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[Board of Adjustments: Panel A on August 15, 2023]
AFTERNOON.UM, MY NAME IS DAVE NEWMAN AND I'M HONORED TO SERVE AS CHAIRMAN OF THE BOARD OF ADJUSTMENT FOR THE CITY OF DALLAS.
AND I'M ALSO THE PRESIDING OFFICER OF PANEL A.
TODAY IS TUESDAY, AUGUST 15TH, 2023.
IT'S 1:00 PM AND THE BOARD OF ADJUSTMENT PANEL, A HEARING, PUBLIC HEARING IS HEREBY CALLED TO ORDER.
I'D LIKE TO WELCOME YOU TO THE BOARD OF ADJUSTMENT PUBLIC HEARING.
BEFORE WE BEGIN, I WOULD LIKE TO MAKE A FEW COMMENTS ABOUT THE BOARD OF ADJUSTMENT AND THE MANNER IN WHICH WE, THE HEARING, THE PUBLIC HEARING TODAY WILL BE CONDUCTED.
MEMBERS OF THE BOARD OF ADJUSTMENT ARE APPOINTED BY THE CITY COUNCIL.
WE GIVE OUR TIME FREELY AND RECEIVE NO FINANCIAL COMPENSATION FOR THAT TIME.
WE SERVE COFFEE IN THE MORNING AND ICED TEA AND ADJACENTS DELI FOR LUNCH AND, AND WE'RE HONORED TO SERVE NO ACTION OR DECISION ON A CASE SETS A PRECEDENT.
EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL USE.
WE'VE BEEN FULLY BRIEFED BY OUR STAFF THAT OCCURRED FROM 10 30 THIS MORNING TO 1230, UH, THIS AFTERNOON.
UH, AND HAVE ALSO REVIEWED A DETAILED JO DOCKET, WHICH IS AVAILABLE ON OUR BOARD OF ADJUSTMENTS, CITY OF DALLAS WEBSITE, SEVEN DAYS PRIOR TO ALL HEARINGS, WHICH EXPLAINS THE POINTS OF EACH CASE.
ANY EVIDENCE THAT YOU HAVE TO, THAT YOU WISH TO SUBMIT TO THE BOARD OF ADJUSTMENT FOR OUR EIGHT CASES TODAY, UH, NEED TO BE SUBMITTED TO OUR BOARD.
SECRETARY, MS. MARY WILLIAMS IS OUR BOARD SECRETARY.
SHE'S STANDING OVER HERE TO THE, TO THE LEFT IF YOU'D LIKE TO SPEAK, UH, FOR PUBLIC TESTIMONY OR FOR A CASE THAT'S PENDING, YOU NEED TO FILL OUT A BLUE SHEET OF PAPER, UM, THE BLUE SHEET OF PAPERS ON THIS BOARD, UM, THIS TABLE HERE, AND TURN THAT BLUE SHEET OF PAPER INTO MS. MARY WILLIAMS, OUR BOARD SECRETARY, BECAUSE SHE WILL BE MANAGING THE, THE, THE CALL OF SPEAKERS.
ANY EVIDENCE SUBMITTED FOR THE BOARD'S CONSIDERATION NEEDS TO BE COORDINATED THROUGH OUR BOARD SECRETARY, MS. MARY WILLIAMS. SHE WILL KEEP THAT AS PART OF THE PUBLIC RECORD.
ACTIONS FROM OUR BOARD ADMINISTRATOR WILL BE MAILED TO THE APPLICANT SHORTLY AFTER TODAY'S HEARING AND WILL BE PART OF THE PUBLIC RECORD.
LASTLY, ALL, AS I SAID BEFORE, ALL INDIVIDUALS THAT WANTING TO SPEAK TODAY WILL BE REQUIRED TO REGISTER WITH OUR BOARD SECRETARY BEFORE ADDRESSING THE BOARD, EACH SPEAK ACCORDING TO OUR RULES OR PROCEDURE.
EACH PUBLIC TESTIMONY SPEAKER WILL BE GIVEN THREE MINUTES TO ADDRESS THE BOARD.
UM, EACH APPLICANT SPEAKER WILL BE ALLOWED FOR A CASE, WILL BE ALLOWED UP TO FIVE MINUTES FOR THEIR PRO AND CON ON A PARTICULAR CASE.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
PLEASE ALLOW ME TO INTRODUCE, UM, THE BOARD MEMBERS THAT ARE HERE TODAY.
AGAIN, MY NAME IS DAVE NEWMAN AND I SERVE AS CHAIRMAN OF THE FULL BOARD OF ADJUSTMENT AND PRESIDING OFFICER OF THIS PANEL.
PANEL A TO MY IMMEDIATE LEFT IS KATHLEEN DAVIS, RACHEL HAYDEN, JANE NER, AND LAWRENCE HOLCOMB.
WE ARE EACH APPOINTED AND APPROVED BY THE CITY COUNCIL.
TO MY IMMEDIATE RIGHT IS OUR BOARD ATTORNEY AND ASSISTANT CITY ATTORNEY MATT SAPP, OUR BOARD ADMINISTRATOR AND CHIEF PLANNER, NIKKI DUNN, A SENIOR PLANNER, DR.
KAMIKA MILLER HOSKINS, UH, PROJECT COORDINATOR DIANA COMB, SENIOR PLANS EXAMINER, NORA CASTA, UH, CHIEF PLANNING FOR ZONING AND DEVELOPMENT SERVICES, TANISHA LESTER.
ALRIGHT, NOW YOU SLIPPED IN HERE.
UH, IS THAT WILLIE? WILLIE, WHAT'S YOUR LAST NAME AGAIN? I APOLOGIZE.
MR. WILLIE FRANKLIN, UH, PART OF DEVELOPMENT SERVICES AND BRYANT THOMPSON, SENIOR PLANNER IN ZONING.
AND LAST BUT NOT LEAST, TO INTRODUCE OUR BOARD SECRETARY MARY WILLIAMS, WHO'S A BOARD COORDINATOR, BOARD SECRETARY, AND, UM, THE LEAD EXECUTIVE FOR BUILT DEVELOPMENT SERVICES WHO RECENTLY GOT ASSIGNED AND, AND WE'RE VERY GLAD THAT WE'RE PART OF HIS DOMAIN IS JASON POOLE AS OUR DEVELOPMENT SERVICES ADMINISTRATOR.
THOSE ARE THE INTRODUCTIONS FOR TODAY.
OKAY, LET ME ORGANIZE MY PAPER.
MS. BOARD SECRETARY, DO WE HAVE ANY PUBLIC TESTIMONY INDIVIDUALS THAT HAVE SIGNED UP FOR PUBLIC TESTIMONY TODAY? NO PUBLIC SPEAKERS, SIR.
ALRIGHT, THE FIRST ITEM ON THE AGENDA AS WE GO DOWN ON THE AGENDA IS MISCELLANEOUS ITEMS IS THE REVIEW AND APPROVAL OF OUR JULY 18TH, UH, MEETING MINUTES THIS MORNING.
AT THE BRIEFING I MENTIONED THAT WE HAD JUST ONE, UH, AMENDMENT TO IT, AND THAT IS JUST TO ADD ON THE ADJOURNMENT THAT THE MOTION IS APPROVED UNANIMOUSLY.
THAT WAS PUT INTO THE RECORD, OR, UH, I'LL BE READY TO MAKE THAT MOTION IF THE
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BOARD WILL ALLOW.WE APPROVE THE, UH, BOARD OF ADJUSTMENT PANEL.
A MEETING MINUTES DATED JULY 18TH AS AMENDED TO INCLUDE THE WORDS MOTION APPROVED UNANIMOUSLY ON THE ADJOURNMENT PAGE.
IS THERE A SECOND? I'LL SECOND.
THE MOTION TO APPROVE AMENDED MEETING MINUTES WAS MADE BY THE CHAIRMAN, SECONDED BY MS. HAYDEN.
DISCUSSION, HEARING, NO DISCUSSION.
THOSE OPPOSED? MOTION CARRIES UNANIMOUSLY.
NEXT ITEM FOR THE AGENDA IS OUR CONSENT DOCKET.
UH, WE'LL DO A QUICK PREVIEW FOR EVERYONE IN THE AUDIENCE AS WELL AS THE BOARD.
WE HAVE EIGHT CASES IN FRONT OF THE BOARD THAT ARE ON THE, UH, ADVERTISED AGENDA AT THE BRIEFING THIS MORNING.
THE BOARD, UM, REVIEWED UH, SEVEN OF THE EIGHT CASES, THE EIGHTH CASE.
WE WILL DO THE BRIEFING RIGHT BEFORE THE HEARING, UM, OF THE CASES BRIEFED THIS MORNING, TWO CASES THE THE BOARD, UH, DECIDED TO ACCEPT ON THE CONSENT AGENDA.
AND WHAT THAT SIMPLY MEANS IS THAT, UH, WE'RE AGREEING WITH THE STAFF RECOMMENDATION AND THE APPLICANT AND WE DON'T NEED TO CALL PUBLIC.
WE DON'T NEED TO HAVE TESTIMONY IN ADDITION TO JUST HEARING THE CASES.
SO THAT'S LIKE A SUMMARY APPROVAL.
SO THE FIRST ITEM UP IS THE, UM, CONSENT AGENDA, AND THAT IS B D A 2 2 3 0 7 2 AT 6 9 0 0 WALFORD ROAD AND B D A 2 2 3 0 7 5 AT 8 3 3 4 PLAINVIEW DRIVE.
THE CHAIRMAN WOULD ENTERTAIN A MOTION.
MS. DAVIS, 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 AND ALL RELEVANT EVIDENCE THAT THE APPLICATIONS SATISFY ALL THE REQUIREMENTS OF THE DALLAS DEVELOPMENT CODE AND ARE CONSISTENT WITH THE GENERAL PURPOSE AND INTENT OF THE CODE AS APPLICABLE TO WIT.
BDA 2 2 3 0 72 APPLICATION OF CHRISTINA LAREDO FOR SPECIAL EXCEPTION TO THE SIDE YARD SETBACK REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH A SUBMITTED SITE PLAN IS REQUIRED.
B D A 2 2 3 0 75 APPLICATION OF MECADO BNO FOR VARIANCE TO THE SIDE YARD SETBACK REGULATIONS AND THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH A SUBMITTED SITE PLAN IS REQUIRED.
B D 2 2 3 0 7 5 APPLICATION OF METO RENO FOR A VARIANCE TO THE REAR YARD SETBACK REGULATIONS AND THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH A SUBMITTED SITE PLAN IS REQUIRED.
IT'S BEEN MOVED BY BY MS. DAVIS TO GRANT 2 2 3 0 7 2 2 2 3 0 7 5.
UH, IS THERE A SECOND? SECOND.
IT'S BEEN SECONDED BY MR. NARY DISCUSSION ON THE MOTION ONLY DISCUSSION IS THAT IT SEEMED LIKE THEY MET, MET THE CRITERIA FOR US TO ALLOW THOSE VARIANCES.
SO THAT'S WHY I SUPPORTED THE MOTION.
I CONCUR HEARING NO OTHER DISCUSSION.
WILL NOW VOTE ON THE CONSENT AGENDA.
MS. BOARD SECRETARY MR. HOLCOMB AYE.
VOTE IS FIVE ZERO UNANIMOUSLY.
THE CONSENT AGENDA WITH 2 2 3 0 7 2 AND 2 2 3 0 7 5 HAS BEEN APPROVED UNANIMOUSLY.
UH, FOR BOTH OF THOSE APPLICANTS, YOU'LL BE GETTING A LETTER OF APPROVAL FROM OUR BOARD ADMINISTRATOR, UH, WITHIN THE NEXT WEEK OR SO.
WE NOW GO TO THE REGULAR AGENDA.
UM, THE FIRST ITEM ON THE REGULAR AGENDA IS BDA 2 2 3 0 3 2 2 2 3 0 3 2.
THIS IS AT 5 1 0 NEWELL 5 1 0.
UH, UH, YOU'RE GONNA BE SWORN IN BY OUR BOARD SECRETARY AND THEN YOU'LL NEED TO GIVE US YOUR NAME AND ADDRESS AND YOU'LL HAVE FIVE MINUTES PLUS OR MINUS TO, UH, ADDRESS AS IT RELATES TO YOUR APPLICATION.
MS. BOARD SECRETARY, DO YOU SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
JASON, YOU WANNA POINT THAT MICROPHONE RIGHT UP TO YOU NOW GO AHEAD AND TRY, TRY AGAIN.
CAN YOU PRESS THE BUTTON, MAKE SURE THAT IT'S THERE.
JASON MEYER, FIVE 10 NEWELL, DALLAS, TEXAS 7 5 2 2 3.
ALRIGHT, GOOD AFTERNOON, CHAIRMAN.
I LIVE AT THE PROPERTY FIVE 10 NEWELL, ALONG WITH MY WIFE AND THREE KIDS.
UH, JUST GIVE A LITTLE BACKGROUND THEN I'LL JUST DO A QUICK OVERVIEW OF THE REQUEST.
UH, WE MOVED HERE IN 2017 AND WHEN WE MOVED INTO THE
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HOUSE, IT WAS A 1400 SQUARE FOOT CHARMER.UH, AND IT WAS BUILT IN 1930S.
MOST IMPORTANTLY, IT WAS JUST ME AND MY WIFE AT THE TIME.
UH, THREE KIDS LATER WE STARTED, UH, ENGAGING SOME INDUSTRY PROFESSIONALS TO TELL, HELP US MAYBE DEVELOP THE HOUSE FURTHER, ADD SOME SQUARE FOOTAGE.
UH, AND AT THAT POINT WE REALIZED THAT THE SLOPE ON OUR LOT WOULD BE, UH, RESTRICTIVE TO FURTHER DEVELOP THE HOUSE, HOW WE'D IMAGINED IT.
UH, AND SO ONE AFTER ONE, UH, RECOMMENDED THAT IF YOU REALLY WANTED TO ADD SIGNIFICANT SQUARE FOOTAGE, YOU SHOULD CONSIDER MOVING.
UH, MY WIFE AND I HOWARD, WERE VERY COMMITTED TO MAKING THIS HOUSE WORK.
UM, IT'S THE LONGEST I'VE LIVED IN ANY ONE HOUSE.
UM, MY DAD WAS IN THE AIR FORCE GROWING UP, SO WE MOVED EVERY COUPLE OF YEARS.
UM, I MYSELF JOINED THE NAVY AND MOVED CONSTANTLY UNTIL WE MOVED TO TEXAS OR DALLAS IN 2016, MOSTLY TO CREATE KIND OF A STABLE ENVIRONMENT FOR OUR, OUR GROWING FAMILY.
AND THAT, THAT BRINGS ME TO THIS, THIS REQUEST.
UM, WE, UM, WHEN WE MOVED IN IN 2017, UH, THERE WAS A PREEXISTING SHED ON THE PROPERTY AND THAT, UH, SHED PREDATED THE FIVE FOOT SETBACK REQUIREMENTS.
WHAT OUR REQUEST IS, IS WE WANNA EXTEND THAT SHED SO THAT EXISTING SHED HAS A THREE FOOT SETBACK.
WE WANNA EXTEND THAT SHED FOUR FEET, UM, AND THEN CONVERT IT TO A MASTER CLOSET, UH, JUST TO ADD SOME SQUARE FOOTAGE AND, UH, FOR OUR, OUR FAMILY AND TO PROVIDE SOME, UH, YEAH, STORAGE AND, AND A LITTLE BIT OF EXTRA SPACE.
SO REALLY, WE'RE JUST TALKING ABOUT THE EXTRA FOUR FEET.
THAT FOUR FEET WOULD HAVE A TWO FOOT SETBACK? NO, NO.
PART OF THE OTHER HOUSE IS WITHIN THE FIVE FOOT SETBACK.
UM, BUT WE WOULD ASK YOUR HELP WITH THAT.
AND I BELIEVE WE MEET THE STANDARDS.
UH, IN SUPPORT OF OUR APPLICATION, WE SUBMITTED A NUMBER OF, UH, LETTERS FROM ALL OF OUR NEIGHBORS, ALL IN SUPPORT OF OUR REQUESTS.
UM, A NUMBER OF, UH, AFFIDAVITS, UH, FROM THOSE INDUSTRY PROFESSIONALS I REFERENCED EARLIER, EXPLAINING WHY OUR HOUSE IS MORE DIFFICULT THAN THE SURROUNDING PROPERTIES IN OUR ZONING TO DEVELOP.
UM, AND LASTLY, YOU KNOW, WE, WE MAKE THOSE REQUESTS NOT FOR ANY SORT OF UNFAIR ADVANTAGE IN IN EXPANDING OUR PROPERTY.
UH, AGAIN, I MENTIONED IT'S JUST THAT FOUR FOOT.
UM, I THINK IT BRINGS OUR, OUR HOUSE INTO THE KIND OF 700 SQUARE FOOT, 1700 SQUARE FOOT RANGE, UM, TO TRY TO MAKE THIS HOUSE WORK FOR OUR, OUR GROWING FAMILY.
UM, SO, UH, WE JUST RESPECTFULLY REQUEST THAT YOU'D, YOU'D GRANT OUR VARIANCE REQUESTS AND SAME BY ANY, FOR ANY QUESTION YOU MAY HAVE.
QUESTIONS FROM THE BOARD? MR. HALCOMB? HI.
UM, CAN YOU WALK ME THROUGH, UH, YOUR DECISION MAKING WHEN IT COMES TO, TO RENOVATING THAT SHED AND TURNING IT INTO A CLOSET AS OPPOSED TO, IT LOOKS LIKE THERE'S ROOM IN THE LOT FURTHER BEHIND THE MASTER BEDROOM.
JUST WALK ME THROUGH YOUR DECISION MAKING AND WHY YOU DECIDED TO DO IT THIS WAY AS OPPOSED TO SOME OTHER SOLUTION THAT WOULDN'T REQUIRE YOU TO COME BEFORE THE BOARD.
SO WE DIDN'T GO IN THROUGH LIKE A, I DON'T KNOW, A TON OF DIFFERENT COURSES OF ACTIONS FOR WHAT WE COULD DEVELOP.
UM, THE RECOMMENDATIONS BY THE PROFESSIONALS WERE BASICALLY THAT OUR EXISTING ADDITION, WHICH IS WHERE THE SHED IS IN THE MASTER BEDROOM, UM, IN ORDER TO DEVELOP THE PROPERTY FURTHER, WOULD ALL NEED TO BE DESTROYED.
IT COULDN'T BE EXPANDED UPON OR ADDED ON TO LIKE ANOTHER, ANOTHER STORY, WHICH IS PRETTY COMMON IN OUR NEIGHBORHOOD.
UM, SO AS I MENTIONED, WHEN WE FIRST MOVED IN, IT WAS A 1400 SQUARE FOOT.
WE DID CONVERT THE GARAGE TO LIVING, UH, PROPERTY SO THAT WE COULD, YOU KNOW, ADD, ADD A COUPLE HUNDRED SQUARE FOOT TO OUR HOUSE.
AND THEN, UM, OUR CONTRACTOR'S RECOMMENDATION WAS WE REALLY, WE JUST NEEDED STORAGE BECAUSE, YOU KNOW, THE HOUSE WAS BUILT A LONG TIME AGO, UM, AND IT SEEMED LIKE THE SHED CONVERTING THE SHED WAS COST EFFECTIVE, GOOD USE OF RESOURCES, AND ALSO IT COSMETICALLY FITS THE HOUSE BECAUSE REALLY IT'LL JUST, THE EXTENSION WILL JUST BECOME FLUSH WITH THE EDGE OF THE HOUSE AND WOULDN'T HAVE TO DEVELOP FURTHER INTO LIKE, KIND OF OUR SMALL BACKYARD ALREADY.
AND JUST ONE FOLLOW UP QUESTION.
THE, DOES THE SLOPE GO DOWN AS YOU GO TOWARDS THE REAR OF THE PROPERTY? IS THAT THE CORRECT? THAT'S CORRECT, YEAH.
I SUBMITTED FOUR PICTURES AT A KI YOU KIND OF SEE THE SLOPE, UH, BUT REALLY IT STARTS THE, THE KIND OF SIGNIFICANT PART OF THE SLOPE HA STARTS ABOUT HALFWAY ON OUR PROPERTY GOING BACKWARDS.
SO THE BACK OF OUR PROPERTY IS THE MOST DOWN AND PROBABLY ACTUALLY RIGHT WHERE THE, THAT BACK, THE MASTER BEDROOM AND THE SHED BEGINS.
THAT'S WHERE THE SLOPE REALLY KIND OF BECOMES MORE SEVERE.
OTHER QUESTIONS? MS. DAVIS? I, IS THE CLOSET ALREADY BUILT? YES.
I MEAN, SO YOU'RE BASICALLY ASKING, UM, OUR FORGIVENESS THAT YOU'VE ALREADY BUILT THIS WITHOUT A PERMIT.
SO MY UNDERSTANDING IS THAT THAT WAS, IS NOT A RELEVANT CONSIDERATION FOR THE BOARD.
THAT'S WHY I DIDN'T SAY THAT WE NEED TO FIX A PROBLEM THAT I CREATED MYSELF.
UM, SO I DID NOT BRING THAT TO THE BOARD PURPOSEFULLY.
UM, I BELIEVE WE MEET THE OBJECT, THE, THE STANDARDS OBJECTIVELY REGARDLESS OF WHETHER THE CLOSET'S ALREADY BUILT OR NOT.
UM, BUT YES, I, I I SUPPOSE I, IF IF YOU'RE ASKING IT, IT WOULD BE MORE CONVENIENT FOR MY FAMILY TO NOT HAVE TO MAKE THE FIVE FOOT SETBACK ON THAT PART OF THE CLOSET.
UM, BUT I, I ASSERT THAT I THINK WE MEET THE STANDARDS REGARDLESS.
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EXPANDED THE CLOSET.YOU'VE ALREADY BUILT THE CLOSET.
SO NOW YOU'RE ASKING, YOU'RE COMING IN FRONT OF THE BOARD NOW TO, TO BE ABLE TO LEGALLY DO THAT, BUT YOU'VE ALREADY DONE IT.
SO EXPLAIN AGAIN WHY YOU BUILT IT WITHOUT GETTING THE PERMIT FIRST.
SO THIS IS OUR FIRST TIME EXPANDING A PROPERTY, DOING ANY SORT OF CONSTRUCTION ON OUR PROPERTY.
UM, WE WEREN'T EXACTLY SURE WITH WHAT THE PROCESS WAS FOR KIND OF THE EXISTING STRUCTURE.
UM, I MEAN, TO BE HONEST, THERE'S SOME, UH, DISAGREEMENT BETWEEN US AND OUR CONTRACT AT THE TIME.
UM, WE THOUGHT WE WERE JUST GONNA BE CONVERTING THE, THE SHED AND NOT ADDING THE ADDITIONAL FOREFOOT.
UM, AND THAT WAS A GIFT FROM OUR CONTRACTOR.
UM, WE WERE ABOUT TO HAVE OUR THIRD CHILD, WE WERE LIVING OUTSIDE OF THE HOUSE AND HE THOUGHT THAT IT MADE MORE SENSE TO EXPAND AT FOUR FEET THAN TO JUST CONVERT THE EXISTING SHED.
UM, THE EXISTING, IF, AS YOU SEE IN THE DRAWINGS, THE, THE CLOSET NOW HAS TWO DOORS.
UM, BASICALLY HIS AND HERS CLOSET.
UM, THE, THE INITIAL PLANS ONLY HAD ONE DOOR AND IT WAS JUST GONNA BE ONE MASTER CLOSET THAT WAS GONNA TAKE ADVANTAGE OF THE NINE FOOT SHED.
UM, YOU KNOW, NOW THAT IS NOW 13 FEET AND IT ALLOWS FOR TWO DIFFERENT SIDES OF THE CLOSET.
UM, SO JUST TO GIVE YOU THE FULL, THERE'S IT, IT WASN'T PLANNED.
UM, BUT, AND THAT'S KINDA WHY WE'RE AT, ARE WHERE WE ARE.
AND THIS IS, THIS IS THIS ONE BOARD MEMBER.
UM, I, I DON'T APPRECIATE WHEN SOMEBODY GOES AHEAD AND BILLS SOMETHING WITHOUT DOING THE RESEARCH.
IT'S UP TO EVERY HOMEOWNER TO UNDERSTAND THE RESTRICTIONS WHEREVER, REGARDLESS OF WHERE YOU'RE LIVING.
SO AT THIS POINT, YOU'RE COMING TO US AC ASKING FOR FORGIVENESS ON THIS, WHEN THE PRO YOU SHOULD HAVE COME, YOU SHOULD HAVE DONE THE PROPER CHANNELS, YOU SHOULD HAVE COME TO US BEFORE THIS WAS EVEN BUILT.
SO THIS HAS GIVEN ME GREAT PAUSE TO SUPPORT THIS EVEN THOUGH I WANNA SUPPORT THIS.
BUT, UM, I AM NOT IN FAVOR OF PEOPLE COMING TO US AFTER THE FACT.
I THINK IT SETS A REALLY BAD, I DON'T WANNA SAY THE WORD PRECEDENT, BUT IT'S, IT'S NOT A GOOD HABIT FOR PEOPLE TO GET INTO, TO GO AHEAD AND MAKE THEIR OWN CHANGES TO THEIR, UM, TO THEIR STRUCTURE WITHOUT DOING THE RESEARCH AND WITHOUT GETTING THE REQUIRED PERMITS FIRST.
IT DOESN'T, THAT DOES NOT SIT WELL WITH ME.
OTHER QUESTIONS FROM THE BOARD? I'LL MAKE A COMMENT.
UM, I WOULD AGREE WITH MS. DAVIS.
THE REASON, THE CITY, THE REASON THE STATE LEGISLATURE GIVES THE AUTHORITY TO MUNICIPALITIES TO CREATE ZONING STANDARDS IN AND DIFFERENT ZONING DISTRICTS, SETBACKS, SIDE YARD, FRONT YARD, BUILDING HEIGHTS, FLOOR DENSITY, THOSE SORT OF THINGS.
AND THAT'S PART OF THE, THE CITY COUNCIL ADOPTED BASED ON THE, UM, PLANNING COMMISSION ADOPTED BASED ON RESIDENTIAL AREAS AND COMMERCIAL AREAS AND THAT SORT OF THING, UM, IS TO SET SOME LEVEL OF CONSISTENCY OF STANDARDS WITHIN EACH ZONING DISTRICT.
UM, I TOO WANT TO SUPPORT YOU.
IT'S TELLING TO ME THAT YOUR NEIGHBORS ON BOTH SIDES ARE SUPPORTING YOU.
BUT
BECAUSE ALL TOO OFTEN WE HEAR TOO MANY PEOPLE BEING FLIPPANT ABOUT IT, AND IT ALMOST SETS A PATTERN THAT IF PE IF THE CITY BECOMES FLIPPANT, THEN THERE ARE NO ZONING REGULATIONS AND THEN IT'S, EVERYONE BUILDS WHERE EVERYONE WANTS TO.
I'M NOT TRYING TO LECTURE YOU, SIR.
I'M JUST TRYING TO SAY, UM, YOU ARE MAKING IT HARDER FOR ME TO GRANT SUCH A REQUEST BECAUSE OF THE APPROACH THAT YOU'VE CHOSEN TO TAKE.
LIKEWISE, IT REQUIRES FOUR AFFIRMATIVE VOTES FOR US TO GRANT, IF I MAY.
AND I'M, I'M, I'M NOT TRYING TO GIVE YOU GRIEF, I'M JUST GIVING YOU A LITTLE BIT OF ECHO BACK.
UM, SO THANK YOU FOR YOUR COMMENTS.
I I RECEIVED THOSE AND YOU KNOW, I'M, I'M EMBARRASSED TO BE BEFORE YOU TODAY.
UM, AS, UH, YOU KNOW, I, I DID SOME RESEARCH LEADING UP TO THIS, AND MY UNDERSTANDING WAS THAT WHETHER IT WAS BUILT OR NOT SHOULD WASN'T A RELEVANT THING.
SO I I PURPOSELY DID NOT COME IN HERE KIND OF RINGING MY HANDS, EXPLAINING MY EMBARRASSMENT.
UM, YOU KNOW, MY WIFE AND I ARE, ARE LAW ABIDING CITIZENS.
WE TRY, TRY TO FOLLOW THE RULES.
WE'VE WORKED VERY CLOSELY WITH THE CONSERVATION DISTRICT TO DO THE EXISTING RENOVATIONS WE'VE DONE TO THE HOUSE.
UH, YOU KNOW, BUT LAW ABIDING MEANS YOU FOLLOW THE PROCESS.
AND THE PROCESS IS YOU GO AND APPLY FOR A PERMIT AND THE PROFESSIONAL STAFF SAYS, OOPS, YOU CAN'T DO THAT BECAUSE
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THERE'S A REQUIRED FIVE FOOT SETBACK AND PART OF THE FIVE FOOT SETBACK MAY BE FIRE CODE, IT MAY BE JUST RESPECTING SPACE BETWEEN HOMES.YOU KNOW THAT THE PLANNING COMMISSION, THE COUNCIL MAKES OUR JOB IS TO DETERMINE WHETHER THERE IS, YOU MEET THE CRITERIA IN ORDER TO GRANT THAT VARIANCE OR SPECIAL EXCEPTION.
SO, BUT THERE'S RATIONALE AND REASON WHY THE CITY HAS ADOPTED THESE, THESE RULES.
SO, AND YOU, YOU SAID IT LAW ABIDING.
NOW NONE OF US ARE PERFECT, BUT YOU SAID IT LAW ABIDING.
AND I, I GUESS I SAY THAT IN THE CONTEXT OF, I, I AM EMBARRASSED TO BE TO BE BEFORE YOU TODAY.
IT IS EMBARRASSING TO HAVE A SIGN IN OUR FRONT YARD FOR ALL OF OUR NEIGHBORS TO SEE THAT WE HAVE THIS PENDING CASE BEFORE THE BOARD.
UM, YOU KNOW, I, I DON'T LIKE TO MAKE EXCUSES LIKE, AS, AS I MENTIONED, LIKE WE'RE A MILITARY FAMILY, ONE, EVEN LIKE, SHOWING EMOTION IS A CH A CHALLENGE OF MY FAMILY.
UH, IT'S, THIS IS, IT'S AN EMBARRASSING MOMENT.
UM, AND I TRIED TO CO I, I SUPPOSE NO ONE WANT THE SIGN SHOULD MAKE YOU EMBARRASSED.
YOU ARE ALLOWED TO MAKE THAT REQUEST AND WE WELCOME YOU HERE AND WE'RE GLAD YOU'RE HERE.
UH, AND ON THE FACE OF IT, QUITE HONESTLY, MR. MEYER, I'M SUPPORTIVE.
