[Board of Adjustments: Panel A on September 19, 2023.]
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EACH CASE IS DECIDED UPON ITS OWN MERITS AND CIRCUMSTANCES, UNLESS OTHERWISE INDICATED EACH USE IS PRESUMED TO BE A LEGAL USE.
WE HAVE BEEN FULLY BRIEFED BY STAFF PRIOR TO THE HEARING AND HAVE ALSO REVIEWED A DETAILED PUBLIC DOCKET, WHICH EXPLAINS THE CASE AND WAS POSTED ON OUR, UH, SEVEN DAYS PRIOR TO THE PUBLIC HEARING ON OUR WEBSITE.
ANY EVIDENCE YOU WISH TO SUBMIT TO THE BOARD FOR CONSIDERATION ON ANY OF THE CASES THAT WE WILL HEAR TODAY SHOULD BE SUBMITTED TO OUR BOARD SECRETARY WHEN YOUR CASE IS CALLED.
THE EVIDENCE WILL MUST BE RETAINED IN THE BOARD'S OFFICE AS PART OF THE PUBLIC RECORD.
PLEASE NOTE APPROVALS OF A VARIANCE OR SPECIAL EXCEPTION OR REVERSAL OF A BUILDING OFFICIAL DECISION REQUIRES 75% AFFIRMATIVE OR FOUR OF THE FIVE PANEL MEMBERS HERE.
ALL OTHER MOTIONS JUST REQUIRE A SIMPLE MAJORITY.
AGAIN, IT REQUIRES FOUR OF FIVE.
UH, CITY COUNCIL APPOINTED MEMBERS APPROVAL.
LETTERS OF THE BOARD'S ACTION TODAY WILL BE MAILED TO THE APPLICANT BY OUR BOARD ADMINISTRATOR SHORTLY AFTER TODAY'S HEARING AND WILL BECOME PART OF THE PUBLIC RECORD FOR EACH CASE.
ANYONE DESIRING TO SPEAK TO SPEAK TODAY MUST REGISTER IN ADVANCE WITH OUR BOARD SECRETARY THAT INCLUDES ONLINE EACH REGISTER SPEAKER WILL BE ABLE TO SPEAK DURING PUBLIC TESTIMONY FOR A MAXIMUM OF THREE MINUTES OR, OR WHEN A SPECIFIED CASE IS CALLED FOR THE PUBLIC HEARING FOR A MAXIMUM OF FIVE MINUTES.
ALL REGISTERED ONLINE SPEAKERS MUST BE PRESENT ON VIDEO TO ADDRESS THE BOARD.
NO TELECONFERENCING WILL BE ALLOWED VIA WEBEX.
ALL CONFERENCE ARE TO BE DIRECTED TO MYSELF AS THE PRESIDING OFFICER, UM, WHO MAY MODIFY SPEAKING TIMES AS NECESSARY TO MAINTAIN ORDER.
OKAY, SO ALLOW ME TO PREVIEW THE AGENDA FOR EVERYONE PLEASE.
WE HAVE OUR MEETING MINUTES AND SIX CASES ON THE AGENDA FOR TODAY.
AT THE BRIEFING THIS MORNING, THE, THE OPINION OF THE, OF THE PANEL WAS TO MOVE TWO, THE CASES TO THE INDIVID TO THE LEAVE TWO ON THE UNCONTESTED DOCKET AND MOVE THREE, UH, TO MOVE TWO TO THE INDIVIDUAL CASE DOCKETS.
SO WE'LL BE HEARING SIX CASES TODAY.
UH, OUR FIRST ORDER ON THE AGENDA IS TO RE THE REVIEW AND APPROVAL OF OUR MEETING MINUTES FROM AUGUST 15TH.
UH, I WILL GO AHEAD AND MOVE APPROVAL SUBJECT TO MAKING THE AMENDMENT TO PAGE 36, WHERE THE RESULTS STATE FOUR IS ONE.
THEY REALLY SHOULD BE FOUR ZERO.
IT HAS BEEN SO MOVED BY THE CHAIRMAN.
IT'S BEEN MOVED BY THE CHAIRMAN AND SECONDED BY MR. NARY TO APPROVE THE MEETING MINUTES FROM AUGUST 15TH WITH THAT SMALL AMENDMENT DISCUSSION ON THE, ON THE MOTION HEARING.
THOSE OPPOSED? MOTION CARRIES FIVE TO ZERO.
ALL FUTURE VOTES WILL BE BY ROLL CALL VOTE VIA OUR BOARD SECRETARY.
THE FIRST THING FOR OUR AGENDA TODAY IS THE CONSIDERATION OF THE CONSENT DOCKET.
CONSISTENT WITH OUR RULES OF PROCEDURE, THE BOARD MAY PUT ITEMS ON A CONSENT DOCKET, WHICH DO NOT REQUIRE A PUBLIC TESTIMONY IF IT'S IN OPINION OF THE BOARD UNA, UH, UNANIMOUS OPINION OF THE BOARD THAT WE'RE READY FOR APPROVAL AND ALSO THE CASES HAVE THE RECOMMENDED APPROVAL OF THE STAFF.
THERE ARE TWO SUCH CASES THAT THE BOARD BY CONSENSUS THIS MORNING ASKED TO BE CONSIDERED ON THE CONSENT DOCKET.
THE CHAIR WOULD ENTERTAIN A MOTION.
MS. HAYDEN, 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 WITH BDA 2 23 DASH 81 APPLICATION OF AUDRA BUCKLEY FOR A SPECIAL EXCEPTION TO THE FENCE HEIGHT STANDARDS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
BDA 2 23 DASH 81 APPLICATION OF AUDRA BUCKLEY FOR A SPECIAL EXCEPTION TO DEFENSE MATERIAL STANDARDS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
AND BDA 2 23 DASH 0 8 5 APPLICATION OF EMMA VILLANUEVA VAL VERDE FOR VARIANCE TO THE SIDE YARD SETBACK REGULATIONS IN THE DALLAS DEVELOPMENT CODE IS GRANTED SUBJECT TO THE FOLLOWING CONDITION.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
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A MOTION HAS BEEN MADE BY MS. HAYDEN TO CREATE THE CONSENT APPROVAL DOCKET FOR 2 2 3 0 8 1 2 2 3 0 8 0 8 5.IT'S BEEN MOVED AND SECONDED BY MS. DAVIS.
DISCUSSION ON THE MOTION, MS. HAYDEN? UM, AS AS STATED BEFORE, I BELIEVE THAT THE, UM, THE SUBJECT, UM, THE 81 AND 85 THANK YOU.
UM, THE EVIDENCE THAT WAS PRESENTED SATISFIES THE REQUIREMENTS OF THE DA DALLAS DEVELOPMENT CODES.
DISCUSSION MS. DAVIS? NO, I AGREE WITH, UM, MS. HAYDEN, ANY OTHER DISCUSSION ON THE MOTION FOR CONSENT APPROVAL? HEARING NONE WILL GO TO A VOTE.
THOSE BOARD SECRETARY WILL DO A ROLL CALL VOTE ON THE, ON THE MOTION TO APPROVE OH EIGHT ONE AND OH EIGHT FIVE.
MR. CHAIR? AYE VOTE FIVE ZERO PASSES UNANIM IN THE MATTER OF 2 2 3 0 8 1 AND 2 2 3 0 8 5.
THE BOARD APPROVES VIA THE CONSENT AGENDA FOR ALL.
YOU'LL BE GETTING A LETTER FROM THE BOARD, UH, ADMINISTRATOR SHORTLY.
NEXT ITEM ON THE AGENDA, PUBLIC AGENDA, UM, IS 2 2 3 0 7 9 2 2 3 0 7 9.
HE'S THE APPLICANT HERE? YES, SIR.
UH, IF YOU WOULD, UM, GET SWORN IN BY, ARE, ARE THERE ANY OTHER SPEAKERS FOR OR AGAINST 2 2 3 0 7 9.
THIS IS AT, UH, 9 2 1 1 HALFWAY.
MR. JASON SMITH IF, IF YOU WOULD STAND UP, SIR, SO WE CAN SWEAR YOU IN AT THE SAME TIME.
OKAY, GO AHEAD, MS. BOARD SECRETARY, DO YOU SWEAR OR TELL THE TRUTH TO THE BOARD OF ADJUSTMENT PLEASE? AND SIR, I DO.
MY GOOD BOARD ATTORNEY JUST, UH, ADVISED ME I FAIL.
I WHIZZED RIGHT PAST PUBLIC TESTIMONY.
SO IS THERE ANYONE THAT IS HERE TODAY THAT WANTS TO GIVE A THREE MINUTE PUBLIC TESTIMONY? NO SPEAKERS REGISTER.
I STILL WANT TO ASK IT PUBLICLY.
SEE, I KNEW THERE WAS NO SPEAKER.
BOARD SECRETARY WILL SWEAR IN, UH, ANYONE WANTING TO SPEAK ON THIS CASE.
DO YOU SWEAR TO TELL THE TRUTH TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
I AT 3 9 0 4 ELM STREET, SUITE B IN DALLAS.
UH, CAN I HAVE ACCESS TO MY PRESENTATION? THANK YOU.
SO, UH, THIS IS B D A 2 2 3 0 7 9.
UP IN PRESTON HOLLOW, JUST OFF OF NORTHWEST HIGHWAY, JUST WEST OF THE TOLLWAY.
UH, STAFF DID A GREAT JOB OF BRIEFING IT TODAY, BUT THIS IS THE, IT'S AN R ONE ACRE SITE.
UH, IT'S SHOWN IN BLUE AND HERE IT'S CURRENTLY UNDER CONSTRUCTION WITH A HOUSE.
UM, THERE'S A FEW REQUESTS THAT WE'RE DOING HERE.
THE FIRST IS A VARIANCE TO THE PROJECT.
A VARIANCE OF PROJECTED FRONT YARD SETBACK ALONG NORTHWEST HIGHWAY.
WE'RE ASKING FOR ALLOWANCE FOR A FENCE TALLER THAN FOUR FEET ALONG BOTH THE NORTHWEST HIGHWAY PROJECTED FRONT YARD SETBACK ALONG HALF THE WAY, AND YOU, YOU WANNA ALLOW SOME PORTIONS OF THE FENCE, UH, TO BE SOLID WITHIN FIVE FEET OF THE PROPERTY LINE AND ALLOW FOR SOME SLID ENCROACHMENTS OF VISIBILITY TRIANGLE AND ALLOW FOR EMERGENCY GENERATOR IN THE FRONT YARD.
YOU SAW DURING THE SLIDES, THE HOUSE IS UNDER CONSTRUCTION.
AS YOU CAN SEE, WE HAD A, HAD A BUILDING PERMIT ISSUED FOR THE HOUSE.
AND, UH, AFTER IT WAS ISSUED UNDER CONSTRUCTION, FOUND OUT THAT THERE WAS A PROJECTED FRONT YARD ALONG NORTHWEST HIGHWAY, WHICH TRIGGERED THIS COMING TO SEE YOU.
AND I'LL GET INTO THAT IN JUST A SECOND.
UM, ALL THE HOUSES I WA WE WOULD, WHEN YOU HAVE A CORNER LOT IN A RESIDENTIAL DISTRICT, THE NARROWER OF YOUR TWO FRONTAGES ARE, IS CONSIDERED YOUR FRONT YARD AND THE LONGER ONE'S CONSIDERED YOUR SIDE.
OUR LOT, WE HAVE A FRONT YARD ON, UH, HATHAWAY AND A SIDE YARD ALONG NORTHWEST HIGHWAY EXCEPT OUR NEIGHBOR TO THE WEST.
HIS NARROW AS PART OF HIS LOT FACES NORTHWEST HIGHWAY, WHICH MAKES THAT HIS FRONT YARD.
AND THAT PROJECTS A FRONT YARD INTO OUR PROPERTY.
SO IT WAS NOT CAUGHT DURING BUILDING PERMIT REVIEW.
AND FRANKLY, I'VE BEEN DOING THIS A LONG TIME AND I WOULDN'T HAVE CAUGHT IT, BUT THAT'S WHAT, THAT'S WHAT TRIGGERED US COMING HERE.
SO THAT'S WHAT TRIGGERED THE FRONT YARD SETBACK INTO OUR FRONT YARD ALONG.
OKAY, THIS WON'T BE, I WON'T, I'M NOT CUTTING INTO YOUR TIME.
SO WHAT YOU JUST SAID WAS, BECAUSE HIS FRONT YARD
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SETBACK IS NORTHWEST HIGHWAY THAT PROJECTS INTO YOUR PROPERTY.IT, IT CREATES TWO FRONT YARD SETBACKS ON THIS PROPERTY.
VERY, VERY RARE THAT THIS HAPPENS.
UM, IT'S JUST A, A FREAK OF THE WAY IT WAS PLATTED.
OKAY, SO, UM, NEXT SLIDE PLEASE.
SO THIS IS WHAT YOU COULD, THE BUILDABLE AREA IN A TYPICAL, UH, R ONE ACRE SITE.
IF YOU TAKE OUT THE 40 FOOT FRONT YARD SETBACKS TO 10 FOOT SIDE YARD AND 10 FOOT REAR YARD, THIS IS APPROXIMATELY HOW MUCH AREA YOU CAN BUILD ON A ON A LOT.
GIVEN OUR PROJECTED FRONT YARD TO SETBACK, OUR, OUR BUILDING AREA GETS REALLY SHRUNKEN AND DOES NOT COMMENSURATE WITH OTHER DEVELOPMENT, UH, IN R ONE ACRE DISTRICT.
SO LET'S JUMP OVER TO THE FENCE.
UH, AS YOU SAW FROM, UH, THE PRESENTATION TODAY, THIS AREA HAS A LOT OF FENCES IN IT.
UH, I DID A SURVEY AND EVERYTHING IN BLUE ARE, HAVE FENCES TALLER THAN FOUR FEET IN FRONT OF IT.
THE PROPERTY JUST SOUTH, UH, A HOLLOWAY, THE SOUTHWEST CORNER.
IT DOES NOT HAVE A FENCE ON IT BECAUSE IT, IT'S ACTUALLY A CHURCH THAT FRONTS ONTO NORTHWEST HIGHWAY.
IF YOU DRIVE UP AND DOWN THIS AREA OF NORTHWEST HIGHWAY, ALL HOUSES THAT SIDE ONTO NORTHWEST HIGHWAY HAVE A SOLID FENCE ALONG NORTHWEST HIGHWAY.
AND THE COMMISSIONER, YOU, YOU DO THIS, DRIVE THIS AREA A LOT.
SO I THINK HOPEFULLY YOU CAN CONFIRM THAT.
SO THIS IS THE SUBJECT PROPERTY ON THE LEFT, AS YOU CAN SEE ON THE RIGHT, THERE IS A, I I WENT UP THERE AND STOOD NEXT TO THAT WALL AND IT APPEARED TO BE ABOUT EIGHT FEET TALL TO ME.
YOU'RE TALKING ABOUT THE ONE ACROSS THE STREET? STREET? THIS ONE HERE? YEAH.
AND, UH, YOU CAN SEE THERE'S A SOLID SEVEN AND A HALF, EIGHT FOOT WALL RIGHT ON OUR PROPERTY LINE.
THAT'S NOT OUR WALL, THAT'S OUR NEIGHBOR'S.
WE'RE ASKING TO BE ABLE TO TIE INTO THAT WALL.
SO WE WOULD HAVE A SOLID PORTION OF OUR FENCE NEXT TO THE SOLID PORTION OF THEIR FENCE.
AND THIS IS LOOKING SOUTH DOWN THE STREET TOWARDS THE SUBJECT PROPERTY.
SO YOU CAN SEE THAT IT'S NOT UNCOMMON TO HAVE FENCES IN THIS AREA.
IF YOU RECALL DURING THE, THE, UH, PRESENTATION EARLIER THIS MORNING, RIGHT BEHIND ME IS THAT 25 FOOT TALL HEDGE THAT, UH, IS REALLY HUGE AND THAT, THAT TAKES UP MOST OF THE, THE BLOCK FROM HERE TO CHATHAM WAY.
THOSE WHAT WE'RE ASKING FOR WERE A COMBINATION OF SOLID AND, UH, OPEN, UH, OF THESE, THIS SHOWS ALL THE FRONTAGES.
OH, WELL, UH, I HAVE A SLIDE LATER ON.
IT SHOWS WHAT SOLID AND WHAT TO OPEN.
UH, THIS IS A SITE VISIBILITY TRIANGLE ISSUE WE'RE ASKING FOR, WE HAVE TWO SITE VISIBLY TRIANGLES, ONE AT THE DRIVEWAY AND ONE AT THE INTERSECTION.
UH, LET'S TALK ABOUT THE INTERSECTION, THE 45 BY 45 FOOT SITE VISIBILITY TRIANGLE.
I, I HAVEN'T SPOKEN WITH THE ENGINEERING DEPARTMENT AND THEY'RE SUPPORTIVE OF THIS BECAUSE TECHNICALLY THAT'S A RIGHT IN RIGHT OUT, VERY DIFFICULT TO TURN LEFT OUT OF THERE.
AND IF THIS WAS INDEED JUST A ONE-WAY STREET, UM, THERE WOULD BE A 35 BY 35 FOOT VISIBILITY TRIANGLE AND WE WOULD COMPLY WITH THAT.
UH, I SEE COMMISSIONER HAYDEN SHAKING HER HEAD, BUT, UM, THIS IS, THERE IS A, A MEDIAN THERE, BUT THERE'S SOME DIS DISAGREEMENT WHETHER OR NOT THAT'S A NORMAL TURNING MOVEMENT, BUT WE'RE, WE'RE ASSUMING IT IS, AND THAT'S WHY WE'RE HERE ASKING FOR, UH, SITE VISIBILITY TRIANGLE, THE SITE VISIBILITY TRIANGLES ON THE DOWNSTREAM SIDE.
SO IT WILL NOT AFFECT ANYBODY'S VIEWS WHO, WHO ARE COMING UP OR FOR CARS HEADING WEST.
UM, THE OTHER TWO, IF YOU NEXT SLIDE PLEASE, IS A BLOWUP OF, UH, VISIBILITY TRIANGLES AT THE DRIVEWAY.
YOU CAN SEE THEY'RE REALLY MINOR AND, UH, STAFF AGREES THAT THAT'S NOT GONNA AFFECT THE ABILITY TO CAUSE ANY PROBLEMS BECAUSE THERE'S NO SIDEWALK THERE, THERE'S NOT PEDESTRIANS WALKING ON THE STREET THERE.
AND THERE'S ROOM FOR THE CARS TO GET OUT WITHOUT SEEING, UH, OTHER CARS.
AND THAT'S THE BLOW UP OF THE, THE, THE INTERSECTION AT NORTHWEST HIGHWAY.
SO THIS SHOWS THE OPENNESS OF THE FENCE.
THE CYAN LINE IS THE, THE SOLID PORTION OF THE FENCE.
AND YOU CAN SEE IT'S ALONG NORTHWEST HIGHWAY AND WRAPS THE CORNER A LITTLE BIT.
AND THEN, UH, WHERE IT CONNECTS WITH OUR NEIGHBOR'S FENCE IN FRONT OF OUR HOUSE AND ACROSS FROM OUR NEIGHBOR'S, IT'S OPEN.
UH, IT'LL BE A, UH, AN OPEN FENCE.
AND FINALLY, THE, THE LAST VARIANCE WE'RE ASKING FOR NEXT SLIDE PLEASE, IS FOR A GENERATOR IN THE FRONT YARD SETBACK.
UM, IT'S AN ODD PLACE FOR ONE, I ADMIT, BUT IT MAKES SENSE IN THIS
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CASE BECAUSE WE'RE TRYING TO KEEP IT AWAY FROM OUR NEIGHBORS AND, UH, CLOSE TO THE STREET AS POSSIBLE BECAUSE THEY HAVE TO BE TESTED ON A MONTHLY BASIS, UH, CAN BE NOISY.AND WE JUST THOUGHT IT WAS A GOOD NEIGHBOR TO TRY TO PUT THIS AS FAR AWAY FROM OUR NEIGHBORS AS POSSIBLE.
UM, I KNOW THAT WAS A LOT TO DIGEST.
I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
UM, WE WERE SUPPORTIVE WITH AMPLE TIME ON YOUR, IT'S MORE THAN FIVE MINUTES, WHICH IS PERFECTLY FINE WITH ME.
UH, DID YOU WANT TO, ARE YOU SPEAKING IN FAVOR OR AGAINST, SIR? OKAY, YOU CAN COME ON UP THEN.
AND THEN WE, THEN I WILL OPEN THE TO THE BOARD FOR QUESTIONS.
I MAY JASON SMITH, UH, 7 1 1 2 MIMOSA LANE, 7 5 2 3.
UM, I'M THE ARCHITECT ON THE PROJECT AND I'VE BEEN IN PRACTICE, UH, DOING RESIDENTIAL PROJECTS IN DALLAS 28 YEARS.
UM, IN THAT TIME I'VE NEVER ENCOUNTERED A PROJECT WITH TWO FRONT YARDS.
UM, WE ALSO, UH, SUBMITTED THE PERMIT IN JANUARY OF 2021.
WE RECEIVED THAT PERMIT, UH, JUNE OR JULY OF THAT SAME YEAR.
SO IT WAS IN PERMITTING, UH, ABOUT SIX MONTHS, UH, DURING WHICH TIME.
UM, WE RECEIVED SEVERAL COMMENTS TO WHICH WE RESPONDED TO, UM, AND ULTIMATELY RECEIVED THE PERMIT.
UM, WE HAVE BEEN UNDER CONSTRUCTION FOR 14 MONTHS NOW.
UM, THE FOUNDATION HAS BEEN LAID, THE WALLS OF FRAME, UH, THERE'S A LOT OF STEEL THAT'S ALL BEEN CORRECTED.
AND THE WINDOWS ARE GOING IN THIS WEEK, UH, IN THAT PORTION THAT IS CURRENTLY, UH, THE SOUTHEAST ONE, THE, THE, THE PORTION OF THE BUILDING THAT'S INQUEST.
UM, SO THAT, THAT IS THE BACKGROUND.
UH, I IN FACT, UNLESS UNTIL WE HAD, UH, GONE FOR PERMIT FOR THE FENCE, UM, THIS, UM, NORTHWEST HIGHWAY, UH, SETBACK WAS NOT EVEN BROUGHT TO OUR TEAM.
SO HAVE WE NOT EVEN GONE THROUGH DEFENSE PERMIT? I DON'T THINK THIS WOULD'VE
OKAY, SO QUESTIONS FROM THE PANEL TO MR. BALDWIN AND, AND THERE WAS NO ONE TO REGISTERED IN OPPOSITION? NO OPPOSITION, SIR.
I JUST GOTTA MAKE SURE I GOTTA BE EVEN-HANDED HERE.
QUESTIONS FOR THE APPLICANT FROM THE PANEL? I'VE GOT MS. DAVIS, THEN MR. HOLCOMB, THEN I'VE GOT SEVERAL TOO, UH, BY THE COMMENT BEFORE MY QUESTIONS WILL GO BACK TO YOUR POWERPOINT, SO OKAY.
BUT WHEN I HAVE NO CONTROL OVER THAT, WELL, YOU CAN BY VIRTUE OF WHAT YOU'VE LOADED WITH THE STAFF, SO, OKAY.
OKAY, MS. DAVIS, UH, MY FIRST QUESTION IS ABOUT THE, THE, UH, VISIBILITY TRIANGLES.
IT'S ENCROACHING A LITTLE BIT.
HOW MUCH IS THAT ENCROACHING? UH, ON WHICH STREET? IF YOU GO BACK TO YOUR POWERPOINT, THAT'LL PRESENTATION AGAIN.
SO WHO'S MANAGING THE POWERPOINT FOR THE STAFF? OH, JASON IS, OKAY.
IT LOOKS TO ME, UH, HOLD ON ONE SECOND.
LET'S, YES, LET'S LET IT LOAD ONCE IT GETS TO IT AND THEN WE'LL PROCEED.
IF YOU WOULD LOAD TO THAT PAGE THAT'S GOT THE, UM, UH, THE VISIBILITY TRIANGLES.
WE'LL, THIS ONE OR THE ONE BEFORE? WE'LL, THIS ONE, WE'LL, THERE'S ONE ALL SO THIS IS THE DRIVEWAY.
OKAY, WELL, I'D LIKE TO AFTER THE DRIVEWAY, THESE ARE 20 BY 20 FOOT VISIBILITY TRIANGLES.
SO YOU WOULD NEED TO PUSH THE FENCE BACK FOUR FEET TO BE COMPLIANT THERE.
AND THEN THE OTHER TRIANGLE, HOW FAR WOULD YOU NEED IT TO PUSH IT BACK? ABOUT FIVE FEET OR WHAT? NEXT SLIDE PLEASE.
DID YOU LOOK AT ANY DESIGNS THAT COULD INCORPORATE IN ORDER TO MAKE BOTH OF THOSE COMPLIANT? WELL, CLEARLY YEAH, WE COULD.
UH, WE'D PREFER NOT TO, BUT THAT'S A, AT THE, YOUR Y'ALL'S DISCRETION, WE THINK IT, WE THINK THE, THE RIGHT ANGLES MAKE A BETTER LOOKING FENCE.
AND, UH, BUT YOU KNOW, IF WE'RE NOT SUCE SUCCESSFUL HERE MM-HMM.
AND JUST ONE MORE QUESTION, IF YOU DON'T MIND.
GOING BACK TO THE POWERPOINT THAT SHOWED YOU SHOWED ALL OF THE HOMES THAT HAD FENCES IN BLUE.
DO YOU KNOW HOW MANY OF THOSE ARE SOLID COMPARED TO NONSOLID? UH, OKAY.
YOU'RE QUICK ON THE KEYBOARD THERE, PAUL.
THE, UM, THE FENCE TO THE RIGHT OF US IS A COMBINATION THAT, THAT'S THE, THE, THE ONE MOST DIRECTLY EFFECT RIGHT ACROSS THE STREET THAT THE EIGHT FOOTER THAT IS PRETTY MUCH SOLID UP UNTIL PAST OUR PROPERTY.
THEN IT OPENS UP AT THE, THE DRIVEWAY.
AND THEN, UH, THE OTHER ONES ARE A MIXTURE OF SOLID AND, AND OPEN.
AND THEN, UH, WHAT ABOUT THE I'LL DOVETAIL MS. DAVIS'S, WHAT ABOUT THE PROPERTY DIRECTLY TO THE NORTH OF YOU? AS YOU REMEMBER THAT, THAT SLIDE I SHOWED YOU, THEY HAD THAT, UH, IT'S SOLID
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DOWN CLEANING PROPERTY.WHAT ABOUT FACING HATHAWAY? IT'S A MIXTURE OF SOLID AND OPEN.
UH, MY QUESTIONS ARE IN RELATION TO THE GENERATOR.
I UNDERSTAND THE CONCEPT OF HOW GENERATORS NEED TO BE TESTED MONTHLY AND THEREFORE DO YOU WANT TO CLOSE TO THE ROAD? BUT GIVEN THAT, IS THERE ANY OTHER, I MEAN, THIS IS THE ONLY ACCESS OF THE PROPERTY IS RIGHT THERE BY THAT GATE, RIGHT? YES, SIR.
MR. POOLE, WOULD YOU FLIP OVER TO THAT PAGE THAT HAS THAT THE LOCATION? I, SO IT'S RELEVANT WITH THE QUESTION FOR MR. HALCOMB? YEAH.
WELL, YOU KIND OF SEE IT THERE.
I THINK IT'S, CAN YOU SEE IT THERE ON THE THERE? IT'S RIGHT, THERE'S, THANK YOU.
YEAH, SO, SO, YOU KNOW, I GET IT NEEDS TO BE CLOSE.
ASSUME THAT JUST FOR THE SAKE OF DISCUSSION THAT WE WEREN'T, WOULDN'T APPROVE THIS THERE.
WHERE WOULD BE LIKE THE SECOND LOCATION? WHAT, WHAT OTHER OPTIONS DO YOU HAVE? I'M NOT A ENERGY SPECIALIST.
I WOULD ADVISE HIM TO KEEP IT AWAY FROM NORTHWEST HIGHWAY WHERE THE CARS ARE GOING PRETTY FAST.
UH, I WOULD PROBABLY HAVE TO GO TO THE NOR THE NORTH SIDE OF THE, THE PROPERTY, THE, THE NORTHWEST SIDE OF THE PROPERTY.
