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[Board of Adjustments: Panel A on July 18, 2023.]
UM, MY NAME IS DAVID NEWMAN, AND I'M HONORED TO SERVE AS CHAIRMAN OF THE BOARD OF ADJUSTMENT AND ALSO THE PRESIDING OFFICER OF PANEL A, UH, IT IS 1:00 PM ON THE TU ON TUESDAY, JULY 18TH, 2023, AND I HEREBY CALL THIS MEETING TO ORDER AND DECLARE THAT A QUORUM IS PRESENT.I HAVE A FEW PREPARE PREPARED REMARKS TO READ INTO THE RECORD, SO ALLOW ME TO DO THAT AND MOVE FORWARD.
UM, ARE THERE DOORS UNLOCKED YET? DO WE KNOW THAT THEY'RE LOCKED? SO, SO THAT IS NOT A SMART THING FOR US, SO, OKAY.
SO THEY'RE STILL LOCKED, IS THAT WHAT YOU'RE SAYING? OKAY, SECURITY.
CAN WE CALL SECURITY AGAIN ABOUT THIS? THIS IS A FIRE HAZARD.
SOMEONE'S GOTTA HAVE A MASTER KEY.
ALL RIGHT, MARY, I NEED YOU TO STAY WITH ME, PLEASE.
I WOULD LIKE TO WELCOME YOU TO THE BOARD OF PUBLIC HEARING.
BEFORE WE BEGIN, I'D LIKE TO MAKE A FEW GENERAL COMMENTS, UH, ABOUT THE BOARD OF ADJUSTMENT AND THE MANNER IN WHICH THE HEARING WILL BE CONDUCTED.
WELL, I HEAR SOMEONE PULLING, BUT UNFORTUNATELY NOT WITH A KEY.
I THINK SOMEONE'S AT THE DOOR WITH A KEY, BUT I DON'T KNOW.
I APOLOGIZE TO THE AUDIENCE, BOTH ONLINE AS WELL AS IN PERSON.
IT LOOKS LIKE THE DOOR'S UNLOCKED, BUT THAT MAGNETIC IS HOLDING AT THE DOORS.
MS. DUNN, IS THERE ANYTHING WE CAN DO HERE? WE'RE NOW THREE MINUTES LATE.
I THINK WE HAVE ALL REGISTERED SPEAKERS.
I, I, I, I, IF THE PUBLIC WANTS TO COME TO THE MEETING, I NEED TO MAKE SURE THE PUBLIC CAN ATTEND THE MEETING, SO I, I GUESS WE COULD GO AND PRINT OUT A SIGN TO HAVE THEM, ROUTE THEM BACK DOWN THIS WAY TO COME IN IF THAT'S GONNA STAY LOCKED.
MAYBE SOMEBODY, IT'S A FIRE HAZARD THAT PEOPLE COULDN'T EGRESS.
SO, IS THAT, THAT GENTLEMAN THERE? I HOPE? PUSH A BUTTON.
INTERESTING OBSTACLE WE HAVE FOR THE RECORD.
I'M GONNA CONTINUE READING THIS, BUT WE'RE NOT GONNA BEGIN THE HEARING, UH, PER SE, UNTIL THE DOORS ARE UNSECURED OR SECURED.
UH, BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW GENERAL COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE MANNER IN WHICH THE HEARING WILL BE CONDUCTED.
MEMBERS OF THE BOARD ARE APPOINTED BY THE CITY COUNCIL.
UH, WE ARE CONSTITUTED BY STATE LEGISLATURE AND THE CITY COUNCIL AS A SEPARATE ENTITY, UH, ACCOUNTABLE TO THE CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
NO ACTION OR DECISION ON A CASE.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED.
EACH USE IS PRESUMED TO BE A LEGAL USE.
WE'VE BEEN FULLY BRIEFED BY STAFF THIS MORNING.
UH, WE HAVE TWO REMAINING CASES THAT'LL BE BRIEFED AS WE HAVE THE PUBLIC HEARING, AND I'LL GO THROUGH THE AGENDA IN A SECOND.
AND ALSO HAVE REVIEWED A DETAILED DOCKET, WHICH EXPLAINS THE POINT OF EACH CASE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT YOU'LL HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY, MS. MARY WILLIAMS. MARY, WOULD YOU RAISE YOUR HAND, UM, IS IT BLUE SHIP SLEEPS AND PAPERS? IS THAT WHAT YOU'RE STILL DOING? SO IF YOU WANNA SPEAK EITHER AS A PUBLIC, UH, IN THE PUBLIC TESTIMONY OR TO SPEAK ON A SPECIFIC CASE YOU NEED, YOU WILL HAVE NEEDED TO FILL OUT THIS BLUE SHEET OF PAPER AND TURN THAT INTO OUR BOARD SECRETARY, PLEASE.
BUT SHE'LL CALL YOUR NAME BASED ON THAT, UH, SH SHEET OF PAPER.
THIS EV AND ANY EVIDENCE THAT YOU SUBMIT FOR A CASE WILL BE RETAINED BY OUR BOARD SECRETARY.
HERE COMES THE, HERE COMES THE HEATER.
MAYBE IT'LL BLOW OUT THE DOORS.
UH, THIS EVIDENCE MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE RECORD FOR EACH CASE.
LETTERS OF THE BOARD'S ACTION TODAY WILL BE ISSUED, UH, WILL BE MAILED TO THE APPLICANTS AND ISSUED BY OUR BOARD ADMINISTRATOR SHORTLY AFTER.
TODAY'S HEARING WILL BECOME PART OF THE PUBLIC RECORD.
SO IT'S NOT THE KEY, IT'S THE, OKAY.
LASTLY, ALSO, ALL PEOPLE REGISTERED TO SPEAK ON ANY CASES WILL BE REQUIRED TO REGISTER STAFF
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BEFORE ADDRESSING THAT BLUE SHEET OF PAPER.I APOLOGIZE FOR YOUR DELAY IN ENTERING THE CHAMBER.
THE DOORS WERE INTERMITTENTLY SECURED THAT WE'RE GONNA KEEP THAT DOOR OPEN SO THAT WE CAN PROPERLY HAVE OUR RULES OF PROCEDURE.
EACH REGISTERED SPEAKER WILL HAVE FIVE MINUTES TO ADDRESS THE BOARD, UM, AND THE, THE CHAIR WILL ADJUST THAT AS ACCORDINGLY.
UH, BOTH FOR AND AGAINST THE BOARD.
SECRETARY WILL CALL THE TIME WHEN THE, THE FIVE MINUTES, UM, IS CONCLUDED.
UM, ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL, TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
UH, I'D LIKE TO TAKE A MOMENT TO INTRODUCE THE PARTICIPANTS AT TODAY'S MEETING.
AGAIN, MY NAME IS DAVE NEWMAN, AND I'M CHAIRMAN OF THE BOARD OF ADJUSTMENT IN, IN FULL, AND ALSO THE PRESIDING OFFICER OF THIS PANEL.
PANEL A TO MY IMMEDIATE LEFT IS KATHLEEN DAVIS, A MEMBER RACHEL HAYDEN, A MEMBER.
LAWRENCE HALCOMB A MEMBER TO MY IMMEDIATE RIGHT IS OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY.
NIKKI DUNN, OUR CHIEF PLANNER AND BOARD ADMINISTRATOR.
DIANA BURHAM, OUR SENIOR PLANS EXAMINER.
OH, SHE'S NOT HERE NOW, BUT SHE'LL BE COMING BACK OR WE DON'T KNOW.
UH, GIANNA BRIDGES, OUR SENIOR PLANNER, TANISHA LESTER, CHIEF PLANNER, WILLIE FRANKLIN, WHAT'S YOUR TITLE AGAIN, SIR? I APOLOGIZE.
SENIOR DEVELOPMENT PROJECT COORDINATOR.
AND BRYANT? UM, BRYANT THOMPSON, A SENIOR PLANNER.
UM, AND LAST BUT CERTAINLY NOT LEAST, MARY WILLIAMS, WHO IS OUR BOARD SECRETARY.
MARY, RAISE YOUR HAND AGAIN, PLEASE.
SO THOSE ARE THE PLAYERS AT THE TABLE TODAY.
BEFORE WE BEGIN, UM, THE CHAIR IS GONNA ENTERTAIN A MOTION, OR I WILL MAKE A MOTION, UH, IS, IS CONSISTENT WITH OUR RULES OF PROCEDURE.
SECTION SIX, SUBSECTION A, SUBSECTION 16, NO LATER THAN SEVEN CALENDAR DAYS PRIOR TO EACH BORDER PANEL, MEANING THE, THE BOARD ADMINISTRATORS TO DISTRIBUTE TO EACH MEMBER AND MAKE AVAILABLE TO THE PUBLIC COMPLETE AGENDA IN THE CASE DOCKET MATERIALS.
UH, WE WERE A DAY LATE IN THAT, SO THEREFORE, BUT THE PROVISION ALLOWS US TO WAIVE THAT.
SO I, UM, DAVE NEWMAN AM MOVING THAT THE PA THAT THE PANEL, UM, CAN STILL HEAR THE NOTICE CASES, EVEN IF THE AGENDA AND THE DOCKETS WERE NOT DISSEMINATED IN ACCORDANCE WITH THIS PARAGRAPH.
I MOVE, WE WAIVE THAT PROVISION.
IS THERE A SECOND? I'LL SECOND.
IT'S BEEN MOVED BY THE CHAIRMAN TO WAIVE SECTION SIX, SUBSECTION A, SUBSECTION 16.
THOSE OPPOSED MOTIONS APPROVED.
THE, THE NOTIFICATION WAIVER IS APPROVED.
WE HAVE THAT IN OUR, IN OUR RULES OR PROCEDURES SPECIFICALLY TO MAKE SURE OR TO TRY TO ENSURE THAT THE PUBLIC IS INFORMED SEVEN DAYS ADVANCED, UH, ON OUR WEBSITE FOR ALL HEARINGS AND ALL AGENDA ITEMS. ALRIGHT, ALLOW ME NOW TO PREVIEW OUR AGENDA FOR THE, FOR THE PANEL AS WELL AS THE PUBLIC.
UM, WE, WE HAD A BRIEFING THIS MORNING AT 10 30, UH, ONE O'CLOCK.
TODAY WE HAVE OUR PUBLIC HEARING.
UM, IN A MOMENT I WILL CALL FOR PUBLIC TESTIMONY, AND THEN WE HAVE OUR AGENDA.
FIRST, WE'LL BE REVIEWING AND APPROVING OUR, OUR MINUTES, AND THEN WE HAVE ONE UNCONTESTED ITEM OH SIX OH, AND THEN FIVE ITEMS THAT'LL BE HEARD IN A REGULAR SESSION.
AS I MENTIONED EARLIER, UH, 2 2 3 0 6 6 55 18 WINSTON COURT AND 2 2 3 0 7 3 3 4 9 CORONET BOULEVARD.
WE'RE NOT BRIEFED YET THIS MORNING.
SO WHAT, WHAT WE'RE GONNA DO IS IN THAT ORDER, UH, WE WILL BRIEF AND THEN HAVE THE PUBLIC HEARING IMMEDIATELY BE, UH, AFTER THE BRIEFING.
BUT WE WILL, WE'LL HANDLE OH SIX, OH FIRST, THEN FIVE EIGHT, THEN SIX THREE, THEN SIX FIVE, THEN SIX SIX, THEN SEVEN SEVEN.
IS THERE A QUESTION ABOUT THE AGENDA HEARING? NO QUESTIONS ON THE AGENDA.
THE FIRST ITEM IS PUBLIC TESTIMONY.
MS. BOARD? SECRETARY, DO WE HAVE ANY PUBLIC TESTIMONY? NO PUBLIC SPEAKERS.
NO PUBLIC SPEAKERS AT THIS TIME.
UH, NEXT TIME ON THE AGENDA IS THE REVIEW AND APPROVAL OF, OF OUR MEETING MINUTES.
UM, I MENTIONED AT THE BRIEFING THIS MORNING A FEW, UM, MODIFICATIONS OF THE MEETING MINUTES.
SO IF THE BOARD WILL ALLOW ME, I WILL MAKE A MOTION WITH THAT, WITH THESE AMENDMENTS IN IT.
SO THE CHAIR MOVES APPROVAL WITH THE FOLLOWING AMENDMENTS ON PAGE FOUR OF THE MEETING.
MINUTES FOR FIRST PAGE CHANGING ASSISTING CITY ATTORNEY TO ASSISTANT NUMBER TWO TO NOTE THAT THE MOTION FOR
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ELECTING A TEMPORARY PRESIDING OFFICER WAS APPROVED 40 ZERO.UM, NUMBER THREE, ON PAGE 12 UNDER 2023.
UH, THE MOTION BY MR. HALCOMB.
IT SAYS MOTION FAILS TO IN, INSERT THE WORDS FOR LACK OF A SECOND.
THAT'S THE PRO, THE ROBERTS RULES OF ORDER NOTATION FOR LACK OF A SECOND.
UH, NEXT, ON THE SAME CASE, 2 2 3 0 56.
IT SAYS THAT THE, THE BOARD APPROVED IT FOUR TO ONE.
STRIKE THE WORD UNANIMOUS CUZ IT WAS FOUR TO ONE.
THEN ON PAGE 18 IN THE MEETING MINUTES FOR 2, 2, 3 0 54.
UH, THE BOARD APPROVED FOUR TO ONE.
WE NEED TO STRIKE THE WORD UNANIMOUSLY ON PAGE 22 IN CASE 2 23 0 6 1.
AGAIN, THIS IS THE MEETING MINUTES.
THE BOARD VOTED FOUR TO ONE TO APPROVE, TO GRANT.
WE NEED TO STRIKE THE WORD UNANIMOUSLY.
AND THOSE ARE THE SUGGESTED AMENDMENTS TO THE PROPOSED MINUTES.
IT'S BEEN MOVED BY THE CHAIRMAN AND SECONDED BY MS. DAVIS TO APPROVE THE MEETING MINUTES FOR JUNE 20TH AS AMENDED.
IS THERE DISCUSSION, HEARING? NO DISCUSSION.
NEXT ITEM ON THE AGENDA IS THE ONE ITEM THAT WE HAVE THAT, UM, PER THE DISCRETION OF THE, OF THE BOARD THIS MORNING.
UH, FOR THE UNCONTESTED DOCUMENT, THAT'S BDA 2 23 DASH 0 6 0 2 2 3 0 6 0 AT 28 18.
TOULA, I MISPRONOUNCING THAT AGAIN.
UH, 28 18 TOLUCA, UM, IS IT STILL THE BOARD'S PREFERENCE TO KEEP THAT ON THE UNCONTESTED AGENDA? OKAY.
THE, THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HOLCOMB, I MOVE THAT THE BOARD OF ADJUSTMENT GRANT, THE FOLLOWING APPLICATIONS LISTED ON THE UNCONTESTED DOCKET BECAUSE IT APPEARS FROM OUR EVALUATION OF THE PROPERTY IN ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTED WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT BDA 2 23 DASH 0 6 0 APPLICATION OF PEDRO LOPEZ FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT REGULATIONS.
AND FOR A SPECIAL EXCEPTION TO THE VISIBILITY OBSTRUCTION REGULATIONS, COMPLIANCE WITH THE SUBMITTED SITE PLAN AND ELEVATION IS REQUIRED.
IT'S BEEN MOVED IN 2 23 0 6 OH TO APPROVE ON THE CONSENT DOCKET, UH, 2 23 0 6 OH, UH, BY MR. HALCOMB.
IT'S BEEN SECONDED BY MR. NERI DISCUSSION, MR. HALCOMB? UM, I I THINK THAT THIS ONE WAS IN KEEPING WITH THE STANDARDS AND, UH, A FAIRLY REASONABLE REQUEST AND I I DON'T THINK WE HAD ANY ISSUES WITH IT.
MR. NERI? I CONCUR DISCUSSION ON THE MOTION, SEEING NO OTHER DISCUSSION IN THE MATTER OF 2306 OH FOR THE CONSENT DOCUMENT, THE MOTION ON THE FLOOR IS TO GRANT BOTH REQUESTS.
THE BOARD SECRETARY WILL CALL THE FOR A VOTE.
FIVE ZERO IN THE MATTER OF 2 23 0 6 0 2 8 1 8 TO TOLUCA BOY, WHY I HAVE MENTAL BREAK THERE TO LUCA.
THE BOARD HAS UNANIMOUSLY APPROVED BOTH REQUESTS.
YOU'LL GET A LETTER NOTIFICATION FROM OUR BOARD ADMINISTRATOR SHORTLY.
TODAY IS 2 2 3 0 5 8 2 2 3 0 5 8.
THIS IS AT 71 28 HAZEL ROAD, 71 28 HAZEL ROAD IS THE APPLICANT PRESENT.
THIS ONE HERE, AND JUST WAIT ONE SECOND PLEASE.
I ASSUME THAT ANYONE THAT'S WANTING TO SPEAK HAS FILLED OUT A BLUE SHEET OF PAPER.
SO ARE YOU WANTING TO SPEAK AS WELL, MA'AM? UM, NO.
I JUST WANNA MAKE SURE YOU FILLED OUT A SLIP WITH OUR BOARD SECRETARY.
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SECRETARY IS GONNA, UM, SWEAR YOU IN.DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH TO THE TE TO YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
MAKE SURE YOU SAY YOUR NAME AND ADDRESS BEFORE PROCEEDING.
SO YOU'LL BE GIVEN FIVE MINUTES TO SPEAK IN FAVOR OF YOUR APPLICATION AND WE'LL DO PLUS OR MINUS.
I DON'T WANT TO CUT YOU OFF, I WANT YOU TO GIVE AMPLE TIME, BUT WHATEVER TIME I GIVE YOU, I'M GONNA GIVE ANYONE THAT COMES TO SPEAK ON OPPOSITION.
SO WE WANNA BE FAIR ON ALL SIDES, BUT, AND ANY QUESTIONS THAT COME FROM THE BOARD PANEL REGARDING YOUR REQUEST DOESN'T COUNT AGAINST YOUR TIME.
SO WE'LL BE GENEROUS, BUT NOT TOO GENEROUS.
NOW, IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN THE CLOCK WILL START.
IS IT ON? IT SHOULD BE A GREEN LIGHT.
MY NAME IS A LITTLE BIT CLOSER TO THAT MICROPHONE.
WE WANNA HEAR EVERYTHING YOU HAVE TO SAY.
UH, MY NAME IS GUADALUPE MAY AND I'M HERE TO REPRESENT MY PARENTS, UH, JOSE VELASQUEZ AND MARIA VELASQUEZ.
UM, BASICALLY FIGHTING TO KEEP THEIR, OUR TINY HOUSE IN THE BACK, WHICH WE HAVE BUILT.
UM, SO THAT THERE IS ALWAYS ONE OF US TO ACCOMPANY OUR PARENTS.
UM, THERE IN CASE THEY HAVE ANY EMERGENCIES OR ANYTHING LIKE THAT.
UM, THEY'RE UP IN THEIR SEVENTIES.
UM, AND SO SOMEONE EITHER MYSELF OR ONE OF MY BROTHERS IS ALWAYS THERE, UM, AS A FAMILY TOGETHER SO THAT WE ARE THERE FOR THEM SINCE THEY ARE, AGAIN, MEDICAL ISSUES.
AND ONE OF THE BIGGEST FACTORS IS, UM, THE LANGUAGE BARRIER.
SO IN MANY CASES THERE WILL BE, I DON'T KNOW, PHONE CALLS OR ANYTHING, SOMEONE COMING TO THE DOOR AND MY MOM AND MY DAD, THEY DON'T HAVE HAVE FLUENCY AND UH, UH, ENGLISH LANGUAGE.
AND SO THAT'S ONE OF THE MANY REASONS THAT WE ALWAYS TRY TO, TO BE THERE.
AND THAT'S, THAT WAS THE REASON WHY THAT HOUSE WAS BUILT.
GOOD, GOOD AFTERNOON LADIES AND GENTLEMEN.
MA'AM, I'M LET YOU ASK, DID YOU FILL OUT A BLUE SHEET OF PAPER? NO.
THEN I CAN'T HAVE YOU SPEAK AND YOU'RE WELCOME TO SPEAK ABSOLUTELY.
BUT I NEED YOU TO FILL OUT THE BLUE SHEET OF PAPER AND ALSO BE SWORN IN.
SO IF YOU'D LIKE TO SPEAK, YOU ARE ABSOLUTELY WELCOME TO.
BUT YOU NEED TO FILL OUT THAT BLUE SHEET OF PAPER AND THEN BE SWORN IN.
WHAT IS YOUR PLEASURE? UM, I'M THE APPLICANT, BUT THEN, YES, SO THANK YOU.
I JUST TELL HER WHAT I THINK SHE SHOULD TELL YOU.
WE WANNA HEAR FROM YOU, I PROMISE.
BUT I JUST NEED YOU TO GO THROUGH THE FORMALITY OF THE PIECE OF PAPER.
IT IS VERY IMPORTANT THAT THE BOARD HEARS FROM ALL SIDES ON EVERY ISSUE.
AND THEN MARY, YOU PROBABLY NEED TO SWEAR IN TOO.
NOW IF YOU WOULD, UH, SHE'S GONNA SWEAR YOU IN.
AND THEN YOU, THEN I'LL ASK FOR YOUR NAME AND ADDRESS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE SAY YOUR NAME AND ADDRESS BEFORE PROCEEDING.
BLANCA CARDENA 7 45 CLEARWOOD DRIVE.
UM, I JUST WANNA, UM, MAKE SURE THAT, UM, YOU UNDERSTAND THE BOARD UNDERSTANDS THAT, UH, THEY'RE NOT TRYING TO KEEP THIS A D U AS LIKE FOR RENTAL PURPOSES OR ANY OTHER ISSUES.
ONLY THAT THEY NEED ONLY THAT THEY NEED THAT A D U TO KEEP, UM, AN EYE ON THEIR PARENTS.
IT WAS THE, FOR THEIR GRANDMOTHER.
SO NOW THEY, THEY PASSED AWAY, BUT STILL THEY, THEY NEED THAT, UM, ADU IN ORDER FOR THEM AND THEIR FAMILY TO KEEP AN EYE ON THEIR PARENTS LIKE SHE TOLD YOU.
AND, BUT THERE'S NO OTHER, UM, PURPOSE FOR IT IS ONLY FOR THEM NO RENTING AND, AND, UM, WE SUBMITTED SOME, UH, EVIDENCE THAT THE YES.
THAT THE ALL NEIGHBORS, THEY JUST, THEY ARE, UH, THEY ARE, THEY ARE ARRIVED WITH IT.
THEY DON'T TRESPASS IN ANY, ANY WAY OF ANY OTHER PROPERTIES.
THEY DON'T HAVE ANY ISSUES WITH, UH, THE NEIGHBORS OR THEIR PROPERTIES WITH THIS A D U.
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TO KEEP IT.AND, UM, UH, WE DIDN'T, UM, SUBMIT THE, BUT THE, UM, BILL GENERAL CONTRACTOR, UM, DO YOU HAVE A LETTER? AN ESTIMATE? BUT WE HAVE ONE HERE.
I DON'T KNOW IF IT'S GOOD ENOUGH FOR, FOR YOU OR, OR IS IT TOO LATE FOR ME TO, WHAT IS, WHAT IS IT? IT'S AN ESTIMATE.
ESTIMATE FOR WHAT? FOR THE A D U SAYING THAT FOR THE DEMOLITION IT'S GOING TO BE LIKE, OH, I, IF YOU'D LIKE TO PRESENT THAT, YOU COULD GIVE THAT TO OUR BOARD SECRETARY.
AND THEN SHE WILL SHARE IT WITH US.
YOU'RE ALLOWED TO PRESENT ANYTHING YOU'D LIKE DURING YOUR, YOUR HEARING.
WE ARE NOT TRYING TO, THEY THEY WERE, I I THINK THEY HAD A KIND OF A TICKET FOR VIOLATION FOR THAT.
UM, I DON'T KNOW THE REASON THEY DIDN'T BUILD IT WITHOUT A PERMIT AND UH, I KNOW IT'S WRONG.
UM, BUT THEY'RE TRYING TO DO THE RIGHT THING.
THAT'S ALL WE CAN SAY FOR OUR BEHALF.
SO I HAVE A FEW QUESTIONS FOR YOU.
AND THEN I WILL DEFER TO THE REST OF THE PANEL AS WELL.
AND IT SAYS YOU'RE THE APPLICANT.
ARE YOU THE OWNER OF THE PROPERTY OR YOU'RE JUST BEEN APPLICANT ON BEHALF OF THE OWNER? YES, WE ARE THE APPLICANT ON BEHALF OF THEM.
AND ARE AND WHAT IN RELATION DO YOU HAVE MA'AM TO THE OWNER OF THE PROPERTY? I'M DAUGHTER.
YES, BECAUSE THE APPLICATION I'M LOOKING AT, WHAT YOU HAVE HERE WAS SIGNED BY YOU, MS. CARD.
JUST GETTING ALL THE PLAYERS INVOLVED.
SO IN THAT APPLICATION, IT, YOU STATED THAT THE UNIT WAS BUILT 15 YEARS AGO? CORRECT.
SO IN THE BRIEFING THIS MORNING, WE ASKED OUR PROFESSIONAL STAFF WAS THERE A BUILDING PERMIT ISSUED AND THEY COULD NOT FIND, AND THAT'S WHAT YOU'RE SAYING.
SO WHAT OUR SUSPICION WAS, IT WAS BUILT WITHOUT A PERMIT.
SO THAT'S QUESTION NUMBER ONE.
QUESTION NUMBER TWO IS, UH, WE'RE WONDERING WHY ARE YOU HERE? AND YOU'RE SAYING THAT SOMEONE FROM CODE COMPLIANCE CITED YOU.
UM, OUR CRITERIA BASED ON YOUR REQUEST IS TWO THINGS.
NUMBER ONE, WHETHER IT WILL BE USED THAT IT CANNOT BE USED AS A RENTAL ACCOMMODATION.
AND NUMBER TWO, THAT IT DOES NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
I'M JUST FRAMING THAT'S OUR CRITERIA FOR WHAT WE'RE LOOKING AT AS IT RELATES TO THE SPECIAL EXCEPTION.
SO I'M GONNA DEFER TO MY PANEL FOR SOME OTHER QUESTIONS.
QUESTIONS PANEL MEMBERS? YES, MS. DAVIS? SO I WAS NOT HERE FOR THE BRIEFING.
SO ARE YOU ASKING PER PERMISSION, BLESS YOU FOR TO BUILD AN ACCESSORY DWELLING UNIT? IT'S EXISTING, SO IT'S ALREADY EXISTING.
SO YOU'VE GOT THE, THE SINGLE FAMILY STRUCTURE IS EXISTING, THE ACCESSORY FAMILY DWELLING, AND THEY'RE BOTH ALMOST THE SAME SIZE.
SO BASICALLY IF WE, YEAH, IF WE SAY NO TO THIS, THEY WOULD HAVE TO DEMOLISH THE BUILDING, I'M ASSUMING.
RIGHT? SO MY, I'M PLEADING THAT YOU PLEASE TAKE INTO CONSIDERATION THAT IT IS MY DAD 15 YEARS AGO, LACK OF KNOWLEDGE THAT DIDN'T REALLY COME TO DO THE RIGHT THING AT THAT MOMENT.
AND I'M PLEADING THAT YOU PLEASE NOT MAKE US DEMOLISH IT, IT WOULD COST US, THEY'RE ON A FIXED INCOME.
THEY WOULD NOT BE ABLE TO AFFORD A DEMOLITION.
AND THE PURPOSE OF IT IS JUST FAMILY USE.
THAT, THAT'S THE ONLY PURPOSE OF IT BEING THERE.
IT IS NO BOTHER TO ANY SURROUNDING NEIGHBORS.
SO THAT, THAT'S WHAT I'M PLEADING.
WE HEAR EVERYTHING YOU'RE SAYING AND WE'RE, WE'RE TRYING TO APPLY WHAT THE, THE CITY CODE STANDARDS ARE ON A REQUEST LIKE THIS.
AND THEN, BUT YOU'RE HERE TO ADVOCATE ON YOUR POSITION.
SO I, I APPRECIATE YOUR HEARTFELT ADVOCACY AND I GREATLY APPRECIATE YOU GUYS BEING HERE AND HEARING ME.
ALL RIGHT, MS. DAVIS, DID THAT ANSWER YOUR QUESTION FOR NOW? OKAY.
OTHER QUESTIONS FROM, OTHER QUESTIONS FROM, UM, SIR, YOU CAN GO AHEAD AND SIT DOWN.
AND I WILL REITERATE TO THE AUDIENCE, IF THERE'S ANYONE THAT WANTS TO SPEAK ON A CASE THAT'S COMING BEFORE US THIS AFTERNOON, THEY NEED TO FILL OUT A BLUE SLIP FORM AND TURN THAT INTO OUR BOARD SECRETARY.
QUESTIONS FROM THE PANEL TO THE APPLICANT, MR. COMB? OKAY.
SO, UM, I'M, I'M PRETTY MUCH GOOD ON THE ADDITIONAL DWELLING UNIT, BUT THERE'S THIS SECOND REQUEST, UH, RELATED TO THE FLOOR AREA, UM, RATIO.
SO I GUESS I HAVE SOME QUESTIONS.
ONE OF THE STANDARDS HERE IS, UH, IN ORDER TO APPROVE, UH, A BUILDING SO
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BIG RELATIVE TO THE ORIGINAL BUILDING, ONE OF THE REQUIREMENTS IS, IS THAT IT'S NECESSARY TO PERMIT DEVELOPMENT OF THE SPECIFIC PARCEL OF LAND.SO WHEN YOU'RE LOOKING AT YOUR NEIGHBORS, HOW, UM, THEIR STRUCTURES THAT THEY HAVE IN TERMS OF SIZE, HOW DO THEY RELATE TO THE ORIGINAL STRUCTURE ON THIS PROPERTY? AND THEN BOTH STRUCTURES AS A WHOLE, HOW DO THEY RELATE AS FAR AS HOW DIFFERENT THEY ARE? WELL, I MEAN, IN TERMS OF SIZE, SO, SO WOULD IT BE FAIR TO SAY THAT, SAY, UM, NEIGHBOR TO THE RIGHT HAS A BUILDING THAT'S ABOUT THE SAME SIZE AS YOUR MAIN BUILDING, UH, AND NEIGHBOR TO THE LEFT HAS ONE THAT'S TWICE AS BIG OR WHATEVER IT IS? I'M ASKING WHAT THE, WHAT THE NEIGHBORHOOD'S LIKE.
I WOULD SAY THAT IT'S SIMILAR.
IT'S THE SAME SIZES AS THE ORIGINAL HOUSE.
SO WE'RE GONNA GO THROUGH A QUESTION, ANSWER PERIOD.
SO, OKAY, SO HOW MUCH, UM, AND, AND I'M, IF IT'S IN HERE, I, I APOLOGIZE HOW MUCH I, I'D LOVE TO KNOW, LIKE THE LOT SIZE, WHAT PERCENTAGE IS TAKEN UP BY THOSE TWO BUILDINGS? HOW MUCH, HOW MUCH YARD DO YOU HAVE? I AM VERY, I HAVE, I'M LACK OF, UM, MEASUREMENTS KNOWLEDGE, AND, BUT JUST BY LOOKING AT IT, I WANNA SAY THAT IT'S, UH, BOTH HOUSES PROBABLY TAKE A 20% OF THE WHOLE LOT.
I MEAN, THERE'S PLENTY OF SPACE UP IN THE FRONT YARD.
THERE'S WAY PLENTY OF LAND SPACE IN THE BACK AS WELL.
SO AS FAR AS SIZE AND HOW MUCH SPACE, BOTH ONE OR BOTH STRUCTURES ARE TAKING ON THAT LOT, IT'S NOT TAKING LIKE THAT MUCH SPACE AT ALL.
MS. DAVIS, YOU WANNA KEEP GOING OR YOU WANT OTHERS TO ASK? NO PROBLEM.
SO I'M GONNA DO A FILLER AND QUESTION OR TWO, BUT I'M, I DON'T WANT TO PREEMPT MY PANEL MEMBERS.
AND I, I SHOULD REITERATE THAT THE RULES THAT WE HAVE REQUIRE THAT ANY APPROVAL OF A REQUEST HAS TO HAVE FOUR AFFIRMATIVE VOTES.
SO IT'S NOT JUST A MAJORITY VOTES.
SO EACH PANEL OF THE BOARD OF ADJUSTMENT HAS FIVE MEMBERS, AND IT REQUIRES FOUR OF THE FIVE MEMBERS TO VOTE IN THE AFFIRMATIVE TO APPROVE NOT THREE, BUT FOUR.
SO THE HURDLE, AND THIS IS BY STATE STATUTE, 75% OF THE PANEL HAS TO APPROVE THAT.
SO I'M, I UNDERSTAND, I'M JUST TRYING TO MAKE SURE YOU ARE AWARE AND THE PUBLIC'S AWARE FOR FUTURE CASES.
AND THANK YOU FOR EXPLAINING THAT AS WELL.
IT KIND OF GOES TO MR. HOLCOMB'S.
UM, QUESTIONS ABOUT THE OTHER STRUCTURES IN THE NEIGHBORHOOD AND, AND THAT SORT OF THING.
UH, I WILL TELL YOU, I'M, I'M VERY IMPRESSED WITH THE FACT THAT, UM, YOU ATTEMPTED TO, UH, TO ADDRESS THE ISSUE OF NOT ADVERSELY AFFECTING NEIGHBORHOOD PROPERTIES AND NOT CONTRARY PUBLIC INTEREST WITH THE, THE FEEDBACK THAT WE GOT AND ALSO THE MAPPING.
AND WE GET A, WE GET A ZONING MAP THAT SHOWS 200 FEET AR AREA, AND WE MARK WHEN THE STAFF MAKES A PRESENTATION, WHAT THE SURROUNDING PROPERTY OWNERS ARE SAYING, YES OR NO.
AND FROM WHAT WE'VE BEEN TOLD, THERE'S NO ONE IN OPPOSITION.
ARE YOU AWARE OF ANYONE IN OPPOSITION? NO.
I ACTUALLY WENT HOUSE BY HOUSE ON GUESS WHAT? THIS IS HOW YOU DO IT.
THAT'S HOW YOU, THAT'S HOW YOU WELL, THAT'S WHAT I DID.
THAT'S HOW YOU POTENTIALLY WIN.
I DIDN'T SAY YOU WOULD, IT'S UP TO THE PANEL, BUT I'M IMPRESSED BY THIS.
UH, BUT I, I WILL TELL YOU, I, I HAVE A QUANDARY ABOUT THE FACT THAT SOMETHING WAS BUILT WITHOUT A PERMIT.
SO I'M JUST VERBALIZING OUT LOUD.
UM, AND SO I DON'T KNOW WHERE I'M GOING WITH THIS, BUT I'M IMPRESSED WITH THE FACT THAT YOU, YOU CANVASED.
SO WHAT ARE THE QUESTIONS THAT THE PANEL HAVE? MR. HOW COME? UM, THIS IS QUESTION FOR THE BOARD ATTORNEY, UH, IN REGARDS TO HOUSE BILL 1475.
SO IT REFERS HERE TO 50% OF THE APPRAISED VALUE OF THE STRUCTURE.
HOWEVER, THERE ARE TWO STRUCTURES HERE.
SO HOW DO WE, HOW DO WE EVALUATE THAT STRUCTURE? STRUCTURE? YEAH.
IT WOULD BE THE STRUCTURE THAT THEY WOULD BE FORCED TO TEAR DOWN THE ONE IN THE, THE, THE ONE THAT'S AT ISSUE, NOT THE FRONT YARD.
SO, SO IT WOULD BE ENCAPSULATED IN THE ADU THAT THAT STRUCTURE VALUE AND WHAT THE COST TO TEAR IT DOWN WOULD BE RELATIVE TO THAT STRUCTURE VALUE? CORRECT.
UH, I ASSUME YOU'RE APPEAR, DID YOU WANT TO SPEAK TO TODAY AS WELL, SIR? NOT YET.
[00:30:01]
UM, YEAH, I HAVE AN EV.UH, WE'LL GET TO YOU IN A MOMENT, I PROMISE.
AND THEN WE'LL ASK FOR OTHER SPEAKERS.
LET'S FINISH WITH THE APPLICANT FOR RIGHT NOW, AND THEN WE CAN COME BACK TO, BEFORE WE GO BACK TO YOU OTHER PANEL MEMBERS WITH QUESTIONS, THOUGHTS YET.
MR. HALCOMB, UH, THIS IS ALSO A FOLLOW-UP QUESTION ON THE 1475.
NOW, DOES THIS ALLOW US TO, UM, DISREGARD THE ABOVE STANDARDS FOR VARIANTS IF 14, IF WE FEEL LIKE 1475 IS IN PLAY? OR IS THAT AN ABOVE AND BEYOND, OR IS IT A MITIGATING FACTOR? UH, BASICALLY, IN OTHER WORDS, IF, IF JUST FOR EXAMPLE, I DON'T BELIEVE THEY MEET BE OF THE STANDARD FOR VARIANCE, CAN 1475 ALLOW ME TO IGNORE THAT IN ORDER TO POTENTIALLY APPROVE? YES.
SO 1475 ALLOWS, IF YOU MEET THE STANDARD IN 1475, THAT ALLOWS YOU TO CHECK OFF THE BOX THAT ELEMENT B WOULD PROVIDE.
AND THE KEY PHRASE, MR. HOLCOMB, AND CORRECT ME IF I'M WRONG, MR. BOARD ATTORNEY IS MAY, IT DOES NOT DIRECT, IT GIVES US THE OPTION, CORRECT? THAT'S CORRECT.
AND THEN, UH, FOR THE APPLICANT, THIS ADU, UM, WHAT IS THE APPRAISED VALUE OF THAT STRUCTURE? YOU GOT ME THERE.
YEAH, WE HAVE NO IDEA ABOUT IT.
I HONESTLY HAVE NOT, UH, CHECKED AND DIDN'T DATE IN DEPTH IN THAT I, I WOULD HAVE TO OKAY.
CAUSE THAT, THAT'S THE STRUGGLE HERE.
I MEAN, I JUST, WHILE WHAT YOU'RE TELLING ME SOUNDS REASONABLE AND EVERYTHING ELSE, YOU KNOW, WE'RE ONLY AUTHORIZED TO DO CERTAIN THINGS BASED ON THE STANDARD.
AND ONE WAY, YOU KNOW, I DON'T THINK YOU GUYS MEET ONE OF THESE STANDARDS.
AND SO I'M TRYING TO SEE WHETHER THIS OTHER METHOD WOULD BE INVOLVED.
DO YOU THINK THAT IF WE GAVE YOU ANOTHER MONTH, YOU MIGHT BE ABLE TO GET SOME OF THIS DATA ABOUT MEASUREMENTS? LOT SIZE APPRAISE.
UM, TO SEE HOW OR WHAT I CAN DO.
THIS HE DID YAY YEARS AGO AND THEN A COUPLE OF YEARS AGO, AND NOTHING WAS EVER, NO ONE SAID, HEY, YOU'RE NOT, THAT'S WRONG.
AND SO, UH, AND THEN A COUPLE YEARS AGO WE, WE REMODELED IT.
SO WE EVEN HELPED HIM MORE TO, TO FIX IT UP.
CUZ WE STAY THERE, WE WANT IT TO LOOK NICE, WE'RE TRYING TO MAKE THE NEIGHBORHOOD LOOK NICE AND, YOU KNOW, TRY TO KEEP THE APPEARANCE GOOD, WE'RE BETTER.
AND SO THAT WAS ANOTHER INVESTMENT.
SO THAT'S WHY WE NEVER, NOW IT HURTS EVEN MORE BECAUSE WE'RE LIKE, WELL IT'S BEEN THAT MUCH TIME AND WE HAVE NOW INVESTED THAT MUCH MORE IN THERE.
SO WE'RE HERE TO FIND OUT IF YOU MAY PLEASE OR IF HOW WE CAN UNDER UNDERSTOOD AND YEAH, SO THAT'S THE BURDEN OF, UM, PROOF IS ON THE APPLICANT, YOU GUYS TO, TO SHOW HOW YOU MEET THESE STANDARDS OR HOW YOU MEET THIS ALTERNATIVE STANDARD.
AND SO THAT'S WHY I'M ASKING THAT, THAT IF, IF WE WERE TO HOLD THIS CASE OVER, IF YOU'D BE ABLE TO GET MORE SUPPORTING EVIDENCE TO PROVE TO US, CUZ AGAIN, IT'S, IT'S YOUR BURDEN NO MATTER HOW MUCH WE WANT TO HELP YOU OR NOT HELP YOU, IT'S YOUR BURDEN TO SHOW US HOW YOU MEET THESE STANDARDS.
SO LET'S PONDER THAT THOUGHT, UH, THE PRESUMPTION AND THEN I'M GONNA GO TO YOU YOUNG MAN.
UH, YOU'RE YOUNG, MUCH YOUNGER THAN ME, THAT'S WHY YOU GET TO BE A YOUNG MAN.
UM, THE PRESUMPTION IS THAT TO MEET ONE OF THESE STANDARDS IS THE VALUE OF THAT EXTRA STRUCTURE IS NO MORE THAN ONE 20.
SINCE THE DEMOLITION 61 AND IT PASSES THE 50% THRESHOLD.
IF YOU WOULD LIKE TO, UH, MAKE A COMMENT, SIR, YOU'RE, YOU'RE, YOU'RE ALLOWED FIVE MINUTES IF YOU GIVE US YOUR NAME, ANGEL, AND ADDRESS, AND THEN SHE'S GONNA SWEAR YOU IN.
UH, MY NAME IS ANGEL VELASQUEZ.
UH, MY ADDRESS IS, UH, 24 27 COUNTY ROAD, 2134 CATTLE MILLS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENTS? PLEASE ANSWER.
UH, SO I JUST KIND OF CAME DOWN AND HELD MY SISTER IN RELEVANCE TO THE, UH, SIZE AND, UM, COMPARISON TO THE REST OF THE PROPERTIES ADJACENT TO US.
AND, UH, UH, I'M PRETTY FAMILIAR WITH THE MAJORITY OF ALL THE HOUSES BECAUSE AS A LOWER LITTLE KID, I HELP EVERYBODY MOW THEIR YARD, UH, CLEAN THEIR LEAVES OR WHATNOT.
UM, SO EVERYBODY HAS THAT GARAGE OR THE LITTLE GARAGE HERE, ANOTHER SHED THERE.
SO IN RED AS TO OUR PROPERTY, THE, THE YARD, THE YARD, UM, UH, SIZE OR WHATEVER IS AVAILABLE.
EVERYBODY STILL HAS THE SAME AMOUNT OF, UH, YARD OR I GUESS THE, ONE OF THE CONCERNS IS TO HAVE THE TREES OR, OR THE GREEN AREA, RIGHT? SO I THINK ALL THE HOUSES ARE THE SAME.
UH, AND WHAT WAS THE OTHER QUESTION? THE HOW MUCH IT'S WORTH? OH YEAH, THE WORTH.
[00:35:01]
SO MY QUESTIONS TO THAT IS, ARE WE SPEAKING HOW MUCH WAS IT WORTH IN COMPARISON TO WHEN IT WAS BUILT TO WHAT PRICES IN THE INDUSTRY ARE NOW? OR IT'S THE APPRAISED VALUE OF THE SPECIFIC STRUCTURE IN QUESTION THE ADU.SO IF THAT STRUCTURE HAS BEEN APPRAISED, THAT'S THE NUMBER WE'RE LOOKING FOR.
SO, SO THE STATE LAW PROVIDED AN ADDITIONAL OPTION FOR A BOARD OF ADJUSTMENT IN TEXAS IN A CASE LIKE THIS OR OTHERS THAT SAYS THE BOARD CAN WAIVE ONE OF THE REQUIREMENTS IF THERE THE COST OF COMPLIANCE IS GREATER THAN 50% OF THE APPRAISED VALUE OF THAT STRUCTURE.
THIS IS JUST THE LANGUAGE COMING FROM THE STATE LEGISLATURE THAT'S NOW BEEN CODIFIED IN CITY OF DALLAS ORDINANCE.
HENCE MR. HOLCOMB'S QUESTION WAS GOING TO THE VALUE OF THAT STRUCTURE, THE QUANDARY WE HAVE HERE TODAY, OR IN A FUTURE HEARING, IF THAT ENDS UP BEING THE CASE, I DON'T NECESSARILY THINK THAT SHOULD OR SHOULD NOT BE, BUT IS HOW THE APPLICANT WOULD SATISFY THE SPECIAL EXCEPTION ELEMENT AS WELL AS THE THREE VARIANCE ELEMENTS.
UH, IT'S A TOUGH ONE FOR ME BECAUSE OF THE ISSUE THAT IT WAS BUILT WITHOUT A PERMIT, BUT IT'S NOT AS TOUGH AS IT'S BEEN THERE FOR 15 YEARS.
UH, SO, YOU KNOW, I'M GETTING A LITTLE WHIPLASH TRYING TO BE RATIONALIZED THIS ONE, BUT IT'S BEEN HERE FOR SUCH A LONG TIME.
IT IS VERY TELLING TO ME TO SEE THE AMOUNT OF FEEDBACK THAT YOU'VE GOTTEN, WHICH IS ONE OF OUR CRITERIA.
UM, SO I'M JUST GIVING THE BOARD A LITTLE EDUCA EDITORIAL THOUGHT.
UH, DID YOU HAVE ANY OTHER COMMENTS THAT YOU WANTED TO MAKE? ARE THERE ANY OTHER SPEAKERS HERE THAT ARE REGISTERED TO SPEAK FOR OR AGAINST? NO OTHER SPEAKERS, SIR.
THANK YOU MS. BOARD SECRETARY.
UH, DID YOU, YOU SAID YOU HAD DIDN'T HAVE ANYTHING ELSE TO ADD AT THIS TIME? OKAY, THANK YOU VERY MUCH.
UM, OUR PROCESS IS THAT IN ORDER FOR US TO HAVE THE NEXT STEP, WE NEED TO HAVE A MOTION ON THE FLOOR AND THEN WE CAN DISCUSS THE MOTION.
SO THE CHAIR ENTERTAINS A MOTION.
MR, HOW COME I MOVE THAT? THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 0 HOLD THIS MATTER UNDER ADVISEMENT UNTIL AUGUST 15TH, 2023.