THIS ONE MEMBER, I'M SUPPORTIVE BECAUSE THIS, BECAUSE, AND IT IS BECAUSE YOU NEIGHBORS ARE SUPPORTIVE THAT I'M, I THIS ONE MEMBER IS GONNA LOOK BEYOND THE FACT YOU BUILT BEFORE GETTING THE PERMIT.
IF THERE WAS ANY HESITANCY IN YOUR NEIGHBORS, I PROBABLY VOTE NO AND THEN YOU'D BE SUNK.
BUT OUR RULES PER THE STATE STATUTE, SAY 75% HAVE TO APPROVE AND, AND A VARIANCE OR A SPECIAL EXCEPTION.
SO THAT'S THE KIND OF THE BOX YOU'RE IN.
I, IF I CAN JUST MAKE ONE LAST COMMENT, PLEASE, I'LL LET YOU VOTE.
UM, SO YOU JUST MENTIONED THAT YOU, YOU PERCEIVED ME TO BE FLIPPANT.
I, I WAS AIMING FOR PROFESSIONAL NOT COMING IN HERE, KIND OF, YOU KNOW, RINGING MY HANDS.
I, I THOUGHT I JUST WANTED TO SAY THAT WE MET THE STANDARD AND I, I WAS AIMING FOR PROFESSIONAL, NOT FLIPPANT.
UM, I AM ASKING FOR YOUR HELP HERE.
UH, I DO THINK WE MEET THE STANDARDS.
IT, IT IS NECESSARY FOR OUR HOUSE AND OUR, OUR EXPANDING FAMILY TO HAVE SOME STORAGE.
UM, I WISH WE WOULD'VE ASKED FOR THAT APPROVAL BEFORE, BEFOREHAND.
UM, SO THAT'S ALL, ALL I HAVE TO OFFER.
I APPRECIATE YOUR HONESTY AND, UM, OTHER COMMENTS FROM THE BOARD.
IT, IT'S IMPORTANT, NOT THAT JUST YOU SIR, BUT THE PUBLIC AND THOSE LISTENING, THOSE HERE IN THE AUDIENCE, FUTURE CASES UNDERSTAND THE PROCESS WE'RE CONSTITUTED, UH, BECAUSE A CITY SETS THE RULES, THE PLANNING COMMISSION AND THE CITY COUNCIL SET THE RULES AND WE'RE EMPOWERED TO MAKE EXCEPTIONS OR VARIANCES TO THOSE RULES.
BUT THE PROCESS STARTS WITH GOING TO THE CITY DEVELOPMENT SERVICES AND ASKING FOR A PERMIT, AND THEN THEY SAY YES OR NO BASED ON THE RULES.
AND YOU HAVE TO HAVE SOME COMMON DENOMINATOR RULES.
AND WE COUNT ON OUR STAFF TO BE CONSISTENT ABOUT THAT.
AND LIKEWISE, WE COUNT ON HOMEOWNERS TO BE CONSISTENT IN FOLLOWING THOSE.
SO NOT ALL OF US FOLLOW ALL THE RULES.
SO I JUST WANNA MAKE SURE YOU GET A FULL PICTURE.
DISCUSSION ON THE, ON THE, FOR THE APPLICANT, OR EXCUSE ME, QUESTIONS FOR THE APPLICANT.
THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HALCOMB, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 3 2 ON APPLICATION OF JASON MEYER GRANT THE TWO FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WAS SUBMITTED.
SITE PLAN IS REQUIRED IN BDA 2 2 3 0 3 2.
MR. HOLCOMB MO MOVED TO GRANT.
IS THERE A SECOND? SECOND, MR. UH, NARY SECONDED THE MOTION DISCUSSION, MR. COMB? YEAH, THE, THE KEY COMPONENT FOR ME IS THE SLOPE OF THE LOT.
UM, IT WOULD BE QUITE DIFFICULT TO PUT THIS SHED ANYWHERE ELSE.
AND, UM, OR CORRECTION CLOSET.
THE, UH, THE CLOSET FORMERLY KNOWN AS SHED.
UM, UH, ANYWAYS, UH, I I BELIEVE THAT THE SLOPE, UH, PROVIDES, UH, THE REQUISITE STANDARD MEETS THE REQUISITE STANDARDS IN ORDER TO APPROVE THIS REQUEST.
I I BELIEVE THAT THE STANDARDS, UH, HAVE BEEN MET IN THIS CASE.
I TOO WISH THAT YOU HAD SOUGHT OUT THE PERMITS BEFOREHAND, BUT I BELIEVE OVERALL THAT YOU WERE ACTING IN GOOD FAITH.
IT'S NOT OUTTA LINE WITH THE NEIGHBORHOOD.
[00:25:01]
AGAIN, I DON'T SEE ANY OPPOSITION, UH, AS WELL.AND, UH, YOU KNOW, YOU'VE GOT SOME SUPPORT FROM YOUR NEIGHBORS, SO THAT'S WHY I'M IN FAVOR.
MS. DAVIS, THIS IS A HARD ONE FOR ME AND I APPRECIATE YOUR SERVICE.
I APPRECIATE YOUR DAD'S SERVICE.
I AM, I HAVE UTMOST RESPECT FOR ANYBODY WHO SERVES.
MY ISSUE IS THAT THERE IS JUST, UH, WE CAN'T KEEP APPROVING THESE INSTANCES WHERE PEOPLE ARE BUILDING AND NOT GETTING PRIOR PERMISSION.
IT'S, IT'S A REALLY BAD PATTERN TO SET.
AND TO ANYBODY ELSE OUT THERE, YOU NEED TO, YOU NEED TO UNDERSTAND THE REGULATIONS ON YOUR PROPERTY.
YOU NEED TO COME TO THE CITY AND GET THOSE PERMITS BEFORE ANY BUILDING TAKES PLACE.
SO I, I'M JUST REALLY STUCK ON THAT.
I, THAT'S IMPORTANT TO ME AND I THINK IT'S IMPORTANT THAT WE FOLLOW THESE PROCESSES.
UM, SO UNFORTUNATELY I'M NOT GONNA BE ABLE TO SUPPORT THIS MOTION.
OTHER COMMENTS, MS. HAYDEN? UM, YOU KNOW, I AGREE WITH EVERYTHING THAT'S BEEN SAID SO FAR, AND I THINK THE GRAY AREA FOR ME WAS THE, UM, YOU KNOW, NOT GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP.
UM, BUT THE FACT THAT YOU HAVE THE SUPPORT FROM YOUR NEIGHBORS AND THE FACT THAT YOU DO HAVE A LOT THAT HAS A, A, A SLOPE IN THE BACK THAT MAKES IT VERY DIFFICULT FOR AN ADDITION, UM, YOU KNOW, SWAYS ME IN THE, IN THE, UH, DIRECTION OF A APPROVING.
UM, I'LL SUPPORT YOUR REQUEST.
UM, I'M NOT GONNA SEE ANY, I'M NOT GOING TO MAKE, MAKE ANY MORE COMMENTS ABOUT PROCESS.
UM, YOU SHOULDN'T BE AT ALL EMBARRASSED ABOUT A SIGN IN FRONT OF YOUR HOUSE.
IT'S LEGAL TO COME AND ASK FOR AN EXCEPTION OR A VARIANCE.
WE'VE GOT EIGHT OF THEM TODAY,
UH, WE JUST WANNA MAKE SURE PEOPLE, EVERYONE'S TREATED FAIR, TREATED CONSISTENTLY AND FAIRLY.
I'M GONNA SUPPORT YOUR REQUEST AND SUPPORT MR. HOLCOMB'S MOTION, UM, BECAUSE OF WHAT HAS BEEN SAID ALREADY AS IT RELATES TO THE MERITS.
AND, UH, I'M GONNA LOOK BEYOND THE LACK OF PROCESS.
UM, BUT I WOULD AGREE WITH MS. DAVIS THAT IT'S WEARING US DOWN, THAT PEOPLE DON'T RESPECT THE PROCESS BECAUSE THEN IT'S NOT FAIR TO THE OTHER 90 PLUS PERCENT THAT DO SO.
UM, SO I WILL SUPPORT THE MOTION, UH, AND I SHOULD MENTION THIS FOR THE PUBLIC TODAY.
UH, CONSISTENT WITH THE BOARD OF ADJUSTMENTS RULES AND THE STATE STATUTE, ANY APPROVAL OF A SPECIAL EXCEPTION OR A VARIANCE REQUIRES 70% AFFIRMATIVE ACTION OF A FIVE PERSON BOARD.
SO A THREE TO TWO VOTE DOESN'T CARRY IT REQUIRES FOUR AFFIRMATIVE VOTES.
OKAY? I SHOULD MENTION THAT ORIGINALLY.
ALRIGHT, UH, THAT BEING SAID, ANYTHING OTHER DISCUSSION ON THE MOTION? THE MOTION IN FRONT OF US IN 2 2 3 0 3 2.
THE MOTION IS TO GRANT MS. BOARD SECRETARY, CALL FOR THE VOTE PLEASE.
MOTION PASSES FOUR TO ONE IN THE ITEM OF, IN THE MATTER OF 2 2 3 0 3 2.
THE BOARD ON A FOUR TO ONE VOTE APPROVES YOUR REQUEST AND GRANTS YOUR VARIANCE.
NEXT ITEM ON OUR AGENDA IS B D A 2 2 3 0 7 0 BDA 2 2 3 0 7 0.
THIS IS AT 5 0 2 7 ALCOTT STREET, 5 0 2 7 ALCOTT STREET.
OUR BOARD SECRETARY WILL SWEAR YOU IN AND THEN YOUR NAME AND ADDRESS AND THEN YOU'LL BE GIVEN FIVE MINUTES TO PRESENT, PLUS OR MINUS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE PROCEED WITH YOUR NAME AND ADDRESS.
MY NAME IS HANNAH ROGERS AND I LIVE AT 5 0 2 7 ALCOTT STREET, DALLAS, TEXAS 7 5 2 0 6.
UM, SO THANK YOU FOR HAVING ME TODAY AND NICE TO MEET YOU ALL.
UM, JUST WANTED TO TAKE YOU THROUGH A QUICK, I SAY SLIDESHOW.
UM, SO JUST A BIT OF A HISTORY OF BEHIND OUR PROPERTY.
UM, AS YOU CAN SEE, THIS IS THE FAMILY THAT LIVES THERE, MYSELF AND
[00:30:01]
MY FIANCE AND OUR TWO DOGS.UM, WE MOVED HERE, BOUGHT THE PROPERTY BACK IN 2021, OBVIOUSLY NOT ORIGINALLY FROM HERE.
VERY SOUTHERN TEXAN ACCENT THAT I HAVE.
UM, IF YOU WOULDN'T MIND SCROLLING DOWN A LITTLE BIT.
UM, SO THIS IS THE LOT IN QUESTION THAT I PURCHASED BACK IN 2021.
UM, AND I WILL GO INTO A LITTLE BIT OF DETAIL IN WHAT I'M ASKING AND HOPING FOR TODAY.
UM, SO I'VE HIGHLIGHTED IN YELLOW, UM, THE FRONT PORCH, UM, AND ALSO THE GARAGE IS IN, HIGHLIGHTED IN GREEN.
I AM REQUESTING A EIGHT YARD SETBACK FOR THE FRONT PORCH AND A THREE YARD SET, THREE YARD SIDE SETBACK ON THE FRONT PORCH AS WELL.
OKAY, YOU SAID YARD, SORRY, FEET.
AND EIGHT FOOT AND A THREE FOOT AND THEN A ZERO FOOT, UM, SETBACK ON THE, UM, GARAGE AS WELL.
AND WHEN I BOUGHT THE PROPERTY, I BOUGHT IT AS IS.
UM, THE PREVIOUS OWNER DID THIS IS, THIS WAS HOW I BOUGHT THE PROPERTY.
I HAVE NOT MADE CHANGES TO THIS PROPERTY, AS YOU CAN SEE.
UM, IF YOU WOULDN'T MIND SCROLLING DOWN A LITTLE BIT.
UM, SO THIS IS JUST A QUICK OUTLINE AND VIEW OF THE PROPERTY AS IT STANDS TODAY.
UM, JUST SO THAT YOU HAVE AN IDEA OF WHERE I'M TALKING, WHAT I'M TALKING ABOUT AND HOW WE CAN JUST LIKE DIVE INTO THINGS A LITTLE BIT.
UM, SO FIRST OF ALL, I'M JUST GONNA DIVE INTO THE GARAGE SIDE.
UM, IF YOU WOULDN'T MIND SCROLLING DOWN A LITTLE BIT.
UM, SO TO MAKE THE GARAGE THE CODE, UM, I WOULD HAVE, THE GARAGE WOULDN'T BE VIABLE.
I WOULDN'T BE ABLE TO FIT A CAR INSIDE.
UM, AND THERE IS ALSO NOWHERE ELSE TO HAVE A GARAGE AS I CAN'T PARK IN THE FRONT YARD SETBACK.
UM, AS YOU CAN SEE FROM THIS PHOTOGRAPH, THE ONE ON THE FAR RIGHT OF MY SCREEN, UM, THERE IS THE BACK ALLEY.
YOU CAN'T, YOU DON'T ACTUALLY HAVE ACCESS TO.
IT IS CURRENTLY USED FOR UTILITIES AND NONE OF THE OTHER PROPERTIES ALSO HAVE ACCESS TO THAT.
UM, THE WATER DRAINAGE ON THE GARAGE HAS, IS, DOES NOT AFFECT MY NEIGHBOR.
AND SHE SAID IT DOESN'T NEGATIVELY INF AFFECT HER EITHER.
UM, AND IT, SHE HAS NO ISSUE AS IT IS AND IT DOESN'T NEGATIVELY AFFECT HER PROPERTY.
UM, THE CURRENT STRUCTURE HAS NO WINDOWS.
UM, I DO HAVE THE PERMITS READY TO GO THROUGH A TEAM AS IF, IF ASSUMING IF THE VARIANCES GET ACCEPTED.
UM, AND I DO HAVE SIGNATURES FROM MY NEIGHBORS TO SUPPORT, UM, BOTH PORTIONS OF THE HOME AS WELL.
UM, THE COST TO REBUILD, UH, THE GARAGE TO CODE WOULD BE AROUND 20 TIMES THE PRICE THAT IT WOULD COST TO HAVE BUILT THE CURRENT STRUCTURE.
UM, WHICH WOULD SIGNIFICANTLY IMPACT, UM, ME, UM, FINANCIALLY.
UM, BUT PER THE VARIANCE CO PER, PER THE VARIANCE CODE OF I I, IT WOULD CAUSE THAT, UM, SIGNIFICANT ISSUE OF, UH, FINANCIAL DISTRESS IF YOU WOULDN'T MIND SLIDING DOWN.
UM, SO GOING BACK TO THIS PICTURE, YOU CAN SEE THE FRONT PORCH, UM, WHERE THE FRONT DOOR IS.
UM, THERE IS A GAP FROM THE GROUND TO THE FRONT DOOR, UM, SO THAT THE, THE STEPS WOULD NEED TO, UM, THEY'RE ALREADY CURRENTLY ENCROACHING ON THE SIDE YARD SETBACK.
UM, AND SINCE THE ENTRANCE TO THE HOME IS NOT, UH, ON THE GROUND ITSELF, UM, THE HOME WAS BUILT IN THE 1920S, SO IT IS AN OLDER HOME.
UM, AND IT'S CURRENTLY BUILT ON AN ODD SHAPED LOT AND IT'S BUILT ON AN ANGLE THAT IS NOT COHERENT WITH SAID SHAPE OF LOT.
UM, I ORIGINALLY, WHEN I MOVED IN, I HAD A MEMBER OF CODE COMPLIANCE COME TO THE HOME AND TELL ME THAT I HAD PIECES OF MY HOME THAT WASN'T LEGAL AND I STOOD THERE AND I WAS JUST LIKE, EXCUSE ME,
UM, AND OBVIOUSLY THE PORCH AND THE GARAGE IS WHAT THE ISSUE WAS.
UM, I HAD TO DO A LOT OF RESEARCH TO FI RESEARCH TO FIGURE OUT WHY.
UM, AND I HAVE HAD MEMBERS LIKE ENGINEERS TO HELP ME FIGURE OUT IF THE PORCH IS TO CODE, IS IT SAFE FOR HUMAN TO STEP ON IT AND HAVE MULTIPLE PEOPLE UP THERE, FOR EXAMPLE.
SO I HAVE GOT A TEAM READY TO ESSENTIALLY TEAR DOWN THE STRUCTURE, UH, PUT IT TO CODE AND TO MAKE IT SAFE AND VIABLE.
UM, SO IT HAS COST ME A LOT OF MONEY ALREADY WITH ENGINEERS AND SO ON AND SO FORTH.
UM, BUT AS I MENTIONED, I I AM, IT HAS COST ME MONEY ALREADY.
UM, I WILL BE REQUESTING A FEE WAIVER WAIVER FOR THE PERMITTING PRO, NOT THE PERMITTING PROCESS, BUT GETTING THE INITIAL SIGNAGE AND SO ON.
UM, BUT AS I MENTIONED WHEN I BOUGHT THE HOUSE
[00:35:01]
ON THE AFFIDAVIT THERE, THE, THAT THE PREVIOUS OWNER MENTIONED, THERE WAS NOTHING THAT HE DID ILLEGALLY.SO I WILL BE DOING, UM, LEGAL ACTION ON THIS AS WELL.
UM, SO THERE'S A, A NICE LITTLE TAIL
SO, UM, IF YOU WOULDN'T MIND SCROLLING DOWN ONE LAST TIME.
SO AS WE WOULD SAY, OUR AND OUR GOODES BOYS SAY THANK YOU VERY MUCH, UH, FOR HEARING ME OUT TODAY.
UH, YOUR POWERPOINT WAS POWERFUL,
UM, I HAD MENTIONED EARLIER IN THE BRIEFING TODAY ABOUT THE POWERPOINT ABOUT TELLING, ASKING THE STAFF NOT TO READ THE POWERPOINT, LET THE POWERPOINT BE VISUAL.
UM, I I'M GONNA ASK YOU A FEW QUESTIONS OF FOR CLARITY.
UH, YOU BOUGHT THE HOUSE WHEN? JULY, 2021.
SO YOU BASICALLY BOUGHT IT AS IS AS WE SEE IT NOW OR AS WE WERE BRIEFED ABOUT IT? CORRECT.
NO, YOU'RE UM, WE WERE MADE AWARE THAT YOU'RE VIOLATING THE SIDE YARD AND THE FRONT YARD SETBACK.
AND WE WERE MADE AWARE OF THAT BECAUSE OF THE NEIGHBORHOOD YOU'RE IN WAS IN AN N SS O NEIGHBORHOOD STABILIZATION, UH, ORDINANCE.
WERE YOU AWARE OF THE N S O AT THE TIME AND THE, THE ORDINANCE AND THE SETBACKS AT THE TIME YOU BOUGHT THE HOUSE? MM-HMM.
IT'S, THOSE ISSUES ARE SOMETHING YOU'D HAVE TO TAKE UP WITH YOUR PREVIOUS, WITH THE SELLER.
I JUST WANT CLARITY ABOUT WHAT YOU WERE AWARE OF AT THE TIME YOU PURCHASED THE PROPERTY, WHAT YOU'VE DONE SINCE THE PROPERTY.
YOU HEARD THE LAST CASE AS IT RELATES TO PERMITTING AND THE PROCESS.
SO WHAT YOU'RE REQUESTING, IF I'M DEDUCING CORRECTLY, IS EIGHT FEET VARIANCE IN THE FRONT YARD.
IS THAT EIGHT FEET OF ADDITIONAL BUILDING OR AT THE, AT THE PLACE WHERE YOUR FRONT YARD FRONT HOME IS, IS WHAT YOU'RE WANTING TO MAINTAIN, YOU'RE WANTING TO MAINTAIN THE, WHERE YOU'RE AT OR ARE YOU WANTING TO BUILD ANY FAR FORWARD? MAINTAINING THE HOME AS IT IS NO CHANGE.
WHAT ABOUT AS IT RELATES TO THE SIDE YARD VARIANCE? SAME MAINTAINING AS IT IS NO CHANGE.
I'M SORRY, SAY IT AGAIN? MAINTAINING THE HOME AS IT IS NO CHANGE.
'CAUSE YOU SAID SOMETHING ABOUT RIPPING OFF THE PORCH JUST TO MAKE IT, AND SO THAT THREW ME.
SORRY, JUST TO MAKE IT THAT IT'S STABLE FOR HUMANS TO UTILIZE 'CAUSE IT'S CURRENTLY OKAY.
THAT'S, THAT'S BEYOND OUR SCOPE.
YEAH, THAT'S BEYOND OUR SCOPE.
I I JUST DID KNOW IF YOU WERE CHANGING ANY OF THE, OF THE, ANYTHING ELSE THAT ENCROACHES IN ANY OF THE SETBACK SIDE OR FRONT YOU'RE NOT.
ONE OF THE THINGS I MENTIONED THIS MORNING TO OUR STAFF WAS ABOUT A ZONING TERM CALLED BLOCK FACE CONTINUITY.
AND THAT IS IF YOU TAKE, IF YOU TAKE THAT STRAIGHT LINE THAT YOU SEE ON THIS SCREEN PANEL HERE AND YOU HAVE SOME SEMBLANCE DOWN YOUR STREET, IS THERE SOME CONTINUITY? SO WHAT IS THE CONTINUITY IF YOU LOOK DOWN YOUR STREET, IF YOU'RE STANDING RIGHT AT THE, THE FACE OF YOUR, OF YOUR HOME? THAT'S A QUESTION AS IN IF I'M STANDING ON MY FRONT PORCH? YES.
IS IT REASONABLY STRAIGHT OR IS IT JUDD IN? ARE YOU STICKING OUT? ONE OF THE CONCERNS WE HAVE ANYTIME WE GRANT A FRONT YARD VARIANCE MM-HMM.
UM, IF YOU STOOD AT THE END OF THE CORNER, SO I I THINK IT'S BASICALLY GOING TWO HOUSES THAT WAY INSTEAD YOU'RE THE NEXT STREET.
UM, I THINK, I WOULDN'T SAY IT'S OUT OF PLACE.
I'M JUST LOOKING AT THE MAP WE WERE GIVEN.
SO IF YOU LOOK AT THE HOME DIRECTLY, IT'S NOT OUT OF PLACE.
I MEAN THE HOME'S BEEN THERE FOR A VERY LONG TIME, BUT THAT OTHER HOMES ARE MORE OR LESS IN LINE WITH WHERE I AM.
I DON'T, I WOULDN'T SAY IT LOOKS WONKY.
THIS ONE MEMBER IS TO MAINTAIN THAT BLOCK FACE CONTINUITY.
AND THAT GOES TO PART OF OUR STANDARD OF NOT CONTRARY TO PUBLIC INTEREST.
UM, DID YOU GET ANY OPPOSITION TO THIS REQUEST FROM ANY OF YOUR NEIGHBORS? NO, NOT A ONE.
WE DIDN'T RECEIVE ANY, I'M JUST ASKING YOU AS AN APPLICANT AND JUST 'CAUSE YOU GOT OPPOSITION DOESN'T MEAN I WOULD BE OPPOSED.
I WOULD THEN SAY, WHAT DID YOU DO ABOUT IT? WHAT WAS, WHAT WAS YOUR FEEDBACK? BUT IF YOU'VE GOT NO OPPOSITION.
THOSE ARE MY QUESTIONS FOR RIGHT NOW.
UH, QUESTIONS FROM THE BOARD, MS. DAVIS, ARE YOU
[00:40:01]
ALSO REBUILDING THE GARAGE OR ARE YOU JUST LETTING IT STAY AS IS LEAVING IT AS IT IS? UH, SO RIGHT NOW THE GARAGE IS ILLEGAL BECAUSE OF, BECAUSE IT'S ALL THE WAY OUT TO THE FENCE, THE SIDE, THERE'S NOTHING UM, THERE'S NO SAFETY REASONS OR ANY OTHER CONSTRUCTION REASONS WHY IT'S ILLEGAL, CORRECT? NO, NOT AS FAR AS I'M, WHY I KNOW.WHAT QUESTIONS FROM THE BOARD FOR THE APPLICANT? OTHER QUESTIONS FOR THE BOARD? FROM THE BOARD FOR THE APPLICANT? HEARING NONE, THE CHAIR WOULD ENTERTAIN A MOTION.
MS. HAYDEN, I SAW YOU REACH FORWARD FROM THE MIC.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D 2 2 3 70 ON APPLICATION OF HANNAH ROGERS GRANT, THE FIVE-FOOT VARIANCE TO THE SIDE YARD SETBACK REGULATIONS AND TWO FOOT VARIANCE TO THE SIDE YARD SETBACK, RE REGULATIONS, UM, REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THE APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED IN THE MANNER OF 2 2 3 0 7 0 FOR THE FIRST MOTION FOR SIDE SIDE YARD SETBACKS AT 5 0 2 7 ALCOTT STREET, MS. HAYDEN MOVED TO GRANT APPROVAL.
IS THERE A SECOND? I'LL SECOND.
MR. HOLCOMB SECONDED THE MOTION, MS. HAYDEN.
SO THE, THE THREE CRITERIA THAT WE LOOK AT ARE NOT CONTRARY TO THE PUBLIC'S INTEREST AND YOU DID NOT RECEIVE, OR WE DID NOT RECEIVE ANY LETTERS OF OPPOSITION FOR THIS.
UM, THE OTHER CRITERIA IS, UH, NECESSARY TO PERMIT DEVELOPMENT OF A SPECIFIC PARCEL OF LAND.
WELL, THE FACT THAT YOU BOUGHT THIS IN THIS CONDITION WITHOUT, UM, PRIOR KNOWLEDGE OF, OF, YOU KNOW, THE, THE, UH, SETBACK ISSUES, UM, AND THEN NOT GRANTED TO RELIEVE A SELF-CREATED HARDSHIP.
AGAIN, YOU BOUGHT THE PROPERTY AS IS AND, UM, YOU'RE NOT MAKING ANY CHANGES OR ENCROACHING ANYMORE INTO THE, INTO THE SETBACKS.
AND THE ONLY CHANGES YOU ARE MAKING ARE TO IMPROVE THE, THE STRUCTURAL INTEGRITY OF, OF THE PORCH.
SO THAT'S WHY I'M, UH, IN FAVOR OF THIS.
MR. HOLCOMB, UH, MS. HAYDEN HIT ALL THE HIGHLIGHTS THAT I WAS GONNA HIT.
ANY OTHER DISCUSSION ON THE MOTION? THIS MOTION IN FRONT OF US IS TO GRANT THE FIVE YARD AND TWO FOOT VARIANCE, UH, SITE FOR THE SIDE YARD SETBACKS BDA 2 2 3 0 7 OH.
THE BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF 2 2 3 0 7 OH FOR THE RE, UH, THE BOARD UNANIMOUSLY BY FIVE TO ZERO GRANTS THE REQUEST FOR FIVE FOOT AND TWO FOOT SIDE YARD VARIANCE MS. HAYDEN SECOND MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 7 0 ON APPLICATION OF HANNAH ROGERS GRANT THE EIGHT FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE SUBMITTED SITE PLAN IS REQUIRED IN THE MATTER OF 2 2 3 0 7 OH AT 5 0 2 7 ALCOTT STREET.
UH, MS. HAYDEN HAS MOVED, UH, TO APPROVE GRANTING AN EIGHT FOOT VARIANCE TO THE FRONT YARD SETBACK.
IS THERE A SECOND? I'LL SECOND.
SECOND AMENDMENT BY MR. HOLCOMB.
MS. HAYDEN, UM, JUST FOR THE REASONS I PREVIOUSLY MENTIONED, I'M IN FAVOR OF THIS MR. HOLCOMB.
I'M VERY SENSITIVE TO BLOCK FACE CONTINUITY AND SO THAT'S WHY I PRESSED YOU TO, FOR WHAT YOUR OPINION UNDER OATH IS AS IT RELATES TO THAT.
UM, EIGHT FEET IS A LOT OF CHANGE OF A FRONT YARD, ESPECIALLY WITH THE REQUIREMENT WITHIN THE, THE N S O NEIGHBORHOOD STABILIZER STABILIZATION ORDINANCE WITHIN YOUR DISTRICT.
SO I'M PARTICULARLY SENSITIVE TO THAT.
I APPRECIATED YOUR POWERPOINT TODAY.
THEY WEREN'T, THEY DIDN'T TIP, TIP THE CART, BUT THEY WERE COMPELLING.
UM, SO I APPRECIATE THAT AND I APPRECIATE YOU TAKING THE TIME AND GOING THROUGH THE PROCESS.
UM, BUT THAT'S A SEPARATE ISSUE, NOT OURS.
SO YES, I'LL BE SUPPORTIVE OF MS. HAYDEN'S.
[00:45:01]
APPROVE MS. BOARD.SECRETARY, WOULD YOU PLEASE CALL FOR THE SECOND VOTE? MS. HAYDEN? AYE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF B D A 2 2 3 0 7 0 AT 5 0 2 7 ALCOTT STREET.
THE BOARD UNANIMOUSLY FIVE TO ZERO.
GRANT YOUR REQUEST FOR AN EIGHT FOOT VARIANCE TO THE FRONT YARD SETBACK.
YOU'LL BE GETTING A LETTER FROM OUR BOARD ADMINISTRATOR SHORTLY.
OKAY, NEXT ITEM ON OUR AGENDA IS BDA 2 2 3 0 5 8 BDA 2 2 3 0 5 8.
THIS IS AT 7 1 2 8 HAZEL ROAD, 7 1 2 8.
HAZEL ROAD IS THE APPLICANT HERE PLEASE COME FORWARD.
OUR, OUR, UM, BOARD SECRETARY WILL SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? SIR, ARE YOU GONNA BE TESTIFYING AS WELL THEN? LET'S HAVE YOU BOTH DO AT THE SAME TIME.
GO AHEAD, START AGAIN, MS. MARY.
DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
BEFORE, UH, YOU START, PLEASE STATE YOUR NAME AND ADDRESS.
7 1 2 8 HAZEL ROAD, DALLAS, TEXAS 7 5 2 1 7.
AND WHAT IS YOUR LAST NAME? AMAYA.
YOU HAVE FIVE MINUTES PLUS OR MINUS.
YOU KNOW, I'M NOT GONNA CUT YOU OFF AT FIVE, BUT TO MAKE, TO PRESENT TO THE BOARD.
AND I DO GREATLY APPRECIATE YOU GUYS' TIME AGAIN TODAY.
UM, BASICALLY WE'RE COMING BACK, UH, THIS TIME.
I DO HAVE, UH, THE APPRAISER WITH ME FOR ANY FURTHER QUESTIONS THAT WE WERE LEFT OFF IN THE LAST MEETING.