SO ADJACENT TO THAT NEIGHBOR OVER THERE? YES, SIR.
UH, I'LL, I'LL DEFER BEFORE I PUT MY QUESTION, MS. HAYDEN.
SO ON THE, ON THE 45 FOOT VISIBILITY TRIANGLE, SINCE NORTHWEST HIGHWAY IS ONE WAY IN THAT DIRECTION, YOU'RE REALLY NOT GONNA BE LOOKING THAT DIRECTION TO TURN RIGHT? YOU'LL BE LOOKING THE OTHER DIRECTION.
SO I DON'T SEE THAT IT WOULD AFFECT ANY KIND OF RIGHT TURN MOVEMENT, UM, THERE FROM HATHAWAY ONTO NORTHWEST HIGHWAY.
BUT I DO HAVE A QUESTION FOR THE CITY.
AND IS THERE ANY INDICATION OR IS THERE ANY PLAN IN THE FUTURE TO POTENTIALLY OPEN UP THAT MEDIAN FOR A LEFT TURN? BECAUSE IF THAT, IF THAT COULD HAPPEN, UM, I DON'T KNOW IF WE HAVE OUR CITY ENGINEER HERE, BUT YOU RIGHT BEHIND CHASE.
UM, RIGHT, I'M GONNA ASK MR. DE, COULD YOU DO A FAVOR AND MOVE YOUR NAME TAG JUST A LITTLE BIT TO THE, TO YOUR LEFT? I CAN'T SEE.
ALL I CAN SEE IS MISS COMMISSIONER HAYDEN'S EYE.
OH, YOU'RE, IF YOU COULD JUST MOVE YOUR NAME TAG JUST A LITTLE.
YOU, HE'S A PUSHY APPLICANT, ISN'T HE? AH, WAIT A MINUTE.
I'M SUPPOSED TO BE RUNNING THIS MEETING, MR. BOLGER.
I'M JUST, YOU AGREE? WE WANNA MAKE SURE YOU SEE MS. HAYDEN.
SO MS. HAYDEN, YOU HAD A QUESTION FOR PROFESSIONAL STAFF, RIGHT? I JUST WANNA MAKE SURE THERE'S NOT ANY PLAN OR ANY, ANY, UM, IDEA THAT YOU MIGHT OPEN UP THAT MEETING SO THAT SOMEBODY COULD TURN LEFT.
DAVID NEVAR ENGINEERING ON BEHALF OF ENGINEERING, UM, BOARD BOARD MEMBERS.
I, THERE, THERE'S ABSOLUTELY NO POSSIBILITY OF THAT MEDIUM BEING OPEN BECAUSE IT WOULD NOT COMPLY WITH CITY STANDARDS.
HOWEVER, WE'RE TALKING ABOUT A ROAD THAT IS IN TDOT'S JURISDICTION, UM, AND THEY, THEY OVERRULE CITY STAFF, UH, A MUNICIPALITY.
HOWEVER, I'M OF THE OPINION THAT THEY, THAT TEXT DOT WOULD NEVER DO A DESIGN OF, OF NORTHWEST HIGHWAY THAT WOULD BE IN CONFLICT WITH OUR OWN STANDARDS AND THEREFORE WE WOULD DEFINITELY COORDINATE.
AND I CAN'T THINK OF A PRACTICAL WAY TO CREATE AN OPENING IN HATHAWAY IN AS MUCH AS NEIGHBOR WOULD EVEN WANT IT.
IT'S OVERLAPPING WITH A LEFT TURN POCKET, THEREFORE.
MS. HAYDEN, DID THAT ANSWER YOUR QUESTION? THAT ANSWERED MY QUESTION ON THAT.
OH, PLEASE CONTINUE
SO I KNOW YOU MENTIONED, YOU KNOW, ONE OF MY CONCERNS ALWAYS WITH THE VISIBILITY TRIANGLE ON A RESIDENTIAL STREET AS YOU HAVE PEOPLE WALKING THEIR DOGS AND OUT AND, AND IT'S NOT JUST THE CARS THAT YOU'RE WORRIED ABOUT, IT'S THE PEOPLE.
SO, UM, I KNOW YOU MENTIONED THERE ARE NO SIDEWALKS THERE AND I BELIEVE WE SAW THAT FROM THE PICTURES, BUT I SEE A, I SEE SOMETHING RIGHT HERE THAT SAYS NEW CONCRETE SIDEWALK.
SO I GUESS MY QUESTION IS, YOU KNOW, IN MY OPINION THAT'S, THAT THAT COULD POSE A TRAFFIC HAZARD IF YOU DO HAVE A SIDEWALK CROSSING THERE.
IF SOMEBODY'S BACKING OUT A U P S TRUCK, WHATEVER, UM, AND IS UNABLE TO SEE WHO'S WALKING ON THE SIDEWALK.
SO, UM, JUST LET BE, I UNDERSTAND THAT WE'VE EITHER APPLIED OR WE ARE GONNA APPLY FOR A SIDEWALK WAIVER SINCE THAT'S THE ONLY SIDEWALK ON
ARE THERE ANY OTHER SIDEWALKS? WHY WOULD YOU PUT A SIDEWALK IN? OKAY, SO DID YOU GET THAT? YEAH, IF THEY HAD TO PUT THAT ON THERE TO GET THE PERMIT.
BUT WE'RE GONNA APPLY FOR A SIDEWALK WAIVER BECAUSE THAT'S THE ONLY SIDEWALK ANYWHERE ON THAT STREET.
SO I GUESS FOR ME IT WOULD, IT WOULD MAKE ME FEEL BETTER TO APPROVE A, A VISIBILITY TRIANGLE VARIANCE IF THAT SIDEWALK WAS NOT SHOWN ON THERE.
UM, WE, WE DID HAVE YOUR SIDEWALK VARIANCE.
WE COULD, UH, ASK THAT THE, YOU COULD LIMIT THE APPROVAL TO THE SITE PLAN BEING MODIFIED TO REMOVE THE SIDEWALK AND WE COULD DO THAT.
IS THAT SOMETHING WE CAN DO? IS THAT SOMETHING WE CAN DO?
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IS THAT SOMETHING CAN MODIFY THE MOTION TO AND MAKE IT APPLICABLE.SO REMEMBER THAT IF, IF WHEN WE GET THERE, MS. HAYDEN'S GOT ANOTHER QUESTION.
SHE'S RAPID FIRE TODAY AND THIS IS IT.
NO, NO, YOU HAVE PLENTY TIME NOW.
UM, SO I NOTICED ON THE, ON THE, UH, THE VARIANCE REQUESTS, IT SAYS A A 20 FOOT SPECIAL EXCEPTION TO THE VISIBILITY OBSTRUCTION REGULATIONS.
I THINK THAT MIGHT BE WORDED, I DON'T KNOW, AND MAYBE THIS IS A, A QUESTION FOR THE BOARD ATTORNEY, BUT I THOUGHT IT SHOULD SAY A SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION.
'CAUSE IT MAKES IT SOUND LIKE IT'S A 20 FOOT EXCEPTION AND THAT'S NOT RIGHT.
UM, DOES THAT MAKE SENSE? IT SAYS A 20 FOOT SPECIAL EXCEPTION.
IT REALLY SHOULD SAY A SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY OBSTRUCTION REGULATIONS AND A SPECIAL EXCEPTION TO THE 45 FOOT VISIBILITY OBSTRUCTION RE REGULATIONS.
SO HER QUESTION GOES TO THE BUILDING OFFICIALS REPORT AND THE, UH, THE LANGUAGE THAT WAS PUT IN THE RECORD AS IT RELATES TO THE 20 FOOT AND THE 45 FOOT.
YOU UNDERSTAND THE QUESTION, MR. BOARD ATTORNEY? YES.
BECAUSE THE WAY IT'S WORDED, IT MAKES IT SOUND LIKE THEY'RE ASKING FOR A 20 FOOT EXCEPTION AND A 40 ACTUALLY EXCEPTION WHEN IT SHOULD JUST SAY A SPECIAL EXCEPTION TO THE 20 FOOT VISIBILITY AND A SPECIAL EXCEPTION TO THE 45 FOOT VISIBILITY.
ALL RIGHT, WELL, LET'S, LET'S, I JUST DON'T WANNA APPROVE SOMETHING THAT SOUNDS, LETS, LET'S GIVE STAFF A MOMENT TO DIGEST THAT.
I'LL HAVE QUESTIONS COMING TO YOU, BUT LET'S GET THIS ISSUE RESOLVED.
SO WE HAVE ACTUALLY THREE QUESTIONS PENDING RIGHT NOW.
ONE IS, CAN WE AMEND A, CAN WE MAKE A A, A MOTION CONTINGENT ON A SIDEWALK ISSUE? THE OTHER IS THE LANGUAGE AS IT RELATES TO THE, UM, SPECIAL EXCEPTION FOR A, UH, VIS VISIBILITY.
SO LET'S, SO LET'S HOLD ONTO THAT.
LET'S WAIT A SECOND UNTIL THEY HAVE AN ANSWER.
OKAY, SO YOU WANNA GO AHEAD AND SAY THAT? SO LET, LET'S, LET'S, FIRST OF ALL THIS, LET, LET'S HAVE CLARITY.
ARE, ARE WE ALLOWED TO APPROVE A REQUEST SUBJECT TO REMOVAL OF A SIDEWALK ON A SIDE PLAN? CAN WE MAKE A CONDITION OF THAT? I BELIEVE MR. VESS HAS SOME COMMENTS HE NEEDS TO ADD TO QUESTION, BUT I'M YOUR ASKING WHETHER WE HAVE THE LEGAL AUTHORITY TO APPROVE AS A BODY SOMETHING CONTINGENT UPON REMOVING A SIDEWALK ON A SITE PLAN? YES.
NEXT QUESTION GOES TO THE BUILDING OFFICIALS, UH, LANGUAGE.
YOU WANT TO VERIFY THAT THE LANGUAGE IS, IS OKAY GIVEN THAT OUR MOTION LANGUAGE WOULD BE DIFFERENT OR IS IT A NON-ISSUE? SO THE LANGUAGE IN THE BUILDING REPORT IS JUST, I I AGREE WITH YOU SYNOPSIS THAT IT'S CONFUSING.
UH, THE LANGUAGE IN THE MOTION HOWEVER, REFLECTS THAT.
UM, THE, THE REQUEST IS TO MAINTAIN ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE.
AND NOT THAT IT IS A 45 FOOT SPECIAL EXCEPTION AND SIMILARLY WORDED IN REGARDS TO THE 20 FOOT EXCEPTION.
SO I FEEL THE LANGUAGE IN THE MOTION IS SATISFACTORY TO ACCOMPLISH WHAT THE APPLICANT IS REQUESTING.
UM, AND MOVING FORWARD WE'LL MAKE SURE THAT, UH, MORE ACCURATE LANGUAGES REFLECTED IN THE BUILDING OF THE SHARED REPORT.
SO IF WE APPROVED, IF WE APPROVE THE LANGUAGE THAT REFERENCES TO MAINTAIN ITEMS IN THE VISIBILITY TRIANGLE ON BOTH OF THOSE COMPONENTS, IT DOES NOT CREATE A CONFLICT WITH WHAT WAS NOTICED AND WHAT WAS PRESENTED.
YOU WANNA TAKE A MOMENT AND VERIFY? ALRIGHT, LET'S, WE'LL, WE'LL HOLD FOR A SECOND.
UM, HOWEVER, IT IS SEEN A 20 FOOT SPECIAL EXCEPTION AND A 45 FOOT SPECIAL EXCEPTION SINCE THE ACTUAL SPECIAL EXCEPTION IS LESS THAN THAT, I BELIEVE WE'RE OKAY ON THE NOTIFICATION ASPECT, WHICH IS ALSO A VERY GOOD CATCH.
UM, AND LIKE I SAID, THE LANGUAGE IN THE MOTION IS SATISFACTORY 'CAUSE IT REFLECTS THAT THAT IS WHAT THE SPECIAL EXCEPTION IS IN REGARDS TO A 45 FOOT VISIBILITY TRIANGLE RATHER THAN
[00:30:01]
A SPECIAL EXCEPTION THAT IS 45 FEET.I APPRECIATE THE CLARIFICATION.
TAKE NOTE THAT THE PRESIDING OFFICER SIGNS AN ORDER THAT IS LANGUAGE FROM THE BUILDING OFFICIALS REPORT.
THAT'S THE LANGUAGE THAT I SIGN.
I DON'T SIGN A MOTION HERE UNLESS YOU GIVE ME SEPARATE LIST.
MY BOARD SECRETARY GIVES ME DIFFERENT LANGUAGE.
JUST SO YOU KNOW, THEY GRAB FROM THE BUILDING OFFICIALS REPORT.
I'M JUST SAYING THAT BECAUSE THAT'S THE BASIS BY WHICH THE BOARD IS DETERMINING A CASE.
SO IF YOU'RE RULING THAT WAY, I'M FINE.
MS. MARY NEEDS TO MAKE SURE SHE GIVES ME ORDER IF, DEPENDING ON HOW WE DECIDE, SHE GIVES ME LANGUAGE THAT IS DIFFERENT THAN WHAT'S HERE.
SO DO YOU WANT TO, DO YOU WANNA FURTHER CONSIDER THAT OR SHOULD WE MOVE FORWARD? 'CAUSE I HAVE SOME QUESTIONS FOR THE TRANSPORTATION GURU.
ARE YOU, ARE YOU FINE WITH US USING THAT INTERPRETATION? OKAY.
ALRIGHT, MR. VEZ, CAN I, CAN YOU, MR. POOL, CAN YOU GO BACK, UH, TO THE, THE CORNER TRIANGLE? THE, THE LARGE ONE, THE 45 1.
ALRIGHT, HELP ME UNDERSTAND THIS.
SO THE CITY POLICY, IF THIS IS A RIGHT TURN ONLY ONTO NORTH HIGHWAY, WE HAD THE DISCUSSION THIS MORNING FAST STREET, WOULD YOU SAY MR. NE 35 OR 45? 35.
OKAY, SO THE CITY CODE SAYS THAT THIS IS REQUIRED BECAUSE IT'S A RIGHT TURN LANE.
IS THAT WHY? EDUCATE ME ON THIS.
'CAUSE THEN I'M GONNA ASK YOU WHY NOT ON THE OTHER SIDE OF THE STREET WHEN REALLY THAT'S WHERE THE VISIBILITY CHALLENGE IS.
DO YOU SEE WHERE MY CONUNDRUM COMES? Y YES SIR.
AND, AND I APPRECIATE THAT YOU POINT OUT TO THE OTHER BOARD MEMBERS THAT YOU DON'T SEE A LOT OF 45 BY 40 FIVES
OH, THAT'S A RARE ONE FOR US BECAUSE WE, WE HIGHLY DISCOURAGED THEM WHERE POSSIBLE.
UM, AND WE TRY TO HELP APPLICANTS UNDERSTAND, UM, THE, THE NEED FOR THOSE 45 OR 45.
IF THIS WAS A ME THE MEDIAN WAS OPEN HERE AND WE HAD LEFT, TURNS OUT, WELL THE MEDIAN'S OPEN IS A TOTAL DIFFERENT SITUATION.
SO YOU'RE SAYING EVEN THOUGH, EVEN THOUGH THIS IS A RIGHT TURN ONLY LANE, IF THE 45 STILL IS APPLICABLE? YES SIR.
WHAT ABOUT THE ANGLE ON THE OPPOSITE SIDE OF THE STREET FOR LOOKING FOR LOOKING AT WHAT CARS ARE COMING TO ME? SHOULDN'T THERE BE A TRIANGLE THIS WAY? ABSOLUTELY.
AND THERE IS ONE ALSO AN APPLICABLE 45 BY 45.
IS IT, IT I DON'T SEE IT ON OUR REPORTS.
IT WOULD BE ON, THAT'S THAT'S ANOTHER PERSON'S PROPERTY.
SO THAT'S NOT RELEVANT TO THE OKAY.
BECAUSE I'LL BET YOU THERE'S A BLIND SIDE THERE TO THE LEFT.
IF I'M THINKING, TURNING RIGHT FROM THIS STREET ONTO ANOTHER HIGHWAY TO THE LEFT, THERE'S A NASTY BLIND SIDE.
AND I HATE TO ACKNOWLEDGE THAT AND APPROVE SOMETHING.
OKAY, BUT YOU'RE SAYING IT'S NOT RELEVANT BECAUSE IT'S THE OTHER PERSON'S PROPERTY? THAT IS CORRECT.
THEN, BUT I WOULD SAY IT'S THERE.
MR. I'M GONNA WAIT FOR MY, ANY OTHER QUESTIONS RIGHT NOW? OKAY.
SO YOU'RE ASKING FOR EIGHT FOOT? YES SIR.
AND YOU'RE SAYING THAT IT'S, IT'S, UM, THAT UP AND DOWN YOUR STREET, THE BLUE, THE, THE CHART THAT YOU GAVE US ON THE SURVEY, WAS THAT FOR HEIGHT OR OPAC? OPACITY? IT WAS FOR FENCES TALLER THAN FOUR FEET.
OKAY, SO YOU'RE SAYING ALL THOSE ARE OVER FOUR FEET IN THE FRONT YARD SETBACK? YES, SIR.
YOU DON'T FEEL THE STREET'S TOO NARROW FOR ANOTHER FENCE? I DON'T.
WHAT ABOUT THE OPACITY ALONG HATHAWAY? BECAUSE EVEN THOUGH THE 200 FEET RADIUS, WHICH YOU HEARD ME THIS MORNING, TALK ABOUT, WE DON'T HAVE A LEGAL OBLIGATION, BUT WE HAVE SENSITIVITY TO IT.
IN MY MIND, THE SENSITIVITY'S ALONG HALFWAY 'CAUSE THE COM THE HOUSES SOUTH OF NORTHWEST HIGHWAY, THAT'S ALMOST A DIFFERENT NEIGHBORHOOD.
SO, AND IN THE HOUSES ALONG SOUTH OF NORTHWEST HIGHWAY, WE'RE ALL OPEN, NO FENCES, NO CURBS.
I MEAN, IT'S A TOTAL DIFFERENT FEELING, BUT I'M GONNA PUT THAT ASIDE BECAUSE I THINK IT'S NORTHWEST HIGHWAY CREATES A SEPARATE NEIGHBORHOOD.
SO IN THIS CASE, THE 200 FEET ISN'T AS RELEVANT.
UM, CAN YOU, UH, JASON, ARE YOU RUN IN THIS, UH, COULD YOU GO TO, UM, THE, THE SLIDE THAT SHOWED DOWN THE STREET? IT'S ONE OF THE FIRST SLIDES.
[00:35:01]
YOU GO.AS YOU CAN SEE RIGHT ACROSS THE STREET, SOLID YEP.
AND THEN AS YOU GO DOWN, YOU HAVE A SOLID FENCE ALL THE WAY TO THE PROPERTY LINE ON OUR NORTH PROPERTY LINE.
IT TURNS AND THEN OPENS UP, UM, DOWN THE STREET WE HAVE, UM, COLUMNS, VERY TALL GATES.
UM, THERE'S SOME OPENNESS, BUT IT COVERED WITH VEGETATION AS IS THAT, THAT LARGE HEDGE THAT'S, UH, ON OUR SIDE OF THE STREET TWO HOUSES UP.
SO, UH, THERE WILL BE TREES PLANTED IN FRONT OF THIS TO SOFTEN IT.
UH, I THINK IT'LL LOOK VERY MUCH IN KEEPING WITH THE REST OF THE, THE STREET AT THIS POINT.
UH, JASON, COULD YOU GO LAST IS THE APPROXIMATE LOCATION OF YOUR PROPOSED FENCE WHERE THAT TEMPORARY FENCE IS? YES, SIR.
SO, OR IT'S AT THE, A LITTLE BIT FAR FORWARD WITH THE PILLAR OF YOUR NEIGHBOR, UH, THAT GO JUST A LITTLE BIT FARTHER FORWARD, BUT THAT'S GENERALLY RIGHT UNDER THE PROPERTY LINE.
I, AND I, I'M, I'M JUST ONE BOARD MEMBER.
BUT I, WE, THERE'S SENSITIVITY TO AVOID TUNNELING.
THERE'S SENSITIVITY ON NARROW STREETS TO NOT JUST HAVE IT ALL FENCES.
SO IF YOU GO, I THINK IT'S THE LAST SLIDE, JASON AND MR. THE SITE PLAN THAT SHOWS WHAT PART OF THE FENCE IS OPEN, WHICH PART'S CLOSED.
AS YOU CAN SEE, UH, MORE THAN HALF OF OUR FRONTAGE IS OPEN.
IT'S JUST, UH, THE SIDES ARE, ARE SOLID.
AND THEN THE TURNAROUND WHERE WE'RE GOING UP TO THE GENERATOR SOLID AND EVERYTHING IN GREEN IS, IS LESS THAN 50% SOLID.
AND THEN THE, THE BLUE AGAIN TURNS INTO SOLID.
SO IT'S NOT GOING DOWN THE STREET.
BY THE TIME YOU TURN ONTO THE STREET, YOU'RE GONNA BE IN THE SOLID PART OF THE FENCE.
I MEAN AWAY FROM THE SOLID PART OF THE FENCE AND INTO THE OPEN WHERE YOU CAN ACTUALLY GET A GOOD VISTA LEADING INTO THE HOUSE.
MR. BALDWIN SPEAK TO, UM, THE, THE LOCATION AND PLACEMENT OF THE, UH, GENERATOR BECAUSE, WELL, THE GENERATOR IS LOCATED THERE.
EASY TO SERVICE WHERE THE GAS LINE IS AND AS FAR AWAY AS WE CAN GET FROM OUR NEIGHBORS WITH, UH, TO TRY TO MAKE IT MORE LEAST OBJECTIONABLE.
I WOULD AGREE WITH MS. HAYDEN ON THE COMMENT SHE MADE EARLIER REGARDING TO THE 45, GIVEN THAT IT'S A RIGHT TURN ONLY AND IT'S NARROWED PORTION, MY REAL CONCERN IS TO CROSS THE STREET.
BUT I'VE BEEN TOLD WE CAN'T, WE CAN'T DEAL WITH THAT.
MR. NAVARRO SAID IF I, IF I WAS COMING IN ON THAT SIDE OF THE STREET REQUESTING IT, WE WOULDN'T HAVE GOTTEN THIS FAR.
UH, AND DID YOU, UH, REACH OUT OR ENGAGE YOUR NEIGHBORS AS IT RELATES TO THIS PARTICULAR REQUEST? YES, SIR.
UH, WE'VE SPOKEN TO, WE'VE EMAILED AND, UH, MAILED ALL OF OUR NEIGHBORS HEARD NO OPPOSITION.
YOU SAW WE GOT ONE LETTER IN, UH, SUPPORT.
UM, THE INTERESTING THING ABOUT THIS PART OF, UH, THE, THE PRESTON HOLLOW NEIGHBORHOOD, YOU'LL SEE, UH, LATER TODAY AS WELL.
A LOT OF THE HOMES ARE OWNED BY LLCS AND, UH, YEAH, YOU, IT'S, IT'S HARD TO, TO GET TO PIERCE THAT, BUT, UM, THE SIGNS HAVE BEEN UP FOR TWO MONTHS AND, UH, WE'VE HAD NO ONE CALL AND WE HAVE WRITTEN TO EVERYBODY WITHIN A NOTIFICATION AREA.
WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANTS HEARING? NONE THE CHAIRMAN ENTERTAIN A MOTION.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 23 DASH 0 7 9 ON APPLICATION OF BALDWIN ASSOCIATES TO GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN AN EIGHT FOOT HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT AND REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
A FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED.
PLANS ARE REQUIRED IN THE MATTER 2 2 3 0 7 9 AT 9 2 1 1 HATHAWAY STREET.
MS. HAYDEN HAS MOVED TO GRANT THE EIGHT FOOT HIGH FENCE SPECIAL EXCEPTION.
IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECONDED BY MR. HOLCOMB DISCUSSION, MS. HAYDEN.
I THINK THE UNIQUE NATURE OF THIS LOT ON THE CORNER WITH TWO FRONT YARD, UM, SETBACKS, UM, MAKES THIS ONE, UH, A LITTLE BIT UNIQUE IN THAT REGARD.
I ALSO APPRECIATE THE FACT THAT YOU GOT A LOT OF SUPPORT FROM THE NEIGHBORS.
UM, A LOT OF LETTERS OF SUPPORT AND, UM, I DON'T SEE ANY OTHER, UH, LETTERS AND OPPOSITION TO THIS MR. HOLCOMB.
[00:40:01]
IN ADDITION TO THAT, UM, GIVEN THAT THE CRITERIA IS IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY AND MOST OF THE NEIGHBORING PROPERTIES HAVE SIMILAR FENCES, UH, IT SPEAKS TO ME THAT, THAT, THAT IT DOESN'T ADVERSELY AFFECT THEM.UH, ANY OTHER DISCUSSION ON THE MOTION, MS. DAVIS? UH, I DON'T SUPPORT THE MOTION.
I JUST, I THINK IT'S TOO MUCH OF AN ASK FOR A FOREFOOT VARIANCE TO CONSTRUCT AN EIGHT FOOT FENCE.
I'D RATHER SEE IT COME CLOSER TO SIX.
I JUST THINK IT'S TOO HIGH AND UNNECESSARY, SO THAT'S NOT SOMETHING I'M GONNA SUPPORT.
ANY OTHER DISCUSSION? I'M GONNA SUPPORT THE MOTION.
UM, MY QUESTIONS WENT TO THE ISSUE OF WHAT'S IN THE NEIGHBORHOOD ALONG HATHAWAY.
UM, BASED ON THE PICTURES THAT I SAW THERE, AS WELL AS THE STAFF PICTURES THIS MORNING, I, I THINK IT'S, I I DON'T THINK THAT THE FENCING CREATES THE NARROWING CONCERN THAT, THAT I HEAR WE, UH, UH, DEAL WITH.
UH, AND SO I'M, I'M OKAY WITH THAT.
UM, SO THAT'S, THAT'S MY ONE ONE OPINION.
ANY OTHER DISCUSSION? HEARING NO DISCUSSION ON THE MOTION TO GRANT THE EIGHT FOOT HIGH SPECIAL EXCEPTION, UH, THE BOARD SECRETARY WILL CALL FOR A VOTE.
MOTION PASSES FOUR TO ONE IN THE MATTER OF 2 2 3 0 7 9 IN THE REQUEST, UH, FOR, UH, SPECIAL EXCEPTION FOR HEIGHT.
YOU'LL BE GETTING A LETTER FROM OUR BOARD ADMINISTRATOR, MS. HAYDEN.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 2 3 DASH 0 7 9 ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA, OPEN THIS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THIS DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IT'S BEEN MOVED TO APPROVE A SPECIAL EXCEPTION FOR LESS THAN 50% OPEN SURFACE AREA IN 2 2 3 0 7 9 BY MS. HAYDEN.
IT'S BEEN SECONDED BY MR. NARY DISCUSSION ON THE MOTION.
MS. HAYDEN FIRST THEN MR. NARY FOR THE SAME REASONS I MENTIONED BEFORE.
COULD YOU HOLD ONE SECOND? UH, MR. POOLE, WOULD YOU PUT UP ON THE SCREEN THE, UH, POWERPOINT OF THE APPLICANT THAT, UH, SHOWED US WHERE THE OPACITY IS ON THEIR PROPOSED PROJECT? THANK YOU.
I IT'S RELEVANT TO WHAT'S WE'RE ABOUT TO VOTE ON.
SO THE APPLICANT PROVIDED, UH, THIS IS PART OF THEIR TESTIMONY.
I JUST, IT'S RELEVANT TO THE BOARD BASED ON THE MOTION THAT'S PRESENT.
SO I'M, I BELIEVE FOR THE REASONS I, I STATED BEFORE FOR THE FENCE HEIGHT, UM, THAT THE PROPERTY IS UNIQUE IN THAT IT FRONTS NORTHWEST HIGHWAY AND HATHAWAY AND HAS TWO FRONT YARD SETBACKS.
UM, AS WELL, THE NEIGHBORS WERE NOT APO WE DIDN'T RECEIVE ANY LETTERS IN OPPOSITION AND SEVERAL LETTERS IN SUPPORT, WHICH TELLS ME THAT IT DOES NOT ADVERSELY AFFECT THE NEIGHBORS.