SO I MOVE THAT THE BOARD OF ADJUSTMENT AND NUMBER BDA 2 23 DASH 0 5 8 HOLD THIS MATTER UNDER ADVISEMENT UNTIL THE AUGUST 15TH.
IT'S BEEN MOVED BY MR. HALCOMB IN 2 23 0 5 8 TO HOLD THE ITEM UNDER ADVISEMENT UNTIL JUST FOR YOU ALL TO KNOW, UH, I THINK OUR AUGUST DATE IS AUGUST 15TH, SO YOUR DATE WOULD BE AUGUST 15TH.
IS THERE A SECOND? I'LL SECOND.
IT'S BEEN MOVED AND SECONDED IN THE ITEM OF 2 23 0 58, WHICH IS 71 28 HAZEL ROAD TO HOLD THIS MATTER UNDER ADVISEMENT TO AUGUST 15TH, AS IS OUR CUSTOM.
AND THE SECOND FOR FIRST DISCUSSION.
MR. HOW COME? UM, YEAH, I MEAN I THINK THIS, THIS, UH, PARTICULAR CASE AND SITUATION IS, UH, AS A WHOLE UNDERSTANDABLE AND JUSTIFIABLE.
HOWEVER, THERE'S CERTAIN ISSUES WITH THE STANDARD, UH, STANDARDS THAT ARE NOT MET.
AND I THINK SHOULD THE APPLICANT HAVE ANOTHER MONTH, THEY MAY BE ABLE TO PRODUCE EVIDENCE THAT INDICATES THEY CAN MEET THOSE STANDARDS OR THE 1475.
AND SO I'M HOPING BY, UH, GIVING THEM AN EXTRA MONTH TO, TO FAMILIARIZE THEMSELVES WITH THE PROCESS, THEY MAY BE ABLE TO, UH, PRESENT A STRONGER CASE.
SO, UH, ALLOW ME TO ASK YOU FOR YOUR BENEFIT FOR THE BOARD'S BENEFIT AND FOR THE APPLICANT BENEFIT, WHAT ARE THE THINGS IN PARTICULAR YOU THINK THAT THE APPLICANT NEEDS IN ADDITIONAL INFORMATION IN ORDER TO PROVE UP AT LEAST TO YOU AS ONE MEMBER? YEAH, MY BIG STRUGGLE IS, IS HOW THIS COMPARES TO THE NEIGHBORING PROPERTIES.
SO SOME SORT OF COMPARISON THAT SHOWS THAT THIS PARTICULAR LOT, UM, IS IRREGULAR OR HAS A CHALLENGE THAT THE OTHER LOTS DO NOT, OR MEETING THAT STANDARD THROUGH HB 1475 BY SHOWING THAT, UH, THE COST OF THE APPRAISED VALUE OF THE STRUCTURE, UM, IS SUCH THAT IT WOULD TAKE MORE THAN 50% OF THAT COST TO REBUILD.
MR. NERI, I CONCUR WITH MR. HOLCOMB.
UM, WHILE THERE IS A DEC AD RECORD OF THE MAIN STRUCTURE ON THIS PROPERTY, UM, I WOULD, I WOULD BE VERY INTERESTED TO GET IT TO RECEIVING OR SEEING AN APPRAISAL ON THE
[00:40:01]
ADU ITSELF, UM, THAT THAT PROVES THAT, YOU KNOW, YOU'RE, YOU'RE LOOKING AT, UH, MORE THAN 50%, UH, COST, UH, TO DEMOLISH THIS.SO THAT, THAT I'M LOOKING FOR THE SAME INFORMATION BASICALLY THAT MR. HULK IS.
THE MOTION ON THE FLOOR IS TO PO IS TO HOLD THIS ITEM OVER TO OUR AUGUST 15TH MEETING.
DISCUSSION ON THE MOTION, MS. DAVIS? UM, I, I DON'T SUPPORT THE MOTION JUST BECAUSE I, I DON'T THINK THE INFORMATION IS GOING TO HELP US MAKE A DECISION.
SO I WOULD, UM, I I'M NOT GONNA SUPPORT THIS CUZ I'M HOPING THAT WE CAN VOTE ON THIS TODAY JUST FOR EDIFICATION, AND CORRECT ME IF I'M WRONG, PLEASE, MR. BOARD ATTORNEY FOR A MOTION TO, TO HOLD OVER.
IT JUST REQUIRES A SIMPLE MAJORITY.
IT DOES NOT REQUIRE FOUR BECAUSE THIS IS NOT GRANTING AN ADDITIONAL USE.
SO THE, UH, THE CRITERIA FOR THIS MOTION TO HOLD OVER IS THE, THE, IT REQUIRES THREE AFFIRMATIVE VOTES IF WE WERE GRANTING A SPECIAL EXCEPTION OR GRANTING A VARIANCE IS WHEN THE 75% THRESHOLD RULE OF FOUR VOTES COME TO.
I JUST WANTED TO CLARIFY THAT.
THANK YOU FOR YOUR COMMENTS MS. DAVIS.
OTHER COMMENTS ON THE MOTION? HINT, HE INTENT MS. HAYDEN, UM,
UM, THIS, I'M SPEAKING TO MY BOARD PANEL, BUT I'M ALSO SPEAKING TO THE APPLICANT.
UH, IT IS NOT A GOOD THING TO BUILD A STRUCTURE IN OUR CITY WITHOUT A BUILDING PERMIT.
NUMBER TWO, UH, IT'S GONNA BE A STRETCH TO ACHIEVE THE ISSUE OF NECESSARY PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS IN SH AREA, SHAPE OR SLOPE.
UH, AND THREE, IT'S GONNA BE DIFFICULT TO BE ABLE TO VIEW THAT THIS IS NOT A SELF-CREATED HARDSHIP.
NOW, THIS THRESHOLD OF 50% OF THE PRAISE VALUE THE COMPLIANCE IS A POSSIBILITY.
YOU'LL NEED TO AVAIL YOURSELF OF HOW THAT APPLIES AND MAKE SURE THAT YOU, IF THE BOARD APPROVES THIS POSTPONEMENT, HOW YOU APPLY THAT AND YOU DO IT AN HONEST, FORTHRIGHT WAY ACCORDING TO THE RULES.
OKAY? BUT I WILL SAY, AGAIN, I'M BEING REPETITIVE.
ONE OF OUR CRITERIA IS ADV NOT ADVERSELY AFFECTING NEIGHBORING PROPERTIES AND NOT CONTRARY TO PUBLIC INTEREST.
ABSENT ANY OPPOSITION TODAY WITH ALL THE POSITIVE AND, AND IN, AND I WILL TELL YOU IT'S STRIKING TO ME AS ONE MEMBER THAT THE NEIGHBOR BEHIND YOU AND THE NEIGHBOR ON BOTH SIDES OF YOU ARE IN FAVOR.
THAT'S NOT CONCLUSIVE, BUT THAT'S TELLING.
UM, SO I WILL SUPPORT THE MOTION, BUT I'VE HOPED I'VE TRIED TO GIVE YOU SOME OF THE CRITERIA THAT MR. HALCOMB IS ESPOUSED AND THAT I'M ESPOUSING AND I JUST WOULDN'T, IF THE BOARD APPROVES THIS POSTPONEMENT, UH, IT'S NOT A GUARANTEE THAT'S APPROVAL.
THAT'S JUST SAYING WHAT WE'RE LOOKING FOR IN ORDER TO CONSIDER THIS.
SO I WOULD APPROACH IT TO TRY TO HIT THOSE MARKERS CUZ THAT'S, YOU'RE GONNA DEAL WITH THE SAME GROUP NEXT MONTH.
OKAY? UH, ANY OTHER DISCUSSION ON THE MOTION? HEARING YOUR HONOR, HEARING NO OTHER DISCUSSION ON THE MOTION? UH, BDA 2 23 DASH 0 5 8.
UH, THIS IS AT 71 28 HAZEL ROAD.
THE BOARD SECRETARY WILL CALL VOTE.
THIS IS THE MOTION TO POSTPONE TO AUGUST 15TH.
MOTION PASSES FOUR TO ONE IN THE MATTER OF 2 23 0 58.
WE'RE HOLDING THIS ITEM OVER, UH, UNDER ADVISEMENT UNTIL AUGUST 15TH.
WE'LL BE RIGHT HERE ON AUGUST 15TH.
WE HOPE TO SEE YOU THEN WITH ADDITIONAL INFORMATION.
GIVE US A MOMENT TO SWITCH GEARS.
YEAH, THAT IT, IT APPLIES FOR ALL THREE OF THEM.
AM I CORRECT? WE DON'T HAVE TO DO A POST MOTION FOR EACH MO.
SO THE ENTIRE CASE, THE CASE GOT MOVED.
THE THIRD MOTION IS NOT VALID.
[00:45:01]
WE'RE NOT GONNA WORRY ABOUT THAT TODAY, JUST SO, OKAY.LET ME GET, THIS IS POST, THIS IS HOLD OVER.
NEXT ON THE AGENDA IS BDA 2 23 DASH 0 6 3 BDA 2 23 DASH 0 6 3 AT 28 0 1 L LIPSCOMB WAY.
28 0 1 L LIPSCOMB WAY IS THE APPLICANT HERE, I THINK.
UH, OUR BOARD SECRETARY, FIRST OF ALL, HAVE YOU FILLED OUT A BLUE SLIP? UM, HE SIGNED ONLINE.
SO, UH, UH, BOARD SECRETARY WILL SWEAR YOU IN AND THEN WE'LL ASK FOR YOUR NAME AND ADDRESS AND THEN YOU'LL HAVE A CHANCE TO VISIT.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, SIR.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS, PLEASE.
YOU'RE A TALL GENTLEMAN, SO GET CLOSE TO THAT MICROPHONE.
I'LL, I'LL BEND DOWN A LITTLE BIT.
UM, THANK YOU FOR, UH, THE OPPORTUNITY.
OH, IT'S, MY NAME IS MACK MCWILLIAMS. MY ADDRESS IS 91 0 9 SEA GROVE, DALLAS, TEXAS.
MACK WILLIAMS. MACK WILLIAMS. THANK YOU.
AND I'M HERE TODAY TO REPRESENT THE, UH, THE APPLICANT.
UH, I THOUGHT I'D GIVE YOU A LITTLE BIT OF INFORMATION ABOUT SOUTH FAIR IN CASE YOU DON'T KNOW WHO THEY ARE.
BUT, UM, SOUTH FAIR COMMUNITY DEVELOPMENT CORPORATION, THEIR MISSION IS TO PROVIDE SUSTAINABLE, AFFORDABLE HOUSING FOR LOW AND MODERATE INCOME FAMILIES THROUGH MULTIFAMILY, SINGLE FAMILY ECONOMIC DEVELOPMENT, HOME BUYER COUNSELING AND SOCIAL SERVICES.
THEIR FOCUS IS DEDICATED TO THE JEFFREY MYERS NEIGHBORHOOD, WHICH IS BORDERED BY I 30 MARTIN LUTHER KING BOULEVARD CENTRAL EXPRESSWAY, AND ROBERT V. COMBS BOULEVARD.
OUR UH, HALF ACRE SITE IS LOCATED AT THE INTERSECTION OF VAL LIPSCOMB WAY, MALCOLM X BOULEVARD IN MARYLAND STREET.
THE SITE IS LOCATED WITHIN PD 360 3, SUB AREA THREE AND WITHIN PEAKS BRANCH FLOOD ZONE.
UH, THE SITE PLAN SHOWS THE, UH, PROPOSED BUILDING WITH PARKING IN THE REAR.
UH, WE HAVE TWO ACCESS DRIVES AND ONE TO MALCOLM BOULEVARD AND ONE TO MERLIN STREET.
THE PROPOSED USE IS AN 1800 SQUARE FOOT RESTAURANT, 3000 SQUARE FEET OF PERSONAL SERVICE OR OFFICE SPACE.
THE BUILDING HAS BEEN SIZED AS A MINIMUM FOR A COMPETITIVE BUSINESS OPERATION.
THE RESTAURANT WILL NOT HAVE A DRIVE THROUGH OR INDOOR DINING, AND WE ANTICIPATE THAT A HIGH PERCENTAGE OF THE ORDERS WILL BE ONLINE.
UH, EXAMPLE WOULD BE LIKE A WING STOP OR PIZZA PICKUP DELIVERY.
THE MAXIMUM DURATION FOR A CUSTOMER IS EXPECTED TO BE ABOUT 10 TO 15 MINUTES.
UH, THERE ARE 25, UH, TOTAL PARKING SPACES PROVIDED ON SITE, INCLUDING TWO HANDICAP SPACES AND 12 BICYCLE PARKING SPACES.
SO WE ARE SEEKING A VARIANCE OF SIX SPACES, WHICH INCLUDES A DISCOUNT OF TWO SPACES FOR THE BICYCLE PARKING.
THE SITE IS LOCATED WITHIN A FIVE MINUTE WALKING DISTANCE OF EDMOND VILLAGE APARTMENTS, PARK ROW, AND EDGEWOOD RESIDENTIAL DEVELOPMENTS.
A PROPOSED TOWN HOME DEVELOPMENT CALLED MALCOLM'S POINT TWO, WHICH WILL BE DIRECTLY ACROSS THE STREET ON MELIN STREET.
UH, THERE IS SEVERAL, UH, EMPLOYERS NEARBY THAT WILL GENERATE WALK-UP CUSTOMERS SUCH AS BILLY DAY MIDDLE SCHOOL, SOCIAL SECURITY ADMINISTRATION, BAYLOR SCOTT AND WHITE, AND MANY OTHER LOCAL BUSINESSES IN THEIR AREA.
I, UM, MERLIN STREET DOES HAVE THE CAPACITY FOR SEVEN ON STREET PARKING SPACES, UM, SHOULD BE CONSIDERED AS ALTERNATE SOLUTION FOR THE OVERFLOW PARKING.
UH, THIS SHOWS THE EXISTING PEDESTRIAN AND TRANSIT INFRASTRUCTURE AND THE, AND THE VICINITY OF THE SITE, UH, SIDEWALKS, CROSSWALKS, AND THERE'S TWO BUS STOPS ON, UH, MALCOLM X.
UH, BASED ON THE ORDINANCE, THE SETBACK OF 15 FEET IS REQUIRED ON ALL THREE SIDES, ALL THREE STREETS, WHICH REDUCES THE BILLABLE AREA.
ADDITIONALLY, THE PEAKS BRANCH FLOOD
[00:50:01]
ZONE HAS AN IMPACT ON THE B BUILDING, FINISHED FLOOR ELEVATION, ADJACENT WALKWAYS, PATIOS, AND, AND IS REQUIRED TO BE THREE FEET ABOVE, UH, THE EXISTING CURB.SO WE ARE REQUESTING A VARIANCE TO THE SETBACK REQUIREMENT TO ALLOW THE PLACEMENT OF THE PATIO, THE BIKE PARKING TO BE ALLOWED WITHIN THE BUILDING SETBACK.
COULD YOU GO BACK ONE SLIDE? YES.
YEAH, I'M NOT GONNA COUNT AGAINST YOUR TIME.
TELL ME AGAIN, WHAT'S THE RED, WHAT'S RED HIGHLIGHTED THERE OR IN THE RED BOX? I CAN'T SEE IT ON MY SCREEN.
WELL, YEAH, WE'RE SHOWING WHAT'S IN THE, WHAT'S IN THE SETBACK, SO THAT'S WHAT I WAS HOPING FOR.
SO THE PATIO, THE, THE STAIRS AND, UH, SOME OF THE, UH, ADJACENT SIDEWALKS AND, UM, SO PART OF THE BASIS, AGAIN, THIS WON'T COME AGAINST YOUR TIME, DON'T WORRY.
I, UM, UH, SO THE RED BOX INDICATES THE AREAS THAT ARE ENCROACHING ON THE AREA THAT YOU NORMALLY WOULD HAVE TO BE SET BACK? THAT'S CORRECT.
I'M ABSORBING BEHIND THE BUILDING IS THE BUILDING IS BEHIND THE BUILDING, THE SETBACK.
SO THE ENCROACHMENTS THAT WE'RE ASKING FOR THE STAIRS AND THE PATIO.
AND WE FEEL LIKE THE PATIO IS IMPORTANT TO THE STRUCTURE CUZ IT'S AN OPEN PATIO AND IT KIND OF INVITES THE NEIGHBORHOOD TO COME INTO THE, INTO THE OKAY.
THAT DIDN'T GO AGAINST YOUR TIME.
WELL, I, I'M FINISHED, I'M DONE.
I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
UM, QUESTIONS FOR THE APPLICANT, MS. HAYDEN? SO I, I THINK YOU, YOU MENTIONED, I THINK I HEARD YOU MENTIONED IT'S IN THE PEAKS BRANCH FLOOD ZONE.
SO YOU HAD TO ELEVATE THE FINISHED FLOOR THREE FEET? YES.
DID I HEAR THAT COMING? SO THE BUILDING, THE BUILDING FINISHED FLOOR IS RAISED BY THREE FEET.
SO, SO THAT'S IT KIND OF, IT'S, YOU KNOW, IT'S A HARDSHIP TO THE, TO THE SITE CUZ WE'VE GOTTA, YEAH, WE GOTTA BUILD HANDICAP RAMPS TO, TO GET UP IN, INTO THE BUILDING.
AND SO IT'S UH, YOU KNOW, IT'S JUST, IT'S KIND OF AN INCONVENIENCE TO BE THREE FEET ABOVE THE STREET GRADE THERE.
WELL WHEN HE SAID THAT, THAT BUZZED RIGHT PAST ME, I GUESS.
SO IT'S IN A FLOOD ZONE, IS THAT WHAT I'M HEARING? IT'S IN THE YES.
AND DOES THAT MEAN THAT THE, THE STRUCTURE IS THAT, IS THAT IMPACTING YOUR RE RE REQUEST FOR THE VARIANCE OR IS THAT JUST NO, THAT'S HOW YOU HAVE TO ELEVATE THE BUILDING.
THAT'S AN IN, THAT'S AN ENGINEERING REQUIREMENT.
DOES THAT, UH, IMPERIL THE USE OF THE PROPERTY THEN? NO, THAT THE, THE THREE FEET IS A STANDARD, UM, HEIGHT TO BE ABOVE A HUNDRED YEAR FLOOD ELEVATION.
SO, WELL I WAS GIVING YOU A BENNY THERE CUZ ONE OF OUR CRITERIA IS NECESS NECESSARY PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER LAND BEING USED FOR RESTRICTIVE AREA SHAPED SLOPE.
AND IT CANNOT BE DEVELOPED IN A SIMILAR, SEE I WAS GIVING YOU A LITTLE BENNY CHIP THERE.
OH, HOW ABOUT THAT? I DIDN'T SAY IT WAS, I JUST LED YOU TO WATER.
IT IS A HARDSHIP CAUSE YOU HAVE TO LITERALLY TO BUILD HANDICAP RAMP TO GET UP TO THE, AND I JUST, AS SOON AS I UNDERSTAND THE FLOOD ZONE, NO THEN I'M THINKING OKAY.
I'M SORRY MS. HAYDEN, DID YOU HAVE ANYTHING ELSE ON YOUR FLOOD ZONE THERE? NO, THAT, SHE'S OUR RESIDENT ENGINEER SO SHE PICKS UP ON THIS STUFF.
YEAH, THAT, THAT ANSWERED MY QUESTION.
UM, SO I'M COMPARING, UH, THE SAME DIAGRAM WE HAVE IN OUR DOCKET, BUT IT DOESN'T HAVE THE HELPFUL RED BOXES.
SO I JUST WANNA MAKE SURE I WAS UNDERSTANDING CORRECTLY CUZ IT'S VERY SMALL PRINT ON OUR SCREENS.
WHAT PAGE ARE YOU ON? I AM ON, UH, DOES NOT APPEAR TO BE NUMBERED.
IT IS RIGHT AFTER THE LETTER, UH, LETTERS FROM NEIGHBORS, THE BACKSIDE OF THE PAGE THERE.
IS IT THE ONE THAT SAYS CONCEPT SITE DIAGRAM? YES.
SO, SO BASED ON THAT AND THE, THE OTHER DIAGRAM, I'M JUST LOOKING YOU, UH, FOR YOU TO CONFIRM SOME INFORMATION.
THE THREE THINGS THAT WERE WITHIN THE SETBACK WERE THE TWO PATIOS AND THEN A STAIR CASE ON THAT'S AT THE EAST SIDE.
UH, I THINK THAT'S ON MALCOLM X YES.
SO, SO THAT STAIRWAY IS A RESULT OF THE FLOOD ZONE THEN YOU HAD TO ELEVATE THE PROPERTY YES.
IN ORDER TO GET UP TO THE FINISH FLOOR.
AND AND YOU COULDN'T SET IT BACK AT ALL BECAUSE I THINK YOU MENTIONED THE ADA, UH, SORT OF SLOPE.
YOU NEVER KNEW THAT A FLOOD ZONE WOULD HELP YOU.
I I JUST WANNA CLARIFY, THE RESTAURANT DOES NOT HAVE INSIDE SEATING? UH, NO INDOOR, UH, NO INDOOR DINING OR NO DRIVE-THROUGH.
SO IT'S JUST BASICALLY JUST PICK UP AND GO BASICALLY JUST FOR, UH, PICK UP DELIVERY, UH, ONLINE DELIVERY OR ONLINE ORDERING AND THEN PICK UP.
[00:55:01]
AT THE BRIEFING THIS MORNING, I DON'T KNOW IF YOU WERE HERE OR LISTENED IN, ONE OF MY QUESTIONS WAS ABOUT THIS WHOLE ISSUE OF BICYCLE AND THE RATIO OF BAR BICYCLE PARKING SPACES AND HOW IT GIVES YOU CREDIT FOR REGULAR SPACES.AND I WAS TOLD SIX FOR ONE, SO FOR SIX BICYCLES, AM I CORRECT MS. BAR? OKAY, GOOD.
IT'S FOR EVERY SIX YOU GET ONE CREDIT IN THE REGULAR.
DO YOU REALLY THINK THAT THIS AREA IS GONNA GENERATE A LOT OF BICYCLE TRAFFIC? WELL, UH, CAUSE YOU'RE, YOU'RE, YOU'RE PROFESSING 12.
WELL, I'M IN ANY COMMERCIAL PROPERTY.
THE CITY OF DALLAS REQUIRES YOU TO PUT IN BIKE PARKING.
BUT 12, THEY DON'T, WELL, I DON'T KNOW WHAT I, I KNOW THAT THEY DO REQUIRE YOU TO PUT IT IN REGARDLESS OF WHETHER OR NOT THERE'S A HIKING BIKE TRAIL NEAR YOUR BUILDING.
THEY DO REQUIRE YOU TO HAVE, UH, BICYCLE PARK.
SO IT'S, IT IS PART OF THE CODE.
WE'RE TRYING TO TAKE ADVANTAGE OF IT TO DE DECREASE OUR PARKING.
I DON'T BLAME YOU TAKING ADVANTAGE OF IT.
I'M JUST BEGGING THE QUESTION OF 12 BICYCLE RACKS.
SEEMS A LOT OF THAT SEEMS LIKE A LOT OF BICYCLE TRAFFIC.
AND WE JUST WANNA MAKE SURE THAT WE ARE, WE HAVE PLENTY OF PLACES FOR ALL THOSE BICYCLE PEOPLE THAT COME TO VISIT THIS PLACE.
AND I ASKED THIS MORNING WHETHER THERE ARE ANY BIKE LANES IN THE AREA AND I THINK THE STAFF TOLD ME HE SAID NO, THEY DID NOT SEE ANY, DON'T THINK SO.
LET ME LOOK AND SEE IF I HAVE ANY OTHER QUESTIONS AT THIS JUNCTURE.
DID YOU, UH, ARE YOU AWARE OF ANY OPPOSITION FOR YOUR REQUEST? UH, WE DO NOT KNOW OF ANY, NO.
QUESTIONS FROM THE PANEL FOR THE APPLICANT? MS. OH, GO AHEAD.
JUST, JUST TO CONFIRM THE, THE SETBACK, UM, THE, THE, OH ABOUT ITEMS, THE SCHOOL THAT WOULD BE WITHIN THIS SET SETBACK ARE, DID YOU ASK THAT? ARE THE STAIRCASE, THE PATIO AND THE BIKE? IS THAT YOUR SIR? YES, THAT'S CORRECT.
SO, UM, SO THERE WAS A QUESTION OF THE BRIEFING THIS MORNING ALSO ABOUT THE BLOCK FACE CONTINUITY AND THAT YOU'RE REQUESTING A SETBACK OF EIGHT FEET.
HOW DOES THAT COMPORT WITH THE SETBACK OF THE SCHOOL THAT IS DIRECTLY TO THE WEST, IF YOU OKAY.
WE, WE DID, WE DID CHECK INTO THAT PLEASE.
NOW THE SETBACK FOR THE BUILDING FROM THE PROPERTY LINE TO THE BUILDING IS 50 FEET.
SO WE HAVE A 15 FOOT, I I THINK I SAW IT.
IT'S A BIG PARKING LOT IN FRONT OF THE SCHOOL.
IS THAT WHAT I THINK? THAT'S WHAT I SAW IN THE BRIEFING, YES.
IS THAT OKAY? UH, MS. WILLIAMS, DO WE HAVE ANY OTHER SPEAKERS REGISTERED FOR THIS CASE? NO OTHER SPEAKERS, SIR.
THANK YOU MS. WILLIAMS. WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? THE CHAIR WOULD ENTERTAIN A MOTION.
MS. HAYDEN, UM, I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH 0 6 3 ON APPLICATION OF ANNIE EVANS GRANT, THE EIGHT FOOT VARIANCE TO THE FRONT, 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 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 SUBMITTED SITE PLAN IS REQUIRED IN THE MATTER OF 2 23 0 6 3.
MS. HAYDEN MOVED TO GRANT THE VARIANCE.
IS THERE A SECOND? I'LL SECOND.
MR. HOLCOMB SECONDED THE MOTION, MS. HAYDEN DISCUSSION ON THE MOTION.
UM, SO SOME OF THE CRITERIA THAT WE HAVE TO LOOK AT IS THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
WE DO NOT HAVE ANY, UH, LETTERS OF OPPOSITION OF THIS.
UM, AND THEN IT'S NECESSARY TO PERMIT DEVELOPMENT OF SPECIFIC PARCEL OF LAND THAT DIFFERS FROM OTHER PARCELS.
IN THIS CASE, THE FACT THAT IT'S IN THE PEAKS BRANCH FLOOD ZONE MAKES IT, UH, A LITTLE BIT UNIQUE IN THAT REGARD IN THAT THE FINISHED FLOOR ELEVATION HAS TO BE THREE FEET ABOVE THE EXISTING GROUND AS WELL.
THE, UH, THE ITEMS THAT ARE WITHIN THE SETBACK ARE NOT THE BUILDING STRUCTURE THEMSELVES, IT'S JUST THE STAIRS, PATIO AND BIKE RACKS.
UM, WHO'S SECOND THE MR. HOLCOMB DISCUSSION ON THE MOTION? YEAH, I, I, I AGREE WITH EVERYTHING MS. HAYDEN SAID.
UH, I ALSO WANNA POINT OUT THAT THERE'S LIKE A EIGHT-ISH PAGE, UH, MEMO IN HERE THAT GOES THROUGH THE WHOLE STANDARDS PROVIDED BY THE APPLICANT.
AND, UH, IT, IT WAS VERY HELPFUL FOR ADDRESSING MY QUESTIONS, MY CONCERNS,
[01:00:01]
AND, AND IT GIVES ME FULL CONFIDENCE THAT, UH, THIS, THIS REQUEST IS REASONABLE.DISCUSSION ON THE MOTION HEARING, NO DISCUSSION.
UH, IN THE MATTER OF BDA 2 23 0 63, THE MOTION ON THE FLOOR IS TO GRANT THE EIGHT FOOT VARIANCE.
THE BOARD SECRETARY WILL CALL FOR A VOTE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 22 3063.
THE BOARD UNANIMOUSLY, FIVE ZERO APPROVES GRANTS YOUR EIGHT FOOT VARIANCE.
IS THERE A SECOND MOTION MS. HAYDEN? THERE IS TWO OF TWO.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 3 ON APPLICATION OF ANTI EVANS GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 25 FEET OF OFFS, STREET PARKING SPACES TO THE OFFS, STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 33 OFFS, STREET PARKING SPACES BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT PROP 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 A FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER, FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
THE SPECIAL EXCEPTION OF SIX SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT WITHOUT A DRIVE-IN OR DRIVE-THROUGH USE IS CHANGED AND DISCONTINUED.
IT'S BEEN MOVED IN 22 0 3 0 63 TO GRANT THE SPECIAL EXCEPTION FOR PARKING BY MS. HAYDEN.
IS THERE A SECOND? I WILL SECOND MR. HOLCOMB.
MS. HAYDEN? UH, JUST DUE TO THE FACT THAT THE, UH, RESTAURANT THAT'S PROPOSED WILL NOT HAVE INDOOR SEATING, UM, TO ME CONSTITUTES THE, THE, UM, I GUESS OUR RACHEL APPROVAL OF THIS VARIANCE REQUEST, OUR BOARD OF ATTORNEYS ADVISED ME THAT WE NEED TO MODIFY THE MOTION.
SO, UM, YES, THERE WAS MR. HOW COME SECOND THE MOTION.
SO IF YOU'LL GIVE US ONE SECOND AND WE'RE GONNA HAVE A LEGAL CLARIFICATION, AND THEN WE, MOST LIKELY SHE'S GONNA WITHDRAW HER MOTION AND START AGAIN.
SO MS. DOES, DOES SHE NEED TO WITHDRAW HER MOTION? MM-HMM.
SO, MS. HAYDEN, WILL YOU WITHDRAW YOUR MOTION, MR. CHAIR? I'D LIKE TO WITHDRAW MY MOTION.
IT WILL THE SECOND ALLOW THE, WITH MOTION TO BE WITHDRAWN.
I DO THE MOTION'S HERE BY WITHDRAWN MS. HAYDEN IN THE MATTER OF 2 23 0 6 3 FOR PARKING.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 3 ON APPLICATION OF ANNIE EVANS GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 25 OFF STREET PARKING SPACES TO THE OFF-STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 33 OFFS, STREET PARKING SPACES BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
AND THE PARKING DEMAND GENERATED BY THESE USE DOES NOT WARRANT THE NUMBER OF REQUIRED DRI 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 OF THE DALLAS DEVELOPMENT CODE.
THE SPECIAL EXCEPTION OF SIX SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE RESTAURANT OFFICE AND PERSONAL USE IS CHANGED OR DISCONTINUED.
IT'S BEEN MOVED, UH, TO GRANT BY MS. HAYDEN 22 3 0 6 3.
IS THERE A SECOND? I WILL SECOND MR. HOLCOMB SECOND.
THE MOTION DISCUSSION ON THE MOTION.
MS. HAYDEN? I, I BELIEVE THAT THE, UM, THE RESTAURANT THAT IS, UM, PROPOSED FOR THIS SITE IS A JUST GRAB AND GO RESTAURANT WITH NO INDOOR SEATING AND THAT, UM, THAT THE SPECIAL EXCEPTION IS GRANTED BECAUSE IT WILL NOT REQUIRE THE NUMBER OF PARKING SPACES THAT IS REQUIRED.
MR. HOLCOMB? UM, I, I AGREE WITH ALL THAT.
AND THEN ALSO THE, THE FACT THAT THERE'S A NEARBY, UH, RESIDENTIAL APARTMENT, UH, WHICH WOULD IMPLY WALKING DISTANCE AS OPPOSED TO TO CAR USAGE ALSO AND ALL THOSE BICYCLES.
THE, THE MOTION'S BEEN MADE AND SECONDED.
UM, ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE IN BDA 22 363 REGARDING THE PARKING OFF-STREET PARKING SPECIAL
[01:05:01]
EXCEPTION, THE BOARD SECTION WILL CALL FOR A VOTE.MOTION PASSES FIVE TO ZERO IN THE MATTER OF 22 3 0 6 3.
THE BOARD GRANTED, UH, UNANIMOUSLY GRANTED YOUR REQUEST FOR SPECIAL EXCEPTION, YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
WE APPRECIATE YOU COMING DOWN.
THE NEXT ITEM ON OUR AGENDA IS BDA 2 2 3 0 65 BDA 2 2 3 0 65.
THIS IS AT 26 0 3 INWOOD ROAD.
IS THE APPLICANT PRESENT MR. APPLICANT? I JOKED WITH OUR, OUR, I JOKED WITH OUR BOARD ATTORNEY THAT, UM, UM, ALL APPLICANTS ARE MY FAVORITE.
SO WE'RE GLAD YOU'RE HERE TWICE TODAY.
YEAH, WE'RE VERY GLAD YOU'RE HERE TWICE TODAY.
AND I ACTUALLY CAME AND WENT TWICE BECAUSE OKAY.
THAT YOU'RE HERE FOUR TIMES THEN.
WELL, YEAH, BECAUSE I SAW THAT WE HAD COMPUTER PROBLEMS YES.
BEFORE, SO I WENT AND PRINTED OFF MY PRESENTATION.
YOU'RE VERY SMART'S WHY YOU'RE, THAT'S WHY YOU'RE A HIGH PRICED GUN 10 YEARS AGO.
SO, UM, IF YOU GUYS, SO, SO WE HAVE TO, WE HAVE TO GET, YOU HAVE TO GET SWORN IN AND ALL THAT FIRST.
I JUST WANNA MAKE SURE YOU GUYS ARE OKAY WITH DOING IT.
OUR BOARD SECRETARY PROVIDED US WITH THIS, SIR, WITH THIS POWERPOINT.
UM, I WAS JUST GIVING YOU A LITTLE JOUSTING FURTHER.
BUT I APPRECIATE YOU BEING HERE IN PERSON.
SECRETARY, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH TO YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
SO OUR RULES STATE THAT YOU HAVE FIVE MINUTES PLUS REBUTTAL TIME, BUT I'M BEING REASONABLE TODAY.
SO, UH, IT ALL DEPENDS ON HOW MANY SPEAKERS, BUT I THINK YOU'RE FINE.
I OFFICE AT 39 0 4 ELM STREET, SUITE B IN DALLAS.
AND I'M HERE REPRESENTING BOTH THE PROPERTY OWNER AND THE RESOURCE CENTER WHO'S ACTUALLY THE PROPOSED TENANT FOR THIS CLIENT.
I WANT TO ASK, DID Y'ALL GET A COPY OF MY, UH, LETTER FROM JUNE 23RD THAT I WROTE TO YOU GUYS THAT WAS SUPPOSED TO BE PUT IN THE PACKET? BECAUSE THAT WOULD'VE ANSWERED A LOT OF THE QUESTIONS THAT YOU HAD THIS MORNING.
IF NOT, I'M NOT GONNA READ IT, BUT I'LL GO OVER IT.
MS. DUNN, DID WE NOT GET THAT IN OUR PACKETS? THE SENIOR PLANNER WOULD'VE SENT THAT IF IT WOULD SUBMIT IT BEFORE THE DOCUMENTARY EVIDENCE DEADLINE.
WHAT WAS THE DATE OF YOUR LETTER? I DIDN'T HEAR IT ALL.
IT WAS, SHE SAID IT WOULD'VE BEEN SENT IF WE GOT IT BEFORE THE DOCUMENTARY DEADLINE, WHICH IS 10 DAYS, DAYS.
I TURNED IT IN ON, UH, JUNE 23RD OR JUNE 24TH IN THE DOCUMENT.
TODAY'S DEADLINE WAS TODAY THE 18TH OF JULY.
SO CAN YOU, IS THERE A WAY TO GET AN EASY COPY OF THAT? SO THAT SHOULD BE, OH, I'LL JUST GO OVER IT IF YOU HAVE MORE QUESTIONS.
WELL, THAT SHOULD BE IN OUR PACKET, AND I WANNA MAKE SURE THAT APPLICANTS, THAT WE GET ALL THE INFORMATION THE APPLICANT INTENDS.
I CAN, I CAN LEAVE IT WITH THE SECRETARY SO IT GETS INTO THE, THE RECORD.
SO HOW ABOUT, HOW ABOUT IF YOU'D HAND THAT TO MS. WILLIAMS AND WE'LL DO A SCAN AS WE GO.
UM, BUT THAT WILL BE IN THE RECORD, SO THANK YOU.
SO MS. MS. DUNN, WHAT'S THE PROCEDURE ON THIS? UH, THE PROCEDURE IS FOR THE APPLICANT TO SEND IT TO THE SENIOR PLANNER OF RECORD OR BDA REPLY.GOV.
AND IT IS TO BE, UH, TAKEN OUT OF THAT, UH, REPLY.GOV EMAIL BY BOARD SECRETARY OR SENIOR PLANNER IN PLACE INTO THE Z DRIVE.
AND THE, AND THE DEADLINE IS 10 DAYS BEFORE, UH, BEFORE THE HEARING? YES.
YES, THE HEARING, BECAUSE IT HAS TO MAKE IT, UH, TO THE ATTORNEY, OR IT'S DESIRABLE THAT IT MAKES IT TO THE ATTORNEYS WHEN THE ATTORNEYS ARE LOOKING OVER THE BOXES.
WELL, IT'S DESIRABLE FOR US TOO, COR, FORGET THE ATTORNEYS WE WANT.
WE WANNA BE THE ONE SEEING THAT LETTER.
SO IF YOU WOULD MAKE SURE THAT THAT SYSTEM'S IN PLACE AND WORKING, BECAUSE WE NEED THE INFORMATION THAT COMES FROM THE APPLICANT.
I BELIEVE MARY COULD PROBABLY PULL IT UP.
DO YOU HAVE ACCESS TO IT, MARY? BUT MY POINT IS IT SHOULD HAVE BEEN IN THE PACKET.
BUT, BUT IF THE VIEWING AUDIENCE, I'M TALKING ABOUT THE BOARD, THE OKAY.
AND SO THEY SHOULD HAVE BEEN IN THE PACKET.
AND SO IF IT WASN'T IN THE PACKET, THEN THAT'S THE PROCESS.
UH, WHY IT DIDN'T MAKE IT, UH, I DON'T KNOW.
SO WE'RE GONNA PASS THAT LETTER AROUND AND YOU MAY PROCEED AND WE'LL GIVE YOU SOME EXTRA TIME.
SO, LIKE I SAID, ROB BALDWIN, I'M REPRESENTING, UH, MY CLIENT IS BOTH THE PROPERTY OWNER AND THE RESOURCE CENTER OF DALLAS.
UH, THE RESOURCE CENTER PROVIDES, UH, COMMUNITY SERVICE AND, UM, GENERALLY LIFE HELP
[01:10:01]
FOR THE L B G Q COMMITTEE COMMUNITY IN DALLAS.UH, AND THEY CURRENTLY HAVE A FACILITY OVER BY OLD PARKLAND AT THE CORNER OF, UH, CONGRESS AND REAGAN.
THEY'RE GONNA SELL THAT FACILITY AND MOVE INTO THIS BUILDING, WHICH WAS PREVIOUSLY AN OFFICE BUILT IN 1968, ABOUT 19,000 SQUARE FEET.
UH, IT PARKS GREAT AS AN OFFICE, BUT WHEN YOU MOVE IT TO A COMMUNITY SERVICE CENTER, IT PARKS INSTEAD OF THREE SPACES PER THOUSAND SQUARE FEET, IT REQUIRES, UH, FIVE SPACES PER THOUSAND SQUARE FEET.
SO THAT'S, THAT'S THE GIST OF THE REQUEST.
THE PARKING LOT, UM, IS GONNA BE RE SOME OF IT'S GONNA HAVE TO BE REP PAVED AND RETRIED BECAUSE, UH, THE CURRENT PROPERTY DON'T JUST PAVED ENOUGH TO, TO ACCOMMODATE THE, THE OFFICE.
IS THIS YOUR APPLICATION? SAYS I AM ZONING? I I BELIEVE IT IS.
I'M JUST LOOKING BACK TO YOUR APPLICATION SAYS I AM.
REQUIRE THE STEPPED UP PARKING? IS THAT, WHAT'S THE TRIGGERING THAT AND THE PARKING IS TIED TO THE USE AND NOT THE ZONING.
SO MOST TIMES, MOST ZONING DISTRICTS, A COMMUNITY SERVICE CENTER NEEDS A SPECIFIC USE PERMIT AND AN U CAN ADJUST THE PARKING WITH THE SPECIFIC USE PERMIT.
BUT SINCE THIS IS ALLOWED BY RIGHT.
WE CAN ONLY ADJUST THE PARKING BY GOING THROUGH THE, THE BOARD OF ADJUSTMENT.
WAIT A MINUTE, WE HAVE A QUESTION.
OKAY, MS. UH, MY STAFF IS TELLING US THEY HAVE AN INTERESTING, UH, A RELEVANT COMMENT AT THIS POINT.
MS. BARUM, UH, THE ZONING DISTRICT IS ACTUALLY IR DISTRICT.
AND WE HAD REVISED THAT ON THE APPLICATION, BUT THEN WE CHANGED THE APPLICATION AND IT WASN'T CORRECTED ON THAT ONE.
SO I'M, I BELIEVE ON THE, THE ONE THAT YOU, SO IS IT IM, OR IR? IT SOUNDS TO ME LIKE IT'S IR AND I IT'S IN HERE.
IT SAYS, THE STAFF'S SAYING IT'S, I AM IN THE BILL REPORT.
SO WE'RE CONFUSED BECAUSE THERE ARE TWO APPLICATIONS THAT CAME IN, MR. CHAIR, THAT INCORRECT.
THE USE IS ALLOWED IN BOTH DISTRICTS.
UH, BUT, BUT I'M GOING, I'M GOING FOR HIS ACCURACY.
I WOULD SUSPECT IT'S AN IR DISTRICT CUZ I AM IS THE HEAVIEST ZONING DISTRICT, AND I PROBABLY MESSED UP WHEN PUT THE APPLICATION TOGETHER.
IF YOU CAN LOOK AT YOUR FIRST PAGE OR YOUR SECOND PAGE.
WE ARE RIGHT OVER BY LOVE FIELD, UH, INWOOD, JUST NORTH OF, UH, MAPLE AVENUE.
UH, THE NEXT PAGE SHOWS WE'RE IN THE GREEN OVER HERE.
THE DART STATION IS RIGHT ACROSS THE STREET IN THE BLUE.
SO, UM, THERE'S A, A CROSSWALK, UH, RIGHT, YOU KNOW, A HUNDRED FEET FROM OUR FRONT DOOR AS A CROSSWALK WILL LEAD YOU RIGHT INTO THE DART STATION.
NOT ONLY THAT, THERE'S AN, UH, THIS IS THE INWOOD DART STATION.
THERE'S A, THE MEDICAL DISTRICT DART STATION WITHIN ABOUT A 15 MINUTE WALK.
SO WE'RE, WE'RE WELL, WELL SERVED BY, UH, UH, TRAINS.
AND ALSO, UH, DART BUS ROUTE 2 23 COMES RIGHT DOWN INWOOD, AND THERE'S A BUS STATION RIGHT ON THE CORNER OF OUR PROPERTY.
UM, THAT BEING SAID, AS AN ADDED BONUS, UM, RIGHT BEHIND HERE, UH, IT'S KIND OF WEIRD.
THEY USED TO STORE OLD BOATS BACK RIGHT BEHIND OUR PROPERTY.
UM, THOSE BOATS HAVE BEEN REPLACED.
IT'S UNDER CONSTRUCTION FOR SENIOR LIVING L B G Q, UH, FACILITY WITH 85 UNITS.
THEY ARE, IT'S OWNED BY, UH, THE RESOURCE CENTER.
SO A LOT OF OUR CLIENTS WILL JUST HAVE TO WALK ACROSS THE STREET TO GET TO OUR FACILITY, THEREBY REDUCING MORE OF THE PARKING.
UH, THE RESOURCE CENTER'S BEEN IN THIS AREA FOR A LONG, LONG TIME, KNOWS WHO ITS CLIENTS ARE, AND KNOWS HOW PEOPLE GET THERE.
AND A LOT OF THEIR CLIENTS ARE PEOPLE OF NOT GREAT MEANS.
SO THEY RELY ON, UH, DART AND OTHER WAYS TO GET AROUND.
UH, SO THEY'RE CONFIDENT THAT THERE'S GONNA BE ENOUGH PARKING STAFF HAS REVIEWED THIS AND THEY'RE COMFORTABLE THAT WE HAVE ENOUGH PARKING AS WELL.
SO THE NEXT PAGE IS OUR REQUEST.
WE'RE SPEAKING, SEEKING A SPECIAL EXCEPTION OF 10 PARKING SPACES.
WE'RE RIGHT ABOUT 10%, UH, TO ALLOW THIS TO MODIFY THIS BUILDING FROM AN OFFICE TO COMMUNITY SERVICE CENTER AND A COMMUNITY SERVICE CENTER.
IF YOU DON'T KNOW, IT'S A, IT HAS A WIDE RANGE OF USES.
SO THERE'S OFFICE USES IN THERE, THERE'S LIGHT MEDICAL, UH, IN THERE, UH, MEDICAL CLINICS.
THERE MIGHT BE SOME FOOD PANTRY THERE, THERE SHOULD BE SOME CLASSROOMS TO TEACH PEOPLE HOW TO USE COMPUTERS AND JUST GENERAL LIFE SKILLS.
SO IT'S A, IT'S A MIX OF EVERYTHING.
AND, UM, LIKE I SAID, THIS IS A REPLACEMENT FROM THEIR, THEIR CURRENT FACILITY THEY'VE BEEN AT FOR 30 YEARS OR SO OVER, UH, BY OLD PARKLAND.
UM, SO THE, THE BILL, LIKE I SAID, BUILDERS IS CONSTRUCTED IN 1967, CONTAINS ABOUT 1,919.
TIME IS THAT THOUSAND HUNDRED SQUARE FEET.
AND WE CAN ACCOMMODATE 86 PARKING.
YOU CAN CONTINUE PARKING SPACES
[01:15:01]
IN THE BUILDING, UH, ON THE, ON THE LOT.AND, UH, ONLY 60 ARE REQUIRED TODAY.
SO WE'RE SEEKING A 10% REDUCTION.
UH, AND THEN THE NEXT PAGE, IT JUST TALKS ABOUT WHAT I'VE ALREADY TALKED ABOUT THAT, UM, WE'RE RIGHT ACROSS FROM THE DART STATION.
WE HAVE, UH, CLIENTS THAT USE DART.
WE HAVE 85 UNITS OF SENIOR LIVING, UH, THAT OWNED BY THE SAME PEOPLE RIGHT BEHIND US.