I THINK THAT'S WHAT OUR BOARD SECRETARY'S GIVING US RIGHT NOW.
BOARD MEMBERS C CAN YOU HEAR ME HO? HOLD ON ONE SECOND.
ARE YOU GUYS TANDEM? UH, ARE YOU DOING IT BOTH TOGETHER AT THE SAME TIME OR ONE THAN THE OTHER? YOU TELL ME.
HE WILL BASICALLY TAKE OFF AS SOON AS YOU ARE DONE WITH QUESTIONING ME.
ARE YOU GONNA WALK US THROUGH THIS? IS THAT WHAT YOU'RE ABOUT TO DO? YES.
I'M HERE TO ANSWER ANY QUESTIONS YOU HAVE ABOUT MY OPINION OF VALUE OF THE A D U UNIT.
UM, TO BEGIN, MY NAME IS ADAM SIAL.
I'M PRESIDENT OF PRESTON AMHERST VALUATION AND ADVISORY.
I'VE BEEN A REAL ESTATE APPRAISER FOR 18 YEARS NOW ALL OVER THE COUNTRY.
I'M LICENSED IN CALIFORNIA, OKLAHOMA, AND TEXAS.
I HAVE OFFICES IN HOUSTON AND AUSTIN AS WELL.
I SPECIALIZE IN BOTH COMMERCIAL AND RESIDENTIAL APPRAISALS AND I PROVIDE EXPERT WITNESS TESTIMONY ON A REGULAR BASIS FOR MULTIPLE UM, DISPUTES.
SO I'M GONNA WALK YOU, EXCUSE ME, I'M GONNA WALK YOU THROUGH BRIEFLY THROUGH THE REPORT AND FEEL FREE TO ASK ME QUESTIONS AS THEY ARISE.
THE SUBJECT PROPERTY IS AN A D U UNIT ILLEGAL NONCONFORMING USE.
BASED ON MY MEASUREMENTS, IT CONTAINS 958 SQUARE FEET OF GROSS LIVABLE AREA.
IT'S A CLASS D STRUCTURE, CHEAP TO LOW QUALITY.
AND WHEN I SAY CHEAP TO LOW QUALITY, THAT IS REFERENCING MARSHALL AND SWIFT COMMERCIAL COST GUIDE AND A RESIDENTIAL COST GUIDE TO CONSTRUCTION.
THIS IS A THIRD PARTY SOURCE THAT IS HIGHLY RECOGNIZABLE IN MY PROFESSION.
UM, IT IS THE MOST SOUGHT AFTER SOURCE IN ESTIMATING CONSTRUCTION COSTS.
MOVING FORWARD, I'M GONNA GO INTO THE APPROACHES TO VALUE AND THE EXCLUSIONS APPROACHES TO VALUE THAT WERE COMPLETED.
UM, THE VALUE CONTAINED IN THE REPORT IS FOR THE BUILDING IMPROVEMENT ONLY.
IT DOES NOT CONTAIN LAND VALUE.
UH, SO THEREFORE THE COST APPROACH WAS APPLIED.
A SALES COMPARISON APPROACH IS NOT APPLICABLE.
UM, THE ONLY SALE THAT COULD EXIST OF A STRUCTURE WITH LAND NOT ATTACHED WOULD BE A MODULAR UNIT OR PRE-MANUFACTURED HOME.
AND THAT WOULD BE NEW CONSTRUCTION.
AND THEN THE INCOME APPROACH IS NOT CONSIDERED BECAUSE YOU CANNOT DEVELOP A CAPITALIZATION RATE BASED OFF SALES AND INCOME DATA, UM, FROM THE MARKETPLACE.
SO TO ESTIMATE THE CONTRIBUTORY VALUE OF THE A D U UNIT, I IMPLIED THE, I EMPLOYED THE COST APPROACH AND THE FIRST STEP IN THE COST APPROACH IS TO ESTIMATE THE LAND VALUE WHICH HAS BEEN EXCLUDED BECAUSE THAT'S NOT INCLUDED IN THE VALUE ESTIMATE CONTAINED HERE AND IN THE REPORT.
SO IN THE COST ANALYSIS, THE SECOND STEP IS TO ESTIMATE THE REPLACEMENT COST.
NEW OF THE BUILDING IMPROVEMENT, WHICH IS,
[00:50:01]
WHICH IS ABSTRACTED FROM MARSHALL AND SWIFT.THE A D U UNIT IN MY OPINION, IS MOST CONSISTENT WITH GUEST COTTAGES.
AND THE, THE RANGE OF VALUE ON A PRICE PER SQUARE FOOT BASIS IS 69 TO $109 PER SQUARE FOOT.
IN MY OPINION, THE SUBJECT PROPERTY WARRANTS A UNIT VALUE AT THE LOWER END OF THE RANGE DUE TO THE MINIMAL INTERIOR FINISH OUT ON THE FIRST FLOOR.
THERE IS, THERE'S NO FLOOR FINISHINGS, UH, KITCHEN CABINETS ARE MINIMAL, VERY LOW QUALITY.
AND THEN THE, THE FIXTURES, UM, ARE AVERAGED OF AIR QUALITY AS WELL.
AND I WOULD, I WOULD LIKE TO ADD THAT THE 69 TO $109 A PRICE PER SQUARE FOOT IS COST NEW AS IF YOU WERE TO BUILD IT TODAY.
I'M GONNA ASK YOU A QUESTION, DON'T WORRY, I'M NOT GONNA CUT INTO YOUR TIME.
UM, BECAUSE WHAT WE'RE TRYING TO DO IS FOLLOW WHAT YOU'RE SAYING AND I'M NOT FOLLOWING IT, BUT I HAVE QUESTIONS.
IT SHOWS ON HERE AN ASSESSED VALUE AND THAT'S ON PAGE NUMBER, SHOWS UP TWICE.
PAGE SIX SAYS LAND 46,000 IMPROVEMENT 1 57 TOTAL ASSESSMENT 2 0 3.
IS THAT DALLAS COUNTY APPRAISAL DISTRICT? YES.
THAT IS FOR THE AND IS THAT FOR THE BILL? IS THAT FOR THE BUILDING IN FRONT OF THE HOUSE AS WELL AS THE ONE IN THE BACK OR JUST THE ONE IN THE FRONT? IT'S FOR THE ENTIRE PROPERTY.
SO THAT IS ASSESSMENT OF 157,000.
YOU KNOW PER FACT THAT THE APPRAISAL DISTRICT GRABBED BOTH SAY FIND BOTH, YOU KNOW, PER FACT THAT THE APPRAISAL DISTRICT GRABBED BOTH PIECES OF PROPERTY WHEN THEY DID THEIR ASSESSMENT? NO, THIS ASSESSMENT ACCOUNTS FOR THE, THE SINGLE FAMILY RESIDENCE IN FRONT.
NOT THE STRUCTURE IN THE BACK.
SO IT'S NOT ON D AD'S RECORDS, THE ONE IN THE BACK YET.
SO THIS, IN THE APPRAISAL REPORT YOU HAVE TO REPORT CURRENT ASSESSMENTS AND TAX LIE.
YEAH, BUT SO ANYWAYS, THE 1 57, OR SORRY THE 2 0 3 2 40 IS FOR THE PRIMARY RESIDENCE.
PRIMARY RESIDENCE AND, AND THE 23,000 SQUARE FEET OF APPROXIMATE LAND AREA.
SO MOVING FORWARD BACK INTO THE COST APPROACH TO ESTABLISH A VALUE OF THIS A D E AND ARE YOU READING FROM A CERTAIN PAGE WHEN YOU TALK ABOUT COST APPROACH, WHAT PAGE ARE YOU READING FROM? UH, YOU CAN START ON PAGE 27.
SEE I'M SITTING OVER HERE AT 11.
WELL, WE ONLY HAVE FIVE MINUTES, SO I'M TRYING TO NO, NO, I I TOLD YOU A PLUS OR MINUS.
I'M GONNA GIVE YOU PLENTY OF TIME.
I, I WANNA GIVE YOU AND EVERY APPLICANT A FAIR AMOUNT OF TIME TO BE ABLE TO PRESENT YOUR CASE WITHOUT TAKING FROM OTHERS.
SO THIS IS WHAT WE'RE TRYING TO DO.
SO LET'S START ON PAGE 27 THEN.
TO ESTIMATE THE COST NEW OF THE BUILDING IMPROVEMENT, I USED MARSHALL AND SWIFT RESIDENTIAL COST GUIDE, WHICH IS YEP.
AND I HAVE HIGHLIGHTED WHAT I THINK IS THE MOST COMPARABLE COST SCENARIO BREAKDOWN TO THE A D U UNIT, WHICH IS A GUEST COTTAGE.
AND THAT, AND THAT PRICE PER SQUARE FOOT OF NEW BUILDING IS 69 TO $109 A SQUARE FOOT PER THIS PUBLISHED SOURCE.
CONSIDERING ALL FACTORS, IN MY OPINION, THE A D U UNIT WARRANTS A UNIT VALUE AT THE LOWER END OF THE RANGE, OR APPROXIMATELY $75 A SQUARE, SQUARE FOOT DUE TO THE LIMITED INTERIOR FINISH OUT ON THE MAIN LEVEL AND THE LOW QUALITY OF KITCHEN CABINETS THE NEXT STEP IN THE COST APPROACH.
SO, AND I WOULD, I'D LIKE YOU TO FOLLOW ON, IF YOU WERE TO REFER TO PAGE 30, I JUMPED AHEAD OF YOU, BUT I WAS THERE.
YEAH, YOU, YOU COULD, YOU CAN SEE THE, YOU CAN KIND OF SEE THE CALCULATION, YOU'LL SEE BE ABLE TO FOLLOW THE CALCULATIONS HERE.
SO WE'VE ESTABLISHED THE PRICE PERDUE PER SQUARE FOOT OF 75 BUCKS A FOOT, AND THAT EQUATES TO APPROXIMATELY $64,837.
THE NEXT STEP IS TO ADD SITE IMPROVEMENTS.
WELL, THE LANDS ARE NOT VALUED HERE, SO THERE ARE NO SITE IMPROVEMENTS ADDED OR CONTRIBUTORY VALUE.
THE SITE IMPROVEMENTS IS NOT ADDED TO THIS ANALYSIS BECAUSE IT'S FOR THE A D U UNIT ONLY.
EVERY DEVELOPER OR IF YOU BUILD A STRUCTURE, YOU'RE GONNA INCUR SOFT COSTS WITH ENGINEERING, PERMITTING, PLATING, ARCHITECTURAL, THE SOFT COSTS WERE ESTIMATED AT 3090 $3.
THE NEXT STEP AFTER THAT IS TO ESTIMATE DEVELOPERS', UH, PROFIT.
NOW IN THIS CASE, TYPICALLY IN A COMMERCIAL PROPERTY OR, UH, IF A BUILDER TAKES ON A PROPERTY, THEY LIKE TO SEE A 10 TO 30% ENTREPRENEUR PROFIT TO BE APPLIED TO THE COST APPROACH FOR TAKING ON THE ASSOCIATED RISK OF THE PROJECT.
WELL, THIS CASE IT'S AN ILLEGAL NONCONFORMING USE.
SO IN MY OPINION, THERE IS NO ENTREPRENEUR PROFIT BECAUSE NO ONE WOULD BUILD THIS TO MAKE A PROFIT.
THE NEXT STEP IS TO ESTIMATE DEPRECIATION BASED ON CONVERSATIONS.
THE A D U UNIT WAS BUILT 15 YEARS AGO
[00:55:01]
AND I ESTIMATED AN EFFECTIVE AGE OF 12 YEARS.AN EFFECTIVE AGE IS WHEN YOU WALK INTO THE STRUCTURE, HOW DOES IT FEEL? HOW OLD DOES IT FEEL WHEN YOU WALK IN? SO YOU'RE IGNORING THE APPLICANT'S SAYING 15 YEARS.
YOU'RE SAYING YOU'RE ONLY GONNA AMORTIZE OVER OR DEPRECIATE AT 12.
SO IT FEELS NEWER, A LITTLE BIT NEWER THAN ITS ACTUAL AGE.
AFTER YOU ESTIMATE THE EFFECTIVE AGE, YOU HAVE TO DETERMINE THE PHYSICAL LIFE EXPECTANCY OF THE STRUCTURE.
NOW, TYPICAL RESIDENCE IS TYPICALLY 30 TO 60 YEARS.
GUEST COTTAGES, IF YOU REFER TO PAGE ON THIS, ON THIS, THIS MARSHALL SWIFT GUIDE HERE, GUEST COTTAGES HAVE AN ECONOMIC LIFESPAN OF 25 TO 30 YEARS TO ESTIMATE DEPRECIATION.
I USE THE AGE LIFE METHOD WHERE YOU TAKE THE EFFECTIVE AGE DIVIDED BY THE TOTAL LIFESPAN.
SO 12 DIVIDED BY 25 IS 48% DEPRECIATION TO THE BUILDING IMPROVEMENTS AFTER YOU DEDUCT THE, THE 48 DEPRE, 48% FROM THE COST NEW AND ALL THE SOFT COST, IT CALCULATES TO APPROXIMATELY $35,300 FOR THE IMPROVEMENT CONTRIBUTORY VALUE, NO LAND VALUE.
THE NEXT STEP IN THE SCOPE OF THE ASSIGNMENT, AND I'M ASSUMING THAT YOU'RE DOING THIS OR THE APPLICANT IS EN ENGAGING YOU TO DO THIS BECAUSE THERE IS NO DCA VALUE AND THE STATE STATUTE SAYS, UH, UH, A COMPARISON OF AGAINST APPRAISED VALUE STRUCTURE.
SO THIS IS THE APPRAISED VALUE STRUCTURE.
SO THE DEPRECIATED COST OR THE CONTRIBUTORY VALUE OF THE A D U UNIT STANDALONE IS ESTIMATED TO BE 35,300.
THE NEXT STEP, THE NEXT STEP IN THE SCOPE OF WORK FOR MY CLIENT WAS TO ESTIMATE DEMOLITION COST.
NOW DEMOLITION COST IS NOT AS SIMPLE AS JUST COMING IN THERE AND KNOCKING DOWN A BUILDING.
UM, THERE'S SOMETIMES YOU HAVE TO HAVE REMEDIATION.
THERE COULD BE HAZARDOUS MATERIALS BEHIND THE WALLS THAT I'M UNAWARE OF, ET CETERA.
IN ADDITION TO, IT'S A TWO STORY STRUCTURE.
AND TWO STORY STRUCTURES ARE TYPICALLY MORE EXPENSIVE TO D DEMOLISH.
'CAUSE YOU HAVE EXISTING PROPERTIES, YOU'RE GONNA HAVE DEBRIS FALLING, UM, EXTRA CARE NEEDS TO BE TAKEN.
I, I GUESS I COULD SAY TO ESTIMATE THE DEMOLITION COSTS.
AGAIN, I REFERRED TO MARSHALL AND SWIFT, AND YOU'LL SEE ON THIS PAGE HERE WHERE YOU CAN BREAK DOWN WHAT IT COSTS TO DEMO A PROPERTY.
UM, AND THESE, THESE DEMO COSTS, THEY, THEY RANGE GREATLY FROM ABOUT THREE TO $66 A SQUARE FOOT.
THE HIGH END REPRESENTS REMEDIATION.
SO ABOUT THREE TO $25 A FOOT, IF THERE'S NO REMEDIATION.
AND IF THERE IS REMEDIATION, THEN THAT VALUE GOES UP, THEN THE COST GOES UP DRAMATICALLY.
AND THAT'S WHEN YOU GET TO THE, TO THE $66, 50, $66 A SQUARE FOOT.
ALL THINGS CONSIDERED, I ESTIMATED DEMOLITION COSTS BE $20,000 AND THAT INCLUDES DEBRIS REMOVAL AS WELL.
YOU JUST KNOCK IT DOWN AND HAUL IT AWAY FOR A CLEAN SITE, WHICH EQUATES TO APPROXIMATELY $21 A SQUARE FOOT.
AND THAT CONCLUDES MY VALUE OPINION AND HOW I SUPPORTED IT.
AND I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
VERY THOROUGH ONCE WE FIND OUT WHICH PAGE YOU WERE ON, BUT NO, IT'S VERY GOOD.
NO, UH, QUESTIONS FROM THE BOARD FOR THE APPLICANT.
GO AHEAD, MR. HALCOMB, YOU'RE ITCHING.
YOU DIDN'T WANNA BE, FIRST I HAVE A QUESTION FOR STAFF.
SPECIFICALLY QUESTION FOR STAFF, MR. HALCOMB.
UH, UH, MY QUESTION FOR STAFF IS, IS AS IT RELATES TO, TO, UH, STATE LAW HB 1475, DOES THIS REPLACE ONE STANDARD? DOES IT REPLACE ALL THREE STANDARDS? DOES IT REPLACE A SPECIFIC STANDARD? HOW, HOW IS 1475 APPLIED? UM, I GUESS, UH, IN A, I DON'T KNOW, NOT POSITIVE FASHION, BUT IN, IN, IN A FUNCTIONAL FASHION HERE, IT ONLY REPLACES TWO OR B, THE SECOND ONE, WHEN YOU INCORPORATE HB 1475, IT ONLY DEPLETES THAT SECOND ONE.
OTHER QUESTIONS THAT THE BOARD HAS FOR THE APPLICANT? SO I'LL, I'LL GIVE YOU FEEDBACK.
I THINK YOU'VE DELIVERED WHAT WE ASKED BECAUSE OUR QUANDARY LAST MONTH WAS, WOW, THIS IS A STRUCTURE THAT WAS BUILT WITHOUT A PERMIT.
AND YOU WERE IN THE AUDIENCE ON THE CASE TWO AGO.
AND YOU FELT THE, HOPEFULLY FELT THE ANGST.
[01:00:01]
THE MISTAKE.AND, BUT YOU, YOU DID GO THROUGH THE EXERCISE, FORTUNATE OR UNFORTUNATELY, OF GIVING US, AND I WAS, AS HE WAS GOING THROUGH HIS NOVEL HERE, I WAS GOING THROUGH CALCULATING 35,300, WHAT 50% WAS, WHICH IS 17,650.
AND THE, AND I ALREADY WENT AHEAD AND FOUND HIS DEMO NUMBER IN THE BACK.
I ALWAYS WENT AHEAD, THEN WENT BEHIND AND COMPARED THE 20,000 VERSUS THE 17,650, WHICH IS MORE THAN 50%, WHICH COULD TRIGGER THIS IF WE CHOOSE TO UTILIZE IT, IT, THE LAW DOES NOT SAY SHALL, LET'S SAY MAY.
SO WE MAY CONSIDER NOT SHALL CONSIDER, WHICH MEANS IT'S UP TO THE BOARD'S DISCRETION.
BUT I WILL TELL YOU, YOU, I THINK YOU DID WHAT WE ASKED.
'CAUSE THAT WAS OUR QUANDARY LAST MONTH, UH, THIS ONE BOARD MEMBER WAS CONCERNED THAT SOMETHING WAS BUILT WITHOUT A PERMIT AND IT'S BEEN THERE FOR 15 YEARS.
BUT I, BUT IT'S COMPELLING TO ME BOARD MEMBERS THAT I DON'T SEE ONE IOTA OF OPPOSITION.
SO I'LL ASK YOU, AS THE APPLICANT, HAVE YOU RECEIVED ANY, AND YOU'RE UNDER OATH, HAVE YOU RECEIVED ANY OPPOSITION TO THE REQUEST THAT YOU'RE MAKING TODAY? NONE.
SO, UH, YOU KNOW, AND THAT IS PART OF OUR CRITERIA, NOT CONTRARY TO THE PUBLIC INTEREST.
SO, AND THAT'S AN IMPORTANT CRITERIA.
AGAIN, AS I'VE SAID, PREVIOUS CASES, JUST 'CAUSE YOU HAD AN OPPOSITION ONE 10 OR 20, THAT DOESN'T MOVE THE METER, THAT JUST GETS OUR ATTENTION.
THEN WE HAVE TO DEDUCE WHAT THAT OPPOSITION IS AND WEIGHT THAT WITH ALL THE OTHER FACTORS WE HAVE.
SO, BUT THAT IS COMPELLING ALSO THE REPORT PLUS THAT IS COMPELLING ALSO, IT'S ALSO COMPELLING TO ME THAT THIS HAS BEEN 15 YEARS.
WHAT OTHER DISCUSSION? MS, WHAT OTHER QUESTIONS DO WE HAVE OR COMMENTS MS. DAVIS, PLEASE? I'LL WAIT TILL AFTER OUR MOTION.
IS THERE ANYTHING ELSE YOU WANTED TO ADD TO THIS? HE DID A REASONABLY GOOD JOB FOR YOU.
NO, I DIDN'T WANT TO GIVE YOU TOO MUCH CREDIT.
'CAUSE THEN YOU CHARGED HER MORE
IS, ARE THERE ANY SPEAKERS OH, MR. HOLCOMB QUESTIONS? I WAS GONNA ASK YOU.
ANY SPEAKERS? YEAH, I, I I JUST WANTED TO ADDRESS SOMETHING THAT, THAT WE PRETTY MUCH CLEARED LAST TIME TIME.
BUT WANT TO GET ON THE RECORD THIS TIME, WHICH IS IN REGARDS TO THE A D U.
UH, THIS WILL NOT BE USED FOR RENTAL ACCOMMODATIONS.
IT'LL BE DEEDED RESTRICTED TO, TO DO THAT.
AND IT, AND THAT'S ALL CLEAR, CORRECT? THAT IS CORRECT, YES.
JUST WANTED TO MAKE SURE WE DISCUSS THE STANDARDS ON THAT ONE REQUEST.
THAT IS CONSISTENT WITH OUR AUTHORITY.
UH, MS. WILLIAMS, DO WE HAVE ANY SPEAKERS IN OPPOSITION? NO OTHER SPEAKERS, SIR.
UM, THE CHAIR WOULD ENTERTAIN A MOTION.
MR. HOLCOMB, I MOVE THAT THE BOARD OF ADJUSTMENT AND REQUEST NUMBER B D A 2 23 DASH 0 5 8 ON APPLICATION OF BLANCA CARDANIS GRANT, THE REQUEST TO CONSTRUCT AND MAINTAIN AN ADDITIONAL DWELLING UNIT ON A SITE DEVELOPED WITH A SINGLE FAMILY STRUCTURE AS A SPECIAL EXCEPTION TO THE SINGLE FAMILY USE REGULATIONS IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTIES.
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.
YOU ALSO, THE APPLICANT MUST DEEDED RESTRICT, ARE YOU READING ONE OF THREE IO? UH, UH, UH, NO, I JUST MISSED THE LICENSE.
THE APPLICANT MUST DEEDED, RESTRICT THE PROPERTY OR THE SUBJECT PROPERTY PREVENT THE USE OF ADDITIONAL DWELLING UNIT AS RENTAL ACCOMMODATIONS.
THAT'S WHAT I WANTED TO HEAR, ESPECIALLY OF YOUR LAST QUESTION.
IT'S BEEN MOVED BY MR. HOLCOMB IN B D A 2 2 3 0 5 8 TO GRANT THE REQUEST TO CONSTRUCT, TO NOT CONSTRUCT, BUT TO MAINTAIN AN ADDITIONAL DWELLING UNIT.
UM, IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECONDED BY MS. HAYDEN.
THIS ONE'S PRETTY CUT AND DRY.
IF THEY DEEDED RESTRICTED TO NOT ALLOW RENTAL ACCOMMODATIONS AND THERE'S NO OPPOSITION, THEN IT MEETS THE TWO STANDARDS.
AND I, AND I APPRECIATE THAT YOU CAME BACK WITH EXACTLY WHAT WE WERE LOOKING FOR LAST TIME.
SO THANK YOU FOR, UH, DELAYING THE PROCESS A MONTH.
BUT WE, WE APPRECIATE THE ADDITIONAL INFORMATION.
ALTHOUGH I SAID I'M, I YOU'VE DELIVERED WHAT WE, WHAT WE ASKED FOR.
UH, AND I HEAR MS. MS. HAYDEN'S COMMENT AND THANKING YOU AND MR. HOLCOMB'S COMMENT.
I'M STILL DISTRESSED THAT A, THAT A, A STRUCTURE WAS BUILT WITHOUT A PERMIT AND BEYOND THE NORMS OF WHAT THE CITY COUNCIL ESTABLISHES WITHIN A RESIDENTIAL ZONING DISTRICT.
AND THERE ARE RULES AS IT RELATES TO SETBACK HEIGHTS, SQUARE FOOTAGE IN AN R SEVEN FIVE DISTRICT.
[01:05:01]
AND, UM, UM, WE DEAL WITH EACH CASE SEPARATELY.NO, NO DECISION THAT THE BOARD ESTABLISHES, SETS A PRECEDENT, BUT IT'S DISCONCERTING.
SO, AND, AND YOU'RE LUCKY THAT THERE'S NO OPPOSITION BECAUSE THE OPPOSITION OPENS THE QUESTION TO.
REALLY? SHOULD WE, SO I WILL SUPPORT THE MOTION, UM, BECAUSE OF EVERYTHING I JUST SAID AND BECAUSE OF WHAT I'VE SAID EARLIER TODAY.
SO, MS. DAVIS, I'M STRUGGLING WITH THIS ONE JUST BECAUSE AGAIN, I, I DON'T AGREE WITH, UH, SAYING OKAY TO SOMETHING THAT WAS ALREADY BILLED AND NOT PERMITTED.
I KNOW EVERY CASE IS DIFFERENT.
IT'S BEEN 15 YEARS AND AGAIN, LIKE EVERYONE ELSE HAS MENTIONED, YOU'VE DONE YOUR DUE DILIGENCE.
SO THAT REALLY SPEAKS VOLUMES WHEN YOU GO, WHEN WE'RE ASKING FOR MORE INFORMATION AND THE APPLICANT GOES BACK.
I MEAN, YOU REALLY WENT ABOVE AND BEYOND.
SO I DO APPRECIATE ALL OF THAT.
THIS IS GONNA BE A LAST MINUTE DECISION FOR ME.
ANY OTHER DISCUSSION ON THE MOTION TO GRANT? THIS IS ONE OF THREE MOTIONS.
THIS IS THE, THIS IS, THIS MOTION IS TO GRANT FOR THE A D U A D U.
THE BOARD SECRETARY WILL CALL FOR THE VOTE, PLEASE.
THIS IS, THIS IS A MOTION TO APPROVE THE A D U.
MS. DAVIS STATE TO YOUR GUNS? NO.
MOTION PASSES FOUR TO ONE IN THE MATTER OF 2 2 3 0 5 8 AT 7 1 2 8 HAZEL ROAD.
THE BOARD APPROVED YOUR REQUEST.
WE GRANTED YOUR REQUEST FOR THE ADDITIONAL DWELLING UNIT BY A VOTE OF FOUR TO ONE.
MR. MAHOM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 2 3 DASH 0 5 8 ON APPLICATION OF BLANCA CARDENAS GRANT, THE 995 SQUARE FOOT VARIANCE TO THE FLOOR AREA RATIO REGULATIONS REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE COMPLIANCE WAS SUBMITTED.
IT'S BEEN MOVED BY MR. HOLCOMB IN 2 2 3 0 5 8, UH, WHICH IS AT 7 1 2 8 HAZEL ROAD TO GRANT THE REQUEST FOR THE 995 SQUARE FOOT VARIANCE OF FLOOR A RATIO.
IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECONDED BY MS. HAYDEN.
MR. HOLCOMB? UH, I, IN MY OPINION ANYWAYS, I'M AVAILING MYSELF TO THE 1475, UH, TO, TO MEET THE STANDARD BASED ON, UM, THE COST IT WOULD TAKE TO DEMO, UH, AND COME INTO COMPLIANCE AND, AND THAT WAS MY ONE CONCERN IN, IN THIS PARTICULAR CASE.
MS. HAYDEN, I AGREE WITH WHAT WAS JUST SAID.
ANY OTHER DISCUSSION ON THE MOTION? MS. BOARD SECRETARY CALL FOR THE VOTE ON MOTION.
THIS IS TO APPROVE THE SQUARE FOOTAGE VARIANCE.
OKAY, UH, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 2 3 DASH FIVE EIGHT ON APPLICATION OF BLANCA CARDENAS GRANT THE SIX FOOT VARIANCE OF THE MAXIMUM HEIGHT REGULATIONS REQUESTED BY THIS APPLICANT BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE PHYSICAL CHARACTER OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT.
I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH A SUBMITTED SITE PLAN IS REQUIRED IN THE CASE OF B D A 2 2 3 0 5 8 AT 7 1 2 8 HAZEL ROAD, MR. HALCOMB MOVES TO GRANT THE SIX FOOT VARIANCE TO THE HEIGHT RESTRICTIONS REGULATIONS.
IS THERE A SECOND? I'LL SECOND.
MR. HALCOMB? UH, AGAIN, I'M AVAILING MYSELF OF 1475 TO HELP MEET THE, UM, REQUIREMENTS FOR THIS, UH, VARIANCE.
ANY OTHER DISCUSSION? BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION PASSES FOUR TO ONE IN THE MATTER OF B D A 2 2 3 0 5 8.
THE BOARD, THE BOARD ON A VOTE OF FOUR TO ONE, GRANTED THE SIX FOOT VARIANCE TO THE MAXIMUM HEIGHT REGULATIONS, UH, FOR 6 1 7 1 2 8
[01:10:01]
HAZEL ROAD.YOU'LL BE GETTING A LETTER LETTERS.
YOU HAVE HAD THREE REQUESTS FROM OUR BOARD ADMINISTRATOR.
OKAY, WE HAVE THREE REMAINING CASES FOR TODAY.
THE NEXT CASE, UH, BEFORE THE BOARD IS B D 2 2 3 0 6 6 BDA 2 2 3 0 6 6.
THIS IS AT 5 5 1 8 WINSTON COURT.
5 5 1 8 WINSTON COURT IS THE APPLICANT PRESENT? YES SIR.
UH, IF YOU WOULD KINDLY, THERE YOU GO.
DO THE, DO MS. WILLIAMS, DO YOU SWEAR? I'M SORRY.
DO YOU SWEAR? YEAH, HE SWEARS.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
3 9 0 4 ELM STREET, SUITE B DALLAS.
HERE REPRESENTING THE PROPERTY OWNER.
YOU HAVE FIVE MINUTES TO ADDRESS THE BOARD AND YOU'LL HAVE A FIVE MINUTE REBUTTAL IS OUR STANDARD RULES.
I DON'T KNOW IF THERE ARE ANY OTHER SPEAKERS TODAY.
SO LET ME, LET ME VERIFY THAT.
ARE THERE OTHER SPEAKERS TODAY, MS. WILLIAMS? THERE'S ONE ONLINE IN OPPOSITION.