UM, AS MOST OF THE BOARD MEMBERS KNOW, OPACITY IS A BIG ISSUE FOR ME, PARTICULARLY IN, IN INTERIOR NEIGHBORHOOD LOTS.
UM, HOWEVER, I DON'T SHARE THE SAME CONCERNS WITH THIS PARTICULAR PROPERTY BECAUSE OF ITS UNIQUE LOCATION ALONG NORTHWEST HIGHWAY, WHICH IS AN EXCEEDINGLY BUSY THOROUGHFARE.
UM, AND SO THAT'S THE REASON WHY I SECONDED THIS MOTION.
OTHER DISCUSSION ON THE MOTION, MR. COMB? UH, AND IN ADDITION, I'M IN SUPPORT OF THIS MOTION, BUT IN ADDITION TO THE COMMENTS OF THE OTHER BOARD MEMBERS, UH, TO ME IT'S PARTICULARLY STRIKING THAT, THAT THEY DIDN'T GO CLOSED OFF ON THE WHOLE FENCE THAT THEY LEFT
[00:45:01]
IT OPEN TO, TO THEIR NEIGHBORS ACROSS THE STREET.AND IT'S ONLY THE BUSY THOROUGHFARE ON NORTHWEST HIGHWAY PROTECTING THE EQUIPMENT OF THE GENERATOR AND THEN JUST MEETING THE OTHER FENCE.
THAT TELLS ME THAT IT'S A, A, UH, MODEST REQUEST AND I'M IN SUPPORT.
UM, I'M LEANING TOWARD NOT SUPPORTING THE MOTION, BUT I'M NOT COMPLETELY DECIDED YET.
I UNDERSTAND THE NEED TO HAVE THE SOLID FENCE AGAINST THE HIGHWAY.
THAT'S COMPLETELY UNDERSTANDABLE.
BUT I, YOU KNOW, AS WE LOOKED AT THE VIDEO AND LOOKED AT THE PHOTOS OF THE NEIGHBORHOOD, MOST OF THOSE FENCES WERE OPAQUE.
AND I DON'T SEE, UM, THE LOGIC BEHIND HAVING IT SOLID IN THE FRONT.
I KNOW YOU'RE TRYING TO HIDE THAT GENERATOR, BUT THAT GENERATOR COULD ALSO BE MOVED SOMEPLACE ELSE.
SO IF IT WAS MORE SOLID IN THE FRONT LIKE THE NEIGHBOR'S HOUSE IS, I WOULD BE MORE LIKELY TO, UM, SUPPORT THE MOTION.
UM, I'M GONNA SUPPORT THE MOTION.
I THINK, UH, MR. BALDWIN AS THE A REPRESENTING THE APPLICANT.
I THINK THIS, YOUR PRESENTATION WAS VERY, VERY WELL RECEIVED.
UH, I THINK THIS GOES TO THE ISSUE AND IT GOES BACK TO MR. HAM'S COMMENT, UH, UM, AND MR. MARYS ALONG NORTHRIDGE HIGHWAY, IT MAKES TOTAL SENSE TO, FOR IT TO BE SOLID AS WELL AS THE EIGHT FOOT THAT I VOTED FOR AND WE APPROVED A MOMENT AGO.
I AM VERY GLAD THAT THERE'S SOME OPENNESS ON THE FRONT.
IT, UM, I DON'T KNOW IF I WOULD'VE VOTE AGAINST IT IF IT WAS TOTALLY SOLID, BUT I'M GLAD THERE'S OPENNESS LIKE THIS AND I THINK, AS MR. COMB SAID, IT'S A BALANCE.
SO I'LL BE SUPPORTING THE MOTION AND I, I THINK IT'S A REASONABLE REQUEST.
OTHER DISCUSSION ON THE MOTION, THE MOTION ON THE FLOOR IN 2 2 3 0 7 9 IS TO GRANT, THERE'S SPECIAL EXCEPTION REQUEST OF LESS THAN 50% OPEN SURFACE AREA.
THE BOARD SECRETARY WILL CALL THE VOTE.
MOTION PASSES FOUR TO ONE IN THE MATTER OF 2 2 3 0 7 9.
UH, THE BOARD APPROVES BY VOTE OF FOUR TO ONE THE REQUEST TO GRANT THE LESS THAN 50% OPEN SURFACE AREA CONSISTENT WITH THE DRAWINGS AS SUBMITTED.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A TWO TWO THREES DASH 0 7 9 ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE REQUEST TO MAINTAIN ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE ON HA ONTO HATHAWAY STREET AS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
MS. HAYDEN HAS MOVED TO GRANT THE SPECIAL EXCEPTION ON THE 45 FOR ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE IN 2 2 3 0 7 9.
IS THERE A SECOND TO THE MOTION? SECOND.
IT'S BEEN SECONDED BY MR. HOLCOMB.
MS. HAYDEN DISCUSSION ON YOUR MOTION? YES.
UH, BECAUSE NORTHWEST HIGHWAY IS A ONE-WAY, REALLY A ONE-WAY STREET AND ONLY ONE OPTION TO TURN RIGHT OFF OF HATHAWAY ONTO NORTHWEST HIGHWAY.
UM, THIS VISIBILITY TRIANGLE ISSUED DOES NOT CREATE A TRAFFIC HAZARD, MR. HOLCOMB? YEAH.
UM, THIS IS ONE OF THOSE SITUATIONS WHERE I'M VERY HESITANT TO APPROVE ANYTHING IN THIS.
HOWEVER, THE PARTICULAR CIRCUMSTANCES IN THIS CASE AND THE FACT THAT WE BASICALLY BEAT THIS HORSE TO DEATH GOING THROUGH ALL THE PERMUTATIONS OF THE, UH, OF THE ASK, UH, I BELIEVE THAT IT IS REASONABLE AND IT DOES NOT CONSTITUTE A TRAFFIC HAZARD.
ANY OTHER DISCUSSION ON THE MOTION? THE BOARD SECRETARY WILL CALL THE VOTE IN TWO TWO THREE OH SEVEN NINE.
THE MOTION ON THE TABLE IS TO GRANT A REQUEST TO MAINTAIN ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF 2 2 3 0 7 9.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO GRANTS THE REQUEST TO MAINTAIN ITEMS IN THE 45 FOOT VISIBILITY TRIANGLE.
MS. HAYDEN, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 2 3 DASH 0 7 9 ON APPLICATION OF BALDWIN ASSOCIATES GRANT, THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE IN THE PRIVATE DRIVEWAY IS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED.
AND I WOULD LIKE TO AMEND THIS TO SAY, COMPLIANCE WITH THE REVISED SUBMITTED SITE PLAN
[00:50:01]
AND ELEVATION SHOWING NO SIDEWALK AND THE FORFEIT ENCROACHMENT INTO THE VISIBILITY TRIANGLE IS REQUIRED.IT'S BEEN MOVED BY MS. HAYDEN IN 2 2 3 0 7 9 TO GRANT THE REQUEST FOR A 20 FOOT, UH, FOR, TO MAINTAIN THE ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AS A SPECIAL EXCEPTION.
SECONDED BY MR. NARY, MS. HAYDEN? UM, AS, AS I MENTIONED EARLIER IN THE DISCUSSION, UM, THE FACT THAT THIS IS ON A, A SMALL RESIDENTIAL STREET THAT HAS NO SIDEWALKS, UM, MAKES ME A LITTLE LESS CONCERNED ABOUT, OR IT MAKES ME LESS CONCERNED ABOUT THE TRAFFIC ISSUES, UM, DUE TO PEDESTRIANS AND, AND, UM, BICYCLES OR, OR OTHER PEOPLE THAT MIGHT BE ON THE SIDEWALK.
SO, UM, BECAUSE THIS ENTIRE NEIGHBORHOOD DOESN'T HAVE SIDEWALKS, I WOULD RATHER SEE THAT, UM, REMOVED FROM THE PLAN.
AND I WOULD ALSO LIKE TO SEE A DIMENSION ON THE PLAN SHOWING A FOUR FOOT, UM, ENCROACHMENT INTO THE VISIBILITY TRIANGLE.
MR. NERING? UM, I CONCUR WITH THOSE COMMENTS.
I MEAN, TO ME, I THINK MR. BALDWIN SAID IT WAS A FOUR FOOT ENCROACHMENT.
UM, I DON'T SEE ANY PROBLEM WITH, UH, THE, A TRAFFIC SITUATION ON HATHAWAY, SO THAT'S THE REASON WHY I SECONDED.
ANY, ANY OTHER DISCUSSION ON THE MOTION? UH, WE'RE GONNA VOTE NOW ON 2 2 3 0 7 9.
THE MOTION ON THE FLOOR IS TO GRANT THE 20 FOOT GRANT, THE SPECIAL EXCEPTION, TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE.
UM, IN 2 2 3 0 7 9, THE BOARD UNANIMOUSLY APPROVED FIVE BY FIVE TO ZERO THE AND GRANTS THE SPECIAL EXCEPTION, UM, REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE.
I'M GONNA SKIP ONE AND GO TO NUMBER SIX, THEN WE'LL COME BACK.
NUMBER FIVE AND NUMBER SIX, UH, THE CHAIR AND ENTERTAIN A MOTION.
UH, 2 2 3 0 7 9, UH, REGARDING THE VARIANCE ON NORTHWEST HIGHWAY.
I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 2 3 DASH 0 7 9 ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE 23 FOOT SIX INCH VARIANCE TO THE FRONT YARD SETBACK REGULATIONS ON NORTHWEST HIGHWAY 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 WILL 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 MOST RECENT VERSION OF ALL SUBMITTED PLANS.
IN REGARD, IT'S BEEN MOVED BY, UH, MS. HAYDEN TO APPROVE, UH, B D A 2 2 3 0 7 9 AND GRANT A 23 FOOT SIX INCH VARIANCE TO THE FRONT YARD SETBACK ALONG NORTHWEST HIGHWAY.
IT'S BEEN SECONDED BY MS. DAVIS.
DISCUSSION MS. HAYDEN AS MENTIONED PREVIOUSLY, THE, THE LOCATION OF THIS, UH, THIS SITE ALONG NORTHWEST HIGHWAY, I BELIEVE AS A, AS AN EXCEPTION, UM, TO GRANT THIS VARIANCE TO THE FRONT YARD SETBACK, THE, YOU KNOW, THE PHYSICAL CHARACTER OF THE PROPERTY, UM, MAKES IT SUCH THAT A, A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE CODE WOULD RESULT IN THE UNNECESSARY HARDSHIPS OF THE APPLICANT.
UM, MS. HAYDEN, MS. DAVIS, I AGREE WITH MS. HAYDEN ALSO THAT ONE PHOTO THAT SHOWED THE LINE, UM, THAT, UH, SHOWED THE, THE NEIGHBORING PROPERTY WAS VERY TELLING TO ME AND VERY HELPFUL, WHICH IS WHY I'M SUPPORTING THIS MOTION.
UH, ANY OTHER DISCUSSION ON THE MOTION? ABSOLUTELY.
I THINK THAT THE PROPERTY TO THE WEST, TO THE WEST OF, OF THE PROPERTY AND THAT FRONTAGE WOULD CREATE AN UNDUE BURDEN ON THE, THE ABILITY TO PROPERLY DEVELOP THIS PROPERTY.
SO BASED ON THAT AND ALSO THE VIS THE, THE TRAFFIC ALONG NORTHWEST HIGHWAY, BOTH TO ME SAY THAT THIS MERITS THIS VARIANCE.
ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE WILL NOW CALL FOR A VOTE.
THE VOTE ON THE MOTION RIGHT NOW IS BDA 2 2 3 0 7 9.
THIS MOTION IS TO GRANT THE 23 FOOT SIX INCH VARIANCE TO THE FRONT YARD SETBACK, UM, ON NORTHWEST HIGHWAY.
THE BOARD SECRETARY WILL CALL THE VOTE.
THE BOARD IS GRANTED BY A VOTE OF FIVE TO ZERO, THE 23 FOOT SIX INCH VARIANCE OF THE FRONT YARD SETBACK ALONG THE NORTHWEST HIGHWAY.
[00:55:01]
I MOVE THAT THE BOARD OF ADJUSTMENT IN APPEAL NUMBER BDA 2 23 DASH 79 ON APPLICATION OF BALDWIN ASSOCIATES DENY THE 35 FOOT VARIANCE TO THE FRONT YARD SETBACK REGULATIONS ON HATHAWAY STREET REQUESTED BY THIS APPLICANT APPLICANT, UH, WITHOUT PRE PREJUDICE 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 NOT RESULT IN UNNECESSARY HARDSHIP TO THIS APPLICANT IN THE MATTER OF 2 2 3 0 7 9.UH, MS. HAYDEN, UH, IN THE MATTER OF 2 2 3 0 7 9 IN THE REQUEST ABOUT A 35 FOOT VARIANCE, THE FRONT YARD SETBACK ALONG HATHAWAY, MS. HAYDEN HAS MO HAS MADE THE MOTION TO DENY WITHOUT PREJUDICE.
IT'S BEEN SECONDED BY MS. DAVIS.
MS. HA, MS. HAYDEN? I, I, I AGREE WITH THE STAFF'S ASSESSMENT THAT THIS WAS ACTUALLY A SELF-CREATED HARDSHIP AND THAT THE GENERATOR CAN BE RELOCATED TO ANOTHER LOCATION.
UH, UH, IT DOESN'T NECESSARILY HAVE TO GO CLOSER TO NEIGHBORS.
UM, IT COULD GO, YOU KNOW, THERE'S A PLENTY OF ROOM BETWEEN THE FENCE, UM, AT NORTHWEST HIGHWAY AND THE HOME TO LOCATE THAT GENERATOR.
THANK YOU MS. MS. DAVIS DISCUSSION ON THE MOTION.
UM, MR. POOLE, WOULD YOU PUT THAT, UM, POWERPOINT UP THAT ZERO WAS IN ON THE, UH, HATHAWAY AND THE LOCATION OF THE, THE GENERATOR? NO PROBLEM.
I'LL EDITORIALIZE WHILE, WHILE THAT JOINT, UH, THE REASON YOUR CHAIRMAN MOVED THIS TO THE LAST OF THE, OF THE SIX IS BECAUSE I SUSPECTED THAT THIS WOULD HAVE, UH, THAT I DIDN'T KNOW IF THIS ONE WOULD, WOULD FLY.
UM, I AGREE WITH THE COMMENTS THAT I'M HEARING FROM MS. HAYDEN.
UM, UM, BUT I COULD BE PERSUADED, BUT I, I'M JUST NER I CONTINUE TO BE NERVOUS ABOUT THE NARROWING OF THINGS IN THE STREET.
IT'S ONE THING TO HAVE A HEIGHT OF THE FENCE.
IT'S ANOTHER THING THAT, THAT FAR FORWARD AND TO HAVE THE GENERATOR THERE, I'M, I'M NOT CONVINCED YET.
SO, UM, SO I WANTED THIS UP SO THAT WE ALL COULD, UH, ABSORB WHAT WE'RE TALKING ABOUT HERE.
MR. HOLCOMB? UM, YEAH, I'M, I'M ACTUALLY FAIRLY CONVINCED THAT, UH, THIS IS A GOOD PLACE FOR THE GENERATOR.
UM, I HAVE SIGNIFICANT EXPERIENCE WITH GENERATORS.
THEY ARE, UH, A NOISE HAZARD TO THE POINT WHERE THEY WILL DO DAMAGE TO YOUR EARS, UH, IF YOU'RE CLOSE ENOUGH TO THEM WHEN THEY'RE RUNNING.
UM, AND SO HAVING IT AS FAR AWAY IN ITS OWN LITTLE ENCLAVE SEEMS LIKE THE BEST, UM, CHOICE IN THE INTEREST OF PUBLIC SAFETY.
AND THEREFORE, I, I WOULD BE OKAY WITH THIS FOR THIS PARTICULAR APPLICATION.
ANY OTHER DISCUSSION ON THE MOTION? THE MOTION IN FRONT OF US IS TO DENY THE REQUEST FOR A 35 FOOT VARIANCE, THE FRONT YARD SETBACK DISCUSSION ON THE MOTION.
WHERE ELSE WOULD YOU PUT THE GENERATOR? I MEAN, THAT'S, THAT'S THE SPOT.
WAIT, MR. POOLE, YOU'RE QUICK ON THAT.
THAT'S EXACTLY WHERE I WAS GONNA TURN TO NEXT BECAUSE I MEAN, IT, IT NEEDS TO BE SERVICE.
SO IF YOU PUT IT IN THE TOP LEFT CORNER, YOU'VE GOTTA GET PERSONNEL INSIDE THE PROPERTY AND ALL THE WAY TO THE BACK.
YOU PUT IT IN THE BOTTOM LEFT CORNER, YOU'RE IN THE SAME SITUATION, YOU PUT IT IN THE NORTH CORNER, YOU'RE MAKING A NOISE NUISANCE FOR YOUR, YOUR NEIGHBOR UP THERE.
SO TO ME, I MEAN, IT'S JUST MY OPINION, THE OPINION OF THIS ONE MEMBER, THAT SEEMS TO BE THE MOST LOGICAL POSITION FOR, FOR THE GENERATOR.
SO THE, THE LOCATION THAT THE 35 FOOT SETBACK LINE WOULD BE, WHERE ON THIS DIAGRAM IS IT? WHERE THAT DASHED LINE IS? THE VERTICAL LINE? I DON'T KNOW WHERE IT IS ON THIS DIAGRAM, BUT I GUESS I DON'T SEE WHY IT COULDN'T BE MOVED OVER BY THAT, THAT CONCRETE PATH.
CONCRETE BY THE CONCRETE PAVERS TO GET IT OUT OF THE SETBACK.
YOU COULD STILL ACCESS IT, YOU COULD PUT THE ROCK WALL AROUND IT THERE.
SO YOU DON'T HAVE THE NOISE ISSUE.
I MEAN, I'M NO GENERATOR PERSON,
SAY MR. POOLE, IS THAT, IS THAT THE BUILDING LINE OR THE SETBACK LINE? OKAY.
SO YOU WERE CORRECT MS. HAYDEN.
WELL, IF THE BOARD DENIES THIS, THAT MEANS THEY CAN'T PUT THE FENCE ALONG HATH HATHAWAY EITHER,
[01:00:02]
CORRECT.IT'S, OH, YOU CAN KEEP THE FENCE, BUT SO IS THE GENERATOR.
THE ONLY QUESTION FOR US NOW, HOW DOES THE FENCE STAY WHEN IT'S EIGHT? UH, WE'VE APPROVED EIGHT FEET, BUT, BUT IT'S IN THE FRONT YARD SETBACK.
IT'S, IT'S NOT FIVE FEET BACK.
FENCES CAN BE BUILT IN ON THE PROPERTY LINE OR ANYWHERE THERE'S NO SETBACK.
I'M JUST GONNA, UH, AGAIN, AGREE WITH MS. HAYDEN.
I THINK THERE'S NO REASON THAT THERE JUST IS NO REASON WHY YOU CAN'T PUSH THAT BACK.
MR. MR. NERING, UH, I'M THINKING THE GENERATOR COULD BE MOVED IF WE, IF WE STAY WITH THE ORIGINAL LINE, MOVE THAT BACK.
THE GENERATOR COULD STAY ON THAT SIDE OF THE HOUSE, ALONG THE FENCE LINE IN THAT BOTTOM RIGHT CORNER ALONG NORTHWEST HIGHWAY.
I MEAN, THAT WOULD BE A PO SEEMS LIKE A POSSIBILITY TO ME.
THAT'S, UH, PROTOCOL DICTATES THAT ONCE WE GO TO A MOTION ON THE FLOOR, THE MOTION IS THE PROPERTY OF THE, OF THE BOARD.
BUT I'M GONNA ASK THE APPLICANT TO COME FORWARD, UH, OF THE PREROGATIVE OF THE PRESIDING OFFICER AND RESPOND TO THE CONCERN YOU'VE HEARD FROM THE BOARD.
UH, I UNDERSTAND BOTH SIDES TO THIS.
YOU KNOW, WE DO HAVE TO PROVE A HARDSHIP.
UH, OUR HARDSHIP IS TO TRY TO MAKE IT NOT A HARDSHIP ON OUR NEIGHBORS.
AND I KNOW THAT'S NOT, THAT DOESN'T MEET THE LANGUAGE, UH, OF THE CRITERIA, BUT WE DO BELIEVE THAT'S THE PROPER LOCATION FOR IT.
UM, WE COULD MOVE IT CLOSER TO THE HOUSE.
UH, BUT IT'S AGAIN, MOVING IT CLOSER TO PEOPLE.
SO WE'VE REFERRED TO KEEP IT WHERE IT IS, BUT I, I UNDERSTAND THE DECISION YOU GUYS HAVE TO MAKE.
THANK YOU, MR. BALDWIN, MS. DAVIS.
BUT IF IT WAS MOVED CLOSER IN AND TOWARD THAT CORNER, IT STILL WOULDN'T AFFECT THE NEIGHBORS.
IT WOULD AFFECT, AFFECT THE OWNER, BUT IT WOULD NOT AFFECT THE NEIGHBORS.
AND YOU'RE SAYING THAT YOU'RE IT OUT THERE BECAUSE OF THE NEIGHBORS? YEAH.
WE WANNA BE CONDUIT OF PEOPLE, BUT WE ALSO WANNA BE KIND TO US.
NEITHER DISCUSSION OF THE MOTION.
THE, UH, THE MOTION ON THE FLOOR IS TO DENY IN 2 2 3 0 7 9 IS TO DENY THE REQUEST FOR A 35 FOOT VARIANCE IN THE FRONT YARD SETBACK, UH, REQUESTED BY THE APPLICANT.
WITHOUT PREJUDICE, THE BOARD SECRETARY WILL CALL FOR THE VOTE.
THIS IS A MOTION TO DENY MS. HAYDEN.
MR. HAWKIN NAY, MR. CHAIR? AYE.
MOTION PASSES FOUR ZERO, I MEAN FOUR ONE, I'M SORRY, IN THE MATTER OF 2 2 3 0 7 9.
THE BOARD BY A VOTE OF FOUR TO ONE, UH, HAS DENIED THE REQUEST WITHOUT PREJUDICE FOR THE, UH, 35 FOOT VARIANCE IN THE FRONT YARD.
SETBACK, UH, YOU'LL GET, UH, LETTERS FROM OUR BOARD ADMINISTRATOR.
NEXT ITEM ON THE AGENDA IS B D A 2 2 3 DASH 0 8 0 2 2 3 0 8 0.
THIS IS AT 1 0 0 2 0 MEADOWBROOK LANE, MEADOW MEADOWBROOK DRIVE.
SORRY TO COME BACK AND HAUNT YOU AGAIN.
YOU'VE BEEN, YOU, UM, PROCEED, UH, MARY? YEP.
DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? I DO.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
3 9 0 4 ELM STREET, SUITE B IN DALLAS, REPRESENTING THE LAMBS, UH, THE OWNERS OF THE PROPERTY.
BEFORE I GET STARTED, I WANNA MAKE SURE THAT YOU GUYS GOT BOTH OF THESE HANDOUTS.
UH, THEY DID NOT MAKE IT INTO MY PRESENTATION, AND I'LL GET TO 'EM IN JUST A SECOND.
UM, SO THE REQUEST BDA 2 2 3 0 8 0.
A LOT LESS COMPLICATED THAN THE OTHER ONE.
UM, THIS PROPERTY, OH, JASON'S NOT HERE.
UM, SO UNTIL JASON COMES BACK, WELL LET, LET'S GO THROUGH THIS, THIS UNTIL MR. BULL GOES BACK.
UH, SO WE'RE JUST NORTH AND A LITTLE BIT WEST OF THE LAST
[01:05:01]
SITE WE'RE AT, SO WALNUT HILL AND MEADOWBROOK.THIS IS THE SITE, IT'S ZONED R ONE ACRE.
UH, IT'S ON THE EAST SIDE OF MEADOWBROOK, UH, SMALL LITTLE CUL-DE-SAC AND YOU SAW AT THE BRIEFING SESSION.
THIS IS, UH, THE SITE LOOKING DOWN, UH, THE, THE STREET.
UH, WE'RE ON THE RIGHT HAND SIDE, UH, THE SECOND HOUSE INN.
SO WE'RE ASKING FOR A SPECIAL EXCEPTION TO ALLOW FENCE TALLER THAN FOUR FEET IN REQUIRED FRONT YARD.
WE'RE REQUESTING TO ALLOW A SLIGHT ENCROACHMENT IN THE VISIBILITY TRIANGLE.
AND IF YOU LOOK AT THIS THAT I JUST HANDED OUT, YOU LOOK DOWN IN, UH, UH, LOWER RIGHT HAND, LOWER LEFT HAND CORNER.
THERE'S A LITTLE HIGHLIGHTED AREA.
WE'RE ABOUT, I WOULD SAY, FOUR INCHES INTO THE VISIBILITY TRIANGLE.
UH, SO IT, IT IS A VERY, VERY SLIGHT, IN FACT, WE DIDN'T KNOW WE WERE IN THE VISIBILITY OF TIE AND CO UNTIL DIANA TOOK US IN AND TOOK HER SCALE TO IT AND SAW THAT WE WERE.
SO, UH, THAT'S THE EXTENT OF, THAT'S THE ONLY SITE VISIBILITY TRIANGLE WE'RE ASKING FOR.
UH, NEXT REQUEST IS THE SPECIAL EXCEPTION TO ALLOW, UH, UH, A SMALL PORTION OF THE FENCE TO BE SOLID.
AND A VARIANCE ALLOWS A SCREENED IN PORCH OR SOLARIUM IN REQUIRED SIDE YARD SETBACK.
AND YOU CAN SEE AGAIN, WE HAVE THE OPEN FENCE POINTED IT RIGHT IN FRONT OF THE PROPERTY.
WE DO HAVE SOME SOLID PANELS, AND YOU SAW THE, THE SLIDE STAFF SHOWED THIS MORNING WITH, UH, WHAT I THINK IS A, A REALLY COOL, UH, IN A CUT OUT METAL PANEL GATE AT THE DRIVEWAYS.
AND THEN THERE'S SOME, UH, SMALL SECTIONS OF STONE ON EITHER SIDE OF IT.
AND WE HAVE THE LANDSCAPE ARCHITECT HERE TODAY, UH, IN CASE YOU HAVE ANY QUESTIONS.
SO, WHAT I WANTED TO POINT OUT, ONE THING THAT DIDN'T SHOW UP ON YOUR INITIAL REPORT IS, UM, THE DRAINAGE EASEMENT THAT GOES TO THE PROPERTY.
THAT'S GONNA COME IN HANDY LATER IN THAT, UH, IT KIND OF LIMITS WHERE WE CAN PUT OUR SCREENED IN PORCH.
IT KIND OF REDUCES THE SIZE OF THE PROPERTY.
SO, THIS I THINK IS A COMPELLING EXHIBIT.
THIS IS WHAT THE, WE WOULD LIKE THE FENCE TO LOOK LIKE.
UH, AS STAFF SAID, WHEN WE FIRST CAME IN, WE WERE ASKING FOR AN EIGHT TWO FOOT TALL FENCE, UH, WAS NOT WIDELY OR WARMLY RECEIVED BY THE NEIGHBORS.
THE LAMBS WENT UP AND DOWN THE STREET, UH, OVER THE LAST COUPLE WEEKS AND HAD, UH, WINE AND CHEESE WITH THEIR NEIGHBORS AND REACHED A CONSENSUS OF FOUR FOOT SIX FOR THE AVERAGE HEIGHT OF THE FENCE.
AND THAT'S, SO WE'VE LOWERED IT.
UH, MOST OF THE FENCES YOU'LL SEE IS FOUR FOOT SIX INCHES TALL.
UM, ON THE LEFT HAND SIDE IT GOES UP TO, UH, SIX, SIX ON ONE SIDE, BUT IT'S FOUR FOOT SIX ALL THE WAY A ACROSS THE FRONT, UM, WHERE WE HAVE A LITTLE BIT OF A DIP.
THE LANDSCAPE OUR, TELLS ME IT'S GET, GETS RIGHT ABOUT FIVE FEET.
BUT THIS IS WHAT WE WANNA LOOK LIKE.
I THINK IT'S A COOL LOOKING FENCE.