THE SADLER CIRCLE THAT SEPARATES US IS A PUBLIC STREET WITH, UH, COPIUS AND FREE ON STREET PARKING ON BOTH SIDES OF IT.
UM, WE THINK THIS REQUEST IS REASONABLE AND WE HOPE YOU DO TOO.
AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
UM, QUESTIONS FOR THE APPLICANT? MS. HAYDEN, I, I JUST MISSED YOUR LAST STATEMENT ABOUT, YOU SAID THERE WAS FREE ON STREET PARKING.
WHERE EXACTLY? ON SADLER CIRCLE? UH, LET'S GO BACK TO BEHIND THE PARKING LOT.
IS THAT RIGHT? THIS, THIS SLIDE HERE, THE GREEN BUILDING IS US.
SO SADLER'S CIRCLE IS A STRANGE LITTLE CIRCLE.
IT, IT, IT STARTS AT INWOOD AND GOES AROUND AND THEN CONNECTS TO THE DARK TRACK.
LIKE, I THINK THERE'S A LITTLE SLIP STREET THERE NOW, BUT, SO, UM, EVERYTHING WHERE THE, THE BOATS ARE AND WHERE THE TREES ARE, THAT'S ALL UNDER CONSTRUCTION NOW FOR, UH, THE SENIOR LIVING FACILITY.
SO IT'S ADJACENT TO SANDAL CIRCLE ON THE OPPOSITE SIDE OF THE STREET IS GONNA BE A SENIOR SENIOR SERVICE CENTER? YES.
UH, IT'S A SENIOR LIVING CENTER, SENIOR LIVING FACILITY.
WHO'S WILL THE, THE PEOPLE THAT LIVE THERE WILL BE COMING OVER ACROSS THE STREET TO, TO GET SERVICES.
IT'S A REALLY COOL SETUP AND, UH, A REALLY NICE DESIGN.
WE LOOK FORWARD TO HAVING IT OPEN.
QUESTIONS FOR THE APPLICANT? MR. HOLCOMB, UH, WHAT'S THE CAPACITY OF THAT SENIOR LIVING CENTER, ROUGHLY? UH, THE, ACROSS THE STREET? YEAH.
AND IT, AND, AND PRESUMABLY THOSE 85 PEOPLE WOULD BE PART OF THE OCCUPANCY HERE AND JUST WALKING ACROSS THE STREET, RIGHT? SO THEY'VE GOT PARKING AS PART OF THEIR SENIOR LIVING, IF THEY'RE EVEN DRIVING.
SO THAT THE SENIOR LIVING FACILITY, BELIEVE IT OR NOT, HAS TO PARK.
UH, IT'S NOT, I THINK IT'S 0.8 OR 0.7, UH, PARKING SPACES PER DWELLING UNIT, EVEN THOUGH THEY'RE SENIOR LIVING, THE, A LOT OF THOSE PEOPLE SHOULDN'T BE PARKED DRIVING.
UH, AND SO THERE'LL BE SPACES OVER THERE AND THEN WE'LL, WE'LL HAVE, UH, 90 SPACES ON OR 86 SPACES ON OUR SITE.
OTHER QUESTIONS FOR THE APPLICANT? MS. DAVIS? HA HAVE YOU TRIED REPAVING OR REPAINTING THE PARKING LOT AREA TO SEE IF YOU CAN SQUEEZE IN MORE SPACES? YES, MA'AM.
LIKE I SAID, THERE'S 60 SPACES THERE TODAY, SO WE'RE REPAVING AND RE STRIPING TO GET IT FROM 60 TO, UH, 86.
AND YOU CAN SEE THE VERY LAST SLIDE IS WHAT OUR, OUR PARKING LOT WILL LOOK LIKE, CUZ RIGHT NOW, UH, THE AREA ON THE TOP HERE NEXT TO SADDLER CIRCLE, THATCHES GRASS.
SO WE'RE, WE'RE HAVING TO REP PAVE ALL THAT, UH, TO, TO STRIPE IT AND THEN, UH, REP PAVE, UH, REPAINT IT, THE, THE PARKING SPACES ON THE REST OF THE SITE.
I HAVE A QUESTION FOR YOU, MS. I'M SORRY.
IN OUR NOTIFICATION AREA, IT SHOWS 12 PROPERTIES SUBJECT TO NOTIFICATION, AND WE GOT ZERO RESPONSE.
I PREFER RESPONSE, BUT ABSENT, UH, RECORDED NEGATIVE RESPONSE, I NEED TO ASK THE QUESTION.
HAVE YOU HEARD ANY OPPOSITION? NO.
UH, AND WE DID NOT HEAR ANY OPPOSITION WHEN WE DID THE REZONING FOR THE SENIOR, UH, LIVING FACILITY AS WELL, WHICH WAS, UH, SIX MONTHS AGO.
UH, MY CLIENT OWNS, I HAVE ANOTHER CLIENT THAT OWNS THE, THE PROPERTY RIGHT HERE ON THE, THE SHOPPING CENTER TO THE WEST? YEAH.
AND I'VE SPOKEN TO MY CLIENT ABOUT IT.
YOU'RE, AND THEN PEOPLE WE'RE BUYING IT FROM, YOU'RE, YOU'RE STATING TO US THAT THERE'S, YOU'VE, YOU'RE NOT AWARE OF ANY OPPOSITION.
BUT, UH, IT'S, YOU KNOW, IT'S NOT STRANGE THAT WE DON'T HEAR ANYTHING.
THIS IS JUST WHAT HAPPENS SOMETIMES.
QUESTIONS THAT WE HAVE, MR. NERI.
THIS ISN'T TO THE APPLICANT, UM, BUT, UH, I NOTICED ON OUR, THE MOTION SHEET THAT THE STAFF HAS PRINTED UP FOR US, UM, I THINK THIS IS A TYPO.
IT SAYS SOMETHING ABOUT A RESTAURANT WITHOUT A DRIVE-IN OR DRIVE-THROUGH, POSSIBLY FROM THE PREVIOUS CASE.
SO WE'RE NOT ASKING FOR ANY RESTAURANT, SO I KNOW I, MR. BORDER ATTORNEY, DO YOU WANNA MODIFY THAT BEFORE MR. NERI MAKES A MOTION? YES.
[01:20:01]
IF YOU WOULD, WE'LL GIVE YOU A MOMENT IF YOU WOULD PLEASE.MR. NERI LAWYER IN, IN, UH, OBIA HERE,
WE'LL CALL THIS SEVENTH FLOOR CITY HALL HOUSEKEEPING
SEVENTH FLOOR IS THE CITY ATTORNEY'S OFFICE.
UH, ANY OTHER D ANY OTHER QUESTIONS FOR THE APPLICANT? HEARING NO QUESTIONS, THE CHAIR WOULD ENTERTAIN A MOTION.
UM, YES, I'M, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 5 ON APPLICATION OF BALDWIN ASSOCIATES GRANT, THE REQUEST OF THIS APPLICANT TO PROVIDE 86 OFF STREET PARKING SPACES TO THE OFFS STREET PARKING REGULATIONS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED, WHICH REQUIRES 96 OFF STREET PARKING SPACES BECAUSE OUR EVALUATION OF THE PROPERTY USE AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT INCREASE TRAFFIC HAZARDS OR INCREASE TRAFFIC CONGESTION ON ADJACENT OR NEARBY STREETS.
AND THE PARKING DEMAND GENERATED BY THIS USE DOES NOT WARRANT THE NUMBER OF REQUIRED PARKING SPACES.
THIS SPECIAL EXCEPTION IS GRANTED.
I FURTHER MOVE THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
THE SPECIAL EXCEPTION OF 10 PARKING SPACES SHALL AUTOMATICALLY AND IMMEDIATELY TERMINATE IF AND WHEN THE PROPOSED USE IS CHANGED OR DISCONTINUED.
IT'S BEEN MOVED IN THE MATTER OF 22 365 THAT THE BOARD GRANT THE SPECIAL EXCEPTION FOR PARKING BY MR. NERI.
IT'S BEEN SECONDED BY MS. DAVIS.
MR. NERI DISCUSSION? UH, THANK YOU MR. CHAIRMAN.
YEAH, I'M IN FAVOR OF THE SPECIAL EXCEPTION, UM, BECAUSE IT'S A MINOR CHANGE, UM, RELATIVE TO THE TOTAL AMOUNT OF PARKING.
UH, I THINK THE APPLICANT DID A VERY GOOD JOB OF EXPLAINING, UH, WHY IT'S NEEDED IN, IN THIS PARTICULAR, UH, LOCATION IN PROXIMITY TO, UH, SOME OF THE SENIOR HOUSING THAT IS GOING IN AT THAT, UH, LOCATION.
MS. DAVIS, I AGREE WITH MR. NE'S COMMENTS.
ANY OTHER DISCUSSION ON THE MOTION, MS. HAYDEN? UH, I, I ALSO AGREE, UM, BECAUSE OF THE PROXIMITY OF PUBLIC TRANSPORTATION TO THIS FACILITY.
ANY OTHER DISCUSSION ON THE MOTION? THE MOTION BEFORE THE BOARD IS TO GRANT THE SPECIAL EXCEPTION FOR PARKING EXCEPTION 2 2 3 0 65.
THE BOARD SECRETARY WILL CALL FOR A VOTE.
FIVE ZERO IN THE MATTER OF BDA 2 2 365.
THE BOARD UNANIMOUSLY GRANTS THE REQUEST.
YOU'LL GET A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
NEXT ITEM BEFORE THE BOARD IS BDA 2 23 DASH 0 6 6 BDA 2 23 DASH 0 6 6.
THIS IS AT 55 18 WINSTON COURT.
55 18 WINSTON COURT IS THE APPLICANT HERE.
HOW ABOUT THAT? AREN'T YOU LUCKY? TWO TIMES IN ONE DAY.
THAT'S, YOU KNOW, AREN'T YOUR LUCKY DAY? I WAS HERE TWO DAYS.
WELL YOU'RE JUST A REGULAR HERE, SO YOU'RE, YOU'RE TIRED OF ME BY NOW.
[01:25:01]
UM, ALRIGHT, SO MS. BOARD SECRETARY, DOES HE NEED TO BE SWORN IN AGAIN OR IS THAT HE SWORE THE FIRST TIME IS GOOD.THANK YOU MR. HOLD THAT THOUGHT.
MY BOARD ATTORNEY JUST SAID WE NEED TO BRIEF THIS CASE.
THAT IS A VERY GOOD TO CATCH, MR. BOARD ATTORNEY.
SO HOLD YOUR HOOSIERS, YOU CAN HAVE A SEAT.
UM, MS. BOARD ADMINISTRATOR, CAN WE, CAN WE, DO WE HAVE OUR TECHNOLOGY BACK TO BRIEF THE CASE? YES.
JANNER, DO YOU HAVE CAPABILITIES TO BRIEF? SHE THANK YOU MR. BOARD ATTORNEY, YOU'LL HAVE YOUR CHANCE, MR. BALDWIN TO GO THROUGH YOUR, YOUR, YOUR POWERPOINT WHEN YOU CAN SPEAK.
BUT WE FIRST NEED TO GO THROUGH THE PROCEDURE AND PROCESS FOR THE BRIEFING, AS WAS MENTIONED THIS MORNING.
SO THIS IS BDA 2 23 DASH 0 6 6.
THIS IS LOCATED AT 55 18 WINSTON COURT.
AND IT HAS A DEVELOPMENT SERVICES PRIMARY METRIC OF 69 DAYS.
THIS IS THE LOCATION MAP OUTLINE IN BLUE IS THE SITE ON THE AREA MAP.
THE SITE IS ON R ONE A AS OF 1:00 PM THE DAY BEFORE THIS HEARING, THERE'S BEEN ZERO LETTERS OF SUPPORT, ONE LETTER IN OPPOSITION AND IT'S SHOWN IN READ.
HOLD THAT SCREEN FOR A SECOND.
AND SO THAT'S PROPERTY NUMBER I CAN'T READ.
CAN YOU READ THAT? WHICH ONE IS THE TOP RIGHT CORNER? LOOKS LIKE NUMBER SIX.
WE DID NOT RECEIVE A DEC A OWNER LIST ON THIS ONE.
WHO, WHO WAS THE OP? WHO WAS THE, THE NAME OF THE DEC? A PROPERTY OWNER THAT WAS IN OPPOSITION.
DO WE HAVE THAT DEC A LIST? UH, WE COULD PROBABLY PULL IT FROM MY FILES IF IT'S NOT IN THE DOCKET.
NO, THE DEC A LIST IS NOT AVAILABLE.
IS IT IN THE POWERPOINT BY CHANCE? THIS IS, THIS IS IN MY CASE.
I'M DOING THE CASE BECAUSE COMM DR.
SO WE KNOW IT'S IN OPPOSITION.
CHAIRMAN, WE'LL TAKE PUBLIC TESTIMONY WHEN WE ARE DONE WITH IT.
SO IF, UM, NUMBER SIX, WHO IS NUMBER SIX? CAN YOU READ THAT? I CAN'T.
LOOKS LIKE, UH, SHIRLEY RILEY.
SO WE HAD ONE IN OPPOSITION, ZERO AND SUPPORT.
OKAY, SIR, AT THIS POINT IN TIME, THIS IS A BRIEFING AT, AT THIS POINT IN TIME, SIR, THIS IS A BRIEFING BECAUSE WE HAD TECHNOLOGY ISSUES THIS MORNING.
SO THIS IS THIS FOR THIS PHASE.
RIGHT NOW IT'S A CONVERSATION BETWEEN THE PROFESSIONAL STAFF AND THE, AND THE BOARD.
AND WHEN WE COMPLETE THE BRIEFING, THEN I WILL CALL PUBLIC HEARING FOR IT, OF WHICH THEN ANYONE CAN COME AND THE APPLICANT WILL SPEAK AND ANYONE IN FAVOR OR AGAINST CAN SPEAK JUST AS LONG AS YOU FILLED OUT A BLUE BLUE SHEET OF PAPER.
SO I PROMISE YOU YOU'LL HAVE AN OPPORTUNITY.
WOULD YOU LIKE FOR ME TO READ THE RELEVANT DEVELOPMENTS? UH, NO, WE GOT THIS ONE.
THIS THE REQUEST FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHTS REGULATIONS.
AND FOR A SPECIAL EXCEPTION TO THE FENCE STANDARD REGULATIONS, THE APPLICANT PROPOSED TO CONSTRUCT AND MAINTAIN AN EIGHT FOOT 11 INCH HIGH FENCE AND A REQUIRED FRONT YARD WITH THE FENCE PANELS HAVE BEEN LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE.
THEREFORE, SPECIAL EXCEPTIONS TO THE FENCE HEIGHT REGULATIONS AND THE FENCE STANDARD REGULATIONS ARE REQUIRED.
THERE'S BEEN TWO CASES, UM, B BDA CASES IN THE LAST FIVE YEARS.
BDA 2 0 1 DASH ONE 12 IS FENCE STANDARDS AND IT WAS GRANTED BDA 180 9 DASH 100 FENCE, HEIGHT AND FENCE STANDARDS AND IT WAS DENIED.
THE NEXT FEW SLIDES WILL BE PICTURES OF THE SITES AND THE SURROUNDING AREAS.
[01:30:19]
COULD YOU GO BACK ONE SLIDE PLEASE? ONE MORE CLICK PLEASE.OKAY, SO I'M SEEING FENCE POSTS ALREADY.
I'M WONDERING IF THAT WAS PRECEDED THIS OR NOT.
I GUESS I'LL ASK THE APPLICANT THAT QUESTION.
AND HERE'S A 360 VIDEO AND THIS IS THE 200 FOOT NOTIFICATION AREA VIDEO.
[01:35:04]
THIS IS A PROPOSED SITE PLAN.THESE ARE THE PROPOSED ELEVATIONS AND THIS IS THE NON-COMPLIANT.
ACTUALLY, CAN WE GO BACK TO THE OVERHEAD SITE PLAN PLEASE? SO, UM, COUPLE QUESTIONS REGARDING THIS.
UM, NUMBER ONE, SO IT LOOKS LIKE THEY HAVE TWO FRONT YARD FACINGS, IS THAT CORRECT? THAT'S A QUESTION FOR, UH, MS. BAUM.
YES, THERE ARE TWO FRONT YARDS.
AND IS THERE A LINE ON THIS DIAGRAM, UM, HERE THAT WE HAVE IN OUR PACKET THAT SHOWS US WHERE THE FRONT YARD FENCE CAN BE THIS HEIGHT BY, RIGHT? OR IS THERE SUCH A THING UNDER THIS CODE? SO, SO AT SOME POINT FROM THE SETBACK IN THE FRONT YARD, UM, IS IT FOUR FOOT ALL THE WAY TO THE HOUSE AND THEY CAN'T GO ABOVE FOUR FOOT WITHOUT A SPECIAL EXCEPTION? OR IS THERE SOME POINT BEYOND WHICH THEY CAN BE HIGHER? IT'S THE FIRST FIVE FEET, ISN'T IT? NO, YOU'RE TALKING ABOUT THE OPACITY REQUEST, RIGHT? OPACITYS FIRST FIVE FEET.
BUT WHAT, WHAT ABOUT THE HEIGHTS? THE YARD FRONT YARD IS FOUR FOOT.
SO WOULD YOU REPEAT THAT STANDARD IN THE FRONT YARD SETBACK? YEAH, FROM THE PROPERTY LINE WITHIN FIVE FEET, YOU CANNOT HAVE ANYTHING LESS THAN 50% OPEN.
RIGHT? BUT I DON'T THINK THAT'S WHAT YOU WERE ASKING, RIGHT? CORRECT.
IS IT HEIGHT, IS IT JUST ANYWHERE IN THE FRONTS FOUR FOOT PERIOD OR THERE'S SOME DISTANCE BEHIND WHICH YOU CAN BE TALLER BEHIND THE SETBACK, BUT THAT'S NOT IN THE FRONT YARD.
OKAY, SO, SO IS THERE A LINE THAT SHOWS THE SETBACK? UH, THE FRONT YARD SETBACK ON THIS DRAWING, IS SHE SHOWING ME? GIANNA WILL SHOW YOU.
AS I DON'T KNOW IF YOU CAN SEE, BUT SHE HAS RED DASHES AND THAT SHOWS THE NON-COMPLIANT REQUEST.
THE BLUE DASHES IS WHAT WAS APPROVED FOR BDA 2 0 1 DASH ONE 12 AND THE GREEN IS WHAT'S COMPLIANT.
SO THE RED IS WHAT THEY'RE REQUESTING.
THE BLUE IS WHAT THEY WERE ALREADY APPROVED FOR AND THE GREEN IS WHAT'S COMPLIANT WITH THE CODE.
AND, AND THEN BACK TO MY QUESTION, I'M TALKING LATERAL DISTANCE AS OPPOSED TO HEIGHT DIFFERENCE.
HOW FAR BACK FROM THE PROPERTY LINE DO THEY NEED TO BE TO BUILD ABOVE FOUR FEET OR THEY'RE NOT ALLOWED TO IN THE FRONT YARD SETBACK AT ALL? THEY'RE NOT ALLOWED TO BUILD OVER FOUR FEET WITHOUT YOUR PERMISSION OR APPROVAL, UM, IN THE FRONT YARD.
SO, AND I BELIEVE THEY'RE PROPOSING IT ON THE PROPERTY LINE, CORRECT? YES.
SO REGARDLESS OF WHETHER IT'S 15 FEET IN OR FIVE FEET IN, IT HAS TO BE FOUR FOOT OR COME ASK PERMISSION? YES.
THESE ARE THE PROPOSED ELEVATIONS STAFF RECOMMENDATION.
THERE'S NO STAFF RECOMMENDATION IS MADE ON THIS OR ANY REQUEST FOR A SPECIAL EXCEPTION TO DEFENSE STANDARDS.
SINCE THE BASIS FOR THIS TYPE OF APPEAL IS WHEN IN THE OPINION OF THE BOARD, THE SPECIAL EXCEPTION WOULD NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES, ALTHOUGH NO STAFF RECOMMENDATION IS MADE FOR A SPECIAL EXCEPTION, THE DEVELOPMENT SERVICES ENGINEER REVIEW THE REQUEST AND HAS NO OBJECTIONS AND NO COMMENTS.
UH, ONE MORE QUESTION FOR THERE.
YOU SAID THE ENGINEER HAS NO COMMENTS AND NO OBJECTIONS.
THAT'S WHAT SHE REPORTED? YES.
BECAUSE THIS REPORT HERE FROM MR. NAVARRA SAYS HE JUST HAS NO COMMENTS.
HE DOESN'T HAVE NO OBJECTIONS, JUST NO COMMENTS.
I'M LOOKING AT HIS REPORT AND IT SAYS, NO COMMENTS THAT NO OBJECTIONS IS NOT CHECKED.
SO HE'S, SEE IT'S STRICTLY NO COMMENTS.
PROBABLY, PROBABLY PER UH, S R T MEETING A CONVERSATION OR AN EMAIL.
USUALLY NO COMMENTS ARE SYNONYMOUS WITH NO OBJECTIONS.
SO IT'S PROBABLY A CONVERSATION THAT THE PLANNER HAD WITH DAVID NAVAREZ THAT SHE WAS PRIVY TO THAT, UH, HE'S SURMISED THAT THERE WERE NO OBJECTIONS.
THEY DEVELOPMENT SERVICES STAFF, WE ALL WORK IN THE SAME BUILDING.
THEY FREQUENTLY COME TO OUR DESK IN OUR OFFICES AND DISCUSS CASES WITH US.
BUT FOR US, NO COMMENTS AND NO OBJECTIONS ARE A DIFFERENT RESPONSE.
UM, ANYTHING ELSE MS. GIANNA? NO, THAT'S THE END OF HER PRESENTATION.
QUESTIONS FROM THE BOARD FOR THE STAFF ON THE BRIEFING FOR 22 3 0 6 6 MS. HAYDEN.
SO THEY WERE PREVIOUSLY APPROVED FOR EIGHT FEET AND THAT WAS A, THAT WAS A SPECIAL EXCEPTION.
I'M, I'M ASSUMING THAT ANOTHER BOARD OF ADJUSTMENT MUST HAVE APPROVED BECAUSE IT WAS HIGHER THAN THE FOUR FOOT.
I I CAN SPEAK TO THAT BECAUSE THE PLANTER LEFT NOTES, UH, WITH ME ABOUT THAT.
IT WAS, UH, PREVIOUSLY APPROVED FOR EIGHT FEET, FOUR INCHES.
[01:40:01]
WANT TO COME BACK FOR EIGHT FEET, 11 INCHES.SO THEY'RE ASKING FOR SEVEN FEET, BUT IT'S NON-COMPLIANT WITH THE PREVIOUS BOARD CASE.
SO THAT'S WHY THEY'RE BACK AGAIN MEANS SEVEN INCHES? YES, SEVEN INCHES.
AND SO THEY'RE, THEY'RE TOTALLY DIFFERENT BOARD CASES, BUT YOU DID APPROVE EIGHT FOOT FOUR INCHES ABOUT TWO TO THREE YEARS AGO, ACCORDING TO THE SENIOR PLANNER NOTES.
SO, AND, AND SO NOW WHEN WE APPROVE THIS, IF WE, FOR, IF, IF WE HAPPEN TO DENY THIS ONE, WILL IT GO BACK THEN TO THE PREVIOUSLY APPROVED EIGHT FEET? OR WILL IT HAVE TO GO BACK TO THE FOUR FEET? IF YOU DENY THIS, THEN THE PREVIOUS BOARD CASE WILL STILL STAND AT EIGHT FOUR INCHES.
THANK YOU MS. DAVIS, THEN MR. HOLCOMB, MS. DAVIS.
SO I JUST WANNA CLARIFY, THEY'RE JUST ASKING FOR AN ADDITIONAL SEVEN INCHES OF HEIGHT.
UH, THEORETICALLY THEY ARE, BUT THE WAY THAT IT HAS TO BE BROUGHT BACK TO THE BOARD BECAUSE THEY TOOK NO BOARD ACTION WHEN THIS WAS APPROVED.
IT'S COMING IN AS A WHOLE NEW CASE AGAIN.
BUT THE ONLY DIFFERENCE FROM THIS CASE TO THE LAST WOULD BE SEVEN INCHES.
BUT THE FORMALITIES REQUIRE US TO REDO ALL THE MEASUREMENTS THAT WAY BECAUSE YOU'RE ACTUALLY SEEING A BRAND NEW CASE.
AND MY SECOND QUESTION, AND SINCE YOU WEREN'T THE ONE ON THE, SINCE THE PERSON WHO WAS DRIVING IS NOT HERE, YOU MAY NOT KNOW THE ANSWER.
SO HOPEFULLY THE, UM, UM, THE, UH, CLIENT KNOWS THE ANSWER, BUT I DIDN'T SEE A LOT OF OTHER FENCES THAT WERE SOLID AND THAT WERE TALL IN THAT AREA.
WERE DID YOU, I MEAN, I DON'T NONE OF YOU DROVE THIS SPOT, CORRECT? CORRECT.
SO WE SAW EXACTLY WHAT YOU SAW.
SO HOPEFULLY THE, THE CLIENT CAN ANSWER THAT QUESTION.
I'M JUST CURIOUS TO KNOW, UM, IF THERE ARE OTHER FENCES LIKE THIS IN THAT AREA, BECAUSE I DIDN'T SEE YOU ON THE VIDEO.
QUESTIONS FOR THE STAFF, MR. HOLCOMB.
UM, SO WERE THESE, UH, PREVIOUS CASES ON THIS ONE, WERE THEY PANEL A AS WELL OR WERE THEY SOME OTHER PANEL? THE MOST RECENT ONE WAS THIS PANEL.
QUESTIONS FOR THE STAFF FROM THE PANEL? THANK YOU VERY MUCH.
UH, NOW WE WILL CONVERT TO THE PUBLIC HEARING FOR, UH, BDA 2 23 DASH 0 6 6 BDA 2 23 0 6 6 5 5 18.
WINSTON COURT PUBLIC HEARING IS NOW CALLED TO ORDER.
UH, IS THE APPLICANT HERE? YES.
JUST DO, LET'S DO IT JUST TO BE FOR, WE'RE COVERING OUR BASES.
MS. WILLIAMS, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH TO YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
MS. WILLIAMS, DO WE, WHO ALL DO WE HAVE SPEAKERS ON FOR OR AGAINST? WE HAVE JUST THE COUNT, NOT THE NAMES.
WE HAVE TWO IN SUPPORT AND ONE IN OPPOSITION.
AND IS ONE OF THE, IS ONE OF THE TWO AND SUPPORT THE APPLICANT.
HERE WE HAVE THE LANDSCAPE ARCHITECTURE.
I JUST WANT MY ACCOUNT SO I MAKE SURE, GIVE EVERYONE EQUAL TIME.
ALRIGHT, SO AS THE APPLICANT YOU'RE ALLOWED FIVE MINUTES PLUS THE FIVE MINUTE REBUTTAL.
AND THEN SOMEONE ELSE SPEAKING IS ALLOWED FIVE MINUTES.
SO YOU MAY, UH, GIVE US YOUR NAME AGAIN AND ADDRESS AND PROCEED.
GOOD AFTERNOON, ROB BOLTON, 39 0 4 ELM STREET, SUITE B IN DALLAS.
UH, I'LL JUST JUMP RIGHT OVER TO THE FIRST QUESTIONS.
UH, COMMISSIONER DAVIS, THERE ARE OTHER FENCES IN THE AREA, BUT THEY TEND TO BE DECORATIVE IRON AND BEHIND, UM, VEGETATION.
WE'RE GONNA BE BEHIND VEGETATION TOO.
UH, BUT, UH, WE'RE GONNA HAVE SOME SOLID, UH, PANEL, UH, LIKE A FOOTING THEN OPEN.
AND THEN, UH, AROUND THE GATES, WE ARE GOING TO, UM, HAVE MORE SOLID WING WALLS THAN WHAT YOU TYPICALLY SEE OUT THERE TODAY.
THE, THE, AS YOU'LL SEE WHEN I GO THROUGH MY PRESENTATION, THE DESIGN'S NOT TOO DIFFERENT FROM WHAT WAS APPROVED PREVIOUSLY.
AND I'LL GET TO THAT IN JUST A SECOND.
AND COMMISSIONER HOLCOMB, UH, THE, THE FRONT YARD SETBACK IN THIS DISTRICT IS 40 FEET, SO AFTER 40 FEET BACK FROM THE PROPERTY LINE, WE COULD BUILD THIS FENCE.
SO, UM, LET ME GET TO MY PRESENTATION.
SO, UH, IF YOU, IF YOU WOULD, LET'S GO TO THE, THE FIRST PAGE TO KINDA SHOW YOU WHERE IT IS.
AND IT WON'T SURPRISE YOU THAT IT'S UP IN THE PRESTON HOLLOW AREA, UH, WHERE YOU KNOW, THE LAND OF BIG HOUSES AND TALL FENCES.
UM, THIS IS ON THE CORNER OF WINSTON COURT AND HOLLOWAY, UH, THIS BOARD, THIS PANEL SAW THIS CASE A YEAR AND A HALF, ALMOST TWO YEARS AGO.
AND IT WAS APPROVED THAT, THAT WE'RE DOING WELL.
WHAT HAPPENED WAS, UM, AFTER IT WAS APPROVED, WE GOT A FENCE PERMIT, AND THAT'S WHY YOU SAW THAT THERE WAS, UM, FENCE PARTS BUILT BECAUSE THERE WAS AN ACTIVE FENCE PERMIT ON THE SIDE.
BUT THE, UM, THE OWNER OF THE PROPERTY HIRED
[01:45:01]
A DIFFERENT LANDSCAPE ARCHITECT WHO IS OFF TO MY LEFT HERE, AND THEY CAME UP WITH A DIFFERENT DESIGN.AND THERE'S REALLY THREE THINGS THAT HAPPENED.
ONE, WHAT WE DIDN'T REALIZE, AND SHAME ON ME FOR THIS, IS THE LAST, UH, PLAN THAT WAS APPROVED ALL LONG HOLLOW WAY, MOST OF THE FENCE WAS SHOWN IN THE PUBLIC RIGHT OF WAY, WHICH WE'RE NOT ALLOWED TO DO.
SO ONE THING THAT THIS CASE IS DOING IS BRINGING THE FENCE FROM THE PUBLIC RIGHT OF WAY BACK ONTO OUR PROPERTY.
SO YOU'RE SAYING WE HAD APPROVED A FENCE ON A PUBLIC RIGHT OF WAY? YEAH, IT'S SURPRISE TO EVERYBODY.
YEAH, THERE'S, THERE'S, UH, BUT SHAME ON YOU.
I KNOW THAT WHY, BUT SHAME ON US.
THAT'S WHY I TOOK THE BLAME FOR THAT ONE, BECAUSE I SHOULD HAVE CAUGHT THAT.
AND WHEN WAS THAT APPROVED? UH, A YEAR AND A HALF AGO.
UH, THE SECOND THING IT'S DOING IS, UM, WE'RE, WE ARE PROPOSING AT THE GATES TO GO FROM EIGHT FOUR TO EIGHT 11.
SO SEVEN INCHES JUST TO THE GATES.
MOST OF THE FENCE WILL BE SIX AND A HALF FEET OPEN ROD IRON PICKETS, WHERE RIGHT NOW, UH, THE APPROVED PLAN IS SIX FEET, UH, ROD IRON PICKETS.
AND AS MR. HOLCOMB POINTED OUT, WE HAVE A LARGE LOT TWO FRONT YARDS.
SO WE HAVE A FRONT YARD AND HALLWAY.
WE HAVE A FRONT YARD ON WINSTON.
UH, AND SO WE'RE LIMITED TO FOUR FEET IN HEIGHT.
ALONG THOSE TWO FRONTAGES, UH, NEXT PAGE PLEASE, UH, TALKS ABOUT, UH, WHAT WE'RE ASKING.
SO, UH, SHOULD THIS BE DENIED, UH, UM, WE WOULD REVERT BACK TO OUR PREVIOUSLY APPROVED PLAN, CUZ WE HAVE A BUILDING PERMIT FOR THAT.
AND THAT PERFECTED, UH, YOUR APPROVAL.
WE, WE DO BELIEVE THIS, UH, THIS REQUEST IS, UH, MORE IN KEEPING, WE'RE REMOVING ONE DRIVEWAY ONTO HOLLOWAY AND, UH, WE'RE PRO PROPOSING TO RELOCATE A SECOND ONE.
SO, UM, UH, IF YOU, IF YOU LOOK AT THE, THE NEXT PAGES, THIS IS A VERY BIG HOUSE AND VERY BIG OUTHOUSE, UH, OUT BUILDINGS, UH, ALL UNDER CONSTRUCTION.
AND UNFORTUNATELY FOR OUR NEIGHBORS, IT'S BEEN UN UNDER CONSTRUCTION FOR A LONG TIME.
UH, BIG HOUSES TAKE A LONG TIME, UH, THIS, UH, PART OF A FENCE.
ONE OF THE REASONS YOU HIRE A LANDSCAPE ARCHITECT DO A FENCE INSTEAD OF HIRING THE THE FENCE COMPANY TO DESIGN A FENCE IS THE, THE FENCE NEEDS TO COMPLIMENT AND, UH, THE ARCHITECTURE OF THE HOUSE AND BE IN SCALE TO THE HOUSE.
UH, THE, ACTUALLY THE FENCE BECOMES MORE THAN JUST A SCREENING DEVICE.
IT ACTUALLY BECOMES PART OF THE ARCHITECTURE OF THE HOUSE.
AND THAT'S WHY, UH, THE FENCE YOU SEE IS OF THE HEIGHT AND OF THE DESIGN BECAUSE IT'S MADE TO, TO REFLECT THE HOUSE.
AS, AS YOU'LL SEE, IT'S A BIG, THE HOUSE IS A BIG STONE HOUSE, AND THAT'S WHY WE HAVE A STONE BASE AND THEN STONE COLUMNS ON, ON EITHER SIDE OF THE GATES.
UM, ON THE NEXT PAGE, YOU, AS YOU CAN SEE, THERE IS ANOTHER VIEW OF THE HOUSE.
UH, AND THE, AND THEN ONCE AGAIN, UH, A VIEW OF THE HOUSE, UH, THE, THE BRICK WAS THE ORIGINAL FENCE ON THE HOUSE.
WHAT WE'VE BUILT IS, YOU'LL SEE IN THE NEXT COUPLE PAGES, UM, IS, UH, VERY SIMILAR TO WHAT WE'RE ASKING FOR TODAY.
UH, YOU'LL SEE THAT WE HAVE THE PREVIOUSLY APPROVED SITE PLAN AND, UH, THE AREAS THAT ARE ACTUALLY IN THE PUBLIC RIGHT OF WAY ARE RIGHT ALONG THE RIGHT HAND SIDE.
YOUR, YOUR TIME IS EXPIRED, BUT I'M GRANTING AN EXTENSION AND I WILL GIVE EQUAL OKAY.
I WANT YOU TO MAKE SURE YOU TELL YOUR STORY AND I'LL GIVE EQUAL TIME TO ANYONE ELSE.
OKAY, SO THE NEXT PAGE SHOWS THE PREVIOUS TIME.
NOW I WANT YOU TO GO BACK A PAGE.
NOW I'M TAKING MY TIME WHERE IT SAYS PREVIOUSLY APPROVED SITE PLAN.
YOU'RE ON THAT PAGE, RIGHT? ALL RIGHT, SO WALK ME THROUGH AGAIN WHAT WE PREVIOUSLY APPROVED
SO THIS IS WHAT WAS PREVIOUSLY APPROVED IN THE NEXT SLIDELL WILL, UH, GIVE YOU THE DETAILS.
WHERE IT WAS SUPPOSED TO BE ON THE PROPERTY LINE, BUT ACTUALLY ENCROACHED WOW.
IN SEVERAL PLACES UNDER THE RIGHT OF WAY HERE ON HOLLOW HOLLOWAY.
AND HOLLOWAY IS WHERE THE WORDS PREVIOUSLY APPROVED SITE PLAN ARE GOING HORIZONTAL, RIGHT? IS THAT HOLLOWAY OR IS THAT, UM, WINSTON? IT'S ON, IT'S ON PLAN, RIGHT.
AND THEN ALONG WINSTON COURT, AND THERE WAS TWO DRIVEWAYS ALONG HALLWAY.
UH, AND THEN ALONG WINSTON THERE WERE TWO DRIVEWAYS AND THEN THE FENCE CAME ACROSS.
WE WERE NOT IN THE RIGHT OF WAY AT ALL ON WINSTON.
SO, AND WINSTON ON THIS POWERPOINT GOES, IS ON THE RIGHT SIDE.
RIGHT? LEGEND WINSTON'S ON THE SOUTH, ON THE BOTTOM, ON THE BOTTOM.
AND WHICH, WHERE IS HOLLOWAY? UH, PLAN EAST ON THE RIGHT.
I'M JUST TRYING TO GET MY, MY BEARINGS.
SO THAT, UH, FENCE IS GOING IN THE SAME GENERAL PLACE WE'RE PROPOSING RIGHT ON ALONG THE PROPERTY LINE, WHICH IS 15 TO 20 FEET BACK FROM THE PAVEMENT.
AND IN THAT AREA WE WILL HAVE A ROBUST SET OF PLANTINGS TO, TO
[01:50:01]
SOFTEN THE FENCE.AND, UH, IF YOU SAW ON WHEN THE STAFF DID THEIR DRIVE, YOU SAW THOSE BIG TREES THAT WERE BALD AND BURLAP THAT WERE WAITING TO BE PLANTED.
UH, THERE ARE A LOT OF THOSE TREES THAT WE PLANTED ALONG THE, UH, THE STREET.
UM, IF YOU LOOK AT THE NEXT PAGE, THIS IS WHAT WAS PREVIOUSLY APPROVED.
UH, THESE ARE THE TWO DRIVEWAYS.
THIS IS THE, THIS IS LOOKING ALONG AT WINSTON.
WAS THE OPACITY LESS THAN 50% OPACITY PREVIOUSLY APPROVED AS WELL? CUZ THIS LOOKS AWFUL.
THE, THIS ONE WAS ABOUT THE SAME, EXACT SAME DESIGN.
UH, WE'RE, WE'RE MAKING THE, THE GATES, AS YOU'LL SEE A LITTLE LESS BEVERLY HILLS, UH, YOU KNOW, THIS IS THE, THE, THE PROPOSED WING WALLS AND GATES, WHICH WE'RE PROPOSING SIMILAR JUST, UH, SEVEN INCHES TALLER HERE AT THE TOP OF THE GATE.
UH, IN THESE, UH, THESE PANELS WILL BE SIX INCHES TALLER.
SO IF YOU GO TO THE NEXT SLIDE, YOU'LL, WITH ONE OF THE SITE PLAN AND THE ARROWS, IT SHOWS THAT WE'RE PROPOSING TO MOVE THIS DRIVEWAY, UH, THE SECOND DRIVEWAY ON, UH, WINSTON TO THE WEST.
WE'RE CLOSING THE OTHER DRIVEWAY ON HOLLOWAY AND KEEPING THIS RIGHT, UH, THIS DRIVEWAY THE SAME, AND THEN BRINGING THE FENCE BACK INTO, UH, THE PROPERTY.
AND THE NEXT SLIDE SHOWS WHAT THE NEW PROPOSED ELEVATIONS LOOK LIKE.
UH, LIKE I SAID, IT'S, UH, IT GETS, I'M NOT TECHNICAL, UH, I'M NOT AN ARTIST.
UH, IT GETS RID A LOT OF THE CURLY CUES.
UH, YOU KNOW, IT TAKES THE W OUT OF THE FENCE OR OUT OF THE GATE AND JUST, UH, BASICALLY JUST HAS, UH, DECORATIVE IRON PICKETS.
UM, SO IS YOUR REQUEST BEFORE US TODAY TO HAVE THE ENTIRE FENCE LINE LESS THAN 50% OPAQUE? OR JUST THE PI THE, THE STRUCTURES AROUND THE GATES JUST OBSTRUCT AROUND THE GATE? UH, WE WILL BE HELD, SHOULD THIS BE APPROVED, WE WOULD BE HELD TO A SITE PLAN AND WE'LL BE HELD TO FENCE ELEVATIONS.
SO THE FENCING THAT IS, IS OUTSIDE OF THE GATES IS MEETS THE STANDARD.
EVERYTHING BESIDES THE, WHAT I CALL THE WING WALLS ON EITHER SIDE OF IT? YES.
SO, UH, THE MOST OF THE FENCE IS GONNA BE OPEN PICKETS, UH, WITH LANDSCAPING AND FRONT.
IT LOOKS NARROW, BUT I'M LISTENING TO WHAT YOU'RE SAYING.
YEAH, THEY, THEY HAVE A STANDARD WIDTH AND I WANT TO YEAH, YEAH.
WHATEVER THAT'S STANDARD WIDTH IS.
UM, SO, AND HERE'S, UH, THE LAST TWO SLIDES ARE JUST A, A BLOW UP OF WHAT WE'RE PROPOSING.
LIKE I SAID, THE, THE FENCE DESIGNS CHANGED, THE LANCE LANTERNS DESIGNS CHANGE AND OVERALL HEIGHT OF THE FENCE HAS GONE UP BY SEVEN, UH, SEVEN INCHES AT THE GATE AND SIX INCHES AT THE, OF THE PANELS.
UH, AND YOU'RE RIGHT IN THE LAST PAGE OF YOUR PRESENTATION, IT SHOWS THE FENCE, UH, THE WIDTH OF THE PANELS, WHICH NOW MAKES IT LOOK MUCH MORE OPEN THAN WHAT YOUR, THE SMALLER VERSION DOES.
I'M NOT AN EXPERT TO WHAT THE STAFF WOULD SAY IS CONSIDERED OPEN VERSUS NOT.
OUR, OUR CODE STANDARD IS LESS THAN 50% OPAQUE.
SO, BUT YOU'RE SAYING THIS MEETS THAT STANDARD? YES.
AND WE HAVE HAROLD LEIDNER HERE, IF WE HAVE.
SO, AND THAT'S THE END OF MY PRESENTATION.
UM, THAT WAS NINE MINUTES, SO I WANNA BE FAIR TO EVERYONE.
UM, IF YOU'D LIKE TO SPEAK ALSO, SIR, IF YOU REGISTER TO SPEAK, YOU'RE GONNA HAVE TO SWEAR I'M IN.
AND SIR, DID YOU FILL OUT A BLUE SLIP? YES, SIR, I DID.
SO IF YOU'D BE SWORN IN BY OUR BOARD SECRETARY, UM, 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.
MY NAME IS HAROLD LEIDNER AND MY ADDRESS IS 16 0 1 SURVEYOR BOULEVARD.
CAROL, YOUR LA YOUR LAST NAME AGAIN, SIR? LEIDNER.
COULD YOU SPELL IT FOR ME? L E I D N E R.
I, I JUST, I THINK ROB DID A GREAT JOB AND I JUST WANTED TO MAYBE ADD IN CERTAINLY IF ANYBODY'S GOT ANY, UH, QUESTIONS ABOUT THE DESIGN.
YOU KNOW, WHEN WE, WELL, I, I MIGHT JUST GO BACK 20 YEARS.
UM, AND SO THERE'S BEEN A FENCE THERE FOR A LONG TIME.
THEN THE NA, HE BOUGHT AN ADJUST ADJACENT PROPERTY, WHICH THEN PUT HIM TO HOLLOWAY.
SO IT'S REALLY, HE COMBINED TWO PROPERTIES.
SO THERE'S, UH, FROM A SENSE OF A NEIGHBORHOOD, HAS THERE BEEN A FENCE? THERE'S BEEN A FENCE THERE FOR 20 YEARS.
CAUSE WE BUILT IT 20 YEARS AGO WITHIN, THROUGH A VARIANCE THROUGH THE CITY OF DALLAS.
[01:55:01]
A LOT OF, UH, JUST TO UNDERSTAND WHAT THE, JUST THE HISTORY OF THE PROPERTY, CUZ IT IS UNIQUE AND FORTUNATELY WE'RE ABLE TO COME BACK AND HELP A CLIENT.UH, BUT WE DID TRY TO SIMPLIFY THE FENCE.
UH, HE HAD HIRED, I DON'T KNOW WHO HE HIRED, BUT THE IN BETWEEN FOR THE DEAL.
SO WE, ONE THING WE DID HIRED AND REALLY WHERE OUR, OUR INCHES OR SEVEN INCHES HAS COME UP, IT JUST REALLY WAS THE BEND OF THE GATE.
YOU KNOW, IT JUST WAS AN AESTHETIC THING.
AND I, YOU KNOW, IT, IT DOESN'T KILL US, IT JUST WOULD MAKE THE GATE LOOK PRETTIER AND SEVEN INCHES.
BUT THE WAY THESE APPLICATIONS READ, YOU GOTTA PICK THE HIGHEST SPOT.
AND SO IT APPEARS LIKE, OH, THE WHOLE FENCE IS SOLID AND IT'S ALL GIANTLY TALL, BUT THE MAJORITY OF THE FENCE IS SIX FOOT SIX.
AND THE OTHER THING I DID FROM AN AESTHETIC STANDPOINT, THERE WAS A MILLION COLUMNS.
THEY HAD A COLUMN I THINK APPROVED.
WAS IT EVERY 20, 30 FEET? YEAH.
SO WE'RE THERE, THERE MIGHT HAVE BEEN, I THINK THEY'RE 12, YEAH, 12 FEET ON PART, WHICH WAS A PART OF THE ORIGINAL APPROVAL THAT Y'ALL DID ABOUT A YEAR AND A HALF AGO.
WELL, I MOVED THE COLUMNS TO 30, SO OUR FENCE, OPAC OPACITY IS THE SAME.
SO WE, WELL MEET THE GUIDES AND I MOVED, I DELETED A WHOLE BUNCH OF COLUMNS.
SO IT'S A MUCH SIMPLER, UH, EXPERIENCE AS YOU DRIVE DOWN WINSTON AND HOLLOWAY.
AND, UM, I CAN SAY THERE'S TONS OF, UH, VARIANCES CUZ ROB'S HELPED ME.
I'VE DONE MOST OF THE NEIGHBORS
AND, UH, THERE'S, THERE'S A LOT OF 'EM AROUND THE NEIGHBORHOOD.
COULD YOU QUICKLY DISCUSS WHAT THE LANDSCAPING BETWEEN THE FENCE AND THE STREETS GONNA LOOK LIKE? WELL, THE LANDSCAPING WILL BE VERY LUSH.
