING LOT.
AND I DON'T THINK WE NEED TO REALLY MORE OF THAT BECAUSE, UH, PEOPLE YOUNGER THAN ME AND AND MYSELF ACTUALLY, THEY, THEY USE UBER.
YOU KNOW, THEY'RE NOT GONNA RISK, UH, GOING OUT AND DRINKING AND DRIVING.
WE HAVE DART RIGHT ACROSS THE STREET.
WE HAVE UBER RIGHT ON THE STREET.
UM, WE, WE THINK THAT THE REQUEST IS REASONABLE.
WE HOPE THAT THE CITY THINKS THAT REQUEST IS REASONABLE.
I HOPE THAT YOU THINK THE REQUEST IS REASONABLE.
UM, I THINK THAT'S EVERYTHING I'VE HAD TO SAY.
I COULD TALK MORE ABOUT PARK AGREEMENTS, IF YOU LIKE, THOUGH, UH, DON'T OFFER, UH, MR. BALDWIN.
SO LET ME, MY, MY CONCERN IS THAT PARKING SPACES THAT ARE, WE'RE NOW COUNTING TOWARDS THIS PROPERTY ALSO BE USED, ALSO GET USED FOR OTHER PROPERTIES.
AND I REALLY MEAN THAT BY CODE.
UH, AND IN THE, IN THE APPLICATION, UH, HERE, UM, YOU WRITE, YOU, YOU GO THROUGH PARKING PROVIDED AND IT SAYS REMOTE PARKING TO BE DRAFTED.
AND THAT LOOKS LIKE 27 SPACES ON 26, 36 SWISS 26 15 AND 26 19 FLOYD BY REMOTE PARKING.
NOT UNDERSTANDING EXACTLY HOW THAT WORKS, UM, AND NOT HAVING AN ACTUAL AGREEMENT TO TIE IT TO.
SO, UM, BEFORE WE CAN GET A CERTIFICATE OF OCCUPANCY, WE HAVE TO PROVE UP OUR PARKING.
WE HAVE TO PROVE TO BUILD BUILDING INSPECTION DEPARTMENT THAT WE HAVE ENOUGH OFFS, STREET PARKING TO MEET CODE.
AND THAT CAN BE PHYSICAL SPACES ON THE GROUND.
IT CAN BE DELTA CREDITS, IT COULD BE PARKING IN.
SO YOU, THESE 27 ARE BAKED INTO YOUR APPLICATION, RIGHT? SO WE, WE'D HAVE TO SHOW THEM THAT WE HAVE A PARKING AGREEMENT THAT MEETS THE PARK, THE, THE WALKING DISTANCE, AND THAT GETS RECORDED IN THE DEED RECORDS.
AND WE CAN ONLY TERMINATE IT BY SURRENDERING CERTIFICATES OF OCCUPANCY.
DO YOU KNOW WHAT TIME DARK CLOSES AT THAT LOCATION? YOU WHAT TIME THE LAST TRAIN IS? I DO NOT KNOW.
I COULD GOOGLE IT IF YOU'D LIKE.
IS IT MIDNIGHT OR 10? I DON'T KNOW.
UM, SO I UNDERSTAND WHY I DON'T HAVE TO SEE ALL OF THE PARKING AGREEMENTS, I BELIEVE.
ARE THERE OTHER QUESTIONS FOR MR. BALDWIN? I'M THE ONE WHO PULLED IT.
ARE THERE OTHER SPEAKERS? THERE'S NONE FOR MY, AND I PRESUME THERE AREN'T SPEAKERS AGAINST THAT'S TRUE.
IS THERE A MOTION? I HAVE MY MOTIONS THERE.
MR. SLADE, I MOVE THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 7 ON APPLICATION OF BALDWIN ASSOCIATES.
GRANT THE REQUEST OF THIS APPLICANT TO PROVIDE 56 OFF STREET PARKING SPACES TO THE OFFS STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 69 OFFS, STREET PARKING SPACES.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASED 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 OR DRIVE THROUGH.
I FURTHER MOVE THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
THE SPECIAL EXCEPTION OF 13 SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN A RESTAURANT WITHOUT A DRIVE OR DRIVE THROUGH USE IS CHANGED OR DISCONTINUED.
I I'M THE ONE WHO WANTED TO HEAR IT.
UM, I THINK WHAT I SAID HOLDS, I'M, I'M CONVINCED, UM, THAT, THAT THE PARKING WILL BE NOT DOUBLE OR TRIPLE COUNTED, WHICH IS REALLY WHAT I CARE ABOUT.
UH, I DO THINK THE AREA WILL BECOME MORE AND MORE DENSE AND AT SOME POINT YOU CAN'T JUSTIFY EVERYTHING WITH RIDESHARE.
MR. SINGTON? UM, I DON'T HAVE ANY ADDITIONAL COMMENT.
UH, WILL YOU CALL THE, THE VOTE? MS. P*****K? AYE.
UH, LET'S TAKE A 10 MINUTE BREAK, UH, BEFORE THIS NEXT CASE SO EVERYONE CAN, UH, PREPARE.
UH, WE WILL, UH, RECONVENE AT 3 22 CUZ IT'S THREE 11 AND 20.
[02:05:08]
OOPS.WELL, SO WE SPENT ALL DAY ON THE SIX ON CONTESTED CASES, WHICH WE ALL NEEDED FIVE.
I MEAN, A COUPLE OF THEM WE COULDN'T, WE HAD QUESTIONS.
I MEAN, ONCE THERE WAS OPPOSITION DRAFTED YEAH.
BUT THERE'S SOME MAJOR SCREW UP.
WE'RE NOT SOMEHOW GETTING THE OPPOSITION TO THE APPLICANT BEFORE THE HEARING THAT THEY NEED TO KNOW.
I MEAN, THEY'RE ENTITLED NOT TO BE ABLE TO DRAFT IT OR, OR WORK IT OUT SOMEHOW, RIGHT? YEAH.
WELL, I WONDER WHAT TIME THEY WERE SUBMITTED.
WELL, I GUESS THEY WERE SUBMITTED ON TIME IF WE HAVE THEM.
[02:10:40]
DIANA OR MARY OR NIKKI, CAN Y'ALL HEAR ME? YES.DO YOU THINK THE CITY, BY VIRTUE OF BEING A GOVERNMENT ENTITY, IS NOT ALLOWED TO PLAY RANSOM? HUH? THAT SOMEBODY THAT'S MINE.
[02:17:57]
SORRY.I WAS JUST TRYING TO FIGURE OUT HOW MANY, HOW MANY PEOPLE WE HAVE SPEAKING.
UM, SO THAT'S AGAINST AND FOR, OKAY.
THANKS, MR. SINGTON, ARE YOU THERE? I WAS WAITING ON YOU CHAIR, AGNI.
WELL, THAT'S, SO SAY FIVE MINUTES EACH MM-HMM.
IF YOU'RE TALKING TO ME, I CAN'T HEAR YOU.
SO IT, IT DEPENDS IF, UH, IF EVERYBODY'S GONNA SPEAK IT GETS CUT DOWN PER PERSON.
I AM TELLING YOU TO FIGURE IT OUT.
YEAH, WELL THE TALK AMONGST YOURSELVES AND DECIDE HOW YOU WANT TO DO IT.
[02:20:01]
OKAY.EVERYONE'S HERE IT IS, 3 26 AND 50 SECONDS.
UH, THE PANEL C OF THE BOARD OF ADJUSTMENT IS NOW IN SESSION RECALL CASE BDA TWO TWENTY THREE DASH OH 5 3 72 17 BROOKSHIRE CIRCLE.
UH, BEFORE WE DO THAT, I, I'D LIKE TO MAKE A MOTION TO SUSPEND OUR RULES OF EVIDENCE TO, UH, TO ACCEPT WHAT IS TWO DIFFERENT SUBMISSIONS.
MAY I HAVE A SECOND? I SECOND.
SO WOULD THE APPLICANT PLEASE BE SWORN IN? STATE YOUR NAME AND ADDRESS? I'M SORRY.
WHAT? WE ARE GOING TO GIVE, UH, 15 MINUTES TO EACH SIDE AND A FIVE MINUTE REBUTTAL.
SO DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
I LIVE AT 400 DONLEY COURT, SOUTH LAKE, TEXAS 76,092.
UM, I DON'T KNOW IF YOU REMEMBER, UH, MOST OF YOU PROBABLY DO.
UM, WE'RE TALKING ABOUT TWO FEET, TWO FEET OF A FENCE.
FIRST OF ALL, I'D LIKE TO KNOW IF, UH, YOU ACCEPTED, UM, OUR, UM, OUR HANDOUTS WE JUST DID.
YES, YOU HAVE, UH, YOU SHOULD HAVE TWO, ONE THAT HAS ALL THE NAMES OF THE PEOPLE WHO, UM, THAT ARE APPROVED IT, UM, OR, OR, UH, DON'T HAVE OPPOSITION TO OUR FENCE REQUEST.
IF YOU WANNA WALK US THROUGH IT, THAT'S GREAT.
UH, AND THEN YOU HAVE ANOTHER PACKET THAT HAS SOME LOCAL FENCES THAT YOU'VE SEEN THAT ARE, UH, IN THE BROOKSHIRE AREA.
UH, THIS IS A CASE OF AN OLD HOUSE THAT WAS TORN DOWN.
UH, THE ORIENTATION WAS FROM BROOKSHIRE CIRCLE.
NOW IT'S, UH, FRONTS BROOKSHIRE DRIVE.
UH, IT WAS BUILT, UH, VIA ALL THE PERMITS AND CODES.
UM, BROOKSHIRE, BROOKSHIRE CIRCLE AND BROOKSHIRE DRIVE CREATE AN ISLAND.
THAT ISLAND CREATES THREE FRONT YARDS FOR 72 17 BROOKSHIRE DRIVE, WHICH IS THE COEDS HOUSE.
UH, THEY ESSENTIALLY HAVE THREE FRONT YARDS.
THE PROBLEM WITH THREE FRONT YARDS IS YOU, UH, ACCORDING TO YOUR ORDINANCES, YOU CAN'T HAVE A SIX FOOT FENCE IN A FRONT YARD.
THAT'S KIND OF WHY WE'RE HERE.
UH, THEY'RE ALLOW A FOUR FOOT FENCE.
A FOUR FOOT FENCE PROVIDES THE COEDS AS FISH.
THEY'RE IN A FISHBOWL FROM THREE SIDES OF THEIR PROPERTY.
ANYBODY CAN LOOK IN, CAN SEE INTO THEIR BACKYARD, CAN SEE INTO THEIR BACK OF THEIR HOUSE THROUGH THEIR WINDOWS.
UM, NONE OF US WANT THEIR BACKYARD TO BE THAT PUBLIC.
AND THAT'S WHAT THE COEDS ARE ASKING FOR A PRIVATE BACKYARD WITH SECURITY AND ALSO, UH, SAFETY FOR THEIR SWIMMING POOL.
UM, WE WERE REQUESTING A SIX FOOT HIGH FENCE.
UH, THE ORDINANCE ALLOWS US TO PUT A FORCE, SO WE'RE ASKING FOR TWO MORE FEET, AND WE'RE ASKING TO PUT IT 10 FEET OFF THE STREET.
UM, THE LAST HEARING WHEN WE WERE HERE LAST TIME, YOU HEARD A LOT OF EMOTION.
UH, A LOT OF THE MOTION OF, UH, PEOPLE WHO DIDN'T WANT US TO DO THIS, UH, SAID THEY WOULD LOSE THEIR VIEW.
THE REALITY IS THEY WOULD LOSE THE VIEW OF THE COEDS BACKYARD.
THEY WOULD LOSE THE VIEW OF THE COEDS SWIMMING IN THEIR POOL.
THEY WOULD LOSE THE VIEW OF THE COEDS IN THEIR KITCHEN, ON THEIR PORCH.
UH, UH, THAT'S THE ONLY VIEW THEY'RE GONNA LOSE IF WE RAISE IT TWO FEET.
THEY STILL SEE THEIR ROOF LINE.
THEY STILL SEE THE WHOLE ISLAND OF, UH, BROOKSHIRE CIRCLE.
THEY DO NOT LOSE ANY, UH, VISIBILITY ON THE STREET.
THEY DON'T LOSE THE ABILITY OF THEIR HOUSES OR THEIR PROPERTIES BECAUSE THE FENCE IS ON THE OTHER SIDE OF THE STREET.
SO THEY DON'T LOSE ANY OF THEIR ABILITY ON THEIR OWN PERSONAL PROPERTY.
[02:25:02]
WHY THE SIX FOOT FENCE? THE COEDS ACTUALLY WANTED AN EIGHT FOOT FENCE.EIGHT FOOT GIVES THEM COMPLETE PRIVACY IN THEIR BACKYARD.
EIGHT FOOT IS A LITTLE, UM, A LITTLE MUCH TO ASK FOR IN A NICE NEIGHBORHOOD FOR THIS.
SO THEY'VE COMPROMISED IN SAYING, WELL, LET'S, LET'S TRY TO GET A SIX FOOT FENCE SO THAT WE CAN HAVE OUR PRIVACY.
UM, AND I ALREADY TALKED ABOUT THE FISHBOWL EFFECT OF, UH, OF THAT.
I WOULD ASK, DO ANY OF YOU WALK FROM YOUR BEDROOM THROUGH YOUR KITCHEN TO THE LAUNDRY ROOM IN YOUR UNDERGARMENTS? PROBABLY DO IN YOUR BACKYARD.
NOBODY CAN SEE YOU IF THE COVE HEAD'S TRIED TO DO THAT WITH ONE OF THEIR WINDOWS OPEN.
NOT ONLY CAN SOME PEOPLE SEE THEM AT ANY TIME, 24 7, THEY CAN ALWAYS SEE THEM.