OKAY, SO WE HAVE ONE IN OPPOSITION.
SO ANYTIME I GIVE YOU ON YOUR REGULAR SPEAK, UH, REGULAR PRESENTATION, I NEED TO EQUAL TO THE OPPOSITION.
THE REBUTTAL STILL IS YOURS CONSISTENT WITH OUR RULES.
SO, UH, FIVE MINUTES PLUS OR MINUS YOU MAY PROCEED.
UM, I WAS HERE BEFORE YOU LAST MONTH.
I HAVE A, A PRESENTATION IF YOU WANNA SEE IT.
SO THIS IS CASE BDA 2 2 3 0 6 6 AT 55 18 WINSTON COURT.
IT'S UP IN, UH, PRESTON HOLLOW.
UM, WOULD YOU GO BACK TO THAT ONE SLIDE? I WON'T TAKE TIME AWAY FROM YOU.
MR. POOL, DO YOU SEE THIS MAP? PLEASE, PLEASE, PLEASE.
THIS WOULD BE VERY HELPFUL FOR US BECAUSE AS WE GET CASES EACH MONTH, WE TRY TO SAY, OKAY, WHAT PART OF THE CITY REMEMBER THE CASE IN SOUTHEAST DALLAS? WE WERE GOING, OKAY, IT'S NORTH OF I 20.
IT'S THIS PLACE, THAT PLACE, YOU KNOW, PLAINVIEW AND ALL THAT.
THIS SORT OF MAP GIVES US GEOGRAPHY.
I JUST WANT TO USE AN EXAMPLE TO, TO THE BOSS MAN OVER THERE.
I GUESS IT BETTER BE A GOOD EXAMPLE THAN A HORRIBLE WARNING.
SO THIS IS THE PROPERTY AS, AS WE DISCUSSED LAST MONTH, UM, A YEAR AND A HALF, ALMOST TWO YEARS AGO, UH, THERE WAS A SPECIAL EXCEPTION, UH, APPROVED FOR FENCE ON THIS PROPERTY.
UM, IT TURNED OUT THAT, UH, IT WENT AND GOT A PERMIT FOR THE FENCE AND IT'S AN ISSUE.
WE STARTED CONSTRUCTION AND, AND WERE TOLD BY INSPECTOR THAT WE HAD A PORTION OF THE FENCE, UH, IN THE, UH, CITY RIGHT AWAY.
SO WE FILED FOR A TWO YEAR WAIVER TO COME BACK AND TRY TO RESOLVE THE SITE PLAN TO TAKE THE FENCE OUT OF THE, THIS, UH, THE, THE PROPERTY.
SO WE DIDN'T HAVE TO GO GET A, A PRIVATE LICENSE.
UM, DURING THAT TIME, UH, THE PROPERTY OWNER HIRED A NEW LANDSCAPE ARCHITECT WHO'S BEHIND ME HERE, WHO CAN SPEAK IF YOU HAVE ANY QUESTIONS ON THAT, WHO CAME UP WITH A, A NEW DESIGN FOR THE FENCE.
UH, THE, AS MR. HOLCOMB BROUGHT UP EARLIER, THE ONLY PLACE WE HAVE SOLID FENCE IS RIGHT ON THE OTHER, ON THE WING WALLS ON EITHER SIDE OF THE GATES.
THE, THE NEW DESIGN ALSO REMOVES SEVERAL OF THE COLUMNS ALONG THE STREET FRONTAGES THAT, UM, WOULD ALSO REDUCE THE AMOUNT OF SOLID AREA.
UM, AND WE'RE WE'RE MOVING ONE DRIVEWAY ALONG HOLLOWAY AND RELOCATING ONE ON WINSTON COURT.
SO AT THEIR LAST MEETING, WE WERE ALSO ASKING FOR INCREASE IN HEIGHT FOR THE FENCE AND THE GATES THAN WHAT WAS PREVIOUSLY APPROVED.
WE, I HEARD AT THE, THE LAST MEETING THAT THAT WAS PROBABLY NOT A GOOD IDEA.
AND SO WE'VE BROUGHT BACK, UH, THE REQUEST TODAY.
UM, TO NEXT SLIDE AGAIN PLEASE.
SO WHAT WE'VE DONE IS, UH, WE'VE LOWERED THE HEIGHT OF THE FENCE AT THE GATE BY, UH, EIGHT 11 INCHES.
SO WE'VE LOWERED THE HEIGHT FROM EIGHT AND EIGHT FEET, 11 INCHES TO EIGHT FEET TO MATCH WHAT WAS PREVIOUSLY APPROVED.
WE'VE LOWERED THE HEIGHT OF THE FENCE PANELS FROM SIX AND A HALF FEET TO FIVE FOOT SEVEN TO MATCH WHAT WAS PREVIOUSLY APPROVED.
UM, AND THE SITE PLAN ESSENTIALLY STAYS THE SAME FROM WHAT YOU SAW LAST, LAST WEEK.
[01:15:01]
OUT OF THE RIGHT OF WAY NOW.I SEE IT'S OUT OF THE RIGHT OF WAY.
SO THAT'S WHAT YOU, YOU, YOU SAW LAST MONTH.
THESE ARE THE SLIDES OF THE, THE PROPERTY.
AND THIS FENCE HAS BEEN PERMITTED, SO ANY CONSTRUCTION YOU SEE ON THE ON THE FENCE HAS BEEN DONE WITH A PERMIT.
UH, THIS WAS A PREVIOUSLY APPROVED SITE PLAN THAT, UH, HAD THE ITEMS ON THE RIGHT HAND SIDE IN THE, THE HOLLOWAY RIGHT AWAY.
AND THESE ARE THE PREVIOUSLY APPROVED ELEVATIONS.
WERE MATCHING THE HEIGHT, BUT THE DEFENSE IS BECOMING A LITTLE LESS ORNATE.
THIS IS A, A DETAIL OF THE GATES LAST TIME.
NEXT, UH, WAS ORIGINALLY APPROVED.
SO AS YOU CAN SEE HERE, WE'VE MOVED A DRIVEWAY ALONG WINSTON TO THE WEST.
WE'VE REMOVED A DRIVEWAY ON, ON THE, UM, ON HOLLOWAY.
AND THEN, UH, BROUGHT THE FENCE OUTTA THE RIGHT OF WAY.
SO THESE ARE, UH, THE REVISED FENCE ELEVATIONS THAT HAVE BEEN TURNED IN.
HAVE YOU, DID YOU GUYS GET A COPY OF THOSE IN, IN YOUR PACKET? SO, UM, SAME HEIGHT AS WHAT'S CURRENTLY APPROVED.
WE'VE INCREASED THE OPACITY FROM 62 TO 68% OF THE FENCE THAT WAS ORIGINALLY APPROVED.
AND, UH, WE HOPE YOU CAN SUPPORT THIS.
UM, LIKE I SAID, I HAVE THE LANDSCAPE ARCHITECT HERE TO ANSWER ANY TECHNICAL QUESTIONS YOU MAY HAVE, BUT AT OUR LAST MEETING, I, I HEARD THAT, UH, YOU WOULD LIKE TO SEE DEFENSE GO BACK TO ITS ORIGINAL HEIGHT.
AND SO THAT'S WHAT WE'VE DONE.
I HAVE A COUPLE QUESTIONS FOR YOU.
THANK YOU FOR, THANK YOU FOR, UM, UPDATING BASED ON SOME FEEDBACK.
UM, IT WAS NOTEWORTHY IN OUR BRIEFING THIS MORNING THAT THE STAFF REPORTED THAT LAST MONTH THERE WAS ONE FEEDBACK FROM A NEIGHBOR.
I THINK HE'S GONNA BE SPEAKING IN OPPOSITION IN A SECOND.
THAT WE'RE, THAT WE, WE GET THE MAP AND I ALWAYS COLOR CODE.
SO I HAVE A VISUAL OF WHAT THE, THE, OF WHAT THE SURROUNDING PROPERTY OWNERS, AS I'VE SAID IN PREVIOUS CASES, I'LL SAY AGAIN HERE.
SO IT'S CONSISTENT AND APPLICABLE.
OPPOSITION DOESN'T FOR ME MEAN I VOTE.
NO OPPOSITION JUST RAISES ATTENTION TO SEE WHAT'S GOING ON, WHY AND HOW THAT OPPOSITION IS DEALT WITH BY THE PROPERTY OWNER.
AND SO MY, I ASK THE QUESTION, WHAT HAVE YOU OR THE PROPERTY ARE DONE TO TRY TO MITIGATE THE CONCERNS OF, NOW IT'S FOUR ADJACENT PROPERTY OWNERS WITHIN OUR 200 FEET NOTIFICATION AREA.
I DIDN'T KNOW OF THE NEW OPPOSITION UNTIL TODAY.
AND, UH, I'LL LET, UH, HAROLD, IF HE WANTS TO COME DOWN AND TALK, HE, HE MET WITH THE, THE PROPERTY OWNER WAS, UH, ACROSS THE STREET.
THERE WAS AN OPPOSITION, UH, AFTER THE MEETING LAST TIME.
IN FACT, HE GAVE HIM A RIDE HOME AND TALKED ABOUT THE FENCE ALL THE WAY, WAY HOME.
I DON'T THINK THAT THAT CHANGED ANYBODY'S MIND.
UM, BUT, UH, WE HAD TALKED TO HIM.
UH, SO, UM, AGAIN, YOU KNOW, THIS IS THE FIRST TIME WE CAME THROUGH WITH THE FENCE.
THERE WAS NO OPPOSITION TO IT.
UM, FIRST TIME BEING TWO YEARS AGO.
I THINK THAT'S WHAT MAYBE WEARING DOWN THE NEIGHBORS.
WELL, I THINK THE CONS, IT'S, THE HOUSE HAS BEEN A CONSTRUCTION FOR A VERY LONG TIME AND I THINK THAT'S VERY ENTIRELY THAT MAY W DOWN THE NEIGHBORS.
SO WHAT HAVE YOU AS THE APPLICANT DONE TO ASSUAGE OR MITIGATE THAT CONCERN ABOUT THE CONSTRUCTION? ABOUT ALL THE ABOVE? WELL, WE'VE LOWERED THE HEIGHT OF THE FENCE.
UM, WE'VE REDUCED THE DRIVEWAY AND, UH, WE ARE TRYING TO GET THE HOUSE FIXED, UH, CONSTRUCTED AS QUICKLY AS POSSIBLE.
I THINK WE'RE GETTING TOWARDS THE END OF IT.
HAS THERE BEEN ANY CONVERSATION BETWEEN YOU REPRESENTING THE PROPERTY OWNER AND THOSE SURROUNDING PROPERTY OWNERS? I, I'VE, I'VE NOT SPOKEN TO HIM.
THAT IS A, AS YOU WILL VERY WELL KNOW, YOU'RE A SEMI-REGULAR HERE.
THAT IS PART AND PARCEL OF WHAT WE ALWAYS ASK IS HOW ARE YOU ENGAGING WITH YOUR SURROUNDING PROPERTY OWNERS, ESPECIALLY WHEN THEY'RE IN OPPOSITION.
BECAUSE PART OF OUR CRITERIA GOES TO THE ISSUE OF, GOES TO THE ISSUE OF I WANT TO READ IT.
UM, NOT CONTRARY TO PUBLIC INTEREST.
SO YEAH, LIKE I SAID, WE KNEW ABOUT THE OPPOSITION FROM OUR NEIGHBOR ACROSS THE STREET LAST TIME.
AND, UH, MR. LEIDNER, UH, SPOKE WITH THAT GENTLEMAN.
I DIDN'T KNOW OF THE OTHER, UH, NEW OPPOSITION UNTIL THE BRIEFING SESSION THIS MORNING.
DID THIS GENTLEMAN WANNA SPEAK AS WELL? YES.
DID YOU FILL OUT YOUR BLUE, BLUE PAPER? YES SIR.
MAKE SURE YOU TURN IT INTO OUR BOARD SECRETARY
[01:20:01]
AND THEN COME AND YOU NEED TO BE SWORN IN AS WELL.MS. WILLIAMS, IF YOU DO THE, DO DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE PROCEED WITH YOUR NAME AND ADDRESS.
IT'S HAROLD LEIDNER AND MY ADDRESS IS 16 0 1 SURVEYOR BOULEVARD, CARROLLTON, TEXAS.
UM, AND I JUST, EVERYTHING ROB SAID WAS A HUNDRED PERCENT AGREED.
WE, WE DID GIVE, UH, THE GENTLEMAN ACROSS THE STREET A RIDE HOME AND WE HAD A GREAT CONVERSATION.
UM, I HADN'T ACTUALLY NEVER MET HIM.
UH, BUT UM, I AGREE WE'VE, I'M OUT THERE EVERY DAY AND I'VE NEVER HAD ANYBODY, I MEAN, I, I GET IT.
UH, I PICKED UP THE PROJECT WAS SOMEWHAT A BIT INTERESTING.
Y'ALL GRANTED A VARIANCE FOR THIS SAME GENTLEMAN IN THE SAME ADDRESS BEFORE 20 YEARS AGO.
HE JUST ACQUIRED THE NEXT PROPERTY.
AND, UH, THAT'S FROM THE NEW VARIANCES.
SO HE'S HAD A, IT'S NOT LIKE BREAKING NEWS.
HE'S NOT HAD A FENCE ON THIS PROPERTY.
HE'S, I DID IT ROB, HELP ME 18, 20 YEARS AGO.
AND WE PUT A FENCE AROUND HALF THE PROPERTY BACK THEN AND THE GATE'S IN THE SAME SPOT.
SO I I I GET THIS CONSTRUCTION FATIGUE.
BUT LONG STORY SHORT, HE ACQUIRED THE NEXT PROPERTY.
HE HIMSELF TRIED TO BUILD THIS GIGANTIC PROPERTY 'CAUSE HE WAS RETIRED, UH, THREE, FOUR OR FIVE YEARS INTO IT, VERY DEEPLY INTO IT.
HE REENGAGED ME WITHIN THE LAST YEAR.
HE, HE THREW UP HIS HANDS IT'S WAY ABOVE HIS PAY GRADE
AND SO HE ASKED ME TO FINISH IT.
AND THAT'S WHAT WE'RE, WE'RE AGGRESSIVELY TRYING TO DO IS FINISH IT.
UM, WE'VE HAD, I'M, LIKE I SAID, I'M THERE EVERY DAY.
I'VE HAD NOBODY BESIDES THE PEOPLE DIRECTLY ACROSS THE, THE GENTLEMAN THAT WAS HERE LAST, UH, HEARING SAY ANYTHING.
BUT WE ARE, I THINK WE, IT JUST, THERE'S A LOT TO DO, BUT WE'VE, WE'VE ACCOMPLISHED A LOT.
SO IT'S, UH, WE'RE, HE'S, HE, THE OWNER'S MOTIVATED TO FINISH AND HE'S HIRED ME TO DO THAT ON HIS BEHALF.
ANY QUESTIONS? WELL, IS THERE ANYONE ELSE THAT YOU'RE WANTING TO SPEAK IN FAVOR? JUST THE TWO OF YOU.
AND SIR, WHAT IS YOUR NAME AGAIN? HAROLD LEIDNER.
QUESTIONS FROM THE BOARD FOR THE APPLICANT? MS. HAYDEN? I, I'M TRYING TO REMEMBER THE, THE PHOTOGRAPHS FROM THE NEIGHBORHOOD.
ARE THERE OTHER NEIGHBORS OR DO YOU HAVE PICTURES THAT SHOW A, A SIMILAR FENCE IN THE SAME BLOCK ON THE SAME STREET THAT EXCEEDS THE HEIGHT AND THE OPACITY? THERE'S, UH, TALLER FENCES ACROSS THE STREET, BUT THERE'S NOT ONE IN IMMEDIATE ON EITHER SIDE OF US ON THIS.
UM, YOU KNOW, PRESTON HOLLOW, SOME, SOME BLOCKS HAVE A LOT OF 'EM, SOME HAVE NONE.
AND WE'RE IN, WE'RE IN THE MIXTURE PART.
OTHER QUESTIONS? OTHER QUESTIONS? NO OTHER QUESTIONS? OKAY.
UH, MS. WILLIAMS, DO WE HAVE, UH, ANY SPEAKERS IN OPPOSITION? UH, YES, SIR.
MR. JAMES ELBAR, CAN YOU PLEASE TURN ON YOUR CAMERA AND YOUR SPEAKER? CAN YOU HEAR ME? WE CAN, WE CAN HEAR YOU.
I NEED, I NEED TO SWEAR YOU IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, I DO.
PLEASE STATE YOUR NAME AND ADDRESS.
UH, JAMES ELBAR, MD 55 0 7 WINSTON COURT, DALLAS, TEXAS 7 5 2 2 OH.
YOU HAVE FIVE MINUTES TO, UM, ADDRESS THE BOARD.
[01:25:04]
SIR, YOU'RE, WE'RE LOSING YOU MR. JAMES.
I UNDERSTAND YOU RETURN TO VOLUME HIM UP.
WE NEED TO BE ABLE TO SEE YOU.
SHOULD I CALL IN OR NO? SHOULD I CALL
WE SEE YOU, BUT TRY, CAN YOU TRY AGAIN? CAN YOU TRY AGAIN? WE CAN'T SEE YOU.
WE NEED TO BE ABLE TO SEE YOU.
I'M TRYING BECAUSE I SEE MY, I'M I'M ON THE CAMERA THOUGH.
TWO LETTERS ALSO, HALLEY'S, UH, LIVE ACROSS THE WAY.
AND THAT THEY, HE HAD A MEDICAL ISSUE THEY HAD TO GO TO TODAY WAS WHY NUMBER TO THE OF THE FENCE.
NUMBER TWO, WE OBJECT TO INCREASING THE OPACITY OF THE FENCE.
MAY LOOK LIKE A PENITENTIARY TREE.
AND WE HAVE
UH, WE OBJECT TO A DRIVEWAY BETWEEN THE DRIVEWAY AND HOLLOWAY.
YOU NEED TO BE ABLE TO BE, WE NEED TO BE ABLE TO SEE YOU.
I SEE YOU, BUT IT GETS CUT OFF.
WHERE DO WANT ME TO START? I BELIEVE YOU WERE NUMBER TWO.
IT'S ABOUT THE, TO THE HEIGHT.
DID YOU HEAR ME TALK? THE NEIGHBORS ALSO THAT OBJECT THAT, UH, TOLD ME THAT NOT COME TODAY.
I'M NOT, CAN YOU SEE ME NOW? YES.
UM, NUMBER ONE, HALLEY'S, OUR NEIGHBORS ALSO
UM, UH, TODAY THEY HAD THE STATE, BUT NUMBER TWO, HE OBJECTED I TO THE FENCE.
BUT YOU KEEP GETTING YOUR, YOUR VIDEO CLIPS GETTING CUT AND WE CAN'T BARELY I KNOW WHAT I'LL DO.
LEMME MOVE TO A DIFFERENT PART.
MAYBE IT'S THE, IT'S THE, UH, VIDEO, THE WIRELESS HERE.
I'M THINKING MAYBE IT'S THE WIRELESS.
[01:30:01]
YES, SIR.NUMBER ONE, THE HALLEY'S ARE NEXT DOOR NEIGHBORS.
THEY, ACROSS THE WAY, THEY COULD NOT COME.
THEY OBJECT BUT COULD NOT COME, UH, COME BECAUSE HE HAD A MEDICAL ISSUE HE HAD TO ATTEND TODAY.
UM, NUMBER TWO IS WE OBJECT TO THE INCREASED HEIGHT OF THE FENCE.
WE THINK THIS, UH, IS NOT NEEDED.
THERE'S OTHER WAYS TO HANDLE, UH, SECURITY IF THEY WANT IT, WE OBJECT TO AN OPACITY OF THE FENCE INCREASE.
WE THINK THIS WILL MAKE IT LOOK LIKE A PENITENTIARY IN THE AREA.
WE ALSO WONDER IF THIS IS BECAUSE HE'S HIDING THAT HE HAS ALL THESE APARTMENTS ON, ON THE, UH, SITE WHERE LIKE, UH, FOUR OR FIVE FULL APARTMENTS WITH BATHS, WHICH IS AGAINST CITY CODE.
UM, WE OBJECT TO THE DRIVEWAY.
HE WANTS TO MOVE A DRIVEWAY ON HOLLOWAY.
HE'S TOLD US FOR A LONG TIME THAT HE WOULD NEVER HAVE A DRIVEWAY FACING, UM, UH, FACING US THAT HIS ORIGINAL DRIVEWAY WOULD REMAIN.
YET NOW THEY'RE TALKING ABOUT PUTTING A DRIVEWAY RIGHT IN FRONT OF US.
UM, AND THIS HAS BEEN GOING ON FOR, UH, FIVE PLUS YEARS.
AND THEY, THE REASON IT KEEPS GOING ON IS BECAUSE THEY KEEP CHANGING THEIR PLANS.
THEY PUT IN THINGS AND THEN CHANGE AND DROP AND DESTROY THEM AND THEN REBUILD.
I MEAN, THIS IS GOING ON OUT INFINITUM AND WITHOUT ANY LET UP.
AND THEY'RE, UH, CONTRACT OR THEIR, UH, ARCHITECT JUST TOLD YOU THAT HE WANTS TO GET THIS DONE.
WELL, THEY KEEP BUILDING THINGS OR DOING THINGS AND THEN THEY KNOCK 'EM DOWN AND RESTART OVER OTHER THINGS.
UM, CONSTANTLY ROLLING IT OVER.
ANYTHING ELSE? NO, THAT, THAT, THAT'S, I THINK THAT SUMS IT UP.
WELL, I VERY MUCH APPRECIATE THANK YOU.
I, I APPRECIATE YOU BEING WITH US LAST MONTH AND ALSO TAKING THANK YOU.
TAKING THE TIME TO COMING BACK.
THE, THE, UH, TESTIFYING, UH, ELECTRONICALLY IS A CHALLENGE.
THAT'S WHY I ALWAYS STRONGLY ENCOURAGE APPLICANTS AND NEIGHBORS TO COME IN PERSON IF AT ALL POSSIBLE.
BUT WE DID FINALLY GET THE SUBSTANCE OF YOUR CONCERNS TODAY.
ALRIGHT, SO, UH, DO WE HAVE ANY QUESTIONS FOR, UH, THE DOCTOR WHO JUST SPOKE? OKAY.
UM, OKAY, MR. BALDWIN, I HAVE QUESTIONS FOR YOU.
OH, WELL, I CAN EITHER DO QUESTIONS FOR YOU.
YOU STILL HAVE FIVE MINUTES REBUTTAL.
SO YOU WANT ME TO DO YOUR QUESTIONS? SO YOU STILL HAVE YOUR FIVE MINUTES? LET'S DO THAT BECAUSE YOU HAVE BY OUR RULES, THE APPLICANT HAS FIVE MINUTES.
YEAH, BECAUSE YOU MAY, MAY WANNA ANSWER IT ALSO IN THE REBUTTAL
I'M A PAPER GUY, SO I KEEP EVERYTHING THAT PEOPLE GIVE ME.
IN THE PREVIOUS CASE, LAST MONTH, AND I MADE MY NOTES HERE AND SO FORTH, AND, AND LAST MONTH YOU GAVE US THE POWERPOINT, YOU KNOW, FOR VISUAL, NOT FOR READING FOR VISUAL.
AND SO, UM, I'VE CIRCULATED AMONGST MY PANEL MEMBERS, I'M SAYING THIS ON THE RECORD, THE POWER, THE PRINTED POWERPOINT PORTION THAT YOU GAVE US LAST MONTH, JUST TO LOOK AT THE SURROUNDING NEIGHBORHOOD.
ANOTHER DIRECTION THAT'S AT AN INTERSECTION AND THIS ONE DOWN THIS STREET.
AND IT'S CONCERNING BECAUSE I DON'T SEE FENCES.
I SEE FOUR FEET, THREE FEET FENCES.
AND YET I SEE THIS REQUEST OF YOURS, THIS GIGANTIC EIGHT FOOT FENCE CREATING A COMPOUND EFFECT AROUND THIS LARGE BLOCK.
SO I'M JUST GIVING YOU, I'M THROWING THAT AT YOU REACTING TO YOUR PICTURES.
RIGHT? AND THE PICTURES WE HAD FROM OUR BRIEFING THIS MORNING, AND I'M SAYING, HMM, HOW IS THIS CONSISTENT OR NOT CONSISTENT WITH THE NEIGHBORHOOD? UM, OUR CRITERIA AGAIN IS WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO THAT'S WHAT I'M ZEROING IN ON.
THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
AND AT THE START OF THE HEARING TODAY, I ASKED YOU THE QUESTION ABOUT THE OPPOSITION.
IT'S NOW FOUR FOUR DOESN'T KILL OR, OR MAKE
[01:35:01]
THE DEAL.IT'S JUST AS FOUR IS GREATER THAN ONE.
SO KEEP IN MIND WHAT WE'RE PROPOSING TODAY IS THE SAME HEIGHT, WHAT WE HAVE RIGHT.
NOW I'M GONNA SEND BACK TO YOU.
TRY IT, TRY TO GO GET THAT PERMIT BUILD ON.
IT'S ALREADY AN ISSUE, BUT, BUT YOU CAN'T BUILD ON THE CITY RIGHT OF WAY.
SO I, I WOULD CAUTION YOU OF THREATENING US BACK SAYING, WELL, WE'RE JUST GONNA GO AND DO WHAT YOU APPROVED.
CLEARLY WE SHOULDN'T HAVE DONE THAT.
AND SHAME ON THE BOARD AND THE STAFF.
AND WE TAKE EQUAL RESPONSIBILITY FOR THAT.
MR. POOLEY, YOU'RE LISTENING TO THAT AND, 'CAUSE I'M EMBARRASSED THAT WE APPROVED SOMETHING WE SHOULD NEVER HAVE APPROVED.
AND WE'LL GET TO THE BOTTOM OF WHAT, HOW THAT GOT MISSED BY STAFF AND THE BOARD.
BUT DON'T KEEP THREATENING US THAT YOU'LL BUILD ON THAT.
BECAUSE THEN, AND AS YOU HEARD THE STAFF AT THIS MORNING'S BRIEFING, I THINK SHE SAID RARELY OR IS THAT WHAT YOUR TERM WAS, MS. DUNN? SHE SAID RARELY.
SO DON'T THREATEN US BY SAYING WE HAVE THIS ALREADY, BECAUSE QUITE HONESTLY YOU DON'T.
WELL, IF YOU DO, THEN WHY ARE YOU HERE? SO I'M GONNA SAY AGAIN, I'LL REPEAT AGAIN.
MY WIFE SAYS I REPEAT MYSELF ALL THE TIME.
I'M LOOKING AT THE NEIGHBORHOOD AND I'M SEEING THE OPPOSITION AND I'M GOING, OKAY, HOW IS THIS, HOW IS THIS NOT ADVERSELY AFFECTING THE NEIGHBORHOOD? NOW I'M ALL EARS.
DO YOU WANT TO START AGAIN? OKAY.
FIRST OF ALL, I'D LIKE TO POINT OUT IF, IF WHAT I WAS SAYING ABOUT HAVING A PERMIT ISSUED FOR THIS PROPERTY WAS A THREAT, I APOLOGIZE.
'CAUSE THAT WAS NOT THE INTENTION SAYING, WELL WE GOT THE PERMIT, WE'RE GONNA BUILD IT.
CAN I FINISH PLEASE? IN ORDER TO BUILD IT, WE MAY HAVE TO GO GET A PRIVATE LICENSE FROM THE CITY, THEN GO DO IT.
THE, THE PRIVATE LICENSE CITY WOULD ALLOW US TO BUILD IN THE, UH, IN THE RIGHT OF WAY TO, TO MEET THE CITY REQUIREMENTS FOR US TO BUILD ACCORDING TO THE APPROVED, UH, SITE PLAN THAT WAS APPROVED TWO YEARS AGO.
WHAT WAS APPROVED TWO YEARS AGO IN MY OPINION IS, IS NOLAN VOID? 'CAUSE WE SHOULD NEVER HAVE APPROVED IT IN THE FIRST PLACE.
WE DO NOT HAVE THE AUTHORITY TO APPROVE BUILDING IN THE CITIES RIGHT OF WAY.
WE JUST DO NOT, SO THEREFORE, SHAME ON US.
AND AS AN APPLICANT, I WOULD NOT HOLD THAT UP AS SOMETHING THAT YOU COULD DO AS AN ALTERNATIVE.
AND IF YOU, IT IS SOMETHING THAT YOU COULD DO AS AN ALTERNATIVE, GO DO IT.
AND THE RI THE RISK YOU HAVE IS WHEN THAT DOESN'T HAPPEN AND YOU COME BACK HERE FOR A THIRD TIME.
YOU COME BACK HERE, YOU HAVE TO COME BACK TO THIS PANEL AND WE'LL REMEMBER WHAT YOU AS THE APPLICANT ARE TELLING US.
I'M LOOKING AT PICTURES THAT YOU PROVIDED OF THE NEIGHBORHOOD, AND I'M NOT SEEING FENCES NOW.
I'M NOT AGAINST FENCES, BUT I'M TRYING TO SAY WHAT, WHAT WILL NOT BE ADVERSE TO THE NEIGHBORHOOD.
THAT'S WHAT I'M TRYING TO FIND.
I I CAN I ANSWER THAT PLEASE? I, THE REASON I THINK IT'S NOT ADVERSE TO THE NEIGHBORHOOD.
HE'S HAD A FENCER FOR 20 YEARS.
IT'S THE SAME FA WE'RE, IT, IT'S, I SAID HIS PROPERTY AND THE PICTURES YOU HAVE I GET IS SMALL, BUT I DID THE RIGHT ACROSS THE STREET, THE KEN JOHNSON, I DID IT FOR KEN JOHNSON.
NOW THE OSE, I DON'T KNOW WHO LIVES THERE NOW.
I DID THE ONE CADDY CORNER FROM HIM FOR, I FORGOT WHAT THEIR NAMES WERE.
I DID THE ONES ACROSS THE STREET FROM THEM, THE PEARLMAN'S, WHICH I THINK WAS 11 FEET TALL.
AND THOSE ARE THE ONES I CAN, THAT I PARK IN FRONT OF EVERY DAY.
UH, I CAN KEEP GOING DOWN THE STREET.
THERE'S A LOT OF MIXED THINGS, BUT MY POINT IS TO ME, DAVE WOODS HAS HAD THE OWNER, HE'S LIVED THERE FOR LIKE 20 YEARS.
UH, HE'S HAD A FENCE IN FRONT OF THIS HOUSE THE ENTIRE TIME.
NOW THE HOUSE, HE'S, IT'S DOES THAT, IF THAT MAKES SENSE.