UH, HE'S, WE'RE ALREADY IN THE PROCESS OF HIGH, UH, AND IT IS, AS YOU DRIVE DOWN THE STREET, UH, HOLLOWAY AND WINSTON CORD IS GONNA BE REALLY A GREEN, VERY GREEN VEGETATION EVERYWHERE.
UH, WE'RE BUYING HUNDREDS OF, UH, SHRUBS, UH, UH, EIGHT FOOT TALL AT THE PRESENT, UH, MOMENT.
SO IT, IT'LL, IT'LL, IT'LL BE PRETTY MUCH AS IT'S ALWAYS BEEN.
IT JUST WAS WE, THE PROPERTY JUST TWICE AS BIG AS WHAT, WHAT IT WAS IN 20 YEARS AGO.
IF YOU KIND OF TURNED BACK THE RECORD.
THE ONLY DIFFERENCE IS WE, IT WAS BRICK
I PROBABLY SHOULD HAVE LOOKED UP WHAT WE GOT A VARIANCE FOR A LONG TIME AGO, BUT FOR THE PROPERTY.
BUT IT, IT'S, IT'S GOT A, IT'S A HISTORY, BUT IT, I JUST WANTED TO EXPLAIN A LITTLE BIT WHY IT WAS MORE AN AESTHETIC THING WHERE THIS FOUR INCH, YOU KNOW, THESE COUPLE INCHES CAME IN.
WE'LL COME BACK TO YOU WITH QUESTIONS.
WE WANT TO FINISH WITH ALL OUR SPEAKERS FIRST.
UM, MADAM BOARD SECRETARY, DO WE HAVE ANY OTHER SPEAKERS IN FAVOR? NO OTHER SPEAKERS, SIR.
ANY SPEAKERS THAT ARE REGISTERED AGAINST? YES, DR.
OKAY, SIR, IF YOU'D COME FORWARD, SIR, IF YOU WOULD, UH, OUR BOARD SECRETARY WILL SWEAR YOU IN AND THEN YOU'LL HAVE AN OPPORTUNITY TO GIVE YOUR, YOUR FEEDBACK.
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 BEFORE PROCEEDING.
UH, JAMES ELBAR, MD 55 0 7 WINSTON COURT DALLAS, 75,220.
THE RESIDENT THERE ABOUT 34 YEARS.
AND YOUR LAST NAME AGAIN, I APOLOGIZE.
UH, YOU HAVE NINE MINUTES BE BEFORE YOU BEGIN, CAN YOU MOVE THE MICROPHONE DOWN JUST A LITTLE BIT SO THAT WE CAN HEAR YOU BETTER? THANK YOU.
UM, THE ECHOING IS, I I REALLY CAN'T HEAR ALL.
IT'S, IT'S, IT'S THE NATURE OF THE BEAST IN THIS BEAST.
JUST TAKE IT CLOSER, JUST LIKE THIS.
AND JUST TALK AS SLOW AS YOU CAN AND WE WANT TO HEAR EVERYTHING YOU HAVE TO SAY, SIR.
I'M HERE TO OBJECT ON MULTIPLE GROUNDS AND BRING ATTENTION TO THIS, UH, COUNSEL.
UM, MULTIPLE PROBLEMS HAVE BEEN GOING ON HERE ONGOING THAT APPARENTLY ARE BEING IGNORED OR COVERED UP, OR THERE'S SOMETHING AMISS.
SERIOUSLY, THIS CONSTRUCTION ON THE FENCE, WE OBJECT VERY MUCH.
THERE'S NO NEW FENCES IN THE AREA OF THIS HEIGHT.
UH, AND IT, IT IS JUST APPEAL UNAPPEALING TO, WILL MAKE, BE UNAPPEALING IN THE NEIGHBORHOOD.
SECONDLY, THIS HAS BEEN GOING ON CLOSE TO FIVE AND A HALF YEARS WITH CONSTANT RIPPING UP, TEARING UP DESTRUCTION OF, UH, WHATEVER THEY START MORE DUST AND DIRT BLOWING AROUND WITH ABSOLUTELY NO CONCERN APPARENTLY BY THIS
[02:00:01]
OWNER.THE OTHER THING THAT'S REALLY SIGNIFICANT, WHICH APPARENTLY SOMEHOW IS NOT BEING ACKNOWLEDGED, WE ARE TOLD THERE ARE FOUR FULL APARTMENTS ON THIS BUILDING.
SOMETHING LIKE FIVE BUILDINGS ON THIS, ON THESE PROPERTIES.
AND THE COORDINATE SAYS THERE CAN ONLY BE ONE FULL APARTMENT, UH, IN ANYONE'S PROPERTY.
YET THIS APPARENTLY HAS FOUR AND THERE'S MULTIPLE BUILDINGS WITH A CAR MUSEUM AND, UM, OTHER BUILDINGS ALL ON THIS PROPERTY.
THIS CONSTANT REVISION, THE CONSTANT DIRT TURMOIL AND THE CONSTANT, UH, MESS IS, IS REALLY DISRUPTIVE TO THE NEIGHBORHOOD.
NOT ONLY WITH THE DUST AND DIRT, BUT WITH THE, UH, NOISE, THE, UH, CONTRACTORS COMING IN AND, UH, EARLY IN THE MORNING, ALL DAY LONG TRUCKS, UH, HUGE TRUCKS COMING AND GOING OVER NOT JUST MONTHS, YEARS.
AND THIS JUST HASN'T STOPPED AND I DON'T UNDERSTAND.
AND THEN, OH, THE OTHER PROBLEM IS BECAUSE OF ALL THE CONCRETE IN THE AREA, WHEN WE HAVE THE FLASH FLOODS, THE WATER COMES RUSHING DOWN AND THERE'S NO PROPER DRAINAGE AND THE WATER JUST FLOODS TO NEIGHBORS FROM OUR PLACE.
FOR EXAMPLE, WE'VE HAD TO HAVE MULTIPLE OTHER DRAINS PUT IN.
WE'VE TRIED EVERYTHING TO DIVERT THIS WATER FLOW BECAUSE THEY HAVE, UH, NO SO OR NO ABSORPTION OF THE, UH, WATER FROM WHAT WE CAN SEE.
LASTLY NOW THEY'VE BEEN PUTTING MOVING TREES AROUND BACK AND FORTH FOR MONTHS, YEARS, AND NOW THEY HIT SOME PLUMBING OR SOME, UH, DRAINAGE ON THEIR SITE, ON THEIR INSIDE.
YOU CAN SEE IT, THE PIPES THAT THEY WERE GONNA PUT A TREE IN AND IT WAS GONNA BREAK OUT ALL THIS PLUMBING AND ALL THE, UH, DRAINAGE FOR THE CITY PIPES.
AND APPARENTLY THIS HAD TO BE REROUTED OR TO, IT'S STILL OPEN, BUT I WANTED TO BRING ALL THESE PROBLEMS, UH, UH, TO THE, UH, ATTENTION OF THIS CONSOLE, WHICH ARE REALLY SERIOUS.
UM, I'M TOLD IN HIGHLAND PARK YOU HAVE TWO YEARS TO BUILD AND THAT'S IT.
BUT HERE, THIS HAS BEEN GOING ON FOR MULTIPLE YEARS AND NOTHING'S HAPPENED.
AND NOW THAT'S CONSTANTLY COMING BACK ASKING FOR MORE CHANGES.
BUT THE, UH, IF THE FENCE IS THE ISSUE TODAY, THAT'S JUST ONE OF THE ISSUES AND IT'S NOT CONSISTENT WITH GENERALLY IN THE NEIGHBORHOOD AT ALL.
AND I THINK IT'S, UH, DEROGATIVE OR DETRACTS FROM THE APPEARANCE OF THE NEIGHBORHOOD.
UM, CAN I ASK YOU A QUESTION OR TWO, SIR? SURE.
UM, WE ARE PROVIDED BY OUR PROFESSIONAL STAFF A MAPPING AND IT'S CONSISTENT WITH THE STATE STATUTE AND THE CITY ORDINANCE OF THE PROPERTIES THAT ARE WITHIN 200 FEET OF THE REQUEST.
AND YOU SAID YOU'RE AT 55 0 7 WINSTON COURT, CORRECT? ACROSS THE STREET.
SO I'M OH, THAT'S WHAT I WAS GONNA ASK FOR.
SO ARE YOU AT THE INTERSECTION OF WINSTON COURT IN HOLLOWAY VIEW? YES, SIR.
WE'RE, I'M ON THE HOUSE, THAT'S IMMEDIATELY, SO THAT IMMEDIATELY TO THE NORTH.
SO DOES THAT MEAN THAT YOUR PROPERTY OWNER NUMBER THREE, UM, DO YOU GUYS HAVE THE DEC A LIS BECAUSE WE WEREN'T PROVIDED IT FOR THIS CASE.
COULD, COULD YOU LOOK AT THE POWERPOINT? WE DIDN'T, WE DIDN'T GET ACCESS TO THE POWERPOINT.
DID YOU GET A NOTIFICATION IN THE MAIL FROM THE CITY? YES.
AND DID YOU RESPOND BECAUSE WE DID NOT SHOW A RESPONSE? I, I I, I RESPONDED LATE.
SO I WAS IN THE HOSPITAL IN TOWN.
I'M JUST, WE'RE ALWAYS WANTING TO MAKE SURE THAT THE FIRST AND FOREMOST THE SURROUNDING PROPERTY ENTERS HAVE AN OPPORTUNITY TO VOICE AN OPINION.
SECOND OF ALL, OTHER, OTHER SUR OTHER PROPERTY OWNERS.
UM, OKAY, SO I CAN'T SQUINT ON THIS.
CAN YOU LOOK AT NUMBER THREE IN HERE? CAN YOU SEE IN HERE NUMBER THREE? OR CAN YOU I CAN, WOULD YOU LIKE ME TO READ THE NAME? YES, PLEASE.
AND THE LAST NAME IS E L B A O R.
IS THAT YOU SIR? PARDON ME? IS THAT YOUR NAME? JAMES EDWARD ELBAR? YES.
SO ON OUR MAPS, HE WOULD BE AN OPPOSITION WITHIN THE, THE, THE REPORTING OR 200 FEET.
THANK YOU VERY MUCH, UM, UH, ON OUR MAP, BECAUSE PREVIOUSLY WE HAD NOT RECEIVED ANY FOR OR AGAINST THIS APPLICATION UNTIL YOU STEPPED UP TODAY.
WE HAD ONE LETTER FROM ANOTHER PROPERTY OWNER THAT I'M GONNA ASK ABOUT IN A MINUTE WHEN WE COME BACK TO THEM, BUT AS FAR AS WITHIN OUR 200 FEET.
UM, ANYTHING ELSE SIR? I DON'T KNOW.
I JUST WANTED TO PUT YOU ON THE MAP.
I WAS TOLD, UH, JAMES SMITH, THE PROPERTY OWNER JUST EAST WAS GONNA OBJECT, BUT I DIDN'T SEE HIM.
[02:05:01]
NOT THAT WE GOT IT ON OUR, ON OUR REPORT.UM, YOU CAN HOLD THERE FOR A SECOND.
I HAVE A COUPLE QUESTIONS FOR MY STAFF REGARDING YOUR COMMENTS BEFORE US TODAY.
MS. DUNN IS A REQUEST FOR A HEIGHT FENCE, HEIGHT REGULATION, AND THEN AN OPACITY ISSUE.
THOSE ARE THE ONLY TWO THINGS BEFORE US TODAY, CORRECT? CORRECT.
I'M SAYING THIS FOR YOUR BENEFIT, BUT ALSO US, OUR AUTHORITIES ONLY TO RESPOND TO THE APPLICATION THAT IS PRESENTED TO US.
YOU MENTIONED SEVERAL THINGS ABOUT FIVE BUILDINGS, ADUS, DRAINAGE, PLUMBING, UM, UH, THOSE TYPE OF CONCERNS.
AS MUCH AS I'D WANNA RESPOND TO THAT OR COMMENT ON IT, IF THOSE ARE THE ONLY TWO REQUESTS WE HAVE BEFORE US, MY GOOD BOARD ATTORNEY RIGHT HERE IS GONNA SAY, MR. CHAIRMAN, ALL YOU CAN DEAL WITH IS THE TWO REQUESTS.
THOSE OTHERS MAY BE VALID ISSUES, BUT THEY'RE NOT.
I THINK A LEGAL TURN IS RIPE YET CUZ THEY HAVEN'T BEEN BROUGHT TO US TO ADJUDICATE.
SO RESPECTFULLY, THE ONLY THING WE CAN RESPOND TO IS THE TWO REQUESTS RIGHT NOW, THE REQUEST FOR THE HEIGHT ISSUE AND THE REQUEST FOR THE OPACITY, THE SOLIDNESS OF THE FENCE.
SO WE'RE NOT IGNORING YOUR OTHER CONCERNS, BUT WE HAVE TO ZERO IN ON THOSE TWO REQUESTS.
I JUST WANNA MAKE SURE YOU UNDERSTAND THE FRAMING OF WHAT OUR AUTHORITIES FOR TODAY.
ANY OTHER SPEAKERS THAT HAVE REGISTERED FOR THIS CASE? NO OTHER SPEAKERS, SIR.
MR. BALDWIN, THE RULES STATE THAT AFTER YOUR PRESENTATION, YOU'RE ALLOWED A FIVE MINUTE REBUTTAL.
UH, I DON'T NEED A REBUTTAL ON THIS.
UH, I THINK, UH, YOU GUYS ASKED JERMAINE QUESTIONS.
YOU UNDERSTAND WHAT WE'RE ASKING FOR? UM, IF WE HAVE A PREVIOUSLY APPROVED PLAN THAT, UH, YOU KNOW, SHOULD WE NOT BE SUCCESSFUL HERE, WE'LL CONTINUE TO DO.
WE THINK OUR CURRENT PLAN, UH, IS REASONABLE.
IT, IT BETTER REFLECTS THE ARCHITECTURE OF THE HOUSE.
UH, AND REMOVING OF ONE OF THE DRIVEWAYS ON, ON HOLLOWAY, UH, I THINK IS GENERALLY BENEFICIAL FOR THE, THE WHOLE NEIGHBORHOOD.
UM, I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
I HOPE YOU CAN SUPPORT OUR REQUEST AND THANK YOU VERY MUCH.
UH, YOU CAN HOLD TIGHT CUZ I THINK THERE MAY BE SOME QUESTIONS.
SO QUESTIONS FROM THE BOARD FOR THE APPLICANT FIRST, AND THEN FOR ANYONE IN OPPOSITION.
BUT LET'S DEAL WITH THE APPLICANT FIRST.
WAIT, HOLD ON ONE SECOND, MR. NERI.
AND THEN MS. DAVIS IS WHO? I'VE GOT A QUEUING RIGHT NOW.
UM, YES, MR. BALDWIN, I DO YOU HAVE AN APPROXIMATE, UM, IDEA OF WHAT PERCENTAGE OF THIS ENTIRE FENCE WILL BE OPEN IRON PANELS ON YOUR POWERPOINT? YOU SAID THAT MOST OF THE FENCE WILL BE SIX, SIX TALL, UM, WITH OPEN DECORATIVE IRON PANELS, BUT I'D KINDA LIKE TO GET A, A BETTER IDEA OF JUST WHAT PERCENTAGE IS PROPOSED TO BE OPEN VERSUS THE SOLID WING WALLS, ET CETERA.
YOU KNOW, I SHOULD HAVE DONE THAT.
AND IF THIS IS IMPORTANT, YOU KNOW, WE'RE HAPPY TO HOLD THIS AND I CAN BRING YOU BACK THAT, THAT INFORMATION.
BUT, UH, USING MY EYES, UH, AND JUST I WOULD SAY 85% IS DECORATIVE AND OPEN.
AND THE, THE REMAINING 15% IS, UH, YOU KNOW, SOLID.
AS HAROLD SAID THAT HE REMOVED, UH, HE CUT IN HALF THE NUMBER OF COLUMNS ALONG THE RUNS OF THE FENCES AND, UH, ACTUALLY LOOKS TO ME THAT THE, UM, THE WING WALLS HAVE ACTUALLY SHRUNK AS WELL.
BUT IF IT'S IMPORTANT, I CAN GET THAT INFORMATION AND BRING IT BACK NEXT MONTH.
THANK YOU, MR. NERI, MS. DAVIS.
UM, SO I, I JUST WANNA CLARIFY.
SO THE, THE FENCE HEIGHT IS SUPPOSED TO BE FOUR FEET.
YOU WENT, YOU GOT AN APPROVAL TO DOUBLE THAT.
SO NOW YOU'RE COMING BACK AND YOU'RE ASKING FOR ANOTHER SEVEN INCHES.
SO, IN MY MIND, AND I KNOW I NEED TO ASK YOU A QUESTION.
HOW CAN YOU CONVINCE ME THAT I SHOULD VOTE YOUR WAY? BECAUSE YOU CAN CLEARLY CHANGE THE DESIGN AND YOU'RE GOING TO HAVE LANDSCAPING IN FRONT OF THE FENCE.
AND THIS IS JUST PROLONGING THE PROCESS EVEN FURTHER THAT I GUESS HAS BEEN TAKING QUITE SOME TIME.
SO MY QUESTION IS, HOW CAN, HOW CAN YOU CONVINCE ME TO VOTE FOR THIS WHEN LOGICALLY IT, IT DOESN'T MAKE SENSE TO ME? UM, THAT WAS VERY ARTFULLY DONE IN A QUESTION.
IS THAT OKAY? YES, NO, EXACTLY.
YOU DID IT VERY LY IN A QUESTION.
UM, FENCES ARE TOUGH, YOU KNOW, UH, EVERY, NOT EVERYBODY AGREES ON WHAT IS AN APPROPRIATE FENCE IN AN APPROPRIATE AREA.
[02:10:01]
FENCES DON'T ALWAYS MAKE GOOD NEIGHBORS.UH, OFTENTIMES WHEN YOU GO THROUGH THESE FENCE HEARINGS, UH, THERE'S A LOT OF OPPOSITION.
THERE WAS ONE YET ONE AT THE YESTERDAY'S BOARD WHERE THERE'S 10 OR 15 PEOPLE HERE TO SPEAK IN OPPOSITION.
UH, WE'VE GONE THROUGH THIS TWICE.
UH, THIS IS THE FIRST OPPOSITION THAT WE'VE HAD, UH, THAT I KNEW OF.
UM, THE, THE LETTER YOU RECEIVED IN THE MAIL WAS ACTUALLY FROM, UM, THE EXECUTOR OF THE ESTATE.
SO, UH, THE, THAT THE PEOPLE WHO WROTE THAT LETTER DON'T LIVE THERE.
AND I DON'T KNOW IF THEY WILL LIVE THERE.
UH, BUT SHE'S THE EXECUTOR OF THE ESTATE, OF THE OWNER OF THE HOUSE.
SHE SAYS, ACCORDING TO THE LETTER, SHE SAYS THE EXECUTOR OF HER MOTHER'S ESTATE, WHO OWNS 55, 43 WINDSOR COURT.
THAT'S WHAT SHE'S PURPORTS TO.
UH, I DON'T KNOW WHAT'S GONNA HAPPEN WITH THAT, BUT, UH, GENERALLY THE HOUSES THAT ARE, THE NEW HOMES THAT ARE BUILT IN THAT AREA COME WITH FENCES AND GATES.
UH, THAT'S JUST PART OF THE WAY THEY'RE DONE.
UH, IF THE HEIGHT, THE EXTRA EIGHT, THEY'RE, UH, SEVEN INCHES IS CONCERN.
WE DON'T HAVE A PROBLEM GOING BACK TO THE ORIGINAL HEIGHTS AND JUST CHANGE THE, THE DESIGN OF THE FENCE.
AND, UH, THE LOCATION OF THE DRIVEWAYS, WE WOULD PREFER TO KEEP OUR DESIGN, BUT, UH, WE, WE, IF, IF, IF THIS SUPPORT OF THIS HINGES ON THE FENCE HEIGHT, WE'RE, WE'RE WELCOME TO GO, WE'RE HAPPY TO GO BACK TO WHAT WAS ORIGINALLY PROPOSED.
SO, SO I, I'M GOING TO EXPRESS A LITTLE BIT OF, UM, FRUSTRATION HERE THAT YOU'VE ALREADY HAD THE FENCE DOUBLED AND YOU JUST SAID TO ME THAT YOU COULD MAKE DUE WITH THE CURRENT HEIGHT.
SO THEN WHY ARE YOU HERE? WHY DO WE NEED THE ADDITIONAL SEVEN INCHES WHEN YOU CAN DESIGN THAT FENCE TO BE COMPLIANT? BECAUSE WE WERE HELD, UH, WHEN, WHEN THIS GETS APPROVED, YOU'RE HELD TO ELEVATIONS AS WELL AS A SITE PLAN.
WE HAVE A NEW LANDSCAPE ARCHITECT.
HE HAS A DIFFERENT VISION OF WHAT IS APPROPRIATE FOR THE HOUSE.
AND THAT'S WHY WE'VE GOT THE, THE TALLER HEIGHT AND THE DIFFERENT ELEVATIONS HERE.
UH, SO IF, IF THIS GETS DENIED, WE GO BACK TO THE, THE ELEVATIONS THAT WERE PREVIOUSLY APPROVED, YOU KNOW, WITH THE, UH, THE W AND THE GATE AND ALL THAT.
THAT'S WHAT WE HAVE TO BUILD TO, UM, MY JOB'S TO TRY TO GET THIS APPROVED.
AND, UH, IF IT, IF IT TAKES, UH, GOING BACK TO THE ORIGINAL HEIGHT TO GET IT APPROVED, I THINK THAT, UH, BASED ON MY CONVERSATIONS WITH HAROLD, THEY WOULD, THEY REALLY WOULD WANNA MAKE SURE THAT WHO IS, WHO IS HAROLD? OH, OKAY.
I JUST WANNA MAKE SURE I KNOW WHO YOU'RE TALKING ABOUT.
THE, THE NEW DESIGN, UH, UH, IS, UH, APPROVED IN THE LOCATION OF THE DRIVEWAY AND PULLING THE FENCE OUT OF THE, THE RIGHT OF WAY IS, IS DONE.
I AGREE WITH, CAN I SAY ONE THING THAT I AGREE? IT'S, IT'S REALLY A SIDE PLANT IS THE BIGGIE
AND THE OTHER THING IS JUST WE WANNA ELIMINATE ONE OF THE DRIVES, BUT THIS PLAN WILL ELIMINATE, HOLD ON ONE SECOND.
LET LET, CAUSE I'M STILL CONFUSED AND I'M, THE FLOOR IS MS. DAVIS'S, BUT I'M GONNA TAKE PREROGATIVE OF THE CHAIRMAN HERE.
YOU'RE SAYING THAT THE SITE PLAN, THAT THIS BOARD OF ADJUSTMENT WITH OUR STAFF MM-HMM.
APPROVED ON NOVEMBER 16TH, 2021 WAS APPROVED IN THE RIGHT OF WAY.
HOW COULD YOU BUILD ON THAT? EVEN IF WE APPROVED IT, I'D PULL IT BACK AND MAKE IT LEGAL.
BUT I'M JUST SAYING, COULD, COULD THEY LEGALLY BUILD ON IT IF WE APPROVED IT IN ERROR? HOLD ON A SECOND.
CUZ MY QUANDARY IS, WOW, WE MADE A MISTAKE.
AS SOON AS YOU RECOGNIZE YOUR MISTAKE.
SO WE'RE NOW BEING TOLD WE, WE MADE A MISTAKE.
SO I INSTANTLY THINKING, WHAT DO WE NEED TO DO TO MODIFY? YOU'RE SAYING NO, I CAN'T MISS TANISHA.
SO DO YOU SEE ONE ON MY QUANDARY IS STAFF? YES.
CAN CAN I SPEAK TO THAT JUST A MINUTE.
UH, UH, I'M, I'M, I'M, I NEED ASSISTANCE FROM MY STAFF BECAUSE, UH, DONNA WOULD LIKE TO SHOW YOU AN EXHIBIT OF ME, MS. DIANA, PLEASE, OF THE EXHIBIT.
SO DON'T WORRY, THIS IS YOUR TIME.
WE'RE IN QUESTION, ANSWER NOW AND SO FORTH.
MY CONCERN IS TO MAKE SURE THAT THE BOARD IS ALWAYS OPERATING WITHIN, UH, THE LETTER OF OUR AUTHORITY.
AND I, I'M STUNNED THAT WE APPROVE SOMETHING IN THE PUBLIC RIGHT OF WAY IF WE'RE NOT ALLOWED TO DO THAT.
SO I WANT MS. DIANA TO VERIFY THAT THAT WAS OUR, OOPS.
AND THEN WHAT DO WE NEED TO DO ABOUT IT? BECAUSE THIS BOARD MAY DENY YOUR REQUEST, WHICH MEANS YOU REVERT BACK TO A PLAN THAT WAS APPROVED, BUT INCORRECTLY APPROVED.
THAT'S WHERE WE'RE POTENTIALLY HEADED DOWN TO.
AND I DON'T KNOW IF THAT'S WHERE WE WANNA LAND.
SO, WELL, AND DID WE KNOW IT WAS THE WASTE RIGHT AWAY? I DON'T KNOW.
[02:15:01]
SO SPEAK TO SPEAK, SPEAK TO THE PREFERENCE.THIS WAS JUST TO SHOW THE APPROVED PLAN THAT YOU SAID.
NOW, THE PREVIOUS PREVIOUS, THE PREVIOUSLY APPROVED PLAN YES.
SO THIS RIGHT HERE DOESN'T SHOW ME THAT IT WAS BOARD MEMBERS APPROVED.
WANNA TO COME OVER AND LOOK AT THIS? THIS IS ALL ON THE RECORD HERE, SO THAT IT WAS APPROVED IN THE RIGHT OF WAY.
IT DOESN'T SHOW LIKE THE PROPERTY LINES ARE.
HERE'S WHERE IT SHOWS APPROVED.
SO I JUST, I JUST WANTED YOU TO REFERENCE.
WHERE IN HERE DOES IT SHOW THE RIGHT OF WAY, MS. BARKLEY? WELL, THIS IS YOUR PROPERTY LINE RIGHT HERE.
SO ANYTHING BEYOND THAT, BUT YOU, IT DOESN'T HAVE IT HIGHLIGHTED WHERE YOU APPROVED THE FENCE.
I'M ASSUMING THESE LINES RIGHT HERE YES.
BUT I DON'T SEE ANYTHING IN THE FRONT.
SO THIS, THIS PLAN REALLY DOESN'T SHOW.
SO WHY DID WE EVEN ACCEPT THIS? I, I DON'T KNOW.
I WASN'T, I'M I'M NOT SHOOTING YOU, I'M SHOOTING RIGHT NOW.
I'M, I'M SHOOTING IT MYSELF AND OURSELVES CUZ WE APPROVE SOMETHING THAT IS NOW IN QUESTION.
UM, BECAUSE AGAIN, AS I'M UNDERSTANDING THIS, IF THE BOARD WAS TO DENY TODAY, IT REVERTS BACK TO A PLAN THAT IS NOW IN QUESTION WHETHER IT'S LEGITIMATE MM-HMM.
SO I WANNA MAKE SURE, MR. ATTORNEY, I HOPE YOU'RE THINKING ABOUT HOW, HOW WHAT WE CAN AND CANNOT DO HERE.
SO MS. DIANA, AGAIN, THIS, THIS, ARE YOU REACHING, READING THESE RACHEL? WHAT IS THIS LINE? HERE IS THE PROPERTY LINE.
THAT'S SO WHERE'S THE FENCE? CAN'T EXACTLY CAN TELL.
I'M ASSUMING THESE RIGHT HERE ARE THE COLUMNS.
AND THEN, BUT I CAN'T TELL WHERE THE FENCE IS.
SEE THIS? WELL, IF THESE ARE THE COLUMNS THAT'S RIGHT.
YOU CAN'T REALLY TELL HONESTLY.
I MEAN, YOU WOULD NEED A, SO YOU AS THE APPLICANT ARE TESTIFYING TO US TODAY, THAT THE PREVIOUS PLAN, THIS ONE RIGHT HERE, GIVES YOU THE RIGHT TO BUILD IN THE RIGHT OF WAY.
NO, IT DOESN'T GIVE US THE RIGHT TO BUILD IN THE RIGHT OF WAY.
IT IT, IT APPROVES A PLAN IN THE RIGHT OF WAY.
AND WE'RE, WE'RE TIED TO A SITE PLAN THAT, UH, WHEN YOU GET THESE APPROVED, YOU'RE TIED TO A SITE PLAN IN ELEVATIONS.
SO IN ORDER TO BUILD IN THE RIGHT OF WAY, WE'D HAVE TO GET A PRIVATE LICENSE FROM THE CITY TO DO SO.
BUT THE CITY'S NOT GONNA NECESSARILY GIVE YOU THAT.
NO, THIS, YOU, WE DO NOT HAVE RIGHTS TO BUILD, TO BUILD TO THE APPROVED PLAN TODAY.
WE'D HAVE TO GO GET A PRIVATE LICENSE TO DO THAT.
AND WE'RE TRYING TO, OR THE, OR THE OTHER THING IS REDO YOUR PLANS WITH AT THE PROPERTY LINE OR BEHIND IT LOOKS, WHICH IS WHAT YOU'RE REQUESTING TODAY.
BUT THE HICKEY TODAY IS YOU'RE ASKING FOR A INCREASE IN HEIGHT.
AND I DON'T THINK THAT THIS LOOKS LIKE THIS IS THE PROPERTY.
I WANNA MAKE EVERYTHING'S ON THE RECORD JUST EXPLAINING THAT THIS LOOKS LIKE THIS IS THE PROPERTY LINE AND THE FENCE IS BEHIND IT SO IT DOESN'T LOOK LIKE IT WAS APPROVED IN THE RIGHT OF WAY.
IT LOOKS LIKE IT WAS BUILT IN THE RIGHT OF WAY MAYBE.
BUT, BUT WHAT ABOUT THIS RIGHT HERE? SEE THAT THIS IS PAST THE, RIGHT, THE THE PROPERTY LINE.
WELL THIS IS THE PROPERTY LINE.
BUT IF THEIR FENCE IS BACK HERE, BUT WHAT IS THIS RIGHT HERE? SEE THAT, THAT GOES OUT THAT, THAT COULD BE PAVEMENT.
OKAY, HOLLY, IT LOOKS LIKE I AM.
WHERE, WHAT WERE WE THINKING? OKAY.
UM, ALRIGHT, I WANTED TO MAKE SURE THAT IT WAS ALL ON THE RECORD AND ALL.
WERE YOU ABLE TO SEE WHERE WE'RE IN THE RIGHT OF WAY? UH, IT LOOKS THAT WAY AND UH, IF THAT WAS THE CASE, THAT WAS AN ERROR BY OUR PART, UH, IN DOING SOMETHING THAT WOULD THEN APPROVING SOMETHING THAT WOULD THEN IMPLY THAT YOU HAVE THE RIGHT YET YOU DON'T.
CUZ YOU HAVE TO STILL GET A PERMIT FROM THE CITY TO WHAT DID YOU, WHAT YOU CALL A THE, TO TO BUILD IN A RIGHT OF WAY PUBLIC RENTAL.
AND THE PROBLEM WITH THE PRIVATE, AND WE WOULD NOT KNOWINGLY DO THAT.
THE BOARD WOULD NOT KNOWINGLY APPROVE SOMEONE BUILDING, WE WOULD KNOWINGLY ASK YOU TO APPROVE SOMETHING THAT YOU CAN'T APPROVE.
SO, SO THIS BEING, ALRIGHT, SO MR. BOARD ATTORNEY ARE, ARE YOU HEARING THE QUANDARY THAT WE'RE IN, IN THAT WE FEEL LIKE AN APPROVAL PREVIOUSLY MADE, UH, IS TAINTED BY VIRTUE OF APPROVING SOMETHING OF A BUILDING IN A PUBLIC RIGHT OF WAY, WHICH REALLY WE DIDN'T HAVE THE RIGHT TO DO? I WOULD SAY TO THE PANEL THAT WE CANNOT ALLOW SOMETHING TO GO BACK TO THAT.
SO WE NEED TO POTENTIALLY ADJUDICATE TODAY AGAINST THIS REQUEST AND NOT LET IT FALL BACK.
BECAUSE IF WE ARE, I'M SPEAKING ON THE, IF WE DENY IT, IT GOES BACK TO A PLAN THAT I DON'T THINK IS VALID.
THAT DOESN'T MEAN WE SHOULD APPROVE THIS.
MAYBE WE APPROVE IT WITH MODIFICATIONS WITHIN WHATEVER OUR, OUR BOUNDARIES ARE.
DISCUSSIONS OR QUESTIONS FOR THE APPLICANT? MS. DAVIS, YOU HAVE YOUR HAND FIRST THEN MR. HOLCOMB.
WELL WE COULD, WE COULD VOTE TO HOLD THIS OVER TO CLARIFY.
AND HOPEFULLY THE CLIENT, UM, UNDERSTANDS WHERE CERTAIN OKAY.
[02:20:01]
ON THE HEIGHT, WHAT THEY'RE LOOKING, WHAT THEY'RE ASKING FOR WHEN IT COMES TO HEIGHT AND THE OPACITY.YOUR I CAN I ASK THE, UH, THE CITY ATTORNEY A QUESTION OR STAFF? YOU CAN ASK ME A QUESTION AND THEN I'LL DECIDE TO OR NOT.
IF THIS GETS HELD, WOULD WE HAVE THE OPTION TO AMEND OUR APPLICATION? YES.
KEEP THE HEIGHTS THE SAME AND JUST ASK THE REVISED SITE PLAN BE APPROVED.
AND I'M NOT AN ARCHITECT, ARCHITECT OR WHATEVER, BUT I MUCH, AND MY OPINION MATTERS NOT, BUT I MUCH PREFER YOUR REVISED VERSION RATHER THAN THE PREVIOUS VERSION.
THE PREVIOUS VERSION WAS, YOU KNOW, IT'S TAINTED NOW.
SO THERE'S NO WAY I'M GONNA WANT ANYTHING TO DO WITH THE PREVIOUS VERSION.
SO I THINK THE PREVAILING OPINION AND IT'S UP TO THE BOARD TO DECIDE.
I'M COMMUNICATING TO YOU APPLICANT AND DOCTOR, I'M ALSO SPEAKING TO YOU CUZ YOU, YOU TOOK THE TIME TO COME HERE AND I APPRECIATE THAT.
I THINK WHERE WE'RE HEADED IS WE'RE GONNA HOLD THIS UNDER ADVISEMENT TILL, AND THE BOARD WILL HAVE TO ACT, I'LL BE RECOMMENDING TO THE BOARD THAT WE HOLD IT UNDER ADVISEMENT TILL THEIR AUGUST 15TH.
IS IT 15TH AUGUST 15TH MEETING.
AND YOU WILL IN SHORT ORDER, MODIFY, CONSIDER MODIFYING THAT MAKES IT TOTALLY COMPLIANT WITH WHATEVER HEIGHT YOU THINK YOU'RE GONNA GET AWAY WITH HERE.
NOW YOU HAVE HEARD THE FEEDBACK FROM THE BOARD? YEAH, WE WILL.
AND FROM THE OPPOSITION AND I'M JUST SPEAKING AMONGST THE PANEL.
I'M NOT A, THE ADDITIONAL HEIGHT IS NOT, I'M NOT SOLD ON.
SO ANY OTHER COMMENT TO THAT AND THEN WE'RE GONNA TAKE A, WE'RE GONNA HAVE MAKE A MOTION.
YEAH, I'M HAPPY TO, SHOULD THIS BE HELD UNDER ADVISEMENT? I'M HAPPY TO AMEND OUR APPLICATION, KEEP THE HEIGHTS THE SAME, BUT BRING THE NEW DESIGN IN.
CAUSE I DO BELIEVE THE NEW DESIGN IS SUPERIOR CUZ IT'S MORE OPEN, FEWER COLUMNS, UM, AND REMOVES THE DRIVEWAY.
SO I THINK I HEAR WHAT YOU'RE SAYING AND I'M HAPPY IF I WOULD LIKE TO ASK THAT THIS BE HELD OVER FOR A MONTH TO GIMME A CHANCE TO, UH, AMEND MY APPLICATION.
MS. DAVIS, YOU HAD A QUESTION? NO, I DON'T.
UM, I AM NOT A FAN OF HOLDING OVER CASES.
I KNOW YOU'RE NOT BECAUSE IT'S NOT FAIR TO THE GENTLEMAN THAT CAME HERE AND SPENT HIS HALF HIS DAY HERE AND OTHER PEOPLE.
SO I'M REALLY HESITANT ABOUT THAT.
AND IF WE HOLD OVER ONCE BE TAKE A, TAKE A FLYING LEAP AT A SECOND TIME.
UM, UH, SO I'M GONNA, I'M GONNA MAKE A MOTION THEN I'LL COMMENT ON MY MOTION IN THE MATTER OF BDA 22 366.
THIS IS AT 55 18 WINSTON COURT.
THE CHAIRMAN MOVES TO THE BOARD OF ADJUSTMENT HOLD THIS MATTER UNDER ADVISEMENT UNTIL AUGUST 15TH, 2023.
IT'S BEEN SECONDED BY MS. DAVIS.
I'M MAKING THIS MOTION BECAUSE I, WE CANNOT KNOWINGLY ALLOW A PLAN TO GO REVERT TO SOMETHING THAT WAS INCORRECT.
AND OUR STAFF AND THE APPLICANT NEED TO VERIFY WHERE THEY INDEED CAN SAY THAT THAT PLAN IS TAINTED.
THAT WAS APPROVED ON THE PUBLIC RIGHT OF WAY.
SO HOPEFULLY WE DIDN'T
BROTHER CITY'S RIGHT OF WAY, NUMBER ONE.
NUMBER TWO, I WOULD AGREE WITH MS. DAVIS'S.
I'M SPEAKING TO MY PANEL NOW CAUSE THE HEARING'S OVER.
I WOULD AGREE WITH MS. DAVIS'S OBSERVATION.
I DIDN'T SEE MANY TALL, THICK, SOLID FENCES IN THE NEIGHBORHOOD BASED TO WHAT I SAW HERE.
SO THAT PREDISPOSES ME AS IT RELATES TO HIGH SOLID FENCES.
NOW, IF THE, IF THE, UM, HEIGHT AND OR OPACITY IS JUST AT THE GATES, MAYBE I COULD BUY INTO THAT.
BUT, UH, I THINK THE GENTLEMAN, THE DOCTOR THAT'S HERE AS WELL AS THE PERSON THAT SPOKE IN THE CORNER HERE, UH, THEY'RE SPEAKING TO THE ISSUE OF HIGH FENCES AND WHY SHOULD ONE PERSON HAVE A HIGHER FENCE THAN OTHER PEOPLE? AND THIS, YOU'RE RIGHT, FENCES ARE A TOUGH THING.
AND HOW DO I KNOW WHAT'S BETTER FOR YOU VERSUS THE DOCTOR VERSUS SOMEONE ELSE'S? THAT'S WHY WE TAKE PUBLIC FEEDBACK.
SO I'M IN THE FAVOR OF HOLDING IT OVER AND IN HOPES THAT THE STAFF AND THE APPLICANT WILL VERIFY WHERE THE FENCE LINE IS AND THAT YOU'RE, THAT THE APPLICANT IS AWARE OF THIS ONE MEMBER'S CONCERN ABOUT HEIGHT AND OPACITY.
MS. DAVIS, UH, I'M SUPPORTING THIS MOTION CUZ I AGREE WITH, UH, THE CHAIRMAN'S COMMENTS AND I'M ALSO HOPING THAT BY HOLDING THIS OVER, WE'RE NOT DELAYING THE PROCESS E EVEN FURTHER BECAUSE I'M SURE THAT THE NEIGHBORS ARE EXTREMELY FRUSTRATED THAT THIS IS TAKING SO LONG.
AND I WOULD HOPE THAT YOUR CLIENT WANTS TO BE A GOOD NEIGHBOR AND FINISH THE CONSTRUCTION.
I WOULD SAY, AND I WOULD THINK BECAUSE PART OF OUR RESPONSIBILITY, PART OF OUR RESPONSIBILITY, UH, GOES TO THE ISSUE OF, HOLD ON.
UH, THE, THE SPECIAL EXCEPTION WILL NOT ADVERSELY
[02:25:01]
AFFECT NEIGHBORING PROPERTY.AND WHEN WE HEAR OPPOSITION, THAT ISN'T KILL REQUEST, BUT IT PUTS PAUSE ON THE QUEST AND THEN WE HAVE TO MEASURE, OKAY, WHAT'S REALLY GOING ON HERE? AND I WOULD THINK IT'D BE IN YOUR BEST INTEREST TO HAVE A CONVERSATION WITH THAT NEIGHBOR BEHIND YOU, BECAUSE I PROMISE YOU, WHEN THIS COMES BACK NEXT MONTH, I'M GONNA REMEMBER THIS AS WILL THIS PANEL AND WONDER, I WONDER WHAT CONVERSATION OCCURRED OR NOT HAVING A PROJECT GO ON FOR FIVE YEARS, DISRUPTS A NEIGHBORHOOD.
AND THE ONE THING THAT EVERYONE LOVES TO TALK ABOUT IN DALLAS IS GREAT NEIGHBORHOODS AND WE WANT TO PROTECT AND CHERISH OUR NEIGHBORHOODS.
SO HOW'S THAT FOR A POLITICAL EDITORIAL? UH, I'VE GOT MS. HAYDEN AND THEN MR. UH, MS. HAYDEN, I I ALSO JUST WANNA POINT OUT THAT I THINK IT'S, IT'S GENEROUS OF IF THIS PANEL APPROVES THIS, THIS HOLDOVER.
UM, AND I WANNA ENCOURAGE YOU NOT TO REQUEST OR LOOK AT IT THIS AS AN OPPORTUNITY TO COME BACK FOR ADDITIONAL VARIANCES FOR OTHER THINGS SUCH AS VISIBILITY TRIANGLES,
JUST THAT YOU KNOW, THIS, THIS IS A, I I THINK THIS WOULD BE A GENEROUS OFFER FOR US TO ALLOW THIS TO BE HELD OVER TO CORRECT ANY DEFICIENCIES IN THE ORIGINAL DESIGN.
CUZ OTHERWISE I WOULD'VE VOTED NO TODAY.
BUT YOU NEED FOUR MR. HOLCOMB.
UM, YEAH, I'M, I'M GENERALLY IN AGREEMENT WITH THE OTHER BOARD MEMBERS.
UM, I'M IN SUPPORT OF THE MOTION.
UH, I HOPE TO SEE, UH, PERCENTAGES ON WHAT'S OPAQUE VERSUS WHAT'S TRANSPARENT.
I'D LIKE TO SEE, YOU KNOW, A FULL BREAKDOWN OF WHAT THE FENCE LOOKS LIKE AS IT RELATES TO THE STANDARD AND JUST THE OPINION OF THIS ONE BOARD MEMBER.
I THINK, I THINK THE PREVIOUS ASK WAS ENOUGH.
THE ADDITIONAL SEVEN INCHES KIND OF RUBS ME THE WRONG WAY.
THE MOTIONS BEEN MADE TO HOLD BDA 2 23 0 66.
UH, THE CHAIR HAS MADE THE MOTION.
UH, MS. DAVIS IS SECONDING THE MOTION TO HOLD IT OVER TO AUGUST 15TH.
UH, BOARD SECRETARY, PLEASE CALL FOR VOTE.
MS. DAVIS A MR. CHAIR AND I ALWAYS HESITATE VOTING FOR HOLDOVERS.
CUZ I I RESPECT CITIZENS' TIME.
WE'RE, WE'RE TRYING TO BE FAIR TO EVERYONE.
MOTION PASSES FIVE ZERO IN THE MATTER OF BDA 2 3 2 2 3 0 6 6.
THE BOARD APPROVES HOLDING THE MATTER OVER TO AUGUST 15TH.
WE'RE GONNA TAKE A FIVE MINUTE RECESS, A FIVE MINUTE RECESS.
IT IS 3:29 PM UM, ON THE 18TH OF JULY.
[02:34:10]
ALL RIGHT.IT IS 3:35 PM ON THE 18TH OF JULY, 2023.
THE BOARD OF ADJUSTMENT PANEL A IS RECONVENING FROM A FIVE MINUTE BREAK.
UH, OUR LAST CASE FOR THE DAY ON OUR DOCKET IS BDA 2 23 DASH ZERO SEVEN BDA 2 23 DASH ZERO SEVEN.
THIS IS AT 33 49 CORNET BOULEVARD, 33 49.
UH, AS WAS DISCLOSED THIS MORNING, UM, WE RAN OUT OF TIME, UM, FOR THE BRIEFING.
SO WHAT WE'RE GONNA FIRST HAVE IS THIS, UH, DEVELOPMENT SERVICES STAFF BRIEF THE CASE AND THEN WE WILL CON, UM, TRANSITION TO A PUBLIC HEARING WHERE THEN THE APPLICANT WILL BE CALLED TO SPEAK TO THE REQUEST AND ANYONE IN FAVOR WILL SPEAK ANYONE IN OPPOSITION TO SPEAK AND THEN WE'LL GO TO THROUGH OUR PUBLIC HEARING.
[02:35:01]
BOARD ATTORNEY HAS ASKED ME TO ALLOW HIM TO MAKE A STATEMENT FIRST, SO I'M GONNA GIVE THE FLOOR TO OUR BOARD ATTORNEY.UM, I NEED TO MAKE A QUICK, UH, ADVISORY STATEMENT TO, TO THE BOARD, UM, IN REGARDING THIS CASE.
SO THE MAXIMUM HEIGHT FOR THIS CA THE RESIDENCE WAS PROPERLY NOTICED AT 32 FEET.
ADDITIONALLY, THE TWO FOOT VARIANCE THAT IS TIED TO THE R FIVE ZONING AND A 30 FOOT MAXIMUM HEIGHT WAS ADDITIONALLY PROPERLY NOTICED.
HOWEVER, THERE WAS NO NOTICE REGARDING THE FIVE FOOT VARIANCE TIED TO THE NSO AND IT'S 27 FOOT MAX HEIGHT.
SO DUE TO THE FACT THAT THE FIVE FOOT VARIANCE WAS NOT PROPERLY NOTICED, THE CITY'S ATTORNEY'S OFFICE FEELS THAT THE BEST THING TO DO IS HOLD IT OVER AND RE-NOTICE IT DUE TO THE RISK THAT IT COULD BE REVERSED AND REMANDED ON APPEAL.