THAT'S ALWAYS, AND THE KEY IS, IS THEY WILL LIVE IN THAT FISHBOWL FOR THEIR REST OF THEIR LIFE IN THAT HOUSE, AND THEREFORE THEIR EFFECT OF THEIR PROPERTY IS DIMINISHED BECAUSE THEY CAN'T PROVIDE, UH, PRIVACY FOR THEMSELVES.
SO WHAT WE'RE ASKING FOR IS THIS TWO FEET RIGHT HERE.
THIS IS ALL WE'RE ASKING FOR, IS TWO ADDITIONAL FEET OFF OF FOUR FEET.
YOU CAN SEE ABOVE THAT EVERYWHERE ELSE IN THE WORLD.
I DON'T THINK THAT BY PROVIDING, UH, THAT TWO FEET THAT WE'RE RUINING THE VALUE OR THE, UH, ESSENCE OF ANY OF THE OTHER NEIGHBORS.
UM, SO THAT'S, THAT'S WHAT, UH, WE'RE ASKING FOR.
UH, ANYBODY HAVE ANY QUESTIONS FOR ME? ARE THERE QUESTIONS, MR. SLATE? I HAVE A COUPLE, UM, ONE I WANTED TO WALK THROUGH BRIEFLY THIS, UM, THE SECOND HANDOUT YOU GAVE, WHICH I BELIEVE IS FOUR PICTURES OF, OF PROPERTIES.
UM, WOULD YOU MIND WALKING US THROUGH EACH AND GIVING US WHAT YOU ESTIMATE THE HEIGHT OF THOSE PARTICULAR FENCES TO BE? JUST SO WE HAVE THAT FOR THE RECORD? I, I WILL LET, UH, THE HOMEOWNER DO THAT.
SO HE'S MORE, UH, INTIMATE WITH THEM THAN I AM.
ALL RIGHT, MS. WILLIAMS. SHOULD WE JUST SWEAR EVERYONE IN AT ONCE? SURE.
WHY DON'T WE DO THAT? IF, IF YOU, UH, ARE HERE TO SPEAK ON THIS CASE, WOULD YOU PLEASE STAND UP AND, AND BE SWORN IN? DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
BEFORE PROCEEDING, PLEASE STATE YOUR NAME AND ADDRESS.
I LIVED AT 72 17 BROOKSHIRE DRIVE, AND I'M THE HOME HOMEOWNER.
AND YOU HAVE QUESTIONS ABOUT THE DIFFERENT FENCES AND THE HEIGHTS.
TURN YOUR MICROPHONE ON MR. SINGTON WILL JUMP ON YOU.
OH, CAN, CAN YOU HEAR ME ALL RIGHT? I HEAR YOU, BUT I'M NOT, IT DOESN'T SOUND LIKE IT'S ON, IT'S REALLY NOT MEANT FOR TALL PEOPLE.
IT'S, IT'S THE YELLOW LIGHTS ON, SO I'M ASSUMING THAT IT'S, IT'S WHERE WE ARE, ARE, I'LL TRY AND GET A LITTLE BIT CLOSER TO IT.
UH, THE FIRST ONE IS, IS 71 0 7 ROYAL LANE.
UH, AND THAT IN THE, IN THIS PACKET, AND THAT IS AN EIGHT OR NINE FOOT FENCE, UH, THAT WAS RECENTLY CONSTRUCTED.
THIS HOUSE IS ACTUALLY FAIRLY NEW, PROBABLY THE LAST FIVE OR 10 YEARS.
AND THIS IS A SIDE STREET, SO THAT MAKES THIS A FRONT YARD SETBACK.
AND THIS IS A VERY TALL FENCE THAT IS LITERALLY ONLY A COUPLE OF FEET OFF THE SIDEWALK, I MEAN OFF THE CURB.
NOW THE SECOND ONE, WHICH IS FOREST SCADE CIRCLE, AGAIN, IS, IS VERY CLOSE TO OUR HOME.
AND THIS IS A STREET, WHICH IS HILLCREST.
AND AGAIN, YOU HAVE A FENCE HERE THAT IS PROBABLY CLOSER TO 10 FEET ON THE WOOD FENCE.
IN THE, IN THE, UH, THE BRICK FENCE IS CLOSE TO SIX FEET.
AND AGAIN, THIS IS A FRONT YARD SETBACK.
AND THIS FENCE IS BUILT TO THE CURB.
THE NEXT ONE IS 69 0 7 ORCHID LANE.
AND THIS, THIS WAS, I THINK, A TORNADO DAMAGED HOUSE.
SO THIS FENCE IS, IS BRAND NEW IN THE LAST FEW YEARS.
AND YOU CAN TELL BY THE TREES.
AND THE SIGN HERE, THIS IS ABOUT SIX FEET, BUT THIS IS WITHIN TWO OR THREE FEET OF THE SIDEWALK.
AGAIN, VERY CLOSE TO THE FRONT YARD SETBACK.
AND THE LAST ONE IS BROOKSHIRE DRIVE.
IT IS, AGAIN, CONSIDERED A FRONT YARD SETBACK.
THIS IS, AGAIN, A FAIRLY NEW FENCE.
AND, AND I WOULD ESTIMATE THE HEIGHT ON THIS FENCE IS NINE FEET.
SO THESE ARE ALL EXAMPLES FROM, YOU KNOW, BROOKSHIRE DRIVE AND HOMES IN OUR IMMEDIATE WALKING DISTANCE TO OUR HOUSE.
AND I THINK SHE DROVE THROUGH, UH, SOME OF THE NEIGHBORHOODS,
[02:30:01]
NOT THESE NEIGHBORHOODS THAT ALSO HAD, UH, FAIRLY HIGH FENCES IN THEM.UM, SINCE MY QUESTIONS DON'T CUT INTO YOUR TIME, MAY I ASK ONE MORE BEFORE YOU THEN GET TO ACTUALLY SURE.
PRESENT, UM, THE, AS YOU SAW FROM THE BRIEFING, THERE WAS MAYBE SOME CONFUSION ABOUT, UM, LETTERS IN OPPOSITION OR NOT.
I JUST WANTED TO CONFIRM THAT THE I THE HOUSES AT, UM, 71 27, 71, 21, 71 15, AND 71 0 7, ALL BROOKSHIRE CIRCLE, UM, THEY'RE IN OPPOSITION TO THE REQUEST.
IS THAT RIGHT? THAT'S CORRECT.
JUST WANTED TO MAKE SURE WE HAD THAT ALL CLEAR.
AND ONE OF THE HANDOUTS WAS ALL THE, THE PEOPLE THAT WERE IN FAVOR, UH, THAT WE COLLECTED SIGNATURES FOR AND WE INCLUDED THEIR ACTUAL, UH, PAPERWORK THAT THEY SIGNED IN FAVOR OF THE, THAT.
THOSE ARE ALL THE PEOPLE THAT ARE IN FAVOR.
I'LL GO AHEAD AND PUT IT ON THE RECORD.
UH, IT SAYS THAT 71 27 71, 40, 71 48, 72 0 4, ALL BROOKSHIRE DRIVE, UH, ARE IN FAVOR ALSO 71 39 BROOKSHIRE CIRCLE, 70 59 ORCHID LANE AND 72 25 BROOKSHIRE DRIVE.
ARE, ARE REPRESENTED TO BE IN FAVOR.
AND THE ORCHID LANE HOUSE IS ONE OVER FROM, IT'S JUST OUTSIDE THE CIRCLE FOR THE, THE SURVEY.
AND THERE'S SOMEBODY WHO CAN, FROM THEIR BACKYARD LOOK AT OUR HOUSE.
SO WE SPOKE TO THEM AND GOT THEIR APPROVAL AS WELL.
SO WE, WE HAVE SOME LIMITATIONS, ONE OF WHICH IS WE CAN'T JUST PULL UP A MAP AND THAT WE HAVEN'T BEEN GIVEN.
UH, AND THE MAPS WE HAVE WITH ONE EXCEPTION AND ONLY A, THEY'RE WITHIN 200 FEET, UH, SHOW, UH, ADDRESSES.
AS YOU GO THROUGH SOME OF THESE PICTURES, IT WOULD HELP TO HAVE SOME SENSE OF WHERE THEY, WHERE THEY ARE.
I, I, I, YOU KNOW, HAVING BEEN HERE LAST MONTH, WE'RE GONNA TALK ABOUT THAT AS TO WHETHER ROYAL LANE IS EQUIVALENT TO BROOKSHIRE CIRCLE.
SO I'LL LET YOU GO AHEAD AND SPEAK TO IT ON MY TIME.
WELL, ROYAL ROYAL LANE IS, IF YOU LOOK AT THE HOUSES ON THE OTHER SIDE OF THE STREET FROM US THAT WE KIND OF, WHERE OUR BACKYARD IS, IF YOU GO ON THE OTHER SIDE OF THOSE HOUSES THERE, THAT'S ROYAL LANE.
AND SO ROYAL LANE IS, IS A, NOT VERY FAR FROM OUR HOUSE.
SO THAT HOUSE ON ROYAL LANE IS ON A SIDE STREET.
AND THAT'S ONE OF THE REASONS WE FELT THAT HAVING A FRONT YARD SETBACK ON ROYAL LANE AND HAVING A FRONT YARD SETBACK ALSO ON THE SIDE STREET IS VERY SIMILAR.
UH, THE BROOKSHIRE DRIVE HOUSE HERE, IF YOU GET ON, TAKE BROOKSHIRE DRIVE, JUST CONTINUE DRIVING WEST ON IT.
GO OVER HILLCREST, THAT HOUSE, WHICH IS ON, AGAIN, ON A CORNER THAT HAS A FRONT YARD SETBACK.
THAT'S THE LAST OF THE PICTURES.
UH, THAT ONE, YOU KNOW, CALL IT A HALF A MILE OR A MILE DRIVE, AGAIN, IS OUR, IN OUR IMMEDIATE VICINITY OR NEIGHBORHOOD, AND HAVING A VERY TALL FENCE HERE.
AND I BELIEVE THERE'S A POOL ON THE OTHER SIDE OF THAT.
AND THEN IF YOU, THE ORCHID LANE AND THE FOREST LAID CIRCLE, THOSE ARE, UH, RIGHT OFF OF HILLCREST, BETWEEN HILLCREST AND WHERE BROOKSHIRE DRIVE.
AND OUR HOUSE IS AGAIN, A SHORT WALK, UH, FROM OUR HOUSE.
SO WE CONSIDER THOSE TO BE, YOU KNOW, IN OUR NEIGHBORHOOD, UH, WITH SIMILAR FENCES, SIMILAR NEW FENCES, UH, THAT HAVE BEEN CONSTRUCTED HIGH IN MOST CASES, HIGHER THAN WHAT WE HAVE.
ANYTHING ELSE ON THESE? WERE ANY OTHER QUESTIONS? ANY QUESTIONS? I HAVE, I HAVE A QUESTION.
THE HOUSES ACROSS THE STREET ON, FROM YOUR PROPERTY ON BROOKSHIRE CIRCLE, IS THERE A CREEK BEHIND THEM? YES.
ARE THERE OTHER QUESTIONS, MR. SLADE? I FEEL LIKE WE'VE INTERRUPTED YOUR ABILITY TO ACTUALLY PRESENT WHAT YOU'D LIKE TO PRESENT, SO I THINK WE SHOULD AFFORD HIM THAT CHANCE.
I, WELL, I'LL BE FAIRLY BRIEF.
WHEN WE WERE HERE LAST, WE DISCUSSED ADJOURN THIS HEARING IN ORDER TO DISCUSS A COMPROMISE OF SOME KIND OF PUTTING THE FENCE 15 FEET BACK AT SIX FEET, UH, WITH THE NEIGHBORS.
[02:35:01]
FORTH WITH MANY OF THIS GROUP.UH, THE LAST DISCUSSION ON THAT WAS THE LETTER THAT YOU SAW UP HERE.
WHERE DID THESE PEOPLE SIGN OR NOT SIGN? THEY WERE TWO ISSUES WITH THAT LETTER.
WE CONSTRUED THAT LETTER TO SAY WE WOULD, WE WOULD BE WILLING TO ACCEPT A 15 FOOT SETBACK AND A SIX FOOT FENCE.
IF YOU HAD YOUR NEIGHBORHOOD NEIGHBOR TEAR HIS FENCE DOWN AND BUILD ANOTHER FENCE FIVE FEET FURTHER BACK, THE NEIGHBOR DECLINED TO TEAR DOWN A BRAND NEW FENCE AND MOVE IT FIVE FOOT BACK.
SO IN OUR MIND, THE DEAL WAS DEAD.
UH, PART OF THAT DEAL ALSO IN THERE WAS A SECTION ABOUT OUR POOL, AS YOU HEARD FROM THE LAST TIME, UH, IS IN A SETBACK AREA AND SHOULD NOT HAVE BEEN GRANTED A PERMIT.
SO WE HAD AN AGREEMENT WITH THEM THAT IF WE CAME TO THE COMPROMISE ON THE 15 FEET IN THE FENCE AND LANDSCAPING, THAT THEY WOULD NOT OPPOSE ANY KIND OF EFFORTS BY US TO GET SOME KIND OF EXCEPTION ZONING, WHATEVER FOR THAT POOL.
IN TALKING TO OUR CONSULTANT, UH, CARL, HE SAID, YOU KNOW, WE WILL GO TALK TO MO UH, MOHAMMED, WHO'S IN THE, THE PLANNING OFFICE AND DECIDE WHAT'S THE EASIEST WAY TO DO.
AND ONE OF THE EASIEST WAYS TO GET THAT POOL APPROVED COULD BE A RELA TO SIMPLY MOVE THE LINE FOR THAT POOL.