IT FITS WITH THE NEIGHBORHOOD.
UM, AND WE JUST HAVE THE SMALL LITTLE STONE WALLS ON EITHER SIDE.
AND THEN THE, THE SLIDING GATE WITH THE, UH, MUSHER QUITE WHAT THAT'S CALLED.
BUT IT'S, UH, THE, THE CUTOUT METAL PANELS.
SO THIS IS WHAT THE PREVIOUS REQUEST WAS.
SO YOU CAN SEE IT WAS A, AN EIGHT TO FOOT TALL FENCE, UH, LEADING DOWN TO, TO SIX FOOT.
BASED ON CONVERSATIONS WITH THE NEIGHBORS, THEY AGREED TO LOWER IT TO, TO FOUR AND A HALF FEET.
AND THAT'S, UH, WITH THIS SHOW, AND THAT'S WHY IT CAME INTO YOUR, YOUR PACKET LATE BECAUSE THEY'D JUST START TALKING LAST WEEK OR JUST OVER THE WEEKEND.
WE FINALLY, UH, FINALLY FINISHED IT.
SO THIS IS JUST A BLOW UP OF, UH, WHAT IT WOULD LOOK LIKE.
AND YOU SEE ON THE LEFT WHERE WE HAVE THE, THE LITTLE SPOT THAT'S SIX FOOT SIX, BUT THEN IT GOES DOWN TO FOUR FOOT SIX.
UH, SO THE, JUST, YOU KNOW, AS IT'S COMMON ON, ON, UH, EITHER SIDE OF GATES, IT GOES UP A LITTLE HIGHER.
BUT EVERYWHERE ELSE IT'S THAT OPEN PICKETS, WHICH IS KIND OF REALLY COOL.
AND YOU CAN SEE THERE ARE OTHER FENCES ON THE STREET.
OKAY, SO LET'S TALK ABOUT THE VARIANCE.
THIS IS, UH, AN INTERESTING LOT.
AND I THINK THE BIG THING ON, ON THIS IS IT'S GONNA BE VERY DIFFICULT TO BUILD COMMENSURATE WITH OTHER LOTS IN AN R ONE ACRE DISTRICT.
THAT'S BECAUSE BEING A ONE ACRE DISTRICT, YOU HAVE TO BE ONE ACRE.
[01:10:01]
IS 0.69 ACRES.SO EVERY OTHER LOT ON THE, THE BLOCK IS ONE ACRE.
UM, WE ARE, YOU KNOW, WHAT, TWO THIRDS OF THAT SIZE.
AND, UH, SO WE'RE TRYING TO DEVELOP COMMENSURATE WITH THIS.
WE NEED A LITTLE ABILITY TO PUSH INTO, UH, OUR SIDE YARD SETBACK.
REMEMBER THAT, THAT EXHIBIT I SHOWED YOU EARLIER WITH THE, THE EASEMENT GOING ACROSS THAT WE CANNOT BUILD IN, IT'S ALSO HEAVILY TREED ON THE AREA.
SO THIS IS THE ONLY PLACE WE CAN ADD A LITTLE SCREENED IN PORCH AND, UH, UH, ON THE SITE.
UH, THE GOOD NEWS IS IF WE GO TO THIS NEXT HANDOUT I GAVE YOU, BUT LIKE I SAID, THE LAMBS HAVE BEEN VERY BUSY.
THEY HAVE SPOKEN TO ALL THEIR NEIGHBORS.
THEY'VE GOT VERBAL SUPPORT FROM ALL THEIR NEIGHBORS.
AND AS YOU SEE IN THIS, WE HAVE GREEN OF ACTUALLY TEXTS AND, UH, EMAILS SUPPORTING THE REQUEST AS WE'RE BEING PRESENTED TO YOU TODAY.
SO, UM, THAT'S WHAT THIS HANDOUT IS SHOWING, UH, THE ACTUAL TEXT AND EMAILS WE GOT FROM THE NEIGHBORS SAYING THEY SUPPORT WHAT WE'RE DOING.
AND THE GOOD NEWS IS, UM, THIS IS WHAT THE, THE SCREENING FORTUNE TIME IS UP.
THE, THE RED LINE ON THAT SHOWS THE FENCE HEIGHT, UH, ON THE SIDE YARD.
AND OUR NEIGHBOR JUST TO THE SOUTH IS ONE OF THE LETTERS IN SUPPORT SAYING HE, HE IS FINE WITH THIS ENCROACHMENT.
UM, I'M HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.
WE HAVE THE LANDOWNER AND WE HAVE THE, THE ARCHITECT HERE IF YOU HAVE ANY QUESTIONS.
DID WE HAVE ANY OTHER SPEAKERS, UH, REGISTERED FOR OR AGAINST ON THIS CASE? NO, THE SPEAKERS REGISTER.
UH, QUESTIONS FOR MR. BALDWIN IN 2, 2, 3 0 8.
OH, MR. HALCOMB, MORE OF A QUICK COMMENT THAN A QUESTION, BUT THESE IMAGES HAVE HELPED QUITE A BIT.
I, FROM THE BRIEFING WASN'T IN SUPPORT OF ANY OF THIS, AND NOW MY MIND IS SLOWLY BEING CHANGED AS I SEE A VISUAL REPRESENTATION OF WHAT YOU'RE TALKING ABOUT.
ESPECIALLY WHAT SECTIONS ARE OPEN VERSUS CLOSED.
THAT I, I THOUGHT THAT THE LANDSCAPE ARCTIC DID SUCH A SPECTACULAR JOB WITH THAT, UH, EXHIBIT.
UH, IT REALLY MAKES IT EASIER BECAUSE IT'S HARD TO SEE ON A BLACK AND WHITE FLAT EXHIBIT WHAT THAT REALLY LOOKS LIKE.
BUT THAT'S, THAT'S THE, WHAT IT'S GONNA LOOK LIKE.
AND WE'RE HAPPY TO HAVE THAT SLIDE INCLUDED IN OUR APPROVAL SET.
I, I WOULD ECHO MR. HOLCOMB'S COMMENT THAT, UM, I, I WAS NOT PREDISPOSED GIVEN THE, THE, THE, THE 360 CAMERA WE HAD AND THE VISIBILITY WE DO THINKING, GOSH, THIS IS A GREAT NICE ALMOST RURAL FEELING CUL-DE-SAC AND WE'RE GONNA PUT A FENCE UP NOW.
THAT'S, YOU KNOW, SO, BUT SEEING WHAT YOU ANTICIPATE HERE IN SOME COLOR AND SOME DEPTH MAKES IT FEEL LIKE IT'S NOT A FENCE IN YOUR FACE.
DOESN'T FEEL THAT NARROWING THAT MY CONSERVATIVE NARROWING.
SO FOR YOUR PROPERTY OWNER'S BENEFIT, I'LL SAY, OR FOR YOUR BENEFIT TO THE PROPERTY OWNER, THE, YOUR ILLUSTRATIONS HAVE ASSISTED ME IN TRYING TO SHAPE MY, MY OPINION.
OTHER COMMENTS FROM THE, THE BOARD? I'VE GOT MR. NRI, THEN MS. DAVIS.
MR. NRI? UM, YES, MR. BALDWIN, JUST AS A POINT OF CLARIFICATION REGARDING THE OPACITY, UM, THE AREAS THAT WILL BE LESS THAN 50% OPEN ARE BASICALLY THE BUTTRESSES TO THE GATES ONLY, CORRECT? CORRECT.
AND I DON'T, DO YOU KNOW WHAT THE HAPPEN OF THE GATE? OH, NO, NO.
SO SHE'S TELLING ME IF, IF SHE'D LIKE TO SPEAK, OH, THEN YOU CAN WALK OVER TO HER AND ASK HER.
BUT I CAN'T HAVE HER SHOUT UNLESS I HAVE HER SWEAR IN AND GET YOUR NAME AND THE WHOLE DEAL.
SO, UH, SO YOU HAD A SIDEBAR? YEAH.
THE LANDSCAPE MARKET TELLS ME THAT THE, THE GATE ITSELF OR THE CUTOUTS IS MORE THAN 50% OPEN.
SO IT'S JUST, UH, THE WING WALLS ON EITHER SIDE OF THE GATE.
DID THAT ANSWER YOUR QUESTION, MR. GENERIC ONE? UH, I, MS. DAVIS, WELL, BEFORE YOU GO THERE, JUST A CLARIFICATION 'CAUSE WE'VE HAD A LITTLE BIT OF CHANGE.
WE WERE ORIGINALLY, THE CASE ORIGINALLY WAS A REQUEST FOR SEVEN FOOT THREE INCH HIGH FENCE.
YOUR REQUEST IS SIX SIX NOW? CORRECT.
WITH MOST OF IT BEING FOUR SIX.
BUT AT THE, THE PEAK IS SIX SIX, RIGHT.
BUT MOST OF IT'S FOUR SIX AS SHOWN ON THE REVISED.
CAN YOU, CAN, CAN WE CLICK BACK TO THAT, MR. POOLE? IS THAT I DON'T NEED TO STEAL YOUR THUNDER.
I WANNA VERIFY THAT AND THEN I'LL GO BACK TO QUESTIONS.
THAT'S, THAT SHOWS YOU WHERE IT'S SIX SIX AND WHERE IT DROPS TO FOUR SIX.
I, I DON'T GET IT NOW I'M SQUINTING MY TO THE LEFT AND THE TOP IS THE FOUR SIX AND THEN THE GATE IS SIX SIX, IS THAT WHAT I'M CORRECT? IS THAT WHAT YOU'RE SAYING? YEAH, IF YOU GO ONE MORE SLIDE FORWARD PLEASE.
THAT, THAT'S PROBABLY EASIER TO
[01:15:01]
SEE AS YOU CAN SEE IF YOU START ON PLAN, RIGHT? YES.AND IT GOES UP TO SIX SIX AND THEN BACK TO FOUR SIX.
ALL THE WAY UP SIX SIX IS THE, THE, THE, THE PILLARS OR WHATEVER.
AND THE GATE, I CALL 'EM WING WALLS.
AND THEN IT GOES BACK DOWN TO FOUR SIX.
SO, AND THIS IS WHAT'S BEEN SHARED WITH THE NEIGHBORS AND WHAT THEY SIGNED ON.
YOU KNOW WHAT, HOLD ON ONE SECOND HERE.
DOES THAT ANSWER YOUR QUESTION, MR. ATTORNEY? OKAY, GOOD.
AND THIS IS, THIS EXHIBIT IS IN YOUR DOCKET.
IT MIGHT NOT BE IN DOCK MATERIAL.
UH, I'VE AMENDED MY REQUEST TO INCLUDE THIS EXHIBIT.
AND THAT'S WHAT WE ALSO GOT ON THE RECORD AT 6, 6 4.
MS. DAVIS, THEN MS. UH, HAYDEN, MS. DAVIS.
SO I, I JUST WANNA CLARIFY 'CAUSE IF WE VOTE TO APPROVE THIS, YOU COULD MAKE THE OPAQUE PART SIX SIX.
SO DO THE ELEVATIONS THAT YOU SUBMITTED SPECIFY FOUR SIX? YES, MA'AM.
THAT EVERYTHING'S, UH, SCALED AND, UH, DIMENSION WE CAN ONLY BUILD TO THIS PLAN.
AND THAT THAT IS, UH, I GUESS THAT'S AN ATTORNEY OR ATTORNEY'S QUESTION.
SO IF WE APPROVE THIS, THEY NEED TO STICK WITH THE, THE, THE, UM, I GUESS THE SOLID PARTS OF THE FENCES CAN, NO, CANNOT GO OVER SIX SIX.
AND THEN THE ROD IRON, YOU KNOW, THE OPAQUE CANNOT GO OVER FOUR SIX.
UM, IT'LL BE REFLECTIVE OF WHAT'S IN THE, UH, THE SITE PLAN.
THE MOST RECENT SITE PLAN, WHICH IS WHAT HE'S REFERRING TO, THE MAXIMUM ITEM THREE SIX PRECISELY WHAT YOU, TO WHAT YOU'RE REFERRING.
BUT FOUR, SIX WILL, WE'LL, THEY, WE HAVE, WE CAN STILL HOLD THEM TO THAT FOUR SIX.
I MEAN, I'M CONCERNED ABOUT THE SIX SIX.
I WANNA MAKE SURE THAT THE, THE OPAQUE PART IS IN FACT FOUR SIX, AND NOW WE CAN HOLD THEM TO THAT.
'CAUSE I CAN'T READ IT ON HERE.
SO I'M ASSUMING IT HAS IT ON THE YEAH.
THE, THE ELEVATIONS, BUT I JUST WANNA MAKE SURE WE CAN STILL HOLD THEM TO THAT FOUR, SIX, THE, THE OPEN PARTS FOUR, SIX MM-HMM.
SO, UM, QUESTION THIS, WE, WE HEARD, WE HEARD IN OUR STAFF BRIEFING THIS MORNING, AND I SEE ON THIS THE, UH, THE GROUND, UH, IT'S NOT, IT'S NOT ALL LEVEL.
IT'S, IT'S, UM, HAS A LITTLE BIT OF A ROLE TO IT.
UH, THEY'D MEASURE COMMERCIAL AND RESIDENTIAL FENCES DIFFERENTLY, PLEASE.
THEY MEASURE ON THE INSIDE AND THE OUTSIDE OF THE FENCE AND THE HIGHER NUMBERS, THE HEIGHT OF THE FENCE.
SO BACK TO MS. DAVIS'S QUESTION.
SO, SO SOME OF THAT FENCE IS IN THE GROUND THEN? WELL, SOME OF IT'LL BE IN THE GROUND AND THAT'S, I THIS MAY NOT BE THE, THE, THE FINISHED ELEVATION WE'RE LIMIT OURSELF TO, TO FOUR SIX.
FROM, FROM THE GROUND, THE MEASUREMENT OF THE STAKE.
SO IT'S, IT'S AN EVEN FOUR SIX ACROSS EXCEPT AT THE, THE WHATEVER YOU CALL THE WING WALLS AND THE GATE.
SO YOU MENTIONED, YOU MENTIONED THAT MOST OF THE OTHER PROPERTIES ARE ABOUT AN ACRE.
THIS ONE IS ABOUT TWO THIRDS THAT SIZE, BUT YOU WANTED TO BUILD COMMENSURATE WITH THE OTHER HOUSES.
BUT THIS IS A MUCH SMALLER PROPERTY, SO THAT'S NOT JUSTIFYING THIS SETBACK.
SO CAN YOU CONVINCE ME THAT I SHOULD HAVE VOTE IN FAVOR? BECAUSE IT, IT'S A SMALLER, IT'S A SMALLER LITTLE PARER.
I MEAN, IT'S SIGNIFICANTLY SMALLER THAN YOUR OTHER NEIGHBORING PROPERTIES.
SO YOU CAN'T LOOK AT IT AS IT'S THE SAME SIZE AS THE OTHER PROPERTIES OR CORRECT YARDS.
THAT'S, IT'S, UM, THE, THE REQUIREMENT IS KIND OF ODD.
YOU KNOW, IT'S, IT'S NOT A SELF-CREATED HARDSHIP.
WE DID NOT CREATE THE SIZE OF THE LOT.
AND IT ALLOW, THE VARIANCE ALLOWS YOU TO BUILD COMMENSURATE WITH OTHER LOTS IN THE SAME ZONING CLASS CLASSIFICATION.
UM, AND WE HAVE A ZONING CLASSIFICATION THAT IS NOT PROBABLY PROPER FOR THIS BECAUSE IF I WERE TRY TO REZONE THE PROPERTY TO ONE ACRE A DAY, THEY WOULDN'T LET ME.
'CAUSE I DON'T MEET THE, THE SIZE REQUIREMENT.
SO WE THINK THAT, UM, WE HAVE HEAVILY TREED, UH, THE, THE, YOU KNOW, BACKYARDS LANDSCAPE.
WE HAVE THAT DRAINAGE, UH, EASEMENT ALONG THE NORTH SIDE THAT WE CAN'T BUILD IN.
AND SO IT LEAVES US JUST A SMALL AREA TO ACTUALLY DO ANY ADDITIONS TO THE STRUCTURE.
AND WE THINK THAT WE CAN MEET THE, YOU KNOW, THE CRITERIA FOR GRANTING A HARDSHIP BY THE COMMENSURATE LANGUAGE AND, UM, NOT SELF-CREATED.
AND THE FACT THAT WE'RE DIFFERENT FROM OTHER LOTS IN THE AREA
[01:20:02]
AND OUR NEIGHBORS IS SUPPORTIVE OF WHAT WE'RE DOING.I ANSWER YOUR QUESTION FOR NOW, DAVIS.
PARDON ME, SIR? SPEAK TO THE FENCE MATERIALS.
ONE OF YOUR REQUESTS IS A SPECIAL EXCEPTION TO THE FENCE MATERIALS.
OH, THAT IS THE, UH, THAT FLAT METAL, UH, THAT HAS THE CUTOUTS IN IT YES.
SO THE CITY REGULATIONS DON'T ALLOW YOU TO HAVE A FLAT METAL FENCE.
UM, THEY CAN HAVE DECORATIVE IRON FENCES, BUT YOU CAN'T HAVE A FLAT METAL FENCE.
WHY DO YOU THINK THAT IS? BECAUSE THEY DON'T WANT SHEET METAL.
UH, AND THEY, UH, THEY DON'T WANT ANYBODY TO BE ABLE TO PUT SHEET METAL FENCES IN THE FRONT YARD.
SO WHY SHOULD WE GRANT YOU A SPECIAL EXCEPTION FOR THAT THING? BECAUSE I THINK THIS IS A BEAUTIFUL FENCE.
WE'RE NOT TALKING ABOUT THE FENCE.
WE'RE TALKING ABOUT THE, THE, THE GATE.
I, I THINK, I THINK THE FENCE LOOKS GREAT.
I DON'T, I DON'T KNOW IF I HAVE AN OPINION ON, BUT THE FENCE LOOKS FABULOUS.
I THINK THEY WORK HAND IN HAND AND THEY, THEY'RE, THEY'RE, I THINK THEY'RE, IT'S A VERY STRIKING COMBINATION.
I JUST, JUST DOING A COMPARISON, MR. NEARING, THIS IS, THIS IS THE GATE ITSELF, CORRECT? CORRECT.
DID YOU HAVE A QUESTION OR YOU JUST WANNA VERIFY THAT? OKAY.
WELL, I AGREE WITH THE CITY HAVING STANDARDS ABOUT FENCE MATERIALS.
IT'S JUST IRONIC THAT TODAY WE HAVE THREE CASES ON FENCE MATERIALS AND WE HADN'T DEALT WITH FENCE MATERIALS IN AN OODLES OF TIME.
BUT THAT, THAT'S THE WAY IT ROLLS.
SO WELL, I THINK THAT'S THE, I THINK THIS IS SERVING THE PURPOSE.
'CAUSE YOU KNOW, THE BOARD OF ADJUSTMENT IS ACTS AS A RELIEF VALVE
SO IT KIND OF GIVES YOU THE OPPORTUNITY TO, TO TAKE THINGS ON A CASE BY CASE BASIS.
AND YOU KNOW, IF I CAME IN HERE AND SAID WE WANT TO PUT CORRUGATED TIN ACROSS THERE, I WOULD GET A, A RESOUNDING NO.
BUT I THINK THAT, UH, GIVEN THAT THIS IS ARTISTIC AND COMPATIBLE, THAT, UH, I HOPE WE CAN GET TO A YES, I HEAR YOU.
I SENSED MY BOARD SECRETARY'S ABOUT TO TELL ME YOU HAVE ANOTHER SPEAKER FOR THIS CASE.
IS THAT WHAT YOU'RE ABOUT TO TELL ME, MS. MARY? OKAY.
SO IF, IF, UH, WE WILL ALLOW ANOTHER SPEAKER, UH OH, SORRY.
BEFORE WE DO THAT, UH, MR. HALCOMB HAS ANOTHER QUESTION FOR MR. BALDWIN.
MR. BALDWIN, HE HAS A QUESTION FOR YOU.
ONE TO FOLLOW UP ON MS. DAVIS'S COMMENT.
SO, UM, THE, UH, GATE, OR SORRY, THE SHEET METAL.
GATE, HOW THICK IS THAT MATERIAL? I'M GONNA TURN IT OVER TO OUR LANDSCAPE ARCHITECTURE.
SO, SE SECOND QUESTION, WHICH IS THE ONE THAT ACTUALLY DOVED US WITH MS. DAVIS'S COMMENT IS TALKING ABOUT THE SUNROOM.
SO, UM, DID, WAS I GETTING OUT OF THAT, THAT YOU PROBABLY COULD DO IT WITHIN RIGHT? BUT YOU'D HAVE TO CHOP DOWN SOME BIG TREES.
WAS THAT KIND OF WHAT I WAS YEAH, PUT ANOTHER SPOT ON THE, ON THE PROPERTY WOULD REQUIRE REMOVING SOME TREES.
SO, SO THE SUBJECT OF THE, THE, UM, SPECIAL EXCEPTION TO THE SIDE YARD SETBACK TO THE VARIANCE, OR SORRY, VARIANCE TO THE SIDE YARD, YARD SETBACK IS, IS IN PART TO PROTECT OLD GROWTH TREES ON THE SIDE.
RIGHT? WE THINK IT'S THE SOFTEST PLACE TO PUT IT.
AND WE DID IT WITH CON CONSULTATION WITH OUR NEIGHBOR.
DID YOU, WE WANT, DID YOU WANNA CALL THE OTHER SPEAKER FORWARD? MS. MS. WILLIAMS? GO AHEAD MS. WILLIAMS. GO AHEAD.
DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES, MA'AM.
UH, PLEASE START WITH YOUR NAME AND ADDRESS.
CAN YOU HEAR ME? UM, JENNY QUALS ADDRESS IS 600 VALENCIA STREET, DALLAS, 7 5 2 2 3.
WHAT IS YOUR LAST NAME? QUALS.
I'M HERE AS THE LANDSCAPE ARCHITECT.
SO
BUT, UM, THIS IS NOT SHEET METAL.
THIS IS ACTUALLY CORTEN STEEL, WHICH IS A QUARTER OF AN INCH THICK.
IT'S A, UM, CUSTOM DESIGNED PERFORATED PANEL.
SO IT'S, UM, YOU DON'T SEE THIS ON THAT, ON THAT EXHIBIT THERE, BUT IT'S A REALLY BEAUTIFUL DESIGN THAT'S, UM, IN CONCERT WITH THE MID-CENTURY ARCHITECTURE.
UM, AS THE LANDSCAPE ARCHITECT, THERE ARE SEVERAL REALLY OLD GROWTH BEAUTIFUL OAK TREES, AS WELL AS SOME REALLY BEAUTIFUL JAPANESE MAPLES.
SO THAT REALLY SURROUND THE HOUSE.
AND, UM, THIS IS ACTUALLY THE ONLY LOCATION FOR THIS SCREENED IN PORCH THAT WE WOULD NOT HAVE TO CUT DOWN A TREE.
QUESTIONS FROM THE BOARD FOR THE APPLE.
MS. WILLIAMS, YOU SAID THERE WAS NO OTHER SPEAKERS? NO OTHER SPEAKERS.
[01:25:01]
FOR THE, FOR THE APPLICANT.THE CHAIR WOULD ENTERTAIN A MOTION.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 23 DASH EIGHT ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE FIVE FOOT, TWO FOOT, TWO INCH, FIVE FOOT TWO INCH VARIANCE TO THE SIDE YARD SETBACK REGULATIONS REQUESTED BY THIS APPLICANT.
BECAUSE OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOW THAT THE PHYSICAL CHARACT OF THIS PROPERTY IS SUCH THAT A LITERAL ENFORCEMENT OF THE PROVISIONS OF THE DALLAS DEVELOPMENT CODE AS AMENDED WOULD RESULT IN A NECESSARY 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 MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
IN THE MATTER OF BDA 2 2 3 0 8 0, UH, HAS MOVED TO GRANT THE FIVE FOOT TWO INCH VARIANCE, THE SIDE YARD SETBACK.
IT'S BEEN SECONDED BY MR. HOLCOMB, MS. DAVIS.
UM, BUT MR. HOLCOMB'S QUESTION ABOUT THE TREES AND HEARING FROM THE LANDSCAPE ARCHITECT CONVINCED ME THAT IT WAS A VALID REASON TO, UM, TO AWARD THIS FIVE FOOT TWO INCH VARIANCE, WHICH IS WHY I MADE THE MOTION AND WHY I'M SUPPORTING THE MOTION.
YEAH, THAT'S A CRITICAL POINT FOR ME AS WELL.
OLD GROW TREES SHOULD BE PROTECTED WHEREVER POSSIBLE.
OTHER COMMENTS ON THE MOTION? THE MOTION BEFORE THE BOARD IS 2 2 3 0 8 OH.
THE MOTION BY MS. DAVIS IS TO GRANT THE FIVE FOOT TWO INCH VARIANCE TO THE SIDE YARD SETBACK.
MOTION PASSES FIVE ZERO IN THE MATTER OF B D A 2 2 3 OH A OH 0 8 0.
THE BOARD HAS GRANTED THE FIVE TWO VARIANCE BY A VOTE OF FIVE TO ZERO FOR THE SIDEBAR SETBACK.
I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 2 3 0 8 0 ON APPLICATION OF BALDWIN ASSOCIATES GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX SIX HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
MS HA, MS. DAVIS HAS MOVED, UH, TO GRANT IN B D A 2 2 3 0 8 0, THE REQUEST TO, UH, MAINTAIN A SIX FOOT SIX INCH HIGH FENCE AS A SPECIAL EXCEPTION.
BY MS. HAYDEN? MS. DAVIS, UM, LIKE A COUPLE OF OUR BOARD MEMBERS, I WAS LEANING TOWARD NOT SUPPORTING THIS, BUT ONCE I SAW THE THE DIAGRAM, IT REALLY ASSURED ME THAT IT'S GONNA BLEND IN NICELY WITH THE NEIGHBORHOOD.
AND I DO LIKE THE FACT THAT THE ROD, ROD IRON PORTION OR WHATEVER MATERIAL THAT IS WITH A SLATS, IS GOING TO BE LIMITED TO FOUR FOOT SIX INCHES.
MS. HAYDEN, I REALLY APPRECIATE THAT THE HOMEOWNER WENT TO THEIR NEIGHBORS AND CAME UP WITH A COMPROMISE.
I MEAN, THAT'S HOW A NEIGHBORHOOD SHOULD WORK
YOU KNOW, YOU CAME BACK WITH A DIFFERENT DESIGN THAT WAS MORE IN KEEPING AND, AND WHAT THE NEIGHBORS WANTED.
UM, THAT, THAT SAYS A LOT TO ME.
UM, ONE OF THE CRITERIA WE LOOK AT IS THAT IT'S NOT CONTRARY TO THE PUBLIC INTEREST, I BELIEVE.
UM, AND, UM, THIS SHOWED THAT THIS IS NOT CONTRARY TO THE PUBLIC INTEREST TO, TO GO OUTTA YOUR WAY TO GET THE BUY-IN FROM YOUR NEIGHBORS.
I THINK IT, IT'S, I'M GLAD THAT YOU, I WAS CON I'M ALWAYS CONCERNED ABOUT HEIGHTS NARROWING IN STREETS.
I'M, I'M THE ILLUSTRATIONS THAT YOU PROVIDED, UH, ADDITIONALLY, UH, ARE POSITIVE.
A CALL FOR A VOTE MS. BOARD SECRETARY.
THE MOTION ON THE FLOOR IS 2 2 3 0 8 OH.
IT'S TO GRANT A SIX FOOT, SIX INCH HIGH FENCE SPECIAL EXCEPTION MS. DAVIS.
MOTION PASSES FIVE TO 0 2 2 3 0 8 OH.
THE BOARD GRANTS BY A VOTE OF FIVE TO ZERO, THE REQUEST FOR A SIX FOOT SIX INCH, UH, HIGH FENCE SPECIAL EXCEPTION MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 2 3 0 8 0 ON APPLICATION OF BALDWIN ASSOCIATES GRANT, THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE ON THE
[01:30:01]
PRIVATE DRIVEWAY IS A SPECIAL EXCEPTION TO THE VISUAL OBSTRUCTION REGULATION CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT CONSTITUTE A TRAFFIC HAZARD, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE AS AMENDED COMPLIANCE WITH A SUBMITTED SITE PLAN AND EVALUATION IS REQUIRED.
