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[00:00:01]

JASON, GOOD

[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.

LETTERS OF THE BOARD'S.

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.

WILLIE FRANKLIN.

THAT'S IT.

MR. WILLIE FRANKLIN, UH, PART OF DEVELOPMENT SERVICES AND BRYANT THOMPSON, SENIOR PLANNER IN ZONING.

THANK YOU.

DEVELOPMENT SERVICES.

UH, LET'S SEE HERE.

ALL RIGHT, SO THAT'S IT.

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.

NO PUBLIC SPEAKERS.

OKAY, THANK YOU.

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

[00:05:01]

BOARD WILL ALLOW.

I MOVE.

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.

SECONDED BY MS. HAYDEN.

THE MOTION TO APPROVE AMENDED MEETING MINUTES WAS MADE BY THE CHAIRMAN, SECONDED BY MS. HAYDEN.

DISCUSSION, HEARING, NO DISCUSSION.

ALL IN FAVOR, PLEASE SAY AYE.

AYE.

AYE.

AYE.

THOSE OPPOSED? MOTION CARRIES UNANIMOUSLY.

FIVE ZERO.

THANK YOU.

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.

AS I DID THIS MORNING.

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.

THANK YOU MS. DAVIS.

MR. NERING.

I CONCUR HEARING NO OTHER DISCUSSION.

WILL NOW VOTE ON THE CONSENT AGENDA.

2 2 3 0 7 2 AND 2 2 3 0 7 5.

MS. BOARD SECRETARY MR. HOLCOMB AYE.

MR. N AYE.

MS. DAVIS? YES.

MS. HAYDEN? AYE.

MR. CHAIR YES.

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.

FIVE TO ZERO BY THE BOARD.

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.

THANK YOU VERY MUCH.

WE NOW GO TO UNCON.

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.

NEWELL IS THE APPLICANT HERE.

PLEASE STEP FORWARD.

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.

I DO.

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.

THANK YOU, SIR.

MR. MEYER.

PROCEED.

ALRIGHT, GOOD AFTERNOON, CHAIRMAN.

BOARD STAFF.

UH, MY NAME'S JASON MEYER.

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

[00:10:01]

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.

THANK YOU MR. MEYER.

QUESTIONS FROM THE BOARD? MR. HALCOMB? HI.

YES.

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.

OKAY.

THANK YOU.

THANK YOU MR. HALCOMB.

OTHER QUESTIONS? MS. DAVIS? I, IS THE CLOSET ALREADY BUILT? YES.

SO EXPLAIN.

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.

O OKAY.

I I'M STILL A LITTLE UNCLEAR.

SO YOU'VE ALREADY

[00:15:01]

EXPANDED THE CLOSET.

YOU'VE ALREADY BUILT THE CLOSET.

THAT'S CORRECT.

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.

THAT'S RIGHT.

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.

I, I'LL JUST MAKE A COMMENT.

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.

I UNDERSTAND.

THANK YOU, MS. DAVIS.

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 YOU'RE, YOU, YOU'RE BORDERING ON BEING FLIPPANT ABOUT, WELL, I JUST DID IT AS OPPOSED TO, YOU KNOW, I BLEW IT AND I SHOULDN'T HAVE DONE IT AND I'M HERE TO, TO MAKE IT RIGHT.

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.

THAT IS YOUR, YOUR CHOICE.

LIKEWISE, IT REQUIRES FOUR AFFIRMATIVE VOTES FOR US TO GRANT, IF I MAY.

CHAIRMAN, AND YES, PLEASE.

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.

THAT'S EXACTLY RIGHT.

AND THE PROCESS IS YOU GO AND APPLY FOR A PERMIT AND THE PROFESSIONAL STAFF SAYS, OOPS, YOU CAN'T DO THAT BECAUSE

[00:20:01]

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.

IT'S PART OF THE RULES.

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.

THAT'S HOW I CAN LOOK BEYOND.

IF THERE WAS ANY HESITANCY IN YOUR NEIGHBORS, I PROBABLY VOTE NO AND THEN YOU'D BE SUNK.

NOW I'M JUST ONE VOTE.

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 APOLOGIZE FOR THAT.

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.

OKAY.

THANK YOU.

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.

AND THAT'S THE PROCESS.

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.

I GET IT.

THAT SORT OF THING.

SO I JUST WANNA MAKE SURE YOU GET A FULL PICTURE.

YES, SIR.

OKAY.

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.

THANK YOU, MR. HOLCOMB.

MR. NERING.

UM, THANK YOU, MR. CHAIRMAN.

I, I WOULD AGREE.

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.

UH,

[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.

MY DAD WAS IN THE AIR FORCE.

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.

THANK YOU, MS. DAVIS.

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.

THANK YOU, MS. HAYDEN.

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.

YOU'VE HEARD OUR FEEDBACK.

UM, YOU SHOULDN'T BE AT ALL EMBARRASSED ABOUT A SIGN IN FRONT OF YOUR HOUSE.

THIS IS THE PROCESS.