SO THAT'S WHAT I PUT IN THE LETTER, WHETHER IT'S RELA A DIFFERENT ZONING HEARING OR SOMETHING IN ORDER TO GET THE POOL APPROVED AND FINISHED.
UH, SO, SO THIS IS THE LETTER THAT WE SAW DIGITALLY THIS MORNING? YES.
AND THAT WAS A LETTER THAT WAS SUBMITTED BY ONE OF THE OPPOSING HOMEOWNERS.
AND SO THERE, THERE'S BEEN A LOT OF CONFUSION ABOUT THAT LETTER.
AND THE DISCUSSION WE HAVE HAD HERE TODAY HAS BEEN THAT SOME OF THE FOLKS ARE COMFORTABLE GOING BACK TO THE DEAL OF 15 FEET SETBACK, SIX FEET HIGH WITH LANDSCAPING, AND THE DECISION ON THE POOL TO BE DONE VIA REPLANT ZONING, WHATEVER IS NOT PURVIEW OF THIS GROUP.
AND THAT WOULD BE DONE SEPARATELY AT SOME OTHER FUTURE POINT IN TIME.
I, I THINK WE'RE GONNA HAVE TO HEAR FROM, FROM EVERYBODY TO FIND OUT.
I KNOW, AND I KNOW THAT SIDE DEALS AREN'T OUR PURVIEW.
BUT WHAT, WHAT WE SAID THAT WE WOULD DO IS WE DREW 15 FEET SETBACK, SIX FOOT FENCE WITH LANDSCAPING ON THE SURVEY.
AND IF THAT'S SOMETHING THAT THIS GROUP AND I KNOW YOU HAVE TO HEAR FROM THEM IS ACCEPTABLE FOR, WE WOULD DO THAT AND GET THAT DONE.
AND THEN, BUT TO BE CLEAR, WHAT YOU'RE SAYING IS THAT WHAT WE SAW, AND I'LL BET YOU MS. BRIDGES CAN PUT IT UP AT SOME POINT THIS MORNING WAS, UH, W WAS BASED ON A DEAL THAT IS NOT ON THE TABLE.
SO THAT DEAL IS OFF AND THAT THERE WAS CONFUSION ON BOTH SIDES ABOUT WHAT IT MEANT TO EACH PARTY.
SO WE SAID, FINE, LET'S IGNORE THAT AND LET'S TALK ABOUT WHAT WE HAVE AT HAND, OKAY.
AND SEE IF WE CAN DO A 15 FOOT SETBACK AND A SIX FOOT FENCE.
AND WE WOULD BE WILLING TO MAKE THAT COMPROMISE VERSUS A 10 FOOT SETBACK.
AND SOME OF THE PEOPLE HERE WOULD BE COMFORTABLE DOING THAT.
SO I KNOW YOU HAVE TO HEAR FROM THEM.
BUT THAT'S WHAT'S ON THE TABLE FOR US.
AND IF THAT'S NOT ON THE TABLE, THEN WE WOULD MAINTAIN OUR REQUEST TO GET A 10 FOOT SETBACK AND A SIX FOOT FENCE.
I, I'M JUST GONNA ASSUME WE'RE HERE FOR THE APPLICATION YOU MADE BECAUSE YES.
UNLESS YOU CHANGE YOUR APPLICATION THAT THAT'S WHAT WE'RE HERE FOR.
WELL, IF, IF THEY ALL, THAT'S UP TO YOU.
IF THEY ALL, WE CAN ONLY HEAR AN APPLICATION.
IF YOU JUST, YOU KNOW, THAT'S FOR YOU.
SO HOW WOULD THERE BE A WAY TO CHANGE THE APPLICATION TODAY WITHOUT HAVING TO COME BACK? MS. DUNN? IT'S CERTAINLY SOMETHING WE'VE DONE BEFORE, BUT I, I LEAVE IT TO STAFF.
I MEAN, WE'RE INTO A LOT OF IFS THAT MAYBE WE SHOULD JUST CROSS THIS BRIDGE LATER.
BUT NO, HE WOULD HAVE TO RE ADVERTISE BECAUSE OF THE DIFFERENCE IN THE HEIGHT REQUIREMENTS.
NO, THE HEIGHT WOULD BE THE SAME.
IT STILL BE A SIX FOOT FENCE IN THE PAST.
WHAT WE'VE SAID IS THAT, THAT THE, IF THE APPLICANT WANTS TO CHANGE TO SOMETHING THAT IS LESS AGGRESSIVE THAN WHAT WE'VE NOTICED MM-HMM.
SO HE'S STAYING AT THE, I DON'T KNOW WHAT, WHAT HE'S ASKING, WHAT, WHAT I WAS SAYING IS THAT THE, THE, THE CURRENT REQUEST IS FOR SIX FOOT FENCE, 10 FEET OFF THE CURB.
WHAT THIS NEW REQUEST WOULD BE IF WE GO THERE WOULD BE A SIX FOOT FENCE, 15 FEET BACK FROM THE CURB.
SO YOUR HEIGHT IS NOT CHANGING, JUST YOUR SETBACKS.
OKAY, GUYS, LET'S, LET'S, UH, FOCUS ON THE APPLICATION WE HAVE.
IF YOU CHANGE IT, WE'LL FIGURE, BUT THE ONE THING I KNOW WE CAN'T DO IS NEGOTIATE.
[02:40:02]
UH, SO I DON'T WANT US TO GET INTO BACK AND FORTH WITH US.SO, SO WE KEEP INTERRUPTING YOU IF YOU ARE, IF YOU'D LIKE TO THAT, THAT'S WHAT I HAD TO SAY.
I I JUST REAFFIRM WHAT STEVE SAID.
WE THINK THIS IS A MATTER OF PRIVACY.
ONE OF OUR NEIGHBORS WHO UNFORTUNATELY IS IN THAILAND AND CANNOT BE HERE, WAS VERY CONCERNED ABOUT A SIX FOOT FENCE BECAUSE SHE HAS SMALL CHILDREN.
SO, YOU KNOW THAT, WE JUST THINK THAT'S WHAT'S PRUDENT WITH DOGS AND COYOTES.
WHO WOULD BE HAPPY TO JUMP? A SIX, A FOUR FOOT FENCE? YES.
MY QUESTION IS, YOU MENTIONED YOUR NEXT DOOR NEIGHBOR.
THEY HAVE A SIX FOOT FENCE ALONG BROOKSHIRE CIRCLE.
ACTUALLY, IT'S A FOUR FOOT FENCE.
SEEMS TO ME WHEN WE SAW THAT VIDEO, AND I ASKED IF THAT WAS THE ADJOINING PROPERTY AND IT LOOKED HIGHER THAN FOUR FEET.
DOES ANYONE RECALL THAT? YEAH.
THE, LET ME CLARIFY THAT FOR YOU TO MAKE IT EASY.
THE NEIGHBOR ORIGINALLY PUT UP A SIX FOOT FENCE WHEN THEY WERE, WHEN THEY RECEIVED COMPLAINTS, THEY THEN CUT THE FENCE DOWN TO FOUR FEET.
WHAT PROB IT MIGHT HAVE BEEN SIX FEET WHEN THE FILMS WERE TAKEN, BUT IT'S NOW A FOUR FOOT FENCE.
I WILL LET YOU KNOW THAT ONE OF THE MOST HEATED DEBATES I'VE EVER BEEN A PART OF ON THIS BOARD WAS ABOUT WHOSE KIDS COULD JUMP.
I WANT YOU TO KNOW, WE START GETTING INTO WHO CAN JUMP, WHAT IT GETS DANGEROUS.
ARE THERE FURTHER QUESTIONS? THANK YOU.
ARE THERE OTHER SPEAKERS IN FAVOR? SEEING NONE, UH, SPEAKERS IN OPPOSITION.
YOU GUYS HAVE A TOTAL OF 15 MINUTES.
I WOULD REALLY APPRECIATE IT IF YOU'D, UH, USE IT.
WELL, UM, IF YOU END UP NEEDING MORE, WE'LL GIVE BOTH SIDES EXTRA TIME.
BUT, UM, OTHERWISE WE CAN JUST GIVE EVERYBODY THREE MINUTES AND, AND WE'LL HAVE AS MANY PEOPLE SPEAK AS WANT TO.
SO SPEAKERS, UH, SPEAKERS IN OPPOSITION, PLEASE.
IF AS LONG AS YOU'VE BEEN, WE'RE GONNA AGREE TO 10 MINUTES TOTAL FOR ALL OF US, BUT THAT'S FINE.
SO I, YOU'RE SWORN IN IF YOU'LL JUST, UH, AGAIN, SAY YOUR NAME AND YOUR ADDRESS.
MY ADDRESS IS 12 2 47 MONTEGO PLAZA, DALLAS, TEXAS 75,230.
MY DAUGHTER, JENNIFER LAVENDER, OWNS 71 27 BROOKSHIRE CIRCLE, WHICH IS DIRECTLY ACROSS THE STREET FROM THE TWO HOUSES THAT WERE FLIPPED.
UH, LITTLE, SHE'S A, THE, THE SUBJECT PROPERTY IS A LITTLE BIT TO THE WEST.
UM, THE MAP THAT WAS SHOWN EARLIER, AND I DON'T WANT THIS TO BE PART OF MY TIME, UH, WAS EXACTLY WRONG.
AND OUR ADDRESS HAS BEEN SAID AT LEAST FOUR TIMES AS BEING IN SUPPORT OF THIS APPLICATION.
HER ADDRESS IS 71 27 BROOKSHIRE CIRCLE.
AND IT IS, I DON'T KNOW WHERE THIS IN MISINFORMATION IS COMING FROM, BUT I WANNA CLARIFY THAT.
WE DID, WE ATTENDED BY ZOOM LAST TIME.
SO WE HAVE SOME QUESTION AS TO WHETHER 71 27.
YES, YOU NEED THAT NEEDS TO BE CLARIFIED, PLEASE.
THESE PEOPLE HAVE BEEN THROUGH A LOT.
MY DAUGHTER MOVED TO A HOUSE HALF THE SIZE AND RENTED OUT THE HOUSE ON BERKSHIRE CIRCLE.
UH, SHE INTENDS TO MOVE BACK AS SOON AS SHE'S ABLE, BUT, UH, SHE'S STILL IN LITIGATION WITH THE INSURANCE COMPANY.
UH, AND I MUST ADDRESS THE FISHBOWL COMMENT.
I AM THE ONE WHO SUBMITTED THE PICTURES THAT SHOW THE PICTURE OF THE FENCES.
AND I DIDN'T BRING MY PHONE UP HERE WITH ME, BUT YOU HAVE COPIES OF MY PHOTOGRAPHS THAT I S GAVE YOU LAST MONTH.
AND IT SHOWS THAT WITH A FOUR FOOT FENCE, YOU CAN ONLY SEE THE UPPER STORY, HALF OF, OF UPPER STORY WINDOW AND THE ROOF LINE OF THE HOUSES ACROSS THE STREET.
YOU COULD NOT SEE A POOL AND YOU WOULD NOT BE ABLE TO SEE INTO DOWNSTAIRS WINDOWS.
[02:45:01]
I'LL MOVE ON RATHER THAN WASTE TIME.UM, I HAVE A LOT OF EXPERIENCE WITH THE CITY.
I'VE ALWAYS FOUND THEM TO BE EXTREMELY PROFESSIONAL, VERY FAIR, AND OFTEN VERY COMPASSIONATE.
UM, I HAVE, SO I HOPE THAT, UH, YOU ALL CAN ALLOW BROOKSHIRE CIRCLE TO BE PART OF THE STATELY AND LOVELY NEIGHBORHOOD THAT BROOKSHIRE DRIVE IS PART OF, AND NOT HAVE BROOKSHIRE CIRCLE.
BASICALLY BE LOOKING AT WHAT APPEARS TO BE THE BACKSIDE OF AN ALLEY.
UM, THE, THERE WAS NO 200 FOOT NOTICE TO PROPERTY OWNERS REGARDING THE FLIPPING OF THE LOTS, UH, AND THE POOL PERMIT.
WAS YOU, I NEED TO INTERRUPT YOU FOR IT COULD BE FOR ON MY TIME.
ON OUR NOTIFICATION LIST, WE HAVE 2 71 20 SEVENS, 71 27 BERKSHIRE SERVICE, 71 27 BROOKSHIRE CIRCLE.
THAT'S THE NEW 72 17 IS THE ADDRESS OF THE NEW I UNDERSTAND MY MISTAKE.
YEAH, IT'S EXTREMELY CONFUSING.
UM, SO I, I WOULD HOPE THAT, THAT THE BOARD WILL REDRESS SOME OF THE LAPSES IN OMISSIONS THAT HAVE OCCURRED IN PREVIOUS PROCEDURES REGARDING THESE PROPERTIES HAVING TO DO WITH PERHAPS THE APPROPRIATE REQUIRED NOTICE TO H HOMEOWNERS REGARDING, UH, PERMITS AND SUCH.
UM, I AGREE WITH, UH, WHATEVER THE, UH, MAJORITY OF THIS OPPOSITION AGREES TO.
HOWEVER THEY HAVE REQUESTED, UH, WIRE FENCING, WHICH IS PART OF THE DEED RESTRICTIONS.
AND OH, I KNOW ONE OTHER THING.
UH, THE PROPERTIES ON BROOKSHIRE CIRCLE THAT ARE ACROSS THE STREET, MY DAUGHTER'S HOME, THERE IS A LAKE, THERE IS AN ENTIRE, PROBABLY THREE QUARTER ACRE LOT THAT FACES ROYAL LANE.
THE BROOKSHIRE CIRCLE HOUSES ARE AT LEAST A THOUSAND FEET FROM ROYAL LANE.
