[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.