NOW THAT SAID, UH, I BELIEVE THE APPLICANT DISAGREES WITH THIS CHARACTERIZATION AND WANTS TO MOVE FORWARD AND IT'S ULTIMATELY THE DISCRETION OF THE CHAIRMAN AND I THINK HE'S INDICATED THAT HE WANTS TO MOVE FORWARD WITH THE BRIEFING.
UH, AND THEN AFTER THAT, ULTIMATELY IT'S UP TO THE BOARD AND THEIR IN YOUR DISCRETION TO DECIDE WHETHER YOU WANT TO HEAR THE CASE AND ACCORDINGLY MAKE MOTIONS TO APPROVE THE DENY OR HOLDOVER.
THANK YOU MR. ZAPP, OUR BOARD ATTORNEY.
INDEED, IT'S YOUR ROLE TO PROVIDE US, UM, GUARDRAILS ON THINGS THAT WE DO AND, UM, CAUTION.
UH, I THINK THAT, UM, UM, I THINK WE ARE IN A POSITION STILL TO BE BRIEFED AND HAVE THE PUBLIC HEARING ON THIS ITEM, UM, AS WELL AS THE APPLICANT'S REQUEST TO PROCEED.
SO I'M FINE WITH PROCEEDING WHEN WE GET TO THE PUBLIC HEARING.
THE BOARD CAN, UH, SPEAK TO ITS WILL AND MAJORITY HOLDS AS IT ALWAYS IS THE CASE.
SO THAT BEING SAID, UH, MS. DUNN, UH, WHO'S STAFF BRIEFING US ON 2 2 3 0 77, I'M GONNA BRIEF THIS ONE.
I'M THE, UH, CHIEF PLANNER AND BOARD COORDINATOR FOR BOARD OF ADJUSTMENT.
I'M GONNA BE BRIEFING THIS CASE FOR DR.
AND SO THIS CASE COMES TO YOU TODAY WITH A DEVELOPMENT SERVICE METRICS OF 39 DAYS.
THE LOCATION IS LISTED HERE ON THE SCREEN.
IT IS NORTH OF TRINITY GROVES, SOUTH OF THE TRINITY RIVER, WEST OF 35, EAST AND EAST OF SYLVAN AVENUE.
AND, UH, IN WALKING DISTANCE FROM, UH, RETAIL RESTAURANT MIXED USE DEVELOPMENT AND MULTIFAMILY.
THIS IS THE AERIAL MAP SHOWING THE SITE OUTLINED IN BLUE, SHOWING THE STREET AND SURROUNDING RESIDENTIAL PROPERTIES.
THE SITE IS DUALLY ZONED R FIVE A WITH AN NSO 13 OVERLAY AS OF 1:00 PM THE DAY BEFORE THIS BRIEFING AND HEARING, OUR OFFICE RECEIVED 16 LETTERS OF SUPPORT AND ZERO LETTERS OF OPPOSITION AFTER, HOLD ON HERE, I'M GONNA COLOR CODE.
AFTER THE 1:00 PM DEADLINE, WE RECEIVED OPPOSITION LETTERS.
THEY WERE PULLED FROM THE COMPUTER SYSTEM THIS MORNING.
COULD YOU GO BACK A CLICK PLEASE? GO BACK PLEASE.
RIGHT, SO I'M JUST MARKING ON HERE.
THE OPPOSITION LETTERS THAT WE RECEIVED AFTER THE DEADLINE, WE STILL INCLUDED THEM IN THE PRESENTATION AND THERE ARE LISTED HERE ON THE SCREEN AND THERE ARE ABOUT MAYBE NINE PAGES.
THIS IS, THESE ARE ALL OPPOSITION.
NOW I BELIEVE THIS IS OPPOSITION FROM THE NEIGHBORHOOD ASSOCIATION AND SOME OF THESE NAMES ON HERE ARE DOUBLED AND TRIPLED.
UH, THESE ARE DEFINITELY OUTSIDE OF THE 200 FOOT RADIUS BECAUSE IF I MOVE FORWARD TO THIS SCREEN HERE, ALL YOU SEE IS 24 PROPERTY OWNERS NOTIFIED OUTSIDE OF THE 200 FOOT RADIUS.
AND THEN YOU CAN ALSO TAKE NOTE ON HERE THAT THERE ARE MAYBE EIGHT RESIDENTS AT, UM, LIKE ONE LOCATION AND, AND IT'S NOT ON THIS SCREEN.
YOU CAN SEE 'EM VARIABLY THROUGHOUT THIS SHEET.
HOLD THAT THOUGHT FOR A SECOND PLEASE.
OKAY, MS. WILLIAMS, UM, YOU REGULARLY EMAIL THE BOARD WHEN YOU GET, UH, UM, OPPOSITION OF SUPPORT LETTERS AND SO FORTH.
THAT'S WHAT I SEE THERE IS WHAT I PRINTED OFF CUZ I'M A PRINTER, UH, PRINTED OFF.
UH, DID YOU RECEIVE ANY ADDITIONAL, UM, INFORMATION OTHER THAN WHAT YOU EMAILED US? NO OTHER INFORMATION WAS RECEIVED.
SO I'M JUST WANTING TO GET THE, WHAT THE, WHAT THE WORLD OF WHAT WE HAVE RECEIVED.
EACH BOARD MEMBER SHOULD HAVE GOTTEN THE EMAIL FROM MS. WILLIAMS THAT SHOWED THIS.
I WENT AND PRINTED IT OUT AND SO FORTH.
AND I WOULD ALSO LIKE TO BRING TO YOUR ATTENTION ON THESE OPPOSITION LETTERS.
THE ACRONYMS ARE IN O IN THE SECOND COLUMN, WHICH WE CAN'T DIFFERENTIATE WHAT THAT MEANS.
[02:40:01]
QUESTION FOR THE APPLICANT, BE, BE BECAUSE I WE COULDN'T DECIDE FOR OH, FOR THE OPPOSITION.AND SO THAT IS THE LIST OF PROPERTY OWNERS NOTIFIED.
UH, ARE YOU DONE PLOTTING THE 16 ON THE NOTIFICATION MAP? UH, I AM ONE SECOND HERE.
OKAY, SO IN THESE, WELL, I'LL ASK THIS TO THE SPEAKERS WHEN THEY COME, CUZ I'M ASSUMING THE SPEAKERS THAT ARE HERE ARE THE ONES THAT PROVIDED THIS.
SO THAT'LL HAVE ME BETTER GET A BETTER IDEA OF THAT.
OKAY? YES, THIS IS GOOD FOR NOW.
AND SO WE'LL GO TO THE RELEVANT DEVELOPMENT STANDARD HERE, WHICH IS FOUND IN SECTION 51, A 4.1 12 WHERE IT READS THE MAXIMUM STRUCTURE HEIGHT IS 30 FEET, NSL 13 LIMITS THE HEIGHT PLAIN NOT TO EXCEED THE MAXIMUM HEIGHT OF 27 FEET, UH, FROM THE BUILDING LINE.
AND THAT IS JUST THE POINT OF REFERENCE FOR THIS CASE.
SO WHAT YOU HAVE BEFORE YOU TODAY IS A REQUEST FOR A VARIANCE TO THE BUILDING HEIGHT REGULATIONS.
THE APPLICANT PROPOSES TO CONSTRUCT A SINGLE FAMILY RESIDENTIAL STRUCTURE WITH A BUILDING HEIGHT OF 32 FEET, WHICH WILL REQUIRE A TWO FOOT VARIANCE TO THE MAXIMUM BUILDING HEIGHT REGULATIONS.
AND THE ATTORNEY READ OFF WHAT THE VARIANCE WOULD BE FOR THE HEIGHT PLAIN, NO BD HISTORY FOUND ON THIS PARTICULAR PROPERTY IN THE LAST FIVE YEARS.
AND SO WHAT YOU'RE SEEING HERE IS A PICTURE OF THE SAID PROPERTY STILL UNDER CONSTRUCTION.
AND YOU WOULD ALSO BE ABLE TO SEE THE NOTIFICATION LISTED ON FENCING.
I'M GETTING A SIDEBAR FROM MY ATTORNEY.
THE, THE BOARD ATTORNEY JUST COMMUNICATED TO ME OF THE CONCERN ABOUT THE, THE ISSUE OF WHETHER THERE WAS A, UH, IMPERFECT NOTICING ON IT.
AND THE BOARD ATTORNEY DID READ INTO THE RECORD AT THE BEGINNING OF THIS, UH, AS CHAIRMAN AND I COMMUNICATED BACK TO THE BOARD ATTORNEY THAT WE ARE GONNA, WE'RE GONNA HAVE THE BRIEFING AND UH, THEN, UH, HAVE A DISCUSSION ABOUT WHETHER OR NOT, UH, WE MOVE FORWARD WITH THE PUBLIC HEARING OR WHETHER WE HAVE THE PUBLIC HEARING AND THEN, UH, DECIDE HOW WE DISPOSE OF THE CASE.
UH, I'M, I'M JUST ONE, ONE VOTE, ONE VOICE IN THIS.
SO, UH, BUT I WANT TO AT LEAST HAVE THE OPPORTUNITY TO BRIEF THIS GIVEN THAT IT WAS ON THE AGENDA.
SO, UH, YOUR, YOUR COMMENT AND YOUR CONCERN IS NOTED AND THE BOARD WILL TAKE ACTION IN DUE COURSE.
MS. SO THE IMAGE THAT YOU'RE LOOKING AT NOW IS THE SAID IMAGE 33 49 COORDINATE, WHICH IS CURRENTLY UNDER CONSTRUCTION.
AND BASICALLY THESE PICTURES ARE PICTURES ADJACENT TO THE PROPERTY, WHICH ARE SUPPOSED TO ATTEST TO THE INTEGRITY OF THE STRUCTURES THAT, UH, ARE CURRENTLY AND HISTORICALLY HAVE BEEN IN THE NEIGHBORHOOD.
AND A LOT OF THESE PROPERTIES MAY BE DIFFICULT TO SEE BECAUSE THEY'RE GARNERED WITH TREES.
SO HERE'S ANOTHER HISTORICAL IMAGE OF WHAT SOME SINGLE FAMILY RESIDENTIAL HOMES LOOK LIKE HISTORICALLY IN THIS NEIGHBORHOOD.
AND SO HERE IS ANOTHER ONE THAT WE GOT, WHICH WE FELT AS THOUGH WAS HEIGHT COMPARABLE.
UM, THIS AERIAL MAP TO THE RIGHT, IT JUST ATTESTS TO SHOW THE PROXIMITY OF WHAT WE FEEL LIKE IS HEIGHT COMPARABLE TO THE SIGHT IN QUESTION TO THE HOUSE THAT IS A COUPLE OF HOUSES DOWN THE STREET.
AND SO WE PUT A SMILEY FACE ON THE HOUSE THAT'S IN QUESTION.
AND THEN WE PUT ANOTHER SMILEY FACE ON THE HOUSE THAT IS COMPARABLE IN HEIGHT PER OUR VISUAL.
AND JUST TO SHOW THE PROXIMITY OF THE TWO ON THIS BLOCK.
SO TO FURTHER ADDRESS WHAT WE FEEL LIKE WERE HEIGHT COMPARABLE HOMES IN THE NEIGHBORHOOD, THESE ARE TWO MORE HOMES ON THE SAME BLOCK, UH, IN BETWEEN THE TWO HOMES THAT YOU JUST SAW ON THE PREVIOUS SCREEN.
AND THESE ARE ALL WITHIN THE 200 FOOT RADIUS AS THE SLIDE INDICATES.
THIS IS THE HOUSE ONE STREET OVER ON HUBERT, ON HUBERT, UM, THAT IT'S NOT WITHIN THE 200 FOOT RADIUS, BUT IT'S
[02:45:01]
IN THE SAME ZONING.AND SO WE COULD USE THIS AS A COMPARABLE HOME TO SHOW.
HERE'S ANOTHER ONE ON HUBERT, WHICH IS ALSO IN THE SAME ZONING AND IT ALSO HAS THE SAME NS O 13 OVERLAY.
MS. DUNN, TELL US AGAIN, EDUCATE ME AGAIN, THIS NSO OVERLAY.
IT, IT, IT, IT'S, IT'S, IT'S KIND OF LIKE WHAT IT SAYS, IT OVERLAYS THE EXISTING ZONING, RIGHT? MM-HMM.
SO, AND IT REDUCES OR EXPANDS THIS, UM, THE HEIGHT RESTRICTION.
WE'RE GONNA DEFER THE NSO QUESTIONS TO OUR EXPERT OKAY.
RESIDENTIAL ZONING STAFF THAT WE HAVE HERE FOR YOU TODAY.
OKAY, WELL THEN I'LL WAIT TILL YOU FINISH, BUT I'M, I'M, OKAY, I'M TRYING TO GET MY HANDS AROUND WHAT'S, WHAT'S THE, WHAT'S THE OPERATIVE IMPACT OF THE NSO, OKAY.
THIS IS THE PROPOSED ROOF PLAN, WHICH AT THIS POINT MAY NOT MEAN A LOT TO YOU RIGHT NOW.
AND THESE ARE THE PROPOSED ELEVATIONS, WHICH MAY NOT MEAN A LOT TO YOU RIGHT NOW.
LATER ON IN THIS PRESENTATION, WHAT WE'RE GONNA PRESENT TO YOU IS, UH, WHAT THE BOARD CALLS A TECHNICAL REVIEW AS THE RULES OF PROCEDURE OUTLINES IT.
AND WE'RE GONNA SAVE THE STAFF RECOMMENDATION TO AFTER YOU'RE ABLE TO VIEW THE VIDEOS, IF YOU WILL, IF THAT'S OKAY.
VARIANCE STANDARDS FOR HEIGHT AND SIGNS AND NOTIFICATION.
AND WHAT I'M DOING RIGHT NOW IS I'M JUST TOGGLING OVER TO THE TECHNICAL REVIEW.
AND SO WHAT THIS TECHNICAL REVIEW IS GONNA DO TODAY FOR THE BOARD AND UH, FOR MEMBERS WATCHING ONLINE AND FOR THE AUDIENCE IS, UM, WE'RE GONNA KINDA TRY AND TELL THE STORY OF HOW HEIGHT IS MEASURED IN AN NSO HEIGHT PLANE AND HOW THE HEIGHT IS, UH, IT COULD BE VISUALLY AESTHETICALLY COMPARABLE, BUT HOW THE TECHNICALITIES OF HOW NSO HEIGHT PLAINS KINDA GIVE VARIABLE HEIGHTS, UH, IN NEIGHBORHOODS.
AND SO FOR THIS TECHNICAL REVIEW, I'M GONNA TURN IT OVER TO THE, UH, RESIDENTIAL RSVP MANAGER, WILLIE FRANKLIN, AND HE'S GOING TO, UH, DO THE TECHNICAL REVIEW.
THAT'S WHY HE JOINED US TODAY, EARLIER TODAY.
I WAS WONDERING WHY, YOU KNOW, HE, HE CAME IN WITH THE TIE, THE WHITE SHIRT AND ALL THAT.
SENATOR, HE WAS SO NICE EARLIER.
IT TOOK ME A WHILE TO GET THERE.
LET ME KNOW WILLIE, WHEN YOU NEED ME TO GO FROM SLIDE TO SLIDE.
UM, AND PANEL A BOARD MEMBERS, WE CAN START WITH SLIDE NUMBER ONE, WHICH IS THE COMPARISON OF 33 49 CORONET AND 33 21, UM, 33 21 HAS BEEN APPROVED AND ISSUED.
SO IS JUST A COMPARISON, UH, FOR THE NEIGHBORHOOD.
INITIALLY THERE WAS SOME CONCERNS OF, FOR THE HEIGHT PLAIN DIAGRAM FOR THE NSO, WHERE EXACTLY WAS THE CENTER LINE OF THE STREET.
UM, AND THIS IS IMPORTANT BECAUSE THIS IS KIND OF HOW WE GOT HERE.
UM, SO INITIALLY THE HIGH PLAIN DIAGRAM WAS TAKEN FROM THE PAVED ROAD THAT YOU SEE BEFORE YOU, HOWEVER, AFTER FURTHER CONSIDERATION, IT WAS DETERMINED THAT THE PLANS WERE APPROVED IN ERROR.
AND THE ACTUAL CENTER LINE IS WHERE YOU SEE IN THE, UM, THE MEDIAN, THE GREEN AREA WITH THE BLUE HASH MARKS, WHICH IS WHERE THE UH, THE HEIGHT PLAN SHOULD HAVE BEEN TAKEN FROM PER CODE.
ANY QUESTIONS THERE BEFORE I PROCEED? SO THE APPLICANT CAME TO THE CITY AND SAID, I WANNA BUILD AND PRESENTED PLANS AND WHO KNOWS WHETHER THE PLANS WERE MODIFIED IN THE DISCUSSION OR NOT.
AND THE CITY ORIGINALLY TOLD HIM OR HER THAT YOU CAN BUILD THAT BECAUSE WE'RE MEASURING TO THE CENTER OF THE MEDIAN, THE GRASSY AREA OR THE CENTER OF THE STREET.
WHAT WAS THE ORIGINAL INTERPRETATION? ORIGINALLY WAS THE STREET, THE PAVED AREA.
OKAY, SO THAT WAS THE ARC OR, OR DIAGONAL, I DUNNO WHAT
[02:50:01]
YOU GUYS CALL IT.WHAT'S THAT? HEIGHT? PLAIN HIDE PLAIN.
AND THEN WHAT TRIGGERED THE, OOPS.
UH, WE RECEIVED SOME, UM, OPPOSITION FROM THE COMMUNITY.
THEY REACHED OUT TO THEIR COUNCIL ONCE IT WAS STARTING TO BE BUILT, CORRECT? YES SIR.
AND THEN THAT'S WHEN YOU GUYS, WE'LL JUST SAY THE CITY FOR RIGHT NOW, CORRECT? YOU SAID IT SHOULD HAVE BEEN NOT THE CENTER OF THE PAVEMENT, BUT IT'S THE CENTER OF, WHAT DO YOU CALL THAT? A MEDIAN? THAT'S THE PUBLIC RIGHT OF WAY.
IS THAT WHAT THE CODE SAYS? CORRECT.
SANTA MONICA, THE CODE SAYS THE PUBLIC RIGHT OF WAY.
NOW THAT IS UP FOR INTERPRETATION.
UH, BUT PER CODE IT IS THE PUBLIC RIGHT OF WAY.
CENTER LINE, I'M ASKING WHAT THE CODE SAYS.
CODE SAYS PUBLIC RIGHT OF WAY.
IS THE STREET CONSIDERED PUBLIC WAY RIGHT OF WAY OR IS THAT BLUE DOTTED LINE YOU HAVE THERE? THAT IS THE PUBLIC RIGHT OF WAY.
THE CENTER LINE OF THE PUBLIC RIGHT OF WAY.
AND THAT'S WHAT THE CODE SAYS.
SO HOW WOULD THAT, HOW COULD THAT HAVE BEEN MISINTERPRETED? UM, A COUPLE THINGS.
ONE IS THE EXPERIENCE OF THE REVIEWER.
THEY MAY SEE A STREET, UM, AND GO BASED ON THE STREET AS THE MISINTERPRETATION OF THE PUBLIC RIGHT AWAY WHEN IT ACTUALLY IS THE CENTER LINE OF THE PUBLIC RIGHT AWAY, EVEN THOUGH IT'S A MEDIAN AND IT'S A GREEN SPACE THAT IS STILL PUBLIC RIGHT AWAY.
AND WHO OWNS THAT MEDIAN? DOES THE CITY OWN THAT OR IS THAT PRI PRIVATE PROPERTY? NO, THAT'S PUBLIC.
OKAY THOUGH GUYS, INTERACTIVE QUESTIONS YOU MAY HAVE.
UH, THIS OKAY, MS. MS. HAYDEN.
SO I, I I KIND OF SEE THIS NOW.
SO IT LOOKS LIKE THERE'S UM, CORONETS OVER HERE AND THERE'S ANOTHER PAVED STREET ON THE OTHER SIDE AND THE RIGHT OF WAY IS JUST SUPER WIDE IN THAT AREA.
AND THE CENTER LINE OF THE RIGHT OF WAY IS THAT BLUE LINE, WHICH IS IN THE MEDIAN.
SO I CAN KIND OF SEE HOW IF SOMEBODY DIDN'T PAY ATTENTION TO WHERE EXACTLY THE RIGHT OF WAY LINE IS, THEY WOULD THINK THAT THEY SHOULD MEASURE FROM THE STREET, BUT THAT'S NOT ACCURATE.
WE'RE IT'S HELPFUL CUZ WE'RE TRYING TO RECREATE HOW DID THE OOPS OCCUR.
BECAUSE UNFORTUNATELY WE DEAL WITH A LOT OF OOPS.
WE OWN OUR OOPS, YOU DON'T WANNA OWN THEM FOR ME.
OKAY? ALL THIS IS JUST THE, THE ACTUAL PERMIT THAT WAS ISSUED BY STAFF.
ONCE WE, UM, SPOKE WITH THE HOMEOWNER, UM, THIS IS AT THIS POINT IS KIND OF WHEN I STARTED TO GET INVOLVED WITH THE PROJECT.
UM, THE HOMEOWNER CAME IN, UM, TO ACTUALLY REVISE THE PLANS.
AND I WILL STATE FOR THE RECORD, THE HOMEOWNER WAS, WAS VERY, UM, HE WORKED WITH STAFF.
UM, EVERYTHING THAT WE ASKED THE HOMEOWNER TO DO TO REDESIGN THE PROJECT TO ATTEMPT TO MAKE THIS MATTER CORRECT, THE HOMEOWNER DID COMPLY.
UM, SO THIS IS THE ACTUAL HEIGHT PLAIN DIAGRAM, UM, TAKEN FROM THE ACTUAL PUBLIC RIGHT OF WAY OF THE STREET FROM THE CENTER LINE.
ALRIGHT, SO AS I LOOK AT THIS AND I'M FOLLOWING MS. HAYDEN'S COMMENT, UM, I SEE A DOTTED LINE GO ALL THE WAY ACROSS THE STREET AND WHERE IT COMES DOWN IS WHERE THAT BLUE DOTTED LINE WAS ON YOUR PREVIOUS SLIDE, CORRECT? RIGHT.
SO THIS HEIGHT, UM, PLAIN DIAGRAM PER CODE IS THE GO BACK TO THE GO BACK.
IS THE CENTER LINE OF THE STREET SIX CENTER LINE, I'M, EXCUSE ME, PUBLIC RIGHT OF WAY.
YOU HAVE A PERSON'S PROPERTY THAT'S AT RISK HERE.
OKAY? SO SIX FEET UP AND THAT HEIGHT PLAIN DIAGRAM PROJECTS TO THE PROPERTY TO QUOTE UNQUOTE INFINITY.
AND THAT'S WHY YOU SEE THOSE DASHES GOING UP.
AND THAT RED CIRCLE IS UM, SOMETHING WE'LL TALK ABOUT LATER WITH THE DEVELOPMENT, BUT I JUST WANTED TO ACKNOWLEDGE THAT RED CIRCLE CUZ YOU'RE GONNA SEE WHY IN A SECOND HERE.
ALL RIGHT, THIS IS JUST A SITE, THIS IS JUST A SITE PLAN OF THE PROPERTY, UH, JUST TO KIND OF GIVE YOU AN IDEA OF THE OVERALL PROJECT.
NOW THIS IS AN EXPLANATION OF THE ACTUAL HEIGHT PLAIN DIAGRAM ITSELF TO KIND OF GIVE YOU AN IDEA.
SO THIS IS NOT THE SUBJECT PROPERTY, UM, THIS IS REFERENCE IN OUR PARTICULAR CODE BOOK FOR ILLUSTRATION, CORRECT? UM, SO THIS SHOWS YOU HOW WE MEASURE THE HEIGHT PLAIN DIAGRAM.
SO THAT'S WHERE YOU SEE THE SIX FEET PROJECTING TO THE FRONT BILL LINE.
SO I'M MS. HAYDEN HAS A QUESTION.
AND, AND ON THIS, IF THIS IS FROM THE CODE BOOK, IT DOES SAY SIX FEET ABOVE STREET CENTER LINE.
IT DOESN'T SAY STREET RIGHT OF WAY CENTER LINE.
SO IF WE GO TO, UH, FOR THE DEFINITIONS HERE,
[02:55:01]
IT WAS DIANA'S FAULT.YEAH, I'VE GOT YOUR CODE BOOK DIANA, SO I CAN READ IT VERBATIM.
MATT'S GOT A BIG BLUE BOOK, LORD, THESE GUYS.
UH, SO MRS. THOMPSON IS GONNA ASSIST MA I DISCUSS THE MATTER HERE.
SO THE HEIGHT LANE DIAGRAM, THE MEASUREMENT IF YOU SEE HERE SAYS FRONT BUILD LINE, THAT'S WHERE WE ENFORCE THE MAX HEIGHT OF THE ACTUAL NSO.
SO AT THIS FRONT BILL LINE IS WHERE WE WOULD ESTABLISH THAT 27 FEET.
ONCE THAT 27 FEET IS MET, THAT HEIGHT PLAN CONTINUES TO INFINITY.
AT THAT POINT, THAT IS WHEN THE HEIGHT OF THE UNDERLINING ZONING COMES, COMES INTO PLAY AS WELL, THAT IT CANNOT EXCEED THE MIDPOINT AS WELL.
SO THAT'S WHERE YOU HAVE, THANK YOU.
THAT'S WHERE YOU HAVE QUESTION OF CONCERN WITH THE HEIGHT PLAIN DIAGRAM AND HOW IT'S MEASURED.
SO I WANTED TO REFERENCE THIS ACTUAL DIAGRAM FOR THE BOARD TO TAKE A LOOK AT AS WELL.
WHAT ABOUT MS HAYDEN'S QUESTION ABOUT THE STREET CENTER LINE? SURE.
DID WE FIND A DEFINITION OF THAT? SURE.
SO PER CODE 51, A 2.102, UH, NUMBER 1 34 STREET MEANS A RIGHT OF WAY, WHICH PROVIDES PRIMARY ACCESS TO ADJACENT PROPERTY.
SO IF WE GO TO RIGHT OF WAY, AND FOR THE RECORD THAT'S 51 A 2.102, NUMBER 1 24 RIGHT OF WAY MEANS AN AREA DEDICATED TO PUBLIC USE FOR PEDESTRIAN AND VEHICLE OR MOVEMENT.
OKAY, I WILL PROCEED TO CENTER LINE IS 51, A 2.102 NUMBER 20.
CENTER LINE MEANS A LINE RUNNING MIDWAY BETWEEN THE BOUNDING RIGHT OF WAY LINES OF A STREET OR ALLEY WHERE THE BOUNDING RIGHT OF WAY LINES ARE IRREGULAR.
THE CENTER CENTER LINE SHALL BE DETERMINED BY THE DIRECTOR OF PUBLIC WORKS AND WE ACTUALLY SPOKE WITH PLENTY OF STAFF MEMBERS TO GET AN INTERPRETATION TO MAKE SURE WE WAS ON THE SAME PAGE.
I ALSO WANNA POINT FOR, FOR RECORD.
UH, THIS IS TAKEN FROM THE ACTUAL CERTIFIED COUNTY PLAT.
ALL RIGHT, SO WE HAVE A VIDEO HERE JUST TO GIVE YOU AN IDEA OF THAT HEIGHT PLAIN THAT I JUST EXPLAINED, UM, A SECOND AGO.
SO THAT CENTER LINE YOU WILL SEE HERE.
SO THAT'S JUST A DIRECT VIEW FROM THAT CENTER LINE TO THE ACTUAL SUBJECT PROPERTY.
AND I BELIEVE THIS IS A VIDEO CHIEF DUNN.
AND THIS IS ALSO GONNA SERVE AS THE BOARD'S 360 VIDEO, WHICH YOU HAVE NOT HAD A CHANCE TO PREVIEW AS OF YET.
DID THE CITY WANT THAT GIGANTIC OF A RIGHT OF WAY? I MEAN, THAT SEEMS LIKE A WASTE OF TAXPAYER INVESTMENT IN DIRT.
WE DON'T DISAGREE NECESSARILY.
I MEAN, UNLESS THERE'S A TRAFFIC WAY, UNLESS THAT'S SOMEHOW WE DO NOT DISAGREE.
THERE ARE LITTLE TRINITY, BUT THAT, BUT THIS IS PERPENDICULAR TOO.
IT JUST SEEMS LIKE A LOT OF DIRT.
CITY SHOULD SELL THAT FOR A COUPLE OF HOUSES.
AND SO, AND UM, THIS IS THE LAST SLIDE IN THIS AND THIS IS THE 200 FOOT RADIUS VIDEO AND THE 200 FOOT RADIUS VIDEO, I BELIEVE IS SIX MINUTES LONG.
NO, BUT I BEG OF EVERYBODY TO BE PATIENT AND WATCH IT BECAUSE WHAT IT SERVES TO ATTEST TO IS WHAT I SHOWED BEFORE, WHICH IS THE HISTORICAL INTEGRITY OF THE NEIGHBORHOOD, BUT ALSO, UH, THE
[03:00:01]
HEIGHT INTEGRITY, WHICH, UH, THE NSO ALLOWS IN THAT DISTRICT.AND SO IT, IT'S GONNA GIVE YOU A, A VIEW AND ITS WHOLE TOTALITY.
SO IN ORDER FOR YOU TO CAPTURE THAT, YOU WOULD HAVE TO WATCH THE WHOLE SIX MINUTES.
I HOPE YOU STILL HAVE HOT COFFEE BACK THERE, MS. WILLIAMS. I THINK WE'RE OUT OF IT BY NOW.
SO WE'RE IN CANADA DRIVE NOW, JAY, WHICH IS PARALLEL TO THE, TO THE TRINITY.
I'M, I'M LOOKING AT FROM THIS MAP, THE 200 FEET DEAL, TRYING TO FOLLOW WHERE THEY'RE GOING NOW THEY'RE, YEAH.
AND WE'RE ENCOMPASSING THE WHOLE 200 FOOT RADIUS, UH, WHICH THE NSSO IS PRETTY SMALL OVER HERE IN THIS NEIGHBORHOOD.
HOWEVER, WE ONLY GO ONE STREET OVER ON BOTH SIDES OF CORONET JUST TO MAKE SURE THAT WE STAY WITHIN THE NSO 13.
AND AS YOU, AS I'M PULLING UP, WE'RE ON THE BACKSIDE OF CORT AND YOU'RE GOING TO SEE 33 21 CORONET THE HOUSE THAT WE'RE USING AS AN EXAMPLE OF A HEIGHT COMPARABLE SITE.
AND YOU CAN SEE FROM THE BACK HOW TALL IT IS COMPARED TO THE HOUSE ADJACENT TO IT, BUT IT'S STILL HEIGHT COMPLIANT.
WE SAW THE FRONT OF THIS ONE BEFORE, CORRECT? IS THAT SAME MEDIAN CENTER LINE IN PLAY ON THE EXAMPLE PROPERTY AS WELL AS IT APPLIED TO BOTH OF THEM? YES, IT APPLIES HOWEVER, UH, FOR THE 33 21, UM, THE, THE RIGHT OF WAY IS A LITTLE BIT MORE SLIMMER.
OH, BECAUSE THAT THE MEDIAN GRASS, CORRECT? CORRECT.
SO THEN WOULD IT BE FAIR TO SAY THAT IT'S A, A, A SOMEWHAT OF A DIFFERENT CIRCUMSTANCE IN EACH, IN THE CASE OF EACH PROPERTY SLIGHTLY, BUT THE CENTER LINE DOES NOT CHANGE? WELL, I MEAN IT, IT CHANGES, BUT IN THIS PARTICULAR, YEAH, I WOULD AGREE WITH THAT.
YEAH, I WOULD AGREE WITH THAT.
THE VIDEO, RIGHT? I SPED IT UP.
DID WE GET OUR, OR WE'RE STILL THIS, IS THIS GONNA START MAKING 60 MILES AN HOUR? DID WE REPLAY IT? I SPED IT UP.
[03:05:01]
OKAY, GOOD.CUZ WE'RE, WE'RE FADING AND WE DON'T WANNA FADE.
WELL, LET ME GET YOU, WELL THEN, OKAY CUZ I'M FADING TOO.
OH, GIANNA, CAN YOU DO ME IF YOU'RE GOOD WITH VIDEO ALSO, CAN YOU YEAH, JUST GET ME ON HUBERT.
WHERE YOU WANT ME TO STOP RIGHT HERE? NO, GO BACK.
YOU NEED TO BE ON, LET ME SEE LIKE THE TALLER HOUSES HERE.
I THINK WE, I THINK WE TURNING IT DOWN HERE.
THEN IT GO RIGHT THEREM, THAT'S THE BACK.
CAN YOU NEED TO KEEP GOING? OKAY, WE KEEP ROLLING.
AND OTHER HEIGHT WE GET, WE GET THE, WE GET THE SENSE OF THAT.
AND SO NEXT THEN WE'LL GO TO STAFF RECOMMENDATION AND THEN THAT'S GONNA CONCLUDE.
OKAY, SO I'LL BRIEFLY SHOW THE STANDARDS FOR A VARIANCE AGAIN BEFORE I GO TO STAFF RECOMMENDATION.
AND, UM, FOR THE VARIANCE, STAFF RECOMMENDS APPROVAL SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE SUBMITTED SITE PLAN, UH, IS REQUIRED.
UM, AND WHAT IS NOT LISTED HERE, WHICH THE SENIOR PLANNER DID NOT LIST, BUT BECAUSE I WAS A PART OF THIS CASE, I CAN ATTEST TO AN ADDITIONAL STAFF RECOMMENDATION ON HERE.
AND SO WE'RE GONNA ATTEST TO AT THE TIME OF THE S R T MEETING THAT IT DID NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
THE S R T MEETING, UM, IS TYPICALLY HELD TWO TO THREE WEEKS BEFORE WE COME TO THE HEARING.
AND AT THE TIME OF THE S R T MEETING, WE HAD NO LETTERS OF OPPOSITION, BUT WE DID HAVE THE 16 LETTERS OF OPPOSITION THAT YOU SEE HERE.
AND SO THAT WAS ONE EPITHET OF US APPROVING THIS ON NOT AT ADVERSELY AFFECTING NEIGHBORING PROPERTIES.
AND THEN THE OTHER CAVEAT WAS, WHICH I HOPE YOU WERE ABLE TO CAPTURE IN THE VIDEO AND ON THE PICTURES, THAT THEY HAVE NEIGHBORING PROPERTIES THAT ARE COMPARABLE IN HEIGHT.
AND SO THAT'S WHAT WE BASE THAT ONE OFF OF.
AND THEN ALSO IN ALIGNMENT WITH HOUSE BILL 1475, UH, I'VE HAD SEVERAL CONVERSATIONS WITH THE APPLICANT.
I DON'T KNOW IF THIS INFORMATION IS SUBMITTED OR NOT.
UH, IT MAY OR MAY NOT HAVE BEEN SUBMITTED BEFORE THE DEADLINE.
THE APPLICANT MAY HAVE THE INFORMATION TODAY, BUT THEY HAVE ASSESSED THE VALUE, UH, OF THEIR HOME AT $400,000.
UH, I DON'T KNOW THE DIFFERENCE BETWEEN THAT BEING THE STRUCTURE OR THE LAND OR BOTH TOGETHER.
I'LL LET THEM TESTIFY TO THAT.
UH, AND SO WE ARE APPROVING THIS BASED ON, UH, ONE AND THREE WITH HOUSE BILL 1475, UM, AND CAREFULLY MAYBE DEPLETING UH, TWO, WHICH IS SIZE, SHAPE, AND SLOPE.
BUT I WOULD TEETER ON THE FENCE FOR THAT RECOMMENDATION BASED ON COMPARABLE HOMES ON HUBERT STREET, DON'T EVEN HAVE A MEDIAN FROM WHICH NSO IS MEASURED FROM.
AND SO, UH, I WOULD CALL THAT, UH, IN INEQUITY OF HEIGHT BECAUSE YOU'RE MEASURING HEIGHT ON SOME STREETS FROM A MEDIAN, AND THEN YOU GO TO A NEIGHBORING STREET, WHICH IS ALSO IN THE NS O 13.
AND THEN YOU CAN ACTUALLY MEASURE THAT FROM THE PAVEMENT.
AND, UH, THANK YOU 16 LETTERS OF SUPPORT.
UH, AND STAFF CONCLUDED THAT GRANTED THE VARIANCE WOULD NOT BE CONTRARY TO PUBLIC INTEREST.
AND, UH, THE SENIOR DEVELOPMENT COORDINATOR FOR DEVELOPMENT SERVICES REVIEWED THE REQUEST AND HAS NO OBJECTIONS.
AND THEIR COMMENT SHEET IS ALSO LISTED HERE.
[03:10:02]
UH, AND IT SAYS THE PERMIT WAS APPROVED IN ERROR AND THE APPLICANT HAS SINCE DONE EVERYTHING.STAFF HAS ASKED TO REVISE THE PROJECT, SUCH AS REMOVE THE TOP LEVEL COVERED PATIO, REVISE THE HEIGHT, PLAIN DIAGRAM, CEASE ALL CONSTRUCTION UNTIL FURTHER NOTICE, ET CETERA.
THE HEIGHT IS THE REMAINING ISSUE SINCE THE STRUCTURE IS FRAMED AND ENCROACHES INTO THE HEIGHT PLAIN.
AND THAT CONCLUDES OKAY, THE BRIEFING.
THANK YOU VERY MUCH FOR DRESSING UP FOR US TODAY.
WHITE SHIRT AND TIE AND TEACHING US ABOUT, UH, THE SLOPE THING IN THE CENTER LINE OF THE SOMETHING SOMETHING.
I'M, I I APPRECIATE YOUR, YOUR TIME AND YOUR, YOUR FEEDBACK.
UM, SO WE HAVE TWO, UH, SO ONE, I WANT TO GIVE THE BOARD THE OPPORTUNITY TO ASK QUESTIONS OF STAFF.
UH, AT THE CONCLUSION OF THAT, I, UM, WE NEED TO MAKE A DECISION, UH, WHETHER WE CONTINUE INTO A PUBLIC HEARING OR WE HEED TO THE STRICT ADVICE THAT OUR BOARD ATTORNEY GAVE US ABOUT THE POTENTIAL NOTIFICATION ERROR ON THE, ON THE DEAL.
SO WHAT I, I WANNA FINISH THE BRIEFING PORTION FIRST SO THAT WE HAVE SOME CLOSURE ON QUESTIONS.
SO WHAT QUESTIONS DO, DO BOARD MEMBERS HAVE TO THE STAFF PERSONALLY? I DON'T, OOH, WE GOT LOTS.
MY QUESTIONS ARE GONNA GO TO THE APPLICANT AS FAR AS WHAT THAT SORT OF THING, BUT MS. HAYDEN AND THEN MR. HOKU, MS. HAYDEN QUESTIONS FOR STAFF.
SO ON THE, THE 27 FOOT HEIGHT PLAIN, DOES THIS PROPERTY MEET THAT REQUIREMENT AND THEY'RE ONLY ASKING FOR A VARIANCE ON THE MAXIMUM BUILDING HEIGHT, OR DO THEY NOT MEET THE 27 FOOT HEIGHT PLAN AS WELL AS THE 30 FOOT? YES MA'AM.
UM, PER THEIR SUBMITTAL, THEY MEET THE 27 FEET HEIGHT PLAN REQUIREMENT OF THE NSO THAT IS MEASURED, UM, AT THE BUILDING LINE OF THE FRONT OR SETBACK.
SO THEY ARE ACTUALLY IN COMPLIANCE WITH THE 27 FEET.
IT'S JUST THE UNDER UNDERLYING 30, UM, THAT THEY'RE HAVING ISSUES WITH THAT ENCROACHES.
SO THIS IS A THREE FOOT ISSUE? NO, NO.
THEY MEET THE 27 FOOT BUILDING.
THE, THE HEIGHT, THE DIAGONAL, YES.
THEY JUST DON'T MEET THE MAXIMUM 30 FOOT.
SO, SO BASICALLY YOU CAN BE 27 FEET AT THE BUILDING LINE.
BUT YOU CAN HAVE YOUR STRUCTURE HIGHER AT THE BACK OF THE LOT.
DOES THAT MAKE SENSE? YES, AS LONG AS IT DOESN'T EXCEED 30 FEET, BUT THEY HAVE IT HIGHER AT THE BACK, BUT IT, IT'S 32 2 FEET.
SO, UM, THE SENIOR ENGINEER COMMENT IS NOT PART OF OUR DOC YET.
I SAW THERE WAS ACTUALLY EXTENSIVE HANDWRITING ON THAT ONE AND WE CAN'T READ THAT.
I I, I WOULD LIKE TO READ A COPY OF, OF, OF IT.
THE, THE COMMENT FROM, UH, THE ENGINEER, THE ENGINEER, HE MADE THE COMMENTS.
WAS THAT YOURS THAT WAS SHOWN? YES, SIR.
OKAY, WELL WE COULDN'T READ IT.
W WE HAVE ONE FROM HIM IN HERE, BUT THERE WAS ANOTHER ONE WITH A LOT MORE SCRIBBLE.
THIS WAS IN THE DOCKET, PROVIDED THE, THE BOARD.
AND THIS WAS SOMETHING SIGNED ON JULY 6TH BY W FRANKLIN.
THERE WAS ANOTHER DOCK DOCUMENT IN THE POWERPOINT THAT YOU'RE TALKING ABOUT, RIGHT? MM-HMM.
THAT YES WAS NOT PROVIDED TO THE BOARD.
THEY BOTH COME FROM WILLIE FRANKLIN.
MR. FRANKLIN, DO WE HAVE THE OTHER ONE THAT WE CAN LOOK AT? AND I MEAN, IT WAS IN THE PRESENTATION.
SO IF YOU READ IT INTO THE RECORD, THAT'S GOOD ENOUGH FOR ME.
I JUST DON'T HAVE IT TO REFER TO.
YES, BECAUSE I, I'M NOT SURE IF THERE'S A PAPER COPY OR NOT THAT THAT'S FINE WITH ME.
I JUST WANNA KNOW WHAT IT SAID.
IS IT SOMETHING THAT I NEED TO READ OR JUST USE? DO YOU HAVE THE DOCUMENT? I'M NOT SURE WHAT THE DOCUMENT WE'RE REFERRING TO.
YOU WERE REFERRED TO SOMEWHERE IN ONE OF THE POWERPOINTS.
HE, HE DOESN'T HAVE ACCESS TO THE POWERPOINT.
UH, YOU DIDN'T MAKE THE GRADE
AND I'M READING IT INTO RECORD NOW.
UH, REVIEW COMMENT SHEET BOARD OF ADJUSTMENT.
COMMENTS READ AS FOLLOW VERBATIM.
THE PERMIT WAS APPROVED IN ERROR AND THE APPLICANT HAS SINCE DONE EVERYTHING.
STAFF HAS ASKED TO REVISE THE PROJECT, SUCH AS REMOVE THE TOP LEVEL COVERED PATIO, REVISED THE HEIGHT, PLAIN DIAGRAM, CEASE ALL CONSTRUCTION UNTIL FURTHER NOTICE, ET CETERA.
THE HEIGHT IS THE REMAINING ISSUE SINCE THE STRUCTURE IS FRAMED
[03:15:01]
AND ENCROACHES INTO THE HIGH PLAIN WILLIE FRANKLIN SENIOR DEVELOPMENT PROJECT, UH, COORDINATOR DEVELOPMENT SERVICES 7 12 20 23.WHAT OTHER QUESTIONS DO WE HAVE? MR. MR. NERI? THANK YOU MR. CHAIRMAN.
UM, I AM PARTICULARLY INTERESTED IN A, YOU SAID WE HAVE 16 LETTERS IN SUPPORT AND THEN NO LETTERS IN OPPOSITION AS OF YESTERDAY, BUT AS OF TODAY, APPARENTLY A NEIGHBORHOOD ASSOCIATION HAS SUBMITTED A PETITION OR SOMETHING.
WHAT I WOULD LIKE TO KNOW IS THE ACTUAL NUMBER OF PROPERTY OWNERS IN SUPPORT AND THE ACTUAL NUMBER OF PROPERTY OWNERS IN OPPOSITION TO THIS.
AND, AND THIS IS EXACTLY WHERE THE CONFLICT OF THE DEADLINES AND THE CUTOFF COME INTO PLAY.
BECAUSE WHEN YOU TURN IN OVER 50 LETTERS OF OPPOSITION AFTER THE DEADLINE, WHEN WE'RE HERE TO FIVE O'CLOCK, STAFF DOESN'T GET TO THAT UNTIL NINE O'CLOCK IN THE MORNING.
AND SO STAFF ARE DOING OTHER THINGS TO PREPARE FOR THE BRIEFING, THEREFORE, THERE'S NO TIME FOR US TO PLOT OVER 50 LETTERS OF COMPLAINT ON A MAP.
AND SO, EVEN THOUGH IT CAME IN AFTER THE DEADLINE, WE STILL HAVE EVERY SINGLE LETTER THAT THEY TURNED IN YESTERDAY AFTERNOON.
NOW, WHETHER IT'S IN THE 200 FOOT RADIUS OR NOT, HOW FAR IT IS OUT, WE DID NOT HAVE TIME TO VET THAT BECAUSE THEY HAD JUST TURNED IT IN.
THAT'S, THAT'S UNDERSTANDABLE.
AND I, I COMPLETELY UNDERSTAND THAT.
UM, BUT I MEAN, JUST FROM MY KNOWLEDGE, I, I'D LIKE TO KNOW THE ACTUAL NUMBERS, YOU KNOW, IF, I DON'T KNOW WHETHER WE'RE GONNA HOLD THIS UNDER ADVISEMENT OR WHAT WE'RE GONNA DO WITH THIS PARTICULAR CASE TODAY.
BUT, YOU KNOW, IF, IF THAT'S THE CASE, I'D LIKE TO KNOW THE ACTUAL NUMBERS.
SO THE DEC A CHART THAT WE WERE PROVIDED HAS 23, UH, PLATS.
I KNOW I'VE BEEN SAYING THAT ALL DAY TO THIS PROPERTY.
WE DID NOT GET OUR DEC AD LIST SO WE COULD LOOK IN COMPARISON, BUT THE CHART SHOWS 23 PROPERTIES WITHIN THE 200 NOTIFICATION AREA.