UH, THERE'S, THERE'S NO EQUIVALENCY TO A BACKYARD FENCE THAT OR AN EXCEPTION WHEN YOU ARE TALKING ABOUT ROYAL LANE OR HILLCREST AS THE ADJACENT STREET.
SO THERE'S, I'M NOT MAKING SENSE ANYMORE.
ARE THERE, ARE THERE ANY QUESTIONS? ALL RIGHT.
HI, MY NAME IS SARAH LA BARBA AND I LIVE AT 71 21 BROOKSHIRE CIRCLE, DALLAS, TEXAS 75,230.
UM, I WANTED TO MAKE SURE THAT YOU ALL HAVE SEEN THE VIDEO THAT I SUBMITTED WITH MY LETTER, UM, OF ME WRITING A SCOOTER
I HAVE NOT, I, UM, SENT IT WITH MY EMAIL ON FRIDAY.
UM, WELL, I HAVE IT ON MY IPAD, IF THAT IS, I MEAN, I CAN YES.
IF YOU'VE GOT IT, WE'D LIKE TO SEE IT.
IF YOU CAN DO IT, IT'S VERY, YEAH, IT, IT HELPS, UM, ILLUSTRATE WHAT THE APPLICANT IS TRYING TO DO BECAUSE THERE IS ALREADY A FOUR FOOT FENCE.
UM, HOW AM I WHAT DO YOU MEAN YOU'RE, THAT WAS HER MOM.
UM, I'M SORRY, I DIDN'T GET YOUR NAME AND YOUR ADDRESS.
SARAH LAB BARBA 71 21 BERKSHIRE CIRCLE.
OH, UM, MOM, WHAT AM I? IT'S NOT OKAY.
SO I CAN, YOU CAN FIGURE THAT OUT WITH THE VIDEO.
UM, I HAVE LIVED ON BROOKSHIRE CIRCLE MY ENTIRE LIFE.
I GREW UP HERE WITH FELLOW KIDS IN THE NEIGHBORHOOD.
I PLAYED IN THE STREET, I RODE MY BIKES, I DID ALL SORTS OF THINGS IN THE STREET
[02:50:01]
WHEN THE HOUSES WERE REORIENT OR ORIENTED FACING MY HOUSE.UM, I CURRENTLY AM FIVE FOOT 10.
I AM A TALL PERSON, AND WITH THE FOUR FOOT FENCE AND THE NEIGHBORING PROPERTY TO THE APPLICANT, YOU ARE UNABLE TO SEE ME DUE TO THE SLOPE OF THE STREET.
UM, I, YOU CAN BARELY SEE A FEDEX TRUCK.
AND THERE, THERE ARE PICTURES THAT WERE ALSO SUBMITTED IN MY EMAIL, UM, WHERE YOU CAN SEE THE TIPITY TOP OF THE FEDEX TRUCK.
I JUST WANNA REITERATE THAT A SIX FOOT FENCE ON THIS STREET WOULD, FOR A KID, IT'S JUST, YOU WOULD NEVER BE ABLE TO SEE THEM.
AND THERE COULD BE THOUSANDS OF ACCIDENTS WITHIN THIS.
AND IT'S JUST THAT, IT'S JUST, UM, SORRY.
UM, MY VIDEO WOULD BE GREAT FOR RIGHT NOW.
WE, WE DO HAVE THE ABILITY TO, TO SEE YOUR VIDEO.
I'M TOLD AND WE'D LIKE TO, SO, OKAY.
HOW ABOUT WE, OKAY, LET, THIS IS, THIS IS LA BARBARA.
SO IS YOUR GENERAL CONCERN OR PRIMARY CONCERN WITH THE HEIGHT OF THE FENCE OR THE SETBACK? UM, WOULD BE THE LOCATION OF THE FENCE? BOTH.
BOTH FROM THE STREET OR, OKAY.
UM, I, I BELIEVE THAT IT SHOULD BE A ROD IRON FENCE.
AND IT'S NOT, IT'S NOT THAT ALL OF US WANNA BE LOOKING INTO THE APPLICANT'S BACKYARDS, ESPECIALLY LIKE WE ALL UNDERSTAND PRIVACY, BUT WE ALSO UNDERSTAND SAFETY.
AND THIS IS NOT SAFE TO EVEN HAVE A FOUR FOOT SOLID WOOD FENCE ON BROOKSHIRE'S CIRCLE, UH, COMPLETELY COVERING THE ENTIRE STREET.
IT WOULD BE A, A GRAVE MISTAKE TO GRANT THIS.
SHE SAID SHE HASN'T, WHEN DID YOU SUBMIT THIS? UM, WHEN I SUBMITTED MY LETTER, UH UH, WHICH WAS I THINK ON FRIDAY.
SO I'M GONNA ASSUME WE WOULD'VE SEEN THIS IN THE BRIEFING IN TERMS OF HER TIME.
SO YOU CAN SEE THE FOUR FOOT FENCE AND THE SLOPE DOWN, AND YOU DO NOT SEE ME UNTIL RIGHT THERE.
AND THERE ARE CHILDREN WHO LIVE ON THIS STREET, AND THEY DO PLAY IN THE ROAD, THEY DO RIDE THEIR BIKES.
AND THIS IS A HUGE SAFETY ISSUE.
I, AND LIKE I SAID, I AM FIVE FOOT 10.
I AM TALLER THAN ANYONE WHO WOULD BE PLAYING OUT IN THE STREET.
AND YOU CAN SEE ME THAT QUICK.
I MEAN THAT LATE IN THE GAME, YOU CANNOT SEE MY FACE.
SO WHEN YOU SAY HOW MUCH DOES TWO FEET MATTER? IT MATTERS A TON BECAUSE YOU CAN SEE HOW LITTLE TIME THERE IS TO REACT WHEN A CAR IS COMING, WHEN THERE'S SOMEONE IN THE ROAD.
AND I WALK MY DOG, I WALK ALL THE TIME, AND I WOULD NOT FEEL SAFE DOING THAT ANYMORE, ESPECIALLY WITH THE SIX FOOT FENCE.
ARE THERE QUESTIONS? THAT VIDEO NEEDS TO MAKE IT INTO THE RECORD SO YOU HAVE IT.
WELL IT'S IN THE RECORD ONE WAY OR THE OTHER, RIGHT? YEAH.
ARE THERE OTHER SPEAKERS IN OPPOSITION? GOOD AFTERNOON.
I LIVE AT 71 47 BROOKSHIRE CIRCLE.
UH, IN THAT VIDEO, UM, THE DIRECTION THAT SHE'S COMING FROM MY HOUSE IS AT LAST HOUSE, UH, THERE ON THE OPPOSITE WHERE THAT FOUR FOOT FENCE IS NOW.
UM, THIS WEEKEND WE'RE GONNA GO BY MY SON EAZY, WHO'S SIX, HIS FIRST BIG BOY BIKE.
UM, AND UH, AS YOU CAN SAW FROM THAT VIDEO, UM, IT'S VERY CONCERNING TO HAVE HIM RIDING HIS BIKE DOWN THAT STREET, UM, AND HAVE NO ONE BE ABLE TO SEE HIM.
SO I THINK, YOU KNOW, THE POINT ISN'T REALLY ABOUT TWO FEET, IT'S ABOUT HOW DANGEROUS HAVING THAT, UM, FENCE AT SIX FEET REALLY IS.
SO IT ISN'T ABOUT THE TWO FEET AS MUCH AS MR. LAKEN WOULD LIKE TO MAKE IT, ABOUT THE TWO FEET.
UM, I THINK, YOU KNOW, THIS REQUEST, UM, ISN'T ABOUT THE TWO FEET, IT SEEMS TO BE ABOUT, UM, I'D RATHER ASK FOR FORGIVENESS THAN PERMISSION BECAUSE I THINK A LOT OF THESE THINGS, UM, PRIOR TO DOING ALL OF THIS, AS YOU SAW FROM THE NEIGHBOR'S HOUSE, THEY BUILT A SIX FOOT FENCE.
BUT IT WASN'T UNTIL SOMEONE SAID SOMETHING THAT THEY TOOK IT DOWN.
AND SO I THINK, UM, WHAT WE'RE
[02:55:01]
ASKING IS THAT, YOU KNOW, THAT THIS EXCEPTION IS NOT GRANTED, UM, BECAUSE OF THE SAFETY CONCERNS, UM, THAT THIS REQUEST IS NOT GRANTED BECAUSE OF THE SIGNIFICANT OPPOSITION FROM THE NEIGHBORS.UM, YOU KNOW, IN THE STANDARDS EARLIER IT SAID THAT THE BOARD, UH, CAN GRANT AN EXCEPTION IF IN THEIR OPINION IT DOESN'T, UM, UH, WHAT DID IT SAY HERE EXACTLY? YOU GUYS HAVE IT, BUT CONVERSELY AFFECT NEIGHBORING PROPERTIES.
WE, WE, UH, THE REST OF US NEIGHBORS HERE, UM, YOU KNOW, WE'RE, WE'RE OBVIOUSLY HERE BECAUSE WE DO FEEL THAT IT WILL ADVERSELY AFFECT, UM, NOT JUST, YOU KNOW, PROPERTY VALUES, WHICH EVERYONE CARES ABOUT, BUT IT REALLY AFFECTS, UM, THE, THE SAFETY OF THE NEIGHBORHOOD.
UH, AND SO I THINK THAT'S WHAT'S REALLY, UM, AT PLAY TODAY.
UH, SO, UH, ON THE PHOTOS OF GATES IN THE NEIGHBORHOOD, I FOUND IT INTERESTING THAT, UM, THERE WAS NO PHOTO OF, OF MY GATE.
I HAVE ALMOST THREE-FOURTHS, YOU KNOW, FRONTAGE AS WELL.
SO I HAVE THREE FRONT YARDS, IF YOU MIGHT SAY.
UM, AND, UH, I DON'T HAVE A SIX FOOT SOLID WOODEN FENCE ALL AROUND MY HOUSE.
UM, AND I FEEL LIKE THERE'S SUFFICIENT PRIVACY BECAUSE I HAVE AN IRON GATE AND LANDSCAPING.
UM, AND SO I THINK THAT'S ALWAYS AN OPTION AS WELL.
UM, AND I HAVE A POOL, UH, AND SO, UM, TAKING A PHOTO OF A PROPERTY THAT'S A THOUSAND FEET AWAY AND NOT ONE THAT'S 250 FEET AWAY, UM, KIND OF TELLS YOU SOMETHING AS WELL NOW.
ARE THERE QUESTIONS MR. SLADE? UH, I'M SO SORRY.
JUST TO CLARIFY, WOULD YOU MIND SAYING YOUR ADDRESS ONE MORE TIME? CUZ I'M TRYING TO PLACE IT ON THE LITTLE MAP WE'VE GOT.
SO THERE WAS A, THERE WAS A CIRCLE ON IT IN THAT FIRST MAP THAT HAD THE STARS IN THE CIRCLES.
MINE WAS A CIRCLE ON THE FAR RIGHT.
SO MINE IS OPPOSITE, UH, THE HOUSE WITH THE FOUR FOOT FENCE.
ARE THERE OTHER SPEAKERS IN OPPOSITION? THANK Y'ALL FOR TAKING TIME TO HAVE US COME UP HERE AND SPEAK.
I JUST WISH THIS WOULD'VE HAPPENED A COUPLE YEARS AGO TO TALK ABOUT.
THANK YOU FOR THE YEAH, PLEASE.
JASON LEBAR 71 21 BROOKSHIRE CIRCLE, 71 21 CIRCLE.
AND I WOULD LIKE TO DISPERSE A PACKET TO COMMITTEE.
AND IN THE PACKET YOU'LL SEE THAT THE PEOPLE THAT ARE AFFECTED THE MOST BY THIS FENCE ARE ALL IN OPPOSITION OF IT.
SO WE HAVE ALREADY WAIVED OUR, OUR, UH, DOCUMENT.
WE'VE ALREADY THE EVIDENCE, I ASSUME WE DON'T HAVE TO DO IT AGAIN.
THERE SHOULD BE SEVEN COPIES WHILE WE'RE WAITING.
THANK YOU FOR COMING DOWN HERE, ALL OF YOU.
AND THANK YOU FOR MAKING SEVEN COPIES.
UM, MS. WILLIAMS, IS THIS SOMETHING THAT HAS BEEN DISTRIBUTED VIA EMAIL OR, UM, AND I ALREADY HAVE IT OR NO, SIR.
UH, DO YOU HAVE IT DIGITALLY SO THAT MR. SINGTON CAN HAVE IT OR WE NEED TO FIND A WAY TO, LET ME TALK TO MY CONSULTING, UH, COMPUTER EXPERT, SARAH.
UH, I BELIEVE, UH, JJ BARTOW SUBMITTED IT ELECTRONICALLY, WHAT THE MAJORITY OF WHAT'S THERE.
AND THEN WE ALSO HAVE BACKUP THAT HAS THE LETTERS FROM EACH AND EVERY PERSON ON BROOKSHIRE'S CIRCLE THAT SAYS, IN OPPOSITION TO THIS PROPOSED MOTION, TRYING TO FIGURE OUT HOW TO GET IT TO MR. SINGTON.
IF HE WAS, IF IT WAS PRESENTED BY MR. BARTO, THEN, THEN YOU SHOULD HAVE IT BECAUSE EVERYTHING WAS FORWARDED TO YOU ALL.
SO WE, THEY ALSO HAVE INCORRECT INFORMATION ABOUT JOE GIDA BEING IN FAVOR.
SHE WAS NOT IN, SHE'S NOT IN FAVOR.
AND SHE SUBMITTED A LETTER CORRECTING THAT.
THEY KIND OF CONFUSED HER ABOUT WANTING A FENCE FOR THE DOGS OR SOMETHING.