HE BOUGHT THE ADJACENT PROPERTY, BUT THE ORIGINAL PROPERTY WHERE HE LIVED, HAD A VARIANCE, HAD A FENCE ON IT.
SO IT'S NOT LIKE, OH MY GOSH, THE NEIGHBORS HAVE NOT SEEN A FENCE IN FRONT OF THIS HOUSE.
THEY HAVE, UM, THEY JUST HAVE, IT'S, THAT'S, AND, AND I'VE GOTTEN MANY FENCES VERY CLOSE.
AND I'M NOT SURE WHERE THE PICTURES SHOW, BUT I CAN, THEY'RE, THEY'RE A LOT CLOSER THAN MY CARS PARKED IN FRONT OF THE BUILDING FROM HERE.
I CAN TELL YOU THAT, THAT'S WHY.
OTHER QUESTIONS FROM THE BOARD TO THE APPLICANT, MR. HOLCOMB.
SO I JUST WANTED TO CLARIFY BASED ON THAT STATEMENT.
UM, SO NUMBER ONE I'M HEARING THERE'S OTHER FENCES OF A SEMI SIMILAR CHARACTER
[01:40:01]
IN THE NEARBY NEIGHBORHOOD.AND, AND OUT OF THAT AREA, WHAT PERCENTAGE OF THE HOUSES JUST ROUGHLY WOULD YOU SAY HAVE FENCES VERSUS NOT FENCES OF THIS NATURE? EVERY NEW HOUSE HAS BEEN BUILT.
I DON'T KNOW THE PERCENTAGE, BUT I CAN GO THIS MORE THAN 50%.
BUT, BUT I'M JUST SAYING IF IT'S A, IF IT'S A NEW HOUSE, UH, IT'S PRETTY MUCH HAS A FENCE IN FRONT OF IT.
UH, THERE, IT JUST, IT DOES, I MEAN THE, IT'S A MIXED BAG AND IT, THE MIXES THE OLDER VERSUS THE NEW, YOU KNOW, IT'S A SORT OF, I MEAN, THEY, THE, THE L BARS HAVE BEEN THERE A LONG TIME AND THEY DON'T HAVE A GIANT FENCE IN FRONT OF IT.
ANYTHING ELSE MR. HALCOMB? ANY OF THE QUESTIONS THAT THE BOARD HAS FOR THE APPLICANT? YOU HAVE YOUR FIVE MINUTE REBUTTAL, MR. BALDWIN.
I THINK THIS IS A BETTER, UH, REQUEST THAN, UH, WHEN IT WAS, WHEN WE CAME IN THROUGH THE DOOR, THE, THE FIRST TIME, UH, WE'VE LOWERED THE HEIGHT OF OUR REQUEST.
WE'VE MADE, MADE IT MORE OPEN.
UM, AND WE, I THINK THAT IT'S NOT UNCOMMON TO HAVE FENCES IN FRONT YARDS IN THIS AREA.
AND I THINK IT'S, UH, A REASONABLE REQUEST AND HOPE YOU CAN SUPPORT IT.
THE CHAIR WOULD ENTERTAIN A MOTION.
MS. DAVIS WANNA MAKE SURE I HAVE THE RIGHT, OKAY.
UM, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH 0 6 6 ON APPLICATION OF BALDWIN ASSOCIATES DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY, EXCUSE ME, IN THE MATTER OF BDA 2 2 3 0 6 6, UH, AT 5 5 1 8 WINSTON COURT.
A MOTION HAS BEEN MADE BY MS. DAVIS TO DENY WITHOUT PREJUDICE FOR THE, UH, FENCE HEIGHT OF SPECIAL EXCEPTION.
IS THERE A SECOND TO THE MOTION? SECOND.
IT'S BEEN SECONDED BY MR. NRI, MS. DAVIS.
I I I THINK THE ASK IS JUST TOO MUCH FOR THIS FENCE.
YOU, YOU'RE BASICALLY ASKING FOR DOUBLE, UM, IT'S SUPPOSED TO BE FOUR FEET, AND I KNOW THE COLUMNS ARE THE ONES THAT ARE EIGHT FEET, BUT I, I JUST THINK THAT'S TOO SIGNIFICANT OF AN ASK.
AND WHEN I LOOK AT PICTURES OF THE SURROUNDING PROPERTIES, I DON'T SEE THAT STYLE OF FENCE.
SO I DON'T THINK IT IS IN THE BEST INTEREST.
CERTAINLY, UM, THE OPPOSITION IS TELLING TO ME THAT YOU'VE GOT FOUR PEOPLE, YOU KNOW, AND THE FACT THAT THE OWNER REALLY DOESN'T SEEM LIKE HE OR SHE HAS MADE AN EFFORT TO WORK WITH THE NEIGHBORHOOD, UH, IS REALLY DISAPPOINTING.
AND I KNOW I SAID THIS BEFORE, BUT THESE LONG CONSTRUCTION PERIODS, IT'S, HE'S NOT, HE OR SHE ISN'T DOING HIMSELF ANY FAVOR IN TERMS OF INGRATIATING HIMSELF INTO THE NEIGHBORHOOD.
IT'S EXTREMELY FRUSTRATING AND IT'S VERY, VERY DIFFICULT ON OTHER HOMEOWNERS THAT HAS NOTHING TO DO WITH MY OPPOSITION TO THIS.
I'M JUST MAKING A COMMENT THAT I WOULD ENCOURAGE APPLICANTS WHEN THEY'RE DOING CONSTRUCTION TO DO IT CORRECTLY, BUT TO DO IT QUICKLY AND TO BE CONSIDERATE OF THEIR NEIGHBORHOOD.
MR. N, UM, I, YES, MR. CHAIRMAN.
UM, THE ISSUES FOR ME, NUMBER ONE IS THE INCREASED OPPOSITION FROM THE NEIGHBORS.
UM, AND IN MY OPINION, UH, AND I'M HAPPEN TO BE FAIRLY FAMILIAR WITH THIS NEIGHBORHOOD AS I LIVE ADJACENT TO IT, IN MY PROFESSIONAL OPINION AS A REAL ESTATE AGENT, IT, THIS REQUEST DOES NOT REALLY COMPORT WITH THE NEIGHBORHOOD.
UH, THESE, THESE MASSIVE HIGH FENCES THAT ARE LIKE WALLS.
UH, IT REALLY CHANGES THE FEEL OF THE NEIGHBORHOOD ENTIRELY.
SO I I I, I'VE GOT A BIG ISSUE WITH THAT.
UM, AND, UM, SO I, I REALIZE THAT NEW CONSTRUCTION, THE FENCES, THE, THESE FENCES ARE VERY COMMON WITH THE NEW CONSTRUCTION, BUT THEY'RE, THEY'RE ALMOST UNHEARD OF TO, TO HAVE A HIGHER THAN A FOREFOOT FENCE ON FOR EXISTING PROPERTIES IN PRESTON HOLLOW.
SO, UH, FOR THOSE REASONS, I'M GONNA BE IN OPPOSITION OR IN FAVOR OF THE DENIAL.
ANY OTHER COMMENTS ON THE MOTION, MR. COMB? UM, I'M NOT IN SUPPORT OF THE MOTION.
UM, I, I BELIEVE THAT, UH, THE VAST MAJORITY OF THE FENCE IS, IS A MODEST REQUEST BECAUSE IT'S, IT'S NOT ACTUALLY THAT MUCH TALLER THAN THE FOREFOOT.
IT'S JUST THE COLUMNS WHICH ALWAYS REPRESENT HIGHER.
[01:45:01]
IN PARTICULAR, WHICH REPRESENTS HIGHER.UM, I FEEL LIKE A LOT OF THE, UM, DISAGREEMENT FROM THE NEIGHBORS HAS TO DO WITH ISSUES BESIDES THIS FENCE.
IT IS AGGRAVATING TO HAVE A BUILDING GO ON THIS LONG, BUT I DON'T THINK THAT'S GERMANE TO WHETHER OR NOT THE FENCE IS APPROPRIATE.
UM, AND SO I, I JUST BELIEVE THAT THIS REQUEST IS REASONABLE NOTWITHSTANDING THE, THE DISGRUNTLEMENT OF A LONG CONSTRUCTION PROCESS.
AND SO I'M NOT, NOT IN SUPPORT OF THIS MOTION.
ANY OTHER COMMENT? ANY OTHER DISCUSSION OF THE MOTION, MS. HAYDEN? UM, I WILL BE IN SUPPORT OF THE MOTION BECAUSE, UM, YOU KNOW, THE, THE STANDARD FOR A SPECIAL EXCEPTION TO FENCE STANDARDS REGULATIONS IS THAT IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
AND I HAVE NOT BEEN CONVINCED BASED ON THE PHOTOGRAPHS THAT I'VE SEEN OF THE NEIGHBORING PROPERTY, UM, AND THE TESTIMONY AND, AND THE LETTERS OF OPPOSITION, UM, THAT THIS WILL NOT ADVERSELY AFFECT.
SO I WILL SUPPORT THE MOTION TO DENY.
I'LL ROUND OUT OUR DISCUSSION ON THE MOTION.
UH, I WILL SUPPORT THE MOTION TO DENY, I'LL SUPPORT THE MOTION TO DENY WITHOUT PREJUDICE.
UM, BECAUSE I'M DISAPPOINTED IN THE APPLICANT'S FAILURE TO ENGAGE THE NEIGHBORHOOD.
IT IS CLEAR IN OUR STANDARD THAT IT IS A CRITERIA ABOUT WHAT WOULD ADVERSELY, THAT IT WOULD NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY.
AS I'VE SAID FOUR TIMES TODAY, AN SHEER OPPOSITION TO A CASE THAT COMES TO US DOES NOT FOR ME, FOR THIS ONE VOTE DOES NOT SWAY ME TO BE FOR OR AGAINST, BUT IT GETS MY ATTENTION.
I AM HO I AM TOTALLY DISAPPOINTED IN THE APPLICANT'S RESPONSE IN TELLING US, WELL, WE COULD DO THIS, WE DO THAT.
SO YOU HAVE AN AVENUE TO DO THAT, ALTHOUGH WE'RE GONNA CORRECT THAT.
I'LL SAY AGAIN, WITH YOUR LACK OF ENGAGEMENT WITH YOUR NEIGHBORS.
UM, I COULD ALMOST GO WITH PREJUDICE ON THIS MOTION, BUT I'M TRYING TO SEND THE MESSAGE TO YOU.
THAT DOES NOT MEAN YOU HAVE TO HAVE A HUNDRED PERCENT SUPPORT.
THAT DOES MEAN YOU HAVE TO BE CONSCIOUS OF SURROUNDING PROPERTY OWNERS.
SO, UM, I HOPE YOU RETHINK WHAT YOU'RE DOING AND I HOPE YOU DO SOME ENGAGING WITH THE NEIGHBORHOOD TO MAKE SURE THAT YES, YOU'RE IMPROVING YOUR PROPERTY, BUT YOU'RE NOT ADVERSELY AFFECTING SURROUNDING PROPERTIES.
SO I WILL SUPPORT THE MOTION TO DENY WITHOUT PREJUDICE.
MR. HOLCOMB NAY, MR. CHAIR? YES.
MOTION PASSES FOUR TO ONE IN THE CASE OF B D A 2 2 3 DASH 0 6 6.
UM, AT 5 5 1 8 5 5 1 8 WINSTON COURT, THE, THE MOTION TO DENY WITHOUT PREJUDICE, THE REQUEST FOR A SPECIAL EXCEPTION FOR EIGHT FOOT HIGH FENCE HAS BEEN APPROVED FOUR TO ONE.
THAT IS WITHOUT, UM, PREJUDICE MEANS, WHICH MEANS YOU CAN REFILE TOMORROW OR MAYBE AFTER YOU HAVE SOME NEIGHBORHOOD ENGAGEMENT, THAT'S YOUR CHOICE.
OR YOU COULD GO AHEAD
UM, MR. BOARD ATTORNEY, DO WE NEED TO ACT ON THE OPACITY QUESTION IF WE DENIED THE HEIGHT? YES, PLEASE.
MS. DAVIS, MOTION NUMBER TWO OF TWO, SORRY.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER B D A 2 2 3 0 6 6 ON APPLICATION OF BALDWIN ASSOCIATES DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY.
IT'S BEEN MOVED BY MS. DAVIS IN 2 2 3 0 6 6 TO DENY THE REQUEST WITHOUT PREJUDICE, UH, FOR THE SPECIAL EXCEPTION REQUEST FOR OPACITY.
IT'S BEEN SECONDED BY MR. NRI, MS. DAVIS? I DON'T HAVE ANY FURTHER COMMENTS MR. NRI.
UM, YEAH, UH, WELL, I PROBABLY COULD BE CONVINCED TO GO WITH THE PROPOSED HEIGHT OF THE FENCE IN LIEU OF WORKING WITH THE NEIGHBORS AND ASSUAGING THEIR VALID CONCERNS.
WHAT DOES CONCERN ME IS THE PROPOSED OPACITY, UH, OF THIS FENCE.
UH, IT SAYS THAT IT'S A ONE INCH SOLID PICKET STYLE FENCE WITH DECORATIVE LA IRON LATTICE AND A SOLID SHEET PANEL BEHIND.
[01:50:01]
WHAT THAT TELLS ME IS THAT THIS, THIS, THE PROPOSED FENCE IS GONNA BE A HUNDRED PERCENT BLOCKED.YOU'RE NOT GONNA BE ABLE TO SEE THROUGH IT AT ALL.
AND OPACITY IS A BIG ISSUE FOR ME, ESPECIALLY IN THE INTERNAL AREAS OF A NEIGHBORHOOD.
NOW, IF THIS PARTICULAR PROPERTY WERE SITTING ON WALNUT HILL OR OR ANOTHER MAJOR HIGH TRAFFIC THOROUGHFARE, I WOULD BE MORE LIKELY TO CONSIDER IT.
BUT BECAUSE THIS PARTICULAR PROPERTY IS IN THE INTERIOR OF THE NEIGHBORHOOD, UM, I CAN'T GO WITH THE PROPOSED, UH, FENCE AS, AS OUTLINED.
THANK YOU, MR. THANK YOU MR. NERING.
ANY OTHER DISCUSSION ON THE MOTION? THE MOTION IN FRONT OF US IS TO DENY THE, THE REQUEST FOR, UH, LESS THAN 50% OPACITY.
I, I, MY ONLY COMMENT IS, MR. NER WELL SPOKEN.
I, I LIKE YOUR ANALYSIS OF INTERNAL TO A NEIGHBORHOOD VERSUS ON A CORNER.
UM, I THINK THAT'S AN INTERESTING AND THOUGHTFUL WAY OF APPROACHING IT.
THAT'S NOT ALL OR NOTHING, THAT'S JUST YOUR APPROACH.
AND I CAN SEE THERE'S VALUE IN THAT APPROACH.
SO I, I CONCUR, UH, THE BOARD SECRETARY WILL CALL THE VOTE, PLEASE.
MOTION PASSES FOUR TO ONE IN THE MATTER OF B D A 2 2 3 0 6 6.
THE BOARD ON A MOTION OF FOUR TO ONE DENIES THE WITH WITHOUT PREJUDICE THE REQUEST FOR A SPECIAL EXCEPTION FOR OFFENSE, OPACITY OF LESS THAN 50%.
GENTLEMEN, YOU'LL GET A, A LETTER FROM OUR BOARD ADMINISTRATOR.
MM-HMM
I I WAS HOPING TO GET INFORMATION ON IT TODAY.
I I WANT TO GET TO THE BOTTOM OF THAT, OF WHAT HAPPENED AND WHY, BECAUSE WE NEED TO LEARN FROM THAT MISTAKE.
BOTH THE STAFF AS WELL AS THE BOARD PLEASE.
OKAY, NEXT ITEM ON OUR AGENDA IS 3 3 4 9 CORT BOULEVARD, BDA 2 2 3 0 7 7 BDA 2 2 3 0 7 7 AT 3 3 4 9 CORNET.
UM, BEFORE WE START GENTLEMEN, WE'RE GONNA TAKE A SEVEN MINUTE BREAK IF YOU DON'T MIND.
SO WHAT I AM GONNA SAY, IT IS 2:53 PM ON, UH, TUESDAY, AUGUST 15TH, THE BOARD OF ADJUSTMENT PANEL A WILL RECESS UNTIL THREE O'CLOCK.
WE'LL TAKE A SEVEN MINUTE RECESS AND THEN WE WILL PROCEED WITH YOUR CASE.
IT'S 3:00 PM ON TUESDAY, AUGUST 15TH, 2023.
THE BOARD OF ADJUSTMENT PANEL A IS HEREBY CALLED BACK TO ORDER.
UH, GUYS TURN YOUR SCREENS ON.
UM, OUR, WE HAVE TWO REMAINING CASES ON OUR AGENDA TODAY.
2 2 3 0 7 7 2 2 3 0 7 7 IS AT 3 3 4 9 CORNET BOULEVARD.
IS THE APPLICANT HERE? YES SIR.
SO, UM, MS. WILLIAMS, IF YOU WOULD BE SO KIND FIRST OF ALL TO TELL ME SPEAKERS THAT WE HAVE, UH, FIRST OF ALL IN FAVOR AND THEN IN OPPOSED, SO I GET AN IDEA OF WHAT'S COMING UP ON THE LIST ONCE AND THEN I'LL THEN WE'LL GET YOU SWORN IN.
WE HAVE THREE IN, UM, THREE FOUR.
AND WE HAVE EIGHT IN OPPOSITION.
JUST, JUST HOLD, JUST HOLD ON A SECOND.
OKAY, SO YOU HAVE THREE, FOUR.
I'M GONNA WAIT UNTIL SHE'S FINISHED THESE WITH JASON.
SO MS. WILLIAMS, THREE IS, ARE THEY ALL THE APPLICANT OR THERE OTHERS? JUST THE APPLICANT.
AND HOW MANY OF THE THREE OR THE FOUR ARE ONLINE VERSUS HERE? THERE'S TWO ONLINE IN OPPOSITION.
[01:55:01]
WE'LL START WITH THE SPEAKER FOUR.UH, YOU'LL GET FIVE MINUTES A PIECE AND THEN AS A REBUTTAL, YOU, YOU, THE APPLICANT HOLDS FIVE, SO IT'S 5, 10, 15 IF YOU EACH WANNA SPEAK FIVE MINUTES AND THEN IF YOU'RE THE MAIN APPLICANT OR THE APPLICANT GETS FIVE MINUTES REBUTTAL AND YOUR REBUTTALS AFTER THE SPEAKERS ARE OPPOSING, IF I ELONGATE ANYONE'S TIME, I HAVE TO ELONGATE EVERYONE'S TIME.
I'M GONNA CHOOSE TO LET, ALLOW EVERYONE TO SPEAK REASONABLY AS MUCH AS THEY WANT, WHICH IS PROBABLY MORE THAN FIVE MINUTES, BUT I'M GONNA TRY TO KEEP IT NARROW 'CAUSE WE'VE GOT 11 SPEAKERS, BUT I WANNA MAKE SURE EVERYONE'S HEARD.
UM, NOW IF WE WILL HAVE THE THREE OF YOU PLEASE, UH, BE SWORN IN.
MS. WILLIAMS, 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.
LANCE TIMS ONE FIVE FOUR THREE CANADA DRIVE, DALLAS, TEXAS 7 5 2 1 2.
SO ARE YOU STARTING OFF SPEAKING? YES SIR.
ARE YOU GONNA DO FIVE MINUTES OR IN TANDEM OR HOW ARE YOU, HOW DO YOU GUYS WANNA DO THAT SO I CAN BE RESPECTFUL TO YOUR PROCESS? YEAH, THAT GOOD MS. WILLIAMS? I'M HERE IN SUPPORT FOR THE AND IF THERE'S, I'M HERE JUST IN SUPPORT AND IF THERE'S ANY QUESTIONS I CAN ANSWER.
ALRIGHT, SO GIVE US ONE SECOND.
I'VE MADE COPIES OF THE POWERPOINT.
SO, UM, LET HER LET OUR BOARD SECRETARY GIVE THAT TO US.
WE WANT 'EM NOT, WE WANNA LISTEN TO YOU WHILE WE'RE READING AND WE DON'T WANT TO BE RUDE.
YOU WANT, DO YOU WANT ME TO ASK THIS NOW OR LATER? WHATEVER.
I JUST WANNA MAKE SURE
SO, SIR, UH, MR. MR. THAMES, IS THAT RIGHT? THAMES.
WE HAD AN APPLICANT EARLIER TODAY.
I DON'T KNOW IF SHE WAS BRITISH.
WHAT WAS SHE? WAS SHE I DID, NA I DID WANNA ASK IS 'CAUSE I DIDN'T WANNA, I HEARD AUSTRALIA.
I DIDN'T WANNA BE PREJUDICIAL FOR AGAIN, SO, ALRIGHT SIR, IF YOU, YOU HAVE YOUR FIVE MINUTES PLUS OR MINUS PROCEED.
UM, FIRST OFF, I WANT TO THANK YOU CHAIRMAN, THANK YOU, UH, BOARD FOR ALLOWING US TO PRESENT TODAY.
UM, ALSO WANTED TO GIVE A SHOUT OUT TO THE CITY.
THEY'VE BEEN AWESOME THROUGH THIS INCREDIBLY STRESSFUL PROCESS.
THEY'VE DONE NOTHING BUT BEEN SUPPORTIVE AND KIND AND, UH, AND GENTLE WAS SOMETIMES NOT OF THE BEST NEWS FOR US.
SO THANK YOU VERY MUCH FOR THAT.
I'M VERY NERVOUS SO I APOLOGIZE FOR THAT
THERE'S NOTHING TO BE NERVOUS ABOUT HERE.
YOU ARE ASKING FOR, UM, YOU HAVE A REASONABLE ASK FOR YOUR PROPERTY AND, AND WE'RE GONNA BE CALM ABOUT IT AND WE'RE GONNA TRY TO BE AS FAIR AS POSSIBLE.
UM, FIRST OFF, I'M GONNA INTRODUCE MYSELF.
MY NAME'S LANCE TIMS. THIS IS MY HUSBAND DAVID.
RICHARD, YOU MUST HAVE TALKED TO THE, THE APPLICANT EARLIER.
THEY DID HE, DID HE PUT THE DOGS IN THE POWERPOINT? YEAH, SHE ACTUALLY COPIED OFF US.
ALL OF OUR CASES NOW ARE GONNA HAVE, ARE GONNA HAVE DOGS AND THEN IT'LL GO TO CATS AND THEN OTHERS.
ANYWAY, WE GOTTA HAVE A SENSE OF HUMOR.
ALRIGHT, I DIDN'T TAKE ANY OF YOUR TIME ON THAT.
UH, WE MOVED AND ANYTHING I INTERRUPT YOU? DON'T WORRY, YOU, IT WON'T BE TIME AGAINST YOU.
WE MOVED TO DALLAS EIGHT YEARS AGO.
UM, COUPLE YEARS AFTER WE MOVED HERE.
WE FELL IN LOVE WITH THE CITY.
UH, DECIDED WE WANTED TO RETIRE HERE.
UH, THIS IS OUR, OUR PLACE WE WANTED TO LIVE OUT THE REST OF OUR LIVES.
UH, WE DO HAVE TWO KIDDOS, ANNA AND YURI UP THERE.
AND SOMETHING ELSE I WANNA STRESS TO THE BOARD IS WE'RE NOT A BUILDER.
WE ARE NOT BUILDING THIS HOME TO FLIP IT.
WE'RE BUILDING IT TO MOVE IN IT TO LIVE IT UNTIL WE BOTH PASS ON.
SO THIS ISN'T SOMEBODY TRYING TO MAKE A QUICK BUCK.
THIS INSTANCE SOMEBODY THAT'S NOT EVEN GONNA LIVE IN THE NEIGHBORHOOD.
UH, THIS IS GONNA BE OUR FOREVER HOME.
SO I WANTED TO LET YOU KNOW THAT.
UM, NEXT I WOULD WANT TO KIND OF CLARIFY A LITTLE BIT ON THE, THE HEIGHT VARIANCE.
I THINK EVERYBODY'S BEEN TALKING ABOUT FIVE FOOT AND THAT'S WHAT WE ASKED FOR.
IT'S ACTUALLY CLOSER TO A THREE FOOT VARIANCE.
I THINK IT'S TWO FOOT SEVEN INCHES ON THE N S O AND ONE FOOT, 10 INCHES ON THE NEIGHBORHOOD.
UM, I WANTED YOU A LITTLE TIMELINE TO KIND OF SHOW YOU HOW WE GOT INTO THE SPACE.
UM, IN JUNE OF 2015, WE DECIDED WE WANTED TO LIVE IN THE TRINITY GROVES AREA.
WE FOUND A LOT AT 33 49 CORNETS IN JULY.
EVEN BEFORE PURCHASING THE LOT, WE, WHEN WE
[02:00:01]
WERE DRIVING AROUND THE NEIGHBORHOOD, WE FOUND A HOUSE ON ANGELINA THAT WAS THREE FLOORS THAT HAD A DECK THAT WE KIND OF FELL IN LOVE WITH.SO WHEN WE FOUND THIS LOT, I WANTED TO BE PROACTIVE.
SO I LITERALLY EMAILED THE CITY OR CALLED THE CITY AND SAID, HEY, WHAT'S THE HIDE RESTRICTIONS FOR THIS AREA? I INCLUDED THE ACTUAL LOT AS WELL.
AND THAT'S ON SLIDE FOUR AND FIVE AND WE'LL GET THERE IN JUST A SECOND.
IN AUGUST, WE CLOSED ON AND LOG IN AUGUST THE LOT WENT INTO CONTRACT.
AND IN NOVEMBER WE CLOSED ON THE LOT.
IF YOU LOOK ON THE NEXT, WAS THERE, WAS THERE A HOUSE THERE? NO SIR.
AND IF YOU LOOK ON THE NEXT SLIDE, THIS IS AN EMAIL WE GOT BACK FROM THE CITY STATING THAT THERE WAS 30 FOOT, BUT THE CITY DIDN'T, DIDN'T SAY ANYTHING ABOUT THE N S O.
AND ON THE 30 FOOT, THE CITY OFFICER SAID WE COULD GO ABOVE THE 30 FEET WITH CERTAIN EXCEPTIONS.
AGAIN, THIS IS OUR FOREVER HOME.
WE HAVE HISTORY OF FAMILY MEDICAL PROBLEMS. I'VE HAD OPEN HEART SURGERY.
WE WANTED TO PUT AN ELEVATOR IN THE HOUSE.
AND IF YOU LOOK ON THE NEXT SLIDE, ONE OF THE EXCEPTIONS TO GO ABOVE THE 30 FOOT RULE IS AN ELEVATOR.
SO IN OUR MIND, WE WERE OKAY WITH THAT 30 FOOT RULE THERE.
SO WE WENT AHEAD, WE PURCHASED THE LOT.
THE NEXT SLIDE IS THE TIMELINES THAT GOES AFTER WE PURCHASED THE LOT IN SEPTEMBER.
WE SUBMITTED OUR PLANS FOR THE CITY IN NOVEMBER, THE CITY CALLED, I THINK IT WAS THE FIRST NOVEMBER END OF OCTOBER, THE CITY CALLED AND ASKED ABOUT THE 30 VERSUS 32 FEET.
AND I HAVE A LETTER THAT WE'LL GO IN HERE JUST A SECOND, I'LL SHOW YOU THE RESPONSE TO THAT.
AND IN DECEMBER, THE CITY WE HAD REACHED OUT TO THE CITY AND ASKED THEM FOR CLARIFICATION ON HOW, HOW TO MEASURE THE N S O.
THEN ON 1228 WAS WHEN WE UPLOADED ALL THE N S O CORRECTIONS, AND I HAVE THESE SLIDES RIGHT AFTER THIS TIMELINE, SO I'LL GO OVER THOSE ONCE WE GET THERE.
AND ON JANUARY 11TH WAS WHEN WE RECEIVED THE FOLLOW APPROVAL FROM THE CITY.
SO THE NEXT SLIDE, WHENEVER THE CITY ASKED ABOUT THE 30 VERSUS THE 32 FEET, I LITERALLY UPLOADED THIS LETTER INTO THE CITY'S, INTO THE WEBSITE, INTO THE PORTAL WHERE YOU KIND OF COMMUNICATE BACK AND FORTH.
AND IF YOU LOOK AT THE VERY BOTTOM OF THE LETTER, IT SAYS, PLEASE LET ME KNOW IF THIS CONFIRMS OUR DESIGN.
WE NEVER HEARD BACK FROM ANYONE.
THE NEXT COMMUNICATION WE HAD WITH THE CITY WAS WHERE THEY WERE GIVING US DIRECTION ON HOW TO MEASURE THE N S O.
AND AS YOU CAN TELL, IT'S HIGHLIGHTED, THE CITY CLARIFIED THAT IT NEEDED TO BE FROM THE CENTER OF THE ROAD.
SO IF YOU GO TO THE NEXT SLIDE, THIS IS ACTUALLY WHAT WAS APPROVED AND WE'RE FROM THE 25 FOOT LINE.
SO IF YOU NOTICE, THERE'S NO ENCROACHMENTS AT ALL.
SO IF WE WOULD'VE BEEN ABLE TO KEEP IT AT THE 20 FOOT LINE, 25 FOOT LINE, WE WOULDN'T BE WHERE WE ARE TODAY.
THE NEXT SLIDE IS THE, THE ACTUAL PERMIT.
THE NEXT SLIDE TO US, THIS IS A VERY IMPORTANT ONE.
THIS WAS ACTUALLY THE PLANS THAT WAS UPLOADED THROUGH THE CITY'S WEBSITE.
SO WHENEVER WE REACHED OUT TO THE CITY ABOUT THE 30 VERSE 32, WE GOT CLARIFICATION ON THE N S O, WE GOT THE PERMIT.
AND WHEN THE CITY UPLOADED THE PLANS AND BRIGHT READ LETTERS, I'M, I'M GONNA HAVE YOU STOP FOR ONE SECOND.
DON'T WORRY, YOU'LL GET ALL YOUR TIME.
AND I'M SPEAKING KIND OF FAST.
OH, NO, I, I AND YOU, AND YOU COULD JUST SLOW DOWN JUST A LITTLE BIT.
THIS IS A LOT OF INFORMATION FOR US TO ABSORB AND WE'RE JUST GETTING THIS NOW.
THIS IS VERY GOOD CON CONCRETE INFORMATION.
CAN YOU GO BACK TO THE SLIDE THAT SAYS MAXIMUM BUILDING HEIGHT EXCEPTIONS? THE ONE THAT SAYS 51 A DASH FOUR DASH 4 0 8.