MS. DAVIS IN 2 2 3 0 0 8 MADE THE MOTION TO GRANT THE 20 FOOT VISIBILITY TRIANGLE TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY TRIANGLE AS A SPECIAL EXCEPTION.
IS THERE A SECOND? SECOND? SECONDED BY MR. NERI.
I'M SUPPORTING THE MOTION BECAUSE I DON'T BELIEVE IT'S A HAZARD AND AS MR. BALDWIN MENTIONED, I THINK YOU'RE ONLY ENCROACHING ON THAT TRIANGLE MAY, UH, JUST A FEW INCHES.
IT'S SUCH A TINY INCURSION INTO THE VISIBILITY TRIANGLE.
I DON'T HAVE AN ISSUE WITH SAFETY.
SO DISCUSSION THE MOTION CALL THE VOTE AND THE MOTION ON THE FLOOR IS TO APPROVE 2 2 3 0 8 0.
THE MOTION WAS TO GRANT, UM, MAIN TO GRANT THE REQUEST TO MAINTAIN ITEMS WITHIN THE 20 FOOT VISIBLY TRIANGLE AT THE PRIVATE DRIVEWAY.
MOTION PASSES FIVE ZERO IN THE MATTER 2 2 3 0 8 0 THE BOARD BY A VOTE OF FIVE TO ZERO GRANTS THE REQUEST TO MAINTAIN ITEMS IN THE 20 FOOT VISIBILITY VISIBILITY TRIANGLE.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER BDA 2 23 DASH EIGHT ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN FENCE WITH A PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS REQUIREMENT FOR FENCES IN THE DALLAS DEVELOPMENT CODE.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN 2 2 3 0 8 0.
MS. DAVIS MOVE TO GRANT THE, THE REQUEST FOR, UM, A SPECIAL EXCEPTION FOR FAN OFFENSE PANELS HAVING LESS THAN 50% OPEN SERVICE AREA.
UH, IS THERE A SECOND TO THE MOTION? SECOND.
SECONDED BY MR. NRI, MS. DAVIS.
I'M SUPPORTING THIS MOTION BECAUSE MOST OF THE FENCE REALLY IS, UM, OVER 50% OPEN.
SO THAT, THAT IS WHAT CONVINCED ME TO MAKE THE MOTION AND TO SUPPORT THE MOTION.
MY CONCERNS WERE ASSUAGED IN THAT THE SOLID PORTIONS WOULD ONLY OCCUR AT THE WINGLETS OF THE GATE AREAS.
DISCUSSION OF THE MOTION? HEARING NONE.
UH, THE MOTION TO BE VOTED ON IS BDA 2 2 3 0 8 0.
A MOTION TO GRANT A REQUEST FOR LESS THAN 50% OPEN SURFACE AREA SPECIAL EXCEPTION.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF 2 2 3 0 8 0.
THE BOARD BY A VOTE OF FIVE TO ZERO GRANTS THE REQUEST, UH, FOR A SPECIAL EXCEPTION FOR LESS THAN 50% OPEN SERVICE AREA.
LAST BUT NOT LEAST, MR. CHAIRMAN? YES, MAY, MAY I, UH, PROPOSE THAT WE TAKE A FIVE MINUTE RECESS.
CAN WE FINISH THIS LAST MOTION AND THEN DO OH, YES.
I KNOW THERE WAS ONE MORE LEFT.
HAVE WE HAVE ONE LAST MOTION AND THEN, AND THEN TAKE A FIVE MINUTE BREAK.
SO WE HAVE ONE LAST MOTION IN BDA 2 2 3 0 8.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER B D A 2 2 3 DASH EIGHT ON APPLICATION OF BALDWIN ASSOCIATES GRANT THE REQUEST OF THIS APPLICANT FOR A SPECIAL EXCEPTION TO FENCE MATERIAL STANDARDS CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED IN THE, IN THE MATTER OF 2 2 3 0 8 0.
UH, MS. DAVIS MOVED TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION FOR MATERIALS, UH, FENCE MATERIALS, STANDARDS.
SECOND BY MR. HOLCOMB, DISCUSSION BY MS. DAVIS.
I'M SUPPORTING THE, THE MOTION BECAUSE I, I THINK IT'LL LOOK REALLY NICE WITH THE, UM, WITH THE OTHER FENCE ELEMENTS.
UH, IT'S UNIQUE AND I THINK IT'LL TIE IN WITH THE HOUSE IN THE NEIGHBORHOOD NICELY, MR. HOLCOMB? YEAH, I I LIKE THAT IT'S, UM, OVER 50% OPEN.
UH, I LIKE THAT IT'S A THICKER GAUGE STEEL AND NOT A CHEAP PIECE OF METAL.
UM, I THINK IT, IT COMPORTS WELL, AND,
[01:35:01]
AND I'M IN SUPPORT OF THIS MOTION.WELL, I, ANY OTHER DISCUSSION THEN I'LL GO TO MY QUESTION.
SO THE, THE APPLICANT'S, UM, DESCRIPTION OF THE TYPE OF FENCING, HOW FAR OFF THE, OFF THE, OF WHAT THE STANDARD IS THAT THE, THAT THE CITY CODE HAS IS THIS TYPE OF COMPOSITION.
I HEARD WHAT SHE DESCRIBED, WHAT HE DESCRIBED, AND I'M, I'M HESITANT TO APPROVE WHEN WE HAVE A STANDARD FOR MATERIALS THEN ALL OF A SUDDEN.
SO I'M WONDERING, ARE WE WAY OFF THE RESERVATION OR IS IT, SO THE, THE CODE SAYS, SO EDUCATE ME A LITTLE BIT, PLEASE.
THE CODE SAYS THAT PROHIBITED MATERIALS, ONE OF THE PROHIBITED MATERIALS IS SHEET METAL, CORRUGATED METAL FIBERGLASS OR PLYWOOD OR PLASTIC MATERIALS IN CERTAIN PLASTIC MATERIAL.
SO THEY DON'T GIVE SPECIFICS AS TO HOW THICK IT COULD BE, BUT THEY'RE, THEY'RE PROPOSING ONE LARGE PIECE OF METAL FOR WHERE THE CITY'S CONSIDERING THAT SHEET METAL.
SO, SO WHETHER, SO ONE LARGE PIECE IS CONSIDERED SHEET METAL.
'CAUSE THEY DON'T GIVE A SPECIFIC AS FAR AS HOW THICK IT COULD BE.
SO HOW DOES THE STAFF, I GUESS IT'S BUILDING INSPECTION.
I GUESS YOU HOLD THEM TO THE ONE LARGE PIECE OR THE THICKNESS OR THE ONE LARGE PIECE BECAUSE THEY DON'T GIVE A SPECIFICS AS TO HOW THICK IT COULD BE BEFORE THEY CONSIDER IT NOT A PIECE OF SUGAR.
HOLD ON A SECOND, MS. HAYDEN, I GET YOU.
ONE LARGE PIECE THAT GIVES ME PAUSE.
THEY, THEY, THEY NEED TO, UH, LOOK AT THIS ORDINANCE AGAIN AND SEE IF THEY COULD BE A LITTLE MORE SPECIFIC.
'CAUSE IT'S JUST VERY, IT'S JUST A SHEET METAL.
SO THAT IS CONSIDERED SHEET METAL.
SO THAT'S THEM DOWNSTAIRS AND IN THE CITY, THE COUNCIL CHAMBERS WE'RE UPSTAIRS HERE IN THE BRIEFING ROOM, BUT I GET YOU ALL RIGHT.
I JUST, UM, SO MS. HAYDEN AND THEN MS. DAVIS.
YEAH, I WAS, I THINK YOU, YOU ALREADY MENTIONED THIS, BUT YOU KNOW, THERE'S A BIG DIFFERENCE BETWEEN A SHEET OF JUST METAL OR ALUMINUM OR SOMETHING LIKE THAT.
AND, AND, UM, THIS CORTEN STEEL, WHICH IS, BUT SHE SAID SHE CANCELED HOLD HER TO THAT.
I MEAN, IT WAS SWORN TESTIMONY.
THAT'S WHY THEY'RE ASKING FOR A SPECIAL EXCEPTION.
WELL, BUT I I, FROM US, IT'S, YEAH, I, I I TAKE THE APPLICANT AT THEIR WORD.
I'M JUST TRYING TO, I'M, I'M JUST HESITANT GIVEN THAT FROM WHAT MS. BARCO SAYS IS THE STANDARD.
SO MS. DAVIS, THEN MR. HOLCOMB, THEN MR. N MS. DAVIS, THIS IS FOR OUR ATTORNEY.
I'LL, I'LL WAIT TILL HE IS FINISHED.
SO IF THEY'RE SUBMITTING THE DESIGN AND THE MATERIAL OF DEFENSE WITH THE, UM, WITH THE ELEVATIONS, CAN'T, DON'T WE HOLD THEM TO THAT? THAT'S WHAT I WAS TRYING TO CONFIRM WITH, UH, MR.
SO IT, IT CHANGES CONCERNING TYPE OF METAL SHOULD BE IN THE SITE PLAN.
I WANNA CONFIRM THAT IF THAT METAL IS CONFIRMED IN THE SITE PLAN AND THEN WE HOLD HIM TO THE SITE PLAN AND HAVE A DOUBT, WAS QUESTION.
AND DOES THAT, UH, IN ADDITION TO THE METAL ALSO THE DESIGN? CORRECT.
HE'S CONFIRMING THAT THIS DIRECTION.
IN THE MEANTIME, I THINK I'VE GOT MS. HAYDEN, THEN MR. HOLCOMB, THEN MR. NEAR ARE, YOU'RE GOOD.
SO I GUESS THE WAY I LOOK AT IT IS THAT, YOU KNOW, THIS MOTION SAYS THAT, UM, OUR EVALUATION OF THE PROPERTY AND TESTIMONY SHOWS THAT THIS EXCEPT SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO IT'S OUR OPINION AS TO WHETHER OR NOT THIS AFFECTS, UH, ADVERSELY AFFECTS NEIGHBORING PROPERTY.
UM, AND THE REASON THEY'RE GETTING A, A SPECIAL EXCEPTION IS BECAUSE IT DOESN'T MEET EXACTLY THE LETTER OF THE LAW, THE TYPE OF MATERIAL THAT'S IN THE CITY CODE THAT IS A HUNDRED PERCENT ACCURATE.
MY CONCERN IS THE STATED BEAUTY AND THICKNESS AND TYPE OF METAL.
IS THAT HOW THEY CAN BE HELD TO BY BUILDING INSPECTION WHEN AND IF WE APPROVE THAT, THAT QUESTION HASN'T BEEN ANSWERED YET.
MR. COMB, THEN? MR. N OH, YOU'RE DONE, MR. NIAN.
UM, MY, MY CONCERNS ON THIS ARE ASSUAGED.
I THINK THE, THE SPIRIT OF THE ORDINANCE, UH, BARRING CERTAIN MATERIALS HAS TO DO WITH WE, UH, WE AS A CITY OBVIOUSLY DON'T WANT IT TO LOOK TO LOOK LIKE A JUNK YARD OR A, OR A VEHICLE SALVAGE LOT TYPE THING.
UH, THE, THE LANDSCAPE ARCHITECT ADDRESSED ANY CONCERNS I HAVE.
[01:40:01]
METAL.UM, AND YOU KNOW, IN OUR, IN OUR MOTION IT SAYS COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED PLANS ARE REQUIRED.
AND I CONSIDER THIS TO BE EVIDENCE, UM, SUBMITTED BEFORE THE BOARD.
SO, SO I'M, I'M COMFORTABLE WITH PROVING IT.
THAT'S PRECISELY WHAT I WAS ABOUT TO POINT OUT.
AND SO THAT'S A, THAT'S PRECISE, ABSOLUTELY ACCURATE.
SO IT'S THE MOST RECENT VERSION, UH, WHICH DOES REFLECT THE TYPE OF METAL.
AND SO WE CAN HOLD THEM TO THAT.
THIS OTHER DISCUSSION ON THE MOTION, THE MOTION BEFORE US 2 2 3 0 8 0.
THE, UH, THE MOTION WAS TO GRANT THE REQUEST FOR A SPECIAL EXCEPTION REGARDING FENCE STANDARDS.
ANY OTHER DISCUSSION ON THE MOTION? WE'LL CALL FOR A VOTE.
MS. WILLIAMS. MR. HAWKIN? AYE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF B D A 2 2 3 0 8 0.
UM, THE BOARD GRANTS THE REQUEST FOR A SPECIAL EXCEPTION FOR FENCE MATERIALS BY A VOTE OF FIVE TO ZERO.
UH, WE'LL NOW TAKE A FIVE MINUTES OR 10 MINUTES, GUYS.
WE'LL, WE'LL WE WILL, UH, TAKE A SIX MINUTE
SO WE'LL TAKE A SIX MINUTE AND WE'LL RECONVENE AT 2 5 0 2 50.
IT'S 2:44 PM AND WE'LL TAKE A RECESS UNTIL, UH, 2:50 PM THANK YOU.
TURN OUR, OUR WE HAVE TECHNOLOGY, MS. MARY.
UH, BOARD OF ADJUSTMENT, UH, PANEL A TUESDAY, SEPTEMBER 19TH.
IT COMES BACK TO SESSION AT 2:51 PM THE NEXT ITEM ON OUR AGENDA IS BDA 2 23 DASH 83.
UH, WE WERE ADVISED BY THE STAFF THIS MORNING THAT THE APPLICANT REQUESTED A HOLDOVER.
UH, IS THE APPLICANT HERE? YES.
IF YOU, UH, IF YOU WANT TO JUST, UM, YOU DON'T NEED TO BE SWORN IN.
WELL, I GUESS SHE'S GONNA SAY SOMETHING.
SO GO AHEAD AND SWEAR 'EM IN AND THEN I'LL ASK YOU AGAIN TO CONFIRM WHAT'S YOUR REQUEST.
DO YOU SWEAR TO TELL THE TRUTH IN YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? YES.
PLEASE STATE YOUR NAME AND ADDRESS BEFORE PROCEEDING.
ROBERTSON 22 1 SOUTH MAIN STREET.
UH, SUITE 48 DALLAS SEVEN 5:00 PM OKAY.
WE WERE REQUESTING TO HOLD IT OVER TILL THE NOVEMBER, I GUESS THE NEXT, UH, BOARD MEETING.
UM, THE CHAIRMAN WOULD ENTERTAIN A MOTION? NO.
UM, WITH, UH, IF, IF THE BOARD SO MOVES TO PUSH IT ON, WE DON'T WANNA PUSH IT ON AGAIN AFTER THAT.
JUST WANNA THROW THAT OUT THERE.
I THINK THAT'S WHAT I SAID THIS MORNING THAT I, BECAUSE IT DOESN'T GET RENO AND IT, IT'S, IT'S, UH, WE'RE CAUTIOUS ABOUT THAT.
SO I WOULD AGREE WITH MR. HOLCOMB'S COMMENT.
WE'RE ALL GONNA HAVE A MENTAL REMEM A A MEMORY OF THAT.
WE'D LOVE TO DO A MEETING SOONER IF THERE WAS, UH, UH, THERE WE'RE NOT CASTING DISPERSIONS.
WE'RE JUST SAYING THAT WE HESITATE POSTPONING.
NO, I UNDERSTAND BECAUSE WE WANT BE FAIR TO ALL EVERYONE INVOLVED.
MR. HOLCOMB, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 2 3 DASH 83 HOLD THIS MATTER UNDER ADVISEMENT UNTIL NOVEMBER 14TH, 2023 IN THE MATTER OF B D A 2 2 3 0 8 3.
MR. HOLCOMB HAS MOVED TO HOLD, UH, THIS ITEM UNDER ADVISEMENT UNTIL PANEL A ON NOVEMBER 14TH, 2023.
IT'S BEEN SECOND BY MS. DAVIS.
DISCUSSION ON THE MOTION HEARING? NO DISCUSSION.
THE BOARD SECRETARY WILL CALL THE VOTE.
MOTION PASSES FIVE TO ZERO IN THE MATTER B D A 2 2 3 0 8 3.
THE BOARD UNANIMOUSLY BY A VOTE OF FIVE TO ZERO, IS HOLDING THIS ITEM AT THE REQUEST OF THE APPLICANT UNDER ADVISEMENT UNTIL NOVEMBER 14TH, 2023.
LET ME MAKE SURE HERE, LAST CASE OF THE DAY IS BDA 2 2 3 DASH 0 82.
UM, AND I'LL, I'LL, I'LL MAKE THIS COMMENT FOR THE, FOR, FOR THOSE THAT HAVE BRAVED THE DAY IN STAYING HERE ALL THE WAY.
UM, IF YOU'LL NOTICE OUR AGENDAS ARE, ARE DONE NUMERICALLY.
AND SO AS A GENERAL RULE, WE LEAVE THE
[01:45:01]
ORDER OF THE AGENDA IN PLACE UNLESS THERE IS A REASON BY THE PRESIDING OFFICER TO CHANGE THE ORDER OF THE AGENDA.BUT GENERALLY IT'S DONE BY FIRST IN, FIRST OUT, 79, 80, 81, 83, 85, 82 IS LAST BECAUSE IT WAS ON THE INDIVIDUAL ITEM BECAUSE THERE WAS SOME STATED OPPOSITION.
UH, THAT'S JUST PART, PART AND PARCEL OF OUR PRACTICE.
THAT'S WHY IT'S LAST ON THE LIST.
UM, JUST LIKE CONSENT ITEMS GET, GET TAKEN CARE OF FIRST WHEN STAFF IS RECOMMENDING AND THERE'S NO OPPOSITION.
IT'S NOT THAT WE'RE THINKING THAT IT'S HARD OR NOT, OR WE'RE FOR OR AGAINST.
SO THAT'S JUST SO THAT YOU UNDERSTAND WHY THIS CASE IS NOW.
ALRIGHT, NEXT CASE IS BDA 2 2 3 DASH 0 8 2.
LENNOX LANE IS THE APPLICANT HERE, PLEASE COME FORWARD.
ALRIGHT, MS. BOARD SECRETARY, UH, WHAT SPEAKERS DO WE HAVE FOR AND AGAINST TODAY? WE HAVE THREE IN SUPPORT AND TWO IN OPPOSITION.
ANY ONLINE OR ALL JUST IN PERSON.
WE'RE, WE'RE NICE PEOPLE HERE.
SO, UH, IS, UH, FOR THOSE FIVE THAT WOULD LIKE TO SPEAK FOR THIS CASE, WOULD YOU PLEASE STAND AND OUR BOARD SECRETARY WILL SWEAR IN EVERYONE ALL AT THE SAME TIME.
MS. WILLIAMS, DO YOU SWEAR TO TELL THE TRUTH AND YOUR TESTIMONY TO THE BOARD OF ADJUSTMENT? PLEASE ANSWER.
ALRIGHT, SO OUR RULES OF PROCEDURE CALL FOR, UH, THE APPLICANT TO BE ABLE TO SPEAK FOR FIVE MINUTES.
UH, THOSE IN FAVOR TO SPEAK EACH FOR FIVE MINUTES.
THOSE IN OPPOSITION TO SPEAK FOR FIVE MINUTES EACH AND THEN THE APPLICANT A FIVE MINUTE REPLY.
UM, I WILL BE PLUS OR MINUS ON THAT AND I, I WANNA MAKE SURE EVERYONE HAS AN OPPORTUNITY TO SPEAK.
SO IF, HOWEVER, I GIVE THE APPLICANT MORE TIME, I NEED TO GIVE EVERYONE THE MORE TIME.
SO I'M GONNA BE REASONABLE ALONG WITH IT.
THE BOARD SECRETARY WILL NUDGE ME WHEN YOU'RE FIVE MINUTES UP, BUT I'LL PROBABLY LET YOU EXTEND, BUT AGAIN, I HAVE TO BE EQUAL TO EVERYONE INVOLVED.
SO, UM, IF YOU WOULD GO AHEAD AND INTRODUCE YOURSELF, SIR, AND YOUR NAME AND YOUR ADDRESS.
I'M AT 45 29 FARGO DRIVE IN PLANO, TEXAS, AND I'M A REPRESENTATIVE OF TERRY AND JIMMY SCHENKEL.
YOU HAVE FIVE MINUTES PLUS OR MINUS, SIR.
I DID BRING A, A PRESENTATION.
UM, TODAY I FIRST WANTED TO BRING UP THE ARCHITECTURAL DESIGN AND CONSTRUCTION OF THE FENCE.
I FEEL LIKE THE CODE IS POORLY WRITTEN.
UM, ON THE MATERIAL SIDE, WE'VE SEEN EVIDENCE OF THAT TODAY THROUGH THE DIFFERENT CASES.
UH, WE'RE USING FOUR, SIX AND EIGHT INCH LUTER LIMESTONE WITH MORTAR.
UM, THE GATE MATERIAL IS MADE OUT OF A STEEL FRAME AND THE STEEL, UM, PLATE MATERIAL THAT IS USED FOR THE GATE IS ACTUALLY A SIZED PLATE MATERIAL, NOT A GAUGED SHEET METAL.
A SHEET METAL IS GAUGED, A PLATE MATERIAL HAS A DIMENSIONAL SIZED TO IT.
I, UM, ALSO AM, UH, GONNA TALK ABOUT FENCE HEIGHT TODAY, UH, WE'RE WE'RE GOING FOR SIX FEET, TWO INCHES.
THE INSIDE OF THE PROPERTY, THE DIRT LEVEL'S A LITTLE BIT LOWER AND THAT'S WHY I'M ASKING FOR TWO INCHES.
SIX TWO IS BECAUSE OF THE INSIDE.
ON THE OUTSIDE, ON THE STREET SIDE, IF YOU MEASURED WITH THE BACKFILL OF THE DIRT, IT'D BE SIX FEET.
I BROUGHT, UM, ON THE NEXT, UM, SLIDE.
UM, BASICALLY I'M SHOWING HERE, UM, AS YOU FLIP THROUGH THESE PICTURES, ALL THE FENCES IN THIS NEIGHBORHOOD ARE SIX FEET.
UH, SOME MIGHT BE, UH, SIX TWO, BUT THEY'RE ALL HOVERING AROUND SIX FEET.
THERE ARE ALL KINDS OF MATERIALS USED.
WE'VE SEEN CENTER BLOCK, WE'VE SEEN STONE IN THESE PICTURES WE SEE BRICK.
NOW A LOT OF THE HOUSES, THAT'S A BRICK FENCE, KIND OF HARD TO SEE HERE, MUCH TALLER.
UM, HERE'S A EXAMPLE OF THE GATE MATERIAL THAT, OF ONE OF THE PROPERTIES.
IT'S A, IT'S, THIS WOULD BE, UH, NEED A VARIANCE ACCORDING TO THE CODE.
BUT MOST OF THE FENCES KEEP GOING.
MOST OF THE GATES USE THESE SIMILAR MATERIALS
[01:50:01]
IN ONE FASHION OR ANOTHER ON THEIR, ON THEIR ARCHITECTURAL DESIGN.YOU'LL NOTICE A LOT OF THE FENCES ARE MADE OUT OF THE SAME MATERIALS AS THE FRONT OF THE HOUSES.
THE FRONT OF THE HOUSE IS STUCCO.
UM, THE, THE METAL GENERALLY MATCHES THE TYPE OF ROOF MATERIALS.
WE HAVE SOME STONE COLUMNS ON THE HOUSE, THE CHIMNEYS, ALL FOUR OF THEM ARE STONE CHIMNEYS.
AND, UM, THE, THE STANDING SCENE METAL ROOF, OUR BLACK GATE WILL GO ALONG WITH THAT ARCHITECTURAL PLEASE.
AND THESE ARE JUST DIFFERENT HOUSES.
I, UM, DIDN'T HAVE A BIG ENOUGH FLASH DRIVE TO SHOW YOU ALL THE HOUSES THAT HAVE FENCES OVER SIX FEET AND ALL THE HOUSES THAT DON'T HAVE OPACITY TO 'EM.
THERE'S A SOLID FENCE GOING AND ANOTHER ONE THERE.
SO, UM, I DIDN'T WANT TO GO THROUGH AND AND RECREATE WHAT YOU SAW IN THE BRIEFING WHERE YOU TALK ABOUT NARROWING OF STREETS AND, UM, UM, TUNNEL VISION.
UH, THESE, UH, FENCES IN THESE NEIGHBORHOODS ARE SET BACK, UH, WHERE IT GIVES THE IMPRESSION THAT YOU HAVE A LARGE DRIVE AISLE, UH, DRIVING DOWN THE ROAD AND, UM, YOU DON'T GET THAT SENSE OF NARROWING.
THE QUESTION CAME UP IN THE BRIEFING ABOUT US STARTING CONSTRUCTION.
I WENT TO THE CITY PERSONALLY AND MADE IT TO THE FRONT DESK AND, UM, TOLD THE GENTLEMAN WHY I WAS THERE.
AND, UM, I TOLD HIM I'M WANTING TO CONSTRUCT A FENCE.
HIS FIRST QUESTION IS, IS THERE AN EXISTING FENCE THERE? I SAID, YES.
HE SAID, IS IT SIX FEET OR UNDER? AND I SAID, YES.
HE SAID, YOU DON'T NEED A PERMIT.
WE STARTED CONSTRUCTION OF THIS FENCE BECAUSE OUR NEIGHBORS ON EACH SIDE HAVE A SIX FOOT FENCE, BUILT OUT A SIMILAR MATERIALS.
AND SO WE STARTED CONSTRUCTION ON THIS FENCE AND A CODE ENFORCEMENT AGENT CAME TO THE PROPERTY AND HE SAID, I NEED YOU TO STOP CONSTRUCTION ON THE FENCE.
AND, UH, WELL HE, HE CALLED IT A RETAINING WALL.
THEN I SAID, WE'RE NOT BUILDING A RETAINING WALL, WE'RE BUILDING A FENCE.
AND HE SAID, WELL, PLEASE STOP CONSTRUCTION.
SO WENT DOWN TO THE CITY AND, AND THAT'S WHEN I LEARNED FOR THE FIRST TIME THAT IN A FRONT YARD, IT'S SUPPOSED TO BE FOUR FEET FENCE HEIGHT.
MY COMMUNICATION IN THE CITY WAS ALWAYS, HEY, ARE YOU REPLACING A FENCE SIX FEET AND UNDER? AND IT NEVER MADE IT TO THE CONVERSATION OF IS IT A FRONT YARD BACKYARD? SO THAT IS THE MISTAKE OF THE REASON WHY THE CONSTRUCTION ON THE FENCE STARTED WITHOUT HAVING PERMISSION ON THE SIX FOOT HIGH.
THAT IS BASICALLY MY PORTION OF WHAT I'M GONNA SPEAK ABOUT TODAY.
YOU, YOU, YOU HIT YOUR FIVE MINUTE MARK, SO YOU'RE FINE.
I WAS GONNA LET YOU KEEP GOING, BUT THAT'S FINE.
UM, WHO, WHO'S THE, DO WE HAVE ANY OTHER SPEAKERS FROM THE APPLICANT TO SPEAK OR JUST SUPPORTERS? YOU'RE WITH THE APPLICANT? I AM, YES, SIR.
IF YOU'D GIVE US YOUR NAME AND ADDRESS.
1 0 4 2 7 LENNOX LANE, DALLAS, TEXAS 7 5 2 2 9.
MY WIFE AND I, UH, BOUGHT THIS HOUSE AND, AND WE'RE WANTING TO DO THIS FENCE.
SO I'M TALKING ABOUT THE OPACITY AND THE SCREEN.
WELL, CAN YOU, UH, MOVE THE SLIDE FORWARD PLEASE? THE NEXT ONE.
AND, AND SIR, IF YOU COULD STAND A LITTLE CLOSER TO THE MICS.
USUALLY PEOPLE HAVE NO PROBLEM HEARING ME.
I'M TRYING TO BE A LITTLE, MY WIFE SAYS I'M VERY LOUD.
MINE SAYS THAT TO ME ALL THE TIME.
AND SHE SAYS I REPEAT MYSELF ALL THE TIME.
BUT AFTER FOUR, I JUST DON'T UNDERSTAND IT.
BUT AFTER 45 YEARS, I'M FINALLY GOING TO, I'M GONNA BELIEVE YOU'RE GOOD.