AND SHE, UH, YOU, I KNOW SHE RECEIVED RECORD BACK THAT YOU RECEIVED HER LETTER.
AND IN THAT GRAPHIC, JUST TO KIND OF MAKE IT, HOPEFULLY MAKE IT MAKE SENSE, IS ALL THOSE IN RED ARE THE PEOPLE WHO WILL FACE SAID FENCES AND ALL IN OPPOSITION AND ON EXACTLY THAT.
[03:00:01]
UH, WHICH GRAPHIC? UH, THAT IT'S THE, THE VERY FIRST TOP GRAPHIC.THIS THE TOP GRAPHIC WITH RED TOP.
AND YOU ARE IN THIS TOP GRAPHIC, WHICH NUMBER? YES, SIR.
I'M 71 20, UH, ONE BROOKSHIRE CIRCLE.
I'M THE ONE WHO FACES DIRECTLY ACROSS FROM THE PLAINTIFF'S.
SO NUMBER FIVE, FOUR OR FOUR OR FIVE.
I'M NOT SURE EXACTLY WHICH ONE.
CHAIR AGNIS, COULD YOU PUT THAT UP TO YOUR, UM, SCREEN SO THAT I CAN JUST MAKE SURE I HAVE WHAT YOU'RE LOOKING AT? YEAH, I KNOW WE, WE DON'T HAVE THIS, SO IF YOU CAN FIND A WAY TO SHOW MR. SINGTON YEAH, I DON'T HAVE THAT, THAT'S PAGES.
I DON'T KNOW IF I CAN HOLD THIS UP FOREVER, BUT I REALLY WOULD LIKE YOU TO HAVE IT.
SO, UM, AGAIN, I'D LIKE TO START BY SAYING WE WISH WE WERE ABLE TO HAVE HAD THIS CONVERSATION SEVERAL YEARS AGO WHEN THE LOTS WERE FLIPPED BY MR. KFO, WHO IS THE STEWARD OF THE LAND.
HE'S THE DEVELOPER WHO SPECIALIZES IN DEVELOPING DISTRESSED PROPERTIES.
UH, IT WAS HIS IDEA TO BUY THE PROPERTIES.
HE BOUGHT 'EM, HE HIRED THE BUILDER.
UM, HE OBVIOUSLY KNEW WHAT THE REZONING RESTRICTIONS WERE FOR US.
WE NEVER GOT A SAY IN WHETHER THESE LOTS WERE GONNA GET FLIPPED OR WHAT THE REPERCUSSIONS WERE.
UNFORTUNATELY, NOW IS THE TIME FOR US TO BE ABLE TO SPEAK UP BECAUSE WE DIDN'T HAVE THAT VOICE BEFORE.
YOU KNOW, THERE'S, THERE'S THREE THINGS THAT REALLY, UH, AFFECT THIS THING.
YOU KNOW, UH, THE PROSPERITY OF THE LOTS, YOU KNOW, WHAT ARE THEY GONNA BE WORTH? WHATNOT.
THAT'S REALLY ALL OF US IN THIS NEIGHBORHOOD.
THE MONEY THAT IS GOING TO MAKE A DIFFERENCE ONE WAY OR ANOTHER IS, IS, IS SUBSTANTIAL, BUT IT'S NOT THE END OF THE WORLD.
BUT WHAT WE CAN'T GET PAST REALLY IS, IS THE SAFETY IN WHICH, UH, OUR NEIGHBORHOOD WILL BE VULNERABLE TO.
UH, YOU'VE HEARD FROM MY DAUGHTER, YOU'VE HEARD FROM, UH, MR. SPENCER ABOUT, UH, ALL THE KIDS THAT WILL IN THE NEIGHBORHOOD WILL BE IN THE NEIGHBORHOOD.
UM, YOU HAVE A, I THINK IT'S APPROXIMATELY 12 TO 15 FOOT TOPOGRAPHY DIFFERENCE FROM, FROM WHERE OUR LOT SITS TO WHERE THE BOTTOM OF THEIR LOT IS.
AND WHEN YOU HAVE A 180 DEGREE, UH, U-TURN WITH THAT KIND OF TOPOGRAPHY, AS YOU CAN SEE AT THE VIDEO, UM, IT MAKES IT VERY DANGEROUS.
15, 20 YEARS AGO, IT MIGHT NOT HAVE BEEN OF A BIG OF A DEAL, BUT WITH FEDEX TRUCKS AND AMAZON TRUCKS COMING, RUNNING THROUGH THEIR NEIGHBORHOOD, UM, TRASH TRUCKS, EVERYBODY'S TRASH IS OUT IN THE MIDDLE OF THE STREET.
IT'S GONNA CREATE A LOT OF ISSUES.
UNF UNFORTUNATELY IN THE LAST 19 YEARS, WE HAVE HAD A FEW ISSUES ON THAT STREET WITHOUT ANY OF THESE PROBLEMS. SO WITH THE FENCE, IT'S REALLY ONLY GETTING MAGNIFIED.
UM, MR. SPENCER ACTUALLY, IF, I DON'T THINK WE HAVE ANY PHOTOS, BUT MR. SPENCER WITH HIS LOTS VERY SIMILAR TO THEIRS.
HE HAS A RIGHT IRON FENCE, HE HAS PRIVACY, HE HAS PUT THE MONEY INTO BUSHES AND OTHER THINGS TO MAKE HIS PROPERTY LOOK BEAUTIFUL.
WHAT WE WOULD PREFER NOT TO DO IS, IS LOOK AT A FENCE, UM, WITHOUT SOME KIND OF GREENERY AND SHRUBBERY AND, AND THINGS TO MAKE IT LOOK LIKE THE NEIGHBORHOOD.
KINDA LIKE GREENWAY PARKS, THAT'S WHAT WE WOULD EXPECT AS NEIGHBORS.
WE WERE NEVER ASKED A TO ABOUT FLIPPING THESE LIGHTS OR COMING TO TALK TO US ABOUT, UM, THEIR THOUGHTS ON WHAT IT WOULD LOOK LIKE OR WHAT IT WOULD DO TO THE NEIGHBORHOOD.
UM, MR. CAFOD AND THE OTHER, UM, PEOPLE THAT LIVE ON THE ISLAND AREN'T FROM THERE.
THEY DIDN'T KNOW, UH, YOU KNOW, WHAT OUR THOUGHTS AND, AND MIGHT BE ON WHAT KIND OF HOUSE WE'D LIKE TO SEE OR WHAT KIND OF NEIGHBORHOOD THEY'RE MOVING INTO.
AND TO REALIZE THAT, YOU KNOW, WE WOULD LIKE TO HAVE AS MUCH GREEN SPACE AS POSSIBLE.
AND ONE OF THE REASONS WHY WE ALL LIVED IN THIS NEIGHBORHOOD IS CUZ WE DIDN'T HAVE FENCES.
AND THE TWO LOTS THAT ARE IN QUESTION RIGHT NOW, THEY BOTH HAD POOLS.
THEY BOTH HAD A FOREFOOT TRANSMISSIVE FENCE.
THEY ALL HAD BUSH BUSHES TO HIDE THE POOLS.
AND REALLY, IF YOU, IF YOU LOOKED AT A A GOOGLE EARTH, YOU WOULD ONLY KNOW THAT THOSE TWO PROPERTIES BEFORE THE TORNADO HAD A POOL BY LOOKING AT GOOGLE EARTH.
IF YOU DROVE BY THE TWO LOTS, YOU WOULD NEVER KNOW THAT THERE WERE POOLS THERE.
WE HAVE BEEN THREATENED BY MR. CAFOD AND HIS WIFE TO, IF WE DON'T AGREE TO THEIR TERMS, THEY'RE GONNA TAKE THE ALLEYWAY IN WHICH WE'RE ABOUT TO HAVE AND TAKE OUT THEIR GRASS AND PUT OUT A GRAVEL LOT.
IF WE DO NOT CONFORM, SIGN OFF ON THEIR CONFORMITIES.
UH, MS. SUE GUESS HAS ASKED THEM TO COME OVER TO TRY TO TALK ABOUT THIS AS THE GROUP SUGGESTED THAT WE DO
[03:05:01]
LAST MONTH, UM, MS GUESS WENT AND BOUGHT, UH, WINE AND FOOD TO HAVE A DISCUSSION AND THE CAFOS CALLED IT OFF AT THE LAST MINUTE.CITING WELL, I'LL LET THEM SPEAK FOR THAT.
UM, WE ALSO BELIEVE THAT PART OF THEIR DEAL IS, IS THAT WHEN THEY SEE THE SIGNED, UH, UH, OR THE ATTEMPT AT GETTING AN AGREEMENT WITH US, UM, WE WERE IN TALKS TO TRY TO DO SOMETHING TO COME TO A COMPROMISE.
BUT WE CANNOT HAVE ONE FENCE, 10 FEET OFF AT FOUR FEET AND ANOTHER FENCE, 15 FEET OFF AT SIX FEET.
THAT JUST IS NOT GONNA LOOK GOOD FOR THE NEIGHBORHOOD.
AND WHAT WE'VE STEADFASTLY SAID THE WHOLE TIME IS, IS WE'D LIKE ONE FENCE, PREFERABLY ROD IRON TO MATCH THE NEIGHBORHOOD AND MATCH MR. SPENCER'S LOT.
SO WE WOULD ALL LOOK COHESIVENESS.
SO WE WOULD HAVE SOME COHESIVENESS.
UM, BUT WE KNOW THAT THEY WANNA REPLANT THIS LOT.
WE KNOW THE POOL WAS PRESENTED TO THEM ILLEGALLY.
AND UM, MY LAST COMMENT IS, IS THAT IF HE WAS SO WORRIED ABOUT THE POOL, THEY SHOULD HAVE MAYBE NOT MADE IT AS CLOSE TO THE STREET.
AND WITH THAT, I WILL, UH, THANK YOU AND IF YOU HAVE ANY COMMENTS, I'LL TAKE THOSE.
ARE THERE QUESTIONS? THANK YOU.
UH, I DON'T KNOW HOW WE'RE DOING ON TIME, MS. WILLIAMS. OH, WELL, ARE THERE, ARE THERE, IS THERE ANYONE ELSE WHO, WHO? OKAY.
UH, WE'LL GIVE YOU THREE MINUTES AND ADD THREE MINUTES TO, TO THE APPLICANT'S.
THAT'S WHY YOU'LL SEE IT IS SUE WHITE, ONE OF THOSE DIDN'T CHANGE HER LAST NAME, SO IT'S 71 15 BERKSHIRE CIRCLE.
AND SO I'M DIRECTLY BEHIND THE COEDS.
UM, I WOULD LIKE TO PUT THIS IN.
I KNOW THAT THE LAST MEETING YOU GUYS SAID THAT THE, UM, DEED RESTRICTION DIDN'T MATTER AND IT WASN'T WITH THE COUNTY.
HERE'S PROOF THAT IT IS WITH THE COUNTY.
SO I WOULD LIKE TO GIVE THIS TO YOU GUYS SO YOU CAN SEE THAT.
WELL, LET ME, LET ME ASK, ALL RIGHT, I'VE GOT A COPY.
OH, NO, NO, I'M ASKING THE, THE STAFF.
WHAT, WHAT DOES THE CITY, UH, UM, RECOGNIZE WHEN THE RESEARCH WAS DONE? THERE WERE NO DEED RESTRICTIONS, UM, SIGNED BY THE CITY ATTORNEY.
UM, WELL WOULD BE MORE THAN HAPPY TO LOOK, SHE RIGHT TO RECOGNIZE IT IF IT'S, IF IT'S APPROVED BY THE CITY ATTORNEY AND IT'S THROUGH, IT'S A DALLAS, UM, CONTRACT, THEN YES, IT'S A COUNTY.
DOES THE COUNTY SUPER PROCEED? THE, WELL THE CITY OF DALLAS HAS, THE CITY OF DALLAS HAS THEIR DOCUMENTS THAT WE GIVE TO YOU OR TO THE APPLICANT.
JUST LOOK TO THE VERY LAST ONE.
AND THAT WAS WHERE EVERYONE RESIGNED IT IN THE NEIGHBORHOOD CUZ THEY WANTED TO CHANGE SOMETHING.
AND I THINK I HAVE THOSE ON FILE ALSO.
AND WE DETERMINED THAT THEY WEREN'T.
BUT I'LL GO AHEAD AND WE'LL LOOK AT THOSE.
WELL THAT ONE HAD THE, THE LAST STAMP.
SO I THOUGHT, EH, MIGHT BE IMPORTANT TO BREAK.
WOULD YOU, UH, MIND JUST GIVING US A SECOND TO LOOK AT IT? NO PROBLEM.
WOULD YOU TELL US SO I KNOW WHAT I'M LOOKING AT ON THE FIRST PAGE.
UH, WELL SHE I'M GONNA ASK HER TO WALK US THROUGH IT.
I DO YOU HAVE ANY EXTRA ONES? CAUSE I, I THINK I GAVE YOU ALL OF 'EM.
IF YOU READ THROUGH, IF YOU GO TO THE SECOND PAGE, IT'S WHERE IT'S HIGHLIGHTED ON SOME OF THE ITEMS. MM-HMM.
BUT EVEN THE FOREFOOT FENCE THAT'S SOLID NEXT DOOR DOESN'T MEET THIS DEED.
AND SO EVERYONE NEEDS TO WORK TOGETHER, FIGURE OUT A FENCE THAT MATCHES CONGRUENT AND THEN WE CAN ALL GO AND MOVE ON WITH OUR LIVES.
BUT WHEN I TALKED TO 72 25, SHE FLAT SAID, NO WAY.