MS. DUNN, QUESTION FOR YOU, OR I DON'T KNOW IF IT'S MS. LESTER, THIS IS TALKING ABOUT THE EXCEPTIONS, UH, FOR STRUCTURES IN THE TOP OF THE BUILDING.
AND IT SAYS, IN A DISTRICT IN WHICH BUILDING HEIGHT IS LIMITED TO 36 FEET OR LESS, THE FOLLOWING AND SO FORTH.
SO MAXIMUM 12 FEET ABOVE THE MAXIMUM STRUCTURE, HOW DOES THAT, DOES THIS REFERENCE ANY, UM, NSOS DOES THIS SUPERSEDE NSOS, WHICH, WHICH HAS A HIGHER AUTHORITY? THE, SORRY.
NO, THE, THE N SS O ITSELF REFERENCES THIS CODE SECTION.
YOU WOULD GO TO THE N SS O SECTION AND THE N S O SECTION WOULD TELL YOU TO REVERT BACK TO CHAPTER 51 A.
SO THIS, SO IN OTHER WORDS, THIS SUPERSEDES THE N SS O 'CAUSE THIS HAS A HIGHER AUTHORITY.
THIS, THIS DOESN'T, IT HAS TO BE READ IN CONJUNCTION WITH THE N SS O CON IN CONJUNCTION WITH THE N S O.
BECAUSE THE N S O REVERTS BACK TO CHAPTER 51 A.
IT'S, IT'S FAMILIAR AS WITH THE PROCESSES OF A PD, A PLAN DEVELOPMENT DISTRICT.
WHEN YOU'RE READING A PD, A PD IS GONNA REVERT BACK TO A CHAPTER 51 OR 51 A.
AND SO WHEN IT DOES THAT, YOU HAVE TO GO TO THAT PARTICULAR CHAPTER TO GET PARTICULARS THAT ARE NOT EXPLICITLY MENTIONED IN THE PD OR THE N S O.
[02:05:01]
THE, WHAT WE ARE BEING BRIEFED IS MAXIMUM OF 30 FEET.BUT, SO THIS IS OPERABLE BECAUSE IT SAYS LIMITED UP TO 36 FEET OR LEFT 30 OR LESS.
SO THEREFORE THE 12 FEET OF THE, THE N S O DOES NOT NEGATE THIS IS WHAT I'M TRYING TO GET AT.
I'M JUST TRYING TO ABSORB WHAT YOU'RE SAYING HERE AND WHAT YOU'RE TRYING TO BUILD HERE AND UNDERSTANDING THAT THE N S O ALSO PLAYS INTO THIS.
THIS IS NOT AGAINST YOUR TIME.
THAT ONE RIGHT THERE TO THE ONE THAT SAYS NO, I WANT TO GO TO THE ONE THAT SAYS N S O DIRECTION RECEIVED FROM CITY.
I'M GONNA, I'M LOOKING AT WHAT YOU YELLOW HIGHLIGHTED.
IS EVERYONE WITH ME ON THIS? AND IT SAYS, I'M GONNA READ THE BEGINNING OF THE SENTENCE 'CAUSE I'M TRYING TO ABSORB THIS.
HIDE PLAIN MEANS A PLANE PROJECTING UPWARD AND TOWARD THE SUBJECT LOT FROM A 0.6 FEET ABOVE THE GRADE AT THE CENTER LINE OF THE STREET ADJACENT TO THE FRONT OF THE PROPERTY LINE, THE STREET ADJACENT TO THE FRONT OF THE PROPERTY LINE.
THIS IS THE ORIGIN OF OUR PROBLEM.
I'M TRYING TO NARROW THIS INTO THIS.
AND THIS IS, THIS IS SOME EMAIL FROM, UH, LANITA JAGS.
IS THIS AN EMAIL FROM THE CITY? YES SIR.
BUT THIS IS, THIS COMES FROM THE CITY OF DALLAS, RIGHT, SIR? SOMEONE FROM THE, THE CITY OF DALLAS, CORRECT, SIR? YEP.
AND MS. DUNN OR MS. LESTER, ARE YOU FAMILIAR WITH THIS PERSON? NITA JAGS? YES, MR. CHAIRMAN.
I JUST WANNA MAKE SURE THAT YOU ALL KNOW WHO THIS PERSON THAT'S SPEAKING FOR THE CITY AND IT'S ALL ON THE UP UP.
I'M JUST TRYING TO STAY WITH WHAT, WHAT YOU'RE TRYING TO PRESENT.
ANY OTHER QUESTIONS HERE? WE'RE GOOD ON HERE.
YOU'RE STILL GREAT ON YOUR TIME.
WHAT I WANNA GO TO NEXT IS A SLIDE THAT SHOWS IN A, RIGHT THERE IN A BIG RED STAMP SAYS MAXIMUM HEIGHT MAY EXCEED 30 FEET.
SO IN OUR MIND, WHEN WE ANSWER THE QUESTIONS ABOUT 30 VERSUS 32, NOBODY EMAILED US BACK.
WHEN WE MEASURED THE N S O EXACTLY THE WAY THE CITY TOLD US.
THEY SIGNED OFF ON IT AND WE GOT A PERMIT.
WHERE DID THIS DOCUMENT COME FROM? FROM THE CITY.
THIS IS FROM THE CITY'S WEBSITE.
OH, SO SO THIS IS A GRAPHIC ON THE CITY'S WEBSITE, CORRECT? YES, SIR.
SO WHEN WE WERE BUILDING AND WE SAW THIS, WHY WOULD WE EVER QUESTION HOLD THAT THOUGHT.
IS THIS A DOCUMENT? IS THIS A GRAPHIC ON OUR WEBSITE? IT'S NOT A GRAPHIC ON THE WEBSITE, IT'S AN ACTUAL, UH, REVIEWED STAMPED SITE PLAN.
OH, FROM, SO IT'S NOT ON THE WEBSITE, IT'S FROM US, IT'S IN PROJECT DOCS.
IT'S PART OF ELECTRONIC PLAN REVIEW.
AND SO PART OF THE, WHEN HE'S, WHEN HE'S SAYING SITE, I'M PRESUMING HE'S REFERRING TO PROJECT DOCS? YES, SIR, I AM.
I'M SORRY THAT, THAT'S WHERE I PULLED THIS FROM.
AND, AND WHAT I'M TRYING TO DO IS, AS YOU INTRODUCE INFORMATION AND YOU SAY IT'S FROM THE CITY, I WANT MY CITY FOLKS TO SAY YES OR WAIT A MINUTE.
SO, SO THAT IT VERIFIES WHAT YOU'RE SAYING OR NOT.
SO IT'S PART OF THE PROJECT DOCS.
THIS DOESN'T, THIS IS, THIS LOOKS ACCURATE.
AND WHAT HE'S SAYING IS TRUE AND CORRECT.
ALRIGHT, SO IN OUR MIND, WHY WOULD WE QUESTION NOT MOVING FORWARD WITH OUR FOREVER DREAM HOME? SO LET'S GO INTO THE NEXT TIMELINE.
AND MARCH WAS WHEN WE DID THE PRE FOUNDATION WORK.
AND MARCH IS WHEN WE, WHEN THE CITY APPROVED THE PRE FOUNDATION WORK, AND MARCH WAS WHEN WE POURED THE FOUNDATION, WE STARTED FRAMING IN APRIL.
AND ON MAY 25TH WAS WHEN I HAD GOTTEN THE CALL AT THAT POINT THAT SOMEBODY HAD COMPLAINED TO THE CITY COUNCIL.
THE CITY COUNCIL CAME TO THE, THE, THE, THE, THE CITY.
THEY HAD TO GO IN AND REVIEW ALL THE DOCUMENTS.
AND THEN AT THAT POINT IT WAS DETERMINED THAT THE CITY HAD MADE AN ERROR.
SO NEXT SLIDE, IF I MAY INTERRUPT BRIEFLY.
UH, ON, ON THIS SLIDE, JUST TO, TO BE CLEAR, THIS IS SOMETHING WE DISCUSSED LAST SESSION, UHHUH
IN FACT, THE NEXT SLIDE HAS PICTURES OF WHERE WE ARE, AND I WAS GONNA STATE THAT THE PICTURES LOOK A BIT, A LITTLE BIT DIFFERENTLY BECAUSE THERE'S SHEATHING ON THE OUTSIDE NOW, BUT WE'VE DONE NO ACTUAL BUILDING OF THE PROPERTY EXCEPT FOR TO PROTECT IT.
AND TWO SLIDES AFTER THIS ONE IS THE EMAIL FROM THE CITY THAT GAVE US PERMISSION TO PRESERVE OUR PROPERTY.
[02:10:01]
YEAH, I THINK THAT'S THE TERM.THAT, THAT'S, IS THAT A, IS THAT SOMETHING YOU GUYS TELL THEM? YES, SIR.
I'M, I'M STILL NEW TO THE CITY FIGURING OUT THE LINGO, SO IF WE'LL GO IN A COUPLE SLIDES.
THIS IS WHAT I JUST TALKED ABOUT.
AND THAT'S THE EMAIL FROM THE CITY GIVING US PERMISSION TO PRESERVE OUR PROPERTY.
THERE'S WHAT I WANTED TO DO NEXT WAS KIND OF SHOW PART OF THE NEIGHBORHOOD AND KIND OF AREAS IN THE NEIGHBORHOOD.
THIS IS A HOUSE THAT'S CURRENTLY LISTED FOR ALMOST A MILLION DOLLARS.
THAT IS TWO STREETS OVER FROM OURS.
AND I WANTED THE BOARD TO SEE HOW THIS ONE IS THREE FLOORS.
SO THE HEIGHT'S VERY COMPARABLE TO THE ONE THAT WE'RE TRYING TO BUILD NOW.
OKAY, THE NEXT ONE, THIS IS ONE RIGHT DOWN THE STREET FROM US.
THIS IS LIKE FOUR OR FIVE LOTS DOWN, AS YOU CAN TELL.
AS YOU CAN TELL, THIS ONE IS THREE FLOORS AS WELL.
AND IF YOU LOOK AT THE PICTURE ON THE RIGHT, THIS ONE ACTUALLY HAS A FOURTH FLOOR STRUCTURE ON IT THAT I'M ASSUMING IS SOME KIND OF MECHANICAL ROOM.
BUT AGAIN, I JUST WANTED TO SHOW THAT THERE'S ALREADY THE SIZE HOUSES IN OUR NEIGHBORHOOD, THESE HEIGHT HOUSES IN OUR NEIGHBORHOOD.
AND THIS KIND OF WHAT GOT US WHERE WE ARE TODAY, AND THE BOARD'S ALREADY KIND OF, KIND OF WENT OVER THIS AND THE CITY'S DONE A GREAT JOB OF EXPLAINING IT.
BUT IF THE CITY WAS ABLE TO APPROVE IN JANUARY THE 25 FOOT, AND THEN IN JULY RIGHT BEFORE THE MEETING ON JULY 14TH, THAT'S WHEN THE CITY DETERMINED THAT IT HAD TO BE FROM THE MIDDLE OF THE MEDIAN.
THAT'S WHERE IT CREATED THE MAJORITY OF THE ISSUES WE'RE IN NOW.
SO WHAT WE'RE DOING IS WE'RE ASKING FOR A HARDSHIP, NOT DUE TO THE LOT SIZE, BUT THE IRREGULAR LOT LOCATION BECAUSE WE DON'T FEEL THE N SS O WAS EVER INTENDED FOR 150 FOOT MEDIAN IN THE MIDDLE OF THE ROAD FOR THAT TO BE THE CENTER.
AND THAT'S WHERE SHOULD BE MEASURED FROM.
AND THIS IS JUST TO SHOW YOU THAT MEDIAN, THAT'S WHAT WE'RE, THAT'S WHAT WE'RE HAVING TO MEASURE FROM THE MIDDLE OF.
AND IF YOU LOOK THAT MEDIAN IS LARGER THAN CANADA AND IT'S LARGER THAN SYLVAN AND IT'S EVEN LARGER THAN CANADA AND SYLVAN COMBINED.
SO WE HAVE A HARDSHIP BECAUSE OF WHERE THE LOT IS, NOT BECAUSE OF THE SIZE OF THE LOTS.
AND THIS IS KIND OF WHAT THE CITY HAD WENT OVER A LITTLE BIT EARLIER.
UH, IN THE MEETING WE HAD BEFORE THE, THE ONE O'CLOCK HEARING.
IF YOU LOOK AT THE GRAPH ON THE LEFT, THIS IS THE WAY THE CITY APPROVED EVERYTHING.
IT WAS A LITTLE BIT OVER 35 FEET.
UH, THE MIDDLE ONE IS THE CHANGES WE'VE MADE TO MAKE IT 34 FEET.
AND THIS IS IF YOU'RE LOOKING AT THE VERY FRONT OF THE HOUSE, IF YOU'RE STANDING IN FRONT OF IT AND YOU'RE LOOKING AT IT, WHAT WE'RE TRYING TO GET ACROSS IS THE MAXIMUM HEIGHT WE CAN GO WITH A PARAPET WALL IS 34 FEET.
SO IF YOU APPROVE IT AS IS TODAY, WE WILL BE 34 FEET.
BUT IF FOR SOME REASON YOU SAY NO, AND WE LITERALLY HAVE TO TEAR DOWN TWO FLOORS AND REBUILD IT, WE'RE STILL GONNA BE AT 34 FEET BECAUSE WE'LL HAVE A FOUR FOOT PARAPET WALL AT THAT POINT.
NOW WE'RE GONNA REDUCE THE PARAPET WALL DOWN TO TWO FEET, SIX INCHES, TWO FEET, FOUR INCHES, SOMETHING SUCH AS THAT.
NEXT I'M GONNA GO OVER THE COST TO BE COMPLIANT.
WHEN WE WERE HERE LAST MONTH, AND I APOLOGIZE, I WASN'T HERE, I WAS, I HAD TO, HAD TO DIAL IN.
WE HAD ORIGINALLY SAID THE COST TO REDO EVERYTHING WAS GONNA BE ABOUT $400,000.
THAT'S WHEN WE HAD THOUGHT WE WERE GONNA HAVE TO TEAR DOWN AND REBUILD.
THAT'S WHEN WE THOUGHT IT WAS FIVE FEET.
BUT NOW SINCE WE KNOW THAT IT'S LESS THAN THREE FEET, WE'LL HAVE TO TAKE THE ROOF DECK OFF, WE'LL HAVE TO TAKE THE THIRD FLOOR OFF AND THE SECOND FLOOR OFF.
THEN WE WOULD TAKE A FOOT OFF EACH ONE OF THOSE FLOORS GOING FROM NINE FEET TO EIGHT FEET AND REBUILD BASED ON THAT.
SO THAT WOULD RESULT IN US HAVING TO GET UPDATED ARCHITECTURE PLANS, ENGINEERING DRAWINGS, A NEW LUMBER PACKAGE, NEW TRUSSES, NEW STEEL FABRICATION, AS WELL AS A BUNCH OF NEW WINDOWS AND DOORS BECAUSE ALL THE WINDOWS AND DOORS ARE SITTING IN THE GARAGE NOW AND THEY'RE FOR NINE SIX.
YOU SAY, YOU SAY YOU'RE NOT A BUILDER, BUT YOU SEEM TO KNOW YOUR BUILDING WELL, GOING THROUGH ALL OF THIS, YES SIR.
THE NEXT SLIDE, WE GOT A, A BID FROM OUR BUILDER TO TEAR DOWN THE, THE, THE DECKING, THE THIRD FLOOR, THE SECOND FLOOR, AND TO REBUILD IT TO MAKE IT COMPLIANT.
OUR BUILDER WAS GONNA BE HERE TODAY, BUT HIS SON HAD TO HAVE EMERGENCY SURGERY, SO THAT'S WHY HE'S NOT ABLE TO BE HERE TODAY TO KIND OF DISCUSS ANY OF THESE IF YOU HAD ANY QUESTIONS.
NEXT I WANNA TALK ABOUT THE JUSTIFICATION FOR THE 50% RULE OF THE HOUSE BILL.
[02:15:02]
AS YOU ALL KNOW, IT'S 50% OF THE APPRAISED VALUE.THE PROBLEM WE RUN INTO IS BECAUSE IT WAS A VACANT LOT, WE DON'T HAVE A TRUE APPRAISED VALUE PER DALLAS COUNTY.
SO I CALLED DALLAS COUNTY AND I SAID, HEY, THIS IS WHERE WE'RE AT.
CAN YOU HELP US? CAN YOU GIVE US SOME KIND OF VALUE? THEY WEREN'T ABLE TO.
I THEN CALLED TWO ADDITIONAL INDEPENDENT APPRAISERS AND SAID, HEY, THIS IS WHERE WE ARE, WE REALLY NEED SOME HELP.
CAN YOU PLEASE, UM, GIVE US SOME KIND OF VALUE ON IT? THEY WEREN'T ABLE TO EITHER.
THEY SAID THE RANGES WOULD BE SO WIDE THAT THERE'S NO WAY THEY WOULD FEEL COMFORTABLE GIVING US ANY KIND OF A VALUE.
SO WHAT I WANTED TO DO NEXT, NEXT SLIDE IS TO COME UP WITH SOME KIND OF WAY TO SHOW YOU WHAT THE VALUE IS.
SO WHAT WE DID IS WE ADDED ALL THE DRAWS WE'VE GOTTEN FROM OUR BANK FOR THE COMPLETE COST WE HAVE IN THE PROJECT.
NOW, APPLIANCES ARE IN THERE SINCE THE APPLIANCES AREN'T THERE NOW, THERE WAS NO NEED FOR ME TO KEEP THAT IN THE VALUE.
SO I TOOK OUT THE 18,000, I ADDED IN ANOTHER $15,450 THAT WE HAVE MS. SALINAS OUT OF POCKET.
THAT LEAVES OUR TOTAL PROJECT COST EVALUATION AT $368,900.
BASED ON HOUSE BILL, 1475, 50% RULE, THE PROJECT VALUATION IS $368,900.
LIKE WE JUST TALKED ABOUT, 50% OF THAT IS $184,450 AMOUNT TO REMOVE THE TOP TWO FLOORS AND REBUILD IS 260,000.
SO THIS EXCEEDS THAT 50%, UH, FOR A HOUSE BILL, 1475.
BEFORE THE LAST BOARD HEARING, WE HAD QUITE A FEW LETTERS OF NONOBJECT.
UM, I UNDERSTAND NOW BASED ON INFORMATION.
WE WERE TOLD YESTERDAY THAT SOME OF THOSE PEOPLE HAVE FLIPPED.
UH, WE'RE NOT SURE WHY THEY FLIPPED.
WE DID MEET WITH BOTH OF OUR NEIGHBORS THAT WERE RIGHT NEXT TO OVER THE WEEKEND.
THEY SAID THERE WAS A HARD PRESS OF PEOPLE COMING TO THEIR HOUSES TRYING TO GET THEM TO CHANGE THEIR MINDS AS WELL.
I, I DON'T WANT TO GO INTO, HE SAID, SHE SAID, I, I I WANT TO BE A GOOD NEIGHBOR.
SO I'M NOT SURE WHY THEY CHANGED THEIR MIND BASED ON THE FIRST SET OF CONVERSATIONS THAT, UH, WHICH, UH, WHICH EVERYONE HAD.
UM, I JUST WANNA SHOW HOW WE'VE MET ALL FOUR OF THESE.
UM, THE FIRST ONE IS, UH, VARIANCE, NOT CONTRARY TO PUBLIC INTEREST.
WE DO HAVE QUITE A FEW LETTERS THAT ARE NOT IN OBJECTION, EVEN WITH THE ONES THAT ARE CHANGING THEIR MIND, THE NEIGHBORS ON BOTH SIDES OF US, THEY ARE STILL, UM, THEY'RE STILL FOR US ON THIS.
THEY, THEY ARE NOT OBJECTING TO ANYTHING.
THE NEXT ONE, THIS IS THE HARDSHIP ONE, AND WHERE WE FEEL LIKE THE N S O WAS NEVER INTENDED FOR A PROPERTY IN SUCH AN UNUSUAL LOCATION.
UM, THE THIRD ONE IS, UM, SELF-CREATED OR PERSONAL HARDSHIP.
AS YOU CAN TELL BY EVERYTHING IN THE EARLIER SLIDE.
WE DIDN'T CREATE THIS HARDSHIP.
WE DID EVERYTHING WE COULD TO NOT BE WHERE WE ARE TODAY.
AND THE LAST ONE IS, UM, THE HOUSE BILL 1475.
OKAY, I ONLY HAVE TWO MORE SLIDES.
UM, THE NEXT ONE, I I WANT TO ADDRESS COMMENTS FROM THE NEIGHBORS LAST TIME.
UM, I WANT THE NEIGHBORS TO KNOW THAT WE'RE NOT THE ENEMY HERE.
WE, WE WANT TO CONTRIBUTE TO THE NEIGHBORHOOD.
WE WANT TO, WE BOTH WORK FOR A LARGE LAW FIRM.
WE CAN HELP WITH THE LITIGATION FOR THE COMMUNITY CENTER.
WE, WE CAN HELP CLEAN THE PARK.
WE EVEN WANTED TO JOIN THE ASSOCIATION, BUT WHEN WE WENT THERE TWO TIMES AGO, IT WAS LIKE WE WERE THE ENEMY.
SO IT WAS, IT, IT WAS, IT WAS VERY DIFFICULT TO, TO SAY THE LEAST.
BUT I JUST WANTED THE NEIGHBORS KNOW THAT AGAIN, WE WANT TO BE GOOD NEIGHBORS.
WE, WE DON'T WANT TO HAVE TO PIT NEIGHBOR, AGAINST NEIGHBOR OR HE SAID VERSUS SHE SAID, WE WANT TO BE A PART OF THAT AREA AND A PART OF THAT NEIGHBORHOOD.
UM, OTHER THING THAT SOME OF THE NEIGHBORS THAT SPOKE KEPT TALKING ABOUT WAS TAXES GOING UP.
UH, THE, THE, AND I JUST WANTED TO LET THEM KNOW THAT TAXES ARE GOING UP EVERYWHERE BECAUSE THE DEPRECIATIONS ARE GOING UP.
SO EVEN IF THE BOARD DECLINES OUR REQUESTS TODAY, THE TAXES ARE GONNA CONTINUE TO GO UP BECAUSE THAT'S THE AREA OF THE CITY THAT, THAT IS GROWING.
UH, THE ENTIRE CITY IS GROWING AT THIS POINT.
SO TAXES ARE GOING UP FOR ALL OF US.
AND THANK YOU FOR THE EXTRA TIME.
IT WAS NEVER OUR INTENT TO BE NON-COMPLIANT.
UM, AS YOU CAN TELL, WE AGAIN WENT ABOVE AND BEYOND.
WE DID EVERYTHING WE THOUGHT WE NEEDED TO DO NOT TO BE HERE.
UM, AND UNFORTUNATELY WE ARE HERE DUE TO A HUMAN ERROR, AN INNOCENT HUMAN ERROR.
UM, THIS IS A UNIQUE LOT LIKE WE'VE TALKED ABOUT EARLIER.
WE FEEL THERE'S A HARDSHIP DUE TO THAT YET.
[02:20:01]
THAT THIS IS OUR FOREVER AND RETIREMENT HOME.UH, WE USED A LOT OF OUR RETIREMENT FUNDS TO BUILD THIS HOME.
AND NEXT I NEED TO KIND OF LET THE BOARD KNOW WHAT WOULD HAPPEN IF YOU DO DENY IT.
WE DON'T HAVE $260,000 TO MAKE IT COMPLIANT.
WHEN WE TELL OUR BANK THAT WE DON'T HAVE THAT MONEY AND THE BANK'S NOT GONNA LOAN US THAT MONEY, THE BANK'S GONNA CALL THE NOTE DUE AND PAYABLE.
SO AT THAT POINT, WE'RE GONNA HAVE TO FIGURE OUT HOW TO PAY $650,000 OR DO WE FILE BANKRUPTCY AT THAT POINT? AND THAT'S KIND OF WHERE WE ARE.
AND UNFORTUNATELY IT'S DUE TO AN INNOCENT HUMAN MISTAKE.
BUT THAT'S WHERE WE ARE PERSONALLY.
AND US BEING AN ELDERLY COUPLE, IT WOULD BE DEVASTATING TO US IF WE HAD TO FILE BANKRUPTCY AT 56 AND 63.
YOU'RE NOT ELDERLY
I FEEL LIKE IT
AND I JUST WANT TO CLOSE WITH PLEASE DON'T PENALIZE US FOR SOMEONE'S INNOCENT ERROR.
UM, AND AGAIN, THANK YOU FOR YOUR TIME TODAY AND I APPRECIATE Y'ALL LISTENING AND THANK YOU.
OH, AND JUST TO LET EVERYONE KNOW IN THE BACK OF THE PRESENTATION, I HAVE COPIES OF ALL THE EMAILS AND BIDS AND STUFF THAT'S LARGER.
WE SEE THAT, SO IT'S EASIER TO READ.
DID YOU WANT TO SPEAK? I'M FINE.
I DON'T HAVE TO ADD ANYTHING ELSE UNLESS YOU HAVE QUESTIONS AND I CAN HELP YOU.
WE'LL, WE'LL COME WITH QUESTIONS AFTER YOU.
UH, GOOD AFTERNOON, MR. CHAIR.
AND, UH, I'M PHILIP KINGSTON, 5 9 0 1 PALOP PINTO.
UM, YOU ALL HEARD FROM ME LAST MONTH.
UM, I'M ESSENTIALLY HERE TO ANSWER QUESTIONS.
I WOULD SAY THAT THE TWO MOST IMPORTANT THINGS FROM THE LEGAL PERSPECTIVE ARE THE FACT THAT THE PROPERTY DOES HAVE A HARDSHIP THAT WAS NOT CREATED BY THE APPLICANT.
AND THE HARDSHIP IS THE INCREDIBLY WIDE MEDIAN ON THE, THE STREET IN FRONT OF THE HOUSE.
UM, BOTH THE CITY AND THE ARCHITECT MEASURED THE N SS O HEIGHT FROM THE STREET IN FRONT OF THE HOUSE, WHICH IS A, A VERY NORMAL READING OF THE, THE CODE, WHICH, UH, I THOUGHT STAFF DID A VERY GOOD JOB OF EXPLAINING WHAT THE CODE MEANS LAST TIME.
UM, AND THAT IS IN FACT, UH, A REASON THAT THE APPLICATION OF THE LITERAL ZONING WOULD NOT ACCOMPLISH THE GOALS OF THE ZONING.
UM, WHICH IS PART OF YOUR, AS YOU WELL KNOW, PART OF YOUR LEGAL STANDARD.
AND THEN THE SECOND, UH, THING THAT I THINK YOU NEED TO TAKE A LOOK AT, AND THIS IS DIFFICULT BECAUSE THE LEGISLATURE WROTE THIS WRONG, GIVING YOU THE ECONOMIC IMPACT, UH, ABILITY TO, UM, AT YOUR DISCRETION CONSIDER WHAT THE COST OF COMPLIANCE WOULD BE.
THE LEGISLATURE APPARENTLY DOESN'T UNDERSTAND HOW THESE PERMITTING PROCESSES WORK BECAUSE THIS IS THE WAY THAT THESE PERMITTING PROCESSES GET CAUGHT.
IF THERE IS A MISTAKE, IT'S WHEN THE PROJECT IS IN BILL IS IN FRAMING THAT SOMEBODY FINALLY SAYS, HEY, WE MADE A MISTAKE ON THE PERMIT, YOU'VE GOT TO STOP.
AT THAT POINT, ALMOST NOBODY HAS AN APPRAISED VALUE OF THE STRUCTURE.
SO I'M HERE TO TELL YOU THAT THE CITY STAFF, AND I BELIEVE THEY HAVE GIVEN YOU THIS ADVICE, IS TAKING THE APPLICANT'S, UM, ESTIMATION OF THE VALUE OF THE STRUCTURE AS IT STANDS THERE TODAY AS AN ACCEPTABLE SUBSTITUTE FOR A DEC AD VALUE, WHICH YOU WOULD, YOU'RE NEVER GONNA GET.
UM, SO I THINK THAT MAKES A LOT OF SENSE.
IT'S WHAT THE LEGISLATURE INTENDED.
THEY INTENDED SPECIFICALLY TO GIVE BOARDS OF ADJUSTMENT.
THEY DIDN'T MAKE IT MANDATORY ON Y'ALL TO, WHEN THERE IS AN ECONOMIC IMPACT SUCH AS THIS, WHEN IT'S REALLY SEVERE, IT GIVES YOU THE OPPORTUNITY TO, UH, CREATE THOSE VARIANCES.
WHEN IN THE PAST, YOU ALL, MANY OF YOU HAVE, HAVE ENOUGH EXPERIENCE ON THIS BOARD TO REMEMBER NOT BEING ABLE TO VOTE FOR A VARIANCE THAT CAUSED A, A FINANCIAL CATASTROPHE FOR THE APPLICANT.
UM, SO I WOULD, I WOULD ENCOURAGE YOU TO TAKE A LOOK AT THAT AND IF YOUR DISCRETION, UH, IF YOU IN YOUR DISCRETION DECIDE THAT'S AN IMPORTANT POINT, UH, WE WOULD APPRECIATE YOU CONSIDERING THAT AS A ANOTHER BASIS FOR A VARIANCE.
AND I'LL BE AROUND FOR QUESTIONS.
UM, WHAT, WHAT I'M GONNA DO IS OPEN, UM, ASK THE BOARD TO ASK ANY QUESTIONS OF THE APPLICANT APPLICANTS, UH, BEFORE WE THEN WILL SWITCH TO THESE TO SPEAKERS AGAINST.
SO QUESTIONS FROM THE BOARD FOR THE APPLICANT, MR. HOLCOMB.
SO, UH, I WANTED TO ASK QUESTIONS RELATING TO, UM, THESE LETTERS OF SUPPORT THAT WERE, THAT WERE ORIGINALLY PROVIDED AT THE BE BEGINNING OF THE CASE, SIR.
[02:25:01]
GUYS COLLECT THOSE? WE, WE MET WITH OUR NEIGHBORS ON THE RIGHT.WE'VE ACTUALLY BECAME PRETTY GOOD FRIENDS WITH THEM.
WE MET OUR NEIGHBORS ON THE LEFT.
WHEN WE WERE CHATTING WITH HIM AND TALKING WITH HIM ABOUT WHAT WAS GOING ON AND HOW WE WERE PUT IN A HORRIBLE SITUATION, WE WERE GETTING LETTERS SIGNED.
HE SAID, IF YOU WANT, I WILL VOLUNTEER TO HELP YOU GET SOME SIGNED.
HE SAID, I'VE BEEN HERE 20, 30 YEARS, I WILL GLADLY HELP.
UH, I HAVE NO PROBLEM WITH THAT AT ALL.
SO HE HELPED WITH SOME OF THOSE.