SO FOR THAT EXERCISE, MR. NERI, THE QUESTION IS TO FIND 23 IN OR OUT TO, TO BE ABLE TO ZERO IN ON THAT.
UM, UH, I DON'T WANT TO PREMATURE ANYTHING.
UM, I WANT US TO MOVE TO THE PUBLIC HEARING PORTION OF THIS.
UM, UH, YES, I, I I'M GONNA LET YOU DO THAT.
UH, I ANTICIPATE WHAT THE, YOUR CHAIRMAN'S GONNA RECOMMEND IS, AND I MAY BE WRONG AND I MAY BE OVERRULED.
I, I, I, WE ARE GONNA GO TO A PUBLIC HEARING SO THE APPLICANT CAN SPEAK.
AND SO ANYONE IN OPPOSITION CAN SPEAK, UH, AND THEN EITHER, MOST LIKELY I WILL RECOMMEND THAT WE HOLD IT OVER.
NOW, THAT MAY NOT BE THE CASE WHEN WE GET THERE.
UH, I AM, I HAVE SOME DEFERENCE, A LOT OF DEFERENCE TO THE CAUTION OF THE CITY ATTORNEY'S OFFICE SAYING THAT THIS WASN'T NOTICED CORRECTLY.
THAT JUST PUTS US ON NOTICE BECAUSE THE NOTICE WAS NOT GOOD.
SO I WANT TO, I WANT, I DON'T WANT US TO BURN MORE TIME ON THE FRONT END WHEN I'M GONNA END UP RECOMMENDING SOMETHING THE BACK END.
BUT AGAIN, I'M ONLY, ONLY CAN RECOMMEND MS. HAYDEN.
BUT MR. NERI, YOUR COMMENT IS VERY VALID IF WE DO HOLD IT OVER TO BE ABLE TO HAVE THAT DATA FOR THE NEXT HEARING, IF THAT IS WHAT WE AFTER, CUZ I THINK THAT IS ON POINT, MS. HAYDEN.
SO I'M ASSUMING THE, THE LETTERS OR THE PETITION WITH ALL THE NAMES AND OPPOSITION, THAT'S ONE OF THE THINGS THAT STAFF HAS TO DO, IS GO THROUGH AND MAKE SURE THAT EACH OF THE NAMES ON THERE IS AN ACTUAL PROPERTY OWNER.
THAT'S, THAT'S WHAT I WANTED TO MAKE SURE OF.
SO WHAT, WHAT I'D LIKE TO DO IS MOVE FROM THE BRIEFING TO THE PUBLIC HEARING.
I WANNA BE RESPECTFUL TO THE APPLICANT AND PROPERTY OWNERS AND THE PUBLIC THAT HAVE COME AND WAITED ALL DAY TODAY.
UM, THAT DOES NOT FORECLOSE AN ACTION THAT THE BOARD WILL OR WILL NOT TAKE.
UM, I'M JUST, I JUST WANT US TO MOVE THE NEXT PHASE.
WITH THAT, UM, WE WILL OPEN THE PUBLIC HEARING FOR BDA 2 23 DASH 0 7 33 49 CORNET BOULEVARD.
IS THE APPLICANT PRESENT? PHILLIP KINGS HERE FOR APPLICANT? MR. CHAIR? YES.
HOW ARE YOU, COUNCILMAN? I'M VERY GOOD.
COUNCILMAN OF COUNCILMAN HERE.
WE'RE WE'RE, WE'RE FORMERS? YEAH.
THERE'S A LITTLE BIT OF LIFE AFTER, BUT WE'LL LEAVE AT THAT.
UH, IF OUR BOARD SECRETARY WOULD FIRST, UM, WELL LET BEFORE YOU BEGIN OR ANYTHING, UM, HOW MANY SPEAKERS DO WE HAVE REGISTERED TO SPEAK IN FAVOR? AND HOW MANY SPEAKERS DO WE HAVE REGISTERED TO SPEAK AGAINST MS. WILLIAMS? UH, WE HAVE ONE IN SUPPORT, WHICH IS THE REPRESENTATIVE, AND WE HAVE SIX IN
[03:20:01]
OPPOSITION.OUR RULES OF PROCEDURE, UH, WE'LL SWEAR YOU IN A SECOND.
OUR RULES OF PROCEDURE SAYS THAT THE APPLICANT IS ALLOWED FIVE MINUTES TO PRESENT AND THEN, UH, ANY OTHER SPEAKER IN FAVOR CAN SPEAK ALSO FIVE MINUTES.
AND THEN THE APP, THEN THE, THOSE IN OPPOSITION ARE ALLOWED TO SPEAK FIVE MINUTES EACH.
THEN THE APPLICANT'S ALLOWED A FIVE MINUTE REBUTTAL.
THAT'S WHAT OUR RULES OF PROCEDURES IS.
SO NOW I WILL ALLOW SOME ELASTICITY TO THAT AS I'VE DONE ALL DAY TODAY.
SO I'M NOT GONNA, SHE'LL RING YOU AT FIVE, BUT I'LL PROBABLY ALLOW YOU, BUT WHATEVER TIME I GIVE YOU, I HAVE TO GIVE EVERYONE, SO I'M GONNA BE FAIR TO EVERYONE.
SO IF YOU'D GO AHEAD AND SWEAR HIM IN, PLEASE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE BEGIN WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
UH, MR. CHAIR PHILLIP KINGSTON, 5 90 0 1 PALO PINTO IN DALLAS.
UM, I, UH, DROPPED OFF WITH YOUR TALENTED SECRETARY, UH, A VERY BRIEF, UM, NUMBER OF PAGES CONCERNING THIS CASE.
IT'S ACTUALLY SIMPLER THAN IT LOOKS, UH, AND I, I'M HOPEFUL THAT THAT IS RECEIVED FAVORABLY AT THIS HOUR OF THE DAY.
UM, THE FIRST THING I HAVE TO START WITH IS THE FIRST PAGE THAT I'VE GIVEN YOU TO TALK ABOUT THE NOTICE.
UM, MR. SAPP IS A VERY GOOD ATTORNEY, UM, AND HE IS DOING WHAT ATTORNEYS SOMETIMES DO, WHICH IS ERR ON THE SIDE OF CAUTION.
UM, THERE IS NO NOTICE PROBLEM WITH THIS CASE.
THE FIRST SECTION I'VE GIVEN TO YOU IS THE ONLY SECTION OF THE OPEN MEETINGS ACT THAT APPLIES TO NOTICES.
THE SECOND SECTION IS THE ATTORNEY GENERAL'S ADVICE IN HIS OPEN MEETINGS HANDBOOK, UM, TO TELL YOU WHAT HAS TO BE IN A NOTICE.
AND THE THIRD SECTION SHOWS YOU WHAT WAS ACTUALLY POSTED, UH, WITH THE CITY SECRETARY.
THE NOTHING IN THE NOTICE REFERS TO THE CURRENTLY ALLOWABLE HEIGHT OR THE HEIGHT THAT IS SOUGHT.
TELLING THE PUBLIC THAT A HEIGHT VARIANCE IS BEING SOUGHT GIVES THEM AMPLE, UH, NOTICE OF WHAT'S GONNA HAPPEN AT BOARD OF ADJUSTMENT IF THEY, IT DOESN'T REALLY MATTER WHAT KIND OF HEIGHT YOU'RE SEEKING, IF THEY DON'T LIKE IT, THEY'RE, THEY'RE GONNA BE ON NOTICE TO OBJECT, UH, AS YOU'VE SEEN THAT THEY DID.
UM, SO I, I THINK YOU'RE SAFE HERE.
UM, ALL OF THE BACKUP DOCUMENTATION ALL ALSO LISTS VERY SPECIFICALLY THE ACTUAL AS CONSTRUCTED HEIGHT OF THE PROJECT AT 32 FEET.
UM, SO REGARDLESS OF WHETHER, UM, SOMEBODY KNOWS OR DOES NOT KNOW THAT R FIVE A IS 30 FEET TO THE MIDPOINT OR KNOWS OR DOES NOT KNOW THAT NS O 13 IS, UH, 27 FEET TO THE HEIGHT PLAIN AS MEASURED FROM THE CENTER LINE OF THE STREET RIGHT OF WAY, MS. HAYDEN'S COMMENT, I THINK IS CORRECT.
UM, IT, THE, YOU'RE GONNA BE ON NOTICE THAT, THAT YOU NEED TO SHOW UP.
SO I HOPE THAT THE BOARD, UH, UNDERSTAND VERY, VERY, UH, CLEARLY THE CHAIRS, UM, WELCOME COMMENTS ON WHERE HE'S LEANING, BUT WE HOPE THAT YOU CAN SEE FIT TO HAVE AN ACTION TODAY BECAUSE WE'VE BEEN SITTING FOR TWO MONTHS WITH A LOT OF RAIN AND, UH, THAT THAT IS DETERIORATING.
UH, MY CLIENTS ALSO ARE, UH, HAVE ABOUT $350,000 IN CONSTRUCTION DRAWS.
THEY'RE CLIPPING ALONG AT ABOUT 8%.
SO, UM, THAT THERE'S SOME URGENCY HERE.
AND I KNOW THAT EVERYBODY WHO COMES DOWN HERE HAS SOME URGENCY.
SO I'M NOT TRYING TO CLAIM THAT WE'RE UNIQUE, BUT WE, WE ARE BURDENED BY THAT.
UM, I JUST WANT TO GO THROUGH THE REST OF WHAT I'VE GIVEN YOU IS AN ILLUSTRATION OF THE HEIGHT, WHICH I THANK MR. FRANKLIN FOR REALLY GOING IN DEPTH ON THAT.
AND WE MUST SAY STAFF HAS BEEN EXTRAORDINARILY HELPFUL ON THIS.
THE ORIGINAL MISTAKE WAS NOT STAFF'S MISTAKE, IT WAS A THIRD PARTY REVIEWER.
THE CITY, AS YOU KNOW, HAS HAD TO HIRE THIRD PARTIES TO DO PLAN REVIEW.
UH, AND THAT IS THE PERSON WHO INITIALLY MADE THE MISTAKE.
UM, THEN IF YOU SEE THE LAST COUPLE OF PAGES I'VE GIVEN YOU, UM, UH, MR. TIMS WHO I THINK IS ON.
AND SO IF, IF HE CAN BE MOVED TO PANELISTS AND UNMUTED, WE MIGHT BE ABLE TO HEAR FROM HIM AS WELL.
UH, WHAT I THINK HE'S GIVEN YOU THERE IS WHAT YOU NEED UNDER THE 2021 AMENDMENTS TO THE BOARD OF ADJUSTMENT STATE LAW TO FIND THAT COMING INTO COMPLIANCE WOULD EXCEED 50% OF THE APPRAISED VALUE.
NOW, THE THING HASN'T BEEN APPRAISED, IT WAS A VACANT LOT, I'VE GIVEN YOU THE, THE DCA APPRAISAL.
BUT AT $350,000 IN DRAWS, THAT'S PROBABLY ITS CURRENT APPRAISED VALUE.
UH, EVEN THOUGH YOU WOULDN'T PAY THREE 50 FOR IT YOURSELF, AND IF WE HAVE TO
[03:25:01]
FIX IT, WE ESTIMATE THAT THAT'S GONNA BE $400,000.SO WELL IN EXCESS OF THE 50% APPRAISED VALUE.
WE KNOW THAT'S A MAY AND NOT A SHALL, UH, BUT WE BELIEVE THAT THIS IS EXACTLY THE KIND OF CASE THAT THAT, UH, CHANGE WAS MEANT TO ADDRESS.
AND WE HOPE THAT IN YOUR GOOD DISCRETION, IN YOUR APPOINTED POSITIONS, THAT'S HOW YOU WILL SEE IT.
ALSO, UM, DO WE HAVE MR. TIMS ON AND, UH, ABLE TO BOTH SHOW HIS CAMERA AND SPEAK TO US? IT SOUNDS LIKE MAYBE.
SO I'LL, I'LL JUST PROCEED WITH WHAT I WAS GONNA TALK TO HIM ABOUT.
UM, I'M ACTUALLY ON, JUST HEARD HIM.
HE GOES, HEY LANCE, YOU'LL HAVE TO TURN YOUR CAMERA ON THE, THERE WE GO.
THE ATTORNEY GENERAL SAYS YOU HAVE TO BE ON CAMERA.
HEY, UM, MR. TIMS, CAN YOU TELL US WHY THAT ONE SMALL PIECE, WHICH YOU SAW CIRCLED IN RED IN THE TECHNICAL REVIEW, IS ON THE HOUSE? THE PART THAT STICKS UP INTO THE, THE HEIGHT RESTRICTION? YEAH.
THIS IS MY HUSBAND AND I'S FOREVER HOME.
WE'RE BOTH GONNA RETIRE IN THE NEXT FIVE YEARS.
WE NEED YOU TO GET CLOSER TO YOUR MICROPHONE AND SPEAK LOUDER, LANCE.
IT'S MY HUSBAND AND I, WE'RE GONNA LIVE IN IT.
SO WE WANTED TO PUT AN ELEVATOR IN THE HOUSE BECAUSE WE'RE BOTH GETTING OLDER.
AND IS THAT, IS THAT INTRUSION INTO THE HEIGHT PLANE, ELEVATOR MECHANICALS? IT'S THE ELEVATOR SHAFT, YES, SIR.
I'M GONNA KEEP GOING FAST, LANCE, JUST CUZ I DON'T WANT TO TAKE A MORE TIME AT THE END OF A LONG DAY.
UM, I WANNA RE I WANNA TALK TO YOU A LITTLE BIT ABOUT THE QUESTIONS YOU GUYS ASKED BECAUSE I THOUGHT THEY WERE VERY, UM, RELEVANT.
UM, WITH REGARD TO THE OPPOSITION PETITION.
UM, THOSE ARE NOT GONNA BE CLOSE IN NEIGHBORS.
THE 16 LETTERS THAT YOU HAVE, HAVE THE ADDRESSES ON THEM, AND YOU CAN SEE WHERE THEY COME FROM.
UM, HE TESTIFIED, UH, WAS HE ON THE LIST OF REGISTERED SPEAKERS TO TESTIFY? NO, SIR.
THANK YOU MR. HOLCOMB FOR CATCHING THAT.
UM, UH, SO I NEED, SO OUR RULES SAY THAT IN ORDER FOR SOMEONE TO TESTIFY REMOTELY, THEY HAVE TO BE REGISTERED THE DAY BEFORE, CORRECT? THAT IS CORRECT.
SO WITH THE, WITH THE BOARD'S PERMISSION RETROACTIVELY, I'M GONNA ASK FOR US TO ALLOW IT.
SO I NEED FOR, IS IT, YOU SAID LANCE IS LANCE TIMS TIM.
TIMS LIKE THE RIVER TIMS. OKAY.
SO, UH, I'M GONNA ASK OUR BOARD SECRETARY TO SWEAR HIM IN AND THEN FOR HIM TO GIVE HIS NAME AND THE ADDRESS AND WE'LL DO RETROACTIVE AND THEN HE DOESN'T HAVE TO RE-TEST TESTIFY, BUT RETROACTIVE.
SO PLEASE, MS. WILLIAMS, 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 BEFORE PROCEEDING.
JOHNNY LANCE TIMS 5 43 CANADA DRIVE, DALLAS, TEXAS 75,212.
WE'LL ACCEPT THE, WITH THE BOARDS INDULGENCE TO THE CHAIRMAN, UH, AND THE GREAT CATCH OF MR. HOLCOMB WILL, UH, ACCEPT YOUR TESTIMONY IS ALREADY PROVIDED AND THAT HE'S BEEN SWORN IN AND THAT SORT OF THING.
IN THE FUTURE, THE, THE, OUR RULES ARE VERY CLEAR.
IT'S SUPPOSED TO BE, UH, SIGN UP THE DAY BEFORE.
PETITIONS ARE OFTEN VERY USEFUL.
UM, BUT WE DON'T KNOW WHAT'S ON THE PETITION.
IT DOESN'T LOOK LIKE THERE'S A STRONG DESCRIPTION AND WE DON'T KNOW WHAT THOSE PEOPLE WERE TOLD, QUITE FRANKLY.
UM, WHAT WE DO KNOW IS THAT MR. TIMS AND MR. RICHARD WALKED THEIR NEIGHBORHOOD AND GOT, UM, LETTERS FROM THE NEIGHBORS WHO LIVE CLOSEST TO THEM.
YOU'LL SEE A NUMBER OF, UM, UH, ADDRESSES ON CORONET.
SECOND THING I WANT TO DO IS ADDRESS, UH, MS. HAYDEN'S, UM, CATCH OF, UH, MIDLINE OF THE STREET, RIGHT OF WAY.
IT'S ONE WAY IN EACH DIRECTION.
SO IT DOESN'T ACTUALLY MATTER WHETHER YOU MEASURE FROM THE MIDLINE OF THE STREET RIGHT OF WAY OR THE MIDLINE OF THE STREET.
[03:30:01]
WAY, IT'S IN THE MIDDLE OF THAT GIANT MEDIAN.UM, AND SO IT, IT'S A REALLY, LIKE, TECHNICALLY IT'S A VERY GOOD CATCH CUZ IN A NORMAL STREET IT WOULD MAKE A MASSIVE DIFFERENCE.
UH, HERE IT MAKES A LITTLE BIT LESS OF A DIFFERENCE.
AND I WOULD AGAIN APPRECIATE MR. FRANKLIN FOR GOING OUT THERE AND FINDING WHAT TECHNICALLY ALLOWS US TO COMPLY WITH THE NSO.
UM, ONE THING I, THAT I NOTICED IN THE 200 FOOT VIDEO IS THAT FOR THREE OF THE SIX MINUTES YOU'RE LOOKING AT NO ONE THERE TO CARE.
UM, AND I KNOW SOME PEOPLE DO CARE.
UH, THIS IS A VERY STRONG NEIGHBORHOOD AND I'M NOT, I'M NOT DENIGRATING THAT AT ALL.
PEOPLE ARE ENTITLED TO THAT OPINION, BUT THEY DON'T LIVE IN EYESHOT OF THE PROPERTY.
UM, THERE, THERE IS A LOT OF OPEN SPACE RIGHT THERE BECAUSE OF THAT BIZARRE DESIGN.
AND THEN THE LAST THING I WANTED TO POINT OUT IS YOU HEARD, UH, MR. TIMS TESTIFY TO HIS ADDRESS, UM, THAT IS ANOTHER ADDRESS IN THE SAME NEIGHBORHOOD ON CANADA DRIVE, UH, WHICH I THINK TELLS YOU SOMETHING ABOUT, IN ADDITION TO THE KIND WORDS THAT STAFF GAVE YOU ABOUT HOW, UH, MR. TIMS AND MR. RICHARD HAVE RESPONDED TO THIS UNFORTUNATE MISTAKE, UM, TELLS YOU SOMETHING ABOUT WHAT THEY INTEND TO DO HERE AND THEIR COMMITMENT TO THE NEIGHBORHOOD.
SO WITH THAT, I'M BE AVAILABLE FOR YOUR QUESTIONS AND WE MAY HAVE A BRIEF REBUTTAL, MR. CHAIR, BUT I PROMISE TO KEEP IT BRIEF.
UM, WE'RE GONNA, UM, I'M GONNA WANT, LET'S LET EVERYONE SPEAK FIRST BEFORE WE DO ANY QUESTIONS.
ARE THERE ANY OTHER PEOPLE TO SPEAK IN FAVOR? I THINK YOU SAID NO.
AND FOR THOSE THAT WOULD LIKE TO SPEAK IN OPPOSITION, IF YOU'D CALL, I'LL LEAVE THE LIST TO YOU, MS. WILLIAMS. WE HAVE TWO SPEAKERS ONLINE.
SO DO WE DO ONLINE? NO, WE'RE GONNA DO IN PERSON FIRST.
MR. ALVERS, WAIT, WAIT A MINUTE.
I THINK, IS THAT, IS THAT YOU SIR? YES.
ISN'T BOB BARKER SAY THAT OR SOMEONE COME ON DOWN.
IS THAT, WAS IT BOB BARKER? SWEAR I'M IN ALTOGETHER.
OH, SHE WANTS TO SWEAR THEM ALL.
YOU WANNA SWEAR 'EM ALL AT THE SAME TIME? OKAY, MS. WILLIAMS, YOU'RE THE BOSS.
ALL RIGHT, GO AHEAD AND CALL ALL THE NAMES.
OKAY, YOU'RE GONNA JUST STAND UP, SIR.
UM, DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
DO YOU WANNA DO THE ONES ONLINE TOO, OR YOU WANNA DO THOSE WHEN WE DO 'EM? UM, WE CAN DO ONE AT A TIME.
SO DO WE HAVE, SO WE HAVE FOUR SPEAKERS LEFT OR IN HERE ON BLUE SLIPS IN PERSON.
SO PLEASE, THE FIRST PERSON, PLEASE START WITH YOUR NAME AND ADDRESS BEFORE PROCEEDING.
YEAH, MY NAME IS, UH, TONY CARILLO.
I RESIDE AT 31 0 9 PARVE AVENUE.
I ALSO HAVE A PROPERTY JUST, UH, JUST OUTSIDE OF THAT 200 FEET, UH, THAT THE, UH, HOUSE IN QUESTION ON NOMA STREET.
AND YOUR ADDRESS AGAIN IS 31 0 9 PARILLA AVENUE, DALLAS, 70 52 12.
AND, UH, IS THAT WITHIN THE 200 FEET OR OUTSIDE? NO, I THINK IT'S JUST RIGHT OUT.
I MEAN, I HAVEN'T MEASURED IT, BUT IT'S, IT'S EITHER IN OR OUTSIDE.
I MEAN, I JUST, THAT'S OUR RULES.
THERE'S A, ONE MEMBER OF THIS PANEL HAS BEEN ON MY TAIL TO INCREASE THAT 200 MR. JAYDEN AREA.
UM, SO, UH, ALRIGHT, SO YOU GO AHEAD AND YOU'VE BEEN SWORN IN.
YOU, YOU HAVE FIVE MINUTES TO PRESENT, SIR.
UH, I'VE GOT A LITTLE QUESTION ABOUT HERE FIRST.
UH, I KNOW, UH, OUR NSO TECHNICALLY BACK WHEN IT, WHEN IT FIRST WAS IMPLEMENTED, IT SAID CENTER OF THE STREET AS YOU REFERRED TO, AND THAT'S EXACTLY, I REMEMBERED ABOUT, ABOUT THAT SITE.
AND YOU, YOU SPOKE OF, UH, RIGHT AWAY OF TRAFFIC.
THERE'S NO TRAFFIC ON A BOULEVARD.
YOU, YOU DON'T HAVE ANY TRAFFIC.
IT'S JUST THE MEDIA THAT SEPARATES EACH SIDE OF EACH STREET.
AND, UH, THERE'S, YOU KNOW, YOU'RE NOT SUPPOSED TO WALK ON THAT MEDIA, ALTHOUGH THERE'S THE OTHER, ALTHOUGH THERE'S, YOU KNOW, UH, SOME PEOPLE DO THAT.
BUT ANY, ANYWAY, GETTING BACK TO THIS REAL QUICK.
UH, AND, UH, THESE INDIVIDUALS THAT ARE BILLING THIS HOUSE, WE'RE IN VIOLATION OF CODE.
UH, THERE'S, IF YOU CAN BACK BACK, I DIDN'T BRING, I DIDN'T BRING THE SERVICE REQUEST NUMBERS AND THE CODE VIOLATIONS OF THEM, BUT, BUT ONE
[03:35:01]
OF YOUR VIDEOS SHOWED THE DUMPSTER OUT THERE IN THE STREET IN FRONT OF THAT HOUSE, AND IT'S NOT SUPPOSED TO BE THERE.IT'S SUPPOSED TO BE IN THE, IN THE STREET.
THEY ALREADY MOVED IT CUZ WE, UH, WE, UH, REPORTED THAT.
AND THEN THERE WAS SAFETY ISSUES IN FRONT OF THAT HOUSE.
THERE WAS BROKEN GLASS, THE WALKWAY, YOU WENT, THE ELDERLY PEOPLE COULDN'T WALK THROUGH THERE.
THE FENCE WAS, UH, KNOCKED DOWN.
NOT, NOT PRETTY LIKE THE WAY IT WAS, THE WAY YOU SHOWED IT HERE, BUT IT, IT WAS, THERE WAS, THERE WAS VIOLATIONS.
YOU CAN SEE IF, IF Y'ALL HAVE TO GO BACK ON THAT ADDRESS, ADDRESS ALL YOUR COMMENTS TO THE CHAIRMAN.
I'M, YOU DON'T WANNA APOLOGIZE TO OTHER PEOPLE.
AND, UH, YEAH, ONE OF THE ISSUES AND, UH, THE MAIN REASON WE'RE HERE IS BECAUSE THE NSO APPROVED OUR 2027 FOOT FOOT.
AND IT'S, IT WAS INVALID VIOLATION.
THE FIRST TIME IT WAS REPORTED.
THERE WAS NOTHING BUT A FRAME UP THERE.
AND BOOM, THERE WAS STILL SOME WORK BEING DONE TO THAT HOUSE.
IT DIDN'T STOP IMMEDIATELY RIGHT AFTER THAT, THAT, UH, CODE WAS, UH, REPORTED ON THAT.
IT, THEY CONTINUED TO WORK ON IT.
UH, LEMME SEE WHAT ELSE HERE, HERE.
OH YEAH, THE STRUCTURE WAS STARTED WITH VIOLATIONS AND, UH, AND WE PUT, WE, UH, AND THE, AND ONE OF THE MAIN REASONS WE ALSO, I IMPLEMENTED THAT NSO AND THE HIDE RESTRICTION.
CAUSE WE WANTED TO MAKE SURE WE DIDN'T GO OVER TWO, TWO STORIES FEET OUT.
I DIDN'T COME IN UNTIL LATE LATER THAT, BUT ANYWAY, THAT NSO WAS IMPLEMENTED TO KEEP A LOW INCOME OF FAMILIES IN THERE.
CUZ THE MORE, YOU KNOW, THE MORE ROOMS YOU GOT, THE MORE BATHROOMS, THE MORE, THE MORE, UH, BEDS YOU GOT, THE PRICES OF THE HOUSE GOES UP AND OUR PROPERTY TAXES GO OUT.
OUR, OUR NEIGHBORHOOD, THERE WAS, UH, WE'RE BELOW MEDIUM, YOU KNOW, AND, UH, WITH THESE HOUSES COMING UP, IT'S GONNA AFFECT US.
AND WE, AS YOU KNOW NOW THE CITY TO CITY OF DALLAS, WE DON'T, WE, WE DON'T HAVE ENOUGH AFFORDABLE HOUSING FOR ALL OF OUR, UH, LOWER INCOME FAMILIES.
SO THIS IS GOING TO AFFECT THAT, THAT ISSUE ALSO.
AND IN THE CITY ALSO, UH, WE, WE, WE, WE GOT, UH, US RESIDENTS.
I'VE BEEN, I'VE BEEN THERE FOR 62 YEARS.
UH, BUT HE, UH, AND WE WERE IN VIOLATION OF OUR, OF OUR FENCING TOO.
WE HAD HIGH SECURITY FENCES AND I KNOW ME AND ANOTHER LADY DOWN THE STREET AND WE, WE COMPLY, WE CUT 'EM DOWN.
WE HAD TO DO THAT AND SPEND OUR MONEY.
AND THAT'S WHAT I, I, THAT'S WHAT I BELIEVE THAT SHOULD HAPPEN TO THESE PEOPLE TOO.
BECAUSE ONCE YOU GIVE ONE PERSON A, A CHANCE, IT'S GOING, IT IS GONNA KEEP GOING ON.
I MEAN, WE, WE WANT, WE WANT THIS A RESIDENTIAL AREA, FAMILY AND, AND COUPLES TOO.
YOU KNOW, THESE, THESE TWO GUYS THAT ARE, THAT ARE DOING IT, YOU KNOW, THAT'S FINE.
I MEAN, WE JUST WANT TO BE LAW ABIDING CITIZENS, BUT WE GOTTA, UH, WATCH OUR TAX TAXES AND, UH, WE WANT TO PROVIDE THAT FOR THE P INDIVIDUALS THERE.
YOU KNOW, WE'VE BEEN, LIKE I SAID, I'VE BEEN THERE SINCE, SINCE 61.
AND MY GRANDFATHER CAME BACK IN 1915, BACK WHEN IT WAS DIRT ROADS THERE.
AND THEN, AND GOING BACK TO THAT MEDIA ISSUE, THAT THAT'S A, THAT'S THE MAIN PRIORITY.
PLEASE ON THINK ABOUT THAT BECAUSE THE MEDIA IS NOT, IT IS NOT, UH, A RIGHT OF WAY OF TRAFFIC.
THERE'S NO TRAFFIC ON THE MEDIA.
YOU'RE NOT EVEN SUPPOSED TO BE ON THE MEDIA.
AND, UH, OH, AND BACK BACK TO OUR PETITION, THE R AND O.
THE R MEANS THE RENTER, AND THE O MEANS AN OWNER ON OUR PETITIONS THERE.
AND WE APOLOGIZE FOR DOING THAT.
WE JUST GOT NO, THAT'S NO PROBLEM.
OH, I GUESS, YEAH, I DIDN'T WANT TO RIP Y'ALL.
NOW, JUST SO THAT YOU UNDERSTAND, UH, THE BOARD OF ADJUSTMENT, THE PLANNING COMMISSION, THE CITY COUNCIL, LANDMARK COMMISSION, ALL APPRECIATE PUBLIC INPUT.
UM, WE DO, IT IS VERY IMPORTANT WHETHER YOU'RE A PROPERTY OWNER, YOU'RE, UH, UH, EVEN IF YOU WEREN'T A CITIZEN OF DALLAS, YOU HAVE THE RIGHT TO COME AND SPEAK.
NOW, THE PROCESS THAT WE, UM, PRIORITIZE AND OR TABULATE ARE PROPERTY OWNERS AGAINST A DEC AD LISTING DALLAS, DELL CENTRAL PLACE DISTRICT.
THO THOSE THAT ARE WITHIN THAT 200 FEET RADIUS PROPERTY OWNERS ARE THE ONES THAT, I HATE TO EVEN USE THE WORD STANDING, BUT HAVE RECOGNITION.
THE CODE SAYS THAT WE ARE TO IDENTIFY AND BE, BE MADE AWARE OF.
THEY, THE STAFF NOTIFIES ALL THOSE PROPERTY OWNERS, NOT RENTERS, NO DISRESPECT, BUT PROPERTY OWNERS.
SO, SO, UH, THAT DOES NOT MEAN THAT WE DON'T PAY ATTENTION TO AN R MAYBE ON YOUR SHEET.
IT'S THE PROPERTY OWNER AGAINST THE APPRAISAL DISTRICT'S LIST.
YEAH, I JUST WANTED TO CLARIFY.
OH, NO, NO, YEAH, NO, I UNDERSTAND THAT.
WE DON'T IGNORE IT, BUT WE, IT'S, WE ARE, WE'RE TOLD PROPERTY OWNERS.
UH, I'M GLAD YOU, UH, BROUGHT THAT UP.
YOU'VE BEEN VERY, I MEAN, YOU'RE HONEST
[03:40:01]
AND YOU'RE OPEN.YOU SHOULD BE A JUDGE, TELL YOU TRUTH, YOU SHOULD BE ON OUR SUPREME COURT.
BUT ANYWAY, UH, UH, THIS IS THAT TO MY WIFE.
ALRIGHT, WELL, THIS, UH, THIS ISSUE THAT WE'RE ON RIGHT HERE IS THE NSO.
AND THE NSO IS OUR WHOLE NEIGHBORHOOD.
SO THAT, THAT'S WHY I WAS KIND OF, WE WERE KIND OF HIT CONFUSED THE WHY IT'S ONLY 200 FOOT RADIUS WHEN THIS ISSUE IS AN NSO ISSUE.
AND THE ANSWER IS BECAUSE THE STATE TAKES THE, THE STATUTE FROM THE LEGISLATURE TO THE CITY, TO CITIES THROUGHOUT TEXAS DESIGNATES FOR ZONING CASES AND FOR BOROUGH OF ADJUSTMENT CASES, A SPECIFIED AREA.
AND IN DALLAS FOR BOARD OF ADJUSTMENT, RIGHT NOW IT'S 200 FEET.
THE PLANNING COMMISSION HAS 200, 300 AND 500 FEET DEPENDING ON THE TYPE OF ZONING CASES.
WE, WE, WE WILL CONSIDER, WE'VE HAD THE CONVERSATION INCREASE THAT TO 300, BUT RIGHT NOW THE STANDARD IS 200 FEET.
SO THAT'S WHAT WE ARE FOCUSED ON.
EVEN IF IT WASN'T IN, IN A SOLUTION, IT'S 200 FEET.
THAT DOESN'T MEAN WE DON'T, THAT DOESN'T MEAN WE IGNORE OUTSIDE OF THAT.
BUT AS BOARD MEMBERS, OUR FIRST FOCUS IS WHAT, WHAT'S THE OPINION WITHIN 200 FEET? RIGHT.
AND I THINK, I THINK I'VE COVERED UP EVERYTHING.
I JUST, UH, I JUST, UH, HOPE YOU GUYS CAN, UH, TAKE HEAT ABOUT THE, UM, ABOUT, UH, ABOUT ON YOUR DECISIONS.
YOU KNOW, CUZ WE, UH, ALLOWING AN A HOUSE THAT, OF THAT, THAT SIZE TOO.
YOU KNOW, IT'S GONNA AFFECT ALL OF OUR TAXES AND HOW EVERYTHING IS THAT I KNOW THEY'RE, THEY'RE WORKING ON OUR, OUR GREAT STATE OF TEXAS TOO, AND, AND GIVING US A, UM, A TAX BREAK.
HOPEFULLY IT'LL COME THROUGH ON, ON US ALL, ALL OF ALL OF US THAT OWN OUR HOMES.
SO, BUT ANYWAY, I HOPE YOU GUYS WILL TAKE, AND ESPECIALLY THAT I REALLY LIKED THAT ISSUE ABOUT THE IMMEDIATE CUZ IT BACK THEN IN THAT DAY, I REMEMBER WHEN IT, WHEN IT, OUR NSO WAS APPROVED, IT SAID THE MIDDLE OF THE STREET.
AND THEY, THEY EXPLAINED THAT.
THANK YOU VERY MUCH, MS. BOARD SECRETARY NEXT.
HE MAY HAVE BEEN THAT GENTLEMAN THAT CORNER THERE AND HE MAY BE LEFT STEPPED OUT.
SO WE'LL COME BACK TO HIM ON THE LIST.
NEXT PERSON, MS. SYLVIA LAGOS.
I RESIDE AT 1 31 NORTH MONTCLAIR.
AND I'M HERE IN SUPPORT OF MY FATHER WHO HAS GIVEN ME PERMISSION AND HE COULDN'T BE HERE.
AND I'M HERE TO PROTECT OUR FAMILY HOME.
I WAS BORN AND RAISED IN LAVA HAVA AREA.
YES, IAM MS. WHAT IS THE ADDRESS THAT YOU, YOUR FATHER LIVES AT? ONE THREE, UH, 13 ONE NORTH MONT CLEARS WHERE I REC RESIDE MY, THAT FATHER REC RESIDES AT 33 0 7 BATAN.
UPON HIS DEATH, THE HOUSE WILL BE THE FAMILY HOME, WHICH IS OUR, I'M PART OF IT.
ALL RIGHT, NOW YOU CAN PROCEED.
YOU SAID IT'S MR. OR MR. ATTORNEY KINGSTON SAID IT WAS AN UNFORTUNATE MISTAKE.
WE SHOULD NOT BE HERE IN 2023.
HAVING TO DEAL WITH THESE UNFORTUNATE MISTAKES.
FOR WHO? FOR THE COMMUNITY, FOR THE PEOPLE THAT HAVE TO LIVE THERE.
FOR THE PEOPLE THAT FOUGHT FOR ME.
I FOUGHT SO THAT WE COULD STABILIZE THIS NEIGHBORHOOD SO WE COULD HAVE AFFORDABLE HOUSING.
I DON'T KNOW WHETHER TO BE ANGRY OR TO BE SAD.
TEARS CAME TO MY EYES WHEN I WAS SEEING THE VIDEO OF THE NEIGHBORHOOD.
THESE PEOPLE THERE, YOU KNOW, AS MR. KINGSTON SAID, WHEN WE GOT THAT PETITION, YOU DON'T KNOW WHAT THEY WERE TOLD.
WELL, WE DON'T KNOW WHAT MR. THOMAS AND HIS PARTNER TOLD THE PEOPLE.
BECAUSE LEMME TELL YOU WHAT SOME PEOPLE TOLD ME, I DON'T KNOW.
I SAW THIS MAN THAT CAME TO MY HOME.
I DON'T REALLY UNDERSTAND ENGLISH.
AND, AND HE JUST, YOU KNOW, HE TOLD ME THIS, HE TOLD ME THAT.
SO HOW DO WE KNOW WHAT THEY TOLD HIM? EVEN IF IT IS IN THE 16TH, THEY WERE INTIMIDATED BY SOMEONE THAT DOESN'T LOOK LIKE THEM.
AND NO ONE UP THERE LOOKS LIKE ME EITHER.
THAT REPRESENTS THIS BOARD OF ADJUSTMENTS.
SO TELL ME, WHAT IS EQUITABLY IN THIS CITY? WHAT IS EQUITY IN THIS CITY? OKAY, THEY'RE BUILDING $955,000 HOME AT 33 0 2 WAKE STREET.
AND YOU KNOW WHAT? THE CITY HAS ALLOWED 'EM TO BUILD A MECHANICAL ROOM WITH AN OUTDOOR PATIO AND THAT EXCEEDS THE 27 27 FOOT HEIGHT.
[03:45:01]
CITY GET IT TOGETHER.IT IS UNFORTUNATE FOR NOT FOR THE APPLICANT, BUT FOR THE PEOPLE THAT LIVE IN THAT COMMUNITY THAT HAVE FOUGHT.
I SAW MY MOTHER FIGHT SO WE COULD GET A CLINIC ALONG WITH SOME OF THESE OTHER PEOPLE THAT YOU'RE GONNA HEAR SPEAK.
LOS BARRIOS UNIDOS CLINIC WAS A TRAILER, MOVED TO SINGLETON AND NOW THEY ARE OVER IN OAK CLIFF BUILDING ANOTHER CLINIC.
WE FIGHT FOR WHAT IS RIGHT, WHAT IS JUSTICE AND WHAT IS FAIR? I'M SORRY THAT MR. THOMAS HAS BEEN INCONVENIENCED.
I'M SORRY THAT THE CITY MADE A MISTAKE.
NOT THE PEOPLES THAT LIVE WITH THEM 200 FEET.
HOW DO WE KNOW WHAT THEY WERE TOLD? DO YOU KNOW WHAT THEY WERE TOLD WHEN MR. THOMAS, THAT DOESN'T LOOK LIKE THEM.
THAT DOESN'T SPEAK THEIR LANGUAGE.
SO ON THAT, I JUST SAY THE PLAN EXAMINER'S LACK OF KNOWLEDGE IS NOT MY PROBLEM.
AND CITY NEEDS TO RECTIFY THAT PROBLEM.
NOW OUR LAWYER OVER HERE HAS TOLD YOU THAT IT WAS WRONG.
THAT, WHAT WAS IT MR. LORI THAT YOU SAID? I'M SORRY, MR. CHAIRMAN, WHAT DID THE LAWYER SAY WAS WRONG? I'M NOT GONNA SPEAK FOR YOU MA'AM.
YOU, YOU NEED, THIS IS YOUR TIME TO SPEAK.
OKAY? BUT YOU ANSWERED MR. KINGSTON'S QUESTIONS WHEN HE WAS SPEAKING, YOU ANSWERED VERY, YOU WERE, YOU KNOW, INVOLVED WITH MR. CARRILLO WHEN HE WAS SPEAKING.
WHAT, WHY IS THAT? THERE WAS A, THERE IS A CONCERN BY THE CITY ATTORNEY'S OFFICE ABOUT THE CORRECT OR INCORRECT NOTIFICATION PRIOR TO THIS HEARING.
THAT DOES NOT, THAT DOES NOT PROHIBIT THE BOARD FROM HEARING THE CASE.
NO, IT'S JUST AN ADVISORY TO THE BOARD.
THE BOARD STILL HAS ITS RIGHTS TO BE ABLE TO HAVE A BRIEFING, HAVE A HEARING, MAKE A DECISION.
WE AND I CHOSE TO HAVE THE BRIEFING AND I CHOSE AS CHAIRMAN WITH THE CONSENT OF THE BOARD MM-HMM
AND, AND WE'LL SEE WHAT THE BOARD DOES IN THE END BASED ON ALL THE INFORMATION THAT COMES FORWARD TO US.
YOU I JUST WANTED TO BECAUSE WE'RE, YES, I JUST WANTED TO HEAR IT AGAIN CUZ I DIDN'T HEAR IT VERY WELL.
WELL, WHEN I WAS SITTING THERE, I WANTED CLARIFICATION.
YES, BECAUSE THE NEIGHBORHOOD DESERVES TO KNOW ALSO, JUST SO YOU UNDERSTAND, THAT'S NOT A RULING BY THE CITY ATTORNEY'S OFFICE.
THAT IS AN ADVISORY AND OUR BOARD ATTORNEY, WHO IS AN AGENT OF THE CITY ATTORNEY'S OFFICE, BUT IS AN OFFICER OF THE BOARD, GAVE ME, GAVE ME THAT INFORMATION AND IT'S STILL WITHIN MY DISCRETION AND THE BOARD'S THANK DISCRETION.
SO THAT WE, WE HAVEN'T MADE ANY DECISIONS YET.
I JUST WANTED TO MAKE IT CLEAR FOR THE RECORD.
AND UH, YOU KNOW, SOME OF YOU DON'T REALLY KNOW WHAT AN NSO IS.
YOU KNOW, THE NSO IS AN ADDITIONAL SETS OF RESTRICTIONS THAT BUILDERS MUST FOLLOW AS WELL AS THE CURRENT ZONING RESTRICTIONS.
WHAT CAN BE REGULATED? FRONT YARD SETBACKS, SIDE YARD SETBACKS, GARAGE LOCATIONS, PLACEMENT AND CONNECTION.
THE MAX HEIGHT OF THE HOMES WAS SET AT 27 FEET.
CONS FOR NOT FOLLOWING THE NSO.
THEY SET A PRESIDENT FOR OTHER BUILDERS TO FOLLOW, INCREASE OUR PROPERTY TAXES EVEN MORE, DESTROY THE CHARACTER OF THE NEIGHBORHOOD.
SOME OF YOU, AS I WAS NOTICING, REALLY WEREN'T WATCHING THE VIDEO, BUT I HOPE YOU WATCHED ENOUGH TO KNOW THAT THE CHARACTER OF THE NEIGHBORHOOD IS BEING DESTROYED.
MA'AM, AGAIN, YOU SPEAK TO THE CHAIRMAN.
I'M SORRY, WAIT JUST A MINUTE.
YOU SPEAK TO THE CHAIRMAN? YES, SIR.
UH, YOU SPEAK TO THE CHAIRMAN, YOU DON'T POINT TO ANY MEMBER OTHER THAN THE CHAIR.
I AM AND KEEPING AS PROFESSIONAL AS I POSSIBLY CAN.
AND YOU DON'T WANNA MAKE, YOU DON'T WANNA MAKE DEROGATORY COMMENTS ABOUT SOMEONE THAT'S GONNA MAKE A DECISION.
BUT THAT DOESN'T HELP YOUR, YOUR CASE.
BUT PLEASE DON'T USE THAT AGAINST ME BECAUSE OF MY PASSION.
I'M, I'M NOT, I'M SAYING WITH A, A SMILE.
SO YOU CAN CONTINUE, BUT ADDRESS YOUR, YOUR COMMENTS HERE.
AND BUT JUST PLEASE UNDERSTAND THAT I'M VERY PASSIONATE, SIR, ABOUT THIS.
AND I WISH Y'ALL WERE MORE LIKE THIS CENTERED SO, YOU KNOW, I COULD SPEAK, BUT ANYWAY, IT'S NOT, IT'S NOT MY SPEAK THIS DIRECTION.
I'M GONNA LET YOU, I'M GONNA LET YOU SPEAK AS LONG AS YOU LIKE WITHIN REASON.
I AM ONE OF THOSE INDIVIDUALS THAT, YOU KNOW, MOVES AROUND A LOT.
BUT NONETHELESS, I JUST WANT YOU TO KNOW THAT, HOW WOULD YOU FEEL SOMEONE CAME TO YOUR HOUSE.
YOU DIDN'T SPEAK ENGLISH, YOU WERE AN IMMIGRANT AND YOU WERE AFRAID.
YOU KNOW, THE FIRST SPEAKERS THAT SPOKE TODAY DURING THE BRIEFING SAID THE SAME THINGS ABOUT THEIR PARENTS.
AND IT IS, I'M SORRY IT IS A LANGUAGE BARRIER, SIR, BUT I JUST WANT YOU TO KNOW THAT THAT RULES MATTER.
WE HAVE 'EM IN PLACE FOR A REASON.
[03:50:01]
UM, YOU KNOW, THE RULES ARE SAID THAT I CAN'T GO OVER 25 MILES IN MY, IN MY, UH, NEIGHBORHOOD.THE NEIGHBORHOOD SHOULD NOT PAY FOR MY MISTAKES.
THE CITY HAS TO OWN UP FOR THEIR MISTAKES.
SO THAT'S WHAT I'M GONNA STICK TO.
IT IS THE HEIGHT, YOU KNOW, AND THE CHARACTER OF THE NEIGHBORHOOD THAT IS BEING DESTROYED BY THESE MONSTROSITIES.
THE NEIGHBORHOOD IS BEING DESTROYED.
HOW YOU WOULDN'T LIKE IT IF IT HAPPENED IN YOUR NEIGHBORHOOD.
PLEASE, PLEASE UNDERSTAND THAT MY PASSION COMES FROM MY HEART, COMES FROM THE FACT THAT I LIVE THERE.
THAT I KNOW HALF OF THESE NEIGHBORS THAT ARE THERE.
I WENT TO VISIT A LADY, UH, ON PASTOR STREET AND CANADA DRIVE.
SHE TOLD ME THAT ONE OF THE DEVELOPERS WAS COMING IN AND WENT AND GOT UPSET BECAUSE THERE WAS A CAR PARKED IN FRONT OF HIS PROPERTY, WHICH IS A BLANK, WHICH IS JUST LAND, NOTHING ELSE.