SO I THINK WE'RE JUST GOT A LOT OF STRONG WILLED PEOPLE, BUT I WOULD THINK THAT THIS DEED SUPERSEDES IT.
THE ATTORNEY WILL SPEAK ON THE RECORD.
GOD KNOWS WHAT'S GONNA HAPPEN.
SO THESE DOCUMENTS WERE, UM, RECORDED AT THE COUNTY LEVEL, BUT THEY'RE NOT APPROVED BY THE CITY.
WELL, THEY'RE VALID DOCUMENTS BUT THEY'RE NOT VALID FOR PURPOSES OF WHAT YOU GUYS ARE DOING.
WHAT ARE THEY FOR? THEY'RE NOT VALID FOR THE, FROM THE STANDPOINT OF CODE ENFORCEMENT.
SO WHEN MY HOUSE WAS REBUILT, WE HAD TO REDESIGN IT BECAUSE IT WENT OVER THE BUILDING, THIS DOCUMENT AND
[03:10:01]
MY ARCHITECT HAD TO REDESIGN THE HOUSE.SO THAT WAS ALL FOR NOT, IS THAT WHAT YOU'RE TELLING ME? BECAUSE MY ARCHITECT DEFINITELY THOUGHT IT WAS HE HAD TO GO BY THIS, THAT, THAT'S A LITTLE, YOUR DEEP RESTRICTIONS ARE, I DON'T UNDERSTAND THAT.
I GUESS MR. SATCHEL, THE DEEP RESTRICTIONS, YOUR DEEP RESTRICTIONS ARE, UM, RELEVANT TO YOUR COMMUNITY.
WHAT, UM, I BELIEVE IS BEING STATED BY THE CITY ATTORNEY IS THAT, UM, AS IT RELATES TO, UM, CITY CODE AND ORDINANCE, UM, WE ARE HERE, WE ARE HERE TO, UM, ENFORCE, UM, THE DALLAS, UM, CODE, UM, UH, AS UM, AS IT RELATES TO WHAT THIS PARTICULAR APPLICATION IS BEING, IS BEING REQUESTED FOR NOT AS IT RELATES TO YOUR SPECIFIC, UH, HOMEOWNER'S ASSOCIATION DEED RESTRICTION.
SO THIS ISN'T A HOMEOWNER'S ASSOCIATION.
IT'S NOT WELL YOUR, YOUR COMMUNITY'S DE RESTRICTIONS.
SO THESE REALLY ARE WORTHLESS, IS THAT WHAT YOU'RE SAYING? NO, I'M NOT, I'M NOT GONNA COMMENT ON YOU.
I JUST WANTED Y'ALL TO HAVE THOSE IN YOUR HAND.
UM, I'M OPPOSED TO A, A SIX FOOT FENCE, 10 FEET OFF THE CURB BECAUSE OF THE THINGS I TOLD YOU LAST TIME.
THE POLICE SIT RIGHT THERE ON THAT CORNER, THEY WON'T BE ABLE TO SEE MY FRONT DOOR.
I LIVE IN MY HOUSE 80% OF THE TIME ALONE AND I WORK AND COME IN AT NIGHT.
SO I COME IN AT 10 AT NIGHT AND I DON'T WANT TO COME INTO AN ALLEY.
YOU KNOW, IF WE COULD ALL COME TO AN AGREEMENT, WOULD I THINK WOULD BE THE BEST SOLUTION.
UH, TRYING TO THINK IF THERE'S, YOU KNOW, I HELPED, I LOOKED AT THAT WITH THE VIDEO OF SARAH AND I WAS IN THE CAR AND IT SHOCKED ME AND SCARED ME CUZ I HAVE THREE GRANDKIDS THAT RIDE ON THAT STREET.
SO NOW WHAT DO I HAVE TO, I HAVE TO, YOU KNOW, HERD.
HAVE YOU EVER TRIED TO HERD CATS? A SIX, FOUR AND TWO YEAR OLD.
GOOD LUCK WITH THEM ALL ON SCOOTERS.
SO, YOU KNOW, NOW THAT'S JUST TAKEN AWAY THAT FROM MY ENTIRE FAMILY.
SO THAT'S ALL I REALLY HAVE TO SAY IS I WANTED YOU GUYS TO SEE THE DEED BECAUSE IT WAS DISMISSED LAST TIME.
AND I THINK IT'S AN IMPORTANT PART OF THIS AND THAT'S WHY WE'RE ALSO PASSIONATE ABOUT IT TOO, BESIDES THE SAFETY.
ARE THERE QUESTIONS? THANK YOU.
ARE THERE ANY OTHER SPEAKERS IN OPPOSITION? OKAY, THANK YOU.
UH, APPLICANT HAS A REBUTTAL FIVE MINUTES PLUS THREE EIGHT MINUTES.
CARL CROWLEY 2201 MAIN STREET, DALLAS, TEXAS.
UM, SOMEONE MADE A COMMENT ABOUT YOU CANNOT SEE INTO THE BACKYARD.
UM, AND THEN THE VIDEO SHOWED, UM, THE VIDEO THAT WAS SHOWN BY THE OPPOSITION SHOWS A PERSON ON A SCOOTER COMING AROUND THE NEIGHBOR'S YARD AND THE FALL ON THE NEIGHBOR'S YARD AS IT GOES AROUND THE CORNER TO, BUT THERE WASN'T A VIDEO SHOWING, UH, SOMEONE STANDING NEXT TO HER ON THE STREET LOOKING INTO THE NEIGHBOR'S BACKYARD WITH A FOUR FOOT FENCE.
SO SHORT OF SOMEONE BEING UNDER FOUR FEET IN HEIGHT, I THINK IT'S FAIR TO SAY YOU COULD SEE IN THE NEIGHBOR IN THE NEIGHBOR'S YARD OR IN OUR YARD IF IT WAS A FOUR FOOT HIGH FENCE.
I'M NOT SAYING IF YOU WERE OVER SIX FEET HIGH OR WE HAD A, I THINK MAYBE EVEN BEFORE YOUR BOARD, UH, A CASE WITH DIRK DEW WHISKEY'S HOUSE AND HE WAS SEVEN FOOT FOUR AND YOU KNOW WHAT, HE WANTED AN EIGHT FOOT FENCE, WHICH MIGHT BE APPROPRIATE FOR SOMEONE SEVEN FOOT FOUR.
UM, BUT IF SOMEONE IS SIX FEET TALL, IT'S GONNA BE DIFFICULT FOR THEM TO SEE OVER A SIX FOOT FENCE.
BUT IF THEY'RE FOUR FEET TALL AND YOU'RE ANYTHING OVER FOUR FEET HIGH, YOU CAN SEE INTO THEIR BACKYARD.
AND THAT'S ONE OF THE REASONS THEY WANT A SIX FOOT FENCE.
THE DEED RESTRICTIONS ABOUT FLIPPING THE HOUSE AND NOT ASKING FOR PERMISSION.
THEY GOT A BUILDING PERMIT TO BUILD A HOUSE.
THEY DIDN'T NEED TO ASK PERMISSION.
THERE ARE THREE FRONT YARDS THEY BUILT ONE OF THE THREE FRONT YARDS THEY COULD HAVE BUILT TO THE OTHER FRONT YARD OR THE OTHER FRONT YARD.
UM, AND DALLAS, YOU DON'T NEED TO ASK PERMISSION OF YOUR NEIGHBORS TO GET A BUILDING PERMIT IF IT'S ALLOWED.
UM, THE WHOLE IDEA OF THE POOL IS NOT IN FRONT OF Y'ALL, BUT THAT'S ALSO AN ISSUE.
UM, IF THEY WOULDN'T HAVE HAD THREE FRONT YARDS, I GUESS THEY COULD HAVE PUSHED THE POOL POOL FURTHER BACK CUZ THEY COULD HAVE MOVED THE HOUSE.
BUT THEY DON'T, THEY DO HAVE THREE YARDS.
SO, UH, THE, AND AND AGAIN, THE VIDEO SHOWN WAS THE NEIGHBOR'S FENCE, WHICH IS FIVE FEET CLOSER THAN WHAT, UH, PETER MENTIONED TO YOU AS A POSSIBLE COMPROMISE.
AND MOVE THE FENCE FIVE FEET FURTHER BACK AND RAISE IT TWO FEET.
UH, AGAIN, THEN YOU'D HAVE MORE VISIBILITY IN FRONT OF OUR FENCE VERSUS THE NEIGHBOR'S FENCE.
[03:15:01]
PERMISSION.THAT WAS A COME, I DON'T UNDERSTAND, UM, WHAT THAT IS.
THE NEIGHBORS BUILT A SIX FOOT FENCE.
WHAT FELL DOWN? EVERYONE'S OKAY.
ALRIGHT, WELL I'M NOT SURE HOW GOOD CAME THE MAG LOCK CAME OFF.
WELL, DOES THE DOOR OPEN OR, ALL RIGHT.
I DIDN'T ASK FOR PERMISSION OF THAT.
UM, BUT SOMEONE ASKED ABOUT FORGIVENESS VERSUS PERMISSION.
WELL, WE ARE HERE ASKING FOR PERMISSION.
WE'RE NOT ASKING FOR FORGIVENESS.
UM, AS, AND I'VE BEEN COMING IN FRONT OF THE BOARD FOR A LONG TIME, DECADES, AND A LOT OF PEOPLE DO COME BEFORE YOU ALL ASKING FOR FORGIVENESS, BUT WE'RE NOT, WE'RE ASKING FOR PERMISSION TO BUILD A SIX FOOT FENCE.
UM, WE'VE ASKED NOW TO BUILD A SIX FOOT FENCE, FIVE FEET FURTHER BACK.
UM, UH, THE POOL IS TOO CLOSE TO THE STREET.
WELL THE, IT WAS PERMITTED BY THE CITY.
UM, THAT'S, THAT'S AN ISSUE THAT WILL BE DECIDED BY EITHER THIS BOARD OR ANOTHER BOARD OR BY ANOTHER MECHANISM.
BUT IT'S OBVIOUSLY NOT IN FRONT OF Y'ALL TODAY.
A FENCE IN THE BACKYARD IS IF THE POOL HAD BEEN MOVED FURTHER BACK, THERE STILL WOULD'VE NEEDED TO BE A FENCE TO GO AROUND THAT POOL.
SO IT WOULD'VE JUST BEEN A FENCE.
THE POOL WOULD BE FURTHER BACK.
UM, AND THEN THE COMMENTS ABOUT DEED RESTRICTIONS.
THE DEED RESTRICTIONS ARE NOT CITY OF DALLAS DEED RESTRICTIONS.
THEY'RE NOT PUBLIC DEED RESTRICTIONS, THEY'RE PRIVATE DEED RESTRICTIONS.
THERE'S NOTHING IN THERE THAT TALKS ABOUT FENCE HEIGHTS AND THINGS OF THAT NATURE.
UM, THERE IS A DEAL THAT, UH, KEEPS BEING BROUGHT UP IN A LOT OF CONVERSATIONS ABOUT NOT BEING ABLE TO REPLANT THE PROPERTY.
YOU CAN'T REPLANT THE PROPERTY, DIVIDE THE LOTS OR MAKE THEM NARROWER.
IF WE DID THAT DIRECTION, WHICH IS NOT BEFORE YOU, WE WOULDN'T BE VIOLATING THAT.
BUT AGAIN, THE DEED RESTRICTIONS ARE ENFORCEABLE.
UM, IF SOMEBODY WANTS TO TAKE PRIVATE ACTION AND LAWSUIT, MUCH LIKE ALL PRIVATE DEED RESTRICTIONS ARE, UH, THE VERSION HERE IS A, IS AN UPDATED VERSION THAT REMOVED SOME, UH, CHANGED SOME THINGS AND REMOVED SOME THINGS THAT AREN'T ALLOWED IN DEED RESTRICTIONS FROM THE FORTIES AND FIFTIES.
AND I THINK WE KNOW WHAT SOME OF THOSE RESTRICTIONS PROBABLY WERE.
SO, UM, THAT'S, UH, MY, UH, TIME FOR REBUTTAL.
I BELIEVE WE STILL HAVE SOME MORE TIME AND I THINK PETER WANTED TO SAY SOME THINGS OR I I HAVE ONE QUESTION.
UM, JUST, JUST SO I'M HERE, THE VIDEO THAT WAS SHOWN BY MRS. LEBAR OR THE KID ON THE SCOOTER AND THE CAR COMING AROUND THE CURB, WAS THAT FENCE THE PROPERTY IN THE SUBJECT PROPERTY? NO.
IT WAS NOT THE SUBJECT PROPERTY? NO, IT WAS, IT'S THE NEIGHBOR'S.
ALL WE HAVE AROUND OUR PROPERTY IS STILL JUST A LITTLE CONSTRUCTION TYPE, YOU KNOW, THE LITTLE MESH KIND OF, WE'D HAVE CHAIN LINK FENCE FOR THE CONSTRUCTION.
WE DON'T HAVE A, WE DON'T HAVE A SOLID FENCE AROUND OUR PROPERTY.
SO THOSE ELEVATIONS AND CURVES FOR THAT PARTICULAR COMING AROUND, THAT CURVE FOR THAT IN THAT PARTICULAR SCENARIO ISN'T NECESSARILY APPLICABLE, UM, TO, TO THIS PARTICULAR PROPERTY IN QUESTION.
IT'S THE SAME AT THE BACK OF OUR PROPERTY.
THIS IS MR. CROWLEY'S QUESTION AT THE BACK OF OUR PROPERTY AT THE CIRCLE WE'RE EVEN, WE'RE LEVEL.
UM, THEN IT GOES AROUND THE CORNER AND SLOPES DOWN TO THAT.
BUT THAT'S WHERE OUR DRIVEWAY IS.