UH, AND THE REASON I'M ASKING IS MM-HMM.
UM, AND SO I JUST WANTED TO SEE IF YOU HAD ANY COMMENTS ON THIS IS, UH, HENRY V. RODRIGUEZ, UH, APPARENTLY SIGNED ONE IN SUPPORT OF MM-HMM.
SO I WAS TRYING TO FIGURE OUT HOW THAT HAPPENED.
NO, OUR NEIGHBOR ON THE LEFT, DAVID BANDIDO, HE VOLUNTEERED TO HELP US GET SOME OF THOSE.
UM, SO THAT WOULD HAD TO HAVE BEEN ONE THAT HE HELPED US WITH.
WE DIDN'T, WE DIDN'T ASK, WE DIDN'T DO ANYTHING.
HE VOLUNTEERED TO HELP BECAUSE HE FELT LIKE THE CITY WAS PUTTING US IN A HORRIBLE SITUATION AND HE EVENTUALLY WANTS TO TEAR DOWN AND BUILD.
SO HE'D WANT TO BE IN THE SAME SITUATION WE WERE IN.
WHAT ARE THE QUESTIONS AT THIS POINT IN TIME FOR THE APPLICANT? DOES THE BOARD HAVE QUESTIONS FOR THE APPLICANT? OKAY, HANG TIGHT.
UM, OUR RULES SAY THAT YOU ARE ALLOWED A FIVE MINUTE REBUTTAL AFTER BOTH SIDES HAVE BEEN ABLE TO SPEAK.
ALRIGHT, MS. WILLIAMS, YOU TOLD ME BEFORE WE HAVE EIGHT SPEAKERS REGISTERED AGAINST, SO LET'S DO THE SPEAKERS THAT ARE PRESENT FIRST.
DO, LET'S DO ALL THE ONES PRESENT FIRST.
MARIA, ADA GARCIA, IF YOU'RE HERE, WOULD YOU PLEASE STAND UP? OKAY, STEPHANIE, CHAMPION.
TONY CARILLO, PLEASE STAND UP SIR.
'CAUSE YOU'RE GONNA BE SWORN IN, SO THAT'S WHY I WANT YOU TO STAND UP BROWN.
DO YOU ALL SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
WHEN YOU COME TO THE MICROPHONE, PLEASE SAY YOUR NAME AND ADDRESS.
OUR BOARD SECRETARY WILL CALL EACH PERSON, UH, DOWN YOU GO AND SIT DOWN ARE OUR BOARD SECRETARY WILL CALL EACH PERSON AND YOU'LL BE GIVEN FIVE MINUTES TO ADDRESS THE BOARD.
YOU GIVE US YOUR NAME AND ADDRESS AND THEN YOU HAVE FIVE MINUTES.
SO MY NAME IS, UH, MARIA LOSADA GARCIA, AND I LIVE AT 24 22 POST BRIDGE ROAD, GRAND PERRY, TEXAS 7 5 0 5 0.
UM, I WILL BE ALONG WITH MY SIBLINGS INHERITING MY FATHER'S HOME AT 32 28.
BATAN, WHAT, WHAT ADDRESS ON BATAN? UM, 32 28 BATAN.
UM, WHETHER THIS BOARD ACCEPTS IT OR NOT, THIS CASE IS MUCH MORE THAN A SIMPLE HEIGHT VARIANCE.
THIS IT IS ABOUT FAIR HOUSING RIGHTS, THE CONTINUED MARGINALIZATION OF LOW AND MIDDLE INCOME COMM, UM, COMMUNITY, THE CONTINUED FAILURE OF THE CITY OF DALLAS TO ENFORCE THE RULES AND COMMITMENTS MADE TO THE WORKING CLASS RESIDENTS BY ALLOWING ESSENTIALLY MILLION DOLLAR HOMES TO BE BUILT IN A WORKING CLASS COMMUNITY, YOU ARE DISPLACING LOW TO MIDDLE INCOME FAMILIES AND TOTALLY OBLITERATING THE SPIRIT AND INTENT OF THE N S O.
THE COMMUNITY FELT FAVORITISM TO THE APPLICANT BY FIRST ALLOWING HIM TO SPEAK WITHOUT BEING REGISTERED OR SWORN IN IN THE LAST MEETING.
IF IT HAD NOT BEEN, UM, BROUGHT UP TO YOUR ATTENTION, IT WOULD HAVE, YOU WOULD HAVE ALLOWED HIM TO CONTINUE.
AND WE WONDER IF IT HA IF IT HAD BEEN A RESIDENT OF LA BAJA, WOULD IT YOU HAVE LET IT EASILY SLIP YOUR MIND
[02:30:03]
THE STATEMENT, GOSH ALMIGHTY, I HATE TO PENALIZE A PROPERTY OWNER WHO WAS TRYING TO FOLLOW THE RULES AND HAS STOPPED WHEN THEY WERE TOLD TO STOP WHEN IT IS ALL SAID AND DONE.THIS HOUSE WITH THE ELEVATOR WILL APPRAISE WELL OVER A MILLION DOLLARS.
AS, AS HE SAID, THE OTHER COMPARABLE HOUSE WAS PRICED CLOSE TO A MILLION DOLLARS.
AS DCA SHOWS THE OWNER OF THE HOUSE IS NOT MR. LANCE THA AGE 56 AS HE REPORTED IN THE LAST MEETING.
BUT HIS HUSBAND, RICHARD DAVID RUSSELL, WHO IS AGE 63.
SO IN TWO YEARS, MR. RUSSELL WILL QUALIFY FOR AN ADDITIONAL HOME EXEMPTION.
THE 65 AND OLDER EXEMPTION UPON ON TOP OF THE REGULAR EXEMPTION, MR. LANCE, UM, SENIOR DIRECTOR OF MCKAYLA RAYER, RAYER, AND BERG PEERS, UH, WILL CONTINUE TO EARN A VERY HIGH DOLLAR SALARY COMPARED TO OUR FIXED INCOME SENIOR RESIDENTS AND CITIZENS.
NO COMPASSION WAS EXPRESSED IN HOW IT WILL ADVERSELY IMPACT THE NEIGHBORING PROPERTIES, THE QUALITY OF LIFE IN LA BAJA, AND THE DISPLACEMENT OF LOW INCOME RESIDENTS.
AS MORE OF THESE MILLION DOLLAR HOMES POP UP IN OUR SMALL WORKING CLASS NEIGHBORHOOD, RESIDENTS WILL FEEL UNCOMFORTABLE OR UNWELCOME.
NO LONGER WILL THEY HAPPILY AND SLOWLY STROLL IN THE NEIGHBORHOOD THEY LOVE.
BUT HURLY WALK PAST THESE COLD AND UNWELCOMING HOMES.
SO OUT OF A PLA OUT OF PLACE IN OUR BELOVED BODY.
CURRENT RESIDENTS LIKE MR. JOHN GALLOS, WHO HAVE AND WILL BE INHERITING FAMILY HOMES WILL BE FORCED TO SELL BECAUSE THEY WILL BE TOO COSTLY TO LIVE IN.
RAPE IS ABOUT POWER AND CONTROL.
IT IS A DEEPLY PERSONAL ACT THAT STEALS THE SENSE OF SECURITY, WHICH IS OUR COMMUNITY, OUR DIGNITY, WHICH IS OUR WORKING CLASS, MODEST HOMES THAT WE BUILT FROM SCRATCH FOR A LOT OF THE, THE LEGACY RESIDENTS AND THE WHOLENESS OR QUALITY OF LIFE THAT WE EXPERIENCE THERE.
THIS IS WHY IT IS SO EXTREMELY PERSONAL TO ME AND TO EVERY RESIDENT LIVING IN LAVA HALA.
BY GRANTING THIS HEIGHT VARIANCE, YOU ARE PERMITTING THE RICH AND WEALTHY TO RATE THE WORKING CLASS CITIZENS, RESIDENTS OF LAVA HADDA, BUT MAKE NO MISTAKES.
WE ARE NOT VICTIMS, WE ARE FIGHTERS.
WE HAVE FOUGHT FOR EVERYTHING IN THIS COMMUNITY.
NOW WE ASK THE BOARD OF ADJUSTMENTS TO UPHOLD THE HEIGHT VARIANT SET IN PLACE BY LAVA N S O AND DENY THE APPLICANT'S REQUEST.
WE ALSO REQUEST A CONTINUANCE, OR I MEAN A POSTPONEMENT OF THE DECISION AS WE THE LAJA, THE NEIGHBORHOOD COMMUNITY ASSOCIATION IS IN THE PROCESS OF OBTAINING LEGAL COUNSEL.
NEXT SPEAKER, MS. UH, BOARD SECRETARY STEPHANIE CHAMPION.
IF YOU GIVE US YOUR NAME AND ADDRESS.
AND THEN YOU HAVE FIVE MINUTES.
MY NAME IS STEPHANIE CHAMPION.
I LIVE AT 1842 MCBROOM STREET, DALLAS, TEXAS 7 5 2 1 2.
WHAT WAS THE STREET AGAIN? 1840 MCBROOM STREET.
I ALSO SERVE AS THE CHIEF COMMUNITY DEVELOPMENT AND POLICY OFFICER FOR BUILDERS OF HOPE, C D C A, WEST DALLAS BASED NONPROFIT, AFFORDABLE HOUSING AND COMMUNITY DEVELOPMENT ORGANIZATION.
WE AIM TO CULTIVATE NEIGHBORHOODS WHERE QUALITY, AFFORDABLE OP HOUSING OPTIONS ARE ACCESSIBLE FOR ALL INCOMES.
NEW DEVELOPMENT IS EQUITABLE, INCLUSIVE, AND NON-DISRUPTIVE.
AND RESIDENTS HAVE THE RIGHT TO SELF-DETERMINATION AND TO BE FREE FROM DISPLACEMENT.
I'M HERE IN OPPOSITION TO THIS CASE AND ASK THAT YOU VOTE TO DENY THE VARIANCE BECAUSE IT IS CONTRARY TO THE PUBLIC INTEREST, DOES NOT HONOR THE SPIRIT OF THE ORDINANCE AND WILL RESULT IN A SUBSTANTIAL INJUSTICE TO THIS COMMUNITY.
I UNDERSTAND THIS IS A TOUGH CASE AND AS THE CHAIRMAN MENTIONED AT THE PREVIOUS MEETING IN JULY, THIS BOARD OFTEN HAS TO DEAL WITH OOPS TYPE SITUATIONS, WHICH ARE NEVER FAIR OR EASY.
THE SITE PLAN SHOULD HAVE NEVER BEEN APPROVED AND THE PERMIT SHOULD
[02:35:01]
HAVE NEVER BEEN GRANTED.INDEED A WRONG WAS DONE TO THIS APPLICANT.
HOWEVER, THERE IS SO MUCH MORE AT PLAY HERE, AND I ENCOURAGE YOU ALL TO CAREFULLY AND DILIGENTLY CONSIDER THE LEGAL STANDARD FOR GRANTING SUCH A VARIANCE BECAUSE THERE IS A MUCH GREATER WRONG BEING DONE TO THIS COMMUNITY.
I UNDERSTAND YOU'RE REASONABLY CONCERNED ABOUT THE FINANCIAL HARDSHIP TO THIS APPLICANT, BUT HERE'S THE THING, EVEN IF YOU FIND THAT THERE IS HARDSHIP, YOU STILL HAVE TO CONCLUDE AS WELL THAT THE VARIANCE IS NOT CONTRARY TO THE PUBLIC INTEREST.
THAT THE SPIRIT OF THE ORDINANCE IS STILL OBSERVED AND SUBSTANTIAL JUSTICE DONE.
SO LET'S CONSIDER THE SPIRIT OF THE ORDINANCE.
THE N S O ORDINANCE WAS ADOPTED BY CITY COUNCIL IN 2005 AFTER FINDING THAT QUOTE, THE CONSTRUCTION OF NEW SINGLE FAMILY STRUCTURES THAT ARE INCOMPATIBLE WITH EXISTING SINGLE FAMILY STRUCTURES WITHIN A CERTAIN ESTABLISHED NEIGHBORHOOD IS DETRIMENTAL TO THE CHARACTER STABILITY AND LIVABILITY OF THAT NEIGHBORHOOD AND THE CITY AS A WHOLE.
NSOS ARE WIDELY CONSIDERED TO BE ONE OF THE ONLY AND MOST EFFECTIVE PLANNING AND LAND USE TOOLS TO COMBAT INTRUSIVE AND HARMFUL DE DEVELOPMENT IN SINGLE FAMILY NEIGHBORHOODS THAT ARE VULNERABLE TO GENTRIFICATION AND DISPLACEMENT.
THIS TOOL WAS PUT IN PLACE PRECISELY TO PREVENT THE TYPE OF INCOMPATIBLE DEVELOPMENT THIS APPLICANT SEEKS TO CONSTRUCT.
ANY REQUEST TO EXCEED THE MAX HEIGHT LIMIT IN A SINGLE FAMILY NEIGHBORHOOD SHOULD GIVE YOU PAUSE, BUT ESPECIALLY A REQUEST TO EXCEED THE MAX HEIGHT LIMIT WITHIN AN N S O.
THIS COMMUNITY FOUGHT HARD BACK IN 2012 TO PUT THESE PROTECTIONS IN PLACE.
THEY SHOULDN'T HAVE TO KEEP FIGHTING TO MAINTAIN THEM AND THEY SHOULDN'T BE PUNISHED BECAUSE OF SOMEONE ELSE'S.
I URGE YOU TO DO THE RIGHT THING TODAY TO CAREFULLY CONSIDER THE LEGAL STANDARD AND TO VOTE IN FAVOR OF THE PUBLIC INTEREST AND IN FAVOR OF JUSTICE.
APPRECIATE YOUR COMMENTS, MS. BOARD SECRETARY, MR. TO CARILLO? GOOD AFTERNOON, SIR.
WE'RE IN THE CHAMBERS LAKE CHURCH.
IF YOU GIVE US YOUR NAME AND YOUR NAME AND ADDRESS AND THEN YOU HAVE FIVE MINUTES, SIR.
GOOD AFTERNOON, LADIES, GENTLEMEN.
UM, I'M WAS BORN HERE IN WEST DALLAS, 6/19/61.
YOUR ADDRESS, 31 0 9 PARVE AVENUE, DALLAS, TEXAS 7 5 2 1 2.
HAVE PROPERTY RIGHT BEHIND THAT AND PROBABLY ABOUT 500 FEET FROM THAT.
THE, UH, PROPERTY IN QUESTION RIGHT NOW ON NOOMA STREET.
I'M A PROPRIETOR IN DISTRICT SIX.
I HAVE FOUR HOUSES HERE IN DISTRICT SIX, ONE AND DISTRICT ONE AND, UH, FORECAST ONE IN 14.
SO I KNOW WHAT IT, AND I'M, I'M A PROPRIETOR.
I NOT BUILD HOMES FROM SCRATCH UP AND I KNOW WHAT IT IS TO DEAL WITH, UH, CODE AND ALL THE HAVE, HAVING TO DEAL WITH THEM AND DO EVERYTHING PROPERLY.
BUT, UH, ANYWAY, LET ME GO BACK TO THIS.
IS THAT IT FOR RIGHT NOW? OKAY, PROCEED.
I WANNA REQUEST ONE MINUTE AT THE END AFTER THE, AFTER YOUR JUDGMENT.
OUR PROCEDURE IS THAT WE GET RIGHT NOW TESTIMONY FROM THE APPLICANT, QUESTIONS THAT FROM THE BOARD TESTIMONY FROM ANYONE IN OPPOSITION, AND THEN WE HAVE QUESTIONS AND THEN WE HAVE OUR DELIBERATION.
SO THE MAIN REASON WE'RE HERE IS FOR OUR S O I MEAN, WHEN WE, WHEN I FIRST, I'M THE ONE THAT'S SEEN THAT, THAT, THAT FRAME BEING BUILT UP ABOVE OUR, AND IT WAS NOTHING BUT A FRAME.
SO THAT'S, THAT'S WHEN IT WAS FIRST REPORTED.
AND NOW THAT, THAT PICTURE THAT WAS SHOWN UP THERE, RIGHT THERE, THAT'S NOT THE WAY IT IT LOOKS AT RIGHT NOW.
YOU SHOULD GO BY THERE AND SEE THERE.
AND ON JULY 25TH, THEY WERE OUT THERE AGAIN BUILDING, WORKING IT, WORKING ON THAT HOUSE INSIDE THE HOUSE.
AND I REPORTED IT AND THERE WAS A CODE, CODE OF, I REPORTED THE CODE AND THEY, THEY REPORTED IT THERE TOO.
AND THERE WAS PICTURES TAKEN OF VEHICLES ON TOP OF THE BOULEVARD.
THERE WAS WORK BEING DONE ON THAT JULY 25TH ON MY BIRTHDAY.
OKAY, UM, LET SEE WHERE I'M AT.
YEAH, I REMEMBER THAT WAS A FRAME, JUST A FRAME.
AND I TALKED TO A BUILDER, ALSO A CONSTRUCTION GUY THAT'S A COMMERCIAL AND HE'S BONDED AND ALL THAT TOO.
AND HE TOLD ME, ALL YOU HAVE TO DO IS, UM, THE FRAME WAS UP THERE.
ALL YOU HAVE TO DO IS CUT THE RAFTER DOWN AND IT'S A LOT OF WORK, BUT, UH, COMPARED TO WHAT IT IS NOW AND HOW MUCH MATERIAL AND, AND, UH, INPUT THE, UH, SUPPLIES THAT THEY'VE ALREADY DONE TO THAT HOUSE, NOW IT'S, BACK THEN IT WAS PROBABLY, WHAT, 5% MAYBE.
BUT NOW THAT, NOW THAT WHAT THEY GOT ON INVESTED IN THERE.
NOW, I DON'T KNOW WHY I WOULD'VE STOPPED RIGHT THEN AND THERE, BUT MATERIAL LIKE THAT, YOU CAN GET YOUR MONEY BACK ON THAT.
[02:40:01]
I DON'T WANNA TOUCH THAT YET.I'LL HAVE TO COME BACK TO THAT ONE, BUT, UM, LEMME SEE, WHERE AM I HERE? OKAY.
AND THE, THE, UH, ONE OF THE MAIN REASONS WE DID THAT, THE, I WAS, UH, THIS WAS WAY BEFORE MY TIME WHEN THAT N S O WAS IMPLEMENTED BACK THERE.
BUT I REMEMBER THE GUYS, I'VE ONLY BEEN ACTIVE, UH, IN THE COMMUNITY ABOUT NINE YEARS.
I'VE BEEN RETIRED FROM A, UH, COACH.
I WAS A COACH, VOLUNTEER COACH AFTER WORKING TWO JOBS AND STUFF.
AND THEN, UH, PEOPLE WOULD COME TO ME, TO THE FIELD TOO, IN MY FIELD AND TELL ME WHAT'S GOING ON AND HERE IN WEST DALLAS ABOUT THE GENTRIFICATION.
I'M OUT HERE WITH THESE KIDS, YOU KNOW.
SO FINALLY, I GUESS, UH, BY, BY THE GRACE OF GOD I WAS, I GOT TOO OLD.
NOW I'VE BEEN ACTIVE HERE, HERE IN THE COMMUNITY, SO I'M, I'M GONNA BE DOING THAT TILL THE DAY I DIE PROBABLY.
BUT ANYWAY, UH, THAT HEIGHT VARIANCE THERE, THE N S O WAS IMPLEMENTED BE TO LOWER TO KEEP OUR TAXES STABILIZED.
'CAUSE YOU, YOU, AS WE, WE SPOKE LAST TIME, YOU GUYS ALREADY, YOU STILL HAVE ALL THE PAPERWORK WE I PRESENTED TO YOU ALL LAST TIME.
AND NO, I, YOU, YOU SPOKE ON IT AND THAT'S, I SAID BINGO.
BUT ANYWAY, UH, YEAH, THAT N IT WAS IMPLEMENTED THERE TO KEEP OUR, KEEP OUR PROPERTY TAXES AS LOW AS POSSIBLE.
AND THE, THE HOUSES THAT ARE BEING BUILT RIGHT NOW, I WOULD SAY MAYBE 4%, MAY PROBABLY EVEN LESS THAN THAT, THAT, THAT ARE BUILT UP ABOVE SAY, $500,000, YOU KNOW, AROUND THERE.
BUT THE REST OF 'EM ARE, UH, THEY'RE, THEY'RE, I'M GUESS AVERAGING ABOUT MAYBE 1 75 OR SOMETHING BECAUSE THEY'RE, WE BUILT THOSE WAY BACK IN THE FIFTIES AND THE SIXTIES.
MY GRANDFATHER WAS HERE IN 1915 AGAIN.
BUT ANYWAY, UH, LEMME SEE WHAT ELSE WHERE I'M AT.
UH, THE VIDEO YOU GUYS, UH, REMEMBER WHAT THE VIDEO THAT Y'ALL SHOWED LAST TIME, ALL THAT TOO.
REMEMBER THAT THE VIDEO, REMEMBER IT SHOWED THE FRAME AND IT SHOWS THE HISPANIC GUYS WORKING ON THERE.
AND IT WAS NOTHING BUT A FRAME.
THAT'S WHEN THE FIRST CUT CODE VIOLATION WAS IMPLEMENTED RIGHT THEN AND NOW, I MEAN, LIKE I SAID, THERE'S SO MUCH MATERIAL ON THERE.
THAT THING IS ALMOST, I DON'T WANT, I WOULD GUESS MAYBE 85% DONE.
I MEAN, ALL YOU GOT IS SIDING NOW.
AND, UH, MAYBE SOME, IT'S GOT WINDOWS ON THERE.
THE PICTURES THAT WERE SHOWN HERE DOESN'T EVEN SHOW WINDOWS.
THERE'S MATERIAL ALL OVER THE GLEN.
AND DON'T FORGET ABOUT THE VIOLATIONS THAT WERE IMPLEMENTED WHEN THAT FRAME WAS FOUND THERE, THERE WAS SEVERAL, I MEAN, BUSTED GATE GLASSES ALL AROUND, ALL THROUGH THE SIDEWALK.
THERE WAS DIRT THERE, DUMPSTERS IN THE FRONT, SEVERAL ISSUES.
AND THEN, UH, AGAIN, LIKE I SAID, BACK IN 20, UH, JULY 25TH, UH, THEY WERE BACK THERE DOING IT AGAIN.
SO THAT JUST KIND OF, IT KIND OF, KIND OF MAKE LEADS AN INDIVIDUAL TO BELIEVE THAT, UH, UM, YOU KNOW, THEY, THEY'RE GONNA GET TO DO, DO WHAT THEY WANT TO DO.
BUT, YOU KNOW, AND, UH, AND UH, I HEARD A COMPLAINT ABOUT, UH, SAYING IT'S THE COST AND THE CAUSE OF INFECTION.
I MEAN, UH, THEY, IT WAS EVEN STATED THAT THERE'S ANOTHER PROPERTY OWNED ON CANADA DRIVE.
I USE ONE, I'LL, I'LL GET A LOAN FROM ONE HOUSE TO BUILD ANOTHER HOUSE.
BUT, YOU KNOW, I'M JUST NOT, I'M TOO OLD.
YOU KNOW, I JUST GOT THAT ONE PROJECT AND NO, YOU'RE NOT TOO OLD.
I LOVE WHEN PEOPLE TELL ME THAT.
I DIDN'T WANT TO, I JUST DIDN'T WANT TO GIVE YOU FINANCIAL ADVICE ON WHAT TO DO OR WHATEVER, BUT I WOULD DO WHAT I WOULD DO.
BUT ANYWAY, I'M, UH, MOVING FORWARD ON THAT.
AND THAT BOULEVARD, THERE'S BEEN THERE BACK SINCE THE SIXTIES.
THEY USED TO, THEY USED TO DRAG ON DOWN CANADA DRIVE.
I REMEMBER A KID BEING OUT THERE, I USED, THERE WAS A TREE THERE CALLED THE HANGING TREE.
AND PEOPLE WOULD HANG, WOULD HANG OUT THERE AND THEN WATCH THE DRAG STREETS.
THAT BOULEVARD'S BEEN THERE FOREVER, SIR.
I MEAN, AND THEN, UH, THE, UH, THE, THE WAY THEY MEASURED THE STREET, LIKE THE, THE CITY WAS TALKING ABOUT FROM THE MIDDLE OF THE BOULEVARD.
IT'S NOT THE MIDDLE OF BOULEVARD.
THE JANNING STREET, THAT'S RIGHT THERE IS, FROM THERE IT GOES UP TO 27 FEET.
SO, UH, LET'S SEE WHAT ELSE WE GOT HERE.
'CAUSE I DID, I DID A SCRATCH DEAL.
I WAS, I WOULD'VE BROUGHT PICTURES OF DOGS TOO.
I GOT A, A BELGIUM, I HAD TO TOUCH IT.
'CAUSE OH, M UH, BOY, WE'VE CREATED A NEW PRECEDENT.
I KNOW, YOU KNOW, ONE OF THE THINGS THEY SAY EVERY MORNING FOR THE HEARING IS WE DON'T CREATE PRECEDENT.
WE'RE NOT CREATING A DOG PRECEDENT.
WELL, I SHOULD'VE RUINED Y'ALL WOULD'VE FELL IN LITTLE, SO YOU NEED, YOU NEED TO START WRAPPING IT UP.
OH, UH, I JUST WANNA TAKE ONE MORE THING AND, UH, I, I DON'T WANT, I DON'T WANT TO, UH, CALL ANYBODY THIS NO.
OR ANYTHING, BUT JUDGES, UH, YOU KNOW, JUDGES FOR GENERATIONS HAVE SAID THAT IGNORANCE IS NO EXCUSE FOR THE LAW.
SO I'D JUST LIKE TO CLOSE FOR THAT, BUT I DON'T WANT TO OFFEND ANYBODY OR ANYTHING LIKE THAT.
THEN, THEN DON'T, WE ARE DONE.
DON'T, DON'T GO SOUTH, OKAY? STAY NORTH.
MS. BOARD SECRETARY, MS. CELIA LAGOS.
[02:45:01]
LAGOS, IF YOU'D GIVE US YOUR NAME AND YOUR ADDRESS, AND THEN YOU HAVE FIVE MINUTES TO, UM, SPEAK TO THE BOARD.GOOD AFTERNOON, MR. CHAIR, BOARD OF ADJUSTMENT MEMBERS.
I RESIDE AT 1 3 1 NORTH MONTCLAIR, DALLAS, TEXAS 7 5 2.
I WANT YOU TO BE IN ZEN WITH ME ALSO, BECAUSE JUST LIKE THIS GENTLEMAN, YOU SAW MY PASSION LAST WEEK, I WANT YOU TO UNDERSTAND THAT I'M TRYING TO CONTROL IT, OKAY? SO I'M GONNA SPEAK WITH YOU AS ELOQUENTLY AS I CAN BECAUSE THAT LITTLE, YOU KNOW, LITTLE, UM, EXCITEMENT INC.
SO WHAT I FIRST WANT TO TELL YOU IS THAT I AM THE DAUGHTER OF THE GENTLEMAN AT 33 0 7 BATAN STREET, THE ONE THAT YOU GOT THE NOTARIZED LETTER FROM.
UNFORTUNATELY, WHOEVER GOT THAT SIGN SIGNATURE HIT THE WRONG HOUSE.
AND HE JUST ADAMANTLY TOLD ME I DID NOT SIGN THAT LETTER.
AND AS YOU CAN TELL, MY FATHER SINCE THE BEGINNING OF TIME WHEN HE BECAME, HENRY RODRIGUEZ HAS SIGNED HENRY V. RODRIGUEZ V FOR VOR.
I WANT YOU TO UNDERSTAND HOW THIS HAPPENED AND HOW WRONG THAT IS.
MY FATHER EVEN SIGNED A LETTER STATING TO YOU, SIR AND MA'AM, THAT HE IS AGAINST IT.
WE HAVE BEEN IN THIS NEIGHBORHOOD SINCE THE BEGINNING OF TIME, AS I TOLD YOU LAST TIME, WHEN IT WAS DIRT, OKAY? WE'VE BEEN THROUGH THE MUD, PUT WE HAVE PUSHED VEHICLES OUT OF THE MUD.
WE HAVE FOUGHT TO GET STREETS PAVED IN WEST DALLAS.
WE HAVE FOUGHT FOR EVERYTHING THAT WE HAVE.
THAT'S WHY IT'S SO HARD FOR ME TODAY TO CONTAIN THAT LITTLE THING INSIDE ME, BECAUSE IT IS SO HARD AND IT IS SO, SO DRAINING.
HOW WE FIGHT, HOW WE FIGHT, AND HOW WE FIGHT.
SOMETIMES I WANNA GIVE UP, BUT I'M NOT GIVING UP.
I'M 66 YEARS OLD IF I CAN CLIMB STAIRS, YOU'RE YOUNG.
SO THAT MEANS IF SOMEONE'S 50 OR 56, THERE'S A PROBLEM IF THEY CAN'T CLIMB STAIRS, BECAUSE I PLAN ON RUNNING AND CLIMBING STAIRS, AND I DON'T NEED AN ELEVATOR UNLESS THAT'S THE ONLY THING AVAILABLE TO ME.
WE DON'T NEED AN ELEVATOR TO GET TO THE TOP.
THERE'S MANY MORE WAYS TO GET TO THE TOP THAN AN ELEVATOR.
AND I JUST WANT TO TELL YOU THAT BESIDES THE NOTARIZED LETTER THAT YOU RECEIVED FROM MY FATHER, YOU RECEIVED OTHER LETTERS AND I WOULD LIKE TO GO OVER THAT WITH YOU.
IF SOME OF YOU RECEIVED A, THE MICROPHONE'S OFF, WE CAN'T HEAR YOU.
SOME OF YOU SHOULD HAVE RECEIVED THIS IN YOUR PACKET.
IT WAS SENT TO THE BOARD SECRETARY THAT, IF YOU'LL FOLLOW THAT WITH ME, I WILL EXPLAIN IT TO YOU.
PROPERTY OWNERS OF 33 49, UH, CORNETT BOULEVARD, DALLAS, TEXAS 7 5 2 2 SUBMITTED THE FOLLOWING LETTERS IN FAVOR OF THE FOOT, UH, FOOT TWO FOOT VARIANCE BD 2 23 DASH SEVEN SEVEN TO THE BOARD OF ADJUSTMENT HEARING HELD ON JULY 18TH, 2023.
FIRST, WE'RE GONNA START WITH MS. DINA TOVAR, WHO LIVES OUTSIDE OF THE 200 FOOT, UM, VARIANCE.
RIA ACCORDING TO D CT, SHE HAS SAID NO.
SHE SAID, NO, MR. LUVE GUMBOS, HE'S A OWNER.