UH, WE'LL NOT OBJECT TO YOU BEING ARTICULATE AND, AND, UH, LOUD.
THIS IS DIRECTLY ACROSS THE STREET FROM US.
[01:55:01]
THAT'S, THAT'S YOUR FORMER MAYOR.WE SAW THAT RIGHT ACROSS THE STREET FROM US.
YOU'RE MAYOR TOO? YEAH, UHHUH.
WE BOTH LIVE IN CITY OF DALLAS.
HE AND HIS WIFE LOVE OUR FENCE.
SO JUST THROWING THAT OUT THERE.
HE'S NOT, I'M NOT GONNA VOTE FOR HIM 'CAUSE HE'S NOT RUNNING.
THIS IS ANOTHER ONE THAT IS, THIS IS ONE THAT HAS WROUGHT IRON FENCE WITH BLACKOUT WINDSCREEN.
SAME THING AS WE'RE TALKING ABOUT.
WHAT IS O WHAT'S OPACITY? OPACITY VERSUS SCREEN.
THIS IS ON A WROUGHT IRON FENCE THAT HAS BLACKED OUT WINDSCREEN.
AND THERE'S ABOUT 7, 8, 10 OF THESE IN THE PRESTON HOLLOW BETWEEN STRAIGHT AND LINUX.
THIS IS, AS YOU CAN SEE, THIS IS A BLACKED OUT FENCE WITH, AND DON'T, DON'T, UH, NOT A VERY ATTRACTIVE, BUT THIS IS BAMBOO.
SO EVERYBODY CUTS THIS THING DIFFERENT WAYS.
THEY HAVE SHRUBS AND BUSHES AND YOU CAN GO UP AND DOWN ALL THESE STREETS, SHRUBS AND BUSHES, BAMBOO.
BUT THEY'RE BLOCKED OUT TOTALLY.
AND WHEN THEY CLOSE THAT GATE YOU CAN'T SEE.
AND THESE ARE ALL AROUND OUR AREA ON THE OTHER, COULD YOU GO BACK ABOUT, UH, FIVE, FIVE OR SIX, THAT WHITE FENCE? KEEP GOING, KEEP GOING.
IT'S RIGHT DOWN THE STREET FROM US.
THAT ONE RIGHT THERE IS ABOUT FOUR HOUSES DOWN ON THE LEFT FROM MY HOUSE.
SO IT'S SIX FOOT FIVE INCHES AND IT'S A SOLID WALL AND IT'S NINE FOOT ON THE OTHER SIDE, BUT THAT'S IN THE FRONT OF HIS HOUSE, 21 FEET FROM THE STREET.
SO ALL I'M SAYING IS A LOT OF THESE FENCES ON, ON STRAIGHT LENNOX ALL AROUND THIS AREA HAVE BIG FENCES, TALL FENCES, SOLID FENCES, BLOCKED FENCES FROM EITHER WINDSCREEN OR BUSHES OR SHRUBS OR TREES.
SO WE ARE, UH, WANTING TO HAVE A FENCE.
WE, WE HAD A HOUSE FOR 11 YEARS.
WE SOLD OUR HOUSE AND WE HAD THE SAME EXACT GATE THAT WE'RE PROPOSING TO HAVE NOW.
AND IT WAS OFF A WALNUT HILL WITH A SIX FOOT, UH, BRICK FENCE WITH COLUMNS THAT SHARIF MUNI BUILT BACK 11 AND A HALF, 11 AND A HALF YEARS AGO OFF OF WALNUT HILL.
ONE, ONE HOUSE OFF OF STRAIGHT LANE.
SO WE'VE BEEN HERE AND DONE THIS.
MARK WENT, HE, HE WAS BEING VERY NICE.
HE WENT ONCE AND THEY GOT THE ANSWER THAT IT WAS, UH, SIX FOOT NO PERMIT.
IF IT WAS SIX FOOT AND YOU WERE REPLACING THE EXISTING FENCE, WE SAID, MARK, I WANNA MAKE SURE HE WENT BACK AGAIN.
AND ON THE THIRD TIME HE GOT THE SAME REPLY FROM THE SAME GUY.
BUT THEN HE WENT UP TO THE LADY AT THE VARIANCE PLACE AND SHE, SHE TOLD HIM THEN THAT IT WAS NOT THAT CASE AFTER WE HAD BEEN, AFTER THEY CAME AND SAID WE WERE BUILDING A, UH, A RETAINING WALL, WHICH THIS IS NOT A RETAINING WALL.
WE APOLOGIZED FOR THE CONFUSION, BUT WE WERE UNDER THE PREMISE THAT WE DIDN'T HAVE TO HAVE A PER UH, PERMIT.
MS. WILLIAMS. I'M TERRY SCHENKEL, 1 0 4, 2 7 LENNOX LANE.
AND UH, WE STARTED OUT MAINLY, I'M A GRANDMOTHER.
WE HAVE EIGHT GRANDCHILDREN AND THEY SPEND A LOT OF TIME AT OUR HOUSE AND WE WANTED IT FOR SAFETY AND SECURITY.
THEY'RE YOUNG AND WE PLAY ALL KINDS OF SPORTS WITH THEM.
THAT'S ONE OF THE REASONS WE BOUGHT THE HOUSE WAS TO HAVE THE OUTDOOR AREA WHERE THEY COULD ENJOY IT.
BUT WE WERE VERY CONCERNED THAT THEY MIGHT RUN OUT IN THE STREET.
THERE'S ALL KINDS OF CONSTRUCTION.
WE SEE PICKUPS, CARS, ALL PARKED, SMALL CHILDREN, IF THEY RAN OUT THERE, THEY WOULD PROBABLY BE HIT.
THEY DRIVE FASTER THAN THEY SHOULD.
AND SO WE'RE VERY CONCERNED FOR THE SAFETY AND THE PROTECTION
[02:00:01]
OF THEM.WE TRIED TO BE VERY GOOD NEIGHBORS.
WE WENT TO THE PEOPLE SURROUNDING US.
WE HAD NO IDEA WE NEEDED TO DO THIS.
AND AS SOON AS WE FOUND OUT, WE WENT TO THE PEOPLE HERE WHO ARE UH, GOING TO OPPOSE IT.
WE SPOKE TO EVERYONE THAT WAS ADJACENT TO US AND DIRECTLY IN FRONT OF US AND THEY ALL SIGNED OFF.
WE SHOWED 'EM WHAT WE WERE GONNA DO.
NO ONE HAD A PROBLEM WITH IT AT ALL.
THEN AFTER A COUPLE OF DAYS THEY CAME BACK AND THEY SAID, WE ARE NOW IN OPPOSITION.
WE FOUND ONE OF OUR NEIGHBORS DOWN THE STREET WHO DID NOT LIKE IT AND WHO, WHO HAD DRIVEN ON OUR PROPERTY AND YELLED AT MARK AND HIS CREW, YOU AREN'T GONNA PUT THIS UP HERE.
AND SO THAT'S WHY WE FOUND OUT THAT WE WEREN'T ABLE TO DO IT AFTER WE HAD ALREADY TALKED TO EVERYONE AND THEY WERE FINE WITH IT.
YOU KNOW, GO AHEAD AND TURN IT IN.
WE HAVE ALREADY GIVEN IT TO THE CITY.
'CAUSE WE HAD TURNED IT IN MARQUETTE.
SO THAT IS WHY WE WERE TRYING TO BE GOOD NEIGHBORS.
WE WANTED TO MAKE SURE EVERYONE WAS OKAY WITH IT.
AND THE REASON WE MAINLY WERE DOING IT WAS FOR THE SECURITY AND SAFETY OF OUR GRANDCHILDREN.
AND WHEN WE LIVED THERE BEFORE, UH, WE, WE WERE MEMBERS OF THE R E N P ALSO, AND THERE WERE SOME PROBLEMS THAT THEY PUT ACROSS ON EMAIL.
AND I HAVE COPIES OF THOSE ABOUT PEOPLE BREAKING IN HOMES, STEALING VEHICLES, STEALING OTHER THINGS IF THEY DIDN'T HAVE A GATE OR FENCE.
WHAT? OH, UH, IF YOU'LL DO THE SLIDE FOUR, THERE ARE EMAILS UP THERE SHOWING, AND IT SHOWS EVEN PICTURES OF PEOPLE WEARING CONSTRUCTION VESTS, WHICH THEY WERE NOT CONSTRUCTION PEOPLE AND THEY WERE COMING AND STEALING THINGS FROM PEOPLE'S HOMES.
WELL, MY HUSBAND AND I ARE A LITTLE BIT OLDER NOW, AND FROM WHEN WE MOVED IN 11 YEARS AGO.
AND WE ALSO HAVE ALL THESE GRANDCHILDREN AND I AM CONCERNED THAT SOMEONE CAN WALK RIGHT UP TO YOUR HOME.
WHEN WE LIVED ON WALNUT HILL, IF SOMETHING WAS WRONG WITH OUR GATE, WE WOULD HAVE TWO OR THREE SOLICITORS THAT WERE RIGHT THERE AT MY FRONT DOOR.
AND THERE'S REALLY NOT A LOT OF SAFETY IF YOU HAVE SOMEONE WALKING RIGHT UP TO YOU.
AND SO, LIKE I SAY, WITH SMALL GRANDCHILDREN, THEY RIDE SCOOTERS.
HERE ARE THE EMAILS THAT WERE SENT OUT BY THE R E N P OF LEADERS OR PEOPLE BREAKING IN OR THESE KIND OF THINGS.
AND SO WE REALLY ARE CONCERNED FOR OUR SAFETY AND SECURITY.
WE THINK, OH, IT'S ONE MORE SLIDE PLEASE AND ONE MORE WILL SHOW.
I BELIEVE THE PICTURES OF PEOPLE COMING THERE THEY ARE, AND THEY POSE AS CONSTRUCTION PEOPLE ATMOS ENERGY PEOPLE, WHICH THEY DEFINITELY WERE NOT.
SO WHEN WE DECIDED ON PUTTING THE FENCE UP, WHICH WE'D HAD BEFORE, WE HONESTLY DIDN'T KNOW THERE WAS A PROBLEM.
WE TRIED, LIKE THEY SAID, TO MATCH THE ARCHITECTURE, TO HAVE IT FIT IN, BE THE RIGHT KIND OF STONE, BE, YOU KNOW, TO BE NICE, WE'RE LANDSCAPING IN FRONT OF IT AND BEHIND IT.
WE WERE LEAVING IT IN THE CURRENT LOCATION BECAUSE WE'VE GOT AT LEAST FOUR OR FIVE TREES THAT ARE 30 TO 40 YEARS OLD THAT WE DO NOT WANNA DISTURB THE ROOT BALLS, THOUGH IT WILL PROBABLY KILL 'EM.
AND SO WE'RE TRYING TO PRESERVE THAT ALSO.
BUT WE WANT IT TO BE THE SAME TYPE OF NEIGHBORHOOD.
BUT AS WE'VE SHOWN IN THE OTHER SLIDES, THIS IS THE WAY THE NEIGHBORHOOD IS NOW.
MAYBE IT WASN'T THAT WAY 30 OR 40 YEARS AGO, BUT TIMES HAVE CHANGED AND SAFETY IS NOW.
AND YOU KNOW, PROTECTION IS SOMETHING PEOPLE THINK ABOUT TOO.
SO WE DID NOT MEAN TO JUMP THE GUN START BUILDING SOMETHING.
WE WERE TOLD IT WAS FINE TO GO AHEAD WITH AN EXISTING FENCE TO REPLACE IT.
AND SO THAT IS THE REASON WE STARTED THAT ARE DO YOU WANT ME TO
UM, DOES THE BOARD WANT TO ASK QUESTIONS OF THE APPLICANT OR WANNA HEAR FROM THE OPPOSITION? FIRST? LET'S GO AHEAD AND HEAR FROM THE OPPOSITION AND THEN WE'LL COME BACK AND HAVE QUESTIONS FOR BOTH.
ALRIGHT, SO THAT'S THE, THOSE ARE THE THREE SPEAKERS IN SUPPORT.
HOW MANY SPEAKERS DO WE HAVE IN OPPOSITION? TWO SPEAKERS IN OPPOSITION.
WOULD YOU PLEASE CALL THE FIRST SPEAKER, PLEASE? MR. LARRY SMITH.
UH, THIS IS THE FIRST TIME I'VE EVER APPEARED HERE AND IT'S BEEN VERY
[02:05:01]
INTERESTING.AND, UH, I WANNA THANK ALL OF THE BOARD AND THE STAFF.
IF YOU WOULD FIRST GIVE US YOUR NAME.
OH, LARRY SMITH AND ADDRESS LARRY SMITH, 47 0 1 KELSEY ROAD.
THIS IS MY FIRST TIME TO APPEAR HERE AND IT'S VERY INTERESTING PROCESS.
UH, AND QUICKLY, I WANT TO THANK, UH, YOU FOR YOUR CIVIC SERVICE.
I WANT TO THANK THE SENIOR STAFF FOR BEING RESPONSIVE TO QUESTIONS I HAVE.
AND MARY WILLIAMS WILL BE GLAD WHEN THIS HEARING IS OVER BECAUSE I'VE INUNDATED HER WITH QUESTIONS AND TALK, BUT SHE WAS ALWAYS CHEERFUL AND HAD A SMILING FACE.
UH, I HOPE YOU HAVE COPIES OF MY LETTERS THAT MARY FORWARDED YOU.
IT HAS PHOTOS ON IT, AND I WANTED TO, WE DO.
UM, MY WIFE AND I LIVE AT 47 0 1 KELSEY ROAD, WHICH IS ON THE CORNER OF LENNOX AND KELSEY.
WE BUILT OUR HOME 38 YEARS AGO AND LIVE ACROSS THE STREET FROM THE SHANKLES PROPERTY.
WE CHOSE TO BUILD OUR HOME HERE BECAUSE THE OPEN SPACE, RURAL COUNTRY FEEL OF THE NEIGHBORHOOD.
YOU CAN SEE THE PICTURES OF LENNOX.
UH, THERE ARE A LOT OF OPEN AIR FENCES.
UH, WE HAVE ZONING FOR HORSES AND HAVE AN OPEN SPACE FEEL THAT ALL OF US WANT TO PRESERVE TODAY.
UH, AS YOU ARE AWARE, THE SHANK WILL WANT TO BUILD, NOT A FENCE, BUT RATHER A STRUCTURAL SOLID WALL IMPROVEMENT, WHICH IS SIX FOOT TWO INCHES HIGH IS BETWEEN ONE AND TWO FEET THICK.
AND YOU CAN SEE THE PHOTOS THAT THERE'S REBAR IN THOSE, UH, IN THAT PROPOSED STRUCTURE.
AND PRIOR TO THEIR MOVING THERE, THERE WAS A WR IRON FENCE, VERY SIMILAR TO THE HOUSE NEXT DOOR TO THE SOUTH.
IT MAY HAVE BEEN SIX FEET TALL, BUT IT WAS 98% WR IRON.
IT WAS NOT A SOLID BRICK WALL.
UH, AND PRESUMABLY THE OWNERS SOUGHT A VARIANCE WHEN THEY BUILT THAT HOUSE.
AND, UH, AS A RESULT, UH, IT WAS CONSISTENT WITH THE OPEN SPACE COUNTRY FEEL, RURAL FEEL THAT WE HAVE IN THE NEIGHBORHOOD.
BUT INSTEAD OF PRESERVING THAT FENCE, THE CHAINS CHOSE TO DEMOLISH THAT FENCE SO THERE'S NO FENCE THERE.
AND INSTEAD, UH, REPLACE IT WITH A SOLID WALL.
THAT'S THE WAY ACROSS THE PROPERTY LINE.
AND IF YOU LOOK AT THE PICTURES, IT GIVES A KIND OF A SECRETIVE WALL COMPOUND LOOK AND FEEL, AND TAKES AWAY ANY ABILITY FOR ANYONE TO SEE AND ENJOY AND FEEL THE GREEN VEGETATION AND THE OPEN SPACE, WHICH ALL OF US CHERISH AND WHICH WAS INSTRUMENTAL IN US BUYING OUR PROPERTIES.
UH, AND THE HOMEOWNERS ON THE WEST SIDE OF LENNOX WON ONE.
IMMEDIATELY NEXT DOOR TO THE SHINGLES, THEY HAVE A SIX FOOT FENCE.
IT HAS VEGETATION, IT HAS PERIODIC COLUMNS TO SUPPORT THE FENCE, AND VERY OPEN AND YOU CAN SEE IN AND VERY ENJOYABLE.
INITIALLY THEY SIGNED THE PETITION, BUT, UH, AFTER THEY STUDIED AND SAW WHAT WAS BEING BUILT, THEY CHANGED THEIR, UM, THEIR, UH, CONFIRMATION TO AN OPPOSITION.
AND YOU CAN SEE THE LETTER THAT'S IN YOUR FILE THAT ANN STARHILL, THE NEXT DOOR NEIGHBOR, SENT THE HOUSE NEXT DOOR TO THEM, UH, TO THE NORTH THAT HAS A SOLID WALL.
AND THAT WAS SHOWN ON THE PICTURES BOTH THIS MORNING AT THE BRIEFING AND ALSO, UH, WHEN MR. SCHENKEL, OR WHEN THE, THE PLANTER SPOKE.
WELL, THIS HOUSE AND THE WALL, IT'S MY UNDERSTANDING, IS IN VIOLATION OF THE CODE.
[02:10:01]
IT WAS NE THE APPLICATION TO BUILD IT WAS NEVER MADE OR FILED.THE OWNER JUST CHOSE TO BUILD IT ON HIS OWN, AND IT CREATES ANOTHER SOLID WALL.
AND, UH, THERE ARE FIVE OWNERS OF THAT PROPERTY.
AND, UH, THEY MAY HAVE SIGNED A PETITION IN SUPPORT, BUT THAT'S ALSO IF WE TRY TO SAVE NURSING SITUATION.
AND I THINK IT HAS BEEN REPORTED TO CODE ENFORCEMENT TO VISIT THAT HOUSE AT 1 0 4 4 3 LENNOX AND CONFIRM IT IS IN VIOLATION AND THAT NO PERMIT WAS GIVEN.
UH, AND IN TERMS OF RELYING ON SOMEBODY AT THE FRONT DESK, ANY PLANNER OR DESIGNER, HE KNOWS YOU NEED TO GO TO SENIOR PLANNING.
AND HE SHOULD KNOW THAT A SOLID WALL FENCE THAT'S OVER SIX FEET IS, UH, PROHIBITED WITHOUT A VARIANCE OR EXCEPTION.
SO RELYING ON SOMEBODY AT THE FRONT DESK, UH, IS, IS NOT A JUSTIFICATION.
UH, ALSO, UH, ONE OF THE PICTURES THEY SHOWED AT THE BRIEFING THIS MORNING, AND ALSO IN THE PRESENTATION TODAY WAS ON THE CORNER OF HARRY'S LANE AND LIMITS.
THAT IS TWO TENTHS OF A MILE AWAY FROM MY PROPERTY AND TWO STREETS OVER.
AND IT WAS BUILT IN THE MID NINETIES BY SOMEONE WHO I DO NOT KNOW.
WE NEVER RECEIVED A REQUEST OR A PETITION TO CONTEST IT.
AND I PRESUME AT THAT TIME THEY DID GET A VARIANCE, BUT I HAVE NO ASSURANCES THAT THAT, UH, HAPPENED.
UH, ALSO THE, UH, TWO DOORS DOWN, UH, FROM THE NORTH IS THE SQUIRES PROPERTY.
YOU COULD SEE IN THE PICTURES IT'S OPEN, IT HAS A WR IRON FENCE.
YOU COULD SEE ALL THE GREENERY, THE SAME THING, THREE DOORS DOWN, WR IRON FENCE, GREENERY, AND SOME OF THESE OTHER SLIDES THAT WERE SHOWN.
I LIVE ON LENNOX, AND THEY MAY HAVE, UM, SOMEBODY SAID ONE OF 'EM WAS ON LYNDHURST, WHICH IS ALMOST A MILE AWAY.
YOU NEED TO GO AHEAD AND FINISH YOUR THOUGHT.
PARDON? YOU'VE, YOU'VE PASSED THE FIVE MINUTE MARK.
NO, NO, I'M NOT CUTTING YOU OFF.
I'M LETTING YOU FINISH YOUR THOUGHT.
THANK, JUST FINISH YOUR THOUGHT.
AND IN TERMS OF THE FENCE WITH THE BLACK TARP REFERRED TO THAT IS ON A CONSTRUCTION SITE THAT IS NOT A PERMANENT, UH, STR, UH, A PERMANENT COVER FOR THAT FENCE.
AND IF THEY BUILD A FENCE, HOPEFULLY THEY WILL COMPLY, UM, WITH THE FENCE.
SO, AND WE ALL MIGHT ALSO ADD IN THE NEIGHBORHOOD ALL UP AND DOWN THE NEIGHBORHOOD.
THERE ARE A LOT OF, UH, HOUSES THAT HAVE NO FENCES AT ALL.
AND WHAT WE WOULD, UH, REQUEST, UH, TO DENY THEIR APPLICATION, UH, AND HELP US MAINTAIN THE OPEN SPACE FEEL WE'VE HAD ALL THESE YEARS.
SO BOTH US AND FUTURE GENERATIONS, AND ENJOY IT.
ONE PERSON SAID, GOOD FENCES MAKE GOOD NEIGHBORS.
WE BELIEVE BAD FENCES MAKE BAD NEIGHBORS.
WE MAY COME BACK TO YOU FOR QUESTIONS.
UH, SECOND AND LAST SPEAKER FOR OPPOSITION, MS. WILLIAMS. UM, MR. THOMAS TAF, IF YOU COULD GIVE US YOUR NAME AND YOUR ADDRESS, SIR.
MR. TAF, YOU HAVE FIVE MINUTES.
THIS PROPERTY IS ACTUALLY DIAGONALLY ACROSS THE STREET FROM 1 0 4 2 7, THE SUBJECT PROPERTY.
AND, UH, BEFORE WE GET STARTED, FIRST OF ALL, I WANT TO THANK YOU ALL FOR BEING HERE AND HEARING THESE CASES.
I'VE BEEN HERE BEFORE TO LISTEN, BUT IT'S QUITE INVOLVED TODAY, HEARING ABOUT THE DOUBLE SETBACKS IN FRONT YARDS AND, AND CERTAINLY TO MARY WILLIAMS FOR ANSWERING THE PHONE, BECAUSE
[02:15:01]
WE ALL KNOW WE CALL SOMEPLACE AND YOU GET A DIAL TONE AND GET THE WAIT, BUT SHE ANSWERS THE PHONE AND ANSWERS OUR QUESTIONS.SO WE'RE VERY PROUD OF OUR BOARD SECRETARY.
AND, AND WE ARE AS CITIZENS AND, UH, SO WE ARE SINCERE ABOUT THANKING ABOUT THIS, BUT THIS IS KIND OF LIKE THE, UM, THE CASE WHERE, UH, THE GIRL SCOUTS COME SELLING COOKIES OR THE HIGH SCHOOL BAND COMES SELLING CUTLERY OR BANANA BARS OR SOMETHING ELSE.
IT'S, UH, YOU DON'T WANNA SAY NO.
AND THAT IS, THAT'S THE CASE HERE.
WE'RE, WE'RE NEIGHBORS, NOW WE'RE GOING TO BE NEIGHBORS.
AND, UM, WE'VE, WE'VE BEEN IN, UM, OUR HOME 30 YEARS, OUR RESIDENTS IN THIS LOVELY SPRAWLING NEIGHBORHOOD WHERE WE WERE FIRST ATTRACTED TO THE LARGE OPEN LOTS AND THE OPEN SPACE.
AND, UM, THE OLDER HOMES, OURS, IN FACT, WE BUILT IN 1933, SO IT'S 90 YEARS OLD.
AND NOW THAT, UM, UH, A LOT OF THESE HOMES ARE BEING REMODELED, BUT SEEMS THE FAVORITE TOOLS THROUGH REMODELING, MOST OF THESE HOMES ARE, UH, A BULLDOZER AND A BUMP TRUCK.
SO, UM, WE, UM, UH, WE'RE OPPOSED TO THE SOLID SIX FOOT FENCE AT 1 0 4, 2 7 LENNOX, AS WE DO NOT WANT TO BECOME A WALLED IN NEIGHBORHOOD, WHICH IN MY OPINION WOULD CERTAINLY ADVERSELY IMPACT OUR NEIGHBORHOOD.
UM, WE WANNA AVOID JUST WHAT WAS, UH, INVOLVED.
AND YOU DISCUSSED TO GREAT DETAIL IN D B 8 2 2 3 DASH OH SEVEN NINE ON HATHAWAY HATHAWAY AND HOLLOWAY, WHICH, BUT UP TO NORTHWEST HIGHWAY.
AND, UM, THAT'S, UH, THAT'S THE CASE HERE WHERE I THINK ONLY, UM, ONE OF THE SUBJECT, UH, PHOTOS OF THE CONCRETE BLOCK FENCE, WHICH IS ABOUT TWO TENTHS OF A MILE TO THE NORTH OF THE PROPERTY, WAS ACTUALLY ON LENNOX LANE.
IF YOU GO TO STRAIGHT LANE, IT'S ANOTHER WHOLE CASE.
THERE'S THE PEROT ESTATE, WHICH THEY SHOWED PICTURES OF, WHICH HAS BEEN WALLED PROBABLY SINCE, I DON'T KNOW, 1970 OR THE SIXTIES OR SOMETHING, WHICH THEY HAVE 26 ACRES.
THERE'S OTHER PROPERTIES, MULTIPLE ACRES, AND, AND THEIR WALLS ALL UP AND DOWN.
THAT'S THE NEXT STREET TO THE EAST.
THE, UH, BAMBOO YOU SAW IS, UH, JUST A, I DON'T KNOW, MAYBE A MILE AWAY.
THAT'S THE END OF, UH, ONE OF THE LINTS.
I DON'T KNOW IF IT'S NORTH OR SOUTH.
SO, UH, MANY NEIGHBORS IN ADJACENT TO US ON LENNOX HAVE ADAPTED TO EXISTING RULES AND HAVE RECEIVED APPROVAL FOR SIX FOOT FENCING, UM, WITH AN OPEN CONCEPT.
IT'D BE COLUMNS, PART MASONRY, MOSTLY, UH, UM, WRT IRON OR WRT IRON, OR A COMBINATION THEREOF.
SO, UH, BY WORKING WITH NEIGHBORS AND YOUR CASSITY ISSUES, I THINK THAT YOU ALL HAVE BEEN, UH, TAKING ALL OF THESE ISSUES TO HEART AND WE, UH, WISH THAT YOU WOULD DO THE SAME FOR US.
I'VE TALKED TO SEVERAL NEIGHBORS AND, UH, FOUND OPPOSITION TO THE SOLID SIX FOOT FENCE TO BE THE MAJORITY OPINION.
AND THAT'S OUR NEIGHBOR'S RIGHT ON LENNOX LANE.
SO, OR OUR ADJACENT PROPERTIES, WHICH BUTT RIGHT UP ONTO LENNOX, OR WHERE LENNOX TERMINATES PARTIALLY ON, UH, DORSETT ROAD, UM, WITH ALL THE NEW CONSTRUCTION BROUGHT ON BY THE TORNADO, WHICH, UH, DEVASTATED MUCH OF DALLAS IN THE FALL OF, UH, THREE YEARS AGO.
UM, THERE'S AND TRANSITION IN OUR NEIGHBORHOOD IN GENERAL.
SIMPLY PUT, WE DO NOT WANT TO BEGIN BY LETTING ONE EXCEPTION ON OUR STREETS.
WE END UP WHAT HAPPENED ON HATHAWAY, AND WE END UP WITH A WHOLE WALLED NEIGHBORHOOD.
SIMPLY PUT, WE DO NOT WANT TO LET THIS HAPPEN.
AND SO, UM, ALREADY THE PROPERTY ADJACENT TO THE NORTH TO A 1 0 4 2 7 LENNOX HAS A WALL, WHICH, UH, MR. SMITH BROUGHT UP WE'RE PRETTY CERTAIN THERE WAS NO APPLICATION FOR, UH, WE WERE RIGHT ACROSS THE STREET FROM THAT, AND WE DID NOT RECEIVE ANY NOTICE ABOUT A VARIANCE.
SO WE DON'T WANNA LET THIS HAPPEN.