SO, SO IN THAT SENSE, IT'S NOT APPLICABLE IN MY MIND.
AND AGAIN, OUR PROPOSED NOW IS, IS AS PETER MENTIONED, WAS TO MOVE OUR PROPOSED FENCE BACK, UH, FIVE FEET FURTHER.
SO IF THEIR FENCE WAS BACK FIVE FEET FURTHER, UM, AND THEY DON'T WANNA DO IT AND I UNDERSTAND IT, THEN THAT, THEN YOU WOULD HAVE EVEN MORE VISIBILITY INVOLVED IN SEEING THE PERSON COME AROUND THE CORNER.
CUZ IT IS NOT THE HEIGHT THAT REALLY, IT'S THE, THE CLOSENESS OF THE FENCE COMING AROUND THAT CURVE.
UM, IF, IF THERE WERE A VISIBILITY TRIANGLE, IT'S NOT, IT'S NOT THE HEIGHT THAT'S SOMETHING IN THAT TRIANGLE.
IF IT'S FOUR FEET HIGH OR SIX FEET HIGH, IT'S IN THE TRIANGLE.
IN THIS CASE, UH, IT WAS FOUR FEET AND IF YOU MOVED IT BACK FIVE FEET, YOU'D HAVE MORE VISIBILITY AROUND THE CORNER.
THAT WAS THE PURPOSE OF MY QUESTION ABOUT WHETHER OR NOT, UM, THE, UH, THE, UM, THE, UM, PERSON IN OPPOSITION WAS MORE, IF THEY WERE MORE CONCERNED WITH THE, UM, WITH THE SETBACK OR THE HEIGHT.
YEAH, I, I CAN'T ANSWER WHAT THEIR CONCERN WAS.
I WAS JUST SAYING I THINK IF YOUR SETBACK FIVE FEET, YOU'D HAVE MORE VISIBILITY.
ARE THERE OTHER, MR. SLADE, A AND MR. CROWLEY, I'M CORRECT THAT THE HOMEOWNER COULD PUSH A FOUR FOOT FENCE ALL THE WAY TO THE CURB? NOT TO THE CURB, BUT TO THE PROPERTY LINE.
THE CURB, YOU KNOW, YOU, YOU KNOW HOW IT IS.
YOU, YOU, YOU, THE CITY OWNS THE,
[03:20:01]
YOU MAINTAIN, THE CITY OWNSSO THE ALTERNATIVE WOULD BE TO THAT IF THE SIX FOOT WERE NOT APPROVED AT 10 FEET IN, AT 15 FEET IN 15, THAT'S WHAT, THAT'S WHAT WE HAD.
THAT'S WHAT WE HAD OFFERED UP 15 FEET FOR SIX FEET.
I'M SORRY, I'M WORKING OFF OF THE CURRENT APPLICATION IS, YOU'RE RIGHT.
THE APPLICATION ISN'T, THE APPLICATION THAT I THINK WE'RE GONNA BE, UM, VOTING UPON IS SIX FEET TALL FENCE, 10 FEET, UH, OR SURE.
AND, UH, PERMITTED WITHIN, UH, MORE THAN 50% OPAQUE, TRUE OR FALSE? UM, WELL, IT WILL HAVE TO BE A LITTLE FURTHER BACK TO BE MORE THAN THAT OPAQUE, BUT YES, YES.
IT'D HAVE TO BE MORE THAN 50% OPEN.
IT'S, UM, WE DID NOT REQUEST 50% ONLY APPLIES TO THE FIRST FIVE FEET OF THE PROP FROM THE PROPERTY LINE.
SO I DON'T THINK THIS ONE APPLIES.
CAUSE THIS IS JUST THE ONE REQUEST.
UH, FIVE BE ONE INCH, BUT YEAH.
MR. SLADE, DID THAT ANSWER YOUR QUESTION? IT DID, IT DID.
ARE THERE OTHER QUESTIONS FOR MR. CROWLEY? UM, MR. SASHA JUST, I DON'T KNOW IF IT'S A QUESTION OR, UM, MAYBE A STATEMENT.
UM, SO A FOUR FOOT FENCE WITH SHRUBBERY, UM, FOR PRIVACY IN ADDITION TO THE, UM, 50% OPACITY, WOULD THAT NOT BE, IS, IS THAT NOT CONSIDERABLE FOR THE APPLICANT? IS THAT NOT SOMETHING THAT THE APPLICANT IS WILLING TO CONSIDER, UM, THE OPACITY WITH SOME SHRUBBERY FOR PRIVACY? I'LL, I'LL HAVE TO LET HIM ANSWER THAT, BUT I, I YOU, YOU'RE SAYING FOUR FEET WITH SHRUBS, UM, VERSUS BE IT OPEN WR IRON OR SOMETHING VERSUS FOUR FOOT SOLID OR SIX FOOT SOLID WITH SHRUBS.
MR. SING, REMEMBER SIX FOOT YOU'RE ASKING FOR, WE'RE NOT NEGOTIATING, RIGHT? NO
SO DO YOU WANNA RESTATE YOUR QUESTION?
UH, I CAN DO ANYTHING, UM, AT THE PROPERTY LINE.
RIGHT? IF I WANT IT TO BE 51% SOLID, I'LL SAY, UM, I HAVE TO BE FIVE FEET, ONE INCH BACK.
UM, AND SHRUBS CAN GO, SHRUBS CAN GO AS LONG AS THEY'RE NOT IN THE VISIBILITY TRIANGLE, THERE'S NO TRIANGLES THERE CUZ YOU HAVE NO CORNERS, NO SHRUBS COULD GO WELL, YOU CAN PUT 'EM WHEREVER YOU WANT TO, EVEN ON CITY PROPERTY, AS LONG AS THEY'RE NOT IN EASEMENTS AND STUFF.
I, I, I, YOU KNOW, IT'S NOT A QUESTION REALLY.
IT SEEMS LIKE, YOU KNOW, THERE'S, THERE COULD BE A WAY THAT THE TWO PARTIES COULD HAVE WORKED TOGETHER TO COME UP WITH A WORKABLE SOLUTION.
THIS IS THE SECOND TIME FOR, FOR THE BO BOARD ON THIS ONE.
UM, I THINK I THINK OF FOUR FOOT FENCE, UM, WITH SHRUBBERY FOR PRIVACY IS SUFFICIENT.
BUT THAT SEEMS LIKE SOMETHING THAT COULD HAVE BEEN WORKED OUT AND OUR OPINIONS ON THAT ARE NOT PART OF OUR STANDARD DIRECTLY.
UH, VICE AGNES, CAN I ASK? YES, SIR.
ASK MR. CROWLEY ANOTHER QUESTION.
MR. UH, MR. CROWLEY, I IMAGINE YOU'VE GONE THROUGH THE NEIGHBORHOOD MORE BROADLY.
OBVIOUSLY WE KNOW THAT, UM, EVERYONE ON THE CIRCLE, UM, IS OPPOSED, OUR STANDARD, OF COURSE, IS WHETHER IT ADVERSELY AFFECTS NEIGHBORING PROPERTY, AND THAT'S NOT JUST LIMITED TO THE HOMES WITHIN THE IMMEDIATE NOTIFICATION ZONE.
UM, CAN YOU SPEAK TO AT ALL, BASED ON YOUR OBSERVATIONS, WHAT THE FENCE SITUATION IS LIKE, FOR EXAMPLE, JUST EVEN WITHIN THIS MUCH BROADER, UM, HOMEOWNERS OR THE DEED RESTRICTED AREA, UM, OF THE HILLCREST HAVENS ADDITION.
UM, ARE SIX FOOT FENCES COMMON IN YOUR PROFESSIONAL OPINION? ARE THEY UNCOMMON? I I WOULDN'T SAY THEY'RE, THEY'RE COMMON.
UM, THIS IS NOT, UM, AN EXAMPLE THAT Y'ALL HAVE WORKED AT, I'M SURE.
UH, LET'S GO TO STRAIGHT LANE WHERE THEY'RE PROBABLY A LOT MORE PREVALENT AND SOME OF THOSE OBVIOUSLY IS A, IT IS A DIFFERENT SCENARIO.
BUT ARE THERE SOME, I'M SURE THERE ARE.
UM, UH, THIS IS, LET'S, LET'S BE HONEST.
THIS IS A, A UNIQUE SORT OF NEIGHBORHOOD.
UH, YOU'VE GOT PONDS AND LAKES AND CREEKS THROUGHOUT THERE, EXCEPT THIS ONE ISLAND BASICALLY HAS NONE OF THOSE THINGS.
THE HOUSES ACROSS THE STREET, UH, FROM THE CIRCLE HAVE LAKES BEHIND THEM.
WELL, THAT'S A WHOLE DIFFERENT SCENARIO.
THE CORNER LOT THAT ONE OF THE, UH, PEOPLE SPOKE OF.
YES, THERE'S A FOUR FOOT, BUT IF YOU GO ALONG THE, THE, THE LAKE SIDE, THERE'S AN EIGHT FOOT HIGH
[03:25:01]
FENCE BACK THERE.I'M NOT SAYING IT IS, BUT, BUT DIFFERENT SCENARIOS HAVE DIFFERENT THINGS.
NOT EVERYONE HAS A ROT IRON FENCE OR EVEN A FENCE MAYBE ALONG THE LAKESIDE BECAUSE IN A SENSE, THE LAKE IS A BARRIER OF, OF SORTS TO KEEP PEOPLE FROM HOPEFULLY WANDERING IN YOUR BACKYARD OR SOMETHING.
UM, SO I THINK IT'S, THIS IS A VERY UNIQUE NEIGHBORHOOD TO DALLAS WITH ALL THOSE WATER FEATURES.
AND THEN THIS WHOLE IDEA OF THIS ISLAND WAS BIZARRE IN ITSELF.
I'VE NEVER, THE 30 PLUS YEARS I'VE BEEN DOING THIS, NEVER RUN INTO THREE FRONT YARDS ON A CURVE THAT'S JUST TOTALLY, TOTALLY OUTTA WHACK.
I'VE HAD SOME, I DON'T KNOW IF I'VE HAD THREE FRONT YARDS BEFORE, UM, BUT UM, ON A CURVE MAKES IT JUST TOTALLY OUTTA WHACK.
IS THIS, IS THIS COMMON? NO, IT'S NOT STRAIGHT LANE IN THAT SENSE.
AND I DON'T WANNA PICK ON STRAIGHT LANE, BUT, BUT WE KNOW ALL THE, THE, THE FENCES THAT ARE LONG STRAIGHT LANE AND ARE SIX AND EIGHT AND TALLER.
UM, BUT THERE ARE SOME IN THE NEIGHBORHOOD AND, AND IT'S JUST A DIFFERENT SORT OF SITUATION.
AGAIN, IF YOU HAD ONE FRONT YARD HERE, IT'D BE DIFFERENT THAN IF YOU HAD THREE FRONT YARDS.
UM, ONE OF THE, UH, PEOPLE IN OPPOSITION SPOKE ABOUT AN ALLEY, JUST TO BE SURE.
YOU'VE DONE, UH, 400 DONNELLEY COURT IN SOUTH LAKE, TEXAS.
WE SEE 'EM IN DALLAS ALL THE TIME.
FENCES ON BOTH SIDES, VERY HIGH.
A GARBAGE TRUCK BARELY GETS THROUGH IT.
BROOKSHIRE CIRCLE WITH A SIX FOOT FENCE IS NOT THAT BY DEFINITION ABOUT 10 FEET WIDE GARBAGE TRUCK BARELY MAKE THROUGH IT.
SO THE HYPE THAT THIS IS BECOMING AN ALLEY IS A FALLACY.
THIS BOARD DOESN'T, UH, MAKE UP FOR PRIOR DECISIONS BASED ON, UH, THE HOUSE BEING SWITCHED, FLIPPED AROUND BROOKSHIRE CIRCLE, THE OPPOSITION WOULD MAKE YOU THINK THAT THERE IS A THOUSAND CARS GOING DOWN THAT STREET.
THERE ARE SEVEN HOUSES ON THAT CIRCLE SEVEN.
THE ONLY PEOPLE WHO DRIVE ON THAT CIRCLE ARE THE PEOPLE WHO LIVE THERE AND THE SERVICES THAT SERVICE THOSE SEVEN.
BECAUSE IF YOU COME IN THE STREET, YOU STAY ON BROOKSHIRE DRIVE.
SO THERE'S NO TRAFFIC UP THERE.
UH, SO THERE'S THE PEOPLE WHO LIVE THERE, YES, BUT THERE'S NO THROUGH TRAFFIC, NO, THERE'S NO THROUGH TRAFFIC.
THE VIDEO, THE VIDEO IS VERY INTERESTING, BUT THAT'S FOR A DIFFERENT SCENARIO THAT'S GOING DOWNHILL AND OPPOSING, UM, TO THE, THE PART WE'RE LOOKING AT.
AND THE REASON YOU DON'T SEE THAT PERSON ON THEIR SCOOTER IS BECAUSE NOT BECAUSE OF THE HEIGHT OF THE FOUR FOOT FENCE.
IF THAT WAS A THREE FOOT FENCE, YOU STILL WOULDN'T HAVE SEEN THAT PERSON UNTIL THAT IF IT WAS A 10 FOOT PERSON OR 10 FOOT FENCE, YOU'D SEE THAT PERSON AT THE SAME POINT.
SO WE COULD GET SOME ANALYSTS IN HERE AND, AND FIGURE OUT EXACTLY WHAT THAT WAS.
BUT IN, IN MY OPINION, AGAIN, A FALLACY TO THE COEDS.
THE COEDS, IF YOU GO DOWN THE CIRCLE ON THE COED SIDE, THEIR FENCE ENDS BEFORE, UH, THE PROPOSED FENCE ENDS BEFORE THEIR DRIVEWAY.