AND HE WENT OVER THERE TO TALK TO HER AND SHE STARTED SPEAKING ENGLISH.
AND YOU KNOW WHAT HE SAID? OH, YOU SPEAK ENGLISH.
LIKE WHAT THE HECK? WE'VE BEEN HERE FOR CENTURIES.
WE'VE BEEN HERE FROM THE BEGINNING OF TIME.
DON'T KICK THESE POOR PEOPLE THAT HAVE BEEN THERE FOREVER.
IF THEY FOLLOW THE RULES, YOU FOLLOW THE RULES.
I DON'T KNOW IF I HAVE ANYTHING ELSE TO SAY, BUT I HAVE NOT.
I WAS JUST GONNA SUGGEST YOU CONCLUDE.
IS THAT CONCLUDING? NO, I'M SAYING SUGGEST YOU AS I LIKE TO SAY.
GO AHEAD AND FINISH YOUR SENTENCE,
WELL, THANK YOU FOR BEING PATIENT WITH ME, MR. CHAIR.
I DO REALLY DO APPRECIATE YOUR PATIENCE CUZ YOU KNOW, I'M PASSIONATE AND I KNOW THAT IT BOTHERS SOME PEOPLE, BUT IT NEVER BOTHERED ME.
NEVER BOTHERED THE GENTLEMAN AND THE LADIES THAT CAME BEFORE ME.
I HAVE A DEED IN MY HOME THAT MY GRANDFATHER BOUGHT A PROPERTY IN, IN THE FORTIES.
WAY BACK NOW MY, EXCUSE ME, MY GREAT-GRANDFATHER IN THE FORTIES.
YOU WERE FINISHING A SENTENCE.
PARDON ME? YOU WERE FINISHING A SENTENCE, NOT A PARAGRAPH.
SO, YEAH, WE REALLY NEED TO, LEMME JUST, LEMME WRAP.
YOU KNOW, THE LACK OF KNOWLEDGE OF THE NSO IS NOT THE FAULT OF THE PEOPLE.
AND THAT'S WHERE THE BLAME SHOULD LAY.
THE NEIGHBORS SHOULD NOT HAVE TO PAY FOR THE MISTAKES OF SOMEONE ELSE IN THIS LIFE.
WE SHOULD PAY FOR MISTAKES THAT OTHER PEOPLE DO MAKE.
AND PLEASE TAKE RESPONSIBILITY FOR THE ACTIONS AND, AND UNDERSTAND THAT THESE PEOPLE WANNA LIVE THERE AND THEY WANT TO LIVE IN PEACE.
AND THEY, THEY JUST, THEY JUST WANT TO EXIST JUST LIKE YOU DO.
JUST LIKE YOU DO WHEN YOU GO TO YOUR HOME.
WE APPRECIATE YOUR EVERY WORD YOU SAID.
THANK YOU MS. WILLIAMS. NEXT SPEAKER.
AND THE GENTLEMAN HAS RETURNED.
IT'S EASIER COMING DOWN THAN IT'S GOING UP THOUGH.
ALL RIGHT, SIR, IF YOU JUST GIVE US YOUR NAME.
I SAW YOU STANDING IN IN THE RIGHT ARM.
SO IF YOU GIVE US YOUR NAME AND ADDRESS AND THEN YOU CAN ALBERT ALBERT SA, FIVE MINUTES PLUS OR MINUS TO SPEAK TO THE BOARD.
CAN YOU HEAR ME NOW? I CAN, SIR.
ACTUALLY, IT'S ALBERTO SALINAS.
ALBERTO SALINAS, 33 28 TOPEKA.
AND I'M A RENTER, BUT I'M AN INHERITOR WHO'S GONNA INHERIT THE PROPERTY OF 33 28, 33, 20, 33, 23.
WHAT IS YOUR LAST NAME, SIR? SALINAS.
ALSO ANOTHER PROP, BUT ALSO I AM HERE BECAUSE I AM THE ELECTED PRESIDENT FOR THE ORGANIZATION FOR EL LAHARA ASSOCIATION.
UM, I'VE HAD SEVERAL CONVERSATIONS WITH HOMEOWNERS.
NOW THERE'S SOME THAT ARE WITHIN THE 200 RADIUS.
THE REST ARE WITHIN THE NSO VICINITY OF THE NEIGHBORHOOD OF THE COMMUNITY.
IT'S DISTRESSING THAT I'VE BEEN SENDING EMAILS TO OUR CITY COUNCILMAN AND TO OTHER OFFICES OF THE CITY OF DALLAS CONCERNING THE NSO VIOLATION.
AND I BELIEVE THEY EVEN, UH, REACHED THE ATTORNEY'S, UH, CITY OF DALLAS ATTORNEY'S OFFICE WHERE THEY CITED THAT THE, THE HOUSES OR THE STRUCTURES THAT ARE IN QUESTION, NOT THIS JUST WITH THIS, BUT OTHERS THAT WE QUESTIONED WERE IN COMPLIANCE.
WHAT I HAVE HEARD TODAY IS THAT THE LINE, HOW THEY MEASURE CAN BE MOVED.
I HAVE LIVED IN THAT NEIGHBORHOOD FOR THAT LONG.
I HAVE LEFT, SERVED MY COUNTRY, LEFT TO GET EDUCATED, CAME BACK,
[03:55:01]
AND THE NEIGHBORHOOD IS BEING PRESERVED.BUT IN THE LAST FEW YEARS, IT'S BEING BOMBARDED, IT'S BEING ERADICATED.
THE INDIVIDUALS THAT LIVE THERE CURRENTLY, UH, IF WE LOOK AT THIRD, I'M THIRD GENERATION, THE FIRST OR SECOND GENERATION THAT ARE THERE MAY HAVE AN EQUIVALENCY OF HIGH SCHOOL LIMITED ENGLISH LANGUAGE PROFICIENCY WHEN IT COMES TO, TO THE LANGUAGE ITSELF.
AND IT'S VERY, UH, DISTRESSING WHEN WE HAVE INDIVIDUALS THAT COME THAT ARE VERY HIGHLY EDUCATED AND PROFESSIONALS AND TELL 'EM WHAT THEY NEED TO DO AND THEY LISTEN BECAUSE THEY CAN BE INFLUENCED AND PERSUADED VERY EASILY.
I COME STRAIGHT TO THE POINT THAT IF THE NSO WAS CREATED TO PROTECT A NEIGHBORHOOD, THEN THIS DOCUMENT IS WORTHLESS.
BECAUSE WHAT I'M HEARING HERE TODAY, WITH THE SHERMAN'S RESPECT AND EVERYBODY'S EXPERTISE HERE, THE LINES CAN BE MOVED WHEN IT'S CONVENIENT OR WHEN WE FEEL IT'S NECESSARY.
AND I UNDERSTAND THAT WE HAVE TO ADAPT, BUT AT A COST OF OUR CULTURE, OUR NEIGHBORHOOD, IT'S NOT SOMETHING THAT I'M WILLING TO ACCEPT VERY EASILY.
NOW, I DON'T UNDERSTAND WHY WE HAVE TO SIT HERE AND EXPLAIN OURSELVES WHERE THE LINE'S AT, WHEN THIS WAS CREATED, THIS NSO MY UNDERSTANDING CAME TO BE PASSED OR ACCEPTED BY THE CITY FOR OUR NEIGHBORHOOD BACK IN 2012.
WHY IS IT STILL IN QUESTION? WHY DO WE STILL, AND AND IT COMES TO PERCEPTION.
THE VIDEO THAT WAS SHOWN TODAY DOES NOT GIVE A ACCURATE PICTURE OF OUR NEIGHBORHOOD.
I WOULD ENCOURAGE YOU TO INVITE, YOU TAKE A DRIVE.
IT'S ONLY 15 MINUTES OR LESS FROM HERE ACROSS THE BRIDGE AND YOU SEE THE ENTIRE NEIGHBORHOOD.
IF YOU DO NOT MAKE A DECISION TODAY, THEN I ENCOURAGE YOU TO GO SEE WHAT WE SEE, THE HOUSES THAT ARE BEING BUILT TODAY, THE STRUCTURES THAT ARE IN VIOLATION OF THAT.
SO LIKE THIS ONE, I ENCOURAGE PEOPLE TO MOVE IN, BUT SAVE OUR COMMUNITY THE WAY IT IS.
IT'S LIKE BUILDING A 14 SCRAPER BUILDING RIGHT BESIDE A GROCERY STORE.
IT'S REAL SIMPLE AND EASY AS AN ADMINISTRATOR OR OR INDIVIDUAL ACTUALLY SIT BEHIND A DESK OR A COUNTER AND HAVE INFORMATION AND TRY TO INTERPRET THAT AND MAKE A DECISION WITHOUT NOT SEEING THE FULL FACTS.
I, I BELIEVE THAT WHEN YOU SEE SOMETHING VISUALLY, IT HELPS, BUT I DON'T THINK IT GIVES A FULL PICTURE UNTIL YOU GO VISIT THIS, THIS, THIS LINE THAT WE, THAT I WAS NOT COMPLETELY AWARE BECAUSE I'M TRYING TO UNDERSTAND IT ALSO.
I DON'T SEE MYSELF AS A PERSON OF, OF, OF LIMITED KNOWLEDGE.
BUT I, I PRIDE MYSELF THAT I LIKE TO FIND THINGS.
I DO RESEARCH, I LIKE TO LEARN.
BUT WHEN I HEAR THAT THE LINE ORIGINALLY WAS SET BASED ON THE STREET CENTER OF THE STREET, AND THEN IT GETS MOVED COUPLE OF FEET FURTHER, HOW IS THAT FAIR TO ALL THE OTHER HOUSES? WHEN THE PAST YEAR I'VE BEEN SENDING EMAILS TO OUR CITY COUNCILMAN.
I'VE BEEN SENDING EMAILS TO OTHER OFFICES IN THE CITY OF DALLAS, WHICH I DO HAVE TO SUPPORT THAT IF I HAVE TO, THAT WE RECEIVE NO RESPONSE.
OH, IT'S INTERPRETATION OF THE NSO.
IT'S, IT'S HOW, HOW, OH, IT'S ABOUT THE INSPECTORS.
WE'VE HAD LIKE SIX DIFFERENT INSPECTORS GO AND GIVE SIX DIFFERENT ALMOST INTERPRETATIONS.
HOW IS THAT? RIGHT? WE ARE, AND AND MY COLLEAGUES OR MY COMMUNITY MEMBERS HERE WILL COME BACK BEHIND ME ALSO.
AND THEY'LL SAY THE SAME THING, THAT WE DON'T UNDERSTAND HOW THINGS CONTINUE TO MOVE.
TELL ME HOW I NEED TO PURSUE THIS.
BECAUSE IF I'M GOING TO INHERIT PROPERTY FROM MY PARENTS AND LIVE THERE, I WANT IT TO BE HOW IT WAS.
I LIKE TO BELIEVE LIKE I'M ONE OF THE FEW THAT STOOD OUT AND RENTED OUT AND CAME BACK SO I CAN CONTRIBUTE BACK TO MY COMMUNITY.
WHAT I SEE HERE IS AN INJUSTICE.
HOW WE'RE PURSUING, HOW WE BUILD NEW STRUCTURES IN OUR COMMUNITY.
I'M, I DON'T WANNA INSULT ANYBODY, I DON'T WANT TO ACCUSE ANYBODY, BUT PLEASE TAKE A HARDER LOOK OF WHAT WE'RE TRYING TO DO HERE.
WE'RE TRYING TO PRESERVE A COMMUNITY, THE STRUCTURE, THE STRUCTURE FOR OUR NEXT GENERATION.
I WELCOME PEOPLE FROM ALL AREAS, ALL WALKS OF LIFE TO COME TO OUR NEIGHBORHOOD AND LIVE,
[04:00:01]
BUT KEEP WITHIN THE, THE RULES OR GUIDELINES THAT THE CITY OF DALLAS HAS GIVEN US TO FOLLOW AND CONTINUE TO, AND NOT TO MODIFY OR ADJUST ONLY WHEN IT'S CONVENIENT.I CAN SIT HERE AND GIVE YOU EXAMPLES AFTER EXAMPLES, BUT I DON'T THINK YOU WANT TO HEAR THAT WHAT YOU WANT TO HEAR.
WE ALREADY HAVE THREE STRUCTURES, THREE HOUSES THAT WE ASKED THE CITY TO INTERVENE AND THEY FAILED.
NOW THEY EXIST THERE AND THOSE ARE THE PHOTOGRAPHS THAT WE'RE SHOWING.
BUT NOWHERE DOES IT MATCH THE OTHER 250 HOUSES THAT ARE THERE.
NOW I ENCOURAGE YOU TO PLEASE TAKE A TRIP.
TAKE A GROUP TRIP AND GO LOOK AT OUR NEIGHBORHOOD.
OUR NEIGHBORHOOD IS VERY SMALL AND WE'RE WANNA PROTECT IT.
I'VE HEARD, OH, IT'S A COMMODITY THAT THAT PROPERTY, THAT AREA IS GONNA BE BOOMING.
IT IS BOOMING, BUT WE NEED TO STILL PROTECT OUR PROPERTY.
YOU KNOW HOW HARD IT IS TO KEEP INDIVIDUALS WHO HAVE SET INCOMES THAT CANNOT AFFORD THE INCOME TAX OR THE TAX PROPERTY.
I WAS LOOKING AT THE NOTES THAT I WROTE AND I WAS LIKE, WE DIDN'T RAISE THE TAXES.
NO ONE HERE SAID RAISE THE TAXES FOR WEST DALLAS, BUT THEY KEEP GOING UP EVERY YEAR.
MY PARENTS USED TO PAY $2,000 WORTH OF TAXES.
RIGHT NOW THEY'RE PAYING $8,000 WORTH OF TAXES.
THE HOUSE IS STILL THE SAME HOUSE.
AND THE LAST 28 OR 30 YEARS, PLEASE HELP US.
AND I BEG FROM THE COMMITTEE TO SIDE WITH US.
IF YOU REQUIRE ANY FURTHER EXPLANATION OR, OR COMMENTS, I'D BE MORE THAN HAPPY TO COME AND SPEAK OR TO WRITE A LETTER TO WHOEVER I NEED TO, TO SHARE WHAT WE'RE GOING THROUGH.
WE APPRECIATE YOUR, YOUR ADVOCACY.
MS. WILLIAMS, MS. MARIA GARCIA.
OH, UH, IF YOU WOULD GIVE US YOUR NAME AND ADDRESS OKAY.
AND A LITTLE BIT CLOSER TO THE MICROPHONE SO I CAN HEAR YOU.
UH, MY NAME IS MARIA LOSADA GARCIA AND I RESIDE AT 24 22 POST BRIDGE.
POST BRIDGE ROAD IN GRAND PRAIRIE.
BUT I OWN, MY FAMILY OWNS OUR THE HOUSE ON 32 28 BATTAN.
FIRST OF ALL, TRINITY T GROSS IS IN LA BAHAA.
SECOND OF ALL, A LITTLE BIT CLOSER TO THE MICROPHONE SO WE CAN HEAR YOU.
SO TRINITY T GROSS IS IN LADA.
AND I ALSO TAKE OFFENSE TO THE MAN WHO SAYS, NO ONE CARES.
IN A DALLAS MORNING NEWS ARTICLE ABOUT MY PARENTS WRITTEN 40 YEARS AGO, MICHAEL QUINTANILLA STATED, FELIX AND GUADALUPE LOSADA TALK ABOUT HOW PROGRESS IN THEIR BODY IS MEASURED IN PAIN, THE KIND OF PAIN THAT ANGERS THE CITY RESIDENTS WHEN THE CITY PLACES THEIR BARRIO ON THE BACK BURNER.
THEY HAVE GOTTEN STREETS PRE PAVED AND CORNERS, LIGHTS INSTALLED, JOINED OTHERS IN LOBBYING FOR A HEALTH CLINIC, A CULTURAL CENTER, A LIBRARY, AND A PARK.
ALL OF WHICH WERE EVENTUALLY REALIZED BECAUSE ENOUGH NOISE WAS MADE BY PEOPLE WHO CARED.
FAST FORWARD 29 YEARS LATER, MY FATHER AND RESIDENTS OF LA BAHAA FOUGHT TO IMPLEMENT THE NEIGHBORHOOD STABILIZATION OVERLAY TO PROTECT OUR NEIGHBORHOOD OF ESSENTIAL WORKERS.
AS STATED IN THE DALLAS DEVELOPMENT CODE CHAPTER 51, SECTION 51 A DASH 4.507.
THE CITY COUNCIL FINDS THAT THE CONSTRUCTION OF NEW SINGLE FAMILY STRUCTURES THAT ARE INCOMPATIBLE WITH THE EXISTING SINGLE FAMILY STRUCTURES WITHIN CERTAIN ESTABLISHED NEIGHBORHOODS IS DETERMINED TO BE DETRIMENTAL TO THE CHARACTER STABILITY AND LIV LIVABILITY OF THAT NEIGHBORHOOD AND THE CITY AS A WHOLE.
THE NEIGHBORHOOD, THE NEIGHBORHOOD STABILIZATION OVERLAY IS INTENDED TO PRESERVE SINGLE FAMILY NEIGHBORHOODS BY IMPOSING NEIGHBORHOOD SPECIFIC YARD LOT AND SPACE REGULATIONS THAT REFLECT
[04:05:01]
THE EXISTING CHARACTER OF THE NEIGHBORHOOD.THE NEIGHBORHOOD STABILIZATION OVERLAY DOES NOT PREVENT CONSTRUCTION OF NE OF NEW SINGLE FAMILY STRUCTURES OR THE RENOVATION, REMODELING, REPAIR, OR EXPANSION OF EXISTING SINGLE FAMILY STRUCTURES, BUT RATHER ENSURES THAT THE NEW SINGLE FAMILY STRUCTURES ARE COMPATIBLE WITH THE EXISTING FAMILY STRUCTURES.
SO PLEASE EXPLAIN HOW THIS EXORBITANT MONSTROSITY OF A HOUSE IS COMPATIBLE WITH MODEST WORKING CLASS HOMES IN LA BAHA.
HOW DOES IT REFLECT THE WORKING CLASS CHARACTER OR CONTRIBUTE TO THE STABILITY AND LIVABILITY OF OUR NEIGHBORHOOD? HAVING THREE OR FOUR FLOORS, AN OBSERVATION DECK OR A MECHANICAL EQUIPMENT ROOM ON TOP OF A RESIDENTIAL STRUCTURE IS NOT TYPICAL WITH THE EXISTING SINGLE FAMILY STRUCTURES, WHICH VIOLATES THE SPIRIT AND THE INTENT OF THE NEIGHBORHOOD STABILIZATION OVERLAY HARDSHIP IS SIX DECADES.
SIX DECADES OF, AND TWO OR THREE GENERATIONS OF FAMILIES FIGHTING TO BETTER THEIR COMMUNITIES.
HARDSHIP IS A HIGH SCHOOL STUDENT HAVING TO TAKE A PART-TIME JOB TO HELP HIS MOM PAY PROPERTY TAXES.
HARDSHIP IS A HOME BOUND, DISABLED SENIOR CITIZEN UNABLE TO ENJOY THE FIREWORKS FROM HER FRONT PORCH BECAUSE NOW IT IS BLOCKED BY A THREE STORY EYESORE THAT STICKS OUT LIKE A SORE THUMB, APPROVING THE VARIANCE IN HEIGHT AND ALLOWING THEM TO BUILD HIGHER STATES THAT THE BOARD OF ADJUSTMENT AND CITY OF DALLAS IS NOT CARE ABOUT THE STRESS AND HARDSHIP THAT THE RESIDENTS ENDURED TO OBTAIN.
THE N O APPROVAL STATES THAT THE CITY OF DALLAS VALUES MONEY AND WEALTH OVER EQUITY AND EQUALITY.
WE ASK THE CITY TO DO THE RIGHT THING, DENY THE VARIANCE IN HEIGHT, AND UPHOLD THE NSOS MAX LIMIT OF 30 FEET.
FURTHERMORE, WE REQUEST THAT NO MORE MECHANICAL ROOMS OBSERVATION DECK.
THIRD FLOOR, SINCE, SINCE THAT IS NOT TYPICAL IN OUR NEIGHBORHOOD, BE ALLOWED CHANGE THE MANNER IN WHICH THE HOUSES ARE MEASURED FROM A SLANTED DIAGONAL HEIGHT SLOPE TO A STRAIGHT VERTICAL MEASURING FROM THE BASE OF THE HOME.
ENSURE THAT EMPLOYEES INVOLVED IN PROVIDING BUILDING PERMITS AND ENFORCING CODE COMPLIANCE ARE UNIFIED IN THEIR UNDERSTANDING OF THE NEIGHBORHOOD.
UM, THE IN NEIGHBORHOOD CIVILIZATION OVERLAY RESTRICTIONS PLACE A FREEZE ON ANY CURRENT OR FUTURE BUILDING PERMITS UNTIL ALL ITEMS LISTED ABOVE HAVE BEEN COMPLETED.
AND IF YOU WOULD TAKE A LOOK IN, IN YES.
SO THEN OUR NEIGHBORHOOD WAS ESTABLISHED IN 1929, WHERE PROUD COMMUNITY.
YOU'RE NOT GONNA READ ALL THIS? NO, I'M NOT.
AND, AND YOU'RE COMING NEAR TO THE END OF YOUR SENTENCE.
BUT THIS, THOSE HOUSES DO NOT REFLECT THE CHARACTER STABILITY OF OUR NEIGHBORHOOD.
AFTER LITTLE MEXICO WAS DECIMATED A LOT OF THE, BY THE CITY OF DALLAS, A LOT OF THE RESIDENTS SETTLE IN, IN LA BAHAA.
SO IS THE CITY GOING TO ALLOW LA BAHAA TO ALSO BE DECIMATED LIKE LITTLE MEXICO BY ALLOWING THESE HUGE MOUS HOMES TO BE BUILT IN OUR NEIGHBORHOOD WHEN THE CIVILIZATION OVERLAY WAS, WAS IMPLEMENTED TO PROTECT, ESPECIALLY ON THE SECOND PAGE, WHAT CONSTITUTES AN AN EQUIPMENT ROOM? WHY IS A BALCONY OR AN OBSERVATION DECK BEING ALLOWED OR A A TOTALLY DIFFERENT FLOOR, ANOTHER FLOOR BEING ALLOWED WHEN IT'S ONLY SUPPOSED TO BE A MECHANICAL ROOM THAT DOES NOT REFLECT THE CHARACTER OF A WORKING CLASS ENVIRONMENT? UH, I MEAN, WORKING CLASS COMMUNITY, WE ARE, WE LOVE THE COMMUNITY.
[04:10:01]
HAVE FOUGHT FOR EVERY SINGLE THING THAT WE HAVE GOTTEN IN WEST DALLAS.AND THE CITY IS ALLOWING FOR ALL OF, NOT JUST LA BAHAA, BUT ALL ACROSS WEST DALLAS TO BE DECIMATED WITH THESE HUMONGOUS HOMES THAT DO NOT REFLECT THE CHARACTER OF A WORKING CLASS COMMUNITY.
MS. WILLIAMS, IS THAT IT? OF PEOPLE HERE? THAT IS ALL FOR THE PEOPLE.
WE, WE WILL GO TO ANYONE THAT PROPERLY REGISTERED ONLINE? YES, PLEASE.
MR. YOUNG GALLEGOS? YES, I'M HERE.
MAKE SURE YOUR VIDEO IS ON SO I CAN SWEAR YOU IN.
SORRY, I WAS HAVING, I'M USING SOMEONE ELSE'S, UM, THE LAPTOP AND IT KEEPS JUST GIVING ME A BLACK SCREEN.
YOU WOULD NEED TO BE ON VIDEO.
UM, I WOULD LIKE TO SPEAK AS SHORT, BUT CAN YOU START YOUR VIDEO AT THE MOMENT? NO.
UM, MY CAMERA IS NOT SHOWING ANYTHING.
MS. WILLIAMS, CAN YOU WANT TO GO TO THE OTHER PERSON AND THEN WE'LL KIND OF DOUBLE BACK? YES.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH TO, IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
MAKE SURE YOU STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
CAN YOU TURN YOUR VIDEO, YOUR AUDIO? I NEED YOU TO BE TURN YOUR VOLUME UP SO WE CAN HEAR YOU.
CAN YOU HEAR ME OKAY? BOY, WE CAN NOW.
MY NAME IS JANIE ROS AND I LIVE IN WEST DALLAS AT 28 21 BEDFORD STREET.
LA BAHAA ESTABLISHED AN NSO AS A WAY TO PROTECT THE CHARACTER OF THEIR NEIGHBORHOOD AND STABILIZE IT SO THAT THOSE WHO HAVE CALLED LA BAHAA HOME FOR YEARS COULD CONTINUE TO FEEL AT HOME.
I MAY NOT LIVE IN THE 200 FEET RADIUS TO THE PROPERTY, BUT I UNDERSTAND THE CONCERNS OF MY NEIGHBORS FROM LA BAHALA WHO FEAR WHAT THE ADDITION AND THE ENCROACHMENT OF THESE TYPES OF PROPERTIES CAN LEAD TO FOR WORKING CLASS RESIDENTS.
I'M SURE THERE ARE MANY ELDERLY RESIDENTS WHO WOULD LOVE TO RETIRE AND KEEP LIVING IN LA BAHAA TOO.
LA BAHALA COMMUNITY HAS FOUGHT LONG AND HARD TO PRESERVE THEIR NEIGHBORHOOD.
AND APPROVING THIS APPLICATION WOULD GO AGAINST THAT SPIRIT OF THE NSO.
IT WOULD CHIP AWAY AT THE NEIGHBORHOOD AFFORDABILITY AND FURTHER ERODE THE TRUST THAT THE COMMUNITY HAS HAD WITH THE CITY OF DALLAS.
UM, THOSE WERE MY WORDS FOR NOW.
WE APPRECIATE YOU BEING PATIENT AND WAITING FOR US.
AND SPEAKING, UM, TODAY, MS. WILLIAMS, I THINK I SAW HIM COME BACK ON MR. GOGOS.
PLEASE MAKE SURE YOU SAY YOUR NAME AND ADDRESS BEFORE PROCEEDING.
UH, JOHN GALLEGOS AND I CURRENTLY RESIDE AT 5 24 NOMA STREET.
AND, UM, I AM IN THE PROCESS OF INHERITING, UH, 33 18 BRANTLEY.
UM, AND THAT'S MY GONNA BE MY FUTURE HOME, WHICH IS RIGHT THE SAME, SIR, ONE SECOND.
DID YOU SAY 5 24 NOMIS? YES, SIR.
I JUST WANTED TO GET YOUR, GET YOUR STREET.
JUST MAKING SURE I GOT, I GOT PEOPLE WATCHING ME.
OKAY, SIR, YOU HAVE FIVE MINUTES.
I'M WANNA KEEP IT SHORT CUZ MY OFFICE IS CLOSED ALREADY AND IT'S A SECURITY ISSUE FOR ME IS BEING HERE AFTER HOURS.
BUT, UM, I JUST WANNA MAKE A, A STATEMENT.
UH, I KNOW THE DEADLINE TO TURN IN INFORMATION WAS AT 1:00 PM YESTERDAY AND I HAVE A TIMESTAMP OF 12:59 PM SO THE
[04:15:01]
PETITION WAS SENT ON TIME.I JUST WANTED TO MAKE THAT CLEAR.
SO, UM, AGAIN, HELLO, MY NAME IS JOHN GALLEGOS.
I AM A FOURTH GENERATION RESIDENT AND FUTURE HOMEOWNER.
I'M AGAINST THE HOME VARIANCE AND STRUCTURE AT 33 49 CORONET.
I'M FRUSTRATED BY THE FACT THAT THE CITY INTENTIONALLY APPROVED THE CONSTRUCTION OF THIS HOME ALONG WITH OTHERS.
DESPITE THE EXISTENCE OF THE NSO, OUR COMMUNITY HAS DE DECIDED, I MEAN, DEDICATED SIGNIFICANT EFFORT TOWARDS IMPROVING OUR NEIGHBORHOOD.
I'M JUST READING OFF OF THE SCRIPT HERE.
UH, THAT I WROTE, IMPROVING OUR NEIGHBORHOOD ONLY TO HAVE INDIVIDUALS FINE AND EXPLODING LOOPHOLES TO BUILD SUCH HOMES WITH THE ADDED DISAPPOINTMENT OF CITY EMPLOYEES APPROVING THEM.
BESIDES OUR, OUR NSO, THE CITY OF DALLAS ADOPTED A DOCUMENT CALLED WEST DALLAS URBAN STRUCTURE AND GUIDELINE AREA PLAN BACK IN MARCH, 2011.
THIS IS A PUBLIC AND ACTIVE DOCUMENT LISTED ONLINE THROUGH THE DALLAS PLANNING, PLANNING AND URBAN DESIGN DEPARTMENT.
THESE WERE VISIONS AND GUIDELINES FOR THE FUTURE OF WEST DALLAS.
DEVELOPMENTS AND OBJECTIVE DEVELOPMENT OBJECTIVES ON THESE DOCUMENTS INCLUDE PRESERVING, ENHANCING, AND CONSERVING LAVA HADDA COMMUNITY AS AN ENTIRETY UNDER THE OBJECTIVE ENHANCING LAVA JADA, IT CLEARLY STATES AND I QUOTE, ENSURING THE PROTECTION IN LAVA AS A SINGLE FAMILY NEIGHBORHOOD AND PROVIDING AMENITIES, IMPROVING THE QUALITY OF LIFE FOR THIS RESIDENCE IS AN OBJECTIVE OF THE STRUCTURE.
ONE OF THE STRUCTURES INTENTIONAL PRIORITIES SHOULD BE TO STABILIZE THE EXISTING RESIDENTIAL COMMUNITY.
A PENDING APPLICATION FOR THE NEIGHBORHOOD STABILIZATION OVERLAY SHOULD BE EVALUATED BY THE CITY TO ENSURE THAT IT CAN ACCOMPLISH THE DESIRE OF THE COMMUNITY TO MAINTAIN A SKILL AND CHARACTER.
THIS IS SOMETHING THAT OUR NEIGHBORHOOD HAS ACCOMPLISHED, BUT THE CITY CONTINUES TO FAIL US WITH NOT ENFORCING OUR NSO AS AN INTENTIONALLY INTENDED.
WE NOT ONLY SEEK THE REJECTION OF THIS APPLICATION, BUT WE ALSO DEMAND IMMEDIATE ACTION FROM OUR CITY LEADERS AND DEPARTMENTS AS PART OF THE YOUNGER GENERATION.
I STAND ALONG OUR FAMILIES WHO FOUNDED THIS HISTORIC NEIGHBORHOOD SHARING THE HOPE AND DETERMINATION TO IMPROVE AND PRESERVE LAVA HARA FOR FUTURE GENERATIONS.
THANK YOU SO MUCH FOR YOUR TIME, SIR.
I APPRECIATE YOUR PATIENCE AND FOR YOUR COMMENTS.
THANK YOU MS. WILLIAMS. DO WE HAVE ANYONE ELSE REGISTERED? NO OTHER SPEAKERS, SIR.
ACCORDING TO OUR RULES, THE APPLICANT IS ALLOWED A FIVE MINUTE REBUTTAL.
MR. KINGSTON, UH, THANK YOU, UH, MR. CHAIR.
UM, A COUPLE OF THINGS THAT I THINK ARE, HAVE BEEN MISAPPREHEND BY THE NEIGHBORS.
UM, THERE IS NO OUTDOOR PATIO OR DECK PROPOSED FOR THE PROPERTY.
THERE WAS ONE, THIS IS ONE OF THE ITEMS THAT MS. DUNN WAS REFERRING TO WHEN SHE TALKED ABOUT THINGS THAT THE APPLICANTS HAVE DONE TO COMPLY WITH CITY REQUESTS.
UM, THAT, AND I THINK YOU, YOU'VE HEARD ENOUGH OF THAT TO UNDERSTAND THAT THAT'S A SERIOUS, UH, COMMITMENT FROM THEM.
UM, I TH WHAT I AM HEARING FROM THE NEIGHBORS WHO'VE SHOWN UP TODAY IS THAT THEY ARE DISSATISFIED WITH THE WAY THE NSO HAS BEEN ADMINISTERED BY CITY STAFF.
UM, I LIVE IN A CONSERVATION DISTRICT.
UH, I THINK MANY OF YOU HAVE, UH, VAST EXPERIENCE WITH CONSERVATION DISTRICTS BECAUSE SOMETIMES THOSE REQUIRE VARIANCES AS WELL AND YOU WILL GET NEIGHBORS VERY UPSET ABOUT THAT AS WELL.
UM, GENERALLY, I DON'T THINK YOU GUYS SEE A LOT OF HISTORIC DISTRICT STUFF.
I COULD BE WRONG ABOUT THAT, BUT I THINK A LOT OF THAT WINDS UP GOING TO LANDMARK AND NOT REALLY HERE.
UM, BUT THAT'S THE, THAT'S THE THREE TIERS.
THERE'S HISTORIC DISTRICT, WHICH IS EXTREMELY STRICT AND HAS A LOT OF ARCHITECTURAL RESTRICTION, UH, TO CR TO PRESERVE CHARACTER.
UH, THERE IS CONSERVATION DISTRICT, WHICH IS LIGHTER IN ITS TOUCH AND IS ADMINISTERED BY STAFF RATHER THAN THROUGH A TASK FORCE AND LANDMARK COMMISSION.
AND THEN THERE'S NEIGHBORHOOD STABILIZATION OVERLAY, WHICH WAS INTENDED TO BE AN EMERGENCY TOOL FOR NEIGHBORHOODS THAT WERE IN IMMEDIATELY THREATENED.
IT ONLY HAS SEVEN ITEMS THAT IT CAN REGULATE, AND THE COMMUNITY DECIDES IN OPEN MEETINGS HOW TO REGULATE THOSE.
SO, FOR INSTANCE, THE HEIGHT PLANE, THE DIAGONAL MEASUREMENT IN THE NSO AT 27 FEET, AS MR. FRANKLIN EXPLAINED TO YOU, THAT CAN MEAN THAT A, A STRUCTURE TALLER THAN 27 FEET CAN COMPLY, WHICH I THINK IS WHAT HE TOLD
[04:20:01]
YOU HERE TODAY.UM, AND YES, IT COULD HAVE SAID, WE'RE GONNA MEASURE HEIGHT FROM THE GRADE TO THE PEAK.
UH, BUT THAT'S NOT WHAT THIS N NSO SAYS.
THE NSO WAS A REACTION TO AN EMERGENCY.
THE CITY'S AGGRESSIVE UPZONING ALONG SINGLETON, ALONG WITH FLOODING, SOME VERY WEALTHY DEVELOPERS WITH ECONOMIC DEVELOPMENT FUNDS CREATED A SITUATION WHERE PEOPLE WERE NOT ONLY CONCERNED ABOUT LA BAHAA GETTING LARGER HOUSES AND LOSING ITS CHARACTER THAT WAY, BUT THEY WERE ACTUALLY CONCERNED WITH COMMERCIAL ENCROACHMENT INTO THE NEIGHBORHOOD.
AND THE NSO, OBVIOUSLY, WE'RE GONNA HAVE SOME DISAGREEMENT ABOUT THIS, BUT I WOULD INVITE YOU TO PLEASE DRIVE LA BAHAA AND SEE HOW THE NSSO IS WORKING.
LA BAHAA IS EXTRAORDINARILY WELL PRESERVED FOR A NEIGHBORHOOD OF ITS AGE IN THE CITY OF DALLAS THAT HAD NO PROTECTION UNTIL 2012.
IT'S, IT'S AMAZING THE STOCK OF HOUSES THAT THEY STILL HAVE.
AND I NEED TO POINT OUT THAT THIS ADDRESS THAT WE'RE HERE ON TODAY WAS NOT A HOUSE.
SO, UH, MY CLIENTS ARE VERY SENSITIVE.
THEY'RE VERY SENSITIVE TO NOT WANTING TO DRIVE AWAY THE NEIGHBORS THAT THEY CHOOSE TO LIVE NEXT TO.
SIMILARLY, THEY WOULD NOT GO TO, UM, SPANISH SPEAKERS HOUSES AND INTIMIDATE THEM INTO SIGNING LETTERS OF SUPPORT.
UM, AND THAT'S ALL I'M GONNA SAY ABOUT THAT.
THAT'S, THAT'S ALL WE NEED TO KNOW ABOUT THAT.
UM, SO WHEN YOU'RE LOOKING AT THIS, YOU'RE REALLY, YOU'RE HEARING A LOT OF DESIRE FOR MORE PROTECTION FOR THE NEIGHBORHOOD.
AND I WOULD SUBMIT THAT IT MIGHT BE TIME TO NOT USE THE EMERGENCY INTERVENTION OF THE NSO, BUT TO MOVE UP A NOTCH TO A CONSERVATION DISTRICT OR MAYBE EVEN A HISTORIC DISTRICT, WHATEVER, BECAUSE THE HEIGHT VARIANCE WE'RE ABOUT, WE'RE HERE ABOUT TODAY IS NOT REALLY WHAT IS BEING COMPLAINED OF.
WHAT IS BEING COMPLAINED OF IS ARCHITECTURAL AND SIZE DIFFERENCES IN THE NEW HOUSES THAT ARE FULLY LEGAL UNDER THE NSO.
THE NSO HAS NOT BEEN MISINTERPRETED, EXCEPT IN OUR UNFORTUNATE CASE, THE OTHER LARGE HOUSES THAT STAFF SHOWED YOU FULLY COMPLY WITH THE NSO.
IF THE RULES ARE PRODUCING AN OUTCOME YOU DON'T LIKE, IT'S TIME TO CHANGE THE RULES.
AND I WOULD OFFER MY SERVICES AS SOMEONE WHO HAS BOTH SUCCESSFULLY ADVOCATED TO GET A CONSERVATION DISTRICT IN HIS OWN NEIGHBORHOOD AND HAS ADVISED FIVE OTHER NEIGHBORHOODS ON OBTAINING CONSERVATION AND HISTORIC DISTRICT STATUS.
I'M, I AM AVAILABLE FOR THAT JOB.
UM, SO WITH THAT, I'M JUST, I NEED TO, YOU'VE BEEN GIVEN A MORE COMPLICATED CASE THAN YOU WANTED TO HAVE.
I HOPE THAT I HAVE EXPLAINED WHY IT'S A LITTLE BIT SIMPLER AND WHY THERE IS A THROUGH LINE TO GETTING TO A POSITIVE OUTCOME TODAY.
UM, HERE AGAIN, IF YOU'RE WORRIED ABOUT THE NOTICE, PLEASE LOOK AT THE, AT THE FIRST PAGE OF THE DOCUMENTS I SUBMITTED TO YOU.
UM, NO ONE WILL WIND UP WITH THE LEGAL RIGHT TO COMPLAIN ABOUT THE PROPRIETY OF THIS HEARING.
IF THE BOARD CHOOSES TO ACT TODAY, AND I WILL COMMIT THAT I WILL PROBABLY BE THE ONE TO DEFEND YOU IF SOMEBODY SAYS OTHERWISE
SO IF YOU WOULD PLEASE CONSIDER US TODAY, AND WE HOPE, UH, THAT YOU WOULD CONSIDER US POSITIVELY GIVEN STAFF'S, I THINK QUITE DETAILED AND THOROUGH EXPLANATION OF HOW THE TECHNICAL REVIEW REALLY REVEALS THAT THE PROJECT IS MINIMALLY PROBLEMATIC FOR THE NEIGHBORHOOD.
COUNCILMAN KINGSTON, UH, QUESTIONS FOR THE APPLICANT? QUESTIONS FOR THE OPPOSITION? LET'S START WITH QUESTIONS FOR THE APPLICANT.
I'VE GOT MR. HOLCOMB AND MS. DAVIS.
MR. HOLCOMB, UM, A COUPLE OF QUESTIONS.
UM, FIRST, UH, REGARDING THE NOTICE, AS FAR AS I SEE, IT SEEMS LIKE THE EXPOSURE IS ALL YOURS.
SO ON THE RECORD, YOU'RE OKAY PROCEEDING DESPITE ANY RISK OF THAT? I AM NOT ONLY OKAY.
PROCEEDING, I, I WILL BE IN A POSITION WHERE OUR INTERESTS WILL BE ALIGNED.
SO I WILL, DESPITE THE FACT THAT YOU WILL HAVE VERY FINE COUNSEL IN THE CITY ATTORNEY'S OFFICE, YOU WILL ALSO HAVE ME.
AND, UM, THE PORTION IN QUESTION THAT'S ABOVE THE HEIGHT, THE ELEVATOR MECHANICS, IS THERE ANY WAY THAT THAT COULD BE OFFLOADED TO THE SIDE IN THE LOWER STORY? I DON'T KNOW.
UH, IS THERE ANY WAY THAT IT CAN BE SHRUNK DOWN TO FIT, UH, UNDERNEATH THE HEIGHT? NO.
[04:25:01]
UH, I DID ASK THAT QUESTION, MR. HOLCOMB, AND UH, DO YOU MIND IF I ADDRESS MR. HOLCOMB, UH, CHAIR? UH, UH, I, I WOULD, YES, YOU CAN.I, I, WELL, UH, LET'S HERE I I PREFER YOU'D SPEAK BACK TO THE CHAIR TO ANSWER HIS QUESTION CUZ I, I ADMONISHED PEOPLE BEFORE I NEED TO BE CONSISTENT.
UH, MR. CHAIR, THE ISSUE WITH TRYING TO CORRECT THE DESIGN FROM THIS POINT IS THAT WE'RE GONNA TRIP THE 50%, UH, COMPLIANCE COST FIGURE REGARDLESS.
UM, SO IF IT MOVES, IF IT SHRINKS, WE ARE, WE ARE JUST SO COMMITTED AT THIS POINT WITH THE, WITH THE, AND IT, AGAIN, IT'S AN UNFORTUNATE TIMING.
IT'S WHEN THE, THE PERMIT WAS REVOKED.
DID I ANSWER YOUR QUESTION? YEAH, I MEAN, IT WOULD BE NICE TO KNOW, UM, MORE OF THE MECHANICAL REQUIREMENTS OF WHY IT'S THERE SINCE IT'S THE ONLY THING UP AT THAT HEIGHT.
BUT I UNDERSTAND YOU DON'T HAVE, AND I THINK WHAT'S SPEAKING TO THE THREE 50 IS THE AMOUNT OF THE DRAWS AGAINST THE, FOR THE CONSTRUCTION.
IT'S NOT AN APPRAISAL PER SE YET.
HE HASN'T PRESENTED EVIDENCE TO, NO, IT WASN'T APPRAISAL 1475.
IT WAS HOW MUCH THE PROJECT IS FUNDED TO ACTUALLY BECOME CONDUCTED.
WELL, THAT'S WHAT HE SAID, IF I REMEMBER CORRECTLY.
THAT WAS THE AMOUNT OF HIS DRAW.
WELL, IT, MR. MR CHAIR 1475 IS INARTFULLY DRAFTED.
IT SAYS THAT YOU LOOK AT THE LAST YEAR'S, IT'S, IT'S WHAT IT IS.
SO IT'S NOT FOR US TO JUDGE THAT.
YOU LOOK AT THE LAST YEAR'S TAX APPRAISAL OF THE STRUCTURE, THERE IS NO OH, AND IF YOU DIDN'T HAVE A STRUCTURE, HOW DO YOU THERE IS NO STRUCTURE, SO THERE IS NO TAX APPRAISAL OF THE STRUCTURE.
SO CITIES AROUND THE STATE HAVE INTERPRETED THAT TO SAY, UH, YOU CAN USE A PRIVATE APPRAISAL OF THE STRUCTURE VALUE IN THIS CASE.
WE DON'T HAVE ONE OF THOSE EITHER, BUT WE KNOW THAT WE'VE GOT THREE 50 IN IT.
WELL IT WOULDN'T BE APPRAISE FOR THAT BECAUSE YOU WOULD NEVER BUY IT FOR THAT.
WELL, ALRIGHT, WELL WE HAVEN'T GOTTEN TO THAT BRIDGE ABOUT WHETHER A BOARD MEMBER MAKE A MOTION BASED ON THIS AND, AND UTILIZED A METH METHODOLOGY.
THAT WOULD, WE'D HAVE TO, THAT WAS CREATED METHODOLOGY FROM SCRATCH.
I DON'T KNOW IF WE WANNA DO THAT AGAIN.
YOU KNOW, WE DID THAT ONCE BEFORE, SO, OKAY.
UM, YEAH, THAT, THAT WAS THE END OF, UH, MY QUESTIONS AT THE STAGE.
OTHER QUESTIONS FOR THE APPLICANT? MS. DAVIS? WHEN DID CONSTRUCTION START ON THE PROPERTY? UH, I DON'T KNOW THE DATE OF THE START OF CONSTRUCTION.
IT'S BEEN, UH, EARLIER THIS YEAR.
WE POURED THE FOUNDATION IN FEBRUARY.
WE GOT OUR APPROVALS ON JANUARY 11TH AND POURED THE FOUNDATION IN FEBRUARY.
JUST FOR THE RECORD, THE PERSON THAT ANSWERED THAT MS. DAVIS'S QUESTION WAS MR. THAMES.
SO DID THAT ANSWER YOUR QUESTION OR YOU CAN KEEP GOING.
I STILL, SO WHEN DID YOU GET NOTIFIED THAT, UM, THEY, THEY INCORRECTLY APPROVED THE HEIGHT OF THE HOUSE, THAT THE CITY INCORRECTLY? WE GOT A CALL, YEAH, I GOT A CALL ON, I THINK IT WAS MAY 25TH WOW.
FROM THE CITY STATING THAT A MISTAKE HAD BEEN MADE AND WE HAD TO STOP CONSTRUCTION.
AND THAT'S WHEN I MET WITH WILLIE AND HIS TEAM AND, AND EVERYBODY, EVERYBODY AT THE CITY'S BEEN AMAZING TO DEAL WITH, UH, AND GAVE THEM ALL KINDS OF ADDITIONAL INFORMATION AND ANYTHING WE COULD TO TRY TO GET IT RESOLVED AND NOT GET TO THE POINT WHERE WE ARE TODAY.
SO I'M GONNA ASK YOU TO REPEAT THAT.
SO WHAT WAS THE DATE OF THE START OF CONSTRUCTION? JANUARY.
YOU SAID FEBRUARY, BUT WE GOT THE APPROVAL JANUARY 11TH.
WE POURED THE FOUNDATION IN FEBRUARY.
