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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,
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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