UH, NOT IN, WELL, I DON'T KNOW IF HE'S, NO, I DON'T THINK HE'S IN THE 200 FEET.
HENRY RODRIGUEZ, WHICH IS MY FATHER, SAYS NO, AND IT WAS A FRAUDULENT SIGNATURE.
NANCY MORENO LIVES AT 33 41 CORNETT STREET.
SHE IS A RENTER NOT IN THE 200 FEET.
MARCO ALVAREZ AT 32 37 BATAN STREET THAT SIGNED LIVES IN A L L C.
HE'S A RENTER NOT IN THE 200 FEET.
MARIA OPRAH IS A RENTER, NOT IN THE 200 FEET.
ALSO LIVES IN A PROPERTY OWNED BY AN L L C.
ANNA SANCHEZ DOES LIVE IN THE 200 FEET.
AND SHE IS AN OWNER, MARI BANDA, MR. DAVID BANDA, MR. PAULINO BANDA.
AND MR. JACOB BANDA MARIVALE IS A PROPERTY OWNER, WHICH I BELIEVE THE OWNER SAID WAS TO
[02:50:01]
HIS LEFT, MAYBE RIGHT TO HIS RIGHT.OUT OF THAT HOUSEHOLD, FOUR PEOPLE SIGNED.
HOW IS THAT FAIR THAT FOUR PEOPLE FROM ONE HOUSEHOLD SIGNED, NO ONE PERSON SHOULD HAVE SIGNED, NOT FOUR SHOULD COUNT.
MR. LEY BENEATH THIS AT 33 53 CORNETT, WHICH IS, UM, TO THE, TO THE LEFT OF THE PROPERTY IN QUESTION, IS NOT THE OWNER OF THE PROPERTY.
I SPOKE TO THE OWNER OF THE PROPERTY, MS. UA, AND SHE TOLD ME THAT SHE DID NOT GIVE PERMISSION TO MR. PHILE OR MR. UM, OR HER NEPHEW.
I FORGOT, UH, MR. BEIT, EDWIN TO SIGN FOR HER.
OKAY? SHE SAID, I GAVE NO PERMISSION TO PHILE TO SIGN FOR ME.
HE IS MY GRANDSON ALSO, UM, AT 33 33 CORNETT STREET, MR. EDWIN BENITEZ IS AN RENTER.
I HAVE NOW SECURED THE SIGNATURE OF THE HOMEOWNER AT 33 33 CORNETT BOULEVARD.
THAT IS, THAT WAS MR. PHILIP TORRES, WHO RECENTLY PASSED ON JULY THE 28TH.
THAT PROPERTY IS NOW IN AIRSHIP.
AND THE PERSON THAT'S THE HEIR SIGNED IT AND SAID NO.
NOW WE ALSO HAVE, UM, JEANETTE LOPEZ AT 33 57 CORNET.
AND WE HAVE SANTOS LOPEZ AT 33 7 57 CORNETT.
YOU GOT TWO PEOPLE THAT SIGNED, THEY'RE BOTH RENTERS IN THE 200 FEET.
TWO PEOPLE IN THE SAME HOUSEHOLD SIGNED ARMENIA BENEATH THIS AT 33 61 CORNETT.
YOU NEED TO START WRAPPING UP, OKAY? BUT THEY GOT A LITTLE EXTENSION.
WELL, BOTTOM LINE IS THIS, PER HOUSEHOLD, THEIR LAST SIGNATURES, THEY ONLY HAD OWNERS IN THE 200 FEET, THREE OWNERS RENTERS IN THE 300 FEET.
THREE OWNERS, OWNERS NOT IN THE 200 FEET.
AND ONE WAS A FRAUDULENT SIGNATURE.
THEY ALSO HAD RENTERS NOT IN THE 300, UH, IN THE 200 FEET.
THEY HAD THREE OF THOSE MEMBERS WHO SIGN IN THE SAME HOUSEHOLD WERE SIX.
SO IF YOU MINUS TWO, THEN UH, THAT'S TWO OWNERS.
SO THERE WAS ONLY FOUR OCCUPANTS OR FOUR OCCUPANTS THAT SIGNED.
SO ACTUALLY THEY ONLY HAVE TWO OWNERS THAT REALLY SIGN IN THE 200 FEET.
WE DID SUBMIT TO YOU OTHER LETTERS, BUT I, I GUESS MY TIME IS UP.
WE DID, WE DID HAVE EIGHT OWNERS THAT DID SIGN, AND YOU HAVE THOSE IN FRONT OF YOU IF YOU, IF YOU GOT THEM.
EIGHT OWNERS DID SIGN AGAINST THE TWO FOOT VARIANCE.
LOOK, THIS COMMUNITY FOUGHT, HAS FOUGHT VERY, VERY HARD.
AND IF ANYONE IS RESPONSIBLE FOR THE NEGLIGENCE, IT IS THE CITY AND THOSE INDIVIDUALS RUNNING THAT DEPARTMENT.
SO IF THERE'S ANYTHING TO PAY FOR IT TO BE INTO COMPLIANCE, THE CITY SHOULD PAY FOR IT.
BECAUSE THE CITY MADE THE MISTAKE, WE DID NOT MAKE THE MISTAKE.
THE COMMUNITY SHOULD NOT BE MADE TO SUFFER FOR THE SINS OF OTHERS OR FOR MISTAKES OF OTHERS.
SO PLEASE SAY NO AND LET THE CITY PAY FOR THEIR MISTAKE.
MS. WILLIAMS, OTHER SPEAKERS, MR. BROWN? GOOD AFTERNOON, SIR.
GOOD AFTERNOON, UH, PANEL STAFF.
AND, UH, BEFORE I BEGIN, AS I BEGIN, UM, I JUST WANNA STATE I HAVE THE GREATEST RESPECT FOR CITY STAFF.
I THINK THEY HAVE A VERY HARD JOB TO DO.
UM, AND UNFORTUNATELY THOUGH I'M GOING TO DISAGREE WITH THEIR INTERPRETATION AS TO WHETHER OR NOT THIS FIELD.
IF YOU COULD GIVE US YOUR FULL NAME AND ADDRESS.
AND THEN WE'LL THEN WE'LL START YOUR CLOCK.
UH, BRENT BROWN, 71 35 WILD GROVE, DALLAS, TEXAS 7 5 2 1 4.
UM, VOLUNTEERED IN WEST DALLAS FOR OVER 20 YEARS.
UM, AND AT THE REQUEST OF RESIDENCE, UH, IN THE NEIGHBORHOOD, I WAS ASKED TO LOOK AT THIS CASE TO PROVIDE KIND OF A TECHNICAL REVIEW RELATED TO N S O, UH, AND, UH, R FIVE BASED ZONING.
UH, I'M AN ARCHITECT PRACTICING IN DALLAS, UH, FOR THAT PERIOD OF TIME AS WELL.
UM, SO FIRST, UM, THIS BUILDING DOES NOT COMPLY WITH THE N SS O UH, HAS BEEN STATED.
IT DOES NOT COMPLY WITH BASE R FIVE ZONING.
AND I'LL GO INTO A FEW POINTS TO THAT MATTER.
UM, ALL OF THESE, UM, CONDITIONS THAT HAVE RESULTED THAT ARE NOT IN COMPLIANCE, WERE AT THE ELECTION OF THE DEVELOPER, BUILDER, OWNER, UM, CONTRACTOR, ET CETERA.
[02:55:01]
UH, THE COMPLIANCE WITH THE N S S O COULD HAVE BEEN, UH, OCCURRED BY SHIFTING THE HOUSE, UH, BACK IN THE LOT.THERE'S ADEQUATE SPACE IN THE REAR YARD, UH, FOR WHATEVER DESIGN DECISION WAS MADE.
UH, FOOTNOTE, IT WAS ASKED, I WAS UNABLE TO BE HERE LAST TIME, BUT I WAS ABLE TO WATCH THE, THE VIDEO.
I, WHY IS THE MEDIAN SO LARGE? 'CAUSE THE CITY OF DALLAS PLANNED A CONNECTION TO OAK LAWN.
AND SO THE CITY POSITIONED RIGHT OF WAY SO THAT IT WOULD GO OVER THE LEVEE AND INTO THE RIVER.
STAFF DID A GREAT JOB IN READING THE CODE CENTER LINE OF STREET.
I HATE THEY MADE THE CHOICE, BUT IT WAS JUST A POOR CHOICE, NOT A PUBLIC PROBLEM WHEN IT COMES TO BUILDING HEIGHT, RIGHT GRADE TO THE TOP OF THE BUILDING.
I APPRECIATED THE HANDOUT BY THE APPLICANTS IN THAT THEY LISTED AND THE CITY SAID TO THEM, IT MAY EXCEED MAY.
MR. CHAIRMAN, YOU POINTED OUT EARLIER RULES CONSISTENCY.
IT MAY IT NOT MUST OR SHALL JUST MAY.
THEY PROVIDED A LIST OF WHAT CAN EXCEED 30 FEET R FIVE ZONING.
I WOULD CONTEND THAT FLOOR TO FLOOR HEIGHTS OF 10 FOOT SIX GOING THREE FLOORS IS IMPOSSIBLE TO BE 30 FEET HIGH.
AT NO POINT CAN THE BUILDING, THE BUILDING WALL OR THE BUILDING ROOF BE ABOVE THE HEIGHT.
BUT PARAPETS, AND AS I RECALL, I THINK IT SAID SPECIFICALLY ELEVATOR, PENTHOUSE OR BULKHEADS.
THIS IS NOT A BULKHEAD OR A PENTHOUSE.
THIS IS AN ELEVATOR SHAFT WITH AN ELEVATOR CAR THAT PROVIDES ACCESS TO THE ROOF.
THIS IS HAPPENING ALL OVER THE CITY WHERE YOU SEE PEOPLE BUILDING HOME PRODUCTS.
IN OUR FIVE ZONING, YOU CANNOT BUILD A THREE STORY, NINE FOOT CLEAR HEIGHT WITH 18 INCH, UH, STRUCTURAL FROM CEILING TO FLOOR IN 30 FOOT HEIGHT.
YOU EITHER HAVE TO INVEST MORE IN STRUCTURE TO MAKE THAT HEIGHT BETWEEN THE FLOORS NARROWER OR YOU HAVE TO REDUCE THE CEILING HEIGHT.
IF THEY'D HAVE TAKEN ONE FOOT OUT OF ALL THREE, THEY COULD HAVE POSSIBLY DONE THIS, BUT THEY STILL SHOULD NOT BE ALLOWED TO HAVE AN ELEVATOR AND STAIR ACCESS TO THE ROOF WHEN IT'S NOT A PENTHOUSE OR IT'S NOT A BULKHEAD.
IF YOU LOOK AT THE PREVIOUS SUBMITTAL, THEY NOTED 108 INCH CLEARANCE FOR THE ELEVATOR.
I DON'T BELIEVE IT WAS IN THE PREVIOUS ONE.
108 INCHES TELLS ME IT'S A SEVEN FOOT CAB HEIGHT, WHICH NEEDS 18 INCHES OF CLEARANCE ABOVE.
IT'S A TYPICAL RESIDENTIAL ELEVATOR.
ALL THE MECHANICAL STUFF'S ON THE FIRST FLOOR, IT'S NOT UP THERE.
SO WHAT'S HAPPENING IS CITY STAFF IS SEEING ELEVATOR AND IF YOU PUT MECHANICAL ROOM, THEY'RE SAYING, OH, YOU CAN DO THAT AT 12 FEET.
BUT THE PROBLEM IS IT'S NOT, IT'S BEING USED FOR ACCESS.
THEY EVEN CALL OUT SQUARE FOOTAGE ON THE FOURTH FLOOR AS OCCUPIABLE, RIGHT? OCCUPIABLE SPACE IS NOT ALLOWED EXCEPT FOR MECHANICAL EQUIPMENT.
THIS IS NOT MECHANICAL EQUIPMENT, THIS IS ROOF ACCESS.
AND I WOULD ARGUE THAT IF YOU EVALUATED THE OTHER HOUSES THAT HAVE BEEN BUILT SIMILARLY, THEY'VE BEEN APPROVED TO SIMILARLY AND IT'S HAPPENING EVERYWHERE.
THIS IS NOT JUST A WEST ALICE ISSUE, IT'S NOT AN N S O ISSUE, IT'S AN R FIVE, R 7.5 ISSUE.
IF YOU WANNA BUILD A PRODUCT LIKE THIS, YOU NEED TO BE A DUPLEX OR A TOWN HALL 'CAUSE IT GIVES YOU 36 FEET.
SO TO PROVIDE AN EXCEPTION TO THIS ERROR OF DECISION MAKING, WHEN OTHER OPTIONS WERE AVAILABLE, THIS SHOULD NOT, UH, BE GRANTED ANY VARIANCE.
SO IN CLOSING, WITH REGARD TO COST, THERE WAS A SLIDE THAT WAS PRESENTED TO YOU BY THE APPLICANT THAT LISTED THEIR COST TO DATE.
IF I WAS GOING TO BE GENEROUS, IF YOU TOOK THREE LINE ITEMS, STRUCTURAL, STEEL, LUMBER, AND LABOR, I THINK THOSE ADDED UP TO ME TO JUST ABOUT $125,000.
I CAN'T SEE HOW IT'S GONNA COST OVER 200 AND SOMETHING TO DO WHAT AT FIRST COST 125.
SO I DON'T THINK THEY HAVE A COST HARDSHIP.
AND BY THE WAY, THEY DON'T HAVE TO CHANGE TWO FLOORS.
THEY CAN JUST TAKE TWO FEET OFF THE TOP.
THEY DON'T HAVE TO TAKE THE SECOND ONE DOWN.
NOW, DO THEY, DO THEY WANNA DO THAT? PROBABLY NOT.
AGAIN, IT'S NOT YOUR ISSUE, IN MY OPINION.
SO WITH THAT, I'M HAPPY TO ASK ANY OTHER QUESTIONS, UH, THAT YOU HAVE OF ME AND HOW I LOOKED AT THIS.
UH, I DID FIND IT A LITTLE CONCERNING HOW THE DRAWINGS CHANGED FROM THE LAST HEARING TO THIS HEARING, UM, IN THE SENSE THAT I WAS TRYING TO GET THE, THE FLOOR TO FLOORS RIGHT AND ALL THAT KIND OF STUFF.
BUT IN MY OPINION, ICE, UH, IT APPEARS TO ME THAT THEY'RE ASKING FOR AN 11 FOOT 10 INCH VARIANCE BECAUSE THE TOP OF ROOF SHOULD BE AT 30.
AND THE TOP OF THIS MECHANICAL ROOM, WHICH IS AN ELEVATOR SHAFT
[03:00:01]
WAY EXCEEDS 11 FEET OR 41 FEET.THANK YOU VERY MUCH FOR YOUR TIME.
YOU'RE MAKING ME GO BACK THROUGH THE DOCUMENTS AGAIN.
UM, ARE THERE ANY OTHER SPEAKERS, MS. WILLIAMS? WE HAVE TWO SPEAKERS ONLINE.
IF YOU WOULD WANT TO, UH, ACCESS THEM AND GET THEM JUST TO, UM, SWEAR IN AND THEN YOU CAN CALL THEM MR. GALLEGOS AND MS. JANE CISNEROS.
SO GO AHEAD AND SWEAR THEM IN.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
GO AHEAD AND CALL WHICH ONE YOU WANT FIRST.
MR. MR. GALLOS, IF YOU WOULD BE SO KIND TO GIVE US, UM, YOUR NAME AND YOUR ADDRESS AND THEN YOU HAVE FIVE MINUTES TO, UH, SPEAK TO THE BOARD.
UH, MY NAME IS JOHN GALLEGOS AND, UH, I CURRENTLY RESIDE AT MY, UH, GRANDFATHER'S ESTATE AT 5 2 4 NOMAS, UH, DALLAS, TEXAS 7 5 2 1 2.
YOU SAID 5 2 4 NOMIS NOMIS? YES.
SO, UH, I BELIEVE I HAD A, A POWERPOINT PRESENTATION, UH, WHICH IS NOT UP YET, BUT, UM, AGAIN, I JUST WANNA GO OVER THE LETTERS AGAIN.
UM, 'CAUSE WE DID SPEND A LOT OF TIME IN SPEAKING WITH NEIGHBORS AND GETTING THEIR OPINIONS.
UM, SO THIS TIME WE SENT EIGHT, UH, OPPOSITION LETTERS WITHIN THE 200 FEET RADIUS.
UM, ONE WAS MENTIONED IN THE BRIEFING TODAY THAT IT WAS SENT LATE AGAIN, WHICH IT WASN'T.
UM, IT WAS AT EIGHT SOME 8:14 AM I, I BELIEVE, UNLESS WE'RE RUNNING OFF OF EASTERN TIME.
UM, AND THEN THERE'S ANOTHER LETTER THAT WAS NOT SUBMITTED, UM, THAT I EMAILED THE, THE, UH, THE SECRETARY ABOUT.
THERE IS A VERY CLOSE NEIGHBOR, UM, THAT DOESN'T WANT TO RELEASE HER NAME, UH, OR ADDRESS, AND WANTED TO SHARE THE LETTER ONLY WITH THE PANEL.
SO I NEVER GOT A RESPONSE FROM THAT.
AND, UM, I HAD SUBMITTED NINE OTHER OPPOSITION LETTERS ALSO.
UH, AND THESE ARE OUTSIDE THE 200 FEET, UH, RADIUS, BUT THEY'RE ALL FROM THE SAME STREET OF, UH, CORNETT.
UM, THE 10, SO THE TOTAL LETTERS THAT WE SENT OR I SENT WERE 17.
AND, UH, BACK TO, UM, OR I WANTED TO, UH, MAKE MY ARGUMENT WAS AGAIN, UM, GOING BACK TO THE WEST DALLAS URBAN STRUCTURE, UH, GUIDELINE, UM, AREA PLAN.
AND, UM, THE CITY OF DALLAS, UM, FOR BETTER SAID, UH, TAXPAYER DOLLARS, UH, WERE INVESTED TO HIRE SPECIALISTS IN THIS FIELD TO ESTABLISH THESE GUIDELINES FOR THE CITY EMPLOYEES AND DEVELOPERS TO FOLLOW.
SO, ONCE AGAIN, I'M GOING TO READ OVER THIS.
UH, IT SAYS, ONE OF THE STRUCTURES INTENTIONAL PRIORITY SHOULD BE TO STABILIZE THE EXISTING RESIDENTIAL COMMUNITY, WHICH IS LAVA HARA.
AT THE MOMENT, THE PENDING APPLICATION OF THE NEIGHBORHOOD STABILIZATION OVERLAY SHOULD BE EVALUATED BY THE CITY TO ENSURE THAT IT CAN ACCOMPLISH THE DESIRE OF THE COMMUNITY TO MAINTAIN A SCALE AND CHARACTER.
SO AGAIN, THIS WAS ACCOMPLISHED ON SEPTEMBER 12TH, UH, 2012, THAT, AND IT WAS APPROVED BY, UH, THE CITY.
SO WE CAN GO TO THE NEXT SLIDE.
UM, PROTECTING THE CHARACTER OF LA LAHARA, AND I UNDERSTAND THESE ARE ONLY GUIDES, UM, AND VISIONS, BUT THE VISION WAS HAVING ONE OR TWO STORAGE STRUCTURES TO CONSERVE, ENHANCE, AND MAINTAIN THE CONSISTENCY OF THE NEIGHBORHOOD.
HERE ARE TWO PERFECT EXAMPLES, UM, THAT FALL UNDER THE N S O.
THE BUILDER OF THESE HOMES FOLLOWED EVERY GUIDELINE UNDER THE N S O.
THIS PERSON WAS ACTUALLY PART OF THE PROCESS OF THE N S O HOMES WERE BUILT TO SET AN EXAMPLE FOR THE NEIGHBORHOOD.
UNFORTUNATELY, THE, THIS PERSON WAS NOT ABLE TO ATTEND THE HEARING, BUT, UM, THEY DID SUBMIT A LETTER.
[03:05:01]
EXPRESSING HOW UNFAIR, UH, IT IS TO THEM WHERE THEY ACTUALLY FOLLOWED THE N S O TO BUILD THESE HOMES.AND THEY HAVE OTHER HOMES COMING UP THAT ARE NOT FOLLOWING THE, THE GUIDELINES.
SO WE COULD GO TO THE NEXT SLIDE.
I'M GOING TO COMPARE SOME HOMES THAT ARE AGAINST THE CHARACTER OF LAHARA.
AGAIN, THIS IS ANOTHER, A PERFECT EXAMPLE, UH, OF A HOME ON CORNET STREET.
AND A LOT OF THE NEIGHBORS NEARBY HAD THEY QUESTIONED IT TO THE BOARD.
UM, AND NOW OUR QUESTION IS, WHO INSPECTED THESE BUILDINGS? WERE THESE INSPECTED BY THE THIRD PARTY THAT DID THE MISTAKE AS WELL? IF YOU LOOK TO THE, TO THE, UH, TO THE LEFT OF THIS, UH, ROOFTOP, YOU COULD ACTUALLY LOOK DOWN AND YOU COULD SEE THE TWO STORY HOME THAT WAS SHOWN ON THE OTHER SLIDE BEHIND, UH, ON THE, THE PAST SLIDE.
THE PICTURE TO THE RIGHT IS ACTUALLY A VIEW OF MY BACKYARD ON MY FUTURE HOME THAT I'M INHERITING AT THE MOMENT AT 33 18.
BRANTLEY BRANTLEY IS TWO STREETS BEHIND CORNETT, AND THIS JUST SHOWS YOU THE MASSIVE HOMES THAT ARE BEING BUILT, AND THEY'RE KILLING THE STRUCTURE AND THE CHARACTER OF THIS COMMUNITY.
UM, THIS IS A NEW HOME ON WAKE STREET, BEAUTIFUL HOME, TWO STORY HOME.
AND IF YOU LOOK, THEY HAVE AN ADDITIONAL THIRD FLOOR.
AND IF YOU GO TO THE NEXT SLIDE, THIRD FLOOR IS A UTILITY ROOM.
UTILITY ROOM REQUIRES A OUTDOOR PATIO.
AND IF YOU SEE ON THE FIRST PICTURE HERE, UH, YOU CAN SEE THE, THE, UH, THE UTILITY CLOSET, AND IT HAS AN OUTDOOR PATIO.
SO OUR THING IS, THE CITY IS EXEMPTING ENTIRE FLOORS WITH A UTILITY ROOM FROM THE HIGH RESTRICTION AND MEASURING THE HEIGHT AND THE WAY TO BENEFIT THE DEVELOPER.
AND MY QUESTION IS, WHY INVEST THOUSANDS OF DOLLARS OR TAXPAYER MONEY TO INVEST IN THESE GUIDELINES? WHY WASTE OUR TIME IN APPROVING NSOS IF THEY'RE NOT GOING TO FOLLOW THEM? MY FINAL STATEMENT IS, SHOULD THE CITY OF DALLAS TELL THE 13TH AND TWO PENDING NEIGHBORHOODS WITH NSOS THAT THEY ARE NOT PROTECTED? BECAUSE IF YOU APPROVE THIS APPLICATION, THAT IS A MESSAGE YOU'RE SENDING THEM.
NEXT SPEAKER, MS. BOARD, SECRETARY, I AND I ALSO HAVE, UH, UM, THERE WAS ANOTHER REGISTERED SPEAKER THAT SHE JUST JOINED, JOINED ONLINE OR HERE? ONLINE THAT SHE JUST JOINED.
SO, SO SECOND TO THE LAST SPEAKER.
HI, MY NAME IS DANNY ROS, GIVE US YOUR NAME AGAIN.
CAN YOU HEAR ME OKAY? YES, WE CAN.
MY NAME IS JANIE CISNEROS AND I LIVE IN WEST DALLAS AT 28 21 BEDFORD STREET.
28 21 BEDFORD STREET, 28 21 BEDFORD STREET, BEDFORD.
YOU GO AHEAD AND IF WE HAVE FIVE MINUTES TO ADDRESS THE BOARD.
YOU KNOW, IT, IT IS VERY UNFORTUNATE THAT THE OWNERS OF THE HOUSE ARE IN THIS SITUATION.
IT IS VERY UNFORTUNATE THAT THERE IS SUCH A HIGH COST IN THIS SITUATION DUE TO A CITY ERROR.
AND I KNOW ALL ABOUT PAYING THE HIGH COSTS DUE TO CITY ERRORS.
ME AND MY NEIGHBORS ARE CURRENTLY PAYING FOR CITY ERRORS TO THIS DAY, BUT I'M HERE IN SUPPORT OF LA BAJA NEIGHBORHOOD AND THEIR PLEA TO HONOR THE SPIRIT OF THE N S O THAT IS MEANT TO PROTECT THE CHARACTER OF THE NEIGHBORHOOD AND KEEP HOMES IN THE NEIGHBORHOOD AFFORDABLE.
I ALSO WANNA SHARE THAT MANY OF US IN DALLAS TAKE ADVANTAGE OF THE GREEN SPACE AT THE LEVY.
THOSE PATHS ALONG THE TRINITY RIVER, UNDERNEATH THE FELIX MODO GATEWAY, IT'S QUITE BEAUTIFUL TO SEE THE WIDE STRETCH OF GREEN SPACE ALONG CANADA DRIVE WHILE RUNNING ALONG THE BANKS OF THE LEVEE.
FOR THOSE MOMENTS, YOU CAN FEEL LIKE YOU'RE NOT IN THE MIDDLE OF THE CITY AND ENJOY ONLY VIEWING THE NATURAL LANDSCAPE IN THAT AREA.
BUT THAT FEELING AND THAT VIEW IS NO LONGER BECAUSE YOU NOW SEE THE TOP OF 33 49 CORONET POPPING ITS HEAD
[03:10:01]
BEHIND THAT GREEN SLUMP.SO DON'T SET A PRECEDENCE BY APPROVING THIS HEIGHT.
DON'T OPEN THE DOORS FOR MORE OF THESE FUTURE EXCEPTIONS THAT CAN RESULT IN THESE MEGA HOMES BEING BUILT IN TRADITIONAL WORKING CLASS NEIGHBORHOODS.
PRESERVE THE GREEN SPACE, VIEW THAT ALONG THE BANKS OF THE LEVEE.
UM, AND I'M ASKING YOU TODAY TO DENY THIS REQUEST.
THANK YOU VERY MUCH FOR YOUR COMMENTS, MS. BOARD SECRETARY MS. EVELYN MAYO.
UM, I NEED TO SWEAR YOU IN, PLEASE.
DO YOU SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE SAY YOUR NAME AND ADDRESS.
7 7 3 2 VILLAGE TRAIL DRIVE, DALLAS, TEXAS 7 5 2 5 4.
I'VE WORKED WITH THE LAVATA NEIGHBORHOOD ASSOCIATION THROUGH THE COALITION FOR NEIGHBORHOOD SELF-DETERMINATION, WHICH IS A GRASSROOTS NEIGHBORHOOD BASED COALITION, FIGHTING FOR ENVIRONMENTAL JUSTICE, FAIR AND AFFORDABLE HOUSING AND COMMUNITY SELF-DETERMINATION IN THE CITY'S ZONING AND LAND USE PROCESSES.
I'M ALSO AN URBAN PLANNER BY TRAINING AND AN ADVOCATE FOR RACIAL EQUITY, HISTORIC PRESERVATION, AND ANTI DISPLACEMENT.
I'M OPPOSED TO THIS CASE BECAUSE A VARIANCE TO THE N SS O GOES AGAINST THE SPIRIT AND PURPOSE OF THE N S O, WHICH IS TO MAINTAIN THE CHARACTER AND STABILITY OF THE COMMUNITY.
THE CITY OF DALLAS HAS FAILED BOTH THE APPLICANT AND THE COMMUNITY MEMBERS LIVING IN LATA.
BECAUSE OF THE INCONSISTENCIES IN MEASURING HEIGHT, THE APPLICANT HAS BEEN ALLOWED TO INCORRECTLY MOVE FORWARD.
THE CITY HAS A RESPONSIBILITY TO ENFORCE ITS CODES, ITS ZONING OVERLAYS, ESPECIALLY THOSE THAT REQUIRED SUBSTANTIAL COMMUNITY INVOLVEMENT IN IMPLEMENTING LIKE THE N S O IN LAVATA.
I WORK WITH MANY NEIGHBORHOODS, UM, OTHERS IN WEST DALLAS THAT HAVE BEEN HARMED BY INTENTIONAL AND UNINTENTIONAL ACTIONS BY THE CITY OF DALLAS.
THIS INCLUDES HOMES INDUSTRIALLY OR INDUSTRIALLY ADJACENT ZONED.
THAT WAY THOSE DECISIONS SHORTEN LIVES AND THEY UNDERMINE ANY POTENTIAL FOR GENERATIONAL WEALTH AND JEOPARDIZE THE VIABILITY OF ENTIRE COMMUNITIES.
THE PROTECTIVE RULES SEEM TO HARDLY EVER APPLY OR GET ENFORCED IN LOW INCOME NEIGHBORHOODS.
AND THE EXCEPTIONS TO THE RULES ALWAYS SEEM TO BE IN FAVOR OF HIGHER INCOME PEOPLE.
THE COMMUNITY HAS FOLLOWED THE RULES, THEY'VE DONE THEIR DUE DILIGENCE, AND YET STILL THEY HAVE TO FIGHT TOOTH AND NAIL TO HAVE THE CODE BE ENFORCED BY THE CITY.
THIS IS ON THE CITY OF DALLAS FOR FAILING THE APPLICANT AND THE COMMUNITY.
AND IT'S CRITICAL FOR YOU AS A BOARD TO DENY THIS APPLICATION TO ENSURE THAT THE CITY FOLLOWS ITS OWN CODES.
THANK YOU, MS. BOARD, SECRETARY, ANY OTHER REGISTERED SPEAKERS? NO, THE REGISTERED SPEAKERS, SIR.
UM, QUESTIONS FROM THE BOARD FOR ANY OF THE SPEAKERS THAT SPOKE IN OPPOSITION? I MAY HAVE A FEW FOR YOU, MR. BROWN IN A MINUTE.
UM, I'M CONTEMPLATING SOME OF THE COMMENTS THAT YOU MADE.
UM, ANY OTHER QUESTIONS FOR ANY OF THE SPEAKERS IN OPPOSITION? OKAY.
THE APPLICANT, ACCORDING TO OUR RULES, MAY COME BACK UP FOR A FIVE MINUTE REBUTTAL.
UM, FIRST OFF, I WANT TO DEEPLY APOLOGIZE TO THE CITY, TO THE BOARD, TO THE NEIGHBORS.
IF A FRAUDULENT SIGNATURE WAS TURNED IN, I WORKED FOR A GIGANTIC LAW FIRM, I PRIDE MYSELF