SO JANUARY OF 23 WAS APPROVAL? YES, SIR.
THE FOUNDATION WAS POURED IN FEBRUARY OF 23 AND MAY OF 23.
WHEN YOU HAD THE STOP WORK ORDER.
NOW, ONE OF THE NEIGHBORS DID STATE THAT BUILDING HAD HAPPENED AFTER THE STOP ORDER.
WE WERE GIVEN PERMISSION FROM THE CITY TO PRESERVE OUR PROPERTY AS BEST WE COULD BECAUSE IT WAS GONNA HAVE TO SIT THERE VACANT FOR 2, 3, 4 MONTHS.
AND WITH ALL THE ELEMENTS WE WERE GIVEN APPROVAL TO GO IN AND PUT, UH, THE PLYWOOD AROUND THE OUTSIDE OF IT AS WELL AS THE WRAP JUST TO PROTECT IT BECAUSE OTHERWISE IT WOULD BE, IT WOULD BE, IT WOULD BE EXPOSED TO THE ELEMENTS.
AND WITH ALL THE RAIN WE HAD IN JANUARY, WE ARE ALREADY STARTING TO HAVE WOOD, WOOD, ROT, AND WOOD ISSUES.
UH, DID, DID YOU, WERE YOU BUILDING VERTICALLY AT THAT TIME AFTER YOU RECEIVED NOTIFICATION? NO, MA'AM.
SO THE ONLY CONSTRUCTION YOU DID WAS JUST PUTTING SOMETHING AROUND THE STRUCTURE TO PROTECT THE WOOD.
YOU DID NOT DO ANY ADDITIONAL WORK, MA'AM, ON THE ELEVATOR? UM, THE MECHANICAL ROOM, YOU DIDN'T DO ANYTHING ELSE? WE, WE DID, UH, PUT FRAMING
[04:30:01]
ABOVE THE ELEVATOR ROOM ONLY SO WE COULD COVER IT WITH A TARP.SO IF IT RAINED, WE WOULD TRY TO KEEP AS MUCH OF THE WATER AS WE COULD MM-HMM.
WHAT ARE THE QUESTIONS FROM THE BOARD TO THE APPLICANT? IN, IN, YEAH.
MS. MS. HAYDEN, UH, IN A MOMENT OR TWO, I'M GOING TO ENTERTAIN A, A LAWYER'S DEBATE AS IT RELATES TO THIS POSTING ISSUE.
SO BE AWARE THAT THAT'S COMING, UM, BECAUSE I'M, BECAUSE, UH, WE ARE GONNA BE ADVISED AGAIN BY OUR ATTORNEY AND THEN I'M GONNA LET YOU RESPOND TO THAT SO THAT WE, WE CAN BE AS INFORMED AS POSSIBLE.
SO JUST TO, UH, CONFIRM THE COST OF, I GUESS, REMEDYING THIS OR, OR, UM, PULLING IT BACK DOWN TO A, AN ACCEPTABLE HEIGHT.
IT'S NOT SOMETHING THAT YOU'VE GOTTEN ANY BIDS ON OR ESTIMATES ON OR ANYTHING CONCRETE, IT'S JUST THAT YOU, THAT'S IN INCORRECT YOUR CLIENT THING OR YOU HAVE GOTTEN BIDS ON THAT? YEAH.
IF YOU LOOK AT THE DECLARATION THAT MR. TIMS GAVE TO YOU, UM, HE, HE TALKS ABOUT WHO HE TALKED TO IN ORDER TO COME TO THAT ESTIMATE.
AND HE, OF COURSE IS WILLING TO ANSWER ANY QUESTIONS YOU HAVE ABOUT MORE SPECIFIC DETAILS HE HAS ABOUT COST.
SO AFTER GATHERING AS MUCH INFORMATION AS I CAN, SO I, I DON'T KNOW IF THAT'S AN ESTIMATE FROM A CONTRACTOR OR WHAT THAT IS.
IT'S JUST AFTER GATHERING INFORMATION.
MR. JAMES, WOULD YOU LIKE TO EXPLAIN? YES, I WILL.
IT IS FROM, UH, A CONTRACTOR, THE SAME CONTRACTOR THAT'S DONE BY THE MAJORITY OF THE FRAMING OF THE PROPERTY.
IN ORDER FOR US TO REDUCE IT TO TWO FEET, IT WOULD LITERALLY HAVE TO BE TORN DOWN TO THE SLAB AND BUILT BACK UP WITH THE, WITH THE FLOORS NOT AS HIGH.
AND THAT'S KIND OF THE, I'M SORRY, GO AHEAD.
WOULD THAT ANSWERED MY QUESTION? OKAY.
UM, WHAT OTHER QUESTIONS DO WE HAVE BETWEEN THE BOARD AND THE APPLICANT? WHAT QUESTIONS DO WE HAVE FROM THE BOARD TO ANY OF THE OTHER SPEAKERS? I HAVE A QUESTION FOR STAFF THAT RELATES TO A PRESENTATION THAT WAS GIVEN BY, OH MY GOSH, THIS IS GONNA TEST ME.
UH, I DON'T KNOW IF IT WAS MR. CARRERO, I THINK IT WAS MAYBE MR. CARRERO, UH, WHERE HE PROVIDED US AS EVIDENCE A, UM, SECTION 51, A 4.507 NEIGHBORHOOD STABILIZATION OVERLAY, AND THEN HAD A DESCRIPTION OF HEIGHT PLAIN.
WAS THAT YOU, MR. CORRE? DID YOU PROVIDE THAT? I CAN'T BELIEVE I REMEMBERED IT, BUT IT WAS YOU.
SO, UH, AND THE GENTLEMAN PROVIDED US A DOCUMENT AND I'M TRYING TO HAVE SOME LEVEL OF AUTH AUTH AUTHENTICATION.
HE SAYS IN HERE, ACCORDING TO WHAT THIS SAYS, HEIGHT PLAIN MEANS A PLANE PROJECTING UPWARD AND TOWARD THE SUBJECT LOT FROM MY 0.6 FEET ABOVE GRADE AT THE CENTER LINE OF THE STREET ADJACENT TO THE FRONT PROPERTY LINE.
THAT'S INCONSISTENT WITH WHAT YOU TOLD US BEFORE.
SO I'M WONDERING WHAT AM I, WHAT AM I, AM I TO BELIEVE THAT THIS IS INCORRECT? OR WHAT YOU TOLD ME IS INCORRECT? I'M JUST TRYING TO GET BACK TO THAT.
AND THEN THE NEXT PAGE, YOU HAD THAT SAME DRAWING YOU HAD.
SO IT MAKES ME THINK LIKE, THIS LOOKS AUTHENTIC.
SO, BUT I'M CONFUSED IF YOU WOULD CLARIFY.
THANK YOU FOR THAT QUESTION, MR. CHAIRMAN.
UM, SO THERE, THERE'S ALSO ADDITIONAL PARTS TO THAT SECTION OF THE CODE.
AND FOR THE RECORD THAT IS REFERENCING SECTION 51, A 4.507, UH, THAT B FOUR, UH, B FOUR, CORRECT? CORRECT.
SO I READ IT SAID SIX FEET ABOVE GRADE AT THE CENTER LINE OF THE STREET ADJACENT TO THE FRONT PROPERTY LINE.
IT DOESN'T TALK ABOUT THE RIGHT OF WAY THING THAT YOU TALKED BEFORE.
SO WE HAVE TO REFER TO DEFINITIONS, WHICH IS WHAT I READ INTO THE RECORD.
BUT IT'S IN THE DEFINITIONS, IT SAYS DEFINITIONS IN THIS SECTION, HEIGHT PLAIN.
AND THEN WE DEFINE WHAT A STREET IS PER CODE.
WE HAVE TO GO THROUGH DEFINITIONS.
OH, SO IN THIS AREA RIGHT HERE WHERE IT TALKS ABOUT THE NEIGHBORS STATE, THAT'S NOT CONCLUSIVE.
YOU'RE GETTING MY POINT HERE NOW.
BUT UNFORTUNATELY THAT'S, UM, SEE, SO I'M, I'M NOT WELL-INFORMED, BUT I'M REASONABLY INFORMED.
WELL, AND I WOULD'VE TAKEN THAT AS A CONTROLLING STATEMENT.
[04:35:01]
STREET? WELL, BECAUSE IT SAYS STREET ADJACENT TO THE FRONT PROPERTY LINE.SO IF WE DEFINE WHAT A STREET IS, UH, WHICH IS WHAT WAS READ INTO THE RECORD DURING MY INITIAL STATEMENT, YES.
I HAVE TO GO BACK TO DEFINE STREET THE RIGHT OF WAY AND LANGUAGE.
SO I WILL POINT OUT FOR THE RECORD, THE FURTHER OUT WE START THE HEIGHT PLAIN DIAGRAM.
THE MORE RESTRICTIVE IT IS FOR HEIGHT.
SO IT ACTUALLY BENEFITS, UM, THE HOMEOWNERS ASSOCIATION OR THE NEIGHBORHOOD TO GO FURTHER OUT IF WE GO CLOSER TO THE PROPERTY, THE ACTUAL PAY.
OH, BECAUSE IT'S INSTEAD OF THIS, IT BECOMES THIS.
SO THE CLOSER YOU GET, THE CLOSER IN, IT'S MORE OF A PITCH.
THEN IT MOVES FARTHER OUT THIS WAY AND THEN IT MAKES IT MORE RESTRICTIVE.
SO IT ACTUALLY BENEFITS THE NEIGHBORHOOD.
MR. CORRAL, ARE YOU AWARE OF THAT? DID YOU SEE THE ANALOGY? THE JUDGE JUST GAVE, UH, SOMETHING ABOUT THE, OKAY, SO I'M NOT TRYING TO EDUCATE OR ANYTHING HERE.
WHAT, WHAT I WAS TRYING TO UNDERSTAND IS HOW DID THIS MISTAKE OCCUR AND HOW DO I, AND BASED ON THE INTERPRETATION, BECAUSE I HEARD EVERY ONE OF YOU TALK ABOUT THE RULES, THE CODE VIOLATIONS, THE CENTER OF THE STREET, UH, UH, AND WE, YOU KNOW, THE CITY SHOULD BE RESPONSIBLE FOR ITS MISTAKES.
AND I'M TRYING TO UNDERSTAND THE, THE, THE, THE INTERPRETATION OF THE PITCH.
THE, THE ORIGINAL INTERPRETATION OF THE PITCH WAS THE CENTER LINE OF THE STREET AND IT WAS REINTERPRETED.
AND THE, AND THE, THE CORRECT, THE REINTERPRETATION WAS THE CENTER LINE, WHAT'D YOU CALL IT? THE WHAT? RIGHT OF WAY.
THE RIGHT OF WAY, WHICH WAS IN THE MIDDLE OF THAT PARK OR THE GRASS AREA, WHICH MEANS THE ROOF LINE WOULD COME DOWN EVEN LOWER.
SO THE FURTHER OUT, THE MORE RESTRICTIVE IT IS ON THE HEIGHT, THE CLOSER YOU ARE TO THE PROPERTY, THE HIGHER.
SO IF WE ACTUALLY MEASURE FROM THE PAVED STREET, YES.
THIS HOUSE WILL BE FREE OF THE, UM, HEIGHT, PLAIN, FREE AND CLEAR.
EVERYTHING WOULD BE PERFECTLY FINE.
WHAT OTHER QUESTIONS DO WE HAVE MS. DAVIS? I THINK IT'S, GO AHEAD AND MAKE A QUESTION FOR SURE.
SO, UH, SO BASICALLY, UH, THE, THE CITY HIRED A THIRD PARTY AND THE THIRD PARTY CAME BACK AND SAID, WE'RE ALL GOOD.
AND THEN LATER ON FOUND OUT THAT THEY MISMEASURED THEY USED THE WRONG AREA TO, TO, UM, TO MEASURE.
I'M, I'M, I'M OVERSIMPLIFYING, BUT YOU HIRED A THIRD PARTY TO MAKE THE DETERMINATION ABOUT THE ALLOWED HEIGHT OF THIS PROPOSED HOME.
UH, WE, WE HAVE A CONTRACTED THIRD PARTY THAT'S RESPONSIBLE FOR SOME OF OUR PLAN REVIEWS, UH, SINCE STAFF WAS BEHIND ON PLAN REVIEW.
SO THIS PROPERTY THAT'S IN QUESTION WAS ASSIGNED TO THE THIRD PARTY.
SO THEY DID THE REVIEW AND RETURNED IT FOR STAFF TO ISSUE IT OUT TO THE APPLICANT.
SO WAS THE MISTAKE MADE BY THE THIRD PARTY OR WAS IT MADE BY THE CITY? BY THE THIRD PARTY? MA'AM, THEY DID THE REVIEW.
SO WHAT, WHAT HAVE WE DONE TO GO BACK TO THE THIRD PARTY AND SAY, BECAUSE OF YOU, THIS, THIS HOUSE MAY NEED TO BE RECONSTRUCTED.
THAT'S, UH, INTERNAL TRAINING OPPORTUNITY.
UM, AS FAR AS ANY
AND, YOU KNOW, WE'RE TAXPAYERS PAYING FOR THIS.
I, I THINK THAT IS A GREAT CONVERSATION, UH, TO HAVE WITH THE BUILDING OFFICIAL.
UH, BUT I, IF HE'S NOT LISTENING NOW,
UH, BUT I I WILL SAY, UM, IF I MAY FOR THE RECORD, UM, THE, THE HIGH PLAIN ITSELF, UM, THE MECHANICAL ROOM THAT IS ACTUALLY ALLOWED BY CODE TO EXCEED PAST THE HEIGHT PLAIN DIAGRAM, EVEN WITHIN AN NSO.
CORRECT, SIR? UH, PER, ALRIGHT, THE, THEN YOUR NEIGHBORS NEED TO HEAR THIS BECAUSE THIS IS NEW.
BECAUSE THIS IS NEW NEWS TO US TOO.
I WILL, UH, REFER TO THE SAME SECTION OF THE CODE THAT WE JUST SPOKE OF.
51, A 4.507, UH, NUMBER FOUR WHERE IT EXPLAINS HIGH PLAIN.
UH, WE READ THE FIRST HALF, BUT THE SECOND HALF SAYS EXTENDING TO THE INTERSECTION OF A VERTICAL PLANE FROM THE FRONT BUILDING LINE WITH THE MAXIMUM HEIGHT ESTABLISHED AND THE NEIGHBORHOOD STABILIZATION OVERLAY AND CONTINUING AT THE SAME ANGLE TO THE MAXIMUM HEIGHT OF THE UNDERLINING ZONING.
WHAT DOES THAT MEAN? SO IT MEANS ONCE YOU MEET THE, THE HEIGHT PLAIN AT THE, UH, NSOS 27 FEET, IN THIS CASE AT THE FRONT BUILD LINE, YOU MAY PROCEED HIGHER THAN THAT 27 FEET TO THE UNDERLYING ZONING, WHICH IS 30 FEET IN THIS PARTICULAR AREA.
IT'S JUST WHERE YOU INTERSECT AT THE FIRST POINT.
IS WHAT'S THE CONTROLLING FACTOR FOR THE 27 FEET? YES SIR.
NOW IF WE REFER FROM HOLD, HOLD ON ONE SECOND.
DOES EVERYONE HEAR THAT? SAY THAT AGAIN.
[04:40:01]
IT, IT'S THE INTERSECTION WHERE IT INTER IT AT THE BEGINNING, THE FRONT OF THE HOUSE, AT THE FRONT OF THE HEIGHT.SO IF THE FRONT OF THE HEIGHT YES, CHIEF DON, IF YOU STILL HAVE THAT DIAGRAM THAT I EXPLAINED, WE'RE LOOKING AT THIS LITTLE PICTURE, RIGHT? SURE.
SO FROM THAT PICTURE, IF YOU NOTICE FOR THAT NSO, ONCE YOU MEET THE FRONT BUILD LINE, THAT IS WHERE YOUR 27 FEET IS MEASURED.
ONCE YOU MEET THAT REQUIREMENT, THE HEIGHT PLAN CONTINUES AND ACTUALLY GETS HIGHER TO INFINITY.
AT THAT POINT, YOU HAVE TO MEET, YOU ARE CONFINED BY THE MAXIMUM HEIGHT OF THE UNDERLINING FELONY.
THIS IS THE PICTURE'S, THE, WE PUT IT UP, THANK YOU.
NOW, PER THE CODE HERE, IF WE DISCUSS THE MAXIMUM HEIGHT, THERE ARE ITEMS THAT ARE ALLOWED TO EXCEED PAST THE MAXIMUM HEIGHT PER THE NSO.
SO IF I READ IT FOR THE RECORD, 51, A 4.507 NUMBER FIVE C, IT READS AS FOLLOWS.
IF THE DISTRICT REGULATES HEIGHT, SINGLE FAMILY STRUCTURES MAY NOT BE BUILT TO HEIGHTS THAT EXCEED THE HEIGHT PLAIN EXCEPT STRUCTURES LISTED IN SECTION 51 A 4.408 A TWO.
HEIGHT IS MEASURED FROM THE GRADE TO THE MIDPOINT BETWEEN THE LOWEST EVE AND THE HIGHEST RIDGE OF THE STRUCTURE.
NOW IF I GO TO THAT PARTICULAR SECTION, WHICH IS 51 A 4.408 A TWO, IT EXPLAINS WHAT'S ALLOWED TO PROJECT BEING.
ONE IS THE ELEVATOR PEN PENTHOUSE.
SO THAT IS ALLOWED TO PROJECT AND I WILL READ IT FOR THE RECORD.
AND IT'S 51, A 4.408 AND THAT IS A TWO.
IT READS IN A DISTRICT IN WHICH APPLICABLE TO ALL NSOS OR THIS ONE IN PARTICULAR? WELL, IT ALL NSOS, BUT EACH NSO HAVE DIFFERENT RESTRICTIONS.
FOR EXAMPLE, THERE ARE SOME NSOS THAT DOES NOT HAVE A HEIGHT RESTRICTION, BUT THE CODE STILL DOES APPLY FOR REFERS BACK.
SO, UM, IT READS IN A DISTRICT IN WHICH BUILDING HEIGHT IS LIMITED TO 36 FEET OR LESS, THE FOLLOWING STRUCTURES MAY PROJECT A MAXIMUM OF 12 FEET ABOVE THE MAXIMUM HEIGHT STRUCTURE, EXCUSE ME, STRUCTURE, HEIGHT SPECIFIED AND DISTRICT REGULATIONS.
THEN WHY IS THE, THEN, WHY WOULDN'T THIS BE 27 PLUS 12? SO IT WOULD BE 27 IS REGULATED BY THE, BY THE NSO.
SO ONCE YOU RE PLUS THE 12, YOU SAID YOU COULD DO ABOVE IT.
SO THAT'S FOR THE, ONCE YOU PASS THAT 12 FOOT, WHICH IS RESTRICTED BY THE NSO, SO THAT 12 FEET FOR THE HEIGHT LANE, SO KEEP FOR THE EQUIPMENT AND THE ELEVATOR.
SO THAT GOES PAST, ONCE YOU GET PAST YOUR 27 FEET AT YOUR FRONT BILL LINE, WHICH IS REGULATED BY THE NSO, IT CAN GO UP TO 12 MORE FEET.
CUZ NOW YOU'RE TALKING ABOUT YOUR UNDERLINE ZONING, WHICH IS 30 FEET.
SO AT THAT POINT, SOME STRUCTURES, WHICH PER CODE IS ALLOWED TO PROJECT UP TO 12 FEET, ONE BEING AN ELEVATOR, PARAPET WALL, ET CETERA.
THAT'S WHY I'M SAYING IF, IF THE, IF, IF THE APPLICANT MEETS 27 FEET, YOU'RE SAYING THE CODE ALLOWS THEM TO GO 12 FEET MORE UP FOR THE ELEVATOR.
AND THAT'S WHAT THEY'RE SAYING.
THAT PROTRUSION IS CORRECT, BUT THE, THE ISSUE ISN'T THE ELEVATOR.
THE ISSUE IS ONCE YOU PASS YOUR 27 FEET, THAT'S ALLOWED AND YOUR HEIGHT PLANE PROJECTS, THAT HEIGHT PLANE NOW IS WHAT A STRUCTURE IS NOW BEING, UH, EN ENCROACHING INTO THE ACTUAL NSO HEIGHT PLANE.
SO IT IS, IT IS NOT THE ACTUAL ELEVATOR THAT'S THE CONCERN.
THE CONCERN IS A PORTION OF THE PROPERTY THAT'S APPROACHED.
BUT THE A BUT THE APPLICANT TOLD US IT WAS ELEVATOR EQUIPMENT UP THERE.
THAT IS NOW WHEN THEY HAD THE ADDITIONAL, UH, COVERED PATIO AND THE ADDITIONAL ITEMS THAT WAS REMOVED.
IS ALLOWED TO PROJECT PAST THE MAXIMUM HEIGHT.
THE ISSUE IS, SO IT LOOKS AS IF EVERYTHING, I DON'T KNOW IF I CAN INTRODUCE THIS.
IS THIS YEAH, YOU CAN BRING IT OVER HERE.
I'LL COME JUST AS LONG AS IT'S ALL ON THE PUBLIC RECORD.
SO FOR THE RECORD, I'M LOOKING AT THE APPLICANT'S SUBMITTAL AND HE TALKED ABOUT THE NOTICE ISSUE.
WE'RE GONNA COME CROSS THAT BRIDGE IN A MINUTE.
AND THEN HE GAVE ME A HEIGHT PINE DIAGRAM AND SAID THIS TOP PORTION IS PART OF THE ELEVATOR EQUIPMENT.
SO I'M SAYING I'M, I'M MISSING IT.
SO THIS IS, IF WE TOOK THE ILLUSTRATION THAT YOU'RE REVIEWING, IF WE TOOK THIS ILLUSTRATION FROM THE ACTUAL PAVED STREET THAT THE, IS THIS THE, IS THIS THE ME THE CITY RIGHT OF WAY THING? SEE THE RIGHT OF WAY IS HERE.
IT ACTUALLY FURTHER, IS THAT HERE? YES.
[04:45:01]
NO.THAT'S STREET THAT'S RIGHT OF AWAY.
SO THIS, THIS ACTUALLY PROVES MY POINT.
IF WE MEASURE CLOSER FROM THE PAVED STREET, THEY'RE OUT OF THE HEIGHT PLAIN OUT OF IT.
THE SUBJECT OF OUR REQUEST IS THIS YELLOW TRIANGLE.
SO WE'RE TALKING GIVE OR TAKE FIVE FEET.
WELL THAT WAS THE WHOLE QUESTION OF 32 5 FEET, 27 SAT.
THIS GOES TO THE POSTING ISSUE THAT WE'RE GONNA ADDRESS IN A MOMENT.
SO YOU SEE HOW FURTHER OUT THIS GOES, THE FURTHER OUT THIS GOES, THE MORE RESTRICTIVE IT'S, SO IT'S YOUR PROFESSIONAL OPINION.
IT'S YOUR PROFESSIONAL OPINION THAT THE DIFFERENCE REALLY HERE IS FIVE FEET OR TWO FEET? I WOULD SAY FIVE BECAUSE IF YOU SEE HERE WE HAVE A SAFETY WALL.
NOW THIS IS THE MATTER OF VERBIAGE, BUT WE HAVE A SAFETY WALL.
SINCE THE HEIGHT HASN'T CHANGED, IT'S STILL 32 FEET.
THAT'S WHY I'M SAYING WITH B FIVE, IT'S SUPPOSED BE DEPENDING ON WHICH STANDARD YOU'RE USING BECAUSE ONE IS THE NSO, WHICH IS FIVE.
CAUSE THAT'S A 27 FOOT YES, MAX HEIGHT.
AND THE R FIVE A HAS A 30 FOOT MAX CAP HEIGHT.
SO IT'S A TWO FOOT VARIANCE, BUT THE BUILDING IS STILL IN THE SAME HEIGHT.
WHAT NEEDS TO HAPPEN FOR, FOR THIS BUILDING TO BE WITHIN CODE? THEY NEED TO CHOP OFF THAT LITTLE TRIANGLE.
IT'S NOT QUITE THAT SIMPLE FROM A DEVELOPMENT STANDPOINT.
WELL, I'M, I'M, WELL, I'M NOT TRYING TO GET INTO ARCHITECTURE OR ANYTHING, BUT I'M TRYING TO LIKE, WHAT WOULD MAKE THIS COMPLIANT? WHAT HAS TO DISAPPEAR IN ORDER FOR THIS TO BE COMPLIANT? AND WE WOULDN'T HAVE TO DO ANYTHING WITH US.
SO IT'S NOT THE ELEVATOR PART.
IT'S THAT FRONT, IT'S THE STRUCTURE.
IT'S THE FRONT OF THE STRUCTURE THAT WOULD HAVE TO BE LOWERED.
BUT THAT, THAT, AND I KNOW YOU SAID YOU WANT TO GET INTO DEVELOPMENT OR ARCHITECTURE, BUT THAT COULD AFFECT THE, THE STRUCTURE ITSELF BY REMOVING, SO MY, MY QUESTION AGAIN, IS IT FIVE FEET OR IS IT TWO FEET? WHAT, WHAT IS, WHAT'S THE DELTA HERE? WHAT'S THE, WHAT'S, WHAT'S THE CORRECTED BY RIGHT.
VERSUS WHAT IS, IF THIS IS THE NEW MEASUREMENT MM-HMM.
SEE, WHAT I'M TRYING TO GET AT IS I'M TRYING TO GET AT THE RELATIVITY OF THE, OF THE ENCROACHMENT.
IS IT TWO FEET OR IS IT FIVE FEET? THAT'S WHAT I'M TRYING TO GET TO.
IS IT TWO FEET? ANYONE WHO SPEAKS NEEDS TO DO IT IN THE MICROPHONE.
SO WE'RE CLEARLY ON THE RECORD.
IS IT BETTER IF I GO BACK THIS WAY? YOU CAN GO BACK OVER THERE.
SO, UH, GUYS, I I'M TRYING TO GET A FACTOR OF, OF THE RELATIVELY OF, OF WHAT WE'RE LOOKING AT HERE.
THE WHAT'S PRESENTED TO US IN THE STAFF WRITEUP SAYS A TWO FEET VARIANCE.
BUT THE QUESTION IS, DOES THAT APPLY TO THE NSO OR THE UNDERLYING ZONING? SO, ALL RIGHT.
I THINK THEY'RE STILL CALCULATING OVER THERE.
THIS ALL BEING SAID, MR. SAPP, THIS MAY BE YOUR TIME TO SPEAK YOUR PIECE, SIR, THAT DOESN'T NECESSARILY MEAN WE AGREE.
BUT DID YOU, DID YOU WANNA MAKE A COMMENT AGAIN OR DOES YOUR PREVIOUS COMMENT JUST STAND? WELL, I'LL, I'LL SAY THAT YOU KNOW, CHAIRMAN KINGSTON DID A GREAT JOB ADVOCATING FOR HIS CLIENT AS, UH, COUNCILMAN KINGSTON.
UH, I AGREE WITH HIM THAT THERE IS NO NOTICE ISSUES WITH THE, UH, TEXAS OPEN MEETINGS ACT.
SO THAT'S WHAT WE COMMONLY REFER TO AS TOMA.
HOWEVER, THE CITY ATTORNEY'S OFFICE ADDITIONALLY IS CONCERNED WITH SECTION 51 A OF THE CITY CODE.
AND SO CONSEQUENTLY WE URGE YOU GUYS TO, UH, DO WHAT WE THINK IS THE BEST THING AT THIS POINT, WHICH IS TO HOLD OVER AND RE-NOTICE.
HOW WOULD THE NOTICE BE DIFFERENT? SO AS INDICATED WITH THE DISCREPANCY WHERE WE HAVE A TWO FOOT VARIANCE, AND ALSO WE SHOULD ALSO HAVE A FIVE FOOT VARIANTS ALSO INDICATED.
AND SO THE TWO FOOT VARIANTS, BUT I THOUGHT IT'S ALWAYS A FUNCTION OF IF YOU NOTICE THE GREATER AND YOU, WE APPROVE SOMETHING SMALLER, IT'S OKAY.
AMERITUS USED TO ALWAYS TELL US THAT'S YOU DANIEL USED TO TELL US, AS LONG AS THE NOTICE WAS FOR GREATER THAN THE PORTION THAT THE BOARD WOULD APPROVE YOU, YOU DON'T HAVE A VIOLATION.
AND NOTICE ISN'T THAT TRUE, MR. UH, EMERITUS? RIGHT.
SO THEY, THEY NOTICE TWO FEET AND WE NEED TO NOTICE FIVE.
IF WE NOTICE FOR A SMALLER AMOUNT, WE CAN'T GRANT A LARGER AMOUNT.
IS THAT TRUE, MR. EMERITUS? I'M NOT UNDERCUTTING MY
[04:50:01]
BOARD BOARD ATTORNEY.UH, BECAUSE FIVE FEET IS GREATER THAN TWO FEET AND WE NOTICED FOR TWO FEET AND THEY, BUT IF IT WAS THE OTHER WAY AROUND, WE COULD BE FINE.
IF IT WAS, IF WE HAD NOTICED FOR FIVE FEET AND THEY WERE REQUESTING A VARIANCE OF TWO FEET, THERE WOULD BE NO ISSUE.
WE HEAR YOUR OBSERVATION AND YOUR RECOMMENDATION.
ALRIGHT, SO PANEL MEMBERS, I PROMISE YOU, I DID NOT TRY TO WASTE YOUR TIME AS YOUR FEARLESS LEADER.
I, I CONDUCT, I WANTED TO CONDUCT THE HEARING AND HEAR ALL THE TESTIMONY BECAUSE EVERYONE HAD BEEN CUD UP TO COME TODAY, WHETHER IT BE ONLINE OR IN PERSON.
AND IT'S ONLY FAIR TO LET YOU SPEAK.
I ABHOR HOLDOVERS, I ABHOR HOLDOVERS BECAUSE THEN PEOPLE FEEL LIKE THEY WASTED THEIR TIME.
I PROMISE YOU, NO ONE'S WASTED THEIR TIME.
UM, IT'S MY RECOMMENDATION TO THE PANEL THAT WE HOLD THIS CASE OVER IN ORDER TO CURE THE PERCEIVED NOTIFICATION ERROR IN THIS POSTING.
THEREFORE, IN THE MATTER OF MR. CHAIR.
WOULD YOU WANNA HEAR FROM THE LAWYER TODAY? OH, OH, YOU KNOW, I DID SAY I WOULD BE, I I WOULD, I I DID MR. KINGSTON.
SO I WILL ALLOW FOR A MOMENT'S DISCUSSION BEFORE I MAKE A MOTION.
UM, NO, I'M NOT WORRIED ABOUT THE HOUR.
I WANNA, WE WANNA DO THINGS RIGHT AND FAIRLY, AND PART OF THAT IS MAKING SURE WE PROVIDE THE PUBLIC WITH THE PROPER NOTIFICATION.
SO YOU'VE HEARD A RECOMMENDATION ON THE, ON THE PART OF OUR BOARD OF ATTORNEY.
UM, WOULD YOU LIKE TO BRIEFLY RESPOND? JUST BRIEFLY TURN THAT MICROPHONE ON, PLEASE.
THE APPLICANTS HAD NOT ASKED FOR A TWO FOOT VARIANCE THAT COMES FROM STAPH.
WHAT THE APPLICANTS HAVE ASKED FOR IS 32 FEET OF HEIGHT.
32 FEET OF HEIGHT IS GONNA BE THE SAME NO MATTER WHETHER YOU'RE MEASURING FROM THE NSO HEIGHT OR FROM THE UNDERLYING R FIVE A HEIGHT.
SO THE NOTICE IS ACTUALLY NOT GOING TO CHANGE.
WHAT THE ATTORNEY IS REFERRING TO IS THE BACKUP DESCRIPTION OF THE I THAT IS NOT THE LEGAL NOTICE.
DOES THAT CONCLUDE YOUR, YOUR, UH, UH, YOUR JD YOUR, YOUR, YOUR ATTORNEY DEBATE? OF COURSE.
UM, MR. SAPP, YOU'RE OUR BOARD ATTORNEY.
AND SO YOU, YOU ARE IN A POSITION OF GIVING US ADVICE NOT DIRECTION.
SO I'LL LEAVE THE BOARD TO DECIDE.
DID YOU WANNA RESPOND BRIEFLY OR IS THAT EMERITUS OVER THERE? I HEAR ON MY SHOULDER THE CITY ATTORNEY'S OFFICE POSITION STILL STAYS THE SAME.
ALRIGHT, SO IT'S UP TO US HOW WE WANNA HANDLE IT, BUT IN ORDER TO HAVE A PROPER DISCUSSION, I NEED TO PUT A MOTION ON THE FLOOR.
UM, THE CHAIRMAN MOVES IN THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 20 2377 HOLD THIS MATTER UNDER ADVISEMENT UNTIL AUGUST 15TH, 2023.
UH, IT'S BEEN MOVED BY THE CHAIRMAN.
IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECONDED BY MS. HAYDEN DISCUSSION OUT OF THE ABUNDANCE OF CAUTION.
AND I, I THINK THAT, UH, WE NEED TO DO THAT ONE.
NUMBER TWO, I'M NOT CONVINCED ONE WAY OR THE OTHER YET, QUITE HONESTLY, I REALLY NOT, I'M NOT, I STILL AM CONFUSED ABOUT TWO FEET VERSUS FIVE FEET ONE.
UM, I DON'T THINK THAT THE APPLICANT'S MADE THEIR CASE YET, IN MY OPINION.
UM, UNFORTUNATELY, AND WE'RE HAVING A DEBATE AMONGST OURSELVES NOW.
SO THE PUBLIC HEARING'S CLOSED.
ALL THE WONDERFUL THINGS THAT THE PROPERTY OWNERS AND CITIZENS CAME AND SPOKE ABOUT, I'M SORRY, ARE NOT DIRECTLY RELATIVE TO OUR DECISION TODAY.
THE GENTRIFICATION THAT'S OCCURRED THROUGHOUT OUR CITY AND THROUGH OCCURRED THROUGHOUT URBAN CITIES IN AMERICA ARE A PROBLEM.
BUT FOR THE WHAT'S IN OUR LINE OF SIGHT AND OUR, AND IF YOU WERE HERE LISTENING EARLIER TODAY, WE TRY TO CHANNEL OUR DECISION MAKING.
OUR DECISION MAKING IS WHETHER OR NOT WE ARE TO ALLOW FOR A VARIANCE AND UNDER CERTAIN PRESCRIBED, UH, INTEREST, NOT CARTER, CONTRARY TO PUBLIC INTEREST, A PARCEL OF LAND THAT'S DIFFERENT IN SHAPE AREA OR SLOPE.
NOT CREATED REALLY SELF, SELF-CREATED HARDSHIP WITH AN OUT CLAUSE OF THIS 50% OF CAUSE.
NOW WE CAN GET INTO A DEBATE ABOUT THAT TOO.
SO THAT IS OUR LANE, UNFORTUNATELY, AS PASSIONATE AND AS MUCH AS I LISTEN TO EVERYTHING YOU SAID AND SO FORTH, I HAVE TO LISTEN TO THAT.
WE HAVE TO LISTEN TO THAT AND KIND OF HOLD THAT ASIDE BECAUSE WE, WE ARE, WE ARE CON WE HAVE TO STAY IN OUR LANE OF OUR DECISION MAKING.
YOU'LL HEAR US REPEAT THESE CRITERIA OVER AND OVER.
IT'S BECAUSE WE'RE TRYING TO TELL OURSELVES AS MUCH AS WE MAY FEEL HERE, WHAT IS OUR
[04:55:01]
CRITERIA? WHAT'S CUMBERSOME TODAY IN THIS PERSON'S MIND IS, I STILL DON'T, I STILL SEE A DEBATE AT TWO FEET, FIVE FEET.OUR EMERITUS BOARD ATTORNEY SAYS, IT'S REALLY FIVE.
WE NOTICED FOR TWO, IT BEGS THE QUESTION, DID WE FAIRLY NOTICE? THAT'S ONE.
UM, I I'VE, THERE'S SIGNIFICANT OPPOSITION OF WHICH I WANT THE PANEL TO KNOW WAS TURNED IN ON TIME.
THE GENTLEMAN, MR. GALE SAID HE TURNED IT IN, IN TIME.
NOW I DISAGREE WITH THIS ONE O'CLOCK THE DAY BEFORE THING, AND I'VE ALREADY ASKED THE BOARD SECRETARY TO ALWAYS GIVE US INFORMATION UP TO NINE O'CLOCK OF THE BOARD HEARING CUZ WE WANT INFORMATION, BUT THEY DID IT ON TIME.
ON THE OTHER HAND, UM, THIS WAS AN HONEST, I THINK, I DON'T WANNA CALL IT AN HONEST ERROR.
AND GOSH ALMIGHTY, I HATE TO, TO PENALIZE A PROPERTY OWNER WHO WAS TRYING TO FOLLOW THE RULES AND HAD STOPPED WHEN THEY WERE TOLD TO STOP.
SO I COULDN'T VOTE EITHER WAY TODAY, QUITE HONESTLY.
SO THAT'S WHY I'M SAYING HOLD IT OVER.
MS. HAYDEN, YOU SECONDED THE MOTION SO YOU GET TO SPEAK NEXT.
UM, I I THINK IT IS A COMPLICATED ISSUE.
I KNOW, UM, COUNCILMAN KINGSTON SAID IT WAS SIMPLE, BUT I WOULD, I WOULD, UH, RESPECTFULLY DISAGREE WITH THAT AND SAY THAT THIS IS A LOT MORE COMPLICATED THAN IT APPEARS ON THE SURFACE.
AND I NEED MORE INFORMATION BEFORE I CAN MAKE A DECISION.
OTHER COMMENTS ON THE MOTION? AND I PROMISE YOU GUYS, I DO NOT LIKE HOLDOVERS.
AS SOON AS WE MAKE A MOTION, OUR RULES OF PROCEDURE CLOSES THE PUBLIC HEARING, YOU HAVE THE OPPORTUNITY TO SPEAK.
THIS IS NOW A PUBLIC DEBATE AMONGST THE PANEL.
SO MS. DAVIS, I'M NOT IN FAVOR OF HOLDING IT OVER.
UM, I I DON'T KNOW THAT I COULD BE PERSUADED TO HOLD IT OVER.
I DON'T THINK IT'S IN THE BEST INTEREST OF EITHER THE CLIENT OR THE COMMUNITY AND THE, UM, I MEAN, THE DISCUSSION POINT TO YOUR POINT, IT'S NOT ABOUT GENTRIFICATION, IT'S ABOUT THE HEIGHT AND THE, THE HOUSE IS TOO HIGH, IT'S TOO TALL, SO I DON'T THINK WE NEED TO HOLD IT OVER.
MR. HALCOMB, ONE OF YOU TWO ARE UP NEXT.
UH, UH, MR. NERI? THANK YOU, MR. CHAIRMAN.
NOT, PERHAPS NOT DIRECTLY TO THE MOTION, BUT MY, MY REAL POINT OF CONTENTION AND FRUSTRATION IN THIS IS THE FACT THAT THIS PERMIT WAS ISSUED IN ERROR IN THE FIRST PLACE.
THAT, THAT THIS KIND OF MISTAKE SHOULD NEVER HAPPEN.
IT'S NOT FAIR TO THE CITIZENS OF DALLAS.
UM, IF WE'RE GOING TO USE A THIRD PARTY VENDOR, THEY NEED TO BE BETTER TRAINED FROM THE GET GO.
AND, UM, I'M, I'M TORN BECAUSE I, I'M EXPERIENCING IN MY NEIGHBORHOOD THE SIMILAR SITUATION TO LA BAHAA.
AND LIKE YOU SAID, MR. CHAIRMAN, THIS, THIS NEW DEVELOPMENT'S OCCURRING ALL OVER THE CITY AND ALL OVER THE COUNTRY.
SO, YOU KNOW, I I'M, I'M LOOKING AT THE PUBLIC INTEREST HERE IN THIS CASE, I, I TOO AM VERY TORN.
I, I FEEL FOR THE APPLICANT, I FEEL FOR THE NEIGHBORHOOD.
UH, SO, UH, I, I'LL BE I'LL, I'LL BE SUPPORTING THE MOTION TO, UM, HOLD IT OVER, BUT, UM, HOPEFULLY WE CAN GET TO A RESOLUTION PRETTY QUICK.
YEAH, IT'S, UH, IT'S, IT'S DIFFICULT.
THERE'S A LOT OF EMOTIONS INVOLVED.
THERE'S A, A, A, A LOT OF THINGS GOING ON AND ULTIMATELY, YOU KNOW, WE HAVE EXCEPTIONS AND VARIANCES FOR SPECIFIC SITUATIONS, YOU KNOW, AND I THINK THAT MAYBE THERE'S A CASE TO BE MADE THERE, BUT AT THE SAME TIME IT'S, IT'S BETTER TO BE CAREFUL WITH THE NOTICE.
IT'S BETTER TO BE CAREFUL WITH, WITH HOW WE DO THIS SO THAT WHEN WE DO IT, WE DO IT RIGHT IN THE END.
AND THERE'S ALREADY BEEN ONE MISTAKE.
SO I'LL BE IN SUPPORT OF THE MOTION.
UM, BEFORE, WELL, I DON'T WANNA BE REDUNDANT.
I, I, I WANNA MAKE SURE I'M VERY CLEAR.
I'M NOT CONVINCED TO APPROVE THIS.
SO, AND YOU NEED, THE APPLICANT NEEDS FOUR VOTES AND IT WILL BE THIS SAME FAN PANEL IF THE, WE POSTPONE IT TO AUGUST 15TH.
SAME PLACE, SAME BAT, BAT, CHANNEL, SAME BAD TIME HERE.
UM, BUT I, THE APPLICANT HASN'T MADE HIS CASE YET.
QUITE HONESTLY, I'M CONFUSED ON THE STAFF TOO.
SO THE STAFF HASN'T MADE THEIR CASE EITHER YET.
AND, UH, BECAUSE TWO FIVE IS IT THIS, AND I, I WILL PROBABLY HAVE TO GET REEDUCATED ON WHAT
[05:00:01]
THE NSO AS IT APPLIES TO THIS SPECIFIC NEIGHBORHOOD AND FOLLOW THE DEFINITIONS BECAUSE IT'S CRAZY THAT IT, THAT IT SAYS IT HERE, BUT YOU HAVE TO GO SOMEPLACE ELSE.SO I CAN SEE, YOU KNOW, AND, AND I ABSOLUTELY AGREE WITH MR. NERI, THAT THESE TYPE OF MISTAKES ARE MORE COSTLY THAN JUST THE DOLLARS AND THE TIME THEY CREATE AN EROSION OF PUBLIC TRUST IN OUR CITY.
AND IF MR UH, WELL I SHOULDN'T, I WON'T CALL OUT.
YEAH, I MEAN PART OF WHAT I'VE ADVOCATED FOR THIS BOARD OF ADJUSTMENT WITH THE EXECUTIVE STAFF OF THE CITY IS WE GOTTA DO BETTER.
TOO MANY MISTAKES ARE BEING MADE AND IMPACTS A PROPERTY OWNER AND A NEIGHBORHOOD YOU GOT, WE GOTTA DO BETTER THAN THIS.
THAT'S WHY I'M APPALLED ON THE PREVIOUS CASE THAT HOW COULD WE HAVE APPROVED SOMETHING IN THE PUBLIC RIGHT OF WAY, SEPARATE ISSUE.
WE'LL DEAL WITH THAT BETWEEN NOW AND THEN.
SO I APOLOGIZE FOR EDITORIALIZING.
I'M, I I THINK WE ALL HAVE ANGST HERE.
I APPRECIATE MS. DAVIS, YOUR OPINION THAT UM, BUT I DON'T THINK YOU'D HAVE FOUR VOTES TODAY.
BUT I MEAN THAT'S THE BEAUTY AND THE CURSE OF THIS RULES.
SO, UH, ANY OTHER DISCUSSION ON THE MOTION, UH, BEFORE WE PASS THE MOTION? I, I, I'M GONNA REITERATE TO MS. DUNN, OUR BOARD ADMINISTRATOR, UH, THE STAFF NEEDS TO BE WELL PREPARED TO REEDUCATE US AND REINFOR US ON THESE ISSUES THAT CAME UP TODAY FOR THAT HEARING IN AUGUST SO THAT WE HAVE A BETTER UNDERSTANDING OF IT ON THE FRONT END.
UM, UM, BECAUSE I THINK I WILL KEEP MY NOTES FROM WHAT IS, CUZ WE'RE JUST CONTINUING THE HEARING.
I'D RECOMMEND THAT TO BOARD MEMBERS AS WELL.
UM, SO ALL RIGHT, THE, UH, HEARING NO OTHER DISCUSSION, THE BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION PASSES FOR FOUR TO ONE IN THE MANNER OF 2 23 B D A 2 2377.
THE BOARD OF ADJUSTMENT HOLDS THIS ITEM UNDER ADVISEMENT OF ON A VOTE, VOTE OF FOUR TO ONE.
WE WILL RETURN BACK TO THIS CHAMBER AND THIS WILL BE ON THE AGENDA.
UH, WE WILL KEEP THE INFORMATION AS IT RELATES TO THE FEEDBACK THAT HAS COME, AND I PROMISE YOU WE WILL HAVE NOT FORGOTTEN THAT.
UM, AND WE WILL DO OUR BEST TO, TO COME TO A CONCLUSION IN AUGUST.
UH, THAT IS THE LAST ITEM ON OUR, OUR AGENDA FOR TODAY.
UM, OUR NEXT HEARING, OUR NEXT BRIEFING AND HEARING IS ON TUESDAY, AUGUST 15TH AT 10:30 AM UM, SO, UH, WE WE'RE GONNA HAVE 1, 2, 3 HOLDOVERS AND I BELIEVE FIVE OTHER CASES.
UH, SO IT'S GOING TO BE A FULL DAY.
SO BE PREPARED AND I'M ASSUMING THE STAFF WILL CONSIST IT WITH THE CITY ATTORNEY'S OFFICE PROPERLY POST THIS ONE.
SO WE DON'T HAVE THAT RIPPLE AGAIN, MS. WHATEVER THEY'RE WANTING.
THAT BEING SAID, UH, THE BOARD OF ADJUSTMENT PANEL A IS ADJOURNED AT 6:04 PM ON TUESDAY, AUGUST, EXCUSE ME, TUESDAY, JULY 18TH.