IT'S LEGAL TO COME AND ASK FOR AN EXCEPTION OR A VARIANCE.

WE'VE GOT EIGHT OF THEM TODAY, , AND THERE'S SEVEN TOMORROW.

SO, UH, THIS IS THE PROCESS.

UH, WE JUST WANNA MAKE SURE PEOPLE, EVERYONE'S TREATED FAIR, TREATED CONSISTENTLY AND FAIRLY.

THAT'S WHAT THIS IS ABOUT.

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.

THAT MEANS FOUR VOTES.

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.

UH, THIS IS AT 5 1 0 NEWELL.

THE MOTION IS TO GRANT MS. BOARD SECRETARY, CALL FOR THE VOTE PLEASE.

MS. HAYDEN.

AYE.

MS. DAVIS? NO.

MR. HOLCOMB.

AYE.

MR. NARY? AYE.

MR. CHAIR? AYE.

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.

THANK YOU.

ALRIGHT, THANK YOU EVERYONE.

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.

IS THE APPLICANT HERE.

PLEASE COME FORWARD.

YOU FILL OUT A BLUE SHEET.

I HOPE I DID.

YES.

VERY GOOD.

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.

PROCEED.

WELCOME.

THANK YOU.

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.

MY SLIDESHOW DIDN'T WORK.

SO IT'S A P D F VERSION.

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.

THANK YOU.

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, IF YOU CAN, THANK YOU.

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.

AND YOU MEAN FEET? YES.

WHAT I SAY.

OKAY, YOU SAID YARD, SORRY, FEET.

THAT'S ALL RIGHT.

FEET .

FEET .

OKAY, GOOD.

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.

THANK YOU.

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.

THANK YOU.

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.

THANK YOU.

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, , WHAT DO YOU MEAN IT'S NOT LEGAL? UM, SO WE'VE BEEN BACK AND FORTH FOR A WHILE TRYING TO UNDERSTAND WHAT, WHAT WAS WRONG.

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.

AND THEY'VE SAID NO.

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 FROM ALL THAT AS WELL.

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.

THANK YOU.

THANK YOU VERY MUCH.

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.

MM-HMM.

, YOUR POWERPOINT WAS VISUAL.

UM, I I'M GONNA ASK YOU A FEW QUESTIONS OF FOR CLARITY.

MM-HMM.

, UH, AND THEN I'M GONNA OPEN IT UP TO QUESTIONS FOR THE, FROM THE BOARD.

UH, YOU BOUGHT THE HOUSE WHEN? JULY, 2021.

JULY OF 2021.

MM-HMM.

, YOU'VE, YOU'VE DONE WHAT, WHAT CONSTRUCTION HAVE YOU DONE ON THE HOUSE? NOTHING.

NO CONSTRUCTION.

OKAY.

SO YOU BASICALLY BOUGHT IT AS IS AS WE SEE IT NOW OR AS WE WERE BRIEFED ABOUT IT? CORRECT.

OKAY.

UM, THESE ARE JUST QUESTIONS.

NO, YOU'RE UM, WE WERE MADE AWARE THAT YOU'RE VIOLATING THE SIDE YARD AND THE FRONT YARD SETBACK.

CORRECT.

OKAY.

AND WE WERE MADE AWARE OF THAT BECAUSE OF THE NEIGHBORHOOD YOU'RE IN WAS IN AN N SS O NEIGHBORHOOD STABILIZATION, UH, ORDINANCE.

MM-HMM.

.

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.

.

OKAY.

YOU'RE CORRECT.

IT'S, THOSE ISSUES ARE SOMETHING YOU'D HAVE TO TAKE UP WITH YOUR PREVIOUS, WITH THE SELLER.

WE ARE STAYING OUT OF THAT.

OKAY.

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.

OKAY.

ALRIGHT.

SO WHAT YOU'RE REQUESTING, IF I'M DEDUCING CORRECTLY, IS EIGHT FEET VARIANCE IN THE FRONT YARD.

CORRECT.

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.

OKAY.

ALRIGHT.

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.

OKAY.

'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.

OKAY.

ALRIGHT.

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.

IS ALLOWING A HOMEOWNER, ESPECIALLY IN A RESIDENTIAL DISTRICT, YOU'RE IN AN R YOU'RE IN AN R FIVE DISTRICT WITH AN N SS O IS THE WHOLE ISSUE OF MAKING SURE THAT THE NEIGHBORHOOD HAS SOME CONTINUITY DOWN THE STREET.

YEAH, NO, UNDERSTOOD.

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.

UM, THE HOME TO MY GARRETT.

GARRETT.

GARRETT.

OKAY.

I'M JUST LOOKING AT THE MAP WE WERE GIVEN.

OH YEAH.

MM-HMM.

.

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.

ALL RIGHT.

I DON'T, I WOULDN'T SAY IT LOOKS WONKY.

THAT'S PART OF MY CRITERIA.

THIS ONE MEMBER IS TO MAINTAIN THAT BLOCK FACE CONTINUITY.

MM-HMM.

.

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.

NOT AS FAR AS I'M AWARE.