WE DON'T WANT TO END UP DESTROYING WHAT FIRST ATTRACTED US TO THIS NEIGHBORHOOD.
SO, UM, AGAIN, I WANT TO THANK YOU FOR TAKING THE TIME AND HEARING OUR CONCERNS.
AND, UH, WE WANNA BUY THOSE, UH, GIRL SCOUT AND BOY SCOUT COOKIES, BUT WE WANNA BE GOOD NEIGHBORS AND FOLLOW THE RULES SET UP BY THE CITY AND, UH, ZONING PROPER.
[02:20:02]
AT THIS JUNCTURE, WE, THE BOARD WILL, UH, I, THE CHAIR WILL ENTERTAIN QUESTIONS FROM, UM, BOARD MEMBERS BACK UP.THE APPLICANT HAS THE OPPORTUNITY TO REPLY, SO I'M GONNA GIVE YOU THE OPPORTUNITY TO REPLY AFTER THE QUESTIONS THAT WE GO THROUGH.
SO LET'S GO THROUGH QUESTIONS FIRST, AND THEN, THEN WE'LL HAVE AN OPPORTUNITY TO REPLY.
SO BOARD MEMBERS THAT LIKE TO ASK QUESTIONS.
MR. HALCOMB, WHO WOULD YOU LIKE, WHO WOULD YOU LIKE TO ASK THE QUESTION TO? UH, YEAH, I HAVE A QUESTION FOR BOTH OF THE OPPOSITION SPEAKERS.
SO, WHICH, WHICH ONE DID YOU WANT, UM, MR. SMITH ANSWER, OR MR. TAFT? WELL, I'M GONNA ASK THE SAME QUESTION TO BOTH.
SO I NEED, LET'S START WITH MR. SMITH THEN.
MR. SMITH, WOULD YOU COME UP PLEASE TO THE MICROPHONE? YOU'RE STILL UNDER OATH, SIR, WE'RE IN NO, NO, YOU'RE STILL UNDER OATH.
I JUST WANNA MAKE SURE I UNDERSTAND YOUR TESTIMONY.
IT SOUNDS LIKE YOUR PRIMARY OBJECTION IS THE OPACITY OF THE WALL.
THE HEIGHT IS NOT SO MUCH OF AN ISSUE, IT'S, IT'S ABOUT THE ABILITY TO SEE THROUGH IT AND SEE THE PROPERTY.
I THINK BECAUSE WE HAVE OTHER FENCES NEXT DOOR AND THROUGHOUT THE NEIGHBORHOOD THAT ARE ROT, IRON FENCES MM-HMM.
AND YOU COULD SEE THROUGH 'EM AND YOU SEE THE YARDS.
AND WE WOULD PROBABLY, I CAN'T SPEAK FROM ALL MY NEIGHBORS, BUT ONCE WE SEE PLANS, WHICH WE DIDN'T SEE IN THIS, UH, SITUATION, THEN WE CAN HELP THEM.
AND LET'S HAVE A COME TO TOGETHER MEETING, WHICH WE NEVER HAD IN THE NEIGHBORHOOD LIKE YOU HAD HEARD EARLIER, SOMEONE, UH, HAD DONE.
SO YOU KIND OF NEED TO RAISE THE SKIDS.
WELL, I DON'T, I THOUGHT IT, IS IT A WRT IRON GATE? I BELIEVE IT WAS SOLID PANEL.
IF IT'S A SOLID GATE, I DO HAVE AN OBJECTION TO THAT.
I DO HAVE AN OBJECTION TO THAT.
'CAUSE OF THE OTHER GATES IN THE, A NEIGHBORHOOD ON THAT STREET, THEY ARE NOT SOLID WOOD.
AND, UM, THAT'S ALL THE ONLY QUESTIONS I HAD FOR YOU.
WE'LL COME BACK TO YOU IN A SECOND.
MR. TAFT, WOULD YOU COME BACK UP? YOU'RE GONNA DO A BUNCH OF UP AND DOWN HERE, BUT BEAR WITH US.
AND, AND IF YOU'D LIKE, I COULD REPEAT THE QUESTION OR YOU CAN JUST GO OFF ON, UH, THE PREVIOUS, UH, IF I UNDERSTAND YOU ASKED THAT, REPEAT THE QUESTION.
MR. H, SO, SO THE QUESTION IS, IS YOUR PRIMARY CONCERN IS ABOUT THE OPACITY OF THE FENCE, NOT THE HEIGHT.
AM I UNDERSTANDING THAT CORRECTLY? YES.
AND THEN DO YOU HAVE ANY OBJECTIONS TO THE, TO THE MATERIAL OF THE GATE? I HAVE NO KNOWLEDGE WHAT THE GATE WAS OTHER THAN A, A TINY SNIPPET.
I HAVEN'T SEEN A PICTURE, A PHOTOGRAPH OF THE DETAIL DESCRIPTION.
SO I REALLY, UH, HONESTLY CANNOT ANSWER THAT.
IT WAS, IT JUST SO YOU KNOW, IT WAS IN THE DOCKET, IT'S THIS IMAGE.
I DON'T KNOW IF YOU RECOGNIZE THAT, BUT, UM, THAT'S OKAY.
I I WAS JUST WONDERING IF YOU HAD ANY OBJECTION TO IT.
I THINK, I THINK THAT UNLESS THE REST OF THE, WE HAVE A 50% RULE, AND, UH, I WOULD THINK THAT IF THERE'S A COMPLIANCE WITH THAT, I THINK IT MIGHT BE ACCEPTABLE.
UH, OTHER QUESTIONS? UH, MS. HAYDEN, UH, AND THIS MAY BE A QUESTION FOR STAFF, BUT THE, UM, THE THIRD EXCEPTION IS A SPECIAL EXCEPTION TO THE FENCE MATERIAL REGULATIONS, UM, TO CONSTRUCTIVE.
AND ALSO NUMBER TWO WAS TO CONSTRUCT A FENCE USING PROHIBITIVE MATERIAL.
WHAT WAS THE MATERIAL THAT WAS PROHIBITED? WAS IT THE STONE OR WAS IT THE GATES? IT WAS JUST THE GATES.
PLEASE, PLEASE SAY IT ON THE RECORD.
YES, IT WAS THE GATE, THE GATE MATERIAL WAS PROHIBITED.
AND I COULDN'T REALLY TELL FROM THE DOCUMENTS WHAT THAT GATE MATERIAL IS THAT WAS PROPOSED METAL, OR MAYBE THE LANDSCAPE ARCHITECT COULD ANSWER THAT QUESTION.
WE'RE LET'S YOU ASK YOUR QUESTION THIS WAY, AND IF THEY CAN'T, THEN WE'LL GO THAT WAY.
SO WHAT IS IT, ASK YOUR QUESTION AGAIN.
WHAT MATERIAL, WHAT IS THE MATERIAL OF THE GATE THAT WAS PROPOSED? METAL? NO.
UM, WE, I ASKED THE APPLICANT TO PROVIDE SPECS FOR THIS, UH, GATE AS WELL, AND HE DID, AND IT WAS, I TAKE IT DOWN TO THE BUILDING OFFICIAL, AND THEY CONFIRMED THAT IT'S, IT'S CONSIDERED SHEET METAL ALSO KIND OF LIKE OUR PREVIOUS KIND, LIKE DISCUSSION AND DEFINITION OR LACK THEREOF.
SO THEN, NOW THE QUESTION IS FOR THE APPLICANT OR THE LANDSCAPE ARCHITECT, WHAT KIND OF METAL IS THIS? IS THIS CASE CASE? THAT'S A FAIR QUESTION.
UH, MR. PALMER, YOU'RE STILL UNDER OATH? YES, SIR.
THE, UH, THE GATE WILL BE MADE OUT OF THREE 16
[02:25:01]
STEEL PLATE.OTHER SHEET GOODS ARE BENT BY BENDERS, WHERE STEEL IS GENERALLY A WELDING MATERIAL.
BUT THE DIFFERENCE IS ONE IS DIMENSIONALLY SIZED, THE OTHER ONE IS, HAS A GAUGE TO IT.
THIS, THIS GATE WILL BE THREE 16TH STEEL.
BECAUSE I GUESS THE CITY WASN'T AWARE THAT IT WAS STEEL BECAUSE THEY SAID WHAT THEY HAD WAS METAL THAT WAS IN THE APPLICATION.
RIGHT IN, IN MY EMAIL RESPONSE TO THE CITY, UH, I DID PUT A SUBMITTAL, UH, THREE 16TH STEEL.
THERE'S A LITTLE CONFUSION, BUT IT'S IN THE SUBMITTAL EMAIL.
AND JUST A FOLLOW UP TOO, ON THE, WHEN, WHEN WAS IT YOU OR THE APPLICANT THAT, OR THE HOMEOWNER THAT WENT TO THE CITY AND ASKED THE QUESTION ABOUT A PERMIT? IT WAS ME, MYSELF AND YOUR LANDSCAPE ARCHITECT IN DALLAS? NO, NO, I'M JUST A BUILDER.
BUT A BUILDER IN DALLAS? YEAH.
SO WE, UH, SO WE GO TO THE CITY.
WE, A LOT OF TIMES WE GRAB PAPERWORK THAT NEEDS TO BE FILLED OUT TO GO TO CERTAIN DEPARTMENTS.
AND TO GET TO THOSE DEPARTMENTS, YOU HAVE TO KIND OF GET THROUGH THIS FIRST SCREENING.
I THINK A LOT OF TIMES THEY GIVE YOU DIRECTION TO NOT WASTE THEIR OTHER PEOPLE'S TIME.
AND THAT'S WHEN I UNDERSTOOD WE DID NOT NEED A PERMIT FOR WHAT WE WERE DOING, WHICH WAS REPLACING AN EXISTING FENCE THAT WAS SIX FEET AND UNDER.
OKAY, SO I HAVE A QUESTION OR TWO FOR STAFF.
UM, WOULD YOU PULL BACK UP ON YOUR PRESENTATION FROM THIS MORNING, THE, WHICH, WHICH SHOWED THE YAYS AND NAYS OF THE SURROUNDING PROPERTY OWNERS, PLEASE.
AND THE REASON WHY IS AFTER MR. SMITH TESTIFIED, I WENT AND LOOKED, TRIED TO SEE HIM ON THE LIST, AND HE'S NUMBER 10 AT 4 7 0 1.
KELSEY, IS THAT YOUR ADDRESS? 4 7 0 1 KELSEY? YES.
AND ACCORDING TO OUR DEAL, YOU WERE IN F IN FAVOR.
SO HE SENT HIS, UM, HE INITIALLY, THE APPLICANTS INITIALLY, FROM MY UNDERSTANDING, SENT LETTERS OR WENT AROUND TO THE APPLICANT YES.
ASKING FOR THEIR OPINION OR SUPPORT.
AND LATER THE APPLICANT CHANGED HIS MIND.
SO HE SUBMITTED ANOTHER LETTER, LETTER YESTERDAY AFTER 1:00 PM DEADLINE.
SO THE, THE, THE GREEN.IN THE CORNER, AND JUST SO THAT YOU UNDERSTAND, THIS IS NOT BINDING TO THE BOARD.
THIS IS AN IN, THIS IS, UH, THIS IS JUST FEEDBACK, STATE MANDATED CITY CODE MANDATED FEEDBACK, NOTIFICATION OF PROPERTY OWNERS.
WE TAKE IT AS FEEDBACK AND THEN WE DETERMINE BASED ON THAT, BASED ON THE CRITERIA, WHAT WE DO.
SO HE ORIGINALLY SAID HE'S IN FAVOR? YES.
BY VIRTUE OF A FORM OR AN EMAIL.
SO THE APPLICANT PROVIDED STAFF WITH A DOCUMENT WITH SIGNATURES? THIS ONE? YES.
OH, MAYBE WE RECEIVED A LETTER.
I'M SORRY, LET ME DOUBLE CHECK.
WELL, AND I'M NOT TRYING TO PUT A GUN SIGHT TO ANYONE.
I'M JUST TRYING TO GET A REALITY.
UM, SO PO AFTER, AFTER THE CUTOFF YESTERDAY, HE NOTIFIED YOU WHILE HE WAS IN OPPOSITION? IS THAT WHAT, IS THAT WHAT YOU'RE TRYING TO SAY? YES.
I WISH YOU WOULD'VE TOLD ME THAT THIS MORNING, BUT THAT'S OKAY.
WELL, I DIDN'T SEE THE LETTER UNTIL HE INFORMED ME, SO I DIDN'T SEE THE LETTER.
SO I'M GONNA GO TO MR. SMITH, IF YOU WOULD COME FORWARD A SECOND.
UM, KINDLY, DID YOU ORIGINALLY SUPPORT THIS PROJECT? I ORIGINALLY SIGNED THE PETITION.
THEY CAME UP TO MY WIFE AND I, OF COURSE, AS WE WERE LEAVING HURRIEDLY AND WE WERE TRYING TO BE GOOD NEIGHBORS, NO EXPLANATION OF ANYTHING.
AND, AND THEN SUBSEQUENTLY AFTER THAT, SUBSEQUENT THAT WE STUDIED IT OKAY.
AND LOOKED AT THE NEIGHBORHOOD AND I, AND ALSO ON THE DEPICTION OF THE RED DOTS AND GREEN DOTS THAT WAS DATED BEFORE THE VARIOUS OPPOSITION LETTERS.
THEY'RE NOT, AND IF, AND IF I UNDERSTAND CORRECTLY, YOU ARE SOUTHEAST OF THE SUBJECT PROPERTY, A DIAGONAL SOUTHEAST YEAH, PART OF MY LOT'S IN FRONT OF THEIR PROPERTY.
RIGHT ON THE CORNER OF KELSEY AND LENNON.
I'M JUST TRYING TO CLARIFY THAT.
YEAH, I'M GONNA COME BACK TO YOU IN A SECOND.
ALRIGHT, I HAVE MORE QUESTIONS, BUT I'LL
[02:30:01]
WAIT FOR A LITTLE BIT.ALL OTHER QUESTIONS MS. DAVIS? UH, THIS IS FOR, UH, FOR THE APPLICANT.
THE FIRST IS YOU, YOU HAD AN EXISTING FENCE.
WHAT, WHAT, WHAT DID THE EXISTING FENCE LOOK LIKE? JUST CURIOUS.
WHICH APPLICANT DID YOU WANT? THE HOMEOWNER OR THE BUILDER? WELL, I'LL START WITH THE BUILDER.
I THINK I'LL START WITH THE BUILDER AND THEN I'LL GO THE HOMEOWNER.
MR. PALMER, IF YOU COME FORWARD, YOU'RE STILL UNDER OATH? YES.
THE EXISTING FENCE HAD STONE THAT MATCHED THE HOUSE COLUMNS.
IN FACT, I LEFT THOSE STONE COLUMNS ON THE IN MM-HMM.
I REMOVED THOSE BETWEEN THOSE COLUMNS AND, AND SO THOSE WERE THE BORDERS OR THE BOOKENDS OF THE NEW FENCE I WAS GONNA BUILD.
SO, UH, TO ANSWER YOUR QUESTION, STONE AND WROUGHT IRON.
SO IT WAS OPEN BEFORE IT WAS OPEN WITH SOLID CARS.
AND THEN MY SECOND QUESTION TO YOU, THIS IS COMPLETELY SOLID.
IS THAT RIGHT? YES, THAT IS COMPLETELY SOLID.
SO, UH, MY, MY, I GUESS MY, THIS IS FOR THE, THE HOMEOWNERS, YOU KNOW, WE SAW VIDEO THIS MORNING.
A LOT OF THE HOMES IN THAT AREA HAVE OPEN FENCES.
I I, IT IT LOOKS LIKE AN OPEN DESIGN AND YOU'RE, YOU'RE COMING BACK WITH SOMETHING ABSOLUTELY 100% SOLID, INCLUDING THE GATES, KNOWING THAT THIS IS GONNA STICK OUT A LITTLE BIT.
IT'S NOT CONSISTENT WITH THE, THE ENTIRE NEIGHBORHOOD.
WHY? AND I, AND I GET THE WHOLE, I GET THE NEED FOR SECURITY GRANDCHILDREN, APPRECIATE ALL OF THAT.
BUT WHY NOT GO WITH A LITTLE BIT OF OPACITY HERE TO COME UP WITH A COMPROMISE AND HAVE SOMETHING THAT BLENDS IN A LITTLE BIT BETTER IN THE NEIGHBORHOOD? WE ARE WHAT, HOLD ON A SECOND.
IT'S NOT, IF YOU'RE A LITTLE BIT CLOSER TO THE MICROPHONE.
I'M, I KNOW I'M STILL UNDER OATH.
AS FAR AS FITTING INTO THE NEIGHBORHOOD RIGHT DOWN THE STREET, WE HAVE TWO NEW HOMES THAT ARE BEING BUILT.
ONE HAS A 10 FOOT SOLID WALL FENCE AROUND IT.
SO IT'S BEING CONSTRUCTED ON LENNOX.
THE NEXT HOUSE IS GOING TO HAVE A SOLID, UH, IT'S A STONEWALL ALSO.
THEN THERE IS THE ONE THAT IS MADE OF CINDER BLOCK THAT IS ACTUALLY THREE HOUSES FROM US.
AND WE HAD SEVERAL PEOPLE, UH, THE TAFS AND THE SMITHS AND THE PEOPLE NEXT DOOR, WHICH IS SAYING CHANGED THEIR MIND.
WE WENT TO THEM NOT PRESSURING, NOT RUSHING, JUST WENT, EXPLAINED IT.
WE DID SHOW THEM PICTURES OF WHAT WE WERE GOING TO DO, AND THEY WERE ALL IN SUPPORT OF IT, NO PROBLEM.
THEN WE HAD THE NEIGHBOR WHO TURNED IT IN AS BEING A RETAINING WALL.
HE WENT AND SPOKE TO THE NEIGHBORS, AND THAT IS WHEN I BELIEVE THEY CHANGED THEIR MINDS.
AND SO WE KIND OF GOT INTO THE SITUATION OF WE'RE GONNA LEAVE IT ALONE AND BRING IT TO Y'ALL.
WE WANTED A SOLID FENCE, MAINLY FOR OUR GRANDKIDS PLAY WITH BALLS.
I DON'T WANT 'EM SLIPPING THROUGH THE WROUGHT IRON RUNNING INTO THE STREET.
WE JUST WANTED IT FOR NOISE PROTECTION FOR OUR NEIGHBORS BECAUSE WE HAVE EIGHT NOISY GRANDCHILDREN AND WE WERE WANTING IT FOR SAFETY FOR THEM NOT TO DART INTO THE STREET AND GET RUN OVER.
SO THAT IS THE MAIN REASON WE WERE DOING THE SOLID FENCE.
PLUS IT IS WHERE THE EXISTING FENCE WAS, AND WE WOULD HAVE TO REMOVE SOME OF THE ROOT BALLS OF TREES OR AT LEAST DAMAGE THEM IN ORDER TO CHANGE THAT.
I HAVE MORE QUESTIONS UNLESS OTHER PANEL MEMBERS ARE READY.
IF, COULD I ASK THE APPLICANT, MR. SHEKEL? MR. SHEKEL, PLEASE.
OKAY, COUPLE QUESTIONS FOR YOU, SIR.
UH, AS PART OF THE FEEDBACK THAT WE GET, UH, ONE OF THE ITEMS THAT CAME TO US CAME FROM THE, UH, CODE COMPLIANCE COMMITTEE OF THE ROYAL WOOD ASSOCIATION.
AND IT'S A TWO PAGE EMAIL TALKING ABOUT ALL SORTS OF THINGS ABOUT, UH, THINGS WITHIN THE NEIGHBORHOOD AND YOUR PROPERTY.
AND IT SPEAKS TO 32 LOTS ON LENNOX LANE, NORTH OF DORSETT ROBE.
OTHERS HAVE BEEN NEGOTIATED OVER TIME.
UM, ARE YOU FAMILIAR WITH THAT HOMEOWNER SYSTEM? IS THAT THE ONE FROM CYNTHIA? UH, IT SAYS RICHARD, RICHARD SQUIRES.
I AM NOT, NO, THAT'S THE, THAT'S THE GUY THAT CAME ON OUR PROPERTY.
I'M, I'M TALKING ABOUT A, A PERSON THAT SPEAKS TO BE PART OF THE ROYAL WOOD ASSOCIATION.
I DON'T KNOW IN UNLESS I'M WRONG.
[02:35:01]
THERE IS A, IT'S A VOLUNTEER.H O A THERE IS NO H O A I, IT JUST SAYS ASSOCIATION.
I'M JUST, I'M TRYING TO FIND OUT FROM YOU AS A PROPERTY OWNER, WHETHER YOU'RE F FAMILIAR THAT YOU'RE FAMILIAR WITH, WITH THIS ORGANIZATION AT ALL.
I KNOW THE R E N P THAT WE PAID DUES FOR, FOR 11 YEARS, AND THAT WAS A VOLUNTARY SECURITY DEAL.
SO, UM, WHAT I'M TRYING TO GO TO IS PRIDE.
PART OF THE, THE PROCESS THAT WE GO THROUGH IS TO, TO TRY TO DETERMINE IF SOMETHING IS NON-AD ADVERSELY AFFECT NEIGHBORING PROPERTY.
IT'S ALL THESE COMPONENTS THAT WE TRY TO CIPHER THROUGH FEEDBACK OF PEOPLE THAT ARE NEXT DOOR TO YOU DOWN THE STREET IN THE NEIGHBORHOOD, OUTSIDE THE 200 FEET, IN THE 200 FEET AN H O A TYPE SITUATION.
AND SO WE'RE TRYING TO MEASURE TO WHAT EXTENT YOU AS A PROPERTY OWNER ARE TRYING TO AVOID BEING ADVERSELY AFFECTING NEIGHBORING PROPERTY.
AND SO I'M JUST TRYING TO SEE IF HOW MUCH YOU REACHED OUT OR AWARE OF THESE OTHER ORGANIZATIONS.
NUMBER ONE, WE NEVER HAVE HEARD OF THAT.
WE, WE LIVED IN THAT, OR IN PRESTON HOLLOW FOR 11 YEARS.
PRESTON HOLLOW'S A BIG NEIGHBORHOOD.
BUT WE, WE WERE, I, I'VE NEVER, I'M SORRY, I'VE NEVER HEARD OF THE RURAL OKAY.
I KNOW A GUY THAT'S LIVED THERE 20 YEARS AND THIS PARTICULAR MAN YOU'RE TALKING ABOUT, RICHARD SQUIRE SAYS HE WAS, HE'S ON THE BOARD.
HE TOLD US ON AN A, UH, VOICEMAIL THAT HE WAS, THAT WE, WOULD WE PLEASE POSTPONE IT 10 DAYS AND THEN HE WOULD HELP US GET IT THROUGH.
AND SO IF HE WOULD DO THAT, HE'S ALSO THE GUY THAT TOLD LARRY AND THOMAS THAT OUR, OUR GATE AND OUR, AND OUR FENCE WAS GOING TO LOOK LIKE A MEXICAN COMPOUND AND WERE WE GOING TO PUT GLASS ON THE TOP OF OUR, OF OUR FENCE? AND THAT'S WHEN THEY CHANGED THEIR MINDS.
OKAY, WELL I'LL LET THEM SPEAK FOR THEMSELVES.
AND YOU CAN SPEAK FOR YOURSELF, THAT SORT OF THING.
I'LL COME BACK TO YOU IN A SECOND.
WHAT OTHER QUESTIONS DO WE HAVE? UM, MR. SMITH, WOULD YOU COME FORWARD FOR A SECOND? I APPRECIATED YOUR COMMENTS.
THEY WERE WELL THOUGHT, THEY WERE FOCUSED, THEY WERE RELEVANT, WHICH IS MAKING ME WONDER WHAT'S GOING ON.
WHEN ORIGINALLY YOU SUPPORTED AND NOW YOU'RE HERE TODAY OPPOSING, TELL ME WHY YOU SUPPORTED IN THE FIRST PLACE.
OH, TELL ME WHY YOU SUPPORT IN THE FIRST PLACE AND WHY YOU NOW OPPOSE.
I SUPPORT IT BECAUSE WE WERE GOING OUT THE DOOR, MY WIFE AND I, THE PETITION HE GAVE TO US AND SAID, HERE'S THE PETITION FOR US BUILDING IN THE FENCE.
WE HAD, I HAD TO TAKE HER TO A DOCTOR'S APPOINTMENT.
WE SIGNED THE LETTER, BUT OFF UPON REFLECTION, THE NEXT DAY WE LOOKED AND WE STUDIED THE NEIGHBORHOOD.
AND DURING THAT COURSE OF TIME, UP UNTIL NOW, WE HAVE, WE DO NOT SUPPORT THE PETITION.
I MEAN, YEAH, WE DO NOT SUPPORT THE PETITION OR THE APPLICATION.
AND WE, I HAD UNTIL, I GUESS, YESTERDAY TO SEND A OPPOSITION LETTER, WHICH I DID.
BUT THAT OPPOSITION LETTER JUST DIDN'T CHANGE OVERNIGHT.
IT WAS BEING THOUGHT OUT AND CONSTRUCTED.
WELL, I, I'M COMPLIMENTING YOU AND APPRECIATING YOU AS A PROPERTY OWNER AND A NEIGHBOR AND YOUR THOUGHTS AND YOUR FOCUS ON IT.
BUT IT, THAT JUST THROWS ME COMPARED TO HOW YOU AFFORD AND NOW YOU'RE ALL OF A SUDDEN GIFTED.
SO I JUST WANTED TO HEAR FEEDBACK.
UM, BOARD MEMBERS, WHAT OTHER QUESTIONS DO WE HAVE FOR THE APPLICANT? WHAT OTHER QUESTIONS DO WE HAVE FOR OPPOSITION? AND THEN I'M GONNA STILL ALLOW THE APPLICANT THEIR FIVE MINUTE REPLY ONCE WE'RE FINISHED WITH OUR QUESTIONS.
MS. HAYDEN, I DO HAVE A QUESTION FOR THE APPLICANT, PROBABLY FOR THE BUILDER.
IF, UH, JASON, IF YOU COULD PULL UP THEIR PRESENTATION, MR. PALMER, IF YOU'D COME FORWARD.
UM, THERE WERE SEVERAL PICTURES OF GATES
[02:40:01]
AND, AND FENCES AS WELL.AND FROM WHAT I COULD SEE, MOST OF THE FENCES WERE OPAQUE WR IRON FENCES.
UM, THERE WERE, I KNOW SOME WITH SHRUBS AND THINGS LIKE THAT, BUT AS FAR AS THE STRUCTURE ITSELF, MOST OF 'EM WERE OPAQUE WITH MAYBE SOME STONE COLUMNS.
UM, AND THEN THE PICTURES OF THE GATES THAT I SAW, MOST OF THOSE WERE PRIMARILY OPAQUE, YOU KNOW, WROUGHT IRON.
THERE WERE A FEW WITH SOME STEEL, BUT, BUT, UM, WHENEVER I SEE THE PICTURES OF THE GATES, IT DOESN'T SHOW THE REST OF THE FENCE.
UM, AND, AND THE BURDEN OF PROOF IS ON THE APPLICANT TO SHOW THAT THIS IS NOT ADVERSE TO, YOU KNOW, THE NEIGHBORHOOD.
SO LET ME ASK YOU A QUESTION TO CLARIFY.
THESE ARE THE APPLICANT SLIDES, CORRECT? CORRECT.
IS ARE THESE YOUR SLIDES? SO THESE ARE PICTURES I TOOK? YES, THAT'S, I JUST WANNA MAKE SURE WHAT SHE'S ASKING.
AND YOU'RE SAYING THESE ARE WHAT YOU SUBMITTED? YEAH, SO THAT'S THE ONLY SOLID GATE THAT I SAW, BUT THERE, THERE WERE ALL THE PICTURES OF THE GATE.
AND PLUS I DON'T REALLY EVEN KNOW EXACTLY WHERE THESE ARE RELATIVE TO THE, BUT I WANTED TO GO BACK TO ALL THOSE GATE PHOTOS BECAUSE THE PICTURES OF THE GATES DON'T SHOW ANY OF THE REMAINING FENCE.
IT JUST SHOWS THE GATE AND THE COLUMNS.
I JUST WANTED TO, TO CLARIFY THAT, THAT THAT JUST SHOWS THE GATES AND NOT THE FENCES.