SO WHERE IT'S A HILL, THERE IS NO FENCE.
YOU HAVE A GREAT VISIBILITY, YOU HAVE THEIR WHOLE DRIVEWAY AND YOU HAVE THE WHOLE, UH, INTERSECTION.
SOMEONE MENTIONED, UH, THAT, UH, THAT THIS WAS BOTHERING THEIR PROPERTY.
UH, THE, THE STREET IS NOT THEIR PROPERTY, UM, IS KIND OF A THING.
THE REASON THE COEDS, UH, WANTED TO GO 10 FEET OFF THE, THE STREET WITH THE FENCE IS SO THAT PEOPLE HAD AN OPPORTUNITY TO WALK ON THE GRASS AND NOT IN THE STREET.
INSTEAD OF HAVING THE FENCE RIGHT ON THE STREET, WHICH WOULD FORCE PEOPLE TO HAVE TO WALK IN THE STREET.
IN THIS CASE, THERE'S A PLACE TO WALK THAT IS SAFE.
THE COEDS SHOULD NOT BE RESPONSIBLE TO MAKE THEIR FENCE THE SAME HEIGHT, THE SAME DISTANCE, AND THE SAME LOOK AS THEIR NEIGHBORS.
NO OTHER NEIGHBOR IN THAT NEIGHBORHOOD HAS HAD TO MAKE THEIR FENCE MATCH SOMEBODY ELSE'S.
THEY WANTED A ROD IRON FENCE WITH VEGETATION, A SIX FOOT ROD IRON FENCE WITH VEGETATION THAT YOU CAN'T SEE THROUGH.
HOW IS THAT DIFFERENT THAN A SIX FOOT WOOD FENCE FOR SAFETY? IT DOESN'T.
THIS WHOLE OPPOSITION HERE, IN MY OPINION, I DON'T HAVE A DOG IN THE HUNT.
I DON'T LIVE IN THE NEIGHBORHOOD, IS ABOUT THE LOOK.
THEY ARE TRYING TO PUSH THE COEDS AND THEIR
[03:30:01]
NEIGHBORS.THEY'RE TRYING TO PUSH THE PEOPLE ON, ON THE CIRCLE, THE ISLAND TO HAVE ONE CONGRUENT FENCE SO THAT THEY HAVE SOMETHING.
WELL, THE COEDS LOOK ACROSS, THEY SEE SEVEN NEIGHBORS.
THEY ALL HAVE DIFFERENT WR IRON FENCE, WOOD FENCE, NO FENCE.
THEY DON'T HAVE THAT OPPORTUNITY TO FORCE THEIR NEIGHBORS TO HAVE ONE STRAIGHT LOOKING THING.
WHY SHOULD THEY HAVE TO BE FORCED, UH, TO DO THAT? GROUP AGREEMENTS NEVER WORK.
THEY DON'T EVEN WORK WITH HOAS WHERE YOU HAVE AN HOA WHO PUTS THE OTHER ASSOCIATION STUFF AND THEY STILL ARGUE OVER GROUP AGREEMENTS.
SO TO GET, UH, BOTH THE COEDS AND THEIR NEIGHBOR IN THE ISLAND TO MAKE THAT, UH, DOESN'T REALLY WORK.
AND IN MY OPINION, THIS REQUEST THAT THE COEDS ARE ASKING, UH, DOES NOT ADVERSELY AFFECT ANY OF THOSE SEVEN OR THESE FOUR OPPONENTS, UH, PROPERTIES.
IT DOESN'T, UH, IT DOESN'T AFFECT THEIR PROPERTY AT ALL.
IT MAY AFFECT WHAT THEY LOOK AT OR HOW THEY WISHED IT LOOKED.
IT THE TORNADO IN BUILDING A HOUSE, SWITCHING IT AND STUFF DID AFFECT THEIR NEIGHBORHOOD.
BUT WHAT THE CO-EDS ARE ASKING FOR IS A SIX FOOT FENCE, 10 FEET OFF THE CURB FOR PRIVACY JUST LIKE EVERYBODY ELSE IN THAT NEIGHBORHOOD HAS.
UNLESS YOU HAVE ANY QUESTIONS.
SO WE WILL CLOSE THE PUBLIC HEARING, UH, AND IF I HAVE A MOTION FROM SOMEBODY, IF NOT, I'LL MAKE IT.
UH, I MOVE THAT THE BOARD OF ADJUSTMENT.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA TWO 20 3053 ON APPLICATION OF STEVE LAKEN DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT TO CONSTRUCT AND MAINTAIN A SIX FOOT HIGH FENCE WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY.
IS THERE A SECOND? I SECOND MR. MILLIKEN.
SINCE IT'S MY MOTION, I WENT TO DIFFERENT MATH CLASS THAN MR. CRAWLEY.
IF, IF YOU TAKE SIX FOOT FOUR ME AND MOVE ME FARTHER ON A FLAT LINE AWAY FROM A POINT, MY SIGHT LINE CHANGES ALONG WITH THE HYPOTENUSE OF THE TRIANGLE.
UM, WHETHER THAT'S, UH, EXACTLY WHAT MATTERS IS, IS A DIFFERENT QUESTION.
UM, I ALSO DON'T THINK IT MATTERS WHETHER THERE COULD BE A MORE AGGRESSIVE OPTION IF IT'S WITHIN THE RIGHTS OF, OF THE APPLICANT.
UH, UH, I, YOU KNOW, OUR STANDARD IS NOT BASED ON WHAT, WHAT DO THE NEIGHBORS THINK? BUT, UH, I DO THINK NEIGHBORS TEND TO BE BETTER JUDGES OF THEIR OWN NEIGHBORHOOD THAN THAN I AM.
UM, THIS IS A CASE WHERE YOU'RE NOT TALKING ABOUT ONE NEIGHBOR.
YOU'RE TALKING ABOUT A LOT NEXT DOOR TO BE, UH, VERY CLOSE TO THE PROPERTY WHO ARE LIKELY TO BE IMPACTED.
SO I'M, UH, I'M INCLINED TO, UM, TO GIVE THAT A LOT OF WEIGHT.
SO THAT'S WHY I MADE THE MOTION.
MR. SLATE IS MAKING THE FACE LIKE HE'S ABOUT TO MAKE A COMMENT.
UM, I'LL BE GOING AGAINST THE MOTION MAINLY BECAUSE I THINK WE HAVE A VERY SUBJECTIVE STANDARD HERE, AND THAT IS WHAT IS ADVERSELY AFFECTING NEIGHBORING PROPERTY.
AND THAT IS NOT JUST LIMITED TO THE SCOPE OF THE IMMEDIATE NEIGHBORS, BUT THINKING OF THE NEIGHBORHOOD SORT OF MORE BROADLY IN THAT MARK.
UH, I REALIZE THAT THERE'S, UH, FRUSTRATION BY ALL THE, THE NEIGHBORS ON THE CIRCLE OF, UH, THE ORIENTATION.
UM, I'M NOT AWARE THAT THAT WAS SOMETHING THAT NEEDED TO BE, UH, APPROVED OR OTHERWISE.
AND IT SPEAKS TO ME THAT OF COURSE, THE SUPPORT FOR THE FENCE IS FROM EVERYONE WHO NOW HAS A FRONT YARD FACING BROOKSHIRE AS OPPOSED TO SEEING THE, THE, THE, THE REAR OF IT.
UM, IF THE HOUSE WAS FLIPPED AND THE THE COEDS WERE TRYING TO PUT UP A FENCE, UM, ALONG THE, THE DRIVE PORTION, UM, TO HAVE SOME PRIVACY THERE SO THAT THE PEOPLE ACROSS THE STREET AND THE SAME WAY I HAVE A FEELING THAT THE FOLKS ON THE CIRCLE MAY BE IN SUPPORT OF THAT, MAYBE THEY WOULDN'T JUST OUT OF PRINCIPLE AS WELL.
UM, I DID NOT FIND THE VIDEO PARTICULARLY
[03:35:01]
COMPELLING, MAINLY BECAUSE YOU WOULD BE ON THE WRONG SIDE OF THE STREET FOR BEING ON A SCOOTER.UM, IN, IN THAT SORT OF SCENARIO, UH, OF, OF WHAT IT IS.
AND, UM, JUST HOW I WOULD COME DOWN ON THE SUBJECTIVE TAKE.
AND THE REASON I WAS ASKING ABOUT THE FOUR FEET AND THE SETBACK VERSUS THE SIX FEET IS I THINK THE, THE RESULTANT THING IS IF WE DECLINE THIS, THEY'LL JUST MOVE THE FOUR FEET OUT, THUS CUTTING OUT MORE OF THAT, THAT LANE AS WOULD BE THEIR RIGHT.
JUST LIKE IT WAS THEIR RIGHT TO, TO FLIP THE SCRIPT ON IT.
UM, THAT MIGHT NOT BE COMPELLING TO OTHERS, BUT I WOULD BE, UM, MY SUBJECTIVE OPINION IS THAT THE SIX FOOT FENCE WOULD NOT ADVERSELY AFFECT, BUT THAT'S NOT THE MOTION.
YOU'RE RIGHT, THAT THE STANDARD IS INCREDIBLY UH, BROAD AND SUBJECTIVE, AND IT'S ONE OF THE HARDEST ONES WE HAVE PRECISELY FOR THAT REASON.
UM, I APPRECIATE MR. SLADE'S, UH, POINT.
UM, BUT HOWEVER, I, I WOULD SAY THAT THE IMMEDIACY OF THE NEIGHBORS TO THE SITUATION VERSUS THE BROADER COMMUNITY, UH, THOSE NEIGHBORS THAT ARE IMMEDIATELY IMPACTED BY, UH, THE FENCE ARE SUBJECT TO A, UM, MORE OF A BURDEN OR MORE OF AN IMPACT OR MORE OF A NEGATIVE BURDEN OR, UM, NEGATIVE EFFECT TO, TO THEIR PROPERTY OR TO THEIR SAFETY, YOU KNOW, WHICH IS, UM, WHICH IS, UM, KINDA WHERE I'M COMING DOWN AND LEANING AND INCLINED TO SUPPORT THE MOTION.
AND ALSO KIDS RIDING SCOOTERS IN THE STREET DON'T REALLY, UM, DON'T REALLY ADHERE TO THE RULES OF THE ROAD, I GUESS, WHETHER OR NOT THEY'RE ON THE RIGHT SIDE OF THE ROAD OR THE OR, OR NOT.
UM, YOU KNOW, KIDS PLAYING IN THE STREET OR KIDS PLAYING IN THE STREET.
UM, AND, AND THE, THE VIDEO FOR ME WAS IMPACTFUL.
HOWEVER, UM, THE POINT THAT THAT PARTICULAR SCENARIO IS NOT NECESSARILY INDICATIVE OF THE PROPERTY IN QUESTION IS KIND OF WHERE I, I DON'T KNOW.
I'M KIND OF STUCK BECAUSE I DON'T KNOW IF THAT SAME, IF A PERSON DRIVING THE CURB AND A KID IN THE STREET BASED ON WHAT THIS PARTICULAR HOMEOWNER IS, IS, IS REQUESTING TO DO, WILL HAVE THE SAME, UH, VISUAL IMPACT THAT THE PARTICULAR VIDEO THAT WAS PRESENTED AND, UM, IN THE HEARING TODAY WOULD HAVE.
SO I KNOW I'M, I'M, I'M, I'M, I'M STRUGGLING WITH THIS ONE ON BOTH, ON BOTH WAYS.
I, I CAN, I, YOU KNOW, I, I I THINK THAT, UM, YOU KNOW, THE APPLICANT COULD BE, UM, COULD, COULD BENEFIT FROM MAYBE WHAT I SUGGESTED EARLIER, BUT THAT'S, THAT'S JUST KIND OF WHERE I AM.
SORRY, SORRY TO, SORRY TO BE VERBOSE.
UH, I CANNOT SUPPORT THE MOTION.
I AGREE WITH MR. SCH SLADE FOR ALL THE REASONS HE STATED.
ANY OTHER COMMENTS? UH, I, IF THE, UM, MOTION WERE TO GET APPROVED, UH, WITH, BY THE BOARD WITHOUT PREJUDICE, WE KNOW THAT THEY WOULD HAVE TO COME BACK, UH, HOPEFULLY WITH CHANGES, OBVIOUSLY THAT WOULD BE APPROVED, WE HOPE THE NEXT TIME AROUND BY THE BOARD.
UM, AND THOSE WOULD BE THE CHANGES THAT WE WOULD HOPE THAT WOULD BE WORKED OUT BETWEEN THE TWO PARTIES, WHETHER IT BE WITH ADDITIONAL LANDSCAPING OR AGREED HEIGHT, WHATEVER THAT MIGHT LOOK LIKE.
SO I THINK THAT'S WHAT, IN ALL REALITY, THAT'S WHAT I'M LOOKING FOR.
I THINK IT'S, REMEMBER, IT'S ULTIMATELY YES.
OBVIOUSLY, WE'RE GIVING A HECK OF A LOT OF WEIGHT TO IT, CORRECT? I AM.
MS. WILLIAMS, THE MOTION IS TO DENY WITHOUT PREJUDICE.
DOES A MOTION TO DENY NEED FOUR? I DON'T THINK SO.
[03:40:01]
I, I THINK A MOTION TO APPROVE NEEDS FOUR.I THINK A MOTION TO DENY PASSES THREE TO TWO.
THANK EVERYBODY FOR COMING DOWN HERE, UH, ON ALL SIDES.
UH, IT IS FOUR FOUR 7:00 PM AND UH, I MOVE THE BOARD OF ADJUSTMENT PANEL C ADJOURNED.
DO WE HAVE TO MAKE A MOTION? SECOND? YEAH.