UNLESS THEY'VE BEEN TO YOU.

I I'M JUST ASKING YOU.

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.

OKAY.

ALRIGHT.

THOSE ARE MY QUESTIONS FOR RIGHT NOW.

THANK YOU VERY MUCH.

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.

OKAY.

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.

, YOU CAUGHT ME.

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.

THANK YOU MS. HOL HAYDEN.

MR. HOLCOMB, UH, MS. HAYDEN HIT ALL THE HIGHLIGHTS THAT I WAS GONNA HIT.

DISCUSSION ON THE MOTION.

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.

MS. HAYDEN AYE.

MS. DAVIS? AYE.

MR. HOLCOMB? AYE.

MR. NARY? AYE.

MR. CHAIR? AYE.

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 CONCUR.

I'D GIVE ONE COMMENT.

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.

THE DOGS WERE COMPELLING.

.

THANK YOU.

THEY WEREN'T, THEY DIDN'T TIP, TIP THE CART, BUT THEY WERE COMPELLING.

UM, THANK YOU.

UM, SO I APPRECIATE THAT AND I APPRECIATE YOU TAKING THE TIME AND GOING THROUGH THE PROCESS.

CHASE DOWN THAT SELLER.

YEAH.

UM, BUT THAT'S A SEPARATE ISSUE, NOT OURS.

SO YES, I'LL BE SUPPORTIVE OF MS. HAYDEN'S.

UH, RECOMMENDATION TO

[00:45:01]

APPROVE MS. BOARD.

SECRETARY, WOULD YOU PLEASE CALL FOR THE SECOND VOTE? MS. HAYDEN? AYE.

MS. VIS AYE.

MR. HOLCOMB? AYE.

MR. NARY? AYE.

MR. CHAIR? 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.

THANK YOU VERY MUCH.

AWESOME.

THANK YOU GUYS.

APPRECIATE IT.

UHHUH .

UH, ONE SECOND.

FIVE EIGHT.

IT'S RIGHT THERE.

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.

GOOD AFTERNOON.

GOOD AFTERNOON.

AFTERNOON.

OUR, OUR, UM, BOARD SECRETARY WILL SWEAR YOU IN.

OKAY.

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.

OKAY.

DO YOU BOTH SWEAR OR AFFIRM TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.

I DO.

I DO.

I DO.

OKAY.

THANK YOU VERY MUCH.

BEFORE, UH, YOU START, PLEASE STATE YOUR NAME AND ADDRESS.

GUADALUPE AMAYA.

7 1 2 8 HAZEL ROAD, DALLAS, TEXAS 7 5 2 1 7.

AND WHAT IS YOUR LAST NAME? AMAYA.

AMAYA? MM-HMM.

.

OKAY.

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.

I UNDERSTAND.

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.

OKAY.

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.

MY HEADQUARTERS IS IN DALLAS.

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.

LOW, LOW COST, CHEAP QUALITY.

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.

NEW.

I'M GONNA ASK YOU A QUESTION, DON'T WORRY, I'M NOT GONNA CUT INTO YOUR TIME.

NO, YOU'RE FINE.

GO AHEAD SIR.

UM, BECAUSE WHAT WE'RE TRYING TO DO IS FOLLOW WHAT YOU'RE SAYING AND I'M NOT FOLLOWING IT, BUT I HAVE QUESTIONS.

OKAY.

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.

46,000 IS FOR THE LAND.

WAIT A MINUTE.

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.

IN FRONT.

NOT THE STRUCTURE IN THE BACK.

NOT IN THE THE BACK.

SO IT'S NOT ON D AD'S RECORDS, THE ONE IN THE BACK YET.

YES, CORRECT.

SO THIS, IN THE APPRAISAL REPORT YOU HAVE TO REPORT CURRENT ASSESSMENTS AND TAX LIE.

THAT'S WHY I'M ZEROING IT.

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.

OKAY.

OKAY.

ALRIGHT.

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.

27.

SEE I'M SITTING OVER HERE AT 11.

YOU YOU, YOU FLEW BY ME.

WELL, WE ONLY HAVE FIVE MINUTES, SO I'M TRYING TO NO, NO, I I TOLD YOU A PLUS OR MINUS.

OKAY.

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.

GOTCHA.

OKAY, GO AHEAD.

PAGE 27.

SO LET'S START ON PAGE 27 THEN.

YES.

UH, YOU'LL SEE COST ANALYSIS.

YEP.

TO ESTIMATE THE COST NEW OF THE BUILDING IMPROVEMENT, I USED MARSHALL AND SWIFT RESIDENTIAL COST GUIDE, WHICH IS YEP.

YOU HAVE THE ATION HERE.

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.

YEP.

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.

THE NEXT STEP IS SOFT COSTS.

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.

YES.

YOU'RE SAYING YOU'RE ONLY GONNA AMORTIZE OVER OR DEPRECIATE AT 12.

12 IS THE EFFECTIVE AGE.

YES, THAT IS CORRECT.

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.

OKAY, YOU'RE GOOD.

GO AHEAD.

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,