THE PURPOSE OF THE PICTURES OF THE GATES WERE TO ADDRESS THE METAL ISSUE AND WHAT THIS, WHAT I THOUGHT WAS A POORLY WRITTEN CODE BY THE CITY, UH, FOR YOU TO MAKE GOOD DECISIONS ON MATERIALS USED FOR GATES.
I JUST WANTED TO CLARIFY THAT.
ITS SEVERAL OF THESE OTHER PICTURES THAT YOU CAN'T SEE THE FENCE IS BECAUSE THE OPACITY OF THE LANDSCAPE IS ZERO, WHETHER IT'S, YEAH, I'M, I'M TALKING ABOUT THE PICTURES OF THE GATES WHERE THE FENCES ARE KIND OF CROPPED OUT, SO, OKAY.
YEAH, I WAS JUST, THAT'S ALL I PICTURES OF GATES TRYING TO SHOW YOU THE GATE MATERIALS.
UM, WHAT ARE THE, OH, MR. HELMA HAS QUESTIONS? UH, WELL, YEAH, MORE OF A BUG BEAR.
THAT'S BEEN A BUG BEAR THAT'S BEEN AFTER ME THESE LAST COUPLE OF SESSIONS.
SO OPACITY IS THE OPPOSITE OF TRANSPARENT.
WE'VE BEEN USING IT INCORRECTLY QUITE FREQUENTLY, BUT, BUT MORE, UH, WE, WE WANT THINGS LESS THAN 50% OPACITY.
WHAT, ANY OTHER QUESTIONS TO THIS JUNCTURE? OKAY.
THE PUBLIC HEARING'S STILL OPEN, UH, AT THIS TIME, SIR, AS THE APPLICANT
HOW ABOUT THAT? SO DOES SOMEONE ON THE PANEL HAVE A QUESTION FOR MR. TAFT? YEAH, THERE YOU GO.
MY, MY MR. NER MY QUESTION IS, UM, FOR MR. TAFT, WHAT DOES MR. TAFT HAVE TO SAY? OKAY, MR. TAFT, WILL YOU COME FORWARD AND ANSWER MR. NE'S QUESTION? UH, THANK YOU.
UM, I JUST WANTED TO POINT OUT THAT MOST OF THOSE SOLID METAL GATES ARE ON STRAIGHT LANE WHERE THEY'RE PREVALENT, UH, SUCH AS THE PEROT ESTATE AND SO FORTH THAT I PREVIOUSLY MENTIONED.
I'M, UH, A WELDER, QUITE FAMILIAR WITH, UM, GAUGED METAL DIMENSIONAL METAL FRACTIONAL METAL, AND IT'S A SOLID METAL GATE.
I THINK THE INTENTION MAYBE HAVE BEEN ON THE CODE OR A CORRUGATED METAL, AS YOU MENTIONED EARLIER, FOR, UM, AROUND SOMETHING OUT IN THE COUNTRY, A JUNKYARD OR SOMETHING, WHICH THEY'RE NOT TRYING TO DO.
BUT I THINK IT'S, UH, AT THE SAME TIME IT'S QUITE DIFFERENT THAN THE, UH, CASE 2, 2 3, UH, DASH OH SEVEN NINE, WHICH YOU HAD
UM, SO I, UM, AND I, IT'S AN OPAQUE SOLID METAL GATE.
IT, IT LOOKS LIKE A SHEET METAL GATE, SO, UM, CALL IT, WHICH YOU MIGHT LIKE.
DID THAT ANSWER YOUR QUESTION, MR. NER? YEAH.
UM, MR. SCHENKEL, AS THE APPLICANT, YOU'RE ALLOWED A FIVE MINUTE REPLY.
I'LL GIVE IT TO YOU IF YOU WANT.
IT OUR CO OUR, OUR RULES SAY THE APPLICANT GETS A FIVE MINUTE REPLY.
SO I'M LOOKING TO YOU AND I'LL LET YOU TELL, TELL ME WHO YOU WANT TO RE SPEAK FOR YOU, MR. PALMER.
UM, JUST THE HIGH NOTES, UM, BEING ABLE TO SEE THROUGH THE GATE, WE FEEL LIKE THE LANDSCAPING OF 30 YEARS HAS GOTTEN A LOT OF PROPERTIES.
[02:45:01]
AND THE PRIVACY THAT THEY NEED.WE DIDN'T HAVE THE BENEFIT OF THE 30 YEARS TO HAVE THAT PRIVACY.
WHERE WE DECIDED TO PUT THE FENCE WAS DUE TO LARGE TREES.
THERE'S SEVEN OAK TREES, AND WE DIDN'T WANNA RUIN THE MATURE LANDSCAPE, AND THAT'S WHY WE DIDN'T GO FOR SETTING THAT FENCE BACK FURTHER ON THE PROPERTY LINE, THE, THE SECOND ITEM IS, UM, THE FENCE MATERIALS USED.
WE FEEL LIKE THEY GO ALONG WITH THE FENCES IN THE NEIGHBORHOOD.
IT DIDN'T TAKE ME ANYTHING TO GET IN MY CAR AND JUST DRIVE AROUND THE NEIGHBORHOOD TO TAKE THOSE PICTURES THAT I TOOK AND PROVIDED IN THE SLIDESHOW.
UM, WE WALKED AROUND THE NEIGHBORHOOD, I SHOWED THEM A DESIGN OF THE FENCE AND THE GATE, UH, ALONG WITH THIS SHEET OF PAPER THAT I BELIEVE YOU HAVE A COPY OF THAT IS THE LAST PHOTO IN MY SLIDES WHERE THE NEIGHBORS DID SIGN OFF ON OUR PROJECT.
AND I FEEL LIKE THEY WERE, UM, I WOULD USE THE WORD BULLIED BY A BULLY IN THE NEIGHBORHOOD THAT, THAT CONVINCED 'EM OTHERWISE TO GO AGAINST OUR PROJECT.
AND I FELT, I FEEL LIKE, UM, THAT'S THE OPPOSITION THAT WE'RE GETTING OUR NEIGHBORS ON THIS PROPERTY ARE NOT GETTING ADVERSELY AFFECTED BY OUR PROJECT.
AND SEVERAL OF THEM, UM, HAVE COME AND TALKED TO US ABOUT THAT.
SO THAT'S, THOSE ARE THE HIGH POINTS.
YOU STILL HAVE, UH, A FEW MORE MINUTES.
I THINK WE'VE, I THINK WE'VE SAID OUR PIECE.
UH, I DO FEEL, UH, WHEN WE BEGAN THE WHOLE THING, WE WERE OPEN WITH OUR NEIGHBORS.
WE SHOWED THEM WHAT WE WERE TALKING ABOUT.
I DON'T FEEL THEY WERE HURRIED OR RUSHED.
THEY ALL SEEM TO BE IN SUPPORT OF IT.
NOW I'M HEARING THAT THREE OF 'EM HAVE CHANGED THEIR MINDS.
AND I, I, I KNOW THAT TOM CALLED ME AND TOLD ME HE WOULD LIKE TO REMOVE HIS SIGNATURE, AND I SAID I WOULD, YOU KNOW, I SAID, IT'S ALREADY BEEN TURNED IN, I CAN'T DO THAT.
BUT THEN HE CAME AND SPOKE TODAY.
UH, I KNOW THAT SOME PEOPLE DO HAVE, WELL, THE ONLY ONES I KNOW, THEY'RE LIKE, LARRY HAS A FENCE.
UH, TOM REALLY DOESN'T HAVE A FENCE AND HIS NEIGHBOR DOESN'T HAVE A FENCE OUT FRONT, BUT EVERYONE ELSE DOES.
AND I WOULD SAY THEY'RE AT LEAST 50% THAT ARE COMPLETELY ON, I'M JUST TALKING ABOUT ON LINUX RIGHT BY US THAT YOU CAN'T SEE THROUGH, OR THAT THERE IS SO MUCH VEGETATION THAT THEY'VE MADE IT WHERE YOU CAN'T, THERE'S NO OPACITY, YOU AREN'T SEEN THROUGH ANYTHING.
IT IS JUST, IT IS BLOCKED FROM THE ROAD.
SO I UNDERSTAND WHAT THEY'RE SAYING HAPPENED BEFORE.
I THINK THAT CHANGED WHEN THE LANDSCAPE GREW UP, WHEN PEOPLE DECIDED THEY WANTED A LITTLE MORE SAFETY AND SECURITY.
AND SO, UH, AS FAR AS GOING THROUGH WHATEVER THIS OTHER THING IS, WHEN WE BOUGHT THE HOME, NOTHING WAS MENTIONED ABOUT RICHARD SQUIRES AND THAT NEITHER, UH, WHEN WE WENT TO THE TITLE COMPANY, NOTHING FROM THE PREVIOUS OWNERS, NOT ONE PERSON.
AND WE ONLY SOLD OUR HOUSE IN PRESTON HOLLOW A YEAR AND THREE OR FOUR MONTHS AGO.
AND WE WERE MEMBERS OF THE R N P.
SO WE HAD NEVER HEARD OF THAT.
AND TO THIS DAY, WE HAD NEVER HEARD ABOUT IT.
SO I DON'T FEEL LIKE THAT IS SOMETHING THAT PEOPLE KNOW AND THAT THEY'RE AWARE THAT THEY'RE HAVING INFLUENCE OVER THE NEIGHBORHOOD BECAUSE IT WASN'T EVEN SUGGESTED TO US BY THE PEOPLE WE BOUGHT IT FROM TITLE COMPANY.
AND EVEN WHEN WE SOLD THE YEAR AND A HALF AGO, IT WASN'T A THING.
SO AS FAR AS TRYING TO CONTACT THEM, IT, THERE WASN'T ANYONE TO CONTACT.
AND PLE, AND THANK YOU FOR YOUR COMMENTS.
AND PLEASE UNDERSTAND THAT THERE IS NOT A REQUIREMENT THAT YOU CONTACT AN H O A OR THERE'S NOT EVEN A REQUIREMENT THAT YOU CONTACT YOUR NEIGHBOR.
BUT UNDERSTAND THE CODE SAYS THAT PART OF OUR CRITERIA ZEROES WRITE IN ON THE SPECIAL EXCEPTION, WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
SO YOU AS A PROPERTY OWNER, WE AS A BOARD HAVE TO USE THAT AS OUR STANDARD.
OKAY? SO, AND THAT, THAT'S OUR, THAT'S OUR STANDARD.
SO WE DID CONTACT THE FIVE RIGHT AROUND, WE DIDN'T HOLD THE JURY.
[02:50:01]
THANK YOU VERY MUCH.UH, ANY OTHER QUE ANY OTHER QUESTIONS FOR THE APPLICANT OR, UH, ON ANY OF THE SPEAKERS TODAY? HEARING NONE, THE CHAIR WOULD ENTERTAIN A MOTION.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT AND APPEAL NUMBER B D A 2 23 DASH 0 8 2 ON APPLICATION OF JAMES SCHENKEL GRANT, THE REQUEST OF THIS APPLICANT TO CONSTRUCT AND OR MAINTAIN A SIX FOOT TWO INCH HIGH FENCE AS A SPECIAL EXCEPTION TO THE HEIGHT REQUIREMENT FOR FENCES CONTAINED IN THE DALLAS DEVELOPMENT CODE AS AMENDED.
BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY, I FURTHER MOVE THAT THE FOLLOWING CONDITION BE IMPOSED TO FURTHER THE PURPOSE AND INTENT OF THE DALLAS DEVELOPMENT CODE.
COMPLIANCE WITH THE MOST RECENT VERSION OF ALL SUBMITTED SITE PLANS ARE REQUIRED IN THE MATTER OF TWO BDA 2 2 3 DASH 82.
MS. DAVIS HAS MOVED TO GRANT THE SPECIAL EXCEPTION TO MAINTAIN A SIX FOOT TWO INCH HIGH FENCE.
UM, IS THERE A SECOND? I'LL SECOND.
IT'S BEEN SECONDED BY MR. HOLCOMB, MS. DAVIS COMMENT ON THE MOTION TO GRANT THE SPECIAL EXCEPTION HEIGHT.
I'M SUPPORTING THIS MOTION BECAUSE I, I DON'T HAVE A PROBLEM WITH THE HEIGHT OF THE FENCE AND I THINK IT'S, I THINK THE HEIGHT OF THE FENCE IS FAIRLY CONSISTENT WITH THE NEIGHBORHOOD.
UM, SO I'M HAPPY TO SUPPORT THE HEIGHT OF THE FENCE, MR. HOLCOMB? UH, YEAH, THE ONLY OTHER THING I WOULD ADD IS THE TESTIMONY FROM EVEN THE OPPOSITION SHOWED NO OBJECTION TO THE HEIGHT OF THE FENCE AND, AND THEREFORE I CONCLUDED THAT IT WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
OTHER COMMENTS ON THE MOTION? THE MOTION BEFORE US IN B D A 2 23 DASH 0 82 UH, IS A MOTION TO GRANT THE SPECIAL EXCEPTION FOR, UH, SIX FOOT TWO INCH HEIGHT, UH, FENCE.
UM, THE BOARD SECRETARY WILL CALL FOR THE VOTE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA A 2 23 DASH 82, THE BOARD OF ADJUSTMENT GRANTS BY A MOTION OF FIVE TO ZERO, THE REQUEST FOR A SPECIAL EXCEPTION, UH, FOR A SIX TWO INCH HIGH FENCE.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER B BDA 2 23 DASH 82 ON APPLICATION OF JAMES SCHENKEL 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.
LET'S HAVE SOME CLARIFICATION THERE.
UH, YOUR LANGUAGE DOES NOT REFERENCE THE REQUEST FOR OPAC IN WHAT SHE JUST SAID.
SO, SO WE'RE, SO LET'S JUST HOLD FOR ONE SECOND.
YOU WANNA REWRITE THAT? SO GIVE US ONE SECOND.
SO WOULD YOU WITHDRAW THAT PLEASE? I WITHDRAW MY MOTION.
THE MOTION IS CONSIDERED WITHDRAWN.
IN THE MATTER OF B D A, UH, 2 2 3 DASH 82, IS THERE A SECOND MOTION? YES, YOU DO.
SO, WOULD YOU LIKE TO MAKE A MOTION MS. DAVIS? I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER B D 2 23 DASH 8 21 APPLICATION OF JAMES SCHENKEL DENY THE SPECIAL EXCEPTION REQUESTED BY THIS APPLICANT WITHOUT PREJUDICE TO CONSTRUCT OR MAINTAIN FENCE WITH PANEL HAVING LESS THAN 50% OPEN SURFACE AREA LOCATED LESS THAN FIVE FEET FROM THE FRONT LOT LINE AS A SPECIAL EXCEPTION TO THE SURFACE AREA OPENNESS, BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT THIS SPECIAL EXCEPTION WILL ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MANNER OF B D A 2 23 DASH 82.
UH, A MOTION HAS BEEN MADE BY MS. DAVIS TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR OPACITY,
[02:55:01]
OPACITY LESS THAN TH UH, 50%.IT'S BEEN SECONDED BY MR. NERI, MS. DAVIS.
UM, I AM, UM, I AM DENYING THE APPLICANT'S REQUEST FOR THIS FOR TWO REASONS.
NUMBER ONE, IT SEEMS LIKE MOST OF THE OPPOSITION HAS AN ISSUE WITH THE OPACITY OF THIS FENCE.
AND NUMBER TWO, I DON'T BELIEVE THAT THE CURRENT FENCE DESIGN IS CONSISTENT WITH THE NEIGHBORING PROPERTIES, AND I DO BELIEVE THAT IT WOULD AFFECT THE VALUE, UM, AND THE NEIGHBORING PROPERTIES IN THAT DEVELOPMENT.
MR. NERING? UM, YES, I I CONCUR WITH THAT.
UM, WELL, I REALIZE THAT THERE IS A SINGLE CI CINDER BLOCK WALL ABOUT THREE OR FOUR HOUSES DOWN.
I DON'T BELIEVE THAT THAT COMPORTS WITH THE MAJORITY OF THE NEIGHBORHOOD.
UM, I, WE'VE GOT ZONING AND CODE FOR A REASON.
UM, I, I APPRECIATE, UH, THE APPLICANT'S CONCERNS WITH, PARTICULARLY WITH REGARD TO SAFETY OF THE GRANDCHILDREN, ET CETERA.
I, I WOULD BE MUCH MORE LIKELY TO SUPPORT THIS SPECIAL EXCEPTION, UM, IF IT WERE LOCATED, FOR EXAMPLE, ON WALNUT HILL LANE ITSELF OR NORTHWEST HIGHWAY.
BUT I'M REALLY, UM, UH, HAVE GRAVE CONCERNS ABOUT, UH, THE WALLING OFF OR NARROWING OF INTERIOR, UH, RESIDENTIAL, UH, STREETS AND LOTS.
SO FOR THAT REASON, UM, I'M ALSO GOING TO BE IN SUPPORT OF DENYING THIS, UH, WITHOUT PREJUDICE.
OTHER COMMENTS ON THE MOTION? I WOULD AGREE, UH, WITH THE, WITH MS. DAVIS AND MR. NERING, I THINK THAT, UM, IT, THIS, THE REQUEST BY THE APPLICANT SEEMS TO ME TO BE INCONSISTENT WITH THE NEIGHBORHOOD.
WHY DO I SAY SCENES? BECAUSE ALL WE CAN DO IS DEDUCE BASED ON THE INFORMATION THAT'S PRESENTED TO US, BOTH HERE IN PERSON ON SLIDES, UH, AND WHAT OUR PROFESSIONAL STAFF PROVIDES US.
AGAIN, OUR CRITERIA IS VERY SIMPLE.
THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT NEIGHBORING PROPERTY.
AND THAT BURDEN, THAT HIGH HEEL BURDEN IS THE APPLICANT'S RESPONSIBILITY.
AND IN MY OPINION AS IT RELATES TO THE HEIGHT, I THINK YOU MADE THAT BURDEN AS IT RELATES TO THE OPACITY OF THE, OF THE PROPOSED FENCE.
I DO NOT THINK YOU MADE THAT BURDEN, MET THAT BURDEN, AND SO THEREFORE, I'LL BE SUPPORTING THE MOTION.
OTHER DISCUSSION ON THE MOTION HEARING? NO DISCUSSION WILL GO TO A VOTE.
THIS VOTE, UH, THIS MOTION IN BDA 2 23 DASH 82 IS A MOTION TO DENY WITHOUT PREJUDICE, WITHOUT MEANS THAT YOU CAN COME BACK AT ANY TIME, UH, WITH A SUBSEQUENT REQUEST.
IF THE, IF THAT'S WHAT'S PASSED BY THE BOARD, UH, RELATING TO THE OPACITY, THE OPEN SURFACE AREA OF THE PROPERTY WILL GO TO A VOTE.
MOTION PASSES 5 2 0 IN THE MATTER 2 2 3 0 8 2 IN THE REQUEST TO, UM, A SPECIAL EXCEPTION FOR, UH, OPEN SURFACE AREA.
THE BOARD UNANIMOUSLY FIVE ZERO DENIED THE REQUEST WITHOUT PREJUDICE.
MS. DAVIS, I MOVE THAT THE BOARD OF ADJUSTMENT APPEAL NUMBER BDA 2 23 DASH 0 8 2 ON APPLICATION OF JAMES SCHENKEL DENY THE REQUEST OF THIS APPLICANT FIRST SPECIAL EXCEPTION TO THE DEFENSE MATERIAL STANDARDS WITHOUT PREJUDICE BECAUSE OUR EVALUATION OF THE PROPERTY AND THE TESTIMONY SHOWS THAT GRANTING THE APPLICATION WOULD ADVERSELY AFFECT NEIGHBORING PROPERTY IN THE MATTER OF 2 2 3 0 8 2.
MS. DAVIS HAS MOVED TO DENY WITHOUT PREJUDICE THE REQUEST FOR SPECIAL EXCEPTION TO THE FENCE MATERIAL STANDARDS OF THE CITY OF DALLAS.
IT'S BEEN SECONDED BY MR. NRI, MS. DAVIS, CONSISTENT WITH THE OTHER MOTION.
I I JUST DON'T BELIEVE THAT, UM, THAT SOLID METAL GATE IS CONSISTENT WITH THE NEIGHBORHOOD AND I, I JUST BASED ON THE TESTIMONY THAT WE'VE HEARD FROM THE OPPOSITION, THAT ALSO SEEMS TO BE A CONCERN AS WELL.
SO THAT IS WHY I AM SUPPORTING THIS MOTION.
I CONCUR WITH NOTHING FURTHER TO ADD.
UM, OUR CRITERIA IS THE SAME ON THIS ISSUE.
OUR CRITERIA IS SIMPLY THE SPECIAL EXCEPTION WILL NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY IN THIS ONE MEMBER'S OPINION.
YOU HA THE APPLICANT DID NOT MEET THE BURDEN OF PROVING TO US THAT IN THE WAY IT WAS PRESENTED IN THE IN WEB, UH, IN THE WAY IT WAS PRESENTED IN RELATION TO THE SURROUNDING PROPERTY AREAS, WE, IT DIDN'T PROVE TO ME THAT IT WOULD NOT ADVERSELY AFFECT THE NEIGHBORING PROPERTY.
[03:00:01]
ONE DOES NOT NEED UNANIMOUS CONSENT.ONE DOES NOT NEED 51% OF NEIGHBORING PROPERTIES, BUT ONE NEEDS TO MAKE THE EFFORT, ONE NEEDS TO MAKE SURE THE CASE IS PERSUASIVE ENOUGH SO THAT FIVE INDEPENDENT INDIVIDUALS THAT COME FROM THROUGHOUT THE CITY THAT KNOW NOTHING ABOUT YOUR PROPERTY CAN SAY WITH A FAIR AND JUST CONCLUSION.
THAT MAKES SENSE OR IT DOESN'T.
ANY OTHER COMMENTS MR. HOLCOMB? YEAH, I WOULD, I WOULD SAY THAT, UM, YOU KNOW, THE GATE, LIKE THE OTHER CASE EARLIER WITH THE MORE OPEN GATE, YOU KNOW, COMPORTING WITH THE NEIGHBORHOOD COULD GET AT LEAST THIS ONE MEMBER THERE ON THE GATE.
IT DOESN'T HAVE TO BE COMPLETELY OPEN, BUT THIS SOLID WALL AND THEN THE SOLID GATE AND IT'S JUST THE, YOU KNOW, A COMPOUND.
AND I, AND I JUST COULDN'T GET THERE ON THIS ONE.
MS. HAYDEN AND I DO WANNA MAKE A COMMENT ABOUT THE FACT THAT THE CONSTRUCTION WAS ALREADY STARTED.
AND I UNDERSTAND THAT SOMETIMES YOU CAN GET DIFFERENT ANSWERS IF YOU SPEAK TO DIFFERENT PEOPLE, UM, IN CERTAIN PUBLIC AGENCIES.
UM, BUT IN THIS CASE, I, I FEEL THAT AS A BUILDER IN THE CITY OF DALLAS, YOU SHOULD KNOW THE CODE FOR THE ZONING THAT YOU'RE BUILDING IN AND MAKE SURE THAT YOU GET THE APPROPRIATE PERMITS.
ANY OTHER QUESTIONS ON THE MOTION? THE MOTION IN FRONT OF THE BOARD IN 2 2 3 0 8 2.
THE MOTION BY MS. DAVIS, SECONDED BY MS. JANE IS TO DENY THE REQUEST FOR A SPECIAL EXCEPTION FOR FENCE MATERIAL STANDARDS.
THE, THE BOARD SECRETARY WILL TAKE THE VOTE.
MOTION PASSES FIVE TO ZERO IN THE MATTER OF BDA 2 2 3 DASH 0 8 2.
THE BOARD UNANIMOUSLY FIVE TO ZERO DENIES THE REQUEST OF THE APPLICANT WITHOUT PREJUDICE FOR A SPECIAL EXCEPTION FOR FENCE MATERIALS.
YOU'LL BE GETTING LETTERS FROM THE BOARD ADMINISTRATOR REGARDING THOSE.
AGAIN, I WILL TELL YOU THAT WHEN THE BOARD DENIES A CASE AND STATES THAT IT'S WITHOUT PREJUDICE, IT GIVES YOU THE PROPERTY OWNER, THE APPLICANT, THE OPTION OF COMING BACK AND FILING ANOTHER CASE TOMORROW.
UM, IF THE BOARD WOULD'VE SAID WITH PREJUDICE YOU'D HAVE TO WAIT TWO YEARS.
WHAT I THINK THE BOARD IS SAYING TO YOU IS, HAVE A CONVERSATION WITH THE SURROUNDING PROPERTY OWNERS THAT DOES NOT REQUIRE UNANIMITY.
THAT THOUGH IS IT'S INCUMBENT UPON HAVING A CONVERSATION AND HAVING, HAVING THEIR INPUT AND THEIR AWARENESS OF, AND THE HOPE IS SUPPORT, BUT AT LEAST FEEDBACK OF WHAT YOU'RE TRYING TO ACCOMPLISH VERSUS WHAT THE NEIGHBORING PROPERTY IS TRYING TO ACCOMPLISH.
AGAIN, THE CRITERIA IS, I KNOW I'M REPEATING MYSELF A SPECIAL EXCEPTION THAT WILL NOT ADVERSELY NAB AFFECT NEIGHBORING PROPERTY.
UH, THAT IS THE LAST ITEM ON OUR AGENDA FOR TODAY.
UM, COUPLE, UH, THREE ANNOUNCEMENTS.
NUMBER ONE, UM, WE DO AS A FULL BOARD OF ADJUSTMENT, HAVE A FULL CALLED MEETING FOR TUESDAY, OCTOBER 31ST.
UH, MOST LIKELY IT'LL BE EIGHT 30 TO NINE WHERE WE'RE DOING COFFEE OR WHATEVER GOOD BREAKFAST, UM, MS. WILLIAMS GETS, GETS US SEE YOU, THE BURDEN ON YOU NOW.
UH, WE'RE HOPING TO GET COUNCIL CHAMBERS LIKE WE DID LAST YEAR.
OUR LAST FULL MEETING WAS NOVEMBER 1ST OF LAST YEAR, SO WE'RE HOPING TO DO COUNCIL CHAMBERS.
UH, AND THERE'S A, AND MEMBERS, WE'RE ALL GIVEN A FULL AGENDA ON THAT.
SO THAT'S THE 31ST OF OCTOBER.
UH, THE, THE PANEL A WILL NOT MEET IN THE MONTH OF, UM, OCTOBER.
UH, I'VE CANCELED THAT MEETING BECAUSE OF THE SHRINKAGE OF NUMBER OF CASES, BUT WE ARE GONNA MEET, UH, PANEL A FOR THE LAST TIME, NOVEMBER 14TH.
WE'VE HELD A CASE OVER TO NOVEMBER 14TH.
IF YOU WOULD PLEASE, UH, GENTLEMEN, GENTLEMEN, IF YOU'D PLEASE TAKE THE CONVERSATION OUTSIDE.
UM, CALL HEARING WILL BE NOV TUESDAY, NOVEMBER 14TH.
WE ARE NOT MEETING SCHEDULED TO MEET IN DECEMBER.
COUNCIL CHAMBERS EIGHT 30 IN THE MORNING.
UM, UH, AND DON'T DRESS UP AT HALLOWEEN.
WE HAVE A BUSINESS, BUSINESS PROFESSIONAL ATTIRE.
AND THEN NOVEMBER 14TH FOR PANEL A.
LAST BUT NOT LEAST, THIS MAY BE, WE DON'T KNOW, THIS MAY BE ONE MEMBER'S LAST MEETING WITH THE BOARD OF ADJUSTMENT.
AND I WANNA VERY PUBLICLY SAY US.
THANK YOU TO LAWRENCE HOLCOMB.
LAWRENCE HAS DONE A FABULOUS JOB FOR OUR PANEL
[03:05:01]
A FOR OUR BOARD OF ADJUSTMENT AND FOR OUR CITY OF DALLAS.SO I WANTED TO VERY PUBLICLY THANK YOU AS CHAIRMAN OF THE FULL BOARD, UH, FOR YOUR SERVICE.
WITH THAT BEING SAID, IT IS 4:15 PM ON THE 19TH OF SEPTEMBER.
THE BOARD OF ADJUSTMENT PANEL A IS HEREBY ADJOURNED.